USA > Illinois > DeKalb County > Past and present of DeKalb County, Illinois, Volume I > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78
detailed to the execution of the old man and the other to the execution of William. The old man was led forth first, his eyes were bandaged and he- was made to kneel upon the earth. Without any fear. perfectly calm and cool, he met his fate, and at the signal to fire. fell to the earth riddled and shattered to pieces with the charges of fifty-six rifles. William's fate came next. In the last hour fear overcame him and the recollection of his wife and family of small children no doubt made him fear the fate that he was about to meet, but the discharge of the other fifty-five rifles soon put an end to his existence. Spades and shovels were procured, a rude grave was dug on the spot where they were killed. and. unwashed and un- coffined, ghastly and gory, their bodies were rolled into one grave together and covered over. It has been stated that six weeks later their bodies were- taken up by their friends and given a decent burial. As to this we cannot say, but there is one person who stated that he. with one of the rela- tives, two days after the execution removed the- body of William Driscoll to his farm in Sonth Grove and buried it there. It has been stated by people who lived near Washington Grove that the bodies were afterward taken to the cemetery at Payne's Point. but this question will perhaps never be settled. David Driscoll and Bridge made their escape. and when the Regulators went to the house of Taylor Driscoll he was hidden in an excavation underneath it. When the Regulators had gone he left his home and went south to the Illinois river in Marshall county. and it is said that he took refuge with a man named Redden. The officers by some means got on his track and chased him to bis hiding place and found him concealed in Red- den's house, where he was arrested and brought back. He was taken before William J. Mix, jus- tice of the peace, for examination as being an ac- vessory to the crime, but for want of sufficient evi- dence was discharged. Taylor Driscoll was again arrested some years later and brought to Ogle county, where he was indicted for the murder of John Campbell. A change of venue was granted and the case sent to McHenry county. On the first trial the jury disagreed and a new one was granted. In the second trial the counsel for the defendant, Mr. Barry, found upon cross-exam- ination that Mrs. Campbell was sure that Taylor Driscoll was the man who had shot her husband ..
71
PAST AND PRESENT OF DE KALB COUNTY.
It happened, however, that she was mistaken in this. It was proved beyond question that she could not identify Pierce Driscoll, whom she had seen a few weeks before, and the jury decided that. if she could not recognize Pierce Driscoll after she had seen him but a few weeks previous, she might possibly be mistaken in the identification of Taylor Driscoll, whom she elaimed she had not seen since the death of her husband, and the jury gave him a verdiet of acquittal. From all that we can learn, however, from such men as Annas Lu- cas, Martin Campbell, son of John Campbell, who was present and could have identified David Dris- coll had he been at the trial, it is quite evident that. David Driscoll and Hugh Brodie were the men detailed to kill Campbell, and that it was a shot from the rille of David Driscoll that sent Campbell to his fate. David Driscoll left the state and was never seen here afterwards. It has been stated that he went to California and there lived until a few years ago. A short time after the execution of Driscoll, the Rockford Star, ed- ited by Mr. P. Knappen, under date of July 1. 1841, said: "A short time since we received through the postoffice a copy of the proceedings of the Ogle county lynchers up to the latest date, embracing the following resolutions: "Resolved, that the proceedings of the Volunteer Company be published in the Rockford newspapers once a month. Now be it known to all the world that we have solemnly resolved that the proceedings of Ogle county or any county volunteer lynch com- pany cannot be justified or encouraged in our col- umns. The view we take of the subject does not permit us to approve the measures and conduct of the said company. If two or three hundred citi- zens are to assume the lynch law in the face and eyes of the laws of the land, we shall soon have a fearful state of things, and where, we ask, will it end if mob law is to supercede the civil law ? If it is tolerated, no man's life or property is safe. His neighbor. who may be more popular than himself, will possess an easy and ready way to be avenged by misrepresentation and false ac- cusation. In short, of what avail are legislative bodies and their enactments? We live in a land of laws, and to them it becomes us to resort and submit for the punishment and redress as faithful keepers of the law, and thus extend to each other the protection and advantages of the law. Would
not this course be much more satisfactory and agreeable in a Christianized country than to re- sort to mob law and repulse every attempt to de- prive a fellow citizen of the precious privilege granted in every civilized country-namely, the right to be tried by an impartial jury of twelve good men of his county ? but perhaps, it will be ar- gued by some, that we have in this new country no means or proper places for securing offenders and breakers of the law. To it we answer, then build them. The time already spent by three or four hundred men in this, De Kalb and Ogle counties, at three or four different times and from two to four days at a time this season would have built jails so strong that no man or dozen men on earth, deprived of implements with which to work and confined in them, can ever escape, and guard them sufficiently strong by armed men outside to prevent assistance from rescuing them from the arm of the law. We wash our hands elear from the blood of Lynch law."
In the same number of the Star from which the above is quoted there appeared two communica- tions-one, signed Vox Populi, taking a strong ground against the action of the Regulators and pronouneing them a banditti. This writer says: "Banditti like, after organization, these fiends in human shape commenced to traverse the country for plunder, not perhaps of valuable goods, but the liberty and lives of their fellow citizens. Every one who happened to fall under suspicion of one or more of this gang was at once brought before their self-constituted tribunal, where there was no difficulty in procuring testimony for convicting him of any crime named, when he was sentenced and men appointed to inflict the adjudged pun- ishment which in the embryo existence of the 'elan,' from twenty to three hundred lashes were laid on." The article further states: "No man pretends that John and William Driscoll had com- mitted murder, nor can they say they merited the punishment they received. Even had they been found guilty by an impartial jury of their coun- trymen of the crime alleged by the mob. Nor had unimpeachable testimony been brought to prove them guilty of that for which circumstan- tial evidence was horribly distorted to conviet them, the punishment would have been but three to five years in the penitentiary. Has it come to this, that in a land of civilization and Christian-
22
PAST AND PRESENT OF DE KALB COUNTY.
ity. blessed with as wholesome a code of laws as man's ingenuity ever invented, that a few desper- adoes shall rise up and infliet all manner of pun- ishment, even death, upon whomsoever they please ? Shall our eivie law be sacrificed and trampled in the dust at the shrine of moboeraey? Shall the life and property of no one receive protection from the civil law, but both be subject to the nod of an inconsiderate and uncontrollable mob?" The Star editorial already quoted and the communication of Vox Populi only maddened the Regulators the more, and a few evenings after this article was issued the office was entered by unknown parties and the type in forms and cases pied-that is, turned out on the floor promiscuously-and the en- tire office reduced to a pile of ruins. Knappen's hopes were blasted and he shortly afterward sold the wreck to John A. Brown. and the publication of the paper called the Pilot was commenced.
The crime committed at the home of William Mulford, heretofore mentioned. is now supposed to have been perpetrated by a man named Oliver and one of his accomplices, Irving A. Stearns, who was found in Michigan in the penitentiary, was released, brought home and turned state's evidence, and Oliver was sent to the penitentiary for five years. He afterward re- joined his wife and family in New York. We learn from a party who lived in New York that after Oliver returned to his old home he came west. and it is supposed brought home with him an im- mense amount of gold. There are parties who believe that this gold was taken from Driscoll's Grove. now South Grove, and after the execution of the men a party traveling through the woods found the place there where the ground had been freshly dug and marks on four trees indicating that the spot had been marked for some purpose. Oliver lived a rather peculiar life. but was never guilty of any crime so far as is known, and at his own request he was buried in his every day clothes, a hat on his head and pipe in his mouth. He was known all over that seetion of the country for his many peculiarities. A family of Aikens was sup- posed to belong to the bandits, and one of the sons, with Burch and Fox. were afterwards apprehended, tried and convicted of horse stealing and sentenced to death in Warren county. It is said that Aiken went west, located far up the Missouri river and settled down to industrial pursuits, and to all ap-
pearances led an honest life. Fox and Bureh were in some respects the most cunning and vicious criminals that ever lived in the Mississippi val- ley. They were guilty of the murder of Colonel Davenport, were arrested and both escaped. and it was never known what became of them. So much has been written on the trial of the Dris- colls and so many statements have been given that seem to be contradictory, that we have with great pains ferreted out as carefully as any one can the circumstances.
In the September term of court in Ogle county of 1841 an indictment was found against the one hundred and eleven men who composed the jury and were the executioners of John and William Driscoll. The case was entitled the People versus Jonathan W. Jenkins. Seth H. King, George D. .Johnson. Commodore P. Bridge, Moses Nettleton, James Clark. Lyman Morgan, William Keys, Wil- son Daily, John H. Stevenson, Zebulon Bur- roughs. Andrew HI. Hart, John V. Gale, George W. Phelps, Benjamin T. Phelps. John Phelps, James C. Phelps, William Wooley. William Knight, Mo- ses T. Crowell, Jacob B. Crist, Edwin S. Leland, John S. Lord. Caleb Williamson. Caleb S. Mar- shall. Philip Spraker, Richard Chaney, Simeon S. Crowell. James W. Johnson, Alanson Morgan, Au- gustus Austin. John Austin, Thomas Stinson, Charles Fletcher. Aaron Payne, Spowk Welling- ton. Jeremiah Payne. James Scott, Mason Taylor, Harvey Jewett. John Oyster, Phineas Chaney, Richard Hayes. Obed Lindsay, Amos Rice. Erastus Rice, Sumner Brown. Jr., James D. Sanford, Ja- cob Wiekizer, George Young. Thomas O. Young, Osburn Chaney, Rolf Chaney, Annas Lucas, Peter Smith, Henry Hill, David D. Edington, Andrew Keith. John B. Long, Orrin B. Smith. David Shumway. Horace Miller. John F. Smith. Charles Latimer. Jason Marsh. Perley S. Shumway, Al- fre l M. Jarboe. Francis Emerson, Thomas Emer- son. Abel Smith. Eliphalet Allen. James Baker, Jarvis C. Baker. Joseph Jewell. Jefferson Jewell, Charles Abbott, Sidney M. Layton. M. Perry Kerr. James Harphan, John Coffman. Anthony Pitzer. .Jonas Scoffstalt. Jacob M. Myers, Samuel Mitch- ell. John Harmon. John Cooley, William Dewey, William Wallace. Robert Davis. James Stewart, David Wagner. Aaron Billig. Joseph M. Reynolds. John Kerr. James Hatch. Albanon W. Rinker. David Potter, Martin Rhodeamon, Ralsamon
73
PAST AND PRESENT OF DE KALB COUNTY.
Thomas, Benjamin Worden, John McAlister, John Beedle, Ephraham Vaughn, Justus Merrifield. Elias Vaughn, John Adams, Israel Robertson, and George W. Kinney. Indictment for murder. The case was called for trial at the same term of court, Judge Ford presiding, at which the indictment was found. Seth B. Farwell appeared for the people and Messrs. Peters, Dodge, Champion and Caton, afterward a prominent judge, for the defendants. The jury before which they were tried was com- posed of S. S. Beatty, S. M. Hitt. James C. Hagan, Elias Baker, William Carpenter, John Shoffstalt. James B. MeCoy, George Swingley, Richard Me- Lean, William Renner, Justin Hitchcock and Hiram Weldon ; S. M. Hitt, foreman. When arraigned for trial the defendants pleaded not guilty and the trial proceeded. Most of the time ocenpied in the disposition of the case was consumed in call- ing the names of the defendants. Several wit- nesses were called on the part of the prosecution, but no direct evidenee was adduced, and after a brief address by Prosecutor Farwell for the people and Caton for the defendants. the case went to the jury, and without leaving their seats the jury returned the verdict not guilty. The effeet pro- dueed by this execution upon the lawless element was salutary, for they began to realize that the Regulators were in carnest and if the courts would not do justice they would take justice into their own hands. Looking at it from this distant point of view, after the most rigid examination of all evidence, and after interviews with persons inter- ested, one ean readily see the mistakes made by both parties. The Regulators were too hasty in inflicting punishment. before positive proof was obtained, and, as there were many of them, some of them perhaps were decidedly arrogant. No apology. however, can be made for the banditti, who rapidly disappeared from this section of the state shortly after the execution at Washington Grove. It has often been asked who was the real murderer of Captain Campbell. As has been stated. Taylor Driscoll was put on trial and cleared by the jury of MeHenry county citizens, but no doubt David Driscoll was guilty of the crime com- mitted. One reason, perhaps, for connecting the Driscolls with the banditti was the fact that Dris- coll married one of the Brodies, and that they were frequently visiting back and forth, but so far as is known William and John Driscoll were inno-
cent men, and every one who has taken pains to investigate the questions knows this to be a fact. The death of Martin Campbell, the thirteen year old son of John Campbell, who stood by his father when he fell at the hands of the assassin, occurred last year. The facts connected with this circum- stance were fully recounted and substantiates the facts as we present them.
P
The winter of 1841-2 was known among the old settlers as one of great severity. The first snow fell on the Sth of November and remained on the ground until April 14. With the exception of the usual January thaw the sleighing was excellent. The thermometer fell to about forty degrees be- low zero on one or two occasions. For a winter of such severity sufficient provision had not been made and forage for the stock became very scarce and hundreds of horses, hogs and cattle died of starvation. At this time it will be remembered that most of the young stock was allowed to run out during the winter and they secured their liv- ing on dried prairie grass and around stacks of siraw. Hay this year sold at twenty dollars per ton and money was exceedingly scarce. As has been mentioned previously in the article on game, in the early days when snow was deep deer were easily entrapped and could be slaughtered with axes and clubs. After the January thaw a crust froze over the snow, which would support a man or a dog, but the sharp hoof of the deer would break through and they could make little progress when pursued by dog, man or wolf. They came in large numbers to the barnyards and would feed with the stock or gnaw the barks of trees. It is said that five hundred deer were killed in the northern part of this county during that winter. While this was a severe lesson and the most of the people subsequent to 1841-2 built better houses and were generally quite prosperous, so that there- after in the county's history no great suffering ha- been occasioned by extreme cold. The year 1842 opened bright and prosperous and crops were sown in good season and produced abundantly at har- vest time. For the first time in the history of Illinois the steel scouring plow came into use and proved one of the most important implements ever invented for the prairie farmer. Previous to this
PAST AND PRESENT OF DE KALB COUNTY.
time the ground had been "buggered over" with an old cast iron plow or some strange contrivance which served as plow share. These tools could not be scoured, but must be cleaned every few rods. so that they were quite ineffective for the work required of them. Nothing but the fertility of the soil on the prairie enabled the settlers to raise and crops with such culture. The prairie began to be taken up quite rapidly and with the exception of fonr townships more than half of the prairie area was occupied by claimants. "During this year E. L. Mayo was certified to be a man of good moral character and was admitted to the bar. He has since been a leading lawyer. has held many public offices and was a man who contributed largely to the welfare of Sycamore." Under date of March 11. 1842. is the following official record :
To illustrate elearly how poor the people of this county were at that time and how difficult it was to raise taxes and how little money was then in the country we will append below the list of property in district No. 2. including the present townships of Cortland. Sycamore. De Kalb. May- field and parts of Genoa and Kingston and as- sessed by Evans Wharry in 1839:
C'attle,
Horses,
Furniture,
Other Prop-
Valuation.
Aggregate
Phineas Joslyn
× 30
$120
825
$ 63
$238
Daniel Churchill
150
12
162
David Churchill
100
15
66
254
Harry Joslyn
40
12
32
Arsa Parker
100
Henry H. Gandy
15
120
25
...
230
George W. Gandy.
21
90
25
19
155
Elias Hartman
50
39
$60
169
Peter Young
45
50
. .
34
129
Asace Champlin
190
100
15
39
. . .
40
Powel Crossett
190
100
10
16
316
Amon Booth
40
9
60
109
Austin Hayden
283
20
33
..
365
Zeanos Churchill
20
. .
. .
.
. .
. .
.. .
95
Samuel Spring
125
60
52
242
Jolın Waterman
110
120
20
62
500
812
Ezra A. Hanson.
300
23
21
346
Davis Wood
20
100
31
156
James Lovel
¥6
-
35
20
148
John Elliott
93
100
55
25
161
Winslow Norcutte
2%
100
118
246
Alvin Dayton
12
63
15%
Ralph Wyman
30
5%
142
Silvanus Hocum
1:
100
15
40
170
Hiram Buell
15
15
Peter W. Walrod.
:1
15
112
327
E. 160 R. thence S. 9 degrees W. 160 R. thence
William Townsend
100
60
63
123
Rufus Colton
13
..
30
30
Jacob Jenks
15
62
157
Harry B. Barber
41
61
. .
35
136
Clark L. Barber
30
110
Rustle Huntly
100
151
439
Wm. N. Fairbanks
150
. .
. -
. .
--
25
400
$03
James Williams
50
. . .
6
6
. ..
62
Amount of taxes of 1×41
325.31
Fines delivered by clerk.
33.16
Docket fees delivered by clerk
61.50
240
1:0
20
132
400
962
Joseph Sixbury
100
40
140
Livington C. Walrod
120
23
145
Morris Walrod
TO
120
51
246
Henry Madden
10
20
9
39
James A. MacCullom
70
100
15
256
Isaac MacCullom
135
10
65
210
Reuben Nichols
55
50
10
30
145
Jolın Nichols
5
40
45
Charles Townsend
90
. .
50
. .
140
Marshall Stark
131
113
9
303
Harvey Maxfield
110
. .
15
84
. . .
209
·
5
27
107
Eli Barnes
115
50
5
33
. . .
206
Ora A. Walker
60
5
12
. .
Neal Swaney
145
120
345
James Paistley
111
Jacob Cox
115
Frederick Love
100
230
. .
18
68
Amount of taxes of 1839
$249.52
Amount of taxes of 1×40.
2×2.9%
Samuel Thompson
75
60
...
100
Lyman Barber
15
Isaac Gandy
13
80
17
120
Marcems Hall
.
18
. . .
...
. . .
poses, hounded as follows. Io wit: From a point
Mathew H. Pery
136
..
..
63
134
Pheneas P. Stevens. . 200
George Harrison
30
72
95
James Cartwright
Solomon Holister
37
112
191
which bears N. 5412 degrees W. 10 R. 21 links from the S. W. corner of M. Walrod's dwelling house and S. 10 degrees east 1 R. 22 links from the S. E. corner of Carlos Latrin's house. running thence N. 9 degrees E. 80 R. thence S. 81 degrees
N. SI degrees W. 160 R. thence N. 9 degrees E. 80 R. to the place of beginning. contain- ing 160 acres. J. S. WATERMAN, Surveyor."
Lysander Darling as treasurer of De Kalb coun- ty presented the following account which is inter- esting as showing the amount of taxes then col- lected :
Valuation. ...
Valuation.
Valuation. .
erty, Valuation
Money.
.
. .
302
Robert Mitchell
150
10
300
310
Erastus Hamlin
50
33
148
Eli W. Brooks
. .
40
27
Widow Crossett
..
20
Castle Churchill
15
"This day. in pursuance of an act entitled an act permanently to locate the seat of justice of the county of De Kalb. approved January 30. 1840. the commissioners of said county has selected one hundred and sixty acres of land for county pur-
5
. .
...
John Maxfield
Erasmus C. Walrod.
.. .
110
150
100
364
75
PAST AND PRESENT OF DE KALB COUNTY.
Daniel B. Lamb. 15
80
40
139
Lewis Love
25
50
. . .
. .
William Bassett
50
.
. .
20
John J.& C. Waterman
Eli G. Newell.
15
40
5
84
199
John R. Hamlin. 50
50
Robert Graham
45
80
. .
90
.. .
215
John Fryer
15
195
69
. .
279
I. & James Robert ..
100
20
18
. . . 168
* One store.
I. Evans Wharry, do certify the within assess- ment and valuation to be a true copy and correct to the best of my abilities. EVANS WHARRY.
Sycamore, Dec. 5, 1839.
The number of property owners who served on juries and had bills against the county paid their taxes with county orders. This was about the time of the failure of the State Bank, which occurred in February, 1843, and had spread devastation and ruin. Governor Ford, when entering upon his duties as executive of the state, found it im- possible to pay the interest of the state debt in currency. People of the eastern states and foreign countries who had bought some of the bonds taunt- ed this state as a repudiator and indeed there was a large part of the population in favor of repudi- ating the state debt. It is said that when Illinois- ians were traveling in the eastern states the" were ashamed to acknowledge the state from which they came.
"Mr. John R. Hamlin, who held the offices of clerk of the county commissioners court, recorder and postmaster and out of the whole of them managed to make only about enough to pay his board-cheap as boarding was-at the June term of the county commissioners court of this year. was granted the privilege of advancing twelve dol- lars to purchase a book for records, with the prom- ise that it should be paid out of the first money received into the treasury. Mr. Hamlin, always a gentleman of genial, kindly temper, a universal favorite. subsequently became a wealthy merchant of Chicago, and still later removed again to this county, where he became an extensive landowner, but it is reported that about this time he was ae- customed to travel through the county to collect deeds for record and urge upon those who had deeds the necessity of having them placed upon record, and it is said that for convenience and economy he often went barefooted. But current rumors are not always true. Certain that all of
. .
75
75
George F. Wilson ... 15
5
. .
*150
. .
13
Clark Wright
110
...
...
these offices at that time were not enough to give ore man a living. A dozen years later the record- er's office alone constantly employed four or five men and was reported to be worth eight thousand dollars a year to the fortunate holder. Such facts, better than any array of figures, give an idea of the remarkable growth and increase in the popula- tion and business of the county. The elections at this period in the history of the county were gener- ally held at the residence of some citizen centrally located in the precinct and right glad was he after a year or two of experience of the annoyance and trouble of such gatherings to procure the removal of the place of election to some other location. The place of election in Orange precinct was at this term changed from the residence of W. A. Fair- banks to Calvin Colton's spacious and comfortable l:otel, and in Franklin precinct it was changed from the mill of Henry Hicks to the residence of Theophilus Watkins. Martin M. Mack was re- elected county commissioner at the August election of this year, and D. W. Lamb was made county surveyor, an office which he held with occasiona! intervals during the next twenty-two years.
"The chief matters of record of the county com- missioners court still continued to be the location ef the new roads, but about this time their breadth, which had hitherto been only fifty feet, was en- larged to sixty-six, and in some cases to eightr feet. The Oregon state road was laid out one hundred feet in width. The circuit court this year held but one session and that in September. It was presided over by John D. Caton, one of the justices of the supreme court. S. B. Farwell was state's attorney, J. C. Kellogg, elerk, and Morris Walrod, sheriff. Among the leading practitioners at its bar were T. Lyle Dickey, E. L. Mayo, B. F. Fridley, W. D. Barry, N. II. Peters, W. R. Croth- ers and A. J. Brown."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.