Portrait and biographical album of Knox county, Illinois, Part 122

Author: Biographical Publishing Company, Buffalo and Chicago; Chapman Brothers, pub
Publication date: 1886
Publisher: Chicago : Biographical publishing company
Number of Pages: 1130

USA > Illinois > Knox County > Portrait and biographical album of Knox county, Illinois > Part 122

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The Board of Supervisors for Knox County has generally been composed of men of broad, expansive ideas, progressive, and partaking largely of that character of human kindness so commendable.

It was but a few years after their first assembling when they took measures to provide a suitable place for the poor and demented people of the county. The main building and the west wing were com- pleted in 1866, and in 1877 the east wing was fin- ished.

When the Rebellion broke out the Board of Super- 3 visors were unflinching in their patrotism and untir- ing in their zeal to do all in their power for the preservation of the Union. To them in a great measure was the State indebted for the ever prompt response of the people of Knox County to the call for soldiers.

In the early part of 1874 the Supervisors con- tracted for the erection of a new jail, which was completed in the fall of the same year.

One of the most important acts of the Board of Supervisors was the order for the erection of the new court-house, which was made in April, 1884. The action of the Board was almost unanimous in this matter. Plans were adopted and contracts were let soon after. As this may justly be regarded as the crowning act in the administration of the Board of Supervisors, this brief sketch will close with the names of the members under whose direction the building was commenced, and who were a committee on con- struction : R. H. Mathews, Milton B. Harden, J. S. Latimer, James Paden, W. S. Gale, Geo. W. Foote, S. H. Olson, M. D. Cooke, Thos. McKee, Samuel Rankin, W. May, L. A. Townsend, Luther Clark, A. G. Charles, H. Montgomery, William Robson, J. M. Allen, Jason Boynton, James Reb- stock, E. J. Wyman, W. H. Leighton, J. W. Andrews, John Sloan, W. H. Parker, C. P. Sansbury, Sr., W. B. Todd.

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Legal

History.

HERE is no profession that occupies so important a po- sition in our political or so- cial system as the legal. It is associated with the closest of. family ties, and is often solicited to adjust disputes and misunderstandings which are in their nature most vital to the peace and happiness of domestic life. To this profession are we also in- debted for our constitutions and our laws, and, in a great measure, the management and direction of our political system. On it must we depend for the enforcement of our laws, the punishment of its violators, and the maintenance of peace and good order in our communities. The judicial system of Knox County, as at present constituted, may be di- vided into the Justices' Courts, County Court and the Circuit Court. Philip Hash was the first Justice of the Peace of the county.

Circuit Court.

HE first term of the first Circuit Court held in Knox County was opened Friday, Oct. 1, 1830, at the residence of John B. Gum, in Henderson Township, section 32. Officers present : Richard M. Young, Judge; John G. Sanburn, Clerk; Stephen Osborn, Sheriff ; James M. Strode, Attorney pro tem.

The first order was for spreading on the records

previous orders for the organization of the county. The next order of Judge Young was one appointing John G. Sanburn Clerk of the Circuit Court, made June 10, 1830. On July 5, he made an order fixing the days for the holding of the court, which was in such places as may be selected and provided by the County Commissioners' Court, on the Thursday after the fourth Monday in June, and the Friday after the first Monday in October.

FIRST GRAND JURY.

The Sheriff returned into court a panel of the Grand Jurors, consisting of the following named persons, to wit :

Wm. McMurtry, Hiram Palmer, Parnach Owen, Benj. Coy, James Reynolds, John B. Gum, Wm. Lewis, John Vaughn, Chas. Hansford, James Mc- Murtry, Alex. Robertson, Daniel Robertson, Robert Grunwell, Solomon Denbow, Alex. Oshorn and Jacob Gum. The jury, after having been sworn, retired to their room. The jury soon returned into court, made a report in relation to the jail, which was ordered to be filed. They also stated to the Court that there were no cases for them to examine and asked to be discharged, which was done by the Court.

The Petit Jurors were called and answered to their names. There being no cases before the court for them to try, they were ordered to be discharged.

On the second day, it appearing that there was no other business before the court but to order that the County Commissioners' Court pay Stephen Os- born, Sheriff of Knox County, for two days' service of the court, and then it was ordered that the court adjourn " until court in course."

The next term, June, 1832, was more remarkable

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than the first. They had a Grand Jury, but it was at sea ; it had no business before it and knew of no violations of law, and asked that they be discharged, which was done. There being no cases on the docket, either criminal or civil, the court adjourned.

The first case heard before the court was a suit for divorce by Rhoda Tanner, complainant, against John Tanner, at the October term, 1832. This case was continued for the defendant's answer this term, and was finally disposed of at the September term, 1834, by granting the prayer of the complainant.

The first murder trial was that of John Root, a Swede, from Henry County. He had been educated as an American, but became attached to a young Swedish girl who had recently came over from Sweden, and who belonged to the Bishop Hill colony. A man by the name of Eric Jansen was the auto- crat of this colony and refused to allow Mrs. Root to leave it to live with her husband among the Americans.

Mr. Root brought suit against Jansen at Cam- bridge, and while the case was pending, shot and killed him in the court-room, while the people were mostly out at dinner. Root was indicted for murder and was brought to Knoxville for trial, where he was convicted of manslaughter and sentenced by the court to the penitentiary. He served about a year and was pardoned.

Ephraim J. Young was tried for murder at the Oc- tober term of 1857, and was sentenced for man- slaughter for a term of six months.

The most important murder trial was that of John M. Osborne for the murder of Mrs. Adelia M. Math- ews, about a mile west of Yates City, Aug. 5, 1872. He was a short time in the army, and subsequent- ly became a member of the "Western Bandits." He was sent, for crimes committed while with this band of outlaws, to the penitentiary of Iowa for two and a half years. After his release he came to Mc- Donough County under the name of Frank Clark, and worked awhile. From there he came to Gales- burg and remained awhile. In 1871 he went to live with his aunt near Yates City, where he married his cousin. He then went to work for Mr. Mathews, the husband of the murdered woman. On the day of the murder he went to the house of Mr. Mathews, where he found Mrs. Mathews alone. As she was going down cellar for some butter for his dinner he followed, and while she was stooping over to take

some butter out of a tub, he struck her on the back of the head with a brickbat, then with a board, and finally cut her throat with a knife. He did not run away, but joined in the pursuit of the murderer. Suspicion was finally directed to Osborne; he was arrested, indicted at the October term of Court, 1872, and at the February term of 1873 was tried and convicted of murder in the first degree. After a most exciting trial of eight days, he was sentenced on February 20 to be hung. He was executed in the jail yard at Knoxville and was buried in Hope Cem- etery. State's Attorney J. J. Tunnicliff prosecuted the case, assisted by A. M. Craig. George W. Kretz- inger and A. L. Humphrey defended the prisoner. This was the first and only criminal executed in Knox County.

Following the above there were several trials for murder, none of which resulted in more than a peni- tentiary sentence. The most important of these was that of Frank Rande, who had several aliases, but whose real name was Charles C. Scott, who was from Fairfield, Iowa, and tried for what was known as the Gilson murder. It occurred Sunday afternoon, Aug. 5, 1877. A burglary had been committed, tracks discovered of the burglar, and pursuit was made by a number of armed people. He fired several shots. wounded Willie Helter, James Pickrel, Charles Mc- J Kown, and killed Charles Belden. He escaped, but was subsequently captured in St. Louis, Mo., after killing one of the officers in their attempt to arrest him. He was also wounded. He was brought back to Knox County, and after a long and exciting trial, in which State's Attorney J. J. Tunnicliff nobly ac- quitted himself, was found guilty and sentenced to the penitentiary for life.

Another noted murder trial was that of Belle Spaulding for the killing of Martin O'Connor, for- merly her husband. This was an affair of jealousy. O'Connor had been riding out with a woman by the name of May Robinson, and returned to the livery stable at the same time that Belle did, who had been driving with Carrie Reed. Belle reproached May for keeping company with O'Connor, and a furious combat of words ensued, during which O'Connor withdrew. Returning to the stable, Belle commenced on him, quarreling with him as they walked along Simmons street. They had proceeded but a little way when Belle drew a revolver and shot her for- mer husband twice, inflicting a mortal wound. He

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died within an hour. After shooting, Belle shot her- self, the ball entering her left breast. For several days she was hovering between life and death, but finally recovered sufficiently to be taken to the jail. She was the daughter of Dr. J. W. Spaulding, who was at one time one of the leading physicians of Galesburg. She was tried and acquitted.

The officials of the court and the members of the bar did not have in the early days the luxurious modes of travel nor the pleasant places of habita- tion that they now enjoy, neither was it possible to surround the court with that dignity which has al- ways been thought necessary, and which our modern civilization offers. Judge Richard M. Young and State's Attorney Thomas Ford were wont during the early times to travel about their extensive district together. On one occasion, while going from Galena to Knoxville, they wandered from the main trail and became lost. They traveled on, but failed to reach their destination or any other habitation. Night came on and they found themselves in darkness, and in a strange country without food or shelter. They made their bed upon Mother Earth in the wild forest, and passed the night. When daylight dawned they arose and started on their journey, but failed to reach the little log court-house in the new town of Knox- ville. At last they came to Mrs. Elizabeth Owen's cabin in Haw Creek Township, and from there were directed to Knoxville. The tavern at Knoxville was a double-room log cabin, in which there was also a store, both kept by Mr. Newman. There was a low garret, and into this place the two principal officers of the court were directed for their nightly repose. A ladder was placed in one corner, on which they as- cended, and after groping around for awhile laid themselves down on their rude couches for that sleep that comes to the high and the low. Judge Young was afterward a distinguished United States Senator, and Attorney Ford Governor of the State.

Probate Court.

HE Probate Court was established under a law passed in 1836, which provided for a Probate Justice of the Peace, who had charge of all probate matters, and who was also vested with the same power and jurisdic- tion in civil cases as was given to Justices of the Peace. The first term of this court was held

Aug. 26, 1836, with H. J. Runkle presiding. The first act of this court was to issue letters of admin- istration to Peter Godfrey, on the estate of Joseph Godfrey. Judge Runkle served until 1837, and was succeeded by R. L. Hannaman. This system re- mained in force until 1849, when a County Court was established.

County Court.

N 1849, the General Assembly, under the constitution of 1848, passed an act, which was approved February 12, providing for a court of record to be styled the County Court, and to be presided over by a County Judge. Un- der this act the County Court was vested with all the powers and jurisdiction heretofore vesting in the Probate Court ; and in addition thereto, it was further provided that the County Judge, with two associates, should sit as a County Court and have all the powers that were vested in the Commissioners' Court, the latter under this act being abolished.

The first term of this Court was held Dec. 3, 1849, Judge George C. Lanphere presiding. This court had charge of county matters until the organization of the Board of Supervisors, in 1853.

In 1872 the General Assembly passed an act giv- ing it concurrent jurisdiction with the Circuit Court in all civil cases, where the value of property in con- troversy should not exceed $500; and in all criminal cases, where the punishment was not imprisonment in the penitentiary or death.

Judges, State's Attorneys and Members of the Bar.

PACE will only permit a brief history of the Judges who have presided at Knoxville and Galesburg, and of the State's Attorneys and members of the bar. Hon. Richard M. Young, who resided at Galena, was the first Judge to preside in this circuit. In 1833 he transferred his residence to Quincy. He remained in office until January, 1837, when he resigned to take his place in the United States Senate. He was born in Kentucky, and was among the first settlers in Northern Illinois. He was of unimpeachable character, a good lawyer, and did much to give tone and dignity to the bench and the bar.

This circuit was changed to the roth, then to the

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8th, and back again to the 10th, embracing, as it is constituted at present, the counties of Knox, War- ren, Mercer, Henderson, Henry and Rock Island. Hon. James H. Ralston, also a native of Ken tucky, succeeded Judge Young. He resigned the same year on account of ill health. In 1840 he was elected to the State Senate. Hon. Peter Lott, formerly from New York, succeeded Judge Ralston, and served till January, 1841. He was afterward appointed Circuit Clerk of Adams County, and served until 1852. He went West and died in Kansas.

Hon. Stephen A. Douglas was elected as Judge of the District in 1841, and continued in office until the summer of 1843, when he resigned to take his seat in the United States Congress. The ability he showed as a judge and his popularity on the bench were accessories to his political elevation. His sociability also made him popular. While a suit was pending he watched every point of law, and kept track of all the proceedings, while at the same time he would leave the bench, go back among the spectators-" the boys "-talk with Tom, Dick or Bill, take or give a cigar, and enjoy a social smoke with them, oftentimes sitting on their laps, at the same time closely follow- ing the cause on trial.

Hon. J'esse B. Thomas succeeded Judge Douglas, and served until 1845, when he resigned. He had a clear, judicial mind, and made an excellent judge, discharging his duties with credit to himself and satisfaction to the people. He was subsequently ap- pointed to another circuit and died soon after.

Hon. Norman H. Purple was the next judge to preside over this circuit. He was elected in 1845, and served till 1849, when he resigned. He was dis- tinguished for his legal attainments and executive ability.

Hon. William A. Minshall, a native of Tennessee, was elected in May, 1849, and served till his death, in October, 1851. He had been prominent in poli- tics before his election, having been a member of the Legislature and also of the Constitutional Conven- tion. He was a good lawyer and an excellent judge. He has been dead these many years.

Hon. William Kellogg succeeded Judge Minshall, and remained on the bench till 1852. He was from Canton, and was an eminent lawyer and made a fair and impartial judge. He has been dead some years. Hon. H. M. Weed presided on the bench from

1852 to 1855. He was a fair lawyer, but did not achieve much distinction as a judge. He died in Peoria.

Hon. John S. Thompson, from Mercer County, served from 1855 to 1860, and again from 1860 to 1864. He was not brilliant, but was a careful judge and gave general satisfaction. He went to California, where he accumulated a fortune and is still living to enjoy it.

Hon. Aaron Tyler, from Knoxville, served from 1860 to 1861. He was only a medium lawyer, and achieved no special distinction as a judge. He was appointed to fill a vacancy. He died in Knoxville some years ago.

Hon. Charles B. Lawrence presided on the bench from 1861 to 1864. As a lawyer he was good in all branches of the profession, except in criminal cases. He presided with distinction, and was an ornament to the bench. He was one of the ablest judges that ever presided in this circuit. He was promoted to the bench of the Supreme Court of the State, where he remained several years, adding new laurels to his judicial fame. His health giving way, he made a visit to the South in 1884, with the hope that change of air and rest would restore his physical power and renew his vital energies. But it was too late. He died before he reached home, and his remains were brought back and interred in Mount Hope Ceme- tery, at Galesburg.

Joseph Sibley served from 1866 to 1867. He was a fair judge, discharging his duties faithfully.

This ( roth) Judicial District is represented at pres- ent by three judges : Arthur A. Smith of Galesburg, John J. Glenn of Monmouth and Geo. W. Pleas- ants of Rock Island. The judges divide their work between them, but generally arrange so that they sit in the courts of their respective counties. Arthur A. Smith assumed the ermine in the fall of 1867. He was reared in this county, where he secured his legal education. He is a a good, sound lawyer, and a man of strict integrity. John J. Glenn was elected in 1877. He had distinguished himself as a lawyer and advocate before he was promoted to the bench, and had a good practice. Judge Glenn is a man of fine - executive ability, very ready and clear in his solution of legal questions, sound in his judicial decisions, and irreproachable. He is noted, also, for the large amount of judicial business dispatched during his sessions of court.

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Geo. W. Pleasants was elected to this circuit in 1879, but seldom presides at Galesburg. He is well- read in his profession, of good executive ability, very correct in his decisions, and conscientious in the dis- charge of his duties.

In 1877 this circuit was changed from the 8th to the 10th. The 8th Circuit, comprising Knox, Warren and Henderson Counties, was consolidated with the Northern Circuit, consisting of Mercer, Henry and Rock Island Counties, and is now called the 10th Judicial District.

State's Attorneys.

B ELOW is given a brief notice of the State's Attorneys of the districts of which Knox County has formed a part. One of the most talented and distinguished of all the bright galaxy of men who have held this position in this District was the first, Hon. Thomas Ford, who served from the organization of the county to 1835. He possessed a high and noble mind and was an assiduous law student, untiring in his application to his professional duties, and of strict integrity. He was, subsequent to his retirement from this office, elected Judge of one of the north- ern districts. In 1842 he was elected Governor of Illinois. His term of office embraced the period of the Mormon and Mexican Wars, which was a very critical era in the history of the State. He discharged his trusts, however, with eminent ability. He was a man also of literary tastes and wrote one of the most authentic histories of the State ever published. He was born in Uniontown, Pa., in the year 1800, and died at Peoria, Ill., Nov. 2, 1850.

The successor of Mr. Ford was Wm. A. Richard- son, who served till 1837. Like his predecessor, his character and public services are too well known to require much comment. He had the perseverance and courage to carry out his convictions, and was conscientious in the discharge of his official duties. He was an able lawyer and a fine advocate.

Henry L. Bryant followed Mr. Richardson, serv-

ing from 1837 to 1839. He was a good lawyer and acquitted himself in this office creditably.

Wm. Elliott was the next incumbent. He served the long period of 11 years. He was an able law- yer, successful before a jury, and distinguished him- self as a prosecuting attorney. He was a warm- hearted, genial man and much attached to his friends.

R. S. Blackwell, from Rushville, succeeded Mr. Elliott. He was one of the most distinguished law- yers in the State, and had no superior at this bar. He was pre-eminent in criminal practice, and a great advocate, carrying most of the attorneys and jury with him. In social intercourse he was a desirable companion, possessing great wit and fine conversa- tional powers.

Harman G. Reynolds, from Rock Island, served as attorney from 1852 to 1854. He made a fair prose- cutor. After his term expired he moved to Spring- field, where he lived awhile, and then went to Kan- sas.

William C. Goudy, from Fulton County, succeed- ed Mr. Reynolds, serving in Knox County for about one year. Mr. Goudy was a genial man, a good lawyer and advocate, discharging his duties as Prose- cuting Attorney with ability and satisfaction to the public. He was a prominent politician, taking part in all the conventions of his party, which was Demo- cratic, and was a member of the State Senate at one time. He moved to Chicago and is still in practice there,

James H. Stewart was Mr. Goudy's successor. He was elected and re-elected, serving ten years, until 1865. Mr. Stewart was an able lawyer and a good prosecuting attorney.

James A. Mckenzie served from 1865 to 1872. He was a strong prosecutor, eloquent in his addresses before a jury, and very effective.

J. J. Tunnicliff succeeded Mr. Mckenzie in 1872, and is the present incumbent, having been three times re-elected. He was born in Penn Yan, N. Y., March 17, 1841, and was educated at Hamilton Col- lege, N. Y.

Mr. Tunnicliff is a good lawyer and an able advo- cate. He is one of the best prosecuting attorneys that has ever held the position in this district. He is indefatigable in the trial of a cause, careful in all the details, and forcible in his arguments before a jury. It is very seldom that a criminal brought be- fore him escapes punishment.

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Attorneys.

ULIUS MANNING was one of the most brilliant lawyers of the Knox County bar, and had in his day few equals in the State. He was born in Canada, but was educated at Middleburg College, N. Y. He came to Knoxville in 1839, and opened his office with Hiram Swift, under the firm name of Manning & Swift. The latter died at an early age. He was a well-read lawyer, but not brilliant. In 1844, Man- ning formed a partnership with Robt. L. Hannaman, under the name of Manning & Hannaman, which partnership continued for seven years.

In 1853 Mr. Manning moved to Peoria. He was at one time County Judge, member of the Legisla- ture, and member of the Constitutional Convention. He was a man of fine appearance, an eloquent speaker, and almost unrivaled before a jury. He died July 4, 1862, at Knoxville, and his remains were interred in Knoxville Cemetery.

Robt. L. Hannaman, one of the first men to open practice in Knox County, was born in Portsmouth, Ohio, in 1803. He received a common-school educa- tion, and then studied surveying. He subsequently studied law and was admitted to practice in 1831. When he first came to Knoxville he embarked in the mercantile business. In 1837 he was elected Pro- bate Justice and was re-elected, holding the position until 1849.

In 1844 he formed a partnership with Julius Man- ning, which was dissolved in 1851. Subsequently Mr. Hannaman formed a partnership with T. J. Hale, and afterward Clayton Hale came in, the firm being then Hannaman, Hale & Co. This firm con-

tinued until the war broke out, and the junior partner went into the army. The old firm was continued until Hale was elected Circuit Clerk. Judge Han- naman was a good lawyer, both as a counselor and an advocate, conscientious and successful. (See biography.)

Curtis K. Harvey was a very prominent and prom- ising young lawyer of Galesburg. He was born in Knoxville and educated at Knox College, where he was graduated. He was admitted to the bar in 1869, and subsequently formed a partnership with Leander Douglass, of Galesburg. He was a man of fine ability, talented, and an eloquent and forcible pleader. He died March 2, 1878, in the prime of life and just at the beginning of what promised to be useful and successful career.

Hon. G. C. Lanphere, recently deceased, was one of the reliable and prominent members of the bar for many years.

PRESENT MEMBERS OF THE BAR.

The present bar is composed of Robt. L. Hanna- man, J. J. Tunnicliff, James A. Mckenzie, George Tunnicliff, O. P. Cooley, George W. Thompson, George A. Lawrence, Edgar A. Bancroft, Zelotes Cooley, A. M. Brown, Albert J. Perry, W. C. Calk- ins, Arthur A. Smith, Jr., E. P. Williams, Fletcher. Corney, F. A. Willoughby, F. S. Murphy, Geo. W. Prince, Wm. B. Bradford, Chas. S. Harris, A. C. Mason, J. L. Hastings, J. B Boggs, R. C. Hunt, Eugene W. Welch, Josiah Gale, Wm. Andrews, F. F. Cook, T. L. McGirr, J. L. Wells, L. K. Byers, A. S. Curtis, E. H. West, P. H. Sanford, E. A. Corbin, W. H. Clark, S. H. Ritchey, Chas. H. Nelson, A. P. Richercau, T. J. Hale, H. N. Cately.

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Portrait and biographical album of Knox county, Illinois, Part 122

Author: Biographical Publishing Company, Buffalo and Chicago; Chapman Brothers, pub Publication date: 1886 Publisher: Chicago : Biographical publishing company Number of Pages: 1130

Author: Biographical Publishing Company, Buffalo and Chicago; Chapman Brothers, pub
Publication date: 1886
Publisher: Chicago : Biographical publishing company
Number of Pages: 1130