USA > Illinois > Warren County > Portrait and biographical album of Warren County, Illinois : containing full page portraits and biographical sketches of prominent and representative citizens of the county > Part 77
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At the trial Smith had many of his Mormon friends with him and was backed by plenty of money which was used very freely. He had secured thé best legal talent in the State to defend him, such men as O. H. Browning, Walker, Archibald, Little and Williams ; for the State was B. Knowlton, Pros- ecuting Attorney, Abraham Lincoln and John H. Mitchell. Lincoln, however, was not present at the trial. The Court House was packed to its utmost capacity. Able aguments were made on both sides and the excitement became intense. When the case was submitted, the Court granted the motion and quashed the writ, on the ground that the writ, hav- ing been once returned before its execution, was functus officio. Thus ended one of the notable cases before Warren County Court.
In 1843, Gov. Carlin issued another writ against Joe Smith, under which he was arrested again, but discharged by his own municipal court at Nauvoo, under a writ of habeas corpus.
The Common Council at Nauvoo, of which Smith was the presiding inember, had passed an ordinance empowering the municipal court of that town with jurisdiction in all cases of arrests made in that city, by any process whatever, notwithstanding the charter granted to the municipal court gave jurisdiction only in cases of arrests for breach of some ordinance.
John Baxter.
NE of the most exciting murder trials in this county was that of John Baxter, as acces- sory before the fact of the murder of Col. George Davenport, July 4, 1845. Young Bax- ter had been almost raised in the family of Davenport, and had been always treated with great kindness and was regarded as one of the fam- ily. Col. Davenport, who was Indian Agent, had received a large amount of silver from the Govern- ment, a part of which was for the Indians, and the gang of robbers called the " Banditti of the Prairies" were anxious to get hold of it. Baxter, being aware of the reception of this silver, furnished information,
it was claimed, about this money, and it was for this that Baxter was indicted and tried.
The case was brought to Warren County under a change of venue, for trial at the June term of 1846. Baxter had been tried for this crime at Rock Island and was sentenced to be hung. A stay of execution had been granted and finally a new trial with a change of venue. Judge N. H. Purple was then the presiding Justice, land William Elliott, the State's Attorney. He was assisted in the case by Joseph Knox, an able lawyer. Messrs. Wells, Wilkenson, Manning, Davidson and Ralston were for the de- fense. The case was continued until the November term. The jail of Warren County not being a very safe place for the confinement of prisoners, Baxter was committed by order of the Court to the jail of Adams County, and to the custody of the Sheriff of that county for safe keeping. He was tried at the November term, 1846. Some of the ablest jurists in the State were in this case, especially in the defense, and every point was contested with marked ability ... After the arguments were closed, the Judge charged the jury. His charge was able, clear, emphatic and impressive, causing many persons in the court-room to shed tears ; even His Honor himself was seen to weep.
The jury retired with the case late Saturday night. On Sunday morning they sent word that they had arrived at a decision. The Judge came in and the jury was brought into Court, when they rendered a verdict of " guilty." On being polled, one of the jurors stated he did not believe the prisoner guilty as charged under the indictment. They were di-, rected by the Court to again retire. In a short time they again came into Court and rendered the follow- ing verdict : " We the jury find the defendant guilty in manner and form as charged in the indictment." A motion was made for a new trial and arrest of judgment, which was overruled. The Court then pronounced the sentence, which was that the pris- oner be hanged on Wednesday, Dec. 9, 1846.
The case was taken to the Supreme Court and came back in due course, with the sentence of the lower court affirmed, together with the instructions that the sentence be pronounced on any day but Sunday, and that the prisoner be executed as a mur- derer. Pending the delivery of the second sentence, he Legislature had passed an Act for Baxter's indi-
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vidual benefit, commuting the sentence to life im- prisonment or making optional with the defendant, the choice between imprisonment and hanging. This Act also made it obligatory on the Judge to request in open Court the prisoner's wishes in the matter; thus was presented in Court the anomly of a prisoner be- coming the Judge in his own case. This was virtu- ally introducing an ex-post-facto law, or making an act punishable in a manner which was not provided for at the time it was committed. The case was brought into Court, May 5, 1847, and the Court- room was packed to its utmost. The prisoner for the third time was called to the Bar, to receive the sentence of death. The Act of the Legislature was read to him and then the Judge pronounced the sen- tence of death, fixing the day of the execution, May 28th. He explained to the prisoner that although the law required him to pronounce the sentence of death for the crime of which he had been found guilty, yet he was not to be executed unless he pre- ferred execution to a life in the State Penitentiary. The prisoner was then asked in open court, which mode of punishment he would prefer, the Legislative provision or the decision of the Supreme Court. He eagerly replied, that he would prefer the Legislative provision.
As the sentence of the Judge is rather a remark- able document and may be of interest to the new generation of people in Warren County, it is given in full. The sentence is as follows :
" John Baxter, a jury of the country has found you guilty of murder, the highest and most aggravated offense known to the laws, and in your case ingrati- tude, and the ties of friendship severed and confi- dence betrayed, have tinged your guilt with a deeper and darker strain. The murdered man had been your friend and patron. You had once been an in- mate of his family, and but a short period of time before his melancholy and tragical end, you had en- joyed the hospitality of his house, and under the pre- tence of the partiality of a friend had wound and wound yourself into his confidence and affection. The time also which was selected for the commission of your purpose marks its commission with more than ordinary turpitude. You had no cause of hatred, or even complaint against the deceased. Money ap- peared to have been your only incentive. No sud- den impulse, no injury inflicted at the moment, no in- ward, long concealed and pent up malignity of heart arising from wrongs and injustice inflicted and often repeated, impels you to the commission of the crime. But without any apparent motive other than that of
gain, on the fourth day of July-a day hallowed and sacred to National devotion and. festivity-while a race of freemen rejoicing and rendering thanks to heaven for the blessings of free Government, and the fancied security of their property and persons under the benign and salutary influences of just laws and equal rights, you and your confederates in crime, in- vaded the sanctuary of home, and coolly, relentlessly, slaughtered an aged and venerable man, without one emotion of compunction or remorse.
A just and righteous retribution for blood thus shed demands the life of the offender. Not alone by way of punishment for the offense or expiation of the crime, but also as a salutary example to those who may come after.
Remember then, that although the law demands your death, that death is no atonement for your crime ; nor does it subtract one tithe from the over- whelming amount of moral guilt which rests upon- your soul. When the penalties of the law shall have consigned you to a premature and untimely death, there is a higher power to which you must answer for this act as well as for the conduct of your whole life. Let then the short space of time allotted to you here be spent in deep contrition and repentance. Prepare yourself to die! Your time of life is short and much remains to be accomplished. Expect not, hope not, for the interference of the Executive in your behalf, or that chance or accident may aid you to escape from your impending doom. Such hopes and expectations will be idle and visionary, and will only tend to retard the work of repentance. and re- form which is so indispensable to your future and eternal state of being.
Your life is forfeited to the laws of your country, and you must die a disgraceful and ignominious death. It was not in the power of an impartial jury, or of able or zealous counsel who have stood up most manfully in your defense; it is not in the power of the court to avert the sentence of the law and save you from your impending fate. To Heaven alone, you must address your prayers for mercy and forgiveness. As you must die, die penitent and like a Christian, and though the forgiveness of the world cannot restore you to life and the endearments of society and friends, yet the tears of sympathy will sometimes be shed over your early and ignoble doom ; and those who have known you here inay not wholly curse your memory.
Black and unmitigated as your crime may be, how- ever much you may have scoffed and derided the laws of God and man, you may, if sincerely penitent and humble, still hope for pardon and salvation through the redeeming power and stainless purity of the Redeemer's. blood.
To that Beneficent Power and Mercy, with the deepest emotions of pity and compassion, I com- mend you and your eternal destiny. The sentence of the law and the sentence of the court is, that you
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should be taken from this place to the jail of the County of Warren, and from thence to the place of execution ; and that on Wednesday, the 9th day of December, next, (1847), between the hours of r and 4 o'clock p. m. of said day, you be hanged by the neck until you be dead, and may God Almighty have mercy on your soul."
As the act of the Legislature above referred to stands out alone and almost unprecedented in the annals of Legislation, it is made a part of this his- tory, and is as follows : Whereas, John Baxter, late of the county of Rock Island, was convicted of the murder of George Davenport, at the November term of the Circuit Court of Warren County, 1846, and is now confined in the jail of said county of Warren, to await the sentence of death to be pronounced upon him at the next term of Circuit Court of said county: Section 1, Be it enacted by the people of the State of Illinois, represented in the general assembly, That the punishment of John Baxter be, and the same is hereby commuted from that of death to imprison- ment in the Illinois Penitentiary during the term of his natural life, and the Sheriff or other officer, after the sentence of death shall be pronounced against said Baxter, instead of executing said sentence of death, shall, within 20 days after such sentence, re- move said Baxter to the Penitentiary at Alton, and the Warden or keeper of said Penitentiary shall re- ceive said Baxter, and detain him in his custody, and subject him to the same rules and regulations as other convicts are, who are sentenced to said Pen- itentiary for life.
Section 2. The Secretary of State shall furnish a certified copy of this act to the Sheriff of Warren County or other proper legal officer, upon whom de- volves the duty by law of executing said sentence upon said Baxter, and also shall furnish a certified copy of the act to the Warden or keeper of said Pen- itentiary ; Provided, this act shall not be enforced unless said Baxter shall at the time his sentence is pronounced, consent or agree in open court, to the provisions of this act.
John Baxter remained in prison for many years ; becoming so weak and emaciated that his longer con- finement in the penitentiary would be certain death, he was pardoned out by the Governor and died a short time afterward, in the Northern part of the State.
Joseph Knox, the prosecuting attorney, admitted to Col. Davidson, of the defense, some years after the trial, that he believed the State had hung two in- nocent men, and sent to the penitentiary a third. He said he believed that Fox and Birch were the guilty parties in the murder of Col. Davenport, and that the Longs were innocent.
Brockner and McMahill.
A NOTHER exciting murder trial was held in Monmouth just before the war. In this case Ferdinand Brockner and Pickney H. Mc- Mahill, were indicted and brought to trial for the murder of Thomas Traylor, at his home in Greenbush Township. Mr. Traylor was sitting in his house reading one evening, when a shot was fired through the window, inflicting upon him a mortal wound. The persons mentioned above, being sus- pected, were arrested, indicted and finally brought to trial. The prosecuting attorney was James A. Mc- Kenzie, and they were defended by that distinguished criminal lawyer, the late W. W. O'Brien, and one of Monmouth's not less distinguished attorneys, Col. J. W. Davidson. The prisoners were acquitted.
In early days there was a good deal of land litiga- tion in Monmouth, and some of the ablest lawyers in the state were before the Monmouth bar ; and on this bench some of the ablest judges of the state have presided, men who have been distinguished in polit- ical life and in the halls of the Legislature ..
This County was first in the Fifth Judicial District, then in the Tenth and the Eighth, and under reorgan- ization it was again placed in the Tenth.
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Probate Court.
HE Probate Court was established in 1837, which provides for a Probate Justice of the Peace, who shall have charge of all Pro- bate matters, and be also vested with the same power and jurisdiction in civil cases as were given to Justices of the Peace. W. F. Smith was the first Probate Justice. This law remained in force until 1849, when a County Court was estab- lished.
County Court.
N 1849 the General Assembly, under the constitution of 1848, passed an act approved Feb. 12th, providing for a Court of Record to be styled the County Court, and to be pre- sided over by a County Judge. Under this act the County Court was vested with all the powers and jurisdiction heretofore resting in the Pro-
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bate Court. In addition thereto it was further pro- vided that the County Judge, with two Justices of the Peace, to be known as Associate Justices, 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 session of this Court was held Dec. 3, 1849, with Judge Ivory Quinby presiding.
This Court had charge of County matters until the township-organization system was adopted, and the power was vested in the Board of Supervisors, which was permanently done in 1854. In 1872 the General Assembly passed an act giving it concurrent jurisdiction with the Circuit Court in all civil cases where the value of property in controversy should not exceed $500, and in criminal cases, where the punishment was not imprisonment in the peniten- tiary or death. The names of the officers of the Courts will be found in the list of County officials.
Judges and Members of the Bar.
N this connection only a brief history of the Judges that have presided at Monmouth can be given. Hon. Richard M. Young, who presided at Galena, was the first Judge to preside in the Circuit who had jurisdiction here from the organization of the County un- til 1837, when he resigned to take his seat in the United States ·Senate, to which place he had been elected. Judge Young was born in Kentucky, and was among the first settlers in Northern Illinois. He was of unimpeachable character, a good jurist and did much to give tone and dignity to the Bench and Bar in the Circuit over which he presided.
He was of a social nature; gentle, courteous, en- tertaining, and refined in his manner. Though in the Senate during its palmiest days, when the most noted men of the country were members, yet he dis- tinguished himself for his ability, and was brought into general notice. After serving out his term in the United States Senate, he was appointed by Presi- dent Polk, Commissioner of the General Land Of- fice. He has been dead many years. ·
Hon. James H. Ralston succeeded Judge Young, filling out an unexpired term. Mr. Ralston was orig-
inally from Kentucky. . His health being poor, he resigned after remaining on the bench about a year. In 1840, he was elected to the State Senate. In 1846, President Polk appointed him Assistant Quartermas- ter of the United States Army, and he was ordered to report for duty to the Commander of the Illinois Volunteers, then en route for Mexico. He served in this capacity until the close of the Mexican war. After the Mexican war, he emigrated to California, where he died.
Hon. Peter Lott, formerly of New York, was the next to serve on this bench. Mr. Lott, before his promotion to the Bench, had practiced at this Bar. He was only a fair lawyer, but quite a politician, and after leaving the Bench was appointed Circuit Clerk of Adams County. In 1852, he went to California, having been appointed by President Pierce, Super- intendent of the United States Mint at San Fran- cisco. He was removed by President Buchanan, and subsequently went to Kansas, where he died.
Hon. Stephen A. Douglas served in this Circuit, from 1841 to 1843. The life and career of this dis- tinguished American is too well known to need an extensive notice here. He resigned to take his seat in the United States Congress, from the Fifth Con- gressional District.
Judge Douglas' familiarity with cases and author- ities, the readiness with which he dispatched busi- ness, his acute and judicial mind, were the astonish- ment of all. There had been cases on the docket for years, and it was loaded down with unfinished business, but Judge Douglas cleaned out the docket and when he left the Bench there were only new cases for his successor. The ability which 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, kept track of all the proceedings, while at the same time he would leave the Bench, go back among the spectators-"the boys," as he would call them-and talk familiarly with Tom, Dick or Bill, take or give a cigar, enjoy a social smoke with them, and often sitting on their lap, while at the same time he would closely follow the case on trial.
Stephen A. Douglas served in the House of Rep- resentatives, until 1847, when he was elected to the United States Senate. In 1860, he was nominated
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by a faction of the Democratic party for the Presi- dency. Upon the election of President Lincoln and the breaking out of the Rebellion, he, true to his country, visited President Lincoln before leaving Washington for the camps of Illinois, and gave him his heartiest support.
Arriving at Springfield, he was publicly received by Gov. Yates, to whom he gave the same assurance of his entire co-operation in putting down the Re- bellion. Springfield and the camps were full of volunteers for the war. He was asked by the Leg- islature and the leading citizens to give a public address. Here he made one of the greatest and most noted speeches of his life, denouncing the se- cession movement as a wide-spread conspiracy to overthrow the best Government that the sun ever shone on. The next day he rode through the camp with his beautiful and accomplished wife, making short speeches to the soldiers. His action at this particular time was a great service to the Union. It was heralded throughout the country that "Douglas sustains Lincoln." From Springfield he hastened to Chicago, where he delivered in the "Wigwam" his great and last speech, pleading, even at the threshold of death, for the cause of the Republic.
His exhaustive labors, together with the severe cold already contracted, were too much for his over- taxed constitution, and after the speech, he returned to the Tremont House and laid down to rise no more in this life.
Hon. Jesse B. Thomas was the next on the Bench following the lamented Douglas. He had a very difficult position to fill. He had, however, a judicial mind, and made an excellent Judge, discharging the duties of the office with credit to himself and satis- faction to the people. He was subsequently appointed to another district, and soon after he died.
Hon. Norman H. Purple served from 1845 to 1849, when he resigned. He was distinguished for his legal attainments and executive ability, and retired shedding lustre over the ermine. He was a good criminal lawyer and a fine advocate, and had the reputation of being one of the best attorneys at this Bar; with this he had also the reputation of being a great wag. He died at Peoria years ago.
Hon. William A. Minchall, formerly from Tennes- see, and at this time from Rushville, succeeded Mr. Purple, serving from 1849 to 1851. He had been
prominent in politics before he was elected to the Bench.
He was a good lawyer and an excellent Judge. His specialty as a lawyer was on the trial of land cases. He was trying an important case at one time, when Judge Purple was presiding, and was making a long and exhaustive argument for his client. Finally, the Judge asked him which side of the case he was on, anyway. Minchall stopped and looked around for some moments, and then turning to the Clerk, said, "Mr. Clerk, will you please tell me which side of the case I am on?" He has been dead some years.
Hon. William Kellogg, from Canton, served after Minchall. He was a good lawyer and had an ex- tensive practice before his elevation to the Bench. As a Judge he gave general satisfaction. He has been dead some years.
Hon. H. M. Weed, presided from 1852 to 1855. He was a fair lawyer, but did not achieve much of a reputation as a Judge. He died in Peoria many years ago.
Hon. John S. Thompson, from Mercer County, served five years from 1855 to 1860. He was not brilliant, but a careful Judge, and gave general sat- isfaction. After leaving the Bench, he went to Cali- fornia, where he accumulated a large fortune. He is now living in Southern California.
Hon. Aaron Tyler, of Knoxville, was the next Judge to preside, only one year. He was only a medium lawyer, but a conscientious man. He died at Knoxville.
Hon. Charles B. Lawrence, was the presiding Judge here, from 1861 to 1864. As a lawyer he was good in all branches of the profession except crim- inal, and was an ornament to the Bench. He was one of the ablest jurists that ever presided in this Circuit. From the Circuit he was promoted to the Supreme Court of the State, where he remained several years adding new laurels to his judicial fame. His health giving away, he made a trip 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 the Galesburg Cemetery.
Hon. John J. Glenn was elected, in 1877, and is still presiding. He had, distinguished himself as a
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lawyer and advocate before his promotion to the Bench. He is a man of fine executive ability, very quick and clear in nis solution of law points, sound in liis judicial decisions, and irreproachable in char- acter. He is distinguished also for the large amount of judicial business which he dispatches during his term of court. During his long incumbency he has added new lustre to the Monmouth Bench. (See Biography).
Hon. Arthur A. Smith. In the fall of 1867, Arthur A. Smith assumed the ermine, and is still one of the Judges of this Circuit, residing at Galesburg. He is a good sound lawyer, a man of strict integrity, and during his long service has reflected credit upon the legal profession.
Hon. George W. Pleasants was elected to this Circuit in 1879, but seldom presides at Monmouth. He is well read in his profession, a man of fine ability, and is a good presiding officer, and conscien- tious in the discharge of his judicial duties.
In 1877, this Circuit was changed from the Eighth to the Tenth, the Eighth Circuit comprising Knox, Warren and Henderson Counties was consolidated with the Circuit North, consisting of the counties of Mercer, Henry and Rock Island, and is now called the Tenth Judicial District. There are three Judges elected represented at present, as follows : Arthur A. Smith, of Galesburg; John J. Glenn, of Mon- mouth ; and George W. Pleasants, of Rock Island. These Judges arrange their work usually so as to en- able them to preside in their respective counties.
State's Attorneys.
ON. THOMAS FORD, was the first gen- tleman to hold this position for this county, and was in this office when the Indians were brought up for trial. He was a man of - considerable learning, of noble manhood, strict integrity, a good lawyer, and very prepossessing. As a Prosecuting Attorney, he was thorough, forci- ble, and very successful. He served until 1835, when he was elected Judge four terms by the Legis- lature, twice a Circuit Judge, once a Judge in Chi- cago, and an Associated Justice of the Supreme Court. He was assigned to the Ninth Judicial Dis-
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