The History of Peoria County, Illinois. Containing a history of the Northwest-history of Illinois-history of the county, its early settlement, growth, development, resources, etc., etc., Part 50

Author: Johnson & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : Johnson & Company
Number of Pages: 932

USA > Illinois > Peoria County > The History of Peoria County, Illinois. Containing a history of the Northwest-history of Illinois-history of the county, its early settlement, growth, development, resources, etc., etc. > Part 50

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Hewitt was a farmer and cattle dealer who lived at Berwick, in Warren county, and on the Saturday he was assaulted he had drawn some $1,500 or 82,500 (the exact amount is not remembered) in Cherokee (Georgia) " wild cat " money from Curtis' bank, at the corner of Main and Water streets. This fact was known to Thomas Jordan, a notorious river thief of the times, whose alias was " Tom Tit." who imparted his knowledge to Brown and Williams, and planned to have them rob Hewitt of the money. They watched Hewitt's movements, saw him enter his buggy and start for home, and followed close in his rear. At the foot of the bluff, on Spring street, Hewitt got out of his buggy and started to walk up the bluff behind his carriage to lighten the loud for his horse. Brown and Williams quickened their pace, came up with him and demanded his money. On his refusal to "stand and deliver," they assaulted him with a brick-bat, striking him on

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the head, fracturing his skull, and rendering him unconscious. They barely had time to rifle his pockets when they were frightened away by some teamsters coming down the bluff, and ran over the bluff and reached and crossed the river between the site now oc- cupied by the pottery and the " Narrows." By some means, probably by the help of the teamsters, who may have imagined him intoxicated, Hewitt got up in his buggy, his horse started on and went out about ten miles, to Holmes's wayside tavern, where he was in the habit of stopping. There his condition was noticed and he was carried into the house. Medical aid was summoned, but the wounds were of such a nature that he died on the ninth day.

Brown and Williams had been seen running across the bluff and when it was known that Hewitt had been assaulted and robbed, suspicion pointed to them as the guilty parties, and they were traced across the river. Early on Sunday morning, Sheriff Riggs, George C. Bestor, Zenas Hotchkiss and others, crossed the river as a pursuing party, and in making inquiries among the farmers they learned that two young men answering the description of Brown and Williams had come into the neighborhood the evening previ- ous and hired a man to take them to Springfield. Bestor and Hotchkiss insisted on fol- lowing the trail, and urged as an argument that unless they did so the robbers would es- cape, for as soon as they reached Springfield, then the nearest railroad point, they would take the cars and thus elude capture. Riggs could not be persuaded to follow them, and all of the posse, except Bestor and Hotchkiss, came back to Peoria, while the two last named pushed on to Springfield. The wagon which Brown and Williams hired had a green box with white stripes, and was easily followed. They reached Springfield on Sun- day night, only a few hours behind the robbers, and found and captured them in bed. After their arrest their persons were examined and all of the stolen money but twenty- three dollars was found secreted in their neck-handkerchiefs - the old fashioned black silk kind. Brown and Williams were brought back in irons, and taken out to Holmes' tavern, where Hewitt still remained, for identification. Hewitt had recovered conscious- ness, and immediately identified them as his assailants. The money was also identified by Curtis, as the money he had paid to Hewitt the Saturday previous.

Brown and Williams were lodged in the old jail at the corner of North Fayette and Washington streets, now occupied in part as a dwelling by Eberhardt Godel. When Court came on in November (1850), they were indicted for murder, put upon trial, found guilty of murder in the first degree, and on the 27th day of that month were sentenced by Judge Kellogg to be hanged on Friday, the 20th day of December. In the mean- time " Tom Tit's " agency in the attempted robbery and murder, and his whereabouts had been discovered and a respite of thirty days was obtained to give the officers time to bring him back, that he might be identified by the condemned men as accessory to the murder.

A MOB.

The populace were greatly excited over the murder, and as the day first fixed for the execution drew near, the excitement increased. On the morning of that day men came to Peoria from all parts of the country, until there was a large crowd in the streets round and about the jail. When it became known that a respite had been granted, the excitement overleaped all bounds of respect for law and good order, and the frenzied mob demanded that the men should be hanged, and declared that if the sheriff did not hang them, the mob would. The leading men of Peoria tried to allay their excitement, ap- pealed to their better judgment, and urged them by every possible argument to disperse and go home, assuring them that the law should be enforced. Arguments and appeals to reason and obedience to law and good order were useless. The sheriff, James L. Riggs, naturally a timid man, had become frightened and kept concealed. His deputy, David D. Irons, was a man of more nerve, and with others that he called to his assistance,

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sought to bar the approach of the mob to the jail, but without effect. A part of the mob forced their way past Irons and his assistants and secured possession of Williams, who gave up without a struggle. Another part of the mob seized the scaffold, which had been erected in the jail yard, and bore it out to the center of the street. When it was seen that the mob was determined to take the men from the officers. Brown was told to defend himself as best he could, and right bravely did he respond. He secured one leg of a pair of trousers, into one end of which he fastened a brick-bat. The cell in which he was confined was small, and he so stationed himself as to be able to strike a head as soon as it appeared within the door, which had been forced. His aim was so unerring, and his weapon of defense so strong, that after two or three trials the attempt to drag him out was abandoned. One man from Fulton county received such a terrible blow that he died from the effects of it soon after.

Williams was carried out to the scaffold and placed under the beam. Then the courage of the mob oozed out, and not a man among them was brave enough to place the rope around his neck. After some parleying he was carried back to the jail to await a legal execution.

THE EXECUTION.

On the 19th day of January the sentence of the Court was legally carried into exe- cntion. and Thomas Brown and George Williams, in the prime of their young manhood, paid the penalty of death for the murder of a fellow man. The gallows from which they were hanged was erected on the open prairie at a spot now overlooked by the stately residence and handsome grounds of John Griswold. The execution was public and was witnessed by no less than ten thousand people. There were terraces of men and women all along the bluff in the vicinity of the scaffold, many of whom had come from long distances to witness a double death-leap from the scaffold to eternity. When the demand of the law was satisfied, their bodies were cut down and given to Dr. Cooper, physician and surgeon, for the benefit of science.

The executed men were poor and friendless, and when they were first called for trial, the Court appointed Halsey O. Merriman, Elihu N. Powell, and subsequently, Norman H. Purple, to defend them.

"TOM TIT. "

HIS ARREST, TRIAL AND CONVICTION.

As soon as the news of the assault upon Hewitt reached town, patrol and guards were thrown out in every direction and covering all the roads, with a view of preventing the escape of any one not well known to the citizens, but not soon enough to prevent the flight of Thomas Jordan, alias " Tom Tit, " who had planned and instigated the robbery and murder for which Brown and Williams were executed. He was missing from the streets and his usual haunts, and it was learned that a man answering his description hnd been seen going down the river. A search was instituted in that direction, but he cov- ered his tracks so well, that he was not overhauled. It was learned soon after, however, that he had gone to St. Louis, and from St. Louis he was traced to New Orleans.

At New Orleans, Jordan told his associates of the robbery and murder of Hewitt, and of the part he had taken in the affair, and in time the story reached the ears of the police. Anticipating that a reward would be offered for his apprehension, the Chief of the New Orleans police wrote to the Governor of Illinois, advising him of Jordan's presence in that city, and of his statement in relation to his complicity in the Hewitt murder. The Governor communicated with the authorities at Peoria, and the respite was obtained as already mentioned.

William M. Dodge was appointed an agent to go to New Orleans for Jordan, The

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first evening he arrived there, he met the Chief of Police at the St. Charles Hotel, not by appointment, but by accident, and his business was soon made known. Jordan was hunted up by the police, and arrested and put in the parish prison on a charge of vagrancy, and held there till the departure of an up river boat. While at New Orleans, Mr. Dodge learned that " Tom Tit " was a notorious wharf-rat or river thief, and he bore the name of a desperado, although he proved to be an arrant coward. He was held in prison until a boat was ready to cut loose, when he was ironed and hustled on board, with the assurance that he would be killed if he attempted to escape. The removal of "Tom Tit " from the prison to the boat was quietly conducted, so as to avoid an attempt- ed rescue by the gang of which he was a member. As quietly as the movements were conducted however, two of his associates got on the boat and followed Mr. Dodge and his prisoner to St. Louis, and at one time, in the night hours, a movement was made by one of the villains looking to a rescue, but Dodge " scented the game " and nipped it in the bud. From St. Louis the way was clear, but as they neared Peoria, and heard of the attempted mobbing of Williams and Brown, " Tom Tit " became terribly frightened, and had to be braced up with brandy. They arrived home the morning of the 19th day of January, the day Williams and Brown were executed, and reached jail by a back street. The streets were filled with people who had come to see the execution, and when the conveyance neared the jail, Dodge told "Tom Tit, " who was trembling like a leaf, to be ready and jump as soon as the wagon stopped at the front of the jail, and get within as quick as he could. The instructions were obeyed and Jordan stood in the presence of the young men he had brought to the scaffold. The identification was positive. "That's the man, " exclaimed Brown, as soon as Jordan appeared in his presence.

Tom Tit was held in jail to await the action of the grand jury. On Friday, the 7th day of March, 1851, he was indicted for murder. He was arraigned for plea on the 8th, plead not guilty, and was remanded to jail to await trial. On the 12th of May, Court being again in session, the grand jury returned another indictment against him, charging him with robbery. On the 14th of May, 1851, the indictment for murder was dismissed. On the 22d he was called to the bar of the Court to answer to the charge of robbery, to which he plead guilty, and was sentenced to the penitentiary at Alton for fourteen years, the first five to solitary confinement.

After his term of imprisonment but little was heard from "Tom Tit" for some years. At last he commenced to write to Mr. Dodge to interest him in securing his pardon. For some time Mr. Dodge gave no heed to the letters. At last, in 1863, " Tom Tit" wrote again, and assured Mr. Dodge that if his pardon was secured, he would enlist in the army. Dodge then wrote that, as he had done so much to bring him back for trial, he would do what he could to secure his enlargement, but that he could do as he pleased about joining the army. The pardon was secured, and " Tom Tit," after twelve years be- hind prison bars, was set at liberty. He kept his promise to enlist, and in 1863 Mr. Dodge received another (and the last) letter from him, saying he was in the army of the Potomac, and telling where a letter would reach him. Mr. Dodge answered that letter, but never received any reply, and it isinferred that he was killed in battle, or died from other causes, and that " Tom Tit " is no more.

THE MCNULTY EXECUTION -THE MURDER.

Henry MeNulty and his wife lived at Chillicothe. He was a man of intemperate habits, and, when under the influence of liquor, was of a quarrelsome disposition, and frequently abused and maltreated his wife, who was an industrious, prudent woman. His conduct toward her was so intolerable, that she was often forced to secure his incarcera- tion in jail that he might sober up, but would as often visit the authorities and secure his discharge. Sheriff Hitchcock and George Puterbaugh, State's Attorney, often can- tioned her that her life was in danger from McNulty, but with the faith of a woman who

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loves her husband, she gave but little heed to their warnings. In October, 1872, McNulty had been on a spree, and had been confined in jail on complaint of his wife. About the 18th of that month his wife came down to Peoria, secured his enlargement, and gave him money to carry him up home. When he was released from jail. Attorney George Puterbaugh warned him of the ultimate consequences of his reckless course, and tried to prevail upon him to lead a sober life in the future. The kind words were lost, however, for instead of going home with his wife, he remained in Peoria, and commenced drinking. Sometime on the evening of the 19th he found his way home. and that night his wife was killed. Suspicion pointed directly to McNulty. and on the 20th he was arrested and brought to Peoria and lodged in jail to await the action of the grand jury. On the 12th day of November that body returned an indictment against him charging him with the murder. On the 13th he was called to the bar of the court, and the indictment read, to which he plead not guilty. The case came on for trial on the 10th day of December, and on the 11th the case was given to the jury, who returned the following verdict :

" We, the jury, find the defendant, Henry McNulty, guilty, in the manner and form as charged in the indictment and we further find and determine that the punishment of the defendant shall be death by hanging."

The following named twelve men composed the jury that signed McNulty's death warrant: Charles A. Taylor, Thomas Lindsay, Asa Hicks, Henry Warden, Samuel Comegys, George T. Wasson, M. S. Beecher. John Minor, B. Randall, B. K. Herrington, Jacob F. Shafer and John P. Crup.

Up to this time McNulty was represented by A. M. Gibbons. After the verdict of the jury, O'Brien & Harmon appeared for the condemned man and presented several motions looking to a stay of sentence, etc., but the motions were all overruled, and the law allowed to take its course.

On the 13th day of December, 1872, McNulty was called the bar for sentence. When the usual forms had been observed, Judge Puterbaugh said :

" It is ordered and adjudged by the court, that the said Henry Mc.Nulty be taken from the bar of this court to the county jail of this county, there to be securely kept until Friday, the 3d day of January, 1873, and that on that day, between the hours of eleven o'clock in the morning and two o'clock in the afternoon, within the walls of the said jail, or within a yard or enclosure adjoining, the same be hanged by the neck until he is dead."

The execution of the sentence was quietly enforced. The gallows was erected in the corridor of the jail. Only a few persons, those recognized by law, were allowed to witness the terrible and awful spectacle of death by hanging. The instrument of death was carefully arranged. When the last moment of his time had come, the catch was sprung, and Henry MeNulty, who, when sober, was a respectable appearing man, was launched into eternity to meet his Maker and the spirit of his murdered wife.

[Pending the proceedings of the trial that brought Henry McNulty to a felon's death, Sabin D. Puterbaugh was judge; George Puterbaugh, State's attorney ; George A. Wilson, clerk ; and Frank Hitchcock, sheriff.]

In 1874 and the beginning of 1875, Dan. McCallister kept a low saloon and den of infamy on Water street, near the corner of Main. He came to Peoria almost, if not quite directly, from a term in the Joliet penitentiary, and at once entered upon a most disreputable career. He surrounded himself with a degraded class of men and women, and his den was the hiding place and rendezvous of every thief and outlaw that came this way. The " Tontine," by which name his saloon was known, soon fell under the surveillance of the local authorities, and although there were many hints of dark and damnable deeds of crime committed there, with his knowledge and connivance and with the knowledge and connivance of those he harbored, no tangible clue was ob- tained to any of them, and his place was permitted to remain a vice-breeding, festering sink of iniquity umtil the early part of 1875.

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On the evening of the 15th of April, 1875, the " Tontine " was visited by a man named Joseph Eads, his brother, and several other men, all of them, except the first named, being pretty well under the influence of liquor at the time of the visit. Joseph Eads, as was afterwards shown, was perfectly sober when he went there, and remained so during the entire evening. It was also shown that he had gone there more to per- suade his brother away from the company by which he was surrounded. than for any other purpose.

During the fore part of the evening the party joined in a dance in one of the upper rooms with the fallen women who were gathered there, and the orgies ran high. Along towards midnight the druuken debauch broke up in a row, and McCallister blew out the lights and forced the besotted crowd out of the house and closed the door. In the melee McCallister received a slight cut with a knife or some other sharp instrument on the back of his shoulder or side. The wound was slight, but sufficient to arouse the fury of his demon nature. already heated with whisky, and he followed out into the street. Joseph Eads was standing a little way up Main street, separate from every one. and giving no heed to any thing around him. As soon as McCallister saw him he rushed towards him exclaiming in bitter language, "yon are the man that cut me," and at the same time drew his revolver and shot Eads to death.

McCallister was arrested by the police the same night and taken to the police station. The form of a preliminary examination was gone through with before Justice Cunning- ham, and McCallister was committed to jail on the 16th to await the action of the grand jury. Court came on in May, Judge Cochran presiding, and on the 18th day of that month an indictment was returned against McCallister, charging him with the murder of Joseph Eads. He was called to the bar of the court and the indictment read to him, to which he entered the plea of not guilty. and was remanded for trial.

The character of McCallister and his place was so disreputable as to be a bar against any degree of public sympathy in his favor, a fact well known to him and his counsel. and he refused to go to trial in Peoria county, and asked for and obtained a change of venue.

The case was sent to Mason county. Havana. the seat of justice. and the trial came on there at the February term of the Circuit Court, 1876. The State's attorney was as- sisted in the prosecution by N. E. Worthington, of Peoria, and S. P. Shope, of Lewis- ton. who were employed and paid by an appropriation made for that purpose, by the Board of Supervisors. The defense was conducted by Messrs. Thomas Cratty and L. W. James, of Peoria. and W. W. O'Brien. of Chicago. The counsel for the people and for the defendant were pretty evenly matched. and the contest was measured almost word by word. McCallister's life was at stake, but with a liberal use of his ill-gotten money and the ingenuity of the best legal talent in the State, he hoped to baffle the ends of justice and gain a new lease of life. The people of Peoria were equally de- termined that he should be prosecuted to the utmost extent of the law. and were not sparing of money or the employment of counsel to ensure a thorough prosecution. The trial, because of the notoriously bad character of MeCallister. and the eminent and well- known ability of the attorneys engaged. attracted general attention, and lasted several days. At last, however, the evidence was concluded. arguments ended. and the case given to the jury, who found McCallister guilty of murder and he was sentenced to the penitentiary for the remainder of his natural life.

Thus was removed from the city of Peoria and from society elsewhere, one of the most dangerous characters known in the history of the county - not alone because he was a murderer, but because of his naturally depraved disposition, and his ability to plan and execute. through those by whom he was surrounded, the darkest and most infamous crimes known to men. He reveled in dissipation, debauchery. corruption. dishonesty and prostitution. Inside of his house the life of no one was safe. Outside, no one would

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take him for the desperado that he was. His presence among young men, whose habits were maturing, was like the poison of a upas tree. Even among older and better ma- tured minds, his presence was not without evil influences. And it is to be hoped no community will ever sanction and that no Governor will ever prostitute the pardoning power to his enlargement. He is a fit companion to Rande. Together let them be for- ever immured within prison walls where they will be powerless for evil to the moral and physical well-being of their fellow-men.

CRIMINAL STATISTICS - CONVICTIONS.

The following bulletin of criminal statistics is compiled from the Sheriff's record, and shows the number of convictions for the crimes enumerated, from March 17, 1869, to December 31, 1879.

To the Penitentiary-Larceny, 120; burglary, 39; rape, 4; false pretenses, 2; murder, 1; robbery. 15; confidence games," 1; forgery, 5 ; bigamy, 4; incest 1 ; assault with intent to kill, 14; perjury. 1; horse stealing, 5; libel, 1-total in ten years, 213.

In the same period of time, 378 persons have been confined in the county jail. These imprisonments represent all grades of petty crimes and misdemeanors-vagrancy, petit larceny, drunks, riot, etc. The terms of imprisonment ranged from a few hours to twelve months. Five of the number were sentenced to the jail by the U. S. Court. Thirty-five of the remainder were mere boys, and were sent from the jail to the Reform School for from two to five years. A goodly per cent. of the number incarcerated in the jail in the last few years were tramps-graceless scamps that never find work to suit them-who want to cut ice in dog-days, and harvest wheat and make hay in mid-winter.

OFFICIAL RECORD - 1825 TO 1880.

FIRST ELECTION.

The first election for county officers was held on the 7th day of March, 1825. After that, until 1818, general elections were held in August. Under the amendments to the constitution in 1848, the time of holding elections was changed to the first Tuesday after the first Monday in November.

COUNTY COMMISSIONERS.

March 7, 1825 - Nathan Dillon, Joseph Smith, William Holland.

August, 1826 - Nathan Dillon, William Holland, John Hamlin. At the June term 1827, the names of George Sharp and Henry Thomas appear in place of Nathan Dillon and William Holland.

August 4, 1828 - Isaac Egman and Francis Thomas were elected, and with George Sharp made a full board.

September term 1830, George Sharp, John Hamlin and Stephen French qualified as commissioners. At a special election, August 1, 1831, Resolved Cleveland was elected to fill a vacaney in the board caused by the death of George Sharp. At another special election on the 5th of December, John Coyle was elected to fill the place of John Hnm- lin, resigned. Stephen French also resigned at the beginning of the year, 1832, and at a special election on the 5th of March, Aquila Wren was elected to the vacancy.

August, 1832 - Edwin S. Jones was elected, who, with Wren and Coyle, made n full board.

August 4, 1834 - John Coyle, Orin Hamlin and Andrew Tharp.

August 1. 1836 - William J. Phelps, Aquila Wren, Samuel T. MeKenn.

"So booked on the jail record, but trial and conviction followed on some other charge.

PEORIA

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HISTORY OF PEORIA COUNTY.

August, 1838 - Clark D. Powell, Smith Frye, Moses Harlon. After this date the Commissioners served one. two and three years each, drawing for terms at the first meet- ing after election, so that only one Commissioner was elected annually thereafter, unless to fill vacancies. Under this rule there was always two members of the Board, unless in case of death or resignation. who were familiar with the routine of county business, the oldest member presiding.

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The History of Peoria County, Illinois. Containing a history of the Northwest-history of Illinois-history of the county, its early settlement, growth, development, resources, etc., etc., Part 50

Author: Johnson & co., Chicago, pub Publication date: 1880 Publisher: Chicago : Johnson & Company Number of Pages: 932

Author: Johnson & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : Johnson & Company
Number of Pages: 932