USA > Illinois > Ogle County > The history of Ogle County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics history of the Northwest, history of Illinois etc > Part 34
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This was probably the first movement of the kind undertaken in the state; that it was a movement in the right direction can not be gainsaid. It was time and money well employed, as the present prond position of the schools amply testifies. It was the beginning of that fostering care, which, carefully followed, won for the Ogle County schools a Centennial medal in 1876, of which more will be said in a special educational section.
September 14, 1853, the liquor license question again came before the Board of Supervisors in the form of a petition bearing 1,723 signatures asking the board to adopt a retail license resolution or order. With a large class of people at that time this question seems to have been considered as a vital and important one, and to have kept the public mind in an almost continued state of agitation and unrest. The petition, however, on motion, was laid on the table, and so far as the records show, was never again called up.
September, 1856, the Board of Supervisors inaugurated measures to secure the erection of a fire proof building for the use of the several county officers, resulting in the building of the two small concerns at the northeast corner and the southeast corner of the public square. Messrs. Rood, Wood and Williams were appointed to make estimates for the erection of the same. On the 5th of March, 1857, a resolution was presented provid- ing for the erection of two buildings instead of one. The resolution was adopted, and on the 7th of March a new building committee (composed of Messrs. Potwine, Baker and Rood) was appointed to superintend their erection. A final settlement for these buildings was not made for a year or two after their completion in consequence of a difference of opinion between the supervisors and the builders, the former maintaining that the build- ings were not finished according to the contract requirements. The differ- ences were finally adjusted, however, without resort to the courts of law, and the buildings accepted and paid for.
So far as the proceedings of the county commissioners, the county court and the board of supervisors are concerned, we have carefully traced the more important of their acts to the present. There are some things, however, such as the building of the bridge across Rock River, the county's
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connection with railroad enterprises, etc., that are treated under separate headings, and their history will be found in appropriate sections, and will be found full of interest, an interest that will increase with the increase of years. This part of our undertaking so far completed, we turn back to the earlier records to reproduce some miscellaneous records that are not with- ont historical value. When we have disposed of these, we will take np circuit court affairs, the history of the Reign of Terror and Ontlawry endured by this people for a period of ten years or more, culminating in the organization of a Vigilance committee, the killing of the Driscolls, etc., after which will take up the War Record of the county-a record of which every man and woman of the county has just reason to be proud.
MISCELLANEOUS COUNTY COURT RECORDS.
The first marriage license issued from the county court was to Mr. Horace Thompson and Miss Eliza Ann Mckinney. The license was dated January 31, 1831, and was signed "Smith Gilbraith, clerk, by J. P. Dixon, deputy clerk." The certificate of marriage was returned on the 12th day of February following, by John Thomas, who certified that he solemnized their marriage on the 7th day of February, 1837.
The first probate order on record related to the estate of Peter Meyer, deceased. This order was dated June 10, but the year was omitted. From the fact, however, that on the 31st day of July, 1840, Jacob Meyer and Mary Meyer, widow of Peter Meyer, were appointed guardians of the persons and effects of Peter Meyer, it is presumable that the order first quoted was made June 10, 1840.
The device for the circuit court seal was adopted at a session of the County Commissioners Court held in August, 1840. The device is thus described on the records: "Clouds above, from which is thrust an illu- minated hand holding the scales of justice, and the words, 'Circuit Court, Ogle County.'"
The First Will .- Connty of Ogle and State of Illinois. In the mat- ter of the estate of Alexander Irvine, deceased. Last Will and Testament:
I, Alexander Irvine, of the County of Ogle and State of Illinois, do make and publish this my last Will and Testament, in manner and form following, that is to say :
First. That it is my Will that my funeral expenses, and all my just debts be fully paid. Second. I give and devise to my eldest son, Joseph W. Irvine, all that tract of land lying eighty rods on the river, south of Cyril James' line, and north to the line of Wm. Wilkerson, being abont two miles, containing nearly half of a section; also, money to enter, or pay for said tract of land, and to his heirs and assigns forever.
Third. I give and devise one thousand dollars to the Missionary Society of the Meth- odist Episcopal Church, to be paid in forty years from date, without interest.
Fourth. I give, and devise, and bequeath to my beloved wife, Clarisa Irvine, all the remainder of my property, both in this State and elsewhere, to distribute as she sees fit or best. And further, it is my desire that my son Joseph have a general superintendence of said property if he is willing. And lastly, I hereby constitute and appoint my wife, Clarisa Irvine, and my son, Joseph W. Irvine, and my friend, Horace Miller, to be the executors for this my last Will and Testament, revoking and annuling all former wills by me made, and ratifying and confirming this and no other, to be my last Will and Testament.
In testimony whereof I have hereby set my hand and seal. this twenty-fourth day of August, A. D. 1840. (Signed) ALEXANDER IRVINE.
Signed, published and delivered by the above named Alexander Irvine, as and for his last Will and Testament, in presence of us, who, at his request, have signed our names as witnesses to the same.
J. M. RUSSEL, CYRIL JAMES.
Done before me, at the house of Alexander Irvine, this 24th day of August. A.D. 1840.
A. WILBER, J. P.
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I, Alexander Irvine, do further devise and give to Andrew Meatester, when he becomes of age, eighty acres of land, to be situated with wood sufficient to make him a small farm; provided, he, Andrew Mcatester, has not been put to learn some useful trade, and to his heirs and assigns forever.
A truc record of the original, as entered by me this the 9th dav of January, A. D. 1841. WM. J. MIX, Probate Justice.
Farmer's Hydraulic Company .- This company was organized early in 1851. The object of the company is recited in the following instrument, which is duly recorded :
BYRON, February 21, 1850.
We the undersigned, for the purpose of erecting a dam across Rock River, between the mouth of Stillman's Creek and the south line of section ten, in town twenty-five, rauge eleven east of the fourth principal meridian, under the act of the legislature of 1849, entitled "an act for the improvement of navigation on Rock River, and the production of hydraulic power," have formed ourselves into a company under the name and style of the Farmer's Hydraulic Company, with a capital stock of $10,000, and do agree to take the number of shares set opposite our names in the capital stock of said company, and to pay therefor to the treasurer of said company, the sum of $25 for each share of said stock set opposite our names, respectively. in such manoers and proportions, and at such times as the Board of Directors of said company may from time to time direct: D. & A. T. Brown, 40 shares; Seth Noble, 40; Wm R. Morley, 11; A. E. Hurd. 30; J. M. Bradley, 20; Win. H. Ferguson, 30; Joshua White. 40; William Spackman, 40; P. T. Kimball, 40; F. A. Smith, 40; A. Woodburn, 40; Harry Spaulding, 4; Norton B. Royce, 15; A. L. Johnson, 6; J. L. Spaulding, 20; H. Wilder. 16; J. B. Moffett, 5; M. M. York, 5; Woodhull Helen, 5; Liberty Ruggles, 8; Dudley Wood, 20; Peter Strang, 6; M. D. Johnson, 4; William H. Fuller, 5; William C. Dunning, 10; Silas St. John Mix. 30; J. M. Irvine, 12; A. M. Campbell. 10; C. C. Bradley, 5; P. Burke, 20; Jos. Johnson, 20; L. L. Case, 10; J. Gerber, 20; J. D. Sperry, 6; J. M. Russell, 16; Hamilton Norton, 2; Nathaniel Belknap. 10; John Arny, 10; David Lewis, 40; A. M. Trumbull, 10; A. G. Spaulding, 10; Mathias Dunning, 10; R. C. Brayton, 6; Charles Fisher, 8; Total shares, 755.
This entry is followed by the certificate of incorporation, duly acknowl- edged. Officers were elected, and on the 4th of September, 1850, an order was entered granting leave to the company to build the necessary dam, race, etc. Subsequently, the improvement commenced and partially completed, passed into the hands of a Chicago company by whom it is owned and controlled. This company meets once a year to elect officers, etc., and that is all. But little interest is taken in the development of the power here afforded. The time may come, however, when a little more life will be infused into the controlling corporation, and such improvements made as will render the water power at Byron the best and most productive in the state.
CIRCUIT COURT.
The twelfth section of the act of January 16, 1836, establishing Ogle County, constituted it a part of the sixth judicial circuit, and provided for terms of the circuit court to be held at such places as the county commis- sioners should designate, and that the circuit judge of the sixth judicial cirenit should have power to fix the time for holding such court as, in his discretion, would best promote the public good. Under this provision the commissioners, on the 4th day of September, 1837, ordered that the county clerk inform all the county officers and circuit judges, that Dixon had been selected as the place of holding the circuit court until Angust, 1838. The first term of the circuit court commenced on Monday, October 2, William W. Mudd was sheriff, and 1837. Hon. Dan Stone presiding. William J. Mix was deputy sheriff.
Benjamin T. Phelps presented his commission as clerk, signed by Judge Thomas C. Ford, judge of the sixth judicial district, before whom he
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had taken the oath of office. Judge Ford also became bondsman for Mr. Phelps in the sum of $2,000.
The grand jury at this term of the court was composed of the follow- named " good and true " citizens :
A. E. Hurd, L. O. Bryan, Asa G. Spaulding, Hugh Moore, Wm. A. Houser, John Dixon, Samuel Johnson, Stephen Fellows, James Clark, James V. Gale, William Wamsley, G. H. Wileoxen, Corydin Dewey, Joseph Saw- yer, E. Worthington, John Gilbraith, Brener Jarvis, Miller Dewey, I. Day and Ebenezer Seeley; John Dixon was appointed foreman.
The Record shows that a grand jury consisting of the following named " settlers," was chosen at the January term of the commissioners court (1837), but there are no records to show that they ever qualified as jurors.
John Whittaker, Andrew Sheppard, L. O. Bryan, Hugh Moore, Cyrus R. Miner, N. Morehouse, L. C. MeClure, G. D. H. Wilcoxen, Samuel John- ston, James Clark, Leicester Everts, Wm. J. Mix, F. Cushman, Wm. Wams- ley, Thomas Dexter, Corydin Dewey, John L. Fosdick. On the attached part (Whiteside): Wm. Dudley, E. Worthington, John Stokes, Ebenezer Seeley, and Wyatt Cantrell.
The following named settlers appeared as petit jurors:
P. Kimble, P. Norton, James L. Spaulding, R. Prichard, Jeremiah Whipple, Leonard Andrews, J. D. Pratt, Wm. Martin, A. Fender, Larkin Baker, Ezra Bond, S. S. Crowell, Elisha Doty, Stephen Hull, James McFar- lin, Adolphus Bliss, Charles West, John Brown, R. B. Akin, and John P. Whidden.
Attached: A. R. Hamilton, J. G. Walker, Dr. Smith, H. Brint and Van J. Adams.
The first case tried in the circuit court was that of Robert Innes v. Jacob Reed, on a writ of replevin.
A jury consisting of P. Kimble. P. Norton, James Spaulding, L. Andrews, William Martin, Ezra Bond, S. S. Crowell, Stephen Hull, James McFarland, Adolphus Bliss, John Brown, and Richard B. Atkins, were "elected, tried and sworn."
The jury, after listening to the evidence and arguments of the counsel, retired to consider their verdict, and after remaining out a reasonable length of time returned a verdict finding for the plaintiff.
The first case of record was that of the People v. William K. Bridges and others, on a recognizance.
A motion to quash the indictment was entered by the defendant's attorney, and the court, after listening to the arguments of the counsel, en- tertained the motion and ordered that the defendants be acquitted and go thence without day.
On the fourth day of the term, the grand jury returned into court and presented the following indictments:
Asa Crook was indieted for corruption in office.
Wm. Cushman was indicted for arson.
Wm. W. Mudd, Sheriff. was indicted for palpable omission of duty.
Thomas and Louis Kerr were indicted for riot.
William H. Peyton was indicted for assault with intent to commit murder.
Preston Blevins was indicted for assault with intent to commit murder.
Wm. Southal was indicted for palpable omission of duty. In this case the jury declared him not guilty.
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The grand jury, having no further business before them, were dis- charged.
The first divorce case was entered by Elizabeth McGoon, against Richard H. McGoon.
The first criminal trial of any note, was that of The People v. John Porter, charged with having in his possession, and attempting to pass counterfeit money. The case came up at the June term, 1839.
The following named gentlemen being sworn as jurors : Larkin Baker, Wm. P. Burroughs, Erastus G. Nichols, John Waggoner, John Wilson, Samuel Johnston, Moses T. Crowel. G. D. H. Wilcoxen, John M. Smith, David Maxwell, Robert E. Page and Joseph M. Wilson.
The jury returned a verdict of guilty, and Porter was sentenced to two years and six months in the penitentiary at Alton, the first month to be passed in solitary confinement.
A motion for a new trial was entered, but was overruled.
Since October, 1837, the judges in regular succession have been : October, 1837, Dan Stone; January 17, 1839, Thomas Ford, Sixth Judicial Cirenit. [Mr. Ford was afterwards (in August, 1842), elected Governor of the state, and served four years. He died at Peoria in 1850]; September 19, 1842, John D. Caton; May 7, 1849, Hugh Anderson: September 24, 1849, T. L. Dickey; April 1, 1850, Benjamin R. Sheldon; August 25, 1851, Ira O. Wilkinson; August 1, 1855, J. Wilson Drury; June 1, 1857, John V. Eustace; November 1, 1861, William W. Heaton; October, 1877, William Brown; January, 1878, Joseph M. Bailey.
Judge Eustace was elected in February, 1878, to fill the vacancy caused by the death of Judge William W. Heaton.
After the outlaws were banished from the country by sending some of them to the penitentiary, and the summary execution of at least two others by an outraged and long-suffering people, the country settled down into remarkable quiet and obedience to law, since when there have been but very few cases, comparatively speaking, of a criminal nature. Murders have been of very rare occurrence, the first and most fiendish being that of Mr. John Campbell by the Driscoll gang on Sunday afternoon, June 27, 1841. The Driscoll gang were summarily disposed of within a very short time thereafter by the citizens, who rose en masse, and proceeded to the work of extermination. They commenced with the execution of John and William Driscoll. One hundred and twelve citizens, many of whom are now among the best and wealthiest, were indicted and tried for participation in this offense, but were acquitted by a jury of their countrymen. This was the most exciting trial ever had in the circuit court, and, perhaps, embraced the largest number of persons ever arraigned under one indictment in the United States. But of this more anon.
Since the organization of the county, in 1836, a period of time cover- ing forty-two years, the records of the circuit court only show eight indictments for murder, seven of which were tried. The following is the record :
The first indictment was for the murder of the Driscoll's, of which mention is made above.
The Slater-Minor Murder .- Frederick R. Slater and Allen Minor were neighbors, living in the Town of Lynnville, on Killbuck Creek. A feud had existed between them for some time previous to the murder, and meet- ing on the 18th of September, 1850, the day the murder was committed,
Edin Blud
COUNTY TREASURER OREGON
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a quarrel ensued, and it was supposed Slater killed Minor with a sled stake. Minor's body was found dead in a corn field the next day. Slater had been known to pass that way, and he was arrested on a charge of the murder. He was indicted at the August term, 1851, of the circuit court. The trial commenced August 25, 1851, and coneluded September 5. The jury returned a verdiet of not guilty. H. B. Stillman, assisted by E. F. Dutcher and John A. Holland, condneted the prosecution. The defense was rep- resented by H. A. Mix, Jason Marsh and B. C. Cook.
The Paul-Augustine Murder .- On the 23d of November, 1854, Andrew Paul was stabbed to death by August Angustine. Augustine was a tenant of Paul's, and had a crib of corn on Paul's place, and had gone after it. Paul refused to let him have the corn, when they engaged in a quarrel about the matter and came to blows. Paul struck Augustine on the head with a rail. Augustine then drew his knife and killed Paul, and then drove to Brookville and swore ont a warrant for the arrest of Paul for assault. Augustine was indicted at the May term, 1855, and tried at the same term. The defense introduced the plea of insanity. claim- ing that the blow of the club had produced temporary insanity. The jury returned a verdiet of not guilty. The following named gentlemen were interested in the ease: For the prosecution, Wmn. T. Miller, J. L. Loop and T. F. Goodhne; for the defense, H. A. Mix, Thomas J. Turner, E. F. Duteher, David S. Pride, Robert C. Burchell and Miles B. Light.
Richard F. Tallman was indicted at the May term, 1856, for the murder of James W. Johnston, on the evening of the 21st day of February, 1856, by stabbing him in the groin. Johnson died in forty-eight hours. A quarrel ensued between them in the grocery store of Michael Nolie, and upon being told by Nohe that he would have no fighting there, they went out in the street, where the quarrel was renewed, and during the altercation, Tallman thrust a knife into Johnston. The trial took place at the October term, 1856. William T. Miller, prosecuting attorney, assisted by M. P. Sweet and R. C. Burehell, conducted the case for the people. Messrs. Joseph Sears, J. L. Loop, Joseph Knox and William W. Heaton defended. The jury returned a verdiet of manslaughter, and Tallman was sentenced to the penitentiary for five years. He was pardoned out by Governor Bissell, after having served out one year of his sentence.
The next murder trial was on a change of venue from Carroll County, entitled the People vs. Charles Slowey for the murder of John Welsh.
Slowey had been for some time engaged in mining for lead ore, with his victim as a partner. They had sunk two shafts near their shanty, about two miles west of Mount Carroll, had taken out some ore, and had a pros- pect of getting more. At this time they both got on a drunken spree, and a few days thereafter the vietim was found dead in one of the shafts. Inves- tigation showed plainly that death was not the result of accident or suicide, as the death wound was evidently inflicted by a miner's piek. After a post- mortem examination by Dr. B. P. Miller and Dr. John L. Hostetter, Slowey was arrested and committed for the murder, and indicted, as above stated. The case was continued to the September term, 1860, of the Circuit Court, when a change of venue was taken to this county. He was tried in November of that year, at Oregon, and convicted of murder in the first degree. The court, Judge Eustace, for some reason, having granted a new trial, the people accepted the proposition of William T. Miller, Slowey's counsel-Slowey to plead guilty to manslaughter, and a sentence to the
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penitentiary for ten years. This was accordingly done. Slowey died a few weeks after getting to the penitentiary, the information being that his brain was badly diseased. The general impression, however, came to prevail that his disease of the brain was the result of cold head-batlis, employed as pun- ishment for breach of discipline.
Samantha Dildine was indicted at the March term, 1860, for the mur- der of a new born male (illegitimate) child. March 19, 1861, the conrt ordered that the case be continued for service. The woman was spirited away by her friends, and thus the matter ended.
Robert Livingston was indicted at the March term, 1861, for the sup- posed murder of his wife, by poison. McCartney and Burchell prosecuted, and Messrs. Dutcher, Campbell and Carpenter defended. The jury dis- agreed. A change of venue was granted the defendant to Lee County. The physician who made the chemical analysis went into the army, and in some manner Livingston was bailed out, and also enlisted in the service, and the case was dismissed.
The last indictment for murder was that of The People v. Thomas Padgett, David B. Stiles, William Colditz. Thomas Skelton, John A. Huges, Henry Miller, Levi Schoonmaker and Sebra B. Read, who were indicted at the June term, 1862, for the murder of Thomas Burke, at Rochelle, by hanging. This offense occurred during the war, when party spirit ran high. Some warehouses had been burned, and there was apparently ample proof of Burke's guilt. The case was tried at the June term, 1862, of the Circuit Court. David McCartney and John V. Eustace prosecuted, and E. F. Dutcher, M. D. Hathaway and R. C. Burchell managed the case for the defense. The jury returned a verdict of not guilty.
PRAIRIE PIRATES.
In the preceding pages of this book frequent reference is made to the ontrages of a combination of ontlaws-horse thieves, counterfeiters and murderers-that fastened themselves upon the country of the Rock River Valley about the year 1835. About the confines of American civilization there has always hovered, like scouts before the march of an invading army, a swarm of bold, enterprising, adventurous criminals. The broad, untrod- den prairies, the trackless forests, the rivers, unbroken by the keels of com- merce, furnished admirable refuge for those whose crimes drove them from companionship with the honest and law-abiding. Hovering there, where courts and civil processes could afford but a weak bulwark of protection against their evil and dishonest purposes and practices, the temptation to prey upon the comparatively unprotected sons of toil, rather than to gain a livelihood by the slow process of peaceful industry, has proved too strong to be resisted. Some of these reckless characters sought the outskirts of advancing settlements for the express purpose of theft and robbery; some, because they dare not remain within reach of efficient laws; others, of lim- ited means, but ambitious to secure homes of their own, and with honesty of purpose, exchanged the comforts and protection of law afforded by the old settled and populous districts for life on the frontiers, and not finding all that their fancy painted, were tempted into crime by apparent immunity from punishment. In all new countries the proportion of the dishonest and criminal has been greater than in the older and better regulated com- munities where courts are permanently established and the avenues of
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escape from punishment for wrong-doing more securely guarded. This was notably and particularly the case in the early settlement of Ogle and adjoining counties.
At the time of which we write, and for a number of years afterwards, a strong and well-organized band of desperadoes held almost undisputed and unobstructed dominion throughout this whole region of country, and very few of the honest settlers were fortunate enough to preserve all their property from being swept into the meshes of the net-work these land pirates had spread around them. Good horses and their equipments were the most easily captured and most readily concealed, and consequently the most coveted by the outlaws, as well as the most unsafe property the settlers could hold. Owners of fast or really good horses never presumed to leave them unguarded for a single night, unless the stable was doubly locked and barred, and a faithful dog either left within the stable or at the stable door; and often times the owners would sleep in the stable with their trusty rifles by their side, while no man ever thought of going to his stable or his wood pile after nightfall without his gun.
The leaders of this gang of cut throats were among the first settlers of the county, and as a consequence, had the choice of locations. Among the most prominent and daring of the number were John Driscoll, William and David Driscoll, his sons; John Brodie and three of his sons, John, Stephen and Hugh; Samuel Aikens and three sons, Richard, Charles and Thomas; William K. Bridge and Norton B. Royce.
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