USA > Wisconsin > Rock County > The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc. > Part 63
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2. In the second place, the prosecution must show, beyond any resonable doubt, that the person murdered is the same person named in the indictment-in short, that the body found in the town of Harmony is the body of Andrew Alger. To establish that fact, the prosecution rely upon the fact that the body is identified by two witnesses -Mr. Conrad and Mr. Fifield ; that a large number of witnesses, with more or less positive assurance, identify the clothing of Andrew Alger, found with the prisoner; and especially the fact that the white linen coat (the coat which he was seen to put on at Beloit when he left that town with the horse and buggy) was found near the place where the body was found, covered with blood and concealed under some leaves; and from the fact that Alger, since last seen on his way home, between Janesville and Milton, has no where been seen, unless the body in question is the body of Andrew Alger.
If you are satisfied, beyond all reasonable doubt, that this was the body of Andrew Alger, you will next inquire (and perhaps that may be the main inquiry), is the prisoner at the bar guilty of that crime ? 8. To establish that fact, the prosecution relies upon three species of evidence-first, circumstantial ; second, positive testimony, by the defendant's confessions, and, third, the combined weight of both.
Independent of the testimony of McComb and his two sons, Halsey and Erastus, the prosecution insist that the circumstances in evidence would leave no room to doubt the defendant's guilt. The circumstances relied on are mainly these : that the defendant was seen waiting upon the road where Alger was to pass, and, within twenty-four hours after, he is found with the horse and buggy of Alger, on the premises of McComb, in the county of Winne- bago, State of Illinois; and, upon being searched, in his pockets were found the papers and wallets of Alger ; that the defendant gave a false account of the money in his possession; that the knife of Alger, identified by his son and others, was found in his possession ; that he gave a false account of it; that when he left Mr. Rexford's, in Beloit, he had on a black hat, and the next day had on a white hat, identified, with more or less assurance, as the one worn by Alger when he left Beloit; the fact that he said he lived and worked at Milton, and was going to Milton, when he was on his way to Rockford, and was living there; the fact that he left on foot and returned with a horse and buggy ; that he left with one hat and returned with his own black hat, as he said, in the buggy, and a white hat like that of Alger's on his head, when seen at 9 o'clock in the store at Janesville; the false account given of his busi - ness to Allen, and another false account given to Tracy, the same night, that he had been to Madison and was going to Beloit; and the prosecution insist that these facts are enough of themselves to satisfy the jury, beyond all reason- able doubt, of the defendant's guilt, though the evidence of McComb and his two sons were stricken from the case. In the next place, gentlemen, you will inquire as to what weight should be given to the three witnesses to whom the defendant is said to have confessed his guilt.
The confessions of a party are always to be weighed with great scrutiny. On the one hand, it is of all other evidence the most liable to be mistaken and the most easy to be manufactured; while on the other, if such a confes- sion be clearly proved to have been voluntarily made, by a party in his right mind, it is evidence of very great weight. The counsel for the defendant insists that the confessions made to McComb are so unreasonable, so con- trary to the impulses of human nature, that you should wholly disregard their testimony ; and, further, that when these confessions were made by the defendant, he was so far intoxicated that the confessions, if made, should have no weight whatever. That, gentlemen, is a question for the jury-whether that confession was, in fact, made, whether it is wholly irrational and unnatural, or whether it accords with the facts truly, whether it was made with
G
418
HISTORY OF ROCK COUNTY.
the expectation of being sheltered and secreted by McComb (with, one of whose sons he is said to have been imprisoned at Alton) when he would be pursued, or whether it was the result in fact of his being influenced by intoxicating drinks, or whether it was the result of both-or whether, as insisted br the District Attorney, it was the confessions of a soul overburdened with a sense of guilt, stained with a brother's blood, driven almost to frenzy ; the confession of a soul whose terrible secrets it could no longer keep ; which has already become its master ; which, in spite of itself. "rises to the throat and demands utterance." All these are questions for the jury, as well as the degree of weight to be given to them. If the defendant was in fact intoxicated when he made these con- fessions, they are not entitled to anything like the same degree of weight as if made while in full possession of his mind.
But the counsel for the defendant, while he admits that there are many strong circumstances tending to prove the prisoner's guilt, insists that they are not sufficiently strong to satisfy you, beyond all reasonable doubt. by evidence so strong as to exclude every other hypothesis except that of his guilt.
The defendant's counsel has correctly stated the law upon the subject. You must be satisfied of his guilt tos moral certainty. You should extend to the defendant the benefit of every reasonable doubt, upon the humane prin- ciple that ninety and nine guilty persons should escape rather than one innocent man should suffer. In the admin- istration of criminal law, high, responsible and sometimes very painful duties rest upon courts and juries. A responsibility in bearing which the head grows weary and the heart sometimes grows faint ; but it is a responsibility which must be borne. We could not withdraw from it if we would, and should not if we could.
We should extend to this defendant, as to all others charged with crime, the whole charities of the law, and all the presumptions of innocence; but if, upon the evidence, the mind is convinced beyond any reasonable doubt that he is guilty of this crime, it is your duty to the oaths you have taken, the country in which you live, byl that is sacred to the lives and peace of your community, and, I may add, your duty to the defendant, painful thon it may be, to declare him guilty. It is duty in administering justice to remember mercy. but while rememberi_ of mercy, not to forget to administer justice. It would be indeed a mistaken sympathy if this defendant is clearly found guilty beyond any reasonable doubt. to acquit him and suffer him to go at large. The great master of poet_ - rj, I believe it is, has said that " mercy murders, pardoning crime," and the great philosopher, Sully, once said to the Emperor of France, when about to pardon a great murderer, " Remember," said he. "the guilt of the murder which he has already perpetrated is his ; if you pardon him. the guilt of the next murder will be yours."
The case is with the jury, who are the judges of the law and the fact. Upon the one hand you are to extended to the prisoner every reasonable presumption of innocence-the benefit of every reasonable doubt ; but, upon the other, if satisfied beyond any reasonable doubt of his guilt, public justice demands a conviction at your hands.
In twenty minutes, a verdict of murder in the first degree was returned and the jury - dis- charged. Judge Doolittle said he would defer sentence until the following morning, and the prisoner was remanded to the custody of the Sheriff.
Shortly after 7 o'clock, P. M., while Mayberry was being escorted to the jail, which t- Then stood on the public square nearly opposite All Souls' Church, an attempt was made by some one of the large crowd which still lingered about, to throw a rope over his neck. Other demons tra- tions were made, but the posse with their prisoner succeeded in reaching the jail in safety and locking him up. The Gazette of July 14, contains the following account of what transpired on Wednesday evening :
Messrs. Noggle and Ely, who had conducted the prosecution, addressed the crowd in deprecation of any vio- lence, and for a time the excitement subsided, and the assemblage left the immediate vicinity of the building. An inflammatory harangue from the lower part of the square again excited the mob, and the jail was again threatened. Sheriff Hoskins and Mayor Dimock now commanded the aid of all peaceable, law-loving citizens, and a suffi cient number responded to the call to frustrate the design to break open the jail and take the prisoner. During an Other onslaught, the officers and citizens guarding the door were driven from the steps leading to it by a volley of st ones, and several panes of glass in the front of the building were broken. Between 10 and 11 o'clock. a long pole was procured, and a large number of persons came down the street from the top of Court House Hill, shouting and declaring a determination to force an entrance. The design was abandoned, however, and by half past 11 all about the building was quiet.
At 8} A. M. on Thursday, the prisoner was taken to the court-room to receive his sen- tence. The crowd was quite as great as on the previous day, and the presence of a large number of new faces was noticeable. No outward demonstrations were made toward seizing the prisoner when he was led along the hill to the Court House, but the aspect of the crowd seemed determined and resolute. The Court asked Mayberry if he had anything to say against the sentence of the law being passed upon him, to which he replied. " I know that the evidence is strong against me, but I am innocent of the murder." Judge Doolittle then sentenced him to " be imprisoned at hard labor in the State Prison during life : " the first twenty days of each year, commencing from the time of his arrival at the State Prison, and the first five days of October, November, December, January, February, March, April, May and June in each year in solitary confinement, with nothing to eat except bread and water.'
419
HISTORY OF ROCK COUNTY.
Mayberry was perfectly composed, receiving his sentence with indifference. He was kept within the court-room for some time after the sentence was pronounced, the officers thinking it not safe to attempt to convey him to the jail until the excitement had subsided. An eye-witness of the scene that followed, gives the following graphic description of it :
When the prisoner left the Court House, the mob had apparently dispersed, and the crowd which, in the pre- vious part of the day had been very large and turbulent, became reduced to scarcely one hundred persons. All appeared tranquil and quiet. The Sheriff was advised that this would be a favorable time to take the prisoner to the jail, which way distant about ten rods. The Sheriff had formed a company of from fifty to one hundred persons, made up of his Under Sheriffs, Constables and a special police, sworn in for the occasion, who surrounded the pris- oner as he was taken from the Court House. No sooner had he reached the ground on the outside of the building, than signals were given from the windows. and the crowd came rushing forward from every direction, closing around the officers just as they reached the door of the jail. Here, for the first time, the officers were baffled by the efforts of the mob. The steps leading into the jail had been removed, and the door barricaded with heavy timbers. Stones were freely used upon the officers until most of them were disabled or thrown to the ground, when the infuriated mass rushed over them and seized their victim. Here followed a scene of bloodshed and barbarism which, heaven grant, may never again be my lot to witness. The prisoner fought desperately, while his assailants were rushing upon him with yells of wild exultation, until a blow upon the head felled him to the ground. Immediately, the cry was " A rope !" "Hang him !" " A rope!" A rope was thrown into the crowd, and, while the prisoner was upon his knees plending " For God's sake have mercy," the rope was placed around his neck and he was taken to the nearest tree. Here, with considerable difficulty, they tied his hands with pieces of linen torn from his clothing. He was asked if guilty of the murder of Alger. He could but whisper. "() Lord, have mercy," and, in another moment, he was swinging between heaven and earth. But the tragedy did not end here. The knot in the rope had been left under his chin, and he still breathed. He was then let down, the rope adjusted with the knot on the back of his neck, and he was again drawn up amid the wild yells of the infuriated mob, who were fixing upon their consciences a stain which time can never obliterate. -
The tree upon which Mayberry was hanged stood near the center of the lower square. It was cut down early on the morning after the hanging, by Mr. Uriah Schutt, one of the jurymen who convicted Mayberry, who declared he would put an end to the daily pilgrimages which would necessarily be made by the morbidly curious to the gloomy spot. The limb from which Mayberry was suspended was sent to Madison, where it has ever since remained on exhibition in the Museum of the Historical Society. The balance of the tree was carried off by different ones and made up into canes, sleeve-buttons, etc.
And thus ends the bloodiest chapter in the history of Janesville, but it must not be recorded that the citizens acquiesced or took any part in murdering a man who, though his crime was atrocious and his guilt undisputed, was still in the hands of the law.
ROCK COUNTY STATISTICS. AGRICULTURAL STATISTICS OF ROCK COUNTY FOR DIFFERENT PERIODS.
1859.
1870.
1877.
Wheat ..
829,186 bush.
882,851 bush.
177,462 bush.
Rye.
10,170
..
120,741
193,972
Corn
668,245
1,121,529
=
1,950,976 "
Oats ....
475,639
1,159,246
"
1,919,810
Barley.
60,214
206,204
16
398,446
=
Wool
80,596
lbs.
261,705
lbs.
Butter ..
549,687
1,039,592
1,268,035 1bs.
Potatoes.
177,647 bush.
450,442
179,824 bush.
Root Crops ..
40.076
:
Apples.
7.310
Flax ..
136,620
lbs.
Tobacco.
2,269,188
"
Cheese ..
79.533 lbs.
482,031
=
=
The acreage of the principal crops at the time of making the annual assessment of 1877, in Rock County, was as follows : Wheat, 2,790 ; corn, 76,396 ; oats, 57,210; barley, 15,646; rye, 12,898; potatoes, 2,676; root crops, 143; apple orchards, 3,944; flax, 239; hops, 14; tobacco, 2,386; grapes, 19; growing timber, 57,105.
420
HISTORY OF ROCK COUNTY.
PRODUCTS OF AGRICULTURE, OF BREADSTUFFS, ETC., OF ROCK COUNTY FOR THE YEAR ENDING JUNE 1, 1850.
TOWNS.
Wheat.
Corn.
Oats.
Total.
Johnstown ..
85380
82155
72540
190075
Turtle ..
74011
21441
84956
180408
Harmony
65472
22775
44300
182547
Janesville.
61000
17345
31780
110216
Milton
56664
25405
44880
126949
Bradford
50559
11792
27245
89694
Clinton
48005
14280
80188
92478
Lima.
42460
21865
81575
95400
Fulton
88780
16560
18570
78800
Rock
84783
14925
20985
70698
Union ..
84207
11240
24168
60610
Porter.
2994.
11180
18170
59240
Newark
28140
12027
12100
53166
Center
27793
14405
23049
65247
Beloit
26742
10670
10640
48052
La Prairie
20540
5589
6719
82798
Plymouth.
20395
7835
7445
85675
Spring Valley
19827
10406
18225
48458
Magnolia
18867
11985
12740
43592
Avon
13789
10745
3272
27800
Total
797402
804922
488474
-
1590798
POPULATION OF ROCK COUNTY AT DIFFERENT PERIODS.
The population of Rock County for certain years, not given by the State and Federal census : 1836 (estimated), 96; 1838, 480; 1842, 2,869.
A census of Rock County was completed in June, 1846, and the following schedule, pub- lished on the 27th of that month, gives the whole number in each town :
TOWNS.
Male.
Female.
Total
Janesville.
1108
852
1960
Beloit
907
750
1657
Johnstown
478
384
862
Union.
465
352
81
Oak
314
267
Magnolia
197
148
845
Fulton.
361
265
626
Milton
409
351
760
Lima
397
323
720
Center
327
270
59
Rock
228
173
401
Spring Valley
206
147
85
Newark
497
464
961
Clinton
360
298
658
Bradford.
220
165
885
Turtle
404
316
720
Total in the county
12406
A census for the year 1847 was taken December 1, viz .: Janesville, 2,587 ; Beloit. 1,851 ; Johnstown, 921; Lima, 819; Milton, 890; Center, 907; Spring Valley, 640; Mag- nolia, 418; Rock, 430; Union, 815 ; Fulton, 601; Porter, 637; Newark, 779; Avon, 414: Turtle, 770: Clinton, 776 ; Bradford, 464. Total, 14,729.
421
HISTORY OF ROCK COUNTY.
POPULATION OF ROCK COUNTY BY TOWNS, AS COMPILED FROM THE UNITED STATES CENSUS.
TOWNS.
1850
1860
1870
Avon .....
579
908
886
Beloit
2,732
775
743
Beloit City.
4,098
4,396
Bradford
699
1,245
1,006
Center.
625
1,123
1,064
Clinton
1,214
1,554
1,943
Fulton.
828
1,890
2,168
Harmony
840
1,427
1,214
Janesville
905
926
Janesville City
7,640
8,789
Johnstown
1,271
1,402
1,299
La Prairie
385
849
867
Lima .
839
1,151
1,136
Magnolia
680
1,120
1,156
Milton
1,082
1,774
2,010
Porter
882
1,269
1,228
Plymouth
581
1,229
1,396
Rock
546
1,106
1,062
Newark
855
1,136
1,074
Spring Valley
756
1,265
1,258
Turtle .
1,005
1,412
1,274
Union
1,050
1,646
2,145
Total
20,750
36,690
39,030
VALUES OF REAL AND PERSONAL PROPERTY.
The following is a statement showing the number of acres of land in the several towns in Rock County, the assessed value of real estate, the aggregate value of real and personal estate as assessed, the equalized value of real estate and the aggregate value of all property as equal- ized in the several towns. Also the number of mills tax on the dollar, for State, county and county school purposes, and the whole amount of delinquent county tax. Published by order of the Board of Supervisors, in December, 1851 :
TOWNS.
No. of Acres.
Assessed Value of Real Estate.
Asses'd Value of Personal Property.
Aggregate of Assessment.
Equalized Val. of Real Estate.
Aggregate of Real Estate and Personal Prop- erty as equaliz'd
Avon.
19567 -
$ 48017
$ 1760
$ 49777
$ 40017
$ 41777
Beloit ..
21303
302718
30450
333168
255918
286368
Bradford
22160
65019
5430
70449
58019
68449
Center.
21258
56618
2885
59508
60618
53503
Clinton
22340
79642
4650
84292
61692
66342
Fulton
22059
54104
1710
55814
61104
62814
Harmony
20729
87184
2499
49683
61184
63688
Janesville
22420
219118
22650
241768
265918
288568
Johnstown
20985
67342
18105
80447
70447
83552
La Prairie.
22575
34349
1060
85409
45849
46409
Lima ..
21880
49084
7066
56100
55034
62100
Milton.
21166
41181
8385
49516
61131
69516
Newark.
21972
52779
1891
54670
45879
47770
Plymouth
20773
45104
1971
47075
46814
48285
Porter.
20550
59931
3350
63281
51931
55281
Rock
20948
75728
4480
80208
60728
65208
Spring Valley
17850
44331
2467
46798
44381
46798
Turtle.
21589
76854
7906
84761
61854
69761
Union
22330
48595
11962
60557
54695
66567
Total.
428518
$150299475
$13667786
$163967261
$150299475 ! $168967261
Magnolia
19160
35896
1000
36396
50981
5198]
3,451
422
HISTORY OF ROCK COUNTY.
State tax, 3 mills on the dollar; county tax the same; county school tax, 2 mills on the dollar ; total amount of delinquent county tax, $573 15.
The aggregate valuation of real and personal estate in Rock County from 1852 to 1855, inclusive, was : 1852, $1,619,280 ; 1853, $1,747,921 ; 1854, $4,453,940 ; 1855, $5,117,204.
The assessment returns made to Territorial and State officers of Rock County was as fol- lows :
1847.
1857.
1867.
1877.
Aggregate number of acres assessed
$331211 54 990326 00
$447033 00 4968748 00
$447253 00 6732090 00
$450904 00 10164140 00
Assessed valuation of the same ...
Assessed valuation of stock in incorporated companies and merchandise.
29460 00
Assessed valuation of personal property, exclusive of mer .! chandise ..
No report. 1019786 00
354152 00
3835877 00
Total amount of assessment.
Assessed valuation of city and village lots
Aggregate value of property assessed.
1442742 00 6760642 00 9945000 00
2378008 00
3947372 00 14111512 00
Aggregate value of property equalized by State Board ...
6732090 00
Aggregate value of real and personal property equalized by State Board ..
12945975 00
18955282 00
POST OFFICES IN ROCK COUNTY AT DIFFERENT TIMES.
The post offices in Rock County in 1845 were Beloit, Janesville, Johnstown, Milton, Union, Warren.
In 1857-Afton, Avon, Bass Creek, Beloit, Center, Clinton, Cooksville, Edgerton, Emer- ald Grove, Evansville, Fairfield, Footville, Fulton, Inmansville, Janesville, Johnstown, Johns- town Center, Leyden, Lima Center, Magnolia, Milton, Osborne, Orfordville, Rock Prairie, Shopiere, Spring Valley and Union.
In 1879-Afton, Avon Center, Beloit, Cainville, Center, Clinton, Cooksville, Edgerton, Emerald Grove, Evansville, Fairfield, Footville, Fulton, Hanover, Indian Ford, Janesville, Jolins- town, Johnstown Center, Koshkonong, Leyden, Lima Center, Magnolia, Milton, Milton Junc- tion, Orfordville, Rock Prairie, Shopiere, Stebbinsville, Tiffany, Union, West Magnolia, Wirt.
ELECTIONS AT VARIOUS TIMES IN ROCK COUNTY.
Vote for Presidential Elections .- 1848-Whig (Taylor), 1,300; Democrat (Cass), 1,338; Free Soil, 491. 1852-Whig (Scott), 1,509; Democrat (Pierce), 1,690; Free Soil, 916. 1856-Republican (Fremont), 4,707 ; Democrat (Buchanan), 1,965. 1860-Republican (Lin- coln) 5,198; Democrat (Douglas), 1,916 ; scattering, 72. 1864-Republican (Lincoln), 4,367; Democrat (McClellan), 1,532; excluding military vote. 1868-Republican (Grant), 5,582; Democrat (Seymour), 2,135. 1872-Republican (Grant), 5,138 ; Democrat (Greeley), 1,740. 1876-Republican (Hayes), 5,707 ; Democrat (Tilden), 2,814.
Vote on State Constitutions .- At the election held in Rock County, on the 6th of April, 1847, to vote on the adoption of the Constitution of the State, formed by the Convention that met October 5, 1846, the vote was-for the Constitution, 987 votes, and against the Constitu- tion, 1.977.
The vote on the Constitution, formed by the Convention that met December 15, 1847, was as follows : For the Constitution, 1,243 votes ; against the Constitution, 512 votes. At this election a vote was taken on " equal suffrage to colored persons." On this question the vote stood, in favor of suffrage, 858 votes ; and against it, 994 votes.
Vote for Circuit Judges .- At an election held August 7, 1848, Edward V. Whiton was chosen Judge of the First Judicial Circuit by a vote of 2,304, against 2,001 for David Noggle. June 1, 1853, Judge Whiton became Chief Justice, and Wyman Spooner was appointed June 14, to fill the unexpired term. At the ensuing election, held September 26, 1853, James R.
-
423
HISTORY OF ROCK COUNTY. -
Doolittle received 2,883 votes, and Wyman Spooner 2,460. Judge Doolittle resigned, and Charles M. Baker was appointed, March 7, 1856, to fill the unexpired term. At the next election, held April 7, 1856, John M. Keep was chosen, by the overwhelming majority of 6,483 votes. On the 14th of July, 1858, Judge Keep tendered his resignation, to take effect on the 17th of August; and, on the 27th of July, David Noggle was appointed to fill the vacancy. Judge Keep was, however, a candidate at the ensuing election, held April 5, 1859, and was defeated by Judge David Noggle, who received a majority of 3,693 votes. The next election occurred April 4, 1865, when Judge Noggle was in turn defeated by William P. Lyon, who received a majority of 744 votes, holding the judgeship until the formation of a new Judicial Circuit.
The first election for Judge of the then newly created Twelfth Judicial Circuit, was held April 5, 1870, when Harmon S. Conger received 7,634 votes, against 138 scattering. The last election took place April 4, 1876, when Judge Conger was re-elected by a vote of 10,454, to 77 scattering.
SOME OF ROCK COUNTY'S ILLUSTRIOUS DEAD. JACKSON JONES BUSHNELL
was born in Old Saybrook, Conn., February 19, 1815. His name (Jackson) records the thrill that passed through the country as the slow communications of those days carried the news of the victory of New Orleans in the preceding month-a victory which secured to the country the great valley to which the manhood of the man was devoted.
In childhood, he received the Christian consecration which, in his case, pervaded all the life, so that it was a rare example of a life full of practical business energy, but directed by simple love to God and man.
Dependent upon his own resources, he was minded to work out the best life in his power. He would have a liberal education, and be a minister of the Gospel. Service in youth as clerk in a Connecticut country store was for him, as for so many others, an education in business activity, energy, tact and truth, which were of no less value as a preparation for his life than the liberal culture which he added to it. Securing such preparation as he was able, he entered Yale College in 1837, and though he had the advantage of but a single year of preparation, he maintained throughout his course a place in the front rank of his class. At the same time, he supported himself by his own exertions. Such an education laid the foundation for the peculiar efficiency of his life. Then, as in all after life, all work and all study were earnestly and hon- estly done. Economical but never close, self-reliant but always helpful, if business occupied both his hands and half his mind, it never got possession of a corner of his soul. In his last sickness, when worn out by the manifold cares of his later life, when his mind wandered, it wandered on science, and when it rested, it rested in Christ.
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