The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc., Part 63

Author: Wesern historical company, Chicago, pub
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 899


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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