Crawford County IL Archives History - Books .....Chapter IV 1883 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/il/ilfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com April 17, 2006, 3:11 pm Book Title: HISTORY OF CRAWFORD AND CLARK COUNTIES, ILLINOIS CHAPTER IV.* *By W. H. Perrin. ORGANIZATION OF THE COUNTY—ILLINOIS AS A PART OF VIRGINIA—DIVIDED INTO COUNTIES—ACT OF THE LEGISLATURE FORMING CRAWFORD—NAME OF THE COUNTY—THE COURTS, ETC.—LOCATING THE SEAT OF JUSTICE—AN INDIAN TRIAL—OTHER COURT PROCEEDINGS—LIST OF OFFICERS AND REPRESENTATIVES—COURT HOUSES AND JAILS—CIVIL DIVISIONS OF THE COUNTY—REMOVAL OF THE COUNTY SEAT—TOWNSHIP ORGANIZATIONS, ETC., ETC. "The ultimate tendency of civilization is toward barbarism."—Hare. THE General Assembly of Virginia, in October, 1778, passed an act for "establishing the County of Illinois, and for the more effectual protection and defense thereof." This act declared: "That all the citizens of this Commonwealth, who are already settled, or shall hereafter settle on the western side of the Ohio, and east of the Mississippi, shall be included in a distinct county, which shall be called Illinois County." The Governor of Virginia was to appoint "a county lieutenant or commandant-in-chief," who should "appoint and commission so many deputy commandants, militia officers and commissaries," as he should deem expedient, for the enforcement of law and order. The civil officers were to be chosen by a majority of the people, and were to "exercize their several jurisdictions, and conduct themselves agreeable to the laws which the present settlers are now accustomed to." Patrick Henry, the first Governor of the "Old Dominion," appointed as such county lieutenant Commandant John Todd, and on December 12, 1778, issued to him his letter of appointment and instructions. From the record book of John Todd's official acts while he was exercising authority over Illinois, a book now in the Chicago Historical Society, some interesting facts are gleaned of the early history of Illinois. We extract the following from its pages: Todd was not unknown on the frontier. Born in Pennsylvania and educated in Virginia, he had practiced law in the latter Colony for several years, when, in 1775, he removed to Kentucky, then a county of Virginia, and became very prominent in the councils of its House of Delegates or Representatives, the first legislative body organized west of the Alleghany mountains. Early in 1777, the first court in Kentucky opened its sessions at Harrodsburg, and he was one of the justices. Shortly, after, he was chosen one of the representatives of Kentucky in the Legislature of Virginia and went to the capital to fulfill this duty. The following year he accompanied Gen. George Rogers Clark in his expedition to "the Illinois," and was the first man to enter Fort Gage, at Kaskaskia, when it was taken from the British, and was present at the final capture of Vincennes. The act creating the County of Illinois had been passed by the Legislature of Virginia, and at Williamsburg, the capital then of the newly made State, in the very mansion of the royal rulers of the whilom Colony. Patrick Henry indited his letter of appointment to John Todd, and entered it in the book already referred to. It occupies the first five pages and is in Patrick Henry's own handwriting. This book, made precious by his pen, was intrusted to a faithful messenger, who carried it from tidewater across the mountains to Fort Pitt, thence down the Ohio until he met with its destined recipient, and delivered to him his credentials. It is supposed that Todd received it at Vincennes, then known to Virginians as St. Vincent, not long after the surrender of that place on the 24th of February, 1779, and thereupon assumed his new duties. This old record book, of itself, forms an interesting chapter in the history of Illinois; but our space will admit of only a brief extract or two from its contents. The following is in Todd's own handwriting, and no doubt will sound strangely enough to many of our readers at the present day. We give it verbatim et literatum, as follows: "Illinois, to-wit: To Richard Winston, Esq., Sheriff in chief of the district of Kaskaskia. " Negro Manuel, a slave in your custody, is condemned by the Court of Kaskaskia, after having made honorable Fine at the Door of the Church, to be chained to a post at the Water Side and there to be burnt alive and his ashes scattered, as appears to me by Record. This Sentence you are hereby required to put in execution on tuesday next at 9 o'clock in the morning, and this shall be your warrant. Given under my hand and seal at Kaskaskia the 13th day of June in the third year of the Commonwealth." It is a grim record and reveals a dark chapter in the early history of Illinois. It is startling, and somewhat humiliating, too, to reflect that barely one hundred years ago, that within the territory now composing this great State, a court of law deliberately sentenced a human being to be burnt alive! It is palpable that the inhuman penalty was fixed by the court, and as the statute deprived the commandant of the power to pardon in such cases, it is probable that the sentence was actually executed. The cruel form of death, the color of the unfortunate victim, and the scattering of the ashes, all seem to indicate that this was one of the instances of the imagined crime of Voudouism, or negro witchcraft, for which it is known that some persons suffered in the Illinois country in the early period. Reynolds, in his "Pioneer History," recites a similar instance to the one above given, as occurring in 1790, at Cahokia. A few words additional, of John Todd, the first civil Governor of "the Illinois Country," and we will take up the organization of Crawford County. In the spring of 1780, Todd was elected a delegate from the County of Kentucky to the Legislature of Virginia. In November following, Kentucky was divided into three counties, viz.: Fayette, Lincoln and Jefferson, and in 1781, Thomas Jefferson, who had become Governor of Virginia, appointed Todd Colonel of Fayette County, and Daniel Boone, Lieutenant-Colonel. In the summer of 1782, Todd visited Richmond, Va., on business of the Illinois Country, where, it is said, he had concluded to reside permanently, and stopped at Lexington, Ky., on his return. While here, an Indian attack on a frontier settlement summoned the militia to arms, and Todd, as senior colonel, took command of the little army sent in pursuit of the retreating savages. It included Boone and many other pioneers of note. At the Blue Licks, on the 18th of August, 1782, they overtook the enemy, but the headlong courage of those who would not follow the prudent counsels of Todd and Boone, precipitated an action which proved more disastrous to the whites than any ever fought on Kentucky soil—that early theater of savage warfare. One third of those who went into the battle were killed outright, and many others wounded. Among the slain was the veteran Todd, who fell gallantly fighting at the head of his men. Near the spot where he fell, on the brow of a small hill overlooking Blue Licks, his remains repose under the pines. On the 18th of August last (1882) the centennial of the disastrous battle of Blue Licks was held upon the ground where it was fought, and a resolution adopted to erect a monument to the heroes who there fell in defense of their country. Gen. Arthur St. Clair, Governor of the Northwest Territory, in company with the Territorial judges, went, in the spring of 1790, to Cahokia, where, by proclamation, he organized the County of St. Clair, the first formed in what now comprises the State of Illinois, and its capital was fixed at Kaskaskia. Randolph was the next county created in Illinois, and its organization dates back to 1795. No more counties were made until the session of the Territorial Legislature of 1811—12, when there were three formed, viz.: Madison, Gallatin and Johnson. At the session of 1814, Edwards was created, and at the session of 1816, White, Jackson, Monroe, Pope and Crawford were formed. At the last session of the Territorial Legislature, and previous to the admission of Illinois as a State, Franklin, Washington, Union, Bond and Wayne Counties were organized. Thus it will be seen, that Crawford was the eleventh county formed in the State. It is believed to have been named for Gen. William Crawford, a Revolutionary soldier, who commanded an expedition against the Wyandot Indians in the "Ohio Country," in 1782; was captured by them and burned at the stake, at a spot included in the original limits of Crawford County, Ohio. The act of the Territorial Legislature for the formation of this county was passed at the session of 1816-17, and is as follows: An act for the division of Edwards County: Be it enacted by the Legislative Council and House of Representatives of the Illinois Territory, and it is hereby enacted by the authority of the same: That all that tract of country within the following boundaries, to-wit: Beginning at the mouth of the Embarras River, and running with the said River to the intersection of the line dividing Townships number three and four north, of range eleven west of the second principal meridian; thence west with said township line to the meridian, and then due north until it strikes the line of Upper Canada; thence to the line that separates this Territory from the State of Indiana, and thence south with said division line to the beginning, shall constitute a separate County, to be called CRAWFORD; and the seat of justice shall be at the house of Edward N. Cullom, until it shall be permanently established, in the following method, that is: Three persons shall be appointed, to-wit: John Dunlap, Thomas Handy and Thomas Kennedy, which said commissioners, or a majority of them, being duly sworn before some judge or justice of the peace of this Territory, to faithfully take into view the situation of the settlements, the geography of the county, the convenience of the people, and the eligibility of the place, shall meet on the second Monday in March next, at the house of Edward N. Cullom, and proceed to examine and determine on the place for the permanent seat of justice, and designate the same: Provided, the proprietor or proprietors of the land shall give to said county, for the purpose of erecting public buildings, a quantity of land at said place not less than twenty acres, to be laid out in lots and sold for the above purpose. But should the said proprietor or proprietors refuse or neglect to make the said donation aforesaid, then in that case it shall be the duty of the commissioners to fix upon some other place for the seat of justice, as convenient as may be to the different settlements in said county, which place, when fixed and determined on, the said commissioners shall certify under their hands and seals, and return the same to the next county court in the county aforesaid: and as a compensation for their services, they shall each be al owed two dollars for every day they be necessarily employed in fixing the aforesaid seat of justice, to be paid out of the county levy, which said court shall cause an entry thereof to be made on their records, etc., etc. SETH GARD, Speaker of the House of Representatives, pro tempore. . PIERRE MENARD, President of the Legislative Council. Approved, December 31, 1816. NINIAN EDWARDS. The remaining sections of the act, of which there are two or three, are not pertinent to the subject under consideration. From some cause, the commissioners did not locate the seat of justice at the time specified in the foregoing act, as will be seen further on in the proceedings of the court. At the time of organization all county business was done by justices of the peace, instead of by county commissioners, as was the custom a few years Inter, or by supervisors as at the present day. The first term of the County Court was held at the house of Edward N. Cullom, near the present town of Palestine, on the 26th day of February, 1817. From this record it will be seen that the county was fully organized and its civil machinery set in motion, without any unnecessary delay, from the approval of the act (December 31, 1816.) This first term of court was held by Edward N. Cullom and John Dunlap, justices of the peace; Edward H. Piper, clerk, and Francis Cullom, sheriff. The first act of the court was to accept the bond of Cullom as sheriff. Then Joseph Malcom was sworn in as a constable. The next act was to "divide the county into districts or election precincts," as follows: The first comprised the tract of country from the mouth of the Embarras River, which was the southern boundary of the county, extending up the Wabash River to the center of township five, thence west to the county line, and was named "Allison." The second, all that country between the center of townships five and eight, and was called "Lamotte." The third included all north of township eight to Canada, and was named "Union." Assessors were appointed for these precincts as follows: George W. Kincaid in Allison; Joel Cheek in Lamotte, and Isaac Moore in Union. The following was the tax levied: On all horses, mares, mules and asses, 37 1/2 cents per head; on all stallions the sums for which the owners charge for their services; on all unmarried men over 21 years of age, and who had not $200 worth of taxable property, one dollar; on each bondsmen or slave over the age of 16 years, one dollar; on all mansion houses, which included houses of all kinds, thirty cents on the hundred dollars valuation; on the ferry of James Gibson, five dollars; and on the ferry of E. Twombley, three dollars. The rates of ferriage across the Wabash was fixed at the following: a wagon and team, 75 cents; a two-wheeled carriage, 37 1/2 cents; a man and horse, 12 1/2 cents; a man on foot 6 1/4 cents; cattle four cents a head, and sheep and hogs two cents a head each. Fence viewers and road overseers were appointed for the different precincts, and then court adjourned, having completed its work for the term. The second term of County Court convened at the same place, and was held by Edward N. Cullom, John Dunlap and Isaac Moore, embracing the 23d and 24th days of June, 1817. Permission was granted by the court to Isaac Parker to build a "water mill" on Mill Creek, about twenty-five miles north of Palestine. The laying out of roads occupied a portion of the time of the honorable court, and we find that James Caldwell, George Catron and William Lockard were appointed to "view and mark out a road" from Edward N. Cullom's, on Lamotte prairie, to the head of Walnut prairie, and Smith Shaw, Benjamin Eaton and Francis Cullom were appointed to view out a road from the same place (Cullom's) to Arthur Jones' ferry. Several other roads were ordered laid out; also the county officers filed their bonds. Edward H. Piper as county clerk, Allen McGahey as the first coroner, and John Dunlap as first county surveyor, which concluded the business of the term. A third term was held also at Cullom's, in October, which was taken up mostly in ordering roads laid out, and other, routine business, not specially interesting to the general reader. Edward N. Cullom, at this early period, seems to have been the animating spirit of the community, and his bustling activity found ample scope for its exercise. In the newly-formed court he presided as one of the justices; he originated and superintended many of the public enterprises of the time, and for many years was one of the most active and enterprising men in the settlement. His home for some time was the actual capital of the county, for Palestine "Was then a city only in name, The houses and barns had not yet a frame, The streets and the squares no mortal could see, And the woodman's ax had scarce hit a tree." The courts were held at his house; roads were laid out from thence to radiating points, and, indeed, it seems to have been the center round which the little community revolved. The county had no other capital until the laying out of Palestine some two years or more after the organization of the county. At the fourth term of the court—held, as usual, at Cullom's, on the 6th, 7th and 8th days of April, 1818, by Samuel Harris, George W. Kinkade, James Shaw, Smith Shaw, and Joseph Kitchell, the following report was received on the third day of the term, from Seth Gard and Peter Keene, who had been appointed by the Legislature in place of those mentioned in the original act, to locate the county seat: "The center of the public square to be eighty roods north of the southeast corner of the southeast quarter of section 31, in township 7 north, range 11 west. The center of said public square to extend exactly on the line dividing sections 34 and 35 in the township and range above stated. The donation given to the county to be one equal half of sixty acres of ground, to be laid off on the following quarter section: To be laid the whole length of the southeast quarter of section 34, as above stated, and on the east side of said quarter, and the whole length of the southwest quarter of section 35, to be laid the whole length of said quarter, and on the west side of the same." On the land thus described in the above report of the commissioners, the town of Palestine was laid out into one hundred and sixty lots, with streets and alleys, and became the seat of justice of Crawford County, an honor it held until the growth and increase of population demanded a more eligible location, when it was moved nearer to the center of the county. The land upon which the town was laid out, was owned by Edward N. Cullom and Joseph Kitchell; that on the east side of the square by Cullom, and that on the west side by Kitchell. Each alternate lot was donated to the county by the proprietors, in consideration of the establishing of the county seat upon their land. David Porter was appointed agent of the county, with authority to sell the lots thus donated. Lots were sold by him from time to time, and houses were erected upon them; people moved in and took up their abode, inaugurating business of different kinds, and the place grew slowly, but steadily, into a town. As "-cities rise and sink Like bubbles on the water," so Palestine rose to prominence, and for many years was a place of considerable importance —in fact the Athens of the State. Aside from Kaskaskia and Vandalia, the first two State capitals, there are few points in Ilinois richer in historical lore. It was the county seat; the land office was located there, and doubtless it would have become the capital instead of Vandalia, but for its unfortunate geographical position on the extreme border of the State. Within its precincts assembled the wise and great, the pleasure seeker, the rich and the fair—the creme de la creme of the whole frontier, for social interchange and enjoyment. But the gay little city reached the zenith of its prosperity, and then its star began to wane. From the removal of the seat of justice to Robinson may be dated its decline, and the growth of the latter place proved the death of its glory and magnificence. It is almost as dead to the energy and enterprise of this fast age of improvement as though lying buried as deep as Pompeii beneath the lava from Vesuvius. Its decaying buildings show the ivy clinging to their moldering turrets and "hoary lichen springing from the disjointed stones." Mocked by its own desolation, the " bat, shrill shrieking woos its flickering mate," and the "serpents hiss and the wild birds scream." As has been said of ancient Rome, "The spider weaves its web in her palaces; The owl sings his watch-song in her towers." The agitation consequent to the removal of the county seat commenced as early as 1840. Hutsonville conceived a jealousy of Palestine, and itself sought to become the seat of justice. Originally York had contested the right of Palestine to that glory, and losing the honor, had kicked clear out of the harness, and kicked herself into Clark County. Through the efforts of Hutsonville, and other interested parties, the matter was brought to a vote of the people, at the election held in August, 1843. Hutsonville by this time had given up the contest, and retired from the race. Five other places, however, bid for it, as follows: on 40 acres donated by Finley Paull, Wm. Wilson, and R. A. and Jno. W. Wilson, (now Robinson); 40 acres donated by P. C. Barlow; the same amount donated by Nelson Hawley; Palestine and the geographical center of the county. The vote stood: The donation of Paull and others —213 votes; donation of Barlow—133 votes; donation of Hawley—38 votes; Palestine— 132 votes; and the center—9 votes. No one of these received a majority of the votes cast, and the question was again submitted to the people on the 12th day of October following, with the condition that the two places receiving the highest number of votes at the first election, should alone be voted on. The result was as follows: The point offered by Paull, Wilson and others—351 votes, and that offered by Barlow—184 votes. Thus Paull and the Wilsons received the majority, and their donation became the county seat. A town was laid out, and named Robinson, in honor of Hon. John M. Robinson, a lawyer well known here some years ago. At the same term of court, at which Gard and Keene made their report, locating the county seat at Palestine, an order was passed making "wolf scalps" at $2 apiece, a legal tender. These "trophies of the chase " passed current for "whisky, tobacco and other necessaries of life," and were also receivable, by order of the court, for county taxes. It may be of interest to some of our readers, who were unacquainted with the "wolf scalpers" of that day, to give a few of their names and the number of scalps presented by each at a single term of court. They are as follows: Jan Martin, one scalp; J. Gallon, one; John Garrard, one; Chalkey Draper, one; John Berry, one; James Gain, nine; John Allison, three; George W. Carter, one; John Miller, one; John Waldrop, five; Hugh Miller, three; Jacob Blaze, two; Thomas Handy, ten; Wm. Y. Hackett, one; James Gill, two; Abraham Coonrod, two; Wm. Lowe, one; Francis Cullom, ten; making a total of fifty-five scalps, yielding quite a revenue for that day. This term of court also regulated the price tavern-keepers might charge for their exhilerating beverages—all who sold whisky at retail had to take out tavern-license and were forced to keep sufficient house room to accommodate a certain number of persons, together with stable room for their horses. The prices were: For half a pint of wine, French brandy or rum, 50 cents; half a pint of peach or apple brandy, 18 3/4 cents; half a pint of whisky, 12 1/2 cents: for a horse feed, 12 1/2 cents, and for a meal's victuals, 25 cents. The most important business transacted at the fifth term of court, (held as usual at Cullom's) was the passing of an order for building a jail. Hitherto the people were so simple and honest as to require no prison, and indeed, but few of the restraining influences of the law. But as they grew in numbers and increased in civilization it became necessary to erect court houses and jails for the purpose of awing evil-doers into submission to the requirements of society. This prison was ordered to be built of hewn timber, twelve inches square, and was considered, in those pioneer times, quite a terror to all who dared trample upon the majesty of the law. The contract was let to the lowest bidder, on the 22d day of August, 1818. Joseph Wood drew the prize, and was to receive for the job $514.00, one half of which was to be paid when the work was completed, and the remainder twelve months after completion. Mr. Piper, the clerk, was appointed manager of the work on the part of the county. Commencing on the 7th of December, 1818, Joseph Kitchell, David Porter and Thomas Anderson, held the sixth and last term of the County Court under the old Territorial laws. The usual routine of business was despatched, but nothing of sufficient importance to necessitate the transcribing of it in these pages. A new era now commenced in doing the county business. Illinois had been admitted (in 1818) as a State into the Federal Union; a State Constitution had been framed and adopted, and the laws materially changed in many respects. County business was now transacted by three officials, styled County Commissioners, and Wickliffe Kitchell, Edward N. Cullom, and William Barbee were chosen the first Commissioners of Crawford County. They held their first court in the tavern of James Wilson, in the town of Palestine, commencing on the 7th day of June, 1819; Edward H. Piper, clerk, and John S. Woodworth, sheriff. Thomas Kennedy was appointed county treasurer. The county was now nearly three years old, its machinery was running smoothly, and everything indicated future prosperity. Court Houses.—At the December term (1819) of the County Commissioners' Court, the jail, which had been built by Joseph Wood, was officially received. A contract had previously been let for building a court house, to William Lindsey, of Vincennes, but some dissatisfaction was evinced by the commissioners, as to quality and workmanship of the brick work of the building, and they called on Thomas Westfall, D. McHenry and Jonathan Young, three brick masons, to judge and determine the work and material, which they did, and decided in favor of Lindsey, the contractor. The building was officially received at a special term held the latter part of December, and the court paid Westfall, McHenry and Young $9 for their services as referees. The new court house was occupied for the first time at the March term of the court, 1820. The following order was made at a term of court held in October of the same year: "That Venetian blinds be made for the court house in Palestine and slips to shut them against; the two doors be faced with strong 'ruff' scantling, and double batten shutters be made and hung to each; that the windows and doors be hung with good wrought or cast hinges, and each side be cornished up with good, neat, solid cornish, like that on the steam saw-mill at Vincennes." The court house had been built of very poor material and worse workmanship, but was received by the court. There was trouble, however, between the contractor and the commissioners in regard to the pay for it, and suit was finally brought by Lindsey, in the Circuit Court of Edwards County, and judgment obtained in his favor for $1,768.64. It served as a court house for several years, but the material of which it was composed was of such inferior quality, that the building was never entirely finished. It was struck three times by lightning and the walls so injured that it became necessary to take them down; which was done, and the material sold. A part of the brick is now in Lagow's house in Palestine. The county was now without a court house, and was compelled to rent rooms wherever it could, and often the Circuit Court and grand jury occupied rooms in different parts of the town. At the March term of the Commissioners' Court in 1830, it was ordered, "that a frame court house be built on the southwest corner of the public square," which was afterward let out to the lowest bidder. David Porter furnished the hewn timbers for $119, and the contract for building was let to Benjamin Myers and others, or, as they were then called the "seven Jesses," they being a family of seven brothers, and Jesse was the leading one of them. The house was completed, but unfortunately for all parties concerned, the night before it was to have been received by the court "some malicious person or persons" set fire to it, and it was entirely consumed. The loss to the county was as great as to the contractors, either party being illy able to sustain it, but the county bore the greater part of it, as on the 7th of March, 1833, we find from the records that the court allowed Myers $460.50 for work done on the house and material furnished, which was burned. Thus the county was again without a court house, but at the December term of the court in the year 1832, John Boyd, James H. Wilson and Asa Norton, the then county commissioners, ordered, "that another court house be built on the same ground, and of the same kind and size of the one burnt." It was built by Presley O. Wilson and Sewell Goodridge, and is still standing. It was used for a court house until the county seat was removed to Robinson, since which time it has been used for various purposes; lately by the Christian Church as a house of worship. When the county seat was moved to Robinson in 1843, the first term of court was held in a frame house that stood on the corner where the Robinson Clothing Store now is, and the next in a frame house at the southwest corner of the square belonging to Mr. Wilson. The present court house was built in 1844, at a cost of about $4,200. It has several times been remodeled and improved, and at the present time sadly needs improving with a new one. The court house was built and paid for out of what was known as the "bonus fund." This was a fund received partly from the sale of the saline and mineral lands, and partly from the State, under an act of the Legislature, donating to each county that was without railroads or canals, a certain sum of money, for the purpose of building bridges and improving their roads. It was sometimes called "hush money," as it was intended to hush any grumbling on the part of the county receiving it at not getting its share of internal improvement. The county received as her bonus several thousand dollars, which was placed at interest, and used as occasion required. The old log jail was moved from Palestine with the county seat, but in 1845, a brick jail was built. It was a poor affair, and about 1855-6, another was built with iron cells. This, however, was deemed unhealthy, and in 1877, the present stone jail was built, southeast of the court house, and in connection with the sheriff's residence. Circuit Court.—The first Circuit Court, held for Crawford County, convened on Monday the 15th day of September, 1817, at the house of Edward N. Cullom, agreeably to an act of the General Assembly, passed at its last session, and was presided over by the "Honorable Thomas Towles, Judge." The following are the names of the first grand jury: William Howard, foreman; Daniel Travis, William Travis, Thomas Mills, Ira Allison, Samuel Allison, Asahel Haskins, John Waldrop, Sen., Richard Eaton, Thomas Jones, Daniel Martin, William Garrard, Benj. Parker, Jonas Painter, Samuel Brimberry, Peter Price, John Lamb, William Everman, William Hicks, George Smith and Newberry York, who were "sworn to inquire for the County of Crawford," and who "received their charge and retired out of court to consider of their presentment." The first case was as follows: STEPHEN BECK, Plaintiff, ) Against ) In Debt. JOSEPH BOGART, Defendant. ) It was a plain suit for debt, and the defendant, Bogart, confessed the same and judgment was rendered accordingly. The next case EUSHA BRADBERRY, Plaintiff, ) Assault and Against ) Battery ROBERT GILL, Defendant. ) was a jury case, and it was tried before the following jury: Thomas Wilson, Ithra Byshears, Joseph Shaw, John Funk, Andrew Montgomery, John R. Adams, James Moore, Joseph Eaton, Joseph Wood, Isaac Parker, George Bogher and James Gibson. The jury found a verdict for the plaintiff of $37.02, which was approved by the court. There were a few other trifling cases, and among the proceedings the following order was entered upon the record: "Ordered that Thomas Handy, Charles Neeley and John Funk, Jr., be summoned here at the next term of this court to show cause why they shall not be fined for failing to attend as grand jurors agreeably to the summons of the sheriff." Then the grand jury reported their indictments, among which we note the following one: UNITED STATES ) Indictment for bringing Against ) home a hog without CORNELIUS TAYLOR. ) the ears. Court then adjourned until eight o'clock the next morning, and, when it met, it adjourned "until court in course." We find no record of another term of the Circuit Court being: held, until on Wednesday, July 7, 1819, in Palestine, with Honorable Thomas C. Brown as presiding judge, and William Wilson, circuit attorney. Among the indictments made by the grand jury at this term was the following: THE STATE OP ILLINOIS ) vs. ) Indictment for WILLIAM KILBUCK, ) Murder. CAPTAIN THOMAS, ) A true bill. BIG PANTHER. ) The parties named were three Delaware Indians, who were charged with the murder of Thomas McCall, under the following circumstances: Cornelius Taylor kept a still house, and had been forbidden to let the Indians have whisky without a written order from proper authority. McCall was a surveyor, and had been in the habit of sometimes trading with the Indians, and it is said, used to occasionally give them an order to Taylor for whisky. The Indians named in the indictment went to McCall and begged him for "fire-water," and finally to rid himself of their importunities wrote something on a piece of paper which he handed them, and which they supposed was the necessary order. They went to Taylor with it, who read it aloud to them. It was an order—but an order not to let them have the whisky. The Indians were so incensed that, to gratify their revenge, they murdered McCall. They were indicted and tried at the term of the court convened, as already stated, July 7,1819. The trial of the Indians was set for the 9th, the third day of the term. The following are the jury: Jas. Shaw, Smith Shaw, John Barlow, Jas. Watts, Wm. Barbee, Wm. Wilson, David Van Winkle, John Waldrop, James Kennedy, Isaac Lewis, Joseph Shaw and Gabriel Funk. The jury, upon hearing the evidence, returned a verdict of "guilty." A motion was then made to arrest judgment, which motion was sustained by the court, and a new trial ordered. This time Kilbuck was tried separately, found guilty by the jury, and sentenced by the court to be hanged on the 14th of July, 1819, but made his escape before the appointed day. Captain Thomas and Big Panther asked for a continuance, which was granted, and afterward a nolle prosequi was entered by the prosecuting attorney. So ended the Indian trial. For some ten years after the organization of the county most of the cases tried in the Circuit Court were for assault and battery; a few being for debt, and an occasional one for larceny. From the great number of assault and battery cases, it may be inferred that fighting was the popular amusement of the day. To get drunk and fight was so common that a man who did not indulge in these pastimes was considered effeminate and cowardly. To be considered the "best man," that is, the best fighter, or as we would say to-day, the greatest bully, and rough, was an honor as much coveted and sought after by a certain class, as in this enlightened age, is honor and greatness. This rude state of society brought to the surface some of the roughest characters of the frontier. For instance, at a single term of the Circuit Court, we find that one Cornelius Taylor was indicted for larceny, for assault and battery, for rape, etc., etc. He was a bad man and a detriment to the prosperity and welfare of the community. With an utter disregard for law and order, he preyed upon others, and there are those who knew him still living to bear witness to his numerous shortcomings. There were many charges against him, which were doubtless true, among which were horse-stealing, hog-stealing, and even darker crimes were hinted at in connection with him. In proof of the rough state of society, the following speaks for itself and is but one of many: THE PEOPLE OF THE STATE ) Indictment for OF ILLINOIS, Plf., ) Assault and Vs. ) Battery HUGH DAIL, Defendant. ) "Be it remembered that heretofore to wit, on the 12th day of May, 1824, it being the third day of the May term of the said court, the grand jury, by John M. Robinson, circuit attorney, filed in the clerk's office of said Circuit Court, a certain bill of indictment against said defendant, which indictment is in the words and figures following, to wit: STATE OF ILLINOIS, ) Crawford County. ) At the Circuit Court of the May term, in the year of our Lord 1824. The grand jury of the people of the State of Illinois, empanneled, charged and sworn to inquire for the body of the said County of Crawford in the name and by the authority of the people of the State of Illinois, upon their oath present that Hugh Dail, late of the township of Palestine, in the said County of Crawford, laborer, on the first day of May, in the year of our Lord 1824, with force and arms, in the township aforesaid, and county aforesaid, in and upon Isaac Meek did make an assault, and him, the said Isaac, then and there did beat, bruise, wound and threat and other wrongs to the said Isaac then and there did, to the great damage of the said Isaac, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Illinois." (Signed,) JOHN M. ROBINSON, Co. Att'y. Upon this voluminous and very lucid document, was issued the following iron-clad writ, "in the words and figures following: to wit:" "The people of the State of Illinois to the Sheriff of Crawford County, greeting: We command you to take Hugh Dail, if he be found in your bailmick, and him safely keep, so that you have his body before the judge of our Crawford Circuit Court at the court house in Palestine, on the first day of our next October term, to answer the people of the State of Illinois in an indictment prefered [sic] against him by the grand jury at the last May term, for assault and battery, and have then there this writ." WITNESS. "EDWARD H. PIPER, Clerk &c, of said Court this 23d day of _____ [SEAL.] 1824, and the 48th year of the Independence of the United States. EDWARD H. PIPER, Clerk." A return made upon the back of the writ by the sheriff showed that Dail was not in his "bailmick," whereupon a writ was issued to the sheriff of Edgar County for him, and in due time he was produced, acknowledged his offense in court, and was fined the enormous sum of 50 cents and "costs." The courts moved on in the usual manner of all backwoods counties, having plenty of business, such as it was, upon the dockets at the different tribunals, and which was generally dispatched in a summary, backwoods style, distinguished quite as much for equity and fairness between man and man, as in accordance with the wisdom of Blackstone. County Officers.—The first county commissioners, or as they were then called, county justices of the peace, were elected or appointed February 26, 1817, and were E. N. Cullom, John Dunlap and Isaac Moore. The next year, 1818, this board was increased to twelve, as follows: E. N. Cullom, Samuel Harris, Geo. W. Kincaid, James Shaw, Smith Shaw, Joseph Kitchell, S. B. A. Carter, Chester Fitch, Wm. Lockard, David Porter, David McGahey and Thomas Anderson. In 1819, it dropped back to three commissioners—E. N. Cullom, Wickliffe Kitchell and William Barbee; in 1820, David Stewart, Aaron Ball and Henry M. Gilham; in 1821, Aaron Ball, David Stewart and E. N. Cullom; in 1822, Daniel Funk, Enoch Wilhite and Zephaniah Lewis; in 1823, Daniel Funk, John Sackrider and Enoch Wilhite; in 1824, Daniel Funk, John Sackrider and William Highsmith; in 1826, Daniel Funk, Daniel Boatright and Bottsford Comstock; in 1828, Wm. Highsmith, Wm. Magill and Doctor Hill; in 1832, Asa Norton, Jas. H. Wilson and John Boyd; in 1834, Asa Norton, Gabriel Funk and John Boyd; In 1836, John Boyd, Eli Adams and Wm. Cox; in 1838, L. D. Cullom, Daniel Boatright and John Boyd; in 1839, Wm. Highsmith, Daniel Boatright and Wm. Gill; in 1840, Wm. Gill, Wm. Highsmith and Wm. Mitchell; in 1841, Wm. Highsmith, Wm. Mitchell and John Musgrave; in 1843, Wm. Highsmith, John Musgrave and Lott Watts; in 1844, Wm. Highsmith, Lott Watts and John Boyd; in 1845, John Boyd, Lott Watts and Benj. Beckwith; in 1846 a probate judge was added, and Presley O. Wilson was elected to the office, which he filled until 1849, with the following commissioners: 1846, Boyd, Watts and Beckwith; 1847, Beckwith, F. M. Brown and John Newlin; 1848, Brown, Newlin and Wm. Reavill. In 1849 another change was made. A county judge, with Associate Justices, composed the board, as follows: J. B. Trimble, county judge, and Isaac Wilkin and John B. Harper, associates; in 1853, Richard G. Morris, county judge, and Jas. F. Hand and Win. Reavill, associates; in 1855, John W. Steers, county judge, and Wm. Reavill and James F. Hand, associates; in 1857, W. H. Sterrett, county judge, and Hand and John Shaw, associates; in 1861, Wm. C. Dickson, county judge, and D. W. Odell and J. J. Petri, associates; in 1865, Dickson, county judge, and Benj. Price and I. D. Mail, associates; in 1867-8 still another change was made in the management of county business. The county adopted township organization, and H. Alexander was county judge; in 1869, John B. Harper, county judge; in 1877, Wm. C. Jones; in 1879, Franklin Robb, and in 1882, J. C. Olwin, who is the present county judge. Circuit and County Clerks.—Edward H. Piper was both circuit and county clerk from the organization of the county to 1835. The offices were then separated, and A. G. Lagow was made county clerk, and D. W. Stark, circuit clerk; in 1837, E. L. Patton became county clerk, and in 1838, W. B. Baker became both county and circuit clerk, which positions he held until 1848, when they were again separated, and James H. Steel became county clerk, and C. M. Hamilton, circuit clerk; in 1849, Wm. Cox was elected circuit clerk, but died, and Wm. Barbee became clerk; in 1854, he was succeeded by John T. Cox, who in 1856 was succeeded by Hiram Johnson, and he by Wm. Johnson, in 1865; in 1866, Sing B. Allen was elected to the office, and in 1876 he was succeeded by our Fat Contributor, the only, the funny and good-natured John Thomas Cox, the present courteous and accommodating incumbent. Mr. Steel remained county clerk until 1857, when the elder John T. Cox was elected. He was succeeded by Wm. C. Wilson, familiarly known as "Carl" Wilson, who held the office until 1877, when he surrendered it to David Reavill. The latter died before his term expired, and T. S. Price was appointed to fill out the term, when he was re-elected, and is at present the county clerk. Sheriffs.—Francis Cullom was the first sheriff of the county; in 1818, John S. Woodworth was sheriff; in 1823, John Houston; in 1826, Joel Phelps; in 1827, A. M. Houston; in 1829, E. W. Kellogg; in 1835, John Eastburn; in 1838, Presley O. Wilson; in 1840, R. Arnold; in 1844, L. D. Cullom; in 1850, J. M. Grimes; in 1852, H. Johnson; in 1854, D. D. Fowler; in 1856, John D. Newlin; in 1858, David Little; in 1860, Wm. Reavill; in 1862, Wm. Johnson; in 1864, H. Henderson; in 1866, Wm. Reavill; in 1868, David Reavill; in 1870, R. Leach; in 1872, A. B. Houston; in 1874, H. Henderson; in 1876, Wm. Johnson; in 1878, S. T. Lindsey; in 1880, John M. Highsmith, and in 1882, D. M. Bales. Treasurers.—The first treasurer of the county was Thomas Kennedy; in 1824, John Houston was elected treasurer; in 1826, John Malcom; in 1833, Charles Kitchell; in 1835, Daniel Hubble; in 1836, John L. Buskirk; in 1837, John A. Williams; in 1839, Finley Paull; in 1844, James Weaver; in 1845, Jas. S. Otey; in 1846, C. H. Fitch; in 1853, W. C. Wilson; in 1855, James Mitchell; in 1861, Samson Taylor; in 1867, John C. Page; in 1871, Wm. Reavill; in 1873, Wm. Updyke; in 1879, I. D. Mail, and in 1882, Samson Taylor. Surveyors and Coroners.—John Dunlap was the first surveyor, and Allen McGahey the first coroner, who was succeeded by Jonathan Wood in 1820. In 1822 George Calhoun was appointed county surveyor, but shortly after was succeeded by Jacob Helpingstiene; in 1823 George Calhoun was again appointed; in 1838 W. B. Baker was appointed; in 1846, C. H. Fitch; in 1847, Jas. H. Steel; in 1850, H. B. Jolly; after which we lose trace of the office. School Commissioners.—-As early as 1819, R. C. Ford was appointed school commissioner by act of the Legislature, and in 1832 Thos. Kennedy was appointed; in 1836 he was succeeded by Wm. Barbee; in 1841 Finley Paull was appointed; in 1842, Jas. S. Otey; in 1845, Nelson Hawley; in 1853, F. Robb; in 1856, Jno. T. Cox; in 1867, Geo. W. Peck; in 1861, John C. Page; in 1865, Geo. N. Parker; in 1869, S. A. Burner; in 1873, P. G. Bradberry; in 1876, G. W. Henderson; in 1880, Hugh McHatton; and in 1882, H. O. Hiser. State Senators.—First session, 1818-20. Joseph Kitchell; 1820-22, Joseph Kitchell; 1822-24, Dan'l Parker; 1824-26, Dan'l Parker; 1826-28, Wm. B. Archer; 1828-30, Wickliffe Kitchell; 1830-32, Wickliffe Kitchell; 1832-34, David McGahey; 1834-36, David McGahey; 1836-38, Peter Pruyne; 1838 -40, Abner Greer; 1840-42, John Houston; 1842-44, John Houston; 1844-46, Sam'l Dunlap; 1846-48, Sam'l Dunlap; 1848-50 (the State had been re-districted; and Crawford was a part of the 9th district), Uri Manly; 1850-52, Josiah R. Winn; 1852-54, J. R, Winn; 1854-56, Mortimer O'Kean; 1856-58, Mortimer O'Kean; 1858-60, Mortimer O'Kean; 1860-62, Presley Funkhouser; 1862 -64, Sam'l Moffatt; 1864-66, Andrew J. Hunter; 1866-68, A. J. Hunter; 1868-70, Edwin Harlan; 1870-72, John Jackson and Edwin Harlan; 1872-74, Wm. J. Crews; 1874-76, O. V. Smith; 1876-78, O. V. Smith; 1878-80, Wm. C. Wilson; 1880-82, Wm. C. Wilson; 1882-84, W. H. McNairy. Representatives.—First session, 1818-20, David Porter; 1820-22, Abraham Cairns; 1822-24, R. C. Ford; 1824-26, David McGahey; 1826-28, John C. Alexander; 1828-30, J. C. Alexander; 1830-32, J. C. Alexander; 1832-34, William Highsmith; 1834-36, J. D. McGahey; 1836-38, Wilson Lagow; 1838 -40; H. Alexander; 1840-42, Wm. Wilson; 1842-44, Wm. Wilson; 1844-46, R. G. Morris; 1846-48, M. Boyle; 1848-50,* R. G. Morris; 1850-52, Jas. C. Allen; 1852-54, W. H. Sterritt; 1854-56 (Crawford was now in 17th district), Randolph Heath; 1856-58, Isaac Wilson; 1858-60, H. C. McCleave; 1860 —62, Aaron Shaw; 1862-64 (Crawford was now in the 11th district), David W. Odell; 1864-66, Thos. Cooper; 1866-68, D. W. Odell; 1868-70, Joseph Cooper; 1870-72, Wm. C. Jones, 1872-74 (Crawford was now in the 45th, with three Representatives from the district), Harmon Alexander, Thos. J. Golden and J. L. Flanders; 1874-76, E. Callahan, J. H. Halley and J. W. Briscoe; 1876-78, A. J. Reavill, J. H. Halley and Wm. Lindsey; 1878-80, A. J. Reavill J. W. Graham and J. R. Johnson; 1880-82, J. C. Olwin, J. C. Bryan and W. H. H. Mieur; 1882-84, Wm. Updyke, J. M. Honey and Grandison Clark. *The county was districted, and Crawford was a part of the 10th legislative district. Miscellaneous.—In the constitutional Convention held at Kaskaskia in July, 1818, Crawford was represented by Joseph Kitchell and Edward N. Cullom; in that of 1847-8, by Nelson Hawley; of 1862, by H. Alexander; of 1870, by James C. Allen. The county has furnished one Governor—Augustus C. French —1846 and 1849; in 1839 Wickliffe Kitchell was attorney-general; James C. Allen represented the district in the 33d, 34th and 38th Congress; James C. Allen, circuit judge, 1873; and in 1879 Wm. C. Jones, of Crawford, was elected circuit judge, and fills the office at the present time. Township Organization.—The county, as we have seen, was divided into three election precincts at the first session of the court, viz.: Allison, Lamotte and Union. As population increased, other counties were formed out of the vast territory of Crawford, Clark being set off in 1819, Lawrence in 1821, and Jasper in 1831: thus reducing the area of Crawford to its present dimensions. From the time when it was laid off into three precincts, its civil divisions were changed, divided and sub-divided, to suit the extent of territory and the increased population. Under the regime of commissioners, the county was divided into a certain number of election precincts which, with various changes, was at the close of the late war as follows: Hutsonville, Robinson, Watts, Licking, Martin, Franklin, Embarras, Northwest, Montgomery, Oblong, Palestine, Southwest. The Constitution adopted in 1847-8, contained the provision of township organization—a provision that was to be voted on by the people of each county, and leaving it optional with them to adopt or reject it in their respective counties. In accordance with the provisions of that Constitution, and in obedience to a demand from the people in the northern part of the State, who had observed its practical workings in the eastern States, the first township organization act was passed by the Legislature. But the law, in attempting to put it into practical operation, disclosed radical defects. It was revised and amended at the session of 1851, substantially as it has existed until the recent revision in 1871. The adoption of township organization marks an era in many of the counties of the State. The northern part of the State, settled by people from the east, principally, and who, as we have said, were familiar with the township system, adopted it first, the people in the southern part being much more slow to take hold of it. Crawford County adopted township organization in 1868, and the county was divided into townships as follows: All the territory known by Government survey as the north half of township 6 north, range 12 west; all of township 7 north, range 12 west, except one mile in width on the north side; also one mile in width off the east side of township 6 north, range 13 west, and sections 12, 13, 24, 25 and 36 of township 7 north, range 13 west, was formed into one township, and called Robinson. All the territory in fractional township 8 north, range 11 west, and all of township 8 north, range 12 west, also one mile in width off the east side of township 8 north, range 13 west; also one mile in width off the north side of township 7 north, ranges 11 and 12 west, and section 1 of township 7 north, range 13 west—was formed into a township and called Hutsonville. All of township 8 north, range 13 west, except one mile in width off the east side; also fractional township 8 north, range 14 west; also sections 2, 3, 4, 5 and 6 of township 7 north, range 13 west, and sections 1 and 2 of township 7 north, range 14 west, was formed into a township and called Licking. All of township 7 north, range 13 west, except one mile in width off the north and east sides; also all of fractional township 7 north, range 14 west, and sections 1 and 2 on the north side; also the north half of township 6 north, range 13 west, except sections 1,12 and 13; and north half of fractional township 6 north, range 14 west, was to be known as Oblong Township. All of fractional township 7 north, range 10 west, also township 7 north, range 11 west, except one mile in width on the north side, and the north half of township 6 north, ranges 10 and 11 west, to be known as Palestine Township. All of fractional township 5 north, range 10 west, and the south half of fractional township 6 north, range 10 west, also fractional township 5 north, range 11 west, and the south half of township 6 north, range 11 west, was to be known as Franklin Township. All of fractional township 5 north, range 12 west, also the south half of township 6 north, range 12 west, also sections 1, 12,13 and 24 of township 5 north, range 13 west, and sections 24, 25 and 36 of township 6 north, range 13 west, to be known as Hebron Township. All of township 5 north, range 13 west, except sections 1,12, 13 and 24, also south half of township 6 north, range 13 west, except sections 24, 25 and 36, also fractional township 5 north, range 14 west, and the south half of township 6 north, range 14 west, was to be known as Hardin Township. Upon reporting the names to the Auditor of State, it was found that four of the new townships bore the same names as townships in other counties of the State, and the following changes were made: Palestine was changed to Lamotte; Hardin to Martin; Hebron to Honey Creek, and Franklin to Montgomery Township. The first Board of Supervisors elected was as follows: Robinson Township, Dwight Newton; Palestine Township, John D. Shepard; Hutsonville Township, John Newlin, Sr.; Licking Township, R. R. Lincoln; Oblong Township, Wm. M. Douglas; Hardin Township, R. E. Haskins; Hebron Township, Henry Wierich, and Franklin Township, Jno. R. 'Rich. Since the division of the county into townships as described above, Southwest Township has been formed, comprising the territory south of the Embarras River. At present the townships are represented in the Board of Supervisors as follows: Robinson, John Collins; Hutsonville, Simpson Cox; Lamotte, T. N. Rafferty; Montgomery, Thos. R. Kent; Oblong, D. T. Newbold; Honey Creek, George H. Maxwell; Licking, F. M. Niblo; Martin, John Mulvane, and Southwest, J. C. Spillman. The township system of Illinois is not closely modeled after the New England States. There a Representative is sent directly from each town to the lower House of the Legislature. In New York, owing to her vast extent of territory, this was found to be impracticable, and a county assembly, denominated a Board of Supervisors, composed of a member from each township, was then established. This modified system has been copied almost exactly in this State. Townships are often compared by writers to petty republics, possessing unlimited sovereignty in matters of local concern; and Boards of Supervisors are often popularly supposed to be vested with certain limited legislative powers. Neither is the case. "Both the county and township boards are the mere fiscal agents. They hold the purse-strings of the counties: they may contract, incur debts, or create liabilities—very great powers, it is true—but they can not prescribe or vary the duties, nor control in any manner the county or township officers authorized by law. While the County Court of three members is a smaller, and, therefore, as a rule, more manageable or controllable body by outside influences, there is little doubt that a Board of Supervisors is not only more directly expensive, but also that a thousand and one petty claims of every conceivable character, having no foundation in law or justice, are constantly presented, and being loosely investigated, and tacitly allowed, aggregate no insignificant sum. Additional Comments: Extracted From: HISTORY OF CRAWFORD AND CLARK COUNTIES, ILLINOIS. EDITED BY WILLIAM HENRY PERRIN. ILLUSTRATED CHICAGO: O. L. BASKIN & CO., HISTORICAL PUBLISHERS, LAKESIDE BUILDING. 1883. File at: http://files.usgwarchives.net/il/crawford/history/1883/historyo/chapteri5ms.txt This file has been created by a form at http://www.poppet.org/ilfiles/ File size: 55.5 Kb