McDonough County IL Archives History - Books .....Various Matters, Chapter XII 1878
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Book Title: History Of McDonough County

CHAPTER XII.
VARIOUS MATTERS.

  The crime of murder has been rare in this county; in fact, we believe that in
proportion to its population there has been less crime in McDonough than in any
other county in the State. Occasionally we are shocked with the announcement of
a terrible murder committed in our midst. This was true on the morning of the
twenty-eighth day of May, 1854. On the evening before at about nine o'clock, the
alarm was given that James Dye, a wealthy farmer living in the west part of the
county on a farm known as the "Prentiss farm," was murdered. Neighbors of the
deceased at once gathered, and an investigation was made, when it was discovered
that Mr. Dye had been killed while lying in bed. An inquest was held upon the
body by S. H. McCandless, the coroner of the county. After examining the body
and carefully investigating the matter, the jury returned a verdict that the
deceased came to his death by violent and unlawful means; by the hands of his
own wife Rebecca, assisted by two accessories, David B. Burress and S. P. Ray,
all of whom were immediately arrested and committed to the county jail to await
a hearing before the Circuit Court.

  On the tenth day of October following the grand jury of the county found a
true bill of indictment against the above parties. The case being called in the
Circuit Court, a continuance was granted until the next term of the court. At
this term a change of venue was granted to David P. Burress, to Warren County,
and Mrs. Dye, to Fulton county. A nolle prosequi was entered in the case of Ray
and he was discharged from custody.

Mrs. Dye was duly tried at the April term of the Circuit Court of Fulton county,
the trial lasting nine days. It was probably the most exciting one that ever
took place in that county. The court room was crowded at every session, many
ladies being constantly in attendance. The counsel for the people were Messrs.
Goudy, of Fulton, Wheat, of Adams, and Schofield & Mack, of Hancock. For the
defense, Mrs. Dye secured the services of Messrs. Manning, of Peoria, Kellogg &
Ross, of Fulton, and Cyrus Walker, of McDonough. Probably a better array of
counsel could not have been secured in the entire State of Illinois. They were
all able men.

  William C. Goudy opened the case for the people. He told the jury that they
"were called upon to discharge the most solemn duty that ever devolved upon man,
in the discharge of which involved the life or death of a human being. The
evidence they had to offer was purely circumstantial. No living being was known
who saw the inhuman crime committed. But circumstantial evidence, in many cases,
was better than positive testimony葉he guilty mind always acts inconsistent with
its innocence, and this marks out its own accusation. This is one of God's marks
upon crime. To hunt out, follow up, and arrest a criminal are its daily uses. By
its aid the police of our cities are constantly bringing to light and arresting
the perpetrators of evil deeds, who would otherwise continue their crimes
unmolested The prisoner before you is indicted for the murder of her own
husband. The deceased came to his death by a blow upon the head from an axe or
hammer, or from a slung-shot in the breast, or from both. Three persons are
named in the bill of indictment, but you have only to inquire as to the guilt of
the prisoner before you. We expect to show acts and words between Burress and
the prisoner that will show their connection with the murder, and bring to your
mind uncontrovertible evidence of the prisoner's guilt. Should we do so, you
have but one duty to perform, and that we shall expect at your hands."

  Cyrus Walker, for the defense, opened the case, and spoke substantially as
follows: "The arrangement has been made by the counsel for the defense that I
should make the opening statement. I agree with the gentlemen that this is an
important case. You, gentlemen, are to decide a momentous question. The Emperor
of the Russias possesses no more power over the life of his subjects than you
have over the life of that lady. Her life is in your hands. You can hang her up
between the heavens and the earth, or you can send her home to her children,
from whom she has been torn by the iron rule of the law. You must expect the
case will be somewhat tedious; the issues involved are such it cannot be
otherwise. That woman before you, whose life you hold in your hands, is accused
of au unnatural crime. The difference between murder and manslaughter has been
fully and accurately stated to you by my friend, and it is in your province to
find her guilty of either, if the evidence should thus convince you. Certainty,
beyond a reasonable doubt, is required in all criminal cases葉he law rejects
preponderance. James Dye, the deceased, was a man between seventy and eighty
years of age. He was married twice. By his first wife he had twelve children.
Six years ago he was married to the accused, by whom he had three children, one
at the breast at the time of his murder. On Saturday, the twenty-seventh of May
last, he was found dead in his bed, shot through the breast, and his skull
fractured just above the left eye. As is very natural in such a case, there was
much anxiety to find out the perpetrators of the deed. Suspicion took the
smallest circumstance and magnified it; and the natural disposition in every
community to find out the cause葉hat restless, eager energy that seizes every
point妖irected attention toward the accused. I warn you, gentlemen, against such
restless eagerness, against that suspicion that blights without investigation,
and condemns without proof. There is no contest here, but as to who murdered
Dye. James Dye was a large farmer, a hard working man. I am bound to do justice
to the living. I must speak of the faults of the dead. The deceased was an
honest, industrious man, but he sadly neglected the education of his
children葉heir moral and intellectual training was unprovided for; while his
great aim was to accumulate property. He had frequent quarrels with his sons,
fights and law suits. These engendered a bitter feeling between them, which
often led to violence. After the old man's death, the boys were active to show
the prisoner's guilt葉hey charged her with the murder and hinted of
circumstances to cast suspicion upon her. The old man died intestate. There was
a large dower coming to the prisoner. They had various motives to induce them to
be forward in settling opinion against the accused. Knowing their previous
quarrels, they sought to divert suspicion from themselves, and have sought every
means to throw the guilt upon the prisoner. The prosecution has stated the rules
of evidence. I wish only to add, as the enormity of the crime increases, so the
character of the proof should be more certain.  There never was a greater error
committed than that from the pen of Dr. Paley, when he said that circumstantial
evidence could not lie. It was a fine theory, and having received the sanction
of so great a mind, has been handed down as incontrovertible. One ounce of sober
sense upon such a point is better than the speculative wisdom of the world.
Remember, you are not to enquire who murdered James Dye, nor, if she didn't, who
did? You are only to decide as to the prisoner's guilt."

  Some eighty or ninety witnesses had been summoned and were duly examined. As
outlined in the remarks of the attorneys, the prosecution endeavored to prove
criminal intercourse, or at least criminal intentions, on the part of Durress
and the accused; and that they might more surely and securely carry out their
evil designs, it was necessary to get the old man out of the way. That they made
a strong case against the accused cannot be denied. The defense, on the other
hand, brought forward witnesses to prove the good character of their client,
showing how she many times acted as peace-maker between the old man and his
sons; how the old man regarded her as worthy of all confidence, giving her all
the money she wished for, and making her his "banker," as he said; how that, in
nature, he could live but a little while, and that his intention was to leave
all his property to the accused and her children; that the supposed facts, as
set forth by the prosecution, was entirely inconsistent with the state of
affairs as they existed. The case was ably argued on both sides. After being out
fifteen hours the jury brought in a verdict of guilty, and sentenced the accused
to five years in the penitentiary. It is said that on the first ballot the jury
stood four for acquittal and eight for conviction, and the verdict, as given,
was a compromise.

  Mrs. Dye was in due time removed to the State's prison, but on account of
uniform good conduct, and on the recommendation of the Warden, she was pardoned
long before the expiration of her term. As to her guilt or innocence, we are not
prepared to judge; suffice it to say, that, on receiving her pardon, she
returned to Macomb, where she resided for many years, enjoying, we believe, the
respect of all who knew her. She died in the year 1874.

  The success attending the vote on the proposition of taking stock in the
Northern Cross Railroad, and the certainty of its early completion, made the
people enthusiastic on the subject of railroads, and the belief became general,
that, with their aid, the county would become very wealthy and populous within a
few years. Other railroads had been projected, and their companies were desirous
of running their lines so as to obtain the most money 預 straight line being no
object if a larger amount could be obtained by deviations. On the seventh day of
December, 1855, a petition was presented to the County Court, praying that it be
submitted to a vote for or against taking subscription to the capital stock of
the Wabash and Mississippi Railroad to the amount of $75,000. The prayer of the
petitioners was granted, and a vote was ordered for the twenty-sixth day of
January, 1856. The vote was taken, resulting in the defeat of the proposition.
This did not dishearten the friends of the project, and on the seventh day of
June another petition was presented, signed by a large number of voters, for the
purpose of having submitted the proposition of voting aid to the amount of
$100,000 to the Wabash & Mississippi and the Rock Island and Alton Railroads,
$50,000 to each. The prayer of the petitioners was granted, (Silas J. Grigsby
dissenting), and the election was ordered to be held on the fourth day of
August. The conditions of the proposition to be voted on were that Macomb should
be a point in both of the above named roads, and that no bonds should be issued
until the roads were completed to Macomb.

  On the twenty-eighth day of June, at a special session of the County Court,
Charles R. Hume, of Blandinsville, presented a petition, signed by a large
number of citizens, praying that the Court would amend or change its former
order, made on the seventh day of the present month, so as to make the towns of
Blandinsville and Bushnell points in the Wabash and Mississippi Railroads,
instead of Macomb. The prayer of the petitioners was refused. This led to the
defeat of the proposed measures.

  On the sixth day of September still another petition was presented to the
Court, and an order made for voting on the proposition of taking stock to the
amount of $50,000 to the Rock Island and Alton Railroad on the same conditions
as previously stated, viz: that Macomb should be made a point. The election was
held on the fourth day of November, and was carried by a respectable majority.

  At a meeting of the County Court on the sixth day of September, this same
year, J. M. Clark and one hundred and thirty-six other legal voters of the
county presented a petition praying that an order be made for an election to be
held on the fourth day of November, that a vote might be taken upon the
proposition of adopting the township organization law. The prayer of the
petitioners was granted, the election held, resulting in a majority in favor of
the adoption of the law.

  At the December term of the Court an order was made appointing commissioners
to divide the county into towns, or townships, and Levi H. Bradbury, of Prairie
City, Harrison Hungate, of Blandinsville, and William R. Downen, of Industry,
were appointed. The commissioners reported, dividing the county as it at present
stands, save Prairie City and Bushnell townships were then one and called by the
former name.

  The old jail becoming too small, and inconvenient in many particulars, the
County Court decided upon building a new one. The contract was immediately let,
Hector McLean taking the stone work, and W. O. Thomas & Co. the brick and wood
work, and Ingram & Painter the painting. The total cost of the building was
about $3,500. We can not say much for it, it being a continual expense to the
county every year. Prisoners broke out without trouble, necessitating an almost
constant watch. As. a general thing we can commend the wisdom of our County
Board of Supervisors, they conducting the affairs of the county in a very
prudent and economical manner, but in this respect their economy is not to be
commended. Although we have not the figures at hand, we verily believe more
money has been spent for repairs, guarding the jail, and re-capturing prisoners,
than would have built as fine a building as we have in the Military Tract.

  The old log-jail, in due time, by order of the Court, was sold by the Sheriff,
the city of Macomb becoming the purchaser, for the sum of $275. It has been in
use by the city ever since as a city prison, and is known as the old calaboose.

  On the eleventh day of April the County Court assembled for legislative
purposes, for the last time. Present, Hon. Thompson Chandler, presiding judge;
Samuel Calvin and Silas J. Grigsby, Associates. The last order made by them was
for ironing the new jail, after which they adjourned sine die, being succeeded
by the Board of Supervisors.

  With reference to Burress, arrested for the murder of James Dye, his trial was
never held. On the night of August 11, 1855, he escaped from the county jail, at
Macomb, but returned, after an absence of about ten days, and gave himself up to
the authorities. On the evening of the tenth of November, following, he again
escaped. A reward of one hundred dollars was offered for his capture. He was
traced to the State of Indiana, and a party went in pursuit of him, but when
they reached the place where he was seen, he was gone, since which time he has
never been heard from. Whether guilty of the crime charged against him will
probably never be known.


Additional Comments:

Extracted from:

HISTORY OF MCDONOUGH COUNTY ILLINOIS,
ITS CITIES, TOWNS AND VILLAGES, EARLY REMINISCENCES, PERSONAL INCIDENTS AND
ANECDOTES,

AND A COMPLETE BUSINESS DIRECTORY OF THE COUNTY.
By S. J. CLARKE.

SPRINGFIELD, ILL.:
D. W. LUSK, STATE PRINTER AND BINDER.
1878.


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