Death of James DYE, McDonough County, Illinois Contributed for use in the USGenWeb Archives Copyright 2000 Sandi Evilsizer Koscak HISTORY OF MCDONOUGH CO, ILL 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. I This was true on the morning of the twenty-eighth day of May, 1864. 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 iarm 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 P. H. McCandless, the coroner of the county. 'After examining the body and care fully investigating the matter, the jury returned it 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 w.ere 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 be 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, M,,s. Dye secured the services of Messrs. Manning, of Peoria, Kellogg & Ross, of Fulton, and Cyrut3 Walker, of McDonough. Probably a better array of coutisel 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-the ,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 uncontrover- table evidence of the prisoner's guilt. Should we do so, you have but one duty to perform, and that we sball expect at your hands." Cyrus Walker, for the defense, opened the Case and spoke substatially as follows: 'The arrangement thas been made by the counsel for the defense that I sliould 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 our 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 an 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-tbe 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 be 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-that restless, eager energy that seizes every point-directed attention toward the accused. I warn you, gentlemen, against such restless eagerness, against that suspicion that blights witbout 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, indus- trious man, but he sadly neglected the education of his children- their 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-they 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. Tbev 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 be 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 bad been summoned and were duly examined. As outlined in the remarks of the attorneys, the prosecution end endevored to prove criminal intercourse, or at least criminal intentions, on the part of Burress 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 peacemaker between the old man and his sons how the old man regarded her as worthy of all codfidenee, 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 yeard 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 the 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. 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, be 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 beard from. Whether guilty of the crime charged against him will probably never be known. More NOTES for James James I was orphaned (father died 1789; mother died 1793) when he was nine years old. (PA Orphan Records Sec 31, T7 R8) James was the oldest of three children (James, George, Sarah). (George, by the way, was wounded in the War of 1812 at the Battle at Copus Farm) Daniel Jones was appointed guardian of both George and Sarah and Stephen Gapen was appointed guardian of James. (Stephen Gapen served as a Captain in the Revolutionary War) In 1802 James married Barbara Livengood (d/o Peter A. Livengood and Mary Povator Abt 1816 James moved to Morgan Co (now Noble Co) Ohio. He followed his brother George to the area. James owned the land on which "the Children's Home now stands.....James became quite wealthy, sold out and moved to Illinois" (1887 Noble Co History). In 1820/21 in Noble Co where James and his sons were successful hunters/trappers/farmers,. they were neighbors to James Noble (also a successful hunter/trapper). From this period to 1831 the neighbor Noble incurred the wrath/enmity of the Dye boys who "committed many deprivations upon his property and on one occasion fired bullets through his door. After years of lawing, he succeeded in lodging some of them in jail". I'm not sure what happened next, but at this same period James sold his farm and moved, with his family, to McDonough Co IL. (I SUSPECT it was go to jail or get out of town...so they got) When James moved to McDonough Co he had with him a bag of money containing 5500 silver dollars. He invested much of the money in a tract of land that lay just over the border in McDonough Co not far from the present location of Fountain Green. At least one of James' sons, Peter, was a soldier in the anti-Mormon War at Nauvoo IL. From McDonough Co Archives THE DYE MURDER AND SCANDAL --- The most sensational murder in the history of McDonough County was, without doubt, the killing of James Dye, a wealthy farmer living on what is known as the Prentiss farm in the west part of the county. The arrest of his wife as the murderess and Rev. D. B. Burress as an accomplice, charges of undue intimacy between them, theft, conspiracy by the sons to have their father murdered, the trial of the woman for her life, the escape of Burress from jail, went to make an event that, at the time of the deed, and for years afterward, for that matter, was the sensation of this and adjoining counties. James Dye was a well-to-do farmer living with his second wife, by whom he had three children, having had twelve children by his former wife. Trouble came up between Dye and his sons by his first wife, and they were practically disowned and, as a result, hard feelings arose between the parties. Others took a hand in the affair and there were anonymous communications and threats of various kinds passed around. Dye also had some trouble with Burress just the day before he was murdered, the difficulty arising over the planting of some corn. This was said to have been adjusted, but that was never known. On the night of May 27, 1854, about 9 o'clock, the alarm was given that Dye had been murdered. The news was noised rapidly through the neighborhood. Suspicion at once rested on Burress and Mrs. Dye, and they were arrested the day following on the finding of the Coroner's jury, and were held in jail without bail. S. P. Ray was also held on the same charge, but was afterward released, as there was no evidence against him. When the neighbors were summoned, Dye was found in bed with his knees bent and his limbs then stiff. Burress had an alibi ready, as he attended meeting that evening. Ray was at the house and gave the alarm to the neighbors. MRS. DYE'S STORY -- When they assembled Mrs. Dye was found crying and told her story. She claimed that that evening she and another woman, Mrs. Burress, were doing the milking, they became frightened at a man but could not see close-enough to tell who it was. The man opened a gate which attracted their attention. Dye was then in the house. They retired about 8 o'clock and she was awakened by a ringing sound in her ears. She saw her husband standing by the bed and grabbed him and pulled him down again. She heard a man running and heard a horse running afterward like the man had left the house and mounted the horse. She then gave the alarm. That was in substance, her story. THE TRIAL -- The evidence against the woman was purely circumstantial, which fact alone prevented her hanging and, even as it was, at one time eight of the jury were for conviction. The circumstances showed the relations between her and Burress as being very intimate. When the neighbors arrived the body was partly stiff. Then the wounds-- which consisted of a slug shot in the body, supposedly from a big revolver, and the fracture of the skull--bled freely on the bed and yet there was not a drop of blood on the carpet, which would have been the case if he was standing when she awoke and pulled him back on the bed. Again, the blood from the gun-shot went to show that the slug was fired into the body after life had departed. The physicians also testified that the gun-shot wound was such that he could not have arisen after it was inflicted. There were three savage dogs kept at the house and it was claimed the revolver belonging at the house was empty, but showed it had been recently cleaned. Then the defense proved that Dye had received a threatening letter, and he had attributed it to his sons and had expressed fear from that source. The sons were active in the prosecution, and the defense claimed they had the old man killed to prevent his willing the property to the wife and her children--as he had had so much trouble with them, they expected that was what he would do. The prosecution claimed it was the intention of Burress and the woman to do away with the old man and thus prevent trouble over their illicit relations, then they would get what money they could and leave the country together. There was always a question as to whether any of the old man's money disappeared on that night, both sides claiming that he always kept a large amount of money in the house and that it disappeared the night of the murder. The prisoners endeavored to obtain their release on bonds by habeas corpus proceedings, which were held in Schuyler County. In this they were unsuccessful. Mrs. Dye then got a change of venue to Fulton County where her trial was held, lasting some ten days. The counsel comprised the very best legal talent in this part of the state. Goudy, of Fulton, Wheat of Adams, and Schofield & Mack, of Carthage, prosecuted, while Manning, of Peoria, Kellogg & Ross, of Fulton, and Cyrus Walker, of McDonough, defended. The trial was hotly contested from the start. The jury, after fifteen hours' deliberation, standing eight for conviction and four for acquittal, finally agreed on a verdict of manslaughter and the woman was sentenced to five years in the penitentiary. Mrs. Dye was taken to the penitentiary, but, on the recommendation of the Warden, she was pardoned long before her time had expired. She returned to this city and made this her home the rest of her life. She died in 1874. In the meantime, Burress had procured a change of venue to Warren County. On the night of August 11, 1855, he escaped from the old log jail here, but, after being absent some ten days, returned and gave himself up. He became dissatisfied again, however, and on the night of November 10, 1855, again escaped. He was tracked to Indiana but eluded the officers and was never heard from again. The story of James that follows was pieced together by Jack Baker. Abt 1816 James moved to Morgan Co (now Noble Co) Ohio. He followed his brother George to the area. James owned the land on which "the Children's Home now stands.....James became quite wealthy, sold out and moved to Illinois" (1887 Noble Co History). In 1820/21 in Noble Co where James and his sons were successful hunters/trappers/farmers,. they were neighbors to James Noble (also a successful hunter/trapper). From this period to 1831 the neighbor Noble incurred the wrath/enmity of the Dye boys who "committed many deprivations upon his property and on one occasion fired bullets through his door. After years of lawing, he succeeded in lodging some of them in jail". I'm not sure what happened next, but at this same period James sold his farm and moved, with his family at least 11 of their 13 children) , to McDonough Co IL. (I SUSPECT it was go to jail or get out of town... so they got) When James moved to McDonough Co he had with him a bag of money containing 5500 silver dollars. He invested much of the money in a tract of land that lay just over the border in McDonough Co not far from the present location of Fountain Green. At least one of James' sons, Peter, was a soldier in the anti- Mormon War at Nauvoo Illinois. Barbara Livengood Dye died in 1846 and the next year (2 Sep 1847) James married his second wife, Rebecca E. Brown (d/o William Brown). Rebecca was 39 years younger than James and from what records I have been able to find she was a very attractive young lady and a "fine trophy" for the well-to-do James. This marriage caused some problems with the children of James and Barbara particularly since Rebecca was younger than 11 of the children. James and Rebecca had three children: Laura Jane, Margaret Rebecca, and Rachel Minerva. On 27 May 1854 James was murdered. (This is documented in the Macomb (IL) McDonough Independent, the Historical Encyclopedia of Illinois, the History of McDonough Co and in some personal papers in my files) Many pages were devoted to this murder but I'll give the shortened version. James had been receiving death threats (suspected, but never proved that they came from his wife and her accessories). At around 9:00 PM on 27 May 1854 James was shot with his own pistol. The slug entered his left breast just above the heart and lodged on the right side near the spinal column. Apparently the "plan" was for Rebecca to say he was shot (while in bed) by an intruder. (James supposedly kept a rather large sum of money in the house). James didn't die right away and for two or three hours Rebecca stayed in the house with him waiting for his death. James was a strong, healthy old cuss and Rebecca finally had to do him in by hitting him in the head with a flat iron. She stuck to her plan but was hard pressed to answer the injury to the skull, the shot, and the time difference between the two. Apparently Rebecca had two accessories: Rev. David B. Burress (turns out the Reverend and Rebecca were having an alledged affair) and S. P. Rhea (Ray). All three were immediately arrested and placed in jail. Rebecca was tried and found guilty. She was sentenced to five years in prison but because of "good conduct" was pardoned shortly after. (I believe she served three months). S.P. Rhea was also convicted and he served his entire five years. The Reverend Burress escaped and was never heard from again. Oh, yes, Rebecca got her dower from the estate of James and married (1857) Charles Montague. She lived the remainder of her life in the Macomb Il area and died in 1874. James was buried in Pope Cemetery in McDonough Co. The cemetery was left alone and after many years of cattle grazing the stomes were knocked down and the actual gravesites lost. In the 1960s the Dye family who had long since moved to Missouri brought the stones of James and Barbara to the Bible Grove MO cemetery and had them embedded in cement there. Some of the children of James and Barbara have interesting histories: John A. served in the 29th Regiment of Missouri Militia and was a sergeant during the Civil War Two of James sons were killed in the Civil War. One James II (living in Adair County, Missouri) was killed by Colonel Porter's (Confederate) Troops who were searching for James II's son, a Union Soldier. I have a copy of the write-up one of James family made regarding the incident (reported in Adair County Missouri History). "Colonel Porter stood James up against a tree and while begging them not to shoot, they shot him in the head and tore the head all to pirces". James II's son, James III was in the 21st Missouri Infantry during the Civil War and was captured and imprisoned at Andersonville. He escaped, rejoined his company and continued in the war. Benjamin was killed in 1861 by Federal Troops were searching for his son William (who himself was later killed during the Civil War). This was in Scotland County, Missouri, right next door to Adair Co MO. Andrew Jackson Dye was shot from ambush and killed in Arkansas. Apparently "Jack" killed a man named Holt in a fight over a cow trade. "Jack" was ambushed by Sterling Holt, a brother to the man "Jack" killed. ----------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb Archivist with proof of this consent. ----------------------------------------------------------------------- File contributed for use in USGenWeb Archives by: Sandi Evilsizer Koscak