Cass County, Illinois - Chapter 11: Courts, Bench and Bar, 1915

Chapter 11: Courts, Bench and Bar

JUDICIAL SYSTEM UNDER CONSTITUTION OF 181S - DIVISION INTO JUDICIAL CIRCUITS - LAWS MADE AND REPEALED REGARDING JURISDICTION - INCREASE IN POPULATION MADE NECESSARY MORE CIRCUITS - PROVISION FOR SELECTION OF JUDGES - FREQUENT CHANGES IN JUDICIARY SYSTEM - ELECTION OF SUPREME JUSTICES - LAW oF 1841 - REORGANIZATION OF JUDICIARY UNDER CONSTITUTION OF 184S8S - oFFICES CREATED BY THE LEGISLATURE - VESTING OF JUDICIAL POWERS - PRESENT JUDICIAL POWERS - FIRST COURT HELD IN CASS COUNTY - BEARDSTOWN MADE COUNTY SEAT - INTERESTING EARLY COURT DOCUMENTS - SECOND TERM CASS COUNTY CIRCUIT COURT - FIRST JURY

Baltimore

TRIAL - FIRST GRAND JURY - GRAND JURY CASES - COUNTY SEAT REMOVED TO VIRGINIA - DISTINGUISHED JURISTS - BEARDSTOWN AGAIN BECOMES COUNTY SEAT - OPENING CIRCUIT COURT AT BEARDSTO'\"N - HON. DAVID WOODSON ELECTED JUDGE FIRST JUDICIAL CIRCUIT - CIRCUIT COURT CASES - NEVER A JUDICIAL EXECUTION IN CASS COUNTY - TRAVELING LAWYERS - JUDICIAL DIGNITY - A CELEBRATED TRIAL - RECITAL OF FACTS - CAMP MEETINGS - NOT ALL ATTENDANTS RELIGIOUS - HORSE RACING - LIQUOR DRINKING - QUARRELS - MAN DIES FROM INJURIES - NORRIS AND ARMSTRONG INDICTED FOR MURDER - ARMSTRONG TAKES CHANGE OF VENUE - NORRIS SENTENCED TO PENITENTIARY - ABRAHAM LINCOLN ENTERS CASE - ARMSTRONG TRIED AT BEARDSTOWN - MR. LINCOLN ACTS AS HIS ATTORNEY - CLEARS HIS CLIENT BY AN ALMANAC - CORRECTING FALSE STATEMENTS - MANY LINCOLN BIOGRAPHIES RELATE THIS TRIAL - ANOTHER ALMANAC STORY REFUTED - ASTRONOMER TESTIFIES - COMMEMORATIVE TABLET PLACED ON OLD COURTHOUSE - LIST OF CIRCUIT JUDGES - COUNTY COURT JUDGES - BEARDSTOWN CITY COURT - LIST OF STATES ATTORNEYS.

Judicial System Under The Constitution

Under the constitution of 1818, the first constitution of the state, the judicial power of the state was vested in one Supreme court, and such inferior courts as the General Assembly might from time to time ordain and establish. The Supreme court was to consist of a chief justice and three associate justices; but the assembly was given power to increase the number of supreme justices after the year 1824.

Justices of the Supreme court, and judges of inferior courts, were appointed by the joint ballot of both branches of the General Assembly, and commissioned by the governor, and were to hold office during good behavior or until the end of the first session of the General Assembly which should be begun and held after the first day of January, 1824. Until the expiration of that time the justices of the Supreme court were to hold circuit court in the respective counties, in manner provided by law, but after that period the supreme justices were not to hold the circuit courts unless required to do so by law. The justicés of inferior courts and also justices of the Supreme court might, for reasonable cause, which would not be a sufficient ground for impeachment, be removed from office by twothirds vote of each branch of the General <Assembly ; but with the express provision that no member of either house, nor any one connected with a member of either house, nor any one connected with a member by consanguinity or affinity, should be appointed to fill a vacancy caused by such removal. The justices of the Supreme court and judges of inferior courts were given power to appoint their own clerks.

Division Into Judicial Circuits

A sufficient number of justices of the peace were to be appointed for each county. Under the provisions of the constitution mentioned above the state was, by the legislature, divided into four judicial circuits, within which the chief justice and the associate justices were assigned to perform circuit court duty, which they continued to do until 1824. The legislature, however, alert to exercise every prerogative which the constitution conferred upon it, or did not deny to it, immediately upon the expiration of the time limit after which it might increase the number of supreme justices, or relieve them of circuit court duty, passed an act, declaring that in addition to the justices of the Supreme court, there should be appointed by the General Assembly five circuit judges, who should continue in office during good behavior, and by the same act the state was divided into five judicial circuits, thus relieving the Supreme judges of circuit court duty. This act was passed on December 29, 1824, but only remained in force for a little over two years, for on January 4, 1827, the succeeding legislature repealed that act and again divided the state into four judicial circuits, once more requiring the supreme justices to hold the circuit courts in the respective districts. From that time on, until an act passed January 8, 1829, went into effect, the supreme justices held all the circuit courts of the state. By the act of January 8, 1829, provision was made for the appointment or election by the General Assembly of a cireuit judge who should hold circuit court in a district to which he might be appointed, north of the [Ilinois River. Pursuant to that act a circuit judge was elected and the Fifth Judicial Circuit was created, in which the judge elect was required to preside, while the supreme justices were to continue to perform the duties of the circuit judges in the other four judicial districts.

For a period of six years the courts moved along in good order, and to the entire satisfaction of litigants who won, and to the lawyers who were successful. Two General Assemblies had met and adjourned without attacking the judicial system. Just what it was that so en grossed the attention of the legislature at those two sessions to such a degree that they neglected the opportunity of legislating judges into office and out of office, is not definitely known. The legislature of 1835, however, came up to the neglected question with avidity, and on January 8 of that year passed an act repealing the laws requiring the justices of the Supreme court to hold circuit court, and enacted a law creating the Sixth Judicial Cireuit, and providing for the election by the General Assembly at that session, of five judges, in addition to the one then authorized by law, who should preside in the several circuit courts then or thereafter required to be held in the several counties of the state. Pursuant thereto the five circuit judges were elected by the legislature and the supreme justices again relieved from circuit court duties. This system continued until 1841. In the meantime, as population increased and necessity required, additional judicial circuits were created, the Seventh on February 4, 18387, and the Eighth and Ninth Judicial Circuits on February 23, 1889, and for each new circuit created an additional judge was elected.

The provision of the first state constitution which placed the selection of judges of the supreme and inferior courts in the hands of members of the legislature made it extremely difficult to separate the judicial system from party politics, and keep the selection of judges free from the influence and machinations of designing politicians. The folly of the method was early manifested; even the very first election of Supreme court justices resulted in the selection of one of the three associate justices as a political appointment, pure and simple. William P. Foster, one of the three associate justices appointed by the first legislature, was not even a lawyer, and had never given any attention to the subject of law. He, however, after receiving the appointment, evidently felt himself entirely out of place, and did not attend a single sitting of the court, nor did he consider a single opinion or case presented to the court. He was appointed October 9, 1818, and resigned July 7, 1819.

as previously mentioned, were due almost wholly to politics and political agitation, and the personal ambition of place hunters who, in many instances, were totally unqualified for judicial position. This condition of affairs, however, was not limited to Illinois, but could be found in other states. Nor can it be truthfully said that such conditions only belonged to that period. Politics have in many instances and ages interfered with the best methods of administration of justice, and put into power men unqualified for the distinction conferred upon them. The causes of the almost revolutionary changes in the judicial system which occurred in 1841 had their origin in a scheme to change the political complexion of the Supreme court. Of the four judges of that court, the chief justice and two of the associate justices were Whigs. As ther were appointed for life or good behavior, there was no way to get rid of them except through their resignation or impeachment. As the men who then occupied the supreme bench were highly capable and men of the utmost integrity, impeachment was out of the question. It was not likely that they would resign, so there was nothing else to do, to effect the desired results. but increase the number of judges, and secure their appointment from among those of a different political faith from those now presiding.

Election Of Supreme Justices

Therefore, the plan proposed and advocated with demagogic fervor, was to legislate the nine circuit judges out of office, and to provide for the election of five additional supreme justices, making nine altogether, and requiring them to hold the circuit courts. There was not the slightest reason for the change, except for ulterior motives, as no complaint whatever was made of the manner of conducting the circuit court business by the circuit justices provided by previous legislatures. However, to make the scheme more plausible and to induce the support of the more timid among the Democratic members, the provisions concerning the holding of circuit courts by the supreme justices was suggested. The proposition met with bitter opposition among the Whigs, but after a great deal of debate passed both houses. and went to the governor for his signature. Governor Carlin, with the supreme court justices acting with him as a council of revision, promptly vetoed the bill. It: went back to the senate where it had originated, and was by that body passed over the yeto by a large majority, but it did not fare so well in the house, as it got. by with but one majority over the necessary number to carry it over the veto. The legislature then met in joint session and completed its efforts in that direction by electing by a strict party vote the following named Democrats as supreme justices under the new law: Samuel H. Treat, Walter B. Scates, Sidney Breese, Stephen A. Douglas and Thomas Ford. Although these men were fairly good lawyers, yet only two of them remained on the bench long enough to become able jurists. They were elected February 15, 1841. and Ford resigned August 4, 1842, and Breese resigned December 19, 1842, having ten days previously been elected to the United States Senate by the legislature then in session. He had for his principal opponent Stephen A. Douglas, his associate on the bench. Douglas resigned the next year, June 28, 1843. Judge Treat remained on the bench until the new constitution of 1848 changed the entire system, and he was then elected as one of the supreme judges of the new court. He was one of the most distinguished jurists of the state and served on the bench as circuit judge, supreme judge and as a federal judge altogether forty-eight years, a longer period than any other judge in the history of Illinois.

By the law of January 11, 1841, nine judicial districts were created for the entire state, and the pine supreme judges were required to hold the circuit courts. This system prevailed until the judiciary was reorganized under the constitution of 1848.

Under the 1818 constitution the probate matters were conducted by a probate judge, for several vears. and then by a probate justice of the peace. These were not constitutional offices, Lut were created hy the legislature. under the erant of power given by the constitution. The county commissioners' court, so called by act of legislature. was not a part of the judicial system mentioned in the constitution, but was created by legislative act alone. and was for the purpose of managing the county business alone, and the court had no jurisdiction of any suits between litigants. civil or criminal, but there always has been some confusion about that court and its jurisdiction. occasioned by the fact that the constitution of 1848 created a county court, with a county judge to preside, and provision for two justices of the peace to sit with the judge in the transaction of all business, and further, they were given charge and management of the county's business, taking the place of the county commissioners' court. This system prevailed until the constitution of 1870 went into effect.

Judicial Powers

By the terms of the constitution of 1848 the judicial powers were vested in one Supreme court and in Circuit and County courts, and justices of the peace. The Supreme court consisted of three judges, and the state was divided into three grand divisions, and at least one term annually was to be held in each of the grand divisions. There were nine Circuit court divisions, with a circuit judge elected for each division, and they were required to hold at least two sessions of court annually in each county. A radical change and one of great importance was the manner of selecting the judges. They were to be elected by vote of the people in the several divisions, except that if the legislature saw fit to do so, it might provide for the election of the three supreme judges, or one every three years after the first election, by the vote of the entire state instead of by districts, thus taking the matter of the election of judges and of creating a court system, out of the hands of the legislature, placed the courts on a more permanent basis, and during the whole time of operation under the constitution of 1848, the courts were presided over by an able corps of judges, with no fear of being legislated out of office each change of the moon.

Present Judicial Powers

By the constitution of 1870, which is now in force and effect, the judicial powers were and are vested in one Supreme court to consist of seven judges, Circuit courts, County courts and justices of the peace. The County court is made a court of record, and wholly separated from the county civil business. The legislature was granted power to provide for other courts for cities and incorporated towns. An inferior Appellate court could be ereated by legislature, and such was created, and there are now four appellate court districts. The judges are by law taken from among the circuit court judges. The constitution further provides that Probate courts may be established in counties of over

50,000 inhabitants, and jurisdiction of all probate matters then transferred from the county courts to the probate courts. Several counties of the state have probate courts, but there should be no confusion. County courts are often spoken of as probate courts and the county judge is often called probate judge. This is incorrect. County courts and county judges are entirely distinct from probate courts and probate judges, having altogether a different jurisdiction, but it is true that county courts have jurisdiction of all probate matters unless a probate court is established.

When Cass County was organized, the state judicial system was operating under the law enacted in 1835, which system it will be remembered was that supreme court justices held sessions of Supreme court only, and there were a number of circuits with circuit judges elected for each circuit. The act creating Cass County provided that it should be a part of the First Judicial Circuit, the judge thereof to appoint a elerk for the Circuit court and hold court at such times as he should designate.

The first court held in Cass County was conyened at Beardstown, November 138, 1837, in an upstairs room of a frame building on lot 5, in block 11, owned by Augustus Knapp. It was not only provided in the act creating the county that the county seat should be at Beardstown until the voters determined the permanent locality, but the voters had decided at the election held in May previous that Beardstown should be the county seat of the new county. The constitution of the state provided that the judges of the various courts should appoint a clerk of the respective courts, and when the court met Judge Jesse B. Thomas, who held the first term, appointed N. B. Thompson clerk of the Circuit court. Mr. Thompson had been elected recorder for the county at the election held the previous August. Jesse B. Thomas, Jr., was a nephew of Hon. Jesse B. Thomas, who was president of the first State Constitutional Convention, and one of the first two United States senators elected from Illinois. Judge Thomas was commissioned circuit judge of the First Judicial Circuit, July 20, 1887, and resigned in 1839. The court was formally opened by Lemon Plasters, sheriff-elect of the new county, but this session of the court only lasted two days. No trials were had, owing to the fact that prior to the convening of court there was no sheriff or other officer qualified to summon a jury, either grand or petit, or traverse, as the petit jury was then called.

Interesting Early Court Documents

The principal business of the court was the qualifying of the new county officers, approving their bonds, ete. The bond of the circuit clerk was in the sum of $2,000, and was made to the governor of the state. The bond of the sheriff was for $1,000, and run to the people. It is interesting, however, to note that one of the first written documents considered, and ordered of record, was the declaration of Herman Lippert, an alien born, seeking naturalization as a citizen of the United States of America. From this declaration, which is subscribed and sworn to by Herman Lippert. before the circuit clerk, we learn that Mr. Lippert was about forty-three years of age, having been born in the town of Fichelheim, on October 17, 1794 A. D.; that he belonged to the German nation, and owed allegiance to the government of Hesse-Darmstadt. He further stated that he emigrated from Bremen on March 8, 1834 A. D., and landed at the city of New Orleans about June 3 of the same year. On the same day Charles Coerper, a native of Messenheim, Hesse-Darmstadt, also filed a similar declaration. Although the name of the vessel in which these emigrants came is not mentioned in their declaration as is required under the present law of naturalizations, yet it is evident they both came in the same ship, for each states that he sailed from Bremen on March 14, 1834 A. D., and landed at New Orleans, La., about June 8, 1834. Charles Coerper was about thirty six years old, having been born in the town of Messenheim, above mentioned, on December 22, 1801. Fifteen other persons filed declarations for naturalization at the same term of court. They were as follows: Henrich Schmidt, Henry Menke, Augustus Theodore Menke, John Luechke. Henry Hayekluft, Henry W. Lubben, Christian Frederich Krohe, August Edward Vogel, John Jeremiah Altman, John Adolph Krohe, John Henry Rohn, John B. Bueb, Pompeus Phillippi, and Alexander Phillipi.

The court evidently did not believe in wasting time as at the close of the first day, court was adjourned to seven o'clock next morning. a pretty early hour for the middle of November.

Charles Blume

The record, however, shows nothing done on the second, which proved to be the last day of the term, except the entering on the records of applieations for naturalizations as mentioned above, and the court adjourned, sine die. The second term of the Cass County Circuit Court convened at Beardstown, May 21, 1838. The clerk of the court entered on the record, 'present, Hon. Jesse B. Thomas, Jr., judge." but while the "Jr." is added to Judge Thomas' name in several places by the clerk, yet in any of the signatures on the records of the judge himself, the "Jr." does not appear.

Twenty-nine cases were disposed of the first day of court; one of them being a trial by jury, and as this was the first jury trial in the county, may be rightly considered of some interest. The case was entitled "The people vs. James Berry." but was a civil case. It involved the matter of damages accruing by reason of opening a new road. appealed from a justice of the peace. The jury was composed of the following named persons: John Ayers, William Nelms, Robert Lindsey, Thomas Wiggins, Alexander Culberson. Jesse B. Pierce. Stephen D. Lee, Daniel Schaeffer. Reuben Hager, Lanus Carr, Isaac Plasters and Amos Dick. The jury assessed the damages at $25.85, and the court gaye judgment accordingly, and further adjudged that the county of Cass should pay the costs and the amount of the judgment to the claimant before proceeding to open the road.

First Grand Jury

The first grand jury impaneled in Cass County was summoned for this term of court, and was composed of the following named persons: Thomas Wilbour, foreman; Isaac Spence, Augustus Knapp, William Shoopman. Benjamin Stribling, John Daniels, Phineus Underwood, James H. Blackman, Alexander Hoffman, Robert Gaines, Ephraim Mosely. John Robeson, Elijah Carver, John P. Dick, William McAuley, Marcus Thandler, Henry L. Ingalls. Jeremiah Bowen, Jeremiah Northern, Henry Hopkins, John Mc- Donald and Amos Hager.

First Jury Trial

The grand jury had business at the first term also. They found thirty indictments, two for selling liquor illegally. one for murder, and twenty-seven for gaming and keeping a gaming house. The jury was evidently no respecter of persons, for among those indicted for gaming was a high official of the court and county. Some few stood trial and were found guilty and paid a fine, others pleaded guilty and also paid a fine, with costs. The indictment for murder Was against Nathan alias Nathaniel Graves, for the killing of a Mr. Fowle. A public sale was in progress near a small general store kept by Joseph McLane, about the present site of Philadelphia. Mr. Fowle and Alexander Beard, one of the very early settlers in that part of the county, were sitting outside the store on a log, engaged in a friendly conversation, when Graves rode up on horseback, and without speaking a word drew a pistol and shot Fowle dead. Most of the men at the gathering were at a little distance giving atttention to the sale, and did not realize what had happened. Those who were near were so astonished that they made no move toward apprehending Graves, who, it appears, was well known in the county. He immediately dashed down the road. At the time Graves came up, Richard McDonald, also a well known citizen of the neighborhood rode up, but from an opposite direction, and witnessed the whole tragedy. He called to the men to arrest Graves, and rode after him. When Graves saw he was being rapidly overtaken, and could not escape without disposing of McDonald, he turned, dismounted and drew a knife. Mr. McDonald, however, was no coward, and he grappled with Graves, defending himself against the knife as well as he could, catching Graves by the throat, and struggled with him until severely wounded. Help arrived, Graves was overpowered and placed under arrest. He was taken to Beardstown and placed in the calaboose, as the county jail had not yet been erected. Precaution, however, was taken to have Graves guarded. After the indictment was returned into court, Graves moved for a change of venue, which was allowed, and the case was sent to Greene County The principal witnesses, Alexander Beard, Joseph McLane, Richard McDonald and Zebedee Wood were placed under recognizance in the sum of £1,000 to appear at the July term of the Greene County Circuit Court. The case never came to trial, as Graves, after he was taken to Greene County, broke jail and made his escape to Jxentucky, his former home. He was lost sight of for years, but it was told that he died near his old home, of natural causes.

County Seat Moved To Virginia

There is no record of any further Circuit court in Cass County until May, 1839. In the meantime the county seat had been moved to Virginia. The county commissioners claimed that under the failure of Beardstown to comply with the terms of the act locating the county seat at Beardstown, and having contracted with Dr. Hall for the erection of a courthouse and jail at Virginia, which buildings were reported as completed and ready for occupancy, the official records were ordered removed to that place. The removal was delayed until the act of legislature of March 2, 1839, mentioned in another chapter, fixed as a penalty for. failure to comply with the requirements of the act, a forfeiture of office of any county officers so failing or refusing to remove the records, etc., to Virginia. The May term, 1839, was convened at Virginia and presided over by Judge William Thomas, who had succeeded Judge Jesse B. Thomas, who had resigned in February of that year.

Judge William Thomas, although bearing the same name as his predecessor, does not appear to be related to him. He resided at Jacksonville, at the time he was chosen judge of the First Judicial District, and afterwards became senator from the district composed of Cass and Morgan and other counties, and although he was a good lawyer and judge, yet he became most distinguished because of the services he rendered as a legislator from this district. The October term, 1839, was held by Judge Samuel H. Treat, and this was the only term of court in Cass County to be held by Judge Treat during his forty-eight years on the bench in Illinois. Judge William Thomas held the remaining terms until the change made by the law of 1841, legislating all circuit judges out of office and requiring the supreme judges to hold the circuit courts. Judge Samuel D. Lockwood, one of the ablest judges on the supreme bench, was assigned to the first district, and so held the Circuit court in Cass County until the change in the system introduced by the terms of the constitution of 1848. The last day of the Circuit court in Virginia, before another change in the county seat, was held October 8, 1544.

Opening Of Circuit Court At Beardstown

new courthouse, in May, 1845, and Judge Lockwood continued to hold the court from term to term until the change of the system in 1848. The new constitution having been adopted by vote of the people, and having gone into effect April 1, 1848, the supreme judges ceased to hold the Circuit courts, but Cass County still belonged to the First Judicial Circuit, and Judge David Woodson was elected judge of that district. The election was held on the first Monday of December, 1848. The first term of the year had been changed from May to March, and was held by Judge William A. Minshall of the Fifth Circuit, at the request of Judge Woodson. The October term, 1849, and the May term, 1850, were held by the regular judge of the district.' Hon. D. M. Woodson. In 1850, the legislature changed the October term to November, which term was again held by Judge Minshall. at the request of Judge Woodson, and he also held the May term, 1851. It appears that Judge Minshall had also been requested to hold the November term of 1852, for upon the records of that term is the following entry:

"Second day. On Tuesday the second day of November, the second day of the term, the parties litigant, jurors. witnesses, and officers of the court waited the arrival of the judge until four o'clock P, M.. and the said judge of the Fifth Judicial Circuit not appearing the court stands adjourned by due course of law until the next term thereof."

The cases tried at the Cireuit court during those days were the usual and ordinary cases of attachment, replevin, case and assumpsit, and chancery cases of foreclosure. partitions, and such other cases as pertain to the chancery side of the court, with now and then a criminal case of more or less interest. according to the nature of the crime and the standing of the defendants. At no time before or since then in the history of Cass County has there heen a judicial execution of any person convicted of murder. There were a number of local lawyers at Virginia and Beardstown, but it was the day of traveling lawyers. They usually followed the court from county to county, traveling on horseback, or by stage coach or oftentimes in the old fashioned. high seated buggy drawn by a single horse. Every term of court in Cass County found some of the more noted lawyers of central Illinois in attendance. from Springfield, Quincey. Jackson- ville, Peoria and Pekin. The first week of court was usually a busy time in the town where court was being held. There was no short cause ¢alender in those days, and no setting of the docket ahead of convening of court, so litigants, witnesses, jurors, grand and petit, lawyers, and the idle curious, gafhered in great numbers, and made a rich harvest for the hotels and boarding houses.

Judicial Dignity

Many anecdotes are told of the characteristics and eccentricities of the early circuit judges. They exercised more of the powers and authorities conferred upon judges by the common law, and were not hampered so much in the exercise of judicial prerogatives as judges of the present day. When judges held court in those earlier days they assumed there should be some dignity about the court, and that all that came within its jurisdiction should conduct themselves accordingly. The records of the day show that the heavy hand of the court did not fall alone upon visitors to the courtroom, or upon litigauts or their respective counsel. At the November term, A. D. 1854. of the Circuit Court of Cass County, Judge Pinkney H. Walker, of the Fifth circuit. who was called to hold the Cass County court, entered two fines the same day against the sheriff, William Pitner. for failure to keep order in the court. The presumption is that the levying of the aforesaid fines had the desired effect, and the judze relented, for the record discloses that upon tie last day of the term. just before adjournment, the court entered a remittance of "the fines heretofore assessed against the sheriff.' Nor did the judges of the court in those days hesitate to apply the penalties of the law in matters other than decorum. A glance through the records covering a period of twelve years of the early part of the courts' existence in Cass County, shows the judges would not tolerate the taking of appeals for mere delay. In many cases wherein the appellant defaulted in prosecuting his appeal the judge assessed damages in favor of the appellee for the delay.

In February, 1857, the General Assembly of Illinois, then in session. passed an act establishing the Twenty-first Judicial Circuit. The act was approved February 7, 1857, and the new district was composed of Tazewell, Mason, Menard, Woodford and Cass counties. The act further provided for an election in all the coun- ties composing the district to be held the second Monday of March following, for the election of one circuit judge, and a state's attorney for the district. James H. Harriott was elected judge, and Hugh Fullerton was elected state's attorney.

A Celebrated Trial

These two names are connected with a famous trial which occurred at Beardstown, at the Circuit court, the next year, although at the time ho very great importance was attached to the case except by the parties directly interested. The case was entitled "The People vs. William Armstrong," and known in history as the famous "Duff Armstrong Trial." The notoriety was occasioned solely by the fact that Abraham Lincoln appeared for the defendant, Armstrong, and by his able management of the case and his eloquent argument to the jury succeeded in clearing his client. Much space is given to this case as it is a part of Cass County history and more or less extended mention is made of it in every published life of Mr. Lincoln. A _ recital of the facts which led up to the trial is as follows.

In August, 1857, a religious camp meeting was in progress in Mason County, Ill., in a grove six or seven miles southwest of Mason City, and northeast of the junction of Salt Creek and the Sangamon River. It would be useless to occupy space with a description of a camp meeting. <All the readers are more or less familiar with such meetings, either from personal experience, or from having read of them many hucksters gathered at these meetings to sell their wares to those in attendance, so that all who came were not of a religious turn of mind. <A number went out of idle curiosity, many in order to meet with and visit their neighbors. and some went to raise trouble if an opportunity offered. The meeting was to close on Sunday, August 30, 1857, and on Saturday afternoon, August 29, quite a crowd of lovers of one of the principal sports of the times. horse racing, gathered about the huckster wagons some little distance from the meeting tent, in the hope of getting up a horse race, knowing that William Armstrong, commonly called "Duff" was there with his running horse. Although it was unlawful to do so, intoxicating liquor was frequently sold by disreputable persons at such gatherings; and at any rate liquor was always bought and freely drunk by the more reckless, and often by thuse who were ordinarily fairly good citizens. The race came off and the winners celebrated by partaking of large potations of "sod-corn juice" and generously sharing their joys with the losers, until all were far beyond the pale of any influence for good that might have been engendered by the religious services in the meeting tent. Duff Armstrong was a young man about twenty-four years old, was kind hearted, peaceable and quiet when-sober, and not of a vicious nature even when in liquor. Late in the evening after the racing and jollification attendant thereon was over, Duff Armstrong, who had been drinking heavily, was lying on a bench near the Watkins and Armstrong wagons, sleeping off the effects of the liquor. About eight o'clock. one James P. Metzker. who lived a few miles across the county line in Menard County. came up to the bench on which Duff was lying. Metzker had also been drinking, and catching hold of Duff, jerked him off the bench, and. according to the statement of A. P. Armstrong. a brother of Duff. who was present and saw the whole transaction, spit in Duff's face. This naturally angered Duff. and a fight ensued. but neither of the belligerents were very much hurt. and friends separating them, they both took a drink, and the trouble seemed at an end. Metzker, it is said, was very quarrelsome when drinking, and being a large. powerful man, relied on that fact to care for himself in any physical encounter. Late in the night, between ten and eleven o'clock, Metzker was engaged in an encounter with one James H. Norris, and another man. presumably Duff Armstrong. as the second fight occurred near the Armstrong wagons, and witnesses claimed that Norris hit Metzker on the back of the head with a large stick of wood. Others claimed that Duff Armstrong struck Metzker with a slung shot. Metzker, however, was not so severly injured but that he could and did mount his horse and rode away towards home, and it was also said by some that he was in a drunken condition when he left, and on his way home, fell from his horse and received injuries which caused his death, as he died three days later. However, the general impression prevailed that Metzker was so badly beaten by Norris and Armstrong that it was from the effects of their blows that he died. Norris and Armstrong were both arrested, and at the October term <A. D.

The Indictment

The indictment contained three counts, each count having the following peculiar language not found in indictments of the present day. The persons indicted naming them "not having the fear of God before their eres, but being moved and seduced by the instigation of the devil, ete." The first count charges that Norris struck Metzker in the back of the head with a piece of wood about three feet long, and that Armstrong struck Metzker in the right eye with a "hard metalic substance called a slung shot." The second count charges that both Norris and Armstrong struck Metzker in the right eye with a slung shot: and the third count charges that both Norris and Armstrong struck Metzker on the back of the head with a "certain stick of wood three feet long and of the diameter of two inches." from which wounds Metzker died on the first day of September, 1857. The indictment was signed by Hugh Fullerton. state's attorney, and the following names endorsed as witnesses: Grigsby Z. Metzker, Charles Allen, James P, Walker. William M. Hall. Joseph <A. Douglas. William Douglas. B. F. Stephenson, Hamilton Rogers. William Killion, Joseph Speltz and William Haines. The indictment was also endorsed "not bailable. James Harriott." and was filed in the court November 5. 1857.

When the case was called. Norris stated to the court that he was poor and unable to employ counsel. Judge Harriott. who was_ presiding, appointed William Walker, senior partner of Lyman Lacey. to defend Norris. The law firm of Dilworth & Campbell had been employed by Mrs. Hannah Armstrong. the mother of Duff. to defend him. A motion was made to quash the indictment. which motion was overruled. A change of venue was asked on behalf of Armstrong. on the grounds of prejudice of the minds of the people of Mason County against the defendant Armstrong. The motion was allowed, and the yenue was changed to Cass County, in the same judicial district, and adjoining Mason County on the south. Norris entered a plea of not guilty, and went to trial. As a result of the trial, Norris was convicted of manslaughter, and sentenced to the penitentiary for eight years. The penitentiary at that time was located at Alton, and as the most convenient mode of travel from Havana to that place was by river steamer on the Illinois River, and as Beardstown, then the county seat of Cass County, was on the way, the sheriff of Mason County, started for Alton with Norris, as soon as the Mason County court adjourned, and took Armstrong with him as far as Beardstown, where he was delivered over to the sheriff of Cass County, and placed in the county jail at Beardstown. A transcript of the entire record of the case in Mason County, was sent to the circuit clerk of Cass County, and With it the indictment and all files and papers connected with the case. They are now on file in the office of the circuit clerk of this county. From these files and the records of the Cass County Circuit court all information pertaining to the court proceedings in this case has been obtained. It is a singular fact that With all that has been told and written about Abraham Lincoln's connection with this case there is not one item of record that bears his name, nor does his name appear on any paper filed in the case. Two of the instructions given by the court to the jury are unquestionably in the handwriting of Abraham Lincoln, and his appearance for the defendant Armstrong. in the Cass County Circuit court is well authenticated by testimony of many witnesses, some of whom are still living in this county.

The Circuit court of Cass County for November, 1857. convened November 16, with Hon. James Harriott. judge presiding, Hugh Fullerton, states attorney. James <A. Dick,

Abraham Lincoln Enters The Case

In the meanwhle Jack Armstrong, the father of Duff, had died. and as a last request urged his wife, Hannah, to use every effort possible to clear their son. Mrs. Armstrong, calling to mind her friend of twenty years before, Abrabam Lincoln. now a leading lawyer of Springfield, drove all the way to the state capital to see if she could secure the services of that distinguished man to get her son admitted to bail. Mr. Lincoln had been introduced to the Armstrong family soon after his advent in New Salem, through engaging in a friendiy wrestling match, to comply with the incessant urging of his friends, with Jack Armstrong, who was not only a bully of the neighborhood, but also a physically strong, courageous man. The wrestling match resulted in Mr. Lincoln conquering the backwoods athlete, thus winning the admiration of all the men of that section, including his opponent, and gained, through his pluck, the lasting friendship of Armstrong and all his relatives. Mr. Lincoln soon after the encounter went to live with the Armstrong family, and often spoke of the motherly kindness of Mrs. Armstrong towards him when he was a penniless young man, struggling to fit himself for some useful employment in life. His own, kindly, sympathetic and generous nature never permitted him to forget a kindness to himself, so when Mrs. Armstrong saw him at Springfield and related her trouble, represented the hazardous position of her son before the law, Mr. Lincoln at once promised assistance. Although a very busy man, he ascertained when court would be in session at Beardstown, and set out on horseback for that place to see what could be done to restore the son of an old friend to freedom. The record of the court for that term in that case is as follows:

"And now on this day come the People of the State of Illinois, by their attorney, Hugh Fullerton, Esquire, and the prisoner, William Armstrong, who is brought here to the bar in proper person. <A motion is made by the prisoner, to admit him to bail. Whereupon a motion was made on the part of the People for a continuance until the next term of this court, which after due deliberation by the court, was granted, and the motion to admit to bail, was overruled." Mr. Lincoln then promised he would return at the next term of the court, which would be in May of the next year, and assist Armstrong.

During the ensuing winter, Duff Armstrong remained in Cass County jail at Beardstown, and on May 3, 1858, the regular May term of the Cass County Circuit court convened with Judge Harriott presiding, and the same court officers present and acting who had served at the November term, 1857. Subpoenas had been issued for witnesses for the people and for the defendant, to appear on the first day of the May term, 1858. There were eleven for the people, and twelve for the defendant. It appears from the subpoenas on file that none was issued for the witness, Charles Allen, until May 5, when one was sent to the sheriff of Menard County, at Petersburg where Allen resided. The name of Dr. B. F. Stevenson was also included in this subpoena. The sheriff's return states that he served Stevenson, but that Allen was not found and that he, the sheriff, was told that Allen had gone to Beardstown. On May 6, an attachment was issued for both witnesses, Stevenson and Allen. The return of the sheriff is that he served the attachment by arresting Allen and having him in court on May 7, 1858. No return is shown in the ease of Stevenson. The story is told by those who claimed to know the facts, and it has been incorporated in statements by various writers relative to this portion of the narrative, that Allen had been persuaded by friends of Armstrong to remain concealed at Virginia, thirteen miles east of Beardstown, until he should be wanted by them, if at all, and that when Mr. Lincoln arrived at Beardstown on May 6, and found Allen was not there, he told Armstrong's friends that he must be produced, or Duff might haye to remain in jail another six months, as the cause would be continued at the instance of the prosecuting attorney ; that thereupon two cousins of Duff hitched up to a wagon, went to Virginia, and returned with Allen. This may all be true, but if so, the sheriff either took a hand in getting Allen into court, or made a false return, which is not at all likely. However it is a fact. vouched for by several creditable persons that Mr. Lincoln did arrive at Beardstown May 6, 1858, having come on horseback from Springfield.

On May 7, 1858, which was Friday, the fifth day of court, the case of the People vs. Armstrong, was called. The prisoner arraigned, and a plea of "not guilty' was entered, a jury was called, and the following named persons were selected and sworn to try the cause: Horace Hill, Milton Logan, Nelson Graves, Charles D. Marcy, John T. Brady, Thornton M. Cole, George F, Sielschott, Sam W. Neely, Mathew Armstrong, Benjamin Eyre, John W. Johnston, August Hoyer. The first four above named were of the regular panel of jurors for the term, but the others were summoned by the sheriff after the regular panel was exhausted. Just how many witnesses for the prosecution were sworn and testified, nor how many testified for the defendant. cannot now be known. There was no stenographie report, and nothing remains but the memory of man upon which to base a conclusion. Some persons have said. and some writers accept the statement as true, that only one witness was introduced for the people, and that was Charles Allen. William Douglas, who at that time lived in Mason County, but who subsequently resided at Ashland, in this county, for many years, who was one of the witnesses endorsed upon the indictment, and subpoenaed to testify, said that he was the first witness called for the people; that all witnesses had been excluded from the courtroom during the trial, and he being thus first called, heard the whole trial. While the short duration of the trial made it impossible to have heard many witnesses, it is hardly possible that the people could have proven all the elements necessary to be proven in such a case by the one witness, Charles Allen. The deepest interest certainly centered in the testimony of Allen, who swore that Armstrong struck Metzker in the face with a slung shot; that it was between ten and eleven o'clock at night; that he was near the wagons where the fight occurred and plainly saw the blow struck by Armstrong. On cross examination, which was conducted by Mr. Lincoln, Allen was asked how he could see so plainly, it being late at night. The witness replied that it was bright moonlight; that the moon was right up overhead, about where the sun would be at one o'clock in the afternoon. Being questioned particularly about the moon, he again repeated the statement as to its locality in the sky, so there could have been no misunderstanding on the part of court or jury, as to where the witness stated the moon to have been.

Mr. Lincoln Hears His Client

After the evidence of the witnesses was all in, Mr. Lincoln asked if someone would bring him an almanae. This was produced. and as one of the jurors, J. T. Brady says in a letter on the subject, it was handed up to the judge, examined by counsel, and by the jury, and showed that the moon could not have been in the position in the sky where the witness said instruction of the court given, and the jury retired in custody of an officer to consider their verdict. All which the record recites and concludes with the following:

"And afterwards to wit, on the same day, the said jurors came into court in charge of the officer aforesaid, and the said prisoner, Armstrong, being brought into court in proper person by the sheriff of said county .of Cass, the said jurors for verdict on their oaths do say that the said defendant is not guilty in the following words, to wit, We the jury acquit the defendant from all charges preferred against him in the indictment." The trial did not occupy much time, and the jury was not out long in arriving at a verdict. Positive proof of this fact is furnished by the record of the court of that day. One William MeCrudden was tried the same day by a jury on a charge of riot. On the jury that tried MceCrudden were three of the jurors that sat on the Armstrong trial, namely: Charles D. Marcy, John T. Brady and Nelson Graves. The jury in that case also returned its verdict that same day.

Correcting False Statements

Many absurd, and some very ridiculous stories are told and statements made, concerning this trial, and the assault which caused it. Not the least ridiculous is the statement in an account published in McClure's magazine of August, 1896, which is credited to Miss Ida Tarbell. In that article appears the following statement:

Anyone who ever saw an ox-yoke might ask about this "reveler,'' as the innocent child asked of a certain distinguished personage of ancient history. "Was he like old Goliath, tall, his spear a hundred weight?"

The almanac and the moon have come in for a great share of notoriety in connection with this celebrated case. This article is not written to prove or disprove anything. but is recorded simply as one of the celebrated events in the history of Cass County. Yet the truth ought to be ascertained. if possible. and be here represented. for there are some stories which have gained currency and are believed by many who are not conversant with the real facts, that merit attention. That there was an almanac in the trial is almost beyond any question of doubt ; and that it was a genuine almanac of the date 1857. is attested by creditable witnesses. That which casts doubt upon whether it was a genuine one or a "faked" one. is the many statements made by persons who claimed to have been present at the trial, and by writers who have accepted such stataements and recorded them without investigation.

Many Biographies Of Lincoln Relate This Trial

Several writers of the "Life of Lincoln' have incorporated the Duff Armstrong trial in their volume. In Barret's "Life of Lincoln" referring to this trial, the author says that Allen testified to the exact position of the moon, then says: "At this point Mr. Lincoln produced an almanae which showed that at the time referred to by the witness there was no moon at all, and showed it to the jury." Mr. Herndon in his "Life of Lincoln" also gives an account of the trial, and says, 'Lincoln floored the principal witness for the prosecution, who had testified positively to seeing the fatal blow struck in the moonlight, by showing from an almanac that the moon had set."

Another Almanac Story

One of the stories about the almanac early in circulation, was that Mr. Lincoln, on the adjournment of court for the day, took an almanac of the date 1853 and changed the figures throughout so that it read 1857. That there was an adjournment for the day before the trial closed is refuted by the record as given above. Furthermore, the opportunity for certain detection of such a fraud was so great, and had it been detected it would have proven disastrous, and resulted in the certain conviction of the defendant, and in everlasting disgrace to Mr. Lincoln and his associate counsel, even if it could be believed for a moment that either or all of the counsel would have been guilty of the attempt to perpetrate such a fraud. The firm of Walker & Lacey had been employed to defend the case, and both members of the firm were present at the trial. The firm was composed of William Walker, a reputable and highly respected attorney of the Mason County bar, and Lyman Lacey, who was one of the young men above reproach. He subsequently became circuit judge of the district of which Cass County formed a part, and served as such judge for a period of twenty-four years. He was also for many years judge of the Appellate court of this state. Mr. Lincoln was at that time, next to Senator Douglas, the most conspicuous figure in Illinois. It was fully expected that the Republican convention which was to be held at Springfield on June 16. would nominate him as its candidate for United States senator, which it did. It is incomprehensible that such men should be accused of engaging in a work of fraud of that character, and more especially when it would have been wholly unnecessary. The witness. Allen, had testified and emphasized the statement by repeating it, that the moon was right up overhead. It is a well known fact that the moon in the summer months "runs low," that is, it does not rise high above the horizon in latitude 40, north. All the almanacs for the year 1857, which give the phases and the hour of the rising and setting of the moon, show that on the night of August 29, of that year, the moon set at 12:05.

Astronomer Testifies

For additional proof of the position of the moon on that date, J. N. Gridley who was preparing an article on the subject for the journal of the Illinois State Historical Society, wrote the director of the conservatory at Urbana, IIl., who replied thereto as follows: 'The time of moonset was within fifteen minutes of midnight, but to give this closer. I would have to know the exact locality for which to compute." In answer to a second letter furnishing the desired information, the director replied: "I computed the time of moonset for longitude 90 degrees west of Greenwich, the latitude 40 degrees. For August 29, 1857, I find the moonset at 12 h. 05 m., i. e., five minutes after midnight of August PASE

On August 30, 1914, the moon set at 12 h. m. the 29th falling on Saturday, as it did in 1857. For all practical purposes of observing the position of the moon between the hours of 10 o'clock P. M., and 12 o'clock P. M., the moon on August 30 this year was the same as it was on August 29 and 30, 1857. The writer in company with others observed the position of the moon on the night of August 30, 1914, and found it low above the horizon from 10 o'clock, P. M., and of course getting lower until it set at 12 M. From all the above it is evident the moon was not in the position in the sky where the witness Allen had sworn that it was. To refute the statements of the witness Allen, and to discredit his testimony before the jury, Mr. Lincoln produced the almanac to show the real position of the moon. It was so understood at the time, and no other view was taken until years afterwards when some _ irresponsible degenerate person wished to smirch the character of Abra- ham Lincoln, and call into question his honesty and integrity. John T. Brady, the last survivor of the jurors who tried Armstrong, writing tu his friend J. N. Gridley of Virginia, in 1909, says of this part of the trial.

"T am satisfied the jury thought Allen was telling the truth. I know that he impressed me that way, but his evidence with reference to the moon was so far from the facts that it destroyed his evidence with the jury. The almanac that was produced was examined closely by the court and the attorneys for the state, and the almanac showed that the moon at that time was going out of sight, setting; and the almanac was allowed to be used as evidence by Judge Harriott." Mr, Brady further says. speaking of the deliberations of the jury : Sie were out less than an hour: only one ballot was taken, and that was unanimous for acquittal."

The discrediting of the principal witness for the prosecution, and the eloquent address to the jury by Abraham Lincoln. caused them to make short work of the case. and it would have been Jong since forgotten. and gone into utter oblivion if it had not heen for the subsequent fame of the chief counsel for the defense.

Tablet Placed On Court House

The old courthouse in which the trial was held is vet standing in excellent condition, and is used as the city hall for Beardstown, and also for the city court, recently established in that city. In 1909 the Woman's Club of Beardstown placed on the walls of the building a tablet reading : service in the Civil war. and served until 1862, when. being seriously sick in a hospital, his mother wrote President Lincoln, who sent an order for his discharge. THe was an honorable citizen of Cass County and lived a sober, industrious life. dying at Ashlannd, this county. May 5. 1899. The brother, A. P. Armstrong. who witnessed the assault, and was present at the trial of both Norris and his brother William, is still living at Ashland.

High School, Virginia

County circuit as judge of the Twenty-first Judicial Circuit until 1867, when he was succeeded by Hon. Charles Turner, who held the court until the change was made under the constitution of 1870. By act of legislature March 28, 1878, the General Assembly divided the state, exclusive of Cook County, into twenty-six judicial circuits, in which a judge for each circuit was elected, June 2, 1873, for a term of six years. Cass County was a part of the Eighteenth Circuit, and Hon. Cyrus Epler was elected judge. Cyrus Epler was a son of John and Sarah (Beggs) Epler. Mrs. Epler was the second daughter of Captain Charles Beggs. one of the early pioneers of Cass County. Jchn Epler settled on a farm near Princeton, in what is now the southern part of Cass County, with his wife and four children, the oldest of whom was Cyrus, who was born in the Indiana home, November 12, 1823. Cyrus Epler had been a practicing lawyer for some years in the city of Jacksonville, when he was elected to the bench as judge of the Eighteenth circuit. He was continuously elected and served as judge of the Cass circuit as long as Cass County was associated with Morgan County in the various circuits which were formed in and under acts of legislature redistricting the state. The act of 1897 placed Morgan and Cass counties in separate districts and ended the successful career of Judge Epler of a quarter of a century as a Circuit judge.

Circuit Judges

By act of 1877 thirteen circuits exclusive of Cook County, were formed and provision made for the election of three judges for each district. Cass County was a part of the Seventh circuit and we had as judges. Hon. Cyrus Epler, Hon. Lyman Lacy of Havana. and Hon. Albert Cc. Burr of Carrelton. Judge Burr died while in office and was succeeded by Hon. George W. Herdman of Jersyville. These judges served until 1897. when under the apportionment of that year Cass became a part of the Eighth circuit in which it has remained ever since. The three judges elected for this district or circuit at the regular election, June 18. 1897. were John C. Broady of Quincy, Harry Higbee of Pittsfield, and Thomas N. Mehan of Mason City. They served for a term of six years when Judge Broady was succeeded by Hon. Albert Akers of Quincy, the other two being re- elected. Judge Mehan, however, survived only the half of his term. He held the October term, 1906, of the Cass County court, but retired tu his home in Mason City, a very sick man, and his illness terminated in his death on November 8, 1906. At the special election held December 29, 1906, Guy R. Williams of Havana was elected to fill the vacancy caused by the decease of Judge Mehan. Judge Williams has the distinction of being the youngest circuit judge in the state, being but thirty-five years of age when elected. At the next regular election held in June, 1909, he was re-elected for a full term of six years together with Judge Higbee and Judge Akers, and they are the present incumbents. Judge Higbee has also served during the entire time for which he was elected judge of this circuit, as judge of the Appellate court of the Second and Fourth districts successively. Notwithstanding the various changes in the judicial system and the several re-apportionments, since

When the permanent location of the county seat of Cass County was determined, the Circuit court once more convened at Virginia, in the present courthouse, the third Monday of August, or on August 16, 1875.

The county courts were, by the constitution of 1870. made courts of record, and entirely separated from the business affairs of the county. They have original jurisdiction of all matters in probate and the settlement of estates, appointment of guardians and conservators. and in matters relating to apprentices and for the collection of taxes and assessments, and such other jurisdiction as the legislature may provide. The legislature has seen fit to confer upon the County court. jurisdiction of many matters and subjects until the volume of business in those courts has equaled and often exceeded annually the business of the Circuit court.

County Court Judges

The County court has been presided over since 1873. when the first election for judge of the court was held. by the following persons: John W. Savage. 1873 to 1877; Jacob W. Rearick, 1877 to 1882; Darius N. Walker, 1882 to 1890; Henry Phillips, 1890 to 1898; John F. Robinson,

Beardstown City Court

1898 to 1902; Darius N. Walker, 1902 to 1910; Charles E. Martin, 1910 to 1914. Judge Martin was re-elected November 3, 1914, for another term of four years. BEARDSTOWN CITY COURT.

An election was held in the city of Beardstown, April 18, 1911, upon the question whether or not a city court should be established for that city. The proposition to establish the court was earried by a large majority, and on June 8, following, an election was held for judge and clerk. Hon. J. Joseph Cooke was elected judge and John Listman was elected clerk. The court was formally opened November 6, A. D. 1911. The regular sessions thereafter were established by order of the judge in accordance with the provisions of the law relating to city courts,

The names of attorneys who have resided in Cass County and practiced at the bar of the various courts, in so far as they can be ascertained, have been as follows: Henry E. Dummer, J. Henry Shaw, Garland Pollard, Sylvester Emmons, Henry Phillips, Thomas H. Carter, tichard S. Thomas, Mark W. Delaha, Charles E. Wyman, Richard W. Mills, James Norman Gridley. Cassius W. Whitney, Charles M. Tinney, Arthur A. Leeper, Linus C. Chandler, George L. Warlow, William H. Thacker, George W. Martin, Richard Wade, Benjamin F. Thacker, Reuben R. Hewitt, Charles . Martin. Benjamin F. Seudder, Rollo I. Woods, Milton McClure, Charles A. Schaeffer, Charles A. Gridley, William Jones, J. Joseph Cooke, I. H. Stanley, A. T. Lueas, J. J. Nieger. William T. Gordley, William H. Dieterich, Lloyd M. McClure, Leonard W. Felker, Harry F. Downing, H. F. Kors, and J. Edward Clifford.

State'S Attorneys

The constitution of 1870 also abolished the district attorney and provided that at the election for members of the General Assembly in the year A. D. 1872, there should he elected in each county a state's attorney. whose term of office should be four years. Under that provision of the law, Cass County in 1872. elected Linus C. Chandler to the office of state's attorney, and he served one term of four years. when he was succeeded hy Arthur <A. Leeper, elected in

Reuben R. Hewitt, elected in November, 1880, succeeded and served for four successive terms, or a period of sixteen years. He declined further nomination, and was succeeded by Charles A. Schaeffer, elected in 1896, who served for one term. In November, 1900, Charles A. Gridley was elected to this office and served until 1908, a period of two terms, when he in turn was succeeded by A. T. Lucas, elected in 1908, and re-elected in 1912, who is the present incumbent, his term not expiring until 1916.