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De Witt County, Illinois - Chapter 9: Civil History, 1882 (part 2 of 2)

From ... History of De Witt County, Illinois. With Illustrations Descriptive of the Scenery, and Biographical Sketches of Some of the Prominent Men and Pioneers, published 1882. 13,960 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

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13,960 words

Machine-read from scans of ... History of De Witt County, Illinois. With Illustrations Descriptive of the Scenery, and Biographical Sketches of Some of the Prominent Men and Pioneers, published 1882. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

" Resolved, by the board of supervisions, that the editor of any paper of the county be permitted (sic).' to examine the records -with a view of publishing the proceedings of the board." There may be some propriety in such permissions, when granted by the Czar of Russia, the Tycoon of Japan, or the king of the Cannibal Islands, but a board of supervisors in the grand American Republic ought to have known that neither editors nor the people generally need any permit to inform themselves of the proceedings of thiir servants.

The domain of the county of De Witt seemed to have been too small for this board, as appears from the following resolution passed at the same December term :

Revolted, "That the registering law of the state is onerous, burdensome and productive of no good, and ought to be repealed." Thirteenth Boarl - 1871 (o 1872.

A resolution, that the chairman be instructed not to sio-n any county bonds for the Gilman, Clinton and Springfield Railroad company, until there had been a full investigation of the legality of issuing such bonds, and of the constitutional power of the legislature to authorize such subscriptions, was voted down, onlv Walker voting in the affirmative. (What had become of the member who had seconded the motion?)

The board voted to the various townships the sum of 81,45000 ; the records do not state who introduced the resolution, nor for what purposes the money was voted. The several supervisors were authorized to call on the clerk for their respective money orders ! !

The issuing of such orders, with no audited vouchers to back them, is a violation of law, and the treasurer, who honors them is liable on his bond for the full amount. Another resolution following at the heels of the preceding one, is worse - an absolute wrong, as the supervisors vote themselves a larger compensation than the law coutemplates, to wit. ; 82.00 per diem, 81..5f) a dav for expenses, and 10 cents per mile, mileage, one trip. Robert Walker voted - nay.

Resolved, by the board of the supervisors of De Witt countv, that W. Gambrel, Robert Walker, and Benjamin Howard be appointed a committee to employ jiroper counsel to inquire as to the legality of the bonds of De Witt county, given to the Gilman, Clinton and Springfield Radroad company, and if by their decision they are found to be illegal, resist the collection of the tax as now extended on the various collectors' books.

David Kelley, of Santa Anna, chairman ; Robert Walker, Harp; Moses Predmore, Nixon ;j'Heury Bennett, Creek ; Benjamin Howard, Tunbridge; William Bishop, Clintonia; E. B. Harrold, Wapella; William Gambrel, Barnett; W. H. Oglevie, Waynesville; W. M. Moore, Texas; J. A. Lemert, Wilson; D. A. Rosencrans, De Witt; and Peter Brickey, of Butledge.

The committee appointed in December, 1871, made report in August, 1872. The report, not recorded, nor on file, was received, and the committee disharged. The tax fight continued, being based principally on the omission of the treasurer's signature on the bonds issued.

" Be it resolved by the supervisors of De Witt county, that the extending of common law jurisdiction to county courts, and the present mode of selecting jurors is both expensive and unnecessary, and is derogatory to the best interest of the tax-payers of this county, and should be repealed." Another:

" Be it resolved, by the board of supervisors of De Witt county, that the present registrj' law is useless aud burdensome, and a tax on the people without any benefit whatever resulting therefrom, and that both experience and economy, as well as justice and right, demand its immediate repeal." - Still another:

" Re-'iolved, second, that it is our opinion the present requirements of the common school law in reference to the qualifications of teachers, is an unjust discrimination in favor of certain state institutions and injurious to the masses of the people, and that equity and good conscience demand its immediate repeal."

" Resolved, third, that in our opinion the county superintendent is a mere man of straiv, and that the office should be abolished, and a county board of examiners elected or appointed instead thereof, to be paid by the applicants for teaching."

First meeting was held in September; the salary of the county clerk was fixed at 81,20000, and 81,000 for deputy hire; salary of county judge at 8400 per annum.

Whereas, the county finance is in a " mixed " and unsatisfactory condition in consequence of our county officials not carrying out the provisions of the laws now in force in regard to records ; and whereas, in order to get our finances in a more safe and " intelligible " condition, and for the purpose of having our laws fully carried out, - therefore be it resolved by the board of supervisors of De Witt county in session, that the treasurer of

De Witt county is hereby instructed to carry out sections 30 and 31, cliapters 27, page 149. Gross' Statutes of Illinois ; also section 25 of chapter 25, page 156 of the above statutes."

" Resolved, by the board of .'upervisors of De Witt county, that a committee of two be appointed by the chair, to search records and reports, and make a full investigation of the acts and doings of THIS BOARD and its committees in relation to the purchasing of and paying for the poor farm, the amount paid, and how paid ; also, the purchasing of stock and farm implement.5, and fitting up the poor farm for the first year, also naming the expenses of each year, and report to this board at its next meeting." - Walker and Randolph were appoiuted as members of this committee.

Report Of Committee Ox Purchase Of Poor-Farm

To the Board of Siiperviior.^ nf De Witt county: - Your committee appointed to investigate the acts of this board and its committees in purchasing, fitting up, and putting in practicable operation the poor-farm, also its necessary expenses, would report, that we find on page 640 Supervisors' record, a resolution appointing a committee of three to purchase a farm, and put in operation as a poor-farm, and instructing the county clerk to issue coun'y orders to pay all indebtedness incurred therebv. Your committee cannot learn from the records that any bonds were issued. James De Laud, Benjamin Howard, and John Bosserman, were appointed that committee. From other sources your committee learned that bonds to the amount of 85,000 were issued and sold to Shepard & Co., of Chicago,- but that after- it was discovered that the county had no authority to issue such bonds. And on page 472 of supervisiors' record, we find a resolution directing De Land to correspond with Shepard & Co., and have the bonds paid in some other way. On same page committee on poor-farm reported. Report was approved and ordered filed, and the committee directed to complete their work. Your committee could not find said report among the files, nor ascertain or learn its contents. On page 473, we find a resolution directing the county clerk to issue county orders to cover all indebtedness incurred in purchasing and fitting up the poor-farm. Your committee, by examining the stubs on the order book, found the following orders have been issued :

84,000 of the above amount were paid on the farm, and the balance, 84,578 67 (should bs 85,578.67) seems to have been spent in building the house, buying teams, stock, farming tools, household furniture, seeds, feed and provisions for the first year. What part was spent in building your committee have not the means of knowing. The farm contains two hundred acres, and the contract price 89,500. Four thousand of that amount appears have been paid out of the above orders, the balance was to be paid in two notes, which were made by B. Mills, and secured by deed of trust on the farm; one of the above notes was for 82,500, and was paid by L. D Hovey, county treasurer, in May, 1872, and the other is for 83,000, due in May, 1874. The personal property is inventoried to be worth 83,663. Your committee find the record of running expenses during the first two years so imperfect, that they cannot state what the expenses were."

This report was received, but failed to give satisfaction or to quiet the minds of the people- It cannot now be stated, whethtr the error of 81,000, pointed out above, was discovered at the time. The fact is that the poor-farm, improvements and stock included, had cost the county fifteen thousand and seventy-eight dollars and sixty-seven cents.

" Be it resolved by the board of supervisors of De Witt countv, that there be a committee of three appointed to investigate the acts and doings of the committee empowered to purchase a poorfarm, and that said investigating committee have power to summon any person or persons whom they believe to know anything in regard to the facts pertaining to the same, and especially the purchasing committee, and such evidence shall be taken in writing, and report the same to the board of supervisors at their next meeting - the evidence shall be taken under oath."

To the board of supervisors of De Witt county - Your committee appointed to investigate the acts and doings of the committee appointed by said board to purchase and put in practical operation a poor-farm, would submit the following:

That we find, upon the sworn statement of James De Land, that the amount of money received by said De Land from the county did not exceed the amount paid out by him in the purchase and fitting up of said farm, and upon the sworn statement of said De Land and .John Bosserman, that there was a detailed report made by them of their acts and doings as said committee, and submitted to the board, received by them and placed on file and the committee discharged ; that the deposition of B. Mills corroborates the evidence of said De Land and Bosserman so far as the purchase of the farm was concerned. Your committee recommend that the depositions of said De Land, Bosserman and Mills, be placed on file.

The poor-farm troubles ended for the time with this report, the contents of which are neither new nor interesting. The report made by Walker and Randolph was decidedly more accurate and to the point.

Seventeenth Board - 1875 to 1876. Lewis Campbell, of Clintonia, chairman. J. H. Randolph, Tunbridge; W. M. Phares, Texas; J. C. Coulter, Xixon ; Z. D.

As stated heretofore, the authorities of the county had caused a special railroad- tax to be levied and extended in 1871 and 1872. Pending the collection of this tax, the board undertook to repudiate the debt, thus leaving the amounts meanwhile collected in the hands of L. D. Hovey, treasurer. The railroad levy had amounted to 839,888.48, of which S7,642 09 had been collected, and had remained unaccounted for ; this appears from a report made to the board at their August term, 1876.

The suits about those railroad bonds had been decided against the county. In September, 1876, the board consented to hear Hon. Milton Hay, of Springfield, who would make some proposition in regard to the payment of those bonds. The records do not contain any account of the nature of this proposition. A committee had meanwhile been appointed to ascertain the probable cost of an appeal of the case to the Supreme Court of the United States, and now reported, that S-570 were needed to bring the case before that court. On the 11th of October, 1876, the board elected a committee of three to negotiate with the bondholders, with a view of effecting a corapromi-e.

This committee, consisting of J. H. Randolph, James Wilson, and W. O. Gray, entered into consultations and deliberations the attorneys of the bond-holders, and on the 29th of December, 1876, submitted the following articles of agreement to the board, to wit :

Whereas, the JEtna Life Insurance Company, the Ridgely National Bank, Ammasso Stone, and the Society of Savings, are the holders and owners of bonds i.-sued by the county of De Witt in aid of the Gilman, Clinton, and Springfield Railroad, in the aggregate amounting to one hundred and sixty-four thousand dollars, and upon which said bonds there are over-due coupons for five annual installments of interest, ending with the coupons due the 1st of July, A. D. 187G, amounting to eighty-two thousand dollars, and upon which over-due coupons there have also accrued a considerable amount of interest; And whereas suits have been pending in which the validity of said indebtedness has been questioned, by reason of said bonds not having been countersigned by the county treasurer, both b)' the tax-payers of said county of De Witt and the board of supervisors of said county, said suits have been terminated adversely to the said taxpayers and county of De Witt; And vliereas the holders of said bonds are pressing the county by suits and otherwise for the payment of said over-due interest, as well as of all accrued interest thereon ; and the said bond-holders are desirous of quieting all questions as to the validity and sufficiency of said bonds upon the one hand, and said board of supervisors are desirous upon the other hand of obtaining ease and time for the payment of Baid over-due interest. Now, therefore, it is agreed by and between the said board of supervisors and the said bond-creditors of said county, that the said board of supervisors will, by an order or a resolution of said board at its next meeting, direct the county treasurer of said county of De Witt to countersign the aforesaid bonds as held by said creditors, as the same may be presented to him for that purpose ; and said board of supervisors Jo further agree, that said over-due interest, as evidenced by the said five over-due coupons, and all interest accrued thereon, shall be paid by the said county in five annual installments of one-fifth thereof in each installment; the first of said installments to be paid by the first day of July, A. D. 1878, the levy in the year 1877 to provide for the same, and thence successively until all are paid, subject to a deduction, however, to be made of four years of accrued interest, or interest to accrue upon said over-due interest; that is to say, that said annual installments or coupons over-due, shall be taken up and paid each in its order six years from maturity thereof, with two years' interest on each of said coupons or installments. The true intent and meaning of this being, that said county shall have a rebate of interest accrued and to accrue, equal to the sum of nineteen thousand six hundred and eighty dollars (819,680). And the said creditors agree on their part to accept payment of said overdue coupons in manner aforesaid, and with the deduction of interest thereon, to be made as aforesaid ; and that they will desist in the mean time from all legal proceedings to enforce the collection and payment of said over-due interest, and upon payment as aforesaid will surrender said coupons to said county.

And said creditors do further agree, that if the board of supervisors of said c unty of De Witt shall be lawfully authorized by a vote of the legal voters of said county to fund the said overdue interest into bonds bearing interest at the rate of ten per cent, per annum, the interest payable annually, and the principal maturing at either sixteen or twenty years, so as that said bonds may be executed and delivered by the 1st day of July next, that they will accept said bonds at par for said overdue coupons, so arranging and adjusting the coupons for interest thereon as to give to said county the advantage of the same reduction as contemplated by the arrangement first recited herein, or the said county may, at its election, dispose of said bonds, paying to said creditors the par value thereof, and if such election be made, said county shall have the same advantage of reduction to the extent aforesaid, that is to say, the said creditors will accept the face of said coupons less the sura of three thousand two hundred and eighty dollars in full discharge thereof, provided said money is paid by the first day of July, A. d. 1877.

It is further agreed, that the judgments upon a portion of said coupons rendered in favor of the Society for Savings and the JEtna. Life Insurance Company, shall be subject to the foregoing agreement, and that said judgments shall be satisfied upon the payment nf the coupons embraced therein, as though judgment had not been rendered thereon, the county to pay the costs in said suits. And it is further agreed, that the suit of Lisenby and others vs. Melvin and others, in the Logan Circuit Court, may be dismissed at the cost of the county, and that defendants shall waive all damages by reason of the injunction therein. Signed : Hay, Green & Little, Attorneys,

The board, by a vote of six, to wit, Randolph, Phares, Hendrix, Marsh, Wilson, and Rathburn, against five, to wit, Lisenby, Bradley, De Land, Walker, and Parlier, passed a resolution to compromise the bond (juestion on the basis of the articles of agreement submitted. (Amos Dick and W. O. Gray did not vote; they had probably "paired" off. Mr. Gray had previously signed the articles as member of the c immittee, and would certainly have voted in the affirmative.)

The bonds represented by the parties above mentioned amounted to §164,000, drawing ten per cent, annual interest; the accrued interest remaining unpaid amounted, July 1st, 1S76, to the enormous sum of 8S2,000.

J. H. Randolph, of Tunbridge, Chairman ; Thomas Corn well, of Texas ; George Scott, of Creek ; C. S Lisenby, of Nixou ; N. M. Barnett, of Barnett ; James De Land, of Clintonia; Charles Willmore, of Harp; D. H. Rosencrans, of De Witt ; Matthew Hammett, of Waynesville ; Jacob Parlier, of Wapella; Thomas Cain, of Wilson ; Daniel Fuller, of Rutledge, and L. Rathburn, of Santa Anna.

It will be observed that only two of the six members voting for a compromise had been re-elected, while three of the five voting in the negative were returned. Neither Gray nor Dick, of the " pair off," was re-elected.

W. 0. Gray, of Rutledge, Chairman ; Edward Weld, of Texas ; J. D. Graham, of Creek ; C S. Lisenby, of Nixon ; N. M. Barnett, of Barnett ; John Wrightwick, of Clintonia; Charles Willmore, of Harp; John Marsh, of De Witt; Mathew Hammett, of Waynesville; T. W. Cain, of Wilson ; L. Rachton, of Santa Anna; Jacob Parlier, of Wapella, and J. R. Turner, of Tunbridge.

For the first time since 18.50 a financial statement of the county is made a matter of record. It was submitted by the County Treasurer on the fourth day of December, 1878, and though brief, it has a pleasing appearance, i. e., the cash-box of the county was well stocked.

In March, 1879, steps were taken to refund the county debt in six per cent, bonds, the holders of §155,000 of old county bonds having agreed to surrender them for cash. A petition praying for a vote on this question was presented on the 2d of March, and an election ordered to be held on the first Tuesday of April next. A called meeting of the board was held on the 31st of March and the above order in reference to holding such election was rescinded.

W. O. Gray, of Rutledge, Chairman ; J. R. Turner, of Tunbridge; A. E. Newman, of Texas ; John D. Graham, of Creek ; John N. Maidove,of Nixon ; Lyman Barnett, of Barnett; James De Laud, of Clintonia; Charles Willmore, W Harp; Jacob Swigart, of De Witt ; Matthew Hammett, of Waynesville ; Jacob Parlier, of Wapella ; Nicholas Foley, of Wilson, and Levi Rathburn, of Santa Anna.

Board met on the 22d of April. Upon motion of James De Land, the chairman appointed a committee of one in each township to collect the remains of deceased Union soldiers buried in private or village cemeteries.

The revenue derived from the surplus fees earned in the various county offices had fallen far short of expectation, and the board, in their desire to increase the resources of the county, passed the following preamble and resolutions:

" Wiiereas, there is a large amount of fees in the Circuit Court of De W-ilt County tincollecled ; and whereas, by the negligence and delay in collecting saiil fees the county sustains great losses, therefore be it Resolved by the Board of Supervisors of De Witt County, that we hereby .sell said fees to W. Z. Dewey, for one-half of tiie actual amount of said fees which he may be able to collect; and it is hereby expressly agreed that the county shall be at no expense in or about tlie collection of said fee^, and that he make a

' full and cumplete report, whenever required by said board, of the amounts collected and not collected, with reasons for their non-collection ; and that he leave said money in the hands of the proper officers of said county, to

! wit: the Circuit Clerk, the County Clerk, and the Sheriff. Time for collecling fees to commence immeJiately, and to cover tiie time from December, 1872, to December 1878."

1 general make-up. It is somewhat bucolic, the reader imagines, to snili'the balmy air of that bright September day ; the luscious melon and the tempting peach, tilt cattle lazily ruminating, aj)- pear before his mental vision, etc., etc. We were shown " says the report, after mentioning the pleasures of the festive board, " through all the buildingj by the Superintendent (, W. M. Moore, Esij.J, and then walked over the farm, through the cornfields, finding them well tended, and burdened with a heavy crop," etc., etc. ; " and we desire to say to the people of the county, that the farm buildings and stock are a credit to the county ; the hogs, 157 in number are unsurpassed in tjuality, and the teams, tools, and machines are in good order. Tne management of the farm, as well as the care of inmates, is faultless, and reflects credit upon the superintendent and lady, to whom the board cheerfully accord the same, without a dissenting voice. The apartments for

' the poor are clean, airy, and comfortable, as well as their clothing and food (' airy ' clothes may be all right in summer, but ' airy ' food is rather ' thin ') ; their discipline is good, - all in keeping

I and ended in the appointment of James De Land as committee of one to investigate. W. Z. Dewey reported, about that time, that he had collected §486.25 of old fees, and drew his compen- sation, §243.12. Would not the county liave fared better in offering this compromise of iifty per one hundred to the individuals by whom those fees were due ?

At the next meeting of the board, James Do Land filed his report in reference to tees earned and collected in the office of Circuit Clerk, 18 72 to 1ST6. This report is most elaborately compiled, and winds up by stating that the officer in question, Mr. Harrison, was then owing to the county a balance of S"'372.03, and not of 8350..39, as would appear from his own report. On motion of Mr. Graham, the report of Mr. De Land was accepted.

A second petition, praying for a vote on the question of refunding the county debt at a lower rate of interest, was filed March 1st, ISyO ; the prayer was granted, and an election ordered on the day of the April township election.

Suit for S10,OOU was brought against Harrison and his sureties, but an amicable settlement, based on fifty per cent, of amount due to the county, was proposed by said sureties ; the moaey, viz., S'lOOO, to be paid into the county treasury within sixty days after adjournment of court.

W. Z. Dewey reported to have collected ohl fee? to the amount of S1200. The county d^bt to be refunded amounted, in the aggregate, to §175,000. At a called meeting of the board, held on the loth of March, the order for holding an election on this question, at the April town election, was rescinded, and a special election ordered to be held on the fifteenth day of April next. It seems that the phraseology of the previous order did not suit capitalists or bondholders, and the vote now was to be on twenty years' bonds of SIOOO each, bearing sis per cent, annual interest, and made payable in Xew York.

J. R. Turner, of Tunbridge, Chairman ; A. E. Newman, of Texas ; J. D Miller, of Creek ; J. N. Manlove, of Nixon ; Charles Kichter, of De Witt ; Lewis Campbell, of Clintouia , Charles Willmore, of Harp ; E. D. Sessions, of Waynesville ; Jacob Parlier, of Wapella; Mathias Crum, of Santa Anna; E. Helmick, of Rutledge; Nicholas Foley, of WiUon. Oae vacancy (Barnett), the Supervisor elected refusing to qualify.

There is quite a little history connected with the supervisorship of said town, which will more fully appear in the township sketch. Nathan Barnett, elected Supervisor in 1878, had qualified as such officer in due form of law. His township had voted a subscription of §30,000 in aid of constructing the Illinois Midland Railroad ; and as the road was located so very near the West township line as to be almost outside of the town, the authorities concluded to repudiate this subscription. The lawmachinery was put in operation, and in due course of time a writ of mandamus was issued. Nathan refused to obey, was fined §500, and sent to Springfield jail for contempt of court. A man of grit, and Spartan-like, Nathan remained in jail until his term of office had expired and a successor was elected and qualified in the person of his brother Lyman. Nathan having, as he said, "worn out" the mandamus, had to be set at libertv. Lvman attended the meetings of the board during the year, and was succeeded, in 18S0, by W. Gambrel, who refused to qualify. The court holding that Lyman remained a member until his successor had qualified, proceeded against Lyman. He, however, is away from home at the present writing, and has been since those proceedings began. Barnett town is without a Supervisor, but gets along pretty well in its orphaned condition.

The election on the bond question was hi-ld on the 15th of April, and resulted in the adoption of the refunding plan. One hundred and seventy-five thousand dollars in one-thousand-dollar bonds were issued, and after some eflbrts to place them, the bank firm of John Warner & Co. oflfered to sell them at a commission of one-eighth of one per cent. This proposition was accepted, and §125,000 were disposed of by July 12th, ISSO. By September following all but six thousand dollars had been placed, and the board, desirous to close and complete the work, passed the following resolution : -

Wliereas. tliere are certain persons holding and owning a small number of old county bonds, wlio refuse to deliver up the same for their fair value, therefore be it Resolved by the Board of Supervisors of De Witt C^junty, that if said bonds are not delivered up to the hank firm of John Warner & Co-, at Clinton, Illinois, on or before November 1st, ISSO, for cancellation, this Board will then proceed to litigate, and stop payment of interest.

J. B. Turner, of Tunbridge, Chairman ; Cornelius Kelley, of Texas ; H. C. Spainhour, of Creek ; John N. Manlove, of Nixon ; William Metzger, of Clintonia; W. H. Cardifl!", of Harp; Jacob Swigart, of De Witt ; Charles Jones, of Waynesville ; F. L. Harpster, of Wapella ; Henry Brittin, of Wilson ; Franklin Vance, of Rutledge; Mathias Crum, of Santa Anna. Barnett township not represented.

The afl!airs of the county are now in a very favorable condition, the county indebtedness in a fair way of being gradually reduced and wiped out. The board is ably assisted in its labors by a corps of efficient county officials, to wit:

Probate Court. - The first session of this court was held August 10th, 1S39, and presided over by Fleming G. Paine. The proceedings were not of great interest. The few remarks about estates administered on at this early day are merely made for the purpose of illustrating the wealth or poverty of the parties mentioned, and of showing what commodities or personal property they had been possessed of, and what prices were obtained at the various admini.strators' sales.

The first estate administered on was that of Solomon Blount, - the day and date of his death is not mentioned. Catharine, his widow, and G. B Lemen, were appointed administrators. The penalty of the bond was §800, with Isaac Strain and W. C. Swisher as sureties. James Vandeventer, Thomas Wilson, and W. H. Lafferty were appointed appraisers. The warrant of their appointment was, however, revoked on the 26th of September, and W. H. Lerty, D. Bobbins, and John Sash appointed in their place.

The following prices were obtained: A bee-stand, S4. 00 ; one side-saddle, 38 cents; one man's saddle, 84.00; a stack of fall wheat, 86.G0 ; one of spring wheat, 81. 50; one of oats, 82.25 ; one yoke of oxen, 860 50; eighteen sheep, 841.00; one colt, S42 00, etc., etc. 1'. Robbins clerked, and F. G. Paine, the judge, cried the sale. Corn was sold subsequently at 20 cents per bushel.

The inventory stated that the deceased held, at the time of his death, land certificates covering two hundred and eighty acres, all in town 20 Jf. R. .3 East.

The administrators charge themselves, as above, with 8"S2 \\\, and take credit as follows: Funeral expenses, 810.18; costs of appraisement and sale, 85 38 ; probate fees, 82000 ; debts paid, 8597.50, and administrators' compensation 840.55 cents, leaving

Second Estate. - Samuel Stewart died September 6th, 1839. The widow having resigned her right to administer, letters were granted to William Stewart, a son of deceased, on the 20th of September, 18o9. A bond of 83200 was signed by John Moore and George Barnes. The inventory, filed November 15th, showed cash and notes of hand amounting to 8318. 06. The personal property was appraised at 8654.78.

The widow's award was 8218.44, which she took in chittles at appraised value, the rest of personal property was sold at auction for 8508.48.

An informal settlement was made on the 4th of September, 1841, when the administrator reported to have collected 81,020.39, and to have disbursed 8970.25.

Third £«ta<e. -William Dye, died Sept. 23d, 1839. Nancy Dye, widow, and Ben. Cundiff, administrators. Inventory mentions 295 acres of land in township 19, 2 east, personal property appraised at 892.S.50. A part of this was sold at auction on the 8th of November, 1S39, for 8442.86. The following prices were obtained :

Fourth Edate. - Charles McCord, died November 8th, 1839. W. Y. McCord, administrator. This estate was small - 8168.10 in toto, but proved to be solvent; debts amounted to 8146.38.

A complete and accurate settlement of this estate was made, March loth, 1841. The administrator charged himself with the inventory and sale-bill, together with amount of interest accrued on deferred payments, to wit.: 893. S6 ; total, 82,135.27, aud took credit for costs in court, 816 00 ; expenses of sale and appraisement, 812.00; debts paid, 822.00 ; administrator's compensation, 8107.81 ; balance for distribution, 81,977.46. The heirs, Panthea, Edwin, Lawrence, and Horace Armsby receipted for their shares, 8494.36, on the same day.

Sixth Edate. - Jacob Brown died April 7th, 1.840. This estate was insolvent; there was only 818.77 with which to pay funeral expenses, court fees, and 8108.53 in probated claims.

Seventh £,Me. -Matthew R. Martin died April 18th, 1840, (His name appears again below ; he had been killed by one Turner.) John Lane became administrator, and sold the personal effects of deceased for 847. 69.

In Sept. 1851, eleven years later, the administrator was cited to make a settlement. He appeared and paid the court fees. The debts of the deceased amounted to 888.98.

Elrjhih Edate - Joshua Cantrall had died testate. His will being the first ever probated in the county of Dj Witt, is here introduced in full, to wit- :

In the name of God, Amen! I Joshua Cantrall, of McLean county,* and State of Illinois, being in perfect health of body and of sound aud disposing mind, memory and understanding concerning the certainty of death and the uncertainty of the time, and being desirous of settling my worldly aft'airs, and thereby be the better prepared to leave this world, when it shall please God to call me hence, aud I do therefore make and publish this my last will and testiment, in manner and form following, that is to say : First and principally I commit my soul into the hands of God, and my body to the earth to be decently buried ; and after my debts aud funeral charges are paid, I design and bequeath as follows :

Fird. I design and bequeath to my wife, Raehcl, during her natural life, the farm on which I now live, as deeded to me by Mark Pherson and Frederick Stip, except the east-half of the west-half of the north-west quarter of section 29 of township No, 21. north of range No. 1, east of the third principal meredian. and I will one acre of land to be laid oft" in a square in the north-west corner of section No. 32, for the purpose of a burying place.

Also, of the live stock as follows: two head of horses, three cows and calves, twenty head of sheep, all of such as she may choose, and as much of the house-hold and kitchen furniture as she may deem necessary for her convenience ; also, one wagon two plows, and the tackling sufBeient to work the .«ame, and four pair of gears, one logchain, one axe, one mattock, and one hundred and fifty dollars in money-

Thirdly. To my daughter, Thirza, I design and bequeath a tract of land, it being the west half of the south-east quarter of section No. 4, in township No. 19, north of range No. 1, cast, and one hundred and fifty dollars.

hundred dollars and forty acres of land, more or less, it being the north-east quarter of the north-east quarter of section No. 12, in same township.

Fijlh, and to my daughter, Mahala, I design and bequeath three tracts of laud, the first being the west half of the east half of the south-east quarter of section No. 30, in township No. 21, north of range No. 1, east of the third principal meridian; the second being the west half of the north-west quarter of section No. .5, in township No. 20, north of range No. 1, east of the third principal meridian, except one acre and one hundred and forly rods, lying on the north-east corner of said lot, beginning at the north east corner of said lot, thence west twenty-five rods to a stake, thence north twelve rods to a stake, thence east twentyfive rods to a stake, thence north twelve rods to the beginning, which lot or parcel of land, of one acre and one hundred and forty rods as last described, I bequeath and design to my son AVilliam.

The third tract I design and bequeath to my daughter jMahala, I being the east half of the north-east quarter of section No- 11, township No. 19, north of range No. 1, east of the third principal ] ibedidian.

Sixth. And to my daughter, Polly, I design and bequeath three tracts of land as follows : The first being the east half of the southeast quarter of section No. 27, in township No. 20, north of range No. 1, east of the third principal meridian, the second being the south-east quarter of the south-west quarter of soctiou No. o5, in township No. 20, north of range No. 1, east, the third being lot No. 2, north-east quarter of section No. 2, in township No. 19, north of range No. 1, east.

Seventh. And to my son AVilliam, in addition to the one acre and one hundred and forty rods above mentioned, I design and bequeath four tracts of land, the first being the east half of the east half of the south-east quarter of section No. 30, of township No. 21, north of range No. 1, east. The second being the west half of the north-east quarter of section No. 12, in township No. 19, north of range No. 1, east. The third being the south-east | of the south-west quarter of section 32, of tawnship No. 21, north i of range No. 1, east. The fourth being forty-eight acres, to be ; laid off upon the north end of the east half of the north-west quarter of section No. .5, of township No. 20, north of range No. 1, east. The balance of said lot or parcel of land. I design and bequeath to my daughter ^lahala, in addition to my other bequests to her.

Eight. And to my son Levi, I design and bequeath three tracts of land ; the first being the east half of the west half of the north- , west quarter of section No. 29, in township No. 21, north of range No. 1, east; the second being the west half of the south-east quarter of section No- 32, in township No. 21, north of range No. 1 , east ; the third being the east half of the south-east quarter of section No. 2, in township ^"- 19. north of range No. 1, east.

Ninth. And to my daughter Nancy, I design and bequeath three tracts of land as follows : The tlrst being the west half of the north-west quarter of section No. 2G, in township No. 20, north of range No. 1, east ; the second being the north half of the north-west quarter of section No. 1, in township No. 19, north of range No. 1, east; the third being the south half of the west half of the south-west quarter of section No. 36, in township No. 20, north of range No. 1, east.

Tenth. And to my son Joshua Christopher, I design and bequeath a tract of land, it being the wtst half of lot No. 2, northeast quarter of section No. 1, in township No. 19, north of range No. 1, cast.

Eleventh. And to my son Eli, I design and bequeath a tract of land, it being the west half of lot No. 1, north-east quarter of section No. 1, in township No. 19, north of range No. 1, east.

And furthermore, at the decease of my wife, I design and bequeath the farm on which I now live, as above described, to my last mentioned sons, Joshua Christopher and Eli, with all and singular the appurtenances thereunto belonging, to be equally divided between them ; and lastly, I will that the balance of my estate, both real and personal, be equally divided amongst all my children, as above named.

I do constitute and appoint my sons, Zebuhm and William, my executors of this my last will and testament, revoking and aunuHing all former wills by me made, ratifying and confirming this and none other. In witness whereof I have hereunto set my hand and seal, this 1.5th day of Ajjril, in the year of our Lord 1838.

Letters testamentary were granted to said Zebulon and William Cantrall on the 2.5th of August, 18-10 ,they having qualified by oath and entering into bond for S3,200. William, one of these executors, filed inventory and sale bill on the 2d day of November, a. d 1840.

The inventory contained a description of real estate, viz. : llGi'cs acres of land, four lots in the town of Waynesville, a list of notes and accounts due to the estate, amounting in the aggregate to S209.59, and a statement of cash on hand at the time of death, viz., 8400.50.

The sale of personal property, held on the 18th of September, brought §1,775.11, hence it would appear that the whole personal estate of the deceased amounted to §2,385.20.

The first certificate of this kiud was granted to John Sheehey, a native of Ireland, on November 1, 1866. Besides him, this court naturalized twenty-five other Irishmen, one German, and one Swede Eight others received cert'ficates of naturalization on account of military services rendered during the late civil war, to wit: William McDonald, company K, 152d Illinois Infantry ; George Toohey, company A, 107th Illinois Infantry ; John Stewart, company D, 107th Illinois Infantry; Ora C. Ives, company I, 154th Illinois Infantry; Stephen Adams.

Fourth Maryland Infantry (all Irishmen) - Avery H. Ives, a Canadian, 4ih Illinois cavalry ; John Schlafke, a German, company D, 107th Illinois Infantry, and George H. Claus, a Dtitchmau, company L, Johnson's cavalry. Seven others, who had come here as minors with their fathers, received also certificates of naturalization on first application. The county court of De AVitt county has therefore granted forty-three such certificates during a space of forty-two years.

Eistob Y Of De Witt Co Uxty, Illixois

Another branch of biijiiicss transacted by the probate or county court, was the " binding out," or indenturing of minors. The phraseology of the instruments seems to have been taken from an old English text; boys -nere to be taught the arts and secrets of farming, etc., and were to receis-e a Bible, and a horse with saddle and bridle at the expiration of their term, twenty one years of age ; girls were to be introduced into the secrets of house-keeping, and sometimes be taught the arts of a " spinster." Their servitude terminated with their eighteenth birth-day, and their compensation usually consisted in a Bible and an extra suit of clothes for Sunday wear. The following are the earliest indentures of the kind made in De Witt county, viz :

The Roster of officers in the Appendix contains the names of the gentlemen who presided over the sessions of this court, and also the length of their respective terms.

Cip.Cuit Court

The first term of this court was held on Thursday, October 24, 18-39, with Hon. .Samuel H. Treat on the bench, and D. B. Campbell, state attorney. K. H. Fell had been appointed circuit clerk of De Witt county, then a part of the eigh'h judicial circuit, by Hon. Stephen T. Logan, on the 23d day of March, 1839. Fell took the oath of office before William Anderson, an acting justice of the peace, on the 1st of April, 1839.

John Montgomery was appointed fijreman of this the first grand jury of the county. The names of the grand jurors chosen for this term have been recited above under the heading, (/ocerament of the county, and need not be mentioned again.

The first and only indictment returned by this august body was for a most trivial offense, and resulted, as it ought to have, in a verdict of " not guilty." This indictment was the "forerunner" of multitudes of similar charges, and it is very much to be deplored that grand juries will branch off on such business. True, such trivial charges are never upheld, but people are not only harrassed and worried by them, but have to incur heavy and galling expenses in defending themselves against frivolous and often malicious charges. The indictment above mentioned is here introduced at length. Its victim is to this day an honored citizen of the county, and though the contents of these pages may induce a smile yet, he well remembers how outraged he felt when the "capias" was presented.

George Clifton, an early settler was, at the October term of the Circuit Court, in 1839, indicted for malicious mischief. The indictment is in words and figures as follows:

De Witt County. J ' The grand jurors, chosen, selected, and sworn in and for the county of De Witt, in the name and by the authority of the people of the State of Illinois, upon their odths presen', that one George Clifton, on the first day of September, A. D. 1839, at the county of De Witt and slate aforesaid, one hog of the value of five dollars, (being then and there the property of one B. Lowery,) unlawfully, wilfulh', maliciously, did wound, contrary to the form of the statute in

And the grand jurors aforesaid, in the name and by the authority upon their oaths aforesaid, do further present, that on the said first day of September, A. D. 1S39, in the county and state aforesaid, the said George Clifton, one pig, of the value of five dollars, the property of one B. Lowery, then and there being found unlawfully, wantonly, willfully and maliciously did wound by then and there cutting the hoof-strings of the said pig, contrary to the form o'f the statute in such case made and provided, and against the peace and dignity of the same people of the State of Illinois.

George Clifton was put upon trial May 22 1, 1840. John Lowery, Wilson Hood, and Job Clifton had been subpcened for the people, and a jury was impannelled with William Stewart as foreman.

The defendant, George Clifton, who had at the October term last preceding, given bonds in the penalty of one hundred dollars, with Nehemiah Clifton as security, was acquitted.

James Harp, f >r selling liquor without license, six indictments- Harvey Bradshaw, for the same offense, five indictments. John French, for assaulting an ofiicer. Spencer Turner, for the murder of Matthew K. Martin.

The first murder trial in the county came off in September, 1840, bef ire the Hon. Samuel U. Treat, prosecuted by D. B. Campbell, States Attorney. Although the trial terminated in acquittal, there are some facts and incidents of great interest connected with the case, so that a brief sketch of it may here find space.

It appears, from a coroner's inquest conducted by Squire J. C. McPherson on the 19th of April, 1840, that Matthew K Martin, a citizen of De Witt county, "came to a premature death," in the town of Clinton, on said 19th of April, 1840, and that one " Spencer Turner " was in part the cause of said Martin's death.

The verdict of the coroner's jury stated further, that Martin came to his death by a severe blow upon his head with a club, struck by Spencer Turner, " together with his own (Martin's) imprudence in keeping himself in a state of intoxication and exposure in rain and inclemency of the weather, in the night previous to his death."

J. C. JlcPhersou now issued a capias, directed to all sheriffs, coroners, and constables of the State of Illinois, commanding each and all to " take the said Spencer Turner, if he be found in your county, and if he shall have fled, to pursue after said Turner into any other county within this State, so as to have his body forthwith before me or some other justice," etc.

Turner had not gone far, for the above capias is endorsed as follows: "Executed the within by fetching the body of Spencer into court, as commanded. This 19th day of April 1840.

The prisoner gave bond to the amount of ten thousand dollars for his appearance at court, with Merlin Hnblct, Allen Turner, Benjamin Shipley, I». II. Lawrence, aud Timothy B. iloblet, as bureties.

" The Grand Jurors, chosen, selected, and sworn in and for the county of Te Witt, in the name and by the authority of the people of the State of Illinois, upon their oaths present: That Spencer Turner, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 15th of April, in the year of our l^od one thousand eight hundred and forty, with force and arms, at the county of De Witt, in the State of Illinois aforesaid, in and upon one Matthew K. Martin, in the peace of the people then and there being, feloniously, wilfully, and with hi:* malice aforethought, did make an assault, and that the said Spencer Turner, with a certain wooden slick, of the value of ten cents, which he, the said Spencer Turner, iu his right hand then and there had and held, the said Matthew K. Martin in and upon the right side of the head, near the right temple of him, the said Jlattew K. Martin, then and there feloniously, wilfully, and of his malice aforethought, did strike, giving to the said Matthew K. Martin, then and there with the wooden stick aforesaid, in and upon the said right side of the head near the right temple of him, the said Matthew K. JIartin, one mortal wound, of the length of two inches, and of the depth of one inch, of which said mortal wound the said Matthew K Martin, from the said fifteenth day of April, in the year aforesaid, until the eighteenth day of the same month of April in the year aforesaid, in the county and State aforesaid, did languish, and languishing did live, on which said eighteenth day of April, in the year aforesaid, the said Matthew K. Martin, in the county and State aforesaid, of the said mortal wound died, and so the grand jurors aforesaid, upon their oaths aforesaid, do say that said Spencer Turner the said INIatthew K. Martin, in manner and form aforesaid, feloniously, wilfully, and of his malice afiirethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Illinors.

Douglas and Lincoln each took a promissory note of two hundred dollars iu pay for their services. Douglas was careful to get " good " paper, while Lincoln, with his known " charity to all," was satisfied with Spencer's paper, endorsed by William Turner.

" Abraham Lincoln, plaintiff, complains of Spencer Turner and William Turner, defendants of a plea of trespasss on the case upon promises ; For that whereas, the said defendants, heretofore, to wit, on the twenty-third day of Jlay, in the year of our Lord eighteen hundred and forty-one, at Clinton, to wit, at the county and circuit aforesaid, made their certain promissory note, iu writing, the said \Villiam signing his name thereto, thus: thereby then and there promised to pay, ninety days after the date thereof, to the said plaintiff, by the name of A. Lincoln, the sum of two hundred dollars, for value received, and then and there delivered the said promissory note to the said plaintiflT, by means whereof, and by force of the statute in such case made and provided, the said defendants there and then became liable to pay to the said plaintiff the said sum of money in the said promissory note specified, according to the tenor and eflTect of the said promissory note, and being so liable, they, the said defendants, in consideration thereof, afterwards, to wit, on the day and year aforesaid, undertook, and then and there faithfully promised the said plaintiff, to pay him the said sum of money according to the tenor and effect of the said promissory note; yet the said defendants (although often requested to do so) have not as yet paid to the said plaintiff the said sum of money in the said promissory note specified, or any part thereof, but so to do have hitherto whollv neglected and refused, and still do neglect and refuse - To the damage of the said plaintiffof three hundred dollars; and therefor he sues."

The suit was decided in favor of Abraham Lincoln, but the I officers failed to make collection. C. H. Moore, Esq., informed us that Spencer Turner, subsequent to the trial, offered Mr. Lincoln a horse in payment of the judgment. Lincoln took the animal, which soon after got stone blind and perfectly worthless. Mr. Turner is still living.

David Montgomery, foreman grand jury. Harvey Bradshaw was tried on his five indictments, acquitted on four, convicted on one, and fined 810. Four of Harp's cases were nol. pros., and on the other two he was acquitted ; so was John French.

The grand jury returned four new indictments against Harp for selling liquor, and indicted Samuel K. Goble for passing a fictitious bank note, purporting to be a note for the payment of money by a certain bank, - the Merchants' and Planters' Bank at Chicago, 111., - when in fact there was then and there no such bank in existence. The note is on file, a beautifully executed steel engraving. : ifay term, 1841. - Same officers.

John French was indicted for malicious mischief, and Gabriel Bennett for embracery. The writer could not find this indictment nor ascertain with what jury Mr- Bennett hail been tampering. Four liquor cases were also returned.

October term, 1841. - Same officers, with exception of the clerk, Daniel Xewcomb having succeeded Mr. Fell. James A. Lemeu foreman of grand jury.

E. F. Barnett, foreman of grand jury. L. Hickman was indicted for assault and battery. Hickman stood trial, was found guilty, and had to pay a fine of S47..50, about sixteen times the fine of the current assault and battery cases.

R. F. Barnett, foreman of grand jury. Francis and Charles Groshang were indicted for larceny ; they were tried in September, 1843, and acquitted. Jordan Banta, indicted for larceny - nol. pros., and Jesse Blankenship, indicted for same, was acquitted.

R. S. Doolittle foreman of grand jury. Charlc? Wines was indicted for compounding a criminal offence, and John Strain for perjury - was tried in September, 1844, and acquitted.

John B. Jones, foreman of grand jury. Westley Allsup was indicted for assault, and also for malicious mischief Owen Belford, for assault, was tiol. pros., Sept., 1844. William Belford and six others, for riot. This indictment was quashed in September next.

Indictments - W. Walters, perjury ; John Howard, foreman grand jury. D. F. Grosh, gaming, nol. pros. ; John Warner, gaming, not. pros.; Jacob Hurley, mischief nol. pros-; James A. Lemen, gaming, nol pros. ; Ralph Rosencrans, gaming, nol pros.; Thomas Hutchin. mischief, acquitted September, 184.5.

The first divorce case in De Witt county was tried at the May term, 1845. Edward Morris had at said term filed a complaint with the clerk of the court, praying the court to grant a divorce from Louisa, his wife, to wit : To the Hon. Samuel H. Treat, Judge of the Circuit Court held

Humbly complaining, shows unto your honor, your orator, Edward Morris, of the county and state aforesaid, that on or about the year A. D. 1821, in the county of Morgim and state of Ohio, he was duly married to Louisa Mjrris ; thit, in or about A. D. 1835 your orator and his said wife, the said Louisa, came to reside in the said county and state first aforesaid, and are still residents of said county of De Witt. Your oratar further shows, that by virtue of his said marriage aforesaid with the said Louisa, he has from the time of the marriage aforesaid to January, A. D. 1843, lived with, associated and cohabited with his said wife, the said Louisa; your orater further shows, that subsequent to his marriage with the said Louisa as aforesaid, she the said Louisa, has committed adultery with one Russell Post at the county and Btate first aforesaid ; your orator further shows, that subsequent to his marriage with the said Louisa, she the said Louisa, has committed adultery with the said Russell Post at the times following, to wit: in the months of January, February, March, April, May, June, July, August, September, October, November and December, A. D. 1S43 ; your orator further shows, that subsequent to his marriage with the said Louisa, .she the said Louisa, has committed adultery with the said Russell Post, in the county aforesaid, at the following times, to wit: in the months of January, February, March, April, May, June, July, August, September, October and November, in the year 1844.

And your orator charges that the several statements and allegations aforesaid are true, and this your orator is ready to verify and ))rove, as this honorable court will direct.

All which acting.s and doings herein alleged against the said Louisa Morris are contrary to the moral sense of the community and the well-being and the good order of society, and tend to the corruption and destruction of the same, and has destroyed the peace and happiness of your orator, and are in violation of the laws of this state and contrary to equity and good conscience and tend to the manifest wrong and misery of your orator in the premises. Forasmuch, therefore, as your orator can only have adequate relief in the premises in a court of equiiy where matters of this nature are cognizable and actionable, may it please your honor that the said Louisa Morris be made defendant hereto and that the peoples' writ of subpoena issue out of and under the seal of this honorable court to the said Louisa, thereby commanding her at a certain day, and under certain pain, to be and appear before your honor in this honorable court, and then and there full, true, direct and perfect answer make to all and singular the premises statements, allegations and charges in this bill contained. And your orator prays that the bonds of matrimony heretofore and now existing between the said Louisa Morris and your orator by virtue of the marriage aforesaid, may be by the order and desire of this honorable court forever dissolved, annulled, vacated and discharged, and that your orator may be from the time of granting this his petition, forever absolved and released from all liabilities to the said Louisa, or on account of and by virtue of the marriage aforesaid, except such alimony, if any, as this honorable court shall allow the said Louisa. And that your orator may have such other and further relief in the premises as the circumstances of this case may require and to your honor shall seem meet ; and your orator will ever pray, etc., etc.

Edward had fourteen witnesses subprened, but Louisa failed to appear or make defense. The divorce was granted. Louisa and her paramour were married on the same day.

October term, 1851. - Dudly Richards, foreman of grand jury. Liquor cases seem to have revived. There were six indictments found, and six convictions had. The fine in each case was S25. John Scott was indicted for assault with a knife.

Aj/ril term, 1852. - R. F. Barnett, foreman of grand jury. William Jackson and Hamilton Giddis were indicted for larceny ; tried and aquitted-

May term, 1853. - R. F. Barnett, fireman of grand jurv. John Cole, Jr.,G. W. Walters, John Lash, Jr., and Sr., Benj. Batson and Wm. William.son were indicted for riot; tried, convicted and fined from $10 to §25 each.

A Murder Case. - That of Moses Loe, was tried at this term, and ended in the conviction of one Moses Low, who bad been indicted b)' the grand jury of Sangamon county in September, A. D. 1852, and whose case was taken by venue to De Witt county. Loe had mortally wounded one James Gray with a knife - of the value of six cents, as stated in the indictment - on the 30th of April, 1852. Gray died on the 31st of said month. The trial lasted several days. Williamson Nipper, John C. Buchanan, Almira Jane Nipper, James S. Carter, E. D. Meacham, William Rhoa, Benjamin Morris, and Ira Parker, witnesses, testified for the state, and Thomas Blankenship for the defense.

We, the jury, find the prisoner, Moses "Low," guilty of manslaughter in the highest degree, and therefore "annex" the penalty accordingly, which is eight years confinement in the penitentiary of Illinois.

At a circuit court, began and held at the court-house, in the town of Clinton, within and for the county of De Witt, on Monday, the 16lh day of May, a d. 1853 :

This day personally appeared in open court James Alsop, and it appearing to the satisfaction of the court that the said James Alsop was born on the 30th day of Sepiember, 1807, in the county of Derbyshire, in the kingdom of Great Britain, and that he emigrated tj the United States in the year 18-18 ; and it being proved to the satisfaction of the court by competent testimony, that the said James Alsop has demeaned himself as a man of good moral character, attached to the principles of the constitution of the L^nited States, and well-disposed to the good order and happiness of the same. It is therefore ordered by the court that the said James Alsop be permitted, in pursuance of the laws of the United States, to take the oath of allegiance, whereupon the said James Alsop took and subscribed the following oath, to wit: State of Illixois, | De Witt County, j *^'

I, James Alsop, do solemnly swear, in the presence of Almighty God, that I will support the Constitution of the United States. And that I do absolutely and entirely renounce and abjure all allegiance and fidelity to every prince, potentate, state or sovereignty whatever, and more particularly the allegiance and fidelity which I in anywise owe to Victoria, the queen of the said kingdom of Great Britain, whereof I was heretofore a citizen or subject. James Alsop.

It is therefore ordered by the court to be certified to all whom it may concern, that the said James Alsop be and he is hereby entitled to all the rights* and privileges of a native-born citizen of the United States of America.

The number of foreigners naturalized in this county is very limited, and may here be briefly stated. The county court, as stated above, h.id granted forty-three certificates of naturalization. The total number granted by the circuit court is eightytwo, of whom forty-nine were formerly subjects of the Queen of England, eleven of the King of Sweden and Norway, two had been formerly citizens of the Swiss republic, and twenty had been subjects of the various crowned heads of Germany. William Klipzig, one of those twenty Teutons, renounced all allegiance to King Frederick William IV. of Prussia in 1873, twelve years after the death of poor insane F. AV. IV. f

Grand jury indicted Fred Stinsou and Benjamin Sutler for obtaining goods under false pretenses, William Curry for assault with a deadly weapon, Thomas Howard for keeping a disorderly house, fined ten dollars ; and William Smith for same, but his case was nol. pros.

* "All the rights" is rather hroad. The lion. D.ivid Davis is at prepent enjoying some rigtus of an .\merican native horn citizen, wiiich James .VIsop could not enjoy, the order of the hon. court to the contrary Dotwithstanding.

t This king had, in his younger years, been a great admirer of .-^tnericn, His father, F. \V. III. had' locked with alarm at tlie increasing emigration of his people to .\merica. Tiie prince, being asked how to prevent a further e.xodus, replied: " Yuur majesty should proclaim, through all official organs, that .\merica has become Prussian, and not another soul of your majesty's subjects would think of going there."

Elizabeth Shirtlifl^, Catharine Shirtlifl^, Rocna Herndon, Caroline Sawyer, Catharine Shiukle, Martha Taylor, Caroline Taylor, Emily Lewis and Helen Sawyer were indicted for riotously, unlawfully and with forca turning out, wasting and destroying tan gallons of whisky, of th3 value of five dollars, the property of one George Tanner. The parties were tried by a jury composed of Joseph Howard, Paschal Mills, Hiram Wilson, W Cadberry,

Indictments : Wesley Roberts, raps ; tied the country. Crafton Scott and G. F. Davenport, larceny, were fined ten dollars each, on plea of guilty. Isaac Henderson, malicious mischief, acquitted. Twenty whisky cases and sis gambling cases, but no convictions or fines.

Indictments : John Walker, larceny ; W. Young and George Young, same ; plead guilty aud were sentenced to three years in penitentiary. Nine whisky aud three gambling cases ; Isaac Wyant, murder.

Isaac VVyant was indicted for murder at the October term, 1855. He obtained a change of venue to McLean county where he was tried and acquitted. The verdict of the coroner's jury is stdl on file in the circuit clerk's ofiice at Clinton. The writer found it in a sealed envelop, apparently unopened. Its contents are as follows:

''We, the undersigned jurors impanelled and sworn to inquire how, ami in what manner, and by whom, or by what, the dead body came to its death, do find upon the examination of said body ; and Christopher Goodbrake, Thomas Edmonson and Harry Kidder, witnesses, examined, that the name of the dead man was Ason Rusk, and that he came to his death by four pistol shots, shot by one Isaac Wyant, on the 12th of October, 1855, which caused the immediate death of Ason Rusk.

"This loth October, 1855. B F. Jones, foreman; A. Crura, W. H. CundiS; J. W. Bullock, James W. Haise Thomas Kelly, B. F. Hall, S. T. Franbus, Allen Xixon, John H. Hendrick, James Proud and W. G. Savage."

The causes leading to this murder may be briefly mentioned. "Wyant and Rusk had had a personal rencontre a few months previously, when Rusk shot at Wyant, wounding him severely in the arm, in consequence of which the limb had to be amputated. Wyant became enraged, and vowed vengeance. He met Rusk on said day in the county clerk's ofiice, at Clinton, and shot him down at sight. The county clerk, J. J. JIcGraw, was not in the ofiice at the time of the shooting, but was in hearing distance. He hastened to his ofiice in time to see Wyant rush out, pistol in hand. AV. W. Williams, a constable, arrested Wyant before leaving the square. As said above, Wyant was tried and acquitted in McLean county, the jury finding him insane ; whereupon the court ordered him to be taken to the insane asylum at Jacksonville. After the lapse of two or three years Wyant was discharged from the asylum and returned to this county. Later he moved to the state of Indiana. It is feared by another party that Wyant is still living and ready to execute another threat, that of murdering one of the witnesses who testified against him.

Indictments : W. E. Hampton, larceny, dismissed March, 1857 ; John Henson, larceny, acquitted October, 1856 ; Thomas Duer, assault with deadly weapon ; Jefferson Yocum and eight others, for riot ; Andrew J. Cox, larceny, plead guilty, fifteen months penitentiary ; four liquor cases.

Indictments: Peter Kiefer, larceny, tried, convicted and sentenced to one year penitentiary ; Matthew Kiefer, larceny, nol. pros. ; Theod. Johnson, larceny, plead guilty, one year penitentiary; George and John Hubble, riot; Thomas Allen and two others, r!ot ; Theod. Johnson and two others, riot.

March term, 1857. - Hou. E. L. Powell, of the 16th circuit, presiding in the absence of Hon. David Davis. Joseph Howard, foreman of grand jury.

Larry Bohen was indicted for larceny, tried, convicted and sentenced to penitentiary for one year; Patrick Kinney, Thomas O Connell, William Miller and John D. Finch, larceny, were acquitted ; twenty-four liquor cases aud two for selling cards.

Indictments. Maria Scott, bigamy, stricken from docket March, 1858; Daniel A. Calkins, illegal marriage, stricken from docket as above; George King, rape, acquitted March, 1858; thirty liquor and four gambling cases.

Nathan Bridgman, indicted for burglary, tried, convicted and sentenced to penitentiary for one year; William Owles, larceny, plead guilty, sent to penitentiary for two years ; four liquor cases.

Indictments : Three cases of larceny ; thirteen of selling liquor without license, and two of malicious mischief, no convictions. Indictments: J. A. Lemen, rape; W. W. Williams and W. S Todd, assault; Matt. Alsop, passing counterfeit money; Lewis Woodcock and Isaac Jones forgery ; Egbert O. Hill, embezzlement of records ; fourteen liquor cases, aud J. B. Lintner, assault with intent to kill, tried and acquitted.

May term, 1861. - Hon. Oliver L. Davis, balance of term ; Harvey Hogg was appointed states attorney pro. tem. ; Smith Minturn, foreman of grand jury.

Isaac Davis was tried for horse-stealing, convicted and sent to penitentiary for one year. Franklin Payn was indicted for keeping a misgoverned house, Frauds Doyle for keeping a lewd one, Frank Lisk for assault with a deadly weapon, J. D. Haven for carrying a pistol with intent to assault, Franklin Loer, assault with intent to commit a rape ; tried, jury did not agree. David Warrenbuig and others for riot, Timothy Green and Pat Rodgers for keeping a gaming-house, Richard De Webb and Levi Rathbone for betting on elections, and eight liquor cases.

Summers had killed Mr. Roberts, the postmaster at Clinton, on a slight provocation. The murder was committed in broad day light, in front of the post office. Fleeing from the spot, where his victim lay bleeding, Summers was arrested by John Bullock and others in James Lisenby's garden. The indignation of the citizens at the deed was deep and loud ; violence was feared by many, but the counseling of older and cooler citizens prevailed; the law was allowed to have its course, and luid it, as stated above.

New indictments: One for larceny, one for riot, one for perjury, and two for obstructing public roads. William Biffin was sent to penitentiary for one year - larceny.

New indictments: Two cases of larceny, seven of riot, two of assault with intent to kill, and two of nulicious mischief. The rioters were fined from ten to twenty-five dollars each.

" Abraham Lincoln," late president of the United States, who has been removed from us by the ruthless hand of a vile assasin, the illustrious and revered, is no more.

Resolved, That the citizens of De Witt county, Illinois, devise some plan to raise a sufficient fund to erect a suitable monument to the memory of our departed soldiers, buried in Woodland Cemetery, Clinton.*

Elisha Gilbert, convicted of larceny, having stolen three hundred dollars, was sentenced to penitentiary for four years ; and W. B. JIarquiss for one year, for forgery.

William Burns, on change of venue from McLean, indicted for murder, was tried on the 9th, 10th, 11th and 12th of May, and found guilty. He had a new trial granted ; was tried again in May, 1867. This second trial occupied a whole week, and ended in acquittal.

Indictments : Assault, 1 ; larceny, 6 ; horse-stealing, one ; riot, one ; disturbing congregation, one ; selling liquor, ten ; fornication, one.

G. W. Teal, convicted of larceny, was sent to penitentiary for one year, and Park McGowan, on plea of guilty for same oflTense, for tight years.

Thomas Peddicord, indicted with McGowan, plead guilty, and in consideration of his youth, being under eighteen years of age, was sent to jail for thirty days.

Indictments- Manslaughter, one (Jonathan Way); larceny, four ; assault to kill, five ; keeping gaming-house, six ; liquor, eleven; disturbing worship, one ; riot, one ; producing abortion, one ; gaming, five ; disorderly house, one.

* The erection of a monument is mentioned in the chapter on patriotism, and thi-i resolution of the grand jury may have given the impetus to the formation of an association of the kind. \t any rate, tlie monnment was built by .such an association, with Hon. C. H. Moore, as president, and Captain J. M. North as treasurer. The corner stone wai laid under impoJng ceremonies on the 4ih of July, 186S, and the monument unveiled 4th of July, 18GD. in the presence of tlionsands, and with grand festivities.

Indictments: Assault to kill, two; larceny, five; liijuor, five; resisting officer, one ; disturbing peace, one ; gambling, five ; perjury, one.

Indictments: Cruelty to animals (J. H. Keseckeri, fined fifty dollars ; riot, one ; bastardy, one ; liquor, two ; larceny, three ; assault, three ; disturbing worship, six ; malicious mischief, one.

Francis Euthorpe, tried for manslaughter, was found guilty and sentenced to penitentiary for thirteen years ; Thomas Smith for larceny, one and a half years.

Indictments : Larceny, four ; riot, four ; horse-stealing, one ; assault, three; disturbing worship, two ; larceny and burglary, six ; liquor, two ; arson, one.

Indictments : Burglary and larceny, five ; assaults, three ; and incest, one, (W. Bateson, tried and acquitted.) The case of Martha Ann Dobbs, for murder, was stricken from docket. Alexander Stanley plead guilty to a charge of burglary, and was sent to the penitentiary for two years. Richard J. Hull's term for larceny was eighteen months.

Indictments : Riot, three ; liquor, six ; larceny, three ; assaults, two ; bigamy, one ; beastiality, (Joseph Sprague"), one ; malicious mischief, one; and disturbing worship, one. No convic ions.

Indictments: Larceny, three; embezzlement as attorney, one; assault, two ; cutting timber, ten ; selling liquor, three ; riot, one ; fornicati'm, one, and marking hogs, one. Convicted ; James Holeran, larceny, one year in the penitentiary.

March term, 1874. - Jonathan R. Hall, foreman of grand jury. Indictments : Larceny, ihree ; liquor, six ; and assault to commit rape, one- Joseph Page was convicted of larceny, three

Indictments: Larceny, three ; assault, three; assault to kill, one ; riot, two ; false pretense, one ; swindling, four ; liquor, forty, and embezzlement by county treasurer, (Thomas Kelley), one. Convicted: John Barrow, larceny, one year.

Indictments : Burglary and larceny, eight ; assault with intent to kill, three ; marking stock, one ; riot, one ; arson, one ; swindling, one. - No convictions.

Indictments : Robbery and larceny, six ; riot, three ; adultery and fornication, five ; liquor, six, and assault, two. Timothy Heffernan, a youth of fifteen years, plead guilty to a charge of larceny, and was sent one year to reform school at Pontiac. Robert Shaw was sent up one year for larceny, and Joseph Goodyear, for same, two years.

Indictments: Burglary and larceny, three; liquor, eight; mischief, one, and murder, one, (John Kollner) John Kollner had shot and killed one Timothy Profl'cer. John stood trial, proved self-defence, and was acquitted. James Wilson wa-s sent to jail thirty days for larceny. Richard Bass four years to the penitentiary for burglary. Patrick McSherry was fined S75.00 for malicious mischief.

Indictments: Burglary and larceny, ten ; false pretenses, one; assault, four ; counterfeiting, one ; malicious mischief, one, and horse-stealing, one. - Convicted : Charles Hayes, larceny, two years iu penitentiary ; Edgar Harris, William Thompson, and Eugene Ragan, larceny, each thirty days in jail ; Thomas Brady, larceny, two years; Charles Hastings, larce:iy, one year; Ezekiel Jackson, larceny, one year; Thomas Jackson, larceny, one year; John Yates, horse-stealing, one year; and John Sullivan, larceny, two years at reform school.

Indictments: Larceny, two ; assault to kill, two; liquor, four; and forgery, one. John Hoff plead guilty of forgery, and was sent up for one year.

A. K. Carter, former state's attorney, reported to the court, that during his terra of office, viz. : December, 1872, to December, 1876, he had collected in fines and forfeitures the sum of 82,904.14; that he had paid to Miss Mary S.Welch, superintendent of schools, the sum of 81,982.00, that his fees as attorney amounted to 8780.00, and that he was further entitled to a commission of 10 per cent, on amounts collected, to wit-: S290.41, and that therefore a balance of 8141.27 was then due to him. He reported sixteen penitentiary cases; twelve of liquor cases; fines paid ; twenty jail cases ; three cases reform school ; twenty-

Indictments: Larceny, eight ; assault, six ; forgery, one ; riot, seven; liquor, one; aud adultery, one. - Convicted: Benjamin F. Taylor, and Jasper Shaffer, larceny, eighteen months in penitentiary each ; Daniel Ward, John Henderson, Timothy Hickey and Harvey Ford, larceny, two years in penitentiary each ; John Edwards and Thomas Boland, larceny, two and a half years in penitentiary, each.

Indictments: Forgery, one; larceny, four; manslaughter, one; liquor, one; perjury, one; and embezzlement, one. - Convicted : Mary Boram, larceny, one year in penitentiary, and George Moore, larceny, five years in penitentiary.

Indictments: Burglary, sis; swindling, one; riot, two; assaults, one; liquor, one. - Convictions: Samuel Doss, James A. Clark, and James Wilson, burglary, each one year in penitentiary.

Indictments; Adultery, one; larceny and burglary, eight; horse-stealing, one ; manslaughter, one ; i W. W. Davenport,) assault to kill, two ; perjury, one - W. W. Davenport had killed one Eli Bell with a scythe, on Bell's premises, July 28th, 1877. His case was tried in August, 1878, and resulted in acq^uittal ; the jury was comp-sed of the following citizens: S. K. Harnell, J. A. Brickey, Ephraira Page, C. A. Owen, G. W. Burter, A. R. Smith, Thomas Weaver, John T. Blue, Wiley Marvel, D. K. Scott, A. W. Bell, and A. E. Newman. - Convictions : Merritt Hughfs, horse-stealing, in penitentiary three years ; Ezekiel Jackson and Thomas Jackson, larceny, one and a half years each. Elizabeth Davis ten days in jail, and Frank. Jackson ninety days in jail for adultery.

Indictments: Larceny, six; assault, one; rape, one; cruelty to animals, one ; i shooting a vicious dog) gaming, two ; adultery, two; liquor, two; embezzlement, one; horse-stealing, one. - Xo convictions.

Indictments: Burglary, five; confidence game, one; horsestealing, one; assault to kill, two; obtaining signatures bv false pretenses, one ; disturbing a family, one; assault, one; forgery, one, and cruelty to animals, one. - Convictions: Samuel Clark, burglary, two years; William Bates, forgery, one year; William Brown, larceny, one; J. W. Murray, larceny, two years.

Indictments : Burglary, five ; cruelty to animals, one, and forgery, one- Convictions: James Mansfield, burglary, two years; John M. Orrell and Stephen Hazelett, larceny, each two and a half years; Timothy Heflernan, larceny, one year; George Dee,

Indictments: Burglary, thirteen ; assault to kill, one ; arson, one; manslaughter, one ; robbery, one; adultery, one; gaming, ten ; assault, three ; disturbing worship, one.

Clerk W. H. Harrison resigned his office on the 7th of February, 1880, whereupon the judges of the circuit court, to wit, Lyman Lacey, Cyrus Epler, and Albert 8. Burr appointed James De Land to fill this vacancy. ^Ir. James De Land qualified for office Feb. 14, 1880

Indictments: Rape, one; liquor, three; perjury, one; disturbing meeting, two; larceny, two; concealed weapons, two; embezzlement, one, (W. H. Harrison, late circuit clerk).

A raiir.ler case, that of Patsey Devine, brought on a venue from McLean county, was tried during this term. Devine was found guilty, and was sentenced to be hanged on the 14th of October, 1881. Subsequently he was granted a new trial, and will in all probability get otf with a few years in the penitentiary. Adelvert Culiver was convicted of forgery, and sentenced to the penitentiary for one year. Henry Meissell, alias Henry Russell, convicted of horse-stealing, was sentenced for nine years.

From the date of organization of the county, in 1839, to date of this writing, there have been held ninety terms of the circuit court; twenty of which were presided over by Hon. Samuel H. Treat, twenty-five by Hon. David Davis (a part of three of his terras the seat of Hon. Davis was occupied by the Hon's E. N. Powell, Oliver L. Davis, and A. S. Merriman ), thirteen by Hon. J. M. Scott, one by Hon. Charles Emerson, five by Hon T. F. Tipton, one by Hon. M. C. Crawford, eighteen by Hon. Lyman Lacey, three by Hon. Cyrus Epler, aud four by Hon. A. GBurr.

Crimes against properly. - Larceny, burglary, and robbery, two huudreJ and thirty-four cases ; passing counterfeit money, three cases; false pretenses, four cases; forgery, sixteen cases; embezzlement, six cases; horse-stealing, nine cases; receiving stolen goods, one ca-e.

Crimes agahut Mortdilij. - Ripe, ten cases; bigamy, three cases; lewdness, two cases ; bestiality, one case ; fornication, four cases; adultery, fifteen cases; bastardy, one case, and incest, one case.

Minor offences - Riot, seventy-two ; disturbing public worship, twenty-two; assaults, sixty-three ; disturbing the peace, twentythree; cutting timber, eleven; cheating or swindling, ten; resisting officers, five ; disorderly houses, four ; concealed weapons, four ; gaming, forty-six ; selling cards, two ; gaming houses, nine ; betting on elections, two; malicious mischief, eighteen; embracery, one;" compounding criminal offence, one; illegal marriage, one; removing landmark, one; marking stock, three; obstructing public road, two ; confidence game, one ; cruelty to animals, five, and Liquor cases, three hundred and sixty-four.

Convictions : Murder. - None of those four parties indicted for murder were convicted of the crime; however, in one murder case from Sangamon county, that of Moses Loe, a verdict of manslaughter was rendered, and the criminal sent to the penitentiary for eight years. Another murder case, brought from ' McLean county, resulted in a sentence of death, not carried out thus far.

Manslaughter. - One of the four parties indicted - Frank Euthorpe - was convicted, and sent to the penitentiary for thirteen years. Of those thirty-seven cases against life or limb, this one seems to be the only one where the criminal could be reached.

Crimes against property were punished with more severity ; sixty-six parties were convicted of grand larceny, and their punishment aggregated to one hundred and fifteen years and three months in the penitentiary ; in sixteen cases of forgery, there were four convictions, punished by four years in the penitentiary ; there were five convictions for horse-stealing, punished by penitentiary sentences of from one to nine years, aggregating eighteen years.

Of the thirty-seven crimes against public morals, only one case could be made out, and it on a plea of guilty, viz : a case of rape, sentence, three years in the reform school.

County A'ses.^ors. - John Swearingen, W. H. Latterly and Daniel Dragstrem, in 1839; F. S. Rubbins, Charles Malthy and Zebulon Cantrall, in 1840; Darius Hall, in 1841; W. H. Latterty, in 1842; Absol. Hamilton, in 1843 The county treasurers were ex-officio assessors from 1844 to 1859 ; since 1859 the assessment is entrusted to township officers.

County Odlectors. - ^y. H. Lafferty, in 1839 and 1840 ; E. W. Fears, in 1841, William Mitchell, in 1842, and E. W. Fears, in 1843. The county sheriffs were made ex-officio collectors of revenue in 1844, and continued such until 1859. when under the svstem of township goverjiment, the treasurer was also collector by virtue of his office.

County Cyerfo. - John J. McGraw, 1839 to 1857; James E. Stansbury, 1857 to 1862, died three months after entering upon his second term, was succeeded by James Lisenby, 1862 to 1869 ; W. W. Graham, 1869 to 1873 ; Augustus V. Lisenby, since 1877.

Provenance

Text from ... History of De Witt County, Illinois. With Illustrations Descriptive of the Scenery, and Biographical Sketches of Some of the Prominent Men and Pioneers, published 1882, in the public domain in the United States and digitised by the Internet Archive.