Livingston County, Illinois - Chapter 22: Notable Crimes, 1909

The Only Legal Hanging

TRAGICAL HISTORY OF AN EARLY MURDER CASE IN LIVINGSTON COUNTY - AN INNOCENT MAN CONVICTED AND EXECUTED ON CIRCUMSTANTIAL EVIDENCE - OTHER NOTED CAPITAL CRIMES - THE SOTER-ROLLINS MURDER CASE - THE PRUSSIAN POLE, PONWITZ, ASSASSINATED BY HIS PARTNER - PERPETRATORS OF THE MARLOTT MURDER ESCAPE PUNISHMENT - THE FARMER JONES MURDER AND BRUTAL LYNCHING OF HIS SON - ASSASSINATION OF CITY MARSHAL HODGE OF PONTIAC - THE ONLY LEGAL HANGING.

On Friday morning, November 11, 1858, the «dead body of Mary Murphy was found about two and one-half miles south of Pontiac, lying within a few feet of the Alton tracks, by William Cleary, section foreman for the Alton railroad, at Pontiac. Three weeks previous, the girl hired as a domestic in the house of Mrs. Mary McGregor of Pontiac, and returned in a few days to her father's home on Rooks Creek, near the "village of Ocoya, to get her clothing, with the intention of returning Sunday evening. It seems that she left her father's home Sunday afternoon on her return, and the supposition was at that on the road, and after violating her person, murdered her in order to prevent detection. Her face was perfectly black, evidently from being choked, her skull fractured, and one of her arms badly bruised. A negro by the name of "Bob," who was employed at the Alton pump house in Pontiac, was arrested the next day after the discovery of the body and charged with the murder, but after the preliminary examination conducted before Justice Streamer in Pontiac, he was discharged. Sheriff William T. Russell, under the direction of the board of supervisors, at once offered a reward of $250 for the apprehension of the murderer or murderers of the girl, and a diligent search was at once instituted. A negro was seen to pass through Pontiac about the time the girl was murdered, stopping at the water tank to wash some blood from his face and hands, then proceeding on his way northward, following the Alton tracks. Captain Bradley of the detective force of Chicago became interested in the case, and at once placed a "shadow" on the track of the negro answering the description of the one who passed through Pontiac, as above mentioned. The negro was seen walking along the track by a Mr. Birch, and Sheriff Russell at once sent him to Chicago to assist Captain Bradley in his search for the suspected man. Later on, Sheriff Russell employed a negro in Chicago to work on the case, and he at once started for Wisconsin, where a clew to the man suspected of the crime had been seen. About the last of May, 1859, a negro giving the name of John Morrison, alias Robert Munson, was arrested by the authorities of Whitewater, Wis., having been found by the negro detective employed by Sheriff Russell. The sheriff at once went to Whitewater, and securing the man under arrest, brought him to Pontiac for examination. On Saturday, June 11, 1859, just seven months to a day after the finding of the body of Mary Murphy, John Morrison, alias Robert Munson, alias Wiley J. Morris, was given his preliminary hearing before Justice Streamer. A. E. Harding was appointed to defend the prisoner, while Prosecuting Attorney C. J. Beattie took charge of the state's case. After the introduction of many witnesses on behalf of the state, who gave damaging testimony against the negro, Mr. Harding, counsel for the prisoner, said he had no witnesses to offer, but contended that the evidence was insufficient to justify the prisoner's committal. There was no use of denying that the prisoner was on the railroad near the time when the murder was supposed to have been committed, the prisoner himself admitting it, but because he happened to be seen in the vicinity of the murder, it did not necessarily follow that he was the murderer. C. J. Beattie then followed in behalf of the people, claiming that not a link was lacking in the chain of evidence which pointed to the prisoner as being the murderer of Mary Murphy. Justice Streamer decided to commit the prisoner for trial and he was at once taken to Bloomington. The case came up in the circuit court of this county in the fall of 1860, and it was shown on the part of the prosecution that Morris had been seen walking on the railroad track, about a mile behind the girl afterward found murdered; that the rate at which he was walking, as compared with her pace, would cause him to overtake her at the point where the body was found, and that he had just been in a murderous brawl at Bloomington and was a desperate character. The evidence was wholly circumstantial, but quite strong, the people of his own color giving the most damaging testimony against Morris. He was ably defended by A, E. Harding, who labored greatly under the disadvantage of a popular feeling which then existed in the community against the color of his client. The jury, after an absence of an unusually long time, failed to agree, standing eleven to one for conviction, and Morris was again sent back to Bloomington to jail to await a new trial. In the meantime, Mr. Harding made application for a change of venue from Livingston to Kankakee county, and the case went there for trial. The case came to trial in April, 1861, but in this, Morris was more unsuccessful, for he was found guilty of murder in the first degree and condemned to hang in May. Mr. Harding, being convinced of the entire innocence of his client, tried in every manner known to the law to save his client from the gallows, but to no avail, and Morris went to his death shouting, "You murder me, you murder me." Dr. Darius Johnson and Dr. O, S. Wood of Pontiac officiated as physicians at the hanging in Kankakee, and for their trouble obtained the body of Morris after it was pronounced dead. Dr. Wood, who was then a medical student in Dr. Johnson's office, secured an excellent skeleton from the body to pursue his studies by. During the war, the skeleton was disposed of to Prof. O. S. Fowler for $25 and taken to New York to be hung up in a museum. Subsequent revelations, however, show that Morris was an innocent man, and not guilty of murdering Mary Murphy. In 1877, one of the Hildebrand brothers, notorious in the early days in this section of the state as being a member of one of the most daring bands of thieves, desperadoes and cut-throats then at large, lay dying in a hospital in the city of Baltimore, Md. Being aware that death was near, he made a clear confession of all his crimes, the one for which Morris was hung being uppermost in his mind. Hildebrand stated that he and his gang were operating in Livingston county at that time, being camped in the timber near the railroad track, at Pontiac; that Mary Murphy was seen approaching them from the south, and it was at once made up to capture her and take her to the camp. This was done, and for two weeks the poor girl suffered every indignity at their hands. When it came time for them to move, the girl was taken to the railroad track and there murdered by the outlaws, the body being found the week following by William Cleary, who notified the proper authorities. This fact was published in the Baltimore papers at the time, together with dates and other circumstances given by Hildebrand, and was largely commented upon by the press throughout the United States.

On the night of April 1, 1872, another horrible murder took place in Owego Township. John Soter killing William Rollins, one of the early settlers of the township. The explanation of this willful murder takes us back some years. Many years ago, James Thomas left his wife and brother in South Wales and came to Illinois. After having been here some years he married again, without being divorced from his lawful wife, and after having lived with his last one some years, died, leaving, as she supposed, his property to her. Soon after this, in 1858, she married John Soter, a German, then about 50 years of age. The heirs of Thomas, deceased, his former wife and two brothers, through attorney Franklin Dennison of Chicago, laid claim to the property, 160 acres of land in Owego Township and 40 acres in La Salle County, and after much litigation got an order of court to oust Mr. and Mrs. Soter from the premises, but in way of compromise assigned to them the forty acres in La Salle County. The attorneys, Mr. Dennison and C. C. Strawn, believed that after some parley the Soters would leave their premises and go quietly to their place in La Salle County, and hesitated about ousting them, although Deputy Marshal Gilman was in Pontiac three times for that purpose. In the first week in March, 1872, Soter went to La Salle County to see his place, but came back, and Gilman finally set them out in the road. In the meantime the land had been rented, half of it to William Rollins, the murdered man, and half to a Ger- . man named Cachline, the two men occupying different houses on the premises. On the Monday night already mentioned, Soter, who had moved into a portion of the house occupied by Cachline, asked John Rollins, William's son, to come over and fiddle for a dance. While the dance was going on, Mr. Rollins came in and played the fiddle awhile, and Soter, without a word, came around behind him and took up a gun which was there, and shot Rollins in the breast. He lived but two hours. Sheriff John W. Hoover went out the next day and brought in both Soter and his wife and lodged them in jail. It was said at the time that Soter had frequently made threats against Rollins, who being himself quite an inoffensive man, had paid no attention to them. Soter and his wife were regularly indicted and tried for the murder, at the May term of the circuit court, and on June 1, Soter was sentenced to be hanged. C. C. Strawn prosecuted the case, while L. E. Payson was for the defendant. During the latter part of the month, Judge Payson, counsel for Soter., and State's Attorney Strawn went to Springfield, the former to present a petition for commuting the sentence of Soter, and the latter to oppose the commutation, Judge Payson carried with him the certificate of several physicians of Pontiac that Soter was insane, whatever he may have been when he committed the murder. Governor Palmer commuted the sentence of death against Soter to life imprisonment at Joliet on June 26, and the day following he was taken to Joliet, where he died three years later.

On the night of January 23, 1872, a young Prussian Pole named Ponwitz, generally known as the "Count," was killed by his partner, a young man of 28 years, by the name of Schaeffer. The "Count" and Schaeffer were both in Dwight that day, and had been drinking before leaving the town for their home, which was on a rented farm of R. C. Adams, five miles west of Dwight. The "Count" was supposed to be the son of respectable and titled parents in Prussian Poland, as on several occasions he had cashed drafts for large sums of money at McWilliams' bank in Dwight. Ponwitz was missed by his neighbors, and Schaeffer was seen to drive away the next morning after the murder was committed, wearing the clothing of his partner, He was traced to Chicago and was arrested while disposing of the team of horses which he drove. He confessed to having killed Ponwitz in a quarrel on the night they returned from Dwight; that the "Count" had kicked him while he was putting some coal in the stove, and that he turned around and struck him with a stove iron. He said he had buried the body in a manure pile near the house, and there the body was found in a nearly naked condition by the officers. Schaeffer was brought to Pontiac and lodged in jail. On Tuesday, February 6, a special grand jury was summoned and Schaeffer was indicted for murder, and on the day following, just two weeks after the murder was committed, his trial commenced in the circuit court, Judge Wood presiding. He entered a plea of not guilty, but the jury, which was composed of John Milligan, of Reading, George A. Murphy, James Murphy, A. C. Huetson, Samuel McCormick, A. Saunger and Daniel Siverling, of Pontiac; William Wedgebury, of Esmen; Hiram Vanderlip, of Sullivan; G. B. Vansaun, of Oswego, and Joseph M. Callin, of Amity, found him guilty, assigning him to the penitentiary at Joliet for eighteen years. The prosecution was in the hands of State's Attorney C. C. Strawn, assisted by Joseph I. Dunlop, of Dwight, while William T. Ament and H. H. Brower appeared for Schaeffer. In less than three weeks after the murder was committed, Schaeffer was in Joliet.

On Sunday morning, August 31, 1873, Joseph M. Marlott was killed in his own door yard in Long Point township. There was a plowing match at the farm of Thomas Barrett on the Saturday preceding the murder and arrangements made for a dance in the evening, and Homer Marlott, the brother of the murdered man, was expected to play the violin for the oceasion. There was also a dance on that evening at the house of Mr. Flanigan, a neighbor of Barrett's, and Homer Marlott was induced to play for the last named dance. The consequence was that the party at Barrett's were without music and were greatly incensed at Marlott for disappointing them. The musician played at Flanigan's and returned to his brother's house at about 1 o'clock on Sunday morning. About an hour later, some men came to the house and called Homer Marlott and his brother Joseph, to the door and began to quarrel with them in a violent manner, until finally one of the men, who was recognized as Thomas Barrett, seized a club or stake about four feet long and struck Homer Marlott a blow that laid him senseless. His brother sprang to his assistance, when Barrett dealt him a blow on the left side of the head and neck that dislocated the neck joint and produced almost instant death. Sheriff Robinson was at once notified and went to the scene and arrested Thomas Barrett, Patrick Barrett, Jeremiah Shannon and William Tobin. Previous to the sheriff's arrival, the citizens of Long Point had taken the matter in hand, and when he came the prisoners were under a guard of fifty men, the law and order loving citizens of the township being determined that full and complete justice should be given the accused parties. Thomas Barrett and Jeremiah Shannon were indicted for the murder by the grand jury in October, and a change of venue to McLean county was granted. The case came to trial at the March (1874) term of court in Bloomington. The people were represented by Joseph W. Fifer, State's Attorney S. M. Garratt, of Pontiac, and M. Shallenberger, of Toulon, W. W. O'Brien and Lawrence Harmon, of Peoria, appeared for the defense. After a trial lasting three days thé jury disagreed, standing nine for conviction and three for acquittal, At the next trial, they were acquitted.

On the night of Monday, February 8, 1875, Cyrus B. Jones, a prominent farmer of Esmen Township, was assassinated. About 9 o'clock that night, a son of the murdered man, about twenty-two years of age, came into the house and told his father that there was some one at the crib stealing corn and Mr. Jones went out to investigate. His son followed him as far as the gate, and when his father reached the corn crib he heard a report of a pistol, and ran back to the house and told his mother that his father had been shot. Henry Roberts, a neighbor, was sent for, and when he arrived found the lifeless body of Jones lying by the crib. He had been shot in the back of the head, the ball coming out of bis mouth. The next day Coroner Johnson and

Sheriff Robinson were notified and went to the scene of the murder. After a lengthy session, the coroner's jury found.that Jones came to his death from a gunshot wound inflicted by a person or persons unknown to the jury, and from that day until the present time the cold-blooded murder of Cyrus B. Jones has never been avenged. On Sunday evening, February 15, just one week after the murder was committed, an affair took place in Esmen Township that would have disgraced a band of border ruffians. A party of three men visited the residence of the murdered man and called for Jones' son, William H. The young man presented himself, and one of the party told him he was a deputy sheriff, and had a warrant for him for killing his father, and that he had better go quietly along with them to Pontiac, where he would be safe, as there was a mob raised in Cayuga to lynch him. The pretended officer then read the warrant to him and proceeded to handcuff him and place him in the sled, and started, as the family supposed, for Pontiac. But when the party reached Babcock's Grove they were met by another party of three men, and young Jones was taken from the sled, thrown over a fence, and marched into the timber. He was then told if he did not confess that he had killed his father they would hang him. Twice he was suspended, but the limb over which the rope passed, not being sufficiently strong to bear his weight, he was marched further into the woods and told that if he had anything to say to say it quickly, as his minutes were numbered. The boy told them to tell his mother to take his team and use it in farming the land, and also to take his part of the estate and sell it and use the money in finding out who it was that killed his father. He then knelt in prayer, but the ruffians again passed the rope over a limb and three times drew him up, so long each time that animation was suspended, the boy begging them in the intervals to hang him at once, and not put him to such torture, to which they replied that he was too mean to die like anybody else and that they would kill him as they pleased. After they found that they could not extort a confession from him, they proceeded to kick and cuff him, and took from him his overcoat, overshoes and cap, and, maimed, as he was, told him to make his way home on foot. The boy started and reached home about midnight in a deplorable condition. One of his feet was frozen as hard as a board, and hís hands and ears were not in a much better condition, When the facts in the case came to the knowledge of Judge Pills- ` bury, he at once ordered a special grand jury impaneled. Three people residing in Esmen were indicted for this outrage, being identified by young Jones. They were never tried for their part in the affair, the suit being finally stricken from the docket.

On Monday morning about 9:30 o'clock, July 21, 1890, William Hodge, city marshal of Pontiac, was shot by Daniel North, receiving wounds from which he died at his home the following day. North was a blacksmith by trade, 27 years of age, and when under the influence of liquor was considered by all who knew him as being a dangerous character. He had lived the greater part of his life in the vicinity of Pontiac and was well known. North arrived in Pontiac on Sunday morning from Wing, where he had been working at his trade, and, meeting a few friends, started on a drunk. The next morning while walking north on Mill street, when near the corner of Madison, North dropped a revolver from his pocket, which was noticed by Alderman Joseph T. Kay, who informed City Marshal Hodge of the fact. Hodge started in pursuit of North, whom he overtook two blocks further on. The city marshal accosted North and demanded the revolver in his possession. North whipped out the revolver and without a word shot Hodge in the stomach. Hodge did not fall, but dealt North a blow over the head with his club and rushed at him. North fired again, but the bullet went wild. At that moment, George Hannaman came up; North and Hodge had clinched; Hannaman seized North, and all three came to the ground, when Hannaman got the revolver away from North. By this time, several others, attracted by the shots, came on the scene. North was turned over to the sheriff and Hodge removed to his home, where he expired at 12:30 the day following. The news of the shooting caused great excitement in Pontiac at the time and there was some talk of lynching, but better counsel prevailed and such talk soon died out. The grand jury at the October term found an indictment against North for murder and on Monday morning, November 17, 1890, the case went to trial, Judge Sample presiding, with the following jurors in the box: G. W. Madden, Charlotte; Cephas Coe, Long Point; W. S. Clark, Ancona; Thomas Mathis, Fairbury; George

Dykes, Long Point; Henry Jones, Reading; Joseph Brumfield and M. H. Gilman, Newtown; James Russell, Rowe; Charles H, Schrontz, Fair- - bury; Philip Hendershott, Pontiac, and William Schaffer, McDowell. The defense was conducted by C. C. Strawn, and A. C. Norton appeared for the people. The trial lasted for over a week and was hard fought on both sides. The jury received the case Wednesday, November 26, and after a few hours deliberation, brought in a verdict of guilty and fixed the penalty at death by hanging. Mr. Strawn made a motion for a new trial, and on hearing the evidence presented, Judge Sample overruled the motion, and Thursday, December 18, North was sentenced to be hanged on Friday, January 19, 1891. Judge Wilkin, of the supreme court, granted a supersedeas a few days prior to the date for the hanging of North, and after reviewing the evidence, granted a new trial. On Friday, January 8, 1892, North was arraigned in court, having expressed a desire to withdraw his plea of not guilty. This he did, and then entered a plea of guilty of man- Slaughter. Judge Tipton stated that he was prepared to dispose of the case at once, having examined the testimony and arguments of counsel on both sides, and was fully of the opinion that this was a case of manslaughter and not murder; that if the case was brought to trial again a jury would so decide. The question then in his mind was to determine on the sentence, which could not be less than one year and might extend to life; he reviewed the fact of: North's suspense while for a year he was under the sentence of death and that this was a severe punishment. He said the responsibility of the length of time of punishment was wholly upon himself, and he had determined to make the term thirty-three years in the penitentiary, and it was so ordered.

On August 8, 1870, Michael Haley died from the effects of a blow received at the hands of Michael Whalen. Haley was section boss at Ocoya, and Whalen, with others, was at work under him. While they were unloading a graveltrain, some dispute occurred and Haley told Whalen that he had orders from the division superintendent of the Alton railroad to discharge any man who gave a disrespectful reply to him. Whalen told him that he had no such orders, which brought on a dispute, and Haley told him to put down his shovel, which Whalen interpreted to be equivalent to a discharge. Whalen then sprang at Haley and struck him a blow on the head with the shovel which felled him to the ground. In the fall, Haley's head struck on the rail and fractured his skull, from the effects of which he died. Soon after the occurrence Whalen took his departure and was never heard from.

Only Legal Hanging

The only legal hanging in the county was that of Johannes DeBoer, who was executed in the county jail at Pontiac on Wednesday, March 17, 1880. DeBoer plead guilty to the charge of murder. The crime was a most brutal one and occurred one mile south of Minonk in Woodford County, in the fall of 1879. The trial was held in the court house in Pontiac before Judge Blades at the January term, 1880, of circuit court, the suit having come to this county on a change of venue from Woodford County. From the evidence it was shown that DeBoer, aged 19 years, had met Ella Martin, aged 16 years, in a cut on the Illinois Central Railroad track one mile south of Minonk, had caught and choked her and cut her in seven places with his pocket knife, and left her, as he supposed, dead. She lay in a field, where he drew her, and recovered so far that the next day she crawled back to the railroad track and was found there by her brother. She lived eight days. There was intense excitement at the opening of court, as Pontiac was filled with citizens of this and adjoining counties, 100 being present from Minonk. So intense was the excitement that Goy Cullom had placed at the disposal of Sheriff Hunter, Company A, Ninth Battalion, National Guard. It was a novel sight, one never before seen in this county, to see a prisoner march from the jail into the court room between two files of soldiers, to prevent him from receiving violence from the infuriated mob. DeBoer was sentenced to be hanged on February 14, 1880. Later it was brought to the knowledge of the court that the time given was too short and the prisoner was again brought before the court and the date of his execution fixed for Wednesday, March 17, 1880. He was hanged in the county jail on this date.