Livingston County, Illinois - Chapter 24: Miscellaneous, 1909

Chapter 24: Miscellaneous

AN UNDERGROUND RAILROAD CASE - STORY OF THE TRIAL OF JAMES STOUT FOR AIDING A FUGITIVE SLAVE - STOUT CONDUCTS HIS OWN CASE AND IS ACQUITTED, WHILE HIS ASSOCIATES ARE CONVICTED - SOME FIRST THINGS - THE FIRST LAND

The early settlers of Livingston County all remember James Stout, who came to Pontiac In the year 1858, Mr. Stout was a lawyer by profession, and while living in Ottawa practiced considerable in this county, where he was always referred to as an "Abolitionist," which was in those days a name applied to all who in any way sympathized with negroes and were conductors on the "Under-Ground Railroad," the object of which railroad was to send all runaway slaves from the Southern states to freedom in Canada. Mr. Stout was one of the "conductors" on the main line of the road leading through Livingston County, and while assisting a negro boy by the name of "Jim," to escape from his master, was, with several others, arrested for the crime, taken to Ottawa and tried before Judge Caton. Mr. Stout plead his own case.

and was set free. The jury also disagreed on the conviction of Mr. Stout's brother, Joseph, but John Hossack was convicted and sentenced for the part he took in the affair. Mr. Stout was connected with the Pontiac Sentinel for many years, and sold the paper to H. C. Jones in 1869 and left for the West, where he served the Government as Receiver of Public Monies at Boise City, Idaho. So many different stories of Mr. Stout's connection with this now celebrated ease have been told, that it is thought best to produce that part of the proceedings which relates to him in full.

On Monday, January 2, 1860, three prominent citizens of Ottawa - Attorney James Stout, Dr. Joseph Stout and John Hossack - were arrested by a United States officer, charged with aiding In the rescue of a fugitive slave in Ottawa in the month of October. They were taken to Chicago, and confined in jail there, and two of them - Joseph Stout and John Hossack - utterly refused to give bail, James Stout gave bonds in $1,500 and was released. The following are the facts in relation to the rescue:

Early in the fall of 1859, a negro named James Gray, better known as "Jim," ran away from Missouri, not being possessed of that intense love for the domestic institution and his white relatives which is usually attributed to slaves. He made his way unmolested until he reached Sandoval, Marion County, then well known as the place where kidnaping was considered a virtue, Here he was knocked down and cruelly abused by three kidnapers, who endeavored, not knowing his real condition, to seize him, take him to Missouri and sell him. An old man named Roots, who observed the brutal attack, demanded of them to give him up, threatening he would prosecute them as kidnapers. They ran him out of the county, and finally, afraid of the threats of Roots, lodged him in the Union County jail. Roots, who had followed them, then went to Springfield to get out a writ of habeas corpus, but after consultation went to Ottawa, where, with the legal assistance of Cook & Glover, of that city, a writ was prayed for and granted by Judge Caton. Word was sent to the sheriff of Union County, but that functionary sent back an insulting and grossly vulgar letter. Before the twenty days expired, however, he thought it best to give up the negro and sent him up by the jallor.

was had and the negro was discharged upon the habeas corpus but was immediately remanded upon a writ out of Springfield, and the negro was ordered sent there for trial by Judge Caton. While the opinion of Judge Caton was being delivered silence reigned throughout the crowded courtroom. When the Judge had finished, Stout arose to speak, but Judge Caton ordered him to sit down, stating that "No breach of the law would be tolerated." Stout answered that "none was intended," and immediately made a motion that "we form ourselves into a committee of the whole to carry this slave back to bondage." The question was received by the crowded court room with a tremendous "aye," and during the excitement following, a passage was formed through the room and the negro went - not back, but out, where he found a carriage in which he went to the depot of the underground railroad. In twenty-four hours he was in the land of freedom.

The case against Stout for his part in the affair came to trial at the April term of the United States court, and the following proceedings were had, which relates more particularly to Mr. Sout. He was a lawyer by profession, refused to employ counsel, and stated he would conduct his defense himself. The court awarded him that privilege. The evidence of the first three or four witnesses was about the same as that given upon the two former trials. The defendant, who appeared to be a man of ability, but of a very nervous and excitable temperament, caused some amusement and amazement by the unique and original manner in which he conducted the cross-examination of the witnesses, and the naive manner in which he disregarded the traditions of the law books, and the rules of practice hitherto observed in court. To such an extent was this carried that the prosecuting attorney, Fitch, remarked, after the prisoner had made one of his most characteristic speeches :

Mr. Stout. - Then, sir, as an honest man, it is your duty to prosecute me no longer. If you know anything, you certainly know that. If you have read any law at all.

court house at Ottawa, and asked the witness for the government, Andrew Anderson, to point out upon it the position of the negro and the defendant at the time of the alleged rescue. The witness had said that he had heard the prisoner say, "Shut the door," and on this and other points Mr. Stout examined him at some length, displaying considerable acumen and great excitability. Another witness, a German, named Meyer, testified that all the parties concerned in the rescue were Republicans, or as he called them, "Abolitionists." pleted, Mr, Stout stated that he should introduce no testimony for his defense. Prosecuting Attorney Fitch summed up the case for the government. He argued that the statements made by the prisoner that he "had sent the negro back to slavery," which statements were made at the time of the rescue, weighed against rather than in favor of him. If the statement were true, the defendant had not only violated the United States law, but the statute of the State of Illinois also, and robbed himself of the excuse which he otherwise could urge, of pity, humanity, and love of liberty. If the statements were false of course it was of no value. The facts in the case were plain - they had been decided in the former cases - they did not admit of doubt in this case. The jury, with but one exception belonged to the same party organization as did the prisoner, and the prosecuting attorney rejoiced at the fact. Too much had been said of Northern fanaticism and unwillingness to enforce the laws when such enforcement clashed with their polltlcal opinions, and he rejoiced at the opportunity which was thus afforded to this jury to prove such charges a slander and a libel upon Northern honor and Northern manhood.

Mr. Stout then proceeded to make his argument in his own defense. He said he would speak plainly, and just as a man would work a farm. The government's attorney has insinuated that he felt great pain in conducting the case, but he could have avoided all that. He says he feels pain because he has before him a man whose intellect is shattered. This was an jinsult, for which that young man should recelye, at the speaker's hands, a deserved rebuke. "I had asked the clerk to issue a subpoena for God Almighty. This might have seemed irreverent, but was so only in appearance. I wished God Almighty to testify to what was in my heart; as to my craziness, that is surely in my favor. You will surely not send a crazy man to the penitentiary. A gentleman came to me last night and said, 'Oh, let this thing go, and you will get off light.' Now I don't intend to get off light. I intend to get off heavy, and for the benefit of the young gentleman whom the government has imported from Indiana to prosecute me." The speaker went on to read extracts from Mr. Fitch's argument, and to comment upon them in almost original, wild and humorous manner. He was occasionally rather too broad and touched too heavily upon personalities. In replying to some rebukes from the judge, he complimented that dignitary upon his fine personal appearance and stated that, as the organ of firmness was very largely developed upon his honored head, he was afraid of him. He based his defense mainly upon the fact that he was in the same company with Judge Caton, and like him advocated the return of the negro to slavery. He also argued that no evidence had been introduced to convict him of the steps for a rescue taken prior to that event. He said he was not able to stand the penalty of the law; pecuniarily he could not, morally he did not want to. If he was imprisoned it would kill him, and although this was not in evidence it was something that ought to be considered a little.

Mr, Stout then made the following point of law: The constitution of the United States provides that the laws of the several states shall be received as evidence, when authenticated in the manner to be afterwards designated by Congress; Congress afterwards enacted that the laws of one state should be received as evidence in another state, and not otherwise; the government In this case had not produced any law of Missouri, authenticated by the seal of that state, authorizing slavery; consequently there was no evidence, in the eye of constitutional law, that the man, Jim, was rightfully held in Missouri as a slave, and the presumption was that he was free.

A few days later, under the heading of "James Stout Acquitted," the Pontiac Sentinel published the following: "Mr. James Stout. one of the Ottawa rescuers, whose trial and remarkable defense by himself we published the other day, has been acquitted. He disclaimed the aid of lawyers, conducted his own case, and like a stump-talled bull in fly-time, charged round among the high grass and fought his own flies, and came out all right. He was the only one of the rescuers who has been acquitted."

Dr. Joseph Stout, Hossack and King. who were arrested with James Stout for complicity In the affair, were found guilty and in September taken before the United States court in Chicago to receive sentence. Mr. Hossack was fined $100 and ten days in jail; Dr. Stout $50 and ten days In jail; C. B. King $10 and one day in jail. The costs in Dr. Stout's and Mr. Hossack's cases amounted to nearly $2,500 each, which had to be

The first conveyance of real estate in this county was by warranty deed whereby Benjamin Darnall and wife, Fanny, of La Salle County, this state, on October 15th, 1836, "for and in consideration of one hundred dollars to us paid by Garret M. Blue, of McLean County, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed unto the said Garret M. Blue, his heirs and assigns, the west half of the southwest quarter of section number fourteen, in Township twenty-eight, Range four, east of the third principal meridian, (Rooks Creek Township) situated in the County of McLean and State of Illinois."

The first marriage in the county was that of Williamson Spence and Mary Darnall. The parents of the bride (Mr. and Mrs. Martin Darnall) were the first settlers in the county, the father of the groom (Malachi Spence) coming here one year later, both settling in Belle Prairie Township. The age of the groom was 23 years and the bride was in her 17th year. The marriage took place on June 4th, 1837, the ceremony being performed by Rev. John Darnall, a Baptist minister, an uncle of the bride.

In the archives of the county clerk's office at the court house, we find the marriage license granted to this couple, couched in the following language:

"T hereby certify that license and permission is day given to celebrate a marriage between Williamson (the name Spence is omitted) and Mary Darnall, this 29th day of May, 1837. A. W. Beard, Clk. C. C. C." (Clerk county commissioner's court.)

Rev. Darnall makes his return to the county clerk, certifying that he united this couple in marriage on May 4th, 1837. (This latter date ls a mistake.) o

Records Of Brands

In the early days, before there were any fences, stock of all kind roamed at large upon our broad prairies. The cattle were of the common kind, and when they become separated and get mixed with other herds, it was hard to separate them. There was more or less litigation in consequence. Finally in the latter '30s, a record of "marks" or "brands" was kept in the office of the county clerk. The first one filed for record is as follows:

"By this I certify that on the 18th day of May, A. D. 1837, James C. McMillan applied to have his mark recorded, which is as follows: A smooth crop of the left ear. Also William Mce- Millan on the same day applied to have his mark recorded, which is as follows: A smooth crop of the right ear. - A. W. Beard, Clerk."

This record was kept until May 11th, 1874, when it was discontinued. The final one was Issued to H. L. Marsh Co. of Fairbury, being a brand for hogs - two round holes in right ear punched with a No. 14 harness maker's punch.