Macon County, Illinois - Chapter 3: County Officers, 1876

Chapter 3: County Officers

At the time of the formation of the county, all county affairs were transacted by the County Commissioners' Court, which was composed of three men, who were usually selected with reference to their qualifications for the peculiar and responsible duties of the office. This court assumed jurisdiction upon almost all manner of subjects, except the exercise of judicial functions, and the record shows that, even in this respect, upon one occasion at least, the court assumed to fine a man for an indignity to that honorable bod}', which supposed indignity the court characterised as " flouting," whatever that may mean.

It will be noticed that there are but two members of the above court remaining in Macon county, viz: James D. Tait and Samuel Rea. The others are either dead or have ceased to be residents.

By an act of the Legislature, approved February 12, 1849, the County Commissioners' Court was abolished, and the County Court established. This act provided for the election of a county judge and two additional justices of the peace, whose duty it should be " to sit with the county judge as members of the court, for the transaction of all county business." The County Court was in existence from 1850 to i860. The following constituted our County Court during that period :

County Court

*These Commissioners were allotted to the respective terms opposite their names by the County Clerk, under an act approved March ist, 1837. Under this act the term of service of the County Commissioners was fixed at three years, one to be elected each year.

M. G. Camron, Associate Justice. There are but three members of the old County Court now living, viz: Judge John Rickets, and Associate Justices Jacob Spangler and M. G. Camron.

Note. - On the lyth of February, 1851, an act was passed authorizing counties to adopt the system of "Township Organization" therein prescribed, upon the petition and vote of citizens of the county. At the September term, 1859, of the County Court, a vote of the county was authorized to be submitted to the legal voters at the November election ensuing. The proposition to go into township organization was carried, and at the December term following of the County Court, William Cantrill, David Garver and James Dingman, were appointed as commissioners to divide the county into townships, which they did, and reported to the court their action on the 14th of January, i860. At that time the county was divided into fourteen townships, as follows: (i) Friends Creek (2) Maroa, (3) Montgomery (afterwards changed to Austin), (4) Bull Point (afterwards changed to Hickory, and then to Hickory Point), (5) Decatur, (6) Long Creek, (7) Whitmore, (8) Oakley, (9) Harris (afterwards changed to Harristown, (10) Wilson (afterwards changed to Mt. Zion), (11) South Wheatland, (12) South Macon, (13) Madison (afterwards changed to Blue Mound), (14) Niantic. Illini, Milam, and Pleasant View have been since formed of parts of other townships.

Harristown, M. G. Camron. Whitmore, Joshua Green. Decatur, PL Hummell. Hickory Point, A. McBride. Mt. Zion, G. A. Smith. Long Creek, A. T. Davis. Austin, D. Patterson. S. Wheatland, Hiram Ward. Pleasant View, John Hatfield.

Coco

The first Circuit Court held in the county was in the town of Decatur, commencing on the eighth day of May, 1830, and was presided over by Judge Samuel D. Lockwood. Wm. Warnick was sheriff, and Daniel McCall clerk, and John H. Pugh was prosecuting attorney. There were on the docket for trial, at this term, the following cases: Thomas Cowan vs. Wm. King, appeal ; John Hanks vs. John Henderson, slander; Wm. Webb vs. Hubbell Sprague, slander; Wm. Webb vs. Phillip D. Williams, appeal. The two appeal cases were dismissed at the cost of the defendants, and the first slander suit was dismissed at the cost of the plaintiff, and the second at the cost of the defendant. At the March term, 1S30, of the County Commissioners' Court, the following order was made, and the persons therein named constituted the first grand and petit jurors:

That the following named persons appear before the Circuit Court, to be held at Decatur on the sixth day of May next, at the hour of eleven o'clock A. m., to serve as grand jurors, to-wit : Benjamin R. Austin, Francis G. Hill,* Robert Foster, William Freeman, Lambert G. Bearden, James Ward, Jeremiah Ward, William D. Baker*, Michael Myres, William Wheeler, Edmund McDaniel,* William Miller, John Miller, sr., James Hanks, Isaac Miller, David Miller (2d), Samuel Miller, William King, Thomas Cowan, Luther Stevens, John Miller (3d), John Hanks,* and Jonathan Miller; and that the following named persons apjDcar at the Circuit Court, at the time and place above mentioned, to serve as petit jurors, to-wit: David Miller, Doras Stevens, Matthias Anderson, Parmenas Smallwood, James Owens, Winkfield Everett, William Ward, John Widick, Samuel Widick, James W\ D. Taylor, James A. Ward, James Myres, John Mowry, Henry Ewing, James Finly, James McGinas, George Widick, Landy Harrell, Peter Walker, William Cox, Berry Rose, Randolph Rose, David Davis and John Warnick."

Substantially the same juries were selected at the August term, 1S39, of the County Commissioners' Court, to serve at a fall term of the Circuit Court to have been held at the house of James Ward. The writs issued were returnable at a court to be held at James Wards also; but there is no record of a court held in the fall of 1829, and one of the jurors who served at the first term of court informs me that it was held in Decatur in 1830. There is an impression, however, in the minds of many, that the first court was held at Ward's, four miles south of Decatur.

The grand jury selected as above stated, were charged by John H. Pugh, after which they retired "to consider the presentments." On the same day they " returned into court, and having no business, nor the attorney for the people any for them," were discharged.

There appears to be no evidence as to what attorney attended this term of court, either from the record files or docket, excepting Mr. Pugh.

The second term of court was held on the second and third days of May, I S3 1. At this term there were six cases pending for trial, one of which was an indictment for cheating, on change of venue from Tazewell county, which was continued. Another was for " damages," which was dismissed by the plaintiff. The other four cases were for slander, two of which wei^e continued by consent, one dismissed by the plaintiff, and one tried, in which the jury rendered a verdict of guilty, and assessed the plaintiff's damages at one cent.

The following persons constituted the grand jury: James Johnson, foreman; Benjamin Wilson, Thomas Ward, Ephraim Cox, Hiram Reavis, William Christopher, John Walker, William Muirheid, Richard Dauget, Benjamin Frazie, Jacob Coppenbarger, John Ballard, Moses Harrel, Christopher Miller, Joseph Stevens, John Taylor, David L. Allin, John Ingram, Reuben Beecher, Josiah Allen, James Bone, John Smith and Landy Harrell, who, on being sworn and charged, " retired to consult;" after which they brought into court one indictment charging the defendant with larceny.

The petit jury at this term was as follows: Emanuel Widick, Lewis B. Ward, Jacob Caulk, Elisha Freeman, John Rose, Lemuel Walker, Henry Traughber, Allen Travis, Kinian Ingram, Thomas S. Taylor, William Shepard, James Shepard, George Hawks, John Coppenbarger, Alexander Scott, James Miller, Jona-

But one of the grand jurors - David L. Allin - and four of the petit jurors are now living. At the close of the first day the court adjourned until s/x o'clock the next morning, at which time, it having no further business, adjourned until court in course.

There would be much of public interest connected with a detailed analysis of the early courts of this county, and a more extensive notice of the lawyers who engaged in the early practice ; but our limits forbid. Many of the illustrious men of this country, who have since become famous in its politics, jurisprudence and national history, have practiced at the Macon county bar. Among them we mention: Abraham Lincoln, Stephen A. Douglas, David Davis, Edward D. Baker, John A. McDougall, Anthony Thornton, Horatio M, Vandeveer, Charles Emerson, Leonard Swett, John T. Stuart, U. F. Linder, Josiah Lamborn and Stephen T. Logan.

Mr. Emerson was the first resident attorney, and came here in the spring of 1S34*; Kirby Benedict* was the second, who came here in 1836; and J. S. Post was the first attorney admitted to practice from the county.* George Powers* and Jerome R. Gorin* were admitted next in order.

County Judges

Daniel McCall, I^/rsf County Judgc. - Vf&wxQX McCall moved from Fayette countv to Macon in the early part of 1S29. He was then about thirty-six years of age. He was postmaster at the time of the organization of the county, and also held the offices of probate judge, circuit clerk and county clerk at the same time. But little is known of his early history prior to his coming to this county, or after he left here. He was educated, and had the ability to be a useful and influential member of the community, but, unfortunately, was very much dissipated. He left this count}' and emi-

William Prather, Sixth County Judge. - Mr. P. was born in Maryland about the year iSo6, and died on the twenty-ninth day of August, 1S70, He was appointed circuit clerk in 1847, and elected to the same office in 1848, and re-elected in 1S52. In 1S50 he was elected county judge, and retained that position until 1856. He always had very infirm health.

John Rickets, Seventh County Judge. - Mr. R. was born in 1814, in Lynchburg, Campbell county, Va. In 1S33 he moved with his father to Kentucky, and came to Illinois in 1834, and located at Bloomington, where he remained until 1839, when he came to Decatur. In 1841 he removed to Monticello, where he remained until 1847, ^^^^ then returned to Decatur. Was a justice of the peace for a good many years, and was judge of the county court from 1856 to 1861.

Samuel F. Greer, Eighth County Judge. - Mr. G. was born in Fairfield county, Ohio, September 8, 1824, and removed to Macon county in 1854. He engaged in the sale of dry goods for about five years. He was elected judge of the county court in 1861, and has been re-elected at the expiration of each term since. Has also been a member of the board of education, and has held other offices of trust and responsibility.

clerk of the county court from 1837 to 1840. He removed from Macon county, in 1840, to Scotland county, Mo., where he was afterwards elected clerk of the circuit court, and where he now resides. He married Mary Ann Love, and was a brother of Jerome R. Gorin, of Decatur.

N. W. Peddicord, Third Circuit Clerk. - Mr. Peddicord was born in Montgomery county, Maryland, and removed to Macon county in 1836, where he engaged as a clerk for Adamson & P rather, and afterwards formed a co-partnership with Joseph Stickel in merchandising. He was appointed clerk of the circuit court to succeed Mr. Gorin, in 1840, and served in that capacity until 1847, "^"^^^ ^'^'^ ^^^° clerk of the county court from 1840 to 1846. He removed from Macon county and became a resident of Missouri, California and Iowa. He died in the latter state about 1870.

Joseph Q. A. Odor, Fifth Circuit Clerk. - Mr. Odor was born May 30, 1837, in Garrard county, Kentucky, and came to Macon county in April, iS^z, where he engaged in farming and teaching school until 1854, when he was appointed deputy sheriff under Stephen M. Whitehouse. He was elected clerk of the circuit court in 1856, and served four years. In 1861 he became a member of the firm of Milliken & Odor, in the banking business, and continued until 1863, when he went to Louisville, Kentucky, and again engaged in banking. In 1869 he returned to Macon county, and resumed business here as a member of the firm of Smiths, Hammer & Co., and afterwards, upon the dissolution of that firm, became a partner in the firm of Rucker, Hammer & Co., which position he now holds.

William L. Hammer, Sixth Circuit Clerk. - William L. Hammer, the sixth circuit clerk of Macon county, was born Nov. 2, 181 7, in Winchester, Clark county, Kentucky, and came from Kentucky to Sangamon county, Illinois, in 1827. From there he removed to that pai't of Shelby county, now Christian county, in 1837, ^"'^ thence to l/Iacon county in 1854. In i860 he was elected circuit clerk of Macon county, and was re-elected in 1864, serving two full terms with entire satisfaction to his constituents. On retiring- from office he became a director, and subsequently president, of the First National Bank of Decatur, and on the liquidation of that institution he became senior member of the banking house of Rucker, Hammer & Co, He was mayor of the city of Decatur in 1869, and a miember of the board of education of Decatur school district from 1S65 to 1S74, and was largely instrumental in the erection of the elegant and commodious school buildings that are a pride to the citizens of Decatur. Mr. H., in his business and official relations, has been gentlemanly and upright. In his social and domestic relations he is kind and indulgent.

E. McClellan, SevodJi Circ?nt Clerk. - Mr. McClellan was born October, iSiS, in Franklin county, Pennsylvania, and came to Illinois in 1S35. He was elected sheriff in 1S56, and served two years. He was city marshal from 1863 to 1S65. He was elected circuit clerk in 1868, and re-elected in 1873, and again in 1876, and also served as deputy clerk, under Mr. Hammer, for three years. He married Judith Snyder, who was born in Kentucky in 1S25 or '6, and removed to Macon county in 1834.

County Clerks

D. McCall, First Coioity Clerk. - [See county judge above.] H. M. GoRiN, Second County Clerk. - [See circuit clerk above.] N. W. Peddicord, Third Co/n/ty Clerk. - [See circuit clerk

E. B. Hale, Fourth Connty Clerk. - Mr. Hale was a son of Philo Hale, elsewhere mentioned in this work. He is a resident of Cleveland, Ohio, and is ths owner of a large amount of land in Macon county which was entered by his father, and is said to be wealthy. We have applied to Mr. H. for information regarding his father's and his own history, but have received no response.

Warner W. Oglesby, Fifth County Clerk. - Mr. O. was born October i, 1S17, in Kentucky. He held the office of county clerk from 1847 to 1856. He died on the twenty-second day of August, i860. He held other positions of trust, and was loved and respected by all.

H. W. Waggoner, Eighth County Clerk. - Mr. W. was born November 9, 1S35, in Perry county, Pennsylvania. He removed to Chicago in 1S55, and a short time afterwards to Macon county. He was deputy county clerk from 1S55 to 1866, and in 1869 was elected clerk of that court, and was re-elected in 1873.

Samuel Rea, Fifth Sheriff. - [See sketch in chapter 10.] Stephen M. Whitehouse, Sixth Sheriff. - Mr, W. was born February 8, 183 1, in Washington county, Virginia, and came to Illinois in 1S46, and located in this county. He married Mary E. Falconer, March 7, 1850, and was elected sheriff in the fall of 1854, and served two years. He removed to Kansas in 1869, where he died, December 6, 1875.

E. McClellan, Seventh Sheriff. - [See sketch as circuit clerk.] George Goodman, Eighth Sheriff. - Mr. Goodman was born in Coles county, Indiana, in 1823, and came to this state in 1836, and located on the Okaw, in what is now Moultrie county, but then a part of Macon. He came to Decatur in 1S37, ^^""^^ elected sheriff of Macon county in i86o,- and served two years, and has been a justice of the peace for seventeen years. He says, in his early days he was a most excellent shoemaker.

John W. Bear, Ninth Sheriff. - Mr. B. was born about 1S30, in Mechanicsburg, Pennsylvania, and came to Illinois in the spring of 1854. He was elected sheriff in 1S62, and served two years, and also served as a member of the city council, and was a justice of the peace. He is now a resident of Wichita, Kansas.

A. A.Murray, Tenth Sheriff. - ^Ix. M. was born in 1822, in Jefferson county, New York. He removed to Illinois in 1847, ''^"*^ located in Springfield, Illinois, where he remained five years, and then went to Bloomington and remamed four years, and came to Decatur, Illinois, in 1S57. Was elected sheriff in 1864, since

John E. Jones, Eleventh Sheriff. - Mr. Jones was born in Madison county, Ohio, and came to Macon county in 1854, and was in the army during the late war. After his return he engaged in merchandising for a short time, and was elected sheriff in 1867, and served one term. He died in Decatur in August, 1870.

James Travis, Txvelfth Sheriff. - Was born in Kentucky about 1810. He removed to Tippecanoe county, Indiana, and thence to Macon county, where he was elected sheriff in 1868, and served for one term. In 1873 he removed to Grand Rapids, Michigan. His present residence unknown.

George M. Wood, Thirteenth Sheriff. - Mr. W. was born in Hart county, Kentucky, in May, 1828, and came to Illinois in 1835, and settled in Greene county. He remained there until 1849, and went to Texas and staid two years. Thence he returned to Illinois and located in Springfield, and came to Macon county in 1854, and engaged in the sale of dry goods. He was elected sheriff in November, 1S70, and served two years, and was then appointed deputy under Mr. Jennings, and served in that capacity until November, 1875, when he was elected county treasurer, which position he now holds.

I. D. Jennings, Fourteenth Sheriff. - Mr. J. was born July 10, 1835, in Somerset county, New Jersey, where the rocks are so thick that the noses of the shee2D are compelled to be sharpened before they - the sheep - can subsist on the grass that grows between the rocks. He came to Illinois in 1850, and located at Jacksonville, where he remained until 1853, when he came to Decatur. He was elected sheriff in 1873, and served two years, and was reelected in 1874, and also served as deputy under Sheriff Wood. He was city marshal from 1867 to 1870.

Martin Forstmeyer, Fifteenth Sheriff. - Was born in South Bavaria, March 21, 1830, and emigrated to America in 1S53, and located in Decatur in 1854. With the exception of two years he has been a member of the board of supervisors since 1864, ^"^^ was mayor of the city of Decatur in 1873, and was a member of the city council from 1863 to 1871. At the recent election he was elected sheriff by a large majority.

County Treasurers

John Miller, Second Coinity l^rcasurcr. - We have been unable to learn much of Mr. M. He was probably born in Virginia, and was about fifty years of age when he held the othce of county treasurer.

James Johnson, Third County Treasurer. - Came from Kentucky to Macon county at least as early as 1830. He was county treasurer in 1S32 and '3, and was colonel in the Black Hawk war. He removed from Macon county to Pike county, Illinois, where he died - date unknown.

ginia, and came to Decatur, Illinois, in the fall of 1S60. He was elected county treasurer in the fall of 1S69, and served two terms, and was elected as a member of the city council in 1875, and has been for several years occupying an important and responsible position in the banking house of Peddecord & Burrows.

R. H. Park, Sixteejith County Treasurer. - Mr. Park was born November 11, 1S33, in Madison county, Kentucky; came to Illinois, March, 1861; settled in Macon county; was elected treasurer in 1S73, and served two years.

D. L. BuNN, Ninth State'' s Attorney. - D. L, Bunn, " was born on the banks of the raging Okaw," as he strenuously insists, McLean county. 111., on the 27th day of September, 1837, and came to Macon county in 1S55. He was appointed prosecuting attorney by Gov. Yates, in 1862, to fill out the unexpired term of James P. Boyd, and was re-elected in 1864, and served four yeai's, and then "retired in good order." Mr. B., in his official capacity, was regarded by all as a successful prosecutor, and faithfully discharged the duties of his office.

M. B. Thompson, Tenth States Attorney. - Mr. Thompson was born in 1S33, in Vigo county, Indiana, and came to Illinois in 1856, and settled in Urbana, Champaign county. He was elected state's attorney in 1868, for the seventeenth judicial circuit, of which Macon county formed a part at that time.

Chas. C. yicCoMP^s., Eleventh State'' s Attorney. - Mr. McComas was born in Jasper county, Illinois, August 10, 1844, and came to Macon county in 1861, where he enlisted and served for three years in the army. After his return he studied law, and was admitted (o practice in 1869, and in 1872 was elected prosecuting attorney for Macon county, being the first elected for the countv under the constitution of 1870.

law with Tilden & Caldwell in Cincinnati, Ohio, and was admitted to the bar in 1S53, and came to Macon county in September, 1S63, at which time he formed a co-partnership with Capt. J. S. Post in the practice of law, and has been in active practice ever since. He was appointed city attorney for the years 1873, '4, '5 ;ind '6, respectively, and in Nov., 1S76, was elected state's attorney for Macon county for the period of four years.

Masters Ix Chancery

Wm. a. Barnes, Second Master in C//a?/cery. - Wm. A. Barnes was born in Claremont, Sullivan countv, N. H., Alarch 13, 1S24, and came to this county in 18^3. He now holds the positions of president of the board of education of Decatur, president of the public library board, and president of the Citizens' Association of Decatur. Was Master in Chancery from 18 - to 1S64.

R. H. Merri WEATHER, TJiird Master in C/mncery. - Was born in Howard county, Md., June 33, 1820, and came to Macon county in 18^8. He was appointed Master in Chancery in May, 1864, and continued to hold the ofhce until January, 1874. He was deputy circuit clerk for four years under Hammer, and most of the time under McClellan.

John A. BR,owN,7^(?«r/'// Master in C/iancery. - John A. Brown was born July 33, 1S43, in Abington, Mass. Removed from that state, with his father, to Cincinnati, Ohio, and thence to Missouri in 18^7, and thence to Illinois in i860, and to Decatur, 111., in 1863. Was connected with the newspapers at Decatur, Illinois, for three years. He then commenced the study of law, and after the usual course of study was admitted to the bar in 1876, and immediately entered into a co-partnership with F. B. Tait in the practice of law at Decatur, He was appointed by Judge C. B. Smith master in chancery of !}»Iacon county, in 1873, and has performed the duties pertaining to the othce faithfullv and ethcientlv.