Macoupin County, Illinois - Chapter 6: Geology, 1879 (part 2 of 2)
From 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879. 9,737 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
14 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- First Jail
- Second Jail
- The Third Jail
- Poor Farm
- Agricultural Statistics, Etc County Officials
- Masters In Chancery
- Clerks Of Circuit Court County Treasurers
- County Surveyors
- School Superintendents
- Conclusion
- The Bench And Bar
- State And Prosecuting Attorneys
- Former Resident-Lawyers
- Present Members Of The Bar
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
- Part 1
- Part 2
The text
9,737 wordsMachine-read from scans of 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879. 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.
The south entrance has ten steps from the level of the street to a terrace eight feet in length and the width of the building, formed of square blocks of cut stone, neatly and uniformly laid. From the terrace there are twentythree steps to the portico. The steps to the east and west entrances are laid parallel with the building, ascending from the north and south, and meeting upon a platform before the large entrance way: A balustrade of fitiely chiseled stone, with heavy stone caps, flanks the steps, at the foot of which on the pedestals, a lamp-post rises on each side made to represent the symbol of unity, a bundle of fagots, banded by a scroll, upon which is " Macoupin county." At all the entrances these lamp-posts are stationed with three heavy glass light chambers, about four feet in height, gilded and bronzed, surmounting them. There are five entrances to the basement from the courthouse park. The ceilings of the basement are arched, and are twelve feet high. The floor is laid in mosaic with a wide border of brown slate running the length of the side walls. The building is lighted by gas and heated by steam. 'There are twelve rooms on the main floor, all finished in the most elegant style and manner, with marble floors, panelled walls, chandeliers, ete. The upper floor is reached by a wide, light-appearing yet strong iron stairway. The court-room has an area of 4,500 square feet. Its general dimensions are nearly sixty-four by seventy-four feet. In shape resembling a square with a rectangle attached to it, projecting wings extending some eight feet from the walls of either side. It is thirty-two feet in height from the floor to the ceiling, and from the floor to the apex of the inner dome is forty-four feet. From this dome hangs suspended a magnificent chandelier of fifty-six burners, which cost the sum of three thousand dollars. All the inside work is finished with galvanized iron. The pilasters are of cast iron, ceilings and walls galvanized iron, heavy cornice and mouldings of the same. The walls are in tall shield-like panels, surmounted. above alternate panels by appropriate devices. Twelve windows, six on each side, furnish ingress to the light. The windows have four panes of glass each, besides the roseshaped circle of colored glass at the top, and are fully twenty feet in height. The judges' stand, on the south side, projects about eight feet ou. into. the room. It is made of five different kinds of marble after the style of Henry VL. of France, and is the finest in the country. The judges' chair is an elegant one of the Elizabethian period, tall, richly carved square-shaped back, arms and legs. It is about seven feet in height, and upholstered with crimson velvet. Adjacent to the court-room are the judges' private apartments, jury rooms, and rooms for officers of the court. The roof is formed of wrought and cast iron, and covered by corrugated galvanized iron. The dome is formed of wrought iron ribs, springing from a heavy iron band, which are braced by cross trusses, the whole covered by galvanized iron, close to the roof. On the south side is a galvanized iron tank that holds the water pumped by the engine below, and from which pipes convey the water to all parts of the building ; the capacity of the tank is about eight thousand gallons. In all this structure there is not a foot of combustible material.
First Jail
March Term 1832. " It is ordered by the court that the building of a jail for this county, of the following description, to wit: To be built of hewn timbers, the outside wall to be started one foot under ground, to be eighteen feet square, built of logs, hewn to square ten inches; the floor to be laid with hewn timbers, to square twelve inches, two thicknesses and crosswise, the whole to be only twelve inches above the surface of the ground ; the inside wall to be built of hewn timbers, to square eight inches, and started on the floor ; the middle wall to be started at the same place as the inside one, and built of hewn timbers, to square six inches, to be let down outwise, the inside and middle wall to be raised seven feet high; the second floor to be laid with timbers to square ten inches, to be laid on said walls, and said floor to be laid with two-inch plank crosswise, to be jointed and laid down rough ; then the middle wall will be discontinued, and the other two to be continued seven feet higher, leaving an open space between them of six inches; third floor to be seven feet from the second, and laid with hewn timbers, to square twelve inches, which said timbers to extend outside of the wall nine inches at each end; roof to be shingled with walnut shingles, to be made fiveeighths of an inch thick and four inches wide, on an average; rafters to be three by five inches at the plate and three square at the top, to show four inches to the weather; to be sawn and to be set two feet from centre; two centre plates framed on the top to be eight by twelve inches, whereon to set the rafters, with conduits or eave troughs, to be black walnut; one outside door in the upper story, to have two shutters, one to open on the outside and the other on the inside, to be two feet six inches wide and five feet high, to be made of two thicknesses of plank, plank to be one and a half inches thick, nailed on crosswise, to be strapped with iron, straps to be half-inch thick and three inches wide, to be riveted on the door not exceeding six inches apart, the spaces between to be filled up with nails with large heads, to be driven in and clinched on the inside; hinges to be strong and suitable to the door; hatchway two and a half feet square, to be made as the outside door, and put in the middle of the second floor, hung on strong hinges, to be fastened with a large hasp and padlock; platform of four feet square, bannistered round, with a step-ladder extending from the ground up to it; two windows below, one foot square each, with iron bars one inch square, to be two inches from centre to centre, and let in the middle wall, bars to be crossed in the windows, and two windows above, to be the same size as the lower ones, and made with bars as below, only single instead of crossed; all the timbers to be of white oak and over cap ; to be completed in a strong and workmanlike manner, on or before the first day of September, 1833. One payment of two hundred dollars to be made at the March term, 1833, to the undertaker, the same amount to be paid in annual instalments, until the full amount shall be discharged ; be sold on the first Monday in June next, to the lowest bidder, the undertaker to give bond, with approved security for the performance of his. contract, to the county commissioners of this couniy and to their successors in office, conditioned for the faithful performance of his contract, on or before the first day of September, 1833 ; also that the clerk of this court advertise the same in three public places in this county.
Dec. 1832. It is ordered by the court, that the jail about to be erected for this county be erected on the north-east corner of lot numbered eighty, being the same lot on which the stray pen is put in the town of Carlinville.
Perhaps the most notable event connected with prison-life in this jail was the suicide of Andrew J. Nash, a murderer and inmate. Nash, who was a man of family, killed with a knife a man named Lockerman. He was tried, convicted and sentenced to death by hanging. The dread day approached, and all preparations were in readiness for his execution. B. F. Burke, an energetic and efficient officer, was the sheriff. This distinguished citizen, whose portrait and biography will be found in this work, was first elected to this office in 1838, and discharged the duties of the position with such satisfaction to the citizens of the county, that he was never beaten for it, but held it continuously until 1848, when a change in the law made him ineligible; providing that a person could not hold that office for consecutive terms.
The night before the day fixed for the hanging of Nash, his attorney arrived with the governor's reprieve, and the glad news was reported to the prisoner. Of course this fact was not known among the people. The next morning an immense crowd gathered from all parts of the county to witness the execution. When they found it would not take place, they threatened vengeance against the murderer, and excited and agitated, they rushed for the jail, and gathered a howling, frenzied mob around the building, determined to take the prisoner out by force and lynch him. One of the murdered man's brothers was in the crowd. But the sheriff was a man of great personal bravery, and standing his ground manfully in defence of law and order, by appeals to the crowd and an exhibition of determined courage, held them at bay. By his side. stood several fearless citizens who shared with him the danger, and among these was Dr. John Logan. Meanwhile a company of armed men was hastily formed among the citizens, who deprecated mob violence, and marched hastily to the scene and placed themselves under the command of the sheriff. When the crowd beheld the display of military force, they dispersed. After the restoration of order, it was discovered that Nash, hearing the cries of those who sought his life, and having no hope that they could be prevented from reaching him, had, during the excitement, hung himself in his cell. What must have been the agony of fear in his breast, when he sought death for relief, can only be imagined.
When the second jail had been completed, this building was moved to the _ site of the present court-house, and for many years thereafter was occupied as a dwelling. Gov. John M. Palmer at one time occupied it, as also did A. McKim Dubois.
Second Jail
This was a much more pretentious structure than the former, and was erected near the south-east corner of the public square in the year 1854. It was a two-story building, the outer walls being constructed of brick, and the cells and partitions of wood. The upper floor contained the cells for prisoners, while the lower was used for a residence by the jailor and family.
This building was burned to the ground in 1860, and its destruction was brought about in this wise. A negro horse-thief was confined in one of the cells. One night in the month of June, he set fire to his cell, no doubt, hoping thus to gain his freedom. He soon saw that his life was in jeopardy, and his shrieks of mortal terror aroused the sleeping inmates of the lower, floor. Mr. Jacob Plain was the sheriff, but was absent in attendance upon the Charleston convention. His family, however, were in the building. The flames had made too much headway before his cries were heard; and the rescue of the miserable man, though bravely attempted, was impossible on account of the density of the smoke and the fierceness of the heat. His piteous cries for relief grew fainter and fainter, and at last ceased. The next morning his charréd remains were found in the ruins.
The Third Jail
This was built in 1860, on the site of the burned building. The walls were of brick; the cells of iron. Upon the completion of the present tasteful structure, the cells were removed to Alton, and are now in use in the prison at that place. The building has since been used as a dwelling. It was from this that Carl Engleman, the wife-murderer, was taken by a howling mob, and burried to his terrible fate. He was a German, whose wife had separated from him. He wanted her to live with him again, but she refused. One day he went to her house, and entering, asked for a match. While in the act of reaching for one, the fiend threw his arm around her neck, forcing back her head, and with the other hand cut her throat. His little girl, who was living with her mother, seized a heayily-loaded pistol, when her mother fell, and placing it near the scoundrel's head pulled the trigger, but the weapon failed to explode. -He killed his wife on Friday, and, on Saturday, he was placed in the custody of Mr. Joseph Liston, the sheriff, and securely jailed. As there were threats of mob violence, and great excitement prevailed, Mr. Liston placed guards over the jail for the better protection of the prisoner. The victim of his fury was buried on Sunday, and the excitement was intensified by the funeral, which was numerously attended.
The plan, which was so successful in throwing off their guard the sheriff and citizens of Carlinville, was carefully laid on the day of the burial. Accordingly on Monday a great crowd of men gathered in the county seat, and about nine o'clock made a demonsiration against the jail to get hold of the prisoner.:. This attempt was frustrated by the vigilance and firmness of the jailor and his guards.
The preliminary trial was to come off on the next Monday, and the ringleaders of the mob declared they would await the action of the court, and if justice were done they would be satisfied, but if not they would come in and hang him. Accordingly they dispersed ; thinking all danger over, the sheriff dismissed the guards.
Just as he set down to dinner, and while the citizens were in their houses, on a signal being given, the mob rushed for the jail, under the leadership of a main named John Hill. The sheriff, taken by surprise, could offer no resistance.
The great lock of the cell was broken by blows from a sledge-hammer, and their victim was in their power. A female prisoner, who had the liberty of the upper floor, when she heard the rushing of the maddened mob, went to the cell of the doomed man, and told him they were coming, and to get him. He was partly undressed, and gently arose and dressed himself, saying to her at the same time: " Well, let them come." The mob quickly seized him, placed a rope around his neck, and hurried him down South Broad street, and hung him to a tree just across from the public school building, and in full sight of the children who were enjoying their noon-recess.
Some of the participants in the hanging wore masks, and a number of them were indicted. It was impossible to get a jury, however, of those who had not formed an opinion, so that a nodle prosequi was entered in the cause.
The fourth and present Jail is built of stone, and is a handsome and durable structure. It stands south of the court-house, and was built at the time of the erection of its grander neighbor. A view of this edifice is given in this work, from which a good idea of the plan may be gained.
Poor Farm
Previous to the purchase of land, or the erection of a building for the poor, those persons having them in charge or granting relief to the same, were remunerated by the county by orders issued from the commissioners' court. During the September term of court in 1851, J. M. Palmer (Judge) was instructed to ascertain and report to the court, the cost of a suitable farm for a pauper establishment, also improvements required, and such information as he could obtain relative to the poor-house system in other counties. By the following December a habitation was secured ready for reception of the poor with two hundred and two acres of land attached upon sections twenty-six and thirty- -five of Nilwood township, and no one was permitted to be received without the sanction of the county court.
In March 1855 the court appointed Enoch Wall commissioner, td sell the above, which it appears he succeeded in doing, for in May of the same year forty acres was purchased by the county in section sixteen Carlinville township, which was subsequently increased in 1870, by the further purchase of eighty acres adjoining. Upon this land a building was erected, which was completed ready for reception of its importunate occupants in 1856.
Davison Hankins was appointed keeper of the same, and the terms of his occupancy were to keep each pauper sent to the poor-house, at the rate of two dollars per week each. From time to time additions and improvements have been made in the original structure, and the county has now a substantial and commodious brick and frame building, with well cultivated farm attached
The growth of the county in wealth can in no way be so clearly exhibited as by giving the assessment rolls at different periods. We select three, which are here appended, viz., those of 1837, 1860 and 1879.
Col. James C. Anderson was the heaviest tax-payer, and paid taxes to the amount of $16.80, of which $4.80 was on landed, and $12.00 was on personal property. The number of taxpayers was 1007, and the average amount of tax paid by each was $1.77.
Agricultural Statistics, Etc County Officials
The second board of County Commissioners - Lewis Solomon, Roger Snell, Samuel Lair, elected in 1832. The third board of County Commssioners. - Samwuel Lair, Ezekiel Ross, Jesse Rhoads,
Masters In Chancery
T. P. Hoxey, appointed in 1829, served until 1837. John Wilson, elected in 1837, (removed the same year). A. McKim Dubois, elected (pro tem.) in 1837. J. A. Chestnut, elected in 1838, and served by re-election, until 1851. Enoch Wall, elected in 1851, and served until 1858. George H. Holliday, elected in 1858, and served until 1869. Thos. M. Metcalf, elected in 1869, and re-elected in 1873. CC. Westermier, jun., elected in 1877, and is the present incumbent.
Clerks Of Circuit Court County Treasurers
Wm. G. Coop, appointed in 1829. Wm. G. Coop, elected in 1830. Henry H. Havyron, elected in 1831. Travis Moore, elected in 1832. Archer B. Beauchamp, elected in 1832. Travis Moore, elected in 1833. John Lewis, elected in 1834, and filled the office by re-election until 1839. James McLarning, elected in 1839, and served until 1847. Thos. P. Ross, elected in 1847. Wm. M. Maddox, elected in 1850. L. F. Palmer, elected in 1850, re-elected in 1851, and re-elected in 1853. Wm. M. Snow, elected in 1858, re-elected in 1854. Thos. Hart, elected in 1854, re-elected in 1855. Mark Crowder, elected in 1855. Dempsey Sawyer, elected in 1857, re-elected in 1859, and served until 1865. Mr. Steward was elected in 1865, re-elected in 1867. Randolph J. Haley, elected in 1869. John W. Ayers elected in 1871. John W. Wills, elected in 1873. Lucius B. Corbin, elected in 1875. Zachariah Harris, elected in 1877, and present incumbent.
County Surveyors
Philip Deatherage, appointed in 1829, (died the same year). Ezekiel Good, appointed in 1829, and served until 1837. Benjamin V. Stephenson, elected in 1837, and re-elected in 1839. Isaac Whitaker, elected in 1841, and served until 1851. Geo. H. Holliday, elected in 1851. F. H. Chapman, elected in 1853, and by re-election, held the office until 1859. Thomas R. McKee, elected in 1859. A. W. Edwards, elected in 1861. G. W. Farrar, elected in 1863. T. G. Capps, elected in 1865. James Woodul, elected in 1867. E. C. Winchester, elected in 1869, and by re-election held the office until 1875. Jacob R. Muhleman, elected in 1875, and is the present incumbent.
School Superintendents
David Coop, Sen., elected in 1829. Robert Wallace elected in 1832, reelected in 1834, and re-elected in 1836. Wm.S. Raymond elected in 1840.
After the adoption of the constitution in 1848, the legislature of 1849 passed an act to provide for township organization. Previously to the passage of this act, township organization in this state was unknown. A new law relating to this subject was enacted in 1851, and the law of 1849 was repealed. In 1870 the people of Macoupin county, by a decided majority, adopted this form of government, which has since been adhered to.
At the December term, 1870, the county court appointed John I. Rinaker, E. H. Davis and John P. Henderson, commissioners to divide the county of Macoupin into towns agreeably to the statute to provide for township organization. We quote the following from the records:
"At a meeting of the Board of Commissioners appointed by the county court of Macoupin county, state of Illinois, at the December term, A. D. 1870, of said court, to divide said county into townships, and name the same, undér the township organization laws of the state of Illinois, held at the court-house in Carlinville on this day, in pursuance of agreement, the board organized by the appointment of John I. Rinaker as Chairman and John P. Henderson secretary.
"The said board, as such commissioners, proceeded to divide the county into towns, making as many towns as there are townships according to government survey, there being twenty-four in number. The board not being fully advised in regard to the wishes of the people in the several towns or some of them, in regard to names for the said towns, and wishing to further consult the wishes of the people, it was moved and carried that the board adjourn to meet again on Thursday, Feb. 2, 1871, at the county clerk's office in Carlinville, Macoupin county, Ill.
"The board met pursuant to adjournment, present John I. Rinaker, E. H. Davis and John P. Henderson. After due consideration of reports from different parts of the county, the board proceeded to make changes in the names of towns in accordance with the expressed will of the people, and agreed and finally adopted the names as set forth in the report this day agreed upon and filed with the county clerk, which report was duly signed by the several commissioners, and the board adjourned.
The next year township 12 N., R. 6 W., was divided into two townships, namely Virden and Girard, so that the number of townships is now twentyfive.
Conclusion
Thus much has been written of the civil annals of Macoupin county. Its history includes but half a century. Men and women, in full vigor of intellect and enjoyment of health still dwell in our midst, who were here at its organization. Its growth from the first has been steady, and the change wrought marvellous, Beginning with its birth, just fifty years ago, we have followed its upward career until the present (1879). We have made mention of those who assisted at its formation, and have since been honorably connected with its history. We have seen it grow from the feebleness of infancy to the strength of manhood, from littleness to greatness, from great poverty to abundant wealth. We have seen its population increase from 1,500 to more than 40,000 souls.
and inventions, that have occurred and been made on this earth of ours, since Macoupin had its birth. Scott and Taylor, Grant and Sherman, have been placed among the great captains of history; Tennyson and Browning, Bryant and Longfellow, Whittier and Lowell, have sung; Irving and Hawthorn, and Thackeray and Dickens have won a place among the masters of English; the "god-like" matchless Webster, the impassioned and eloquent Clay, the powerful and metaphysical Calhoun, have shed new luster upon their country and their race, and sunk into the bosom of the grave; Agassiz and Darwin and Huxley, and Faraday and a host of coadjutors have extended the circle of the sciences; Bancroft and Prescott, Hildreth and Motley, and Froude have won high rank among the historians of earth; Spurgeon and Punshon, and Beecher and Moody, have enforced the duties of morality and religion with a force and eloquence not inferior to that of a Massillon, a Bossuet or a Taylor; Stuart Mill, has arisen as a bright star upon the horizon of philosophy, and Thomas Carlyle upon that of history and philosophy ; and Abraham Lincoln, of our own Illinois, has been crowned saviour of his country and benefactor of mankind; Morse, the American scientist, has discovered how to send that subtle agent, electricity, on its lightning pinions to do the bidding of man, and the ocean cable has been laid by Field along "the slimy bottom of the deep;" McCormack has given to the wheat-growing belt the reaper, and the voice of Stephenson's locomotive has been first heard in the land; Howe has been distinguished by the public as the inyentor of the sewing machine, and the Atlantic and Pacific have been joined by iron bands; Mexico has been conquered and a magnificent domain wrested from her added to our western border, and Alaska has been purchased of Russia; the center of population has traveled nearly three hundred miles westward along the thirty-ninth parallel, and the population of our country increased until it numbers more than 40,000,000; St. Louis has from a small city grown to one of more than 500,000 inhabitants, while upon the shore of Lake Michigan, there has arisen as if through enchantment, a noble city which wears the proud title of "Queen of the West and North ;" gold has heen discovered in the far west, and great states have there been organized; and finally, the shackles have been struck from the limbs of the slave, and the great war for the Union has been fought and won.
Mighty, indeed, have been the changes of the last fifty years throughout the world and in this county. Gone is the frail wigwam of the Indians, and the rude cabin of the pioneer; gone are log court-house and jail, and in their stead are costly and imposing edifices. The game has vanished that brought hither the sayage, and furnished wholesome meat for the family of the hardy settler. In all material things there has been great advancement, and we would fain believe, progress also in morality. What is in store for us In the future no man can say.
The Bench And Bar
2 \AE first judge of this circuit was Samuel D. Lockwood of the supreme bench. Until 1835 the judges of the supreme court were required to perform circuit duty. At that time a law was passed severing the duties of supreme and circuit judges. Judge Rack ood presided until the change was made, with the exception of the years 1830 and 1831, when Theophilus W. Smith - also of the supreme bench - at Lockwood's request, sat in his stead. When the old system was re-established, in 1840, Judge Lockwood came back to the circuit and remained until the adoption of the new constitution in 1848. This distinguished man came to Illinois at an early day, and was a prominent actor in its history for many years. He was a man of stainless purity, and the peer as a jurist of the ablest of his associates on the bench.
Stephen T. Logan, of Springfield, one of the brightest legal intellects in the west, and who won a national reputation, in law and politics, by the legislature, was elected judge of the First Judicial District, which included Macoupin county. In 1856, Thomas Ford, afterward governor, presided
The next in order of mention was Jesse B. Thomas, who held only a few terms of court here. John Pearson presided for him one term. Judge Thomas was a large and fine-looking man of polished bearing. It was a treat to a young lawyer to hear him deliver the opinion of the court. On one occasion when the judge was at chambers, and his presence was required at the court-room, the sheriff went to the door, and in his loudest voice called : " Jesse B. Thomas!" and concluded by saying: " Come into court." When the judge had taken his seat on the bench, he called the sheriff before him, and said: "Mr. Sheriff, the next time you want the judge in court, come after him." Ata subsequent term of court, the same gentleman, not then being sheriff, was serving on the petit jury, and after the jury had been out awhile, and not agreeing upon a verdict, they concluded to sign and return instead of a verdict the following paper: " We the jury agree to disagree.'' The judge read it, and inquired if that was. their verdict. When they all affirmed it, the judge turned to the clerk, and said: "Enter a fine of $5 against each of these jurors for contempt."
William Thomas, of Jacksonville, succeeded Jesse B. Thomas. He was a man of great gravity of manner and of few words, which he aimed right at the point in hand. A Kentuckian by birth and education, he was one of the first settlers in Jacksonville, and before and after his term on the bench was one of the leading members of the bar. He was and is a man of great integrity and trustworthiness. He retired from the bench in 1840 to make place for Samuel D. Lockwood, who has received due mention at our hands.
David M. Woodson of Carrollton, in 1848, was elected over the late Murray McConnell, and held the office for eighteen years. He was a man of magnetism and great personal popularity, and long before his elevation to the bench had been known as " Honest Mead. Woodson," and he deserved it as much as any member of the profession. During one term of court in 1851, O. C. Skinner presided for Judge Woodson
He was followed by Edward Y. Rice, a native of Kentucky.- law under John M. Palmer, and was elected judge in 1857. able jurist, and his opinions were very sound.
In 1877 the legislature passed a law establishing an appellate court, enlarging the circuits and providing for the election of three judges for each circuit. Wm. R. Welch was elected for the short term. The judges then were Vandeveer, Zane and Welch. At the election in 1879, Wm. R. Welch, of Carlinville, and Charles S. Zane were re-elected, while Judge Vandeveer was succeeded by General Jesse J. Phillips, of Hillsboro.
Wm. R. Welch is a man of great popularity and genuine worth. He was born in 1828, and in 1851 graduated at the law-school of Transylvania University in 1851, and practised his profession very successfully for some years thereafter at Nicholasville, Kentucky. An able and conscientious judge, he has the respect and esteem of the bar and of his fellow-citizenc
State And Prosecuting Attorneys
George Farquer - a half brother of Governor Ford - attorney-general, filled the office of state's attorney.in 1830, 1831, 1832. E. D. Baker served for him in 1830 and 1831.
Years ago, owing to the almost entire absence of litigation, attorneys found it necessary, if they would gain a support from their practice, to travel with the court from one county seat to another. "There were giants in those days." In an early period, Abraham Lincoln, "the world's most illustrious son," and Stephen A. Douglas, both destined to be life-long political opponents, and to great and enduring fame, came here a few times in the practice of the law. Douglas at one time was states' attorney of the district.
Here, too, was heard on more than one occasion, the surpassingly eloquent voice of E. D. Baker, who commanded a regiment in the war with Mexico, who was a United States Senator from Oregon, and who fell in his country's service at Ball's Bluff, early in the great war. Then alse came U. F. Linder, witty and eloquent, of wide reputation in criminal law and politics. John J. Hardin, prominent in law and political circles, also practised his profession here. He was a colonel in the Mexican war and fell on the field of Buena Vista.
Seth T. Sawyer, of Alton, a good lawyer; Charles D. Hodges, of Carrollton, of fine personal appearance, a solid and pains-taking attorney ; Josiah Lamborn, a very able criminal lawyer, at one time states' attorney, and, in the estimation of lawyers who conducted a criminal's defence, a very dangerous prosecutor; Benj. S. Edwards, of Sangamon, of great legal reputation; James Turney, of Carrollton, a very able man and renowned in criminal law; Josephus Hewitt, of the same town, a fine orator and a good lawyer and Christian minister; Robert Doyle, also from Green county, of unpretending appearance, but a fine speaker and good adyocate; John M. Krum, now in St. Louis; Joseph Gillespie, of Edwardsville, prominent in the history of the state; Murray McConnel, one of the old settlers of Morgan county, an energetic and good lawyer, who was killed in his office in Jacksonville; the aged Alfred Cowles, of Alton, and Adam W. Cavarly, all visited Carlinville professionally many years ago.
Among the prominent lawyers who at a later period practiced here, may be noticed the following: James A. McDougal, who went west and became a United States Senator from California; William Ferguson, a brilliant young man, who was killed in a duel in California; General John A. McClernand, the distinguished lawyer of Springfield; Martin B. Minor, of Jerseyville, an unobtrusive man and a good lawyer: James Davis, not so well educated as his compeers, but polished in demeanor and a successful criminal lawyer; Clark H. Goodrich, states' attorney, and John Evans.
Former Resident-Lawyers
Major Palemon H. Winchester must be regarded as the Nestor of the Macoupin county bar, as he was the first lawyer to open an office in Carlinville. He was born in 1794, either in Virginia or Tennessee. He was a man of very fine natural abilities, but was possessed of only a fair education. If his competitor made a blunder in conducting a law case the Major would detect it as with the eye of an eagle. To increase his income he obtained the appointment of Judge of Probate (made by the legislature) which office he held for several years. If he had turned his attention to politics he might have been successful, for he had the qualities that gain the hearts of the people. They knew him and loved him, and would have delighted to serve and honor him. He died in Carlinville in 1860, at the age of sixty-six years, leaving behind him no enemy. He was the friend of all, and served his friends to the extent of his ability.
John S. Greathouse was a Kentucky lawyer, about the same age as Major Winchester, and began practice at Carlinville not long after him. He was a fair lawyer and forcible speaker, and of course divided the business with the Major. He, after some years of residence in town, moved out upon his farm, which is now owned by Judge Loomis. He gave his attention to farming and money-making. For a time he was circuit attorney. In 1843, he removed to Kentucky, where he died. His practice was extensive and his services sought after.
The third attorney, was Isaac Hendershot, a native of this state, and who lived at Staunton before coming to Carlinville. When he was candidate, in 1836, for the legislature, he published a circular in which he set forth his exploits in Mexico (not in the war), and how he had returned home hungry and literally naked.
Old Simeon Francis, then edited the Sangamon Journal, and for the sake of a little fun at Hendershot's expense, published the circular, and headed it with a cut of Hendershot riding naked on a Mexican pony. The caricature excited the wrath of the candidate for office, who replied to Francis in a bitter communication, and closed it with an epitaph for old Sim, when he should die. It ran thus:
He attended the spring term of the court in 1836, and then went to Iowa. He said before he left, that he would be promoted or be hanged. It is not known that he ever attained either distinction, although he killed a man in Towa. He was a sui generis, He had talent and energy, and knew the law, but he did not know men, and for that reason may have failed in his profession. His penmanship was beautiful, and his briefs were written with scrupulous exactness.
John A. Chesnut - to whom the publishers of this history are under obligations for most of the biographical sketches, and incidents of the early judges and attorneys in this chapter - came from Kentucky when about 21 years of age, and entered the law office of Maj. Winchester in 1856. He had a common-school education, and a fair knowledge of Latin. After reading diligently, such elementary works on law as were in his preceptor's library, he went to Vandalia, and at the December term of the Supreme Court, in 1837, was admitted to the bar. He was taken into partnership by Maj. Winchester, which was continued for two years, after which he undertook to go alone. He soon gained a fair share of the legal business of this county, and extended his business into adjoining counties. After John M. Palmer, Esq., came into the profession, he and Mr. Chesnut, for a good many years, divided a large part of the business between them. They found hard work, but pay was small, and they, like most of the lawyers of the day, prompted by ambition, engaged a little in politics and from a love of lucre sought office. To what pitch of eminence Mr. Chesnut might have attained in his profession, had he not left it in 1855 to engage in other lucrative pursuits, can never be known. He became wealthy, but the disasters to business occurring in 1873, and again in 1878, swept away his accumulations, and he is now entering anew upon his profession at Springfield. He was four times elected clerk of the County Court, and held the office twelve years. Mr. Chesnut is an able lawyer, and his oratorical abilities are of a very high order.
In the spring of 1837, David A. Smith,a young man of 33, came to settle in Carlinville, from Huntsville, Alabama. His father had emancipated his slaves, and Mr. Smith had settled them in Macoupin, which gave great offence to part of the population, and secured for him the epithet of " abolitionist," the worst that could be applied toa man in that day. He was a good lawyer, and quite as successful as any other at the bar. He had the respect and confidence of the court ; but jurors sometimes allowed themselves to be prejudiced by their hatred of him as an abolitionist, and _returned verdicts against him, rather than his client. In such cases the court would equalize things by granting a new trial. In practice, he was irrepressible. If he undertook a case, he went to the bottom of it, and never gave up until the last means were exhausted that promised success. In person, he was stout and stocky, and for this and his vigorous prosecution of everything he undertook, his enemies called him " Bully Smith."
He was a fine shot with a pistol, and it was said, he could bring down a deer with his rifle-pistol at a distance of 200 yards. On one occasion, as he was going from his office to his dwelling in the twilight, two or more of his enemies followed, whispering loud enough for him to hear, " Bully Smith." He thereupon drew his rifle-pistol, and turning upon them said: "Gentlemen, do you want anything with me?" 'To which they replied, " Nothing at all, Mr. Smith - nothing at all." He was never personally insulted afterwards. Mr. S., always wore broad standing collars, and a faultless bosom. He was a strict observer of the Sabbath. He was a lawyer to be trusted, and his clients always felt sure that their interests would be faithfully attended to. He was liberal, and yet grew rich. In 1840 he moved to Jacksonville, where he died on July 12th, 1865.
John M. Palmer is now about 61 years of age, and so eminent in his profession that he needs no words of praise from our feeble pen. His career, civil and military, stamps him great, and of him Macoupin county is proud as her most distinguished son. While in other pursuits he applied himself to the study of the law. In the spring of 1839, he came to Carlinville, and entered the law office of John S. Greathouse. After a few months of close application he was admitted to the bar. It soon became evident, that he was a young man of good thought and an increasing knowledge of the law. He soon became very successful as a trial lawyer. And his great success in his profession, and his national reputation as a lawyer, have been secured in no small degree by that means. A sound thinker, learned in the law, and powerful in argument as, indeed, he is, there may be others who equal him in these respects, but few there are who rival him in the management of causes. It is not worth while to say more of this celebrated lawyer. Complete biographies of him have been published in the New York Sun and other papers, and the history of his early struggles and subsequent successes is familiar to all.
John W. Bainbridge, a Kentuckian, was for some years master in Chancery. He was a farmer and a lawyer. He had no office in town, but sometimes took a hand in the trial of cases. He started to California, but died on the way.
Wm. Weer was a liberally educated young man, and a graduate of McKendree College. He was studious, and possessed a fine logical and legal mind. 'To the arts of personal popularity he paid little attention, and was very decided in his convictions. He was for a time, prosecuting attorney, and no one before him had filled the office so ably. He was also for a time county judge, and was a very capable administrator of the law. He was eloquent in a high degree. He left Carlinville, and practiced his profession for a time in St. Louis. During the war, he was colonel of a Kansas regiment. He has been some years dead.
Thomas Jayne had been some years probate justice, and afterward read law and spent some years in the profession, but he began too late to rise to eminence. He had, however, some good qualities as a lawyer.
In the year 1843, Edward L. Rice, Lerry Palmer and William P. Chesnut were all law students in Carlinville, and all, soon after, became members of the profession. Finding the field too limited, they sought other places. Mr. Palmer went as a volunteer to the Mexican war, and soon after his return emigrated to Iowa where he has since been in successful practice.
Robert Foster, 2 man of great eccentricity and much self-appreciation, was at once doctor, preacher and lawyer. He never got into a good practice here. p
John A. Lauderdale, a young man of promise, about this time (1856) came from Tennessee, and established himself at the county seat. He had practiced his profession but a few years, when he was prematurely cut off by death. The same year that brought Mr. Lauderdale, saw the arrival of Horace Givin, a very excellent lawyer, and naturally gifted for his profession. But he, too, was destined to an early grave, and in Sept. 1858, he died.
James W. Langley and John S. Wolfe, now residents of Champaign, studied law in Carlinville with John M. Palmer. Both commanded regiments in the Union army during the war, and both have attained good prominence at the law. ;
George W. Hamilton, a prominent man, exemplary citizen and safe lawyer, was an honored member of this bar from 1860 until his death, in 1876, in Carlinville. Many friends mourned sincerely his decease.
George Hunter opened his law-office here in 1861, and was regarded by his brethren as an honest and fair lawyer. He died in the fall of 1878.
In 1866 John N. McMillan, a young man not showy or brilliant, but a fairly well-qualified lawyer, opened an office in the county-seat. He made steady growth in his profession, but died in the winter of 1874-5.
Others who have been in practice here are Joseph P. Messick, now practicing in east St. Louis, who was here in 1871, and Thomas F. Stephens.
Present Members Of The Bar
In speaking of the members of the Macoupin county bar, it is necessary to be somewhat brief. Undiscriminating praise and fulsome adulation would be out of place when speaking of the living, and are not craved by refined and scholarly men. It is not too much to say, however, that the bar of this county may be contemplated with pride by its citizens. It comprises young men of ability and ambition, before whom looms up a future rich in promise and bright with hope, and men of mature years, who have won high standing in a difficult and honorable profession, and whose careers furnish incentives to action for those who are to follow them.
Hon.S. S. Gilbert, a native of Massachusetts, the oldest practicing attorney, came to Illinois in 1835. He was for five years a student at Shurtliff College, and afterwards studied law with John A. Chesnut in Carlinville. He was admitted in 1850, and was taken into partnership by his preceptor. Afterward he formed a partnership with Thomas Jayne, and in 1857 with John I. Rinaker, which continued for five years. He has filled the offices of county judge and master in chancery. He was chosen by the people to represent them in the twenty-ninth general assembly. Mr. Gilbert is a man of unquestioned integrity, and is a good, sound and careful lawyer. He has always been found faithful to public and private trusts, and has the respect, of his fellow-members of the bar and the esteem of his fellow-citizens.
Gen. John I. Rinaker. - This distinguished citizen of Illinois was born in Maryland. He came to this county, and began the study of law under the tuition and direction of John M. Palmer in 1852, and in 1854 received his license to practice. Since that year he has followed his profession here, except during the war, when he was absent in the service of his country. General Rinaker is a man of irreproachable character, an orator of great talents and reputation, and a lawyer of eminent ability.
Samuel Pitman in 1854 began the practice of the law. He also studied in the office of J. M. Palmer. For ten years after his admission he was associated with Mr. Palmer as partner. From 1865 to "70 he was not engaged in practice. From the latter date until '72 he was in partnership with John Mayo Palmer. Mr. Pitman is of a social disposition, and is a good _ lawyer.
Hon. C. A. Walker studied in the office of Gilbert and Rinaker, and became a member of the legal profession in 1858, and has continuously practiced here since. He has attained high rank in his profession, and has a large and lucrative practice. He stands among the first, and enjoys that success which follows a man of good native powers when he studiously and persistently applies himself to a pursuit. He is a forcible speaker and an excellent lawyer.
Asa Potter, Esq., of Brighton, read law two years in the office of Judge Thayer, of Wyoming county, N. Y. He then in 1857 came to this state, and engaged in teaching until 1860, when, under the tuition of Gilbert & Rinaker, he further pursued the study of law. In February, 1862, he obtained a license to practice, and since that time - with the exception of a year and a half when he was in Green county - he kas practiced with good success in this county. He is a good citizen, and a safe and careful lawyer.
J. G. Koester, a native of Germany, became a resident of Macoupin county in 1858. He began the study of law in St. Louis, but completed his preparation for practice with Mr. Pitman in Carlinville. and in 1862 he was admitted. Mr. Koester is a good lawyer, guarding zealously the interests of his clients. He stands well in the estimation of his fellow-lawyers.
S. Thompson Corn, the present able public prosecutor of Macoupin county, was graduated, in 1860, from Princeton (N. J.) College. He studied law in the office of Wm. R. Welch in Kentucky, and in 1863 began to practice his chosen calling. He became a member of the bar of this county in 1866, and in 1872 was chosen to fill the office of prosecuting attorney. In so satisfactory a manner did he discharge its important duties, that he was re-elected in 1876. Jn November, 1878, he formed a partnership with Robert B. Shirley. Mr. Corn is a graceful and eloquent speaker, and is considered a good lawyer by the bar.
Judge Lewis P. Peebles, the efficient and popular county judge, is a native of Macoupin county. He read law with Wm. A. Grimshaw of Pittsfield for a time, and afterwards in the office of Wm. R. Welch. He was admitted to the bar in 1867. In 1873 he was elected county judge, and so well did he fill the office and administer the laws, that in 1877 he was re-elected without opposition. Judge Peebles is a social, pleasant gentleman, a clear-headed judge of law, and an accurate, safe and successful lawyer.
Balfour Cowen, of Virden, began the study of law immediately after being mustered out of the service in 1865. He studied at home, and on April 5th, 1867, was licensed to practice. His preference is for chancery practice. He has a good practice; is attentive, reliable and energetic. He is held in high esteem.
native of Virginia, when twelve years of age, he moved with his parents to Kentucky. He was a student at Dartmouth College, New Hampshire, in 1863-4 and 64-5. In the fall of the latter year he entered the law department of the Michigan University, and was graduated in 1867. He has attained a prominent position in his profession. He is strong in argument, at once forcible and eloquent in delivery, and possesses in high degree the elements for a successful criminal lawyer. He has been largely engaged in civil practice.
prepared for college at Shippensburg, then entered Lafayette College at Easton, and in 1858 he completed the course of study and received his diploma. After enlistment in thearmy of the union, from which failing health compelled him to retire, he studied law in the office of R. P. McClure, of Shippensburg, and, in 1865, he was admitted. He first opened an office in Ralls county, Missouri, but in the spring of 1867 he became a resident of Bunker Hill, and a member of this bar. Among his professional brethren he is known as a skillful and cautious lawyer, and the carefulness and promptness with which he devotes his attention to legal business entrusted to him has secured him remunerative and large practice.
Mr. M. Duncan, of Girard, isa native of Virginia. He settled in this county in 1860. He read law with George W. Hamilton in 1867 and 1868 at the county seat. In February (16th), 1869, he was admitted to practice in Carlinville. The next year he removed to Girard, where he has since pursued his calling. He has filled the office of justice of the peace for six years. Mr. Duncan is a pains-taking and good lawyer. |
F. H. Chapman, of the firm of Palmer & Chapman, was born in Macoupin county in 1828, and has resided here all his life. He has been elected to the offices of county superintendent of schools and county surveyor, and possesses the confidence of the people. He attended college at Hillsboro and studied law under Gov. Palmer before the war, in which he served with distinction. On his return home he continued the study of law, and in June of 1869 he became a member of the bar. He is a man of quick perception, and great activity, a good thinker, energetic and successful in practice.
Martin L. Keplinger received his education at the Wesleyan University at Bloomington in this state. Here he graduated in 1869. He studied law in the office of Gen. John I. Rinaker, and was admitted in 1872. He has associated with him Wm. H. Steward. Mr. Keplinger is capable and diligent. Has studied his profession well and possesses a natural aptitude for the law. He is succeeding well and growing in experience and knowledge daily.
John M. Brown studied law with Palmer & Harris and Palmer & Pittman. Admitted to the bar September, 1870. Was three years city attorney of Carlinville and four years police magistrate. He is a native of Glasgow, Scotland.
W. E. P. Anderson was also educated at the Wesleyan University, and at a select school in Philadelphia. He read law in the office of Wm. R. Welch and John Mayo Palmer, and in August, 1871, received his license to practice law in the courts In 1877 the partnership of Anderson & Bell was formed, and still continues. Mr. Anderson is a young man of good habits, is studious and energetic. He is faithfully devoted to the interests of his clients, and will be successful in his chosen pursuit.
Robert B. Shirley was educated at the University of Michigan. He then studied law in W. R. Welch's office in Carlinville, and in 1876 became a member of the bar. In 1878 he became a member of the firm of Corn & Shirley. Mr. Shirley is a man of fine personal appearance, a close student, possesses a good knowledge of the law, and is a young man of more than ordinary ability and promise, and is a pleasant and forcible speaker.
Wm. H. Steward, a native of New Jersey, is a classical graduate of Mc- Kendree College of the class of 1873. He read law in the office of Cullom, Sholes and Mather, for a time, and then became a student of the Union College of law of Chicago. He was admitted in 1876, and formed a partnership with W. H. Snelling, which was dissolved, and in 1879 he became a member of the firm of Keplinger & Steward. Mr. 5S. is enthusiastic in his profession, a diligent student, of good habits; a fine speaker, and promises to become distinguished in his profession. He now creditably fills the office of city attorney.
E A. Gilbert, son of Hon. S. S. Gilbert, graduated at Blackburn University in 1873. He studied law in his father's office, and, in 1876, on examination by the Supreme Court, was licensed to practice, and was taken into partnership by his father. He is diligent, enthusiastic, and his friends, of whom he has many, predict for him success.
College, studied his profession in the office of B. Cowen, Esq., and at the Union College of law at Chicago, and became a member of this bar in 1876. He was city attorney for three years at Virden. He is a man of education and culture, a fine speaker and good advocate.
A. L. Mayfield, of Carlinville, studied under the direction of Wm. R. Welch, and is a graduate of Transylvania Law School, Ky. On January 5th, 1877, he was admitted to the bar. He is social in disposition, and if he devotes his attention energetically to his profession, possesses the requisite ability to conquer success.
A. H. Bell, of Anderson & Bell, is a graduate of Blackburn, class of 1875. He read law in the office of C. A. Walker, and in June, 1877, was admitted. He was city attorney of Carlinville in 1878. He is unassuming in manner, but a diligent student, possessing a keen, incisive intellect, and is surely one of the most promising young men at the bar.
Thomas Rinaker, of Rinaker & Rinaker, gained his literary education at Blackburn University, graduating in 1874. He entered the Law Department of Michigan University, from which.he was graduated in 1878. On the 8th of October of the same year he was admitted, and on the Ist of the next January was taken into partnership by his father. He has made careful preparation for his life work, believes in hard work, and will succeed.
George A. Eastham, of Girard, read law in Carlinville. He isa good lawyer. .(We should have been glad to give him more space, but no information concerning his legal life has been received by us.)
F. W. Burton, of Carlinville, was educated at Blackburn, at which college he graduated in 1876. He read law in the office of C. A. Walker, and was admitted to practice in February, 1874. He isa popular young man, and possesses good oratorical powers.
Other members of the bar who have not seen fit to give information to the publishers for this chapter are O. G. Hamilton, John Moran, James Johnston, D. D. Goodell, and John M. Brown.
F. Zimmerman, of Bunker Hill, lately licensed, is a graduate of Chicago Law School, and is now at Bunker Hill. At the same place is another young attorney, Charles Richards, who read law in the office of A. N. Yancey.
George S. Holliday, of Carlinville, is a graduate of Blackburn University, class of 1875. He studied in the office of Wm. R. Welch, and in February, 1879, was admitted to the bar. He has not yet entered upon practice. He is upright, studious and bright.
Such is the bar of Macoupin county. Had information been furnished by a few whose names only have been given, more could have been said of them. It has been the aim of the publishers to do justice to all. It is pleasing to note that many of the young members of the bar are liberally educated. The county has a right to expect them to add new dignity and brilliancy to an already illustrious bar.
Provenance
Text from 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879, in the public domain in the United States and digitised by the Internet Archive.