Tazewell County, Illinois - Chapter 6: Criminal Record, 1879

Chapter 6: Criminal Record

THE first indictment for murder in this county was against John Wood. It was made by the grand jury at the April term of the Circuit Court, 1844. Wood had caused the death of his own child by throwing it up against the ceiling. He was tried, found guilty and sent to the penitentiary for four years.

Henry Berry, a young man, was stabbed at a house of ill-fame in Pekin, Sept. 29, 1859, by a man named Bulger. Berry was an important witness against two men who were confined in jail for committing larceny.

Murder Of A Mother And Her Two Children

On Friday morning, Oct. 12, 1860, George W. OrendorfP, who lived about four miles southeast of Delavan, left his family, consisting of his wife and two little girls, Emma aged nine and Ada seven years old. On his return in the evening he found his entire family murdered. This is the most hellish, fiendish murder ever committed in the county and after a lapse of twenty years the feelings of sympathy and indignation has not died out, nor will it as long as the sad, sickening affair remains pictured in language.

When Mr. Orendorff reached home he found his wife lying upon the floor lifeless, and by her side lay her elder daughter, and near them lay little Ada moaning piteously in the agonies of death, which soon relieved her of the pains of the mortal wound she had received on the head. On the floor a few feet from where the mother was lying was found an old rusty axe stained with human blood. It was with this weapon that this triple murder was committed. Mrs. Orendorft* had been engaged in washing in the back part of the house, and the bodies were all found in the front room with the door closed. Mrs. Orendorff had received upon the head eight distinct strokes with this axe, either of which was sufficient to have produced death. She was a most estimable woman, and the little girls were at such an age as to make them peculiarly interesting to the bereaved father. One of them had apparently been out getting flowers, as she had a bunch of flowers in her hand when the assassin struck her down. It was indeed one of the most heart-rending sights that could have been witnessed, - to see a poor defenseless mother and her two unoffending little children lying in their own blood upon their own threshold.

Diligent search was at once made for the perpetrators of this terrible deed, which resulted in finding a young man named John Ott. He was concealed in a shock of corn near Lincoln and brought back to Delavan. Many of the best citizens were so infuriated that strong feelings of lynching him were displayed, but at the urgent solicitation of Mr. Orendorff*, the bereaved husband and father, Ott was handed over to the civil authorities to await trial. A man named Green, a cousin of Ott's, was also arrested.

The Board of Supervisors of the county offered a reward of $2,000 for the capture of the murderer, and requested the State to offer an additional reward.

Wednesday, Feb. 6, 1861, John Ott was arraigned before the Circuit Court and pleaded guilty to the murder of Mrs. Orendorff and het" two daughters. He was then immediately sentenced to be hung Friday, Mar. 1, 1861.

Execution Of John Ott

At eleven o'clock, Friday morning. Mar. 1, 1861, John Ott was publicly executed for the murder of Mrs. Mary Orendorff and her two little children. When arraigned Ott obviated a protracted trial by pleading guilty. An effort was immediately made to have him executed in public, by applying to the Legislature for a special act, but failed. Preparations were then made for executing him in accordance M'ith the existing law. A scaffold was erected in the yard on the east side of the prison and enclosed with a wooden structure to exclude the public gaze. As soon as this was determined on, rumors began to circulate that a portion of the people of the county would band together and demolish the structure. With this rumor came also some of a more startling import, involving the safety of the other prisoners confined in the jail. These rumors assumed such an alarming shape by the Wednesday preceding that the Sheriif was induced to apply for assistance from abroad, A request was sent to Capt. Miles, of Washington, to secure the attendance of his rifle company. The Peoria National Blues were also notified that their services would be needed, and, after receiving orders from the Governor, they held themselves in readiness to come. On Thursday evening the Washington Rifles, accompanied by the Quarter-Master General, arrived, and the men marched to the American house to await further orders.

During the early part of Thursday night, the crowds which gathered about the jail and along Court street, gave evidence that some unusual excitement was anticipated. The impression prevailed that a concerted attack would be made before sunrise upon the enclosure at the scaffold. The arrival of the troops from Peoria was anxiously looked for, but they did not reach Pekin until about three o'clock. They consisted of three companies, the National Blues, Emmett Guards and German Rifles, and were accompanied by the Adjutant-General. They were marched to the court-room to await orders.

At that time quiet prevailed throughout the city. But between the hours of five and six o'clock a startling noise was heard in the vicinity of the jail, and upon investigation it was found that the entire structure surrounding the scaffold was leveled to the ground. The actors in this affair had done the work completely and quickly, and quietly dispersed. After the demolition of the temporary structure the military were posted in position to protect the jail, but no demonstration was attempted against the building.

At an early hour Friday morning, people came pouring in from all parts of. the country, and by ten o'clock it was estimated that at least five thousand had assembled in the city.

About ten o'clock preparations for the execution were commenced. The number of persons indicated by the law, with a few others, were invited to witness the proceedings in the jail. The prisoner, who up to that time had been engaged in religious exercises, was brought from his cell. Some time was occupied in removing the manacles from his ankles. During this operation, and while the Sheriff" was robing him for the grave, Ott exhibited considerable firmness, but he looked subdued and resigned. At a quarter before eleven he was led forth to the place of execution. He was passive in the hands of the Sheriff, and it seemed as though 'he had determined to meet his fate without exhibiting any evidence of fear or trepidation. Besides the officers the Revs. Messrs. Sawver, Rvbolt and AVindsor, with a few others, ascended the scaffold with the prisoner. A dense crowd filled the streets in the vicinity, and the tops and windows of many neighboring houses were occupied with spectators. The military were drawn up around the scaffold to prevent the crowd from passing the fence. At the close of the prayer offered by the Rev. Mr. Rybolt, the prisoner stepped forward and addressed a few disjointed remarks to the people. With much calmness he declared that he alone was guilty of the crime for which he was about to die ; that Green was innocent ; his doom was just ; and he hoped to be forgiven in heaven, where he hoped to meet those who were there to witness his death.

As he closed he was placed upon the trap, the rope adjusted about his neck, the cap drawn over his head, the trap fell, and with a muttered prayer on his lips for mercy the spirit of John Ott passed into eternity. His neck was broken by the fall and life was soon extinct. After hanging nineteen minutes the body was taken down, placed in a coffin and removed to the jail yard. Soon the crowd began to disperse and all was quiet. Thus terminated the first and only legal execution for murder in Tazewell county.

Brief Sketch Of John Ott

John Ott was born near Dayton, O., Nov. 6, 1839, and consequently was not twenty-one years old when he committed the fearful crime for which he suffered death. While quite young his parents removed to Iowa, and soon to Indiana, where they were living when their wayward son was hung, both old and feeble. John remained at home until about sixteen years old, when he went to live with his uncle. At school he learned to read, and obtained some knowledge of arithmetic, but never learned to write.

Not long after he went to live with his uncle he began to sow the seeds of his future ruin. His first theft was a three-cent piece. From this he went on, from time to time stealing money and other things. Finally he became enamored of a woman who must have had a large amount of the demoniac in her nature, for she urged him to set fire to barns, to rob and the like. These things, however, he would not do. Still he wanted money to enable him to deck himself out. The desire for money grew to a blind maddening passion. He stole some jewelry and fled to -Illinois^ where he brought up at Delavan.

There he heard, as he said, people talk about Orendorif having plenty of money, and that Miller, who worked for Orendorif, was laying up money fast. Money he wanted, money he would have. He thought and cared for nothing else. So in his own mind he determined to get it, and said nothing to anyone about his intentions. When asked if he went to Orendorif 's intending murder, he replied : " No ; I did not expect to find anyone at home." When asked if he did not think it might be necessary to commit murder to get the money, he replied : " Yes ; I had taken that into account on going there."

When he started out from his cousin's, where he lived, he went west till he struck the road leading north. Down this he walked some distance and then struck straight for Orendorff 's home. He saw Mrs. Orendorif at the stable and inquired after Mr. Miller. Then leaving her as if to go out to the east and west road he slipped around the straw stack near the house, and remained there about half an hour meditating murder. Having determined to do the deed, he sallied out ; but as he approached the house he saw the innocent ones and his heart failed him. He then requested Mrs. Orendorif to tell Miller when he came home to come over to his cousin's. She replied, " I will," and these are the last words she is known to have spoken.

But no sooner had he left the house than his diabolical intent began to gather strength in him once more. This time, he hid himself behind a straw stack, remaining there about half an hour. Having fully determined to do the deed, he started toward the house, picking up a club on the way. As he passed into the kitchen he laid hold of Mrs. Orendorif and told her she must die. She sprang away from him, and ran screaming into the front room. She was not able to open the door before'her pursuer was upon her and felled her with powerful blows with his club. Then he struck down one < of the children, who followed and clung to her mother. The the other little girl had run out of the house. He met her at the corner of the house and beat her down also. Having done this he next took the axe and finished his bloody work. The one he struck out of doors, he carried in and laid beside her mother. He burned

Joseph W. McDowell, indicted for the murder of A. J. Finley, was arraigned before the Circuit Court Thursday, Feb. 7, 1861. Both sides were represented by able counsel. For the prosecution appeared State's Attorney FuUerton, and Mr. Grove, assisted by C. A. Roberts and J. M, Hanna, while the defendant was represented by Messrs. Puterbaugh and James Roberts, of Pekin, and Julius Manning, of Peoria. The jury returned into Court Sunday morning with the verdict of " guilty." A new trial was granted, and in June, 1861, a change of venue to McLean county was taken, and the prisoner tried and sentenced to one year in the penitentiary. He never entered within the walls of that prison, however, as he was met at the doorway with a pardon. McDowell now resides in this county a respected citizen.

a brother of Joseph W., was indicted at the February term of the Circuit Court as a party concerned in killing A. J. Finley. He was arraigned before the Court Feb. 15, 1861, and granted a change of venue to Mason county. He was tried at the March term of the Circuit Court and acquitted.

Sunday evening. May 24, 1863, Thomas Hougle shot and killed Abner H. Underbill. The tragedy was enacted upon the farm of Underbill, about two miles east of Delavan. Hougle had lived with Underbill for sometime, but left his employer and a quarrel ensued between them concerning a woman, when Hougle with a shot-gun committed the murder. Hougle was' immediately arrested and had a speedy trial, which closed Saturday, June 13, 1863. He was convicted of murder, and Judge Harriott sentenced him to be hung July 9, 1863. Two days before the date of the execution, Gov. Yates commuted the death sentence to a life sentence in the penitentiary. He was taken from the Tazewell county jail July 9, when not a prisoner was left within its heavy stone walls.

Thursday, Feb. 9, 1865, the body of David Townsend was found on the farm of Benjamin O'Brien, near Groveland. A jury was called and a post-mortem examination made by Dr. F. Shurtleff. The jury came to the conclusion that Townsend had been shot with a pistol in the back of the head. He was killed on or about the 26th of December. The body was concealed under some logs, where it remained undiscovered until the above date. Townsend and another man named George Dunn, had been chopping wood for Mr. O'Brien, and from the sudden and peculiar manner in which Townsend's companion left the neighborhood, there seemed to be little doubt of his being the murderer, although he was never found.

On Thursday, Oct. 19, 1865, the body of a man, at the time supposed to be that of George Jackson, was found in the Illinois river near Pekin. The head had been severed from the body, and to prevent the body from floating a quantity of iron was fastened around it. The body bore marks of five or six deadly wounds. The corpse was not identified positively, but was thought to be that of George Jackson, a well known resident of the county who had been mysteriously absent for some weeks. The mayor of Pekin offered a reward of $500 for the apprehension of the murderer.

Nothing was heard from Jackson until in 1866, when his wife went to England, and on arriving in Liverpool almost the first person she met was her supposed murdered husband ! Who the murdered man really was has never yet been discovered, or who committed the deed.

Was arrested Monday, Aug. 27, 1866, for the murder of Charles Koch, of Delavan township. Koch was last seen in the neighborhood about July 18, but his body was not found until Saturday, Aug. 25, when it was found in the corn-field near his house. The fact that Williamson was living with Koch at the time, and the contradictory stories he told concerning the missing man, excited suspicion, and led to an inquiry among the people of the neighborhood. Williamson left and suspicion became stronger then ever. A search was made and Koch's body found. The murdered man was a German and had no relatives in this country.

At the February term of the Circuit Court, Williamson was tried and found guilty of murder. Judge Harriott sentenced him to be hung Friday, March 22, 1867. Just previous to the day of execution, however, a postponement was obtained until June 21. This fact was not known to the Sheriff until Thursday night. Much dissatisfaction was manifested among the people at this delay of the execution. On the loth of June Gov. Oglesby commuted the sentence to twenty-one years in the penitentiary. He was discharged from prison about April 1, 1879, and went to Kansas, where he says he will live a good and peaceable life.

A man named West was arrested by Deputy Sheriff Stone June 9, 1868, in Fulton county, for the killing of a German named Henry Winninghaum. The Circuit Court was in session, but his trial was postponed until the September term, when he was convicted and sentenced to the penitentiary for nineteen years and six months. ' A new trial was granted, however, and at the February term, 1869, he was again tried, and sentenced to twenty years in the penitentiary.

On Friday night, July 30, 1869, Deputy Sheriff Henry Pratt was murdered near Circleville whilst endeavoring to arrest a band of desperadoes, who had long held the community in terror. Armed with the necessary legal papers, the Deputy Sheriff, accompanied by the jailor, George Hinman, assistant City Marshall Kessler, and Constable W. F. Copes, proceeded to Circleville for the purpose of making the arrests, when he was shot and killed by Ike Berry, one of the parties named in the warrant. Jailor Hinman was wounded, and Mr. Copes made a narrow escape.

The body of Sheriff Pratt was brought to Pekin Saturday morning, when the most indescribable excitement ensued. Hundreds of armed men started to scour the country for the murderers, and by Saturday afternoon five of the gang were captured and lodged in jail. William Berry, who was said to be the leader of the band, was arrested in the city early Saturday morning. The other members of the gang were Emanuel Berry, Ike Berry, Matthew McFarland, C. Daily and Robert Britton. The latter was arrested at San Jose, Mason county, Saturday night, by Marshal Stone, and Ike Berry was captured by M. M. Bassett, at Bath, Mason county, some weeks after.

Late Saturday night, July 31, an organized body of men, mostly from Delavan, where Berry had killed a young man some time before, proceeded to the jail, overpowered the police, battered down the iron doors of the prison, and after a desperate struggle took William Berry from his cell and hung him to a tree in the jail yard. During the struggle, Berry, who had by some means secured a knife, severely wounded three of the lynchers.

The trial of the remaining desperadoes came off afterwards at Jacksonville, Morgan county, it having been taken to that Court on a change of venue. The jury found a verdict of guilty and sentenced the prisoners to the penitentiary as follows : Ike Berry, for life; Robert Britton, 20 years; Emanuel Berry, 15 years; Matthew McFarland, 15 years; Cornelius Daily, 15 years. Simeon Berry was found " not guilty," and is now living in Elm Grove township in this county. McFarland was pardoned some three years ago, went out West and was killed. Daily was also pardoned about the same time, and has disappeared. Attorneys Bassett and Rodecker, and Barnes for the defense. Brown, State's Attorney Morgan county, Whitney, State's Attorney of this county, and C. A. Roberts, ex- State's Attorney, for the prosecution. Thus, with the career of a band of bad men, ended the first and only mob violence known in the history of Tazewell county.

Saturday, Aug. 13, 1870, the body of Alfred Carl, a lad of ten years of age, was found concealed in the brush near the upper end of Pekin lake. About noon the previous day he was sent out by his step-father, William Ashby, a mulatto, after his horse. Not returning Ashby went after him and returned without finding him. The neighbors became suspicious and went in search of the lad, and found the body, which to them showed evidences that he had been murdered. The skull was crushed. Ashby was indicted for the murder, tried and acquitted.

Wide-awake engine house on Court street, and pounded to death, for which crime Stevens was arrested. A change of venue was taken and he was tried at Lincoln and acquitted.

Tuesday morning, June 8, 1875, Samuel E. Willard shot and killed Charles Ziegenbien. Both of these men were farmers, living on adjoining farms, on section 10, Spring Lake township. Willard appeared before Esquire Tinney at Pekin, and on his own evidence was placed in jail on the charge of murder. Willard was indicted at the September term of the Circuit Court for murder, and tried at the November term. The evidence showed that for two years there had been trouble between Willard and Ziegenbien ; that each had threatened to take the life of the other. The difficulty out of which the murder grew arose from the trespass of Ziegenbien's stock on Willard's premises on the previous Sunday. Willard took up his horse and tied it in the brush not far from his barn, sending word to Ziegenbien to come and get it and pay charges. He went over after it, taking a boy with him. The boy went to see if Willard was at home ; not finding him he went into the barn after the horse. It was not there. Ziegenbien remained on his horse at the gate. When the boy came out he heard the horse in the brush, went and got it and proceeded to Manito. There the two men met and quarreled. The next morning Ziegenbien started his cows down the road by Willard's house, and as they passed Willard's hired men set the dogs on them. Ziegenbien came out and went down the road to Willard's barn-yard gate, went inside the yard and was engaged in loud talk with the men for dogging his cows. Willard came out and demanded what he wanted, Ziegenbien replied, " none of your damned business." Willard ordered him off the premises, and went to his house for his gun, procured it and came down to the front gate. Ziegenbien was then passing along the road toward his house. Willard stopped him and gave him a talking; told him he had invaded his premises, abused his family, and , interfered with his rights as a citizen. Ziegenbien went on toward his house. Willard followed on the inside of the fence for some distance, finally climbing over. Ziegenbien told him he was a coward to bring out his gun. Willard told him he had come loaded down with arms to kill him. Ziegenbien replied that he was. not armed. Willard then laid down his gun and wanted to fight.

Ziegenbien would not fight. Willard then picked up his gun when Ziegenbien took hold of the barrel, Willard then fired twice, the first shot striking Ziegenbien just below the ribs, killing him instantly, the second shot passed over his head. Ziegenbien was a constable and had a revolver as it was his custom to carry.

The trial of Willard occupied the greater part of the November term of the Circuit Court of that year. Considerable interest was felt in the case, as both the murderer and murdered were well known. The trial lasted ten days, and is said to have been one of the most closely contested criminal cases ever tried in this county. The attorneys for the prosecution were, States Attorney Henry, Rodecker, Shoup & Dearborn; for the defence, Cohrs, Roberts & Green, and Prettyman.

The above named persons were indicted for murder in the county of Mason, but they took a change of venue to this county. They were tried in May, 1875. The case was one of unusual importance, on account of the length of time consumed in obtaining a jury and trying it ; the enormity and brutality of the murder, the large number of witnesses brought from Mason county, and the ability and reputation of the attorneys engaged in the trial.

The scene was enacted at a dance, and while some of the parties were under the influence of liquor. George W. Johnson and John Pruitt were acquitted, and Stephen D. Johnson was sent to the penitentiary for two years.

George Clinton, a police officer, shot and killed William Thorpe at Mackinaw, Friday, June 28, 1876. In the preliminary examination it was found the act was justifiable and no crime.

Peter Weyhrich, an old resident of Sand Prairie, died very suddenly Wednesday night, June 20, 1877. The sudden death and incidents attending it caused grave suspicion of foul play. A jury was impanelled and a post-mortem examination made of the deceased, and the stomach sent to Chicago for examination, where it was decided that he came to his death by poison. Mrs. Weyh- rich, wife of the deceased, was arrested and tried for the murder. The case was taken from this to Logan county and tried the last week in March, 1878. States Attorney Prettyman and J. B. Cohrs prosecuted, and Messrs. Roberts & Green defended.

The trial was a long and tedious one, and the prisoner was found guilty and sentenced to fourteen years in the penitentiary. A motion for a new trial was made and denied, when an a])peal to the Supreme Court was taken. This tribunal reversed the decision and remanded the case for a new trial, which took place in July, 1878, and resulted in her acquittal.

Rudolph Myers, of Sand Prairie township, left Pekin on the night of Dec. 22, 1877, for his home. About 10 o'clock he returned to the city and went to the Central House. There he told of his assault about half a mile below the city, - how three men apprached him in a threatening manner ; that one had a dirk, another proceeded to gag him, and the third did the robbing ; that he told them to take everything if they would not harm him ; that after robbing him they brutally and violently kicked him and fearfully maltreated him ; that his watch and chain and money were stolen, and then how he made his way back to Pekin. Medical aid was summoned, and it was discovered he was seriously injured internally. At one o'clock, P.M., Sunday, he died.

Some time elapsed before any apprehension of the murderers was made. On Wednesday, April 17, 1878, at the instigation of Christopher Ropp, of Elm Grove, Jacob and David Hudlow were arrested as being the offenders. They were clearing timber in Spring Lake township at the time. They were tried at the May term of the Circuit Court, found guilty of manslaughter, and sentenced to the penitentiary for fourteen years.