White County, Illinois - Chapter 5: Legal, 1883
From History of White County Illinois, published 1883. 12,580 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
10 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
The text
12,580 wordsMachine-read from scans of History of White County Illinois, published 1883. 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.
Chapter 5: Legal
In this chapter we compile such matters as relate to the organi¬ zation of the county and townships, the courts, the bar, the public buildings, etc.
Organization And General Diyi8Ion
White County was cut off from Gallatin County and organized pursuant to an act passed by the Legislature of Illinois Territory, Dec. 7, 1815. It was named after Leonard White, a prominent public man of Gallatin County, elsewhere referred to in this vol¬ ume. For a short time it included all the territory of Eastern Illi¬ nois to and including the site of the present great city of Chicago.
White County was thrown into the Second Judicial Circuit March 31, 1819; the Fifth, Dec. 29, 1824; the Fourth, Jan. 12, 1827; and lastly the Twelfth, Feb. 1, 1851.
In December, 1819, the County Court consolidated the county into two townships, to be called East and West, and divided by the line between ranges 7 and 8 east. Samuel Hogg, Ambrose Maulding and David Proctor were appointed judges of the first election in West Township, and William Hosick, Joseph Pumroy and J ohn Hanna for the same in the East.
Jan. 22, 1829, the Legislature established the following as the north boundary line of White County: Beginning at the south¬ west corner of section 18, township 3 south, range 5 east, and running thence along the middle line of township 3, to the southeast corner of section 13, township 3 south, range 9 east, for the county of Wayne; and from thence east along said line to the Bonpas Creek, or the Wabash River, as the case may be, for the county of Edwards.
Feb. 10, 1858, the Legislature enacted " that the seetion line running east and west through the center of township 7 south, in ranges 6, 6, 7, 8, 9 and 10 east of the third principal meridian, shall constitute and stand for the county line divid¬ ing said counties, for revenue and all other purposes. Said line commence at the southwest corner of section 18, in town¬ ship 7 south, in range 5 east, and shall run thence due east along and with the section line to the Little Wabash River."
Feb. 28, 1854, the Legislature amended the last clause of the foregoing, so that it should read: "Said line shall commence at the southwest corner oi section 18, in township 7 south in range 5 east, and shall run thence due east on said section line to the southwest corner of section 17, in township 7 south, range 10 east, thence north on the northern line of said sec¬ tion to the center of the Little Wabash River, and down said stream to its confluence with the Great Wabash River."
The second section of the last mentioned act provided for an election to be held in the counties of Hamilton, Saline, White and Gallatin, to sanction or reject the above measure; and the third section repealed the act of Feb. 10, 1853.
Voting Precincts
1. Indian Greek, corresponding to the present Indian Creek Township, and comprising Congressional township 6 south, 8 east, and the north half of 7 south, 8 east.
2. Enfield , comprising all the territory in the county north of Indian Creek Township, south of Skillet Fork, and west of Seven- Mile Creek.
4. Carmi , east of Enfield, south of Skillet Fork on the west side of the Little Wabash, and on the east of said river south of sections 27, 28 and 29 of township 4 south, 10 east, and extending south to Lick Creek, west of the Little Wabash, and east of that river to the south line of sections 27 to 30 of township 5 south, 10 east.
5. Grayville, east of Burnt Prairie Precinct, and south to the south line of sections 9 to 12 of township 4 south, 10 east, - the last line extending eastward to the Big Wabash.
8. Herald'* Prairie , on the north by Lick Creek, on the east by the Little Wabash, on the south by the county line and on the west by Indian Creek Precinct.
By reference to the election returns in the next chapter, the reader may see the several votes taken in this county on the sub¬ ject of township organization. At first the people did not fully understand the advantages and disadvantages of such a form of gov¬ ernment, and gave the proposition a very light vote; but in the fall of 1871 a "majority of all the votes polled " were cast in favor of it, and township government was adopted. Early in 1872 the first officers were elected, and a list of these and all the succeeding officers is given respectively in each township history.
By reference to the map, after the preface in this volume, one may see at a glance the territory comprised in each township, namely : Mill Shoals, the south half of Congressional township 3 south, 8 east, and the whole of 4 sonth, 8 east; Enfield, 5, 8; Indian Creek, 6, 8, and the north half of 7, 8; Burnt Prairie, the sonth half of 3, 9, and all of 4, 9; Carmi, 5, 9; Herald's Prairie, 6, 9, and the north half of 7, 9; Gray, the south half of 3, 10 and 11, and of 3 south, 14 west; Phillips, 4, 10 and 11, and 4 south, 14 west; Hawthorne, 5, 10 and 11, and 5, 14; Emma, 6, 10 and 11, and north half of 7, 10 and 11, and an insignificant fraction of 8 south, 10 and 11 east. Carmi and Enfield are the only Congres¬ sional townships in the county; Mill Shoals, Burnt Prairie, Indian Creek and Herald's Prairie, are each a township and a half, while all those between the Wabash rivers are irregular, - Gray contain¬ ing less than a Congressional township, and each of the rest consid¬ erably more.
Legislative
Up to 1872 the Senatorial and Representative districts were kept distinct. Since that date they are coincident, under the con¬ stitutional provision for minority representation. At present thi» county, with Hamilton, Wabash and Lawrence counties, consti¬ tutes the Forty-sixth c< Senatorial " or " Assembly " District.
County commissioners, otherwise called judges and justices, were at the head of the county government from the first to 1872, when the present supervisor system was adopted. We append a few of the most important or interesting transactions of the old court.
The first County Court was held Feb. 12, 1816, at the house of Lowry Hay, near Staley's mill, which he then owned. " Present, the Worshipful John C. Slocumb, Willis Hargrave, Joseph Pumroy, Judges." Court was opened with prayer by Mr. Slocumb, a Methodist preacher. It was ordered by the court that the county be divided into three townships, as follows: Prairie Township, be¬ ginning at the mouth of the Little Wabash, up the same to the line between town 4 and 5 with said line to the Great Wabash. 2d, Fox River Township, including that part of the county in the forks above the line dividing town 4 and 5. 3d, West Town¬ ship, including all that part of the county west of the Little Wabash.
Aaron Williams, Sr., and Henry Jones were appointed Over¬ seers of the Poor in Prairie Township ; Daniel Brown and Jonathan Stewart in Fox River, Samuel Craig and James May in West Township. James Rutledge was appointed Constable in West Township, and Needham Stanley in Fox River. Fence viewers were appointed as follows: John Hanna, Robert Land and James Garrison in Prairie; Thomas Mays, Samuel Davidson and James Rutledge in West; James Meridith, John Lucas and Daniel Boultinghouse in Fox River.
Court met again next morning, when James Ratcliff, Clerk of the Court, and Benjamin R. Smith, Sheriff, produced their official bonds, which were approved by the court. Samuel Hays, Stephen Hogg, Benjamin White and James Ratcliff were each allowed four days' pay for fixing the seat of justice, and it was ordered that the county treasurer pay them out of the first money in the treasury.
Conformable to an act of the Legislature of this territory passed the 7th of December, 1815, enacting a new county out of a part of Gallatin, known by the name of White county, we, the undersigned commissioners, having been appointed by said act to fix the permanent seat of justice in and for said county, did meet on the first Monday of this instant at the house of Lowry Hay, Esq. After being duly sworn, have taken into view the settlements, the geography of the country, the convenience of the people and the illegibility of the situation, we, the under¬ signed, do report the following as being the most eligible for the permanent seat of justice for said county: Beginning at a stake 19 18-25 poles north, 85° 20 west, from a hickory above the mouth of Hargraves Spring branch, on the left branch of the Little Wabash, when we proceeded to examine and lay out forty acres,- out of which the proprietors (Samuel White and Lowry Hay) agree to make a donation to the county of twenty acres. Thence from the before mentioned stake south 45°, west 100 poles; thence north 45°, west 64 poles; thence north 45°, east 100 poles; thence to the beginning, in the center of which bounds is planted a stake designating the ground for public buildings. The above described forty acres is a part of the northeast quarter of section 13, in town south, range 9 east. Witness our hand and seals this day and date first above written.
It was ordered that Lowry Hay proceed to lay off a town on the ground designated above "agreeable to a plan that may be here¬ after furnished him." Daniel McHenry was empowered, in behalf of the county, to superintend the laying off of the town and dis¬ posing of the lots, and to meet the proprietors and make any arrangements with them for the advancement of the county's interest in said town.
Edward H. Piper appeared and took an oath, faithfully to dis¬ charge the duties of deputy clerk of the county. Hugh Collins, James Garrison and Samuel Slocumb were appointed to view and make a road the nearest and best way from the ford opposite the seat of justice on the Little Wabash, to intersect a road from Palmyra at the Edwards County line. Adam Crouch, David Cal¬ vert and John Camron were appointed to view and make a road from said ford, the nearest and best way on a direction to Kaskaskia, as far as the Seven Mile Prairie. Wm. McHenry, John Berry, Hugh Collins, Thomas Little and Joseph Lane were appointed to view and make a road the nearest and best way from the present seat of justice in a direction to the United States Saline, to the Gallatin County line. Thomas C. Brown produced a commission appoint¬ ing him Prosecuting Attorney, also a license to practice in the superior and inferior courts in the Territory, took the oath of an attorney at law and is admitted to practice in this court.
The next session of the court was held May 13, the same year, at the store-house of James Ratcliff. Considerable probate and other private business was transacted. At the session of the court May 15, it was ordered that the county levy be fixed as follows: All white males not exempted by law pay $1; all bond servants, $1; all horses, mules or asses, 37£ cents; ferries at the
Big Wabash, $5; stud horses at what they per season stand. The building of an estray pen thirty feet square, with strong gate, was ordered let to the lowest bidder on Saturday, June 8. When completed, Daniel Hay was appointed keeper. At the same term the building of a jail on the public square was ordered, the build¬ ing to be of good sound oak logs, fourteen feet long, hewed to a foot square, with a floor of square timber a foot thick; two stories, con¬ nected by a small hatchway ; a window in each story one foot by six inches, crossed by iron bars; the entrance by a door in the second story, reached by a step ladder outside.
Daniel Hay was the first Treasurer ; his bond was presented and approved at the August term. The amount of the bond is not stated, but three years later, in 1819, John McHenry, as Treas¬ urer, gave a bond of $2,000. The levy for 1816 amounted to $308.12£, besides a tax of $15 on a store in Carmi. Of this amount the sheriff collected $304. 62£. In 1817 the levy amounted to $573, the tax on stores $105. The sheriff collected $615.25. The county judges were each allowed $2 per day for their services. In 1816 they received $22 each. In 1817, $26 each.
At the November term, 1816, an order was passed for building a court-house, but the work was greatly delayed ; over three years afterward, in December, 1819, it was ordered " that if plank can¬ not be procured at the saw-mill on or before the 5th day of January next, to finish the court-house, then the commissioners appointed at last term of this court to have the said house finished will contract for plank to be sawed by hand, 'at any price not ex¬ ceeding $3 per hundred." This house was blown down several years afterward, and the present building erected in 1828, it then being considered about the finest in the State.
At the June term, 1817, John Oraw was licensed to keep a tavern upon giving a bond of $100 and paying $3 license and a fee of $1 to the clerk. At a session of the court June 10, 1817, it was ordered that the house of John Craw "be the court-house until further provisions be made for the accommodation of the court." At the July term, 1818, John Lucas was licensed to keep a tavern in Carmi, upon giving bond and paying $2 license and a fee of $1 to the clerk. Samuel Bozeman was also licensed to keep a tavern in Carmi in 1818.
About this time a bridge at Carmi was deemed a necessity, and the court in March of that year appointed William McHenry, Beniamin White, Leonard White, Lowry Hay, James Gray and
Willis Hargrave commissioners to build a bridge at this point, and appropriated $1,500 in addition to the amounts that might be subscribed. The project failed ; it was impossible to get sufficient subscriptions, and $1,500 was more than a year's revenue of the new county. Ten or fifteen years later another unsuccessful at¬ tempt was made, but it was not until 1840 that a bridge was built, - the one torn down in 1878.
Justices of the peace were appointed by the Governor, upon the recommendation of the County Court. At the July term, 1819, the following entry was made on the records: " James Pierce, Andrew Story, Reuben S. Spencer, Samuel Hogg and William Ellis, gentlemen, are by the court recommended to the Governor of the State of Illinois as proper persons to be added to the com¬ mission of the peace in this county." At the January term, 1819, four licenses to sell liquor were granted : To Philip Buckner, of Carmi, in payment of $3 license and $1 clerk fee; to Robert Camron, on the payment of $1.50 license and $i to the clerk; to Wm. Cain, $1 license and $1 clerk fee; Moses Thompson, for $3 license and a clerk fee of $1, which persons were licensed to keep tavern and sell liquor. At the June term, 1819, James Ratcliff, Clerk, was authorized to procure a seal with an appropriate device, for the county.
The judges, in addition to their oath of office and the oath to support the Constitution of the United States and of the State of Illinois, were in 1819 required to take an oath to suppress dueling, as appears by an endorsement upon the back of the certificate of elec¬ tion of Judges John C. Slocumb, Daniel McHenry and James A. Richardson in that year. The constables and nearly all the county officers were for years appointed by the Commissioners' Court. At the September term, 1819, it was " ordered that James Ratcliff give the proprietors of the county seat of White County credit for $328, as full compensation for the purchase of two lots for a public square in the town of Carmi."
In the proceedings of the March term, 1820, there is given the account of Robert Hawthorn and Sidney North, administrators of theestate of John Hawthorn, deceased, and in the bill of costs of settlement of the estate, a charge of $5 is made for whisky furnished at asale. Considering the low price of this article in those days, people must have had wonderful appetites for strong drink. In early days a license to keep tavern included the right to retail liquors. At the March term, 1820, Hugh M. Weed, Philip Buckner and John Pallier were licensed to keep tavern. At this session, the court, " pursuant to law," fixed the rates for entertainment and liquors, as follows: Breakfast, dinner and supper, 37£ cents; cognac rum, per half pint, 50 cents; whisky, per half pint, 12£ cents; horse feed, 25 cents.
The court was not so exact in defining the bounds of townships as is necessary in these days, as the following orders, entered on the record of the September term, 1820, will show: " On motion of George McKinzie, ordered that the bounds of Southwest town ship be as follows, viz.: West of Bear Creek, and including all ol Captain Mayberry's militia company." "On motion of Daniel Hay, ordered that all that part of this county north of the Cabbage Patch and Skillet Fork compose one township, which is distin¬ guished by the name of Wake & Tealey Township."
At the election Aug. 7, 1820, Joseph Pumroy, James A. Rich¬ ardson and James Pierce were chosen County Commissioners. The judges of this election were each allowed $1; and the clerks $2. The sheriff was allowed 37£ cents a day for dieting prisoners. The administrators of Reuben Walden, deceased, in settlement of the estate, were allowed $4.50 for " whisky furnished at sale," in 1820.
In this year a Probate Court was created, the Governor appoint¬ ing James Ratcliff, Judge, and the Commissioners' Court ceased to transact probate business. Mr. Ratcliff held the position of Probate Judge and Clerk of the County and Circuit Courts for many years.
At the March term, 1821, it was " ordered that the county levy for the present year be as follows, viz. : All merchants, 25 cents upon all stock in trade for each $100; distillers, 50 cents on each $100 worth; copper stills, 50 cents on each $100; all horses, mares, mules, three years old and upward, 50 cents on each $100 worth." At the June term, 1821, George McCown was paid $47, it being the lowest price bid for the keeping of Thomas Taylor, a pauper, from Jan. 10 to the first Monday in May. At the September term, it was "ordered that the sheriff forthwith have Elijah Rice at the court-house in Oarmi, and after three days' notice make sale of said Rice for the best price that can be had." Rice had been convicted of larceny in the Circuit Court. The sale was probably only for a term of months or years. At the same time William Hosick was appointed Surveyor in the place of George Hosick, removed. In November of the same year it was " ordered that it be certified hat George W. Webb and Edwin B. Webb are young men of moral
In June, 1822, James Higginson was appointed County Treas¬ urer, John McHenry having resigned. Samuel Hughes, Daniel McHenry and John Archer were elected Commissioners in August of this year.
In March, 1823, Daniel Hay was appointed agent for the county and " empowered to call on each and every person who may have unsettled accounts and proceed to settle with the same." The clerk was instructed to turn over to him all papers in his hands that " will have a tendency to throw lights on any accounts where the county may be interested."
At the June term, 1824, Charles Pugley was allowed $50 "for amputating the leg of James Bussell, a pauper of this county, and Jo6iah Stewart a like sum of $50 for medicines and attendance on said Bussell after the amputation, to be paid in the notes of the State Bank of Illinois." It was then the rule to state whether orders should be paid in specie or in State paper, as the latter was at a discount, sometimes $3 being worth only $1 in specie.
The court-house having been demolished by a storm July 6, 1824, the court, Aug. 21, bargained with John Craw for his log house adjoining the public square, for the sum of $3 per day in State paper when in use. Samuel Hughes, Alexander Trousdale and Wm. Nevitt were elected Commissioners in August, 1824.
The county levy in 1825, was fixed at one per cent, on horses, own lots, carriages, distilleries, stock in trade, ferries and mills, but was afterward reduced to one-half per cent. The road tax was fixed at one-half per cent. June term, 1825, ordered that a day's work of a man on the roads be considered worth $1.50, and a wagon and team of four horses or oxen, $3 in State paper.
September term, 1826, ordered that the sheriff pay out of State paper belonging to the county 62£ cents on the dollar when orders are presented for specie. In December, 1826, Daniel McHenry, Joseph Pumroy and James Batcliff were appointed agents to super¬ intend the letting of the building of a brick court-house in Carmi, but nothing was done about the matter at that time. In June, 1827, the clerk was instructed to advertise the letting of the build¬ ing of a brick court-house, forty feet square, in Shawneetown Ga¬ zette. In 1827 the contract was awarded to Allen Budolph for $3,000.
listing all taxable property in the conn tv. He was also appointed Treasurer, giving bond in the sum of $1,000. The next year, being reappointed, he gave a bond of $2,000. The Treasurer was allowed a commission of two per cent. In December, 1827, it was ordered that State paper be paid out seventy-five cents on the dollar.
Sept. 2, 1828, Robert D. Walden filed in the Commissioners' Court his bond as paymaster of the Eleventh Regiment Illinois Militia. At the December term, 1828, the clerk reported that he had in vacation granted, under the statute, license to Thompkins & Co., to peddle wooden clocks, for which said firm paid $50 in State paper.
March term, 1829, Benjamin Backus, desiring a pension from the United States, filed his declaration and made the necessary oaths. This year, David Phillips was appointed Treasurer. In J une Allen Rudolph gave bond in the sum of $500 to build a bridge across the river at this place. A large quantity of timbers was pre¬ pared and hauled in, but it had to be abandoned. Thus was the second attempt a failure. The timbers were afterward used in erecting houses in Carmi. At the December term, it was ordered that Rudolph's time for completion of the court-house be extended to Aug. 1, 1830, provided he furnish a court- room.
March term, 1830, Josiah Stewart this day deposited in open court 60 cents, the tax on forty acres of land, adjoining Carmi) the tax for 1829. Josiah McKnight, J ohn Phipps and J ohn Haynes were elected County Commissioners in 1828, and re-elected in 1830. The cost of holding the election in 1830 amounted to $27.70, includ¬ ing the cost of returning polls. There were then four townships, Burnt Prairie, Mantua, Fox River and Prairie. The justices of the peace in these days reported to the Commissioners' Court all fines assessed, paying over the amount collected, and the court en¬ trusted to some constable the collection of unpaid fines.
At the March term, 1831, Samuel D. Ready, Davidson & Kerney, and Wilmans & Weed were licensed to 6ell "foreign goods" in Carmi for one year, on payment of $15 each. William Head was appointed to sell goods at his house in this county, on giving bond and paying $6 tax. Tne county revenue in 1830 was $975.09. Constables were allowed $1 per day for waiting on court, etc. At the September term it was " ordered that the court-house be received, it having been completed according to contract, and the court here tender to Mr. Allen Rudolph a unanimous vote of thanks for the neat and substantial manner in which he has com- pleted said building. " At this term a certificate of good moral character was given Alexander S. Roberts, to enable him to obtain law license. Hosea Pearce was Sheriff at this time.
March 21, 1832, it was "ordered that the following named per¬ sons be permitted to vend merchandise in this county until the first Monday in March next, on their paying to the county treasurer the sums annexed to their respective names, to-wit : Davidson & Kerney, $20; Wilmans & Weed, $25; Gray & Wal¬ den, $15; Samuel D. Ready, $15; Frederick Williams, $10; Dan¬ iel Powell, $10. " There was no poor-house in those days, but contracts were made with various persons for keeping and clothing paupers* in some cases as low as 75 cents per week. At the June term this year, Thomas Ormsbeo was granted the usual cer¬ tificate for obtaining license to practice law. In August, Josiah McKnight, Hugh Wasson and Andrew Storey, were elected Com¬ missioners. In March, Nathaniel Blackford was appointed Treas¬ urer, and held the office until April, 1805, when John McCown was appointed in his stead. In December, Geo. W. Webb & Co., Jonathan Brown and Obed Nowling were licensed to sell goods in Carmi. At this term James Vickers appeared and filed his sworn declaration to enable him to obtain a pension from the Gov¬ ernment, proving moral character by witnesses. In this year the county tax collected on personal property, commission being de¬ ducted, amounted to $478.21; land tax, $534.06.
March term, Curtis Hill paid into court $12.50, a tax imposed on him fora license to vend clocks in this county from December term up to this time. John Copeland proved moral character and filed declaration for the purpose of obtaining pension. At the April term it was " ordered that the following property be taxed for the year 1833, one-half per cent.: Town lots, slaves, carriages, distilleries, horses, mares, mules, asses and neat cattle over three years old, clocks ard watches with their appendages, mills (except horse mills) and machines. In December, the contract for build¬ ing jail was let to Simeon Smith, his bid being $2,000; $225 addi¬ tional was allowed for extra work on its completion.
In 1834 Josiah McKnight, John T. Lawler and Ilenry P. An¬ derson were elected Commissioners. At the June term, bills for the Ledbetter case, amounting to $268. 70^, were allowed. He was the only man ever hung in this county.
frequently paid 12 per cent, interest on money borrowed for public improvements. In September of this year, John Phipps was ap¬ pointed School Commissioner for the county, and held the office for several years. At the same term Edward Trevis made oath to application for pension from Government as a Revolutionary sol¬ dier.
In 1836 Lawler and Anderson were re-elected Commissioners, with Samuel Hughes. Upon the records several orders are found for parties to furnish maintenance for near relatives who were too old and infirm to provide for themselves. The recreant parties were ordered "in no wise to fail, under penalty of the law." Numerous instances are given of minors who were " likely to become a county charge, " being bound out by the court.
In 1837 James Ratcliff was elected Clerk, a position which he had held by appointment since the meeting of the first County Court. An aversion seems to have been entertained toward clock peddlers, as they were always charged a larger sum for license than any one else. In September of this year, Oliver Holcomb paid $50 for the privilege of selling clocks for three months.
In 1838 the court passed an order " that the county treasurer is hereby authorized and required to pay grand and pettit jurors 75 cents per day each day they may serve, on their producing the clerk's certificate of service. " This year Samuel Hughes, Benjamin Latimore and John Storey were elected Commissioners. After this, but one commissioner was elected each year, and they held their office for three years instead of two.
There were always three or four taverns in Carmi, and there ap¬ pears to have been one at almost every country cross-roads. All tavern-keepers were required to give bond and pay a license fee, ranging from $1.50 to $7.50, owing to the location. Among the landlords from 1830 to 1840 were John Storms, Samuel Ready, William Pollard, Pendleton Childress, Elam Stewart, Seth Har¬ grave, John H. Jones, Daniel Powell, James C. Haynes, Levi Williams, James Jessop, Reuben Emerson, Jehiel Reeves, John J. Miller, William Harvey, William Williams, Patrick Hand more, Stark Williams, Joseph Moore, Henry Kellogg, John Harris, Richard Fulkerson, Caleb Butler, Joseph Butler.
License to sell liquor was given for a small sum, generally about $1.50 in the country, and $5 or $6 in town. In 1839, however, the price wa9 uniformly fixed at $25.
real and personal property, receiving for their services $1 per day. The county levy was fixed at 30 cents on each $100. John Phipps was appointed Tax Collector, and held this office, as well as that of School Commissioner, several years.
At the January term, this year, James Ratcliff, who had previ¬ ously been authorized to receive from the Board of Fund Commis¬ sioners of the State the portion allowed to White County of the amount appropriated for local improvements to counties through which no railroad passed, reported that he had received $15,530, which he had deposited to the credit of the County Commissioners, in the Bank of Illinois at Shawneeto>vn, as directed. The State had entered upon a gigantic system of railroad buildiQg, which eventually proved a total failure and involved the State with a heavy burden of debt. Members of the Legislature from counties through which none of the numerous lines of projected railways were to run, naturally demanded something for local improvements for their constituents, and hence this appropriation of what was aptly termed by one of the old citizens as " hush money." The most of the money paid to this county was used in building the old bridge at this place. This bridge was built under the supervision of the Carmi Bridge Company, and afterward turned over to the county. During this year Josiah McKnightwas elected Commissioner.
The annual tax for selling merchandise ranged from $5 to $25, owing to location and stock. This was in lieu of all taxes. After the adoption of a regular system of valuation and assessment of all property, in 1839, this license fee was done away with. Among the storekeepers from 1833 to 1839 were Gray & Waldin, at Grayville; Jehiel Reeves, where Liberty now is; Wood & Mansfield, at Concord; William Williams, Adam Crouch, Matthew Dockery, Daniel Powell, Roley Williams, Josiah Phillips, William T. Sealey, William Fuller, John McConn, Robert Graham, Harris & Miller, William Martin, William H. Davidson, J. C. Slocumb, Joseph Ruddick, N. & J. B. Blackford, Henry Kellogg, Henry Franks.
Iu 1840 a bridge was built across Skillet Fork, at Forkner's Ferry, by Yariel & Craddock, their bid being $1,397.75. John Phipps superintended the work in behalf of the county.
At the January term, 1841, Wm. H. Davidson was appointed agent for the county, " to demand and receive from the auditor of the State a warrant or warrants on the State treasury for $1,000 (or such other amount as may be in the treasury) of an appropria¬ tion to White County, of the proceeds of the sale of the Gallatin
Saline Reserve. The amonnt received from this source was $948.42. Wm. L. Harrison was appointed Assessor, and received for his services $158. Samuel Hughes was elected Commissioner. The county levy this year, and for several years thereafter, was twenty cents on the $100. Oct. 4, the commissioners rented the Oarmi bridge for one year to Robert Wilson and James Fackney, for $356, they being the highest bidders.
In 1842 George Clark was appointed Assessor. At the March term, the clerk submitted a statement of receipts and disbursements of internal improvement funds received from the State, showing: County's distributive share of the $200,000 internal improvement fund, $16,728.40; county's share of proceeds of sale of the Saline Reserve, $948.42, making a total of $17,676.82. The disburse¬ ments were as follows: Carmi bridge, $11,783.93; Skillet Fork bridge, $2,868.34; Grayville bridge, $455; Sandy Slough bridge, $207; Lick Creek bridge, $250; Indian Creek bridge, near Powell's, $60; Cave Creek bridge, near Gallatin, $97; Bear Creek bridge, $84; John Phipps, superintending, $37; James Ratcliff, conveying money from Springfield to Shawneetown, $20; leaving a balance on hand of $1,814.50.
In 1843 John Blackford was appointed Collector, John Phipps, Assessor, and James Ratcliff, Treasurer. Abel Rice was elected Com¬ missioner. At the December term, Simon Hale, a Revolutionary soldier, filed a declaration with the usual form for obtaining a Gov¬ ernment pension.
In 1844 Samuel Hughes was elected Commissioner at the regular election, but owing to his death or resignation Ahart S. Staley was elected in December. In March, Abraham L. Armstrong made declaration in due form to obtain pension for the heirs of John Lamb, a Revolutionary soldier. James Ratcliff was a very popu¬ lar official, and usually held three or four county offices. This year he also filled the office of assessor.
In 1845 W m. L. Garrison was elected Commissioner. Henry P, Anderson was appointed School Commissioner. The commis¬ sioners having purchased a tract of land from Wm. H. Davidson for a "poor" farm and erected a building thereon, Cyrus Burrell was appointed keeper of the poor-house; he was paid a salary, and all provisions were furnished by the county. The court-house was the place where dances, shows and other amusements were held in these days, and the building was considerably damaged at times; hence it was ordered, at the March term of this year, that John G.
Hoots, who had charge of the building, should " not permit any show, dances, or any assembly for amusement," unless parties paid a reasonable sum for the use of the house and stood responsible for any damage that might be done.
Probate Court
The first session of the Probate Court for White County was held Dec. 4, 1820, at the probate office in Carmi, by James Rat¬ cliff, Judge of C. P. W. C., and the first transaction is thus recorded :
" Be it remembered that, etc., came Daniel McHenry, who made it appear to the satisfaction of the court that John Ament, of said county, had departed this life ' intestate,' as it [is] said, on or about the - day of - A. D. 18 - , having at the time of his decease di¬ verse goods and chattel and personal estate, which is liable to waste; whereupon the court here doth appoint the said Daniel McHenry administrator of all and singular, the goods and chattels and personal estate which was of the said John Ament, deceased, at the time of his death. Whereupon the said Daniel McHenry took upon himself the burthen of the administration, and entered into bond with Pierce Hawley, his security, which bond and security is approved of by the court. And thereupon the oath of admin¬ istration was administered to him. the said Daniel McHenry; and thereupon letters of administration on said goods and chat¬ tels and personal estate was [were] issued to the aforesaid admin¬ istrator, which letters are in the following words and figures, viz.:" etc.
Here follows a copy of said u letters," then an inventory of the property, at $53.52, which was sold for $64. 62£. and on which the administrator's fees and expenses were $8, and the probate fees $7. 50. The forms above given were evidently written out beforehand with blanks, and after the transaction of the business these were filled, except the date of the death.
The next case was the appointment of Robert Shipley as admin¬ istrator on the estate of Hezekiah B. Davis, deceased, - dates not given. The goods were inventoried at $383.50, and sold for $264.75; and cash belonged to the intestate, besides the above, to the amount of $660.78. This transaction appears to have oc- curred also at the first session of the court, as above described. Then follow in a similar manner, with dates generally omitted, the ap¬ pointment of Priscilla Hurt, administratrix on the possessions of Absalom E. Hurt, bill of sale amounting to $562. 56^; of John Lassley, administrator on the estate of Christopher Kingrey, with no inventory, bill of sale, or copy of letters of appointment; of George Webb, Nov. 2, 1840, for Davis Berry, $561.06£; of James Robertson, for Jesse Welsey, $262.12£; of Wesley Jameson, for John Thomas, $56.50, etc., etc.
In the foregoing account a skip is made from 1820 to 1840; and thus the record is given in the first volume in the clerk's office; but the probate business during^ that interval was recorded in another volume, lettered** B. " Dates are often omitted through¬ out both these volumes, and the name of the probate judge scarcely ever appears; but it seems that James Ratcliff held the office uninterruptedly unti about 1850, when he was succeeded by Solomon Vories. Since 1848 the succession of all county officers can be readily traced in our table of election returns, in another chapter.
Government by "county commissioners" continued until 1848, when the people adopted the ** County Court," whieh con¬ sisted of one "judge" and two ** associate justices." The ** county judge " at first had probate jurisdiction, and afterward concurrent jurisdiction with the ''justices." Since 1872 probate business is attended to by the "county judge," elected every four years, exclusively for that purpose.
Circuit Court
March 3, 1815, Gallatin, Edwards and Madison counties were constituted the second circuit. The present White County was then in Gallatin. At that time there were but three circuits in the State.
In 1819 the second circuit was made to comprise the "counties of Crawford, Edwards and White," sessions of the court to be held the *k second Mondays of May and October." agreeably to an act of Assembly, passed on the sixth day of Janu¬ ary, 1817, and also a supplement to said bill, passed on the tenth day of January, 1817. Present, Hon. Thomas Towles.
"Samuel Hogg, Foreman; David Haney, Daniel Brown, James Meridith, Richard Haynes, George McCown, Aaron Will¬ iams, Abner Pierce, John C. Gore, Jordan Vance, Samuel Craig Thomas Mays, Peter Phillips, James Mays, James McNeal, Emanuel Madcalf, George Berry and Robert Shipley, a Grand Jury, sworn to inquire for the body of the county of White, re¬ ceived a charge, and retired out of court to consult of present¬ ments, etc.
" Peter Phillips and Jacob Phillips, plaintiffs, against William Hungate and Andrew Vance, defendants: In trespass By order of the plaintiff in his proper person, it is ordered that the suit be dismissed.
"William Hungate, plaintiff, against Jacob Phillips and Peter Phillips, defendants: In trespass vi et armis. By order of the plaintiff in his proper person it is ordered that the suit be dis¬ missed.
" Robert Shipley, plaintiff, against William Nash, defendant: In trover and conversion. This day came parties, by their attorney, and the defendant, by his attorney, filed his plea in theas e, and the plaintiff joined the same, and thereupon it is ordered that the suit be laid over until to-morrow. Ordered that court adjourn until to-morrow at nine o'clock."
Personal Sketches
Hon. Chauncey S. Conger , Judge of the Second Judicial Cir¬ cuit of Hlinois, is the youngest of five sons, namely: Hon. Omar D. Conger, United States Senator from Michigan, and a resident of Port Huron, that State; WillistonK., of California; Seymour B., who was killed in the late war, in West Virginia; Everton J., whose sketch appears on a subsequent page, and Chauncey S.
Their father was Rev. Enoch Conger, a Presbyterian minister and a native of New Fork State, who emigrated to Ohio in 1824, where, in the course of time, he had charge of several churches in the Western Reserve. TBeir mother's maiden name was Esther West, and she was also a native of the State of New York. The subject of this sketch was born in Plymouth, O., Jan. 14, 1838. After obtaining a common-school education, wherein he exhibited special talent for mathematical studies, he, in 1857, entered the ser¬ vice of the Port Huron & Milwaukee Railway Company as a civil engineer, and in November, 1858, he accepted a similar position on the Illinois Southern Railroad, since known as the Cairo & Vin¬ cennes Road and Wabash Railway. In 1860 he acted as civil engi¬ neer for surveying the level from Carmi to New Haven, and for the construction of the lock and dam at the latter place. In the spring of 1860 he commenced the study of law in Carmi, and in June, 1861, was admitted to the bar, since which date he has been engaged in law, most of the time in partnership with Colonel J. M. Crebs. In the fall of 1860, Mr. Conger was also elected County Superintend¬ ent of Schools, and in November, 1862, a Representative to the Legislature of Illinois, by a majority of 872 over Hon. S. II. Mar¬ tin, independent Democrat. Mr. Conger was the youngest mem¬ ber of that General Assembly. In June, 1879, he was elected one of the judges of the Second Judicial Circuit, by a majority of 3,287 over Benson Wood, the Republican nominee, and of 5,615 over James C. Allen, and 7,326 over W. G. Bowman, independent Democratic candidates.
Mr. Conger is comfortably situated in the city of Carmi, where his influence is sought for every local enterprise that is inaugura¬ ted. Of local organizations in which he takes any interest at all, he is generally made president. He is an Elder in the Presbyte¬ rian church, a member of the Masonic order, in which he was a Master several years, has been High Priest of the chapter, and is also a member of the A. O. U. W.
Nov. 28, 1861, Mr. Conger was married to Miss Ellen Stewart, a daughter of Dr. Josiah Stewart, and their children are - Maud E., Annie S., Margaret L., Nellie S., and Chauncey S., Jr.
The Bar Of The Past
Win. H. Davidson, Wra. Wilson, Edwin B. Webb, John McLean, Henry Eddy, Jephthah Hardin, S. Snowdon Hayes, John E. Whiting, Aaron Shaw, E. A. Kitchell, James S. Robinson, E. J. Conger and others, - most of whom are now silent in the grave. Sketches of several of these are given in this and other chapters. Aaron Shaw, for a time State's Attorney, is a resident of Law renceville; is an able man, and is now Congressman elect from the Olney District; has been a member of Congress in previous years. Kitchell was a man of good judgment, unpretending dig¬ nity and a good lawyer. He moved to Galesburg, Ill., many years ago, where he recently died. McLean, Hardin and Eddy, espe¬ cially the latter, were residents of Shawneetown, and all good law¬ yers.
A. R. Shannon , born in Shelby County, Ky., June 28, 1822, is a son of Thomas and Eliza (Dupuy) Shannon, the former a na¬ tive of Virginia but reared in Kentucky. Dr. Shannon came to White County in 1820, and was married the next year. A. R. en¬ tered the Illinois College, at Jacksonville, Ill., when twelve years of age; remained there two or three years, and then went to the Indiana State University, at Bloomington, graduating in 1841. Fie immediately returned to Carmi and commenced the 6tudy of law under Hon. E. B. Webb; attended the law school at Lex¬ ington, Ky., two terms, graduating in 1844. Returned to Carmi and engaged in the practice of law one year, when he engaged in the mercantile business, which he continued till 1876 and then closed out. He was married in June, 1845, to Sarah Jane, daughter of S. D. Ready, a merchant of Carmi. She died in 1860, leaving a family of three children, only one of whom is now living - Mary, who makes her father's house her home. She was educated at Nazareth Academy, near Bardstown, Ky., where she spent six years, graduating in 1875. One son, S. R. Shannon, died in April, 1876, at the age of twenty-seven. He had spent a great deal of time in college and had been in the mercantile business witli his father four years when he died. The rest of his children died when quite young. Mr. Shannon has been a member of the Ma¬ sonic order for the last twenty years. He was a member of the School Board of Carmi twelve years; was also one of the original members of the State Board of Education; was a member of that board when the State University was located at Bloomington, Ill.
On attaining manhood he studied law under Hon. Edwin B. Webb, of the same place, and attended law school at Louisville, Ky., where he received a diploma in 1850. In 1851 he com¬ menced the practice of law in Carmi, but was in the same year elected State's Attorney for this district, which office he held until he died, in 1859. He married in May, 1851, Miss Emma, daugh¬ ter of Samuel D. Ready, who was also a native of this county. She died in February, 1852, and in 1854 Mr. R. married Betty Har¬ row, a daughter of Thomas Harrow, in Lawrenceville, Ill. ; she was originally from Winchester, Ky., and she is still living, in Greenville, Miss. With her is her only child, Miss Lucy H. Rob¬ inson. After Mr. R.'s death, the family removed from Carmi to Frankfort, Ky., then to Cleveland, O., where Miss Lucy H. grad¬ uated, a a seminary. Mr. Robinson was a gentleman very highly esteemed, as was evidenced by his early promotion to a most im¬ portant public position, and by his re-election to the same. He was popular throughout the entire district as an able attorney for the "people."
Honorable Everton J. Conger was an attorney at law and a resi¬ dent of Carmi. He was born in Sandusky County, in 1835, and is an elder brother of Chauncey S. Conger, already mentioned. His first occupation was that of dentistry, which he followed in several localities. He was thus engaged at Fremont, Ohio, when the great war of the Rebellion commenced in 1861. He then enlisted in the 100-days' service, and before his term expired he raised a company in his State, of which he was commissioned Captain, and which was attached to the West Virginia Cavalry. He was afterward commissioned Lieutenant-Colonel of the First District of Colum¬ bia Cavalry, under Colonel Baker; aud as the latter was absent much of the time, Mr. Conger had actual command. He partici¬ pated in engagements at Petersburg and through the Richmond campaign; was wounded several times. His arm was nearly cut off on one occasion by a broad-sword, as he was lying down aud attempted to raise the arm to defend himself; and he still carries an enemy's bullet in his body. He is thus rendered a cripple for life.
When Lincoln was assassinated, in April, 1865, and General Baker was at the head of the United States Detective Service, Lieu¬ tenant Dougherty, with about twenty men, was detailed to act under the command of Colonel Conger to go in search of John Wilkes they surrounded. Mr. Conner several times ordered the wretch to come out and surrender himself; the latter refusing, the Colonel threatened to set fire to the barn, in order to drive him out. Ac¬ cordingly he soon commenced a fire, when Sergeant Corbett shot Booth, wounding him, and th e posse took him out by force to the porch of a house near by, where he soon afterward died.
All through the war Colonel Conger was faithful both as a sol¬ dier and an officer, winning the highest mead of praise. After the close of the Rebellion he practiced dentistry about two years. In 1869 he commenced the study of law in the office of Crebs & Conger, at Carmi; was admitted to the bar in 1871, and began the practice of his profession in this place; but he was soon elected Police Magistrate, which office he retained until some time in 1880, when he was appointed one of the Federal Judges of Montana Territory. This appointment, which he now holds, is a high testi¬ monial to the ability and integrity of this ex-soldier and jurist.
The Present Bar
Colonel John M. Crd>8> the oldest member of the bar in the Twelfth Judicial District, was born in Loudoun County, Va., April 9, 1830. His parents were Berry and Lucy (Wilson) Crebs, father a native of Frederick County, Va., and mother, of Loudoun County. In 1836 the family emigrated to this county and settled about eight milec southwest of Carmi. In 1852 the subject of this bio¬ graphical notice was admitted to the bar, and in December he opened an office in Carmi and commenced the practice of his pro¬ fession. In August, 1862, he entered the service of the United States as Lieutenant- Colonel of the Eighty-seventh Illinois Vol¬ unteer Infantry and served until July 5, 1865, when he was dis¬ charged. The history of this regiment is given in Chapter VIII. During all this service the Colonel was never sick or wounded. After the close of the war he commenced the practice of law again in Carmi. In 1866 he was nominated by the Democracy of Illi¬ nois for Superintendent of Public Instruction. In 1868 he was elected to Congress from the Thirteenth District, and re-elected in 1870. Since 1860 he has been in partnership with Judge C. S. Conger in the practice of law, excepting one year, and until the latter was elected Judge. Colonel Crebs is a Deacon in the Presby¬ terian church; is a man of considerable property and of wellknown liberality, having done much for local improvements and philanthropic enterprises of all kinds.
He was married Oct. 13, 1857, to Miss N. E. Stewart, daugh¬ ter of Dr. Josiah Stewart, so well known in the early history of White County. Mr. and Mrs. C. have had seven children, all of whom are living. The eldest, Edwin E., is married and living in Mount Vernon.
Charles E, MoDoweU , attorney and counselor at law, a native of Mt. Carmel, Wabash Co., Ill., was born July 22, 1838, and was a son of James and Elizabeth P. (Watson) McDowell. The grand¬ parent on the McDowell side was William McDowell, of Scotoh- Irish descent, a physician from the north of Ireland, and on the Watson side French-English. In December, 1859, Mr. McDowell moved to White and read law with Colonel John E. Whiting, and was admitted to the bar in the latter part of 1861, where he has since been in active practice. Mr. McDowell, in 1862, was ap¬ pointed County Superintendent of Schools, and was afterward elected ro the position aud served until 1869, a total of seven years. In 1869 he was elected a member of the State Constitu¬ tional Convention from the district composed of the counties of White and Edwards. In 1876 he was elected a member of the State Senate from the Forty-sixth District, comprising the counties White, Hamilton and Jefferson. In 1881 he was Grand Master of the A. O. U. W. for the State of Illinois. He is still in the prac¬ tice of law, making real estate a specialty. Since 1861 he has been in partnership with J. I. McOlintock. The foregoing facts are a sufficient testimonial to the high standing of Mr. McDowell with¬ out any additional words from us.
Oct. 25, 1864, he married Mary 0., daughter of John F. Youngken and a native of Wabash County, III. They have one child living, Hattie by name.
James I McOlintock , attorney at law and County Superintend¬ ent of Schools, was bom in Chillicothe, Ohio, Aug. 17, 1837. His pare?) 8 were James and Elizabeth (English) McOlintock, also natives of Ohio.
He was educated in the district schools until ten years of age when he entered the Chillicothe Academy, a school of great note in its day. At the age of sixteen years he entered the Ohio Wes¬ leyan University at Delaware, Ohio, and graduated in the classical course in 1857, and in 1860 received the degree of Master of Arts from the same college. After graduating he engaged as salesman in a store in Chillicothe until the summer of 1858, when he emi¬ grated to Wabash County, Ill., and engaged in farming. In the fall of 1859 he began teaching school in Mt. Carmel, 111., and was principal of the High School for several years. In 1863 he re¬ moved to Bloomington, Ill., and was Deputy County Clerk until July, 1864, when he entered the mustering and disbursing office at Springfield. In April, 1865, he became Principal of the High School at Rochelle, in Ogle County, but in July, 1865, removed to Carmi; taught school in Carrai for one year, and was admitted to the bar in 1867, since which time he lias been in the practice of law in partnership with Hon. C. E. McDowell.
Mr. McClintock was elected County Superintendent of Schools of White County in 1869; resigned that office in 1872 and was elected County Attorney, which office he held until 1876; he was again elected County Superintendent in 1877, and again 882. He has been Secretary of the Normal School at Carmi since its institution, and is also Treasurer of the Agricultural Board. He is a member of Carmi Lodge, No. 272, A. F. & A. M., of which he has been W. M. f*Qr a number of years; also belongs to Carmi
J. R. Williams , attorney at law, Schumaker's block, Carmi, is a native of this county, and was born in Burnt Prairie Township, Dec. 27, 1851. His parents were Thomas and Susan (Rawls) Williams, a further notice of whom is given in Chapter XVI. He was brought up on a farm; attended graded school iu Carmi and Enfield; entered the Indiana State University at Bloomington and graduated in the classical course July 7, 1875, devoting a portion of his time to the study of law; finished his law course June 10, 1876, at the Union College of Law in Chicago; was admitted to the bar in July following, and Aug. 1 opened his office for practice in Carmi. Was Master in Chancery from January, 1880, to January, 1882; last April he was nominated by the Democratic Convention for County Judge, by a majority of 1,295 over his opponent, and Nov. 7, was elected. Mr. Williams has ever taken an active part in politics, and is a rising young man of great promise. He is a member of the Phi Cappa Psi fraternity.
Frank E. Pomeroy , attorney at law, was born in White County, Ill., Nov. 22, 1858. He is a son of James M. Pomeroy, one of White County's pioneers and prominent citizens, whose biography replete with interest will be found in this work. Lawyer Pomeroy made his home with his father till he was about twenty years of age, when he went to Lebanon, Ohio, and entered the National Normal University of that place. He commenced the study of law Ang. 13, 1879; was admitted to the bar August, 1881, at Mt. Yernon, Ill. In October, 1881, he and C. P. Berry formed a partnership in the practice of law. This partnership existed six months, when Mr. Berry went West and the partnership was dissolved. Mr. Pome¬ roy is now engaged in the practice of law alone, and for a young man of his natural ability we cannot but bespeak a brilliant career. The confidence the older members of the bar impose in him indi¬ cate worth in Mr. Pomeroy that should be the envy of all young men.
R. L. OrganvrdA born in Wayne County, III., Dec. 8, 1849. He is a son of Henry A. Organ, a native of Tennessee, who moved to Wayne County in an early day, with his widowed mother and family. He made that his home till his death, Nov. 27, 1864. He was a farmer. R. L. Organ made his father's house his home until he was a young man. In 1868 he entered the Indiana State University, at Bloomington, and graduated in 1872. He then com¬ menced to study under Attorney-General James McCartney, of Fairfield, Ill., and remained with him about a year. He was ad¬ mitted to the bar at Mt. Yernon, III., in June, 1873. The follow¬ ing year he studied law in connection with legal writing. In 1874 he commenced to practice in Carrai in company with Allen Bleakley, the firm being known as Bleakley & Organ. This partnership continued until 1880, when they dissolved and Mr. Organ has con¬ ducted his business alone. At the time of their dissolution they had a good many abstracts; these Mr. Organ purchased of Mr. Bleakley and now has the only set of abstract books in the county. In 1877 he was elected Justice of the Peace, and in 1881 was re¬ elected. He was married Sept. 7, 1876, to Alice M., daughter of J. M. Damron, of Car mi. They have two children - Mabel, aged five, and Joseph L., aged two and a half years.
Nathaniel Holderby , attorney, of White County bar, is one of the pioneer children of White County. His parents were Na¬ thaniel and Nancy (Harvey) Holderby, natives of Gallatin County, Ill., and Virginia, respectively. They were among the first set¬ tlers of White County. His father died in November, 1864. His mother is still living with her son on the old homestead farm, in Hawthorne Township. She is a member of the Methodist Episco¬ pal church. They had a family of thirteen, nine living, all resid¬ ing in White County - John, who married Mary Shirrell (they reside in Hawthorne Township); Thomas, who married Mrs. Louisa (Dagley) Wilson; James, married Ellen Eveilett; Alfred, married Jane Sherrill; Nathaniel, married Cynthia Graham, and William, unmarried. The girls are - Mary, wife of Andrew Bowen ; Tabitha, wife of John Gaines; and Elizabeth. Nathaniel Holderby remained on the old homestead until fourteen, when his father died. He then lived with his brother Alfred, working on the farm and attend¬ ing school winters for two years. He then attended the common and graded school in Hawthorne Township for two years; then taught school winters for eight years, until 1875, when he read law in the office of Colonel Jasper Partridge for ten months; then read with P. A. Pierce fourteen months; then was admitted to the Illi¬ nois bar, at Mt. Vernon, in 1877. He then located in Carmi and established his present office. Mr. Holderby was married to Cyn¬ thia Graham, Jan. 1, 1878. She was born in White County, and was a daughter of Nathaniel and Susannah (Frazier) Graham, early settlers of White County. Mr. and Mrs. Holderby are members of the Methodist Episcopal church. He has been Superintendent of the Methodist Episcopal Sunday-school for the past four years. They have two children - Amy, born Nov. 29, 1879, and Nellie, born Jan. 24, 1882. Mr. Holderby is a member of the A. O. U. W., Carmi Lodge, No. 121; Royal Templars, Carmi Lodge, No. 63. In politics he is a Republican. Mr. Holderby is one of the self-made men of White County, and procured an education through his own exertions.
Charles P. Berry was born in Hartford, Conn., Sept. 12, 1859. He was a son of Benjamin Berry, a contractor in Colt's Armory, at Hartford. He was by birth an Englishman, born in Yorkshire, England. Chas. P. Berry received his education in Hartford, Conn. He came to Illinois in 1878, though he had previously visited friends in this State. The winters of 1878 and 1879 he taught school at Elm Grove, White County. Immediately following this date he entered Colonel Creb's office as a law stu¬ dent; was under his instruction three years; was admitted to the bar May 10, 1881, at Mt. Vernon, O., and then received his icense. In October, 1881, he opened a law office in Carmi in company with F. E. Pomeroy. This partnership existed six months under the name of Berry & Pomeroy. Since that date Mr. Berry has been alone in the profession.
the breaking ont of the Rebellion. He was the second man to en¬ list in a company raised in this county, and entered the service as Orderly Sergeant of Company I, First Regiment Illinois Cav¬ alry; was mustered ont June 16, 1865, as First Lieutenant, Com¬ pany I, Eighty-seventh Regiment Illinois Volunteers, having served over four years, and until the close of the war. During the service he was mainly with the armies operating on and near the Mississippi River, and participated in nearly every important campaign of those armies. After the war Mr. Johnson entered the law office of Colonel John E. Whiting, and was admitted to the bar in December, 1867. He was Presidential Elector for the Nineteenth Congressional District of Illinois at the election of Garfield and Arthur in 1880, and is now (Nov. 3, 1882) the Republican nom¬ inee in the Forty-sixth Senatorial District of Illinois, comprised of the counties of Hamilton, Lawrence, Wabash and White, for Rep¬ resentative in the next General Assembly.
Mr. Johnson is a son of the late Dr. Martin Johnson, the origi¬ nal proprietor of the town of Enfield, and one of the early settlers of the county. He is an Elder in the Christian church of Carmi, and is a Sunday-school and temperance worker.
He was married to Margaret Houston, of Carmi, April 1, 1867. Four children - Olive M., Bertha E., Annie Gertrude and Mabel, all living except the last. Mrs. Johnson died in 1878, and April 35, 1881, Mr. Johnson married Ray Piety, of Indiana. He is a member of the Masonic fraternity and the A. O. U. W., in which last he is Representative to the State Grand Lodge, and District Deputy.
Allen Bleakley was born in Wayne County, 111., July 8, 1849 He was a son of Joseph and Sarah (Allen) Bleakley, natives of County Tyrone, Ireland. His father came to the United States when he was eighteen, and his mother when she was several years younger. His father spent the first seven or eight years in this country in Massilon, Stark Co., O.; was married there. In 1839, he moved to Wayne County, Ill., where he still resides on the farm he originally entered. His mother died in 1856. They had a family of five children - Mary J., married Charles G. Archibald, a merchant of Cisne, Wayne County; Joseph W. went to Califor¬ nia in 1870, and is engaged in mining; Allen is the subject of this sketch; Isabel married Samuel McCracken, a farmer of Wayne County. Allen made his father's house his home till after he was of age. His early education was received in the select schools of
Wayne County. He entered the law school at Ann Arbor, Mich., in 1869, graduating in 1871. After his return from Ann Arbor, he spent five months in the office of Wilson & Hutchinson, of Olney. Then he was admitted to the bar of Illinois, examined by Judge Canby. He began the practice of law in Fairfield in the fall of 1871, and was in the office of Attorney-General McCartney, till July 1, 1873. At that time he became a citizen of Carmi, and formed a copartnership with R. L. Organ. This existed till 1881. Since then he has been practicing alone. He was married Oct. 13, 1875. He has three children - Mamie, aged six; Roy ton aged five, and Carrie, aged three.
John W . Hon is a practicing attorney in the city of Carmi; office in the Schumaker building. He is a native of White County, and has just been admitted to the bar.
T. G . Parker, also a native of this county, was admitted to the bar in 1874, at the age of twenty-three. His office at present is in the Wilson building, under the Times printing office. For a time he practiced in partnership with Jasper Partridge, also of this city.
Jasper Partridge is from Ohio; was a Lieutenant-Colonel in the last war; is now in the practice of law at Carmi, and is also agent for pension claims ; office in the Martin building, immedi¬ ately north of the county offices.
Prince A. Pearce , present County Attorney; office in the Storm's block. Born and raised in White County; admitted to the bar about 1873; is also in the insurance business.
Edward Kershaw, born Oct. 10, 1847, in White County, is a son of Merideth Edward and Virginia (Stone) Kershaw. His father is a native of White County, and his mother of the south¬ eastern part of Virginia. Merideth Kershaw's parents came from England in 1818. They landed in Philadelphia, and settled in White County in that year. His mother's parents came from France and settled in Virginia. Merideth Kershaw was born in 1821. and lived the life of a farmer till the war broke out, when he enlisted in the Eighty-seventh Illinois, in 1862, and died at New Orleans in August, 1864. His mother died in 1857 in White County. They raised six children, five of them now living. The oldest son, Ephraim, was killed in the war. Edward Kershaw was brought up on the homestead, and was educated at home at common schools, and spent two years at the academy at Lebanon, Warren Co., O. He began the study of law in 1866, and was admitted to the bar in 1871. He has a general practice in all the courts, and is well versed in his profession. He was married April, 1873, to Frances Whiften, native of Ocolona, Miss. They have two children, daughters. They lost one son, Edward? March 10, 1882, three years and five months old. The daughters are May and Frances, living at home. He enlisted in the army in December, 1861, in the Sixtieth Illinois, Company B, and served nearly four years; was discharged August, 1865; was with the regiment in all the campaigns, engaged with it in about forty battles and skirmishes, and bears the marks of seven different wounds, though not laid up in hospital; was with the command all through.
Leslie Durley, born Nov. 4, 1847, at Hennepin, Putnam Co., 111., is a son of Jefferson and Eleanor S. (Seadon) Durley, his father, a native of Sangamon County, 111., and his mother of Ken¬ tucky, both living at Hennepin, Putnam County. Mr. D. was reared and educated in Putnam County. Began to study law in 1868, and was admitted to the bar September, 1874. He began to practice law in Greenville, where he has continued ever since. His practice extends in both County and State courts. He was the Republican candidate for State's Attorney in 1876, and was a can¬ didate for State Senator of the same party in 1880 from the Fortysixth District. The county being largely Democratic, this ticket was elected. Mr. Durley ran ahead of his ticket. He was married in 1876 at Grayville, to Mrs. Mary J. Clayton, daughter of Caleb Butler. They have one daughter. In 1864 he enlisted in the One Hundred and Thirty-ninth Illinois, Company B, and served five and one half months. Has been connected with Illinois militia for four years, and is now Lieutenant-Colonel, in command of Ninth Regiment. Prior to his coming to White County he did the business in the Sheriff's office for three years, his father be¬ ing Sheriff, but was connected with other business.
Wm. R. Gray , born Sept. 1, 18*20, in Sumner County, Tenn., is a son of Dr. James M. and Maria R. ^Sanders) Gray. His father was a native of North Carolina, and his mother of Virginia; both came to Sumner County when very young. Ilis mother lived there till her death, July 4, 1838. Ilis father went to the northern part of Mississippi and died there in 1864. Mr. Gray was raised in Sumner County till he was twenty years old, brought up princi¬ pally on a farm. Educated at Gallatin and Nashville, Tenn. In 1840 he left Tennessee and went to Daviess County, Ky. ; was en¬ gaged some sime in farming and teaching school. He was mar¬ ried Jan. 8, 1843, to Lucinda Bell, a native of Bullitt County > Ky. She died in 1848. In 1851 he moved to Carlisle, Clinton Co., Ill. He first studied law in Gallatin, Tenn., with Colonel Joe C. Guild, now Judge of the United States Supreme Court of Tennessee. He practiced law at Carlisle, Clinton Co., Ill., about twenty-five years, during the best part of his life. He came to White County in 1877, where he has been living ever since. He is now living at Concord, Emma Township, where he has a general store. He also carries on his practice of law to a certain extent, having some cases now pending both in the County and Cir¬ cuit Court. He was married in 1854 to Mary C. Moore, at Car¬ lisle, Clinton Co., Ill. She died July 11, 1882. They had two children, Emma and Wm. M. Gray, both living in Macon County, Ill. Politically, a Whig; cast his first vote for Henry Clay; remained with that party and all its nominees till the party went down, 1852. Supported Fremont in 1856, and since has been an ardent supporter of the Republican party. Has never been an office seeker. Has spent hundreds of dollars in the interest of the Republican party. His friends did persuade him to serve two years as Township Clerk of Emma Township.
George C. Cross , an attorney, farmer and furniture dealer at Orossville, is also a native of this county. He pays special atten¬ tion to probate business, divorces and collections.
The Court-Hou8E
The first court-house was a frame building, erected near the pub¬ lic well, a few yards distant from the present public well. At the latter point there was then a sort of knoll or Indian mound. This house was blown down prior to 1824, and court was then held in John Craw's house, now occupied by Robert Stewart. Here the criminal Cotner was tried and condemned to the gallows, but at the last moment was reprieved by the Governor. Until the new court-house was built the county business was done at the respect¬ ive residences of the officers.
letting of the building of a brick court-house, forty feet square. Proposals will be received until the 4th of July next." The Commissioners at this time were Abel Rice, Alex. Trousdale and Daniel McHenry. On the 4th of July, above designated, "the court proceeded to read t he proposals for the building of a court¬ house. On the examination of the proposals the court took in with the proposal of Hackett & Rudolph," which was to erect the building for $3,000.
The building was finished in 1831, by Allen Rudolph; and the many long years that have since intervened could tell many an in¬ teresting story of the clashing of legal arms, the impaneling of juries, the trembling of criminals, the ugliness of wicked men, the indignation of the righteous, as well as of religious meetings of all kinds, political meetings and miscellaneous meetings of all kinds, that have taken place within those walls.
May 5, 1816, when Willis Hargrave, Joseph Pumroy and J. 0. Slocum were the County Commissioners, they " ordered that the building of a jail on the public square, of the following descrip¬ tion, be let to the lowest bidder, on the second Saturday in June next, at the court-house in Carmi, viz. : To be made of good, sound oak logs, fourteen feet long, hewed to afoot square; the corners of the building to be well done and sawed down square; with a floor of square timber a foot thick; eight feet between first and second floors; which second floor to be laid with a foot thick square timber; with a small hatchway, two and a half feet square and six inches thick, to get in the lower room. In the second floor around, seven inches thick, with a floor of timber seven inches thick; with a small window in each story, six inches one way, two feet long, with four iron bars; covered with a good, strong shingle roof; a door in the upper story, with a substantial shutter and a suffi¬ cient stock lock; with a strong step-ladder on the outside, etc. "
It appears that the jail was built according to the foregoing in¬ structions, for we find an order of the court, dated Nov. 27, 1S16, for paying Walter Garner in part for this work, and receiving the said jail as having been finished according to contract. The total cost was $329. Subsequently Willis Hargrave was also paid in part for work on the same structure. It was located on the west corner of the public square, in front of where Mr. Martin now re¬ sides. Near it was the "estray pen," used more for fights than estrays.
About 1821 a prisoner was taken from the jail to the woods just north of where Richard Jessup's residence now is, to be thrashed with hickory sprouts; but before this well-deserved punishment was inflicted, a by-stander whispered to him to run, which he did, with the apparent speed of a deer, and got away.
In 1833 the County Court " ordered that Josiah McKnightcall to his assistance such other workmen as he may deem proper, and make a draft of a jail house for White County, and advertise the letting to the lowest bidder the building of said jail." In Decem¬ ber of this year the contract was let to Simeon Smith for $2,000.* This mechanic completed the structure in 1836, and it stands to the present day; but, of course, it has been from time to time enlarged and repaired, so that it still appears new.
In 1880 an addition was built to the jail, by W. H. Floyd, at a cost of $3,329, to be paid in county orders; and Alexander Boyer did some further work on the structure, to the extent of $130, etc.
Provenance
Text from History of White County Illinois, published 1883, in the public domain in the United States and digitised by the Internet Archive.