White County, Illinois - Chapter 7: Criminal, 1883

Chapter 7: Criminal

It i6 not with any pleasure that we record dark deeds; but every one will consider a local history incomplete did it not give some account of the principal crimes committed in the community. Probably the principal value of such a record as this is to fix dates and correct wrong impressions. We arrange the cases here chro¬ nologically.

The Fir8T Murder Case

Aug. 31, 1824, Frederick Cotner, Hugh Shipley, Robert Shipley, Sr., and Robert Shipley, Jr., were indicted for the murder of William McKee. Cotner was found guilty and sentenced to be hung. The following is a record of the case:

" Be it remembered that at a special term of the White County Circuit Court, held in Carmi on Monday, the thirtieth day of August, in the year of our Lord one thousand eight hundred and twenty-four, in pursuance of an act of the General Assembly of the State of Illinois, entitled 'An act regulating and defining the duties of the justices of the Supreme Court,' approved March the twenty-first, in the year of our Lord 1819, before the Honorable William Wilson, one of the justices of the Supreme Court of the State of Illinois, and Presiding Judge of the Second Judicial Cir¬ cuit; EzraBastick, Foreman; John M. Stokes, John Chism, Robert Davis, William Hurst, Christopher Nations, Joel Herrold, Thomas R. Ezell, Thomas Brocket, Richard Harris, William Willis, Isaac Mason, Eli Stewart, John Hesty, James Jagers Josiah McKnight, William Rearden, John Barbre, and Richard Tower, good and law¬ ful men of the county aforesaid, then and there impaneled, sworn and charged to inquire for the body of the county of White, retired to consult of presentments, etc.

a little above the right eye of him, the said William McKee, then and there, feloniously, willfully, and of his malice aforethought, dids trike, penetrate and wound, giving to the said William Mc¬ Kee, then and there, with the leaden bullet aforesaid, so as aforesaid shot, discharged and sent forth out of the rifle gun aforesaid, by the said Frederick Cotner, in and upon the said right side of the forehead of him, the said William McKee, a little above the right eye of him, the said William McKee, one mortal wound of the depth of four inches, and of the breadth of one inch, of which said mortal wound, he, the said William Mc¬ Kee, from the said fifth day of August, in the year aforesaid, until the seventh day of the same month of August, in the same year, in the township aforesaid, in the county aforesaid, did languish, and languishing did live, on which seventh day of August, in the year aforesaid, the said William McKee, in the township aforesaid, in the county aforesaid, of the mortal wound aforesaid, died; and that the aforesaid Hugh Shipley, Robert Shipley, Sr., and Robert Shipley, Jr., then and there feloniously, willfully, and of their malice aforethought, were present, aiding, helping, and abetting and comforting, assisting and maintaining the said Frederick Cot¬ ter, the felony and murder aforesaid, in manner and form afore¬ said, to do and commit; and 60 the jurors aforesaid, upon their oaths aforesaid, do 6ay that the said Frederick Cotner, Hugh Shipley, Robert Shipley, Sr., and Robert Shipley Jr., then and there in manner and form aforesaid, feloniously, willfully, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Illinois.

"John M. Robinson, Circuit Attorney "And afterward, to-wit, on Thursday, the second day of Septem¬ ber, in the year of our Lord one thousand eight hundred aud twenty-four, before the Honorable William Wilson, Judge aforesaid, here cometh Frederick Cotner, under the custody of the sheriff of the county aforesaid, in whose custody in the jail of the county aforesaid, for the cause aforesaid, he had been before committed, being brought to the bar here in his proper person by the said sheriff, to whom he is also here committed. And forthwith being demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he saith that he is not guilty thereof, and thereof for good and evil he puts himself upon the country, and John M. Robinson, Esq.,

Circuit Attorney, who prosecutes for the people of the State ot Illinois, doth the like; therefore let a jury thereupon here imme¬ diately come, of free and lawful men of the neighborhood, by whom the truth of the matter may be the better known. And the jurors of the said jury, by the sheriff for this purpose impaneled and returned, to-wit: Phillip Patton, Henry McMnrtery, Jehiel H. Reoner, Abner Flanders, Elisha Smith, Seth Hargrave, James Mays, John Stum, Hugh Wasson, William Knight, Isaac Veach and John Rankin, who, being elected, tried and sworn to speak the truth of and conoerning the premises, upon their oaths, say that the said Frederick Cotner is guilty, James Mays, Foreman, and thereupon the prisoner was remanded to jail.

4 And afterward, to-wit, on Thursday, the third day of September, in the year of our Lord one thousand eight hundred and twentyfour, before the Honorable William Wilson, Judge, aforesaid, it is ordered that the sheriff forthwith have the prisoner, Frederick Cotner, here before the court, whereupon the aforesaid Frederick Cotner was brought here into court. And it was demanded of him, the 6aid Frederick Cotner, if he hath or knoweth anything to say wherefore the court here ought not, upon the premises and verdict aforesaid, proceed to judgment and execution against him, who nothing further saith, unless as he before hath said, whereupon all and singular the premises being seen, and by the court here fully understood, it is considered by the court here that the said Frederick Cotner be taken from hence to the jail of the county, and Lom thence to some convenient place, within one mile of the town of Carrai, in this county, and there, on the twenty-first day of the present month (September), and between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon, that he suffer death by being hanged by the neck until he be dead, and that the sheriff execute this sentence."

Cotner was tried and sentenced in the north room of the old log portion of the residence now occupied by Robert Stewart. He was taken to the chosen place of public execution on the hill northwest of the court-house about forty or fifty rods, escorted upon the scaf¬ fold, and the rope placed about his neck, when, lol there came hither a messenger from the Governor, bearing a reprieve! On this slender contingency of the messenger's safe arrival before the fatal trap was sprung did the life of the poor prisoner hang. The Governor was satisfied that some of the witnesses bore false testi¬ mony, which should have been rejected by the court. Cotner

Meridith And Martin, 1831

Some time in August, 1831, one Saturday night about 12 o'clock, the cry of murder rang out upon the midnight air. It was clearly the voice of a woman. As the night was very dark no investiga¬ tion was made till morning. It was ascertained that in a drunken family quarrel the night before, William Eubanks had been slain by the hands of Charles Kershaw, and William Meridith and Jack Martin were accessories to the homicide. It was the murdered man's wife that aroused the neighborhood. Meridith and Martin were captured that night, but Kershaw made his escape and fi¬ nally died in Texas. Meridith and Martin were tried in their pre¬ liminary examination before David Thompson, then a Justice of the Peace in Edwards County, and committed to jail at Albion by thatjgood citizen, Major James Stephenson acting as Constable by special appointment. At a final trial William Meridith was sent to the penitentiary for five years, and Jack Martin for two years; but they were pardoned out by the Governor in less than twelve months. Meridith went to Texas and Martin to Arkansas, and each have long since crossed beyond the river.

William B. Ledbetter, 1834

In April, 1834, William B. Ledbetter was indicted for murder, on change of venue from Gallatin County. As it is the only case of hanging in this county a full account is here given.

After the adjournment of court, the condemned man was guarded int he ourt-house by armed men, the county having no jail. Col¬ onel Hosea Pearce, the Sheriff of the county, selected the place of execution at a point some 400 yards northeast from the present fair grounds, and had a scaffold erected in the woods, some sixty yards from the present State roads, leading southwest in a line with the main street of the city of Carmi. On the 30th of April, 1834, an immense crowd of people assembled in Carmi to witness the exe¬ cution. At the appointed time, the armed militia formed at the court-house, when the condemned man was brought out and seated in a wagon, the militia formed a hollow square around the wagon. The cortege moved in solemn step to the music, to wit: the muf¬ fled drum and the shrill note of the fife playing the dead march.

On arriving at the place of execution the militia held their position - a hollo w square around the scaffold. The condemned man walked up to the platform with unfaltering 6tep and took his seat. The Rev. Charles Slocumb delivered an appropriate prayer, and pro¬ ceeded to preach a powerful sermon to the vast concourse present. While he was preaching, a gun in the hands of Win. Dosher, one of the guard, was accidentally discharged, but without injury to any one, the ball taking effect in one of the posts of the scaffold. At the conclusion of the address, the hour had arrived when the immortal soul of Wm. B. Ledbetter should depart from earth and appear before that tribunal from whose judgment there is no appeal. His arms were pinioned, the black cap drawn over liis face, and his position taken on the fatal trap.

The sheriff failed to sever the cord that held the trap until he made the the third blow, when down shot the body through the drop. He died without much struggling, and in about twenty-four minutes the body was lowered and placed in a plain coffin, and by Colonel Pearce delivered to the wife of the deceased. She, with her little son, was there with a wagon drawn by a yoke of small oxen, awaiting the sad result that would make her a widow and her children orphans. After the coffin was put into the wagon, she and her little son started for their home in Gallatin County, some six miles from Elizabethtown, now Hardin County, and near the Cave in Rock. That night they camped out by the roadside, near New Haven, as no person would let them stay in their house all night.

The charge against William B. Ledbetter was for killinghis brother on Christmas day at his father's house. He and his father had some dispute, and William was ordered from the premises. When in the act of leaving his brother took up the quarrel of his father, and the result was that he stabbed his brother with a knife, with fatal effect.

James Stanley, 1845

Some time in the fall of 1845, while Daniel Charles and wife were absent from home, his house was burnt with all its contents; not only were the house and contents lost, but quite a sum of money was added to the loss. It was a crushing misfortune to the family; they lost all the savings of thirty years' hard toil upon the farm. All they had left, except a spotless reputation, was the land with a crop growing thereon. The sequel of the conflagration proved to be a case of the most damnable arson. A young nephew of old man Charles, by the name of James Stanley, whose father lived on and owned an adjoining farm, left home and became a stage driver on the line from Grayville to Mt. Carmel. A few weeks after the fire, in making up his outfit for the approaching winter, he made some purchases at the store of S. H. Martin, in Grayville, giving in payment for the goods a Peruvian dollar, which Martin kept as a pocket-piece of rare coin. One day, while exhibiting this dollar in the presence of his friends, Daniel Charles among the number, Charles sought Martin privately to learn from whom he secured that piece of money. The answer was, "James Stanley. " From this circumstance, Charles followed Stanley tc Mt. Carmel, where he was boarding, and in his trunk found all the money that he supposed lost in his burned house, less some $30. Stanley was arrested on the arrival of the stage from Grayyille, was tried for arson, committed to the jail at Carmi, and, on change of venue to Wabash County, was convicted and sentenced to the penitentiary for a term of three years. Owing to family influence he was pardoned out, and after his discharge, became a hardened wretch and desperado. He went South during the war, and became a guerrilla of the most desperate character.

Henry Voltz, 1852

In the fall of 1852, an Irishman, name unknown, was killed one half mile south of Roland by a German named Henry Yoltz. The circumstances, as related by ex-Sheriff Daniel P. Eubanks, ot Indian Creek Township, and who resides about one and a half miles west of the scene of the murder, are as follows:

The German, Henry Yoltz, was a chicken-buyer by trade. He would make five or six trips a year, buying chickens through the country, north of Shawneetown, and taking them to New Orleans, where he would sell them to produce merchants. It is said that he often brought some one along with him on his trips, but he al¬ ways returned alone to New Orleans. The Irishman above refer¬ red to was a teamster in New Orleans, who had sold his team, had about $200 in money, and desired to buy other horses. The Ger¬ man urged him to go with him to Southern Illinois and Indiana, promising to show him where he could buy fine horses at a low price.

they embarked. They landed at Shawneetown, and proceeded northward into the southern part of White County, this being be¬ fore the days of railroads, and there being no stages, and but few horses, or other modes of conveyance. They were last seen in Gallatin County, near Alex. Swan's place, near what is now Oak Grove Church. In this county they were noticed together at the Mitchell school-house, adjacent to the residence of Asa Mitchell, who is still living in Indian Creek Township. It was raining at this time. Half an hour later the German was observed running back alone, very much frightened, and inquiring the way to Dr. James Pearce's. It seems he had lost his way in the rain. It was no¬ ticed at this time that he had on the Irishman's coat, a fact which attracted considerable attention from the fact that Yoltz was a large, thick-set man, while the coat was made to fit the Irishman, a very small, thin man. Yoltz was also carrying a hatchet and a carpet-sack.

He made his way to the store of Moses Pearce, about three quarters of a mile from the scene of the murder, and deposited $30. which was to be used in buying chickens. At Pearce's, however, he had no coat on, and it was afterward found, hid in a hollow tree, where he had secreted it. Yoltz bought up the number of chickens he wanted and returned to Shawneetown. Here he in¬ quired for the Irishman, and seemed angry he had not returned. He was seen to throw a portion of the contents of his valise into the river. He then returned to New Orleans, changing boats at Cairo.

Several days afterward, Rev. John Porter, while hunting for a hog in the timber owned by Daniel McCarthy, smelt something offensive, and upon investigation discovered the body of the Irish¬ man, half covered in the mud, and much decomposed. A coroner's jury was impaneled the next morning, the neighborshaving in the meanwhile made all inquiries which could throw any light on the case. As a result William S. Eubanks, F. G. Harvey and Alex¬ ander Trousdale proceeded in search of the German. At Cairo they telegraphed to New Orleans that Yoltz would be on a certain boat; but they had been misinformed as to the boat, and as a result Yoltz escaped the vigilance of the police, and landed in safety, He was finally decoyed into the outskirts of New Orleans, and captured by a policeman named Roach. He was brought to Carmi, examined, and committed to jail.

Wayne County for trial. He was promptly tried before Judge Samuel Marshall, and though ably defended, was convicted and hung in that county. The whole case was an exciting one, and the citizens of the southern part of the county took an active inter¬ est in having justice meted out to the German, who had a most villainous character, according to the testimony developed at the trial. A reward of $350 was paid to the captors of Voltz. The affair is well remembered by scores of old settlers.

Willis Ker8Haw, 1863

About eight o'clock on the morning of Dec. 4, 1863, as Mies Hattie Hallam, a school-teacher and daughter of the late William Hallam, was on her way from her father's house to her school about four miles west of Grayville, this county, she was assailed and brutally murdered. Her body was found late in the afternoon, in a thick undergrowth. Her head was found to have been crushed in by some blunt instrument or bludgeon, but other¬ wise her person was not violated. Her wdtch was missing, but her apparel was unmolested. Malice of the deepest kind must have prompted the awful deed. A coroner's inquest was impaneled, which lasted several days; and during the investigation Joseph Spencer and Willis Kershaw were arrested on suspicion, and brought to trial before the late George Graham, a Justice of the Peace. The State was represented by Colonel John E. Whiting and O. S. Canby, and the defense - Kershaw, by Hon. Chauncey S. Conger, and Spencer, by Hon. S. H. Martin. The preliminary examination lasted ten days, resulting in the discharge of Spencer, and the committal of Kershaw to jail to await trial in the Circuit Court. The latter, however, was admitted to bail of $10,000, under a writ of habeas corpus issued by Judge S. S. Marshall. Bail was obtained, and Kershaw's father, a wealthy farmer, was one of the sureties. But on the very day the accused was to make his appearance to answer to an indictment for murder, he died, probably from poison, at his farm, near the scene of the horrible tragedy in which [he doubtless was engaged, and thus ended the earthly career of this most miserable wretch.

stances, living near the southern line of White County, about three miles west of the town of New Haven, in Gallatin County. His family consisted of himself and wife, his daughters Barbary, aged seventeen, and Louisa, aged fifteen; Sarah, aged thirteen, and Phoebe, aged eleven; a boy named Edward Pratt, aged about six¬ teen years, who was working for him at the time, and a boy named Albert Raglin, about eight years of age, who was sick. About an hour before sundown, on the day above mentioned (it was Satur¬ day), a man riding a small black pony came to the house of Stew¬ art, pretended to be a traveler, and desired to stay all night. Mr. Stewart, with his accustomed hospitality, put up the stranger's horse, and welcomed him to his house. The family ate supper about seven o'clock, after which they gathered around the fire in the sitting-room, which was the south room of the house. While thus sitting, a little before eight o'clock, the stranger went out of the house, was absent ten or fifteen minutes, returned, and taking a book, sat down and appeared to be engaged in reading. In a few moments the family heard the sound of persons running from the front gate into the porch, and instantly the door of the room was thrown open, and two men (one larger than the other), with faces blackened, coats turned wrong side out, each presenting a revolver, rushed in. ^outing in a loud voice, "Surrender ! " Stewart, who was sitting i., ront of the fire near the middle of the room, was startled at the strange appearance. He turned his face toward the intruders, raised himself to his feet, an d stood facing the assassins The two disguised men rushed toward him, and the larger man, who was a little in advance of the other, placing his pistol against the breast of Stewart, fired. His clothes took fire, and the murdered man fell, with his feet toward the fire-place, and his head in the door leading from thesontlj room into the hall, from which point, amid the agonizing screams of his wife and children, he crawled through the hall out to the back porch, where he lay until carried in by the family after the murderers left. At this instant the smaller assassin turned upon the screaming family and the traveler who came to stay all night and who pretended to be greatly fright¬ ened, and with his pistol presented, huddled them in one corner of the room, threatening to kill any of them who should make any outcry, or interfere with the robbery they came to accomplish.

The large man then demanded of Mrs. Stewart the money that was in the house, saying he knew there was money, and for that they had come, and if she did not at once give up the last cent there was in the house he would serve all the family as he had served him (pointing to Stewart), at the same time taking some fire from the fire-place, he attempted to throw it on the body, but was prevented by one of the daughters. Mrs. Stewart replied that they had no money. One of the daughters told their mother that there was some money in the house; the mother 6aid she would speak to her husband about it, which she did, going out to the porch guarded by the larger man. Her husband was dying from the effects of the wound, and also suffering from his burning clothes. He told her to give up the money. She returned, and with the large man, whose pistol was constantly presented at her head, went into the north room and got the money, some $430, and gave it up. Mrs. Stewart said to the robbers, " You are not negroes, but white men blackened. " The large man replied, " We then took a black coat of Stewart's, three or four pairs of socks and a bed-blanket. The traveler went into a small room in the end of the porch and got Stewart's double-barreled shot-gun, when they all three left the house. A few moments afterward the traveler came back to the door, and apparently in great alarm exclaimed: "Are they gone? My God, we'll all be murdered before morning!" and then disappeared. In a moment or two the family heard a great commotion at the barn; their horses and mules were running around the barn-yard as though greatly frightened. All of the stock had been put up in the stable before dark.

While the men were in the house Stewart called to liis family to come and put out the fire in his clothing, which was burning his flesh. Some of the children pleaded for permission to go to their dying father, but the blackened demons sternly refused, threatening to shoot the first one who should attempt to leave the room. At length the children asked if the traveler (whom at this time they did not suspect) might not go to their father. Consent being ob¬ tained, he went out and extinguished the burning clothes of Stewart.

Edward Pratt immediately ran to the neighbors and gave the alarm. In a few moments Yiol Saulsberry and Jonathan B. Dagley came to the house, and Stewart, who had been brought by his family into the south room and laid upon the floor where he was shot, died in about five minutes after they came. As Saulsberry was approaching the house he heard the noise of horses rapidly running about one-half mile to the west of the county road, and

The next morning (Sunday, March 20), as soon as it was light, the neighbors, who had gathered at Stewart's during the night, be¬ gan to examine the premises to see what traces of the ruffians could be found. They found where the lock on the barn door had been* broken, and a saddle of Stewart's of a peculiar make had been taken out of the barn and carried away, while the one that had been brought to Stewart's house the night before on the black pony re¬ mained. This pony had been led out of the stable, across the barn-yard, and out of the gate, making distinct tracks which, from his size and appearance, were plainly distinguishable from any of Stewart's animals. These were carefully measured by Saulsberry and Dagley. The pony was traced across the road into a piece of open wood lying west of Stewart's house. Some sixty yards west of the gate they found signs of two other horses having been hitched, one to an old wagon and the other to a sappling; these three tracks then led off together in a southwesterly direction through the wood about a fourth of a mile, when they entered the county road and turned eastward. They were easily tracked to El Dorado, in Saline County, some twenty-five miles west of Stewart's, when those in pursuit lost all trace of them at the time.

On the afternoon of the murder, about an hour before sun-down, Viol Spaulding met these men on the county road, about one and a half miles west of Stewart's. There were one large man and two small men walking eastward and leading their horses. One of them had on a soldier's blue overcoat; one of the horses was a small black pony; the other two were sorrel or bay mares. Just as he passed them he heard one of the men say, " I know that man." A little farther west and a few moments before, Elbert M. Smith met three men and horses answering the description given by Saulsberry.

With this clue, those in pursuit of the murderers followed west¬ ward, and found that the same three men had taken dinner and fed their horses at the house of Mrs. Minerva Randolph, who lived six miles west of Stewart's, about 1 o'clock on Saturday; that the same party had called for dinner about noon of the same day at Moses Kinsall's, who lived about a mile south of Mrs. Randolph's, and been refused. The pursuing party then went to the house of Bur¬ rell Bramlett, who lived southwest of El Dorado, in Saline County, and learned that this same party had staid there on Friday uight, March 18, and obtained a better and fuller description of the men and horses. Shortly after this they proceeded to Blairsville, Williamson Comity, the home at that time of the defendant and the two Glides (suspicion had fallen upon these three). At Blairsville they found in the lot of George W. Aikin, father of the defendant, a small black pony, whose feet were measured and found to corre¬ spond exactly with the tracks found at Stewart's. The pony was also positively identified by Bramlett as the one which had been at his house on the night preceding the murder. Bramlett also found in the stable of Mr. Aikin the sorrel mare with the peculiar white feet, and identified her as being the one at his house on Fri¬ day night. The two Glides were tracked to their father's house in Blairs ville; but while the pursuers were gone to a magistrate for a writ, they escaped and were never heard of afterward.

A week or two after this, George W. Aikin and the father and mother of the Glides were arrested for assisting in the escape ot the murderers, and brought o White County; the black pony was also brought along by its owner, Willis Mulkey, a young man who was at that time living with Mr. Aikin. The pony's feet were again measured by those who had measured the tracks, and posi¬ tively identified by those that had seen it at Stewart's; and young Mulkey at this time picked out of some forty or fifty others the saddle that was upon his pony when it left Blairs ville the Thurs¬ day before the murder.

A reward having been offered for the murderer of Stewart, the prisoner, John Aikin, after remaining concealed a week or two near his home in Blairsville, was arrested near De Soto, and per¬ sons from White County went there and received him. They arrived at the house of the Stewarts on Wednesday evening, April 13, 1864, nearly a month after the crime was perpetrated. At this time the prisoner was seen by Mr. Bramlett, Moses Kinsall, Mrs. Randolph, Saulsbury and Smith, and recognized as one ot the men that staid all night on Friday at Bramlett's; that called for dinner at Moses Kinsall's, six miles west of Stewart's, on the day of the murder; that took dinner at Mrs. Randolph's; that was met by E. M. Smith, and soon after by Yiol Saulsberry; and in general appearance, size and build, corresponded with the large man of the three, in the opinion of the persons in the house when the murder was committed.

Aikin, in conversation with various parties while at Stewart's, detailed with great particularity the events that happened in the house the night of the murder, giving the conversation of Mrs.

History Op White Counti

Stewart and himself about looking for the money, and other things, all of which was known to those present on the night in question to be true, even to minute circumstances and incidental remarks.

On Friday, after Aikin was brought back on Wednesday, while standing out in the road with his guards, he was asked by one of the by-standers, " You were blacked when here before, were you not?" Aikin replied, "Yes," and said he could show them the place, and pointing down into the woods said, " It was right down there by that big log." One of the men who heard him went to the place indicated, and just beyond the log, in the edge of a paw¬ paw thicket, found the remains of a fire, of which no one had heard up to this time.

Willis Mulkey, the owner of the black pony, was at this time boarding at the house of George W. Aikin, attending school. On Wednesday, March 16, the latter told Mulkey that the boys were going to Franklin County to buy cattle, and asked if they could have his pony to ride. Mulkey replied that if Hal Glide (the smaller of the three) would ride it, they could. The next morn¬ ing Mulkey saw the horses saddled, and the three men around the premises of Mr. Aikin preparing to leave, and went himself and examined the saddle upon his pony to see if it would hurt him; then left for school. On Sunday evening, March 20, about an hour before sundown, Mulkey, who was out in the barn-yard, saw Charlie Glide come riding around through the field to the. barn lot, making his horse jump the bars into the lot He had a doublebarreled shot gun in his hands, and his horse seemed nearly ex¬ hausted with hard riding. Mulkey asked where the other boys were, and Glide replied that the pony had given out; they were back some distance, but would be in shortly. Between sundown and dark Mulkey saw the prisoner and Hal Glide coming into town from the east. The horses seemed fagged out, and Mulkey went to his own pony, took off the saddle and tlirew it over into the yard of Geo. W. Aikin, after which he never saw it again.

Timothy Clark, aged about sixteen, was living with Geo. W. Aikin, taking care of his stock. His story in regard to the two Glides and John Aikin going away with the horses, ostensibly to buy cattle, corroborated the statement of Mulkey. On the Mon¬ day following Clark saw John Aikin with a roll of money in his hand, and said to him, "John, how is it that you always have money and work so little? there must have been a fire somewhere." John laughed and said he had been to a fire. Some others in Blairsville saw the same men during their expedition.

The next day after John Aikin was brought to the house of the Stewarts, he held a conversation with Viol Spaulding, in which he confessed to being a participant in the deadly affray, but stoutly denied being the one that fired the shot at Stewart; told Spaulding about meeting him the night of the murder, and admitted that he was the man that remarked to his companion, "I know that man."

The witnesses having arrived about noon, the prisoner was taken to the barn before two magistrates for trial. The charge was stated to him, and he was asked by the justice if he was ready for trial. He answered that he was, but he would like to talk some if he could have the privilege. The court granted his request, and he made a public confession of the whole matter, but did not admit that he did the shooting; after which, that same evening, he was taken to New Haven, where Thomas S. Ilick took down his confession at length, including not only the murder of Stewart, but many other robberies and crimes that no one in that vicinity had ever heard of

At the August term, 1864, of the White County Circuit Court, the prisoner, together with the two Glides, was indicted, but the same fall the prisoner broke out of jail and made his escape, and from that time until the summer of 1877 he could not be found.

Thirteen long years had passed away, the wife of the murdered man had gone to her grave, the children scattered, and the awful crime had almost faded from the memory of the public mind amid the ever-changing scenes and usy strife of the world. There were those, however, among the neighbors and friends of Augustus Stewart, who saw this weltering corpse as it lay upon his own hearthstone, who could neither forget nor forgive the murder of their friend, but believed that in God's own good time justice would be done. It is due to the exertions of these men, and the vigilance and courage of Thomas I. Porter, Sheriff1 of this county, that John Aikin was recaptured.

In June, 1877, Sheriff Porter, having satisfied himself that the defendant was in the southern part of Colorado, procured a requisi¬ tion upon the Governor of that State, and, entirely alone, started upon his desperate mission ot meeting and bringing out of the wilds of the Rocky Mountains a man known to be a desperado, and supposed to be surrounded by men of the same character. He reached Den¬ ver June 28, and procuring the necessary papers from the authorities of Colorado, started for Cannon City, the county seat of Fremont County, where he arrived the next day. At this place he learned from the sheriff of the county that Aiken lived about twenty-five miles southeast, in a place called Babcock's Hole, up .among the Rocky Mountains; and to effect his capture the greatest caution and vigilance would be required, as he was considered a dangerous man, and should he have warning of his attempted capture he could not bo taken without a desperate struggle. Porter thought it better, therefore, to make the attempt at night. Taking with him two men furnished by the sheriff, he left Cannon City about three o'clock in the afternoon in a spring wagon, and reached Greenwood (a country store and postoffice three miles from Aikin's residence) about dark, when they put up their team and ate sup¬ per. Here they learned that Aikin was at home, but that it would be exceedingly difficult for persons unacquainted with the trail up the mountains to reach his ranch. Taking Morgan, the keeper of the store, as a guide, they started on foot up the Cannon about ten o'clock at night. When within a mile of Aikin's house, the guide refused to go farther, and the party were compelled to rely upon themselves. Learning that Aikin had a large family, Porter dec ded that it would be better, if possible, to get him away from his house before making the arrest, thereby avoiding the risk of hurt¬ ing other members of the family.

It was therefore agreed that they should represent them elves as a party from Chicago who, in looking around the country, had become lost, and desired to be piloted out to Greenwood. Going up close to the house, which was a low double-log cabin, Porter called until Aikin came to the door and inquired what was wanting. Por¬ ter told the story that had been agreed upon, and proposed paying him $5 if he would go with them to Greenwood. To this he agreed. He dressed himself, came to the door, and looking at the men outside for a moment, went back into the house (to arm himself the party supposed), came out, and walking beside Porter with the two men in the rear, started down the mountain path, guided by the uncer¬ tain light of the moon, which was just breaking over the huge mountains and down into the dark valley. The defendant strode bravely on, little thinking that the iron grasp of the law was quietly but surely closing around him from which he should nevermore escape. Long had he evaded the punishment due to his crime. Many times since his escape from prison had he doubled on his track, until amid the solitudes of these great mountains he un¬ doubtedly felt secure. But a moment more and the delusion of safety which he had so long hugged to his bosom would vanish.

When the party had gone about a mile from the house and reached an open glade where the moonlight shone full upon them, according to prearranged programme, one of the assistants walking behind suddenly, in a deep, stern voice, cried u Halt! " The pris¬ oner turned to see what it meant, and at the same instant Porter, presenting his gun to his head, ordered him to throw up his hands, which he did, and the shackles were put upon him and he was in¬ formed that he was arrested for murder. As he stood there so near his mountain home, yet so powerless, chained, and guarded by a power irresistible, with the sudden announcement that his crime had at last overtaken him, no wonder that he trembled. As his troubled conscience brought before his eyes the form of his murdered victim, and from whose accusing spirit he had been flee¬ ing so many years, he could exclaim with Eliphaz the Semanite:

After sending one of the men back to inform Aikin's family of his arrest and procure a change of clothing for him, the party pro¬ ceeded to Greenwood, and leaving there the same night arrived at Cannon City about six o'clock Sunday morning, July 1, where Aikin was put in jail until Monday morning, when Sheriff Porter started with him for Illinois. Without any assistance, chained to his prisoner, sitting by his side during the day, and sleeping at night with the same shackles around his own arm that fastened the defendant to him, this brave officer safely brought his prisoner a distance of 1,500 miles and placed him in the Carmi jail, from which lie had escaped so many years before. The prisoner at all times denied his identity, refusing to recognize men with whom he had been acquainted for years, and while admitting that his name was John Aikin, denied that he was the man that had for¬ merly been arrested for the murder of Stewart, until several weeks after he had been placed in jail his sister-in-law visited him, and seeing that it was impossible longer to deny it, admitted his iden¬ tity. At the November term, 1877, of the White County Circuit Court, the prisoner obtained a change of venue to Gallatin County, was tried in the court of that county the December folio wing, found guilty and adjudged to suffer the penalty of death. The court, learning that the jury decided the case by lot, set aside their ver¬ dict and ordered a new trial. The case was accordingly thoroughly investigated at the next term of court, and the accused was sen¬ tenced to imprisonment for life, and he is now at Joliet, Ill., toil¬ ing his weary hours away.

Lewis Thomas La Heave, 1870

Thomas La Neave, a resident of Fox River (now Phillips) Town¬ ship, in August, 1870, at Stum's race track in that township, had a horse race in competition with another man, who came out ahead and afterward threatened that he could whip LaNeave; whereupon the latter walked off a little way, got a revolver and shot the man, killing him. He was convicted in court of murder and sentenced to State's prison; but after about two years' confinement there he was pardoned, and is said to be now living in Kentucky on a farm.

John Hooser, 1871

In February, 1871, as Pat Sullivan was on his way to his lodg¬ ings after night from Fackney's cooper shop, in the northwestern part of Carmi, he became engaged in an altercation with John Hooser and Boss Smith, which culminated in a fight between Sullivan and Hooser. The latter cut Sullivan several times with a knife, piercing the heart and killing him. Hooser immediately disappeared. Hon. Samuel H. Martin, County Judge, and Hail Storms, Sheriff, offered a reward of $300 for his arrest. Some three or four days afterward John S. Smith surrendered the body of Hooser to the Judge and received the reward. The prisoner was held to answer to the charge of manslaughter in the penal sum of $3,000, which bail was secured and Hooser released from prison. At the approaching term of court a bill of indictment was found against him for manslaughter. The case remained in court for some time, but before the final trial was had the accused died.

Jefferson Brown, 1879

July 28, 1879, Howell Grant, a colored man, aged about sixty years, who lived on Clear Lake, in Emma Township, was shot and killed by Jefferson Brown, a white man who also lived in that neighborhood. Some time the previous year Brown and his wife went to live with Grant. As Grant was a single man, Mrs. Brown kept house for him. Trouble soon began on account of Brown bringing others to the house for Grant to support. The latter soon put a stop to it and Brown and his wife left. This created unfriendly feeling between the parties, and Brown repeatedly made threats. He claimed that his anger was caused by Grant circulat¬ ing false reports about his wife. Brown went into the field with a shot gun, when Grant was stacking wheat, and commenced quarrel¬ ing with the old man. They parleyed awhile and Grant told him to clear out, and went on with his work. Turning around soon after, he found the muzzle of the gun pointed at him, and in a moment the trigger was pulled and the whole load of eighteen squirrel shot lodged in his left side. He ran about fifty yards and dropped, expiring in about fifteen minutes afterward.

All reports agree that Grant was an honest, industrious, peace¬ able man - a preacher - raised by an uncle of General Grant, whose name he took. Brown was lodged in jail the same even¬ ing. He was tried, found guilty of murder, and sentenced to twenty-five years' imprisonment in the State penitentiary.

Robert Buttery, 1880

Jan. 25, 1880, the citizens of Herald's Prairie were startled by learning that David Buchanan had been killed by Robert Buttery. The difficulty occurred on the road, about seven miles southwest of Carmi. The parties were brothers-in-law; there had long been a grudge between them, and their friends had all along looked for trouble when they should meet. Buchanan was the larger party of the two, and had been very free with his threats about how he would kill Buttery on first sight, and that Buttery was rather afraid of him. There were two eye-witnesses to the affair, but only one, a young boy, gave in his testimony, the other being a brother of Buttery's. The boy's testimony was to the effect that the parties were riding along the road at the time of the meeting, and that Buchanan undertook to override Buttery, while the latter had continually kept backing to keep out of trouble; that Buchanan was very abusive, and made several threats, at the same time fre¬ quently reaching into his pockets, as though to draw a weapon of some kind; that Buttery had only fired the first time to scare Bu¬ chanan and keep him from following him, and had only fired the fatal shot after Buchanan was closing in on him, and threatening his life. On the other hand, it was shown that Buchanan could not have been advancing on Buttery at the time the fatal shot was fired, as the shot took effect in the side toward the back, and came

Jan. 26, 1880, the citizens of Carmi were horrified by the report that the City Marshal, William F. Miller, had had his abdomen cut open by a drunken Irishman, and his life was fast ebbing away. The news spread like wildfire, and in a short space of time a great crowd congregated on Main street to try and learn the particulars, which were as follows: During the afternoon "Billy" had arrested an Irishman named James O'Connor, for drunkenness and disturbing the peace of a family, and locked him up in the cala¬ boose. About six o'clock " Billy " went down in company with John Boyer to let the man out, thinking lie had sobered off and would be quiet. As he opened the door the man stepped out and with an oath told Billy he intended to kill him, at the same time stabbing him in the abdomen with a sharp knife. After the cutting there was considerable scuffling, the marshal endeavoring to put him back in the cell, but O'Connor succeeded in getting loose, and ran off, followed by Billy up Main street, when Billy knocked him down, and then turning to a party standing by, ordered him to take the man, at the same time saying, " I am cut. " The marshal then proceeded to Dr. Stewart's drug store, where an examination of the wound was made, and it was found that the cut was about an inch long, quite deep, and that the entrails were pro¬ truding. Dr. Stewart replaced the entrails, and, with the assist¬ ance of other physicians, sewed up the opening, and the wounded man was conveyed to his home. While the doctors were attending to the marshal, O'Connor was under guard outside, and as soon as the people realized that an attempt had been made at murder, talk of lynching was freely indulged in, and had not Sheriff Eu¬ banks appeared upon the scene just at the time he did, and taken O'Connor off to jail, their threats would undoubtedly have been carried into execution.

Marshal Miller died on the 4th day of February, at 3:20 a. m. His funeral occurred on Thursday at 2 p. m., and was more largely attended than any funeral ever held in Carmi. The procession reached almost from his house to the grave, and was headed by members of the Knights of Pythias' Lodge, dressed in beautiful uniform of their order, followed by the members of the Masonic lodge, City Conncil, and relatives and friends of the deceased. Arriving at the grave the Knights opened ranks and faced inward, with swords at a present, and allowed the coffin, relatives and Masons to pass through, after which the Knights reversed ranks and formed around the grave back of the Masons. The Masonic funeral service was then performed, after which the Knights step¬ ped to the front and went through their funeral services, then each Knight in turn helped to fill up the grave.

O'Connor was a shoemaker, aged about fifty-five, and was work¬ ing in the city. He was tried, found guilty of murder, and sen¬ tenced to imprisonment and hard labor for life.

Newton Faulkner, 1880

June 28, 1880, Newton Faulkner murdered William A. Stum. The trouble grew out of a report circulated by some malicious or mischievous person as to remarks said to have been made by Stum, at which Faulkner took offense, and went to have Stum take it back. Stum denied the reports. One word brought on another, and at last Faulkner drew a revolver and fired, the ball striking Stum in the breast. At this Stum cried out, " O, I'm shot," but Faulkner continued firing, the second shot missing his victim, and the third entering the back part of the head. Stum lived but a few moments. Squire Wesley McCallister arrested Faulkner, and after holding the inquest brought him to town and committed him to jail without bail. Stum was a very industrious, hard-working man, having cleared a large amount of land for Colonel Crebs, near the Little Chain. He had served seven years in the penitentiary, for killing an old man named Paschal, near this city; but since his return home, about two years ago, had established a good reputa¬ tion by industrious habits and attending strictly to his own business.

Alexander Travel8Tead, 1880

Aug. 9, 1880, the wife of Alexander Travelstead, living near the Drew pond, died under very suspicious circumstances! It was alleged by some of the neighbors that her death was caused by insufficient food, and inhuman treatment by her husband and father-in-law. The coroner's jury who sat upon the case made up a verdict in accordance with these statements, and the accused were arrested and tried before 'Squire Clifford, of Phillipstown. After a trial lasting thirty-six hours, they were discharged, the magistrate deeming the evidence insufficient to hold them for trial at the Cir¬ cuit Court. As many were not satisfied with the decision, Travelstead was again arrested and tried before Judge Martin, of Carmi. Travelstead was committed to jail without bail. The facts elicited were these:

For the State it was testified that suspicions having been aroused as to the cause of the death of the woman, a coroner's inquest was held by Justice Hilliard. They found her collar bone dislocated, a bruise on her hip and knee, two front teeth out, and marks about the throat as though made by some person. On the Friday before her death three neighbors were present and saw Travelstead take his wife from her sick bed, as he said, for the purpose of taking her into the yard to eat her dinner. She was very weak, and protested against being removed. While he was holding her up, passing through the yard, she staggered and was in the act of falling, when he struck her with his open hand. She fell to the ground. He left her lying there and she called for help to be returned to her bed, when Travelstead and his father and mother refused to assist her and told the neighbors not to touch her, as it was only the devil in her, and that she could get up and walk when no one was there. She was left in this defenseless condition when the neigh¬ bors went home. The day before her death her husband sent to Phillipstown and purchased burial clothing for his wife.

The defendant testified that he had never misused his wife but once, and that about four months before, when she was the aggressor. He said the bruise was caused by a fall, that her teeth were drawn by his father twelve months before, and that her collar bone was dislocated when she was a child. At the final trial Travelstead was found guilty of murder and sentenced to one year's hard labor in the penitentiary.

Eli Hu Russell, 1881

Nov. 30, 1881, the citizens of Phillipstown were startled by the shooting of Elihu Russell, a prominent farmer and stock-buyer, by Thomas H. Cook, Town Constable of Phillipstown. Russell re¬ ceived two shots from a revolver, from the effects of which he died in thirty or forty minutes. The following are the facts as elicited at the coroner's inquest: About 5:30 p. m. Mr. Russell went home from Carmi, where he had been on business. He went into the saloon of Bell <fc Rigall, the proprietors of which were both absent, when he had an altercation with the barkeeper, which was settled. He then had some words with Robert Whiting, and the latter left. He then struck Dan Heasty over the eye, then struck a boy, Win. Woodson, fifteen or sixteen years old, twice, then came across Tom Cook. They had some conversation and were standing close together, Russell with his right arm around Cook's neck and his arm across Cook's right shoulder, with a long knife in his left hand (Russell was left handed), and saying, " Tom Cook, it as to cut the heart out of any dog I ever saw." After repeating these remarks he apparently made a cut at Cook's throat, when Cook knocked off the blow and shot Russell twice, the first shot breaking the sixth rib, passing through the left lung and penetrat¬ ing the heart. Russell ran out of the saloon and down to the cor¬ ner of the old graveyard and sank to the ground. He was removed to the building on lot 5, where he soon expired. The verdict of the coroner's jury was: "Death from gun-shot wound inflicted by Thomas H. Cook, who acted in necessary self-defense." Russell left a wife and one child.

Briefer Mention

Thomas Watson , in September, 1860, was indicted for murder by the Wabash Court, took a change of venue to this county, was found guilty and sentenced to be hung; but his sentence was com¬ muted to imprisonment for life.

Martin Brasher)', in April, 1865, was indicted for killing his father, Adam Brasher, by stabbing him with a heavy knife. The crime was committed near Carmi. He was found guilty of man¬ slaughter and sentenced to seven years' imprisonment.

Benj . F. Williams was charged with murder at the September term, 1868, took a change of venue to Wayne County, where he was found guilty and sentenced for seven years. The case was ap¬ pealed to the Supreme Court, and while it was pending there the criminal broke jail and has never since been recaptured. He mur¬ dered Thomas Coontz at a primary election at Liberty.

John Bigall , at the April term of court, 1869, was indicted for shooting Isaac N. Colvin, at Qrayville, as the latter was entering the door of a saloon. It was the result of a drunken quarrel. The constable was afraid to arrest him, and S. H. Martin, J. P., took him in charge, keeping him in his store ten days, then bound him over to court. Rigall was convicted of manslaughter at the No¬ vember terra, and sentenced to serve seven years' imprisonment. He died in the Joliet prison about a year afterward.

William Stum, April, 1870, was indicted for the murder of Richard Paschal, an innocent man, near Carmi, by splitting his head open with a large knife. He was convicted of manslaughter and sentenced to twelve years in the State's prison. After he served out his time he was himself murdered.

Alfred and James Black were charged with the murder of James Sprewel at Grayviile, by the grand jury of November, 1871; he took a change of venue to Edwards County, whence he was sent to the State's prison.

From Dec. 1, 1874, to Sept. 25, 1882, there were 376 committals to the county jail, under the following accusations: Murder, 18; burglary, 52; arson, 6; larceny, 108; petty larceny, 6; assault and battery, 14; assault with intent to murder, 30; robbery, 8; swin¬ dling, 2; carrying concealed weapons, 27; malicious mischief and " meanness," 10; disorderly conduct, 6; threat to take life, 1; riot, 3; disturbing the peace and peace warrant, 13; contempt of court, 3; fighting, 2; beating a child to death, 1; "bad conduct," 2; ob¬ structing a railroad, 1; forgery, 14; passing counterfeit money or unlawful currency, 4; non-payment of fine, 9; embezzlement, 1; selling liquor without license, 8; giving whisky to a minor, 1; keeping a house of ill-fame, 4; adultery, 5; fornication, 2; rape, 3; assault with intent to commit rape, 5; bastardy, 4; incest, 1; bigamy, 2; gaming, 2; perjury, 1; capias, 2; assumpsit, 2; insanity, 5; ^iot reported, 14.