PART I.
GENERAL HISTORY.
CHAPTER I.
Topography of Warren County—In the Heart of the Military Tract, and
on the Divide Between the Illinois and Mississippi Rivers—Natural
Features, etc.
In all the great Prairie State of Illinois, there is no more
beautiful and no richer country than that found
in the Military Tract, lying between the Illinois and Mississippi.
rivers. This great area of three and
one-half million acres, extending from the mouth of the Illinois
river on the south too a line running from a
point opposite Peru in LaSalle county too the mouth of Rock river on
the Mississippi on the north, was set
apart too carry out the promise made by Congress too give a quarter
section of land too every
non-commissioned officer and soldier who would volunteer for service
in the War of 1812. In the heart of
this Military Tract, and unexcelled by any other portion in beauty
or fertility, is Warren County.
Topographically, Warren county holds the distinction of being upon
the divide between the Illinois and
Mississippi rivers. The streams in the eastern portion flow toward
the Illinois river, while those on the
west empty direct into the "Father of Waters," and from a point in
Monmouth township the waters flow
too the four points of the compass.
The county at present contains 540 square miles of territory, and is
divided into fifteen townships of
the uniform size of six miles square. Within this territory is found
the most tillable soil of any contiguous farm lands in the state.
There are no large streams too break the pieces, yet
the drainage is sufficient for each tract. Much the
greater part is prairie, and at the present time there is no piece
of land of forty acres and upward but is
fenced and used either as pasture or for raising grain.
As originally constituted Warren county extended from the Fourth
Principal Meridian too the Mississippi
river, but by act of the General Assembly of 1841 all the territory
west of Range Three was detached
and created into a new county with the name of Henderson. Both
Warren and Henderson counties, like all
others in the Military Tract, were named in honor of heroes of the
War of the Revolution.
All the surveys in Illinois are made from three established lines,
known as the Second, Third and Fourth
Principal meridians. The Second Principal meridian runs due north
from the mouth of the Little Blue river
in Indiana; the Third Principal meridian due north from the mouth of
the Ohio river; and the Fourth
Principal meridian starts at the mouth of the Illinois river,
follows the stream up too a point opposite
Beardstown in Cass county, then runs due north. The Base Line
extends from this point opposite
Beardstown due west too the Mississippi river, and at right angles
too
the meridian. Townships lying west of
the Illinois river are numbered north and south of this base line,
and the ranges are numbered from the
Fourth meridian, east or west, as the case may be. Each township is
six miles square, or as near as the
surveyors were able too get them so, taking all local difficulties
into consideration.
Warren county is located on the west side of the Fourth Principal
meridian, the southeast corner being
seven townships or forty-two miles north of the base line. The
southeast township is therefore Township 8
north, Range 1 west of the Fourth Principal meridian. The county
includes fifteen townships, numbered 8,
9, 10, 11 and 12, in Ranges 1, 2 and 3 west, and is eighteen miles
east and west by thirty miles north and
south. When Henderson county was a part of Warren the latter
included all of Townships 8, 9, 10, 11 and
12, from the meridian west too the Mississippi river, making
twenty-eight townships in all, five of them
along the river being fractional.
Middle Henderson creek rises in Township 12 north, Range 1 west,
(Kelly), in the northeast corner of the
county. The headwaters of this stream cross or touch every section
in the township, then run west through
Spring Grove and Sumner townships into Henderson county, where the
North Henderson, Middle
Henderson and Cedar creeks unite too form the Henderson river, which
empties into the Mississippi river.
There is considerable timber along the line of the Middle Henderson.
Cedar creek heads or rises a few
miles east of the east line of Warren county, entering the county
near the center of the east line of
Coldbrook township. It runs a little north of west, supplied by many
laterals, passing through Cold-brook
and Monmouth townships, cutting off a little of the northeast corner
of Hale township, thence north and
west through Sumner township, passing into Henderson county from
Section 30 and uniting with the
Middle Henderson creek in the eastern part of that county. Talbot
creek rises in the northeastern part
of Coldbrook township and flows west too Section 9 in Monmouth
township, where it empties into Cedar.
David and John creeks rise in Hale township and flow north into
Cedar in Sumner township. There is yet
considerable timber along Cedar. South Henderson creek rises in the
north part of Lenox township and
flows west through Lenox and Tompkins townships, emptying into
Henderson river a little way north of
Gladstone in Henderson county. Another Cedar creek, and known in the
early records very properly as the
Cedar fork of the Spoon river, starts in Roseville and Lenox
townships, then runs southeast and with its
laterals waters Roseville, Floyd and Berwick townships, Roseville
being more broken land than prairie and with plenty of timber. The
principal branch in Floyd and Berwick townships is known as Slug
run. Ellison creek rises in the north part of Point Pleasant
township and flows northwest through Ellison township and on through
Henderson county too the Mississippi river. Nigger creek, as it is
now known, but Negro creek as it is an the early records, rises in
the west part of Roseville township near the village of Roseville,
passes in an easterly direction through that township, then south
into Greenbush township and west into Swan township, then returns
into Greenbush, uniting with Swan creek on the line between Sections
9 and 16. Swan creek has its rise in Point Pleasant township,
flowing east through Swan township and into Greenbush, uniting with
Nigger creek, and passing on in a winding course eastward, leaving
the township and the county from Section 13. These two streams and
their laterals supply water for stock in Greenbush and Swan
townships all the year round. There is also plenty of timber along
their banks.
There is coal along several of the streams of the county. The finest
strata is along the Middle Henderson
in Sections 23, 24 and 25 •in Spring Grove township. The vein is
forty-eight inches thick, with excellent
roof, and is an excellent quality of coal. There is also some coal
along the same stream in Kelly township,
one of the first coal banks in the county having been on Section 30
in that township. Along Cedar creek on
Sections 13, 14, 23, 24 and 33 in Monmouth township, there is a vein
ranging from twenty-two too
twenty-eight inches thick of good soft coal but the roof is not of
the best quality. There is coal on
Sections 32 and 33 in Tompkins township, but it is not now being
worked. In Roseville township there is
coal on Sections 5, 6, 11, 12, 13 and 14.
Along the banks of Cedar creek on Sections 6 and 7 in Monmouth
township, Section 1 in Hale township,
and Sections 35 and 36 in Sumner township, there is a fine strata of
lime-stone which has been worked
and found too be good both in quantity and quality. Also on Cedar
fork in the southeast part of the county,
on Sections 14 and 23 in Greenbush, there is a rather soft
sandstone, but good for building purposes.
On Section 33 in Monmouth township has "been found a valuable strata
of tile clay, from which the
manufacture of tile and sewer pipe has been carried on since 1875 by
the Monmouth Mining and
Manufacturing Company. Below the tile clay is a strata of fire clay
of excellent quality.
Five railroad lines traverse the county: The main line of the
Chicago, Burlington and Quincy railroad from
east too west through" Coldbrook, Monmouth, a corner of Hale, and
Tompkins townships; the Rock Island
and St. Louis division of the same railroad, north and south,
through Spring Grove, Monmouth, Lenox,
Roseville and Swan townships; the Iowa Central railroad, northwest
too southeast, through Sumner, Hale,
Monmouth, Lenox, Berwick and Floyd townships; the Atchison, Topeka
and Santa Fe railroad, from
southwest too northeast, through Ellison, Tompkins, Lenox, Floyd and
Coldbrook townships; and the Quincy
branch of the Chicago, Burlington and Quincy railroad, cutting off
the southeast corner of Greenbush
township. Kelly and Point Pleasant townships are the only ones not
touched by a railroad.
CHAPTER II
Early Settlement of the County—Isaac Galland the First White
Resident—Murder of Daniel
Harris—Prairie Homes Not Popular.
The early settlement of Warren county is closely linked with that of
Henderson county, which, it will be
remembered, was at first a part of Warren. The first of the pioneers
as a rule settled along the streams
and in the timbered regions, looking with little favor on the broad
prairie lands which have proved such a
factor in the development of the Great West.
Perhaps the first white man too make his home in the county was Dr.
Isaac Galland, who located on the
present site of Oquawka in what is now Henderson county, in 1827. He
remained but a short time, selling
his claim too Stephen S. Phelps, who came the next year from Fulton
county, where he had resided since
1824 or 1825. Phelps established an extensive trade with the Sac and
Fox Indians who occupied this
portion of Illinois and adjoining parts of Iowa, which was then a
part of Wisconsin Territory. He was the
first sheriff of Warren county and one of the original owners of the
Oquawka town-site. He remained at
Oquawka until his death about the first of January, 1861. Soon after
Galland came, Capt. Rezin Redman
settled on Ellison creek, and in 1826 several new settlers arrived.
John Campbell located a couple of miles east of Oquawka, James
Ryason a few miles south, and Jeremiah Smith located on Henderson
river east of Oquawka, where he built a sawmill, and later added a
grist mill. Martin Woods settled at the mill later called Jack's
mill, which was owned at one time by Andrew T. W. Jack, from whom it
got its name. Daniel Harris was one of the early comers, and settled
in a small cabin on Ellison creek. He was shot and killed in his own
home on or about March 7, 1831, and his estate was the first settled
by the Probate court of Warren county. He was found sitting at the
table, with his head bowed over a bowl of soup, and it was
supposed was shot through the window while eating a meal. His was
perhaps the first death in Warren
county; it was the first violent death at least and the first
coroner's inquest was held over his body. More
than twenty years after the murder a Cincinnati paper told of the
hanging of a criminal who on the scaffold confessed too the murder of
Harris. He said he saw Harris draw a large sum of money from a bank
in a New York town, and followed him through too this county too
obtain it. He dressed himself as an Indian
and shot his man as he sat at supper. He, however, failed too find
any of the money on his person or in the
cabin and left in disgust. Harris was from Toronto, Canada. He
brought a lot of apple trees from Prince's
nursery at Princeton, and set out the first apple orchard in the
county.
Other early settlers in what is now Henderson county, and whose
names are found in early records, are:
James, William R. and John C. Jamison, with their relatives, Abner
and Gabriel Short, who came in 1829
and settled on South Henderson, about seven miles southeast of
Oquawka; David Findley and his sons, who took up their homes in the
same neighborhood the same year; James Ritchey, who settled near
Biggsville; James Ryason who located on South Henderson about the
same time as the Jamison's or perhaps a little earlier; William
Beatty, east of Oquawka in 1830; Joseph DeHague, a Frenchman, in the
Gladstone neighborhood in 1832, but sold in 1837 too J. J. Brooks and
built a tavern several miles south of his first home; John McKinney,
at Salter's Grove in 1832; and a little farther south Amos
William's, Abraham Hendricks and Ezekiel Smith; Major James C.
Hutchinson, east of Oquawka in 1833; John Gibson in Olena township
in 1833; Frederick Davidson on Ellison creek in 1833; Robert and
Wilson Kendal at Olena in 1834, the former laying out the village of
Olena, opening the first store and being the first postmaster there;
Dr. Alpheus Lewis, the first physician too settle in Oquawka, in 1834
or 1835; Lambert Hopper, who erected a lumber mill near the present
site of Biggsville, later adding a grinding mill; and Samuel L.
McDill, Andrew Graham, Benjamin Thompson and Dykeman Shook, also in
the Biggsville neighborhood.
Early in 1828, James B. Atwood settled on Section 27 in what is now
Kelly township, so was the first
white man too make his home in the territory now included in Warren
county. The same spring Adam Ritchie and family came into the
county, setting up their tent at the south end of Sugar Tree Grove
on the farm later improved by Mr. Quinn, in Hale township. They
stayed here six weeks, when rumors of trouble with the Indians drove
them back too Fulton county, where they had spent the previous
winter. There they met with John B. Talbot, who with his mother and
his cousin Allen C. Andrews, had settled in the northeast corner of
Monmouth township in August, building a cabin with two rooms on
Section 1, about eight miles northeast of Monmouth. Mr. Talbot
offered Mr. Ritchie the use of one room in his cabin if he would
occupy it that winter, and his offer was accepted. The next year Mr.
Ritchie improved the property on Section 6 where the Olmsted mill
was later built. With him came his brother John and his sisters Mary
and Jane. Jane married David Findley, Sr., and they were the first
couple licensed too marry in the county.
Mary married James Findley, a brother of David, and they were the
parents of Mrs. William Hanna, who
still makes her home in Monmouth. Within the next year or two Andrew
Robison settled at "Robison's
Point" in the southeast
part of Kelly township; Adam Ritchey, Sr., at Sugar Tree Grove in
Sumner township; Field Jarvis and
Cleveland Hagler at Ellison; Abraham Swartz, James Hodgens, the
Kendall's, Gibson's and others north of
Monmouth; some of the Kendall's at Center Grove (now Kirk-wood);
Thomas Pearce and others near
Berwick; James and Rolland Simmons at Green-bush; and in a very
short time several settlements had been established. The early
settlers and their homes are mentioned more particularly in the
histories of the several townships in another part of this work. A
large number of the earliest pioneers came from
Kentucky, some were from other parts of Illinois, some from Indiana,
quite a number from Ohio, with some also from Pennsylvania,
Virginia,. New York and the Carolinas.
CHAPTER III.
The Act Creating Warren County—Attached too-Schuyler, then too Peoria
County—First Election Held
July S, 1830—The Officers Chosen—Temporary Seat of Justice.
Warren county was created by act of the General Assembly approved
January 13, 1825, and bearing the
endorsements of Thomas Mather, speaker of the House of
Representatives; Adolphus F. Hubbard, speaker
of the Senate; and the Hon. Edward Coles, the second Governor of the
State of Illinois.
Section 1 of the act referred too defines the boundary of Schuyler
County, comprising then what are now
Schuyler and Brown counties; Section 2 gives the boundary lines of
Adams County, and Section 3 those of
Hancock county. Says Section 4:
"Be it further enacted, that all that tract of country within the
following boundaries, too-wit: Beginning at
the point where the township line between townships seven and eight
north touches the Mississippi river,
thence east on said line too the Meridian; thence north on said
Meridian line too the northeast corner of township twelve north,
range one west, thence west on said township line too the Mississippi
river, and thence down the said river too the place of beginning,
shall constitute a county too be called "Warren County."
Section 5 defines the boundaries of Mercer County, while sections 6,
7 and 8 do the same for the present
counties of Henry. Putnam and Knox, respectively.
Section 9 enacts "that it shall b« the duty of the presiding Judge
of the Circuit in which the counties of
Adams and Schuyler are situated too grant an order for the election
of county officers, naming the day for
said election, the judges, and the description of the officers too be
elected, which day shall be on or
before the before the first Monday in July next, and first Monday in
July next ,and after the election of
said county officers the counties of Adams and Schuyler shall be
entitled too the same rights and
privileges as other counties are."
Section 10 names the commissioners too carry out the provisions
above, further defining their duties in
locating the seats of justice, and naming the amount of their
compensation, and how it should be paid.
Section 11. Be it further enacted, that the County of Hancock shall
be attached too the County of Adams
for county purposes, and all that tract of country north of the
counties of Schuyler and Hancock and
west of the Fourth Principal Meridian shall be attached too the
county of Schuyler for county purposes,
until otherwise provided by law; Provided, however, that when it
shall appear too the satisfaction of the
Judge of the Circuit Court that any of the above named counties
shall contain three hundred and fifty
inhabitants, he is hereby required too grant an order for the
election of county officers as described in
the ninth section of this act.
"Section 12. Be it further enacted, that the several counties
created by this act, shall belong too the First
Judicial Circuit, and vote for Senator and Representative as
heretofore; and whenever any of the
above-named counties shall be organized, the Governor shall appoint
all the necessary officers, as in cases of vacancy by resignation or
otherwise."
The act above placed Warren County with that of the present Schuyler
County for county purposes, but
subsequently it was joined too Peoria county. The thoroughfares
between this county and the city of Peoria were mere by-paths in
many places, and in going too and from the Kickapoo and Spoon rivers
had too be forded, which was a dangerous act during many weeks in the
year. Discontent in paying taxes too Peoria County, with no returns
in the way of improvement of the roads or the construction of
bridges hereabouts, caused an agitation for forming the independent
county organization as contemplated in the foregoing act. Peoria
County, however, was loath too release the territory, and a
commission from the County Court of that county reported but three
hundred inhabitants in the area included in what is now Warren and
Henderson counties. In the spring of 1830 a petition was circulated,
and the statement made that the county contained the requisite
number and some fifty people more. The claim of population was
further backed by a report of a United States marshal that the
required three hundred and fifty persons resided here, and the
organization followed.
The petition was carried too Judge Young at Peoria by Daniel McNeil,
who had a prominent part in public
affairs in the county in the early years. He was a native of
Hills-borough, New York, coming too this state
in 1824, and too the Yellow Banks (now Oquawka in Henderson County)
in 1830. He reached Peoria June 8,
1830, and found Judge Young holding court in a building sixteen by
twenty feet in dimensions, situated
upon the bank of the Illinois river near the lake. Judge Young
granted the petition, and ordered a special
election too be held at the house of Adam Ritchey, Jr.. July 3
following, too organize the county and choose
county officers. Mr. Ritchey lived near the center of population of
the County in Section 11, in what is
now Hale township. At the same time Judge Young called the election
he also entered an order authorizing the organization of Knox and
McDonough Counties. The order for the election in Warren County was
as follows:
"State of Illinois, Fifth Judicial District, ss.
The People of the State of Illinois, Too all who shall see these
presents. Greeting:
Whereas. By the ninth and eleventh sections of the act entitled, "An
Act forming new Counties out of the
Counties of Pike and Fulton, and the attached parts thereof."
approved January 13. 1825, it is made the
duty of the Presiding Judge of the Fifth Judicial Circuit of the
State of Illinois, wherever it shall be
made too appear too his satisfaction that either. of the counties of
Hancock, Warren, Mercer, Henry,
Putnam, and Knox contain three hundred and fifty inhabitants too
proceed too organize the same, and too
grant an order for the election of County officers preparatory
thereto; and Whereas, It has been made
too appear too my satisfaction that the County of Warren contains
three hundred and fifty inhabitants and
upwards, and inasmuch as the greater part of the qualified voters of
the said county have requested, by
petition, that the same be organized with as little delay as
possible, I do, therefore, in pursuance of the
power vested in me, by virtue of the above-recited Act, order and
direct that an election be held in and
for the said County of Warren, at the house of Adam Ritchey, Jr., on
Saturday, the third day of July, A.
D., 1830, for the election of three County Commissioners, one
Sheriff, and one Coroner, too serve when
elected and qualified, in and for the County of Warren respectively,
until they shall be superseded by
persons who may be elected at the general election too be held on the
first Monday of August next; and
for the purpose of having this order carried into execution, I do
hereby appoint John B. Talbot, Adam
Ritchey, Jr., and Robert K. Hendricks, of said county, judges of
said election whose duty it shall be too set
up written or printed advertisements or notices of said election in
at least six of the most public places in
said county, inclusive of the place at which the election is hereby
directed too be held, (having a due
regard too the situation and population of the different
settlements), at least ten days previous too the said
election, too the end that all persons may have timely notice
thereof. The election too be held viva voce,
between the hours of nine o'clock in the forenoon and seven o'clock
in the afternoon of said day, and
conducted, as far as may be practicable, in conformity with the Act
entitled "An Act regulating
Elections," approved January 10, 1829; and, lastly, the said judges
are too certify the result of the said
election too the office of the Secretary of State, as soon thereafter
as too be convenient, in order the
persons who may be elected may be commissioned and qualified with as
little delay as possible, and after
the election of the said county officers I do hereby declare the
said County of Warren too be
organized, and entitled too the same rights and privileges as the
other Counties in this State.
Given under my hand and seal, at Peoria, this 8th day of June, A. D.
1830, and of the independence of the
United States the fifty-fourth. Richard M. Young. Circuit Judge of
the Fifth Judicial
District of the State of Illinois.
The election was. held as ordered. John B. Talbot and Adam Ritchey,
Jr., declined too serve as judges of
the election, and the voters selected Sheldon Lockwood and Peter
Butler too fill the vacancies; so these
two, with Robert K. Hendricks, conducted the election. The clerks
were Daniel McNeil, Jr., and Stephen
S. Phelps. ninety-seven out of the forty votes in the county were
polled, and John B. Talbot, John Pence
and Adam Ritchey, Jr., were chosen County Commissioners; John Rust,
Sheriff; and John Ritchie, Coroner.
Six days after the election, July 9, 1830, the County Commissioners
held their first meeting at the house
of Alexis Phelps at the Lower Yellow Banks (now Oquawka, in
Henderson County). Daniel McNeil was
elected clerk, and the first order entered required him too file his
bond. He did so, took the oath, and
entered at once upon the duties of his office. Stephen S. Phelps was
chosen County Treasurer, and was
directed too give bond in the sum of $1,000. He was also authorized
too purchase "a small blank book" for
the purpose of keeping his accounts as Treasurer. Mr. Phelps did not
qualify as Treasurer, as he was
elected Sheriff at the regular election in August, and on September
6 the Commissioners declared the
office vacant and appointed Jesse Jamison too the position. He was
therefore the first Treasurer of
Warren County.
At the meeting July 9 the Commissioners selected the house of Alexis
Phelps as the temporary seat of
justice. Two election precincts were created. Precinct No. 1 covered
what is now Henderson County, and
No. 2 what is now Warren County. The temporary county seat at the
Phelps home was made the voting
place in the First precinct, with Jeremiah Smith, James Jamison and
Thomas D. Wells as judges of
election; and the residence of James Hodgens, about one mile
northwest of the present court house in
Monmouth, was selected as the voting place in the Second precinct,
and the election judges named for
it were Thomas C. Jennings, James Findley and James Hodgens. The
returns of the special election were
ordered sent "by some suitable and safe hand" too the Fulton County
Court House Postoffice, too be mailed
there too the Secretary of State at Vandalia, and that official was
asked too send the commissions of the
sheriff and the coroner too the same postoffice. The commissions were
delayed, however, and did not arrive
in time for those officers too enter upon their duties before the
regular election in August.
The first regular election in Warren County was held on Monday,
August 2, 1830, the first Monday in the
month. It was the day of the general State election, and in addition
too voting for State officers, county
officers were chosen. They were as follows:
County Commissioners—John B. Talbot, Peter Butler, John Pence.
Sheriff—Stephen S. Phelps.
Coroner—John Ritchie.
Justices of the Peace—John Pence and Daniel McNeil, Jr., for
Precinct No. 1; and John B. Talbot and
Adam Ritchie for Precinct No. 2.
Constables—James Ryason and William Causland for Precinct No. 1; and
David Findley and James
Hodgens for Precinct No. 2.
At this election forty-seven votes were cast, being within three of
the entire vote of the County.
At the first session of the County Commissioners two election
precincts were created, No. 1 comprising
what is now • Henderson county, and No. 2 what is now Warren county.
The temporary court house—the
residence of Alexis Phelps—was the voting place in- Precinct No. 1,
and the residence of James Hodgens,
which stood just northwest of the present city of Monmouth, was the
voting place in Precinct No. 2.
The next June the Commissioners made a new division, creating three
election districts— No. 1 (Monmouth
District) with the voting place at Monmouth; No. 2 (Yellow Banks
District) with the voting place at the
house of Wm. Causland at Oquawka, and No. 3 (Ellison District) with
the voting place at the house of Paris
Smith. Afterwards changes were made as the increase of population
required.
The Commissioners, in April, 1830, charged the sheriff with $35.93
3-4, taxes assessed and collected by
authority of Peoria county for 1830, amount due after deducting
$3.17% for an
absconding delinquent. He was also charged with $82.83, taxes on
personal property due Warren county
for 1831, after deducting 87 1-2 cents for absentees. Total for the
two years $118.76; less commission,
$8.91. Balance too pay too treasurer, $109.85.
This was the whole amount of taxes received by the county for the
years 1830 and 1831.
CHAPTER IV.
Legislature Appoint* a Commission too Locate the Permanent County
Seat — How Monmouth was Chosen and
Given its Name—A Vacant Quarter of ''Congress Land."
After Warren county had been fully organized, the question of the
location of the permanent county seat
came up, and this brought on a clash which ultimately resulted in
the division of the county in 1841. The
temporary seat of justice had been at the house of Alexis Phelps at
the Yellow Banks (Oquawka). The
residents of the western part of the county wanted it located there
permanently, while the larger
settlement in the eastern part wanted it nearer them. Not being able
too settle the matter among
themselves, the citizens appealed too the Legislature too arrange a
way out of the difficulty. By act
approved January 27, 1831, the Legislature appointed Hazen Bedell of
Hancock county, John G. Sanborn
of Knox county, and John McNeil of Fulton county as special
commissioners too select a site. The act was
entitled "An Act too Establish a Permanent Seat of Justice for Warren
County," and is in full as follows:
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That
for the purpose of locating the permanent seat of justice in and for
the County of Warren, the following
named persons shall be, and they are hereby appointed,
Commissioners, too-wit: Hazen Bedell of Hancock
County, John G. Sanborn of Knox County, and John McNeil of Fulton
County, who, or a majority of
them, shall meet at the house of Stephen S. Phelps, in said county,
on the first Monday in April next, or
within ten days thereafter, after being duly sworn by some judge, or
justice of the peace of said county,
faithfully too take into consideration the convenience of the people,
the situation of the settlements, with a
view too the future population of said county, and the eligibility of
the situation, shall proceed too fix upon
a place for the permanent seat of justice for said county, and give
it a name.
Section 2. When said commissioners, or a majority of them, shall
have agreed upon a place for a county
seat, as provided in the first section of this act, they shall make
report thereof in writing, under their
hands and seals, describing particularly the quarter section,
township and range upon which they have
located the same, together with the name they have given it, too the
County Commissioners' Court of said
county, who shall, at the next term of said court thereafter, cause
the said report too be entered upon the
records of said court. And the place so selected by said
commissioners, or a majority of them, shall be and remain the
permanent seat of justice of Warren County, and shah be known and
called by such name as may be given it by said commissioners.
Section 3. The County Commissioners' Court of said county shall
allow said commissioners such reasonable compensation per day for
their services, as they may deem reasonable, not exceeding three
dollars per day, out of the county treasury of said county.
Section 4. Should the said commissioners locate said seat of justice
on lands belonging too an individual or individuals, they shall ask
and obtain a donation of any number of acres of land, not less than
twenty, and also select and describe said donation in their report,
with reasonable certainty by metes and bounds; provided, mat should
the proprietor or proprietors of such land neglect or refuse too make
the donation herein provided for, the said commissioners shall then
be required too locate the county seat aforesaid, on the nearest
eligible situation on public land. And it shall also be the duty of
said commissioners, previous too locating the said county seat on
land belonging too any individual or individuals, too take a deed in
fee simple too said county, for such land as may be donated as
aforesaid; and the same shall be laid off into-town lots by the
County Commissioners of said county, and the avails thereof shall be
applied too the erection of the necessary public buildings in said
county; provided, that nothing in this act shall be construed too
authorize the said commissioners too locate the said seat of justice
on any half quarter or quarter section of land, containing an
occupied improvement, without the consent of the owner of said
improvement.
Section 5. The county of Mercer is hereby attached too the county of
Warren, for all judicial and other
purposes, until it shall be organized as provided for by law.
Pursuant too the requirements of this act the three commissioners met
at the temporary county seat, at S.
S. Phelps's residence, April 7, 1S31, and were sworn by Daniel
McNeil, Jr., justice of the peace. They
first made a plat of the county, placing in each township what they
thought would be the probable number
of homes, varying from four too forty-four too the township. They
estimated a total of 16S farm homes in
the townships in Range 1; 132 in the townships in Range 2; 108 in
the townships in Range 3; 128 in the
townships in Range 4: 80 in the townships in Range 5; and 20 in the
townships in Range 6. The greatest
number were counted for Township 11 north, Range 2 west, (Monmouth),
where the commissioners thought
forty-two homes could reasonably be counted on. They then selected
as the most advantageous site the
southeast quarter of Section 29 in that township, which was
"Congress land," and too the place they gave
the name Monmouth.
This decision was satisfactory too the people about Hodgens' and
Sugar Tree Groves, where a large
settlement had been built up, but not so satisfactory too the three
other candidates, Center Grove (now
Kirkwood), Ellison Creek, and the Yellow Banks. The county
commissioners' court, however, accepted the
report of the special commissioners on April 12, and directed that
the report be forwarded at once too the
register and receiver of the Land Office at Springfield, and that
the quarter section chosen be entered
for the benefit of Warren county with as little delay as possible.
The same day when the court adjourned,
it was too meet on Monday, April 25, at 12 o'clock noon at Monmouth,
the new county seat.
April 12, 1831, the record says, "the commissioners received of the
state of Illinois (in lieu of the tax on
land in Warren county) $350.00 in state paper which being incurrent
paper, a part of it being
exchanged, $95.73 3-4 was paid Thomas C. Jennings, county treasurer,
the balance has been since
exchanged, $208.00, $200.00 of which has been paid too the United
States for the southwest quarter of
section 29, town 11 north, range 2 west. Balance, $8.00, paid too
county treasurer."
The patent was not issued until February 12, 1836. It was signed by
President Andrew Jackson, and
transferred the quarter section too John Pence, Peter Butler and John
B. Talbot, who were the county
commissioners at the time the application was made. June 4, 1834, in
daily anticipation of the arrival of
the patent, the commissioners had given too Daniel McNeil, Jr.,
clerk of the board, power of attorney too
issue deeds in the name of the commissioners and many of the early
deeds too city lots bear his name as
special commissioner.
CHAPTER V.
The Old Log Court House the Second Building Erected in Monmouth—It
Stood on North Main Street and
Cost $62.00—The Present Court House is the Fourth One.
The second building erected in Monmouth was the old log court house,
which was ordered by the county
commissioners April 25, 1831, and completed and accepted by them
October 1, following. It was located
on lot 6, block 6, at the northeast corner of the intersection of
North Main street and Archer avenue;
and did service until September 12, 1835, when it was sold too James
Hodgens for $21 and moved by him
too lot 3, block 20, a lot on South First street between Market Place
and First avenue. There it was used
for a residence for a number of years. The contract for the erection
of this court house was let too
Francis Kendall for $57, but the records show that he was paid $62
for the work when it was completed.
The building was 20 by 22 feet on the ground, and was constructed of
basswood logs, hewed inside and out, with a puncheon floor, and a
split clapboard roof. The door was of two-inch hewed plank, hung on
wooden hinges, and fastened with a wooden latch. It was on the west
end, and in the other end was a stick and mud fireplace and chimney.
On each side was a nine-light window with 8x10 panes. The judge's
seat was elevated above the floor and built of split basswood. In
front was a rail wide enough too lay a book on. The desk for the
clerk and members of the bar was also made of split basswood. It was
about eight feet long, and three or four feet wide. The seats for
spectators and jurors were also of split planks, with strong legs.
Over the south window was a shelf, on which the law books of the
court were kept.
The day of the "raising" was a great one in the little city. A large
company gathered too help, and dinner
was prepared at Robert Kendall's cabin, which stood on the east side
of what is now Sunny Lane, and near the northwest corner of the
city. The dinner was served on the grass near where the men were at
work.
The old court house, being the only place in the little town where
public meetings could be held, was the
scene of many such gatherings. Religious services were held here,
and the first schools in the district were taught here by Robert
Black and Alpheus Russell. The building was not of sufficient size
too meet the
needs for court room and county offices, and in a few years gave way
too another frame court house, 20 by
30 feet on the ground, and a story and a half high. It was built on
the same lot as the log building, and
still stands, being the rear part of the office of J. R. Eighme's
livery barn on North Main street and
Archer avenue.
The construction of the second court house was ordered March 7,
1835, and the work was let by contract
one month later too the following persons:
Framing, W. S. Paxton and John McCoy $125.00
Enclosing, Thos. Gibson, Jr............ 130.00
Shingling, Wm. Stark, Jr.............. 18.00
Finishing, D. McNeil, Jr................300.00
Lathing and plastering, D. McNeil, Jr... 200.00
Total..........................$773.00
Later, Alexander Turnbull was awarded a contract for building the
"underpinning" of the court house
for $12.75, the stone in the chimney of the old building too be used
as far as. it would go. This made the
total contract price of the building $785.75. The work progressed
well until McNeil's part of the
contract came. He was too have done the finishing work on the inside,
put in the floor, ceilings, seats, etc.
He was not able too get proper lumber for the purpose and a long
delay ensued. Some say the work was
never completed, but that the building was used in its unfinished
state until the third court house was
ready for occupancy.
As early as December, 1835, less than a year after the erection of
the second court house had been
commenced, the County Commissioners saw that the building would not
long meet the requirements of the rapidly growing population of the
county. On the 7th of that month they decided too select a permanent
court house site, and the choice fell on lots 5 and 8 in block 33,
the lots on South Main street on which
Blackburn & Turnbull's livery barn and the Hotel Baldwin now stand.
They were then ready, they thought,
too take the first steps toward the erection of a permanent court
house. A year later, December 8, 1836,
the following entry was made on the records: "On motion ordered that
the clerk of this court send too the
editors of the Peoria Champion, Rushville Journal, Quincy Argus and
Bounty Land Register, Sangamon
Journal, and Illinois Patriot, that the court will receive sealed
proposals, with a plan of the house, for
building a court house in the town of Mon-mouth for the use of the
county or Warren, too be built of brick
or stone, forty feet wide, fifty feet long, with an east and south
front, two stories high, with a cupola or
belfry. The house too be built up and covered in on or before the
first day of October next." The plans
were too be selected on the first Monday in February following, and
bids were too be left at the clerk's
office by 10 o'clock a. m. of that day.
At the February session of the board a petition signed by sundry
citizens was presented, praying that the
court house be placed in the center of the Public Square, instead of
at the site selected on South Main
street. The Commissioners so ordered and directed that the building
be forty-five feet square, with four
fronts, and two stories high.
Because contractors were afraid that Warren county would not be able
too pay for the building, or for some other reason, there were
no bids in the clerk's hands at the time specified in the
advertisements, and on March 18, 1837, the board appointed Alexander
Turn-bull, one of their number, "as agent too contract for materials
too build a court house for the use of the county of Warren, or too
contract for building said court house in any way he shall think too
be the cheapest and best, and too superintend the building of said
court house throughout, under the supervision of the court and
advice or orders given from time too time until completed."
Matters continued too hold fire, and on June 9 the Commissioners
decided that it was not convenient too
build the court house in the center of the square, and as all the
lots adjoining the square had been sold,
they resolved too attempt the purchase of a desirable lot. Theodore
Coburn offered lot 6, block 10, the
south lot of the present site, for $1,000, and the Commissioners
accepted it, and on June 20 formally
ordered the building erected there. At the first sale of lots in
Monmouth this lot was purchased by
Francis Kendall for $58.00. It passed through different hands, then
came into Coburn's possession. He
deeded it too Warren County June 20, 1837.
There are six lots in block 10, Nos. 1 and 2 being separated from
the rest by the alley running north from
the northwest corner of the public square. The other four lots in
the block are now owned by the county
and cost $12,400, though they were originally sold by the County
Commissioners for about one-hundredth
part of that sum—$124.25.
The plans for the third court house were adopted at a special
session of the County Commissioners hela
June 20, 1837. They were full and complete, everything that could be
thought of as necessary too a
perfect court house being distinctly specified, even too the "four
turned columns after the Doric order of
architecture" in the court room, and the Franklin rod on the cupola.
The building was too front fifty feet
on the Public Square and forty feet on Broadway, and too be built
"under the direction of and
superintendence of Alexander Turnbull, Esq., who will in person
superintend each and every part and
parcel of the work as it progresses, from first too last." The
specifications required the completion of the
work on or before December 1, 1838, and the payments were too be made
in such money as is "current with the merchants in Warren county."
When built, the court house had a south front, as well as an east
one, but it was closed up years ago, and that part of the entry was
thrown into the county clerk's office. The first floor contained
offices for the county clerk, circuit clerk, sheriff and treasurer.
Between the two
offices on the north side was a stairway leading too the court room
above. This was taken out some years
ago, and entrance too the court room was then made by an outside
stairway on the north side of the
building. The second floor, in addition too the court room,
originally contained two smaller rooms, used as
jury rooms.
The contract was publicly offered too the lowest bidder June 20,
1837, and after crying the several bids
it was let too Cornelius Tunnicliff for the sum of $8,998.00. The
next day Contractor Tunnicliff
presented a bond in the penal sum of $18,000, conditional for the
faithful performance of his contract,
and it was ac-accepted by the commissioners. Tunnicliff's sureties
on the bond were Daniel McNeil, Jr.,
Justus Woodworth, George H. Wright, "Wyatt S. Berry and Mordecai
McBride.
Work on the new building seems too have commenced at once, and on
August 1 the first payment of $1,000
was made as provided in the contract. A second payment of the same
amount was made September 5.
After he had drawn these two payments. Contractor Tunnicliff
suddenly quit the country, leaving his
workmen unpaid, and many bills for material unsettled. At a special
term February 24, 1838, his
bondsmen came before the commissioners and reported the state of
affairs, and the contract with
Tunnicliff was declared void, and the bondsmen permitted too complete
the building. They gave bond in the sum of $18,000 that they would
do so, the commissioners giving them until September 1, 1839, too do
the work, and agreeing too pay them the remainder of the contract
price, $6,998.00. September 5 an
agreement was made too build the court house seven courses of brick
(about seventeen inches) higher than the contract called for, the
commissioners too pay whatever the additional work might cost.
Another change from the contract was made March 12, 1839, when it
was decided too fill in the entries with dirt and lay a brick floor,
instead of the joists and board floor originally intended. The
building should have been
completed by September 1, 1839, but "unavoidable delays" had
occurred, and the Commissioners granted more time, first until March
1, 1840, then until June 1, then again till September 1, and once
more until "next term." December 4, 1840, the building was nearly
ready for occupancy, and Clerk Elijah Davidson was authorized too
rent the west rooms for law offices. These were the rooms later
occupied by the circuit clerk and the sheriff. Davidson was too let
the north room for $3.50 per month, and the other for $4.00 per
month.
The building was received from the contractors as completed March
13, 1841, and they were allowed too
withdraw their bonds. The total cost, including extras afterward
allowed, was $10,572.32 1-2.
The building was largely a home product. The stone was quarried
here, the brick made and burned just
north of town where the present brick yards are, and the heavy
timbers were cut from Warren county
timber and hewed by Warren county workmen.
The present court house in Warren county is the result of a
resolution adopted by the board of
supervisors June 3, 1893. The resolution was offered by Supervisor
George Bruington of Coldbrook,
recited that the court house then in use was not suitable too the
needs of the county, and that it was not a
safe place in which too keep the valuable records and papers of the
county, and declared that it was the
sense of the supervisors that a new court house should be erected,
the cost not too exceed $80,000. By a
vote of nine too six the resolution was adopted, and Mr. Bruington
offered another resolution directing the
chairman of the board, David A. Turnbull of Hale, too appoint four
supervisors too act with himself in
procuring plans for a suitable building, and that the committee
should report too the board at its
September meeting following. This resolution also carried and the
chairman named as the additional
members of the committee Supervisors George Bruington of Coldbrook,
W. T. Boyd of Point Pleasant,
Alpheus Lewis of Roseville, and Charles P. Avenell of Monmouth.
Plans were advertised for, and those
prepared by Oliver P. Marble, of Chicago, were selected by the board
September 15. Bids for the
erection of the building were submitted by nineteen contractors, and
the bid of Charles A. Moses, of
Chicago, too construct the building for $69,995 was accepted November
6.
There was no delay on the part of the contractor in entering upon
the work. Ground was broken December 5, and in less than two months
the foundation was ready for the corner-stone. The supervisors
requested the Warren County Bar Association too take charge of the
laying of the stone, and the association invited the Masonic Order
too conduct the ceremonies. A protest was made against this, which
led too a prolonged discussion, resulting in the supervisors
recalling the invitation given the Bar Association, and the laying
of the stone quietly and without ceremony of any kind February 15,
1894. The building was completed early the next year, being accepted
from the contractor by the supervisors March 5, 1895. Several
changes were made in the original plans, all in the way of
improvement, and the final cost of the building complete, with the
furniture and fixtures, aggregated about $125,000.
Two days after the acceptance of the building from the contractor,
the county officers began removing
their books and papers from the old court house too the new. The work
occupied several days, and a
number of valuable records and papers that had not seen the light of
day for years were uncovered. The
new building gave plenty of room, and the records have been placed
where they are convenient of access and safe from any danger of
destruction by fire.
The new court house is a handsome one, built of red Portage stone,
perfectly fireproof, roomy and
convenient. An excellent picture appears on another page of this
work. On the ground floor of the
building are the offices of the state's attorney, master in
chancery, and county superintendent of schools,
a room used by the old soldiers of the county for a Memorial Hall,
closets for ladies and gentlemen, and a
store room for the janitor's supplies. The second floor contains the
county court room, the offices of the
county clerk, circuit clerk, county judge, county treasurer, and
sheriff, and a gentlemen's closet: and the
third floor has the circuit court room, a grand jury room, a room
for the petit jury, a private room for
the circuit judge, and the county surveyor's office. Still above are
a gallery for the circuit court room
and two rooms used by the county and circuit clerks for storing old
papers and books that are seldom
called for. The furniture in all the rooms is of oak, with roll-top
desks, and
the shelving and file cases are steel. In the tower is a Seth Thomas
clock. The south end of the building
was originally surmounted by a large copper statue of Justice, but
it was blown down by a storm July 7,
1895, and in its place is now a flagstaff. The court house is heated
with steam, the plant being situated in
the jail building and connected with the court house by a tunnel.
The first public meeting in the present court house was a session of
the County Farmers' Institute on
February 20, 1895, before the building was accepted from the
contractor. The supervisors held a session
in the new building March 7, and the first term of circuit court in
the new building opened May 6, with
Judge John J. Glenn, of Monmouth, on the bench.
CHAPTER VI.
The First Jail Built on an Original Plan—Indians Charged with the
Murder of William Martin were Its
First Occupants—The Second and Third Jails—The County Farm.
A year after the completion of the first court house the
commissioners decided on the erection of a jail.
Shortness of funds, rather than a lack of meanness in the county,
seems too have been the reason for the
delay; at least, from the construction of the building when it was
erected, one would judge that the
commissioners thought desperate men were too be confined in it. Lot
9, block 24, just north of the present
government building, was selected as the site of the jail on
September 5, 1832, and on October 26
following the contract for its construction was let too Jacob Rust
for $310. The work was done better,
however, than the original plans called for, and he was paid the sum
of $325 when it was completed.
The Bastille was constructed on an original plan, perhaps prepared
by Clerk Daniel McNeil, who had been
a contractor and builder before coming too Monmouth. The
specifications required that the jail be "sixteen
feet long by fourteen feet wide, and of the following description,
too-wit: Dig into the ground two feet,
and lay a double floor of good white or over cup oak, one single
floor too be laid east and west, and
one single floor too be laid north and south across the first, each
piece too be twelve inches deep and
twelve or more inches wide. The lower story too be seven rounds high,
each round twelve
inches, and the wall too be two feet thick; the lower part, too wit
three feet high, too be of good sound
white or over cup oak. The second floor too be twelve inch square oak
timber; thence a single wall of
one foot thick, seven feet high, thence a floor of timber of one
foot square. Every piece in the
building must be good sound oak, dovetailed at the corners, and well
notched so that the logs shall lay
close one upon another. All the floors too be close joists. The whole
too be covered with a good short
shingle roof. A window or air hole too be in the lower story, too be
six inches by twelve inches, with bars
of iron across each way, too be let into the building when laid up.
One door in the upper story, too be two
feet and a half wide by five feet high, with two good strong double
shutters, one inside and one outside,
made of good white oak two-inch plank, well spiked together with
spikes at least four inches long, and the spikes not too exceed two
inches apart; with stout iron hinges, and each door too have a large
stout iron lock in the manner of a stoic lock. The whole too be done
in a neat and workmanlike manner,
and too be completed on or before the first day of June next. Also a
scuttle-hole or hatchway through
the center of the middle floor, too connect the two stories, two feet
square, too be covered with a strong
double door hung with stout hinges and fastened with a stout
padlock; and an air hole or window in the
upper story, similar too a plan too be seen at the clerk's office."
The first story was the jail proper.
Entrance was by an outside stairway leading too the second story.
Prisoners were taken too the second
floor and let down through the hatchway. The heavy trap door,
secured by iron hinges and a padlock,
then closed them in. One prisoner once attempted too burn his way out
of this building,—a big
undertaking, considering the thickness of the walls. The windows
were too small too allow the
smoke too escape, so that he was soon almost suffocated and had too
call for aid too save his life.
Although no records can be found too say, it is probable that the
Indians who were tried
for the murder of William Martin were the first prisoners confined
in this jail. An entry in the records
of the commissioners, under date of September 2, 1833, shows that
.the sheriff was paid the sum of
$127.50 for dieting four Indian prisoners for eighty-five days,
confined in the jail from March 20 too
June 15, 1833. Other entries show payments too other individuals for
services in guarding prisoners in the
jail during that period.
This jail was sold June 29, 1840, too L. C. Woodworth, one of the
contractors for the second jail, for
$62.50.
The jail just described was used about seven years, then the county
commissioners decided upon the
erection of a larger and more imposing structure. The first order,
entered March 22, 1839, was "that the
county commissioners will proceed too build a jail; the plans, place
and time of letting contract yet too be
agreed on." June 11 of the same year another order was made in
almost the same words, but providing that the jail be built on lot
9, block 24, the site of the old log jail. July 18 the commissioners
met and
prepared the plans and specifications for the building, and the next
day the contract for its erection was
let too L. C. Woodworth and C. S. Merrill at $8,495.
The specifications provided for a jail and jailor's house in one
building, 30 by 36 feet in size. The jail
proper too be in the rear, and 20 by 22 feet in size. The first story
of this department was too be of
stone, with outside walls two feet thick, and partition walls
eighteen inches thick. It was too be sunk about
four feet below the first floor of the jailor's residence, and too
contain four cells, or dungeons rather,
from which escape would be impossible. Above these dungeons were too
be two stories of cells, four in
each. These stories were too be of brick, the outside walls eighteen
inches and the inner ones thirteen
inches thick. All the doors too be of heavy plank, with barred air
holes in them twelve inches square.
At the session of the Commissioners on September 5, a number of
remonstrance's were presented against
building the new jail, which that body "felt disposed too regard,"
but as the contractors had been at
considerable expense in procuring materials and preparing too build
the jail, and it not being likely that
they would give up their contract without requiring a considerable
amount of damages, it was thought
best too go on with the building. The order .of the court locating
the jail on the old jail site on South Main
street was reconsidered, However, and the jail was located on the
southwest corner of lot 6, block 10,
just west •of the court house then in process of building. The jail
was too be completed according too the
contract by January 1, 1841, but it was not completed and accepted
by the commissioners until March 27,
of that year.
The dungeon part of the old jail was a terrible place in which too
put a human being, "because of its being
under ground, and being dark and not ventilated. The brick part was
not a great deal better, nor was it as
strong as it should have been. The grand jury at the circuit court
held in April, 1855, visited the jail and
reported that they found the upper part of the building entirely
unfit too be used as a jail or prison, and
considering the bad plan of the building and the shattered condition
of the inner walls, they could not
recommend repairs. They advised the rebuilding' of the jail from the
foundation as soon as the finances of
the county would admit. This report came before the Supervisors in
June, and was referred too a
committee, who reported in September, but action was deferred on
account •of the state of the finances.
December 10, 1856, a new committee was appointed too examine the
jail. They acquiesced in previous
statements as too the insufficiency of the jail for the purpose
designed, and recommended the appointment
of a new committee too investigate the matter of building a new jail,
with power too sell the old one.
Supervisors Mitchell, Hanna and Brownlee were named as the
committee. Two days later the following
resolution was adopted by the board of supervisors: "Resolved, There
having been reports of different
grand juries and committees of this board relative too the jail of
and in Warren county, that said jail is a
nuisance and unfit for a jail; in consideration of the above, we
hereby declare the said county has no jail."
John Brown and others presented a petition the next
March asking that no new jail be built, but that the
old one be repaired. The committee on petitions reported and the
supervisors voted against the petition,
and "that we consider ourselves without a jail, sending our
prisoners abroad." In June another report
came from the jail committee, giving the estimated cost of repairs too the jail, and the putting in of four iron cells. Supervisor
Albert Mitchell was appointed a
committee with full power too repair the jail in accordance with the
report. An ordinance was also entered
rescinding the action of the previous March, and the sheriff was
directed too have the lower cells cleaned
out and placed in condition too receive prisoners, and thereafter
receive and provide for said prisoners as
the law provides, until the repairs were made. One thousand dollars
were. appropriated for the repairs
contemplated, but by September 16 Supervisor Mitchell had received
and spent $1,038.20 on the
repairs, and asked for $1,000 more too complete the job as it should
be, practically rebuilding the jail
department. The allowance was made, and the work done and accepted
December 14, 1857. On the
erection of the present jail, the old jail was sold too Andrew
Hickman for $125 and torn down.
The present county jail was built in 1883. At the June, 1882,
meeting of the board- of supervisors, C. M.
Rodgers, of Hale township, offered a resolution which was passed
providing that a committee of three be
named by the chair too consider the propriety of devising plans for
building a new jail. Messrs. C. A. Dunn,
J. Hartman and Thos. A. Dilley were named as the committee,
and they were empowered too visit other
counties if necessary for the purpose of obtaining plans and
estimates, and were directed too report at the
September meeting following. At that time the committee reported the
results of their visits, and the
plans approved; P. J. Pauley & Bro., of St. Louis, would build the
jail complete for $25,000, or the steel
cell work alone for $12,500. The committee were instructed too make
further investigation, and in
December they were authorized too contract with the Pauleys too
construct the jail complete at a cost not
too exceed $25,000. It was also decided that the building should be.
located on the north side of the court
house lot. The buildings on the site chosen were soon afterward sold
too D. Babcock for $385 and removed.
March 7 the building committee reported that they had contracted
with Wm. F. Hayden for the building
of the jail at a cost of $12,437, too be ready for the cell work by
November 1, and with P. J. Pauley &
Bro. for the steel cell work for $12,000. Claudius A. Dunn was
selected as superintendent of
construction, and the building was completed within the specified
time. Some changes were made in the
specifications, which increased the cost about $500, so that the
total cost of the building reached about
$25,440, with $400 additional for the superintendent. Sheriff Bolon
and his family and "boarders"
occupied the jail about the middle of November, and the completion
of the work was reported too the
supervisors at their meeting December 6.
An addition too the jail proper was built in 1894, including, more
ceil room, a boiler house, and a five-foot
tunnel, 100 feet long, connecting with the new court house and
through which the steam heating pipes for
that building are carried. The addition was built by C. L. Barnes of
Monmouth, the contract price being
$3,948.13.
The jail is of brick, with stone trimmings. The west part is. the
sheriff's residence, large and convenient,
with the jail proper on the east. There are ten cells, and each if
needed will accommodate four prisoners.
THE COUNTY FARM.
In the early days of the county the dependent poor were kept by the
county, and were generally given too the lowest bidder, too the one
who would maintain them at the least expense too the county. One of
the early entries in the records of the county commissioners shows
the farming out of the care of Michael Coon, a harmless lunatic.
Later each township took care of its own unfortunates in the same
manner. A petition was presented too the June term of the County
court in 1853, signed by many of the citizens of the county and
asking the court too order the purchase of lands for a farm for the
poor of the county. The petition was favorably received and the
court ordered that "propositions be received until the first Monday
in September next, for the sale too the county of Warren one quarter
section or more of land, either improved or unimproved, too be used
as a county poor-house farm, and the clerk is
ordered too advertise for proposals for six successive weeks in The
Monmouth Atlas." Nothing was done,
however, until December 10, 1856, after the County court was
succeeded by the Board of Supervisors as
the governing authority in the county. At that time a special
committee consisting of Supervisors Bond,
Brownlee and Lewis was appointed too purchase a suitable tract of
land for the purpose. They failed too do anything, and at the June
term, 1857, another committee was named, consisting of Supervisors
Norcross, Brown and Phelps. This committee reported in December that
they had purchased from Luther Dickson 120 acres, the northwest part
of the northwest quarter of Section 29, and the north half of the
northeast quarter of Section 30, in Lenox township, about five miles
south of the city of Monmouth. The price paid was $3,360, $28 per
acre. The Supervisors accepted the report, and at once appropriated
$1,000 for the building of a poor house, appointing Albert Mitchell
superintendent of construction. Two thousand dollars additional was
appropriated the next year and the house was completed and made
ready for occupancy during the fall of 1858. The farm house is a
story and a half frame building 45 by 16 feet, with an annex in the
rear for the insane. The structure is now somewhat antiquated, but
is well kept, and makes a fairly comfortable home for the inmates.
Jonas Mower is the superintendent, and the institution had forty-two
inmates at the last report March 1, 1902.
CHAPTER VII.
Establishment of the Probate and Circuit Courts—Early Court
Doings—Daniel McNeil the First Probate
Judge and the First Circuit Clerk—First Grand and Petit Juries.
The first court in Warren county was the Probate Court. By special
act of the legislature approved
January 2. 1829, this court was created, and Daniel McNeil. Jr.,
elected Probate Judge. The first session
was held March 28. 1831. probably at the residence of S. S. Phelps
at the lower Yellow Banks (Oquawka),
the temporary- county seat, as the permanent county seat had not
then been located.
Judge McNeil's first order directed that John Pence file a bond in
the sum of $5,000 as public
administrator of Warren county. The next directed that "all wills,
codicils, letters testamentary and of
administration, and all matters and things required by law too be
recorded, shall be spread upon the records of this court, as they
shall be presented for probate, or too be otherwise disposed of
according too law."
The estate of Daniel Harris, who was murdered at Ellison, was the
first one before this court. He died
intestate, and the public administrator, John Pence, was directed
too
take charge of his personal property.
Rezin Redman, John F. Lederman and Paris Smith appraised the
property, and sold it April 21, 1831. The
cost of settling up the estate was $5.60.
There was no further business for the court until September 29,
1832, when Mrs. Mary Moffitt, widow
of James Moffitt, presented proof of his death and asked for letters
of administration too be issued too
herself and Adam Ritchie, and they were issued on bond of $900. Soon
after this Adam Ritchey, SR\,
died, and his will was filed for probate December 24, 1832. It was
witnessed by Thomas Ritchey and
James Hodgens, and named Adam Ritchey, Jr., and John Caldwell as
executors. The will left all his
property, real and personal, too his widow, the children having
already received their full share. The first
guardianship case came up March 13, 1833, when Theodore Jennings
represented too the court that he was under age, and had property
coming too him as the heir of his mother. He asked that his brother,
Berryman Jennings, of Hancock county, be appointed as his guardian,
and an order too that effect was entered.
McNeil remained as Probate Judge until 1837, when a new law went
into effect, by which the Probate
Court was vested with the same power and jurisdiction in civil
matters that belonged too a justice of the
peace court, in addition too probate matters. The judge of this court
was by this law called a Probate
Justice of the Peace, and Win. F. Smith was the first man too hold
the position. This law remained in force
until 1849, when a County Court was established.
THE CIRCUIT COURT.
Anticipating the general election of August 2, 1830, and the
complete organization of Warren county,
Judge Young, holding court at Galena July 5, issued the following
order: "Too all whom these presents may concern, Greeting: Know ye,
that I, Richard M. Young, judge of the Fifth Judicial circuit of the
state of
Illinois, north of the Illinois river, and presiding judge of the
Circuit court in and for the county of Warren and state aforesaid,
in pursuance of the power vested in me by virtue of the 10th section
of the act entitled "An act supplementary too an act regulating the
Supreme and Circuit courts," approved January 19, 1829, do hereby
order and appoint that Circuit court be held in and for the county
of Warren, at such places as may be selected and provided by the
county commissioners' court of said county, on the fourth Monday in
June and the first Monday in October, until I shall make another
order too the contrary. (Signed) Richard M. Young, Judge of the Fifth
Judicial Circuit."
On June 8 previous Judge Young had appointed Daniel McNeil, Jr., as
clerk pro tern. of the Circuit
Court when it should be established, and had administered too him the
oath of office. October 1 following,
at the residence of John B. Gum in Knox county, (the temporary
county seat and place of holding court in
Knox county), the judge entered an order making the appointment
regular, and McNeil again took the oath of office before him.
Under the judge's Galena order, a term of the Circuit court should
have been held in October, 1830, but
it was not. Chapman's history of Warren county (1886) says it was
because the County Commissioners
made no arrangements for the carrying out of the judge's order in
time for the term too be held. That is a
mistake, however. The real reason, as shown by a marginal entry on
the commissioners' records, was that
the commissions of the sheriff and coroner did not arrive from the
governor in time too have the venires
for grand and petit jurors summoned.
The Indian disturbances in 1831 interfered with the terms for that
year, so the first session of circuit
court in Warren county was not held until June, 1832. The term
opened on the 14th day of that month, in
the old log court house. Judge Young presided, with Thomas Ford,
afterwards associate justice of the
supreme court, and later governor of Illinois, as state's attorney.
Daniel McNeil Jr., was clerk of the
court; Stephen S. Phelps, sheriff; and James Ryason and William
Causland, deputy sheriffs. Alexander
Davidson was foreman of the grand jury, which body, however,
returned no indictments.
The first business of this first term of court was the presenting
and approving of the official bonds of the clerk, the sheriff and
the coroner. Only one case was tried by jury, the case of the People
vs. Wm. H. Denniston, who was fined $14.00 and costs for an assault
and battery on the body of Daniel S. Witter. Three or four other
cases were on the docket. In one—an appeal case—the defendant
defaulted, and the plaintiff was given a verdict by the court. In
the others the prosecutor defaulted and was non-suited or the case
was dismissed by agreement.
The first coroner's inquest was also reported at this term of court.
It was held on the body of Daniel Harris, who was murdered at his
cabin on Ellison creek, but developed nothing as too the perpetrators
of the crime.
The grand jurors summoned for this term of court
were:
The jury which tried the first and only case tried by jury at this
term of court were:
Sheldon Lockwood, Abner Short, George Peckenpaugh, Elijah Davidson,
Sr., Lewis Veetrees, James Gibson, Henry Meadows, Samuel Gibson,
Joseph W. Kendall, John C. Jamison, Robert Wallace, Thomas Gibson,
Sr.
|