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Cumberland County, Illinois
History & Genealogy

PART II.
HISTORY OF CUMBERLAND COUNTY.
_____
By J. H. Battle

Source
:
Counties of Cumberland, Jasper and Richland, Illinois
Historical and Biographical -

Publ. Chicago: F. A. Battey & Co.
1884

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ORGANIZATION AND DEVELOPMENT
ORIGIN OF THE COUNTY.

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PUBLIC BUILDINGS

     For fourteen years Cumberland County had no public buildings.  The location of the county-seat was delayed so long that no action could be taken in this matter.  In the meanwhile temporary quarters were secured by James Ewart, who furnished room for the County Court and the Clerk of the Circuit Court, which office he first held.  Later a house was secured from Daniel Porter, and this served as courthouse for some ten years.  The Circuit Court was domiciled in an old log schoolhouse, which continued to serve as a temple of justice until a hall was secured, and then the courthouse at the county-seat.  In 1855 the County Commissioners, reciting the fact of the election by which Prairie City was made the county-seat, ordered the building of a courthouse as follows:  "Whereas, at said election Prairie City received 608 votes and Greenup 518 votes, making a majority of 90 votes in favor of Prairie City; and, whereas, it is made the duty of the County Court of Cumberland County, by the terms of said act in the event of a majority of the votes east at said election being in favor of the removal of the seat of justice to Prairie City, to procure suitable public buildings for the public officers of said offices of said county, and also to provide a suitable place for holding court in said Prairie City.  It is therefore ordered by the court here, in pursuance of the provisions of said act, that a brick courthouse be erected upon the public square in the said town of Prairie City, of the following dimensions, to-wit: __ feet long, and __ feet wide, and the side walls of the house to be twenty-eight feet high from the ground, and made of good merchantable sand-moulded brick, and to stand upon a foundation of limestone, to be two feet below and two feet above the surface of the earth, the top foot to be of cut rock, hammer-dressed, and be well bedded and laid in lime mortar; and said building is to be covered with sound joint shingles, and finished in a neat and substantial manner; and it is further ordered that the Clerk of this county receive sealed proposals until the last day of this month for furnishing the materials for the construction of said building, and also for the mechanical work in erecting the same according to such plans and specifications as may be furnished by the court previous to the time of letting said contract, and that James Redfern, Esq., be and he is hereby appointed a committee to superintend the erection of

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to the courthouse and other public buildings at Prairie City."  This was done in June, 1855.  In the  meanwhile Charles Hubbard was appointed agent of the county to make contracts and supervise the construction, because of the hostility of the County Clerk to the removal of the seat of justice.  In the following December a contract was made with Bennett Beals and Wiley Ross for the erection of a courthouse at a cost of $10,500, the building to be enclosed by

 

 

 

 

 

 

 

 

 

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FIRST COURTS AND JURORS.

     The first Circuit Court was held in the village of Greenup, and presided over by Hon. William Wilson, a man of eminent judicial ability, with Alfred Kitchell as State's Attorney, and James Ewart as Clerk.  The Grand Jurors that served on this court were as follows:  M. Ruffner, foreman, Matthias Roberts, William Hutton, James Carpenter, Eleana Bright, James Phipps, Samuel Owings, Samuel B. Fairbanks, Jorden Brown, Benj. Drummond, Stephen Wait, Chipman Webster, John D. Gardner, R. K. Boyd, Jas. Cisna, William E. Smith, John Feltner, David F. Smith, and David B. Frizzell.  It is reported that this jury when convened in council presented a very grotesque and novel appearance.  During the time they were transacting business they were as sanctimonious as a Presbyterian deacon, but as soon as an interval of leisure interposed they would straddle their oaken benches in pairs, vis-a-vis, and engage in the harmless but scientific game of "mumble peg," or make a practical demonstration of each other's capacity as a "high low jack in the game."  To be skilled in this latter accomplishment was as fashionable and indispensable in those days as it was requisite for a swallow-tail coat of home-made jeans to be "covered all over with shining buttons."  "Old Davy Wisner" seems to have been among the first

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unfortunates that was introduced to this august body of jurymen as a malefactor and flagrant violator of law and order, and although indicted was discharged and acquitted on final trial, with the exception of one charge of nonfeasance of his office as Justice of the Peace, for which offence he was mulcted to the tune of five dollars.
     At this time Cumberland was struck off from Coles County.  The last assessment of taxes had not been collected, but, under a provision of the act forming the new county, Coles was authorized to collect it.  The new county people looked upon this transaction as legal robbery, and felt that it should be properly have been turned over to help the new organization bear some of the new burdens of independent government.  However, the courts could not wait for the people to pay taxes again, nor indeed for a courthouse to be built, so an old log schoolhouse was converted into a temple of justice, and, in justice and respect to the officials and attorneys of that day, it must be said that suits were as hotly contested, law and equity as impartially death out, and the cause of the client as ably and earnestly advocated in the old schoolhouse, as though it had been a costly stone structure, erected at a cost of a million and a half dollars.  Some of the attorneys who attended court in this building have since attained great celebrity.  Among others was Abraham Lincoln.  One case in particular in which Mr. Lincoln participated was the notorious "Lustre Case," which was brought here on change of venue from Coles County.  The charge against Lustre was an assault with a deadly weapon, with intent to murder.  Lustre was ably and earnestly defended by Lincoln and . B. Ficklin, and prosecuted by States Attorney KitchellLustre was convicted, but through the efforts of his counsel was afterward pardoned by the Governor on petition.
     Judge Wilson held the first circuit court in this county.  He was an able jurist, firm and unwavering in the discharge of his duties of his position, and yet full of sport, and enjoyed an hour of pastime or a good joke as well as anyone.  He was a lover of good horses, and was frequently a witness of the horse races which were so common here in the early day, but while enjoying the excitement with the keenest zest he was never betrayed into backing his opinions with a bet.
     The old log structure which served so excellent a purpose as schoolhouse and courtroom, stood for several years, serving in this double capacity.  It subsequently served as a warehouse, but has long since passed away, and its site is almost forgotten.

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COUNTY OFFICIALS

     The general administration of county affairs in 1843, was in the hands of three Commissioners.  In accordance with a provision of the organizing act the Commissioner receiving the highest number of votes was to serve for the full term of three years, the one receiving the next highest vote was to serve two years, and the remaining one to serve one year.  The first, a special, election was held Apr. 3, 1843, and in the following August the regular election occurred, in both of which the same choice was made for his office.  The Commissioners of the county have been, therefore, in 1843 - James Gill, for three years; David T. Wisner, for two years; Charles Chowning, for one year.  In November, 1843, Amos G. Lacey was elected in place of Chowning, resigned; 1844 - Isaac Hedges; 1845 - David T. Wisner, re-elected; 1846 - James Wright.  In the same year Meredith Hazelwood was elected to fill the vacancy caused by the resignation of Hedges.  In April, 1847, Jas. D. White was elected to fill the vacancy caused by the death of Wright; 1847 - Meredith Hazelwood, elected his own successor for full term; 1848 - John Vandike for full term, and Wm. Helm in place of Hazelwood, deceased.
     On Apr. 13, 1849, the act of the legislature establishing a County Court in each county, went into effect.  By this act the regular election, which had been in August, ws deferred to the Tuesday after the first Monday in November.  The court organized by this act consisted of a County Judge and two Associate Justices, whose term of office was four years.  The Judge alone had jurisdiction in matters pertaining to the probate practice and law, and the three together had charge of all county business hitherto devolving upon the Commissioners.  The first court was elected November, 1849, and resulted as follows: James M. Ward, Judge; Thomas Brewer, and J. H. Williams, Associates.  November, 1852 - John S. Smith was elected to fill the vacancy caused by the resignation of Brewer.  1853 - W. E. Smith, Judge; Jas. Redfern and Jas. Gill Associates.  1857 - W. E. Smith, Judge; Jas. Gill and M. B. Ross, Associates.
     In 1859 the county voted to adopt the township organization provided by law, and in April, 1861, elected a Board of Supervisors.  The following is a list of those who have represented the various townships in this capacity: 

Sumpter Township -

W. M. P. Rush - 1861 to 1865;
W. L. Morton - 1866;
Thomas Brewer - 1867 to 1868;
D. D. Judson - 1869;
C. Woods - 1870;
M. D. Ross - 1871;
D. B. Green - 1872;

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David Neal

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M. Ray - 1873 to 1874;
James A. Elder, Sr., - 1875;
A. D. Morton - 1876;
Montraville Ray - 1877;
Benjamin Cooter - 1878;
D. D. Judson - 1879;
J. R. Richardson - 1880;
Ezra Stitt - 1881;
Henry Green - 1882;
A. A. Lovins - 1883;

Neoga Township -

John G. Morrison, 1861;
Aaron Peterson, 1862;
William Neal, 1863;
J. M. Reynolds, 1864 to 1865;
John LaDow, 1866 to 1867;
Thomas A. Apperson, 1868 to 1874;
D. W. Ragsdale, 1875;
Samuel F. Wilson, 1876;
C. P. R. Rodgers, 1877;
James M. Ewing, 1878 to 1880;
David Neal, 1881;
J. D. Morrison, 1882 and 1883.

Cottonwood Township -

Joseph King, 1861 to 1863;
Reuben Bloomfield, 1864;
Nathan G. James, 1865;
M. G. Ryan, 1866;
Joseph King, 1867;
Samuel Brown, 1868;
H. B. Russell, 1869 to 1870;
William Berry, 1871 to 1872;
F. Dunsing, 1873;
W. L. Ryan, 1874 to 1875;
H. B. Russell, 1876 to 1879;
William Berry, 1880;
Garrison Tate, 1881;
C. P. R. Rodgers, 1882;
James A. Carrell, 1883.

Union Township -

Matthias Roberts, 1861;
D. B. Green, 1862;
John G. Morrison, 1863;
James E. Stanford, 1864;
N. L. Scranton, 1865;
James E. Stanford, 1866;
A. J. Snarly, 1867;
John Redma, 1868 to 1869;
S. S. Yanaway, 1870;
John Redman, 1871 to 1872;
J. Baumgartner, 1873;
J. C. Miller, 1874
[J. S. Reed, elected December, 1874, vice Miller, removed from township];
John Redman, 1875;
William Classon, 1876;
John Redman, 1877 to 1879;
A. J. Carr, 1880;
John Redman, 1881 to 1882;
A. A. Neal, 1883.

Crooked Creek Township -

W. J. R. Leigh, 1861 to 1865;
Walter A. Ruffner, 1866;
W. J. R. Leigh, 1867 to 1868;
Thomas F. Kelley, 1869 to 1874;
W. H. DeBord, 1875;
Henry Welker, 1876;
W. H. DeBord, 1877 to 1878;
George W. Sarter, 1879;
W. H. DeBord, 1880 to 1882;
G. W. Sarter, 1883.

Greenup Township -

James Ewart, 1861;
John J. Kellum, 1862;
William Neal, 1863;
Warren Covill, 1864;
John Feltner, 1865;
John J. Kellum, 1866;
G. Monohon, 1767 to 1876;
Edward Talbott, 1877 to 1878;
John Weatherholt, 1879;
E. Talbott, 1880 to 1883.

Woodbury Township -

John W. Aleshire, 1861 to 1862;
David T. Wisner, 1863 to 1864;
Daniel Kingery, 1865;
Levi Farmer, 1866;
J. W. Aleshire, 1867;
W. R. Patterson, 1868;
John W. Aleshire, 1869 to 1870;
William Cullum, 1871;
James Russell, 1872;
William Cullum, 1873;
Henry A. Good, 1874
John L. Ivens, 1875;
William McElhaney, 1876;
H. A. Good, 1877;
Joseph Berry, 1878;
James McElhinney, 1879;
A. M. Farmer, 1880 to 1881;
William McKinney, 1882 to 1883.

Spring Point Township -

James Wisely, 1861 to 1863;
Thoda Garrett, 1864;
James Wisely, 1865;
James B. Smith, 1866;
James Wisely, 1867;
James B. Smith, 1868 to 1869;
Stephen Smith, 1870;

     The following are the other officers from 1843 to the present, 1883.

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Clement Uptmore - 1871 - 1872;
James B. Smith - 1873 to 1874;
Frank Shumaker - 1875;
Louis Schi - 1876 to 1877;
Charles McElhinney - 1878;
Louis Schi - 1879;
Louis Schooley - 1880;
Louis Schi - 1881 to 1883;

The following are the other officers from 1843 to the present, 1883.

     Sheriffs. - The Hon. E. H. Starkweather was the first representative to the Legislature the county ever had, and took his seat in that body in the year 1844, and faithfully and ably represented the county and its interests.  And during his legislative term he succeeded in having an act passed for the  relief of Thomas Sconce, Sheriff, who had failed to make a settlement with the State Auditor, and pay over the State revenue due from the county.  At that time the Sheriff was also ex-officio Collector, and was eligible to office as often as the people saw fit to elect him, and was only legally disqualified by failing to make proper settlement with the State and county, and get a clearance, or as it was in legal parlance called a "quietus."  Mr. Sconce failing to receive his "quietus" from the State Auditor, upon his second election, was refused b the Auditor his commission as Sheriff, but being a man of great popularity, and full of that magnetic power that drew and bound the people to him, went before the people for their endorsement and re-election, saying, "well, boys, it is true, I did not pay the money over to the State, and get my "quietus,' simply from the fact that I never collected it - you have the money, and if anybody is defaulter, it is the people themselves."  And the people believed him, and such was their confidence in him that they re-elected him by an increased majority over his former vote.  After this popular demonstration in his behalf the Auditor commissioned him, and he served as Sheriff from 1843 to 1848, about which time he died.  Mr. Sconce never did pay for deficit, and Hon. E. H. Starkweather, as above stated, had an act passed relieving his securities from the burden. 

Thomas Sconce, from 1843 till 1848;
Edward Talbott, from 1848 till 1850;
B. F. Aleshire, from 1850 till 1852;
Thomas Brewer, from 1852 till 1854;
C. C. Jones, from 1854 till 1856;
B. F. Aleshire, from 1856 till 1858;
Edward Talbott, from 1858 till 1860;
Henry Rhodes, from 1860 till 1862;
E. S. Meeker, from 1862 till 1864;
John Prather, from 1864 till 1866;
Henry Rhodes, from 1866 till 1868;
John Prather, from 1868 till 1870;
Edward Bumgartner, from 1870 till 1872;
Henry W. Green, from 1872 till 1876;
James A. Candlish, from 1876, and is the present incumbent.

The term of office is now four years.

     Circuit Clerks. - Under the constitution of 1848 the Recorder's

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office was an independent one, and Otis Perry was the first, and A. K. Bosworth the second to fill this office.  Under the new constitution the Circuit Clerk was made ex-officio Recorder, and the independent office abolished.  The Clerks have been

James Ewart, from 1843 till 1852;
Edward Talbott, from 1852 to 1856;
S. D. Tosey, from 1856 till 1864;
Edwin S. Norfolk, from 1864 till 1872;
Andrew Carson, from 1872 till 1876;
W. L. Bruster,   from 1876, and is the present incumbent.

The term of office is four years.

     County Clerks. - In 1855, when the county-seat was removed from Greenup to Prairie City, A. K. Bosworth, who was then County Clerk, refused to move to the new county-seat as the law required, and was finally, upon an order of the court, removed from office, and A. G. Caldwell appointed in his place.  The recalcitrant Clerk made an excellent officer, and was highly esteemed for his many good qualities as a man, but being determined to make his own village the county-seat, he could not endure defeat with equanimity.  In this he had the sympathies of the community of Greenup, and in 1857 was re-elected, over Mr. Caldwell, to his old position.  Legally, he was clearly in the wrong in his opposition to the removal of the records, and yielding to the inevitable, he went to the new county-seat, where he filled the office of Clerk for the ensuing four years.  The County Clerks have been

John F. Holley, from 1843 till 1847;
A. K. Bosworth, from 1847 to 1856;
A. G. Caldwell, appointed, from 1856 till 1857;
A. K. Bosworth  from 1857 till 1861;
A. A. Lovins, from 1869 till 1873;
W. R. Humphrey, from 1873 till 1877;
L. B. Ross, from 1877 till 1882; 
G. M. Lemen, from 1882, and is the present incumbent.

The term of office is four years.

     County Judges. - This office was created under the Township Organization Act, but in 1843 an officer possessing similar powers was elected, and termed the Probate Justice of the Peace.  E. H. Starkweather was first elected to this position in 1843.  In the August election he was elected to the legislature, and J. M. Ward was elected to the Justice's position, which he continued to fill until the constitution of 1848 transferred the duties of this office to the County Court.  He was then elected Judge, as before noted.  As at present understood, the first County Judge was

H. B. Decius, from 1861 till 1865;
Reuben Bloomfield, from 1865 till 1869;
Wiley Ross, from 1869 till 1873;
John W. Miller, from 1873 till 1882;
L. L. Logan, from 1882, and is the present incumbent.

     Treasurers. -

Abram Trease, from 1843 till 1845;
S. W. Huffcutt, from 1845 till 1850;

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W. L. Morton, from 1850 till 1861;
John Vandike, from 1861 till 1863;
Andrew Carson, from 1863 till 1871;
A. J. Edwards, from 1871 till 1875;
T. L. Norman, from 1875 till 1877;
John W. Goodwin, from 1877, and is the present incumbent.

 

     Surveyors - There is no record of any election to this position in Cumberland County before 1847.  At this date record is made of the employment of Thomas Sconce.  In 1848 the records note the employment of John W. Aleshire.  In 1849 William E. Smith, wsa elected, and served until 1853;

William Jones, from 1853 till 1857;
George Moreland, from 1857 till 1861;
William Jones, from 1861 till 1869;
W. H. Rissler, from 1869 till 1872;
William Wyldes, from 1872 till 1879;
George Moreland, from 1879, and is the present incumbent.

     County School Superintendents. - This official originally had principally to do with the school lands in the county, and the distribution of the school funds.  Under the school law of 1855, and subsequent enactments, the duties of the office were enlarged, and the County Superintendent of Schools established.  The gentlemen who have filled the position in Cumberland County are

D. C. Decius, from 1843 to 1845;
J. F. Holley, from 1845 - February, 1847,  
William Freeman was appointed to fill vacancy caused by death of Holley;
L. H. Goodwin, from 1847 till 1851;
A. K. Bosworth, from 1851 till 1853;
H. C. Woodworth, from 1853 till 1855;
Reuben Beals, from 1855 till 1857;
H. B. Decius, from 1857 till 1861;
L. H. Goodwin, from 1861 till 1865;
William E. Lake, from 1865 till 1873;
T. C. Kille, from 1873 till 1877;
Henry J. Crosscup, from 1877 till 1881;
W. E. Lake, appointed for 1881;
Samuel C. Miller, from 1882, and is the present incumbent.

     The term of office is now four years.

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