Pages 34 thru 38

HISTORY OF MACON COUNTY

CHAPTER V

COURT NEWS
 

_IT was a great day in Macon county when the first term of circuit court opened at the new log court house, on May 6, 1830.

So far the county had managed to struggle along without a court hosue, and probably could have done so longer, but what is a county without all its honors and privileges?  Hereafter Macon county could assume all the dignity befitting its place in history.

The new court house wasn't finished yet, when that first term was held, but what did that matter?  Real court life had begun.

Court days then were a sort of clearing house for the neighborhood.  One had to attend court to be up to date and know what was going on.  There were no newspapers then to spread the news, and each person must be on hand to get the latest information himself.

The people couldn't all get into the court house, but why worry about that?  There was as much going on outside as inside.  (Maybe more, sometimes.)

Judge Samuel D. Lockwood, one of the circuit court judges of the district, presided over the first term of court.  William Warnick was the sheriff, Daniel McCall clerk and John H. Pugh of Springfield was prosecuting attorney.  Court opened at 11 o'clock.

The docket didn't promise much excitement.  The county had not been able to round up any murder cases.  Nobody had been taken up for burglary or larceny.  No one had filed suit for divorce.  There was not even a liquor violation case.  The only thing that indicated anything interesting was two slander cases.

The four cases heard were:
Thomas Cowan versus William King, appeal.
John Hanks versus John Henderson, slander.
William Webb versus Hubble Sprague, slander.
William Webb versus Philip D. Williams, appeal.

Evidently William Webb realized the importance of having a worthy docket on that first day of court, so he provided two of the four cases.

The two appeal cases were dismissed at the cost of the defendants.

The first slander case was dismissed at the cost of the plaintiff.

The second slander case was dismissed at the cost of the defendant.

So the docket was wiped clean.

But no doubt everybody had a good time.

The grand jury was sworn in and retired to "consider presentments."  However, the jurors had nothing to consider and they returned and reported such to the court and were discharged.  The private session of the grand jury was held, according to report, in the timber south of the town, which then ended at Wood street.

GRAND JURY
 

These jurors had been named by the county commissioners court at the March term in 1830.  Previous to that, the county commissioners had selected lists of grand jurors and petit jurors, at their August meeting in 1829, to serve at a fall term of circuit court to be held at the home of James Ward.  However, there is no record of a term of circuit court held in the fall of 1829.  The juries which had been selected for that term were almost the same as the lists given above.

Road districts were laid out May 19, 1829, by the county commissioners.  William Hanks was named supervisor of District No. 1 north of the river.  John McMennamy was named supervisor of District No. 2 south of the river.¹

The county commissioners that same day took action to the effect that William Ward and Robert Smith be appointed views "of that portion of the Paris-Springfield road between the house of Widow Ward and the furrow leading in the direction from Paris to Springfield.

Old county records tell of the first local road project taken up after the county was organized.

Some of the inhabitants of Road District No. 1 had made petition for the location of a new road to begin at the east line of the county, "though near Sadorus grove," and extend west "to intersect the old trace at Long Point."  P. D. Williams, John Miller, Sr., and Henry Florey were named commissioners to locate this road.

The report of the road viewers was approved Dec. 7, 1829.

The road viewers "found that the road applied for is a useful and necessary road, and the same can be made on good ground according to the best of our knowledge."  The road was to extend from the east line "west through the prairie to the Sangamon, three miles above George Carter's, then west to Decatur, west through the south side of John Miller's farm in the direction of Long Point."  (Long Point was south of Niantic.)

ELECTION DISTRICTS

At the county commissioners court the first day of June, 1829, it was ordered that the county be laid out in two election districts for the election of magistrates and constables.

All territory north of the North Fork of the Sangamon was to be called Decatur district.  Phillip D. Williams, Henry Florey and Isaac Miller were appointed judges of election.  They were required to hold an election at the house of Parmenius Smallwood on the 20th day of the month for three justices of the peace and two constables.

All territory south of the river composed the second district, to be known as Ward's district.  Robert Foster, Michael Myers and James Ward were appointed judges.  They were required to hold an election for two justices of the peace and two constables on the 20th of the month, at the house of James Ward.

SOME FIRST RECORDS

The first deed recorded in Macon county was on Dec. 19, 1829.  John Ward and wife, Jane, conveyed to Benjamin Wilson for $250, a tract of land, the east half of the northeast quarter, section 33, Township 16 north, range One east.

The first will on record was filed Aug. 1, 1830.  It was the will of Christopher Whitman.

The first murder trial in the county was the case of Samuel Huffman for the murder of Wesley Bohrer, tried May 29, 1846.  The jury found him guilty of man-slaughter and he was sentenced to the penitentiary for five years.

The first divorce case was that of William Stuart versus Susan Stuart, in which decree was awarded Oct. 3, 1837.

THE FIRST MARRIAGE LICENSE
The bridal couple were Delilah Miller and John Whitmore.  The return is signed by John Miller, acting justice of the peace, who performed the ceremony on the 20th.

FIRST MARRIAGES

Below is a list of the marriage licenses issued the first two years after the county was organized.

In the first ten years of Macon county 260 marriage licenses wee issued.  During the first eight years there was not one divorce.

Daniel McCall, who came to Macon county from Fayette county in 1829, was a sort of handy man at the time the county was getting its start.  He was the first county clerk, the first postmaster, the first circuit clerk, the first judge of the probate court, holding most of these office at the same time. He was census taker in 1830, was a school teacher, a notary public, served in the Black Hawk war, and was otherwise useful.  However, his usefulness came to an end because of his habits, and after a few years residence here, he left the county.²

David Manley was the county's first coroner.

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¹  In 1830 there were eight road districts.  Road supervisors were among the most important men of the day then.  Among the men who were serving in that capacity in 1831 were John Blankenship, John Ward, Andew Wilson, J. A. Piatt, Charles Hanks, William Hanks, and Elisha Butler.  At the last meeting of the county commissioners in 1831 it was reported that John Ward had died, and his widow asked to be released from the responsibility of keeping up the ferry he had been running.  Her request was granted.
²  One time it was necessary to draft H. M. Gorin to act as county clerk for two days while McCall was incapacitated.  At first McCall's excuses got by the commissioners.  Patience came to an end, however, for in 1834 he was discharged as circuit clerk and H. M. Gorin appointed and in 1837 H. M. Gorin was duly elected to the office.  After that McCall's name appears no more in the records.

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