CHAPTER IX.
CIVIL HISTORY OF MOULTRIE COUNTY
Pg. 65

     Prior to 1843 that portion of Illinois now known as Moultrie county, was a part of Macon and Shelby counties; the larger portion of territory belonging to Shelby County.  As its formation and vicissitudes will always prove interesting to the people of the county, we will here give a brief history of the trials it underwent.

     In 1841 the people of the northern part of Shelby county, and the south-eastern portion of Macon county, presented a petition to the legislature to take a portion off each county and form a new one, to be called Okaw county.  A. H. Kellar, who lived in the Macon county territory, and John Cook, from Shelby county, succeeded in log-rolling the petition through both houses; but with the incubus attached that it was to be submitted to a vote of Shelby county for ratification at the next regular election.  The vote was against ratification, and thus Okaw county became a dead letter.

     Again, in the fall of 1842, another petition was circulated and presented to the legislature as soon as it convened.  This petition embraced the present territory of Moultrie county, including one whole tier of townships off the west side of Coles county, also to have the south-western boundary of the county an unbroken line instead of the notches, as is now the shape.

     There were two factions within the boundaries of the district of the proposed new county, One of these factions was led by John Fleming; the other by John Cook.  The bone of contention was the location of the county seat.  There were the two towns, Julian and East Nelson, both desiring it, on the one hand, and the problematic town, somewhere on the West Okaw - Cook's choice - on the other.  A. H. Kellar and John Cook were chosen to present the petition to the legislature.  It met with considerable opposition from the Shelby county people, but a certain compromise was effected, which accounts for the very irregular shape of the south-western border of the county.  Messrs. Kellar and Cook returned home, thinking all things were arranged for a speedy passage of the act creating the proposed new  county; but only a few days had elapsed when Mr. Kellar received information from S. G. Nesbit, representative from Macon county, that a remonstrance, with four hundred names attached, from the citizens of Coles county were opposed to any part of that county being cut off from their territory.  Mr. Nesbit further stated that if that objectionable feature of the petition could be stricken from it, they would be able be able to get the bill through.  The Coles county townships were accordingly lopped off, and the new county was formed.

     It should be mentioned here, that the above petition provided that the new county should be named Fleming; but through a partisan feeling on that part of the representative from Shelby county, he declared he would have nothing to do with establishing a county to be called Fleming.  The result was that there was a second compromise, and Mr. Williamson, the Shelby county representative, had the honor of naming the new county.  He named it in honor of Col. William Moultrie, of early military fame.

     In accordance with the above petition, the following act was passed and signed by the Governor, February 16th, 1843:

     An Act for the formation of the county of Moultrie.
     SEC. 1.  Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all that tract of country, lying within the following boundaries, to-wit:  Beginning at the north-east corner of the township fifteen north, range six east of the third principal meridian, thence, west to the north west corner of section three, township fifteen north, range four east, thence south three miles, west three miles, south eleven miles, east five miles, south four miles, east four miles, south one mile, east one mile, south one mile, east one mile, south one mile, east one mile, south two miles, east six miles to the range line between ranges six and seven, thence north to the place of beginning, shall be constituted a new county, to be called Moultrie.
     SEC. 2.  The legal voters residing within the aforesaid boundaries, shall meet at the usual places of holding elections, on the first Monday in April next, and proceed to elect one sheriff, one coroner, one recorder, one county surveyor, one probate justice, one clerk of the county commissioners' court, one treasurer, one school commissioner, and three county commissioners; the person receiving the highest number of votes for county commissioner shall remain in office for two years from the first Monday in August next; the person receiving the next highest vote for county commissioner shall remain in office for one year from the first Monday in August next; and the person receiving the lowest vote for county commissioner shall remain in office until the first Monday of August next; the other county officers shall hold their offices until the next succeeding general election, and until their successors are elected and qualified.
     SEC. 3.  The seat of justice of said county of Moultrie shall be at the residence of James Camfield of said county, until otherwise ordered by the county commissioners' court of said county, but the seat of justice of said county shall not be permanently located by said commissioners' court until further legislation in relation thereto.
     SEC. 4.  The present judges of election residing within the boundaries of the county of Moultrie shall conduct the elections provided by this act in all respects agreeable to the laws regulating elections, and shall make returns of the poll books of their respective precincts within five days after election.  Abraham H. Kellar, William Thomason and James Elder, acting justices of the peace; and the said justices, or a majority of them, shall meet at the house of James Camfield within ten days after the said election, and it shall be the duty of the said justices of the peace to open and compare the poll books, to make out and deliver certificates to the persons elected, and to return an abstract to the Secretary of State in the same manner as is now required of the clerks of county commissioners' courts in like cases.
     SEC. 5.  The county commissioners shall meet as a court within twenty days after their election, and shall proceed to lay off their county into justices' districts, and transact such other county business as may be deemed necessary.
     SEC. 6.  It shall be the duty of the justices of the peace named in this act, to give at least twenty days' public notice of he time and places of holding the elections provided for in this act, by posting up notices in at least six public places in said county.
     SEC. 7.  The school funds belonging to the several townships in said county, together with all the interest arising from said moneys, and now in the hands of the school commissioners of Macon and Shelby counties, and all notes and mortgages appertaining to the same, shall be paid and delivered over to the school commissioners of the county of Moultrie, as soon as the county shall be organized, and a school commissioner elected and qualified according to law.
     SEC. 8.  It shall be the duty of the clerk of the county commissioners' court, as soon as may be after the election of county officers, to inform the judge of the eighth judicial circuit that the county is organized, and the said judge shall thereupon appoint a clerk, and fix the time for holding the circuit court, and said county shall form a part of the eighth judicial circuit.
     SEC. 9.  That elections for senators and representatives to the General Assembly shall continue to be conducted as though no division had been effected, and the clerks of the county commissioners' courts shall return abstracts of said elections to the clerks of the county commissioners' courts of the counties of Macon and Shelby, until otherwise provided by law.
     SEC. 10.  The county commissioners' court of the county of Moultrie shall, at their first term, appoint one or more suitable persons to meet with the county commissioners of Macon county at their June term, one thousand eight hundred and forty-nine, and ascertain the proportion of the court-house debt of Macon county, which the inhabitants taken from Macon and forming a part of Moultrie county, have agreed by their petition to pay, and in the apportionment and payment of the said money the commissioners of Macon and Moultrie counties shall be governed in all respects according to the provisions of the eleventh section of the act entitled "an act for the formation of Piatt county."  Provided, that said apportionment be based upon the assessment lists of one thousand eight hundred and forty-two.
     SEC, 11.  The money to be paid by the county of Moultrie to the county of Macon shall be raised by additional assessment on the inhabitants residing within the boundaries taken from the county or Macon, and nothing herein contained shall be so construed as to make liable the inhabitants residing within the territory taken from the county of Shelby for any portion of the money made payable to the county of Macon under the provisions of this act.
     Approved February 16th, 1843
                                                                          THOMAS FORD, Governor.

     This part of Moultrie county's history would be incomplete if a certain part of it were not presented here.  As will be seen, the Organic Act required that those citizens residing in that part of Moultrie county that was taken from Macon should pay their proportional part of Macon county's court-house debt then existing.  As no assessment was ever made for that purpose, it may be interesting for the old settlers of Moultrie county to know why it was never required.  There was a certain "slip" in the petitions circulated in Macon county for the establishing of the new county, and the citizens of Moultrie took advantages of it.  They were governed by the old-time principle, "Interest is the governing principle of nations as well as individuals," and governed themselves accordingly.  Great efforts were made on the part of Macon to compel those on this side of the line to live up, as they claimed, to the petitions creating the act for the new county; but all efforts signally failed.  George W. Powers, then representing the people of Macon county, believed that to force this indebtedness upon the people of Moultrie county would be an act of injustice, covertly opposed all measures offered to that end; and the result is, as all know, no revenue was ever paid out of the treasury for that purpose.  We quote from the language of one of our oldest and most esteemed citizens.  He says: "He (Powers) was not paid by Moultrie for this act; his pay was in a consciousness of having done his duty.  Not only did Macon not know who Moultrie's friend was; but Moultrie, until now, never know.

LOCATING THE COUNTY SEAT.

     It will be observed from the above act, the county seat could not be located until further legislation; and hereby hangs a tale.  It must

THE FIRST ELECTION FOR COUNTY OFFICERS

THE FIRST OFFICERS ELECTED.

     Were John A. Freeland, clerk of the county commissioners' court; Isaac Walker, sheriff; A. B. Lee, coroner; Jno. A. Freeland, recorder; Hugh Allison, surveyor; David Patterson, probate justice; John Perryman, treasurer and school commissioner.
                                                                                                                                            R. B. EWING
                                                                                                                                            A. H. KELLAR
                                                                                                                                             GEORGE MITCHELL

COUNTY COMMISSIONERS' COURT.

COUNTY COMMISSIONERS' COURT.

CLERK'S OATH.

FINANCES OF THE COUNTY AT ITS FIRST SETTLEMENT WITH THE TREASURER.

COURT INCIDENTS AND ANECDOTES.

FIRST DEED PLACED ON RECORD AFTER THE COUNTY WAS ORGANIZED.

THE FIRST MARRIAGE LICENSE.

was issued by John A. Freeland the 11th day of April, 1843.  The contracting parties were David Strain and Mrs. Susanna Ball.  She lived in Shelby county, but the groom lived in Moultrie.  They were married by, and at the house of Squire Amos Waggoner, the father of J. H. Waggoner.

     Apropos of the foregoing, Mr. Freeland issued another license only two or three years afterward, the obtaining of which was so unique in its character that this subject would be incomplete if omitted.  The parties to be married were William C. Ward and Miss Askins.  Now, William was in somewhat straitened circumstances, so much so, at least, that he was not able to go to Shelbyville to procure the license (the bride lived in Shelby county).  Mr. Ward was well acquainted with "Uncle Johnny Freeland, the county clerk, so that he approached Mr. Freeland, and frankly told him he wanted to get married, but was not able to pay for the license; that if he would issue him the license he would pay him in a short time with shingles.  The license was issued, and William went away happy.  The shingles were furnished as per agreement, and the first house built in town by Mr. Freeland was covered with those shingles.  It is only a year or two since the carpenter tore away the old relic.

THE FIRST GROCERY LICENSE.

     The first house built upon the court-house square was first used for a saloon.  It was built upon the ground now occupied by the City Book Store.  The license was taken out by the firm of Snyder & Cox.  According to the order passed by the Board, they had to pay $25 for the same.  This was in the summer of 1846, but we find form the record that from some cause it was rescinded in March following, 1847.  This was not the first saloon kept in Sullivan, but it was the first that was licensed.  In 1845 Joe Earp kept a saloon in the same building, no license then being required.

FIRST CIRCUIT COURT.

     As there was no court house, and in fact no county seat, at the organization of the county, the first circuit court was held at the residence of James Camfield, the second week in May, 1843.  Judge Samuel H. Treat, now Judge of the United States District Court at Springfield, was then upon the bench.  The all-absorbing case then on the docket was the case of The People vs. John Garner.  Alexander Dunbar and J. Wilson Ross were attorneys for the defendant, and James McDougal, afterwards United States Senator from California, was State's attorney.  It seems from the indictment that said Garner was charged for an assault to kill with an ax one Greenbury Cunningham; but through the good engineering of the defendant's counsel, or tough swearing on the part of his witnesses, Garner was acquitted on the plea of self defense.

     There is one other case that occurred only two years afterward that cut such a figure in Moultrie county's first history that we cannot refrain from introducing it under this head.  We have carefully traced page after page of the county commissioners' record in order to give in full the cost to the county of this case; and we will say here that the case referred to cost the county more than one-half of its entire revenue of that year.  It occurred in 1845.  We have reference to the case of The People vs. Robert A. Barry (Berry). We simply give the items of expenditure as gleaned from the record of the county commissioners, of allowances made to different parties who were entitled to certain expenses, etc.:

     It will be seen from the above that the criminals from Moultrie county were mainly confined in the Coles and Macon county jails.  In later times, before the new jail was constructed in this county, the prisoners of Moultrie county were taken to Shelby county for safe keeping.

COURT HOUSE
PUBLIC BUILDINGS, MOULTRIE COUNTY, ILL.

THE FIRST VENIRE OF GRAND JURORS

were as follows:  William Hendricks, William G. Hayden, John W. Edwards, John Canady, Henry Miller, Levi Patterson, James Elder, Thomas Fulton, Elias Canedy, David Mitchell, David Strain, Daniel Pea, Jeremiah Souther, Rowland Hampton, Benjamin Sims, Levi Fleming, Albert G. Snyder, James Poor, John Roney, James Freeland, Parnell Hamilton, James H. Vanhise, and Milton Cox.

     The second grand jury, which was for the October term of court 1843, was John Shutters, James Cunningham, jr., Samuel Fudge, Allen Clore, A. G. Snyder, Tobias Rhodes, Robert Crowder, E. M. Lansden, Partlett Everman, James H. Roney, George Nevell, sen., Jesse Ellis, William Purvis, John Seass, Joshua Patterson, Mathias Snyder, Andrew Gamel, John Chamberlain, Philip Armantrout, William Scott, John E. Graham, Samuel Hudges, and Benjamin H. Syler.

     The following comprised the first petit jury:  William Welch, E. D. Cleveland, Joel Kellar, Larkin Beck, George Thomason, Joshua Roney, James Fruit, Joseph Montague, Jacob McCune, James Hudson, John Fleming, sen., William Patterson, John G. Purvis, James Gardner, William Snyder, John Hendricks, Wright Little, Samuel Scott, J. W. Lovings, and Samuel Wright.

     The second petit jury were as follows:  Samuel Egbert, Philip Vandakin, William Snyder, Samuel Morison, Allen Davis, Archibald Butts, Samuel Hughes, Reece Lee, Joseph Cloud, James Camfield, Frederick Hoke, George Purvis, Clisby Ellis, Levi Patterson, William Siler, John Thomason, W. R. Lee, John Brown, John G. Purvis, Hiram Welton, John Ginn, John Fielton, Martin Luther, John Fleming, and James Kellar.

     The first indictments were found in the May term, 1843, against Wilson B. Hamblin, and Edward Thomas, for making and passing counterfeit money.  They were tried at the following term of court, convicted and sent to the penitentiary for a term of years.  We find the following in the record of the county commissioners' court:  'Ordered, that J. McDougal be allowed $20, for fees in the cases of Edward Thomas, and Wilson B. Hamblin convicts to the State prison."

     The first murder trial occurred in the September term of court in the fall of 1846.  One George Case was charged with the killing of his son, George Case, jr.  Resulting from this case we find the following from the records of the county commissioners' court: 
Lewis J. Berry, coroner, was allowed $6.75 for holding an inquest on the body of George Case, jr.  This was the first inquest held in the county."  "Willis Johnston, jailor of Macon county, was allowed $5.62½ for holding an inquest on the body of George Case, jr.  This was the first inquest held in the county."  "Willis Johnston, jailor of Macon county, was allowed $5.62½ for keeping the said prisoner,  George Case.  J. W. McCoy was allowed 37½ cents for repairing and fastening on the chains of said prisoner."  The evidence elicited in the foregoing case is substantially as follows:  The elder Case had a man working on his farm by the name of Burns.  George Case, jr., son of the accused, had taken a great liking to this man Burns.  The father had contracted through some cause, a wonderful hatred to Burns and had forbidden his son to have anything to do with him.  He afterwards caught the boy in conversation with Burns, and proceeded to give him a severe castigation for disobeying him.  A day or two afterwards the boy was at the house of James Kellar, and the collar of his shirt being open, Mrs. Kellar was that some dark purple spots appeared upon his neck and shoulders.  She thought that perhaps he had been gathering berries, and asked him with regard to it.  The boys replied that his father had whipped him.  Mrs. Kellar then examined his person further, and found that he had been fearfully bruised by some means.  She also called the hired girl - who was a witness in the case - to bear her out in what she had seen.  The boy died a few days afterward.  It was soon whispered around that there had been foul play, which caused the death of the boy.  The body was exhumed, and a coroner's jury empannelled by the coroner, L J. Berry, to sit upon the case, and decide according to the merits and evidence that should be developed at the inquest.  Doctors A. H. Kellar, B. B. Everette and Hendricks were called to examine the deceased.  After hearing the testimony of the physicians, the jury decided that death was caused by inflammation, resulting from severe bruises upon the back and shoulders, also a violent stroke upon the side of the head.  Case was accordingly arrested, and placed in the custody of the proper officers.  He engaged an attorney by the name of J. W. Wheat - who, in fact was the first lawyer that practiced law in Moultrie county - to defend him.  Wheat managed to sue out a writ of habeas corpus, and got the case transferred to Springfield.  The result was, that but little of the evidence could be gotten before this court, and in consequence of which this Case was discharged.  He, however, absented himself from the county after his acquittal.

     The first census was taken in 1845.  We are not able to give exact number, but it was not far from 3000.  John Fleming was the census official.  There was one striking peculiarity with regard to it.  There were just 480 males, and 480 females under the age of ten years.  The census of 1880, taken from the official report, is 13,539.

     The first probate court was held at the private residence, - about two miles south of the present city of Sullivan, - of David Patterson; he (Patterson) being elected the first probate judge.  The first business transacted was the probating of the estate of Hugh Allison, first surveyor elected in Moultrie county.  The estate of Thomas Howe was also administered upon, and Reuben B. Ewing was the administrator of the estate.  Further than this, we are unable to furnish anything, on account of the destruction of the record in 1864.

FIRST COURT HOUSE.

THE FIRST JAIL.

     The first jail, as is already known, was in the north-east corner of the basement floor of the old court house.  It was divided into two departments; the jail room proper, and the "dungeon."  On account of its inadequacy for jail purposes, it was never used in only two or three cases.  One informant tells us that nothing but a jack-ass was ever confined in it, (a practical joke of the boys).  But the more reliable history is, that one Hiram Davis, confined there for cattle-stealing, bored his way out with a small gimlet.  In another case, a prisoner, by a little exertion, dug through the brick wall and escaped, and has never been heard from since.  Before the construction of the present jail, the Moultrie county prisoners were taken, as before mentioned, to adjoining counties, for safe keeping.

     The present jail was built in the spring and summer of 1876.  The contractors were P. J. Pauly & Brother, of St. Louis.  The specifications, etc., were drafted by N. P. Guffy.  It was to be a brick structure, and in size 32 by 52 feet, and two stories high.  There were fifteen bids submitted; the lowest being by Pauly & Brother, for $6,972.  James T. Taylor was appointed by the board of supervisors to superintend the work for the county.

     The wood work was sub-let to William Bushman for $1,400.  The brick work was done by John F. Miller, and the plastering by Nichols Brother.  The lower story is conveniently arranged for domestic purposes of the sheriff.  The second story is divided into two halls, besides the prisoners' room.  The first hall you enter from the stair-way, is completely cut off by iron grating from the second hall.  The second hall is next to the prison proper, and is effectually barred from the cell-room.  The latest patent locks and appurtenances are used in these halls.  There are eight iron-clad cells - four on each side of the hall - in which the prisoners recreate.  At this writing there are but four prisoners confined in the jail. - two for larceny, one for rape, and one for murder.

     The first overseers of the poor were A. Love, of Lovington precinct; James Roney, of Thomason precinct; John Fulton, of Julian precinct; and Milton Cox, of East Nelson precinct.
     The county poor farm was purchased the 6th day of August, 1864, at the suggestion of Judge J. E. Eden, who was afterwards appointed one of the commissioners to negotiate for its purchase.  It contains two hundred acres, one hundred and sixty acres of prairie and forty of timber, and it cost $5,800.  It was paid for out of part of the proceeds of the swamp land funds.  The property was bought from Eli York, and is generally known as the old Greene Camfield farm.  It has an excellent orchard, and a fairly convenient farm house for its purposes.  William Crouch was the first poor-master, and started in with five inmates.  There are but four paupers at this time.

     The first assessment made in the county was twenty-five cents on the hundred dollars.  According to the record, the fist assessors' book that was made out for which any pay was received, was in the year 1848.  We copy the following from the record: "" Ordered that John A. Freeland be allowed $19.87 for making out a book for the assessor, and preparing the same from the collector for the year 1848."  

ASSESSMENT OF MOULTRIE COUNTY FOR 1858.



 

JUDGES OF PROBATE.

     David Patterson was elected first Probate Judge in 1843, and served in that capacity until the new constitution of 1848 made a change, organizing a County Court with one Judge, having probate jurisdiction and providing for two Associate Judges.

COUNTY JUDGES.

     James Elder, elected in 1849; E. D. Cleveland, Daniel Ellington, Associates.
     James Elder, re-elected in 1853; David Patterson, Amos Waggoner, Associates
     Amos Waggoner died while in office, and Rowland Hampton was elected to fill the vacancy.
     James Elder, re-elected in 1857; William Purvis, Stephen Cannon, Associates
     J. E. Elder, elected in 1861; Joseph Baker, Stephen Cannon, Associates
     Arnold Thompson, elected in 1865; John Rhodes, William Noble, Associates.
     In 1866 township organization took effect, and Arnold Thomason continued in office until 1877.
     In 1877 Jonathan Meeker was elected, and is the present incumbent.

CORONORS.

     A. B. Lee, L. J. Berry, Douty Patterson, Hiram Trevillian, George Hoke, Oliver T. Atchison, Charles F. Cochran, present incumbent.

SCHOOL COMMISSIONERS.

     John Perryman, John A. Freeland, Dr. Hendricks, Frank Porter, Arnold Thomason, John Y. Hitt, T. B. Knight, David Patterson.

SCHOOL SUPERINTENDENTS.

     Dr. T. Y. Lewis, D. F. Stearns, J. K. B. Rose, D. F. Stearns, present incumbent.

TREASURERS.

     Dr. B. B. Everette, elected in 1843, resigned his office in September, 1844.
     John Perryman was appointed by the C. C. Court to fill the vacancy, and continued in office until 1849.
     Arnold Thomason was elected in 1849, and served until 1855.
     Isaac V. Waggoner was elected in 1855, and served until March, 1859, when he died, and James Lynn was appointed to fill the vacancy.
     J. H. Waggoner, elected in 1861.  T. M. Bushfield, elected in 1863, and served until 1871.  S. W. Wright, elected in 1871.  J. H. Dunscomb, elected in 1873, and served until 1877.  A. E. D. Scott, elected in 1877, and is present incumbent.

SURVEYORS.

     Hugh Allison, died soon after election, Parnell Hamilton, D. D. Randolph, James R. Anderson, William Kirkwood, Michael D. Warren, Abraham Jones, John J. Bristow, died soon after election, Michael D. Warren present incumbent.

TOWNSHIP ORGANIZATION

     Was effected in 1866.  Prior to this, in the fall of 1862, the proposition was submitted to the people, but was defeated by a large majority.  It was again submitted to the people at the November election 1866, and was carried by the majority of 321 votes.  At this time there were but five voting precincts in the county, to wit:  Sullivan, Whitley Creek, Marrowbone, Lovington and Taylor.  Sullivan precinct voted largely against township organization; the other precincts, however, were mainly for it, and hence the organization was effected.

     At the first meeting of the county board following the election John R. Eden, B. S. Jennings and S. P. Earp were appointed commissioners to divide the county into townships.  They subdivided it into eight civil townships, namely: Sullivan, Lovington, Marrowbone, West, Taylor, Jonathan Creek, East Okaw and Whitley township.  On reporting their action to the auditor of state, as the statute provides, it was found that there were three townships bearing the same name of three other townships in the state, to wit - West, Taylor and East Okaw.  They were accordingly renamed as follows: West township was changed to Dora, Taylor to Lowe, and East Okaw to East Nelson.

THE FIRST BOARD OF SUPERVISORS

     Were elected in the spring of 1867.  They were as follows: Jonathan Meeker of Sullivan, chairman; Alexander Porter, from Lovington township; Benjamin Freeman, from Jonathan Creek; James T. Taylor, from East Nelson; William Weakley, from Dora; J. A. Freeland, Jr., from Morrowbone; Alvin Waggoner, from Whitley and George W. Winn, from Lowe.  The supervisors are elected every spring.  From the last census, Sullivan township will, undoubtedly, soon be entitled to two supervisors.

     In the writing of this chapter we have been obliged to labor under many difficulties on account of the destruction of the records in 1864.  That some inaccuracies should occur with regard to dates would not be at all surprising; but we have taken much care to have all dates corroborated where information has been received by word of mouth.