These early criminal case records from the 1850’s and 1860’s are from the Williamson County Circuit Clerk’s office, now housed at the Williamson County Historical Society. Related information to the cases was extracted from the book “The History of Williamson County Illinois” by Milo Erwin.
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John Mosely on 7 Apr 1856, with a certain large stick, his fists and feet, while James Burnett was lying upon the ground, upon his head, stomach, back and sides, did strike, beat and bruise; did cast and throw him to the ground. Burnett did languish for a space of 2 hours and died.
Milo Erwin: The difficulty arose over a dog fight. Mosley ran away, and was captured in Missouri by hounds following his trail. He was tried and sentenced to six years, but after one year’s confinement was pardoned.
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On 10 Mar 1864, Thomas Evans, John Hightower, Henry Norris, Thomas Murry, Abner Batson, Joshua McGinnis and Dock Dixon shot and killed William Moulton, a wound the breadth of 3 inches and depth of 10 inches. He died 15 Mar.
Milo Erwin: There being no evidence, they were acquitted. McGinnis might have been guilty, but the others were not.
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On 24 Mar 1864, William C. Parker shot and killed Richard Jordan, shot him a little above the left pap, a mortal wound of the breadth of 3 inches and depth of 6 Inches. Jordan died on the 25th.
Milo Erwin: Several of the Parkers and Jordans got into a general fight in Marion, over an old feud. Two or three others were wounded. Parker ran away and has never been caught.
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Hartwell Duncan shot and killed Isham M. Cannedy on 6 Feb 1865, in the left side of the belly, a mortal wound the depth of 6 inches and breadth of 1 inch. He languished 10 minutes. Logan McKean did willfully incite, move, procure and counsel Duncan to said murder. He was not found in the county.
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William Stacy on 11 Jun 1865 stabbed John H. Tippy with a knife the value of a sixpence, in the lower part of the left side of abdomen, giving him a mortal wound of the breadth of one inch and depth of four inches. Tippy languished and died on the night of 12 Jun.
Milo Erwin: William Stacy and John Henderson Tippy were boys bathing in the Crab Orchard Creek near Marion. Stacy was acquitted.
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On 1 Jan 1866, Dixon (Dickson) B. Ward killed William L. Burton with a pistol In the left side of his back, a little above the short ribs, a mortal wound the breadth of 3 inches and depth of 6 inches, from which he languished and died 2 Jan. Instructions to the jury: If you believe the deceased was killed by Thomas Ward without any advice, aid or encouragement from the defendant, the verdict should be not guilty. If you believe the deceased was assaulting and threatening Thomas Ward, son of the defendant, it would be justifiable.
Milo Erwin: William L. Burton and Samuel McMahan were both killed in a general fight in Sulphur Springs. The fight grew out of politics. They were both Republicans. Dixon B. Ward was indicted for the killing, but there was no evidence of his guilt and he was acquitted.
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On 1 Mar 1867, Horace Sims killed John Lattie. Stabbed him in the right thigh, a mortal wound of the breadth of 3 inches and depth of 6 inches of which he died on 15 Mar. Sims charged with manslaughter.
Milo Erwin: They got into a rough and tumble fight at Sim’s Mill, on the Saline (river). Sims was tried and acquitted on the grounds of self-defense, he being on the bottom at the time.
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John Chenoweth was murdered 13 Jul 1867 by a shotgun blast in the side. James Chenoweth made a complaint. William F. Chitty and Oliver Chitty were charged. Jesse Childers testified that Oliver Chitty was at his house Saturday morning and left in the direction of home.
Richard Childers testified he heard Chenoweth say if he trespassed he might have to be dragged off. Chitty replied he was a pretty good dragger himself. William Brumit heard William Chenoweth say the man that won’t improve on that land would have to be dragged off. Chitty replied he was a sort of a dragger himself.
Thomas Lee testified that Oliver Chitty said there would be a reckoning someday about the matter. Miss Chenoweth saw Chitty late on Thursday evening near her residence. Miss Glass heard two guns fired about 9 o’clock. Was not positive of but one. Robert Lipsey, Francis Childers, M. Childers and James Hampton testified, but knew nothing.
Mito Erwin: John Chenoweth was assassinated in the woods near his house in Herrin’s Prairie. He was not found until several days later. William Chitty and one of his sons were arrested but there was not a shadow of evidence against them.
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Isaiah Cash, Samuel Cash, And Reason Cash on 3 Nov 1868 shot William Stanley in the left breast, a mortal wound of the depth of 6 inches and breadth of 1 inch, from which he died instantly. They were charged with murder, found not guilty.
Milo Erwin: At the November election, a shooting scrape occurred between the Stanleys and Cashes, in Southern Precinct, in which several shots were fired and William Stanley was killed. This was an old family feud, warmed up by politics, the Stanleys being Republicans. Isaiah Cash was accused, but evidence tended to show another man was guilty. In 1870, Isaiah Cash was driving along in his wagon, when he was assassinated, fourteen buckshot piercing his body. His slayer has never been known, but enough is known to say that suspicion has rested on the wrong man.
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On 1 Dec 1868, William Barham shot Andrew J. Lowe in the left side of the head, a mortal wound the depth of 6 Inches and breadth of 1 inch.
Milo Erwin: Barham was a young man afflicted with lunacy and while in that condition stepped Into Lowe’s saloon on the square in Marion and shot him in the forehead. He was arrested by B.F. Lowe. He broke out of jail on 7 Sep 1869 and escaped. Five years later he was betrayed by a young lady in Tennessee and arrested by Thomas Ballou and brought to Marion. He was tried, found guilty of manslaughter and sentenced to one year.
(Published in “Footprints”, the Quarterly publication of the Williamson County Historical Society, Volume 16, #4, 2013)