Franklin County Court House




Do You Remember--Court House Built Here in 1845

A few days ago Justice of the Peace, George B Shaw, residing at 204 North Eighth 
Street, brought a faded picture to this office. Time had just about blotted out 
that which the camera had recorded on a post-card size photo.
	
The picture was taken to Michaels Studio and Mr. Michaels, with modern equipment, 
soon brought out the picture, perhaps even better than its original state, and it 
was easily identified by the older citizens as the county's third court house and 
the second erected in Benton.
	
Mr. Shaw said the picture was given to him 44 years ago by Uncle Frank Mason, the
county's first abstractor.  Mason was 80 years old when he gave it to Shaw.
	
The first action of the county pertaining to the building of the structure as 
pictured above, was taken in March 1842, when it was ordered that a brick court 
house be erected in the town of Benton, and that the contract for the building of 
the same be awarded to the lowest bidder at the June term of the court in that 
year, the plans and specifications to be made prior to that time.

Accordingly the contract for all of the building, except the inside was awarded 
to Joseph T Tucker.  The building was constructed and the county commissioners at 
their December term 1844, examined it and found a deficiency in the roof above the 
chimneys, and other deficiencies and there upon retained $100 form the contractor 
to cover such deficiencies and accepted the building.  They then awarded the 
contract for the inside work to other parties.  The building was completed in 
1854, the whole costing about $3000. 
	
As pictured above, it was a two-story structure about 40 feet square, with the 
office of the clerk of county commissioners' court, and the clerk of the circuit 
court on the first floor, and the court room on the second.  The building was 
erected for the contractor by Jarvis Pearce.
	
There are a large number of residents of Franklin County who remember this building, 
as it served  the county until 1874, when the present court house was built.
	
The first court house in Benton was built in 1841 by Augustus Adams at a cost of 
$539.50.  This court house, which was a small frame building, stood on the public 
square until the building of the second court house was commenced, and then moved 
to the corner of what is now South Main and West Church streets, or to be more 
exact, north opposite the First Baptist Church on a lot now occupied by part of 
the Jackson building.
	
The contract for building the present court house was awarded to John J StClair,
of Benton, for the sum of $23,750, which amount was afterwards raised on account 
of certain changes in the plans and specifications to $24,000.  He used some of 
the material of the second court house in the construction of the new building, 
which at that time was described as a substantial and quite ornamental two-story 
structure, with halls and stairs. St Clair purchased the second court house (the 
one pictured above) for $125.
	
In studying the above picture it will be observed that the building was encircled 
by a plank fence, in one corner there being steps for the accommodation of those 
having business at the seat of justice.  The fence according to old-timers, served 
two purposes. One to hitch to and the other to keep hogs and other livestock off 
the grounds around the court house.  However, we have the word of one Benton 
gentlemen, that the hogs watched the people go over the steps, and soon learned 
to do likewise.
	
Calvin Clark was the first circuit clerk to occupy this building, and it was said 
that Clark had two mischievous sons, who one night, armed with hatchets, peeled 
the bark off all the trees around the court house, and the following spring nothing 
remained but dead timber.
	
Some noted lawyers of those days practiced at the bar of the above court house. 
Among them were Gen John A Logan, John H Mulkey, Walter B Scates, William A Denning, 
F M Youngblood, Thomas J Layman Sr, W H Williams, and C C Payne.  Mulkey, Scates 
and Denning afterwards became justices of the Illinois Supreme Court.  A D Duff 
was the circuit judge at that time.
	
One of the most remarkable cases that was ever tried in Franklin county was in the 
above court house, wherein an innocent man became in danger upon circumstantial 
evidence, of having to suffer the penalty for the crime of murder.  It was the case 
of the People vs. David Williams.  Williams was accused of killing a man named McMahan.

In the early part of 1866, the remains of a human body were found about two miles
southeast of Benton on top of a fallen tree and were supposed to be the remains of
McMahan.  A Corner's inquest was held and upon the verdict of the jury, Williams was
arrested.
	
Later Williams was tried before Judge Duff.  He was prosecuted by T J Layman and
defended by F M Youngblood.  The evidence was that the last seen of McMahan, he 
was in the company of Williams;  that he had several hundred dollars in his poss-
ession and a pocket knife found with the remains was identified as one belonging 
to MCMahan.  The hair of the murdered man was red, and so was McMahan's and certain 
teeth of the dead man were removed, corresponding with the lost teeth of McMahan.  
The people through their attorney were making a strong case on circumstantial evidence.
	
On the second day of the trial when the evidence was nearly closed, and the guilt 
of the prisoner fully established in the minds of those who had heard the evidence, 
the closing scene of the tragedy was enacted.  Just at this critical moment, the 
supposed murdered man, McMahan, deliberately, and to the great astonishment of all, 
walked into the court room.  He was immediately identified by a number of his former 
acquaintances, and also by witnesses on whose testimony the case was being made 
against the prisoner.  This, of course, put an end to all further proceedings against 
the prisoner, and he was set free.
	
A man who knew these parties and who knew of the prosecution of Williams happened 
to be at the depot at Tamaroa and saw McMahan among the passengers on an Illinois 
Central train.  He prevailed upon McMahan to get off and come to Benton to save 
the man who was being prosecuted for his murder.
	
It was not publicly known who the murdered man was, but from certain incidents 
which came to light, he was supposed to have been a gambler, who had been killed 
by another gambler in an old house on the south side of what is now West Main street.  
This house being unoccupied at that time, was a place of resort for gamblers.  
It was supposed that some strangers of that profession had congregated there, 
and quarreled, one of their number being killed and his body concealed in the 
fallen tree.
	
Pictured above at the left of the court house, is the old Naylor hotel.  It was 
situated on the lot now occupied by Blough's hardware store.
	
At the rear of the picture was a string of buildings on the north side of the 
square east from North Main street.  These buildings were referred to in that day 
as "The White Row."




NOTE:
Benton Evening News article...no date...possibly printed circa 1939 during a 
series of articles written about Franklin County the year before the Benton 
Centennial.  The "fuzzy" picture accompanying this article is of a square, two 
story, brick building, with what appears to be an octagonal cupola in the center 
of the roof.  There is a four-rail fence surrounding the building, with individual 
horses and horse team at the rails.  There are other buildings in the background 
that surround the court house square.

Submitted by: Sheila Cadwalader