Aaron Todd and William
Todd, were citizens of Indiana. On the 26th day of January, 1840, they
were traveling towards Indiana from the west, and in their company was
their cousin, Larkin Scott. Near Elm Grove, in this county, Larkin Scott
was murdered by the brothers for a small sum of money he had with him-some
$26. He was killed by repeated blows from a bludgeon, dealt by Aaron Todd.
The corpse of the victim was, a few days later, found upon the prairie,
and the officers of the law set themselves to work to discover and
apprehend the murderers. James C. Clark, a constable of Elm Grove, was
especially active in ferreting out the perpetrators of this heinous crime,
and the brothers, Todd, were apprehended in Indiana, and brought
hither for trial. They were tried and convicted. Wm. Thomas presided on
the bench. The defendants being to poor to employ counsel, the court assigned
as their attorneys Francis H. Hereford, Josiah Fish, John A. Chestnut and
John M. Palmer. The Jurors were: Amos Snook, Archellis Tungate, Joseph
Huddleston, Jeremiah Suiter, Fountain Land, Moses True, Thomas Hughes,
Travis Moore, Thos J. McReynolds, Jacob Kinder, Joseph Phillips and Aquilla
P. Pepperdine.
The States Attorney being
absent, the court appointed David A. Smith as attorney for the people during
that term of court. The trial began on the 5th of May. The verdict of the
jury was that Aaron Todd was guilty of murder in the first degree, and
on the 8th, Judge Brown sentenced him to be hung on the 2nd day of June
next, and that on that day, between the hours of twelve o'clock A.M. and
four o'clock p.m., the said Aaron Todd be taken and conveyed to some convenient
place within one mile of the court-house in Carlinville, and then and there
be hung by the neck until he be dead, for the offence of murder whereof
he stands convicted by the jury aforesaid; and the court doth further order
that the sheriff, by himself or deputy, execute the order.
The verdict fixed the
punishment of Wm. Todd, at two years in the penitentiary. On the 8th, an
arrest of judgement was entered in the case of William Todd. He finally
came clear.
The news that a man was
to be hung on the 2nd of June spread far and wide, and when the day arrived
that the sentence of the court was to be executed, not less than 8,000
people had gathered in the county seat. The scaffold was erected south
of West Main Street, below the depot. Major Burke officiated in person.
Dr. John Logan, Colonel of the 44th regiment of militia, had five hundred
of his men in line for the preservation of order. The execution was witnessed
by an immense concourse of people. Todd met his fate bravely, and with
resignation. Two weeks before, he made a profession of religion, and died
in the hope of a better life.
He was buried on
the west side of the burying ground, at some distance from other graves.
Some days after his remains were interred, they were exhumed, and his head
and one arm were severed from the body, and taken away.