THE FIRST CIRCUIT COURT source: Past and Present of Woodford County, Illinois, 1878, pages 238-241 Transcribed by Dena Whitesell

The first session of the Circuit Court was held on the 24th day of September, 1841, by Hon. Samuel H. Treat, presiding in the Eighth Judicial Circuit, to which circuit Woodford County was assigned. Judge Treat had previously appointed the Fridays before the fourth Monday in April and September in each year, as the time for holding the Circuit Court, and had also appointed Samuel J. Cross Clerk. The following extract is taken from the records of the first session of the court: “PRESENT, Hon. Saml. H. Treat, one of the Justices of the Supreme Court, presiding and holding court in the Eighth Judicial Circuit of the State of Illinois; Sami. J. Cross, Clerk, and William S. Magarity, Sheriff.” The following were the Grand Jurors at this session, as copied from the court records: “John Page, Sr., Foreman, Thos. A. McCord, John Mohr, S. Y. Barnard, Reubin Carlock, H. J. Clark, James Findley, David Travis, Elijah Dickinson, Caleb Davidson, Ellis Parker, Parker Morse, Sr., William Dodd, James Owens, John C. Coons, Joseph Wilkerson, George Bennett and Jesse Hammers,” who were “elected, charged and sworn to inquire for the body of the County of Woodford.” But two indictments were made by this jury—one against Nathaniel Wilson for larceny, who gave bail for his appearance at the next term of court,  and the other against Alfred Moore for arson, who petitioned for a change of venue to Tazewell County, which was granted, and he gave the necessary bail. Samuel J. Cross presented his bond for two thousand dollars, with Thos. H. Baker, Reubin Carlock and Henry J. Clarke as securities, which was approved by the court, when he was sworn in by M. L. Covell, Clerk of McLean County. The Sheriff’s bond for one thousand dollars, with James Magarity, Daniel Travis and David Deweese as securities, also the bond for two thousand dollars of William Hoshor as Coroner, with Robert M. Clarke as security, were presented and approved. The oath to “support the Constitution of the United States and the State of Illinois,” was then administered, and the new officers entered upon their duties. The first case on the docket was: GEORGE CAGE, Appellee         vs ISAAC W. LOWE, Appellant. In Appeal. “It is ordered by the Court that this suit be dismissed, as per agreement on file. It is, therefore, considered that the plaintiff recover of the defendant his costs. etc., and that he have execution.” The Court lasted two days, and in addition to the business already noticed, several suits for debt were tried, in which judgment was given for default. Among the lawyers present were Abraham Lincoln, David Davis, A. Gridley, Col. E. D. Baker and several others of some prominence in this section of the State. David R. Campbell, of Springfield, was present as State’s Attorney. The first case tried by the jury was at the April Term, in 1842, and was: "The PEOPLE OF TEE STATE OF ILLINOIS           vs. JAMES L. GARDINER. indictment for intent to inflict bodily injury." The following were the jurors in the case: George M. Arnold, Chas. T. Boggs, James Bracken, John Barnes, Samuel Arnold, Ephraim Potter, Sr., Samuel Kirkpatrick, Allen Hart, George Bennett, Lewis Stevens, David Deweese and Samuel Mundell, who returned a verdict of “Guilty,” and he was “fined thirty dollars and costs.” The first prisoner sent to State’s Prison from the county was one William Hopkins, for larceny, on a change of venue from Tazewell County. The case was tried at the September Term in 1850, and the prisoner having withdrawn his plea of “Not Guilty” and pleaded “Guilty,” was sentenced to the “State Penitentiary, at Alton, for the period of eighteen months, twenty days of which shall be in solitary confinement, and the residue of said term at hard labor,” by Hon. David Davis, the presiding Judge at the time.

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