NOTE: The estate of William Bebb, Fountaindale, was located on Montague Road between Conger and Pecatonica Roads. The house was on the north side of the road.
TRIAL OF WILLIAM BEBB
BY C. B. GALBREATH
For many years an interesting bit of literature has been going the rounds that has in many instances gained currency as a chapter in the history of the governors of Ohio.
Under the caption "A Story of William Bebb", it has found its way into the schools and the public and private libraries of the state. Here it is without omission or addition:
If you should visit the State House in Columbus,and look among the pictures of the governors of the state, you would find among these, a portrait of William Bebb, who was governor of the state in 1846 and '47.
After he had finished his term of office, he decided to go west, and so, gathering together his effects, he went overland and settled near Rockford, Illinois.
In the course of time there was a wedding in the family, his daughter becoming the wife of one of the young men of the neighborhood. As was customary at that time, the parents of the bride gave a great supper to the guests, who came from far and near to attend the wedding. The occasion was a very joyous one, as such occasions usually are, and the festivities were prolonged until late in the evening.
After the guests had finally departed, the ex-Governor of Ohio sat meditating. No doubt he thought of how soon the little girl had grown to womanhood, and perhaps his mind returned to Ohio, and it may be he lived over again many of the events connected with his political career.
While thus meditating, he heard a great noise in front of the house, and knew at once it was a belling party come to do honor to the newly-married pair. But he was not in the mood for such revelry, and hurrying to the front door, he called out to the crowd: "Now, you fellows, get off my place." They answered him by ringing their bells and blowing their horns and shouting lustily. He went back into the house, and from two pegs on the kitchen wall, he took a double-barreled shotgun. Going to the door, he called out: "Now, I will give you fellows just three minutes to get off my property." Again they answered him with shouts, blowing of horns, and ringing of bells. Taking out his watch, he counted "One -- Two -- Three ! At each count there was a renewal of the noise. Putting his watch into his pocket, he leveled his gun and fired, and there fell, out in the yard, two young men. He went back to the kitchen, hung up the gun on the pegs, went to the barn and saddled his horse, and rode to the town of Rockford. Rousing the sheriff of the county from sleep, he told him something of the circumstances, and asked to be locked up in jail. The sheriff complied with his request.
The next day, there was great excitement throughout the county. People were indignant that this interloper from Ohio should come to their community, and, losing his temper on account of an innocent belling party, should take the lives of two of their fine young men. But the sheriff was wise and cool-headed, and so by dint of patience, he succeeded in calming the excitement and William Bebb was allowed to repose in the county jail in safety.
Some days after this, a stranger, wearing a broad-brimmed hat, rode up to the tavern of the little town on a roan mare. Handing his bridle to the stable-boy, he gave directions as to how the mare should be cared for. Going into the tavern he engaged a room and told the landlord that he might be with him for several weeks. The landlord assured him that he would be well taken care of.
The next morning, quite early, having finished his breakfast, he had the mare brought out and started down the country road. At the first farm house, he stopped on some pretext or other, and soon entered into conversation with the people about the house. They were all very much pleased with the stranger, and after he had gone, wondered who he could possibly be.
At the next farm he found the men in the field at work, and soon they and he were friends. He sat on the fence and told good stories, and soon convinced them that he was a jolly good fellow. This was repeated at each farm house. At noon, a farmer invited him up to the house to dinner, and there again he proved a delight to all the members of the household. The ladies were charmed with his manner, and the children took kindly to his rollicking ways, as the men and boys did to his good stories and his great fund of knowledge.
Thus he made a circuit of the county, and the evening found him back at the tavern at Rockford. The next day he went out a different road, returning as usual in the evening, and so this continued for weeks, until everybody in the county was asking eagerly -- "Who is the stranger that rides a roan mare and wears a broad-brimmed hat?" Nobody knew, but they all agreed that he was one of the most pleasant, fascinating men they had ever met.
Finally the trial of William Bebb came on. The prisoner was brought from the jail into court, pale and haggard from his long confinement and anxiety. The judge said, "William Bebb, arise!" and the prisoner arose. Then the charge was read and the question was asked, "Are you guilty or not guilty?" and the prisoner replied, "Your Honor, not guilty." Then the judge asked, "Who is your attorney?" and the prisoner, raising his head and looking at the judge, said, "Your Honor, I have no attorney-- I shall conduct my own case."
Just then, there was a commotion in the rear part of the courtroom, and all eyes were turned in that direction. There they saw standing the man who wore the broad-brimmed hat, the rider of the roan mare. Said he, "Your Honor, just one word, if you please; the prisoner at the bar has an attorney."
The judge asked, "Who is his attorney?" Said the stranger -- "I am." Then the judge asked, "Who are you?" Whereupon the stranger replied, "Back in Ohio, where I live, they call me Tom Corwin, and Tom Corwin is my name. Many years ago, when I was a ragged, barefoot boy with no prospects and but little encouragement, the prisoner at the bar saw me one day, and laying his hand kindly upon my head, said, 'Tom, my boy, I believe you have something in you, and if you will only help and let me, I'll see if we cannot bring it out;' and if I am anything today in the councils of my own State or of the Nation, I owe it all to the prisoner at bar, William Bebb; and when I learned that my old friend was in trouble, I saddled my roan mare and came here post haste, and here I propose to stay until your jail doors open and William Bebb goes forth a free man."
Then the court house rang with applause. When order was finally restored, the trial proceeded. A jury was impaneled, but there were not twelve men in that county who had not heard Corwin's good stories, and been drawn to him by that strange spell which he always cast over men, whenever they came into his presence. Then they summoned their witnesses, but there was nobody in the county who cared to testify against the interests and feelings of the rider of the roan mare.
So the trial went on, and when the time came for Tom Corwin to speak, every available foot of space was occupied. We lack the record of that speech, but it is easy for us to imagine that it was one that thrilled his hearers, for the speaker was Tom Corwin and he was trying to save the life of a friend. Certain it is, that not ten minutes after the jury had retired, they returned with the verdict "Not guilty." Then indeed, the jail doors swung wide open and William Bebb, at the behest of Tom Corwin, went forth a free man.
Such is the story that links together the names of two of Ohio's governors. It is not only interesting but decidedly Corwinesque. It is not difficult to imagine that many who have read the life of Tom Corwin and admired his eloquence, statesmanship, wit, humor, and greatness of heart, have stated on concluding this story, "That's just like Tom Corwin".
It is really too bad to spoil this choice bit of literature, but historical accuracy is imperious and its demands may not be evaded. The tragic event with which the story opens actually occurred, but the details differ somewhat from the straightforward unvarnished statement published in the papers of Winnebago County, Illinois, and copied extensively by the Ohio press. The Rockford Republican, published in Rockford, the county seat of Winnebago County, Illinois, on May 21, 1857, carried the following announcement:
Ex-Governor Bebb, formerly of Ohio, but now a resident of Seward, Winnebago county, Illinois, had been molested, at his residence by a mob of men, and had fired upon and shot two of them, killing one man instantly.
It appears that for some time past a good deal of coldness, and in many instances bad feeling, had been growing up among some of the Governor's neighbors, as against himself and family, springing, it is said, more or less out of jealousy of his pecuniary circumstances, and a belief that he was somewhat aristocratic in his tastes and associations.
The return of his son with his wife, on Thursday night, from the East, whither he had been to get married, was fixed upon by the rowdy portion of the young men of the neighborhood as a proper occasion to manifest their ill-feelings. They accordingly prepared themselves with cow bells, tin pans, guns and other articles ordinarily used upon such occasions, and repaired to the residence of the Governor at a late hour in the night, and commenced making all manners of noises, clamors and outcries, assailing the house with stones, and firing towards it with their guns.
After enduring this assault for some time in silence, Gov. Bebb made his appearance at the front of his house, and remonstrated with the mob, requesting them to desist. This request was received with hootings and howlings and an increase of clamor. After a little time he came forward and remarked that patience had ceased to be a virtue and that if they did not desist and leave the premises he would be compelled to use violence.
This threat only seemed to exasperate the assailants, who replied that they had come there to fight, and were only waiting for him to commence, or words to such import. He then went into the house and brought out a double barreled shot gun, firing one barrel at the feet of the ring leaders of the mob, which took effect upon one of the party, crippling him in the leg.
At this, some of them dispersed, while the others rallied and made a rush upon the Governor, who raised his gun and discharged the other barrel at the foremost man, hitting him in the head and killing him instantly, whereupon his assailants suddenly decamped.
Here we have what appears to be a very frank and unbiased statement from a local paper. It is evidently worthy of all confidence.
But how about Tom Corwin's connection with the case? That feature of the story might still be essentially true. The news item just quoted gives no intimation of legal proceedings and the final trial of Governor Bebb.
The Ohio Repository of June 10, 1857, carries an item widely published at the time which seems to wreck the story of Corwin's connection with the case and shows that Governor Bebb was not even brought to trial. Here is the news item:
Discharged. -- Ex-Governor Bebb, of Ohio, who recently fired upon a party of serenaders, at his residence in Winnebago county, Illinois, and killed one of them and wounded others, has been honorably discharged after a full investigation of the matter. The serenaders, it appears, were a gang of insolent rowdies, who surrounded the house of the ex-Governor and insulted the family until he was compelled to fire upon them, after begging and coaxing them to leave.
The sequel proves that it is not always safe to accept a newspaper report made in good faith, as final. After a careful examination of all essential records in this case, it is possible at this late date to give its true history.
The youth slain at this serenade, or "charivari" as it is more appropriately called, was Lemuel Clemens, a farm hand. With him were eleven associates, Daniel Hogan, William Hogan, Ephraim Dennis, David Coolbaugh, Joel Wood, Joshua Wood, Matthew Howell, Tryon Brackett, Elsy Chronister, Nelson Halleck, and a man who worked at Hogans but whose name does not appear in the report.
His body was taken on the night of the tragedy to the home of Mortimer Brewster, in Ogle County, Illinois, for whom he had been working on a farm. No inquest was held in Winnebago County where the shooting occurred, but William Bebb on May 21, addressed a letter to justices of the peace Isaiah Lyon and James G. Manlove, asking for a public examination of the circumstances attending the death of Clemens.
On May 25 an examination was held before these two justices in the county court house at Rockford, Illinois. "William H. Ogden and J. F. Warner conducted the examination for the people", and Governor William Bebb and Anson S. Miller for the defense.
After hearing the evidence, which is given in the local papers of the time, "the court discharged the defendant". This preliminary action doubtless explains the item published in the Ohio papers to the effect that Governor Bebb had been discharged. The natural inference was that this ended the case.
It appears, however, that there was on May 20, 1857, before T. P. Parker, justice of the peace for the town of Byron, Ogle County, Illinois, an inquest over the body of Lemuel Clemens, resulting in a finding by the jury that deceased came to his death by a shot from a gun in the hands of William Bebb.
Just what subsequent legal steps were taken does not appear from the sources of information at hand. There had evidently been an indictment by grand jury. Governor Bebb was tried for manslaughter by the circuit court of Winnebago County, Illinois. The trial commenced February 4, 1858, and lasted four days. Wide interest in the case and the eminence of the defendant and counsel brought forth a crowd that filled the court room to overflowing long before the trial opened.
A jury was promptly empaneled. The court room was packed and a large crowd outside was unable to get within hearing distance. At the suggestion of counsel for the prosecution and approval by counsel for the defense, court adjourned to the auditorium of Metropolitan Hall. U. D. Meacham, state's attorney, and T. J. Turner, conducted the prosecution; Hon. Thomas Corwin, Judge William Johnston, Judge Anson S. Miller, and James L. Loop, represented the defense. Mr. Turner opened the case for the prosecution and Judge Miller followed for the defense.
Then followed the examination of the witnesses, which occupied the remainder of the first and all of the second day. The testimony for the prosecution and the defense differed in some important particulars. The material witnesses for the former were participants in the charivari; for the latter, a member of the family of Governor Bebb and a man in his employ. According to the testimony for the prosecution, while the charivari was a noisy demonstration, nothing was done to indicate the purpose to destroy property or injure the person of Governor Bebb or any of his family.
The participants were twelve in number. They had three guns--two double barreled shotguns and one rifle. With these they fired volleys variously estimated by different witnesses at from five to twenty in number. Members of the party who did not have guns rang bells and made noises on various other instruments used on such occasions. Shouts added to the din and occasional cheers were given for Michael Bebb, the bridegroom whose return to the parental home was the innocent occasion of all this uproar.
At the first round fired, one of the double barreled guns was loaded with shot, the others with paper wads. In subsequent rounds paper wads only were fired and the guns were always pointed from the residence. While the charivari was at its height, a man stepped from the shadow of the house and, without saying a word, fired. Some of the scattered shot took effect but did not wound anyone seriously.
Almost immediately thereafter a second shot was fired at Lemuel Clemens, only a few feet distant. The charge entered his mouth and killed him instantly. The witnesses for the prosecution all swore that they did not hear a word of warning from Governor Bebb.
On Friday afternoon, February 5, began the testimony for the defense. The principal witnesses were Edward Bebb, son of the Governor, Lawrence McDonald, a man living with Governor Bebb, and Alfred W. Copeland, a neighbor who was awakened by the noise.
Edward Bebb's testimony is fully given in the local newspaper accounts of the trial. He said that his father had been confined to his room by illness the day of the charivari; that he himself was awakened by the firing of the guns and shouting about half past ten o'clock on the night of May 19, 1857. He at once got his double barreled shotgun and proceeded to load it, when he found he had no shot. McDonald, the hired man, got the shot and Edward Bebb loaded the gun. As he was passing from the room, his father took the gun, saying that he would handle it as he feared that his son under excitement might use it rashly.
Edward Bebb swore that before firing the first shot his father had called aloud to the rioters, "Begone, you scoundrels, from molesting my family, or some of you will get hurt". The Governor then fired. This shot was answered by derisive shouts and an on-rush toward his father, when the second barrel was fired, killing the young man nearest him. A candle was brought from the house to determine who had been slain.
At this point the son testified: "In the conversation over the dead body, father said he would rather his house had been laid in ashes, if his family had all been out, than to have had this happen." He also stated that his father had given warning before firing the second shot; that the charivari party when firing pointed their guns toward the house; that the wads fired were picked up near the walls of the house the next day.
The body of Clemens was taken home in Governor Bebb's wagon drawn by a neighbor's team of horses. The testimony of the other witnesses for the defense substantiated that of Edward Bebb. An interesting feature of the strategy of the defense was the introduction of testimony of a number of disinterested witnesses setting forth the character of the charivari as it had been conducted in this section of Illinois for a number of years past. In most instances, witnesses declared, it had been little better than a riotous mob.
On the morning of the third day of the trial Mr. Turner commenced the argument for the prosecution. On the afternoon of the same day Judge Johnston opened the argument for the defense in a plea for the defense. He spoke two and one-half hours. On the fourth day Hon. Thomas Corwin spoke for Governor Bebb. The Rockford Register contains the following notice of his eloquent appeal:
It having been ascertained that Hon. Thomas Corwin would speak this morning, Metropolitan Hall was more than half full before 8 o'clock, though court did not meet until 9. A large proportion of the audience was ladies; indeed this was the case during most of the trial.
At the opening of the court, Mr. Corwin commenced one of the very best and ablest speeches we have ever heard. It was just such a speech as Tom Corwin alone can make, and was listened to with best attention. It lasted some four hours, during which time he went over every particular of the case, applying the law to each point and showing under what circumstances a man may kill another, and also detailing in great beauty of language the manner in which the people had become possessed of the inalienable rights to enjoy their homes in peace and undisturbed.
We regret that we are obliged to cut down this speech to a mere synopsis, as we have neither space nor time to give a verbatim report of it. In the afternoon state's attorney U. D. Meacham made the closing argument for the prosecution. It is described as an excellent speech, not marred by any exhibition of feeling, but a candid and impartial review of the testimony and the law.
Presiding Judge Sheldon then charged the jury and they retired at 5 o'clock in the afternoon. At 9 o'clock they returned with a verdict of "not guilty".
The Rockford Register follows its account of the trial with this statement: We cannot close this report without saying a word of approval of the verdict. We think it a most righteous one; not that we advocate the taking of life by aggrieved parties, but in such cases as this it is almost the only means of protection against outrage and insult. Charivaries in this neighborhood, and indeed in all others, are far worse than ordinary riots, because they are generally got up under the guise of friendship and are made an excuse for every description of lawlessness and outrage. Ours and the adjoining county have been the scene of too many of them, and we shall rejoice if the action of Governor Bebb has the effect of putting a stop to them. From evidence it will be seen the defense established three important facts, viz.: I. That the guns of the party were fired pointing towards the house. 2. That the rioters were making a rush on the governor when he fired the second shot, and, 3. That the governor repeatedly and in a loud voice ordered the rioters off before and after firing the first shot.
The trial was conducted on both sides with great ability, the prosecution evincing a proper energy without any rancorous zeal while Judge Miller and Mr. Loop rendered efficient aid in the selection of a jury and the examination of witnesses. Of Governor Corwin and Judge Johnston it is needless to say a word; their reputation is national, and any praise we might bestow could not add to it.
Governor Bebb was a native of Butler County, Ohio. One naturally looks to the local histories for biographical details. A fairly satisfactory sketch of his life is given at some length in the Centennial History of Butler County, published in 1905. The author, however, has been misled by the preliminary hearing before the two justices of the peace in the town of Rockford on May 20, 1857, as the following quotation clearly shows: The circumstances of the homicide were investigated at his [Governor Bebb's] demand, and after the hearing of the testimony he was, without argument, discharged. His old-time friend and political associate, Thomas Corwin, of Ohio, hearing of his trouble, went to Illinois and volunteered his services to defend Governor Bebb from the charge of murder should he be indicted under the law for it. However, the action of the court at the preliminary hearing, in discharging him, rendered Corwin's services unnecessary.
As shown in this contribution, Governor Bebb was defended by Governor Tom Corwin in a plea to the jury that must have had its influence in determining the verdict. The legal proceedings attending this unfortunate affair were conducted with dignity and in a manner entirely creditable to the citizens of Winnebago County. There was deep interest but no undue excitement. There had evidently been no unusual prejudice against Governor Bebb or his family. He was not forced to seek refuge in the county jail or elsewhere.
The story of Corwin's traveling incognito on horseback over the county to cultivate the favor of the people, which he afterwards turned to the advantage of his client, is evidently a pure fabrication, possibly the creation of an imaginative reporter working under high pressure and eager to furnish a "cracking good story for tomorrow's paper." It was Governor Bebb's son, not his daughter, who was married, and only one man was killed at the charivari. The reader will notice several other discrepancies in the "story".
The tragic occurrence had its double lesson. It caused Governor Bebb and his family much trouble and many vain regrets. It was a sad experience and a solemn warning to those who participated in the affair which brought to an untimely end the life of one of their number. Governor Bebb seems to have overcome any feeling of resentment that may have followed his trial. After a period of service in Washington during the Civil War, he returned to his large farm in Illinois and later, due to failing health, moved to Rockford, where he died October 23, 1873.
The Scholarly Journal of the Ohio Historical Society
BY C. B. GALBREATH
For many years an interesting bit of literature has been going the rounds that has in many instances gained currency as a chapter in the history of the governors of Ohio.
Under the caption "A Story of William Bebb", it has found its way into the schools and the public and private libraries of the state. Here it is without omission or addition:
If you should visit the State House in Columbus,and look among the pictures of the governors of the state, you would find among these, a portrait of William Bebb, who was governor of the state in 1846 and '47.
After he had finished his term of office, he decided to go west, and so, gathering together his effects, he went overland and settled near Rockford, Illinois.
In the course of time there was a wedding in the family, his daughter becoming the wife of one of the young men of the neighborhood. As was customary at that time, the parents of the bride gave a great supper to the guests, who came from far and near to attend the wedding. The occasion was a very joyous one, as such occasions usually are, and the festivities were prolonged until late in the evening.
After the guests had finally departed, the ex-Governor of Ohio sat meditating. No doubt he thought of how soon the little girl had grown to womanhood, and perhaps his mind returned to Ohio, and it may be he lived over again many of the events connected with his political career.
While thus meditating, he heard a great noise in front of the house, and knew at once it was a belling party come to do honor to the newly-married pair. But he was not in the mood for such revelry, and hurrying to the front door, he called out to the crowd: "Now, you fellows, get off my place." They answered him by ringing their bells and blowing their horns and shouting lustily. He went back into the house, and from two pegs on the kitchen wall, he took a double-barreled shotgun. Going to the door, he called out: "Now, I will give you fellows just three minutes to get off my property." Again they answered him with shouts, blowing of horns, and ringing of bells. Taking out his watch, he counted "One -- Two -- Three ! At each count there was a renewal of the noise. Putting his watch into his pocket, he leveled his gun and fired, and there fell, out in the yard, two young men. He went back to the kitchen, hung up the gun on the pegs, went to the barn and saddled his horse, and rode to the town of Rockford. Rousing the sheriff of the county from sleep, he told him something of the circumstances, and asked to be locked up in jail. The sheriff complied with his request.
The next day, there was great excitement throughout the county. People were indignant that this interloper from Ohio should come to their community, and, losing his temper on account of an innocent belling party, should take the lives of two of their fine young men. But the sheriff was wise and cool-headed, and so by dint of patience, he succeeded in calming the excitement and William Bebb was allowed to repose in the county jail in safety.
Some days after this, a stranger, wearing a broad-brimmed hat, rode up to the tavern of the little town on a roan mare. Handing his bridle to the stable-boy, he gave directions as to how the mare should be cared for. Going into the tavern he engaged a room and told the landlord that he might be with him for several weeks. The landlord assured him that he would be well taken care of.
The next morning, quite early, having finished his breakfast, he had the mare brought out and started down the country road. At the first farm house, he stopped on some pretext or other, and soon entered into conversation with the people about the house. They were all very much pleased with the stranger, and after he had gone, wondered who he could possibly be.
At the next farm he found the men in the field at work, and soon they and he were friends. He sat on the fence and told good stories, and soon convinced them that he was a jolly good fellow. This was repeated at each farm house. At noon, a farmer invited him up to the house to dinner, and there again he proved a delight to all the members of the household. The ladies were charmed with his manner, and the children took kindly to his rollicking ways, as the men and boys did to his good stories and his great fund of knowledge.
Thus he made a circuit of the county, and the evening found him back at the tavern at Rockford. The next day he went out a different road, returning as usual in the evening, and so this continued for weeks, until everybody in the county was asking eagerly -- "Who is the stranger that rides a roan mare and wears a broad-brimmed hat?" Nobody knew, but they all agreed that he was one of the most pleasant, fascinating men they had ever met.
Finally the trial of William Bebb came on. The prisoner was brought from the jail into court, pale and haggard from his long confinement and anxiety. The judge said, "William Bebb, arise!" and the prisoner arose. Then the charge was read and the question was asked, "Are you guilty or not guilty?" and the prisoner replied, "Your Honor, not guilty." Then the judge asked, "Who is your attorney?" and the prisoner, raising his head and looking at the judge, said, "Your Honor, I have no attorney-- I shall conduct my own case."
Just then, there was a commotion in the rear part of the courtroom, and all eyes were turned in that direction. There they saw standing the man who wore the broad-brimmed hat, the rider of the roan mare. Said he, "Your Honor, just one word, if you please; the prisoner at the bar has an attorney."
The judge asked, "Who is his attorney?" Said the stranger -- "I am." Then the judge asked, "Who are you?" Whereupon the stranger replied, "Back in Ohio, where I live, they call me Tom Corwin, and Tom Corwin is my name. Many years ago, when I was a ragged, barefoot boy with no prospects and but little encouragement, the prisoner at the bar saw me one day, and laying his hand kindly upon my head, said, 'Tom, my boy, I believe you have something in you, and if you will only help and let me, I'll see if we cannot bring it out;' and if I am anything today in the councils of my own State or of the Nation, I owe it all to the prisoner at bar, William Bebb; and when I learned that my old friend was in trouble, I saddled my roan mare and came here post haste, and here I propose to stay until your jail doors open and William Bebb goes forth a free man."
Then the court house rang with applause. When order was finally restored, the trial proceeded. A jury was impaneled, but there were not twelve men in that county who had not heard Corwin's good stories, and been drawn to him by that strange spell which he always cast over men, whenever they came into his presence. Then they summoned their witnesses, but there was nobody in the county who cared to testify against the interests and feelings of the rider of the roan mare.
So the trial went on, and when the time came for Tom Corwin to speak, every available foot of space was occupied. We lack the record of that speech, but it is easy for us to imagine that it was one that thrilled his hearers, for the speaker was Tom Corwin and he was trying to save the life of a friend. Certain it is, that not ten minutes after the jury had retired, they returned with the verdict "Not guilty." Then indeed, the jail doors swung wide open and William Bebb, at the behest of Tom Corwin, went forth a free man.
Such is the story that links together the names of two of Ohio's governors. It is not only interesting but decidedly Corwinesque. It is not difficult to imagine that many who have read the life of Tom Corwin and admired his eloquence, statesmanship, wit, humor, and greatness of heart, have stated on concluding this story, "That's just like Tom Corwin".
It is really too bad to spoil this choice bit of literature, but historical accuracy is imperious and its demands may not be evaded. The tragic event with which the story opens actually occurred, but the details differ somewhat from the straightforward unvarnished statement published in the papers of Winnebago County, Illinois, and copied extensively by the Ohio press. The Rockford Republican, published in Rockford, the county seat of Winnebago County, Illinois, on May 21, 1857, carried the following announcement:
Ex-Governor Bebb, formerly of Ohio, but now a resident of Seward, Winnebago county, Illinois, had been molested, at his residence by a mob of men, and had fired upon and shot two of them, killing one man instantly.
It appears that for some time past a good deal of coldness, and in many instances bad feeling, had been growing up among some of the Governor's neighbors, as against himself and family, springing, it is said, more or less out of jealousy of his pecuniary circumstances, and a belief that he was somewhat aristocratic in his tastes and associations.
The return of his son with his wife, on Thursday night, from the East, whither he had been to get married, was fixed upon by the rowdy portion of the young men of the neighborhood as a proper occasion to manifest their ill-feelings. They accordingly prepared themselves with cow bells, tin pans, guns and other articles ordinarily used upon such occasions, and repaired to the residence of the Governor at a late hour in the night, and commenced making all manners of noises, clamors and outcries, assailing the house with stones, and firing towards it with their guns.
After enduring this assault for some time in silence, Gov. Bebb made his appearance at the front of his house, and remonstrated with the mob, requesting them to desist. This request was received with hootings and howlings and an increase of clamor. After a little time he came forward and remarked that patience had ceased to be a virtue and that if they did not desist and leave the premises he would be compelled to use violence.
This threat only seemed to exasperate the assailants, who replied that they had come there to fight, and were only waiting for him to commence, or words to such import. He then went into the house and brought out a double barreled shot gun, firing one barrel at the feet of the ring leaders of the mob, which took effect upon one of the party, crippling him in the leg.
At this, some of them dispersed, while the others rallied and made a rush upon the Governor, who raised his gun and discharged the other barrel at the foremost man, hitting him in the head and killing him instantly, whereupon his assailants suddenly decamped.
Here we have what appears to be a very frank and unbiased statement from a local paper. It is evidently worthy of all confidence.
But how about Tom Corwin's connection with the case? That feature of the story might still be essentially true. The news item just quoted gives no intimation of legal proceedings and the final trial of Governor Bebb.
The Ohio Repository of June 10, 1857, carries an item widely published at the time which seems to wreck the story of Corwin's connection with the case and shows that Governor Bebb was not even brought to trial. Here is the news item:
Discharged. -- Ex-Governor Bebb, of Ohio, who recently fired upon a party of serenaders, at his residence in Winnebago county, Illinois, and killed one of them and wounded others, has been honorably discharged after a full investigation of the matter. The serenaders, it appears, were a gang of insolent rowdies, who surrounded the house of the ex-Governor and insulted the family until he was compelled to fire upon them, after begging and coaxing them to leave.
The sequel proves that it is not always safe to accept a newspaper report made in good faith, as final. After a careful examination of all essential records in this case, it is possible at this late date to give its true history.
The youth slain at this serenade, or "charivari" as it is more appropriately called, was Lemuel Clemens, a farm hand. With him were eleven associates, Daniel Hogan, William Hogan, Ephraim Dennis, David Coolbaugh, Joel Wood, Joshua Wood, Matthew Howell, Tryon Brackett, Elsy Chronister, Nelson Halleck, and a man who worked at Hogans but whose name does not appear in the report.
His body was taken on the night of the tragedy to the home of Mortimer Brewster, in Ogle County, Illinois, for whom he had been working on a farm. No inquest was held in Winnebago County where the shooting occurred, but William Bebb on May 21, addressed a letter to justices of the peace Isaiah Lyon and James G. Manlove, asking for a public examination of the circumstances attending the death of Clemens.
On May 25 an examination was held before these two justices in the county court house at Rockford, Illinois. "William H. Ogden and J. F. Warner conducted the examination for the people", and Governor William Bebb and Anson S. Miller for the defense.
After hearing the evidence, which is given in the local papers of the time, "the court discharged the defendant". This preliminary action doubtless explains the item published in the Ohio papers to the effect that Governor Bebb had been discharged. The natural inference was that this ended the case.
It appears, however, that there was on May 20, 1857, before T. P. Parker, justice of the peace for the town of Byron, Ogle County, Illinois, an inquest over the body of Lemuel Clemens, resulting in a finding by the jury that deceased came to his death by a shot from a gun in the hands of William Bebb.
Just what subsequent legal steps were taken does not appear from the sources of information at hand. There had evidently been an indictment by grand jury. Governor Bebb was tried for manslaughter by the circuit court of Winnebago County, Illinois. The trial commenced February 4, 1858, and lasted four days. Wide interest in the case and the eminence of the defendant and counsel brought forth a crowd that filled the court room to overflowing long before the trial opened.
A jury was promptly empaneled. The court room was packed and a large crowd outside was unable to get within hearing distance. At the suggestion of counsel for the prosecution and approval by counsel for the defense, court adjourned to the auditorium of Metropolitan Hall. U. D. Meacham, state's attorney, and T. J. Turner, conducted the prosecution; Hon. Thomas Corwin, Judge William Johnston, Judge Anson S. Miller, and James L. Loop, represented the defense. Mr. Turner opened the case for the prosecution and Judge Miller followed for the defense.
Then followed the examination of the witnesses, which occupied the remainder of the first and all of the second day. The testimony for the prosecution and the defense differed in some important particulars. The material witnesses for the former were participants in the charivari; for the latter, a member of the family of Governor Bebb and a man in his employ. According to the testimony for the prosecution, while the charivari was a noisy demonstration, nothing was done to indicate the purpose to destroy property or injure the person of Governor Bebb or any of his family.
The participants were twelve in number. They had three guns--two double barreled shotguns and one rifle. With these they fired volleys variously estimated by different witnesses at from five to twenty in number. Members of the party who did not have guns rang bells and made noises on various other instruments used on such occasions. Shouts added to the din and occasional cheers were given for Michael Bebb, the bridegroom whose return to the parental home was the innocent occasion of all this uproar.
At the first round fired, one of the double barreled guns was loaded with shot, the others with paper wads. In subsequent rounds paper wads only were fired and the guns were always pointed from the residence. While the charivari was at its height, a man stepped from the shadow of the house and, without saying a word, fired. Some of the scattered shot took effect but did not wound anyone seriously.
Almost immediately thereafter a second shot was fired at Lemuel Clemens, only a few feet distant. The charge entered his mouth and killed him instantly. The witnesses for the prosecution all swore that they did not hear a word of warning from Governor Bebb.
On Friday afternoon, February 5, began the testimony for the defense. The principal witnesses were Edward Bebb, son of the Governor, Lawrence McDonald, a man living with Governor Bebb, and Alfred W. Copeland, a neighbor who was awakened by the noise.
Edward Bebb's testimony is fully given in the local newspaper accounts of the trial. He said that his father had been confined to his room by illness the day of the charivari; that he himself was awakened by the firing of the guns and shouting about half past ten o'clock on the night of May 19, 1857. He at once got his double barreled shotgun and proceeded to load it, when he found he had no shot. McDonald, the hired man, got the shot and Edward Bebb loaded the gun. As he was passing from the room, his father took the gun, saying that he would handle it as he feared that his son under excitement might use it rashly.
Edward Bebb swore that before firing the first shot his father had called aloud to the rioters, "Begone, you scoundrels, from molesting my family, or some of you will get hurt". The Governor then fired. This shot was answered by derisive shouts and an on-rush toward his father, when the second barrel was fired, killing the young man nearest him. A candle was brought from the house to determine who had been slain.
At this point the son testified: "In the conversation over the dead body, father said he would rather his house had been laid in ashes, if his family had all been out, than to have had this happen." He also stated that his father had given warning before firing the second shot; that the charivari party when firing pointed their guns toward the house; that the wads fired were picked up near the walls of the house the next day.
The body of Clemens was taken home in Governor Bebb's wagon drawn by a neighbor's team of horses. The testimony of the other witnesses for the defense substantiated that of Edward Bebb. An interesting feature of the strategy of the defense was the introduction of testimony of a number of disinterested witnesses setting forth the character of the charivari as it had been conducted in this section of Illinois for a number of years past. In most instances, witnesses declared, it had been little better than a riotous mob.
On the morning of the third day of the trial Mr. Turner commenced the argument for the prosecution. On the afternoon of the same day Judge Johnston opened the argument for the defense in a plea for the defense. He spoke two and one-half hours. On the fourth day Hon. Thomas Corwin spoke for Governor Bebb. The Rockford Register contains the following notice of his eloquent appeal:
It having been ascertained that Hon. Thomas Corwin would speak this morning, Metropolitan Hall was more than half full before 8 o'clock, though court did not meet until 9. A large proportion of the audience was ladies; indeed this was the case during most of the trial.
At the opening of the court, Mr. Corwin commenced one of the very best and ablest speeches we have ever heard. It was just such a speech as Tom Corwin alone can make, and was listened to with best attention. It lasted some four hours, during which time he went over every particular of the case, applying the law to each point and showing under what circumstances a man may kill another, and also detailing in great beauty of language the manner in which the people had become possessed of the inalienable rights to enjoy their homes in peace and undisturbed.
We regret that we are obliged to cut down this speech to a mere synopsis, as we have neither space nor time to give a verbatim report of it. In the afternoon state's attorney U. D. Meacham made the closing argument for the prosecution. It is described as an excellent speech, not marred by any exhibition of feeling, but a candid and impartial review of the testimony and the law.
Presiding Judge Sheldon then charged the jury and they retired at 5 o'clock in the afternoon. At 9 o'clock they returned with a verdict of "not guilty".
The Rockford Register follows its account of the trial with this statement: We cannot close this report without saying a word of approval of the verdict. We think it a most righteous one; not that we advocate the taking of life by aggrieved parties, but in such cases as this it is almost the only means of protection against outrage and insult. Charivaries in this neighborhood, and indeed in all others, are far worse than ordinary riots, because they are generally got up under the guise of friendship and are made an excuse for every description of lawlessness and outrage. Ours and the adjoining county have been the scene of too many of them, and we shall rejoice if the action of Governor Bebb has the effect of putting a stop to them. From evidence it will be seen the defense established three important facts, viz.: I. That the guns of the party were fired pointing towards the house. 2. That the rioters were making a rush on the governor when he fired the second shot, and, 3. That the governor repeatedly and in a loud voice ordered the rioters off before and after firing the first shot.
The trial was conducted on both sides with great ability, the prosecution evincing a proper energy without any rancorous zeal while Judge Miller and Mr. Loop rendered efficient aid in the selection of a jury and the examination of witnesses. Of Governor Corwin and Judge Johnston it is needless to say a word; their reputation is national, and any praise we might bestow could not add to it.
Governor Bebb was a native of Butler County, Ohio. One naturally looks to the local histories for biographical details. A fairly satisfactory sketch of his life is given at some length in the Centennial History of Butler County, published in 1905. The author, however, has been misled by the preliminary hearing before the two justices of the peace in the town of Rockford on May 20, 1857, as the following quotation clearly shows: The circumstances of the homicide were investigated at his [Governor Bebb's] demand, and after the hearing of the testimony he was, without argument, discharged. His old-time friend and political associate, Thomas Corwin, of Ohio, hearing of his trouble, went to Illinois and volunteered his services to defend Governor Bebb from the charge of murder should he be indicted under the law for it. However, the action of the court at the preliminary hearing, in discharging him, rendered Corwin's services unnecessary.
As shown in this contribution, Governor Bebb was defended by Governor Tom Corwin in a plea to the jury that must have had its influence in determining the verdict. The legal proceedings attending this unfortunate affair were conducted with dignity and in a manner entirely creditable to the citizens of Winnebago County. There was deep interest but no undue excitement. There had evidently been no unusual prejudice against Governor Bebb or his family. He was not forced to seek refuge in the county jail or elsewhere.
The story of Corwin's traveling incognito on horseback over the county to cultivate the favor of the people, which he afterwards turned to the advantage of his client, is evidently a pure fabrication, possibly the creation of an imaginative reporter working under high pressure and eager to furnish a "cracking good story for tomorrow's paper." It was Governor Bebb's son, not his daughter, who was married, and only one man was killed at the charivari. The reader will notice several other discrepancies in the "story".
The tragic occurrence had its double lesson. It caused Governor Bebb and his family much trouble and many vain regrets. It was a sad experience and a solemn warning to those who participated in the affair which brought to an untimely end the life of one of their number. Governor Bebb seems to have overcome any feeling of resentment that may have followed his trial. After a period of service in Washington during the Civil War, he returned to his large farm in Illinois and later, due to failing health, moved to Rockford, where he died October 23, 1873.
The Scholarly Journal of the Ohio Historical Society