Archive for September 3rd, 2012

1821: Timothy Bennett, duelist

Add comment September 3rd, 2012 Headsman

From the Oct. 12, 1927 Republican Herald recapping the Land of Lincoln’s hanging history on the occasion of its trendy switch to the electric chair.

Hanging has been the legal method of execution in the state of Illinois for 106 years, the first execution in the state being held at Belleville on September 3, 1821, when Timothy Bennett paid the penalty for murder resulting in a duel in which Timothy [sic — the rest of the article refers to the victim as “Alphonso”] C. Stewart was killed.

According to the account appearing in an old history of St. Clair county, now in the state historical library, Timothy Bennett and Alphonso C. Stewart became involved in an argument while under the influence of liquor, on February 8, 1819, at Belleville. Friends interfered and sought to effect a reconciliation, but their efforts were unavail[ing]. Finally it was agreed to arrange a sham duel in the belief that the ridiculous issue would bring the two participants to their senses.

“The duel was arranged,” the account reads. “Jacob Short and Nathan Fike acted as seconds. When the word was given and the rifles discharged, it was proven the ‘sham’ duel was fought with powder and lead-at any rate Alphonso C. Stewart fell to the ground mortally wounded.

Special Session in Court

“Timothy Bennett was arrested and so were the seconds, Short and Fike. A special term of the circuit court was held March 8, 1919 [sic], under a special law of the legislature to hold said term. The officers of the court, John Reynolds, judge; John Hay, clerk, and W.A. Beard, sheriff, were all appointed by Governor Shadrack Bond.

“The grand jury found true bills of indictments for murder against Bennett and the two seconds after hearing the testimony of Reuben Anderson, James Parks, James Kincade, James Reed, Daniel Million, Ben Million, Peter Sprinkle and Michael Tannahill.

“When the case was called for trial the sheriff reported that Bennett had broken jail and was at large. Short and Fike had their trial in June 1819, and were acquited [sic].

“Bennett was captured and jailed about July 1, 1821. A special term of court was held July 26, 1821. The grand jury found a new indictment against him for the same offense

Trial Starts Immediately

“Bennett was put on trial July 27, 1821, before Judge Reynolds and a jury. The jury rendered a verdict July 28, and found the presoner [sic] guilty. He had entered a plea of not guilty.

“The court then proceeded to pass sentence upon him in the following words:

“And it being demanded of him if anything for himself he had or knew to say why the court should not proceed to pass sentence upon him, he said he had nothing more than he had before said. Therefore it was considered by the court that he be hanged by the neck until he is dead, and that the sheriff of the county do cause execution of this judgment to be done and performed on him, the said Timothy Bennett, on Monday, the third of September, next, between the hours of ten in the forenoon and four in the afternoon at or near the town of Belleville.”

“Neither Bennett nor his friends believed that this awful sentence would ever be executed. The latter made strenuous efforts to have him pardoned. Failing in this, they tried to have the sentence commuted. But the governor remained firm and against all entreaty.

“On the day appointed for his execution, Bennett was hanged near West Belleville, near the site of the Henry Raab school. The execution was witnessed by a multitude of men, women and children.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Illinois,Milestones,Murder,Notable Jurisprudence,Public Executions,USA

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