Early Bench And Bar of Illinois

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Accordingly an indictment was pre- sented against one hundred and twelve who were present at the trial and execution of the culprits. Of course, my consultations had been with only a few of the leaders, but now it was necessary to have them all together, and accord- ingly we marched out onto a little isolated peak in the prairie, and I had them formed in a circle around me, while I called over a list of the defendants, when all answered to their names except four, who were unavoidablv absent. E...ven the sheriff, in whose nominal custodv thev 7 98 EARLY BENCH AND BAR OF ILLINOIS.
were, was convenient!}^ absent, and no one but the prisoners and myself were within two hundred yards of us. I was assured that no one of them had boasted of the transaction, or in any way admitted that he was present at the time, and I saw no difficulty in the way, except as to the four defendants that were notpresent, in whose favor a judgment of acquittal was as necessary as to the others; but this was got over by selecting four of the party, each of whom was to answer for one of the absentees when his name should be called in court to plead to the indictment.


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