Marks, Judge

BIOGRAPHIES
HISTORY OF GREENE & JERSEY COUNTIES, ILLINOIS - 1885

Springfield, Ill.: Continental Historical Co.




Page 1073

Of the first noted law case it is remarked: It originated in this wise: One, "Judge Marks," lived on section 11. His humble log house stood a few rods east of the railroad, on the hill on the property now owned by J. D. Tunison. Marks was a man of hitherto unimpeached honor and veracity, and justly prized his good name and character. He was a candidate for the highest office in the county (senator we believe). His competitor was Thomas Rattan, the wealthiest man north of Apple creek. On the east of the road was an ox mill and a distillery. The voting place was Rattan's house, and on election day excitement ran high, which was increased by the free use of whisky purchased, of course, by the candidates. Richard Rattan, the brother of Thomas, was making headway for his brother by arguments, but more by whiskey. Mr. Marks finally yielded to the pressure and ordered whiskey too. A few minutes passed, and seeing some liquor near, supposing it to be what he had ordered, began dealing it out as his treat. Soon Richard Rattan discovered that Marks was not using his own whisky and said, "You stole brother Tom's whisky and treated out of that." "I did not," said Marks, "I ordered the liquor and treated out of it." "You did not, sir, you stole my brother Tom's whisky and I can prove it." I will give you an opportunity to do so," replied Marks, and began suit for slander. The case could not be decided in Carrollton. A change of venue was taken to Madison county. The trial came off at Edwardsville. Each party knew of one witness, who was duly and truly sober; and each party had him summoned. Neither party could find out exactly what that witness' testimony would be, before trial, and after hearing, both were dissatisfied with it; it was not enough, and yet too much. The testimony was as we have narrated. The jury's verdict was, one cent damages for plaintiff. Rattan sold his farm to pay costs. Marks' expenses and chagrin caused him to dispose of his, and move into another county, where he died, at an advanced age, highly esteemed.


Bio Index
All material contained on these pages are furnished for the free use of those engaged in researching their family origins. Any commercial use, without the consent of the host/author of these pages is prohibited. © ILMAGA