Chapter Four, The Killer

1874, Winchester, Illinois

In the Scott County Circuit Court, October Term, A.D. 1874
The People of Illinois vs 
Lewis Maddox and Wm Maddox etal
Indict. for Murder

Oct 30th. Jury sworn to try issue, against Lewis Maddox, defendant arraigned and pleads not guilty.

Murder at Mauvaisterre Creek

How did an ordinary farmer come to kill his father, have his name splashed on newspapers all over the United States and fuel family legends that persist to this day? Did the jury make the right decision? There are no surviving transcripts of the trial, but we can read the evidence presented to the grand jury. 

The newspapers sensationalized the story and most accounts did not reflect the court records. However, the reporting of two newspapers had better accounts. The Brooklyn Daily Eagle likely quoted from the Jacksonville Sentinel and the St. Louis Globe Democrat referenced The Winchester Times. The clippings are below.

Meet the Killer

Lewis (Louis) Maddox was born in Pickaway County, Ohio, in December, 1846, to William Maddox and Nancy Jane Webb. His oldest brother, John, had died as a toddler. The next oldest brother was David and several siblings followed Lewis. This birth order made Lewis a middle child, while the death of John left behind the enduring promise of a perfect child that his living siblings could never achieve.

As each family member is introduced, bear in mind that there is a family history of alcoholism, especially in the 19th century. Our Native American heritage left our ancestors unable to metabolize alcohol. My great-grandmother, niece of Lewis, claimed to have one-eighth Native American blood. That would have made Lewis one-quarter and his father, the victim, as much as one-half. There is no proof to date of these claims; however, the oral tradition lives on in several diverse branches of the Maddox family. 

In about 1853, the family moved to Scott County, Illinois, living on a 270-acre farm adjoining a deep bend of Mauvaisterre Creek. Lewis worked on the farm and attended school, according to the 1860 census.

As a middle child, Lewis likely would have lived and died an obscure farmer, if not for the Civil War. When his older brother David enlisted at age 19, Lewis tagged along. He claimed his age as 18, though in the summer of 1862, he would have been only 15. If his birth was actually in 1845, which is possible, he would have been 16. Nonetheless, he was underage. Did he want the enlistment bounty money, the excitement of war or just to escape the drudgery of the farm?

The muster roll for Company F, 129th Illinois Infantry, shows that Lewis was 5 foot 6 inches, with black eyes, dark hair and a dark complexion. Later documentation shows him as taller, so he had not yet had his final growth spurt. No man is ever prepared for the horrors of war, but a 15-year-old is even less so.

The 129th served first in Kentucky and Tennessee, engaging in skirmishes and protecting the railroad. Lewis was medically discharged on July 22, 1863, having served less than one year. He had chronic diarrhea, likely dysentery, which was the most common disease suffered by troops on both sides of the conflict. He also claimed to have fallen from a railroad trestle onto rocks, injuring himself internally. He was sent to a hospital in Gallatin, Tennessee, where he was observed having convulsions on a daily basis. Did he suffer a concussion? He was discharged from the Army with a certificate of disability.

Lewis returned home to heal, then enlisted in Company B, 133rd Illinois Infantry, for a period of 100 days in 1864. That time was spent guarding prisoners at Rock Island, Illinois. David, staying with the 129th, marched south with General Sherman's Army as it swept through the South, burning Atlanta and making the march to the sea and Savannah, Georgia.

David died during or shortly after the war. With David's death, Lewis moved from a middle child to become the eldest of four brothers. I think that he was uncomfortable with being in the leadership role. He seemed to be a follower, rather than a leader.

Lewis and his next youngest brother, William H. Maddox, together leased land from their father and began farming for themselves. Lewis applied for a marriage license with Melissa Boss on September 14, 1867. There is no indication that this license was used.

Lewis married Ellen Taylor on September 22, 1869, and their brief union was blessed with one son. John Alexander Maddox was born on July 18, 1870. His mother died while he was young.

Lewis and his father argued often about partitioning the farm. Lewis and young William wanted their birthright. William the elder did not agree that the farm should be partitioned. Fueled by alcohol, their arguments turned bitter on the day of the shooting. Their first cousin, William C. Knowles, was party to the events of that tragic day, November 24, 1869. It was the beginning of a five-year fight to avoid prison, survive a depression and retain the farm.

Lewis and the other young men spent months in jail, but avoided prison. Lewis eventually moved to Brown County, married twice more and fathered at least nine children. He died in 1915 and is buried in a remote cemetery in Brown County, with a military marker.

The two best newspaper clippings follow. Neither fully matches the court records.

 

The Brooklyn Daily Eagle, December 16, 1869, Page 4, Column 1

Transcribed:

A Father Shot Dead by his Son.
JACKSONVILLE, ILL., Dec. 15.
Wm. Mattocks [sic], late of Scott County, was killed a few days ago by his son Lewis. The facts are as follows:
The old man was quarrelsome when under the influence of liquor, and on the day of his death, he came home considerably intoxicated. Having a knife in his hand and swinging it in a threatening manner, he approached Lewis, saying he would cut his heart out.
Lewis told him not to come near him, at the same time backing into a shed from which a shot was fired, and the old man fell dead. There were two men, Wm. Mattocks and __ Knowles, in the shed at the time Lewis entered. It is supposed that Lewis backed out to the shed for the purpose of attracting the old man from the house before firing the fatal shot.
Lewis and Wm. Mattocks, and __ Knowles were arrested. A Coroner's jury committed all three to jail on a charge of murder. Today, the prisoners were brought before Judge Hodges on a writ of habeas corpus, and evidence is now being heard.

The St. Louis Globe Democrat, December 12, 1869, Page 2, Column 5

 

Transcribed:

MURDER IN SCOTT COUNTY, ILLINOIS.
On Wednesday, the 24th ult., a difficulty occurred between Wm. Maddox and his sons, Lewis and Wm. Maddox, Jr. — all residents of Scott county — which resulted in Lewis Maddox shooting and killing his father.
The facts, as we learn them from the Winchester Times, are as follows:
Some time ago the father rented out his farm to Lewis Maddox and Joseph [sic] Knowles, who purchased some of the personal property, but on failing to comply with the terms of sale the father refused to give up the property. This and other family matters caused a hardness between the parties, and the boys were heard frequently to threaten personal violence against the old gentleman.
On the day of the murder, Lewis Maddox, Samuel [sic] Knowles and Wm. Maddox, Jr., demanded the surrender of the property; and on being ordered off the property, repaired to Exeter, got drunk, and several times were heard to say they would have the property or "finish the old man." They then returned, and the old gentleman, not liking the movements, called in two of the neighbors, but on approaching the house, Lewis Maddox came to the door of his house, only ten feet distant from his father's residence, raised his rifle, and fired. The ball entered at his father's shoulder. He lingered until the following Monday.
On Wednesday following the three boys were arrested, and after a preliminary trial before Esq. Hitt — during which the above facts were elicited — they were committed to jail to await the action of the grand jury.

Chapter Three, A Telling Divorce Petition

Divorce in the 1860's was unusual, yet Nancy Jane Webb Maddox dared to file in 1867 for a divorce from William W Maddox, the murder victim. Even today, couples who divorce tell wild stories in divorce cases, so we have to take the statements with a grain of salt. The outcome of the case isn't known; however, Nancy is listed as the widow in the probate file. Therefore it can be assumed that the divorce was not granted.

Some of the terms in this filing are outdated, but can be found defined online.

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In the circuit court

of Scott County Illinois

of October Term 1867

To Hon Charles D Hodges Judge of the the first judicial circuit in chancery sitting:

Your complainant Nancy Jane Maddox represents unto your honor that she was married to Wm Maddox at Pickaway County Ohio some 25 years ago, that they are both now and have been for two years last past residents of Scott County Illinois: That on her part she has always discharged her duty fully as his wife, but charges that said Wm Maddox her said husband has violated his marital obligations continually for the last two years, without cause and in divers [sic] ways to wit:

He has been guilty of extreme and repeated cruelty by striking, beating, kicking, cussing and otherwise maltreating complainant.

He has been a habitual drunkard for the space of more than two years last past and for a long period previous

He has been guilty of repeated acts of adultery with one Eliza Taylor and others with whom he has been in correspondence for several years, but the evidence of which adultery and illicit correspondence she has not been able till recently to secure, but has now full proof of the same,

that she has three children under age the fruits of said marriage the custody of whom her said husband is unfit to have and which she desires committed to her.

She further says that said William Maddox is worth some Eleven Thousand Dollars consisting of about 300 acres of land, and a large personal property and money.

And now she prays that said Wm Maddox be made defendant to this bill and subpoenaed to answer the same not on oath that being waived, that on hearing she have a divorce from the bonds of matrimony aforesaid, that the custody of George Maddox, William F Maddox, and Joseph A Maddox, minor children aforesaid be committed to her and that of his estate she have suitable alimony, her age being 47 years, for her support, proportional to his ability and her deserts the premises considered.

And she prays that the court will make special allowance by order against said Wm Maddox for her support and the costs of this proceeding, pending this suit, and for such other general relief as equity will give the premises considered.

[signed] Nancy J. Maddox

by N M Knapp
Solicitor



Nancy J Maddox
vs
William W Maddox

in Chancery

for Divorce

Clerk will issue subpoena in the above cause to Scott County for defendant, returnable to October term. Also for Jane Stark, John Holton, Oliver Peters, as witnesses.

N M Knapp
Solicitor


Filed August 8th, 1867
Geo G Terry Clerk
No. 21
Box 5

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Circuit Court Scott County

Illinois October Term 1867

N.J. Maddox
vs
W.W. Maddox

in Chancery

The undersigned master to whom the above cause was referred to take testimony would respectfully report, that having first sworn Oliver Peters he testified as follows

question. Do you know the parties to this suit

answer. I do

question. Do you know of his committing adultery with one Eliza Taylor, if so state all you know about it?

answer. All I know about it is that I seen a letter from her to my father, stating that she needed some money, and that he Maddox knew what he had promised her, that he Maddox was the only friend she had in the world. The letter I think was written from the state of Indiana.

question. What is Maddox worth, as near as you can tell?

answer. He owns about two hundred acres of land, and some stock and some money, and does not owe anything that I know of.

question. Has he been a habitual drunkard for two years before the commencement of this suit?

answer. He is in the habit of getting drunk occasionally, but I do not know that he could be called a habitual drunkard.

question. What is the reputation of his wife in the neighborhood where she lives?

answer. So far as I know, she is industrious and considered a good woman, and makes a good wife.

[signed] Oliver Peters

Subscribed and sworn to before me
this 1st day of Nov 1867
Geo G Terry
Clerk


Scott County, IL, Circuit Court Case Files Box 5 No 21, Nancy J Maddox vs Wm W Maddox, Bill for Divorce, 8 August 1867.

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Research notes on the witnesses who were named by the attorney:

Jane Stark is Elizabeth Jane Dillon Stark, born in Ohio about 1836, wife of Frederick Stark. She married Sampson Cantrell in 1868 in Scott County.

John A. Holton lived southwest of Merritt by 1870 and was a laborer born in Tennessee. He was the husband of Rachel and the step-father of William Eads. The two men were called as witnesses in the murder case. John also served on the coroner's jury.

Oliver Peters and his family were listed in the 1860 census just one farm away from the Maddox family, with one laborer between the entries. The Peters family relocated to Cass County, Missouri, by the time of the 1870 census. Oliver mentioned his father in his statement. That was probably John Peters, who lived about two miles from the Maddox family. The John Peters family had lived in Indiana, the birthplace of some of his children, including Oliver. There were Taylor families in that area, so it is possible that the woman named in the suit had been a neighbor of John Peters in Switzerland County, Indiana.
 

Chaper Two, The Victim

This is a reprint from another of my blogs, Scrapping My Family History:
52 Ancestors in 52 Weeks: #45 William W Maddox, The Victim at Mauvaisterre Creek

1869, near Merritt, Illinois

November 24, 1869, 2 PM

A gunshot rang out, echoing across the barren fields of Scott County. William Maddox, 49, was mortally wounded by his son, Lewis. Both men had been drinking. How did an ordinary farmer come to kill his father, have his name splashed on newspapers all over the midwestern United States and fuel family legends that persist to this day?

As each family member is introduced, bear in mind that there is a family history of alcoholism, especially in the 19th century. Our Native American heritage left our ancestors unable to metabolize alcohol. My great-grandmother, niece of Lewis, claimed to have one-eighth Native American blood. That would have made Lewis one-quarter and William, the victim, as much as one-half. There is no proof to date of these claims; however, the oral tradition lives on in several diverse branches of the Maddox family.

Meet the Victim

William W Maddox was born in Ohio, about 1820, to Lazarus Maddox and Elizabeth Greaton (Gratton) of Pickaway County. He was either the first or second son, with an older sister and a total of seven siblings. The family owned and worked small farms of 75 to 90 acres.

William married Nancy Jane Webb on February 21, 1840, in Pickaway County. He worked as a farm laborer, according to the 1850 census. They were the parents of at least seven children: John, David, Lewis, William H, George S, Joseph Allen and Margaret. John and Margaret died young, while David, a soldier, died near the end of the Civil War. Gaps in the birth years indicate a possibility of two other children who would have died young.

In about 1853, after the birth of George, the family moved to Scott County, Illinois. The Maddox family moved near the Greaton/Gratton family members of William's mother. They had settled in the area some 20 years before. William had been charged with assault in Pickaway County shortly before the move out of Ohio. Did he move as a way to avoid the consequences?

William bought land adjoining a deep bend of Mauvaisterre Creek. The agricultural supplement to the 1860 census shows that some 75 acres had been improved, with another 85 acres yet to be planted. By the time of his 1869 death, William owned 270 acres, much of it in fields of wheat, oats, rye, corn and barley. He also produced wool. As well as sheep, the family also kept pigs, cows and bees. There were likely chickens, though they are not shown in any record.

William and his sons had been industrious. He had tripled his father's peak of 90 acres and his sons wanted some of the land to start their own family farms. The boys wanted to receive their portion as a birthright, but William agreed only to lease half the tillable land to sons Lewis and William H. Witness statements reveal that Lewis and his father had been arguing about the land on the day of the murder.

After he was shot by Lewis, William needed someone to care for him. His treatment of his family had been abusive, based on the family stories. His assault charge adds weight to that legend. The family faced a problem. If William died, Lewis could be charged. Thus the family had every reason to keep him alive, though wanting him dead.

The hired hand, Samuel Coleman, must have been trusted by everyone, as he tended William throughout the agonizing days of his decline. William W Maddox died on December 1, 1869. His burial place is unknown, though it is likely on or near the family farm.

Chapter One, The Accusation

State of Illinois
Scott County

Complaint and information of George Green, of the county and state aforesaid, before me, Henry Hitt, an acting Justice of the Peace within and for said county, who being duly sworn on oath says that on or about the 24th day of November A.D. 1869, William Mattox [sic] sen[ior] was killed and murdered at the county of Scott and state of Illinois, and that he has good reason to believe and doth suspect that Lewis Mattox did commit the said crime and also that William Mattox Jun[ior] and William Knowles were standing by aiding and abetting in said crime.

[Signed] George Green

Subscribed and sworn to before me this 2nd day of December A.D. 1869.

Henry W Hitt J.P. [Seal]

IL. Scott County. Criminal Case Files. Scott County Courthouse. Winchester, IL.

The Debut of Murder at Mauvaisterre Creek

On November 24, 1869, a single bullet changed a family's future. Check in to meet the family and question the evidence. What really happened? Did the grand jury make a good decision? How about the trial jury? You get to decide for yourself.

Image credits: GZitzmann custom sketch, Scrap Girls template, elements by Mommyish for Digital Scrapper