Ohio History Journal

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 omis-

sion 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 pro-

longed 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 con-

nected 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

(48)

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Trial of William Bebb.              49 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 re- newal 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 Rock- ford. 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 ac- count of an innocent belling party, should take the lives of two of Vol. XXXVI--4.

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50       Ohio Arch. and Hist. Society Publications.

 

their fine young men. But the sheriff was wise and cool-headed,

and so by dint of patience, he succeeded in calming the excite-

ment 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 sev-

eral 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 re-

peated 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 eve-

ning 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

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Trial of William Bebb.               51

 

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 any-

thing 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 in-

terests and feelings of the rider of the roan mare.

So the trial went on, and when the time came for Tom Cor-

win 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".

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52     Ohio Arch. and Hist. Society Publications. .

 

It is really too bad to spoil this choice bit of litera-

ture, but historical accuracy is imperious and its de-

mands 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 ex-

tensively 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 com-

menced making all manners of noises, clamors and outcries, as-

sailing 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 remon-

strated 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

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Trial of William Bcbb.              53

 

to commence, or words to such import. He then went into the

house and brought out a double barrelled 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 essen-

tially true. The news item just quoted gives no inti-

mation of legal proceedings and the final trial of Gov-

ernor 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 coax-

ing them to leave.

 

The sequel proves that it is not always safe to ac-

cept 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.

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54      Ohio Arch. and Hist. Society Publications.

 

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 Cool-

baugh, 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 exami-

nation 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, Il-

linois. "William H. Ogden and J. F. Warner con-

ducted 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 defend-

ant". This preliminary action doubtless explains the

item published in the Ohio papers to the effect that

Governor Bebb had been discharged. The natural in-

ference 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

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Trial of William Bebb.         55

 

a gun in the hands of William Bebb. Just what subse-

quent 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 Winne-

bago 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 de-

fense, court adjourned to the auditorium of Metropoli-

tan Hall. U. D. Meacham, state's attorney, and T. J.

Turner, conducted the prosecution; Hon. Thomas Cor-

win, Judge William Johnston, Judge Anson S. Miller,

and James L. Loop, represented the defense. Mr. Tur-

ner opened the case for the prosecution and Judge Miller

followed for the defense. Then followed the examina-

tion 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

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56      Ohio Arch. and Hist. Socicty Publications.

 

family. The participants were twelve in number. They

had three guns--two double barrelled 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 scat-

tered shot took effect but did not wound anyone se-

riously. 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 testi-

mony for the defense. The principal witnesses were

Edward Bebb, son of the Governor, Lawrence McDon-

ald, 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

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Trial of William Bebb.         57

 

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 near-

est him. A candle was brought from the house to de-

termine who had been slain. At this point the son tes-

tified: "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 warn-

ing 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 fea-

ture of the strategy of the defense was the introduction

of testimony of a number of distinterested witnesses

setting forth the character of the charivari as it had

been conducted in this section of Illinois for a number

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58        Ohio Arch. and Hist. Society Publications.

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 lan-

guage the manner in which the people had become possessed of

the inalienable rights to enjoy their homes in peace and undis-

turbed. 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 ex-

hibition 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".

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Trial of William Bebb.              59

 

The Rockford Register follows its account of the

trial with this statement:

We cannot close this report without saying a word of ap-

proval 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 Gov-

ernor 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 biograph-

ical 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 testi-

mony he was, without argument, discharged. His old-time friend

and political associate, Thomas Corwin, of Ohio, hearing of his

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60       Ohio Arch. and Hist. Society Publications.

 

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 serv-

ices 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 ver-

dict.

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 evi-

dently 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 discrep-

ancies 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 sol-

emn 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

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Trial of William Bebb.           61 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.

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