Stewart shares memories of the courthouse

Retired Judge Max Stewart will deliver the keynote address during the Courthouse Centennial program Saturday. Included will be history of the first two courthouses.

Retired judge and former Hancock County State's Attorney Max Stewart is a guest speaker at the county's 100th year celebration on Saturday, Oct. 18, at the county courthouse in Carthage.

Stewart spent 32 years (1956 to 1988) of his professional life in the courthouse, the third courthouse in the history of the county.

Stewart's speech covers two main subjects: changes in the legal system and the history of the three county courthouses. Stewart began practicing law in Illinois in 1949. He was elected as county State's Attorney in 1956, and served until 1974, when he began his career as a judge.

“When you spend so much time in a building, you don't really pay attention to what's around you,” said Stewart. “I became interested when I started looking into it.”

Illinois was created as a territory in 1809. Once Illinois became the 21st state in 1818, the state was divided into different circuits for courts. Judges and lawyers traveled from county to county to hold court. They were called circuit riders.

Most of the court proceedings early on in the area took place near the Mississippi River, including a place in Montebello, which sat between Hamilton and Nauvoo.

“At that time, all the population was located along the river,” said Stewart.

Carthage was commissioned by the state as a county seat in 1833. The first county courthouse, a log cabin, was built on the south side of the courthouse square. The second courthouse was built in 1839, at a cost of $3,700. It stood at the present courthouse location. Stephen A. Douglas and Abraham Lincoln each spoke to residents in October 1858 when they were running against each other for the U.S. Senate.

The second courthouse lasted 68 years before it was demolished in 1906 to build the current building. It is now the oldest of the three buildings at 100 years.

The current courthouse was dedicated on Oct. 21, 1908.

Judge Scofield spoke at the cornerstone laying ceremony on July 30, 1907, which brought hundreds of dignitaries to Carthage. Stewart worked with Scofield.

“He was still working on the bench in his 90s,” said Stewart. “He was a remarkable man.”

The court system and proceedings changed along with the buildings. The system was not professional in the early days.

“You didn't have to have worked as a lawyer to be a judge,” said Stewart.

Early court proceedings were done by circuit riders, a term used for judges and lawyers who traveled from county to county holding court for one to two weeks at each stop. Lincoln and Douglas each worked as circuit rider lawyers in the late 1840s and early 1850s.

“People came from all over the county to see the judge,” said Stewart.

This system of court evolved into having courts in each town with Justices of the Peace and police magistrates handling local problems. Each had its own areas of expertise. There was also a county judge.

Eventually the court system became what it is today. One circuit court judge or an associate judge in each county. All judges now have to have previous experience in the law to become a judge.

“It's all professional now,” said Stewart.

Stewart said he saw mostly changes in technology while serving in the courthouse. The courthouse was air conditioned which made life better for those in court on the third floor. The computer and copy machine changed the amount of staff needed to run courthouse offices.

“We used to type contracts on a typewriter. If we had to change a paragraph, the whole contract had to be typed again from scratch,” said Stewart. “It was a lot of work for a secretary.”

Stewart said the number of divorce cases went up and became more complicated. He also saw a continual increase in juvenile cases.

“Juvenile cases are one of the more difficult things a judge has to contend with,” he said. Stewart said his speech is 15 to 20 minutes as part of the afternoon festivities.

“People like history, but they also like a brief speaker,” said Stewart.