Moonlight in the Rhyme of Title: The J. Henry Shaw Warranty Deed, the Statute of Frauds, and Its Relation to Lincoln’s Famous Almanac Case

Imagine a deed that dances in rhyme yet dares to claim legal legitimacy.? Today we analyze a warranty deed from J. Henry Shaw to Charles E. Wyman, recorded on August 9, 1881, in Cass County, Illinois, distinguished by its rare poetic verse. For professionals in land management and legal practice, this document offers a captivating puzzle—can a poetic conveyance withstand the rigors of the Statute of Frauds to transfer legal title? Beyond its lyrical charm, the deed resonates with historical echoes, tied to the famous Abraham Lincoln Almanac Case of 1858 through its grantor, J. Henry Shaw, and acknowledgment officer, Sylvester Emmons. To fully appreciate its legal and historical dimensions, let us first turn to the deed's text—a poetic rendition that sets the stage for our examination.

Before examining the legal merits of this warranty deed under the Statute of Frauds, it is worth pausing to consider its broader historical significance. This deed has a fascinating link with the renowned Abraham Lincoln Almanac Case of 1858, with particular attention to the roles of the deed’s grantor, J. Henry Shaw, and its acknowledgment officer, Sylvester Emmons, in relation to the celebrated trial, bridging two distinct yet interconnected moments in time.

Historical Connection of the Warranty Deed to the Abraham Lincoln Almanac Case

Overview of the Warranty Deed

The deed conveys Lot 2, Block 40 in Beardstown, Cass County, from J. Henry Shaw to Charles E. Wyman for $700, distinguished by its unique rhyming composition. Shaw, the grantor, signs the document, which is subsequently acknowledged by Sylvester Emmons, a Justice of the Peace, prior to its recording by Ferris E. Downing. While the deed itself addresses a routine property transfer, its historical resonance derives from the prominence of its key figures and their ties to a pivotal legal event in Cass County’s past.

The Abraham Lincoln Almanac Case: Background

The Almanac Case, formally People v. Armstrong, occurred on May 8, 1858, in Beardstown, Cass County, within a temporary courtroom at the local schoolhouse following the destruction of the county courthouse. Abraham Lincoln defended William “Duff” Armstrong, charged with the murder of James Preston Metzker in a brawl on August 29, 1857. The prosecution, spearheaded by J. Henry Shaw and Hugh Fullerton, relied on eyewitness Charles Allen’s testimony asserting visibility by moonlight. Lincoln countered with an almanac demonstrating the moon’s low position, insufficient for illumination, and supplemented this with a heartfelt appeal referencing his ties to the Armstrong family, securing an acquittal after a single ballot. This trial, documented in sources such as Encyclopedia.com: 'Duff' Armstrong Trial: 1858, remains a cornerstone of Lincoln’s legal legacy.

J. Henry Shaw: Prosecutor and Grantor

J. Henry Shaw, identified as the grantor in the 1881 deed, played a supporting role in the Almanac Case as a prosecutor alongside Fullerton, as confirmed by historical records including JRank Articles: “Duff” Armstrong Trial: 1858. A prominent figure in Beardstown, Shaw (born 1825, died 1885) contributed significantly to Cass County’s historical narrative, notably through his authorship of a Historical Sketch of Cass County, Illinois delivered in 1876 (Historical Sketch). In 1858, he opposed Lincoln in the courtroom, presenting the state’s case, which Lincoln dismantled with strategic evidence and rhetorical skill. By 1881, Shaw’s execution of the warranty deed reflects his continued influence in the region, transitioning from prosecuting attorney to property owner engaging in a creative and poetic land transaction. Accounts, such as those from History Mystery Man, suggest Shaw later acknowledged Lincoln’s persuasive closing argument as pivotal to Armstrong’s acquittal, underscoring a professional respect that connects his trial role to his later activities.? A quote attributed to Shaw said he believed:

“It was generally admitted that Lincoln’s speech and personal appeal to the jury saved Armstrong.” Id.

Sylvester Emmons: Acknowledgment Officer and Legal Contemporary

Sylvester Emmons, who acknowledged the deed as a Justice of the Peace on August 1, 1881, was a well-established legal and civic figure in Cass County. Born in 1808 in New Jersey, Emmons arrived in Beardstown by 1844, serving in roles including mayor, circuit clerk, and Justice of the Peace until his death in November 1881 (Judge Sylvester Emmons). Although no direct evidence places Emmons in the 1858 trial, his prominence within the Beardstown legal community contemporaneous with the Almanac Case situates him within the same professional sphere as Shaw. His certification of the 1881 deed, executed mere months before his passing, reinforces this connection, linking the document to the legal infrastructure of Cass County during and after Lincoln’s notable involvement.

Conclusion

The warranty deed from J. Henry Shaw to Charles E. Wyman, recorded in 1881, is more than a property transfer; it’s a historical document tied to the 1858 Abraham Lincoln Almanac Case. Shaw prosecuted the 1858 trial, directly connecting him to Lincoln’s defense, a link bolstered by his later recognition of Lincoln’s skill. Sylvester Emmons, not a trial participant, was a Cass County legal figure whose acknowledgment places the deed in that context. Recorded in Beardstown with a unique rhyming format, it reflects Lincoln’s legal legacy and offers professionals a key case study in land law and history.

Detailed Analysis of the Warranty Deed

Under the Statute of Frauds

This analysis examines the warranty deed from J. Henry Shaw to Charles E. Wyman, filed on August 9, 1881, in Cass County, Illinois, to determine if it meets the Statute of Frauds requirements for transferring legal title to land. The Statute of Frauds, rooted in English common law and adopted in American jurisdictions like Illinois, mandates that certain contracts, including those for real property, be in writing and contain specific elements to be enforceable.

Statute of Frauds Overview

The Statute of Frauds, originating from the 1677 English act “An Act for Prevention of Frauds and Perjuries,” requires contracts for the sale of land to be in writing, signed by the party to be charged (the grantor), and include essential terms to prevent fraud. In Illinois, this was codified by 1881 under statutes like the Conveyances Act (Revised Statutes of Illinois, 1874, Chapter 30), which governed real estate transfers. See, John B. Adams & W. J. Durham, Real Estate Statutes of Illinois: . . . ?(vol. 2, 1892).

For a warranty deed to pass legal title, it must typically include:

1.??? Identification of Parties (grantor and grantee)

Analysis: The grantor is clearly identified as J. Henry Shaw, with the grantee appearing as Charles E. Wyman.? This meets the requirement.

2.??? Consideration (value exchanged)

Analysis: The deed specifies $700 as consideration, paid on the day of execution (August 1, 1881, per the acknowledgment). This satisfies the element, as $700 is a definite sum, sufficient to support the transfer.

3.??? Present Words of Grant (intent to transfer title now)

Analysis: The phrase “To Charles E. Wyman do sell and convey” expresses a present intent to transfer title, a critical requirement for a deed under Illinois law in 1881. see Conveyances Act, 1874, Ch. 30, Sec. 1. ??

4.??? Sufficient Legal Description (identifiable property)

Analysis: The property is described as “Lot two (2) in Block forty (40), said county and town,” referring to Beardstown, Cass County. Under the Statute of Frauds, the description must be sufficient to identify the property without oral evidence. While precise (e.g., compared to vague terms like “my farm”), its sufficiency depends on Cass County records confirming Lot 2, Block 40 as a unique parcel. Absent ambiguity in local records, this likely meets the requirement, though a court might scrutinize its brevity.

5.??? Signature of Grantor (with intent to authenticate)

Analysis: The deed includes J. Henry Shaw’s signature (i.e., “I add here my signature, J. Henry Shaw (seal).” This element is clearly satisfied.

6.??? Acknowledgment (notarized or certified for recording).

Analysis: The acknowledgment, dated August 1, 1881, is by Sylvester Emmons, a Justice of the Peace in Cass County. Illinois law required deeds to be acknowledged before a notary or justice of the Peace for recording, ensuring authenticity and protecting against fraud. ?See, John E. Hunt, The Acknowledgment of Deeds: Containing All the Statutes, Territorial and State, of Illinois, on the Subject ... (1896), at p.19-20.? Emmons certifies Shaw’s identity, voluntary execution, and delivery, with his signature and seal. Id. The waiver of homestead rights (“never would claim his homestead therein”) complies with Illinois homestead laws, necessary when conveying occupied land. Id. at p. 13-14. Filed on August 9, 1881, by Recorder, Ferris E. Downing, this satisfies recording requirements, making the acknowledgment legally sound.

7.??? Additional Warranty Elements

Analysis: Beyond Statute of Frauds requirements, a warranty deed covenants clear title and defense against claims. “Warrant the title forever and aye” fulfills this, promising Charles E. Wyman protection, consistent with Illinois warranty deed standards.

Conclusion

The warranty deed from J. Henry Shaw to Charles E. Wyman, despite its poetic form, appears to meet all Statute of Frauds requirements under 1881 Illinois law. It identifies parties, states consideration, uses present words of grant, provides a sufficient (albeit concise) legal description, includes Shaw’s signature, and has a proper acknowledgment. Filed with the Recorder, it likely passed legal title to Lot 2, Block 40, in Beardstown, Cass County. The poetic style, while unconventional, does not undermine its validity, making it a legally effective and historically fascinating document.

Lance Walker, Copyright ? 2025

[1] "Lincoln for the Defense" is a painting by Norman Rockwell, completed in 1961 and published on the cover of The Saturday Evening Post on February 10, 1962. It depicts a dramatic moment from Abraham Lincoln's legal career, specifically his defense of William "Duff" Armstrong in the famous Almanac Trial of 1858.

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