USA > Indiana > An illustrated history of the state of Indiana: being a full and authentic civil and political history of the state from its first exploration down to 1875 > Part 31
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The three squaws, one boy, and the two little girls lay dead, but the oldest boy was still living. Sawyer took him by the legs, and knocked his brains out against the end of a log. The camp was then robbed of everything worth carrying away. Harper, the ring leader, left immediately for Ohio, and was never taken. Hudson, Sawyer, Bridge, Sen., and Bridge, Jr., were arrested, and when I first saw them they were confined in a square log jail, fitting tight above, below, and on the sides. I entered with the sheriff. The prisoners were all heavily ironed and sitting on the straw on the floor. Hudson was a man of about middle size, with a bad look, dark eye and bushy hair, about thirty-five years of age in appearance. Sawyer was about the same age, rather heavier than Hudson, but there was nothing in his appearance that could have marked him in a crowd, as any other than a common farmer. Bridge, Sen., was much older than Sawyer; his head was quite grey, he was above the common height, slender, and a little bent while standing. Bridge, Jr., was some eighteen years of age, a tall stripling. Bridge, Sen., was the father of Bridge, Jr., and the brother-in- law of Sawyer.
The news of these Indian murders flew upon the wings of the wind. The settlers became greatly alarmed, fearing the retaliatory vengeance of the tribes, and especially of the other bands of the Senecas. The facts reached Mr. John Johnston, at the Indian agency at Piqua, Ohio. An account of the murders was sent from the agency to the war department at Washington City. Colonel Johnston and William Conner visited all the Indian tribes, and assured them that the government would punish the offenders, and obtaining the promises of the chiefs and warriors that they would wait and see what their " Great Father " would do before they took the matter into their own hands. This quieted the fears of the set- tlers, and preparation was commenced for the trials. A new log building was erected at the north part of Pendleton, with two rooms, one for the court and the other for the grand jury. The court room was about twenty by thirty feet, with a heavy "puncheon " floor, a platform at one end, three feet high, with a strong railing in front, a bench for the judges, a plain table for the clerk, in front a long bench for the counsel, a little pen for
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the prisoners, a side bench for the witnesses, and a long pole in front, sub- stantially supported, to separate the crowd from the court and bar. A guard by day and night was placed around the jail. The court was com- posed of Wm. W. Wick, presiding judge; Samuel Holliday and Adam Winchell, associates. Judge Wick was young on the bench, but with much experience in criminal trials. Judge Holliday was one of the best and most conscientious men I ever knew. Judge Winchell was a black- smith, and had ironed the prisoners; he was an honest, rough, frank, ill- iterate man, without any pretensions to legal knowledge. Moses Cox was the clerk; he could barely write his name, and when a candidate for justice of the peace at Connersville, he boasted of his superior qualifica- tions : " I have been sued on every section of the statute, and know all about the law, while my competitor has never been sued, and knows nothing about the statute." Samuel Cory, the sheriff, was a fine specimen of a woods' Hoosier, tall and strong boned, with hearty laugh, without fear of man or beast, with a voice that made the woods ring as he called the jurors and witnesses. The county was thus prepared for the trials. In the mean- time the government was not sleeping. Colonel Johnston, the Indian agent, was directed to attend the trials to see that the witnesses were pre- sent and to pay their fees. Gen. James Noble, then a United States sen- ator, was employed by the secretary of war to prosecute, with power to fee an assistant. Philip Sweetzer, a young son-in-law of the general, of high promise in his profession, was selected by the general as his assistant; Calvin Fletcher was the regular prosecuting attorney, then a young man of more than ordinary ability, and a good criminal lawyer. The only inn at Pendleton was a new frame house near the creek, still standing by the side of the railroad bridge.
The term of the court was about being held. The Sunday before the term commenced the lawyers began to arrive, and, as the custom was in those days, they were invited out to dine on the Sabbath by the most wealthy citizens, as a favor and compliment, not to the lawyers, but to their hosts. We had a statute in those days imposing a fine of one dollar on each person who should " profanely curse, swear, or damn," and making it the duty of all judges and magistrates to see that the law was enforced upon offenders in their presence. Judge Holliday invited Calvin Fletcher, the circuit prosecuting attorney, and his Indianapolis friend, Daniel B. Wick - the brother of the judge -to dine with him. The invitation was accepted, of course, there being no previous engagement in the way. Din- ner was announced; Judge Holliday asked a " blessing " at the table -Mr. Fletcher declining. The judge had killed a fat goose for the extraordinary occasion, which was nicely stuffed with well seasoned bread and onions and placed in the centre of the table. Mr. Wick, who was not a church member, fixed his eye upon the goose, and said, by way of compliment, "That is a damned fine goose, judge." " Yes, it is a fine goose, and you are fined one dollar for swearing." Not a word more was spoken at the table. Dinner over, Judge Holliday said, " 'Squire Wick, pay me the dollar." " I have not a cent with me, judge." " Perhaps Mr. Fletcher will lend it to
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you." Mr. Fletcher: "I really have only enough with me to pay my tavern bill." Judge Holliday: " What is to be done ?" Fletcher: " Lend him the money, judge, and take his note, or bind him over to court." "I'll bind him over; you'll go his security. ? " "The rules of the court forbid lawyers from going security for any one, but you can go it yourself; just draw the recognizance that 'Daniel B. Wick and Samuel Holliday ap- peared before Samuel Holliday, associate judge of the Madison circuit court, and acknowledged themselves to be indebted to the State in the penalty of twenty-five dollars each for the appearance of Daniel B. Wick at the next term of the court to answer.'" The reasonable proposition of Mr. Fletcher was at once accepted by all parties. The recognizance was taken in due form, and forfeited at the next term, by the absence of Mr. Wick .. Judgment was rendered against Judge Holliday for twenty-five dol- lars. A petition to the governor was drawn up, and signed by the whole bar; a remittance soon followed.
The trial of Hudson commenced the next day after the Sabbath dinner at Judge Holliday's, and will now be sketched.
The day for the trial of Hudson, one of the prisoners, arrived. A number of distinguished lawyers were in attendance from this State, and several from the State of Ohio. Among the most prominent I name General James Noble, Philips Sweetzer, Harvey Cregg, Lot Bloomfield, James Rariden, Charles H. Test, Calvin Fletcher, Daniel B. Wick, and William R. Morris, of this State; General Sampson Mason, and Moses Vance, of Ohio. Judge Wick being temporarily absent in the morning, William R. Morris arose and moved the associate judges-"I ask that these gentlemen be admitted as attorneys and counsellors at this bar; they are regular practitioners, but have not brought their license with them." Judge Winchell -" Have they come here to defend the prison- ers ?" "The most of them have." "Let them be sworn; nobody but a lawyer would defend a murderer."
Mr. Morris -"I move the court for a writ of habeas corpus, to bring up the prisoners now illegally confined in jail." Judge Winchell -"For what ?" " A writ of habeas corpus." " What do you want to do with it?" "To bring up the prisoners and have them discharged." "Is there any law for that !" Morris read the statute regulating the writ of habeas corpus. "That act, Mr. Morris, has been repealed long ago." "Your honor is mistaken, it is a constitutional writ, as old as Magna Charta, itself." "Well, Mr. Morris, to cut the matter short, it would do you no good to bring out the prisoners. I ironed them myself, and you will never get them irons off until they have been tried, habeas corpus or no habeas corpus." Percuria " motion overruled." Judge Wick entered and took his seat between the two side judges. "Call the grand jury." All answer to their names and are sworn. Court adjourned for dinner. Court met; the grand jury brought into court an indictment for murder, drawn by Mr. Fletcher, against Hudson. Counsel on both sides-"Bring the prisoner into court." The court-"Sheriff, put in the box a jury." Sheriff -"May it please the court, Dr. Highday just handed me a list
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of jurors to call on the jury." Judge Wick -"Bring Dr. Highday into court." "Did your honor wish to see me?" "Dr. Highday, is this your hand writing?". "I presume it is." "Dr. Highday, we have no jail to put you in, the one we have is full; hear your sentence: it is the judg- ment of the court that you be banished from these court grounds till the trials are over. Sheriff, see the judgment of the court carried strictly into execution."
I digress to give the scene in court, published by General Sampson Mason, in a Springfield, Ohio, paper. "As I entered the court room, the judge was sitting on a block, paring his toe nails, when the sheriff entered, out of breath, and informed the court that he had six jurors tied, and his deputies were running down the others." General Mason, with all his candor, unquestionably drew upon his imagination in this instance.
Hudson, the prisoner, was brought into court by the deputy sheriff and two of the guard. His appearance had greatly changed since I first saw him in the log pen with his comrades in crime. He was now pale, haggard, and downcast; and with a faltering voice, answered upon his arraignment, "Not guilty." The petit jury were hardy, honest pioneers, wearing moccasins and side knives. The evidence occupied but a single day, and was positive, closing every door of hope to the prisoner. The prosecuting attorney read the statute creating and affixing the punish- ment to the homicide, and plainly stated the substance of the evidence. He was followed for the prisoner, in able, eloquent, and powerful speeches, appealing to the prejudice of the jury against the Indians; relating in glowing colors the early massacres of white men, women and children, by the Indians; reading the principal incidents in the history of Daniel Boone and Simon Kenton; relating their cruelties at the battle of Blue Licks and Bryant's station, and not forgetting the defeat of Brad. dock, St. Clair, and Harmar. General James Noble closed the argument for the State in one of his forcible speeches, holding up to the jury the bloody clothes of the Indians, and appealing to the justice, patriotism, and love of the laws of the jury, not forgetting that the safety of the settlers might depend upon the conviction of the prisoners, as the chiefs and warriors expected justice to be done. The speech of the general had a marked effect upon the crowd, as well as the jury. Judge Wick charged the jury at some length, laying down the law of homicide in its different degrees, and distinctly impressing upon the jury that the law knew no distinction as to nation or color; that the murder of an Indian was equally as criminal in law as the murder of a white man. The jury retired, and next morning brought into court a verdict of "guilty of murder in the first degree," motion for a new trial overruled. The pris- oner was brought into court, and sentence of death pronounced in the most solemn manner, by Judge Wick. The time for the execution was fixed, as is usual, for a distant day. In the meantime Hudson made his escape from the guard one dark night, and hid himself in a hollow log in the woods, where he was found and arrested.
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Time rolled on, the fatal day for execution arrived, multitudes of people were therc. Among them were seen several Senecas, relatives of the murdered Indians. The gallows was erected just above the falls, on the north side. The people covered the surrounding hills, and at the appointed hour, Hudson, by the forfeiture of his life, made the last earthly atonement for his crimes.
Such was the result of the first case on record in America where a white man was hung for killing an Indian. The other cases were con- tinued until the next term of the court, and will be the subject of a distinct sketch.
TRIAL OF SAWYER.
Monday morning came. Court met. Judge Eggleston, in fine health, on the bench in the center; Adam Winchell on his left, and Samuel Holliday on his right, Moses Cox at the clerk's desk, Samuel Cory on the sheriff's platform, and Colonel John Berry, captain of the guard, leaning against the logs. The grand jury were called, sworn and charged, and court adjourned for dinner. In the afternoon, the evidence of the main witness was heard. I had prepared the indictments in my office and had them with me. The foreman signed the bills on his knee, and they were all returned into court before the adjournment. That night, Colonel John Johnston, the Indian agent, called at my room and offered me one hundred dollars on behalf of the United States. I informed him that I was a State officer and could not accept the money, however tempting it might be under other circumstances.
The court met in the morning. We agreed to try Sawyer first for shoot- ing one of the squaws. The prisoner was brought into court by the sher- iff. He appeared so haggard and changed by his long confinement, that I scarcely knew him. The court-room was crowded. General James Noble, Philips Sweetzer and myself for the State; James Rariden, Lot Bloom- field, William R. Morris and Charles H. Test, for the prisoner. Judge Eggleston-" Sheriff, call the petit jury." Judge Winchell-" Sheriff, call Squire Makepeace on the jury, he will be a good juror; he will not let one of these murderers get away." Judge Eggleston, turning to Judge Winchell: "This will never do. What! the court pack a jury to try a capital case ?" The jury was soon impanneled. The evidence was con- clusive that the prisoner had shot one of the squaws at the camp with his rifle after the killing of Ludlow and Mingo by Harper and Hudson in the woods. The jury were a hardy, heavy-bearded set of men, with side knives in their belts, and not a pair of shoes among the whole of them ; all wore moccasins.
Mr. Sweetzer opened for the State with a strong matter-of-fact speech ; that was his forte. He was followed in able speeches by Mr. Morris, Mr. Test and Mr. Rariden, for the prisoner. General Noble closed for the prosecution, with a powerful speech. The general was one of the strong- est and most effective speakers before a jury, or a promiscuous assembly,
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I have ever heard. The case went to the jury under an able charge from Judge Eggleston, and court adjourned for dinner.
At the meeting of the court in the afternoon, the jury returned a verdict of "guilty of manslaughter," two years hard labor in the penitentiary. Mr. Rariden sprang to his feet, "If the court please, we let judgment go on the verdict, and are ready for the case of Sawyer, for killing the Indian boy at the camp." "Ready for the State." The same jury were accepted by both sides-being in the box. They were immediately sworn. The evidence was heard again conclusive against the prisoner. General Noble opened for the prosecution, and was followed by Charles H. Test, William R. Morris and James Rariden, with powerful speeches. The jury were referred to their verdict in the previous case, and their judgment warmly eulogized. This was, by arrangement, my case to close. I saw my posi- tion, and that the only point I had to meet, was to draw the distinction between the two cases, so as to justify the jury in finding a verdict for manslaughter in the one case, and of murder in the case before them. In law there was no difference whatever. They were both cold-blooded mur- ders. The calico shirt of the murdered boy, stained with blood, lay upon the table. I was closing a speech of an hour. Stepping forward, I took up the bloody shirt, and holding it up to the jury: "Yes, gentlemen of the jury, the cases are very different. You might find the prisoner guilty of only manslaughter, in using his rifle on a grown squaw; that was the act of a man, but this was the act of a demon. Look at this shirt, gentle- men, with the bloody stains upon it; this was a poor, helpless boy, who was taken by the heels by this fiend in human shape, and his brains knocked out against a log! If the other case was manslaughter, is not this murder?" The eyes of the jury were filled with tears. Judge Eg- gleston gave a clear and able charge upon the law. The jury, after an absence of only a few minutes, returned a verdict of "murder in the first degree." The prisoner was remanded, and court adjourned.
TRIAL OF BRIDGE-SCENES AT THE EXECUTION.
The next morning the case of Bridge, Sen., for shooting a little Indian girl at the camp, was called. The prisoner entered with the sheriff. He was more firm in his step and looked better than Sawyer, though a much older man. A jury was impannelled. The proof was positive. The case was argued by Mr. Morris and Mr. Rariden for the prisoner, and Sweet- zer and myself for the State. The charge was given by Judge Eggleston, and after a few minutes' absence the jury returned a verdict of " murder in the first degree." The only remaining case-of the strippling, Bridge, Jr., for the other Indian boy at the camp- came on next. The trial was more brief, but the result was the same-verdict of murder in the first degree, with a recommendation, however, to the governor for a pardon, in consequence of his youth, in which the court and bar joined. The trials closed. Pro forma motions for new trials were overruled, the prisoners remanded, to be brought up for sentence next morning, and the court adjourned.
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Morning came and with it a crowded court house. As I walked from the tavern I saw the guards approaching with Sawyer, Bridge, Sen., and Bridge, Jr., with downcast eyes and tottering steps, in their midst. The prisoners entered the court room and were seated. The sheriff commanded silence. The prisoners rose, the tears streaming down their faces, and their groans and sighs filling the court room. I fixed my eyes upon Judge Eggleston. I had heard him pronounce sentence of death on Fuller, for the murder of Warren, and upon Fields, for the murder of Murphy. But here was a still more solemn scene. An aged father, his favorite son and his wife's brother - all standing before him to receive sentence of death. The face of the judge was pale, his lips quivered, his tongue faltered, as he addressed the prisoners. The sentence of death by hanging was pro- nounced, but the usual conclusion, "And may God have mercy on your souls," was left struggling for utterance.
The time for the execution was fixed at a distant day; but it soon rolled around. The gallows was erected on the north bank of Fall creek, just above the falls, at the foot of the rising grounds you may see from the cars. The hour for the execution had come. Thousands surrounded the gallows. A Seneca chief, with his warriors, was posted near the brow of the hill. Sawyer and Bridge, Sen., ascended the scaffold together, were executed in quick succession, and died without a struggle. The vast audi- ence were in tears. The exclamation of the Senecas was interpreted -- " We are satisfied." An hour expired. The bodies were taken down and laid in their coffins, when there was seen ascending the scaffold Bridge, Jr., the last of the convicts. His step was feeble, requiring the aid of the sheriff. , The rope was adjusted. He threw his eyes around upon the audience and then down upon the coffins, where lay exposed the bodies of his father and uncle. From that moment his wild gaze too clearly showed that the scene had been too much for his youthful mind. Reason had partially left her throne and he stood wildly looking at the crowd, appa rently unconscious of his position. The last minute had come, when James Brown Ray, the Governor of the State, announced to the immense assemblage that the convict was pardoned. Never before did an audience more heartily respond, while there was a universal regret that the exec- utive mercy had been deferred to the last moment. Thus ended the only trials where convictions of murder were ever had, followed by the execu- tion of white men, for killing Indians, in the United States.
Anderson, the county seat of Madison county, is located on the south bank of White river. It is named in remembrance of a Delaware chief of that name, and is the site of an old Indian village. This Indian village, or what remained of it, was consumed by fire, by order of General Harrison, in 1813. Not far distant were the small villages of Bucktown, Nanticoke and Greentown. Among the first settlers of Anderson, were William Allen, John Berry, Alford Makepeace, Samuel Carry,
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N. Berry, and William Curtis. A few years later, this little community was increased by Joseph Howard, G. T. Hoover, Dr. Wyman, R. N. Williams, J. M. Zeke, C. D. Henderson, and Andrew Jackson. About the year 1828-30, they were joined by W. G. Atherton, W. B. Allen, Oren Toddhunter, John Davis, William Beard, and Dr. T. Ryan. But we have no space to follow the growth of Anderson. Step by step, in all its measures of growth, it has become one of the most enter- prising cities in the State, and has a population of nearly five thousand. It is thrifty in business, enterprising in manu- factures, and prominent in education. Anderson does, however, need one thing- indeed, the whole county needs it-a better court house. Probably this will be erected soon. The schools and school buildings, both in the city and county, are in a fair condition.
The following are among the leading business and profes- sional men of Anderson at the present time: Col. N. Berry, Col. M. S. Robinson, Ex-Judge Lake, Ex-Judge West, William Crim, John E. Corwin, J. M. Dickson, T. Ryan, W. R. Pearse, J. W. McAllister, Hon. James Sansbery, N. C. McCollough, banker; H. N. McComber, dentist; James H. McConnell.
The principal banks are, the Exchange Bank (W'. Crim, president, and Jos. Fulton, cashier); the Citizens' Bank (N. C. McCollough, cashier); and the Madison County Bank (J. E. Corwin, president, - cashier.) These banks are all in a sound condition, and are enjoying the well-merited confidence of the public.
Among the leading commercial houses in Anderson, there may be mentioned: John P. Barns, hardware; J. M. Warner, clothing merchant; J. T. Elliott, boots and shoes; Klein & Sharp, groceries ; J. H. Crider, hatter ; D. H. Patterson, grocer; Bell Bros., dry goods; D. C. East & Bro., dry goods; W. W. Williams, dry goods; Bosworth & Bro., doors, sash, blinds, etc .; Lee M. Trees, dry goods.
The court house, such as it is, is located in the public square, around which the principal business houses of the city have been located. Many of the buildings are of a modern style of architecture, and, in every particular, Anderson presents a thrifty appearance.
CHAPTER LIX.
SULLIVAN, CLAY, OWENS, GREENE, LAWRENCE, AND JACKSON COUNTIES - HISTORICAL AND DESCRIPTIVE.
SULLIVAN county was organized in 1817, and embraced, at the date of its formation, all the territory north of Knox county to the lakes. The present limits include about four hundred and twenty square miles. The county received its name in honor of General Sullivan, of revolutionary fame, who was the intimate friend of General Knox, after whom Knox county was named.
The first settlement in Sullivan county was made by the family of James Ledgewood, who located near the present site of Carlisle, in 1803. Colonel Samuel Ledgewood, a son of James, lived within a mile of where his father settled, for many years after, and was a leading and respected citizen of the county. The Ledgewood family were the first settlers north of Knox county, and should have a prominent place in the history of Sullivan county.
Those who followed James Ledgewood, and were early set- tlers in the county, were Benjamin Price, Major Watson, Thomas Holden, Edward Parcell, Col. John Benefiel, and others. Colonel Benefiel was a member of the first constitu- tional convention, held in 1816. He represented Knox county, which, at that time, included Sullivan.
In 1808, Carlisle was laid off, and quite a settlement sprang up in that vicinity during the same year. It was at this place that the early county courts were held, Judge Prince, presid- ing; George R. C. Sullivan, prosecuting attorney; and R. Buntin, sheriff. The courts were often held under a large beech tree in the north part of the town. At an early day.
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