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 1879 > Part 33
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63
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 & 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 Morris, has been repealed long ago."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
464
HISTORY OF INDIANA.
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 toc 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. IIc 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. Ile 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 carly 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.
465
MADISON COUNTY - HISTORICAL.
Time rolled on, the fatal day for execution arrived, multitudes of people were there. 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- tinucd until the next term of the court, and will be the subject of a distinct sketch.
TRIAL OF SAWYER.
Monday morning camc. 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. IIc 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 II. 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 liad 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
30
466
HISTORY OF INDIANA.
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 II. 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. IIc 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.
467
MADISON COUNTY - DESCRIPTIVE.
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. Ile 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,
468
HISTORY OF INDIANA.
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; HI. N. McComber, dentist; James II. 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. II. 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.
YULLIVAN county was organized in 1817, and embraced, S
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 carly 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,
469
470
HISTORY OF INDIANA.
the county seat was removed to Merom, where it remained until 1843, when, after a good deal of difficulty, it was per- manently located at Sullivan. Carlisle being the oldest town in the county, though not the largest, has several historical phases: In the first place, it is one of the oldest American settlements in the State. During the war of 1812, it figured prominently, furnishing many brave soldiers for the field. It was near Carlisle that the "Dudley Mack " massacre took place during the war.
The county is watered by Busseron and Turman's creeks. The latter was named after Benjamin Turman, the first settler on the west side of the county in 1806. The lands lying in Sullivan county are equal to those of the best agricultural counties in the State, and for mineral wealth the county has but few rivals. The Wabash bottoms, which are extensive in this county, are excellent lands for corn. There are large tracts of beach and sugar lands, which are well adapted to the production of clover and timothy, as also oak lands to that of wheat and other grains. The townships of Curry, Jackson, Cass, and Jefferson, have an abundant supply of the very best bituminous coal in the State. These extensive coal fields are being mined, without interfering in any degree with the agri- cultural interests of the surface of the country. Numerous coal shafts are already in working order, from which immense quantities of coal are shipped to Chicago and other cities.
The town of Sullivan, located nearly in the center of the county, is the county seat, and has a population of over two thousand. It is incorporated as a town, having a board of trustees and a town clerk and a marshall. Until within a few years, the town government has not been very enterprising, but recently a new spirit of enterprise has taken hold of both people and government. The public schools, for so many years neglected, are now both an honor and an ornament to the town. The public school building, an engraving of which we present herewith, is one of the finest in the State. It is a magnificent three story brick structure, having been erected at a cost of over twenty thousand dollars, and capable of seating about six hundred pupils, exclusive of the spacious hall for
471
SULLIVAN COUNTY.
general exercises, which is capable of seating about five hundred people. There is a well conducted school kept open in this building the whole year. When the town school year is closed, the school is continned as a private enterprise. It is known as the " Ascension Seminary," and is called one of the most successful graded schools in the State. Governor Hendricks, at a visit to this school, two years ago, expressed himself happily surprised at finding it so efficient, and the pupils so well advanced in all branches of study.
PUBLIC SCHOOL BUILDING, SULLIVAN.
Sullivan is situated on the Evansville, Terre Haute and Chicago railroad, and will soon have the benefits of an east and west road, which is now in contemplation, to run through Greene county. With an extensive and abundantly rich agri- cultural region around it, with inexhaustable coal fields on either side, and with sterling business men, may we not expect SULLIVAN soon to reach a position of eminence among the cities of the State. The court house, located here, is a fine building, having cost over sixty thousand dollars. It is located in a pleasant square of over two acres, and will, during the present season, be enclosed by a substantial iron fence.
472
HISTORY OF INDIANA.
Merom is also a lively town in this county. It has the Union Christian College, one of the best institutions of the kind in the State, under the patronage of the denomination of Christians (New Lights,) and destined to become a leading college. This institution has a most delightful site, being built upon the highest point on the Wabash, and commanding an extended view of the Illinois prairies. This town is also interesting to the scientist and antiquarian on account of the recent discovery at that place of the remains of a once petri- fied town, located on one of the highest points of the Wabash. Investigation in this mound, has revealed stone vaults, hmnan skeletons, implements of war, and many other rare curiosities.
The county was settled principally by Kentuckians, but embraces persons from nearly every State. The citizens are an exceedingly industrious and very intelligent class of people. Sullivan county will keep pace with the rest of the' State, in its grand march to progress and wealth.
The schools and churches all over the county are in a fair condition, and, what is still better, there is a disposition man- ifesting itself to improve these. The county has fully entered upon a new era of progress in all branches of industry, and in all the professions. The population of the county is about twenty-five thousand.
CLAY COUNTY.
This county is well watered by Eel river, a branch of the west fork of the White river, of which Birch ercek and Croy's creek are tributaries. Numerous other small streams flow through the county. We should hasten to say that the general health of the county is good, for the reason that at an early day it gained a bad reputation in this respect. It will be remembered that the Wabash and Eric canal passed through this county, but this canal is now entirely abandoned south of Terre Haute. The supply of water for this section of the canal was obtained from the great reservoirs fed by Eel river and Birch creek, etc. Splurge creek reservoir embraced over four thousand acres, and the Birch creek reservoir about four-
473
CLAY COUNTY.
teen hundred. When these reservoirs were created, the exten- sive tracts of land overflowed were covered with a dense forest, but the stagnant water killed the trees and caused the vegeta- tion to decay. This process charged the atmosphere with miasmatic poison to such an extent that a general sickness was engendered among the people for several miles in every direction. These facts were scattered abroad, and did much to turn the tide of immigration in other directions. Being sorely grieved and unable to obtain redress from the courts, the citizens of Clay county, who resided near these "stinking pools," resolved to take the law in their own hands. They assembled in force, cut the embankment, and let the water free. This of course created a great sensation. Those inter- ested in canal navigation were injured, and the laws were outraged. Troops were sent out by the governor of the State to bring the guilty parties to justice, but the people doubled their resistance. They had taken a decided stand against having these miasmatic pools in the county and were not wanting in courage when the militia appeared. The governor finding that an armed force was not calculated to enforce the law, and being convinced of the impracticability of keeping up the canal, concluded to withdraw the troops and leave the matter with the citizens. It is hardly necessary to add that the canal reservoirs have not been seen since that day. Not a vestige of them can now be found, and the health of the county could not be better.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.