USA > Indiana > Biographical and historical sketches of early Indiana > Part 39
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pass anywhere, and I can let you have it on such terms as will enable you to make a handsome thing out of it." Seeing that Mr. Smith was surprised and astonished, he proceeded : "Don't be afraid of the money, Mr. Smith ; it is as good as the bank and will go anywhere. I can let you have it at twenty-five cents on the dollar, and you can pay it out for tobacco dollar for dollar." By this time the Kentuckian had recovered from his surprise and replied : "I had rather not, Mr. McCarty ; I
believe I had rather not." Mr. McCarty used to tell this story with great zest, and declare that he had found one man in his life who had not " his price."
But he was also an accommodating man, and took delight in serving others. He would go out of his way to do one a favor, and was always glad to make others happy. He had a keen sense of the ridiculous, and enjoyed a joke as well as the best of them. Years ago, when postage was high, a letter written on two pieces of paper was subjected to double postage, which could be prepaid or not, at the option of the writer. An ac- quaintance from a distance wrote him upon a subject in which he had no manner of concern, and failed to prepay the post- age. Mr. McCarty attended to the business, and in his reply to his correspondent said : "Your postmaster is dishonest. He did not mark your letter prepaid. Of course you intended to prepay it, as no one writes to another on his own business without doing so. That you may have the evidence of his dis- honesty I return your letter herewith." This act mulcted his correspondent in double postage.
Mr. McCarty wrote rapidly. His chirography was poor, but his writing was generally correct, although he knew but little or nothing of grammar. Realizing his deficiency as a scholar he did what he could, in private life and public station, to se- cure to others what had been denied himself. When a candi- date for the State Senate he visited a neighborhood where oppo- sition to public schools was active and strong, but he boldly said that, if elected, he would vote money to make tuition free. His- courage and frankness won him friends, and many who went to hear him speak, opposed to free schools, went home their advo- cates. When Mr. McCarty was nominated for Governor so well was his reputation for frankness established that the In-
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dianapolis Sentinel had this to say of him : "Like Henry Clay, everybody who knows Nicholas McCarty knows his politics. The same yesterday, to-day and forever."
Mr. McCarty was five feet eight inches high, and weighed about 160 pounds. His complexion was fair, his hair light, and his eyes of a hazel color. His head and face indicated shrewd- ness rather than profundity. In movement he was quick and active. He was not a great man, but he was an intelligent and influential one, and his influence was always for the good. Al- though not a church member he had a great reverence for Deity, and his daily walk and example were without reproach.
At Crown Hill, that beautiful city of the dead, there stands a granite shaft with this inscription :
NICHOLAS M'CARTY, Born September 26, 1795; Died May 17, 1854.
And there, beneath the now green sod, and beside that shaft pointing heavenward, lie the earthly remains of Nicholas Mc- Carty.
CALVIN FLETCHER.
THERE stands at Crown Hill a massive granite shaft-the largest in the cemetery-bearing the name of Fletcher. On its north face are engraven these words :
CALVIN FLETCHER, Born in Ludlow, Vt., February 4, 1798 ; Emigrated to Indianapolis October 1, 1821 ; Died May 26, 1866.
The monument is fitly chosen. It is plain, as was the man whose name it bears ; it is solid and enduring, as is his fame.
The following extract from a letter dated March 25, 1861, written by Mr. Fletcher to the Secretary of the New England Historical Society, gives the main incidents in his active and remarkable career :
" At that period (1815), I had only had the advantage of two months each year at the school in the district where my father lived. For two years I labored for others at wages, a portion of the time, and the residue I spent at the academies of Ran- dolph and Royalton in my native State. In 1817 I determined on a seaman's life, and in April of the same year went to Bos- ton, a total stranger, and tried my best to obtain a berth on board an East Indiaman, but failed. I then turned my face toward the country west of the Alleghenies. In two months I worked my way, mostly on foot, to the western part of Ohio, and stop- ped at Urbana, then the frontier settlement of the northwestern part of that State. I knew not an individual in the State-had no letter of introduction. I obtained labor as a hired hand for a short time, and then a school. In the fall of 1817 I obtained
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a situation in the law office of the Hon. James Cooley, a gen- tleman of talent and fine education-one of a large class which graduated at Yale under Dr. Dwight. He was sent to Peru under John Quincy Adams's administration and died there. In the fall of 1821 I was admitted to the bar and became the law partner of my worthy friend and patron, Mr. Cooley. In the summer of 1821 the Delaware Indians left the central part of Indiana, then a total wilderness, and the new State selected and laid off Indianapolis as its future capital, but did not make it such for four or five years thereafter. I had married, and, on my request, my worthy partner permitted me to leave him to take up my residence at the place designated as the seat of gov- ernment of Indiana. In September of that year (1821) I left Urbana with a wagon, entered the wilderness, and after travel- ing fourteen days, and camping out the same number of nights, reached Indianapolis, where there were a few newly erected cab- ins. No counties had been laid off in the newly acquired terri- tory ; but in a few years civil divisions were made. I com- menced the practice of law, and for about twenty-two years traveled over, twice annually, nearly one-third of the northwest- ern part of the State, at first without roads, bridges or ferries. In 1825 I was appointed State Attorney for the Fifth Judicial Cir- cuit, embracing some twelve or fifteen counties. This office I held about one year, when I was elected to the State Senate ; served seven years, resigned, and gave up official positions, as I then supposed, for life. But in 1834 I was appointed by the Legislature one of four to organize a State bank, and to act as Sinking Fund Commissioner. I held that place also seven years. From 1843 to 1859 I acted as president of the branch of the State Bank at Indianapolis, until the charter expired. During the forty years I have resided in Indiana I have devoted much of my time to agriculture and societies for its promotion, and served seven years as trustee of our city schools. I have been favored with a large family-nine sons and two daughters. Three of the former have taken a regular course, and graduated at Brown University, Providence, R. I., and two a partial course at the same institution. I have written no books, but have assisted in
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compiling a law book. I have kept a journal of daily events, confined mainly to my own routine of business."
Mr. Fletcher's death, which occurred May 26, 1866, caused much public sorrow. His acquaintance was large, and extended to all classes. He had long been a banker, and had made for himself an honorable record as such. The day after he died the bankers of Indianapolis met to take action in relation to his death, and among other resolutions passed the following :
" That we do not believe mere success in worldly aims was the controlling inspiration of his career. His devotion to every patriotic impulse ; his vigilant and generous attention to every call of benevolence ; his patient care of all wholesome means of public improvements ; his interest in the imperial claims of religion, morals and education, and his admirable success in securing the happiness and promoting the culture of a large family, show conclusively that whatever importance he attached to the acquisition of wealth he never lost sight of his responsi- bility to that Great Being who smiled so graciously on his life, and whose approbation made his closing hours serene and hopeful."
The funeral of Mr. Fletcher was largely attended. Among those present were a large number of colored people. He had long been a friend to this down-trodden race. He had aided the negro with advice and money, and in return received his love and veneration.
He was an anti-slavery man from principle ; was one when it cost something to be one. No person who was not living thirty or forty years ago can realize the bitter prejudice that then existed against the old-time abolitionist ; he was considered an enemy of his country, and was subjected to both social and political ostracism. But this did not deter Mr. Fletcher, nor cause him to alter his course. He once said to one of his sons : " When I am in the Court-house, engaged in an important case, if the Governor of the State should send in word that he wished to speak to me I would reply that I could not go; but if a Quaker should touch me on the shoulder and say, 'A colored man is out here in distress and fear,' I would leave the Court-
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house in a minute to see the man, for I feel that I would have to account at that last day when He shall ask me if I have vis- ited the sick in prison or bondage and fed the poor. The great of this world can take care of themselves, but God has made us stewards for the down-trodden, and we must account to Him."
Mr. Fletcher's funeral discourse was preached by Rev. A. S. Kinnan, after which his remains, followed by a large concourse of people, were taken to Crown Hill and there interred.
Mr. Fletcher had large farming and banking interests, as well as a large law practice, and he was successful in them all. Few men were capable of doing so much work, and fewer still of doing it so well. As a lawyer he was remarkably fortunate in obtaining satisfactory results for his clients. He discharged his professional duties as he did all his work-faithfully and well. The author is indebted to one of Mr. Fletcher's law students for many of the incidents that follow. They will give the reader an insight into the life of this remarkable man, and must be of interest to all who read this sketch. They testify of his fidelity to duty, of his devotion to the interests of those who intrusted their business to him. In practicing his profession, he investi- gated the cases of his clients to the bottom, and for this purpose was in the habit of cross-examining them and making note of the facts both pro and con. He was, on one of these occasions, much amused by a remark made by a brother of the client, who had been brought along to help state the case and assist in un- derstanding and remembering the instructions. The client sta- ted in detail all he could prove, and by whom. He could prove much, but at the end of the conference the brother spoke out and said : "Yes, lawyer, and they can prove a power on the other side."
Mr. Fletcher viewed his cases dramatically. He realized them in actual life, then the points and authorities were exam- ined and the questions arising were settled after cautious and labored deliberation. On the trial he was not oratorical, but he had a fine, clear voice, and was a shrewd and effective speaker. His most prominent talent was an insight into the motives of parties and witnesses, and he was especially strong in cross- examining witnesses. In one case, a witness who was com- pelled by him, on cross-examination, to disclose facts which con-
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tradicted his evidence in chief, fainted, and his evidence was disregarded by the jury.
Mr. Fletcher's earliest practice was very miscellaneous, rang- ing from justice of the peace to the Supreme Court, including both law and chancery cases, civil and criminal, with, however, an undue proportion of criminal and tort cases, among the last slander suits being quite common. In early times there was less appeal to authority and more to the feelings of the jury than now. In new counties the court - rooms were always crowded, and often by citizens who had no business at court, but only came to see and hear. The lawyers were much tempted to make speeches for the lobby, and it was quite an object to entertain and amuse the audience, and even those who were indisposed to encourage this abuse occasionally gave it countenance.
Mr. Smith, in his "Reminiscences," gives several instances of Mr. Fletcher's fondness for quizzing and practical jokes. A few specimens may be added. In early times lawyer Forsee, who was not distinguished for his law or logic, but was fond of display, made the quotation " Otium cum dignitate," for the pur- pose of making a grand impression on the 'squire. In reply Mr. Fletcher pretended he said, " Oh, come and dig my taters," which, he argued, was not applicable to the case, for the rea- son that there was not a word of evidence about digging taters. However trivial the fun, it plagued Forsee, who wanted to ex- plain that it was Latin, etc., all of which amused the crowd the more.
There was formerly a lawyer of distinction at the Indiana- polis bar who was a fine speaker and a wit, but a little too fond of metaphysical distinctions. Hugh O'Neal, when Prosecuting Attorney, to break the force of this kind of argument, some- times in closing the case, would tell the jury this story: That this lawyer, so successful in his fine-spun distinctions, had been employed to defend old man Van Blaricum for shooting a neigh- bor's dog ; that the proof was clear that the defendant said he would shoot the dog ; that he brought out the gun in open day and loaded it; that he took deliberate aim at the dog, and that at the crack. of the rifle the dog fell dead with a bullet hole through him ; that thereupon this ingenious lawyer was stimu-
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lated by the difficulties in his case to unusual ingenuity, and contended that this was a case of circumstantial evidence merely, and that in such cases it was well settled that if a sin- gle link in the chain of evidence was wanting the whole evi- dence was worthless; and although there was proof of the threat, the loading of the gun, the firing, and that the dog was killed, " Yet," said he "what witness has testified that he saw the bullet hit the dog? " O'Neal told the story so well that he was sure to bring down the house, and that brought his opponent to his feet to explain that that was one of the stories invented by Fletcher.
Mr. Fletcher and William Quarles were employed by an old Quaker farmer unused to courts, but as full as other people of human nature. The case was before Judge Wick, in chancery, and the question was whether he would grant an injunction in favor of the Quaker. Mr. Fletcher's argument exhausted the points and authorities, so that, when Quarles closed the argu- ment, his remarks were principally directed to reviving some pungent scandals against the Quaker's adversary, to all which the Quaker gave earnest attention. Judge Wick sustained the injunction, but criticised, with some severity, the personalities which had crept into the case. The Quaker sat just outside the bar, and Mr. Fletcher, thinking he might not have understood the purport of the decision, said to him : "The court has de- cided in our favor." "Yes," was the answer, "but did thee hear Quarles ?"
Occasionally, however, the fun was on the other side. On one occasion, when the mails only went once a week to Mar- tinsville, Mr. Fletcher desired to forward a letter to that town in advance of the mail, and so informed Mr. Gregg, a waggish pioneer lawyer. Mr. Gregg found a Methodist preacher who was on his way to Martinsville, and who was much in the habit of holding up before sinners the terrors of future punishment. Mr. Gregg hurried into the court-room and found Mr. Fletcher busy. He told him, however, with a sober face, that he had found a " brimstone peddler," who was. on his way to Martins- ville, and would be in soon for the letter. Mr. Fletcher was writing the letter as fast as possible when the minister came in, and Mr. Gregg introduced him as the gentleman he had spoken
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of. The letter being hurriedly completed, and the minister about to leave, Mr. Fletcher, without reflecting, inquired how he succeeded in peddling brimstone. The minister was, of course, surprised, and Mr. Gregg, with a smile, explained that the peddler was a different man. Such are the specimens of the humors of the bar, which, though interesting at the moment, effervesce and disappear. But, perhaps, the less the incident the greater the comic talent required to make the fun effective. It will not be supposed that these casual diversions indicated any want of earnest purpose.
One of Mr. Fletcher's peculiarities was his ingenious mode of criticising and stimulating his students. He would think of something praiseworthy in the student, which he would eulo- gize, and thus please and gratify him; then he would, with touches of humor, state the faults to be corrected. By this course he avoided all offense.
During the process of making up his decision upon a question of law or policy he preserved entire impartiality. He was ready at any moment to abandon an untenable position. He was not satisfied until all sides had been examined, and he had the art of appropriating from those about him all that could be known. In consequence of this his decisions were not rapid, but they were sound and well considered.
One of his most serviceable powers was his remarkable mem- ory, which seemed to hold all that was committed to it. In his law office it was he who kept in mind all the business and who watched all the points of danger.
He held himself bound to give satisfaction to his client, and if there was dissatisfaction he was willing to consider it his fault. He explained, especially to non-residents, the services performed and difficulties encountered, and thus demonstrated the reasonableness of the charges made. This he considered both his duty and his interest.
He had, when young, felt the pressure of poverty, and had learned life from actual contact with its difficulties ; and while this gave additional force and edge to his good sense, and ac- quainted him with the details of humble life, it also aroused his disposition to take the part of the poor, the helpless and the op- pressed. To them his services were often rendered gratuitously,
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or for meager compensation. His sympathies were always ac- tive, and he had the faculty of conferring great benefits, not so much by direct aid as by teaching others how to help them- selves. His power of stimulating others to exertions was one of his leading traits, and was more valuable than mere gifts of money.
Notwithstanding his fees were moderate, his business was so extensive, and his industry and effectiveness achieved so much, that his income was large. His judicious investments, and his plain and unostentatious mode of living, led to the rapid accu- mulation of wealth.
This success did not enervate him; he was essentially the same, whether poor or rich. He was opposed to litigation when it could be avoided, and had great success in adjusting cases by agreement.
In forming his judgment of men he paid more attention to character than to talent, and he had the faculty of inferring character from circumstances generally overlooked.
When introduced to a stranger he would, for some minutes, give him his exclusive attention. He would notice every re- mark and movement, every expression of feature, and even the minutiæ of dress, yet he did all this without giving offense. He seemed to be ever under some controlling influence which led him to study character. In early times the bar, judge and peo- ple were thrown much together, and social and conversational talents were of great advantage to the lawyer. Here, Mr. Fletcher was remarkably well endowed. Attachment to his friends was one of his prominent qualities, and he often had them at his house enjoying his hospitality. Toward those in his office he was most attractive and amiable. He gave them his confidence and directed them to open and read the letters which came in his absence.
Among his other good qualities he was an example of tem- perance. He avoided the use of liquor and even of tobacco in all their forms. He never played cards, although card-playing was a common pastime among the lawyers in his day.
It is noticeable that he contrived to find his amusements along the beaten path of every-day duties. Mr. Fletcher held the office of Prosecuting Attorney at an early day, and afterwards
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served some time as a State Senator. His services for the pub- lic were always his best.
No one guarded the interest of the public more scrupulously than he. As Senator he gave great offense to some of his con- stituents by opposing the first charter proposed for the organiza- tion of a State bank. He resigned the Senatorship, and the next year another charter was prepared which obviated his objections. This charter passed the Legislature, and on the organization of the bank he became a director on the part of the State, and thenceforth gave banking and finance a large portion of his time and attention.
At one time Mr. Fletcher was, for a few days, a candidate against William Herod for the Whig nomination for Congress. He had every prospect of success, but he withdrew from the race because he thought it bad policy to leave his family and his business. At another time Governor Noble tendered him the nomination for Supreme Judge, but he refused to accept it.
For a short time Mr. Fletcher was president of the Bellefon- taine railroad, and for ten years he was superintendent of Rob- erts Chapel Sunday-school. It was his custom to have family worship every morning, and all his household, including his servants, were required to be present.
Mr. Fletcher kept a diary in which he recorded everything of importance that took place under his notice. This diary is a compendium of the history of Indianapolis during Mr. Fletch- er's residence here, and it is understood that one of his sons is now preparing a biography of his father, and that this diary will be largely drawn upon in the preparation of the work.
John B. Dillon, the historian of Indiana, in a paper not hith- erto published, thus sums up Mr. Fletcher's leading traits of character :
" I do not doubt that those peculiar traits of character which made Mr. Fletcher a remarkable man as a private citizen were influential forces in regulating and controlling his conduct as a member of the legal profession. As a private citizen he was a man of great industry, of unquestionable integrity, with a healthy, robust body, a mind naturally strong, fairly educated, cautious, and inquisitive about men and things. He was a good
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judge of men, and active supporter of the interests of practical Christianity, popular education, temperance and charitable in- stitutions. In the expenditure of money his habits were pru- dent and economical, but not parsimonious. He was firm, courageous and persevering in what he regarded as the line of duty. He was fond of children, and sometimes he would stop in his rapid walk on the street, to arouse into activity and am- bition the dull sluggishness of
"'The whining schoolboy, with his satchel And shining morning face, creeping like a snail Unwillingly to school.'
"Mr. Fletcher was often very much amused with laughable stories, especially when such stories illustrated cases in which dandies, fops or other vainglorious persons were made the sub- ject of comical practical jokes.
" Holding his place in the first rank among the lawyers of Indiana while he was an active member of the bar, the duties of Mr. Fletcher in prosecuting and defending suits in the courts were numerous, important and often burdensome. As a speaker his language was forcible. His reasonings were generally brief and pointed, and were always understood by those to whom they were addressed. He belonged to the class of 'business speakers,' and he seemed to care very little for the arts of rhet- oric and logic. He could, on proper occasions, use the power of sarcasm with great skill.
"As a prosecuting attorney in the pioneer time of the Fifth Judicial Circuit in Indiana, he was diligent and faithful in the discharge of his professional duties, but, if well authenticated tradition be true, he sometimes, in very extraordinary cases, availed himself of the use of novel and irregular powers in or- der to prevent the defeat of the ends of justice by the ignorance and stubborness of foolish men."
A gentleman who knew Mr. Fletcher well and intimately. gives this estimate of his character :
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