USA > Indiana > Greene County > Biographical memoirs of Greene County, Ind. : with reminiscences of pioneer days, Volume I > Part 11
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the most trying scenes of the county. No attorneys were admitted to practice during the year. About the year 1850 Allen T. Rose and W. R. Harrison were admitted to practice. Mr. Rose was an able lawyer and advocate. He was the wit of the circuit, and whenever it was known that he was to speak he always drew a full house. He entered the army early during the late war and was bad- ly wounded. Mr. W. R. Harrison occupied the front rank in his profession for many years.
TIIE MURDER OF WILLIAM WALKER.
In September, 1850, Hiram Bland was indicted, charged with the murder of William Walker. Contrary to the usual practice, and in opposition to the opinion of one of his attorneys, Major Livingston, he entered upon his trial at that term of the court. The state was repre- sented by A. L. Rhodes and the defense was conducted by George G. Dunn and H. L. Livingston. It was a clear and aggravated case of murder. He murdered his victim in daylight, for revenge. The main effort in the defense was to save the defendant's life. He was found guilty and sentenced to be hanged by the neck on the 15th day of November next following. This was the only case in the county where the accused had the death penalty pronounced upon him. On the 28th of October, 1850, at night, the defendant broke jail and escaped. He was con-
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cealed near his house and did not make an effort to escape from the county. Great efforts were made to find him, but for a long time they appeared unavailing. His hiding place was finally revealed by one of his pretended friends for the price of a new saddle, and on the 2d day of Janu- ary, 1851, he was retaken. His hiding place was in a corn pen, in the center of which was a place prepared for the purpose. The corn pen was next to the house in which his family lived and he had a secret passage under the floor from one place to the other. At the April term, 1851, a motion was made for a new trial, and affidavits were read contradicting several particulars in the testi- mony that was given by the state on the trial. Mr. George G. Dunn made a powerful effort to procure a new trial, but it was unavailing. The court pronounced judg- ment that he should be hanged on the 25th day of April following. On that day an immense concourse of people assembled to witness the execution (in that day execu- tions were public), but it was postponed by the governor until the supreme court could review the decision of the circuit court, and Mr. Bland expiated his crime on the gallows on the 13th day of June, 1851. On that day another large body of men, women and children as- sembled to witness the execution. The gallows was erect- ed a short distance southwest of the place where the southwest corner of the Monon depot now stands, and from it, in public view, the unfortunate man was sus-
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pended by the neck until dead. The land on which he was executed belonged to Peter C. Van Slyke, and it was made a part of the contract permitting the execution there that the gallows should, after execution, remain on the ground until it disappeared by decay, and it was left standing until it rotted down. William J. McIntosh was sheriff at the time, and conducted the proceeding with in- trepidity and great credit to himself. One thing that contributed largely toward bringing about the death pen- alty in this case was the turbulent character of the ac- cused. He and several brothers were powerful men physically, and when drinking were very quarrelsome and dangerous. When not under the influence of intoxicating liquor, as a rule, they were peaceable. When this trial came off the public mind was excited to the very highest pitch, and it is impossible for jurymen to be dif- ferent from other men. All persons become excited over a sudden and seemingly unprovoked murder. If the ad- vice of Major Livingston had been taken and the case continued one term the probabilities are that after the first burst of excitement had abated the jury would have sent him to the state prison for life. During this year Hiram S. Hanchett, James McConnel, Wells N. Hamil- ton, William P. Hammond and Aden G. Cavins were ad- mitted to practice. Mr. Hanchett was a student in the office of the Rousseaus, and soon after his admission to the bar moved west. W. P. Hammond was afterward governor of the state.
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REMINISCENCES.
At the September term, 1851, William M. Frank- lin appeared as prosecuting attorney and continued in that office until 1853. During the year Daniel McClure and E. D. Pearson were admitted to practice. Mr. Mc- Clure was afterward secretary of state, and during Mr. Buchanan's administration was appointed paymaster in the army, and later was assistant paymaster general of the army. E. D. Pearson was afterward judge of an ad- joining circuit. This year the office of associate judge was abolished, since which there has been no associate judges. .
At the April term, 1852, R. S. Clements, Jr., W. D. Griswold, Nathaniel Usher, F. T. Brown and John P. Usher were admitted to practice. During this term J. P. Usher and George G. Dunn met each other in the legal arena for the first time. Each of them had achieved great distinction in their state before that time. It was the judgment of the bar that each had "met a foeman worthy of his steel." Mr. Usher was afterward secretary of the interior in President Lincoln's cabinet. The trus- tees of the Wabash & Erie canal were indicted by the grand jury at this term for nuisance. The alleged nuis- ance was the erection and maintaining of a dam across White river at Newberry, and thereby backing the water over the lowlands adjoining the river.
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There was a trial by the court and the case was held under advisement until the next term. At the next term the court found the defendants guilty and assessed a fine of ten dollars against each of them. The case was appealed to the supreme court and reversed. The revised statutes of 1852 fixed the terms of court in April and October, but no business was transacted that year after the September term.
In the year 1852 the court of common pleas was established, and the act was approved May 14, 1852. The counties of Clay, Sullivan, Owen and Greene com- posed one district, but the districts were changed from time to time afterward. This court was given exclusive jurisdiction of probate matters, and the old probate sys- tem was abolished. It had original jurisdiction of all that class of offenses, which did not amount to a felony, except over which justices of the peace had exclusive jurisdiction. State prosecutions were instituted by affi- davit and information. Under certain restrictions the court had jurisdiction over felonies, where the punishment could not be death. But in no case was the intervention of the grand jury necessary. In all civil cases, except for slander, libel, breach of marriage, action on official bond of any state or county officer, or where title to real estate was in issue, this court had concurrent jurisdiction with the circuit court, where the sum or damages due or de- manded did not exceed one thousand dollars, exclusive of
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interests and costs, and concurrent jurisdiction with the justices of the peace where the sum due or demanded exceeded fifty dollars. When the court was first organ- ized appeals could be taken from it to the circuit court, . but that was afterward changed so that no appeal could be taken to the circuit court, but appeals could be taken to the supreme court. The jurisdiction of this court was enlarged from time to time after its establishment. The clerk and sheriff of the county officiated in the common pleas court as well as in the circuit court. The judge of the common pleas court was ex-officio judge of the court of conciliation. The court of conciliation had jurisdic- tion of causes of action for libel, slander, malicious prose- cution, assault and battery and false imprisonment. The jurisdiction of this court extended to questions of recon- ciliation and compromise only. No attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from other persons, except that an infant was re- quired to appear by guardian, and a female by husband or friend. This branch of the court was abolished in 1867. We go into particulars of this court because it was afterward abolished entirely.
THE FIRST COMMON PLEAS COURT.
The first term convened in Greene county in Janu- ary, 1853. William M. Franklin was judge, and con-
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tinued in that office for four years. Frederick T. Brown was the first district attorney for the court and held the office for two years. At the April term, 1853, James Hughes appeared as judge of the circuit court. He was elected by the people and was the first circuit judge ever elected by popular vote in this circuit. Before this period judges had been elected by the legislature. He held the office until the close of the year 1855, when he resigned. He was elected to Congress in 1856, and was afterward appointed judge of the court of claims by President Buchanan. He was a graduate of West Point, and was a lieutenant in the Mexican war. In 1864 he was com- missioned major general by Governor Morton and had command of the Southern division of the state of In- diana. He was a man of superior ability. He served sev- eral terms in the legislature as representative and sena- tor. William E. McClean appeared as prosecuting at- torney and served two years. John R. Hudson, Sheri- dan P. Reed, William E. McClean, A. B. Carlton, E. H. C. Cavins, and Andrew Humphreys were admitted to practice at the April term of the circuit court and Albert E. Redstone, Ephraim Jackson and Jacob C. Brown at the November term of the common pleas court. Mr. Hudson practiced law here two years and went to Ken- tucky.
On the 21st day of April, 1853, John I. Milan was appointed deputy clerk, before he was twenty-one years
e A pa the squ on Mrs irg own
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of age. He took a prominent part in the official and po- litical history of the county from that time until his death.
METHODS OF PRACTICE.
In the early practice of the common pleas court the district attorney would give the names of the persons sup- posed to have knowledge of misdemeanors to the clerk. who would issue a subpoena for then to appear in open court, to be examined as to their knowledge of violations of law. This practice consumed so much time of the . court that it was soon abandoned and the practice of tak- ing the affidavit of the prosecuting witness without exam- ination in court was adopted and followed. As an illus- tration of the first practice at an early term, a large num- ber of witnesses were subpoenaed to appear at the same time from various portions of the county. They came from Thacker Neck, Paw-Paw Bend, Dog Island, Devil's Ridge, Swayback, Hardscrabble, Bristle Ridge, Black Ankle, Wild Cat, Snake Hollow, Buzzard Roost, Cattle Flat, Tail Holt, Lick Skillet, Shake-rag, Pinhook and other prominent places in the county. In consequence of the large number of witnesses to be examined there was necessarily considerable delay in the investigation of some of the cases and the examination of some of the witnesses. Some witnesses were detained several days on expense. One old lady from the region around. Swayback was con-
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siderably demoralized over the annoyance to her, and with many others gave expression to her opinion of the recent change from the probate to the common pleas system. She said: "I don't believe there is any more jestice in this court of common sprees than there was in the old crowbait."
At the October election of this year, 1854, A. B. Carlton was elected prosecuting attorney of the circuit court for two years and Oliver Ash was elected district attorney of the common pleas court for two years. Dur- ing the year, in the order named, William Clark, William Mack, John N. Evans, John T. Gunn, Francis L. Neff, Harlin Richards and Arthur M. Neill were admitted to practice. William Clark located as an attorney at Bloom- field, and at once entered into a fair practice, but died within a year of his admission to practice. William Mack located at Bloomfield and resided there for several years and moved to Terre Haute, Indiana, where he at once took front rank as an attorney and later was speaker of the house of representatives and judge of the circuit court. John N. Evans also located at Bloomfield and resided there until 1862, when he moved to Washington, Daviess county, Indiana, and there resided until he died. He was an able lawyer and for a while he was a partner of Mr. Mack. The other attorneys admitted at this term were attorneys of adjoining counties, except Mr. Neill, who
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was what was called a "constitutional lawyer," more for ornament than for practice.
THE FIRST CASE OF BARRATRY.
The first case of barratry ever prosecuted in the county was prosecuted at the July term of the common pleas court. It was against Ralph Martindale, an early settler and well-know citizen of the county. A large number of witnesses were brought into court to testify against him. On motion of the defendant's attorney the affidavit and information were quashed, and he was dis- charged, and thereupon, on motion of Major Livingston, and on proof as required by the constitution and laws of the state, Ralph Martindale was admitted to the bar, but he never practiced law except in justices' courts, as he had been in the habit of doing before. This year there was a case instituted that was new under Indiana prac- tice. James C. McClarren brought an action against Alva Dill, charging that the defendant had sold intoxicating liquor to one James Peden, until Peden became so intoxi- cated that he could not go home; that plaintiff took him to his, plaintiff's house, and took care of him until he died, and plaintiff demanded judgment for two hun- dred dollars for attention to and care for him. The court rendered judgment against Mr. Dill for one hun- dred and fifty dollars. This is the only case of the kind that has ever been tried in the county.
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THE LOG CHAIN CASE.
In 1855 William E. McClean acted as prosecuting attorney at the April term and Francis L. Neff at the Oc- tober term. Oliver Ash was district attorney for the common pleas court. . At the October election Francis L. Neff was elected prosecuting attorney and John M. Hum- preys clerk. Alfred Dyer, John R. Stone, Theodore Reed, David Sheeks, Willis G. Neff, Francis L. Neff, John H. Huff, John C. Palmer, J. W. Burton and E. C. Flinn were admitted to practice. John H. Martin, of Owen county, was admitted to practice about this time. This year a case from Paw-Paw Bend was terminated in- volving considerable interest in that locality. Two men got into a dispute about the ownership of a log chain claimed in the papers to be worth four dollars. The evi- dence established that the chain was worth from one dollar established that the chain was worth from one dollar and a half to two and a half. The plaintiff claimed that he had purchased the chain from Peter Caress. After considerable litigation in the justice's court, and on ap- peal, the case was finally decided in the favor of the de- fendant. The plaintiff in the first case then brought suit against Mr. Caress for selling him, plaintiff, a chain that did not belong to the seller. Caress did not try to prove that he ever owned the chain in dispute, but proved that he owned the chain he sold, and consequently the plain-
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tiff was again defeated. The court decided in each case that the chain in litigation was not the Caress chain. The costs outside of the attorney's fees and loss of time, in this log chain litigation amounted to one hundred and sixty-five dollars and thirty-four cents.
In 1856 J. M. Hanna appeared by appointment to hold court as judge at the April term, and A. B. Carlton at the October term of the circuit court. F. L. Neff acted as prosecuting attorney during the year. This was his last year of official service in Greene county. He entered the army early in the war and was killed in battle while colonel of his regiment. He was an earnest, efficient and able attorney, and displayed great gallantry in the army. In the common pleas court A. N. McGindley acted as dis- trict attorney at the first two terms and J. A. Gormley at the last two terms. John M. Humphreys appeared as clerk. Austin N. McGindley, Samuel R. Cavins, L. B. Maxwell, Sewall Coulson, Joseph Gormley, N. F. Malott, Robert M. Evans and Theodore Ogle were admitted to practice. Robert M. Evans had recently located at Bloomfield. He had been a practicing attorney for sev- eral years, was a captain during the Mexican war. He did not remain many years in the county. He died in 1862, at Washington City, while in some position con- nected with the army. At the October election, 1856, J. M. Hanna was elected judge of the circuit court, M. A. Osborn prosecuting attorney, F. T. Brown, judge of the
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common pleas court ; Michael Malott, district attorney, and William G. Moss, sheriff.
During this year there was a small but rather novel case tried in the common pleas court, wherein Ralph Mar- tindale, one of the "constitutional lawyers" of the bar, was plaintiff and John Hash was defendant. The case was commenced before a justice of the peace and was brought to the common pleas court by appeal.
THE MAST CASE.
The complaint was drafted by Major Livingston and stated, among other things, "that the plaintiff was the owner of a certain tract of land in Center township con- taining two hundred acres, and was agent for a large body of land belonging to Andrew Downing & Com- pany, and in possession of it, and entitled to the annual mast growing thereon, all of which was covered with a heavy and large growth of timber, consisting of white oak, black oak, pin oak, burr oak, post oak, chestnut oak, chinqnapin oak, beech, black walnut, white walnut, hack- berry, hazelwood and grape vines. The said oak timber, beech timber, black walnut, white walnut, hackberry and hazelwood were heavily loaded with oak mast, beech mast, walnut mast and hazel mast, and said grape vines with grapes. And also that the ground underneath said timber, hazelwood and grape vines growing on said lands were
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deeply covered with said oak mast and beech mast and walnut mast. hazelnuts and grapes, furnishing to the stock of hogs, cattle and sheep of said plaintiff a good and suf- ficient supply of food to last his said stock from the Ist day of September, 1854, up to the Ist day of April, 1855, of great value, to wit, of the value of two hundred dol- lars, and the said plaintiff says that the defendant after- ward, to wit, on the Ioth day of September, 1854, at the county and township aforesaid, did drive in and up- on said lands of the said plaintiff one hundred head of large hogs, being the hogs of the defendant, and from thence, hitherto and up to the time of filing this complaint, did feed upon and eat up the mast of said plaintiff and thereby deprived the stock of the said plaintiff of the use and benefit of said mast, to the damage of plaintiff," etc.
The part of the complaint in regard to the land of Downing & Company was stricken out, on motion of the defendant's attorney. There was a trial by jury, finding for plaintiff, and assessment of damages at six dollars.
MURDER OF JAMES RAINWATER.
On the 4th day of September, 1856, Prettyman Meuse murdered James Rainwater. The murder oc- curred in front of Lot No. 8, on Washington street, Bloomfield. Meuse was a physician who had recently located at Bloomfield. Rainwater was a young man, a lay laborer, who had recently come to town.
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Dr. Meuse became incensed on account of some re- mark that he heard Rainwater had made about him in connection with his conduct at a camp meeting. With- out saying anything to Rainwater, Meuse approached him with a rawhide and revolver and commenced strik- ing him with the rawhide. Rainwater turned and started to run down the street away from him. Meuse shot at him as he ran. The first shot struck him and he ex- pired in fifteen minutes. The bystanders were so amazed at the suddenness and manner of the assault that for a few moments they stood appalled. at the scene before them. After the second shot, however, Thomas Patter- son, a cool, resolute man, seized the murderer and called upon some bystanders to assist in his arrest. He was tried before James D. Knapp, a justice of the peace, ad- judged guilty and remanded to the county jail to await the action of the grand jury. At the October term the grand jury returned an indictment against him, and on account of the excitement against him in Greene county, the case, on application of the defendant for change of venue, was sent to Monroe county. He was tried in Monroe county and found guilty and sentenced to state's prison for life. Some years after he was pardoned, but never returned to Greene county. The last heard of him he was a surgeon in the rebel army.
In 1857 all the officers of the courts elected at the . October election of the year before appeared and entered
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upon the discharge of their duties. During the year Jesse Powell, M. F. Burke and Thomas Flinn were ad- mitted to practice. On the 11th of May, 1857, Hughi Livingston died. He had continuously practiced in the courts of the county and other counties since 1826, and was an able and distinguished lawyer in all of its branches but excelled as a great criminal lawyer.
DEATH OF JOSIIUA HOLDING.
On the 10th day of February. 1857, William Buck- ner murdered Joshua Holding in Greene county, on the public highway, between Cincinnati, in Greene county, and Standford, in Monroe county. Buckner was about eighteen years of age. Holding was probably several years past fifty. Buckner was indicted at the April term following. He was prosecuted by Milton A. Osborn, prosecuting attorney. Paris C. Dunning, S. H. Muskirk, S. R. Cavins and A. G. Cavins were retained for the de- fense. Mr. Holding was a resident of the state of Illi- nois, and at the time of the murder was on his way to Bloomfield to look after a son who was in jail on some criminal charge. Not wishing to reveal the object of his visit, Mr. Holding said his business was to buy cattle. * He was on foot going from Bloomington to Bloomfield; Buckner was also on foot, going to some place in south- ern Indiana. The deceased was found in the road dead,
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with a pistol shot through his head, the bullet having en- tered from the back part of the head. A light snow par- tially melted away was on the ground, and a track lead- ing from the scene of the murder was discovered leaving the road and pursuing a journey through the woods. The two had passed a house together a short distance from where the body was found.
The officers of the law followed the man by a des- cription of him without knowing who he was and found him in Pike county a short time after, and he was brought back to the county. The theory of the prosecution was that Buckner believed Holding had a large amount of money with which to buy cattle, and while walking along together, when they arrived at a secluded place, Buckner so arranged it as to fall a little behind Holding, and shot him with a revolver for the purpose of getting his money. Buckner at first denied all knowledge of the killing, and said he left the road so as to take a more di- rect route, while Holding continued on the road. The case was called at the term at which the indictment was found, and Buckner made an application for change of venue, which was overruled. An application for contin- uance was then made, on affidavit prepared by Mr. Dunn- ing. The prosecuting attorney objected to a continuance, alleging that the affidavit was false in every material par- ticular, and that the defendant's attorneys knew it to be false, and that a conversation between the defendant and
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his attorneys had been overheard in which the defendant acknowedged that he had shot the deceased. Governor Dunning made a powerful denunciation of the statement of the prosecuting attorney, stating with great force and emphasis that the informer was a liar, and the truth was not in him. The case was continued until the October term of court. On the night before the October term con- vened, Buckner, with some outside assistance, broke jail and was never retaken.
In 1858 James M. Hanna, judge of the circuit court, resigned, having been elected as one of the supreme judges of the state. Solomon Claypool was appointed to fill the vacancy and held court during the year. At the April term I. N. Pierce acted as prosecuting attorney, and David Housten at the October term. During the year David Housten, Henry C. Hill, Isaac N. Pierce. John Baker, Elijah Eddington, Mr. Keck, Benjamin F. Cavins, George W. Throop and Franklin P. Stark were admitted to practice.
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