USA > Indiana > Greene County > Biographical memoirs of Greene County, Ind. : with reminiscences of pioneer days, Volume I > Part 9
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BRISTLE RIDGE SCHOOL HOUSE.
and it was well named, as the brush and briars were al- most too thick for the rabbits and quails to get through, much less the towheaded children and the older "kids." The oldest men in the neighbood was appointed general superintendent. A day was set for work to begin and every man that could wield an ax, or a broad ax was noti- fied to be on hand ready for work.
An old-time saying was, "many hands make light work," and so it was in the building of Bristle Ridge school house, the first school in Plummer township. A few years later it was changed to Taylor township, in honor of General Zachary Taylor. In an incredibly short time the logs were hewed and on the ground ready for use; in. size the house was about 20x20 feet, but it was to be something extra, as it was of hewed instead of round logs. The raising of the house, as it was termed, . was hard, heavy work, but the early settlers had the
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nerve that but few of the present generation have, and worked with a will that meant business. Cost, price or wages was not known in anything but perhaps a few panes of glass and a few pounds of nails, the probable cost of which couldn't have been over two or three dol- lars. Think of a school house with an outlay of less than five dollars cash, and note the contrast with the present time school houses.
The owner of a nearby water power sawmill kindly donated the lumber for the floor and loft floor, and door, the price of which at that time was about 50 cents per hundred feet of the best yellow poplar timber, such as is now worth five dollars and six dollars per hundred. The door was with wooden hinges and latch and hung on the outside, the same as the door to a barn or blacksmith shop. A six-light window by the side of the door was called
THE MASTER'S WINDOW.
A male teacher was called the master and the female teacher the mistress. A log was cut out on one end and one side of the house, about six or eight feet long, and just wide enough to take in about eight or ten panes of 8x10 glass, which gave light for the entire house, except that our stick and clay chimney unfortunately was built wrong end up, which made it necessary to keep the door open all the time to keep the room clear of smoke; so the
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open door was a help in more ways than one, but on very cold days the door had to stand open all the same. It was "freeze on one side and roast on the other," as our teacher expressed it. All school houses then were warmed by the huge fireplaces that took in wood from four to six feet long. Our fireplace was a six-footer, and it took four of the biggest boys in school with hand spikes to carry in a back log and put it in place. Almost a wagon load of wood it took to keep fire for one day. Wood was cheap, and cost only the chopping and hauling. All the . big boys were expected to devote a few minutes each day, at noon or recess, in chopping for everyday use. Many responded to the call, while others, with myself, were not much inclined. The house was well chinked and daubed inside and out, which added much to the warmth as well as looks. A clapboard roof didn't shed all the snow, sleet and rains, as in time of drifting storms, and there were many of them. There would often be almost as much snow in the loft as on the outside, and when the snow began to thaw from the heat of the big fireplace, the dirty snow water began to trickle down through the loose loft floor onto our heads in a way that can better be imagined than told in writing. Suffice it to say it was no place for girls with white dresses. The lumber in the floor was green when nailed down, so it wasn't long until the cracks in the floor were open enough to give a good ventilation, especially when the wind came in un-
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der the floor from the northwest, mingled with snow and sleet. Imagine the situation and feel for the poor school boys and girls of sixty years and more ago. The school houses of sixty years ago were not all twelve feet stories, but very many of them were but of one six-foot story like Bristle Ridge school house. We had one schol- ar that stood six feet four in his shoes, and the joists overhead were so low that he couldn't stand straight un- der them, and he had to stand between the joists for convenience, and much to the merriment of all the other scholars and the teacher. From his portly and com- manding appearance we called him Bonaparte, and he was proud of the name. Had the promoters of the building known of the height of Bona they would no doubt have made allowance for him in the height of the room. He was at that time no doubt the tallest scholar in the coun- try. The first school taught in the Bristle Ridge school house was by an old and experienced teacher of liis time, and was what was termed a loud school, which means that all studied aloud, a perfect bedlam of noises. It was a subscription school, as all schools were at that time and for many years after. As money was scarce with many of the patrons they found it a difficult matter to buy regular school books for the children, so any old books were pressed into the service as reading books, and testa- ments were often used. And one morning, I shall never forget, when Bonaparte came to school with a patent
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medicine almanac for a reader, the teacher was not slow in assuring him that his book wouldn't fill the bill, so ยท Bona, not a little chagrined at his defeat, marched away to his seat, muttering as he went that his book had some mighty good "readin'" in it. Many never studied any- thing but reading and spelling, and a very little "retlimetic."
The higher branches were not considered at all im- portant by many of the old residents who never knew anything of the real worth of an education, and not a few thought an education only tended to make rascals of their sons and daughters.
In all the early schools there was no such thing as compulsory education, consequently there was but little system or order, for the reason that the services of the older scholars at home was thought to be of more im- portance than their education. Rainy days and intensely cold weather was good enough for schools, so considered, thus confining the attendance of the average scholar to one or two days in each week throughout the entire winter, and often the subscription only covered the time in actual attendance, so it was policy not to attend much, and the schooling didn't amount to much either, so there was no robbery on either side. Bristle Ridge school house was centrally located in the territory it was built for, with paths that diverged from the center to the circumference, three or four miles away, in all directions through the
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dense woods, like spiderwebs from a center. A school day was from morning until night and often darkness overtook us before we reached home, as also we had to be on the way mornings before it was light, to be in time for school.
In times of intense cold weather and deep snows or mud and water, that had to be encountered in going to and from school, the little schooling we got was very dear to us, as the scanty attire of all the scholars it would seem was hardly sufficient for the extreme rigor of win- ter, for not a boy or girl knew anything of the comfort of an overcoat or cloak, or of overshoes or rubber boots. In this respect the little "kids" and the big "kids" all fared alike, but withal they had health to withstand the terrors of winter, as their rosy cheeks and robust forms plainly indicated.
By reason of a long continued real shaking ague of every member of my father's family, that came to stay with us, and did stay with us, all through the fall and winter of 1845 and 1846, I was not permitted to attend the first school at the Bristle Ridge school house, but the next fall after I, with three of my brothers, came in for the lion's share of schooling, after a vacation of six years when we most needed schooling-a long vacation to en- dure. All the schooling of myself and brothers was sub- scription and it was dear, and very dear. My oldest brother, now in his eighty-first year, never went to school
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a day after he was thirteen years old, for the reason that his services were required at home in helping to make a farm in the wild woods. Such was often the case in many well regulated homes where necessity had to rule.
It was quite common in nearly all schools to spend every Friday afternoon in spelling, and many were ex- perts and could spell the old spelling books through with- out missing a word. Almost every man's house in the neighborhood was open for spelling school by turn, one night in each week, all the fall and winter through, and the nights were never too dark nor cold, nor the snow too deep to attend a "spellin' " miles away, especially if the way was lighted by a hickory bark or clapboard torch. The days of the old poineer teachers and scholars were not all sunshine, nor were they all dark and gloomy, as some would suppose, and no "upper tens" nor "upper crust" were known, but all met on a level, and every one was neighbor to neighbor, and all bells chimed together for the common good in the days of over sixty years ago. HENRY BAKER.
OLD EEL RIVER AT WORTHINGTON.
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COURTS OF GREENE COUNTY.
The first term of circuit court held in Greene county was held at the residence of Thomas Bradford, one mile south of Bloomfield, in September, 1821. J. Doty was president judge; John L. Buskirk, associate judge; , Thomas Warnick, clerk, and Thomas Bradford, sheriff. The clerk was not required to give surety on his bond. Henry Merrick and Amory Kinney were admitted to practice as attorneys. Henry Merrick was appointed prosecuting attorney. Amory Kinney was afterward well known throughout the state as an eminent judge. The first grand jury was composed of thirteen jurors-John O'Neal, John Slinkard, Benson Jones, John Goldsberry, Reuben Hill, James Smith, Levi Fellows, Jonathan Lind- ley, Benjamin Hashaw, Cornelius Bogard, Cornelius P. Vanslyke, Eli Faucett and Joseph Ramsomers.
Colonel Levi Fellows was appointed foreman of the jury. The first court docket has written on the back of the first leaf in prominent and bold letters this motto: "Fiat Justicia Ruat Coelum" (let justice prevail if the heavens fall).
The docket for this term of court contained two cases only. The first was Thomas Mounts against Zebu- lon Hogue, and the action was styled "Trespass on the
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case for slander." It appears that even in that early day, when only a few settlers had gathered together, and when they needed each other's sympathy and assistance, that the strong passion of malignity invaded the settlements and arrayed one neighbor against another, and that they finally resorted to the court for redress. But in this in- stance it also appears that finally "the better angel of their nature" prevailed, and the case was dismissed. The probability is that these litigants made friends, as on the same day Mr. Hogue went on Mr. Mount's bond as surety for his appearance at the next term of court. The other case on the docket at the first term of court was Benja- min Hashaw against Thomas Mounts, and was styled "Trespass on the case for debt." This case was also dis- missed. At this term of court Mr. Mounts seems to have monopolized the business of being defendant in court. The grand jury returned four indictments, and they were continued until the next term. The associate judges were paid by the county. The first action of the commission- ers in 1822 was to issue an order to pay the salary of Jolin S. Buskirk for the year 1821. His salary was not as large as judges' salaries were at a later period in history, his sal- ary for the year being two dollars. Judge Buskirk was a prominent, leading man in the early settlement of the - county, and a relative of the numerous family of Bus- kirks who have ornamented the bench and bar of the state.
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THE SECOND TERM OF COURT.
The February term, 1822, of the court was held at the same place as the preceding term. It was held by As- sociate Judges Thomas Bradford and John L. Buskirk. Thomas Warnick was clerk, and was continuously clerk until 1835. John Leaman was sheriff, and continuously so until 1829. Addison Smith was prosecuting attorney. Craven P. Hester, Thomas H. Blake, Joseph Warner and Addison Smith were admitted to practice as attorneys, "they having produced their proper license." The grand jurors were: Robert Anderson, Alexander Plummer, Richard Benson, Hiram Hayward, William Clark, Ed- mund Gillum, John Breece, Jonathan Sanders, Peter In- gersoll, Samuel C. Hall, Eli Faucett, Isaac Hubbell and William Bynum. At this term four indictments were re- turned. On two of the indictments returned in 1821 the prosecuting attorney entered a nolle prosequi. One was continued, and on the other there was a trial by jury. This was the first trial by jury ever had in the circuit court of the county. It was a charge of assault and bat- tery, and against Daniel Carlin. The assault and battery was said to be on Peter C. Vanslyke. The jury was com- posed of Joseph Smith, Orange Monroe, James Stalcup, William Scott, Isaac Hicks, Thomas Stalcup, John S. Warner, David Deem, Abel Burlingame, Aaron Stepum, Stephen Dixon and Jonathan Osborn. Craven P. Hester
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appeared for the defendant. The jury found the defend- ant guilty, and assessed his fine at one dollar. A motion for a new trial was made and overruled, and excepted to. A. motion in arrest of judgment was made and heid un- der advisement until the next term, at which time the mo- tion was sustained and the defendant discharged.
At this February term of court, 1822, one man pleaded guilty to an indictment that was returned, and was "censured by the court" and fined one dollar and fifty cents. Philip Shintaffer, one of the earliest settlers, was a man of considerable notoriety. He was famous for ox driving, and it is said that at one time he owned sixteen yoke of oxen, and could drive as well without as with a road. He was noted for having a quick temper, which often brought him to grief. At this term he appeared in court and caused to be spread upon the record a retrac- tion of a slander against one of his neighbors. He fig- ured extensively as defendant in state prosecutions, and Judge Kinney, his attorney, realized that in one respect he was a law-abiding man-in this, that he always paid his attorney's fees at the end of the lawsuit, and that suit was his attorney's suit.
At this term Robert Anderson, an immigrant from Scotland, was naturalized, being the first person who re- ceived naturalization papers in Greene county.
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THE THIRD TERM OF. COURT.
The August term, 1822, was held by' William Wick as president judge and Thomas Bradford as associate judge. Court convened at the residence of Judge Brad- ford, and adjourned to meet at the court house in Bur- lington, the then county seat of the county. Smith El- kins, Isaac Naylor, Hugh Ross and James Whitcomb were admitted to practice as attorneys. James Whitcomb was afterward governor of the state. Several cases were tried at this term. Four judgments were rendered and three fines assessed. The grand jury returned ten in- dictments-one for man stealing, one for selling intoxi- cating liquors without license, and the others for various misdemeanors.
The March term, 1823, was held by the same presid- ing judge and Martin Wines, associate judge. Mr. Mar- tin Wines was one of the earliest settlers on the west side of the county. He lived to be an old man, and filled many places of trust. He was noted for his hospitality far and near, and for his upright life. He gained con- siderable notoriety as the author of a series of chronicles published in papers. Smith Elkins was prosecuting at- torney. Jolin F. Ross was admitted to practice. There was very little business at this term. There were six in- dictments returned by the grand jury, one of which was for challenging a man to fight a duel. At this term Rich-
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ard Huffman, long known as a quiet, peaceable, orderly and good citizen, was fined thirty-seven and one-half cents for fighting.
The October term of that year was held by the same judges. David Goodwin, Edgar Wilson, John Law and Calvin P. Fletcher were admitted to practice. John Law afterward became eminent in his profession and was judge of the circuit and served several terms in congress.
FIRST INDICTMENT FOR MURDER.
At this term the first indictment for murder in the county was found. Andrew Ferguson and Julius Dug- ger were charged with the murder of Isaac Edwards. The murder was charged to have been done with an ax.
Elkins Smith, the prosecuting attorney, assisted by Addison Smith and Isaac Naylor, prosecuted the case. These assisting attorneys were employed by the county to prosecute. The defendants were defended by Craven P. Hester and John Law. The defendants demanded sep- arate trials, and Ferguson was tried at that term and ac- quitted. The case was continued as to Dugger. Before the first trial the defendants were sent to Bloomington, Indiana, for safe-keeping, and after Ferguson was acquit- ted Dugger was sent to Spencer for safe-keeping.
The trial created much excitement among the peo- ple throughout the county. The original jury was chal-
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lenged entirely, after which forty-eight others were brought in, and with these they could not impanel a jury. Twenty-five others were brought into court, making in all eighty-five. From this number they selected the jury, composed of Moses Ritter, John Burch, George Burch, Simon Snyder, John Uland, Joel Benham, Daniel Inger- soll, George Padgett, Joseph Mise, Alexander Craig, John Breece and John Moore.
The case was ably prosecuted, and as ably defended. The jury found the defendant guilty of manslaughter, and he was sentenced to the state prison for four years.
The May term, 1824, was held by Jacob Call, presi- dent judge, and by Judges Bradford and Wines, associate judges. Thomas F. G. Adams was admitted to practice.
FAMOUS SLANDER SUIT.
At this term there was a famous slander suit between parties long and favorably known in the county. The case was tried by a jury, after having been continued and passed until the witnesses and parties were brought into the court on seven different days. The jury, after a long and laborious trial, returned a verdict for six cents.
At the October term John R. Porter was president judge, and the same associates as at the preceding term. Mr. Shintaffer, who had heretofore signed what in com- mon parlance was called a "lie bill," appears not to have
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profited by his past experience, and another slander case was presented against him. During the year more than half of the cases were for affray, riot and slander.
FIRST COURT IN BLOOMFIELD.
The May term, 1825, convened at Bloomfield, and ivas the first court ever held in that place. At this term Jacob Call was president judge, Jolin Law was prosecut- ing attorney, and filled that place until 1830. Judge Por- ter was president judge at the October term of that year, and his term did not expire until 1830. This year Wil- liam B. Morris appeared as associate judge in the place of Judge Bradford, whose term of office expired. The first divorce ever granted in the county was in this year, and in favor of Ezekiel Herrington. General Jacob B. Lowe was admitted to practice.
In the year 1826 Colonel Levi Fellows and Rob- ert Smith appeared for the first time as associate judges. We have been unable to learn anything of Judge Morris or Judge Smith, but Judge Fellows was one of the earli- est settlers and one of the best educated and useful citi- zens. He settled at the old mill seat near Mineral City, and resided there until 1865, when he moved to Terre Haute and has since died. During this year there ap- pears to have been a mania for divorces, and a large num- ber of cases, considering the population of the county,
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were commenced, but nearly all of them were continued from time to time, until the parties, wearied by the "law's delay," were reconciled. At the October term of this year Hugh L. Livingston was admitted to practice. He after- ward moved to Bloomfield, and made that place his home during the remainder of his life. This term was held by the associate judges without the presence of the president judge.
There was no change in the officers of the court dur- ing the next two years. In the year 1827 E. H. McJun- kins, Henry Chase and Mathias C. Vanpelt were admitted to practice, and in the year 1828 Mr. Griffith was admit- ted. At the June term, 1829, Samuel R. Cavins, who lived in Jackson township, appeared as associate judge to fill the vacancy caused by the retiring of Judge Smith. At this term Affey Herrington divorced her husband, Eze- kiel Herrington, this being the first divorce granted in the county in favor of the wife. This same man was the first man in the county to divorce his wife, and now in turn he is the first man to be divorced on application of his wife.
PROBATE COURT.
This year the first probate judge was elected in the county, and the first judge of that court was Willis D. Lester. He was among the very first settlers in the county, his father having settled there before Willis D.
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was grown. He was elected in 1829 and held the office until 1843. He was elected again in 1849, and held the position until the court was abolished in 1853. In the year 1830 Jolin Law was elected by the legislature judge of the circuit, and E. M. Huntington prosecuting attor -. ney, each for the term of seven years, but Greene county was soon legislated out of Judge Law's circuit. Corne- lius Bogard was sheriff, having been elected the year be- fore. He was one of the earliest settlers, and took an ac- tive part in the county business for many years. He was a man universally esteemed. At the April term, 1831, Tilghman A. Howard was admitted to practice. He was one of the best men in the state, and certainly for many years the most popular man in his party in the state. In 1840, at the earnest solicitation of his party friends, he resigned his seat in congress and became the Democratic candidate for governor. It was thought that his per- sonal popularity throughout the state would enable him to defeat Governor Bigger. But the tide of enthusiasm for General Harrison against Martin Van Buren was ir- resistible, and Harrison's popularity elected the whole Whig ticket. In 1842 General Howard was the choice of his party for United States senator, while O. H. Smith was the choice of the Whigs. Neither was elected, but Edward A. Hanagan carried off the prize. General How- ard was afterward appointed to an office in Texas, and while there died. At the October term G. W. Johnson
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acted as president judge. Norman W. Pierce appeared as associate judge in the place of Judge Fellows. Judge Pierce came to the county in 1819 with Colonel Fellows, they being brothers-in-law. He removed from the county in 1834. In 1832 Amory Kinney appeared as president judge, and held the office for five years. John Robison succeeded Judge Pierce as asso- ciate judge, and John Cook was elected sheriff. After this term the name of Philip Shintaffer ceased to orna- ment the records of the court. He finally became dis- gusted with the "ups and downs" of Greene county life, and especially with the courts, and silently glided down the waters of White river, and still downward until he reached the "father of waters"-the Mississippi-and on its banks he erected his cabin. The last time his name appeared on the docket it was followed by a nolle prosequi.
REVOLUTIONARY PENSIONS.
Early in this year congress passed a law granting pensions to all who served in the army, navy or militia during the Revolutionary war. The applicants were re- quired to make their proof before the court, and one of the witnesses was required to be a minister of the Gospel, if such could be done, and if the applicant could not pro- cure the testimony of a clergyman,' he must show that fact, and the reason why. During this year proof for
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John Storms, Peter Ingersoll, Adam Rainbolt and Joshua Burnett was made.
No attorney was admitted to practice in 1832. In 1833 R. C. Dewey, Delana E. Eckles and Paris C. Dun- ning were admitted. D. R. Eckles many years afterward was judge of the same court. P. C. Dunning was after- ward governor of the state. All of these men were of first-class ability and achieved distinction in their profes- sion. In the year 1834 the attention of the board of com- missioners was called to a defect in the "temple of justice," in some degree affecting the comfort of those having busi- ness there, and thereupon they ordered that the under- pinning of the court house be repaired so as to keep the hogs from disturbing the court. This year William S. Cole succeeded Judge Robinson, and Judge Bradford again appeared as associate judge, taking the place of Judge Cavins, who had resigned. David McDonald ap- peared as prosecuting attorney at one term and John Cowgill at the other. Mr. McDonald was afterward judge of the same court, and still later judge of the dis- trict court of the United States. He is the author of Mc- Donald's Treatise. Mr. Cowgill afterward was judge of a common pleas court. George R. H. Moore was sheriff this year, and held the office four years.
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