USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 16
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JOSEPH G. MARSHALL.
JOSEPH G. MARSHALL was another of Indiana's distinguished sons. In person, he was large and fleshy, his hair red, like that of Thomas Jefferson. As a lawyer, Mr. Marshall stood among the very first in the State. His great forte as an advocate was in the power with which he handled the facts before the jury. He seemed to forget himself in his subject, and at times, I have thought him unsurpassed by any man I ever heard, in impassioned eloquence. He had a large practice of heavy cases, requiring all his forensie powers. Mr. Mar- shall was also one of the leading politicians of the State, many times a Representative and Senator from Jefferson, was the nominee of the Whig party for Governor, but was defeated by Gov. Whitcomb. He was a great speaker before the people, frequently exhausting his whole strength on the stand. Like many others he neglected the preservation of his voice, and by repeated irritation of the bronchial organs, his lungs ultimately became affected, and he closed his life ere he had reached its meridian. I was again honored with the presenta- tion to the Courts of the proceedings of the bar on the solemn occa- sion.
GEN. TILGHMAN A. HOWARD.
GEN. TILGHMAN A. IIOWARD, another of our distinguished dead, was one of the great men of the State-I have sometimes thought not fully appreciated, as he richly deserved to be. A purer man never lived in Indiana. He was a native of Tennessee, and was a student of Hugh Lawson White, who spoke to me in the highest terms of the General after he came to this State. In person the General was tall and commanding, his complexion dark, and his hair and eyes coal black. His voice was strong but not musical. As a lawyer he de- servedly stood high-among the very first. As a politician he was the leader of the Democratic party of the State, loved and honored. He left his seat in Congress, as he told me at the time, with great regret, at the command of his party, to make the race in 1840, with Gov. Bigger. The popularity of Gen. Harrison was irresistible.
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GEN. TILGHMAN A. HOWARD.
Mr. Van Buren was no where, and Gen. Howard fell with him. He afterward was sent as minister to Texas, fell a victim to a contagious disease, and closed his valuable life before the sun of his usefulness had reached mid-day. His body was brought to the Capitol on its way to its last resting-place ; I discharged the melancholy duty of drawing up and presenting to the courts, the proceedings of the bar of the Supreme Court on the affecting occasion. He sleeps in the family vault at Rockville, Parke county.
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[THURSDAY MORNING, SEPTEMBER 24, 1857. TRAVELING THE CIRCUIT IN EARLY TIMES.
THE fall term of the Circuit Courts, 1825, found Judge Eggleston and myself well mounted, once more on the Circuit. The Judge upon his pacing Indian pony, the same that I afterward rode through an electioneering Congressional campaign ; I then rode my gray "fox." We were joined at Centerville by James Rariden, mounted on " Old Gray," one of the finest animals I have ever seen. Our Court was to be held on the next Monday at Fort Wayne. We reached Winches- ter late in the evening and took lodgings at the hotel of Paul W. Way, but no newspaper heralded the arrival. How different was a circum- stance that occurred when I was in the Senate of the United States. Silas Wright, Thomas HI. Benton and James Buchanan, for recreation, ran up to Philadelphia; the next day the Pennsylvanian announced that Senators Benton and Buchanan had arrived in that city and taken lodging at the United States Hotel. A few days after the three dis- tinguished Senators were in their seats. I sat at the time in the next seat to Gov. Silas Wright; turning to the Gov., " I see by the papers that Mr. Benton and Mr. Buchanan have been in Philadelphia and taken lodgings at the United States Hotel ; how did it happen that your name was not announced, as you were with them ?" " I did not send my name to the printer." So it was with us.
After early breakfast we were once more upon our horses, with one hundred miles through the wilderness before us. There were two Indian paths that led to Fort Wayne, the one by chief Francis God- froy's on the Salamonia river, the other in a more easterly direction, crossing the Mississenawa higher up and striking the " Quaker trace " from Richmond to Fort Wayne, south of the head waters of the Wabash river. After a moment's consultation, Mr. Rariden, who was our guide, turned the head of " Old Gray" to the eastern path, and off we started, at a brisk traveling gait in high spirits. The day passed away ; it was very hot, and there was no water to he had for ourselves or horses. About one o'clock we came to the Wabash River, nearly dried up, but there was grass upon the hank for our horses, and we dismounted, took off the saddles, blankets and saddle-bags, when the question arose, should we hold the horses while they grazed, tie them to bushes, spancel them, or turn them loose? We agreed that the latter was the best for the horses and easiest for us, but I raised the question of safety, and brought up the old adage, " Safe bind safe find." Mr. Rariden .- " You could not drive Old Gray away from me." Judge Eggleston .- " My Indian pony will never leave me." I made no prom-
TRAVELING THE CIRCUIT IN EARLY TIMES. 169
ises for my " Gray Fox." The bridles were taken off, and the horses turned loose to graze. A moment after, Old Gray stuck up his head, turned to the path we had just come, and bounded off at a full gallop swarming with flies, followed by the pacing pony of the Judge, at his highest speed. Fox lingered behind, but soon became infected with the bad example of his associates, and away they all went, leaving us sitting under the shade of a tree that stood for years afterward on the bank of the Wabash. Our horses were, a week afterward, taken up at Fort Defianee, in Ohio, and brought to us at Winchester on our return. It took us but a moment to decide what to do. Ten miles would take us to Thompson's on Townsend's Prairie. Onr saddles and blankets were hung up above the reach of the wolves. Each took his saddle-bags on his back, and we started at a quick step-Rariden in the lead, Judge Eggleston in the center, and I brought up the rear. The heat was intense. None of us had been much nsed to walking. I am satisfied we must all have broken down, but most fortunately there had fallen the night before a light rain, and the water lay in the shade in the horse tracks. We were soon on our knees, with our mouths to the water .- Tell me not of your Croton, ye New Yorkers, nor of your Fairmount, ye Philadelphians, here was water " what was water." Near night we reached the prairie worn down with heat and fatigue. The thunders were roaring and the lightnings flashing from the black clonds in the west. A storm was coming up on the wings of a hurricane, and ten minutes after we arrived at Mr. Thompson's it broke upon us in all its fury, and continued raining in torrents during the night. We were in a low, one story log cabin, about twenty feet square, no floor above, with a clapboard roof. Supper, to us din- ner, was soon ready. Three articles of diet only on the plain walnut table, corn-dodgers, boiled squirrels, and sassafras tea .- Epicures at the 5 o'clock table of the Astor, St. Nicholas, Metropolitan and Revere, how do you like the bill of fare? To us it was sumptuous and thank- fully received. Supper over, we soon turned in, and such a night of sweet sleep I never had before or since. The next morning our sad- dles and blankets were bronght to us from the Wabash. The landlord provided us with ponies and we set forward at full speed, arrived at Fort Wayne that night, and took lodgings at the hotel of William N. Hood. In the morning court met, Judge Eggleston, President, and side judges, Thompson and Cushman on the bench. Fort Wayne contained about two hundred inhabitants, and the county of Allen some fifty voters. There were no cases on the docket to try of a crim- inal character. Court adjourned early, and we all went up the St. Mary river, to Chief Richardville's to see an Indian horse race.
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AN INDIAN HORSE RACE AND A WISE DECISION.
THE nags were brought to the ground, a gray pony, about twelve hands high, and a roan, rather larger, like Eclipse and Henry, to con- test the superiority of stock between the bands of Miamis and Potta- watamies. Six Indians were selected as judges-two placed at the start- ing point, two at the quarter stake, and two at the coming-out place. " Riders up-clear the track," and away they went under whip and spur. The race over, the judges meet, the spokesman, a large Miami, says " Race even, Miami grey take first quarter, Pottawatamie roan take last quarter," and all are satisfied. In the evening the grand-jury brought in a bill against Elisha B. Harris for stealing an Indian pony. Judge Eggleston .- " Any more business before you, Mr. Foreman ?" Gen. Tipton .- " None sir." " You are discharged."
CIRCUMSTANTIAL EVIDENCE.
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JUDGE EGGLESTON .- " There is but one case on the docket for trial, an appeal case, damages claimed five dollars. I feel quite tired, and will be obliged to my associates to try the case," Judge Cushman .- " Cer- tainly." The case was called. Henry Cooper for the plaintiff, and Hiram Brown for the defendant. Case submitted to the Court. The action was for damages, five dollars claimed, for killing the plaintiff's dog. The witness swore that he saw the defendant running with his rifle across his yard ; saw him lay it on the fence ; saw the smoke ; heard the crack ; saw the dog fall ; went to where the dog lay, and saw the bullet-hole just behind the fore leg. Here Cooper rested with a triumphant air, and indeed, to a common eyc, the case seemed to be beyond hope, but to the mind of the skillful advocate, capable of draw- ing the distinction between positive and circumstantial evidence, a different conclusion was come to .- Breckenridge's Miscellanies, and Phillips' Evidence, stating the danger of listening to circumstantial evidence, and enumerating many lamentable cases of convictions and executions for murder upon circumstantial evidence, when the con- viets were afterward proved to be entirely innocent, had been widely circulated and extensively read by courts and lawyers until the tend- ency of the courts was to reject circumstantial evidence. My friend Mr. Brown, an ingenious attorney, of fine talents, and, by the way, rather waggish, said : " A single question, Mr. Witness-Can you swear that you saw the bullet hit the dog !" " I can swear to no such thing." "That's all, Mr. Cooper; a case of mere circumstantial evi- dence, your Honors." Cooper's countenance fell ; defeat stared him in
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CIRCUMSTANTIAL EVIDENCE.
the face ; the case was submitted to the Court without further evidence. Judge Cushman .- " This is a plain ease of circumstantial evidence. Judgment for the defendant." Cooper, with great indignation, with his eye upon Brown :- " When I die I wish it engraved upon my tomb- stone, here lies Henry Cooper-an honest man." Brown, rising as quick as thought :- " Pope says an honest man is the noblest work of God. There have been Atheists in the world-Bolingbroke of England, Voltaire of France, and Tom Paine of America, with a host of other infidel writers who may be named: they have all done nothing against the Almighty. But let Henry Cooper be held up in the mid heavens, by an angel, for the whole race of man to look upon ; and let Gabriel, with his trumpet, announce to gazing worlds, this is God's noblest work, and all the human race would become Atheists in a day." We returned to Winchester on our borrowed ponies, took our horses that had been brought from Defiance, and reached the Wayne Circuit Court in good time.
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[FRIDAY MORNING, SEPTEMBER 25, 1857.
BALL ROOM MUSIC IN EARLY TIMES.
IN the early part of the winter of 1818, in the midst of a snow storm I arrived at Lawrenceburgh from Rising Sun, where I had lived from the time I had come to the State in 1817. The evening after my arrival, General Dill, Clerk of the Circuit Court, was to have a party at his house, and had promised fine music for the occasion. I was favored with an invitation. I started early from the hotel. Before I had got within a square of the house of the General the fife and drum were distinctly heard iu that direction. Stepping up to the door I knocked several times but got no answer. Entering the main hall I saw upon the platform of the stairs the musicians, one playing the fife, one beating on the small drum, and the other on a huge bass drum with all their might, making as much noise as if they had been at the head of the army at the battle of Germantown, the General and Captain Vance marching to the music. The General told me afterward that it was as fine music as he ever heard. I was introduced that evening to Capt. Samuel C. Vance and Gen. Harrison. Gen. Dill and Gen. Harrison were warm friends. They had both acted as aids to General Anthony Wayne in the Indian Wars in Pennsylvania.
DISTINGUISHED PIONEERS.
CAPT. VANCE held his first commission in the Army from General Washington, was in many hard fought battles, the "bravest of the brave," was present in the midst of St. Clair's defeat, fought with Gen. Anthony Wayne in his campaigns against the Indians, and afterward commanded Fort Washington. The war over, Captain Vance returned to civil life, married Miss Lawrence, a grand-daughter of General St. Clair, became proprietor of Lawrenceburgh and named the town for his wife. The person of Capt. Vance was tall and com- manding, his face large, his nose of the Roman cast, his eye light, his hair sandy, with a cue hanging down his back, his forehead high and slightly retreating : his nature was frank, noble, magnanimous and generous. He was the father of Lawrence M. Vance, of Indianapolis. Capt. Vance died years since, honored and respected by all who knew him.
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GENERAL JAMES DILL was my preceptor. He was frank and open in his intercourse with others, about the common hight, wore a long cue, dressed with taste, features good, eyelids heavy, hair thrown
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baek in front. The General married a daughter of Gen. St. Clair, was many years Secretary of the Senate, and Clerk of the Dearhorn Cireuit Court. The General has long since left us.
Of General Harrison I will speak in his proper connection.
About the same time I became acquainted with Judge Isaac Dunn, of Lawrenceburgh, a native of New Jersey, one of the prominent men of the State. The Judge was Speaker of the House of Repre- sentatives, and many years Associate Judge of the Dearborn Circuit Court. He married a sister of John H. Piatt, of Cincinnati. Judge Dunn was one of the most energetie men the State ever had in it, good common sense, elear intellect and sound judgment, with a pure moral and religious character. He still enjoys a green old age.
JUDGE JOHN WATTS, another of the pioneers of Indiana, I must number with my early friends. Judge Watts was a Baptist preacher. Ilis person was large and fleshy. He was the predecessor of Judge Eggleston on the circuit bench ; was plain in his dress and manners, of a strong, clear mind, hospitable and liberal, friendly to all, and always courteous to the bar. lle was the father of Col. Johnson Watts, of Dearborn, and Judge John S. Watts, of New Mexico. Judge Watts has years since gone to his reward, beloved by all who knew him.
MORRIS MORRIS, of Indianapolis, was one of the prominent early emigrants from Kentucky, that settled in the woods where the Capital now stands. The first time the court was held at Indianapolis, I beeame acquainted with Mr. Morris, then residing in a small eabin on Pogue's Run. In person Mr. Morris was tall, over six feet high, fine form, dark complexion, good eye, fine features. Mr. Morris was many years Auditor of State, and discharged the duties with great fidelity. He was an ardent Methodist, and his door was ever hospita- bly open to the itinerant ministers who called upon him. Mr. Morris is the father of Austin W. Morris, Col. Thomas A. Morris, and John Morris, of Indianapolis. He still lives. I saw him yesterday, vener- able and aged, trembling, as it were, on the brink of the grave.
Let me not forget my early friend, Colonel THOMAS HI. BLAKE, whose residence in Indiana dated back to the territory. Col. Blake came to Indiana from Washington City, where his father was at one time mayor. The Col. held the offices of Judge of the Circuit Court, Representative in Congress, colleague of mine, Commissioner of the General Land Office, in all of which he most faithfully discharged his duty. The person of Col. Blake was fine, very fine, of the first class mold ; six feet high, straight as an arrow, head erect, grace in every movement, intelligence beaming from his countenance, a smile on
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EARLY INDIANA TRIALS.
his face, and a warm grasp of the hand. In the whole range of my personal acquaintances I never knew a more perfect gentleman, nor a man of a higher sense of honor. The Col. died comparatively a young man.
JONATHAN JOHN, of Connersville, can not be forgotten. He was one of my early cherished friends. A word to his memory. Mr. Jolin was an early settler, a noble Kentuckian, honest, frank, kind, sincere, a good farmer, his house a welcome home to all who sought it. He was the intimate friend of John Conner, the proprietor of the town. Mr. John died years ago; for his kindness to me, I sketch this short tribute to his memory.
JOHN CONNER, the proprietor of Connersville, was one of Nature's strong men. Taken by the Shawnee Indians when a mere youth, he was raised and educated in Indian life, language, and manners. When dressed in their costume, and painted, it was difficult to dis- tinguish him from a real savage. On one occasion, as he told me, he came to Andersontown, then the lodge of a large band of Indians, under Chief Anderson. Ile was dressed and painted as a Shawnee, and pretended to be a Representative of Tecumseh. As is usual with the Indians, he took his seat on a log barely in sight of the Indian encampment, quietly smoked his pipe, waiting the action of Anderson and his under chiefs. After an hour he saw approaching the old chief himself, in full dress, smoking his pipe. I give his language. " As the old chief walked up to me I rose from my seat, looked him in the eyes, we exchanged pipes, and walked down to the lodge smoking, without a word. I was pointed to a bear skin-took my seat, with my hack to the chiefs. A few minutes after, I noticed an Indian by the name of Gillaway, who kuew me well, eyeing me closely. I tried to evade his glance, when he bawled out in the Indian language, at the top of his voice, interpreted, . You great Shawnee Indian, you John Conner.' The next moment the camp was in a perfect roar of laughter. Chief Anderson ran up to me, throwing off his dignity. ' You great Representative of Tecumseh,' and burst out in a loud laugh." Mr. Conner was an active, prominent, honest man, repre- sented his county in the Senate, and gave the casting vote in favor of the ballot system of voting. He was father of William W. Conner, of Hamilton county. He long since departed this life.
Ifis brother WILLIAM CONNER was taken and educated by the Indians at the same time-was intimately acquainted with the great Shawnee chief, Tecumseh. He spoke the language of many of the tribes, acted as interpreter at several treaties, was with General Harri- son at Fort Meigs, marched up the Maumee with the army, was in
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the battle of the Thames, and was the first man that recognized the dead Tecumseh on the battle-field, after the action. I have often heard him tell the story of the battle. To the question, " who killed Tecumseh ?" his answer invariably was, " General Harrison and Col. Johnson, the commanders ; no one ever knew who fired the gun that killed him." This, I have no doubt, was the truth. Col. Johnson, in my presence, always avoided the question, and I have yet to learn from any reliable source that he ever said he shot the Shawnee chief, in person. William Conner, like his brother John, was a man of great good sense, of indomitable energy in early life. Ile was many years a Representative in the Legislature from Hamilton, of strict integrity and high honor. Ile was the father of Richard J. Conner, and Alexander II. Conner, of Indianapolis. Mr. Conner died a few years since at an advanced age, highly respected by his numerous acquaintances.
JUDGE WILLIAM HELM, of Fayette, was another of the first settlers of the Whitewater Valley. I class him among my most valued early friends. The Judge was a Kentuckian, deeply imbued with the hospitality of his countrymen. He was a strong and a good man. The Judge was many years on the eireuit bench of his county ; his judgment was sound, and his integrity above question. He was the father of Meredith Helm, of Fayette, Dr. Jefferson Helm, of Rush, and Robert D. Helm, of Wabash. The Judge long sinee departed this life.
With these brief charcoal sketches of individuals, I must ask the reader to excuse me from noticing others. My space will not permit me to extend them, as I design hereafter to sketch seenes and persons of more general interest.
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EARLY INDIANA TRIALS.
[SATURDAY MORNING, SEPTEMBER 26, 1857. , "ACCIDENTS BY FLOOD AND FIELD."
IN the winter of 1824-5, after the conviction of Hudson, the Leg- islature attached the county of Madison to the Third Judicial Circuit, making it the duty of Judge Eggleston to preside, and of myself to prosecute the other prisoners - Sawyer, Bridge, Sen., and Bridge, Jr., at Fall Creek. I was notified that Gen. James Noble and Phillips Sweetzer would assist me in the trials. Col. John Johnston, the Indian Agent was to be there, with funds to pay the witnesses and counsel for the State, as he had done upon the former trial with Gen. Noble and Mr. Sweetzer. The Court was to meet the next Monday. On Thursday morning, I mouuted young " Grey Fox." The only traveled route between Connersville and the falls of Fall Creek was then by Indianapolis, a small village in the woods. I arrived at the Capital on Saturday night, and early next morning started alone on the path that led up Fall Creek, on the east side. The main track lay on the west side ; but the water was high and muddy, and I thought it safest to go up on the east side without crossing. There were no bridges over any of the streams in that day.
The day was dark and drizzling. My path ended some ten miles above Indianapolis, in a thicket. I could get no further in that direc- tion. Turning the head of Fox, west, the creek with its muddy waters and rapid currents overflowing the opposite bottoms was soon in sight. I had twenty miles to ride, and no time to be lost. Giving Fox the rein he approached the bank, and without a moment's hesita- tion, with a quick step, plunged in, and swam beautifully across the main channel; but the moment he struck the overflowed bottom on the opposite side --- the water about four feet deep - he began to sink and plunge. The girth broke. I seized the stirrup leather, to which my saddle-bags were fastened, with one hand, the long mane of Fox with the other, disengaged my feet in a moment, and was gallantly dragged through the mud and water to the dry land. My hat was gone, but it was too early in the season for mosquitoes, and it made little difference, hat or no hat, so that I got to court. I had no mir- ror with me, or I might have been reminded of the description of Ovid, as the waters resettled and the earth arose from the flood :
" Nature beheld herself and stood aghast - A silent desert and a dismal waste." .
All matters were soon adjusted. Fox bounded on as light as a rein- deer, and before dark I was in lively conversation with the other law- yers, before the large log fire at the hotel of Mr. Long.
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TRIAL OF SAWYER.
TRIAL OF SAWYER.
MONDAY morning came. Court met. Judge Eggleston, in fine health, on the bench in the center ; Adam Winehel on his left and Samuel Holliday on his right. Moses Cox at the clerk's desk ; Sam- uel Cory on the sheriff's platform ; and Col. 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 witnesses 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, Col. John Johnston, the Indian Agent, called at my room and offered me 100 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 shooting one of the squaws. The prisoner was brought into court by the sheriff. Ile appeared so haggard and changed by his long con- finement, that I scarcely knew him. The court-room was crowded. Gen. James Noble, Phillips Sweetzer and myself for the State; James Rariden, Lot Bloomfield, William R. Morris and Charles H. Test for the prisoner. Judge Eggleston .- "Sheriff, call the petit-jury." Judge Winchel. - "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 Winchel, "This will never do. What, the Court pack a jury to try a capital case?" The jury was soon impanneled. The evidence was conclusive that the prisoner had shot one of the squaws at the camp with his rifle, after the killing of Ludlow and Mingo by Harper and IIndson 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 moc- casins. 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. Gen. Noble closed for the prosecution, with a powerful speech. The General was one of the strongest and most effective speakers before a jury, or a promiseuous assembly, I have ever heard. The case went to the jury un- der an able charge from Judge Egglestou and Court adjourned for dinner.
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