USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 24
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" I shall be satisfied with any arrangement that does not banish me from my own State. My residence in the vicinity of this place at my son- in-law's, is temporary. I have no intention of abandoning my citizen- ship in Ohio. Very truly yours,
Hon. O. H. SMITH.
JOHN McLEAN."
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LETTER FROM JUDGE STORY. " WASHINGTON, March 5, 1838. " DEAR SIR :
" I return you my thanks for your kindness in sending me a copy of your late speech in the Senate upon a topic of national interest. and which you have treated with the ability and comprehensiveness belonging to its merits. I should have done so before, but my engage- ments in the business of the court allow me but little leisure, while I am here to read any thing but law ; I am usually compelled to postpone the perusal of other things until my return home. Mr. T. A. Howard addressed to me a letter which you were so good as to transmit to me this morning. May I ask the favor that you would transmit my reply, as it concerns matters interesting to him. I have the honor to remain with the highest respect, Yours, JOSEPH STORY."
The Hon. OLIVER H. SMITH.
LETTER FROM GENERAL CASS.
" DETROIT, May 24, 1847. " DEAR SIR:
"Since I wrote you a few days since, respecting the purchase of goods for the Indians, circumstances with the details of which I need 17
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not trouble you, but arising out of imputations, with which I may be assailed, if I interfere with the direction of these purchases, as I am informed by letter received yesterday from Indiana, have indueed me to transfer the whole matter to Gen. Tipton. I have been authorized by the war department to turn the money over to him, and to refer the subject to his discretion. He is upon the spot, and is able to manage as well, and in fact better without my interference than with it. I have endeavored to apportion the amount to be purchased among the various applicants, and had so informed Gen. Tipton. But this is now annulled, for I can not consent to subjeet myself to imputations where I am too little known to derive any protection from my life and character, and whence I am too far removed to meet and repel them. I therefore wash my hands of the whole transaction. Gen. Tipton will no doubt manage it zealously and faithfully. After asking your advice upon this subject I con- sidered this explanation due to you.
" With much esteem I am sir, your ob't. serv't.
LEWIS CASS."
Hon. O. H. SMITH.
LETTER FROM HENRY CLAY.
"ASHLAND, 10th July, 1842. "MY DEAR SIR:
"I thank you for your kind letter which affords evidence of your friendly recollection. I am delighted to hear of the fine spirit which prevails among the Whigs in Congress, notwithstanding the perfidy of the President. I am also gratified to learn that they will pass a good permanent Tariff. I sincerely hope, in the new aspect which the question has assumed, that is whether laws shall emanate from Con- gress, or from Mr. Tyler-our Georgia friends will rally around the independence of the Legislature. I think that if this permanent tariff also shall receive the veto, the next step which I understand is in contemplation, that of passing a tariff, limited to 20 per cent. with a provision for a good home valuation is wise and judicious. I think Congress ought not to adjourn until it passes a tariff, or demon- strates to the country that it ean not pass one without a surrender of its constitutional independence. You will be threatened with a veto. But disregarding all such threats, I would vote for that measure which according to my own sense of duty, I thought right, whatever may be the opinion of Mr. Tyler : that is the only course hy which you can secure your own approbation, and the support of the country.
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COPIES OF LETTERS.
Present my best respects to your colleague, and to your neighbor Mr. Huntington, of Connecticut. I am truly
H. CLAY."
The Hon. O. HI. SMITH.
LETTER FROM A. C. DODGE.
" BURLINGTON, Iowa Territory, May 26, 1841. " MY DEAR SIR:
" I am charged by many enemies, with not having stood up for the rights of Iowa, while acting as her delegate last winter, in regard to the disputed boundary between our Territory and the State of Missouri, and some of them have even gone so far as to contend, that I am unqualified for delegate because of the relationship which exist between Senator Linn, of Missouri, and myself. It has also been charged in one of the newspapers opposed to me, that I should have, but did not, protest against the passage by the Senate of the bill sub- mitted by the Legislature of Missouri; though her Senators and Representatives entitled a bill for the final and peaceable settle- ment of the boundary difficulty between said State and the Territory of Iowa, and further, that I did not exert myself to have its provisions made more favorable to Iowa than they were as drawn by the Legis- lature of Missouri, or in a few words, that I was wholly derelict in my duty and allowed Dr. Linn to say and do what he pleased uncon- troverted by me. This you know to be untrue and unjust to me, and I do therefore most earnestly request that you will please favor me with a letter giving a candid statement of my course, in reference to the subject above mentioned, so far as it came under your observation. This I feel the more emboldened to ask of you because of your uniform, kind and gentlemanly treatment during our brief aequaint- anee ; you having been a member of the committee of the judiciary of the Senate. And for your kindness and friendship toward my Territory I shall feel the utmost gratitude. You are enabled to speak knowingly on the subject of my conduct, as it came under your observation ; and your observations and declarations will have no little weight with the people of Iowa, many of whom know you personally, and I may say that all do by character, and that they would repose the utmost confidence in any thing coming from you. All that I ask is justiee. Please let me hear from you soon.
" I am sir, with high considerations of respect and esteem, your ob't. serv't.
Hon. OLIVER II. SMITH.
A. C. DODGE."
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The answer to the above letter placed the distinguished gentlemen referred to, upon grounds of honorable independence of each other in the matter referred to, no two Representatives of these different interests could have aeted more firmly and independently than they did. Dr. Linn has long sinee deceased, and General Dodge is at this time the representative of this government near the Court of Spain.
LETTER FROM HENRY CLAY. "ASHLAND, 11th Nov., 1842. "MY DEAR SIR:
" I have this moment received your friendly letter. Your sugges- tions as to the cause of our defeat at recent eleetions are I think weighty and just. There is good reason to believe that when there is a single and direct contest between two candidates and only two, a different result will happen; we shall then be aided too by all intervening measures of our opponents, in States where they have acquired the Legislative aseendeney.
" I am truly concerned that any doubt should remain of your elec- tion. When I left you, I had other hopes and impressions, and shall trust that your apprehensions may not be realized ; although I agree with you that at present, a private station is the post of honor and profit.
" I expect to go in eight or ten days to Louisiana, where I expect to remain the greater part of the winter, and where I shall be glad to hear from you at Washington. In the meantime, I remain, " Truly your friend, H. CLAY."
The Hon. O. HI. SMITH.
The result of the senatorial election referred to by Mr. Clay shewed the correctness of my anticipations. I was defeated by Mr. Hannegan succeeding over General Howard and myself; that election will be found in a separate sketeh.
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ISAAC HELLER.
TRIAL OF ISAAC HELLER.
THE trial of the State of Indiana against Isaac Heller for the mur- der of his wife and three small children, eame on at the spring term, 1836, of the Union Circuit Court, Samuel Bigger president judge, Swan and Ogden associate judges. William J. Brown, circuit prosecu- ing attorney, assisted by James Perry, for the State. Martin M. Ray and Samuel W. Parker appeared, by appointment of the Court, for the prisoner. The jury was obtained with much difficulty. The ease was brought on for trial at the first term after the killing took place, of which the counsel for the prisoner loudly complained, on the ground that the public excitement had not time to subside, and beside suffi- cient time had not been given to counsel to prepare for such a defense. The facts were incontrovertible ; there was a single ground of defense only that could be set up, that of Insanity. The case was prosecuted with great ability, aud defended with all the power of the able coun- sel for the prisoner. Mr. Parker at that day was young, ardent, zeal- ous and eloquent; for over two hours he addressed the jury, in the most impassioned, pathetie eloquence, showing the impossibility of the mind of the prisoner being sane, when he killed his own beloved wife and dear children. The prosecuting attorney, Mr. Brown, had the closing speech ; the bloody clothes of the wife and children lay on the table before the jury, the last appeal to the jury was conclusive. The Court charged the law ably and clearly, but the die was cast, the fate of Ileller was sealed. A verdict of guilty of murder in the first degree followed ; motion for a new trial overruled ; judgment on the verdict, and Isaac IIeller was publicly executed at Liberty, on the 29th day of April, 1836.
As this is a case of importance to the courts and bar, I give the faets as received from Mr. Parker, one of the counsel engaged on the trial ; I was not present myself. I do this the more willingly, as the facts now stated will revise and correct the brief statement I made, when presenting this case in my published sketches in the Indianapolis Daily Journal.
" On Saturday, the 27th of February, 1836, the village of Liberty, Union County, was shocked with the intelligence that Isaae Heller, a man living about a mile and a half east of the place, had killed his whole family, wife and three small children ; after completing their destruction, he had fled from the house. The neighbors soon learned the fatal occurrence, set off in pursuit, and overtook him about eight miles from his house ; apprehended him, he making no resistance, and without the least hesitation acknowledging his guilt.
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" Heller had been tried once before, in the State of Pennsylvania, for murder, and had been acquitted on the ground of insanity. He was then an unmarried man; jumped from his bed in the night time, alarmed the family where he lived, screaming ' the kingdom of heaven is at hand.' The fated girl had concealed herself under the bed ; he searched, found her, went up stairs, took his pocket-knife from his pocket, returned, pulled the little girl from her hiding-place, and severed her head from her body with the knife. Telling the facts of this case to one of his neighbors shortly before the last killing, he said, ' I have long had it in my mind to kill my family, but have not as yet quite made up my mind to do it. If I should, I think it very likely I should come right off and kill you and your family.'
" After he was acquitted in Pennsylvania of the first killing, on the plea of insanity, he came to Indiana, married, had three children, was much attached to his family. For some years he appeared entirely saue; joining the church of the United Brethren, he took part in their meetings, made repeated efforts to preach, neglected his business, was soon without property, and neglected to provide for his family. During the last two years he frequently aeted like a wild man-was twice taken into the care of the overseers of the poor, and pronounced on these occasions insane by the physicians. During the last six months, he almost entirely quit labor, exeept chopping a little wood for his own fire. Would sit day and night in his cabin with his head down, apparently in a deep study, picking his finger nails, and occa- sionally the flesh of his hands, until the blood came. He frequently expressed to his wife and some neighbors, great horror of the poor house, stating he would rather die than be separated from his family. On the morning of the killing, a neighbor called to see him, and found things looking much more cheerful than usual. Heller seemed much more free to talk, and did talk considerable about his feeling better than he had for some time, and about renting some land, and going to work on it. A sister of Mrs. Heller, about nine years old, was living in the family. After the neighbor left, a man passed along the road ; Heller watched carefully until he got out of sight. Mrs. Heller was sitting by the fire with a sun-bonnet on, nursing her infant, ahout a month old. Heller took his ax from under the bed, went to the fire-place, rubbing his fingers over the edge; his wife asked him what he was going to do. He replied, he was going to chop wood. The wife then told the children to get some apples out from under the bed; the little ones erawled under the bed; the little sister-in-law stood near, looking at Heller. She saw him raise the ax and strike his wife a full blow about the chin and neck. Seeing this,
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she sprang to the door, opened it, and fled to the next neighbor's, crying murder as she ran. After she had got some two hundred yards, she saw Heller coming round the corner of the house looking for her.
" Heller told how he went back to the house ; his little son was coming to him; he split him down with the ax, and chopped his head off; dragged his little daughter from under the bed, placed his foot upon her breast, and as she raised her hands for protection, at one blow severed the fingers from one hand, and nearly took off her head. Hc then rolled the mother off her infant, ent its head off, and fled. There was snow on the ground ; his bloody tracks were easily traced for some distance --- his steps showed that he had fled in a run. After going about one hundred and fifty yards, he fell down, got up, and continued his rapid flight some quarter of a mile ; having reached the highway, he kept it some three quarters of a mile, then took a lane a short distance, then took through a strip of woods, again entering the highway ; and was arrested near the Ohio State line. Made no resistance ; returned without objection, confessed the whole matter, expressed no regrets, assigned no cause for the bloody deed, nor did he ever assign any particularly. He then talked, and continued to talk, about the mat- ter, without the least hesitancy or compunction. A number of clergy- men attended him on the scaffold. The Rev. Mr. Beswick prayed, and the Rev. Mr. Ball preached an impressive sermon. Heller then addressed the crowd for the space of twenty-five minutes ; his voice was loud and clear, and his manner bore every indication of compo- sure. He gave a short history of his life, condemned the crime for which he was about to suffer, as one of the most aggravated, and hor- rible that human nature could perpetrate. Spoke in the highest terms of his wife and family, and warned the crowd in the most impressive manner to avoid even the first inducement to crime, and not to suffer themselves, as he had been, to be drawn from the path of virtue to the scaffold, by listening to the suggestions of the Evil One. He expressed a hope that he had received pardon from his God for the crimes he had committed, although his crime was as great as it was unnatural."
The editor of the " Star and Banner " of Liberty, in giving the above statement of the scene at the execution, adds, "Perhaps the deed for which he has suffered stands unparalleled in the annals of crime, yet he has now attoned for his offense. Justice is satisfied ; and will not his fellow-beings be also ? Let the grave close over him, but let not his fate, and the solemn warning he gave on the scaffold, be forgotten."
My friend, Mr. Samuel W. Parker, in giving me the facts of this case, very justly says, " More than twenty-one years have passed since this
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trial ; the plea of insanity is now better understood and appreciated than it was then. The worse feature in the case, it has always struck me, was the short time from the killing to the trial, and then to the execution ; but the prisoner was without money or friends, his crime chilled the heart's blood of all around him, and the cry of crucify him, was relentless, though the Court, jury and counsel were cool, calm, and patient throughout the trial. But, I confess, I never felt right about the matter. I was then quite young in my profession, had not a moment for preparation, but I never made a two hours argument to a jury in my life, with more zeal, and more to my own satisfaction, than on that occasion. And so I labored again with the Court on the next morning for a new trial. My struggle, and that of Mr. Ray, the senior counsel, throughout, was to establish the plea of insanity of the prisoner."
No person at this day can look over this case, without at once con- curring with the able counsel for Heller, that he was not an accounta- able being under the laws of the country, that he should have been acquitted on the ground of insanity. The Court should have set aside the verdict, granted a new trial, and continued the cause until the next term, to give time to the people to quiet their feelings, and come up to the trial under the majesty of the law, rather than that of retal- iatory justice. I knew the judge well; he intended to do right, but he was young on the beuch, the jury had convicted Heller of murder in the first degree, and he did not feel that he ought to set aside the verdict, merely because he differed from the jury. He was wrong, and Heller suffered death ou the scaffold for an act committed in a state of insanity !
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COL. WILLIAM C. PRESTON.
COL. WILLIAM C. PRESTON.
AMONG the distinguished Senators who composed the body while I was a member, it affords me pleasure to introduce to the reader, Col. William C. Preston of South Carolina ; the colleague of John C. Cal- houn. Iu person he was tall and commanding, over six feet, face of a fine mold, hair sandy, flowing gracefully over his broad high forehead, eyes gray, and rather sunken, walk majestic, though stooping slightly. Col. Preston stood among the finest speakers of the Senate, a little inelined I thought to deelamation. Still, with the galleries and those who are charmed with the highest elass of declamation, he stood first among the first of that distinguished body. The Colonel received a classical education, was a matured and finished scholar, and always spoke in high terms of his Alma Mater. He was president of the South Carolina College, many years.
I had become very iutimate with the Colonel. He abounded iu aneedotes and fine stories. We were frequently together in the passage back of the president's ehair. On one occasion, Mr. Clay, Mr. Web- ster and Col. Preston were seated in conversation, when I joined them. The subject was " true eloquence." I heard each of those distinguished Senators define it, as he understood the term. Col. Preston, turning to me-" Mr. Smith, what is true eloquence ?" " I am not able to define it satisfactorily to myself, but if you will pardon me, I will tell you what the world thinks it is not, by referring to your speech the other day, on the bill for the relief of the heirs of Hall." Mr. Clay. -" let us hear it." "You know Col. Preston, as chairman of the committee of military affairs, made an eloquent speech last week, in support of a bill granting relief to the heirs of Hall, for the use of his improved rifle, by the United States.
" While he was speaking, the agent of the heirs was sitting in the gallery, listening to the speech. The vote was taken, and the bill received just six votes ; I voted against the bill. The Senate adjourned. I had dined, when the agent called at my room, and earnestly requested me to move a reconsideration. I told him it would do no good, as the bill could not pass; he looked imploringly at me. ' All I ask is, that you will move to reconsider, and just tell the Senate what the merits of the bill are.' 'Did you not hear the eloquent speech of Col. Pres- ton ?' ' Yes, I heard it; but the truth is, Col. Preston is so eloquent that the Senate can not understand him.'" With a hearty laugh we separated. The Colonel often asked me afterward, with a smile, when he elosed his brilliant speeches, if I thought his eloquence beyond the comprehension of the Senate.
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I deem it proper to give to the reader of these sketches, brief extracts from speeches of these distinguished men, showing the character of their minds, and their style in debate. Their politics are another matter.
EXTRACT FROM A SPEECH OF COL. PRESTON.
" Mr. Preston said, that in the course of the discussion on the loan bill, he did not think that the facts which occasioned its introduction, and made its passage necessary, were sufficiently borne in mind. They were of a very important and imperions character, and could not he put with too much emphasis. The Government is out of money, and out of credit-it is in a bankrupt condition. Its paper has been pro- tested, and its indorsers held responsible for ruinous liabilities. Treas- ury notes are at a discount of five per cent, and the creditors of the Government are thus paid in a depreciated paper, a less amount than they have earned, and we have stipulated to pay. It is at once tyranny and fraud-a violation of contract by the force of power. We should understand our position, and not mince words in stating it.
" The Government stands discredited and dishonored. The person and the property of an individual, under such circumstances, would be seized by the minions of the law. This disgrace has penetrated, and is felt throughout all the ramifications of the Government, and taints every agent of it, even in foreign countries; for drafts of our functionaries ahroad have gone back protested, proclaiming to the world our shameful condition. This is a serious injury to our country. We all-every one of us-are soiled by it ; and feel our citizenship with a less proud and lofty sentiment of patriotism. The pride of country is a main pillar of republics. National honor is a very substantial thing, and ought to be cherished and preserved not less scrupulously in discharging the homely duties of good faith and honesty, than in the presence of foreign nations, or on the battle-field. From some eause or other we have permitted it to be touched, and we should has- ten, with eager solicitude to redeem it. I could have hoped sir, that in this acknowledged condition of things, under a pressure of disas- trous emergency, we should have addressed ourselves with one consent, to the application of the remedy, without wasting time in ascertaining the cause, or denouncing the authors of the evil in bitter and unavail- ing reeriminations, when it is manifest that, whosesoever the blame, it is a common calamity of our common country, which should be redeemed by a united and vigorous effort of all who love that country or value its honor.
" The case is hardly less pressing, than if our flag was borne down in the tide of battle, and we paused in the reseue, to settle some personal
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COL. WILLIAM C. PRESTON.
differences. I am sorry to see this, like every other occasion seized upon to indulge in partisan assaults and common strifes ; and that the gentlemen of the opposition should think proper to assail us, and throw themselves upon us, and ineumber us with difficulties, and call off our attention, by taunts and revilings, at the instant we are advancing with all possible speed to so saered an object. I will pause a moment, and but a moment to dispose of these assailants, so much more intent on attacking us than relieving the country. They say that all this is our doing ; that our prodigality has created the debt; that our want of forecast has failed to provide for it; and that it is we who have destroyed the public credit. If it were so-if our folly or our crime has brought on this state of things-can the Senators of the opposi- tion find, in reason, humanity, or patriotism an exeuse for their leth- argy, or rather active hindrance of our exertions ?
" But what shall be said or thought of their conduct, when it is known as everybody does know, that the country is brought to this pass, by their own mismanagement, by years and years of misgovernment, prodigality and recklessness, and that we, the Whigs, have been but this moment sent, by an indignant and suffering people, to relieve the body politic from the ruinous course of their empiricism ? Both the Senator from Pennsylvania (Mr. Buchanan), and the Senator from New Hampshire (Mr. Woodbury), charge upon us the mighty evils which oppress the people, and that we, in thirteen months, and not yet at the end of the first Constitutional Congress, have done all this. Sir, this vigorous and young republie could not be thus strnek down at one blow; these gray hairs are not of one night's growth; this decrepitude, is not of paralysis, but of long and wasting disease, aggra- vated by unskillful treatment and deleterious drugs, requiring time as well as potent remedies to effect a cure. Where is that country which the mistaken confidence of the people intrusted to them five years ago ? Where that overflowing Treasury, that cornucopia of commerce; that abounding agriculture ? Did you give them back to us as you received them, or in their stead chaff and husks ?
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