USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 6
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I now have six months before me, before the other Fall Creek trials came on, and with the consent of the reader, I will sketch some intermediate scenes.
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A " REGULATOR " CASE.
[FRIDAY MORNING, JULY 24, 1857.
A "REGULATOR" CASE, ENDING BADLY FOR EVERY BODY.
EARLY in the summer of 1819, when the jurisdietion of the Fayette Circuit Court extended over the whole White river country, some seventy-five miles west, including what are now the counties of Rush, Shelby, Johnson, Morgan, Marion and Hamilton,-Christopher Ladd and William Eagan, while paddling their canoe above the bluffs on White river, observed large collections of buzzards, or vultures, on a sand-bar and the surrounding trees. Ladd had shot at a deer in the woods the day before, and supposed it might have made for the river and died. The canoe was directed to the sand-bar, where the buzzards were, and there, entirely exposed, lay the skeleton of a man, nearly stripped of flesh. Notice was given, and the whole neighborhood were soon there, among others, a company of Regulators, by the names of Statts, Awfield, Doneghy, Laughlin and Deweese. It was on the Sabbatlı. A deep grave in a little adjacent island was dug and the skeleton of the stranger was buried; Ladd and Eagan standing at the grave till the last. The Regulators retired in a body to the shade of some cotton-wood trees; after a few minutes earnest conversation, which Ladd observed with some misgivings, returned to the grave and openly charged Ladd with being the murderer. Ladd was taken into their custody and his gun taken from him. Every man carried his gun in those days, even to church. The Regulators with their prisoner soon arrived at the cabin of Jacob Whitsell, the father of Cyrus Whitsell, who gave me the facts of this sketch. Just below the bluffs a consult- ation was had, and the question arose as to what they should do with Ladd. The Regulators held their own courts, Judge Lynch presiding, in that day .- Some were for hanging him, others for tying him up and lynehing him. So stood the case, when father Jacob Whitsell, who was a man of influence with them, though he was not one of them, stepped in and told them that there was no evidence whatever against Ladd, that if he had been the murderer he would have either buried the body, or thrown it into the river, and the Regulators would never have heard of it; besides, Ladd was a man of good character and advised them to discharge him. The vote was taken, and Ladd was discharged and set at liberty by the casting vote of the captain .- But the end was not yet. Ladd immediately went to Brookville and employed Caswell and Drew to bring an action in the Fayette Circuit Court against the Regulators for false imprisonment. The suit was brought. I was present at the trial in 1820. Gen. James Noble and William W. Wick appeared for the defendants. There was a crowd
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of witnesses in the court. The facts were clearly proved. I recollect distinctly the arguments of the counsel. It was an early case in my professional life, and my school of practice has always been in closely observing trials, too much neglected by law students. The case was opened in a brief speech by Mr. Drew for plaintiff, Mr. Wick fol- lowed for the defendants. His effort was to discredit the plaintiff's witnesses and especially Hugh Ensley, one of the very worst looking men that could be found in all the " New Purchase." Ensly had sworn to some miraculous facts against the defendants. Wick took up his evidence and in a loud voice, "Who do you learn these facts from, gentlemen of the jury ? I answer, old Hugh Ensley, a man whose countenance in any other country would hang him." Ensley was standing just behind the railing near Wick. He jumped several feet from the floor and bawled out, " Let me at him and I'll fix his countenance." The Court .- " Sheriff, take Ensley out of the court- house." The counsel closed their arguments, and Judge Eggleston gave an able charge to the jury .- Verdict, $94, damages, costs, $1,500. Defendants all broken up upon execution, Ladd ruined in paying his lawyers' fees.
JEMMY JOHNSON.
THE case of Dr. Byles against Jemmy Johnson may interest the the reader. The Doctor was a rather testy Scotchman, a graduate of the Edinburgh Medical University, and a pious Covenanter. He was thought, in the neighborhood, to be a good physician, and something of a surgeon, though in one case it was said he mistook the " os ischium" for the "os coccygis," the " ulna " for the " radius," and the " dura" for the "pia mater." The worst story that spread through the neigh- borhood against Dr. Byles, however, was that he never permitted him- self to be without a patient. If his last patient was likely to get well before he could get another, a small dose of ipecac, night and morn- ing, or a portion of calomel and jalap occasionally, would keep the patient on hand a few weeks or months longer. These were all slan- ders, of course; but still many believed them, and no one more strongly than Jemmy Johnson, the defendant, who was a large, pursy Irishman of some two hundred and fifty pounds avoirdupois, with a remarkable rotundity. Like many of his countrymen, he carried upon his shoulders a good mathematical head, which enabled him at a single glance to measure solids into cubes, liquids into gallons, quarts, gills, drams and drops. Jemmy was a good Catholic and an honest man. It happened one day that Jemmy was driving the oxen and wagon of a farmer with whom he lived, past the residence of Dr. Byles,
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JEMMY JOHNSON.
and when some miles below, seated on the top of a load of hay, fell asleep and rolled off upon the ground. He was taken up for dead, conveyed to a neighboring cabin, and Dr. Byles sent for to attend him. The suit in question was brought by Dr. Byles for his medical bill against Jemmy. The account ran-" To surgical and medical attend- ance, $50,00." The case being called for trial before the associate judges, Dr. Byles had to rely upon the evidence of Jemmy to prove the account. "Swear Jemmy Johnson." Jemmy is sworn. "State all you know about this case." " I will do that in short order. I fell from the load of hay and was kilt." "You didn't die ?" "How could I be here if I had died ?" " Go on." "As I said I was kilt, and they carried me to John Brown's, and bronght Dr. Byles to see me. Now thinks I, for a year's sickness. Dr. Byles came up to me bed: says he, 'Jemmy, you were most kilt, was you afraid to meet your Savior.' 'Not a bit of it,' says I ' it was that other fellow I was afraid of.' The Doctor then emptied upon the table his medicine bags. ' There,' says he, ' is half a pound of salts in that paper, that is a box of pills, that is a paper of powders, that vial is filled with drops. 'Now Jemmy,' says he, ' mark well my prescription, and you may yet live. You will take a pill each day, a powder every other day in the morn- ing, a drop every night, and a spoonful of salts at dinner once a week, until you have taken all I have left, when I will furnish you again. I will visit you every day till all the medicine is taken.' The Doctor left, and I made my calculation, and found that it would take three whole years to follow the prescription till I had taken all the medicine, and allowing him fifty cents a visit, his attendance would come to $547.50, to say nothing of my lost time and suffering all the while. So I called the ould woman, and told her to bring me a bowl and some molasses, and to put all the salts in another bowl : I poured the drops, powders and pills, into the molasses, and then turned in the salts, mixed it all together, and drank the whole of it without taking my breath at all, at all. The next day Dr. Byles came again, and says he, 'Jemmy, have you taken the pills ?' I told exactly what I had done. Says he, 'I wonder it had not killed you.' 'Kilt me, says I-I was well and at work in two days after : and how could it kill me ? it only worked one operation ; I could swallow your whole apothecary shop, Dr., if you would bring it down here.'" No other testimony. The case submitted on the evidence of the defendant. Manwaring, Associ- atc .- " There is no evidence that the medicine was worth any thing. The proof is that it was of no account or it would have killed the defend- ant. There was no surgical operation performed. Two visits, however, are proved, they must be allowed-judgment for $1.00."
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EARLY INDIANA TRIALS.
"TROVER" FOR STEALING A LOG CHAIN.
IN the Jennings Circuit Court, the case of the State against George Washington Wren was called-the associate judges on the bench.
William A. Bullock for the State, and William Carpenter, of Madi- son, an Irish barrister, for the defendant; indictment for larceny for stealing a log chain. Mr. Carpenter .- " May it please the Court, I move to quash this indictment, on the ground that the action should have been trover." " Upon what ground ?"-" Why I say the action should have been trover." " How so?" "The indictment says 'one log chain, then and there being found, the property of John Brady '- the very language of trover. How could he be charged with stealing if he found it?" There were no law books in court giving forms of indictment for larceny. The question was submitted to the Court without argument. The associates consulted together some time- read over the words aloud, again and again. " Then and there being found." "Mr. Prosecutor, the Court thinks it should have been an aetion for trover." Indictment quashed ; court adjourned ; the pros- ecuting attorney in a rage; and the Irish barrister bursting with laughter.
LEGIBLE HANDS.
IN the Fayette Circuit Court, State rs. Amnos Henson. Indictment for obstructing the highway with " hens and hogs," meaning, of course, "trees and logs," but written as if it was hens and hogs, or so that it might be so read. I was young and mischievous, and moved the asso- ciate bench to quash the indictment on the ground that there was no statute against " hens and hogs " running at large. Motion opposed by Martin M. Ray, now of this city, prosecuting attorney, on the ground that the words were " trees and logs " and not " hens and hogs." Re- ply-" This must be decided by inspection, like a record on the plea of 'nul ticl record,' as there is no reported case that touches the ques- tion." Judge Webb .- " We think it is . hens and hogs ;' the indict- ment is quashed, and hereafter let the prosecutor write a legible hand, and cross his t's and dot his i's, and not be troubling the court with such questions."
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A HERO CHARGED WITH HOG STEALING.
[SATURDAY MORNING, JULY 25, 1857.
A HERO CHARGED WITH HOG STEALING.
THE American army had reached Fort Meigs, under the command of Gen. Harrison. Major Whistler was in charge of Fort Wayne. The woods, on the Maumee, St. Joseph's and St. Mary's, were filled with hostile Miami Indians. Fort Wayne was besieged on all sides, and Major Whistler and his few men must soon surrender. The news of the desperate condition of the besieged reached General Harrison, and he determined at onee to relieve Major Whistler. Early one morning there was seen running toward the Fort a small man, pursued by several Indians from the woods. The fore- most of the pursuers was Joe Richardville, a Miami chief. The gate of the Fort was thrown open, and in rushed Col. William Suttonfield, and fell exhausted. He soon revived, took from one of his boots a dispatch from General Harrison to Major Whistler, informing the Major that he would promptly come to his relief, and requiring a return dispatch of the forces and position of the enemy then besig- ing the Fort. General Harrison had asked for a volunteer messenger to carry the dispatch to Fort Wayne, but no one was willing to take the hazard. Col. Suttonfield, then only a private, stepped forward and offered his services. He was accepted by the General, furnished with a fine horse, his dispatch concealed in his boot, and just at twilight he left the army for Fort Wayne. His path led up the Maumee river. His fine animal carried him rapidly forward, and he seemed likely to reach the fort without even secing the enemy, when, entering a dense undergrowth, he found himself in the very midst of the Miami chiefs and warriors. Chief Richardville, Joe Richardville, Francis Godfroy, Lewis Godfroy, and young Lafountaine, were there. The Indians sprang to their guns, and Colonel Sutton- field put spurs to his horse. Several rifles were fired at the flying Colonel. The chiefs mounted their fresh horses, pursued at a killing pace, and were fast nearing the Colonel, when his horse ran into a morass prairie, sank to his belly and could get no further. The Colonel sprang to his feet and ran for his life. The fort was distant some two miles. The horses of the Indians stuck in the same morass. The most active of the chiefs dismounted and pursued the Colonel. The fleetest, Joe Richardville, the favorite brave of the old chief, was only about a hundred yards behind when the Colonel entered the fort. The dispatch was read, giving great joy to the Major and his men. The return dispatch was soon prepared,
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and a volunteer messenger was ealled for by Major Whistler to carry it to Gen. Harrison. No one offered. Night was approach- ing, when Col. Suttonfield stepped forward and offered to carry the dispatch to Meigs if he was furnished with a fleet horse with untir- ing bottom. He was directed to select for himself, and at once made choice of a blooded sorrel mare, of the Major's. Night had come-it was clear moonlight-the gate of Fort Wayne was thrown open, and out bounded Col. Suttonfield with the speed of a deer. The eyes of the fort were upon him as he took the path down the Maumee and entered the woods. The sound of rifles reached the fort-the Colonel had again met the wily chiefs at a new encamp- ment. His clothes were perforated with balls, but he and his horse escaped without harm. The next day the Colonel took from his boot the dispatch of Major Whistler and handed it to Gen. Harrison. But the end was not yet. The Indian war was soon over, and the Colonel married an estimable lady and settled in Fort Wayne, where I first beeame acquainted with him. The reader will not ask me whether he was a brave man, and I will not stop to say that he was strictly honest. The Col. was a positive man in all he said or did, and of course had some enemies. Among others, he had a little squeaking neighbor, who had beeame offended at the Col., and in his absenee at Indianapolis, spending a few weeks at a session of the Legislature, filed an affidavit before Robert Hood, a justice of the peace, against the Col. for marking his old sow with intent to steal her. The Col. on arriving at home heard of it, and went to the squire ready for trial. The squire only had jurisdiction to hear the case, discharge or recognize, as the ease might warrant. The prosecutor was present. The Col. looked upon him with perfect contempt. " Squire, I demand a jury." Justice .- " Constable put a jury in the box." " There are only eleven jurors present." The Col., " Put the prosecutor on the jury." The proseentor took his seat in the box. The squire .- " How shall I swear the jury ?" The Col .- " You do swear you will truly try and upon your oaths say whether Col. William Suttonfield marked the sow with intent to steal her or not." The jury were sworn, and the prosecutor examined. The Col .- " Now squire, I demand the ayes and noes." The Col. eould neither read nor write. The squire .- " Each juror will answer as his name is ealled, guilty or not guilty. Constable call the roll." The jurors were ealled and all answered "not guilty," till the prosecutor was ealled. Ile hung down his head and squeaked out "guilty." The Col. gave him another look of contempt. " Eleven
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DODGING A FEE, ETC.
to one, acquitted almost unanimously." Squire Hood .- " It is con- sidered that Col. Suttonfield stands unanimously acquitted, except by the prosecutor, who the Court considers was governed by malice prepense and aforethought."
· DODGING A FEE.
AT a term of the Circuit Court of the United States, I was requested by Daniel J. Caswell to be employed for Nicholas Long- worth, of Cincinnati, Ohio, one of the wealthiest men of the State. I was highly pleased with the employment, looking forward, of course, to a liberal fee, punctually paid, as I was assured by Mr. Caswell would be the case. It was an action of ejectment brought by David Close, of Rising Sun, against Longworth for a tract of land in Dearbon county. Judge Holman was on the bench. Mr. Caswell had to leave for Columbus next day, and wished to deliver over the case to me, as the sole attorney for Longworth. Mr. Caswell left before the ease was reached on the doeket. The trial lasted several days, and was warmly contested by both sides. Judge Holman charged the law against us, and the plaintiff recovered the land. I immediately informed Mr. Longworth, and requested him to pay me a fee of fifty dollars, about one-fourth what I should have charged him. He refused to pay me, on the ground that I was not his lawyer. Mr. Caswell then called upon him, as he told me, and Longworth refused to pay him, because he had not attended to the case. This gave me enough of rieh attorney clients, who would refuse to pay for services rendered them. Mr. Longworth, besides being wealthy, was at that time a cunning lawyer. He had not then reached his high position of successful rivalry of French vintners in Sparkling Catawba. His conduct in my case forcibly reminded me of the man that went into the groecry. "Let me have a glass of whisky?" " Here it is," handing it over. "You may take back the whisky and give me crackers." "Here they are." Eats the crackers and is about leaving. Groecr .- " Pay me for the crackers." " I gave you the whisky for them." "Then pay me for the whisky." "I gave the whisky baek." "Well, hereafter pay as you go, it may be all right, but it don't exactly look so to me."
FIRST SPEECH IN THE LEGISLATURE.
I HAD been at Connersville about eighteen months, when to my surprise I saw my name announced as a candidate for the Legisla- 5
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ture. Nothing was then further from my thoughts than to enter the field of politics; my ambition was to make myself a good lawyer. I was elected, however, and the next winter found me at Corydon-a representative of Fayette. It so happened that it was the greenest Legislature ever convened in the State. The raw material was not so defective, as the experience of the members. This accounts for the fact that the speaker, General Washington John- son, announced my name as chairman of the committee on the judiciary. On the third day of the session we went into joint con- vention to count the votes for Governor. William Hendricks was elected. The secretary had opened the envelops, and the counting had progressed till the county of Decatur was called. This return was not sealed and directed as the constitution required. The bodies retired to their respective chambers to discuss the important question. Mr. Basset Mr. Howk, Gen. Stapp, Col. Scott, Col. James, Mr. Dumont and Dennis Pennington had spoken, when there scemed to be a pause. All eyes were turned to me, as the chairman of the judiciary committee, supposing, of course, that I knew all about it. The house was filled with a distinguished audience, from all parts of the State, and several from Kentucky. I arose. It was my first effort in a legislative capacity, and much was expected by the audience. "Mr. Speaker," said I. These were my only words. I grew blind, and down I sank in my chair, almost unconscious, when Maj. Henry P. Thornton, who was our clerk, a great wag, sprang from his desk, ran to where I was seated, and whispered in my ear, " My dear sir, you must have studied your speech at home ; you have made a powerful constitutional argument."
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A "DIVINELY COMMISSIONED " THIEF-CATCHER. 67
[WEDNESDAY MORNING, JULY 29, 1857.
A "DIVINELY COMMISSIONED" THIEF CATCHER.
ONE night in the spring of 1823, John Williams had his horse stolen from his stable in Connersville. The woods for miles around were scoured by the citizens, and the horse was found in a thicket fastened to a tree. A watch was set, and William Boice was taken in the aet of feeding the animal. Boiec was tried, eonvicted, and sen- teneed to two years' hard labor in the penitentiary, at the next term of the Fayette Cireuit Court. I was attorney for the State at the time. Boice was taken to the State's prison by the sheriff. The word soon came from the keeper of the penitentiary that Boiee had broken jail and eseaped, and offering a reward of one hundred dollars for his capture and return to prison. The above common occurrence is merely introductory to what follows. It so happened that at this very period of time there lived not far from Connersville, a man I eall Joseph Abrams, who was laboring under a peculiar delusion, He believed in " special providenees-" that all men were created for special purposes, and set apart for the particular work by the Almighty ; that they had no power to resist, nor eould any harm come to them while engaged in their particular ealling. In his particular ease he believed that he was specially ereated and commissioned to take horse-thieves ; that he was required to be diligent in his ealling. He had no doubt what- ever, that he could take with his single arm any number of horse- thieves, however armed, without any power on their part to do him harm. He never went armed himself, but always earried with him his poekets-full of ropes to tie the horse-thieves as he caught them. He was a large, young, powerful man, as active as a eat and fearless as a rifle. He believed, that as a part of his mission, he had the power given him of recognizing a horse-thief the moment he saw him.
The news that Boiee had escaped prison reached Abrams about sun-set in the evening; he said nothing to any one, but left town about ten o'clock that night. Squire Ross was traveling the road leading hy the eabin of Boice, when all at once he heard loud screams ahead. Spurring his horse he soon arrived at the eabin. " As I rode up to the fence," he said, " I saw Abrams dragging Boiee out of the door of the eabin, tied fast with ropes, and Boice's wife beating Abrams over the head and shoulders with a clap-board." It ap- peared that Abrams had demanded of Boice to open the door, that Boice had refused and armed himself with a butcher knife; that Abrams broke down the door, seized Boiee and wrested the knife from him, threw him upon the floor and tied him, while the wife of
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Boice was belaboring Abrams all the time. Abrams placed Boice upon his horse, tied his feet together and immediately started with him for the penitentiary, and actually delivered him up to the keeper, and received his reward. Boice was a powerful man, weighing not less than two hundred pounds and as courageous as a lion.
Soon after this occurrence, Abrams met Johu Willey, sheriff of the county, took him off his horse, tied him and carried him to a justice of the peace. I was sent for and had him discharged late at night. The fact that I had appeared for Willey caused Abrams to suspect me of being his accomplice, and the next day on my way to the Franklin Circuit Court, I met him in the road. I saw his pockets were full of ropes. " You are a horse-thief; get down and I will tie you." . I smiled in his face, "Can't you wait until I come back and then tie me ?" " Will you say upon honor, that you will meet me at Connersville next Saturday ?" "Yes, I will." "Go then, but fail not at your peril." We parted. I returned home on Saturday morning; Abrams was there. As we met in front of the old court- house, he gave me his hand with a fixed look, " You are discharged, your are no horse-thief, you have kept your promise." "Thank you, Mr. Abrams, I knew you would learn from the spirit of your mission that I was not one of them."-He smiled and we parted.
A "POLITICAL PREACHER" IN A "FIX."
I WAS early initiated at Connersville into the mysteries of election- eering, by several of the most adroit men of the country. Among them I name Marks Crume, who afterward held several high offices, and was oue of the commissioners who concluded the treaty with the Pottawatamies of the Wabash. He was a warm supporter of Gen. Jackson, while I sustained Henry Clay. He had represented Fayette county several times in the Legislature, and in 1836 was again a can- didate. I was anxious for his success, as I was about to become a candidate before the next Legislature for the United States Senate. and I knew him to be my fast friend. His competitor was a nameless Newlight preacher-long, lank and stoop-shouldered, wearing a blue muslin gown, a quene hanging down to his waist, and his head covered with one of these old-fashioned eorn-shuck hats, with a rim extending to his shoulders. He was a fair electioneerer, in open day. This Crume eould meet. But he also preached at night. Here Crume entirely failed, although he was the son of the Rev. Moses Crume, of Ohio, who was said to have borne a striking personal resemblance to General Washington.
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