USA > Indiana > Greene County > Early history of Greene County, Indiana : as taken from the official records, and compiled from authentic recollection, by pioneer settlers including brief sketches of pioneer families. > Part 6
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On the 20th day of June, 1843, Mrs. Phoeba Graves was murdered. As to the fact of her being murdered there could be no doubt. She was
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The Early History of Greene County.
murdered near a public road, and| too young to be witnesses under the her body dragged some thirty or for- law at that time. One of these boys was William G. Sergent, who now resides in Bloomfield, and remembers the affair distinctly. He was eight years old at the time, and saw Nations the whole time, from eight o'clock, A. M., until after one o'clock, P. M. ty yards farther into a thicket of woods, and was laid out and covered with sticks and brush. Only one person murdered her, and it was con- summated after a great struggle, as the tracks of the struggle were plain- ly visible, and the tracks of the mur- The third man upon whom suspic- ion rested was James Graves, hus- band of the deceased. Three men joined in an affidavit against him be- fore William C. Hicks, a Justice. The case was fully investigated, and the defendant was found guilty and remanded to the custody of the Sher- iff. H. L. Livingston prosecuted the case, and Mr. Dunning and the Rous- scaus defended. He was taken out of the custody of the Sheriff by writ of habeas corpus, and after investiga- ting the case before the associate Judges of the Circuit Court, was rec- ognized to court and admitted to bail. No indictment was ever found against him. 1198611 derer dragging her to the place of her concealment, and the tracks flee- ing from the scene of the crime. She was murdered in daylight, between eleven o'clock, A. M., and one o'clock, P. M., and it was done by breaking her neck. The strong probability was that it was done before twelve o'clock. Her body was found next morning, before daylight, and an in- quest was held on that day, at which hundreds of people attended. The people flocked to the scene from ten and twelve miles away. Suspicion rested on three persons, and each of the suspected parties was required to put his foot in the track (the track was of a bare-foot). One person sus- pected was the brother-in-law of the deceased, Peter C. Graves; but he came promptly to the track, and it did not fit him, and, besides that, he could prove that he was at another place all day at work.
A mute by the name of Christopher Nations was also suspected. He was plowing on a farm near the place of the murder on that day. When he was required to put his foot in the track, he evidently did not under- stand the object of their action, and struggled against putting his foot in the track. He was charged with the crime before a Justice, and tried and bound over to the Circuit Court, but no indictment was returned against him. Paris C. Dunning, R. H. Rous- seau and L. H. Rousseau prosecuted the case, and Hugh L. Livingston defended. There were two . boys working in a field adjoining the field in which Mr. Nations was working, and they knew that Mr. Nations was not out of the field until after one o'clock on that day ; but they were
In the investigation of the charges, there being no doubt about the de- ceased being murdered, the attorneys for cach party tried to show that some one else perpetrated the crime. The attorneys for Mr. Graves tried to show that Mr. Nations committed the murder, while the attorneys for Mr. Nations tried to show that Mr. Graves had committed the crime. The only evidence on the record in the case is a written admission signed by the attorneys on the trial of the case against Nations. The admis- sions were that on the trial of the habeas corpus case of James Graves, that it was in proof that he (Graves, the husband of the deceased, ) was at home on the turn of twelve o'clock on the day of the murder, and was pulling weeds in the garden, and had his little child with him. Also, that it was in proof at the same time, by Franklin Hodges, that on the same day, about two o'clock, P. M., he (Hodges) heard some one hallooing, and that he went out from the field where he was plowing and saw Graves
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The Early History of Greene County.
about three hundred yards from the | unfortunate circumstance, Mr. Graves, place where the body was found next morning. That Graves was standing in the road, and had his little child in his arms, and stated that he sent his little girl to Mr. Ducast's to hunt for her mother, and that he also sta- ted that Phoeba had gone that morn- ing to Mrs. Nations', and that he supposed that she had gone to Du- east's from Nations', and that Graves was hallooing for his wife and little daughter, and that said Graves re- turned home.
The theory of those who believed James Graves to be guilty, was, that he left home at about eleven o'clock, A. M., and his wife left Mrs. Nations' about the same time. That they met in the road at a point near the place of the murder, and that the struggle commenced in the road, and that they struggled about forty or fifty yards from the road, where her neck was broken. That after concealing the body, the defendant then return- ed home and remained there until near two o'clock, and then took his i ,fant child back to a point near the scene of the murder. This theory was supported by the evidence offer- el by the State, and by all the mo- tions and actions of the accused. A daughter of the deceased stated that he left home at eleven o'clock, with a curse upon his tongue against his wife, and the testimony of Mrs. Na- tions was that the deceased left her house at eleven o'clock, saying that she must go home to get dinner.
The defendant proved by the wo- man he afterwards married, that he was with her at another place during the whole time in which it was prob- able that the murder was committed. It is a little wonderful, from all the circumstances connected with this case, that it was not more fully in- vestigated.
For years after this, persons would hint that something was wrong, and this same Frank Hodges would pub- liely denounce Mr. James Graves as a murderer. Three years after this
appealed to the court for redress for what he claimed to be injured inno- cence, and he sued Mr. Hodges for slander for accusing him of murder. Mr. Hodges, by his attorneys, in his answer, justified his words by saying they were true, and alleging that Mr. Graves did murder his wife, and he prepared to make his charge truc. When the issue was thus presented, Mr. Graves dismissed his suit, and the matter rested there. Soon after this suit was terminated Mr. Graves left the county and took up his resi- dence elsewhere.
Perhaps if all the parties connected with or suspected of the crime had remained in the locality, it might have leaked out, but the probabilities are that no additional evidence will ever be revealed. We do not know that any of the parties are living. It may be that they have all met before a tribunal whore there is no dissem- bling of witnesses or error of Judge.
The officers for 1843 were the same as the year before, except that James VanSlyke was Sheriff, William Ma- son, Treasurer, Franklin P. Stark, Assessor, and John R. Stone, Pro- bate Judge. John F. O'Neall was returned to the Legislature, and Mr. Quick was Prosecuting Attorney.
James VanSlyke was a son of Pe- ter C. VanSlyke, and must have come to the county in 1819. He was very popalar with the people, and was elected to office several times. He was first elected in 1842, at which time there appears to Have been sey- eral early settlers who were willing to serve the people in that capacity, there being nine candidates for Sher- iff. Judge Stone was an early set- tler in Burlingame township, and held many positions of trust in his township before he was elected Judge. During his judicial career he had the reputation among members of the bar of deciding his cases right. Some- times he would not decide just at once, but would take a case under advisement when it was not clear,
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The Early History of Greene County.
And would think over it in a calm fof the county and observing proper hour, and then he trould almost uni- economy. Ile has been a successful farmer, and is universally esteemed as a good citizen and Christian gen- tleman. formly decide the case correctly. He tras one of our best citizens, and bad one virtue in an eminent degree that tnany persons are sadly deficient in In this year the first case for dis- turbing a religious assembly was prosecuted, since which time such cases are of frequent occurrence. -he was true to his friends. During this year two students were admitted to the State University from Greene county, being the second and third Frederick Memoring, an old citi- zen of the county, received his natu- ralization papers, having emigrated to this country in 1839. There was great political excitement during the year. George G. Dunn and Dick Thompson were among, and, perhaps, the leading, champions of the Whig cause in this part of the State, and James Whitcomb and Paris C. Dun- ning were among the leading cham- pions of the Democracy. students from the county to that un- iversity, so far as we are able to learn. They were Aden G. Cavins und L. B. Sexton. The last named is a son of Judge Sexton, and, altho' not very well known by the name of L. B., yet is well known all over the county by the name of Boone Sexton. In addition to being a number one man, he was probably the best natured man within the limits of old Burlin. game townahip, except Wash. Hat- This year the amount paid by the county on officers' salaries was three hundred and eighty-one dollars and ninety-seven cents. field, who must be the best natured man in the county == or, at least, he was forty-two years ago. In addition to Wash. being the best natured man In 1846, no new officers were elec- ted, but several old officers were re- elected, among whom was L. II. Rous- seau to the Legislature. und being generally clever and a very old settler, he can make the best gun, kill as many or more deer, sing the best song, and can repeat more of a speech from memory than any man in the county. The first year after le came to the county, he killed one hundred and sixty deer, and during the first twelve years of his residence in the county, he killed, with one gun, thirteen hundred deer. It is hardly probable that any other man now living in the county has killed as many. Altogether he has killed over three thousand.
In 1844, John F. Allison was elec- ted Senator, L. H. Rousseau, Repre- sentative, and Alfred L. Kutch was elected a Commissioner. The other county officers were the same as the year before. Mr. Kutch was re-elec- ted as Commissioner for several terms in succession. He came from Mon- roc county in an early day, and set- tled in the neighborhood of the place where he now resides. He was re- garded as a superior Commissioner, always looking toward the finances
Robert Warren received his natu- ralization papers, having emigrated in 1887 ; and before this time his fa- ther and his brothers, John and Wil. liam, moved to this county, all of whom inade good citizens. Several strangers were admitted to practice law this year, Alanson J. Stevens, Francis M. Williams, Joseph B. Car- nahan, and David K. Smith.
The members of the bar must have been considerably demoralized this your, if we may form an opinion from the number of indictments returned against them for assault and battery and riots.
CHAPTER XII.
NE thousand eight hundred and forty-six was a year of sorrow throughout the land. The toc- sin of war was sounded, and the notes of the fife and drum were heard from the east, and from the west, from the
The Early History of Greene County,
north and from the south. - A call [ but suppese he is a good and true was made for volunteers to go to Mex- Sco, and the people, with commenda . ble patriotism, rushed to the fray. In Greene county a company was promptly formed, and they assembled on the court yard at Bloomfield and elected their officers. L. H. Rous- seau was elected Captain, Adam Stropes, First Lieutenant, David Ir- win. Second Lieutenant, and Zacha- riah Sims, Third Lieutenant. Lieu- tenant Sims afterwards resigned and John Roach was elected Third Lieu- tenant.
The most dangerous enemy that they expected to meet was the cli- late war. William Bough and Hen- ry Roach, two soldiers of the old
mate and the discases that would be most likely to assail them in such a company in the Mexican war, made climate. Of course they expected | efficient officers in the late war, and to meet the Mexican army, but they lacquitted themselves with honor. did not believe that the army of the lJohn Vanscoyk enlisted in the late enemy was as dangerous as the dis- | war, and became totally blind in the eases incident to the Southern coun- ; service. James H. Hall, as we have try.
heretofore stated, served five years Solemnly and silently they took !in the regular army and three years up their weary march toward New Albany, the place of rendezvous, some never to return. in the late war. Robert D. Andrews served in the late war and was se- verely wounded. Perhaps others of Some fell in battle, some by dis- case, and some had their health im- paired forever. Company E., 2d Indiana Regiment, who are here served in the late war. Henry Goad, J. L. Stropes, William Among the great battles that they fought was the battle of Buena Vista. Many of these brave boys were com- pelled to return home before the ex- Holtsclaw, Benjamin Holtsclaw, No- alı Cox, Daniel Cox, Levi Nicholson, Simpson Osborn, Solomon Dixson and Thomas Rader are comparatively piration of their terin of service on young yet, and they all served in account of disease. Those who re- mained until the expiration of their term of service, returned in 1847.
Nearly thirty years have passed, and very few of them remain in the county. Some who were called boys nre getting to be quite old now .- James Busan is probably the oldest now in the county who went out in that company. He is an old citizen, and universally respected and honor- ed. One of his sons was killed in the late war, thus showing that soldier and patriotic blood courses in the veins of the family. Andrew John- son is probably the next oldest. We are not so well acquainted with him,
man. Solomon Burcham is probably the next oldest ; he was a sergeant in the company ; he is one of the very early settlers, having come here when he was a boy ; he is one of our best citizens, and is always brimful of pa- triotism. ' He, too, had a son killed in the late war. Littleton Goad is probably the nextoldest of those who attended their last meeting, since which meeting he has gone over to the other world." He was a very carly settler, and a quiet, industrious and good citizen ; and, if we are not mistaken, he had a son or sons in the
Company E., and are now here among us, and we believe they are all pros- perous and doing well. - William P. Stropes, although. not mustercd into service on account of being too young, made the trip until his health failed. Other soldiers of the Mexican war have cast in their lot with the people of our county, and are living here. Captain E. E. Rose, John Sharr and A. S. Nations belonged to the same regiment but not the same company. | Ahart Hash, Champlain Cox, Joseph Piggman, Josiah Sullivan and Elza Wagoner were all soldiers of the Mexiean war, and are now living in i Greene county, and perhaps there"
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The Early History of Greene County.
are others whose names we have been unable to get.
In all ages of the world, the people have taken pleasure in doing honor to the defenders of their country. Those who fought the battles of the Revolutionary war were especially honored by legislation and otherwise. In most of the States, and in Indiana among others, they were exempted from certain legal process that other men were liable for-they were ex- empted from imprisonment upon civil process. Late in life, the survivors and the widows of the deceased were pensioned. In this county there is yet one widow of a Revolutionary soldier who is drawing a pension. It is Susanna Lang, of Highland town- ship.
The soldiers of the war of 1812 were, in many respects, honored in their day, and a few years ago were pensioned. All these soldiers in the Revolutionary war and the war of 1812 fought the battles of their coun- try in their own land.
The Mexican soldiers were called upon to go into a foreign land to fight the battles of their country. They were required to endure privations, want and toil in a strange land, where all the inhabitants were enemies to them, and where dangers awaited them on every hand. There was no sympathetic hand among the citizens to give them a cup of water or bathe their fevered brows. Under all these circumstances, our soldiers in Mexi- co pressed on, a part of the army un- der General Taylor and a part under General Scott. Gallantly and brave- ly they bore the old flag from point to point, and from city to city, until its floating folds waved in triumph and in peace over the halls of the Monte- zumas. Then the brave boys who had not fallen in the contest return- ed to their homes, amid the anthems and hosannas of the rejoicing thous- ands of people. Of those who went out from Greene county, some never returned. There were killed in bat- tle, William Aiken, John Dillen and
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McHenry Dozier. There died from disease, James Aiken, Greenberry Chelton, Ambrose Storm, Wash. El- liott and John Russell. There were wounded in battle, William Bough, Wick Bland, William Mathes and James Roe.
Another company was formed in the county, under Captain Rousseau and Lieutenant Stropes, but it was never mustered into service, the call being filled without it. It was rath- er singular that each company should have a Captain Rousseau and a First Lieutenant Stropes.
The officers elected this year were, John Jones, Representative; Edward E. Beasley, Sheriff. We have here- tofore mentioned Mr. Jones. Mr. Beasley was an early settler in that part of Burlingame township since formed into Beech Creek. He was a farmer, and very popular with the people, and served two terms as Sher- iff. In 1856. he was a candidate for Representative in the State Legisla- ture. His friends generally wished him to endorse Mr. Filmore for Pres- ident, but he was conscientiously in favor of Fremont, and openly avowed himself in favor of the "path-finder." He said he would rather be right and suffer defcat, than to be wrong and be elected. He was too honest to act from policy, where his convictions of right were otherwise.
During this year, Joseph Baum, Gilgian Schranz and Peter Hassler declared their intentions to become citizens of the United States. ` Alex- ander McClelland and Augustus L. Rhodes were admitted to practice law. Mr. Rhodes become a resident of the county, and resided here ser- eral years. He was a man of classi- cal education, having graduated at an eastern university, and was a close student and fine lawyer. We occa- sionally hear him spoken of by some of the old citizens as being an honest lawyer, a compliment that is not very freely extended to men of that pro- fession. He went to California, in 1854, where he took front rank in his
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The Early History of Greene County.
profession, and for several years he has been a member of the Supreme Court of that State.
At this time, and several years be- fore, R. H. Rousseau was school ex- aminer for the county. At times it was rare fun for Dick. to examine ap- plicants for license. In that day, school teachers were not so efficient as they are at the present, and in many localities they only taught reading, writing and spelling, and the writing lessons were often writ- ten by some other person. On one occasion, he gave an applicant a cer- tificate that be was "capable of teach- ing a very common school."
In 1847, L. Hl. Rousseau, who had returned from one year's service in the Mexican war, was elected Sena- tor in the State Legislature. Steph- en H. Lockwood, who has heretofore been mentioned as "Jonah," was elected as Representative in the Leg- islature ; H. C. Owen was elected Assessor ; Jeremiah Stone and Adam Stropes were elected Commissioners, and B. F. Cressy, Surveyor. H. C. Owen has been an active, leading man in his party ever since, and even before this election. This was the first time that Mr. Stone appeared as a county officer. He was an early settler in that part of the county now known as Jackson township ; he was continued in office for several terms, and was regarded as a careful and prudent officer, and was, and is, one of our best citizens. He is yet liv- ing, and seemingly enjoys a ripe old age. In his younger days he was no- ted for his fondness of a joke; but, in late years, he has been overshadowed by his neighbor, William Hert, who can tell more sharp and funny yarns than any two men in the county.
B. F. Cressy was only a moderate early settler ; he was a shrewd, sag- acious and active business man, as well as a man of fair education. If we are not mistaken, he continued to be surveyor from this time up to his death. He was regarded as a first- class surveyor and a first-class citizen.
Craven P. Hester appeared as Prosecuting Attorney this year, and Lewis Bollman and George Munson were admitted as attorneys. George Munson was a partner of George G. Dunn, and was a lawyer of superior legal .attainments.
The year 1848 was another year of great political excitement. General Zachary: Taylor lead the Whig hosts to victory in the race for President, but lost Greene county by one vote.
John Yarnell was elected as Rep- resentative in the State Legislature. In 1847 he had been defeated for the same office by S. H. Lockwood. Mr. Yarnell was regarded as an excellent man, and no doubt would have made a good Representative if he had lived, but he died in a very short time after his election. An election was called for the same day of the Presiden- tial election, at which R. H. Rous- seau was elected, this being the first and only time that he was ever elec- ted to office in this county.
We were not acquainted with Mr. Yarnell, but he was universally con- ceded to be a good citizen. He re- sided at Point Commerce, and was a partner of William S. Bays, who was a very early settler in the county, and was well known throughout it as being one of the most genial and clev- er gentlemen in it. Towards friends and strangers visiting or having bus- iness in his town, he was certainly the most courteous gentleman in the county. He was never too busy to stop and show visitors around, and extend to them those courtesies that contribute so fully to make a visitor feel well and enjoy himself. Such disinterested gallantry is becoming almost out of style in these latter days, yet such attention is ever and kindly remembered by the recipients of such courtesies.
During this year, James S. Hester and R. A. Clemments were admitted to practice law. A murder case was tried this year, on change of venue from Daviess county. The case oc- cupied five days of our court, and
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The Early history of Greene County,
Was ably prosecuted and as ably de- being a man of strong, practical com- fended. Craven P. Hester, and his inon dentse, has profited by his years of experience. He has been in pub- lic life a great many years, either in the State or under Federal appoint- ment, and is now regarded as one of the most sensible men in his Congres- sional district. He is now State tras against Willis M. Miller, and he Senator, and is regarded as one of son, James S. Hester, who now re- side at Nashville, Indiana, prosecu- ted the case on behalf of the State, and Richard S. Clemments, Lovel H. Rousseau and E. S. Terry made speeches on the defense. The case was charged with murdering his wife. The theory of the prosecution was that the defendant had thrown his wife into a well and held her under the water until she was drowned, or that she had fallen in and he held her under the water instead of taking her out. The evidence showed that the top of the water was not far from within two feet of the top of the well.
the leading members of that body. Perhaps the greatest thing that Mr. Humphreys has a right to be proud öf, is, that he has "sent to grass" in political combat, so many of the most talented and popular men of the op- posite party, among whom were Mar- cus H. Shryer, R. H. Rousseau, H. H. Throop, E. E. Beasley, H. I. Liv- ingston and Judge Thomas Mason ; A large train of circumstances were | and that none, except Judge Mason, detailed to the jury, going to sustain I have ever made the " honors easy " the theory of the State. James S. Iwith him. This year, the majority of Hfester was then quite young, but he | the voters in the State, voted in favor made an elegant speech, which was, of calling a convention to adopt & perhaps his first big effort. There i new constitution for the State ; and, was no positive evidence against the lin 1850, at the general election, del- defendant, but the general belief egates were elected to the Constitu- among outsiders was that he was guilty ; but the jury gave him the benefit of all doubts, as it was their duty to do, and after hanging some time, acquitted him.
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