USA > Indiana > Madison County > Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the. > Part 23
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drove into a culvert that had been washed out, and one of his horses by breaking through into it, was seriously injured. Quite a large excavation was made under the Pan Handle railway, near the Myers ford, the water causing the section hands to work for the balance of the night and all of the next day in patching up the road so that trains could pass. In the house of John Aldridge, on East Ninth street, in Anderson, the water stood to the depth of several feet in the first story. A large three-story brick flouring mill at Pendleton, was also flooded with water, and under the pressure of the surging waves in Fall creek, the foundation crumbled and was par- tially washed away, doing much damage.
This terrible storm will long be remembered by the in- habitants of Madison county, over whom it passed. At one time it seemed as if every one living within its course would meet with instant death.
JOSHUA'S SPEECH.
When the Hon. Hervy Craven was Judge of the Madison Circuit Court there were many incidents occurred that would now seem at least odd in a court of justice. Craven was one of those men who was built with the rough side out. Every one who knew him believed him to be an honest man, how- ever much they might have disliked his rough ways and un- couth manner on the bench. No one would ever have been so bold as to try to wrongfully sway his judgment. It would not have been safe. He, with all his gruff ways and out ward signs of independence. was away down. one of the most sensi- tive of men. Hle disliked to be criticised or talked about as much as any one. During his occupancy of the bench many of the attorneys got on the " off side " of him, either from real or imaginary causes, many of them taking changes of venue from him as Judge. He soon caught on to the fact that in many cases it was purely personal. In all such cases he would call Joshua Jones, of Tipton county, to try their cases. Joshua was not the most profound lawyer in the world, but did not seem to know it. When he was called to try a case it had to be tried at all hazard. Attorneys, jurors, citizens or tax payers could not head him off. If the issues were not made up in the case he ordered the attorneys to at once join them, or have their cases dismissed. They would many times squirm and plead for time, but it was "no go." Joshua was in command. The trial had to go or " bust."
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. Judge Craven was generally a quiet spectator to Judge Jones' actions, and was nearly tickled to death to see Joshua "twist their tails," as he termed it.
One time Joshua was the attorney in a case before Judge Craven and a jury, in which Isaac Dehority, of Duckcreek township, was the defendant. Joshua was for the plaintiff in the case. He was doing his best for his client, from the fact that he had a dislike for the defendant, as well as from legal reasons for winning his case. It was a long, tedious trial, there being many witnesses on both sides. The testimony rather preponderated on Dehority's side. Joshua felt that unless something was done almost superhuman he must lose. So he made up his mind that he would make a heroic argument before the jury and possibly save the day. The opposing counsel had made a stirring speech, summing up the evidence in direct bearing upon the issues of the case, when he gave way for Joshua to close. He sailed in, in regular spread-eagle style, touching but slightly on the evidence, dwelling upon the fact that his client was poor, etc., to catch the sympathy of the jury. The court was giving him all the string he wanted and finally he got to his fullest height. He swelled up and said : "Gentlemen of the jury, where was Isaac De- hority, the defendant in this case, while my client was baring his breast to the storms of battle. fighting in defense of that old flag we love so well? I say, where was he? I'll tell you where he was. He was lurking around home, basking his d-d rebel carcass in the swamps of Madison county." The Judge at this point broke in with, " Give 'em hell, Joshua."
He spoke for an hour and half in this strain. getting the jury worked up to a pitch where evidence. law or gospel would not have stood in their way, finally bringing in a ver- dict for Joshua's client.
GEORGE FESLER IN A DEMOCRATIC CONVENTION.
As far back as the oldest inhabitant can remember, the Democratic conventions for the purpose of arranging the pre- liminary work of the campaign, had been held in the old court house until it was destroyed by fire in December, 1880. The coming of the time for the biennial mass meeting of the Democratic hosts, was anxiously looked forward to by a large number of the rural politicians; in fact, their actions in the mass conventions were about all they got out of politics. They made motions, offered resolutions, made speeches and
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got their names in the papers, all of which was glory enough to last them until the next campaign.
Among the many who were prominent in these conven- tions, was George Fesler, of Ovid. For years he was a regu- lar attendant and took a prominent part in the deliberations of the conventions. He was in attendance at one of these meetings once when a general row was about to take place-a . split in the convention seemed inevitable. Two factions were at war with each other. The committee on resolutions had come in to make its report and a storm of indignation came up from the audience. As each resolution was read, some one would arise and move to lay it on the table. Another resolu- tion would come and a like motion would be made. Long and spirited debates ensued in each case. Eagle flights of oratory were indulged in by Judge Pierse, J. M. Dickson, W. C. Fleming, Dr. J. C. Cullen, Dr. T. N. Jones, and in fact, all of the local politicians.
The Hon. David S. Gooding was present, ready to ad- dress the convention as soon as an opportunity afforded. If there was a man on earth that George Fesler loved to hear speak, it was Judge Gooding. George was becoming tired of the " monkey business" and wanted Gooding to have a chance to speak. Some one moved to lay a certain resolution on the table. A big fight was on hand, almost coming to blows. George raised up from his seat and shouted :
" Messer Presitent !" The confusion was so loud that the president didn't hear him. .. Messer Presitent, Messer Presitent." Finally he shouted at the top of his voice. " Messer Presitent ," this time getting the chairman's atten- tion and was recognized. " Messer Presitent, in order to hurry up the proceedings of this convention, so that Dave Gooding can make a speech, I moves that ve lay all of the resolutions on the table and wote them all srue at once ."
This brought down the house and placed the fighting ele- ments in a good humor. Order was restored and the business soon dispatched. Judge Gooding made his speech and all went home happy.
A CLIENT PLEADS GUILTY AFTER HE IS ACQUITTED.
Many funny things take place during a lifetime in the practice of law. A lawyer gets on the inside of many men's evil deeds, and knows the secret history of many men whom it would utterly destroy if revealed. But no good lawyer-
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one who lives up to the rules of the practice, and who has a high regard for his position as a professional man, ever gives up the secrets confided in him. Information of a private char- acter imparted to an attorney at law, is much safer than if given to your wife. The discreet lawyer never tells his wife. It is generally understood that in criminal cases the defendant makes a " clean breast " of it, gives his attorney every detail, so that he actually knows whether his client is guilty or not guilty.
In many cases lawyers stand before the jury with tears streaming down their faces, trying to convince the jury of the innocence of their client, when, in fact, they know he is as guilty as sin. Once in a while you will find a fellow who is guilty, who persists to his attorney, as well as the outside world, that he is innocent. He is often so serious about it that his attorney thinks he is an innocent, much-abused and perse- cuted man.
An instance of this kind once occurred in the Madison Circuit Court. A man in the southern part of the county was indicted for stealing some clothing.
He employed the Hon. J. W. Sansberry to defend him. Mr. Sansberry was then in his prime and stood at the head of the Madison county bar. He was always a sincere man. If he took a notion that his client was actually not guilty, it was almost a personal matter with him in the trial of the case. Every effort was made, and nothing left undone to accomplish his acquittal.
In this case the man strenuously declared his innocence. His attorney thought he was innocent, as well as many others who were acquainted with the circumstances. When the Sheriff went to serve process on the defendant, he wanted to put his horse up and feed him, but the man denied him the privilege, and would not consent. under any circumstances, to allow his horse put in his stable. This made the Sheriff angry. When he brought the prisoner to Anderson he related the circumstance to Mr. Sansberry, who thought it was strange, to say the least, and also thought his client had hurt his case by taking such a course with the officer.
The fellow made a plausible excuse, fixing it up on his part. The time came around for his trial. An heroic de- fense was made for him. The jury took his case under advise- ment, in due time returning a verdict of not guilty. He was once more a free man, with the stain of theft washed away.
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He again stood before the world as an honest, upright, God- fearing man. His friends congratulated him upon his acquit- tal. The jury was complimented for its good sense and sound judgment. After all was over, Mr. Sansberry, in con- versation with the client, asked him why he denied the Sheriff the courtesy of putting his horse in the stable.
"Well," said the man, "You see, I had the stolen clothes hidden in the manger, and I was afraid he would find them." This knocked the attorney out. He felt as if there was no confidence to be placed in mankind. Many a guilty man has escaped punishment by putting on a bold face and sticking to the plea of innocence.
OLD-TIME COURT EXPERIENCES.
In the long time ago it seems that the people of Madison county who dwelled in their log cabins and lived on " corn dodger," with all their ways of simplicity, were about as greedy for small crumbs thrown out of the county " crib " as the present generation. While their compensation was very small as compared with what persons are paid at the present time, there were about as many patriots ready and willing to serve as there are now in proportion to the population. There always was and always will be, around every county seat, about the same number of fellows who love to serve in the capacity of jurors and supernumeraries around the courts. There is a fascination about the proceedings of a court that takes hold of some fellows and never loosens its grip on them. The comforts of sitting in a jury box in a warm court house on a cold wintry day, as the wind whistles through the cracks and crevices around the temple of justice, listening to the tes- timony and weighing the evidence in a long and hotly con- tested case of bastardy, rape or assault and battery. is some- thing that has always been a source of great gratification to many people. It is noticeable, too, that there is, and always has been, a certain crowd in' all stages of the court proceed- ings that are the favored ones.
Among the " old-timers" who had their share of the plums picked out of the county orchard there were Saul Shaul, Will- iam Curtis, Daniel Harpold, Willis G. Atherton, Jesse Shel- ton, Collins Tharp, Jesse Wise and many others who held sway away back in the thirties. From the year 1830 to 1840, their names appear on nearly every page of the old records in the capacity of Justice of the Peace, road supervisor, over-
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seer of the poor, bailiff, or in some other capacity connected with running the " machine " in county matters. Many other names also appear of men who, in later years, became popu- lar leaders in the fields of politics and business. At the March session, 1835, the allowance records show the following entry : " Ordered that the petit jury be allowed seventy-five cents each." Among whom were Andrew Shanklin, John Moss, Jesse Wise and Saul Shaul. Andrew Jackson was allowed four dollars and a half for services as sheriff ; Thomas K. Williams fifty cents for summoning witnesses before the Grand jury, and Charles D. Henderson and Alfred Kilgore were each allowed ten dollars for counsel appointed by the court to defend George McNew for larceny. Adam Winsell and Charles Mitchell were each allowed ten dollars as judges for holding said term of court.
Among the names in the above list who afterward be- came men of affairs, was Andrew Jackson, elected clerk of the Madison Circuit Court as long as he cared to have it; was State senator and a representative in the legislature, and a politician with a State reputation. He became one of Madison county's political giants.
Charles D. Henderson published the first Democratic paper ever printed in Madison county, and was a man of State prominence.
Alfred Kilgore was one of Indiana's foremost lawyers, a brother of the late Judge David Kilgore, who was once Judge of this circuit and a member of congress from this district.
It has been suggested that a suitable monument ought to be erected to Chas. D. Henderson who now lies in an un- marked grave in Madison county, almost forgotten. He was an intelligent, upright man in his time, and is worthy of some recognition by the present generation for his labors in the days gone by for the benefit of the people of thi- county.
Among the many others who also had their names enrolled on the pages of Madison county history at that early day, are IIenry Alderman and Brazelton Noland who was once Treasurer of the county years ago : and Palmer Patrick, of Fallcreek township, who helped to lay out and make nearly every road in Madison county, as the records show ; and Smith Chambers, Robert Farnesworth and Ancil Rich- mond, who many years ago was Clerk of Madison County ; and John 'Renshaw, who served as county Commissioner and
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assessor of revenue, for Anderson, Jackson and Pipecreek townships in 1885; and Chamberlain Houston, as assessor of Adams, Union and Richland townships in the same year : and Robert N. Williams as Clerk of the county during several years, about this period.
These men are now gone. They have left their foot- prints on the sands of time. Their records have been made up and submitted to the Supreme Judge of all. We have no right to now pass judgment on their acts, whether right or wrong. It is safe to say they were, in the main, right : if they erred, they did it honestly.
SMALL OF ITS AGE.
Pat Skehan, the groceryman, whose jolly nature and robust form have been the pride of Anderson for almost half a century, has filled a place in Madison county, as well as a warm place in the hearts of its people. Every one knows him throughout the county. He has kept a grocery in Anderson so long that the oldest inhabitant cannot remember when he did not keep one. As well as family groceries, he has always kept a choice lot of liquors, and has enjoyed a good trade among the farmers. Among his many friends and ad- mirers was " Uncle Tommy " Thornburg. When Mr. Thorn- burg lived up on Killbuck, he always dropped into Pat's to warm his toes and chat awhile, and thought his visit to Ander- son was not complete unless he had seen l'at. One cold, win- ter morning, " Uncle Tommy " came to town with his ears wrapped up in good shape. He naturally dropped into Ske- han's grocery to warm. Pat very cordially invited him back. gave him a chair near the stove and assisted him to take off his wraps. After they had chatted for quite awhile, Pat excused himself for a moment, and soon returned with one of those small " thimble glasses " filled with an " eye-opener." " Here, . Uncle Tommy,' is some choice old rye, right from the blue-grass regions of Kentucky. It is hand-made, and I know of my own knowledge, that it is eight years old. Try it : I am certain that it will be good for you this cold morning." " Uncle. Tommy " took it and gave it a very close scrutinizing. turning it round and round in his hand, and finally quaffing it down at one swallow.
" How old did you say it was?" asked Tommy.
" Eight years old I absolutely know it to be."
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" Yes, its pretty good," said Tommy, " but very small of its age."
It was no time until Pat had replenished the glass and they both took a whiff together.
THE FENCE VIEWERS.
The order of things has been turned around since the days of our fathers, in regard to the stock law. Now there is no stock allowed to run at large, or graze upon the " common." No fence of any particular size, shape or dimensions is needed. In the "away back " days it was different ; people allowed stock of all kinds to run out, and graze upon the public land. It was common in those days to have a bell cow and a bell weather. The bell cow led the procession of cattle, while the bell weather led the sheep. Every cow and sheep knew to what herd it belonged and would follow its leader to the end of the earth.
Sometimes people would not see their stock from early spring till late in the fall. When winter approached, they generally turned out to hunt their herds and bring them in for winter feeding. People of that day were required to keep up their fences to a regulation fixed by law.
In order to properly enforce the law the County Commis- sioners of each county appointed fence viewers to view the fences in different townships, and report as to their condition. If you failed to have your fence up to the standard, and breachy cattle or horses got into your field, you could not collect dam- ages ; while on the other hand, if your fences were up to the regulation prescribed, you could recover damages by suit, if stock injured your crops. The office of fence viewer has long been a thing of the past, yet there are men still living who have held that important office. At the January session, 1829, the Board of Commissioners made the following appointments :
"It is ordered that James Noland and Evan Pugh, of Anderson township; John McKinzie, of Greene township; Charles Doty, of Fallcreek township; Moses Corwin and Moses Shaul, of Adams township; Collins Tharp and Nehe- miah Layton, of Jackson township, be and they are hereby appointed fence viewers of their respective townships for the year A. D. 1829."
It is said that the Board generally selected a tall and a fat man in each township for this office. If the fence was so low that the tall man could walk a straddle of it, or the
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cracks so large that the fat man could crawl through, then the fence was condemned. This office was generally thrown out to the workers in the out townships as a reward for party services. It's a pity the office was abolished, as it would save candidates great expenditure of money, and have a tend- ency to keep party lines, as well as people's fences, in good condition. It is said that Uncle Jimmy Hollingsworth, who is yet living, once held the office of fence viewer. It is safe to say that the fences in his township were up to the standard, for whatever he does, he does with all his might. He would let no guilty man escape.
THE " MILK-SICK."
The first settlers of Madison and adjoining counties were not only confronted with innumerable hardships in clearing their farms and securing necessaries for their subsistence. but were compelled to endure much sickness during certain sea- sons, particularly spring and summer. . \gue was the common ailment, and it was not unusual for an entire settlement, or community, to be afflicted with it during the early spring. It was not dangerous, however, and very often yielded in a short time to the simple remedies administered by the pioneer mothers, their remedies consisting of teas made of roots and various kinds of bark from trees.
The most fatal, and therefore the most dreaded, disease that made its appearance at an early day was a deathly sick- ness known as " milk poison." or " milk-sick." The means for treating it corresponded with the other needs of the new country, and consequently the mortality among the settlers was often alarming. An animal afflicted with it would beco:ne very sick and begin to tremble. This trembling would con- tinue until death relieved its sufferings. All domestic animals were subject to the disease, particularly cattle, and died in great numbers every spring and summer wherever certain conditions obtained until the country became better developed, when it finally disappeared.
Persons who consumed the milk or butter, or ate the meat of animals subject to the disease were almost certain victims. They were seized with nausea and vomited continually. Whisky was the principal remedy, and when that failed to bring relief, the patient usually succumbed. There were many theories advanced as to what caused the disease. Some thought that it was communicated to stock through veget !-
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tion, others that it was induced by drinking water impregnat- ed with a mineral poison. A favorite theory attributed the cause to a poison distilled by a mineral and through a pro- cess of evaporation settled upon vegetation with the dew. It was claimed by this class that cattle or other stock that were kept penned up until after the dew disappeared of mornings, never became afflicted with the disease.
Many physicians who had taken a regular course of medi- cine, insisted that there was no such disease as milk-sick, that the disease so-called was inflammation of the stomach. The old-time doctors, however, and people generally, stoutly maintained the contrary, and advanced both evidence and argument that could not be refuted. Since 1866 but few cases of milk-sick have been heard of in this or in neighboring counties. With the ditching and cultivation of the lands supposed to be inflicted with the disease, or its germs, it gradually disappeared.
At the session of the legislature of 1872-78, A. J. Rich- ardson, of Union township, had a petition presented to that body, asking that he be properly rewarded for disclosing the cause of milk-sick. The petition was introduced by Hon. J. (). Hardesty, then representative from the counties of Madi- son, Henry and Hancock, but was not granted. Mr. Rich- ardson subsequently wrote a long article and published it in the . Democratic Standard, in which he claimed that after much investigation and experimenting with certain kinds of vegetation he was satisfied that the disease was caused from the animals eating what is known as " white top " or snake root. It was not very long after the publication of the article that Mr. Richardson died. He was a gentleman of intelligence and at one time served the people of his township as Justice of the Peace.
CHAPTER XXXIII.
ANDERSON TOWNSHIP FROM ITS EARLIEST SETTLEMENT TO THE PRESENT TIME.
Much has necessarily been said in previous pages con- cerning this township, as it contains within its boundaries the seat of justice of the county. But it is our purpose to give here, and in the histories of the various townships that follow, the details of such local matters as properly belong to the townships alone.
Anderson township has an area of 36 square miles, an acreage of 23,017, and lies a little south of the geographical center of the county. It is well watered, and in the early history of the township was heavily timbered. White river passes through the township, entering at about the center on the east, flowing in a north-westerly course through the county. Killbuck creek enters the township on the north- east and empties into White river at Anderson. Green's branch also flows through a portion of the township. It rises three miles south-west of Anderson and empties into White river on the north-west, passing through the west part of the city. The surface of the township is generally level and fairly fertile, although in the latter respect it has no advan- tage over the other townships in the county. The history of the township is essentially the history of Anderson, as it was at this place and in its immediate vicinity that the first set- flers located, forming the nucleus of the present population.
The first settlers made their appearance in the township in the year 1820, and the best information obtainable indicates that John Berry and family were the first to locate at Ander- son. William Allen settled in the township two miles east of what was to become the seat of justice of the county, about the time that John Berry located here. Others soon fol- lowed, among whom were William Stogdon, John and Christopher Davis. Colonel William Young and his brother Isaac, William Curtis, Daniel Harpold, Samue! Kinnamon, David Williams. These pioneer- were the first to locate in
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