USA > Indiana > Madison County > Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the. > Part 55
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John B. Kinnard was a native of Pennsylvania, born and reared in Westchester, his present place of abode. His brother, William M. Kinnard, was in those days the editor of the Anderson Herald. and John B. was acting as city editor.
From some cause the Herald had singled out Shinn from among others who pursued the same occupation that he did, and waged a relentless warfare on him through the columns of the paper, giving him the name of " Fakey " Shinn. In allud- ing to Shinn, the paper would not use his proper name, but always applied to him the name of " Fakey."
Shinn had prior to this affair been mixed up in some shady transactions with one Ithamer McCarty, in which, it is said, that Shinn had " buncoed " McCarty out of a consider- ble sum of money, and was arrested and placed on trial for the offence. This was often alluded to by the Herald in its attacks on Shinn, also many other transactions which Shinn was alleged to have been connected with. The matter was kept up to such an extent that Shinn became desperate, and Kinnard being city editor was thought to be the writer, and without any warning whatever, upon meeting Kinnard in the bar-room of the Doxey House on the day above men- tioned, drew a pistol from his pocket and fired. The ball grazed Kinnard's head, for a moment dazing him and almost felling him to the floor.
Shinn at once fled from the scene, but was subsequently arrested by the City Marshal and indicted by the Grand Jury on the charge of assault and battery with intent to kill. At his trial in the circuit court, Shinn was convicted and sentenced to the penitentiary for a term of five years. He was vigorously prosecuted by the Hon. Thomas B. Orr, prosecuting attorney. Mr. Orr was assisted by the Hon. Charles I .. Henry, now member of Congress from this district.
The defense was conducted by the Hon. Winburn R. Pierse, Howell D. Thompson, and Calvin D. Thompson. The case was tried before the Hon. Eli B. Goodykoontz, Judge of the Madison Circuit Court.
When Shinn had served about two years of his sentence he was, through the efforts of his friends and by the kindness
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of heart of James D. Williams, Governor of Indiana, released from imprisonment on account of ill health. He returned to Anderson, resided here for several years and died of consump- tion ..
It was doubted by many at the time of Shinn's trial whether he deserved so severe a sentence, and it was freely asserted by certain citizens who were acquainted with the cir- cumstances in the case that he should have been acquitted.
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CHAPTER LXV.
MISCELLANEOUS INCIDENTS AND REMINISCENCES.
A MYSTERIOUS DISAPPEARANCE.
During the early part of the war a man by the name of McCloskey kept a saloon on North Main street, in Anderson, on the ground at present occupied by the Terhune block be- tween Ninth and Tenth streets. He did a good business and accumulated considerable real estate, being possessor of the lot and building upon which he carried on his business. He was also the owner of an excellent piece of property at the corner of Thirteenth and Main streets, now owned by Dr. J. N. Hilligoss.
McCloskey had a wife and a step-son whose name was John Dunlap, who lived with him.
Some time during the year 1863 or 1864, he mysteriously disappeared and nothing has been seen or heard of him in this community since. It was thought by some that he had gone to a distant city and been foully dealt with or that he had come to an accidental death, but no one ever knew of his whereabouts or what had befallen him. After the striking of gas in Anderson and the city had commenced to put on " airs" the old buildings that stood between Ninth and Tenth streets on the east side of Main, were torn down and gave way to the present brick structures. In digging the cellar beneath one of the buildings in 1888, a human skeleton was unearthed. No one could give an account of why it should have been depos- ited there as no burying ground had existed in that locality to the knowledge of even the oldest settlers. This mysterious affair set the tongues of gossips wagging and it was said by many that it certainly must be the skeleton of McCloskey, but no evidence was at hand to demonstrate that McCloskey had been killed by anyone in this community, nor was there anything found to cast suspicion upon anyone.
After his disappearance Mrs. McClosky having remained a widow for a period of two years became the wife of " San- dy " Carr, with whom she lived, and who carried on the sa-
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loon business in the block occupied by her former husband. During her widowhood, to make it certain that there would be no mistake in her re-marriage, she applied for a divorce in the Madison Common Pleas Court, which was granted by Hon. William R. West, then judge of the Seventeenth Com- mon Pleas District. In her application she stated the facts of McCloskey's disappearance ; that he had abandoned her, and that his whereabouts were unknown to her, and also said that he was the owner of the real estate above mentioned and that she was his sole surviving heir, there being no issue by their marriage. She therefore claimed the title to the real estate, which the court accordingly decreed to her. Some question was afterward raised as to the validity of the title to the prop- erty, from the fact that the Common Pleas Court did not have jurisdiction in cases where the title to real estate was involved; but in a later proceeding brought in the Circuit Court to quiet title a verdict was granted in favor of the owners by purchase under Mrs. McCloskey. She afterward separated from Carr and drifted away from Anderson to Hamilton county where she may now be living for aught the writers know.
Sandy Carr, her husband, is yet alive and was in Ander- son only a short time ago.
To this day whatever became of McCloskey is a mystery and it, perhaps, will always remain so.
ARRESTED FOR FORGERY.
George L. Wilson, a young man residing seven miles west of Anderson, in Lafayette township, was placed under arrest on the 9th of September, 1887, for forging the name of John W. Closser, a well-to-do farmer in that neighborhood, and for attempting to procure funds upon the forged paper at the Exchange Bank. During the Madison County Fair a note was presented to one of the officers of the bank who examined it and became satisfied that the signature of John W. Closser was not genuine. Making some excuse to Wilson he was told to return in the afternoon and the note would be cashed for him. It had been ascertained in the meantime that Closser was in the city attending the fair. A messenger was sent for him and upon examination of the note he denounced it as a forgery.
William A. Kittinger was at that time Prosecuting At- torney of the county, and was at once notified of the affair. He in company with the City Marshal concealed themselves
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in the rear end of the bank, and when young Wilson returned for. the money he was invited to take a seat in the back room while the clerk would compute the interest. As soon as he had closed the door behind him, he was placed under arrest by the Marshal, who accused him of the crime. The young man immediately broke down and confessed that the note was a forgery, but claimed that another party had committed the deed and had sent him after the money. The Circuit Court was then in session, being presided over by Hon. David Moss, of Noblesville. Wilson was placed in jail and an indictment returned against him by the grand jury on the following day. He was at once placed on trial. He made but little defense, but his attorney plead for him on account of his youth. Judge Moss found him guilty of the crime of forgery, but in conse- quence of his youthful appearance and his apparent ignorance of the enormity of the crime, and as this was his first offense, after pronouncing him guilty, gave him a good lecture and turned him loose on his good behavior. He immediately left the county and went to his people, who resided somewhere in Illinois, and has since that time never been seen in this vicinity.
GEORGE FRANCIS TRAIN VISITS ANDERSON.
In the days of the old Union hall, George Francis Train, the renowned lecturer, editor, politician and theologian, de- livered one of his peculiar lectures in that once popular place of amusement. Thomas N. Stilwell was then Anderson's great man. In his meanderings through social and political life he in some way met George Francis Train and was struck with his peculiar style. In the parlance of to-day, he was " stuck " on him.
Tom Stilwell, whether at home or abroad, always put Anderson down as the greatest town on earth. Ile loved the place and loved its people, and the people loved him. In order to give Anderson a taste of first-class literature, and an exam- ple of fine ability as an orator, Stilwell invited Mr. Train to visit him at his home, and while in the city to give the people a lecture at Union hall.
The time arrived and Mr. Train was on hand, with long, flowing locks and dressed in a black velvet suit of clothes, with diamonds in his shirt front and glittering on his fingers. In his full prime of life, he was one to be admired. He was as restless as a hyena, prancing from one side of the room to the
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other, greeting his callers with a warm grasp of the hand, in- forming each one that the people would arise, throw off the yoke of bondage and oppression, and, with a spontaneous out- burst, elect George Francis Train the next president of the United States.
It was evident from his actions at that time-1871-that he was strongly bordering on to " crankism," afterwards de- veloping into a full-blown crank.
The time arrived for him to go to the hall to deliver his lecture ; he was escorted there by a committee of prominent citizens. Stilwell, being the lion of the occasion, was to in- troduce Mr. Train to the audience. Mr. Train and his escort had arrived at the hall and were behind the curtain. Stilwell, for some cause, was late in getting in. Mr. Train wanted to get out of the city on an out-going train, and his time was growing short. He walked back and forth on the stage like a roaring lion, giving Stilwell the very devil for not coming. Finally Stilwell put in an appearance and up went the curtain. Stilwell stepped to the front, and in his happy style, placed his famous guest before the audience. Mr. Train pranced out like a wild man let out of a cage, and thrusting his hand through his shaggy hair, he commenced :
"Fearless in war and peerless in state, He who waits for Stilwell, takes the train too late."
From thenceforward, he held the audience for two hours in breathless silence ; he demonstrated to a dead certainty by chalk and blackboard, that before the expiration of twenty years from that date, Lake Michigan would rise so far above its level, as it then stood, that Chicago would be submerged and wiped from the face of the earth. No one believed it, but he made it so plausible that he held them all down in silence.
Ile wound up by nominating himself for president in 1872, and stood at the door going out, to give every one a chance to shake hands with the next president. And so ended the visit of George Francis Train to Anderson.
" MAM TAH," THE FIRST NEGRO IN MADISON COUNTY.
Away back, perhaps as early as 1823, a family removed to Indiana, and settled in the wilds of Madison county, by the name of Tharp. They were well-to-do people, being able to own slaves in the state from whence they came. Among the
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body servants owned by them, was a family favorite, a colored woman-" Mam Tah."
They brought her along with them and she lived and died in the service of the family. She attained the advanced age of 105 years. Indiana being a " free state," and slavery being prohibited, she could at any time, have left her old mas- ter and mistress, but she was so attached to them that she clung to them as long as they lived.
As she grew old she became childish and nearly blind, and would follow the folks around like some petted animal. She was a great worker, and was never satisfied unless at some kind of work. She was unable to do any work that was of benefit to her master ; but in order to keep her employed, she was pro- vided with an old basket that had no bottom in it. She would go to the chip pile and gather up chips and put into the basket, until she thought it was full, then start to the house with the basket, as well satisfied as if it was filled with chips. This she would go through with from morning till night, putting in her time, as she thought, for the benefit of those who had kept her all these years. The Tharp family owned what has for many years been known as the " old Jackson " farm, on which is now situated a beautiful suburb to Anderson.
They built and occupied the old brick house, that has since been remodeled and made into a handsome residence, known as the old Jackson homestead, that stands on the hill between Twelfth and Thirteenth streets. There this old col- ored woman ended her life. Out of this farm was laid off a spot of ground for church purposes, to which, as was usual in those days, a " graveyard " was added. The " graveyard" was between Eleventh and Twelfth streets, west of Delaware, extending west to the west line of D. W. Storer's grounds. This served many years as Anderson's cemetery, many of the older citizens being buried there. Their bodies have since been disinterred and removed to the new cemetery across the river. The old graveyard is now covered over with handsome residences.
The old M. E. Church then stood on the lot east of the Storer mansion, between that and ex-County Auditor John E. Canaday's residence. Old "Mam Tah " died many years age, somewhere between 1849 and 1855. At that time there was great prejudice against the colored people. They were scarcely recognized as human beings and thought unfit for the
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society of the whites, while alive, and not allowed when dead to be buried beside the white people. Many people of that day did not believe that a negro had a soul. When the angel of death summoned " Mam Tah," and her spirit departed, there were objections raised to interring her body in the grave- yard with the whites, so her friends took her body and buried it just outside of the old graveyard on the Tharp farm, and while her spirit is now in the realms of the departed, her body lies in an unmarked grave, the ravages of time having long since obliterated it. She was, perhaps, the first colored per- son who ever lived in Madison county. The old inhabitants disagree as to who came here first, she or old " Black Jess," an old colored man who lived here for many years and was a curiosity to many white people when he first came. Old "Black Jess " has long since gone where all " good niggahs go."
ST. TAMMANY'S DAY.
The first observance of St. Tammany's day in Madison county took place in Anderson on Sunday, the 10th of May, 1896, when every tribe of Red Men in the city and many members from surrounding towns took part.
A street parade took place at 2 o'clock in the afternoon, in which bands of music discoursed lively airs, to which the braves kept time with steady tread. The line of march was kept up until they reached the cemetery, where an address was delivered by Judge Alfred Ellison and Mayor M. M. Dunlap, after which the graves of the fallen chiefs, warriors, and huntsmen, whose spirits have departed and gone to the " happy hunting ground," were profusely strewn with flowers.
" Buffalo Bill's " wild west show was stopping over Sun- day in the city, and the Indians with his company took part in the street pageant, making a decided impression in their gaudy and picturesque apparel. They seemed deeply im- pressed with the ceremonies. Anderson in this proceeding has, perhaps, witnessed what no other city has, a real Indian procession on an occasion of this kind. Large numbers of people from the surrounding country witnessed the parade and exercises incident thereto.
BURNING OF THE BIG FOUR DEPOT.
On the night of the 27th of February, 1873, the old " Bee Line " depot that stood at the crossing of Main street and the railroad tracks, was destroyed by fire, being the act of an in-
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cendiary. Just prior to the occurrence a handsome, well- dressed stranger made his appearance in Anderson and stopped at the Stilwell House. He wore diamonds and sported the finest of clothes. It was no time until he had society all shaken up, he was par-excellence the creature of the day. The young ladies of the city vied with each other in trying to look charming in his presence. He attended all the places of amusement, went to church and fancy balls. He had no visible means of support but plenty of money, which he freely spent among the young folks. He sailed under the name of Justinian P. Walters. He was finely educated ; had traveled all over the world, and knew all of the prominent people in the leading cities from Maine to Mexico. He was a fine talker on any subject. The leading business men sought his company and made his stay a real pleasure to him. He was "stuck " on the town ; came here to live in quiet retire: ment.
One morning about 3 o'clock the " Bee Line " depot was discovered to be on fire. It was burned to the ground with all its contents. Upon looking around it was discovered that Walters was missing. Some folks suspected that it was he who had burned the building after robbing it. A great many hooted at the idea at first, but suspicion grew stronger until the railroad officials set out to find him. Descriptive circulars were sent out all over the country after him. He had left some of his photographs with friends, which were procured and sent out to detectives. A conductor on the railroad re- membered a man filling his description getting on his train at the crossing of the Bee Line and Pan Handle, at 2 :30 o'clock, the morning that the fire took place, and rode to Cincinnati. Close watch and vigilant pursuit was made for him which re- sulted in his arrest at Crestline, Ohio, the next day after the fire occurred. A carpet sack or hand sachel was found in the depot where he was arrested, but he disowned it. He stuck to it that it was not his ; but it finally seemed to so fully iden- tify him that it caused his conviction. While he was in An- derson he wore a " storm overcoat " with a cape to it. The carpet sack was opened by the officers in which was found a number of railroad tickets and the cape to his coat or one made of the same kind of cloth. One of the tickets found was merely a stub torn off in an irregular manner, that fit to a ticket that had been taken up on the train on which he had ridden. This made a complete chain to the evidence, at least the rail-
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road people thought so, as well as did the Justice who held the preliminary hearing. He was held over and indicted by the grand jury and committed to jail, where he stayed until the June term of court following, when his trial took place.
Walters set up in defense an alibi, and to the minds of many it was clear. It was the closest question that ever occurred in a Madison county court. His conviction was purely on circumstantial evidence. No living witness saw him at the depot or knew of him being there that night. It was proven that he took the 2:30 afternoon train the day be- fore the fire to Cincinnati. Joseph Stein, who had seen him around Anderson and knew him, swore that he went to Cin- cinnati on that train and that Walters occupied the same seat with him from Anderson to the Brighton House. The. hotel register showed that he was registered at the Brighton House that night. It was also proven that he was at the same place next morning. The theory of the prosecution was that he left here on the train as proven, went to Cincinnati, stopped at the Brighton House, registered his name and immediately took the train coming back to Anderson, where he arrived about 1 o'clock in the morning. Then he went to the depot, robbed it, set fire to the building to cover his crime, then walked to the crossing and boarded the 2 :30 train again for Cincinnati, getting back there at 7 o'clock the same morning. After that he boarded a Bee Line train for Crestline, O., where he was arrested. John T. Dye, of Indianapolis, was employed by the railroad company to prosecute the prisoner.
The Hon. James W. Sansberry and Calvin D. Thomp- son defended Walters. John T. Dye made one of the best speeches in the prosecution that was ever made in Madison county. Ile is one of those close lawyers who never miss a point. His argument was so scathing that he at times made Walters. with all his effrontery, blush before the jury. Mr. Sansberry was then at his best as a lawyer and contested every inch of the ground. His able effort before the jury in winding up the case was long the talk of the Madison county bar.
The trial having resulted in conviction the prisoner was sentenced to imprisonment in the Prison North for ten years - After the adjournment of court Sheriff A. J. Ross, one even - ing, handcuffed Walters and started to prison with him. He bade all his acquaintances, who went to see him off, good-bye in a light-hearted manner and took up his journey. On the road, near the village of Walkerton, not far from the prison,
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the prisoner was sitting in the seat beside the Sheriff when someone entered the car swinging the door shut after him, but the door failed to catch and swung open again. As quick as lightning Walters sprang like a cat to the door, out on the plat- form and off into a tamarack swamp. As soon as the sheriff realized that his bird had flown, he sprang to his feet and pulled the bell cord. The train was going twenty miles an hour. As soon as it could be stopped he gave the alarm and out into the darkness he went in pursuit of his prisoner, but no trace of him could be found. He went to the village and aroused the inhabitants, who scoured the country, but never found any trace of the prisoner. The Sheriff offered a reward for his apprehension, but every resource failed. Walters is yet at large, if he is still living.
A woman claiming to be his sister, who lived in Missouri, came to Anderson to see him once or twice while he was in jail, and also one from Decatur, Illinois. Sheriff Ross got in- formation that he was skulking about the home of the woman in Missouri at one time, through Detective Rittenhouse, of Decatur. He went to the place and spent a night under a rose bush in the door yard eavesdropping and watching, with the hope of seeing Walters or hearing something of him. But he failed to find him, although there was evidence that he had been there at some time. Rittenhouse, the detective, knew Walters. Ile had made Decatur his headquarters at one time and was known to be a crook. He had at one time a lot of fine paintings and a handsome sum of money. The woman who claimed to be his sister went there as his wife. Walters' business was that of a bank swindler, and many small drafts were found upon his person issued by various banks through- out the country, and a kit of tools and acids for raising checks were among his effects. John W. Pence, now cashier of the Citizens' Bank, was railroad agent at the time of this occur- rence.
KILLING OF JAMES BENEFIEL.
On the evening of August 7, 1890, James Benefiel, a young man about twenty years of age, was shot and killed by John Davis, on old South Noble street. Benefiel and Davis' wife had been friends previous to her marriage. On the above date young Benefiel and a companion named Edward Brown visited Davis' house during the afternoon, and, the family being away, took among other things, it is alleged, a number 41
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of magazines and a revolver belonging to Davis. They went a short distance from the house and loitered around until the family returned - that is, Mrs. Davis and her mother. Soon after, Benefiel went to the gate and called for Mrs. Davis, who refused to have anything to say to him. He insisted on her coming out in the street and she finally went out in the yard and asked him what he wanted. He said he had been sent by officers to search the house. In the meantime Davis had returned home and, anticipating trouble, had gone in search of an officer. He could not find one, but borrowed a revolver and went back to his home, entering the house the back way. His wife told him to go out and see what Bene- fiel wanted. He went out and told Benefiel that someone had plundered his house, and that he wanted him to leave the premises. Benefiel muttered something and turned to go, but after taking two or three steps stopped, raised a revolver and fired, the ball taking effect in Davis' right side. Almost at the same instant Davis fired at Benefiel, the ball entering just above the left eye and passing clear through the head. Benefiel lived until half past six o'clock the next morning, when he died, having been unconscious from the moment he was shot. Benefiel lived with his parents at Elwood and was regarded as a reckless young man. His parents are highly respected. Davis was exonerated by the Coroner's jury that investigated the case. He is still living, but carries the ball in his body that was fired from his assailant's revolver. Davis is a quiet, unobtrusive man, but of undoubted courage. He was a soldier in the regular army at one time, stationed in Arizona, and had the distinction of arresting unassisted the famous outlaw, Tarbel. He has the reputation of being one of the best marksmen in Madison county.
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