USA > Indiana > Madison County > Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the. > Part 60
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In spite of this, Cummins grappled with his antagonist, and the two rolled to the ground. During the struggle, Brown, who was underneath, stabbed Cummins in the heart with a pocket knife, and death immediately ensued.
The case aroused the utmost interest, and the neighbor- hood at once took sides. The trial came off at the October term of court, 1885. It was one of the most memorable in the history of criminal cases in this county. The prosecution was conducted by D. W. Wood, and Robinson & Lovett were for the defense. The latter made a strong plea of self-defense, and, while it failed to win the jury, it stemmed the tide of popular opinion against the ac: used. A sentence for life was returned against young Brown. The case was taken to the Supreme Court, but the finding of the lower court was sus- tained.
After nearly six years of imprisonment in the Northern penitentiary at Michigan City, Brown obtained his liberty through the tireless efforts of friends and the interposition of the executive power, being paroled on the 4th of May, 1891.
The verdict of the jury which sentenced him to imprison- ment for life stood six long years, only to be annulled by the stroke of a pen in the hands of the Governor.
His friends had never given up hope of obtaining his par-
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don, and from the day the Supreme Court affirmed the de- cision of the lower court they had been tireless in their efforts to secure the exercise of executive clemency.
Petition after petition had been filed with Governor Gray and Governor Hovey. Hon. John W. Lovett, who was Luther Brown's attorney, together with Judge M. S. Robin- son, directed all the efforts looking to young Brown's release.
In getting up the petition to the Governor, eight of the jurors who returned the verdict sentencing him to imprison- ment for life signed the petition for his pardon. Judge Moss, of Noblesville, who occupied the bench during this trial, re- fused to sign it.
One of the main things that induced the Governor to ex- tend clemency to the prisoner was the fact that the prison officials gave the warmest recommendations touching his con- duct while in the penitentiary.
After being released and returning to Anderson he was utterly dumbfounded. Anderson had struck gas in the in- terim and it was altogether as much changed in its appear- ance as he had been in his personal appearance by his confine- ment. It was not the same town ; all landmarks had vanished and gone. And never was man more completely bewildered in the midst of scenes that were once familiar to him than he. Even the points of the compass had passed from his memory and he could not tell north from south.
The changes, however, in the objects around him were not any greater than the transformation in himself. He had aged in the fleeting six years of his confinement wonderfully.
The trial of this case lasted for several days and was at- tended by the entire community where the killing occurred, as well as by many of the citizens of Anderson.
The effort of Colonel M. S. Robinson, made in behalf of young Brown, was undoubtedly the effort of his life. His masterly argument still rings in the ears of all those who heard it, although his tongue is now still in death.
Hon. David W. Wood, the young and eloquent prosecu- tor, excelled all his former efforts in the prosecution of the case for the State. His effort was worthy of one older in years and the practice of law.
After serving nearly five years in the State prison young Brown was paroled by Governor Hovey and is yet living at this writing, and is said to be a peaceable and law-abiding citizen.
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SHOOTING OF THORNTON RECTOR.
John Adams was a quiet, inoffensive farmer who for many years lived in Anderson township, about three and a half miles southeast of Anderson. He was occasionally in the habit on coming to the city of getting more to drink than was good for him.
On the 19th of December, 1872, Adams with a number of friends was returning from the city, when a difficulty arose between the son of Mr. Adams and Thornton Rector. After several blows had been exchanged between the parties, Rector got up against a fence and took out a knife and warned his antagonists to stand back, telling them that if they interfered with him any further they would be hurt. John Adams, the father of the young man engaged in the fight with Rector, stepped up, and drew a revolver and pointing it at Rector, fired, the bullet taking effect in his lip, passing through his mouth and knocking out several of his teeth. After the shot was fired, Rector came back to Anderson and had his wounds dressed, and Mr. Adams went on his way home. The weapon used was a small Smith & Wesson seven-shooter, which ac- counts for the fact that so little damage was done to the re- cipient of the shot. No arrest was made for several days until the convening of the grand jury when Adams was indicted and placed under arrest by the Sheriff of the county for assault and battery with intent to kill. He immediately gave bail and was released to appear at the next term of court for trial ..
At the convening of the court, Adams attended from day to day during the proceedings; the evidence had all been ad- duced, the arguments of the counsel were made, charge deliv- ered to the jury by the Hon. Hervey Craven, Judge of the court, and the jury had retired for deliberation. The jury were out but a short time when they returned to the court room with their verdict to be read in open court. The verdict was about to be handed to the judge for publication when it was noticed by one of the attorneys for the defense that Adams, the prisoner, was absent. The sheriff called him in the Court House yard and made a diligent search in the immediate neigh- borhood, but no traces of him could be found. After the re- tirement of the jury Adams had become alarmed and had quietly got away from the scene. The question was immediately raised by the defense that it would be improper and contrary to law to publish the verdict of the jury in the absence of the
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accused and therefore moved to suppress the same. After some arguments pro. and con., the Judge sustained the motion and the jury was discharged. This was a complication that had never risen in the courts of the county and gave rise to a legal battle on the points involved. The cause was taken to the supreme court for determination of the questions raised by the defense. In the meantime A. J. Ross, sheriff of the county, had re-arrested Adams and placed him in custody again. Judge Craven admitted him to bail by his giving a bond for his appearance. At the succeeding term of the court Adams was again placed upon trial and was finally acquitted.
DEATH OF HARRY IRISH.
Harry Irish was born and reared in Pendleton and was a well respected and fine young business man who embarked in the drug business at Wilkinson, in Hancock county. At this place, it is sad to relate, he died on Sunday, the 27th day of February, 1887. He was alone at the time when he took the fatal drug, consisting of twenty drops of belladonna. During the temporary absence of his wife, about noon time, he went into the drug store, which occupied a part of the same build- ing as his residence, and procured a phial containing a drachm of belladonna, swallowed about one-third of its contents, first taking the precaution to return to his bed, he having been sick for several days. He died a few minutes afterward without speaking. He formerly had conducted a drug store at Markle- ville, in Adams township, and had moved from that place to Wilkinson about a year prior to his death. His wife was a most estimable woman, being the daughter of Dr. S. B. Mc- Crillus, of Anderson. His funeral took place at Pendleton on the Tuesday following the occurrence. His remains were in- terred in the Falls cemetery. His widow is now a resident of Los Angeles, California.
ROBBERY AT ALLIANCE.
On the 23d of January, 1894, the store of Michael Stohler, who lives in Adams township, six miles south of Anderson, on the Rushville extension of the Big Four Railway, was entered by thieves. Among other things stolen was a large amount of coffee, tobacco, cigars, sugar and miscellaneous articles, in- cluding a shot gun, amounting in value to perhaps two hun- dred dollars. The thieves had with them a two-horse wagon in which they loaded their plunder and made good their es -
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cape. Who the parties were has never been ascertained, and " who stole Stohler's gun" will in all probability always re- main a mystery.
Herron Richardson was placed on trial at the May term, 1896, of the Madison Circuit Court, for this theft, and after a long and hard fought battle was acquitted. He was prosecuted by Hon. B. H. Campbell and defended by W. A. Kittinger and G. M. Ballard.
KILLING OF JOSEPH RAILSBACK.
About half past 7 o'clock on the evening of the 8th of September, 1888, there occurred on a lonely road, three miles south of New Columbus, one of the bloodiest homicides ever perpetrated in the county. On that evening two young men, Thomas Surber and Joseph Railsback started from Pendleton ostensibly to attend a Republican meeting at Markleville. On the way they stopped at the house of a brother of Surber, liv- ing near the scene of the crime in Adams township, where they appeared to be in a friendly mood. After remaining a while at the house of his brother, Surber left accompanied by Railsback, but instead of proceeding to Markleville they went west along a country road in the direction of Pendleton. They had not gone very far when it appears that they began to quarrel, whether about politics or some other matter will never be known. It was thought, however, that the diffi- culty had its origin in a scandal in which both were involved as it was intimated by parties attending the inquest held by Coroner W. A. Hunt over Railsback's remains that rumors of that character had been in circulation in the neighborhood.
While the men were quarreling a man of the name of Joseph reedy came up, and from him the only testimony con- cerning the homicide was elicited. And his testimony was not satisfactory, as it was evident that he had either been in an intoxicated condition at the time, or so badly frightened that he could not remember what the men were quarreling about. He stated that Surber and Railsback were apparently sober, and that they had been fighting before he met them, as the former called his attention to a wound on his face where Railsback had struck him with a stone tied in a hand- kerchief. While Surber was talking Railsback again as- saulted him and the fight was resumed. Surber pulled out a knife and used it so effectively upon the person of his antagon- ist that the latter soon sank to the ground from loss of blood,
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and before assistance could be summoned, expired. Surber re- turned to his brother's house, and, after informing him what he had done, left the country. No effort was ever made to apprehend him for the reason, doubtless, that the testimony indicated that he acted in self-defense.
After an examination of Railsback's wounds had been made by the Coroner his body was delivered to his father who conveyed it to Fall Creek township, where it was properly interred.
Railsback received no fewer than a dozen stabs, nearly any one of which would have proven fatal.
Neither of the men had any social standing in that part of the county, and, aside from the stigma of the crime upon the fair name of the community, their fatal encounter caused no regret.
CHAPTER LXVII.
BOONE TOWNSHIP.
The following concerning the early history of Boone township has been kindly contributed by the Hon. J. R. Brunt, a native of the township, but at present a resident of Anderson.
" Boone township was first settled by immigrants from North Carolina. James Brunt in 1829 emigrated from that State and settled on Blue river, in Rush county, and was fol- lowed by his sons and sons-in-law later.
" In the spring of 1836 Thomas Brunt and his brother-in- law, Wright Smith, came to Madison county and selected land in what is now Boone township. They went to Fort Wayne, where the government land office was located and entered the land, paying $1.25 an acre. Smith's land was in the south part of the township on a creek ; Brunt's some two miles fur- ther north on the same creek. This creek, on account of the great quantity of blue flag, commonly called lilies, that grew along it, they named ' Lily Creek.'
Smith moved his family onto his land and lived in a tent till he cleared a ' truck patch ' and built a cabin. He was the first white man to build a home in the township.
" Brunt rented a cabin and truck patch of 'Granny' Bal- lance, in the north part of Monroe township. He moved onto his land in Boone township in January, 1837, and was the second to move into the township.
Soon after came his father, James Brunt, and another brother-in-law, John Moore, from Rush county, and located between Thomas Brunt's and Wright Smith's farms.
The first school house was built on John Moore's land and was a rude affair of rough round logs, covered with clap- boards, weighted on with weight-poles. In one end was a large fireplace, with a mud and stick chimney ; the door was made of clapboards, and there were no windows. The floor was made of dirt, pounded down, and the seats of logs split in two, with four pegs for legs. James Smith, son of Wright Smith, taught the first school.
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The first white child born. in the township was Joseph Taylor Smith, son of Wright Smith. He was the captain of .- a company in the Seventy-fifth Indiana Regiment during the war for the maintenance of the Union. He afterwards prac- ticed law in Anderson, and now resides in Manhattan, Kansas.
In 1887 and 1838 many bought lands and made homes in the township Bazilel Thomas, John and James Tomlinson and Hugh Dickey, from North Carolina ; Dudley and George Doyle and Peter Eaton, from the same State ; Robert Webster, from Delaware; John W. Forrest, Ben Sebrell and Micajah Francis, from Virginia-but mention cannot be made of all.
These early settlers depended upon their guns for all their meat. Game was plentiful. Deer and turkey were to be found everywhere, while coon and squirrel were so numerous that the pioneer had to fight both day and night for a few bushels of corn, and then take it on horse back to Pendleton to mill, taking two days to get a bushel of meal. No wonder that hominy and coarse meal pounded in a " mortar" with a pestle, was a staple article of diet.
Wright Smith, the first settler, died on his farm December 23, 1863, and Thomas Brunt December 31, 1879, both having been useful citizens, always active, honest and industrious.
These men found Boone township a wilderness. They - gave it the name of Boone ; also named the creeks, laid out the roads, helped to raise nearly all the houses and barns, and built all the first schoolhouses and churches. Providence raised them up for the times and place and their work under the circumstances was well done."
Boone township was named in honor of the famous fron- tiersman and Indian fighter, Daniel Boone. The township is bounded on the north by Grant county, on the east by Van- Buren township, on the south by Monroe township and on the west by Duck Creek township. It is six miles from the east line to the west line and five miles from the north line to the south line, containing thirty square miles.
Among the early pioneers of the township not named in Mr. Brunt's contribution to these pages, who are worthy of honorable mention, are Bryant Ellis, Enoch and Morgan B. McMahan, Eli Freestone, Elijah Ward and Ambrose Keaton, all of whom settled in the township, with the exception of Mr. Keaton, who is still alive, in 1825. From that time until 1847 they and their families constituted the population of the township. During the latter year and year following they
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HISTORY OF MADISON COUNTY, INDIANA.
were joined by William Schooley, Jesse Windsor, William Hyatt, Andrew Taggart and J. Purtee. The last named was the first white man in the township to settle on the Miami Indian Reserve. After Mr. Purtee settled there the Reserve became popular with immigrants to the township and a major- ity of them located within its borders.
EARLY EVENTS.
The first marriage was celebrated on the 18th of April, 1888. The contracting parties were Dudley Doyle and Miss Sarah Eaton.
The first death in the township was occasioned by the falling of a tree on John Huff in 1848. The second death was that of Mrs. Adam Doyle, which occurred January 21, 1844.
The first election was held September, 1843, at a log school- house near the site of what was afterward known as the Tom- linson schoolhouse. At this election Dudley Doyle and Mor- gan B. McMahan were elected Justices of the Peace for a term of five years. Peter Eaton acted as Inspector at this election by appointment.
The first Sunday School in the township was organized by the Methodists in 1853. Wright Smith was the first Su- perintendent. The second school was organized by J. W. For- rest in 1854.
PUBLIC SCHOOLS.
The first school house in the township was built in 1840, but it was not until 1853 that educational matters received much attention. During that year Thomas Brunt, Benjamin Sebrell and M. L. Overshiner, trustees at that time, caused to be erected four or five school houses at as many different points in the township. These buildings were all log structures and built upon the general plan that obtained during the pioneer period. They have all disappeared, and the school children of to-day enjoy all the conveniences of modern school build- ings, as well as the advantages of a school system that is acknowledged to be second to none in the Union.
In 1858 the school enumeration was 296; in 1874 there were 890 children of legal school age, and at the present time 414. There are nine school houses in the township, and nine teachers are employed.
CHURCHES.
Many years before a church was erected in the township the pioneers enjoyed religious exercises at their homes. Among
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HISTORY OF MADISON COUNTY, INDIANA.
the early preachers were Rev. Peter Cassel, Elder Daniel Franklin, Aquilla Purtee, Wright Smith, Rev. John W. For- rest and William Cole.
The first church organized in the township was the Meth- odist, in 1851. During that year Rev. William Boyden organ- ized a society at the home of Aaron Taffe. This society was composed of seven members. Wright Smith was selected as class-leader, and not long after built a log church at his own expense. He afterwards sold this building to the township for school purposes, and erected a substantial frame structure, which has since been known as Smith's chapel.
In 1858 a Baptist society was organized by Rev. John W. Forrest, and four years later a place of worship was erected on Mr. Forrest's farm.
STATISTICAL.
In 1850 the population of the township was 299; in 1860 it was 678; in 1870 it was 1,078; in 1880 it was 1,110, and in 1890 it was 1,325. The value of lands at the present time, as shown by the assessor's returns, is $528,225; value of lands and improvements, $584,450; total taxables, $742,405. No township in the county has made greater progress in the way . of improving lands during the past twenty years than Boone. It is one of the finest agricultural townships in the county.
PROMINENT CITIZENS.
The following citizens of the township have been elected to office in the county : Benjamin Sebrell, Sheriff, from 1860 to 1864; Thomas Brunt, Commissioner, from 1860 to 1870; James W. Thomas, Treasurer, from 1870 to 1872; Ed- ward Peters, Commissioner, from 1887 to 1893; Nathan T. Call, Treasurer, from 1884 to 1886; Timothy Metcalf, Com- missioner, from 1894 to 189 -.
FORRESTVILLE.
The site of this village was in Section 21, near the center of the township. It was selected by John W. Forrest and laid out into lots on the 24th of July, 1850. Several houses were subsequently erected, among which was a church. There was a general store and a post-office at one time. But these have all disappeared and nothing remains to indicate that such a place ever existed.
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HISTORY OF MADISON COUNTY, INDIANA.
INDEPENDENCE.
Mention is made elsewhere of this village. It is situated in four townships, two of which are in Madison, and two in Grant county. A portion of the town is in the extreme north- west corner of Boone township. But little business is done here, and it is probably only a question of time when it, like other towns that have been similarly situated, will be aban- doned.
CLARKTOWN.
This village was laid out by Benjamin Clark and is si tu- ated just across the west line of Van Buren township, in Sec- tion 13. There is no post-office here and but one small, gen- eral store
REMINISCENCES AND EARLY HUNTING INCIDENTS.
In opening up and developing the north part of the county. particularly Boone township, Thomas Brunt's cabin was al- ways selected as " headquarters " by land buyers, hunters, and the " comers and goers " generally to the new country. Mr. Brunt was well informed concerning the lands in his vicinity and was acquainted with all the tracts that had been entered. He was frequently employed by persons desiring to enter land to go to Fort Wayne and act as their agent. He would in- variably go on foot, the distance being 60 miles from his cabin to the land office. Much of the road he was compelled to travel was nothing more than what was called at that time, a " blazed trace." Houses were from three to six miles apart the entire distance. Among those who used to hunt in season and make Mr. Brunt's home an abiding place was Jesse Forkner, father of the late Samuel and Madison Forkner, of Richland town- ship. One of the sons would usually accompany the father to assist in taking care of the game. Mr. Forkner was an excel- lent marksman and well versed in woodcraft. William Scott, father of the late Daniel M. Scott, of Monroe township, also of James P. Scott, at present one of the leading merchants of Alexandria, was another of the early pioneers who used to make an annual visit to Mr. Brunt's for the purpose of hunting deer and wild turkey. Another successful hunter and trapper of that day who used to " stop " with Mr. Brunt while hunting in the north part of the county was Matthew Taylor, of Lafay- ette township. He would always go prepared for a season of enjoyment, carrying on a large gray horse his gun and ammu- nition, a " fiddle " and a three-gallon jug filled with whisky.
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Whenever it was known that "Uncle Matthew" was in the neighborhood the boys would gather at Mr. Brunt's with full assurance that they would have a good time, and it may be said that they were never disappointed.
The most successful and intrepid hunter in the north part of the county in that day was Elijah Williamson. He is de- scribed by Mr. A. J. Brunt, who has kindly contributed a share of these reminiscences, as a large, active, powerful man with an iron constitution and absolutely fearless. Frontier life was his glory and there was nothing too hazardous to turn him aside in the pursuit of game. He knew the grand old woods of that day like the experienced navigator knows the ocean. He was familiar with the habits of game and knew the habits of fur-bearing animals thoroughly, having been reared in the woods and having as associates men who had learned no lessons save those which had been taught them by nature. He was besides a practical joker and enjoyed a funny situation. He was continually playing pranks on his neighbors, particularly those who were afraid of Indians or the savage animals that infested the forest. He came from Maryland and about the same time and from the same place came another man of the name of John Blades and settled in the south-east corner of Monroe township on the Fort Wayne trace which afterwards became the Fort Wayne state road. Blades was just the op- posite of Williamson in nearly every respect. He was afraid of Indians and wolves and was ready to start at the slightest indication of danger. On account of his cowardice he was made the victim of many of Williamson's jokes. Indians would often pass through the neighborhood and frequently stop at the cabins of the settlers who always received and treated them kindly. The settlers had nothing to feed their horses and would let them run at large. Very often they would stray off and it would be reported that they were stolen by the In- dians when the latter had nothing to do with their disappear- ance.
On one occasion Williamson reported to Blades that the Indians were around stealing horses and that he would better " look out." Blades, like all the settlers, while tending his little corn patch would hitch his horse so that he could graze during dinner time. One day Williamson directed his oldest son to put on a pair of moccasins and go to the place where Blades had his horse hitched, or hobbled, and after making tracks that could be discovered to ride the animal through the
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