USA > Indiana > Madison County > Historical sketches and reminiscences of Madison county, Indiana : a detailed history of the early events of the pioneer settlement of the county, and many of the happenings of recent years, as well as a complete history of each township, to which is added numerous incidents of a pleasant nature, in the way of reminiscences, and laughable occurrences > Part 23
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HISTORY OF MADISON COUNTY, INDIANA.
A DISGRACEFUL AFFAIR.
.On the night of July 31, 1891, a building occupied by Dr. Frank L. Stone and John C. Manning, of Pendleton, was destroyed by being blown up by dynamite. Luckily no one was in the house at the time and no personal injury resulted. The outrage was supposed to have been perpetrated on ac- count of Mr. Manning, who was deputy Prosecuting Attor- ney, having made warfare upon the liquor traffic and evil doers to such an extent as to incur the displeasure of that ele- ment in the town. This version of the matter is. however, only conjecture, as no one will, perhaps, ever know the real cause of the deed, or who did the unlawful act.
ANDREW B. TAYLOR.
Andrew B. Taylor was one of the early settlers of Fall Creek township and became one of its leading lights in busi- ness, political and church affairs. He was a man of high moral character, shrewd in business, full of energy and enterprise. For many years he was the leading spirit in his locality and the magnet around which all business affairs hung. He was born in Greenbriar county, West Virginia, in 1817, and came to Madison county and located a claim near Pendleton in 1834. having traveled the entire distance on foot, carrying his bag- gage on his back. In 1839 he returned to Virginia and brought back with him his father's family. In 1847 he was married to Melvina Boston, who yet survives him and resides in the old homestead at Pendleton. He engaged in milling and buy- ing grain, first having run what is known as the Falls Mills and afterwards the First National Mill. In 1859 he owned and operated a flouring mill at Huntsville and carried on buy- ing and selling grain in what was known as the City Mills. In 1867 he bought the Zubelin Warehouse, which he owned and occupied as a grain establishment until the time of his death in September, 1873. He organized the Farmers Bank of Pendleton in 1872, of which he was president and general manager, until his demise. In 1875 he built the Taylor Block and moved his bank into one room, which is now occupied as a banking house by the present owners of that institution. At the time of Mr. Taylor's death he was agitating the question of building a railroad from Noblesville to Newcastle by the way of Pendleton, and had succeeded in creating quite an in- terest in this undertaking, which, however, died away after his death. The decease of Mr. Taylor was long felt by the
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HISTORY OF MADISON COUNTY, INDIANA.
farming community of Pendleton and vicinity, as he was very accommodating to his friends and extended many favors to the farmers of that locality, by way of advancing money upon their growing crops and doing many other good acts which many others in like circumstances would not have done.
His remains were deposited in the Falls Cemetery and were followed to their last resting place by one of the largest funeral processions that was ever seen in that section of the county.
DEATH OF DOCTOR JOSEPH STEPHENSON.
Dr. Joseph Stephenson was for many years a resident of Pendleton, being one of the oldest and most influential farm- ers in that part of the county, as well as a leading physician. He was born in Warren county, Ohio, in 1819, and died in Pendleton on the 16th of March, 1886. He came to Madison county about the year 1835, and worked on a farm for a time, studying medicine in his leisure moments, attending lectures, and then graduated from the Medical College at Cincinnati in 1850. He then settled in Pendleton in the practice of his profession, where he remained for the rest of his life.
He was married to Josephine Boston, May 1, 1850, who yet survives him and is residing at Pendleton. Doctor Ste- phenson was very frugal in his habits, although one of the best livers in Madison county, and after giving his children a good education he had quite a large fortune left, which came into their possession after his death. Ile was a member of the Methodist Episcopal Church, in which he was very prom- inent.
His remains were interred in the Falls Cemetery near the place of his home.
DEATH OE ANDREW K. ROCKENFIELD.
Andrew K. Rockenfield, the subject of this sketch was for many years a resident of Fall Creek township, and was prominent in social and business circles. In 1878 he was elected Coroner of Madison county, which position he held until the time of his death, which took place on the 17th of January, 1879.
He was born in Miamisburg, Ohio, April 1, 1825, and came to Huntsville, in 1849, with Aaron Mullendore, with whom he learned the trade of tanner and currier. He was married to Miss Celia A. Campbell, the sister of D.
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.HISTORY OF MADISON COUNTY, INDIANA.
WV. Campbell, who died recently in Anderson. She, how- ever, lived but a short time. He was again married on the 23d of December, 18C3, to Miss Deborah W. Darragh, with whom he lived until the time of his death, and who sur- vives.him. Mr. Rockenfield was of a very generous disposi- tion and genial in his nature. He had but little disposition to acquire property so long as his wants were supplied. He was always ready and willing to share with his friends what- ever he had. He was a member of the Wesleyan Church at Pendleton, where his funeral took place under the direction of Rev. J. A. Dobson, of Muncie. His remains were followed to the grave by a large concourse of friends, and were depos- ited in the Huntsville Cemetery.
THE INDIAN MURDERS IN 1821.
To write a history of Madison county without giving an account of the murder of the Indians, in the early days of our
THIE FALLS OF FALL CREEK NEAR PENDLETON.
commonwealth, would be doing history an injustice. This occurrence took place so long ago that it is impossible for one of the present day to tell the story, in anything like an intelligent manner without drawing almost wholly from what has already been said about it by other- who were living here at the time. There are but few now living who. personally, know anything about the details of this bloody affair. Mr.
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HISTORY OF MADISON COUNTY, INDIANA.
James Hollingsworth was a resident of the county at that time, but was quite young, and knows but little of the facts outside of what one so young would naturally get from hear- ing older folks in the neighborhood say about it. The kill- ing took place in Adams township, in the early springtime of 1824. The Indians who were killed were not warlike say- ages, but a small band of hunters who had pitched their tents, hunting and trapping. The tribe of Indians who had orig- inally lived in Madison county had all left here and gone to reservations set apart for them by the Government. It was, perhaps, not thought to be such an awful thing to kill an Indian, at that time, or, perhaps, this deed would never have been done. The county of Madison had but barely been organized, and law and order had scarcely been established at that time.
Oliver H. Smith, one of Indiana's brightest legal lights. assisted in the trial and made notes of it. At this time, since the actors have all passed off the stage, no better account of this notable event could be given, than to reproduce his ac- count of it, given in his "Early Reminiscences of Indiana " as follows :
At the time of the Indian murders on Fall creek, the country was new and the population scattered here and there in the woods. Game was plenty, and the Indian hunting grounds had not been forsaken by several of the tribes. The white settlers felt some alarm at the news of an Indian en- campment in the neighborhood, and although they were all friendly, a watchful eye was kept on all of their movements. The county of Madison had just been organized. Pendleton. with a few scattering houses at the Falls. was the seat of the new county. Anderson, on White river, was a small village. Chesterfield and Huntsville were not then heard of. There were only a few houses between Indanapolis and the Falls, and still fewer in other directions from the capital. Early in the spring of 1824, a hunting party of Seneca Indians, con- sisting of two men, three squaws, and four children, encamped on the east side of Fall creek, about eight miles above the Falls. The country around their camping ground was a dense, unbroken forest. The principal Indian was Ludlow, and was said to be named for Stephen Ludlow, of Lawrenceburgh. The other man was called Mingo. The Indians commenced their season of hunting and trapping, the men with the guns, and the squaws setting the traps, preparing and cooking the
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HISTORY OF MADISON COUNTY, INDIANA.
game, and caring for the children-two boys some ten years old, and two girls of more tender years. A week had rolled around, and the success of the Indians had been very fair, with better prospects ahead, as the spring was opening, and rac- coons were beginning to leave their holes in the trees in search of frogs that had begun to leave their beds in the muddy bot- tom of the creeks. Ludlow and his band, wholly unsuspicious of harm, and unconscious of any approaching enemies, were seated around their camp fire, when there approached through the woods, five white men-Harper, Sawyer, Hudson, Bridge, Sr., and Bridge, Jr. Harper was the leader, and stepping up to Ludlow, took him by the hand and told him his party had lost their horses, and wanted Ludlow and Mingo to help find them. The Indians agreed to go in search of the horses. Ludlow took one path, and Mingo another. Harper followed Ludlow, Hudson trailed Mingo, keeping some fifty yards be- hind. They trailed a short distance from the camp, when Harper shot Ludlow through the body. He fell dead on his face. Hudson on hearing the cracking of the rifle of Harper, immediately shot Mingo, the ball entering just below the shoulders and passing clean through his body. Mingo fell dead. The party then met and proceeded to within gunshot of the camp. Sawyer shot one of the squaws through the head. She fell and died without a struggle. Bridge, Sr., shot another squaw, and Bridge, Jr., the other squaw. Both fell dead. Sawyer then fired at the oldest boy, but only wounded him. The other children were shot by some of the party. Harper then led on to the camp.
The three squaws, one boy and two little girls lay dead, but the oldest boy was still living. Sawyer took him by the legs and knocked his brains out against the end of a log. The camp was then robbed of everything worth carrying away. Harper, the ring leader, left immediately for Ohio and was never taken. Hudson, Sawyer, Bridge, Sr., and Bridge, Jr., were arrested, and when I first saw them they were confined in a square log jail.
I entered with the Sheriff. The prisoners were all heavily ironed and sitting on the straw on the floor. Hudson was a man of about middle size with a bad look, dark eye and bushy hair, about 35 years of age in appearance. Sawyer was about the same age, rather heavier than Hudson, but there was noth- ing in his appearance that could have marked him in a crowd, as any other than a common farmer. Bridge, Sr., was not
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HISTORY OF MADISON COUNTY, INDIANA.
much older than Sawyer; his head was quite gray, he was above the common height. slender and a little bent while stand- ing. Bridge, Jr., was some 18 years of age, a tall stripling. Bridge, Sr., was the father of Bridge, Jr., and the brother-in- law of Sawyer.
The news of these Indian murders flew upon the wings of the wind. The settlers became greatly alarmed, fearing the. retaliatory vengeance of the tribes and especially of the other tribes of the Senecas. The facts reached Mr. John Johnston at the Indian Agency at Piqua, Ohio. An account of the murders was sent from the Agency to the War Department at Washington City. Colonel Johnston and William Conner visited all the Indian tribes, and assured them that the Gov- ernment would punish the offenders, and obtained the prom- ises of the chiefs and warriors that they would wait and see what their " Great Father " would do before they took the matter into their own hands. This quieted the fears of the settlers, and preparation was commenced for the trials. A. new log building was erected at the north part of Pendle- ton, with two rooms, one for the Court and the other for the Grand Jury. The Court room was about twenty by thirty feet with a heavy " puncheon " floor, a platform at one end, three feet high, a bench for the Judges, a plain table for the clerk, in front, a long bench for the counsel, a little pen for the prisoners, a side bench for the witnesses, and a long pole in front, substantially supported, to separate the crowd from the court and bar. A guard by day and night was placed around the jail. The court was composed of Win. W. Wick, Presiding Judge, Samuel Holliday and Adam Winsell, asso- ciates. Judge Wick was young on the bench but with much experience in criminal trials. Judge Holliday was one of the best and most conscientious men I ever knew. Judge Winsell was a blacksmith, and had ironed the prisoners; he was an honest, rough, frank, illiterate man, without any pretentions to legal knowledge. Moses Cox was the Clerk; he could barely write his name, and when a candidate for Justice of the Peace at Connersville, he boasted of his superior qualifica- tions : " I have been sued on every section of the statute and know all about the law, while my competitor has never been sued and knows nothing about the statute." Samuel Cory, the Sheriff, was a fine specimen of a woods' Hoosier. tall and strong boned, with hearty laugh, without fear of man or beast, with a voice that made the woods ring as he called the jurors 49
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HISTORY OF MADISON COUNTY, INDIANA.
and witnesses. The county was thus prepared for the trials. In the meantime the Government was not sleeping. Colonel Johnston, the Indian Agent, was directed to attend the trials to see that the witnesses were present and to pay their fees. Gen. James Noble, then a United States Senator, was employed by the Secretary of War to prosecute, with power to fee an assistant. Philip Sweetser, a young son-in-law of the General, of high promise in his profession, was selected by the General as his assistant ; Calvin Fletcher was the regular prosecuting attorney, then a young man of more than ordinary ability, and a good criminal lawyer. The only inn at Pendleton was a new frame house near the creek, still standing by the side of the railroad bridge.
The term of court was about being held. The Sunday before the term commenced the lawyers began to arrive, and, as was the custom in those days, they were invited out to dine on the Sabbath by the most wealthy citizens, as a favor and compliment, not to the lawyers, but to their hosts. We had a statute in those days imposing a fine of one dollar on each person who should "profanely curse, swear, or damn," and making it the duty of all judges and magistrates to see that the law was enforced upon offenders in their presence. Judge Holliday invited Calvin Fletcher, the Circuit Prosecuting At- torney, and his Indianapolis friend, Daniel B. Wick -the brother of the Judge - to dine with him. The invitation was accepted, of course, there being no previous engagement in the way. Dinner was announced. Judge Holliday asked a " blessing " at the table-Mr. Fletcher declining. The Judge had killed a fat goose for the extraordinary occasion, which was nicely stuffed with well-seasoned bread and onions, and placed in the center of the table. Mr. Wick, who was not a church member, fixed his eye upon the goose and said, by way of compliment -
" That is a damned fine goose, Judge."
" Yes, it is a fine goose, and you are fined a dollar for swearing."
Not a word more was spoken at the table. Dinner over, Judge Holliday said -
"''Squire Wick, pay me the dollar."
" I have not a cent with me, Judge."
" Perhaps Mr. Fletcher will lend it to you," suggested the Judge.
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HISTORY OF MADISON COUNTY, INDIANA.
" I really have only enough with me to pay my tavern bill," said the Prosecuting Attorney.
" What is to be done?" asked the Judge.
" Lend him the money, Judge," responded Fletcher, "and take his note, or bind him over to the court."
" I'll bind him over-you'll go his security?" replied Judge Holliday, with a query.
" The rules of the court forbid lawyers from going secur- ity for anyone," responded the Prosecutor, " but you can go it yourself : just draw the recognizance that ' Daniel B. Wick and Samuel Holliday, Associate Judge of the Madison Cir- cuit Court, acknowledge themselves to be indebted to the State in the penalty of twenty-five dollars each for the appearance of Daniel B. Wick at the next term of court to answer.'"
The reasonable proposition of Mr. Fletcher was at once accepted by all parties. The recognizance was taken in due form and forfeited at the next term, by the absence of Mr. Wick. Judgment was rendered against Judge Holliday for twenty-five dollars. A petition to the Governor was drawn up and signed by the whole bar ; a remittance soon followed.
The trial of Hudson commenced the next day after the Sabbath dinner at Judge Holliday's. A number of dis- tinguished lawyers were in attendance from this State, and several from the State of Ohio. Among the most prominent I name General James Noble, Philip Sweetzer, Harvey Gregg, Lot Bloomfield, James Rariden, Charles II. Test, Calvin Fletcher, Daniel B. Wick and William R. Morris, of this State; General Samson Mason and Moses Vance, of Ohio. Judge Wick being temporarily absent in the morning, Will- iam R. Morris arose and moved the Associate Judges :
.
" I ask that these gentlemen be admitted as attorneys and counsellors at this bar ; they are regular practitioners, but have not brought their licenses with them."
" Have they come here to defend the prisoners? " asked Judge Winsell.
" The most of them have."
" Let them be sworn ; nobody but a lawyer would defend a murderer."
Mr. Morris-"I move the court for a writ of habeas corpus, to bring up the prisoners now illegally confined in the jail." Judge Winsell-" For what?" "A\ writ of habeas corpus." " What do you want to do with it?" .. To bring up the prisoners and have them discharged." "Is there any
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HISTORY OF MADISON COUNTY, INDIANA.
law for that?" Morris read the statute regulating the writ of habeas corpus. " That act, Mr. Morris, has been repealed long ago." "Your honor is mistaken ; it is a constitutional writ, as old as the Magna Charta itself." " Well, Mr. Morris, to cut the matter short, it would do you no good to bring out the prisoners. I ironed them myself, and you will never get them irons off until they have been tried, habeas corpus or no habeas corpus." Pecuria " motion overruled." Judge Wick entered and took his seat between the two side judges. " Call the grand jury." All answer to their names and are sworn. Court adjourned for dinner. Court met ; the grand jury brought into court an indictment for murder drawn by
Mr. Fletcher against Hudson. Counsel on both sides- " Bring the prisoners into court." The Court-" Sheriff, put in the box a jury." Sheriff-" May it please the Court, Dr. Highday just handed me a list of jurors to call on the jury." Judge Wick-"Bring Dr. Highday into Court." "Did your honor wish to see me?" "Dr. Highday, is this your hand- writing?" " I presume it is." "Dr. Highday, we have no jail to put you in, the one we have is full ; hear your sentence : It is the judgment of the Court that you be banished from these court grounds till the trials are over. Sheriff, see the judgment of the Court carried strictly into execution."
I digress to give the scene in court, published by General Sampson Mason, in a Springfield, Ohio, paper. "As I entered the court-room the Judge was sitting on a block, par- ing his toe nails, when the Sheriff entered, out of breath, and informed the Court that he had six jurors tied, and his deputies were running down the others." General Mason, with all his candor, unquestionably drew upon his imagination in this instance.
Hudson, the prisoner, was brought into court by the deputy sheriff and two of the guard. Ilis appearance had greatly changed since I first saw him in the log pen with his comrades in crime. He was now pale, haggard and down- cast ; and with a faltering voice answered upon his arraign- ment, "Not guilty." The petit jury were hardy, honest pioneers, wearing moccasins and side knives. The evidence occupied but a single day and was positive, closing every door of hope to the prisoner. The Prosecuting Attorney read the statute creating and affixing the punishment to homicide, and plainly stating the substance of the evidence. He was fol- lowed for the prisoner in able, eloquent and powerful speeches,
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HISTORY OF MADISON COUNTY, INDIANA.
appealing to the prejudice of the jury against the Indians, relating in glowing colors the early massacres of white inen. women and children by the Indians ; reading the principal in- cidents in the history of Daniel Boone and Simon Kenton ; relating their cruelty at the battle of Blue Licks and Bryant's Station, and not forgetting the defeat of Braddock, St. Clair and Harmar. General James Noble closed the argument for the State in one of his forcible speeches, holding up to the jury the bloody clothes of the Indians, and appealing to the justice, patriotism and love of the laws, not forgetting that the safety of the settlers might depend upon the conviction of the prisoners, as the chiefs and warriors expected justice to be done.
The speech of the General had a marked effect upon the Crowd, as well as the jury. . Judge Wick charged the jury at some length, laying down the law of homicide in its different degrees and distinctly impressing upon the jury that the law knew no distinction as to nation or color : that the murder of an Indian was equally as criminal in law as the murder of a white man. The jury retired, and the next morning brought into court a verdict of "guilty of murder in the first degree." Motion for a new trial was overruled. The prisoner was brought into court and sentence of death pronounced in the most solemn manner by Judge Wick. The time for the execu- tion was fixed, as is usual, for a distant day. In the mean- time Hudson made his escape from the guard one dark night, and hid himself in a hollow log in the woods, where he was found and arrested.
Time rolled on, the fatal day for the execution arrived. Multitudes of people were there. Among them were seen several Senecas, relatives of the murdered Indians. The gal- lows was erected just above the Falls. on the north side. The people covered the surrounding hills, and at the appointed hour Hudson, by the forfeiture of his life, made the last earthly atonement for his crimes.
Such was the result of the first case on record in America . where a white man was hung for killing an Indian. The other cases were continued until the next term of the court, and will be the subject of a distinct sketch.
TRIAL OF SAWYER.
Monday morning came. Court met. Judge Eggleston, in fine health, on the bench in the center ; Adam Winsell on
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HISTORY OF MADISON COUNTY, INDIANA.
his left, and Samuel Holliday on his right ; Moses Cox at the Clerk's desk, Samuel Cory on the Sheriff's platform, and Colonel John Berry, captain of the guard, leaning against the logs. The grand jury was called, sworn and charged, and court adjourned for dinner. In the afternoon the evidence of the main witness was heard. I had prepared the indictments in my office and had them with me. The foreman signed the bills on his knee, and they were all returned into court before adjournment. That night Colonel John Johnston, the Indian Agent, called at my room and offered me $100 on behalf of the United States. I informed him that I was a State officer and could not accept the money, however tempting it might be under the circumstances.
The court met in the morning. We agreed to try Sawyer first for shooting one of the squaws. The prisoner was brought into court by the Sheriff. He appeared so haggard and changed by his long confinement that I scarcely knew him. The court room was crowded. General James Noble, Philip Sweetser and myself for the State ; James Rairden, Lot Bloom- field and William R. Morris for the prisoner. Judge Eggles- ton-" Sheriff, call the petit jury." Judge Winsell-" Sher- iff, call 'Squire Makepeace on the jury, he will be a good juror ; he will not let one of these murderers get away." Judge Eggleston, turning to Judge Winsell-" This will never do. What ! the Court pack a jury to try a special case?" The jury was soon impanelled. The evidence was conclusive that the prisoner had shot one of the squaws at the camp with his rifle after the killing of Ludlow and Mingo by Harper and Hudson. The jury were a hardy, heavy-bearded set of men, with side knives in their belts and not a pair of shoes among the whole of them ; all wore moccasins.
Mr. Sweetser opened for the State with a strong matter- of-fact speech ; that was his forte. He was followed in able speeches by Mr. Morris and Mr. Rairden for the prisoner. General Noble followed for the prosecution with a powerful speech. The General was one of the strongest and most effect- ive speakers before a jury, or a promiscuous assembly, I have ever heard. The case went to the jury under an able charge from Judge Eggleston, and Court adjourned for dinner.
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