USA > Indiana > Posey County > History and directory of Posey County [Indiana] : containing an account of the early settlement and organization of the county : also a complete list of the tax-payers, their post-office addresses and places of residence, together with a business directory of Mt. Vernon and New Harmony also biographical sketches of prominent citizens of the county > Part 4
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Abner Coates, for $458, built the jail, a log structure, and Frederick Rappe, James Carter and others contstructed the Court House, a brick building, at Springfield, the cost of which was $3,472. Joseph Spauld- ing furnished the brick, James Carter the lumber, Elias Altizer the lime, Wm. Rogers the hardware, Charles Vandever the sand and rock, for the foundation, and Peter Saltzman was superintendent of the con-
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struction, at $1 per day. The well was dug by John Hinch, for which he was paid the sum of $25. On August 15th, 1817, Thomas E. Casselberry was allowed the sum of "seven dollars for whisky furnished at the sale of town lots in Springfield". The Court House at Spring- field was 40 feet square, two stories high, with a foundation of stone two feet thick and three feet high. The contract for building the structure was let on Monday, March 2, 1819, to Frederick Rappe, a mason by trade, who sublet the work to other parties, and it was ready for occupancy about the close of the same year. It would be inferred by the following order, of the county commisioners that the original contractors failed to complete their work: "Ordered that the contract for completing the Court House at Springfield be let to David Love, the work including a plank loft and plank door ; chimney to be chinked inside and daubed on the outside with clay mortar."
Nathaniel Huntington was the first attorney admitted to practice and the only one in 1817. The following oath was administered to attorneys and other persons at that time and for several years after- ward; "I swear I will do no falsehood, nor counsel to the doing of any in the courts of justice, and if I know of any attempt to commit any, I will give knowledge thereof to courts that it may be prevented. I will not willingly promote, or see any false, groundless or unlawful suit, nor give aid nor counsel to the same".
The first Court House built in Mt. Vernon was an unpretentious brick 40 feet square, surmounted by a very modest cupola, the narrow cornice being ornamented with wooden balls, though it seems to have been not too humble for occupancy by "families", as it was ordered by the Board of Justices, at a meeting of that body in January, 1830, that "Wm. E. Stewart (county clerk) be and he is now and from this time put into full possession of the Court House; and it is also his duty to prevent all families from living in the same from this time out; and if any family should accidentally get possession of the Court House, it is his duty to have them put out." At the same term of that Court the motion was made and it was ordered that the Sheriff (Felix Mills) be authorized and directed to proceed immediately, with force, if necessary, and clear the Court House of all families whatever." The offices were isolated, being in various quarters of the town, while the jail was a log building in the rear of the Court House. It was in the dome of the first Court House where the meetings of the fraternity of Masons were originally held, and it was here where conviviality was encouraged until their midnight orgies became a source of terror to the grand lodge of the State, and, fearing the disclosures of the secrets might be made to some "outsider", the Charter was accordingly revok - ed. John Barter, who died in Mt. Vernon in 1870, and who had charge of the "jewels" belonging to the lodge, refused to surrender
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them when demanded by that body, hoping to be able, by their pos- session, to establish another lodge, which occured a few years after- wards. The name of the first lodge was "Philanthropic, No. 36, F. and A. Y. M.," was organized in 1829 and received its Charter De- cember 29, of the same year. The following were the charter mem- bers : John T. Cook, John Carson, Aaron Bacon, John Knight, Daniel R. Jacobs, William Barter, James Alvey, R. Daniel, Lionel James Larkin, J. W. Swift and Lewis Circles. The first officers were: Lionel James Larkin, W. M .; John Carson, S. W .; John Knight, J. W. The Charter was revoked March 12, 1835. The "jewels" referred to above are used by the Masons of Mt. Vernon at this time.
The law in the early days required three judges to preside over the court, the chief and two associate Judges, who generally were men of very limited knowledge of the law, but selected because of their disposition to be impartial in their decisions and because of their established reputation for honest dealing with their fellow men. It was their duty to convene and adjourn court and to hear, in the absence of the Chief Justice, cases of little importance. Their lack of knowledge of the law and their ignorance of technical phrases very often led to ludicrous situations and awkward blunders.
The salaries of the officers of the law in those primitive days were not very large, as the judges of the Circuit Court received but $2.00 per day, the salary of the Prosecutor was $100 per year, the assessor was paid, in 1816, $42.50 for assessing all the taxable property of the county, the county clerk was allowed $23.50 for the year 1816 and the Treasurer received $50.00 for his services for the year ending De- cember, 1816.
The Hon. Isaac Blackford, the first Judge of the county and who was appointed, as successor to John Johnson, Judge of the Supreme Court, of Indiana, December 10th, 1817, holding until January 3d, 1853, related that the following occurrence actually happened in this county in the territorial days. We give it in the language of General Hovey : "He was holding court at the then town of Blackford, (now a farm), when a man was arraigned and tried for stealing a horse. After a defense by Richard Daniels, one of the ablest and most eloquent lawyers of that time in the territory, the jury returned a verdict of guilty against the prisoner, and that he receive forty-nine lashes at the whipping post, on his bare back. Daniels, for his client, moved the Court for a new trial, and the Court adjourned for dinner. During the repast, John Carson, then Sheriff of the county, took the culprit to the post and vigorously administered the forty-nine lashes. Upon the meeting of the court after dinner, Daniels arose and commenced an argument for a new trial, when the prisoner with great excitement pulled him down by the coat, saying in a mournful voice : "For God's
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sake, Dick, do stop, I've got enough already !" This was in the spirit of our present constitution, which provides that 'justice shall be ad- ministered freely without price, speedily without delay.'"
The County agent, Thos. E. Casselberry, was authorized by the Commissioners to sell lots in the town of Springfield May 17th, 1817, the lots to be sold on the following terms and conditions : "Each lot joining the Public Square to be set up at $100; all lots fronting on Main street to be set up at $20 each; all lots fronting on the back streets to be set up at $12 each, and all out-lots at the rate of $10 per acre each, on the following terms, to-wit: the purchase money to be paid in three installments, six, twelve and eighteen months credit, or one-third each payment, the purchaser giving bond and approved security at the time of sale, at which time the agent shall make a good and sufficient title to the party or parties, paying the expenses of the same." It was also ordered that "any person bidding off a lot in the town of Springfield and not complying with the articles of sale shall forfeit the sum of ten dollars to the use of the county."
Regular terms of the Circuit Court now convene on the fourth Mon- days of January, April and August. The Commissioners meet regularly on the first Monday in the months of March, June, September and De- cember, and also on the first Monday after the second Tuesday in October, for the purpose of receiving the reports of the Township Trustees and disposing of business entirely relating to the duties of those officials.
The first terms of the Commissioner's Court were held at the house of Wm. E. Hutcheson, in Marrs Township, near the former site of the town of Blackford.
A BELLIGERENT LAWYER AND THE JUDGE OF 1834.
On the 8th of March, 1834, the indignation of the members of the bar of the county was aroused by an act of one of the legal fraternity, and as a result the following document was written and placed upon the records of the court :
"The undersigned members of the bar of the Posey Circuit Court, feeling highly indignant at what they consider a most flagrant outrage upon every principle of order and decorum, as well as individual rights, in the late conduct of J. R. E. Goodlett, one of the members of said bar, ask leave to express their abhorrence of such conduct by spreading the following resolution upon the memorials of this court : Resolved, that the attack by James R. E. Goodlett, a member of the bar of the Posey Circuit Court, last evening, upon the Hon. Samuel Hall, while on the bench and in the faithful and impartial discharge of his duty as a judge, and a repetition of the same offence this morning,
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is, in their opinion, without parallel in the history of our judicial pro- ceedings; and for the honor of our country, our social, judicial and political institutions, they hope such may never occur again. They more regret the circumstance from the elevated station which the offender has held in the community, and deem it their duty thus to express their abhorrence and indignation at such conduct. [Signed] Amos Clark, E. Embree, E. D. Edson, J. Lockhart, W. T. T. Jones, John Pitcher, R. Daniel, Charles I. Battell, George S. Green." In an interview had with Judge Pitcher, the only one of the nine living, that gentleman, who was an eye-witness of the attack, said: “In those primitive times this Judicial District was quite sparsely settled, and which, in 1830, embraced the counties of Crawford, Perry, Spen- cer, Dubois, Warrick, Pike, Gibson, Vanderburgh and Posey. The lawyers traveled from court to court on horseback with a change of linen in their saddle bags, and we had, all things considered, a much gayer time than the lawyers of the present generation, who travel by railroad. The prominent members of the bar at that time, on this Circuit, were : George S. Green, (a member of the Legislature and afterward a Judge) Chas. I. Battell, (subsequently a Judge, ) Richard Daniel, (subsequently a member of the Legislature,) W. T. T. Jones, (a very promising lawyer, who died young,) James Lockhart, (after- ward a Judge and Congressman) Eben D. Edson, father of Judge Wm. P. Edson, (afterward a member of the Legislature,) Elisha Embree, (subsequently a Judge and Congressman,) Amos Clark, (who emigra- ted to Texas,) John Law, (afterward a Judge and Congressman,) Captain Prince, (a former Judge,) Judge Goodlett, myself, (afterward a Judge and member of the Legislature,) and a few others." In reply to an interrogatory relating to the episode referred to in the resolution above, the old gentleman said: "Judge Goodlett was considered by the bar very inefficient, his rulings very often being untenable, but he was something of a politician and through that fact he secured the appointment to the Circuit Judgeship in 1820, which office he held until 1830. He was also a man of violent temper, unsatisfactory to the bar, and the lawyers, irrespective of politics, worked with a will to defeat him. In consequence of this well organized and determined opposition, Samuel Hall, his opponent, was appointed by the Governor and took the bench vacated by Judge Goodlett, who seemed to become possess- ed of a very bitter and resentful feeling against his successor. When the regular March term of the Circuit Court convened at Mt. Vernon, in 1834, Judge Goodlett was employed as an attorney in a case, dur- ing the trial of which he disputed, in a very insolent manner, the rul- ing of Judge Hall, who thereupon ruled Judge Goodlett to show cause why he should not be fined for contempt of court. That was on the 7th day of March, and on the following morning, Wm. T. T. Jones,
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knowing the fiery disposition of Judge Goodlett and anticipating trouble, walked up to Judge Hall while he was on the bench and skil- fully dropped into his lap a silken handkerchief, which contained in its folds a bright and dangerous dagger, such as were worn by some persons in those days. Soon after this Judge Hall informed Judge Goodlett that it 'would be in order for him to show cause why he should not be fined for contempt of court.' 'I will show cause now,' exclaimed Judge Goodlett, springing to his feet, and he attacked Judge Hall as he sat upon the bench. With the dagger in his hand Judge Hall made furious thrusts at Judge Goodlett, who was jerked suddenly backward by the Sheriff, Wm. James, and by which, in all probability, his life was saved. This scene created considerable excitement, and after it had abated a fine of $50 and imprisonment in the county jail was assessed. Judge Goodlett stayed in jail very little of the time, and in a brief period sued Judge Hall for false imprisonment. The case was taken to Vincennes but was withdrawn before it was brought to trial, and thus ended the matter."
A PRIMITIVE BUT MODEL JUSTICE.
It was also related of a certain justice who resided in Springfield in the earliest days of its history that he delivered the charge that follows to a jury that had been called to try a case in which one man had accused another of having swindled him at a game of cards. In those days anyone who was not familiar with the rules of card playing was regarded as a "tenderfoot," and he was looked upon with eyes which plainly told that his mental capacities were not above suspicion. He was in fact, an individual who had a "weak spot up here," which was indicated by tapping the forehead with the finger. As was usual in those days, the office of the justice was filled to suffocation with a curious crowd of spectators, who listened breathlessly to the statements of the prosecuting attorney, Wm. P-, who said "that on such a night, at such a place, in such a county and State, David B- did, while playing a quiet game of cards known as euchre, feloniously, maliciously and with premeditation to rob, steal and swindle, make one point more in the game than he was allowed legally, morally and consistently by turning a certain card called the bower, which was known to be and by divers persons seen on the bottom of the pack of cards with which the game was being played, by which he obtained certain money of which the "pot" was composed and one half of which belonged to the plaintiff." David was also accused of unlawfully getting money by "reniggin" during the progress of the game. Evi- dence was introduced as to the character of the opposing parties, and the attorneys for the defense and prosecution made speeches, in which
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the reputation of David was defamed and earnestly eulogized. When the arguments were closed, the justice adjusted his spectacles, turned to the jury, and in a solemn tone of voice, said : "Gentlemen of the jury, you have heered the ividence of the witnesses, you have listened to and no doubt heered the able argiments of the learned counsel, and your duty as jurors will soon take upon it the burden of responsi- bility. You may have observed that the p'ints in this h'yar case, like the fees of a justice when the State cases goes agin him, is tew, very few, and far betwixt-far betwixt, gentlemen. The Court's knowledge of euchre, gentlemen of the jury, is very limited,-not great enough, at least, to beat Dann L -- for the drinks at Sam J-'s on Satur- day nights-but the p'ints about law which the Court knows can be bet on every time, gentlemen, and you're just as sure to win as you are of bein' converted at Preacher J -- 's church, gentlemen. This Court has went through 'Blackstone on Law' onc't and she is a 'restling with him purty hard at this time, and she has read 'Hoyle's Elementary Principles on old Sledge,' from which, gentlemen, she has gathered a few p'ints on poker ; but she ain't worth a smell on euchre. No, gentlemen, she couldn't git a pinch if she was playin' for a bushel on euchre, but she thinks, if she is blind, that she sees the p'ints in this case. David B -- and Pharly H -- was playin' this game what the law calls euchre and the stakes was ten dollars a side, and, as you have heerd with your own ears, David he won. Is it the proper thing, gentlemen, to fine David for winning? Would you like to be fined because you won ? The Court, bein' human, would like to win herself. The attorney for the plaintiff says, with his eyes blazin' like rockets and his face as red as Spanish pepper, that David swindled. The Court don't remember that this p'int was proved, and she thinks she has trailed the ividence purty well. No, sir, gentlemen of the jury, there ain't an ioter of ividence to show that he proved it. It looks as if the attorney was a liar, gentlemen. The Court believes he did lie. David B -- don't cheat at keards. The Court she knows this to be a fact, for ain't she played whisky- poker and old sledge with David for more'n two years, and did she ever ketch him puttin' up the papers, or turnin' Jacks from the bottom ? No, gentlemen, she never did. It is your right, gentlemen, to do with David as you see fit, but these are the p'ints in the case, gentle- men of the jury : First, if you find that David B -- won Pharly H --- 's money, the fact is clear that the 'run' of the keards was favorable to David; second, if you discover that Pharly lost his money you must conclude that he was in very bad luck. I submit these p'ints to you, gentlemen of the jury, feeling that when you retire you will not meditate long on the matter, as David has a few ducats in his breeches that is burnin' to buy the drinks for the whole crew of us."
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When the charge was finished the jury of six men, by their fore- man, John W -- , announced the verdict, which was " not guilty." Soon afterward they were marching to the tavern of Jacob S-, with the expressed determination of "takin' suthin' for their stomach's sake!" This is not a matter of record, but we give the incident as it was substantially related to us by one who claims to have heard it a few years after the trial actually took place.
Warner Clark, appointed to fill the vacancy caused by the death of Thomas Moore Parke, Assessor of the County, was paid $44 by the Board of Commissioners for assessing all the taxable property of the County in the year 1818, excepting that of Robb Township, (which was assessed by Thomas Robb and for which he was paid $3,) the towns of Mt. Vernon, Cynthiana and Springfield. Samuel Jones and John Burlison, for that year, were paid $1 each for assessing the property of Mt. Vernon. Lewis Williams and Wm. Cater were each paid $1 for assessing the property of Cynthiana, for that year, and Michael Saltzman, for the same year, was paid $1 for assessing the property of Springfield. Thus it will be seen that the total cost of assessment for the County for 1818, amounted to $52. The cost to the County for the same work in 1881 was $1,592.
The following incidents are taken from Baskin, Forster & Co.'s Illustrated Historical Atlas of Indiana :
"A suit was brought on a note before James Winemiller, Justice of the Peace, who had settled at 'Diamond Island,' now West Frank- lin. The obligation expressed in the note was : 'The payment of a milk cote.' The note was one year over due, and the judgment of the court was : 'The defendant shall pay the plaintiff, at once, one milk cow and a 'young calf', the court alleging that 'had the debt been paid at maturity the cow would, doubtless, have had a calf, and its payment now will be interest on the note.' "
"Audubon, the celebrated naturalist, resided for some time at Henderson, Kentucky. He made a contract with a man living on the Indiana side of the river, near the present Henderson ferry, to furnish him one hundred coon skins by a certain date. The man failing to fulfill his part of the contract, Audubon sued him before Jack Anthony, a Justice, residing near the same ferry. The defendant alleged, in his defence, 'that he had proceeded in good faith to carry out his part, but, unfortunately, killed his dog in felling a tree. He applied to the plaintiff for his dog, which was refused him, and he was wholly unable to go on.' The Court directed 'the case continued for three months, and the plaintiff to furnish the defendant his coon-dog;' at the expiration of the time the contract was filled. The case was dismissed without cost, and Wat Bryant, constable, procuring a quart of whisky from a trading boat near by, a drink all round satisfied both parties."
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The Board of County Commissioners, in September, 1857, purchas- ed of Asbury Ferguson 120 acres of land, for the use of the paupers of the County. It is located near Stewartsville and is very well im- proved, though it is claimed that it. is not sufficiently productive to supply the poor of the County with their vegetables.
EDUCATIONAL AND RELIGIOUS.
Changes in the character of the school houses as well as in the manner of conducting schools have occurred with the same rapidity as in other features of developement. Only a few years ago comparatively pupils were taught by itinerant pedagogues a few months in the year, and at that time the "professors" were paid by private subscription. A little later an act of the Legislature was passed creating a "Seminary fund," which owed its growth principally to fines and forfeitures aris- ing from criminal cases before the Courts In later years a tax for school purposes was added to the sources of the revenue and a law was also enacted creating the office of County Examiner or Superin- tendent, before whom it was necessary for all teachers to be examined and by whose authority they were permitted to teach. This law is now in force. Each applicant for a license is required to pass a satis- factory examination, and in the event of his failure to answer all of such questions as are submitted to him he is graded according to the standard of his "per centage." If he fails to answer a number of questions and by this means reduces his "per centage" to a grade below that which entitles him to a certificate to teach six months, he is compelled to undergo other examinations subsequently before he can obtain a school. Consequently the teachers of the present time are qualified to act as preceptors so far as their knowledge of the text books is concerned. The Normal school graduate is considered more able to perform the duties of the school room to better advantage on account of the training in discipline which he receives at that institution. There are now in the County eighty-one district school houses, besides twelve commodious and comfortable brick buildings in the various towns and villages, in all of which the excellent system of the graded school is established. At present one hundred and nineteen teachers, to whom is annually paid the sum of $32,383 and who hold certificates of various grades issued by the County Superintendent, Mr. James Kilroy. There is no district in the County in which terms shorter than four and one-half months are taught, and none in which the terms are longer than eight months. The average number of months in which schools are taught in the county is six; and the average daily allowance to teachers is, males, $2.37; females, $1.71. The buildings now used in the County for educational purposes were
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erected at a cost of $133,580. And thus it is in this day of enlightened civilization and this day of wonderful progress. Is it to be considered strange that our children exhibit more precocity and mature earlier than they did when even we were the "rising generation ?" In very early times such circumstances surrounded the pupil as made it neces- sary for him to obtain his knowledge by the greatest efforts. He was confronted with obstacles in many forms, and the "pinnacle of fame" was seen through mists of forbearance, of severe trial and almost supernatural effort. In the primitive days he was compelled to per- form the chores of the household, to devote daylight hours out of school to the assistance of his parents and to acquire his lessons by the flickering, unpleasant light of the "tallow dip" or the blinding glow of the "black jack" on the hearth. Nor were the school rooms of that period characterized by their comfortable features. The primitive "temple of learning" was a small cabin, built of logs, chinked and daubed, with puncheon floors. The desks and seats were about as rude as imagination can picture. The chimneys were built of small logs, while apertures in the sides of the houses admitted the light. In the winter seasons these openings were covered with rawhide.
In 1803 the American spelling book was copyrighted. It was bound in wooden covers and was the chief text-book, though the advanced pupils who could afford them used the English reader and studied Pikes arithmetic. It is said that the old spelling book was a "valuable piece of property," and it was the only text-book to most pupils in spelling, reading, geography, grammar and moral philosophy. What a contrast ! To-day the pupil sits at his elegant desk in a pleasant room, has an unlimited number of books, has the advantage of the improve- ment suggested by years of experience in imparting knowledge and reads from the newspapers such things as relate to science, politics, literature, religion and all other subjects which tend to elevate and enlighten. In one day now the pupil through the glorious achieve- ments in the electrical and mechanical sciences learns more than was imparted to the pioneer children in a whole year.
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