USA > Indiana > Decatur County > History of Decatur County, Indiana: its people, industries and institutions > Part 38
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"This Clark was reputed to be a slave-catcher and hunter and was ever ready to obstruct the pathway of those seeking their freedom. During the day Clark saw Jane Speed's boy come away from the old house, whither he had been sent to convey food to the fugitives. This was enough to prompt an investigation of the contents of the old house by Clark. He took in the situation at a glance and told the woman she was in a very unsafe position and that he would conduct her to the colored settlement, but, instead of doing so, he took the colored woman and her children to his own house.
"The colored woman, suspecting that all was not right, asked him (Clark) where the colored people were to whom he had promised to guide her. It was then late in the evening, and he, suspecting that her friends would miss her and the children from their place of concealment and that he would be suspected, resolved to secrete them in an old fodder house on the farm of his son. At the same time Clark decided the safest thing for him to do was to tell the colored people to come and get her and the children. After several hours of waiting in the fodder house, the woman concluded that she had been betrayed, and, knowing that there was a colored settlement in the neighborhood, left her children and started out in quest of her friends. The night was dark and she, a stranger to the fields, soon lost her way.
"Leaving the woman and her children for the time, the reader's atten- tion is called to what was being done by her friends. As soon as the fugitives were missed from the hut on Jane Speed's place (otherwise known as the Peyton place), the colored people tracked them to Clark's yard gate. They then informed Luther A. Donnell, who advised them to secure enough assist- ance to watch Clark's premises so as to prevent the escape of the fugitives. Mr. Donnell then held an interview with my father, and they determined to apply for a writ of habeas corpus and by legal inquiry find by what authority the fugitives were detained by Clark.
"By this time darkness was setting in. My father and Mr. Donnell applied to John Hopkins, then associate judge of Decatur county, for the required writ, which was granted. But it was found necessary. to go to Greensburg to obtain the seal of the court and the attendance of the sheriff to serve the writ. The sheriff was Michael Swope, who sent the writ to a deputy named John Imlay, then living in Clarksburg, with orders to serve it. (26)
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When my father and Mr. Donnell started for Greensburg I was detained to look after the party who were watching Clark's premises. I found about twenty colored men assembled. They were very much excited and were armed with corn knives, clubs and, maybe, more deadly weapons. It was with difficulty that I restrained them from making a forced search.
"At length the deputy sheriff came, and with him Robert Hamilton, to assist in the execution of the writ. It had been arranged to have the colored men rush in a body on to the sheriff and take the fugitives by force as soon as they could be brought out of Clark's house. But the search proved fruit- less and we were all 'chop fallen,' as it looked as thought we had been out- generaled. Clark appeared greatly offended and said he would see some one through with this business. He went to Clarksburg and tried to get a writ from a justice of the peace, by which he could take the slaves back to Kentucky, but, of course, failed to get one.
"Mr. Donnell, R. A. Hamilton, myself and the colored people then held a council and decided to extend the search to the premises of the two sons of Clark, who lived, one on the north and the other on the south of their father's farm. Meanwhile Mr. Donnell and myself went to Mr. Donnell's house to await developments. A short time before daylight a squad came and reported that they had found the woman near one of the Clarks. She was rambling about the fields in a state of bewilderment and did not know where her children were. She told the story of her removal to the hut and subsequent concealment in the Clark fodder house. Of course, the colored men soon found the children, and the party was once more intact and with friends.
"The colored men took the fugitives down into their neighborhood and secreted them in a deep ravine on the Bull fork of Salt creek, in Franklin county, intending to start them on their way the next night. We were greatly rejoiced at the turn things had taken, yet we felt assured that the slave-catchers would press hard after their game, having once had them in their possession.
."R. A. Hamilton returned home as soon as the search was over. After remaining at Donnell's house until the colored men had reported, I started for home, and on my way met four or five men whom I knew were slave hunters. Some were from Greensburg, and one was a stranger, who, as I afterwards learned, was the man Ray, of Kentucky, who owned the slaves. A son of Clark and a man by the name of Hobbs had been to Greensburg for a writ to enable them to secure possession of the fugitives and had given the alarm. All this had happened while the woman and children were being
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found and while I was at the home of Donnell, as before related. I hur- riedly changed horses and kept a watch over the slave hunters. They went through Clarksburg, and I went to Donnell's house and reported what I had seen. He proposed that we mount our horses and skirmish around the Clark premises and the colored settlement in order to see what might happen.
"We went to a horse-mill in the edge of the colored settlement. There we remained some time, but learned nothing more than that there was quite a party at Clark's house. In the afternoon the slave hunters made some demonstrations in and about the settlement and did attempt to search one or two houses, but, finding it an unsafe business, they abandoned the expedition.
"The colored people were naturally very much excited and determined. The woman was almost helpless, encumbered as she was with her children, the youngest of which was a nursing babe. They could not be moved like adults. . Now, there was a colored man and his wife who had recently moved from Union county to the settlement, who had two children about the age of two of the fugitive children. Accordingly they made a bold daylight trip, with the slave woman's children instead of their own, and arrived safely at the home of William Beard, an underground railroad man and a godly Quaker, who lived beyond the reach of the pursuers.
"But the woman and two of her children were still to be disposed of. About sunset, word came that the slave hunters had discovered the hiding place of the remaining fugitives, and again we were disconsolate. We rea- soned that they would bring her to Clark's house for safe keeping over night, and we resolved to try our writ again and see if it would not give us posses- sion of the fugitives.
"Meanwhile, we had assembled at Donnell's house for supper. While we were thus mourning over our ill luck, a colored man came and announced that matters were all right-that the man who was on guard had mistaken a party of men who were returning home from a 'raisin' for the slave hunt- ing party, but that they passed by without observing the woman's hiding place. Again our drooping spirits revived and we set ourselves to the task of planning the successful evasion of the pursuers.
"The route over which the underground railroad passengers were con- veyed was through Laurel and Blooming Grove ( Franklin county), crossing the East fork of White river at Fairfield, and thence on to William Beard's home in Union county. This line had been discovered by the enemy and was well watched; besides, the excitement was running high and spreading wide by this time, while our rescuing party was more determined than ever.
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Heretofore we had depended upon the colored people to do the work, while we made the calculations, but Donnell's determination was now fairly aroused, and he proposed to me that we take this matter in hand and see the slaves safely through, let it cost what it might.
"Accordingly, we instructed the colored people to disguise the woman in male attire and for three or four of them to accompany her, mounted, and others on foot, to Peyton's corner, where we would meet them. They executed the details promptly and were on hand in time. We found it necessary to press through Clarksburg to reach the point we had in mind. It was a dangerous place to enter, as there were plenty of watchful slave hunters there, so we instructed her to ride to the middle of the road, flanked by a trusty colored man on either side. We had the'children taken around the village of Clarksburg to about one mile beyond the town. The exit was easily made and the proposed point reached without any trouble. We then dismissed the colored men and resolved to keep our own council.
"The woman was mounted on a horse with one of us and the children with the other, and thus we rode through Spring Hill and to the home of Thomas Donnell, about one mile west of that village. Day was breaking and Luther A. Donnell awakened his brother, Thomas, who assisted him in hiding the slaves in an out-of-the-way building, while I took charge of the horses. During the next day the refugees were fed by two children of the Donnell family. Luther Donnell and myself returned to our homes with the understanding that we were to meet at the house of John R. Donnell that night at ten o'clock for the purpose of making final disposition of the fugitives.
"We met pursuant to our agreement and at this juncture we pressed Lowry Donnell and John R. Donnell into service. The latter entered into the arrangement with a hearty good will by bringing out his fine carriage, with closed top and side curtains. The woman and children had been pro- vided with plenty of warm woolen clothing, and, being doubly veiled, were placed in the carriage and started on their way to freedom.
"The party was composed of Luther A. Donnell, John R. Donnell, Lowry Donnell, Robert Stout, Nathaniel Thompson and myself. Stout and Thompson only went with us as far as New Salem, Rush county."
The narrative of Mr. Hamilton goes on to tell of the details of the journey, which was devoid of any striking incidents. After a drive of twenty-four hours, with only a short rest to feed the horses, the party arrived at William Beard's home in Union county, where they received a
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warm welcome. The rescuers returned home the next day, with men and horses worn and jaded, carriage springs broken, and with the experience of one of the most interesting incidents of the underground railroad which ever occurred in the state. The poor slave woman was given her four chil- dren, reached Canada eventually, and in after years wrote to Donnell, expressing her great thankfulness for his assistance.
But Donnell was not yet through with his connection with the case. The slave hunters were determined to have their revenge for the shrewd way in which they were outwitted. Having lost their chattels and been defeated in their attempts to recover them, the slave owner and his sym- pathizers resolved to take advantage offered by a state statute then supposed to be in force in Indiana. Accordingly, a few days later, a grand jury of Decatur county indicted Luther .A. Donnell for "aiding and abetting the escape of fugitives from labor," etc. The case came up for trial at the March term of court, 1849. George H. Dunn was the presiding judge and John Hopkins and Samuel Ellis, associate judges. The jury was composed of twelve men of the county. The state was represented by John S. Scobey, prosecuting attorney, and Andrew Davidson, later a supreme judge of Indiana. The defense was in the hands of John Ryman, of Lawrence- burg, and Joseph Robinson and Philander Hamilton, of Greensburg.
On the calling of the case, the defense moved to quash the indictment on the grounds set forth in the case of Prigg vs. Pennsylvania, in which it was held that state legislation for the recovery of fugitives from labor in other states, or for aiding the escape of such, was unconstitutional. The motion was overruled and the trial proceeded. The evidence is too volumi- nous for the purpose at hand and only a summary of it will be given. The evidence in the case seemed to turn on the positive statement of Richard Clark (one of the sons mentioned), who testified that the woman and chil- dren were placed in his fodder house about two o'clock of Monday and that between three and four o'clock the next morning they were taken out by Luther .A. Donnell and William Hamilton, which the reader will notice is widely at variance with the facts, as stated in Hamilton's account. But in those days, a man could not testify in his own behalf, neither could a col- ored man testify in a case where a white man was interested. There was some conflicting testimony in this case, but the popular voice was unfavor- able to the defense and the verdict was against the defendant. Donnell appealed the case to the supreme court of Indiana. The result is here given in the words of the record :
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"Donnell vs. State.
"Perkins, Judge.
Error to the Decatur Circuit Court.
"This was an indictment against Luther A. Donnell, containing two counts ; one charging him with inducing the escape of, and the other with secreting a woman of color, called Caroline, then being the slave of and owing service to George Ray, of Kentucky. The defendant was convicted. The section of the statute of our state upon which the indictment was grounded, according to the decision in Prigg vs. Pennsylvania, is unconsti- tutional and void. The conviction on it was, therefore, erroneous." (Por- ter's Indiana Reports, Vol. III, page 480. )
Encouraged by the advantages gained here in a criminal action, and by the popular clamor, Ray brought suit in the United States court at Indi- anapolis, to recover the value of his property, and obtained a judgment for fifteen hundred dollars, which, with costs, amounted to about three thou- sand dollars. This was promptly paid by the defendants to the last dollar. It is interesting to note that this full amount was refunded to the defend- ants by the anti-slavery men of the state and neighborhood, aided by some who were publicly known to be in sympathy with the movement.
Thus ended one of the most exciting legal contests ever held in the state; in fact, the effect on the popular mind was rather unfavorable to the slave-catching interests here, and caused many who had before been indiffer- ent toward the anti-slavery agitators to take a decided stand for or against that issue. No other efforts were made to recover escaped slaves in Deca- tur county, although from then to the outbreak of the war the "underground railroad" was in full operation. It is said that not one slave in a thousand was ever recovered by the owners in the decade preceding the Civil War.
The fugitive slave law of 1850 was heartily denounced in many pul- pits in Decatur county immediately after its passage, and a minister of Kingston probably voiced the sentiment of a majority of the people of the county when he said in the pulpit at the end of one of his sermons: "It is well known to you that the fugitive slave bill has become a law. To a law framed of such iniquity I owe no allegiance. Humanity, Christianity and manhood revolt against it. For myself-I say it solemnly-I will shelter, I will help. I will defend the fugitive with all my humble means and power. I will act with any body of decent and serious men, as the head, or foot, or hand, in any mode not involving the use of deadly weapons, to nullify and defeat the operation of this law." While this courageous preacher undoubt- edly expressed the sentiments of most of the people of the county, yet there were not a few who had no sympathy whatever with the slave. Many of
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the early settlers of the county came from Kentucky and Tennessee and, if the facts were known, it could be shown that some of these Southerners brought slaves here with them and held them as such. The government census of 1830 disclosed the startling fact that there was one negro girl in Decatur county who was returned as a slave.
The Knights of the Golden Circle had a large following in Decatur county during the Civil War and were especially strong in Jackson town- ship. They were responsible for most of the depredations committed in that township during the latter part of the war. Apropos of this traitorous organization, an interesting story is told of old "Uncle" Dan Pike, who lived in Jackson township near Alert. The worthy old gentleman was an avowed Southern sympathizer and a great lover of fine horses, of which he had a large number. At the time Morgan made his raid through south- ern Indiana in the summer of 1863, Uncle Dan had some misgivings about the safety of his fine horses. He thought, however, that he was too far north for Morgan, but he was destined to change his opinion of the safety of his horses. On a sweltering day in July a detachment of Morgan's men actually appeared before his home and in no uncertain manner demanded some of his fine horses. Southern sympathizer that he was, he was deter- mined that no horse of his should leave the barn if he could help it. Taking his trusty old flint-lock in his hands, he stationed himself near the stable door and defied a man to attempt to take a single horse out of the stable. "The first man who goes into that stable door gets a slug of hot shot." The soldiers told him that he would only bring about his own death and in no way save his horses. "That don't make no difference-it will not save the man who goes into my stable," retorted the old man. The upshot of the matter was that they left Uncle Dan safe in the possession of all of his beloved horses.
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CHAPTER XVIII.
DECATUR COUNTY'S MILITARY RECORD.
SOLDIERS OF THE REVOLUTION IN DECATUR COUNTY.
The following is an authentic list of soldiers of the Revolutionary War who lived and are buried in Decatur county, Indiana, the list having been pre- pared in May, 1901 :
Thomas Hooten, buried in Sand Creek cemetery, near Greensburg, has a tombstone stating that he was a soldier of the War of 1776 to 1783. He died on July 26, 1841, aged eighty-nine years, two months and twenty-six days.
John Pemberton was also buried in Sand Creek cemetery and has a tomb- stone stating he was a soldier of the War for Independence. He died on June 5, 1845, aged eighty-two years, ten months and fifteen days.
Samuel Brown is buried at Wesley Chapel cemetery. There is a broken slab, the inscription being almost entirely defaced. It is believed that he was a soldier of the Revolution.
A soldier, named Kirby, was known to be a soldier of 1776 by several person in this county and the grave can be located. He is buried in what is known as Burke Chapel cemetery, five miles south of Greensburg. No head- stone. Command unknown.
Hugh Montgomery is buried in a private cemetery on a farin owned by William M. Hamilton, formerly known as the Antrobus farm. He was a soldier of the Revolutionary War, and also of the War of 1812. He had three sons, Thomas, Henry and William, in the War of 1812. William was killed in battle. Henry died and is buried near his father in Antrobus cemetery. The headstone was placed by descendants.
John Gilleland, who served in the War of 1776, is buried on what is now known as the Gilmore farm, in a small country cemetery. The grave is grown over with brush and briars, but a small tombstone, with the inscription almost obliterated, marks the grave.
George King, buried in the cemetery at Milford, is known to have been a soldier of the War of the Revolution. The grave can be located by grand-
MR. AND MRS. JOHN FINNERN, LATE OF GREENSBURG, THE ONLY MARRIED COUPLE WHO SERVED TOGETHER DURING THE CIVIL WAR.
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children and others. The headstone was furnished by the war department and placed under charge of William Tateman, sexton.
James Crawford, also of the War of 1776, is buried alongside King. There is a headstone, giving name, also that he died in February, 1836, aged seventy-nine years. The headstone, placed by William Tateman, sexton, was furnished, on requisition, by the war department.
Wheeler is the last name of another soldier of 1776, who was buried in the group. None of his relatives are in this part of the country. These three men just mentioned were well acquainted and associates before they died. They are buried southeast and a few feet from a beech tree. It is not known whether or not King, Crawford or Wheeler were pensioners.
Joseph Morris, born in 1761, died in Greensburg, Indiana, in 1849. He was buried in the old cemetery and the remains were removed, but the grave cannot be located. His wife also died in Greensburg. He was nine- teen years old when he enlisted and it is known that he served to the end of the Revolutionary War. Parties lived in this county who knew this sol- dier. The above information was given by a relative.
Thomas Meek, Sr., father of Adam R. Meek, a soldier of the War of 1812, was a soldier of the War for Independence. He came from Virginia and is buried in the cemetery at Springhill, Indiana. He was born in 1756, and died in 1838. A good stone marks the grave, from which the above dates are taken.
John Collins, born in 1757, died near Kingston in 1848, and is buried in the cemetery at Kingston. It is believed he was a soldier in the Revolu- tionary War. The dates are taken from a headstone at the grave.
John DeMoss was born in South Carolina about 1760, removed to Vir- ginia and probably went as a soldier from that state. He came to Indiana with his family and died in a cabin on what is now known as the Robert Braden farm, owned by Jeremy Braden, being buried on the adjoining farm, owned by Milton Byers, located in Clay township, this county, in an old cemetery. The grave was located by Ralph Pavey, who was at the inter- ment. There are two stones, without inscription, that mark the grave. It is confidently believed that he was a soldier of the War of Independence. The headstone was furnished by the war department and placed by a descendant.
Lovejoy, initials not known, was buried at the Downeyville cemetery. It is thought he was a soldier of the War of 1776. No headstone. Prob- ably of the War of 1812.
Joseph Lee, believed to have been a soldier of the Revolution, went from
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New Jersey and is buried at Shiloh cemetery. The headstone bears the date of death, etc.
John O. Gullion, it is said, was a soldier of the War of 1776. He went from Virginia. Ile is buried on the Spillman farm near Shiloh. The grave cannot be located, no headstone remaining.
Levi Weston is buried in South Park cemetery, Greensburg, on the east side, near two pine trees. There is a headstone stating that he was a soldier of the War of 1776. He died on June 9, 1852, aged ninety-nine years and thirteen days.
Ichabod Parker, of the War of the Revolution, was buried in Sand- creek cemetery. There is a headstone, on which is inscribed the fact that he was a soldier of the Revolution, giving date of death, etc.
Jeremiah I. Dogan, of the War of 1776, was a pensioner. He drew his pension through the Madison agency, at an early day. He died on April 14. 1857, aged about ninety years. Ile was a Virginian, and was buried at Mt. Carmel cemetery. There was a headstone. The grave could probably be located.
IIUGHI MONTGOMERY.
Hugh Montgomery and wife are buried in the Watts graveyard on the Lanham farm. Before the war, he came to the colonies from Ireland with two brothers. His brothers fought with the British, but Hugh Montgom- ery cast his lot with the thirteen colonies. He served for three years in the company commanded by John Sullivan, of Colonel Russel's Ninth Virginia Regiment.
When the war was over. Hugh Montgomery moved to Ohio, and later to Decatur county, and, on October 7, 1822, applied for a pension, claiming that he was no longer able to support himself. In his application for a pen- sion he listed his worldly possessions as follows: One mare, $25: one cow and calf, $12; four sheep, $4; two shoats, $3: two pots and bed, $17.50; total, $61.50. He then makes the following declaration :
"In pursuance of the act of May, 1820, I do solemnly swear that I was a resident of the United States on the 18th day of May, 1818, and that I have not since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby to diminish it, so as to bring myself within the provisions of an act to provide for certain persons engaged in the land and naval forces of the United States in the Revolu- tionary War, passed on the 18th day of March, 1818."
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Concerning the application of Montgomery for a pension, the follow- ing letter is still preserved :
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