USA > Indiana > Elkhart County > History of Elkhart County, Indiana; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history: portraits of prominent persons, and biographies of representative citizens > Part 41
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THE FIRST DISTURBERS.
The acceptance of the resignation of Justice John Jackson was the first official act of the commissioners in September, 1831. This was followed immediately by the consideration of a report of fines, levied under authority of Justice Jackson, accompanied by a schedule of causes, from which these fines originated. This list boasts of a comparative antiquity, and as it holds an important place in any question wherein the moral qualities of the early set- tlers will have to be considered, it is just and right that a posi- tion should be given to it in this work. The first canse is that of James Thompson, who complains bitterly of the pugnacity and general " assault and battery," characteristics of one Matthew Boyd. Mr. Jackson placed a quietus on this terrible man Dec. 18, 1830, in the shape of a two dollar fine, which had the effect of checking his tendency to indulge in such little games for a very long time.
Simon P. Tuley, probably an inoffensive citizen like his Roman namesake, sued John Compton for assault, but the defendant's pugilisticism was considered so beautifully meritorious by Justice Jackson that he discharged the prisoner. Now comes our Roman friend Tuley again with a series of most serious charges against the " mildest-mannered man" in his settlement-John Compton.
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HISTORY OF ELKHART COUNTY.
The main canse of action was "profane swearing," and as the de- fendant convinced the judge that he could positively swear under certain circumstances, Jackson found himself justified in placing a prohibitory tariff upon the import of profane language, and fined that simple man $S. There was much gossip held over this matter, with the result of restoring to Compton's profane pockets, the sum extracted from them hitherto by the edict of an impartial justice and the hands of a gigantic constable.
Arminius S. Penwell tendered his report, which opened with a very plaintive story, related by John Stanffer about his friend, James Compton. The complainant was attending to his duty in the mill of the early settlement, when the respondent Compton ad- dressed him in anything but complimentary language, and finally indulged in such strategic movements, peculiar to old-school pugilists, that he succeeded in lodging what is commonly termed a sockdologer npon the face of the peaceful Stauffer, causing such disfiguration as to compel the justice's resort to the imposition of a fine of $300. The canse of action was given June 21, 1831.
Following close on this is a very mystical case. The old record says, under date June 21, 1831, "John Stauffer was fined $1 for an assault on the body of James Compton by cursing and swearing and threatening to strike him." Now an assault on the body, resulting solely from a curse or a threat, is something incompre- hensible to people of the present time; but to men possessing all the strength of mind and body which doubtless belonged to the first settiers, who overcame greater difficulties by far than are com- prised in a correct interpretation of this "charge" against Stanffer, nothing seemed to be impossible, and it is therefore to be presumed that the infliction of a fine of $1 seemed really called for, and was just in the eyes of the conscientous Arminins.
On the 27th day of July, 1831, James Compton begins to grow notorious. Justice A. C. Penwell fines him $1 for running a pitch- fork through the body of Joseph Dome. This limited fine for a most grievons offense is inexplicable. A pitchfork ran through a man's body creates a most unpleasant sensation, and it is a matter of surprise how Mr. Compton did not appear in the dock in answer to a charge of murder instead of only to answer a summons, which evidently brought a very serious charge down to a most trivial one. Justice Peuwell issued a few warrants in Angnst, 1830,-one against John Compton for profanity, and another against the same individual for an assault on Tuley, but for some
gnon Ellis
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reason, not specified, this now notorious settler did not appear be- fore the county judgment seat.
James Mathers reported the receipt of $16 from one Peter Tet- ters. Peter evidently was the "boss swearer" of the county; he could afford the payment of sixteen dollars, and the old Squire being aware of this, and having, in open court, been treated to a fine specimen of the culprit's terribly profane eloquence, deemed it just to practice this little extortion, and so convince Peter that not even by word could the justice of a moral people tolerate an infringe- ment of the laws. The net sum realized from fines inflicted by the justices was only $28.50; but, small as it now seems, it was then sufficient to exercise a beneficent influence, by deterring others from entering into these petty squabbles and wordy combats which led those otherwise good citizens into the meshes of the law and gained for them a most unenviable reputation.
THE CIRCUIT COURT.
The associate judges, William Latta and Peter Diddy, opened the Circuit Court in November, 1830; but the calendar did not present one cause celebré. A number of light cases were disposed of without ceremony. The consideration of a form of procedure to guide their future judicial movements occupied some time, and the petition of Robert Hamilton, asking to be admitted to citizen- ship, was entertained. This Hamilton demanded to be admitted a citizen of the United States, having taken the declaratory oath before the Court of Common Pleas, Marion, Ohio, in 1826. The associate judges having received a further declaration that he would support the Constitution of the United States, and abjure all alle- giance and fidelity to "every foreign prince, potentate, state and sovereignty, and particularly to George the Fourth, King of the United Kingdom of Great Britain and Ireland," admitted him into citizenship.
In April, 1831, Charles H. Test assumed the title and duties of President Judge of the sixth judicial circuit. One of the first acts of Judge Test was to admit C. K. Green, Neal Magaffy and Ch. W. Ewing, of the Michigan Bar, to practice in the court. Gustavus A. Everts acted as public prosecutor in the absence of James Perry, who held that commission. No less than 31 cases were brought before this court during the term, and for the valuable services rendered by the associate judges the sum of $4.00 each was allowed them. Very many stories of those early judges are still
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told; but it appears that, notwithstanding their economical use of language and gesture, their presence in court exercised a very bene- ficial influence, and abolished much of that discontent which usually follows justice if administered severely. In October following Judge Test admitted John Sevey, Elisha Egbert and D. H. Colerick as practitioners in Elkhart county. G. A. Everts represented James Perry as Prosecuting Attorney, and carried ont the euds of Justice in the case of 19 erring children of the State. A number of civil cases were also disposed of; but neither in the criminal nor civil list does any very serious charge appear beyond that entailed in the very common phraseclogy of the police courts of the present time, "assault and battery." The April term was characterized by the admission of M. Ray, Wm. J. Brown and J. S. Newman as attor- neys qualified to practice in court; also by the appointment of W. J. Brown to the position of' Prosecuting Attorney, and his subse- quent success against various men for their attempts at betting and whisky-selling, two great crimes upon which the early cccnpiers of the justiciary seemed to look with a peculiar horror. The advent of Samuel C. Sample to the position hitherto held by W. J. Brown was signalized by a very extensive criminal calendar, which comprised a few indictments for forgery.
In October, 1832, the first " bill of divorce " was presented to the court, and so very important did the case appear to Judge Test, that the cause was continued to the May term of 1833. President Judge Everts delivered judgment favorable to the husband, in so much that by it the bonds of matrimony were dissolved, and, in the language of the court, " aunulled, for ever set aside, and held for nought;" but the man thus set at liberty was ordered to pay the costs of the action.
The November session was almost wholly given up to the con- viction of a number of riotons men for contempt of court. John B. Chapman was prosecuting attorney, and succeeded in establish- ing the guilt of the greater number brought before the court for offenses against the State. Why so many and various affrays, forgeries, contempts of court, carrying concealed weapons, and assaults took place in 1834 is unexplained, but a look over the calendar will prove that the great majority of offenders did not belong to the county of Elkhart. Fleming Wright was arraigned for the murder of his wife in April, 1854. Owing to Judge War- den's connection with the accused, as counsel, Thomas S. Stanfield was appointed to try this case; but the defending lawyers had
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HISTORY OF ELKHART COUNTY.
already so impeded and hampered the action of Prosecuting Attor- ney Lowry, that Dec. 11, 1855, the court acquiesced in the prayer of the counsel for the criminal, T. G. Harris, Joseph Mather, Joe. L Jarnegan and others, and ordered an acquittal. At the same sitting James Jennings was indicted for assault and battery with intent to murder, and the court adjudged that he be fined $10, im- prisoned for 60 days and further until the fine be paid. This was well received by all lovers of justice, and aided in the continued respect of the law administrators by the people.
The September session of 1858 was important in the number and variety of the cases presented for trial. Among the prisoners was William Smith, indicted for an attempt to commit murder; and not- withstanding the fact that the prosecuting attorney obtained a con- viction, Judge Chamberlain, seeing that the prisoner was not naturally vicious, imposed a nominal fine of five dollars, and ninety days' imprisonment in the county jail, advising the unfortuna'e man to learn within that period a milder means of opposition than that pursued toward the man who happily survived his terrible on- slaught.
During that year a set of rules regulating the practice of the court was adopted, and some suggestions made in regard to improve- ment in accommodation.
Oliver Jones was indicted on a charge of attempting to murder a helpless neighbor. The cause was tried before the president judge and a jury during the March session of 1860. N. F. Brodrick, the foreman of the sworn twelve, handed in a verdict of guilty, when the court imposed a fine of one dollar and two years' imprisonment in the State prison.
In 1862 George Morehead was indicted for an attempt to kill, and the jury, with Samnel Fletcher as foreman, found the accused guilty, assessed a fine of $165, and imprisonment in the county jail for 40 days.
George Crull appeared before the court in September, 1866, to show canse why sentence should not be pronounced against him for an attempt to murder one of his neighbors. His plea of justi- fication conld not satisfy the court, so that the imposition of a light punishment resulted.
The prosecution of Benjamin F. Swineheart, for a like offense, broke down, the case was dismissed and the prisoner set at liberty to pursne a stormy career.
The year 1>65 was peculiarly remarkable for the number of mat-
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rimonial engagements broken off. The court had now a subject to vary its monotony. Many gay Lotharios appeared to defend them- selves against the specific charges of many a blooming maiden, and so interesting were their love stories that the audience filled the court-room throughout the long term, charmed with the charms and pathetie language of the fair plaintiff's, and of course shocked at the perfidy of the gay fellows, who dreamt of casting off allegiance to the girls they once promised to marry. " It was different in the old times " one pioneer would say; " Mighty different," another, and "Simply scandalons," a third. The lawyers, good souls, while sympathizing deeply with their clients, cherished the business dearly, and naturally allowed the " good work " to go forward; yet, at intervals, a gay but simple defendant desired to rush ont of court, and so in such instances many cases were settled by arbitra- tion, and in a manner comparatively satisfactory to the dear girl who sought to enter nuptial bonds.
THE REIGN OF TERROR.
There is some strange defect in the workings of science. That it has advaneed is a faet; and that man has decayed just in such a ratio as it advanced is undeniable. This record leads one to such a belief. The age of railways, the age of general travel, the age of the growth of infidelity, and, what some term, the age of reason, interferes but little with the point which this criminal record will sustain, and that is, previous to 1867 a bona-fide murder did not disgrace the calendar of the county; while within the short term which has since elapsed not one but many bear testimony to the growth of untrained passions, the return of the days when heredi- tary viciousness claimod for its appetito human blood.
During the September session of 1867 David Sebring was arraigned for the willtul murder of his wife. James II. Carpenter was prosecuting attorney, and certainly he pushed the charge for- ward with characteristic ability. The jury sat in deliberation for five days, and to the surprise of the court and auditory the fore. man, David Bowser, handed in a verdiet of " not guilty."
Edward Russell was charged with the murder of Williams in 1869, and was condemned to 21 years' imprisonment in the State prison.
Sylvester Proctor was convicted in 1870 for the murder of his
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HISTORY OF ELKHART COUNTY.
son-in-law, Nicholas Webber, and received the nominal punish - ment of three years in prison.
Stephen Jinks, a Lagrange county man, murdered one Mallow in 1878, elaimed an impartial trial from the justice of the Elk- hartians, and received from the conscientious jurymen a ticket to admit him to the State prison for life. From all that can now be gathered in connection with this murder, Jinks richly merited his fate. The action of the court, too, in rendering this severe sen- tence was replete with good results, for the time for inaugurating most condign punishment had arrived; the murder fiend was abroad over the land; but here, at least, a stand would be made against his approach in future. It is a strange world after all; precedents are forgotten, good examples and words of warning set aside. The dark soul of Jinks had scarcely appeared before the judgment seat of heaven than the murderer of Abraham Panlus was brought up for the judgment of mortals.
In 1879 Jacob J. Noel murdered this man Panlns; but the swift- winged justice claimed retribution, and led the blood-stained crimi- nal to a life-long sojourn in the prison of the State.
The civilization of this century opposes capital punishment, because it is considered barbarous. Life in a State prison, is really life to some murderers, and cannot be termed a punishment. Justice requires that justice should be done, and in acceding to the require- ment, it is scarcely fair to prolong the murderer's life at the expense of the people. What then should be done? Mete out death to him who knew no mercy, who sent man, perhaps nnpre- pared, before his God, and who to-morrow would tread the paths he walked to-day, and ery havoc, until death stayed his terrible career. There are redeeming qualities pertaining to some men who have been found guilty of murder, and to such the merey of life in a prison might be extended. It is well, however, that during the half century which has passed by since Elkhart county was organ- ized, no ease of capital punishment is on record-no murderer dangled in space within the county prison, nor do the bones of one find a resting place in the cemeteries. It is a prond record of which but few counties can boast, and must always prove a subject for congratulation to the present and future generations.
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HISTORY OF ELKHART COUNTY.
REMINISCENCES OF THE BAR.
Come, turn it o'er and view it well; I would not have you purchase dear. . 'Tis going! going ! I must sell ! Who bids? who'll buy the splendid tear ?
Man must not be serions always. In his proper state he cannot be; for good health depends in a great measure on an occasional langh, and merry moments snatched from time. The ancients so believed, the old settlers of this county practiced the salutary les- son, and often their peals of hearty laughter echoed through the forests of their land and rang out over the prairies until the scdate Indian, having heard, wondered at its boisterousness and reality. Sneh a langh and such a time cannot be even mimieked now; they have almost faded from memory. This is the Iron age when all such pleasures will have to be purchased, since few remain of the trne old men, each of whom was the center of joy and gladness. Let us revert to them.
'SQUIRE ROSE AND THE WIIGS.
Mr. Rose, a Justiec of the Peace for the county, and an unflinch- ing follower of the Democratic party, had the happiness on more than one occasion to prove the lengths to which his support of party politics would carry him. The legal gentlemen best known to Mr. Rose at that time were Michael C. Dougherty and Thomas G. Harris. The former was a Democrat of no small influence, the latter a Whig of acknowledged ability. The first was a political friend of 'Squire Rose; the second was his political enemy. Now it so happened that these gentlemen opposed each other in a law canse brought before the justice. The nature of the suit was a debt, which as the defendant claimed, was offset. T. G. Harris showed beyond a possibility of doubt that the money claimed by the plaintiff was justly due, that the statements of the defendant were withont foundation in fact, and closed his ease with a peroratory sentence, which was enough in itself to cause an issue of judgment in favor of his client. M. C. Dougherty appealed to the court against the sophistries of Harris, but tried in vain to convince the 'Sunire that even a point was made in the defense. Knowing the very poor case which he labored to defend, and aware of the appar- ent preparedness of his friend Rose to give a judgment for the amount of money claimed, Dougherty rose equal to the emergency,
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and addressing the 'Squire said: "Judge Rose :- The plaintiff in this case has spoken at the dictation of friend Harris. I do not say that his statements are absolutely false; but I maintain that they are exaggerated if not colored in tints such as glow in the imagination of his legal preceptor. I will not follow up all the peculiar evidence presented to the court by the complainant; but I must, for the sake of our common coantry, ask you to consider the political treachery of Harris and his client, to rest assured that their accusations have no reality in fact, to banish from your mind any impressions the eloquence of Harris or the imprecations of his client have made, and so fulfill your duty to the people and to the party who are the preservers of justice, by giving a decision favor- able to the honest Democrat, who has placed his righteous cause in my humble hands to be defended, before this tribunal, from the attacks of organized villainy." It is needless to add that the mind of Rose was changed by the pathetic eloquence of Dougherty, and the case against his client dismissed. When the 'Squire was after- ward interrogated upon the propriety of this decision he coolly remarked that, "Harris is nothing but a d-d Whig anyway." Well might the interrogator exclaim, " O tempora! O mores !"
. THE PROFANE HOG ROBBER.
A good story continues its circulation throughout the county, even to the present day. It is called "Tom Harris and the Pig Stealer." It appears that shortly after IIarris' defeat in the trial before Justice Rose, a monster villain, peculiarly addicted to steal- ing hogs, was arrested in the vicinity of Syracuse, and in prepara- tion for his trial sent to Goslien for HIarris, so that his acquittal might be something to be hoped for. Harris received the request, and with commendable promptitude started en route to Kosciusko county. Arriving there just in time for the court, he saw the pris- oner-his future client-in the dock, and at once presented his request to the justices that the man accused of " pig stealing " would be permitted to leave the court for a few moments so that he could confer with him, as he came here in his defense. The court granted the request, Harris and the prisoner retired to the rear of the vil- lage school-house wherein the court was held, and there entered into the following converse:
H. Now, look you here friend, tell me every d- thing in connection with your conduct. Did you steal the pig?
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P. S. -- I did. (Earnestly.)
H. How many dollars have you?
P. S. Here, I'll give you every g- d- cent. It is only a five- dollar bill.
H. Now, look you here; you are a g- d- rascal, and the only blessed chance I see left for your liberty to steal pigs during the next three months is to vamoose into that d - thick bush, and never show your face here again. (This said, Mr. Harris placed the $5 in one of his capacious pockets.)
P. S. Good bye, sir. Good-bye. I'm d- thankful to you.
The dashes represent some mighty expressions of profanity, and if they could possibly be reproduced in history, a fair idea inight be obtained of the vehement language which passed between that Lawyer, so opposed to profanity in any shape, and that pig- stealer, fully alive to its adaptability to his wretched avocation.
Harris, on returning to court, was asked where was his client. He looked very much grieved while responding, and said in accents of sorrow that the scoundrel fled into the forest with deer-like swift- ness. The justices and people did not regret his escape, as it relieved them of his presence, and the cost of feeding such a worthless, dis- reputable pig-stealer. Harris returned to Goshen tired of his jour- ney, and there discovered that the desperate robber of porcines carried out his criminal deeds to the end by giving him a counter- feit bill.
WASHINGTON EARLE'S BOOTS.
Earle belonged to a peculiar class of wits, whose phrases were quite natural and pithy. His vocabulary was singularly replete with obsolete and new words, his diction was melodramatic, and his whole style half legal, half journalistic. In connection with Judge Chamberlain's law office, he contrived to render time subser- vient to his will at long intervals, and often turned the anxious client from thoughts of law to lighter occupation. A story or a phrase from him was only necessary to achieve this result; but his quaint humor almost got him into trouble once. It appears that in the absence of his hnge principal, he was accustomed to call the ponderous Judge " Mahogany Face." Well, one evening the youth of Goshen gave a soiree in the large rooms above the judge's office, in the then new building at the corner of Main and Market streets. This jolly meeting Earle was determined to attend, and after his late office hours, dressed hurriedly, merely substituting slippers for
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the boots, and a fancy tie for the ordinary neck-wear. As there was no key for the office door, Washington placed his discarded boots and old tie in the nearest drawer, and without a thought of supper rushed up stairs to join in the dance. Meantime the Judge returned to the office to look over some legal documents, and to his horror fonnd that the boots and tie of his clerk were stowed away in the very drawer wherein were the very documents which were presently to bear a judicial survey. Now, Chamberlain grew very mad, and without any ceremony whatever cast Earle's pedal and neck orna- ments ont the window, then hid the lamp and matches, and retired to a corner of the room, there to await his clerk's coming. Tired of the dance and perhaps anxious for supper the young Lothario, with a friend came in search of his boots; a search that proved more per- plexing the longer it continued. At length growing desperate and quite unaware of the old Judge's presence, he remarked, " I bet my life old Mahogany Face has been here." Continuing the search, and meeting with disappointment he was abont retiring from the dark room, and said again to his friend: " That cursed old Mahog- any Face has surely been here." " Yes," roared a voice from the darkness; "old Mahogany Face has been here and consigned your boots with all the other d-d paraphernalia of your nonsense to the street, where your contemptible cheek may find them." It is abso- lutely unnecessary to state that Earle went home minns his boots. The thunder of the terrible old Judge pursued him in his flight.
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