USA > Indiana > Fayette County > History of Fayette County, Indiana: containing a history of the townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies, etc., etc. > Part 10
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65
IHISTORY OF FAYETTE COUNTY.
ital! I. did not think it was in him!' The jury returned a verdict of 'not guilty,' amid the raptur- ous applause of the audience. Court adjourned, and the people returned home to tell their children that they had heard the lawyers 'plead.' "
THE BRADBURN TRIAL. "
Among the first of the great tragic trials in the State of Indiana was that of Dr. Johu Bradburn, of this county, on an indictment for murder, at the time Oliver H. Smith was County Prosecutor for the State. The facts of the case were briefly these: " Dr. Bradburn was an eminent surgeon, a man of great muscular power, and of the most indomitable per. sonal courage. I have scarcely over seen a more athletic mnan, and I never knew a man of greater bravery. He lived some four or five miles from Con- nersville. In general the Doctor was highly re- spected, but it seems that he had given some real or imaginary cause of offense to several young men of equal respectability in his neighborhood, who took it into their heads that they would take the Doctor from his house in the night, ride him on a rail to the water and then duck him. The Doctor by some means got wind of what was going on, and prepared himself with weapons for defense, among which was a long dissecting knife with two edges. The young men, unaware of his preparation, fixed upon a dark night to carry their plans into execution. Capt. Robert L. Broaddus was selected as their leader. About 12 o'clock at night the party silently ap- proached the dwelling of the Doctor and tried to open the door, but found it fast. The Doctor was in bed in an adjoining room, wide-awake, with his large knife under his pillow, cool and prepared. The out- side party placed an iron crow-bar, which they had brought with them, under the door, threw it off its hinges and entered the room, carrying with them the ropes prepared to tie the Doctor before they took him from the house. In the meantime the Doctor re- mained silently sitting upon his bed, with his knife in his hands. The room was dark. The party ad- vanced, feeling their way, until the foremost, young Alexander, about eighteen years of age, reached the bed, when he received a fatal stab with the knife, turned, rushed to the door, stepped out, and fell dead in the yard. Not a word was spoken. The next, young Caldwell, about twenty years of age, ad vanced, evidently not knowing the fate of Alexander, until he came within the grasp of the Doctor, when the fatal knife was thrust through his side, penetrat- ing his heart. He uttered a lond groan, turned, fled to the door, passed a short distance into the yard, fell and died near the body of Alexander. The groan
of Caldwell alarmed the others, who immediately re- treated for the door, pursued by the Doctor, and one other of the party received a severe but not a mortal wound. Capt. Broaddus told me that at one time the Doctor was between him and the door, and as he passed to go out the Doctor struck at him with his knife, and just grazed his side. It was very evident that but for the groan of Caldwell not one of the assailants would have left the house alive. Such was the awful tragedy at the house.
"The young men killed were of the very first famn - ilies of the county; indeed of the State. The excite- ment was intense; the Doctor gave himself up, and was put in jail. While the inquest was sitting over the dead bodies he was calm and composed, and stated all about the transaction, and I have no doubt truth- fully, for he was a man of truth, although his life was at stake. Ho had been my client, and on this, the most trying occasion of his life, he insisted that I should defond him. I told him I was the Attorney of the State. 'You get but $120, a year, and I will give you $500 for this case alone.' I, however, at once told him that no fee could induce me to forsake the State at such a juncture, and declined further conversation with him. He sent to Brookville for John T. Mckinney to defend him. The court met; the grand jury found a bill for murder; the trial came on; the facts substantially as stated were proved, with the admission of the Doctor. The court house was crowded with an excited population; Gen. Mckinney made a strong speech in the defense, but it evidently fell upon unwilling ears. My closing speech was again and again applauded by the crowd, and the applause as often reprimanded by the court and the Sheriff. It was evident that the jury and the audience were with me, and had the case gone to the jury without any charge from the court, Doctor Bradburn would have been illegally convicted, I have no doubt. But Judge Eggleston, as we say, had the 'closing,' a last speech, and nobly did he sustain his high character as a Judge on that occasion. He took up the case calmly, but firmly; examined its principles, and laid down the law of self-defense, or excusable homicide, that governed the prosecution, step by step, until, I am satisfied, there was neither lawyer, juror, nor by-stander in the court room that did not acquit the prisoner before the jury left the box. The jury retired but a few minutes and re- turned a verdict of not guilty, on the ground of self- defense. So ended this long-to-be remembered case in old Fayette."
[We had desired and hoped to be able to give an account of the awful tragedy pictured above as it ap- peared, written at the time of its occurrence, in the neighboring press. Though diligent search has been
*From Hon. O. H. Smith's "Early Indiana."
66
HISTORY OF FAYETTE COUNTY.
made for files of papers that might contain it, they have not been found. The tragedy took place on what was known as the Isgrig farm, located on Lick Creek about mid-way between Connersville and Har- risburg, on the night of May 27, 1825, - the night of the day on which was a general muster at Harrisburg. The names of the young men killed were Nesbit Alex- ander, and James Caldwell, each being in the twenty- fifth year of his age. We learn from Uncle Joseph Caldwell, a brother of James, that Mr. Smith is mis- taken in regard to the circumstances of Caldwell's death. Young Caldwell received a stab just below the right nipple, when he rushed through the house, hallooing as he went, "Knife, boys!" which alarmed the others, causing them to retreat. He ran some fifty or one hundred yards to a fence near by, and from there was taken by the other boys to the house of Samuel Dehaven, where he remained several days, then was removed to the home of his parents, where Joseph Caldwell now resides, where he died June 3, 1825. William Caldwell, a cousin of James, was another of the party who received a wound from the knife. With this exception the circumstances of the tragedy as given by Mr. Smith are believed to be about correct. THE WRITER. ]
PROBATE COURT.
Until the yoar 1829, the business of the Probate Court was transacted before the Associate Judges of the county. The first session of this court was held at Connersville before Train Caldwell and Edward Webb, Associate Judges of Fayette County, begin- ning on the 26th day of April, 1819; present also were Jonathan McCarty and John Conner, Clerk of the Courts and Sheriff of the county, respectively. The first business was transacted on the following day, when appeared William and Morgan Vardiman, administrators of all goods, chattels, and credits of John S. Vardiman, deceased, and produced and ex- hibited an inventory of the appraisements of the goods, chattels, and the estate of said John S. Vardi. man, deceased, as appraised by William Callon and Abraham Bays, which was ordered filed in the office of the Clerk of the Circuit Court; and the inventory of the sale of said decedent's estate, which was ex- hibited by the administrators as sold by them on the 26th of February, 1819, was by the court ordered recorded and the original filed in the Clerk's office.
The business of this court was first transacted before a Probate Judge in September, 1829, when Philip Mason appeared as such officer (producing his commission September 7). Mr. Mason was succeeded by Justice Wright, whose name is first mentioned in this connection at the August term of court, 1834, and
who served until the office was abolished by the con- stitution of 1850.
COURT OF COMMON PLEAS.
Under the constitution of 1850, the business of the Probate Court was classified with that of the Court of Common Pleas, which court was formed by the new constitution of 1850, the first term of which court was convened at Connersville in January, 1853, with John S. Reid on the bench, as the first Judge of the Court of Common Pleas. Mr. Reid discharged the duties of this office until the December term of the court, 1860, when he was succeeded by Jeremiah M. Wilson, who served until the spring term of court, 1865, then succeeded by John F. Kibby. Mr. Kibby served until 1873, when the business of this court and that of the Probate Court were thrown into the Cir- cuit Conrt.
ASSOCIATE JUDGES.
1819-20, Train Caldwell, Edward Webb; 1821, Edward Webb, and until July 1821, Train Caldwell, when succeeded by William Helm; 1822-24, Edward Webb, William Helm: 1825, Edward Webb, and until the fall term of court, William Helm, when suc- ceeded by James Brownlee; 1826-27, Edward Webb, James Brownlee; 1828-32, Edward Webb, William Miller; 1833-36, Edward Webb, John Treadway; 1837, Edward Webb, and until March, John Tread- way, when succeeded by Stanhope Royster; 1838-39, Edward Webb, Stanhope Royster; 1840-46, Edward Webb, Jeremiah A. Wilson; 1847-51, Joshua Mc- Intosh, John Scott.
PROBATE JUDGES.
Philip Mason, September term, 1829, succeeded at the August term, 1834, by Justice Wright, who served until the office was abolished by the constitution of 1850.
SHERIFFS.
1819, John Conner; 1820-24, John M. Wilson; 1824-28, William Caldwell; 1828-30, Robert D. Helm; 1830-32, Gabriel Ginn; 1832-34, William Dickey; 1834-38, John Willey; 1838 to the fall term of 1841, Thomas Lines; 1842 (spring term), Joshna McIntosh; 1842 (fall term) to 1846, William M. Smith; 1846-50, Joseph Clark; 1850-54, L. W. McCormick; 1854-58, William McCleary; 1858-60, William J. Orr; 1860-64, John Savage; 1864-68, William Cot- ton; 1868-74, J. S. Miller; 1874-78, Dr. B. Ball; 1878-82, John Lair; 1882, present, Samuel Kirkham.
CLERKS OF THE COURTS.
1819-27, Jonathan McCarty; in December, 1827, Gabriel Ginn was appointed Clerk pro tem by the Associate Judges, McCarty having resigned; Septem-
67
HISTORY OF FAYETTE COUNTY.
ber, 1828-32, William Caldwell; 1832-42, Gabriel Ginn; 1842-46, George Ginn; 1846-58, Amos R. Edwards; 1858-66, Confucius Edwards; 1866-74, Gilbert Trusler; 1874 to February, 1881, N. T. Barn- ard; February, 1881, present, Thomas Little.
RECORDERS.
1819-22, Joseph C. Reed; 1822-29, Jonathan McCarty; 1829-45, John Tate; 1845-46, Lewis C. Fouts; 1846-57, Joseph Tate; 1857-65, James K. Rhodes; 1865-72, Daniel Rench; 1872. Charles E. Smith (first deed recorded in February and last in November); 1872-80, Charles B. Saunders; 1880, present, William N. Young.
AUDITORS.
The office was created in 1841; 1841-52, Daniel Rench; 1852-59, Job Stout; 1859-67, James Elliott; 1867-75, William H. Green; 1875-83, Charles R. Williams; 1883, present, John Payne.
TREASURERS.
1819-24, Newton Claypool (resigned in the sum- mer of 1824, and in August Samuel Vance was appointed); 1825, Samuel Vance; 1826, Abraham W. Harrison; 1827, Gabriel Ginn; 1828, George Davis, 1829-31, Larkin Sims; 1832-47, Henry Goodlander; 1847-50, William M. Smith; 1850-53, Joseph H. Clark; 1853-57, William H. Beck; 1857-61, Joseph T. Tato; 1861-63, William Watton; 1863-65, Alfred B. Gates; 1865-69, James K. Rhodes; 1869-73, William Cotton; 1873-77, George M. Nelson; 1877- 1881, James D. Henry; 1881, present, Robert Utter.
JUSTICES OF THE PEAOE.
A complete record of the persons who have served as Justices of the Peace in Fayette County seems not to have been kept, yet several fragmentary records are found in the court house, from which, together with such names as appear on record, as serving in that capacity, through the various records of the county, the greater number of Justices of the county from its organization can be given, and are set forth in the following list. Where it can be shown, the date of commission, or the date each was qualified, or took the required oath of office, and the sub-divis- ion of the county to which he belonged, are given:
At the meeting of the first Board of the Justices of the Peace of the county held September 6, 1824, were present Moses Fry (Connersville Township, and who was in office at the time of his death in 1834), Daniel Skinner (Waterloo), Manlove Caldwell (Posey), Jacob Goodlander (Harrison), Robert D. Helm, Dan- iel Noble, Justice Wright (the latter of Connersville),
John Boyd, Joseph Hawkins and James Buchanan (the latter of Columbia). In 1819 John Perrin, Joseph Bell, Benjamin McCarty and Philip Mason appeared as Justices. Manlove Caldwell's election occurred in the spring of 1821; 1825, William Arnold and Isaac Thomas (Orange); 1826, Marks Crume, Triplet Lockhart, Gabriel Ginn, Samuel Fuller and John Conner; 1827, Thomas Moffit (Orange); 1829, Samuel Hutchings (Jennings), Simon Carpenter (Con- nersville); Elijah Corbin (Jackson); 1830, Horatio Mason, Elijah Corbin, Mathias Dawson and Henry C. Lee (the latter of Waterloo); October 24, 1832, Isaac Metcalf (Posey) commissioned, resigned in 1834; 1833, Moses Williams (Jennings), J. D. Thompson (Jackson), John Davidson (Columbia), and George K. Cook; 1834, James C. Rea, July 12, and July 24, 1839; William A. H. Tate (Connersville) commissioned December 4, 1847, December 4, 1852, December 4, 1856, December 4, 1860, December 4, 1864; C. B. Clements (Columbia), qualified Novem- ber 7, 1848; John McConky, commissioned April 16, 1849; 1849, James Baird (Connersville), commis- sioned July 17; C. Banister (Fairview), April 16; James C. Rea (Harrison), December 22, April 19, 1855, April 20, 1859; James C. Rea, Jr., 1882; Amos Chapman (Waterloo), December 22; William H. Thomas (Waterloo) December 22; A. F. Martin (Orange), February 23, 1850; David Wilson, April 19, 1850; Alexander Martney, June 13, 1851; Will- iam Freeman (Posey) May 10, 1851; James M. Green (Jackson), August, 1850, April 18, 1854; Alexander W. Lemon (Jennings), May 15, 1851; James Limpus (Columbia), April 25, 1851, April 23, 1856, April 23, 1864; Lorenzo D. Springer, September 26, 1851; J. P. Daniels (Orange), October 22, 1851, October 21, 1856; John S. Springer (Orange), January 21, 1852, January 20, 1856, January 20, 1860, January 19, 1864; Thomas T. Courtney (Jennings), January 16, 1852; Moses Green (Waterloo), April 23, 1852; Raney Gillman (Waterloo), April 23, 1852, April 23, 1856; Zimri Utter (Columbia), October 25, 1852, December 16, 1865; Thomas E. McCon- nell (Fairview), November 17, 1852, November 17, 1856; Linville Ferguson (Posey), November 17 1852; John H. Rea (Jackson), March 29, 1853; John Beck (Jennings), April 18, 1853, April 15, 1857, May 21, 1861; James Hamilton (Connersville), August 5, 1853; John B. Tate (Connersville), April 15, 1854, November 12, 1861, November 12, 1865; James Shortridgo (Fairview), April 18, 1854; Elias R. Lake (Jackson), April 18, 1854; William Curnett (Jen- nings), April 18, 1854, April 20, 1859; John M. Cummins (Posey), April 18, 1854; James Beard (Connersville), July 16, 1854; Henson R. Hamilton (Waterloo), April 18, 1854; James L. Veatch (Jen-
68
HISTORY OF FAYETTE COUNTY.
.
nings), April 22, 1856; William D. Westerfield (Posey), April 22, 1856, April 22, 1860; Solomon Brown (Columbia), October 24, 1856, October 24, 1860; Joseph Crowley (Jackson), December 29, 1856; Wilson T. Cook (Waterloo), April 15, 1857; Joseph Marshall, October 30, 1857; John McLain (Conners- ville), April 20, 1858; James H. Bonham (Jackson), April 20, 1858; William A. Bush, April 20, 1858, April 22, 1862, February 10, 1879, April 13, 1880; George W. Callaway, April 20, 1858; Levi Carver (Harrison), April 5, 1858; Albert Ellis, October 11, 1858; Israel W. Bonham (Jackson), December 10, 1858; Amos G. Smith (Waterloo), April 22, 1860; John Banister (Posey), April 10, 1860, April 9, 1864; William McCleary (Connersville), June 6, 1860; Ed- gar Hibbs (Columbia), April 23, 1860; Joseph P; Daniel (Orange). October 21, 1860, October 27, 1870, November 13, 1874, October, 1878; Thomas E. Mc- Connell (Fairview), November 16, 1860; William C. Forrey (Waterloo), May 21, 1861, November 13, 1869; Samuel Crago (Columbia), December, 1861; David Van Sickle, December 16, 1861, April 18, 1867; Jesse P. Elliott (Jackson), April 22, 1862; H. Kingery (Jackson), April 22, 1862, September 18, 1866; John J. Burke (Jonnings), April 22, 1862. Freeman Johnson, April 18, 1863; Thomas G. Price (Waterloo), April 21, 1864; Hiram Langston (Jack- son), April 20, 1804, October 31, 1872; Philip N. Shrader (Posey), April 21, 1864; Elisha Vance (Con- nersville), June 5, 1864; Wilson T. Dale, August 30, 1864, August 30, 1868, September 13, 1880; William Conner (Orange), October 20, 1864; Thomas Smiley (Fairview), November 16, 1864, April 14, 1870, April 14, 1874; David Veatch, April 18, 1866, December 15, 1874, October, 1876; John P. Thrasher, April 18, 1866, October, 1876; Charles H. Stone, April 18, 1866; Joshua C. White, September 2, 1865; Alpheus M. Elder, April 18, 1866; Enoch Caldwell, April 18, 1866, October 27, 1870; Samuel B. Hunt, April 30, 1868; Benjamin German, April 20, 1869; George W. Hinchman, April 20, 1869; Mark Litinger, October 27, 1870; Jacob E. Stephens (Waterloo), October 27, 1870, April 17, 1875, June 25, 1879; Charles M. Stene, October 27, 1870; P. Lako, July 24, 1872; James Cotton, October 31, 1872, June 8, 1878; Basil McCann, April 1, 1874, April, 1878, April 8, 1882; John W. Hanna, December 5, 1874, December 5, 1878; James M. Crawford (Posey), April 18, 1875, April 12, 1879; Peter C. Eshelman (Jennings), Octo- ber 3, 1876; William H. Hatton (Connersville), Sep- tember 3, 1878, April 11, 1882; Benjamin F. Simp- son, April 12, 1830; William Rudy, November 10, 1880; Lewis M. Dovelin, July 23, 1831; James T. Crickmore (Orange), April 11, 1882; Mark Littering- ton (Jennings), April 8, 1882.
COUNTY GOVERNMENT AND EARLY PROCEEDINGS.
The first Commissioners of the county of Fayette were Basil Roberts, Harod Newland and John Tyner. Their first meeting was held in Conners- ville, on Monday, February 8, 1819, at which the above named Commissioners were present. However, no business was transacted, for " it appearing to the Board that no Clerk had yet been appointed for the county, and there being a probability of the Clerk elected for the county being commissioned shortly, it is orderel that this Board adjourn until to-morrow morning at 9 o'clock."
In pursuance to the above the Board again assem- bled on the following day, when were present the Commissioners named and Jonathan McCarty, who produced his commission as Clerk of the Fayette County Circuit Court, and the following business was transacted: On motion it was ordered that the county of Fayette be divided into five townships, namely: Columbia, Connersville, Harrison, Brownsville and Jennings. Their boundaries were given, which will he omitted here and given in the township histories.
It was ordered that the following named persons be appointed Inspectors of elections in and for the different townships: For Connersville Township. Marks Crume; Columbia, Morgan Vardiman; Harri- son, Joseph Dale; Brownsville, Richard George Paris; Jennings, Hugh Bell.
It was next ordered that there be two Justices of the Peace allotted to each township, to be elected in their respective townships on the first Monday in March next; the Sheriff to give notice of the same.
Ordered the following persons be appointed Con- stables in their respective townships: Abraham Bays for Columbia Township, one year; Joel White for Jennings Township; John McCormick, Connersville Township, one year; Reason Davis, Harrison Town- ship: Joseph Gassett. Brownsville Township.
This completed the business of the day. Febru- ary 10, the Board appointed Adariah Morgan Lister for the county for the year 1819 (the bond required of him was $1,500). Newton Claypool was appointed Treasurer of the county, and required to give a bond of two good free holders security in sum of $2,000. John McCormick, Sr., and John Tyner were appoint- ed Overseers of the Poor in Harrison Township for one year; Abiather Hathaway and Nicholas Reagan for Connersville Township; Noah Pumphrey and John Conner, Columbia Township; James Haughan and Athariel Sims, Brownsville Township; Joseph Vanmeter and Samuel Bell, Sr., Jennings Town- ship.
Jonathan McCarty was authorized to contract for and procure a seal to be made of copper or brass with the following letters engraved thereon: "Indi-
69
HISTORY OF FAYETTE COUNTY.
ana, Fayette County, B. C.," which said seal when so procured and approved by the Board shall be known and used for the common seal of the Board of County Commissioners.
In May, 1819, A. Morgan was allowed $60 for his services as Lister of the county for the year. Will- iam W. Wick was allowed $20, the sum granted him by the Circuit Court for Prosecuting Attorney, at the May term of court.
May 11, 1819, it was ordered that the following tavern rates be charged by the tavern keepers iu the county :
For every { pint of French brandy or winc, rum and imported wincs. $0.50
For every } pint peach brandy or gin 25
For every { pint whisky .12}
For porter per quart .25
For cider per quart. .121
For strong beer per quart. .12+
For dinner, breakfast er supper. .25
For lodging per night. . .12}
For horse to hay per night .. .25
For eats or Indian corn per gallon. .12}
In May, 1819, it was ordered that a tax levy for county purposes for the year 1819 be as follows:
On each horse, mare, colt, mule or ass ever the age of three years. $0.37}
For every town lot ($100 valuation). .50
For each 100 acres of first-rate land .. .50
For each 100 acres of second-rate land. .43ยช
Fer each 100 acres of third-rate land. .31}
In November, 1819, Jonathan McCarty was allowed $30 for his annual allowance as Clerk to the Board of Commissioners for the year 1819. In Feb- ruary, 1820, Benjamin McCarty was appointed Lister of the county for that year; and for his services was subsequently allowed $64.
Jonathan McCarty was allowed $50 for his serv- ices for the year 1819. John Conner as Sheriff of the county, in 1819, was allowed $50.
The Associate Judges were generally allowed $2 per day for their services. In June, 1820, James C. Rea was appointed to take the census of the county, for which he was allowed $2 for each 100 persons.
The following statement exhibits the condition of the county treasury in November, 1820, on their set- tlement with Newton Claypool, the County Treasurer: To balance remaining in Treasury November, 1819 .. $869 03 To amount tavern licenses, taxes and notes and cer-
tificates to this date. 189 25
Duplicates for the year 1820. 946 024
$2,004 30}
Cr. by orders allowed aud disbursed to date .. .$680 061 By donation charge debited to Treasurer in last year's settlement. 105.00
By 5 per cent on $900, amount received and disbursed during 1819-20. 45 00
$830 06}
Dr. to
$2,004 30}
Cr. by. 830 06
$1,174 24}
The first marriage license recorded after the organ- ization of the county, was that of Stephen Philpott to Rebecca Hawkins. The date of the issue of the license was February 9, 1819. The marriage was solemnized by Rev. Adam Banks.
The first deed recorded in the, county was an indenture made Jannary 31, 1819, by Paul Davis, and his wife Margaret, of Conuersville Township, Franklin County, Ind., on the one part, and James Davis, of the same township, county and State on the other part. It was the conveyance of the south half of the northeast quarter of Section 21, Township 14, Range 12 east, and the consideration was $80. The transaction was acknowledged before John Perin, a Justice of the Peace, January 31, 1818, and recorded March 23, 1819, by J. C. Reed.
The first will recorded was that of the last will and testament of George Kirschman, deceased, of which record was made in the court house, August 26, 1819.
The Clerks of the courts of the county from its organization to 1841 were also the Clerks of the Board of Commissioners. In 1841 the office of Auditor was created, and since that time the Auditor of the county is also the Clerk to the Commissioners.
COUNTY COMMISSIONERS.
The following is a list of the Commissioners of Fayette County from 1819 to 1884 inclusive:
1819 -- Basil Roberts, Harod Newland, John Tyner.
1820-Basil Roberts, Harod Newland, John Tyner.
1821-Basil Roberts, John Tyner, Stanhope Roy- ster, Harod Newland, James M. Ray (Newland was succeeded in May by James M. Ray, who was ap- pointed until the August election, and was succeeded by Royster).
1822-Basil Roberts, Stanhope Royster, Samuel Vance; the latter having been appointed to fill a va- cancy caused by the death of Tyner, was succeeded in August by Jonathan John.
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