USA > Indiana > Gibson County > History of Gibson County, Indiana : her people, industries and institutions > Part 17
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"Among the pioneers there were two women who were perhaps as well known in the obstetric line as any two persons in the county. Mrs. John Severns, who with her husband settled on Patoka river three miles northeast of Princeton, when this country was mostly inhabited by Indians and wild animals, was the first practicing mid-wife. I have often talked with her daughter, Mrs. William Leathers, -- who was born, lived and died on the same spot of ground,-about her mother's early experience.
"There were neither bridges nor ferries on the Patoka river and when 'Old Granny Severns,' as she was familiarly known, had a call to the other side of the river, should it be too deep to 'ford'-she would mount her horse and 'swim' the river, no matter what the temperature or condition of the stream. She continued her work up to the time of her death, which oc- curred, perhaps, between the years 1835 and 1840.
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"The other mid-wife was Mrs. John Kell, who settled here in 1816. Just how soon she began her work in that line I am unable to say, but it was at a very early day and she continued for a number of years after I came to Princeton-indeed until the feebleness of age laid her aside. She died in either 1857 or 1858.
"For a few years after white people began to settle in this locality, there is no record accessible of any physician having located here, Vincennes, twenty-seven miles north, being the nearest point where medical assistance could be obtained.
"Doctors Casey, Charles Fullerton and Robert Stockwell were among the earliest practitioners to locate in this county. A few years later Doctors Maddox and Kell were added to the number, but there is no available history as to the exact time of their locating.
"Dr. William Curl, a graduate of the University of Virginia, was the first medical graduate to practice in Gibson county, having settled in Prince- ton in 1832. He died in March, 1842, from pneumonia, at the age of thirty- nine years.
"Dr. J. J. Pennington ( 1805-1897) was practicing here in 1850, but how long before that tinie I am unable to say. He remained until about 1865.
"Dr. George B. Graff, educated in Baltimore, settled here in 1843 and removed to Omaha, Nebraska, about 1862. He died about 1895.
"Dr. James C. Patten graduated at Evansville and began practice in this county in 1849. He died in 1903. He served as assistant surgeon of the Fifty-eighth Indiana Regiment, during Sherman's march to the sea. The physicians living in Gibson county when I came here were as follows: [Doc- tor Blair came here in 1850 and has been in constant practice either here or as a surgeon of the Union army, in the Fifty-eighth Indiana Regiment, ever since, he now being eighty-seven years of age .- ED.]
"In Princeton-Drs. H. H. Patten; J. J. Pennington, born 1805, died 1897; W. W. Walling, George B. Graff and myself.
"In Owensville-Drs. Fullerton and Cook.
"In Patoka-Dr. J. C. Patten, there being then no other towns in the county.
"In the country-There were, Dr. Day, a short distance east of where Fort Branch is now located, and Dr. Mccullough, near where Oakland City is.
"All of our work was done on horseback and the trips long. We went (12)
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west to the Wabash, nearly to Owensville, two miles south of Fort Branch, two or three miles beyond Providence church, the same distance beyond Somerville, and Oakland City; three or four miles beyond Kirk's Mill, all around Union, Buena Vista and Hazelton, and all over the 'neck' in Knox county. Daily visits were then never thought of; once or twice a week was the limit. But still people recovered from attacks of sickness, then as now. "No greater advancement has been made in any line in the past sixty years than in the preparation of medicines. Then each physician bought the crude drugs and made his own preparations, many of them not very palatable. Today the pharmacist does all that work and in a much more scientific manner, for which the patient has great reason for thankfulness. Many remedies entirely unknown sixty years ago are today in constant use."
OTHER PHYSICIANS.
From Tartt's "History of Gibson County," published in 1884, the fol- lowing account of physicians may be seen on page 162 :
In Princeton-Dr. Thomas Polk, who located in Princeton in December, 1814, was the first resident physician. Dr. Joel Casey came here in 1816. remaining until his death in 1828. He was a good doctor and a gentleman and a greatly esteemed man in the community. Dr. Fullerton settled here about 1825, and resided and practiced in this county until his death in the late seventies or early eighties. Dr. Walters, a physician and merchant, and Dr. Thompson came in a little later. Drs. Robert Stockwell, John Kell, Bruce, Pennington, Curl, Walling, H. H. Patten, J. C. Patten, A. Lewis and Dr. Graff were all prominent physicians in early days. The physicians prac- ticing in Princeton in 1884 were W. W. Blair, V. T. West, W. G. Kidd, Samuel E. Munford, J. S. Shoptaugh, D. G. Powell, L. H. Staples, J. A. Malone, A. R. Burton, F. H. Maxan, John Ward, Frank Blair, George C. Kendall, W. H. Maghee and O. L. Hudson.
At Owensville-In 1884 the physicians named were T. J. Montgomery, D. M. Shoemaker and J. M. Williams.
At Egg Harbor-Dr. J. N. Neely.
In Barton Township-The first physician to locate was Dr. George Austin, who came in the fall of 1823. Before that time there were no physi- cians nearer than Princeton. The pioneers were a hardy set of people and only called a physician when some bad ailment attacked then.
At Oakland City-In 1884 the physicians were Drs. W. J. McGowan,
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W. L. Leister, T. M. Brown, George C. Mason, W. H. Stewart. J. W. Mc- Gowan.
At Fort Branch-Here the early doctors were Dr. William R. Genung in 1859; he was followed by Drs. Hamilton and John W. Runcie.
At Haubstadt-In 1884 the physicians were Drs. George A. Thomas, Peter Ottman and John Ballard.
At Warrenton-The early physicians were Dr. V. H. Marchland, Sr., Dr. William L. Littlepage, both of whom died before 1884. In 1884 the doctors were G. C. Littlepage and Victor H. Marchland.
Coming down to 1897, it is found that these comprised nearly a full list of physicians in Gibson county : R. S. Anderson, A. R. Burton, Hiram Burton, John Ballard, W. W. Blair, Frank Blair, Thomas M. Brown, R. A. Benson, George B. Beresford. John I. Clark, W. B. Duncan, Oscar F. Davis, George T. Dorsey, E. E. Eads, W. W. French, J. F. Gudgel, W. R. Genung, Oliver L. Hudson, John F. Howard, Royal G. Higgin, W. G. Hopkins, John M. Ireland, William G. Kidd, G. C. Kendle, F. H. Maxam, T. J. Mont- gomery, Victor Marchland, Robert S. Mason, G. C. Mason, J. W. McGowan. W. J. McGowan. John S. Moreman, Claude M. McDonald, Frank Nelson, Calvin L. Null, James C. Patten, Isom H. Fitch, J. W. Runcie, D. P. Reavis, H. R. Rickets, L. B. Richie, J. L. Robinson, George Strickland, J. W. Shelton. S. H. Shoptaugh, William H. Stewart, Dr. Tarr, George A. Thomas, James Thomas, J. M. Williams, W. T. Williamson, A. C. Woodruff. J. P. Ward.
PHYSICIANS AT OWENSVILLE.
Through the thoughtfulness of the medical society, the following list of about every doctor who has ever practiced at the town of Owensville from pioneer days to this date has been furnished : Drs. Smith, 1825; Fullerton. 1830; Lesher. 1845: Neely, 1852; Mitchell, 1854; Cloud, 1818; T. J. Mont- gomery, 1869; Chandler, 1858; Neely, Jr .. 1856: Thomas Sharp, Henry Wilson, B. F. Cook, Moore, 1863: Shoemaker, 1876: Smith, Jr., Hopkins. Richardson, dates unknown; Moore, 1892; Defoe, 1862; Goodwin, 1878: West, unknown date; Williams, 1880: Clark. 1889: P. B. Moore, 1897; Thomas, 1898; J. R. Montgomery, 1904; Emerson, 1898; Roe & Spencer. dates unknown; Beresford, 1892; Wiltshire, 1903: Woodruff. 1880; Malone, 1861 ; Goodwin, 1901 ; Graff, 1851 ; Downey, 1853; Wilborn, 1865; Fuller, 1854; Lockhart, 1900.
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MEDICAL SOCIETIES.
Prior to the Civil war period there was a medical society organized by the physicians of Gibson county, but it went down after a few years. No further attempt at maintaining such a society was had until some years after the war, when the present society was organized. The following is a tran- script from the records of the present medical society of this county :
"Princeton, May 1, 1874 -- Pursuant to a call, a number of physicians of Gibson county met at the office of Dr. S. E. Munford for the purpose of organizing a county medical society.
"On motion, Dr. W. A. Downey was called to the chair and Dr. N. H. Church chosen secretary. On motion, a committee of four was appointed to report on a constitution, and the chair appointed Dr. S. E. Munford, Dr. West. Dr. W. G. Kidd and Dr. P. H. Curtner, which reported a constitution, which was adopted after having been read section by section, and the com- mittee discharged.
"On motion, a committee was appointed to report on nomination of officers for the ensuing year and the following gentlemen were nominated and unanimously elected: For president, Dr. W. A. Downey ; secretary, Dr. S. H. Shoptaugh; treasurer, Dr. W. G. Kidd; censors. Drs. Robert Moore, J. W. Runcie and E. J. Howard.
"On motion, a committee was appointed to prepare the constitution for recording and that the same be recorded at the recorder's office of Gibson county, and paid out of funds of the society.
"On motion, Doctors Runcie and Patten were requested to prepare papers to be read at the next monthly meeting. On motion of Doctor Mun- ford, Doctor Patten was elected as an honorary member of the society.
"On motion of Dr. W. W. Blair, a committee of three was appointed to prepare the by-laws, consisting of Doctors Blair, Moore and Church.
"On motion the society adjourned to meet at Doctor Munford's office May 29, 1874. (Signed)
"S. H. SHOPTAUGH, Secretary."
The society has been kept up ever since and holds its regular monthly meetings. The present officers are: W. G. Hopkins, president: A. L. Ziliak, secretary and treasurer. Through the courtesy of the secretary, the author
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is enabled to give the following list of practicing physicians of Gibson county at this date ( 1914) :
Alexander, H. H., Princeton. Anderson, R. S., Princeton.
Arthur, Hamilton M., Hazelton. Arthur, Martin L., Patoka. Arthur, Sylvester Irwin, Patoka. Ashby, W. B., Oakland City. Bass, Herschell Logan, Fort Branch. Beresford, George B., Owensville. Blair. W. W., Princeton. Brown, .A. P., Princeton. Brazelton, O. T., Princeton.
Burton, Albert R., Princeton. Camp. G. H., Oakland City. Critchfield, John S., Princeton. Cushman, Robert A., Princeton. Davis, William T., Patoka.
Emerson. R. W., Owensville.
French. W. W., Fort Branch.
Genung, William R., Fort Branch. Died January 1, 1914. Goodwin, L. D., Mt. Carroll.
Gudgel, Harry B., Hazelton. Hollingsworth, M. P., Princeton. Hopkins. William G., Fort Branch. Hudson. O. L., Princeton.
Kendle, G. C., Princeton.
Leister. William L., Oakland City.
Lindley, C. M., Princeton. Lockhart, T. L., Owensville. Loudin, Ernest B., Hazelton. Marchland, Victor H., Hanbstadt. Martin, Francis M., Loyd. Mason, G. C., Oakland City. Mason, Robert S., Oakland City. Maxam, F. H., Princeton. McGowan, G. W., Oakland City.
Miller. Charles Archer, Princeton.
Montgomery, James R., Owensville. Montgomery, James R., Owensville. Morris, J. L., Kings. Morris, William F., Fort Branch.
Null, Calvin Lawrence, Somerville.
Parmenter. George H., Johnson.
Petiean, J. W., Haubstadt.
Rhodes, Amos H., Princeton. Reavis, D. P., Buckskin. Smith, William H., Oakland City.
Squier, W. Cullen, Princeton.
Strickland. Karl Scott, Owensville. Swan, Dudley H., Francisco. Torr. John W., Loyd. Williams, John M., Owensville. Ziliak, Alois L., Princeton.
CHAPTER XIII.
THE BENCH AND THE BAR.
By Lucius C. Embree.
Indiana. during the early years of her statehood, was fortunate indeed in the selection of her judges. Almost an unbroken wilderness, her people immigrants and pioneers, toiling and struggling towards their conquest of the forest, living in daily apprehension of attack and murder, the young state selected for her supreme bench, and in most instances to preside over her inferior courts, men of courage and of marked learning and ability ; and to this day. it is a source of pride to every intelligent citizen that the decisions of her supreme court, made during the first one-third of a century of her history as a state, are recognized among all nglish-speaking peoples as sound, learned and just.
The eight volumes of Blackford's Reports, containing the cases heard and determined between 1816 and 1848, command the highest respect wher- ever the common law of England is the basis of adjudication, and these vol- 11mes set forth the opinions of the earliest Indiana judges.
The first judges of the supreme court of Indiana were James Scott, John Johnson and Jesse L. Holman, men of sound learning and marked ability. Judge Johnson was a resident of Vincennes and his practice as a lawyer had brought him not infrequently into the courts of Gibson county. He was the owner of land in this county, near Patoka, and was well known to our people in his day. He was a learned lawyer and an upright judge and the people of Gibson county have been honored by his presence and service among them.
Judge Johnson died in 1817 and was succeeded in office by Isaac Black- ford. Prior to his service on the supreme bench, Judge Blackford resided at Vincennes and served as judge of the southwestern circuit. He was the first judge of the Gibson circuit court, and it is needless to add that the office of judge of that court has never had a more worthy incumbent. His long service as a judge of the supreme court, his learning, his soundness of judgment, have made for him a name that is world wide.
The successor of Judge Blackford as judge of the circuit was David
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Raymond, also of Vincennes, whose term of service extended from March, 1816, until August of the same year.
The next circuit judge was William Prince, a resident of Gibson county, and a man so much respected and honored by his fellow citizens that when, in pursuance of law, a seat of justice was established in the county, it was christened "Princeton" in his honor.
Judge Prince was a man of signal ability, but his service on the bench was short, extending only from August, 1816, until March, 1817. He held a number of important posts and, at the time of his death, was the representa- tive of this district in Congress.
David Hart, a resident of Gibson county, and a man of integrity and ability, succeeded Judge Prince in the office of judge of the circuit, and he in turn was succeeded by Richard Daniel, also a resident of this county. Judge Daniel came to the bench in 1819, and served a little less than one year. He was highly honored by his fellow citizens and in his time played many parts, to the advantage of his neighbors and to his own renown and credit.
In 1820 James R. E. Goodlett became the judge of the circuit, and he continued in office until 1832. It appears that Judge Goodlett was a politi- cian of considerable ability, and tradition has it that he maintained himself in office longer than was entirely good for the community. He is said to have been a man of strong and violent passions, vindictive and combative. His defeat was brought about by the lawyers of the circuit towards whom he had been unjust and disagreeable in his conduct upon the bench. It is related of Judge Goodlett that in 1834 his ill-will towards his successor in office was so extreme that during the progress of proceedings in court at Mt. Vernon he made a personal assault upon Judge Hall while on the bench.
Samnel Hall, the successor of Judge Goodlett, occupied the bench of the circuit until 1835. He was a sound lawyer and a just and able judge. He had come to Gibson county as a boy in 1814. His legal education was self acquired, and his success in life he owed solely to his own efforts, his up- rightness of character and the soundness of his judgment. He served his county and the state in a number of responsible offices, and died at Princeton in 1862, in the full enjoyment of the well-earned respect and confidence of a large circle of acquaintances.
During a short time, in 1835. the judge of the circuit was Charles I. Battell. Judge Battell was a distinguished leader of the bar and was widely and favorably known as a practitioner in the courts of southwestern Indiana.
Judge Battell was succeeded in office by Elisha Embree, who presided
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over the courts of the circuit for ten years. He was born in Lincoln county, Kentucky, and was brought to Indiana by his parents while a little boy in 18II. His father, Joshua Embree, died in 1813, leaving the mother and five children but scantily provided for and dependent upon their own exertions. The boyhood and youth of Judge Embree were spent in hard work, with little opportunity for schooling, but in some way he managed to acquire a fair education. He studied law with Judge Hall, hecame a successful practi- tioner at the bar, and was an able and popular judge.
Shortly before the end of the career of Judge Embree as judge, there came to Gibson county, on change of the venue froin the Vanderburgh circuit court, a case that excited much notice and not a little popular ill-feeling. The title of the case was "State of Indiana v. Romain Weinzorpflin."
In this case the defendant was a priest of the Roman Catholic church. He was a native of France and came to America in company with the late Father Bessonies, of Indianapolis. He was charged by a grand jury of Van- derburgh county in three counts with rape, assault and battery and assault.
The trial began in the old courthouse at Princeton on the 5th day of March, 1844, and progressed until Saturday, the 9th day of the same month, when the jury returned a verdict of "guilty" upon the first count, and fixed the punishment of the defendant at imprisonment, at hard labor, for a term of five years.
Judge Embree was the presiding judge at this trial, and Alexander Trippet, Henry Ayres, David Milburn, Hudson Brown, John Ayres, Joseph P. McClure, Stephen Daugherty, James W. Maxam, John King, George Kendel, John Hyneman and John R. Campbell constituted the jury.
The writer has been told by James W. Maxam, one of the jurors, that during the trial a member of the jury became ill, and it began to be feared that there would be a mistrial. The sick juror lived in Princeton, and he come to the conclusion that he would be able to hold out if he could get away for one night and get a "good night's rest" in his own bed at home.
During the adjournments of the court, the jurors were kept together in a room in the old "Mansion House," a two-story frame building which stood upon the west side of the public square at the place now occupied by the store rooms owned by William D. Downey. The room was on the second floor. and was reached by means of a stairway on the outside of the building. At the top of the stairway the entrance was by a door which led into a small entry from which another door afforded entrance into the room. In this entry there was a closet.
It was the practice of the bailiff in charge of the jury to keep the door
JUDGE ELISHA EMBREE.
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to the room locked, and to leave the outside door unlocked. When he would be called upon to carry water to the jury, he would enter the room, get the water bucket and depart leaving the door to the room unlocked, but locking the outside door. On his return he would deliver the water, lock the room and depart.
The jury devised a means of escape for the ill juror. They called upon the bailiff for fresh water after nightfall. While he was gone after the water the sick juror concealed himself in the closet in the entry and when the bailiff locked the room door and left the outside door unlocked, the man in the closet waited until he had gone, when he departed to his own bed.
Before daylight the sick juror was in the closet again and when the bailiff went for water again, leaving the door to the room unlocked, the juror returned to his brethren so much rested and refreshed that he was able to continue in service until the return of the verdict. The fact was never discovered ; if it had been, the defendant would have been granted a new trial.
At the time of this conviction the sheriff of the county was Joseph J. Kirkman, and it became his duty to convey the prisoner to the state prison at Jeffersonville. There was no railroad service at the time, and Jeffersonville was reached by way of the Ohio river from Evansville.
It was anticipated that there would be an attempt at Evansville either to rescue or to mob the prisoner, but the sheriff was not a man to be intim- idated. He armed himself and succeeded in holding the mob in such awe that no demonstration was made beyond the gathering of a crowd. It may be said in passing, that for an occasion of this sort the county of Gibson has never had an officer better adapted than was Joseph J. Kirkman. He was a man without fear.
The case of Romain Weinzorpflin was appealed to the supreme court, and the judgment of conviction was affirmed. Weinzorpflin v. State, 7 Blackf. 186. The opinion was delivered by Charles Dewey, probably the greatest judge that has ever graced the supreme bench of Indiana.
Notwithstanding the solemn verdict of the jury, however, and the affirmance of the judgment by the supreme court, it was not absolutely cer- tain that the conviction was just. "But one witness swore positively to the perpetration by the defendant of the crime charged upon him," and this wit- ness was the woman in the case. The subsequent history of the woman indi- cates that she might not have been entirely above reproach at the time of the alleged attack upon her.
The jury, however, was made up of honest men. They heard the evi- dence and saw the witnesses face to face, and if they erred, it may be taken
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without doubt that they did so without intent. It was one of those cases in which the truth will never be known to men.
In 1847 Judge Embree was elected to the national House of Representa- tives for a term of two years. During his service at Washington he made the acquaintance of Elihu B. Washburn, Horace Greeley and Abraham Lincoln. and friendship continued between him and these distinguished men until the time of his death. In 1849 the Whig convention made him the nominee of that party for governor of the state of Indiana, but this nomination he de- clined. In the same year he was defeated in the race for re-election to Con- gress. Judge Embree died in 1863, respected by the people of southwestern Indiana, among whom he was widely known.
The successor of Judge Embree was James Lockhart, who served as judge of the circuit court until 1851. Judge Lockhart was a resident of Evansville, was a man highly honored by his fellow citizens and held many positions of trust and honor by their suffrage, among them that of represent- ative in Congress.
From 1851 until 1854 Alvin P. Hovey, of Mt. Vernon, was the circuit judge. The long and distinguished life and public service of Judge Hovey have become a part of the history of the commonwealth and of the nation. As a lawyer, a judge, a legislator, an executive and a gallant soldier, the record of Gen. Alvin P. Hovey is one in which the people of the whole state have an interest and justifiable pride.
The bench of the circuit was distinguished, also, by the service thereon for two years of the late William F. Niblack. The residence of Judge Niblack was at Vincennes, but his public service was to the state of Indiana. He was for many years a member of the lower house of Congress, and during the later years of his life was one of the judges of the supreme court of In- diana.
In 1858 Ballard Smith became judge of the circuit upon the retirement from the office of Judge Niblack, but his service was for one year only.
Judge Smith was succeeded by Michael F. Burke, a native of Ireland, where he had received a classical education. He resided at Washington, In- diana, was a ripe lawyer and a competent judge. Judge Burke died in office and was succeeded in 1864 by John Baker, of Vincennes.
Judge Baker presided over the courts of the circuit for a full term of six years. He was a lawyer widely known throughout southern Indiana.
Judge Baker was succeeded by Newton F. Mallott, but his term of service as judge of the Gibson circuit court extended only from 1870 till 1873, when a change of the circuit placed Gibson county in another circuit.
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Judge Mallott was a resident of Vincennes, and he remained upon the bench until his death, rendering service such as has been equaled but rarely since the judges of the courts in Indiana became elective by the people. He was one of the soundest lawyers in Indiana and, in addition to his learning and distinguished aptitude to judicial service, he was a man above reproach, in whose honesty and conscientiousness all that knew him placed entire reliance. He was a judge of the old school who believed that it was the province of the judge to apply the law to the facts and to do justice as the result of the application. It never occurred to Judge Mallott to act judicially otherwise than as the law commanded.
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