History of Greene and Sullivan Counties, State of Indiana, Part 10

Author: Goodspeed Bros. & Co.
Publication date: 1884
Publisher:
Number of Pages: 901

USA > Indiana > Greene County > History of Greene and Sullivan Counties, State of Indiana > Part 10
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 10

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

A mute by the name of Christopher Nations was also suspected. He was plowing in a field near the scene of the murder on that day. When he was required to put his foot in the track, he evidently did not under- stand the object of their action, and struggled against putting his foot in the track. He was charged with the crime before a Justice, and tried and bound over to the Circuit Court, but no indictment was ever returned against him. Paris C. Dunning, R. H. Rousseau and L. H. Rousseau prosecuted this case, and Hugh L. Livingston defended. There were two boys working in a field adjoining the field in which Mr. Nations was working, and knew that Mr. Nations was not out of the field until after 1 o'clock on that day; but they were too young to be witnesses, under the law at that time. One of these boys was William G. Sergeant, who now resides in Bloomfield, and remembers the affair distinctly. He was eight'

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years old at the time, and saw Nations the whole time, from 8 o'clock A. M. until after 1 o'clock P. M. of that day. The third man upon whom suspicion rested was James Graves, the husband of the deceased. Three men joined in an affidavit against him before William C. Hicks, s Jus- tice of the Peace. The case was as fully investigated as the circumstances enabled the attorneys to investigate it at the time, and the defendant was adjudged guilty, and was remanded into the custody of the Sheriff. H. L. Livingston prosecuted this case, and Dunning and Rousseaus de- fended. The defendant was taken out of the custody of the Sheriff by writ of habeas corpus, and after an investigation of the case before the Associate Judges of the Circuit Court, he was admitted to bail. No in- dictment was ever returned against him. In the investigation of the charges, there being no doubt about the deceased being murdered, the attorneys for each party tried to show that some one else perpetrated the crime. The attorney of James Graves tried to show that Mr. Nations committed the crime, and the attorneys for Mr. Nations tried to show that James Graves committed the crime. The only evidence on the record in the case is a written admission, signed by the attorneys on the trial of the case against Nations. The admissions were that on the trial of the habeas corpus case of James Graves, that it was in proof that he, James Graves, was at home on the turn of 12 o'clock, on the day of murder, and was pulling weeds in the garden, and had his little child with him. Also it was in proof at the same time, by Franklin Hodges, that on the same day, about 2 o'clock P. M., he, Hodges, heard some one hallooing, and that we went out from the field where he was plowing and saw James Graves about 300 yards from the place where the body was found next morning. That Graves was standing in the road, and had his little child in his arms, and stated that he had sent his little girl to Mr. Dueast's to hunt for her mother, and that he also stated that Phoebe (deceased) had gone that morning to Mrs. Nations', and that he supposed that she had gone to Dueast's from Nations', and that Graves was hallooing for his wife and little daughter, and that said Graves returned home. The theory of those who believed James Graves guilty, was that he left bome at about 11 o'clock A. M., and his wife left Mrs. Nations' about the same time. That they met in the road at a point near the place of the murder, and that the struggle commenced in the road, and that they struggled about forty or fifty yards from the road, where her neck was broken. That after concealing the body, the accused then returned home and remained there until near 2 o'clock, and then took his infant child back to a point near the scene of the murder. This theory was supported by the evidence offered by the State, and by all the actions of the accused A daughter of the deceased stated that he had left home at 11 o'clock, with a curse upon his tongue against his wife, and the testimony of Mrs. Nations was that the deceased left her house at 11

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o'clock, saying that she must go home to get dinner. Graves proved by the woman he afterward married that he was at another place during the whole time in which it was probable that the murder was com- mitted.

Why the grand jury, under the circumstances, failed to return an in- dictment against Graves is somewhat astonishing. For years after this, persons would talk about their being something wrong in the disposition of the case against Graves, and this same Frank Hodges, who was a wit- ness in the investigation, publicly denounced James Graves as a murderer, and reiterated the charge on several occasions. Three years after the mur- der, Mr. Graves appealed to the court for redress for what he claimed to be injured innocence, and he sued Mr. Hodges for slander for accusing him of murder. Mr. Hodges, by his attorney, answered the complaint by admitting saying the words charged against him, and alleging that the words were true, and that James Graves did murder his wife, etc. When the issue was thus presented, Mr. Graves dismissed his action, and thus ended all matters in court connected with or growing out of this cruel murder. James Graves and his family soon after this moved West and never returned to the county.

OTHER PRACTITIONERS.

In 1844, H. H. Throop, S. H. Buskirk, W. E. Taylor, A. J. Thix- ton and John M. Clark were admitted to practice. H. H. Throop lo- cated at Point Commerce, at that time the most enterprising town in the county. He was a careful, painstaking and conscientious lawyer, was educated for the law and was regarded as a very fine special pleader. In 1855, while preparing to move to the county seat, he died. He was one of the best men who lived in the county, honored by the people when alive and mourned for when dead. He was the first resident at- torney who died in the county. S. H. Buskirk afterward became emi- nent in his profession, and was one of the ablest Supreme Judges of the State. Mr. Thixton located for a short time at Bloomfield. In 1845, Craven P. Hester, who had been admitted to practice at the second term of court in the county, appeared as Prosecuting Attorney, and continued in that office until the latter part of 1849. At this term. John Osborn, Alanson J. Stevens, Francis M. Williams and William M. Franklin were admitted to practice. W. M. Franklin was afterward Prosecuting Attor- ney, Judge of Common Pleas and Circuit Courts, and at this writing is a Commissioner of the Supreme Court. In 1846, the only change in the officers of the court was the election of Edward E. Beasley as Sheriff. He was an early settler in Beech Creek Township, and a farmer by occu- pation. He was very popular with the people and always ran ahead of his party strength. He was elected Sheriff for two terms in succession. He was a candidate for Representative in the State Legislature at two

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elections, but was defeated by small majorities .. The last time he was a candidate was in 1856. His friends generally wished him to indorse Mr. Fillmore for President, as a large majority of his political friends were in favor of Fillmore. But he was conscientiously in favor of Mr. Fre. mont, and openly avowed himself in favor of the "path-finder." He said he would rather be right and suffer defeat, than to be wrong and be elected. He was too honest to act from policy, where his convictions of right were otherwise. The attorneys admitted to practice during the . year were Augustus L. Rhodes, Alexander McClelland and Robert Crock- ett. Mr. Rhodes located at Bloomfield and rosided there until 1854. He was a man of classical education, having graduated at Hamilton Col- lege, New York, in the next class after Gov. A. P. Willard graduated. He was a close student and fine lawyer. While in Greene County, he was elected and served one term as Prosecuting Attorney of the Circuit Court. In 1854, he moved to California, where he took front rank in his profession, and where he served sixteen years on the Supreme bench, which was the longest term ever held by any one, and for two years was Chief Justice. Robert Crockett was also a resident of Greene County. He was a candidate for Judge of the Common Pleas Court, but was not elected. Mr. McClelland was from Monroe County. No changes oo- curred in the officers of the court during the years 1847 and 1848. In 1847, George H. Munson and Lewis Bollman were admitted to practice. Mr. Munson was a law partner of George G. Dunn, and was a lawyer of superior legal attainments. He died comparatively early in life. Lewis Bollman did not continue in the practice many years. He has spent many years at Washington City in Government service, but is probably now at Bloomington.

Nearly forty years ago an old Whig song ran in this style --

"John Watts and Lewis Bollman, made a mighty crash,

They pounced upon poor Whitcomb, and tore him all to smash."

It turned out when the votes were counted that there was more poetry than truth in the song, and it is hardly probable that an admirer of Shakespeare or Byron would regard it as very poetic. About this time, John V. Knox was appointed Deputy Clerk, and served five or six years with great efficiency. He died in 1856. In 1848, James S. Hester, Richard Clements and Samuel W. Short were admitted to practice. Mr. Hester was a son of Craven P. Hester, and afterward became Judge in an adjoining circuit. Mr. Clements was afterward Judge of the Com- mon Pleas Court of an another circuit. Samuel W. Short afterward filled several offices of honor in the county where he resided. In 1849, Augustus L. Rbodes was elected Prosecuting Attorney, and continued in that office until 1851. Jesse Rainbolt was elected Associate Judge to take the place of Judge Edwards. He was an early settler in Center

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Township. He was one of the leading and best citizens of his part of the county, and continued in that office until it was abolished. He lived to be quite an old man, but has been dead several years. Judgo Willis D. Lester, who has been heretofore noticed, was elected Probate Judge. William J. McIntosh was elected Sheriff. He was one of the early set- lers in Highland Township. He was elected for three successive terms, one being under what was called the Old Constitution. He was emphat- ically a man of the people, and was a candidate each time without a party indorsement. He was a very entertaining public speaker. While Sheriff, he discharged his duties with fidelity and ability, and amid the most trying scenes in the county. No attorneys were admitted to practice during the year. About the year 1850, Allen T. Rose and W. R. Har- rison were admitted to practice. Mr. Rose was an able lawyer and advocate. He was the wit of the circuit, and whenever it was known that he was to speak, he always drew a full house. He entered the army early during the late war, and was badly wounded. He is now practic- ing his profession in Martin County.

Mr. W. R. Harrison has occupied front rank in his profession for over a quarter of a century, and is now in the full vigor of his intellect practicing his profession at Martinsville.

THE MURDER OF WILLIAM WALKER.

In September, 1850, Hiram Bland was indicted for murder. He was charged with the murder of William Walker. Contrary to the usual practice, and in opposition to the opinion of one of his attorneys (Maj. Livingston), he entered upon his trial at that term of court. The State was represented by A. L. Rhodes, and the defense was conducted by George G. Dann and H. L. Livingston. It was a clear and aggravated case of murder. He murdered his victim in daylight, for revenge. The main effort in the defense was to save the defendant's life. He was found guilty, and sentenced to be hung by the neck, on the 15th day of November next following. This is the only case in the county where the accused has had the death penalty pronounced upon him. On the 28th of October, 1850, at night, the defendant broke jail and escaped. He was concealed near his house, and did not make an effort to escape from the county. Great efforts were made to find him, but for a long time they appeared unavailing. His hiding place was finally revealed by one of his pretended friends for the price of a new saddle, and on the 2d day of January, 1851, he was retaken. His hiding place was in a corn pen, in the center of which was a place prepared for the purpose. The corn pen was against the house in which his family lived, and he had a secret passage under the floor from one place to the other. At the April term, 1851, a motion was made for a new trial, and affidavits were read contradicting several particulars in the testimony that was given by the

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State on the trial. Mr. George G. Dunn made a powerful effort to pro- cure a new trial, but it was unavailing. The court pronounced judgment that he should be hanged on the 25th day of April following. On that day an immense concourse of people assembled to witness the execution (in that day executions were public), but it was postponed by the Governor until the Supreme Court could review the decision of the Circuit Court. The Supreme Court affirmed the decision of the Circuit Court, and Mr. Bland expiated his crime on the gallows on the 13th day of June, 1851. On that day, another large body of men, women and children assembled to witness the execution. The gallows was erected a short distance south- west of the place where the southwest corner of the depot now stands, and from it, in public view, the unfortunate man was suspended by the neck until he was dead. The land on which he was executed belonged to Peter C. Vanslyke, who now resides in Bloomfield, and it was made a part of the contract of permitting the execution there that the gallows should, after execution, remain on the ground until it disappeared by de- cay, and it was left standing until it rotted down. William J. McIntosh was Sheriff at the time, and conducted the proceeding with intrepidity, and great credit to himself. One thing that contributed largely toward bringing about the death penalty in this case was the turbulent charac, ter of the accused. He and several brothers were powerful men physic- ally, and when drinking were very quarrelsome and dangerous. When not under the influence of intoxicating liquor, as a rule, they were peaceable. Then this trial came off when the public mind was excited to the very highest pitch, and it is impossible for jurymen to be different from other men. All persons become excited over a sudden and seein- ingly unprovoked murder. If the advice of Maj. Livingston had been taken, and the case had been continued one term, the probabilities are that, after the first burst of excitement abated, the jury would have sent him to State prison for life. During this year, Hiram S. Hanchett, James McConnell, Wells N. Hamilton, William P. Hammond and Aden G. Cavins were admitted to practice. Mr. Hanchett was a student in the office of the Rousseaus, and soon after his admission to the bar moved West. W. P. Hammond was afterward Governor of the State.

REMINISCENCES.

At the September term, 1851, William M. Franklin appeared as Pros- ecuting Attorney, and continued in that office until 1853. During the year, Daniel McClure and E. D. Pearson were admitted to practice. Mr. McClure was afterward Secretary of State, and during Mr. Buchanan's administration was appointed Paymaster in the army, and is at this writing Assistant Paymaster General of the army. E. D. Pearson was afterward Judge of an adjoining circuit.

This year, the office of Associate Judge was abolished, since which there has been no Associate Judges.

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At the April term, 1852, R. S. Clements, Jr., W. D. Griswold, Na- thaniel Usher, F. T. Brown and John P. Usher were admitted to prac- tice. During this term, J. P. Usher and George G. Dunn met each other in the legal arena for the first time. Each of them had achieved great distinction in their State before that time. It was the judgment of the bar that each had " met a foeman worthy of his steel." . Mr. Usher was afterward Secretary of the Interior in President Lincoln's cabinet. The Trustees of the Wabash & Erie Canal were indicted by the grand jury at this term for nuisance. The alleged nuisance was the erection and maintenance of a dam across White River at Newberry, and thereby backing the water over the lowlands adjoining the river. There was a trial by the court, and the case was held under advisement until the next term. At the next term, the court found the defendants guilty, and assessed a fine of $10 against each one of them. The case was appealed to the Supreme Court and reversed. The Revised Statutes of 1852 fixed the terms of court in April and October, but no business was transacted that year after the September term.

CHAPTER VII.

BY OOL. E. H. C. CAVINS.

ESTABLISHMENT OF THE COURT OF COMMON PLEAS JURISDICTION OF THE COURT-THE FIRST TERM-JUDGE HUGHES-HUMOROUS INCIDENTS- FIRST CASE OF BARRATRY-PECULIAR SUITS-THE MURDER OF JAMES RAINWATER-TRIAL OF DR. MEUSE-MURDER OF JOSHUA HOLDING- ARREST OF WILLIAM BUCKNER-HIS ESCAPE-PERSONAL NOTES-THE BENNETT-PATTERSON SLANDER SUIT-OTHER CRIMINAL ACTS-MEMO- RIAL RESOLUTIONS ON THE DEATH OF PRESIDENT LINCOLN-INCI- DENTS-"THE AUBURN-HAIRED CHILD OF DESTINY "-DEATHS OF EMINENT MEN-MURDER OF JACOB SICKLER-ARREST AND TRIAL OF JOHN ROSE-HIS CONVICTION AND PARDON-THE CARIS LAND CASES- MURDER OF ELIHU HARDIN-SENTENCE OF JOHN HUEY-CATALOGUE OF ATTORNEYS.

TN the year 1852, the Court of Common Pleas was established, and the act was approved May 14, 1852. The counties of Clay, Sullivan, Owen and Greene composed one district, but the districts were changed from time to time afterward. This court was given exclusive jurisdic- tion of probate matters, and the old probate system was abolished. It had original jurisdiction of all that class of offenses which did not amount to a felony, except those over which Justices of the Peace had exclusive jurisdiction. State prosecutions were instituted by affidavit and infor- mation. Under certain restrictions, this court had jurisdiction over fel-

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onies where the punishment could not be death. But in no case was the intervention of a grand jury necessary. In all civil cases, except for slander, libel, breach of marriage, action on official bond of any State or county officer, or where title to real estate was in issue, this court had concurrent jurisdiction with the Circuit Court, where the sum or damages due or demanded did not exceed $1,000, exclusive of interest and costs, and concurrent jurisdiction with Justices of the Peace where the sum due or demanded exceeded $50. When the court was first organ- ized, appeals could be taken from it to the Circuit Court, but that was afterward changed so that no appeal could be taken to the Circuit Court, but appeals could be taken to the Supreme Court. The jurisdiction of this court was enlarged from time to time after its establishment. The Clerk and Sheriff of the county officiated in the Common Pleas Court as well as in the Circuit Court. The Judge of the Common Pleas Court was ex officio Judge of the Court of Conciliation. The Court of Concil- iation had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and battery and false imprisonment. The jurisdic- tion of this court extended to questions of reconciliation and compromise only. No attorney was allowed to appear for his client before the Court of Conciliation, but the parties were required to appear before the Judge apart from all other persons, except that an infant was required to ap- pear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867. We go into the particulars of this court because it was afterward entirely abolished.

THE FIRST COMMON PLEAS COURT.

The first term convened in Greene County in January, 1853. William M. Franklin was Judge, and continued in that office for four years. Frederick T. Brown was the first District Attorney for the court, and held the office for two years. At the April term, 1853, James Hughes appeared as Judge of the Circuit Court. He was elected by the people, and was the first Circuit Judge ever elected by popular vote in this circuit. Before this period the Judges had been elected by the Legislature. He held the office until the close of the year 1855, when he resigned. He was elected to Congress in 1856, and was afterward appointed Judge of the Court of Claims by President Buchanan. He was a graduate at West Point, and was a Lieutenant in the Mexican war. In 1864, he was commissioned Major General by Gov. Morton, and had command of the Southern Division of the State of Indiana. He was a man of superior ability. He served several terms in the Legislature as Representative and Senator. William E. McLean appeared as Prose- cuting Attorney, and served two years. John R. Hudson, Sheridan P. Reed, William E. McLean, A. B. Carlton, E. H. C. Cavins and Andrew Humphreys were admitted to practice at the April term of the Circuit

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Court, and Albert E. Redstone, Ephraim Jackson and Jacob C. Brown, at the November term of the Common Pleas Court. Mr. Hudson prac- ticed law here two years and went to Kentucky.

On the 21st day of April, 1853, John I. Milam was appointed Deputy Clerk, before he was twenty-one years of age. He took a prominent part in the official and political history of the county from that time until his death.

METHODS OF PRACTICE.

In the early practice of the Common Pleas Court, the District Attorney would give the names of persons supposed to have knowledge of misdemeanors to the Clerk, who would issue a subpoena for them to appear in open court to be examined as to their knowledge of violations of law. This practice consumed so much time of the court that it was soon abandoned, and the practice of taking the affidavit of the prosecut- ing witness without examination in court was adopted and followed. As an illustration of the first practice at an early term, a large number of witnesses were subpoenaed to appear at the same time from various por- tions of the county. They came from Thacker Neck, Paw Paw Bend, Dog Island, Hardscrabble, Bristle Ridge, Black Ankle, Wild Cat, Snake Hollow, Devil's Ridge, Swayback, Buzzard Roost, Cattle Flat, Tail Holt, Lick Skillet, Shake-rag, Pinhook and other prominent places in the county. In consequence of the large number of witnesses to be examined, there was necessarily considerable delay in the investigation of some of the cases and the examination of some of the witnesses. Some witnesses were detained several days on expense. One old lady from the region round about Swayback was considerably demoralized over the annoyance to her, and with many others gave expression to her opinion of the recent change from the Probate to the Common Pleas system. She said: "I don't believe there is any more jestice in this Court of Common Sprees than there was in the old Crowbate."

At the October election of this year, 1854, A. B. Carlton was elected Prosecuting Attorney of the Circuit Court for two years, and Oliver Ash was elected District Attorney of the Common Pleas Court for two years. During the year, in the order named, William Clark, William Mack, John N. Evans, John T. Gunn, Francis L. Neff, Harlin Fichards and Arthur H. Neill were admitted to practice. William Clark located as an attorney at Bloomfield, and at once entered into a fair practice, but died within a year of his admission to practice. William Mack located at Bloomfield, and resided there several years, and moved to Terre Haute, Ind., where he now resides, and where he at once took front rank au an attorney. John N. Evans also located at Bloomfield, and resided there until 1862, when he moved to Washington, Daviess County, Ind., and resided there until he died. He was an able lawyer and for awhile he was a partner of Mr. Mack. The other attorneys admitted at this

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term were attorneys of adjoining counties, except Mr. Neill, who was what was called a "constitutional lawyer," more for ornament than practice.

THE FIRST CASE OF BARRATRY.

The first case of Barratry ever prosecuted in the county was prose- cuted at the July term of the Common Pleas Court. It was against Ralph Martindale, an early settler and well known citizen of the county. A large number of witnesses were bronght into court to testify against him. On motion of defendant's attorney, the affidavit and information . were quashed, and he was discharged, and thereupon on motion of Maj. Livingston, and on proof as required by the constitution and laws of the State, Ralph Martindale was admitted as a member of the bar, but he never practiced law except in Justices' Courts, as he had been in the habit of doing before. This year there was a case instituted that was never under Indiana practice. James C. McClarren brought an action against Alva Dill, charging that the defendant had sold intoxicating liquor to one James Beden, until Beden became so intoxicated that he could not go home. That plaintiff took him to his, plaintiff's, house, and took care of him, until he died, and plaintiff demanded judgment for $200 for attention to and care for him. The court rendered judg- ment against Mr. Dill for $150. This is the only case of that class that has ever been tried in the county.

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History of Greene and Sullivan Counties, State of Indiana, Part 10

Author: Goodspeed Bros. & Co. Publication date: 1884 Publisher: Number of Pages: 901

Author: Goodspeed Bros. & Co.
Publication date: 1884
Publisher:
Number of Pages: 901