USA > Indiana > Greene County > History of Greene and Sullivan Counties, State of Indiana > Part 11
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 11
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THE LOG CHAIN CASE.
In 1855, William E. McLean acted as Prosecuting Attorney at the April term, and Francis L. Neff at the October term. Oliver Ash was District Attorney for the Common Pleas Court. At the October election, Francis L. Neff was elected Prosecuting Attorney, and John M. Humphreys Clerk. Alfred Dyer, John R. Stone, Theodore Reed, David Sheeks, Willis G. Neff, Francis L. Neff, John H. Neff, John O. Palmer, J. W. Burton and E. C. Flinn were admitted to practice. John H. Martin, of Owen County, was admitted to practice about this time. This year a case from Paw Paw Bend was terminated involving consider- able interest in that locality. Two men got into a dispute about the ownership of a log chain claimed in the papers to be worth $4. The evidence established that the chain was worth from $1.50 to $2.50. The plaintiff claimed that he had purchased the chain from Peter Caress. After considerable litigation in the Justice's Court, and on appeal, the case was finally decided in favor of the defendant. The plaintiff in the first case then brought suit against Mr. Caress for selling him, plaintiff, a chain that did not belong to the seller. Caress did not try to prove that he ever owned the chain in dispute, but proved that he owned the chain he sold, and consequently plaintiff was again defeated. The court decided in each case that the chain in litigation was not the Caress chain.
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The costs outside of attorney's fees and loss of time, in this log chain litigation, amounted to $165.34.
In 1856, J. M. Hanna appeared by appointment to hold court as Judge at the April term, and A. B. Carlton at the October term of the Circuit Court. F. L. Neff acted as Prosecuting Attorney during the year. This was his last year of official service in Greene County. He entered the army early in the war, and was killed in battle while Colonel of his regiment. He was an earnest, efficient and able attorney, and displayed great gallantry in the army. In the Common Pleas Court, A. N. MoGindley acted as District Attorney at the first two terms, and J. A. Gormley at the last two terms. John M. Humphreys appeared as Clerk. Austin N. McGindley, Samuel R. Cavins, L. B. Maxwell, Sewell Coulson, Joseph A. Gormley, N. F. Malott, Robert M. Evans and Theo- dore Ogle were admitted to practice. Robert M. Evans had recently located at Bloomfield. He had been a practicing attorney for several years. Was a Captain during the Mexican war. He did not remain many years in the county. He died in 1862, at Washington City, while in some position connected with the army. At the October election, 1856, J. M. Hanna was elected Judge of the Circuit Court; M. A. Osborn, Prosecuting Attorney; F. T. Brown, elected Judge of the Common Pleas Court; Michael Malott, District Attorney; and William G. Moss, Sheriff.
During this year, there was a small but rather novel case tried in the Common Pleas Court, wherein Ralph Martindale, one of the " constitu- tional lawyers " of the bar, was plaintiff, and John Hash was defendant. The case was commenced before a Justice of the Peace, and was brought to the Common Pleas Court by appeal.
THE MAST CASE.
The complaint was drafted by Maj. Livingston, and stated among other things " that the plaintiff was the owner of a certain tract of land in Center Township containing 200 acres, and was agent for a large body of land belonging to Andrew Downing & Co., and in possession of it, and entitled to the annual mast growing thereon; all of which was covered over with a heavy and large growth of timber, consisting of white oak, black oak, pin oak, burr oak, post oak, chestnut oak, chinqua- pin oak, beech, black walnut, white walnut, hackberry, hazlewood and grape vines. That said oak timher, beech timber, black walnut, white walnut, hackberry and hazelwood were heavily loaded with oak mast, beech mast, walnut mast and hazel mast, and said grape vines with grapes. And also, that the ground underneath said timber, hazelwood and grape vines growing on said lands was deeply covered with said oak mast, and beech mast, and walnut mast, hazel nuts and grapes, furnish- ing to the stock of hogs and cattle and sheep of said plaintiff a good and sufficient supply of food to last his said stock from the 1st day of
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September, 1854, up to the 1st day of April, 1855, of great value, to wit, of the value of $200; and the said plaintiff says that the defendant afterward, to wit, on the 10th day of September, 1854, at the county and township aforesaid, did drive in and upon the said lands of the said plaintiff 100 head of large hogs, being the hogs of the defendant, and from thence hitherto and up to the time of filing this complaint did feed upon and eat up the mast of the said plaintiff, and thereby deprive the stock of the said plaintiff of the use and benefit of said mast, to the damage of plaintiff," etc.
That part of the complaint in regard to the land of Downing & Co. was stricken out, on motion of defendant's attorney. There was a trial by jury, finding for plaintiff, and assessment of damages at $6.
MURDER OF JAMES RAINWATER.
On the 4th day of September, 1856, Prettyman Meuse murdered James Rainwater. The murder occurred in front of Lot No. 8 on Wash. ington street in Bloomfield. Meuse was a physician who had recently lo- cated at Bloomfield. Rainwater was a young man-a day laborer-who had recently come to the town.
Dr. Meuse became incensed on account of some remark that he heard Rainwater had made about him, in connection with his conduct at a camp meeting. Without saying anything to Rainwater, Meuse approached him with a rawhide and revolver and commenced striking him with the raw- hide. Rainwater turned and started to run down the street away from him. Meuse shot at him as he ran. The first shot struck him, and he expired in about fifteen minutes. The bystanders were so amazed at the suddenness and manner of the assault, that for a few moments they stood appalled at the scene before them. After the second shot, however, Thomas Patterson, a cool, resolute man, seized the murderer, and called' upon some of the bystanders to assist in his arrest. He was tried before James D. Knap, a Justice of the Peace, adjudged guilty and remanded to the county jail to await the action of the grand jury. At the October term; the Grand Jury returned an indictment against him, and on account of the excitement against him in Greene County, the case, on application of the defendant for change of venue, was sent to Monroe County. He was tried in Monroe County, and found guilty, and sentenced to State's Prison for life. Some years after he was pardoned, but never returned to Greene County. The last heard of him he was a Surgeon in the rebel army.
In 1857. all the officers of the courts elected at the October election of the year before appeared and entered upon the discharge of their duties. During the year, Jesse Powell, M. F. Burke and Thomas Flinn were admitted to practice. On the 11th day of May, 1857, Hugh L. Liv- ingston died. He had continuously practiced in the courts of the county
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and other counties since 1826, and was an able and distinguished lawyer in all of its branches, but excelled as a great criminal lawyer.
DEATH OF JOSHUA HOLDING.
On the 10th day of February, 1857, William Buckner murdered Joshua Holding, in Greene County, on the public highway between Cincinnati in Greene County, and Stanford in Monroe County. Buckner was about eighteen years of age. Holding was probably several years past fifty. Buckner was indicted at the April term following. He was prosecuted by Milton A. Osborn, Prosecuting Attorney. Paris C. Dunning, S. H. Buskirk, S. R. Cavins and A. G. Cavins were retained for the defense. Mr. Holding was a resident of the State of Illinois, and at the time of the murder was on his way to Bloomfield to look after a son who was in jail on some criminal charge. Not wishing to reveal the object of his visit, Mr. Holding said his business was to buy cattle. He was on foo going from Bloomington to Bloomfield; Buckner was also on foot, going to some place in Southern Indiana. The deceased was found in the road, dead, with a pistol shot wound through his head, the bullet having en- tered from the back part of the head. A light snow, partially melted away, was on the ground, and a track leading from the scene of the mur- der was discovered, leaving the road and pursuing a journey through the woods. The two had passed a house together a short distance from where the body was found. The officers of the law followed the man by a de- scription of him, without knowing who he was, and found him in Pike County a short time after, and he was brought back to the county. The theory of the prosecution was, that Buckner believed Holding had a large amount of money with which to buy cattle, and while walking along to- gether, when they arrived at a secluded place, Buckner arranged it so as to fall a little behind Holding, and shot him with a revolver for the pur- pose of getting his money. Buckner at first denied all knowledge of the killing, and said he left the road so as to take a more direct route, while Holding continued on the road. The case was called up for trial at the term at which the indictment was found, and Buckner made an applica- tion for change of venue, which was overruled. An application for con- tinuance was then made, on an affidavit prepared by Mr. Dunning. The Prosecuting Attorney objected to a continuance, alleging that the affida- vit was false in every material particular, and that the defendant's attor- neys knew it to be false, and that a conversation between the defendant and his attorneys had been overheard in which the defendant acknowl- edged that he had shot the deceased. Gov. Dunning made a powerful denunciation of the statement of the Prosecuting Attorney, stating with great force and emphasis that the informer was a liar and the truth was not in him. The case was continued until the October term of the Court.
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On the night before the October term convened, Buckner, with some out side assistance, broke jail and was never retaken.
In 1858, James M. Hanna, Judge of the Circuit Court, resigned, hav- ing been elected as one of the Supreme Judges of the State. Solomon Claypool was appointed to fill the vacancy, and held court during the year. At the April term, I. N. Pierce acted as Prosecuting Attorney, and David Housten at the October term. During the year, David Housten, Henry C. Hill, Isaac N. Pierce, John Baker, Elijah Eddington, Mr. Keck, Benjamin F. Cavins, George W. Throop and Franklin P. Stark were admitted to practice.
At the October election, 1858, Solomon Claypool was elected Judge of the Circuit Court, and held the office for six years. I. N. Pierce was elected Prosecuting Attorney and held the office for two years. George W. Throop was elected District Attorney for two years. Mr. Throop was born and grew up to manhood in Greene County. He was a young man of great brilliancy and promise. He was a son of H. H. Throop, a mem. ber of the bar, and married a daughter of H. L. Livingston, who had been a member of the bar. He removed to Greencastle, Ind., in 1861, and entered upon the practice of his profession, and died in November, 1862, not having yet attained the high noon of life.
In 1859, Samuel H. Buskirk held court at the April term of the Cir- cuit Court, under appointment from Judge Claypool. At the October term, William M. Franklin acted as Special Prosecuting Attorney. Dur- ing the year, William B. Squire, Henry C. Owen, John T. Smith, Will- iam C. Andrews, William J. McIntosh, Nathan Kimball, William Black- burn, John Masters, James Jackson and Joseph W. Briggs were admitted to practice.
At the October election, 1859, John I. Milam was elected Clerk. In 1860, no change was made in the officers of the court, except that John I. Milam bad entered upon his term as Clerk.
J. S. S. Hunter, Newton Crook, Elihu E. Rose, A. J. Axtell, John N. Drake, John Blackburn and Harry Burns were admitted to practice. At the October election, Willis G. Neff was elected Prosecuting Attorney; Harry Burns, District Attorney; John D. Killian, Sheriff-each for the term of two years. No change occurred in the officers of the court until after the election in 1862. In 1861, Jacob S. Broadwell, Samuel W. Bonnell, John B. Hanna and William S. Bays were admitted to practice. In 1862, Robert R. Taylor, John R. Isenhower, Thomas Taylor, Thomas R. Cobb and Erasmus Glick were admitted to practice. At the October election, Willis G. Neff was re-elected Prosecuting Attorney, Samuel W. Curtis was elected District Attorney, and John D. Killian was re-elected Sheriff. In 1863, Judge James A. Scott held court at the April term, un- der appointment of Judge Claypool. James R. Baxter was admitted to practice. In 1864, David Sheeks held court at the October term under
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appointment. W. H. De Wolfe, N. A. Rainbolt, F. H. Viehe, S. H. Tay- lor, John M. McCoy, J. H. Louden, B. F. Havens, J. A. Gormley and James P. Rankin were admitted to practice. On the 7th day of March, 1864, Samuel R. Cavins, a member of the bar, died. He had been in- timately connected with the courts as Associate Judge, Clerk and Attor- ney from 1829, a period of thirty-five years. He made more records than any other man in the county, and all of his business was done well. He was never defeated at an election, although in office over twenty-five years, and in a county where his party was in a minority.
At the October election, 1864, Delana R. Eckels was elected Judge of the Circuit Court, and held the office for six years. Michael Malott was elected Prosecuting Attorney. William M. Franklin was elected Judge of the Common Pleas Court; Patrick Haney was elected District Attorney; William G. Moss, Sheriff.
THE BENNETT-PATTERSON BLANDER SUIT.
The records of the courts for the years 1863 and 1864 bear some evidence of the strife that was then sweeping over the country like a besom of destruction. One of the most noted cases growing out of the animosities and recriminations of war times, was an action for slander brought by John K. Bennett against Thomas Patterson. The charge against Mr. Patterson was that he had called Mr. Bennett a traitor. In the beginning of the action J. M. Humphreys and J. R. Isenhower were Attorneys for plaintiff, and William Mack and S. R. Cavins, for defendant. Before the case finally terminated, David Sheeks appeared as Associate Counsel for plaintiff, and E. E. Rose and E. H. C. Cavins as attorneys for defendant. A large number of witnesses were in attendance on each side from court to court, until at the October term, 1864, the case was dismissed without a trial. Asa Blankenship, a disabled soldier on fur- lough, was indicted for murder at the April term, 1864. The difficulty which resulted in the killing grew out of the deceased hallooing hur- rah for Jeff Davis. Mr. Blankenship never returned to the State after being discharged from the army, and was therefore never put upon his trial. Many other minor difficulties, and several law-suite grew out of the troublous times. All of the Judges of that period discouraged that class of litigation.
At the April term, 1865, Delana R. Eckels appeared for the first time as Judge of the Circuit Court. On the first day of the term, the follow- ing proceedings were had, and spread of record:
DEATH OF PRESIDENT LINCOLN.
At the suggestion of the Hon. Delana R. Eckela, Judge of the Sixth Judicial Circuit of the State of Indiana, a meeting of the members of the Bloomfield bar and attorneys attending court was held at the court
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house in Bloomfield on the 17th day of April, A. D. 1865, at which the following proceedings were had: On the motion of Hon. D. W. Voor- hees, Elihu E. Rose was called to the chair, and J. R. Isenhower ap. pointed Secretary. On motion of J. M. Humphreys, a committee of three was appointed to draft resolutions expressive of the sense of the bar upon the assassination of Abraham Lincoln, President of the United States. The chair appointed J. M. Humphreys, E. H. C. Cavins and J. P. Rankin said committee. The committee submitted the following reso- lutions, which, on motion of Michael Malott, were unanimously adopted, viz .:
" Resolved, That the members of this bar have heard of the atrocious assassination of the President of the United States, and of the attempted assassination of members of his Cabinet, on the 14th day of April, 1865, with feelings of the profoundest grief for the melancholy and fatal result.
" Resolved, That we view with apprehension and alarm the condition of the country, when the person of the Chief Magistrate is no longer secure from the lawless assault of murderous violence.
" Resolved, That in the death of Abraham Lincoln at the present junct- ure of our affairs, we recognize a great and overwhelming national calam- ity, from the evils of which we humbly implore Divine Providence to protect the nation and the people.
" Resolved, That as a tribute to the memory of the deceased President, and as an expression of our sense of the terrible affliction which has be- falleu the nation, we ask that these resolutions be made a part of the records of this court.
"On motion of Hon. D. W. Voorhees, the meeting adjourned to meet at the court house in special session at 7 o'clock P. M.
" ELIHU E. Rosz, Chairman.
" J. R. ISENHOWER, Secretary.
"Court met at 7 o'clock P. M., pursuant to adjournment.
" And now comes E. E. Rose and moves the adoption of said resolu- tions by the court, and addressed the court in favor of said motion. And Hon. D. W. Voorhees seconded said motion and nrged their adop- tion, and thereupon the court fully approved said resolutions, and ordered that the proceedings of the bar and said resolutions be spread of record among the orders of the court, and that, through respect for the memory of the deceased, that the court adjourn."
SESSIONS OF COURT AFTER THE WAR.
At the October term, Solon Turman acted as Judge, under appoint- ment of Judge Eckels. Patrick Haney, District Attorney, seldom at. tended court in Greene County, and his office was filled by Deputy James P. Rankin the first year, and Harry Burnes the second year. In the year 1865, Michael Malott, Joseph W. Wolfe and Madison Evans were ad-
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mitted to practice. Mr. Evans was a very brilliant young man and of great promise. He afterward met with a violent death at his home in Bedford On the 4th day of May, 1865, Henry C. Hill, a member of the bar, died after a lingering sickness of over a year. He was a first-class lawyer for a man of his age, and before his last sickness had a large and Incrative practice. He was for several years law partner of William Mack. If he had lived he would certainly have achieved great success in his profession. On the 22d day of July, 1865, John J. Milam, Clerk of the courts, departed this life. He had been in the Clerk's office as Deputy or Clerk from the time he was eighteen years old. He was a re- markably efficient officer, a good business man, a prominent leader in his party, and very popular with the people. He had been elected Clerk twice in succession. Francis M. Hatfield was appointed to fill the vacancy, and appeared as Clerk at the October term. At the October election in 1865, Col. John T. Smith was elected Clerk, and served for four years. He had just returned from the army, in which he had served with great gallantry in a regiment that made its record for gallantry in blood, and he swept the county like a tornado, and was elected by a majority that astounded his political friends. He declined a re-election, and moved upon a farm, but soon after moved to Clay County, where he now resides. In 1866, the officers remained unchanged until after the October election. This was Michael" Malott's last year as an officer of the court in Greene County. He was an able and efficient officer, and one of a long line of brilliant Prosecuting Attorneys of this circuit, extending before and after him. He has since departed this life. During the year, John Hanna, Calvin Taylor, John P. Baird and G. D. Grismore were admitted to prac- tice. Samuel Hammil was admitted this year or at some prior year. John Hanna had been District Attorney of the United States, and was afterward Member of Congress, and has since died comparatively early in life. John P. Baird was as able a lawyer as the State produced. He served in the army as Colonel. Soon after this admission at our bar, he became insane and never recovered. He died in the insane hospital.
COURT PROCEEDINGS.
At the October election in 1866, John S. Broadwell was olected Pros- ecuting Attorney; John C. Robinson, District Attorney; and Francis M. Dugger, Sheriff. In 1867, Solon Turman held court under appointment of Judge Eckels. In the Common Pleas Court, John C. Robinson ap- pointed J. R. Isenhower to prosecute at the first term, and Robert R. Taylor was appointed general deputy; but the deputies did not have much to do, as Mr. Robinson attended court more regularly than District Attorneys usually attended. During the year, John D. Alexander (" the auburn-haired child of destiny "), Moses F. Dunn and Elias Edwards were admitted to practice.
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Soon after Mr. Broadwell's term of office expired, he departed this life. He was a very brilliant young man, and by his courtesy and gen- tlemanly bearing in his profession, drew to him an unusual number of earnest admirers. But he was called away in the bright early morning of life, bearly catching a glimpse of the noontide of distinction which seemingly awaited him. In 1868, George B. Leavitt, James S. Cul- bertson and W. Ray Gardner were admitted to practice.
At the October election in 1868, John C. Robinson was elected Pros- ecuting Attorney for the Circuit Court; Harry Burns, Judge of the Common Pleas Court; C. C. Matson, District Attorney; and F. M. Dug- ger was re-elected Sheriff.
In 1869, no change occurred in the officers of the court. O. W. Shryer, W. I. Baker, D. W. Solliday, Cyrus F. McNutt, James B. Mulky, James Rogers, Lucian Shaw and J. H. Swaar were admitted to practice. At the April term, Cyrus McNutt and John D. Alexander were appointed to prosecute State cases for the term. Oscar W. Shryer, W. I. Baker and D. W. Solliday were appointed by the court to defend Patrick Bran- non. W. I. Baker located at Bloomfield, and after practicing his pro- fession for several years successfully moved West. He was a member of the firm of Isenhower & Baker, and still later of the firm of Baker & Shaw. O. W. Shryer started out into the practice very successfully, but soon retired from the practice to enter into the more lucrative business of banking. D. W. Solliday was doing a successful business, but moved to New Albany, and from there out West. Lncien Shaw continued the practice at Bloomfield with great success until 1883, when he removed to California. In 1870, W. W. Carter, W. E. Dittemore, G. W. Barthol- omew and George W. Friedley were admitted to practice.
MURDER OF JACOB SICKER.
At the April term, 1870, John Rose was tried on a charge of murder. The person killed was Jacob Sicker. The killing grew out of a family feud. The defendant was a young man not much past twenty-one years of age, and the deceased was quite an old man. The first difficulty in the family was between Mrs. Rose, the mother of John, and Mr. Sicker, who was her uncle. John came into the difficulty as he thought to redress an insult to his mother. This family was not related to the family of Capt. Rose, at Bloomfield. The case was prosecuted with great vigor and vehemence by John C. Robinson, Prosecuting Attorney, and Cyrus F. McNutt. The defense was conducted by E. E. Rose, E. H. O. Cavins and J. R. Isenhower. The main object of defendant's attor- neys was to save the defendant's life, and reduce the expected verdict to manslaughter. The jury found the defendant guilty of murder in the second degree, and fixed his punishment at a lifetime imprisonment. Afterward the Judge, Prosecuting Attorney, most of the jury and officers
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of the county, and a large number of citizens, petitioned for his pardon, which was finally granted by the Governor.
At the October election in 1870, William M. Franklin was elected Judge of the Circuit Court for six years. John C. Robinson was re- elected Prosecuting Attorney; C. C. Matson, elected District Attorney; David S. Whitaker, Clerk; and Henry S. Slinkard, Sheriff. Mr. Whit- aker had been the Deputy of John T. Smith, and he appointed A. J. Whitaker and George Weatherwax, as his Deputies. Mr. Slinkard ap- pointed Daniel M. Bynum as his Deputy.
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