History of Greene and Sullivan Counties, State of Indiana, Part 60

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 60
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 60

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).

Mr. Coulson had both examined and cross-examined all the wit- nesses, while both Mr. Grunn and Mr. Hamill took copious notes, and 88 the trial progressed, arranged the facts preparatory for their arguments. Mr. Rose made an excellent and strong opening argument, and was fol- lowed by one from Mr. Hamill of great strength. Next came Mr. Buff. In his argument he made a most powerful and almost irrisistible effort for the plaintiff. Following Mr. Buff came Mr. Gunn, who had had time to arrange the evidence, and to some extent his argument. Mr. Gunn spoke near two hours; his argument, as a literary production, would have been creditable to Sheridan, Philips or Webster, and was re- plete with sound logical arguments. At the close of Mr. Gunn's argu- ment, it was evident that the jury were fully satisfied, and the cause then having been on trial over a week, Mr. Coulson announced that he would not argue the cause at all, and that the attorneys for the prosecution might then close. This announcement caused some change in the arrange- ment on the part of the plaintiff's counsel, but Mr. Rose closed the argu- ment. The jury were out but a short time till they returned a verdict for the defendant.

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CHAPTER VI.

BY SEWELL COULSON, ERQ.

HISTORY OF THE BENCH AND BAR-DESTRUCTION OF THE COUNTY RECORDS -FIRST TERM OF CIRCUIT COURT-LOST DOCUMENTS. HOW SUPPLIED- REMINISCENCES-OTHER SESSIONS OF COURT-JUDGE ECKLES-THE OLD JAIL-FIRST COURT UNDER THE NEW CONSTITUTION-WOOLY VS. WOOLY-JOHN DOE VS. RICHARD ROE-THE MURDER OF UNDERWOOD -- THE UNDERWOOD MURDER CONTINUED-TODD'S EXECUTION.

THE court house in Sullivan was destroyed by fire on the night of the 7th of January, 1850. The building was an isolated two-story frame house, situated on the northeast corner of Washington and Court streets, where Solomon Goodman's clothing store is now located. The lower or ground floor was used for county offices, and the second floor for a court room. With the court house, all the records of the courts, Re- corder's office, Treasurer's office and Auditor's office were also destroyed. All matters adjudicated prior to that date, except where transcripts had been made, decreetal orders and executions issued and preserved from the devouring flames, rested alone in the memory of man, and could no longer be pleaded and proven as matters appearing of record, but as matters that had been of record and the record thereof accidentally de- stroyed. As every one can see, the few minutes required by the flames to reduce to ashes the entire proceedings of the courts of the county opened many titles to impeachment, and many disputed causes to a re- investigation that long before had been legally adjudicated. Few calam. ities more dire can happen a community than the destruction of its rec- ords. The proceedings both of the Circuit and Probate Courts, covering a period of thirty-three years, and involving the titles, as we may reason- ably suppose, to a vast amount of lands sold, and decreetal orders. exe- cutions, executors', administrators' and guardians' sales, were at once . swept away. The accounts between the officers and the State and county were in a moment obliterated, and left naught but ashes to testify how . the account stood. The State could lose nothing, as she kept her own books and accounts; the people of the county were not so fortunate, how- ever. The records of the Auditor's office, where the accounts with the people were kept, were all destroyed. Scholars unite in the belief that the civilized world has never recovered from the loss occasioned by the destruction of the Bruchion Library, of Alexandria. It, however, af. fected the literary world alone.

For aught we now kuow, the Alexandrian Library may have been en. tirely made up of the Ancient Sutras, the Braminical Vedas, and the philo.

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sophical dissertations of Anchorites, or the dogmas of Califs; but be that as. it may, the curiosity of the scholastic world to know the books and their contents contained in that library, is by no means satisfied with a supposition that that vast collection of books contained only idolatrous poems and songs, and taught an impossible philosophy and a cruel religion. While our public records were not a library, neither were it, as we may well suppose, a storehouse of the learning of ages past, yet these records bad an intrinsic as well as a historic value that will be felt for time yet to come. The statute of limitation, justly entitled a statute of repose, has now about bridged the vacancy, yet the freeholder never feels 80 well satisfied with a missing link in his title as he does when he can trace it back through every transfer to the Government. In Sullivan County, a clear line of descent in the title to real estate is more admired, and sought after with greater avidity by the owner or purchaser than is a connection by descent from a great or noble family. The ownership in fee simple in lands elevates the holder to the high standard of a free- holder and lord paramount of the fee, while family relationship attaches him by affinity or consanguinity to that which is often a hollow title an- Dexed to a degraded subject.

THE FIRST TERM OF CIRCUIT COURT.

The first term of the Circuit Court held after the burning of the court house convened on the 4th day of March, 1850, Hon. John Law Presi- dent Judge, and Isaac Shannon and Justice Davis, Associates, presiding. Henry K. Wilson was Clerk, and Henry Dooly, Sheriff, both of whom are now (1884) dead. The first entry made at this term, and which is in the following words: " The court house in said county, having been destroyed by fire [February 7, 1850], it is ordered by the court that the present term thereof be held in the Methodist Church in the said town of Sullivan." The original record, except the words and figures included in brackets, which have since been interpolated, is in the hand writing of Henry K. Wilson, the then Clerk. Thomas Marks discharged the duties of Prosecuting Attorney during the term. A grand jury, composed of the following-named persons, was empaneled: Samuel Mason, Anthony Mason, Hardy Hill, George B. Wilkins, Henry Nyman, Washington Ladshaw, John Maxwell. Alexander Shields, John A. Cummins, Peter South, James L. Johnson, James M. Sanford, William McKee, Preston Nash and John Y. Dodd-in all fifteen men. William McKee was appointed foreman. The only attorneys whose names appear of record during the term are Joseph W. Briggs, Thomas Marks and. Samuel B. Gookins. Four convictions were had in criminal causes, and nineteen judgments and decrees were rendered in civil actions. The grand jury returned thirteen indictments, as follows: Six for gaming, one for obtaining goods under false pretense, two grand larceny and one

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for perjury and one for riot. Only one civil cause was tried by a jury, and one by the court; in the remainder, judgments were taken by default or decrees pro confesso. The principal suits of the term were prosecuted against Freborn Garritson, late Sheriff of the county, and his sureties on his official bond, in which two judgments were rendered, one in favor of the county and one in favor of Peyton A. Key.

LOBT DOCUMENTS SUPPLIED.

In many of the civil causes, the destroyed papers were supplied on affidavit on motion, which was undoubtedly correct practice. Mr. Jookins, at this term, however, introduced a practice for supplying lost and destroyed records, which it seems was adopted by the court, and which, if persisted in, might become alarmingly dangerous. That Was the restoration of a record by a nunc pro tunc entry, based entirely upon the amidavit of the party, or his attorney, and without any court memoranda whatever indicating what order had been taken in the cause; and this, too, without notice, so far as appears of record to the opposite party. It might possibly be justitied by the necessity and emergency of the occasion, to which all rules and forms of law are sometimes compelled to surrender; or in other and more recent parlance, it may have been a " war measure," but the precedent is neither a safe or discreet one to follow.

THE SECOND TERM

Between the March term and September term, 1850, of the Sullivan Circuit Court, Hon. John Law, who, for a number of years previous thereto, had been the President Judge of the Seventh Judicial Circuit, resigned, and on the 27th of July, 1850, His Excellency, Joseph A. Wright, then Governor of the State of Indiana, appointed and commis. sioned the Hon Samuel B. Gookins, of Terre Haute, to fill the vacancy. He filled the office till the meeting of the Legislature in the following winter, when a Judge was elected by that body. The September term of the Circuit Court was held by Judge Gookins as President; Isaac Shan- non and Justice C. Davis as Associate Judges. The term continued five days. The grand jury, which at this term was composed of sixteen mem- bers, returned twenty-two indictments, as follows: Two for grand larceny; one for burglary; one for having counterfeiting implements; one for as. sault and battery with intent to commit murder; four for retailing; one for riot; ten for unlawful gaming; one for seduction and one for official neglect. There were seven convicted in criminal causes, and ten final judgments and decrees rendered in civil causes. The Circuit Court at this term appointed James H. Hinkle. Joseph W. Briggs and James Craw- ford School Examiners. Joseph W. Briggs served as Prosecuting At- torney by appointment during the term. Hiram S. Hanchett and Aden G. Cavins were admitted to practice as attorneys and counselors at law. Mr. Hanchett had previously prepared himself for the practice of the law

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by a regular course of reading in the office of the Rousseau Brothers, at Bloomfield, and on his admission to the bar, which at this time required an examination, he located in Sullivan, he and Dr. John J. Thompson occupying the same office; and in connection with the practice of law and medicine, they carried on a tailor shop on a small scale.

PERSONAL NOTE8.

Mr. Hanchett removed from Sullivan to Woodstock, Ill., in 1857, where he continued the practice of the law till 1863. He assisted in raising the Sixteenth Illinois Cavalry, and was commissioned Captain of one of the companies in that regiment. He acted as Judge Advocate in some military court martials at Springfield, Ill., and was also detailed to and served on Gen. Stoneman's staff. He and his regiment were capt- ured by the rebels near Columbia, Tenn., and he was taken to Cahaba, Ala., where he and sixty others matured a plan for and made an ineffect- ual attempt to escape, but before their plan was fully consummated, it was discovered and frustrated. Up to this time, his captors supposed that he was a private soldier belonging to the Union' army, but that he was an officer was by some means discovered about this time. The rebel com- mandant of the post, Lieut. Col. Jones, also conceived the idea that Han- chett had originated and matured the scheme before referred to for escap- ing, and for that reason took him from the military prison and confined him in the county jail, where he was ironed and chained to the wall of bis cell. The jailer at first refused to receive Capt. Hanchett and confine him in jail, and was only induced to do so by threats made by Lieut. Col. Jones that if he did not receive him he himself should be imprisoned. Lieut. Col. Jones entertained a strong hatred toward Capt. Hanchett, and laid plans to have him tried and condemned as a spy. To this end, he caused charges to be made out against him, which were to have been tried by a military court martial, of which Jones was a member. The court martial adjourned from Cahaba to meet at Selma, Ala., and try the case. Before the court had time to try the case, Gen. Wilson captured Selma, and the court took to its heels. The news arrived at Cahaba of the capture of Selma on Sunday evening, April 2, 1865. The Mayor, a Mr. Haywith, and some of the Town Council, assumed command of the city, and on that evening released the prisoners, except those in the jail-they were released next morning. The Mayor invited Capt. Hanchett and the other prisoners to take breakfast with him. While at breakfast, a call was made for Capt. Hanchett. He and two others went out, but they were informed that Capt. Hanchett was the only one want- ed. He was taken away and taken to Jones' house, and from there was started, as Jones claimed, for Demopolis, but never arrived there. In- deed, Capt. Hanchett was never after seen or heard of. It was the opin- ion of Mayor Haywith and others that he was murdered within three miles of Cahaba.

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Mr. Cavins, the other gentleman admitted to the bar at the same time that Capt. Hanchett was, is still living at Bloomfield, the county seat of Greene County, and engaged in the practice of the law. He also has seen service. He was in the war, and commanded the regiment of Indi- ana Volunteer Infantry as Colonel. He, however, was more fortunate than Capt. Hancbett. 'The bloom of age is now budding upon his lock& Time has touched his hair, and left an imprint upon his person. He, however, carries his years as though they were days, only assuming that dignified and graceful appearance that makes age desirable and gray hairs respectable.

OTHER BE88IONS OF COURT.

On the 8th day of January, 1851. the General Assembly in joint convention elected Hon. Delana R. Eckles, President Judge of the Sev- onth Judicial Circuit for a term of seven years. His commission bore date January 13, and on the same day he took the oath of office, which was administered to him by Chilton A. Darnell. a Notary Public of Putman County. The winter term of the Sullivan Circuit Court convened in February, 1851, with D. R. Eckles, President, and Isaac Shannon and Justice C. Davis, Associate Judges, presiding. The grand jury was composed of fifteen members with Squire McDonald as foreman, and Michael E. Chase, their bailiff. They returned at this sitting nineteen indictments, mostly for retailing spiritous liquors without license. There were thirteen convictions in criminal causes. Twenty-one judg- ments and decrees were entered in civil causes, five of which were di- vorce cases. The business of the term was transacted in five days. Be- tween August the 11th and September the 1st, 1851, the commission of Hon. Harvey D. Scott as Prosecuting Attorney for the Seventh Judicial Circuit was placed on record in the order book of the Circuit Court. The official oath was administered to him by William B. McCord, then Clerk of the Circuit Court of Knox County. Harvey D. Scott, since that date, han filled many honorable positions. He has several times rep- resented Vigo County in the State Legislature, having at different times been elected to both the House of Representatives and the State Senate. He served one term in the House of Representatives in the United States Congress, and was elected and served a term as Treasurer of Vigo County. On the death of C. Y. Patterson, he was appointed Judge of the Seven- teenth Judicial Circuit, and is now holding by election the office of Cir- cuit Judge for the Forty-third Circuit, composed of Vigo County. In all of these various positions be has discharged his duties with honesty, fidelity, and credit to himself and his friends.

The September term, 1851, of the Circuit Court, convened September 1, with Hon. D. R. Eckles, President, and Isaac Shannon and Justice C. Davis, Associates on the bench. At this term of court, Judge Eckles pro- mulgated a series of rules for the government of parties to action, jurors,

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witnesses, counsel, and the court in the transaction of the business, many of which were somewhat unique, and to be fully comprehended it is es- sential to know Judge Eckles personally.

JUDGE ECKLES.

Judge Eckles, as a lawyer, was an exceedingly technical practitioner, thoroughly versed in the principles of the common law and an excellent special pleader. When promoted to the bench, he carried with him, and enforced, with an iron will, the theories advocated by him as counsel at the bar. His stringent rules may have been salutary, still, considering the paucity of the trial docket, it would not seem that such were then at all necessary, except as a show of order and to impress those in attend- ance with the dignity of the court and the solemnity of the proceedings. The grand jury at this term returned nineteen indictments, mostly for gambling. Seven criminal causes were tried and six convictions were had; two convictions for felonies, and one acquittal. Fifteen final judg- ments and decrees were rendered. The term continued five days, made thirty-two pages of record, including two pages covered by the rules of the court. At the following March term, the grand jury returned forty- six indictments, mostly for retailing and gambling. There were twelve trials in criminal cases which resulted in six convictions and six acquit- tals. Eight judgments and decrees were entered in civil actions. The court appointed Hiram S. Hanchett and Henry K. Wilson Masters in Chancery. The grand jury reported the county jail both unsafe and un- healthy, and suggested some sanitary improvements, and recommended that a different lock be procured and placed on the outer door.

THE OLD JAIL BUILDING.

The old jail which was among the earliest foundations in Sullivan, is certainly entitled to a place in history, and all the more so as it for a time was used by the late Hon. H. K. Wilson, the Deputy Clerk of the Circuit Court, as a residence. The jail, which stood upon the same lot now occupied by the jail and Sheriff's residence, and then as now was used for both purposes, was a two-story log building consisting of two, or double walls of logs, ten inches square, about thirty-two feet long by sixteen feet wide. The south end in the lower story was intended for the Sheriff's residence. There was one window in the lower jail part on the east side fronting on Broad street. The upper story had three win- dows-one on the east, one on the west, and one on the south. These openings, which furnished all the light and air that penetrated this an- cient bastile, were about eighteen inches square, and were latticed with double horse shoe bars of iron riveted together at their crossings, with interstices of two inches through which light and air could pass. These windows were unadorned with either sash or glass, but were provided with wooden shutters made of two thicknesses of two-inch oak plank

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firmly bolted together and hung on strong iron hinges. When these shutters were closed, the occupants within were reasonably secure against all outside intrusion; they excluded the chilling March winds and were impervious to the frosts of a January night, but the abode within was as dark as Erebus. The walls, floor and ceilings of the cells were orna- mented with bars of iron crossing each other in an artistic manner, leav. ing but small portions of the wood exposed. Whether intentional or not, the manner in which the internal part of the old jail was constructed and arranged greatly abridged the natural rights of the dwellers therein in striking for liberty and freedom. The iron, so generously distributed, to a great extent interfered with the free and successful use of the knife, saw and the national tool-the little hatchet.

On the 12th of March, Joseph W. Wolfe filed his official bond, took the oath of office, and became Clerk of the Sullivan Circuit Court, and ex officio Clerk of the Probate Court. The August term, 1852, of the Circuit Court convened August 30, with Judge Eckles presiding. The grand jury at this term returned twelve indictments for miscellaneous offenses. A number of criminal causes were tried and disposed of; six- teen final judgments and decrees were rendered in civil actions. Allen T. Rose, William E. McLean, John Hanna and Frederick T. Brown were admitted to practice ae attorneys and counselors at law.

FIRST COURT UNDER THE NEW CONSTITUTION.

On the 23d of October, 1852, Hon. James Hughes was commissioned as Judge of the Sixth Judicial Circuit, which included the county of Sullivan, he having been elected to that office by the people under the new constitution making the judiciary elective. He took the oath of office on the 23d of October, before Milton McPhetridge, Clerk of the Circuit Court of Monroe County. On the 28th of February, 1853, the first Circuit Court under the present State Constitution was convened in Sullivan County, with Judge Hughes on the bench. William E. McLean' the Prosecuting Attorney elect under the new constitution, was present, and represented the State in all criminal causes. To give a summary of the business of each term would extend the judicial history to an unrea- sonable length, without furnishing information of material value, and it will, therefore, be omitted in the future. Noted cases will be referred to as fully as space will permit. No business of importance was transacted at the August term, 1853, of the Circuit Court. The records show that a grand jury wae duly impaneled, if they returned any indictments the records fail to show it. Nothing whatever is known as to the transaction of that inquisatorial body beyond the fact that they were impaneled; it does not appear that they were ever discharged. Ambrose B. Carlton and Robert N. Hutchison were admitted to practice as attorneys at law. The February term, 1854, of the Circuit Court convened on the 27th of

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February, with Judge Hughes presiding. A grand jury was duly impan- eled, but at the last previous term the record from the_ date of impan- eling is wholly silent as to their doings. The grand jury is not again named in the record during the term. The opinion and judgment of the Supreme Court affirming the judgment of the Sullivan Circuit Court in the case of Terre Haute Draw Bridge Company against Elias H. Hallady and William Beach was spread of record. Willis G. Neff and Francis L. Neff were admitted to practice at this term.

The next term of the Circuit Court convened August 28, 1854. An unusually large amount of business was transacted, but little of it was of general importance. A. F. Estabrook, our present worthy County Sur- veyor, was admitted to practice as an attorney at law. Two slander suits, one of Tennis vs. Cummins, et rex., and Tennis et rex. vs. Cummins et rex., were tried at this term and attracted a great deal of interest, the male parties being brothers-in-law. In the case of Samuel Tennis vs. Cummins and wife, Tennis recovered a judgment for $18; in the other case the jury found for the defendant. The stigma fastened upon the reputation of Tennis by the verdict of the jury, as the finding of nomi- nal damages so far as reparation is concerned, amounts to a defeat, clung to him as long as he remained a citizen of the county, and undoubtedly satisfied him that courts are poor cobblers when engaged in repairing a shattered reputation. The winter term of the Circuit Court in 1855, convened February 26, with Judge Hughes presiding. William F. Pid- goon, who is still living and engaged in the practice of the law in the city of Vincennes, was admitted to practice as an attorney at law.

WOOLY VS. WOOLY.

The case of Wooly against Wooly, tried at this term, subsequently attracted attention throughout the entire county. Thomas Wooly, the plaintiff, who was a wealthy farmer residing in one of the eastern counties of the State, came to Sullivan County for the purpose of purchasing a farm and making the county his home in the future. Simultaneously with his arrival he filed a petition in the Circuit Court of Sullivan County, against his wife, Catharine Wooly, praying for a divorce on the alleged grounds of desertion. Notice of the pendency of the petition, based upon an affidavit that his wife was a non-resident of the State, was made by publication in a newspaper. In due time, he obtained the desired decree and at once returned to his home. Mrs. Wooly, who it appears was a very worthy lady, appeared within a year from the rendition of the decree and filed a complaint to renew or set aside so much of the original decree as affected the question of alimony, upon the trial of which the following facts were made to appear. Mrs. Wooly was an invalid, and at the suggestion of Mr. Wooly went to Cincinnati, Ohio, for medical treatment, Mr. Wooly accompanyed her and making all necessary arrange-

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ments for her care and treatment; Mr. Wooly then returned to Indiana, came to Sullivan County and procured the divorce. Mrs. Wooly it seems was entirely ignorant of the pendency of the proceedings, and was not only surprised but indignant at the conduct of her husband, and in pro. curing a divorce in that clandestine way, and in being cast off without a cent of money for no fault of hers. The judgment was afterward opened up and decree rendered, giving ber $1,500 alimony, but not in time. This decree, on appeal to the Supreme Court, was reversed, because the order granting the new trial was not made within the time limited by the statute, and Mrs. Wooly was finally turned off without anything whatever. This case, however, had a great influence upon the Legislature, and con- tributed largely toward securing the changes that from time to time have since been made in the divorce laws of the State.

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History of Greene and Sullivan Counties, State of Indiana, Part 60

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

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