History of Greene and Sullivan Counties, State of Indiana, Part 62

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 62
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 62

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).

Digitized by Google

550

HISTORY OF SULLIVAN COUNTY.

seven per cont annual interest, payable at the office of the Treasurer of the State for the amount, and the State University was to retain the money already received from the sale of these lands. The two univer- sities were anxious that this arrangement should be consummated, espe- cially the Vincennes, whose Board of Trustees appointed a committee, consisting of Mr. Judah, A. T. Ellis and Mr. Bishop, to labor with the Legislature to secure the passage of a bill to that effect, and directed them, or, in the absence of Ellis amd Bishop, directed Mr. Judah to spend of their portion of the money such amounts as might be deemed necessary to secure the passage of the bill. A majority of the Legis- lature did not look upon the measure with favor. It required a great deal of lobby work and log-rolling to get it through; it, however, finally passed, and the bill became a law. Under this law, the State issued her bonds, a part of which were received by Mr. Judah, which he claimed to hold for his fees and expenditures in getting the bill passed providing for the settlement. This suit of the Trustees for the Vincennes Uni- versity against Samuel Judah was to recover these bonds or their value.

OTHER TERMS OF SULLIVAN CIRCUIT COURT.

The February term, 1860, of the Circuit Court passed off without any notable cause coming on for trial. John Mastin was admitted to prac- tice as an attorney. Between the close of the August term, 1859, and the February term, 1860, the term of office of Joseph W. Wolfe, as Clerk of the Circuit Court and ex officio Clerk of the Court of Common Pleas, expired, and James W. Hinkle, the Clerk elect, took possession of the office, and appointed Daniel Langdon his Deputy. Mr. Wolfe had filled . the office for two terms of four years each, discharging the duties of his office faithfully and acceptably to the people having business in the courts of the county. After his retirement from office, Mr. Wolfe com- menced the practice of the law, confining his business to probate matters. It is worthy of note that during Mr. Wolfe's official, as well also as while engaged in the practice of law, he also exercised the functions of a minister of the Gospel in the Christian Church, of which society he was and still is a devoted and exemplary member. Some of Mr. Wolfe's sermons are said to have been replete with learning, and delivered with great force and emphasis, and were frequently delivered with flights of the most sublime eloquence .. His speaking was principally extempora- neous. He is still living in Sullivan, a venerable old gentlemen, a type of the men three generations back, full of honors and a conscience void of offense toward God and man. He was admitted to practice as an at- torney at the August term, 1860, of the Circuit Court. John E. Risley was admitted at the same term. Hon. M. F. Burk was at this term ap- pointed to hold an adjourned term of the Circuit Court, commencing No- vember 7. Mr. Burk was an Irish lawyer of fine culture and high stand-

Digitized by Google

551

HISTORY OF SULLIVAN COUNTY.

ing in the legal profession, both on account of his learning and cour- teous deportment toward the members of the bar. He resided in Wash. ington, Daviess County. It is said he was a blood relation to Edmund Burke, the eminent Irish advocate. But little business was transacted either at the regular August or adjourned terms. The political campaign of that year, with accompanying excitement, crushed out the law business almost entirely. Capt. Joseph W. Briggs, the oldest resident member of the Sullivan bar, died very suddenly on the - day of January, 1861. He had been for so long a time and so intimately connected with the courts of the county, and so wide and favorably known that a sketch of his life and family connection would seem to be altogether appropriate.

A large amount of business was transacted at the February term of court, but all of a commonplace character. On the 24th of February, during the sitting of the Circuit Court, Israel W. Booth, a resident mem- ber of the Sullivan bar, died. A meeting of the members of the bar was convened, over which John T. Gunn presided. Appropriate resolutions were adopted, and ordered to be reported to the court and recorded in the order book, but owing to the inexcusable neglect of the Secretary of the meeting, a copy of the resolutions were never furnished to the Clerk, and consequently do not appear of record. (See note made by Mr. Hinkle, Clerk, in Order Book B, p. 688.) Mr. Booth was a native of Ohio, where be had an excellent family connection.

COURTS DURING THE WAR.

The August term, 1861, of the Circuit Court developed no litigation outside of the ordinary routine of business. Stephen G. Burton was ad- mitted to practice as an attorney at law, he having located in Sullivan with a view of making that place his permanent home. Mr. Burton, shortly after his location in Sullivan, engaged in the business of selling drugs. He was elected to represent the county in the Legislature of 1862-63; was once a candidate before the Democratic primary election for Auditor, and defeated by Murray Briggs. Mr. Burton was a graduate of the State University of Bloomington, both in the classical and law departments, and was a good scholar and plausible stump speaker.

The war had called to the field many of the parties to suits pending, and many witnesses whose testimony was relied upon, and withont whose presence causes could not be tried, and in addition, men's minds were steadfastly fixed upon the national flag every moment, praying for its safety, so that all interests in courts and law suits were buried beneath the one great anxiety. The business transacted in the Circuit Court after the year 1862 up to 1864, was of such commonplace character that it cannot be of interests to any one further than the terms of court were regularly held, and the routine business disposed of. At the February

Digitized by Google

552

HISTORY OF SULLIVAN COUNTY.

term, 1862, John M. Humphreys was admitted to practice as an attorney at law. At the August term of the same year, James M. Hurst was ad- mitted to practice as attorney at law. Mr. Hurst then resided in Fair- banks Township. He. afterward removed to Vigo County, and was elected District Attorney on the Democratic ticket for the Common Pleas District, composed of the counties of Sullivan, Vigo and Parke. Samuel R. Cavins, a sketch of whose life will be found in the history of Greene County, and Peter Y. Buskirk were admitted to practice as attorneys at law at the February term, 1863. Mr. Buff, for several years previous to his admission to the bar, had been connected with the Union Christian College of Merom, Ind. He came to the bar with a pretty thorough knowledge of the elementary principles of the law. The foundation of his legal knowledge was deeply and well laid, and by assiduous study, connected with an extensive practice, he has become an excellent lawyer. Mr. Buff, in addition to his legal acquirements, was a great lover of litera- ture, and by his studious habits and constant reading acquired a general knowledge that for variety and accuracy is excelled by few. He is a fine conversationalist, kind, social and gentlemanly in his deportment, both in court and society. At the same time, G. W. Willis was also admitted to practice as an attorney at law. At the February term 1864, Hon. Ben- jamin F. Havens was admitted to practice as an attorney at law. Mr. Havens thus resided in Sullivan, but since that time he removed to Terre Haute, where he has been honored by his party. by an election to the Legialature, and also as Mayor of the city of Terre Haute. No causes of importance appeared in the docket of the August term, 1864.

GREAT NUMBER OF INDICTMENTS.

At the February term, 1865, the grand jury returned fifty-eight in- dictments against John Ellis, Elias Walls, Francis M. Walters, Nathaniel Duchman, Martin Smith, James Hughes, Benjamin F. Walls, Harlam Walters, John Tohn alias Burnsides, James Sales alias James Greene, George Walters, Nimrod Walls, Stephen Lovelace, William V. Storm alias Vaughe, John Sutton, George Walters, James Niman, Andrew J. Tolan alias Burnsides and David P. Cummins. The parties had all been arrested before the return of the indictments. George Walters, John Ellis, David P. Cummins, Elias Walls and Nimrod Walls gave bond for their appearance in court; the remainder were committed to jail. A special guard was employed to guard the jail; the prisoners, nevertheless, cut their way out through the jail floor and made their escape in the night. Not one of the latter number ever was retaken. Those of the defendants who were under recognizance applied for, and was granted a change of venue, at the August term, 1865, and the causes were sent to the Greene Circuit Court. One of the defendants had a separate trial in that court, and was convicted, but he obtained a new trial. Nothing

Digitized by Google

553

HISTORY OF SULLIVAN COUNTY.

further ever came of the cases. At the time the arrests were made, the public feeling against the prisoners was very bitter and the excitement Was very great. The persons arrested and indicted, it was alleged, had banded themselves together for the purpose of raiding and stealing.

PREVALENCE OF CRIME.

A vast number of houses and stores had been broken and entered in the night time and the inmates compelled to give up what money there was in their possession; men were also stopped in public highways and forced to give up their money; houses, barns, grain and hay stacks were burned; the depot of the Evansville & Terre Haute Railroad at Sullivan was broken into and a large amount of goods were stolen therefrom; an express train on the same railroad was derailed between Sullivan and Paxton, and the express box stolen. Crimes of the character of these had become so frequent and daring that the people became alarmed. A detective was set to work, who soon got the whole secret and in due time the arrests were made. The Board of County Commissioners, at their March term, 1865, made a contract with Hon. William Mack, by which they agreed to pay him $1,000 for prosecuting said criminals. The con- tract was general in its terms and purported to require Mr. Mack to prosecute all criminals in the county, but it was certainly. understood that the crimes spoken of gave rise to and was the cause of his employ- ment. It is not certain, and probably may well be doubted that the same band of men that committed the burglaries and larcenies committed the arson.

TERMS AFTER THE WAR.

The February term, 1866, of the Circuit Court convened February 21, with D. R. Eckles Presiding Judge; Michael Malott, Prosecuting At- torney; Edward Price, Clerk; and Alexander Snow, Sheriff. Solon Tur- man, James A. Scott and James I. Smiley, all of the Greencastle bar, were admitted to practice as attorneys. On the evening of the 21st, Judge Eckles gave a bar supper at a restaurant kept by Mr. Orson Moor, at which a great variety of wild game was served.

JUDGE ECKLES' SUPPER PARTY.

The bill of fare included, among other wild game, venison, bear meat, rabbit, squirrel, opossum, etc .; and of the fowl, wild turkey, grouse, pheasant, quail and snipe. Those who attended the supper had lots of fun that night, but those who did not attend it had lots of fun the next day. One dignified limb of the law supposed he was stowing away & slice of nice cake in his stove-pipe hat, but in place thereof it proved to be a two-pound roll of butter. The room was warm, the butter melted, the gentleman discovered that he was perspiring wonderfully, and the more he plied bis handkerchief, the more freely he perspired, till his en-

Digitized by Google

554

HISTORY OF SULLIVAN COUNTY.

tire suit of broadcloth was thoroughly saturated with butter. He was a Southern gentleman, had been born, raised and educated on the sunny shores of the Southern Pacific, where opossum is the standard of excel- lence among all wild game. While the butter in his stove-pipe hat was gradually melting and finding its way down the back of his head and neck and lubricating his spinal column, filling his eyes and ears and anointing his fine beard; and while with a large bandana, which he held in his left hand, and with desperate effort attempted to dry up the moisture that seemed to issue from every pore in his head. In his right hand he held the carcass of a full-grown opossum, well roasted, to which ever and anon he applied his incisors. The oil running down on the outside and the opossum on the inside, he presented a spectacle that would have charmed the pencil of even the dullest artist. It was the mixture of the great varieties of wild meats that caused all this. " It con. fused many of those who partook of the bountiful repast.

THE MURDER OF LLOYD.

At this term of the Circuit Court, the case of the State of Indiana against William Casaday, wherein the defendant was charged with the murder of John Lloyd, was tried. The State was represented by Michael Malott, the Prosecuting Attorney, and Sewell Coulson, and the defend- ant by Hon. James M. Hanna and Samuel R. Hamill. The defendant's counsel were very apprehensive of the result of this trial. Judge Hanna, especially, felt that it required every exertion that could be put forth by them to save their client from the death penalty. It gave him great anxiety. Every thought for weeks, both day and night, was how to save this man's life. The first perceptible indication of the insidious disease that finally terminated Judge Hanna's life made its appearance during and about the close of this trial. He was the first to notice it, and up to his death it is said attributed his ailment to an over-taxation of his mind in that case. He believed his client was insane, and defended him upon that theory. The jury, however, thought different, and found him guilty of murder in the first degree, and that he be imprisoned in the State Prison during life. Judge Hanna, it is believed, accomplished all in the case he expected.

THE FALSE IMPRISONMENT CASES.

A number of causes worthy of a place in the judicial history of the county, for the first time appeared upon the Circuit Court docket at this term. These cases grew out of matters that transpired during the war, and are so intimately connected therewith, that an account thereof is not only a part of the judicial, but general, history of the county, an omission of which would be like the play of Hamlet with Hamlet left out. The cases referred to are those of Andrew Humphreys against Samuel McCormick et al. ; William Holdson against Samuel McCormick et al .;

-Digitizēđ by

Google

555

HISTORY OF SULLIVAN COUNTY.

Thomas Mayfield against Samuel McCormick et al .; James Leach against Samuel McCormick et al .; John Sisson against Samuel McCormick et al., and the State of Indiana against Samuel McCormick et al. That the reader may more fully understand the character of these causes, it is necessary to reproduce a statement of the facts constituting the injuries complained of, and the manner in which the defendants, McCormick and his associates, became involved in the same. The February term, 1864, of the Circuit Court was held partly by Hon. C. Y. Patterson, Judge of the Court of Common Pleas, and partly by Michael Malott, Judge Claypool, on account of sickness in his family, being unable to attend. The August term was held by Judge Claypool. This was the last court held by him in Sullivan County, his term of office expiring with the coming October election. Hon. D. R. Eckles was elected Judge of the Sixth Judicial Circuit at the October election in 1864. Contrary to the usual custom in such cases, Judge Eckles never caused his commis- sion to be placed of record upon the order book of the court. No busi - nens of importance was transacted either at the February or August terms, 1864. The February term, 1865, was held by Judge Eckles With this term, also, came in a new Clerk-Edwin Price -- and Alexander Snow, as Sheriff. No causes involving general interest or worth, of his- torical mention, were disposed of at this term. The same may also be said of the Angust term of that year. Samuel McCormick was Captain of a company of State militia, regularly mustered, and constituted a part of the State Legion in Sullivan County. James Hughes was a Major General in the Legion and in command of all the southern part of the Stata Alven P. Hovey was a Brigadier General in the United States Volunteer Army, and as such was, by the direction of the President of the United States, in command of all the United States forces within the State of Indiana. On the 5th of October, 1864, General Hovey issued a military order, from which the following is an extract:

" HEADQUARTERS, DISTRICT OF INDIANA, " INDIANAPOLIS, October 5, 1864. "Special Order, No. 142-Extract:

"10. Capt. John W. Day, First Heavy Artillery Indiana Volun. teers, with the force turned over to him for that purpose by Maj. Gen. James Hughes, will arrest Andrew Humphreys and bring him to this city without delay. A special train and guard will be at the depot at Sul. livan, Sullivan County at twelve (12) o'clock M., seventh (7) of October instant, to bring the prisoner to this city. The officer in charge of this train and guard will be directed to report to Capt. Day at the time and place named. . . * " By order of BREVET MAJ. GEN. ALVIN P. HOVEY, "AND. C. KEMPER Assistant Adjutant General.

"CAPT. JOHN W. DAY, First Heavy Artillery Indiana Volunteers."

Digitized by Google

556

HISTORY OF SULLIVAN COUNTY.

On the 6th of the same month, Maj. Gen. James Hughes issued the following special order:

" HEADQUARTERS SECOND DIVISION INDIANA LEGION,

" October 6, 1864.

}

" Special Order, No. 29.

" Lieut. [Captain ] Samuel McCormick will report forthwith to Capt. John W. Day, First Heavy Artillery Indiana Volunteers, with twenty picked men of his command, well mounted for special duty. " JAMES HUGHES, Major General Indiana Legion."

THE ARREST OF ANDREW HUMPHREYS.

Capt. Day, with the forces under command of Capt. McCormick, OD the 6th day of October. 1864, proceeded to Linton, Greene County, where they arrested. Andrew Humphreys, and conveyed him to Sullivan, where a special train was in waiting, which conveyed him to Indianapo- lis. He was, in company with William A. Bowles, Lambdon P. Milli- gan, Stephen Horsey and Horace Hefron, tried before a military com- mission, on sundry charges of disloyal and treasonable practices, and found guilty. Afterward the whole matter came before the Supreme Court of the United States in exparte, the United States ex rel. Lamb. don P. Milligan, on habeas corpus, in which it was held that the com- mission was convened without authority of law. That inasmuch as there was no war in the State of Indiana, and the civil authorities were in the full and uninterrupted license of their functions, and the courts of both the State and United States were open, in full operation, and possessing competent authority to prosecute and punish all violation of the laws, it was illegal and unwarranted by the constitution to try civ- ilians by a Military Court within the State of Indiana, and that the trial and conviction was therefore void. This decision liberated said parties. Humphreys immediately commenced a civil action against Capt. McCor- mick and others who composed the force turned to Capt. John W. Day, b7 Maj. Gen. James Hughes, by his order of October 6, claiming $50, - 000 damages for his said arrest and imprisonment. He was represented by Hon. James M. Hanna, D. W. Voorhees, Samuel R. Hamill, William Mack, Calvin Taylor, Michael Malott and others, his attorneys. The de- fondant was represented by Col. R. W. Thompson, who appeared on two occasions at this term and then abandoned the cases, and by Sewell Coulson. On their first appearance, the defendants filed their petition and motion to remove the cause into the United States Circuit Court, within and for the district of Indiana, and tendered the statutory bond. Judge Eckles overruled the petition and motion, and the cause was con- tinned to the next term. On the 10th of February, 1865, Col. R. W. Thompson, then Provost Marshal for the Seventh Congressional District, issued the following order:

- Digitized by

Google

557

HISTORY OF SULLIVAN COUNTY.

" PROVOST MARSHAL'S OFFICE, TERRE HAUTE, February 10, 1865.

"If any quanity of arms or ammunition shall be found concealed in the county of Sullivan, Capt. McCormick will please seize the same wherever found, and report it to me. He will of course employ the nec- essary force to make the seizure, taking care not to trespass [ on ] any rights of persons or private property. Let the seizure be only of such as may be found concealed in unusual quantities.

" R. W. THOMPSON,

" Captain and Provost Marshal, Seventh District, Indiana."

A detachment from the invalid corps, numbering about 400, under the command of Capt. O'Neal, arrived in Sullivan in December, 1864, and remained some two or three months. On the first arrival of the soldiers, there were four companies of the invalid corps and about the same number belonging to the State Legion. Among the latter was Capt. McCormick's company. Capt. Ostril directed Capt. McCormick to bring William Holdson and James Leach to his headquarters, for the purpose of obtaining information from them about some matters he was required to investigate; this Capt. MoCormick did. The defendants in each canse filled their petition and motion, and tendered their hond to remove the causes to the United States Circuit Court, for the district of Indiana, and each of which was overruled by the court. The causes were all con- tinned till the Angust term.

THE MURDER OF A STRANGER.

At this same term of the Circuit Court, the grand jury returned an indictment against Haydon Cuppy, William W. Rogers and James T. Allen, charging them with the murder of a stranger, by hanging him by the neck. The circumstances of the case were substantially these: Shortly previous to the sitting of the grand jury, two strange men, claiming to be from Louisville, Ky., got off the cars at the town of Shel- barn, and started to the country for the ostensible purpose of looking at come land one of them claimed to own, and proposed to sell to the other. They had not been long gone when one of them returned. Some time during the day, a lady and some children were attracted into a thick wood by the moans of a person, where they found the other stranger ap- parently in a dying condition. He had been beaten over the head with a club in a terrible manner, and had also been stabbed a number of times. He was entirely insensible, and no hopes of his recovery were entertained. He had been robbed of all his money and other valuables carried upon his person. The news of the supposed murder and robbery spread rapidly, and soon there were several hundred people on the ground. The man that had returned to Shelburn was recognized as the person that had got off the train in company with the murdered man. He was promptly arrested, and admitted his crime. He was taken to the

Digitized by Google

558

HISTORY OF SULLIVAN COUNTY.

woods east of Shelburn, and, in presence of a crowd of from five to seven hundred people, was hanged. The cause was not tried till the February term, 1867, and the defendants were admitted to bail in the sum of $5,000 each.

THE PAYNE MURDER CABE.

The August term, 1866, commenced August 20. At this term of the Circuit Court, the case of the State of Indiana against Frank Payne, on charge of murder, brought to the Sullivan Circuit Court on change of venue from the Vigo Circuit Court. It was claimed that Payne, without any provocation, except that the murdered man was a negro, shot and killed him in the field while plowing. The State was represented by Col. John P. Beard, and the defendant by Hon. D. W. Voorhees and `William Mack. During the progress of the trial, through some remark made by Mr. Mack, Mr. Voorhees and Mr. Beard got into a fight, but were separated by Hon. Joseph E. McDonald, who was present. Judge Eckles to vindicate the dignity of the court, fined Mack, Voorhees and Beard each $25. The defendant was acquitted.

THE FALSE IMPRISONMENT CASES CONTINUED.

The cases of' Humphreys v. McCormick et al., and Mayfield v. Mo- Cormick et al., were tried, the first by a jury, which resulted in a judg- ment for the plaintiff in the sum of $25,000; the latter was tried by the court, and resulted in a finding and judgment for the plaintiff in the sum of $500, both of which were appealed to the Supreme Court, and the judgments were reversed, and the causes remanded, with directions to certify the same to the United States Circuit Court, which was afterward done. They remained in the United States Circuit Court for some time, and finally, in 1868, were dismissed for want of prosecution. A nolle prosequi was, by the direction of the court, entered in the case of the State vs. McCormick et al. The cases of Holdson vs. McCormick et al., Leach vs. McCormick et al., and Lipon vs. McCormick et al., were sent to the Knox Circuit Court, on change of the venue granted upon the ap- plication of the defendants. They were afterward certified to the United States Circuit Court, and finally dismissed for a failure on the part of the plaintiffs to plead under the rules of the court. William H. De Wolfe, of the Vincennes bar, and Nathan D. Miles were admitted to practice as attorneys at law. Mr. Miles continued to reside and practice his profession in Sullivan for several years. He was, while a resident of Sullivan, elected to the House of Representatives, where he served with credit to himself and constituents. He afterward moved to Kentucky, and is now engaged in the practice of the law in Lexington and his own county.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Greene and Sullivan Counties, State of Indiana, Part 62

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

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