History of Greene and Sullivan Counties, State of Indiana, Part 63

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 63
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 63

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).

The February term 1867. of the Circuit Court, which convened on the 18th day of February, was held by Sewell Coulson as Judge pro

Digitized by Google

559

HISTORY OF SULLIVAN COUNTY.

tempore. Jacob S. Brodwell, who had been elected at the preceding October election, was Prosecuting Attorney. The case of the State of Indiana against Haydon Cuppy, William W. Rogers and James T. Allen was tried by a jury and the defendants were acquitted. Although it was claimed that over five hundred persons were present and witnessed the transaction, no witness was produced, although many were examined and testified that they were present and witnessed the hanging as previously stated, who were able to state who the parties were that hung the man. The excitement and confusion seemed to have been so great that no one knew how or by whom the hanging was done.

:The Legislature, during its session of 1867, created the Eighteenth Judicial Circuit, composed of the counties of Vigo, Parke, Vermillion and Sullivan. On the 1st day of March, 1867. Gov. Baker appointed Col. R. W. Thompson Judge, and on the 18th of March, he appointed Sewell Coulson Prosecuting Attorney for the new circuit. The first term of court held in the new circuit for Sullivan County, convened September 9, 1867. No causes of importance was tried. At the March term, 1868, Chambers' Y. Patterson, who had been elected Judge of the Eighteenth Judicial Circuit, at the regular State and county election in October, 1867, presented his commission bearing date November 4, 1867. Com- missioning him as Judge of the circuit for six years. Burton G. Hanna was elected Prosecuting Attorney at the same election for two years No important business was transacted during this term. So far as busi- nees is concerned, the same may be said of the September term, 1868; March term, 1869; September term, 1869; March term, 1870, and Sep tember term, 1870. . Michael Malott, a resident member of the bar in Sullivan, died January 25, 1869. The members of the bar held a meet- ing and prepared and adopted appropriate resolutions, which by order of the Judges both of the Circuit and Common Pleas Courts, were directed to be spread of record. There was a record of what were resolutions of a committee of the members of the Sullivan bar, but there is nothing to show that they were ever presented to the bar; on the contrary from their reading it would seem they were not. The resolutions reported to and adopted by the bar, were creditable alike to the memory of the de- ceased and the brethren of the bar that adopted them. They are not at hand, however, to be inserted in this sketch. Michael Malott was born' in Lawrence County, Ind., February 24, 1826, and removed with his family to Sullivan County about the year 1834. The date of his admis- sion to the bar, has been heretofore noticed. He was commissioned Prosecuting Attorney of the Common Pleas Court November 10, 1856; Notary Public September 10, 1859; Justice of the Peace November 1, 1860; Notary Public February 14, 1867. He also served one term as Prosecuting Attorney for the Sixth Judicial Circuit, which has heretofore been fully spoken of.

Digitized by Google

560

HISTORY OF SULLIVAN COUNTY.

At the March term, 1870, M. C. Mills, of Merom, and James F. Allen were admitted to practice as attorneys at law. The March term, 1871, of the Circuit Court, convened March 13. John C. Briggs was elected Prosecuting Attorney for the Eighteenth Judicial Circuit at the October election, 1870. His commission was dated October 24, and was sworn in on the 1st of November, 1870. W. M. Martyn was admitted to practice as an attorney at law March 24, 1871. Mr. Martyn then resided at Car- lisle, where he continued to practice law until about the year 1882, when he removed to the city of Evansville, where he still resides. The Sep- tember term was held, commencing September 11, during the two weeks allowed by law. The court was unable to clear the docket of the causes which, for several terms, had been accumulating on it in the allotted time, for the purpose of cleaning up the arrears and an adjourned term was called for October 31. The business of the court was not of a char- acter to involve or excite any public interest. The March term, 1872, convened March 11. Jesse Bicknell, who was elected at the October election, 1871, took possession of the Clerk's office on March 5, 1872, and served in that capacity for eight years, being elected his own succes- sor in 1875. Mr. Bicknell was a faithful and honest official. He was kind, courteous and obliging in his office, and had the respect and friend- ship of every attorney having business with him. The continued close confinement to his office greatly impaired his health and ultimately caused his death. Robert B. Sears, of. Newport, Vermillion County, was elected Prosecuting Attorney for the Eighteenth Judicial Circuit at the October election 1871, and served for two years from October 24. Mr. Sears appointed John R. Highfil, a brilliant young attorney of Sullivan, his Deputy. Mr. Highfil's health was very poor, being afflicted with pulmonary disease. He was induced to go to Colorado with a hope that his health would be restored, but instead thereof he soon died.

THE COURT OF COMMON PLEAS ABOLISHED.

The Legislature, during its session of 1874, abolished the court of Common Pleas, transferred the business thereof to the Circuit Courts of the respective counties, redivided the State into circuits and providing for four terms each year of the Circuit Court in place of two. Under the new arrangement, Vigo and Sullivan Counties constituted the Four- teenth Judicial Circuit, with C. Y. Patterson, Judge. Samuel R. Ham- ill was appointed Prosecuting Attorney for the new circuit. A thorough examination of the records of the Circuit Court fails to disclose any business of historic interest from the September term, 1872, to the Janu- ary term, 1874. C. Y. Patterson was re-elected Judge at the October election in 1878, notwithstanding he had a very considerable opposition. His commission way dated October 26, 1873. On the 15th day of De- cember, 1873, Ferdinand Basler, a resident member of the Sullivan bar

Digitized by Google

561

HISTORY OF SULLIVAN COUNTY.

died, and on the 18th of the same month a meeting of the members of the bar was held at the office of N. G. Buff, Esq., at which the follow- preamble and resolutions were adopted:

" At a meeting of the bar of Sullivan held at the office of N. G. Buff, Esq., on Thursday, the 18th of December, 1873, Joseph W. Wolfe, being the Chairman thereof, the following proceedings were had respecting the death of Ferdinand Basler, Esq., who departed this life on the 15th of December. 1873.

" Resolved, That Sewell Coulson, Samuel B. Hamill and John T. Gunn be and they are hereby appointed a committee with John T. Gunn, Chairman thereof, to draft resolutions expressing the sense of this meet. ing.

"On motion, the following resolutions reported by the same committee were adopted:

" WHEREAS, It has pleased Almighty God in the wise dispensation of His providence to take from among us our friend and professional broth - er, Ferdinand Basler, who died on the 15th day of December, 1873, in the meridian of his usefulness in public and private life.

" Resolved, that we sincerely deplore the early death of our friend who by his public services and privato virtues had won the gratitude of his fellow citizens and the esteem of his numerous friends.

" Resolved, That in the death of Ferdinand Basler our profession and the community have lost a worthy and most useful member.

" Resolved, that the bar of Sullivan offers to the bereaved family of the deceased, our warmest and most heartfelt sympathy.

" Resolved, That the bar attend in a body the funeral of the deceased.

" Resolved, That a copy of these resolutions be published in the Sul- livan papers, and that a copy also be sent to the family of the deceased." "JOHN T. GUNN, Chairman Committee"

" Resolved, That Sewell Coulson, Esq., Calvin Taylor, Esq., and N. G. Buff, Esq., with Calvin Taylor as Chairman, form a committee to pro- sent the foregoing resolutions to the Sullivan Circuit Court at its Janu- ary term, 1874, and ask that the same be spread of record in said court. " JOHN T. GUNN, Secretary."

The Circuit Court convened January 13, 1874, with a large docket, but the causes were of ordinary, commonplace character. From and in- cluding the March term of the Circuit Court, 1874, to and including the adjourned June term, held on the 12th day of July, 1876; no im- portant business came before the court. Jesse Bicknell was elected Clerk of the Sullivan Circuit Court, and John E. Lamb, Prosecuting At- torney for the Fourteenth Judicial Cirouit, at the regular State and county election in the fall of 1874. Mr. Lamb took possession of his office immediately. Mr. Bicknell's first appearance in court as Clerk was at the January term, 1875. The grand jury which was re-convened at

Digitized by Google

562

HISTORY OF SULLIVAN COUNTY.

the adjourned June term, on the 13th day of July, 1876, returned an in- dictment against John A. McKee for murder, of the trial and final dis- position of which more will hereafter be said. At the October terin, 1876, a new indictment was returned against McKee, and he was again admitted to bail in the sum of $7,500. Nothing worthy of note trans- pired in court during either the January or April or June terms, 1877. At the October term, William A. Massie was admitted to practice as an attorney at law. The journal entry of his admission reads as follows: " On motion of John N. Humphreys, Esq .. and after being duly sworn, William A. Massie set up the cigars." The case of the State of Indiana against McKee, by agreement of parties, was set for trial on December 18, 1877, to which time the court adjourned.

THE STATE OF INDIANA VS. JOHN A. M'KEE.

The case of the State of Indiana against John A. McKee, which came on for trial at the adjourned October term, that convened December 18, 1877, was probably one of the most remarkable criminal trials, and most hotly contested one ever tried in the county. The indictment charged that the defendant McKee, on the 1st day of June, 1876, feloniously and with premeditated malice, murdered one Mary Jane De Hart, by hanging her. Mr. McKee, was a well-to-do and reputable farmer, who lived two and a half miles from Sullivan, on the road leading from Sul- livan to Terre Haute. He had a family consisting of a wife and a num- ber of children, mostly grown. He was regarded as a man of considerable wealth and a good citizen. The woman alleged to have been murdered lived with a brother, a young, single man, in a small, one-story frame house, with two rooms in the main building, a back shed kitchen at the northwest corner, with one window in front in each room, one window in the kitchen and one door in the front opening toward the street, and one door opening out into the back yard. The partition dividing the main building into two rooms was made of rough, undressed oak plank, and the door shutter between the rooms was of the same material. The house fronted east on Jackson street, in the southeast part of the town of Sullivan. Miss De Hart, for many years, had borne an excess 2. bad

reputation for virtue. She had made repeated attempts, by treats of exposure and otherwise, to blackmail reputable citizens, in some of which she had been successful. She had, for some time, with the assistance of paramour, named Thomas Daugherty, been endeavoring to extort money from McKee, by writing, and procuring Daugherty to write letters to Mc- Kee, demanding money from him under threats of preferring a false charge of bastardy against him, some of which were dropped in the Post Office at Sullivan; one was delivered to him by his brother, one by Capt. Storey, and others were dropped about his premises. On the morning of June 1, 1876, between 7 and 8 o'clock, she was found dead, suspended to the

Digitized by Google

563

HISTORY OF SULLIVAN COUNTY.

partition door, with a piece of cotton clothes line rope around her neck and over the top of the door. McKee, at the time of this occurrence, had carpenters at work repairing his dwelling-honse. The workmen, while removing the old roof, had thrown a piece of timber on the clothes line, which caused McKee to take it down and place it in his smoke house. A Coroner's inquest was held over the dead body of Miss De Hart, during the progress of which Daugherty made the charge that McKee had mur- dered her. No rope resembling the piece with which she had been bung, and which was about eight feet in length, could be found about the De Hart premises, nor anywhere in the vicinity of them. Parties, on going to McKee's house, and getting the clothes line, found, on a comparison, as they supposed, that the two exactly corresponded. On getting Mc- Kee's daughter to stretch the line in the usual place, it was discovered that the line had been cut, and was about eight feet short, and that by adding the piece, found around Mies De Hart's neck, it was the proper length.

McKee, early in the morning of the 1st of June, went to Shelburn, and from Shelburn to Sullivan, and from Sullivan home, where he arrived between 8 and 9 o'clock A. M. On the trial, all the forgoing facts were shown; and in addition thereto, two witnesses testified to see- ing MoKee go into the De Hart house shortly after 7 o'clock that morn- ing, and a third one testified to seeing him going away from, in that direction. On the other hand, it was shown that there were no marks of violence on about the person of the deceased; that when she was found by her brother the front windows were all nailed down on the inside, the back window in the kitchen was closed up with boards nailed over it on the inside. The front door was locked on the inside, and the key in the lock. The back door was fastened on the inside with a stick of stove-wood, the end of which. one on side was cut off wedge shape, and placed under the door near the center, in a way that it was impossible to have been done by a person from the outside. The door was closed so close that a man could not put his hand in. It was also shown that Daugherty and the deceased were out in the woods till between 11 and 12 o'clock the night before, and then returned to the house and slept together till morning. It was also shown by witnesses that Daugherty left the house but a short time before the deceased was found. The shortage in Mckee's clothes line was accounted for in a way entirely consistant with McKee's innocence. Medical experts gave it as their opinion that it was a case of suicide. Mr. Briggs argument was un- doubtedly the most forcible and effective one, made on either side of the case, although Mr. Lamb, in the closing argument, caused the knees of the weaker friends of McKee to tremble. Mr. Briggs spoke two hours and a half, in which he reviewed the evidence in a masterly way. His manner, language, delivery, in short his entire speech was all that the 35

Digitized by Google

564

HISTORY OF SULLIVAN COUNTY.

finest forensic critic could desire. For logical reasoning, and plain natural elocution, it has never been surpassed by any one in the Sullivan Court House. It was the ablest effort of Mr. Briggs' life, and an argu- ment of which he or any attorney might well feel proud.

McKee was examined as a witness on his own behalf, and admitted being in Sullivan that morning, but denied being at the De Hart house, denied all complicity in the homicide, but admitted the frequent attempts made by deceased and Daugherty to blackmail him; also the receipt of letters written by her, demanding money, under a threat to prefer a charge of bastardy against him. It was also shown by. the physician that made the post-mortem examination that the deceased was not enciente. The trial commenced December 18, and ended on the 24th of the same month, in a verdict of not guilty. The State was represented by Hon. John E. Lamb, Prosecuting Attorney; Ambrose B. Carlton, and Thomas J. Wolfe. The defendant was represented by Sewell Coulson, whom Mr. McKee selected to lead in the defense, John C. Briggs, George W. Buff, John T. Hays and James B. Patton. It is only fair to coun- sel, in behalf of the defense, to say that it is'very difficult to say who did the most toward securing the defendant's acquittal. Each and every one did his whole duty. The arguments to the jury on the part of the defense were made by Messrs. Buff, Briggs and Coulson in the order named. Wolfe opened the case for the State, followed by Carlton and Lamb. The arguments on both sides were earnest and logical, marked, however, with more invective and acrimony than was necessary.

The defendant, from the commencement to the close of the trial, never closed his eyes to sleep. The interest taken in the trial was intense. On the one hand, McKee had bitter enemies, who became such during the war, that used every exertion to crush him in this terrible struggle for his life; a knowledge of that fact brought to his side scores of warm and sympa- thizing friends, who were willing to aid him in any way they could. The court house was crowded at all times during the trial. After the conclu- sion of the arguments and the court had instructed the jury, they retired to make up the verdict. The jury was sent out on Saturday evening. The suspense that followed their retirement and continued till their re- turn into court on Monday morning is indescribable. The very clouds that hung in the horizon or lazily floated across the sky seemed to bow their heads in ominous silence to catch a whisper from the jury room. Anxiety was depicted on every countenance. Men sat in the court room from morning till night and from night till morning, anxiously hoping for something to transpire that would indicate how the jury stood. Every incident, however trifling, was seized upon and discussed by those around, and its probable bearing pointed out. On entering the court room, it presented more of the appearance and solemnity of a death chamber than that of a court of justice; though crowded to its

Digitized by Google

- -

565

HISTORY OF SULLIVAN COUNTY:

utmost capacity, not a whisper, not a stir, and not & sound, but the heavy and sonorous breathing of the crowd, superinduced by the intense feeling that had fallen upon the crowd, that caused the blood to throb and flow irregularly, and the heart to forget her ordinary labor, that brought forth the involuntary sigh as nature gasped for relief, could be heard. A painfully deep, solemn and inexpressible silence per- vaded the room. Anxiety and suspense was visible in the manner and countenance of the Judge on the bench; the court officials, as they quietly discharged their official duties; the attorneys, as they sat about the bar, and the spectators. The atmosphere was filled with this feeling-the walls of the court room, the frescoing, the Judge's stand, and even the members seemed to express the most agonizing feelings of suspense, min- gled with fear. This terrible feeling was relieved about 9 o'clock on Monday morning, when the jury filed into court and took their seats and answered to their names as follows: Thomas McClung, James M. Douthell, David Fry, James D. Howard, Alonzo Colton, John O. Collins, Martin Robbins, Thomas Douthell, John Rohammel, Samuel M. Howard, John Cleavland and Washington Booker. When the verdict of not guilty was read, the tension gave way, not in wild raptnrous shouts of rejoicing, but to that peaceful gladness that swelled up from the heart and brought with it tears mingled with smiles, the most soothing balm his friends could apply to the wounds and bruises McKee received in the terrible contest just ended. The ordeal was too great for his physical constitution, it shattered his health; in a few months thereafter he was attacked with pneumonia and only survived a few days.

THE SHEPHERD-ENGLE MURDER OASE.

No cases of much importance came before the court till the April term, 1878, at which the case of the State of Indiana against Thomas Shepherd, charged with the murder of one Mason Engle, came on for trial before Hon. Thomas B. Long, Judge of the Criminal Circuit Court of Vigo County on a change of venue from Judge Patterson. The trans- actions that gave rise to this prosecution are substantially as follows: The deceased, Mason Engle, was a worthless kind of a man in possession of an extremely vicious temper. He was married and had at least one child. He had frequent quarrels with his wife, which on several occasions led to separations. When living separately, Mrs. Engle made a living by various kinds of labor. The defendant was a young unmarried man, but was carrying on farming on a large scale, and had two unmarried sisters keeping house for him. He also had a couple of farm hands employed that boarded with him. Shortly previous to the homicide, Engle and his wife were living separate, and Shepherd had taken some material to Mrs. Engle for the purpose of and employed her to make soap for him. When he went after the soap, he found Engle at home with his wife. A

Digitized by Google

566

HISTORY OF SULLIVAN COUNTY.

difficulty at once ensued between the two men. Engle attempted to strike Shepherd with a stick of stove wood. Shepherd proved to be the stout- est and best man, and administered a severe beating on Engle. Engle caused Shepherd to be arrested and fined, and also brought a civil action against him for damages before a Justice in Greene County. This cause was pending and was to have been tried on the day following the homi- cide. Engle and wife lived in a log cabin near the cross roads east of Mr. Samuel Buddin's residence. Shepherd lived nearly six miles east of Engle's, in Greene County. Engle's house stood on the south side of the road and fronted north. The north door was in the center of the house east and west. There was a small four-light, eight-by-ten glass window close by, and on the west side of the door, with the lower and east pane of glass broken out. The bed was located in the southeast corner of the house, with head to the south. There was a stand table in the southwest corner. Just after dusk and before it was dark, Engle lay down on the bed with his head to the north, resting his head upon his right arm, with his face to the west. The child was on the bed back of him. A lamp was sitting on the stand table. A shot, it was claimed, was fired through the place in the window where the glass was broken out, which struck Engle, and from the effects of which he died.

The first indictment against Shepherd was returned by the grand jury at the June term, 1875. He was tried upon this indictment and found guilty and sentenced to the penitentiary for life. The cause was appealed to the Supreme Court, and reversed at the November term, 1876, and re- manded to the Sullivan Circuit Court with directions to quash the indict- ment.

On the 17th of April, 1876, a new indictment was returned against Shepherd; this indictment was quashed on the defendant's motion at the June term, 1877. On the 19th day of June, another indictment was returned. Upon this indictment, Shepherd was again put upon his trial at the April term, 1878, and found guilty of murder in the first degree, and sentenced to the penitentiary during life. An appeal was again' taken to the Supreme Court, but on the allotment of causes, Shepherd had the misfortune to fall into the hands of Judge Biddle, then one of the Judges of that court-a man deficient in every element necessary to make a good Judge-and the cause was affirmed. Shepherd was sent to the Southern prison, where he still remains. The State was represented by Hon. John E. Lamb, Prosecuting Attorney, and Thomas J. Wolfe, Deputy Prosecuting Attorney. The defendant was represented by Hon. George W. Buff, John T. Hays and Sewell Coulson.

THE RAILROAD CASES.

Nothing of special importance came before the Circuit Court from this time up to the March term, 1880, except the initiation of the case of

Digitized by Google

567

HISTORY OF SULLIVAN COUNTY.

Love Overh Jour, et al., against the Cincinnati, Effingham & Quincy Con- attention C'in many, and others at the December term, 1978. This proved to be the most fruitful cause for litigation ever in the Sullivan Circuit Court, and for some time gave almost constant employment to the entire Sullivan bar as well as a number of attorneys from other places, espe- cially Chicago. John T. Hays, Esq., was elected Prosecuting Attorney for the Fourteenth Judicial Circnit at the regular State and county elec- tion in 1878, which ofice he very creditably filled till 1880, when Perry H. Blue was elected his successor, and discharged the duties of his posi- tion with ability and integrity till 1882.

CHAPTER VIII.

MILITARY HISTORY OF SULLIVAN COUNTY-SOLDIERS OF THE INDIAN WARS -THE COMPANY FOR THE MEXICAN WAR-SKETCH OF THE SECOND REG- IMENT-THE BEGINNING OF SECESSION-WAR SENTIMENTS IN SULLIVAN COUNTY-FIRST UNION MEETING-THE FALL OF FORT SUMTER-THE FIRST COMPANY-ITS RE-ORGANIZATION-ITS FIELD SERVICE AND PER- SONAL RECORD-UNION MASS MEETINGS-THE FOURTH OF JULY-THE SECOND COMPANY-ITS SERVICES-THE THIRD COMPANY AND ITS INDI- VIDUAL KELORD.

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 63

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

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