History of Greene and Sullivan Counties, State of Indiana, Part 9

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 9
USA > Indiana > Sullivan County > History of Greene and Sullivan Counties, State of Indiana > Part 9

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 THIRD TERM OF COURT.

The August term, 1822, was held by William Wick as President Judge and Thomas Bradford, Associate Judge. Court convened at the residence of Judge Bradford, and adjourned to meet at the court house in Burlington, the then county seat of the county. Smith Elkins, Isaac Naylor, Hugh Ross and James Whitcomb were admitted to practice as attorneys. James Whitcomb was afterward Governor of the State. Sev- eral cases were tried at this term. Four judgments were rendered, and three fines assessed. The grand jury returned ten indictments; one for man stealing, one for selling intoxicating liquors without license, and the others for various misdemeanors.

The March term, 1823, was held by the same Presiding Judge, and Martin Wines, Associate Judge. Mr. Martin Wines was one of the ear- liest settlers on the west side of the county. He lived to be an old man,

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and filled many places of trust. He was noted for his hospitality far and near, and for his upright life. He gained considerable notoriety as the author of a series of chronicles published in the papers. Smith Elkins was Prosecuting Attorney. John F. Ross was admitted to practice. There was very little business at this term. There were six indictments returned by the grand jury, one of which was for challenging a man to fight a duel. At this term, Richard Huffman, long known as a quiet, peaceable, orderly and good citizen, was fined 37} cents for fighting.

The October term of that year was held by the same Judges. David Goodwin, Edgar C. Wilson, John Law and Calvin P. Fletcher were ad- mitted to practice. John Law afterward became eminent in his profes- sion, and was Judge of the circuit and served several terms in Congress.

FIRST INDICTMENT FOR MURDER.

At this term the first indictment for murder in the county was found. Andrew Ferguson and Julius Dugger were charged with the murder of Isaac Edwards. The murder was charged to have been done with an ax.

Elkins Smith, the Prosecuting Attorney, assisted by Addison Smith and Isaac Naylor, prosecuted the case. These assisting attorneys were employed by the county to prosecute. The defendants were defended by Craven P. Hester and John Law. The defendants demanded separate trials, and Ferguson was tried at that term and acquitted. The case was continned as to Dugger. Before the first trial, the defendants were sent to Bloomington, Ind., for safe keeping, and after Ferguson was acquitted, Dugger was sent to Spencer for safe keeping.

The trial created great excitement among the people throughout the county. The original jury was challenged entirely, after which forty- eight others were brought in, and with these they could not impanel a jury. Twenty-five others were brought into court, making in all eighty- five. From this number they selected a jury composed of Moses Ritter, John Burch, George Burch, Simon Snyder, John Uland, Joel Benham, Daniel Ingersoll, George Padgett, Joseph Mise, Alexander Craig, Jobn Breece and John Moore.

The case was ably prosecuted and as ably defended. The jury found the defendant guilty of manslaughter, and he was sentenced to the State prison for four years.

The May term, 1824, was held by Jacob Call, President Judge, and by Judges Bradford and Wines Associate Judges. Thomas F. G. Adams was admitted to practice.

FAMOUS SLANDER SUIT.

At this term, there was a famous slander suit between parties long and favorably known in the county. The case was tried by a jury, after hav- ing been continued and passed until the witnesses and parties were

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bronght into court on seven different days. The jury after a long and laborious trial returned a verdict for 6 centa.

At the October term, John R. Porter was President Judge, and the same associates as at the preceding term. Mr. Shintaffer, who had heretofore signed what in common parlance was called a "lie-bill," ap- pears not to have protited by his past experience, and another slander case was presented against him. During the year, more than half the cases were for affray, riot or slander.

FIRST COURT IN BLOOMFIELD.

The May term, 1825, convened at Bloom jeld, and was the first court ever held at that place. At this term, Jacob Call was President Judge. John Law was Prosecuting Attorney and filled that place until 1830. Judge Porter was President Judge at the October term of that year, and his term did not expire until 1830. This year, William B. Morris ap- peared as Associate Judge in the place of Judge Bradford, whose term of office expired. The first divorce ever granted in the county was this year, and was in favor of Ezekiel Harrington. Gen. Jacob B. Lowe was admitted to practice.

In the year 1826, Col. Levi Fellows and Robert Smith appeared for the first time as Associate Judges. We have been unable to learn anything of Judge Morris or Judge Smith, but Judge Fellows was one of the earliest settlers, and one of the best educated and useful citizens. He settled at the old mill seat near Mineral City, and resided there until 1865, when he moved to Terre Haute, and has since died. During this year, there appears to have been a mania for divorces, and a large num- ber of cases, considering the population of the county, were commenced, but nearly all of them were continued from time to time, until the par- ties, wearied by the "law's delay," were reconciled. At the October term of this year, Hugh L. Livingston was admitted to practice. He afterward moved to Bloomfield, and made that place his home during the remainder of his life. A more extended notice of him will be found in another part of this history. This term was held by the Associate Judges without the presence of the President Judge.

There was no change in the officers of the court during the next two years. In the year 1827, E. H. McJunkins, Henry Chase and Mathias C. Vanpelt were admitted to practice, and in the year 1828 Mr. Griffith was admitted. At the June term, 1829, Samuel R. Cavins, who lived in Jackson Township, appeared an Associate Judge, to fill the vacancy caused by the retiring of Judge Smith. At this term, Affey Herrington divorced ber , husband, Ezekiel Herrington, this being the first divorce granted in the county in favor of the wife. This same man was the first man in the county to divorce his wife, and now in turn he is the first man to be divorced on application of his wife.

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THE PROBATE COURT.

This year, the first Probate Judge was elected in the county, and the first Judge of that court was Willis D. Lester. He was among the very first settlers in the county, his father having settled here before Willis D. was grown. He was elected in 1829, and held the office until 1843. He was elected again in 1849, and held the position until the court was abolished in 1853. In the year 1830, John Law was elected by the Legislature Judge of the circuit, and E. M. Huntington Prosecuting Attorney, each for the term of seven years, but Greene County was soon legislated out of Judge Law's circuit. Cornelius Bogard was Sheriff, having been elected the year before. He was one of the earliest settlers, and took an active part in the county business for many years. He was a man universally esteemed. At the April term, 1831, Tilghman A. Howard was admitted to practice. He was one of the best men in the State, and certainly for many years the most popular man in his party in the State. In 1840, at the earnest solicitations of his party friends, he resigned his seat in Con- gress and became the Democratic candidate for Governor. It was thought that his personal popularity throughout the State would enable him to defeat Gov. Bigger. But the tide of enthusiasm for Gen. Harrison against Martin Van Buren was irresistible, and Harrison's popularity elected the whole Whig ticket. In 1842, Gen. Howard was the choice of his party for United States Senator, while O. H. Smith was the choice of the Whigs. Neither was elected, but Edward A. Hanagan carried off the prize. Gen. Howard was afterward appointed to an office in Texas, and while there died. At the October term, G. W. Johnson acted as President Judge. Norman W. Pierce appeared as Associate Judge in the place of Judge Fellows. Judge Pierce came to the county in 1819 with Col. Fellows, they being brothers-in-law. He removed from the county in 1834. In 1832, Amory Kinney appeared as President Judge, and held the office for five years. John Robinson succeeded Judge Pierce as Associate Judge, and John Crook was elected Sheriff. After this term, the name of Philip Shintaffer ceased to ornament the records of the court. He finally became disgusted with the "ups and downs" of Greene County life, and especially with the courts, and silently glided down the waters of White River, and still downward until he reached the "Father of Waters"-the Mississippi-and on its banks he erected his cabin. The last time his name appeared on the docket it was followed by a nolle prosequi.

REVOLUTIONARY PENSIONS.

Early in this year, Congress passed a law granting pensions to all who served in the army, navy or militia during the Revolutionary war. The applicants were required to make their proof before the court, and one of the witnesses was required to be a minister of the Gospel, if such

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could be done, and if the applicant could not procure the testimony of a clergyman, he must show that fact and the reason why. During this . year, proof for John Storm, Peter Ingersoll, Adam Rainbolt and Joshua Burnett was made.

No attorney was admitted to practice in 1832. In 1833, R. C. Dewey, Delana R. Eckels and Paris C. Dunring were admitted. D. R. Eckels, many years afterward, was Judge of the same court. P. C. Dunning was afterward Governor of the State. All of these men were of first-class . ability and achieved distinction in their profession. In the year 1834, the attention of the Board of Commissioners was called to a defect in the " temple of justice," in some degree affecting the comfort of those hav- ing business there, and thereupon they ordered that the underpinning of the court house be repaired so as to keep the hogs from disturbing the court. This year, William L. Cole succeeded Judge Robinson, and Judge Bradford again appeared as Associate Judge, taking the place of Judge Cavins, who had resigned. David McDonald appeared as Prosecuting Attorney at one term, and John Cowgill at the other. Mr. McDonald was afterward Judge of the same court, and still later Judge of the Dis- trict Court of the United States. He is the author of McDonald's Treatise. Mr. Cowgill afterward was Judge of a Common Pleas Court. George R. H. Moore was Sheriff this year, and held the office four years.

THE NEW COURT HOUSE.

In 1835, the Board of Commissioners decided to build a new court house, and they appointed John Inman, William Freeland, Levi Fellows, Ruel Learned and Hugh. L. Livingston as a committee to draft plans, etc., and gave them authority to borrow $1,500, but not to pay a higher rate of interest than 10 per cent. The report of the committee showed' that the court house would cost $5,157. The committee was authorized to superintend the building. The contract was let to Calvin B. Hartwell, for $5,800-$1,000, to be paid April 1, 1836; $1,500, November 1, 1836; $1,000, April 1, 1837; and balance at completion of building. The con- tractor, after receiving the first payment, left the State, and his sureties, Andrew Downing and Samuel Simons, were required to finish the build- ing. Mr. Downing undertook the completion of the building. The county failed to make the payments according to contract, and after Mr. Downing had exhausted his means and his credit, the work was about to stop. The committee on their own responsibility borrowed of the Bedford Bank $2,000, at 12 per cent, and the work was completed. The building was not finished until 1839, and cost the county $6, 271,59. In the year 1835, the term of service of Thomas Warnick as Clerk of the court expired. Up to this time, he held the office of Clerk continuously from the first election of Clerk in the county. Next to Judge Bradford, he seems to have been the leading man in the organization of the county.

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In the earliest days of the county, when no money could be collected on taxes, he advanced the money for the purchase of the necessary books for records. Samuel R. Cavins, succeeded Mr. Warnick as Clerk of the court, and he held the office continuously until after the October election in the year 1856.

AD QUOD DAMNUM.

The first ad quod damnum case in the county was this year. It was on the application of Ruel Learned, for the purpose of establishing a mill on Richland Creek, about one mile southeast of Bloomfield, and for . assessing damages incident thereto. The jury was composed of John T. Freeland, Paris Chipman, John Milam, A. B. Chipman, Jesse Barnes, Barney Perry, Benjamin Brooks, Hilton Waggoner, James H. Hicks, Thomas Patterson, Carpus Shaw and John Van Voorst. The jury reported no damages to any one, and that all the lands on the stream, for two miles above the dam, were public lands. Two years and a half passed without the admission of an attorney at the bar. In 1836, Willis A. Gorman was admitted. He was afterward Colonel in the Mexican war, and a General in the late war; a member of Congress, and Governor of Minnesota. David McDonald was admitted to practice. In 1837, Elisha M. Huntington appeared as President Judge. He remained on the bench only two years, and was appointed Judge of the District Court of the United States. George F. Watterman and William Smith were admitted to practice. The first case of John Doe vs. Richard Roe was instituted this year. These mythical parties adorned the court docket almost every term from 1837 until 1853, when they disappeared from the State under the practice adopted under the constitution adopted in 1852.

OTHER TERMS OF COURTS.

In 1838, Judge Levi Fellows again appeared as Associate Judge, to take the place of Judge Cole, whose term of office expired; Judge Cole lived to be quite an old man, but was not afterward an officer of the court. He was a soldier of the war of 1812, from Kentucky. In his native State he had been a leading, influential man in his county, and had served one term as Sheriff. He was a Baptist preacher. During this period, there is considerable confusion in the records as to who was Prosecuting Attorney. David McDonald seems to appear more frequently than any other, but Craven P. Hester, D. R. Eckela and others occasion- ally appear. Thomas J. Throop, George R. Gibson and Basil Champer were admitted to practice.

In 1839, David McDonald appeared as Judge, and continued in office as Judge until the close of the year 1852. John S. Watts appeared as Prosecuting Attorney, and continued four years. John R. Dizson, was Sheriff, and continued in office four years. He was remarkable for his gallantry toward the ladies, his kindness to children, and his general

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cleverness toward the people, with whom he was very popular. He be- longed to the " cornstalk militia," and had been promoted to the rank of Major, and was uniformly called Maj. Dixson. He was considerable of a stump speaker, but only a part of one of his speeches has been re- ported. It was delivered at Fairplay, near which place he had resided from the very earliest settlement of the county. It was as follows: " Fellow citizens: It has been circulated at the settlements of the county that I have not been in the county long enough to entitle me to the votes of the people. I am glad to meet so many of my fellow-citizens to-day, for there is not a man, woman or child in this settlement, but what knows I made the first cow track ever made by a white man on these prairies."

This speech was electrical. Such a charge against such a man was so preposterous that all parties in that settlement felt constrained to re- buke the calumniator, and they voted for and elected the gallant Major.

EMINENT LEGAL PRACTITIONERS.

This year, John S. Watts, Thomas H. Carson, Richard W. Thompson, George G. Dunn, Samuel H. Smydth, Samuel B. Gookins and Henry Secrest were admitted to practice-an array of able and distinguished men, most of whom filled places of trust and distinction. after this. Thomas H. Carson had just located at Bloomfield. He practiced law about ten years, and went to Kentucky from whence he came. While here, he held the office of Auditor one term. During the war, he served as an officer in the Union army. Samuel Howe Smydth was a very brilliant young man. He was sent to France as an officer of the Gov- ernment, and died there. Each of these men have relatives in Greene County. where the brother of one married the sister of the other. John S. Watts was afterward appointed Judge in New Mexico by President Fillmore, and remained there during his life. R. W. Thompson was afterward a Member of Congress, and was Secretary of the Navy in Pres- ident Hayes' Cabinet. George G. Dunn was afterward in Congress sev- eral terms, and was regarded as the greatest orator in Indiana. Henry Secrest achieved very high rank in his profession. Samuel B. Gookins was a lawyer and Judge of the highest grade. For a short time he was Judge on the Supreme Bench of Indiana. In 1840, no change occurred in the officers of the court. Elias S. Terry was the only attorney admitted to practice that year. He was located at Washington, Ind., at that time. He afterward was Judge of a circuit in the northern part of the State. He was a graduate of West Point, but resigned and devoted him- self to the practice of law. He was a man of fine ability. In what was called an " affair of honor" between George G. Dann and James Hughes, he acted as second for Mr. Dunn, while Maj. Livingston was second for Judge Hughes. The " affair of honor " was settled by the

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seconds in such a manner as to make it satisfactory and honorable to all parties, without the effusion of blood.

THE ROUSEZA 08.

In 1841, Lewis B. Edward and Joel B. Sexton appeared as Associate Judges, which was the only change in the officers of the court. Judge Edwards was one of the earliest settlers 'where Bloomfield now stands, and filled many offices of honor and trust. He was a printer and editor, and worked in the office of the Vincennes Sun, when that paper was first started, and at the time of his death was the oldest printer and editor liv. ing in the State. Judge Sexton was an early settler in that part of Bur- lingame Township, afterward formed into Center, and was long and fa- vorably known throughout the county. He held the office until the close of the year 1851. when it was abolished. He died in 1868. During the year, Richard H. Rousseau and Lovel H. Rousseau located at Bloomfield, and were admitted to practice law. They were both first-class lawyers. R. H. Rousseau served one term in the Legislature. L. H. Rousseau served two terms in the House and one in the Senate. He was Captain of the only company of soldiers raised in the county for the Mexican war, and was in the Second Indiana Regiment. He afterward achieved great distinction in the war of the rebellion, and was promoted to the rank of, . Major General. He served one term in Congress, and at the time of his death was Brigadier General in the regular army.

At the time at which R. H. Rousseau, familiarly and generally called Dick Rousseau, was admitted to practice, he and George G. Dunn, Basil Champer, Thomas H. Carson and the Hon. David McDonald, President Judge of the court, were each indicted by the grand jury for nuisance. The cases were continued one year, when all except the Judge were tried and found not guilty. John S. Watts was appointed special Judge to try the case against Judge McDonald, and the Prosecuting Attorney en- tered a nolle in that case.

WOMAN'S RIGHTS.

In that day there seems to have been some grave doubts about the status of women as persons in their relation to certain business positions. But the Hoosiers took a more liberal and sensible view of the question than Gov. Butler of Massachusetts has since taken. Sarah Smith applied to have the ferry across White River, near Worthington, re-established in her name. Some Ben Butler of an attorney sprung the question as to whether such a privilege could be extended to a woman. The case was held over until the next term for decision. At the next term, Mrs. Smith's case was pressed with great vigor by Maj. Livingston, and was resisted vigorously by L. H. Rousseau, on behalf of a man who wanted a ferry

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near by. To the honor of the officials of Greene County Mrs. Smith gained her cause.

Those who have read the history of the courts up to this time may remember that Ezekiel Herrington was the first man who divorced his wife in the county, and that in turn he was the first man against whom a divorce was granted. This year he is again brought into court on a complaint for a divorce. For two years he and his wife met only in strife, the case being continned from time to time for that period. They had a long struggle, but at last his wife came out victorious.

THE BLACK CREEK MILL DAM.

During this year (1841), an ad quod damnum case was commenced by Polly Skomp and Thomas Carrico, to establish a mill dam across Black Creek at a point near where the town of Marco now is. Livingston and Rousseaus appeared for applicants, and Dunn, Hester and Carson ap- peared for various parties who opposed it. A large number of cases grew out of this mill dam, and the dockets of the State were not entirely clear of them for thirteen years. Several parties were indicted for nuisance for establishing the dam, and one man was convicted and fined, but most of the State cases were nolled. The indictment for nuisance charged that the defendants had erected a dam seven feet high, and that the water in the dam covered 10,000 acres of land. A large body of men from between Marco and Linton tore out the dam on two different oooa. sions, if not more. Several were indicted for riot, and several suits for dam- ages were commenced. One suit against eighteen men hung in the courts for several years, and finally dropped out, probably without any record as to how it got out. One case was taken from the county on change of venue and was sent to Parke County. These additional attorneys, Usher and Terry, appeared on the mill dam side, and Gookins and Maxwell on the other side. In the meantime, Josiah Johnson married Mrs. Skomp and appeared as a plaintiff. There was a judgment rendered in this case in favor of plaintiffs for $200, and costs. There was an immense amount of costs in the various cases. In the last case alone the costs amounted to $774.33.

Up to 1841, no election returns are preserved, and no records of them kept, which renders it difficult to give the terms of office. In 1842, no change was made in the courts, and no attorney was admitted to practice. In 1843, William G. Quick was the only attorney admitted to practice, and he served as Prosecuting Attorney for two years. James Vanslyke appeared as Sheriff, having been elected the year before. He was a son of Peter C. Vanslyke, and came to the county in 1819. He was very popular with the people, and was re-elected at the expiration of his term, and held the office four years. This year, John R. Stone appeared as Probate Judge. He was an early settler in what is now known as Jack-

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son Township, and held many positions of trust in his township before he was elected Judge. During his judicial career, he had the reputation among the members of the bar of deciding his cases right. If a case was not clear he would take it under advisement, and think it over in a calm hour, and then he would almost uniformly decide the case correctly. He was one of our best citizens, and had one virtue in an eminent degree that many persons are sadly deficient in; he was true to his friends. Early in 1842, McHenry Dozier went into the Clerk's office as Deputy. His records are models of beauty and perfection, and are admired by all who see them, none others being equal to them. He enlisted as a soldier in 1846, in Capt. L. H. Rousseau's company in the Second Regiment of Indiana Voluntary Infantry, and was killed at the battle of Buena Vista in Mexico.

THE MURDER OF PHOEBE GRAVES.

On the 20th day of June, 1843, Phoebe Graves was murdered in the county. As to the fact of her being murdered there could be no doubt. She was murdered near a public road, and her body dragged some thirty or forty yards further, into a thicket of woods, and was laid out and cov- ered with sticks and brush. Only one person murdered her, and it was consummated, after a great struggle, as the tracks of the struggle were plainly visible, and the tracks of the murderer dragging her to the place of concealment, and the tracks fleeing from the scene of the crime. She was murdered in daylight, between 11 o'clock A. M. and 1 o'clock P. M., and it was done by breaking her neck. The strong probability was that it was done before 12 o'clock. Her body was found next morning before daylight, and an inquest was held on that day, at which hundreds of people attended. Suspicion rested upon three persons, and each of the suspected parties was required to put his foot in the track. (The track was of a bare foot). One person suspected was the brother-in-law'of the deceased (Peter C. Graves); but he came promptly to the track, and it did not fit him, and besides that, he could prove a clear alibi.

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History of Greene and Sullivan Counties, State of Indiana, Part 9

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

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