History of Hamilton County Indiana, her people, industries and institutions, Part 38

Author: John F. Haines
Publication date: 1915
Publisher:
Number of Pages: 1051

USA > Indiana > Hamilton County > History of Hamilton County Indiana, her people, industries and institutions > Part 38

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).

Judge Wick served as judge up to 1827 but at the April term, 1828, B.

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F. Morris succeeded Judge Wick. Whitcomb was prosecuting attorney and William S. Coe, sheriff, the associate justices and clerk being the same. John Finch and William C. Blackmore served as associate justices from 1823 to May, 1830, when they were succeeded by David Osborne and Joshua Cot- tingham.

Other cases at this term included two or three for assault and battery, one for adultery, two for rescuing a prisoner, two for riot, charges against several persons for running a game called wager, one case for slander and one of assignment of dower.

At the October term, suit was brought to quiet title by George Ketcham against Michael Brewitt and heirs. The plaintiffs were Indians and the de- fendants were French.

In November, 1830, Seth Bacon, who was then imprisoned as an insolv- ent debtor, applied to the court for relief under the insolvent debtor act. At this term the first indictment for a nuisance was found and returned by the grand jury.

At the April term, 1827, an indictment was returned by the grand jury against Lewis Heady for an assault with intent to murder. This was the first indictment for that offense.

For decades after the organization of the county, the business of the circuit court was comparatively of small volume. The population increased steadily but slowly. Great forests had to be cleared, transportation was dif- ficult and laborious, the people were poor and the trade carried on by the set- tlers was generally quite limited in scope and of little financial importance. As late as the fifties, indeed into the early sixties, only two terms a year of two weeks each of this court were held.

Under the first constitution, that of 1816, the circuit judges were ap- pointed upon joint ballot of the general assembly for a term of seven years, and were severally assigned to large circuits or districts, three for the entire state originally. This judicial officer was styled president judge, while in each county the voters elected two associate judges, who were not as a rule lawyers. The former was authorized to hold court alone or with only one associate and, in his absence, the two associates could conduct court and try all cases save capital and chancery. Associate judges were dispensed with in 1852. Lawyers in the last generation spoke in high praise of some of those pioneer circuit judges. There were: W. W. Wick, 1823-24; Bethuel F. Morris, 1825-34: W. W. Wick, 1835-38; James Morrison, 1839-41, Fabius M. Friech, 1842; W. J. Peaslee, 1843-49; Jeremiah Smith, 1850-51 : W. W. Wick, 1852; Stephen Major, 1853-58; Joseph S. Buckles, 1859-66; and H. A. Brouse, 1867.

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THE INFERIOR COURTS.

Prior to 1852 a considerable portion of local court matters was trans- acted by the county probate court, presided over by an elective judge. Not only estates and guardianships were within its jurisdiction, but a large class of civil litigation could be heard, and trials by jury held. When the new constitution was adopted in 1852, the probate court was abolished and the common pleas instituted, the latter continuing until 1873, when it also was abolished. Its jurisdiction included that of the probate court and consider- able more. The judge was elected for a district which often embraced quite a number of counties. The judges who presided over the common pleas court in Hamilton county were Earl S. Stone, a resident, Nathaniel R. Lins- day, of Howard county, John Green, of Tipton county, and William Garver, of Hamilton county, who served longer than any of the others. So it will be seen that these two inferior courts for a period of fifty-six years relieved the circuit court of much and very important business which since 1873 has been attended to solely by the latter.

RIDING CIRCUIT.

In the early period, attorneys who undertook to make their living by the practice of their profession, "rode the circuit," going from one county to an- other with the judge. They traveled horseback and carried saddle bags. Their coming was looked for by the people, for they were usually a bright and lively set, who added much to the interest and enjoyment of the back- woods life. During those times and for long afterwards, court sessions attracted many curious spectators. Citizens would attend to hear trials, to !listen to the arguments of counsel and to mingle with their neighbors as the occasions for diversion were not very numerous.

And those sturdy forefathers of ours dearly loved a fight. Not infre- quently long-drawn-out, costly lawsuits were waged over trivial disagree- ments which should have been settled without resort to the courts.

While the terms of the circuit and common pleas courts were short, another court which deserves passing mention, and which was open the year round, was that of justice of the peace. This minor tribunal through the years up to about the eighties, disposed of, in the aggregate, a vast amount of litigation which sometimes was of a good deal of importance. As a rule the men elected to that office were of strong and upright character, possessed of excellent judgment and clear common sense.

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A WAR-TIME INCIDENT.

It would be impossible, within the limits of this sketch, to mention all of the causes which arose above the ordinary litigation in the history of our circuit court. A small number will be noticed. The first one selected oc- curred during the Civil War. A Union man of the name of Harris residing in a rebel-sympathizing neighborhood in Kentucky, was set upon by a mob and in defending himself, killed one of them. He escaped to Indiana and took up his residence in Tipton county. A few years later his enemies found out where he was located and procured a warrant for his arrest. Two or three Kentuckians came to Howard county and secured the sheriff to go with them and take Harris, their intention and effort being to return him to his former home without obtaining a requisition from the governor of Indiana. Harris assured his neighbors that if they succeeded, his life would be for- feited. While the sheriff's party were waiting for a train at Tipton, some of Harris' friends sent a telegram to a county officer at Noblesville giving in- formation of what was on foot. A plan of action was at once formulated. There being no judge in the county at the time, the clerk and sheriff, under a provision of law, appointed Joel Stafford special judge, and local attor- neys hastily prepared a petition for a writ of habeas corpus, which was duly issued. When the train from the north arrived at the Noblesville station, it was met by a party of local men led by Elisha Mills, in company with the sheriff, and although a furious combat ensued and some blood flowed, Harris was rescued from the Kentucky gentlemen, produced before Judge Stafford, who found from the evidence that he was being deported without authority, discharged and set him free, no doubt thereby saving his life.

SOME OF THE EARLY JUDGES.

In 1868 when Hamilton and Madison counties composed the seventeenth judicial circuit, John Davis of Anderson was elected judge. In 1870, his health having failed until he was unable to attend to his judicial duties, he appointed Eli B. Goodykoontz, of the same city, to act as judge pro tem. at the March and September terms of the Hamilton circuit court. The illness of the regular judge having increased so that he became wholly incompetent, Gov. Conrad Baker in 1871 commissioned James O'Brien as judge of the cir- cuit during the disability of Davis. Afterwards, when Thomas A. Hendricks was governor, the Legislature having changed the circuit to the twenty- fourth, he appointed Winburn R. Pierce, of Anderson, judge pro tem., who filled out the remainder of Davis' term.

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Next came Judge Hervey Craven, of Pendleton, elected to serve six years His judicial career began in October, 1873. He had been a Union soldier and bore the military title of colonel. He was a man of courage, nerve and a sense of humor, withal a little whimsical. The dockets were loaded and he drove the lawyers like a taskmaster. Often court would open about daylight and run very late in the evening, indeed sometimes all night. Amusing stories are told of attorneys arising too late to get their breakfast, and it is related that the venerable Judge Stone came into the court room one morning eating a biscuit. On one occasion, at Anderson, the session continued throughout the night, and the court required counsel to make their arguments to the jury. One of the lawyers, now a United States senator, began his address saying, "Gentlemen of the jury, the crowing of chanticleer admonishes us that day is breaking." But it is said that the judge would adjourn to take part in a fox drive or at- tend a horse race. Nevertheless, he was popular. One of the most celebrated local murder cases went through two trials during his incumbency.

A CELEBRATED CASE.

On the night of November 16, 1873, at her country home between Cicero and Sheridan, a few miles north of Deming, Mrs. Lucetta Foulke, while sleeping between her two small children, was shot through the breast and mor- tally wounded. She lingered some hours, suffering intensely, until relieved by death. Her husband, Amasa J. Foulke, twenty-five years old, a short time after the crime was committed, called upon Dr. Amos Pettijohn, at Deming, to have 'a flesh wound in his forearm dressed and reported to the doctor and others that robbers had entered his home, shot and killed his wife, and that in contact with the criminals, he received the injury mentioned. A whirlwind of excitement swept the community and county, and crowds visited the cottage where the murdered wife and mother lay. Search was quickly made for the alleged robbers, but they were never found. Suspicion rested sternly upon the husband. He was indicted and tried, the jury returning a verdict of guilty with life imprisonment. Defendant made a motion for a new trial, which the court sustained. On the second hearing the public still manifested a deep interest and the old court house was thronged, although it was rumored that the building was in danger of falling down. At the end of a bitter contest the second jury acquitted Foulke. Public sentiment was divided, with probably the majority view against the defendant, and sharp complaint was made that the court's instructions were partial to him.

Another exciting legal contest which continued through a number of years was what were known to local fame as the Phillipi church cases. This

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was an organization of the Disciples in the country about three miles west of Cicero, supported by well-to-do farmers. A division or split occurred in the congregation. The antagonism became virulent, we might say almost un- christianlike. Each side claimed to be entitled to exercise authority and con- trol the church property. Neighbors were estranged and embittered and, in the end, this local center of communion and worship ceased to either edify or disturb the neighborhood, and the church was sold and converted into a dwell- ing.

THE NEW COURT HOUSE.

In October, 1879, Eli B. Goodykoontz succeeded to the circuit bench. He was a strict Presbyterian, a sound lawyer and gentleman of fine character, who carried himself with becoming dignity. Previous to his induction to office the old court house, following a prolonged battle between those for and those against building a new structure, the question having been at one time submitted by the county commissioners to a vote of the county, which showed a decided majority opposed, was finally removed and the handsome edifice now in use erected. The first term of court was held therein in 1879. While its construction was going on, court was held upstairs in a business block at the southeast corner of the square on the site now occupied by a dry goods store, the said block having been destroyed in a big fire about 1890.

Many cases of consequence, civil and criminal, received attention dur- ing the years Judge Goodykoontz presided. Gen. David Moss, of this county, was elected and began the discharge of the duties of judge October 19, 1885. Probably the trials which attracted the greatest number of spectators in his term were the Ford arson cases, which came to this court on change of venue from Madison county. The large flour mill of the Woodward Brothers, at Lapel, was burned one night in. 1886, and it was suspected that the conflagra- tion was started by an incendiary. Detectives were put on the job, and not long afterwards a young man gave a confession saying he had been hired to set the fire and implicated two of the Fords who were cousins. These, after a desperate defense, were convicted, one at the November and the other at the following February term, and served time in the state prison. The alleged motive was to get rid of a rival mill. Judge Moss was well along in years when he went upon the bench, and had certain opinions that were at variance with the views most prevalent at the time. Really, he anticipated the modern humanitarian laws, whose purpose is to aid in the reformation of criminals. In spite of protests and criticisms he went the full limit of his legal powers, in certain instances sometimes perhaps a little beyond. by "floating" prisoners,

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as it was called, who had pleaded guilty, in effect suspending sentence, believ- ing that society as well as the person charged would realize more benefit by such merciful action than by rigorously enforcing the penalty prescribed by statute. And it has been asserted that the course he pursued invariably brought good results.

CREATING A NEW CIRCUIT.

The era of natural gas in the two counties composing the twenty-fourth judicial circuit began in 1887, and the work of the courts as well as business generally grew considerably. Population, in Madison county especially, in- creased rapidly, and the separation of the counties into two circuits, which had been agitated for several years; culminated in 1889 when the Legislature constituted Madison county the fiftieth circuit and continued Hamilton county as the twenty-fourth.

In the autumn of 1889 Richard R. Stephenson, having been elected at the preceding general election, took up the duties of judge. Many cases of magnitude were tried before him, usually those in which most was involved coming on change of venue. The most notable of these was the celebrated McDonald will case. Joseph E. McDonald was a great lawyer, and for more than thirty years before his death was prominent in state and national pol- itics, having been United States senator from Indiana. He had married a second time and, it seems, had made a will. However, the instrument pro- bated in Marion county as his last will was contested by his son on the prin- cipal ground that it was a forgery, and was defended by his widow. Property of large value was involved and the standing of the parties concerned, the wide reputation of the deceased senator and the issues of serious import caused the trial to be fraught with tense dramatic interest. Many witnesses of prominence and culture, including handwriting and other experts brought from within and without the state, the brilliant and able fashion in which the case was managed and fought through several weeks, the nice questions of evidence passed upon, with reporters present assigned by Indianapolis and other newspapers, altogether made it truly a cause celebre. The jury found against the will.

A homicide case was heard in 1892, with an exceptional feature in that a woman was the defendant. Julia Sykes, of Westfield, was indicted for the murder of John Danforth. The tragedy took place one night. She was a widow with two small children, and had been annoyed at times, as claimed, by rowdies. On the fatal evening the victim, a clever fellow who would occa-

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sionally get intoxicated, passed by her house, which sat flush with the side- walk, on his way home. When he had reached a point about sixty feet from her door she fired two shots with a revolver out into the darkness, one of them striking him in the back, causing his death. The trial was exciting and drew large crowds. A verdict of manslaughter was returned by the jury, and she was sentenced to the State Prison for women. Later the governor extended her executive clemency on the condition that she should return to her native state of North Carolina.

At the general election of 1896 John F. Neal, one of the younger law- yers, was chosen as successor to Judge Stephenson. The latter, however, concluded to quit office about a month before the expiration of his term and tendered his resignation to the governor, to take effect September 20, 1897. Gov. James A. Mount commissioned Judge-elect Neal for the remainder of his predecessor's term. The court dockets were heavy, and so continued for years. Probably half or more of the time allotted for trials was occupied in trying eases sent here from other counties. The construction of interurban railroads added to the volume of litigation. At one time there seemed to be almost an epidemic of violent crimes, an unusual number of murder cases appearing upon the docket during the six years. Many night sessions were held.

THE FIRST LIFE SENTENCE.

A circumstance transpired in 1898 of historic importance. So far as we have been able to discover, in almost a century of the county's existence, no person had ever been judicially sentenced to be hung, nor had anyone been adjudged to suffer imprisonment for life until December 17, 1898, when Robert Love, twenty-seven years old, a mulatto and resident of Indianapolis, pleaded guilty in this court with consent of the State to murder in the second degree, and was sentenced for life to the northern prison, and afterwards died there. He shot his victim in a craps game.

The next was Frederick Kettlehake, of the capital city, who was known years before as the "polished bartender," but whose life had been wrecked by dissipation. Without any reasonable provocation he killed a worthy old merchant named Simons with a shotgun. The defense made for him was in- sanity, but the jury, in September, 1900, convicted him, fixing life imprison- ment as the penalty, and he went to prison.

At Arcadia, November 11, 1901, Claybourne C. Brown, an elderly man who had moved into the county a few years before, while in a drunken rage shot and killed Joseph A. Groves, a good citizen, and upon trial by jury and

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verdict of first-degree murder, Brown became the third example of the law's greatest punishment except capital, administered by the local court. He was sentenced June 27, 1902.

Another homicide case which stirred the people more than any other since the Foulke was that of William Fodrea. A young man named John Seay came to Noblesville from Virginia and took employment as night miller at the "Model Mill." He was held in high esteem by his friends. While attending to his duties late in the night of December 22, 1901, an assassin, who evi- dently stood on the steps or platform at the south side of the mill, fired at him with a shotgun, the load passing through a pane of glass in the window and striking the miller in the neck, killing him almost instantly. Suspicion fell upon Fodrea, who was also a young man, and he was indicted for the murder, his trial occurring in June following. A bit of romance figured in this case. The victim was betrothed to a young lady of the county seat, and the motive ascribed to the defendant was jealousy. Crowds came to the trial, local and Indianapolis newspapers gave much space to the evidence, while the popular sister of the accused, who sat constantly by his side, testified with magnetic fervor for her brother, and was regarded as a most appealing advocate. The jury acquitted.

A great case heard by the court upon law issues only with distinguished counsel representing all of the parties was entitled City of Indianapolis vs. Citizens' Street Railroad Company and City Railway Company. Some phases of the controversy had been in the supreme court of the state, the district federal court and the supreme court of the United States. Large property and franchise rights were involved.

Another, a suit for injunction, in which the same city sought to prevent a big natural gas company from carrying out its announced purpose of dis- continuing to furnish the fuel to its consumers on account of failing supply, deeply concerned its thousands of customers.

Probably mention should also be made of the Boone county court house case which interested all of the citizens of our neighboring county, in which feeling ran high, and at times was of a threatening character. The board of commissioners was enjoined from proceeding with their plan to build a new court house.

HEAVY TRIAL CALENDAR.

In 1901 the General Assembly, responding to the wishes of the court and bar, reduced the number of court terms from four to three, and provided that they should begin on the second Monday in January, the first Monday in

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April, and the first Monday in October. Each continues as long as the judge deems necessary.

Ira W. Christian came next in the succession to the circuit bench, his official term beginning October 19, 1903. A considerable volume of change of venue cases appeared upon his trial calendar. The interurban railroad went into operation, and this made Noblesville a very convenient place for lawyers and litigants of other counties on the traction line. They could come in the morning, attend court all day and return home in the evening. A large per cent. of this so-called foreign business was personal injury cases from In- dianapolis. A very sensational homicide case was that of the State vs. James W. Hensley. The defendant, who was a resident of the capital city, had been paying some attention to daughters in the family of Walker McClint- tock, who lived in White River township about two miles northeast of Straw- town. This was displeasing to the father. Hensley had been told to stay away. Nevertheless, on October 3, 1907, he went to the McClinttock home armed with a revolver. An altercation ensued between him and Walker Mc- Clinttock and son, Enoch, who it seems tried to put him out of the house. In the melee Hensley fired and killed both the father and son. The dreadful affair aroused great excitement in the neighborhood. But the jury's verdict was for manslaughter only.

The trial that doubtless consumed more time than any other in the history of this court was the cause in which Stevenson, receiver of a bank, was plaintiff, and John C. New, defendant. The litigation had been in various courts for about nineteen years. A heavy judgment was demanded. Promi- nent persons were connected with this long drawn out fight, the defendant himself having been consul-general to London, and the principal owner of the Indianapolis Journal. This trial lasted for about three months. The de- fendant won the jury's verdict. Hon. Dan Waugh, of Tipton, presided as special judge.

JUDGE MEADE VESTAL.

The present incumbent of the high office of circuit judge, Meade Vestal. entered upon the discharge of his judicial duties at the regular date in October, 1909. He has had to deal with the usual run of civil causes, a number of them of magnitude and difficulty and some grave criminal charges have been in- vestigated. The latter generally and naturally attract the most popular atten- tion. There is again occasion to record a most lamentable tragedy. A young couple, not far past the age of boyhood and girlhood, had wedded, disagreed and separated. The husband brooded and became morose. On June 5.

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19II, he left the house in Cicero, where he and his wife had lived, and went across the creek to the west to find her at her parents' home. They were seen together talking near the barn, when suddenly he drew a revolver and shot her to death. Then he went over to the other side of the road into an open field and discharged the weapon against his own head, but his hurt did not prove mortal. So Harry Hiatt was put upon his trial for the murder of Nellie May Hiatt. His defense was insanity. There were two trials; on the first the jury disagreed, but the second jury was not impressed with the defendant's plea, and a verdict of guilty with imprisonment for life was returned. He was the fourth man so sentenced in Hamilton county.

Another to have visited upon him this terrible punishment, and the fifth and last up to this writing, was Alonzo Henderson, a desperado of some note. During Judge Stephenson's term he was "sent north" for manslaughter, when his offense seems to have been first degree murder, but a tangle in the evi- dence helped him to get a light sentence. After his release from prison he was the chief actor in a running gun-fight with officers, which lasted two or three days and extended into several counties. Upon his last trial, under a charge of burglary and being an habitual criminal, he went back to the penitentiary with a sentence which it was supposed would keep him there the rest of his days. It was said he was the first criminal in the state to be given this penalty under the habitual criminal act.

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History of Hamilton County Indiana, her people, industries and institutions, Part 38

Author: John F. Haines Publication date: 1915 Publisher: Number of Pages: 1051

Author: John F. Haines
Publication date: 1915
Publisher:
Number of Pages: 1051