USA > Indiana > Jackson County > History of Jackson County, Indiana > Part 45
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At a special session of the county board, in August, 1862, held "for the purpose of taking action in regard to offering boun- ties for volunteers, making provision for the support of volun- teers' families, and to levy a tax to pay the same," it was ordered that $2,500 be, and the same is, hereby appropriated to be ex- pended by the several township trustees, under the same rules and regulations that apply in relation to the expenditures for the transient poor, for the benefit of the families of volunteers, in the service of the United States, or those who may hereafter volunteer; and that the sum of 3 cents be, and the same is hereby levied upon each $100 valuation of real estate and personal prop- erty for the year 1862, to pay the same.
At the December term, 1864, after the call of December 19, the county board offered a bounty of $300 to volunteers. But this was not to apply to any township that offered separate boun- ties, or in which individuals offered bounties. County bonds were to be issued to the amount of $50,000 to be paid in one, two and three years.
Under the provisions of an act passed by the Legislature, in March, 1865, there was apportioned to Jackson County, for the relief of soldiers' families, the sum of $35,721.68. The number of beneficiaries in the county was 4,421. This fund was known as the soldiers' relief fund, and was under the control of the
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county board. There was expended by the county for bounty and relief, the following:
Townships.
Bounty.
Bellef.
Driftwood
$3,000 00
$680 00
Grassy Fork
8,194 00
789 00
Brownstown
9,500 00
12,000 00
Washington
5,000 00
8,000 00
Jackson.
18,000 00
17,000 00
Redding
9,000 00
7,000 00
Vernon
3,000 00
8,000 00
Hamilton
8,000 00
6,000 00
Carr .
6,000 00
9,000 00
Owen
1,000 00
5,000 00
Salt Creek
8,000 00
Jackson County
29,572 41
Totals
$61.094 00 $106,085 41
This makes a total of $167,129.41 for bounty and relief raised by Jackson County. The small amount of bounty and large amount of relief is a favorable comment on the patriotism and generosity of the people of the county.
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HISTORY OF JACKSON COUNTY.
CHAPTER XVII.
BENCH AND BAR-FIRST COURTS-EARLY JUDGES AND ATTORNEYS- FIRST WRIT OF AD QUOD DAMNUM-CHARACTER OF ATTORNEYS- SLAVERY IN JACKSON COUNTY-EARLY ITEMS-SLANDER CASES- THE SUMNER TRIAL-FINDLY MURDER TRIAL-ASSOCIATE JUDGES -CHANGES UNDER THE NEW CONSTITUTION-LATER JUDGES-COM- MON PLEAS AND PROBATE COURTS-LIST OF ATTORNEYS, ETO.
T THE first session of the Jackson Circuit Court was held at Brownstown, and began on Monday, April 7, 1817. Hon. David Raymond was present as presiding judge, and Leonard C. Shewmaker and James McGee were his associates.
The first order of the court was one appointing Ebenezer MacDonald prosecuting attorney for Jackson County. The law- yers present at the opening of the court were Davis Floyd, Alex- ander A. Meek, John H. Thompson, William Hendricks, James R. E. Goodlett, Henry Stephens, Alexander R. Macey, Harben H. Moore, Charles Dewey, Reuben Kidder, Ebenezer MacDonald and John F. Ross. All of these were duly admitted to the bar, and besides these the record as at first made up contained the names of William R. Babbitt and Jeremiah Rowland, but for some reason now unknown they were marked off. The grand jury was then, as now, a requisite in the machinery for administering the criminal law. The persons who composed the grand jury at this term of the court were William Graham, Daniel Wood, Charles Crabb, John McCormick, Joshua Lindsey, John Rud- dick, Isaac Holman, Samuel Wheden, William Ruddick, Joseph Kitchell, Joseph Hiett, Solomon Cox, John McAfee, Henry Boas, John Empson, Stephen Sparks and James Trotter. After being charged from the bench they retired to consult of presentments
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and indictments. Charles Dewey was appointed to prosecute three State cases already on hand against Thomas Whitson, William Hill and James Heddy. The last of these was for horse stealing. The appearance of these cases already on the docket would lead to the conclusion that this was not the first session of the court in Jackson County. Indeed this seems quite probable, for the county had then been organized more than a year, and the courts were usually instituted soon after the county was regularly organized for business, and sometimes they were the first authority in the newly made counties, and through them the. machinery of the county was put in motion. If there was a prior court to this the records are entirely lost and there is nothing to tell of its existence.
The first trial shown by the records was one against John Berry for obstructing the highway. He was found " not guilty" by the following jury: William Flinn, John Ritter, Samuel Wil- son, William Williams, Elisha Herold, John McCormick, Jr., Thomas Kinworthy, William Lindsey, Joseph Cox, James Huche- son, John Parker and Peter Herrington; twelve good and lawful men. This was the first petit jury of the county. Adam Miller, Josiah Jenkins and John Milroy pleaded guilty to assault and battery, and were fined $8, $3 and $1 respectively.
Among a number of other indictments returned by the grand jury at this term, was one against John Berry, " for selling whisky to the Indians." At the following term the case was dismissed by the prosecuting attorney. This was a law that ought to have been rigidly enforced, for out of the traffic of whisky grew a large amount of the troubles with the red men in the earlier days of the country.
The first change of venue was granted at this term of the court in the cases of Thomas Whitson and William Hill, for horse stealing, and the causes were sent to Jefferson County. Robert Shield came into court and filed a libel against Elizabeth
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Shield, his wife, and prayed for a divorce from the bans of matri- mony. This was granted at the following term in July.
AD QUOD DAMNUM.
The first writ of ad quod damnum, was issued at this term, at the suit of John Berry and William Congleton. This was the course required in those days in order to establish a "mill seat," as it was called. Under it the sheriff of the county was directed to assemble a jury of twelve men at the place where the mill was desired to be built, and it was their duty to determine what, and if any, how much, damage would result to the land owners above the proposed site by erecting a dam across the stream. In the later days of steam these proceedings have been rendered almost foreign to our courts. At the close of this session of the court, Ebenezer McDonald was allowed $20, and Charles Dewey $15 for their service as prosecuting attorneys. The session lasted until Thursday, when court adjourned, "until court in course."
The second term began on the first Monday in July following, with the same officers as before. William R. Babbit, and Reuben W. Nelson, were admitted as attorneys and counsellors at law. Craven Hester was also admitted and appointed to prosecute cer- tain cases. The grand jury returned the following indictments: against John Lee, for selling whisky; Thomas Kinworthy, for adultery; John Spears, for selling whisky, and Thomas Whitson and William Hill, for larceny.
At the November term, 1817, Davis Floyd produced his com- mission as president judge of the Second Judicial Circuit. Eben- ezer McDonald resigned his place of prosecuting attorney, and in his stead Craven Hester was appointed. John N. Dunbar, Henry P. Thornton, Isaac Nailor, Peter Bruner, David Raymond and James Nash were admitted as attorneys at law. At the March term, 1818, Daniel J. Caswell, William Carpenter and John De- Pauw were admitted to practice as attorneys, and James Nash was
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appointed prosecuting attorney for the county. In October David Raymond was made prosecuting attorney. At that term John Berry was fined $100 for selling whisky to the Indians, but the payment was not to be demanded until further order of the court. The court recommended Berry to the governor's clemency, for the purpose of having the fine remitted.
To the people of the present generation, and since the aboli- tion of slavery, the following will be of interest: In August, 1819, the associate judges were called together at the court house by "a summons from Abraham Huff, Jr., a justice of the peace in and for said county, and being met, agreeable to the form of the statutes of this State, to prevent man-stealing, in a case of Lee White, claiming a certain negro slave, called Bill, whereupon came a jury, to-wit: William B. Ruggles, Abraham Huff, Jr., James Hutcheson, George Ely, James McTaggart, Alex. C. Craig Alvah Beacher, Robert C. Ford, John J. Read, Seth Ellis and . William Holman, twelve good and lawful men, who, being elected, tried and sworn, and after hearing the evidence retired from the bar to consult of and concerning their verdict, and some time after returned into court the following verdict, to-wit: 'We, the jury, find the negro, Bill, the property of Lee White. Alexander C. Craig, foreman.' Whereupon, it is considered by the court that the said Lee White is justly entitled to the negro man Bill, and that he be authorized to take him, the said negro, to the State of Kentucky." This was in the days when slavery was in its vigor throughout the South, and the whole policy of the country was not to destroy it. Several attempts were made to establish slavery on Indiana soil, but all alike failed. The strongest at- tempt of this kind was through the early custom of apprentice- ship. Negroes would be "bound out" as apprentices, and, in order to avoid the law prohibiting slavery, this custom was kept up after the negroes had reached the age of twenty-one. But under the constitution of 1816, when the State government was
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. formed, the Supreme Court decided that such a course of appren- ticeship was unlawful. Later there were several cases in this county, brought by negroes, to determine their freedom, and all proved successful unless they were fugitives from another State.
At a special session held in May, 1823, Hon. John F. Ross appeared and took his seat as president judge of the Jackson Circuit Court. His commission was signed by William Hendricks, as governor of the State, and it was to expire at the close of the next General Assembly of Indiana. In October following, he was given another commission, and at that time Associate Judges Leonard C. Shewmaker and James McGee, who had been on the bench since the organization of the county, were succeeded by Abel Findley and Jesse Rowland. One of the statements in the oath of office, for a judge of those days, was as follows: "That I have not, since the 1st day of January, 1819, either directly or indirectly, knowingly given, accepted or carried to any person, in or out of this State, a challenge to fight in single combat, with any deadly weapon, and that I will not knowingly give, accept or carry to any person, in or out of this State, a challenge to fight in single combat, with any deadly weapon, during my continuance in office." Jesse Rowland retired in April, 1827, when William Williams became associate judge. In March, 1830, Thomas Ewing and Mckinney Carter were commissioned as the associates, but in March, 1831, Carter was succeeded by Morgan Huff.
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CHARACTER OF EARLY JUDGES.
At the present day there is comparatively little known of the early judges and attorneys of the courts. The first judge, David Raymond, is said to have been a good lawyer, and a man well liked by his acquaintances. As a judge he was not in his proper sphere, as his kindness was too apt to be imposed upon by aggress- ive and unscrupulous attorneys. He owned property near Browns- town, and at one time contemplated making it his home. His
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associates were Leonard C. Shewmaker and James McGee, two prominent early settlers of the county, who were highly esteemed, and some of their descendants are still in the county. The office of associate judge was of but little use, other than to expedite business by having it well arranged for the president judge. Davis Floyd, who succeeded Judge Raymond upon the bench, was a man of peculiar make-up. He is said to have been a tall, dark-complexioned man, with a ready flow of speech and a heavy voice. He was perhaps one of the best lawyers of Indiana in his day, and very skillful in his management of a case in court. His influence with a jury was almost irresistible. On the bench he was successful, and became one of the most conspicuous men of the State. From 1800 to 1810, he was of considerable influence in dealing with the Indians. He joined the expedition of Aaron Burr, and was one of his most ardent admirers. At that time (1805) he was a member of the Territorial Legislature. He was to have been one of Burr's principal officers. He became judge of the Jackson Circuit Court in November, 1817, and continued upon the bench until May, 1823. In March, before his retire- ment, the grand jury of the county found an indictment against him and he at once retired from the bench. Later in life he became a judge in Florida.
The successor of Judge Floyd was Hon. John F. Ross, a man of considerable eminence as an advocate. He was bright, apt, adroit, persuasive, plausible, a good story-teller and conversation- alist, but was not a deep student of the law. Many of the cases appealed from his judgment to the supreme court were reversed up- on well established principles. He was a far better practitioner than a judge. His qualities gave great influence when advocat- ing a cause before a jury. He remained on the bench for several years and was succeeded by John H. Thompson.
EARLY ATTORNEYS.
The attorneys that were admitted to practice at the first ses-
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sion of the court were, without exception, among the ablest law- yers of the West in their time, and were the flower of the bar of southern Indiana. Meek was slow and deliberate, and went to the bottom of things. He was well read in the law but lacked that celerity, dash and audacity necessary to an eminent advocate. William Hendricks was a leading man in the State for many years. He was a member of Congress, governor of the State, and United States senator. James R. E. Goodlett was for forty years a leading lawyer of the southwestern portion of the State, and for thirteen years, from 1819 to 1832, was judge of the First Judi- cial Circuit. He lived for several years at Paoli, in Orange County, but later moved to Rockport, in Spencer County. He was rather fiery in temper, but in reaching his conclusions was slow, almost lethargic. He lacked the readiness required before a jury. As a judge he was too domineering to be liked by the bar. After re- tiring from the bench he obtained an extensive practice as a solicitor in chancery. Henry Stephens was a man of unusual talent and culture, and his advice was sought in nearly all cases involving large property interests. Charles Dewey was in many respects the ablest lawyer that ever practiced at the Jackson County bar. He, too, lived at Paoli, and later moved to Clarke County. He was a hard student and would, if necessary to gain his point with the court, cite scores of cases from all parts of the world, in all times, involving the principles the application of which he sought. He was a profound counsellor, and if his client's case possessed merit he knew it. His papers were models of strength, skill, pith and perspicuity. He was a large man, of fine physique, was solid and deep in debate, rather flashy and superficial, but he gave sufficient rhetorical color to his arguments to render them interesting to the dullest listener. He always ob- tained the closest attention of both court and jury. He was dig- nified, without stiffness; sociable, without familiarity; sarcastic, without bitterness, and, though an ardent Whig, applied himself
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solely and assiduously to the practice of the law. For many years he was one of the brightest ornaments on the supreme bench of the State.
Harbin H. Moore was a natural orator and full of fiery energy, and as an advocate was excelled by few, if any, that he met. He was brilliant, rather than profound; was quick at retort, adroit in debate, poetic in fancy, magnetic in manner, and was therefore a jury lawyer of the highest type. He became a candidate for Con- . gress, and for governor, but was beaten in both contests, in the latter by Governor Ray, in 1828.
CHARACTER OF JUDGE THOMPSON.
The March term, 1834, was the last of Judge Ross upon the Jackson County Bench. His death occurred early in the follow- ing summer, and at the September term John H. Thompson pre- sented his commission as presiding judge of the Second Judicial Circuit. It was signed by Gov. Noah Noble, and dated July 5, 1834. Judge Thompson remained upon the bench for several years. He was an excellent judge of the application of the prin- ciples of law or equity to the case in hand, and was not often reversed in the supreme court. It took a skillful lawyer to con- ceal from him, in the depths of conflicting evidence and argument, the actual principles involved. He unraveled the web or skein of the most complex or baffling case, and presented the legal and equitable points with a deliberate accuracy surprising to the law- yers. He was well educated, slow, deliberate, auburn-haired, tall, aristocratic, wore a wig, and was rather a poor pleader, as he lacked language, wit and forensic power. Politically he was a Whig, but took no active interest in politics.
INTERESTING EARLY ITEMS.
The office of prosecuting attorney was, in 1819, at the June term, filled by James Nash. The first case appealed to the supreme court was one entitled the State of Indiana vs. Jesse
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Durham, for gaming. Charles was employed in behalf of the State. It was affirmed at the March term, 1820. Early in 1820, James Braman became prosecuting attorney, and was succeeded in 1822, by Reuben W. Nelson, who was long a conspicuous attorney at the Jackson Bar. A nearly complete list of the prosecuting. attorneys from this time on is here given: Andrew C. Griffith, 1823; John Kingsbury, 1825; Milton Stapp, 1826; John H. Thompson, 1829; Charles Dewey, 1833; John W. Payne, 1838; Theodore I. Barnett, 1841; Henry P. Thornton, 1842; William A. Porter, 1843; Cyrus L. Dunham, 1845; Lyman Leslie, 1848; Samuel W. Smith, 1850; George A. Bicknell, 1851; Samuel W. Short, 1853; Patrick H. Jewett, 1854; Thomas M. Brown, 1855.
In 1819 the prison bounds were made to correspond with the town of Brownstown. One of the important features of the jails in those days was the debtor's prison. Imprisonment for debt was then allowed, and it was not infrequent that this sort of redress was resorted to by the unyielding creditor. As late as August, 1829, the grand jury reported that the debtor's jail was not sufficient, showing that the system was yet maintained in its rigor.
By a law of Congress, passed in 1819, all disabled and impover- ished Revolutionary soldiers were awarded a pension upon the proper application. The company, with its captain and the general, were to be given, with the battles engaged in, together with a'sched- ule of the property of the applicant. There was need of two witnesses, at least one of whom was to be a minister of the gospel. This sort of proof was to be sworn to before some court of record in the United States. In this county, George Kephart, John Spring, Michael Cotney, Charles Boyles, David Boyles, Asahel Phelps, Thomas Standage and Charles Hogan made application.
In 1821 Daniel Grant was appointed master in chancery for Jackson County, and in 1824, William Marshall and Andrew C. Griffith, were appointed to the same office. In 1820, publica-
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tion was made in the Toxsin, but where the Toxsin was published is beyond the present memory of man. Three years later the Indiana Farmer was published, and was the medium of publica- tion.
EARLY CASES.
The list of crimes that were brought into court during the three or four years of the county's organization, includes almost every crime and misdemeanor known to the criminal law. In 1821, James Reno was indicted for mayhem, and almost from that hour to this the name of Reno has been a source of mortification and ยท regret to the best citizens of the county. At that first trial he was found guilty.
In August, 1829, Thomas Whitson was tried for an assault and battery with intent to commit murder, but he was acquitted. It is astonishing to look over the court records of those early times and note the number of acquittals. A conviction was rarely brought around showing that either the grand or the petit jury was largely at fault. Which one it was is not for the present genera- tion to say. This was the same Thomas Whitson who figured in the first indictment found in the county for larceny. The larceny was only a simple case of horse-stealing. At that same term, in 1829, was begun the first suit for alimony. It was brought by Margaret Holt against her husband, Samuel Holt. Counterfeiting made its appearance about the same time. In the summer of 1829, the will of Enoch Magruder was recorded, and in it there were a lot of negro slaves disposed of; but the slaves were most likely in Kentucky.
It was about 1833 or 1834, that the German immigration to this county began. In March of the latter year, thirteen natives of Switzerland came into court and declared their intention to become citizens of the United States. From that time 'on the records are replete with naturalization matters. In March, 1836, James Reno was again at the bar of justice, to answer to the charge of arson, but after a long fight he was acquitted.
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THE CRENSHAW US. BENTON SLANDER CASE.
Perhaps one of the most interesting cases ever tried in Jack- son County, was the suit of William and Elizabeth Crenshaw, against Walter and Hetty Benton. This was brought to obtain damages for slanderous words spoken of Mrs. Crenshaw by Hetty Benton. The prominence of the parties to this suit, rendered it one of the most conspicuous. The ablest attorneys of Southern Indiana were employed in it. For the plaintiffs, were Andrew C. Griffith, Richard W. Thompson, Jeremiah Rowland and Henry P. Thornton. For defendants, John W. Payne seems to have appeared alone, but it is probable that he had assistance. He lived at Corydon and had a large practice in this county, and was considered one of the ablest lawyers of his time. After a bitter contest, the jury returned a verdict in favor of the plaint- iffs, and fixed the damages at $700. One half of this amount was at once assigned to the lawyers. This alone is a suggestive fact.
THE SUMNER MURDER TRIAL.
The first indictment for murder found by a Jackson County jury, was at the August term, 1840. It was drawn by John W. Payne, at that time prosecuting attorney, and charged that James Sumner, "not having the fear of God before his eyes, and at the instigation of the devil," killed his wife, Nancy Sumner, by beat- ing her with a hammer and choking her with his hands. This is about the substance charged in all the superfluity of legal lan- guage. A motion was made by the defendant for a change of venue, but that was denied by the associate judges, who ruled against the presiding judge. The attorneys for the defendant were Joseph Marshall, of Madison; John Kingsbury and Ezekiel L. Dunbar, of Brownstown. Marshall was one of the ablest men Indiana has ever produced; and the others were above the average of attorneys. The case came on for trial at the September term following, and after a four days' contest the only result was a
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disagreement of the jury. The evidence was almost entirely cir- cumstantial, and seems to have proved about the following facts: On the early morning of the death, Sumner and his wife had a quarrel, and were heard in loud talking. A woman's voice was heard to exclaim "O Lord! O Lord! O Lord!" and that was about all. The body was found in a well containing about seven feet of water, and expert testimony went to show that the body was dead before it was thrown into the water. These, with a few other facts, such as the conduct of the defendant and some of the state- ments, made up the bulk of the State's case. The defense tried to show that the woman was drowned, either by accident, or with the intent to commit suicide. The second trial occurred in February, 1841, with Theodore I. Barnett, attorney prosecuting. The jury at this trial was composed of the following men: Vandever Wray, Jesse Morris, George Stanfield, William Gobel, Samuel Nelson, John Hunsucker, Angus McPherson, William S. Ander- son, Leonard C. Shewmaker, John Tripp, Daniel Holmes and John B. Brown. This was the first jury that ever convicted a man of murder in the county. Sentence was passed on Sumner, and on the 7th of April he was "to be hung by the neck until he be dead." The case was appealed to the supreme court and there reversed, the decision being rendered by Isaac Blackford, one of the ablest of Indiana's early jurists. The ground upon which the case was reversed was, the refusal of the court below to instruct the jury that the defendant need not disprove circumstances proved before them, and that such failure to disprove on his part need not operate against him unless it be shown that he had the means in his power to disprove them. Was tried the third time in August, 1841, and again convicted, and sentenced to be hung on Thursday, October 7.
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