USA > Indiana > Jackson County > History of Jackson County, Indiana > Part 46
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THE EXECUTION.
This was the only legal execution ever held in Jackson County. It is said to have been well attended by the people of the ad-
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joining country. The scaffold was erected north of Brownstown, on the hill, not far from the present site of the residence of Wright Vermilya. It is said that the condemned maintained his innocence to the last. After the springing of the trap death soon came, and he was with the future where alone the absolute cer- tainty of the crime will be revealed.
THE FINDLEY MURDER TRIAL.
In the meantime, another murder case had arisen that was attracting considerable attention. At the February term, 1841, William Findley was indicted for the murder of Leroy Gilbert, by shooting him in the back of the head. He was tried at the same term and convicted by the following jury: Lewis Smith, Thomas Collins, William W. Peck, John Z. Russell, John Downing, James Fisler, Patrick Kernes, Henry Boaz, Riley Keller, John Weathers, Isaac Newkirk and James Johnson. This cause was also denied a change of venue, and the trial lasted five days. Findley was sentenced to be hung on the same day with Sumner. This too, was a case of purely circumstantial evidence, and it was reversed in the supreme court on exactly the same ground as that of Sumner. Again, in August, he was tried, found guilty, and sentenced to a term of seven years in the State's prison. In this case, Theodore I. Barnett was prosecuting attorney, and brought considerable vigor to the State's cause. He was an orator of more than usual ability, and his services were in good demand both in his profession and on the stump.
In February, 1845, Hon. William T. Otto succeeded Judge Thompson as president judge of the Second Judicial Circuit. He had been practicing at the Jackson County bar since 1838, and was a resident of Brownstown. As a lawyer he was not much above the average, but succeeded in acquiring a very good prac- tice in this and the adjoining counties. Soon after his promotion to the judgeship he moved to New Albany. He continued upon
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the bench until the organization of the courts under the new con- stitution. After that he was for several years in the employ of the Government in the Department of the Interior, and later was for some time clerk of the United States Supreme Court.
THE ASSOCIATE JUDGES.
Under the old constitution there were in each county associate judges whose duties seem to have been more ornamental than useful, and generally mere spectators at the bar of justice, with a somewhat exalted station. As already mentioned, Leonard C. Shewmaker and James McGee were the first to fill this position. The changes in this office down to March, 1831, are elsewhere given. At that time Thomas Ewing and Morgan Huff were asso- ciates upon the bench. The next change was in March, 1838, when Edwin H. Parsley and Eli W. Daily were the next in that office. In February, 1845, Judge Daily was succeeded by Andrew Robertson, and he in 1848 by Adam Miller. Parsley and Miller continued in this place until the adoption of the new constitution abolished the office, and the associate judge folded away his ermine for all time in Indiana.
THE CHANGE UNDER THE NEW CONSTITUTION.
The courts of Indiana were organized early in 1853, under the new constitution. The first one held in Jackson County began on the 28th of February, of that year, at which time Hon. George A. Bicknell appeared as sole judge of the second judicial circuit, and Samuel W. Short as prosecuting attorney. Comparatively little business was done at that term; most likely for the reason that the practice under the new system had not been thoroughly formulated. The present code practice in In- diana has been in operation since May 9, 1853. Under the old system many relics of the feudal time were still lingering. Sev- ยท eral of the fictions of the ancient common law were still retained, but under the new code the methods of pleading were much
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simplified and the fictions were all abolished. Thenceforth all actions were to be prosecuted and defended in the names of the real parties. It was at that time that the famous mythical per- sonages John Doe and Richard Roe were forever banished from the courts of Indiana. These were fictitious plaintiffs and de- fondants that were used in all actions to recover the possession of real property. They had been so long connected with the common . law practice, that the "memory of man runneth not to the con- trary." This common law action of ejectment originated about the beginning of the fourteenth century on account of "the thou- sand nicities with which real actions are harrassed and entangled." The readiness with which John Doe always came. forward to assert the alleged right of the man out of possession, and the equal promtness of Richard Roe to maintain that the man in possession was the lawful owner, were such as to command the devotion and sincere attachment of all true lovers of the old sys- tem. It was with deep regret that the old practitioners took leave of these knights errant of the common law. The alterations and modifications of the practice were such that many of the older lawyers never became reconciled to the change. They had stud- ied the common law in all its intricacies, and had learned to love it for its wisdom and its grandeur, and it was against the loud- est protestations that any part of it was pruned away. Some even went so far as to abandon the practice altogether, while others who continued in the profession never became reconciled to the change.
IMPORTANT CRIMINAL TRIALS.
In March, 1852, Daniel Maybe was indicted for the murder of John Quarmby. He was said to have done the killing December 10, 1851, by stabbing. Maybe escaped and was never tried. In August, 1852, James Sheridan was sent to the penitentiary two years for counterfeiting, and Ruel Stuart two years for an assault and battery. At that term the grand jury returned thirty-one
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indictments, showing that crime was not much on the decline. In August, 1853, Christopher Rose was indicted for the murder of his brother Henry. He was acquitted on the ground of insan- ity and sent to the insane asylum. At that same term an indict- ment was returned against Henry Redaker, for the murder of his father-in-law, John Driftmeyer. This case hung on for some two or three years. A change of venue was taken to Lawrence County, but he was finally tried in this county and convicted. A sentence of two years was imposed. The supreme court reversed the case, holding that the indictment ought to have been quashed. At the best only a case of manslaughter was made out, and upon a return to the county the statute of limitations intervened to pre- vent further prosecution. It is said the killing was probably jus- tifiable as a matter of self-defense.
: Patrick H. Jewett succeeded Short as prosecuting attorney in 1854, and one year later Thomas M. Brown filled the office. Un- der the new system of practice things went along smoothly and business was disposed of fully as rapidly as when there were three judges instead of one.
THE JUDGES.
Judge Bicknell continued on the bench until a change in the districts in 1873, thus making a continuous term of twenty years, the longest period ever served by judges of this county. As a man he was well liked and was popular. He ranked high as a judge. He has since been a member of Congress, and was one of the supreme court commissioners, in both of which positions he served with ability and distinction. For many years he has been a resident of New Albany. In April, 1873, he was suc- ceeded by Frank Emerson, of Brownstown, who had before then served as judge of the court of common pleas for nearly five years. He was appointed to the vacancy by Gov. Hendricks, and served until a successor was elected in November following.
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Judge Emerson is too well and favorably known in Jackson County to require extended notice here. He was admitted to practice at this bar in February, 1845, and not long after that he located at Brownstown, having made that his home ever since. He ranked among the best lawyers of the county. As a coun- sellor and adviser he was unsurpassed by any at the bar. He was a better judge than an advocate.
In November, 1873, Thomas C. Slaughter took his seat as circuit judge, and he continued to preside there until April, 1877, when the present judge, Thomas L. Collins, succeeded him. From that time to this Judge Collins has been guiding the course of justice with impartiality, and has constantly grown in public favor both as a judge and as a citizen.
THE COMMON PLEAS COURT.
The first court of common pleas in Jackson County began January 17, 1853. The Hon. J. R. E. Goodlett, who had been a leading attorney and judge of southern Indiana for forty years, was judge, and Samuel W. Smith was the district attorney. At its establishment the court of common pleas was given exclusive jurisdiction of probate matters, and the old probate courts were. abolished. This was another of the changes which the new prac- tice brought about. It had original jurisdiction of all that class of offenses which did not amount to a felony, except those over which justices of the peace had exclusive jurisdiction. State prosecutions were instituted by affidavits and information. Under certain restrictions this court had jurisdiction over felonies where the punishment could not be death, and in no case was the interven- tion of the grand jury necessary. In all civil cases, except for slan- der, libel, breach of marriage contract, action on official bond of any State or county officer, or where the title to real estate was involved, this court had concurrent jurisdiction with the circuit court, where the sum or damages due or demanded did not exceed
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$1,000, exclusive of interest and costs. It also had concurrent jurisdiction with justices of the peace, where the sum due or demanded exceeded $50. When the court was organized appeals could be taken from it to the circuit court, but that right was afterward abolished, but appeals could be taken to the supreme court, and its jurisdiction was from time to time enlarged. The clerk and sheriff of the county officiated in this court as well as in the circuit court, and the judge was ex officio judge of the court of conciliation. This last had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and battery and false imprisonment, and extended to questions of reconcilia- tion and compromise only. No, attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867.
OTHER JUDGES OF THE COMMON PLEAS.
Judge Goodlett remained as the chief of this court until Jan- uary, 1857. At that time Frank Emerson assumed the duties of com- mon pleas judge, which he continued to discharge until January, 1861. His successor was Ralph Applewhite, a citizen of Browns- town, who had been practicing at the Jackson County bar since the February term, 1854. He came to the county a young man, from Mississippi, and brought with him a large amount of the vim and lofty bearing of citizens of his native State. He soon took rank as a leading lawyer, and was more than usually succes- ful as an advocate. Judge Applewhite is yet one of the leading practitioners of the county. He resigned the judgeship in the summer of 1862 to enlist in the Federal army as a captain. The vacancy was filled by the appointment of Beattie McClelland, who continued on this bench until January, 1865. From that date to
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October, 1868, the position was filled by Jephtha D. New. Judge Emerson was his successor and held the office until the court was abolished, the last term being held in January, 1873.
PROBATE COURT.
The first record of a probate court in Jackson County is dated November 21, 1839, and Hon. Abel Findley was probate judge. Before that time the probate business had been disposed of mostly by the associate judges. This court had jurisdiction in all matters pertaining to the settlement of decedents' estates and to guardianships. In November, 1843, Samuel W. Tanner suc- ceeded Judge Findley upon the probate bench. After three years he retired, and in November, 1846, William Williams took his seat as probate judge. He continued in that capacity until the adoption of the new constitution, when the probate court was abolished.
The Jackson County bar has always been considered one of the ablest of Indiana. Besides those already mentioned the names of Jason B. Brown, Albert P. Charles, William K. Mar- shall, Byford E. Long and Bartholomew H. Burrell are conspicu- ous. As an advocate it is probable that Mr. Brown is the peer of any attorney in the State, with the boundary of which his fame is co-extensive. Below is given a nearly complete list of the attorneys as they were admitted to the bar of the county up to the year 1858. For various reasons it is almost impossible to bring the roll to a later date with anything like completeness.
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ATTORNEYS AND THE DATES OF THEIR ADMISSION.
Daniel Grant, March, 1819.
James R. Higgins, March, 1819. Charles I. Battell, March, 1819. James Morrison, March, 1819.
Hugh Ross, June, 1819.
John Kingsbury, October, 1819. James Braman, October, 1819. Daniel S. Bell, October, 1819.
Rawley Scott, October, 1820.
Daniel Grant, March, 1821. Isaac Howk. March, 1822. Seth Tucker, June, 1822. Andrew C. Griffith, March, 1823. James Dulane, March, 1823. Patrick G. Goode, March, 1823.
Jeremiah Sullivan, June, 1823. Michael G. Bright, October, 1823. Jesse De Pauw, September, 1824. Hugh Livingston, April, 1825. Milton Stapp, August, 1826. James F. D. Danier, August, 1826. Moses Gray, April, 1827. Henry S. Handy, April, 1827. J. W. Payne, April, 1827. John H. Farnham, August, 1827. George Lion, August, 1828. James H. Hughs, February, 1849. Robert H. Byers, February, 1849. Joseph Cox, August, 1850. William Smith, April, 1829. John H. Thompson, August, 1829. John H. Scott, August, 1829. William B. Hagins, March, 1851. Patrick H. Jewett, February, 1854. Joseph Marshall, March, 1830. William A. Bullock, March. 1830. Ralph Applewhite, February, 1854. William B. Staughter, September, 1830. John R. Hamilton, prior to Aug., 1854. William H. Hurst, prior to March, 1831. H. C. Dannettelle, February, 1855. Rawley Scott, March, 1832. N. F. Malott, August, 1855. Thomas M. Brown, August, 1855. John Taylor, September, 1833. Benjamin Bull, September, 1833. Martin Farris, October, 1855. R. W. Thompson, September, 1834. John M. Lewis, August, 1857. Samuel C. Wilson, September, 1836. Theodore Barnet, March, 1838. John P. Miller, 1852. Henry Collins, March, 1838. William Trulock. Attorneys John Baker. up to George Robertson, August, 1838. William T. Otto, August, 1838. Curtis Dunham. 1858. Daniel Kelso, August, 1838.
Josiah W. Robinson, August, 1838. William M. Dunn, February, 1839.
George G. Dunn, March, 1839. John S. Watts, August, 1839. James Collins, Jr., February, 1840. Allinson Andrews, August, 1840. Samuel W. Smith, February, 1841. David C. Rich, February, 1841. William Herrod, August, 1841. David B. Farmington, August. 1841. John Butler, August, 1841. John S. McDonald, August, 1841. Peter A. Roan, August, 1842. John J. Cummins, August, 1844. Daniel H. Long, August, 1844. Cyrus S. Dunham, August, 1844. Horatio C. Newcomb, August, 1844. George E. Tingle, February, 1845. George Mouson, February, 1845. Frederick Wise, February, 1845. Charles E. Walker, February, 1845. Frank Emerson, February, 1845. T. B. Kinder, February, 1846. Thomas P. Baldwin, August. 1846. George A. Bicknell, February, 1847. Lyman Leslie, February, 1848. N. T. Hausler, February, 1848.
Randall Crawford, about August, 1857.
John R. Hamilton, August, 1852.
G. C. W. Tanner, August, 1852.
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CHAPTER XVIII.
SCHOOLS - EARLY SCHOOLS AND LATE ONES OF EACH TOWNSHIP - EARLY TEACHERS-FAMILIES AND PATRONS OF SEVERAL DISTRICTS -THE SCHOOL EXAMINERS-COUNTY SUPERINTENDENTS-THE MAN- AGERS OF THE EARLY SCHOOL FUNDS-THE COUNTY SEMINARY, ETC.
TF we could look into the past and view the surroundings as they appeared seventy-five years ago-know the extreme poverty of the settlers, and their own lack of education, our surprise would be that they were able to give their children even a knowledge of reading and spelling. The teachers of that day were what we would now consider illiterate and their method irrational The book was not graded according to the development of the faculties, and the subject seldom treated in the order of importance or sequence. With all these disadvantages the schools kept pace with every other enterprise of a public nature, and, in 1814, before many of the settlers had comfortable log-huts to live in, we find Vallonia settlement with its school under the supervision of Heddy Gooding. This was the first school taught in Jack- son County. Gooding was a rigid disciplinarian and wielded the rod with great strength and earnestness, for which he received the praise of every patron. This was the great test of the teacher's qualifications, and if he failed in this he was regarded wholly incompetent. This school was taught in an old log-cabin, which answered the purpose of a schoolhouse for several years. The pupils who attended this school were John Carr, James Bur- cham, Empson Gooding, Josiah Shewmaker (the only one now living) and Nancy Gilbert. The last named had the distin- guished honor of being courted by the teacher, much to the mor- tification of the other belles of the settlement. Acquilla
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Rodgers succeeded Gooding and taught in the same house. The second house, in which school was taught, was at the site of the old White Church. This was a church and schoolhouse com- bined, and was the first for either purpose that was ever built in the county. John Buskey is said to have been the first to teach in the new house, Acquilla Rodgers second and a man by the name of Moore third. This house was used for school purposes for more than ten years when it was abandoned for a better one. The Rodgerses, Browns, Tuells, Isimingers, McCays and Court- neys attended this school. There are now six frame school build- ings in the township, the one at Vallonia being a township graded school building with two rooms. The estimated value of school property is $5,000. There was admitted into this town- ship school, in the year 1884, 121 male and 129 female pupils, with an average attendance of 177. The township expends annu- ally for the support of its schools about $4,000.
GRASSY FORK TOWNSHIP.
The settlers of this township, knowing the advantages of an education, were not slow in providing their children with the means of learning the rudiments of reading, writing, spelling and arithmetic, to the single rule of three, which at that day seemed to be the limit of every teacher's knowledge. The first were sub- scription schools, and the pay was to be in wheat, corn, venison hams, and sometimes a little money, with the further provision that the teacher should board among the scholars. The first to try his pedagogical skill on the firstborn of Grassy Fork Town- ship was a man by the name of Ellison. This school was kept in an old log house that stood near Hezekiah Applegate's. This house was provided with a dirt floor, puncheon seats and greased paper windows. It is said that the grease gave the paper its translucency. Hugh Moore succeeded Ellison, and next came James Martin. The first schoolhouse erected was on the land of
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David Sturgeon; the second on Congress land, now owned by Jacob Wascom, and the third near the old Smith place. The families that sent to these schools were the Burges, Tuells, Apple- gates, Carters, Smiths and Browns. The development was grad- ual, and at present the township employs eight teachers, at an average daily compensation of $2.10 each. The school property is valued at $3,500, with an annual expenditure of about $3,100.
BROWNSTOWN TOWNSHIP.
The first school taught in Brownstown was in the old log court house. The county commissioners gave the people the privilege of using the house, provided they would keep it in re- pair. In the year 1818 we find an order from the commissioners instructing the sheriff to prohibit any further use of the house until the provision of the original contract had been complied with. From this we are led to the conclusion that a school must have been taught .prior to 1818. The first school of which the writer was able to secure any trustworthy information was that taught by Mary Beton, afterward the wife of Dr. Ruggles, in 1820. The Murpheys, McCormicks, Congletons, and others, were the patrons of that school. The next teacher was Walter Benton, who, with that conscientiousness that characterized his actions through life, quit the profession because he believed himself in- competent. If every teacher in Indiana had that same scrupulous regard for the decisions of conscience, we doubt if the profession, even in this enlightened age, would be crowded.
School was held in the old log court house until about 1826, -when the house was converted into a church, and a small log schoolhouse built one square north of the court house on a lot owned by E. J. Wayman. A man by the name of Bragg was one of the first teachers. George H. Murphey taught in the same house a few years later. This house was succeeded by a frame building which stood near the old cemetery, and was used for
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school purposes until the building of the county seminary early in the forties. The location of the seminary at this point gave an impetus to the cause of education that resulted in great good. The building was bought by the township during the administra- tion of J. H. Burrell, as township trustee, and was the property of the township until 1870, when Brownstown extended its corpo- ration lines around it, and since then it has been the property of the town. The house is old and to some extent dilapidated, and ere long will have to be supplanted by a new one. Of many of the students that have gone forth from this school much could be said. Properly trained, both morally and mentally, they have discharged their duties as citizens both wisely and well. Under the supervision of Prof. Hattel, the present principal, the school has grown in popular favor, and is now one of the best systematized schools in the county. The annual apportionment of revenue for tuition purposes is about $1,500, and this, distributed among four teachers, shows an average annual compensation of less than $400 each. The following persons held the office of school trustee: Dr. Joseph B. Stillwell, Capt. Long, J. L. Kestler, William Fry- singer, D. A. Kochenour, J. H. Finley, James F. Applewhite and Frank Brannaman.
BROWNSTOWN TOWNSHIP.
Concerning the early history of the schools of Brownstown Township, but little is remembered. . In fact, there were but few schools at an early day. The settlers were scattered, and for sev- eral years after the first settlement there were not enough people in any one community to support a school ; besides, all persons, old or young, male or female, who had physical strength enough to labor, were compelled to take their part in the work of secur- ing a support ; the work of the female being as heavy and im- portant as that of the men. Taking these facts into considera- tion the wonder is that they were able to start the school as early as they did.
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It is doubtless true that there were schools taught in this township long before a schoolhouse was erected, but of these the writer was unable to get any reliable information except that of the school taught in an old mill-house that stood on the farm of James Hutchinson. The teacher was an Irishman, whose name has long since been forgotten, but it is said that he was a man of great ability. All the early settlers of that section patronized that school. The next school of which anything could be learned was that taught by Charnel Johnson some time in the twenties, in a log hut that stood near Abraham Miller. The Millers, Woodmanses, Johnsons and Weatherses were patrons of this school. The Wayman schoolhouse was built early in the thirties, and another in the southwest corner of the township on the farm of Stephen Fountain. The first schoolhouse in Ewing was built in 1861, and is now a part of the residence of Mr. Stillwell.
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