USA > Indiana > Knox County > History of Knox and Daviess Counties, Indiana : from the earliest time to the present; with biographical sketches, reminiscences, notes, etc. ; together with an extended history of the colonial days of Vincennes, and its progress down to the formation of the state government > Part 54
USA > Indiana > Daviess County > History of Knox and Daviess Counties, Indiana : from the earliest time to the present; with biographical sketches, reminiscences, notes, etc. ; together with an extended history of the colonial days of Vincennes, and its progress down to the formation of the state government > Part 54
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KIDNAPING.
There was a case of attempted kidnaping which deserves brief recital. It occurred in Washington about the summer of 1824, and on Sunday, when most of the people were out of town, some fishing, some hunting and some attending a large camp- meeting south of the village. The colored man's name was Sam. A family of McClures living near Vincennes claimed Sam as their property. Not daring themselves to come to Washington
602
HISTORY OF DAVIESS COUNTY.
on such an expedition, they engaged Richard Palmer to deliver Sam to them on the west bank of White River in Knox County. This " Uncle Dick " succeeded in doing, notwithstanding consid- erable opposition to his attempt. The McClures started with their property to St. Louis. On the second night, however, Sam slipped the rope which tied him, got away and returned triumph- antly on horseback to Washington, waving his old hat over his head in token of victory. Uncle Dick was prosecuted, and at- tempted no more kidnaping from that time on.
THE TOWNSHIP TRUSTEE WARRANTS.
One of the most colossal swindles ever attempted was that of R. B. Pollard and his associates and dupes indicated by the above caption. It consisted originally of the purchase by township school trustees of school furniture, apparatus and supplies, paying for them an exorbitant price in warrants upon the township. That is, it commenced by a stretch of authority or legitimate power. The first lawsuit that occurred in. Daviess County was that of John L. Dodson against Reeve School Township. Pre- vious to March, 1883, William G. Edwards, trustee of Reeve Township, gave two township warrants each for $274.50 in payment for eleven of the McBride tellurians. March 24, 1883, suit was brought on these warrants which were en- dorsed by R. B. Pollard, for the recovery of the money, by John L. Dodson. His attorneys were O'Neal & Hefron, those of the township Gardiner & Taylor. Gardiner & Taylor entered a demurrer to the complaint of Dodson, which was overruled by Judge Malott. An appeal was taken to the supreme court of the State, and by that court, on January 31, 1885, a decision was rendered reversing the decision of Judge Malott. Judge El- liott of the supreme court said: "A township trustee has no authority under the law to issue a note for the township by which the township can be held for payment on a promissory note, but only on an implied contract; and such a contract can not exist unless it is shown that the township received consideration for the notes."
It was held that the trustee of the school township is a special agent of very limited authority, that authority being
603
HISTORY OF DAVIESS COUNTY.
purely statutory in so far as concerns the financial affairs of the school corporation, and as this authority is prescribed by a pub- lic statute, all who deal with him are charged with a notice of the scope of his authority.
In view of subsequent developments this decision of the su- preme court seems almost providential, as upon it and in accord- ance therewith are based all subsequent decisions of inferior courts, and thus most of the counties of the State are saved from the most stupendous robbery.
These subsequent developments began to be made about the 1st of September, 1885. It became known and was announced through the columns of the local press that Charles H. Brown, trustee of Washington Township; John Grimsley, trustee of Steele Township; and John Clarke, trustee of Barr Township, had sud- denly disappeared. The rumor spread, and it soon became a set- tled conviction in the minds of the people that they had issued at a discount large amounts of township orders or warrants in payment for school furniture, and also in some cases probably without any consideration whatever. It was thought that Wash- ington Township had outstanding orders to the amount of nearly $100,000, and that each of the other townships had outstanding about $40,000. For a few weeks all was excitement, and the minds of the people, besides being shocked with the surprise and mortification caused by the commission of the crime, were filled with the gloomy foreboding of impending bankruptcy. This was before the decision of the supreme court was generally known, and before the public could realize its far-reaching appli- cation. R. B. Pollard, the genius of the swindling scheme, and all of the trustees were safe in Canada, that asylum of defaulting American bank cashiers and general rogues. Orders were heard of in all directions, and for very large amounts, in Washington, Seymour, Bedford, Cincinnati, Pittsburgh, Springfield, Ill., and Chicago. Large quantities of furniture had been shipped on these orders, and some of it was in Washington. A specimen of one of these orders is here presented:
TOWNSHIP ORDER.
STATE OF INDIANA, } DAVIESS COUNTY.
$1,000.
Washington Township, in the county and State aforesaid, will, on or before the 1st day of January, 1895, at the - Bank of Washington, pay to the
38
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HISTORY OF DAVIESS COUNTY.
order of -. one thousand dollars for school supplies, value received, waiving valuation and appraisement laws of the State of Indiana, with interest thereon at the rate of eight per cent per annum from the 1st day of August, 1885, until paid, and attorney's fees.
The undersigned, trustee of said township, hereby certifies that the aggregate amount of indebtedness hereby incurred on behalf of said township, does not exceed the funds now on hand, out of which the same is payable, and the amount of funds to be derived from the tax assessed against said township for the year in which said indebtedness is incurred.
Per CHARLES H. BROWN,
Trustee of Washington Township, Daviess Co., Ind. Dated at Washington, August 1, 1885.
A partial list of warrants is here introduced for the purpose of showing the industry of the trustees, and the facilities with which money could be made by them. The following were drawn by Charles H. Brown:
February 26, 1885, due in one year, an order for.
$812 00
February 26,
812 00
March 3,
. .
400 00
April 15,
787 50
April 15,
.‹
625 00
April 15, .
626 00
April 15,
625 00
May 21, =
..
715 30
May 21,
537 50
May 25,
1,008 00
Aggregating. $6,948 30
The following were issued by John Clarke:
February 28, 1885, due in one year, an order for $1,048 00
February 28,
1,048 00
April 15,
630 00
April 15,
624 00
April 15, ..
626 50
April 25,
512 60
May 14,
675 00
May 14,
762 50
May 28,
415 00
December 20, "
415 00
Aggregating. $7,016 60
The following were issued by John Grimsley:
March 10, 1884, one order for. $978 50
March 10, 1885, “ 755 50
Aggregating $1,734 00
As an illustration of the liberality of the township trustee .
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HISTORY OF DAVIESS COUNTY.
with the agent for the sale of school furniture, the following bill for school desks is introduced :
Fifteen school desks at $30. $450 00
Agent purchased some desks at $2.50. 37 50
Agent's profit $412 50
OPINION OF THE SUPREME COURT.
The feeling of despondency and gloom gradually disappeared as mist before the rising sun as knowledge of the decisions of the supreme and other courts became generally known. But as the decision of the supreme court merely sustained the demurrer of Gardiner & Taylor, the question as to whether the townships were not liable to at least the value of the furniture remained to be decided. On this point, however, Judge Bicknell, of the Mar- tin County Circuit Court, on or about November 15, 1885, ren- dered a decision in a case known as Henry Miller, administrator of John Miller, vs. Perry School Township, on demurrer to the
complaint which alleged that Kimberlin & Co. on the written ob- ligation of Joseph Cannon, trustee of Perry Township, delivered seven McBride Tellurians at the aggregate price of $385; that Kimberlin & Co. endorsed the obligation to John Miller and that Henry Miller was the plaintiff. The decision of Judge Bicknell was to the effect that the trustee while he has no express power to bind the school corporation, yet he has an implied power so to do that the township is liable, not upon the obligation given by the trustee, but upon the equities arising from the facts. Hence it is indispensable to aver that the goods purchased were neces- sary and of reasonable value. It is the reasonable value of neces- sary articles that is to be recovered in cases of this kind. In this way did the courts come to the relief of the people, and thus dis- pel the fear of impending general bankruptcy.
606
HISTORY OF DAVIESS COUNTY.
CHAPTER IV .*
PREPARED BY WESTON A. GOODSPEED.
ORGANIZATION OF DAVIESS COUNTY-ACT OF CREATION-LOCATION OF THE COUNTY SEAT-IMPORTANT PROCEEDINGS OF THE COUNTY BOARD -FORMATION OF TOWNSHIPS-PUBLIC BUILDINGS -COUNTY OFFICERS - MISCELLANEOUS EVENTS OF INTEREST-THE RAILWAYS AND THE CANAL -FINANCES -AGRICULTURAL SOCIETY - POPULA- TION-ELECTION RETURNS-THE PAUPERS.
T THE county of Daviess was originally a part of Knox County and remained so until the enactment of the following spe- cial law:
AN ACT FOR THE FORMATION OF A NEW COUNTY OUT OF THE COUNTY OF KNOX.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That from and after the 15th day of February next all that part of the county of Knox which is contained within the following boundary shall constitute and form a new county, viz .: Beginning at the forks of White River, running thence with the East Fork of White River to the mouth of Lick Creek; thence with said creek to the line of Orange County; thence north with the said line to where it strikes the West Branch of White River, thence down the said West Fork to the place of beginning.
SEC. 2. That said new county shall be known and designated by the name and style of the county of Daviess, and shall enjoy all the rights and privileges and jurisdictions which to a separate county do or may properly appertain or belong: Provided always, That all suits, pleas, plaints, actions and proceedings in law or equity which may have been commenced or instituted before the 15th day of February next, and are now pending within the said county of Knox, shall be prosecuted and determined in the same manner as if this act had not been passed : Provided, that all taxes of whatever nature or kind assessed or which may be assessed previous to the said 15th day of February, or now due, or which may become due before that time within the bounds of the said new county, shall be collected in the same manner and by the same officers as if the aforesaid new county had never been erected.
SEC. 3. That William Bruce and Henry Ruble, of the county of Knox; David Robb and William Barker, of the county of Gibson, and Thomas Fulton, of the county of Orange, be and they are hereby appointed commissioners to fix the seat of justice for said county of Daviess; and the several sheriffs of the counties of Knox, Gibson and Orange shall notify the said commissioners of their
*This county was named in honor of Capt. Joseph H. Daviess, who was killed early on the morning of the battle of Tippecanoe, November 7, 1811, while gallantly leading his company in a desperate charge.
607
HISTORY OF DAVIESS COUNTY.
said appointments; and the said sheriffs shall receive from the said county of Daviess so much as the county court of said county of Daviess shall decree, just and reasonable, who are hereby authorized to allow the same out of any moneys in the county treasury, not otherwise appropriated; and the said commissioners shall on the first Monday of March, next, meet at the house of Alexander Bruce, of said county, and shall immediately proceed to establish the seat of justice for said county of Daviess; and until suitable public buildings be erected, so as to accommodate the courts aforesaid, the said courts shall meet at the house of the said Alexander Bruce, and shall then adjourn the said court to the court house, after which time the said courts for the county of Daviess shall be holden at the county seat as aforesaid established; Provided, that the agent or person ap- pointed by law to lay off the town and sell-the lots at the seat of justice of the county of Daviess, shall reserve 10 per centum out of the proceeds of the sale of the town lots, and shall pay the same over to such person as shall be appointed to receive it by law, for the use of the public library for said county, in such in- stallments, and at such times as shall he prescribed by law.
SEC. 4. (Refers to Knox County.)
SEC. 5. That the said county of Daviess shall constitute and form a part of the representative and senatorial district for the county of Knox.
ISAAC BLACKFORD, Speaker of the House of Representatives. CHRISTOPHER HARRISON, President of the Senate.
Approved December 24, 1816. JONATHAN JENNINGS.
THE COUNTY SEAT.
It will be seen from the above that Daviess County, when first formed, comprised its present territory; all of Martin County, ex- cept that portion south of Lick Creek; all of Greene County east of the West Fork of White River, and all of Owen County east of the West Fork of White River. The northern limit of the county was then near Gosport, and the length of the county was about fifty-seven miles, and its greatest width about thirty-one miles. The formation of Greene County, in 1821, and Martin County, in 1820, cut Daviess County down to its present size. The com- missioners appointed by the Legislature to locate the seat of justice met pursuant to law, and after viewing several eligible sites, one or more of which was on the river south, finally selected Liverpool, a small village forming a portion of the present county seat-Washington. The governor commissioned Obed Flint sheriff, and authorized him to call an election in the county of the necessary officers, which election was held in February, 1817, William Ballow, John Aikman and Ephraim Thompson being elected county commissioners; William H. Routt and James G.
608
HISTORY OF DAVIESS COUNTY.
Read, associate judges; Emanuel Van Trees, clerk. There were donated to the county, in consideration of the location of the county seat at Liverpool, thirty-seven and a half acres by Emanuel Van Trees and thirty-two acres by Samuel Wilkins, all adjoining Liverpool, and now constituting much of the central, northern and eastern portions of the present seat of justice.
THE COUNTY BOARD.
The county commissioners above mentioned met pursuant to law at the house of Alexander Bruce. March 15, 1817. From the sheriff they received the report of the locating commissioners, fix- ing the county seat at Liverpool. Emanuel Van . Trees was ap- pointed to survey the land donated to the county, and delegated power to call such assistance as he might need. John Allen, Sr., 'was appointed county agent with bond at $20,000. On Tuesday, March 18, 1817, the survey of Washington was made by Mr. Van Trees and several assistants. At the May session, 1817, the county was divided into the following townships: Washington, Veal, Reeve and Perry. The latter constituted much of the pres- ent Martin County. The boundaries of these townships are so obscurely given in the commissioners' records that they will not be reproduced here. An election of the necessary township officers was ordered held in each of the four townships on the first Satur- day in June, 1817; in Washington, at the temporary log court- house; in Veal, at John Coleman's; in Reeve, at Martin Palmer's, and in Perry at Henry Hall's. William Palmer and another whose name could not be made out, were appointed constables of Washington Township; William Veal, the same for Veal Town- ship; John Davidson for Reeve, and William Hays for Perry. Fence viewers and overseers of the poor were appointed. Listers or assessors were selected for each township. Agents for the school sections (Sections 16) and road supervisors were also ap- pointed. Ebenezer Jones was appointed county treasurer, and was thus the first in the county. Emanuel Van, Trees served as county clerk. At the June session, 1817, a license of $12 was levied on all taverns in Liverpool except that of Mrs. Ogden, who, with all others in the county, were required to pay but $10 per annum. At all taverns the price of whisky was fixed at 122 cents
.
609
HISTORY OF DAVIESS COUNTY.
per half pint; wine, rum or brandy 50 cents per half pint; each meal 25 cents; each bed 123 cents; horse to hay and grain over- night, 37g cents. Kinman's and Reeder's ferries were licensed. A premium of $1 was offered for wolf scalps. Numerous roads were projected and " viewers " appointed. The following is quoted from the records concerning the tax levied: "On land one-half the rates that are payable to the States, and on negroes the same. For horses 373 cents per head as the law directs." Hawkins', Hall's and Sholts' ferries were licensed at $15 each per annum. Ferriage was fixed as follows: Loaded wagon and team, $1; stages or two-horse wagons, 623 cents; man and horse, 123 cents; man, 6} cents. At the June session, 1817, the con- tract for building a small court house was ordered sold to the low- est bidder. The clearing of the public square was also ordered sold. Six acres of the donation of Ephraim Thompson were sold January 1, 1818, to James G. Reed for $183. The last named man, who was one of the associate judges, was appointed to de- termine the market value of all money offered in payment of dues to the county. February 10, 1818, Mr. Reed was paid $1,087 .- 22 from the town-lot fund for building a substantial log jail for the county. Alexander Bruce was paid $13 for the use of a house in which the county board met during the year 1817. John McClure made chairs and tables for the board for $19.90. In May, 1818, a new court house was planned. It was designed to be a two-storied brick structure, 35x45 feet, the first story twelve feet high and the second ten feet. James G. Reed took the contract for $2,979. Henry Cruse probably did the wood work. The foundation was laid during the fall of 1818, and the house in the rough was completed by November, 1819, but for some reason not known the building was not finished suitable for occu- pancy until 1824. The contract for finishing the court house was sold to the lowest bidder that year, and the next spring the old temporary court house was sold at auction. So low were the finances of the county during the early history that many orders were carried from five to ten years by the holders, and in order to complete the court house it was found necessary to circulate a subscription list, by which means $106 .- 053 was realized. This was afterward paid back to the subscrib-
610
HISTORY OF DAVIESS COUNTY.
ers by the remission of an equal amount of tax. In May, 1819, preparations were made to build a new jail. It was to be built of logs, was to be 18x28 feet, two stories high, walls one foot thick, to contain a debtor's and a criminal's room, and was to be finished by December, 1819. The building was erected according to contract by Aaron Freeland and Jesse Purcell for about $1,010. The jail was built on the west end of the public square. Dennis Clark "cried" the sale of town lots and of the court house and jail contracts.
THE FORMATION OF TOWNSHIPS.
In May, 1819, a new township was laid off from Perry Town- ship, as follows: Beginning where Sections 2, 3, 10 and 11, Town- ship 2 north, Range 5 west, join; thence east to the East Fork of White River; thence up the same to the extremity of Daviess County; thence south to Lick Creek; thence with the county line to said river; thence across said river to the southeast corner of Section 3, Township 1 north, Range 5 west; thence north to the beginning. Elections were ordered held at Hindoostan, at the house of Frederick Shoults. Ezekiel Shoults was appointed in- spector; Thomas Evans and William Hays, constables. While the court house was being built, court was held in the house of Henry Cruse. Barr Township was formed in 1819, with nearly its pres- ent boundary. By November 10, 1819, the sale of town lots amounted to $5,741.95. Bogard Township was formed May 9, 1820. It comprised all of Daviess County north of Prairie Creek. Michael Robinson was appointed inspector, and elections were ordered held at his house. David Cowen was census taker of 1820. Richland Township was formed May 9, 1820, and com- prised "all the territory north and east of the first creek above Owl Prairie to Monroe, Owen and Sullivan Counties"-the larger part of what is now Greene County. August 13, 1821, Elmore Township was formed out of Bogard, and comprised all of the county north of the east and west line, one mile south of the line dividing Townships 4 and 5. Samuel Doty was appointed inspector, and elections were fixed at James Robinson's. In 1823 the south line of Elmore was removed one mile north. All west of Prairie Creek was attached to Washington Township in 1823.
611
HISTORY OF DAVIESS COUNTY.
In September, 1824, the board of justices succeeded the board of commissioners. In May, 1825, McCammon Township was formed as follows: Township 5 north, Ranges 3 and 4 west. These two congressional townships had been temporarily attached to Daviess County by the State Legislature. William McCam- mon, Jr., was appointed inspector of elections for the new town- ship. In 1825 a change was made in the boundary between Bogard and Elmore Townships. The old, temporary court house was bought by George H. Routt. At this time the townships of the county were Washington, Veal, Reeve, Barr, Bogard, El- more and McCammon. Robert Oliver built a " pound" January, 1828. In January, 1830, the contract for building a new jail, in place of the one just burned, was advertised, and finally sold to James Whitehead for $398.873. It was to be of the same size and style as the one burned. It was finished in November, 1830, and was of logs, and was 18x28 feet. In May, 1831, the county, pursuant to law, was laid out into three commissioners' districts, and in September of the same year a newly-elected board of commissioners succeeded the board of justices. In 1832 the clerk's room in the court house was pronounced in too bad a condition for the safety of the records, and the clerk was instructed to secure in the town a suitable office. In May, 1832, all of Elmore Township east of the line dividing Ranges 5 and 6 was set off as a new township, called Wallace. It was the present Madison Township. Elections were ordered held at the house of William Farris. The county library at this time was an impor- tant institution. It was extensively patronized.
MISCELLANEOUS COUNTY AFFAIRS.
In November, 1832, George Roddick was appointed 3 per cent commissioner, and a year later George Honey was appointed school commissioner. In 1834 John Van Tress was authorized to make a county map. McCammon Township disappeared about this time. In May, 1835, the county was re-divided into town- ships ( Washington, Veal, Reeve, Barr, Bogard, Elmore and Wal- lace) and road districts. September 7, 1835, Steele Township was formed out of the western portions of Elmore and Bogard. The boundary was about the same as at present. September . 8,
612
HISTORY OF DAVIESS COUNTY.
1835, upon petition, the name of Wallace Township was changed to Madison. The following is quoted from the record of 1836: "Ordered, That Thomas Horrall be paid one dollar for a dear skin to cover the index in the Recorder's office." It is probable, judging by the way "dear" is spelled and emphasized, that $1 was too expensive for the skin of a deer. April, 1837, William C. Berry was appointed surplus revenue agent; James Carnahan was made school commissioner in May, 1840; W. L. Mccutchen was made surplus revenue agent. In September, 1841, upon the petition of a number of citizens represented by Henry O'Neil, a new township, co-extensive with Township 4 north, Range 5 west, was laid off from Madison and Barr, and named Van Buren. Elections were fixed at the house of Francis Williams. In Sep- tember, 1842, the board of justices was again succeeded by the board of commissioners. In September, 1837, county advertis- ing was done in the Washington Philanthropist, and in 1841 in The Harrisonian, and in 1842 in The Hoosier.
THE COURT HOUSE OF 1841.
In January, 1835, John Murphy, George Roddick, Daniel Mc- Donald, George A. Waller, Barton Peck, James Whitehead and John Van Trees were appointed a committee to report upon the advisability of building a new court house. The old one, com- pleted early in the twenties, was already unfit for the preservation of the records. The committee reported favorably, and John Van Trees, Barton Peck and James Braze were appointed in May, 1836, to superintend the work; and advertisements were ordered, calling for bids for the contract, the necessary plan's and specifi- cations having been prepared. The work was delayed. In Sep- tember, 1837, advertisements were ordered inserted in the Wash- ington Philanthropist only, calling for bids from contractors. In November, 1837, the committee was ordered to proceed with the work, and was authorized to borrow $1,000 or $1,500. The con- tract of constructing the building was let to Lewis Jones, who undertook the brick and stone work. The wood work was let to Whitehead & Berry. Mr. Jones complied with his contract, fin- ishing by November, 1838, and was paid a total of $3,776.25. The committee had borrowed of James G. Reed $1,000 at 10 per
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