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 56
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 56
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624
HISTORY OF DAVIESS COUNTY.
220.31. In January, 1864, the old poor farm having become too small for the use of the county, was ordered sold and a new one purchased. Thomas Cunningham bought the old one for $1,000. One hundred acres on Location 202, Township 3 north, Range 7 west, were bought of John MeCorey for $3,500. John Hyatt, Dr. G. G. Barton and R. A. Clements were appointed to superintend the erection of a brick asylum on the new farm. There not being sufficient ready funds, the board issued one $1,000 bond, twenty $50 bonds and twenty $100 bonds, in all $4,000, to raise means to meet the unexpected expense. The bonds were payable in one year. Only $2,550 of the bonds were sold. A little later, in 1864, the board bought of Richard N. Reed 62.68 acres on Sec- tion 13, Township 3 north, Range 7 west, for $877.52, to be used as an addition to the farm. W. R. Baker was poor superintend- ent in 1866, William M. Seal in 1867, W. S. Meredith in 1868 and John V. Spalding in 1869. The new poor asylum was built in 1866 by Reason Cunningham, and cost $11,817.28. It is a substantial two-story brick structure, a credit to the county. In December, 1869, the board bought of John Maher for $2,452.40, 61.31 acres adjoining the poor farm, and in March, 1870 bought 21 acres for $1,500, also adjoining the same, of Thomas Coleman. In March, 1874, six and a half acres of the poor-farm were sold to William Halphenstine for $260. The poor and poor asylum expense for 1869-70 was $3,079.96. John V. Spalding served as superintendent continuously from 1869 to 1877, and was then succeeded by W. M. Seal, who served till 1879, and was then succeeded by John V. Spald- ing. The price paid the superintendent per annum varied from $400 to $500. The poor of 1874-75 cost $2,742.57, and the asylum cost $1,574.95. The poor of 1879-80 cost $2,914.55, and the asylum cost $1,956.07. Mr. Spalding has served since 1879 continuously as superintendent. He is paid $900 for two years. In March, 1881, the board bought of Ellen Fitzpatrick twenty- five acres adjoining the poor-farm for $875. The poor of 1884-85 cost $3,894.91, and the asylum $1,879.55.
AGRICULTURAL SOCIETY.
The Dariess County Agricultural, Mineral, Mechanical and Industrial Association .- Articles of association were adopted by
625
HISTORY OF DAVIESS COUNTY.
this organization in May, 1884. In these articles the objects of the association were set forth as being the encouragement, pro- motion and improvement of the agricultural, horticultural, me- chanical, mining, manufacturing and industrial interests of Daviess County. The capital stock of the association was fixed at $10,000, each share being $10. There were to be thirty direc- tors. The first meeting of the stockholders was held June 14, 1884, for the purpose of electing officers. The election resulted as follows: Zack Jones, president; Henry Walter, vice-president; Charles W. Thomas, treasurer, and Ed F. Meredith, secretary. The first annual fair was held on the association's beautiful grounds, two squares west of the court house, from October 6 to 11, inclusive. The grounds consist of forty acres of land, with a magnificent grove and an abundance of pure water, and one of the finest one-half mile race tracks in the State. Exhibits for premiums were divided into thirty-nine classes, the last class con- sisting of essays on various topics.
The officers elected at the annual meeting held on the last Satur- day of October, 1884, were as follows: Henry Aikman, president; A. M. Johnson, vice-president; Charles Thomas, treasurer; Austin F. Cabel, secretary; T. B. Graham, Jr., assistant secretary ; F. A. Ward, marshal; Lloyd Clark, superintendent of stalls, and Miss Mary Clements, secretary of the ladies' department of floral hall. Under their management the second annual fair was held from October 5 to 10 (inclusive), 1885, and was a very gratifying suc- cess, the receipts being $1,200 over and above the amount of premiums. The exhibits were divided this year into forty-six classes, the last class consisting of essays as in the previous year.
About the year 1854-55 an agricultural society was organized in the county, and annual fairs were held under promising cir- cumstances until the war came on and diverted public interest and attention.
COUNTY COMMISSIONERS.
William Ballow, John Aikman and Ephraim Thompson, 1817; James C. Veal, 1821, vice Thompson; William Wallace, 1822, vice Aikman; Joseph Brown, 1823, vice Ballow; J. C. Veal, 1824. In September, 1824, the justices of the peace of the county took control of county business, and so continued until 1831. The
626
HISTORY OF DAVIESS COUNTY.
first board of justices was as follows: Samuel Smith, Stephen Masters, George H. Routt, Joseph Hays, Joseph Brown, Thomas Morgan, C. F. Wells, John Shercliff, Thomas Horrall and Amos Rogers. The board of commissioners succeeded the justices, in September, 1824, the first being Samuel J. Kelso, Jacob D. Crabs and Alexander English, 1831; Joseph Brown, 1832, vice English; J. D. Crabs, 1833; Benjamin Goodwin, 1834, vice Kelso; Alex- ander English, 1835, vice Brown; John W. Horrall, November, 1835, vice Crabs, resigned. In September, 1836, the board of justices again succeeded the commissioners, but the latter-Hiram Palmer, James P. McGauhy and Charles D. Morgan-took charge in 1842; John D. McClusky, 1844, vice MeGauhy; Hamlet San- ford, 1845, vice Palmer; J. P. McGauhy, 1845, vice McClusky, resigned; William H. Houghton and John Lester, 1846, vice Mc- Gauhy and Morgan; Henry Taylor, 1847, vice Lester; John English, 1847, vice Sanford, resigned; David M. Hixson, 1848, rice English; W. H. Houghton, 1849; W. H. Wells, 1850, vice. Taylor; William McCormick, 1851, vice Hixson; J. C. Steen, 1852, vice Houghton; H. K. Brown, June, 1853, vice Wells, de- ceased; H. K. Brown elected September, 1853; William Mc- Cormick, 1854; J. C. Steen, 1855; H. K. Brown, 1856; Bazzel Liles, June, 1857, vice Brown, removed; Richard B. Dobbyn, 1857, vice McCormick; Thomas McCracken, 1858, vice Steen; Owen O'Donald, March, 1859, vice Liles, resigned; Jacob C. Dil- lon, 1859, vice O'Donald; David Solomon, 1860, vice Dobbyn; Thomas McCracken, 1861; Jacob C. Dillon, 1862; John McCory, 1863, vice Solomon; William Seals, 1864, vice McCracken; Will- iam T. Dickinson, 1865, vice Dillon; Stephen D. Wright, 1865, vice McCory, removed from the county; S. D. Wright, 1866, elected; William Kline, 1867, vice Seals; John Ferguson, 1868, vice Dickinson; S. D. Wright, 1869; Elliott Chappell and Peter Honey, 1870, vice Kline and Wright; John Ferguson, 1871; Peter Honey, 1873; William Kline, 1873, vice Chappell; William Boyd, 1874, vice Ferguson; John F. Franklin and John R. Wed- ding, 1876, rice Honey and Kline; J. M. Boyd, 1877; Peter Honey and William Kline, 1879, vice Franklin and Wedding; John Clark, 1880, vice Boyd; John Fanning and Francis Zinkans, 1882, vice Honey and Kline; John Clark, 1883.
627
HISTORY OF DAVIESS COUNTY.
Clerks .- John Van Trees, 1817-57; John S. Berkshire, 1857- 63; Mike Murphy, 1863-70; George Walters, 1870-78; Joseph Wilson, 1878-82; Joseph J. Lacey, 1882-86, incumbent.
Recorders .- J. H. McDonald, 1824-29; J. Calhoun, 1829- 36; John M. Waller, 1836-40; John Hyatt, 1840-47; John S. Berkshire, 1847-54; William R. Berkshire, 1854-62; Enoch Bar- ton, 1862-70; A. J. Smiley, 1870-78; Solomon Williams, 1878- 82; John H. Kidwell, 1882-86, incumbent.
Sheriffs .- George A. Waller, 1824-26; Richard Palmer, 1826- 31; George A. Waller, 1831-35; Robert Raper, 1835-38; An- drew Martin, 1838-40; F. Wilhite, 1840-43; B. Goodwin, 1843- 47; R. B. Sutton, 1847-51; B. Goodwin, 1851-54; Isaac W. Mc- Cormack, 1854-56; B. Goodwin, 1856-60; Joseph Brown, 1860- 62; Michael Nash, 1862-64; Isaac W. McCormack, 1864-68; James M. Graves, 1868-72; Isaac W. McCormack, 1872-76; N. G. Read, 1876-78; Zachariah Jones, 1878-80; Francis A. Ward, 1880-84; John A. Bair, 1884-86, incumbent.
Auditors .- M. L. Brett, 1845-59; R. N. Read, 1859-67; N. G. Read, 1867-74; T. J. Lavelle, 1874-82; James C. Lavelle, 1882- 86, incumbent.
Treasurers .- Abraham Perkins, 1852-54; John Thompson, 1854-56; William Sanford, 1856-60; B. Goodwin, 1860-64; William Sanford, 1864-67; George W. McCafferty, 1867-70; William Kennedy, 1870-74; John B. Spaulding, 1874-78; H. C. B -- , 1878-82; R. H. Greenwood, 1882-86, incumbent .*
Surveyors .- W. H. Root, 1824-52; John P. Agan, 1852-56; John Cassidy, 1856-60; J. C. Spink, 1860-62; W. P. Boyden, 1862-66; William Shanks, 1866-68; D. H. Kennedy, 1868-72; William Shanks, 1872-76; T. J. Smiley, 1876-86.
Coroners .- Joseph Daugherty, 18- - 1826; P. Blackburn, 1826-31; Joseph Daugherty, 1831-39; Samuel A. Rodarmel, 1839-41; Thomas Brown, 1841-45; Joseph Daugherty, 1845-49; J. D. Tremor, 1849-51; James Martin, 1851-52; B. F. Meredith, 1852-54; T. P. Van Trees, 1854-56; A. G. Williams, 1856-57; Thomas Brown, 1857-60; James Solomon, 1860-62; W. T. Mor- gan, 1862-64; W. E. Hopkins, 1864-66; Angust Kauffman, 1866-68; John Stevens, 1868-70; D. R. Agan, 1870-74;
*For the names of the early treasurers see ante in this chapter. .
628
HISTORY OF DAVIESS COUNTY.
Warren Hart, 1874-76; Elias Grace, 1876-80; Jesse Winterbot- tom, 1880-84; W. C. Slater, 1884-86.
Senators .- William Polke, 1817-21, with Knox and Sullivan Counties; Frederick Sholtz, 1821-25, with Knox, Sullivan and Greene; John Ewing, 1825-33, William Wallace, 1833-34, with Knox, Sullivan, Vigo and Owen; Henry M. Shaw, 1835-36, Thomas C. Moore, 1836-39, Robert N. Carman, 1839-41, with Knox and Martin; Abner M. Davis, 1841-44, Elijah Chapman, 1844-46, Richard A. Clements, 1846-47, Aaron Houghton, 1847-50, Will- iam E. Niblack, 1850-51, with Martin; William E. Niblack, 1851 -52, G. G. Barton, 1853, John P. Freeland, 1855-57, with Knox and Martin; James D. Williams, 1859-67, and 1871-73, W. S. Turner, 1867-69, with Knox; Andrew Humphreys, 1875, David J. Hefron, 1877-83, J. P. McIntosh, 1883-87, with Greene.
Representatives .- James G. Reed, 1821, with Martin County; William H. Routt, 1822-23, with Martin County; James G. Reed, 1823-24, with Martin County; William Wallace, 1825, with Martin County ; William Wallace, 1825-26, with Martin County; James G. Reed, 1826 to 1831-32, with Martin County; William Wallace, 1831-32, with Martin County; Erasmus McJunkin, 1832, with Martin County ; William Wallace, 1832-33, with Martin County; David McDonald, 1833-34, with Martin County; Patrick M. Brett, 1834-35, with Martin County; Josiah Culbertson, 1834-35, with Martin County ; Lewis Jones, 1835-36, with Martin County; James Breeze, 1836 -37, Abner M. Davis, 1837-38, with Martin; John Flint, 1838-39; John Flint, 1838-40, with Martin County; Samuel H. Smydth, 1840-41; Richard A. Clements, 1841-42; Richards A. Clements, 1842-43; Silas T. Halbert, 1843-44, with Martin County; James P. McGawhey, 1844-45; Richard A. Clements, 1845-46, with Martin County; Zachariah Walker, 1846-47, with Martin County ; Elias S. Terry, 1847-48; Benjamin Goodwin, 1848-49, with Martin; Benjamin Goodwin, 1849-50; Benjamin Goodwin, 1850- 51, with Martin County; John Scudder, 1851-52; Rowland Sut- ton, 1853; James H. McConnell, 1855; T. A. Slicer, 1857; Richard A. Clements, Jr. 1859; Matthew L. Brett, 1861; Noah S. Given, 1863; Howard Crook, 1865; John H. O'Neil, 1867; John Hyatt, 1869; Robert Haynes, 1871; Matthew L. Brett, 1873;
629
HISTORY OF DAVIESS COUNTY.
Harvey Taylor, 1875; Patrick H. McCarty, 1877; Samuel H. Taylor, 1879; Clement Lee, 1881; Harman Woodling, 1883; Samuel H. Taylor, 1885 .-
CHAPTER V.
HISTORY OF THE COURTS-THE FIRST OFFICERS AND ATTORNEYS-THE EARLY INDICTMENTS AND TRIALS-THE FIRST GRAND AND PETIT JURIES -CHARACTER OF EARLY LAW VIOLATIONS -THE JUDGES- INTERESTING CRIMINAL TRIALS OF PIONEER TIMES - LATER CON- TESTED CASES -THE PAST AND PRESENT LOCAL BAR -EMINENT PRACTITIONERS FROM ABROAD THE PROBATE AND COMMON PLEAS COURTS-IMPORTANT MURDER TRIALS.
T HE Daviess County Circuit Court convened for the first time April 21, 1817, in the house of Alexander Bruce, which stood on the southeast corner of Main and Second Streets. The president judge was William Prince, and the "Esquire Associates" were William H. Routt and James G. Read. Emanuel Van Trees was appointed clerk, "until a clerk should be commissioned and qualli- fide." George R. C. Sullivan was prosecuting attorney, and Obed Flint, sheriff. The sheriff returned a "pannel" of grand jurors, consisting of seventeen good, true and lawful men, whose names are as follows: John Aikman, Alexander Bruce, Joseph Bruce, Joseph Bradford, Samuel Channis, Dennis Clark, Jacob Freeland, David Flora, Samuel Kelso, George Lashley, John McClure, Joseph Miller, John Stringer, James Warnick, Archibald Will- iams, John Walker and Peter Wilkins. The first case before the circuit court was entitled "Emanuel Van Trees vs. Ben Jamin J. harrison, foreign attachment," which does not appear to have been tried that day.
On the next day, April 22, the following named individuals were admitted to practice "as Attorneys and Counsellors in this Court:" William P. Bennett, Jacob Call, Nathaniel Huntington and George R. C. Sullivan. On this same day the grand jury returned to the " Barr," and found "true Bills" in the following
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HISTORY OF DAVIESS COUNTY.
cases, to-wit: here follow twelve cases of assault and battery, the first being that against Andrew Hilton, and the second against "Thomas Merida." Andrew Hilton's case was continued to the July term, and when called resulted in his acquittal. "Thomas Merida's" case was first tried, "and Mr. Merida being called ap- peared in proper person and for plea said that he could not but say that he was guilty in manner and form as he stood charged in the indictment, therefore it was considered by the Court, that he make his fine to the State of Indiana for the use of the County of Daviess for a county seminary, $3." The fund for the establish- ment of a county seminary thus had its origin, and was for years largely contributed to by fines for assault and battery.
The next term of the circuit court commenced July 21, 1817. During this term perhaps the most interesting case was that of Thomas Proctor, who was charged with the larceny of nine beaver skins and some moccasins from Joseph Whitney. ( ?)* "The court adjudged that Mr. Proctor restore to Joseph Whitney the nine beaver skins mentioned in the indictment; that he pay to the said Joseph Whitney $54 (the moccasins having been restored) and also pay $10 to the county for the use of a public seminary, and the costs."
At the March' term of this court, 1818, Big File, a "Delloware Indian," was indicted for the murder of Thomas Eagle, which event is recorded in the chapter on the Indian history of the county. A warrant was issued against the defendant returnable at the next term of the court. At the June term "the accused being solemnly called, came not, and an alias capias was issued for said Big File returnable to the next term." At the Septem- ber term this case was continued, and at the October term, 1819. a "nolle prosequi" was entered in the case.
At the June term, 1818, John Law was admitted to practice at this court. It may be stated here that the first petit jury con- sisted of Charles Sinkins, John Allen, Ninian Steele, Samuel Kelso, James Steele, George Lashley, William Ballow, Thomas Bradford, Solomon Suplee, Thomas Horrall, George Hunt and William Purcell, the latter of whom was foreman. It is inter- esting to note that most of the trials during the years 1817 and
*This name is indecipherable on the records.
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HISTORY OF DAVIESS COUNTY.
1818, before this court, were for assault and battery, and that the same individuals were frequently tried for this offense. This was especially the case with John Colbert, who was before the court no less than ten times, fines of from $2 to $5 being imposed in most cases, for the benefit of the county seminary. In Sep- tember, 1818, he was sued for slander by Robert Flora, and also by Walter Clark, in the former case being fined $227 and in the latter $250. Subsequently his name appears very seldom on the records of the court.
At the June term, 1818, Thomas H. Blake presented his commission as president judge of this court, and took the oath of office. His associates were the same as those of William Prince. Gen. W. Johnston presented his credentials at the September term, his associates remaining the same. At the June term, 1819, the Hon. Mr. Johnston was succeeded by Jonathan Doty, who had as associates William H. Routt and James G. Read until September 18, 1821, at which time they were suc- ceeded by Ephraim Thompson and Philip Barton.
WRIT OF AD QUOD DAMNUM.
The first application for an ad quod damnum writ was made . March 16, 1819, by William M. Taylor, through his attorney, Charles R. Brown. It appears to have been the desire of Mr. Taylor to raise a dam across Bagg's Creek, on the northeast quarter of Section 17, Township 3, Range 4, for the purpose of obtaining sufficient water to run a grist and saw-mill. Some of Mr. Taylor's neighbors thought that to raise the water as high as he proposed to raise it, ten feet above its ordinary level, would work serious damage to other property, by overflowing and injury to the health of the community. Hence the application for the writ. The sheriff at that time was Obed Flint, and the jury which investigated the merits of the case was as follows: James Love, John Bowsman, William Standly, Hiram Lucas, Abraham Teverbaugh, Josiah Hunt, Samuel Stukey, James Sundy, Henry Hall, James Berry, Philip Davis and Cager Peek. The finding of this jury was that, having taken everything into account, no property of any individual except that of said Taylor would be affected by the raising of the dam ten feet above the water in
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HISTORY OF DAVIESS COUNTY.
Bagg's Creek; that it would not interfere with the passage of fish, or navigation, neither would it annoy the health of the com- munity; that, in short, neither the public nor any individual would be injured by the carrying out of Mr. Taylor's enterprise, and it was ordered by the court that a subpoena do issue against George Mitcheltree, returnable at the next term of court, to show cause, if any he has, why the said inquisition of the jury should not be confirmed, and the said mill not be established by the court. At the next term no cause was assigned by Mr. Mitchel- tree. Other applications for the same writ, for similar reasons, were made by other individuals with the same result-permission to build their mills.
Judge Jonathan Doty was succeeded as president judge of this circuit court by Jacob Call, at the. April term, 1822. It will be remembered that Jacob Call was one of the first ad- mitted to practice at the Daviess County bar. At the September term, 1824, Judge Call was succeeded by the Hon. John R. Porter, whose associate judges were still the same-Ephraim Thompson and Philip Barton. At the September term, 1825, Philip Barton gave place to Rawley Scott, who was himself suc- .ceeded, in 1829, by Michael Murphy.
CRIMINAL TRIALS.
At the August term, 1827, Adam Teal was tried for the mur- der of Mary Ann Hewlett. The trial lasted two days, and resulted in an acquittal. John Law prosecuted, and Mc- Junkin and Brown defended. The fight on both sides was vigor- ous. William H. Routt was foreman of the jury. At the August term, 1829, Jabez Osman was tried for assault and battery, with intent to murder, "on the body of James McLaughlin." This was one of the hardest fought of the early trials, and consumed several days. Jobn Law, a strong man, prosecuted, and Charles Dewey and E. H. McJunkin defended. Dewey at this time had no superior as a criminal lawyer in the State. His address to the jury, whose foreman was James Carnahan, was a powerful effort, but his client was found guilty, and sentenced to one year in the penitentiary. His wily attorneys, however, succeeded in securing a new trial, and finally cleared him. In 1831 Phineas
633
HISTORY OF DAVIESS COUNTY.
Davis was indicted for obstructing navigation in White River, and John Wykoff was indicted for barratry. Moses Knight, a Revolutionary soldier, of South Carolina, applied for a pension in 1831.
John Law was commissioned president judge by Gov. J. Brown Ray, January 25, 1830, and served until August 10, when he was succeeded by Gen. W. Johnston, who was succeeded by Amory Kinney, December 12, 1831. Judge Kinney received his commission from Gov. Noble, and served until January 25, 1837. The associate judges were the same as last mentioned above until the September term, 1834, when Ephraim Thompson was suc- ceeded by John L. Caldwell. At the September term, 1835, they were John L. Caldwell and Elijah Chapman, and one year from this date they were Elijah Chapman and Cornelius Berkshire. Erasmus H. McJunkin, attorney, died in 1834, and the local bar passed suitable resolutions extolling his merits and lamenting his death.
SUNDRY TRIALS OF OFFENSES.
In 1835 H. E. Brandus, an apprenticed boy to John Cawood, was released from his obligations by the circuit court owing to cruelty and misuse. Nancy Riley, tried for murder in March, 1837, was found "not guilty." David McDonald prosecuted, and Charles Dewey defended. The battle was between giants, and lasted four days. In April, 1842, Gaylord G. Barton recovered a verdict of $55 damages against John Hyatt for "trespass on the case for slander." Terry, Law and Watts were attorneys for the plaintiff, and Warner & Smydth for the defendant. Many wit- nesses were examined and large crowds assembled to witness the proceedings and hear the pleas of the counsel. In October, 1842, Melville Bassett, upon the complaint of Amanda A. Rodarmel, was convicted of bastardy and assessed $175 damages. One of the strongest cases in early years was the slander suit of "Jona- than Hawkins and Elizabeth, his wife, vs. Buck Ballow. The latter had said of Mrs. Hawkins: "She has stolen my property ; she has taken things from my house without leave," etc., etc. Terry & Watts appeared for & plaintiff, and Law & Ellis for de- fendant. After a fiery and very interesting trial of three days the jury awarded the plaintiff $180 damages. Another important
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HISTORY OF DAVIESS COUNTY.
case was the trial of Willis M. Miller, in 1845, for the murder of Jane Miller. W. G. Quick prosecuted, and Terry and Clements defended. Three days were consumed, and the jury failed to agree. Terry made a speech of great power. In 1847 Joshua Burgett and Charles Childs were indicted for kidnaping, but appear to have escaped the law. John E. Summers, Josiah Peck and William G. Cole were appointed school examiners of the county for the year 1848-49 by the court.
THE CIRCUIT COURT JUDGES.
On the 25th of January, 1837, Gov. Noble commissioned as president judge Elisha M. Huntington, who served until the April term, 1839, when David McDonald was commissioned and served until the February term, 1853. The associate judges were Cornelius Berkshire and Kenneth Dye from 1838 to Novem- ber, 1845, when they were succeeded by Benjamin Fitzgerald and Cornelius Berkshire, who served until the new constitution adopted in 1852 went into effect, when their offices were abolished.
The first judge of the circuit court under this new constitution was the Hon. Alvin P. Hovey, who served until the February term, 1854, when he was succeeded by Hon. William E. Niblack. In February, 1858, Ballard Smith became president judge, and served one year. In February, 1859, Michael F. Burke was com- missioned judge of this circuit by Gov. A. P. Willard. The last day of court held by Judge Burke was March 14, 1864, and his death occurred on May 22, following. The vacancy caused by Judge Burke's death was filled by the appointment of James C. Denney. John Baker was then elected judge, and continued in office until the February term, 1871, when he was succeeded by the Hon. Newton F. Malott, who had been elected in the fall of 1870. Judge Malott served until the formation of the Forty-ninth Judicial District was formed in the fall of 1884, when the Hon. D. J. Hefron was appointed judge of that district by Gov. Isaac P. Gray. Judge Hefron is on the bench at the present time.
CRIMINAL AND OTHER TRIALS.
In April, 1850, James Thompson was fined $50, disfranchised for life and sentenced to two years in the penitentiary for grand
Ser Sayla
635
HISTORY OF. DAVIESS COUNTY.
larceny. James Blake was fined $57 and sentenced to three and a half years for the same crime. They were horse-thieves. John Waterman was sentenced to two years in 1850, Willis Pier- son to three and a half years in 1851, and Jolin Foster to four years, all for grand larceny. Stubborn fights were made over these cases by opposing counsel. In August, 1854, Harriett Webster was found not guilty, after an exciting trial, of poison- ing Robert Webster. A. L. Robinson prosecuted. In August, 1854, the most disturbing seduction case ever tried in the county was heard. The plaintiff recovered $1,000 damages. Many wit- nesses were examined and much time was consumed. McDonald & Robinson appeared for the plaintiff, and De Bruler & McCon- nell for the defendant. These attorneys delivered speeches of great brilliance, adroitness and probity. In September, 1859, William Humble was convicted of manslaughter, and sentenced to twenty-one years in the penitentiary. Nathaniel P. Usher served as special prosecutor. His address to the jury is said to have been worthy of Randolph. A motion for a new trial was argued and overruled. The details of this important case cannot be given. In July, 1859, the case against Thomas Puling for murder was tried here, on a change of venue from Knox County. This case was hotly contested from the start. The defendant was charged with having killed Matthew Norton with a knife. He was tried in Knox County and sentenced for life, but secured a new trial, which was heard in Washington. Richard A. Clements was prosecutor, and was assisted by W. E. Niblack and A. L. Robin- son. The defendant's counsel were Nathaniel P. Usher, C. M. Allen and William Jones. Upon second conviction the case was taken to the supreme court, where it was reversed on some vital points. How the case finally terminated could not be learned. John Baker and William Garnet were connected with the trial. In 1862 the grand jury indicted William Perkins for treason, in this: That he did "maliciously and traitorously join and enlist in an army of divers false traitors, to the jurors aforesaid unknown, known as Jeff Davis' army, and commanded by one Jefferson Davis, which said army of men was then and still is in open re- bellion and war against the Government of the United States," etc. This case was quashed. In September, 1863, Elijah Bas-
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