USA > Indiana > Orange County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 12
USA > Indiana > Washington County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 12
USA > Indiana > Lawrence County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 12
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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24
16
Marshall
91
40
9
Perry.
57
110
32
Indian Creek
45
63
Spice Valley
14
125
Marion
:48
17
219
Bono.
30
67
Flinn
211
4
3
Total
1120
490
660
King.
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HISTORY OF LAWRENCE COUNTY.
For Governor, O. P. Morton (Republican) received 1,061 votes and A. P. Willard (Democrat) 1,079. J. W. Dawson (Republican) received 1,041 for Secretary of State, and Daniel McClure (Democrat) 1,080. In 1858 McClure (Democrat) received 1,065 for Secretary of State and Peelle (Republican) 1,057. In 1860 H. S. Lane (Republican) received 1,272 for Governor and Thomas A. Hendricks (Democrat) 1,143. For Secretary of State W. H. Schlater (Democrat) received 1,107. and W. A. Peelle (Republican) 1,233. At this time the Republicans had a decided majority.
NOVEMBER, 1860.
REPUBLICAN.
DENOCHAT.
SOUTHERN DEMOCRAT.
L'KION.
TOWNSHIPS.
Lincoln and Hamlin. 317
l'ouglas and Johnson.
Breckinridge and Lane. 216
Bell and Everett. 61
Bono
80
87
4
5
Marion.
217
16.
37
79
Spice Valley
132
91
8
41
Indian Creek.
96
56
50
5
Perry
141
41
23
-
Marshall.
79
15
28
12
Pleasant Run.
55
96
31
1
Flinn.
41
101
199
Total.
1159
525
208
NOVEMBER, 1864.
TOWNSHIPS.
REPUBLICAK. Lincoln and Johnson.
DEMOCRAT. Mcclellan and Pendleton.
Shawswick.
308
Bono
87
67
Marion.
295
132
Spice Valley
180
39
Marshall.
63
62
Indian Creek
130
71
Perry
129
49
Pleasant Run.
100
124
Flinn
58
215
Total
1423
1097
Shawswick.
130
In 1862 the vote for Secretary of State was: W. A. Peelle (Repub- lican) 1,154; J. S. Athon (Democrat) 1,208. In 1864 the vote for Gov. ernor was: O. P. Morton (Republican) 1,462; J. E. McDonald (Demo- crat) 1,183; for Secretary of State: Trussler (Republican) 1.441; Athon (Democrat) 1,199. In 1866, for Secretary of State: Trussler (Repub- lican) received 1,811, Manson (Democrat) 1,427.
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HISTORY OF LAWRENCE COUNTY.
NOVEMBER, 1868.
TOWNSHIP4.
DEMOCRAT Grant and Colfax.
REPUBLICAN Seymour and Blair.
Shawswick
386
306
Marion.
396
205
Bono.
124
Spice Valley
255
129
Guthrie.
85
158
Flinn
51
145
Pleasant Run
134
174
Marshall.
81
87
Perry ...
140
51
Indian Creek
139
136
Total
1291
1469
NOVEMBER, 1872.
REPUBLICAN, LIBERAL REPUBLICAN
TOWNSHIPS.
Grant and W'i'son.
Greeley and Brown.
Shawswick
395
821
Marion.
410
249
Indian Creek.
160
105
Perry.
136
53
Pleasant Run.
119
170
Flinn.
46
146
Guthrie.
89
178
Bono
128
Spice Valley
225
100
Marshall.
76
98
Totals.
1933
1503
In 1868, for Governor, Conrad Baker (Republican) received 1, 752; T. A. Hendricks (Democrat) 1,529; for Secretary of State: M. F. A. Hoffman (Republican) 1,756; R. C. Kise (Democrat) 1,523. In 1870, for Secretary of State: Hoffman (Republican) received 1,693; Norman Eddy (Democrat) 1,489. In 1872, for Governor: Hendricks (Democrat) received 1.680; T. M. Brown (Republican) 1,889; for Secretary of State: O. M. Eddy (Democrat) 1,661; W. W. Curry (Republican) 1,899. In 1874 for Secretary of State, Curry (Republican) 1,742; J. E. Neff (Democrat) 1,617. In 1876, for Governor, Benjamin Harris (Republican) received 1,934; J. D. Williams (Democrat) 1,674; for Secretary of State: R. L. Robertson (Republican) 1,913; J. P. Gray (Democrat) 1,655.
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HISTORY OF LAWRENCE COUNTY.
NOVEMBER, 1876.
REPUBLICAN, DEMOCRAT. INDEPENDENT.
TOWNSHIPS.
llayes and Wheeler.
Tilden and liendricks.
Cooper ac ! vary.
Shawswick
424
334
10
Marion
267
Spice Valley
285
182
Bono.
142
Marshall
38
106
93
Perry
119
53
11
Guthrie.
92
179
-
Indian Creek
189
136
10
Flinn
61
150
6
Pleasant Run
113
115
15
Total.
1941
1669
In 1878 for Secretary of State, I. S. Moore (Republican) received 1,816; John G. Shanklin (Democrat) 1, 735; Henry James (Independent) 207. In 1880 for Governor, A. G. Porter (Republican) received 2.094; Franklin Landers (Democrat) 1,682; Richard Gregg (Independent) 175. In 1882 for Secretary of State, E. R. Hawn (Republican) received 2.064; W. R. Myers (Democrat) 1,531; H. Z. Leonard, (Independent) 122.
NOVEMBER, 1880.
REPUBLICAN, DEMOCRAT. INDEPENDENT
TOWNSHIPS.
Garfield and Arthur.
Hancock and English.
Weaver and Chambers
Shawswick.
526
364
33
Marion
459
259
Spice Valley
267
154
2
Bono ..
120
96
10
Marshall
65
119
Perry
128
63
Guthrie.
121
158
Indian Creek
198
149
14
Flinn
50
146
Pleasant Run
123
193
36
Total
2057
1701
146
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HISTORY OF LAWRENCE COUNTY.
CHAPTER V.
BY COL. A. C. VORIS.
HISTORY OF THE BENCH AND BAR-FIRST SESSION OF THE COURT-OFFI- FEES AND ATTORNEYS-EARLY SUITS-PHILLIS THE SLAVE-PALES- TINE-SENTENCE OF THE LASH-THE FIRST RESIDENT!ATTORNEY-OTHER PRACTITIONERS-LARCENY AND SLANDER SUITS-THE CIRCUIT JUDGES -THE RECORDS-SUNDRY ITEMS OF INTEREST-CHARACTER OF HOW- AL.D. THOMPSON AND DUSN-THE KRESS-FELLOWS CASE-THE NEW CONSTITUTION-THE HITCHCOCK MURDER CASE-THE HOMICIDE OF PITEES-THE SAUNDERS MURDER CASE-THE NEW COURT HOUSE-THE MORROW MURDER CASE-THE HOMICIDE OF CARNEY-THE NARROW GAATHE RAILROAD SUITS-GENERAL OBSERVATIONS.
T
HE first entry in the records of the Lawrence Circuit Court is as follows:
Be a remembered that. at the Circuit Court in and for the 1st Circuit. begun and ienl at the house of Jas. Gregory, in the County of Lawrence, and State of Iudiana on the 4th day of June. 1818. Present: Hox. THOS. H. BLAKE, President. JOHN MILROY. ! W.M. ERWIN, ; Associates
The house of James Gregory was situated on Leatherwood. three miles East of where Bedford now is. and on the David Ikerd farm. now belonging to Capt. Isaac Newkirk. The old house has disappeared. Jas. Gregory was one of the real pioneers of Indiana. He came from North Carolina to Indiana in 1813. and settled in Washington County. He was a " Ranger " in the war in 1814. and a mess- mate of Joseph Rawlins, still living. In 1818, he removed to Lawrence County, and settled on the farm mentioned. In 1820, he represented this and other counties in the Legislature. In 1822, he removed to Shelby County, and we soon find hitu representing that county in the Legislature, at Corydon. De- termined to keep in the advance of civilization, we again find him in 1531.'removing to Warren County. He went, in MIny of 1842, to Yuca. tan, on a trading expedition, and there died of yellow fever. He was an estimable man, and the father of Hon. R. C. Gregory, since one of the Judges Supreme Court of the State of Indiana.
THE FIRST CIRCUIT JUDGES.
Judge Blake's name appears as "for the plaintiff'" in the first case reported in the Supreme Court, and we find him a candidate for the I'nited States Senate in 1839, and beaten by Albert S. White. Associate Justice John Milroy afterward removed to the northern part of the State, and was the father of Gen. Milroy, whose military history is familiar. William Erwin was the father of the late William Erwin of this county,
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HISTORY OF LAWRENCE COUNTY.
and grandfather of the present Recorder of the county. He was a man of fine abilities, and of an integrity which he has transmitted to the present generation. Their commissions were signed by Jonathan Jen- nings, as Governor, and R. A. New, as Secretary of State. Blake was sworn in by Davis Floyd, of the Second Circuit, and " Made oath on the Holy Evangelists of Almighty God." Each was sworn to support the Constitution of the United States, and of the State of Indiana, and to discharge his respective duties as Judge ; and took the further (iron clad) oath prescribed by an " Act more effectually to prevent duelling." John Lowrey filed his bond as Clerk, with Ezekiel Blackwell, Samuel G. Hoskins and Joel Vandeveer as securities. At this term Jobn F. Ross, of Charlestown, and afterward Judge of the Circuit, was admitted to the bar as an attorney and counsellor at law, and appointed prosecu- tor during the pleasure of the court. The first Grand Jury sworn and charged was constituted as follows : Jeremiah Rankin, Foreman ; James Fulkerson, John Horton, William Leaky, Samuel G. Hoskins. Reuben Kilgore, Isaac Anderson, Robert Brooks. James Mundle, Thomas Henton, David Cummings, William Tulley, Daniel Piles, Isaac Mitchell, Dixon Brown, Joel Vandeveer, John Ikerd and Beverly Gregory-with Malchiah Commons as Bailiff. The record fails to give the name of the Sheriff, but it was probably Joseph Glover, whom we find serving as Sheriff for many years. The old files of the court, which would con- tain the name of the Sheriff. are all lost or destroyed, and many matters of interest to the curious thus left in obscurity.
THE FIRST TERM OF COURT.
At this term (the first) Ebenezer McDonald, George R. C. Sullivan and John Law were admitted to the bar. Eli Powell, was indicted for an assault and battery on Thomas House, and by way of making all things even, Thomas House was indicted for a like indignity on the person of Eli Powell. Joseph Thompson was indicted for assaulting Richard Evans, and Richard Evans was indicted for repaying Thompson in kind. William F. Thompson was indicted for sending a "challenge." Whether the hostile meeting ever took place, and the wounded honor of the par- ties healed there is now no means of knowing. Who this Thompson "with a p" was, and what was the occasion of his desire to resort to the code of honor is likewise obscured in the mazy past. At the March term of the next year the indictment was " nol. prossed " for the reason that "he was not an inhabitant of the State, and the statute under which he was indicted had been repealed." It is interesting to note the character of the offences against the peace and dignity of the State at that early day. At the September term, 1818, the court was the same as before. and Jeremiah Rowland. William Hoggett, Isaac Naylor and Henry Stephen were admitted to the bar. It should be borne in mind that the circuit at
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HISTORY OF LAWRENCE COUNTY.
that time consisted of several counties, and that most of the attorneys ac- companied the Judge in his circuit. Lawrence County had no resident attorney. Rowland came in the train (not railroad) from Salem, and Naylor from Charlestown. Both continued their practice here until the home attorneys took it up. The cases of the State against Thompson and Evans indicted at the last term for an assault upon each other came up, and each was fined $1 upon a plea of guilty. The case of Thomas House, charged with an assault and battery on the person of Eli Powell, came up, and in answer to the ominous question, "Are you guilty or not guilty ?" he answered "Guilty, your honor," whereupon his honor assessed a tine of $10 " for the use of the seminaries of learning of Law- rence County." Did any body ever see one of the "seminaries of learn- ing " in Lawrence County at that day ! The case of Eli Powell, charged with having assaulted the culprit in the last case came up, whereupon he entered a plea of "not guilty," and " put himself upon the country," and the Prosecuting Attorney "did the like." The Court said " Let a jury come," and the jury came as follows: Robert Mitchell, John Leaky, Joseph Rawlins, James Cully, Albert Howard, William Elrod, George MeNight. John Gardner, William Dougherty, Robert Hunter, Joseph Sullivan and James Garten, " good and lawful men," who, after due con- sideration, found him "not guilty," and he was permitted to " go without day."
PHILLIS, THE SLAVE.
The court proceeded with the call of the docket and the next, and first civil case ever tried in the county, was called: Susannah Witcher vs. Phillis (a woman of color)-Recognizance. On the issue made Susannah "put herself upon the country," and Phillis-Phillis had no country to "put herself upon," and so the court put her upon Susannah's country, and the jury came, the same as in the case just tried.
The evidence being heard, of course Phillis nor any of her color could testify against Susannah, because she was white-and the jury having duly deliberated, they returned into court with the following verdict: "We the jury find Phillis to be the property of Susannah Witcher." This is the brief history of " Phillis." The record shows that "John Brown" entered himself as security for her further appearance in court. The writer does not know who this John Brown was, but while this was going on there was, beyond the wide wilderness to the East, a boy by the name of "John Brown," who probably never heard of Phillis, and not far to the South another by the name of Abe Lincoln, of whom Phillis probably never heard. who were being raised up for the very purpose of making it possible for Phillis and all of her "color" to put themselves upon their country. Probably Joseph Rawlins is the only one of those whose names have been so far mentioned who is yet alive, and he has no recollection of " Phillis," or her care.
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HISTORY OF LAWRENCE COUNTY.
The first civil judgment taken was by James Kitchell against John Brown for $73, and was stayed by Patrick Callan. At this term there were twelve indictments returned-eleven of them for assault and bat. tery, four of these were against John Anderson, one each on the bodies of John Laughlin, James Cusick. Francis Williams and Robert Erwin. There was a plea of guilty in each case, and a fine of 50 cents in three cases and $15 in the other. John Anderson was the "bully" of that day, and got in his work pretty well in one of these cases, and hence the excessive fine of $15.
JUDGE JOHNSON.
At the March term, 1819, Gen. W. Johnson presented bis commission from the Governor, as Judge of the First Circuit. and took his seat as President Judge. Because of his military title or name, or because of relationship to Col. Richard MI. Johnson, the slayer of Tecumseh. his oath of office contained these words: "Also that I have neither directly or indirectly given, accepted or knowingly carried a challenge to any per- son or persons, to tight a single combat, or otherwise, with any deadly weapon, either in or out of this State. since the 20th day of June, 1816; and that I will not directly give, accept or knowingly carry a challenge to any person or persons, to fight in single combat or otherwise, with any deadly weapon either in or out of this State, during my continuance in office. "" This oath of office was administered by a Justice of the Peace in Knox County.
At this term Robert Holly, Jr., and Winthrop Foote were admitted to practice. Perhaps no man in Lawrence County was better known in the county than Dr. Foote. He was born and brought up in Connecti- cut, and had superior advantages of an early education, and which he had diligently improved. He was a man of eccentric manners, of ex- tended information, of pungent wit, and of fine conversational powers : and though admitted to the bar, he continued for some time in the prac. tice of the law, his chosen profession, and that in which he excelled, was that of medicine, and he belongs rather to another chapter.
LOST RECORDS.
The following order is of record: "Ordered that Joseph Benefield be allowed $2 for the use of a house, for a court house at this term." The grand jurors were allowed $1.50 each for the term. For the benent of courts and counsel who so often have trouble over lost papers, it may not be amiss to copy a rule of court adopted at this term. "The Clerk of this court shall not suffer the papers in any case to be taken from his office at any time, nor during the term from the court house but by one of the Judges." During a long practice nothing has more perplexed the writer than the facility with which important papers could be lost just when they were needed. It was often very annoying. but seldom occasioned
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HISTORY OF LAWRENCE COUNTY.
serious results, as they invariably as mysteriously turned up after court adjourned. In a case requiring publication, it was ordered to be made in the Tocsin published in Salem.
THE FIRST COURT IN PALESTINE.
Ia June, 1819, the first term of the court was held at Palestine, "at the court house." This court house was built of brick, and was in a town of 500 or 600 people, and yet few people in the county know where its -ite was. Like the ancient city of Troy it can only be found by excavation. It was beautifully located on the banks of White River, on the plateau now owned by Thomas Dodd, Esq. It continued to be the seat of justice of the county until 1825, when the inhabitants, finding it impossible to live there on account of fever and ague removed it bodily to where the town of Bedford now stands. At this June Term. Jonathan Doty, Esq., produced his commission as Presiding Judge of the Circuit. Daniel Shell and James R. Higgins were admitted to practice. The first divorce granted in the county, was entered at this term, where- by the " bonds of matrimony existing between Benjamin Dawson aud Nancy Dawson, were forever disolved." It would surprise any one to know how many had since been granted. For the edification of attorneys bringing suits on "iron clad " notes, it may interesting to know that at this term judgment was rendered in favor of John Dugan for $1,309, the judgment of the court closing with the ominous words, "and the defend. ant in mercy, etc." The following receipt is on the margin: "Received my fee in full $5, of the son of the plaintiff, for obtaining this judg- ment. July 10. 1837. W. Foote." As every judgment for money then closed with the formal words, "and the defendant in mercy, etc." it has occa-ioned some inquiry as to what it meant. One attorney has sug- ge-ted that it was commending him to the mercy of the Sheriff. to whom an execution would issue, and that acting upon the suggestion, Sheriff's became more and more lenient, until finally it has become almost impos- sible. especially when they are candidates for re-election, to get them to execute the process at all. Another says that, like the solemn appeal at the close of the death-sentence. it is a last appeal for mercy to the insatiable attorney for the plaintiff, who will probably show him no quarter. In truth it is a now obsolete phrase which meant that the defendant was " amerced " or punished for his delay of justice.
At the October term. 1\10, the first entry is "John Martin, one of the traverse jurors was called and appeared in court, and refused to swear, as required by the court. for which offense the court ordered that he make bis fine to the State in the sum of $1." Martin paid his tine and kept his conscience. In illustration of the old practice, in a case where a non-snit was ordered. "John Gardner, one of the jurors was withdrawn. and the rest of the jury was discharged from rendering their
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HISTORY OF LAWRENCE COUNTY.
verdict." Thus the plaintiff reserved the right to bring his suit again. John Ross resigned his office as Prosecutor and Winthrop Foote was appointed in his room.
THE SENTENCE OF THE LABH.
At the March term, 1820, John R. Porter was admitted to the bar. He died at Corydon a year ago. At this term came on for trial the indict- ment for larceny. The case was "The State of Indiana vs. John Work. man," and is not without interest. The defendant for plea said he was not guilty, and put himself upon the country, and the jury came as fol- lows: David Green, John Short, David Love, James Fulkerson, John Grey, Robert Hunter, Joseph Rawlins, Samuel Simons, George Sheeks, William Elrod, John Bates and Samuel McBride. The evidence being heard and duly considered the jury returned into court with the follow- ing verdict: "We of the jury find the defendant guilty, and assess his tine at $1, and that he receive fire stripes." Motion was made in arrest of judgment, and overruled, notwithstanding the fact that one of the reasons assigned was that one member of the grand jury finding the bill was on the traverse jury. Probably the learned attorney should have asked a new trial. The record proceeds to say that the defendant was three times solemnly called and came not, but wholly made default. The only living member of the jury when interviewed about this verdict said: "I don't remember it, but it was right." It was only sixty-four years ago. Suit was brought at this term by the Commissioners of the County vs. Robert M. Carlton, Alexander Walker, Renben Kilgore, George Sheeks, Pleasant Parks, Edward Johnson and Joshua Taylor, and the damages laid at $25,000. It never came to trial, and probably was on some bond and amounted to little.
At the June term, 1820, Charles Dewey, Esq., and Ilugh S. Ross were admitted to practice. Mr. Dewey lived first at Paoli and then at Charlestown, but continued to practice at this bar, and at a later date was associated with Col. R. W. Thompson. He was a lawyer of rare ability, and in 1836 was made one of the Supreme Judges of the State, which position he long filled with great ability. At this term there were twenty-one indictments returned by the grand jury: fifteen for assault and battery, four for affray, one for passing counterfeit money, and one for "marking a hog with intent to steal." The more refined mode of settling difficulties with pistols and knives had not yet come into vogue, and hence we see that though the population was sparse, and the grand jury met four times a year, there were nineteen cases for settling difficul- ties by the more cowardly method of attacking an enemy openly and even-handed. Commend us rather to that kind of manhood.
DEWEY, THE FIRST RESIDENT ATTORNEY.
At the October term. 1820, James Bramin and Rollin C. Dewey were
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HISTORY OF LAWRENCE COUNTY.
admitted to practice. Mr. Dewey was the first resident attorney of the county. He was a Massachusetts man, an accomplished scholar, and well read in the law, yet at the bar he was in many respects, a signal failure. In his efforts to address the court or jury his ideas were rambling and confused. To use the elegant language of Judge Carlton, at a much later day, when he was characterizing the effort of an opponent, he was in the habit of "slashing round" without making any point clear. After repeated efforts to obtain a practice and standing at the bar he was elected a Justice of the Peace, a position for which he was highly qualified, and in which he was successful and popular. He was an adept in drafting legal instruments of all kinds, an elegant scribe, and had he lived at a later day or in an older community would have been a successful office lawyer. He died of cholera in 1832. At this term a jury assessed a fine of 37} cents on John Bailey for assaulting Winthrop Foote, the Pros - ecuting Attorney; and the State having again complained of "John Anderson," heretofore mentioned, for assaulting a neighbor, they fixed his fine at "$6.401." Evidently the scales of justice tipped the beam at the tenth of a cent in the delicate fingers of the gentlemen of this jury. Probably the wisdom of a modern court would set aside the ver- dict on the suspicion that they had made an aggregate of their several judgments aud divided by twelve. At this term it was also " Ordered that W. Foote, Prosecuting Attorney, be allowed the sum of $75 for service during the year." On the margin is found in Dr. Foote's hand- writing the characteristic endorsement " Rejected." William Fields pre- sented his commission as Associate Judge for the term of seven years, and being qualified took his seat.
The case of Robert MI. Carlton, agent of the county, vs. Joseph Glover, Sheriff, came on for trial, and it was " considered by the court, that the defendant go hence withont day." This is the first time that the name of the Sheriff appears, but it is probable that Glover was Sheriff from the beginning [See chapter on organization of the county. - ED. ] " Ordered by the court that the 'Prison Bounds,' for the county of Lawrence be as follows: Beginning southwest, in the town of Palestine, at Lot No. 259; thence east with Bluff Street to the east corner of Lot No. 107; thence north with Meeting Street to the north corner of Lot No. 03; thence west to the west corner of Lot No. 272; thence south to the beginning." As the town of Bedford is laid off with lots corresponding to those in Palestine, the curious can trace these lines in Bedford, and find that the debtor had more room in which to wait for some relief to " turn up " than " Micawber " did.
FIRST IMPORTANT LARCENY CASE.
At the November term of this year, Craven P. Hester was admitted to practice. He resided at Bloomington and was well known not only to
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HISTORY OF LAWRENCE COUNTY.
the bar, but to the people of the State. The first trial on charge of lar. ceny, came up at this term, "The State vs. Young." The jury found as follows: " We, the jury, tind the defendant guilty as charged in the first count of the indictment, and that the property mentioned in the said county has not been restored to the said Joseph Trimble, and do more- over find and award that the said defendant pay to the said Trimble the sum of $20, and do also assess the fine of said defendant at 1 cent. and further find and award that the defendant be confined in the State prison at Jeffersonville, at hard labor for the term of five months." The judg. ment on this verdict was arrested. It may be of interest to attorneys to note that until long after this time a motion to quash an indictment was not inade. Its sufficiency was never tested until after the accused had taken his chances with a jury, then, should the verdict be against him, he went to the court with the indictment on motion in arrest.
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