History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 14

Author: Goodspeed Brothers
Publication date: 199-?]
Publisher: [Salem, Mass. : Higginson Book Co.]
Number of Pages: 954

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 14
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 14
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 14

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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study of his character has satisfied him that the secret of his success lay not so much in his intellectual powers or in his logical or legal acumen. or even in his breadth of knowledge of the law as in his will power, and in the depth of his convictions. He was not a genius, flashing up here and there, to the surprise of himself and everybody else, and then as sur- prisingly disappointing himself and his friends at other points. His client's cause became his own, and by as much more intensely his own as be was capable of deeper feeling than his client. Having undertaken a case, no matter of how small importance. he could only endure success, and never contemplated defeat. He carried conviction to the jury, not so much by the cold logic of facts as by inspiring them with his own per- sonality, and convincing them even against their will. If his opponent had intrenched himself in the minds of the jury he had no need of the usual methods of a seige, he carried the citadel by storm, and made himself master of the situation. His wit was of the pungent kind which pierces to the quick, and not of the sparkling order that pleases and tickles the fancy. while it leaves no impression on its object. He was a perfect ma-ter of ridicule, and in invective was not surpassed in the courts of Indiang, while his sarcasm was withering as that of a Randolph. In politics Mr. Dunn was a Whig. and twice he was elected to Congress in districts where the Democratic party was largely in the ascendency. And yet while his order of talents would rank him with statesmen it is doubt- ful if he could ever have ranked as a successful politician. He lacked Lot in ambition, for that was a strong part of his nature. He lacked not in ability to fasten himself in the hearts of his constituency, for he was their idol. But the successful politician must affiliate with other poli- ticians, and as the term begins to imply, he must let policy carefully direct his actions in his intercourse with them. The leaders of parties must pull together, and each must yield where he cannot conquer. It was uot in Mr. Dunn's nature to yield his convictions to those of another. He probably spoke the truth when he said to a friend, while sitting beside the remains of his lamented friend Marshall, "There lies what is left of the only man that ever caused me to change my mind when I had once made it up." He was of Scottish origin, and had inherited many of the traits of their character, not the least of which was that of inde- pendent thought and action. Just at the noon-tide of life his health gave way, probably from over work in his last canvass for Congress. He succeeded at too great a cost to his health, and never fully recovered. He died in the religious faith of his fathers, at his family residence, near Bedford, and among those who loved him, in September, 1857.

OTHER TERMS OF COURT.

At the March term, 1537, Jo-eph Marshall, of Madison, one of Indi- ana's greatest men was admitted to practice. At the September term.

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D. F. Crooke was appointed Surveyor of the county for three years. At the March term, 1838, T. J. Throop was admitted to practice. A com- missioner's deed was reported, occupying three pages of the record- now more than three of them can be recorded on one page. Lawlessness seems to be like playing marbles, base ball, etc., and each kind has its rage. At this terra there were fifteen indictments for gaming. First it was assault and battery, then gaming, and finally, violations of the liquor law. Certain Jocalities, too, seem to have been infected with the rage. At one term the grand jury struck the quiet and hitherto orderly town of Springville like a cyclone, and nearly all the indictments for the term were from that village. At this September term, 1838, our now distin- guished citizen, R. W. Thompson, late Secretary of the Navy, stood charged with having turned a broadside on Craven P. Hester, for which, on plea of guilty, he paid $2 for the use of the seminaries of learning. At the May term, 1839. Hon. David McDonald, presided, and at his side was John Whitted, Associate. Randall Crawford, John S. Watts, Paris C. Dunning, John Baker and William T. Otto were admitted to practice. Each of these attained distinction, and Otto and Baker are still living. The grand jury having returned sixty-nine indictments for gaming, say they have no further business, and are discharged. They had shelled the woods pretty generally, and reached all parts of the county.

DANIEL KRESS VB. FELLOWS AND FELLOWS.

At this term came on for trial the suit of Daniel Kress vs. Fellows and Fellows. The plaintiff appeared by Marshall, Thompson, Kingsbury and Otto, and the defendant by Payne, Crawford and Dunn. A stronger array of counsel has not met at the Lawrence County bar. The suit came here by change of venue, and involved a large amount. It grew out of the loss of three flat-boat loads of pork, lost on their trip south. It was in this case that Mr. Dunn had made a powerful appeal to the jury, and as was bis custom, had succeeded not only in suffusing the jury with tears, but as a starter in that direction, had become quite lachrymose himself. This was especially annoying to his friend Marshall, who was employed on the other side, and to whose tender emotions these appeals did not reach. There was a cloud on his brow, but no drops followed in its wake. Moreover, there was no silver lining in that cloud for him. On leaving the court room he took Dunn by the arm and said, "Dunn, how can you do that kind of thing! Think of a man shedding tears, and having a jury sniffling over a boat-load of pork!" Dunn hesitated a moment, and exultingly replied, "True, it was only pork, but then there was so much of it."

SUNDRY ITEMS OF INTEREST.

Three bills were found at this term for " Harboring a Negro "-one each against David Mitchell, Kip Brown and John Barnett. The last

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two were themselves colored men. Barnett is still alive. At the May term, 1842, John S. Watts was appointed Prosecutor, and the name of A. J. Malutt first appeard as an attorney, and also that of Lyman D. Stickney. Stickney was indicted for barratry, but was afterward acquitted. Proof is made of the publication of notice, in a cause, in the Bedford Review, by Isaac Smith, Editor. At the November term of this year, W. M. Thompson was admitted as an attorney. At this term the first indictment was found for carrying concealed weapons ; now & very common offense.

INDICTMENT FOR MURDER.

At the May term, 1843, the grand jury returned the first indictment for murder. It was against Polly Ann Wymore. The jury found her not guilty.

ATTORNEYS AND JUDGES.

At the November term, 1843, Stickney was "suspended from the practice during the pleasure of the court," on the motion of Winthrop Foote. He afterward appeared, and "made solemn promise of amend- ment, " and moved the court to rescind the order, which was done. The name of James Hughes here first appears as an attorney, and Jonathan K. Kinney is admitted. At the November term, 1844, George H. Monson was admitted, and the names of "Dunn and Monson" thereafter appear in almost every important case. Mr. Monson was a man of great ability, and continued to practice until 1855, when he died at Bedford. John H. Butler was also admitted to practice. He was a man of fine mind and culture, and is still living. At the November term, 1845, on the motion of Willis A. Gorman, Cyrus L. Dunham was admitted to practice ; also John J. Cummins and Daniel Long. The Hon. David McDonald retires from the bench, and the Hon. William T. Otto takes his seat as Judge of the Second Judicial Circuit. At the May term, 1846, Alexander Butler appears and takes his seat as an Asso- ciate Justice. William W. Williamson and William A. Porter were admitted to practice. Frank Emerson, afterward Colonel of the Sixty. seventh Indiana, was also admitted. The November term, 1846, opened with McDonald on the bench, Gus Clark as Clerk, and Felix Raymond as Sheriff. Andrew J. Simpson was admitted as an attorney. He was a long-time and prominent attorney of Paoli, and a half-brother of Justice Clifford, of the Supreme Court of the United States. During the year 1847, there were admitted to practice : George A. Thornton (noticed elsewhere), Samuel W. Short, John A. Miller, J. R. E. Goodlett and Curtiss Dunham. Andrew Gelwick became Sheriff. These pages are too limited to allow of any personal notice of attorneys admitted after the earlier years of the history of the court. During the year 1845. Lovell H. Rousseau (afterward Major-General Rousseau) Jesse Cox. Jacob B. Low, A. B. Carlton (now of the U'tah Commission), and George

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A. Buskirk were admitted. John A. Miller, Prosecuting Attorney elect, refused to qualify, and E. S. Terry was oppointed. In 1850, A. G. Cavius, Alexander McCleland and E. D. Pearson (late Judge of the Cir- cuit), were admitted. In 1951. George A. Thornton was appointed Clerk in room of Gustavus Clark, deceased.

COURTS OF THE NEW CONSTITUTION.

In March, 1853, the Hon. George A. Bicknell took his seat as sole judge. He served for many years, and made an intelligent, upright and popular judge of the circuit. He has since been a member of Congress, and is now one of the Supreme Court Commissioners. At this time the Associate Justices of Indiana quietly laid aside their ermine, and the courts, in the person of a sole judge. held aloft the scales of justice. without any to hold up their weary hands. At the same time. it will be remembered by members of the fraternity. the somewhat litigious neigh- hors. John Doe and Richard Roc, made friends, and withdrew from the courts of Indiana for all time.

The old-time lawyers were disgusted with the new code- but it was the code, nevertheless. Judge McDonald, who had been so long at the bench, and had honored the position which he held by his integrity, purity and legal ability, stepped down from his high place, and was admitted to the bar. At the same time, Morton C. Hunter, Johu Edwards, Horace Heffren, Nathaniel McDonald and Newton F. Malott, were admitted.

It would seem to the observer that with the new code, came a more quiet state of affairs, as all that contentious class of cases known as " Trespass on the Case," " Case, "" Assumpsit." " Trover." etc .. passed out of sight. In 1854 Lewis C. Stinson and Patrick H. Jewitt were admitted. The latter was prosecutor of the circuit. In 1855 John D. Ferguson, Thomas L. Smith, Jonathan Payne and J. S. Buchanan were admitted. At the September term, Dixon Cobb was qualified as Sheriff. At this time highly eulogistic and feeling resolutions, by the bar and officers of the court, upon the death of George H. Monson, were spread of record, and the court adjourned. In the year 1856 Frank Emerson and Thomas M. Brown were admitted. In 1957 I. N. Stiles, W. W. Browning, Samuel P. Crawford (ex.Gov. of Kansas). S. H. Buskirk (late judge Supreme Court), and A. C. Voris, were admitted. At the March term, 1858, William Weir, William R. Harrison, Francis L. Neff, E. E. Rose, P. A. Parks, C. T. Woolfolk and William Herod were admitted. In 1859, James R. Glover became Sheriff and Oliver T. Baird, A. D. Lemon, Newton Crook and William Paugh were admitted. In March, 1860, Gideon Putnam, Theo. Gazlay, John H. Martin and Thomas L. Smith were admitted to the bar.

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THE STATE VS. JOHN HITCHCOCK, MURDER.

At the September term, 1860, came on for trial the case of the State vs. John Hitchcock, charged with murder in the first degree. He had shot and instantly killed one Graham, who was pursuing him with intent to arrest him for stealing a horse, which in the pursuit he had abandoned. The jury found him guilty and he was sent to the penitentiary for life. Not toug after, the writer, happening in the office of Gov. Morton, heard a letter read from him, asking to be sent into the army, and pledging his word of honor that, should he not fall at the front, he would return at the close of the war and resume his service to the State. Not being suc- cessful in this appeal, he soon after escaped. Whether he went and "fell at the front" is not known, as he has never since been heard from.

Michael C. Kerr (afterward Speaker of the House) and Fred T. Brown were admitted. In 1561 Davis Harrison became Clerk, A. B. Carlton Prosecuting Attorney. and R. C. McAfee and Lycurgus Irwin were admitted.

THE MURDER OF THOMAS PETERS.

In September. 1562, Jefferson Brannan was indicted for the murder of Thomas Peters. After dragging its weary length along for nine years, it came on for trial in September, 1871, the worst "worn-out " case ever on the docket. It has the merit of having been tried after being freed from the excitement attending the violent act. He was committed for a term of years, and died in prison.

At the September term, 1503, James Tincher became Sheriff. In March. 1864, neither the grand or petit jury were in attendance on ac- count of the prevalence of "small pox." During the year Madison Evans and Alfred Ryors were admitted as attorneys. At the March term, 1865, John Riley was Clerk, and William Daggy, Sheriff. At about this time first appear the names of " Putnam & Friedley" (the Hon. G. W.) as at- torneys.

THE SAUNDERS' MURDER CASE.

At the March term, 1867, came on for trial the case of the State vs. William Saunders, charged with a triple murder in Orange County, and here by change of venne. Robert MI. Weir was prosecuting attorney, and was assisted at the trial by Francis Wilson, of Orange County. The defendant appeared by D. W. Voorhees, Thomas B. Buskirk and Putnam and Friedley. Other counsel whose names are not now recalled were engaged in the case. The record of one day is, "This day was entirely consumed in the Saunders' trial."

After a very exciting trial the jury failed to agree and defendant gave bond in the sum of $8,000 in each of the three cases for his appearance at next term. He never appeared, and little, if anything, was ever made of his bond. Probably a case of "straw bail."

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DIVORCE CASES.

About this time the docket was cumbered with divorce cases, under the loose laws on that subject. An effort was made to have a law passed authorizing Notaries Public to solemnize marriages, and it had already passed one reading, and probably would have gone through, but for a wag at the Lawrence County bar. He sat by while another attorney obtained for his client the second divorce from the same woman. Turning to him he said, "You lawyers are nearly all notaries, and you are trying to get this law passed that yon may do like ' Tom Banks.'" Tom had had a black- smith shop at an early day, 1852, at the foot of a long rocky hill on the Bed- ford & Bloomington State road ; and he used to shoe the horses for travelers in the morning before they started np the hill, and in the even - ing he would take his basket, follow up the hill and pick up the shoes he had tacked on in the morning. The joke was repeated in the Legisla- ture, and killed the bill. In 1867 Frank R. Ogg and W. S. Benham were admitted to the bar. Benham was the witty editor of a Bedford paper. and afterward with his estimable wife was lost in a gale on Lake Michigan. In 1868. the firm name of " Wilson & Voris " first appears. Francis Wilson had removed from Paoli to Bedford, is an able lawyer. and is now Judge of the Circuit.

DEDICATION OF THE NEW COURT HOUSE.

In March. 1869. V. V. Williams first appears as Sheriff. At this term Judge Bicknell entered an order. directing the thorough repair of the court house, locating the court room up-stairs. Attorneys Lemon, Voris and Putnam were appointed a Committee to supervise the execution of the order. They prepared plans for the work. but thinking it best to get the County Board to authorize the outlay. they submitted the plans to them. They declined to make the changes. but asked them to submit, at their next meeting, plans for a new honse as well. Out of this came the handsome stone building which now adorns the Public Square. When the building was completed, in 1872. Judge Bicknell was invited to deliver an address on the occasion of its dedication. This he was pre- vented from doing, but his place was ably filled by the Hon. John M. Wilson. then of New Albany. Judge Emerson. of the Common Piea- Court, also delivered an address. In 1869 William I. Stone. B. H. Bur- rell and William H. Martin were admitted to the bar.

MOODY VS. JONES. ET AL.

At the March term. 1872, came up the case of Thomas Moody vs A B. Jones, Joseph I. Toliver, Milton Toliver. et. al., for damages. There was a verdict and judgment for $75 for plaintiff. It was a small matter. but it was the entering wedge to the litigation which ended in the tragic death of Moody, and the imprisonment for life of Lowry and A. B and Lee Jones. At the September terin of this year John W. Payne and J. S. Smith Hunter were admitted to practice.

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At the May term, 1873, the Hon. A. B. Carlton presided, with John M. Stalker as Clerk. Isaac Newkirk as Sheriff, and Jeremiab F. Pitman as Prosecuting Attorney. John R. Simpson and John F. Pitner were admitted, and the firm name of Voris & Dunn (G. G.) first appears of record. A minute highly complimentary to the Hon. A. D. Lemon, who was about leaving the Lawrence County bar for San Diego. Cal .. was spread of record. The grand jury returned the following bill of indictment: State of Indiana vs. J. Quincy, Justice-"Taking tish with net." The prisoner appeared at the bar, and put in a plea of "guilty." The Prosecuting Attorney was asked by the Court if it was an aggravated case. to which he replied: "Oh no. Judge, make it light. It was only a d-d little sncker." Fine $1. At a special July term. Richard A. Fulk. Emerson Short and Bruce Carr were admitted. At the September term of this year. Francis Wilson filed his commission as Judge, by appointment. At the December term, 1873, E. D. Pearson filed his commission as Judge. and J. W. Tucker as Prosecuting Attorney. At a term held in February. 1574. W. T. Walters, W. A. Land and D. O. Spencer were admitted.

THE MORROW.CHRISTOPHER MURDER CASE.

The well-known and remembered case of the State vs. John H. Mor. row and Luzetta V. Christopher came on for trial. Morrow was staying ut the house of Christopher, who was a lame man. and who was sick. Late in the night an alarm was given, and the neighbors were horrified to find the husband. Christopher. dead. from wounds with a knife. Morrow himself. and Mrs. Christopher and both the little children badly wounded with a knife. The case was. in its details, and still is, a mys- tery: but Morrow and Mrs. Christopher were indicted. They were ably and persi-tently defended by the local bar, Carlton. Crooke, Riley and I-eminger. and by D. W. Voorhees, while the prosecution was assiste I by G. W. Friedley and A. C. Voris, The first trial resulted in a " hung jury," but they were afterward convicted for a term of years. Mrs. C. died in the woman's prison at Indianapolis, while serving her term. At the May term of this year Samnel C. Wilson, William Farrell and John R. East were admitted. At the February term, 1875, resolutions of respect to the memory of P. A. Parks. an Attorney of the court. was ordered of record.

THE MURDER OF CARNEY.

At the May term. IST5, came on the case of the State vs. George Bachtell and Arthur Bissot, charged with murder. They had entered a store-room at night. for the purpose of robbery. The Marshal, George C'arney, discovered them and entered the door in the darkness, whereupon tas Bachtell -ay-) Bissot fired and killed him almost instantly. Bachtell pleaded guilty and wa- sentenced to the State's prison for life. Bis-ot. a

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mere youth, entered a plea of not guilty. He was defended by Col. C. L. Dunham, and W. A. Landmers, was found guilty, and also sentenced for life. A few years afterward he was represented by the Surgeon of the prison as dying of consumption. and through intervention of his attorneys, was allowed to come to his home, under promise of return, in a few months, if he lived. He lived. but did not return. In this year Albert H. Davis, M. C. Hunter. Jr., Allan W. Prather and C. W. Thomp- son were admitted. In 1876 C. F. McNutt, B. E. Rhoades and Harry Kelly were admitted. In 1877 Ben Hagle. James McClelland, H. H. Edwards, S. B. Voyles, Frank Branaman and Fred T. Rand were admit. ted to the bar, and in 1878 John Q. Voyles, H. H. Friedley. Thomas G. Maban. Gen. W. T. Spicely, C. H. Burton, Joseph R. Burton, Aaron Shaw, John T. Dye and L. C. Weir. At the September term, 1879. Fred T. Dunibne became Sheriff, and John S. Denny. D. H. Ellison, J. H. Willard (now State Senator), and Ferdinand S. Swift were admitted to the bar. At the December term, 1879. Francis Wilson again took his seat as Judge, this time for the full term, and M. S. Mavity became the Prosecuting Attorney. At the May.term, 1880, appears the name of S. D. Luckett, as of the firm of Voris & Luckett. At the January tern. 1881, George A. Thornton was admitted to the bar, and at the March term resolutions of respect to his memory were put on record.

At the October term, 1881, Simpson B. Lowe. S. S. Mayfield and John M. Stalker were admitted to practice, and Stalker was made Master Commissioner. In December H. C. Duncan became Prosecuting Attor- ney. In March, 1882, Harry C. Huffstetter was admitted.

THE NARROW GAUGE RAILROAD CASES.

About this time terminated the cases of Hall and others against the Narrow Gange Railroad, which had cumbered the docket in various forms for several years. Perhaps nothing ever caused more litigation in Law- rence County than the construction of this road. Subscriptions had been made to the road, and a tax of about $40,000 voted by Shawswick Town- ship. A determined effort was made to prevent the collection of this tax, and some of the subscriptions. The cases in various shapes were tried before Pearson, Collins, Berkshire and Slaughter, as Judges. at home, and on change of venue, at Monroe, Washington and Orange Counties, and in the United States Courts. All the members of the local bar, and many foreign attorneys. appeared in them at some time. The tax was finally paid.

At the May term, 1853, Francis Wilson was Judge. Robert H. Carl- ton, Clerk, and James McDowell, Sheriff, and at the December term James E. Henley became Prosecuting Attorney. In May, 1984. Francis B. Hitchcock and Eli K. Millen were admitted to practice. The resident and practicing members of the Bedford bar at this time are: E. D. Pear.

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son. George W. Friedley, Newton F. Crooke, John Riley, George O. Iseminger, James H. Willard, Moses F. Dunn, George G. Dunn, Robert N. Palmer. W. H. Martin. Samuel D. Luckett, Simpson Lowe and F. B. Hitchcock. Residing in Mitchell are: Gideon Putnam, C. G. Berry and William H. Edwards. The writer has known them intimately and pro- fessionally since their advent to this bar. and to their fidelity and devo- tion to the interests of their clients he bears cheerful testimony.

There are other gentlemen, as appears in these pages, residents of the county, who are members of the bar, and who sometimes appear in conrt.

A SPECIAL OBSERVATION.

The first civil snit on the records of Lawrence County, it will be scen, was to assert the right of property in " Phillis, a woman of color," and the strong arm of the law came to the aid of the owner. The help- les- woman, who had absolutely no protection from any person or power on earth. having no standing in court, was remanded to the tender mer- cie- of her mi-tre --. Time has wrought wonders, and though only two generations of people have passed; and though one of the jury to whom her case was submitted, and in which case she figured only as any other -pecies of property would have played a part, is still living. yet any one of her descendants has now the same right to appear in court, to -it upon a jury. to appear at the bar to assert the rights or claim redress of the wrongs of another. or to sit upon the bench and administer jus- tice it-elf. as any man in all the land. The last record made at the last term of this same court is in a case wherein a citizen of this county seeks to recover from another citizen of the county the sum of $1.200, money which he alleges he paid into the hands of the defendant to secure his (the plaintiff'si nomination as a candidate for one of the most impor- tant offices of this same court. Are we advancing? And if so, in what direction: If we continue thus to advance, where will we be in two generations hence: If the suffrages of the people are to be corrupted with money. and the officers of the courts of justice are to procure their places by the use of money. then indeed may we say that the purity of the courts and the glory of the Republic is past. It would be a grateful office to strike this last case from the pages of this book after it is writ- ten, but it cannot be stricken from the records of the courts, nor from the history of the country.

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History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 14

Author: Goodspeed Brothers Publication date: 199-?] Publisher: [Salem, Mass. : Higginson Book Co.] Number of Pages: 954

Author: Goodspeed Brothers
Publication date: 199-?]
Publisher: [Salem, Mass. : Higginson Book Co.]
Number of Pages: 954