History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 54

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 54
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 54
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 54

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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until he himself has performed what he stipulated to do as the consider- ation of the other promise. - * The principle is that where a promise is the consideration, a failure to perform that promise is a fail. ure of consideration. 1 Pet. Rep, 465. Ld. Raym. 666: 1 Saund., 352 n. After being remanded the case became so complicated that it cannot now be followed without the papers, which are missing.

THE LINDLEY-CRAVENS SUPREME COURT CASE.

The third case. as follows, went to the Supreme Court in 183] : Jonathan Lindley. County Agent, sold at auction to John Austin three lots in Paoli, and gave him a title bond as follows:

INDIANA TERRITORY. Orange County.

Know all men by these presents. that I. Jonathan Lindley. lawful Agent for the town of Paoli, am held and firmly bound unto 'John Austin in the penal sum of $157.50, to which payment I hind myself. my heirs, and every of them. to be made and done. Witness my hand and scal April 9. 1816. The condition of the above obligation is such that if the above hounden Jonathan Lindley doth make a deed unto Juhu Austin for Lots No. 18. 21 and 28. in the town of Paoli, as soon as he can obtain a deed for the same. In failure thereof the above obligation to stand in full force and virtue in law, the date above written.

JONATHAN LINDLEY. [SEAL. ]

Payment was properly made for the lots by Austin and afterward he received a deed for two of them from Lindley. endorsing a receipt for such deed on the title bond. Austin then assigned the bond as to the third lot to William Cravens, who soon died, his administratrix being Jane Cravens. Jonathan Lindly also died. his executor being William Lindley. Jane Cravens as administratrix brought suit on the title bond against William Lindley, executor of Jonathan Lindly. and recovered a judgment before Judge Ross. Several important questions came up on trial; John H. Farn- ham was attorney for Lindley and - for Jane Cravens. It was alleged that Jonathan Lindley through mistake permitted the word "'heirs " to appear in the title bond instead of the words " successors in office," and also that it was well known that Lindley conveyed the land in his official character and that his personal property should not be subject to execu- tion under the judgment. William Lindley prayed the court for an injune tion on the judgment and general relief. to which there was a demurer which was sustained and the injunction which had been temporarily granted in vacation was dissolved. The Supreme Court held that the judgment should be reversed and remanded to the Orange Circuit Court, and leave given the complainant to amend his bill, the error of the lower court being that upon sustaining the demurrer to the bill, the cause was not permitted to stand over for a reasonable time for the complainant to amend his bill. The Supreme Court also decided that the complainant's relief was to have the mistake in the title bond corrected in a court of chancery, by which act the county of Orange, and not the complainant,

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would become liable to Jane Cravens. It was also settled that the mis. take in the title bond could not be pleaded in an action at law, but could only be in chancery, the ruling of the lower court on that point being correct. John H. Farnham was attorney for Lindley, and Charles Dewey for Jane Cravens. This was one of the hardest fought trials of early years.

ADDITIONAL COURT OFFICERS AND ATTORNEYS.

In March, 1831, George Lear was sent to the penitentiary for two years for forgery. James Scott was admitted to practice in 1831. James Clark became Associate Judge in 1833, rice Hostetler, resigned. H. P. Thornton had been admitted to practice several years before 1833, as had also Arthur J. Simpson. The leading practitioners at this time were Dewey, Thompson, Simpson, Thornton and Goodlet. Charles Dewey became Prosecuting Attorney in 1834. Richard W. Thompson was admitted to practice in 1834; Elijah Bell in 1936, John W. Payne, 1836; John A. Breckenridge, 1836; William A. Porter, 1836; John Baker, 1937; Thomas J. Barnett, 1838; Thomas J. Throop; Harris Flanagan, 1838; George G. Dunn, 1939; John Kingsbury, 1839. John H. Thompson became President Judge in 1534, with Jacob Moulder and James Clark, Associates. In 1836, William Case succeeded Clark. A. J. Simpson and John Baker were appointed Masters in Chancery in 1838. Michael Mavity became Associate Judge in 1938, rice Moulder. John W. Payne became Prosecuting Attorney in 1839, rice Charles Dewey.

SUNDRY CRIMINAL CASES.

Ou the 10th of August, 1833, Daniel Weaver and Peter Lindley, col- ored men. residents of the county, became involved in a fight during which the former stabbed the latter in the back between the shoulder blades with a knife to the depth of four inches, causing his death. Weaver was arrested and tried for manslaughter, John Law, prosecuting. and Thompson defending, but the jury disagreed. Upon the second trial which was fought with great stubbornness, Weaver was found guilty of manslaughter, his punishment being three years in the penitentiary and a fine of $5 and costs. In March, 1835, Lewis Peyton who had been arraigned for horse stealing, plead guilty and was sentenced by Judge Thompson to the penitentiary for two years and fined $5 and costs, and disfranchised two years. There were many cases in court during these years for selling goods without a license. In 1937 Peyton Cornell was convicted of assault and battery with intent to kill, and was sentenced to the penitentiary for two years and tined $1 and costs. In 1838 John W. Johnson was found guilty of grand larceny and sentenced to State's prison for two years. and fined $1 and costs. His attorneys were Thomas J. Throop and Arthur J. Simpson. The prosecutor was Charles Dewey. In 1839 William Kelley was convicted of grand larceny and sent to the

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penitentiary by Judge Thompson for two years, fined $1 and costs and disfranchised five years. His attorney was John Kingsbury. During the decade of the thirties there were several important cases involving large property interests. Some of these were in the settlement of estates. The largest estate administered in the county in early years was that of Jonathan Lindley during the twenties.

PROFESSIONAL CHARACTER OF PORTER, WHITE AND COLLINS.

The professional character of Judge John R. Porter somewhat resembled that of Charles Dewey. He was deep in the law, long-headed and sagacious, and was a great student, not only of his profession, but of general literature as well. In argument he was very convincing, both to court and jury. Through his addresses ran a vein of satire that always revealed the skeleton in the closet. His arguments were substantial, comprehensive and well sustained by authority, but lacked that smooth plausibility which usually misleads. He was tall, spare, fine-looking, dignified, but could descend when necessary to great depths of familiar- ity. He was a Whig, though rather inactive, and moved to Covington at an early day. Albert S. White, an ardent Whig and politician possessed high natural talent. He was afterward sent from Lafayette to the Lower House of Congress, and to the United States Senate. He was small, dark- complexioned, singularly honest, and was one of the most profound law students in the State. He was cool and deliberate in debate, but when warmed up became brilliant, eloquent and very effective. He was adroit, subtle, pungent, daring. an excellent judge of men, observing, perplex- ing, vivacious, and became the master of whatever he undertook. He possesed the remarkable power of grasping the vital points of a case, apparently by intuition. He lived for a short time at Paoli. James Col- lins possessed great force of character, and never deserted his client as long as there was a listening court. The law was scarcely explored deeper than he went. Authorities in point could be quoted in abundance when occassion demanded. Thoroughly reliable, he gained not only the confidence of his clients, but kindled their admiration as well, by his faithfulness, persistence. probity and deep intelligence. He was tall, anburn or dark complexioned, very successful in practice, grave, with- out austerity, mirthful, without buffoonery. He also was a Whig and one of the most popular practitioners.

OTHER SUPREME COURT CASES.

There were but few really important cases tried in the county during the decades of the forties and fifties. Those that lengthened out were caused more by the amounts involved than by important legal or equit- able principles to be established. Men will often go to law with no case, in hope of gaining their point through technicalities, or a bewildered

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jury. Cases which were appealed to the Supreme Court began to multiply during the above mentioned decades. None was of much importance; the following were the most conspicuous:

In 1842. Margaret Watson, formerly the wife of James Pearson, deceased. and now widow of B. M. Watson, deceased, filed a bill in chan- cery against J. G. Clendenin and others, claiming dower to a tract of land in Orange County and to several lots in Paoli. The defendants demurred alleging multifarionsness, but the demurrer was overruled. The bill of the plaintiff was dismissed. finally, for want of equity. The property in question had been conveyed by James Pearson, and the real question at issue was whether Mrs. Watson's acknowledgement of such conveyances was sufficient. The Supreme Court held that as to Braxtan and Coffin, two of the defendants, the judgment of Judge Thompson must be reversed, but affirmed as to the others. James Collins was attorney for Mrs. Watson and Payne and Thornton for the defendants.

In 1844 Enoch Thompson filed a complaint before two Justices of the Peace against Henry Dougherty and William Johnson tenants, for holding over. etc., claiming $100 damages. The plea was not guilty. Dougherty had sold the property in fee-simple to Thompson, and at the same time Thompson leased the property to Dougherty and Johnson and at the end of the term of lease was to pay $100 conditioned that Dough- erty and Johnson would surrender the premises, and also conditioned that should Dougherty pay a certain debt by that time he (D.) might retain possession of the premises and take all interest in the same. Dough- erty and Johnson agreed that if the former did not pay the said certain debt in the time specified they would give up the premises. The Su. preme Court affirmed the judgment of the lower court, holding that the claim of $100 did not exceed the jurisdiction of the Justices, that the title to real estate was not involved in the cause, that to maintain snit it was not necessary for the plaintiff to make a tender of the $100 to Dough. erty. and that the relation between the parties was that of lessor and lessee. This case was a long one before the lower court, James Collins being attorney for Dougherty and Johnson, and H. P. Thornton for Thompson.

In 1850 J. G. Clendenin brought suit against John Frazier. Commis. sioner. on certificates of the New Albany and Vincennes Road, but being defeated in the lower court appealed to the Supreme Court with the fol- lowing result: "In the act of 1843, providing for the issue of certificates by the Commissioner (Frazier) of the New Albany and Vincennes Road,. for subscriptions in money or labor, the clause which pledges all money not otherwise appropriated accruing from the road for the redemption of such certificates, does not amount to a pledge but is only a promise on the part of the State that the certificate shall be paid out of the tolls that shall afterward accrue: and the Commissioner of said road cannot be sued (by Clendenin) on such promi-e." 29

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ATTORNEYS AND PROSECUTORS.

In 1840 Andrew J. Thickston and Elias S. Terry were admitted to practice; W. D. Rossetter in 1843. In 1845 William P. Otto became President Judge, Michael Mavity and William Case being Associates. Henry Hollowell succeeded Mavity in 1846. W. E. Niblack and John S. Watts were admitted in 1846. T. B. Kinder was admitted to the bar in 1846. John Baker was appointed Master in Chancery in 1846. Lyman Leslie became District Prosecuting Attorney in 1846. Samuel Frisbie was admitted in 1846. William Case, Associate Judge, died in 1847 and John Hungate succeeded him. Jesse T. and Joseph Cox were admitted to practice about this time. T. H. Thornton had been admitted a number of years before. Lucian Barbour was admitted in 1850. George A. Bicknell became Special Prosecutor in 1850. William Morrow was admitted in 1851. C. L. Dunham had been admitted for many years. In 1852 the office of Associate Judge was abolished, W. P. Otto continuing alone. At this time the Common Pleas Court was created. and the Probate Court abolished.

CASES OF ARSON, LARCENY, RETAILING, ETC.

In March, 1848, Martin Scott was convicted of arson and sentenced to the penitentiary for two years, and fined $1 and costs. Numerous ad quad damnum suits were instituted about this time over the Shirley mill property, at Orangeville. In 1848, also, three or four residents of the northern part of the county were convicted of grand larceny and sen- tenced by Judge Otto to the penitentiary for two years; securing a new trial, they were reconvicted, and received the same sentence, and a fine of $15 and costs, and were disfranchised tive years. William Linsey was sent to the penitentiary for one year for petit larceny. John Sanford and George Jones were sentenced to the penitentiary for two years each. for grand larceny. An important case was tried in 1848 over several town lots in Paoli: Cookerly, Schell, Cooper, et al., rs. Fetter, Dayhuff, Hazle- wood, Dougherty, Lindley, et al. The trial lasted several days, and exhausted court, jurors and attorneys. In 1849 William A. Bowles was indicted for practicing without a license, but, in court, upon his own motion, had the indictment quashed. In September, 1849, Michael W. Murray was tried by a jury for challenging to fight a duel. and. upon conviction, was fined 85 and costs. and imprisoned five minutes in the county jail. In September. 1850. Dr. W. F. Sherrod was tried for assault and battery with intent to kill Dr. W. A. Bowles, and was con- victed of assault and battery without the intent. and fined $2 and costs. The trouble resulted from some misunderstanding concerning the Mexi- can war. in which both men participated. Early in the fifties Jobn A. Lane and W. A. Bowles became engaged in several suits of trespass, etc. About this time the leading lawyers at the Orange bar were Simpson.

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Thornton, Baker, Collins and Cox. During the fifties numerous suits were begun by the New Albany & Salem Railroad Company against residents in the northeastern part of the county, to compel the payment for stock subscribed to assist the construction of the road, usually result. ing in favor of the road to the amount of from $100 to $400. Many cases were begun in 1852, and later, against John C. Bussick, et al., for retailing. A. J. Simpson became Prosecuting Attorney in the fall of 1852. In 1553 George A. Bicknell became Judge of the District Circuit Court. In 1852 William Langford was sentenced, upon conviction, to the penitentiary for two years for grand larceny. Many cases of counterfeiting and horse-stealing came up during the forties and fifties. There was an organized band of these criminals in this and adjoining counties, and several years elapsed before they were rooted out. An important case was the one by Joan A. Lane against Bowles, et al., con- cerning the French Lick Springs.

CHARACTER OF JUDGE SIMPSON.

Arthur J. Simpson practiced at the Orange bar for nearly fifty years, and stood at the head of his profession. He possessed more cunning and adroitness then any other resident attorney, unless John Baker be excepted. He was unusually energetic, a hard worker, and "died in the harness," being stricken down while addressing the court in 1881, in the case, the Methodist Episcopal Church rs. Benjamin Stinson. His tenac- ity and perseverance were remarkable, and contributed to his abundant snecess. He was plausible, excitable. indefatigable, subtle, fearless and entertaining, and was one of the most industrious of the resident attor- neys. He was a Whig, and was well known and well respected. At his death the following action was taken by the court here and the attorneys:

WHERE IS, In the merciful providence of an all-wise Creator, our father in the profession. Arthur J. Simpson, has been permitted to live to the ripe old age of eighty-five years. about fifty of which he spent in our midst a member of this bar. In the inscrutable providence of that same omnipotent power, he has been called to a final account of his stewardship here on earth, by which the ties that here so long bound us have been gently severed, and we are left to deplore our loss. Therefore,

Resolved. That with great pleasure our minds revert to our past associations with the deceased during the period of our respective acquaintance and relations with him. both personal and professional, and deeply deplore the great loas we in his death have sustained, both as a citizen and member of the bar.

Resulted. That the same pleasant emotions entertained by the members of the bar in reverting to the past. and the same profound sorrow at their great loss in the present deep affliction which his death produces. is fully appreciated and shared In by the community in which he has so long lived an active, energetic and worthy member.

Revierd. That while we realize that our loss and that of this community falls heavily on us and the community generally. we also realize that those connected with him by the endearing ties of consanguinity and affinity, must and do more keenly feel the weight of this afflicting dispensation of Divine Providence.

Resulred. That we do most heartily sympathize and condole with his afflicted

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family. in all the relations thereof. in their sad bereavement, and as a token thereof we will ask the Orange Circuit Court to cause the proceedings of this meeting to be entered on the records thereof, together with such eulogies as may be presented at the time, as testimonials of esteem and regard: and that a copy of the same be for. warded to the family of the deceased, and furnished each of the papers published in this county for publication, with a request that their exchanges publish the same. JOHN BAKER. WILLIAM FARRELL. Committee. TIo. B. Br-KIRK.

In a brief pointed speech Abraham Noblitt moved their adoption. and was seconded in an able eulogy by John L. Megeuity. Brief remarks were made by Messrs. Mavity, Martin, Farrell and Buskirk, and by Rev. Wright Sanders, who was present: thereupon, the motion being put. the resloutions were adopted Ou motion of William Farrell, seconded by William H. Martin, the Sheriff was directed to drape the court room in mourning, and leave the same draped for the period of six months.

FRANCIS WILsox. Chairman W. H. MARTIN. Secretary.

SUNDRY COURT ITEMS OF INTEREST.

In 1854 D. W. Lafayette became Prosecuting Attorney. In 1853 James B. Stewart, in eighteen suits against him on scire facias, was required to pay 8000, but the judgments were remitted by Gov. Wright. Samuel W. Short served as Prosecuting Attorney in 1953, and Thomas M. Brown in 1856-57. In 1857 a young man of the county was sentenced seven years to the penitentiary for rape. Robert M. Weir took the office of Prose. cuting Attorney in 1959. In this year Joseph Bostwick was sent to the penitentiary for two years for grand larceny. Milton S. Mavity was admitted to practice September 5, 1850. James N. Riley was admitted in 1960. Francis Wilson was admitted March 10, 1560. Numerous cases of retailing were tried about this date. C. H. McCarty was admitted in 1860, also George W. Wiltse. John Schultz was sent to the penitentiary for two years, was fined $5 and costs, and disfranchised five years. John R. Simpson was admitted to practice in 1801. At this time A. B. Carlton became Prosecuting Attorney. A. MI. Black was admitted in 1861.

PROFESSIONAL CHARACTER OF BAKER, PAYNE AND THROOP.

John Baker possessed deeper cunning than any other attorney ever a resident of the county. He was not well educated. being wholly self- made. and had studied under Mr. Simpson. from whom he obtained his early tactics. He had fine natural ability, was deep minded, and this fact. coupled with his singular cunning, made him eminent in his pro. fession. His penetration and comprehension made him an excellent real estate counselor, and his craft and skill gave him success where the merits of his case were obscure or altogether missing. Clients with improper claims. unjust demands, with little or no law or equity for them, went to him, and were often repaid by far greater success than they had hoped. He practiced about fifteen years in Orange County, and

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during that period edited a small newspaper for a short time early in the fifties at Orleans. He is yet living in Vincennes. John W. Payne, who lived at Corydon and enjoyed a large practice in Orange County, was in many essential respects just the reverse of Baker. He was tall, slender, anburn-haired, possessed a fine brain and a good education, and was, per- haps, the most high-minded and conscientious lawyer of southern Indiana. A client pressing an unjust claim was discountenanced by him. He was neither tricky nor unscrupulous. The moral sentiments pre- dominated. He was deep, skillful and thoroughly reliable, plausible, graceful. eloquent, and a jury lawyer of great power. Men saw from his manner that he could be depended upon. He was one of the ablest men of his day in the south end of the State. He was a Whig. Thomas J. Throop, also a Whig. was tall, rather fleshy, smooth-faced, rather dark complexioned, and had the nervons bilious temperament. His brain was large, and his judgment rarely excelled. His mind was judicial. He was successful in practice. He was plansible and effective with a jury, and was one of the best advocates, possessing wit, mirth and conversa- tional powers of a high order. He was a good citizen, moral, upright and enterprising. He lived many years in the county, and enjoyed a large practice and the respect of all who knew him.

SLAVERY IN ORANGE COUNTY.

In 185S W. A. Bowles was indicted for bringing seven slaves into Indiana and maintaining them there. in violation of the Constitution, in a state of slavery. He pleaded that the slaves were the property of his wife, and were only temporarily at the French Lick Springs, having been brought from Louisville for a short time for their health. The case went against him, however, he being fined $40 in.the Common Pleas Court; but he appealed to the Supreme Court. There were seven separate indictments for the seven negroe -. only one, as a precedent, being tried. While the case was pending in the Supreme Court Dr. Bowles appeared in court and announced. in answer to charges on the other indictments, that should the Supreme Court decide adversely to him he would plead guilty to the other six indictments. Proceedings on these indictments were then deferred until the decision of the Supreme Court was received, which decision being against him he accordingly plead guilty to the indictments and was fined a nominal sum and costs. This case attracted inch interest at the time, as a revolution on the subject of slavery was ensning. The hostile attitude of the North and the South, the Kansas war, the John Brown insurrection and the Dred Scott case, gave promi- nence to the Bowles cuse. Severe comments were made by the New York Tribune on the conduct of Dr. Bowles in endeavoring to establish slavery on the soil of Indiana. Other papers. far and near, commented on the case, making much more out of it than facts warranted.

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CHARACTER OF THORNTON, THE COXES, ET AL.

Thomas V. Thornton, son of H. P., was Deputy Clerk under John McVey, and while thus engaged studied law. He was tall, dark, slender, aristocratic, pompous, walked with a cane and a cigar, was well-educated, a good lawyer, a better counselor than an advocate and was cunning without unscrupulousness. He was County Clerk for fourteen years, thongh a Whig, but was turned ont early in the forties, chiefly by the efforts of Comingore, Albert, et al., who determined that none but a Democrat in a Democratic county should occupy that office. Harris Flanagan lived for a short time early at Paoli. He was a fiery Irish advocate and soon moved to the northern part of the State. T. B. Kinder practiced a short time before he went to the Mexican war. Jesse T. and Joseph Cox lived and practiced law at Paoli. They were quite success- ful in law, but their immoral proclivities were too preponderant for gen- eral popularity. Thomas Collins was admitted to the bar during the fifties. He was a good student, able of brain, plausible, effective, deep, even when a young man, but far more so in maturer years. He became Judge of the Jackson County District. A. M. Black also practiced law. but did not get far beyond probate matters. In this branch he became experienced, and secured a fair practice. Gideon Putnam. Thomas Clark, Simeon K. Wolf, G. W. Friedly and many other attorneys of sur. rounding counties practiced here.

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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 54

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