History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 55

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 55
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 55
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 55


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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THE HAMPTON.HENLEY MURDER.


In 1860 a murder occurred in Northeast Township, the circumstances being. briefly, as follows: John Hampton, a young unmarried man, had been paying his address to a young lady about whom the murdered man. Henley, had made observations, which roused Hampton to the determina- tion to kill him at the first opportunity. He accordingly procured a shot-gun, and without any effort of secrecy songht Henley and coolly shot him dead. He was indicted for murder, and convicted of that crime in the first degree, his attorney being James Collins, the prosecutor being R. M. Weir. The trial took place in Floyd County upon a change of venue, and resulted in conviction as above stated, and a sentence of imprisonment in State's prison for life. It was there. after the lapse of about four months, that Hampton died. Other attorneys than those mentioned assisted in the case.


THE M'CART MURDER CASE.


In 1864, when the Twenty-fourth Regiment was at home on veteran furlough, a murder occurred in Orleans. which was soon followed by another. Considerable trouble had occurred during a portion of one day between a squad of soldiers and several men at Orleans, of whom John McCart was perhaps the principal. As the soldiers boarded the train to go to Mitchell. McCart made some remark, which so roused one of them,


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named Parish, that he jumped from the train and came back, and in the encounter which followed was stabbed by McCart and soon died from the effects of the wound. The comrades of the soldier were wired the news, and all. to the number of about twenty, came back by the next train, no doubt to wreak vengeance upon McCart, who was found by them in a store in Orleans. They attacked him, striking him so with clubs and other- wise that death resulted. When the boys came back from the army some half dozen of them were indicted for killing McCart, the prosecution of only two. Columbus Brown and John F. Moore, coming to trial. Both were tried and acquitted and further action on the remaining indictments was dropped.


ATTORNEYS ADMITTED TO THE ORANGE BAR.


The order books of the Orange Circuit Court having been misplaced or stolen from the office, matters contained therein cannot be set forth in these pages, save what can be learned from the recollection of attorneys and others. The years missing are from 1861 to 1869. During that period William Farrell, J. W. Tucker, D. A. Kochenour, David Als- paugh, John W. Payne, Thomas B. Buskirk and others were admitted to practice, Farrell and Buskirk in 1868. In 1870 W. R. Harris, W. J. Stone. W. H. Martin, M. W. Elrod, William Throop and Thomas Hunt were admitted to practice. In 1871 R. J. Shaw, Joseph P. Throop and S. R. Tegarden were admitted. J. R. McMahan and W. T. Spicely were admitted in 1973; D. J. Overmyer and Nathaniel Hitch in 1874; W. A. Bell, S. J. Whitten, J. W. Sulenger, J. H. MeMickle and W. H. Talbot in 1875; W. J. Frazer, W. E. Hendricks, Abraham Noblitt and E. J. Wilson in 1576: John Alexander, J. F. Dillon, E. W. Black, C. H. Burton, J. D. Carter, C. H. Dillon, John J. Lingle in 1877; George A. Buskirk, Alvin Campbell, Cornelius Curry and John R. East in 1878; S. O. Foster in 1879; J. E. Baker, John Dougherty and John A. Zaring in 1880: Moses F. Dunn, W. R. Gardner, J. H. Willard, Robert Palmer. Among the later Prosecuting Attorneys have been Carlton, Weir, Brown, Shaw. Pittman. Tucker. East. Myers, Mavity, Duncan and the present incumbent of that office, Mr. Henley. Judge E. D. Pearson, who served from 1873 to 1879, is yet living at Bedford. His ability as a jurist and his eminence as an attorney are recognized throughout the district. His successor, Judge Francis Wilson, is singularly gifted in his profession and has risen by remarkable strides past old practitioners to his present eminence and popularity. His qualifications for the judgeship meet with the warmest recognition from the attorneys who practice before him, and from the Supreme Court, which rejudges his judgments upon appeal. As a pleader and a counselor he outstripped many of his com- petitors. It is said that the speech which particularly made him famous was the one delivered in prosecuting William Sanders for the murder of the Woodwards. Judge Wilson resides at Bedford.


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THE MURDER OF HENRY WIRES.


Soon after the war, about the year 1966, Henry Wires was murdered in Northeast Township, under about the following circumstances: The murdered man and Ambrose Parish were young men. and both were paying their attentions to the same girl. They became jealous of each other. and consequently very bitter, until finally Parish attacked Wires with a knife and stabbed him so severely that he soon died from the effects. Parish was indicted for the murder, tried, convicted and sen - tenced to the penitentiary for life, the trial coming up on a change of venue to New Albany. At the expiration of ten years, Parish was reprieved by the Governor.


THE WATKINS-FOSTER MIRDER.


In about 1368 William Watkins killed one Foster in Jackson Town- ship, under the following circumstances: Foster had accused Watkins of larceny, and had followed the latter and repeated the charge. even when Watkins had begun to move his family from the township. On the day of the murder Foster pursued Watkins with a blacksnake whip. declaring that he intended to give him a horsewhipping. Watkins entered a blacksmith-shop. and while there was approached by Foster, who was prepared to put his threat into execution. The attack was made, when Watkins caught up an ax and cut Foster down. He then. while Foster was prostrate and helpless, literally chopped him open with the ax. He was arrested and indicted, and the trial came on in 1871. The strong fact against Watkins was his act of chopping Foster in pieces after the attack of the latter was effectually repelled. The jury was so instructed that they returned the following verdict: We. the jury. find the defendant guilty of murder in the first degree, as charged in the indictment, and we assess his punishment at imprisonment for life in State's prison." The efforts of the defendant's counsel to secure a new trial resulted in failure, and the court sentenced Watkins to the peniten- tiary for life. Some time after this. for reasons noknown to the writer, Watkins was pardoned by the Governor. The prosecution in this case was conducted by Robert M. Shaw and Francis Wilson. and the defense by A. B. Carlton, William Farrell and Arthur J. Simpson.


CHARACTERS OF JUDGES OTTO AND BICKNELL.


William P. Otto, who succeeded John H. Thompson as Judge of the Orange Circuit Court, was politically a Whig. and was a resident of New Albany. He possessed the oratorical temperament of sanguin- nervous. He was dignified in court and elsewhere, and lacked somewhat in cordial sociability. He possessed a good judicial mind, and gave close attention to the evidence, and usually gave satisfaction to the opposing attorneys by his rulings. He was technical. but perhaps not more so than was demanded from the responsibility of his official position. His brain


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was of the highest type, and though he rarely practiced here, he was known to be an advocate of marked brilliancy. He was succeeded by George A. Bicknell, a Democrat, and a man of even higher talent than he possessed. Bicknell was also sanguine-nervous in temperament, and a stump orator of great fervency and fire. He exhibited higher social qualities than Judge Otto, and even greater culture and natural qualifi- cations for his judgeship. His knowledge of legal principles was com- prehensive and profound, and his mind was trained by years of hard study to the severest logic. His decisions stood well the examinations of the Supreme Court. Bicknell resided at New Albany, was in Congress, it is said, and is now one of the Assistant Supreme Judges. He served as Judge longer than any other man.


THE BOWLES DIVORCE CASE.


In August. 1868, Eliza Bowles instituted proceedings for a divorce from her husband, William A. Bowles, in the Orange County Circuit Court, npon various charges of improper conduct, and to secure such alimony as the jury might award, her counsel being Messrs. Buskirk, McNutt, Montgomery and Grubbs. The case was begun before Judge Bickneli. but as the defendant asked for a change of venue, upon the ground that the court was biased. Judge Delana R. Eckles was special- ly selected to hear the case. The trial began on the 1st of December, 1869, and continued from day to day until the 7th of the month, when the jury returned the following verdict: " We, the jury, find for the plaintiff, that she is entitled to a divorce, and that she have and recover of the defendant the sum of $25,000 alimony." The suit thus far had been stubbornly fought by counsel, and no sooner was the verdict received than every possible pretext to evadeor annul it was resorted to, but with- out avail. It is unnecessary to recite the facts brought out on the trial, as the heavy alimony indicates the tendency of the evidence in the minds of the jury. The real and personal estate of W. A. Bowles was found by the jury to be worth from $75.000 to $80,000. The conrt ordered that the payment of the alimuy should be by installments, at stated intervals, and should the defendaut fail to so make the payments, his estate was to be levied upon and sold to satisfy the judgment for ali- mon .. When all hope for hi- case was gone in the Orange County Cir - cuit Court. the defendant appealed to the Supreme Court, but was beaten there also. The defendant failed to pay according to the order of the court. and the interest, costs, etc .. raised the amount to be taken from his estate to nearly $40.000. Mrs. Bowles soon died, her claims and property became doubtful and scattered. and what finally became of her estate would be difficult to indicate. . This was the most noteworthy case of the kin ever in southern In liana. The attorneys distinguished themselves in their speeches and their management of the case. The


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attorneys of Mr. Bowles were T. L. Brown, A. B. Carlton, and T. B. and J. W. Buskirk.


THE MURDER OF THE WOODWARDS.


On the 18th of June, 1866, a bloody murder occurred in the western part of the county. About 2 o'clock at night one or more persons went to the residence of David Woodward, and when he appeared at the door in answer to their call, he was struck in the face with an ax and instantly killed. The murderer or murderers then entered the house and stabbed the wife and sister of the murdered man. so that they died, and also severely stabbed his mother, from the effects of which she never recov- ered. though she lived several years. William Sanders was arrested. charged with the crime, and waiving examination was sent to jail until his trial came off at Bedford on a change of venne. His counsel were Judges Mavity and Simpson and Dan Voorhees, while the prosecution was conducted by Francis Wilson and Thomas M. Brown, the Prosecut- ing Attorney. It was in this case that Judge Wilson delivered the strongest speech of his life up to that time. His speech was a master- piece, four hours in length, but the jury hung, and the prisoner was dis- charged on bail. He soon disappeared, forfeiting his bail, thongh noth- ing was recovered on the bond. Two or three others were indicted, but not brought to trial. Some time afterward William Cutsinger made a confession, implicating one Mckinney with the murder, but upon being brought into court he stated that he had been hired by William Sanders to make such confession, and was to receive $1.300 for so doing. McKin. ney managed to avert the course of law from himself. Some time after this, or about the same time, Cutsinger disappeared, and has not been seen since, and the opinion prevails that he was silenced or disposed of in some manner. The current belief to the present is that William San- ders is the guilty person, and that he may have had accomplices in this most bloody of all murders ever occurring in the county.


THE PROBATE COURT.


The first will admitted to probate, was in June, 1876, and was that of James Baker, with Hugh Holmes. executor. The second was that of Robert Holaday, in November, 1816. with Robert and Henry Holaday, executors. The third was William Goody's, the fourth William Wells', the fifth David Johnson's and the sixth Michael Burgar's. The first letters of administration were granted Joel Charles. on the estate of Robert Brown (deceased) May, 1816. The largest will admitted to pro- bate in early if not at any period in the county. was that of Jonathan Lindley, in April, 1928. He had owned many tracts of land scattered over the country, not only in Orange but in other counties, and when all this came to be itemized in the specific statements of a last will and testament, considerable space was required on the court records. The


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records seem to show that the county probate matter was done by the Associate Judges of the Circuit Court. Thomas Vandeveer become Pro. bate Judge in 1829, and served until he was succeeded by Burton Southern in 1835. Samuel Wible succeeded Southern in 1840. William Cathcart took Wible's place in 1847, and served until the office was abolished in 1952. At this time probate matters were transferred to a new court.


THE COMMON PLEAS COURT.


The first term opened February 14. 1853, with William Morrow in attendance as Judge. The first act was to admit Jonathan Payne and D. W. Lafallette to practice. The first case called, was John M. Reily. r's. Joshua Lewis, trespass on the case. This was dimissed on the motion of the plaintiff, at his costs. The next was an action of debt by Jere Wilson os. Zachariah Tate, A. J. Simpson representing the plaint. iff. and John Baker the defendant. The plaintiff recovered a judgment of $211 and costs. In the next case, Charles Magnaine and Paul Villier recovered a judgment against Z. Tate for $303 and costs, the same attorneys conducting the case. The next case was the State, vs. James King for assault and battery. with intent to murder. He was sent to the penitentiary for two years. This court was abolished in 1873. when its jurisdiction was transferred to the Circuit Court.


THE MURDER OF THOMAS MOODY.


This case, in all its bearings, was one of the most important ever in Orange County, and grew out of troubles which arose between families living in Lawrence County. Briefly, the facts were about as follows: An old man named Toliver, a widower with a family of grown children, married an elderly maiden sister of Thomas Moody, she having three brothers. Soon after this Toliver was killed in a runaway accident, and at the sale of his property in the settlement of his estate, Burt Jones. one of his heirs, had a fight with Thomas Moody over the questions of disposal of the property. Moody's sister, the widow of Toliver, was accused of theft, and in slander suits which resulted she obtained judg- ment for $1,500, which amount was collected. In these slander suits Daniel Voorhees, Frank Wilson and others represented the Moodys, and Buskirk, Tucker, Gordon, Lamb and others represented the Joneses and Tolivers. Some time after this, one night a small mob attacked the Moodys at their home. throwing torpedoes and other explosive and dan- gerous missiles into the room where the family were, and in the efforts of the latter to escape Thomas Moody was shot through the body, from the effects of which he in time recovered. Soon after this the Moodys removed to Orleans, which brought future developments of the case within the jurisdiction of Orange County. Thomas Moody became satis- tied that his enemies would not permit him to live long. and so stated to many with whom he talked. One evening in March, 1875, when return-


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ing to his home from up town. being somewhat later than usual. he was shot, as he entered his door, by some one and instantly killed. Two loads from a shotgun were emptied into his back, hip and side. This crime created much excitement, though not unexpected. The County Commissioners offered $1,000 reward for the murderers, the Moodys offered $3.000 and the Governor offered $500-in all, a reward of 84,600. After a time A. B. Jones. Eli Lowery and Cole Smart were arrested upon affidavit, charged with the murder, and in the trial before Justice Stio- son a week was consumed in giving the State's evidence. The defense rested without showing their hand, but the Justice bound Jones and Lowery over in the sum of $20.000 each for their appearance at the Circuit Court, and released Smart. Jones readily gave the necessary bail, but Lowery did not and was sent to jail. Here it was that Lowery turned State's evidence, implicating A. B. Jones, P. M. Toliver and Thomas Toliver and perhaps others. A. B. Jones. Lee Jones, Eli Low- ery. M. P. Toliver and Thomas Toliver were then indicted and put in the Paoli jail. While here, in the summer of 1876. the prisoners were attacked by a party of men, presumably from their neighborhood. but. having obtained revolvers in some unaccountable manner, they fired upon their assailants, who were driven off with some wounds, it is asserted. The prisoners were tried at Bloomington, the case of the State rx. A. B. Jones coming up first. He was convicted and sent to the penitentiary for life. Lee Jones received the same sentence. as did also Eli Lowery. In the case of Thomas Toliver the jury hung over an alibi, which had been pretty well proved. and afterward the further prosecution of his case was dropped. The jury also hung in the case of M. P. Toliver. and while thus hanging. the accused decamped for parts unknown. forfeiting his bond. from which nothing was realized by the State. The reward offered, as stated above. was paid to Harry B. Ward (detective). S. R. Tegarden, E. D. Millis and Charles H. Keeth. In this case the State's Attorneys in the various stages of the suit were: Friedly. T. B. Buskirk, Wilson. Dann. John Buskirk. Putnam. Mavity. et. al. ; and the counsel for the defense: Gordon, Tucker. Burton, McNutt. et. al. The contest was closely studied and fought. The parties concerned were wealthy, and could and did pay large attorneys' fees. Thomas B. Buskirk distin- guished himself in the prosecution of the murderers of Thomas Moody, and gained the commencement of that popularity which has continued with increasing strength until the present.


THE SEYBOLD MURDER SUIT.


In 1874 a young man named Andrew Seybold was killed at the Springs under about the following circumstances: Peter Mosier and William Tindall were being entertained there by two young ladies, and while thus engaged were thrown at with sticks or stones by several hoys. They ran out to resent the insult, and coming upon young Seybold,


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Mosier struck him violently over the bead with a heavy stick, from the effects of which he died that night or the next day. Tindall left the Springs without knowing the result of the injury to Seybold. and incantiously stated publicly that he (Tindall) had hit Seybold a hard blow. Mosier remained at the Springs, and upon learning that his blow upon Serbold would prove fatal, hastily left the county, going no one knew whither. Tindall was arrested. tried and convicted mainly upon his own incautious statements, and sent to the penitentiary for two years for the crime in reality committed by Mosier. The whereabouts of the latter are unknown.


THE BOUNTY CASES.


Under the call of October. 1863, for volunteers, the Connty Commis- sioners offered a bounty of $100 for each man necessary to clear the county quota of 186 men. That number was actually raised and mus- tered in to the credit of the county, and the bounty was paid to the sol- diers or their families. A few years ago a number of veterans who re-en. listed to the credit of the county under the above call brought suit in the Circuit Court to collect the bounty they had not received, but which had been paid to others who had been mustered in after such veterans bad re-enlisted, and had been credited to the county under the call. They took the position that the bounty belonged to the first 186 men credited to the county under the call, and urged that the bounty rightfully belonging to them by priority of enlistment had been wrongfully paid to volunteers mustered in after they had been. One or more suits were instituted as a precedent, and taken, it is said, to the Supreme Court, where the claims of the veterans were defeated, if the writer mistakes not, by the statute of limitations. At all events the veterans failed to secure their bounty.


THE HOMICIDE OF JAMES TYLER.


In July, 1834, Warren Foster. of Paoli, with a revolver, shot and almost instantly killed James Tyler, of Orleans, at the latter place. He was brought to a speedy trial upon a writ of habeas corpus and was easily acquitted in a few hours. The Coroner's jury had previously brought in a verdict of justifiable homicide. It was shown by the evi- dence that Tyler, without provocation, had publicly threatened to give Foster a severe beating. had followed him for that purpose, had climbed into the hack driven by Foster to administer the castigation, that Foster had commanded him to leave threatening to defend himself by shooting in case of attack; that Tyler had persisted deliberately, that Foster had tired over his head to warn him to cease the attack, and had finally shot him through the heart when it was found that Tyler was not to be turned aside. Foster bore such a good reputation and Tyler such a bad one, that public opinion, when familiar with the details, promptly acquitted the former, and the court in turn did likewise. This was a remarkable case of self-defense.


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CHAPTER VI.


PAOLI-THE ORIGINAL PLAT-THE EARLIEST RESIDENT FAMILIES-FHIST BUSINESS ENTERPRISES-MANUFACTURES-PORK PACKING, ETC .- MER- CHANTS, EARLY AND LATE-THE BANK OF PAOLI-INCORPORATION- ACTS AND OFFICERS-ORDINANCES, ETC .- SECRET SOCIETIES-NEWS- PAPERS-ORLEANS-THE PLAT-FIRST INHABITANTS AND MERCHANTS- MANUFACTURING ESTABLISHMENTS-INCORPORARION AND OFFICER -- THE SCHOOL BONDS-SECRET SOCIETIES-THE PRESS-THE RAILROAD -- THE FAIR-NEWTON STEWART-UNIONVILLE-PITT-BURG-ORANGE- VILLE-VALEENE-LANCASTER- FRENCH LICK -NEW PROSPECT- CHAMBERSBURG-MILLERSBURG.


I 'T is erroneously thought that the town of Paoli was originally laid out by Jonathan Lindley on land belonging to himself the year before the county of Orange was created, though this is a mistake quite natural and is readily understood when the facts are known. The land upon which the original town was laid out -the northeast quarter of Section 1, Township 1 north, Range 1 west-was purchased from the Govern- ment by Thomas Lindley May 27, 1S15. and the northwest and south. west quarters of the same section were purchased by Thomas Hopper, September 12, 1811. Early in 1816 the county of Orange came into existence under an act of the Legislature (see elsewhere) which appointed five Commissioners to visit the county, examine all the eligible sites. and permanently fix the seat of justice. This was done, the Commissioners fixing upon the northeast quarter of Section 1. above mentioned, on the land of Thomas Lindley. As they wanted more land than the northeast quarter, they also selected a tract of seventy acres on the east side of the northwest quarter of the same section, owned by Thomas Hopper. It became necessary for the Commissioners to secure the transfer of the title of this land to the county, and accordingly they bought of Thomas Lindley all of the northeast quarter-160 acres-for $1,000. and seventy acres of Thomas Hopper on the northwest quarter for $500, or a total of 230 acres for $1,500 bought for county purposes. At the time this land was conveyed to the county, certificates of sale were made out, and Lind. ley and Hopper were required to enter into bond with good and sufficient security to complete the conveyance by deed to the county. Lindley did this April 23, 1817, and Hopper April 22, 1817, or about one year after the sale of the land, and over a year after the creation of the county and the establishment of Paoli as the seat of justice. For some reason unknown to the writer, Lindley received only $800 for his land, though Hopper received $500, the amount named in the certificate and the deed.


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It is thought that Lindley received several lots in Paoli in lieu of the other $200.


The reason why Jonathan Lindley came in for so much credit and prominence in the affairs of the town now follows. At the first meeting of the County Board in the early spring of 1816 Jonathan Lindley was appointed County Agent, with full authority to have the county seat laid out into lots, and to transact all business concerning the land bought as above mentioned for county purposes. In his official capacity as County Agent he made out every deed to lot buyers, sold every lot, received the proceeds, whether in the form of money or negotiable or other paper, and on the other hand received the deeds in his own name, but in his official capacity, of the land purchased of Thomas Lindley and Thomas Hopper by the Locating Commissioners. In other words, he bought this land as County Agent, but as a matter of fact did not own it himself at all. By virtue of his office, and under the direction of the County Board, he laid ont 223 lots in April, 1816, a plat of the new town of Pauli being made on a large sheet of paper and copied into "Deed Record A," in the Recorder's Office. The first sale of lots, which occurred in April, 1S16, aggregated proceeds to the amount of $6,423. Lots sold for as high as $300, and many of the settlers living in the vicinity of the town became buyers. The fact that all the transfers of these lots were made by Jonathan Lindley, and the further fact that he laid out the town as County Agent, gave rise to the present prevailing belief that he laid out the town originally on his own land.




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