History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 87

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 87
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 87
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 87

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).

On the 21st day of November, 1814, Jesse L. Holman and Simeon Lamb, produced their commissions from the Governor of Indiana Terri- tory appointing the said Jesse L. Holman Circuit Judge of the Second Circuit of the Indiana Territorry, and the said Simeon Lamb Second Associate Judge for the county of Washington. The minutes of the court say that silence was commanded and the commissions were read at the court house in the town of Salem, on the 21st of November, 1814. This must be an error, because on the 24th of the subsequent December, the records say that a special term of the Circuit Court was held at the house of John G. Clendenin in the town of Salem. This special term was held by Judges Simeon Lamb and John MI. Coleman. On the 15th of September, 1814, is the first record of the appointment of Circuit Court Clerk for the county of Washington. Basil Prather presented his commission from the Governor of Indiana Territory. At the same term of the court, John F. Ross was reappointed Prosecuting Attorney for the county of Washington.

OTHER COURT OFFICERS.

At the November term of the court, the name of William Hendricks, afterward Governor and United States Senator, first appears as a member of the Salem bar. At the same term, November, 1814, Alexander Buckner appears as an attorney in a slander suit. At the November term, 1815, John Kitchell appears as one of the Associate Judges. Also, at this term, Simeon Lamb presented a commission from Thomas Posey, Gov- ernor and Commander-in-Chief over Indiana Territory, appointing the said Simeon Lamb an Associate Judge of the Washington County Cir- cuit Court, during good behavior. Joseph Kitchell held a similar commis.

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sion, and in the absence of Lamb, at the preceding term of the court had qualified, taking a seat on the bench. Lamb insisted that he had not been removed by impeachment, had not resigned, nor had he left the Territory, and wax therefore entitled to the seat, but the Court held otherwise. At the April term, 1816. Alexander Dunn was appointed Prosecuting Attor. ney, and John Fletcher was admitted to all the privileges of an attorney and counsellor at law. At this terin of the court William Lowe is on the bench, as an Associate Judge, and the Prosecuting Attorney refuses to prosecute further two indictments for forgery, and four for assault and battery. It also appears that that term of the court was held in the new court house. At this term of the court, one William Lee was tried on an indictment for larceny and acquitted. This was the second larceny indictment against him, and the second acquittal.

A NOTABLE LARCENY CASE.

On Tuesday of the April term a very remarkable trial came off, remarkable for both cause and results. An indictment for larceny had been returned into court against Thomas Bealor. The defendent was arrested and put on trial. The jurors in the case were Joseph Para- shaw, John McGrue. Joseph Allen, William Wright, David Sears. Sam- nel Blankenbaker, Jacob Garrett, Joseph Reyman, William Glazebrook, William Hobbs, William Marrs and Ephraim Goss, all of whom were in legal parlance good and lawful men, duly elected, tried, and sworn the truth to speak. In the trial of the case. every point was vigorously con- tested. The attorney for the defendant pleaded in behalf of his client, as he would have pleaded for his own liberty and character. The sturdy jurors were patient. attentive and most respectful. Having given heed to the vigorous presentation of the case. both on the part of the prosecu -. tion and defense. the jurors retired to determine what kind of a verdict justice and law demanded at their hands. Having duly, wisely and properly considered the whole case, they returned into court, and ren- dered the following verdict:

We of the jury find the defendent guilty as charged in the within indictment. and we further find the value of the property stolen 10 be 16t cents.

WILLIAM HOBBS. Foreman.

The minuteness of the verdict and the estimated value of the property stolen show that in Territorial days people were expected to be honest to the penny. As a matter to be expected, the defendant and his attorneys were not satisfied with the verdict. A new trial was sought. The Court allowed a day for presenting reasons and hearing arguments thereon. After a patient hearing and due consideration, the Court refused to grant a new trial and proceeded to pronounce the following judgment on the verdict :

The said Thomas Bealor was sentenced to pay to Richard Newkirk, the person whose property was stolen, the sum of 169 cents, and that he make his fine to the

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United States for the use of the county of Washington in the sum of 33; cents, and the costs of this prosecution, and that the said defendant stand committed until the sentence aforesaid is performed.

Bealor's attorneys were Hurst, Hendricks and Meek, all able men. When the Territory became a State, William Hendricks was Indiana's first Representative in Congress. Henry Hurst was a power at the bar.

SLAVERY IN INDIANA TERRITORY.

In territorial days the Judges of Circuit Courts proved themselves the intense champions of Freedom. From the records of Washing- ton County, it appears that Henry Wyman had been a slaveholder in Kentucky, prior to his settling in Indiana Territory, and that prior to 1808 he immigrated to Clark County, bringing along with him a slave boy about seventeen years of age. On the 8th of March, 1808, Henry Wyman and Harry Mingo, the slave boy alluded to, came personally before Sam- uel Gwathney, Clerk of the Court of Common Pleas of Clark County, and then the said negro Harry and the said Wyman agreed that Harry will serve the said Wyman, his heirs, etc., from this day until the 9th day of March, 1868. Afterward, as many as four different times Harry Mingo brought Harry Wyman before the Washington County Territorial Circuit Court. Once Harry brought suit against his assumed master for trespass in assault and battery. In every instance the judgment of the Court seemed just toward the person of color.

FIRST COURT UNDER STATE CONSTITUTION.

On the 16th of July, 1816. Alexander Little sat as Associate Judge, and at that date Alexander Dunn is re-appointed Prosecuting Attorney. Ou the 7th day of November, 1816, Indiana was admitted into the U'nion as a State, and on the 18th of the same month the Washington County Circuit Court convened at the court house in Salem, with Godlove Kemp and Samuel Huston as Associate Judges. On this day no business was trans. acted, and the court adjourned to the following morning. On the follow- ing morning Jesse L. Holman, Circuit Judge, with Godlove Kemp and Samuel Huston, Associate Judges, held the first court under the new order of things. On the court docket there was much business untin- ished which originated under the territorial dispensation. In the Ter- ritorial Circuit Court all prosecutions for misdemeanors and crimes were in the name of the United States. Under the new order of things, the State of Indiana is substituted in the place of the United States. At this term of the court, Henry Stephens. Harbin H. Moore, and Ebenezer McDonald were admitted as counsellors and attorneys at law.

EARLY COURT PRACTITIONERS.

At the April term, 1817, commencing on Monday, the 14th of April, the new order of things appears to have been formally inaugurated.

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HISTORY OF WASHINGTON COUNTY.

David Raymond came upon the bench as Circuit Judge, with Godlove Kemp and Samuel Huston, Associate Judges, and the minutes of the court say " The following gentlemen made application and were admitted to practice in said court as attorneys and councellors at law, to wit: Harbin H. Moore, John H. Thompson, Ebenezer McDonald, John F. Ross. Benjamin Ferguson, William Hendricks, Alexander A. Meek, James R. E. Goodlet, Charles Dewey, Reuben Hedden, Alexander R. Macey, Alexander Dunn, Davis Floyd and Henry Hurst." To practice ex gratia for the term, William R. Babbett was admitted. Of the foregoing list of attorneys, Davis Floyd, John F. Ross and John H. Thompson all became Circuit Judges of the Second Circuit, in the order in which their names occur. Charles Dewey became a Judge of the Supreme Court, and Goodlet afterward obtained the title of Judge. William Hendricks succeeded Jonathan Jennings as Governor of Indiana. John H. Thomp- son, before he became Circuit Judge, was Lieutenant Governor, and the very eloquent Harbin H. Moore made the race for Governor in 1828, but was defeated by James Brown Ray.

THE FIST AND SKULL AGE.

The Second Judicial Circuit under the Territorial rule was in oper- ation a little over three years, and what at this date seems very remark- able. is that, during that brief period, seventy-three indictments for assault and battery were returned into court by the several grand juries. It would seein that those three years were a part of the "Fist-and-Skull Age." Another thing very noticeable is the great number of applications for divorces in a country so new. Also, slander suits were unpromisingly numerous. In those early times there must have been many liars and tat- tler«. Another point demanding very special attention, and worthy of be- ing told often, and far and wide, is that during the three Territorial court years, in the then widely extended territory of Washington County, not a single case of murder or manslaughter occurred. When Indiana became A State, Washington County had within her limits 7,317 inhabitants. With the foregoing record looking the present community full in the face. the conclusion that the " Fist and Skull Age" stands much above the existing age of the knife, shot.gun and pistol, is exceedingly just.

In the minutes of the April term, 1817, the name of Henry Dawalt appears as Deputy Sheriff, but there is no intimation relative to the per- son who filled the office of Sheriff during the years 1816 and 1817, but a suit instituted in 1818 reveals the name of the Sheriff for the years named. Col. Henry Dawalt was one of the Washington County pioneers, a farmer who lived to an advanced age, well known and much respected. At this term of the court an indictment for assault and bat. tery is recorded against a man bearing the euphonious name of Elijah Vanlandingham. Tradition tells not what became of Vanlandingham

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and his posterity, but the minutes of the court say that he entered the plea of guilty to the indictment, and was fined the sum of 50 cents and costs of prosecution. In Territorial days, courts, at times, had consider- able annoyance from some of the lawyers. On one occasion the Judges of the Washington Circuit Court concluded that Henry Hurst, an able lawyer, a men of bull-dog courage and indomitable endurance, had treated Court with contempt. As a mete punishment the offender was com- mitted to jail for the period of six hours, but while the Sheriff was con- ducting the offending lawyer to prison, the Court changed the penalty to a fine of $25. Over this change Hurst battled with the Court for a long time, and finally took a change of venue to Harrison County. The con- tempt case grew out of an indictment against Hurst for assault and bat- tery.

At the July term, 1817, Umphrey Webster was admitted to practice as an attorney and counselor at law. Who he was, or what he became, tradition tells not.

THE SESSION OF NOVEMBER, 1817.

At the Washington Circuit Court held at the court house in Salem. on Monday, the 10th day of November, 1817, Associate Judges Godlove Kemp and Samuel Huston opening court. Davis Floyd presented his commission from Jonathan Jennings. Governor of the State of Indiana, as Circuit Judge of the Second Judicial Circuit of Indiana, and having been duly qualified thereupon took his seat as Presiding Judge of the Court. Thereafter. George Hite was admitted as an attorney and coun- selor at law, and Jeremiah Rowland was appointed Prosecuting Attorney until the commencement of the ensuing term of the court. Mr. Row- land was a fine classical scholar and a well-read lawyer. He was a prac. ticing attorney at the Salem bar for many years. At a later day in the same term, John N. Dunbar was admitted to practice in the court. At this November term, 1817, Jonathan Lyon, Treasurer of Washington County, instituted snit against William Hoggatt, late Sheriff of Wash- ington County, and against his securities, for failing to collect and pay over taxes due the county for the years 1815 and 1816. The sum claimed was $1.447.90. On the third day of the term the defendants craved oyer of the notice on which the action was founded, which was granted. Thereupon the defendants filed a plea in abatement. The defendants denied the legality of Lyon's appointment as County Treasurer. The question being submitted to jury, a verdict of legality was returned. On the sixth day of the term the plaintiff dismissed the action, no reason being given.

FAt a term commencing on the 9th of March, 1818, William Carpen- ter, Alexander Gilliland, Daniel J. Caldwell, Experience Porter Stores, Henry P. Thornton and Isaac Naylor were admitted to practice at the Salem bar, and at the same term John De Pauw was admitted to practice

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as an attorney and counsellor at law. Of the several gentlemen admitted to the bar at this term, Thornton, Naylor and De Pauw were all noted men. Naylor became a Circuit Judge in the Wabash region. De Pauw was a State Senator for Washington County for a number of years, and he was a member of the First Constitutional Convention. Thornton was an exceedingly busy lawyer, and filled a number of important trusts. At this March term of the court, Noah Wright filed a paper in court, show- ing that he was then Sheriff of Washington Connty. This is the begin- ning of the long reign of the Wright Brothers in the Washington County Sheriffatty. Levi succeeded Noah, and for many years one or the other of these brothers held that important office. So very popular were they that it was utterly nseless for any one else to try to be elected Sheriff. In that day no party conventions existed. Any person desirous of obtain- ing any office had to rely wholly on his own personal popularity. Alter. nating at periods of four years, the two brothers held the office of Sher- iff for sixteen consecutive years in the county of Washington. Noah Wright, after his repeated election victories, took his leave of the county and settled in Marion County, where he had invested largely in choice lands. Immediately after going out of the Sheriff's office in 1834, Levi met his first political defeat. He was a candidate for the State Senate, and was defeated by Judge Henry W. Hackett.

John R. Higgins was admitted to the bar at the October term, 1818. What is most remarkable about him is that more actions of covenant, debt, assumpsit, trespass on the case, and trespass vi et armis, were brought in the Circuit Court against him, than were ever brought against any other person in the county. For more than twelve consecutive years not a single term of the court passed at which actions were not commenced against him. With such a flood of legal business in court, it seemed absolutely necessary that he should become a lawyer. Jeremiah Rowland was re-appointed Prosecuting Attorney. and John Kingsbury, Charles J. Battell and Mason C. Fitch were admitted to the Salem bar. Mr. Kings. bury was a resident lawyer of Salem, and elected to represent the county in the State House of Representatives. At one time he acted as Justice of the Peace for a period of five years. He was somewhat eccentric, well-educated and well-read in law. At this term of the court, the troubles of the Clerk. Basil Prather, began to thicken. He had already been indicted for malfeasance in office, and had been acquitted. Now he was indicted for misfeasance, and was on trial, again acquitted. Every day he was becoming more and more the slave of a pernicious appetite for whisky, brandy and rum. At a subsequent term of the court, he was indicted for nonfeasance in office. but was acquitted on a trial jury. As he had about reached the end of the feasances, he deemed it best to resign his office of Circuit Court Clerk.

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THE FIRST INDICTMENT FOR MURDER.

On the 25th of September, 1816, Eli Lakey assaulted with an ax Joshna Lakey, striking him on the head and inflicting a wound, which in the extravagant indictment language of that day was described to be five inches long and four inches deep, of which wound, Joshua died the following morning. At the ensuing term of the court, Eli way indicted for murder in the first degree. He was never apprehended. The case remained on the docket till the June term, 1820.

John Mccullough, at the June term, 1819, was indicted for man-steal. ing, but on trial at a subsequent term, was acquitted. At this term a rule fining attorneys 50 cents for undertaking to address the court while standing without the bar was adopted.

SENTENCE OF THE LASH.

On an indictment for larceny, a jury of twelve men rendered the follow- ing verdict against Howard Gordon: "We, of the jury find the defend- ant guilty as charged in the within indictment, and do assess his fine at $3, and that he get two stripes on his naked back well laid on." This verdict was rendered at the October term, 1819. On motion, and after a very earnest struggle on the part of his attorneys, the verdict was set aside. and a new trial grunted. On the second trial the defendant was acquitted. A similar verdict on an indictment for larceny was, at the February term, 1821, rendered against Michal Rudolph. In his case a new trial resulted in acquittal. Consequently, corporal punishment for crime was not inflicted, as according to then existing law, it might have been.

In two or three early decades of the Circuit Court's existence, it was no uncommon thing for lawyers by contemptuous demeanor to incur the displeasure of the Court. At the October term, 1819, John H. Thomp. son, Jeremiah Rowland and Reuben W. Nelson were each fined $1 for contempt of court. The date of Mr. Nelson's admission to the bar was overlooked. He was a brilliant young man, with bright prospects as a lawyer. His career was brief. He was thrown by his horse and sud- denly killed.

INDICTMENT FOR GRAVE ROBBING.

William A. Bowles, a practicing physician, then of Fredericksburg. Ind., at the June term, 1820, indicted for digging up a human body, put in a plea of guilty, and was fined $10. His subsequent history is well known. He was very prominent in the treason trials of 1864. Judge Floyd at this term of the court reported the condition of the Clerks' office to be much out of order, and that the books and papers were kept in a very careless manner. This report of the Judge induced the resig- nation of the Clerk.

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HISTORY OF WASHINGTON COUNTY.

INDICTMENTS FOR MAN STEALING.

James J. Doyer and Nathan Miles, at the October term, 1820, were indicted for man-stealing, and afterward, Moses Singleton, a notorious negro trader of Shelby County, Ky., was indicted for the same offense. Not one of these persons was ever brought to trial. They escaped from the State, and thus avoided arrest.

The resignation of the Clerk occasioned some inconvenience. No one seemed to possess legal authority to make a pro tem. appointment. Legislative intervention was sought. Accordingly, the General Assembly passed a joint resolution authorizing the Associate Judges of the Washington County Circuit Court to appoint a pro tempore Clerk to fill the vacancy occasioned by the resignation of Basil Prather. This reso- lution was approved by Gov. Jennings, December 14, 1820. On the 16th day of December, 1820, Godlove Kemp and Samuel Huston assem- bled in special term, and appointed John Kingsbury Clerk of the Wash- ington County Circuit Court. At this point it should be noted that for the first twenty-five years of this court Revolutionary soldiers made application to the court for verification of military service preparatory to making applications for pensions. For years the records of the Wash- ington Circuit Court are burdened with lengthy proofs of Revolutionary service on the part of scores of these precious old veterans. Again, for many years the Circuit Court transacted all the probate business of the county. John Kingsbury's reign as Clerk was of very brief duration. On the 24th of February, 1821, Gov. Jennings commissioned John De Panw. Clerk. He promptly gave bond with the following citizens as his securities: Amos Thornburg, Samuel Grey, David Fouts, John E. Clark, Enoch Parr and John Parr. Thereupon, Jolin De Pauw, appointed as his Deputy, Albert Banks, who took the oath of office before Judge God- love Kemp.

OTHER EARLY COURT OFFICERS.

John Miles, at the February term, 1821, was admitted to practice at the Salem bar. At the September term, 1823, Thomas Douglass was admitted to practice at the Salem bar, and Martin Worley was found guilty of carrying concealed, deadly weapons, and was fined the sum of 81. At the March term, 1823, John H. Farnham was admitted to the Salem bar. He was a portly gentleman, of superior classical education, and a very able lawyer. He remained a citizen of Salem till his untimely death; he was a victim of cholera in 1833. At the October terin, 1823, Francis N. Moore, James F. D. Lanier, Thomas J. Langdon and Michael G. Bright were admitted to the Salem bar. Of this roll of lawyers, Bright and Lanier made a notable mark in the world. At the April term, 1824, the phases of the court were somewhat changed. The genial Kemp and the muscular Huston no longer supported and advised the lynx-eyed Ross. Indeed, the latter ascends the bench holding in his

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hand a new commission, bestowing upon him a second seven years' Presi- dency of the Second Judicial Circuit of Indiana. Ou his right is Eben- ezer Patrick, and on his left Henry W. Hackett, each with a seven years' commission as Associate Judges of the Washington County Circurt Court. Isaac Blackford, one of the Supreme Court Judges, had admin- istered the oath of office to Judge Ross, but Judges Patrick and Hackett received the oath of office from John McMahan, a Salem Justice of the Peace. On the same day, April 19, 1824. Jonathan Lyon appeared in court with his commission as Clerk of the Washington County Circuit Court. to serve for seven years from the 3d of February, 1824. John W. Payne, James Whitcomb and Hugh L. Livingston, at the April term, 1824, were admitted to practice at the Salem bar, and Andrew C. Griffith was admitted at the September term of the same year. All these became noted men, all were thorough lawyers and served in legislative bodies. Whitcomb became Governor and served in the Senate of the United States. Maj. Payne filled n merons important trusts. He was taken from the bar in the prime of life by that remorseless destroyer of physi- cal life-pulmonary consumption. William J. Huff was admitted to the Salem bar, April term, 1825.

THE FIRST INDICTMENT FOR RAPE.

At this term Wesley Monical, William Moore and Henry Webb were put on trial on an indictment for assault and battery with intent to com- mit a rape on the body of Margaret Blunk. After an exciting trial a verdict of guilty was rendered against each. Monical was sentenced to the penitentiary for five years and three calendar months; Moore, for five years and nine calendar mouths, and Webb for five years. After the commission of the crime there was great excitement all over the county, but not a single proposition to lynch the guilty men was made. The girl was regarded as partially idiotic, which intensified the excitement.

At the September term, 1825, John Kingsbury was appointed Prose- cuting Attorney for the term, and John H. Scott, Moses Gray and Henry S. Handy were admitted to practice at the Salem bar. Handy was, for a time, editor of the Annotator. At the April terin, 1826, Thomas J. Langdon. a member of the Salem bar, was put on trial on an indictment for barratry but was acquitted. James Moore and Henry Irvin entered a plea of guilty to an indictment for larceny and were sentenced to the penitentiary for the terni of two years. Moore was a finely dressed. gal- lant beau, usually filling the office of rural schoolmaster. On receiving his sentence, he threatened, at the expiration of his term of imprisou- ment, to turn Napoleon and revolutionize America. At a special term of the court, held at the court house, August 27, 1827, Judges Patrick and Hackett being present. Jonathan Lyon resigned the office of Clerk, and therenpon William H. Carter was appointed to fill the vacancy, and con-

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tinue in office until a successor shall be elected and qualified. Mr. Car- ter was a remarkably good Clerk. His handwriting was simply excellent. He was Col. Lyon's Deputy during the years that he held the office. During the years 1827 and 1828, several indictments for assault and bat. tery with intent to kill, were returned as true bills, but to notice all such running through the long period of seventy years would require a large volume, consequently only the signally exciting will receive attention.

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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 87

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