History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 88

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 88
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 88
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 88


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THE PEARSON MANSLAUGHTER CASE.


On the 1st of January, 1829, in something of a family feud, a sad homicide occurred. Patrick Pearson, with a pocket-knife, stabbed James Pearson. The latter died on the 4th of January. The grand jury pre- ferred an indictment for murder against Patrick Pearson. On trial he was found guilty of manslaughter, and was sentenced to the penitentiary for seven years. James Hammersly, Enoch Davis, John Crouch, Nathan Maudlin, David Boyden, Ezekiel Collier, John Manning, James Carter, John Downing, Abner (Mather) Martin, William Frakes and James Mckinney composed the jury that tried Pearson. Pearson was sentenced April 25, 1829.


THE HOUSH. BERKEY HOMICIDE CASE.


About Christmas, 1829, on Walnut Ridge, in the northern part of Washington County, a very lamentable tragedy occurred. Michael Berkey was a rural schoolmaster. He was a well-disposed, quiet, peace- able young man, conscientious in the discharge of all his undertakings. He had entered into a written agreement with several parents on the Walnut Ridge to teach their children. He entered earnestly into his work. The school was quietly moving on, but Christmas was approach- ing. the time when that savage relic of barbarism, "barring out," rarely failed to exercise cruel, tyranical sway. The young pedagogue per- ceived signs of the meddling approach of trouble-making outsiders. The following papers will clearly indicate the young teacher's well-founded apprehensions of approaching evil-if not of absolutely bodily danger to himself. The papers are unique, and portend a coming storm. They run thus: "Know all men by these presente, that I, M. Berkey, of Washington County and State of Indiana, do bind myself agreeably to agreement to treat my scholars to one bushel and a half of apples, on the 24th instant, and give them holiday from the evening of the 24th instant to the morning of the 4th of January next inclusive, and three days of the time to be made up by myself. and the balance to be lost by the school."


" We the undersigned scholars of the said Berkey, do agree to accept the proposals above stated, and defend the said Berkey, our teacher, against all other demands that might be made on the same occasion. Given under our hands this 21st day of December, 1829. Attest, MI. Berkey, Teacher. Palina Hattabaugh, Susannah Housh, Rebecca Blake, Eliza-


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beth Blake, Matilda Gowing, Malinda Gowing, Martin Gowing, Alex- ander Blake, Silas Killian, Ivy Stanfield, Henry J. Lumley, Arthur N. Stewart, Scholars."


Then follows a kind of proclamation on the paper on the part of the teacher, and an unsigned negation note in handwriting and style of some impudent boy. The teacher's is as follows:


" Agreeably to the custom of the enlightened people of country and in consequence of the mutual respect and veneration existing between the undersigned parties. I. the undersigned teacher, do agree and bind myself to treat my school, on the 25th inst., at the schoolhouse, to one bushel of apples and two gallons of cider; provided the school will bear the same to the schoolhouse; and we, the undersigned representatives of said school, do bind ourselves to defend said Berkey, our teacher, against all other demands that might be made on the same occasion. Given under our hands this - day of December, 1829."


To this the representatives' reply thus, word for word, and letter for letter:


"We the undersigned parties, Mr. Berkey, are not a greed to your proposals. We want two bushels of applese-two gallons of cider. We want holloday From chrismas till the day after New Years and you must lose all the time."


This note is the evident prompting of the outside big boys who were striving to instigate the school to "duck the master within an inch of his life," and whose actions led to the fatal results that followed.


From the court records it appears that the gathering at the school- house to "duck the master " took place on the 23d day of December, 1829. The big, rough, bully boy, with club in hand, was there. Excited aiders and abettors of wrong and violence toward rural teachers were there, and, in the artistic, quaint language of the old style indictment, Michael Berkey, "armed with a large horse-pistol loaded with powder and five paper wads" was there. Threatening what would happen, John Housh, a young man, advanced on Berkey. The assailant was bidden to stand back. Housh continued to press forward. Without intending to kill or seriously wound his assailants, for subsequent testimony showed that there were several, Michael Berkey discharged the wad-loaded pistol into the approaching crowd of advancing boys and young men. Uufor. tunately, John Housh was mortally wounded. Berkey was arrested and bound to answer for the shooting at the ensuing Circuit Court. Housh died on the 26th of December. Berkey was indicted for manslaughter. He was put on trial April 10, 1830. John H. Thompson, soon after Cir- cuit Judge, was Prosecuting Attorney at the time of the trial, but so intent on the conviction of young Berkey were some relatives of young Housh that they hired Harbin H. Moore, then the most eloquent advocate in the Second Judicial Circuit, to assist in the prosecution. Of the


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attorneys engaged in the defense of Berkey, Henry P. Thornton ranked first. He was then in the prime of life, and made a gigantic effort to save his young client from the penalty and shame of a State convict's cell. He forestalled the effect of Moore's closing effort by a terrific denunciation of venal, hired prosecution. Moore quailed under the cutting sarcasm of Thornton. The charge of venal prosecutor made a telling impression upon the jury, and Moore saw it, and confessed his embarrassment when he began the closing speech for the prosecution. His effort was grand, abounding in brilliant, flashing flights of eloquence, but with all its beauty and richness it was utterly powerless. After a brief retirement the jury returned to the bar with a verdict of acquittal. Public opinion sustained the finding of the jury. The unintended hom- icide of John Housh was a greater source of pungent regret to none more than to Michael Berkey.


PROFESSIONAL CHARACTER OF ATTORNEYS.


During the decade from 1830 to 1840 the following attorneys were admitted to practice at the Salem bar: William B. Slaughter, September 27, 1830; Arthur J. Simpson. October 9, 1830; Richard W. Thompson, September 22, 1834; Henry W. Hackett, September 22, 1834; James C. Wilson, March 23, 1835; Thomas V. Thornton, September 28, 1835; George G. Dunn, April 28, 1838; E. B. Thomas, September 24, 1838; John H. Butler, September 23, 1839; James G. May, September 23, 1839. Of several of these individuals their history beyond their admis- sion to the bar is wholly unknown to the writer. Arthur J. Simpson was a long resident of Paoli. He had a long successful practice. Of Rich- ard W. Thompson nothing need be said. Everybody knows Dick. When he was the bright young schoolmaster he was Dick. When he sought the editor's tripod he was Dick. When he became the young lawyer with fiery tongue, the promising young Representative and grave Senator in the Indiana Legislature he was still Dick. When he entered the halls of Con- gress and in the House of Representatives thrilled the hearts of men older than be, not " with thoughts that breath and words that burn," but with immortal gems of political truth eloquently told, truths that live when nations die, he was simply Dick. When with bleached locks but with vigorous body and youthful mind he swayed Neptune's trident at the head of the American War Department he was Dick; yet when lie became the proprietor of a potato and pumpkin patch, the boss of Wabash cornfields and broad acres of waving wheat he was finally the Uncle Dick, and sometimes the "Old Man Eloquent." Thomas V. Thornton was a man of no ordinary talent. He excelled at whatever he undertook. He died young. George G. Duun made a grand mark on the stump and in Congress. As a clear, logical debater in the National House of Repre- sentatives no one surpassed him. He passed away early in life. E. B.


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Thomas made a promising start at the bar, but fell early in life the vic- tim of consumption. John H. Butler is still living, a vigorous. active man. His successful career at the bar tells what industry, probity and studiousness will do for the young man. Judge Butler is a model man worthy of imitation. Of James G. May some one else may write .*


On the 18th of December, 1831, Judge Ross was re-commissioned as President Judge of the Second Judicial Circuit. William Phelps suc- ceeded Judge Patrick as Associate Judge, and Henry W. Hackett entered upon his second term. William H. Carter entered upon his second term as Clerk of the Washington County Circuit Court at the same date. On the 12th of April, 1833, Alexander Attkisson was commissioned Sheriff of Washington County, and held the office till he was succeeded by Stephen Hole in 1838. During the decade from 1830 to 1840 the Circuit Court docket was crowded with indictments for perjury, assault and battery with intent to kill, passing counterfeit money. and having in possession counterfeiters' tools, larceny, mayhem, manslaughter and murder. Com- paratively very few of these cases received attention. In September, 1831, Gilbert Hyatt was sentenced to seven years' imprisonment in the penitentiary for passing counterfeit money, and having in his possession counterfeiting apparatus. In July, 1834, John H. Thompson was com- missioned by Gov. Noah Noble Circuit Judge of the Second Judicial Circuit, to fill the vacancy occasioned by the decease of Judge Jobn F. Ross.


THE WOOD-KEPLEY MURDER CASE.


After a hotly contested trial, running through several days, George Kepley was convicted of murder in the first degree. His victim was his friend, and had been his guest, for some days. He had gone to the sta- ble to look after his horse when Kepley shot him with a rifle. The par. ties had been drinking. The trial commenced April 1, 1836. The man murdered was named Danjel Wood. The homicide occurred March 26, 1836. On pronouncing the death sentence on Kepley, Judge Thompson declared that the defense had been conducted with remarkable ability. Charles Dewey was the Prosecuting Attorney. As the homicide was without provocation, the prosecutor made a giant effort on behalf of the State. Of Charles Dewey, the Hon. Charles A. Wicliff, of Kentucky, who at one time came over to Indiana to conduct the defense in a noted murder trial, in which Dewey was prosecuting, said that no man's life was safe while Dewey was prosecutor. Wicliff insisted that no man of Dewey's great intellectual power and vast legal learning should fill the position of Prosecuting Attorney. That the innocent wrongfully accused, he maintained, were in very great danger of unjust conviction. The jury in the case were: Joel Wilson, Stephen Kendall, George Beck, Jr., James B. Huston, Josiah F. Perrin, David Patton, Christopher McClellen,


ยท See Biographical Department.


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James & Hair.


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Moses McClellen, Henry C. Monroe, Jesse H. Hungate and William Mitchell. After a hard fought battle for a new trial, George Kepley was sentenced to be hung on Friday, the 7th day of June, 1836. In pro- nouncing the sentence of death Judge Thompson was much overcome and wept freely, and when be concluded with the invocation, " May the Lord have mercy on your soul, " the condemned man responded in a loud, clear, distinct tone, "Amen! " George Kepley, in order to meet death, did not await the ready skill of Sheriff Atthisson. He took the business into his own hand, and rendered the old log jail in which he was con- fined famous, by hanging himself till he was dead a very few days after his condemnation.


THE MANSLAUGHTER OF JOHNSON.


On the day following the conviction of Kepley, Jacob Corn, a man of color, was put on trial under an indictment, charging him with the murder of Isaac Johnson, also a man of color. Again Charles Dewey prosecuted with his accustomed force, but the jury found Jacob not guilty of murder, but guilty of manslaughter, and assessed his punish- ment at five and a half years' imprisonment in the penitentiary. John- son was struck on the head with an ax on the 26th of March and died early in April.


OTHER CRIMINAL CONVICTIONS.


Abner Pitts was indicted for assault and battery with intent to kill, on a young man named Phelps, who afterward died. The indictment was returned into court on the 28th of April, 1836, And after numerous continuances. the case was abated in consequence of the death of Pitts. On the 12th of December. 1836, at Urmy's saloon in Salem, William Collins, with a pocket knife, stabbed Abner Pitts in the left side of the body below the ribs. Pitts lingered till the 1st day of January, 1837, and then died. On the 29th of the following March, William Collins was placed on trial for murder. John W. Payre was now Prosecuting Attorney. The prosecution of the case was an able work. However, the jury found Collins not guilty of murder but of manslaughter, and assessed his punishment at imprisonment in the penitentiary for ten years.


OTHER ITEMS OF INTEREST.


In vacation of the Washington County Circuit Court, a special meet. ing of the Associate Judges, to-wit: George May and Enoch Parr, was held at the court house in Salem, on the 29th day of August, 1938, at which meeting James S. Thompson was appointed Clerk pro tem. to fill the vacancy occasioned by the death of William H. Carter, Clerk of the Circuit Court of Washington County. George May became the succes- sor of Judge Phelps. He was a man of extensive reading, and of polished manners. He lived to the age of eighty.four, and retained a bright memory and a vivid relish for solid reading to the end of his life.


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James S. Thompson, the son of Judge Thompson, was a young man of considerable promise. Law was his profession. He died early. Eli W. Malott's name appears as Clerk of the Washington County Circuit Court, February 17, 1838. His records are all neat and in good form. October 2, 1838, Louissna Bowles, wife of the noted William A. Bowles, filed a petition for a divorce and alimony, which petition was afterward granted. John Webb was found guilty of larceny at the October term, 1839, and sentenced to six years' imprisonment in the penitentiary.


THE UNFORTUNATE CONVICTION OF JAMES BROWN.


A very sad and unfortunate conviction occurred at this term of the court. James Brown, an industrious, hard-working man, over three score and ten years old, was indicted and put on trial on a charge of assault and battery, with intent to kill his drunken son-in-law. His son-in-law was a huge, overgrown man. There was no question in the minds of Brown's attorneys that he was first assaulted and struck in self. defense only; but in the absence of witnesses to the contrary, the pre- sumption of law was against. His attorneys exerted themselves in the poor, old man's behalf, as they would have pleaded for their own lives, but all to no purpose. He was doomed to two years' confinement in the penitentiary. After sentence was pronounced he was heart-broken, and refused to sign a petition for pardon. He proposed to spend his remain. ing life in prison-hidden away from all who had ever known him. He died in prison.


OTHER IMPORTANT PROCEEDINGS.


In 1838 indictments were returned jointly, for man-slaughter. against William and Meritt Young; also a separate indictment for the same offense against William Young. Before being brought to trial, William Young died, and for some cause or other, Meritt Young was never tried. In 1830, probate business ceased to be transacted in the Circuit Court, and by statute Probate Courts were organized. They were made courts of record, but were of limited jurisdiction. From September 9, 1830, to January 3, 1852, six different Judges presided over the Probate Court. The reign of each occurred in the following order: Jeremiah Rowland. presided from September 9, 1830, to August 12, 1833; he was succeeded by Samuel Peck, who continued in office for seven years. Isaac Thomas went on the bench in 1840, at the November term, and served till 1848, when Thomas D. Weir took the office. The last of the Probate Judges was Townsend Cutshaw. His term of service began November, 1851. He remained till he was legislated out of office, when Probate Courts gave place to Common Pleas Courts. Thomas D. Weir was a grad- nate of Hanover College. Before his promotion to the bench, he had been admitted to the bar. Particular mention of Judge Rowland has already been made. Peck, Thomas and Cntshaw were mechanics of more


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than ordinary intelligence, and before their promotion to the bench, each had had long experience as Justices of the Peace. The jurisdiction of the Court of Common Pleas was much more extensive than was that of the Probate Court. It existed twenty years, and during that time, six men presided over the court at Salem. On the 3d of January, 1852, William Morrow took the position, and held the office till January 19, 1856. Fred W. Mathis, of Harrison County, followed, and continued to hold the place till 1861. Amos Lovering, of Clarke, succeeded. William W. Gilliland, of Floyd, presided a single term. Patrick Jewett followed Gilliland, continued to hold the office about eight years. Charles F. Ferguson was on the bench, when the Legislature abolished the court and transferred its business to the Circuit Court.


LATER MEMBERS OF THE BAR.


Among the lawyers admitted to the Salem bar between 1839 and 1846 there were several who afterward became quite noted men. The list inclusive runs thus : William A. Porter, James S. Thompson, Andrew J. Malott. Theodore J Barnett. Cyrus L. Dunham, Thomas C. Anthony, Clark M. Anthony, William D. Rosseter, Randall Crawford, William T. Otto, George May, Jr., Isaac N. Heylon and Henry Collins. In the proper place it will appear that Mr. Otto was the successor of Judge Thompson as Presiding Judge of the Second Judicial Circuit. Cyrus L. Dunham reached the House of Representatives in the Indiana Legis- lature, and served several years a Representative in Congress. Barnett was eloquent at the bar and on the stump. William A. Porter was Speaker of the Indiana House of Representatives, a fine classical scholar, a solid lawyer, a devoted friend of education and lived to an advanced age. Randall Crawford was a very able lawyer, and as a clear, logical reasoner, he had no superior at the bar. George May. Jr., spent about twelve years of his early manhood in the teaching work. As he obtained the means, he purchased choice legal works. and devoted his spare hours to careful law study. He was a very popular young man, and before he was admitted to the bar was elected a member of the Indiana House of Representatives. When he was admitted to practice he had accumulated quite an extensive library of choice law books. For a number of terms he was Prosecuting Attorney of the Washington County Circuit Court. In November. 1870, he was thrown from a horse and fatally injured.


A LONG CATALOGUE OF ATTORNEYS.


The long roll of lawyers admitted to practice at the Salem bar from 1846 to August, ISS1, is worthy of careful examination. Sir William Jones, long ago in a bright, pungent, poetic effusion asked and answered the thrilling question, " What constitutes a State ?" He answered, "Men-Doble, intelligent, patriotic, brave men." The history of the


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American Revolution presents a noble story of unflinching courage and enlarged intelligence existing in the profession of the law and ministry.


Let the thoughtful reader scan carefully the following additional roll of legal names admitted to practice at the Salem bar: John S. Davis, T. B. Kinder, George A. Bicknell, Lyman Lesley, John M. Lord, Thomas P. Baldwin, Horace Heffren, Jesse T. Fox, Newton Booth, A. C. Voris, Zachary Gamott, Hosea Murray, M. D. L. Prow, Newton F. Malott, Hamilton S. McRae, William K. Marshall, John M. Wilson, Samuel D. Reedus, Simeon K. Wolf, Robert M. Weir, Patrick H. Jewett, Elijah Heffren, John I. Morrison, Samuel W. Short, David W. Lafollett, A. B. Carlton, Jason B. Brown, Noble C. Butler, James A. Ghormley, P. A. Parks, William T. Jones, Thomas L. Collins, J. R. E. Goodlett, Alfred B. Collins, John H. Stotsenburg, Moses F. Dnnn, George Dunn, James V. Kelso, John H. Lewis, Isaac N. Caress, Fred L. Prow, Thomas M. Clark, Samnel O. Hnston, H. D. Wilson. Jonathan S. Butler, John Liv. ermore, John F. Crowe, Joseph Troxall, Frank Wilson, Frank Lester, E. B. Caress, James M. Caress, William B. Hults, John S. Denny, James W. Prow, Asa Elliott, B. H. Burrell, Ralph Applewhite, E. C. Devore, John A. Zaring, Thad Huston, William H. Ward, Robert W. Myers, John E. Belysen, James Baines, C. C. Menangh, H. C. Duncan. George W. Denbo, B. P. Douglass, Samuel B. Voyles, John Q. Voyles. George W. Friedly, Harvey Morris, David M. Alspaugh, John C. Lawler, Samuel H. Mitchell, Robert B. Mitchell, William H. Paynter, William T. Bran- aman, Charles L. Jewett, Alexander Dowling, Warder W. Stevens, S. D. Hendricks, J. Robinson Funk, William Farrell, Maj. W. Funk, William H. Thompson, Thomas Buskirk, Joseph Daily, Samuel J. Wright, Will- iam Tracewell, Robert Tracewell and Isaac N. Hoagland. In a hasty search of legal records, running through a period of seventy years, the names of some attorneys may have escaped notice. Such was the case with the very last name in the long roll. Mr. Hoagland was practicing at the Salem bar as early as 1840. Had considerable legal business in the eastern portion of Washington County. He was a resident of Scott County, and had served in the Legislature. Many of the men whose names appear in the foregoing list, made the diligent, wise man's mark in the world. Some are still young in life's great struggle; and others are simply, constitution-made lawyers, and nothing more.


COURT DISTRICTS AND OFFICERS.


At first Washington County was in the Second Indiana Judicial Cir- cuit, or District. Afterward, by legislative enactment, it became part of the Third, now it is part of the Forty-second. The Second District- Clarke, Scott, Jackson, Lawrence, Orange, Washington and Floyd. The Circuit Judges of the Second Judicial Circuit, coming after each in the order of their names, and subsequent to the presidency of Judge Thomp.


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son, were: William T. Otto, of Jackson, afterward a resident of New Albany, then George A. Bicknell, of Scott, now of New Albany, followed. Thomas C. Slaughter, of Harrison, was Circuit Judge of the Third Dis- trict, but Judge Emerson preceded Judge Slaughter, by appointment of Gov. Hendricks, filling a vacancy. Thomas L. Collins, the present incumbent, has for a number of years presided over the Forty-second District. From the bench Judge Bicknell was promoted to a seat in the lower house of Congress. He is now a Supreme Court Commissioner. Judge Otto was, for a number of years, in the Department of the Inter- ior, and then became Clerk of the Supreme Court of the United States. The examination of the records, essential to the preparation of the his- tory of the bar and bench, proves that the court records, ever since Col. Jonathan Lyon came into office have been admirably kept. Indeed the work was well done by Gen. De Pauw, his immediate predecessor.


SUNDRY EVENTS.


Notwithstanding the numerous amount of gore that has drenched the soil of "Old Washington," no Sheriff of the county has ever had the undesirable privilege of making any rogue feel the "halter draw." J. F. Cutshaw. Clerk, and D. C. Shanks, both died in office. At this writ- ing it is discovered that Thomas N. Jordan, an accomplished Court Clerk. who wrote a long time in the Clerk's office for W. C. De Pauw, was admitted to the bar September 3, 1855. On the 26th of March, 1849, Wiley Pullian was indicted for passing counterfeit money, but he made good his escape from the vigilant officers of the law, and was never brought to trial. On the same day Jonathan Odleston alias James Odle was tried for forgery, convicted and sentenced to the penitentiary for two years, George May, Jr., prosecuting the pleas in behalf of the State. At this term of the court Enoch Parr and William Wilson are on the bench as Associate Judges, and Josiah Burwell, fresh from the conquest of the noted city of the Montezumas is playing Sheriff.


THE MYSTERIOUS DEATH OF VARIS.


In the latter part of September, 1840, a great excitement pervaded a large part of Washington County. A Kentuckian, not having his ready pop convenient, got into a fight with a Johnson County Hoosier named Varis, and was rather roughly handled. After the fight Varis made his escape. The Kentuckian was terribly enraged, and offered money to secure the arrest and punishment of the escaping man. He was pursued by several parties for a night and a day. The pursuing parties returned and reported Varis not found. A few days thereafter, about six miles northwest of Salem, the body of Varis, with the head severed from the trunk. was found. Thereupon. A. M. Crooks, a Salem Justice of the Peace, issued a warrant and bad John Goodwin, Jeremiah Dennis, Michael Attkisson and Isaac Gordon arrested and brought before him on




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