History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 89

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 89
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 89
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 89


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 presumption that they had murdered Varis, they being the parties that had pursued him. In the examining court James G. May conducted the prosecution, and John Kingsbury and others defended the prisoners. At the time of the arrest the grand jury was in session, and found an an indictment for murder in the first degree. A bench warrant was issued, and before the examination on the part of the State was quite completed, John McMahan, Sheriff, appeared in the Magistrate's Court and took the accused out of the hands of Justice Crooks, and led them into the Circuit Court then in session. The parties were duly arraigned, and each entered the plea of not guilty. The excitement in Washington County was intense, and on the 2d of October, 1840, the parties applied for a change of venue, which, under the circumstances, was readily granted. The venue was changed to Harrison County, and the trial ordered to begin on the third Monday of October. At the trial the accused were defended by Richard W. Thompson, George G. Dunn, John Kingsbury and others. John W. Payne conducted the prosecution. The State was ably represented, but the defense was the work of giant intel. lects. The parties were acquitted. The State's testimony in the Magis- trate's Court of Inquiry left little room to doubt the guilt of Goodwin and Dennis.


SUNDRY CRIMINAL CONVICTIONS.


On the 30th of March, 1841, St. Clair Collins was tried, found guilty of malicious mayhem, and sentenced to three years' confinement in the penitentiary. John W. Payne was the Prosecuting Attorney. The detail of the crime is unfit to appear in history. On the Sth of April, 1843, Samuel Vest, Jr., was tried for assault and battery with intent to kill, on Constable Russell, and sentenced to the State's prison for two years. William A. Porter then prosecuted the pleas of the State. At the September term of the court, 1847, a remarkable affair was tried. Three indictments had been preferred against Isaiah Spurgeon. The first contained a charge of assault and battery with intent to commit murder on M. M. Coombs; the second, assault and battery with intent to murder Harriet Coombs; and the third charged burglary and larceny. The defendant was found guilty on each indictment, and was sentenced to hard labor in the State's prison on the first and second fourteen years each, and on the third, eight years. making in all thirty six years' impris- onment. James Alvis. a Constable, was indicted and charged with the murder of Leonard Carnes. On the first trial the jury failed to agree, but at a subsequent trial, on the 30th of March, 1849. a verdict of not guilty. At this time Judge William T. Otto presided. March 25, 1846. Thomas Davis was convicted of forgery and sentenced to the State's prison for two years.


March 22, 1847, Rodolphus Schoonover was on the bench as one of the Associate Judges of Washington County. At this term of the court


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Henry Baker was charged with the murder of William Elkins, and a jury found him not guilty March 27, 1847. In this case there was no testimony except the defendant's admissions. It was night, and unseen, the parties were alone when the conflict resulting in the death of Elkins occurred. On the 2d day of September, 1851, the Court ordered the Clerk to certify that John L. Campbell and Horace N. Heffren are young men of good moral character.


On the following day Andrew Thomas was tried for assault and bat- tery with intent to kill Alfred Pringle. He was found guilty of the assault and battery without the intent, fined $200, and imprisoned in the county jail five days. Long before that date and ever since Alfred Pringle has been a bountiful customer of Washington County Courts. Long live Alfred! On the 7th of September, 1857, Peter Cloud, a negro, was charged with committing a rape on a young daughter of Andrew Knight. On the 12th he was arrainged in the Circuit Court, entered a plea of guilty, and sentenced to twenty-one years' service in the penitentiary. At the preceding March term George W. Lowery entered a plea of guilty to an indictment for grand larceny, and was sentenced to two years' confinement in the State's prison. Two females were indicted for murder in the first degree-Eliza Coffin, at the September term. 1857. and Eliza Fitzpatrick, at the September term, 1859. Neither care was ever tried. A. B. Carlton was prosecuting when the first indict- ment was reported. James F. Persise, Jr., was indicted, charged with the murder of John Redman, October 6, 1863. He was tried September 19, 1565, and acquitted. Thomas M. Brown prosecuted on the part of the State, and Cyrus I. Dunham defended Brown's prosecution dis- played much ability and legal acumen. Dunham's speech in behalf of the defendant was powerful, well calculated to elicit the sympathy and approval of any devoted father's heart. He maintained that every true- hearted brother should defend the character of an innocent, slandered sister to the " heart's blood itself." So concluded the jury. On the docket appear two indictments for assault and battery with intent to kill, on the body of Jacob Hedrick, and the other on the person of David T. Weir, neither of which resulted in conviction. The assault on Heddrick occurred in August, 1862, and that of Weir in February, 1865. These cases are mentioned together, because soon after Johnson fell at the hand of violence. Two other cases of indictments for murder in the first degree commenced in January, 1863, that have reached issue. John H. Wilfong and Michael Wilfong were jointly indicted, both charged with the murder of Willis Belyen and John Elixson.


THE CASE OF DELOS HEFFREN.


There were three indictments against Delos Heffren. The first Septem- ber 20, 1864, for assault and battery with intent to kill Cyrus L. Dunbam;


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the second for the murder of William R. Johnson, August 13, 1866; and the third for the murder of John De Halstead, June 20, 1873. Trials in the first two cases came to an issue. He was acquitted. In the third case Judge Lynch denied Judge Slaughter's right to delay the trial of the prisoner, took him out of the hands of the court, and condemned the unhappy man to instant death, and then directed his agents to lead Delos to execution. All of which met no denial. Delos was hung the 29th day of June, 1873. Delos had the reputation of being a fearless despe- rado, but it has often been said that in no instance of his life was he known to interrupt a civil man. In his second trial, his attorneys were D. W. Voorhees, James G. May and C. L. Dunham. After his imprison- ment a writ of habeas corpus was sued out of the Court of Common Pleas, Judge Jewett presiding. The aim was to admit the prisoner to a bail. In this conrt all the testimony in the whole case was taken and put in writing. In the course of the examination, Delos utterly refused to aid, by a single suggestion, his attorneys in their efforts. Judge Jewett refused to admit the party to bail. An appeal was taken to one of the Judges of the Supreme Court, and the prisoner released on bail. Whilst confined in prison. some of his fellow prisoners broke open the jail, and made a way of easy egress. The other prisoners got out and fled. Delos came out and walked about town a while and then returned to his cell. Such was the disposition of the young desperado. Shortly before his crnel murder of De Halstead, one of his counsel was met in Seymour by a fine, portly, well-dressed man, who used the follow. ing very expressive speech: "You have in Washington County entirely too many murders. The next one that occurs, your county will be visited by our men." This with emphasis he said, and " nothing more." Sure enough, for on Saturday, June 28. 1873. late in the evening, eighteen men from Jackson County, on their way tu Salem, crossed at Sage's Ferry, and before the Sabbath's gentle dawn the dead body of the unfor- tunate Delos Heffren was dangling from the arch of the stone bridge sonth of Salem. The "vigilants" did the unlawful work.


NUMEROUS CRIMES.


On the 21st of May, 1865, William H. Allen assaulted and stabbed his brother, Joseph M. Allen, inflicting a mortal wound. He was indicted for murder in the first degree, but evading arrest. he was never brought to trial. In 1867 Sarah J. Williams was indicted for murdering her sis- ter-in-law, Mary William. After an earnestly contested trial, she was found guilty, and doomed to a life-sentence. In September, 1867. Alex- ander White, an aged. inoffensive, colored man, was murdered on East Market Street, Salem. Robert Cline and Harvey Zink were jointly indicted for his murder. Zink was tried and acquitted. Cline evaded arrest. In February, 1868, Absalom Wright was struck on the head with


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a beavy gun, wielded by Walker B. Rodman. Lingering insensible for a few hours, Wright died from the effects of the blow. Rodman made his escape and was not arrested till April, 1878. He was put on trial for murder, and, after a very rigid investigation and able defense on the part of his attorneys, he was convicted of manslaughter, and sentence.l to the State's prison for twenty-one years. At a Good Templar's turn- out, in the court yard, at Salem, April 11, 1868, Henry C. Clark shot and mortally wounded George E. Telle, while walking in the procession Clark was indicted, tried, convicted and sentenced to confinement in the penitentiary for twenty-one years. After several years' service, ho was pardoned. Newland Tyler, a very young man, was tried at the June term, 1874, on indictment for murder and manslaughter, charging the unlawful killing of Frank Pitts. He was found guilty as charged in the second paragraph, and sentenced to two years confinement in the State's prison.


THE JOSEPH GOLLAHAN MURDER CASE.


A notable and very exciting murder trial took place at the September term, 1879. Thomas Joseph was charged with the murder of William Gol- lahan, in Brown Township. He was arrested and had a trial before a Jus- tice of the Peace. The Justice ordered him to prison, without bail, for grand jury investigation. Immediately after the commitment on the part of the Justice, a scheme for lynching the prisoner was devised. Sheriff Fultz being present, determined to defeat the aim of the mob, and bring the prisoner to Salem. The mob followed the Constable and Sheriff almost to Salem. but failed in their purpose. The following morning the Sheriff sent Joseph to New Albany for safe keeping. That night the mob came in force, broke into jail, but found no Joseph. In the mean- time an indictment for murder in the first degree, was preferred against Joseph. On Wednesday he was brought out for trial. During the day the Sheriff had a strong guard of citizens in the court house. At the adjournment of court, Sheriff Fultz seemed to return the prisoner to jail, but he did not. He manacled the prisoner fast to two stout, brave dep- uties, G. W. Roberton and W. Eaton, who in the darkness escaped to the woods and walked round in dark places all night. Again the mob broke into the jail, and found not the object of their anxious search. When court opened on Thursday morning, Joseph was brought in under a strong guard of citizens. In the meantime, Sheriff Fultz telegraphed the Gov- ernor to send military aid to Salem. At the adjournment of court, the Sheriff determined to remand Joseph to New Albany for the night, and summoned a host of law abiding citizens to safely guard the prisoner to the depot. In great numbers with sullen vicious looks, the vindictive mob was on hand around and near the brave citizen guards. No hand of violence was lifted. On Friday morning Joseph returned to Salem, under the escort of the Indianapolis Light Infantry. The trial proceeded


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without any serious inconvenience. It is true, the mob crowded the court room all day, but attempted no violence. Joseph was found guilty, and a lifesentence pronounced against him. On Saturday morning. the Light Infantry formed a hollow square with Joseph within, and thus con- ducted him to the depot. The scowling mob, at a safe distance, accom- panied the guard. Sheriff Fultz is entitled to much praise for the pru- dence. firmness and skill with which he managed the perilous affair. Another point in this case should by no means pass unnoticed. One of the " vigilants" in the second mob-visit to the jail was a Court.bailiff. Next morning when he came into court, in a manly, fearless tone, Judge Collins sternly said to him the " Court has no further use for your serv- ices ."


THE KNOWLES-LYNN FORGERY CASE.


An attempt was made to defraud the estate of the late Richard Rich- ardson by forgery on the part of William Knowles and John B. Lynn. The parties were jointly indicted for the forgery, but were tried separ- ately. Prosecutor Branaman chose to put Lynn on trial first. Lynn on oath maintained that he wrote the note at the special request of Knowles, and signed the name of Richardson, and that Knowles made what pur- ported to be Richardson's mark. The note thns executed was for about $1.000. Lynn testified that the note was made years after the death of Richardson. At the June term, 1884, Lynn was convicted and sentenced to State's prison for two years. At a subsequent day of the same term. Knowles was put on trial on a plea of not guilty. After considerable progress on the part of the State had been made, the original plea was withdrawn, and a plea of guilty filed. He was given a term of three years in the State's prison.


TWO IMPORTANT CASES.


Two cases of striking peculiarity were overlooked in their order of time. Simeon Lofton stabbed John Voyles, perhaps, September 8, 1857, inflicting a mortal wound. An indictment containing two paragraphs- the first charging murder and the second manslaughter, was found against Lofton. On trial, a verdict was rendered, imposing a penalty of two years imprisonment in the State's prison. An appeal to the Supreme Court was taken, and the judgment of the court below reversed. No further procedings in the case took place, and Loftou was free. The question arises, did the Supreme Court reversal end the case? On the 16th of December, 1865, Henry Isgrigg shot and killed David Coulter. Rumor still says that the shooting was done under much provocation. I-grigg was indicted for murder in the first degree. He was put on trial at the September term. 1866. Rumor still says that C. L. Dunham and H. Heffren prosecuted him with a vim so powerful and a vindictiveness bo bitter, that no other case ever prosecuted in the Washington County


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Circuit Court could exhibit a parallel. The jury rendered a verdict inflicting a life penalty in the State's prison. Col. Dunham is said to have expressed much surprise at the severity of the verdict. Some of Isgrigg's neighbors interested themselves much in his behalf, and in about two years secured bis pardon.


In closing this chapter, something is due the present resident lawyers. It is sometimes said they who are, do not equal those who were. This is a mistake. One who measured lances with every lawyer at the Salem bar forty years since has watched closely the work of those at the same bar now. and it his judgment that for every Oliver then, there is a Rowland now.


CHAPTER VI.


AY C. C. MESAUGH, E94.


HISTORY OF THE TOWNS OF WASHINGTON COUNTY-INTRODUCTION-SELEC. TION OF THE COUNTY SEAT-THE TOWN PLAT-EARLY RESIDENCES AND INHABITANTS-THE FIRST BUSINESS MEN-MANUFACTURER-MECHANICS ETC .-- PROMINENT MEN-PUBLIC BUILDINGS-INCORPORATION-CHOL- ERA-BANKS-SECRET SOCIETIES-FIRES-PRESENT BUSINESS-CAMP- BELLSBURG -- CANTON - MARTINSBURG - LIVONIA -- HARDINSBURG -- FREDERICKSBURG - LITTLE YORK - SALTILLOVILLE -- PEKIN - NEW PHILADELPHIA -SOUTH BOSTON-MOUNT CARMEL-HARRISTOWN- HITCHCOCK-CLAYSVILLE -- OTHER SMALL TOWNS.


TN the preparation of a historical sketch of Salem we shall be com- pelled to be brief, and it will be impossible to notice in chronologi- cal order, all the events pertaining thereto. We refer particularly to the early settlement of Salem, for when we contrast that time with the pres- ent we become lost in wonder at the progress in art and science. At that time steam was just offering its power and utility to man. There were no railroads. Communication by telegraph was not thought of. Our continent from the Mississippi to the Pacific was yet unsurveyed, and we may say truthfully, unexplored. New York City, then the largest in the United States, did not contain as many people as Chicago or Cincinnati has to-day. The cable which carries messages around the world in an hour was not dreamed of. The telephone had never entered the mind of man. Street and cable-cars were unknown, the electric light never thought of, the commerce of the world crossing the continent from New York to San Francisco in ten days never attained. The advance in machinery; the opening up of vast tracts of country; the rapid building of large cities; the leveling of the forest; the upturning of millions of acres of prairie; the digging for coal, copper, lead, iron, diamonds, gold


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and silver-all these things were unknown to those hardy pioneers, who more than seventy years ago settled on the soil where our beautiful little town is situated. For several years there was not even a newspaper to record the local happenings, and with the exception of those facts gath. ered from the musty records we are compelled to resort to the memory of the few early pioneers left upon the surface. And they are all remark. able men and women-bright. intelligent and vivacious, many of them active business men, tried, trusted and faithful.


THE TOWN OF SALEM.


The history of Salem will naturally commence with the appointment, by the Territorial Legislature of three Commissioners "to select the site for the seat of justice of Washington County." From the best informa- tion we can obtain those Commissioners were: Gen. Clark, Col. Henry Dawalt and John Zink .* This is the manner in which Salem came to be so peacefully located on the present site: The Commissioners had agreed to locate the town up at the Lick Spring. They came down the creek to William Lindley's for dinner. Mr. Lindley lived on and owned the land now known as the Dennis Farm. While at dinner the subject was very naturally talked over, and Mrs. Lindley-just like a woman-con- cluded to upset their plans, and have the town nearer home. It was easy to persuade her husband to join her in this enterprise. There are con- flicting stories as to the methods used. It is enough to know that they succeeded, and before the Commissioners left the Lindley house, Salem was a fixed fact. It has been asserted in a former sketch of Salem, pub- lished in the Centennial Democrat, that the consideration for locating the site here, was that the Lindleys give the town all the land they owned north of the creek. This may be so, but we find a deed from the Lind- leys to De Pauw, as agent, conveying said land for the sum of $50, about what the land was worth at that date. The town is now located, but it has no name. Mrs. Lindley again shows her Talleyrandic abilities. " Mount Vernon" and several other names were proposed, all of which met with objections. The Germans could not frame to pronounce it Ver- non, but " Wernon." After a long, high-joint discussion, Mrs. Lindley suggested Salem. The Lindleys came from Salem, N. C., and it occurred to her that it would be an honor to her native town to have it so named. Mrs. L. carried her point again. and Salem was not only born, but named.


PLATTING OF THE TOWN, ADDITIONS, ETC.


Early in the year 1814 the Legislature appointed Gen. John De Pauw agent for the town of Salem. The first court that was ever held in what is called Washington and Jackson Counties was held on what is now known as the Dennis farm, in a small brick house. That court ordered


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Gen. John De Pauw to proceed to lay out said town, advertise and sell the town lots. The agent prosecuted his work vigorously, and, with the implements to work with, astonishingly correct. The ground was measured with a grape vine. Among those who assisted in the work are mentioned Levi Wright and Thomas Pitts. On the 14th day of April, 1814, the work was completed and plat filed. We have thought best to give all the additions made to the town in one place, for con- venience of reference. The original plat contained 142 lots, with Main Street 80 feet wide, High Street 66 feet wide, Water Street 60 feet wide, Market 80 feet wide, Hackberry, Mulberry, Walnut, Poplar and Cherry Streets 60 feet each, and Small Street 33 feet. On the 19th of Novem- ber. 1814, Pe Pauw's Second Addition was made, consisting of forty-four additional lots, twenty-four west of Brock Creek, five of which are north of Market. By this new addition Mill Street was added sixty feet wide, and running parallel with Water Street. On the 14th of November, 1815, John De Pauw, agent, made the third plat, consisting of twenty- five additional lots; three new streets were added, viz. : Posey, west of Mill Street and parallel with it; Harrison, west of Posey, Shelby, west of Harrison, each sixty feet wide. The fourth addition was made by Zachariah Nixon November 16, 1816, and consisted of twenty lots, all north of Hackberry and west of High Streets. The fifth addition was made by Micajah and Edward Newby August 20, 1819, consisting of ten lots on the east side of Salem: eight north of Walnut Street. The sixth addition was made September 11, 1837, by Charles Hays, known as Hays' First Addition, and consisting of fifteen lots. One additional street- Locust, forty feet wide- was added to the town. September 21, 1838, Hays' Second Addition was made, consisting of thirty lots. January 5, 1843, the eighth addition to the town was made by Roger Martin, con- sisting of three lots. March 7, 1851, S. King's Addition of twenty-one lots was made, by which King Street was added to the town. On the 4th of December, 1883, the first addition of the Board of Commissioners was made, consisting of seven lots, and on the next day the second addi- tion of said Board was made, consisting of twenty-five lots. Benjamin Brewer owned the land included in the original survey, and from whom it was bought by De Pauw, agent aforesaid. Salem is now located, named and surveyed, but as yet it is a mere town on paper, located in a dense forest. Trees four or five feet in diameter, covered with immense grape vines, were standing thickly on what is now our beautiful public square. The paw paw bush, dog-wood and May apples were thick. The only spot under cultivation was near the bridge across Brock Creek, and a -mall truck patch near where John Manley lives, and near this latter place stood the old block-house.


THE FIRST RESIDENCES.


The first house to make its appearance in Salem was a funny one.


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It was built out of long poles set upon the ground; it was on Lot 83 and built by Simeon Lamb. This was early in 1814. Houses now sprang up rapidly all over the town and people began to look about for some. thing to do. The first brick house was put up by Judge Harrison on Lot 11, where Sinclair's business block now stands. Col. Jonathan Lyon built the next one on Lot 80. But it is simply impossible to go further with any degree of certainty, as at the end of the year 1814 there were probably 400 inhabitants living in the maiden city of Salem. The citizens were about all American. They came from Kentucky, North Carolina. Virginia, Pennsylvania and a few from the New England States. To give an idea how rapidly population increased in 1818, we quote from the Tocsin published June 23, 1818. "Within two weeks past there have twelve families, making in all 118 souls, arrived from North Carolina to settle in Salem," and while on this subject of pop. ulation it seems that in 1820 it was about 700; in 1838 about 1.500, and twenty-five years later it had fallen short of that in 1838.


THE EARLY MERCHANTS.


The first goods sold in Salem were by Lamb and Mendenhall. Their shelves were made of clap-boards. Following closely after these were Gen. Jobn De Pauw, Col. Jonathan Lyon, Christopher Harrison, S. & 7 .. Leavensworth, Newcomb & Crane, Hess & Grayson, Booth, Jarvis & Newby, Coffin & Holland. James Wiley, Samuel White. M. Riley and Nathan Kimball. Mr. Kimball built what was then known as the Kim- ball Block, on the west side of the square He did a properous business and was one of the useful citizens of the town. He was the father of Nathan Kimball, Jr., whose early life was devoted to the study and prac- tice of medicine, and who is remembered by many of our younger citizens. Another business firm of early times was that of Malott & McPheeters. They were pushing, energetic men; their store was on the south side of the square in the corner of a large brick structure, a description of which would be interesting as an architectural relic of those times, but space forbids. Malott & McPheeters were engaged in general merchandise, exchanging goods for country produce. As there were no railroads and no market but Louisville, they were naturally drawn into the flat-boat enterprise and would float their cargoes down the Ohio and Mississippi to New Orleans. These cargoes consisted of hams and shoulders-some. times canvassed. but generally not -- aide bacou, corn, whoop-poles and staves-sometimes whisky, but at that time the home demand for whisky was equal to the foreign, and it was generally a staple article, and may we remark that it has never lost much of its stability; it has great stay. ing qualities. Other early merchants were Isaac Chase. John Gordon, Joseph Green and Mark O'Neil. Mark was a great checker.player and hard to beat. Sometimes he became so absorbed in the game as to neglect his customers.




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