USA > Indiana > Pike County > History of Pike and Dubois counties, Indiana : from the earliest time to the present, with biographical sketches, reminiscences, notes, etc. : together with an extended history of the Northwest, the Indiana Territory, and the state of Indiana > Part 27
USA > Indiana > Dubois County > History of Pike and Dubois counties, Indiana : from the earliest time to the present, with biographical sketches, reminiscences, notes, etc. : together with an extended history of the Northwest, the Indiana Territory, and the state of Indiana > Part 27
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In the next court, Alexander Leslie brought suit for slander against Abraham Tourtellot, for calling him "thief" and saying he had tried to poison him. The case came up before Judges Samuel Hall, James Hilliman and Charles P. White, in which a verdict of $150 was awarded to Leslie.
In 1841, the court found Charles Alexander guilty of official negligence in delivering a commission to James Blackford, as road supervisor of District No. 3, Monroe Township, and to show that its official dignity was not to be trifled with, assessed his fine at 1 cent to the seminary of learning, and that he stand com-
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mitted until paid: Meredeth Howard was fined a like sum for a similar offense; at the same time Elias Terry, Daniel C. Black and Elijah Bell were fined $50 each for contempt of court. A case occurred a little earlier in which the State found an indict- ment against Rebecca Coleman for perjury, in giving false testi- mony against James Hillman. Rebecca plead that she was not guilty. "Whereupon she threw herself upon the country." The "attorney prosecuting doth the same. Wherefore, let a jury come," and they did come and returned a verdict, "not guilty." Rebecca was allowed to go "without day."
President Judges .- The judges up to 1833, had been William Prince, Daniel Hart, Richard Daniel, J. R. E. Goodlet and Samuel Hall. The first had been a citizen of Knox County, of excellent family, a commissioner in a treaty with the Indians about 1811. Princeton was named in his honor; he served but one year as judge. Judge Prince, as an attorney, is said to have been neither ready nor brilliant, was slow in forming an opinion, but his opinions were from deliberate thought, for which reason a judgeship was his sphere.
It will be seen from preceding pages, that David Hart was one of the attorneys admitted on the opening of the court in 1817, and became president judge the following year, but served only one year, and was succeeded in 1817 by Richard Daniel, another of the first counselors, but he served only one year, and in 1820, was succeeded on the bench by Hon. J. R. E. Goodlet, who served till 1832. It might not seem strange that these judges should resign, as the salary was only $700 and only three circuits in the State.
By way of contrast, it may be proper to remark that there are now thirty-eight circuits, and judges receive something like $3,000 each. It might be further said that John MeIntire re- ceived only $50 a year as clerk, and Adam Hope $50 as sheriff, while G. R. C. Sullivan, as prosecutor, got $100. Mention is made of his faculty for getting good fees elsewhere in this vol- ume. Of the professional character of Judge Goodlet, it is said that he was not a brilliant practitioner. He was phlegmatic and deliberate, and a good counselor, but lacked that readiness and rapidity essential to success before a jury. His personal char- acter was such as to receive a namesake in one of the county's most honored citizens, J. R. E. G. Morgan.
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HISTORY OF PIKE COUNTY.
Early Attorneys .- Mention has already been made of David Hart and Richard Daniel as being two out of the seven who took the oath and were sworn as attorneys in the first court in the. county and hoth so soon to become indoes over the same court. Their rapid ascent is evidence of their worth. Both were said to be men of no mean merit. Thomas H. Blake was widely and ex- tensively known in the courts in southern Indiana, where he had an extensive practice. In 1839 he was a candidate for the United States Senate, but was defeated. The history of the remaining attorneys is not well known. Henry Hurst and Charles Dewey were well-known lawyers of the First Circuit, and were attorneys for defendant in the case of Anthony against Luke Decker. In 1832 Samuel Hall was commissioned judge. This man deserves some notice. He was admitted to the bar in 1823, began practice in 1829, and was elected judge in 1832. He was elected as a member of the General Assembly for two terms, and served on the board of public works for a number of years, where he exer- cised a very healthful influence over the financial acts of that board; served as lieutenant-governor for three years. He retired from general practice in 1840. He was bitterly opposed to hold- ing one man as security for another. He urged such a matter on the Legislature in 1831, and as a member of the Constitutional Convention of 1850, urged the following bill: "No man shall be held to answer a debt, default or miscarriage of any other person upon contract entered into from and after the year 1860, except in cases where executors and administrators are required to give bond, and where security is given to persons acting in a judiciary capacity." On the bench with Judge Hall were James Hillman and Charles P. White, as associates. Then Judge Hall resigned, and was succeeded by Elisha Embree, who had been prominent as an attorney and legislator for some time. In 1838 Mr. Embree defeated the Hon. George H. Proffit for the State Senate. He was elected to Congress in 1847, over Hon. R. D. Owen. He was author of a bill to abolish the "Congress mileage" system. Judge Embree was a man of the highest integrity as a lawyer, statesman and legislator. He was not that kind of a lawyer who
Often miss the skies For aiding knaves in telling lies.
In 1840 while Elisha Embree was judge the grand jury found.
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a "True Bill" against James Mead for gaming to which James set up a general denial and was at last induced "to throw himself upon the country." The complaint accused the said defendant of win- ning a dollar contrary to the statutes, and the following jury of "twelve good and lawful men:" Daniel Catt, James Thomas, William Thompson, Adam Decker, Samuel Lett, Daniel Hillman, P. H. Woodward, David May, William Cutwright, John B. Rich- ardson, John Palmer and Peter Brenton, found the defendant guilty as charged and assessed his fine at 1 cent to be given to the seminary fund.
At first all fines of this character were for the seminary fund but later they were for the "seminaries of learning." Just where these "seminaries of learning" were located in the county might puzzle the memories of the oldest. The first witness who claimed a fee as a witness so far as the records show, was John Smith in a case against Henry Scraper for retailing liquors and in a sim- ilar case against William Cumming. This court was prolific in cases of assault and battery and in selling liquor without license and also for gaming, there being eleven cases of the latter against Charles F. White. In August Gov. Noah Noble issued a com- mission to James Hillman as associate judge and in February before, 1837 L. Q. DeBruler was permitted ex gratia to practice for that term. Little beginnings sometimes have great endings. During the year 1838 and a number following, A. Tourtellot fig- ured in many cases, once for a divorce from his wife Nancy which was not granted at that time. In the same year was another jury trial in which Joab Chappell, the defendant, was found guilty and fined 1 cent. Another important case came up in this court in which there was an indictment against Hiram Corn for betting on a horse race. Hiram Corn bet 50 cents with James Foster that his horse could beat William Case running a race of fifty yards. Corn won the bet and the jury assessed a fine of 12} . cents against him, but the quick witted attorney moved an ar- rest of judgment on the ground that a race between a man and a horse was not a horse-race. The judge was inflexible and he ordered the prisoner committed until the fine was paid. A second case from this county to the supreme court was returned from that body to the circuit court. In this case Abraham Tourtellot and T. C. Stewart were plaintiffs and David Tunstin et al were
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HISTORY OF PIKE COUNTY.
defendants. In the same year Isaac P. Horner was fined $10 for contempt, and Nancy Tourtellot was given one hour in jail for adultery, and George Wyatt fined $25 for the same offense.
Ad quod Damnum .- The first case of ud quod damnum was in the interest of Hiram Hawthorn and Samuel Hawthorn. These men desired to build a mill on Patoka, and the case was simply an inquiry by a jury as to what damage would befall the public or private individuals from the construction of a dam across said stream. The jury summoned in the above case made a favorable report at the February term, 1839. In the same year were four cases against parties for gaming, with fines ranging all the way from 2 cents to 5 cents each.
George Wright vs. State of Indiana .- This was a case with above title in which the State had convicted Wright of "open and notorious adultery ;" it was taken to the supreme court and the court reversed the decision of the lower one on the ground that there was proven only occasional adultery, and that that was not "open and notorious," consequently the decision was reversed and the lower court was ordered to begin the case de novo. In 1841 D. E. Black was fined $50 in each of three counts, and Elijah Bell, prosecuting attorney, $50 in one count for contempt. Clark M. Anthony, a well-known attorney of this place, was admitted to practice in February, 1841.
Belinda Hewins brought a suit for divorce and alimony against Joel W Hewins, who being "three times solemnly called," did not appear to answer. The suit was decided in his absence, and the plaintiff retained "all property in her person and recovered $500 from the defendant." At the same time William Clayton received a $200 fine and thirty days in jail for perjury, and William Crayton received his naturalization papers. The practices of a court change quite slowly. There was no motion to quash an indictment till about 1850, yet since that time the pages of the records are fairly covered with motions to quash. An authority says: "It may be of interest to attorneys to know that till near this time a motion to quash an indictment was not made. Its sufficiency was not tested until the accused had taken his chances with the jury, then should the verdict be against him, he went into court with the indictment on motion in arrest." A little fur- ther on, at the adoption of the new code in 1853, many old terms
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were dropped. The terms "trespass on the case," "assumpsit," "trover," "in chancery," "retailing," "assault and battery," "adul- tery," "nsury." writs of "ad quod damnum," "capias ad defenden- dum," or "alias capias defendum," were very numerous. It will be observed that those two litigious characters, John Doe and Rich- ard Roe, either made friends or one forever "downed" the other about the same time. They were two mythical characters in law, where there were contentions over the possession of real estate.
The new code provides that cases shall be brought by the real party in interest against the real party complained of. Vale John Doe and Richard Roe. There was another old form that disappeared about the same time where there were judgments for money. All such cases ended with "and the defendant in mercy, etc." Some old justices of the peace still use it. The meaning of the same has called forth this facetious explanation: "One attorney has suggested that it was commending him to the mercy of the sheriff, to whom an execution would issue, and that sheriffs became more and more lenient until finally it has become almost impossible, especially when they are candidates for re-elec- tions to get them to execute the process at all. Another says, that like the solemn appeal at the close of the death sentence, it is the last appeal for mercy to the insatiable attorney for the plaintiff, who will probably show him no quarter. In truth it is an obsolete phrase which meant that the defendant was 'amerced' or punished for his delay of justice."
William W. Carr was admitted as an attorney at the bar at the August term of 1844, and the matrimonial links binding Daniel Risby and Nancy Risby were legally severed and soon after Nancy was compelled to donate $5 for the "seminary of learning" for adulterous practices. In February, 1845, Gov. Whitcomb issued a commission to Thomas Pride as associate judge for the term of seven years from February 24, 1845, and at the same time com- missions came to Josiah Chappell and John McIntire for their respective county offices.
The grand jury found the usual number of "true bills" none of which were of much importance, also, Hon. W. E. Niblack and T. P. Bradley were admitted to practice law.
The grand jury found that the "jail was unsafe and that the (loor needed a padlock," and it may be added as an historic fact that
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HISTORY OF PIKE COUNTY.
the jail gave evidence of weakness and was the object of attention of the grand jury for more than thirty years. The court gave Sam- uel Decker 82 fine for betting on elections, Tecumseh Gray and N. Wheatley $1 each for betting on a horse race which goes to show that it is just half as bad to bet on a horse race as to bet on election. James McAdams got $2, for fornication and Polly Corn $5 for the same offense. Their crimes being in the ratio of five to two. James Lockhart received the judicial ermine from the shoulders of Judge Embree as is shown by the commission from Gov. Whitcomb of February, 1846. L. Q. DeBruler of Spencer County, became prosecuting attorney.
Judge Lockhart was admitted to the bar in 1832, was prose- cutor for seven years. He is described as being a "leading law- yer of strong and determined mind and in spite of every obsta- cle attained a commanding position in his profession. He was tall in person, of remarkable voice, was a keen, and logical debat- er and an impartial and popular magistrate." He was the first to formulate a code of rules to govern "this court." There were thirty-nine in all under the heads, "motions" "pleadings and papers," "docket," "trial" "sheriff," "chancery," and "miscellan- eous." "Under trial" is this rule; "one lawyer only on each side can question a witness." Whether an approaching election called for it or not, there were twenty-one persons called for naturalization papers. There is a notion prevalent that certain crimes follow each other, and the records seem to indicate this. There were forty-seven indictments for gaming at the same town. Thomas Michael received a nominal fine for carrying concealed weapons. the first of the kind on record. A second writ of ad quod damnum was issued at the instance of Isaac Kinman who desired a mill site on South Fork. In 1848 Charles Alexander received his commission as associate judge for a period of seven years. A case of kidnapping against Hiram W. Kinman and Josiah Hoggatt was begun in 1848 and was continued through a period of five years. The case was finally dismissed. These men were very zealous in returning runaway negroes.
In 1849 James Startin was fined 1 cent for betting on a horse race, 83 for letting the horse run, and W. Cumming $3 for rid- ing the horse. In the same year Samuel Greenup was convicted of bigamous practices, and required to devote two years of hard
5
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labor to the interest of the State of Indiana. A. L. Robinson was admitted to the bar in 1850. Maj. Robinson fought in the Mexican war, and has been a prominent spirit before the bar for thirty years or more. He was known for the energy with which he prosecuted criminals. An indictment for assault and battery with intent to commit murder was found against William Woolsey and James Woolsey, during the same court. The latter was tried by jury and found "not guilty." The case against the former was soon after nollied. The same court gave Madison Traylor $16 for usury, this being the first case of the kind, and James Loveless got $20 on the charge of assault and battery with in- tent to murder. In 1852 Woodford Lawson received a two years' leave of absence to Jeffersonville for a murderous assault, and John Kennedy received four years on each of two counts to the place for forgery. Two of our citizens failed to tell the grand jury all they knew about gambling, and the wounded dignity of that body was healed for the sum of $10 for each case. The same year Michael Burk was admitted as an attorney, and Alvin P. Ho- vey received his commission from Gov. Joseph A. Wright as judge. His plain, bold signature is typical of the man. The practice of having one president and two associate judges was discontinued at the time of Judge Hovey's election, and he was the first to sit as sole judge and handle the judicial scale. Judge Hovey has been a prominent figure in southern Indiana for more than a quar- ter of a century. He has been upon the supreme bench, and was earnest and enthusiastic in his efforts to crush the Rebellion. He is one of the comparatively few civilians who rose to the rank of major-general. He resides at his home in Mount Vernon. Olive Mason plead for a legal severing of the matrimonial bonds exist- ing between her and William McAndress, on the grounds that William was enjoying matrimonial relations with Nancy Morris. There was the unprecedented number of ninety-five naturaliza- tion papers made out during the year 1852. George Grubb con- tributed $1 to the seminary fund for altering the mark of a hog "with intent." On the opening of court in 1853 H. F. Keiger, John L. Evans Henry Wise and H. I. Cawthorn were admitted to the bar. David Miley certifies that the seal of his office, re- corder, is "a circle surrounding a plow and a sheaf of wheat." James Barr was fined $10 for official negligence. Monday,
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HISTORY OF PIKE COUNTY.
March 5, 1854. Gov. Wright's commission to William E. Niblack was issued. A. P. Hovey had resigned that position. It is now forty years since Judge Niblack was admitted to the bar of this court, and in all that time he has been continually before the pub- lic. He has been on the supreme bench, a member of Congress. and is now one of the oldest. most influential and respected mem- bers of the supreme court. During a long period of public life he has born a character above reproach.
At the March term Jane Haddock brought suit against Joseph Hamess to compel him to carry out the stipulations of a marriage contract, or pay for the injured affections. It was settled the fol- lowing year by the court awarding her $500 damages. About the same time Amanda Harbison was fined $60 for bigamy. Robert Thurman was admitted to the bar, and Nathaniel Ersher became prosecuting attorney for the Third District. The following year John Clark got a one-year sentence for forgery. A motion for new trial and one for arrest of judgment were both overruled. In September. 1855, the following attorneys were admitted: William H. De Wolfe, W. C. Marion, Austin M. Gentry and Theodore F. McAlister, ex gratia for the term. The following year L. Q. DeBruler was appointed prosecutor for the September term, and John Van Trees, Isaac Moore and J. F. Sanders were admitted. The Evansville, Indianapolis & Cleveland Straight Line Railroad suits began, and were continued till 1863. In 1856 William Smith received a two-year's sentence for counterfeiting, and Lesler Wallace received a "verdick" of three years on two indictments for a similar offense. L. Q. De Buler was again made prosecutor in 1857, and N. J. Smith was admitted to the bar. Samuel Boyer got a leave of absence to Jeffersonville for two years.
Ex-Gov. A. G. Porter was admitted in 1858, as was W. Don- ahey and John I. Neely. M. F. Bink was prosecutor for the term. William L. Hennick, with an alias, was sent to the peni- tentiary for eight years for grand larceny; R. Kinman and Fred- erick Jennings each got two years for receiving stolen goods, and Franklin Palmer two years for forgery. In 1859 Henry Dickens was sent to the penitentiary for one year for larceny. and George Black received a three-years' sentence for a similar offense. Bal- lard Smith succeeded W. E. Niblack on the bench in 1858, and he in turn was succeeded by M. F. Burke in 1859. Smith is
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HISTORY OF PIKE COUNTY.
described as a man of fine intellect and excellent literary tastes. and a brilliant and successful practitioner. The fiery eloquence. the ready mind, the sterling character, which are characteristic of his race -- the Irish -- were blended in Judge Burke. In 1861 John Mitchell and W. Bover each got a five-years' sentence for burglary. We submit the following as a reminiscence of the old "Straight Line:"
March 2, 1863.
JOHN B. HANNA, EsQ., Clerk:
Please pay to H W. DeWolf all money in your hands belonging to the Evansville, Indianapolis and Cleveland Railway Company, or to Gen. John Love, receiver of said Company, and oblige, Yours truly,
W. E. NIBLACK, Attorney for Receiver.
In 1865 John Baker received his commission as judge from Gov. O. P. Morton. About the same time William McIntire and I. W. B. Moore were admitted to the bar and Warner Johns received a sentence to the penitentiary for three years for burg- lary. and Hugh Hopkins a $375 fine for assault and battery, with intent. G. G. Bailey and John H. Miller were granted permis- sion to practice law, and Madison Traylor received a ten-years' sen- tence for grand larceny, and Ferdinand Bangert got a five years' sentence for a like offense. The grand jury found that the court house "is old and worn out, and dilapidated in condition, and cannot in cold weather be warmed, and the offices are too small,and the jury say on oath that the commissioners have totally failed, neglected, refused and still refuse to provide better accommodations." At this time John Wilson was indicted for murder, but found "not guilty." Simpson McConnell got a $200 fine for assault and bat- tery, Moses Deadman a $50 fine, and William Scales was found by a jury to owe to the State $62 for the same offense. A com- mission was also issued to C. S. Dobbins as prosecutor of the Third Judicial Circuit, by O. P. Morton.
The court in 1867, by jury, found "a gipsy" guilty on two counts, for betting on a horse race, and assessed him $5. George Argenbright, James P. Brumfield and James Corn got $5 for backing their judgments on horse flesh with money. John Rundle and James Hart were domiciled two years at Jefferson- ville for appropriating other persons' means to their own use. Scott Minnis was fined $5 for disturbing a religious meeting, and John Yeager threw himself upon the court for a similar offense,
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OF PIKE COUNTY.
and got $10. Levi Fc son was made prosecutor for the term, and owing to sickness of Judge Baker, W. C. Adair was appointed judge pro tem.
A. Mr. Richey was assassinated on his way home from Otwell.' but no one was ever punished for the crime, as it was never posi- tively known who did the deed; however, strong suspicion pointed to a certain individual as the author of the deed. Richey was an ardent temperance worker and labored hard against the whisky interest, and it is supposed some of its votaries committed the deed.
(George Boose was killed a short time before this while alone in his cabin. The assassin had shot him while sitting before his tire. The shot came through a crack in the wall. John Ficklin was arrested and tried for the crime, but was finally cleared, but the general feeling is that he was guilty.
This case was tried in the Pike County Court, on a change of venue from Gibson, the change having been made on petition of the defendant. The plaintiff, Jaliza Embree, was living with the family of the defendant, Thomas Hull, who seduced her, and suit was brought for damage. The prominence of the defendant made the case one of no little interest. He was fined in the sum of 82,500 with costs. The case was hotly contested, and the best legal talent employed. In 1871 there was a contested election case between Joseph P. Glezen and J. W. Richardson for the office of county clerk, which was decided in favor of Richardson. Dorus Bowlin was sent to the house of correction, until he should attain to the age of twenty years and five months for forgery. John Kinder got a two year's sentence for assault and battery, with intent. J. C. Shafer and E. P. Richardson were admitted to the bar of the Pike County Court in 1873. Daniel S. Osborn and G. O. Wolfin each got a two years' sentence; the latter for murder in the second degree. During the same year E. A. Ely. William H. May, J. E. McCulloch and A. H. Taylor, began prac- tice before the same bar. as also did Luther M. DeMIott, of White County, Illinois.
Murder Trials. - An exciting murder trial was begun at the August term of ISS1, in which Dr. Frederick T. Aust was charged with the murder of his brother-in-law. James Humphreys. The trouble was of a trivial, personal matter, for which Aust waylaic
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and shot Humphreys. Aust was arrested and tried; the case began on June 6, 1881, and ended on September 27, of the same year. The case was hotly contested. A. H. Taylor, assisted by W. T. Townsend and J. E. McCulloch, appeared for the State, and E. A. Ely, C. H. Burton, F. B. Posey, J. W. Wilson and Gen. James Shackelford, were engaged for the defense. The ver- dict was for murder in the first degree, and the jury fixed the penalty at hard labor for life. This was the first life sentence ever given in the county. Hard upon this case followed the case of the State against Henry Brenton, for the murder of George Morton. Brenton was of most excellent family relations, but had borne an unsavory reputation for some time. Young Brenton assassinated his pal Morton, as is said, to hide crimes for which themselves and others were guilty. Morton lived some time after he was shot, and clearly identified Brenton as his slayer. This case was also bitterly contested by the best legal talent; A. H. Taylor, F. B. Posey and J. W. Wilson were for the prosecution, and E. A. Ely, W. F. Townsend for the defense. Brenton also received a life sentence. This, as well as the pre- ceding, are being carried out. The case of Aust was tried before Francis Wilson, judge pro tem, and the case of Brenton before Judge O. M. Welborn, in November of the same year. Both the above cases occurred at Winslow. A short time after these cases, the community was startled by the news that Samuel Heminger had killed Dr. Hornbrook, of Union. Hornbrook was accused of holding illicit relations with the wife of Heminger, which so frenzied him that he deliberately shot Hornbrook. The promi- nence of the deceased, made the case highly exciting. Heminger was quickly arrested, and after a strong defense made by Miller & Richardson and J. E. McCulloch, and as earnest a prosecution by Taylor, Ely, Townsend, Posey and Nelson, received a twenty- one year's sentence to the penitentiary.
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