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 47
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 47
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71
Other attorneys that took prominent rank during the decades of the twenties and thirties were John Law, John Pitcher, John MeIntire, Reuben Kidder, Charles Dewey. John A. Bracken- ridge. A. J. Simpson, Eben D. Edson. Elijah Bell. Elias Terry, John Engle and L. Q. DeBruler. John Law was a good lawyer. and was at one time a member of Congress. Pitcher was a resi- dent of Rockport. and a brilliant attorney. He continued to practice for many years, and is now living in Mount Vernon,
512
HISTORY OF DUBOIS COUNTY.
Posey County. McIntire was an early attorney at Petersburg, while Kidder, Simpson and Dewey were from Paoli. The last was one of the ablest lawyers of southern Indiana. Brackenridge lived at Boonville, and was probably the foremost attorney ever a resi- dent of Warrick County. Edson and Engle each filled the office of prosecuting attorney. Elias Terry was a citizen of Washing- ton, and did a large practice at the Dubois County bar. He was a man of marked ability, and was associated with Lemuel Q. DeBruler, who lived in Jasper, and was at that time rapidly com- ing into prominence as one of the ablest pleaders in this portion of the State.
Judge Hall remained upon the bench until the fall of 1835. At that time Charles I. Battell was appointed to the place, but he filled it only a short time. In the following spring Hon. Elisha Embree took his seat as president judge. He was a man of more than ordinary ability, and of the strictest integrity. He continued to occupy this position for several years, and was after- ward elected to Congress. It was during the term of Judge Embree that the destruction of the county records occurred, in August, 1839. At the next term a considerable part of the records .was perpetuated by the affidavit of different persons. This was mostly concerning titles to land. The court was held February 17, 1840, at the house of James H. Condict, with Henry Bradley and Willis Hays, associate judges, and Eben D. Edson, prosecuting attorney. For a few terms the courts were held at the house of Condict, but it was not long ere they were held in the Cumber- land Presbyterian Church. That served as a court house until the building of the present house in 1845. As Dubois County had no newspapers in that day, nearly all the publications neces- sary were made in papers published at Paoli, in Orange County. In 1842 James Lockhart was elected prosecuting attorney. About that time another attorney, who has been one of the leading men of the State, began to make his appearance in the courts. He was then a resident of Dover Hill, the county seat of Martin County. This was William E. Niblack, of whom more is said further along in this chapter. In February, 1846, James Lock- hart succeeded Judge Embree upon the bench. He also was a resident of Evansville, and had become a prominent lawyer of the district. His selection for the important office to which he was
513
HISTORY OF DUBOIS COUNTY.
now called was but a just tribute to his abilities. For some years he continued upon the bench, dispensing justice with impartiality and becoming dignity, Like his predecessor, he was elected to the national House of Representatives. William Cavender and Thomas Shoulders were his associates. John Reinhart and W. D. Rosseter were leading attorneys admitted to the bar about that time. The latter was an old and able attorney.
In August, 1853, Hon. Alvin P. Hovey was commissioned judge of the Third Judicial District, before this the county hav- ing been in the Fourth. He is yet living, and for more than one- third of a century has been one of the leading men of the State. He has been upon the supreme bench and took an active part in the Civil war. His dignity upon the bench was always maintained with the utmost rigidness, sometimes almost taking an arbi- trary turn. His natural disposition was better adapted to rule on the supreme bench than at a nisi prius court. Under the new constitution the courts of Indiana received a radical change. In the circuit courts the associate judges were dispensed with and a single judge held up the scales of justice. Many of the old common law forms were done away with, and a new code was established. This code has been in force since the 9th of May, 1853. At that time those celebrated and imaginary individuals, John Doe and Richard Roe were forever banished from the courts of Indiana. They had become familiar to every lawyer, and from time immemorial had supplied a legal fiction in action for the recovery of real estate. The new law provided that every case should be conducted in the names of the real parties to the cause. With the abolition of so many fictions and the simplification of many terms and forms, much of the intricate learning of the old com- mon law has faded away. Those who have studied it, and by long years of practice had become thoroughly imbued with its princi- ples, admired it for its grandeur and because it embodied the true elements of justice and right. Many of the old practitioners re- garded the innovations as something next to a sacrilege, and never became reconciled to the change, while others went so far as to abandon the practice forever. On the whole, however, there is little doubt that the change has had a good result. Under the new code everything seems to have moved in a smoother channel. and many kinds of contention cases, such as "trespass on the
514
HISTORY OF DUBOIS COUNTY.
case " "case," "trover." and assumpsit passed entirely away and are now known only in the study of the old common law.
In February, 1854, the Hon. W. E. Niblack appeared and took his seat as circuit judge. He was a native of Dubois County, and for a few years had been engaged in practice in Martin County. It is said, that hitherto, his experience as a lawyer had not been extended much beyond the courts of that county. But for ten years his had been a familiar face at the Jasper bar, although yet comparatively young. However, that may be, he succeeded in being a good judge. If he lacked in legal learning, his good common sense came to his aid and enabled him to ad- minister equity if not law. He was kind and affable, honest and upright, qualities which made him many friends. After leaving the bench, he was sent to Congress from his district, which then included Dubois County. For several years he has been a con- spicuous member of the Supreme Court of Indiana. For four- years he continued upon the bench, and in February, 1858, Bal- lard Smith succeeded him. Judge Smith was perhaps the most polished man that has ever been upon the Dubois circuit bench. He was well educated, and was somewhat literary in his make up. In addition to this, he was an able lawyer and rather a brilliant practitioner. At that time he was a resident of Cannelton, in Perry Co., but he afterward moved to Vigo County and became a leading member of the Terre Haute bar. The successor to Judge Smith was M. F. Burke, a citizen of Diviess County and resi- dent of Washington, who took his seat in February, 1859. He was of Irish descent, and possessed many of the sterling qualities of the natives of the Emerald Isle. With a ready mind, an abundance of resource and a free and impetuous eloquence, he was one of the best of advocates. He continued to occupy this position with satisfaction to all parties until his death, which oc- curred May 22, 1801. James C. Denny was appointed judge to fill the vacancy, and he held the July term 1864. During that term the two murder cases, one against Hurst and the other against Prieshoff, were disposed of in this court. The latter pleaded guilty of assaul and battery and was fined $25; the other was a change of venue.
At the January term 1865, John Baker appeared and took his seat as judge, a position he held for six years. He is de-
515
HISTORY OF DUBOIS COUNTY.
scribed as a man possessed of deep cunning, although not well educated. He had good natural ability, was deep minded, and this with his unusual cunning made him eminent in his profession. His penetration and comprehension made him a good counselor, and his craft and skill gave him success where the merits of the case were obscure, if not altogether missing. Clients with improper claims, or unjust demands with little or no equity or law in them, went to him and were often rewarded beyond their hope. For about fifteen years he practiced largely at the Orange County bar, and during that time conducted a small newspaper at Orleans for a short time, early in the fifties. He moved to Vincennes, and there continued to practice his profession with success, until his election to the judgeship. In that place, the skill and artfulness that had served him with such advantage in the practice, now ena- bled him to divest a cause of whatever sophistry attorneys wove around it. He made a good judge and retired with the high re- gard of the bar. He is yet living in Washington. His successor was Newton F. Malott also a citizen of Vincennes. He was per- haps the most fearless and independent judge that has ever ruled in the Dubois Circuit Court. Neither popular clamor, nor pri- vate influence could sway him from his opinion of law and right. He remained upon the bench of this county until March, 1873, when the district was changed and Oscar M. Welborn com- missioned as judge of the Eleventh Judicial District.
Other Courts .- From the first organization of the State until the adoption of the new constitution in 1852, a probate court had exclusive jurisdiction and control over the settlement of all estates. The judge of this court was a citizen of the county. It is not now known who first filled the office of probate judge in Dubois County, but in 1829 B. B. Edmonston, Sr .. was holding the office and he continued in that place until 1841, when he was succeeded by Daniel Harris. In a few months Moses Kelso was elected to the office and filled it until 1848. In October of that year An- drew B. Spradley assumed the duties of probate judge which he discharged until the court was abolished. Under the new consti- tution all probate matters were transferred to the court of com- mon pleas. That court was entirely remodeled. It was given original jurisdiction of all that class of offenses which did not amount to a felony, except those over which justices of the peace
Junge Sbradley died in april 1874- See april 10, 1874 money
516
HISTORY OF DUBOIS COUNTY.
had exclusive jurisdiction. State prosecutions were instituted by affidavit and information. Under certain restrictions this court had jurisdiction in cases where the punishment could not be (leath. In no case was the intervention of a grand jury neces- sary. In all civil cases except for slander, libel, breach of promise to marry, action on official bond of any State or county officer, or where the title of real estate was involved, this court had concur- rent jurisdiction with the circuit court where the sum or dam- ages due or demanded did not exceed $1,000. It had concur- rent jurisdiction with justices of the peace where the sum due or demanded exceeded $50. When the court was first organ- ized, appeals could be taken from it to the circuit court, but that right was afterward abolished, but appeal could be taken to the supreme court, and the jurisdiction was from time to time enlarged. The clerk and sheriff of the county officiated in this court as well as in the circuit. The common pleas judge was ex-officio judge of the court of conciliation. This last was a court that had jurisdiction, of causes of action for libel, slander, malicious prosecution, assault and battery and false impris- onment, and extended to questions of reconciliation and compro- mise only. No attorney was allowed to appear for his client in a court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by its guardian and a female by her husband or friend. This branch of the court was abolished in 1867.
The first court of common pleas in Dubois County, began in January, 1853, with Lemuel Q. DeBruler as judge. He re- mained upon that bench for eight years, and presided with fair- ness and precision. He was one of the early attorneys of Jas- per, and for several years was the leading attorney at the Dubois. County bar. He was for several years during the forties, asso- ciated with Elias Terry, an able lawyer of Washington, Daviess County. DeBruler removed to Evansville, and became one of the foremost lawyers of southern Indiana. He was succeeded upon the bench in January, 1861, by John James Key. In the following winter Judge Key resigned his position in the court, to accept a colonel's commission in the army, To fill the vacancy thus made, Charles H. Mason was appointed and his first term of court was in January, 1862. Judge Mason was then a resident
517
1
HISTORY OF DUBOIS COUNTY.
of Cannelton, in Perry County, and earned some notoriety as a lawyer. H- is a man of culture and much ability, who has been a success in the practice of his profession. He is now a citizen of Rockport. Another year elapsed and David T. Laird suc- ceeded to the common ploas bench. In early life he had lived in Troy, and made a reputation as an attorney. Later. he moved to Rockport, where he has long been one of the leading practi- tioners. Judge Laird continued apon the bench until the fall of 1×70. In October of that year Judge Mason was appointed to fill a short vacancy. and. in November following, Milton S. Mavity was elected. He was then. and is now. a citizen of Paoli, in Orange County. He is a good judge of law. although not a brilliant ad- vocate. He remained upon the bench until January, 1873, when the court of common pleas was abolished. Since that time the circuit court has had jurisdiction over all cases whatever, except- ing only those in which justices of the peace have exclusive ju- risdiction. It is said that the first sentence imposing confine- ment in the State prison, was for larceny-Jacob Drinkhouse re- ceived a verdict for two years. He was a hatter, and lived at Portersville. The proof is said to have been entirely circum- stantial, and founded upon statements that he had been guilty of other small thefts, such as taking coon-skins not his own, and making them into caps. He was prosecuted for stealing $50 from David Harris. The trial was at the first term of court held in Jasper. The money was afterward found where it had been put away by some member of the family, in a woman's dress. No wonder it was supposed to have been stolen. After seven months confinement in the penitentiary, Drinkhouse was pardoned.
It is probable that the first murder trial in Dubois County was the State of Indiana against Jonathan Walker. The circum- stances of this case were somewhat as follows: The time was early in the forties and the place was Huntingburgh. Walker and a man named Benjamin Taylor, were at that place and had a quarrel with a shoe-maker living there, and whose name has been forgotten. In a fight the shoe-maker was killed. Walker was arrested on a charge of murder. Taylor left the country and did not again appear in these parts. He lived in Warrick County, near the town of Taylorville. The trial of Walker excited consid-
518
HISTORY OF DUBOIS COUNTY.
erable interest as he had long been one of the best known citizens of the county and one of its earliest settlers. The prosecution was assisted by John A. Brackenridge, the ablest attorney of Warrick County, and the defense was conducted by Terry & De Bruler, who were then doing a large part of the business at the Dubois County bar. The trial resulted in an acquittal. A "reasonable doubt" was established in the minds of the jury by an effort to prove that Taylor struck the fatal blow.
Another murder trial that occurred about the same time was that of Zachariah Dillon, for killing Sheriff Thomas Wooldridge. It was in 1842, and attracted considerable attention from the prominence of the persons interested. The circumstances of the case seem to have been against the defendant and the exten- uating ones few. After a hotly contested trial Dillon was sen- tenced to a term of two years in the State prison and was par- doned before his time expired.
A few years later a man named Pirtle was sent to the peniten- tiary for killing a showman at Huntingburgh. Harrison White a colored man, was sentenced to a lifetime of hard labor in the Jeffersonville prison for killing another colored man. This also took place near Huntingburgh, and was the result of a quarrel over a mulatto woman.
Early in 1843 William Spurlock was prosecuted for betting upon an election. The indictment charged the defendant with having laid a wager with W. R. McMahan of one horse valued at $50, that B. B. Edmonston would secure fifty votes more for county clerk than John A. Graham at the August election in 1842. It goes on to say that Elmonston did secure fifty votes more than Graham and was elected county clerk and that Spur- lock thereby won the property unlawfully and "against the peace and dignity of the State of Indiana, and contrary to the statute in such cases made and provided." A motion to quash being over- ruled Spurlock pleaded guilty and put himself upon the mercy of the court. After hearing the evidence the court fined him $20. After paying the costs and fine he was ahead $20, providing the horse was worth $50. Cases for gaming were often in the courts of those days and were as often accompanied by a companion cause, one for assault and battery.
In 1842 James Lockhart was prosecuting attorney, having been
519
HISTORY OF DUBOIS COUNTY.
immediately preceded by John Engle. Both these men were good lawyers. At the July term 1961 Mrs. Amanda Weaver was proseented upon a charge of killing her own child. The facts in this case are too revolting to be recorded here. She was sentenced to the penitentiary for life.
By this time the roll of attorneys presents a new lot of names many of whom are yet living in this portion of the State. Many of them have since been judges in their respective districts.
The bar of Dubois County is now composed of nine attorneys. They are Bruno Buettner. Clement Doane. William A. Traylor. Winfield S. Hunter. Oscar A. Trippet. John L. Bretz. and Thomas H. Dillon at Jasper. and Mormon Fisher and A. H. Miller at Huntingburgh. These are named nearly in the order of their admission as attorneys. Bruno Buettner was admitted in August 1.5%, and ever since that time he has been a familiar figure at the Jasper bar. Clement Doane dates his admission to the bar nearly as far back as Mr. Buettner, but in the practice he has not been as conspicuons, as his time has been mostly taken up with editorial work. Attorney Buettner has the reputation of being well versed in the law. The firm of Traylor & Hunter is perhaps the strongest now practicing at the Dubois bar regularly. They are both men in the prime of life and enjoy the highest confidence of the people. Oscar A. Trippet is a young man not much beyond thirty years of age. He began the practice of his profession at Jas- per in 1879. By close application he has acquired a good practice. John L. Bretz is the present prosecuting attorney for this judicial district. He is of a family well known in the county and is a young man of ability. Thomas H. Dillon has been raised in the county, and has but recently located in Jasper, where he intends entering the list of attorneys at law. Captain Fisher and A. H. Miller are among the citizens of Huntingburgh and do considerable business for people from that portion of the county.
At the time the court of common pleas was abolished, the dis- triet was composed of Spencer, Perry, Dubois. Crawford and Orange Counties. John C. Schafer, one of the promising attor- leys of Jasper, was district attorney. He became prosecuting ttorney in the circuit court and held that place until his death in October 1877. He was succeeded by William H. Trippet of Gibson County, who held that office until 1880. At that time-
1
520
HISTORY OF DUBOIS COUNTY.
Arthur H. Taylor of Petersburg was elected. In 1884 the pres- ent incumbent, John L. Bretz was chosen for the place.
Judge Welborn is noted in southern Indiana as a good judge, and is frequently sought by litigants in preference to other judges. He is a man of unusually strong common sense and his mind is well trained for the position he holds. He is clear, log- ical and always makes his decisions without prejudice or favor. He has great respect for the verdict of a jury, but if he thinks it wrong, he is unhesitating in his decision setting it aside. He is painstaking and listens patiently to argument and especially to the person he thinks in error. Like Richelieu he believes, "for justice all places a temple and all seasons summer."
CHAPTER V.
MILITARY HISTORY OF THE COUNTY-SURVIVORS OF THE EARLY WARS --
VOLUNTEERS FOR THE STRUGGLE WITH MEXICO-COMMENCEMENT OF THE REBELLION-DISLOYAL AND OTHER SENTIMENTS -- THE CALL TO ARMS -- ENLISTMENT OF COMPANIES-RECRUITING DRAFTS -- WAR AND MASS MEETINGS -SKETCHES OF REGIMENTS-BOUNTY AND RELIEF.
TN military history Dubois County has an honorable record. Since the battle of Tippecanoe in November, 1811, to the present hour, her citizens have borne their full share in the stir- ring scenes of war. The county itself was named for one of its pioneer patriots, Fousaint Dubois, who hore a conspicuous part in that renowned engagement which proved a Waterloo to the In- dian tribes of the Northwest. After the close of the war of 1812, the citizens throughout the entire West for many years continued to meet annually for the purpose of drilling in military tactics. These "general training" days were usually county holidays and the occasions for nearly the entire population to turn out in gen- eral and immoderate jollification. With the long period of peace that followed the second war with the mother country, the people had grown tired of the yearly musters. This no doubt was largely due to the improbability of any resort to war or to military measures. More than the third of a century had gone by in tran-
523
HISTORY OF DUBOIS COUNTY.
quillity and prosperity, when the war with Mexico revived some of the old martial spirit that had begun to slumber in the breasts of American citizens. In that short and perhaps not inglorious campaign the soldiers of Dubois County were present. In 1847 a full company was raised in Dubois and Spencer Counties. The company was E, of the Fourth Regiment Indiana Volunteers, Mex- ican war. The muster-in roll of the company contains the follow- ing names of men from Dubois County: James A. Graham, Ran- dolph Hall, Thomas M. Smith, Martin B. Mason, Thomas Enlow, Adam H. Dempy, Gardner Beebe, Joseph Orinder (died in Mexico), Mr. McElwain ( wounded in the foot, leg amputated, died in Mex- ico), William Sherrod, John B. Hutchins, David L. Matthews (died in Mexico), William and Samuel Postlethwait, James Green (died in Mexico), William Hart, John Mehringer, David Merchand, Richard and William Stillwell, Vincent Bolen, Harrison Wade, Hiram Main (died in Mexico), Jacob Hoover, Samuel Beardsley, Alfred H. Fisher, James McKowin, Hiram B. Shively and Pleasant Horton (killed in battle). These men constituted about one-third of the company, their leader being James A. Graham. The officers of the company were John W. Crooks, captain, Rockport, Ind .; Christopher C. Graham, Charles S. Finch and James A. Graham, lieutenants. The men of this company went by small squads to New Albany, where they were organized under the command of Colonel Willis A. Gorman. This was in June 1847. In July the regiment moved to New Orleans, thence across the Gulf to Brazos Island, and soon afterward up the Rio Grande River, along and near which it did guard duty until early in 1848, when it was transferred to Vera Cruz, and thence along the National Road to Pueblo. It occupied this point some time. It skirmished occa- sionally with Mexican guerillas, and finally after moving back on the way to Vera Cruz, had a sharp engagement at Huamantla, which was the only one of note the company was engaged in. In July, 1848, the company returned and was mustered out at Madi- son, Ind. A large crowd greeted them at Rockport, and a speech was made by James C. Veatch, to which the captain responded. A barbecue was held at Morgan's Grove, and the boys living north started on their way home and were welcomed by crowds at Gentryville, Dale and several places in Dubois County.
Beginning of the Civil War .- The causes that led to the Civil
18
524
HISTORY OF DUBOIS COUNTY.
war in America are too widely and well known to be enumerated here. Suffice it to say that the agitation of the slavery question for a period of more than forty years had brought the North and South into the most violent sectional hatred. This culminated in the presidential campaign of 1860. That political contest had never before been equalled in America for its bitterness. The Democratic party, like the churches of the two sections, became divided on the momentous questions of the hour. The Republi- can party was successful. and its leader, Abraham Lincoln, was chosen President of the United States. He had been elected on a strong anti-slavery platform, and the Southern States professed to see in this a direful menace to their institutions. Under the teachings of John C. Calhoun and other able leaders, the South had become strong in advocating the right of a State to secede from the Union whenever such a course was deemed necessary to the best interests of that State. This doctrine was opposed by the Northern States. Soon after the result of the presidential election of 1860 became known, many of the Southern States took steps toward secession. A lethargic administration permitted the preliminary steps to be taken without opposition, and emboldened with the non-interference, the Southern Confederacy was soon formed. All lovers of the Union and the Constitution saw the inevitable dismemberment of the Republic if the idea of a right to secession should prevail. On the other hand many who owned an equal love for the Union admitted that they could see uo authority by which the General Government couldl coerce a State into compliance with its laws and the Constitution. The people of the North saw the Southern States go out of the Union one by one, while the national authorities remained inactive and appar- ently oblivious to the ordinances of secession. Many hoped the new President would be able to consolidate the States into a more . lasting Union. The first few weeks of the new administration slipped away without promise of any cheer. Public sentiment was strained to its utmost limit. In the midst of the bewilder- ment of ideas as to what course ought to be pursued, came the tra- gedy of Fort Sumter. An insult to the flag of the Union was sufficient to pretty well unite loyal citizens of the North, and all agreed that the honor of the flag should be maintained, and that the Constitution ought to be upheld inviolate.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.