USA > Indiana > Posey County > History of Posey County, Indiana > Part 15
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ST. WENDEL'S CHURCH.
Prior to December, 1841, mass had been celebrated in St. Wendel parish from the time of its creation in the home of Martin Kohl, but, in Christmas week of the year mentioned the congregation, composed
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of twenty families, prepared the material and erected within five days a log structure as a house of worship. This chapel was regularly visited by Rev. Roman Weinzoepfel until May, 1842, and in October of the same year Rev. Conrad Schneiderjans became the first resident pastor, enjoying the hospitality of Mr. Kohl until a primitive log cabin was erected for his home, and here he remained until the fall of 1845, when he was called by the bishop to Vincennes, after which St. Wendel was occasionally visited by Revs. Charles Oppermann and Martin Stohl until April, 1846, when Father Weinzoepfel returned to the mission.
Rev. Father Weinzoepfel labored hard for the improvement of his parish and the church property. The little log building had now become too small for the growing congregation and steps were taken for the erection of a new church. The material was mostly donated. A sub- scription of $5,000 was raised and April 17, 1853, Bishop de St. Palais laid the corner stone of the present church. The cost of the structure, exclusive of the material, which was mostly donated, was $5,600.
From 1858 until 1879 St. Wendel's was in charge of a number of priests, none of whom remained more than a few years. However, each one took up the good work where his predecessor left off and improve- ments went on. During this period a brick school house of two rooms and a residence for teachers was built and other improvements made.
June 6, 1879, Rev. Michael Heck was placed in charge. He has much improved the church by adding a sacristy to it, thoroughly renovating the interior, placing in three beautiful altars, hardwood pews, new wooden floor, nice communion railing and pulpit, had the church fres- coed, put in stained glass windows, put a slate roof on the church, as well as the erection of a superb school house, 70x70 feet, at the cost of $8,000. Father Heck died the thirty-first day of January, 1899, and was buried at St. Wendel's cemetery the third day of February.
The schools of St. Wendel have by no means been neglected. The first classes were taught by F. W. Pepersack during the pastorate of Rev. Father Weinzoepfel, but it was not until the incoming of Father Heck that the schools were truly vitalized. The school is in charge of three Sisters of St. Francis of Oldenburg, Ind.
After the death of Father Heck Rev. James Pfeiffer had charge for a brief period and on February 21, 1899, Rev. Nicholas Klein was assigned to the parish. During his pastorate the church and school property have been extensively improved and the parish brought up to a high standard. The improvements and articles purchased amounted to over $23,000.
The congregation of St. Wendel is in a flourishing condition, num- bering 185 families, and the largest country congregation, with the finest property in the diocese of Indianapolis, as a country congregation.
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ZION'S EVANGELICAL CHURCH AT LIPPE, ROBINSON TOWNSHIP.
This church is one of the earliest established in Posey county. It is located south of the center of Robinson township. Seventy years ago this location was selected by the first German Evangelical settlers and founders of Zion's Church. The membership includes Parker's Settle- ment, Blairsville, Caborn, St. Philips and vicinity. The local name "Lippe" was given to this church and community by its early members from Lippe, Germany. The early records of the congregation at this place date back to 1842.
Six miles east, on the New Harmony road in Vanderburg county, there was a small congregation already in existence. The pastor of this church, named Krassauer, came from time to time to do pastoral work. Services were held in a nearby district school house. And as all these settlers had come from good Christian communities in the old country, the opportunity of worshipping God in their accustomed way seems to have been highly appreciated.
The fathers of this church, however, soon realized that a school house could not properly be turned into a house of worship and laid plans for the future. An organization was formed and a suitable place for the location of a church building was considered. As a result, an acre and a half of land was bought for $18 and is now occupied by the graveyard and the parsonage. Additions have been made to this land, so that at present the site comprises over six acres.
In 1845 the first church, a log building, was erected. The congre- .gation then numbered sixteen families.
After Rev. Krassauer's services, between two and three years, Rev. · Zaupert, stationed at Evansville, Ind., attended to the pastoral work for one year. He was succeeded by Rev. Lauer, pastor of St. John's Evangelical Church at Evansville, for two years. During his pastorate a more complete constitution was adopted and the organization was made permanent. For the last time, in 1848, Zion was found in want of a neighboring pastor's services. Rev. Dulitz, on the New Harmony road, took up the work here and carried it on for about one year.
In 1849 with the general tide of immigration came a bright and well ed- ucated Christian young man, Mr. Austmann, from Lippe, in Germany. His ability as well as his qualifications for evangelistic work found the approval of Zion's members. Upon application he was ordained to the ministry by the German Evangelical Synod of North America. This marks the very first occasion of Zion's Church coming into touch with an organized church body, while so far it had worked its course as an individual or free Protestant congregation. In 1851 it formally joined
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this body and has ever since held its membership with this church. All its pastors for the past sixty-three years were members of the same church.
Of the twelve men who have served as pastors all but three have gone to their reward. L. Schmidt, G. Tillmanns and C. G. Kettelhut still are in active service. Rev. C. F. Warth died September 18, 1884, while in his pastorate at the congregation. His remains, as well as those of his wife and a grown son, are interred at the congregation's cemetery.
In 1850 the congregation built its first parsonage, a log building, for Rev. Austmann. When a few years later it was destroyed by fire the congregation rebuilt it at once. Early in the '50s we notice the first efforts toward the establishment and maintenance of a regular parochial school. The first teacher, Mr. Stahlschmidt, was engaged. When in 1856 the congregation had to build a larger and more commodious frame church, the old log church was remodeled into a school building and served its purpose up to 1865, in which year a spacious frame building was put up for $600. This school has flourished from that time, having at times an enrollment of nearly 100 pupils. In this school not only Ger- man Bible history, but also all the various elementary studies of our common schools are taught. Besides the teacher above mentioned we find the names of the following men on the record, some of whom have for a number of years continually taught this school: H. Weiss, A. C. Walther, George Appel, Henry Scherer, Ernst Wandtke. In 1904, for the lack of proper interest, the school was discontinued and the school building was torn down in 1912.
In 1860 the congregation numbered forty-one, all names of whom appear as signatures to a revised constitution in 1860.
We might conclude that these people in their pioneer days, some of them with large families to support, might have been taxed to the limit of their means in keeping up with the running expenses of their own church and school; but to convince us that even in those early days of comparatively meager means a lively sense of Christian sympathy and brotherly love had been cultivated and manifested.
To show the spirit of loyalty with which the church has been supported a few figures may be produced from the records. We shall take the years from 1858 to 1865, bearing in mind that two years previous a new church had been built, and in the last year of this period a school build- ing finished, we find that Zion's congregation in these eight years, through collections and personal offerings, raised $1,781.44, including nominal sums for deprived families of Union soldiers on the battle field.
In 1878 a new parsonage was erected, the present two-story solid brick building.
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In 1895 Zion erected its third church, a building 40x70 feet, in Gothic style, of brick.
One of the records, beginning in 1854, furnishes the following fig- ures : Baptisms, 1,164; confirmations, 893; marriages, 286; deaths, 490.
The present membership, together with the adherents, numbers about 100 families.
CITY HALL, MT. VERNON
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CHAPTER IX.
THE BENCH AND BAR.
EARLY COURTS AND LAWYERS-FIRST CASES TRIED-PIONEER COURT HOUSES- IMPORTANT LITIGATION-JUDGES-MEMBERS OF THE BAR.
The circuit court has always been the most important judicial tribunal in the State of Indiana. In the early days the law required that the court should be presided over by three judges, one chief or president judge, who presided over the courts in all the counties constituting the circuit, and two associate judges elected from each county. The asso- ciate judges were not necessarily men of a superior knowledge of the law, but were selected because of their disposition to be impartial in their decisions, and because of their established reputations for honest dealing among their fellow men. It was their duty to convene and adjourn court, and in the absence of the chief justice to try cases of minor importance. For a while the associate judges constituted a pro- bate court, handling matters pertaining to the settlement of estates, guardianships, etc., but in a few years after the organization of the State government was effected a probate judge was provided for in each county.
The salaries of the officers of the law in those days were not exorbi- tant. The judges of the circuit court received $700 per annum, the pros- ecutor $100 per year, the assessor in the year 1816 was paid $42.50 for assessing all the taxable property of the county; the clerk was allowed $23.50 for his services for that year, and the treasurer received for his services for the year ending December 31, 1816, $50.
Section 4 of an act of the territorial legislature, entitled "An act for the formation of two new counties out of the county of Warrick and part of Gibson county," approved September 7, 1814, provided "That until a court house shall be erected in the said county of Posey sufficient for the accommodation of the court, the courts for the said county of Posey shall be held at the house of Absalom Duckworth, in said county."
Absalom Duckworth lived about five miles north of Mt. Vernon, and in accordance with the provisions of the above act the first session of the Posey County Circuit Court began at his house Monday, the twentieth day of March, 1815, with the Hon. Isaac Blackford, one of Indiana's most
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widely known jurists, presiding judge of the circuit that embraced the new county of Posey, and Thomas E. Casselberry and Daniel Lynn, two men prominent in the early affairs of the county, associate judges. John Carson was sheriff and William E. Stewart, clerk.
About the first thing the court did was to put the grand jury to work inquiring into the shortcomings and misdeeds that required the court's attention. That body was composed of David Thomas, John Crunk, James Black, James Robertson, Nathaniel Munsey, Wilson Butler, Alex- ander Mills, John Stapleton, William Wagnon, Adam Albright, John Aldridge, Samuel Aldridge, Mathew Adams, Seth Hargrave, Ezekiel Jones and John B. Stephenson.
William Prince, who was one of the leading attorneys of this part of the State, was appointed prosecuting attorney for Posey county and the court was then prepared and proceeded at once to administer justice.
The grand jury was not long in finding business. The first indictment found read as follows : "The jurors for the United States of America, and the body of the county of Posey, upon their oath, present that William Blizard, late of Casselberry township in the said county of Posey, yeoman, on the twenty-third day of January, 1815, with force and arms, at the township aforesaid, in the county aforesaid, two hogs of the value of five dollars, of the goods and chattels of Margaret Hall, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the United States, and the form and the statute in such cases made and provided."
The court next ordered that a scrawl containing the words: "Circuit Court Seal, Posey County," be recognized as the seal of the court.
When the defendant named in the above indictment was arraigned he said he was not guilty, and on being asked how he wished to be tried, answered "by God and his country."
An indictment against Shadrack Green, for killing seven head of hogs in the woods completed the doings of the first day of court in Posey county.
The next day Blizard was tried before a jury of twelve good men,. whose names were Nicholas Long, Daniel Miller, William Stephens, Jo- seph Felser, John Barton, John Martin, Samuel Barton, Timothy Downen, John Ridenhour, John McFaddin, David Mills and James Duckworth. They returned a verdict of not guilty, and the defendant was discharged.
· The case of Green was then called, but he did not appear, and his recognizance was respited till the next term, and court was adjourned and the first session was at an end.
The second term began Monday, the nineteenth day of June, at the same. place and with the same officers presiding. At this term the first civil cause appeared on the docket. It was entitled Thomas Allen vs. Joshua.
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Beard. This was an appeal from Nathan Ashworth, a justice of the peace. The original suit was brought by Beard on an account for black- smithing. It was dismissed in the circuit court at cost of appellee.
The charge against Shadrach Green was dismissed by the prosecuting attorney. At this term the grand jury returned indictments against Needham Blount, John Warrick, Meshack Green, H. and J. Robertson, and William and Julius Stallion. The case against Meshack Green was for marking hogs. He was tried and found guilty. In those days this amounted to larceny. This was the first criminal cause in the county in which the defendant was found guilty. His fine was fixed at $50 and "twenty-five lashes on his bare back, publicly, between the hour five and half after five this evening."
The whipping post was recognized throughout the United States in those days as a proper means for the punishment of criminals.
The third term began Monday, October 16, 1815, at the house of Absalom Duckworth, with the same presiding officers. Davis Floyd and Elias Roberts, upon producing satisfactory evidence to the court that they were legally authorized to appear as counsellors and attorneys- at-law, were admitted to practice in this court. Henry Robertson was placed on trial for assault and battery and found guilty of assault but not of battery. The court granted a new trial and he was tried on the following day before "twelve good and lawful men," and found not guilty. Several indictments were returned by the grand jury and a few criminal causes were tried and disposed of.
This was Judge Blackford's last term on the bench of Posey county. He was appointed judge of the Supreme Court of Indiana, December 10, 1817, this position being made vacant by the death of Judge John Johnson. Judge Blackford occupied the supreme bench until January 3, 1853. It is probable that he did more to establish the early courts of Indiana upon a sound and correct basis than any other man. He edited the first eight volumes of the decisions in the Supreme Court of Indiana, and these reports have been regarded by courts and lawyers as among the very best edited of the Indiana court decisions. David Raymond was appointed by Governor Thomas Posey to succeed him.
Up to this time the bar docket shows the following names of attor- neys practicing in the courts of Posey county: John Johnson, George R. C. Sullivan, William Prince, Mr. Douglas, Davis Floyd and Elias Roberts.
The fourth session began Monday, March 18, 1816, at the house of Absalom Duckworth, with David Raymond as presiding judge. Wil- liam Prince resigned his office of prosecuting attorney and Davis Floyd was appointed to succeed him. The grand jury found several indict- ments and a number of criminal cases were tried. A few civil causes were on the docket but none were tried.
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The next term of court was convened June 17, 1816, as usual at the house of Absalom Duckworth, but as the court house at Blackford was ready for occupancy, court adjourned to meet at Blackford at 10 o'clock the same day. Here Thomas H. Blake and John Fletcher were admitted to the bar.
The first court under the State law was convened at Blackford Oc- tober 21, 1816, with John Graddy as associate judge. Davis Floyd, pros- ecuting attorney, was absent and Richard Daniels was appointed to act until the next term of court.
In March, 1817, William Prince was succeeded by Judge Raymond as presiding judge and Alexander Mills and Thomas Givens on producing their commissions, took their seats as associate judges. Richard Dan- iels was regularly appointed prosecuting attorney for the county of Posey. At this term the first case of slander was tried in the Posey Circuit Court. The plaintiffs were William and Rosannah Curtis, and the defendants were Samuel and Aaron Aldridge, Robert Graham and John Bostick. It was brought for slanderous words alleged to have been spoken by the defendants against the virtue and character of the plain- tiff. The defendants acknowledged in open court that they knew noth- ing defamatory to the plaintiff's character or virtue, and the case was dismissed at their cost.
The first appeal to the supreme court was taken at this term. It was a civil cause for debt between Arthur Green and Thomas Miller. The plaintiff had received a judgment for $165 and the defendant appealed. G. R. C. Sullivan was attorney for the appellant. The names of Daniel Huntington and David Hart first appear as attorneys at this term of court and both became eminent in their profession in later years. At the June term of 1817 the first change of venue was granted. It was a case of Thomas E. Casselberry vs. Joshua Elkins. It was sent to the Gibson Circuit Court at the plaintiff's request. At this term a case for slander was brought by Francis Hopkins against Anthony Griffin. It was tried before a jury of "twelve good and lawful men" whose names were: Nicholas Long, William Greathouse, Thomas Booth, William C. Carson, Alexander Barton, John Lewis, Adam Albright, John Duck- worth, William Givens, William Alexander, James Duckworth and James Todd. They found "the defendant guilty in manner and form, as the plaintiff in his declaration has alleged, and do assess his (the plain- tiff's) damages to $1,000."
Court convened at Blackford in October, 1817, but immediately ad- journed to meet at Springfield, the new county seat. Judge Prince was still presiding but this was his last term. He was succeeded in Feb- ruary, 1818, by Hon. David Hart. James R. E. Goodlett, Charles Dewey and John Law were admitted to practice at the Posey bar as attorneys and counsellors during this term and at the May term in 1818 James
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Dougherty and Thomas C. Brown were admitted. The following was the oath administered to attorneys and others: "I swear I will do no falsehood, nor counsel to the doing of any in the courts of justice, and if I know of any attempt to commit any, I will give knowledge thereof to courts, that it may be prevented. I will not willingly promote or see any false, groundless or unlawful suit, nor give aid nor counsel to the same."
The grand jury on the second day of the October term in 1818 found an indictment against George F. Gibbons, otherwise George Gibbons, otherwise George Givens, for the murder of Dr. Thomas Moore Parke, in the handwriting of and signed by Richard Daniels, prosecuting attor- ney. This was the first indictment for murder in Posey county.
Dr. Parke had fallen a victim to the anger he had excited by stealing a human corpse (that of a man named Peter Hendrix) and carrying it from the graveyard in which it was entombed and hiding it in his barn. The indictment charged "that the defendant, being a laborer and not having the fear of God before his eyes, and at the instigation of the devil, did on the 29th day of March, 1818, feloniously, willfully and of his malice aforethought, strike and beat with an ashen club or stake the said Thomas Moore Parke in and upon the left temple, whereby a fracture of the skull was effected, a mortal wound, of which he, the said Parke, did languish, and languishing did live one minute, and on the said 29th day of March did die of the said mortal wound." The defendant pleaded not guilty, and a continuance was granted from time to time. In the meantime Rachael Given had been indicted as an acces- sory before the fact to the murder of Thomas Moore Parke, and it was charged that she offered a reward publicly to any one who would kill Parke, and it was further alleged that in the hope of gaining this reward, George Gibbons, alias George Givens, was induced to commit the mur- der. This made Gibbons the most important witness in the case against Mrs. Givens and Gibbons was assisted to escape from the county and he and his wife were placed in a small boat, given a jug of poisoned whiskey and started down the river, and Gibbons died from the effects of the poisoned whiskey before they had floated many miles down the stream. Both cases were dismissed for lack of evidence.
At the September term, 1818, Willis C. Osborn, William Hoggatt and James A. Boise were admitted to the bar. The case of the State of Indiana against Edward C. Fitzgerald, alias Brown, was dismissed at this term. The defendant in this case had been charged with having stolen a large amount of bank notes, silver coin and other property from the store of George Rapp and associates at New Harmony, on the thir- teenth day of April, 1817. The indictment against him was returned by the grand jury at the June term, 1817. He was tried and found guilty, but made his escape from the jail while the decision of the court on a motion
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for a new trial was pending, notwithstanding the fact that the county had been at great expense in hiring guards to watch the jail while he was confined therein. The indictment was signed by Richard Daniels, prosecuting attorney, and indorsed by William Casey, foreman of the grand jury. The witnesses were John Shiver, Mathew Sholly, Frederick Eckesparger, William Weir, Joseph Lockwood, John Baker, Francis James, George Codd, Ratliff Boone, Dann Lynn, Wilson Butler, David Lawrence, Wright Stallings, Thomas D. Anderson, Daniel Akin and L. Barter.
David Love qualified as clerk and recorder of Posey county, and James P. Drake as his deputy. This was the last term of Judge Hart upon the Posey circuit bench. He was succeeded by Hon. Richard Daniels and William Prince was appointed prosecuting attorney. Jephtha Har- den, Henry Dulaney, William F. Mosley, Laban Jones, George W. Lindsey and Amos Clark were admitted to the bar.
At the March term, 1819, the first divorce case appears on the docket. The case was carried over to the next term when it was dismissed, the plaintiff being required to stand in miseri cordia. General W. Johnson, Charles I. Battell and Samuel Hall were admitted to the bar at this term and Robert M. Evans was admitted in October following.
Nearly all of the foremost attorneys in southwestern Indiana were now practicing at the Posey bar, some of whom afterward became known throughout the State.
Judge Raymond is said to have been a splendid lawyer and a man of more than ordinary ability.
Richard Daniel was an able and successful lawyer and made crim- inal law a specialty, practicing in the courts of all the neighboring counties.
Judge David Hart was a very able man, noted for his uprightness and integrity. Some of the most important of the early cases were dis- posed of during his term upon the bench.
Thomas H. Blake was one of the most widely known attorneys in southern Indiana and afterwards became circuit judge in his district. His name appears for the plaintiff in the first case reported in the su- preme court. He was a candidate for United States senator in 1839, but was defeated by Albert S. White by only one vote.
Charles Dewey, a resident of Harrison county, was an able prac- titioner at the bar and served on the supreme bench for a time.
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