USA > Indiana > Rush County > History of Rush County, Indiana, from the earliest time to the present, with biographical sketches, notes, etc., together with a short history of the Northwest, the Indiana territory, and the State of Indiana > Part 35
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Bedford County, Pa. Mr. and Mrs. Rhodes entered upon their married life upon the farm they now occupy and there they have ever since continued to reside. The life occupation of Mr. Rhodes has been farming, and in this connection his efforts have been liber- ally rewarded. They have been the foster parents of three children : The first was William A. Schaffer, who remained with them from the age of thirteen to the age of twenty-one, when Mr. Rhodes gave him a horse, saddle and bridle, suit of clothes and $300 in money. The second child was Ettie Eagle who remained with Mr. and Mrs. Rhodes, from the time she was five years old until she became of age. The third child was Elmer Roberts, who is a nephew of Mr. Rhodes. He has now reached the age of fifteen and his home has been made with Mr. and Mrs. Rhodes ever since he was seven months old. Mr. Rhodes and wife are members of the Christian Church. In politics, Mr. Rhodes is a Democrat. He has a farm of eighty acres which is in a good state of improvement and cultivation.
ALBERT RHODES, of the village of Mays, Center Township, was born in Montgomery County, Ohio, August 29, 1840. being the son of Lewis and Henrietta Rhodes, who were natives of Montgomery County, Ohio, and Rockingham County, Va., respect- ively. His father was the son of Philip Rhodes, and his mother was the daughter of Charles Yost. When he was eight years old, his parents came to Rush County, and settled in Center Town- ship, where his early life was spent upon a farm. He was married at twenty-one years of age, or February 27, 1862, to Mary Hollin- head, who was born in Hancock County, Ind., November 25, 1844. She was the daughter of Thomas and Leah Hollinhead. Ever since their marriage Mr. and Mrs. Rhodes have resided in Center Township, and for the past four years they have resided in the village of Mays. The chief occupation of Mr. Rhodes has been farming though he has also given some attention to the buying and selling of live stock and to the preparation and sale of fresh meats. He and wife are the parents of eleven children: Flora B., born January 5, 1863; Sarah M., born June 30, IS64; Emma F., born August 2, 1866, died September 1, 1870; Anna J., born March 31, 1867; James W., born December 24, 1869; Mollie M., born April 9, 1872; Owen W., born August 19, 1873; Mattie M., born July 17, 1875: Eva E., born May 2, 1877; William H., born June 30, 1879, and Iva E., born February 23, 1882. Mr. and Mrs. Rhodes are the grandparents of two children: Rella F., born June 19, ISS2, and Elva G., born August 10, 1885. The political affil- iations of Mr. Rhodes are with the Democratic party.
WILLIAM F. RHODES, farmer of Center Township, is the son
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of Abraham and Mary Rhodes whose history is given elsewhere in this work. He was born upon the old home place where his father now lives, in Center Township, December 13, 1845. His early life was spent assisting to plant and cultivate the crops in summer, and attending school in winter. He was married to Miss Eliza Buscher, March 1, 1866. She was born in Ripley Town- ship, January 13, 1848. Her parents, Edward W. and Susann Buscher, were natives of Germany and Ohio respectively, both of German descent. Immediately after their marriage, Mr. and Mrs. Rhodes located upon the farm they now occupy, where Mr. Rhodes has given his undivided attention to farming. They have had four children: Edward A., Ara L., Amy D. and Effie I., all of whom are living except Amy D., who died in childhood. Mr. and Mrs. Rhodes are members of the Christian Church. In politics Mr. Rhodes is a Democrat. His farm contains about 102 acres a good share of which is in a high state of cultivation. It contains a hand- some residence and is in other respects well improved. Mr. Rhodes is an honorable man and a good farmer.
JOHN F. SOUTHER, farmer of Center Township, was born in Wilkes County, N. C., being the son of Joshua and Martha Souther, both natives of Wilkes County, N. C. He was reared in his native county, on a farm. In 1849, he came to Rush County, and has ever since been one of the farmers of Center Town- ship. He was married to Mary Ann Bowles, who bore to him eight children, Alvina, Josephine, Dora, Henry, Emma F., Addie, Viola, and a son that died unnamed. Of those named, Alvina, Josephine and Dora are deceased. Mrs. Souther died July 15, ISSI. In politics, Mr. Souther is a Republican. He owns forty acres of land, is an industrious man and a good citizen.
DANIEL O. STOWHIG, farmer of Center Township, was born in Ireland, August 18, 1837. His parents both died when he was yet an infant child, there being but one day between their deaths. He has, therefore, but very little knowledge of his father and mother. While he was a small child they came to America and to Henry County, Ind., where they both died. The early life of our subject was spent upon a farm in Center Township. In August, 1861, he entered Company I, Thirty-seventh Indiana Regiment, with which he served three years. He came back to Rush County, and on the 29th day of August, 1870, he was mar- ried to Mrs. Nancy C. Wysong, who was the daughter of John and Nancy Temple. She was born in Rockbridge County, Va., September 29, 1838. They entered upon their married life in Knightstown, and in the spring of 1871 they settled upon a farm in Ripley Township, this county. Two years later they removed to
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Center Township, and after a residence of one year upon the farm now occupied by Jonathan L. Lord, they settled upon the farm they now occupy. They are the parents of two children, Iva C., and Harry H., both living. By her first husband, George W. Wy- song, Mrs. Stowhig had three children, Washington, Frank M., and Perl O., the first two of whom are deceased. Mr. and Mrs. Stowhig and daughter Perl are members of the Methodist Epis- copal Church. In politics, Mr. Stowhig is a Republican. He and wife have a good farm and a comfortable home where they reside.
ANDREW J. TODD, who has resided in Center Township since IS49, was born in Mercer County, Pa., March 6, 1820, being the son of John and Mary M. Todd, the former a native of Ireland, and the latter a native of Montgomery County, Pa. His father was of Irish and the latter of Dutch descent. He was reared on a farm in his native county. When he was nineteen years old he came to this State and spent a few months in Ripley and Franklin counties, working at farm work. He then came to Rush County, a resident of which he has been ever since. He was married August 10, 1842, to Elizabeth David, who was born in Bourbon County, Ky., October 25, 1818, being the daughter of Jacob and Catharine David, both natives of Pennsylvania. The life occupation of Mr. Todd has been farming. He and wife have had seven children as follows: Catharine, John, Rachel, Leah, Mary, Jacob D. and Joseph W., of whom Mary is deceased. In politics Mr. Todd is a Democrat. He owns 117 acres of good land, most of which is in cultivation.
JOHN HENRY W. WEAVINGER, a prosperous farmer of Center Township, was born in Owen County, Ind., March 6, 1850. He was the son of John and Susan Weavinger, the former of whom was born in Germany, and the latter was born in Pennsylvania, both of German descent. When he was about five years old his parents removed to Richmond, this State, and one year and a half later they settled upon a farm six miles southwest of that city, where the youth of our subject was spent upon a farm. He was married in Center Township, this county, on the roth day of June, 1875, to Miss Jennie Buscher, who was born in Ripley Township, this county, January 20, 1855, being the daughter of Edward W. and Susann Buscher, of Center Township. Mr. and Mrs. Weav- inger entered upon their married life upon a farm in Wayne County, and about fifteen months later they came to Rush County, and have ever since resided upon a farm in Center Township. They have occupied their present home since the Ist of August, ISSI. They have had born to them two children, Anna B., born June 17,
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1876, and Willie L., born July 5, 1877, died February 22, 1878. In politics, Mr. Weavinger is a Democrat. He and wife have a comfortable home and fifty acres of good land, a good part of which is in cultivation.
ELDER HARVEY WRIGHT, of Center Township, is a native of Montgomery County, Ohio, born September 9, 1820, being the son of Dan and Catharine (Reeder) Wright, who were respectively natives of Vermont and Ohio, the former of English, and the latter of Welsh and German descent. His father was the son of Dan Wright; his mother was the daughter of George and Margaret (Van Cleve) Reeder, who are presumed to be natives of Pennsyl- vania. When he was yet a young child less than a year old his parents came to Rush County, and became among the first settlers of Richland Township. There his early life was spent assisting to clear and cultivate his father's farm. When he was in his twen- tieth year, or in 1840, he accompanied his parents to Orange Town- ship, Fayette County, where they settled upon a farm. During his boyhood he attended the district school, but the advantages were poor, consequently his early education was quite limited. This lack of early training has been somewhat mitigated though by reading and home study. During the winters of 1842-3, and 1843-4, he taught public school in Fayette County. Before his second term of school closed he was married, on the 27th day of Decem- ber, 1843, to Miss Delilah Stephen, who was born in Fayette County, Ind., March 2, 1827, being the daughter of Thomas G. and Hannah (Sutton) Stephen, who were natives of Pennsylvania and Ohio, respectively. Her father was the son of Levi and Delila (Gatrell) Stephen, who were natives of Pennsylvania. Her mother was the daughter of David and Letitia (Gard) Sutton. Mr. and Mrs. Wright entered upon their married life upon a farm in Orange Township, Fayette County. They continued to reside in that township until the year 1865, when they removed to Center Township, this county, and they have ever since occupied their present home. Mr. Wright has a farm of 182 acres, about 130 of which is in cultivation. His farm is well improved and very desir- ably located. Mr. and Mrs. Wright have had eleven children, as follows: Drusilla, born November 27, 1845; Thomas, born Janu- ary 12, 1848; George, born April 28, 1850; Frances A., born November 26, 1852: Dan, born September 26, 1854; John, born April 8, 1856: Emma J., born April 2, 1858: Joseph A., born No- vember 26, 1860, died August 19, 1887; Rhoda C., born Septem- ber 16, 1866; Eva E., born August 29, 1869, and Luella G., born February 23, 1872. In July, 1850, Mr. and Mrs. Wright joined the Baptist Church, of which they have been devoted members
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ever since. M 1854, Mr. Wright was ordained as a minister in that church, and he has continued to labor in that capacity ever since. His ministerial labors have chiefly been performed in Rush and Fayette counties, though his transient labors as a minister ex- tend to eleven different States of the Union. In politics, Mr. Wright is a Democrat. He is an intelligent, well read man, and in addition to general information, he possesses a masterly knowledge of the Holy Scriptures, to the discussion and correct interpretation of which a good portion of his time is devoted. He is unequivo- cally opposed to secret societies, and believes that our affiliations should be confined strictly to that society which embraces the prin- ciples of the Christian religion.
THOMAS WRIGHT, the present Trustee of Center Township, was born in Fayette County, January 12, 1848. His father, Rev. Harvey Wright, was born in Ohio, and is now a time-honored Baptist minister and prominent citizen of Center Township. His mother, whose maiden name was Delilah Stephen, is a native of this State, having been born in Fayette County. His boyhood was spent in his native county upon a farm. In February, 1865, he accompanied his parents to their present home, where he remained with them upon the farm until the time of his marriage, which occurred January 26, 1868. The lady that became his wife was Miss Mary E. Vandall, who was born in Shelby County, this State, April 22, 1849. Ever since their marriage Mr. and Mrs. Wright have resided in Center Township, except about eight months of the year 1881, during which they resided in Jackson Township. They have occupied their present home since October, IS81. They are the parents of two daughters: Effie H. and Cora F., the for- mer of whom is at present a teacher in the public schools of Rush County. Mr. and Mrs Wright are both members of the Christian Church. In politics, Mr. Wright is a Democrat. He was elected Trustee of his township in the spring of ISS4, and was re-elected in the spring of 1886, with an increased majority, which is evidence of his standing as a citizen and of the good management of his office. He is one of his township's most industrious farmers, and he and wife are among its best citizens.
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CHAPTER V.
BY THOMAS J. NEWKIRK.
BENCH AND BAR-FIRST CIRCUIT-EARLY JUDICIAL SYSTEM - ORGANIZATION OF THE COURTS-FIRST SESSIONS-THE YOUNG MURDER TRIAL -TRIAL AND EXECUTION OF SWAN- SON -OTHER MURDER CASES-COMPARISON OF BUSINESS OF THE EARLY COURTS WITH THAT OF THE PRESENT- THE MEGEE WILL CASE -- THE COURT OF COMMON PLEAS- ATTORNEYS OF PROMINENCE - THE PRESENT BAR -JUDGES AND OTHER COURT OFFICERS-ROLL OF ATTORNEYS.
N the year 1822, Rush County was part of the Fifth Judicial Circuit of Indiana. This circuit was bounded on the south by Jefferson County, on the north by the State of Michigan, on the east by the State of Ohio, and ex- tended westward about seventy-five miles. The country was new and thinly settled, there were no roads, travel was almost entirely by horseback, following the traces and blazes made by the pioneers in their early struggles with nature. The judiciary system was not unlike the country. It, too, was in its infancy. The bench consisted of a President Judge, elected by the Legislature, and two Associate Judges. The As- sociate Judges were generally farmers, who did not pretend to know any law, but they could over-rule the President Judge even on the most important questions of law, and could hold court in his absence. The President Judge traveled over the district on horse- back, and was generally accompanied by most of the prominent lawyers, as their business was co-extensive with the circuit. They carried their papers and law books in their saddle bags, and were always ready to transact legal business. The opening of a term of court always brought the people into town for miles around to hear the lawyers plead.
The organization of the Rush Circuit Court, took place on April 4, 1822, at the house of Stephen Sims, just south of the City of Rushville. William W. Wick, President Judge, and North Parker and Elias Poston, Associate Judges, presented their certifi- cates of appointment and were all sworn into office. Robert Thompson, as Clerk, and John Hays, as Sheriff, also presented their certificates of appointment and took the legal oath. A rudely
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constructed device capable of making some unintelligible impression on paper was presented by the Clerk, and adopted by the court as its seal. Court then adjourned to meet at 2 o'clock P. M., at the house of Jehu Perkins, about five miles southeast of Rushville; no reason is known why the court left the county seat to meet five miles away, the late George Sexton said it was because Perkins kept a distillery there. Court met at the appointed time, and Hiram M. Curry was admitted to the Bar, and sworn in as Prose- cuting Attorney. The Sheriff brought in a Grand Jury, consisting of William Junkins, Jesse Perkins, Nate Perkins, Christian Clymer, John Walker, Powell Priest, Garrett Durlin, John Lower, Jacob Reed, John Hall, Richard Hackleman, Benjamin Sailors and Peter H. Patterson. The Grand Jury was sworn and charged, and re- ported no indictments, and were paid 75 cents each for their ser- vices. The court then adjourned, to meet next term, at the house of John Lower. At this first term of Court no business was trans- acted, the Rush Circuit Court in embryo had organized and lasted a single day. Of the Judges, Court Officers and Grand Jury, of that term, not one is living, sixty-five years after the adjournment.
The October Term, 1822, convened on the fourth of that month, at the house of John Lower, about three miles south, and a little west, of Rushville. Lower kept a tavern, and his place was known far and near. Judge Wick failed to put in an appearance, and the Associate Judges convened the court. John Hays, the Sheriff, did not appear. His mind had become impaired, and while wandering about in Hancock County he was arrested and put in the county jail, which he set on fire and perished in the flames. Richard Hackleman, the Coroner, empanelled a Grand Jury, of which Ed- ward J. Swanson, afterward conspicuous in the criminal annals of the county, was foreman. At this term Martin A. Ray, Charles H. Test, Joseph A. Hopkins, James Noble, James Raridan and Charles H. Veeder were admitted to the Bar. The first case in court was that of Thomas Colbert vs. Rachael Colbert, alias Ra- chael James, "on a libel for divorce." James Noble appeared for plaintiff. The defendant was defaulted, notice of the pendency of the action having been given by publication in the Brookville Enquirer. The court fixed the tavern license at $10, and license was granted Jehu Perkins and Richard Thornburgh. The Grand Jury at this term returned several indictments, among them one against John Ray for hog-marking. The defendant was acquitted on the ground that the offense was committed before the organiza- tion of the county. The court then adjourned to meet next term at the house of Robert Thompson, in Rushville.
The April Term, 1823, met on the 24th of that month, at Robert
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Thompson's house in Rushville, only the Associate Judges being present. Nathaniel W. Marks, having been appointed Sheriff, entered upon the discharge of his duties. Hiram M. Curry re- signed as Prosecuting Attorney, and Charles H. Test was appointed to fill the vacancy. At this term of court, Aaron Anderson, a native of Ireland, renounced his allegiance to George Fourth and became the first person naturalized in Rush County. Oliver H. Smith was admitted to the Bar. Daniel Lawman was convicted for selling liquor without license, and fined $2 in each of two cases. The judges allowed Charles H. Test $Io for his services as prosecutor, and allowed themselves $6 each for services.
The August Term, 1823, convened on the 14th day of that month, with Miles C. Eggleston, President Judge, Parker and Pos- ton, Associates, and the same Clerk and Sheriff. The business of this term as heretofore, consisted principally of State cases of but little importance. The case of Isreal Cox vs. James Greer, slander came on for trial. The slander consisted of Greer's having charged Cox with stealing his hogs. Charles H. Test appeared for plain- tiff, and Oliver H. Smith for defendant. The trial took place in a log court house, and in the course of his argument, Smith said that the speaking of the words had not been shown by the evidence; at this, Greer, who was on the outside, run his head through the win- dow and yelled out, " Don't lie Smith, I did say he stole my hogs, and I stick to it." Smith then told the court Greer had been drunk ever since the trial commenced, and asked that he be sent to jail until the trial was over. This was done and Smith gained the case.
The April Term, 1824, was uneventful, a number of State cases against Joseph Looney were disposed of; Joseph being worsted in all of them. James Greer came into court drunk, and was fined for comtempt. Clerk Thompson and Sheriff Marks were each allowed $30 for one year's service.
The September Term, 1824, was held at the house of Robert Thompson, in Rushville. At this term of court the following or- der was made: " Ordered by the Court, now here, that the prison bounds for the County of Rush, shall be the limits of the town plat of Rushville, as recorded in the Recorder's office of the County of Rush." This prison limit was made for the prisoner for debt.
The April Term, 1825, was held at the house of Christian Cly- mer. Hon. Bethuel F. Morris entered upon his duties as President Judge. Rue Pugh was appointed Master in Chancery. Isaac Ar- nold, a native of " Isle of Wight, Old England," made his applica- tion and was naturalized.
At the September Term, 1825, John Gregg succeeded North
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Parker, as one of the Associate Judges. Calvin Fletcher, Esq., pre- sented his commission and was sworn in as Prosecuting Attorney.
At the April Term, 1826, William S. Bussell entered upon the discharge of the duties of his office as Sheriff, and Calvin Fletcher as Prosecuting Attorney. At this term James Divers was tried and convicted of larceny, and given one year in the penitentiary. The business of this term was about all criminal, the defendants being in most cases charged with assault and battery, and betting, and were generally found guilty.
The October Term, 1826, was held in the court house, in Rushville. James Mitchell presented his commission and was sworn in as Prosecuting Attorney. Sampson Cassady was one of the Grand Jurors. He is now (November, 1887), the only man living who served on a Grand Jury at so early a date. William Klumm and Charles H. Veeder, were indicted, tried and found guilty of an affray. They appealed the case to the Supreme Court where it was reversed ( Ist Black. 377). This was the first case appealed to the Supreme Court from Rush County.
At the April Term, 1827, James Whitcomb presented his com- mission and was sworn in as Prosecuting Attorney. The business of this term as heretofore was mostly criminal. . The slander suit of Frances Clark vs. George Taylor was tried and verdict ren- dered for $50 against defendant.
The Young Murder Trial .- The October Term, 1827, con- vened with Judge Bethuel F. Morris as President Judge, and John Gregg and Elias Poston, Associates. It was at this term that the first murder trial in Rush County took place. Alexander Young had been indicted for the murder of John Points, a jury consisting of Robert Groves, Benjamin Heady, Nicholas Barton, Asa Beck, John W. Barbour, Richard Thornbury, Landy Hurst, William Kitchen, George Conrad, John Iler, John Ferris, and Josiah Lee, was empanelled, and the trial prosecuted. The prosecution was conducted by Hon. Oliver H. Smith and James Whitcomb. The defense was by Charles H. Test, James Raridan and James T. Brown. The facts in the case were very unfortunate. Young was a thrifty, well-to-do farmer, and had a beautiful daughter about seventeen years old. Points was a young man of respectability, the son of a neighboring farmer. He was much attached to Miss Young, but her father would not consent to their marriage, and elopement followed. Young pursued the fleeing couple, and by running across the corner of a woods got ahead of them. He con- cealed himself behind a tree, and when the couple, who were both riding the same horse, came up, Young fired upon them with his rifle. The ball grazed the head of Miss Young, and entered that
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of Points, who died two hours later. From the time the fatal shot was fired Young was completely overcome with sorrow, and ex- pressed such evidence of grief that he enlisted public sympathy in his favor. His defense was so ably conducted that he was only found guilty of manslaughter and received the minimum sentence of the law, one year in the penitentiary. Thus justice had been tempered by mercy. The Governor soon pardoned Young. He returned to his home broken and ruined in fortune and hopes, and it is said he never smiled after he fired the shot. The daughter afterward married, but the strain of her awful experience preyed upon her until her mind became wrecked. For thirty years before her death she was a raving maniac, oblivious to all things, but the memory of June 4, 1827.
The April and October Terms, 1828, were of no importance in any way of business transaction.
The Swanson Case .- At the April term, 1829, Edward J. Swan- son was indicted and tried for the murder of Elishi Clark; the prosecution was conducted by William W. Wick and James Whit- comb, and the defense by Charles H. Test. The indictment em- bodied the essentials of the common law. It was drawn by James Whitcomb, and from it and the crushing prosecution escape was hopeless. The jury returned a verdict of guilty, which stands alone in the severity of punishment in the judicial history of the county. The defendants filed a motion for a new trial, assigning as one of the reasons that the Judge had charged the jury " that they were the judges of the facts and the court the judge of the law. " The Judge, lIon. B. F. Morris, over-ruled all the mo- tions and sentenced Swanson to be hanged on the following May IIth, one month after the trial. Swanson disheartened, yielded to the inevitable and refused to appeal his case to the Supreme Court where there is scarcely any doubt that it would have been reversed. The execution occurred at the time fixed, and Swanson was the only man who ever paid the extreme penalty of the law in Rush County by an ignominious death upon the scaffold.
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