USA > Indiana > Wabash County > History of Wabash County, Indiana, Volume I > Part 21
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
FARMS AND LANDS CLASSIFIED
It also appears from the assessors' returns that there are 2,284 farms in the county, with a total acreage of 224,996. Of the latter only 27,266 acres are under lease or rental. There are 2,287 aeres of waste land; 54,225 of pasture land; 22,682 of timber, and 3,862 cultivated to orchards. Incidentally, the farmers use 1.150 windmills.
TAX PAYERS AND THEIR PROPERTY
A table perhaps of more general interest is that compiled by the assessor showing the valuation of taxable property as returned by the different townships and corporations, the number of polls (tax-payers) and the mortgage exemption allowed by the Board of Review :
Name of Townships
No. of
Net Value of Taxable
Mortgage Exemp- tion
Chester Township
387
Property $2,665,640.00
$ 73,720.00
La Gro Township.
410
2,763,035.00
107,280.00
Liberty Township
220
1,534,750.00
41,910.00
Noble Township.
418
3,028,185.00
84,800.00
Pleasant Township
329
2,071,885.00
71,050.00
Paw Paw Township
248
1,391,070.00
56,710.00
Waltz Township.
301
1,399,010.00
61,960.00
City of Wabash.
1439
4,227,430.00
211,150.00
Corp. of La Gro
75
208,680.00
1,590.00
North Manchester
416
1,451,940.00
46,550.00
Roann
56
205,245.00
1,430.00
Lafontaine
101
280,405.00
3,370.00
Totals
4600
$21,222,275.00
$761,520.00
Towns & Cities
Polls
الداء
187
HISTORY OF WABASH COUNTY
SOME COMPARISONS FROM THE PAST
In comparison with the above the following figures for 1856, showing the value of lands and improvements in the several townships, are sug- gestive :
Townships
No. of aeres
Value
Chester
40,491
$263,840
La Gro
50,914
397,690
Liberty
27.233
247,753
Noble
65,482
663,675
Pleasant
43,037
260,105
Waltz
27,789
292,070
Total
254,946
$2,124,135
The total value of town lots and improvements in the county was $304,906 in 1856, and that of personal property, $1,301,677. Total value of taxable property, $3,730,718, as against $21,222,275 in 1913.
A comparison of the tax receipts of the present day with those of seventy-five years ago, will show how the revenues of the county and state have increased as civilization has advanced. The following receipt is for personal and poll tax for a householder in 1840: "Received of Jonathan Weesner one dollar and forty-four cents in full of his state and county tax for the year 1840 .- J. Holland, Collector Henry County."
POPULATION OF COUNTY BY DECADES
The first complete census of Wabash County was the national enum- eration of 1840, taken five years after it was organized; the returns then indicated a population of 2,756.
The census takers for the decade ending 1850 got so busy that there- after, and inclusive of that year, the returns by townships are accessible. The figures for 1850, 1860 and 1870 are as follows :
Townships
1850
1860
1870
Chester
1,539
2,615
3,143
La Gro.
2,515
3,581
4,066
La Gro Village.
293
594
519
Liberty
1,425
1,810
1,816
Noble (except Wabash)
2,523
3,650
4,485
Pleasant
1,312
2,137
2,533
Waltz
1,856
2,288
2,361
Wabash City
964
1,520
2,881
Somerset
371
Total
12,138
17,547
21,305
YTRUE
188
HISTORY OF WABASH COUNTY
The comparison shown by the concluding year of the last three decades is as follows :
Townships and Corporations.
1910 26,926
1900 28,235
1890 27,126
Chester Township.
4,910
5,214
5,438
North Manchester
2,428
2,398
2,384
La Gro Township
3,173
3,519
4,024
La Gro Town.
463
456
549
Liberty Township
1,857
1,782
1,828
LaFontaine Town
683
Noble Township
11,363
11,447
8,756
Wabash City
8,687
8,618
5,105
Ward I
1,769
Ward II
2,566
Ward III
2,131
Ward IV
2,221
Paw Paw Township
1,819
2,133
2,294
Roann Town.
447
631
582
Pleasant Township.
2,070
2,191
2,474
Waltz Township.
1,734
1,949
2,312
=
CHIAPTER XII
BENCH AND BAR
FIRST MEETING OF THE CIRCUIT COURT-FIRST GRAND JURORS-JUDGE EVERTS ON THE BENCH-TO PROVE THAT THE COURT WAS NEEDED- SECOND TERM OF COURT-ASSOCIATE JUDGES GO-MOST REMARKABLE CRIMINAL CASE-AARON FRENCH AND FAMILY-THE PITIABLE INVALID -THE FRENCH FAMILY DISAPPEARS-DEAD BODY FOUND IN CANAL -BODY IDENTIFIED AS THAT OF EDWARD BOYLE-HUBBARD AR- RESTED FOR MURDER-SEARCH FOR CRIMINAL EVIDENCES -- DEAD BODIES OF THE FRENCH FAMILY FOUND-HUBBARD AND WIFE CHARGED WITHI MURDER-THE DEATH PENALTY-HUBBARD'S PLEA-THE JUDGE'S COMMENTS-FIRST AND ONLY EXECUTION IN WABASH COUNTY-MRS. HUBBARD GETS LIFE SENTENCE-CIRCUIT JUDGES-PROSECUTING AT- TORNEYS-PROBATE COURT AND JUDGES-COURT OF COMMON PLEAS AND JUDGES-PIONEER MEMBERS OF THE BAR- JUDGE JOHN U. PETTIT -JUDGE JAMES D. CONNER-HION. CALVIN COWGILL-GENERAL PAR- RISHI AND CAPTAIN WILLIAMS-LESSER LIGHTS-PRACTITIONERS OF THE '80S-WABASH COUNTY BAR ASSOCIATION.
The Circuit Court has always been the chief judicial body of Wabash County, and since 1873 has been its sole tribunal of justice. Its first civil organization, in 1835, provided for the election of two associate judges to assist the presiding judge of the circuit, who was not present at the first session. In 1836 the Probate Court was organized and con- tinned to adjudicate those matters pertaining to it, until it was abolished in 1852 and its business transferred to the Court of Common Pleas. That body was legislated out of existence in 1873, since which year the Circuit Court has had the sole responsibility of keeping the scales of justice true within the limits of Wabash County.
FIRST MEETING OF THE CIRCUIT COURT
On Thursday, June 1, 1835, Hon. Gustavus A. Everts, presiding judge of the Eighth Judicial Cireuit, being absent, the associate judges
189
190
HISTORY OF WABASH COUNTY
previously elected, commissioned and qualified convened the first ses- sion of the Wabash Circuit Court. This is the record of their pro- ccedings :
"June 11, 1835.
"Daniel Jackson and Daniel Ballinger, associate judges of the Wa- bash Circuit Court, met pursuant to notice given by William Johnston, sheriff of the county aforesaid, at the house of David Burr, and adjourned to the house of William Steele in the town of Wabash, the seat of justice of Wabash County, and, after having taken as officers, as aforesaid, all the necessary oaths prescribed by the constitution and laws of the State aforesaid, which oaths were administered and certified by William Johnston, sheriff as aforesaid, agreeably to a special statute of this State in such case made and provided-the within judges having considered themselves authorized according to law to organize and hold a court in and for the county aforesaid; and William Steele appeared in proper person in open court and presented a commission from N. Noble, gov- ernor of this State, for the office of clerk of the Circuit Court of Wabash County for the term of seven years, which commission bears date the 28th day of May, 1835. Said William Steele having been duly sworn to support the constitution of the United States and the constitution of the State of Indiana, and to faithfully discharge the duties of clerk of the Circuit Court of Wabash County according to law, filed bond in penalty of $2,500, with Isaac Fowler, Isaac Thomas, S. F. MeLain and John Johnson as sureties, which was approved June 11, 1835.
"DANIEL JACKSON DANIEL BALLINGER."
FIRST GRAND JURORS
*On Monday, June 15th, four days after the meeting of the associate judges, as recorded, the board of county commissioners convened and selected the following grand jurors for the Angust term, 1835, and the February term, 1836:
Angust term 1835-Thomas Curry, S. M. Seamans, Ezekiel Cox, Ira Burr, Elmore HI. Cox, William Iliff, S. F. MeLain, Mahlon Pearson, James Wiley, Jacob Baneth, Bradley Burr, Joseph S. MeClure, Michael Chapell, Thomas Hayes, Jacob Chapell, Jacob D. Cassett, James Ball- inger and Anthony HI. Keller.
February term, 1836-Isaac Thomas, Vineent Hooten, John Russell, Gilbert Gayman, Jonathan Reed, Hugh Hanna, Jacob Barcus, Peter Milines, Joseph Hopkins, William Grant, Abraham Kentsinger, Daniel
191
IIISTORY OF WABASHI COUNTY
Darrow, William B. Cadwell, James D. Fossep, Jesse D. Scott, John Reid, Isaac Fowler and James Pain.
Petit jurors were appointed at the same time, but the greater honor was to be on the "grand jury."
JUDGE EVERTS ON THE BENCH
At the term which commeneed August 24, 1835, Judge Everts was on the bench, assisted by Daniel Jackson; also present, William John- ston, sheriff, and William Steele, clerk. The grand jurors brought into court by the sheriff were Thomas Curry, Solomon Seamans, Ezekiel Cox, Ira Burr, Sylvester F. MeLain, Mahlon Pearson, Jacob I. Barrett, Jo- seph S. MeClure, Thomas Hays, Jacob D. Cassatt and Anthony HI. Keller. Charles W. Ewing, Samuel C. Sample, Thomas Jonson, John W. Wright and William II. Coombs were admitted to practice before the Circuit Court, and then John D. Kuntz, John Pluck and seventeen other foreign- born residents of the county took out their first papers for citizenship. On the following day (August 25th) the grand jury found several in- dietments, and on the 28th and 29th the petit jury reported. The court room for these sessions was in the house of the clerk, Colonel Steele, the rather substantial brick residence which has already been described.
TO PROVE THAT THE COURT WAS NEEDED
It was certainly high time that the citizens of Wabash County had a local conrt for the trial of offenders and the prompt settlement of their troubles which could not be placated by individual compromise. There is a case in point, the narrative of which is elaimed for Major Stearns Fisher. It will be remembered that in 1834 David Burr kept a tavern on the treaty grounds. Well, some time in that year he engaged a tramp to trait on the table and make himself generally useful around the inn. Doubtless his salary was small-but still travelers have rights. So thought Mr. Mills, a guest at the Burr House, who awoke one morning to find that his purse containing $40 had been stolen.
Suspicion fell upon the serving man, whose conduct when charged with the theft strongly confirmed that suspicion. But Mr. Mills was in a hurry to continue his journey and, with no court on the ground, could not see his way clear to await the tardy processes of the law.
So Colonel Burr tied the hands of the tramp thief to an elevated railing to which horses were hitched and started for the woods for some convineing "switches," intending to give the man a lashing which he would at least remember and be a warning to others that they must
1
192
HISTORY OF WABASH COUNTY
respect the rights of his guests. By this time others had gathered in front of the hotel, among the spectators being Stearns Fisher and the Indian chief, Al-lo-lah.
When the colonel returned with his implements of punishment, the case was further discussed and landlord and guest decided that it would be the better example to the new community to allow the law to take its course.
Al-lo-lah was therefore engaged to take the prisoner to Hunting- ton, which was the location of the nearest magistrate, and at once pre- pared to leave with his man. The Indian was a noble-looking specimen of a warrior, tall and finely formed. He was faultlessly attired in native costume, had his rifle in his hand, and tomahawk and scalping knife in his belt. The prisoner was an Irishman, and his race were not lovers of the red man. This feeling was heartily returned by the Indian. Therefore the Irishman, upon being untied from the rail, tremblingly obeyed Al-lo-lah when he pointed in the direction of Hunt- ington and told him to "go."
Thus the culprit took up his march, Al-lo-lah following close at his heels and watching his every motion with the wily sagacity of a savage. Mills followed after on horseback, and, arriving at IFumtington, a magis- trate was found and the offender held to trial. Next day, the trio pro- ceeded to Marion, in the same order as before, Al-lo-lah taking good care of his prisoner, giving him no opportunity to escape. Arriving at Marion, they found court in session. The man was at once put upon his trial, convicted and sentenced, and on the following day was on his way to Jeffersonville Penitentiary in charge of the regular officers of the law.
SECOND TERM OF COURT
The second term of the Wabash Circuit Court convened on Monday, the 20th of February, 1836, at the house of Andrew Murphy. Present : Hon Gustavus A. Everts, presiding judge; Daniel Jackson and Daniel Ballinger, associate judges, Josiah L. Wines, sheriff, and William Steele, clerk. After disposing of the business ready for trial, court adjourned on March 3, 1836, after a session of four days.
ASSOCIATE JUDGES GO
For a number of years afterward, the amount of business presented to the Circuit and Probate courts was inconsiderable, and few really im- portant cases commanded attention. Under the statutes of 1852, by which the Probate Court was abolished and that of Common Pleas was ere-
193
HISTORY OF WABASH COUNTY
ated, the method of practice in the conduct of legal affairs was materially changed, as was also the routine of judicial proceedings. Subsequently, the presence of associates or county judges was dispensed with, the circuit judge exercising sole judicial authority within his province.
MOST REMARKABLE CRIMINAL CASE
In 1855 the Circuit Court (Judge John M. Wallace) tried one of the most famous criminal cases which ever engaged the attention and awak- ened the horror of an American community, and it has had no parallel- at least, in Wabash County-to this day. There are few either of the early or late generations identified with the affairs of the Wabash Valley who have not eringed before the details connected with the murder of Edward Boyle and the French family. The gruesome story has been repeatedly told, and will long stand as one of the most remarkable eases of calloused criminality on record.
AARON FRENCH AND FAMILY
In the year 1854 there lived near Rich Valley, or Keller's Station, on the north side of the Wabash near the western county line, a quiet, inoffensive man named Aaron French, with a wife and five children. He was willing to work, but lacked ambition to go abroad for it, when he could not find it near home. Although not naturally lazy, he lacked both ambition and thrift.
French owned no land, but "squatted" on Keller's farm. In the summer season he worked at such odd jobs as the neighborhood afforded, such as chopping, digging and clearing. He and his family shifted along in out-of-doors weather, but often with the coming of winter were pitiable objects of charity. Thus they lived in a little cabin for several years, when there appeared to them a couple named Hubbard, who offered to pay for the shelter of even such a roof. The Frenches were only too glad to thus add a bit to their seant income.
THE PITIABLE INVALID
One October day in 1854 French was sick abed and some of the neigh- bors ealled to see him, among whom were Stearns Fisher and James Lewis. The latter came on Saturday evening, October 6th, and listened with sympathy to the invalid's story of his troubles, his fears that he would not recover if he could not get to a milder climate, and his wish to sell what little property he had in order to carry out that plan. Vol. 1-13
م
C
194
IHISTORY OF WABASH COUNTY
On his way home, Mr. Lewis thought the matter over and decided it would be a kindness to the French family, and perhaps a relief to the neighborhood, if the sick man's plan could be realized. A morning or two afterward he started to see French and buy him out, and thus afford him the necessary means with which to leave the country.
THE FRENCH FAMILY DISAPPEARS
Approaching the cabin Lewis encountered the Hubbard couple bearing a tub of shops between them, and Mrs. Hubbard at once spoke up and said "They're all gone," adding that they were "elearing up after them."
Lewis asked them how it happened. They told him that Freneh's brother, from near Cincinnati, had come there in the night bringing news of his father's death in Iowa; that he had left them land and wished them to go there and live. The brother had arrived at Peru on the evening train, had come directly there, loaded the family into a wagon he had bought for the purpose and started back to Peru again in the night, so as to be able to take the early morning train, as at that time but two trains a day were run, one in each direction.
Hubbard informed Lewis that he had bought all their things, and on being asked how French could leave when he was so sick, said that the brother had given him brandy, and had him dancing on the floor over- joyed at the prospeet of leaving.
There were various circumstances making Hubbard's story a plausible one, and Mr. Lewis and subsequent inquirers were easily satisfied. No investigation was made, and the disappearance of French and his family gave rise to but little or no comment.
DEAD BODY FOUND IN CANAL
Hubbard lived in the cabin, undisturbed, until the spring of 1855, when developments began to be made which must have disturbed his equanimity. At this time a party of young men from Wabash went down the canal for the purpose of fishing. The water was partially drawn out that the canal might be repaired. In drawing their seine they discovered the dead body of a man, which had evidently been put there during the winter previous. The body bore marks of violence, as having been beaten with a club or stone on the back of the head. The arm was also severely bruised and cut in apparent effort at self-protection.
Coroner David Squires and Constable James Wilson were summoned and an inquest held. No one appeared who could identify the dead body
195
HISTORY OF WABASHI COUNTY
of the stranger and, a description of the body having been made, the corpse was buried between the river and canal.
BODY IDENTIFIED AS THAT OF EDWARD BOYLE
During 1854 and 1855 the Toledo. Wabash & Western Railroad was being constructed, and a large force of men had been employed along the line. An inquiry was therefore set afoot to ascertain who might be missing from this large floating population. A. C. Gardner, one of the railroad contractors, and Dr. E. B. Thomas (afterward of La Gro) reported that the description of the body corresponded to that of one Edward Boyle, who had disappeared some months previous. The grave was opened and the body thus identified.
Up to the fall previous Boyle had worked on the railroad and had boarded with the other hands along the line. In the summer he had been taken very siek and was attended by Doctor Thomas. At one time his life was despaired of and he sent for the priest, giving him some four or five hundred dollars in silver and gold coin and directing him what to do with it in case of his death. Upon his recovery the money was returned to him.
HUBBARD ARRESTED FOR MURDER
Hubbard prevailed upon Boyle to board with him, took his baggage into the cabin and the latter shortly afterward disappeared. As Boyle had no family or intimate friends in the neighborhood, Hubbard's ex- planation that he had gone into the neighborhood of Lafayette to teach school was creditable, Boyle being a man of some literary attainments. But the finding of the body of the murdered man put a different phase upon the matter, and Deputy Sheriff Thomas, Constable Tyler and others, went to Hubbard's cabin to question him further about Boyle's disap- pearance. Arriving there and listening to the conflicting stories told by Hubbard and his wife, who were both under the influence of liquor, the party became satisfied that their suspicions were well founded and, without waiting for the formality of a warrant, arrested Hubbard and his son and brought them to Wabash to appear before Justice James.
Hubbard conducted his own defence, pleading earnestly and ably for his release, and, indeed at this time there was but little positive evidence of his guilt. He was put under bonds of $500, failing to procure which he was remanded to jail to await his trial.
196
HISTORY OF WABASH COUNTY
SEARCH FOR CRIMINAL EVIDENCE
Meanwhile, the officers were on the alert for further evidence and adopted, among other expedients, the plan of secreting themselves so that they could listen to the conversations which took place between Hubbard and his wife when she came to visit him. Arriving at enough facts to justify them in the belief he was the murderer, and that Mrs. Hubbard was in possession of the money taken from Edward Boyle, Con- stable Wilson and Deputy Sheriff Thomas went to the Hubbard cabin to search for the treasure supposed to be concealed there, and in quest of more positive proof of his guilt. Stopping at the Stone Cut on the rail- road, they borrowed a pick and went on. Before they reached the cabin they met Constable M. II. Morgan, who told them that he and Isaac Keller had just been in the cabin, entering it by raising a window, and had noticed a very bad odor about the house.
DEAD BODIES OF THE FRENCH FAMILY FOUND
Mrs. Hubbard was away from home, and Messrs. Wilson and Thomas broke their way into the house by pulling out the staple which held the padlock. Upon raising the floor and beginning to dig, it was not long before they encountered the dead body of a child about eighteen months of age. Sending for the coroner, the search was continued until the horrible fate of the French family was no longer a matter of doubt. There lay in one common grave, under the floor of the cabin with so light a covering of earth over them that the stench would soon have become intolerable, the remains of poor Aaron French, his wife and five children. Some of the family had evidently been murdered while asleep, but the body of Mrs. French gave indication that she had fought for her life to the last. Over this sickening mass of corruption, with barely eighteen inches of earth to cover it, and with blood on the under side of the floor, Hubbard and his wife had lived for many months, wearing the clothes of the murdered family and using their household effects, apparently unmindful that retribution was hovering all about them.
As this greater crime overshadowed the Boyle murder, Hubbard and his wife were put on trial for the murder of the French family.
HUSBAND AND WIFE CHARGED WITH MURDER
On the 2d of August, 1855, the grand jury returned a bill charging John and Sarah Hubbard with the murder of Aaron French. They were afterward brought into court and tried separately. John Hubbard was
197
HISTORY OF WABASHI COUNTY
first arraigned, and plead not guilty. As he claimed to be unable to hire counsel, the court appointed Hon. John U. Pettit, his predecessor on the bench, assisted by D. M. Cox and John M. Wilson, of Peru. The state was represented by Isaac M. Harlan, of Marion, prosecuting attor- ney, and John M. Wheeler of Wabash. Out of 115 persons the following twelve were finally selected for jurymen: Henry McPherson, Jonathan Copeland, William Stuart, Enoch Jackson, Jonathan Weesner, A. W. Grant, R. G. Arnold, John Adams, Louis B. Musselman, Elias Parret, Jesse Jackson and Hezekiah Quick.
THE DEATH PENALTY
The trial lasted from September 3d to the 7th, the jury retiring about 10 o'clock on the night of the latter date. The next morning (Saturday) they brought in a verdict of murder in the first degree, with the death penalty.
HUBBARD'S PLEA
At the meeting of court in the afternoon, the defendant was brought in. Judge Wallace overruled the motion for a new trial, as well as an arrest of judgment, and then asked Hubbard if he had anything to say why sentence of death should not be pronounced against him. In reply he said he had not, but with the court's permission he would make a few remarks .. He then proceeded to relate some difficulties he had had with certain Irish Catholics in the neighborhood of his cabin, and surmised that revenge might have led them to concert a deep-laid plot for his rnin. In the most solemn terms, substantially denying his guilt of the charge preferred against him, he spoke of his family and especially of his idiot son, necessarily thrown, by his ignominious death, helpless upon the world; thanked Sheriff Pawling for his humanity and kind- ness, his counsel for their faithfulness and ability, the judge for his impartiality and evident leaning to mercy in his charge, complained of the language of certain persons outside the jail to him and his wife while imprisoned, and also that the jury had shown no mercy toward him in the rendering of their verdiet. At his request ex-Judge Pettit. his counsel, then read for him the following paper :
"ANSWER
"I am asked why the extreme penalty of death should not now be pronounced on me by the court.
198
HISTORY OF WABASHI COUNTY
"In the course of human judicature, now, after verdict, I have no reason known to the law to oppose this judgment. But I have a reason in conscience, and in confidence of the terrible condition of a dying man and before the loftiest of judges, I venture, though unavailing, to urge it, that I am guiltless of this terrible charge.
"My presumed guilt is wholly without a motive and inconsistent with my past character. But Providence, careful of right and revenge- ful of all wrong, remains to me now my only, but a confident hope of deliverance.
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.