History of Whitley County, Indiana, Part 45

Author: Kaler, Samuel P. 1n; Maring, R. H. (Richard H.), 1859-, jt. auth
Publication date: 1907
Publisher: [Indianapolis, Ind.] : B. F. Bowen & Co.
Number of Pages: 940


USA > Indiana > Whitley County > History of Whitley County, Indiana > Part 45


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Excitement ran high in Dunfee and vicinity upon the discovery of the murder and if the guilty persons could have been captured at once it is quite likely that Whit- ley county would have been saved the ex- pense of a costly and useless trial.


Dr. N. I. Kithcart, county coroner, was notified, and with the assistance of Dr. Mc- Googan, of Arcola, held an inquest and post- mortem which clearly revealed that Mr. Singer had been foully murdered by some person or persons unknown. The building in which the murder was committed stands on the west side of the county line road in Whitley county.


The grand jury was in session at the time of the murder and an investigation was at once commenced, but no indictments were found at that time. On Saturday, October 12th, James Cunningham and William Thompson, who were suspected of being the


When the grand jury met in November, they again took up the case and a great many witnesses were called. The grand jury was composed of the following named citizens of the county: William H. Hughes, who was foreman, Samuel Kaufman, Levi Gar- rison, Lewis Richard, Joseph Myers and Adelbert Barney. After thoroughly investi- gating the case, the grand jury indicted the said Cunningham and Thompson for the murder of George M. Singer, and an ad- journed term of the Whitley circuit court was called, mainly for the purpose of trying the said Cunningham and Thompson for the said murder.


The prisoners demanding a separate trial, Cunningham was placed on trial first. Ivers W. Leonard, deputy prosecuting at- torney, assisted by Hon. W. F. McNagny, prosecuted the case, while Hon. James M. Robinson and Hon. A. A. Adams defended Mr. Cunningham. A special venire of jurors had been called and the following named men were accepted and sworn to try the case: Appleton R. Jackson, who was foreman, Clinton Wilcox, Nicholas DePoy. David S. Bechtel, George Belch, William E. Meyers, Bayless Lower, Lewis H. Mow- ery, John Born, Cyrus Keiser, John S. Nor- ris and Melvin Blain. Wilcox and DePoy were the only members of the regular panel who were retained.


There was a large number of witnesses called and the trial was attended daily by


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crowds of people. The trial lasted nearly two weeks, the arguments of counsel con- cluding on' Saturday afternoon, December 14th. Mr. Robinson's speech defending Cunningham was a masterpiece of oratory. He said that it was the first time he had ever known a witness to leave the witness stand and refuse to answer any more ques- tions and the first time he had ever known a case where the prosecuting attorney was sworn as a witness.


About nine o'clock on Saturday night it was reported that the jury had reached a verdict, and Judge Adair was notified and proceeded to call court. Again a large crowd gathered in the court room and when the judge read the verdict of the jury, "Not Guilty," a mighty cheer was given and many people shook hands with Mr. Cunningham and congratulated him upon his release. Cunningham shook hands with his attor- neys and the jury and seemed to be the happiest man in the court room at the time. Upon motion of the prosecuting attorney, the case against Thompson was dismissed and thus ended all prospects of bringing the murderers of old man Singer to justice. It was pretty generally believed that Cunning- ham was guilty and it is said that it took four ballots for the jury to reach their ver- dict, three voting "guilty" on the first ballot, but the doubt was so strong that he was given the benefit of the doubt. The old adage, "Murder will out," seems to be slow in proving itself true in this case, but if we take the case of Eugene Aram and other noted criminal cases for precedents, there is still time for vindication.


INTERESTING INCIDENTS.


A colored man, whose name is not now remembered, resided in the southern part of Jefferson township for a short time in 1870. The following incident is related in connec- tion with this fact: At the township elec- tion in October, 1870, Otho Clark, who was the township trustee, was a candidate for re- election on the Democratic ticket. John Crowell, although a strong Democrat, was opposed to the election of Mr. Clark and as the Republicans had made no nominations for township officers, on the morning of the election Mr. Crowell went to William Bell and urged him to be a candidate for trustee, assuring him of his support and influence. Mr. Bell consented to the use of his name and when the ballots were counted it was learned that he was elected by a majority of one vote and as the colored man had voted, he was credited with Mr. Bell's election.


William Bell was one of the best edu- cated men of the early pioneers of this part of Whitley county. He had taught school in Ohio and after coming to Indiana he continued teaching for a number of years. Besides his term as trustee, he also served two terms as justice of the peace, and as administrator he settled a number of estates. He settled in Jefferson township in 1845 and resided there until his death, March 19. 1891, aged nearly eighty years.


His widow, Sarah ( Alexander) Bell, died July 19. 1906. aged ninety-one years, seven months and eighteen days. She was born in Waldo county, Maine, and was the


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oldest person in Jefferson township at the killed on a saw-mill on the Illinois road and time of her death.


William M. Gillespie says that a man by the name of Frank DuPee was one of the early pioneers of Jefferson township. He was half Indian and half French and when the Indians were sent west by the govern- ment from Raccoon Village, DuPee hid in the woods until the excitement was over as he desired to live with the white people. Afterward, DuPee married a daughter of : Jonathan Chadeon and lived in a log cabin on the land afterward owned by William Jeffries in section 24. In 1851 he loaded his goods on a wagon and started west, saying that he was going to Marshall coun- ty and that was the last seen or heard of him by Mr. Gillespie. When William Jef- fries first settled in the township, he and his family occupied the cabin vacated by DuPee.


A number of fatal accidents have taken place in Jefferson township, some of which may be mentioned here. In clearing the land and felling the large trees, it is not sur- prising that a number of men lost their lives. Mention has already been made of Levi Decker, who was killed by a rebounding limb when falling a bee tree, and his death was one of the first to occur in the township. In the fall of 1880, a young man by the name of Withrow was killed by the falling of a lodged limb while sawing logs with David Geiger. Withrow was buried in Evergreen cemetery and his faithful dog guarded the grave for several days after the burial. On April 4, 1881, John Blake was killed by a falling limb and in the summer of 1884 Louis Jerome was killed by a fall- ing snag while hauling logs.


November 15, 1880, John Brown was


at the raising of Frederick Schoenauer's barn in May, 1881, Jacob Berry was killed and Isaac Dickerson badly injured by the falling of a large plate.


October 6, 1879, D. C. Robbins was in- stantly killed by falling from a building in the village of Forest and in the autumn of 1885. Christian Bixler was killed by being thrown from a wagon by the horses run- ning away while returning from Fort Wayne.


In April. 1894, Ami Hively was killed by the explosion of a boiler at Shipley's saw- mill one mile west of Jefferson Center.


In July, 1884, Henry Londt, Jr., was killed by damps in a well that he was digging for Samuel Aultom.


THE VILLAGE OF FOREST.


The history of the village of Forest be- gins with the erection of a saw-mill in 1854, by Miller Brothers. This mill was quite a large building, the frame being composed of massive timbers that were hewn by hand. It stood on the west side of the public road in Washington township and after being operated several years by the Millers it was sold to Beckley Brothers who conducted the same until 1864, when they sold to Charles Livenspargar, who, with various partners. operated the mill for many years. The building was destroyed by fire in February, 1891, and was never rebuilt.


The site of the village was originally owned by William Bell, who sold to Calvin Maring. In 1854 Allen Quick purchased one-fourth of an acre of land of William Bell and built a residence which is still


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standing and is a part of the house occupied by Charles Livenspargar. Mr. Quick also built a house on the corner where Samuel Brock now resides and from 1859 to 1860 he was the first trustee of Jefferson town- ship under the new law. In 1866 he was elected county recorder and filled that office four years. He died in Columbia City, May 13, 1903. Meanwhile Calvin Maring laid out several lots and in 1866 Myers Brothers built a blacksmithshop on the corner opposite where Dr. White's office now is and Henry Myers erected a dwelling-house on the same lot. Soon after a wagon and carriage shop was erected in connection with the black- smithshop, but both buildings were destroyed by fire in the autumn of 1870.


In the spring of 1867, Elwood Nichols erected a large building on the lot now owned by Mrs. J. C. Raber and soon after sold the lot and building to James S. Baker, who put in a stock of dry goods and gro- ceries valued at one thousand dollars. Mr. Baker conducted the business for about three years and although he was a leader in the church and superintendent of the Sunday- school, tradition says that he kept a barrel on tap in the back room that contained some- thing stronger than cider. This store build- ing, together with a dwelling-house adjoin- ing, was destroyed by fire, February 27, 1875. At that time Marshal Wright was conducting a general store in the building. In the fall of 1870, Dr. Richards erected a building in which for many years a drug store was conducted and is still standing, being occupied now by Daniel Redman for a harness and repair shop. Other improve- ments slowly followed and during all these years the place had been known as "Sodom,"


"Lickskillet," etc., and now some of the cit- izens began to think the place should have a proper name. Accordingly when Dr. Richards' building was completed, a meet- ing was called for the purpose of naming the town. An oyster supper was a feature of the gathering and the question before the meeting was settled by ballot. Several names were proposed. Charles Livenspar- gar was desirous of having the place named "Canton," in remembrance of his native town in Ohio, but "Forest" won the day and as Forest the place has since been known. When Laud postoffice was moved to the town in 1880, the question came up of chang- ing the name of the town so that the name of the town and the postoffice should be the same. The postoffice department refused to recognize the name "Forest" as there was already a postoffice in the state by that name. Another meeting was called and an- other ballot taken with the same result. The people refused to give up the name of "Forest" and so the name of the postoffice remained "Laud" and the name of the town remained "Forest." When the postoffice was discontinued in 1903, it was supposed that the name "Laud" would never more be heard, but not so, as the town is called "Laud" about as often as it is called "Forest."


In 1878 G. M. Bainbridge, of Columbia City, erected a large frame building in the south part of the town in which he placed a large stock of general merchandise in charge of Manford D. Yontz, who con- ducted the same until 1882, when he was elected county auditor, when Mr. Bainbridge sold the building and a two-thirds interest in the goods to Leonard S. Maring, and


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Simon Bennet became the manager of the business. In the spring of 1884, Mr. Bain- bridge sold his entire interest in the store to Mr. Maring and at Mr. Maring's death, in 1892, Mr. Bennet came into possession of the store and is still conducting the business.


In 1880 D. V. White put up a building in which Edwards & Anderson, of Colum- bia City, put in a stock of hardware. They soon after sold to James W. Burwell, who conducted a successful business for several years. In 1885 L. L. Kimmel purchased a lot of Lewis Deems on the west side of the street upon which he erected a building in which for several years he conducted a gen- eral hardware business, having purchased the stock of Mr. Burwell.


The first drug store in the village was started in the autumn of 1870, in the build- ing erected by Dr. Richards, by Blount & Hoover, of Huntington, and was conducted by a man by the name of McGovney; the store afterward passed into the hands of Marshall Wright, then to M. G. Wright, William Metzler, Perry Long, Deems & Raber and is to-day conducted by Warren J. Deems as a drug and general store.


At one time James G. Dyer conducted a small grocery store, as also did Newton . Boles, Lewis Deems & Son, George W. Irwin and George W. Baugher. George W. Kelsey is conducting a grocery store in the town at the present time. Brock & Coolman, Samuel D. Raber and William Schoenauer have been engaged in the hardware business in the town. Edward C. Schoenaner con- ducted the only hardware business in the village for several years and recently sold to Daniel Tachantz & Company.


in successful operation in Forest, but it has long since ceased to do business.


The town has not been without a black- smithshop since Myers Brothers started their shop in 1866, since which time the vil- lage "smithy" has been operated by Erastus Witham, Richard White, Louis Lavine, Vic- tor Vincent, John Bitner, Frank Zellers, C. E. Rothmel, etc.


In 1883 William Tschantz purchased a lot of Charles Livenspargar and put up a building for a saloon. After the building was completed, Mr. Tschantz obtained a li- cense and started his business of retailing spirits in less quantities than a quart to the thirsty citizens of Forest. He was not a very shrewd business man, evidently, for there were soon so many indictments re- turned against him by the grand jury for violating the liquor law, that he could not get his license renewed and the business went into other hands. William H. Pence con- ducted the business for several years and it is said that he run the saloon as nearly ac- cording to law as such a business can be run. Afterward John Runier became man- ager of the place and soon the saloon be- came such a nuisance that the people began to discuss various plans to get rid of it. About this time Mr. Runier sold out to a man by the name of Hamilton, of North Manchester, who sent a notorious character. who called himself a "cow boy," to take charge of the business.


The women of the town and community organized for the purpose of fighting the sa- loon and held many meetings. Upon two or three occasions they went in a body to the saloon to prevail upon Mr. Hamilton to give


For a number of years a grist mill was up the business. On one of these occasions


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the "cow boy" made some great boasts and told the ladies that he had been employed to run a saloon in Forest and he proposed to do it if it took blood.


Soon after this some one entered the sa- loon at the dead of night, when the manager was temporarily absent from the village, and opened every barrel, cask and bottle in the room and let the contents run out. It was said that the slop was ankle deep on the floor the next morning. Soon after this calamity. Mr. Hamilton moved his furniture from the building and the town and that was the last of the saloon. The building in which the saloon was conducted is now occupied by Warren J. Deems as a drug and general store, and is owned by the I. O. O. F. Lodge.


Dr. John Quincy Adams Banta settled on the farm now owned by Dr. S. R. White, about 1843, and was the first physician in the community, where he practiced his pro- fession for several years. Since 1863 Dr. John Richards has practiced medicine here and he is one of the pioneer physicians of Whitley county. Dr. S. R. White has been a resident of Forest for thirty-six years and during the past twenty-five years he has been a practicing physician and surgeon and has had a large and successful practice. He was the first physician in Whitley county to purchase an automobile which has been used in his business for several years and is con- sidered indispensable by him.


Dr. James Richards, a brother of Dr. John Richards, was located in Forest for several years and Drs. Hammond, Koontz, Putt, Gregg, Kemp, and others have been located here at different times.


Forest lodge, No. 546, Independent Or-


der of Odd Fellows, was organized May 5, 1877, with the following charter members : Marshall Wright. Francis M. McDonald, Edward B. North, Moses T. Simon and James F. Johnson. The lodge is still in existence and at the present time is in a flourishing condition.


The Knights of the Maccabees lodge was organized in the spring of 1895 and flour- ished for several years but finally disbanded, some of the members transferring their membership to the lodge in Columbia City.


A Grand Army Post was organized in 1886, but has since disbanded.


Forest Grange was organized in 1874 at the Kaufman schoolhouse in Washington township and in 1892, they built their pres- ent hall in the village, which was dedicated July 23, 1892, Hon. Aaron Jones, of South Bend, delivering an oration.


^ Forest is a divided town, "half and half" as it were; all of the town on the east side of the highway running north and south is in Jefferson township, and all on the west side is in Washington township. The busi- ness places are about equally divided on each side of Main street, but Jefferson town- ship has the schoolhouse, the church and most of the dwelling-houses. This "Main street" in early times in winter was a series of frozen gorges and hummocks, in fall and spring, a sea of mud and in summer a con- tinuing dust heap, lined on each side by the everlasting dust-covered rag weed; but it was the best street in town.


Almost ever since the first settlements, Forest and vicinity have been annoyed by people who have the reputation of making their living otherwise than by the sweat of the brows. Houses and stores have been


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burglarized and money stolen, but the favor- ite property to be appropriated seems to be poultry.


One day during the presidential cam- paign of 1864, the family of Moses Fair- child attended a rally in Columbia City and when they returned in the evening they found that the house had been ransacked and robbed of some money and quite a quantity of goods taken. The alarm was at once given and watch parties stationed at each cross roads in the vicinity during the following night, hoping to intercept the rob- bers as they should endeavor to get out of the country with the stolen goods. At this time a family by the name of "Empie," who had the reputation of taking things that did not belong to them, lived about one-half mile north of the village. The family consisted of the parents, Joshua Empie and wife, who at that time were quite aged, and four sons, Washington, William, Peter and Andrew. They were partial to patriotic and scriptural names. During the night, the parties who were stationed at Maring's schoolhouse heard a wagon approaching from the south and when it came near they called for a halt, but the driver applied the whip and in spite of all efforts to stop them, went by and drove to the north with the horses on the run. The parties who were guarding the cross- roads in the village hearing the wagon com- ing and the parties at Maring's corners yel- ling, made an effort to stop the wagon but without success and it continued north at a furious rate ; the sound of the rattling of the wagon on the still night air could be heard for miles.


The parties who were stationed at what is now Hyer's corners were more successful


and the wagon was brought to a stand still, when it was found that the parties in the wagon were William and Peter Empie and that they had a load of cabbage, potatoes and other forage, but not any of the goods taken from Mr. Fairchild. However, they were taken in charge and an effort made to ascertain if they had committed the rob- bery. It is said that a rope placed around the neck of Peter and thrown over the limb of a tree, induced him to confess and tell where the goods were concealed, but on going to the place nothing was found and it was afterward pretty generally believed that the Empies had had no hand in the robbery and that Peter's confession was the result of fright. Mr. Fairchild's good were never recovered and the robbers never brought to justice.


A few years after this robbery, the Empies sold their land and in 1869 they left the country and it was said that they went to Michigan. William Empie was at one time convicted of stealing a sheep and served a sentence in the old jail at Columbia City.


When Allen Quick was township trustee, his house was burglarized and quite a sum of money that belonged to the township funds was stolen and never recovered.


Many years ago, a horse was taken out of Mr. Ihrig's field and never recovered.


On the night of September 16, 1884, a large safe in the general store of Leonard S. Maring was blown open and about thirty dollars in money taken as well as some goods from the store and no clew to the robbers was ever found.


Forest has not been growing and has practically remained at a standstill for many


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years. If it could get that blessing so great- ly desired by all inland towns, a railroad, it would soon become a place of much im- portance as it is centrally located and in the midst of a thriving farming community. A number of lines have been surveyed at dif- ferent times through or near the town but for some reasons the roads have failed to materialize.


THE VILLAGE OF RABER.


When the postoffice was established at Raber in 1883, it was the start of a town that has since grown to a village of some importance. Before the establishment of the postoffice, the place was known as "Mow- rey's Crossing," and trains stopped there only on a special order. For a brief time Samuel Clark, in connection with the post- office, conducted a small grocery store which he afterward sold to Thomas J. Berry. Mr. Berry continued the business until his death in 1901, since which time the store has been conducted by William Bogner, Beri Cotterly. Dunfee & Brahm and is now conducted by Frank C. Brahm, who is doing a good business. From 1890 to 1893, a general store was conducted in the village by Charles A. Mowrey.


In 1888, William M. Crowell erected an elevator and for a number of years bought and shipped grain and the business is now continued by his son, Oscar C. Crowell. Mr. Crowell is also doing a good business in handling coal, drain and building tile, fence posts, etc.


For many years, F. M. Kaufman, now of Fort Wayne, has bought and shipped live stock from this place, as have also Quick &


Lawrence, R. L. Crowell, etc., and Raber is one of the best shipping points between Fort Wayne and Chicago.


THE VILLAGE OF DUNFEE.


Soon after the building of the New York, Chicago & St. Louis Railroad, a station was established where the railroad crosses the Whitley and Allen county line and soon after a postoffice was located there which was named "Dunfee," and George M. Singer was appointed postmaster. Mr. Singer served until he was mysteriously murdered in 1895, when William McWhirter was ap- pointed as his successor and has served until the present time. Mr. Singer conducted a general store in connection with the post- office, which business has been continued by Mr. McWhirter. Dunfee is quite a good shipping point. Considerable live stock has been shipped from here by F. M. Kaufman, W. A. Hiler and others. A saw-mill did a good business here for a number of years, but it has long since served its purpose.


Dunfee has a Christian church and two lodges, the Independent Order of Odd Fel- lows and Modern Woodmen. The former was organized January II, 1901, with six- teen charter members. The lodge is in a prosperous condition with a permanent mem- ship of fifty and owns the building in which the meetings are held, which is located on the Whitley county side of the county line street.


The Modern Woodmen camp was or- ganized in the autumn of 1901 and is now in a prosperous condition with a good membership.


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RICHLAND TOWNSHIP.


BY CHESTER L. CONE.


ORGANIZATION AND ELECTIONS.


Richland township as originally organ- ized consisted of the congressional township 31 north, range 8 east, and contains thir- ty-six sections of land. Prior to 1838 Whit- ley county was joined to Huntington coun- ty for court purposes. Townships were or- ganized by the county board. we might call them commissioners, but the record shows that while we were a part of Huntington county, the board consisted of justices of the peace. All the record they made of township organization was an order that such congressional township be organized and named as a civil township. They called an election for justice of the peace and per- haps made some orders concerning the roads. Cleveland and Smith townships were or- ganized before Richland township. October. 15. 1837. the few scattering settlers in town- ship 31 north, range 8 east, met at the cabin of William Rice, then a young bachelor. to join in a petition for township organiza- tionand select aname. There seemed to have been considerable preliminary talk about a name. They all thought they had the richest land and so expressed themselves. Finally Edwin Cone said that they already had a name and call it "Richland" and the name was adopted and placed on the petition. It is not known who signed the petition, but it is presumed that most of the voters in the township signed it. Therefore on November 6, 1837, the Huntington county board organ- ized it as Richland township and ordered




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