USA > Indiana > Wayne County > Richmond > Memoirs of Wayne County and the city of Richmond, Indiana; from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Wayne County, Volume I Pt. 1 > Part 7
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Indiana Territory was formed, in 1800, from that part of the Territory Northwest of the Ohio not comprised in the Territory (soon after State) of Ohio. Vincennes was made the capital and Gen. Willaim Henry Harrison was appointed governor. The new Territory was divided into three counties: Knox, covering most
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of the present area of Indiana; St. Clair, nearly equal to the limits of Illinois; and Wayne, to Michigan. The estimated white popu- lation at this time was 4,875.
In 1802 two other counties were formed within the limits of the State of Indiana-Clark and Dearborn. The latter county was bounded on the east by the Ohio line and on the west by the Fort Recovery boundary. The county seat was at Lawrenceburg.
The settlers of this part of the county had little business at the county seat. Most of the difficulties, when any arose, were settled before Richard Rue, who was chosen justice of the peace and was the only one in this part of the Territory. The early elections were held at Rue's house. His house appears to have been the place of religious as well as political gatherings. Lazarus Whitehead, a Baptist preacher, often held service there. As was the custom of those times, many disputes arising between indi- viduals were settled by wager of battle conducted with those "side arms" only as are furnished by nature. These contests were often followed by indictment and prosecution for assault and bat- tery. For the benefit of those who think that the morals of our politics have not improved since that time it may not be uninstruc- tive to state that it is said that at the first election more than a dozen fights took place.
In very early times a county road had been petitioned for and granted, and Jeremiah Cox was appointed supervisor. He started out to warn his hands to cut out the road, but was told that it would be just as the hands pleased about working, as they did not know that there was a legally appointed supervisor. In this emergency Cox hired Andrew Kennedy to ride to Lawrenceburg, for a certified copy of his appointment, with a legal order to open the road. After this nearly all agreed to do their portion of the work. This road ran in a north and south direction. North of Cox's land, where the Fountain City pike now runs, was a swamp of thirty or forty rods, which had to be "bridged," as it was termed. To accommodate the workers, Cox divided this ground into equal portions, designating each man's piece by number, so that he could readily find it. A few hands living at a distance neglected to make their portions and Jeremiah Cox, Jr., had to make much more than his share.
Isaac Julian taught a three-months school in the winter, about this time, in a cabin a little east from the position of Richmond. A debating society was formed and met in this school-house. Some of the debaters were Eli Overman, Isaac Julian, Henry Hoover, Joseph Holman, William Holman, and Asa Prevo.
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Before 1809 there was but a very narrow strip of land in this part of the Territory, between the Ohio State line and the Fort Recovery boundary, granted to the whites at the treaty of Green- ville. This strip is about eight miles wide in this latitude. The Fort Recovery line passed in Wayne county, a short distance cast of Fountain City, along part of the western limit of Wayne town- ship and a little west of the village of Abington. As early as 1807 nearly all of the land in this strip was taken up. On Sept. 30, 1809, at Fort Wayne, Governor Harrison made the "Twelve Mile Purchase." The line of this treaty runs southwest from Fort Recovery to the Mississippi river, thence nearly southward, at a distance of twelve miles from the Fort Recovery line, until it joins the line of the other grants on the boundary of Ripley county. A number of settlers moved on these lands even before they were surveyed.
Richard Rue and Ephraim Overman were elected Representa- tives for Dearborn county in the Territorial legislature, in 1809. They were re-elected the following year and John Temple- ton was elected as their colleague. They had long, tedious jour- neys of 200 miles, on horseback, through the forest, to Vincennes.
Notwithstanding the fact that the Ordinance of 1787 excluded slavery from the whole Northwest Territory, it was not long after the organization of Indiana Territory until its introduction was strongly advocated. Efforts were made to effect the repeal of the article in the Ordinance prohibiting it. The excitement ran high, and after several years' agitation this question was made the test in the election of a delegate to Congress on May 22, 1809. Thomas Randolph, a native of Virginia, was the candidate of the pro-slavery party, and Jonathan Jennings, of Pennsylvania birth (afterwards first Governor of the State), was supported by those opposed to the introduction of slavery. There were then four organized counties. In Knox and Harrison, the western counties, Mr. Randolph received 314 votes and Mr. Jennings, 66 votes; John Johnson received SI votes in Knox. In the eastern counties- Dearborn and Clark-Mr. Randolph received 88 votes and Mr. Jennings received 362. Mr. Jennings was thus elected by a plur- ality of twenty-six.
The southern and western parts of the Territory were settled by immigrants from the Southern States, while the eastern por- tion was occupied, in part, by settlers from the free States. The canvass was heated and the vote close. The White Water Valley may claim credit for doing the noble work. Indeed, the honor
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may be placed nearer home. The greater part of the inhabitants of the Territory was from the South and mostly in favor of slavery. The Eastern born inhabitants were opposed to the sys- tem. Now there had come out of the Slave States those who were wanting in faith and admiration for the peculiar institution, Quak- ers from North Carolina, and honest, hard-working yeomen from Kentucky and Virginia. In explanation of the position of the Quakers upon the subject of slavery, nothing need be said. Of some of the other class, James Daugherty, an carly settler, says: "The Kentuckians were not of the half-horse, half-alligator stripe, but with very few exceptions were a moral, industrious, upright, kind people; and almost to a man anti-salvery."
These were the people who gave American slavery its first defeat. This action of Indiana exerted a controlling influence upon Illinois, which made a similar decision some years after. It is not a little strange that those who should first stop this giant's progress were those who had to flee from its blighting influence. And there seems somewhat of a poetic justice in the fact that it was at last slain by the children of those whom it had driven forth to toil or perish in the forests and on the prairies of the North- west. But this adversity was the drill master that prepared for triumph; and that too, under the leadership of the son of a ref- ugee.
In November, ISio, the northern part of Dearborn was formed into two new counties-Franklin and Wayne. The boun- daries of Wayne county are given in "The Western Gazetteer or Emigrant's Directory," of 1817, as: "On the east by the State of Ohio, on the south by the county of Franklin, on the west and north by Indian Lands" (i. e. the Twelve Mile Purchase line).
Although Governor Harrison had the appointing power he gave the people the privilege of choosing their own officers. At an election held for this purpose, Peter Fleming, Jeremiah Meek, and Aaron Martin were elected judges; George Hunt, clerk, and John Turner, sheriff. At this or another early election Richard Rue was elected justice of the peace for the precinct in which he resided and John Cox for the district afterwards known as the Abington Precinct. George Hunt held his office on his farm about two miles east from where the village of Abington was afterward laid out.
County Court was held by the above named judges and county business was done before them. The minute book of this early court consisted of half a quire of old English paper, shaped
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somewhat like a school copybook, without a cover. By this record it appears that the first court was held Feb. 25. 1811, at the home of Richard Rue. The three judges, clerk and sheriff were in at- tendance. James Noble (afterward one of the first United States Senators from Indiana) appeared as prosecuting attorney. The court first proceeded to divide the county into two townships and appoint constables, overseers of the poor, etc. For the first town- ship, David Railsback and John Shaw were appointed overseers of the poor; Abraham Gaar, John Collins and Lewis Little, fence viewers. For the other township, David Gailbraith and George Smith, overseers of the poor ; William Foutz, Nathaniel McClure and Robert Hill, fence viewers. The following persons appear to have been appointed as a committee to adjust the accounts of the overseers of the poor : David Carson, Timothy Ilunt, Samuel Jobe, Jacob Meek, Elijah Fisher, and George Holman. The neces- sity of the court for a seal was met by "a wafer and a piece of paper turned over it, with the letters, Wayne County, written thereon."
The first session lasted but one day. The second meeting was on March 11, when a grand jury was impaneled for the first time. The persons composing it were: Jesse Davenport, David Foutz, Joseph Cox, Charles Wright, John Burk, Wright Lancaster, Rob- ert Gailbraith, Isaac Williams, John Smith, Benjamin Small, John Burgess, William Blout, Michael Snider, Peter Weaver, Benjamin Harvey, Joshua Meek, John Beard, Benjamin Jarvis, James Gor- don, Harvey Miller, Lewis Little, William Graham, and John Townsend-twenty-three in number.
About this time an accident occurred to George Holman. As has been already remarked, the pioneers were accustomed to sub- mit difficulties to the arbitrament of single combat. It seems that George Ifolman, who previous to and ever after that time, lived peaceably with all men "within the forest shades," indulged in this custom. The grand jury found a bill against him for assault and battery. He was returned guilty and fined twelve and one-half cents. He appears to have been one of the grand jury at this same time. Whether he aided in finding a bill against himself or not the record does not say. The persons on this jury were: William Sacre (foreman), Samuel Woods, Thomas McCoy, J. Keslank, George llolman, J. Hodges, Samuel Walker, Richard Maxwell, Bennett Starr, Robert Bennett, John Williams, Aaron Wade, John Addington, William Meek, Isaac Harvey, Delsuan Bates, Josiah Easton, Jod. Woodkirk and William Burk.
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This is said to have been the first petit jury trial on our rec- ords. The names of the jury who sat upon Holman's case were as follows: John Benton, John Drake, John Armstrong, Nathaniel Scire, Thomas Bulla, Samuel Hunt, Harvey Druley, David F. Sacket, Joel Furgison, Benjamin Smith, and Jesse Davenport.
The Territorial laws provided for a court of criminal and civil jurisdiction in each county, the first term of which was held in Wayne county at the house of Rue on June 17, 1811. Benjamin Parke, who had been appointed to a seat on the supreme judiciary bench of the Territory some years before, was in attendance. The records, kept on a single sheet of foolscap, say :
"At a Court of Nisi Prius, Oyer and Terminer, and general jail delivery, held at the house of Richard Rue, Esq., in and for said County of Wayne, on the 17th of June, ISII. Present the Hon. Benj. Parke, Judge."
The court is said to have adjourned from the house to a log in the edge of the woods, where the session was held, the grand and traverse juries retiring in different directions to discharge their several duties. A grand jury and also a traverse jury were im- paneled.
The members of the grand jury were: Joseph Cox, foreman, and Isaac Williams, William Townsend, Samuel Jobe, John Starr, Timothy F. Hunt, Shadrie Henderson, John Meek, Sr., Thomas Addington, John Pool, Benjamin Maudlin, Nathan Pierson, David Bailey, John Morrow, Jasper Kontz, John Hawkins, Sr., David Bales, Stephen Comer, John Clark, William Bulla, Amos Haw- kins, and William Price.
The traverse jury consisted of Henry Iloover, James Morri- son, Jacob Griffin, James Jacobs, John Ireland, John Stephens, An- drew Endsley. Ilenry Hoover was the last surviving member of these juries.
The first and only case on trial was the United States vs. James Pettit, a boy living in the family of Henry Byran. The boy was charged with stealing a Barlow knife from John Smith, who was keeping a store on the ground since occupied by Rich- mond. He was found guilty and sentenced to pay to Smith twelve and one-half cents (value of knife), to the Territory twenty-five cents and costs, all of which appear to have been promptly paid.
An incident took place at this trial which will do to repeat. The Territorial courts practiced under the forms of the English Common Law, with its prolix expressions and redundancy of terms. The indictment in this case was drawn up by James Dill,
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an Englishman, and a stickler for okl forms. He had alleged in this instrument "that the said James Pettit, not having the fear of God before his eyes, and being moved and instigated thereunto by the devil, did then and there wickedly, unlawfully and felo- niously, with force and arms, steal, take and carry away," etc.
Dill being absent, Henry Hoover was selected to manage the case. Ile accordingly read the indictment, emphasizing the terrible words. Jeremiah Cox, who seems to have been on the jury, though his name does not appear on the list, remarked with his peculiar simplicity, "That he believed the boy stole the knife, but did not think it was so bad; the indictment was rather too bold for so slight an offence."
The court was styled "general jail delivery," which sounds singular, since there was no jail in the county. A story is told of Squire John Cox punishing a witness, guilty of contempt, by ordering his neck to be put under the corner of a rail fence. The offender was strong and threw off the weight. Cox had him put under again and directed three men to sit upon the fence.
During the year 1811 preparations were made for establish- ing a permanent county seat. By an act of the Territorial legisla- ture which organized Wayne county, "John Cox, George Holman and John Adenton, Gentlemen," were appointed commissioners to meet and locate the county seat on or before "the first Monday of the following May." Until the court house should be completed, the court was to continue meeting at Esquire Rue's. At the June term, 1811, the commissioners appointed by the act of the legisla- ture having failed to discharge their duty according to law, in selecting a seat of justice for the county, the court declared their duties ended and appointed in their stead Samuel Walker, Richard Maxwell and Benjamin Harris. These new commissioners were directed to proceed immediately to the business assigned. On the third day of the term they reported "that the permanent seat of justice is and shall be on the donation of Samuel Woods, of sixty- five acres in the 13th township, range 3, with a small reserve." The court ordered the report to be entered as it was received by the clerk, "that the town in Wayne, or the seat of justice. shall be called Salisbury." The ground thus selected is situated on a hill, a short distance south from the National Road and two and a quarter miles west from the bridge at Richmond. Having secured "A local habitation and a name."
the next thing to do was to make their town cease to be "airy nothings" and become a reality. Accordingly, Smith Hunt. Sam-
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ttel Woods and James Brown were appointed trustees to lay off the lots, and Andrew Woods and John Meek, Sr., to superintend the building of a jail and estray pen, under the direction of the court. There is no record of any order for the erection of a court house. But a minute of the October session of 1811, says : "At a County Court held at the house of Richard Rue, Esq., on the 28th of October, ISIT, is opened, etc., and the court having been previously informed that the court house was raised, the court therefore adjourned to sit one hour in the court house in the town of Salisbury. Accordingly the court met at court house in town of Salisbury in the county of Wayne on the aforesaid 28th day of October and proceeded," etc.
The lots were laid off the following May. A log court house and a log jail were built as soon as the town was located. After- ward, a brick court house was erected. Great was the expectations and a high destiny was prophesied and anticipated for the new village. The following description, in the handwriting of George Hunt, the clerk, is on the back of the record plat :
"The town of Salisbury stands on a beautiful site on the waters of Clear creek, Wayne county, Indiana Territory, in a fine neighborhood, environed by rich land, etc., etc. There is no better water in the world; the air is salubrious; and its elevated situa- tion commands an extensive and beautiful prospect. And we flatter ourselves that in a few years, Art, with her sister, Industry, will convert it from a forest to a flourishing inland town. Sev- eral gentlemen of property have purchased lots, both in the mer- cantile and mechanical line, which will greatly enhance its value."
The records of the courts held in this place for several suc- ceéding years are preserved, but contain few items of interest now, and those that are may be condensed into the following synopsis :
The second term of the court, having criminal and civil juris- diction, was held at Salisbury, June 25, 1813-James Scott, judge. Four criminal and five civil cases were on docket, though for some reason it was not shown that any business was transacted. James Noble, James Dill, and Elijah Sparks are lawyers whose names appear on the docket.
Third term: Oct. 31, 1814. Elijah Sparks, judge. Order book says, "that as Col. George Hunt has been appointed clerk of the court and has not been sworn into office, and as there is no one to swear the jury, the court stands adjourned."
Nothing in the records show who were clerk and sheriff pre- Houis to this, but from other sources it is known that lunt was
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chosen to the former and Turner to the latter office, as formerly mentioned.
Fourth term: January, 1815. Sparks, judge, with Fleming and Martin, associates; Hunt, clerk, and Turner, sheriff. Several criminal cases disposed of. First suit ever tried: viz., Thomas Neley vs. Christopher Roddy and wife. John Test, Amos Lane, William Hendricks, and Edmond J. Vawter, admitted to practice. Hlon. Joseph Holman, a member of the jury, was the last survivor of those who figured in this court.
Fifth term: March, 1815. James Noble, judge. Nothing of interest done. Robert Harvey, afterwards of Hendricks, and Absa- lom Williams, of Wayne county, were the last survivors of the grand jury.
Sixth term: October, 1815. James Noble, judge, with Flem- ing and David Hoover, associates. Stephen C. Stephens admitted to practice.
Seventh term: March, 1816. Jesse L. Holman, judge; Flem- ing and Hoover, associates. At this term was tried the case of Henry Chryst for the murder of Chambers. The jurors trying this case were: Richard Lewis, David Noland, John Brattan, John Patterson, Caleb Harvey, Jacob Meek, John Steward, Lewis Ho- sier, William Clawson, Michael Neiss, John Small, and Balden Ashley. John Test assisted the prosecuting attorney, and James Noble defended.
The circumstances of this case were these: There seems to have been some ill feeling existing between Chryst and his son- in-law, Chambers, arising from complaints made by his daughter that Chambers neglected to provide for her. It seems that Cham- bers' wife had gone to her father's house (on the east side of No- land's Fork, eight miles southwest from Centerville). Chambers came here and his wife refused to return with him. Chambers accused her parents of inciting her to leave him. This they de- nied and a fierce altercation ensued. Chryst becoming enraged, seized a gun and threatened to shoot Chambers. Knowing the vio- lent temper of Chryst, all cried out for Chambers to run. He did, but Chryst raised the gun and fired. The ball passed through Chambers' body and he fell dead some six or eight rods from the house.
Chryst is said to have been a man of violent passions and at times allowed them to get complete control of him. Otherwise he appeared an honorable, high-minded man. When he found what he had done he went to Justice Joseph Flint and confessed his
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guilt. He was committed to the circuit court. His trial came off at the time mentioned. During the trial he bore himself nobly. Ilis family had to give evidence against him. Ilis son, quite a lad, was the most important prosecuting witness. While being examined by the prosecuting attorney the boy showed much emotion and hesitated in answering, knowing that his father's fate depended upon his testimony. Perceiving his hesitancy, Chryst said: "Tell the truth, my boy, though it should hang your father, speak the truth." Intense excitement prevailed in the court room and deep sympathy was felt for the unhappy boy. Chryst was found guilty of murder in the first degree and the death sentence was passed upon him.
After the trial he was taken back to the little log jail at Salis- bury. He might have made his escape at almost any time, had he not felt too great a sense of honor to make the effort. He was hanged on the public square in Salisbury, April 1, 1816. A large concourse of people witnessed the execution. John Turner was still sheriff at that time. Chryst's son stood nobly by his father to the last and then conveyed the remains, alone, on a small sled, over an almost impassable mud road, to his home, which he reached late at night.
This was the first execution in this county and the murder and trial created great excitement. In June and October of 1816, sessions of Court were held. The same officers were present. These were the last terms under the Territorial Government.
In thus following up the account of the courts many events which occurred during the years named have been passed over. Before continuing the history of Salisbury it will be proper to de- vote some attention to the Indian troubles and the war of 1812.
When settlement was commenced in the Upper White Water country all the land in Indiana belonged to the Indians, except the small strip east of the Fort Recovery boundary, a tract around the town of Vincennes, another near the Falls of the Ohio, a small one where Fort Wayne stands, and two other small ones on the Wabash, between Fort Wayne and Vincennes.
The land in and around Wayne county was occupied by the Delawares and Shawnees. The former first appear prominently in American history as the tribe with whom William Penn made his famous treaty. They lived at that time on the banks of the river which bears their name, but the rapid settlement of the English in Eastern Pennsylvania compelled them to move west to the Alleghany mountains. They settled first on the Muskingum
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and afterwards removed to Indiana and occupied the land along the banks of White river. At the time Wayne county's settlement commenced they were collected on the upper courses of White and Blue rivers.
The Shawnees were a restless, quarrelsome tribe, more war- like than their neighbors, and may well be termed the "Ishmaelites of America." According to their traditions they had quarreled with nearly every tribe from New York to Florida and had wan- dered over the territory east of the Mississippi. They had no lands of their own, but attached themselves to such tribes as would grant them foothold, and there remain until they fell out, then the best party retained possession. The Shawnees were as often vanquished as victors. They never stayed in the presence of a conqueror, but sought new friends to test their hospitality or new foes to tempt their prowess. At the time of the English coloniza- tion of North America they were found among the tribes north- west of the Ohio river, where soon the emergencies of their hosts gave them occasion to exert their energy against the common enemy, the "Paleface." After the treaty of Greenville they were still dwelling with the tribes in this part of the country. Large numbers of them came to central Indiana and were on friendly terms with the neighboring Delawares and Miamis.
The Miamis had their villages on Wabash and Mississinewa rivers. They were originally a large confederacy and claimed the lands now embraced in the entire State of Indiana and the western half of Ohio. But as the advance of the whites compelled the Indians to seek hunting grounds farther west, the Miamis re- linquished much of their broad possessions to the unfortunate brethren.
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