USA > Ohio > History of the Ohio falls cities and their counties : with illustrations and bibliographical sketches, Vol. II > Part 80
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It is therefore considered by the court that the said John Ingram is guilty in manner and form as the jury in their verdict have declared; by reason whereof this court do sen- tence the said John Ingram to be remanded to the jail from which he came, there to continue until Friday the first day of December next, between the hours of II o'clock in the fore- noon and I o'clock in the afternoon, and from thence to the place of execution; that he be hanged by the neck until he be dead, dead, dead.
The record further states that John Ingram came into court and voluntarily made confession of his guilt, and a disclosure of the persons who were his accessories; the court therefore recom- mended him to the clemency of the Governor. An order was at the same time issued to the sheriff to cause a gallows to be erected at some convenient place, not on individual property. The prisoner was brought to the gallows at the appointed time, in a cart, his hands pinioned, and the rope placed about his neck, when a horseman was seen riding rapidly from the ferry waving a paper in his hand and shouting "a reprieve, a reprieve." It was just in time. The prisoner was taken to Kentucky where he was
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HISTORY OF THE OHIO FALLS COUNTIES.
proved to be a deserter from the army, to which he was returned. He afterwards died at the hands of the Indians when the military post to which he was attached was attacked.
Henry Bannister, of Harrison county, was in- dicted and tried in that county, charged with the murder of Moses Phipps, and on a change of venue was brought before the Clark county court in Jeffersonville, at the August session, 1811; where he was convicted of manslaughter and sentenced to be branded in the hand by a red hot iron with the letter "M," which sentence was duly executed.
John Irwin, of Springville, was also tried for the murder of Joseph Malott by a rifle shot. He was sentenced to be branded in the left hand by a red hot iron.
THE COUNTY SEAT.
The seat of justice of Clark county has sev- eral times been changed. At the organization of the county it was established at Springville, near the present town of Charlestown, though no one would now recognize the place of its early loca- tion. Hardly a vestige is left of what was at one time a busy little town. The buildings have been suffered to go to decay and nothing more · than a pile of old brick where once stood a chim- ney now marks the spot. From Springville it was moved to Jeffersonville in 1802, and here many of the early cases at law were tried and difficulties adjusted; county roads were ordered and the various details of county government in- stituted. To the great disappointment of the embryo city, and at that time thriving town, an act of the Legislature in 1811 transferred the seat of justice to a point nearer the geographical centre of the county, Charlestown being desig- nated as the place for holding courts. In 1838 the question of again removing the county seat to Jeffersonville became a vital issue in local politics, the anti-removal party placing in nomi- nation for the State Senate Benjamin Ferguson, and for the lower house General John S. Simon- son and Mr. Henley, while those in favor of the removal made choice of William G. Armstrong for the Senate, Dr. Nathaniel Field and Major William H. Hurst for the lower house. A stir- ring canvass followed these nominations, speeches pro and con being made by the respective candi- dates, the result being the election of the men in
favor of removal. The Legislature having just decided a similar case in another county declined to take action on the question, and Charlestown retained its advantage. The idea of a change having taken firm hold of the people in the southern part of the county, was quietly nursed until 1877, when the population of this section had so increased as to dernand renewed action. The question was accordingly again brought be- fore the people at the April election of 1878, and the numerical strength of Jeffersonville and the surrounding country carried the day. This was a gratifying result to the people hereabouts, and particularly accommodated the legal profes- sion, many of whom resided at Jeffersonville. A modest court-house, jail, and sheriff's residence were erected in the northeastern part of the city, where was the only available square of ground, in close proximity to the Jeffersonville, Madison & Indianapolis railroad, and on its completion the records of the county were removed to this place, and the officers settled in pleasant and con- venient rooms.
The change of the county seat was finally or- dered by the commissioners in September, 1878, and the building being completed the records were transferred in October of the same year. The lot for the erection of the county buildings was donated by the city, which also built the court-house and jail, expending in all for this purpose not far from $100,000.
The removal of the county seat, as was ·natural under the circumstances, engendered a bitter feeling in remote parts of the county, it increas- ing the distance to be traveled by those having business at the county seat, and it will take years to eradicate this feeling, but time levels all things, and eventually will reconcile its most bitter op- ponents to the removal.
While the county is strongly Democratic, ow- ing to differences among the leaders of the party the offices are equally divided between Demo- crats and Republicans, at this time, 1882.
THE BAR OF THE COUNTY.
We are able to make but brief mention of some of the men who have had a part in the legal af- fairs of the county. Several of the earlier law- yers are mentioned in the records of the court as given in the preceding pages; but little is known of them, however.
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433
HISTORY OF THE OHIO FALLS COUNTIES.
Perhaps the most prominent member of the bar in Clark county was Jonathan Jennings, the first Governor of Indiana under the State consti- tution. He was a native of Rockbridge county, Virginia, and was born in 1784. When a youth his father emigrated to Pennsylvania, and the boy having obtained some knowledge of Greek and Latin, commenced the study of law, but be- fore being admitted to the bar removed to the Territory of Indiana, and was employed as clerk by Nathaniel Ewing, of Vincennes. In 1809 he was elected delegate to Congress, and remained as such until the formation of a State constitu- tion. He was chosen president of the constitu- tional convention, and at the first State election, in 1816, was the choice of the people for Gov- ernor. He was again elected to the office in 1819, and in 1822 was returned to Congress from the Second district, continuing its repre- sentative until 1831, when he failed of a re- election. He died on his farm about three miles west of Charlestown in 1834, and was buried in the old graveyard in Charlestown. No monument has been erected to mark the spot where lies the body of the first Governor of the State of Indiana.
Major William Henry Hurst was a member of General Harrison's staff and accompanied that commander on his campaign against the Indi- ans, performing valiant service at the battle of Tippecanoe. Early in the present century he practiced law at Vincennes, and when the Terri- torial government was removed from that place he came to Jeffersonville, where he continued practice in the courts of Clark county. He was a man of fine presence, and an able advocate. During his residence here he became clerk of the United States courts, making the journey to Indianapolis to attend his duties there on horse- back. He represented his county in the State Legislature in 1838-1839, and was a prominent man here until his death about 1854, at the age of nearly eighty-four years.
William H. Hurst, Jr., son of Major Hurst, practiced law with his father some years. He was receiver of public moneys for the land office, under General Jackson, and died about 1866. Samuel Gwathmey was register of the land office at the time Hurst was receiver.
Charles Dewey was practicing law in Clark and adjoining counties about 1815, and traveled
the circuit some twenty-five years, his residence being at Charlestown. He was on the supreme bench from 1840 to 1844, and is said to have been the ablest lawyer of his day in Indiana. He was a native of Massachusetts, and at his home acquired a more than average knowledge of law, besides a fund of valuable information on various subjects. In his personal appearance he much resembled Daniel Webster, particularly so in his massive head. The resemblance was further carried out in the massive intellect he had. Unlike Webster he never became a great political leader, but was a bright light in legal matters. He died in 1862.
Judge William T. Otto, who served as circuit judge from 1847 to 1852, was a man of strong mind, great legal knowledge, and a worthy and upright judge. Previous to his service on the bench he was professor in a law school at Bloomington, Indiana. During the civil war he was appointed Assistant Secretary of the Interior by President Lincoln. He is now reporter of the United States courts at Washington, District of Columbia.
Judge Ross was prominent among the early lawyers of the county. He served as judge from the year 1828 to 1835, residing in Charlestown.
Following Judge Ross came Judge James C. Thompson, a good speaker and a man of fair abilities, though not a brilliant lawyer. He was engaged in practice as early as 1828, and after his retirement from the bench removed to In- dianapolis, where he died.
Judge George A. Bicknell, of New Albany, succeeded Judge Thompson on the circuit. He was a good lawyer, and an exemplary judge. After retiring from the bench he represented his district in Congress for two terms, and was suc- ceeced in 1880 by Mr. Stockslayer.
Judge John S. Davis, of Floyd county, suc- ceeded Judge Bicknell as circuit judge. He was quite a politician, a good party organizer, and several times represented the county in the Legislature. In 1847 he was a candidate for Congress against T. J. Henley, and though the Democratic majority in the district was seven- teen hundred he was defeated by but forty-seven votes. In 1876 he ran against Judge Bicknell for Congress in the nominating convention, but was defeated. At the same time he was nomi- nated circuit judge, to which office he was
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HISTORY OF THE OHIO FALLS COUNTIES.
elected, and served with fidelity until his death in 1880.
Judge Amos Levering occupied the bench as first judge of the court of common pleas, in which office he served four years. At one time he had quite an extensive practice in the county. His residence was in Jeffersonville some years, but after his retirement from the bench he re- moved to Louisville, where he passed the re- mainder of his days, dying in great want.
Isaac Howk, an Eastern man and a capable lawyer, practiced in this county and on the circuit from about 1828 to 1840, in which year he died. He had the reputation of a good advocate. His son, George V. Howk, attained some eminence at the bar, and was elected to the supreme bench in 1876, and is still serving as judge of the supreme court. His reputation as a lawyer is of the best.
Thomas Ware Gibson, a native of the State, came to Charlestown from Dearborn county about 1835, and remained in practice until 1852, when he removed to Louisville and there dicd. He was a man of marked traits of character and great ability. During his residence in Louisville he continued his practice at the bar of this county, where his services were in demand many years. Mr. Gibson was a graduate from West Point Military academy, and during the Mexican war served as captain of a company, distinguish- ing himself at Buena Vista. One of his sons was also educated at West Point, and after a varied service in the United States army as an officer, died recently in California while at the post of duty.
Another of the early judges of Clark county circuit was Judge Thompson, who retired from the bench about 1846. During his legal service he had the name of being a just judge. Of his career after his retirement from the bench little is known.
Joseph G. Marshall was a giant at the bar. He was large, brawny, rough, a powerful man physically and in debate. Few men cared to rouse him in argument, for in intellect he was almost unapproachable, and as for rousing the fierce spirit in him, most men would prefer to beard the lion in his den. He practiced at the bar quite a number of years.
Judge Cryus L. Dunham practiced in Floyd and Clark counties during the latter years of his
life. He served several terms as criminal judge, and removed to Jeffersonville about 1870, while on the bench. He represented the district in Congress six years, and for his fourth term was deteated by George G. Dunn in 1854. Several times after this his name was presented before the conventions, but his personal habits had be- come such that he was never again able to secure a nomination. He was a man of more than ordinary ability, a fluent and forcible speaker, powerful in debate. But for his habits he might have attained to higher office than he ever held.
John F. Read, the oldest practitioner of the law in Jeffersonville, is a son of James G. Read, and a native of Indiana. He pursued a course at law with Major William H. Hurst, and was admitted to practice in 1850. He soon after opened an office, and practiced alone until 1867, when he formed a partnership with J. G. Howard, who read law with him, and has since continued this connection.
Judge C. R. Ferguson, who has served several terms as circuit judge, is a sound lawyer, a forci- ble thinker, and well versed in legal lore. His reputation on the bench is that of an upright judge, both litigants and lawyers being willing to submit many of their cases to his decision with- out calling a jury. Since the removal of the county-seat from Charlestown he has resided in Jeffersonville, and occupies a pleasant and sightly residence on the river front.
J. G. Howard read law with John F. Read and was admitted to practice in 1852. He prac- ticed by himself until 1860, when Simeon S. Johnson, at that time justice of the peace, occu- pied the office with him until 1867, when John F. Read became his associate, which relation is still continued.
Judge P. H. Jewett came from Scott county about 1872, served as district prosecuting attor- ney several terms, and for eight years as judge of common pleas for Scott, Floyd, Washington, Harrison and Clark counties. After the expi- ration of his term of office he remained here.
James B. Meriwether read law with Jesse Bright and James W. Chapman, at Madison, In- diana, and remained in partnership with them for a time. Afterwards Bright retired and with Mr. Chapman he continued two years. He went to Louisville in 1857, and practiced with Charles G. Wintersmuth. At the breaking out
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HISTORY OF THE OHIO FALLS COUNTIES.
of the war he entered the service, in which he at- tained the rank of colonel. In April, 1871, he engaged in practice in Jeffersonville, and has since served two terms as city attorney.
George S. Voight, one of the younger members of the bar, was a student at the Louisville Law school, and has been in practice about two years.
Simeon S. Johnson came to Jeffersonville about 1860, at which time he entered the law office of J. G. Howard, and remained some eight years, serving during a portion of the time as justice of the peace. He now practices law by himself.
James K. Marsh read law with Judge C. L. Dunham, and has practiced at the bar since 1868. Some eight years since he removed from Charles- town to Jeffersonville, where he is now practicing.
M. Z. Stannard read law with Howard & Read, and afterward graduated from the Louisville Law school. After his admission to the bar he en- tered the rm of his preceptors, the firm name now being Howard, Read & Stannard.
James A. Ingram, also a law student under Howard & Read, opened an office and has prac- ticed before the courts of the county about five years.
Frank B. Burke, the present prosecuting attor- ney for Clark county, was elected to that office in 1880. He was a student at the Louisville Law school, and has been in practice but a few years. He bears promise of great usefulness in his chos- en profession.
John I .. Ingram has been a lawyer some ten years. About the time he engaged in practice he was elected clerk of the circuit court, in which he served some four years. He then went to Texas, and 1880 returned and again opened an office.
JEFFERSONVILLE TOWNSHIP ORGANIZATION.
The township now known as Jeffersonville was established February 10, 1817, and at that time included a much larger area of territory than now. The original boundaries were as fol- lows:
That one other township be struck off and formed of that part of Clark county commencing on the river Ohio at the line dividing lots Nos. 17 and 27, and running thence with the line of Charlestown township until it strikes the mouth of Muddy fork of Silver creek ; thence with the Muddy fork of Silver creek until it strikes the line dividing lots Nos. 166 and 183; thence with the said line to the top of the knobs to the county line; thence with the said line to the river Ohio;
thence with the meanders thereof to the place of beginning; which shall constitute and form one township, to be called and known by the name of Jeffersonville township.
The first election was ordered for the second Monday of March next following, to be held at the house of Charles Fuller, in the town of Jef- fersonville, and James Lemon was appointed inspector thereof. The officers to be elected were three justices of the peace.
On the 12th of May of the same year the boundaries of Jeffersonville were changed on the west by the formation of a new township as fol- lows :
ORDERED, That all that part of the said township[ Jeffer- sonville] west of Silver creek, lying and being between the said creek and Greenville township, do constitute and form one new township, and that the same be called and known as New Albany township.
William Hobson was appointed constable, and Ebenezer McGarrah and Andrew Galwick, Esq., listers of property for Jeffersonville for the year 1817.
May 12, . 1819, the boundary line between Charlestown and Jeffersonville was changed, be- ginning at the mouth of Pleasant run, thence in a direct line to the upper corner of lot seventeen on the Ohio river opposite the lower end of Dia- mond Island.
The township of Utica was established No- vember 7, 1831, the line adjoining Jefferson- ville being as follows: "Commencing on the Ohio river on the line dividing Nos. 5 and 6; thence on a straight direction to the line of No. 13, at the corners of Nos. 22 and 23; thence on the line dividing said Nos. 22 and 23, and on the line between Nos. 35 and 36, 49 and 50, and 67 and 68 to Silver creek," etc.
JEFFERSONVILLE CITY.
A description of the Illinois Grant, on which this city is located, will be found in another chapter of this work, and it will be but repetition to define its boundaries in this connection. The plan of Jeffersonville was one devised by Thomas Jefferson, from whom the place was named. The town was laid off in squares similar to a checker-board, with streets crossing diagonally through each alternate square, leaving four triangular spaces for parks in each square through which streets passed. The original plan looked well on paper, but does not seem to have been followed in practice, as all the squares are now occupied by dwelling or business houses.
436
HISTORY OF THE OHIO FALLS COUNTIES.
When first platted the city occupied but a small part of number one in the Grant. This was land owned by Isaac Bowman, of Shen- andoah county, Virginia. To sell his tract he disposed of this portion through his attorney, John Gwathmey, of Jefferson county, Kentucky, June 23, 1802, to Marston Green Clark, William Goodwin, Richard Pile, Davis Floyd, and Samuel Gwathmey as trustees to lay off a town and sell lots, all monies accruing from such sales to be used in establishing ferries and improving the facilities of the new town. John Gwathmey laid off the town, consisting of one hundred and fifty acres on the lower part of number one of the Grant. The boundaries as platted were as follow :
Beginning at a stake on the bank of the Ohio river, run- ning thence up the river and binding thereon north seventy- seven degrees east seventy-five poles, to a stake on the bank; thence north forty-eight degrees east one hundred and fifty- two poles to a small locust; thence from the river north thirty-seven and one-half degrees west one hundred poles to a stake at the northeast corner; thence at right angles south thirty-two and one-half degrees west one hundred and seven- ty-four poles to the northwest corner; thence south thirteen degrees east - - - poles to the beginning.
Two acres of this plat were reserved for use as a public square, adjoining lots seventy six and seventy-eight on the west ; lots eighty-nine and seventy-seven on the east, lots one hundred and four, one hundred and five, and one hundred and six on the north, and Market street on the south.
In 1836 an association of several persons was formed, called the Jeffersonville association, which made an addition to the town, of land owned by Peter G. Fore. A second addition was made in 1839. The eastern division was platted by the same association in 1841, and Benson's addition was platted by Samuel Church in 1848. The latter two were a part of survey number two, and comprised sixty-one acres. Jeffersonville city now 'occupies the whole of number one of the Illinois Grant, containing five hundred and forty acres, besides the sixty-one acres already mentioned as belonging to number two.
The original plan of the town was changed by act of the Legislature in 1817, which allowed the alternate lots that were reserved on the Jefferson plan to be sold.
The streets of the city are unusually wide, being sixty feet in most cases, with forty feet
driveway between the curbing, and nearly all paved and macadamized. Court avenue and one or two other streets are one hundred feet in width. By action of the city council an ordi- nance was passed in October, 1881, requiring property owners to plant and maintain shade trees in front of their respective lots throughout a great part of the city. The old Market square, at the northeast corner of Spring street and Court avenue, was ordered improved, and a thirty foot street laid off on the north side of the park, which has just been done. The park has been graded, walks laid out, fences built, trees and shrubs planted, and has been christened Warder Park, in honor of the present mayor of the city.
The town of Jeffersonville was laid off in 1802 by John Gwathmey and others, its government being vested in a board of trustees, which ap pointed its own successors. Under this govern- ment it remained until January, 1839, when a resolution was introduced in the State Legisla- ture by the then representative of Clark county, Dr. Nathaniel Field, authorizing its incorpora- tion as a city. An act in conformity with this resolution was passed, and on his return to Jef- fersonville, Dr. Field, as president of the board of trustees, called a meeting, at which an elec- tion was ordered to be held in April for the choice of mayor and ten councilmen. The city was divided into five wards. The election re- sulted in the choice of Isaac Heiskill as mayor, at a salary of $50 per annum. The trustees turned their records over to the city authorities, and as a power in the government they ceased to exist.
The population of the city in 1839 was five hundred and eighteen. The present population is something over ten thousand. Previous to the war it was about seven thousand.
In the suburbs of the city proper are several small towns. Port Fulton on the east, Ohio Falls city on the west, and Claysburg on the north. The latter was platted by Dr. N. Field, who owned eight acres of land at that place, Colonel William Riddle two and one-half acres, and Ed- mund Schon, seven acres. It received its name in honor of Cassius M. Clay. These suburban towns add much to the apparent size of Jeffer- sonville, but as they are not included within the present corporate limits, do not count in an es- timate of the population of the city.
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HISTORY OF THE OHIO FALLS COUNTIES.
OFFICERS OF THE CITY FROM 1839. MAYORS.
Isaac Heiskell, 1839 to 1843; Christopher Peasley, 1843 to 1845; William Cross, 1845 to 1848; W. F. Collum, 1848 to 1854; John D. Shryer, 1854 to 1855, 1858 to 1861; U. G. Dam- ron, 1855 to 1856; T. J. Downs, 1856 to 1857; William Lackey, 1857 to 1858; O. C. Woolley, 1861 to 1865; Gabriel Poindexter, 1865-1867 to 1869; John Ware, 1865 to 1867 ; Levi Sparks, 1869 to 1873; B. C. Pile, 1873 to 1875; Luther F. Warder, 1875.
TREASURERS.
John Mitchell, 1848 to 1852; David A. Fen- ton, 1852 to 1853 ; W. A. Buchanan, 1853 to 1855; James Keigwin, Jr., 1855 to 1858; J. D. D. Woodburn, 1858 to 1859; R. S. Heiskell, 1859 to 1865 ; Robert McGill, 1865 to 1867 ; A. J. Howard, 1867 to 1875 ; James Burke, 1875 to 1881; James S. Whicher, 1881.
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