Copywright USGenNet Inc., 2004, All Rights Reserved U.S. Data Repository Please read U.S. Data Repository Copyright Statement on this page: HISTORY OF WASHINGTON COUNTY 1884 CHAPTER V At best the absolute necessity for the permanent existence of both bench and bar, tells a pain full story on every civilized community. The history of Washington County on every page records doings of some evil hand. When Indiana was a Territory a bench and bar had a lively work. The first court of record was called into being on the 2nd. day of February, 1814. Then there was no Salem, but there were men and women claiming that they had been wronged, and eagerly crying for speedy vindication. Accordingly, Jonathan Lindley, Moses Hoggart and Simeon Lamb, bearing the grave title of Judges, held what the old records call a session of the Circuit Court for the county of Washington, Indiana, Territory. By what authority these men held court, the records do not reveal. However, they wrought as properly authorized men of business do work. It is proper to remark that none of these Judges were members of the legal profession. They were all careful prudent men, of good common sense. The instructions of the court to their chosen agent show this. The agent was required to advertise the sale of the town lots in the Western Eagle and the Western Courier at least thirty days before the time of sale. Again, they tell their Agent that the contemplated seat of justice must be called Salem. After providing that the Clerk of the Circuit Court should deliver to their agent the title bonds given by Benjamin Brewer and William Lindley, conditioned for the conveyance of certain lands therein named, the court adjourned without day. Such were the doings of the first session of the first Circuit Court of Washington, County. But on the 3rd. day of February, 1814, a special session by the same Judges was held, and at which Samuel Lindley and Godlove Kemp were appointed Trustees to lease Section 16 for school purposes, and another adjournment without day was ordered. On the 3rd. of March, 1814, occurred another special session of the court, with Judges Moses Hoggatt and Simion Lamb present. No business was transacted at this term except what had reference to leases of school lands. On the 11th. of April, 1814, another session of the Circuit Court was held at the house of William Lindley, Judges Jonathan Lindley and Simeon Lamb being present. At this term of the court the first grand jury was em paneled. It consisted of George Beck, foreman, together with Christopher Marrs, Amos Thornburg, Edmund Hensley, Godlove Kemp, Andrew Housh, Jesse Spurgeon, David Denny, Samuel Lindley, Alexander Little, Joseph Latta, David Colglazier, James Young, William Kennedy, John McPheeters, Jesse Durham, Thomas Denny and Amos Wright. Having received an appropriate charge, they withdrew, with Constable Jonathan Hensley attending them. At this time, a distance of three score and ten years, it is well to call up in mind the mental and moral composition of that first grand jury of Washington County. In mental ability, in moral worth and in practical intelligence has any grand jury ever em paneled in Washington County stood above the mighty one of 1814? At this term of the court John F. Ross, was appointed Prosecuting Attorney, and the records of the court say that "Henry Hurst, Davis Floyd, John F. Ross, Alexander Dunn and George F. Pope, attorneys and counsellors at law , respectively took the oath to support the Constitution of the United States, the ordinary oaths of office, and the extraordinary oath prescribed by the act more effectually to suppress the practice of duelling. The First Indictments The grand jury reported two indictments. Susan Deem was indicted for forgery and John Ramsey for assault and battery. At a subsequent term of the court John Ramsey entered a plea of not guilty, but on trial a jury returned a verdict of guilty. On application a new trial was granted, and at a subsequent term a second jury found the party not guilty. At the April term of the court, 1816 the action against Susan Deem for forgery was dismissed. From papers appearing in the file record of the court, it is manifest William Hoggatt filled the office of Sheriff. At the same term, John McCampbell, in an action of trover against Henry Dawalt, obtained a verdict of $46.80. Also at this term the first libel for divorce. John Fleener instituted suit against Elizabeth Fleener for the dissolution of matrimonial bonds. By Affidavit accompanying the libel, it appears that the said Elizabeth was not a resident of Indiana Territory. At a subsequent term of the court George F. Pope appeared for the plaintiff and the Prosecuting Attorney for the defendant, and after the testimony in the case was submitted the Court gravely decided that "the circumstances relating to this case are such as warrant them in granting the divorce prayed for, and order this decision to be placed on the records of the court." The officers of the court were strictly law-abiding, and as the Territorial Legislature made it the duty of the court when arrangements had been made for a seat of justice, to provide all necessary public buildings as soon as sufficient funds for building could be obtained, and finding upon examination, that the means in the County Treasury were ample, it was promptly resolved to build a court house. The Court insisted that "the very flourishing situation of the town of Salem warranted and required the erection of handsome and convenient and durable public buildings." It was according ordered that a "court house be erected on the public square, to be built upon an arch not less than eight feet high supported by fourteen pillars of stone." The specifications for the court house and jail are exceedingly minute. In the erection of both buildings the specifications of court were followed by the mechanics to the very line and plummet. Persons whose memories run back to 1825, can readily call to mind what a resort the old court house archway afforded sheep, cattle, hogs and fleas. On the 21st. day of November 1814, Jesse L. Holman and Simeon Lamb, produced their commissions from the Governor of Indiana Territory appointing the said Jesse Holman Circuit Judge of the Second Circuit of the Indiana Territory and the said Simeon Lamb Second Associate Judge for the County of Washington. The minutes of the court say that silence was commanded and the commissions were read at the court house in the town of Salem on the 21st. of November, 1814. This must be an error because on the 24th. of the subsequent December, the records say that a special term of the Circuit Court was held at the house of John G. Clendenin in the town of Salem. This special term was held by Judge Simeon Lamb and John M. Coleman. On the 15th. of September, 1814, is the first record of the appointment of Circuit Court Clerk for the county of Washington. Basil Prather presented his commission from the Governor of Indiana Territory. At the same term of the court, John F. Ross was reappointed Prosecuting Attorney for the county of Washington. Other Court Officers At the November term of the court, the name of William Hendricks, afterward Governor and United States Senator, first appears as a member of the Salem bar. At the same term November, 1814, Alexander Buckner appears as an attorney in a slander suit. At the November term, 1815 John Kitchell appears as one of the Associate Judges. Also, at this term, Simeon Lamb presented a commission from Thomas Posey, Governor and Commander-in-Chief over Indiana Territory. appointing the said Simeon Lamb an Associate Judge of the Washington County Circuit Court, during good behavior. Joseph Kitchell held a simi lair commission, and in the absence of Lamb, at the preceding term of the court had qualified, taking a seat on the bench. Lamb insisted that he had not been removed by impeachment, had not resigned, nor had he left the Territory, and was therefore entitled to the seat, but the court held otherwise. At the April term, 1816, Alexander Dunn was appointed Prosecuting Attorney and counselor at law. At this term of the court William Lowe is on the bench, as an Associate Judge, and the Prosecuting Attorney refuses to prosecute further two indictments for forgery, and four for assault and battery. It also appears that that term of the court was held in the new court house. At this term of the court, William Lee was tried on an indictment for larceny and acquitted. This was the second larceny indictment against him, and the second acquittal. A Notable Larceny Case On Tuesday of the April term a very remarkable trial came off, remarkable for both cause and results. An indictment for larceny had been returned into the court against Thomas Bealor. The defendant was arrested and put on trial. The jurors in the case were Joseph Parashaw, John McGrue, Joseph Allen, William Wright, David Sears, Samuel Blankenbaker, Jacob Garrett, Joseph Reyman, William Glazebrook, William Hobbs, William Marrs and Ephriam Goss, all of whom were in legal parlance good and lawful men, duly elected, tried, and sworn the truth to speak. In the trial of the case, every point was vigorously contested. The attorney for the defendant pleaded in behalf of his client, as he would have pleaded for his own liberty and character. The sturdy jurors were patient, attentive and most respectful. Having given heed to the vigorous presentation of the case, both on the part of the prosecution and defense, the jurors retired to determine what kind of a verdict justice and law demanded at their hands. Having duly, wisely and properly considered the whole case, they returned into court, and rendered the following verdict: We the jury find the defendant guilty as charged in the within indictment, and we further find the value of the property stolen to br 16 2/4 cents. William Hobbs, Foreman The Minuteness of the verdict and the estimated value of the property stolen show that in Territorial days people were expected to be honest to the penny. As a matter to be expected the defendant and his attorneys were not satisfied with the verdict. A new trial was sought The Court allowed a day for presenting reasons and hearing arguments thereon. After a patient hearing and due consideration, the Court refused to grant a new trial and proceeded to pronounce the following judgment on the verdict: The said Thomas Bealor was sentenced to pay to Richard Newkirk, the person whose property was stolen, the sum of 16 2/4 cents and that he make his fine to the United States for the use of the County of Washington in the sum of 33 1/4 cents, and the costs of this prosecution, and that the said defendant stand committed until the sentence aforesaid is performed. Bealor's attorneys were Hurst, Hendricks and Meek, all able men. When the Territory became a State, William Hendricks was Indiana's first Representative in Congress. Henry Hurst was a power at the bar. Slavery in Indiana Territory In territorial days the Judges of Circuit Courts proved themselves the intense champions of Freedom. From the records of Washington County, it appears that Henry Wyman had been a slaveholder in Kentucky, prior to his settling in Indiana Territory, and that prior to 1808 he immigrated to Clark County, bringing along with him a slave boy about seventeen years of age. On the 8th. of March, 1808, Henry Wyman and Harry Mingo, the slave boy alluded to, came personally before Samuel Gwathney, Clerk of the Court of Common Pleas of Clark County, and than the said Negro Harry and the said Wyman agreed that Harry will serve the said Wyman, his heirs etc., from this day until the 9th. day of March, 1868. Afterward, as many as four different times Harry Mingo brought Harry Wyman before the Washington County Territorial Circuit Court. Once Harry brought suit against his assumed master for trespass in assault and battery. In every instance the judgement of the Court seemed just toward the person of color. Early Court Practitioners At the April term 1817, commencing on Monday the 14th. of April, the new order of things appears to have been formally inaugurated. David Raymond came upon the bench as Circuit Judge, with Godlove Kemp and Samuel Huston, Associate Judges, and the minutes of the court say "The following gentlemen made application and were admitted to practice in said court as attorneys and councillors at law, to wit: Harbin H. Moore, John H. Thompson, Ebenezer McDonald, John F. Ross, Benjamin Ferguson, William Hendricks, Alexander A. Meek, James R.E. Goodlet, Charles Dewey, Reuben Hedden, Alexander R. Macey, Alexander Dunn, Davis Floyd, and Henry Hurst." To practice ex gratia for the term, William R. Babbett was admitted. Of the foregoing list of attorneys, Davis Floyd, John F. Ross and John F. Thompson all became Circuit Judges of the Second Circuit Court, in the order of which their names occur. Charles Dewey became a Judge of the Supreme Court, and Goodlet afterward obtained the title of Judge. William Hendricks succeeded Jonathan Jennings as Governor of Indiana. John H. Thompson, before he became Circuit Judge, was Lieutenant Governor, and the very eloquent Harbin H. Moore made the race for Governor in 1828, but was defeated by James Brown Ray. The Fist and Skull Age The Second Judicial Circuit under the Territorial rule was in operation a little over three years, and what at this date seems very remarkable, is that during that brief period, seventy three indictments for assault and battery were returned into court by the several grand juries. It would seem that those three years were a part of the "Fist and Skull Age." Another thing very noticeable is the great number of applications for divorces in a county so new. Also, slander suits were unpromisingly numerous. In those early times there must have been many liars and tattlers. Another point demanding very special attention, and worthy of being told often, and far and wide, is that during the three Territorial court years, is the then widely extended territory of Washington County, not a single case of murder or manslaughter occurred. When Indiana became a State, Washington County had within her limits 7,317, inhabitants. With the foregoing record looking the present community full in the face, the conclusion that the "Fist and Skull Age" stands much above the existing age of the knife, shot-gun and pistol, is exceedingly just. In the minutes of the April term, 1817, the name of Henry Dawalt appears as Deputy Sheriff, but there is no intimation relative to the person who filed the office of Sheriff during the years 1816 and 1817, but a suit instituted in 1818 reveals the name of the Sheriff for the years named. Col. Henry DaWalt was one of Washington County pioneers, a farmer who lived to an advanced age, well known and much respected. At this term of the court an indictment for assault and battery is recorded against a man bearing the euphonious name of Elijah Vanlandingham. Tradition tells not what became of Vanlandingham and his posterity, but the minutes of the court say that he entered the plea of guilty to the indictment, and was fined the sum of 50 cents and costs of prosecution. In Territorial days, courts, at times, had considerable annoyance from some of the lawyers. On one occasion the Judges of the Washington Circuit Court concluded that Henry Hurst, an able lawyer, a man of bull dog courage and indomitable endurance, had treated Court with contempt. As a mete punishment the offender was committed to jail for the period of six hours, but while the Sheriff was conducting the offending lawyer to prison, the Court changed the penalty to a fine of $25. Over this change Hurst battled with the Court, for a long time, and finally took a change of venue to Harrison County. The contempt case grew out of an indictment against Hurst for assault and battery. At the July term 1817, Umphrey Webster was admitted to practice as an attorney and counselor at law. Who he was, or what he became, tradition tells not. The Session of November 1817 At the Washington Circuit Court held at the court house in Salem, on Monday the 10th. day of November, 1817, Associate Judges Godlove Kemp and Samuel Huston opening court, Davis Floyd presented his commission from Jonathan Jennings, Governor of the State of Indiana, as Circuit Judge of the Second Judicial Circuit of Indiana, and having been duly qualified thereupon took his seat as Presiding Judge of the Court. Thereafter George Hite was admitted as an attorney and counselor at law, and Jeremiah Rowland was appointed Prosecuting Attorney until the commencement of the ensuing term of the court. Mr. Rowland was a fine classical scholar and a well-read lawyer. He was a practicing attorney at the Salem bar for many years. At a later day in the sane term John N. Dunbar was admitted to practice in the court. At this November term, 1817, Jonathan Lyon treasurer of Washington County, instituted suit against William Hoggart, late Sheriff of Washington County, and against his securities, for failing to collect and pay over taxes due the county for the years 1815 and 1816. The sum claimed was $1,447.90. On the third day of the term the defendants craved over of the notice on which the action was founded, which was granted. Thereupon the defendants filed a plea in abatement. The defendants denied the legally of Lyon's appointment as County Treasurer. The question being submitted to a jury, a verdict of legality was returned. On the sixth day of the term the plaintiff dismissed the action, no reason given. At a term commencing on the 9th. of March, 1818, William Carpenter, Alexander Gilliland, Daniel J. Caldwell, Experience Porter Stores, Henry P. Thornton and Isaac Naylor were admitted to practice at the Salem bar, and at the same term John De Pauw was admitted to practice as an attorney and counselor at law. Of the several gentlemen admitted to the bar at this term, Thornton, Naylor and De Pauw were all noted men. Naylor became a Circuit Judge in the Wabash region. De Pauw was a State Senator for Washington County for a number of years, and he was a member of the first Constitutional Convention. Thornton was an exceedingly busy lawyer, and filed a number of important trusts. At this March term of the court, Noah Wright filed a paper in court showing that he was than Sheriff of Washington County. This is the beginning of the long reign of the Wright brothers in the Washington County Sherriffalty. Levi succeeded Noah, and for many years one or the other of these brothers held that important office. So very popular were they that it was utterly useless for anyone else to try to be elected Sheriff. In that day no party conventions existed. Any person desirous of obtaining any office had to rely wholly on his own personal popularity. Alternating at periods of four years the two brothers held the office of Sheriff for sixteen consecutive years in the county of Washington. Noah Wright after his repeated election victories, took his leave of the county and settled in Marion County, where he had invested largely in choice lands. Immediately after going out of the Sheriff's office in 1834, Levi met his first political defeat. He was a condidate for the State Senate, and was defeated by Judge Henry W. Hackett. John R. Higgins was admitted to the bar at the October term, 1818. What is most remarkable about him is that more actions of covenant, debt, assumpsit, trespass vi et armis, was brought in the Circuit Court against him, than were ever brought against any other person in the county. For more than twelve consecutive years not a single term of the court passed at which actions were not commenced against him. With such a flood of legal bossiness in court, it seemed absolutely necessary that he should become a lawyer. Jeremiah Rowland was re-appointed Prosecuting Attorney, and John Kingsbury, Charles J. Battrll and Mason C. Fitch were admitted to the Salem bar. Mr. Kingsbury was a resident lawyer of Salem, and elected to represent the county in the State House of Representatives. At one time he acted as Justice of the Peace for a period of five years. He was some what eccentric, well educated and well read in law. At this term of the court, the troubles of the Clark, Basil Prather, began to thicken. He had already been indicted for malfeasance in office, and had been acquitted. Now he was indicted for misfeasance, and was on trial, again acquitted. Every day he was becoming more and more the slave of a pernicious appetite for whiskey, brandy and rum. At a subsequent term of the court, he was indicted for nonfeasance in office, but was acquitted on a trial jury. As he had about reached the end of the feasances, he deemed it best to resign his office of Circuit Court Clerk. On the 25th. of September, 1816, Eli Lakey assaulted with an ax Joshua Lakey, striking him on the head and inflicting a wound, which in the extravagant indictment, language of that day was described to be five inches long and four inches deep, of which wound Joshua died the following morning. At the ensuing term of the court, Eli was indicted for murder in the first degree. He was never apprehended. The case remained on the docket till the June term, 1820. John McCullough, at the June term, 1819, was indicted for man-stealing, but on trial at a subsequent term was acquitted. At this term a rule fining attorneys 50 cents for undertaking to address the court while standing without the bar was adopted. Sentence of the Lash On an indictment for larceny, a jury of twelve men rendered the following verdict against Howard Gordon: "We the jury find the defendant guilty as charged in the within indictment, and do asess his fine at $3, and that he get two stripes on his naked back well laid on." This verdict was rendered at the October term, 1819. On motion, and after a very earnest struggle on the part of his attorneys, the verdict was set aside, and a new trial granted. On the second trial, the defendant was acquitted. A simi lair verdict on an indictment for larceny was, at the February term, 1821, rendered against Michael Rudolph. In his case a new trial resulted in acqittal. Consequently, corporal pubnishment for crime was not inflicted, as according to the existing law, it might have been. In two or three decades of the Circuit Courts existence, it was no uncommon thing for lawyers by contemptuous demeanor to incur the displeasure of the Court. At the October term, 1819, John H. Thompson, Jeremiah Rowland and Reuben W. Nelson were each fined $1 for contempt of court. The date of Mr. Nelson's admission to the bar was overlooked. He was a brilliant young man, with bright prospects as a lawyer. His career was brief. He was thrown by his horse and suddenly killed. Indictment for Grave Robbing William A. Boyles, a practicing physician, then of Fredericksburg, Ind., at the June term, 1820, indicted for digging up a human body, put in a plea of guilty, and was fined $10. His subsequent history is well known. He was very prominent in the treason trials of 1864. Judge Floyd at this term of the court reported the condition of the Clerk's office to be much out of order, and that the books and papers were kept in a very careless manner. This report of the Judge induced the resignation of the Clerk. James J. Doyer and Nathan Miles, at the October term, 1820, were indicted for man-stealing and afterward, Moses Singleton, a notorious Negro trader of Shelby County, Ky. was indicted for the same offense. Not one of these persons was ever brought to trial. They escaped from the State and thus avoided arrest. The resignation of the Clerk occasioned some inconvenience. No one seemed to possess legal authority to make a pro tem, appointment. Legislative intervention was sought. Accordingly, the General Assembly passed a joint resolution authorizing the Associate Judges of the Washington County Circuit Court to appoint a pro tempore Clerk to fill the vacancy occasioned by the resignation of Basil Prather. This resolution was approved by Governor Jennings, December 14, 1820. Godlove Kemp and Samuel Huston assembled in special term, and appointed John Kingsbury Clerk of the Washington County Circuit Court. At this point it should be noted that for the first twenty-five years of this court Revolutionary soldiers made application to the court for verification of military service preparatory to making applications for pensions. For years the records of Washington County Circuit Court are burdened with the lengthy proofs of Revolutionary service on the part of scores of these precious old veterans. Again for many years the Circuit Court transacted all the probate business of the county. John Kingsbury's reign as Clerk was of very brief duration. On the 24th. of February, 1821, Governor Jennings commissioned John De Pauw Clerk. He promptly gave bond with the following citizens as his securities; Amos Thornburg, Samuel Gray, David Fouts, John E. Clark, Enoch Parr and John Parr. Thereupon, John De Pauw, appointed as his Deputy, Albert Banks, who took the oath of office before Judge Godlove Kemp. Other Early Court Officers John Miles at the February term, 1821, was admitted to practice at the Salem bar. At the September term, 1823, Thomas Douglas was admitted to practice at the Salem bar, and Martin Wooley was found guilty of carrying concealed, deadly weapons, and was fined the sum of $1. At the March term, 1823, John H. Farnham was admitted to the Salem bar. He was a portly gentleman, of superior classical education, and a very able lawyer. He remained a citizen of Salem until his untimely death; he was a victim of cholera in 1833. At the October term, 1823, Francis N. Moore, James F. D. Lanier, Thomas J. Langdon and Michael G. Bright were admitted to the Salem bar. Of this roll of lawyers, Bright and Lanier made a notable mark in the world. At the April term, 1824, the phases of the court were somewhat changed. The genial Kemp and the muscular Huston no longer supported and advised the lynx-eyed Ross. Indeed, the later ascends the bench holding in his a new commission, bestowing upon him a second seven years' President of the Second Judicial Circuit of Indiana. On his right is Ebenizer Patrick, and on his left Henry W. Hackett, each with a seven years' commission as Associate Judges of the Washington County Circuit Court. Isaac Blackford, one of the Supreme Court Judges, had administered the oath of office to Judge Ross, but Judges Patrick and Hackett received the oath of office from John McMahan, a Salem Justice of the Peace. On the same day, April 19, 1824, Jonathan Lyon appeared in court with his commission as Clerk of the Washington County Circuit Court, to serve for seven years from the 3rd. of February, 1824. John W. Payne, James Whitcomb and Hugh L. Livingston, at the April term, 1824, were admitted to practice at the Salem bar, and Andrew C. Griffin was admitted at the September term of the same year. All these became noted men, all were through lawyers and served in legislative bodies. Whitcomb became Governor and served in the Senate of the United States. Maj. Payne filled numerous important trusts. He was taken from the bar in the prime of life by that remorseless destroyer of physical life-pulmonary comsumption. William J. Huff was admitted to the Salem bar, April term, 1825. The First Indictment for Rape At this term, Wesley Monical, William Moore and Henry Webb were put on trial on an indictment for assault and battery with intent to commit a rape on the body of Margaret Blunk. After an exciting trial a verdict of guilty was rendered against each. Monical was sentenced to the penitentiary for five years and three calendar months; Moore for five and nine calendar mouths and Webb for five years. After the commission of the crime there was great excitement all over the county, but not a single proposition to lynch the guilty men was made. The girl was regarded as partially idiotic, which intensified the excitement. The Pearson Manslaughter Case On the first of January, 1829, in something of a family feud, a sad homicide occurred. Patrick Pearson, with a pocket knife stabbed James Pearson. The later died on the 14th. of January. The Grand Jury preferred an indictment for murder against Patrick Pearson. On trial he was found guilty of manslaughter, and was sentenced to the penitentiary for seven years. James Hammersly, Enoch Davis, John Crouch, Nathan Maudlin, David Boyden, Ezekiel Collier, John Manning, James Carter, John Downing, Abner (Mather) Martin, William Frakes and James McKinney composed the jury that tried Pearson. Pearson was sentenced April 25, 1829. The Housh-Berkey Homicide Case About Christmas 1829, on Walnut Ridge, in the northern part of Washington County, a very lamentable tragedy occurred. Michael Berkey was a rural schoolmaster. He was a well disposed quiet, peaceable young man, conscientious in the discharge of all his undertakings. He had entered into a written agreement with several parents on the Walnut Ridge to teach their children. He entered earnestly into his work. The school was quietly moving on, but Christmas was approaching, the time when that savage relie of barbarism, "barring out" rarely failed to exercise cruel, tyrannical sway. The young pedagogue perceived signs of the meddling approach of trouble-making outsiders. The following papers will clearly indicate the young teacher's well- founded apprehensions of approaching evil-if not of absolute bodily danger to himself. The paprs are unique, and portend a coming storm. They run thus: "Know ye all men by these present, that I, M. Berkley, of Washington County State of Indiana, do bind myself agreeably to agreement to treat my scholars to one bushel and a half of apples, on the 24th. instant, and give them holiday from the evening of the 24th. instant to the morning of the 14th. of January next inclusive, and three days of the time to be made up by myself and the balance to be lost by the school." "We the undersigned scholars of the said Berkley, do agree to accept the proposals above stated, and defend the said Berkley, our teacher, against all other demands that might be made on the same occasion. Given under our hands this 21st. day of December, 1829. Attest M. Berkley, Teacher. Palina Hattabaugh, Susannah Housh, Rebecca Blake, Elizabeth Blake, Matilda Gowing, Malinda Gowing, Martin Gowing, Alexander Blake, Silas Killian, Ivy Stanfield, Henry J. Lumley, Arthur N. Stewart, Scholars." Then follows a kind of proclamation on the paper on the part of the teacher, and an unsigned negation note in handwriting an style of some impudent boy. The teacher is as follows: "Agreeably to the custom of the enlightened people of country and in consequence of the mutual respect and veneration existing between the undersigned parties, I the undersigned teacher, do agree and bind myself to treat my school, on the 25th. inst., at the schoolhouse, to one bushel of apples and two gallons of cider; provided the school will bear the same to the schoolhouse; and we the undersigned representatives of said school, do bind ourselves to defend said Berkley, our teacher, against all other demands that might be made on the same occasion. Given under our hands this--- day of December, 1829" To this the representatives' reply thus, word for word, and letter for letter: "We the undersigned parties, Mr. Berkley, are not a greed to your proposals. We want two bushels of applese-two gallons of cider. We want holiday From christmas till th day after New Years and you must lose all the time." This note is the evident prompting of the outside big boys who were striving to instigate the school to "duck the master within an inch of his life," and whose actions led to the fatal results that followed. From the court records it appears that the gathering at the school house to " duck the master" took place on the 23rd. day of December, 1829. The big rough, bully boy, with club in hand was there. Excited aiders and abettors of wrong and violence toward rural teachers were there, and in this artistic, quaint language of the old style indictment, Michael Berkley, "armed with an old horse pistol loaded with powder and five paper wads" was there. Threatening what would happen, John Housh, a young man advanced on Berkley. The assailant was bidden to stand back. Housh continued to press forward. Without intending to kill or seriously wound his assailants, for consequent testimony showed that there were several, Michael Berkley discharged the wad loaded pistol into the approaching crowd of advancing boys and young men. Unfortunately John Housh was motally wounded. Berkley was arrested and bound to answer for the shooting at thr Circuit Court. Housh died on the 26th. of December. Berkley was indicted for manslaughter. He was put on trial April 10, 1830. John H. Thompson, soon after Circuit Judge, was Prosecuting Attorney at the time of the trial, but so intent on the conviction of young Berkley were some relatives of young Housh that they hired Harbin H. Moore, than the most eloquent advocate in the Second Judical Circuit, to assist in the prosecution. Of the attorneys engaged in the defense of Berkley, Henry P. Thornton ranked first. He was than in the prime of life, and made a gigantic effort to save his young client from the penalty and shame of a State convict's cell. He forestalled th effect of Moore's closing effort by a terrific denunciation of venal, hired prosecution. Moore quailed under the cutting sarcasm of Thornton. The charge of venal prosecutor made a telling impression upon the jury, and Moore saw it, and confessed his embarrassment when he began the closing speech, for the prosecution. His effort was grand, abounding in brilliant, flashing flights of eloquence, but with all its beauty and richness it was utterly powerless. After a brief retirement the jury returned to the bar with a verdict of acquittal. Public opinion sustained the finding of the jury. The unintended homicide of John Housh was a greater source of pungent regret to none more than to Michael Berkley. Professional Character of Attorneys During the decade from 1830 to 1840 the following attorneys were admitted to practice at the Salem bar: William B. Slaughter, September 27, 1830; Arthur B. Simpson, October 9, 1930; Richard W. Thompson, September 22, 1834; Henry W. Hackett, September 22, 1834; James C. Wilson, March 23, 1835; Thomas V. Thornton, September 28, 1835; George D. Dunn, April 28, 1838; E.B. Thomas, September 24, 1838; John H. Butler, September 23, 1839; James G. May, September 23, 1839. Of several of these individuals their history beyond their admission to the bar is wholly unknown to the writer. Arthur J. Simpson was a long resident of Paoli. He had a long successful practice. Of Richard W. Thompson nothing need be said. Everybody knows Dick. When he was the bright young school teacher he was Dick. When he became the young lawyer with fiery tongue, the promising young Representative, and grave Senator in the Indiana Legislature he was still Dick. When he entered the halls of Congress and in the House of Representatives thrilled the hearts of men older than he, not "with thoughts that breath and words that burn" but with immortal gems of political truth eloquently told, truths that live when nations die, he was simply Dick. When with bleached locks but with vigorous body and youthful mind he swayed Neptune's trident at the head of the American War Department, he was Dick; yet when he became the proprietor of a potato and pumpkin patch, the boss of Wabash cornfields and broad acres of waving wheat he was finally the Uncle Dick, and sometimes the "Old Man Eloquent." Thomas V. Thornton was a man of no ordinary talent. He excelled at what ever he undertook. He died young. George D. Dunn made a grand mark on the stump and in Congress. As a clear logical debater in the National House of Representatives no one surpassed him. he passed away early in life. E.B. Thomas made a promising start at the bar, but fell early in life the victim of consumption. John H. Butler is still living, a vigorous, active man. His successful career at the bar tells what industry, probity and studiousness will do for the young man. Judge Butler is a model man worthy of imitation. Of James G. May some one else may write* On the 18th. of December, 1831, Judge Ross was re-commissioned as President Judge of the Second Judical Circuit. William Phelps succeeded Judge Patrick as Associate Judge, and Henry W. Hackett, entered upon his second term. William H, Carter entered upon his second term as Clerk of the Washington County Circuit Court at the same date. On the 12th. of April, 1833, Alexander Attikinson was commissioned Sheriff of Washington County, and held the office till he was succeeded by Stephen Hole in 1838. During the decade from 1830 to 1840 the Circuit Court docket was crowded with indictments for perjury, assault and battery with intent to kill, passing counterfeit money, and having in possession counterfeiter's tools, larceny mayhem, manslaughter and murder. Comparatively very few of these cases received attention. In September 1831, Gilbert Hyatt was sentenced to seven years' imprisonment in the penitentiary for passing counterfeit money, and having in his possession counterfeiting apparatus. In July, 1834, John H. Thompson was commissioned by Gov. Noah Noble Circuit Judge of the Second Judical Circuit, to fill the vacancy occasioned by the decease of Judge John F. Ross. The Wood-Kepley Murder Case After a hotly contested trial, running through several days, George Kepley was convicted of murder in the first degree. His victim was his friend, and had been his guest, for some days. He had gone to the stable to look after his horse when Kepley shot him with a rifle. The parties had been drinking. The trial commenced April 1, 1836. The man murdered was named Daniel Wood. the homicide occurred March 26, 1836. On pronouncing the death sentence on Kepley, Judge Thompson declared that the defense had been conducted with remarkable ability. Charles Dewey was the Prosecuting Attorney. As the homicide was without provocation; the prosecutor made a giant effort on behalf of the State. Of Charles Dewey, the Hon. Charles A. Wicliff, of Kentucky, who at one time came over to Indiana to conduct the defense in a noted murder trial, in which Dewey was prosecutor. Wicliff insisted that no man of Dewey's great intellectual power and vast legal learning should fill the position of Prosecuting Attorney. That the innocently wrong accused, he maintained, were in very great danger of unjust conviction. The jury in the case were: Joel Wilson, Stephen Kendall, George Beck Jr., James B. Huston, Josiah F. Perrin, David Patton, Christopher McCellen, Moses McCellen, Henry C. Moore, Jesse H. Hungate and William Mitchell. After a hard fought battle for a new trial, George Kepley was sentenced to be hung on Friday, the 7th. day of June, 1836. In pronouncing the sentence of death Judge Thompson was much overcome and wept freely, and when he concluded with the invocation, " May the Lord have mercy on your soul," the condemned man responded in a loud clear, distinct tone "Amen!" George Kepley, in order to meet death, did not await the ready skill of Sheriff Attkisson. He took the business into his own hand, and rendered the old log jail in which he was confined famous, by hanging himself till he was dead a very few days after his condemnation. The Manslaughter of Johnson On the day following the conviction of Kelley, Jacob Corn, a man of color, was put on trial under an indictment, charging him with the murder of Isaac Johnson, also a man of color. Again Charles Dewey prosecuted with his accustomed force, but the jury found Jacob no guilty of murder, but guilty of manslaughter, and assessed his punishment at five and a half years' imprisonment in the penitentiary. Johnson was struck on the head with an ax on the 26th. of March and died early in April. Other Criminal Convictions Abner Pitts was indicted for assault and battery with intent to kill, on a young man named Phelps, who afterward died. The indictment was returned into court on the 25th. of April, 1836, and after numerous continuances, the case abated in consequence of the death of Pitts. On the 12th. of December, 1836, at Urmy's saloon in Salem, William Collins, with a pocket knife, stabbed Abner Pitts in the left side of the body below the ribs. Pitts lingered until the 1st. day of January, 1837, and then died. On the 29th. of the following March, William Collins was placed on trial for murder. John W. Payne was now Prosecuting Attorney. The prosecution of the case was an able work. However, the jury found Collins was not guilty of murder but of manslaughter, and assessed his punishment at imprisionment in the penitentiary for ten years. Other Items of Interest In vacation of the Washington County Circuit Court, a special meeting of the Associate Judges, to-wit: George May and Enoch Parr, was held at the court house in Salem on the 29th. day of August, 1838, at which meeting James S. Thompson was appointed Clerk pro tem to fill the vacancy occasioned by the death of William H. Carter, Clerk of the Circuit Court of Washington County. George May became the successor of Judge Phelps. He was a man if extensive reading and of polished manners. He lived to the age of eighty four and retained a bright memory and a vivid relish for solid reading to the end of his life. James S. Thompson the son of Judge Thompson, was a young man of considerable promise. Law was his profession. He died early. Eli W. Malott's name appears as Clerk of the Washington County Circuit Court, February 17, 1838. His records are all neat and in good form. October 2, 1828, Louisianna Bowls, wife of the noted William A. Bowles, filed a petition for a divorce and alimony, which petition was afterward granted. John Webb was found guilty of larceny at the October term, 1839, and sentenced to six years' imprisionment in the penitentiary. The Unfortunate Conviction of James Brown A very sad and unfortunate conviction occurred at this term of the court. James Brown, an industrious, hardworking man, over three score and ten years old, was indicted and put on trial on a charge of assault and battery, with intent to kill his drunken son-in-law. His son- in-law was a huge overgrown man. There was no question in the minds of Brown's attorneys that he was first assaulted and struck in self-defense only; but in the absence of wittness to the contrary, the presumption of law was against. His attorneys exerted themselves in the poor, old mans behalf, as they would have pleaded for their own lives, but all to no purpose. He was doomed to two years confinement in the penitentiary. After sentence was pronounced he was heart-broken, and refused to sign a petition of pardon. He proposed to spend his remaining life in prison-hidden away from all who had ever known him. He died in prison. Other Important Proceedings In 1838 indictments were returned jointly, for manslaughter, against William and Merritt Young; also a separate indictment for the same offense against William Young. Before being brought to trial, William Young died, and for some cause or other, Merritt Young was never tried. In 1830 Probate business ceased to be transacted in the Circuit Court, and by statue Probate Courts were organized. They were made courts of record , but were of limited jurisdiction. From September 9, 1830 to January 3, 1852, six different judges presided over the Probate Court. The reign of each occurred in the following order: Jeremiah Rowland, presided from September 9, 1830 to August 12, 1833; he was succeeded by Samuel Peck, who continued in office for seven years. Isaac Thomas went on the bench in 1840, at the November term, and served till 1848, when Thomas D. Weir took the office. The last of the Probate Judges was Townsend Cutshaw. His term of service began November, 1851. He remained till he was legislated out of office, when Probate Courts gave place to Common Pleas Court. Thomas D. Weir was a graduate of Hanover College. Before his promotion to the bench, he had been admitted to the bar. Particular mention of Judge Rowland has already been made. Peck, Thomas and Cutshaw were mechanics of more than ordinary intelligence, and before their promotion to the bench, each had had long experience as Justices of the Peace. The jurisdiction of the Court of Common Pleas was much more extensive than was that of the Probate Court. It existed twenty years, and during that time, six men presided over the court at Salem. On the 3rd. of January, 1852, William Morrow took the position, and held the office till January 19, 1856. Fred W. Mathis, of Harrison County, followed, and continued to hold the place till 1861. Amos Lovering, of Clarke, succeeded. William W. Gilliland of Floyd, presided a single term. Patrick Jewett followed Gilliland, continued to hold the office about eight years. Charles F. Ferguson was on the bench, when the Legislature abolished the court and transferred its business to the Circuit Court. Later Members of the Bar Among the members admitted to the Salem bar between 1839 and 1846 there were several who afterward became quite noted men. The list inclusive runs thus: William A. Porter, James S. Thompson, Andrew J. Malott, Theodore J. Barnett, Cyrus L. Dunham, Thomas C. Anthony, Clark M. Anthony, William D. Rosseter, Randall Crawford, William T. Otto, George May Jr., Isaac N. Haylon and Henry Collins. In the proper place it will appear that Mr. Otto was the successor of Judge Thompson as Presiding Judge of the Second Judicial Circuit. Cyrus L. Dunham reached the House of Representatives, in the Indiana Legislature and served several years a Representative in Congress. Barnett was eloquent at the bar and on the stump. William A. Porter was Speaker of the Indiana House of Representatives , a fine classical scholar, a solid lawyer, a devoted friend of education and lived to an advanced age. Randall Crawford was a very able lawyer, and as a clear, logical reasoner he had no superior at the bar. George May Jr., spent about twelve years of his early manhood in the teaching work. As he obtained the means, he purchased choice legal works, and devoted his spare hours to careful law study. He was a very popular young man and before he was admitted to the bar was elected a member of the Indiana House of Representatives. When he was admitted to practice he had accumulated quite an extensive library of choice law books. For a number of terms he was Prosacuting Attorney of the Washington County Circuit Court. In November, 1870, he was thrown from a horse and fatally injured. A long Catalouge of Attorneys The long roll of lawyers admitted to practice at the Salem bar from 1846 to August 1884, is worthy of careful examination. Sir William Jones long ago in a bright pungent, poetic effusion asked and answered the thrilling question. "What constitutes a State?" He answered, "Men- noble, intelligent, patriotic, brave men." The history of the American Revolution presents a noble story of unflinching courage and enlarged intelligence existing in the profession of the law and ministry. Let the thought full reader scan carefully the following additional roll of legal names admitted to practice at the Salem bar: John S. Davis, T.B. Kinder, George A. Bicknell, Lyman Leslie, John M. Lord, Thomas B. Baldwin, Horace Heffren, Jesse T. Fox, Newton Booth, A.C. Voris, Zachary Gamott, Hosea Murray, M.D. L. Prow, Newton F. Malott, Hamilton S. McRae, William K. Marshall, John M. Wilson, Samuel D. Reedus, Simeon K. Wolf, Robert M. Weir, Patrick H. Jewett, Elijah Heffren, John I. Morris, Samuel W. Short, David W. Lafollett, A.B. Carlton, Jason B. Brown, Noble C. Butler, James A. Ghormley, P.A. Parks, William T. Jones, Thomas L. Collins, J.R.E. Goodlet, Alfred B. Collins, John H. Stotsenburg, Moses F. Dunn, George Dunn, James V. Kelso, John H. Lewis, Isaac N. Caress, Fred L. Prow, Thomas M. Clark, Samuel O. Huston, H.D. Wilson, Jonathan S. Butler, John Livermore, John F. Crowe, Joseph Troxall, Frank Wilson, Frank Lester, E.B. Caress, James M. Caress, William B. Hults, John S. Denny, James W. Prow, Asa Elliott, B.H. Burnell, Ralph Applewhite, E.C. Devore, John A. Zaring, Thad Huston, William H. Ward, Robert W. Meyers, John E. Belysen, James Baines, C.C. Menaugh, H.C. Duncan, George W. Denbo, B.P. Douglas, Samuel B. Voyles, John Q. Voyles, George W. Friedly, Harvey Morris, David M. Alsppaugh, John C. Lawyar, Samuel H. Mitchell, Robert B. Mitchell, William H. Paynter, William T. Bransman, Charles L. Jewett, Alexander Dowling, Warder W. Stevens, S.D. Hendricks, J. Robinson Funk, William Farrell, Maj. W. Funk, William H. Thompson, Thomas Buskirk, Joseph Daily, Samuel J. Wright, William Tracewell, Robert Tracewell and Isacc M. Hoagland. In a hasty search of legal records, running through a period of seventy years, the names of some attorneys may have escaped notice. Such was the case with the very last name in the long roll. Mr. Hoagland was practicing at the Salem bar as early as 1840. Had considerable legal business in the eastern portion of Washington County. He was a resident of Scott County, and had served in the Legislature. Many of the men whose names appear in the foregoing list, made the diligent, wise man's mark in the world. Some are still young in life's great struggle; and others are simply, constitution-made lawyers, and nothing more. Sundry Events Notwithstanding the numerous amount of gore that has drenched the soil of "Old Washington," no Sheriff of the county has ever had the undesirable privilege of making any rogue feel the "halter draw." J.F. Cutshaw, Clerk, and D.C. Shanks, both died in office. At this writing it is discovered that Thomas N. Jordan, an accomplished Court Clerk, who wrote a long time in the Clerks office for W.C. DePauw, was admitted to the bar September 3, 1855. On the 26th. day of March, 1849, Wiley Pullian was indicted for passing counterfeit money, but he made good his escape from the vigilant officers of the law, and was never brought to trial. On the same day Jonathan Odleston alias James Odle was tried for forgery, convicted and sentenced to the penitentiary for two years. George May Jr., prosecuting thr pleas on behalf of the State. At this term of the court Enoch Parr and William Wilson are on the bench as Associate Judges, and Josiah Burwell, fresh from the conquest of the noted city of the Montezumas is playing the Sheriff. The Mysterious Death of Varis In the later part of September, 1840, a great excitement pervaded a large part of Washington County. A Kentuckian, not having his ready pop convenient, got into a fight with a Johnson County Hoosier named Varis, and was rather roughly handled. After the fight Varis made his escape. The Kentuckian was terribly enraged and offered money to secure the arrest and punishment of the escaping man. He was pursued by several parties for a night and a day. The per suing parties returned and reported Varis not found. A few days thereafter, about six miles northwest of Salem, the body of Varis, with the head severed from the trunk, was found. Thereupon A.M. Crooks, a Salem Justice of the Peace, issued a warrant and had John Goodwin, Jeremiah Dennis, Michael Attkisson and Isaac Gordon arrested and brought before him on the presumption that they had murdered Varis, they being the parties that had pursued him. In the examining court James G. May conducted the prosecution, and John Kingsbury and others defended the prisoners. At the time of the arrest the grand jury was in session, and found an indictment for murder in the first degree. A bench warrant was issued and before the examination on the part of the State was quite completed, John McMahan, Sheriff, appeared in the Magistrate's Court and took the accused out of the hands of Justice Crooks, and led them into the Circuit Court then in session. The parties were dully arraigned, and each entered the plea of not guilty. The excitement in Washington County was intense, and on the 2nd. day of October, 1840, the parties applied for a chance of venue, which under the circumstances, was readily granted. The venue was changed to Harrison County, and the trial ordered to begin on the third Monday of October. At the trial the accused were defended by Richard W. Thompson, George D. Dunn, John Kingsbury and others. John W. Payne, conducted the prosecution. The Stat e was ably represented, but the defense was the work of giant intellecta. The parties were acquitted. The State's testimony in the Magistrate's Court of Inquiry left little room to doubt the guilt of Goodwin and Dennis. Sundry Criminal Convictions On the 30th. of March, 1841, St. Clair Collins was tried, found guilty of malicious mayhem and sentenced to three years' confinement in the penitentiary. John W. Payne was the Prosecuting Attorney. The detail of the crime is unfit to appear in history. On the 8th. of April, 1843, Samuel Vest Jr., was tried for assault and battery with the intent to kill on Constable Russell, and sentenced to the State's prison for two years. William A. Porter then prosecuted the pleas of the State. At the September term of the court, 1847, a remarkable affair was tried. Three indictments had been preferred against Isaiah Spurgeon. The first contained a charge of assault and battery with the intent to commit murder on M.M. Coombs; the second assault and battery with intent to murder Harriet Coombs; and the third charged burglary and larceny. The defendant was found guilty on each indictment, and was sentenced to hard labor in the State's prison on the first and second fourteen years each, and on the third eight years, making in all thirty years imprisonment. James Alvis, a Constable, was indicted and charged with the murder of Leonard Carnes. On the first trial the jury failed to agree, but at a subsequent trial, on the 30th. of March 1849, a verdict of not guilty. At this time Judge William T. Otto presided. March 25, 1846, Thomas Davis was convicted of forgery and sentenced to the State's prison for two years. March 22, 1847, Rodolphus Schoonover was on the bench as one of the Associate Judges of Washington County. At this term of the court Henry Baker was charged with the murder of William Elkins, and a jury found him not guilty March 27, 1847. In this case there was no testimony except the defendant's admissions. It was night, and unseen, the parties were alone when the conflict resulting in the death of Elkins occurred. On the 2nd. day of September, 1851, the court ordered the Clerk to certify that John L. Campbell and Horace N. Heffren are young men of good moral character. On the following day Andrew Thomas was tried for assault and battery with intent to kill Alfred Pringle. He was found guilty of the assault and battery without the intent, fined $200 and imprisoned in the county jail five days. Long before that date and ever since Alfred Pringle has been a bountiful customer of Washington County courts. Long live Alfred! On the 7th. of September, 1857, Peter Cloud, a Negro, was charged with committing a rape on a young daughter of Andrew Knight. On the 12th. he was arraigned in the Circuit Court, entered a plea of guilty, and sentenced to twenty-one years' service in the penitentiary. At the preceding March term George W. Lowery entered a plea of guilty to an indictment for grand larceny, and was sentenced to two years' confinement in the State's prison. Two females were indicted for murder in the first degree-Eliza Coffin, at the September term, 1857, and Eliza Fitzpatrick, at the September term, 1859. Neither case was ever tried. A.B. Carlton was prosecuting when the first indictment was reported. James F. Persise Jr., was indicted, charged with the murder of John Redman, October 6, 1863. He was tried September 19, 1865, and acquitted. Thomas M. Brown prosecuted on the part of the State and Cyrus L. Dunham defended. Brown's prosecution displayed much ability and legal acumen. Dunham's speech in behalf of the defendant was powerful, well calculated to elicit the sympathy and approval of any devoted father's heart. He maintained that every true-hearted brother should defend the character of an innocent, slandered sister to the "hearts blood itself." So concluded the jury. On the docket appear two indictments for assault and battery with intent to kill, on the body of Jacob Hedrick, and the other on the person of David T. Weir, neither of which resulted in conviction. The assault on Heddrick occurred in August, 1862, and that of Weir in February, 1865. These cases are mentioned together, because soon after Johnson fell at the hand of violence. Two other cases of indictments for murder in the first degree commenced in January, 1863, that have reached issue. John H. Wilfong and Michael Wilfong were jointly indicted, both charged with the murder of Willis Belyen and John Elizson. The Case of Delos Heffren There were three indictments against Delos Heffren. The first September 20, 1864, for assault and battery with intent to kill Cyrus L. Dunham; the second for the murder of William R. Johnson, August 13, 1866; and the third for the murder of John De Halstead, June 20, 1873. Trials in the first two cases came to an issue. He was acquitted. In the third case Judge Lynch denied Judge Slaughter's right to delay the trial of the prisoner, took him out of the hands of the court, and condemned the unhappy man to instant death, and then directed his agents to lead Delos to execution. All of which met no denial. Delos was hung the 29th. day of June, 1873. Delos had the reputation of being a fearless desperado, but it has often been said that in no instance of his life was he known to interrupt a civil man. In his second trial his attorneys were D.W. Voorhees, James G. May and C.L. Dunham. After his imprisionment a writ of habeas corpus was sued out of the Court of Common Pleas, Judge Jewett presiding. The aim was to admit the prisoner to a bail. In this court all the testimony in the whole case was taken and put in writing. In the course of the examination, Delos utterly refused to aid, by a single suggestion, his attorney's in their efforts. Judge Jewett refused to admit the party to bail. Whilst confined in prison some of his fellow prisoners broke open the jail, and made a way of easy egress. The other prisoners got out and fled. Delos came out and walked about town a while and then returned to his cell. Such was the disposition of the young desperado. Shortly before his cruel murder of De Halstead, one of his counsel was met in Seymour by a fine, portly well-dressed man, who used the following very expressive speech: "You have in Washington County entirely to many murders. The next one that occurs, your county will be visited by our men." This with emphasis he said, and "nothing more." Sure enough, for on Saturday, June 28, 1873, late in the evening, eighteen men from Jackson County, on their way to Salem, crossed at Sage's Ferry, and before the Sabbath's gentle dawn the dead body of the unfortunate Delos Heffren was dangling from the arch of the stone bridge south of Salem. The "vigilants" did the unlawful work. Numerous Crimes On the 21st. of May, 1865, William H. Allen assaulted and stabbed his brother, Joseph M. Allen, inflicting a mortal wound. He was indicted for murder in the first degree, but evading arrest, he was never brought to trial. In 1867, Sarah J. Williams was indicted for murdering her sister-in-law, Mary William. After an earnestly contested trial, she was found guilty, and doomed to a life-sentence. In September, 1867, Alexander White, an aged inoffensive colored man, was murdered on East Market Street, Salem. Robert Cline and Harvey Zink were jointly indicted for his murder. Zink was tried and acquitted. Cline evaded arrest. In February, 1868, Abasalon Wright was struck on the head with a heavy gun, wielded by Walker B. Rodman. Lingering insensible for a few hours, Wright died from the effects of the blow. Rodman made his escape and was not arrested till April, 1878. He was put on trial for murder, and after a very rigid investigation and able defense on the part of his attorneys, he was convicted of manslaughter, and sentenced to the State's prison for twenty-one years. At a Good Templar's turnout, in the court yard, at Salem, April 11, 1868, Henry C. Clark shot and mortally wounded George E. Telle, while walking in the procession. Clark was indicted, tried, convicted and sentenced to confinement in the penitentiary for twenty-one years. After several years' service, he was pardoned. Newland Tyler, a very young man was tried at the June term, 1874, on indictment fro murder and manslaughter, charging the unlawful killing of Frank Pitts. He was found guilty as charged in the second paragraph, sentenced to two years confinement in the State's prison. The Joseph Gollahan Murder Case A notable and very exciting murder trial took place at the September, term, 1870. Thomas Joseph was charged with the murder of William Gollahan, in Brown Township. He was arrested and had a trial before a Justice of the Peace. The Justice ordered him to prison, without bail, for Grand Jury investigation. Immediately after the commitment on the part of the Justice, a scheme for lynching the prisoner was devised. Sheriff Fultz being present, determined to defeat the aim of the mob, and bring the prisoner to Salem. The mob followed the Constable and Sheriff almost to Salem, but failed in their purpose. The following morning the Sheriff sent Joseph to New Albany for safe keeping. That night the mob came in force, broke into the jail, but found no Joseph. In the meantime an indictment for murder in the first degree, was preferred against Joseph. On Wednesday he was brought out for trial. During the day the Sheriff had a strong guard of citizens in the court house. At the adjournment of court, Sheriff Fultz seemed to return the prisoner to jail, but he did not. He manacled the prisoner fast to two stout, brave deputies, G.W. Roberton and W. Eaton, who in the darkness escaped to the woods and walked round in dark places all night. Again the mob broke into the jail and found not the object of their anxious search. When Court opened on Thursday morning, Joseph was brought in under a strong guard of citizens. In the meantime Sheriff Fultz telegraphed the Governor to send military aid to Salem. At the adjournment of court, the Sheriff determined to remand Joseph to New Albany for the night, and summoned a host of law-abiding citizens to safely guard the prisoner to the depot. In great numbers with sullen vicious looks, the vindictive mob was on hand around and near the brave citizen guards. No hand of violence was lifted. On Friday morning Joseph returned to Salem, under the escort of the Indianapolis Light Infantry. The trial proceeded without any serious inconvenience. It is true, the mob crowded the court room all day, but attempted no violence. Joseph was found guilty, and a life- sentence pronounced against him. On Saturday morning, the Light Infantry formed a hollow square with Joseph within, and thus conducted him to the depot. The scowling mob, at a safe distance, accompanied the guard. Sheriff Fultz is entitled to much praise for the prudence, firmness and skill with which he managed the perilous affair. Another point in this case should by no means pass unnoticed. One of the "viglants" in the second mob visit to the jail was a Court-baliff. Next morning when he came into court, in a mainly fearless tone, Judge Collins sternly said to him the "Court has no further use for your service." The Knowles-Lynn Forgery Case An attempt was made to defraud the estate of the late Richard Richardson by forgery on the part of William Knowles and John B. Lynn. The parties were jointly indicted for the forgery, but were tried separately. Prosecutor Branaman chose to put Lynn on trial first. Lynn on oath maintained that he wrote the note at the special request of Knowles, and signed the name of Richardson, and that Knowles made what purported to be Richardson's mark. The note thus executed was for about $1,000. Lynn testified that the note was made years after the death of Richardson. At the June, term, 1884, Lynn was convicted and sentenced to the State's prison for two years. At a subsequent day of the same term, Knowles was put on trial on a plea of not guilty. After considerable progress on the part of the State had been made, the original plea was withdrawn, and a plea of guilty filed. He was given a term of three years in the State's prison. Two Important Cases Two cases of striking peculiarity were overlooked in their order of time. Simeon Lofton stabbed John Voyles, perhaps, September 8, 1857, inflicting a mortal wound. An indictment containing two paragraphs- the first charging murder and the second manslaughter, was found against Lofton. On trial, a verdict was rendered, imposing a penalty of two years imprisonment in the State's prison. An appeal to the Supreme Court was taken, and the judgement of the court below reversed. No further proceedings in the case took place, and Lofton was free. The question arises, did the Supreme Court reversal end the case? On the 16th. day of December, 1865, Henry Isgrigg shot and killed David Coulter. Rumor still says that the shooting was done under much provocation. Isgrigg was indicted for murder in the first degree. He was put on trial at the September term, 1866. Rumor still says that C. L. Dunham and H. Heffren prosecuted him with a vim so powerful and a vindictiveness so bitter, that no other case ever prosecuted in the Washington County Circuit Court could exhibit a parallel. The jury rendered a verdict inflicting a life penalty in the State's prison. Col. Dunham is said to have expressed much surprise at the severity of the verdict. Some of Isgrigg's neighbors interested themselves much in his behalf and in about two years secured his pardon. In closing this chapter, something is due the present resident lawyers. It is sometimes said they who are, do not equal those who were. This is a mistake. One who measured lances with every lawyer at the Salem bar forty years since has watched closely the work of those at the same bar now, and it is his judgement that for every Oliver then, there is a Rowland now.