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CHAPTER V.
HISTORY OF THE COURTS-THE FIRST OFFICERS AND ATTORNEYS-THE EARLY INDICTMENTS AND TRIALS-THE FIRST GRAND AND PETIT JURIES - CHARACTER OF EARLY LAW VIOLATIONS - THE JUDGES-INTERESTING CRIMINAL TRIALS OF PIONEER TIMES -.LATER CONTESTED CASES - THE PAST AND PRESENT LOCAL BAR -EMINENT PRACTITIONERS FROM ABROAD-THE PROBATE AND COMMON PLEAS COURTS-IMPORTANT MURDER TRIALS.
THE Daviess County Circuit Court convened for the first time
. April 21, 1817, in the house of Alexander Bruce, which stood on the southeast corner of Main and Second Streets. The president judge was William Prince, and the " Esquire Associates " were William H. Routt and James G. Read. Emanuel Van Trees was appointed clerk, "until a clerk should be commissioned and quallifide." George R. C. Sullivan was prosecuting attorney, and Obed Flint, sheriff. The sheriff returned a "pannel" of grand jurors, consisting of seventeen good, true and lawful men, whose names are as follows : John Aikman, Alexander Bruce, Joseph Bruce, Joseph Bradford; Samuel Channis, Dennis Clark, Jacob Freeland, David Flora, Samuel Kelso, George Lashley, John McClure, Joseph Miller, John Stringer, James Warnick, Archibald Williams, John Walker and Peter Wilkins. The first case before the circuit court was entitled " Emanuel Van Trees vs. Ben Jamin J. harrison, foreign attachment," which does not appear to have been tried that day.
On the next day, April 22, the following named individuals were admitted to practice " as Attorneys and Counsellors in this Court:" William P. Bennett, Jacob Call, Nathaniel Huntington and George R. C. Sullivan. On this same day the grand jury returned to the " Barr," and found " true Bills" in the following
cases, to-wit: here follow twelve cases of assault and battery, the first being that against Andrew Hilton, and the second against "Thomas Merida." Andrew Hilton's case was continued to the July term, and when called resulted in his acquittal. " Thomas Merida's" case was first tried, "and Mr. Merida being called appeared in proper person and for plea said that he could not but say that he was guilty in manner and form as he stood charged in the indictment, therefore it was considered by the Court, that he make his fine to the State of Indiana for the use of the County of Daviess for a county seminary, 83." The fund for the establishment of a county seminary thus had its origin, and was for years largely contributed to by fines for assault and battery.
The next term of the circuit court commenced July 21, 1817. During this term perhaps the most interesting case was that of Thomas Proctor, who was charged with the larceny of nine beaver skins and some moccasins from Joseph Whitney. ( ?) * "The court adjudged that Mr. Proctor restore to Joseph Whitney the nine beaver skins mentioned in the indictment; that he pay to the said Joseph Whitney $54 (the moccasins having been restored) and also pay $10 to the county for the use of a public seminary, and the costs."
At the March term of this court, 1818, Big File, a "Delloware Indian," was indicted for the murder of Thomas Eagle, which event is recorded in the chapter on the Indian history of the county. A warrant was issued against the defendant returnable at the next term of the court. At the June term " the accused being solemnly called, came not, and an alias capias was issued for said Big File returnable to the next term." At the September term this case was continued, and at the October term, 1819,
a "nolle prosequi" was entered in the case.
At the June term, 1818, John Law was admitted to practice at this court. It may be stated here that the first petit jury consisted of Charles Sinkins, John Allen, Ninian Steele, Samuel Kelso, James Steele, George Lashley, William Ballow, Thomas Bradford, Solomon Suplee, Thomas Horrall, George Hunt and William Purcell, the latter of whom was foreman. It is interesting to note that most of the trials during the years 1817 and
1818, before this court, were for assault and battery, and that the same individuals were frequently tried for this offense. This was especially the case with John Colbert, who was before the court no less than ten times, fines of from $2 to $5 being imposed in most cases, for the benefit of the county seminary. In September, 1818, he was sued for slander by Robert Flora, and also by Walter Clark, in the former case being fined $227 and in the latter $250. Subsequently his name appears very seldom on the records of the court.
At the June term, 1818, Thomas H. Blake presented his commission as president judge of this court, and took the oath of office. His associates were the same as those of William Prince. Gen. W. Johnston presented his credentials at the September term, his associates remaining the same. At the June term, 1819, the Hon. Mr. Johnston was succeeded by Jonathan Doty, who had as associates William H. Routt and James G. Read until September 18, 1821, at which time they were succeeded by Ephraim Thompson and Philip Barton.
WRIT OF AD QUOD DAMNUX.
The first application for an ad quod damitum writ was made March 16, 1819, by William M. Taylor, through his attorney, Charles R. Brown. It appears to have been the desire of Mr. Taylor to raise a dam across Bagg's Creek, on the northeast quarter of Section 17, Township 3, Range 4, for the purpose of obtaining sufficient water to run a grist and saw-mill. Some of Mr. Taylor's neighbors thought that to raise the water as high as he proposed to raise it, ten feet above its ordinary level, would work serious damage to other property, by overflowing and injury to the health of the community. Hence the application for the writ. The sheriff at that time was Obed Flint, and the jury which investigated the merits of the case was as follows: James Love, John Bowsman, William Standly, Hiram Lucas, Abraham Teverbaugh, Josiah Hunt, Samuel Stukey, James Smady, Henry Hall, James Berry, Philip Davis and Cager Peek. The finding of this jury was that, having taken everything into account, no property of any individual except that of said Taylor would be affected by the raising of the dam ten feet above the water in
Bagg's Creek; that it would not interfere with the passage of fish, or navigation, neither would it annoy the health of the community; that, in short, neither the public nor any individual would be injured by the carrying out of Mr. Taylor's enterprise. and it was ordered by the court that a subpoena do issue against George Mitcheltree, returnable at the next term of court, to show cause, if any he has, why the said inquisition of the jury should not be confirmed, and the said mill not be established by the court. At the next term no cause was assigned by Mr. Mitchel-tree. Other applications for the same writ, for similar reasons, were made by other individuals with the same result—permission to build their mills.
Judge Jonathan Doty was succeeded as president judge of this circuit court by Jacob Call, at the April term, 1822. It will be remembered that Jacob Call was one of the first admitted to practice at the Daviess County bar. At the September term, 1824, Judge Call was succeeded by the Hon. John R. Porter, whose associate judges were still the same—Ephraim Thompson and Philip Barton. At the September term, 1825, Philip Barton gave place to Rawley Scott, who was himself succeeded, in 1829, by Michael Murphy.
CRIMINAL TRIALS.
At the August term, 1827, Adam Teal was tried for the murder of Mary Ann Hewlett. The trial lasted two days, and resulted in an acquittal. John Law prosecuted, and McJunkin and Brown defended. The fight on both sides was vigorous. William H. Routt was foreman of the jury. At the August term, 1829, Jabez Osman was tried for assault and battery, with intent to murder, " on the body of James McLaughlin." This was one of the hardest fought of the early trials, and consumed several days. John Law, a strong man., prosecuted, and Charles Dewey and E. H. McJunkin defended. Dewey at this time had no superior as a criminal lawyer in the State. His address to the jury, whose foreman was James Carnahan, was a powerful effort, but his client was found guilty, and sentenced to one year in the penitentiary. His wily attorneys, however, succeeded in securing a new trial, and finally cleared him. In 1831 Phineas
HISTORY OF DAVIESS COUNTY.
Gad'
Davis was indicted for obstructing navigation in White River, and John Wykoff was indicted for barratry. Moses Knight, a Revolutionary soldier, of South Carolina, applied for a pension in 1831.
John. Taw was commissioned president judge by Gov. J. Brown Ray, January 25, 1830, and served until August 10, when he was succeeded by Gen. W. Johnston, who was succeeded by Amory Kinney, December 12, 1831. Judge Kinney received his commission from Gov. Noble, and served until January 25, 1837. The associate judges were the same as last mentioned above until the September term, 1'834, when Ephraim Thompson was succeeded by John L. Caldwell. At the September term, 1835, they were John L. Caldwell and Elijah Chapman, and one year from this date they were Elijah Chapman and Cornelius Berkshire. Erasmus H. McJunkin, attorney, died in 1834, and the local bar passed suitable resolutions extolling his merits and lamenting his death.
SUNDRY TRIALS OF OFFENSES.
In 1835 H. E. Brandus, an apprenticed boy to John Cawood. was released from his obligations by the circuit court owing to cruelty and misuse. Nancy Riley, tried for murder in March. 1837, was found " not guilty." David McDonald prosecuted. and Charles Dewey defended. The battle was between giants, and lasted four days. In April, 1842, Gaylord G. Barton recovered a verdict of $55 damages against John Hyatt for " trespass on the case for slander." Terry, Law and Watts were attorneys for the plaintiff, and Warner & Smydth for the defendant. Many witnesses were examined and large crowds assembled to witness the proceedings and hear the pleas of the counsel. In October, 1842, Melville Bassett, upon the complaint of Amanda A. Rodarmel. was convicted of bastardy and assessed $175 damages. One of the strongest cases in early years was the slander suit of " Jonathan Hawkins and Elizabeth, his wife, vs. Buck Ballow. The latter had said of Mrs. Hawkins: " She has stolen my property • she has taken things from my house without leave," etc., etc: Terry & Watts appeared for & plaintiff, and Law & Ellis for defendant. After a fiery and very interesting trial of three days.the jury awarded the plaintiff $180 damages. Another important
case was the trial of Willis M. Miller, in 1845, for the murder of Jane Miller. W. G. Quick prosecuted, and Terry and Clements defended. Three days were consumed, and the jury failed to agree. Terry made a speech of great power. In 1847 Joshua Burgett and Charles *Childs were indicted for kidnaping, but appear to have escaped the law. John E. Summers, Josiah Peck and William G. Cole were appointed school examiners of the county for the year 1848-49 by the court.
THE CIRCUIT COURT JUDGES.
On the 25th of January, 1837, Gov. Noble commissioned as president judge Elisha M. Huntington, who served until the April term, 1839, when David McDonald was commissioned and served until the February term, 1853. The associate judges were Cornelius Berkshire and Kenneth Dye from 1838 to November, 1845, when they were succeeded.by Benjamin Fitzgerald and Cornelius Berkshire,who served until the new constitution adopted in 1852 went into effect, when their offices were abolished.
The first judge of the circuit court under this new constitution was the Hon. Alvin P. Hovey, who served until the February term, 1854, when he was succeeded by Hon. William E. Niblack. In February, 1858, Ballard Smith became president judge, and served one year. In February, 1859, Michael F. Burke was commissioned judge of this circuit by Gov. A. P. Willard. The last day of court held by Judge Burke was March 14, 1864, and his death occurred on May 22, following. The vacancy caused by Judge Burke's death was filled by the appointment of James C. Denney. John Baker was then elected judge, and continued in office until the February term, 1871, when he was succeeded by the Hon. Newton F. Malott, who had been elected in the fall of 1870. Judge Malott served until the formation of the Forty-ninth Judicial District was formed in the fall of 1884, when the Hon. D. J. Hefron was appointed judge of that district by Gov. Isaac P. Gray. Judge Hefron is on the bench at the present time.
CRIMINAL AND OTHER TRIALS.
In April, 1850, James Thompson was fined $50, disfranchised for life and sentenced. to two years in the penitentiary for grand
1c&
larceny. James Blake was fined $57 and sentenced to three and a half years for the same crime. They were horse-thieves. .John Waterman was sentenced to two years in 1850, Willis Pierson to three and a half years in 1851, and John Foster to four years. all for grand larceny. Stubborn fights were made over these cases by opposing counsel. In August, 1854, Harriett Webster was found not guilty, after an exciting trial, of poisoning Robert Webster. A. L. Robinson prosecuted. In August, 1854, the most disturbing seduction case ever tried in the county was heard. The plaintiff recovered $1,000 damages. Many witnesses were examined and much time was consumed. McDonald & Robinson appeared for the plaintiff, and De Bruler & McConnell for the defendant. These attorneys delivered speeches of great brilliance, adroitness and probity. In September, 1859, William Humble was convicted of manslaughter, and sentenced to twenty-one years in the penitentiary. Nathaniel P. Usher served as special prosecutor. His address to the jury is said to have been worthy of Randolph. A motion for a new trial was argued and overruled. The details of this important case cannot be given. In July, 1859, the case against Thomas Puling for murder was tried here, on a change of venue from Knox County. This case was hotly contested from the start. The defendant was charged with having killed Matthew Norton with a knife. He was tried in Knox County and sentenced for life, but secured a new trial, which was heard in Washington. Richard A. Clements was prosecutor, and was assisted by W. E. Niblack and A. L. Robinson. The defendant's counsel were Nathaniel P. Usher, C. M. Allen and William Jones. Upon second conviction the case was taken to the supreme court, where it was reversed on some vital points. How the case finally terminated could not be learned. John Baker and William Garnet were connected with the trial. In 1862 the grand jury indicted William Perkins for treason, in this: That he did "maliciously and traitorously join and enlist in an army of divers false traitors, to the jurors aforesaid unknown, known as Jeff Davis' army, and commanded by one Jefferson Davis, which said army of men was then and still is in open rebellion and war against the Government of the United States," etc. This case was quashed. In September, 1863, Elijah Bas
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sett was convicted of having mortally wounded John B. Griffith with a knife, and was sentenced to two years in the penitentiary. In September, 1862, Mary Ann Strange was convicted of murder in the second degree, and sentenced for life to the State's prison. She had " choked, suffocated, strangled, bruised and wounded
her male child. Burton & Pierce were her attorneys. Clements probably prosecuted. Tn 1864 James McVicker, Louisa Richardson and Edward Denney were sent to the penitentiary for grand larceny. Clements prosecuted and James T. Pierce, J. W. Burton and S. H. Taylor defended. Strong efforts were made by defending counsel. In a bastardy case in 1865, $200 was assessed against the defendant for the support of the child, which was declared to be his by a jury of twelve men. At the close of the war numerous suits against parties for selling liquor without license were tried. In August, 1866, a prominent citizen was found guilty of adultery and fined $180 and costs, and confined one hour in the county jail. The indictment against the lady was quashed. The case of the State vs. James A. Padgett was tried in August, 1867, the charge being murder, it is said. The defendant was sentenced for life. J. W. Burton served as special prosecutor, and was opposed by J. T. Pierce and W. Ray Gardiner. The trial was well contested. In March, 1868, a youth of sixteen years was convicted of incest With his sister, and sentenced to the house of refuge for four years. C. S. Dobbins prosecuted, and W. I. Mason defended. In this year also William Wade was convicted of grand larceny, and sentenced to three years. In 1869 Abigail Brattan recovered a judgment of $400 damages against William Jackson for slander. Burton defended. Katie Mosier was sentenced to two years for grand larceny in August, 1871. Joseph Tennis was sentenced to four years for manslaughter in 1874, but secured a new trial. A two-years' sentence for bigamy was secured by the prosecutor in 1874 against a citizen of the county.
THE COUNTY BAR.
The bar of Washington County has from the earliest times been noted for its ability, and many distinguished men from other counties than Daviess have, from time to time, practiced there.
Among the prominent resident attorneys have been the following: Charles R. Brown and Amory C. Kinney. These were the first resident lawyers at Washington. After them came Erasmus, Harvey McJunkiia, David McDonald, Capt. W. Warner, E. S. Terry, Samuel Howe Smydth, R. A. Clements, John N. Evans, Michael F. Burke, John Baker, and others. Among the foreign attorneys were the following, the first two being Alexander Buckner and Thomas H. Blake. Mr. Buckner came from Vincennes, Mr. Blake from Terre Haute. They were opposing counsel. it is believed, in the case of Thomas Proctor, charged with the larceny of nine beaver skins, mentioned in the paragraph in the circuit court. They quarreled on account of something in connection with the c aie. and went over the Wabash to settle their differences by the code. The duel resulted without harm to either. Mr. Buckner afterward became United States senator from Missouri; Mr. Blake was the successor of William Prince as president judge of the circuit court, and later was commissioner of the General Land Office under President Harrison. Other attorneys who have practiced at the bar are the following: Lovell H. and Richard H. Rousseau, John R. Porter, John H. Dowden, John S. Watts, Thomas H. Carson, Richard W. Thompson, George G. Dunn. Samuel B. Gookins, John Payne, James Hughes, Tilghman H. Howard, P. M. Brett, Elijah Bell, Delan a R. Eckles, B. M. Thomas, Senator Albert S. White, Edward A.. Hannegan (afterward United States Senator), A. G. Caldwell. E. B. Talcott. D. K. Weis, Charles Dewey (afterward judge of the supreme court), Elisha M. Huntington. Moses Tabb, John Law, Samuel Judah, Joseph Warner, Willis A. Gorman, Francis P.
Bradley. William G. Quick, George Proffit (afterward minister to Brazil), Craven P. Hester, John C. Graham, Joseph Dunn, William E. Niblack, Henry S. Lane, Abraham Lincoln (who made a tariff speech at the time of his visit, and who was sworn to support the Constitution of the United States and of Indiana in his practice before the court, by Col. John Van Trees, clerk), Hugh L. Livingston, G. W. Johnson, Paris C. Thinning, G. R. H.
Moore, S. H. Buskirk, L. Q. De Bruler, A. B. Carlton, N. P. Usher, John Baker, J. W. Burton, C. M. Allen, William Jones, L. B. Parsons, Elisha Embree, and many others of later date.
T. A. Howard became United States senator, gubernatorial candidate of the State; Dunning became governor of the State; McDonald judge of the United States District Court, and author of "McDonald's Treatise ;" Gorman was colonel in the Mexican •war, a general in the Rebellion, a member of Congress and governor of Minnesota; Smydth was a brilliant young man, and died in France, an officer of the United States; Watts was appointed judge in New Mexico by President Fillmore, and died there; Thompson was member of Congress and Secretary of the Navy under Hayes; G. G. Dunn was the greatest orator in Indiana, and a member of Congress; Terry became judge of a circuit in the northern part of the State; was a graduate of West Point. He was the second of G. G. Dunn in an "affair of honor" with James Hughes, ,whose second was Hugh L. Livingston. The affair was honorably settled without the effusion of blood. Lovel H. Rousseau was captain in the Mexican war and a major-general in. the Rebellion ; James Hughes was judge, congressman, West Point graduate, lieutenant in the Mexican war, and major-general of the Indiana Legion during the Rebellion. Many of the others became judges, and several reached prominent positions in the State and Nation.
The present bar of Washington is composed of the following members and firms: Gardiner &, Taylor, J. W. Burton, Billheimer & Downey, Haynes & Hardy, O'Neal & Hefron, Ogdon & Burke, C. K. Tharp, J. M. Barr, John Baker, John H. Spencer, G. G. Barton, E. F. Meredith, and John M. Van Trees. On the whole, this bar is one of exceptional ability.
THE MURDER OF BENJAMIN SHODA.
This murder occurred December 24, 1834. Benjamin Shoda or Choto, was of French and German origin. He came to Daviess County from Kentucky about 1830. He was unmarried, and settled within half a mile of N. Read's house. For a bachelor he was comfortably situated. On the Christmas eve above mentioned he had invited his friends, William Scott and James Right, to celebrate with him, and had a gallon of whisky ready for the occasion. Toward midnight Right fell asleep, and slept very soundly until near daylight. When he awoke Scott was gone, and Shoda was, as he thought. asleep, so he passed out quietly and went home. Scott had already gone home, but feeling uneasy, started for town, and on his way met some one and told him about the fight he had with Shoda, and he said he supposed him dead by that time, as he had left him in a dying condition. Shoda had a shoe bench and tools, and his shoe knife was found bent double. and his poker. a seasoned sassafras stick about three feet long, and about as thick as a man's wrist, was ly-. ing on the floor. There was no blood on either knife or stick, but from the imprints of the stick upon Shoda's face and head, and from the fact that the knife was bent double, it was inferred that the two had quarreled over their game of cards, and that Shoda had met his death from blows received from the sassafras poker in the hands of Scott. Scott made no attempt to escape, and was 'imprisoned. He was indicted by the grand jury for murder in the second degree. The verdict of the jury that tried the case was guilty as charged, and the sentence imposed was that Scott should serve two years at hard labor in the State prison. Scott served out his time, and lived the remainder of his life in the hilly country between Washington and Jeffersonville. For several weeks after the burial numerous people saw at night Shoda's ghost, as they believed, hovering near the grave. The apparition caused a genuine sensation for a considerable time, and as the grave was on high ground, in a lonely spot some distance from the road, the true state of affairs was not discovered, as has been intimated, for weeks. At length what was generally believed to be a ghost was found out to be a white heifer, which had found her way into the small field containing the grave, but could not find her way out. Th-u.s the secret of the ghost was revealed.
THE MURDER OF DAVID YOUNG.
This murder occurred about February 1, 1866: By whom it was committed was never legally ascertained. William J. Wilson, Young's partner for some years in business at Epsom, Daviess County, was suspected. and. by a change of venue, tried in Pike County for the crime, in September of that year. Circumstantial evidence was all that could be produced, but not enough to satisfy the jury of his guilt. In the trial the State was represented by Prosecuting Attorney William R. Gardiner, Richard A. Clements and Alexander C. Donald, of Princeton, who was employed by the Masonic lodge. The defense was conducted by Judge J. W. Burton, of Washington, and Col. Cyrus M. Allen, of Vincennes. At the termination of the trial, which lasted nearly a week, the prosecution through Mr: Donald, admitted that the State had failed to make out a case, saying in his concluding. speech to the jury: "I firmly and honestly believe him guilty, but have failed to prove it." After his acquittal Wilson remained at home until the following February, braving the storm of indignation caused by the general belief in his guilt. At that time he suddenly disappeared, deserting his wife and family, all of whom except his son still reside in Daviess County. The circumstance which came to light after the discovery of the body by a young woman named Johnson, in the evening of Friday, February 8, proved the murder to have been one of the most cold blooded in the annals of crime, and for which it is probable his own superstition was largely instrumental; but circumstances are numerous, and are intricately connected with individuals and religious belief. The above is the theory generally accepted, but it is probably not the correct one. Evidence is in existence closely connecting other parties with the crime. As, however, no one else has ever been tried, it would be inappropriate to introduce guess work.
THE ASSASSINATION OF CAPT. M'CARTY.
Capt. Eli McCarty had belonged to Company G, Forty-second Indiana Volunteers, but on account of having been wounded in battle he was appointed notifying officer at the time of the draft in 184. At that time feeling ran very high throughout this State against the Government, against the further prosecution of the war, and especially against the draft.. Numerous individuals in the southeastern part of the county had sworn to resist the draft, and to kill any officer of the Government who should notify them that they were drafted. Meetings were held by those taking this position, most if not all of whom, it is believed, were members of that treasonable order known as the "Knights of the Golden Circle." Among the leaders in the special episode resulting in the death of Capt. McCarty, were at least two of the Slicer boys, and Hillory Madden. The names of others will appear later on. In the performance of his duty, Capt. McCarty, on October 3, 1864, notified Samuel and Thornton Slicer, Jr., sons of Thornton Slicer, Sr., of their being drafted, the former of whom said very quietly but very determinedly, "I will see you later, Mr. McCarty." Capt. McCarty then went to the house of William Jackson and took dinner.
While there he manifested considerable uneasiness, which Mr. Jackson noticed, understood the reason, therefore, and offered to accompany the Captain. This offer was declined, and McCarty went on his mission. He next notified James Nash, who was chopping near William Madden's barn. Mr. Nash, though a Democrat, did not approve of the movement to resist the draft, but in the barn, unknown to him or the Captain, were two of those who did propose to resist it, and to kill any notifying officer. These two men were Samuel Slicer and Hillory Madden. McCarty having proceeded eastward a short distance they came out of the barn and started in pursuit, swearing they would kill them Soon they jumped the fence and ran across the fields to head him off. McCarty was shot not by them, but probably by John Macaboy, who stood on a slight elevation of ground, near a dead white oak tree and behind a thick clump of bushes, and was thus unperceived by his victim. The shooting was done with a rifle, the ball entering near the right shoulder. passing down obliquely through the lungs and severing the main artery near the heart. The Captain rode on about fifty yards before falling from his horse. Other shots were fired but no other took effect. One of the party almost immediately came back to where Nash was at work, and throwing his pistol down at Nash's feet, exclaimed, By . we've killed him, and if you peach upon us we'll serve you the same way." The Captain's horse with the empty and bloody saddle on his back, galloped down the road past Jackson's, and soon afterward the news spread throughout the neighborhood that harm had come to McCarty. The entire country became aroused, collected at James W. For-- ter's and the next morning began the search for the body.
In the meantime the Captain's horse had been captured by his assassins, led back to where the dead body lay, and compelled to carry his dead owner to the East Fork of the White River. Into this river at Green's Bend, on the Ballow farm, the body was thrown, weighted with a stone of about 100 pounds. It was no difficult matter to fasten suspicion upon some of the guilty parties, but the exact number and the particular individuals implicated have probably not been ascertained. Twenty-five or thirty were arrested by a self-constituted posse of citizens and soldiers home on furlough, and held at the house of James W. Porter. A portion of those arrested were taken to Washington and given a preliminary trial, but as sufficient evidence of their guilt could not then be obtained, they were permitted to return to the neighborhood of the commission of the crime, under guard. A Deputy United States Marshal soon arrived on the ground under whom the posse organized. About the time the parties who had been given a trial at Washington arrived at Mr. Porter's house, which was headquarters for the posse and where the prisoners were held. a runner came in and announced that the body of McCarty had been found. The course followed to the river had been easily traced. and Dr. Mitchell, by diving, found the body at the bottom of a hole in the river about twenty feet deep. The commission of the deed was surely being traced to the right parties by contradictions in their testimony as to their whereabouts and occupations on the day of the mill:der, when indications of weakening were observed in Charles Mallory, who was finally unable to hold out, and turned State's evidence against his fellows.
Of those pointed out by him as being participants in the crime, the following parties were tried and convicted for resistance to the draft at Indianapolis by a military commission, and sentenced to the penitentiary for six years: John Macaboy, Daniel Scales, William Whitesides, Washington Hedrick and Yokum Scott. Whitesides and Hedrick died before the beginning of their terms. The others served the full six years, and were then released. The Slicer boys and young _Madden, who were equally guilty, managed to entirely escape, went West and joined Quantrell's guerrilla band, and afterward went to California, where they are believed to be at the present time, except Thornton Slicer, who, a few years since, was living in southwest Missouri. Had the younger men of the county had their way, very few, if any. would have been tried by a military commission or escaped, for their determination was to hang every one believed to have been guilty to the nearest tree, but the counsel of cooler heads prevailed.
Capt. McCarty was buried in the graveyard near the Ebenezer Methodist Episcopal Church. A monument was erected soon afterward over his grave, bearing the following inscription: "Eli McCarty, Capt. of Co. G., 42d Indiana Volunteers; born November 26, 1826; killed October 3, 1863, by eight Peace Democrats, while notifying drafted men. He entered the service of his country September 26, 1860; was wounded at the battle of Perryville. October 8, 1861; resigned March 16, 1862. He was
volunteer, and had served in the Mexican War. All things work together for good to those who love and serve God.' "
THE PROBATE AND COMMON PLEAS COURTS.
The probate court of Daviess County held its first meeting July 14, 1817. The associate judges of the circuit court were ex officio probate judges from the time of the establishment of this court until 1830. These associate judges were at first William H. Routt and James G. Read. Very little business of importance came before the probate court for some time. The first will admitted to probate was that of Thomas Horrall, December 18, 1818. The first probate judge was James Breeze, in 1830. James McDonald was commissioned probate judge in 1832, for seven years. W. G. Cole went on the bench in 1839, and served until 1849. when, on account of his death, Gov. Dunning commissioned Alfred P. Davis. John Brayfield was commissioned probate judge September 7, 1850, and served until this court was changed to the court of common pleas in 1852. Succeeding him have been Richard A. Clements, Sr., who served from January, 1853, to May, 1866. when James C. Denney was appointed to fill the vacancy caused by his death. Judge Denney was succeeded by Richard A. Clements, Jr.. who was elected, and commissioned by Gov. 0. P. Morton November 12, 1866. Upon the death of Judge Clements. William R. Gardiner was appointed by Gov. Baker, October 2. 1867, to fill the vacancy. In November, 1867, Judge Gardiner was succeeded by J. T. Pierce, who was elected at the general election that year. Judge Pierce served as common pleas judge until 1873, when a law was passed by the Legislature repealing the statute creating the court of common pleas.
Preface | Ch1 | Ch2 | Ch3 | Ch4 | Ch5 | Ch6 | Ch7 | Ch8 | Ch9 |Biographies
This information is the research of many people across the United States and may contain errors. It is presented as the best information to date. Like all of those whose work I have incorporated herein, my research is a work in progress and subject to change without notice. A special thanks to Marlene Ricci of CA, Dwayne Meyer of CA, Jacqueline Bean of TX, Debbie Dick of IN, Milus Miller of IL, Carol Hendricks Miller of IN, Clarence Miller of IN, and Harold Glen Miller of IN. There are numerous others too; many of which are unknown, but their findings and stories are still much appreciated. Much of this would not have been possible with out their information. Also this website includes historical facts gathered from Washington County History, Indiana History, Rowan County and Salisbury North Carolina Historical sources and other US Historical sources.
James A. Miller- Great -Great -Great -Great Grandson of Adam Miller and Hannah Sheets.
©2007 The Millers of Washington County
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Last Updated 12/14/10 03:35:18 AM -0800