Indiana's State Motto: The Crossroads of America - adopted in 1937

Site Map

You Are Visitor Number

Join the Millers of Washington County Mailing List

Enter your name and email address below:

Name:
Email:
Subscribe  Unsubscribe 

CH-15|CH-16|CH-17|CH-18|CH-19|CH-20|CH-21|CH-22|CH-23|CH-24|CH-25|BIOS

BY COL. E. H. C. CAVINS.

ESTABLISHMENT OF THE COURT OF COMMON PLEAS-JURISDICTION OF THE COURT-THE FIRST TERM-JUDGE HUGHES-HUMOROUS INCIDENTS-FIRST CASE OF BARRATRY-PECULIAR SUITS-THE MURDER OF JAMES RAINWATER-TRIAL OF DR. MEUSE-MURDER OF JOSHUA HOLDING ARREST OF WILLIAM BUCKNER-HIS ESCAPE-PERSONAL NOTES—THE BENNETT-PATTERSON SLANDER SUIT-OTHER CRIMINAL ACTS-MEMORIAL RESOLUTIONS ON TILE DEATH OF PRESIDENT LINCOLN-INCIDENTS-" THE. AUBURN-HAIRED CHILD OF DESTINY "-DEATHS OF EMINENT MEN-MURDER OF JACOB SICKLER-ARREST AND TRIAL OF JOHN ROSE-HIS CONVICTION AND PARDON-THE CARIS LAND CASES-MURDER OF ELIHU HARDIN-SENTENCE OF JOHN HUEY-CATALOGUE OF ATTORNEYS.

IN the year 1852, the Court of Common Pleas was established, and
the act was approved May 14, 1852. The counties of Clay, Sullivan,
Owen and Greene composed one district, but the districts were changed
from time to time afterward. This court was given exclusive jurisdiction of probate matters, and the old probate system was abolished. It had original jurisdiction of all that class of offenses which did not amount to a felony, except those over which Justices of the Peace had exclusive jurisdiction. State prosecutions were instituted by affidavit and information. Under certain restrictions, this court had jurisdiction over felonies where the punishment could not be death. But in no case was the intervention of a grand jury necessary. In all civil cases, except for slander, libel, breach of marriage, action on official bond of any State or county officer, or where title to real estate was in issue, this court had concurrent jurisdiction with the Circuit Court, where the sum or damages due or demanded did not exceed $1,000, exclusive of interest and costs, and concurrent jurisdiction with Justices of the Peace where the sum due or demanded exceeded $50. When the court was first organized, appeals could be taken from it to the Circuit Court, but that was afterward changed so that no appeal could be taken to the Circuit Court, but appeals could be taken to the Supreme Court. The jurisdiction of this court was enlarged from time to time after its establishment. The Clerk and Sheriff of the county officiated in the Common Pleas Court as well as in the Circuit Court. The Judge of the Common Pleas Court was ex officio Judge of the Court of Conciliation. The Court of Conciliation bad jurisdiction of causes of action for libel, slander, malicious prosecution, assault. and battery and false imprisonment. The jurisdiction of this court extended to questions of reconciliation and compromise only. No attorney was allowed to appear for his client before the Court of Conciliation, but the parties were required to appear before the Judge apart from all other persons, except that an infant was required to appear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867. We go into the particulars of this court because it was afterward entirely abolished.

THE FIRST COMMON PLEAS COURT.

The first term convened in Greene County in January, 1853. William M. Franklin was Judge, and continued in that office for four years. Frederick T. Brown was the first District Attorney for the court, and held the office for two years. At the April term, 1853, James Hughes appeared as Judge of the Circuit Court. He was elected by the people, and was the first Circuit Judge ever elected by popular vote in this circuit. Before this period the Judges had been elected by the Legislature. He held the office until the close of the year 1855, when he resigned. He was elected to Congress in 1856, and was afterward appointed Judge of the Court of Claims by President Buchanan. He was a graduate at West Point, and was a Lieutenant in the Mexican war. In 1864, he was commissioned Major General by Gov. Morton, and had command of the Southern Division of the State of Indiana. He was a man of superior ability. He served several terms in the Legislature as Representative and Senator. William E. McLean appeared as Prosecuting Attorney, and served two years. John R. Hudson, Sheridan P. Reed, William E. McLean, A. B. Carlton, E. H. C. Cavins and Andrew Humphreys were admitted to practice at the April term of the Circuit Court, and Albert E. Redstone, Ephraim Jackson and Jacob C. Brown, at the November term of the Common Pleas Court. Mr. Hudson practiced law here two years and went to Kentucky. On the 21st day of April, 1833, John I. Milam was appointed Deputy Clerk, before he was twenty-one years of age. He took a prominent part in the official and political history of the county from that time until his death.

METHODS OF PRACTICE.

In the early practice of the Common Pleas Court, the District Attorney would give the names of persons supposed to have knowledge of misdemeanors to the Clerk, who would issue a subpoena for them to appear in open court to be examined as to their knowledge of violations of law. This practice consumed so much time of the court that it was soon abandoned, and the practice of taking the affidavit of the prosecuting witness without examination in court was adopted and followed. As an illustration of the first practice at an early term, a large number of witnesses were subpoenaed to appear at the same time from various portions of the county. They came from Thacker Neck, Paw Paw Bend, Dog Island, Hardscrabble, Bristle Ridge, Black Ankle, Wild Cat, Snake Hollow, Devil's Ridge, Swayback, Buzzard Roost, Cattle Flat, Tail Holt, Lick Skillet, Shake-rag, Pinhook and other prominent places in the county. In consequence of the large number of witnesses to be examined, there was necessarily considerable delay in the investigation of some of the cases and the examination of some of the witnesses. Some witnesses were detained several days on expense. One old lady from the region round about Swayback was considerably demoralized over the annoyance to her, and with many others gave expression to her opinion of the recent change from the Probate to the Common Pleas system. She said: "I don't believe there is any more jestice in this Court of Common Sprees than there was in the old Crowbate."
At the October election of this year, 1854, A. B. Carlton, was elected Prosecuting Attorney of the Circuit Court for two years, and Oliver Ash was elected District Attorney of the Common Pleas Court for two years. During the year, in the order named, William Clark, William Mack, John N. Evans, John T. Gunn, Francis L. Neff, Harlin Richards and Arthur H. Neill were admitted to practice. William Clark located as an attorney at Bloomfield, and at once entered into a fair practice, but died within a year of his admission to practice. William Mack located at Bloomfield, and resided there several years, and moved to Terre Haute, hid., where he now resides, and where he at once took front rank as an attorney. John N. Evans also located at Bloomfield, and resided there until 1862, when he moved to Washington, Daviess County, Ind. , and resided there until he died. He was an able lawyer and for awhile he was a partner of Mr. Mack. The other attorneys admitted at this term were attorneys of adjoining counties, except Mr. Neill, who was what was called a "constitutional lawyer," More for ornament than practice.

THE FIRST CASE OF BARRATRY.

The first case of Barratry ever prosecuted in the county was prosecuted at the July term of the Common Pleas Court. It was against Ralph Martindale, an early settler and well known citizen of the county. A large number of witnesses were brought into court to testify against him. On motion of defendant's attorney, the affidavit and information were quashed, and he was discharged, and thereupon on motion of Maj.Livingston, and on proof as required by the constitution and laws of the. State, Ralph Martindale was admitted as a member of the bar, but he never practiced law except in Justices' Courts, as he had been in the habit of doing before. This year there was a case instituted that was never under Indiana practice. James C. 3rIcClarren brought an action against Alva Dill, charging that the defendant had sold intoxicating liquor to one James. Beden, until Beden became s6 intoxicated that he could not go home. That plaintiff took him to his, plaintiff's, house, and took care of him, until he died, and plaintiff demanded judgment for $200 for attention to and care for him. The court rendered judgment against Mr. Dill for $150. This is the only case of that class that has ever been tried in the county.

THE LOG CHAIN CASE.

In 1855, William E. McLean acted as Prosecuting Attorney at the April term, and Francis L. Neff at the October term. Oliver Ash was District Attorney for the Common Pleas Court. At the October election, Francis L. Neff was elected Prosecuting Attorney, and John M. Humphreys Clerk. Alfred Dyer, John R. Stone, Theodore Reed, David Sheeks, Willis G. Neff, Francis L. Neff, John H. Neff, John C. Palmer, J. W. Burton and E. C. Flinn were admitted to practice. John H. Martin, of Owen County, was admitted to practice about this time. This year a case from Paw Paw Bend was terminated involving considerable interest in that locality. Two men got into a dispute about the ownership of a log chain claimed in the papers to be worth $4. The evidence established that the chain was worth from $1.50 to $2.50. The plaintiff claimed that he had purchased the chain from Peter Caress. After considerable litigation in the Justice's Court, and on appeal, the case was finally decided in favor of the defendant. The plaintiff in the first case then brought suit against Mr. Caress for selling him, plaintiff, a chain that did not belong to the seller. Caress did not try to prove that he ever owned the chain in dispute, but proved that he owned the chain he sold, and consequently plaintiff was again defeated. The court decided in each case that the chain in litigation was not the Caress chain' The costs outside of attorney's fees and loss of time, in this log chain litigation, amounted to $165.34. In 1856, J. M. Hanna appeared by appointment to hold court as Judge at the April term, and A. B. Carlton at the October term of the Circuit Court. F. L. Neff acted as Prosecuting Attorney during the year. This was his last year of official service in Greene County. He entered the army early in the war, and was killed in battle while Colonel of his regiment. He was an earnest, efficient and able attorney, and displayed great gallantry in the army. In the Common Pleas Court, A. N. McGindley acted as District Attorney at the first two terms, and J. A. Gormley at the last two terms. John M. Humphreys appeared as Clerk. Austin N. McGindley, Samuel R. Cavins, L. B. Maxwell, Sewell Coulson, Joseph A. Gormley, N. F. Malott, Robert M. Evans and Theodore Ogle were admitted to practice. Robert M. Evans had recently located at Bloomfield. He had been a practicing attorney for several years. Was a Captain during the Mexican war. He did not remain many years in the county. He died in 1862, at Washington City, while in some position connected with the army. At the October election, 1856, J. M. Hanna was elected Judge of the Circuit Court; M. A. Osborn, Prosecuting Attorney; F. T. Brown, elected Judge of the Common Pleas Court; Michael Malott, District Attorney; and William G. Moss, Sheriff. During this year, there was a small but rather novel case tried in the Common Pleas Court, wherein Ralph Martindale, one of the " constitutional lawyers" of the bar, was plaintiff, and John Hash was defendant. The case was commenced before a Justice of the Peace, and was brought to the Common Pleas Court by appeal.

THE MAST CASE.

The complaint was drafted by Maj. Livingston, and stated among other things • that the plaintiff was the owner of a certain tract of land in Center Township containing 200 acres, and was agent for a large body of land belonging to Andrew Downing & Co., and in possession of it, and entitled to the annual mast growing thereon; all of which was covered over with a heavy and large growth of timber, consisting of white oak, black oak, pin oak, burr oak, post oak, chestnut oak, chinquapin oak, beech, black walnut, white walnut, hackberry, hazlewood and grape vines. That said oak timber, beech timber, black walnut, white walnut, hackberry and hazelwood were heavily loaded with oak mast, beech mast, walnut mast and hazel mast, and said grape vines with grapes. And also, that the ground underneath said timber, hazelwood and grape vines growing on said lands was deeply covered with said oak mast, and beech mast, and walnut mast, hazel nuts and grapes, furnishing to the stock of hogs and cattle and sheep of said plaintiff a good and sufficient supply of food to last his said stock from the 1st day of September, 1854, up to the 1st day of April, 1855, of great value, to wit, of the value of $200; and the said plaintiff says that the defendant afterward, to wit, on the 10th day of September, 1854, at the county and township aforesaid, did drive in and upon the said lands of the said plaintiff 100 head of large hogs, being the hogs of the defendant, and from thence hitherto and up to the time of filing this complaint did feed upon and eat up the mast of the said plaintiff, and thereby deprive the stock of the said plaintiff of the use and benefit of said mast, to the damage of plaintiff," etc.That part of the complaint in regard to the land of Downing & Co. was stricken out, on motion of defendant's attorney. There was a trial by jury, finding for plaintiff, and assessment of damages at $6.

MURDER OF JAMES RAINWATER.

On the 4th day of September, 1856, Prettyman Meuse murdered James Rainwater. The murder occurred in front of Lot No. 8 on Wash. ington street in Bloomfield. Meuse was a physician who had recently located at Bloomfield. Rainwater was a young man—a day laborer—who bad recently come to the town.Dr. Meuse became incensed on account of some remark that he heard Rainwater had made about him, in connection with his conduct at a camp meeting. Without saying anything to Rainwater, Meuse approached him with a rawhide and revolver and commenced striking him with the rawhide. Rainwater turned and started to run down the street away from him. Meuse shot at him as he ran. The first shot struck him, and he expired in about fifteen minutes. The bystanders were so amazed at the suddenness and manner of the assault, that for a few momenta they stood appalled at the scene before them. After the second shot, however, Thomas Patterson, a cool, resolute man, seized the murderer, and called' upon some of the bystanders to assist in his arrest. He was tried before James D. Knap, a Justice of the Peace, adjudged guilty and remanded to the county jail to await the action of the grand jury. At the October term; the Grand Jury returned an indictment against him, and on account of the excitement against him in Greene County, the case, on application of the defendant for change of venue, was sent to Monroe County. He was tried in Monroe County, and found guilty, and sentenced to State's Prison for life. Some years after he was pardoned, but never returned to Greene County. The last heard of him he was a Surgeon in the rebel army. In 1857, all the officers of the courts elected at the October election of the year before appeared and entered upon the discharge of their duties. During the year, Jesse Powell, M. F. Burke and Thomas Flinu were admitted to practice. On the 11th day of May, 1857, Hugh L. Livingston died. He had continuously practiced in the courts of the county

DEATH OF JOSHUA HOLDING

On the 10th day of February, 1857, William Buckner murdered Joshua Holding, in Greene County, on the public highway between Cincinnati in Greene County, and Stanford in Monroe, County. Buckner was about eighteen years of age. Holding was probably several years past fifty. Buckner was indicted at the April term following. He was prosecuted by Milton A. Osborn, Prosecuting Attorney. Paris C. Dunning, S. H. Buskirk, S. R. Cavins and A. G. Cavins were retained for the defense. Mr. Holding was a resident of the State of Illinois, and at the time of the murder was on his way to Bloomfield to look after a son who was in jail on some criminal charge. Not wishing to reveal the object of his visit, Mr. Holding said his business was to buy cattle. He was on foo going from Bloomington to Bloomfield; Buckner was also on foot, going to some place in Southern Indiana. The deceased was found in the road, dead, with a pistol shot wound through his head, the bullet having entered from the back part of the head. A light snow, partially melted away, was on the ground, and a track leading from the scene of the murder was discovered, leaving the road and pursuing a journey through the woods. The two had passed a house together a short distance from where the body was found. The officers of the law followed the man by a description of him, without knowing who he was, and found him in Pike County a short time after, and he was brought back to the county. The theory of the prosecution was, that Buckner believed Holding had a large amount of money with which to buy cattle, and while walking along together, when they arrived at a secluded place, Buckner arranged it so as to fall a little behind Holding, and shot him with a revolver for the purpose of getting his money. Buckner at first denied all knowledge of the killing, and said he left the road so as to take a more direct route, while Holding continued on the road. The case was called up for trial at the term at which the indictment was found, and Buckner made an application for change of venue, which was overruled. An application for continuance was then made, on an affidavit prepared by Hr. Dunning. The Prosecuting Attorney objected to a continuance, alleging that the affidavit was false in every material particular, and that the defendant's attorneys knew it to be false, and that a conversation between the defendant and his attorneys had been overheard in which the defendant acknowledged that he had shot the deceased Gov, Dunning made a powerful denunciation of the statement of the Prosecuting Attorney, stating with great force and emphasis that the informer was a liar and the truth was not in him. The case was continued until the October term of the Court On the night before the October term convened, Buckner, with some out side assistance, broke jail and was never retaken.
In 1858, James M. Hanna, Judge of the Circuit Court, resigned, having been elected as one of the Supreme Judges of the State. Solomon Claypool was appointed to fill the vacancy, and held court during the year. At the April term, I. N. Pierce acted as Prosecuting Attorney, and David Houston at the October term. During the year, David Housten, Henry C. Hill, Isaac N. Pierce, John Baker, Elijah Eddington, Mr. Keck, Benjamin F. Cavins, George W. Throop and Franklin P. Stark were admitted to practice. At the October election,1858, Solomon Claypool was elected Judge of the Circuit Court, and held the office for six years. I. N. Pierce was elected Prosecuting Attorney and held the office for two years. George W. Throop was elected District Attorney for two years. Mr. Throop was born and grew up to manhood in Greene County. He was a young man of great brilliancy and promise. He was a son of H. H. Throop,a member of the bar, and married a daughter of H. L. Livingston, who had been a member of the bar. He removed to Greencastle, Ind., in 1861, and entered upon the practice of his profession, and died in November, 1862, not having yet attained the high noon of life.
In 1859, Samuel H. Buskirk held court at the April term of the Citcult Court, under appointment from Judge Claypool. At the October term, William M. Franklin acted as Special Prosecuting Attorney. During the year, William B. Squire, Henry C. Owen, John T. Smith, William C. Andrews, William J. McIntosh, Nathan Kimball, William Blackburn, John Masters,James Jackson and Joseph W. Briggs were admitted to practice.
At the October election, 1859, John I. Milani was elected Clerk. In, 1860, no change was made in the officers of the court, except that John I. Milam had entered upon his term as Clerk. J. S. S. Hunter, Newton Crook, Elihu E. Rose, A. J. Axtell, John N. Drake, John Blackburn and Harry Burns were admitted to practice. At the October election, Willis G. Neff was elected Prosecuting Attorney; Harry Burns, District Attorney; John D. Killian, Sheriff—each for the term of two years. No change occurred in the officers of the court until after the election in 1862. In 1861, Jacob S.
Broadwell, Samuel W. Bonnell, John B. Hanna and William S. Bays were admitted to practice. In 1862, Robert R. Taylor, John R. Isenhower, Thomas Taylor, Thomas R. Cobb and Erasmus Glick were admitted to practice. At the October election, Willis G. Neff was re-elected Prosecuting Attorney, Samuel W. Curtis was elected District Attorney, and John D. Killian was re-elected Sheriff. In 1863, Judge James A. Scott held court at the April term, under appointment of Judge Claypool. James It, Baxter was admitted to practice. In 1864, David Hheeks held court at the October term under appointment. W. H. DeWolfe, N. A. Itainbolt, F. H. Viehe, S. H. Taylor, John M. McCoy, J. H. Louden, B. F. Havens, J. A. Gormley and James P. Rankin were admitted to practice. On the '7th day of March, 1864, Samuel R. Cavins, a member of the bar, died. He had been intimately connected with the courts as Associate Judge, Clerk and Attorney from 1829, a period of thirty-five years. He made more records than any other man in the county, and all of his business was done well. He was never defeated at an election, although in office over twenty-five years, and in a county where his party was in a minority. At the October election,1864, Delana R. Eckels was elected Judge of the Circuit Court, and held the office for six years. Michael Malott was elected Prosecuting Attorney. William M. Franklin was elected Judge of the Common Pleas Court; Patrick Haney was elected District Attorney; William G. Moss, Sheriff.

THE BENNETT-PATTERSON SLANDER SUIT.

The records of the courts for the years 1863 and 1864 bear some evidence of the strife that was then sweeping over the country like a besom of destruction. One of the most noted cases growing out of the animosities and recriminations of war times, was an action for slander brought by John K. Bennett against Thomas Patterson. The charge against Mr. Patterson was that he had called Mr. Bennett a traitor. In the beginning of the action J. M. Humphreys and J. R. Isenhower were Attorneys for plaintiff, and William Mack and S. R. Cavins, for defendant. Before the case finally terminated, David Sheeks appeared as Associate Counsel for plaintiff, and E. E. Rose and E. H. C. Cavins as attorneys for defendant. A large number of witnesses were in attendance on each side from court to court, until at the October term, 1864, the case was dismissed without a trial. Asa Blankenship, a disabled soldier on furlough, was indicted for murder at the April term, 1864. The difficulty which resulted in the killing grew out of the deceased hallooing hurrah for Jeff Davis. Mr. Blankenship never returned to the State after being discharged from the army, and was therefore never put upon his trial. Many other minor difficulties, and several law-suits grew out of the troublous times. All of the Judges of that period discouraged that class of litigation. At the April term, 1865, Delana R. Eckels appeared for the first time as Judge of the Circuit Court.On the first day of the term, the follow- ing proceedings were had, and spread of record:

DEATH OF PRESIDENT LINCOLN.

At the suggestion of the Hon. Delana R. Eckels, Judge of the Sixth Judicial Circuit of the State of Indiana, a meeting of the members of the Bloomfield bar and attorneys attending court was held at the court house in Bloomfield on the 17th day of April, A. D. 1865, at which the following proceedings were had: On the motion of Hon. D. W. Voorhees, Elihu E. Rose was called to the chair, and J. R. Isenhower ap. pointed Secretary. On motion of J. M. Humphreys, a committee of three was appointed to draft resolutions expressive of the sense of the bar upon the assassination of Abraham Lincoln, President of the United States. The chair appointed J. M. Humphreys, E. H. C. Cavins and J. P. Rankin said committee. The committee submitted the following resolutions, which, on motion of Michael Malott, were unanimously adopted, viz.:" Resolved, That the members of this bar have heard of the atrocious assassination of the President of the United States, and of the attempted assassination of members of his Cabinet, on the 14th day of April, 1865, with feelings of the profoundest grief for the melancholy and fatal result.
" Resolved, That we view with apprehension and alarm the condition of the country, when the person of the Chief Magistrate is no longer secure from the lawless assault of murderous violence." Resolved, That in the death of Abraham Lincoln at the present juncture of our affairs, we recognize a great and overwhelming national calamity, from the evils of which we humbly implore Divine Providence to protect the nation and the people." Resolved, That as a tribute to the memory of the deceased President, and as an expression of our sense of the terrible affliction which has befalleu the nation, we ask that these resolutions be made a part of the records of this court." On motion of Hon. D. W. Voorhees, the meeting adjourned to meet at the court house in special session at 7 o'clock P. M.

" ELIHU E. ROSE, Chairman.

" J. R. ISENHOWER, Secretary.

"Court met at 7 o'clock P. M., pursuant to adjournment.

" And now comes E. E. Rose and moves the adoption of said resolutions by the court, and addressed the court in favor of said motion. And Hon. D. W. Voorhees seconded said motion and urged their adoption, and thereupon the court fully approved said resolutions, and ordered that the proceedings of the bar and Said resolutions be spread of record among the orders of the court, and that, through respect for the memory of the deceased, that the court adjourn."

SESSIONS OF COURT AFTER THE WAR.

At the October term, Solon Turman acted as Judge, under appointment of Judge Eckels. Patrick Haney, District Attorney, seldom attended court in Greene County, and his office was filled by Deputy James P. Rankin the first year, and Harry Burnes the second year. In the year 1865, Michael Malott, Joseph W. Wolfe and Madison Evans were ad milled to practice. Mr. Evans was a very brilliant young man and of great promise. He afterward met with a violent death at his home in Bedford On the 4th day of May, 1865, Henry C. Hill, a member of the bar, died after a lingering sickness of over a year. He was a first-class lawyer for a man of his age, and before his last sickness had a large and
lucrative practice. He was for several years law partner of William Mack. If he had lived he would certainly have achieved great success in his profession. On the 22d day of July, 1865, John J. Milam, Clerk of the courts, departed this life. He had been in the Clerk's office as Deputy or Clerk from the time he was eighteen years old. He was a remarkably efficient officer, a good business man, a prominent leader in his party, and very popular with the people. He had been elected Clerk twice in succession. Francis M. Hatfield was appointed to fill the vacancy, and appeared as Clerk at the October term. At the October election in 1805, Col. John T. Smith was elected Clerk, and served for four years. He had just returned from the army, in which he had served with great gallantry in a regiment that made its record for gallantry in blood, and he swept the county like a tornado, and was elected by a majority that astounded his political friends. He declined a re-election, and moved upon a farm, but soon after moved to Clay County, where he now resides. In 1866, the officers remained unchanged until after the October election. This was MichaerMalott's last year as an officer of the court in Greene County. He was an able and efficient officer, and one of a long line of brilliant Prosecuting Attorneys of this circuit, extending before and after him. He has since departed this life. During the year, John Hanna, Calvin Taylor, John P. Baird and G. D. Grismore were admitted to practice. Samuel Hammil was admitted this year or at some prior year. John Hanna had been District Attorney of the United States, and was afterward Member of Congress, and has since died comparatively early in life. John P. Baird was as able a lawyer as the State produced. He served in the army as Colonel. Soon after this admission at our bar, he became insane and never recovered. He died in the insane hospital.

COURT PROCEEDINGS.

At the October election in 1866, John S. Broadwell was elected Prosecuting Attorney; John C. Robinson, District Attorney; and Francis M. Dugger, Sheriff. In 1867, Solon Turman held court under appointment of Judge Eckels. In the Common Pleas Court, John C. Robinson appointed J. R. Isenhower to prosecute at the first term, and Robert R. Taylor was appointed general deputy; but the deputies did not have much to do, as Mr. Robinson attended court more regularly than District Attorneys usually attended. During the year, John D. Alexander ("the auburn-haired child of destiny"), Moses F. Dunn and Elias Edwards were admitted to practice. Soon after Mr. Broadwell's term of office expired, he departed this life. He was a very brilliant young man, and by his courtesy and gentlemanly bearing in his profession, drew to him an unusual number of earnest admirers. But he was called away in the bright early morning of life, bearly catching a glimpse of the noontide of distinction which seemingly awaited him. In 1868, George B. Leavitt, James S. Culbertson and W. Ray Gardner were admitted to practice. At the October election in 1868, John C., Robinson was elected Prosecuting Attorney for the Circuit Court; Harry Burns, Judge of the Common Pleas Court; C. C. Matson, District Attorney; and F. M. Dugger was re-elected Sheriff. In 1869, no change occurred in the officers of the court. 0. W. Shryer, W. I. Baker, D. W. Solliday, Cyrus F. McNutt, James B. Mulky, James Rogers, Lucian Shaw and J. H. Swear were admitted to practice. At the April term, Cyrus McNutt and John D. Alexander were appointed to prosecute State cases for the term. Oscar W. Shryer, W. I. Baker and D. W. Solliday located appointed by the court to defend Patrick Bran- non. W. Baker located at Bloomfield, and after practicing his profession for several years successfully moved West. He was a member of the firm of Isenhower & Baker, and still later of the firm of Baker & Shaw. 0. W. Shryer started out into the practice very successfully, but soon retired from the practice to enter into the more lucrative business of banking. D. W. Solliday was doing a successful business, but moved to New Albany, and from there out West. Lucien Shaw continued the practice at Bloomfield with great success until 1883, when he removed to California. In 1870, W. W. Carter, W. E. Dittemore, G. W. Bartholomew and George W. Friedley were admitted to practice.

MURDER OF JACOB SICKER.

At the April term, 1870, John Rose was tried on a charge of murder. The person killed was Jacob Sicker. The killing grew out of a family feud. The defendant was a young man not much past twenty-one years of ago, and the deceased was quite an old man. The first difficulty in the family was between Mrs. Rose, the mother of John, and Mr. Sicker, who was her uncle. John came into the difficulty as be thought to redress an insult to his mother. This family was not related to the family of Capt. Rose, at Bloomfield. The case was prosecuted with great vigor and vehemence by John C. Robinson, Prosecuting Attorney, and Cyrus F. McNutt. The defense was conducted by E. E. Rose, E. H. C. Cavins and J. R. Isenhower. The main object of defendant's attorneys was to save the defendant's life, and reduce the expected verdict to manslaughter. The jury found the defendant guilty of murder in the second degree, and fixed his punishment at a lifetime imprisonment. Afterward the Judge, Prosecuting Attorney, most of the jury and officers of the county, and a large number of citizens, petitioned for his pardon, which was finally granted by the Governor. At the October election in 1870, William M. Franklin was elected Judge of the Circuit Court for six years. John C. Robinson was reelected Prosecuting Attorney; C. C. Matson, elected District Attorney; David S. Whitaker, Clerk; and Henry S. Slinkard, Sheriff. Mr. Whitaker had been the Deputy of John T. Smith, and he appointed A. J. Whitaker and George Weatherwax, as his Deputies. Mr. Slinkard appointed Daniel M. Bynum as his Deputy.In 1871, I.Triah Coulson, John S. Bays, John IL Buskirk, Mr. Aydelbtte, W. D. Bynum, George W. Buff and Frank Wilson were admitted to practice. John S. Bays was born in Greene County, and is a son of
William S. Bays, who was a leading citizen of the county. He commenced the practice at Worthington; afterward moved to Bloomfield and formed a partnership with James R. Baxter. In 1882, he formed a partnership with Lucian Shaw, with whom he practiced until the latter part of 1883, when they left a large practice and moved to California.

THE CAR'S LAND SUITS.

In 1821, Simon Canis, Sr., entered several tracts of land in Greece County, and soon after some of his children occupied a part of the lands. The lands were finally abandoned, and they were sold for taxes and other parties took possession of them. In 1872, more than fifty years after the entry, Simon Caris, Jr., and ninety other heirs of Simon Caris, Sr., living in several different States, commenced several actions for the recovery of these lands. They succeeded in recovering all except eighty acres.During this year, 1872, Willis G. Neff, Benjamin F. East, Ephraim Mosier, Benjamin Henderson, W. F. Gallimore and S. M. McGregor, were admitted to practice. At the October election, 1872, C. C. Mataon
was elected Prosecuting Attorney. Harry Barnes, Judge of the Common Pleas Court; Samuel M. McGregor, District Attorney; and F. M. bugger, Sheriff. Mr. Dugger appointed Thomas Lamb his Deputy at his first term of office, and at each succeeding term while be was in office. In 1873, the county in which C. C. Matson resided, being legislated out of the circuit that Greene County was a part of, at a special election in October A. M. Cunning was elected Prosecuting Attorney. The January term, 1873, was the last term of the Common Pleas Court, the same having been abolished by the Legislature. F. 0. Wadsworth and A. M. Cunning were admitted to practice this year.
In 1874, and following years, there were four terms of the Circuit. Court each year. William M. Franklin continued as Judge, and A. M. Cunning, Prosecuting Attorney. William Wines, Emerson Short and Samuel W. Axtell were admitted to practice. At the October election this year, A. M. Cunning was re-elected Prosecuting Attorney. David S, Whitaker re-elected Clerk, and F. M. Dagger was re-elected Sheriff, it being his fourth term. The Clerk and Sheriff continued to avail themselves of the services of their efficient deputies. In 1875, J. S. Dean, P. H. Blue, W. S. Shirley, William Eckels, William H. Burke and ram Teter were admitted to practice.

THE HARDIN MURDER CASE.

At the March term of this year, the grand jury returned an indict. meat against John Huey, charging him with the murder of Elihu liar. din, on the 30th day of December, 1874, by shooting him with a gun. A. M. Cunning, John D. Alexander and H. W. Letsinger prosecuted the case, and E. E. Rose and Emerson Short appeared as attorneys for the defense. The alleged murder occurred at Lyons, and grew out of an old quarrel, both parties being under the influence of intoxicating liquor. The defendant was not arrested for several years, he having fled the county, and was not tried until the January term, 1877. The case was tried with ability on both sides, and the jury failed to agree, and were discharged. The Prosecuting Attorney then entered a nolle as to the charge of murder, and the defendant pleaded guilty to manslaughter, and was sentenced to the State's Prison for twenty years: In 1876, Elijah Moss, H. W. Letsinger and W. Waggoner were admitted to practice. At the October election this year, John C. Robinson was elected Judge for six years; Samuel O. Pickens was elected Prosecuting Attorney, and Daniel M. Bynum was elected Sheriff. Mr. Bynum had been the Deputy of Henry S. Slinkard while he was Sheriff. Mr. Bynum appointed J. H. B. O'Neall and Joseph J. Sexson as his Deputies.
In 1877, Wesley Coffey, William S. Greene, Edwin L. Webber, Charles G. Me.Cord, Daniel A. Sherwood, Aquilla Jones, Robert G. Evans and John C. Briggs were admitted. Mr. Webber never entered regularly into the practice in Indiana, although he resided at Worthington a few years. William S. Greene located in Bloomfield in 1882, but moved , West in 1883. In 18'78, William L. Cavins, Thomas H. Chapman, W. A. Massie and George W. Oshon were admitted to practice. Thomas H. Chapman was a law student, and never entered into the practice. He was a close student, and gave his whole time and energy to study. Had he lived, he would have become very learned in the law. It was predicted of him while he was a student that he would make an Abe Lincoln of a lawyer, but the hopes of his boyhood years were closed by an early and untimely death.
At the October election, 1878, S. O. Pickens was re-elected Prosecuting Attorney; John F. Slinkard
Clerk, and D. M. Bynum re-elected Sheriff A. 3. Whitaker was continued as Deputy Clerk for the first six months. and T. T. Pringle was also appointed Deputy. After the retirement of Mr. Whitaker, George Calvert was also appointed a Deputy Clerk and continued during Mr. Slinkard's term of office. Mr. Bynum continued his Deputies. Ir. 1882, Mr. T. T. Pringle was appointed Master Commissioner, and discharged the duties with great skill and ability, but voluntarily retired from the office to enter the store of T. D. Huff, as clerk. In 1879, George P. Stone was admitted to practice. In 1880, Edwin C. Hartsell, James H. Hanna, Gilbert Hendren. William B. McKee and H. J. Hostetter were admitted to practice. At the October election this year, John D. Alexander was elected Prosecuting Attorney and Joseph J. Sexson was elected Sheriff. Mr. Sexson continued J. H. B. O'Neall as Deputy Sheriff. This year another local member of the bar was called away by death. William H. Burke died on the 30th day of November, 1880. He had been living in the county only a little over three years, but had endeared himself to the members of the bar and the people by his uniform courtesy and upright conduct.
In 1881, Joseph Phillips, John Downey, Arnold J. Padgett, John W. Ogden, John R. East, Theodore Pringle and John Wilhelm were admitted to practice. The Legislature that met in 1881 changed the law in regard to the manner of selecting juries, and required the appointment by the Judge of two Jury Commissioners, one 'from each of the two political parties that polled the largest vote in the county. At the June term, 1881, Judge Robinson appointed John 0. Burbank and Daniel M. Bynum. At the November term, 1872, Mr. Bynum retired from the position, and Daniel B. Hatfield was appointed to fill the vacancy. In the year 1882, it seems that no attorneys were admitted to practice in Greene County. At the October election this year, A. M. Cunning' was elected Judge; J. D. Alexander was re-elected Prosecuting Attorney; Henry 'Gastineau elected Clerk; and Evan A. Bonham, Sheriff. Mr. Gastineau continued George Calvert as a Deputy, but ho soon went into the Treasurer's office as Deputy. George B. Leavitt was appointed a Deputy, but he preferred the duties of his farm and soon retired. George R. Weatherwax, the efficient Deputy Clerk of D. S. Whitaker, discharged the duties of Deputy for awhile, but his health failed him and he retired. Finally, D. S. Whitaker and Horace V. Fields became the permanent Deputies of Mr. Gastineau. Evan A. Bonham appointed as his principal Deputy, Thomas Maddnx,who brought with him considerable experience in that office. The Legislature of 1882 changed the circuit so as to make a circuit. of Sullivan and Greene Counties! At the first term of court after the charm) was made, the Bloomfield bar, in a body, made a charge on Sullivan. and were received with "the pomp and circumstance" of great hospitality, and entertained and banqueted with great eclat by the Sullivan bar during their entire visit. The Sullivan bar in return came in a body at the opening of the first term in Greene County, and in like manner were entertained by the Blooinfield bar. At the June term, 1883, George W. Buff appeared as Judge of the court.
This year, another member of the bar was called away by death. Edwin R. Hartsell died in the month of October, 1883. He was a young man just entering into the practice of his chosen profession. Among the older people he was kind and courteous. Among the young, who were his associates, he was genial talented, and a great favorite. In the bright morn of life, when the 'future was decked with sparkling hopes and golden tints, he was suddenly called from one bar to a Bar where Judge and Advocate never err. During the year, William A. Hultz, William H. Burke, Jr., Charles E. Barrett, John T. Beazley, James A. Eaton, John T. Hays, Arthur A. Holmes, Augustus L. Mason, John T. Wolf, F. P. Jarrell, Jesse F. Raper, T. H. Palmer, J. E. Shipman, F. L. Buskirk, W. R. Cullep, William W. Moffitt, Theodore Menges. At this writing, Judge Buff and the officers last elected and their efficient deputies, with the assistance of the clever and efficient Court Bailiff, Henry T. Skinner, and the attorneys and an occasional jury, the court is run. It holds four terms a year, and usually five weeks per term.The members of the bar now residing in the county are A. G. Cavins, E. H. C. Cavins, E. E. Rose, Emerson Short, Robert R. Taylor, John D. Alexander, H. W. Letsinger, W. L. Cavins, G. P. Stout, Theodore Menges, W.. C. Moffit, S. W. Axtell, J. R. Baxter, W. F. Gallimore, Frederick Buskirk, J. R. Isenhower, Joseph Phillips, W. D. Ellis, A. S. Helms, George Stone, S. D. Alexander, T. Edwards, Jesse Raper, F. P. Jarrell, G. H. Hendren, Elijah Moss, R. C. Hilburn, H. C. Owen, J. M. Boord.
 

 Bookmark This Page

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

Visit our Book Store for More Indiana Reading!! 

  Last Updated 07/04/07 08:24:23 AM -0700