Fountain County IN Archives History - Books .....Courts 1881
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Joy Fisher sdgenweb@yahoo.com August 23, 2006, 11:03 pm

Book Title: History Of Fountain County

COURTS.

   The act creating the county provided that the circuit court should be held at
the house of Robert Hetfield, until suitable public buildings could be erected.
Accordingly, on the 14th day of July, 1826, at the Jiouse of Robert Hetfield,
near where Strader's station, on the Chicago and Block Coal railroad, now is,
the first court in the county was held. The court was convened and held by Evan
Hinton and Lucas Nebeker, associate judges. Neither of these gentlemen were
lawyers, nor was it required under the old system that the associate judges
should be lawyers. Both were men of ability and good judgment, and afterward
served the people of the county in more than one public ofiice. The only
business done at this term was to appoint Daniel Rodgers clerk, who at once
qualified and gave bond, with Isaac Colman and Jonathan Birch as his sureties.

   The September term, 1826, was held at the same place, with Hon. John R.
Porter, president-judge, and Lucas Nebeker and Evan Hinton, associate judges, on
the bench. This term continued but one day; no eases were tried. The
recognizance bond of Frederick Wachtel and Archibald Coons was forfeited, and
Hiram Farmer and John Wood were put under bonds for their appearance before the
grand jury at the next term, as witnesses. John Law, Thomas H. Blake, Joseph Van
Mater, John B. Chapman, Andrew Ingram and James Farrington were admitted to
practice as attorneys and counsellors at law.

   The only case on the docket was that of Luther Tillotton v. William B. Lamb
and William Kent, and this was continued.

   At the April term, 1827, the grand jurors drawn in September before were
discharged, because not drawn according to law, and they were generously allowed
fifty cents each for their attendance. The court met at the house of Robert
Hetfield, and adjourned on the same day, to meet for the next term at "the town
of Covington."

   The September term, 1827, was held at the court-house in Covington. This term
lasted two days, and in its proceedings are found the first petition for a
divorce ever filed in the county. The cause is entitled "Eliz. Barnes v. John
Barnes," and the defendant being a non-resident, notice was ordered by
publication in the "Western Register," of Terre Haute.

   Ignatius Morris was enriched by an allowance of $2 for his services as
bailiff to the grand jury, and John Cox in the same amount for services as
bailiff to the petit jury.

   At the April term, 1828, Edward A. Hannegan and Daniel Rodgers were admitted
to the bar of the county.

   On the docket of this term there were several cases, nearly all of which were
for assault and battery and like offenses.

   At the March term, 1830, the first indictment for murder was returned. The
title of the cause was "The State of Indiana v. John Richardson." The grand
jurors who found the indictment were William Cochran, Samuel Trullinger,
Alexander Logan, Benjamin Wade, Jacob Bever, Robert Miller, David Sewell, Jesse
Osborn, Caleb Abernathy, James Stewart, Stephen Harper, Samuel Garver, Conrad
Walters, John Ralston and Bennet Seibird. Edward A. Hannegan was the prosecuting
attorney. The defendant was arraigned, and put in a plea of not guilty on the
same day the indictment was returned. On the next day an affidavit for a
continuance was made by Daniel Richardson, the father of the defendant, which
was sustained, and an order was made for the confinement of the defendant in the
Vigo county jail until the next term. The case came on for trial at the
September term, 1830, before Hon. John R. Porter, president-judge, and associate
judges Nebeker and Hinton. The jurors were John Miller, Joshua Sherrill, John
Orr, Henry Campbell, John Helms, Asa Smith, Elijah Ferguson, Rhodes Smith,
Abraham Gabriel, James Snow, Job Orrahood and Hiram Funk.

   The jury returned a verdict of guilty on the third day of the term, in this
language:

   "This jury has found a verdict of guilty. John Miller, foreman." On the
following day the record says: "The counsel for the prisoner moved the court for
a new trial, which, being submitted without argument, was overruled. Therefore
it is considered by the court that the prisoner at the bar be removed to the
custody of the keeper of the jail of Fountain county, there to remain until the
twelfth day of next November, and that upon that day, between the hours of
twelve and two, the sheriff of said county shall take the said John Richardson
from thence to the place of public execution, and there hang him by the neck
until he be dead, dead, dead.        Signed,
   "September 30, 1830.                 JOHN R. PORTER."

   And on the twelfth day of November, 1830, John Richardson expiated his
supposed crime upon the gallows, erected near the place where the Crawfordsville
road, leading from Covington, crosses the Indiana, Bloomington & Western railway
track. How fallible are thy judgments, O man! John Richardson tried to-day. in
the light of our improved knowledge, would be acquitted of all intentional
crime, and, instead of receiving the condemnation of the law, would be the
subject of its tender care, as one with reason overthrown. Yet we cannot censure
those who judged him; they were conscientious, and were doubtless guided .by the
law as it was then understood. They did their duty as they understood it, and if
they committed a mistake, they did no more than men have done in all ages in the
most momentous affairs.

   It has been said that associate judge Nebeker was in favor of granting a new
trial in the cause, but the record does not disclose the fact.

   It is not possible to follow the proceedings of the court through its various
terms until this time. To indicate the growth of the business, it will suffice
to say that all the proceedings up to September, 1834, are recorded in 444 pages
of an ordinary sized order-book, while the proceedings of two terms require more
space than that now.


Additional Comments:
Extracted from:

HISTORY OF FOUNTAIN COUNTY,

TOGETHER WITH
HISTORIC NOTES ON THE WABASH VALLEY,

GLEANED FROM EARLY AUTHORS, OLD MAPS AND MANUSCRIPTS
PRIVATE AND OFFICIAL CORRESPONDENCE, AND OTHER AUTHENTIC, THOUGH, FOR THE MOST
PART, OUT-OF-THE-WAY SOURCES.

BY H. W. BECKWITH,
OF THE DANVILLE BAR; CORRESPONDING MEMBER OF THE HISTORICAL SOCIETIES OF
WISCONSIN AND CHICAGO.

WITH MAP AND ILLUSTRATIONS.

CHICAGO: H. H. HILL AND N. IDDINGS, PUBLISHERS.
1881.


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