Greene County IN Archives History - Books .....Chapter VII 1884
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Book Title: History Of Greene And Sullivan Counties, Indiana

CHAPTER VII.
BY COL. E. H. C. CAVISS.

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 INOTES- THE
BENNETT-PATTERSON SLANDER SUIT- OTHER CRIMINAL ACTS- MEMORIAL RESOLUTIONS ON THE
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 had
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, 1853, 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 Plea's 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 largo 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, Ind., 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. McClarren brought an action against Alva
Dill, charging that the defendant had sold intoxicating liquor to one James
Beden, until Beden became so 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 Bloom field. 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 waluut, 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 Washington street in Bloomfield.
Meuse was a physician who had recently located at Bloomfield. Rainwater was a
young man—a day laborer—who had 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 moments 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 Flinn 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 and other counties since 1826, and was an
able and distinguished lawyer in all of its branches, but excelled as a great
criminal lawyer.

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 [sic] 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 Mr. 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 Housten 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 Circuit 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. Milam 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 R. Baxter was admitted to practice. In
1864, David Sheeks held court at the October term under appointment. W. H.
DeWolfe, N. A. Rainbolt, 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 following
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.
B. Isenhower appointed 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 befallen 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. B. ISENHOWER, Secretary.

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

   " And now comes E. E. Bose 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 admitted 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
1865, 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 Michael Malott'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. O. W. Shryer, W. I.
Baker, D. W. Solliday, Cyrus F. McNutt, James B. Mulky, James Rogers, Lucian
Shaw and J. H. Swaar 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 were appointed by the court to
defend Patrick Brannon. W. I. 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. O. 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 age, 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 he 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, Uriah Coulson. John S. Bays, John H. Buskirk, Mr. Aydelotte, 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 CARIS LAND SUITS.

   In 1821, Simon Caris, Sr., entered several tracts of land in Greene 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. Matson was elected Prosecuting
Attorney. Harry Burnes, Judge of the Common Pleas Court; Samuel M. McGregor,
District Attorney; and F. M. Dugger, Sheriff. Mr. Dugger appointed Thomas Lamb
his Deputy at his first term of office, and at each succeeding term while he 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. O. 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. Dugger 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 Hiram
Teter were admitted to practice.

THE HARDIN MURDER CASE.

   At the March term of this year, the grand jury returned an indictment against
John Huey, charging him with the murder of Elihu Hardin, 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.
McCord, 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 1878, William L. Cavins, Thomas H. Chapman, W. A. Massie and George W.
Osbon 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. J.
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. In 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 O. 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 he 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 Maddux, who brought with him considerable experience in that
office. The Legislature of 1882 changed the circuit so as t«j make a circuit of
Sullivan and Greene Counties. At the first term of court after the change 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 Bloomfield 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. Ra-per, 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. Mofiit, 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.



Additional Comments:
Extracted from:

HISTORY OF GREENE AND SULLIVAN COUNTIES,
STATE OF INDIANA,
FROM THE EARLIEST TIME TO THE PRESENT; TOGETHER WITH INTERESTING BIOGRAPHICAL
SKETCHES, REMINISCENCES, NOTES, ETC.

ILLUSTRATED.

CHICAGO: GOODSPEED BROS. & CO., PUBLISHERS.
1884.

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