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

CHAPTER VI.

BY SEWELL COULSON, ESQ.

HISTORY OF THE BENCH AND BAR—DESTRUCTION OF THE COUNTY RECORDS —FIRST TERM OF
CIRCUIT COURT—LOST DOCUMENTS, How SUPPLIED—-REMINISCENCES—OTHER SESSIONS OF
COURT—JUDGE ECKLES—THE OLD JAIL—FIRST COURT UNDER THE NEW CONSTITUTION—WOOLY VS.
WOOLY—JOHN DOE VS. RICHARD ROE—THE MURDER OF UNDERWOOD— THE UNDERWOOD MURDER
CONTINUED—TODD'S EXECUTION.

THE court house in Sullivan was destroyed by fire on the night of the 7th of
January, 1850. The building was an isolated two-story frame house, situated on
the northeast corner of Washington and Court streets, where Solomon Goodman's
clothing store is now located. The lower or ground floor was used for county
offices, and the second floor for a court room. With the court house, all the
records of the courts, Recorder's office, Treasurer's office and Auditor's
office were also destroyed. All matters adjudicated prior to that date, except
where transcripts had been made, decreetal orders and executions issued and
preserved from the devouring names, rested alone in the memory of man, and could
no longer be pleaded and proven as matters appearing of record, but as matters
that had been of record and the record thereof accidentally destroyed. As every
one can see, the few minutes required by the flames to reduce to ashes the
entire proceedings of the courts of the county opened many titles to
impeachment, and many disputed causes to a reinvestigation that long before had
been legal]y adjudicated. Few calamities more dire can happen a community than
the destruction of its records. The proceedings both of the Circuit and Probate
Courts, covering a period of thirty-three years, and involving the titles, as we
may reasonably suppose, to a vast amount of lands sold, and decreetal orders,
executions, executors', administrators' and guardians' sales, were at once swept
away. The accounts between the officers and the State and county were in a
moment obliterated, and left naught but ashes to testify how the account stood.
The State could lose nothing, as she kept her own books and accounts; the people
of the county were not so fortunate, however. The records of the Auditor's
office, where the accounts with the people were kept, were all destroyed.
Scholars unite in the belief that the civilized world has never recovered from
the loss occasioned by the destruction of the Bruchion Library, of Alexandria.
It, however, affected the literary world alone.

   For aught we now know, the Alexandrian Library may have been entirely made up
of the Ancient Sutras,the Braminical Vedas, and the philosophical dissertations
of Anchorites, or the dogmas of Califs; but be that as it may, the curiosity of
the scholastic world to know the books and their contents contained in that
library, is by no means satisfied with a supposition that that vast collection
of books contained only idolatrous poems and songs, and taught, an impossible
philosophy and a cruel religion. While our public records were not a library,
neither were it, as we may well suppose, a storehouse of the learning of ages
past, yet these records had an intrinsic as well as a historic value that will
be felt for time yet to come. The statute of limitation, justly entitled a
statute of repose, has now about bridged the vacancy, yet the freeholder never
feels so well satisfied with a missing link in his title as he does when he can
trace it back through every transfer to the Government. In Sullivan County, a
clear line of descent in the title to real estate is more admired, and sought
after with greater avidity by the owner or purchaser than is a connection by
descent from a great or noble family. The ownership in fee simple in lands
elevates the holder to the high standard of a freeholder and lord paramount of
the fee, while family relationship attaches him by affinity or consanguinity to
that which is often a hollow title annexed to a degraded subject.

THE FIRST TERM OF CIRCUIT COURT.

   The first term of the Circuit Court held after the burning of the court house
convened on the 4th day of March, 1850, Hon. John Law President Judge, and Isaac
Shannon and Justice Davis, Associates, presiding. Henry K. Wilson was Clerk, and
Henry Dooly, Sheriff, both of whom are now (1884) dead. The first entry made at
this term, and which is in the following words: "The court house in said county,
having been destroyed by fire [February 7, 1850], it is ordered by the court
that the present term thereof be held in the Methodist Church in the said town
of Sullivan." The original record, except the words and figures included in
brackets, which have since been interpolated, is in the handwriting of Henry K.
Wilson, the then Clerk. Thomas Marks discharged the duties of Prosecuting
Attorney during the term. A grand jury, composed of the following-named persons,
was empaneled: Samuel Mason, Anthony Mason, Hardy Hill, George B. Wilkins, Henry
Nyman, Washington Ladshaw, John Maxwell, Alexander Shields, John A. Cummins,
Peter South, James L. Johnson, James M. Sanford, William McKee, Preston Nash and
John Y. Dodd—in all fifteen men. William McKee was appointed foreman. The only
attorneys whose names appear of record during the term are Joseph W. Briggs,
Thomas Marks and Samuel B. Gookins. Four convictions were had in criminal
causes, and nineteen judgments and decrees were rendered in civil actions. The
grand jury returned thirteen indictments, as follows: Six for gaming, one for
obtaining goods under false pretense, two grand larceny and one for perjury and
one for riot. Only one civil cause was tried by a jury, and one by the court; in
the remainder, judgments were taken by default or decrees pro confesso. The
principal suits of the term were prosecuted against Freborn Garritson, late
Sheriff of the county, and his sureties on his official bond, in which two
judgments were rendered, one in favor of the county and one in favor of Peyton
A. Key.

LOST DOCUMENTS SUPPLIED.

   In many of the civil causes, the destroyed papers were supplied on affidavit
on motion, which was undoubtedly correct practice. Mr. Gookins, at this term,
however, introduced a practice for supplying lost and destroyed records, which
it seems was adopted by the court, and which, if persisted in, might become
alarmingly dangerous. That was the restoration of a record by a nunc pro tunc
entry, based entirely upon the affidavit of the party, or his attorney, and
without any court memoranda whatever indicating what order had been taken in the
cause; and this, too, without notice, so far as appears of record to the
opposite party. It might possibly be justified by the necessity and emergency of
the occasion, to which all rules and forms of law are sometimes compelled to
surrender; or mother and more recent parlance, it may have been a "war measure,"
but the precedent is neither a safe or discreet one to follow.

THE SECOND TERM

   Between the March term and September term, 1850, of the Sullivan Circuit
Court, Hon. John Law, who, for a number of years previous thereto, had been the
President Judge of the Seventh Judicial Circuit, resigned, and on the 27th of
July, 1850, His Excellency. Joseph A. Wright, then Governor of the State of
Indiana, appointed and commissioned the Hon. Samuel B. Gookins, of Terre Haute,
to fill the vacancy. He filled the office till the meeting of the Legislature in
the following winter, when a Judge was elected by that body. The September term
of the Circuit Court was held by Judge Gookins as President; Isaac Shannon and
Justice C. Davis as Associate Judges. The term continued five days. The grand
jury, which at this term was composed of sixteen members, returned twenty-two
indictments, as follows: Two for grand larceny; one for burglary; one for having
counterfeiting implements; one for assault and battery with intent to commit
murder; four for retailing; one for riot; ten for unlawful gaming; one for
seduction and one for official neglect. There were seven convicted in criminal
causes, and ten final judgments and decrees rendered in civil causes. The
Circuit Court at this term appointed James H. Hinkle, Joseph W. Briggs and James
Crawford School Examiners. Joseph W. Briggs served as Prosecuting Attorney by
appointment during the term. Hiram S. Hanchett and Aden G. Cavins were admitted
to practice as attorneys and counselors at law. Mr. Hanchett had previously
prepared himself for the practice of the law by a regular course of reading in
the office of the Rousseau Brothers, at Bloomfield, and on his admission to the
bar, which at this time required an examination, he located in Sullivan, he and
Dr. John J. Thompson occupying the same office; and in connection with the
practice of law and medicine, they carried on a tailor shop on a small scale.

PERSONAL NOTES.

   Mr. Hanchett removed from Sullivan to Woodstock, Ill., in 1857, where he
continued the practice of the law till 1863. He assisted in raising the
Sixteenth Illinois Cavalry, and was commissioned Captain of one of the companies
in that regiment. He acted as Judge Advocate in some military court martials at
Springfield, Ill., and was also detailed to and served on Gen. Stoneman's staff.
He and his regiment were captured by the rebels near Columbia, Tenn., and he was
taken to Cahaba, Ala., where he and sixty others matured a plan for and made an
ineffectual attempt to escape, but before their plan was fully consummated, it
was discovered and frustrated. Up to this time, his captors supposed that he was
a private soldier belonging to the Union army, but that he was an officer was by
some means discovered about this time. The rebel commandant of the post, Lieut.
Col. Jones, also conceived the idea that Hanchett had originated and matured the
scheme before referred to for escaping, and for that reason took him from the
military prison and confined him in the county jail, where he was ironed and
chained to the wall of his cell. The jailer at first refused to receive Capt.
Hanchett and confine him in jail, and was only induced to do so by threats made
by Lieut. Col. Jones that if he did not receive him he himself should be
imprisoned. Lieut. Col. Jones entertained a strong hatred toward Capt. Hanchett,
and laid plans to have him tried and condemned as a spy. To this end, he caused
charges to be made out against him, which were to have been tried by a military
court martial, of which Jones was a member. The court martial adjourned from
Cahaba to meet at Selma, Ala., and try the case. Before the court had time to
try the case, Gen. Wilson captured Selma, and the court took to its heels. The
news arrived at Cahaba of the capture of Selma on Sunday evening, April 2, 1865.
The Mayor, a Mr. Haywith, and some of the Town Council, assumed command of the
city, and on that evening released the prisoners, except those in the jail—they
were released next morning. The Mayor invited Capt. Hanchett and the other
prisoners to take breakfast with him. While at breakfast, a call was made for
Capt. Hanchett. He and two others went out, but they were informed that Capt.
Hanchett was the only one wanted. He was taken away and taken to Jones' house,
and from there was started, as Jones claimed, for Demopolis, but never arrived
there. Indeed, Capt. Hanchett was never after seen or heard of. It was the
opinion of Mayor Haywith and others that he was murdered within three miles of
Cahaba.

    Mr. Cavins, the other gentleman admitted to the bar at the same time that
Capt. Hanchett was, is still living at Bloomfield, the county seat of Greene
County, and engaged in the practice of the law. He also has seen service. He was
in the war, and commanded the regiment of Indiana Volunteer Infantry as Colonel.
He, however, was more fortunate than Capt. Hanchett. The bloom of age is now
budding upon his locks. Time has touched his hair, and left an imprint upon his
person. He, however, carries his years as though they were days, only assuming
that dignified and graceful appearance that makes age desirable and gray hairs
respectable.

OTHER SESSIONS OF COURT.

    On the 8th day of January, 1851, the General Assembly in joint convention
elected Hon. Delana R. Eckles, President Judge of the Seventh Judicial Circuit
for a term of seven years. His commission bore date January 13, and on the same
day he took the oath of office, which was administered to him by Chilton A.
Darnell, a Notary Public of Putman County. The winter term of the Sullivan
Circuit Court convened in February, 1851, with D. R. Eckles, President, and
Isaac Shannon and Justice C. Davis, Associate Judges, presiding. The grand jury
was composed of fifteen members with Squire McDonald as foreman, and Michael E.
Chase, their bailiff. They returned at this sitting nineteen indictments, mostly
for retailing 6piritous liquors without license. There were thirteen convictions
in criminal causes. Twenty-one judgments and decrees were entered in civil
causes, live of which were divorce cases. The business of the term was
transacted in five day«. Between August the 11th and September the 1st, 1851,
the commission of Hon. Harvey D. Scott as Prosecuting Attorney for the Seventh
Judicial Circuit was placed on record in the order book of the Circuit Court.
The official oath was administered to him by William B. McCord, then Clerk of
the Circuit Court of Knox County. Harvey D. Scott, since that date, has filled
many honorable positions. He has several times represented Vigo County in the
State Legislature, having at different times been elected to both the House of
Representatives and the State Senate. He served one term in the House of
Representatives in the United States Congress, and was elected and served a term
as Treasurer of Vigo County. On the death of C. Y. Patterson, he was appointed
Judge of the Seventeenth Judicial Circuit, and is now holding by election the
office of Circuit Judge for the Forty-third Circuit, composed of Vigo County. In
all of these various positions he has discharged his duties with honesty,
fidelity, and credit to himself and his friends.

   The September term, 1851, of the Circuit Court, convened September 1, with
Hon. D. R. Eckles, President, and Isaac Shannon and Justice C. Davis, Associates
on the bench. At this term of court, Judge Eckles promulgated a series of rules
for the government of parties to action, jurors, witnesses, counsel, and the
court in the transaction of the business, many of which were somewhat unique,
and to be fully comprehended it is essential to know Judge Eckles personally.

JUDGE ECKLES.

   Judge Eckles, as a lawyer, was an exceedingly technical practitioner,
thoroughly versed in the principles of the common law and an excellent special
pleader. When promoted to the bench, he carried with him, and enforced, with an
iron will, the theories advocated by him as counsel at the bar. His stringent
rules may have been salutary, still, considering the paucity of the trial
docket, it would not seem that such were then at ail necessary, except as a show
of order and to impress those in attendance with the dignity of the court and
the solemnity of the proceedings. The grand jury at this term returned nineteen
indictments, mostly for gambling. Seven criminal causes were tried and six
convictions were had; two convictions for felonies, and one acquittal. Fifteen
final judgments and decrees were rendered. The term continued five days, made
thirty-two pages of record, including two pages covered by the rules* of the
court. At the following March term, the grand jury returned forty-six
indictments, mostly for retailing and gambling. There were twelve trials in
criminal cases which resulted in six convictions and six acquittals. Eight
judgments and decrees were entered in civil actions. The court appointed Hiram
S. Hanchett and Henry K. Wilson Masters in Chancery. The grand jury reported the
county jail both unsafe and unhealthy, and suggested some sanitary improvements,
and recommended that a different lock be procured and placed on the outer door.

THE OLD JAIL BUILDING.

   The old jail which was among the earliest foundations in Sullivan, is
certainly entitled to a place in history, and ail the more so as it for a time
was used by the late Hon. H. K. Wilson, the Deputy Clerk of the Circuit Court,
as a residence. The jail, which stood upon the same lot now occupied by the jail
and Sheriff's residence, and then as now was used for both purposes, was a
two-story log building consisting of two, or double walls of logs, ten inches
square, about thirty-two feet long by sixteen feet wide. The south end in the
lower story was intended for the Sheriffs residence. There was one window in the
lower jail part on the east side fronting on Broad street. The upper story had
three windows—one on the east, one on the west, and one on the south. These
openings, which furnished all the light and air that penetrated this ancient
bastile, were about eighteen inches square, and were latticed with double horse
shoe bars of iron riveted together at their crossings, with interstices of two
inches through which light and air could pass. These windows were unadorned with
either sash or glass, but were provided with wooden shutters made of two
thicknesses of two-inch oak plank firmly bolted together and hung on strong iron
hinges. When these shutters were closed, the occupants within were reasonably
secure against all outside intrusion; they excluded the chilling March winds and
were impervious to the frosts of a January night, but the abode within was as
dark as Erebus. The walls, floor and ceilings of the cells were ornamented with
bars of iron crossing each other in an artistic manner, leaving but small
portions of the wood exposed. Whether intentional or not, the manner in which
the internal part of the old jail was constructed and arranged greatly abridged
the natural rights of the dwellers therein in striking for liberty and freedom.
The iron, so generously distributed, to a great extent interfered with the free
and successful use of the knife, saw and the national tool—the little hatchet.

    On the 12th of March, Joseph W. Wolfe filed his official bond, took the oath
of office, and became Clerk of the Sullivan Circuit Court, and ex officio Clerk
of the Probate Court. The August term, 1852, of the Circuit Court convened
August 30, with Judge Eckles presiding. The grand jury at this term returned
twelve indictments for miscellaneous offenses. A number of criminal causes were
tried and disposed of; sixteen final judgments and decrees were rendered in
civil actions. Allen T. Rose, William E. McLean, John Hanna and Frederick T.
Brown were admitted to practice as attorneys and counselors at law.

FIRST COURT UNDER THE NEW CONSTITUTION.

   On the 23d of October, 1852, Hon. James Hughes was commissioned as Judge of
the Sixth Judicial Circuit, which included the county of Sullivan, he having
been elected to that office by the people under the new constitution making the
judiciary elective. He took the oath of office on the 23d of October, before
Milton McPhetridge, Clerk of the Circuit Court of Monroe County. On the 28th of
February, 1853, the first Circuit Court under the present State Constitution was
convened in Sullivan County, with Judge Hughes on the bench. William E. McLean
the Prosecuting Attorney elect under the new constitution, was present, and
represented the State in all criminal causes. To give a summary of the business
of each term would extend the judicial history to an unreasonable length,
without furnishing information of material value, and it will, therefore, be
omitted in the future. Noted cases will be referred to as fully as space will
permit. No business of importance was transacted at the August term, 1853, of
the Circuit Court. The records show that a grand jury was duly impaneled, if
they returned any indictments the records fail to show it. Nothing whatever is
known as to the transaction of that inquisatorial body beyond the fact that they
were impaneled; it does not appear that they were ever discharged. Ambrose B.
Carlton and Robert N. Hutchison were admitted to practice as attorneys at law.
The February term, 1854, of the Circuit Court convened on the 27th of February,
with Judge Hughes presiding. A grand jury was duly impaneled, but at the last
previous term the record from the date of impaneling is wholly silent as to
their doings. The grand jury is not again named in the record during the term.
The opinion and judgment of the Supreme Court affirming the judgment of the
Sullivan Circuit Court in the case of Terre Haute Draw Bridge Company against
Elias H. Hallady and William Beach was spread of record. Willis G. Neff and
Francis L. Neff were admitted to practice at this term.

   The next term of the Circuit Court convened August 28, 1854. An unusually
large amount of business was transacted, but little of it was of general
importance. A. F. Estabrook, our present worthy County Surveyor, was admitted to
practice as an attorney at law. Two slander suits, one of Tennis vs. Cummins, et
rex., and Tennis et rex. vs. Cummins et rex., were tried at this term and
attracted a great deal of interest, the male parties being brothers-in-law. In
the case of Samuel Tennis vs. Cummins and wife, Tennis recovered a judgment for
$18; in the other case the jury found for the defendant. The stigma fastened
upon the reputation of Tennis by the verdict of the jury, as the finding of
nominal damages so far as reparation is concerned, amounts to a defeat, clung to
him as long as he remained a citizen of the county, and undoubtedly satisfied
him that courts are poor cobblers when engaged in repairing a shattered
reputation. The winter term of the Circuit Court in 1855, convened February 26,
with Judge Hughes presiding. William F. Pidgeon, who is still living and engaged
in the practice of the law in the city of Vincennes, was admitted to practice as
an attorney at law.

WOOLY VS. WOOLY.

    The case of Wooly against Wooly, tried at this term, subsequently attracted
attention throughout the entire county. Thomas Wooly, the plaintiff, who was a
wealthy farmer residing in one of the eastern counties of the State, came to
Sullivan County for the purpose of purchasing a farm and making the county his
home in the future. Simultaneously with his arrival he filed a petition in the
Circuit Court of Sullivan County, against his wife, Catharine Wooly, praying for
a divorce on the alleged grounds of desertion. Notice of the pendency of the
petition, based upon an affidavit that his wife was a non-resident of the State,
was made by publication in a newspaper. In due time, he obtained the desired
decree and at once returned to his home. Mrs. Wooly, who it appears was a very
worthy lady, appeared within a year from the rendition of the decree and filed a
complaint to renew or set aside so much of the original decree as affected the
question of alimony, upon the trial of which the following facts were made to
appear. Mrs. Wooly was an invalid, and at the suggestion of Mr. Wooly went to
Cincinnati, Ohio, for medical treatment, Mr. Wooly accompanyed her and making
all necessary arrangements for her care and treatment; Mr. Wooly then returned
to Indiana, came to Sullivan County and procured the divorce. Mrs. Woolyit seems
was entirely ignorant of the pendency of the proceedings, and was not only
surprised but indignant at the conduct of her husband, and in procuring a
divorce in that clandestine way, and in being cast off without a cent of money
for no fault of hers. The judgment was afterward opened up and decree rendered,
giving her $1,500 alimony, but not in time. This decree, on appeal to the
Supreme Court, was reversed, because the order granting the new trial was not
made within the time limited by the statute, and Mrs. Wooly was finally turned
off without anything whatever. This case, however, had a great influence upon
the Legislature, and contributed largely toward securing the changes that from
time to time have since been made in the divorce laws of the State.

   The summer term of 1855 of the Circuit Court convened on the 27th of August,
with Judge Hughes presiding. The official bond, commission and oath of office or
Francis L. Neff as Prosecuting Attorney for the Sixth Judicial Circuit,
appointed to fill the vacancy caused by the resignation of Theodore Reed, was
ordered to be spread of record. The commission bore date of August 6, 1855.
There was business of significance transacted during the term. Hon. James M.
Hanna, by the appointment of Judge Hughes, presided as Judge during the term.
Hon. Delana R. Eckles, Samuel H. Buskirk, Martin M. Ray and William Mack were
admitted to practice as attorneys at law. The August term, 1856. of the Circuit
Court was held by Hon. Ambrose B. Carlton, by the appointment of Judge Hughs. It
convened on August 25, and adjourned on the 29th. No important business was
transacted; James C. Denny and Sewell Coulson were admitted to practice as
attorneys and counselors at law.

JOHN DOE VS. RICHARD ROE.

   The code practice has been in force in Indiana since May 9, 1853; there were
still some lingering relics of the old system found among the causes still
pending. At this term, the remains of John Doe and Richard Roe, who from time
immemorial had been familiar to every lawyer and had supplied a legal fiction in
actions for the recovery of real estate were forever buried beneath the reform
in pleading and practice, which provides that every action shall be prosecuted
by the real party in interest, and upon the real party complained of. While John
Doe and Richard Roe were mythical personages, our acquaintance with them as
plaintiff and defendant is so many common law actions extending over a period of
time whereof the memory of man runneth not to the contrary. The alacrity with
which John always stepped in to vindicate the alleged right of the man out of
possession and the equal promptness of Richard to insist that the man in
possession was the lawful owner and entitled to retain his possession, that we
cannot take a final leave of these knights errant of the common law without some
feeling of regret. With the abolition of these fictions, and a modification and
simplification of many of the terms by which land was held in feudal times, much
of the intricate learning of the old common law has also faded away and is now
mere matter of history. Those who had thoroughly studied the common law and by
long years of practice had become thoroughly imbued with its principles, looked
and admired it for its grandeur, wisdom and equal justice, and because it was
the embodiment of great and just principles of social and political economy,
founded upon the wisdom and experience of ages, stood in awe when the ax was
applied to even its smallest branches. Many of the old practitioners in the law
regarded the renovation as sacrilegious, and never .became fully reconciled to
the change. That the practice of the law has been greatly improved by
legislation, there no longer remains a doubt, but because the mode of
administering justice has been thus improved, it is not certain that all
legislation is equally wise and beneficial. The truth is, we have far too much
legislation in most all of the States of the Union.

   The February term, 1857, of the Circuit Court convened on the 23d. Hon. James
M. Hanna having been elected Judge of the Sixth Judicial Circuit, presented his
commission, bearing date October 30, 1856, and it was spread of record. He took
the oath of office and entered upon the discharge of his official duties in
Monroe on the 31st of October, 1856. A roll of the attorneys made out by the
Clerk for the use of the court, and found preceding the court docket of the
term, shows the following attorneys had business in the court during the term:
Samuel B. Gookins, John P. Usher, Delana R. Eckles, Samuel Judah. Joseph W.
Briggs, S. R. Hamill, John T. Gunn, W. G. Neff, F. L. Neff, I. N. Booth, Michael
Malott, Martin M. Ray, B. B. Moffitt, A. F. Estabrook. James C. Denny, W. E.
McLean and Sewell Coulson. The August term, 1857, convened on the 31st of
August, Judge James M. Hanna presiding. The roll of attorneys shown in addition
to those in attendance at last term, the following, mostly attorneys residing in
other counties: John W. Blackburn, David McDonald, Richard M. Thompson, Abner D.
Scott and Usher F. Linden. Among the civil causes and by far the most important
one that had appeared upon the docket of the Circuit Court, of the county up to
that date, was the Trustees of the Vincennes University against Samuel Judah,
brought from the Knox Circuit Court on a change of venue. A short history of
this very interesting case will be found on a subsequent page of this history.
No business of note was transacted at this term.

THE MURDER OF UNDERWOOD.

   The February term, 1858, of the Circuit Court, convened on the k22d of
February. On that day, Solomon Claypool presented his commission as Judge of the
Sixth Judicial Circuit, which bore date December 21, 1857, and was spread of
record. The official oath was adminintered to Judge Claypool by Thomas H.
Nelson, as Notary Public of Vigo County, on the 27th of December. During this
term, the case of the State of Indiana against Henry Todd, for the murder of M.
Underwood was tried. The State was represented by John P. Usher, Samuel R.
Hamill and Sewell Goulson, the regular Prosecuting Attorney, the late Milton
Os-born, of Greenecastle, Putnam County, not being present. The defense was
represented by Messrs. Joseph W. Briggs, Francis L. Neff and Willis G. Neff.
Since the August term, 1S57, of the Circuit Court, the Hon. Samuel B. Gookins,
who had been elected to the Supreme Court bench October 10, 1854, to fill the
vacancy occasioned by the resignation of Judge Addison L Roach.

   Claypool was elected Judge of the Sixth Judicial Circuit at the first ensuing
election after his appointment, which took place in October. He held the office
during his full term of six years. His attachments to home and his family were
unusually strong. Toward the close of each term of court when away from home, he
became restless and anxious for the closing scene. He was always glad to see the
curtain drop, and hear the court Bailiff in his monotonous tone proclaim the
words: "Oh yes! Oh yes! Oh yes! the Circuit Court of Sullivan County now stands
adjourned till court in course." Claypool is not a poet—so far as the public is
advised he has never composed a poem. He never repeats even a couplet, or
illustrates an argument by a poetical quotation. His mind is mathematical, and
deals in matters of fact; his logic or mode of reasoning is not uniform and
systematic; neither adopting the inductive or deductive system, but rather
attempting to establish his point by exposing the absurdity of the proposition
laid down by his opponent. He adopts the theory that everything inconsistent
with a falsehood is a truism; and everything inconsistent with an absurd
proposition must of necessity be correct, which of itself is a sophism. Judge
Claypool can and in several instances has made very strong logical and telling
arguments.

CONTINUATION OF THE UNDERWOOD MURDER.

   The case of the State against Henry Todd referred to, in which all the
parties were colored persons, deserves some notice. The alleged murder occurred
in the neighborhood of Sullivan. Todd, no doubt, was a vicious man; still there
may well exist doubts as to whether he deserved the extreme penalty of the law
that he afterward suffered. A number of the colored people of the neighborhood
were assembled at Underwood's house, and had been, during the day and evening,
drinking to some extent. Todd, as well as Underwood, had retired to bed. A
disagreement of some trivial nature arose between Underwood and his wife, over
which they quarreled for some time. Todd espoused the cause of the female, and
without much ceremony shot and instantly killed Underwood. The trial resulted in
the conviction of Todd of murder in the first degree, and that he suffer death.
He was sentenced to be hung on the 2d day of April, 1858. The records of the
Circuit Court fail to show that any indictment was returned against him. The
cause was appealed to the Supreme Court of the State, but at the time the
Governor was absent from the State, perhaps at New Orleans, and there being no
person anthorized to grant a respite in the execution of the sentence, he was
executed before the Supreme Court had time to pass upon the case.

THE EXECUTION OF TODD.

   The place of execution was surrounded by a high board pen, situated near and
on the west side of the track of the Evansville & Terre Haute Railroad, about
twenty rods east of south from Adam Marschino's present residence. At the same
time that Todd was indicted, and as one of the same batch, an indictment was
returned against William Adams for the larcery of a horse belonging to Thomas
Turman. Adams was afterward tried and convicted, and sent to the penitentiary.
His case was appealed to the Supreme Court, and was reversed because of the
failure of the record to show that the grand jury had returned the indictment
against him (see Adams vs. the State, 12 Ind. R.). Upon the announcement of the
opinion of the Supreme Court in Adams' case, the execution of Todd savored
somewhat as a judicial murder—accepting the decision of the court in the Adams
case as the law. The trial, conviction, sentence and execution of Todd was
illegal. The Supreme Court has however expressly overruled the law laid down in
Adams vs. the State, and as the law now stands, Todd's conviction was legal.
Henry Todd is the only man ever executed under a sentence of the law in Sullivan
County.

   Thomas B. Long, since for many years Judge of the Vigo County Criminal Court,
was admitted to practice as an attorney at this term. The business of the court
being unfinished at the close of the February term, and adjourned term was held
on the 30th of August, 1858, at which very considerable progress was made in
clearing the docket. Gov. Paris C. Dunning, Hon. John W. Foster, present
Minister to Spain, David Sheaks, Lewis C. Stinson and Isaac Adkins were admitted
to practice as attorneys. Judge Solomon Claypool, having been elected Judge of
the Sixth Judicial Circuit at the fall election in 1858, at the February term,
1859, of the Circuit Court, which convened February 28, presented his commission
and oath of office which were spread of record upon the order book. The
commission covered the constitutional period of six years, and bore date
November 6, 1858. John C. Moodey, of the city of St. Louis, Mo., and afterward
one of the Judges of some of the courts in that place, was admitted to practice
as an attorney as a matter of comity between States.


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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