Elkhart County, Indiana - Chapter 4, 1881 (part 2 of 3)

The following story has been told by De Witt Mulinix, and is based upon' the experiences of one of Colonel Jackson's neighbors, so that its value in this connection cannot be overestimated, or its veracity questioned: "It was a warm July afternoon," said the writer; "from the door-yard of a country house, situated upon a little eminence, where prairie and timber land intersect, could be seen the finely cultivated farms of perhaps twenty lords of the soil, while scattered over the broad plain before me could be seen the adjoining proprietors, with laborers and teams, actively storing away the fruit of a summer's labor, while just to the left, nestling amid shrubs and trees, was a quiet, and from my point of observation, pretty, little village. An occasional flash of lightning and the muttering of distant thunder gave evidence of an approaching storm; just before me, looking out upon the beautiful scene, with memories of the past evidently flitting across his mind, sat an old gentleman, full of years, and in the enjoyment of those high qualities of mind and soul that come from a well-spent life. Intending to obtain a recital of early incidents, I observed : ' You were here very early in the history of this locality were you not?' He replied: 'Yes, before the county was organized or a single white settler was in all this region, I visited this prairie for the first time. I was an early settler of ElkharL Prairie and lived near the river of that name, upon the farm now owned by Matthew Rippey and occupied by Mr. Graham, formerly a Methodist minister near here. One morning very early, - for we did not sleep late in those days; muscle, pluck and patience were all we had then out of which to make a living for those dependent on us, - Col. J. Jackson, my nearest neighbor, greatly excited and in haste, came to my house. As he approached he cried out: " Get your gun, and ammunition, J and provisions, and meet ns at Goshen at 11 o'clock; the Indians are near Kiles, murdering the whites, and they want our aid." I wanted him to stop and give me more particulars, but he would not even pause for a moment; replying that he must hurry and notify the neighbors, he passed out of view. It seemed to me the Colonel was unnecessarily alarmed, but concluding to meet them at Goshen, we set about getting ready.

" While I half-soled my shoes for the trip, ray wife prepared some provisions and molded bullets to enable me to do service. While so engaged John Elsea, ray nearest neighbor, came over and proposed to stay and look after both families while 1 went. My shoes now being repaired, we got out my old knapsack, which had seen service in the border Indian wars, and with ammunition, provisions and my rifle, 1 started on foot for Goshen. We had no roads then. It was across the country or upon Indian trails, just as you chose to go. Arriving at Goshen the first man I met was Col. Jackson. ''If you want any Indians killed, just bring them along now. Colonel," was my salutation. With a hearty laugh and strong old-fashioned shake-hands, which made one feel better for it, the Colonel greeted me. By this time many had arrived, armed with shot-guns, muskets, ritles, a few old-fashioned horse-pistols, butcher-knives, etc., etc., ready to march out to the aid of the pioneers, who, like ourselves, had left the comforts of civilization to hew ont homes for their wives and little ones, from the wilds of a new country. We met together and then details of various reports were given. Col. Jackson produced a letter which had been written to him from Niles and sent in haste by an e.x:press rider, asking him to call out the militia and come to their rescue, as the Indians were near them, coming from the West, murdering the people. We concluded to send two messengers at once to Niles to get more specific information. They were to return the next day. We did so, and the town was full. Men, women and children bad heard the reports and came flocking into town in every conceivable way, - some crying, others swearing. To add to the contusion, it was said at the meeting that the Indians on and around this prairie were preparing for war; that they were having war dances every night, and had bushels of bullets already molded. It was determined for safety to build a fort at Goshen, into which the women and children could be gathered, and a day was fixed for its commencement.

In the meantime the men sent out to Xiles returned with the information that it was a false alarm, that there were no hostile Indians east of Chicago; but at that place they were perpetrating outrages, and it was expected hostilities would open over the whole frontier. There were no contradictions, however, of the rumors of hostile demonstrations among the Indians in what is now Kosciusko county'; so it was determined to go on with the fort. I had made up my mind that the whole story was a fabrication, and determined to visit the Indians on this prairie, in person, and ascertain the truth. I was wholly unacquainted with the country. There were no roads, no settlers that I knew of, no white men with them of my knowledge, the reports were alarming in the extreme, yet I did not believe them. If they were true it was important to know the worst at once, and prepare to meet the enemj'. If untrue it was impoi'tant to allay the excitement and alarm, so that people could again go quietly to their work. John Elsea promised to accompany me, but he was too ignorant of the country, of the tribes we were about to visit, of their language, and what to us was more important than all, of their intentions. Whether we were to come upon these barbarians in their haunts, painted for the war dance, with murder in their hearts, was to us a very serious question.

" "We determined, however, to go, and bidding farewell to those nearest and dearest to us, we crossed the river and started out alone into the wilderness. There was no road, no improvement, no human habitation between Elkhart river and the east side of Big Turkey Creek Prairie. With nothing to guide us but an Indian trail, which we finally came upon, we moved forward. As we approached the prairie the trail became more and more beaten, until at last we arrived in sight of an Indian village. It was located on what was for a long time known as the Kosseau farm, subsequently owned by Charles Rippey; farther south was another village called Waubee Papoose. Waubee was the chief of this tribe and lived at the village first mentioned. We were a little way off when the sav- ages first saw us; they became greatly excited at our approach; immediate confusion was the result. Hurriedly they commenced to assemble. Being satisfied I could pacify them, if I was able toreach them before hostile demonstrations commenced, we both put spurs to our horses, and at full gallop dashed into their camp, thus placing ourselves in their power. The whole population, squaws, dot's and all, were in a tumult of excitement, and gathering around us demanded to know our business. We told them we were after seed corn to plant. The old chief "Waubee informed us they had none; but we could get it at another village some six miles away to the southeast, and directed us on our trail. Spending an hour or two with the barbarians looking for war paint, clubs and bullets, we took our departure.

" Traveling up another trail, we now came to a second village, where the town of Oswego now stands. Squabach was the head ot this village. The noble savages here formed a semi-circle, squatted down on their haunches and remained perplexingly silent for over an hour. Their toilet was not very elaborate. The young ladies nowadays who go into ecstacy over the latest novel and think it so romantic, and who faint at the sight of a rat, would not have followed theirs as the most becoming fashion . We could neither please nor anger them. Perfectly motionless and expressionless, they sat for over an hour. Disgusted, we were about to depart, when the chief spoke to a little Indian, who suddenly darted oflf into the woods. We concluded to await the result of this movement. Presently an Indian came forward and in fair English gruffly said: ' What you want herel' Instantly we spoke the magic word ' seed-corn,' and then the dusky savages all arose, talked and gave us a cordial welcome. Their squaws had been planting, and after an hour or two of loitering round their wigwams we departed. Everything gave evidence of quiet. We camped near what is now Leesburg. Mr. Eisea got four logs together in the shape of a foundation for a house, near where the old Metcalf Beck store-house stands, and formally made his claim to the land, intending next fall to move his family to that spot of mother earth. Before he returned others jumped his claim and became owners of the land. We went back to our homes, reported the Indians allpeacefnl, and this allayed the excitement. They settled at Goshen, however, to build a fort, got the foimdation laid and disagreed as to its name, and so the work was abandoned. ITow all those who were then young men in the prime of manhood, full oi energy and activity, are either gathered to their fathers or are in the decline of life. The mothers of the daughters who now live in ease, and many of whom pride themselves on white hands and prettj feet, rather than clear heads and brave hearts, are now gone or broken in health. "We shall all pass away soon to some other land, but it is a happy thought that we have set a good example for our children . We have laid the foundation of future prosperity strong and deep, and those now in the prime of life need only build npon it."

Notwithstanding the excitement of the times, the Fourth of July was celebrated throughout this northern part of tiie State. Jos. H. Defrees was the orator. Each corner of the county heralded the anniversary of that day, which the Declaration of Independence brightened up- with a ray as brilliant as the summer sun, and made blessed in the calendar. Even prior to this, on the 22d of Februar}', they assembled at South Bend in honor of Washington's natal day, and having listened to the oration of Anthony Defrees, who' recapitulated the glories of the Union soldier, gave up a few hours to festivity and returned to their homes, in the concionsness that, even in this matter, they had perpetuated the memory of a great man, and done their duty to the Republic.

The first attempt at political party organization was carried out in April of the same year, by the election of Elias Garpentei-, Asa Crook, Mark B. Thompson, Wm. Skinner and David Hodibaugh to places on the Democratic executive committee of the county.

The terrible enmity which sprang up between the Miamis and the Pottawatomies created some attention toward the close of the year. In December, 1832, the chiefs of the latter tribe held a meeting to consider the murder of one of their people by a Miami. Tlie chiefs concluded that a tribute of §100,000 - the sum of the Governmental annuity to the Miami nation for two years - should be paid over to the Pottawatomies, and in case of their non-compliance decreed to wager a war of extermination against their old allies until the murder would be well avenged by the destruction of that tribe to which the assassin belonged. Fortunately for the Indians concerned, as well as for the white inhabitants, reason took up the place of the rifle and tomahawk and adjusted the matter before the savages donned their war accoutrements and paint.

strip of land in question was within two and one-half miles of the present northern line of this county, and would undoubtedly have led to internecine struggle had not the designs of the impetuous Gov. Lucas, of Ohio, been frustrated by the presence ol the troops of the United States.

Sac Wae Coxclcded

We have learned much regarding the Sac war excitement in Elkhart county. Noyv we will regard the situation at Niles and thronghout St. Joseph county in the neighboring State of Michigan.

At the commencement of the first settlement of St. Joseph county the Kottawa tribe of Pottawatoraies acknowledged the sway of Pierrie Morreau as chief.

Morreau was a white man, and was once an educated and accomplished French gentleman; whether a native of France or the descendant of one of the old French families of Canada is not known. In early life he commenced business in Detroit as a mercantile trader. After some misfortune in business, with the remains of a stock of goods he sought this secluded retreat on the banks of the St. Joseph river. Here he established a trade with the Indians, he continued until his stock of goods was exhausted. He then married an Indian woman, adopted the Indian costume and habits of life. In his character as a savage he seemed to have merged every reminiscence of civilization and to have lost every vestige of its conduct and manners. When the settlements began to gather around Nottawa prairie he was ninety years old, superannuated, decrepid, infirm, and disfigured.

Morreau by his Indian wife had seven children who attained adult age: Sau-au-quett, the oldest of four sons; Mo-niss, Isadore and Wau-be-gah, and three daughters: Betsy, Min-no-wis and Min-nali.

Sau-au-quett figured coiispicously in this tribe of Pottawatomies. After his father became so dissipated and imbecile as to be unable to exert his influence over the tribe as their chief or head, Sau-auquett disputed the right to govern with Cush-ee-wes, the legitimate chief of the tribe, whose father, now deceased, had been supplanted by Morreau many years before.

Sau au-qnett was a shrewd and wily man. He possessed wonderful powers as an orator. His competitor, Cusli-ee-wes, was a modest and unassuming man. Each bad his partisans and adherents. While the warmest friends of Sau-au-quett admitted the rightful claim of Cush-ee-wes, the fascinating eloquence, the winning man- nei's and impressive presence of San-au-qnett carried a majority of the tribe, contrary to their better judgment and equitable convictions, to support his pretensions.

Sau-au-quett was an extraordinary man. He measured six feet and three inches in his moccasins. He was straight and well proportioned; he possessed a commanding presence and most imposing and winning address; his features were classical, of the pure Roman mold; when the writer of this article, in 1S33, made a crayon sketch of his head, he then thought, and still thinks, he never gazed upon a more perfect model of manly beauty, commanding dignity and perfection of human form. It was this noble form and commanding eloquence that was the secret of his great power over his fellows.

This tribe of Pottawatomies was continually involved in internal dissensions while the pioneers supplied them with intoxicating drink, until the frontier war, known as the Black Hawk war, commenced, at which period the members of the tribe had sunken into the most abject poverty and dissipation. They had ceased to hunt the forests for game and furs; they traded their ponies, their guns, and even their blankets for whisky, and left their children to starve in. their wigwams. The once proud warriors had sunken into pitiable mendacity, and like a pack of hungry wolves, clung around the new settlement howling for more " fire-water."

At this crisis the notes of Indian war were sounded along the frontier settlement. The southern line of the Pottawatomie Reserve traversed j^Tottawa Prairie east and west near its center. That portion of the prairie south of the reservation line was among the first lands to be located by the emigrants to the northern portion of the county. Here, then, when the alarm of the Black Hawk war -was given, the huts of the settlers were scattered along the southern margin in the shadows of the beautiful groves and islands of this portion of the prairie, in close proximity with this band of debased Pottawatomies.

It is not to be wondered at that the settler felt sensations of alarm, and that the mother drew her child closer to her bosom, as they were aroused from their slumbers in their cabin by the wild shrieks of the besotted Pottawatomie as he galloped across the prairie to his wigwam steeped in drunkenness.

Many are the anecdotes and traditions still current of the inglorious flight of many, while others remained to meet the emergencies and grapple with the vicissitudes and dangers of frontier life.

Goods and valuables were concealed ; cattle were sold at half their value, or abandoned and turned to the commons; crops left uncultivated and ungathered.

A family from Is ew England thiit had settled at Sturgis Prairie, in order to preserve their valuables, consisting of plate, china-ware, mirrors and other relics of fashionable Eastern life, which could not be made suiSciently portable for a liasty flight, carefully packed these goods in a large box, and in the dead of night, when there was no human eye to note where these relics of former domestic luxury were to be deposited, the whole family gathered around the well hard by their log cabin, having the box in their midst. Then, with many low whispers, the well rope was attached to the box, the windlass received a fresh supply of soft soap to preclude the remotest possibility of its tell-tale creak, the cx-ank was seized by the men, and steadilj', yet quietly turned, the box of valuables softlj' yielded to their motive power. When the all-important box swung clear above the well that yawned to receive it, the rope suddenly parted, the box was precipitated to the bottom of the well with a crash like the discharge of a cannon, causing the earth to tremble and the contents of the box to shatter to atoms. Loud shrieks from the several females who were gathered around the well arose upon the midnight air, and was echoed from the adjacent cabins whose tenants liad been aroused by the crash of the unlucky box of goods. The alarm was sounded along the prairie settlement; shout answered shout, shriek replied to shriek, and the prairie was awake. The scream of females on the night air struck alarm into the hearts of the bravest, and deeming that the Sac warrior was at their doors a general flight, with a few exceptions, followed.

With all this alarm there were those who appeared to fear nothing, and could not be persuaded that the settlements were in danger. Such were the venerable Judge Sturgis, ori the southern boundary of the county, whose cognonien the prairie bears; Martin G. Schellhous and his brothers, near Xottawa Prairie; and the Defrees Brothers, of Goshen.

These men, as well as several others, pursued the even tenor of their ways, and while tliey became counselors and guides to the more restless and excitable heroes in the hour of fancied danger, they also became the subjects of indignant reprehension and outright curses, because they couhi not participate in the fear and panic of their neighbors. They were denounced as fools because they showed no sensations of ahxrin when the whole country, as it was fancied, was on the eve of being overrun by hordes of predatory savages.

The militia were ordered out on oS^ottawa Prairie and duly organized under the territorial law. Patrols were appointed and sentinels placed. The shrill fife and rattling drum echoed along the borders of the late peaceful prairie, and the martial feather flaunted proudly on the breeze. Couriers were dispatched to the adjacent settlements to sound the tocsin of war. Marvelous were the adventures of those redoubtable heroes in the discharge of their various momentous trusts. Some of these, returning, swollen with the importance of their positions, and flushed with the glory of their missions, gathered wondering crowds around them to drink in the story of the signs of war, the preparations for deadly conflict, and their own individual hair-breadth escapes.

It was certain, from the various reports of these daring couriers, that the Pottawatomie Indians on the jSTottawa reservation were instruments in the hands of Black Hawk, and that they also were collecting the implements and munitions of war, and would soon prove formidable foes in the approaching dangers which were to "try men's souls." These Pottawatomies, it was true, could only muster about fifty warriors, enervated, enfeebled and trembling with dissipation and its concomitant diseases and infirmities; and although they had no arms, nor the means to procure them, still, their war-whoop might prove fearful.

Thus the attention of the heroes of Xottawa was withdrawn from the seat of war in the West, and directed toward dangers and perils awaiting them in the immediate vicinity of their once quiet homes.

The hostile intentions of these Nottawa Indians, by indubitable evidence, had been reduced to a certainty. Many facts existed, and wei-e commented upon, which were sufficient to carry conviction to the minds of a majority of the settlers of the murderous purposes of the Pottawatomies. The premises and deductions which led to this ultimate conviction, to say the least, were curious to those who could not participate in the apprehension of danger to the settlers, and ran in this manner: If the IS'^ottawa Indians have no hostile intentions, why do they avoid all intercourse with their white neighbors? One young man related that he was almost fired upon by one of the blood-thirsty savages, and that his own presence of mind and indomitable bravery was all that saved his scalp. He on the margin of the prairie in pursuit of his pony, when suddenly turning au angle of a dense hazel copse he saw old Muk-a-moot, an Indian well known to the whole settlement as an inoifensive old man. The wary savage darted into the hazel brush, as the intrepid young man assumed, for the purpose of securing a cover from which to fire. He did not see his gun, but he knew he had one, or why should he dodge into the brush? In this emergency a light pair of heels and a stout heart to keep up their action soon delivered him from the vicinity of danger, while the enfeebled Indian, trembling with fear, crippled away in the opposite direction. " Fortune always favors the brave."

Min-no-wis, the sister of Sau-au-quett, was detected in stealthily approaching the cabin of one of the settlers to ascertain, by espionage, the strength of the white enemy and the means of defense. It was in vain that she endeavored to conceal her treachery under the plausible story that her children were starving, and that she came to beg a morsel of bread to save their lives. All knew this to be a fabrication, for if her purposes were honest why should she skulk? Sure, the suffering wretches had received no means of subsistence from the whites, as was their usual custom since the war alam had been sounded, forr both parties, from some cause, had maintained a respectful distance from each other; but, if it was only bread she wanted, why did she not come up boldly, and offer her bead-work for it, as she had formerly done, instead of stealing along under cover of a brush fence to the back door of the log cabin? In vain she said she was afraid the white man, alarmed and incensed, might misapprehend her intentions and ill treat her, and that, therefore, she sought the interview with the white man's wife alone. If her purpose was honest, why endeavor to avoid the white man, and seek the white man's wife alone? In vain she told them that the white woman was a mother as well as she, and could feel for the starving papoosie, while the white man could not know how the Indian mother pitied her child. In vain, when bread was refused, the tears mounted to her eyes as she threw down the little beaded moccasins which she had nicely guessed to fit the tiny foot of the white man's child. "When ordered to take them and leave, her piteous reply, " Keep them, they are no good to poor squaw if they will not buy bread," was absolutely interpreted into the most indubitable evidence of nefarious intentions.

The intrepid aud fearless white man added new laurels to his brow by forcibly driviug the poor creature from his door with the threat that, if she did not leave he would hang her upon the nearest oak; nor was the valor of this hero diminished as the Indian mother replied, " Hang me up, white man, and then Min-no-wis will not see her children starve."

This circumstance, with others of a like character which transpired about the time that the helpless and starving natives were driven hj hunger and want from their retreat, were the crowning proofs of their hostile intentions. These incidents were poured into the ears of the settlers by those who participated in them, with such an emphasis and such an enhancement of their details as to arouse a perfect tumult of fear from one end of the settlement to the other.

What was to be done in this crisis of danger? The number of the guards were increased, the patrols were strengthened, and a meeting of the entire settlement was demanded to deliberate upon the public safety, and to devise ways and means of securing it against the inevitable attacks of the Nottawa Indians. Already women fancied themselves burning at the stake, while their husbands, the brave militia, fancied their names enrolled in the pages of histor}^, surrounded by a halo of living glory among the heroes of the battle-field. A momentous day, fraught with daring deeds, was rapidly approaching, and the book of iame was about to receive an accession of illustrious names to be transmitted to the ceaseless ages of posterity.

The meeting was called, and " there was mounting in hot haste." The strong men of the neighborhood came together. The assembly was held at the house of Captain Powers, who commanded the valiant militia.

The meeting was duly organized and presented a formidable array of citizen soldiers, armed with rusty cavalry swords, shotguns, rifles and muskets, all of which, from their appearance, had seen service in former wars. There was to be seen, also, soiled and tattered uniforms, crushed and tarnished epaulettes and dimmed bullion lace.

Elaborate and eloquent addresses were poured forth, replete with invocations and appeals to the patriotism of the lukewarm, and glowing with enthusiastic bursts of encouragement to those who were awake to the dangers which surrounded the neighborhood.

After many speeches and the most solemn deliberation, it was determined to erect a strong fortiiication on the lands of Daniel Hogan, located near the east end of N"ottawa Prairie, to be known as Fort Hogan. Andrew McMillan now owns and occupies this farm; the walls of Fort Hogan, which had received the labor of one day and a half from about 40 settlers, have long since been leveled by the plowshare of the husbandman.

At this time a large body of militia, under the command of General Brown, was massed at iSTiles, in Berrien county, slowly advancing toward Chicago, the rendezvous of the operative military forces under General Atkinson.

Among other decisions, by a vote of this meeting it was determined to send an express messenger to ITiles to beg General Brown to send a detachment of his volunteers and militia to Fort Hogan to guard and protect the frontier settlement on ISTottawa Prairie. Then arose an important question: Who was to be that messenger? It was improper, unjust, cruel, nay, inhuman, to force, by stern military discipline, one of the citizen soldiers into the imminent danger of the perilous mission, perhaps to return after a thousand hair-breadth escapes; perhaps to leave his bones to bleach in some solitary dell of the wilderness between Centerville and Niles. "Where was the man who would volunteer on this all-important mission, pregnant with danger at every step? Who would accept the hazard?

At this crisis of anxiety Benjamin Sherman (whose name is associated with the early history of this county, and who, as Col. Sherman, has been widely and favorably known until his recent decease) arose in the meeting, in which he had been a silent auditor up to this juncture of emergencies. Every eye rested upon Col- Sherman, and every one sat in breathless silence as he addressed the meeting.

said the speaker, in his sententious style, '"I planted the first apple-tree west of the meridian line in Michigan, and I have abundant reason to believe that I have as good a knowledge of the disposition of the jSTottawa Indians as any one. I do not believe there is the least danger of their disturbing any of us; I believe the poor cusses are more scared than you are. But, to cut a long story short, if you must send an express to ^S'iles, a man can be found to go; 'though its my humble opinion you will send him on a fool's errand. I am always ready to face the music. So make out your dispatches and I'll be off."

"Shaw, nonsense," said the Colonel, impatiently, at the same time grasping a large hickory cane, " I want no better protection than this. I cut this at Mount Morris in York State, in 1829, and have carried it ever since. I have carried it over a thousand miles- It's the true blue. I wouldn't give it for all your footy pistols, in a hand-to-hand shrim-mage.''''

Captain Powers delivered to Col. Sherman his dispatch [to General Brown, and just as tlie sun sunk in the west the Colonel mounted his pony and departed on his mission.

On the day following this memorable meeting the work commenced upon Fort Hogan. Plows, scrapers and ox teams were in requisition. Manual labor was lustily applied until sunset, and the northeast angle of Fort Hogan had arisen in an earth work of black prairie soil about two feet in height, extending west most three rods, and south some two rods.

There were those among the settlers who unequivocally refused to contribute by labor or otherwise to the erection of this fortification, and who persisted in the opinion that no danger threatened the neighborhood from the inoffensive ISTottawa Indians. Cyrus Schellhous was one of these. Mr. Schellhous was then an active young man whose nature was strongly imbued with a vein of waggish humor. Since then Mr. Schellhous' name has been interwoven with the history of St. Joseph county. He was a man of enterprising habits of life, generous impulses and humane instincts. He filled many honorable positions in the official responsibilities of the county, and died at Constantine but a few years since, honored for his integrity and usefulness as a citizen.

While the labor was progressing at Fort Hogan, Cyrus Schellhous stole away to the Indian village on the reservation. He found the Indians almost destitute, and laboring under a false apprehension that their white neighbors, taking advantage of the Black Hawk excitement, meditated an attack upon their village with the purpose of driving them from their reservation and appropriating it to their use. He could not prevail upon them to send some of their leading men with him to the settlers to assure them of their peaceable intentions, and to receive assurances from their white neighbors that their intentions were misapprehended by the Indians. After a brief council of the Indians, in which the partisans of Cush- ee-wes and Sau-au-cjuett united, it was determined that if they were invited to an interview with the settlers by Captain Powers they would send a deputation to such an interview.

It was with difficulty that Mr. Schellhous could sufficientl}' counteract the excitement that prevailed among the settlers to take a rational view of the situation and accept the proposition of a truce and an interview between the belligerents. But this measure was finally adopted at noon of the second day's labor on Fort Hogan. The interview was appointed to take place at the cabin of Captain Powers.

At 10 o'clock in the forenoon of the day following a large gathering of the settlers had assembled at the place appointed in anticipation of the interview.

The redoubtable Captain paced back and forth in front of his cabin with a quick and nervous step; his plume nodded on the air as he suddenly turned his head from side to side iu anxious expectation of the approach of the Indian deputation with which he was to confer. This worthy officer suddenly halted as his eyes were fixed upon a distant object upon the level prairie. He seized his sword scabbard with his left hand, and, grasping the hilt with his right, after several lusty eflorts that were sufficient to start a sapling from its hold in the earth, the war-worn and trusty weapon leaped from its scabbard with a military iionrish.

All eyes at once turned in the direction of the Captain's gaze, when was observed the approach of the expected deputation, consisting of Cush-ee-wes, with two others of his tribe and an interpreter, under the escort and protection of Cyrus Schellhous.

Thus these humbled and depressed representatives of a once numerous and proud people met the descendants of those who had driven them from their homes and run the iron plowshare over the graves of their fathers.

While there was a marked humanity mingled with suspicion in the countenances of those Indians as they approached, there was firmness in their step, and pride and dignity in their bearing.

Cush-ee-wes was below the middle stature, but of strong and heavy mold. He was a man of great equanimity and indomitable firmness. He was above the middle age. In his habits he had not been so incorrigibly addicted to inebriation as were a majority of liis tribe, and preserved in his personal manners and appearance traces of that native grace and dignity which, in their intercourse with civilized man, appears to be a national characteristic of the untutored red man. TTliatever may have been the habits of Cushee-wes. or those of his people, the non-intercourse between tliem and their white neighbors, which had now continued for several days, had interdicted the use of strong drink among the Indians; they were all sober, for the reason that the poor Indians were dependent upon their friendly relations with their civilized neighbors for the means of their most brutal degradation.

There must be many melancholy reflections to cloud the memory of the white man as he looks back to the past relations between him and the red man. In view of the logic of philosophy, the ethics of civil government and equities of liumauity, he can find no sophism of civilization to serve as a sufficient apology for making the red man what he is: degraded and grovelling in drunkenness, shorn of his honor, robbed of his heritage, and driven forth a pitiable mendicant, j^o genial reminiscences arise in this picture of reflections to soften and palliate its stern and severe inhumanitj".

It is difficult to say what the Indian might not have been had his feeble efforts to conciliate the white man and to cultivate his friendship been requited and met by efi"orts in kind on the part of the white man, instead of cruelty and repeated acts of injustice. It is difficult to say whether civilized man could have played the savage more aptly had their lessons of barbarity been taught in the wild-wood forest by lawless heathen chieftains, instead of the philosophy of peace on earth and good will among men, as taught them in Christian sanctuaries by surpliced priests.

The small party of Indians advanced to within a few paces of the spot occupied by the Captain of the militia. Cush-ee-wes approached that officer and presented liis hand in token of friendship, then retired a pace or two with easy grace, and thrusting his thumbs between his person and his belt of wampum, stood facing the bold commander with an ease and unaffected dignity which contrasted strangely with the fidgety manner of the Captain. Thus he stood several minutes, motionless and silent, awaiting the announcement of the wishes of his white neighbors, thougli the Captain was as silent as the Indians.

;-- At_ length, Cush-ee-wes, through the interpreter, said: "What does the white man want ! He has sent for his red brother. Let the pale-face speak."

" "\Ve want to know,"' returned the Captain. '' what we have done to induce you to set about cutting our throats and scalping our women and children.''

" The pale-face,"' returned Cush-ee-wes, " does not speak the words of wisdom, or he would not ask the red man what the paleface has done. The red man could say, that when the pale- face came to the hunting ground-; of the red man, our hunters showed him the haunt of the wild duL-r, and the place where the honey-bee made comb. He showed him the otter's slide and the places where the wild fowls built their nests. The white man killed many of our deer, and drove many from our hunting grounds; he followed the bee from his cornfield to its home in the forest tree and carried away our honey; he traced the otter to its burrow and robbed us of his fur; he scared the wild fowl from our waters and the red man had nothing to eat; his squaws and children were starving in the wigwam. Then the red man asked the pale-face for bread, and the white man poured fire-water down the throats of our warriors, and our strong men became squaws and trembled. The white man wanted our little reservation of land; and when our warriors were few and hungry; when the}' were weak with drinking the fire-water of the white man ; when they had no strength in their limbs, no bravery in their hearts; when they had no amis to shoot with, no voice to shout the war-whoop, no breath to shriek the battle-cry, then the paleface struck the war-path; he beat his drum and called all his strong warriors together to drive the Pottawatomie from his little reservation and take it for himself. The red man did not wish to disturb the pale-face. The red man was weak, the white man was strong. The red man few, the pale-face many. The pale-face speaks not the words of .visdom. What has the pale-face to say ? Why does he want the red man's land? Why does he call his warriors together to drive the red man from his wigwam and the graves of his fathers? Let the white man speak."

The redoubtable commander was brought to a dead stand. For the first he learned that the Indians had misinterpreted his patriotic operations for the defense of the settlement into the preliminaries of an oifensive attack upon the Indian village, with the intention of driving them away and seizing their reservation. He knew not what to reply to the touching appeal of Cush-ee-wes.

" Did you not receive messengers from Black Hawk?" inquired Captain Powers, " and did you not arm yourselves in order to aid the Sacs, intending to murder all the settlers?"

" The pale-face speaks not the words of wisdom," replied Cush-eewes, and continued : " We are weak, you are strong. The weak are not fools to dare the strong. The Sac is the enemy of the Pottawato- mie. There never was friendship between our nations. There were never good words between our people and the Sac nation. We had many wars, and the tomahawk was never buried between us. The Pottawatomie hates the Sac as the eagle hates the filthy crow. The pale-face speaks not the words of wisdom. We wish the paleface to take many scalps of our old enemy, the cunning Sac. TJie few young warriors of our tribe who could still follow the war-path and not make a crooked trail, went with the white chief, Captain Hatch, to fight with our white brothers against our old enemies, the lying Sacs. We thought that if the Sac would come to ISTottawasippi to sound the war cry among our wigwams, our pale-face brother would be onr friend, and that together we would go on the war-path against him. We were weak, you were strong. We were not wise, for when the pale-face saw that our few, strong yonng warriors had gone with the white chief. Captain Hatch, to fight the Sac, then our white neighbors made war upon us. Then we feared the Sac, far away, and the pale-face near our own wigwams. Our men fled to the woods and our women and children hungered for food. The pale-face speaks not the words of wisdom. The red man wonld be the friend of the white man, and would fly to his cabin for shelter when danger comes, but the white man wonld not let us come; he raised the tomahawk against us. What has the pale-face to say? Let our white brother speak."

After a few inquiries of the interpreter and other French settlers who had mingled with the assembly, it was ascertained to a certainty that a few of the Pottawatomies of the reservation had volunteered, with Capt. Hatch, a trader among them, and several days before had gone to join the war forces at Chicago, nnder Gen. Atkinson.

Hare, then, was a denouement which at once stripped the war with the Nottawa Indians of all its impending dangers, and its valiant and redoubtable heroes of their transient honors.

This denouement was hailed by the crowd with a loud shout of relief, in which no small degree of ridicule was manifested in derisive hisses. The assembly dispersed, and the memorable occasion was one to impress upon the mind ot the illustrious Captain of the J^ottawa militia a deep sense of the evanescent brilliancy of military honors, and the vanity of martial renown. Crest-fallen and disappointed in his ambitious aspirations, he retired to his quiet cabin, dofted his military plume and martial habit, and hung his trusty sword npon the wall, there to rest forever; for, as theassein-

Those who now occupy and enjoy the highly cultiYated and productive farms of St. Joseph county, and especially the broad acres of Nottawa Prairie,e:nbracing the reservation alluded to in this article, mav not readily realize that their own quiet homesteads were so recently the scenes of the stirring incidents here related. Indeed, the contrast is great. Industry and enterprise, by the touch of their magic wand, have developed the richest resources of agricultural wealth and luxury. The once unbroken prairie has changed into fertile fields laden with cereal products. The wigwams of the savage have changed into tasteful mansions, crowned with peace and plenty. Where the council-fire of the red man was kindled rears the district school-house, and where the smoke from the midst of the war-dance ascended, now points np the white spire of the village church. The war-whoop is heard no more, and the midnight orgies and savage wails of the red man have ceased forever.

The beautiful and enterprising village of Mendon, with its snmptuous hotels, its factories, stores and workshops, stands where the Pottawatomie was wont to chase the wild deer. But where is the Pottawatomie now, that once claimed this spot as his heritage? Like a storm-rifted pine, he has sunk to decaj^ Like the withered leaf of autumn, he has been swept by the winds of desolation into the abyss of the past. The landmarks of civilization have been erected on the ruins of his sacred places.

Chapter Til A Collection Of Facts

We have already reviewed many men and events connected with the county, and still more remain to be noticed. At a period when Goshen was comparatively settled the Pottawatomies occupied their reserves where the progressive city of Elkhart now stands. The Beardsleys, with a few other white men, established their claims to the adjacent lands; but the sight of Chief Moran's court was so beautiful, that the pioneer Doctor saw only to admire it, and consequently a desire to be its owner possessed him. The statute dealing with Indian Reservations placed many difficulties in the way of carrying out his desire, as not only should the Indians be thoroughly content to part with their lands, but also the deeds and other legal documents connected with the transfer should have the full approbation of the President. The delays and troubles attendant on such a purchase were conquered by Dr. Beardsley, the Indians bade adieu to their old home, and soon the leader of the new race entered on a career of great results by establishing the nucleus of a village, which, in the course of a few years merged into a town, and later into a prosperous city. It is unnecessary to review the formalities of important dealings with the Indians. There was always many '"' pow-wows " held and much consideration given to any matter which suggested a radical change in the location of a capital village, or the sale of one of their reservations; but as the deed and Presidential letter of its approval are historical, it is well to submit them:

This indenture made this twenty-first day of April in the year of our Lord one thousand eight hundred and thirty-one, between Pierre Moran, or Peerish, a Pottawatomie chief, of 'the first part, and Havilah Beardsley, of the County of Elkhart and State of Indiana, of the second part. Witnesseth that whereas by the provisions of the 3rd article of a treaty made and concluded between commissioners of the United States and the Ottawas, Chippewas, and Pottawatoraies, at Chicago, on the 29th day of August, A. D. 1821, one section of land to be located under the direction of the President of the United States, was granted to the said Pierre Moran, or Peerish, at the mouth of the Elkhart river, which land was not to be sold or conveyed without tlie consent of the President, and by the direction of the President section ISTo. 5 in township 37 north, of range 5 east of the 2d principal meridian of the State of Indiana, was selected for, and has this day been sold by Pierre Moran, or Peerish, to the above named Havilah Beardsley, for the sum of fifteen hundred dollars lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged :

This indenture therefore witnesseth, that in consideration of the payment aforesaid and in conformity with the foregoing stipulations and approbation, the said Pierre Moran, or Peerisli, has given, oranted, bargained and sold, and by these presents doth give, grant, bargain and sell unto the said Havilah Beardsley, party of the second part, the above described tract of land, to have and to hold the same with all his rights, privileges and immunities there- \mto belonging, to the said Havilah Beardsley, his heirs and assigns forever.

The Presidential approbation of this transaction, and of the deed, arrived at Elkhart the following year. The letter of approval was dated at Washington, Jan. 13, 1S32, and ran as follows:

I hereby approve and sanction the within deed of conveyance from Pierre Moran, or Peerish, to Havilah Beardsley, and that before the same shall be delivered to the purchaser, the Indian agent cause to be paid out of the purchase money, to Richard Godfroy, the sum of $112, the amount of him received by said Moran, and that the balance of the purchase money the said agent cause to be secured by a valid mortgage on the property herein conveyed.

The receipt of the letter resulted in the complete transfer of the lands of an aboriginal chief of one race to the pioneer of another ; but for some reason a little formality was neglected, and the work

Reminiscences Of Elkhart

A pioneer who saw Elkhart for the tirst time, seven years after the deed of Moran conveyed the reservation to Dr. Beardsley, says: In April, 1838, he had his first view of the town of Elkhart, and determined therein to make his domicile. It was perliaps the most unpromising period in its history. The proprietor of the place, the much esteemed Dr. Havilah Beardsley, held possession, but by a disputed title, long afterward settled in the Supreme Court of the United States in his favor. The only manufactory was a small flouring mill, with perhaps a saw-mill on the Christiana creek, near its mouth.

were Doctor Beardsley, his nepliew, Elijah Beardsley, Geo. Crawford, Geo. X. Martin, Samuel P. Beebe. V. F. Broderick, Col. Downing, John Davenport, Hiram Alorgan, .James Defrees, Dr. P. S. Kenyon, Lorenzo Scoville, Wm. Beaumont, Gen. W. B. Mitchell, Jacob Frnsh, John Compton, Dr. Wm. K. Ellis and Henry Cramp - ton. The only hotel was kept by Col. Downing (who died that year) .on the jDresent site of the Clifton. He was a good man; but from the hungry look of the eagle on his sign, was dubbed by Judge Beebe as " Col. Buzzard." The Judge resided on the old Beebe coi-ner, northwest from the hotel, a very humble frame dwelling, embowered in a shady grove, while a rough pole fence surrounded his lot. Morgan and Defrees kept the red store, and Davenport and Broderick had a store farther south. Elijah Beardsley dispensed justice to the people, as did also our venerable friend N. F. Broderick. The constables were Hiram Morgan and Joseph Dome. Gen. Mitchell was engaged as chief engineer in the survey of the Northern canal, and completed his labors about that period. Geo. Crawford was serving his county in the State Senate, and was interested in one of the mercantile establishments. Real estate was at a low ebl); lots ranging from $50 to $300.

The Town And Its Institutions

abouts. The town had been christened '- Pulaski," and its postoffice still bare this name. There was no church in the place; but occasional meetings were held by the Methodists and United Brethren in the school-house. Sabbath-school was an unknown institution. There was no regular whisky shop in the town; but the merchants dispensed the needful by the quart when required for medicinal or other purposes; but drunkenness had no existence in the community. Occasionally an individual from the wilds of Eauo'O exhibited a little undue hilarity, but the instances were rare.

New Additions

During the year several new comers made their appearance, among whom we recollect the Shuey and Irwin families, Kobert Sandford and the McKelveys, but it was a year of wide-spread sickness, and the immigration came slowly. Throughout the country hardly a house was nnvisited; whole families were prostrated. In Henderson Cole's family eleven were sick at one time; in the Howenstein family, nine. Some, on their recovery, gathered their household o-oods together and turned their steps backward to the far East again; others remained to test the qualities of another season. The population of the town was about 300, more or less.

Railroad Matters

A survey of the Buffalo & Mississippi railroad had been made a little north of the present location of the Lake Shore road, a line designed, as John B. Chapman said, to connect the two hemispheres; but few ventured to hope for its construction. For an outlet, the navigation of the St. Joseph was looked to as the main chance, and the tradition was even then spoken of, that a steamer from the month had once ascended to some point in Michigan.

Judge Beebe was the character of the place; he had been originallv a merchant, but was then settled to the occupation of a farmer, and had just been elected by three votes to the office of Probate Judge. No other voters had the news. He was a man of more than ordinary intelligence, of great good sense and correct habits, and of honorable principles; but withal a free-thinker in religion and a practical joker. He had a nickname for everybody, but a warm hand for his friends. He discharged the duties of his office with eminent ability and impartiality, but more men feared than loved him. The postal communication consisted of one mail weekly from Fort Wayne to Edwardsburg, and the most welcome document it brought was the Goshen Democrat^ then edited by that erratic genius, Thomas fl. Bassett. When Tom was sober it came as regularly as the sun, when otherwise it came otherwise. Everybody said, even thirty-five years ago, that Elkhart was the place for a thriving town, bat who of that day expected to see it as it is now? The relator's happy experiences are well worthy of attention. He saw Elkhart a nurseling in the arms of enterprising men battling with difficulties, and again he saw it a thrifty city leaping over all obstructions and making gigantic strides to reach the grade of a city. This it has done; the mission of the pioneers has been fulfilled, and a prosperous city made ready for the uses of the second generation.

Miscellaneous

It was ordered by the Board, at the session of September, 1S33, that a sum not exceeding §100 be appropriated and expended on a bi-idge over Yellow Creek, on the State road.

In November, 1834, the Board of Commissioners received a remonstrance from Peter L. Runyan against groceries in the town of Goshen, which resulted in an ordinance to the following efl'ect: " It is ordered that no grocery license or permit be granted until a majority of the freeholders in the town sign a petition for same."

The Court of Commissioners continued to proceed without a goblet or water vessel until September, 1836, when two pitchers and one tumbler were supplied. This tumbler exists at present.

The 4th of July, 1837, was celebrated with eclat. A procession, marshalled by Col. Jackson and Major Violett, and headed by Capt. Myre's ritle company, proceeded to the court-house, where the reading of the Declaration of Independence, and an address for the occasion were rendered. Subsequently a recherche banquet which was spread in an arbor erected in the public square, fireworks and balloon ascents, and a grand ball at McCook's Hotel, gave the people a full opportunity to celebrate and enjoy the greatest of national anniversai-ies.

The amount received by Elkhart county from the surplus fund for 183T was $5,831. This was solely intended for the purposes of aiding industry, and ^vas to be loaned out to settlers on good security, at 8 per cent, interest, in sums not exceeding $-iOO, and not less than $100.

The " honorable" Houston Taylor, of Benton, was lodged in the Centreville jail for passing counterfeit money. When captured there were $300 of bad coin found upon his person. The counterfeiter in attempting to escape in March, 183S, was so exposed to the biting frost that his legs were frozen: however, his age and this misfortune could not save him from a term of two years in the penitentiary.

The robbery of 53 gold and silver watches and $130 worth of clothes from the stores of Mr. Geo. Stewart and Abner Stilson, occurred on the morning of Feb. IS, 1841.

The Land Bill, wliich provides for the disposal of funds arising from the sale of pulslic lands, gives to Indiana its share of that fund, estimated to approximate $132,000 annually.

ship in September, lSi6. She evidently followed this wild life for some time, aud was, when taken in charge bv Daniel Shriver, Overseer of the Poor, unacquainted with the ways of civilization, an unknown and unknowing waif

The county (which was incorporated in 1S50) held a population of 6,560, as shown by the census retui-ns of 1840, and Goshen then had only 600.

Tiie County Commissioners were Horace H. Hall, Jonathan Wyland and Joseph JD. Knox. E. W. H. Ellis was Auditor; Ira "V7iunegar, Assessor; Elias Carpenter, Treasurer; W. Dodge, School Commissioner; Geo. Taylor, Recorder; Jacob S. Raymer, Coroner, and W. R. Ellis and A. N. Hascall, Notaries Public. Abraham Cuppy and Samuel Taylor represented the district in the State Legislature.

The mercantile interests were represented by Barnes & Defrees, Wolcott & Marston, James Cook, L. G. Harris, John Winder, Jackson & Fitzpatrick, of Goshen; Vail & Dair, of Benton; C. S. Dole and E. Raymond, Middlebury; S. B. Romaine, Owen Coffin, E. A. Lansing, L. P. Knight, Bristol; J. D. Defrees, Samuel Simonton, N. F. Broderick and Philo Moorehouse, Elkhart; and Milton Mercer, Wyland's Mills.

The postoffices of the county were administered as follows: Horatio Pearson, Postmaster at Middleport, now Dunlap's Station; S. Baldwin, at Elkhart; L Case, at Middlebury; I. R. McCord, at Goshen; Joseph Cowan, at Jackson; Solomon Fowler, at Bristol; and Sylvester Webster, at Benton. The mails were brought over the Vistula road tri-weekly, passing west through Elkhart on Mondays, Wednesdays and Fridays, and east on Tuesdays, Thursdays and Saturdays.

The Methodist Church was represented at Goshen by Rev. L. W. Monson; at Middlebury by Rev. Erastus Doud; and Revs- Alonzo Monson and Geo. Riimsey, ministers at large within the district. The Rev. S. Ritz was Lutheran missionary. Rev. Theron C. Depew, Middlebury, ^SToah Cook, at Goshen, and A. S. Kedzie, at Elkhart represented the i^ew School Presbyterians.

The Baptist ministers were B. Hess, at Elkhart, and John Halstead, at Benton. H. jST. Strong was the accredited minister of jSTew Jerusalem at Elkhart, and Corboly Martin, of the Christian Evangelists, in Jetferson township.

Elkhart county was then in the 9th judicial circuit. EbenezerMChamlierlain of Goshen was then President Judge, and Joseph Beane and Asa Norton, Associate Judges. Elbridge G. Chamberlain was Clerk; Ebenezer Brown, Sheriff, jailor and subsequently court bailiff. Bishop Samuel P. Beebe, of Elkhart, was Probate Judge; and James Beck, John Ferguson, Geo. Rumsey and Abner Stilson of Goshen ; Samuel Gibble and John F. Smith, of Cleveland; Jonathan Cisna, of Middlebury; Daniel McCoy and John D. Elsea, of Benton; with Alonzo Gilbert, John Proctor, Jr., Samuel Brown, Lorin Brown, Elijah Adams, Sylvester Webster, Aaron K. Bail, China B. Smith, Erastus Brack, Jnsiah Ellston, Edwin Clark, Joseph Dalrymple, W. S. Butler and Daniel Dickenson, Township Justices of the Peace. What an increase in the number and labors of men following these vocations. To compare Elkhart county of forty years ago with the Elkhart of the present is indeed a pleasant duty, since it is the record of a well-bred boy, grown into the robust and upright man. The change is evidenced in other forms. Compare the following statement of the products of Elkhart Prairie in 1S45, and rest content tliat production of the land has kept up with the advances in population :

The tigures show the high state of the agricultural industry in 184:5, as well as demonstrate what changes may occur within a term of boyish experience, or fifteen years. However, these statistics are insignificant when placed beside a tabulated exhibit of the productions of ISSO, which will be considered in future pages. One of the many who aided in building up this prosperous county met with terrible afliiction at the moment when his industry began to bear fruit. On June 3, 1873, the house of Joseph Dalrymple, of Harrison township, was totally destroyed by fire, and his wife, his daughter Chira, and his boy Eddie sacrificed to the dreadful element. It was a terrible calamity, but amid the sorrows of a desolate father and husband, the sincere sympathy of a people was ofi^ered, and tended to allay the grief of that good old settler, who carved out for himself, and that wife and family whom he loved so well, a comfortable home in one of the most beautiful districts of tlie county.

The Graves Of Age And Youth

Tlie first tenants of the old cemetery of Jackson comprised, among others, many of the early settlers and many of their children. Decoration Day brings their names into relief, so that numbers of tlie living are thus led to visit the city of the dead, and, in wandering over the marked and unmarked graves of the people, to ponder on the uncertainty of this transitory world, to think on the good deeds of those who sleep beneath their feet, and to prepare themselves for the day of natural annihilation. An account of a pilgrimage to a rural burial ground, though it is itself of a melancholy character, must be as interesting as it is instructive.

In Jackson cemetery are the giaves of Mark B.Thompson, Darwin Kj'ler, young Elsee, Albert L. Bushong and young Horn, with those of a few other soldiers who died in battle, or from wounds received in battle. W. A. Beane, in his review of the ceremonies of Decoration Day, 1S72, said that he felt a deeper interest in this beautiful cemeter}-, in this romantic spot, than any other in the world, because, there in a row, lay seven of his dearest friends, besides hundreds of acquaintances and playmates of bygone years. On the tombstones are engraved the names of children who were buried twenty -five and thirty years ago, who, had they lived, would now be old men and women. Here are the graves of little Jerome Seaman, Jackson Thomas, a brother of Mrs. ISTancy Eaymond, formerly of this place, but now living at Ganges, Michigan; little Ellen Stetler; a young sou of Kev. Mr. JRobinsou; and a grandson of Col. Jackson; James Long-acre; and numbers whose names cannot now be remembered. Think what a number of middleaged people there would be had they all lived. But we will not stop to moralize, but go on to give a list of those who liave preceded us to the other shore. Our first notice of old friends will be of the Prickett family. Elmer H. Prickett died Jan. 17, 1870, aged 45 years, 1 montli and IS days. In another place is the grave of Mrs. Josiah Mahala Prickett, mother of Elmer and Fielding Priclvett, of Albion. She died April 7, 1S33, aged only 27 years. Mr. Jacob Prickett, father of one of the editors of the Times, is buried there, and Thomas Prickett is buried l)y the side of his young daughter. They died on the 3d and Ith days of May, 1845, and were both buried at the same time.

Shelby Prickett, son of Thomas, fell dead in front of the church in the village of Benton, in the year 1850. Mrs. Mahala Stetter, his sister, lies in the same ground.

Mr. William Beane, father of the editor of the Democrat, died March 20, 1840. In May, 1872, his wife followed him to the grave, and in the interval five of their children -^ere laid at rest around.

summers, have their graves there, while adjoiaino- are the sleeping places of the wives of Jesse D. Vail, and two of their children. There also rest Mrs. Elizabeth and Mrs. Catharine Darr.

Side by side are the graves of Edmund D. Biirch and Samue. Walker. James Banta died in September, 186i, aged 49 years and 6 months. Mrs. Sarah Poorbaugh died 14 years before, and both are buried here. The wife of P. W. Koler was consigned to the grave in 1863. William Jackson, Harriet Jackson and Fred. Clark have been interred here, and over them are the unpretentious tombstones bearing their names.

Mrs. Elizabeth Long died in 1S43. and the]-e lay by her side two of her daughters who died while still young. Reuben D. Seaman died in 1S44; his son, John D. Seaman, resides in Indianapolis at present. Francis and Margaret Thomas, and a son, Jackson, occupy one grave in the cemetery. John Dicky, Martha Longcor and Harriet Chevington claimed a rest tliere, and close by is the grave of Asa Applegate. Jacob Pressler died in 1844, aged 42 years. Rev John G. Walker and his wife died Feb. 3 and 4, 1855, aged respectively 68 and 72 years. Peter Frazer and his son lie side by side. Geo. Zinn died Oct. 7, 1852, aged 77 years. Chris. Myers and his wife Elizabeth claimed a single grave at the age of 80 and 73 years respectively. Geo. Zollinger and his wife are interred near by. Robert Price, William Price and numerous members of that family live together in this land of the dead. S. E. Cartwright died at the age of 24. The daughter of Conrad and Sarah Smith, and Mrs. Julia Ann McCann are neighbors in the necropolis, while tlie Ullery family show the resting place of an infant son by a neat monument. Jesse Weddell died July 25, 1838, but his widow, now Mrs. Nancy Morehouse, dwells upon the old homestead.

Owen T. Butler and othei's of the family are lying side by side. Close by are a number of their neighbors of the Darr family. Daniel Darr died Aug. 10, 1839, and by his side rest his father and mother. In 1872 old Mother Darr and Mrs. Thompson, old neighbors of 35 years' standing, were both ill at the same time. ISTow they lie close together, and young flowers have beffun to spring up from their new-made graves.

Scattered here and there are the graves of Lewis I^ichols. Harris K. Self, T. K. Lane, Susan Myers, wife of A. L. Myers, and three of her children; Elizabeth Simpson, wife of Wm. Simpson, who died in 1835. Elias and Chloe Riggs, her parents, aged respectively 84 and 79 years, all old settlers, gone to their account.

John D. Elsea died in 1S63, aged 57 years, and holds a place amid a circle of his relatives, whose graves surround him. John Sipes was a young soldier. Sarali Ann Lacy, wife of Laban, died in 184-5. Seges, wife of I^orman Campbell, died Jan. 6, 1853, aged 52 years.

The Jackson Lot

Within the burial circle of the Jackson family may be found the names of Mrs. Catharine Jackson, wife of Col. Jackson, who died in 1861, in her 67th year. She was one of the true pioneers and had a very large circle of friends. Near her is the lot of Com. J. L. Davis, of Washington City, with only one little lone grave, that of Anna Mary, who was 2 years 7 months and 20 days old, who died at Goshen. Next is Mary M., wife of Eev. E,. S. Robinson, who died May 6, 1S41, at the early age of 25 years and 25 days, One son is also buried by her side. Then little Mary E., infant daughter of James and Elizabeth Banta. " Our Babe " is the only inscription on a pretty stone over the grave of the child of P. A. and M. E. Jackson. William Denny, John, Jane, Walter and Emily Deimy are of a family well known throughout this section of country.

On a full-length stone slab are the words, " Sacred to the memory of Mrs. Mary Amanda Wolf, and her dead child." She was only 28 years and 11 months of aire.

Mrs. Nancy Davis died in 1849, aged 79 years. Alexander Irwin died Aug. 22, 1835, aged 60 years. Mrs. Elizabeth Irwin, his wife, died Dec. 31, 1861, aged 71 years, and Elizabeth, their daughter, died October, 1840, while still under twelve years of age.

These were among the old residents of the county, and the parents of I. W., E. D., and Robert Irwin. Three of E. D. Irwin's children claim a pretty monument in the shape ol well-kept graves. Indeed, the cemetery may be said to be well ordered; but many graves are neglected, so that they have been for years hidden in tlie luxuriant grasses and weeds. It is said that this cemetery is about the most ancient burial place within the boundaries of the county; that almost every citizen claims it as the resting place of a friend; though, on account of the decadence of the olden board commemorative slabs, the precise location of the graves of many is a mystery. The character of the times in which we live forbids this negligence; men should certainly liave sufficient decency left to lead them to inquire into the state of the graves of their departed relatives and friends, and thus raise up an humble or pretentious nionoment, as they may deem fit, over each grave now allowed to hide itself in the high grasses, or sink to the level of the surrounding earth. The friends gone forever require this ; the leaders of our civilization expect that all will follow their example according to their means, and not permit a few beautiful monuments to monopolize the praises of the risitor.

Man gives to man a subject for in(|airy. It lias been nnderstood throughout the ages that crime is hereditary. The gambler who placed his fortune at the small mercy of a die long centuries ago may possibly be the ancestor of a present mountebank; and the creature whose passions led him to the crime of murder while yet Csesar ruled the Roman Empire may possibly be the distant and most notorious relative of some of the monsters who disgrace the civilization of to-day. Whatever faith may be placed in the descent of criminal passions from father to son by the great majority of people claims some foundation. Demonstrations of hereditary desires are very common. Therefore it is not a matter for surprise to learu that he who is convicted of a great crime followed in the very footsteps of some ancestor. The advance of civilization has materially retarded an indulgence in criminal acts; it has not stopped the workings of nature. Men who in former times followed the avocations of tlieir fathers now seek out varying labors, and thus the tendency of intuitive crime is held in check, though it never can be wholly subdued. Very few of such hereditary criminals join the fortunes of an early settlement. They come in after years, oftentimes with good intentions, and for a time observe all the conventionalities of life; but afterward the raling passion begins to assert its terrible superiority over reason, and the result is crime, - sometimes insignificant and base, sometimes monstrous and shocking. To preserve the lives and properties of the people against the machinations of such men, the State promulgated a number of statutes or legal rules, which not only prescribed the penalties and punishments to be inflicted on the transgressors, but also defined the manner in v.'hich such laws should be administered. The records tell us that the people of Elkhart county put these laws in operation in 1S30. The old Board of Justices was the great tribunal of the county, and its findings, primitive appearance, genial admirable institution, fully suited to the requirements of the time, and capable of adjusting all discords that might creep into existence within the j'oung settlement. The first general notice we possess of the judicial action of the old Board is given in a report made by the justices to their successors in the government of the county known as the "Board of Commissioners." The second is a record of the proceedings of the Circuit Court. Ilndei- the second order of afi^airs many causes of a serious character have been presented. "With the advance in population and knowledge new sources of disunion crept in, the matrimonial alliances were not in all cases judicious, opposing temperaments met only to oppose to the bitter end, and consequently numerous cases of the disruption of family ties ensued. Any of such cases will not have more than this reference here; but unfortunately there occurred a few murders which throw a shadow over a history unexceptionally honorable. To state some particulars regarding them is in accord with the principles of history, and for this reason alone they will have a brief notice.

The First Disturbers

The acceptance of tlie resignation of Justice John Jackson was the first official act of the commissioners in September, 1S31. This was followed immediately by the consideration of a report of tines, levied under authority' of Justice Jackson, accompanied by a schedule of causes, from which these fines originated. This list boasts of a comparative antiquity, and as it holds an important place in any question wherein the moral qualities of the early settlers will have to be considered, it is just and right that a position should be given to it in this work. The first cause is that of James Thompson, who complains bitterly of tbe pugnacity and general '' assault and battery," characteristics of one Matthew Boyd. Mr. Jackson placed a quietus on this terrible man Dec. 18, 1830, in the shape of a two dollar fine, which had the efi'ect of checking his tendency to indulge in such little games for a very long time.

Simon P. Tuley, probably an inoffensive citizen like his Roman namesake, sued .John Coinpton for assault, but the defendant's pugilisticism was considered so beautifully meritorious by Justice Jackson that he discharged the prisoner. Kow comes our Roman friend Tuley again with a series of most serious charges against the " mildest-mannered man" in his settlement - John Compton.

The main cause of action was "profane sweariQcr," and as the defendant convinced the judge that he could positively swear under certain circumstances, Jackson found himself justified in placing a tariff upon the import of profane language, and lined that simple man $S. There was much gossip held over this matter, with the result of restoring to Compton's profane pockets, the sum. extracted from them hitherto by the edict of an impartial justice and the hands of a gigantic constable.

Arminius S. Penwell tendered his report, which opened with a very plaintive story, related by John Stauffer about his friend, James Compton. The complainant was attending to his duty in the mill of the early settlement, when the respondent Compton addressed him in anything but complimentary language, and finally indulged in such strategic movements, peculiar to old-school pugilists, that he succeeded in lodging what is commonly termed a sockdologer .upon the face of the peaceful Stauffer, causing such disfiguration as to compel the justice's resort to the imposition of a fine of $300. The cause of action was given June 21, 1831.

Following close on this is a very mystical case. The old record says, under date June 21, 1831, "John Stauffer was fined $1 for an assault on the body of James Compton by cursing and swearing and threatening to strike him." Now an assault on the body, resulting solely from a curse or a threat, is something incomprehensible to people of the present time; but to men possessing all the strength of mind and body which doubtless belonged to the first settlers, who overcame greater difficulties by far than are comprised in a correct interpretation of this " charge" against Stauffer, nothing seemed to be impossible, and it is therefore to be presumed that the infliction of a fine of $1 seemed really called for, and was instin the eyes of the conscieutous Arminius.

On the 2Yth day of July, 1331, James Compton begins to grow notorious. Justice A. C. Penwell fines him $1 for running a pitchfork through the body of Joseph Dome. This limited fine for a most grievous offense is inexplicable. A pitchfork ran through a man's body creates a most unpleasant sensation, and it is a matter of surprise how Mr. Compton did not appear in the dock in answer to a charge of murder instead of only to answer a summons, which evidently brought a very serious charge down to a most trivial one. Justice Penwell issued a few warrants in August, 1830, - one against John Compton for profanity, and another against the same individual for an assault on Tuley, but for some

James Mathers reported the receipt of $1H from one Peter Tetters. Peter evidently was the "boss swearer" of the county; he could afford the payment of sixteen dollars, and the old Squire being aware of this, and having, in open court, been treated to a fine specimen of the culprit's terribly profane eloquence, deemed it just to practice this little extortion, and so convince Peter that not even by word could the justice of a moral people tolerate an infringement of the laws. The net sum realized from fines infiicted by the justices was only $28. oO; but, small as it now seems, it was then sufficient to exercise a beneficent infiuence, by deterring others from entering into these petty squabbles and wordy combats which led those otherwise good citizens into the meshes of the law and gained for them a most unenviable reputation.

The Circuit Court

The associate judges, William Latta and Peter Diddy, opened the Circuit Court in November, 1830 ; but the calendar did not present one cause oelebre. A number of light cases were disposed of without ceremony. The consideration of a form of procedure to guide their future judicial movements occupied some time, and the petition of Robert Hamilton, asking to be admitted to citizenship, was entertained. This Hamilton demanded to be admitted a citizen of the United States, having taken the declaratory oath before the Court of Common Pleas, Marion, Ohio, in 1826. The associate judges having received a further declaration that he would support the Constitution of the United States, and abjure all allegiance and fidelity to " ever3' foreign p>rince, potentate, state and sovereignty, and particularly to George the Fourth, King of the United Kingdom of Great Britain and Ireland," admitted him into citizenship.

In April, 1831, Charles PI. Test assumed the title and duties of President Judge of the sixth judicial circuit. One of the first acts of Judge Test was to admit C. K. Green, jSTeal Magaffy and Ch. W. Ewing, of the Michigan Bar, to practice in the court. Gustavus A. Everts acted as public prosecutor in the absence of James Perry, who held that commission. ]S'o less than 31 cases were brought before this court daring the term, and for the valuable services rendered by the associate judges the sum of $4.00 each was allowed them. Very many stories of those early judges are still told; but it appears that, not-withstanding their economical use of languao-e and gesture, their presence in court exercised a very beneficial influence, and abolished much of that discontent which usually follows justice if administered severely. In October following Judge Test admitted John Sevey, Elisha Egbert and D. H. Colerick as practitioners in Elkhart county. G. A. Everts represented James Perry as Prosecuting Attorney, and carried out the ends of Justice in the case of 19 erring children of the State. A number of civil cases were also disposed of; but neither in the criminal nor civil list does any very serious charge appear beyond that entailed in the very common phraseology of the police courts of the present time, " assault and battery." The April term was characterized by the admission of M. Ray, Wm. J. Brown and J. S. Newman as attorneys qualified to practice in court; also by the appointment of W. J. Brown to the position of Prosecuting Attorney, and his subse- (juent success against various men for their attempts at betting and whiskv-selling, two great crimes upon which the early occupiers of the justiciary seemed to look with a peculiar horror. The advent of Samuel C. Sample to the position hitherto held by W. J. Brown was signalized by a very extensive criminal calendar, which comprised a few indictments for forgery.

In October, 1832, the first " bill of divorce '" was presented to the court, and so very important dii! the case appear to Judge Test, that the cause was continued to the May term of 1S33. President Judge Everts delivered judgment favorable to the husband, in so much that by it the bonds of matrimony were dissolved, and. in the language of the court, " aunulled, for ever set aside, and held for nought;" but the man thus set at liberty was ordered to pay the costs of the action.

The iSTovember session was almost wholly given up to the conviction of a number of riotous men for contempt of court. John B. Chapman was prosecuting attorney, and succeeded in establishing the guilt of the greater number brought before the court for offenses against the State. "Why so many and various affrays, forgeries, contempts of court, carrying concealed weapons, and assaults took place in 183i is unexplained, but a look over the calendar will prove that the great majority of offenders did not belong to the county of Elkhart. Fleming Wright was arraigned for the murder of his wife in April, ISol. Owing to Judge "Warden's connection with the accused, as counsel, Thomas S. Stanfield was appointed to try this case; but the defending lawyers had already so impeded and hampered the actioi of Prosecuting Attorney Lowry, that Dec. 11, 1S55, the court acquiesced in the prayer oi' the counsel for tlie criminal, T. Ci. Harris, Joseph Mather, Joe. L Jarnegan and ethers, and ordered an acquittal. At the same sitting James Jennings was indicted for assault and battery with intent to murder, and the court adjudged that he be fined $10, imprisoned for 60 days and farther until the fine be paid. This was well received by all lovers of justice, and aided in the continued respect of the law administrators by the people.

The September session of 1S5S was important in the number and variety of the cases presented for trial. Among the prisoners was William Smith, indicted for an attempt to commit murder; and notwithstanding tiie fact that the prosecuting attorney obtained a conviction. Judge Chamberlain, seeing that the prisoner was not naturally vicious, imposed a nominal fine of five dollars, and ninety days' impnsijnment in the county jail, alvising the unfortunate man to learn within that period a milder m3ans of opposition than that pursued tovrard the man who happily survived his terrible onslaught.

During that year a set uf rules regulating the practice of the court was adopted, and some suggestions made iu regard to improvement in accommodation.

Oliver Jones was indicted on a charge of attempting to murder a helpless neighbor. The cause was tried before the president judge and a jury during the March session of 1860. N. F. Brodrick, the foreman of the sworn twelve, handed in a verdict of guilty, when the court imposed a fine of one dollar and two years' imprisonment in the State prison.

In 1S62 George Morehead was indicted for an attempt to kill, and the jury, with Samuel Fletcher as foreman, found the accused guilty, assessed a fine of $165, and imprisonment in the county jail for 10 days.

George CruU appeared before the court in September, 1866, to show cause why sentence should not be pronounced against him for an attempt to murder one of his neighbors. His plea of justification could not satisfy the court, so that the imposition of alight punishment resulted.

The prosecution of Benjamin F. Swineheart, for a like offense, broke down, the case was dismissed and the prisoner set at liberty to pursue a stormy career.

rimonial engagements broken off. The court had now a subject to vary its monotony. Many gay Lotharios appeared to defend themselves ao-ainst the specific charges of many a blooming maiden, and so iuterestino- were their love stories that the audience filled the court-room throughout the long term, charmed with the charms and pathetic language of the fair phiintiffs, and of course shocked at the perfidy of the gay fellows, who dreamt of casting off allegiance to the o-ii-ls they once promised to marry. " It was different in the old times " one pioneer wonld say; " Mighty different," another, and "Simply scandalous," a third. The lawyers, good souls, while sympathizing deeply with their clients, cherished the business dearly, and naturally allowed the " good work " to go forward; yet, at intervals, a gay but simple defendant desired to rush out of court, and so in such instances many cases were settled by arbitration, and in a manner comparatively satisfactory to the dear girl who sought to enter nuptial bonds.

The Reign Of Terror

There is some strange defect in the workings of science. That it has advanced is a fact; and that man has decayed just in such a ratio as it advanced is undeniable. This record leads one to such a belief. The age of railways, the age of general travel, the age of the o-rowth of infidelity, and, what some term, the age of reason, interferes but little with the point which this criminal record will sustain, and that is, previous to 1S67 a hona-fide mui-der did not diso-race the calendar of the county; while within the short term which has since elapsed not one but many bear testimony to the o-rowth of untrained passions, the return of the days when hereditary viciousness claimed for its appetite human blood.

During the September session of 1S6T David Sebring was arraio-ned for the willful murder of his wife. James H. Carpenter was prosecuting attorney, and certainly he pushed the charge forward with characteristic ability. The jury sat in deliberation for five days, and to the surprise of the court and auditory the fore, man, David Bowser, handed in a verdict of" not guilty."

Stephen Jinks, a Lagrange connty man, murdered one Mallow in 1S7S, claimed an impartial trial from the justice of the Elkhartians, and received from the conscientious jurymen a ticket to admit him to the State prison for life. From all that can now be gathered in connection with this murder, Jinks richly merited his fate. The action of the court, too, in rendering this severe sentence was replete with good results, for the time for inaugurating most condign punishment had arrived; the murder fiend was abroad over the land; but here, at least, a stand would be made against his approach in future. It is a strange world after all; precedents are forgotten, good examples and words of warning set aside. The dark soul of Jinks had scarcely appeared before the judgment seat of heaven than the murderer of Abraham Paulus was brought up for the judgment of mortals.

In 1879 Jacob J. l^oel murdered this man Paulus; but the swiftwinged justice claimed retribution, and led the blood-stained criminal to a life-long sojourn in the prison of the State.

The civilization of this century opposes capital punishment, because it is considered barbarous. Life in a State prison, is really life to some murderers, and cannot be termed a punishment. Justice requires that justice should be done, and in acceding to the requirement, it is scarcely fair to prolong the murderer's life at the expense of the people. What then should be done? Mete out deatii to him who knew no mercy, who sent man, perhaps unprepared, before his God, and who to-morrow would tread the patlis he walked to-day, and cry havoc, until death stayed his terrib:e career. There are redeeming qualities pertaining to some men who have been fouud guilty of murder, and to such the mercy of life in a prison might be extended. It is well, however, that during the half century which has passed by since Elkhart county was organized, no case of capital punishment is on record - no murderer dangled in space within the county prison, nor do tlie bones of one find a resting place in the cemeteries. It is a proud record of which but fev/ counties can boast, and must always prove a subject for congratulation to the present and future generations.

Man must not bo serious always. In liis proper state he cannot be; for good health depends iu a great measure on an occasional latigh, and raerrj moments snatched from time. The ancients so believed, the old settlers of this county practiced the salutary lesson, and often their peals of hearty laughter echoed through the forests of their land and rang out over the prairies until the sedate Indian, having heard, wondered at its boisterousness and reality. Such a laugh and such a time cannot be even mimicked now; they have almost faded from memory. Tliis is the Iron age when all such pleasures will have to be purchased, since few remain of the true old men, each of whom was the center of joy and gladness. Let us revert to them.

Mr. Rose, a Justice of the Peace for the count}-, and an untiinching follower of the Democratic party, had the happiness on more than one occasion to prove the lengths to which his support of party politics would carry him. The legal gentlemen best known to Mr. Rose at that time were Michael C. Dougherty and Thomas G. Harris. The former was a Democrat of no small influence, the latter a Whig of acknowledged ability. The first was a political friend of 'Squire Rose; the second was his political enemy. Kow it so happened that these gentlemen opposed each other in a law cause brought before tlie justice. The nature of the suit was a debt, which as the defendant claimed, was offset. T. G. Harris showed beyond a possibility of doubt that the money claimed by the plaintiff was justly due, that the statements of the defendant were without foundation in fact, and closed his case with a peroratory sentence, which was enough in itself to cause an issue of judgment in favor of his client. M. C. Dougherty appealed to the court against the sophistries of Harris, but tried in vain to convince the 'Squire that even a point was made iu the defense. Knowing the very poor case which he labored to defend, and aware of the apparent preparedness of his friend Rose to give a judgment for the amount of money claimed, Dougherty rose equal to the emergency, and addressing the 'Squire said: "Judge Hose: - The plaintiff in this case has spoken at the dictation of friend Harris. I do not say that his statements are absohitely false; but I maintain that they are exaggerated if not colored in tints such as glow in the imagination of his legal preceptor. I will not follow up all the peculiar evidence presented to the court by the compiainant; but I must, for the sake of our common eountrj^, ask you to consider the political treachery of Harris and his client, to rest assured that their accusations have no reality in fact, to banish from your mind any impressions the eloquence of Harris or the imprecations of hig client have made, and so fulfill your dutj^ to -the people and to the party who are the preservers of justice, by giving a decision favorable to the honest Democrat, who has placed his righteous cause in my humble hands to be defended, before this tribunal, from the attacks of organized villainy." It is needless to add that the mind of Rose was changed by the pathetic eloquence of Dougherty, and the case against his client dismissed. When the 'Squire was afterward interrogated upon the propriety of this decision he coolly remarked that, "Harris is nothing but a d - d Whig anyway." Well might the interrogator e.xelairn, " 0 tempora ! O mores ! "

The Pkofane Hog Eobbee

A good story continues its circulation throughout the county, even to the present day. It is called Tom Harris and the Pig Stealer." It appears that shortly after Harris' defeat in the trial before Justice Rose, a monster villain, peculiarly addicted to stealing hogs, was arrested in the vicinity of Syracuse, and in preparation for his trial sent to Goshen for Harris, so that his acquittal might be something to be hoped for. Harris received the request, and with commendable promptitude started e?i route to Kosciusko count}^. Arriving there just in time for the court, he saw the prisoner - his future client - in the dock, and at once presented his request to the justices that the man accused of " pig stealing " would be permitted to leave the court for a few moments so that he could confer with him, as he came here in his defense. The court granted the request, Harris and the prisoner retired to the rear of the village school-house wherein the court was held, and there entered into the following converse:

The dashes represent some mighty expressions of profanity, and if they could possibly be reproduced in history, a fair idea might be obtained of the vehement language which passed between that Lawyer, so opposed to profanity in any shape, and that pigstealer, fully alive to its adaptability to his wretched avocation.

Harris, on returning to court, was asked where was his client. He looked verj' much grieved while responding, and said in accents of sorrow that the scoundrel fled into the forest with deer-like swiftness. The justices and people did not regret his escape, as it relieved them of his presence, and the cost of feeding such a worthless, disreputable pig-stealer. Harris returned to Goshen tired of his journey, and there discovered that the desperate robber of porcines carried out his criminal deeds to the end by giving him a counterfeit bill.