Fayette County, Indiana - Chapter 7: The Courts and Civil List, 1885

Chapter 7: The Courts and Civil List

CIRCUIT COURT - THE BRADBURN TRIAL - PROBATE COURT - COURT OF COMMON PLEAS - ASSOCIATE JUDGESPROBATE JUDGES - SHERIFFS - CLERKS OF THE COURTS - RECORDERS - AUDITORS - TREASURERS - JUSTICES OF THE PEACE - COUNTY GOVERNMENT AND EARLY PROCEEDINGS - COUNTY COMMISSIONERS.

Tlie first term of the Circuit Court was held in Connersville, beginning May 3, 1819. Present, John Watts, President Judge; Train Caldwell and Edward Webb, Associate Judges for the County of Fayette. John Watts produced his commission as Circuit Judge of the Third Circuit of the State of Indiana, on which was endorsed the oath of office.

William W. Wick, James Noble, John Test, William C. Drew, D. J. Caswell, James B. Ray, James Rariden and Nathaniel French were admitted to practice as attorneys and counsellors at law in this court.

William W. Wick was appointed Prosecuting Attorney for the county, and took the oath of office. Isaac Johnson was admitted in gratia for the present term to practice as attorney and counsellor at law.

John Conner, Sheriff of the county, returned into coart the following named grand jurors for the present term of court: William Helm (whom the court appointed Foreman), Joseph Minor, Nicholas Reagan, Allen Crisler, Oran Stoddard, Jacob Case, Sr. , Nicholas Pumphrey. Otheriel Swim, Anthony Emily, Paul Davis, James Webster, John Perrin, James Brownlee, Martin McCray, John Wilson, John McCormick, James Bolton and George M. Smith.

John Alexander Dailey was admitted by the court as an attorney and counsellor at law on his producing a certificate of his having had a license from the Territorial Government of Indiana Territory, and to him were administered the several oaths required by the constitution and the laws of Indiana.

trover." It was a motion to discharge defendant from bail on the ground that the affidavit was bad. The motion was sustained and he discharged.

The first jury trial was that of a case of debt. The jury was composed of the following named: Archibald Johnson, Stephen Sims, Jehu Perkins, Giles Ford, John Rees, James W' hite, Absalom Burkham^ Robert Royster, John Miller, Robert Alexander, Alexander Hathaway and Samuel Bell. John Rees was Foreman.

The verdict was for the plaintiff. "It was then considered by the court that the plaintiff do recover of defendant the sum of $80, the amount mentioned in said plaintiff's declaration, with interest thereon at six per cent per annum from April 12, 1818, until paid, besides the costs and charges."

At this term of the court there were more than a dozen cases on the docket, nearly all of which were cases for debt, and the greater number of them were disposed of, and pretty generally in favor of the plaintiffs.

There were two indictments for assault and battery, both of which were disposed of, one pleading guilty and was fined |1 and to pay the cost of prosecution; and in the other case the court ordered "to quash the indictment."

One case for divorce came up and was settled in favor of the plaintiff. The attorneys in this case were William W. Wick for the petitioner, and Daniel J. Caswell (especially appointed) in opposition.

This term of the Fayette Circuit Court was held at the house of George Reed, located on what is now Central Avenue, west side and second door south of Fourth Street. The sum allowed Mr. Reed for the use of the house was $12.

. ana, " thus speaks of his recollections of the early courts of the Third Judicial Circuit, of which the county of Fayette comprised a part:

" The Third Judicial Circuit included what was then (about 1820) known as the Whitewater country, and extended from the county of Jefferson north to the State of Michigan, some 200 miles in length, and from the Ohio line on the east, to White Kiver, some seventy-five miles west. The country was new, sparsely settled, and being on the western frontier, the towns and villages were filled with Indians trading their peltries, wild game and moccasins ornamented with the quills of the porcupine with the settlers, for calicoes, whisky, powder, lead, beads and Buch other articles as met their fancy. The population of the country embraced by the circuit was a hardy, fearless and generally honest but more or less reckless people, such as are usually to be found advancing upon the frontiers from more civilized life, and consequently there were more collisions among them, more crimes committed calling for the action of the Criminal Courts, than is common in older settled and more civilized parts of the older States.

" The judiciary system at the time referred to was like the country in its infancy. The Circuit Court was composed of a Presiding Judge, elected by the Legislature, who presided in all the courts in the circuit, and two Associate Judges, elected in each county l)y the people. These ' Side Judges,' as they were then called, made no pretensions to any particular knowledge of the law, but still they had the power to overrule the Presiding Judge and give the opinion of the court, and sometimes they even ' out-guessed ' the President, giving the most preposterous reasons imaginable for their decisions, as in one instance, that a writ of scire facias to revive a judgment, would not lie unless it was sued out within a year and a day. The decision of the Associates was affirmed in the Supreme Court, for other reasons, of course. The com-t houses were either frame or log buildings, arranged to hold the court in one end and the grand jury in the other, the petit jury being accommodated in some neighboring outbuildings. The Clerks had very little qualification for their duties; still they were honest, and the most of them could write more legibly than Rufus Choate, United States Senator. The Sheriffs were elected by the people as they are now, and seemed to have been selected as candidates on account of their fine voices, to call the jurors and witnesses from the woods, from the doors of the court house, and their ability to run down and catch offenders. The most important personages in the country, however, were the young lawyers, universally called ' Squires ' by old and young, male and female. Queues were much in fashion, and nothing was more common than to see one of these young ' Squires ' with a wilted rorum hat, that had once been stiffened with glue in its better days, upon his head, from the back part of which hung a queue three feet long, tied from head to tip with an eel skin, walking in evident superiority, in his own estimation, among the people in the court yard, sounding the public mind as to his prospects as a candidate for the Legislature. There were no caucuses or conventions then. Every candidate brought himself out and ran upon his own hook. If he got beat, as the most of them did, he had nobjdy to blame but himself for becoming a candidate; still, he generally charged it_ upon his friends for not voting for him, and the next season found him once more upon the track, sounding his own praises.

"The court rooms in those days were prepared and furnished with much simplicity, and yet they seemed to answer all the purposes absolutely necessary to the due administration of justice. The building generally contained two rooms, the court room being the larger, at one end of which there was a platform elevated some three feet for the Judges, with a long bench to seat them. These benches were very substantial in general, sufficient to sustain the most weighty Judges, yet on one occasion the bench gave way, and down came three fat, aldermanly Judges on the floor. One of them, quite a wag, seeing the ' Squires ' laughing, remarked, ' Gentlemen, this is a mighty weak bench.' The bar had their benches near the table of the Clerk, and the crowd was kept back by a long pole fastened with withes at the ends. The crowds at that day thought the holding of a court a great affair; the people came hundreds of miles to see the Judges and hear the lawyers 'plead,' as they called it. On one occasion there came on to be tried before the jury an indictment for an assault and battery against a man for pulling the nose of another who had insulted him. The court room was filled to suffocation; the two Associate Judges were on the bench; the evidence had been heard and public expectation was on tiptoe. All was silent as death, when the young ' Squire,' afterward Judge Charles H. Test, arose and addressed the court: ' If the court please - .' He was here interrupted by Judge Mitchell from the bench, ' Yes, we do please. Go to the bottom of the case, young man, the people have come in to hear the lavryers plead.' The young Squire, encouraged by the kind response of the Judge, proceeded to address the jury some three hours, in excited eloquence, upon the great provocation his client had received to induce his docile nature to bound over all legal barriers and take the prosecutor by the nose. All eyes were upon him, and as he closed. Judge Winchall roared out, ' Cap- ital! I did not think it was in him!' The jury returned a verdict of 'not guilty,' amid the rapturous applause of the audience. Court adjourned, and the people returned home to tell their children that they had heard the lawyers 'plead.' "

Among the lirst of the great tragic trials in the State of Indiana was that of Dr. John Bradburn, of this county, on an indictment for murder, at the time Oliver H. Smith was County Prosecutor for the State. The facts of the case were briefly these: " Dr. Bradburn was an eminent surgeon, a man of great muscular power, and of the most indomitable personal courage. I have scarcely ever seen a more athletic man, and I never knew a man of greater bravery. He lived some four or five miles from Connersville. In general the Doctor was highly respected, but it seems that he had giveQ some real or imaginary cause of offense to several young men of equal respectability in his neighborhood, who took it into their heads that they would take the Doctor from his house in the night, ride him on a rail to the water and then duck him. The Doctor by some means got wind of what was going on, and prepared lumself with weapons for defense, among which was a long dissecting knife with two edges. The young men, unaware of his prejjaration, fixed upon a dark night to carry their pilans into execution. Capt. Robert L. Broaddus was selected as their leader. About 12 o'clock at night the party silently approached the dwelling of the Doctor and tried to open the door, but found it fast. The Doctor was in bed in an adjoining room, wide-awake, with his large knife under his pillow, cool and prepared. The outside party placed an iron crow-bar, which they had brought with them, under the door, threw it off its hinges and entered the room, carrying with them the ropes prepared to tie the Doctor before they took him from the house. In the meantime the Doctor remained silently sitting upon his bed, with his knife in his hands. The room was dark. The party advanced, feeling their way, until the foremost, young Alexander, about eighteen yeafs of age, reached the bed, when he received a fatal stab with the knife, turned, rushed to the door, stepped out, and fell dead in the yard. Not a word was spoken. The next, young Caldwell, about twenty years of age, ad vanced, evidently not knowing the fate of Alexander, until he came within the grasp of the Doctor, when the fatal knife was thrust through bis side, penetrating his heart. He uttered a loud groan, turned, fled to the door, passed a short distance into the yard, fell and died near the body of Alexander. The groan of Galdwel) alarmed the others, who immediately retreated for the door, pursued by the Doctor, and one other of the party received a severe but not a mortal wound. Capt. Broaddus told me that at one time the Doctor was between him and the door, and as he passed to go out the Doctor struck at him with his knife, and just grazed his side. It was very evident that but for the groan of Caldwell not one of the assailants would have left the house alive. Such was the awful tragedy at the house.

"The young men killed were of the very first families of the county; indeed of the State. The excite ment was intense; the Doctor gave himself up, and was put in jail. While the inquest was sitting over the dead bodies he was calm and composed, and stated all about the transaction, and I have no doubt truthfully, for he was a man of truth, although his life was at stake. He had been my client, and on this, the most trying occasion of his life, he insisted that I should defend him. I told him I was the Attorney of the State. ' You get but $120, a year, and I wil' give you $500 for this case alone.' I, however, at once told him that no fee could induce me to forsake the State at such a juncture, and declined further conversation with him. He sent to Brookville for John T. McKinney to defend him. The court met; the grand jury found a bill for murder; the trial came on; the facts substantially as stated were proved, with the admission of the Doctor. The court house was crowded with an excited population; Gen. McKinney made a strong speech in the defense, bu^ it evidently fell upon unwilling ears. My closing speech was again and again applauded by the crowdt and the applause as often reprimanded bj' the court and the Sheriff. It was evident that the jury and the audience were with me, and had the case gone to the jury without any charge from the court. Doctor Bradburn would have been illegally convicted, I have no doubt. But Judge Eggleston, as we say, had the 'closing,' a last speech, and nobly did he sustain his high character as a Judge on that occasion. He took up the case calmly, but firmly; examined its principles, and laid down the law of self-defense, or excusable homicide, that governed the prosecution, step by step, until, I am satisfied, there was neither lawyer, juror, nor bystander in the court room that did not acquit the prisoner before the jury left the box. The jury retired but a few minutes and returned a verdict of not guilty, on the ground of selfdefense. So ended this long-tobe remembered case in old Fayette."

[We had desired and hoped to be able to give an account of the awful tragedy pictured above as it appeared, written at the time of its occurrence, in the neighboring press. Though diligent search has been made for files of papers that might contain it, they have not been found. The tragedy took place on what was known as the Isgrig farm, located on Lick Creek about mid-way between Connersville and Harrisburg, on the night of May 27, 1825, - the night of the day on which was a general muiiter at Harrisburg. The names of the young men killed were Nesbit Alexander, and James Caldwell, each being in the twentyfifth year of his age. We learn from Uncle Joseph Caldwell, a brother of James, that Mr. Smith is mistaken in regard to the circumstances of Caldwell's death. Young Caldwell received a stab just below the right nipple, when he rushed through the house, hallooing as he went, "Knife, boys!" which alarmed the others, causing them to retreat. He ran some fifty or one hundred yards to a fence near by, and from there was taken by the other boys to the house of Samuel Dehaven, where he remained several days, then was removed to the home of his parents, where Joseph Caldwell now resides, where he died June 3, 1825. William Caldwell, a cousin of James, was another of the party who received a wound from the knife. With this exception the circumstances of the tragedy as given by Mr. Smith are believed to be about correct. The Whiter. ]

Probate Codrt

Until the year 1829, the business of the Probate Court was transacted before tlie Associate Judges of the county. The- first session of this court was held at Connersville before Train Caldwell and Edward Webb, Associate Judges of Fayette County, beginning on the 26th day of April, 1819; present also were Jonathan McCarty and John Conner, Clerk of the Courts and Sheriff of the county, respectively. The first business was transacted on the following day, when appeared William and Morgan Vardiman, administrators of all goods, chattels, and credits of John S. Vardiman, deceased, and produced and exhibited an inventory of the appraisements of the goods, chattels, and the estate of said John S. Vardi. man, deceased, as appraised by William Callon and Abraham Bays, which was ordered filed in the ofiice of the Clerk of the Circuit Court; and the inventory of the sale of said decedent's estate, which was exhibited by the administrators as sold by them on the 26th of February, 1819, was by the court ordered recorded and the original filed in the Clerk's office.

The business of this court was first transacted before a Probate Judge in September, 1829, when Philip Mason appeared as such officer (producing his commission September 7). Mr. Mason was succeeded by Justice Wright, whose name is first mentioned in this connection at the August term of court, 1834, and

Court Of Common Pleas

Under the constitution of 1850, the business of the Probate Court was classified with that of the Court of Common Pleas, which court was formed by the new constitution of 1850, the first term of which court was convened at Connersville in January, 1853, with John S. Reid on the bench, as the first Judge of the Court of Common Pleas. Mr. Reid discharged the duties of this office until the December term of the court, 1860, when he was succeeded by Jeremiah M. Wilson, who served until the spring term of court, 1865, then succeeded by John F. Kibby. Mr. Kibby served until 1873, when the business of this court and that of the Probate Court were thrown into the Circuit Court.

Associate Judges

1819-20, Train Caldwell, Edward Webb; 1821, Edward Webb, and until July 1821, Train Caldwell, when succeeded by William Helm; 1822-24, Edward Webb, William Helm; 1825, Edward Webb, and until the fall term of court, William Helm, when succeeded by James Brownlee; 1826-27, Edward Webb, James Brownlee; 1828-32, Edward Webb, William Miller; 1883-36, Edward Webb, John Treadway; 1837, Edward Webb, and until March, John Treadway, when succeeded by Stanhope Royster; 1838-39, Edward Webb, Stanhope Royster; 1840-46, Edward Webb, Jeremiah A. Wilson; 1847-51, Joshua Mcintosh, John Scott.

Probate Judges

Philip Mason, September term, 1829, succeeded at the August term, 1834, by Justice Wright, who served until the office was abolished by the constitution of 1850.

Clerks Of The Courts

1819-27, Jonathan McCarty; in December, 1827, Gabriel Ginn was appointed Clerk pro tern by the Associate Judges, McCarty having resigned; Septem-

Justices Of The Peace

A complete record of the persons who have served as Justices of the Peace in Fayette County seems not to have been kept, yet several fragmentary records are found in the court house, from which, together with such names as appear on record, as serving in that capacity, through the various records of the county, the greater number of Justices of the county from its organization can be given, and are set forth in the following list. Where it can be shown, the date of commission, or the date each was qualified, or took the required oath of office, and the sub-division of the county to which he belonged, are given:

At the meeting of the first Board of the Justices of the Peace of the county held September 6, 1824, were present Moses Fry (Connersville Township, and who was in office at the time of his death in 1834), Daniel Skinner (Waterloo), Manlove Caldwell (Posey), Jacob Goodlander (Harrison), Robert D. Helm, Daniel Noble, Justice Wright (the latter of Connersville),

County Government And Earlt Proceedings

The first Commissioners of the county of Fayette were Basil Roberts, Harod Newland and John Tynor. Their first meeting was held in Connersville, on Monday, February 8, 1819, at which the above named Commissioners were present. However, no basiness was transacted, for " it appearing to the Board that no Clerk ha"! yet been appointed for the county, and there being a probability of the Clerk elected for the county being commissioned shortly, it is ordered that this Board adjourn until to-morrow morning at 9 o'clock."

In pursuance to the above the Board again assembled on the following day, when were present the Commissioners named and Jonathan McCarty, who pi-oduced his commission as Clerk of the Fayette County Circuit Court, and the following business was transacted: On motion it was ordered that the county of Fayette be divided into five townships, namely: Columbia, Connersville, Harrison, Brownsville and Jennings. Their boundaries were given, which will be omitted here and given in the township histories.

It was ordered that the following named persons be appointed Inspectors of elections in and for the different townships: For Connersville Township, Marks Crume; Columbia, Morgan Vardiman; Harrison, Joseph Dale; Brownsville, Richard George Paris; Jennings, Hugh Bell.

It was next ordered that there be two Justices of the Peace allotted to each township, to be elected in their respective townships on the first Monday in March next; the Sheriff to give notice of the same.

Ordered the following persons be appointed Constables in their respective townships: Abraham Bays for Columbia Township, one year; Joel White for Jennings Township; John McCormick, Connersville Township, one year; Reason Davis, Harrison Township; Joseph Gassett, Brownsville Township.

This completed the business of the day. February 10, the Board appointed Adariah Morgan Lister for the county for the year 1819 (the bond required of him was $1,500). Newton Claypool was appointed Treasurer of the county, and required to give a bond of two good free holders security in sum of |2,000. John McCormick, Sr., and John Tynerwere appointed Overseers of the Poor in Harrison Township for one year; Abiather Hathaway and Nicholas Reagan for Connersville Township; Noah Pumphrey and John Conner, Columbia Township; James Haughan and Athariel Sims, Brownsville Township; Joseph Vanmeter and Samuel Bell, Sr., Jennings Township.

Jonathan McCarty was authorized to contract for and procure a seal to be made of copper or brass with the following letters engraved thereon: " Indi- ana, Fayette County, B. C," which said seal when BO procurecl and approved by the Board shall be known and used for the common seal of the Board of County Commissioners.

In May, 1819, A. Morgan was allowed $60 for his services as Lister of the county for the year. William W. Wick was allowed $20, the sum granted him by the Circuit Court for Prosecuting Attorney, at the May term of court.

May 11, 1819, it was ordered that the following tavern rates be charged by the tavern keepers in the county : For every i pint of French brandy or wine, rum and

In May, 1819, it was ordered that a tax levy for county purposes for the year 1819 be as follows: On each horse, mare, colt, mule or ass over the age

In November, 1819, Jonathan McCarty was allowed $30 for his annual allowance as Clerk to the Board of Commissioners for the year 1819. In February, 1820, Benjamin McCarty was appointed Lister of the county for that year; and for his services was subsequently allowed $64.

The Associate Judges were generally allowed $2 per day for their services. In June, 1820, James C. Rea was appointed to take the census of the county, for which he was allowed $2 for each 100 persons.

The following statement exhibits the condition of the county treasury in November, 1820, on their settlement with Newton Claypool, the County Treasurer:

The first marriage license recorded after the organization of the county, was that of Stephen Philpott to Rebecca Hawkins. The date of the issue of the license was February 9, 1819. The marriage was solemnized by Rev. Adam Banks.

The first deed recorded in the county was an indenture made January 31, 1819, by Paul Davis, and his wife Margaret, of Connersville Township, Franklin County, Ind., on the one part,'and James Davis, of the same township, county and State on the other part. It was the conveyance of the south half of the northeast quarter of Section 21, Township 14, Range 12 east, and the consideration was $80. The transaction was acknowledged before John Perin, a Justice of the Peace, January 31, 1818, and recorded March 23, 1819, by J. C. Reed.

The first will recorded was that of the last will and testament of George Kirschman, deceased, of which record was made in the court house, August 26, 1819.

The Clerks of the courts of the county from its organization to 1841 were also the Clerks of the Board of Commissioners. In 1841 the office of Auditor was created, and since that time the Auditor of the county is also the Clerk to the Commissioners.

Co0Nty Commissionees

1821 - Basil Roberts, John Tyner, Stanhope Royster, Harod Newland, James M. Ray (Newland was succeeded in May by James M. Ray, who was appointed until the August election, and was succeeded by Royster).

1822 - Basil Roberts, Stanhope Royster, Samuel Vance; the latter having been appointed to till a vacancy caused by the death of Tyner, was succeeded in August by Jonathan John.

In 1824 a Board composed of the Justices of the Peace from the several townships was substituted for the Commissioners, one of the Justices being chosen by the Board as President. From September of this year until November, 1827, the county was so governed, during which period the Presidents of the Board were as follows:

1852 - W. W. Thrasher, A. T. Beckett, and until November Daniel H. White, when succeeded by William H. Huston (Thrasher was succeeded in December by Joseph Dale).

1872 - Hiram B. Langston, Ezra Martin, and until June John Beck, when succeeded by William A. Holland. (Langston was succended in November by John Spivey.)