Greene County, Indiana - Chapter 11, 1875

^^(^Sf'IME whereof the memory of (Op man runneth not to the contrary," it has been &aid^ reiterated and very generally believed that "murder will out." And hundreds and, perhaps, thousands, of instances have been related in which the most energetic efforts for years to discover the murderer, have been - baffled ; yet, in tinae, some circumstance, perhaps trivial at first, would lead to the discovery. So uniformly has this been true, that whenever a murder has been discovered, even though shielded by what then appears to be an impenetrable mystery, almost every one says, " Well, it will leak out; murder will out ;" and generally it does leak out. Often the truth comes slow ; it may be link by link, until the chain is formed thafc encircles the guilty one. There was a case in our county that for thirty j-^ears has been a secret - a mystery. That is, no one is certain who the guilty party is, and the people have in turn urged different theories in regard to it.

murdered near a public road, and her body dragged some thirty or forty yards farther into a thicket of woods, and was laid out and covered with sticks and brush. Only one person murdered her, and it was consummated after a gi^eat struggle, as the tracks of the struggle were plainly visible, and the tracks of the murderer dragging her to the place of her concealment, and the tracks fleeing from the scene of the crime. She was murdered in daylight, between eleven o'clock, a. m., and one o'clock, P. M., and it was done by breaking her neck. The strong probability was that it was done before twelve o'clock. Her body was found next morning, before daylight, and an inquest was held on that day, at which hundreds of people attended. The people flocked to the scene from ten and twelve miles away. Suspicion rested on three persons, and each of the suspected parties was required to put his foot in the track (the track was of a bare-foot). One person suspected was the brother-in-law of the deceased, Peter C. Graves; but he came promptly to the track, and it did not fit him, and, besides that, he could prove that he svas at another place all day at work.

A mute by the name of Christopher Nations was also suspected. He was plowing on a farm near the place of the murder on that day. When he was required to put his foot in tJie track, he evidently did not understand the object of their action, and struggled against putting his foot in the track. He was charged with the crime before a Justice, and tried and bound over to the Circuit Court, but no indictment was returned against him. Paris C. Dunning, R. H. Rousseau and L. H. Rousseau prosecuted the case, and Hugh L. Livingston defended. There were two boys working in a field adjoining the field in which Mr. Nations was working, and they knew that Mr. Nations was not out of the field until after one o'clock on that day J but tiiey were too young to be witnesses under the law at that time. One of these boj^s was William G. Sergent, who now resides in Bloomfield, and remembers the affair distinctly. He was eight years old at the time, and saw Nations the whole time, from eight o'clock, a. M., until after one o'clock, P. M.

The third man upon whom suspicion rested was James Graves, husband of the deceased. Three men joined in an afiidavit against him before William 0. Hicks, a Justice. The case was fully investigated, and the defendant was found guilty and remande<l to the custody of the Sheriff. H. L. Livingston prosecuted the case, and Mr. Dunning and the Rousseaus defended. He was taken out of the custody of the Sheriff by Avrit of habeas corpus^ and after investigating the case before the associate Judges of the Circuit Court, was recognized to court and admitted to bail. No indictment was ever found against him. A A OQC^ -f

In the investrgitidri OTTOCTsharges, there being no doubt about the deceased being murdered, the attorneys for each party tried to show that some one else perpetrated the crime. The attorneys fo-r Mr. Graves tried to show that Mr. Nations committed the murder, while the attorneys for Mr. Nations tried to show that Mr. Graves had committed the crime. The only evidence oi\ the record in the case is a written admission signed by the attorneys on the trial of the case against ^Nations. The admissions were that on the trial of the habeas corpus case of James Graves, that it was in proof that he (Graves, the husband of the deceased,) was at home on the turn of twelve o'clock on the day of the murder, and was pulling weeds in the garden, and had his little child with him. Also, that it was in proof at the same time, by Franklin Hodges, that on the same day, about two o'clock, p. M., he (Hodges) heard some one hallooing, and that he went out from the field where ho was plowing and saw Graves about three hundreil yards from the i jilace where the body was found next morning. That Graves AViis standing in the road, and had his littie child in his arms, and stated that he sent liis little girl to Mr. Dneagt's to hunt for her mother, and that he oIro stated that Phocbahad gone that morning to Mrs. Nations', and that he Buppo»ed that »be had gone to Dueast's from Nations', and that Graves -was hallooing for his wife and little daughter, and that said GraTes returned home.

The theory of those who believed James Gravcg to be guilty, was, that he lelt home at about eleven o'clock, A. M., and his wife left Mrs. Nations' ---bout the san>e time. That they met in the rtfad at a point near the place of the murder, and that the struggle comrocaced in the road, and that they straggled about forty or fifty yards from the road, where her neek was broke». That after concealing the body, tie defendant then returned home arjd yemained there until neir two o'clock, and then took his i ifant child back to a point near the scene of the murder. This theory was supported by the evidence offere I by the State, acd by all the motions and actions of the accused. A <laughter of the deceased stated that he left homo at eleven o'clock, with u curse upon his tongue against his wife, and thc.tcstimeny of Mrs. Nations was that the deceased left her house at eleven o'clock,, saying that she must go home to get din&er.

The defendant proved by the woman he afterwards married, that he was with her at another place during the whole time in which it was probable that the murder was committed. It is a little wonderful, from all the circumstances connected with this case, that it was not more fully investigated.

For years after this, persons would hint that something was wrong, and this same Frank Hodges would publicly denounce Mr. James Graves as a murderer. Three years after this unfortunate circumBtance,Mr. Graves, appealed to the court for redress for what he claimed to be injured innocence, and he sued Mr. Hodges for slander lor accusing him of murder. Mr. Hodges, by his attorneys, in his answer, justified his words by saying they were true, and alleging that Mr. Graves did murder his wife, and he prepared to make his charge true. When the issue was thus presented, Mr. Graves dismissed his suit, and the matter rested there. Soon after this suit was terminated Mr. Graves left the county and took up his residence elsewhere.

Perhaps if all ihe parties connected with or suspected of the crime had remained in the locality, it might have leaked out, but the probabilities arc that no additional evidence will ever be revealed. We do not know that any of the parties are livinsr. It may be that they -have all met before a tribunal whore there is no dissembling of witnesses or error of Judge.

The ofiicers for 1843 Were the same as the year before, except that Jamrs YanSlyke was gheriif, William Mason, Treasurer, Franklin P. Stark, Assessor, aiid John R. Stone, Probate Judge. John F. O'Neall was returned to the Legislature, ar.d Mr. Quick wa« Prosecuting Attorney.

James VanSlyke was a sen of Peter C. YanSlyke, and must haveeeme to the county in 1819. He was very popalar with the people, and was elected to office several times. He was first elected m 1842, at which time there appears to have been several early settlers who were w illing to serve the people in that capacity, there being nine candidates for Sheriff. Judge Stone was an early setitler in Burlingame township^ and held many positions ef trust in his township before hewas elected Judge. During his judicial career he had the reputation among members of tlie bar of deciding his cases right. Sometimes he would not decide just at once, but would take a case under I adviseinent when it. was not clear.

runl would think ovei* it in a calm hour, and then he AVoUld almost uniformly decide the casp correctly. He ^vas one of out best citizens, and had one virtue in an eminerit degree that many persona are sadly deficient in - he was true to his friends. During this yertr two students Wefe admitted to the State CniVetslty from Greene county, being the Bfecond and third students from the county to that university, so far as we are able to learn. They Were Aden G. Gavins and L. B. Sextoti. The hist named is a son of Judge Sexton, and, altho' hot very well knoAVn by the name of L. R, yet ii3 well known all over the county by the name of Boone Sexton. In addition to being a number one man, he was probably the beit nntured taan within the limits of oldBurljn* game tow'nship, except Wash. Hat* field, who must be the best Uatured man in the county="or, at least, he was forty-two years ago. In addition to Wash, being the best natufed man and being generally clevef and a very old settler, he can make the best gun, kill as many oi* tnore deer, sing the best song, and can repeat more of a speech from memory than any man in the county. The first year after he came to the county, he killed one hundred and sixty deer, and during the first twelve years of his residence in the county, he killed, with one gun, thirteen hundred deer. It is hardly probable that any other man how living in the county has killed as many. Altogether he has killed over three thousand.

In 1814, John F. Allison was elected Senator, L. H. Rousseau, Repre* SGntative, and Alfred L. Kutch was elected a Commissioner. The other county ofiicers were the same as the year before. Mr. Kutch was re-elected as Commissioner for several terms in succession. He catue ,from Monroe county in an early day, and settled in the neighborhood of the place where he now resides. He was regarded as a superior Commissioner, always looking toward the finances of the county and obsei'ving propef economy. lie has been a successful farmer, and is universally esteemed as a good citizen and Christian gen* tlemah.

Frederick Memorin^, an old citl* zen of the county, received his natU" ralization papers, having etaigrated to this country in 1^39. There waa great political excitement during the year. George G. Dunn and Dick Thompson were among, and, perhaps, the leadincTj champions of the Whig cause in this part of the State, and James Whitcomb and I^aris C. Dunning were among the leading cham* plons of the Democracy.

Robert Wafren received his naturalization papers, having emi;^rated in 1887 ! and before this time his father and his brothers, John and William, moved to this county, all of whom made good citize'ns. Several strangers were admitted to practice law this year, Alanson J. Stevens, Francis M. Williams, Joseph B. Ciu'* nahan, and Darid K. Smith.

The members of the bar must have been considerably demoralized this year, if we may form an opinion from the number of indictments returned against them for assault and battery and riots.