Greene County, Indiana - Chapter 13, 1875

(?/(N 1849,- the only new officers ^^ elected were Augustus S. Rhodes as Prosecuting Attorney ; Jesse Rainbolt, Associate Judge, and Andrew Humphreys, Representative in the State Legislature.

Judge Rainbolt was an early settler in what was known at that time as Center township. He was one of the leading and be3£ citizens, and .continued in that office until \t was abolished. He lived to be quite an old man, but died a few years ago. This was the first appearance of Mr. Humphreys on the political arena. He is still living and in the prime of life. When first elected, he was not regarded as above the average of members of the Lower House ; but, being a man of strong, practical cdmmon e^tlsd? has profited by hia years of experience. He has been in public life a great many years, either in the State or under Federal appoint' ment, and is now regarded as one of the most sensible men in his Congressional district. He is now State Senator, and is regarded as one of the leading members of that body. Perhaps the greatest thing that Mr. Humphreys has a right to be proiid "of, is. that he has "sent to grass" in political combat, so many of the most talented and popular men of the opposite party, among whom were Marcus H. Shryer, R. H. Rousseau, H. H. Throop, E. E. Beasley, H. L. Livingston and Judge Thomas Mason; and that none, except Judge Mason, have ever made the "honors easy" with him. This year, the majority of the voters in the State, voted in favor of calling a convention to adopt ft new constitution for the St^te : and, in 1850, at the general election, delegates were elected to the Constitu^ tional Convention. Many personss were anxious to' send a man thef e who was well acquainted with constitutional law, and, at their urgent re^ quest. Hugh L. Livingston became fi candidate. The people, however, preferred another man, and elected Thotoas Butler. Mr. Butler was a pioneer in the earlysettleraent of the country, was one of our best citizen?, and a man of fair ability in the ordinary business actions of life ; but he could not be regarded os a very great expounder of constitutional law ; yet he was always attentive to his duties, and, at his post, voting right.

At thia electron Judge- Lester Wag again elected Judge of the Probate Court, and held the office until it was abolished. William J. Mcintosh was elected Sheriff, and Joseph Lyons, Treasurer.

William]* J. Mcintosh Aras one of the very early settlers in the county. We occasionally see an article from his pen on early times, and they are appreciatetl by the f)eople. He wa3 elected for three sttccessjre timen, and at neither did he receive a party pndorsement. He is emphatically a man of the people. While Sheriff he dischar«:ed his duties with fidelity and ability, and that amid the most trying scenes in the county. Mr. Mcintosh is a very entertaining Btump-speaker. We see his open countenance occasionally, and it always does us good.

Joseph Lyons was, in many re* spects, a remarkable man. He was a rery early settler in the county, having first settled near what is call* cd the Ore branch, in Richland township. He afterward moved to Beech Creek township, where he resided until he wa« elected Treasurer. He was remarkably popular with all the f>eople, and especially so with his poitical opponents. So popular was he with persons opposed to him in politics, that party leaders were unable to carry the party strength against him. Perhaps no man has ever lived in the county who was more gener* ous and liberal to -the poor. In the dark days of the Republic, when civil war raged in the land, and when so many were called to the tented field, he displayed such liberality in relieving the wants of the destitute as enshrined him in the affections of many of the people, \yhile Treasurer, he was in the habit of passing and assuming the taxes for many persons, and often gave receipts in full, when only part was paid, trusting to the honesty of the person to pay him. He said that they generally paid him, but occasionally they would not. On one occasion, a taxpayer came in, on his way making a trip, and found that he lacked two or three dollars of having money enough to pay his tax, and requested Mr. Lyons to give him a receipt for the tax, and promised that he would call in, on his return, and pay the balance. Mr. Lyons gave him the receipt in full, but the man failed to call on his return. Mr. Lyons, supposing he had forgotten it, let it rest for a month, but seeing him one day, asked him if it was convenient fof him to pay the little balance on his tax. The man, drawing on an air of amaxement, said : **That little tax? I thought I paid my tax - however, the receipt will show." Mr. Lyons did not manifest indignation, liko many persons would have done under the circumstances, but smilingly submitted to the evidence of the receipt.

We might truthfully say of Mr. Lyons, that he he was ''generous to a fault." In his death, charity lost one of her most willing votaries. " Though I speak with the tongues of men and of angels, and have not charity, I become as sounding brass, or a tinkling cytnbal."

In September, I80O, Hiram Bland was indicted for murder. He was charged with the murder of William Walker. Contrary to the usual prac* tice, and in opposition to the opinion of one of his attorneys (Major Livingston), he entered upon his trial at that term of court. The State was represented by A. L. Rhodes, and the defense was conducted by George G. Dunn and H. L. Livingston. It was a clear and aggravated case of murder. He murdered his victim in daylight, for revenge. The main effort in the defense was to save the defendant's life. He was found guiltv, and sentenced to be hanged by the neck, on the 15th day of Kovember next, following. This is the only case in our county where the accused had the death penalty pronounced upon him. On the 28th of October, 1850, at night, the defendant broke jail and escaped. He was concealed near his house, and did not make an effort to escape from the county. Great efforts were made to find him, but for a long time they appeared unavailing. His hiding place was finally revealed, and on the 2d day of January, 1851, he was retaken. At the April term, 1851, a motion was made for a new trial, and aflfidavits were r^ad contradicting several partlculara in the testimony that was Siven in by the State on the trial. Mr. George G. Dunn made a powerful effort to procure a new trial, but it was unavailing. The court pronounced judgment that he should be^ hanged on the 25 th day of April following. On that day an immense concourse of people assembled to witness the execution, but it was postponed until the Supreme Court could review the decision of the Circuit Cottrtv The Supreme Court affirmed the decisioh of the Circuit Court, and Mr. Bland expiated his crime at the gallows, about the middle of June ifollowing. On that day, another large body of men, women and childrtn assembled to witness the execution. The gallows was erected on the level plain, about two hundred yards southwest of Colonel Stough's mill, and from it the unfortunate man waa suspended by the neck. William J. Mcintosh was Sheriff, and conducted the proceedings with great credit to himself. The gallows was left standing for quite a number of years - in fact, until it fell from decay. One thing that no doubt contributed largely towards bringing about the death penalty in this case, was the turbulent character of the accused. He and several brothers were powerful men physically, and when drinking were very quarrelsome and dangerous ; when not under the influence of liquor, as a rule, they were Then this trial came off when the public mind was excited at the very highest pitch. It is utterly impossible for jurymen to be different from other men. All persons become excited over a sudden and seemingly unprovoked murder. If the advice of Major Livingston had been taken, and the case had been continued one term, the probabilities are that after the first burst of excitement abated, the jury would have sent him to State prison during life. There are various views on the subject of capital punishment. Many urge that it is a relic of barbarism, and rncompatible with the spirit of an enlightened civilization. Others say that it is an ordinance of God : " That whoso sheds man's blood, by man shall his blood be shed," and that man has no right to change it. Then the answer comes that in the early ages of the world, God waa the civil ruler of the people, as well as the moral governor, and that, occupying these two relations toward man, two classes of laws were proclaimed by Jehovah for man's government. That one class waa proclaimed for his civil government, and one for his moral government* That while man has no right to repeal, change or modify the laws pre scribed for his moral government ; yet, when Grod surrendered to man the right to enact laws for his civil government, it carried with it the right to change the laws enacted for bis civil government ; and, therefore, he had a right to change the law on the subject of punishment for crime. The laws under this rule that man would have the right to change, are such laws as prescribe a punishment to be inflicted by man. Where the punishment for a violation of a law was to be inflicted by God, then maij would not have the right to change the law.

Under this rule, the law-making power would have the right to prescribe such punishment for murder as they saw proper. Perhaps our law is the best that could be adopted on the subject ; that is, to allow the jury to inflict either the death penalty or imprisonment for life.

Among the boys who were born in early times in our county, many Jiave gone to other States. Some have gone up into the cold regions of Minnesota, and seme to the sultry plains of Texas. Some have gone to the golden slopes of the Pacific, and others to the classic banks of the

Hudson. In nearly all the intermediate States a few Greene county hoYs can be found. Some have attained wealth and others have been followed by poverty. From the immediate neighborhood of'Eloomfield there have gone out quite a number to break the bread of life to fallefi man. The first that we can remember was Rev. Anthonj^ Kobinson, a son of one of the very earliest settlers. In late vears. Rev. R. L. Cashman, Rev. William Turner, Rev. W. T. Ferguson, liev. B. F. Gavins, and Rev. Wilson Quillen. All these trere sons of early settlers. About] fortyfive or forty-six years ago, a boy "vras born on the farm now owned by John Miller, Sr., who deserves great credit for what he has achieved in the literary and scientific world. It was Dr. T. A. Eland. He lived and w^orked on the farm until he was twenty-one years old, with very few facilities for education. While a boy, he exhibited great fondness for books - especially historical works - and was a frequent borrower from his friends in town. After manhood he acquired a -good education, and has devoted much time to literature and science, and has been eminently successful. He established the Indiana Farmer, the most popular journal in the west that is devoted to agriculture. He has been a constant contributor to the Ladies'' Own, a popular magazine edited by his accomplished and talented wife, M. Cora Bland. In his case, the words of our Savior, " That a prophet is not without honor gave in his own country," has, to some extent, been realized, for the reason that as a lecturer he was always more honored and better apppr^ated in the east than in the west. He noif resides in New York, and is in the" prime of life. He addressed the old settlers' meeting at Blot)mfield, a few years ago.

Soon after the adoption of the pres^ ent Constitution of Indiana, the Probate Court was abolished, and the Court of Common Pleas was organiz* ed in its place, with increased jurisdiction. At that time the Circuit Court had no jurisdiction over misdemeanors, and the consequence M-as that the' Corfimo'Tt Pleas Court wag crowded \7ith insignificant neighbor hood quarrels. ' At the Srst tertu,- everything was in considerable confusion, growing out of the beginning: of the new system. A large numter of witnesses had been subpoenaed to attend the first day to investigate State cases, and the result was an unusual large numb'ef of persons were in attendance upon courts 1vha usually know a great deal about .the violators of law. Several days were consumed in investigating trivial misdemeanors, and in sorfie cases,- a large portion of neighborhoods were present. Various pers&ns were passing their opinions upon the relative merits of the old Probate and the new Common Pleas system* One old lady had attended court day after day, until her patience became entirely exhausted, and she was thoroughly disgusted with the manner of distributing justice. At last, she gave vent to her overflowing indigtia-' tion and disgust, and said : "I don't believe there is any more justice in this Court of Common Sprees, than there was in the old Crohate .'" In time, the Common Pleas Court haa passed away.