Madison County, Indiana - Chapter 5, 1897

The L'ountv uas foniially organized Xoveinber, 1(1, 1823, at the house of William McCartney, within the limits of what is now the town of Pendleton, in accordance with the provisions of the foregoing act. The house of Mr., or ''Major"" McCartney, as he was usually called bv the early jiioneers, was constructed of logs and was situated on the lot where the Universalist Church now stands. It had two rooms, and in one of these the county was organized aiul the Hrst term of tiie Madison Circuit Court was begun and held. Joini Roberts, sheriff" of Marion county, who had been appointed liy the Legislature to conduct the organization of the county, was present to discharge the duties of his ofHce. The record shows that on this occasion "Samuel Ilolliday and Adam Winsell presented their commissions as associate judges, they having been appointed as such by the governor of the State, William Hendricks. On each commission was endorsed the certificate of John Kolierts. sheriff of Marion county, certifying that the person it was issued to had taken an oath to support the Constitution of the United States, the Constitution of the .State of Indiana, an oath of oflice. and also the oath against dueling." The ne.xt commission presented was that of Moses Co.x, as clerk, upon which was indorsed a certificate that he had taken the proper oath of office. Samuel Corv next presented his commission as sheriff" of the county, upon which was indorsed the proper certificate entitling jiim to enter upon the discharge of his official iluties. After these connnissions had been received, Sheriff' Roberts proclaimed that "the Madison Circuit Court is now open, according to law. "

After the court had been organized, it appears of record that " Daniel B. Wick is now admitted as an attorney and counselor at law at the bar of the court. And it appearing satisfactorily to the court that his license is signed by two of the presidents, judges of the .Stale of Indiana, aiitl that the oath prescribf J liv law is endor.sL'il there(.)n. he is therefore admitted as an attorney and counselor at law in this court."' Mr. \\^ick then moved "that Calvin Fletcher and James Gilmore be admitted as members ot" this bar as nttornevs and counselors at law." They were admitted, accordingl}-, after being sworn by the clerk, and their names enrolled as members of the Madison countv bar. These gentlemen have the distinction of being the first attornevs adinitted 1o practice their profession in the courts of Madison countv.

The next business of the court was the impaneling of a grand jury. The sheriff returned the venire issued to him by the clerk, and announced the names of the grand juiors as follows : Isaac Jones, John Rogers, Captain John Montgomery, Charles Tharp, Jacob B. Iliolay, Jacob Shaul, George Stockton, John Berry, Samuel \'angilder, John Russell, George Cunningham, Saul Shaul. John Montgomery. Henry Sybert, Nathaniel Richmond, Isaac Smith, Frederick Bronnenberg, Sr., and John T. Bridge, the last named being one of the men who was subsequently hanged for the murder of the Indians in what afterwards became Adams township. It will be noticed that eighteen names were announced by the sheritT, but it is probable that only twelve of the \enire served as jurors. John Berry was appointed foreman of this jury and James Gilmore prosecuting attorney by the court.

The first case on the docket for trial was that of Henry Nicholson vs. George Stockton, action and assumpsit, which was continued until the next term. The first case submitted for trial was that of Conrad Crosely \s. Andrew Sawyer, for slander. The case was tried by jurv and a verdict returned, but the clerk neglected to record it.

The first indictment returned bv the graiul jurv was against one of its own members, Jacob B. Hiday, for assault and battery. Mr. Hiday pleaded guilty to the charge and was fined six and one-quarter cents bv the court. This compleletl the business of the first term of the Madison circuit court.

The second session began on the ^th of April, ]t<l'4.at the house of William McCartney, the business being conconducted b>- the associate judges, in the absence of the president judge.

Oliver II. Smith, afterwards elected United States Senator; Charles H. Test, Lot Bloomfield, James Bloomfield, James B.,and Martin M. Ray, Josiah F. Polke, Philip Svveetzer and William R. Morris were admitted to practice in this court. The grand jiuvat this term consisted of Amasa Alakepeace, Saul Shaul, William Young, Aloses Corwin, John Suman, Isaac Williams, Samuel Hull, and James Montgomery. Amasa ^Makepeace was selected as foreman of the jury. After the jury had been empaneled, the prosecuting attorney, James (iilmore, asked that the court appoint Cyrus Ferich as assistant prosecutor, which was accordingly done. It was this grand jury that returned bills of indictment against John T. Bridge, John Bridge, Andrew Sawyer, James Hudson and Thomas Harper for tiie murder of the Indians, to which reference has before been made. Two witnesses. Andrew Jones and Stephen Sawyer, were required to enter into bond in the sum of with approved security, for their appearance in court to testif}- when the indicted parties should be tried. The indicted men, excepting Harper, had been arrested and imprisoned in a jail built of logs hewed square, so that each timber fitted close to the one upon which it rested. There was but one door and no windows in the structure. It was guarded night and day from the moment the murderers were placed within its rude walls. That the wants of the guards were not neglected appears from the following order of court : " Thomas McCartney is allowed tiie sum of $5 for furnishing whiskey and corn for the use of the guards.'" The following order was also made at this term of court: " Charles Tharp is allowed the sum of $i^5 for impaneling a jury and holding an inquest on the bodies of certain Indians found dead in Madison county."

Iinmedi;itely following the eiiiibling act of the General Assembh- authorizing the organization of the county, John Berr}'. one of the first settlers to locate at Anderson, made a proposition to the commissioners, designated in the act, to meet at the house of William McCartney on the first Alonday in September, ]82;5, and select a seat of justice ; to donate certain lands at Anderson for that purpose. What the conditions of this proposition were are not known, but it is evident that they were not satisfactory to all concerned, as the commissioners met as directed and considered the matter, but failed to select a county seat.

Li the meantime justice was administered at Pendleton, by the Associate Judges. Madison county was within the limits of the Fifth Judicial Circuit, the president judge being Hun. William \\'. Wick. The Associate Judges for the county, at that time, as has been stated, were Samuel HoUiday and .Vdam Winsell. Subsetjuent legislation placed the county in the Third Judicial Circuit, and Judge Eggleston became the President Judge, presiding at the trials of Sawyer and the Bridges, father and son, for the murder of a number of friendly Indians, an account of which is given in a separate chapter elsewhere in this volinne. Hudson, the other murderer, was tried before Judge Wick.

Bat for various reasons there was more or less dissatisfaction concerning the continuance of the seat of justice at Pendleton, and steps were again taken to re-locate the county seat, as we find that at the session of the legislature of 182-") - (5 a supplemental act was passed for the purpose of disposing of the matter. The act, which was approved January US, ls2(i, is as follows : of Shelby county; Klisha I^ong, of Henry county, and Daniel Heaton, of Hamilton county, be, and they are hereby, appointed commissioners, to re-locate the seat of justice of Madison county. The commissioners aboye named, shall meet at the house of Moses Pearson, in said county, on the first Monday in June next and shall proceed to locate the seat of justice of said county under the proyisions of the lau's regulating the fixing ot the seat of justice in all new counties hereafter to hi' laid oft'.

Section I^, of said act provides that tin- circuit an<l all other courts of said county shall be held at the house of the said Moses Pearson, until suitable accommodations can be hail at the county .seat, when all the courts of said count\' shall be remo\ed thereunto.

'J'here \yere several other sections of this act. in one of which reference is made to the donation of "John Herry and others to said county at »\ndersonto\vn, in said countv.'' The section annuls and re\okes all previous proceedings witli relerence to the donation of land for a seat of justice.

But it is dnulitful whether an\ thing was accomplished l)y the commissioners under this act, as we find that an act was passed by the succeeding legislature and approved January 2('), 18:27, giving atithoritj' for the re-location of the county seat. This was the last act of the legislature concerning the matter, and is as follows :

Sectiox 1. 15c it enacted, etc., tliat \\'illiani Shannon, leremiali K. Li-nicm ami William C. Blackmore, of Hamilton county ; Moses Prewitt, of Shelby county, and John Thompson, of Marion county, be, and tliey are hereby appointed Commissioners to re-locate the seat of Justice of Madison county. The commis'-ioners aboye named shall moet at the house of John Perrj- (Berry), in said county, on the third Monday in May next, and proceed to locate the seat of justice of said county agreeably to the provisions of an act entitled, "An act to establish seats of justice in new counties.'" approved January 14, 1Sl'4, and the act amendator}' of tlie .same approved December Ji), ISi'.").

The Commissioners named in the above act met at the house of John Berry, in -- Andersontown," on the third Monday of May, \^'21, and pursuant to the authority vested in them, proceeded to relocate the seat of. justice. The proposition of John Berry was received, and the terms being satisfac-

The main provisions of John Berry's proposition are st-^ foith in the deed <!;i\en by him and his wife, Sally, dated Novendjer 7. lb-!T, to "\\'illiani Curtis, the county agent appointed lor the purpose. The tract of land conveyed bv Berr\' anil his \\ ife is described as follows : " Commencing at the southeast corner of lot No. Iti. in the southwest sipiare in the town of Andersontown ; thence north witji Meridian street to the northeast corner of lot No. 1, in the northwest Sfiuare of said town; thence east to ^\'hite river; thence U]> saitl river, at low-water mark, until a line running a due soutii course till it comes parallel with tlie south end of Meridian street, will contain thirty acres, being pai t of the southwest quirterof section 1 1?, town lU north, of r.uige 7 east * * so long as the town aforesaid continues to be the permanent seat of justice of Madison county * '" * and in considerati(Ui of lot No. 7. in the north front of Andersontown, in said county, the leceipt whereof is herebv acknowledged.

The l)Oundarv lines of this donation circumsci ibed the site of Chief Anderson's village, but was resurveyed by order of the Roard of Commissioners, in hSi^U, by Samuel C. Woodworth and Xormon Way, the origitial survey having been found to be imperfect. The land thus given to the coiuity for a seat of justice is now the most valuable in the city of Anderson, embracing as it does all that part of the citv east of Meridian street between I'^ighth and Eleventh streets to the river. ^\!ong with the donation of land a subscription was raised among those w ho faxored iXndersontown as the count}' seat, but the amount sul)scribed is not known, neither the names of the subscribers. It appears, however, from the records of the Commissioners' Court that the subscription amounted to several hundred do-llars as an entry concerning the building of a iail states amoitg other things that " the Board agrees to appropriate the sum of iji^tlO, according to the conditions of a subscrijition signeil at the January session of this Board for I.Sl'O." The laud donated was divided into lots, platted and sold for the purpose of erecting public buildings. An order made by the Board of Justices at their September terin, 1828, reads as follows: "Ordered that Samuel Cory be allowed the sum of -i!.") as an additional allowance fi'i' xvliiskv and crying the sale of lots in Andersontown." Another sale of lots took place April 1, 18:^1), after the town had been resurveyed b)-

Woodworth and Way. The record with reference to this sale reads : Ordered, that Bricknell Cole be allowed the sum of $8.]2A for crying the last sale of lots at Andersontown, and for whisky furnished for said sale.

At that early day, and indeed for a quarter of a centurv later, it was customary on important occasions in this and other new states to dispense liquor to the public. In fact, there were but few- " gatherings "" aside from those of a religious character at which there was not a jug or two of liquor to stimulate the feelings of those in attendance. At houseraisings, log-rollings, corn-shuckings, during harvest and at political meetings, the " little brown jug" usually cut an important figure. Without it there was an absence of that joyous spirit with which the early pioneers usually entered upon undertakings of " pith and moment." And yet, be it said to the eyerlasting credit of the men who first peopled this great county, that notwithstanding the hospitable customs of their time, but very few of them indulged to excess in intoxicating liquors. They ^yere hardy, sober, honest, industrious and generous, and whatever shortcomings they may have had, their character will not suffer when brought into comparison with the men who ha\e followed them thus far or who may follow them hereafter. Their manners were hoinel}' and in keeping \yith their surroundings, but their ways were honest and their faults were of the head rather than of the heart. We of today may be superior to them in manj- respects, but it will be generally admitted that from the standpoint of morals we ha\e made no improvement on their time. Their descendants have no cause for shame perusing their historj', for there is but little doidDt that they would not have achieved the same triumphs or have been so successful under similar circumstances. They were preeminently the men for the time and the herculean undertaking of subduing the wilderness. That they succeeded, the fruitful lields and fair homes of the county abundantly attest.