Madison County, Indiana - Chapter 30, 1897

Chapter 30

One of the funny occurrences in the old Court House was a case in which a man was on trial for a criminal offense and his case had gone to the jurj- for the finding of a verdict.

The case was one of some importance, and the counsel on either side had done their best in the trial and argument in the case. There was much speculation after the jury hud retired as to the result. The jury hung for a day and a night without coming to an agreement, and this added to the anxiety of the situation.

Joseph Jarrell, an old citizen, and one whom all oldtimers will remember, who lived in Pipe Creek township, and who was a familiar figure around the Court House during the sittings of the court, was on the jury.

John C. Jones, e.\-mayor of Anderson, who then lived in Boone township, was also a member of the jury. These two gentlemen were renowned " seven up "' players, and after the jury had exhausted all means to agree upon a verdict, it was determined that the case should be decided by Jarrell and Jones playing a game of three best out of five of '"old sledge.'"

The game began and was evenly contesteil until it stood two to two, with even points, when " Booty '" turned Jack in the last deal, and won for the prisoner his liberty.

Mr. Jarrell was a lieartv laugher, and was so overjoyed that he fell backward from a stool on which he was sitting, and laughed so hard that he could be heard several squares from the court house.

The verdict was immediately made up and returned in open court, but it was kept a secret from the judge and members of the bar for manv months, as to how the decision was arrived at.

Captain W. R. Mveks Called Down

Captain W. R. Myers, who was for many j'ears an honorable member of the Madison county bar, had his ups and downs, ins and outs, experiencing about the same routine that other lawyers have who have gained prominence in their profession.

At one time he was called to the country to try a case before a Justice of the Peace in Lafayette township, in which nearly half of the citizens of that locality were engaged on one side or the other.

The case was a very important one and a jury was demanded. The Constable was sent out over the township, and a jury of twelve men "good and true" were procured who were duly empaneled and sworn, and the trial began, lasting until late in the night.

The Captain made one of his finest efforts and felt sure from his standpoint that he had won an ea.sy victory over his opposing counsel. The jury, after receiving a charge from the [ustice, who delivered it in a most dignified manner, retired for deliberation.

It was no time until they returned with a ^erdict against Captain Myers' client. This entirely unnerved the Captain, and he immediately made a motion to " poll ' the jury. To this the opposing counsel objected ; Myers insisted, when the court broke in: "Captain Myers, take your seat, I know these men and this jury ; they are my neighbors : they are honest men, they don't need any polling, and they're not going to be polled either, do you understand?"

There was nothing left for the wily Captain to do but to quietly sink back in his seat and take his "medicine. ' The counsel on the other side enjoyed the fun at Myers' expense, and lost no time in telling it to his friends on their return to .Vnderson.

In the trial the Captain doubted very seriously whether he hail m-ade a case. When the evidence was all heard. Captain Myers arose in a very dignified manner and said :

People talk about the dignity of court officials of to-day. They seem to think there is too much red tape and useless formality about our courts of justice. They think tiie gooil, old fellows who held the reins a\vay back were not so formal ; that their manners were simplicity personified; that no sucii thing as leaning on the dignity of official position prevailed in the days of our fathers. This is a mistaken idea. One of those sedate old fellows, when he got into a position, took all the pains in the world to show it. It was his delight to let the world know that he was one of the great men of tiie country, and it wouldn't do to '- monkev "' with the court in those days. If you did, you would get your foot in it. There was no delicacy with those old chaps about exercising their '- prerogatives."' "Ten, ninety,'' would not settle the bill : they would send vou to the bastile.

As an instance, by referring to the old court records of September, 1882, it will be seen that one Daniel Harpold was one of the Commissioners of Madison coimty. It was then, as now, the duty of the sheriff to attend the sessions of the Commissioners' Court. The court was not supposed to be in legal session without the sheriff's presence.

" Good old Daniel," it seems, was one of the stifl'-backed, old fellows who wanted every thing done up according to law. lie presided in court like a king on his throne, and displayed all the dignity of a present-day judge of the Supreme Court. When the session was about to be convened, Daniel discovered that the sherifY was absent. Then Daniel " kicked." He would not set as a Commissioner in the absence of the sherifl". The plain letter of the law was that the sheriff must be there, and nothing else would do, so the court had to adjourn until the sheriff could be brought in. The followinfr order of :idjournment was made :

" Daniel Harpold, one of the Commissioners of Madison county, now refuses to set as a Commissioner at this term, because the regular sheriff' of the county, or a legular deputy from the hands of the sherifl" is not present to attend to this Board. Henry P. Davis is, therefore, ordered by this Board to open this court and adjourn the same for the present, wherefore the said Daniel Harpold then took his seat as a Commissioner."

If a County Commissioner of llie present day was to rear back on his dignity on such a \\ himsical cause as the above, he would be " dumped" at the ne.xt election. Xo, sir 1 the old patriarchs ha 1 as many whims and oddities as people of to-day.

The more you look back into the olden times, the more you will see that human nature has always been the same. " Man," as Josh Billings has said, " has had one eye on the main chance and the other on the collaterals." Early customs dift'er somewhat from those of the present time, but the same principles and selfish motives lived in the breasts of those old fellows that do in those lii'ing now. The present generation is not wholly to blame for its short-comings, for they are hereditary and were handed down from the early settlers of the country.

The last Madison county Agricultural Society dates from 1868. The first fair was held on the grounds in September of that year. James M. Dickson, James H. Snell, John F. Wildman, Col. Wni. C. Fleming, William Crim, Dr. Joseph I'ugli and A. B. Kline were among the most important stockholders. A. B. Kline was secretary, James H. Snell, general superintendent and John P. Barnes, treasurer, which officers weie also members of the directory. At the first fair a great crowd was in attendance, and the whole snap was a howling success. The stock was away above par, and scarce in the market. During the progress of the fair a good, old, Pennsylvania- Dutch farmer concluded that he woulil save a quarter, and climbed over the fence. Some one saw him and reported him to the marshal, who immcdiatelv placed him under arrest and brought him before the directors on the charge of " beating his way in." The Board assembled in solemn session to try the oflTender. Kline was selected as judge advocate to try the case and determine what penalty should be imposed. Either the grand success of the fair, or some other cause, had braced Kline up to the full importance of the occasion. He appointed ]im " Snell to interrogate the defendant, who did his work well. Tiie evidence was all heard, and the judge a^ked the defendant if he had anything to saj' upon the subject.

" Veil, Al., you know as I has knowed vou a long vile, and vou know I did not mean anv ting wrong. I vash not know dat I vash ' preakin' " through your rules, and I dink as you vash besser let this matter drop, and I pav my fare and I not do so no more."

" Well,"' said Kline, " it is true, as you say, that you have known me for a long time, and I must confess tiiat, after our long acquaintance. I am greatly pained to be called upon to sit in judgment on this case against you. It is a serious charge, and while mv personal feelings are in your favor, and it pains me deeply to think you guilty of such an oft'ense, yet my official position will not allow me to swerve an inch toward my personal feelings in this matter. After hearing all of the evidence, the judgment of this court is that you are guilty, and your sentence is that you be publicly shot by a committee of the stockholders to be selected bv the marshal."

The woe-begone look of the man would have been a tine subject for the pen of an artist. He thought his doom was sealed. After a piteous appeal to his friends on the Board, they interceded for him, and persuaded the court to suspend the sentence. He was released on his good behavioi'. and always paid his way into the fair thereafter.