Posey County, Indiana - Chapter 5, 1886

Chapter 5

History of the Bench and Bak--First and Subsequent Sessions of THE Circuit Court - The Use of the Whipping Post - ProfessiONAi- Character of Judges and Attorneys - Nature of the Early Suits - Comparison of Old and Modern Court Methods- Murder Cases - Later Judges and Attorneys - Courts Under the New Constitution - Several Important Suits.

THE civilization of any people is indicated by the character of their courts and their methods of administering justice. Those nations, whether ancient or modern, that are distinguished for the wisdom of their jurisprudence, are also reputed as the most progressive of their times in whatever might enhance the welfare of mankind. The demands of civilization for order and, consequently, law, infinitely exceed those of barbarism. That government which enacts the best laws and enforces them with the least partiality, is always the best. It is the province of courts to interpret laws and to admiinister justice.

The methods of proceeding in any court are more or less complicated, and a knowledge of them, with a skill to apply that knowledge, has in all ages and nations been considered enviable and highly honorable. Lawyers have always occupied a front rank in public estimation, while the position of a judge is the most exalted in a government.

The courts and laws of America are modeled after those of England, where that unparalelled system, the common law, originated, and where it has attained its highest perfection.

The Circuit Couet

By far the most important of Indiana's judicial tribunals has always been the circuit court. At first this was held by one president judge, and two associate judges. The president judge held court in several counties, all of which constituted the circuit. Two associate judges were elected from each county. These circuit courts had jurisdiction in all causes both civil and criminal, and the associate judges for a while constituted a probate court in which all matters pertaining to the settlement of estates and guardianship were disposed of. A few years after the organization of the State government was effected, a probate judge was provided for in each county.

The first session of the Posey Circuit Court, began Monday the 20th day of March, 1815, and was held at the house of Absalom Duckworth. One of the most widely known of Indiana's jurists, the Hon. Isaac Blackford, was then presiding judge of the circuit that embraced the new county of Posey. His associates'in this county were, Thomas E. Casselberry and Daniel Lynn, two men who were prominent in the early affairs of the county. The sheriff was John Carson, and the clerk was William E. Stewart. The grand jurors were put to work at once by the court to inquire into the shortcomings of the citizens. That body was composed of these men: Nathaniel Munsey, William Waganon, James Robertson, Wilson Butler, Alexander Mills, John Stapleton, Adam Albright, John Aldridge, Samuel Aldridge, James Black, Seth Hargrave, Ezekiel Jones, John B. Stephenson, David Thomas, John Crunk and Matthew Adams. William Prince, one of the leading attorneys of this portion of the State, was appointed prosecuting attorney for Posey County, and the court was

The First Indictments

The grand jury was not long finding some business and the first indictment found, reads as follows:' "The .jurors for the United States of America, and the body of the county of Posey, upon their oath, present that "William Blizard, late of Casselberry Township in the said county of Posey, yeoman, on the 23d day of January, 1815, with force and arms, at the township aforesaid, iii the county aforesaid, two hogs of the value of $5, of the goods and chattels of Margaret Hall, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the United States, and the form of the statute in such cases made and provided."

The court then ordered that a scrawl containing the words "Circuit Court Seal, Posey County," be recognized as the seal of the court. William Blizard,] the defendant named in the above indictment, was arraigned and said he was not guilty, and "being asked how he would be tried, answered, 'by God and his country.' " The record of another indictment, against Shadrack Green, for killing seven head of hogs in the woods, completes the doings of the first day of court in Posey County. Upon the following day the trial of Blizard occurred. The jury, consisting of Nicholas Long, Daniel Miller, William Stephens, Joseph Fesler, John Barton, John Martin, Samuel Barton, Timothy Downan, John Ridenower, John McFadden, David Mills and James Duckworth, returned a verdict of not guilty, and the defendant was accordingly discharged.

The case of Green being called, he did not appear, and his recognizance was declared respited until the next term, and court then adjourned without day. The first session was at an end.

The second term began Monday the 19th day of June, 1815, with the same officers presiding, and still at the house of Absalom Duckworth. The first civil cause appears on the docket at this term, and is entitled Thomas Allen vs. Joshua Beard. It was am. appeal from Nathan Ashworth, a justice of the peace. The suit was originally brought by Beard on an account for blacksmithing. In the circuit court the cause was dismissed at cost of appellea The criminal charge against Shadrach Green was dismissed by the prosecuting attorney. The grand jury at this term returned indictments against Needham Blount, John Warrick, Meshack Green, H. and J. Eobertson and William and Julius Stallion. The one against Green was tried, and he was found guilty of marking hogs. This amounted to larceny in thdse days. It was the first criminal cause in the county wherein the defendant was found guilty, and his fine was fixed at $50, and he was to receive "twenty-five lashes on his bare back publicly between the hour of five and half after five this evening." The whipping post was then duly recognized in the United States as a proper means for the punishment of criminals.

The third term began at the house of Absalom Duckworth, Monday, October 16, 1815, with no change in the officers of the court. Davis Floyd and Elias Roberts produced satisfactory evidence to the court that they were legally authorized to appear as counselors and attorneys at law, and they were admitted to practice as such in this court. Henry Robertson was put upon trial for assault and battery and a jury, found him guilty of the assault and not of the battery, whereupon the court granted a new trial. On the following day he was tried again and "twelve good and lawful men" found him not guilty. The grand jury returned several indictments, and a few criminal causes were tried and disposed of. The sheriff reported that as the jail of the county was not yet built he could not procure a safe place to keep prisoners, and that he would not hold himself responsible for any escape of prisoners on account of the want or insufficiency of the jail.

This was the last term of Judge Blackford upon the bench of Posey County. Perhaps no other man was more instrumental in establishing the early courts of Indiana upon a correct and sound basis. When the State government was organized the Hon. John Johnson was made a member of the supreme court but his death occurring soon after, his position was filled by Isaac Blackford. Judge Blackford edited the first eight volumes of the decisions in that court, and they are more authoritative than are any other of the Indiana Supreme Court, and are quoted as authority in every State and nation where the common law prevails.

The Bab And Docket

ing attorneys practicing in the Posey courts: John Johnson, George E. C. Sullivan, William Prince, Mr. Douglas, Davis Floyd and Elias Roberts. Johnson was a citizen of Knox County and was already prominent in public affairs of the Territory. He was a member of the first Territorial Legislature that met at Vincennes, July 29, 1805. He was also a member of the first constitutional convention that assembled at Corydon, June 10, 1816, and was made a member of the supreme court. George R. C. Sullivan was one of' the leading attorneys of this portion of the State and his practice extended to every county in the southwestern part of Indiana. He too was a resident of Knox County, and is said to have been a Scotchman, although his name is a strong indication to the contrary. William Prince was an old resident of Knox County. It is said that in 1810, and probably before that time, he acted in conjunction with Francis Vigo, Tousaint Dubois, Joseph Barrow, Pierre La Plante, John Connor and M. Brouillette as messenger between Gen. Harrison and the prophet's town, and the principal villages of the Miami, Delaware and Pottawattomie Indians. On account of his influence with the Indians he was frequently employed on these missions of peace. As a lawyer he was a man of more than ordinary ability, and later became judge in this district. Concerning Douglas but little if anything is now known. Davis Floyd represented Clark County in the Legislature of 1805, and Harrison County in the first constitutional convention in 1816. He is described as a tall, dark complexioned man, with a heavy voice and rapid speech, and was especially skillful in the management of a case in court. He afterward became circuit judge in his district. Blias Roberts was a leading attorney in the Posey County courts for twenty years. As a solicitor in chancery he was more than ordinarily successful and it was in cases of this kind that he was most frequently employed. He was among the earliest resident attorneys of the county and took an active part in all matters pertaining to the public welfare. In 1819 he was appointed county agent, which place he held for a short time and then resigned.

The fourth session of the circuit court, and the first for the year 1816, began Monday, March 18, 1816. The place was yet the house of Absalom Duckworth. David Raymond appeared as president judge. William Prince resigned his office of prosecut- ing attorney, and in liis stead Davis Floyd was appointed. As usual the grand jury found a number of indictments and several criminal cases were tried. But little else was done at this term. A few civil causes were upon the docket, but none were tried. On the 17th of June, court again met at the house of Duckworth, but adjourned to meet at 10 o'clock of the same day, at the town of Blackford, the county seat. This it did. Thomas H. Blake and John Fletcher were admitted as attorneys. At the October term John Graddy appeared as associate judge. Kichard Daniels was appointed prosecuting attorney to act until the next term of the court on account of the absence of Davis Floyd.

In March, 1817, Judge Raymond was succeeded by William Prince as presiding judge of the Posey Circuit Court. Alexander Mills and Thomas Givens produced their commissions as associate judges, and took their seats. Richard Daniels was appointed prosecuting attorney for the county of Posey.

Slander And Other Cases

At this term the docket contains the first record of a case of slander in the county. It was entitled William and Rosannah Curtis vs. Samuel and Aaron Aldridge, George and Robert Graham, and John Bostick. It was brought for slanderous words spoken by the defendants against the virtue and character of the plaintiff. But the defendants in open court acknowledged that they knew nothing derogatory to the plaintiff's character or virtue, and the suit was dismissed at their cost. For several years, eases of this kind were prominent in the courts, and were often brought in the form of tresspass on the case. Some others were brought at this term of court.

Indiana had now been admitted as a State, and this was the first session of the circuit court under the new order of affairs. Litigation seemed on the increase, and people were becoming accustomed to the routine of the courts. During this term of the court, the names of David Hart and Nathaniel Huntington first appear as attorneys, and both afterward came to be eminent in their profession. The first appeal was taken to the supreme court at this term. It was a civil cause for "debt" between Arthur Green and Thomas Miller. The plaintiff obtained a judgment for $165, and the defendant appealed. G. R. C. Sullivan was attorney for the appellant. The first change of venue was granted at the June term, 1817. It was in the case of Thomas E. Oasselberry vs. Joshua Elkins, and at the plaintiff's request it was sent to the Gibson Circuit Court. The first civil cause tried by a jury in the county, was at this terra in an action for slander, wherein Francis Hopkins was plaintiif, and Anthony Griffen was defendant. The jury was composed of these men: Nicholas Long, William Greathouse, Thomas Booth, William C. Carson, Alexander Barton, John Lewis, Adam Albright, John Duckworth, William Givens, William Alexander, James Duckworth and James Todd, "twelve good and lawful men who, being elected, tried and sworn to try the issues joined, upon their oaths do say that we, the jury, do find the defendant guilty in manner and form, as the plaintiff in his declaration has alleged, and do assess his (the plaintiff's), damages to $1,000." It seems somewhat singular that the courts of any county should be organized for nearly two years and a half before a jury was called upon to determine a ciAril cause. Before this there had been many juries, but the records do not show that they were occupied in any but criminal trials. If they were, it was neglected to be so stated in the records. The civil cases had been determined by the judges, or by arbitration, before this time.

Grave Eobbing

At this term the grand jury found an indictment against T. Moore Park, a physician and resident of Mount Vernon. It charges that on the 11th of April, 1817, at the township of Black, in Posey County, the defendant "did dig up, untomb and carry away the dead body of a man, who was then and there interred by his friends, by the name of Peter Hendrix, and him, the said Peter Hendrix, carried from the graveyard in which he was entombed, to the evil example of all others in like case offending, against the good morals of civil society, contrary to public health, against good manners and against the peace and dignity of the State of Indiana." The finding of the dead body above referred to, in the barn of Dr. Park caused considerable excitement, and the feeling that grew out of it was the cause of two murders not long after. This case never came on for trial, as the indictment was quashed, and ere another session of the court began Dr. Park had fallen a victim to the anger he had excited. The indictment is in the handwriting of and signed by Eichard Daniels, the prosecuting attorney.

Admission Of Attorneys

The court convened in October of 1817, at Blackford, but at once adjourned to Springfield, the new seat of justice for Posey County. Judge Prince was still presiding. James E. E. Goodlett was admitted to practice at the Posey bar as an attorney and counselor. It was his, first appearance in the county courts, and two years later he was elected to the bench where he remained for more than a decade. This was the last term of Judge Prince, and in February 1818, he was succeeded by Hon. David Hart. At that time Jacob Call, who had been practicing in this court for some time, moved to have Charles Dewey and John Law admitted to the bar, and it was accordingly done. The May term, 1818, began on the 18th of the month, and there was admitted to practice James Dougherty and Thomas C. Brown.

First Indictment Pok Murder

On the second day of this term the grand jury returned an indictment against George P. Gibbons, otherwise George Gibbons, otherwise George Givens, for the murder of Thomas Moore Park. This is the first indictment for murder in Posey County, and is too long for insertion here. Divested of the superfluous and cumbersome phrases which the common law imposes upon documents of the kind, it charges that the defendant being a laborer and not having the fear of God before his eyes, and at the instigation of the devil, did on the 29th of March, 1818, feloniously, willfully and of his malice aforethought, strike and beat with an ashen club or stake the said Thomas Moore Park, in and upon the left temple, whereby a fracture of the skull was effected, a mortal wound, of which he, the said Park, did languish, and languishing did live one minute, and on the said 29th day of March did die of the said mortal wound. The indictment repeats the same charges in different words and phrases two or three times. The defendant pleaded not guilty and a continuance was granted from time to time until the June term, 1819, when it was dismissed by the prosecuting attorney. It is said that in the meantime the defendant had been killed. The circumstances were about as follows: At the same term of court Rachael Givens was indicted as an accessory before the fact to the murder of Thomas Moore Park, and it is charged that she offered a reward, publicly, to any one who would kill Park. It is further alleged that under the hope of gaining this reward, George Gibbons, alias Givens was induced to commit the murder. For the conviction of Eachael Givens the evidence of Gibbons was necessary. In order to get rid of so important a witness, Gibbons, who is said to have been an Irishman, was assisted to escape from the county jail. It is said that with his wife he was put into a small boat and started down the Ohio River. A jug of poisonous whisky was given him, and from that his death was caused e'er he had floated many miles down the stream. In this manner both the cases were disposed of. Thus from the ghastly crime of stealing a human corpse there resulted two willful and deliberate murders.

At the September term, 1818, WiUis C. Osborn, William Hoggatt and James A. Boise were admitted to the bar. It was at this term that the case of the State of Indiana vs. Edward C. Fitzgerald, alias Brown, was finally stricken from the docket. The indictment in this case charged the defendant with having stolen a large amount of bank notes, silver coin, and other property, from the store of George Rapp and associates at New Harmony, on the 13th day of April, 1817. This document is one of remarkable length, covering sixty pages of the legal paper used in those days, and was returned by the grand jury at the June term, 1817. Fitzgerald was at once arrested and confined in the log jail. He was tried and found guilty, but while waiting for the decision of the court on a motion for a new trial, he made his escape. The county had been at large expense in hiring guards to watch at the jail while he was confined there, and it would be interesting to know by what methods he succeeded in escaping. The indictment was signed by Richard Daniels, prosecuting attorney, and indorsed by William Casey, foreman of the grand jury. The. witnesses were John Shiver, Matthew ShoUy, Frederick Eckesparger, William Weir, Joseph Lockwood, John Baker, Francis

James, George Codd, EatlifE Boon, Dann Lynn, Wilson Butler, David Lawrence, Wright Stallings, Thomas D. Anderson, Daniel Akin and L. Baker. Eatliff Boon was then a resident of Warrick County, and afterward for several years a member of Congress from this district. The case was dismissed by the prosecuting attorney. At this term the grand jury reported that the jail was "sufficient to hold the prisoners without being confined with irons, and they may have the liberty of walking in both the lower rooms in daytime and be put in the back room every night, and all doors locked, and George F. Gibbons be allowed five blankets and a good straw bed." David Love qualified as clerk and recorder of the county, and James P. Drake as his deputy. This was the last term of Judge Hart upon the Posey circuit bench. In March 1819, he was succeeded by the Hon. Eichard Daniels, who had for several years been prosecuting attorney for the county. James P. Drake was "appointed clerk and recorder pro tempore and until another be duly qualified." William Prince was appointed prosecuting attorney for Posey County. Jephtha Harden, Henry F. Dulaney, William F. Mosley, Laban Jones, George W. Lindsey and Amos Clark were admitted to practice law in Posey County. At this term the first divorce case appears upon the docket. It was entitled Archibald Farr vs. Clarissa Farr. During the next term it was ordered dismissed at plaintiff's costs and that he stand in miseri cordia. At the June term, 1819, on motion of William Prince, Esq., General W. Johnson, Charles I. Battell and Samuel Hall, were admitted as attorneys and counselors at law for Posey County. In October following Eobert M. Evans was admitted.

Chabactbb Of Attorneys

There were now practicing at the Posey bar nearly all the foremost attorneys in southwestern Indiana, and some of them were afterward well known throughout the State. Concerning Judge Eaymond but little is now known. He was a man above ability and is said to have been a good lawyer. Eichard Daniel, although not a resident of Posey County, was for many years one of the most conspicuous figures at its bar. He was jnore than ordinarily successful and is said to have made criminal law something of a specialty. His home was in Gibson County, and his practice extended to all the adjoining counties. Judge

David Hart was marked for his uprightness and integrity as well as his ability. During his term upon the bench some of the most important of the early cases were disposed of. Of the attorneys at that time Thomas H. Blake was conspicuous, and one of the most widely known of southern Indiana. He was afterward circuit judge in his district, and his name appears for the plaintiff in the first case reported in the supreme court. In 1839 he was a candidate for United States Senator, -but was defeated by Albert S. White by a majority of only one vote. Charles Dewey was a resident of Harrison County, and a lawyer of high ability. He was on the supreme bench for some time. John Law lived for awhile at Vincennes, and later moved to Evansville. He was a native of New England and a man of good education. As an attorney, he was the peer of any in this portion of the State. He was chosen circuit judge and was for some time a member of Congress. Gen. W. Johnson was another citizen of Knox County and one of its earliest and most conspicuous men. He was educated beyond most men of his day, and in his make-up there was much of the romantic. Amos Clark was one of Posey County's early lawyers. His home was at New Harmony, where he engaged for awhile in merchandising. His ability was not of the highest order, and his success was mostly with a jury. Later in life he moved to Evansville.

Official Oaths

At the March term, 1820, James E. E. Goodlet produced his commission as president judge of the Fourth Judicial Circuit. It was signed by Jonathan Jennings, and dated at Corydon. On the motion of John Law, Charles I. Battell was appointed prosecuting attorney for Posey County. The oath which the law prescribed for a judge to take at that time contained the following: "That I have not since the 1st day of January, either directly or indirectly, knowingly given, accepted or carried a challenge to any person in or out of this State to fight in single combat with any deadly weapon, and that I will not give, accept or carry a challenge to any person or persons to fight with any deadly weapon in single combat either in or out of this State during my continuance in office." Ex- Judge Hart was admitted as an attorney and counselor at law. The associate judges at that time were James Eankin and Thomas Givens. In June following Charles

I. Battell was appointed master in chancery. At the same term the first decree of divorce was granted, the parties being Elizabeth Hirons vs. Samuel C Hirons.

Revolutionaky Soldiers

In October Daniel S. Bell was admitted upon motion of Blias Eoberts. By an act of 'Congress passed early in 1818, it was provided that all persons who had served in the Revolutionary war, and who were destitute and unable to earn a living, should receive certain assistance when the facts were properly set forth before any court of record. At this time two persons made application under this law. Cornelius Bradley was then sixtyfive years of age, and a weaver by trade. In March, 1781, he enlisted in the State of Maryland in the American Army for the period of one year. At the end of that time he was discharged in the State of New Jersey. He was in the battle of Monmouth under command of Gen. Lee. Thomas Flynn, aged seventyeight, enlisted in a Delaware company and served in the Revolutionary war on the American side. The schedule of his property wag as follows: "One heifer, worth |12.50, which he paid for with the money which he received from the United States Army; one horse, not paid; one broken kettle worth |1; one Dutch oven, borrowed; two old axes, $2.50." "He is a farmer, not able to follow it from great age and sickness; that he has eight in family, himself, his wife aged, not healthy of her age, able to support herself however; six children: Jacob, ten years, healthy; Polly, aged seven years, healthy; Augustine, four years, healthy; Charles Flynn, aged two years, not healthy; the last two, twins, Solomon and David, eleven months, not healthy." With such evidence as this, there can be but little doubt that he received the pension he sought. If he did not, it would be sufficient proof of a republic's ingratitude.

Other Practitioners

In February, 1832, Hon. Samuel Hall presented his commission as president judge, signed by Gov. Noah Noble. The associates were Andrew Cavitt and Samuel M. Reynolds. Judge Hall was a resident of Princeton. His knowledge of the law was deep and of the substantial kind, but as a practitioner he was not above the average. He lacked the fire necessary to influence a jury. In the convention that framed the present constitution, he was an influential member. .The record of the September term, 1833, contains the resolutions of the bar upon the death of James 0. Wattles, an attorney that had been for a few years playing a somewhat leading part in this court. He was a resident of New Harmony, where his death occurred and where he was highly esteemed. His descendants yet live in the county. During the decade of the twenties, several attorneys appeared at the Posey County bar, who came to be foremost in their profession. Some of them were afterward circuit judges, and some of them members of Congress. One, Archibald Dixon, of Kentucky, was United States Senator from that State. Another of these was John Pitcher, who took rank as one of the ablest lawyers of Indiana. At that time he was a resident of Kockport, in Spencer County. He was well educated and a hard student in the law. Whenever he became enlisted in a cause, he brought all of his energies to bear upon it. He was quick to comprehend a case in all its bearings, and his judgment was nearly always correct. These combined to make him a safe counselor. In addition to this he was a ready speaker, but his impromptu speeches were more fiery and impetuous than when he had made previous preparation. No one possessed a more bitter or withering sarcasm than he, and none were more skillful in its use. It is said of him that upon one occasion while addressing a jury he had occasion to use the Latin phrase, de minimum non curat lex. As he did so the judge, who was a well-known lawyer, told him to translate his "Choctaw" to the jury when he had occasion to use it. Pitcher went on with his address, and again used the phrase, "which," he added, "when reduced to the comprehension of the court, means, 'the law does not notice small things,' neither," he said, looking the judge squarely in the face, "do I." He was extremely forcible in his speaking, and at times became so eloquent and so impassioned with deep sentiment, that he carried both jury and audien'ce with him. His conduct in court was always dignified, and taken "all in all," he was such an attorney as all desired for an ally and dreaded as an adversary. He was prosecuting attorney early in the thirties, and was common pleas judge from January, 1853, to November, 1866. For many years he has been a resident of

At the August term, 1829, Eben D. Edson was admitted as a member of the Posey bar, where he continued to practice for many years, and where he was one of the leading lawyers. He located in the county about the same time, and continued here until his death. He was county treasurer from 1837 to 1839, and about the same time was prosecuting attorney for this judicial district. His practice extended to several counties in this portion of the State, and embraced a large number of both criminal and civil cases. In stature he was of medium height, and bordering on corpulency. He was a man with a better education than most members of the bar during his time. His ability as a lawyer was of that higher order which always attracts attention. As a speaker he was rather fluent, and at times eloquent. His pleadings show care and accuracy in their preparation. He was a member of the Legislature, and in that capacity served with distinction.

Late in the decade of the twenties there came to Posey County a man who was for nearly thirty years intimately connected with her history. This was George S. Green, who had graduated at West Point and had lived for awhile in Kentucky, where he was commissioned as captain by the governor of the State. He was admitted to practice in the Indiana Supreme Court in November, 1829. He was the best educated and most polished member of the Posey County bar. His memory was most remarkable for its accuracy, and his tastes were of a decided literary turn. His command of language was most excellent, but its flow was often impeded by his modesty. During his lifetime no one was more highly respected and esteemed by the people of the county than George S. Green. He held several important trusts for the public, and enjoyed an extensive practice. After a residence of nearly thirty years in the county his death occurred at Mount Vernon in 1857.

Contempt Of Court

On the 7th day of March, 1884, Judge Goodlett was fined twice for contempt of court in the sum of $5 each. Upon the following day the first order upon the records reads as follows :

"Now, here, because on yesterday in open coUrt, James E. E. Goodlett, an attorney of this court, threatened to do personal violence to Judge Hall, the only member of the court upon the bench at the time, and using to the said Judge Hall many opprobious epithets, and assaulting the said- Judge Hall with a chair, and attempting to do personal violence to the said Judge Hall in open court, it is considered by the court here that the said James a. E. Goodlett be committed to the county jail of the county of Posey for the term of thirty days ; and it is ordered that the said James E. E. Goodlett show cause at the next term of this court why he should not have his name stricken from the records of this court as an attorney thereof, and why he should not be perpetually prohibited from practicing as such in any of the circuit and inferior courts of the State of Indiana." At first the order imposing imprisonment was followed by immediate and peremptory suspension as an attorney, but that was modified as above. Upon an application to the associate judges for a writ of habeas corpus the above judgment was confirmed and Goodlett was remanded to the keeper of the county jail. The records of the same day contain the following: "The undersigned members of the bar of the Posey Circuit Court feeling highly indignant at what they consider a most flagrant outrage upon every principle of order and decorum as well as individual right in the late conduct of J. E. E. Goodlett, one of the members of said bar ask leave to express their abhorrence of such conduct by spreading the following resolution upon the memorials of the court:

Resolved, That the attack made by James R. E. G-oodlett, a member of the bar of the Posey Circuit last evening upon the Honorable Samuel Hall while upon the bench, and in the faithful and impartial discharge of his duty as a judge and a repetition of the same offense this morning is in their opinion without parallel in the history of our judicial proceedings, and for the honor of our country, our social, political and judicial institutions they hope may never occur again. They the more regret the circumstances from the elevated station which the offender has held in the community, and deem it their duty thus to express their abhorrence and indignation at such conduct.

Throughout this matter Judge Goodlett seems to have been CD the oflfensive. He followed the law for some years after this, although he is not a brilliant practitioner. He- was slow and deliberate, and lacked that readiness and rapidity so essential before a jury. He prepared his cases well, and in this manner made up somewhat for his lack of celerity.

At the September term, 1835, Charles I. Battell succeeded Judge Hall upon the bench. He had long been a resident of Posey County, having lived at Springfield while it was the seat of justice. He was a native of one of the Eastern States, and was fairly well educated. As a speaker he was not good, and he was more noted for being absent-minded than anything else. He remained upon the bench but a short time, and in March, 1836, was followed by Elisha Embree, of Princeton. Judge Embree was possessed of considerable ability, was rather a handsome man, and made a good impression. He was not a close read lawyer, but on account of personal attractions had a large number of friends. He continued as presiding judge of this district for ten years, and after that was elected to Congress. His successor was James Lockhart, of Evansville, who had been prosecuting attorney and was now a successful lawyer.

He, too, like his predecessor, was sent to Congress from this district. He resigned about the time of the adoption of the new constitution and Alvin P. Hovey, of Mount Vernon was appointed to fill the vacancy, His commission was dated May 31, 1851, and signed by Gov. Wright. His first court in this county was in March, 1852. He was admitted to the bar of Posey County, at the February term, 1843, and at the time of his appointment had been in active practice of the law but little more than eight years. He had studied in the office of John Pitcher while that gentleman was in the full vigor of his intellect. His early years had been passed in hard, manual labor, and in comparative poverty. At the time of his admission as an attorney, the Posey County bar contained some of its ablest lawyers, yet in spite of them he succeeded beyond what were, no doubt, his own expectations. As a practitioner he was fearless and energetic, but was not a brilliant advocate. His qualities were not of the dashing kind but were solid and substantial, and always backed with a thorough knowledge and prepare.tion of the cause he advocated.

His ability as a judge was of a high order, and sufficient to grasp the intricacies of law and solve them in harmony with justice and right. He retired from the circuit bench in May, 1854, and soon aifter became a member of the State supreme court. As a judge his dignity was always maintained with the utmost rigidness, and sometimes in almost an arbitrary manner. This naturally made the members of the bar entertain for him something of a lukewarmness. Judge Hovey's disposition was better adapted to rule upon the supreme bench than at a nisi prius court. For more than thirty years he has been one of the most conspicuous men of Indiana, and during the civil war the patriotic devotion of Gen. Alvin P. Hovey to the cause of the Union was excelled by none. He became a Major-General.

The next judge of the Third Judicial District was the Hon. William E. Niblack, a man who has for several years past been an important member of the Indiana Supreme Court. At that time he was a resident of Dover Hill, in Martin County, and was quite young to be called to so important a position. He was then without experience in the law beyond a few years' practice in his own county. Notwithstanding this he succeeded in being a good judge. Where he lacked in legal learning his extraordinary good common sense came to his aid and enabled him to administer equity if not law. He was kind and affable, honest and upright. These qualities made him many friends, and after leaving the bench was sent to Congress for several terms.

Judge Niblack' s successor was Ballard Smith, a resident of Cannelton, in Perry County. He was, perhaps, the most polished man that has ever been upon the Posey bench. He was well educated and somewhat literary in his make-up. In addition to this, he was an able lawyer and rather a brilliant practitioner. He afterward moved to Vigo County and became a leading member of the Terre Haute bar. His first term in this county was in March, 1858, and in April, 1859, he was succeeded by M. F. Burke, of Washington, in Daviess County. He was of Irish descent, and possessed many of the sterling qualities of that race. With a ready mind, an abundance of resource, a free and impetuous eloquence, he was one of the best of advocates. A change in the judicial districts brought William F. Parrett, then of Boonville, in Warrick County, to the Posey Circuit bench in

September, 1859. For the succeeding ten years he continued to direct the course of justice. His successor in March, 1869, was James G. Jones, one of the ablest lawyers of the Indiana bar. As a chancery solicitor, he was not excelled by any in the State. His memory was superior to that of most men, and served him with unerring accuracy in the trial of a cause. His high ability won for him the office of attorney-general of the State.

David T. Laird became the next judge of Posey County, which was then a part of the Fifteenth Circuit, in April, 1871. Judge Laird is now, as then, a resident of Eockport, in Spencer County. His ability is not of that higher order which makes the possessor conspicuous among men, yet he was universally esteemed a good judge and an upright man.

In March, 1873, Judge Parrett was again called to the bench, and he has continued to occupy that position ever since, and it is probable that no one has filled it with more ability, dignity and satisfaction than he. His education was obtained at the Asbury University, and for a time he was local preacher in the Methodist Episcopal Church. His eminent success as a nisiprius judge, is largely due to his quick and ready perception of the real issue in a cause, and his ability to divest it of all the sophistry of attorneys, thus giving the jury a clear understanding of the points they are expected to decide upon. Indeed this is a faculty that is most essential to a successful judge. Judge Parrett has, for a number of years, been a resident of Evansville.

Courts Undek The New Constitution

Under the new constitution, the courts of Indiana received a radical change in 1853. In the circuit court the associate judges were dispensed with, and their ermine was folded away for all time, while a single judge was left to guide the course of justice. Alvin P. Hovey was then upon the bench, and under him the courts of the district were organized. Many of the old common law proceedings were dispensed with, and a new code was established. This code has been in force since the 9th of May, 1853. At that time the remains of John Doe and Eichard Eoe who had from time immemorial, been familiar to every lawyer, and had supplied a legal fiction in actions for the recovery of real estate, were forever buried beneath the reform in pleading and practice. The new law provided that every cause should be prosecuted by the real party in interest, and upon the real party complained of. John Doe and Richard Roe were mythical personages who had so long appeared in the common law as plaintiff and defendant, that the memory of man runneth not to the contrary. The alacrity with'which John always stepped in to vindicate the alleged right of the man out of possession, and the equal promptness of Richard to insist that the man in possession was the lawful owner and entitled to retain his possession, were such as to inspire respect for these knights-errant of the common law, and parting from them caused feelings of regret. With the abolition of these fictions and a modification and simplification of many of the terms by which land was held in feudal times, much of the intricate learning of the old common law has faded away and now become mere matter of history. Those who had studied the common law, and by long years of practice had become thoroughly imbued with its principles, admired it for its grandeur, wisdom and equality, and because it embodied the right principles of social and political economy. It had been founded upon the wisdom and experience of ages, and its admirers stood in awe when any attempt was made to prune it of even the smallest branches. Many of the old practitioners regarded the change as sacrilege and never became reconciled to the change, and some went so far as to abandon the practice forever. Notwithstanding this, there is little doubt that the practice of law in Indiana has been greatly improved by legislation. All that class of contentious cases known as "trespass on the case," "case," "assumpsit," "trover," and many others of a similar nature passed out of sight, and litigation went in a smoother channel.

Under the old Territorial Government the associate judges of the county had jurisdiction of probate matters and this power was extended to them after the organization of the State government. Soon afterward a separate probate court was established with a judge in each county. These courts continued under various modifications until the establishment of the court of common pleas, when jurisdiction in probate matter was transferred to that court a*d the probate court abolished.

Court Op Common Pleas

jurisdiction of all that class of offenses which did not amount to a felony, except those over which justice of the peace had exclusive jurisdiction. State prosecutions were instituted by affidavit and information. Under certain restrictions this court had jurisdiction over felonies where the punishment could not be death, and in no case was the intervention of grand jury necessary. In all civil cases, except for slander, libel, breach of marriage, action on official bond of State or county offices, or where the title to real estate was involved, this court had concurrent jurisdiction with the circuit court where the sum or damages due or demanded did not exceed $1,000 exclusive of interest and costs, and concurrent jurisdiction with justices of the peace when the sum due or demanded exceeded $50. When the court was organized appeals could be taken from it to the circuit court, but that was afterward changed, although appeals could be taken to the supreme court, and its jurisdiction was from time to time enlarged. The clerk and sheriff of the county officiated in the common pleas as well as in the circuit court. The judge of this court was ex-officio judge of the court of conciliation. The court of conciliation had jurisdiction in actions for libel, slander, malicious prosecution, assault and battery and false imprisonment and extended to questions of reconciliation and compromise only. No attorney was allowed to appear for his client in this court, but the parties were required to appear before the judge apart from all other persons. This branch of the court was abolished in 1867.

The first common pleas court held in Posey County was on January 3, 1853. John Pitcher was judge, a position he held until November, 1866. A. S. Robinson then held the office one year and was succeeded by Morris S. Johnson. Upon the death of Judge Johnson, William P. Edson was appointed in November 1871. He held the office until November, 1872, when John B. Handy became judge and continued such until the court was abolished early in 1873. -

Perhaps the most important civil cause that has ever been tried in Posey County, was that which involved the queltion of the validity of the will of William McClure. Indeed it was one of the most important that has ever been tried in Indiana. William

McClure had been a resident o£ New Harmony and owned a large amount of property in various parts of the county. In addition to this he owned a large amount of property in Pennsylvania, Spain and other parts of the world. He was a man of unusual benevolence and had founded several institutions for the diffusion of knowledge. In January, 1839, while he was residing in Mexico he made a will. In this he provided that his brother and two sisters, Alexander, Margaret and Anna McClure should have the use of aU his property in and roimd^New Harmony during their lifetime, and that upon their decease their shares should "be applied for the diffusion of useful knowledge and instruction amongst the institutes, libraries, clubs, or meetings of the working classes, or manual laborers, who earn their bread by the sweat of their brow, agreeable to the instruction and directions which shall be inserted in a codicil to this will." After granting several annuities, and some other matters being disposed of the will closes by saying that upon the termination of these annuities they shall be added to the joint "funds or property that may remain in any part of the world" after his death, to be appropriated as above set forth. But the charity was confined to the United States. At first the State of Pennsylvania was specially mentioned to receive the benefit of his Spanish property, but in a codicil that was abolished.

Alexander McClure was appointed executor, and for some reason deemed the will null as far as the charity was concerned. He sold a large amount of the property and converted it to his private use. It is almost useless to say that the will was sustained in every particular by the supreme court. In the meantime Alexander McClure had died. Alvin P. Hovey was appointed to carry out the intentions of William McClure, as expressed in his will. He proceeded to collect what property he could, and distribute it among the working classes in the form of libraries. About $150,000 were thus disposed of by him. Most of it was confined to the State of Indiana, although some was distributed in Ohio, Kentucky, Illinois and other States. Every county in Indiana received aid from this source, and the good thus accomplished can hardly be estimated. These books were scattered among a class of people who were unable to buy them, and that, too, at a time when books were far more expensive than at the present day.

Another case that was begun in the Posey courts was one that threatened to involve all the romance that hangs around the person of Mile. D' Arusmont, the daughter of the renowned Fanny Wright. This cause was changed to the Vanderburgh courts. It was brought to recover a large amount of real estate in the vicinity of New Harmony. The plaintiff claimed that no title had ever passed to the defendants. They claimed to be the descendants of Camilla "Wright Whitby, who once owned the land. It was claimed that she never conveyed it to anyone, but that Kobert Dale Owen had deeded it away without right. The suit was brought to a termination by the finding of a power of attorney made to Owen, that gave full power to sell. The power of attorney was made by Eichardson Whitby, of Shelby County, Tenn., to Robert Dale Owen, to convey a certain tract of land in Posey County, containing 1,300 acres. It had been conveyed to him as trustee of Camilla Wright Whitby. The power of attorney had not been recorded, and the sale of the land by Robert Dale Owen appeared entirely without right. Suit was begun by the heirs of Whitby by another wife than Camilla, and they claimed to be half brother and sister of Sylvia, a supposed daughter of Camilla by Whitby. Later investigation proved that Sylvia was not a daughter of Camilla, but of Fanny Wright, a sister of Camilla. This would have inevitably defeated the Whitby heirs, even if the power of attorney had not been found among the old papers of Robert Dale Owen, and which put an end to the suit. It was dated October 29, 1828.