Posey County, Indiana - Chapter 9: The Bench and Bar, 1913

The circuit court has always been the most important judicial tribunal in the State of Indiana. In the early days the law required that the court should be presided over by three judges, one chief or president judge, who presided over the courts in all the counties constituting the circuit, and two associate judges elected from each county. The associate judges were not necessarily men of a superior knowledge of the law, but were selected because of their disposition to be impartial in their decisions, and because of their established reputations for honest dealing among their fellow men. It was their duty to convene and adjourn court, and in the absence of the chief justice to try cases of minor importance. For a while the associate judges constituted a probate court, handling matters pertaining to the settlement of estates, guardianships, etc., but in a few years after the organization of the State government was effected a probate judge was provided for in each county.

The salaries of the officers of the law in those days were not exorbitant. The judges of the circuit court received $700 per annum, the prosecutor $100 per year, the assessor in the year 1816 was paid $42.30 for assessing all the taxable property of the county; the clerk was allowed $23.50 for his services for that year, and the treasurer received for his services for the year ending December 31, 1816, $50.

Section 4 of an act of the territorial legislature, entitled "An act for the formation of two new counties out of the county of Warrick and part of Gibson county," approved September 7, 1814, provided "That until a court house shall be erected in the said county of Posey sufficient for the accommodation of the court, the courts for the said county of Posey shall be held at the house of Absalom Duckworth, in said county."

Absalom Duckworth lived about five miles north of Mt. Vernon, and in accordance with the provisions of the above act the first session of the Posey County Circuit Court began at his house Monday, the twentieth day of March, 1815, with the Hon. Isaac Blackford, one of Indiana's most widely known jurists, presiding judge of the circuit that embraced the new county of Posey, and Thomas E. Casselberry and Daniel Lynn, two men prominent in the early affairs of the county, associate judges. John Carson was sheriff and William E. Stewart, clerk.

About the first thing the court did was to put the grand jury to work inqmring into the shortcomings and misdeeds that required the court's attention. That body was composed of David Thomas, John Crunk, James Black, James Robertson, Nathaniel Munsey, Wilson Butler, Alexander Mills, John Stapleton, William Wagnon, Adam Albright, John Aldridge, Samuel Aldridge, Mathew Adams, Seth Hargrave, Ezekiel Jones and John B. Stephenson.

William Prince, who was one of the leading attorneys of this part of the State, was appointed prosecuting attorney for Posey county and the court was then prepared and proceeded at once to administer justice.

The grand jury was not long in finding business. The first indictment found read 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 twenty-third day of January, 181 5, with force and arms, at the township aforesaid, in the county aforesaid, two hogs of the value of five dollars, of the goods and chattels of Margaret Mall, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the United States, and the form and the statute in such cases made and provided."

When the defendant named in the above indictment was arraigned he said he was not guilty, and on being asked how he wished to be tried, answered "by God and his country."

An indictment against Shadrack Green, for killing seven head of hogs in the woods completed the doings of the first day of court in Posey county.

The next day Blizard was tried before a jury of twelve good men, whose names were Nicholas Long, Daniel Miller, William Stephens, Joseph Felser, John Barton, John Martin, Samuel Barton, Timothy Downen, John Ridenhour, John McFaddin, David Mills and James Duckworth. They returned a verdict of not guilty, and the defendant was discharged.

The case of Green was then called, but he did not appear, and his recognizance was respited till the next term, and court was adjourned and the first session was at an end.

The second term began Monday, the nineteenth day of June, at the same place and with the same officers presiding. .-\t this term the first civil cause appeared on the docket. It was entitled Thomas Allen vs. Joshua

Beard. This was an appeal from Nathan x\shworth, a justice of the peace. The original suit was brought by Beard on an account for blacksmithing. It was dismissed in the circuit court at cost of appellee.

The charge against Shadrach Green was dismissed by the prosecuting attorney. At this term the grand jury returned indictments against Needham Blount, John Warrick, Meshack Green, H. and J. Robertson, and William and Julius Stallion. The case against Meshack Green was for marking hogs. He was tried and found guilty. In those days this amounted to larceny. This was the first criminal cause in the county in which the defendant was found guilty. His fine was fixed at $50 and "twenty-five lashes on his bare back, publicly, between the hour five and half after five this evening."

The third term began Monday, October 16, 181 5, at the house of Absalom Duckworth, with the same presiding officers. Davis Floyd and Elias Roberts, upon producing satisfactory evidence to the court that they were legally authorized to appear as counsellors and attorneysat-law, were admitted to practice in this court. Henry Robertson was placed on trial for assault and battery and found guilty of assault but not of battery. The court granted a new trial and he was tried on the following day before "twelve good and lawful men," and found not guilty. Several indictments were returned by the grand jury and a few criminal causes were tried and disposed of.

This was Judge Blackford's last term on the bench of Posey county. He was appointed judge of the Supreme Court of Indiana, December 10, 1817, this position being made vacant by the death of Judge John Johnson. Judge Blackford occupied the supreme bench until January 3, 1853. It is probable that he did more to establish the early courts of Indiana upon a sound and correct basis than any other man. He edited the first eight volumes of the decisions in the Supreme Court of Indiana, and these reports have been regarded by courts and lawyers as among the very best edited of the Indiana court decisions. David Raymond was appointed by Governor Thomas Posey to succeed him.

Up to this time the bar docket shows the following names of attorneys practicing in the courts of Posey county: John Johnson, George R. C. Sullivan, William Prince, Mr. Douglas, Davis Floyd and Elias Roberts.

The fourth session began Monday, March 18, 1816, at the house of Absalom Duckworth, with David Raymond as presiding judge. William Prince resigned his office of prosecuting attorney and Davis Floyd was appointed to succeed him. The grand jury found several indictments and a number of criminal cases were tried. A few civil causes were on the docket but none were tried.

The next term of court was convened June 17, 1816, as usual at the house of Absalom Duckworth, but as the court house at Blackford was ready for occupancy, court adjourned to meet at Blackford at 10 o'clock the same day. Here Thomas H. Blake and John Fletcher were admitted to the bar.

The first court under the State law was convened at Blackford October 21, 1816, with John Graddy as associate judge. Davis Floyd, prosecuting attorney, was absent and Richard Daniels was appointed to act until the next term of court.

In March, 1817, William Prince was succeeded by Judge Raymond as presiding judge and Alexander Mills and Thomas Givens on producing their commissions, took their seats as associate judges. Richard Daniels was regularly appointed prosecuting attorney for the county of Posey. At this term the first case of slander was tried in the Posey Circuit Court. The plaintiffs were William and Rosannah Curtis, and the defendants were Samuel and Aaron Aldridge, Robert Graham and John Bostick. It was brought for slanderous words alleged to have been spoken by the defendants against the virtue and character of the plaintiff. The defendants acknowledged in open court that they knew nothing defamatory to the plaintiff's character or virtue, and the case was dismissed at their cost.

The first appeal to the supreme court was taken at this term. It was a civil cause for debt between Arthur Green and Thomas Miller. The plaintiff had received a judgment for $165 and the defendant appealed. G. R. C. Sullivan was attorney for the appellant. The names of Daniel Huntington and David Hart first appear as attorneys at this term of court and both became eminent in their profession in later years. At the June term of 1817 the first change of venue was granted. It was a case of Thomas E. Casselberry vs. Joshua Elkins. It was sent to the Gibson Circuit Court at the plaintiff's request. At this term a case for slander was brought by Francis Hopkins against Anthony Griffin. It was tried before a jury of "twelve good and lawful men" whose names were: 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. They found "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."

Court convened at Blackford in October, 1817. but immediately adjourned to meet at Springfield, the new county seat. Judge Prince was still presiding but this was his last term. He was succeeded in February, 1818, by Hon. David Hart. James R. E. Goodlett, Charles Dewey and John Law were admitted to practice at the Posey bar as attornevs and counsellors during this term and at the May term in 1818 James

Dougherty and Thomas C. Brown were admitted. The following was the oath administered to attorneys and others: "I swear I will do no falsehood, nor counsel to the doing of any in the courts of justice, and if I know of any attempt to commit any, I will give knowledge thereof to courts, that it may be prevented. I will not willingly promote or see any false, groundless or unlawful suit, nor give aid nor counsel to the same."

The grand jury on the second day of the October term in 1818 found an indictment against George F. Gibbons, otherwise George Gibbons, otherwise George Givens, for the murder of Dr. Thomas Moore Parke, in the handwriting of and signed by Richard Daniels, prosecuting attorney. This was the first indictment for murder in Posey county.

Dr. Parke had fallen a victim to the anger he had excited by stealing a human corpse (that of a man named Peter Hendrix) and carrying it from the graveyard in which it was entombed and hiding it in his barn. The indictment charged "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 2gth day of March, 1818, feloniously, willfully and of his malice aforethought, strike and beat with an ashen club or stake the said Thomas Moore Parke in and upon the left temple, whereby a fracture of the skull was effected, a mortal wound, of which he, the said Parke, did languish, and languishing did live one minute, and on the said 29th day of March did die of the said mortal wound." The defendant pleaded not guilty, and a continuance was granted from time to time. In the meantime Rachael Given had been indicted as an accessory before the fact to the murder of Thomas Moore Parke, and it was charged that she offered a reward publicly to any one who would kill Parke, and it was further alleged that in the hope of gaining this reward, George Gibbons, alias George Givens, was induced to commit the murder. This made Gibbons the most important witness in the case against Mrs. Givens and Gibbons was assisted to escape from the county and he and his wife were placed in a small boat, given a jug of poisoned whiskey and started down the river, and Gibbons died from the effects of the poisoned whiskey before they had floated many miles down the stream. Both cases were dismissed for lack of evidence.

At the September term, 1818, Willis C. Osborn, William Hoggatt and James A. Boise were admitted to the bar. The case of the State of Indiana against Edward C. Fitzgerald, alias Brown, was dismissed at this term. The defendant in this case had been charged 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 thirteenth day of April, 1817. The indictment against him was returned by the grand jury at the June term, 1817. He was tried and found guilty, but made his escape from the jail while the decision of the court on a motion for a new trial was pending, notwithstanding- the fact that the county had been at great expense in hiring guards to watch the jail while he was confined therein. The indictment was signed by Richard Daniels, prosecuting attorney, and indorsed by William Casey, foreman of the grand jury. The witnesses were John Shiver, Mathew ShoUy, Frederick Eckesparger, William Weir. Joseph Lockwood, John Raker, Francis James, George Codd, Ratliff Boone, Dann Lynn, Wilson Butler, David Lawrence, Wright Stallings, Thomas D. Anderson, Daniel Akin and L. Barter.

David Love qualified as clerk and recorder of Posey county, and James P. Drake as his deputy. This was the last term of Judge Hart upon the Posey circuit bench. He was succeeded by Hon. Richard Daniels and William Prince was appointed prosecuting attorney. Jephtha Harden, Henry Dulaney, William F. Mosley, Laban Jones. George W. Lindsey and Amos Clark were admitted to the bar.

At the March term, 1819. the first divorce case appears on the docket. The case was carried over to the next term when it was dismissed, the plaintiff being required to stand in miseri cordia. General W. Johnson, Charles L Battell and Samuel Hall were admitted to the bar at this term and Robert M. Evans was admitted in October following.

Nearly all of the foremost attorneys in southwestern Indiana were now practicing at the Posey bar, some of whom afterward became known throughout the State.

Richard Daniel was an able and successful lawyer and made criminal law a specialty, practicing in the courts of all the neighboring counties.

Judge David Hart was a very able man, noted for his uprightness and integrity. Some of the most important of the early cases were disposed of during his term upon the bench.

Thomas H. Blake was one of the most widely known attorneys in southern Indiana and afterwards became circuit judge in his district. His name appears for the plaintiff in the first case reported in the supreme court. He was a candidate for United States senator in 1839, but was defeated by Albert S. W'hite by only one vote.

John Law was a native of New England. He lived at Vincennes for a while but later moved to Evansville. He had a splendid education and as a lawyer was the peer of any in this part of the State. He served as circuit judge and was for a time a member of Congress.

Amos Clark, of New Harmony, was very successful with a jury, but his ability as a lawyer was not of the highest type. For a time he was engaged in merchandising in New Harmony and moved to Evansville later in life.

At the March term, 1820, James R. E. Goodlett produced his commission as presiding judge. It was signed by Governor Jonathan Jennings and dated at Corydon, Ind. At this term Charles I. Battell was appointed prosecuting attorney and ex-Judge Hart was admitted as an attorney and counsellor-at-law. James Rankin and Thomas Givens were associate judges at that time.

At the June term, 1821, Charles I. Battell was appointed master in chancery and the first decree of divorce was granted. The parties were Elizabeth Hirons vs. Samuel C. Elirons.

In these early days the judicial district was very sparsely settled and 1 embraced several counties. We find that in 1830 the following coun-^.- ties were embraced in the circuit : Crawford, Perry, Spencer, Dubois, Warrick, Pike, Gibson, Vanderburgh and Posey. As the country was without railroads the lawyers and judges traveled from court to court on horseback, with change of linen in their saddle bags.

In 1832 Hon. Samuel Hall became presiding judge of the circuit and the associate judges were Andrew Cavitt and Samuel M. Reynolds. Judge Hall possessed a profound knowledge of law, but as a practitioner he was not above the ordinary.

Among the lawyers in the decade of the '20s was John Pitcher, who soon came to be known as one of the ablest lawyers in the State. He was well educated and a very close student in the. law. He possessed that rare faculty - a quick comprehension of a case in all of its bearings. His judgment was nearly always correct, and Jie was regarded as a very safe counsellor. Mr. Pitcher was also a ready impromptu speaker and seemed to possess an inexhaustible supply of bitter or withering sarcasm, which was always at his command. With his forcible speaking and his deep impassioned sentiment, he at times became so eloquent as to carry both jury and audience with him. As an attorney he was in great demand as an ally, and dreaded as an adversary. He was prosecuting attorne}^ early in the '30s and was the first judge of the common pleas court, ''ascending to the bench in October, 1852, and continuing till November 5, 1866. He was a resident of Mt. Vernon till his death at an extreme old age.

Ebon D. Edson was admitted to the bar at the August term, 1829, and continued to practice for many years, locating in Posey county about the same time. He remained in the county until his death, March 4, 1846. He was county treasurer from 1837 to 1839, and later was prosecuting attorney. He had a better education than most members of the bar in his time and was a verv able lawver and a fluent and elo-

George S. Green was another of Posey county's distinguished lawyers. He was a graduate of A\'est Point, but upon leaving there he became a disciple of Blackstone, and in a short time passed a creditable examination before the Supreme Court of Indiana and was admitted to practice in that court in November, 1829. He was one of the best educated and most polished members of the Posey county bar and established a reputation among the ablest lawyers of the State, and no one was more highly respected and esteemed by the people of Posey county. He was elected representative in the legislature and held several important positions of trust. He had an excellent command of language, a remarkable memory, and enjoyed an extensive practice. He died in Mt. Vernon September 11, 1857.

During court. March 7, 1834. Judge Samuel Hall occupied the bench as circuit judge and ex-Judge James R. E. Goodlett was employed as an attorney in a case and during the trial he disputed in a very insolent manner the ruling of Judge Hall, who thereupon ruled Judge Goodlett to show cause why he should not be fined for contempt of court. On the following morning William T. T. Jones, anticipating trouble and knowing the violent temper and fiery disposition of Judge Goodlett, walked up to Judge Hall while he was on the bench and in a skillful manner dropped a silken handkerchief containing in its folds a dangerous weapon in the form of a dagger such as was carried in those days. A few moments later Judge Hall informed Judge Goodlett that it "would be in order for him to show cause why he should not be fined for contempt of court." "I will show cause now," exclaimed Judge Goodlett, at the same time springing to his feet and attacking Judge Hall as he sat upon the bench. Judge Hall made furious thrusts at him v.ith the dagger and at one of the thrusts would have stabbed him had he not been jerked backward suddenly by the sheriff, William James, an act which in all probability saved Judge Goodlett's life. After the excitement had abated a fine of $50 and imprisonment in the county jail for thirty days was imposed. Judge Goodlett stayed in jail very little of the time and in a short time brought suit against Judge Hall for false imprisonment. The case was taken to Vincennes but was withdrawn before it ever came to a trial.

Judge Goodlett seems to have been the aggressor in this matter throughout. He seems to have incurred the enmity of the bar while he occupied it from 1820 to 1830, and the lawyers, irrespective of politics, worked with all their might to defeat him. The result of their efforts was that his opponent, Samuel Hall, was appointed by the governor. Judge Goodlett seemed to harbor a very bitter and resentful feeling against his successor. The indignation of the members of the bar of the county was aroused by this act of one of the legal fraternity to the extent that expression of their sentiment was embodied in the following document, which was placed upon the records of the court :

"The undersigned, members of the bar of Posey County Circuit Court, feeling highly indignant at what they consider a most flagrant outrage upon every principle of order and decorum, as well as individual rights, in the late conduct of J. R. 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 this court :

"Resolved, that the attack by James R. E. Goodlett, a member of the bar of the Posey Circuit Court, last evening, upon the Hon. Samuel Hall, while on the bench and in the faithful and impartial discharge of his duty as a judge, and a repetition of the same act this morning, is, in their opinion, without parallel in the history of our judicial proceedings ; and for the honor of our country, our social, judicial and political institutions, they hope such may never occur again. They more regret the circumstance from the elevated station which the offender has held in the communit3% and deem it their duty thus to express their abhorrence and indignation at such conduct." [Signed] Amos Clark, E. Embree, E. D. Edson, J. Lockhart, W. T. T. Jones, John Pitcher, R. Daniels, C. I. Battell, George S. Green.

Judge Goodlett followed the law for some time after this, but he was not an able practitioner. He lacked that faculty of readiness and alacrity so essential before a jury.

At the September term, 1835, Charles I. Battell succeeded Judge Hall upon the bench. He had been a resident of Posey county for several years and lived at Springfield, while the county seat was located there. He was a fairly well educated man but was not a fluent speaker. He was perhaps more noted for his absent-mindedness than anything else. His service on the bench was of short duration, he being succeeded in March, 1836, by Elisha Embree, of Princeton. Judge Embree was a man of considerable ability, made a good impression and had many friends. He was presiding judge for ten years and after that was elected to Congress.

Judge Embree's successor was James Loclchart, of Evansville. He was a successful lawyer and had been prosecuting attorney. He resigned about the time of the adoption of the new constitution and was sent to Congress from this district.

Alvin P. Hovey, of Mt. Vernon, was appointed by Governor Wright to fill the vacancy May 31, 1851. Mr. Hovey had been a delegate to the convention that framed the new constitution for Indiana in 1850. He had studied law in the office of Judge John Pitcher while that gentleman was in the full vigor of his intellect. At the time he was admitted to the bar Posey county bar was represented by some of the ablest lawyers in its history, and among these he became eminently successful as a practitioner. He was fearless and energetic, and the cause he advocated was always backed by a thorough knowledge and comprehension of all its bearings. As a judge his ability was of a high order, possessing the ability to grasp the intricacies of law in such a manner as to solve them in harmon}' with justice. He retired from the bench in 1854 and soon after became a member of the Supreme Court of Indiana. For more than thirty years he was one of the most conspicuous men of the State and during the Civil war his patriotic devotion to the cause of the Union was excelled by none. He acquired the rank of Major-General.

Hon. William E. Niblack, a young lawyer of Martin county, succeeded him upon the bench in May, 1854. In spite of his lack of experience and legal learning. Judge Niblack, with the aid of his extraordinarily good common sense, soon came to be regarded as a very good judge. His kind, affable, honest and upright disposition made him many friends and after leaving the bench he was elected to Congress.

Ballard Smith was appointed to fill the vacancy occasioned by the resignation of Judge Niblack March 29, 1858. Judge Smith was a very polished and well educated gentleman and an able and brilliant lawyer. He was succeeded by M. F. Rurke. of Daviess county. Judge Burke was a lawyer of considerable ability, a ready and eloquent speaker, and possessed an abundance of resource.

In September, 1859. William F. Parrett was appointed to fill the vacancy caused by the death of Judge M. F. Burke. Judge Parrett served until March. 1869. Mis successor was James G. Jones, a very able lawyer and chancery solicitor, whose extraordinary ability won for him the office of attorney-general of the State.

In April. 1871, David T. Laird succeeded him. Posey county was then a part of the Fifteenth Circuit. Judge Laird was not a man of extraordinary ability, but was regarded as a good judge and an honorable and upright man. A change in the judicial district by an act of the legislature deposed him and William F. Parrett was appointed by Governor Hendricks to the position in March, 1873. It is probable that he possessed more ability and was more satisfactory as a judge than any of his predecessors. He occupied the bench until January i, 1889.

Judge Parrett was succeeded by Robert D. Richardson, who was regarded as a very able man and was eminently satisfactory to the bar. He was appointed to the position by Governor Isaac P. Gray December 31. 1888.

Judge Richardson was succeeded by Oscar M. Welborn August 12. 1895. Judge Welborn was also an able man and had a large number of friends. He was succeeded by Herdis Clements October 25. 1909.

Judge Clements, the present incumbent, is a young man of exceptional ability and by his upright and affable manner has made a host of friends and well-wishers.

The adoption of a new constitution for the State of Indiana, framed in 1850, resttlted in a radical change in the cotirts of the State. The associate judges were dispensed with, as were many of the old common law proceedings. A new code was established in May, 1853. The old and familiar John Doe and Richard Roe, having outlived their usefulness, were buried beneath reform in pleading and in practice. The new law required that every cause should be prosecuted by the real party in interest, and upon the real party complained of. With the abolition of the mythical personages of John Doe and Richard Roe as plaintiff and defendant, and a modification and simplification of many of the legal terms of the old times, much of the old common law faded away and became matters of history. Many of the old practitioners regarded the change as sacrilegious and never became reconciled to the change, but there is little doubt that the practice of law in Indiana has been greatly improved, and litigation has been directed to smoother channels by legislation.

The associate judges under the territorial government had jurisdiction in probate matters, but soon after the organization of the State government, a separate probate court was established, with a judge in each county, which continued under occasional modifications until the court of common pleas was established. Probate matter was transferred to that court and the probate court ceased to exist.

The common pleas court had original jurisdiction of all that class of offenses which did not amount to felony, except those over which the justice of the peace had exclusive jurisdiction. Under certain restrictions this court had jurisdiction over felonies where the punishment could not be death, and in no case was the intervention of a grand jitry necessary.

In all civil cases except for slander, libel, breach marriage, action on official bond of the State or county offices, or where the title to real estate was involved, the common pleas 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 cost, and concurrent jurisdiction with justices of the peace when the amount involved exceeded $50.

The first common pleas court held in Posey county was on January 3- 1853. John Pitcher was judge and held the position until November, 1866. A. L. Robinson was his successor and held the office one year. He was succeeded by Morris S. Johnson. He died in office and William P. Edson was appointed to the position in November, 1871. He held the office one year and John B. Handy became judge and continued until March 12, 1873, when this court was abolished.

The McCIure will case was perhaps the most important civil cause tried in Posey county. It involved the question of the validity of the will of William McClure. Mr. McClure was one of the residents of New Harmony in the days of Robert Owen. He was a man of great wealth in his day, owning a large amount of property in various parts of the county, as well as in Pennsylvania, Spain and other parts of the world. He was the founder of several institutions for the cause of education.

While in Mexico for the purpose of regaining his health he made his will. This was in January, 1839. The will provided that his brother and two sisters, Alexander, Margaret and Anna McClure, should have the use of all his property in and around New Harmony during their lifetime, and that after their death the property 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 disposing of some other matters, 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. Alexander McClure was appointed executor and for some reason acted upon the presumption that so far as charity was concerned, the will was null. He sold a large amount of property and converted the proceeds to his private use. William McClure died in Mexico about a year after he made his will, and Alexander McClure died during the time the case was in progress. Alvin P. Hovey was appointed to carry out the intentions of the will. He collected what property he could and distributed it among the working classes in the form of libraries. He disposed of about $150,000 in this manner. Most of it went to the State of Indiana, but some was distributed in Ohio, Kentucky, Illinois and other States. Every county in Indiana received a portion. Books were scattered among a class of people who were too poor to buy them, as books at that time were far more expensive than now, and the good accomplished in this way was immeasurable. The will was carried to the supreme court and there it was sustained in every detail.