Vanderburgh County, Indiana - Chapter 11, 1889 (part 1 of 2)

Chapter 11

Judges - John J. Audubon in Court - Trial and Execution of John Harvey - Character OF Early Trials - Later Circuit Judges - Changes Under the

ROM the time when, amid grand and fearful demonstrations of power, tlie decalogue was given to the world, tit and suitable times and places for the expounding and enforcement of the laws have been indispensable in the history of every civilized people; the rigid maintenance of the substantial framework of the laws being the palladium of safety, harmony and order, and the only reliable and sure preventative of confusion, oppression and relaxation into anarchy and barbarism. The importance of law courts, then, cannot well be over-estimated. The law, without adequate means for its enforcement, would be a dead letter. The church, notwithstanding its high and holy mission, but for human laws would be powerless, and that such laws are, or ought to be, inspired by divine law, is not disputed; but whether so inspired or not, they must be executed b}' the courts. The judge, the clerk, the sheriff and attorneys are each and all officers and integrals of the court, and in order that justice ma}- be administered, the officers, from the highest to the lowest, ought to be men of known integrity, and peculiar fitness for their positions.

The construction of the various public buildings devoted to the administration of justice, and for the punishment of offenders against the law, the formation of the various corporate bodies whose seats of justice have been Evansville, and some facts concerning courts held here before the organization of Vanderburgh county in 1818, are recorded in another chapter.

In this state the circuit court has always been a court of general jurisdiction, and other courts have been aids or relief for that court; therefore, this chapter will be devoted mainly to the circuit court. From the time of its first organization to the adoption of the code of 1852, the circuit court was presided over by a president judge, a man " learned in the law," and two associate judges in each county elected by the people. The associate judges presided in the absence of the president judge, and sat with him when present, with the power, but rarely exercised, to o\'errule the president judge. The circuit court, from time to time in Vanderbur^-h county, has had limitations placed on its jurisdiction by the formation of other courts, as hereinafter adverted to. By the acts of 1852 associate judges were dispensed with.

The following is a substantial account of the transactions of the circuit court at its first terms, the records being quoted at some length :

" February Term, iSiS: At a circuit court called and held at the house of Hu<>-h McGary, in the town of Evansville, in the county of Vanderburgh, on Mondav, the tvventy-thiru day of February, one thousand eight hundred and e4ghteen, the day appointed by an act of the general assembly of the state of Indiana, for holding the first circuit court in and for the said county of Vanderburgh, when present the Honorable Dayid Hart, president judge of the fourth judicial circuit court in the state of Indiana:

" Ordered by the court that Hugh McGary be, and he is hereby appointed clerk of the circuit court for the county of Vanderburgh, until a clerk be commissioned and qualified, who thereupon appeared in court and took the oath to support the constitution of the United States, the state of Indiana, and the oath of office.

" The sheriff, John B. Stinson, returned a panel of grand jurors, who being called, appeared as follows, to-wit : John Patterson, foreman; Andrew Sullivant, John Beach, John Slow, George W. Jacobs, James Johnston, William Wagnon, George Sircles, Jesse McCallister, Nathan Young, Lewis Tackett, Luke Wood, and John Xeal, thirteen good and lawful men, who, being tried and sworn receiyed their charge and retired to consult upon presentments, etc.

"On application of Jacob Call, and it appearing to the court that the said Jacob Call, Charles Dewey, Richard Daniel, John Law and William Prince, haye been duly licensed, ordered that they be admitted to practice law in this court as attorneys and counsellors at la\y."

The court appointed John Law as prosecuting attorney for the term, and added three men, Patrick Calvert, John Armstrong and Ezekiel Saunders to the grand jury, the law then retjuiring that jury to be composed of sixteen men.

With the dispatch usually characterizing grand juries of that period, two indictments were returned that same day, both for adultery, one against Daniel Robertson, and the other against Mary Tindal. The ordering of a capias for each of the indicted parties returnable instanter, completed the business of the court for that day. On the following day the grand jury returned bills against Matthew McClair and Daniel Robinson for assault and battery, also one endorsed not a true bill, against William and James Johnson for larceny. But little more business of consequence was transacted, and the court adjourned "until court in course," having been in session two days. The record for the last day is not signed, and the term was held by the president judge alone, his associates not having been elected.

The second term of the circuit court began on the 25th day of Ma\-, 181S, at the house of Hugh McGary. In addition to David Hart, the president judge, there appeared at that time John McCrary and William Wagnon as his associates. John Law was again appointed prosecuting attorney. On the first day of this term occurred the first trial by jury in the new count)'. This was in the case of the state of Indiana against Matthew McClain for assault and batter}'. That jury was composed of the following men : William R. McGary, George Linxweiler, Levi Warren, Edward Hill, John Neal, Peter Linxweiler, Luke Wood, John Beach, John Slow, Peter Vandeventer, John T'.ler, and Andrew Sullivant. The jury found the " defendant not guilty in manner and form as he stands charged in the indictment." The first civil cause tried by the court appears in the records of that dav and was an action for debt, entitled Joseph A. Patterson and others zrrsiis Harrison Johnson. During this term John B. Stinson was allowed $30 for his services as sheriff for the year, and John Law, $100 for his year's services as prosecutor. The adoption of a seal, the trial of Jesse McGary and other matters of interest occurring at this time are mentioned in other connections.

Personnel Of The Court

David Hart, the first president judge, was an able lawyer who came to Vanderburgh county from Kentucky, and for a lime practiced as an attorney in the district to which the new count}- of Vanderburgh was attached. His home was in the town of Evansville, and in later 3'ears he was one of the proprietors of the Upper enlargement. His ability as a man of affairs and his wide acquaintance with the prominent men of his day in many parts of the state gave him considerable influence and enabled him to stamp his individuahty upon the legislation of the state. His family returned to Kentucky, where his descendants became honored citizens. His successor, Richard Daniel, was a most peculiar character, his eccentricities of thought and action always attracting attention. But little is known of his personal career. Both before and after beinff on the bench he was a successful practitioner and rode the circuit through all the counties of southwestern Indiana. The records in this and neighboring counties indicate that he was connected with much important litigation, and tradition says that he was an able lawyer and a good judge. Associate judges were residents of the country and were not required to be " learned in the law." No citizen is supposed to be ignorant of the law, but the manifest ignorance of some associate judges caused the courts, as formerly constituted, to be called facetiously, courts of 100 - one judge and two naughts. However, in Vanderburgh county some of the best citizens sat on the bench as associate judges. The first of these, elected in 1818, were John McCrary and William Wagnon. John McCrary was a native of North Carolina, born in 1771, and came to Indiana territory when forty years of age, locating near the northwest corner of what is now \'anderburgh county. When he came the country was new and Indians, were troublesome. In 1813 he was on the spot where Evansville now is; a rude cabin covered with deerskins and buckhorns, occupied by Hugh McGary, was the only house in the vicinity. He was a minister of the gospel and a very devout man. Following his settlement in Indiana he purchased extensivelv through the Wabash valley, and later was instrumental in establishing the Christian order in this section. He was reared in a Presbjterian home, was educated in that faith, and in Tennessee, where he lived before coming northward, was a prominent revival preacher. He lived in Indiana twenty-six years and in 1835 moved to Illinois. He had become far advanced in life; his children were all married; and two j-ears later he followed some of them to Iowa territory, where he lived until his earthly career was ended, in 1859. In 1824, he was chosen to represent Vanderburgh and Warrick counties in the state legislature. Politically, he was a whig, and later a republican. He retained his political zeal to the last. On the bench he was upright and just. Hon. George W. McCrary, of Iowa, in later 3-ears secretary of war, and United States judge, was his grandson.

WiUiam Wagnon represented a different t)'pe of the pioneer. He early settled on section 33, in what is now Perry township, and subsequently removed to the northwest corner of the township, where he died when about ninety years of age. He was a rough character, unscrupulous, and of a low grade, mentally and morally. He wielded considerable influence in his da\-, however, and served for some time as a justice of the peace after leaving the bench. He sold whiskey to the Indians unlawfully, so itis reliably stated, and thus put the lives of the settlers in danger. He was several times prosecuted in the courts for adultery, and was divorced from his wife because he abandoned her and hved with another woman. There was an indictment against George Wagnon, a son of the associate judge, and himself a rough character, to be tried at the March term of the court, in 1820. The president judge, James R. E. G oodlett, did not- arrive until the Thursday after the court met. On Tuesday morning, Richard Daniel, the attorney for George, moved the court to quash the indictment, and briefly argued the motion, when John Law, prosecuting attorne}-, suggested that as one member of the court was the father of the defendant, and as both must concur in order to render a decision, the court might feel a delicacy in passing upon the motion before the arrival of the president judge. The judges took the indictment and whispered together a few minutes, when Judge Wagnon responded that the court did not feel any delicacy about the matter, and that the indictment was bad and must be quashed, and that his son George should go hence without daj- or date. This is verified by the record.

At the second term of the circuit court, held in May, 1818, the first indictment for murder was returned by the grand jury. It was drawn by John Law, prosecuting attorney, and charged Jesse McGary with killing his wife Catharine. McGary was one of the roucfh and uncouth backwoodsmen, and resided in what is now Scott township, near the Gibson county line. When arraigned he pleaded not guilty, and his trial was deferred until the next term of court. His bond was fixed in the sum of $10,000, and was signed by John B. Stinson, Hugh McGary, WiUiam R. McGary, Daniel Miller, Richard Carlisle, Robert McGary, David Whetstone, Andrew Sullivan'i:,William Elevens, George Linxweiler, Zadock McNew and David Brumfield. He was put on his trial at the March term, 1819, before a jury composed of Presley Pritchett, John Connor, Clark McCalister. Charles Evans, Benjamin McNew, John Armstrong, Isaac Farmer, William Blevens, jr., Peter Linxweiler, James B. Robertson, Robert Gibson and Morrison Fitzgerald. The verdict was " not guilty." The circumstances of the case were peculiar. Domestic trouble of some sort had entered McGary's cabin, and one day as his wife was coming in the door he sent a ball from his rifle through her heart. His acquittal was obtained on the ground that he had shot at a dog, not knowing that the woman was about to enter the house.

Judge James R. E. Goodlett succeeded to the president judgeship in 1820, and for twelve years presided in this circuit. Born in Culpeper county, Va., he came to Indiana in 1816 when about twenty-six years of age, and settled at Cor3rdon. He soon moved to Paoli, and as early as 1818 went to Princeton, where he was practicing his profession when elected to the bench. He subsequently moved to Evansville, and after his retirement from the judgeship practiced law for a time in this part of the state. Leaving here he went to New Albany, thence to Bedford, where he became a common pleas judge, and died while on the bench about 1857. He was phlegmatic and deliberate, a good counselor, a careful and wise judge, but not a brilliant practitioner, lacking that readiness of resource and rapidity of thought so essential to eminence as a jury law3-er. He was well versed in law, however, studied his cases well, and made up by thorough preparation what he lacked in celerity of thought. His methodical habits and long experience as a judge made him slow in debate, and his arguments were without any display of enthusiasm or oratorcial ability. The law and the facts, clearh', earnestly and forcibl}', though sel' dom eloquentl}^ presented, were depended on to carry his points. Because of these qualities he was generally successful as a practitioner. On the bench he was rigid and austere. It was his common practice to fine attorneys for contempt upon meager provocation. The records show that he admitted James McKinne}' to practice at the March term, 182 1, and on the same da\- tined the gentleman fifty cents for contempt. The usual amount assessed against those offending the majesty and dignity of the court was $3. When he became a practitioner the "tables were turned," and fines for contempt were freely imposed upon him.

In 1822 another change in the personnel of the court occurred, when William Olmstead replaced Judge Wagnon, and a wider difference in worth than existed between these two men can scarcely he conceived. Judge Olmstead was not a lawyer, but a citizen of high character, honorable and upright in ever}' social relation. In 1S18 he emigrated from New York state and settled in what is now Center township, where he lived for man\' years. He was intelligent and progressive, and did much to elevate and give tone to societ}'. He was a man of unblemished reputation, served satisfactorily as associate judge and couj^ty commissioner and by his pure and wise private and public life rose to a lofty place in the esteem of the people. His fitness for the bench was generally recognized; he served in that capacity for twenty-two years - by far the longest service of the kind rendered by any citizen of Vanderburgh county.

For fourteen years, from 1825 to 1839, John M. Dunham was the colleague of Judge Olmstead on the bench, and for honesty and integrity was perhaps the peer of any man in the county. He was well educated, conscientious, thoroughly just.

generous, manly, and for many 3^ears a prominent citizen of recognized worth. His residence was in the city, about where Blount's plow factory now stands. In early times he was engaged in general merchandising, and succeeded in amassing what for those days was a great fortune. He was a prominent church member and intimately associated with man\- efforts to advance and better the moral tone of the community. His character and career, in all respects were worthy of admiration. His successor, John W. Lilliston, who served from 1839 to 1842, was his inferior in mental capacity and moral strength. Mr. Lilliston had few traits worth}- of emulation. He was ungenerous, at times unscrupulous, and in pressing those unfortunate enough to become his debtors was without mercy. His disposition in this respect gained for him the .sobriquet of "old Black Hawk." At one time he made a profession of religion, but shortly afterward fell into possession of certain notes issued by a church society in the city to complete the construction of a house of worship. He obtained possession of the church property and on Sabbatia morning sent word to the minister and his cong-recation that the key of the house was in his hands and that the church building was his property, which they could not enter without committing a trespass punishable at law. He had little refinement, was a citizen of the rougher sort, and is now chiefiy remembered by the characteristics referred to. He removed from the county, and, it is said, finally failed in business and died in poverty. One of the most interestino; of the early civil or chancery cases was that of Joseph M. McDowell et al. r'5. John J. Audubon et al. It derives its chief interest, not from the amount involved or the character of the transaction on which it was based, but from ;he subsequent career of the principal re- spondent, Audubon, the famous naturalist. His establishment of a steam saw-mill at Henderson in early times and the failure of the enterprise are familiar facts. In i8ig, Joseph M. McDowell, William R. Bowen and Jonathan Anthony filed a bill in chancery against Jacob Gall, John J. Audubon, Thomas Litton and John Baddollet, reciting that Gall, through one Jacob Rouse., had entered 569 acres of land, in fractional sections 2 and 3, township 7 south, range 11 west, and offered to sell the same for $300 to the complainant, and that Gall, having lost his certificate, a trip to Vincennes was made by Mr. Antlion}' to examine the record, when, everj'thing being satisfactory, the purchase was perfected and the money paid. The character of the ancient pleadings is so well exemplified in the papers of this case, that they are freely quoted from in this connection. After reciting the facts of the purchase of the land by the complainants, and exhibiting in detail all papers connected with the transaction, the bill proceeds as follows: " Your orators further state, that some short time after their having so purchased as above, they indirectly understood that a mercantile speculating Frenchman by the name of John J. Audubon, who j^our orators pray ma}' be a defendant and party to this suit, with proper and sufficient apt words to charge him with the premises, had, a little while previous to your orators' purchase, made some kind of bargain with the said Jacob Gall respecting the said land, which information, though indirect and indistinct, induced your orators, who being plain men and unversed in the arts of intrigue, chicane and duplicity, and becoming somewhat alarmed, to enquire of the said Gall the particularities of the transaction between himself and said Audubon respecting the said fractional sections of land, when lo! the said Audubon's pretended purchase was surreptitious and malum in se, and of so shameful a character that it did not become indispensably necessary to be narrated by 3'our orators in their bill, they would willingh' and through charity let it be hid, to be hereafter brought up in judgment against Mr. Audubon before the awful bar of heaven's chancery ! But inasmuch as your orators consider this pretended contract of said Audubon with said Gall as void ab initio from their fraud and perjury and subornation of perjury afterwards committed and transacted, for your orators are informed and verily believe that the said John J. Audubon, and who, combining and confederating with divers other persons, to your orators at this time unknown but whose names, when discovered, your orators pray ma}' be made defendants and parties hereto with proper and apt words to charge them with the premises, had written an assignment and transfer on the back of said Jacob Gall's certificate for the aforesaid two fractional sections of land, which he had artfully induced him to sign by making certain unequivocal assurances, in which he, the said Gall, at that time too credulously confided; but the said Audubon's deceptions could not, nor did not, last very long, for shortly after the assignment, as it became, and was by the regulations of the land office at Vincennes, necessary that the said assignment should be acknowledged before some one judge or justice of the peace, wherefore they, the said Gall and Audubon, appeared before William Wagnon, Esq., then one of the justices of the peace in and for the said county of Vanderburgh, and when the said Gall, fortunately for himself, family and friends, rehearsed over and related to the said Wagnon, in Audubon's presence, and hearing their contract and agreement respecting the said land and the consideration of the assignment thereof, the said

The Audubon Case

Audubon was oblifjed to show his cloven foot and denied the terms as previously agreed upon, whereupon the said Gall peremptorily and unhesitatingly refused to acknowledge the said assignment and transfer and demanded back his aforesaid certificate of said Audubon which was affrontingly refused by him. This put the said Gall to some considerable embarrassment, but still supposing that the said Audubon had some modestv and veneration for truth and character: he had little, in fact no idea of the abominable force which was afterward acted; for it appeared that he, the said Audubon, then, or shortly afterward, repaired to one Thomas Litton (who j'our orators pray may be made a defendant and party hereto with proper and apt words to charge him with the premises) as a justice of the peace (whose name in that character is a reproach to the community) in and for the said county of Vanderburgh and bv persuasions, or which is the more likely, bribes by the said Audubon, he, the said Litton, was induced to, and did affix to the said certificate and assignment a writing purporting to be an acknowledgment made by the said Gall before him, when in fact and truth the said Gall never did acknowledge the same before an\- iud^-e or justice whomsoever, nor did he intend nor would he do so after discovering said Audubon's fraud and deception, and when this abominable conduct came to the ears of said Gall and through him to the vvorld. the said Litton, fearful of an indictment or prosecution for perjury, and other high ciimes and misdemeanors, made a precipitate departure and fled to parts unknown - maybe to the marshes and fens of Florida, to mire his guilt and remorse, or to the banks of the Mississippi, where by its accretions he might bury his infamy. And your orators are apprehensive that John Baddollet, Esq., register of the land ofllce for the district of

Vincennes, who your orators pray nia\ be made a defendant and party hereto, with apt words to charge him with the premises, not being officially informed of your orators' aforesaid assignment and transfer, and through the deception and imposition of said Audubon, may grant and issue, if he has not already done so, a final or patent certificate, for the aforesaid fractional sections of land to the said Audubon or to his assigns, instead of to your orators, as the bona fide assigns of the said Jacob Gall, thereby materially injuring and oppressing your orators; all which said actings, pretenses and doings of the said confederates, are contrary to equity and good conscience, and tend to the manifest injury and oppression of your orators. In tender consideration, whereof, and for that your orators are remediless in the premises bv the strict rules of the common law, and relievable only in a court of equity where matters of this nature are properly cognizable." It was asked that "the said confederates may respectively make full, true, direct and perfect answers upon their respective corporal oaths, according to the best of their respective knowledge, information and belief to all and singular the charges and matters as aforesaid, as fully and in every respect as if the same were here again repeated, and the}' thereunto particularly interrogated." The complaint then goes over again at great length the entire ground, interrogating the respondents as to all the details of the transaction. The complainant's attornc}- was William Prince.

Mr. Baddollet was notified by subpa^na. Gall, Audubon and Litton b\- ad\-ertisement. No - answers were filed, and at the Ma}' term, 1820, the coinplainants obtained a decree by default. Mr. Audubon had removed to Louisville, Ky., and in March, 1821, filed his answer. The former decree was opened.

In his answer, " reserving to himself all manner of exceptions to the manifold defects and want of substance in said bill," he denied generally the statements of the complainants, and stated his case substantially as follows: He had advanced Gall the money necessary to enter the land, upon his promise to furnish 2,500 saw logs at $1 each; which contract was never fulfilled. The certificate showing first payment and a deed from Gall were placed in his hands, to be held until the logs were delivered, the transfer being made in the presence of David Megley and George Lindsey.as witnesses. He advanced money to carry on the work of cutting timber, and Gall, instead of paying his debt, plunged deeper and deeper, until at length, being led to examine his securitv, he found it not in the form required bylaw. But "believing Gall incapable of such conduct as he w'as subsequently led into bv his co-partners," he let the matter rest, till one day he was besought by Gall to help him out of a difficulty. Gall had been arrested in Henderson for a debt of $180, and was about to be committed to "gaol." He declined to assist further the unfortunate man unless he would agree to make a proper transfer to secure his already heavy indebtedness. This Gall agreed to do in the presence of witnesses, on the strength of which Mr. Audubon became bail, and later paid the ^iSo.oo. On the day following the arrest Mr. Audubon proceeded to Gall's house in this count}-, and procured what he thought was a proper assignment, the acknowledgment being taken b\' Esquire Litton, a neighboring justice of the peace. " At this time your respondent," so runs the answer, "believes that Gall was influenced by a sincere desire to do what he himself called an act of justice to your respondent in securing him from the danger of being a sufferer in consequence of the advances he had made, and he thinks that Gall would have continued the straight and correct line of conduct toward your respondent which he was then pursuing, had not McDowell and his co-partners upon whom the infamy attached to the continuance of this nefarious transaction must and will fall - had not those 'plain men, unversed in the arts of intrigue, chicane, and duplicity,' stepped between Gall and honesty, and by means of their promises and his necessity, tempted him to do the deed for which he indeed will have to answer at the awful bar of heaven's chancery!" Mr. Audubon then proceeded to Evansville to have the county clerk certify Litton's official character, and was told by McGary, the clerk, that the transfer was not yet in proper form. He returned to have the corrections made - a simple alteration in form - and reaching Gall's house, found there William Wagnon, " another plain man, unversed in the arts of intrigue, chicane and duplicit}'," also a justice of the peace. Finding this officer at hand it w'as suggested that a new and proper transfer be made, to which Gall assented, but Wagnon refused to take the acknowledgment, declaring that he wanted the land to remain in Gall's possession, and intimating that he wanted some of it himself. However, Wagnon took Gall aside and remained absent with him for some time. Upon his return " the aforesaid type and representation of justice, William Wagnon, expressed a willingness to take the acknowledgment, but Gall had been steeped with liquor, and now in a brutal and drunken manner refused to sign. The respondent then says : " Your honorable court will observe that this revolution was affected by completely dissipating eveiy sentiment of honor and justice that still had remained in the breast of the miserable tool of their diabolical plot b}' the excessive quantity of ardent spirits with which he was supplied, for, abandoned as he was, he could not while in possession of his faculties act the part which was now put upon him. Your respondent left the spot in disgust, and meeting with Litton, he had the alteration effected, procured the necessary certificate from the clerk of the court aforesaid, and immediate placed the whole of the papers in the hands of John BaddoUel, Esq., etc. In the meantime, by neglect of his business and dissipation. Gall's financial condition grew so bad that he "could not withstand the temptation held out to him by this conclave of plain and honorable men who it appears thought that $300 was the fair market price of souls, and a full compensation for the small crime of perjur)' which they induced him to commit," for he went to Vincennes and swore he had lost a certificate which he knew at the time was in the hands of Mr. Audubon.

The answer charges that Gall never received the $300 named as a consideration by McDowell and his associates and further recites that Gall afterward told Audubon, " in contrition " that he had received only " one indifferent horse with an old saddle and bridle " which "your respondent cannot but suppose were given to him by his kind friends to enable him to leave a place where his stas' might have been the means of laying open the plot so nicel\' and secretly formed, and rending asunder the web of infamy so ingeniously vvoven. " Denying all fraud, combination, perjury, subornation of perjury, bribery, etc., he proceeds to answer the bill specifically at great length, first, however, congratulating the complainants "upon their good fortune in not being obliged to swear to the bill, as they have thereby escaped the temporal pains and penalties of perjury."

The case was not finally settled until the October term, 1822, when the following entr^- was made: "Whereupon, the cause coming on to be tried upon the original bill, answer and exhibits, it is ordered, adjudged and decreed, that the complainants take nothing by their bill, and that the said defendants go hence williout day, and recover against the said complainants their costs and charges by them about their suit in this behalf expended, and the complainants be and remain in mercy," etc.

The first and only judicial execution in Vanderburgh county was the hanging of John Harvey, who was put upon his trial on Wednesday, June 4, 1S23, and on the 7th day of June was sentenced. The crime for which the death penalt}- was inflicted was the murder of one Casey, near the old Mc- Dowell farm, in Union township. The trial was conducted before Judges Goodlett, Mc- Crary and Olmstead, and a jury composed of Joseph Wilson, Joseph McCallister, Jesse McCallister, Samuel Kenj-on, Elisha Durphey, Lewis Williams, John Fickas, Henr}' James, Elijah Waters, Benjamin F. Barker, Vicissimus K. Phar and Robert Gibson. But one da\' was consumed in making up the jur}' and taking the evidence. The deliberations of the jury w-ere brief; the verdict, guilt3^ A new trial was asked for and denied: a motion to arrest judgmicnt was overruled, and the following judgment entered :

" Whereupon all and singular the premises being seen and by the court here fully understood, it is considered bv the court here that the said John IIar\ey return to the count}' jail from whence he came, from whence he must be taken to the place of execution by the sheriff of the county, to some convenient place within one mile of the court-house in Evansville, on Friday, the 27th day of June, instant, and then and there, between the hours of 9 o'clock in the forenoon and 2 o'clock in the afternoon, to be hung upon a suitable gallows, for that purpose to be erected, by the neck until he is dead "

The gallows was erected on the public square in Evansville, near the center of the southwest quarter. The militia was called out under command of Gen. Robert M. Evans, assisted b}' Col. Hugh McGary. The soldiers marched upon the ground four abreast, and formed a hollow sijuare surrounding the gallows. They remained in position until the body of Harve}' was cut down and laid in the coffin. When Maj. Warner (R. N.), then sheriff of the county, shook hands with the condemned man he cried like a child, even before springing the trap. Harvey died easily, and was buried near the foot of the gallows. His bones were dug up when the workmen were excavating for the erection of the buildings now occupying the ground, and were gathered up and articulated by the late Dr. Isaac Hutchinson. Though the unfortunate man undoubtedly did the killing for which he was made to suffer, many persons doubted whether it was a case of murder. As is common in such matters, a woman was in the case.

Besides the cases mentioned, for nearly twenty years there were few trials of importance. The attention of the court was chiefly directed to petty criminal matters. Following the hard times of 1820, there were a few petitions of insolvent debtors for a release from the payment of debts. Some of these were presented by men who afterward became prominent, among them John M. Dunham, Vicissimus K. Phar and E. Saterlee. Civil cases of small importance and the settlement of estates consumed much of the court's time. Divorce suits were not infrequent. The principal of these, perhaps, because of the prominence pf the parties, was that between Dr. William Trafton and his wife Hannah, and that against William Wagnon, brought by Mar}', his wife; in the former case the property of Dr. Trafton was equally divided between himself and wife, Jay Morehouse and Horace Dunham being appointed by the court to make the division. Mrs. Watrnon alleged abandonment and infidelity, and, by agreement of the parties, obtained a decree. State cases were numerous, and were based on all sorts of violations of law, those for assault and battery being the most frequent. In those days a man's readiness to fight and his skill in personal combat were tests of his manhood. Indictments for assault and battery were returned against many of the foremost men of the county. Hugh McGary received more attention in this line perhaps than any other individual. He was once indicted for obtaining money under false pretenses, and again for adultery, but in neither of these cases was he found to be guilty. Gen. Elisha Harrison was tried for assault and battery with intent to murder. He was acquitted of the intent to murder but found guilty of the assault and battery. His fine was probably the lowest ever assessed by an}- jur}- in this county, being one mill.

Among the pioneers there were few. if an)', better men than John Ingle, and yet he, too, was tried for assault and battery. When arraigned he pleaded guilt}' and threw himself on the mere}' of the court. The merciful judge punished him with a fine of one cent. Maj. Alanson Warner, a conspicuous- figure of early times, well remembered by the older citizens of to-day, was also fined for a similar proof of temper. Ezekial Saunders, the pioneer preacher, and a good man, was indicted for usurpation, tried, found guilty, and fined one cent. There were also num- berless indictments for extortion, taking up horses, larcenj-, counterfeiting, selling liquor or practicing medicine without license, adultery, disturbing religious meetings, gambling, and apparently every form of wrong-doing that man's sinful nature could make possible. Philip H. Brent and James McClane were charged with man-stealing; other indictments of the same kind were occasionally returned. Mark Wheeler was one of the purest and most upright men that ever lived in this county, and yet he was put on trial for marking a hog with intent to steal it. David Aikin was foreman of the jury that tried the case. It is hardly necessar}' to say that the verdict was "not guilty." In 1824 Samuel W. Hammond was indicted for issuing a challenge to tight a duel, and upon his trial bj^ a jury of which George W. Jacobs was foreman, was found not guilty. In the next year Samuel Scott, for whom a township was named, was placed under bonds to keep the peace, especially as to Kirby Wood. Thus indefinitely the account might be carried on. Individuals are named m this connection with no desire to reflect discredit upon them but with a view of showing the character of the court's business and incidentally the conditions of societ}- at the times referred to. The facts certainljfurnish no support for theories of social

The court's connection with the pensioning of soldiers and sailors is worthy of notice, that practice now being unknown. B3' laws enacted March 18, 1818, pensions were granted to the survivors of the revolutionarv war, and in order to receive the benefit of these laws apphcants were required to make their proofs before the court within whose circuit they resided. The necessar}- proof was made in the following cases: In 1827, by Daniel McCollum, aged eighty-three years, and Shadrach Elkins, aged seventyeight years, both residents of Posey county. In 1829, by John Henson, aged sixty-two years, and in 1832, by Elijah Stinson, aged seventy-nine years, both residents of Vanderburgh county. The practices of the grand jur}- are also worth}- of notice. If to-day grand jurors would take cognizance of such cases as in earlier times formed a basis for indictments the court would be kept remarkably busy, but perhaps a greater degree of social purity than now exists would be obtained. Some grand juries inquired carefully into all things affecting the public welfare, whether or not they were strictly violations of law. At the March term, 1822, the grand jury of that year, with William Pennock as foreman, made a general report to the court, denouncing the practice, which was said to prevail in the county, " of the candidates for the various oflices treating electors and others with spirituous li(juors for the purpose of obtaining their election." With concern and regret they viewed the practice as a public evil, subversive of republican principles, and having a tendency to corrupt the morals and produce habits, which, if permitted to be pursued, would in the end destroy the pillars of the government. Their report was spread at length upon the records of the court and directed to be printed in the EvansviUc Gazette.

In March, 1832, Judge Samuel Hall presented his commission, signed by Gov. Noah Noble, as presiding judge of the fourth judicial circuit, and took his seat upon the bench. Previously Judge Hall had resided at Princeton, in Gibson county, where he was doing a small practice. He was not well known in Evansville, and probably never tried a case in the courts of this count}^ before he was called upon to preside. He was a safe counselor, a good judge of law, cool, dispassionate and accurate, but possessing few of the brilliant qualities that were necessary to the conspicuous advocate of that day. After leaving the bench he became president of the E. & C. (now E. &T. H.) Railroad company, and was better known to the people generally as a railroad man than as a lawyer. He was an able manager and proved himself an efficient man of affairs. He was deservedly popular, and was widely respected for his qualities of genuine manliness. He had the reputation of being an upright and honorable citizen. Nothing derogatory to his character could be truthfully said by any one. The later years of his life were uneventful and he died in Princeton, where a son of his now resides. He took some interest in politics, and at one time aspired to a nomination for congress.

Judge Hall resigned his office in 1S35, and was succeeded by Judge Charles I. Battell, appointed to the vacanc}', who presided only through one term of court. Judge Battell was a resident of Evansville, and a conspicuous member of tlie highest social circles. His service on the bench was of short duration, and it was not as a judge that h-e was best known. The firm of Battell & Ingle had more extensive business relations throughout the east than those enjoyed by any other firm. Their work was chief!}' of a commercial character, and their clients non-residents, and the Branch Bank, then doing business here. He was scholarly and devoted to his books. His practice was not of that general character which enabled him to acquire his knowledge from his associates at the bar, but required a careful consultation of authorities. His work was chiefly in the adjustment of commercial disputes and the settlement of estates - a very valuable branch of the practice, requiring the exercise of the greatest care and ability and permitting no display which would attract public notice.

Judge Battell was not practical, but conscientious and careful to be right; in .the privacy of his office he was a safe counselor. He was remarkable for his absent-mindedness, and was guilty of many queer freaks, due to that characteristic. It is related of him that he often wrote letters to parties at a distance, enclosed them in envelopes, which he addressed to himself, posted them, and in due time received them back through the mails. If Evansville had a social beau in early times, it was Judge Battell. He was an old-school gentleman, polished, gallant and charming in conversation, a most welcome guest at every social gathering, and a delightful companion at all times. He was unmarried and had no relatives here. He retired from the practice about 1847, and soon afterward, while in Ohio, met with a severe accident by the overturning of a stage-coach, which crippled him for life. He spent much of his time in Evansville, and occasionally visited in New York city, where he died, probably twenty years ago.

At the first regular election following Judge Hall's resignation Elisha Embree, of Princeton, Gibson county, was elected judge of the fourth judicial circuit, and was commissioned December ri, 1835, by Gov. Noah Nobles. His first term in this county was held in March, 1836. Judge Embree was a native of Kentucky and came to Indiana territor}- with his parents in 181 1, locatincr near Princeton. He studied law in the office of Judge Hall, and was admitted to practice in 1825. Before sointj on the bench he had served in the state senate where he was one of the few who had the courage to oppose the internal improvement legislation which subsequently bore such evil fruits. In the practice of his profession at Princeton, he was eminently successful, being early recognized as an able and eloquent advocate and a sound and practical counselor. Throughout his career he maintained an enviable position among the ablest members of the bar. His thorough acijuaintance with every branch of the law, and his clear perceptive faculties, made him an excellent judge. . It was imptjssible for the best pleaders to confuse him or lead him away from the main point in a case by eloquence, sophistry, or any art known to the profession. He never practiced in this county and was not known here as a practitioner. He was a plain man, practical and unostentatious. Though without polish or the graces which adorn the cultured gentleman, his mind was vigorous, his manners simple, and his character above reproach. In personal appearance he was tall, angular, with high cheek-bones and large features. He always dressed in what appeared to be home-spun jeans - material not in general use among judges and lawyers even at that day. In appearance he was almost a Jac siinilc of Gov. Williams, known to later generations, and -familiarly called "Blue Jeans Williams." In 1847 he was elected to congress, defeating Robert Dale Owen, then at the height of his power and considered impregnable. The campaign was looked at as a battle between giants, and was hotly contested. The chief issue was the tariff,JudgeEmbree setting forth the advantages of protection to American industries and diversified interests, and Mr. Owen arguing for free trade, and predicting the ultimate greatness of the nation, if exclusively a producer of raw materials and possessing a lirm hold upon the world's markets. Judge Embree served but one term in congress and was defeated for reelection. Thereafter until 1863 when his death occurred he resided at Princeton managing his private interests. In every walk of Hfe he attained a distinguished position. In the transaction of the chancery business of the court all of the old common law pleadings with their stilted and prolix verbiage filled the pages of the records. The forms of actions were multifarious. Debt, trover, covenant, assumpsit, detinue, trespass, trespass on the case, etc., etc., were brought into use to suit the various combinations of facts. About 1S35 a marked increase in this branch of the court's business was observable. Evansville had become a town of considerable importance, and men were so occupied with business affairs that they found less time for fighting. That diversion, however, was indulged in quite freely. Other forms of amusement began to interest the pioneers. The excitement of card playing had irresistible charms for the most of them. Their love for poker was wonderful. At that time the game was very popular and fashionable throughout the United States among those of high social standino-. Many men of national repute succumbed to the enticements of the game and often "took a hand " at high stakes. Representatives and senators in congress, members of the cabinet and even the presidents yielded to the fascination. Steamboats on the Ohio river were frequented by professional gamblers, some of whom were men of courage, education, social culture and many polite accomplishments who gave tone and rrrace to their unlawful profession. The evil prevailed at Evansville and led to scores of indictments and limitless sport.

Charles Hancock and John B. Mansell were tried in March, 1837, for keeping a o-amins house, and on conviction were fined $50.00. They fought the case with vigor; asked for a new trial, were denied, and moved to arrest judgment, w ere overruled, and finally paid the fine and costs. There were indictments for keeping nine-

Bench And Bar

During the campaign of 1836 between Van Buren and Harrison, the excitement in Evansville was very great. As a result, many wagers were made. Gen. Robert M. Evans and F. E. Goodsell staked $500 each on the electoral vote of Indiana, Gen. Evans betting that Harrison would get the vote. Both were indicted and fined, Gen. Evans in the sum of one cent, and Mr, Goodsell to the extent of $30.52. John Mitchell bet a coat pattern valued at $25 with William M. Walker, that Martin Van Buren would not be elected president of the United States. After the election both, though among the most prominent of Evansville's early citizens, were prosecuted and fined for their violation of the law. It may be remarked in passing that the now venerable Judge John Pitcher was the prosecuting attorney at that time.

About this time some other trials of a criminal nature attracted general attention. In 1S30 Daniel Rose, of Armstrong township, was indicted for manslaughter. " Not having the fear of God before his e}-es, but being seduced by the instigation of the devil," he had killed Patsey Rose, his wife. It was charged that while she was heavy with child he had beaten her with a beach stick on June 10, in the 3'ear named; that on July 17, he had seized her violently and put her out of the house, she being sick at the time, having lately given birth to her child, and that two days later she died. Judge Charles I. Battell prosecuted the case, but it was not tried until September, 1832, when a verdict of " not guilty " was returned.

In May, 1835, "^ child was found dead in an open field near the dwelling of Nelson Jackson, and it was believed that Ehza Eaton was the perpetrator of the crime. She was unrnarried and was known to have given birth to a child. The indictment charged her with causing the death in three different ways: first, by taking it to the field, secreting and deserting it, thus causing death for lack of nourishment; second, by choking it with a cord; third, by inflicting with some hard substance a mortal wound on its head - a cut three inches long and an inch deep being discovered on its head when found. The prosecution was conducted b}' John Pitcher, but the woman was acquitted.

In the same year Samuel Taylor was indicted for stealing a horse from Joseph Rose, in Armstrong township. Horse-stealing was a crime almost equal to homicide. The case was continued through several terms. At length a writ of capias ad respondendum was returned, " not found," and the prosecution of the case ceased.

Thomas Barnett, sr., was indicted for manslaughter in 1837, was tried two years later and acquitted, having had a previous trial, in which the jur}- failed to agree.

In 1835 Philip Hornbrook, a most excellent gentleman and pioneer citizen of Scott township, brought a case into court on appeal from a justice of the peace, as next friend of "Charles (a boy of color)," against Thomas Duncan, and Henry Smith, wherein it was claimed that the defendants, with " divers sticks, clubs, knives, dirks, swords, fists and other weapons," had beaten the boy, had tied with a rope and taken him about two miles against his will and had imprisoned him twelve hours. On the tria the jury failed to agree, and a year later by agreement the case was dismissed, the defendants paving the costs. About the same time the grand jury returned a true bill against Edmond Maidlow, another of Scott township's best citizens, for harboring a negro, it being charged that " Charles, a mulatto " had come into the state, had not given bond that he would not become a pauper^ and was hired and harbored by Mr. Maidlow who knew these facts. Mr. Maidlow was brought to trial in March, 1836, and found not guiltv. These facts suggest that the hope of obtaining revenge was not without its charm even at that time.

Five colored people were brought into court on a writ of h.ihc.is corpus in 1836. They were Delila Leach and her four children, who obtained their freedom upon the death of their master, James Leach, of Mississippi, through the terms of his will, which also directed his executor to send them to Indiana or Liberia as they might choose. The\' arrived in Evansville with a copy of the late master's will and letters from the executor, and were taken possession of by Dr. William Trafton, who claimed that they were not emancipated bv the will according to the laws of Mississippi, and that by the letter of the executor he was requested to take charge of them. The court, upon hearing the facts, discharged them from the custody and power of Dr. Trafton.

Following the financial crisis of 1837 there was an enormous increase in the civil business of the court. There was wide-spread failure in mercantile circles; suits for the recovery of debts, foreclosures and ejectments were a most natural sequence. The letters of Amos Clark, one of the most prominent lawyers of that day, are quoted elsewhere in these pages to show the real conditions of the times. Judgments were taken against the best men in this part of the country. The rapid immigration preceding that year had increased the number of citizens who were directed to the courts of this count\' for the preservation of rights and redress of wrongs, and thus a large natural increase in the volume of the court's business had been effected. Three terms had been established where two had previously sufficed, but one of these, owing to the generally demoralized condition into which all public affairs of the state were thrown about that time was soon thereafter taken away. The litigation consequent upon the hard times of that period taxed the energies of the court probably as never at anj- other time, and certainly as never before.

The last mentioned of the president judges was Hon. Elisha Embree. His successor. Judge James Lockhart, commissioned in March, 1846, by Gov. James Whitcomb, was a resident of Evansville, and before ascending to the bench had become one of the foremost lawyers in this part of the state. His selection to the important office was a just tribute to his abilities and worth. A native of New York he was born 1806, and died in this city in 1857. Admitted to the Evansville bar in 1832, he soon gained recognition as an able and erudite lawyer. He was not a man of quick perception and ready speech, but studious and painstaking. When addressing court or jury he was slow, deliberate and earnest. His intense interest in an}- case which he undertook, and his deep, enthusiastic earnestness carried conviction. He was known as a book lawyer, plodding patientlv through authorities \ and working his cases thoroughl}-. He was I much like Judge Iglehart, well known to later practitioners, except that he lacked some of the smoothness of the latter and was not as clear a writer. Throughout his career as a practitioner he held a commanding position. On the bench he was impartial, just and thoroughly capable. For several years he was prosecuting attorney for the district, was a member of the constitutional con\ention in 1 851, and was elected to a seat ; in the Thirty-second congress but died before taking the office. He was well known ' as a politician throughout the district, and I was a recognized leader of the democracy.

Socially he enjoyed a very high standing, being refined and cultivated and having a most excellent wife, daughter of David Negley, of Centre township. The fact is worthy of mention that the only dinner ever given to the Evans\'ille bar was at the hospitable home of Judge Lockhart, shortly before his election to congress. There were then about sixteen la\v\'ers in the city, and all were present on the occasion. It need hardly be said that a most delightful afternoon was enjoyed. His attainments and character gave Judge Lockhart a lasting hold upon the esteem of his contemporaries in social and professional circles.

The next to preside in the circuit court of Vanderburgh county, was Alvin P. Hovey, who was commissioned in September, 1 85 1, by Gov. Joseph A. Wright. The career of Gen. Hovey is a part of the state and national history, now fresh in the minds of the people because of his recent elevation from the halls of congress to the highest executive office in the state of Indiana. He is not the creature of advantageous circumstances, but struggHng against adversity from his youth, by dint of persevering industry he has achieved a most honorable career. His home was at Mt. Vernon, in Posey county, and there he pursued the study of law in the office of that eminent lawver, Judge John Pitcher. He was a consumer of the " midnight oil," studying under great disadvantages, but j'ielding to no form of adversit}'. In the old court house, in one of the small chambers on the upper floor he had his bed and his books. The light from his window was a sort of beacon, late at night, visible even beyond the limits of the town. He was a well-read lawyer, and as a practitioner was very popular among the members of the bar. When he went on the bench he was a j'oung man, but his abilities were such that he easily understood the intricacies of the law and was able to solve disputed questions in harmony with justice and right. Dignity on the bench he always maintained with the utmost rigor. He was ver}' considerate of all attorneys, especially of young men, always giving them a fair opportunity, it mattering not against whom they were pitted.

In his earl^' career he affiliated with the whigs, but in 1848 joined the democracy and was soon thereafter elected to the judgeship by that party. Later he became a repubhcan, and for many years has been a party leader in the state. He has always been a decided partisan, without, however, obtruding his political opinions on others in an offensive way. He has been so tolerant and considerate that manj-, differing from him politically, have for him the warmest feelings of friendship. For more than thirty-five years General Hovey has been one of the most prominent men in the state. During the civil war few excelled him in patriotic devotion to the Union; few achieved a brighter record for gallantr}', heroism, and generalship. He has ably represented the nation in foreign courts; he has sat with honor and dignity upon the supreme bench of the state; with unusual abilitv he has served his district in the national congress, and has become the (governor of his state.

The March term, 1852, was the first held after 1819 without associate judges. In 1842 John W. Lilliston had been succeeded by Conrad Staser, an upright and honorable man, who resided in Scott township. He was a farmer by occupation, and, like his predecessors, knew very little of the law. He was the son of the German pioneer Frederick Staser, who was one of tfie earliest settlers in the county. His life was uneventful, his elevation to the bench probably being the greatest recognition given to his abilities b}' his fellow citizens. His career as a citizen was honorable throughout. His death occurred while on his wa\' to California about 1850. In 1844 Silas Stephens succeeded Judge Olmstead. Judge Stephens was a man of sterling worth, possessing the attributes of genuine manhood, and in his career reflecting honor upon himself and the communit}' of which he was a part. lie was a native of Kentucky, born in 1801, and in his youth learned the trade of a saddler. He came to Vanderburgh county in 1822, with no worldly possessions but the clothes of a pioneer hunter and a rifle. By steadfast industry, strict economy, and an unswerving adherence to honorable methods, he accumulated a valuable estate. His earh' manhood was devoted to a business career, he being principally engaged with work at his trade and in mercantile pursuits. After leaving the bench he resided near the cit\', occupied with the management of his large private interests. When elected judge he had no legal education, but his strong mind, large store of good common sense, his uprightness and strict sense of honor, fitted him admirably for the position. He did not allow himself to remain uninformed in the law, but by patient study became familiar with the duties of his office, and proved himself an able and successful oflicial. Judge Stephens married Miss Julienne E\ans, daughter of Gen. Robert M. Evans. Their descendants occupy an honorable place in this communilv to this dav.

The last of the associate judges was William Shook, who succeeded Judge Staser in 1S49. ^^^ ^^'''^ 'I farmer residing in Union township, very ilHterate, possessing no knowledge of law, but having good judgment and a fair amount of common sense. He was kind-hearted and rather an enterprising citizen. His habits of life were not (fOod, and his moral perceptions were obtuse. ?0

Before the adoption of the code of 1852 the common law practice pro\'ided for actions at law and suits in chancery- ; actions at law being subdivided and classified assumpsit, debt, trespass, case, trover, ejectment, etc. B\- the code the distinction between actions at law and suits in equity was abolished, and one form for all actions provided, a complaint stating the facts constituting the cause of action. This radical change notwithstandintr its tendency to obscure the salutary principles that obtained in chancery courts, and to encourage loose pleading, has, on the whole, worked well, under the new order of things; while before, chancery cases were tried by the court, afterward all cases at the election of either party were tried by a jury, and in cases that wotild have been chancery causes, suits for the settlement of long and intricate partnerships, etc., there was frequently a miscarriage of justice, for jurors were not allowed even to take notes of the evidence. This condition of affairs was remedied by the code of 1881, which provides that all cases which before the code of 1852, were of exclusive chancery jurisdiction, shall be tried by the court.

The adoption of the code of 1852 ended forever the careers of the mythical John Doe and Richard Roe, who had for years been familiar to ever}- lawyer as the chief figures in a legal fiction used in actions for the recovery of real estate. The new code provided that every cause should be prosecuted b\' the real party in interest and against the real party complained of. The alacrity with which Doe always stepped in to vindicate the alleged right of the man out of possession, and the equal promptness of Roe to insist that the man in possession was the lawful owner and entitled to retain his pos- session, were such that old practitioners could not take a final leave of these knightserrant of the common law without feelings of intense regret. With the abolition of fictions, and a modification and simplification of many forms of proceedure, much of the intricate learning of the old common law fell into disuse and became mere matters 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 embodiment of the right principles of justice and equity. It had been founded on the wisdom and experience of ages, and its admirers stood in awe of any attempt to prune it, eyen of its smallest branches. Man\- of the old practitioners regarded the innovation as sacrilege, few became reconciled to the change, and some went so far as to abandon the practice forever.

The character of the court's busin'ess, though transacted in a different way, has been much the same since 1852, as it was before that date. Extensive and important litigation has frequently engaged its attention. Crimes and misdemeanors have been committed frequently, and even a brief account of the man}- important criminal trials of recent years can not be undertaken. The penitentiary has received a large ([uota of its inmates from Vanderburgh county. \yrong-doing has never been allowed to go unpunished through a lack of judicial integrity or a failure on the part of any officer of the court in the performance of duty.

The civil cases, because of the advancement of the locality in wealth, and the increase in the fortunes of individuals and corporations, have been of much greater importance, if measured by the amounts involved, in late years than formerly'. The most important of these, up to the time of its trial, and perhaps as interesting a case as any ever heard by the court was that entitled Longworth vs. Bell and Kiger. The trial was conducted by Conrad Baker, Thomas E. Garvin and Alvin P. Hovey, for the plaintiff; by James Lockhart, J. J. Chandler, James G. Jones and James E. Blythe, for the defendants; and was heard b}' Judge William E. Niblack. It involved the title to 160 acres of land, then near the boundary of the city, and now within its limits. There was rather a striking similarit}'' between the case and that in which John J. Audubon was defendant, in earlier 3'ears. The land in dispute had been entered about 1820, by Messrs. Pearson and Paxton, general merchants then in business at Cincinnati, Ohio. The credit system was then in vogue on land entries, and full paj'ment was not at first made. It appeared that afterward Mr. Longworth paid the purchase money. The firm of Pearson & Paxton failed. The certificate of purchase for the land was taken by Nicholas Longworth, of Cincinnati, in payment of its debts with an irregular or informal assignment on the back of, or attached to, the certificate. Mr. Longworth left the certificate in the hands of Vachel Worthington, a Cincinnati lawyer, who deposited it in his safe. He then took possession of the land, and through his agents had put a part of it in cultivation, had cleared it of its timber, and made use of it as if his title had been perfect. After the lapse of }'ears, Mr. Lonijworth forjjot how his title was obtained and onl\' knew in general that he had long been in possession and that his ownership was based upon a title properly acquired, as he thought, in the first instance. The records of the land office and of this county showed nothing be\'ond the entr\- of the land by Pearson & Paxton. The claim of Bell & Kiger was based upon deeds frorn the heirs of these merchants. When the suit was commenced Mr. Longworth was unable to show title of any sort. During- the progress of the trial, the lawyer Worthington, when about to abandon the practice, was examining the accumulated mass of old papers in his safe and ollice and discovered the certificate with its informal assignment to Longworth. The paper was placed in the hands of Mr. Longworth's attorneys, its receipt causing considerable rejoicing. The case was decided in favor of Longworth, and was then carried to the supreme court where the judgment of the lower court was affirmed. i\nother important case, attracting general interest, was that of Mrs. Saleta Evans Mary Stephens et al. It involved the title to the Evans block, and brought into question the will of Gen. Robert M. Evans. The case was tried before Judge John Baker of the third judicial circuit, was sharply contested, and finally decided in favor of the plaintiff.

The cases in which banks, railroads and other corporations, the city as a corporate body, and the county have been parties have been of such magnitude and importance as to demand the highest legal attainments for their proper settlement. In the conduct of weighty litigation, some of which has been carried to the supreme court of the state and to the highest judicial tribunes of the nation, the members of the Evansville bar have displayed great abilit}' and learning; and in the final determination of those cases taken on appeal to higher courts, the judgments of Vanderburgh county courts have been generally sustained, thus showing the high character and {Cgal understanding of those whom the public has intrusted with the discharge of the great responsibilities and duties attaching to the bench.

Judge William E. Niblack was commissioned by Gov. Joseph A. Wright in April, 1854, and succeeded Judge Hovey. Judge Niblack never resided in this county. He was a native of Dubois county, and resided at Dover Hill, Martin county, when he went upon the bench. At that time he was without experience in law, ex;cept such as he had obtained by a few years' practice in his own county. Notwithstanding this he succeeded in becoming an able judge. What he lacked in legal learning he made up in good judgment and what is called " hard common sense." To be a good judge it is not always necessary to be an excellent lawyer. With a sharp attorney on either side of a case calling attention to every phase of the law involved and citing authorities, it becomes an easy matter for a " level-headed" man to solve disputes in accordance with the right. Judge Niblack was kind, affable, honest and upright, and had many friends. His pleasant and genial manners made him an agreeable companion, but he was not a refined or polished gentleman and exhibited neither a fondness for literary work nor a particular acquaintance with general literature. His manners were so conciliatory that it is said few were offended by his decisions. Even when deciding adversely, he did it in such a way as to relieve the decision of all asperity. He was thoroughly just, and on the whole an excellent judge. He left the bench with the respect of the bar and the confidence of the people. Afterward he went to congress, being elected with very little opposition to fill the term to which Judge Lockhart had been previously elected, and later for many 3'ears sat upon the supreme bench of the state.

When Judge Niblack resigned in October, 1857, to go to congress, the vacancy was filled by the appointment of Ballard Smith. He was commissioned October 24, 1857, by Gov. A. P. Willard. At the time of his appointment he was a resident of Cannelton, in Perry county, and after leaving the bench removed to Terre Haute, where he became one of the foremost members of the Vigo county bar. He was perhaps the most pohshed judge ever on the bench in this circuit. He was refined, scholarlv, and possessed in a marked degree all the characteristics of a genuine gentleman. Socially he maintained a high standing and his company was sought by the best people. He held only a few terms of court here, but everybody liked him and regretted his departure. On the bench, in the trial of causes, he gave great satisfaction.

The universal regret at the departure of Judge Smith, subjected his successor, Judge M. F. Burke, to a critical reception. He was a resident of Washington, Daviess county, and was commissioned by Gov. Willard, in November, 1858. That he gave eminent satisfaction under the circumstances, was proof of his manly qualities. He soon inii^ratiated himself into the good graces of the bar and became popular. He was an Irishman by birth and possessed the read}' wit peculiar to that race. He was a hard student, a thorough lawyer, and an honest and upright judge. While here, he was a man of very correct habits, and his life on the bench was above reproach. In politics he was an acknowledged leader of the democracy in his district.

Judge William F. Parrett was commissioned by Gov. A. P. Willard in August, 1859, and for ten years presided in the courts of this circuit. He resigned in 1869 to engage in the practice of law, but on March 7th, 1873, was again called to the bench by an appointment from Gov. Thomas A. Hendricks, and for nearl}' sixteen years held aloft the scales of justice in this circuit, resigning December 31, 18S8, because of his election as a representative in congress.

None have filled the position with more becoming dignity nor discharged its delicate duties with less partiality than Judge Parrett. The extended notice of his life demanded by his exalted career as a citizen and jurist appears elsewhere in this volume. In this connection the action of the court and bar upon the occasion of his retirement from the bench may be appropriately inserted. A committee, consisting of Gen. J. M. Shackleford, D. B. Kumler, James T. Walker, R. C. Wilkinson, Cicero Buchanan and J. G. Winfrey, was appointed to draft a suitable expression of the respectful feelings entertained for the retiring judge. In the afternoon of January 5, 1S89, Gen. James M. Shackleford arose in the circuit court, and after making a few remarks offered the following resolution :

" Our distinguished fellow-citizen and brother, Hon. William F. Parrett, having resigned the judgeship, which office he has held and adorned for more than a quarter of a century, we, the members of the Evansville bar, cordially unite in giving tliis expression of our high regard for him, both as a man and a jurist. As a man, he is open, genial and unassuming. In private and social intercourse, he is amiable, attractive and the soul of generosity; and above all this, he is possessed of a temper instinct with honesty. Blessed of heaven with a clear, broad, comprehensive and well-balanced mind, which he has richly stored with legal learning, rooted and grounded in the principles of the law, he, during all the years he was on the bench, dispensed justice, -' seasoned with mercy," with such ability and conspicuous impartiality as won the esteem and challenged the admiration of all concerned. It is a source of pleasure and pride to the members of this bar to recount these things; therefore,

Judge Parrett Retires

The court ordered the resolutions to be spread upon the minutes, and remarks eulogistic of Judge Parrett were made b\- Col. J. 8. Buchanan, Col. C. H. Butterfield and Mr. D. B. Kumler.

During the period from 1S69 to 1873, while Judge Parrett was in the active practice of law, the bench was occupied by Judge Jarnes G. Jones and Judge David T. Laird. Judge Jones was appointed by Gov. Conrad Baker in April, 1869. For many years he had been one of the most brilliant members of the bar. His methods of reasoning were those of a logician, and he possessed the graces of a natural orator. Standing at the head of the profession he became familiar with every branch of the practice. His early mental training was obtained in the public schools. He was without a classical education, but through his studious habits and his tastes for mental work he became familiar with current polite literature. Durinjx the civil war he rendered effective and devoted service to the Union cause. Armv life, however, impaired his mental vigor, and while in the service he contracted habits of life which greatlv interfered with the clearness of his intellect. He was on the bench but a short lime, and while there, through sickness and other causes, was unable to add lustre to the brilliant record which he had already achieved as a member of the bar. His health failed rapidly and special judges tried many of the important cases coming before the court during his term of othce. He is best remembered by the older members of the bar for the brilliancy and grandeur of his early career. Judge David ^P. Laird was commissioned in October, 1870. He was a resident of Rockport, Spencer county, where he still remains a venerable member of the bar. He was a rough and vigorous character, with little legal or literary learning. Though without polish, he did not lack good sense and sound judgment. His conceptions were clear, and he went to the core of a case, regardless of technicalities, concerning himself only as to what was right and just. He was never influenced by the wishes of the parties to an action, but endeavored alvva^'s to dispense justice stricth', without bias or partiality. He was not popular with the bar at this place because it was not believed that his professional attainments justified his elevation to the bench. But his probity and uprightness were universall}' acknowledged and in manj- respects he was an excellent court officer.

Judge R. D. Richardson was appointed in January, 1S89, by Gov. Gray to lill the unexpired term of Judge Parrett. Judge Richardson for many years has been a conspicuous member of the bar at this place, and because of his eminence as a law}-er and his gentlemanW traits, has won the respect of the entire bar. When he took his place upon the bench, before the transaction of any business, Mr. D. B. Kumler arose and said :

" Ma\' it please your honor, I desire to say a word which is of interest to us all, though it is a little out of the routine of court affairs. On behalf of this bar I desire to inform your honor that we have e\"ery confidence in your ability, honor and integritv, and are certain that you will make a worthy successor to the illustrious and learned gentleman w ho has for so man}- years filled the seat of power and digtfity which you now occupy. This bar will have great pleasure in practicing under your honor, and pledges itself in that behalf.''

The bench of Vanderburgh county has been blessed with a line of distinguished men, able, pure, and against whose judicial integrity there has been no taint whatever. This can be said rarely of a line of judges extending through nearly three-quarters of a century. There was never a sustained charge, and indeed never a suspicion of corruption against any one of the fifteen judges who have presided in the circuit court of this county. All have been thoroughly trained in the profession, and their methods have been in strict accordance with professional ethics.

The Circuit Court Seal. - At the second term of the Vanderburgh count}- circuit court, held Ma}' 25, 1818, a scroll, called in the records " a common scrawl," surrounding the words, " Seal, C. C, Vanderburgh County," was adopted as the seal of the court until a more suitable one could be provided. This was continued in use until the June term, 1S22, when the court adopted a seal engraved with the device of the balances on its face, and the words " Seal of the Vanderburgh Circuit Court " surrounding its center, being almost a fcic simile of the seal now in use. At the October term, 1853, a seal was adopted which, on the records, is described as follows: Around the circumference of said seal there is a circle, and within this circle there is a smaller circle, and between the two circles are the words, " Seal of Vanderburgh Circuit Court," and in the center there is the following device, viz., a pair of scales, and below the scales there is the word " Indiana."

Circuit Relations. - From 1818 to 1852 Vanderburgh county formed a part of the fourth judicial circuit of Indiana. In April, 1 85 2, it was made a part of the third judicial circuit, and later became a part of the fifteenth judicial circuit. In 1873, when the state was re-districted, it was joined with

Probate Court. - The judiciary system of Indiana territory comprised a common pleas court, which was abolished in 18 16. To perform a part of its duties, by the early laws of the state a probate court was established, with jurisdiction over all matters pertaining to the settlement of estates. The first probate court in Vanderburgh county was held in the county clerk's office in February, 1821, with associate judges

John McCrary and William Wagnon presiding. The associate judges of the circuit court were ex-officio judges of this court until 1829. In that year George W. Lind-

' for August, 1846; Edward Hopkins, November, 1S46, to August, 1850; Cadwallader M. Griffith, August, 1850, to August, 1851; Ira P. Granger, August, 1851, to August, 1852. The old probate system prevailed until the adoption of the canstitution of 1852, when the common pleas court, again revived, absorbed its business. The judges in this court were all very prominent men in early times and closely identified with the best interests of the city and countv. They were not lawyers but men of sound judgment and of unquestioned integrity. The - records show that a very large amount of important business was transacted by each of them.

CoiuDion Pleas Court. - By the acts of 1852 the court of common pleas was created with exclusive jurisdiction over estates and guardianships, and largely concurrent juris- diction with the circuit court, except cases involving title to real estate, actions for slander, libel and breach of promise to marry. The circuit court retained exclusive jurisdiction over felonies, except enumerated cases for the benefit of defendants, in order to secure a speedy trial; and exclusive jurisdiction over misdemeanors was given to the court of common pleas, except the cases over which justices' courts had exclusive jurisdiction. The first term of the common pleas court of the first district, of which Vanderliurgh countv was a part, was held at the court house in Evansville, and began on the first Mondav in January, 1853, Hon. Conrad Baker presiding. This eminent jurist and statesman occupied the bench in this court until December, 1S53, being appointed and commissioned by Gov. Joseph A. Wright. His successor was Judge Asa Iglehart, a man of great legal and literary' attainments, who administered this important trust during three years. From December, 1856, to December, i860. Judge Joel W. B. Moore, a citizen of Warrick county and prominent member of the Boonville bar, presided. At that time the district was composed of Warrick and Vanderburgh counties. It was subsequently enlarged so as to include Posey and Gibson counties also. Judge Moore was succeeded in December, i860, by Judge John Pitcher, a citizen of Posey county, and one of the ablest lawyers in the state of Indiana. After six years he was succeeded by Judge Andrew L. Robinson, who served but one year. The next to preside in this court was Judge Morris S. Johnson, who from December, 1867, to December, 187 1, acceptably discharged the duties of the position. Judge William P. Edson, of Posey county, still prominent in the profession, assumed the ollice in December, 1871, and continued therein until September, 1872, when he was succeeded by Judge William M" Land, of Gibson county. At the January term, 1873, Judge John B. Handy, of Warrick county, later judge of the circuit court of Warrick county, and now a conspicuous member of the Boonville bar, took his seat upon the bench. Judge Handy's term was closed by the termination of the court's existence. By the act of March 6, 1873, the court of common pleas was abolished and all matters confided to it restored to the jurisdiction of the circuit court.

When the common pleas court was created appeals could be taken to the circuit court, but that right was afterward abolished, appeals to the supreme court of the state being allowed. The clerk and sheriff of the county officiated in the common pleas as well as in the circuit court. By the act of June II, 1852, a court of conciliation was created providing that any person claiming to have a cause of action against another for libel, slander, malicious prosecution, assault and battery, or false imprisonment might serve on him a written notice briefly stating the cause of action and requiring him to appear, at a time and place named, before the judge of the court of common pleas, who was ex officio judge of the court of conciliation. None but the parties, guardians of infants, husbands of wives, parties plaintiff or defendant, were permitted to appear at the hearing. It was the duty of the court to affect a reconciliation if it could reasonabl}' be done, and if settled the entr}' thereof ended tJie matter. Without such notice and appearance of the plaintiff before the court of conciliation he could not recover costs in the action, and if the defendant failed .to appear, then if he defeated the action, he could not recover costs. In theory the law was a good one, but in practice it was a failure, for the parties appeared but refused to be conciliated. The law creating this branch of the court was repealed in 1867. The judges of this court who resided in Evansville, Hon. Conrad Baker, Asa Iglehart, Andrew L. Robinson and Morris S.Johnson, are mentioned more at length elsewhere in these pages.

Criminal Circuit Court. - In 1869, the general assembly created a criminal circuit court in Vanderburgh county, the county constituting the twenty-eighth judicial circuit. The first term of this court was held at the court-house in Evansville, on the first Monday in June, 1869, with Hon. Andrew L. Robinson as judge, and William P. Hargrave as prosecutor. A seal bearing within the circle about the center, the words: " Vanderburgh Criminal Circuit Court, Indiana," and on its face the device of an eagle holding in its beak a scroll with the words "justice" written thereon, was adopted, and the court proceeded to business. Judge Robinson was succeeded in November, 1870, by Judge C. H. Butterfield, who served until June, 1872. Judge William P. Hargrave was then elected and continued to administer justice in that court until July, 1877. In the following September the business of the court was transferred to the circuit court. During its existence the criminal circuit court had exxlusive jurisdiction over criminal causes arisinsr in Vanderburgh county, except such misdemeanors as were exclusively within the jurisdiction of the justice's courts. Judges Robinson and Butterfield are well known through distinguished services in other branches of the law. Judge Hargrave possessed peculiarities which affected his popularity as a court officer. He was a fair lawyer and an honest judge. After leaving the bench he removed from Evansville and entered the ministry of the Methodist Episcopal church.

Superior Court. - The superior court of Vanderburgh county was created b}- legislative enactment in 1877. Its first term was held at the court-house in Evansville on the first Monda\' in August of that year. Judge Azro Dyer, an able lawyer and upright citizen, was appointed by Gov. James D. Williams to occup}' the bench in this court, his commission being dated July 7? 1877- I^y successive elections. Judge D\er has continued to serve in this important capacity to the present time. At the first term of the court, rules for its government were prepared b\- Judges Azro Dyer and William F. Parrett, assisted by Hons. Asa Inglehart, Charles Denby and Edward E. Law. The court has concurrent jurisdiction with the circuit court of Vanderburgh county, except in criminal cases.

T/ic Bar. - The Evansville bar throughout the past has been composed chielly of men of large legal attainments and of high character. Among the practicing lawyers either residing in Evansville or attending the courts of this county during the first ten years of the existence of the county there were many men worthy of a more extended notice than can be given in this connection. Of these, Amos Clark, John Law, Horace Dunham, John Pitcher, Eben D. Edson, and John A. Brackenridge were pre-eminent. A few years later came James G. Jones, W. T. T. Jones, H. G. Barkwell, John Ingle, jr., John J. Chandler, Conrad Baker, James Blythe, Lemuel Q. DeBruler, Thomas F. DeBruler, Thomas E. Garvin, Andrew L. Robinson, and others of superior natural endowments and large attainments.

Amos Clark was a well-read lawyer, a good coimselor, fine pleader, and a man of public spirit, largely influential in the early development of this section, and one of the most prominent figures of earl\- times. Following the panic of 1837 he met severe financial reverses, and left here for Texas, where he permanentl}' located. John

Evansville Bar

Law was the first prost-cutor in V'anderburgh county, and was one of the most distintjuished men ever connected with the bar of Evansville. lie was an able and erudite lawyer, a ripe scholar and a perfect gentleman. Full of anecdotes, with very pleasant manners, of a friendly disposition and skilled in the fraces of life, he was a conspicuous figure in social, as well as professional circles. Horace Dunham occupied a high place at the bar, and was considered an able lawyer and an upright man. John Pitcher, Eben D. Edson and John A. Brackenridge were not residents of the county, but their superior talents and frequent attendance upon the court gave their names an indissoluble connection with the history of Vanderburgh count}-. Judge John Pitcher still resides at Mt. Vernon. In vigor of intellect he stands to-day the peer of any man of his j-ears in the state, and during the period of his activitj' he was always the equal of all in his profession in excellence and endowments. This venerable man is now ninety-six years of age, but his mental brilliancy is undimmed by the weight of years. Mis memory is good, and his conversation sharp, pointed, and epigrammatic. He is well posted on current political events, and his mind is a veritable storehouse of usetul information concerning the olden times. His mental strength and acuteness are such that his chief pleasures are obtained from the pursuit of scientific and literary publications. Eben D. Edson was from Posey count\-, and John A. Brackenridge from Warrick. Each attained marked distinction not only in the count}* of his residence, but throughout southern Indiana. Ex-Governors Powell and Dixon and Judge Towles, of Henderson, Ky., were also prominent practitioners in the Vanderburgh county court in early da\s. The superior qualities of

James G. Jones, W. T. T. Jones, John Ingle, jr., Conrad Baker, Asa Inglehart, James M. Shanklin, and others of his associates are elsewhere adverted to. Judge H. G. Barkwell is still living, though retired from practice. For many years he was a prominent practitioner throughout southern Indiana, and won honorable distinction. John J. Chandler was accomplished in literature, a profound lawyer, a progressive, generous, publicspirited citizen, and one of the brightest ornaments that ever adorned the legal profession in the state of Indiana. His abilities were of the highest order and his memory is held in the profoundest respect by every one who was in a position to know his character and his worth. Andrew L. Robinson was in many respects the equal of Mr. Chandler. He was a noted man in the district, and through the force of his character and attamments, made his influence co-extensive with his acquaintance. Physically he was large and of commanding presence. At the bar or on the stump his speech was powerful, and at times he was genuinely eloquent. Few men have occupied so large a place in the histor}' of this county and section as did this learned lawyer. James E. Blythe was recognized as one of the most effective orators and best lawyers in this state. He was a sound counselor and a very brilliant advocate. The firm of Jones & Blythe was one of the strongest in the city during its existence. Morris S. Johnson was a good lawyer, safe counselor and excellent judge, but not a brilliant ad\ocate.

L. Q. DeBruler and Thomas F. DeBruler were men of large influence, and gained for the DeBruler name a distinguished place in the annals of their times. Thomas E. Garvin, now the oldest member of the Evan.sville bar in point of contiimous service is the link connecting the old time bar with the present period. His business conduct e.\- emplifies the strictly honorable methods of the old-time practice. Thoroughly versed in ever}' branch of law and familiar with ever}' authority, he has always been a safe counselor, while his abilities as an advocate have been of a high order. His natural talents, his studious habits and his adherence to legitimate methods early gained for him an enviable prominence among his associates at the bar, and this position- he continues to hold. In his profession, in politics, and as a progressive citizen, he has for many years been a recognized leader throughout his county, the district and the state. Judge William F. Parrett was admitted to practice here in 1849, and Charles Denby in 1S54. These distinguished men were important additions to the bar. Both have been for many years among the most conspicuous figures in legal and political circles in southern Indiana. Gen. James M. Shackelford came herein 1864. He had won distinction on the field of battle, and earl\- attained recognition as an exceptionall)' brilliant lawyer. About the same time, Peter Maier, a good lawyer and an upright man, and Judge Azro Dyer, an ornament to the profession, and during its entire existence judge of the superior court, became associated with this bar. Charles H. Butterfield and S. R. Hornbrook soon thereafter were admitted to practice here. Mr. Hornbrook is a cultured gentleman of literarv tastes, a good law3'er, conscientious in his practice and successful. Col. Butterfield has a brilliant military record, is a well-read law3'er, and for some time has been county attorney. J. S. Buchanan, II. C. Goodwin and George P. Peck were all valuable acquisitions to the bar. Mr. Peck was a good man in every respect, of strong, clear intellect. He died here while in the practice about tvvent}' years ago. Messrs. Buchanan and Goodwin are still prominent members of the bar.

Late in the sixties the strength of the bar was greatly added to. Such men as John E. Iglehart, D. B. Kumler, James B. Rucker, Robert D. Richardson, H. A. Mattison, Jesse W. Walker and James M. Warren became identified with it. The two last named are no longer among the living; Robert D. Richardson has advanced to the bench, and each of the others named occupies an honorable and conspicuous place among those constituting the present bar. James M. Warren was prominent here for several years ; his health failing, he went to Denver, Col., and there died. Jesse W. Walker had an excellent reputation as a lawyer and public officer. He held many positions of trust, and was considered one of the best men in all respects that ever lived in Evansville. Concerning those who have been most conspicuous during the last twenty years, not elsewhere noted, only biief mention can be made here.