Washington County, Indiana - Chapter 16: Crimes and Misdemeanors, 1916 (part 1 of 2)

Chapter 16: Crimes and Misdemeanors

The first grand jur\' in the county was empaneled on April ii, 1814, court being held in the house of William Lindley. It consisted of eighteen good and lawful men, as follow: George Beck, foreman; together with Christopher Morris. Amos Thornburg, Edmund Hensley, Godlove Kemp, Andrew Housh, Jesse Spurgeon, David Denney. Samuel Lindley, Alexander Little, Joseph Latta, David Colglazier, James Young, William Kennedy. John McPheeters, Jesse Durham, Thomas Denney and Amos Wright. Their investigations resulted in the finding of two indictments, one against Susan Deem for forgery, a second against John Ramsey for assault and battery. At a subsequent term of the court Ramsey stood trial, the first one in the circuit court for criminal ofifense, and was found guilty as charged in the indictment and was mulct in the sum of ten dollars and costs for his offense. Susan Deem's case was continued from term to term on account of absence of important witnesses for the prosecution, until April, 181 6, when the case was dismissed.

The first suit for divorce was filed by John Fleenor against Elizabeth Fleenor at the April term, 1816. By affidavit accompanying the libel it appeared that the said Elizabeth was not a resident of Indiana Territory. She had refused to accompany her better half into the wilds of the western country. At a subsequent term the court found that "the circumstances relating to this case are such as to warrant them in granting the divorce prayed for and order this decision to be placed on the records of the court."

At the April term, 1816, an indictment was returned against Thomas Bealor, charging him with larceny. In the trial of the case, every point was vigorously contested as if it had been a life or death struggle. Having given heed to the vigorous presentation of the case, both on the part of the prosecution and defense, the jurors took the case and rendered the following verdict : "We, the jury, find the defendant guilty as charged in the within indictment, and we further find the vakie of the property stolen to be sixteen and three-quarter cents." The minuteness of the verdict and the estimated value of the property show that in territorial days people were expected to be honest to the penny. The court pronounced the following judgment on the verdict: "The said Thomas Bealor is sentenced to pay to Richard Newkerk, the person whose property was stolen, the sum of sixteen and three-quarter cents, and that he make his fine to the United States for the use of the county of Washington in the sum of thirty-three and one-half cents, and the costs of this prosecution, and that the said defendant stand committed until the sentence aforesaid is performed."

Troublesome Harry Mings

While Indiana was a territory a number of persons brought slaves into the coiinty and when the state was admitted to the Union the owners thereof were given a stated time to remove them elsewhere or set them free. It appears from the court record that Henry Wyman had been a slave-holder in Kentucky prior to his settling in Indiana Territory in 1808, and that he brought along with him a few servants, among them a boy about seventeen years old. On the 8th of March, 1808, Wyman and Harry Mingo, the slave boy alluded to, came into court, when "the said Harry and said Wyman entered into an agreement that said Harry was to serve said Wyman, his heirs, etc., from that day until the 9th of March, 1868." Afterwards it seems that Harry was a sort of rebellious fellow, and had much trouble with his master while he remained in this county, for as many as four different times they were in court, having their troubles adjusted; Wyman at one time being arraigned by the negro for assault and battery. Before the adoption of Indiana's first constitution, Mingo anticipated his return to Kentucky there to remain in bondage, and with the assistance of sympathizing friends was transported to Canada. It was said that he was one of the first passenbers to be carried through upon the "underground railway," which afterward did such an enormous business.

Feeble-Minded Girl Violated

The first indictment for rape was returned at the April term of court, 1825, charging Wesley Monical, William Moore and Henry Webb with assault and battery with intent to commit a rape upon the body of Margaret Blunk. The trial was an exciting one. Vigorous effort was made by the prosecution to convict the accused and the defense did everything possible to disprove the charge. The girl was regarded as partially idiotic, which caused public opinion to be against the culprits. A verdict of guilty was rendered against each, Monical bei/g sentenced to the penitentiary for tive years and three calendar months; Moore for five years and nine calendar months and Webb for five years. After the commission of the crime there was considerable excitement all over the county concerning it, but not a single proposition to lynch the guilty men was made. Judge Lynch's court was not organized until several years afterward, when law enforcement was lax, and through various technicalities and subterfuges of counsel, criminals were set free, escaped with light punishment not at all commensurate with their crimes.

About the time Salem was made the county seat the town lots were sold, there came in a couple of families named Pearson. In the course of time a feud arose between Patrick and James, just how closely related they were there are no means of ascertaining. The trouble began over some misunderstanding they had in a business transaction. Instead of settling up the matter amicably things continued to grow worse until finally they got into a tight, wlen Patrick stabbed James with a pocket knife, inflicting a mortal wnund. The affray occurred on January i, 1829, and James Pearson died four days afterward. At the ensuing term of court the grand jury returned an indictment against Patrick Pearson for murder. There were some mitigating circumstances which operated in his favor, as shown at the trial of the case and he was found guilty of manslaughter, and was sentenced to the penitentiary for seven years. Shortly afterwards both families left Salem and were never 1 card of again.

Quarrel Fat.Vl To A Colored Man

.\t the April term of court, 1836, Jacob Corn, a colored man, was put on trial under an indictment charging him with the murder of Isaac Johnson, also a colored man. It seems that at a dance in "nigger town," which was east of Salem, on the Canton road, they started quarreling o\er a dusky damsel, which for the time was quieted down, hut a few days after the\- met and a fight ensued. Com striking Johnson in the head with an ax. I'his occurred on March 26 and Johnson died early in .\pril. .\t the trial Corn |)ut in a jilea of self-defense, and the evidence was such that tlie jury found him guilty of manslaughter instead of murder, and assessed his punishment at five and one-half years' imprisonment in the ])enitentiary.

An Honest Old Man Disgraced

John Webb was found guilty of larceny at the October term, 1839, and was sentenced to six years' imprisoniuent. A very sad and unfortunate conviction occurred at this term of court, at which James Brown, an industrious, hard-working man, over three score and ten years old, was indicted and put on trial on a charge of assault and battery, with intent to kill his drunken son-in-law. The young fellow was a huge, overgrown man and was addicted to getting full of "booze" and coming home and abusing his wife in a very brutal manner. Upon one occasion, Brown interceded in his daughter's behalf, when the burly fellow turned upon him. There was little question that the old gentleman acted in self-defense, but w^itnesses to sustain his plea could not be produced, and at that time he could not testify in his own behalf, so the presumption of the law was against him. His attorneys exerted themselves in the old m^m's behalf as they would have pleaded for their own lives, but all to no purpose. He was sent to the state's prison for two years. After sentence was pronounced he was completely broken-hearted, thus to be doomed to occupy a prison cell at the very close of a life that had always run in honest channels ; which none could gainsay. He had- the sympathy of the entire community and a petition was drawn up to secure his pardon, but this he refused to sign, saying he preferred in his disgrace to spend the remainder of his life in prison, hidden away from all who had ever known him. He died shortly after he was carried to the Jeffersonville prison.

In 1838 indictments were returned jointly, for manslaughter, against William and Meritt Young; also a separate indictment for the same offense against William Young. Before being brought to trial Wilham Young died and for some cause or other, Meritt Young was never tried. On the 26th of March, 1849, Wiley Pullian was indicted for passing counterfeit money, but he succee(,led in making good his escape from the officers of the law and was ne\er brought to trial. On the same day Jonathan Odleston, alias James Odle. was tried for forgery, con\'icted and sentenced to the penitentiary for two years. He was an all-round crook, but succeeded in plying his vocation only a short time after landing in Salem before he was trapped and sent to prison for two years.

Robbery And Assault

In the summer of 1847, Isaiah Spurgeon attempted to rob Riley Combs, who li\ed northeast of Salem about four miles. Combs had sold some prop- (28) erty and had taken in some money, which it was supposed he had in his house. Spurgeon, by some means, knew of it, and a few nights later, when he thought Combs was away from home and the wife and children left by themselves, he concluded to ro'i the house. Combs had gone to spend the evening with a neighbor. Spurgeon went to the house about nine o'clock and was recognized by Mrs. Combs, who attempted to prevent the robber from getting to the money, but he stabbed her several times. He then plundered the house and on starting to leave met Combs just outside the door, whom he knocked down and also stabbed and fled to parts unknown. Officers and neighbors turned out in pursuit but he managed to get out of the county. Both Mr. and Mrs. Combs were disabled ciuite a while from the effects of the wounds they had received, but both finally recovered.

Spurgeon went south and crossed the river into Kentucky. The news of the robbery was published in the newspapers. A man named John Smith, who lived near the mouth of Salt river, saw the notice, and seeing a man in that' vicinity who filled the description of the fugitive, procured assistance and took Spurgeon into custody. He was taken to Louisville and the authorities at Salem were notified, who came and took the fellow in custody and brought him to Salem. He was indicted on three charges : two for assault and battery with intent to commit murder and a third for robbery. He was found guilty in all three cases and sentenced to ten, twelve and fourteen years in the state's prison ; thirty-si.x years in all. The supreme court had held that he could not be kept but for the longest period, fourteen years, when he would be free again. He did not live to see the fourteen years pass by, dying of consumption in prison.

At the same term of court James Alvis, a constable, was indicted upon the charge of murdering Leonard Carnes. Alvis attempted to arrest Carnes, who resisted and in the melee Carnes was shot. On the first trial the jury failed to agree, but at a subsequent trial on March 30. 1849, a verdict of not guilty was returned.

Several Cases Of Homicide

At the September term, 1837, Eliza Coffin was indicted for murder in the first degree, and at the September term, 1839, Eliza Fitzpatrick was indicted for a similar crime. These cases were continued from time to time on account of absence of important witnesses, and neither case ever came to trial.

got into trouble, at the bottom of which a woman was concerned. A quarrel led to a fight, and Joseph M. was stabbed, the wound proving to be a mortal one. They were of a very prominent family in the town and the affair was a source of deep regret. An indictment for murder in the first degree was returned against William H. Allen, but he evaded arrest and succeeded in hiding himself somewhere in the far West, where he was never apprehended. Several years afterward he was driving a mowing machine when his team ran away, mangling his body in a horrible manner and killing him outright. In 1867 Sarah J. Williams was indicted for murdering her sister-in-law, Mary Williams. She was a powerful woman, with a satanic temper and possessed of very mediocre intelligence. She attacked her sister-in-law with a butcher knife, cutting her throat from ear to ear. She was tried and received a life sentence.

Tragic Death Of Last Colored Resident

In September, 1867, Alexander White, an aged inoffensive colored man, and the last one of his race to make his home in Salem, was murdered at the railroad crossing on East Market street. He was gtabbed through the heart. Two young men, somewhat intoxicated, Robert Cline and Harvey Zink, were seen trailing after him and were heard to threaten his life if he didn't leave Salem. After the commission of the crime they fled the country. Zink was finally arrested, tried and acquitted. Cline made good his escape.

A good citizen was Absalom Wright. He lived in the country and came to town on February 3, 1868, carrying with him a rifle which needed repairing. As he was walking on South Main street he was accosted by Walker B. Rodman, a young man who at the time was under the influence of whisky. Rodman wrenched the gun from Wright's hand and struck the old man a heavy blow on the head. Wright was picked up in an insensible condition, and died a few hours afterward. Rodman made his escape and was not arrested until April, 1878. He was put on trial for murder and was convicted of manslaughter, his sentence being twenty-one years in the penitentiary.

Between the years 1864-68 Henry Clark was a terror in and around Salem. He was a fine-looking young man, but drank heavily whenever he was able to extort money from his father, who was of a kind and indulgent disposition. Young Clark almost ruined his father financially by his acts of lawlessness, which required considerable sums of money from time to time to keep him out of the clutches of the law. On the evening of April II, 1868, the Good Tenij>lars had a mass meeting at the court house in Salem, which young Clark did not approve of, and he threatened to put some of the leading temperance people where they could not be making war on whisky. As the meeting broke up Clarke stationed himself in the street on the south side of the court house and fired several shots from a pistol into the crowd. A shot struck George E. Telle, inflicting a mortal wound. Clark concealed himself that night in an old house on North Alain street, armed with a pistol and shotgun. The next morning an attempt was made to arrest him, and he warned the officers to keep their distance, that he would shoot the first man who came near his hiding place. Occasionally he would discharge his gun to terrorize the officers attempting to arrest him. Late in the day his father succeeded in perstiading him to surrender. He was indicted, tried, convicted and sentenced to confinement in the peniten- 'tiary for twenty-one years. Being divorced from whisky, he made an exemplary convict and was pardoned before he had ser\ed out quite half his term.

In the latter part of the summer of 1832 a negro slave fled from Kentucky, where he had committed a heinous crime, and kept himself secreted in the woods between Salem and Canton. One night James White, who lived just south of the Canton road, about a mile west of Canton, was absent, and had left at home a boy about fifteen, a young woman and his wife. The Tilfords lived some distance southwest of White's. About nine o'clock at night the negro, in a perfectly nude state, strode into the residence of White, seized the young lady and attempted to carry her out of the house. Mrs. White and the boy fought the negro with firelirands and chilis as long as they could, until felled to the floor by the negro. The fiend then carried the girl out of the house, accomplished his puniose and fled. The Tilfords heard their cries and hastened to their relief, but the darkey was nowhere to be seen.

Next morning the whole county was aroused' and parties went about in all directions in search of the fiend. He had taken refuge in the Knobs, but no one knew \vhere he hail gone. -\ few days afterward he attempted the same outrage upon the wife of a man who li\ed near Green Brier, but the man of the house was close at hand and the darkey Ijeat a hasty retreat.

The owner of the negro had learned that he was probably in Washington county and, coming here, joined in the pursuit. They kept up a diligent search day and night, but failed to locate the rascal.

It being in the fall of the year and the nights cool, the negro ventured back to the farm of Jacob Cox, and crawled under a barn, where he kept hid for about three days; when he was literally starved out and went into a com field on the place and made a fire at the foot of a large poplar tree to roast some com. The smoke led to his discovery, and Col. Henry Dawalt, with some others, surrounded him and demanded his surrender. He started to run, was fired upon and wounded in the leg, but managed to get away and hide in a barn belonging to Hobbs. He was traced thither by the blood spots on the ground' and when found was dragged out and turned over to his master, who took him back to Kentucky. He was tried, found guilty and hanged, as the law of that state made it the penalty of death for such an offense as the negro committed.

Fatal Mistake Of A Comrade

In 1847 '1" escaped convict from Jeffersonville prison was being pursued through this county, and several persons joined in the man-hunt; a good reward having been offered for his capture. Among them was a school teacher of Salem, named Cook, and a young man named Albert Wilson. These two traced the fugitive to the Knobs northeast of Plattsburg, and came upon him unawares, when he broke 'and ran, with Wilson in pursuit and Cook close behind. \\'ilson finally caught the fugitive and threw him, he (Wilson) being uppermost. Cook, cominjg up, thought young Wilson was at the bottom, and that the desperado was in the act of throttling him. Cook drew his knife and' as he supposed, plunged it into the back of the desperado, but in reality into the back of Wilson, giving him a mortal wound from the effect of which he soon died. The convict escaped. Wilson was carried back to Salem and interred in the old Masonic burying ground in the southeast part of town, but his remains were afterward removed to the public cemetery.

As one reviews the crimes and misdemeanors that have been committed in this county during the past century, it is natural to conclude that the conditions of everything in the early settlement of the country made it easy sailing for lawbreakers to get in their work; but there is no doubt that criminals were pursued and run down with considerably more perseverance and persistency than they are nowadays, even with our boasted facihties for pubhshing the commission of crime and travehng about the country.

Long Chase Of A Horse Thief

This fact is iHustrated by an incident that is related of Zach Lindley, in his long journey after a horse thief. A neighbor had a horse stolen, and it was learned that the thief had started south by the most direct route. Lindley undertook to capture the fugitive single-handed and alone. He started out on a "clay-bank" horse of remarkable speed and powers of endurance, got upon the trail and followed the robber into Tennessee. The thief suspected that Lindley was after him, or might have obtained a knowledge of it. The thief was no novice in his profession, and, riding into a small town, represented that he was in pursuit of a horse thief. He gave an exact description of Lindley and the horse he was riding, and left orders for the ofificers to keep a lookout for this man if he came that way.

The thief then mounted his horse and started for another town' which he said the "thief" might make for. Lindley was making good time, knowing that he was close upon his man ; but as soon as he rode into the place he was arrested as a horse thief. Tn vain did he remonstrate and relate the facts. The of^cer having him in charge told him that ruse would not win, and he was locked up. The thief escaped for the time being, and Lindley was held in custody for a number of days, until he had time to send word back to Lidiana and ha-\'e a witness go to his relief. As socm as he got out of jail he vowed he "would follow that thief to kingdom come but he caught him." The trail was then a very cold one, but he took it up, finally landing upon the thief in North Carolina. He lirought him back and had the pleasure of seeing him go to the state's prison.

Robbers And Counterfeiters

While the country was being developed Salem had her share of toughs, gamblers, counterfeiters and robbers. Many of these were professionals did nothing else but move about the country from one town to another, plying their dialx)lical schemes. Many of them were adepts in their professions, but sooner or later they were found out and made to pay the penalty for their misdeeds. In the winter of 1852-53 there came to Salem a fine, sleek-looking gentleman, with long black hair and dressed in the height of fashion. He sported a huge gold watch ,'uul chain, kid gloves, fancy cane.

enormous finger rings and silk tile. Among his other possessions he had a fine gilt-edged Bible and hymn book, attended church and professed to be a very devout Christian. He held himself aloof from the common herd, and formed no intimate acquaintances. He gave his name as Peter Q. Forshee. He had no visible means of support, but seemed to have plenty of money and spent it freely. He put up at the best hotel, and said if he liked the town and people he would later on begin the practice of his profession, which he said was that of a physician.

A Green Goods Salesman

Matters ran along smoothly with him for some weeks, when some knowing ones sized him up as being an impostor - either a counterfeiter or burglar - and they proceeded to lay a trap to detect him if possible. It was the consensus of opinion that he was a counterfeiter, and a detective was put upon his trail. This party labored very diligently for some days trving to worm himself into his confidence, which he finally did, and succeeded in buying from him some of his spurious coin, which he seemed to have in abundance. The morning after he sold the money arrangements were made for his arrest, and was planned as follows: As Forshee never got up to eat breakfast with the regular boarders, he, as a matter of course, had a special breakfast. Sheriff Logan and his deputy were to be in waiting and have a breakfast prepared at the same time. A plate was to be placed on either side of Forshee after he was seated for the use of the other two. They knew Forshee would be a desperate fellow when cornered, as he was known to carry a dirk-knife and revolver, and no chances could be taken with him. As soon as Forshee had begun his breakfast the officers filed in and pulled back their chairs as if they were about to take their seats at the table, when they seized Forshee by each arm and notified him that he was a prisoner. He was immediately disarmed, and the only thing he said was to threaten vengeance upon the head of the fellow who had trapped him. He was allowed to finish his breakfa.st, when they repaired to his ni(ini to make an examination of his trunk. He declined to open it at first, but finally did so, and it was found full of clothing, counterfeit money and f urged notes. By means of letters found in the trunk they learned that he had been at Georgetown, Kentucky, and Pittsburgh, Pennsylvania.

Letters were dispatched to these places and in a few days parties came from Georgetown and recognized Forshee as the forger, burglar and cdunterfeiter they were in search of. He had been arraigned and was being held for trial at the ensuing term of court, but the Kentuckians procured a requisition from the proper authorities and he was turned over to them and returned to Georgetown, where he was tried for his crimes and sent to the state's prison for five years for forgery. He had not been in prison more than six months before he escaped and fled into southwestern Kentucky, where he again assumed the religious role, and professed to be a singing teacher. But he was located by the authorities and taken back to Frankfort prison. He managed to escape a second time, stole a horse and fled to the mountains of Tennessee, again assuming the pious dodge. He again got into trouble and landed in the penitentiary, where he died. Among his papers and memoranda was evidence that he had been a bigamist and seducer in Pennsylvania, and belonged to a regular band of thieves, counterfeiters and robbers.

First Appearance Of The Land Shark

Directly after Forshee put in an appearance in Salem, two other men, supposed to be his pals, came to town ; one pretending to be a real estate agent and the other a patent soap man. They succeeded in victimizing several unsuspecting people, among other things selling several tracts of land located in Michigan. William Shamo got one of his valualile tracts. It turned out that the titles were all right, but the lands were covered by a lake' the water averaging from three to four feet in depth all over the lands. Forshee's arrest scared them up and they left the county. Only a few days after their departure a detective appeared in Salem offering one thousand dollars reward for their apprehension and arrest, but there was no means of telling where they had gone. It was afterward reported that they were run down and landed in the penitentiary in Illinois.

At the October term of the circuit court, 1819, one Howard Gordon was indicted for committing robbery and was tried by jury. Although the theft was for a pett}' sum, the trial was a very hotly contested one, able attorneys having been employed upon both sides of the case. The prosecution won, the jury returning the following verdict : "We, the jury, find the defendant guilty as charged in the within indictment, and do assess his fine at three dollars, and that he get two stripes on his naked back well laid on." According to the then existing la\^-. criminals coukl be punished by fine, imprisonment and the lash as the jury saw fit to inflict, Xo outin the county had ever had a like sentence, and the infliction of the same was likely to attract quite a crowd when it was done. His attorneys made a motion for a new trial upon the plea of newly-discovered evidence and after a very earnest struggle on the part of his counsel the verdict was set aside and a new trial granted, in which he was acquitted.

Penalty Of Flogging Never Inflicted

At the February term of court, 1821, Michael Rudolph was indicted on a robbery charge, and in addition to a fine was also sentenced to receive five lashes upon his bare back, well laid on. To be whipped in public was a punishment that was looked upon as being more disgraceful than going to jail or even the penitentiary. Rudolph also secured a new trial, and at the second trial was acquitted. While the two men were thus given sentences including punishment with the lash, they managed to get free, and no one in this county ever had to be whipped publicly as the law then provided.

Trial Of A Grave-Robber

William A. Bowles, a practicing physician of Fredericksburg, was indicted at the June term of court, 1820, for grave-robbing. He was a bright, ambitious young physician' and he desired the body for private dissection for his own use and benefit. He did not succeed in keeping the crime a secret very long, when the case was reported to the grand jury and an indictment returned against him. To this he pleaded guilty and was fined in the penal sum of fifty dollars. He afterwards removed to the city of French Lick, Orange county, and laid out the town, and as long as he lived was prominent in the early history of the place. He was nearly always engaged in some sort of a lawsuit. At one time he was indicted for importing and harjjoring- slaves in the state. He separated from his wife, she securing a divorce and alimony for twenty-five thousand dollars. He was a very prominent individual in the treason trials at Indianapolis in 1864, he having been one of the leading lights in the Sons of Liberty movement in southern Indiana.

At the October term of court, 1820, James J. Doyer and Nathan Miles were found guilty of man-stealing by the grand jury, they having abducted a couple of negru ixjys from the county whom they sold in Louisville to be put in slavery. Pursuit was given and the boys returned, but the robbers were ne\er apprehended. A shcirt time aiterward uiie .Moses Singlelitii, a noloriiius negro detectne, trader and man ihief, came into Washington and concncted a plan to carry some of the free negroes of Salem across into Kentnckv. He was foui il out, and hefore he could he arrested upon the indictment that was returned against him, fled the country and was never brought to trial.

A Gang Of Counterfeiters

In September, 183 1, (,ill)ert Ihatt was detected in passing counterfeit money, which led to his arrest, and in his possession was found quite a hit of spurious coin, together with all sorts of counterfeiting apparatus. The trial of the case resulted in his ccjnviction and sentence of se\en years' imprisonment in the penitentiary. In his confession several other parties were implicated in the same crime, Init upon his arrest they had taken the .orecaution to get out of the country at once and were never run down.

During the winter of iS_y-30 one Michael Berke)' was teaching school o;i W'alnut Ridge, not far from the jilace that was afterward known as I'lattsjjurgh. It was a subscription school, as all schools were at that tm.e loth teacher and patrons having drawn up and signed an agreement sti])ii- Liling the rate of tuition for each scholar, the number of days the school term was to run, branches to be taught, etc. Berkey was a (|uiet, well-tlispostd, jjeaceable young man, conscientious in the discharge of all his umlcrt ikiiigs. He entered earnestly into his work and was ha\'ing a \er\' successful school. )ilatters move<l along very smoothly until near (.hristiiias lime, when that sa\age relic (jf barliarisin, "Iiarring out." began to be whispered about. The scholars were talking about a "treat" and wondering if the "master" wouM set up the apples and cider without aii} liarNh means being resorted to. Apples and cider were luxuries in those da\ s, there l)eing \ery few orchards in bearing through the country.

The \omig jiedagogue could read the signs of the times, and was not iiiiiiiindful of the fact that the chililrm were getting p(iiiiters from some troubk-making outsiders. In order to a\oid ap])roaching evil and possibly bodily injury to himself, young Berke) announced to his jnipils his willingness to gi\e them a treat and ]iroposed that the agreement be made in writing, and signed by all parties interested, so there W(^uld be no misumlerstaiiding about it later 011. The jiajier read as follow-s: "Know all men bv these presents, That 1, Michael Berkey, of Washington county and state of Indiana, do bind myself agreeahly tu agreement, to treat my scholars to one bushel and a half of ajiples. on the J4th instant, and give them holiday from the evening of the 24th instant to the mornmg of the 4th of January, next, inclusive, and three days of the time to be made up by myself, and the balance to be lost bv tlie school. We, the undersigned scholars of the said Berkey, do agree to accept the proposals above stated, and defend the said Berkey, our teacher, against all other demands that might be made on the same occasion. Given under our hands this 21st day of December, 1829. Attest: M. Berkey. teacher; Palma Hattabaugh, Susannah Housh, Rebecca Blake, Elizabeth Blake, Matilda Gowing, MaUnda Gowing. Martin Govving. Alexander Blake. Silas Killian, Ivy Stanfield. Henry Lumley, Arthur N. Stewart, scholars."

It seems that the above agreement was not altogether satisfactory to all parties concerned, for later on the following additional proclamation was issued by the teacher : "Agreeable to the custom of the enlightened people of the countv, and in consequence of the mutual respect and veneration existing between the undersigned parties, I, the undersigned teacher, do agree and bind myself to treat my school, on the 25th inst., at the school house, to one bushel of apples and two gallons of cider; provided the school will bear the same to the school house ; and we, the undersigned, representatives of said school, do bind ourselves to defend said Berkey, our teacher, against all other demands that might be made on the same occasion. Given under our hands, etc."

This was not enough for some of the larger boys, who had refused to enter into any agreement whatsoever, as they were bent upon giving the teacher a ducking, nothing short of which would satisfy them. So they sent the master the following ultimatum : "We. the undersigned parties. Mr. Berkey, are not agreed to your proposals. We want two bushels of apples, two gallons of cider. We want holiday from Christmas till the day after New Years, and you must lose all the time." This note was evidently the prompting of the outside big boys, who were thirsting for a frolic, and to this end were striving to instigate the school to "duck the master within an inch of his life." and whose actions led to the fatal results that followed.

Berkev refused to do more than he had agreed already, so arrangements were made among the boys large enough to participate in the afTair to carry out their threats, and they met together at the school house, December 23. to proceed with the ducking. Neighboring patrons made no effort to interfere; in fact, some of them were on hand,t-o witness the fun, and to lend a helping hand, no doubt, if necessary. In the quaint, artistic language of the old-style indictment, Michael Berkey was there "armed with a large horsepistol loaded with powder and five paper wads." The wads consisted of paper chewed up and rammed into the barrel of the pistol. The leader of the assailing party was John Housh, a two-fisted sort of young man, who demanded that their wishes be carried out. To this Berkey positively refused to acquiesce, and warned his antagonists to stand back and lay no hands on him. Housh continued to press forward and ordered his assistants to close in on the teacher.

Without intending to kill or seriously wound anyone. Berkey discharged the pistol into the approaching crowd of advancing boys and young men. Housh was hit and mortally wounded. He died on December 26. Berkey submitted peacefully to arrest, and at the ensuing term of court was indicted for manslaughter. He was put on trial on April 10, 1830. John H. Thompson was prosecuting attorney, but so intent on the conviction of }oung Berkey were some of the relatives of Housh that Harbin H. Moore, the most eloquent advocate at the bar, was employed to assist in the prosecution. Henry P. Thornton was main counsel for the defense. He was then at the zenith of his popularity and made a gigantic eft'ort to sa\-e his client from the shame and i)enalty (jf a convict's cell. He forestalled the eft'ect of Aloore's closing effort liy a terrific denunciation of ^-enal. hired prosecution. It had its eft'ect upon the jury. Moore saw this, and confessed his embarrassment when he began the closing speech for the prosecution. His eft'ort was grand, abounding in brilliant, flashing flights of eloquence, but with all its richness and beauty it was utterly powerless. After a brief retirement, the jury returned a verdict of acquittal. Public opinion sustained the finding of the jury. The unintended homicide of John Housh was a great source of regret to all, Init to none more than Michael Berkey.

In September, 1S40. W'aNliingion county was an.'U>ccl irom one end to tlie other Ijy a most brutal and inhuman niunler. Two lio_\s named Phineas Little antl John Williams were hunting cows in Jefferson townshij). about seven miles northwest of Salem, and came u])im the headless body nf a man a few rods fr<im the ("ox I-'erry ro.-icl, near an uiitnrucd tree, and a few steps distant the) ^a\\ the ,<;hast]\ -looking bead stuck upon the -^tub "i" a bush. Tiie alarm was m\cn ami ])eople for miles around tlcw to the siiot to learn who the unfortunate indi\idual was and ascertain if possible who had committed the horrible deed. The remains of the murdered man were soon recognized as that of a j\lr. Voris. He had been shot through the heart and killed, and then the inhuman savages had severed his head from his body and left it in the condition as found.

\'oris" home was in b'ranklin, Johnson county. He was deputy sheriff of the county, and with the sheriff and another man were on their way home from Jetfersonville, whither they had taken some convicts to the state's prison. They had arrived in Salem alicjut lireakfast time and stopped at a hotel kept 1j_\' James Markwell, the leading tavern of the town at that time. There were three Kentuckians by the name of Hargrave stopping at the hotel, who had brought some very fine cattle to this place to sell. After breakfast they got into an argument over political matters, and sent out for a supply of whisky, of which they all imbibed freely. The Johnson county men were Democrats and the Kentuckians Whigs. The Democrats were championing the cause of Van Buren, while the Whigs, just as strongly, set forth the merits of their man. General Harrison.

The parties waxed very wrathy, until \'oris, who was a very powerful man, made some boast about his being aVile to lick any one of his opponents, to which the Kentuckians retorted in a liombastic and very insulting manner, which brought on a general fight. The elder Hargrave, who was also a very able man, engaged with Voris, and soon the six men were striking at each other. The battle raged terribly for a time, hut the Kentuckians got the wor-^t of it, and immediately went before Justice .Mex Crooks and filed aftidavits against Xdris and his companions for assault and battery and the Indianians were all arreste<l. .Most of the day was spent in getting ready for the trial, when, aliout sundown, \'oris became tired of waiting, got on his horse and left the town alone. Instead of keeping due north on the Brownstown road, be l)\ niiMake got off into the Co.x Ferry road. The flargraves felt that tliey were n<jt getting a fair deal, and were terribly enraged thereat, and offered a good bonus to secure the rearrest and punishment of the escajiing man. Whereupon Jeremiah Dennis, Isaac Gordon, Alike Attkinson and John Goodwin armed themselves with weapons and started in ])ursuit. Tliey were gone two nights and a day, pretending to be on the hunt of X'oris, l)ut when they got back to Salem said they had neither -een nor heard of him.

Xothing more was thought of the incident until the finding of Voris' body, as above related. Suspicion at once pointed to the four men who started out after Wiris as being his murderers. They were accordingly arrested, and the grand iur\- lieing in session, indictments were readily returned against all four parties for murder in the first degree. There were a number of incriminating circumstances related that made it look bad for the prisoners, and public opinion was ver\' strongly against them. Upon the plea of undue excitei lent against them a change ijf \' uie from Washington to Harrison county was asked for and granted by the court. Oct(_)ber

The trial came off the third Alonday in October, and was hotly contested by Richard W. Thompson, George Dunn and John Kingsbury for the defendants; John W. Payne conducted the prosecution. By taking the case out of the county much valuable evidence for the prosecution brought out before the grand jury could not be produced on account of the absence of witnesses, and the defendants went free. But as long as they lived they went about resting under a cloud of suspicion, the general verdict being that they had committed the dark deed. The testimony, as taken before the magistrate's court and grand jury, left little room to doubt but that Goodwin arid Dennis perpetrated the crime, the other two parties being accessories thereto and cognizant all the while of the true facts in the case.

The Killing Of John Davis

This tragedy occurred on August 30, 1902, at the residence of Samuel Pavy, between the Canton road and Mulberry street. The locality was the same made notorious, in the June previous, by the arrest of Maggie Hendricks, Nancy Pavy, the latter's two daughters and Jode Hoggatt, all charged with the murder of an infant; the subse(|uent trial and conviction of Mag Hendricks, release of the Pavys, who turned state's evidence, and the suicide of Hoggatt by hanging himself in the Salem jail. The shooting of Davis took place about 3:30 o'clock on Saturday morning and the unfortunate man died a half hour later.

Davis visited the Pavy residence about 10 o'clock Friday night. He and Pavy were apparently good friends, antl it seems they were conversing together most of the night, Pavy walking the floor most of the time. Davis, who resided on a farm west of Salem, and who was at the time township trustee, had been warned that unless he ceased to visit the Pavy home fatal results would follow. For a time the warning was heeded, but he paid the place a visit once too often, which cost him his life. The family, some of whom were up at the time of the shooting, heard no loud talking or quarreling. Two shots in quick succession, in the front room downstairs, aroused the whole family. Davis fell upon the floor, saying, "I am killed; send for a doctor." Pavy immediately left the house and we;nt to the tracks of the Monon railroad and thence followed the road to the depot. From the station he went north on Main street. Upon being met by Sheriff Brown and Marshal Midlock, who had started out in pursuit. Pavy surrendered to the ofificials and was lodged in jail, stating that he would relate his story in court. He was finally accjuitted on the murder charge on a plea of selfdefense and momentary insanity, .\side from Davis's infatuation for the Pavy woman, he was considered a good citizen, an accommodating official and an industrious farmer.

Killing Of Grant M Cory

Wilbur Miller killed Grant McCory, the night watchman of the town of Salem, at 12:10 o'clock on the morning of the nth of August, 1914. The killing occurred just north of the stairway leading into the Independent Order of Red Men building, near the southwest corner of the public square. Soon after the killing Miller went to the sheriff's residence and surrendered to the sheriff and was locked up. He was indicted by a grand jury on October 26, 1914, and upon arraignment pleaded not guilty. He first filed an affidavit for a change of judge, and after the appointment of Alfred Cox as special judge he filed an affidavit for a change of venue from the county, which was granted, and the cause was sent to Lawrence county for trial, where it was tried, the trial commencing on January 26, 1915. On the 30th of January, the jury having failed to agree upon a verdict, was discharged. The case was then reset for trial for April 6, 191 5, at which time, upon the motion of the defendant, the trial of the cause was continued. On the 6th day of May, 1915, the state made a motion to dismiss this cause, which motion was sustained by the court and the cause dismissed and the defendant discharged. The defendant, was immediately rearrested and was again indicted by a grand jury of Washington county for the crime of murder in the first degree. Upon a change of judge Ijeing taken by the defendant, Hon. James W. Fortune, of Jeffersonville, was appointed to try said cause of action, and the defendant then filed a plea in abatement to the indictment, to which plea in abatement the plaintiff demurred and the court sustained the demurrer. The defendant was then arraigned and refused to plead to the charge against him and the court entered a plea of not guilty, the cause then being set for trial for October 18, 1915.

The defendant pleaded self-defense, but injected into the case a charge against the deceased of insulting defendant's wife. An unusual feature of this case was the (hsniissal by the state of the charge against tlie defendant and his rearrest and reindictment liy a grand jury for the same dffense.

The trial of John W. .Montg(jmery for the killing of :\larcu> I.. Criswell on Xo\'ember 29, 1906, was commenced in the Washington circuit ci>urt on June 10, 1907, and wa> concluded on June 13, ujoj. with a verdict of not guilty. The trial was had upon a grand jury indictment returned against the defendant on March icS, 1907, charging him with the crime of murder in the second degree. The killing grew cjut of a (juarrel started over some turkevs which belonged to the Criswells getting into Montgomery's wheat field, the quarrel terminating in a fight in which the deceased w as struck on the head with a rifle which M.intgdnu-ry was carrying at the time of the trouble. The fight occurred en X..vember 20. I'jOO, and Criswell died on the 4th of December foll(.)wing. The <lelense was that of self-defense, l<ut the reputation for quarrelsomeness of the deceased was a prominent feature of the trial. An important feature of the trial was the fact that the light occurred al the Criswell home in the presence of three sons of the decedent, Montgomery being alnne, and the evidence of MdUtgomery wa> given more weight bv the jury than the evidence of ihe three sons of Criswell, who were present and saw and heard the difficulty.

On the place now known as the old Lusk farm, a few miles west of Kossuth, on the road that leads from Kossuth to Sparks Ferr_\-, there was enacted a very bloody scene in the early settlement of that section of country. About the year 181 5 there came from the state ni Tennessee a man and woman who represented themselves as husband and wife. They settled in Monroe township, and he gave his name as Joshua l.akey. He hail probably entered the land, and upon it had erected a Id^; cabin and cleared up some land. This man Lakey had a wife and live children wlmm he had deserted back in Tennessee. He had a brother V.h Lakey wh<i had married a widow in Tennessee, who at the time she married I^akey had three children.

The old serpent seems to have been loosed for a season in that particular neighborhood, at any rate an unfortunate intimacy sprang up between this wife of Eli's and his l)rother Joshua. It ripened into criminal intimacy and a short time afterward they tied Tennessee together for Indiana Terri- tory. They left beliind, the one a husband and three step-children, the other a wife and five children. They succeeded in getting out of the country before an elopement was suspected. As soon as Eli realized what had happened he \owed vengeance upon his brother. He determined to spend the remainder of his days, if necessary, in trailing down the fugitive pair and wreaking destruction upon them - particularly the guilty brother, who had destroyed his home, thus committing one of the most cruel and unprincipled wrongs that one mortal could commit against another. He started out afoot, all alone, armed with a rifle. For several months he traveled about from one settlement to another in the then wilderness of southern Indiana, in search of his former wife and her guilty paramour.

Eli Lakey spent some months in Tennessee and Kentucky, but no trace of the parties was found. While at Louisville he learned they had gone over into Indiana and crossing the river it was but a short time till he located them at the place above named. Eli stopped with then a few days, all the while being in a sullen and morose condition. Joshua suspected what his intentions were and wanted to be rid of him. They talked over the matter, and finally Joshua agreed to give him a horse, saddle and bridle, if he would lea\ e the country and never bother them again. Eli accepted the offer and left for his old home in Tennessee. But joy had left his heart, gladness and hapi)iness no longer beamed from his face. He could not forget nor forgive the wrong that had been done him.

More than a year had rolled by when he started back to Indiana on his mission of death. He found Joshua apparently happy and prosperous in his new home. That night all retired to bed a little late, but there was no sleep for Eli Lakey. His brain was no doubt whirling in delirium as he recounted his wrong - thought of the terrible crime that had been committed against him by his own brother. About midnight he softly arose from his bed and went out to tlie woodyard and got an ax. Then as stealthily as a panther creeping upon its prey, he entered the room where the guilty couple were sleeping. A shade of pity, mingled with scorn swept over his features as he realized that at last his time for revenge had come. He raised aloft the ax and down it came upon the forehead of Joshua Lakey. striking it about the center thereof, and splitting his head almost from front to rear. He was struck twice with the blade of the ax and strange to say lived for several hdnrs. Tlu- onslaught aroused the Mood- and brain-bespattered wife, who rose up and seeing her paramour in a dying condition and her lawful husband standing hy the bed. with the gory ax, she cried out: "Oh, Eli, what have you done?" "I lia\e slain the robber of my peace and luqjpiness, the one who has made mv heart a desert; I have had my revenge." He then added: "I am content to spare you, in order that you may drink of the cup of bitterness and of wormwood a.xl gall that you have helped t(j place to my lips: my curse upon you, false one. Farewell."

Suiting the action to the word Eli turned about and left the house and never was heard of more. The supposition was that he joined the Indians and lived with them until his death. He was not pursued, although the neighborhood was aroused shortly after his departure by the shrieks and cries of the woman. Neighbors had never dreamed that Joshua and his partner were not legal man and wife, but as they gathered upon the scene she recited all the particulars that lead up to the commissinn of the crime - their elopement and flight and their settlement in Monroe township: of her husband following and living with them : of his never complaining nor intimating that he particularly cared fi.ir the wrong they had done him, and of the tragic ending. A short time afterward the woman went to Ohio, where she took up with an old man and led a life of wretchedness and died almost the death of a brute.

Eli Lakey had a confidant to whom he tt)lil all that had hai>pened and who kept his secret for many years afterward. The reason he was not pursued was because most people, after learning the facts in the case, thought he had sufficient provocation to lead him to the commission of the crime, and had he remained and been arrested he would no doubt have been acquitted when the whole truth of the case had been brought out.

Away to the northwest C(3rner of the original plat of Crown Hill cemetery, in years gone by, was a grave unmarked by slab of marble, or even a rough stone, which stood in the corner by itself, solitary and alone. As time rolled by, only a sunken place in the sod could be pointed out as the last resting place of one of the most notorious characters that ever lived in this section of country. Now it would be impossible to locate the spot where lie the remains of Daniel \V. Maybee - a man who for his diabolical deeds ranked well up with the desperado John A. IMaurel, of Kentucky fame. In this enlightened day and age it would be impossible for a man to commit one murder after another and go along undetected and unhung. But before the days of telephones, telegraphs and railroads, and in a sparsely settled country

It was a bright spring morning in April, 1853, that Sheriff G. W. Logan visited the prisoners in his bastile to give them Ijreakfast and look after their safe-keeping and welfare. Calling at the door of Maybee's cell he received no answer, and peeping through the small, square hole in the huge, iron door used for handing in food to prisoners, he saw Maybee lying on the floor, either dead, or feigning death, perhaps, as the sheriff thought, as a means of getting his cell door unlocked thereby giving him a possible chance to escape. Summoning aid, the cell door was opened and there in a dark corner lay Maybee, cold in the embrace of death. It was found that he had knotted his handkerchief with a sort of noose around his neck with one corner fastened to a nail in the wall, and then lying down on his face, with his nose and chin within a few inches of the floor, had deliberately choked himself to death.

Maybee had been sent to Salem from Jackson county because the jail at Brownstown was not considered a safe place to keep such a desperate character. The crime for which he had been arrested was the killing of a man named Quamby with whom he had trouble of some sort. It was said that he had a good plea of self-defense in this instance, and would probably have been accjuitted on trial of the case, but so many others stood ready to seize him and try him for crimes committed in other parts of the country that he concluded his case was hopeless, and brooded over his condition and surroundings until despondency took root in his mind, and to end all the trouble he decided to die by his own hand. He was a man over six feet tall, of commanding appearance, used good language and when not in drink was pleasant and affable ; but when crossed or angered his wrath knew no botuids and his only thought was to make way with his enemy regardless of results. He almost defied locks and bars, having escaped from prison a number of times. He was a man of great courage, enormous strength, quick and agile.

It is related that in bringing him to Salem from Brownstown, he was placed in irons, and upon arriving at the jail he was told by Logan to get out of the wagon, when he replied that he could not. Logan told him to jump, whereupon he turned to the sheriff with a look of unutterable contempt and said, "If you won't help me I'll help my.self," and suiting the action to the word he stooped over and pulled off his irons and threw them on the ground, saying, "There, you see I could have escaped if I had wanted to," and jumped out of the wagon. He was at once taken to the blacksmith shop of William

Daniel M. Alaybee was a Canadian by birth and started out upon his lawless career as a counterfeiter. His numerous robberies and murders, his jail escapes, his exading of officers in pursuit, his arsons and his wanderings about the country are recited in his own language in a somewhat lengthy confession written with a pencil in a small memorandum book which was found on his person after he had committed suicide. Before making his last stand in Jackson county he was in Salem a number of times, but it never seemed to be a very fertile field for him to carry on his nefarious schemes. After he went to Jackson county he resolved to leave off his bad habits, turn over a new leaf, begin life anew and make a man out of himself. He had a hankering for office, and decided to run for sheriff'. He was on his good behavior only a short time until he gained the confidence of the sheriff and was made deputy. In this capacity he worked hard to gain a reputation. An incident occurred just at this time which gave him an opportunity to show his powers as a detective.

Making An Effort At Reformation

There came into the country two men, named Rhodes and Chandler, who had abandoned their former wives in Kentucky and taken up two rather fine looking women more to their liking. They traveled over the country and lived by various pilferings and larger thefts. Now and then thev would rent a house where the women would remain, concealing the goods which the men had stolen. Finally the men were arrested for horse-stealing and confined in jail for trial. The jail was not secure and they sawed themselves out, Rhodes declaring "if God would permit him to escape he would never steal another horse." They lost no time in striking out for libcrt}', first informing the women concerning their plans of escape. They aimed to get into Kentucky and had not journeyed far toward .Salem till they came upon some loose horses which Chandler proposed to catch and ride, but Rhodes objected, remembering his solemn vow. They swam the INTuscatatuck and pushed on to the Ohio river, making the entire jotnney barefoot, begging what food they got. Then tlie\- made thei'' wa\- down the ri\er and crossed the Wabash into Illinois, stopping at a boat landing a short distance above Shawneetown. an old place of rendezx'ous. The women were not long in taking up the trail in search of their husbands.

The whole countr\- had been scoured in \-ain endca\or to recapture the fugitives, when Mayhee offered his services in the effort to run them down.

The old adage, set a thief to catch a thief, proved to be a wise policy in this instance. Maybee was a stranger to the women and could easily follow in their wake without creating suspicion. The sheriff had conlidence in Maybee's plans, but was suspicious about Iiis faithfulness in the cause and consequently joined in the pursuit. They o\'ertook the women at Leavenworth and the women at once recognized the sheriff, which discovery devolved all the watching upon Maybee.

The women made inquiries for an up-stream boat, but got aboard the first boat going down. Maybee, with the sheriff in disguise, got aboard the same boat. He took occasion to introduce himself to the women as a steamboat captain. He asked one of them if she was married, and she replied that she was. He told her that he had tired of steamboat life and that he was looking for a suitable life companion and that he was smitten with her on first sight and desired to know whether she would consent to become his wife. She replied that she could not give him an answer at that time. He inquired how long before she could answer. She replied, "On his return from his present trip." He asked where he would find her, and was given the name of a family at a small landing below the mouth of the Wabash.

Reaching this landing the women desired to be set ashore. The. captain being fully advised in the premises, complied with the request, and dropping a short distance further down the river set Maybee and the sheriff ashore. Feeling- confident that their game was near at hand they set out in pursuit, the sheriff keeping a convenient distance in the rear. Maybee soon came upon Rhodes and Chandler sitting upon the river bank near a skiff. He told them that having had a difficulty on the boat, the captain had set him ashore, without money and that he wished them to set him across the river. Rhodes said that he sympathized with him, for he had been in similar scrapes. Just at this moment Maybee caught sight of the women coming down the road. He expressed himself in a great hurry to be set over and they all rose promptly. Maybee had a watchman's mace concealed in his coat sleeve, and as Rhodes turned his face away, Maybee struck a terrible blow on the cheek bone, felling him to the ground and knocking out some of his teeth on that side of the mouth. As Rhodes lay there stunned Maybee sprang upon Chandler and jerked him across the body of Rhodes, and to hurry up the sheriff yelled "murder'' at the top of his voice. To use Maybee's language, the two women came dashing up like .she bears and began fighting for the men. He said he had to knock one of them down three times before she would desist. With the assistance of the sheriff, the prisoners were put in irons and all were brought back to Brownstown. The men were tried and i\[a\bee was mnch conipliinented fi>r his conduct m the pursuit and caj)- ture of these men and he concluded that this feat would make him sheriff of Jackson county. He accordingly became a candidate for the otiice but was badly beaten; his former unsavory reputation l)ein_L; tcjo s.,feneral!_\- known. He was so chagrinned at his defeat that he C(.inclu(led that it was no use to try to be respectable longer and went back to his nld haljits of thieving and murder. His last victim was Uuamb}-. which terminated his earthly career. The following is the confession he left behind, briefly sketching his checkered and eventful life:

"Perhaps }'ou will lie somewhat astonishes! when I give you a scattering detail of m\' life from the time I was twenty-two up to the present time. I wish you to give full credit to what I am about to state.

"I was raised by a passionate old father in Canada: his precepts were of that character that there was no restraint tlirown around me, therefore I was left to wander, like the wild ass" colt, suliject to all the low \ices that are calculated to initiate a man into crime of the greatest magnitude. T had a quarrel with a coumerfeiter in Canada aljout di\'iding up some spurious money between us. 1 told him that T would ha\e rexenge if he did not give me what was justly mine. Dy some cause he got out of the way, liut I sought an opportunity. 1 met him one mglit in a dense forest ])ut m\- heart failed me to attack him. I went liouie and thouglu on the matter and the more I thought on it the more deternnne.l 1 w;is to h:ive revenge. I thought of a gathering that was to be in the ncighliorhoo.l, and thought that would be the most suitable place to glut m\'r;i\ ening appetite

"The day rollctl roiuid ,ind 1 made niv preparations to go. When I reached the place 1 saw some of uiy friends .-iid 1 made known my intentions to ihem; they at once ;ii:rced to ^i,,. ,r,e out 1" the scrape, .\bout four o'clock wc planned a fuss i,, be kicked up. When the ti-lit commence.l all the crowd ran to see wh.al was up. .\niong the vest was uiy antagonist. I commenced on him imnu-dialelv .and swore that he \\as show mul; foul iil:i\-. I struck him but tliat wouldn't do; -, , | ,lrew mv knife from nn pocket and plunged it into his side and repeated it once or twice ; that was enough. He lived but a short time, but it gave me plenty of time to escape. I left my father's that evening after dark and traveled all night: on the next morning I secreted myself in a hollow and lay through the day. I slept sweetly until about two o'clock, when I was arcjused b\- loud talking. I crept close to the road and (overheard one man saw 'Tf we get Dan this time it will go hard with him, for it was cold-blooded murder. We will pursue him to the lake, to Burnell, down to Sterlin and l'~ort Talbot and then home.' After they had got off about two hundred yards I arose from my retreat and pursued after them. I walked that afternoon very hard and was able to reach Sterlin by the time thev' were at Burnell. I passed down the lake shore in the direction of Fort Talbot, about six miles from Sterlin. It was now about daylight and I saw a cabin some distance from me. I walked up and tapped gently on the door : it was opened by a middle-aged lady who said her husband was gone to Cleveland, but bid me walk in. I asked for something to eat, which was soon got. I ate very hearty. After finishing my repast I offered her money, but she refused to receive it. I took my hat and left in the direction of Fort Talbot, but after 1 had got completely out of sight of the house, I took a circuitous route towards Sterlin, where I had passed before daylight that morning. About two miles from the town, I secreted myself close to the road to sleep, which I did to my satisfaction.

Forced To Flee From Iixinois

"After the sim had run its course, and all nature was wrapped in darkness, J again resumed my journey. I was afraid to go to Fort Talbot, so I steered my way to .\mherst^llurg there I crossed between the lakes to Brownstown. 1 worked for some time in tlie neighborhood and accumulated some money and clothing. I then struck for Illinois, and worked on a farm for some tiiue there also, until 1 enlarged my purse somewhat. The name of the gentleman 1 worked for was H. Smith, a good, honest, upright man. He gave me lessons of advice, but to no effect. I paid some attention to a young lady in the neighborhood and one evening while in conversation with a gentleman, he spoke, as 1 thought, disrespectful of the lady. I took it up immediately, and licked him completely, but he being a blood-thirsty fellow, didn't let it Mop there; be commenced on me in a grocery f)ne night, where we were ])laying cards and I finished the matter right there.

changed my name to William Haskell and left that night for Ohio; but it \\a- with great diificult\' tliat I could get thrtnigb for there were hand bills Strewed in every direction. I saw one, it stated that William Haskell had left Quincy, Illinois, on the night of (it stated the day of the month), and described even my notched lip, but I passed unobserved until I readied Franklin county, Ohio, a.^d about twelve miles west of Columbus. I left the turnpike (for it was only a part of it grubl)ed). and put up with a man by the name of Seeds. 1 had but one dollar left and I concluded that money I must have. One night while playing cards in an old school house I found out that one of the Seeds had plenty of mone\', so I concluded one evening, while I was coon hunting with the boys that I would lose myself and try the spunk of Mr. Seed. I had some difficulty in getting to the house by reason of the dogs, but I succeeded in getting to the back window. I raised it gently, but while I was trying to get in I discovered that the young man who taught school there was sleeping in the same room. I aroused him by raising the window high enough to let my body in. He was ? double-fisted fellow and I concluded that I would as soon not cume in contact with him and left without making any further attempt. I started for old "Mr. Seeds' and got there just as the boys were returning from the hunt. They had a great laugh at my getting lost and the thing passed oi¥.

"I labored a few days for a man named Ballard - he was quite an old man. After replenishing my purse again, I started for the Ohio river, passing by the way of Xenia. I put up at an Irish shanty and boarded with them some time, until I found out that one of the hands had plenty of money, so I knocked him over one night, and received from his person two himdred and thirty-seven dollars. I left that night and concea'rd myself in a prairie for several weeks, during which time I lived on bark and roots of difTerent kind. That matter soon passed over, and after this I made my headquarters at a little place called Yankee Town, Ross county, and there I took my first lesson in counterfeiting, in which I was a verv apt scholar. I passed a great deal of it without being suspicioned. I stayed there for several weeks and done a good and safe business. I left for Scioto county, Ohio, at the mouth of the Scioto river. I got into business in a foundry at Portsmouth and labored hard for several months. I attended Sabbath school and Baptist church and was determined to mend my way of living - but circumstances make rascals.

Planning A Robbery

"One evening a genteel-looking man asked me to take a walk with him, to which I readily consented. After running over many scenes of our former days I related to hini the circumstances of my escape from Canada, and also the many ups and down of my life and he, being an acute observer, saw at once that I had already drank deep from the spring of vice (I had laid myself oijen to temptation very foolishly). He also related to me several incidents of his life and after he had concluded, he said that he had a scheme in his head that he, with one courageous fellow, could make several hundred dollars, and that without taking life. The man he said he intended to rob was li\ing in Bainbridge, Ohio, on the pike southwest of Chillicothe. He said he had everything that was necessary but a dark lantern, which I got at the foundry. We left that evening On the packet and arrived at Chillicothe about four o'clock the next day. We got a few bites to eat at a cofifee-house and went out southwest of town and seated ourselves on a high hill and talked over the best and most prudent plan to pursue; we tarried there till nightfall and then descended the hill and got on to the pike and walked very fast, only when we met persons, then we would slacken our pace. We met several wagons on our way. About eleven o'clock we arrived at the town, all was as silent as death; little did our victim think, while he was wrapped in the sweet embrace of King Morpheus, that ere the town clock announced the midnight hour, that he would be hurled to that bourne from whence no traveler returns.

"Thomas (my companion) said that he would enter the house by a window in the back part, which he did and I remained on the outside, while lie entered, but in a short time the report of a pistol announced that all was not right. I ran away and secreted myself at the place we agreed to meet after we rifled the store. I lay but a short time before Thomas came running to me and told me that the deed was done; he had killed the merchant, and we must fly or we would be detected. We started immediately and walked very hard and got to Chillicothe about daylight. We put up at the Meflary House and tried to act aristocratic, but the hand bills were floating around us too thick. We concluded that it was getting a little too hot to stay there in safety. We left on the packet and arrived the next day at Portsmouth. He divided the money, which was only thirty-two dollars, and separated. I took down the river and Thomas remained and was caught in three or four weeks and executed. In his confession he told that Haskell was with him (that was my name at that time).

"I went to Louisville and drove a hack for some time, but quit that business and got to be a watchman. I made considerable over my wages. I passed on without being detected. Five men fell by my hand while I was watchman. The circuni.stances which led to these murders I will nut relate, for the sake of my family and other relations. Thinking that I had yone far enough with the matter, 1 left the city and moved to Clarke county, Indiana, near Charlestown. There, in connection with une of ni\' friends, we carried on a small business on the one and twn di)llar ijrincii)le. That friend was to see me several times since ['\-e been in this dark hole - not to see me, however, but to talk to me, which he did through a tin pipe which he directed through the window. I had se\eral bad enemies while 1 was in Clarke, liut I conquered them all. I came near losing my life by jumping down the .->tairs in the jail at Charlestown. I broke several of my ribs, but I always got through some way or other. 1 took five dollars from the drawer of one of the merchants of Charlestown, on Christmas eve. but that didn't set me back much, nor did it injure the merchant very seriously, for 1 deposited a counterfeit bill in the place of the change and left through the front door.

John Barleycorn Causes Trouble

"1 concluded that I would leave that part of the country which j. did, and made my headquarters in old Jackson. I was married some tin., before this, but the circumstances of my marriage wnuld be of no interest to you. I would here state one thing, that I had as good a wife as any man ever had, but I mistreated her most brutall\-. My liad conduct towards her was altogether owing to indulging too freely in oM 'red e_\e' for when I had a dram ahead I was perfectl_\- crazy; liut 1 must stop and gi\e a history of my intentions. After I moved to Jackson county, my intention was to try to do better, but when I caught Rhodes and Chandler, 1 thought that the people ought to have gi\-en me more credit th;ui the}- did. I was a candidate for sheriff of Jackson county and was shamefully defeated. The people treated me with disrespect, and I was determined to have revenge.

"I labored hard in jack-on, but there were '-o nianv of the right -tripe di.-Lt 1 coulchi't hel], carrying on a small business, i,,r 1 o.ul<l get all the mone\- that 1 \\ante<l. either at Rockford or T.row n-tov, n, ai iweiU;, -ii\ e centon the dolLar, but I was (.)ne of the small fry. There are iiieii in Iv ick f ord at this time who are engaged in the business, and .-dso in Ilrow ii-ii ^w n. Iml the h.and of jusiiee will eventually reach them. The names df thosr nieii I will not gi\e, for tl,;it ,. a violation of the oath I lia\e tal<en, luit lhe\- u iil be found Mui. i,,r the arm of the .\lmi-litv is not s, , short luil tli.ai lie will reach them in their wickedness at s, ,nie future ila\- not f,ar diManl.

put all confidence in what I state ; it is verily true ! I am sorry that I haven't language sufficient to give you an entire history of my life. What benefit would it be to me to state anything only what is truth, inasmuch as it is the last communication that I ever expect to deliver to my numerous friends and countless enemies. Whisky was the prime ruler of all my actions. He was the mighty general that spoke with a determined voice, and his subjects had to obey. Had it not been for old topers and rotgut depositories, I would at this time have been in respectable society', and perhaps been a Christian. But the day star is set, I am beyond the reach of hope, and am doomed to sink down into that abyss that was prepared for hypocrites and unbelievers. But I must hasten - my time is short.

More Plans For Murder

"I joined the Baptist church with the full intention of reforming, but there was the old deacon that wasn't right; there was John that wasn't right. I concluded I would try the Sons of Temperance, but it effected nothing, for that revengeful disposition was still there; it had taken too deep a root. I soon fell back and sought the company of drunkards and wicked men. I was determined at one time to take the lives of John W. Williamson, J. J. Kester, Mike West, Dutch Andrew and Peter Boggs. After the affray I had with Jack Davis, I was fully determined, if I didn't get well, to take the life of Williamson. I waylaid him several times. The night after the fight with old Jack, I watched for him in company with another man, but the man didn't know anything about my intentions ; he thought I only wanted him to go to see whether or not old Jack would die. I have often thought that John Williamson was like Washington of old - -that he was never made to be shot. On a night about three weeks before his house burned, 1 made a dumb-bell, which makes a miserable noise, and went in the dead hour of night and drew it four times, thinking it would draw his attention. I waited for some time, but he never came out and I went home.

"On Sabbath before the court 1 laid my plans to l;)urn his house and James R. Thompson's. I thought it would be a good chance, for I saw James at Samuel Stanchfield's that morning. I started from home that morning about eight o'clock. I left the road at Engle King's place and passed through the woods back of Fryhoffer" s. Then I hitched by horse, changed my clothes and went on foot through the woods and corn by Kester's stable and so up to the house. As I passed by the window I threw a piece of spunk fired into the room. I had two pieces ; the other I threw into James' house, but I discovered a wagon coming with several people in it. I took it to be Lawrence Woods. I concluded I would turn back, so I returned the way I came, unobserved. I went back to my horse, changed my clothes, hid my old ^nes and struck back to the road and turned in the direction of Rockford to William Hare's, but he was not at home. I started home. As I passed up the hill near Esq. Kress' I saw the smoke of the house; then I hurried home. That evening I returned to Rockford to see if any suspicion rested on any one, but I found out that all was right. No one had seen me but the broad eye of Jehovah that takes cognizance of all things. This was the most unmanly thing I ever was guilty of, for I am confident that John saved my life two or three times by taking me off of men that I would have cut to pieces. Often have I wished that he had been in town on that dismal day to me; I would at this time have been free as the mountain air. It never was my intention to kill Quamby. I had no idea my knife reached through his clothing. But so it is, and it can't be helped now. The poor man is dead. I was truly sorry for his fatherless children and his wife, but he has gone to that world of spirits where I shall soon meet him face to face and answer to that Being who sees all things and knows all our actions.

"I believe I have passed through my life, by sketches, up to the time I broke jail at Brownstown.' Anything that happened after this, while I was in Canada, would be of no interest to you. But I would say one thing more - that I saved myself when I left Canada, for on the ne.xt da}- there was a company of men after me to arrest me for the first murder I ever committed. My sister informed me of this since I've been in jail by letter. Next week T have to go to Brownstown to meet my doom. I have one consolation, and that is none of my enemies shall ever see me executed or sent to the state prison. I shall counsel my lawyers as it regards the danger of being executed, or life imprisimment ; if they dun't give me satisfaction, I'll do something. I dmi't know what, but time will tell. Howe\er, there's one or two things connectetl with my escape from jail that would be edifving, no doubt, to some. The evening I got out I passed through the Dutch settlement, but T lay hid for some time in the graveyard before I would venture out, for I was surrounded on every side, and could hear all kinds of conversation, but they soon gave up the chase. I went into the German neighborhood and stayed all night with a Dutchman.

Hunted Like An Animal

"Next morning I struck for the Grassy Fork and tlie Muscatatuck; there I had any amount of friends to lielp me. I stayed there two or three, days. I crossed the river to Alyre's; there I bought a penknife and went into the woods and made preparations to go home. That night I went to the fork roads near Joel Little's after dark. I saw Quamby's brother after me with a gun; after he passed, I followed him and watched him until he hid himself in my stable loft. I went around the back way and went into my house and got something to eat, and told my wife that I would be at home Friday or Saturday, and that 1 would want a horse, but that night, after 1 got something to eat, I went to Peter Boggs'. If I could have got in 1 would have taken his life, but for the sake of the wife and children 1 concluded not to burn his house, so 1 went into the woods in the fallen timber and slept all the next day. I saw a number of men scouting through the woods. Along in the evening I saw William Parks, C. Boles and Martin Gross, but they were going home.

"That night I thought I would see Rockford once more before 1 went to Canada. 1 started about dark for the road, cam.e into it near Joel Little's. I went to his stable and took a horse and got to Rockford while the streets were alive with people. I hitched my horse in the back part of town and went and seated myself under the porch at John Farrar's grocery, where I sat for some time. Finally I heard my name called several times; some wished I would get away to Canada and never come back, and some wished they had hung me when they first arrested me. I watched my opportunity and got to speak to one of my friends. He procured me a Cjuart of good old whisky to wash my leg. He then advised me to leave immediately, which I did. He said a number of men were watching my house that night. [ told him that would do no good, for I intended to go home in broad daylight. I left, however, and started to take Joel's horse home. On my way, near Engle King's place, I heard several men talking; their voices were perfectly familiar to me. I left the road till they passed. I judged from their conversation that somebody had told them that I had left. On next day I went home, saddled my horse and rode off. I went by way of James Newby's and followed the Reddington road, but went to the right of Reddington. I saw several of the Rockford boys with wagons. I noticed Warren Reed in particular, but he didn't know me.

There was nothing that transpired after this that would be of interest to you. There was a hog merchant that sunk to the bottom of Driftwood by me and the assistance of one of my friends; anyway, he was ne\er seen in Rock ford since, and he was very fond of showing his money. The friend that assisted me was in Rockford at the time I was brought through frum IlUnuis. I would here g've y(ju a liistory uf an atrocious rubber}- that was committed on a miserly Dutchman near Rockford, but it might implicate some of m\- friends. I broke into Kester"s store one night after this, but only secured 50 cents. Two nights afterward I entered Peter's store, but got nothing but a pair of bouts and a hat. I had partners both times, but they were cowardly boys. I have missed a great many crimes in which I acted a conspicuous part.

"As the day is well nigh passed, and as I have to hug a little too close to the iron bars to get light sufficient to write, I would say. before I go to my cell, beware of doggeries and C(nmterfeiters. I don't know that I'll get to write an_\' more, but would say to the individual in whose possession this confession ma_\- fall, I wish it to be conveyed to John W. Williamson, so that he can get back the amount that I caused him to lose. Xow I can die content."

Tragic End Of Adventurous Career

James B. ]\IcLane, the subject of this sketch, had a checkered career, a recountal of which sounds 'more like fiction than reality. Good fortune seemed to favor him through various adventures, hardships and pursuits, until finally a passionate mistake brought him to a sudden and untimely end. He had all through his eventful life enjoyed the confidence and esteem of his fellows; was admired fur his bravery and the many hazardous chances he took in the race of life, but he went down in the end under a darkened cloud, whether just or unjust, with or without excuse, will never be known until final judgment. Only a bare outline of the many incidents crowded into his stirring life can be recorded.

James Bascom McLane was l)om in Aladison county, Is^entucky, April 9, 1818, a son of Richard McRane. who had won renown as an adventurer and Indian fighter among the early settlers of Kentucky, and was a highlv respected citizen of the count}- tq) to the time of his death in September, 1847. He had emigrated with his fannh- from Kentuckv to Indiana in 1834.

On the 13th of December, 1836, when but eighteen }-ears of age, lames B. McLane enlisted as a volunteer to go to Texas to aid the Texans in their struggle for independence, enlisting under Capt. Levi P. Lockhart. Quite a number from around Salen-i ai-id Li\onia joined Lockhart's companv and

Started for New Harmony, Indiana, tlie place of rendezvous, on January i, 1837. They walked through, leaving Livonia during a severe snowstorm, but with zeal in the cause they had espoused undaunted. At New Harmony they were to take boats down the river. The colonel, William P. Miller, was from Randolph county, Mississippi. He had been the moving spirit in the adventure and the recruiting officer of the regiment. Captain Lockhart had ])een quite a prnminent man in W'ashington county, having been a member of the Legislature from this county in 1836, so the}' were not looked upon as a band of desperadoes bent upon wholesale murder and plunder. There were thirteen in the company when it left Washington county, but additional volunteers were secured and a full company was made up from recruits secured at most every town they passed through on their journey to New Harmony. Captain Noblitt, a physician and surgeon of Paoli, joined their ranks and died in Texas. Captain Lockhart was finally promoted to be colonel of the regiment, and in some skirmish was injured by the saddle, from the effects of which lockjaw was superinduced, which caused his death. At New Harmony the force took flatboats, upon which were two hundred and forty men, going forth to aid and assist the Texans to throw ofif the Mexican yoke. Going down the river, this force was increased at every landing, in some places whole companies joining, so that when the filibusterers arrived at New Orleans they numbered over five hundred. They stopped at New Orleans a few days and then shipped on the brig "Howell," of Charleston, Sully, master, for Matagorda bay. From thence they went to Texarkana. where they were divided into companies. .Albert Sydney Johnson was the general in command. Gen. Felix Huston was an aspirant for first honors, and a war of words between him and Johnson ended in a duel, but neither party was seriously hurt.

Soon after this, the old Texan army was disbanded and reorganized, and McLane fell into the regiment of the famous Col. James Bowie. They were all armed with huge knives, in addition to their sabres and guns, hence the name "bowie-knife." Some time afterward Colonel Bowie was killed in an engagement and the command then devolved ujMn Col. Magnus L. Rogers. At this time Capt. James Jervins selected a crack company of one hundred and twenty men from the regiment, among whom was McLane. They were then marched back to Matagorda bay and shipped for Galveston on the brig "Elk." They landed on Galveston island, where there was a

])i)st, liarracks, liattery, etc., which they overhauled and keiit in repair. There the\ remained a year unmolested by the [Mexican navy. AIcLane's time of enlistment having expired, he re-enlisted for twelve months more, or during the war. 'i'hev were told that all could leave that desired to, and they would he entitled to nine nundred and sixty acres of land at any rate; but that all who re-enlisted would be allowed twelve hundred and eighty acres. A gooil many took their discharges and w-ent home. About forty, including McLane, were assigned to Capt. George T. Howard, of Houston, the then capital of Texas, where they recruited their company up to the standard. In the s])ring of 1839 this company was sent to Gonzales, on the Guadaloupe river, where they^ remained over a year, with only an occasional skirmish to vary the monotony of camp life, .\fter this Alcl.ane was detailed by Gaptain Howard to gather up the government archi\es and secure them in a place of safety. He gathered up about four l)ushels of pajjers and letters, which were put in a huge sack, whereupon the captain got a little mule and loaded the sack on it, and then, seeing McLane seated on top. started him out alone for Houston, distant three hundred miles. The route lay right through the Indian comitry. AIcLane had to dodge Indians for several days and nights, sometin.es at top speed, to prevent capture, but he tinally succeeded :n getting through safely and delivered his papers to Quartermaster Cook, gave him eight days' rations and two dollars in money f(_)r his services, and then sent him to Bastrop with dispatches, which took him three days, ::rriving without any mishap. He was now a long way fro:n (vjiizale^. an 1 ill get there he must run the gauntlet or the Indians or go quite a way round. l!c selected a r^ute frum the Colenedo river about seventy miles to Colurii- - us. where he crossed the river and from there took the old trail for Gonra'e-. He was one time sighted by a band of Indians and pursued, but as it hnpi ened it was about dusk and with the aid of darkness ant! a swiftin ited nnile, the same that he started out with, an all-night ride put him out cif reach of his pursuers and he landed safely at his jioint of destination the b'lnall}- wiird came th;it [leacc was made, with an order to discharge the men. Just ;is the\' received the order a terrible sleet fell, which rendered it inipo-silile to tra\el fi:)r thirteen days. The}- were ordered to report at H(iust(in, the eajiital. for discharge, and they arrived there on .Vpril 12. 1830. were re\'iewed and discharged. Mcl.ane then took a trip to Galveston, where he fished for a time and did other work for a livelihood. But the