Davidson - Thomas F. - Montgomery InGenWeb Project

Source: Weekly Argus News, Crawfordsville, Montgomery County, Indiana, 28 May 1892 p 2

This morning the Montgomery Bar held a meeting and adopted unanimously amemorial in the honor of the late Judge Thomas F. Davidson, one of the ablest, brightest purest of its members.  The memorial is a brief sketch of Judge Davidson's life and career as a Judge and is highly eulogistic of him as such.  No truer, braver or more courteous judge ever sat on a bench.  Several members spoke feelingly of their deceased brother among them being Gen. Lew Wallace who loaned him his law books to begin the study of the law when he was a boy.  Gen Wallace paid him a deserved and beautiful tribute.  He said he admired him as a lawyer and loved him as a friend. Among the others who laid their offerings of respect and love on the altar of his memory with tenderness of speech and gentleness of manner were Messrs. Dice, Courtney, Jennison, Coppage, Kennedy, White, Sellar and Wilkerson.  - typed by kbz

This morning at 10 o'clock the funeral serices of Judge Davidson were conducted at his late home on Franklin Street.  Rev. Cunningham delivered a fitting tribute to the memory of the dead jurist.Mr.A.A. McCain sang a familiar hymn accompanied by Miss Sallie Newton.  The Fly Fishermen of which organization Judge Davidson was a member sent a beautiful floral design of a heart while the Beta Theta Pi Green Society of which he was also a memer contributed a design emblematic of the order.  The services were brief and impressive and a large number of the friends of the deceased were present.  Many followed the remains to Oak Hill Cemetery.

By Karen Zach, Around the County

Thursday, June 17, 2021 4:00 AM

Thomas Davidson (1839 - 1892). Photo courtesy of findagrave.com

Thomas Davidson (1839 - 1892). Photo courtesy of findagrave.com

Thomas Fleming Davidson was born in neighboring Fountain County, began his career there but lived several years, departed life and is buried in Crawfordsville.

Growing up near Hillsboro and Waynetown, his father, Samuel Hughes Davidson was a saddler, tanner, farmer and miller. Thomas’ middle name comes from Samuel’s father, Fleming. Samuel married Mary Ann Bever, Samuel passing after their son, Mary Ann many years previously. When Thomas was a young man pre-Civil War (born Feb 17, 1839) and halted Lew Wallace (who had just talked to Samuel, an old friend) Thomas queried Lew about becoming a lawyer. No money for schooling, but young Tom had a plan, nonetheless.

He asked Lew if he could borrow some law books to read and study. Lew made the deal: “One at a time, a detailed test on it then you can take another, return it and continue this whole process. When he ran out of books from Lew, he borrowed some from S.C. Willson, Lew’s partner. During this study period, Tom helped his father in the mill and on the farm plus part of the time taught school, studying at night.

At about the start of the Civil War, Tom passed the bar and on the last day of May in 1865, he married his beloved Eliza Moorhead Tice. They had one daughter, Annie, who later (1893) married Mason Thomas but don’t believe they had children. Mason was a Wabash College Biology professor and died fairly young. Annie lived with her mother after her father passed and both became early, local DAR members, joining on Robert Elder on Eliza’s side.

Tom’s first dream as you know, was to become a lawyer – done! His second dream was to marry a fine woman and have children – done! Third up was a judgeship which came along early. In 1870, by a large margin, he become Circuit Judge for Boone, Clinton, Fountain, Warren and Montgomery. Again in 1876, he was elected judge by a 500 majority, with a new circuit created for Warren, Fountain and Vermillion. However, in 1882, he was defeated by Honorable Joseph M. Rabb who quickly became quite a leader in the bar because of his victory over such an “exceedingly popular gentleman, Thomas F. Davidson!”

A local case full of controversy was that of minister, Fred Pettit. Married, Fred desired to court one of the rich Meharry daughters and either with her aide (the big question) or alone (most thought) was convicted of killing his wife. Davidson was one of several who defended Pettit but to no avail. He went off to jail!

A famous Indiana case was John C. Henning. Granted, Sallie Vollmer liked to lead her men on and had promised Henning to marry him. When he applied for the license, she refused. Just two years prior to the time, her husband had been killed by a jealous man. Mr. Vollmer’s services were performed in the same room at the local Methodist Church as his wife’s. Henning himself had been twice divorced and had several children. Vollmer had two children, a boy and girl, and the 11-year-old daughter was a cripple. She wailed at the funeral saying, “Don’t hurt my momma, don’t take her away!” Henning was almost twice lynched, but the Parke County sheriff determined to do it legally. He was actually hanged in Crawfordsville, the second of the two here. Davidson was a special judge called in to Rockville to hear Henning’s trial, both sides trusting his decisions.

The most nationally-famous case he tried was probably the murder trial of Nancy Clem. Nancy was in a group of street brokers in Indianapolis, loaning money at high interest. Nancy was described by a Franklin reporter in 1881 as being buxom, hale and hearty and always involved in hurting someone as she was in February that year, trying to oust the loveable and quite capable Sarah Smith (Aunty Smith head of the women’s prison) and her six assistants. Nancy snubbed the reporter, arose, shaking out her dress and looked everywhere but at him. “There is something terrible in her cold, gray, glittering eyes, always looking for revenge!” When Nancy was convicted in the Marion Criminal Court for the killing of Jacob Young (her partner) and his wife, Nancy she was able to get the decision reversed, was switched from the penitentiary at Jeffersonville to the Indianapolis jail. Davidson presided over both of her murder trials. One comment she made after the second trial was a bit humorous, “I am innocent, and I weigh 40 pounds more than when I was first arrested – now, does that look like I’m guilty?” When she finally got out of prison, she was almost immediately back in as she prescribed (self appointed doctor under the name of Patterson) a woman’s medicine for John Martin’s sore feet. It was said to have killed him. One wild woman for sure!

Now, my particular favorite case was the one of John Campbell who in a drunken state got in a fight with his best friend and killed him. When he awoke from his stupor he cried for days at what he had done. He was tried and sentenced to life in prison, but his school-teacher, old-maid sister worked for years to get him released saying it was self-defense and that he didn’t even start the fight. Finally, after many years and sorrows, Edna Campbell got him released and Judge Davidson was one of the thousands who signed the papers for John’s freedom.

Thomas F. Davidson loved to write (I can relate) and that he did, many articles in the American Law Register and several text books that were devoured by new students to the law. In 1886, he moved to Crawfordsville and the family loved it here. He travelled here, back to Fountain and all over Central Indiana during his dozen years as judge, so he had many friends when he decided to come here partnering with Jere West and Frank Dice.

His final career wish was to be a Supreme Court judge and he was well on his way (having just turned down the nomination because of feeling poorly) when he got sick, beginning with the flu, going into other complications, and finally passing after a bad bout with erysipelas (skin disease). He was just 53 years old. Many gave tribute to this kind gentleman. Here are a few comments: attorneys and the people loved him for his justice, fearlessness and impartiality. No truer, braver or more courteous judge ever sat the bench. He had a keen perception of right and wrong. He did not court popularity but always had it. Perhaps Lew Wallace said it best, “I admired him greatly as a lawyer and loved him as a friend,” as did so many others!

An active member of the Presbyterian church, he belonged to one other organization, the Fly Fisherman’s club. My how he loved to fish and one day with his wife accompanying him, sitting at his favorite place (very huge rock – picture from findagrave by Jane) casting into Sugar Creek, he told her that, “I could wish no finer monument.” Well, we’re talking 20 tons, but bless Eliza’s heart, and it took her quite awhile to get it all worked out and more than a couple of weeks to get it moved, but as you can see that beloved wife got ‘r dun, putting that beautiful granite stone for his final reminder on Earth.

Karen Zach is the editor of Montgomery Memories, our monthly magazine all about Montgomery County. Her column, “Around the County”, appears each Thursday in The Paper of Montgomery County