HISTORY OF
ORANGE COUNTY

CHAPTER 5

BY WESTON A. GOODSPEED

ON THE 17th of February, 1816, Thomas Fulton and Joel Holbert opened the first Circuit Court in Orange County, at the house of William Lindley, with Zachariah Lindley, County Sheriff, in attendance. They produced their commissions from Gov. Thomas Posey, and took their seats. The commissions of Z. Lindley, Sheriff, and William Hoggatt, Clerk, were examined and approved, and both officers were required to give bond. A few appointments of township officers were made and Court adjourned. It reconvened April 8, 1816, at the house of William Lindley, and on this occasion the first grand jury, as follows, met: John G. Clendenin, Foreman; Samuel Chambers, Joseph Chamness, Thomas Lynch, Jesse Hollowell, George Peters, Thomas Copeland, William Rigney, David Goss, George Hinton, James Lindley, Edward Millis, John Scott, Thomas Maris, Joel Charles, Benjamin Vancleave, Joseph Farlow, John McVey, William Moore, Simon Reubuttom and John Maris. An indictment was returned against Andrew Mason for an assault and battery on the body of Bailey Hobson. The first traverse jury of the county was called: Joseph Glover, William Milliken, William Reed, Samuel Lewis, John Dilyard, Alexander Kearby, William Dougherty, Joshua Hadley, William Holaday, George French, Henry Hollowell and Edward Moore. A. Dunn appeared as Prosecuting Attorney, and John F. Ross for the defendant. The jury returned a verdict of not guilty.

THE VAIL-HOLMES MURDER CASE

The next case called was a charge of murder against Dr. Gamaliel Vail, who had been bound over for his appearance at the Circuit Court in the sum of $1,000, by Samuel Chambers, Justice of the Peace, before whom a preliminary trial or examination had been held, Thomas McManus being surety. The following was the bill of indictment:

"The Grand Jurors for the United States and the body of the county of Orange, aforesaid upon their oaths present, that Gamaliel Vail, late of the county of Orange, aforesaid, Doctor, not having the fear of God before his eyes, but being moved and seduced by the instigations of the devil, on the 28th day of November, in the year A. D. 1815, with force and arms at the county aforesaid in and upon one Joseph H. Davis Holmes, an infant in the peace of God, and of the United States, then and there being, felonously, wilfully and of his malice aforethought did make an assault and that the said Gamaliel Vail then and there felonously, wilfully and of his malice aforethought did take in his, the said Gamaliel's right hand, a certain quantity of poisonous medicine, and did then and there felonously and wilfully and of his malice aforethought give, administer and issue to the said Joseph H. Davis Holmes, which said medicine the said Joseph H. Davis Holmes then and there being did by the direction of the said Gamaliel Vail, take and put into his, the said Joseph H. Davis Holmes' mouth, and swallow down into his stomach, by means of which said giving, administering and issuing of the said poisonous medicine to the said Joseph H. Davis Holmes, in the form aforesaid to the said Joseph H. Davis Holmes, in the county aforesaid, with the medicine aforesaid, was then and there poisoned and swallowed, of which said poisoning and swallowing he, the said Joseph H. Davis Holmes, did then and there languish, and languishing did then and there die, and so the jurors aforesaid upon their oaths aforesaid do say that the said Gamaliel Vail did him, the said Joseph H. Davis Holmes, in manner and form aforesaid felonously, wilfully and of his malice aforethought, murder, contrary to the form of the statute in such case, made and provided and against the peace and dignity of the United States"

The defendant not appearing, the Prosecuting Attorney (Dunn), asked that the recognizance might be considered forfeited, whereupon a scire facias was issued returnable at the next term why execution should not be made upon the property of the defendant and his surety for $1,000. J. R. Ross, attorney for the defendant, moved that the indictment against his client be quashed for defects, which motion was sustained after due consideration.

THE FIRST SESSION AT PAOLI

On the second Monday in July, 1816, the court again convened at the house of William Lindley, but immediately adjourned to Paoli and assembled in the new log court house just erected. James Chess was fined $30 for an assault and battery upon Joseph Glover. This was afterward remitted by the Governor. Adam Wible was fined $10 for an assault upon Abraham Rife, his attorney being John H. Thompson. John Rigney was also fined $5 for an assault upon Abraham Rife. Azor Charles sued James Nichols on a note for $40 and recovered judgment. John F. Ross was attorney for plaintiff. At the November term bills of indictment were returned for an affray, horse stealing, a suit for divorce - Joseph Reubottom vs. Hannah (Cox) Reubottom, several cases of assault, etc. Alexander Meek appeared as an attorney. By this time the court was in full running order. The majority of cases were for assault and battery. Henry Stephens appeared as an attorney. William Shoemaker brought suit in November, 1816, against Samuel Fulton for slander, laying his damages at $1,000 A. Dunn attorney for plaintiff, and J. R. E. Goodlett attorney for defendant; also Henry Stephens. Plaintiff recovered judgment for $15 and costs. This was the first slander case in the county. In 1817 E. McDonald appeared as an attorney. Charles Dewey became Prosecuting Attorney in 1817. No other important cases were tried for several years except the murder of Michael Bunger.

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