HISTORY OF ORANGE COUNTY
CHAPTER 5

CASES OF ARSON, LARCENY, RETAILING, ETC.

In March, 1848, Martin Scott was convicted of arson and sentenced to the penitentiary for two years, and fined $1 and costs. Numerous ad quad damnum suits were instituted about this time over the Shirley Mill property, at Orangeville. In 1848, also, three or four residents of the northern part of the county were convicted of grand larceny and sentenced by Judge Otto to the penitentiary for two years; securing a new trial, they were reconvicted, and received the same sentence, and a fine of $15 and costs, and were disfranchised five years. William Linsey was sent to the penitentiary for one year for petit larceny. John Sanford and George Jones were sentenced to the penitentiary for two years each, for grand larceny. An important case was tried in 1848 over several town lots in Paoli: Cookerly, Schell, Cooper, et al, vs. Fetter, Dayhuff, Hazlewood, Dougherty, Lindley, et al. The trial lasted several days, and exhausted court, jurors and attorneys. In 1849 William A. Bowles was indicted for practicing without a license, but, in court, upon his own motion, had the indictment quashed. In September, 1849, Michael W. Murray was tried by a jury for challenging to fight a duel, and, upon conviction, was fined $5 and costs, and imprisoned five minutes in the county jail. In September, 1850, Dr. W. F. Sherrod was tried for assault and battery with intent to kill Dr. W. A. Bowles, and was convicted of assault and battery without the intent, and fined $2 and costs. The trouble resulted from some misunderstanding concerning the Mexican war, in which both men participated. Early in the fifties John A. Lane and W. A. Bowles became engaged in several suits of trespass, etc. About this time the leading lawyers at the Orange bar were Simpson. Thornton, Baker, Collins and Cox. During the fifties numerous suits were begun by the New Albany & Salem Railroad Company against residents in the northeastern part of the county, to compel the payment for stock subscribed to assist the construction of the road, usually resulting in favor of the road to the amount of from $100 to $400. Many cases were begun in 1852, and later, against John C. Bussick, et al., for retailing. A. J. Simpson became Prosecuting Attorney in the fall of 1852. In 1853 George A. Bicknell became Judge of the District Circuit Court. In 1852 William Langford was sentenced, upon conviction, to the penitentiary for two years for grand larceny. Many cases of counterfeiting and horse-stealing came up during the forties and fifties. There was an organized band of these criminals in this and adjoining counties, and several years elapsed before they were rooted out. An important case was the one by John A. Lane against Bowles, et al., concerning the French Lick Springs.

CHARACTER OF JUDGE SIMPSON

Arthur J. Simpson practiced at the Orange bar for nearly fifty years, and stood at the head of his profession. He possessed more cunning and adroitness then any other resident attorney, unless John Baker be excepted. He was unusually energetic, a hard worker, and "died in the harness,"being stricken down while addressing the court in 1881, in the case, the Methodist Episcopal Church vs. Benjamin Stinson. His tenacity and perseverance were remarkable, and contributed to his abundant success. He was plausible, excitable, indefatigable, subtle, fearless and entertaining, and was one of the most industrious of the resident attornevs. He was a Whig, and was well known and well respected. At his death the following action was taken by the court here and the attorneys:

WHEREAS, In the merciful providence of an all-wise Creator, our father in the profession, Arthur J. Simpson, has been permitted to live to the ripe old age of eighty-five years, about fifty of which he spent in our midst a member of this bar. In the inscrutable providence of that same omnipotent power, he has been called to a final account of his stewardship here on earth, by which the ties that here so long bound us have been gently severed, and we are left to deplore our loss. Therefore,

Resolved. That with great pleasure our minds revert to our past associations with the deceased during the period of our respective acquaintance and relations with him, both personal and professional, and deeply deplore the great loss we in his death have sustained, both as a citizen and member of the bar.

Resolved, That the same pleasant emotions entertained by the members of the bar in reverting to the past, and the same profound sorrow at their great loss in the present deep affliction which his death produces, is fully appreciated and shared in by the community in which lie has so long lived an active, energetic and worthy member.

Resolved, That while we realize that our loss and that of this community falls heavily on us and the community generally, we also realize that those connected with him by the endearing ties of consanguinity and affinity, must and do more keenly feel the weight of this afflicting dispensation of Divine Providence.

Resolved, That we do most heartily sympathize and condole with his afflicted family, in all the relations thereof, in their sad bereavement, and as a token thereof we will ask the Orange Circuit Court to cause the proceedings of this meeting to be entered on the records thereof, together with such eulogies as may be presented at the time, as testimonials of esteem and regard; and that a copy of the same be forwarded to the family of the deceased, and furnished each of the papers published in this county for publication, with a request that their exchanges publish the same.

JOHN BAKER,
WILLIAM FARRELL, Committee.
THOS. B. BUSKIRK.

In a brief pointed speech Abraham Noblitt moved their adoption, and was seconded in an able eulogy by John L. Megenity. Brief remarks were made by Messrs. Mavity, Martin, Farrell and Buskirk, and by Rev. Wright Sanders, who was present; thereupon, the motion being put, the resoloutions were adopted. On motion of William Farrell, seconded by William H. Martin, the Sheriff was directed to drape the court room in mourning, and leave the same draped. for the period of six months.

FRANCIS WILSON, Chairman.
W. H. MARTIN, Secretary.

SUNDRY COURT ITMES OF INTEREST

In 1854 D. W. Lafayette became Prosecuting Attorney. In 1853 James B. Stewart, in eighteen suits against him on scire facias, was required to pay $900, but the judgments were remitted by Gov. Wright. Samuel W. Short served as Prosecuting Attorney in 1853, and Thomas M. Brown in 1856-57. In 1857 a young man of the county was sentenced seven years to the penitentiary for rape. Robert M. Weir took the office of Prosecuting Attorney in 1859. In this year Joseph Bostwick was sent to the penitentiary for two years for grand larceny. Milton S. Mavity was admitted to practice September 5, 1859. James N. Riley was admitted in 1860. Francis Wilson was admitted March 10, 1860. Numerous cases of retailing were tried about this date. C. H. McCarty was admitted in 1860, also George W. Wiltse. John Schultz was sent to the penitentiary for two years, was fined $5 and costs, and disfranchised five years. John R. Simpson was admitted to practice in 1861. At this time A. B. Carlton became Prosecuting Attorney. A. M. Black was admitted in 1861.

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