HISTORY OF ORANGE COUNTY
CHAPTER 5


PROFESSIONAL CHARACTER OF BAKER,
PAYNE AND THROOP

John Baker possessed deeper cunning than any other attorney ever a resident of the county. He was not well educated, being wholly self-made, and had studied under Mr. Simpson, from whom he obtained his early tactics. He had fine natural ability, was deep minded, and this fact, coupled with his singular cunning, made him eminent in his profession. His penetration and comprehension made him an excellent real estate counselor, and his craft and skill gave him success where the merits of his case were obscure or altogether missing. Clients with improper claims, unjust demands, with little or no law or equity for them, went to him, and were often repaid by far greater success than they had hoped. He practiced about fifteen years in Orange County, and during that period edited a small newspaper for a short time early in the fifties at Orleans. He is yet living in Vincennes. John W. Payne, who lived at Corydon and enjoyed a large practice in Orange County, was in many essential respects just the reverse of Baker. He was tall, slender, auburn-haired, possessed a fine brain and a good education, and was, perhaps, the most high-minded and conscientious lawyer of southern Indiana. A client pressing an unjust claim was discountenanced by him. He was neither tricky nor unscrupulous. The moral sentiments predominated. He was deep, skillful and thoroughly reliable, plausible, graceful, eloquent, and a jury lawyer of great power. Men saw from his manner that he could be depended upon. He was one of the ablest men of his day in the south end of the State. He was a Whig. Thomas J. Throop, also a Whig, was tall, rather fleshy, smooth-faced, rather dark complexioned, and had the nervous bilious temperament. His brain was large, and his judgment rarely excelled. His mind was judicial. He was successful in practice. He was plausible and effective with a jury, and was one of the best advocates, possessing wit, mirth and conversational powers of a high order. He was a good citizen, moral, upright and enterprising. He lived many years in the county, and enjoyed a large practice and the respect of all who knew him.

SLAVERY IN ORANGE COUNTY

In 1858 W. A. Bowles was indicted for bringing seven slaves into Indiana and maintaining them there, in violation of the Constitution, in a state of slavery. He pleaded that the slaves were the property of his wife, and were only temporarily at the French Lick Springs, having been brought from Louisville for a short time for their health. The case went against him, however, he being fined $40 in the Common Pleas Court; but he appealed to the Supreme Court. There were seven separate indictments for the seven negroes, only one, as a precedent, being tried. While the case was pending in the Supreme Court Dr. Bowles appeared in court and announced, in answer to charges on the other indictments, that should the Supreme Court decide adversely to him he would plead guilty to the other six indictments. Proceedings on these indictments were then deferred until the decision of the Supreme Court was received, which decision being against him he accordingly plead guilty to the indictments and was fined a nominal sum and costs. This case attracted much interest at the time, as a revolution on the subject of slavery was ensuing. The hostile attitude of the North and the South, the Kansas war, the John Brown insurrection and the Dred Scott case, gave prominence to the Bowles case. Severe comments were made by the New York Tribune on the conduct of Dr. Bowles in endeavoring to establish slavery on the soil of Indiana. Other papers, far and near, commented on the case, making much more out of it than facts warranted.

CHARACTER OF THORNTON, THE COXES, ET AL.

Thomas V. Thornton, son of H. P., was Deputy Clerk under John McVey, and while thus engaged studied law. He was tall, dark, slender, aristocratic, pompous, walked with a cane and a cigar, was well-educated, a good lawyer, a better counselor than an advocate and was cunning without unscrupulousness. He was County Clerk for fourteen years, though a Whig, but was turned out early in the forties, chiefly by the efforts of Comingore, Albert, et al., who determined that none but a Democrat in a Democratic county should occupy that office. Harris Flanagan lived for a short time early at Paoli. He was a fiery Irish advocate and soon moved to the northern part of the State. T. B. Kinder practiced a short time before he went to the Mexican war. Jesse T. and Joseph Cox lived and practiced law at Paoli. They were quite successful in law, but their immoral proclivities were too preponderant for general popularity. Thomas Collins was admitted to the bar during the fifties. He was a good student, able of brain, plausible, effective, deep, even when a young man, but far more so in maturer years. He became Judge of the Jackson County District. A. M. Black also practiced law, but did not get far beyond probate matters. In this branch he became experienced, and secured a fair practice. Gideon Putnam, Thomas Clark, Simeon K. Wolf, G. W. Friedly and many other attorneys of surrounding counties practiced here.

THE HAMPTON-HENLEY MURDER

In 1860 a murder occurred in Northeast Township, the circumstances being, briefly, as follows: John Hampton, a young unmarried man, had been paying his address to a young lady about whom the murdered man, Henley, had made observations, which roused Hampton to the determination to kill him at the first opportunity. He accordingly procured a shot-gun, and without any effort of secrecy sought Henley and coolly shot him dead. He was indicted for murder, and convicted of that crime in the first degree, his attorney being James Collins, the prosecutor being R. M. Weir. The trial took place in Floyd County upon a change of venue, and resulted in conviction as above stated, and a sentence of imprisonment in State's prison for life. It was there, after the lapse of about four months, that Hampton died. Other attorneys than those mentioned assisted in the case.

THE McCART MURDER CASE

In 1864, when the Twenty-fourth Regiment was at home on veteran furlough, a murder occurred in Orleans, which was soon followed by another. Considerable trouble had occurred during a portion of one day between a squad of soldiers and several men at Orleans, of whom John McCart was perhaps the principal. As the soldiers boarded the train to go to Mitchell, McCart made some remark, which so roused one of them, named Parish, that he jumped from the train and came back, and in the encounter which followed was stabbed by McCart and soon died from the effects of the wound. The comrades of the soldier were wired the news, and all, to the number of about twenty. came back by the next train, no doubt to wreak vengeance upon McCart, who was found by them in a store in Orleans. They attacked him, striking him so with clubs and otherwise that death resulted. When the boys came back from the army some half dozen of them were indicted for killing McCart, the prosecution of only two, Columbus Brown and John F. Moore, coming to trial. Both were tried and acquitted and further action on the remaining indictments was dropped.

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