HISTORY OF ORANGE COUNTY
CHAPTER 5
THE PROBATE COURT
The first will admitted to probate, was in June, 1816, and was that of James Baker, with Hugh Holmes, executor. The second was that of Robert Holaday, in November, 1816, with Robert and Henry Holaday, executors. The third was William Goody's, the fourth William Wells', the fifth David Johnson's and the sixth Michael Burgar's. The first letters of administration were granted Joel Charles, on the estate of Robert Brown (deceased) May, 1816. The largest will admitted to probate in early if not at any period in the county. was that of Jonathan Lindley, in April, 1828. He had owned many tracts of land scattered over the country, not only in Orange but in other counties, and when all this came to be itemized in the specific statements of a last will and testament, considerable space was required on the court records. The records seem to show that the county probate matter was done by the Associate Judges of the Circuit Court. Thomas Vandeveer become Probate Judge in 1829, and served until he was succeeded by Burton Southern in 1835. Samuel Wible succeeded Southern in 1840. William Cathcart took Wible's place in 1847, and served until the office was abolished in 1852. At this time probate matters were transferred to a new court.
THE COMMON PLEAS COURT
The first term opened February 14, 1853, with William Morrow in attendance as Judge. The first act was to admit Jonathan Payne and D. W. Lafallette to practice. The first case called, was John M. Reily. vs. Joshua Lewis, trespass on the case. This was dimissed on the motion of the plaintiff, at his costs. The next was an action of debt by Jere Wilson vs. Zachariah Tate, A. J. Simpson representing the plaintiff, and John Baker the defendant. The plaintiff recovered a judgment of $211 and costs. In the next case, Charles Magnaine and Paul Villier recovered a judgment against Z. Tate for $803 and costs, the same attorneys conducting the case. The next case was the State, vs. James King for assault and battery, with intent to murder. He was sent to the penitentiary for two years. This court was abolished in 1873, when its jurisdiction was transferred to the Circuit Court.
THE MURDER OF THOMAS MOODY
This case, in all its bearings, was one of the most important ever in Orange County, and grew out of troubles which arose between families living in Lawrence County. Briefly, the facts were about as follows: An old man named Toliver, a widower with a family of grown children, married an elderly maiden sister of Thomas Moody, she having three brothers. Soon after this Toliver was killed in a runaway accident, and at the sale of his property in the settlement of his estate, Burt Jones, one of his heirs, had a fight with Thomas Moody over the questions of disposal of the property. Moody's sister, the widow of Toliver, was accused of theft, and in slander suits which resulted she obtained judgment for $1,500, which amount was collected. In these slander suits Daniel Voorhees, Frank Wilson and others represented the Moodys, and Buskirk, Tucker, Gordon, Lamb and others represented the Joneses and Tolivers. Some time after this, one night a small mob attacked the Moodys at their home, throwing torpedoes and other explosive and dangerous missiles into the room where the family were, and in the efforts of the latter to escape Thomas Moody was shot through the body, from the effects of which he in time recovered. Soon after this the Moodys removed to Orleans, which brought future developments of the case within the jurisdiction of Orange County. Thomas Moody became satisfied that his enemies would not permit him to live long, and so stated to many with whom he talked. One evening in March, 1875, when returning to his home from up town, being somewhat later than usual, he was shot, as he entered his door, by some one and instantly killed. Two loads from a shotgun were emptied into his back, hip and side. This crime created much excitement, though not unexpected. The County Commissioners offered $1,000 reward for the murderers, the Moodys offered $3,000 and the Governor offered $600 - in all, a reward of $4,600. After a time A. B. Jones, Eli Lowery and Cole Smart were arrested upon affidavit, charged with the murder, and in the trial before Justice Stinson a week was consumed in giving the State's evidence. The defense rested without showing their hand, but the Justice bound Jones and Lowery over in the sum of $20,000 each for their appearance at the Circuit Court, and released Smart. Jones readily gave the necessary bail, but Lowery did not and was sent to jail. Here it was that Lowery turned State's evidence, implicating A. B. Jones, P. M. Toliver and Thomas Toliver and perhaps others. A. B. Jones, Lee Jones, Eli Lowery. M. P. Toliver and Thomas Toliver were then indicted and put in the Paoli jail. While here, in the summer of 1876, the prisoners were attacked by a party of men, presumably from their neighborhood but, having obtained revolvers in some unaccountable manner, they fired upon their assailants, who were driven off with some wounds, it is asserted. The prisoners were tried at Bloomington, the case of the State vs. A. B. Jones coming up first. He was convicted and sent to the penitentiary for life. Lee Jones received the same sentence, as did also Eli Lowery. In the case of Thomas Toliver the jury hung over an alibi, which had been pretty well proved, and afterward the further prosecution of his case was dropped. The jury also hung in the case of M. P. Toliver. and while thus hanging, the accused decamped for parts unknown, forfeiting his bond, from which nothing was realized by the State. The reward offered, as stated above, was paid to Harry B. Ward (detective), S. R. Tegarden, E. D. Millis and Charles H. Keeth. In this case the State's Attorneys in the various stages of the suit were: Friedly, T. B. Buskirk, Wilson, Dunn, John Buskirk, Putnam, Mavity, et. al.; and the counsel for the defense: Gordon, Tucker, Burton, McNutt, et. al. The contest was closely studied and fought. The parties concerned were wealthy, and could and did pay large attorneys' fees. Thomas B. Buskirk distinguished himself in the prosecution of the murderers of Thomas Moody, and gained the commencement of that popularity which has continued with increasing strength until the present.
THE SEYBOLD MURDER SUIT
In l874 a young man named Andrew Seybold was killed at the Springs under about the following circumstances: Peter Mosier and William Tindall were being entertained there by two young ladies, and while thus engaged were thrown at with sticks or stones by several boys. They ran out to resent the insult, and coming upon young Seybold, Mosier struck him violently over the head with a heavy stick, from the effects of which he died that night or the next day. Tindall left the Springs without knowing the result of the injury to Seybold, and incautiously stated publicly that he (Tindall) had hit Seybold a hard blow. Mosier remained at the Springs, and upon learning that his blow upon Seybold would prove fatal, hastily left the county, going no one knew whither. Tindall was arrested, tried and convicted mainly upon his own incautious statements, and sent to the penitentiary for two years for the crime in reality committed by Mosier. The whereabouts of the latter are unknown.
THE BOUNTY CASES
Under the call of October, 1863, for volunteers, the County Commissioners offered a bounty of $100 for each man necessary to clear the county quota of 186 men. That number was actually raised and mustered in to the credit of the county, and the bounty was paid to the soldiers or their families. A few years ago a number of veterans who re-enlisted to the credit of the county under the above call brought suit in the Circuit Court to collect the bounty they had not received, but which had been paid to others who had been mustered in after such veterans had re-enlisted, and had been credited to the county under the call. They took the position that the bounty belonged to the first 186 men credited to the county under the call, and urged that the bounty rightfully belonging to them by priority of enlistment had been wrongfully paid to volunteers mustered in after they had been. One or more suits were instituted as a precedent, and taken, it is said, to the Supreme Court, where the claims of the veterans were defeated, if the writer mistakes not, by the statute of limitations. At all events the veterans failed to secure their bounty.
THE HOMICIDE OF JAMES TYLER
In July, 1884, Warren Foster, of Paoli, with a revolver, shot and almost instantly killed James Tyler, of Orleans, at the latter place. He was brought to a speedy trial upon a writ of habeas corpus and was easily acquitted in a few hours. The Coroner's jury had previously brought in a verdict of justifiable homicide. It was shown by the evidence that Tyler, without provocation, had publicly threatened to give Foster a severe beating, had followed him for that purpose, had climbed into the hack driven by Foster to administer the castigation, that Foster had commanded him to leave threatening to defend himself by shooting in case of attack; that Tyler had persisted deliberately, that Foster had fired over his head to warn him to cease the attack, and had finally shot him through the heart when it was found that Tyler was not to be turned aside. Foster bore such a good reputation and Tyler such a bad one, that public opinion, when familiar with the details, promptly acquitted the former, and the court in turn did likewise. This was a remarkable case of self-defense.