orange hjistory chapter 5

HISTORY OF THE BENCH AND BAR - THE FIRST CIRCUIT COURT - THE VAIL - HOLMES MURDER CASE - THE LINDLEY - CHESS SLANDER SUIT - THE ADMISSION OF ATTORNEYS - THE BUNGER HOMICIDE - THE EARLY JUDGES - PROFESSIONAL CHARACTER OF RESIDENT ATTORNEYS - THE PORTER - HOGGATT CONTROVERSY - THE BOLLS - GILLILAND MURDER - EARLY SUPREME COURT CASES - COURT OFFICERS - THE SLAVE CASES - THE HAMPTON - HENLEY MURDER - THE PARISH - McCART HOMICIDES - RECENT PRACTITIONERS - AN ACCOUNT OF NUMEROUS MURDERS AND OTHER CRIMES - THE BOWLES DIVORCE CASE - THE PROBATE AND COMMON PLEAS COURTS - OTHER ITEMS OF INTEREST

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 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.

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.

On the 10th of July, 1818, Daniel and Michael Bunger were hoeing corn, when they became involved in an altercation which ended by Daniel striking Michael a violent blow on the side of the head with the heavy hoe, inflicting a wound three inches long and two inches deep, from which Michael died in a few minutes. Daniel was indicted by the grand jury and tried before Judge Floyd, Charles Dewey prosecuting and Henry Stephens defending. The jury decided that Daniel was insane, and thus incapable of committing a crime, whereupon a guardian was appointed by the court.

The usual court routine were suits of slander, covenant, riot, assumpsit, assault and battery, debt, trespass on the case, divorce, trespass, etc. F. P. Stows was admitted to practice in 1817. The famous fictions, John Doe vs. Richard Roe, or John Den vs. Richard Fen, were used at this time and until the adoption of the new constitution of 1852. The old attorneys were sorry to part with the old practice, and deplored the innovation on a usage so old that the memory of man ran not to the contrary. It seemed a sacrilege on a time-honored custom, and during the remainder of their lives the old attorneys did not become reconciled to the statutory change.

A case which created much amusement at the time to outsiders was that of trespass on the case brought by Zachariah Lindley against James Chess for slander. The latter having a personal grudge against the former for some reason, which is said to have been a rigid enforcement of various merited judgments against him for sundry offences, in order to injure him, and if possible secure his dismissal from the office of County Sheriff, composed and published the following "poem:"

ZACHARIAH LINDLEY'S MORNING PRAYER.
“Preserve me, Lord, throughout this day,
A saint that doth most humbly pray;
Oh, give me drink, and give me food,
Of everything that's sweet and good;
Oh, give me, Lord, a store of riches,
Nor let me go with patched breeches.
Let me have wine, oh, yes, and brandy,
To me more sweet than sugar candy.
Oh give me, Lord, Constant protection;
Teach me to lie at each election.
Let me have jurors that for hire
Can always clear a guilty squire.
Raise me up to highest power,
And give me whisky every hour,
That I may drink and have my fill,
And for a vote can give a gill.
Do Thou make sure, then, my election,
Nor give to Pinnick your protection;
Let some device that I may use
The peoples' suffrage still abuse;
Oh, let my power still extend
To help in law my warmest friend;
Save me from lawyers Goodlett and Meek,
And Thy great praise I'll always speak.

"Z. Lindley-The 109th Psalm and 8th verse.* This was a toast drank by a lady in this town, and every man in this county should drink it. The copyright is secured to the Sheriff."

[*"Let his days be few, and let another take his office."]

Mr. Lindley brought suit for $5,000 damages for the libel, Henry Stephens being his attorney, but the case was finally compromised in some manner not now remembered. James Chess was a notorious lawbreaker, and a few years later engaged in counterfeiting and was arrested and prosecuted in the Lawrence Circuit Court. It was shown in the trial that he had counterfeited forty-four eagles, current gold coin of the United States, whereupon he was convicted and sentenced to the penitentiary for a term of years. His counsel, Stephen & Kidder, appealed the case to the Supreme Court, alleging in the complaint that no State court had jurisdiction in an infringement or violation of a law of the United States, but the judgment of the lower court was in all things affirmed at the cost of the appellant. Moore prosecuted the pleas of the State.

Zachariah Lindley was the terror of evil-doers. He was a large, strong, active man, utterly destitute of fear, and made just such an officer as was needed in that early day of slack or absent law. Many a horse thief or other serious criminal, whom he had followed and arrested perhaps in one of the Southern States, was never heard of afterward, the opinion prevailing that he took the law into his own hands and perhaps strung them up to a convenient tree without assistance or without benefit of clergy, thus to save to his county the costs of a long and burdensome trial, and rid the earth of an encumbrance. A few years later than this a negro attacked Daniel Dayhuff with a knife or an ax and cut his abdomen so that his intestines protruded in a dangerous manner. The negro then made his escape into Kentucky, but was followed by Lindley and captured, but was never brought back. James Chess, who lived north in the edge of Lawrence County, it is said was constantly engaged in a case of assault and battery, and being a strong man, was usually the aggressor. He feared no man except Zachariah Lindley, but on one occasion he outwitted Lindley, which the latter afterward pleasantly confessed. Chess had violated the law in some manner, and Lindley went up to arrest him. Upon reaching his log residence the Sheriff knocked at the door, which was instantly opened and an arm thrust out. A violent twist was given the nasal organ of the surprised Lindley, and at the same time a pistol was leveled at him by Chess, who had the "drop" on him at last. The Sheriff could not draw a pistol, for if he attempted it, Chess, who was courageous and dangerous, would shoot him without hesitation. He, therefore, made the best of the situation, and threw up his hands when ordered to do so by Chess, and marched out of the yard with as much dignity as he could command in such a humiliating position. Lindley was afterward leader of a band of regulators; he was also Colonel of the Thirteenth Regiment of Indiana Militia.

Comparatively little is known as to the professional character of the early members of the bench and bar of the Orange Circuit Court. David Raymond was the first President Judge and Samuel Chambers and Thomas Vandeveer the first two Associates. Judge Raymond lived in one of the counties on the southeast and is said to have been an able jurist for that day. The two Associates were well known to the early settlers of the county. They were rough old fellows, full of hard common sense, with personal honor far above reproach, and graced the position they were elected to occupy. It would seem that the office of Associate Judge was useless, but it greatly facilitated the transaction of court proceedings, as the Associates in vacation could get matters well in hand for the few days of the court term.

In 1818 Davis Floyd became President Judge. He was a tall, dark-complexioned man, with a heavy voice and rapid speech, and was specially skillful in the management of a case in court. He was eminently a "jury lawyer," but was also a good judge of law and a fair student. On the bench he was grave, decorous, but would "down"a lawyer detected in an attempt to impose upon his credulity or befog him with intricate legal technicalities. In 1817 John Pinnick became his Associate on the bench, vice Chambers, and in 1818 Samuel Cobb also became his Associate, vice Pinnick, resigned.

The earliest attorneys at the Orange Bar were Alexander Dunn, John F. Ross, John H. Thompson, Alexander A. Meek, Henry Stephens, J. R. E. Goodlett, Ebenezer McDonald, Charles Dewey, E. P. Stowes, David Raymond, Henry Hurst, William Hendricks, H. H. Moore, Davis Floyd, William R. Bobbett, Reuben Kidder, and a few others. These men were the flower of the bar of southeastern Indiana in early years. The most of them were men of great professional strength, old practitioners, learned in the law, skillful in practice, with high natural talent and character. Half of them became Judges of their Judicial Districts. There is scarcely a case in the Supreme Court Reports of earlier years from southeastern Indiana that was not argued, pro or con, by one or more of these attorneys. Those who more particularly practiced before the Orange Bar were Stephens, Goodlett, Dewey, Ross, Thompson, Meek, Dunn, Moore, and Hurst. Stephens was a man of unusual talent and culture. His advice was sought in nearly all the cases involving life or large property interests. Goodlett was not a brilliant practitioner. He was phlegmatic and deliberate and a good counselor, but lacked that readiness and rapidity essential to success before a jury. Ross was pre-eminently a jury lawyer. He was bright, apt, adroit, technical, persuasive, plausible, a good story-teller and conversationalist, but was not a profound student of the principles of law. He became Judge of the Second Judicial District then comprising the county of Orange. Many of the cases appealed from his judgment to the Supreme Court were reversed upon well established principles of law or equity. He was a better advocate than a judge. But little can be learned of the professional character of Meek, Dunn, or Hurst. The latter is remembered as a man of great power in the court room. He possessed the highest personal magnetism and natural fitness for his profession, either on the bench or bar, not surpassed in southern Indiana. Meek was a worker. He was slow, but went to the bottom of his cases, but lacked dash. celerity and audacity. Goodlett lived in Paoli for a few years, and was counsel in many of the cases during the decade of the twenties and thirties.

One of the brightest lawyers of southern Indiana at that period, who lived for a time at Paoli, was Henry H. Moore. He was well educated, and was a prominent member of the Whig party. He became a candidate for Congress and for the Governorship, but was beaten in both races. He was a natural orator, and full of fiery energy. At the bar he excelled as a pleader. He was brilliant rather than profound; was quick at retort, adroit in debate, poetic in fancy, magnetic in manner, and was therefore a jury lawyer of the highest order. His papers, some of which may yet be seen among the county records, show care in preparation. John H. Thompson, who was at first attorney before the Orange bar, but afterward for many years as Judge of the District Circuit Court, was an excellent judge of the application of the principles of law or equity to the case in hand, and was rarely ever reversed in the Supreme Court. It took a skillful lawyer to conceal from him in the depths of conflicting evidence and argument the actual principles involved. He unraveled the web or skein of the most complex or baffling case, and presented the legal and equitable points with a deliberate accuracy surprising to the lawyers. He was well educated, slow, deliberate, auburn-haired, tall, aristocratic, wore a wig, and was rather a poor pleader, as he lacked language, wit and forensic power. Politically, he was a Whig, but took little or no active interest in politics. Charles Dewey was in many respects the ablest lawyer ever a resident of the county or of southern Indiana. He was a hard student, and,to gain his point with the court, would, if necessary, cite scores of cases from all parts of the world, and in all times, involving the principles the application of which he sought. He was, therefore, a profound counselor. If his client's case possessed legal or equitable merits he knew it. His papers were models of strength. skill, pith and perspicuity. His judgment was excellent, his personal and professional character above calumny, his knowledge of the law deep and ready. He was a large man, of fine physique, was solid and deep in debate rather than flashy and oily, but gave sufficient rhetorical color to his arguments to render them interesting to the dullest listener. He never failed to gain the entire attention of court and jury. He was dignified without stiffness, sociable without familiarity, sarcastic without bitterness, and, though an ardent Whig, applied himself solely and assiduously to the practice of the law. He removed to Clarke County about 1836-37.

In 1818 and 1819 Hugh S. Ross, James R. Higgins, John N. Dunbar, Samuel Liggett, Jeremiah Bowland, Robert Holly, Henry A. Coward and others were admitted to practice at the Orange bar. At the March term, 1820, Wright Sanders was tried for murder. The details of this case cannot be given. The trial ran through several days and terms, and resulted in a verdict of manslaughter, the punishment being a fine of $50, imprisonment in the county jail one hour, and three stripes on the bare back. At this time the docket was quite full with cases of covenant, trover, assault and battery, foreign attachment, appeal, debt, case, trespass on the case, larceny, divorce, ejectment, murder, assumpsit, bastardy. adultery, slander, passing counterfeit money, nuisance, perjury, forgery, etc., etc. Jonathan Doty became President Judge in 1821, and Jacob Call in 1822. R. C. Dewey and Daniel J. Caswell, attorneys, were admitted to practice in 1821. Henry Hurst was Prosecuting Attorney in 1822. John R. Porter became President Judge in 1824; Thomas Vandeveer and John H. Campbell being his Associates. In 1825 John Law was Prosecuting Attorney, and John Miles was admitted to the bar. Many cases during these years were for assault and battery, with intent to commit murder, and owing to the prevailing custom of fighting cannot be wondered at. It was often the case that excellent men were thus indicted. At the February term, 1826, Jacob Cooper and Hiram Cooper were tried on this charge, both being convicted of assault and battery, and the latter of the intent to murder as well. He was fined $25 and costs. John Law prosecuted the pleas of the State; Dewey defended. Isaac Wells was the one killed. He was beaten so with a club that he afterward died from the effect. His own aggressive acts only prevented the jury from fixing a heavier penalty on the Coopers.

In 1822 John R. Porter, attorney, who had been serving William Hoggatt as Deputy Clerk of the county, appeared in the county in printed band-bills with affidavits from several persons to the effect that Hoggatt was guilty of malfeasance in office. Specific charges were made that he had misappropriated court funds to his own use. He answered in an open printed letter to the public, with affidavits of persons whom the complaint had charged were injured, showing that the charges were unjust, false, etc., but the matter remained in doubt and no lawsuits resulted. Under the authority of the Circuit Court an investigation was held, but with no damaging result to Hoggatt. Soon afterward Judge Call examined the Clerk's office, and made the following report:

STATE OF INDIANA,
ORANGE COUNTY.

}SS.

October Term, 1822, Third Day of Term.

Having this day concluded the examination of the Clerk's office of said county, I report that I found all things in good order.

J. CALL, President Judge First Judical Circuit.

On the 30th of December, 1826, a short distance west of Paoli, Benjamin Bolls and John Gilliland became engaged in a fight, during which the former drew a knife and stabbed the latter in the groin, inflicting a wound about two inches long by two inches deep, from the effects of which Gilliland died in a few minutes. Boils was indicted,and the case came up for trial at the February term, 1827. After an exciting trial the jury returned a verdict of murder in the first degree, but upon a technical point a new trial was secured, and the case was continued until the July term, 1827. At this time the jury returned a verdict of guilty of manslaughter and fixed the punishment at sixteen years in the penitentiary, and a fine of $1 and costs. Soon after this, for some reason unknown, Bolls was pardoned by the Governor. John Law was Prosecutor, John R. Porter, Judge, and it is probable that Dewey was attorney for Bolls. Altogether the trial lasted eight days, and seems to have been hotly contested.

In February, 1827, Albert S. White, Henry Collins, James Collins, William H. Hurst and Henry S. Henely were admitted to practice. Numerous cases of horse stealing and burglary came up about this time. On the motion of Charles Dewey, Isaac Howk was appointed Special Prosecutor for the February term, 1829, Law being absent. Eben D. Edson and Benjamin Hurst were admitted to practice in 1829. John F. Ross became President Judge in 1830, vice Porter. John H. Campbell and Joseph Hostetler were his Associates. William Hoggatt, County Clerk, died, and in December, 1830, James Collins was appointed to succeed him, but not qualifying he was superseded by John McVey, who for many years officiated in that capacity. In 1831 Jacob Moulder succeeded Campbell as Associate Judge.

In 1829 the first Case was taken from Orange County to the Supreme Court, and was in substance as follows:

John Dougherty was the owner of a certificate for a quarter section of land on which one-fourth of the purchase money had been paid. He sold fifty acres* of this quarter section to Edward Humston, giving his bond in the sum of $500 conditioned to convey such fifty acres as soon as the title for the same was received from the United States. Humston then gave his notes to Dougherty for $50, payable in sawing, and afterward paid the notes. He also executed to Dougherty his bond to pay into the land office the sum necessary to clear it out of the office, but before this could be done Dougherty relinquished half of the quarter section and obtained a patent for the remainder in his own name. Humston took possession of the fifty acres and enclosed it with a fence. George Dougherty, son of John Dougherty, then procured from his father an assignment of the certificate and soon after a title to the fifty acres. He then expelled Mr. Humston from the land. Judge John F. Ross decided that Humston should have a conveyance for the fifty acres of land, provided he paid to the Clerk's office the sum of $20 for the benefit of George Dougherty, and appointed a Commissioner to execute the conveyance. The trial was a long one, lasting several days, and many witnesses were examined. John H. Farnham was the attorney for Humston, and Charles Dewey for George Dougherty. The latter appealed the cause to the Supreme Court and secured a reversal on the ground that, as the cause was in chancery, Humston not having paid all the purchase money for the land title, was not entitled to an equity of conveyance. This case elicited much interest at the time by reason of its importance, and the fact that it was the first case appealed from Orange County to the Supreme Court.

[*This land was on Section 23, Township 2 north, Range 1 east.]

In 1830 the second case, as follows, was taken to the Supreme Court: William A. Bowles entered into a contract with Joseph Potts and John Parvin, owners of a brick-kiln, at Paoli, to deliver to him (Bowles) 70,000 bricks on or before May 1, 1829, and in consideration gave his note for $210, payable to Potts in twelve months, dated October 30, 1828. The bricks were not delivered, and suit was brought by Edward Newby, assignee of James Potts, upon the note when due; but Bowles pleaded failure of consideration, and to this plea was a demurrer which was sustained by Judge Ross. The Judge accepted the argument of Charles Dewey, attorney for Newby, that the true consideration of the note for the money was not the actual delivery of the bricks but the undertaking to deliver them, that being the construction of the plea and so understood. The case was strongly argued in the Orange Circuit Court by Dewey and Isaac Howk, attorney for Bowles. The Supreme Court reversed the judgment of Judge Ross upon this ground: "The time for the delivery of these bricks in this case being prior to the time for the payment of the money shows clearly that it was the understanding of both parties that the delivery of the bricks should precede the payment of the purchase money, and no person can compel another to perform his part of the contract until he himself has performed what he stipulated to do as the consideration of the other promise. * * The principle is that where a promise is the consideration, a failure to perform that promise is a failure of consideration". 1 Pet. Rep, 465, Ld. Raym. 666: 1 Saund., 352 n. After being remanded the case became so complicated that it cannot now be followed without the papers, which are missing.

The third case, as follows, went to the Supreme Court in 1831: Jonathan Lindley, County Agent, sold at auction to John Austin three lots in Paoli, and gave him a title bond as follows:

STATE OF INDIANA,
ORANGE COUNTY.

}SS.

Know all men by these presents, that I, Jonathan Lindley, lawful Agent for the town of Paoli, am held and firmly bound unto 'John Austin in the penal sum of $157.50, to which payment I bind myself, my heirs, and every of them, to be made and done. Witness my hand and seal April 9, 1816. The Condition of the above obligation is such that if the above bounden Jonathan Lindley doth make a deed unto John Austin for Lots No. 18, 21 and 28, in the town of Paoli, as soon as he can obtain a deed for the same, in failure thereof the above obligation to stand in full force and virtue in law, the date above written.
JONATHAN LINDLEY. [SEAL]

Payment was properly made for the lots by Austin and afterward he received a deed for two of them from Lindley, endorsing a receipt for such deed on the title bond. Austin then assigned the bond as to the third lot to William Cravens, who soon died, his administratrix being Jane Cravens. Jonathan Lindly also died, his executor being William Lindley. Jane Cravens as administratrix brought suit on the title bond against William Lindley, executor of Jonathan Lindley, and recovered a judgment before Judge Ross. Several important questions came up on trial; John H. Farnham was attorney for Lindley and for Jane Cravens. It was alleged that Jonathan Lindley through mistake permitted the word "heirs"to appear in the title bond instead of the words "successors in office,"and also that it was well known that Lindley conveyed the land in his official character and that his personal property should not be subject to execution under the judgment. William Lindley prayed the court for an injunction on the judgment and general relief, to which there was a demurer which was sustained and the injunction which had been temporarily granted in vacation was dissolved. The Supreme Court held that the judgment should be reversed and remanded to the Orange Circuit Court, and leave given the complainant to amend his bill, the error of the lower court being that upon sustaining the demurrer to the bill, the cause was not permitted to stand over for a reasonable time for the complainant to amend his bill. The Supreme Court also decided that the complainant's relief was to have the mistake in the title bond corrected in a court of chancery, by which act the county of Orange, and not the complainant, would become liable to Jane Cravens. It was also settled that the mistake in the title bond could not be pleaded in an action at law, but could only be in chancery, the ruling of the lower court on that point being correct. John H. Farnham was attorney for Lindley, and Charles Dewey for Jane Cravens. This was one of the hardest fought trials of early years.

In March, 1831, George Lear was sent to the penitentiary for two years for forgery. James Scott was admitted to practice in 1831. James Clark became Associate Judge in 1833, vice Hostetler, resigned. H. P. Thornton had been admitted to practice several years before 1833, as had also Arthur J. Simpson. The leading practitioners at this time were Dewey, Thompson, Simpson, Thornton and Goodlet. Charles Dewey became Prosecuting Attorney in 1834. Richard W. Thompson was admitted to practice in 1834; Elijah Bell in 1836, John W. Payne, 1836; John A. Breckenridge, 1836; William A. Porter, 1836; John Baker, 1837; Thomas J. Barnett, 1838; Thomas J. Throop; Harris Flanagan, 1838; George G. Dunn, 1839; John Kingsbury, 1839. John H. Thompson became President Judge in 1834, with Jacob Moulder and James Clark, Associates. In 1836, William Case succeeded Clark. A. J. Simpson and John Baker were appointed Masters in Chancery in 1838. Michael Mavity became Associate Judge in 1838, vice Moulder. John W. Payne became Prosecuting Attorney in 1839, vice Charles Dewey.

On the 10th of August, 1833, Daniel Weaver and Peter Lindley, colored men, residents of the county, became involved in a fight during which the former stabbed the latter in the back between the shoulder blades with a knife to the depth of four inches, causing his death. Weaver was arrested and tried for manslaughter, John Law, prosecuting. and Thompson defending, but the jury disagreed. Upon the second trial which was fought with great stubbornness, Weaver was found guilty of manslaughter, his punishment being three years in the penitentiary and a fine of $5 and costs. In March, 1835, Lewis Peyton who had been arraigned for horse stealing, plead guilty and was sentenced by Judge Thompson to the penitentiary for two years and fined $5 and costs, and disfranchised two years. There were many cases in court during these years for selling goods without a license. In 1837 Peyton Cornell was convicted of assault and battery with intent to kill, and was sentenced to the penitentiary for two years and fined $1 and costs. In 1838 John W. Johnson was found guilty of grand larceny and sentenced to State's prison for two years, and fined $1 and costs. His, attorneys were Thomas J. Throop and Arthur J. Simpson. The prosecutor was Charles Dewey. In 1839 William Kelley was convicted of grand larceny and sent to the penitentiary by Judge Thompson for two years, fined $1 and costs and disfranchised five years. His attorney was John Kingsbury. During the decade of the thirties there were several important cases involving large property interests. Some of these were in the settlement of estates. The largest estate administered in the county in early years was that of Jonathan Lindley during the twenties.

The professional character of Judge John R. Porter Somewhat resembled that of Charles Dewey. He was deep in the law, long-headed and sagacious, and was a great student, not only of his profession, but of general literature as well. In argument he was very convincing, both to court and jury. Through his addresses ran a vein of satire that always revealed the skeleton in the closet. His arguments were substantial, comprehensive and well sustained by authority, but lacked that smooth plausibility which usually misleads. He was tall, spare, fine-looking, dignified, but could descend when necessary to great depths of familiarity. He was a Whig, though rather inactive, and moved to Covington at an early day. Albert S. White, an ardent Whig and politician possessed high natural talent He was afterward sent from Lafayette to the Lower House of Congress, and to the United States Senate. He was small, dark-complexioned, singularly honest, and was one of the most profound law students in the State. He was cool and deliberate in debate, but when warmed up became brilliant, eloquent and very effective. He was adroit, subtle, pungent, daring, an excellent judge of men, observing, perplexing, vivacious, and became the master of whatever he undertook. He possesed the remarkable power of grasping the vital points of a case, apparently by intuition. He lived for a short time at Paoli. James Collins possessed great force of character, and never deserted his client as long as there was a listening court. The law was scarcely explored deeper than he went. Authorities in point could be quoted in abundance when occassion demanded. Thoroughly reliable, he gained not only the confidence of his clients, but kindled their admiration as well, by his faithfulness, persistence, probity and deep intelligence. He was tall, auburn or dark complexioned, very successful in practice, grave, without austerity, mirthful, without buffoonery. He also was a Whig and one of the most popular practitioners.

There were but few really important cases tried in the county during the decades of the forties and fifties. Those that lengthened out were caused more by the amounts involved than by important legal or equitable principles to be established. Men will often go to law with no case, in hope of gaining their point through technicalities, or a bewildered jury. Cases which were appealed to the Supreme Court began to multiply during the above mentioned decades. None was of much importance; the following were the most conspicuous:

In 1842, Margaret Watson, formerly the wife of James Pearson, deceased, and now widow of B. M. Watson, deceased, filed a bill in chancery against J. G. Clendenin and others, claiming dower to a tract of land in Orange County and to several lots in Paoli. The defendants demurred alleging multifariousness, but the demurrer was overruled. The bill of the plaintiff was dismissed, finally, for want of equity. The property in question had been conveyed by James Pearson, and the real question at issue was whether Mrs. Watson's acknowledgement of such conveyances was sufficient. The Supreme Court held that as to Braxtan and Coffin, two of the defendants, the judgment of Judge Thompson must be reversed, but affirmed as to the others. James Collins was attorney for Mrs. Watson and Payne and Thornton for the defendants.

In l844 Enoch Thompson filed a complaint before two Justices of the Peace against Henry Dougherty and William Johnson tenants, for holding over, etc., claiming $100 damages. The plea was not guilty. Dougherty had sold the property in fee-simple to Thompson, and at the same time Thompson leased the property to Dougherty and Johnson and at the end of the term of lease was to pay $100 conditioned that Dougherty and Johnson would surrender the premises, and also conditioned that should Dougherty pay a certain debt by that time he (D.) might retain possession of the premises and take all interest in the same. Dougherty and Johnson agreed that if the former did not pay the said certain debt in the time specified they would give up the premises. The Supreme Court affirmed the judgment of the lower court, holding that the claim of $100 did not exceed the jurisdiction of the Justices, that the title to real estate was not involved in the cause, that to maintain suit it was not necessary for the plaintiff to make a tender of the $100 to Dougherty, and that the relation between the parties was that of lessor and lessee. This case was a long one before the lower court, James Collins being attorney for Dougherty and Johnson, and H. P. Thornton for Thompson.

In 1850 J. G. Clendenin brought suit against John Frazier, Commissioner, on certificates of the New Albany and Vincennes Road, but being defeated in the lower court appealed to the Supreme Court with the following result: "In the act of 1843, providing for the issue of certificates by the Commissioner (Frazier) of the New Albany and Vincennes Road, for subscriptions in money or labor, the clause which pledges all money not otherwise appropriated accruing from the road for the redemption of such certificates, does not amount to a pledge but is only a promise on the part of the State that the certificate shall be paid out of the tolls that shall afterward accrue; and the Commissioner of said road cannot be sued (by Clendenin) on such promise."

In 1840 Andrew J. Thickston and Elias S. Terry were admitted to practice; W. D. Rossetter in 1843. In 1845 William P. Otto became President Judge, Michael Mavity and William Case being Associates. Henry Hollowell succeeded Mavity in 1846. W. B. Niblack and John S. Watts were admitted in 1846. T. B. Kinder was admitted to the bar in 1846. John Baker was appointed Master in Chancery in 1846. Lyman Leslie became District Prosecuting Attorney in 1846. Samuel Frisbie was admitted in 1846. William Case, Associate Judge, died in 1847 and John Hungate succeeded him. Jesse T. and Joseph Cox were admitted to practice about this time. T. H. Thornton had been admitted a number of years before. Lucian Barbour was admitted in 1850. George A. Bicknell became Special Prosecutor in 1850. William Morrow was admitted in 1851. C. L. Dunham had been admitted for many years. In 1852 the office of Associate Judge was abolished, W. P. Otto continuing alone. At this time the Common Pleas Court was created, and the Probate Court abolished.

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.

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.

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

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.

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.

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.

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.

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.

The order books of the Orange Circuit Court having been misplaced or stolen from the office, matters contained therein cannot be set forth in these pages, save what can be learned from the recollection of attorneys and others. The years missing are from 1861 to 1869. During that period William Farrell, J. W. Tucker, D. A. Kochenour, David Alspaugh, John W. Payne, Thomas B. Buskirk and others were admitted to practice, Farrell and Buskirk in 1868. In 1870 W. R. Harris, W. J. Stone, W. H. Martin, M. W. Elrod, William Throop and Thomas Hunt were admittted to practice. In 1871 R. J. Shaw, Joseph P. Throop and S. R. Tegarden were admitted. J. R. McMahan and W. T. Spicely were admitted in 1873; D. J. Overmyer and Nathaniel Hitch in 1874; W. A. Bell, S. J. Whitten, J. W. Sulenger, J. H. McMickle and W. H. Talbot in 1875; W. J. Frazer, W. E. Hendricks, Abraham Noblitt and E. J. Wilson in 1876; John Alexander, J. F. Dillon, E. W. Black, C. H. Burton, J. D. Carter, C. H. Dillon, John J. Lingle in 1877; George A. Buskirk, Alvin Campbell, Cornelius Curry and John R. East in 1878; 5. 0. Foster in 1879; J. E. Baker, John Dougherty and John A. Zaring in 1880: Moses F. Dunn, W. R. Gardner, J. H. Willard, Robert Palmer. Among the later Prosecuting Attorneys have been Carlton, Weir, Brown, Shaw, Pittman, Tucker. East, Myers, Mavity, Duncan and the present incumbent of that office, Mr. Henley. Judge E. D. Pearson, who served from 1873 to 1879, is yet living at Bedford. His ability as a jurist and his eminence as an attorney are recognized throughout the district. His successor, Judge Francis Wilson, is singularly gifted in his profession and has risen by remarkable strides past old practitioners to his present eminence and popularity. His qualifications for the judgeship meet with the warmest recognition from the attorneys who practice before him, and from the Supreme Court, which rejudges his judgments upon appeal. As a pleader and a counselor he outstripped many of his competitors. It is said that the speech which particularly made him famous was the one delivered in prosecuting William Sanders for the murder of the Woodwards. Judge Wilson resides at Bedford.

Soon after the war, about the year l866, Henry Wires was murdered in Northeast Township, under about the following circumstances: The murdered man and Ambrose Parish were young men, and both were paying their attentions to the same girl. They became jealous of each other, and consequently very bitter, until finally Parish attacked Wires with a knife and stabbed him so severely that he soon died from the effects. Parish was indicted for the murder, tried, convicted and sentenced to the penitentiary for life, the trial coming up on a change of venue to New Albany. At the expiration of ten years, Parish was reprieved by the Governor.

In about 1868 William Watkins killed one Foster in Jackson Township, under the following circumstances: Foster had accused Watkins of larceny, and had followed the latter and repeated the charge, even when Watkins had begun to move his family from the township. On the day of the murder Foster pursued Watkins with a blacksnake whip, declaring that he intended to give him a horsewhipping. Watkins entered a blacksmith-shop, and while there was approached by Foster, who was prepared to put his threat into execution. The attack was made, when Watkins caught up an ax and cut Foster down. He then, while Foster was prostrate and helpless, literally chopped him open with the ax. He was arrested and indicted, and the trial came on in 1871. The strong fact against Watkins was his act of chopping Foster in pieces after the attack of the latter was effectually repelled. The jury was so instructed that they returned the following verdict:"We, the jury, find the defendant guilty of murder in the first degree, as charged in the indictment, and we assess his punishment at imprisonment for life in State's prison."The efforts of the defendant's counsel to secure a new trial resulted in failure, and the court sentenced Watkins to the penitentiary for life. Some time after this, for reasons unknown to the writer, Watkins was pardoned by the Governor. The prosecution in this case was conducted by Robert M. Shaw and Francis Wilson. and the defense by A. B. Canton, William Farrell and Arthur J. Simpson.

William P. Otto, who succeeded John H. Thompson as Judge of the Orange Circuit Court, was politically a Whig, and was a resident of New Albany. He possessed the oratorical temperament of sanguinnervous. He was dignified in court and elsewhere, and lacked somewhat in cordial sociability. He possessed a good judicial mind, and gave close attention to the evidence, and usually gave satisfaction to the opposing attorneys by his rulings. He was technical, but perhaps not more so than was demanded from the responsibility of his official position. His brain was of the highest type, and though he rarely practiced here, he was known to be an advocate of marked brilliancy. He was succeeded by George A. Bicknell, a Democrat, and a man of even higher talent than he possessed. Bicknell was also sanguine-nervous in temperament, and a stump orator of great fervency and fire. He exhibited higher social qualities than Judge Otto, and even greater culture and natural qualifications for his judgeship. His knowledge of legal principles was comprehensive and profound, and his mind was trained by years of hard study to the severest logic. His decisions stood well the examninations of the Supreme Court. Bicknell resided at New Albany, was in Congress, it is said, and is now one of the Assistant Supreme Judges. He served as Judge longer than any other man.

In August, 1868, Eliza Bowles instituted proceedings for a divorce from her husband, William A. Bowles, in the Orange County Circuit Court, upon various charges of improper conduct, and to secure such alimony as the jury might award, her counsel being Messrs. Buskirk, McNutt, Montgomery and Grubbs. The case was begun before Judge Bicknell, but as the defendant asked for a change of venue, upon the ground that the court was biased, Judge Delana R. Eckles was specially selected to hear the case. The trial began on the 1st of December, 1868, and continued from day to day until the 7th of the month, when the jury returned the following verdict: "We, the jury, find for the plaintiff, that she is entitled to a divorce, and that she have and recover of the defendant the sum of $25,000 alimony."The suit thus far had been stubbornly fought by counsel, and no sooner was the verdict received than every possible pretext to evade or annul it was resorted to, but without avail. It is unnecessary to recite the facts brought out on the trial, as the heavy alimony indicates the tendency of the evidence in the minds of the jury. The real and personal estate of W.A. Bowles was found by the jury to be worth from $75,000 to $80,000. The court ordered that the payment of the alimony should be by installments, at stated intervals, and should the defendant fail to so make the payments, his estate was to be levied upon and sold to satisfy the judgment for alimony. When all hope for his case was gone in the Orange County Circuit Court, the defendant appealed to the Supreme Court, but was beaten there also. The defendant failed to pay according to the order of the court, and the interest, costs, etc., raised the amount to be taken from his estate to nearly $40,000. Mrs. Bowles soon died, her claims and property became doubtful and scattered, and what finally became of her estate would be difficult to indicate. This was the most noteworthy case of the kind ever in southern Indiana. The attorneys distinguished themselves in their speeches and their management of the case. The attorneys of Mr. Bowles were T. L. Brown, A. B. Carlton, and T. B. and J. W. Buskirk.

On the 18th of June, 1866, a bloody murder occurred in the western part of the county. About 2 o'clock at night one or more persons went to the residence of David Woodward, and when he appeared at the door in answer to their call, he was struck in the face with an ax and instantly killed. The murderer or murderers then entered the house and stabbed the wife and sister of the murdered man, so that they died, and also severely stabbed his mother, from the effects of which she never recovered, though she lived several years. William Sanders was arrested, charged with the crime, and waiving examination was sent to jail until his trial came off at Bedford on a change of venue. His counsel were Judges Mavity and Simpson and Dan Voorhees, while the prosecution was conducted by Francis Wilson and Thomas M. Brown, the Prosecuting Attorney. It was in this case that Judge Wilson delivered the strongest speech of his life up to that time. His speech was a masterpiece, four hours in length, but the jury hung, and the prisoner was discharged on bail. He soon disappeared, forfeiting his bail, though nothing was recovered on the bond. Two or three others were indicted, but not brought to trial. Some time afterward William Cutsinger made a confession, implicating one McKinney with the murder, but upon being brought into court he stated that he had been hired by William Sanders to make such confession, and was to receive $1,300 for so doing. McKinney managed to avert the course of law from himself. Some time after this, or about the same time, Cutsinger disappeared, and has not been seen since, and the opinion prevails that he was silenced or disposed of in some manner. The current belief to the present is that William Sanders is the guilty person, and that he may have had accomplices in this most bloody of all murders ever occurring in the county.

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 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.

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.

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.

STATE OF INDIANA,
ORANGE COUNTY.

}SS.

October Term, 1822, Third Day of Term.

Having this day concluded the examination of the Clerk's office of said county, I report that I found all things in good order.

J. CALL, President Judge First Judical Circuit.

The third case, as follows, went to the Supreme Court in 1831: Jonathan Lindley, County Agent, sold at auction to John Austin three lots in Paoli, and gave him a title bond as follows:

STATE OF INDIANA,
ORANGE COUNTY.

}SS.

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.

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.