The Circuit Court

First Sessions Of The Circuit Court. The first Circuit Court of Perry County was called to meet at the house of James McDaniel, Jr., April 3, 1815; but a majority of the three judges not being present, it was adjourned until the following day, when, a majority still being absent, it was adjourned “until court in course.” July 3, 1815

First Sessions Of The Circuit Court
The first Circuit Court of Perry County was called to meet at the house of James McDaniel, Jr., April 3, 1815; but a majority of the three judges not being present, it was adjourned until the following day, when, a majority still being absent, it was adjourned "until court in course." July 3, 1815, the first court convened at McDaniel's residence (the place designated by law) with Isaac Blackford president judge, and Thomas Morton and James DcDaniel associates, in attendance. Samuel Connor, sheriff, called the first grand jury as follows: Peter Barbre, Daniel Groves, Andrew Collins, Jonathan Esarey, Alexander Murphy, Jacob Davis, Elias Hedden, Jesse Morgan, Ezra Lamb, Jesse Green, Abraham Hiley, William Taylor, Joseph Wright, Thomas Polk, Jacob Weatherholt, Edward Eskins, William Stark, John Shields, James Kellams, Benjamin Lamar, Elijah Lamar and Barnett DeWitt, total twenty-two. This was not the number required by law, but the record shows the names of no others. Davis Floyd was appointed prosecuting attorney for the term. This closed the first day's proceedings. The first case called came up the second day, an appeal from Justice's Court: William Gibson, appellant, vs. Abraham Hiley, appellee. The appellant desired to introduce documentary evidence not used before Justice's Court, but was ruled out. The defendant asked judgment for want of jurisdiction. Argument was had and the case continued. The grand jury returned the following indictments: two for unlawfully selling an estray horse, one rape, one usurpation, one habeas corpus, two divorce, one slander, two bigamy, twenty-five profanity, two assault and battery, one adultery. The first case tried was the State vs. John Cooper, for assault and battery on Daniel Weathers. The defendant plead not guilty, and the first petit jury was called as follows: James Lanman, William Cummings, Richard Dean, Daniel McLaughlin (or McGlothlen as he spelled it), James Fortenbury, Daniel Hazel, Daniel Taylor, Dade Connor, John Farris, William Thomas, John Weatherholt and Joseph Hanks. Floyd prosecuted and John Fletcher defended. The jury returned this verdict: "We the jury do find the defendant not guilty. '* The divorce cases were ordered published, and court adjourned. William Prince, lawyer, was present at this first term of court.
At the November term, 1815, all the judges were present. The rape case was dismissed. The indictment against George Tobin, for usurpation of the duties of a justice of the peace before being commissioned, was quashed. In the bigamy case against a lady, the prosecuting attorney asked that a nolle prosequi might be entered after the defendant had plead not guilty. The court took time to consider, and continued the case. In the adultery case against a male citizen, William Prince, his attorney moved to quash the indictment, which led to argument of counsel and the court took the case under advisement, The indictment against Joseph Wright, for selling an estray horse, was quashed. Jacob Crist and wife brought suit against Terrence Connor and wife for $5,000 damage for trespass on the case for slander, William Prince appearing for the Connors and Davis Floyd for the Crists. A compromise was effected before suit. Three or four new divorce cases appeared on the docket. At the spring term, 1816, there were sixteen indictments, mainly for assault and battery. The case against the lady for bigamy, resulted in a verdict of not guilty. At this term David Raymond appeared as president judge, the associates remaining the same. Several decrees of divorce were granted. In July, 1816, John Fletcher appeared as prosecuting attorney. On motion of William Prince, John H. Tompson and Richard Daniel were admitted to the bar. By this time the cases on the docket became so numerous that only the more important can be noticed. Drunkenness, gambling, assault and battery were well represented. John Ewing, living near Grandview, Spencer Co. (then in Perry County), by Alexander Dunn, his attorney, brought suit against William Lamar, Jr., (defended by Elias Roberts), for $100 damages for shooting and killing a valuable hunting dog, of the English Mastiff breed. The defendant plead justification, alleging that the dog was dangerous and had killed sheep, hogs, and torn cattle in the woods—had done this often, within the knowledge of the plaintiff. Before trial the case was compromised in some manner, the defendant paying the costs. A case of incest appeared on the docket but after several terms of continuance, was dismissed. A case of adultery from near Grandview, was also on the docket at this time. It was also nollied. Several decrees of divorce were granted, usually for unfaithfulness to the mariage vows, and for desertion. In April, 1817, William Prince appeared as presideut judge. A small temporary seal, with the words "Perry Circuit," was adopted. This term was the last court held at the house of James McDaniel, Jr., but thus far all courts had been held there. A small temporary court house was finished in the summer of 1817, in the town of Troy, then the county seat.
In July, 1817, court convened for the first time in the court house, William Prince, presiding, Morton and McDaniel being associates. At this term one of the most important cases in early times Whs tried. The State on the relation of Anna Main vs. Thomas L. Neighbors for trespass on the case for slander. The defendant had slandered the plaintiff in a manner wholly unfit for publication, and the latter brought suit for $5,000 damages, her attorneys being Fletcher and Huntington. The defendant was represented by Richard Daniel and Alexander Dunn, and attempted to justify his outrageous utterances. After an exciting contest the jury returned a verdict for the plaintiff, allowing her the full amount of damages asked, $5,000. After argument a motion for a new trial was overruled. A noticeable feature of the courts at this time was the number of slander and divorce cases. Five or six of each were usually on the docket at each term. In November James R. E. Goodlett was admitted to practice, also David Hart. Richard Daniel was prosecuting attorney, and received $100 for his labor for the year 1818. In March, 1818, David Hart appeared as judge of the court. At the June term John Stephenson succeeded Thomas Morton as associate judge. James Dougherty and William P. Thomasson were admitted to practice at this time. The last court held in Troy was in October, 1818. It adjourned to meet in Washington.
In February, 1819, court convened for the first time at Franklin, Richard Daniel producing his commission as president judge. His associates were McDaniel and Stephenson. The clerk of the court and the sheriff (each) were ordered paid $50 per annum for their services, exofficio. Rome was first called Washington; was known by that name as late as October, 1818; but before February, 1819, it was changed to Franklin. Willis C. Osborn was admitted to practice. Little except cases of assault and battery was on the docket. In May, 1819, Samuel Frisbie, Charles I. Battell, G. W. Johnson and G. W. Lindsey were admitted. A verdict of $45 for slander was obtained by John Main against John T. Dunegan. James McDaniel recovered a judgment of $349 with costs and interest since April, 1815, against Thomas Polk, James Lanman and David D. Grimes, county commissioners. What this suit was about could not be learned. In September, 1819, the name of the seat of justice appeared for the first time on the court records as Rome. Samuel Liggett and Samuel Hall were admitted. James R. E. Goodlett became president judge in February, 1820, and Samuel Hall, prosecuting attorney. David Hart, Daniel S. Bell, William Hall and Thomas Ewing, were admitted. Edmund Jennings succeeded McDaniel as associate judge in September, 1820. John Pitcher, Charles W. Webber and John B. Helm, were admitted. Several certificates of the services of citizens of the county in the Revolutionary war, appear on the court records during these years. Samuel Connor brought suit against James Cassidy for slander. The matter was compromised, the defendant paying costs, and having entered upon the records the following denial or retraction: "WHEREAS, It has been reported that I have said that Gen. Samuel Connor is a murderer and a thief, and that I could prove it; which said report has induced said Connor to bring a suit against me for slander: Now, therefore, for the purpose of removing all aspersions that I am supposed to have thrown on the character of said Connor, I do certify that to the best of my knowledge and belief, I have never charged said Connor with any such crimes, or believed him to be guilty of them."
Judge Goodlett, after inspection, reported that the clerk's office had not been kept as the law specified since the organization of the county. Part of the records were at Rome and part at Troy, and there was no execution record. John Miles was admitted, and Samuel Frisbie succeeded Hall as prosecuting attorney, the latter having resigned. John A. Brackenridge was admitted in 1828, also Henry Stevens and Joseph Alber. For several years no noteworthy cases were tried. Many indictments similar to the following, appear upon the court records during these years, though in this case the parties were found not guilty by a jury.
The Grand Jurors impannelled and sworn to inquire for the State of Indiana, and the body of the County of Perry upon their oaths present, that Charles Bennet late of Tobin township in said County of Perry, and State of Indiana, laborer, Seaton Taylor late of aid township, laborer, John Thompson late of said township, laborer, and Joseph Gibson late of said township, laborer, on the fourth day of July, in the year of our Lord one thousand eight hundred and twenty-six, with force and arms, at the township, County, and State aforesaid did play at a game of cards for whiskey knifes and money, at the tavern of Matthew E. Jackson, who was then and there at said tavern, licensed to sell spirtuous liquors & keep tavern, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State of Indiana.
C. I. Battell, Prosecuting Attorney.
In 1828 the first trial for murder was held. On the 12th of May of that year, William H. Rothwell and William Pitman were in a skiff on the river. They became engaged in a quarrel, during which Rothwell struck Pitman on the back of the head with an iron implement called a "sheep's foot," fracturing his skull, and causing his death in a few days. Rothwell was indicted, arrested and brought to trial at the September term. C. I. Battell prosecuted, and Samuel Frisbie defended. The jury, of which Aaron Cunnimgham was foreman, returned a verdict of guilty; and the defendant's attorney moved for a new trial, on the ground of want of jurisdiction, which was granted. After long discussion, the State's attorney refused to prosecute further, becoming satisfied that he had no jurisdiction in the case, the crime having been committed on the Ohio River, whereupon the court ordered the prisoner delivered to Kentucky authorities. It is said he was tried at Hardinsburg, or on the eve of trial took a change of venue to Hawesville, from which place he succeeded in making his escape, and was not recaptured. At that time it was believed that Kentucky, only, had jurisdiction of crimes committed on the Ohio River on the Indiana border.
The grand jurors empannelled and sworn to inquire for the State of Indiana, and the body of the County of Perry, upon their oath, present, that Daniel Stephens, late of Tobin Township in the County of Perry and State of Indiana, gentleman, on the fourteenth day, of August, in the year of our Lord one thousand eight hundred and twenty-seven, with force and arms, at said township in said County and State aforesaid, did fight a duel with a rifle loaded with gunpowder and ball, with one Stanley Singleton, by then & there shooting and discharging said rifle, loaded as aforesaid, at said Stanley Singleton contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Indiana.
C. I. Battell, Attorney, Protecutor for Fourth Judicial Circuit.
A similar indictment was returned against Stanley Singleton. These men had had a violent quarrel, the nature of which is not now known, and a challenge had been sent by one and accepted. Rifles were selected, and August 14, 1827, the men (said to have been residents of Kentucky, though Stevens had lately lived in Indiana or, as some state, lived at Stephen's Landing in Tobin Township at the time) crossed the Ohio River below Bear Creek in company with their seconds, and possibly a doctor and a few spectators, and exchanged two shots each, Stevens receiving at the second fire a severe wound in the hip, his antagonist escaping without a scratch. The wounded man recovered, but suffered from the effects of the shot during the remainder of his life. The cases remained on the docket for several terms, but were finally nollied the law-breakers managing to escape the officers.
In April, 1834, John G. Cryder, of Clark Township, was indicted for manufacturing and passing counterfeit money, or bogus coin. He was charged with having forged ten twelve-and-a-half-cent pieces, five halfdollar pieces, five quarter-dollar pieces, all in imitation of Spanish silver money, then in circulation in this county, out of a mixture of lead, pewter, tin, zinc, copper and other metals, and also of having passed to Hiram Hobbs a portion of this money in payment of a debt, and of keeping in his possession two dies and two plates for the manufacture of this bogus coin. His case remained on the docket for some time, but he seems te have escaped the vengeance of the law.
In 1825 Moses B. Niles became associate judge; also Samuel Harding in 1829 and Jonathan D. Esarey in 1830. An important case of adultery was on the docket in 1827. Writs of ad quod damnum were issued ta William Ricks, William Robb, Zachariah DeWitt and Solomon Lewis. In March, 1832, George B. Thompson, Lyman Leslie and Eben D. Edson were admitted as attorneys. In September, 1832, Samuel Hall succeeded J. R. E. Goodlett as president judge. In April, 1833, the following entry was spread upon the court records: It appearing to the court that Eli Carr, sheriff of the county of Perry, was so far intoxicated yesterday when court was sitting as to be incapable of discharging the duties of his office, it is ordered by the court that he make his fine to the State of Indiana, for the use of a seminary of learning for the use of the county aforesaid, in the sum of $3, for said contempt as aforesaid." In October, 1833, Thomas G. Mason sued Edmund Jennings for slander, laying his damages at $1,000. They had had a trial of debt before James Bristow, justice of the peace, at the conclusion of which Jennings had publicly declared to Mason, "You have sworn to a d d lie, and I can prove it." Upon this the suit for slander was brought. Samuel Frisbie appeared for Mason. The jury returned a verdict for $300 damages. James Lockhart was admitted to practice.
In October, 1833, James Adams was tried for the murder of a man named Huff. Under what circumstances the crime was committed could not be learned. John Pitcher prosecuted, and Frisbie, and perhaps others, defended. After a two days' trial the jury returned a verdict of manslaughter, and fixed the punishment at confinement in the penitentiary for seven years. A motion for a new trial was overruled. This man did not serve his entire sentence. He seems to have been pardoned by the governor. At the October term, 1839, he was again brought to to trial for murder, E. D. Edson prosecuting and Frisbie defending. He was convicted, and sentenced for twelve years, and is said to have died in prison.
John Pitcher became prosecuting attorney in 1833, and Charles I. Battell president judge in 1835. In October of that jenr James Fleming was convicted of manslaughter, and sentenced for two years. He had killed Joseph Evans with a knife. Thompson defended him. Elisha Embree became president judge in 1836, and Eben D. Edson prosecuting attorney. Harmon G. Barkwell was admitted in 1836, and William Campbell in 1837. Many cases of gaming, selling liquor or merchandise without a license, slander and assault and battery were docketed. Humphrey Marshall was admitted in 1837. In April, 1839, a lady recovered $500 for the support of her child in a bastardy case. The amount was to be paid at stated intervals during eight years. In October, 1839, Polly Erwin was tried for murder, but acquitted. In 1840 John Ingle, Frank Peyton and Ben Smithers were admitted. James Lockhart became prosecuting attorney in 1642. Burrel B. Lea, William B. Wall, Samuel Chalfant, Hadley J. Minor and Samuel Pepper were admitted in 1843. At the May term of this year a hard-fought bigamy case resulted in a five years' sentence. At the same time an atrocious rape case, which ran through several days' trial, terminated in a five years' sentence. James Lockhart prosecuted in both cases. In May, 1844, William Ritchey was put on trial for arson. He was charged with having burned down a store occupied by Thomas Boyd, at Cannelsburg, owned by the American Cannel Coal Company. Lockhart prosecuted, and Samuel Ingle appeared for the defendant. He was convicted, and received a two years' sentence. Ingle appealed the case to the Supreme Court, and succeded in securing a reversal of the judgment on the ground that the value of the store burned had not been alleged in the declaration. Ritchy was then re-indicted, tried and acquitted. A writ of ad quod damnum was issued to Shubal C. Little. A new court seal was adopted in November, 1845. For several years during the early part of the decade of the forties, an indictment for kidnapping appeared in the court records against Benjamin S. and William B. Harrison. They had forcibly taken a free negro named Thomas, living in the county, conveyed him to one of the Southern States and sold him as a slave. The Harrisons could not be found by the officers.
In 1846 two free colored people of the county, Abraham and Abigail, were kidnapped by Nathaniel Dupree and taken South and sold into slavery. The offender could not be found and was never brought to justice.
In May, 1846, James Lockhart succeeded Embree as president judge. Thomas Tobin became associate judge in 1837; Stephen Shoemaker in 1838; Amos L. D. Williams, 1844; James Wheeler, 1845; John Groves, 1846; Daniel Curry; 1851, and Samuel Miller, 1851. The new constitution of 1852 abolished the office. Lemuel Q. De Bruler, George W. Williams and William H. Hanna were admitted to practice in 1846. In November, 1846, a fine of $100 was imposed upon a citizen charged, tried and convicted of adultery. Thomas F. De Bruler and Nathaniel C. Foster were admitted in 1847. In April, 1847, a citizen was fined $200 for adultery; the lady was fined $5. A verdict of $200 in a bastardy case was returned. L. Q. De Bruler became prosecuting attorney in 1847. Andrew L. Robinson was admitted to practice in 1848. In this year Elizabeth Barbre was tried with intent to kill. She was charged with having administered to Nancy McGuffey, a quantity of corrosive sublimate in a half pint of whisky. The poison did not produce death, or rather death was prevented by the prompt use of remedies. L. Q. De Bruler prosecuted. She was sent to prison for two years. David T. Laird and James E. Blythe were admitted to practice in 1848. Charles H. Mason was admitted in 1849, and Thomas O. Stonements in 1850. In April, 1851, Willis Alexander was sentenced to State's prison for five years for burglary. B. B. Lea was prosecuting attorney in 1848. Alvin P. Hovey became president judge in October, 1851, John W. Grimes and W. A. Wandell were admitted to practice in 1851. James Bundle was sent to prison two years for grand larceny. A. L. Robinson prosecuted and Thompson defended. In November, 1852, Niles Noyes was sentenced two years for grand larceny, and John Carnegie the same sentence for perjdry. Ballard Smith was admitted to practice in November, 1853. At this time there docketed eight petitions for divorce. In 1853 the office of associate judge, which had been in vogue since the organization of the county, was abolished. In May 1854, William E. Niblack became judge of the court. May 24, 1854, Samuel Frisbie died and on the 25th the following was spread upon the records: "Mr. Pitcher now here announces to this court that Samuel Frisbie, late an attorney of this court, departed this life at his residence in Rome on the 24th instant, whereupon as a testimony of respect for the deceased, court adjourn until 3 o'clock P. M." William C. Moreau was admitted in 1854. James H. Murray was sentenced two years for grand larceny.
But little can be learned concerning the professional character of the early attorneys. John Fletcher is said to have been the first resident attorney of Troy and of the county. He was a lawyer of more than average skill, education and talent. He met and held his own with the best lawyers of that day, and resided in the county several years, enjoying a good practice, if it can be called good. Samuel Frisbie was probably the first attorney to reside at Rome. He was also a lawyer of more than average ability. He had the principles of common law practice thoroughly at heart, was quick and deep of comprehension, adroit in the management of a case, pains-taking and could make a strong appeal to court or jury. He enjoyed a good practice and the esteem of all until his death in the fifties.
October, 11, 1854, Benjamin Rosecranz killed James B. Jagers. The two men were under the influence of liquor, possibly drunk, and had fought in this condition several times. In the last fight Jagers threw Rosecranz and was beating him terribly with a fire shovel, when the latter wrenched it from his hand and struck him violently over the head, fracturing his skull, from the effects of which he soon died. Roseeranz was indicted and brought to trial in November, 1854, A. L. Robinson persecuting and John Pitcher and W. C. Moreau defending. The full talent of the attorneys was displayed in their argument to the jury. Robinson delivered a superb speech, fiery, eloquent, ornate, penetrating and beautiful; but the closing speech of John Pitcher was a masterpiece. His wonderful appeal for the life of his client was worthy of Randolph or Webster. It availed nothing, however, as the jury returned the following verdict: "We, the jury find the defendant guilty of murder in the second degree, and that he be imprisoned in the State's prison during life." During the trial a Mr. Horne testified that he had heard Rosecranz declare "if Jagers ever crosses my path or insults me, I will kill him." At the conclusion of the trial the defense stated that they had been surprised at the last moment by this evidence and had no time to prepare a rebuttal which they felt sure of producing, and they so made affidavit. They therefore moved for a new trial, which the court refused to grant. An appeal was accordingly taken to the Supreme Court, and a reversal was obtained, the higher court holding that it was error in not granting a new trial for the admission of such important rebuttal evidence. The case was remanded and again tried in May, 1856. A verdict of manslaughter and a five years sentence was the result.
Burrell B. Lea was a keen, shrewd lawyer, full of magnetism and personality, and was fluent before a jury, but was not well-read in the law, though he became a fairly successful practionor. Clients with little or no law or equity for them, went to him and were often repaid by far greater success than they had expected. He lived at Rome. W. A. Wandell obtained his first prominence as a lawyer in the defense of the Kelleys in Kentucky. He was probably an abler man than Lea, though the distinction is slight. He was cunning, adroit, and would take any case, at the bottom of which was a good fee. He secured a good practice. W. C. Moreau lived for a short time in the county. He was able, crafty, unscrupulous, and in the end, after leaving the county, turned out badly. John James Key was a lawyer of average ability, and was fairly successful. He was energetic and skillful, high-tempered, but affable and pleasant. He was the judge of the Common Pleas court. Henry P. Brazee, Jr., is a fair lawyer, with much energy and force of character. George P. Deweese was a young man of much promise. He was brilliant and possessed remarkable coolness and self-control in emergencies. His talent was of a high order. He distinguished himself during the war, and died comparatively young. William Van Winkle did not distinguish himself in the practice. Joshua B. Huckaby, yet living, was a fine, fluent speaker, and wielded much power over a jury. His knowledge of the law was somewhat limited, but his energy and skill gave him fair practice. He is now old and retired. G. T. B. Carr possessed a good knowledge of the law, bad fair ability and practice, but did not remain here long. W. R. Myers was an average lawyer. C. C. Worrell gave great promise, was a brilliant orator, but became unfortunate, and is now almost or quite out of the practice.
Jacob B. Maynard was admitted to practice in November, 1854, and W. P. D. Bush a year later. Nathaniel Usher appeared as prosecuting attorney. John James Key was admitted in 1856, also Henry P. Brazee. Harmon G. Barkwell served as prosecuting attorney in 1855. He sent two men to the penitentiary for two years each for grand larceny. In 18— several men named Prather and others were indicted for horsestealing. They belonged to an organized band that plied the unlawful business in this and surrounding counties and in Kentucky. The old man Prather, though crippled and unable to walk, was one of the leaders. Horses on the route had to pass under his inspection, and it is said they were led into his cabin to be examined before being sent where they were likely to bring the best prices, and where pursuit would be evaded. In these cases the eloquent young James Shanklin prosecuted, and L. Q. De Bruler and John Pitcher, defended. The arguments made by these attorneys are yet remembered with admiration and surprise. Shanklin was a young man, but was very brilliant, while De Bruler and Pitcher were not surpassed by any lawyers in the southern part of the State. Several of the criminals were sent to the penitentiary.
In November, 1857, Ballard Smith succeeded Niblack as circuit judge. A three days' murder tried at this term resulted in an acquittal. George P. Deweese was admitted in 1858. In May, 1859, M. F. Burke succeeded Ballard Smith as judge. John S. Deweese, William Van Winkle, D. W. Lafollette and L. S. Gilkey were admitted May, 1859. William F. Parrett became judge in 1860. James Shanklin was prosecuting attorney. Henry Wales, Andrew P. Batson, John Huckaby were admitted. An important rape case was tried in 1860-61. Two trials were held, and on each the jury hung. The accused was then discharged. George W .Patterson and L. W. Brown were admitted in 1861, and George Huckaby, Charles E. Marsh and J. B. Stallo, in August, 1863. Gabriel Schmuck was often employed as interpreter. Blythe Hynes became prosecutor in 1862. Many cases of retailing without a license appeared on the docket. Elisha E. Drumb was admitted May 19, 1862. Lewis C. Stinson became prosecutor in 1864. G. T. B. Carr, Thomas J. de la Hunt and Joseph M. Snow were admitted in 1864, and Charles L. Wedding, James W. Wartman and D. L. Armstrong, 1865; S. B. Hatfield, William Henning and Jacob Billings, 1866. E. R. Hatfield had been admitted before. A lady was tried for murder in 1867, W. P. Hargrave prosecuting, and C. H. Mason and E. R. Hatfield, defending. She was acquitted after an interesting trial. David T. Laird became judge in 1868. Eli Brown, R. Y. Bush, Peter Ludwig, David Murray and W. H. Peckinpaugh were admitted in 1889. A murder trial in August, 1869, resulted in an acquittal. An important bastardy case after two trials, resulted in a verdict for the plaintiff. C. A: De Bruler was prosecuting attorney in 1871. He prosecuted Catharine Batchelor on the charge of poisoning her husband. The case was tried here on a change of venue from Spencer County, where the crime was alleged to have been committed. The case was fought with great stubborness and brilliance. L. Q. De Bruler, C. A. De Bruler and E. E. Daumb prosecuted, and Charles Denby, Hatfield & Peckinpaugh and G. E. Bullock, defended. The testimony was strong against the accused, but the defense set up the strong point of mistake which the jury did not overlook, and accordingly acquitted the accused. C. A. De Bruler opened the argument with a speech of great power, and was followed by E. R. Hatfield, with one of equal strength. The closing speeches were delivered by Charles Denby and Lemuel Q. De Bruler. Both were extremely artful, logical, forcible and eloquent. The flashes of pathos, wit, piercing sarcasm, impassioned philosophy, swept everything before them like a Chicago fire.
Sidney B. Hatfield was of average size, was dark-complexioned and of the bilious-nervous temperament. He was well posted in the law, and was much above the average as a practitioner. He was a better counselor than a pleader, a better judge than a speaker. He had a good practice. His brother, E. R. Hatfield, was a larger man, was dark, magnetic, an eloquent orator, a fine jury lawyer, was deep in the law, ready and adroit in running argument, quick and searching in comprehension, abrupt and brilliant when cornered, full of tact, and was one of the most successful criminal lawyers of this district. Ballard Smith possessed high moral qualities. He was tall and dark, pleasant and magnetic, and as a citizen enjoyed the highest esteem. In his practice he discountenanced a client pressing an unjust claim. His knowledge of the law, and of general literature as well, was comprehensive, luminous and profound. He was a fair jury lawyer. His greatest usefulness was as a counselor. Charles H. Mason, now living at Rockport, possesses a fine law and literary education, and is brilliant as a writer of miscellany. He has connected himself with other labor than the law. As a practitioner, he ranks high. He is a strong speaker, is witty, eloquent and high-minded, and is deep in legal lore. He possesses the oratorical temperament.
In February, 1872, a verdict of $200 was rendered in a bastardy case. J. B. Moore was admitted in 1873. In May, 1874, a verdict of $100 was returned in a slander suit. In November, 1874, James White, colored, was convicted of assault with intent to kill, and sentenced for two years. An atrocious rape case, in May, 1875, led to a two years' sentence. E. R. Hatfield defended. Strong arguments were made in this case. In November, 1875, John D. Parker was convicted of larceny and burglary, and sentenced for seven years. He was sick at the time of the trial and afterward, and the doctors had given him up for an early death. One morning he was missed, having, during the night, doubtless through the assistance of outside help, managed to escape, leaving the guard locked up in his place. From that day to this he has not been seen. He probably soon died, and was quietly buried by his friends. E. R. Hatfield became prosecuting attorney in 1875. W. R. Myers, W. E. Hemdricks and William A. Land were admitted in 1876. John B. Handy became judge in 1876, and G. L. Reinhard prosecuting attorney. R. W. Mier and Theodore Courcier were admitted in 1876. In May, 1877, an injured husband recovered a judgment of $2,500 against the violator of his domestic peace. In March, 1878, Harrison Whylde was found guilty of manslaughter, and sentenced for three years. His attorney was C. H. Mason. D. R. McKim, B. W. Scott, Martin C. Frank and Albert Dexter were admitted in 1878, and I. W. Falkenborough, H. M. Logsdon and I. S. Brammel in 1879. Wash Dickinson, colored, for grand larceny, was sent up for five years, and Charles Washington for two years in 1878-79. Bastardy cases were tried in 1878-79. G. B. Hatfield prosecuted, in 1880, George Hammers, Edward Millen, R. B. Stinson, Stephen Welsh. In May, 1881, Anton Schmuck was tried for the murder of one of the Stil wells. A quarrel had occurred between several parties on each side between Tell City and Cannelton, during which one of the Stil wells was shot. His death occurred soon afterward. Schmuck and Frank H. Long were indicted for the murder. A trial resulted in a "hung" jury; a second trial gave the same result. It was then taken to Rockport on change of venue, and again tried, resulting in another "hung" jury. Schmuck was then discharged. The Stilwells lived in Kentucky and had become tired of the case. The indictment against Long was "nollied." C. H. Mason, C. A. DeBruler and E. R. Hatfield appeared for Schmuck, and S. B. Hatfield and William Henning for the State. Strong arguments were made by these attorneys. H. M. Huff was admitted in 1881. Samuel C. Davidson was convicted and sentenced six years for grand larceny in 1882. George L. Reinhard became circuit judge in 1883. Eli Pullen was sent two years to prison in 1883 for grand larceny.
There is nothing of special note to be said of either the old Probate or the Common Pleas Court. All probate matter prior to about 1829 came within the jurisdiction of the Circuit Court. In 1829 a special Probate Court was created, Samuel Frisbie being the first judge. He was succeeded by James Reily in November, 1830, and the latter in 1836, by Safford Hascall. There was no other change until 1850, when Hart Humphrey took Hascall's place and served until the court was abolished in 1852. The Common Pleas Court came into existence under the new constitution of 1852 and continued in operation until 1873, and was then abolished. Lemuel Q. De Bruler was the first Common Pleas judge holding the first court in January, 1853. His successors have been as follows: John James Key (elected) January, 1861; Charles H. Mason (appointed) January, 1862; David T. Laird (elected) January, 1863; Charles H. Mason (appointed) October, 1870; Milton S. Mavity (elected) January, 1871, serving until the office was abolished in 1873.
For several years past the frequency of the crime of murder in Perry County has given it a reputation or notoriety known throughout the State. The Hendershot crime, where a young man murdered his own mother in a most brutal and shocking way, seemed to rouse the citizens to the determination that such barbarous deeds must cease. This is only one of the many cases, the atrocity of which need not be perpetuated. Many of the worst are yet envelope.! in mystery, refuting the old adage that "murder will out."

 

 

History, Genealogy,Early Settlers and Historical Points of Perry County, Indiana