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TO THE READER. ,(*ART of the sketches contained in this book, were originally pub- list-.ed in the Indianapolis Daily Journal, edited by Berry R. Sulgrove, Esq., and were extensively re-pnblished by other papers in most of the States these have been revised and corrected by the author. Many of the sketches, all the letters, and part of the poems, have never been published before.…
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EARLY INDIANA TRIALS; AND SKETCHES. EEMINISCENCES BY HON. 0. H. SMITH. [Friday Moii.MNG, .July 3, 1857. The writer proposes to consume a leisure hour by calling upon his recollections of the early trials of important cases in Indiana, which may be interesting, at least to some of our pioneer settlers who are yet living witnesses of the truth of his reminiscences. He proposes to…
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b EARLY INDIANA TRIALS. over-rule the presiding judge, and give the opinion of the court, and sometimes they even out-guessed the president, giving the most pre- posterous reasons imaginable for their decisions, as, in one instance, that a writ of scire facias to revive a judgment, would not lie, unless it was sued out within a year and a day. The decision of the…
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EAELY INDIANA. 7 the clerk, and the crowd was kept back by a long pole fastened with withes at the ends. The crowds at that day thought the hold- ing of a court a great aifair. The people came hundreds of miles to see the judges, and hear the lawyers plead, as they called it. On one occasion there came on to be tried…
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8 EARLY INDIANA TRIALS. [Saturday Morning, July 4, 1857. TRIAL OF FULLER. At the March term, 1820, of the Dearborn Circuit Court, Judge Eggleston took his seat on the bench, as the successor of the Hon. John Watts. The judge was a young Virginia lawyer, a cousin of the Hon. Wm. S. Archer, of the U. S. Senate. He was a fine scholar and…
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TRIAL OF o bRIAN. 9 itive and conclusive, still the arguments of counsel occupied several days. Every appeal that it was possible to make to tlie jury by the able counsel for the prisoner, was fully met by the closing speech of Mr. Lane for the State. The jury, after a short absence, returned a verdict of guilty of murder in the first degree.…
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10 EAELY INDIANA TRIALS. the house, as the saying goes. The case was submitted to the court without a jury. Jemmy was sworn and was the only witness. He went on to identify the watch gave the number and maker s name, and then with tears in his eyes, It is the same watch me ould mother gave me when I left Ireland, peace…
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BEEF CASE. 11 [Tuesday Morning, July 7, 1857. BEEF CASE. In the spring of 1820 I left Versailles, and settled in Connersville. in the beautiful Whitewater valley. John Conner, the proprietor, lived there at that time, and as he had been many years in his youth among the Indians, at their homes, Connersville was daily filled with his first forest friends. The only hotel…
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12 EAELY INDIANA TRIALS. ROOT DOCTORS. One morning I was introduced by my landlord to a small, black- eyed man, wearing a plain coat and speaking tlie plain language of thee and tliou, as Dr. Burr, from New Philadelpbia, Ohio, who was about to settle in Connersville, as a root doctor. Some days after, there was nailed up to the weather-boarding of the hotel,…
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EOOT DOCTOKS. 13 no Calomel, flung to the public eye upon Ms new-painted sign liung upon the limb of a tree. A few weeks after, I met him in the street. Well, Doctor, how goes the practice Only tolerable I lost nine fine patients last week, one of them an old lady that I wanted to cure very bad, but she died in spite…
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14 EAELY INDIANA TRIALS. was not yet. The obstinate counsel for the blacksmith refused to sub- mit to the opinion of the court, and took an appeal to the circuit court. Costs accumulated, continuances were had for the absence of witnesses a number of lawyers were employed on both sides. The case was argued at great length by able counsel, and was ultimately submitted…
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DR. beadburn s trial. 15 [Thursday Mornixg, July 9, 1857. DR. BRADBURN S TRIAL. Among the first of the great tragic trials in this State, was that of Dr. John Bradburn, of Fayette county, on an indictment for murder. I was at the time County Prosecutor for the State. The ftiets of the case were briefly these Dr. Bradburn was an eminent surgeon, a…
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16 EAELY INDIANA TEIALS. Doctor struck at him witli his knife, and just grazed his side. It was very evident that but for the groan of Caldwell, not one of the assailants would have left the house alive. Such was the awful tragedy at the house. The young men killed were of the very first families of the county indeed of the State. The…
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DK. beadburn s trial. 17 delicate, but I had an iron constitution. There were no bridges over the streams, but we rode good swimming horses, and never faltered on account of high water, but plunged in and always found the opposite shore somehow. During the two years that I served as prose- cutor, there was not a single court held or a grand-jury impanneled…
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18 f. ARLY INDIANA TEIALS. her father, and was the principal witness against him on the trial. The case created great excitement throughout the whole country. The coroner s inquest charged Young with the murder of Points. The Squire was arrested and confined in the jail of Rush county. The grand-jury found a bill of indictment for murder in the first degree. The clergy…
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SLANDER CASE. 19 [Friday Morning, July 10, 1857. SLANDER CASE. As I was on my return liome from Indianapolis, accompanied by my friend, the late George H. Dunn, we stopped at a little slianty tavern in the woods between Big Blue River and Bushville, to stay for the night. The landlord I call Perry Laden. We had a good open log- fire, a tolerable…
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20 EARLY INDIANA TRIALS. says James Rariden for defendant. Hand the plea to me, Mr. Clerk, says I. The clerk handed over the plea. A single glance satisfied me that there was trouble ahead. The plea was a justifica- tion of the words, and charging the stealing of two hogs on my client, the property of some one unknown. I told my client the…
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TKIAL OF MONROE. 21 tiary, and you admitted that to be the law so we could not think of sending a man well-off, and with a good tavern-stand, to the peniten- tiary, for stealing two little hogs, and poor at that. Judgment was rendered for one cent in damages, and over $300 costs. All my imaginary income from the verdict vanished, and the next…
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22 EARLY INDIANA TRIALS. shall cro home and tell his old mother that Mr. Gaston could have done no more for him than you have done. His utterance was choked, and with the squeeze of the hand we parted. The jury returned a verdict of manslaughter, sixteen years in the penitentiary, so strong was the evidence against him. As the verdict was pronoun- ced,…
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TRIAL OF A REVOLUTIONARY SOLDIER, ETC. 23 [Saturday Morning, July 11, 1857. TRIAL OF A REVOLUTIONARY SOLDIER. Samuel Fields, a Revolutionary soldier, was indicted in the Franklin Circuit Court for murder, for killing Robert Murphy. I prosecuted the case, William E.. Morris and John T. M Kinney appeared for the prisoner. The facts were briefly as follows The deceased, a constable, in the attempt…
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24 EARLY INDIANA TRIALS. divided, and separated into classes, holding no intercourse with each other. The declaration charged that in consequence of the slander the neighbors had refused to have any intercourse whatever with the wife of the plaintiff. Damages ^5,000. The case was called. Col. Wallace, Gen. Noble, and Gen. McKinney for the plaintiff; William R. Morris and myself for the defendant. Pleas…
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KEEPING ORDER IN COURT, ETC. 25 The case was argued at great length and with unusual ability, especially on the side of the defendant, but we were unable to get over the evidence that this was a pacing goose. Verdict, one dollar damages. The most remarkable fact in the case was that it did not occur to one of the counsel for the defendant…
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26 EARLY INDIANA TRIALS. facts of the case. Messrs. Test and Rariden, the counsel on the opposite side, saw that the case was with me unless they could impeach her testtmony. She was a stranger, and none knew her character, good or bad. She had testified, however, that she was in the State of Ohio at a particular time. This was taken down by…
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A SMALL VICTORY DEARLY PURCHASED. 27 [Monday Morning, July 13, 1857. A SMALL VICTORY DEARLY PURCHASED. Soon after I commenced my circuit duties, in 1824, I arrived at Lawrenceburgh, and stopped at the hotel of John Gray. The Circuit Court was to be held next day. After supper a well dressed, good- looking man called upon me to give me a little appeal case…
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28 EARLY IXDIAXA TRIALS. with a powerful speech, but the evidence head prejudiced the jury against his client, and I had nothing to do but to sum up and read the statute punishing the offense. The court charged the jury returned a verdict of guilty two years in the penitentiary. Ackerman was called to hear judgment, but failed to answer. The recognizance forfeited, a…
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A BREACH OF PROMISE CASE. 29 untying tlie horse. Betty immediately fostened tlie door outside, driving the pin into the hole to its full length, and left the General to his reflections while she attended to her household aflairs. Time passed away; night came on; but no relief to the captured General. Morning came, and with it came Betty. Well, General, how did you…
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30 EAELY INDIANA TEIALS. ous to mention, all preparatory for the wedding, was filed. It was a pure breaeh-of-promise case, without the common aggravation. Plea non assumpsit; James Perry and James Rariden for plaintiff, and myself alone for the defendant. My client whispered there she comes. I turned my eyes and sure enough there she was, a most beautiful girl, large, rather fleshy, raven…
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A lawyer s maneuver. 31 [Tuesday Morning, July 14, 1857. A LAWYER S MANEUVER. At the first term I attended at Vevay, I was employed by Jolin H. O Neal to defend him in an action of assault and battery by Thomas Mount. My client was a stout young man, and Mount an old man of quite inferior strength, I was satisfied from the…
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32 EARLY INDIANA TRIALS. replication of aggravation the proof oifered should have been admitted, and under the circumstances, although somewhat irregular, although the fault was with the Court, we will hear the evidence now. The proof of the assault in Dearborn, on my client by the plaintiff, was positive and the jury, under the charge of the Court, returned a ver- dict for the…
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A FAMILY DIFFICULTY HOW IT WAS SETTLED. 33 they will do. We now come to the great question of the case is the defendant an able-bodied man? Yes, Mr. Brown, that is the question. You plead well on that, but it was nothing but the plea of a lawyer you admitted that the man that stood before us was your client, and the Court…
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34 EARLY INDIANA TRIALS. children equitably divided, and Sally moved to the house, and part of the farm assigned her. The Captain kept the homestead, soon after married a young woman in Rush county, and brought her home but the end was not yet. The Captain was soon laid low, as all believed, upon a bed of death his young wife refused to nurse…
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VARIETY. 35 [Friday Morning, July 17, 1857. VARIETY. Lest the variety of these sketches should invite criticism, let it be remembered that one of the greatest mysteries presented to our minds is the unlimited variety stamped upon all created things. Ask the astronomer if he can jjoint to two stars in the firmament of the same magnitude and brilliancy. Ask the mineralogist if he…
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36 EAELY IXDIAXA TRIALS. tions that will take years to understand, and cost suitors millions to pay the expenses of re-educating the lawyers. There never was very great difficulty, on the part of a well-trained, legal mind, in deciding what the law is abstractly. The great difficulty is in the application of the law to the particular case. The same remark applies with equal…
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LORD MANSFIELD SARGEA.NT TADDY. 37 LORD MANSFIELD. While the profession should spend their lives in the study, it is to be regretted that too many of our young lawyers leave off before they have fairly begun. Some years ago I was kindly invited by the Senior class about to graduate, to deliver the address at the commence- ment of the State University at Bloomingtou.…
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38 EARLY IXDIAXA TRIALS. mind in this examination, that it is easier to ask a question than to answer it. The examination commenced and lasted hours. It was thorough, and the class being able to receive their diplomas, presented their lordships with a glass of wine, as was the custom of the day. The Chief Justice. Mr. Taddy, we have not forgotten your request…
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A MAL-PKACTICE CASE A LEARNED WITNESS. 39 [Saturday Morning, July 18, 1857. A MAL-PRACTICE CASE A LEARNED WITNESS. At a term of the Rusli Circuit Court, came on for trial an important case against Dr. Sexton for mal-practice, in failing to cure a case of whitlow on the plaintiffs finger. The doctor was one of the first sur- geons in the State. I was…
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40 EARLY INDIANA TRIALS. the hand, when Dr. Sexton first called I understand so. Do you think you could have straightened the fingers and given elasticity to the joints in that state Certainly. What would you have applied to the case A poultice of slippery-elm bark. Doctor, what character of whitlow was this Was it seated under the cuticle near the root or side…
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A QUEER CLIENT, ETC. 41 A QUEER CLIENT. Judge Morris. The case of Israel Cox vs. James Greer. Ready, says Mr. Charles H. Test, for the plaintiff. Ready, said I, for the defendant. This was an action of slander brought by Cox against Greer for charging plaintiff with stealing defendant s hogs. Plea, not guilty of speaking the words. Greer was an old, peaked-nosed,…
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42 EAELY INDIANA TRIALS. prisoner had assured Mr. Brown that there was not the least shadow of evidence against him. Brown had taken, or rather been promised, a fee contingent upon his acquittal, and took his seat by the side of the prisoner with apparent confidence. The jury was soon impanneled, and the owner of the horse testified that the animal was taken out…
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EARLY PEACTICE SPECIAL PLEADING, ETC. 43 [Monday Morning, July 20, 1857. EARLY PRACTICE-SPECIAL PLEADING. Quite early in the liistory of the courts in the Third Circuit, the science of special pleading, as taught by the first edition of Chitty, and Saunder s Reports, was made the daily study of the bar. Daniel J. Caswell and his partner, William C. Drew, were at the head…
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44 EAELY INDIA?^A TRIALS. Weller. I demand judgment. I ask oyer of the note. Judge Eggleston. The oyer must be furnished. Mr. Weller. I forgot to bring the note with me I must continue the cause. I consent without an affidavit, and cause continued. Case called at next term. Mr. Weller. I have the note, and demand judgment. I file ten special pleas and…
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THE END OF THE MILITIA SYSTEM. 45 coat, covered with gold lace and large gilt-eagle buttons a coat that Napoleon himself might have worn while commanding at Austerlitz a chapeau, in imitation of the one worn by Gen. Jackson at the battle of the Horse Shoe, surmounted by a towering red plume, with a white tip epaulets that might have graced the shoulders of…
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46 EARLY INDIANA TRIALS. the line, You ll get snake bit, you ll get snake bit. The Major turned and dashed up the line, but soon had sense enough to see that it was the militia system that was at an end, that it was not Major Lewis that was the main object of ridicule. He dashed his chapeau from his head, drew his…
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A CASE OF ARSON KENTUCKY PRACTICE. 47 [Tuesday Mornino, July 21, 1857. CASE OF ARSON-KENTUCKY PRACTICE. Before taking up the Fall Creek trials for the murder of the Seneca Indians, I will continue the recollections of some lighter cases. I have sketched an incident upon special pleading with a distinguished member of the Ohio bar, and have stated that the Indiana bar, in that…
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-18 EARLY INDIANA TRIALS. A CASE OF MISUNDERSTANDING. For the more immediate consideration of the profession, and to take their legal opinion, a sketch of two cases that arose before the associate judges upon the defense of tender, may not be out of place. They were cross actions, and came before the court at the same time, and were submitted together. I call the…
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A CASE OF MISNOMEE, ETC. 49 had a more difficult ease to decide. The ease will be taken under advisement to consult the lawyers and judges of the other courts. Entry curia advisare vult. A CASE OF MISNOMER. MoFriTT t S. Flowers, said the associate judge, are the parties ready Ready, says Mr. Henry C. Hammond for the plaintiff. Ready, says Flowers in person.…
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50 EARLY INDIANA TRIALS. fee, twenty dollars, and he left. I immediately filed the bill and had the notice published in the paper for the next term. The old woman by mere accident, also, saw the advertisement and thereby found out for the first time where the man had stopped after he had left her, and came directly over to the residence of the…
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THE INDIAN MURDERS. 51 [Wednesday Morning, July 22, 1857. THE INDIAN MURDERS IN 1824. At the time of the Indian murders on Fall Creek, the counti y was new and the poj^ulation scattered here and there in the woods. The game was plenty, and the Indian hunting-grounds had not been for- saken by several of the tribes. The white settlers felt some alarm at…
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52 EAELY INDIANA TEIALS. and passing clear through his body. Miugo fell dead. The party then met, and proceeded to within gun-shot of the camp, Sawyer shot one of the squaws through the head. She fell and died without a struggle. Bridge, sen., shot another squaw, and Bridge, jr., the other squaw. Both fell dead. Sawyer then fired at the oldest boy but only…
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AN ANECDOTE. 53 ers, a side bencli for the witnesses, and along pole in front, substantially supported, to separate the crowd from the court and bar. A guard by day and night was placed around the jail. The court was com- posed of Wm. W. Wick, presiding judge, Samuel Holliday and Adam Winchell, associates. Judge Wick was young on the bench, but with much…
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54 EAELY INDIANA TEIALS. there being no previous engagement in the way. Dinner was an- nounced Judge Holliday asked a blessing at the table Mr. Fletcher declining. The judge had killed a fat goose for the extra- ordinary occasion, which was nicely stuffed with well-seasoned bread and onions, and placed in the center of the table. Mr. Wick, who was not a church -member,…
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TBIAL OF HUDSON. OO [Thuksdat Morning, July 23, 1857 TRIAL OF HUDSON. A WORD of explanation before my sketch to-day commences. It has already been asked whether I have quit the practice of law, supposing that my whole time was occupied with these reminiscences. While I was a student of law, my habit was to lay down heavy reading the moment my mind was…
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56 EAKLY india:n^a teials. Per curia. motion overruled. Judge Wick entered and took his seat between the two side judges. Call the grand-jury. All answer to their names, and are sworn. Court adjourned for dinner. Court met; the grand-jury brought into court an indictment for murder drawn by Mr. Fletcher against Hudson. Counsel on both sides. Bring the jjrisoner into court. The Court. SheriiFput…
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A NEW MODE OF PROCUKING A SIGNATURE. 57 the prisoners, as the chiefs and warriors expected justice to be done. The speech of the general had a marked effect upon the crowd, as well as the jury. Judge Wick charged the jury at some length, laying down the law of homicide in its different degrees, and dis- tinctly impressing upon the jury that the…
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58 EAELY INDIANA TRIALS. Wick. Have twelve of tlie jury agreed to find the bill Yes, eighteen of them. Foreman, do you refuse to sign the bill. I do. Well, Mr. prosecutor, I see no other way, but to leave him to his conscience and his God the grand-jury will return to their room. In the grand-jury room, the foreman said, I told you…
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A EEGULATOR CASE. 59 [Friday Morning, July 24, 1857. A REGULATOR CASE, ENDING BADLY FOR EVERY BODY. Early in the summer of 1819, when the jurisdiction of the Fayette Circuit Court extended over the whole White river country, some seventy-five miles west, including what are now the counties of Rush, Shelby, Johnson, Morgan, Marion and Hamilton, Christopher Ladd and William Eagan, while paddling their…
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60 EARLY INDIANA TRIALS. of witnesses in the court. The facts were clearly proved. I recollect distinctly the arguments of the counsel. It was an early case in my professional life, and my school of practice has always been in closely observing trials, too much neglected by law students. The case was opened in a brief speech by Mr. Drew for plaintiff, Mr. Wick…
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JEMMY JOHNSOX. 61 and when some miles below, seated on tlie top of a load of hay, fell asleep and rolled off upon the ground. He was taken up for dead, conveyed to a neighboring cabin, and Dr. Byles sent for to attend him. The suit in question was brought by Dr. Byles for his medical bill against Jemmy. The account ran To surgical…
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62 EARLY INDIANA TRIALS. TROVER FOR STEALING A LOG CHAIN. In the Jennings Circuit Court, the case of the State against George Washington Wren was called the associate judges on the bench. William A. Bullock for the State, and William Carpenter, of Madi- son, an Irish barrister, for the defendant indictment for larceny for stealing a log chain. Mr. Carpenter. May it please the…
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A HERO CHARGED WITH HOG STEALI^^G. 63 [Saturday Morning, July 25, 1857. A HERO CHARGED WITH HOG STEALING. The American army had reached Fort Meigs, under the command of Gen. Harrison. Major Whistler was in charge of Fort Wayne. The woods, on the Maumee, St. Joseph s and St. Mary s, were filled with hostile Miami Indians. Fort Wayne was besieged on all sides,…
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64 EAELY INDIANA TRIALS. and a volunteer messenger was called for by Major Whistler to carry it to Gen. Harrison. No one offered. Niglit was approach- ing, when Col. Suttonfield stepped forward and offered to carry the dispatch to Meigs if he was furnished with a fleet horse with untir- ing bottom. He was directed to select for himself, and at once made choice…
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DODGING A FEE, ETC. 65 to one, acquitted almost unanimously. Squire Hood. It is con- sidered that Col. Suttonfield stands unanimously acquitted, except by the prosecutor, who the Court considers was governed by malice prepense and aforethought. DODGING A FEE. At a term of the Circuit Court of the United States. I wa.s requested by Daniel J. Caswell to be employed for Nicholas Long-…
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66 EARLY INDIANA fRIALS. ture. Notting was then further from my thoughts than to enter the field of politics my ambition was to make myself a good lawyer. I was elected, however, and the nest winter found me at Corydon a representative of Fayette. It so happened that it was the greenest Legislature ever convened in the State. The raw material was not so…
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A DIVINELY commissioned THIEF-CATCHER. 67 [Wednesday Mokxino, July 29, 1857. A DIVINELY COMMISSIONED THIEF CATCHER One night in tlie spring of 1823, Jolin Williams had his horse stolen from his stable iu Connersville. The woods for miles around were scoured by the citizens, and the horse was found in a thicket fjxsteued to a tree. A watch was set, and William Boice was taken…
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68 EARLY INDIAXA TRIALS. Boice was belaboring Abrams all tbe time. Abrams placed Boice upon his borse, tied bis feet togetber and immediately started with him for tbe penitentiary, and actually delivered him up to the keeper, and received his reward. Boice was a powerful man, weighing not less than two hundred pounds and as courageous as a lion. Soon after this occurrence, Abrams…
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COKONER CONNERY OUTDONE. 69 There remained but a week before the election. Crume became alarmed. It was evidently to be a close contest. The next week the Battalion Muster, at Squire Conner s, four miles below Connersville, on Whitewater, was to come off. This was looked to by the candi- dates with much intei est, as the closing of the campaign before the election.…
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70 EARLY INDIANA TEIALS. coasideied when a man commits suicide by killing his neighbor. First, did he come to his death by incidence. Second, did he come to his death by accidence. Third, did he come to his death by the hands of the incenduary. Look at the body, gentlemen, and return your verdict. The jury counseled nearly five minutes. Inquest. We the jury…
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A CONCLUSIVE SPEECH ON THE CANAL BILL. 71 his speeches were brief as a telegraph dispatch. The Colonel added to his fine person a loud, clear voice. Raising himself almost on tip-toe, at the very highest pitch, his eyes fell upon the Chair Mr. Speaker, our population on the Wabash am great, but our resources for salt am slim. Salt they can not emigrate…
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72 EARLY INDIANA TRIALS. [Wedxesdat Morning, August 5, 1857. A POLITICAL JURY. The Fayette Circuit Court was held soon after the great contest for President had terminated in favor of Gen. Jackson against Henry Clay. There was perhaps never a more excited election in the coun- try. Gabriel Ginn was the Jackson candidate for Sheriff, and Robert D. Helm the Clay candidate. A few…
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AN infant in court, etc. 73 my client will not take a cent of yovir verdict; I oiily ask you to give his counsel fees, one liundred dollars. I occupied about fifteen min- utes. The jury retired, and before Court adjourned returned a verdict for the plaintiff of one hundred dollars damages. Judgment accord- ingly. AN INFANT IN COURT. The Case of the widow…
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74 EAELY INDIANA TEIALS. Early in the morning, before the case was called, there was seen on the witness-bench, the wife of the prisoner in deep mourning, her infant in her arms, and her little boy by her side, her mother, his mother, and two of his sisters, all in mourning the prisoner sitting in the box nest them. The case was called, when…
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BAD COXSEQUENCES OF CHANGING SHIETS. 75 town. Whiteomb was a perfect gentleman in his person and dress. He must shave every morning and j^ut on a clean shirt but as it was difficult to get washing done on the circuit, he put several clean shirts in his portmanteau and carried a night-shirt to sleep in, always chan- ging as he went to bed. Mr.…
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76 EARLY INDIANA TRIALS. [Saturday Morxing, August 8, 1857. AN EARLY LEGISLATURE IN INDIANA. In August 1822, I was elected to tlie Legislature from Fayette, and late in November mounted my pony and started for Corydon, the tem- porary seat of government. My way led by Madison, then a small village. Late in the evening of the third day from home, I rode up…
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AN ELECTIONEERING OrEEATION. 77 \ssembly may, within two years after their first meeting, and shall in the year eighteen hundred and twenty-five, and every other subsequent term of five years, cause an enumeration to be made, of all the white male inhabitants above the age of twenty-one years the number of Representatives shall at the several periods of making such enumeration be fixed by…
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78 EARLY INDIAXA TRIALS. A GREAT HYPOCRITE. My youngest brotlier, afterward Judge Septimus Smitli, was a stu- dent in my office at Connersville. On my return from Corydon, I learned that his beautiful strawberry-roan horse had been stolen from the stable in my absence. He advertised the animal in a number of papers and traveled through the country in search of him, but got…
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ANECDOTE OF GOV. WHITCOMB. 79 voice of Donovan was heard in the drinking-saloou, cursing and swear- ing, and, as the bail entered, he reeled against the side of the door and fell drunk upon the floor. He was brought back by his bail, and delivered up to the Sheriff and put in jail. Court came on. He was indicted, tried, convicted, and sent to…
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80 EARLY INDIANA TRIALS. [Wednesday Morning, August 12, 1857. ELECTIONEERING. I HAVE sketched the most important trials that were had during my two years as circuit prosecuting attorney, which ended with the spring term of 1826, when I hecame a candidate for Congress and resigned. Amos Lane was appointed my successor. The most of the sketches that will be given are of after occurrences.…
Image 87 of Early Indiana trials and sketches. Reminiscences
PERILS OF A CONGRESSIONAL CAMPAIGN. 81 On one occasion in after years I was speaking at a battalion mus- ter in Ripley county, and liad spoken over two hours. I noticed an old man leaning against a tree in front of me. As I closed he roared out, Mr. Smith you have made one of the best speeches I ever heard, I agree with…
Image 88 of Early Indiana trials and sketches. Reminiscences
82 EAELY INDIANA TRIALS. the Indian jumped down, peeled some bark from a liickory sapling, and spancelled the fore legs of the ponies. I sat down on the bank. The Indian was out of sight in a moment, in the woods, and I saw nothing of him for an hour, when he returned with the bark of a hickory tree, about twelve feet long…
Image 89 of Early Indiana trials and sketches. Reminiscences
A CHALLENGE. 83 A day or two afterward Spencer called on me to defend liim against an indictment in the Fayette Circuit Court, for challenging a man to fight a duel by our laws at that time it was a penitentiary offense. I remarked, Just as I told you. The trial came on at next term of the court, and Spencer was acquitted upon…
Image 90 of Early Indiana trials and sketches. Reminiscences
84 EARLY INDIANA TRIALS. [Thursday Morning, August 13. 1857. STATE ORGANIZATION AND DIVISION OF PARTIES. As I have already found that these Reminiscences can not be con- fined to trials alone, and give to them the interest desirable, I have concluded to take a wider range, and sketch other interesting incidents, that the reader may look for as they appear. I came to Indiana…
Image 91 of Early Indiana trials and sketches. Reminiscences
FIRST ELECTION OF OFFICERS, ETC. 8o FIRST ELECTION OF OFFICERS. The Constitution was ratified, the election held, and the Legislature met. Jonathan Jennings, was elected Governor William Hendricks to Congress, General Noble and Waller Taylor to the Senate of the United States Jesse L. Holman, John Johnson and James Scott, Supreme Judges. Judge Johnson lived but a short time, and Isaac Blackford, of Vincennes,…
Image 92 of Early Indiana trials and sketches. Reminiscences
86 EARLY INDIANA TRIALS. head of his division. He served two full terms in the Senate, died a Senator, comparatively a young man, and lies entombed in the Con- gressional Cemetery at Washington. GOV. JENNINGS. Governor Jennings, I also knew well. His great forte, like that of Martin Van Buren, was in managing the wires that controlled popular elections. Still, he was by no…
Image 93 of Early Indiana trials and sketches. Reminiscences
AMOS LANE, GOV. NOBLE, ETC. 87 never beaten before tbe people for Governor, at one time beating Judge Blackford, at another Dr. Israel T. Canby and Harbin H. Moore. He was a zealous lawyer, but entered the political field before his forensic powers were fully developed. The Governor died comparatively a young man. AMOS LANE. Amos Lane was extensively known, both as a lawyer…
Image 94 of Early Indiana trials and sketches. Reminiscences
EARLY INDIANA TRIALS. [Friday Morning, August 14, 1857. A NEWMODE OF EFFECTING A RECONCILIATION. The middle of November, 1827, liad come. I returned from Indianapolis Saturday night, and the next Monday evening met General James Noble at Blair s Hotel in Hamilton, Ohio, on our way to Congress. We rode good walking horses, and at the end of the seventeenth day dismounted at the…
Image 95 of Early Indiana trials and sketches. Reminiscences
THE TWENTIETH CONGKESS. 89 Clerk s desk, to be qualified nor yet the appearance of Judge Story as te administered the oath to support the Constitution of the United States. The reader will see by the few names my space will allow me to give, that the House of Representatives of the Twentieth Con- gress has never been surpassed, if equalled by any other…
Image 96 of Early Indiana trials and sketches. Reminiscences
90 EAELY IXDIAI^A TRIALS. THE TARIFF DISCUSSION. The Tariff of 1828 was, tliat session, tlie prominent measure. It was debated long and ably. Two main ideas occupied the ablest speakers, whether there was constitutional power to enact a protec- tive tariff, and whether duties should be imposed upon the ad valorem or the specific principle. There were others equally important, as incidental, whether high…
Image 97 of Early Indiana trials and sketches. Reminiscences
m duffie and bates. 91 and that all laws are cruel and oppressive that strike at the innocent habits of the people? To illustrate, what would the gentleman think of me if I should offer an amendment that neither himself nor his constituents shall hereafter have more than a pint of whisky for breakfast instead of a quart? Does he not know that the…
Image 98 of Early Indiana trials and sketches. Reminiscences
92 EARLY INDIANA TEIALS. S. Archer wto was sitting near us, who stepped across the hall as he approached Mr. McDuffie pointed him to Mr. Hamilton as his friend. The matter was afterward arranged by Mr. McDuffie disavowing any intention of insulting Mr. Bates, having merely resorted to that means to get the bill out of committee. There were several other interesting incidents during…
Image 99 of Early Indiana trials and sketches. Reminiscences
REV. HENEY WARD BEECHER. 93 [Satdrday Morning, August 15, 1857. REV. HENRY WARD BEECHER. The organ liad been placed in the Second Presbyterian Church at Indianapolis. Sabbath evening had come. The church was brilliantly lighted up. The last bell was tolling when I entered the Church. The Rev. Henry Ward Beecher was in the pulpit, Charles Beecher seated at the organ, and A. Gr.…
Image 100 of Early Indiana trials and sketches. Reminiscences
94 EARLY INDIANA TRIALS. King of glory! reign forever Thine an everlasting crown Nothing from thy love shall sever Those whom thou hast made thine own. Happy objects of thy grace Destined to behold thy face. Saviour hasten thine appearing; Bring oh bring thy glorious day, When the awful summons hearing, Heaven and earth shall pass away. Then, with golden harps we ll sing…
Citations are generated automatically from bibliographic data as
a convenience, and may not be complete or accurate.
Chicago citation style:
Smith, Oliver H. Early Indiana trials and sketches. Reminiscences. Cincinnati, Moore, Wilstach, Keys & co., printers, 1858. Pdf. https://www.loc.gov/item/17003661/.
APA citation style:
Smith, O. H. (1858) Early Indiana trials and sketches. Reminiscences. Cincinnati, Moore, Wilstach, Keys & co., printers. [Pdf] Retrieved from the Library of Congress, https://www.loc.gov/item/17003661/.
MLA citation style:
Smith, Oliver H. Early Indiana trials and sketches. Reminiscences. Cincinnati, Moore, Wilstach, Keys & co., printers, 1858. Pdf. Retrieved from the Library of Congress, <www.loc.gov/item/17003661/>.
