INDIANA TRAILS
MADISON COUNTY

HISTORICAL AND DESCRIPTIVE


    Madison County was first settled in 1820, or during the year preceding. In 1820, the county contained, probably, one hundred settlers, who were located, for the most part, near falls of Fall creek. Among this number may be mentioned names of Elias Hollingsworth, Samuel Holliday, Thomas William McCartney, Thomas Scott, Israel Cocks, and Saul Shaul, Adam Dobson, Parmer Patrick, and William and Thomas Silver followed soon after. “From this infant settlement,” says Mr. Harding, “we have grown to a population of 25,000”

    The  county, as a rule, might be called level; there are, however, on White River and Fall Creek, hills of considerable size. There is comparatively little waste land in the county.
The prairie, between Pendelton and Anderson, for many years considered as waste land, is gradually being subdued, and will soon become the garden spot of the county, instead of being home of miasma and noxious weeds.  Improvements in this land, by a system of ditching, are rapidly going forward. The county is well watered by numerous creeks, which have served a valuable day for mill owners, and which drain the soil admirably.

    Madison county was organized in 1823. At that time the county seat was located at Pendleton, where it remained until 1836, when it was permanently located at Anderson. The population of the county in 1830 was 2,238; in 1840, it was 8,874; in 1850, it was 12,375; in 1860, it was 16,518; in 1870, it was 22,770; and, in 1875, is estimated in round numbers at 25,000, with a voting population of 5,272. The number of acres of improved land in 1870 was 133,190. The number of acres of woodland was 87,521. A survey of the county at this time would show an extension of the former, not a little flattering to the husbandman. The cash value of farms in 1870 was $9,399,441; the value of farm implements and machinery, $242,571; value of orchard products, $70,262. The compilers of this work have ascertained that the increase in these items during the last five years has been over sixty per cent. per annum.

    There is nothing remarkable in the early history of the county, except the Indian murders of 1824, of which we have the following account in Mr. 0.H Smith's

 EARLY REMINISCENCES OF INDIANA

    At the time of the Indian murders on Fall Creek, the country was new and the population scattered here and there in the woods. The game was plenty, and the Indian hunting grounds had not been forsaken by several of the tribes. The white settlers felt some alarm at the news of an Indian encampment, in the neighborhood, and although they were all friendly, a watchful eye was kept on all their movements. The county of Madison had been organized but a short time before. Pendleton, with a few houses at the falls, was the seat of the new county. "Anderson, on White River was a small village. Chesterfield and Huntsfield were not then heard of. There were only a few houses between Indianapolis and the falls, and still fewer in other directions from the capital. Early in the spring of 1824, a hunting party of Seneca Indians, consisting of two men, three squaws, and four children, encamped on the east side of Fall Creek, about eight miles above the falls. The country around their camping ground was a dense, unbroken forest, filled with game. The principal Indian was called Lud­low, and was said to be named for Stephen Ludlow, of Lawrenceburg. The other man I call Mingo. The Indians commenced their seasons hunting and trapping the men with their guns, and the squaws setting the traps, preparing and cooking the game, and caring for the children, two boys, some ten years old, and two girls of more tender years. A week had rolled around, and the success of the Indians had been very fair, with better prospects ahead, as the spring was opening, and raccoons were beginning to leave their holes in the trees in search for frogs that had begun to leave their muddy beds at the bottom of the creeks. The trapping season was just only commencing. Ludlow and his band, wholly unsuspicious of harm, and unconscious of any approaching enemies, were seated around their camp fire, when there approached through the woods five white men, Harper, Sawyer, Hudson, Bridge Sr. and Bridge Jr. Harper was the leader, and stepping up to Ludlow, took him by the hand and told his party had lost their horses, and wanted Ludlow and Mingo to help find them. The Indians agreed to go in search of the horses. Ludlow took one path and Mingo another. Harper followed Ludlow Hudson trailed Mingo, keeping some fifty yards behind. They traveled some short distance from the camp, when Harper shot Ludlow through the body. He fell dead on his face. Hudson, on hearing the crack of the rifle of Harper, immediately shot Mingo, the ball entering just below his shoulders, and passing clear through his body. Mingo fell dead. The party then met and proceeded to within gunshot of the camp. Sawyer shot one of the squaws through the head. She fell and died without a struggle. Bridge, Sr., shot another squaw, and Bridge, Jr., the other squaw. Both fell dead. Sawyer then fired at the oldest boy, but only wounded him. The other children were shot by some of the party. Harper then led on to the camp.

    The three squaws, one boy, and the two little girls lay dead, but the oldest boy was still living. Sawyer took him by the legs, and knocked his brains out against the end of a log. The camp was then robbed of everything worth carrying away. Harper, the ring leader, left immediately for
Ohio, and was never taken. Hudson, Sawyer, Bridge, Sr., and Bridge, Jr., were arrested, and when I first saw them they were confined in a square log jail, fitting tight above, below, and on the sides. I entered with the sheriff. The prisoners were all heavily ironed and sitting on the straw on the floor. Hudson was a man of about middle size, with a bad look, dark eye and bushy hair, about thirty five years of age in appearance. Sawyer was about the same age, rather heavier than Hudson, but there was nothing in his appearance that could have marked him in a crowd, as any other than a common farmer. Bridge, Sr., was much older than Sawyer; his head was quite gray, he was above the common height, slender, and a little bent while standing. Bridge, Jr., was some eighteen years of age, a tall stripling. Bridge, Sr., was the father of Bridge, Jr., and the brother-in-law of Sawyer.

    The news of these Indian murders flew upon the wings of the wind. The settlers became greatly alarmed, fearing the retaliatory vengeance of the tribes, and especially of the other bands of the Senecas. The facts reached Mr. John Johnston, at the Indian agency at
Piqua. Ohio. An account of the murders was sent from the agency to the war department at Washington City. Colonel Johnston and William Conner visited all the Indian tribes, and assured them that the government would punish the offenders, and obtaining the promises of the chiefs and warriors that they would wait and see what their “ Great Father” would do before they took the matter into their own hands. This quieted the fears of the settlers, and preparation was commenced for the trials. A new log building was erected at ‘the north part of Pendleton, with two rooms, one for the Court and the other for the grand jury. The court room was about twenty by thirty feet, with a heavy “puncheon” floor, a platform at one end, three feet high, with a strong railing in front, a bench for the judges, a plain table for the clerk, in front a long bench for the counsel, a little pen for the prisoners, a side bench for the witnesses, and a long 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 posed of Wm. W. Wick, presiding judge; Samuel Holiday and Adam Winchell, associates. Judge Wick was young on the bench, but with much experience in criminal trials. Judge Holiday was one of and most conscientious men I ever knew. Judge Winchell blacksmith, and had ironed the prisoners; he was an honest, rough; iterate man, without any pretensions to legal knowledge. Moses Cox the clerk; he could barely write his name, and when a can justice of the peace at Connersville, he boasted of his superior qualifications: “I have been sued on every section of the statute, and know the law, while my competitor has never been sued, and knows nothing about the statute.” Samuel Cory, the sheriff; was a fine specimen of a woods’ Hoosier, tall and strong boned, with hearty laugh, with man or beast, with a voice that made the woods ring as he called and ‘witnesses. The county was thus prepared for the trials. In time the government was not sleeping. Colonel Johnston, the Indian agent, was directed to attend the trials to see that the witnesses were present and to pay their fees. Gen. James Noble, then a United States Senator, was employed the secretary of war to prosecute, with power to fee an assistant. Philip Sweetzer, a young son-in-law of the general , of high promise in his profession, was selected by the general as his Calvin Fletcher was the regular prosecuting attorney, then a young man of more than ordinary ability, and a good criminal lawyer. The only Inn at Pendleton was a new frame house near the creek, still standing by the side of the railroad bridge.

    The term of the court was about being held. The Sunday term commenced the lawyers began to arrive, and, as the custom was in those days, they were invited out to dine on the Sabbath by the most wealthy citizens, as a favor and compliment, not to the lawyers, but to their hosts. We had a statute in those days imposing a fine of one dollar on each person who should “profanely curse, swear, or damn,” and making it the duty of all judges and magistrates to see that the law was enforced upon offenders in their presence. Judge Holiday invited Calvin Fletcher, the circuit prosecuting attorney, and his
Indianapolis friend, Daniel B. Wick the brother of the judge to dine with him. The invitation was accepted, of course, there being no previous engagement in the way. Dinner was announced; Judge Holliday asked a “blessing” at the table Mr. Fletcher declining. The judge had killed a fat goose for the extraordinary 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, fixed his eye upon the goose, and said, by way of compliment,  “That is a damned fine goose, judge.” “Yes, it is a fine goose, and you are fined one dollar for swearing.” Not a word more was spoken at the table. Dinner over, Judge Holiday said, “Squire Wick, pay me the dollar.” I have not a cent with me, judge.” “Perhaps Mr. Fletcher will lend it to you Mr. Fletcher: “I really have only enough ‘with me to pay my tavern bill.” Judge Holliday: “What is to be done!” Fletcher: “Lend him the money, judge, and take his note, or bind him over to court.” “Ill bind him over; you'll go his security?” “The rules of the court forbid lawyers from going security for any one, but you can go it yourself; just draw the recognizance that ‘Daniel B. Wick and Samuel Holiday appeared Samuel Holliday, associate judge of the Madison circuit acknowledged themselves to be indebted to the State in the twenty five dollars each for the appearance of Daniel B. Wick term of the court to answer.’” The reasonable proposition of Mr. Fletcher was at once accepted by all parties. The recognizance was taken in due form, and forfeited at the next term, by the absence of Mr. Wick. Judgment was rendered against Judge Holliday for twenty five dollars. A petition to the governor was drawn up, and signed by the whole bar; a remittance soon followed.
The trial of Hudson commenced the next day after the Sabbath dinner at Judge Hollidays, and will now be sketched.

    The day for the trial of Hudson, one of the prisoners, arrived. A. distinguished lawyers were in attendance from this State, and in the State of
Ohio. Among the most prominent I name General James Noble, Philips Sweetzer; Harvey Cregg, Lot Bloomfield, James Rariden, Charles H. Test, Calvin Fletcher, Daniel B. Wick, and William R. Morris, of this State; General Sampson Mason, and Moses Ohio. Judge Wick being temporarily absent in the morning, William R. Morris arose and moved the associate judges ” I ask that these gentlemen be admitted as attorneys and counselors at this bar; they are regular practitioners, but have not brought their license with them.” Judge Winchell “Have they come here to defend the prisoners? “The most of them have.” “Let them be sworn; nobody but a lawyer would defend a murderer.

    Mr. Morris “I move the court, for a ‘writ of habeas corpus, to bring up the prisoners now illegally confined in jail.” Judge Winchell ”For what?” “A writ of habeas corpus.” “What do you want to do with it?’ To bring up the prisoners and have them discharged.” “Is there any law for that?”  Morris read the statute regulating the writ of habeas “That act, Mr. Morris, has been repealed long ago.” “Your honor is mistaken; it is a constitutional ‘writ, as old as Magna Charta, itself.”  “Well, Mr. Morris, to cut the matter short, it would do you no good to bring out the prisoners. I ironed them myself, and you will never get them irons off until they have been tried, habeas corpus or no habeas corpus.” Percuria “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 prisoner into court.” The  ”Sheriff, put in the box a jury.” Sheriff “May it please the court, Dr. Highday just handed me a list of jurors to call on the jury.” Judge Wick “Bring Dr. Highday into court” “Did your honor wish to see me?” “Dr. Highday, is this your handwriting?” “I presume it is.” “Dr. Highday, we have no jail to put you in, the one we have is full; hear your sentence: it is the judgment of the court that you be banished from these court grounds till the trials are over. Sheriff, see the judgment of the court carried strictly into execution.”

    I digress to give the scene in court, published by General Sampson Mason, in a
Springfield, Ohio Paper “As I entered the court room, the judge was sitting on a block, paring his toe nails, when the sheriff entered, out of breath, and informed the court that he had six jurors tied, and his deputies were running down the others.” General Mason his candor, unquestionably drew upon his imagination in this instance.

    Hudson, the prisoner, was brought into court by the deputy sheriff and two of the guard. His appearance had greatly changed since I first saw him in the log pen with his comrades in crime. He was now pale, haggard, and downcast; and with a faltering voice, answered upon his arraignment, “Not guilty.” The petit jury were hardy, honest pioneers, wearing moccasins and side knives. The evidence occupied but a single day, and was positive, closing every door of hope to the prisoner. The prosecuting attorney read the statute creating and affixing the punishment to the homicide, and plainly stated the substance of the evidence. He was followed for the prisoner, in able, eloquent, and powerful speeches, appealing to the prejudice of the jury against the Indians; relating in glowing colors the early massacres of white men, women and children, by the Indians; reading the principal incidents in the history of  Daniel Boone and Simon Kenton; relating their cruelties at the battle of Blue Licks and Bryant’s station, and not forgetting the defeat of Braddock, St. Clair, and Harmar. General James Noble closed the argument for the State in one of his forcible speeches, holding up to the jury the bloody clothes of the Indians, and appealing to the justice, patriotism, and the love of the laws of the jury, not forgetting that the safety of the settlers might depend upon the conviction of 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 distinctly impressing upon the jury that law knew no distinction as to nation or color; that the murder of an Indian was equally as criminal in law as the murder of a white man. The jury retired, and next morning brought into court a verdict of “guilty of murder in the first degree,” motion for a new trial overruled. The prisoner was brought into court, and sentence of death pronounced in the most solemn manner, by Judge Wick. The time for the execution was fixed, as is usual, for a distant day. In the meantime
Hudson made his escape from the guard one dark night, and hid himself in a hollow log in the woods, where he was found and arrested. 

    Time rolled on, the fatal day for execution arrived, multitudes of people were there. Among them were seen several Senecas, relatives of the murdered Indians. The gallows was erected just above the falls, on the north side. The people covered the surrounding hills, and at the appointed hour,
Hudson, by the forfeiture of his life, made the last earthly atonement for his crimes.

    Such was the result of the first case on record in
America where a white man was hung for killing an Indian. The other cases were continued until the next term of the court, and will be the subject of a distinct sketch.

  TRIAL OF SAWYER

    Monday morning came. Court met. Judge Eggleston, in fine health, on the bench in the center; Adam Winchell on his left, and Samuel Holliday on his right, Moses Cox at the clerk's desk, Samuel Cory on the Sheriff's platform, and Colonel John Berry, captain of the guard, leaning against the logs. The grand jury were called, sworn and charged, and court adjourned for dinner. In the afternoon, the evidence of the main witness was heard. I had prepared the indictments in my office and had them with me. The foreman signed the bills on his knee, and they were all returned into court before the adjournment. That night, Colonel John the Indian agent, called at my room and offered me one one hundred dollars on behalf of the United States. I informed him that I was a State officer and could not accept the money, however tempting it might be under other circumstances.

    The court met in the morning. We agreed to try Sawyer first for shooting one of the squaws. The prisoner was brought into court by the sheriff. He appeared so haggard and changed by his long confinement, that I knew him. The court room was crowded. General James Noble, Philips Sweetzer and myself for the State; James Rariden, Lot Bloomfield, William B. Morris and Charles H. Test, for the prisoner. Judge Eggleston “Sheriff call the petit jury.” Judge Winchell—” Sheriff call Squire Makepeace on the jury, he will be a good juror; he will not let one of these murderers get away.”  Judge Eggleston, turning to Judge “This will never do”. What! the court pack a jury to try a capital case?  The jury was soon impaneled. The evidence was conclusive that the prisoner had shot one of the squaws at the camp with his rifle after the killing of
Ludlow and Mingo by Harper and Hudson in the woods. The jury were a hardy, heavy bearded set of men, with side knives in their belts, and not a pair of shoes among the whole of them; all wore moccasins.

    Mr. Sweetzer opened for the State with a strong matter-of-fact speech; that was his forte. He was followed in able speeches by Mr. Morris, Mr. Mr. Rariden., for the prisoner. General Noble closed for the prosecution, with a powerful speech. The general was one of the strongest and most effective speakers before a jury, or a promiscuous assembly I have ever heard. The case went to the jury under an able charge from Judge Eggleston, and court adjourned for dinner.   

    At the meeting of the court in the afternoon, the jury returned a verdict of “guilty of manslaughter,” two years hard labor in the penitentiary. Mr. Rariden sprang to his feet, “If the court please, we let judgment go on the verdict, and are ready for the case of Sawyer, for killing the Indian boy at the camp.” “Ready for the State.” The same jury was accepted by both sides being in the box. They were immediately sworn. The evidence was heard again conclusive against the prisoner. General Noble opened for the prosecution, and was followed by Charles H. Test, William B. Morris and James Rariden, with powerful speeches. The jury was referred to their verdict in. the previous case, and their judgment warmly eulogized. This was, by arrangement, my case to close. I saw my position, and that the only point I had to meet, was to draw the distinction between the two cases, so as to justify the jury in finding a verdict for manslaughter in the one case, and of murder in the ease before them. In law there was no difference whatever. They were both cold blooded murders. The calico shirt of the murdered boy, stained with blood, lay upon the table. I was closing a speech of an hour. Stepping forward, I took up the bloody shirt, and holding it up to the jury: “Yes, gentlemen of the jury, the cases are very different. You might find the prisoner guilty of only manslaughter, in using his rifle on a grown squaw; that was the act of a man, but this was the act of a demon. Look at this shirt, gentlemen, with the bloody stains upon it; this was a poor, helpless boy, who was taken by the heels by this fiend in human shape, and his brains knocked out against a log! If the other case was manslaughter, is not this murder?” The eyes of the jury ‘were filled with tears. Judge Eg­gleston gave a clear and able charge upon the law. The jury, after an absence of only a few minutes, returned a verdict of “murder in the first degree.” The prisoner was remanded, and court adjourned.


   TRIAL OF BRIDGE—SCENES AT THE EXECUTION.

    The next morning the case of Bridge, SR., for shooting a little Indian girl at the camp, was called. The prisoner entered with the sheriff He was more firm in his step and looked better than Sawyer, though a much older man. A. jury was impaneled. The proof was positive. The case was argued by Mr. Morris and Mr. Rariden for the prisoner, and Sweetzer and myself for the State. The charge was given by Judge Eggleston, and after a few minutes absence the jury returned a verdict of “murder in the first degree.” The only remaining case of the strippling, Bridge, Jr., for the other Indian boy at the camp  came on next. The trial was more brief, but the result was the same verdict of murder in the first degree, with a recommendation, however, to the governor for a pardon, in consequence of his youth, in which the court and bar joined. The trials closed. Pro forma motions for new trials were overruled, the prisoners remanded, to be brought up for sentence next morning, and the court adjourned.

    Morning came and with it a crowded court house. As I walked from the tavern I saw the guards approaching with Sawyer, Bridge, Sr., and, Bridge Jr., with downcast eyes and tottering steps, in their midst. The prisoners entered the court room and ‘were seated. The sheriff commanded silence. The prisoners rose, the tears streaming down their faces, and their groans and sighs filling the courtroom. I fixed my eyes upon Judge Eggleston. I had heard him pronounce sentence of death on Fuller, for murder of
Warren, and upon Fields, for the murder of Murphy. But here was a still more solemn scene. An aged father, his favorite son and wife's brother all standing before him to receive sentence of death. The face of the judge was pale, his lips quivered, his tongue faltered, as addressed the prisoners. The sentence of death by hanging was pronounced, but the usual conclusion, “And may God have mercy on your souls,” was left struggling for utterance.

    The time for the execution was fixed at a distant day; but it soon rolled, around. The gallows was erected on the north bank of Fall Creek, just above the falls, at the foot of the rising grounds you may see front the cars. The hour for the execution had come. Thousands surrounded the logs. A Seneca chief, with his warriors, was posted near the brow of hill. Sawyer and Bridge, Sr.., ascended the scaffold together, were executed in quick succession, and died without a struggle. The vast audience was in tears. The exclamation of the Senecas was interpreted “We are satisfied.” An hour expired. The bodies were taken down and laid in their coffins, when there was seen ascending the scaffold Bridge, the last of the convicts. His step was feeble, requiring the aid of ‘the Sheriff. The rope was adjusted. He threw his eyes around upon the audience and then down upon the coffins, where lay exposed the bodies of father and uncle. From that moment his wild gaze too clearly showed it the scene had been too much for his youthful mind. Reason had partially left her throne and be stood wildly looking at the crowd, apparently unconscious of his position. The last minute had come, when
James Brown Bay, the Governor of the State, announced to the immense assemblage that the convict was pardoned. Never before did an audience more heartily respond, while there was a universal regret that the executive mercy had been deferred to the last moment Thus ended the only trials where convictions of murder were ever had, followed by the execution of white men, for killing Indians, in the United State

    
Anderson, the county seat of Madison County, is located on the south bank of White River. It is named in. remembrance a Delaware chief of that name, and is the site of an old Indian village. This Indian village or what remained of it, as consumed by fire, by order of General Harrison, in 1813. Not far distant were the small villages of Bucktown, Nanticoke and Greentown. Among the first settlers of Anderson, were William Allen, John Berry, Alford Makepeace, Samuel Carry, N. Berry, and William Curtis. A few years later, this little community was increased by Joseph Howard, G. T. Hoover, Dr. Wyman, R. N. Williams, J. M. Zeke, C. B. Henderson, and Andrew Jackson. About the year 1828-30, they were joined by W. G. Atherton, W. B. Allen, Oren Toddhunter, John Davis, William Beard, and Dr. T. Ryan. But we have no space to follow the growth of Anderson. Step by step, in all its measures of growth, it has become one of the most enterprising cities in the State, and has a population of nearly five thousand. It is thrifty in business, enterprising in manufactures, and prominent in education. Anderson does, however, need one thing indeed, the whole county needs it a better court house. Probably this will be erected soon. The schools and school buildings, both in the city and county, are in a fair condition.

    The following are among the leading business and professional men of Anderson at the  present time: (Col. N. Berry, Col. M. S. Robinson, Ex-Judge Lake, Ex-Judge West, William Crim, John E. Corwin, J. M. Dickson, T. Ryan, W. R Pearse, J. W. McAllister, Hon. James Sansbery, N. C. McCollough, banker; II.
N. McComber, dentist; James H. McConnell.
The principal banks are, the Exchange Bank (W. Crim, president, and Jos. Fulton, cashier); the Citizens’ Bank (N.C. McCollough, cashier); and the Madison County Bank (J. E. Corwin, president, cashier.) These banks are all in a sound condition, and are enjoying the well-merited confidence of the public.

    Among the leading commercial houses in Anderson, there may be mentioned: John P. Barns, hardware; J. M. Warner, clothing merchant; L T. Elliott, boots and shoes; Klein & Sharp, groceries; J. H. Crider, hatter; B. II. Patterson, grocer; Bell Bros., dry goods; D. C. East & Bro., dry goods; W. W. Williams, dry goods; Bosworth & Bro., doors, sash, blinds, etc.; Lee M. Trees, dry goods.

    The court house, such as it is, is located in the public square, around which the principal business houses of the city have been located. Many of the buildings are of a modern style of architecture, and, in every particular,
Anderson presents a thrifty appearance.

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