Baber's Early History of Greene County Indiana Chapter IV

At the March term, 1824; of the Circuit Court, W. W. WICK was President; MARTIN WINES, Associate Judge; THOMAS WARNICK, clerk; JOHN LEMON; Sheriff, and SMITH ELKINS, Prosecuting Attorney.

This was the first term for Mr. WINES. He will be remembered by many of this day for his generous hospitality. If you were a stranger in his neighborhood, he would take you in; and hundreds of acquaintances can testify as to he taking them in to partake of his hospitality. His widow, who was also the widow of [end of page 9] CORNELIUS P. VAN SLYKE, is still living and, alothough she is past eighty years of age, she sees to read without glasses, and trips along the streets like a girl.

A few days ago, the following conversation was overheard:

Question. – Whose girl is that?

Answer. – Mr. EDWARDS’.

Q. – Which one?

A. – Anna

Q. – Why! I didn’t know the Judge EDWARDS has a girl by the name.

A. – He hasn’t. She is his sister, and older than the Judge.

Grandma WINES came to this county in 1819, and can tell more about our early history than any person we know.

There was very little business at the March term. There were six indictments returned by the grand jury, of one which was for challenging a man to fight a duel. At this term, Richard HUFFMAN, for many years known by the familiar name of "Uncle DICKEY HUFMAN" – a man long know by many who are now living, as a quiet, orderly, peaceable and good citizen – was fined thirty-seven and one-half cents for fighting.

At the fall term, court was held by the same judges, and JAMES GOODWIN, EDGAR C. WILSON, CALVIN P. FLETCHER and JOHN LAW afterwards became eminent in his profession, and served several terms in Congress.

At this term, the first indictment for murder in the county was found, and two men were arrested to answer the charge. They demanded separate trials, and one was tried and acquitted. The case was continued as to the other to May, 1824. The prisoners were sent to Bloomington for safe-keeping, and, after the trial of the first one, the other was sent to Spencer for safe-keeping.

They were taken to Bloomington by ISAAC ANDERSON, GEORGE LINDLEY, DAVID LINDLEY, EPHRAIM OWEN, WILLIAM BLAND and THOMAS BLAND. The guard to Spencer was composed of JOHN LEMONS, ISAAC ANDERSON, JAMES STALCUP, HILTON WAGGONER, HALLET B. DEAN, BENJAMIN OWEN and AUGUSTUS PASSMORE (the "general purpose" man.)

The second trial appears to have created great excitement. The Prosecuting Attorney, with the assistance of ADDISON SMITH and ISAAC NAILER, prosecuted the case. We are not certain who conducted the defense, but it was probably C. P. HESTER and JOHN LAW. The original jury was challenged entirely, after which forty-eight others were brought in, making in all eighty-five. From there they selected a jury, composed of MOSES RITTER, JOHN BURCH, GEORGE BURCH, SIMON SNYDER, JOHN ULLAM, JOEL BENHAM, DANIEL INGERSOLL, GEO. PADGETT, JOHN BREECE, JOHN MOORE, JOSEPH MISAND and ALEXANDER CRAIG.

The defendant was found guilty of manslaughter, and sentenced to four years’ imprisonment in the State prison. This was a very expensive trial. It cost the county a large amount more than all the other trials for that year. The county had to pay for extra prosecuting arrtorney; and for boardin and guarding the prisoners.

The May term, 1824, was held by JACOB CALL, president Judge, and by THOMAS BRADFORD and MARTIN WINES. At this term there was a famous slander suit between parties long and favorably know by the people of the county, and especially the defendant, who was one of our best citizens. The case was tried by a jury, after having been continued and passed until the witnesses and parties were brought in court on seven different days. The jury, after a long and labored trial. Rendered judgement for six cents. At this term, also, the famous ox-driver (Mr. SHINTAFFER,) was fined one dollar, which was a very heavy fine for that time. [end of page 10]

At the fall term, JOHN B. POTTER was president Judge. At this term, Mr. SHINTAFFER, who had heretofore signed what in common parlance is called a "lie-bill", appears not to have profited by his past experience, and another slander case was presented against him. We often hear it said that the people are becoming more wicked as the years pass by. We have heard this cry ever since we can remember. The same harping about the growing wickedness of the present, and the superior virtue of the earlier day in the history of the world. Solomon, on one occasion, felt called upon to contradict this idea, and said: "Say not thou what is the cause that the former days were better than these? For thou dost not inquire wisely concerning this." Solomon was conceded to be the wisest man, yet we hear the some old cry about the excessive wickedness of the present compared with the past. "With malice toward none, and charity to all ", let us speak the truth on this point. During the year 1824, more than half the cases in court were either for riot, affray or slander; a very large proportion of cases were of these classes, showing a state of society that we do not see now. However, in the wickedness of pride and extravagance, the present age has far outstripped their ancestors.

For the year 1824, HALLET B. DEAN was appointed Treasurer; JOHN BUSKIRK, Lister for the west side of the river, and GEOGRE BABER, Lister for the east side of the river. During the year the office of Assessor was created, and those men were reappointed.

In the early part of the year it became evident to the officers of the county that Burlington, the county-seat, could not be furnished with water with any ordinary expense, and the attention of the people was called to the question of removing the county-seat. Various suggestions were made, and the people were called upon to donate a suitable place. Fairplay was very strongly urged as a suitable place. It was high, dry locality, overlooking White River, and in that day appeared to be the most favorable place. PETER C. VAN SLYKE, a wealthy land-owner in and about the present site of Bloomfield, made by far the most liberal offer and donation, and this donation of the land on which Bloomfield was laid off was accepted. PETER C. VAN SLYKE has long since been gathered to his fathers. None of his children are living, but his grand-children, great grand-children, and great great grand-children live on, or contiguous to, the donation.

Notice of sale of lots was given to be had on the 22d day of April, 1824. The notice was published in the Indianapolis papers, and stated: "This town is beautifully situated on the east side of the west fork of White River, on a rich, dry soil, plentifully watered by good springs; possessing as many natural advantages as any other new town, perhaps, on this river; surrounded with a very flourishing settlement, contiguous to mills and mill seats. The attention of merchants, mechanics, and manufacturers will be particularly excited by the extent of surrounding country; the conveniences of water-works, and healthfulness of situation. From the superior natural advantages possessed by this town, and its >electricity> to the center of the county, it is elevated above the fear of future relocation."

After seeing this notice we saw at a glance that the question of removing the county-seat had been settled by an unaswerable and invincible argument. >Electricty> to the center certainly settles the question; and we may now rest contented, and let the matter cease to agitate our minds.

In this early day mills were of very great importance, many of our earlyt settlers being required to go over [end of page 11] thirty miles to do their milling.

HANCE STALCUP, one of the earliest settlers, and one of Greene county’s best citizens, surveyed the town of Bloomfield, and laid it off in lots. He was a generous, liberal man, and the county at that time being poor and in debt, he donated his fees. We have heard it said that WILLIAM CLENNY, father of ALEXANDER CLENNY, was on eof the chain carriers at this survey. WILLIAM CLENNY was a very old man – near a hundred years old when he died. He had been a soldier in the Revolutionary war under General GREENE, and in his old age he always wept like a child when he heard Generals GREENE’s marching sung. CORNELIUS WESTFALL and WILLIS FELLOWS, two other Revolutionary soldiers, emigrated to this county and were early settlers.

Early in this ear, it appears that the office of collector became so unpopular that no one would accept it. The Board of Commissioners ordered the Sheriff to give public notice throughout the county would accept the office, to appear with his securities, and he should receive appointment. This was a clear case of the office seeking the man instead of the man seeking the office. The office of collector does not seem to go begging in that way now; but we must bear in mind that for the two years preceding this year, only four dollars and seventy-five cents had been collected in cash. The other collections were in county orders. JOHN W. WINES, commonly called WICK WINES, finally accepted the appointment. – He collected during he year, in county orders, etc., $355.98 ½. The office of constable, it appears, also went begging, and the Sheriff was appointed constable for two townships.

In May, the specifications and plans for the court house for the new county-seat, were submitted, and the work ordered to be commenced. Perhaps some of our readers would like to know something about the architectural taste of our ancestors. If they are not instructed by the architectual beauty of the edifice, they will certainly commend our early settlers for their frugality and economy in public works. Their economy measured by the hard times and scarcity of money among the people. It would be well off if the public officers of the present day would consider the condition and wants of the people when they devise plans to spend the people’s money. The plans and specifications of the new court house were a follows: "a hewed slog house, twenty-six by twenty feet; one and a-half high with one door and one window with twelve lights in it (8 by 10) in the lower story, with a good popular plank floor; the upper story tongue and grooved; with one pair of stairs and one partition across the upper story, and a window in each end of the same. House covered with joint shingles twenty inches long and six inches to the weather. All to be done and performed in a good workmanlike manner."

This was a fine house for that day. The majority of the people then covered their houses with boards, had puncheon floors and had no partition in their houses, and very few had glass for their windows. And we believe they were much happier and better contented with their life, than the majority of the people now are.

During this year the office of county commissioner was abolished, and the business of the county was done by a "Board of Justices", composed of all the justices of the peace in the county. Their first meeting was in September, and was composed of FREDERICK SLINKARD, who was elected President of the board, and PETER R. LESTER, AUGUSTINE PASSMORE, WILLIAM CLARK, JOHN E. KELSHAW, HENRY LITTLEJOHN, BENSON JONES, JOHN HILL, and JOHN GORDON. All of these were leading men in their settlement. Of this board, only one is now living, [end page 12] and that is PETER R. LESTER. He must be eighty years old, but we do not know his exact age. He has lived a long and unblemished life. The sting of calummy has never tainted his honored reputation – always honest and exact in his dealing with his fellow-men.

This board met at Burlington, and adjourned to meet after dinner at Bloomfield. The court house had been built, but had not been chinked and daubed, but the weather was so mild that it could be used without it. The court house was built on the lot nw occupied by CRAVEN Brothers for a drug store.

At this time Bloomfield was a forest, and when the lots were sold it became necessary to make some rules in regard to the rights of the owners. Persons who purchased lots or owned them, were prohibited from falling timer on other lots without removing the same immediately.

At the meeting the Board appointed JOHN HILL to chink and daub the court house; and it was to be chinked with short blocks, and the daubing was to be one-third line and two-thirds sand on the outside, and clay on the inside. Thus it can be seen that no necessary expense was spared in making the temple of justice comfortable. Short block chinking was regarded as much better and nicer than long chinking.

Along with the county-seat the "general purpose man", AUGUSTINE PASSMORE, moved to Bloomfield, and was authorized to keep tavern on condition that he would pay ten dollars into the county treasury, which he paid in county orders. He was one of the Board of Justices, and made himself useful in many ways.

Towards the close of the year, EPHRAIM OWEN, Town Agent, made a report of his receipts and expenditures.

His receipts for the year in cash,
Amounted to . . . . . . . . . . . . . . . . . . $18.87 ½
He had paid out as follows:
For nails . . . . . . . . . . . . . . . . . . . . . .$ 5.00
For whisky . . . . . . . . . . . . . . . . . . . . . 1.25
For hire for saw . . . . . . . . . . . . . . . . . . .25
For glass . . . . . . . . . . . . . . . . . . . . .. . .87 ½
Total expenditure . . . . . . . . . . . . . ..$7.37 ½

Leaving a balance of . . . . . . . . . . . $11.50

The County Treasurer’s report, which formerly was made in May, was made this year at the end of the year, the time being changed by law. It therefore, as a matter of fact, covered one year and eight months:

The receipts for the period (none
Being paid in cash) were . . . . . . . . . . . . . . . .$463.22
The expenditures were . . . . . . . . . . . . . . . . . . .618.71

So we were running in debt.

The collector’s fees for the year were $17.85, and were paid in county orders.

This closes our history for the year 1824. In the meantime a number of new settlers had come in, whose names were not given; but we will endeavor to give them in the proceeding chapters. [part of page 13]