Baber's Early History of Greene County Indiana Chapter XI

"Time whereof the memory of man runneth not to the contrary," it has been said, reiterated and very generally believed that "murder will out." And hundreds and, perhaps, thousands, of instances have been related in which the most energetic efforts for years to discover the murderer, have been baffled; yet, in time, some circumstance, perhaps trivial at first, would lead to the discovery. So, uniformly has this been true, that whenever a murder has been discovered, even though shielded by what then appears to be an impenetrable mystery, almost everyone says, "Well, it will leak out; murder will out;" and generally it does leak out. Often the truth comes slow; it may be link by link, until the chain is formed that encircles the guilty one. There was a case in our county that for thirty years has been a secret - a mystery. This is, no one is certain who the guilty party is, and the people have in turn urged different theories in regard to it.

On the 20th day of June, 1843, Mrs. PHOEBA GRAVES was murdered. As to the fact of her being murdered there could be no doubt. She was

A mute by the name of CHRISTOPHER NATIONS was also suspected. He was plowing on a farm near the place of the murder on that day. When he was required to put his foot in the track, he evidently did not understand the subject of their action, and struggled against putting his foot in the track. He was charged with the crime before a Justice, and tried and bound over to the Circuit Court, but no indictment was returned against him. PARIS C. DUNNING, R. H. ROUSSEAU and L. H. ROUSSEAU prosecuted the case and HUGH L. LIVINGSTON defended. There were two boys working in a field adjoining the field in which Mr. NATIONS was working, and they knew that Mr. Nations was not out of the field until after one o'clock on that day; but they were too young to be witnesses under the law at that time. One of these boys was WILLIAM G. SERGEANT, who now resides in Bloomfield and remembers the affair distinctly. He was eight years old at the time, and saw Nations the whole time, from eight o'clock, a. m., until after one o'clock, p. m.

The third man upon whom suspicion rested was JAMES GRAVES, husband of the deceased. Three men join in affidavit against him before WILLIAM C. HICKS, a Justice. The case was fully investigated, and the defendant was found guilt and remanded to the custody of the Sheriff H. L. LIVINGSTON prosecuted the case, and Mr. DUNNING and the ROUSSEAUs defended. He was taken out of the custody of the Sheriff by writ of/habeas corpus/, and after investigating the case before the associate Judges of the Circuit Court, was recognized to court and admitted to bail. No indictment was ever found against him.

In the investigation of the charges, there being no doubt about the deceased being murdered, the attorneys for each party tried to show that some one else perpetrated the crime. The attorneys of Mr. GRAVES tried show that Mr. NATIONS committed the murder, while the attorneys for Mr. NATIONS tried to show that Mr. GRAVES had committed the crime. The only evidence on the record in the case is a written admission signed by the attorneys on the trial against NATIONS. The admissions were that on the trial of the/habeas corpus/ case of JAMES GRAVES, that it was in proof that he (GRAVES, the husband of deceased,) was at home on the turn of twelve o'clock on the day of the murder, and was pulling weeds in the garden, and had his little child with him. Also, that it was in proof at the same time, BY FRANKLIN HODGES, that on the same day, about two o'clock, p. m., he (HODGES) heard some one hallooing, and that he went out from the field where he was plowing and saw GRAVES[end of page 35] about three hundred yards from the place where the body was found next morning. That GRAVES was standing in the road, and had his little child in his arms, and stated that he sent his little girl to Mr. DUEAST's to hunt for her mother, and that he also stated that Phoeba had gone that morning to Mrs. NATIONS', and that he supposed that she had gone to DUEAST's from NATIONS', and that Graves was hallooing for his wife and little daughter, and that said GRAVES returned home.

The theory of those who believed JAMES GRAVES to be guilty, was, that he left at about eleven o'clock, a. m., and his wife left Mrs. NATIONS' about the same time. That they met in the road at the point near the place of the murder, and the struggle commenced in the road, and that they struggled forty or fifty yards from the road, where her neck was broken. That after concealing the body, the defendant then returned home and remained there until new two o’clock and then took his infant child back to a point near the scene of the murder. This theory was supported by the evidence offered by the State, and by all the motions and actions of the accused. A daughter of the deceased stated that he left home at eleven o'clock, with a curse upon his tongue against his wife, and the testimony of Mrs. NATIONS was that the deceased left her house at eleven o'clock, saying that she must go home to get dinner.

The defendant proved by the woman he afterwards married, that he was with her at another place during the whole time in which it was probable that the murder was committed. It is a little wonderful, from all the circumstances connected with this case, that it was not more fully investigated.

For years after this, persons would hint that something was wrong, and this same Frank Hodges would publicly denounce Mr. JAMES GRAVES as a murderer. Three years after this unfortunate circumstance, Mr. Graves appealed to the court for redress for what he claimed to be injured innocence, and he sued Mr. HODGES for slander for accusing him of murder. Mr. HODGES, by his attorneys, in his answer, justified his words by saying they were true, and alleging that Mr. GRAVES did murder his wife, and he prepared to make his charge true. When the issue was thus presented, Mr. GRAVES dismissed his suit, and the matter rested there. Soon after this suit was terminated Mr. GRAVES left the county and took up his residence elsewhere.

Perhaps if all the parties connected with or suspected of the crime had remained in the locality, it might have leaked out, but the probabilities are that no additional evidence will ever be revealed. We do not know that any of the parties are living. It may be that they have all met before a tribunal where there is no dissembling of witnesses or error of Judge.

The officers for 1843 were the same as the year before, except that JAMES VANSLYKE was Sheriff, WILLIAM MASON, Treasurer, FRANKLIN P. STARK, Assessor, and JOHN R. STONE, Probate Judge. JOHN F. O'NEALL was returned to the Legislature, and Mr. Quick was Prosecuting Attorney.

JAMES VANSLYKE was a son of PETER C. VANSLYKE, and must have come to the county in 1819. He was very popular with the people, and was elected to office several times. He was first elected in 1842, at which time there appears to have been several early settlers who were willing to serve the people in that capacity, there being nine candidates for Sheriff. Judge STONE was an early settler in Burlingame township, and held many positions of trust in his township before he was elected Judge. During his judicial career he had the reputation among members of the bar of deciding his cases right. Sometimes he would not decide just at once, but would take a case under advisement when it was not clear, [end of page 36] and would think over it in a calm hour, and then he would almost uniformly decide the case correctly. He was one of our best citizens, and had one virtue in an eminent degree that many persons are sadly deficient in - he was true to his friends. During this year two students were admitted to the State University from Greene county, being the second and third students from the county to that university, so far as we are able to learn. They were ADEN G. CAVINS and L. B. SEXTON. The last named is a son of Judge SEXTON, and, altho' not very well known by the name of L. B., yet is well known all over the county by the name of BOONE SEXTON. In addition to being a number one man, he was probably the best natured man within the limits of old Burlingame township, except WASH. HATFIELD, who must be the best natured man in the county - or, at least, he was forty-two years ago. In addition to Wash. being the best natured man and being generally clever and a very old settler, he can make the best gun, kill as many or more deer, sing the best song, and can repeat more of a speech from memory than any man in the county. The first year after he came to the county, he killed one hundred and sixty deer, and during the first twelve years of his residence in the county, he killed, with one gun, thirteen hundred deer. It is hardly probable that any other man now living in the county has killed as many. Altogether he has killed over three thousand.

In 1844, JOHN F. ALLISON was elected Senator, L. H. ROUSSEAU, Representative, and ALFRED L. KUTCH was elected a Commissioner. The other county officers were the same as the year before. Mr. KUTCH was re-elected as commissioner for several terms in succession. He came from Monroe County in an early day, and settled in the neighborhood of the place where he now resides. He was regarded as a superior Commissioner, always looking toward the finances of the county and observing proper economy. He has been a successful farmer, and is universally esteemed as a good citizen and Christian gentleman.

In this year the first case for disturbing a religious assembly was prosecuted, since which time such cases are of frequent occurrence.

FREDERICK MEMORING, an old citizen of the county, received his naturalization papers, having emigrated to this county in 1839. There was great political excitement during the year. GEORGE G. DUNN and DICK THOMPSON were among, and, perhaps, the leading, champions of the Whig cause in this part of the State, and JAMES WHITCOMB and PARIS C. DUNNING were among the leading champions of the Democracy.

This year the amount paid by the county on officers' salaries was three hundred and eighty-one dollars and ninety-seven cents.

In 1845, no new officers were elected, but several old officers were re-elected, among who was L. H. ROUSSEAU to the Legislature.

ROBERT WARREN received his naturalization papers, having emigrated in 1837; and before this time his father and his brothers, John and William, moved to this county, all of whom made good citizens. Several strangers were admitted to practice law this year, ALANSON J. STEVENS, FRANCIS M. WILLIAMS, JOSEPH B. CARNAHAN, and DAVID K. SMITH.

The members of the bar must have been considerably demoralized this year, if we may form an opinion from the number of indictments returned against them for assault and battery and riots.