NOVEMBER 9, 1814
200 years ago today in
Washington County, Indiana Territory, the Washington Circuit Court was back in
session after an adjournment since July.
Since the court had last been in session, several changes had occurred
in the Territorial and County judiciary.
First, the territorial legislature had enacted a law in August of 1814
rearranging the judicial districts. Previously
there had been legal controversy over a prior act of the Territory legislature
enacted in January 1814 which was in conflict with an act of the US Congress
which established the jurisdiction of federal courts. Benjamin Parke who would later become a Salem
resident pointed this out to Governor Thomas Posey. The new law corrected this and established
three districts with each having a presiding judge for the circuit and two
associate judges for each county within the circuit. All were appointed by Governor Posey.
Samuel Lindley had resigned
as the presiding judge of the first Washington Circuit Court after its July
session. Moses Hoggatt then declined to
serve further as an associate judge.
Jesse L. Holman of Dearborn County was appointed as the new presiding
judge of the Second Circuit which included Washington County. John M. Coleman was appointed as an associate
judge. Simeon Lamb who had served as an
associate judge since January 1814 remained as the third judge for Washington
County. Holman presided over the
November session which was held in temporary quarters in or near Salem as the
new Washington County Court House was under construction.
The first day of the session
was dedicated to the pending criminal cases.
John F. Ross served as the Prosecuting Attorney. These cases were:
US v. Susannah Beem Forgery
US v. Frederick Wyman Assault and Battery
US v. Matthew McClure Assault and Battery
US v. John Ramsay Assault and Battery
US v. Matthew Lee Assault and Battery
The family of Susannah Beem
was among the first to settle north of the Muskatatuck in Driftwood
Township. The records do not reveal what
document/s she forged. The punishment
for forgery was three pronged. First, a
fine was imposed equal to double the amount of the fraud the forgery attempted
to perpetrate with half to be paid to the party injured. Second, the guilty forger was disqualified
from future testimony, jury service and holding a public office. Third, three hours of public humiliation were
to be endured in a pillory. Beem’s case
was eventually tried and she was found guilty. Her attorney immediately moved for a new trial and the case was continued for
several terms of court and eventually dismissed as witnesses either lost
interest or settled elsewhere. It seems
that Susannah Beem was not destined to pilloried on the Salem square.
Frederick Wyman was a 30 year
old son of Henry Wyman of Dutch Creek who had recently married Elizabeth Baker
but had not yet assumed the conduct moderating duties of parenthood. At the time of his pending case, he was
acting as the superintendent of the construction of that part of the public
road from Salem to New Albany that was located between the Mutton Fork of Blue
River and the south county line. Perhaps
Wyman’s construction supervision was found to be too aggressive. Assault and
Battery was punishable by a fine not to exceed $100 and the court had the
authority to place a person convicted of this crime under a surety of the peace
for up to one year.
The second and third days of
the November session were dedicated to pending civil cases. These cases were:
Matthew Royse v. John
McPheeters Slander
John McPheeters v. John
Catlin Slander
Daniel Beem v. Alexander
Craig Slander
John Dickinson v. Marston
G. Clark Debt
Henry Dawalt v.
Fred Niedeffer Case
Benjamin Brewer v. Robert McCain Slander
William Wright v. William
Hoggatt Debt
Philip Stucker v. Aaron
Wilcoxsen Slander
Cassady Patterson v. William Patterson Case
Hugh Nance v. Thomas
Dorsey Slander
Howard Purcell v. Stephen
Sparks Assault and
Battery
John Fleenor v. Elizabeth
Fleenor Divorce
Adam House v. Jacob
Hattabaugh Case
The designation of “case”
probably referred to what is known today as a negligence action. More than half
of the cases were for the tort of slander which is spoken defamation. As damages for slander are difficult to
prove, there must have been a lot of perceived self-honor to protect. Hurt feelings apparently were not left to
heal over. Some degree of self-control
of our settlers is also apparent as slanderous comments did not lead to fights
as only one civil assault and battery case was on the docket. Perhaps there was much umbrage taken to
unguarded comments as many of the residents of Washington County had not yet developed
a sense of community and were often encountering strangers. Also, many persons in the fledgling county had
not yet affiliated with any church congregation so as to practice the
settlement of personal disputes as suggested in Matthew 18:15-17.
The two pending debt
collection cases are of interest because of the notoriety of the
defendants. Marston G. Clark had been a
community leader of influence in Clark County, Indiana Territory before he
moved to Washington County. The Stevens Centennial
History of Washington County, Indiana contains an extensive portrait of
Clark. Clark had been a part of General Anthony Wayne’s campaign against
Little Turtle in the 1790s. Clark had operated a ferry across the Ohio River
from Beargrass Creek to the location that became Jeffersonville. He was one of the settlers that helped lay
out Jeffersonville. He was a Major and
Aide de Camp of William Henry Harrison’s staff for the Battle of Tippecanoe and
is credited with advising General Harrison as to the location where the battle
should occur. Clark then served as one
of the three commissioners who determined in early 1814 where the county seat
of Washington County should be located. His
status did not protect him from his creditors from Clark County where he
incurred debt for a performance bond he had made for a misfeasing official
there. Clark’s financial troubles were short term as his political connections
resulted in his being awarded the contract for the construction of the first
county jail for the sum of $585. He then opened the first hotel in Salem on South Main Street. During the 1820s and 1830s, Marston G. Clark represented Washington County as either a State Senator or a State Representative. In the early 1830s he was the Indian Agent for the Kansa tribe near Ft, Leavenworth.
Washington County Sheriff
William Hoggatt was not protected from suit for debt by his creditor and
neighbor William Wright. Hoggatt like
Clarke was a man of influence as he had represented Harrison County in the
Territorial legislature for a term and was a militia officer. He tried to
operate a mill on the Middle Fork of Blue River without success and must have
run up some debt. Hoggatt resigned as
sheriff and moved to Orange County as soon as it was organized in 1815 and
became its Clerk/Recorder. Sheriff
Hoggatt was later sued by Washington County Treasurer Jonathan Lyon for failing
to remit taxes he had collected as sheriff.
He must have been a man of some pretense or a friend of indulgent
backers as his financial difficulties and public malfeasance did not prevent
him from being a co-founder of Bono and being hired by the Bullitt Brothers to
lay out Terre Haute, Indiana in 1816.
MARSTON GREEN CLARK
PILLORY
19TH CENTURY LAWYER IN COURT
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