Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-07-23
from the indianapolis Journal.
Early Indiana Trials.
"REMINISCENCES By HON. o. II. SMITH.

Among the first of the great tragic trials
in this State, was that of Dr. John Brad
burn, of Fayette county, on an indictment
for murder. was at that time County
Prosecutor for the State. The facts of the
case were briefly these: DIR. Bradburn
was an eminent Surgeon, u man of great
muscular power and of the most indomita-
bic personal courage. have scarcely ever
seen more athletic man. and never knew
a man of greater bravery. He lived some
four or five miles from Connersyille. In
general the Doctor was highly respected,
but it seems that he had given some real or
imaginary cause of offense to several young
men of equal responsibility in his neighbor-
hoad, who took it into their heads that
they wou.d take the Doctor from his house
in the night, ride him on a rail to the water
and then duck him. The Doctor by some
means got wind of what was going on, and
prepared himself with weapons for defence,
among which was long dissecting knife
with two edges The young men, unaware
of his preparation, fixed upon a dark night
to carry their plan into execution. Capt,
Robert L. Broadus was selected as their
the party silently approached the dwelling
of the Doctor and tried to open the door,
but found it fast The Doctor was in bed
in an adjoining room, wide awake, with
his large knife under his pillow, cool and
prepared. The outside party placed an
iron crowbar, which they had brought with
them, under the door, threw it off its hing
es and entered the room, carrying with them
the ropes prepared TO tie the Doctor before
they took him from the house. In the
meantime the Doctor remained silently sit
ting upon his bed, with his knife in his
hands. The room was dark. The party
advanced, feeling their way, until the fore
most, young Alexander, about eighteen
years of age, reached the bed, when he re-
ceived fatal stab with the knife, turned,
rushed to the door, stepped out, and fell
dead in the yard. Not a word was spoken.
The next, young Caldwell, abont twenty
years of age, advanced, evidently not know
ing the fate of Alexander, until he came
within the grasp of the Doctor, when the
fatal knife was thrust through his side,
penetrating his heart. He uttered a loud
groan, turned, fed to the door, passed n
short distance into the yard, fell and died
near the body of Alexander. The groan Of
Caldwell alarmed the others, who imme-
diately retreated for the door, pursued by
the Doctor, and one other OF the party re-
ceived a severe, but not a mortal wound
Capt. Broaddus told me that at one time
the Doctor was between him and the door.
and as he passed to go out the Doctor struck
at him with his knife, and Just grazel his
head. /, was very evident but for the
groan Of Caldwell, not one Of the assail-
ants would have left the house alive. Such
was the awful tragedy at the house. The
young men killed were of the very first fam
lilies of the county: indeed of the State
The excitement was intense; the doctor
gave himself up, and was put in jail
While the inquest was sitting over the
dead bodies, he was calm and composed,
and stated all about the transaction, and /
have no doubt Faithfully, for he was amau
of truth, although his life was at stake
He had been my client and on this the most
trying occasion of his life. h, insisted that
/ should defend him. / told him | was at
torney Of the State. "You get but Sl20
year, and l will give you $500 for the
case alone" i however, at once told him
that no fee could inluce me to forsake the
State at such a uncture, and declined fur
Their conversation with him, and he sent to
Brookville for John L. Mckinney to defend
him. The court met; the grand jury found
bill for murder; the trial came on; the
facts substantially as stated were proved,
with the admission of the doctor. The
court house was crowded with an excited
population. General Mckinney made
strong speech in the defence, but it evident
" fell upon unwilling ears. Ny closing
speech was again AMI again applauded by
the crowd, and the applause as often rep
rimanded by the Court and the Sheriff.
1t was evident that the jury, and the audi
ence, were with me, and had the case gone
to the jury without any charge fsom the
Court, DE- Bradburn. would have been IL
legally convicted, / have no doubt. But
Judge Eggleston, as we say, had the
"closing" or last speech. and nobly did he
sustain his high character as judge on
that occasion. He took up the case calm
ly but firmly; examined its principles, and
laid down the law of self defence, or justif-
able homicide, that governed the prosecu-
ton. step by step, until, | am satisfied
there was neither lawyer. juror, nor by
stander in the court room that did not ac-
quit the prisoner before the jury left the
box. The jury retired but a few minutes
and returned verdict Of not guilty, on the
ground of sclf-defense. So ended this
long to be remembered case in old Fay
cite.
In the year 1924 | was appointed by
Governor Hendricks Circuit Prosecutor fol
the Third Judicial Circuit, and for the sue.
cecding two years rode with Judge Es-
gleston into every county and attended the
courts twice year. Our Southern Court
Mt that time was held at Vevay, and oul
Northern at Fort Wayne. The Judge wa;
rather delicate, but | had an iron constitu
ton. There were no bridges over The
streams, but We rode good swimming hor
ses, and never faltered on account of higt
waters, but plunged in and always founC
the opposite shore somehow. During thu
two years that served as prosecutor, Their
was not a single court held or Grand JURY
cmpannclel in my absence on our circuit
On one circuit | heard nine men sentences