Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-24

srnrsscssczs OF HON. o. u. SMITH.

--- .l t"- NI
"REMINISCENCES or HON. o. n. SMITH.
NO. Z.
A SMALL VICTORY DEARLY PrRcHAsED.
Soon after / commenced my circuit
duties, In 1924, I arrived at Lawrence-
burg, and stopped at the hotel of John
Gray. Tho Circuit Court was TO be
held next day. After supper we'll.
dressed, good looking man called up
on me, to give me q little appeal case
against John Ackerman farmer, iiv-
ing in the northern part Of the coun-
ty. He told his story; the case was
in O nut sholl; Alderman had bought
groceries Of him in Cincinnati, to the
amount of about eight dollars, and
given his note for the amount; had
frequently promised to pay the note,
but having as often failed, the suit
had:been brought before jusstice of
the peace, against Alderman, TO re-
cover the eight dollars, and few
cents cost. Ackerman appeared, by
his lawyer, and filed . plea Of "non
assumpit," upon oath, and there be-
ing no evidence to sustain the case,
Judgment was entered fer defeudent,
Of course. Some three months AFTER
wards, the plaintiff heard Of 1t, and
appealed the case, and had with him
all the witnesses, to prove itin Court
The next day the case was called, and
Messrs. Lane and Clair, moved to dis
miss the appeal, because 1t was not
filed in time. Our Statute then re-
quired appeals to be fled within thir-
ty days Of the date Of the Judgement.
to give jurisdiction TO the Circuit
Court. Judge Eggleston remarked
that he had no discretion, the appeal
must be dismissed, but, considering
the small amount involved, and the
nature of the offense, he would sug-
gest that it would be better to let a
judgement 20, ! then proposed 10
defendants counsel, that IL they would
let mo take judgment for the eight
dollars aud costs, that the case should
there end. Alter O moments consul
tation with their client, my PROPOSE
ton was rejected. and the appeal was
dismissed by the Court, at the cost OF
my client, and Ackermon left the
Court room, laughing over his tri-
umph. But the end Was not yet
The Grand Jury was in session. 1
prepared an indictment for perjury,
against Ackerman, for his oath in
swearing to the plea before the JUS
tice. The evidence was clear and
conclusive. The bill was found and
returned before dinner. / quietly
took out bench warrant, and before
Ackerman had left town he was ar
rested by John Spencer, the Sheriff,
and bro ight into Court. His counsel
Messrs. Lane and st. Clair. immedi-
ately offered bail for his appearance
from day to day during the term
tho recognixance was entered, and
the counsel commenced.
Ready for trial.
$50 is the State; let jury come"
The Sheriff put jury in the box.
Walter Armstrong was foreman
Court adjourned until morning. The
trial came on early. The evidence
was heard. ! opened the case brief.
ly; Mr.. Lane followed with a power
full speech, but the evidence had pref
udiced' the jury against his client, and
I had nothing TO do but to sum up,
and read the Statute furnishing the
offence. The Court ,charged--the
jury returned verdict Of guilty, and
two years in the penitentiary. Mr..
Ackerman was called TO hear judg-
ment, but failed to answer. The re-
cognizance was forfeited, a capias or
dcred, returnable TO the next term.
In vacation Ackerman was arrested,
a motion in arrest was overruled by
the Court, and Ackcrman sentenced
to the penitentiary, ut hard labor for
two years. His farm was sold upon
the forfeited rccognizance, and his
personal effects to pay his lawyers.
] sketch this case for its moral, as
showing that honesty is the best pol
icy at last. ?
A sHBRIFY oUrwITTED.
In early times, before the first land
sales of the beautiful White Water
valley, whore Connersville, Liberty,
Cambridge, Csntreville and Rich
mond now stand, there lived upon
the east bank of White Water, about
a mile above Connersville, most re-
markable woman, by the name of
Betty Frazier. She was q small,
tough looking, ratherswarthy woman,
her husband, George Frazier, was
poor cripple, and, with their children
was entirely supported by Betty
They had settled upon q small frac-
ton Of government land, intending
TO pr rchase IL at the sales. The Land
Office was at Cincinnati. and General
James Findlay was the Receiver.
The spring Of the year, after severe
winter, had come; tho sales were to
take place the next winter, and Bot.
ty had the season before her, to raise
the money TO pay for her land. She
commenced with q stock Of young
hogs; caring for them daily, driving
them 10 the best mast, and preparing
q good patch Of corn, TO fnish the
fattening process. She had only one
horse 10 tend her crop with, and ulti.
mately TO ride 10 Cincinnati, whom
she drove her hogs down 70 sell, and
buy her land. About midsummer
she saw n horscman riding up 10 her
cabin. She met him at tho bars
"well, General Hanna, how do you
evsry well, Mrs. Frazier" st