The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-08-22
Early Indiana Trials,
"REMINISCENCES BY o. II. SMITH.
From the .ilGianar.i;, Journal

From the .iitiaiai-.ii, Journal
! .Amcng the first of tie great tragic trials in
/ this State was that OF Dr. John Bradburn of
! Faycttc County. Oh an Indictment for muir
der. WIS at the time County prosecutor
for the State. The facts OF the case were
briefly these: Dr. Bradburn was al eminent
surgeon. L man of great muscular power and
Of the mos: indomitahlc personal courage. l
have scarcely ever seen 4 more athletic man,
and never knew man Of greater bravery.
i II. lived some four or five miles from Con-
ncrsyi!c In general the doctor was highly
respected. but il seems that he had given
some real or imaginary cause OF Oftcnse to
several voung men of equal rcspectahilitv in
his nei.llorhuod. who took it into their heads
that they would 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 de-
knife with two edges. The Young men, una
ware Of lis prcparation.ii.ed upon a dark night
10 carry their plan into execution Capt l.
Rroaddu, MAS selected rs their header. About
- O'clock at night the party silently approach
ca i..t thtil!iC l.! iiic CotlDi. liiu Iicu W
opcn the door. bat found it fast. The doc
tor WIS in bed in an adjoining room. wide
awake. with his large knife under his pillow.
cool and prepared The outside party placed
an iron crow-har. which They had brouyli.
wiki them. under the door. threw il off It's
hinges and entered the room. carving with
them the ropes prepared TO tie the doctor be-
fore ll!cy tco, him .:un the house. In t!l..
meantime the doctor remained silently sitting
upon his bed. with his knife IN his hands.
The roo,n MAS lark. The party advanced.
.,,.ling their way. until the foremost, Young
Alexander. about eighteen Years of age. reach
c;i the bed. when he received fatal stab with
the knife. turned. rushed to the door. step
j:,i ont. and fell dead i'll the yard. Not a
word Was spoken. The next. Young Cald-
wcll. about twenty wears OF aye. advanced. cv-
i,,".itiv not knowing the tI,e of Alexander,
until he came within the grasp OF the doctor,
when The fatal knife WIS thrust through his
side. penetrating his heart. He uttered a
loud sroan. turned. fled 10 the door. passed
4 ~hor, distance into the yard, fell and died
near the body of Alexander. The groan Of
l. rrtrcated for tie door. pursued by Tie doc
tor. and one other OF the party received
severe. but not 4 mortal wound. Capt.
Broaddus told ne that 1T one time the doctor
was between him and the door. and as he
passed 10 90 out tilc doctor struck at him
with his knife. and Just l;razed his head. 1t
WIS very evident lha. but for the graan of
Caldwell. hot one ni' thc aSsaiiants would have
lit the house alive. Such was the awful
:. tragedy at the house. the Young men kill
ed were of the very first families in The Coun-
". indeed of the State. The doctor gave
himself up. and WAS put in jail. While the
inquest was sitting over thy dead bo,lic, he
was calm ana composed. and stated all :borsS
the transaction. and have no doubt truth
fully. for he was 4 man Of truth. although his
: litt' WAS at stake. Ilc had hccn nv client,
and on this. the most irving occasion of his
life. he insisted that should defend him.
told him was the Attorney of the State.
You get hut ~lo0 wear" he said. land
Will give You 5000 for this case alone I,
however. al once told him that no fee could
iniucc ne 10 forsaAc the State at such a
, iuncture, and declined further conversation
with him. and he sent 10 Brooky!!lr for John
I. Mckinney to defend him. The court me-, ::
:. the grand jury found hill for murder: the
trial came on the facts substantially as sta
$ ted were proved. with the admission of tn.
doctor. The courthouse was crowded with
, an excited population. Gen. Mckinney made
strong speech liz the defense, bat ii evident
- y fell upon unwilling cars. Nv closing
, speech WAS again and again anplauded by the
= crowd. and the applause As oftcn rcrrcmand-
ed hy the court and the sheriff 1t was cvi-
=. dent that the jury and the audience were with
me. and had he case gone 10 the jury with
ont any charge from the court. Doctor Brad
=. burn: would have been Illegally convicted. Ihavc
! 10 doubt. But Judge ESglcston. as we say.
:. had the " closing or last speech. and noblv
did he sustain his high character as a Judge
on that occasion. He took up the case calm
:, X but firmly: examined its principles. and
- laid down the law of self defense. or justifia-
bic homicide. that governed the prosecution.
step by step. until. | am satisfied. there was
7 neither lawyer. juror nor by->tandcr in the
courtroom that did not acquit the prisoner
$ before the jury left the box The jury re-
\ tired hut few minutes. and returned YER
5 dict of not guilty. on the ground Of sclf-le-
d tcnsr. SO ended this long to be remembered
c case in old Lavct,c
Il In the year 1924 was appointed by Gov
cfhor nenttrlchS circuit prosecutor tor the
{ third judicial circuit. and for the succeeding
{ two Years rode with Judge Esgleston into
Is every county and attended the courts twice 4
l. Year. Oar southern court CT that time was
IL held a; Ecva.. and our northern at For,
q Wavne. The Judge was rather delicate, but
had an iron constitution. There were no
d bridges over the strrams. hut we rode good
D. swimming horses, and never faitcred on &C.
= count OF high waters. but plunged in and al
y ways founl the opposite shore somehow
t During The two Years that served as prose.
y cutor. there WAS not single court held or
grand jury impannelcd iii my absence on our
D circuit. On one circuit l heard nine men
sentenced TO the penitentiary and four to be
L hung that prosecuted. In the continuation
Is OF these "reminiscences propose to sketch
'e some of these cases. Before doing which
. however, let nc present the great and excite
ing trial of Alexander Young for killing John
ST Points. in the Rush circuit court The cast
l. was prosecuted by James Whitcomb and nv.
< self for the state and defended by Charles H
n Test, James Raridan and Amos Lane fc,