Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-08-07
Early Indiana Trials.


3 Der Of distingui she'd lawyers were in
attendance from this State, and sever
al from tho State of Ohio. Among
the most prominent will name Cen
eral James Noble, Philip Sweetzer,
Harvey Gregg, Lot Bloomfield, james
Rariden, Charles III. Test, Calvin
Fletcher, Daniel B. Wick and William
r. Morris, of this State, and General
Sampson Mason aud Moses Vance, of
Ohio. Judge Wick being temporarily
absent in the morning, William X.
Morris arose and moved the associate
judges ask that these gentlemen be
admitted as attorneys and counsellors
at this bar;they are regular practicion-
with them" Judge Winchell-"have
they come to defend the prisoner p
sThe most of them have. s'Let them
be sworn-nobody but a lawyer wonld
defend a murderer
Mr.. Morris,-''I move the Court
for writ of habeas corpus, to bring
up the prisoners now illegally con-
fined in Jail Judge Winchell--"For
what?' "a writ Of habeas corpus"
ssWhat do you want to do with it
= ATo bring up the prisoners and have
them discharged. Is there any law
for that2" Morris reads the statute
regulating the writ of habeas corpus.
. 'sThat act, Mr. Morris has been repeal
ed long ago. "Yonr honor is mista-
ken, it is Constitutional writ, as old
as Magma Charta itself" eWell, Mr.
Morris, to cut the matter short, it
would do you no good to bring out
the prisoners, / ironed them myself,
and you viii never get the irons OFT
until they have been tried, habeas
corpus or no habeas corpus" Judge
Wick enters and takes his seat be-
+ tween the two side judges. "Call the
grand jury" All answer to their
names, and are sworn. Court adj
journs for dinner Court meets; the
grand jury bring into Court an indict-
ment for murder, drawn by Mr.
Fletcher against Hudson.
Counsel on both sides, Bring the
prisoner into Court" The Court,
"Sheriff put in the box jury Sher-
iff,-"May it please the court, DIR.
Highday Just handed me a list of ju-
rors to call on the jury" Judge Wick,
Bring DR.. Highday into Court.
"Did your honor wish to see me ?"
~ "Dr. Highday, is this your hand writ
ing" ~ presume it is" "Dr. High
day we have no Jail TO put you in, the
one we have is full; hear your SEN
tence; it is the Judgment of the Court
that you be banished from these Court
grounds till the trials are over; Sher-
i'll, see the Judgment of the Court
carried strictly into execution" l
digress to give the scene in Court,
published by Gen. Sampson Mason,
in a Springfield, Ohio, paper, "As l
entered the Court room the Judge
was sitting on block, pairing his toe
nails, when the Sheriff entered, out
Of breath, and informed the Court
that he bad six jurors tied, and his
deputies were running down the 9TH
ers." General Mason, with all his
eandor, unquestionably drew upon
his imagination in this instance.
Hudson, the prisoner, was brought
into Court by the deputy Sheriff and
two of the guards. His appearance
had greatly changed since | first saw
him in the log pen with his comrades
in,crime. He was now pale, haggard
and downeast, and with n filtering
voice, he answered upon his arrange
ment, mot Guilty The petit jury
were hardy, honest pioneers, wearing
moccasins and side Knives. The ev-
idence occupied but single day, and
was positive, closing every door OF
8 hope to the prisoner. The Prosecu.
ting Attorney read the statute creating
and afhxing the punishment TO the
homicide, and plainly stated, the sub
stance Of the evidence. lie was fol
lowed for tho prisoner, in able clio
quent, and powerful speeches, appeal
ing to the prejudice ofthe jury against
the Indians; relating in glowing col
ors the early massacres ofwtto mon,
: women and children, by the indians;
reading the principal incidents in the
history Of Daniel Boone and Simon
Kenton; relating their cruelties az the
battle Of the Blue Licks and Bryants
Station, and not forgetting-the defeat
of Braddock, st. Clair, and Harmar.
General James Noble closed the
argument for the State in one Of his
forcible speeches, holding up 20 the
jury the bloody clothes of the Indisns,
and appealing TO the justice, patriot
ism, and love of the laws Of the jury,
not forgetting that the safety of the
settlers might depend upon the con-
viction of the prisoners, as the chicfi
and warriors expected jurtico TO be
done. Tho speech OF the General had
marked effect upon the crowd, rs
we'll as the jury. Jucgo Wick charg.
cd the jury ut some length, lying
down the law Of houlicide in its diff.
ferent degrees, and d distinctly impress
sion upon the jury that the law knew
no distinction as 10 nation or color
that the murder Of an Indian was
equally rs criminal in law as the muir
der Of the white man. The jury re
tired, and next morning brought into
Court verdict of guilty of murder
in the first degree" Motion for new
trial ovorulcd; the prisoner was bro
into Court, and sentence OF death
pronounced in the most solemn man
ner, by Judge Wick. The time fol
for the execution was fixed, as is usu
al, for distant day In tho mean
time Hudson made his escape from
the guard one dark night, and hi,
himself in hollow log in the woods
where he was found and arrested
Time rolled on, the fatal day for tn,
execution arrived. Multitudes o
people were there. Among them wer
seen several Senecas, relatives of tn,
murdered Indians. The gallows wa