Pike County Democrat, Volume 24, Number 9, Petersburg, Pike County, 21 July 1893 — Page 1

i ■“ — --F----F"—:-» '—F-' FF—— :-:-* • VOL. XXIV. PETERSBURG, IND., FRIDAY, JULY 21. 1893. • NO. %

Defended! | . - Harry Ault Kills Rent Miley Instantly In Defending His Mother from a Criminal Assault. The Young Man Believes Himself to be Justifiable in the Act. t _ The Preliminary Held Wednesday Morning by Squire Chappell. Those of the citizens of Petersburg ■who happened to be on the streets as early as fire o’cloek;Mondav morning were shocked to learn that Harry Ault had shot a man at iiis home five miles northeast of town. About three o’clock that morning a young man came to the city with the word that Harry had shot Rent Milev about eleven o’clock the evening before. He had come to notify the officers and also to send a telegram to Harry’s father, who was then in Cincinnati with some stock. Squire Reed, acting coroner, and Deputy Sheriffs Robinson and West immediately left for the Ault residence in Washington township. Nothing was known on the streets as to the particulars of the trouble, if there was any. It was all gijess Work with them and many rumors were afloat as to the occurrence. A reporter of The Democrat went to the scene of the shooting, but did not arrive there until after the inquest had been held, and the officers were returning to the city. The place where the unfortunate affair occurred was at the residence of Henry Ault, a prosperous farmer and stock dealer -of this county. Mr. Ault was not at IvBme at the time of the occurrence, being at Cincinnati. The residence is a one-story frame building of three rooms and a kitchen, and faces to the north.

Tlie circumstances regarding the shooting were hard to learn the family preferring not to talk any on ;the subject until after Mr. Ault had returned from Cincinnati, but from what could be learned, the following is a brief synopsis: The family consisting ot the mother and two sons, Harry and John, and John Cain and Rent Miley were at home that night. John Cain and Rent Miley being employed by Ilenry Ault as farm hands. They had all retired with the exception of Miley, I1 who returned home about 10 o’clock. No one at that time had been asleep and lamps were still burning. Mrs. Ault and her sou Harry slept in the back room, which contained two beds and a lounge, while Miley, Cain and the young Ault boy occupied the front room. When Miley returned home that evening he went into, the front room, took off coat and vest and went out into the kitchen to get something to eat. The boys in the front room in the meantime having fallen asleep, Harry occupied a bed in the same room with his mother. Mrs. Ault was sleeping on a lounge. About eleven o’clock or a little after Miley awakened Mrs. Ault by tapping her on the shoulder and asking her if she was asleep. Mrs. Ault says that after that he told her that he had something to tell her that he had heard that day jaud wanted her to go into the trout room. She told him to go away that he could tell her tomorrow or some other time. He then commanded her to get up and go with him. Mrs. Ault then arose from the lounge, getting out on the opposite .sidefrom Miley. He caught her by tbe arm and still repeating that he had something to say to her and that he would not hurl her. He then pulled her into the front room and began to take improper liberties with tier, when she again told him to let

Ho pitc this Hai her go or she would have to scream. At this time Harry had been aroused by the scuffling and hearing his mother talking to Miley took up his -evolver and lighting a match, saw Miley holding his mother and taking ajquick aim tired the shot at him. Miley, after being shot exclaimed, “O, God, he’s killled me.'’ then half sank to his knees and lied forward out of the door. All occurred within a time uot exceeding three or four minutes. Immediately after the shooting ry sent young Cain to the homes of several neighbors to notify them of the occurrence and also sent a messenger to town lor the officials to come out, that he was ready to give himself up. Several of the neighbors at ouce oamo to the scene of fhe tragedy. One of them asked Harry the cause of the trouhle, to which he remarked that he “would explaiu all at the proper time. From what I saw I was justified.” ' - Miley after being-shot fell on his face something like six or seven feet from tlie door across a brick walk, his feet being in thp walk and his body on the ground, his head close to a large tree. He had on at the time when found a cotton shirt, pair of pants and socks, his clothes being somewhat disarranged at the time. He lay there until after the coroner had held the inquest when he was taken into the house, dressed and prepared for burial. The bullet entered thq right side a little to the side and under the light arm and ranged through the body and nearly out through the skin under the left arm making a black spot where it had spent its force against the arm. The fall had bruised the face in two or three places. The wound bled but vervlittle and death must have ensued in a very few seconds. The deceased had been working for Henry Ault for two or three years and was a good hand on the farm and had gotten along very well with all of the family. He was twenty-two years old last March. The funeral occurred at the Arnold church cemetery Monday afternoon. Mrs. Ault is a small, slender woman who has been in bad health fof several years, being subject to heart disease, and during the preliminary trial Wednesday morning was compelled to leave the room at one time. She is a woman of perhaps forty-two years, and well respected by all who know her. Harry Ault is a cripple, the left leg being stiff, caused from a spell ot sickness several years ago. He has taught school three or four years. He is an industrious young man about twenty-two years old and without a blemish of any kind against his name. Throughout all this trying ordeal he has stood up bravely for what he thought was his duty in defending his mother and his home. Of the occurrence lie has talked but little, save that to his attorneys.

THE FttELiniNARI. Ault Before Squire Chappell Last Wednesday Horning. At eight o’clock Wednesday morning Harry Ault was giveu a preliminary hearing before Squire Chappell. The justice’s office being too small and the weather very oppressive, the court adjourned to the court house lawn, where the trial proceeded. The state was represented by Prosecuting Attorney Cox and his deputy, George B. Ashby, while the defense had Richardson & Taylor, Ely & Davenport, and Posey & Chappell employed. The first witness called was Deputy Coroner Reed,. John Cain, one of the boys employed on the Ault farm testified. Joseph AV. M'loy, father of the deceased, Granville Carlisle, John Danewood, John Ault, brother of the defendant, and Mrs. Elizabeth A»lt, the mother of the defendant, also testified at the examination. Mrs. Ault gave a detailed account of the whole transaction from tho time Miley came home until she went to sleep, and from the time she was awakened by Miley until the shot was fired. In order that a fair and impartial trial may be had The Democrat refrains from giving any of the evidence adduced at the preliminary trial. The state having rested its case, the defense also rested not putting a witness on the stand. Judge Ely, for the defense, made a statement to the court. Squire Chappell then bound the defendant over to the circuit court in the sum of $3,000. Bail was furnished and the young man went home with fils parents. The charge against him will be manslaughter and he will be tried at the November term of the circuit court.

The News. The Drowning of Prentis Keith in White River. Joshua Spraggins, ofPatoka township, Falls into a Well. Bnrrel Pride, a Former Pike Conut; Citizen, Drops Dead at His Home. William Wood and His Suit Against tbe Town at an End. # 1 WENT DOWN. Prentis Keith Gives nf> His Eite to the Waters. News was brought to the city shortly after five o’clock Sunday afternoon that Prentis Keith hail drow ned near Stork’s ferry in White river, and crowds of people were soon drawn to the place where the accident occured. Young Keith, who was about years old, in company with two or three others were in bathing at the place above mentioned, and had swam across the river, which is very wide at that point, and was returning, and when near tbe middle of the stream called to his companions that he was giving out. The others were unable to render assistance because of their long swim. He came up several times, and at each rise made frantic efforts for the last attempt at saving himself, but had to succumb. lie went down the fourth time and did not rise again. He was a man weighing about 180 pounds and is said to have been an excellent swimmer, but bad been swimming quite long distances before his last effort at going across and back again. The water at the point where he went down was fifteen feet in depth.

A large crowd soon collected on the river and boats with searching parties were soon dragging the water for the-»body of the unfortunate young man. The searching party soou located the body in still water and not over twenty teet from where he sank. Pres Church soon diyested himself of his wearing apparel and- wen t to the botto.m and lifted the body to the surface of the water. The body was then taken to the home of his father, Claib Keith, who lives a mile or so northeast of the city. He has been working for Isaac lliggins, and is said to have been an excellent voting man. The funeral occurred Monday forenoon the remains being interred in the Anderson cemetery northeast of the city. Deputy Coroner Reed held an inquest Sunday evening, and his verdict will probably be in accordance With the above facts. NECK. BROKEN. Joshua Spraggins Falls Back In a Well and is Killed Last Friday afternoon while cleaning out a well near Winslow, Joshua Spraggius met instant death. He had finished the work and was being hoisted to the top. when, it is suposed, he was overcome by the “damps” and fell from the bucket in which he was being carried, to the bottom of the well. He was immediately taken out when it was fonnd that his neck iiad been broken and death was instantaneous. He was a well digger by profession, which he had followed lor a number of years. Once before while repairing or digging a well 'he was overcome by^ho “damps,” and was thought to be dead, but recovered. He was nearly 55 years old and was a veteran bf the late war, having served four years. At one time he was captured by the Confederate forces and was marched up and down before the soldiers to show (item what a “Yank” looked like. lie

was a poor man; but a hard worker. His funeral occurred on Saturday last under the auspices of old veterans. FBOffl HEAHT DISEASE. Bnrrel Pride Expires Suddenly trout Orer-Exertiou. News reached this city about noon Saturday that Burrel Pride, residing two miles southwest of Oakland City, in Gibson county, had suddenly expired from heart disease. He had been driving some hogs out of the orchard, which occasioned considerable exertion on his part, and after getting them out went into the house and remarked to one of his sons that he felt as though he would have another, attack. He sat down on the lounge and in a few minutes expired. A doctor was immediately sent lor alter he had intimated about having another attack, but was too late to give the sufferer any relief, the old gentleman having expired before the physician arrived. He was a well-known farmer, having lived in the county many years. He was seventy-five years of age. The funeral oecured on Tuesday and was very largely attended. RECEIVED NOTHING. William Wood’s Case Against the City Decided by tbe Jury. Last Thursday in the circuit court the case of William Wood, the traveling man from Madison, against the Town of Petersburg for damages, came up for trial. The cause was tried by the jury and after hearing the evidence in the case they were instructed by Judge Welborn. They retired to deliberate on their verdict, and in an hour's time returned with a verdict lor the defendant. It will be remembered by the citizens of the city that at .the time when Shawhan & Boonshot were building their present business room on Hie corner of Main and Seventh streets, in May, 1891, a traveling man by the name of William Wood while on his way to the Pike hotel fell into a trench which had been cut for the purpose of laying a foundation. The result of which was that his right leg was broken, lie was taken care of and the limb set. He afterward left for his home when able to travel. The town authorities at one time offered to settle the matter for $1S0 and pay his doctor bill, which he refused. The case has been continued from term to term and is now disposed of.

Thomas Banks, the father-in law of P. A. McCarty died July 9, aged 87 years, at the residence of Mr. McCarty with whom he has been living for the past fitteen years. Thomas was born in Baltimore, Maryland, February 18,1706. and died July 9, 1893, aged 87 years 4 months and 21 days. He was a devout; member of the M.E. church until the time of his death. He leaves a family of six children 2 sons and 4 daughters. They being F. M. Banks of Oakland City, John Banks ot Dayton, Ohio, Mrs. Weaver of Ohio, Mrs. Jehu Pinney,of Princeton, Mrs. Coryell and Mrs. P. A. McCarty of this city. The funeral took place at the residence of P. A. Me Carty at 12 oJ clock Tuesday and the remains were taken to Petersburg and buried at Walnut Hills.— Washington Gazette. The Cumberland Christian endeavor society held a social last Mouday evening at the residence of Mi's. Joe Lory, the occasiou being the departure of Rev. and . Mrs. Yokley lor Tennessee where they will enjoy four weeks visitiDg friends. A hovel feature of the evening was the awarding of prizes for conversation. Mrs. Yokley received first prize as the best conversationalist of the evening and Mrs. Emma Battles received prize for the least talkative person. A large number of endeavorers were present and a most enjoyable time was had. Dr. Wilson McGraw. of Ayreshire, is peculiarly affected. Sometime since in taking 6ome pepsin he is supposed to have swallowed a small piece of glass, since which time he has been seriously ill. On last Friday, physicians from Princeton performed a surgical operation to locate and remove the foreign substance, but were unsuccessful. The doctor has . been the physician it* charge of the. mines at Ayreshire. ti V ; It; • \

Dan Benton A Former Inmate of the County, Infirmary On Trial at Springfield, for Alledged Pension Fraud. Renton Represents Himself ns William Newby, a Veteran Killed at Shiloh. One of the most Interesting Cases Ever Tried in Illinois—Hun. dreds of.H’ituessos. Last week The Democrat made mention of the^fact-that A. W. Witliington, deputy U. S marshal was in the city and had summoned Peter Fair aud Mrs. May Frederick to appear at Springfield, Illinois, to testify in the case in tht federal court, where Daniel Benton, a former inmate had been arrested for fraud in applying i for a pension. Sincevthat time it has developed that the case is without a parallell in the history of the pension department. Daniel Benton was an inmate of the county infim&ry at two different times. lie first appeared here in 1874 or somewhere near that date, aud in that year left the infimary. tiling with him Mrs. Hannah Stewart, another inmate, with whom he journeyed south. To them was born a son, now living. He returned again in ISM), and remained a short time. He stated at the time that Mrs. Stewart had died with yellow fever. Daring the time elapsing Vetvreeu these two dates he served a term of twelve years for horse stealing in Tennessee. He again left the county asylum here on July, 10, J889, taking with him Allic Showers, another inmate, who is now ail inmate ot the Jefferson county asylum. Benton, or Newby, seems to have had a penchant for women, audit is not known just how many women he had during his life-time. As the story goes Newby was believed todiave been killed at the battle of Shiloh, and his widow believing him dead, applied lor a pension, which was granted, aud for the past twenty-nine years she has been drawing a pension as a widow of Bill

Newby. In case the government loses the case ami Benton, or Newby, Wins, he will draw a pension with back pay amounting to something like $20,000. The case is attracting attention all over the country, and it is expected to take several days to try it yet. The following special to the St. Louis liepublic will give some idea of the testimony being produced in the trial. The prosecution has closed its case in the celebrated Newby-Benton trial, and the defense is now having its inning. It is£ perhaps, too early yet to predict what the outcome will be, inasmuch as the defense has introduded only a fewof its witnesses, bat people who have watched.tfce proceedings eloselly, and who know what the government witnesses have sworn to, are unable to see how there can be any other side to the case, although it is expected that many witnesses will testify that the defendant is Bill Newby. In the first place the government has Bill Newby killed at the battle of Shiloh and bur- j led on the field a day or two afterwards by comrades who knew him well. Then it has two brothers and a sister of Newby and others, who knew him well, repudiating the prisoner as a'rank im nosier. It takes up the boy “Rickety Dan” Benton at the age ol say o, 6 or8 years with his mother, Lydia Benton. He is traced from White county, Illinois, into Tennessee, where he and his mother were taken by one Andy Wooten. There Dan grew up, drifting away occasionally, but only for short periods. He was known to the peopleoftheneighborhood and so was his mother Lydia. FinV.Iy he was sent to the penitentiary at Nashville for horse stealing, and remained there for twelve years. Once during his term of imprisonment he escaped . and returned to the home of his mother, ♦here he was captured by one Lem Sawyer,'a guard. When Sawyer went to Lydia Benton’s honse she told him to tal^e the boy back, as he would not remain at home if 1 eft there. Several members of this Sawyer family were employed at the penitentiary in different capacities. They all knew Rickety Dan from childhood, and also his mother,. * .

Lydia Benton, rim son occasionally se at messages by them, mid perhaps by others, to its mother, and UieQaother would send mt siages to the son. He was Dan Benton, tie ion of Lydia Benton, and there was no other pretense. Thus it was until 1SS when he left the penl*. entiary. He was aa inmate of many pot raouses in Tennessee, Ohio, Indiana and II li. lois both before t.nd alter his,incarceration ,n the pen. In these he was registered as v Dan Benton. Tht re s no conflict of testimony as to these fac ,s. They were proven a b~fj iolutely. In one o f these poorhouses he seems \ ;o have become enamored ot a female inms to y now known as Hannah Stewart. They li ft r the institution torrcther and became tramps, j limy did not many, bat she bore him two children. One of these was a son and was I named Dan. Both mother and sc u are here and testifi pd for the government. The prisoner was iJways known to both as Daniel Benton. T io flie mother visited Dan in the penitentiary from time totime, when he was,as elsewheie, Dan Benton. She furthermore testifled tint lie told her that his mother’s name was Lyd la Lueinday Benton. He also always claim 'd to be two years younger than her. As she is now 59, Dan must be, if he told her theltrnt h, 57, which is much younger than Bill New iy would be il alive. There is another woman in the case, a product of the poorbonse in Jefferson couni y, Indiana. Dan tolik i p with her there in 1819, after coming out of tl e penitentiary. She is here and testified tha; she tramped with him, was an inmate of poorhonses with him, a:id he was always turn as Dan Benton, son of Lydia.Bentcn. To this last woman however, be claimed thatjl.ls mother lived in Florica! It is difficult to see how all this formidable evidence of the iroverument is to be ovi r- '>■ turned, but it is br ing attempted. The theory of the defense; is in brief that Bill Newby was np^iHed akl buried at Sldlohas has been supposed by all who know him for thirty years. He was only despera ely wounded in the head and leg, and managed to crawl off the field, He finally recoveied in a measure, but lis terrible wounds demented him and made him “rickety,” just as Dan Benton seems to liavs been. He becatqe an insane wanderer, and drifted about the country, an inmate of pool houses and of the Tt nnessee penitentiaiy, just as*Dan Benton did, Thus he passedJhU ti lie ,3or a! quarter ol a century until finally lie got into the White county poorhouse. Then his reasou paitially returned, and he came to realize that he was Bill Newby. ,Ie went out among his old neighbors and declared himself. He recognized old frier ds and talked in suen a manner of old times, that he convinced many of them that he was really old Bill. li: must be so, they urged, for nobody but Bill Newby could ki>ow t ihe things he spoke of.’ Borne members of' he Newby family, including ids old wife, w ho had long been drawing a pension on his account, received him as genuine. Finally ho himself made application for an original pension, and then hs trouble commenced. An investigation of Ills eJtse resulted in establishing his identit >’ to the satisfaction of the government officials, as “Rickety Dan” Benton and his arrest and indictment lollowed. The government clpsed its ease about 3 o’clock this afternoon and then the introduction of witnesses lor the defense begs n. MosDof them, but not all, had known Bill Newby before the war Those who had tl us known him were called upon to describe rls appearance at the ti ne he enlisted In the army. They attempted to do so, but crossed each other a good deak Some described him as a powerfully bull",, sandy-eomplexioi ed man, which he was if his own brothers and sisters temember him right; others descrii ed him as a large man withnalurk eyes, dark hair and dark completion. The prisoner la tall,slender and very dark. Asked if ttev believed the prisoner at the bar to be I ill Newby all the witnesses declared that they did. Some of them wjre quite dramatic and very emphatie. Some of them were dtspo, ed to harrangue the jury after they had been told to stand aside, and evidenced by their manner that they were pink partisans for the defense. Nearly all of the witnesses declared on cross-examination that they were brought ta regard the prisoner as Newby from con venations had with him since his reappearance. * Some of them, however, claimed to so regard him not only from conversations had w th him, but from his resemblance to the Newby family and their recc llections of the na n. The presumption is that the defense will reserve Its strongest tes timony far the close, when a brother and two sistersof Bill Newby are expected to swear that the prisoner is their brother.

The following items of news n-e taken from th-s 'VTinslow Leader of last Friday. | J, M. Beardsley anti wife transacted bu d- 1? ness at Petersburg last Wednesday. Byron BrenTon, of Petersburg, was on our streets a short time last Saturday evening. Grim & Son#aye sold their stock of drugs to A. J. Thompson.. Warrick Coleman will have charge of the store lor Mr. Thompson Smith Alexander, of Petersburg, was in town Sunday afternoon. W.E. Cox, of Jasper, was in town Monday* an his way to Petersbu rg to attend court. Miss Vickie Pew ers,ol Petersburg, is vis U Ing at this place, the guest of Ed Hamilton The handcar pn he A'elpen section was run. Into by the local freight Monday afternoon, smashing it into unit lerines. The section hands had a narrow escape. Miss Delia McGcwen of Petersburg, visit id here this week, the guest of her. sister. Mis. Frank Lindsey. Dr. Bethell went to Petersburg Monday. Everett Ashby was ir Petersburg last wee t. A. Martin was in Petersburg, last Wedneslay. Ai. Stull, of Petersbuig, was in town Mona lay. Chas. Fetttnger tilted at Petersburg th S, week. George Wilder was at the county cipi nl ilooday. Go to, Thomas Head’s factory f<r jood, bgiok ami lo,w prices.