This newsletter may be freely copied and circulated to anyone looking for his
or her roots among our own. To join the group and receive free updates, just
send me an email with your address and tell me which branch of the family you
descend from or have an interest.
Contents:
1. Biography of
Captain Carson Porter Rodman with my notes.
2. Biography of Dr Samuel W Rodman
3. Notes on the murder of James Rodman in Shelby Co, IL
___________________________________________________________________________
1.
Biography of Carson Porter Rodman (James M, Roseann Cusac, Andrew John)
Source: History of Boone County, Indiana, by Hon. L.M. Crist, 1914.
CAPT. CARSON PORTER RODMAN
This gentleman is another of the old soldiers whom it is a delight to honor.
They are getting fewer and fewer in number and their March is not as quick
and full of meaning and fire as it was fifty years ago when they were
fighting for the perpetuity of the Union, but it thrills one to see them in
their old uniforms, with their tattered flags flying and their forms bent as
they hobble along on their canes at reunions or on Memorial Day or the
Fourth of July. And how interesting it is to hear them tell the story of the
dreadful hardships they endured in the crowded hospitals, on the harrassing
marches, or in the battles and skirmishes, or in the prison cells of the
Southern Confederacy. But their time is short now, so all persons should
join in honoring them for the sacrifices they made when they were young and
full of the love of life, but which was offered free on the altar of their
country.
Capt. Carson Porter Rodman, who, after a very active, useful and successful
life, is living in honorable retirement in his cozy home in Lebanon, is one
of the oldest native-born citizens of Boone county, his birth having
occurred on a farm here October 15, 1835. He is a son of James and Mary (Guysinger)
Rodman, one of the thrifty pioneer families of this county. James Rodman was
born near Frankfort, Kentucky, about 1802, and was a son of John H. and
Nancy1 (Cusic) Rodman. John Rodman was an early settler in the Blue Grass
state, and was of Scotch-Irish descent, tracing his ancestry back to the
sixteenth century in Scotland. He was a farmer in Kentucky and after the war
of 1812 moved near Zanesville2, Ohio, where he lived until about 1836, when
he came to Marion county, Indiana, where he lived with his daughter until
his death3. James Rodman came to Boone county, Indiana, in 1820, when
eighteen years of age, to hunt and trap game and fur-bearing animals then
being abundant hereaway, and it is highly probable that he was one of the
first white men in the county. In 1824 he entered one hundred and sixty
acres here4, which he cleared and developed into a good farm and on this he
established a comfortable home, where he lived until 1839, when he removed
to Shelby county, Illinois5, and purchased two hundred and forty acres, on
which he farmed until 1842, when he was killed by a bully who had a grudge
against him6. He was a strong character, rugged, courageous, hospitable and
honest. Politically, he was a Democrat and in religious matters a Scotch
Presbyterian. He and Mary Guysinger were married in 18247. She was born in
Maysville, Kentucky, in 1805, and was of Austrian descent. Her death
occurred in 1893.
Capt. Carson P. Rodman grew to manhood on the farm and there he found plenty
of hard work to do when a boy. He received his education in the common
schools. When seven years of age he went to live with his uncle at
Zionsville. When the Civil war came on he enlisted in July, 1861, in Company
A, Tenth Indiana Volunteer Infantry8, and was at once commissioned second
lieutenant, and he proved to be a most faithful and gallant officer, having
the good will and confidence of both his soldiers and superior officers.
After the battle of Mill Springs he was ordered home to receive a promotion
to adjutant, appointed by Gov. Oliver P. Morton, and was assigned to the
Eighty-sixth Indiana Volunteer Infantry, which he organized. He was offered
the colonelcy of this regiment but refused on account of his youth. After
the battle of Stone River he was promoted to captain of Company H,
Eighty-sixth Indiana Volunteer Infantry. He participated in about twenty-six
engagements, including the following: Stone River, Dalton, Cave Hill City,
Buzzard's Roost, Resaca, Cassville, those incident to the Atlanta campaign,
Eutaw River, Burnt Hickory, Little Pine Top Mountain, Kenesaw Mountain,
Jonesville, Lovejoy Station and numerous others of lesser note. He
contracted rheumatism and was mustered out of service in November, 1864,
with the rank of captain, and was honorably discharged. After his military
career, Captain Rodman returned to Indiana and began in the milling business
at Clarkshill, which he continued two years, then spent a year near Michigan
City, two years at Goodland, two years at Eugene, two years at Danville,
Illinois9, all the while continuing the milling business. He then
superintended the building of an elevator at Remington, Indiana, where he
remained three years. He spent the next four years in Boone county, having
been appointed deputy county treasurer under S. S. Daily. After his term of
office expired he spent a year in the hardware business. In 1878 he went to
Chanute, Kansas, where he engaged in the milling business until 1880, then
went to Kansas City10, where he continued the same line for three years. We
next find him in Sedalia, Missouri, where he spent two years, then in
Kingman, Kansas, operating a mill at both places, continuing in the latter
until 190711, when he retired from active life, having accumulated a
handsome competency through his industry and good management, having had few
equals and no superiors in the milling business, every phase of which he
thoroughly mastered. When he retired he moved to Lebanon, Indiana12, where
he has since resided in a modern and attractive home, spending his declining
years in comfort and surrounded by every convenience.
Captain Rodman was married on February 11, 1858, to Mary E. Daugherty13, who
was born in Wayne county, Indiana, September 10, 1840, and there she grew to
womanhood14 and received a common school education. Her family was well
known and highly esteemed in that locality. She proved to be a faithful and
competent helpmeet and was always a favorite with a wide circle of friends,
being the possessor of many charming attributes of head and heart. She was
called to her eternal rest August 22, 1895.
To the Captain and wife three children were born, namely: Roland L., of
Corpus Christi, Texas; Luella M. married C. B. Parmenter, and they live in
Kingman, Kansas, Harry C. makes his home in Baltimore, Maryland. On October
2, 1907, Captain Rodman married Mrs. Mary A. Hendricks15, a lady of
refinement and a representative of an excellent old family. Personally, the
Captain is a man of fine characteristics, honorable in all the relations of
life, companionable, charitable and public-spirited, and he has been highly
respected and influential in the many different localities where he has
resided.
1. According to Scott Rodman her name was Roseann not Nancy Cusac
2. John Rodman actually settled in Clayton Twp, Perry Co, OH not Zanesville,
Muskingum Co, OH. The area where he settled was considered part of Muskingum
Co, OH until 25 Dec 1817 when Clayton Twp, Perry Co, OH was formed. However,
Zanesville would have been the largest city close to Clayton Twp, Perry Co,
OH.
3. I believe that it was actually Roseann Cusac Rodman not her husband John.
From the land sales and census records in Perry Co, Ohio John Rodman
probably died between his land sale on 18 May 1827 and 01 June 1830 when the
1830 census was taken. Roseann is found living in Perry Co, OH during the
1830 census. There is no elder male listed in the household. I have yet to
find Roseann's death date and place or where John and Roseann are buried.
4. James Rodman can be found in the 1830 Clayton Twp, Perry Co, OH census.
It is more likely that the date could be 1834. See the below original land
patent records from the Bureau of Land Management Office for James Rodman.
IN0640_.482 #15256 James Rodman 23 Oct 1834 at Indianapolis Land Office, 40
acres, SENW Sec 8 Twp 17N Range 2E Boone Co, IN
IN0860_.090 #25774 James Rodman 20 Mar 1837 at Indianapolis Land Office, 40
acres, SWNW Sec 8 Twp 17N Range 2E Boone Co, IN
The other 80 acres were probably purchased from private individuals. A
search of the land records for Boone Co, IN needs to be done.
5. These original land patent purchases were found at the Bureau of Land
Management Office for James Rodman in Shelby Co, IL. By the 1840 census he
is found in the Shelby Co, IL.
IL2600_.358 #10100 James Rodman at Vandalia Land Office, 80 acres 10 Oct
1840 E1/2SE Sec 34 Twp 11N Range 3E Shelby Co, IL
IL2600_.359 #10101 James Rodman at Vandalia Land Office, 80 acres 10 Oct
1840 W1/2 SW Sec 2 Twp 10N Range 3E Shelby Co, IL
IL2600_.360 #10102 James Rodman at Vandalia Land Office, 80 acres 10 Oct
1840 E1/2SW Sec 4 Twp 10N Range 3E Shelby Co, IL
IL2560_.201 #7854 James Rodman at Vandalia Land Office, 81.24 acres, 01 Nov
1839 E1/2NE Sec 4 Twp 10N Range 3E Shelby Co, IL
It is unclear if these land purchases were made by the same"James
Rodman" however it seems likely that the purchases made on 10 Oct 1840
could have been made by the same man.
6. See following article.
7. It seems more likely that James M Rodman and Mary Guisinger were married
in Perry Co, OH. They were living in Perry Co, OH during the 1830 census.
The IGI has 11 Feb 1830 Perry Co, OH as a marriage date. Needed is a search
of the Perry Co, OH and Boone Co, IN marriage records to determine place and
date of this marriage.
8. Carson P Rodman from Lebanon, IN enlisted as a Lieutenant 2nd Class on 02
Sep 1861 Commissioned in Co A, 10th Infantry Regiment Indiana on 18 Sep
1861. He resigned in Co A 10th Infantry Regiment Indiana on 01 Apr 1862. He
enlisted in 86th Infantry Regiment Indiana as a Lieutenant 1st Class on 18
August 1862 he was promoted to Full Lieutenant 1st Class on 18 August 1862
effective 21 August 1862 (1st Lieut & Adjutant)
Commissioned in Company S, 86th
Infantry Regiment Indiana on 21 August 1862.Promoted to Full Captain on 23
January 1863 effective 26 April 1863 (As of Co. H) Transferred on 26 April
1863 from company S to company H. Resigned on 14 September 1864. He applied
for pension on 25 Nov 1879 (application 326356 #264623) His widow Mary L
Rodman applied for her widow's pension on 18 Sep 1922 (application 1194803
#922695).
9. Carson Rodman can be found in
the 1870 Danville Twp, Vermillion Co, IL census p. 78 his occupation is
listed as a miller.
10. Carson Rodman can be found in the 1880 ED 16, Kansas City, Jackson Co,
Missouri census p. 431A/ 9 where his occupation is listed as a miller.
11. I searched each page of the 1900 Kingman Co, Missouri census and did not
find Carson Rodman. I could have missed him.
12. Carson Rodman can be found in the 1910 ED 5, Lebanon, Boone Co, IN
census (mf roll T624_341) p. 9B. hh 353, 528 North Lebanon St,
Carson Rodman, head, M, W, 74, m2, 2y, Indiana, Ohio, Kentucky, English, own
Income, read, write
Mary, wife, F, W, 67, m2, 2y, 3, 3, Ohio, Kentucky, Mass?, English, none,
read, write
13. Carson P Rodman married Mary E Dougherty 11 Feb 1858 Boone Co, IN (vol.
C3 p. 299 Index to Marriage Records Indiana: Indiana Works Progress
Administration, 1938 - 1940)
14. Mary E Dougherty can be found in the 1850 Boone Co, IN census p. 156/78.
She is 9 years old in the census. Her parents are still found living in
Boone Co, IN during the 1860 census. It could be that she was born in Wayne
Co, IN but "grew to womanhood" in Boone County.
15. Carson P Rodman married Mary Longley Hendricks 01 Oct 1907 Boone Co, IN
(vol. C-14 p. 126-127 Index to Marriage Records Indiana: Indiana Works
Progress Administration, 1938 - 1940)
_______________________________________________________________________________
2.
Biography of Dr Samuel W Rodman (Roseann Cusac, Andrew John)
In the book 'Early life and times in Boone County," 1887 p. 173 Early
Physicians of Boone County
Dr. Rodman was born in
Ohio about the year 1820; came to Boone County when twenty-one years of age;
read medicine with Dr. William N. Duzan of Clarkstown, Indiana. In the years
1845 he commenced the practice of medicine at Eagle Village, where he was
married to Martha Rose in 1847. He built up, in the course of time, a fair
practice in and about Eagle Village, and where he remained up to 1853, when
he removed to Zionsville. He practied there ten or fifteen years, when his
wife died. He again married Mrs. Beemer. He moved to Washington Territory
some ten years ago and resides there now 1887. Dr. Rodman was a
noble-hearted man, full of human kindness first, last and all the time; was
a uncompromising Democrat of the old Jacksonian school. He was a
well-informed doctor and had fair success in his practice, which was at one
time quite extensive. In person he was well made, weighing one hundred and
seventy-five pounds, fair complexion, dark hair and blue eyes. At one time
he was a partner of George W. Duzan, at Zionsville.
In the book, "The Peoples Guide of Boone County, Indiana, 1874, p. 276
Eagle Township
Rodman, S.W.; physician and surgeon; lives in Zionsville. Born in Ohio in
1820; settled in Boone County in 1849, was a Dem. and Presbyterian.
RODMAN & DUZAN; physicians and surgeons; Zionsville.
_____________________________________________________________________________
3.
The James Rodman Murder in Shelby Co, IL (Roseann Cusac, Andrew John)
I found the following notes in the Shelby Co, IL rootsweb list. The messages
were posted by Sherry Mazzetti in 1999. I am including her postings in their
entirety. I have sent her a message and am waiting for a reply.
Date: Sun, 4 Apr 1999 09:25:50, -0500
From: SHERRY MAZZETTI<HJZM01A@prodigy.com >
To: ILSHELBY-L@rootsweb.com
Message-Id: <199904041325.IAA12844@mime2.prodigy.com>
Subject: [ILSHELBY-L] 1842 SELLERS MURDER OF RODMAN
SHELBY LIST SUBSCRIBERS,
This is the first of several extracts on Robert
Sellers Jr.'s murder of James Rodman and some other suits brought against
him during the same period (1842). Original CIRCUIT COURT FILE is at
the Illinois Regional Archives Depository (IRAD) at Eastern Illinois
University and copies of this, or other files, can be ordered from them, I
believe, at reasonable cost. You do need to be specific about case and
date(s), as cases are not indexed.
Will
try to comment along the way to provide continuity (and maybe some ideas)
and will put my comments within brackets [ ]. Some of this is
absolutely necessary, since there are so many papers, and I am still trying
to put them in correct order. Note that James
Rodman was killed on February 12, 1842.
CIRCUIT COURT Shelby County, Illinois
The People of the State of Illinois vs. Robert Sellers
Criminal Indictment for Murder
[The day after the murder, a coroner's jury of inquest was held at the home
of David M. Beck.]
State of Illinois
Shelby County
February 13th 1842
We the Jury after being Duly summoned and sword
acording to law to [unknown word]
excamin the Body of James Rodman Deceased after hearing the evidence in the
case and
excamineng the Body of said Deceased come to the conclusion that James
Rodman came to his Death by being shot by Robert Sellers on the 12th Day of
February 1842.
[Signed] Thomas Steel, Henry Smith, John Green, George Smith, Thomas Page,
Shereman Rose, Henry Bowen, Saml B. Hadley, Jessey Reed, David M. Beck, Wm.
Couch, James Baysil
[One day later, on February 14, Jesse Reed, David M. Beck, and Marthy Ann
Hume posted bond in penalty sum of $200 swearing that they would appear in
the May 4th term of the circuit court to testify on behalf of the people
against Robert Sellers for the murder of James Rhodman. They also gave the
following testimony which appears successively on same sheet. Lots of
peculiar spelling.]
State of Illinois
Shelby County
February 14, 1842
The Testimony of the witness sworn in the case of a
coroners Inquest held over the Body of James Rodman late of said county
Deceased before the undersigned
Justices of the Peace acting as coriner in the above case. Jesse Reed
witness swore I came in company with James Rodman and Robert Sellers on
Saturday Evening the 12th Inst from Shelbyville to John Hamiltons There ware
apearingly in good friendship I heard no desturvence or dispute betwene them
I followed soon after them found James Rodman on the ground in grate agony
the persons present being Mr. Allen Smith and David M. Beck stated to me
that he Rodman was shot and the wanted help I went to them and found It true
hat he was shot in the Brest.
his
Jesse X Reed
mark
David M. Beck witness swore James Rodman and Robert Sellers and Allin Smith
Past my house on the evening of Saturday the 12th Inst I heard no
destervence betwen them untill the past below my house of the Road from
Shelbyville the furst I heard Sellers was off his horse in the Road cursing
[symbol "&" or word "at"] Rodman and swearing he
Rodman had said he Sellars was a coward and his lame hand escused him and he
was rasing a family and he Sellers would see his hearts Blod before that
should be Throwed up to him or his children Allin Smith appeared to wish to
make Sellers Drop the quarrel and go home James Rodman turned off the Road
through the Brush and road round him and went on before Then Robert Sellers
mounted his horse and followed on after Rodman when he had [word unclear] he
had came in the road a head of him they went out of my sight but I heard
Sellers was cursing and abusing Rodman and my son came in state that he
heard a gun and some one was killed I went out and Allin Smith came riding
back and stated to me that Sellers had killed James Rodman I went on down
and found him lieing on the ground shot in the Brest.
[Signed] David M Beck
Marthy Ann Hume witness swore Robert Sellers came to my farthers house on
Saturday night the12th Inst and apeared to be excited stated that he had
killed James Rodman and that he was going to Texcis
[no X but signature appears in hand of transcriber--probably one of the two
JP's listed below]
Marthy Ann Hume
Thomas W. Craddick JP (Seal)
J.J. [possibly F.F.]Page JP (Seal)
[I find the comments about Sellers' "lame hand" interesting.
I suspect that this was an injury, rather than a congenital condition, as
circumstantial evidence in other lawsuits indicates a very physical
job--more about which later. Perhaps during the argument, he was
challenged to a fist fight Rodman, declined, and was angered enough to
commit murder by
Rodman's taunt of cowardice.
This is just a surmise on my part. Apparently there was no great fear that
Robert Sellers would actually go to Texas. Eyewitness Allen Smith first gave
a statement on February 24, 1842, and it appears that it was at this point
that an arrest warrant was made out and executed.]
State of Illinois
Shelby County
This day personally appeared before the undersigned
a Justice of the peace of said County Allen Smith who being by me duly sworn
complains on oath as follows to wit, That on the 12th day of February 1842,
about four miles from Shelbyville on the Vandalia road, in the County of
Shelby and State aforesaid Robert Sellars did then and there in my presence
draw a pistol from his pocket, and deliberately shoot James Rodman, through
the body whilst said Rodman was on his horse, from which wound said Rodman
died in about two hours after he said Rodman was shot by said Sellars and
further saith not. Allen Smith sworn to & subscribed this 24th Day of
Feby A D 1842 Before me Peter Parker JP
[On the same day the Justice of the Peace, Peter Parker, issued what appears
to be an arrest warrant for Robert Sellers. County Sheriff, Peter
Fleming, appears to have made the arrest, as $2.12 « charges for leaving,
milage, returning appear on the other side of this warrant. Peter
Parker also directed that a number of persons be summoned/subpoenaed. The
County Clerk, Joseph Oliver, prepared a number of these directed to the
Sheriff. Since additional charges appear, I assume that they were also
delivered by Peter Fleming. Some subpoenas were issued later. I will provide
list by date, when I sort all out. The following statement by Allen Smith
MAY have been given same, but it is undated.]
A. Smith Witness Evidence 1842
When Left town they appeared friendly, and in going
on they [unsure next word] quarreling, and Sellears threatning to shoot hm
and the witness interfeared and insisted on Sellars not to shoot, and
Sellars Replied to let him [ink blot obscures word] he would shoot him and
gained the pistol against him and hurt him, and then he turned to Rodman and
threaten and shot Rodman while on his horse, and Replied I have shot him.
[near the ink blot, the number 98, raised number 0 followed by a period.
Appears to be extraneous, unless it's intended to be some sort of taunt such
as "For 98 cents, I'd shoot you," which would be similar to our
current, "For two cents, I'd....].
To be continued...
Date: Tue, 6 Apr 1999 19:50:37, -0500
From: SHERRY MAZZETTI<HJZM01A@prodigy.com >
To: ILSHELBY-L@rootsweb.com
Message-Id: <199904062350.SAA16432@mime2.prodigy.com>
Subject: [ILSHELBY-L] 1842 R. SELLERS/J.RODMAN PART 2
SHELBY LIST SUBSCRIBERS,
[I have pretty well finished trying to order the
papers in the case of Robert Sellers. Although it is clear that the
first trial took place at the May term of 1842, even the indictment is not
dated more specifically than that. It appears that the first trial
ended by or before May 24 when there was a flurry of subpoenas and
statements that refer to the reason for asking for a second trial. The
actual sentence from the first trial is only mentioned in the appeal, so
bear with me, as I try to make sense of all. This portion is NOT the
most interesting part of the trial. I also note that I do not have the
Court Docket Record (which is a separate set of files), and it may clarify
the dates for the indictment and might include the actual sentence.]
[Persons clearly subpoenaed February 24, 1842 to testify--clearly before the
first trial. Why, in many instances, is unclear. I have numbered the
groups who were subpoenaed together]
1] William M. Wright, Joseph N. Lewis, George Dye, John Ward, Robert Parish,
John D. Lacy, John Hamilton.
2] Allen Smith, Thomas W. Craddick, John J. Page, Mary Williams, Martha
Hume, Thomas Steel, William Couch
3] William Kellar, Jesse Reed, Thomas Hall, David M. Beck [back of page adds
name of] J.H Drennen
[Persons clearly subpoenaed on the 8th of April, 1842]
5] Martha Ann Hume, Thomas Miller, Andrew Steel, Francis Johnson
[The indictment runs more than 3 pages of muddy handwriting and is EXTREMELY
repetitive, the first half being nearly copied exact twice; in fact, I think
it possible that the lawyer was revising slightly and may only used one
part. Here is the first half.]
Of the May Term of the Shelby Circuit Court in the year of our Lord 1842
State of Illinois}
Shelby County} S.S.
The Grand jurors, chosen, selected and sworn, in
and for the County of Shelby, in the name and by the authority of the People
of the State of Illinois, upon their oaths present, that Robert Sellars, not
having the fear of God before his eys, but being moved and seduced by the
instigation of the devil, on the twelfth day of February in the year of our
Lord one thousand eight hundred and forty two, in the County of Shelby
aforesaid, in and upon one
James Rodman, in [unclear word or two--possibly "then and there"]
being feloniously, wilfully, and of his malice aforethought, did make an
assault and that the said Robert Sellars, a certain pistol of the value of
five dollars, then and there loaded and charged with gundpowder and one
leaden bullet [wich?] pistol, he the said Robert Sellars, in his right hand
then and there had and held, to, against, and upon the said James Rodman,
then and there feloniously, wilfully, and of his malice aforethought, did
shoot and discharge; and that the said Robert Sellars, with the [unreadable
creased words] bullet aforesaid, out of the pistol and chosen there and
then, by force of the gunshot [previous creased and hard to read] sent forth
as aforesaid, the said James Rodman, in and upon the left breast of him, the
said James Rodman, then and there feloniously, wilfully, and of his malice
aforethought did strike, penetrate, and wound, giving to the said James
Rodman, then and there, with the leaden bullet aforesaid, so as aforesaid
shot, discharged and sent forth out of the pistol aforesaid, by the said
Robert Sellars, in and upon the left breast of him the said James Rodman,
one mortal wound of the depth of six inches and of the breadth of once
inch-of which said mortal wound the said James Rodman did then and there
instantly die-and to the Gran jurors aforesaid, upon their oaths aforesaid ,
do say that the said Robert Sellars, the said James Rodman, then and there
in manner and form aforesaid, feloniously, wilfully, and of his malice
aforethought, did kill and murder, contrary to the forms of the statute in
such case in and provided and against the peace and dignity of the same
people of the State of Illinois---
J. Lamborn
Attorney General of Illinois
[The only additive changes that I can find in the next paragraphs is to
state that Rodman was shot in the front of the breast and the lower part of
the breastbone. I note a discrepancy between Rodman's reported instant
death here and the witness report that he suffered about two before dying.
The following is written on the back of the last page.]
The People
vs.}Indictment
Robert Sellars
___________
Murder
___________
a true bill
Wm. Headen
foreman of the
Grand jury
___________
witnesses--
Allen Smith-
David M. Beck-
William Kellar
Ezra Wimer [could be Winer]
Mary Williams
[NOTE: Robert Sellers appears to have had two lawyers, and the history
book gives credit to a sharp lawyer for getting him off. The only
lawyer's name that appears in the record in his defense is Anthony Thornton,
later Judge Anthony Thornton. Anthony Thornton was very well known and
served in the Illinois State Legislature. Although his parents were
Anthony and Mary (Towles) Thornton of Carolina Co VA, he was born in Bourbon
Co KY in 1814. He was almost certainly related to General William
Fitzhugh Thornton of Shelbyville, born 1789Hanover Co VA who married 1795 in
KYAnn McClanahan of Bourbon Co KY. I list this since there was a
George McClanahan who married Elizabeth Sellers in Bracken Co KY in 1820.
Elizabeth was probably the daughter of a (German) Michael Sellers.
Interesting coincidence.]
[It is clear from the Shelby County history book and the appeal record which
will follow next that Robert Sellers was initially found guilty of murder
and sentenced to be executed on June 21, 1842.]
Date: Wed, 7 Apr 1999 20:26:31, -0500
From: SHERRY MAZZETTI<HJZM01A@prodigy.com >
To: ILSHELBY-L@rootsweb.com
Message-Id: <199904080026.UAA19468@mime2.prodigy.com>
Subject: [ILSHELBY-L] 1842 R.
SELLERS/J. RODMAN PT. 3
DEAR SHELBY SUBSCRIBERS,
[In the previous note, I stated that there was no
statement of the sentence imposed on
Robert Sellers. There is, however, a single slip which reads, "We
the jurors find the defendant guilty as charged in the indictment."
It is unsigned and undated. Not absolutely clear that it pertains to
the first trial, but it probably does.]
[In any case, the trial clearly began no earlier
than May 1 and was concluded by May 24, as affidavits that figure in the
appear were taken beginning that day. Since most of the pertinent data
appears in the Supreme Court ruling, I will not reproduce them here.
Anthony Thornton had to work fast. Robert Sellers was to be hanged or
hung (both correct forms) on June 21. The appeal rested on the actions
of one juror, Alfred Howlett. Although four reasons are listed, it all
down to whether he already made up his mind regarding the verdict before
being sworn as a juror. Here is the undated motion file by Robert
Sellers lawyers. Discovered the last name of Sellers' other lawyer in
this paper.]
The People}Shelby Circuit Court May Term 1842
vs} Indict. For Murder
Robert Sellers}
The defendant, by his counselo moves the court for
a new trial, for the following reasons:
1st The formation & expression of an opinion by a juror, against the
defendant, previous to the trial.
2nd Said juror, having sworn, when examined, that he had not formed &
expressed an opinion.
3rd Because said opinion was, that the defendant ought to be hung, in this
case.
4th Because such oath of said juror, when examined, touching his competency,
excluded the right of said deft., to challenge him for cause, --he being at
the time incompetent & disqualified.
Baker & Thornton.
for deft.
[The appeal went to the Supreme Court of Illinois. What follows runs about
eight pages of small print. Approximately the first half is here, with more
to come. Intentional omissions, which are all in the second half, are noted
with ellipsis. For those not familiar with decisions such as these,
the judgment comes first, followed by evidence presented by both sides used
in making the judgment. Finally, the court's reasoning in using the evidence
to make the ruling is presented. Also, for those not familiar with latinate
phrases, venire de novo indicates that a new trial was granted. Finally,
please note that the famous Stephen A. Douglas wrote the Supreme Court's
opinion.]
At a Supreme Court, began and held at Springfield,
on Monday the twelfth day of
December, in the year of our Lord, one thousand eight hundred and forty-two,
to wit: On
Saturday the seventh day of January in the year of our Lord, one thousand
eight hundred and forty-three
Present the Honorable William Wilson, Chief
Justice.
"
" Thomas C. Browne,
" Samuel D. Lockwood,
"
" Walter B. Scates,
"
" Samuel H. Treat,
"
" Stephen A. Douglass,
"
" John D. Caton,
"
" John Semple.
[Names of Browne, Lockwood, and Semple are crossed out.]
Robert Sellers }
vs. }
Error to Shelby
The People of the }
State of Illinois }
On this day came again the said parties, and the
Court having diligently examined and
inspected, as well the record and proceedings aforesaid, as the matters and
things therein assigned for error, and being now sufficiently advised of and
concerning the premises, are of the opinion, that in the record and
proceedings aforesaid, and in the rendition of the judgment aforesaid ther
[sic] is manifest error; therefore, it is considered by the court,
that for that error and others in the records and proceedings aforesaid, the
judgment of the Circuit Court in this behalf rendered, be reversed,
annulled, set aside and wholly for nothing esteemed, and that this cause be
remanded to the Circuit Court, and a venire de novo be awarded.
Opinion of the Court
by Mr. Justice Douglass
At the May term 1842 the Grand jury of Shelby
County returned into court a bill of indictment against Robert Sellers for
the murder of James Rodman. The prisoner appeared and plead to the
indictment, and a trial being had, was convicted and sentenced to be
executed on the 21st day of June 1842.
After
verdict and before sentence, the prisoner moved for a new trial, upon the
ground that Alfred Howlett one of the jurors had expressed an opinion
against the prisoner previous to the trial, and when examined touching his
competency as a juror, testified, that he had formed and expressed no
opinion, in relation to his guilt or innocence. Before the hearing of the
motion for a new trial, various affidavits were read, as well on behalf of
the prosecution, as the prisoner, all of which are embodied in the bill of
exceptions.
Addison Morrow states "that previous to the
trial of the cause, in conversation with said
Howlett on the subject of the guilt of Sellers, he heard said Howlett say
that he believed said
Sellers would be hung, and that he ought to be hung and that nothing could
save him, that salt could not save him." This conversation
occured about three weeks before the trial.
Jacob Kellar states, that "previous to the
trial he heard said Howlett say that he believed said Sellers would be hung
and that there was no law to clean him. This was within three weeks of the
time of trial.
John D. Brewster states that in a conversation with
said Howlett on the same day he was summoned as a juror, this affiant told
him, he had better be careful of the sheriff would
summumons him as a juror, and Howlett replied, he was not afraid fo that, as
they could not make him serve on a jury, and from all Howlett said the
impression was left on the mind of this affiant, that said Howlett had
formed an opinion in relation to the guilt or innoicence of Sellers, and he
could not be made to serve on the jury or the trial of this cause."
Robert Sellers the prisoner states "that he
had not any knowledge either directly or indirectly of the fact, that Alfred
Howlett one of the jurors had expressed or formed any opinion,either for or
against him, in relation to his guilt or innocence, under the indictment or
for the offence for which he has been tried, and that he has been informed
believes, that said Howlett had formed and expressed an opinion but he came
in possession of such information only since his conviction.
Anthony Thornton states, "that before the jury
in this case was impanneled, and during the examination of Alfred Howlett,
on oath touching his competency as a juror, said Howlett stated on oath, as
this affiant understood him, in answer to the general question in such
cases, that he had not formed or expressed an opinion as to guilt or
innocence of the defendant, and that no challenge for cause was made in
consequence of such statement. This affiant further says that as one
of the counsel for the defendant, he did not know nor had he heard till
since the trial of this case that said Howlett had expressed an opinion as
to the guilt or innocence of the defendant, nor does he believe that the
other counsel for the defendant had any knowledge of such expression of
opinion till since the trial."
This is the substance of the affidavits presented
on the part of the prisoner.
On behalf of the prosecution, was read an affidavit
of F.C. Thornton and thirteen others, stating "that said Howlett had
always borne the character of an honest man, and a man of strict truth and
veracity and that from their knowledge of his character, they should place
the most implicit confidence in his statements made under oath."
Alfred Doyle states that "said Robert Sellers
stated in his presence, on the morning of the 26th instant that Alfred
Howlett, one of the jurors who set on the trial had expressed to him,
Sellers, before the trial came on, his opinion as to his, Sellers' case, and
that he ought not to be hung and if he was on the jury he should not be
hung."
James Cutler states, "that since the making of
the affidavit by Robert Sellers who stands indicted in said court for the
crime of murder (which said affidavit states that he, Sellers, had no
knowledge, the jurors in the above case had expressed or formed any opinion
either for or against him, in relation to his guilt or innoicence under the
indictment) said Sellers has stated to him, that he wished to get the
affidavit back, that he did not wish to go before the court, again [word
"again" struck out] that Mr. Howlett had made statements to him,
through the window before he was impanneled upon said jury, as to what his
opinion was."
The
foregoing affidavits contain all the facts upon which the motion for a new
trial was predicated, and present the following questions for the
determination of this court.
Date: Thu, 8 Apr 1999 23:35:00, -0500
From: SHERRY MAZZETTI<HJZM01A@prodigy.com >
To: ILSHELBY-L@rootsweb.com
Message-Id: <199904090335.XAB19178@mime2.prodigy.com>
Subject: [ILSHELBY-L] 1842/3 R. SELLERS/J. RODMAN PART 4
SHELBY SUBSCRIBERS,
[SUPREME COURT RECORD CONTINUED--Decided not to
omit anything,
but the legal precedents may be difficult to follow.]
First whether Howlett was a competent juror, and
secondly, if incompetent, whether that
incompetency under the peculiar circumstances of this case, entitles the
prisoner to a new trial. In the case of Smith vs. Eames, decided at
the July Term 1841, this court say that a juror is disqualified if he has
expressed a decided opinion upon the merits of the case. If within any
qualification whatever a juror says the defendant is guilty, or the like, or
that the plaintiff ought to recover in an action, or that the verdict ought
to be against the plaintiff he would be disqualified, as not standing
impartial between the parties--In Vermilyeas [?] case, the Supreme Court of
New York say, it is admitted that every citizen, whether arraigned for crime
or impleaded in a civil action, is entitled to a trial by an impartial jury.
A trial by jury is justly considered an invaluable privilege but would
become a mocker if persons who had prejudged the case, were admitted as
impartial triers. All the elementary writers, with the exception of
Chitty, lay down the proposition broadly, that if a juror has declared his
opinion beforehand it is a good cause of challenge.
In support of this position, Mr. Justice Wordworth
cites 1 Archibald 181.182: 2 [unsure of letters] 779-780. Bacon title
Juries. Bull N.P. 307: Healis [?] Com Law 138.
Lord Coke (C on Litt 155-6) says he ought to least
suspicions, that is, to be indifferent as he stands unsworn, and then he is
accorded in law liber et legalis homo, otherwise he may be challenged and
not suffered to be sworn.
What is meant by a person standing indifferent?
Manifestly that the mind is in a state of
neutrality as respects the person and matter to be tried, that there exists
no bias for nor against either in the mind of the juror, calculated to
operate upon him: that he comes to the trial with the mind uncommited and
prepared to weigh the evidence in impartial scales 7 Cowan 121.122.
Applying these principles to the case under
consideration, there can be no question of
Howlett's utter incompetency as a juror. It appears from the
affidavits which, for the purposes of this motion, must be taken as true,
that a short time previous to the trial, and on different occasions, he
expressed a decided and unqualified opinion, that the prisoner would be
hung, that he ought to be hung, that salt could not save him, and that there
was no law to clear him.
It would be difficult for any one in the fullness
and richness of our language, to select or invent forms of expression, which
would more clearly or emphatically convey a firm conviction of guilt, and at
the same time exclude all hope or possibility of escape on the part of the
prisoner. They furnish a strong case, and bring it fully within the
authorities cited and hence establish the incompetency of the juror.
But it is said that at the time of the trial the
prisoner knew that Howlett had formed and expressed an opinion as to his
guilt or innocence and having accepted him on the jury with a full knowledge
of the fact, he is estopped from denying his competency.
The only evidence in support of this assumption is
contained in the affidavit of Alfred
Doyle, who heard the prisoner say that Howlett, before the trial told him,
that he ought not to be hung, and if he (Howlett) was on the jury he should
not be hung, and also the affidavit of James Cutler, who heard the prisoner
say, that Howlett had made statements to him, through the window, before he
was impanneled on the jury as to what his opinion was. On the contrary
the record contains the affidavit of the prisoner himself, who denies all
knowledge of Howletts opinion or of the fact, that he had formed one, until
he was sworn upon the jury: and also the affidavit of Anthony Thornton
(prisoners counsel) who denies all knowledge of the fact on his part, and
states that Howlett when examined, touching his competency as a juror,
testified that he had formed and expressed no opinion upon the subject.
We would prefer reconciling these affidavits, so as to give full faith and
credit to each if it were possible so to do, but they will not admit of such
a construction. Two witnesses swear, that the prisoner told them, that
he knew that Howlett had formed and expressed an opinion, and he denies that
he was in possession of any such information.
Of
course we must credit the two disinterested witnesses in preference to the
prisoner.
The case, then stands thus: two or three weeks previous to the trial, the
juror expressed the opinion, that the prisoner would and ought to be hanged.
Subsequently, he went to the jail and told the prisoner, that he ought not
to be hung and that if he were on the jury he should not be hung.
Afterwards, when sworn on the trial, touching his competency as a juror, he
stated that he had formed and expressed no opinion. The prisoner
supposing that his opinion was in his favor, according to his statement at
the jail, or that he was impartial according to his oath in court, consented
that he should serve on the jury. He did serve and find a verdict
against the prisoner, in conformity to his previous statements that he would
and ought to be hanged. If this be a true state of the case, can it be
said that that juror was impartial, that he possessed that moral perception,
that sense of justice, that integrity of character which would qualify him
to pass upon the life of a fellow citizen? It presents the revolting
spectacle of a deep seated malice, concealed under the sacred garb of
friendship destroying its victim by adding treachery to perjury. It is
wholly immaterial, for the purposes of this motion, whether the prisoner be
guilty or innocent. Law, justice and humanity forbid, that he should be
deprived of his life by such means and by a jury thus constituted.
It has always been held as a ground for a new
trial, if a juror pre-judge the case and it is unknown to the failing party
in time to challenge, as in the case of Dent vs. The Hundred of
Hertford. A new trial was granted upon affidavit, that the foreman has
declared the plaintiff should never have a verdict, whatever witnesses he
produced. Graham or new trials p 129.
It is clear upon authority, that if the prisoner
had not known the fact that the juror had formed and expressed an opinion,
he would be entitled to a new trial. Does not the oath of the juror made in
the presence of the prisoner, that he had no opinion upon the subject, bring
this case substantially with this rule? Upon a full view of the facts
of the case as presented in the record, and of the law applicable to those
facts, we are of opinion that
Alfred Howlett was an incompetent juror and that the prisoner is entitled to
a new trial.
In conclusion we feel it due to the juror, upon whose conduct it has been
our duty to animadvert, to say, that there are some things appearing in the
record which would authorize a hope, that his conduct was susceptible of
such explanation as would acquit him of the injurious imputations which the
facts set forth in the bill of exceptions attach to him.
The judgment of the Circuit Court is reversed and a
new trial awarded. I, Ebenezer Peck, Clerk of the Supreme Court of the State
of Illinois, do hereby certify, that the foregoing is a true copy of the
final order of the said Supreme Court and the opinion of the said Supreme
Court there on in the above entitled cause of record in my office.
In testimony whereof I have hereunto set my hand
and affixed the seal of the said Supreme Court at Springfield this twenty
fifth day of March. A.D. 1843
E Peck
C.S.C