Note: This blog post is also featured in the inaugural episode of my new podcast, Yesterday's Indianapolis, available through Apple Podcasts and Spotify.
Calvin Fletcher came to Indianapolis in the fall of 1821, when the city was still in its infancy, and before it took on the mantel of the seat of government for the state of Indiana. Fletcher had previously read the law while residing in Urbana, Ohio starting in 1817, and upon his arrival in Indianapolis became one of the first practicing attorneys in the new town.
Recognized as one of the town's prominent early citizens both because of his early arrival in the city and his professional civic pursuits, Fletcher was also a constant diarist, maintaining a regular diary from the time he moved from his parents’ home in Vermont to his death shortly after the Civil War. Covering some 9 volumes, the diary is a massive read and provides fascinating insights into the early practice of law in the state, and life in frontier Indianapolis. It also provides a revealing look into the mind of a man who from the outside was respected as one of the city’s premier jurists, but on the inside, harbored significant doubt about his own legal abilities. Fletcher also often wrestled with a disinterest in the practice of law and frequently wrote about his plans to separate himself from the legal profession and focus on his agricultural interests based on his significant land holdings throughout Marion County and around the state.
Fletcher’s legal practice was generally centered around civil matters. While criminal cases were not his specialty, that area of the law was not unknown to him, and Fletcher had served as prosecuting attorney in Marion County in 1822, and then for the 5th Circuit in 1825, during the early years of his practice. Most notably, he served as one of several attorneys retained to defend the white settlers accused of killing a party of Native Americans along Fall Creek near Pendleton in 1824. Called the Massacre on Fall Creek, it was one of the early instances of white settlers being tried for crimes against Native Americans
By the mid 1830’s, Fletcher’s practice was predominately in the civil arena, including a very lucrative collections practice. During his first decade and a half in Indianapolis, Fletcher had risen to be one of the city’s most prominent attorneys. Possibly the result of this reputation, he noted in his diary entry for March 23, 1837, that he and Hiram Brown, another local attorney, had been retained to represent “several Irishmen-one of whom is indicted for murder by the name of Finch-one for theft with intent to commit murder.” The Indianapolis Indiana Journal newspaper reported on the crime in its March 25, 1837, edition: “On Saturday last a fight of a serious character took place on the line of the Central Canal, 4 or 5 miles north of this place, in which one individual was killed and two others were badly wounded. The combatants were all Irishmen.”
The 'Finch' referenced by Fletcher was Thomas Finch, one of many Irish immigrants who had been hired to work on various internal improvement projects, including roads, railroads, and canals, resulting from the Internal Improvement Act which became law in 1836. Finch was working on the Indianapolis Division of the Central Canal, which was being constructed from Broad Ripple into downtown Indianapolis, and eventually, to the Bluffs on the White River south of Indianapolis, near present day Waverly. The contracts for this section had been awarded in October of 1836, and the winning contractors are listed below:
The Journal noted that the victim of the crime was a man named Sheridan, a contractor on the canal. The Journal further reported that “[t]he persons charged with the killing and outrage were immediately arrested, and, as our court is now in session, it is presumed that the affair will shortly assume the form of an indictment.” Sheridan was one half of the partnership of Divine & Sheridan, who held the contract for section 6 of the Indianapolis division of the canal. This section would have been in the stretch of the canal around Butler University, and north of Fall Creek. The map below, from 1855, shows the stretch of canal from the Butler University area to around Riverside Park, just north of Fall Creek.
The indictment, cited by Fletcher and the Journal, was filed in Marion Circuit Court on March 25, 1837. I obtained a copy of this, and other court documents form the Indiana State Archives. The indictment, which can be viewed, provided additional detail about the alleged crime:
“…that Thomas Finch late of the said county of Marion laborer not having the fear of god before his eyes but being moved and seduced by the instigation of the devil, on the seventeenth day of March, in the year of our lord one thousand Eight hundred and thirty seven, with force and arms, at the county aforesaid in and upon one Michael Sheridan, a reasonable creature in living in the peace of god and the said state of Indiana then and there living, feloniously, willfully, unlawfully, and of his malice aforethought, did make an assault…”
Finch apparently used a wooden club as his weapon, which the indictment also described in great detail as being the “…length of three feet and of the thickness of three inches and of the width of three inches.” With the club, Finch “…then and there feloniously willfully, unlawfully and of his malice aforethought did strike and beat, and that the said Thomas Finch with the said club, of wood so in his right hand had and held as aforesaid, the said Michael Sheridan in and upon the left side of the head near the base of the scull [sic].” Sheridan suffered a fatal wound, and died the following day, March 18, 1837. A copy of the indictment can be viewed at the link below.
Fletcher’s diary is silent as to the remaining defendants referenced in the entry from March 23, 1837, and his focus was centered on Thomas Finch. The case apparently caught the attention of a local Catholic priest, who, as described by Fletcher, called on him at his home “to enquire about the aid necessary for a catholic in jail for murder [Finch].” Fletcher seems to have taken pity on Finch, and described him as being of “common grade” but with “great vivacity & apparent good intintion [sic] & indeed with a good character.”
Despite his prior experience with criminal matters, and his time riding the circuit upon arriving in Indianapolis in the 1820’s, Fletcher’s entries related to Finch’s case and the impending trial are replete with internal self-doubt about his skill and ability to represent his client.
He noted at one point that “I feel the great responsibility that rests upon me in this cause. Altho’ associated with a partner capable in the law yet I feel & know of the 2 I am looked upon as the senior.”
Realizing his possible deficiencies in criminal law, Fletcher’s trial preparation included consulting with what today would likely be described as hornbooks, or practice guides. His diary on July 11, 1837, states “I have this day been examining Roscoes ev[idence] on criminal cause,” a reference to a treatise published in 1836 titled A Digest of the Law of Evidence in Criminal Causes.
titled That same day Fletcher lamented that “I have not advanced as far in the examination of criminal causes as I expected. I fear I shall not be well prepared.” Fletcher’s trial preparation continued with a diary entry from July 12 describing his review of an additional treatise, and he and his co-counsel’s investigation into the case, as well as his thoughts on the weather for this day: “I have been examining Russel on crimes in refferance[sic] to the case of Thos. Finch. Went with H. Brown Esq. to examine the ground where Finch Killed Sheridan. Very warm.” Footnotes contained in the Fletcher diary indicate that the source being examined by Fletcher was titled A Treatise on Crimes & Misdemeanors by William Oldnall Russell, a British barrister who first published the work in 1819. An American version was published in 1824, and several updated versions were released in United States over the next 20 years.
Unfortunately, no additional detail is provided regarding the attorneys’ visit to the scene of the crime, aside from Fletcher’s nonchalant observance of the temperature that day. Fletcher continued his trial preparations, including a notation on July 16, 1837, that he was feeling “much disturbed” regarding the prospect of the upcoming trial. On July 18, 1837, the day before the trial was to commence, Fletcher’s diary finally provides some additional details from the case: “Engaged in court & my mind as much if not more than usual, engaged in the subject of the expected trial of Thomas Finch, a young Irish man who is charged with killing one Michael Sheridan, in a riot at one Pendervills shanty on the canal about 5 miles from town on St. Patricks day (March 17 last).”
The “Pendervills” referenced by Fletcher was Edward Penderville, who was the contractor for Section 5 of the Indianapolis Division of the Central Canal, which was adjacent to the section worked by Sheridan & Divine. The latter partnership was on Section 6 of the canal, meaning Penderville’s section was upstream, or closer to Broad Ripple. Below is a certification of work done by Divine & Sheridan on Section 6. No date is listed, but the certification is signed by T.A. Morris, the chief engineer on this section of the canal.
The incident which resulted in Sheridan’s death was known as an “Irish Fight,” a relatively common event on the various internal improvement projects being constructed around Indiana in the late 1830s. Most of the workers on these projects were Irish immigrants, who had traveled west in the United States following the construction projects. Generally, there were two groups of Irish workers: the Fardowns and the Corkonians. Both groups were predominately Catholic, but harbored ill will towards each other and competed for work along the canal lines and on the other project sites. The Fardowns were from the northern part of Ireland, while the Corkonians were from the southwestern part of the country. This incident along the Central Canal was one of these Irish Fights. The original report in the Journal from March 25 provided some additional detail about the fight:
Continuing with the case, jury selection for State of Indiana v. Finch took place on July 19, 1837. Fletcher identified three members of the jury, John Williams, Hervey Bates, and a Col. Johnson, and observed that of the three, Williams and Bates were “first old citizens” of Indianapolis, and “all three respectable intelligent men of the first order with good practical sense.” Bates in particular was an “old citizen,” and had come to Indianapolis in 1822 and had been the first sheriff of Marion County. The reference to John Williams may be an error by Fletcher, or the editors of his diary. Fletcher may have meant ‘John Wilkins’ a local entrepreneur, who, as will be discussed later, is subsequently identified as a member of the Finch jury. William Quarles prosecuted the case on behalf of the state. William Wick was the presiding judge. Wick was a prominent jurist in Indianapolis and the state as a whole and has presided over the 1824 trial following the Massacre on Fall Creek described above.
Fletcher and Hiram Brown represented the defendants although it is not clear if Brown was assisting with Finch's defense or was representing another defendant. While Fletcher was representing Finch, his diary and court records do not reveal who exactly was representing the remaining defendants who faced lesser charges than Finch. Fletcher references Ovid Butler, his law partner and founder of today’s Butler University, as assisting in the summation portion of the case on behalf of the defendants, but beyond that, the extent of his involvement is not clear.
Whether opening statements occurred is not noted in Fletcher’s diary, nor are the arguments noted in the available case records contained in the Indiana State Archives. Fletcher’s diary entries provide little information during the first few days of the trial, and only documents that one or two witnesses were examined the same day as jury selection, but those individuals are not identified. The next day, July 20, 1837, featured additional testimony, and on Friday, July 21, the defense rested its case. Fletcher addressed the jury for a closing statement, although his diary again reveals his inner anxiety. He noted that “[a]s usual I was but poorly prepared. Here I would remark that that the best efforts I have usually made have been upon reflection and study & much regret that other pursuits have deprived me of the necessary time to improve myself in the frorensice [forensic] addresses.”
In spite of his claimed short comings in criminal law and forensic matters, Fletcher presented a 3 1/2 hour closing argument on the morning of Saturday, July 22, 1837. Fletcher detailed that “[i]n my remarks I succeeded nearer what I would wish & have always been ambitious to obtain than I ever did before to my recollection.” He concluded his closing at about 12:30 pm. His co-counsel, Hiram Brown also presented a closing argument, which took another two to three hours, followed by William Quarles for the state.
A record of the closing statements presented by counsel has not been located in either State Archives or Fletcher’s papers. However, from Fletcher’s diary, it appears his strategy was to frame the alleged crime as manslaughter, where Finch killed Sheridan in defense of himself and his boss, Edward Penderville. In describing his closing statement, Fletcher noted that “[i]n this case I had for my client a young Irishman of good countenance-a warm heart who from his friendship of his imployer[sic] while he apprehended great danger killed a man who was not at the time offending him but from who the prisoner apprehended great bodily harm.”
Fletcher’s diary provides that the court adjourned not long after the closing arguments and then reconvened after nightfall, at which time Judge Wick “delivered a splendid charge, but not calculated to aid the Jury much in coming to any definite conclusions.” Fletcher had returned home (the family was residing close by, on Ohio Street between Alabama and New Jersey) and had fallen asleep when the jury returned with a verdict around midnight. He was awakened by his wife and returned to the courthouse. Fletcher noted that he had represented Finch “almost without fee or reward,” and that during the trial “I took in that time no kind of stimulant whatever & eat very sparingly. I arrived stimulated on an occasion of the kind-made a failure I believe in consequence.”
That failure was that Thomas Finch was found guilty of manslaughter, although he avoided the more serious murder charge contained in the indictment. The available Marion County court records for this matter contain a brief verdict document (below) noting that the jury found that Thomas Finch did unlawfully “kill and slay Michael Sheridan.” The jury sentenced Finch to five years imprisonment, and a fine of $100.
Aside from the initial coverage of the fight and murder on March 25 in the Journal, no reference to the trial has been found in the various newspapers publishing at that time.
For Fletcher, the trial had been exhausting. The day after the verdict was rendered, a Sunday, Fletcher noted in his diary that “I never have been much more fatigued & worn out.” For an entry for the following day July 25, 1837, Fletcher wrote that “I felt very little like doing much, I felt no disposition to tend to business. Indeed had I been highly stimulated for the last 4 days I could not have felt worse.”
Following the trial, Fletcher continued his legal practice and partnership with Ovid Butler. In addition to Butler and Fletcher, their small firm would also add attorney Simon Yandes, himself a member of a dominant early Indianapolis family, to their firm in July of 1839. Some year’s later, Yandes would write about his recollections of Fletcher as an attorney. While no mention of the Finch trial is made by Yandes, he noted that Fletcher would “investigate a case to the buttons,” and was “specially strong in cross examining witnesses.” However, despite his skills, Fletcher’s diary reveals a desire to move beyond the law and pursue agricultural endeavors via his extensive land holdings in and around Marion County. By the mid 1840’s, Yandes had left their firm, and Fletcher and Butler were dissolving their partnership, and in the process of winding down their practice. While Butler would continue to practice law for a few more years, Fletcher’s primary business interests would eventually turn primarily to banking and farming, with an occasional dabbling in legal matters.
As for Finch, no further mention is made of him, or the trial, in Fletcher’s diary. State prison records note Finch as an inmate at the state penitentiary in Jeffersonville. Interestingly, it appears that he may have attempted an escape in 1838, although the note in the 1839 prison census, below, may have been associated with the inmate under his entry. Click on the photo below for an enlarged view.
Finch remained in Jeffersonville until 1840, after which time his name disappears from the prison census. Records in the Indiana State Archives reveal that Finch was pardoned on May 15, 1840, by Governor David Wallace and released. The petition in favor of a pardon, or reprieve, was initially submitted by two groups: first, members of the jury who heard the case, and second, a group of Marion County officials.
The jury letter was signed by several individuals, beyond just the three identified by Fletcher during the trial. Unclear whether the signatories included the members of the grand jury who issued the original indictment in addition to the trial court members. The other letter was signed by prosecutor William Quarles, Adam Wright, a Marion County judge, and R.B. Duncan, the longtime clerk of the Marion County Circuit Court, and the sheriff of Marion County. The letters from both groups were addressed to "His excellency" David Wallace and are very similar in content and phrasing. The writing appears to be the same in both letters, save the signatures, although there is no indication, either in the letters or local media, who was leading this effort to free Finch. The letter issued by the various officials is shown below. Note the reference to the "Irish Fight" highlighted in yellow.
Additionally, a few dozen citizens of Marion County also submitted a petition for Finch’s release. Near the top of the list was Thomas A. Morris, the former chief engineer of the Central Canal, and future Civil War general and railroad magnate. Interestingly, Fletcher’s signature does not appear in the pardon documents. Census records from southwest Ohio in 1850 and 1860 note a Thomas Finch of Irish background, and a similar age (the pardon documents indicated Finch was around 19 years of age at the time of the incident) working as a laborer/farm hand in that state.
There is a bit of inconsistency in his age versus what appeared in the 1840 prison census above, but that was not unusual with census records of the time. Considering the proximity of this area to Jeffersonville, Indiana, the latter of which is just down the Ohio River from this part of Ohio, I think it is possible that this is the same Finch. Of course, Thomas Finch seems like a rather common name, so one cannot say for sure.
Sources:
Special thanks to the Indiana State Archives for providing the records for Thomas Finch's trial and pardon. The scans of these documents provided invaluable information about Finch's case.
State v. Thomas Finch, criminal trial documents, Indiana State Archives
Thomas Finch Gubernatorial Pardon Documents, Indiana State Archives
Indiana State Archives, Central Canal Work Certifications, STK - 16 - O - 03
Perry, J. M. (2013). The Irish Wars: Laborer Feuds on Indiana’s Canals and Railroads in the 1830s. Indiana Magazine of History. Retrieved from https://scholarworks.iu.edu/journals/index.php/imh/article/view/19949
1850 and 1860 United States Census Records
1839 General Assembly Report, State Prison Census
Gayle Thornbrough, ed. et al, The Diary of Calvin Fletcher (Indianapolis: Indiana Historical Society, 1978), vol. 1.
Murphy, David Thomas. 2010. Murder in Their Hearts: The Fall Creek Massacre. Indianapolis: Indiana Historical Society Press.
Condit, Wright & Hayden. Map of Marion County, Indiana. Cin. O.: Middelton, Wallace & Co., lithos, 1855. Map. https://www.loc.gov/item/2013593172/.
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