The Dugger Slander Trials

The March, 1823 Term of the Greene County, Indiana Circuit Court was presided over by W.W. Wick, with Martin Wines , Associate Judge; Thomas Warnick, Clerk; John Lemon, Sheriff; and Smith Elkins, Prosecuting Attorney. During this Term a famous slander case involving two Stalcup brothers was filed :

"MARCH TERM 1823 2nd DAY -

Isaac Stallcup & Polly Stallcup

vs. Slander Case

James Stallcup & Margaret Stallcup

Comes now the parties by their counsel and for good cause appearing to the Court orders that this case be continued until the next term. and on Motion of the Plaintiff and his counsel--Order that the Plaintiff have and hereby hath leave to amend his declaration. On further Motion of the Plaintiffs' counsel, a time is given for the amending of the same, to wit until the first day of our next term."

Motion: Continuance of Case for Slander:

"Isaac Stallcup & Polly Stallcup

vs.

James Stallcup & Margaret Stallcup,

Comes now the parties by their counsel and for the case shown, this case is continued until next term."

The cause of this Slander suit was, apparently, remarks of Margaret Stalcup that impugned the character of Polly Stalcup. A brief summary published in an anthology of early cases of the Greene County courts, indicates that Margaret had, in effect, called Polly a "loose woman" and a "thief". I am attempting to secure copies of the actual suit and related depositions that may still exist in the Greene County records.

MAY TERM 1824 2nd DAY -

"Isaac Stallcup and Polly Stallcup

vs. Case Slander

James Stallcup and Margaret Stallcup

Come now the parties by their counsel and on Motion, Order that the Plaintiff file his Replication herein tomorrow morning on the calling of the case."

MAY TERM 1824 3rd DAY -

"Isaac Stallcup & Polly, his wife

vs. Case Slander

James Stallcup & Margaret, his wife

Come now the parties by their counsel and the Plaintiff files his Replication to the Defendant's pleas and the two being thereby joined; Thereupon comes a jury to wit: Elias Craunce, Morris R. Barnet, Peter Herrington, John Kelly, William Buckles, John Baty, James Johnston, John Hill, John VanVorst, Robert Baily, John Mason, and William Bland, twelve good and lawful men, householders of the County of Greene, who being elected, free and sworn well and truly to by the issue joined herein and a true verdict give according to the law and evidence upon the oaths do say and find the Defendants guilty and assess the Plaintiff's damage at six cents.

It is therefore considered by the Court now here that the Plaintiffs recover of the Defendants the said the said James Stallcup the sum of six cents as by the jury aforesaid assessed, together with their costs and charges about this suit laid out and expended.

May 23, 1824"

"Isaac Stallcup & Polly Stalcup

vs. Case Slander

James Stallcup & wife

Comes now the following witnesses when being severally sworn claims, their attendance as witnesses in this case, as follows to wit: Christian Wilson seven days and Elizabeth Harvey five days at the rate of fifty centsper day.

This case involved brothers, both sons of early settler Isaac Stalcup (1765-1841). James Stalcup, defendant in this case was a prominent and respected citizen in Greene County throughout his life. Isaac Stalcup, Plaintiff in the case has a less honorable reputation and is virtually invisible in subsequent years, not appearing in any subsequent Greene County Census enumeration, even though he is supposed to have lived there until his death in 1872. Jack Baber, a contemporary, in his 1875 History of Greene County (p.45) recounts how Isaac Stalcup and brother Benjamin were always involved in big fights fired by whiskey at election time. On the same page he recounts the story how Isaac Stalcup, a drinking man, sold his first wife (Polly) to another man for a new fur hat and ten gallons of whiskey. This puts an ironic twist on the earlier Slander Case he filed against brother James & wife for remarks about Polly.

Submitted by:Steven Stalcup

Last updated 22.10.2009