In 1868, a junior partner with a famous name catapulted to national attention when he prosecuted an infamous murder case. Aged 35, Benjamin Harrison had distinguished himself as a Brigadier General and as Supreme Court Reporter. However, he earned his political future in the Nancy Clem “Cold Springs Murder” trial. Adapted from Harry L. Sievers’ “Hoosier Statesman” by Benjamin Harrison Presidential Site staff.
The Nancy Clem Case
On Sunday morning, September 13, 1868, the news report of a cold-blooded double homicide shocked Indianapolis. A little after dawn, young Robert Bowman was going after his father’s cows at Cold Springs, a place not far from where 16th street now crosses White River, and found the bloody corpse of Jacob Young, a respected businessman and the half-burned body of his wife, Susan. A half-loaded shotgun was found near the scene, and the couple’s overturned buggy was in the woods less than 50 yards away. Additionally, there was the distinct print of a woman’s shoe – clearly not Mrs. Young’s.
The Presidential campaign all but forgotten, Indianapolis was obsessed with the gruesome murder. Evidence was revealed a little at a time.
On the day before his death, Jacob Young had drawn from the bank $75,000, of which no trace could be found. Also, the woman’s footprint led to a second buggy, whose horse had been “peculiarly shod.” By the end of the first week in October, 2 suspects had been arrested.
William Abrams, a local broker and business friend of Young had purchased the shotgun used in the slaying from a pawn shop the morning of the crime. (Mrs. Young died of a pistol shot, however.) Abrams’ alibi did not satisfy the Coroner’s jury.
Silas (“Sykes”) Hartman was identified as the driver of the second carriage; again his alibi was not satisfactory.
Hartman’s sister, Nancy Clem, wife of a respectable grocer, was the third to be arrested. Unknown to her husband, Mrs. Clem had been engaging in some questionable financial transactions, whether with counterfeiters or with loan-sharks still is not clear. It was established that Jacob Young was one of her principal creditors, and witnesses had seen her riding with the Youngs the afternoon of their murder.
Separate trials were ordered and Mrs. Clem was scheduled to go first before the Criminal Court.
The law firm of Porter, Fishback and Harrison was appointed by the State as prosecutors. Harrison was occupied with the last of his Reporter’s duties, committee work for the Bar Association and political campaigning for U.S. Grant. The burden of the case fell on Fishback’s shoulders.
The jury of the 1st trial (Dec 1 – 19) could not reach a verdict and a new trial was scheduled for early February.
In the 6 weeks between the trials, Harrison completed his obligations and began preparations for the retrial. By far the most difficult task facing Harrison was the smashing of Mrs. Clem’s strongly supported alibi. The state was able to produce 3 witnesses that saw Clem in the Young’s carriage with her brother, Silas Hartman, in the second carriage following them. Mrs. Clem’s neighbor took the stand and testified that he had been bribed to leave the city during the first trial.
Harrison’s closing arguments lasted 8 hours during which time he “hammered mercilessly at the defense’s theory of murder and suicide as nothing more than a ‘remote conjecture made for the purpose of getting the jury to construe it into a reasonable doubt.’”
He then took up the question of perjury – several of the witnesses were bribed to make false statements – and he destroyed Clem’s alibi.
The defense offered a 6-hour summation focusing on reasonable doubt of the circumstantial evidence.
After 48 hours of deliberation, the jury returned the verdict: “Guilty of murder in the second degree.” On the first vote the jury had stood 9 for hanging and 3 for life imprisonment; not one for acquittal.
Nancy Clem’s conviction provided Harrison a respected reputation. The Indianapolis Journal said, ”No prosecution within our knowledge was ever more skillfully conducted… “
Epilogue
The Indiana Supreme Court reversed her conviction. Harrison, on a change of venue to Lebanon in Boone County, got a second conviction of “Guilty of second degree murder.”
Again, the Indiana Supreme Court came to her rescue allowing her to return home after serving a few months’ confinement. Harrison did not give up and managed to prove she had perjured herself during testimony. Nancy Clem went to prison for four years.
Nancy’s brother, “Syke” Hartman was found in prison with his throat slit; it was ruled as a suicide.
William Abrams was convicted and served 9 years in prison until Governor James “Blue Jeans” Williams pardoned him.
Saturday, October 31, 2015
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