
This article was first published in "Morgan County History and Genealogy Vol. 1 No. 3", the
newsletter of the Morgan County History and Genealogy Association, Inc.
Seventy-five years ago, August 26, 1920, the 19th Amendment to the Constitution was
approved. Women were allowed to assume some responsibility for our government officials and
were extended the right to vote. Five years later a
group of local women made history in Morgan County Circuit Court by responding to a summons
to serve as jurors in
a case set for trial. This was the first time a jury of women had ever been called in the local
courts.
The case at issue was the State against John Lowe of Indianapolis, formerly of Morgan
County, charged with the
illegal transportation of liquor - a common enough problem since the ratification of Prohibition in
1919 prohibited the
manufacture, sale, or transportation of any liquors. However, the case itself was not the
significant issue.
Officials decided to call a female jury and for this purpose 25 or 30 women were notified to
appear. I now quote from
the Martinsville Daily Reporter of 22 Apr 1925: "Consternation reigned in many households and
calls to be excused
began to come in. Sickness and other good excuses released quite a number." One was supposed
to have said "she
just couldn't come in as she had a luncheon engagement." The reporter allowed, however, that
the percent of excuses
was no greater than that offered by men.
Fourteen women reported at the hour specified. As the news reporter smirked, "They came
ready to do or die and
fulfill their obligation as full-fledged citizens." Those appearing were the wives of A. G. Rose, W.
E. Gum, R. W. Miles,
Ray Montgomery, J. S. Hinkle, Harry Cure, Ben Tilford, N. H. Gano, Loren Hadley, Will Farley,
H. H. Nutter, Dewey
Goss, George Allen, and Miss Hattie Cobb.
Who orchestrated the introduction of women as jury members? Was it the special judge,
Fremont Miller, who was on
the bench? Or perhaps young practicing attorney Omar O'Harrow, Morgan County native, born
in Green Township to
Civil War veteran Henry and Rebecca Speaks O'Harrow, who had opened his law office in 1922
and a short time later
been appointed deputy prosecuting attorney? Surely it was not the attorney for the defense,
Centerton native Fred
Steiger? Not when Attorney Steiger pled for continuance of the simple case on the grounds that
the jury had not been
properly drawn. He argued that this was a special jury where the regular panel should have been
used ... that it was
unprecedented in this court to call a female jury ... that sufficient notice had not been given ... that
... that practically
all of the women summoned were members of the Women's Christian Temperance Union (W. C.
T. U.).
Attorney O'Harrow insisted, however, that this was a list of first class jurors, the proceedings
very regular and that
many of the regular panel had been excused.
Judge Miller overruled Steiger's motion for a continuance but granted his request to secure
some of the regular panel.
The sheriff was instructed to do so forthwith and court was adjourned until afternoon.
That afternoon three men of the regular panel, Clyde Schmidt, Wm Guthridge and Wm
Woodward, had been found and
were in the jury box. The sheriff affirmed that he had made a diligent effort to find enough
regular jurors but, alas,
three were all he could locate. (Did the sheriff also want an all-woman jury?) Judge Miller then
told the officer to fill
the jury places with qualified citizens, and the female foot was in the door. Twelve citizens were
in the box; they were
sworn in and Attorney Steiger began the questions.
Many women were challenged by the defense on the grounds that they were not either a
freeholder, one who owned
real estate, nor a householder, one who was head of house. The ladies were not considered
acceptable because they
were only spouses of the head of house. Numerous questions were asked to test their interest in
the liquor laws. One
lady admitted interest in the 18th Amendment which established Prohibition and was challenged;
however, the judge
overruled.
Each side could excuse three jury members and Attorney O'Harrow promptly dismissed the
three men. Attorney
Steiger requested the jury leave the room while he filed his numerous objections and protests.
The judge ruled the
case be continued to the next morning and asked that the sheriff once again try to secure a regular
panel.
When court convened the next morning, Steiger resumed his fight to save his client John
Lowe, charged with violating
the liquor law, from a trial by a jury of women. Weary and red-eyed from a night's work
summoning members of the
regular panel, the sheriff produced five males who took their places in the jury box. The vacant
seven seats were then
taken by the women.
Attorney Steiger was not content. He called County Clerk Stanton to the stand and
questioned him about the laws
relative to the drawing of the jury. The sheriff was then called and questioned, apparently in an
effort to show that he
had not proceeded with due diligence and was biased in the case. Fortunately, Judge Miller had
reached the end of
his patience and overruled. He said that there was no longer a law requiring a man to be tried by
twelve men and
ordered the case resumed.
Mrs. Elizabeth Gano, wife of Nixon Gano and president of the local W. C. T. U. for 17 years,
was excused by the
defense along with Mrs. Rose and Mrs. Jenkins. Replacing them were Mrs. Dewey Goss, Mrs.
Loren Hadley, and Mrs.
H. H. Nutter. With these changes the jury was accepted and the trial began. The jury retired late
in the afternoon and
brought forth a verdict of acquittal at about 10:00. Apparently the witnesses for the State
changed their stories on the
stand to the opposite of their sworn statements, and Mr. Lowe was free.
The more significant verdict was that the women acquitted themselves with credit and proved
to be just as qualified to
serve as jurors as any man.
Each woman called to play a part in this mini-drama of history was a highly-respected, stable
influence in the
community, some in ways more highly visible to the public eye and some in the more usual role of
the times,
supporting their husbands.
Hattie Cobb, a maiden lady, daughter of James and Nancy Tucker Cobb, born near
the close of the Civil War in 1864,
was active in church and club affairs. Literary Club, Denominational Garden Club and Hospital
Guild were among her
interests. She was a cousin to Byron and Katherine Burton.
Elizabeth Jefferes Gano, daughter of Abraham and Edith Fellows Jefferes, married
Nixon Gano in 1891 and moved to
Martinsville in 1900. Her work with the Temperance Union was well known.
Ida Kiefer Ellis, wife of John Ellis, was widely known throughout the county,
having been associated in the farm
implement business with her father. Born in 1869 to Julius C. and Mary Hastings Kiefer, she was
a charter member of
the local Eastern Star Lodge. She was the mother of Mrs. K. L. Dickens and Julius Ellis.
Bertha Johnston Rose, born 1871 in Chicago, became Mrs. Aaron Gilbert Rose in
1898 and moved to Martinsville.
She was a charter member of the Women's Club and of the Department Club. She was a forceful
organizer and one
who left her mark on the social life of the community.
Laura Sims Jenkins, wife of Luther Jenkins who owned a men's clothing store, had
moved to Martinsville about 1906
from Kentucky and became an active member of a number of civil and church organizations. Her
daughter Rhea
became the wife of Frank Adams and lived for years on Burton Lane. Their daughter Martha Lou
Adams married
Henry Youngblood and lives now near Monrovia.
Lora Johnson Allen, wife of attorney George Albert Allen, was active in Eastern
Star and Republican clubs. She was
the mother of Pauline Caldwell, who, with her father, practiced law here for some time. A son,
Col. Albert Allen, still
lives in the area.
Laura Drake Tilford was the wife of Benjamin Tilford who was associated with
Home Building Association and also
a registered pharmacist. She at one time had assisted in the family drugstore, and the couple was
active in
Democratic politics. She was the daughter of Amos and Martha Bryant Drake, born in 1861.
Her great-niece was Mrs.
Cleo Merideth; her nephews were the doctors Paul and Hugh Williams.
Camille Taylor Miles came to Martinsville about 1917 where Mr. Miles became the
owner of the Morgan County
Abstract Company. Their daughter Ruth Miles was well known as the supervisor of the Art
Department in the local
schools.
Callie Cunningham Nutter, wife of Huitt H. Nutter and daughter of Ben and Emily
Stout Cunningham, had served as
deputy while her husband was auditor of Morgan County. She was from an old pioneer family of
Jefferson Township
and was active in the Christian Church.
Ethel Montgomery, wife of First Christian Church Pastor Ray Montgomery, came
to Martinsville in 1916 and left in
1926 for Vincennes, where the couple served for 32 years.
Forest Hollingsworth Hadley, wife of local grocer Loren Hadley, was born near
Crown Center and was the daughter of
Fremont and Ann Felkins Hollingsworth. The Hadley grocery was located on the southwest
corner of the square just
north of the current post office.
Ruth Walters Goss, the daughter of John and Rosa Peterson Walters, was born in
1898. She married Dewey Goss Sr.
in 1920. She later managed the Martinsville License Branch for 13 years and owned the Goss
Insurance Agency. She
was a charter member of Kappa Sigma Sorority and was active in the Republican Party National
Federation for
Women, American Legion Auxiliary and numerous other clubs for women.
Lura Buis Farley, born in 1888 in Putnam County, was the daughter of Reason and
Luetta Hill Buis. She was active
in the Presbyterian Church. Her husband was a mechanic employed for many years at the
Hendrickson Ford Company.
Pearl Cox Hinkle, daughter of Fidelus and Althea Cox, was born in 1880 at
Brownstown. She was the wife of Dr.
James S. Hinkle. He was a house physician at Martinsville and Barhard Sanitariums, and Pearl
was widely known for
her gift and antique shop at 459 E. Morgan St. She was also a talented organist and pianist.
Their daughter, Martha,
was the wife of Donald Mosier.
As you can see, all of the women were from prominent, well-established families. They were
leaders in the social and
cultural fabric of the community. Each one of them had the courage to step up when called upon,
and for that we
salute them.
30 September 2000