history.gif (1327 bytes) The State of Indiana vs. Clay Davis (sic), Jane Enlow, Abby Enlow and Andrew Enlow


[FILED June 6, 1887]

The State of Indiana
vs.
Clay Davis [sic], Jane Enlow
Abby Enlow and Andrew Enlow

Kidnapping

May 29th 1887.  this day came John Flanagan and filed his affadavit charging Clay Davis with the crime of kidnapping, and also charging Jane Enlow, Abby Enlow, and Andrew Enlow as accessorys before the fact, and thereupon I issued a warrant against the defendants and delivered the same to D. T. Burr, Constable of Oil Township.  May 31st 1887:  The warrant was returned by the Constable indorsed, came to hand May 30th 1887.  I arrected Jane Enlow, Abby Enlow and Andrew enlow and have them in Court.  Made diligent search for Clay Davis but failed to find him.  D. T. Burry, Constable; fees on warrant $2.35.  May 31:   Issued a Subpoena for the defendants' witnesses, to whit:  Samuel Enlo, Sr., Samuel Howard, Francis Enlow, Eliza Stroud, Nancy A. Davis and Samuel Enlow, Jr. and delivered to D. T. Burr, Constable.  Also same day issued a subpoena for witness for the State, to wit:  Anna Flanagan, Sr., Anna Flanagan, jr., Briget Cunningham, John k Riley, Wm. Donley, Otto Faulkenbergh, Barny Lyons, and John Miller, and delivered as above the subpoenas, both returned duly served by reading to all

may 31st, 1887.  The parties being present, the witnesses were sworn and examined.  m. Land and T. C. Duffin appeared for the procesction and C. T. Myler for the defense.  And after hearing the testimony it was thought the defendants were guilty.  And the said Andrew Enlow was released during good behaviour and Jane Enlow and Abby Enlow were recognized to the Perry Circuit Court.

George Feltner, J. P. (seal)

State of Indiana
County of Perry. ss.

I , George Feltner, a Justice of the Peace of Perry County, do hereby certify that the above is a full and True and complete copy of the proceedings had before me in the above entitled cause as taken from my docket, all of which I transmit with all the papers in the case.  Given under my hand and seal this 2nd day of June 1887.

George Feltner, J. P. (seal)

State of Indiana
County of Perry. ss.

John Flanagan swears that on or about the 29th of May 1887 in said county Clay Davis [sic] as affiant verily believes did forcibly and fraudulently decoy and carry off from her house his daughter, Anna, against her will and contrary to law and against the peace and dignity of the State of Indiana.  And the said Jane Enlow and Abby Enlow and Andrew Enlow were accessory before the fact by aiding and encouraging said felony to be committed.

John Flanagan

Subscribed and sworn to before me this 30th day of May 1887,

George Feltner, J.P. (seal)

County of Perry.  ss.
Oil Township

The State of Indiana to any constable of Oil Township in said county:  You are commanded to summon Samuel Enlow, Samuel Howard, Francis Enlow, Eliza Jane Stroud, Nancy Ann Davis [sic], Samuel Enlow, Jr. to appear before me at my office in said Tp. at forthwith, then and there to be examined and the truth to speak in behalf of the defendant in a certain action pending before George Feltner, a Justice of the Peace as herein the State of Indiana is plaintiff and Jane Enlow, Abby Enlow and Andrew Enlow are defendants and have then and there this writ dated May 31st 1887.

George Feltner, J. P. (seal)

STATE vs.
Clay Davidson
Jane Enlow
Abby Enlow
Andrew Enlow

Kidnapping

ON THE WITHIN TESTIMONY WE, THE GRAND JURY, FIND A TRUE BILL AGAINST CLAY DAVIDSON FOR KIDNAPPING AND RAPE.

    Anna Flanagan:

My name is Anna Flanagan - 22 4th last Jany - Line in Oil Township, Perry Co. Ind.  On 25th or 26th May Abby Enlow came and asked me which one of us girls was going to stay at home from church next Sunday.  I said I would and she when home.  On Sunday I and my two brothers stayed at home from church.   My brother John had gone to the corn field and Andrew Enlow came to the house, and told my brother James (who was still at the house) that the fence was thrown down and the hogs were about to get in the corn, and if he would go he (Enlow) would go with him and help put it up.  My brother James & he went away together.  I went up stairs, and hearing someone walking down below (I thought some of the neighbors was there) and I came down.  And Clay Davidson met me at the door.  He was masked with some kind of a black cloth over his face, and his coat was turned, and he had a revolver in his hand and one sticking out of his pocket.  He took hold of me by the arm and said he had killed a man and wanted me to go out and see him.   I said I did not want to go, and said he'd kill me if I didn't.

He took me by the arms and pulled me from the house pointing the revolver at my head.  At some distance from the house, about 150 yeards, he tied my hands behind me, with tarred twine and tied a handkerchief over my mouth and said he had 14 balls and he would put them every one into me if I said a word.   He then took me about 25 steps into the woods and otherwise mistreated me.   Then we went farther into the woods.  He kept me in the woods from about 9 o'clock on Sunday morning until about 6 o'clock on Monday morning, when he tied me to a tree, my arms being tied behnd me and around a small tree.  During the time we were in the woods he forced me by threats and forced to submit to his having intercourse with me five or six times.  When he left me tied to the tree he said he was going to get something to eat and if I made any noise or halloed he would shoot me.  I saw the side of his face and eyes and I know it was Clay Davidson.

Robert Donally and Roddy Riley, two young men, came to me first.  I heard their voices and called them.  This was five or ten minutees after Davidson had left.  Davidson came running back past me and I heard the young me coming, and they shot at Davidson as he ran.

I was bare footed and bare headed all the time.

 

Anna Flanagan, Sr.:

I went to Jane Enlow and asked her if she knew anything about my girl, and she told me that I need not be uneasy about her, that she had gone off with a young man - Clay Davidson -, that he intended to marry her, and had the license in his pocket and had plenty of good clothes for her; that they would likely marry this evening (that was Sunday evening, the day we was hunting for Anna).  On Monday Abby Enlow came to my house.  While there she said that Clay Davidson had hired her with a quarter to come and ask Anna if she would stay at home from chruch on Sunday.

Bridget Cunningham:

Went with Mrs. F. to Mrs. Enlow's and heard Mrs. Enlow say the same as testified to by Mrs. F.

John Flanagan:

I am the father of Anna Flanagan.  On Sunday afternoon about 2 or 3 o'clock I went to Sam Enlow's.  Rode up to the fence and hollowed.  Andrew Enlow came to the door and I called him out to the fence and asked him how he came to find out that our fence was down.  He said he was going down the creek and saw it.  He said he thought he would let us know so the stock would not spoil our corn.  I asked him who was at the house and he said, Jim.  And on being further questioned he said Anna was there also, standing in the door, doing nothing.

After I had gone about 1/2 qr [quarter] from the house he called after me and said his mother wanted to talk to me.  Went back about 100 yards to a shade and met Mrs. Enlow.  She said, ain't Anna gone, and I said, yes, do you know anything of her?  She at first said, no, and then said maybe she is gone with a young man.  On my saying I did not know of her keeping company with anyone, she said Maybe they had been keeping company by ----ing.

I started toward home and met my wife and Mrs. Cunningham going to Enlows.  We all went together to Enlows.  The women were talking and asking questions.  My wife told me to go to John Davidson's and see if Anna was there.  I went to Wm. Kellems house (John Davidson's father-in-law) and asked him to go for me.  He went and soon came back saying she was not there and they knew nothing of her.  Whilst Mr. Kellems, I, and [other two ?] were talking, John Davidson came and walked through the house and sat down in the door on the opposite side.

The conversation stopped when Davidson came in, and presently, I left, when he, Davidson, got up and walked along with me until we came to where our roads separated.  Then John said, "I knew they were going to run off three months ago."

Joseph Kelly:

Was out Sunday night helping to hunt for Anna Flanagan.  They found her between 6 and 7 o'clock Monday morning.  I saw the bark and hoop twine on her wrists where she had been tied.  Arrived just in time to see them cutting her loose.

Robert Donally:

Was one of the first to find Anna F.  I and several others were watching Jane Enlow's house all Sunday night to find Clay Davis.   About 1/2 past 6 o'clock Monday morning I saw C.D. going towards the house.   When he saw me he started to run back into the woods and we after him.  About twenty yards off the road we found Anna F.  Davis ran back past where she was tied and we stopped when we came to her.  She was tied to a small tree with withe,   bark, and hoop twine.  Her hands were tied together with twine and a withe around her body to the tree.  Her hands and wrists were much swollen up around the twine and we had to be very careful in getting a knife under it to cut it off.  On taking the girl out into the opening Sam Enlow and his wife and daughter came up  and Mrs. Enlow commenced talking to Anna and pitying her.  When I said to her, "You harbor them and feed them."  And she said, "It was a d---lie, Old Man."  I said, "Yes, she does harbor them and if you'd catch them I'll furnish the rope to hang them."

Mrs. Martha underhill:

Reside in Clark Township, Perry (County).   She states that Abby Enlow told her that Clay Davidson had told her (Abby Enlow) to go to Flanagan's and find out which one of the girls was going to stay at home on Sunday.   Abby Enlow told her (Mrs. Underhill) that Clay Davidson gave her a quarter for getting the inforamtion.

Roddy Riley:

Testimony was the same in substance and in fact as that of Robert Donnelly.

Otto Faulkenberg:

[Here ends the document]