Neaderhouser v. State

— In September, 1864, an affidavit and information were filed against Neaderhouser, the appellant, charging him with keeping and maintaining a public nuisance, at said,county, by keeping and maintaining a mill-dam across the Wabash river therein.

*259The complaint alleges that the Wabash river, which passes through the county of Adams, has always been a navigable stream in and through said county, for canoes, pirogues, rafts and small water-craft, and that prior to the keeping and maintaining a mill-dam aeross said stream, by the defendant, Neaderhouser, the citizens of said county and the public…