Indian Head Rock

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The Indian Head Rock is an eight-ton sandstone boulder, which until recently resided in the bottom of the Ohio River. ^[1]

Contents 1 Etymology 2 History 3 Dispute 4 References

[edit] Etymology

The name Indian Head Rock comes from a carving on the bottom of the boulder with the features of a face present. It has been theorized that the face was carved by an American Indian as a petroglyph, a boatman as a river gauge, or was carved by John Book from Portsmouth, Ohio who later fought in the Battle of Shiloh. ^[1] Other theories include that a band of robbers used it to mark their nearby stash and that a quarry man carved the face with a metal device. ^[2]

[edit] History

The Indian Head Rock was used as a carving stone for individuals from the late 1800s to the early 1900s. Others would swim out to the rock to have their picture taken with it. In the 1920s the Ohio River was dammed and 16 feet of water submerged it; it was not until recently that the rock has been seen.^[3]

[edit] Dispute

Recently Steve Shaffer of Ironton, Ohio removed the rock from the bottom of the Ohio River. The Army Corps of Engineers said the rock belongs to Kentucky, and when it was removed, the group from Ohio violated the Federal Rivers and Harborment Act of 1899.^[4] In addition, Greenup County, Kentucky Commonwealth's Attorney Cliff Duvall has stated that the Shaffer's removal of the rock from the river may violate Kentucky’s Antiquity Act, which is a Class D felony and carries a sentence of one to five years in state prison. ^[5] On June 19, 2008, a Greenup County grand jury issued an indictment against Shaffer for violating the Kentucky's Antiquity Act by removing Indian Head Rock, which was registered by the University of Kentucky as a protected archaeological object in 1986, without a permit. In addition, Judge William Marshall of the Scioto County Court of Common Pleas sustained an earlier ruling by Greenup County Circuit Judge Bob Conley that Portsmouth, Ohio Mayor Jim Kalb and witness Bill Glockner were material witnesses in the case. Based on these rulings, Marshall ordered both men to appear before the Greeunp County grand jury. Kalb and Glockner were scheduled to testify on July 24, 2008. ^[6]

On Thursday, July 24, 2008, Shaffer appeared before Conely for arraignment in Greenup County Circuit Court. He agreed to appear before the court to avoid being extradited from Ohio. Shaffer's attorney, Michael Curtis, entered a plea of not guilty on Shaffer's behalf to the charge of removing a state registered antiquity without a permit. Shaffer was released on a $5000 signature bond. A pre-trial hearing has been set for October 16, 2008. In addition, Duvall also announced that the grand jury had also issued an indictment against diver David Vetter of Portsmouth. ^[7] Vetter was also charged with one count of violating the Kentucky Antiquity Act. An arraignment date for Vetter has not been set. Duvall stated that along with the indictments; the grand jury, which has since expired, issued a recommendation that future grand juries continue the investigation. ^[8]

The removal of the rock has also led to the states of Kentucky and Ohio fighting a legislative battle.^[9] It has even been suggested by a member of the Kentucky House of Representatives that a raiding party be sent to Portsmouth, where the rock is currently held, to move the rock back to Kentucky. On January 8, 2008, Representative Reginald Meeks introduced House Resolution 12 in the Kentucky General Assembly. The Resolution reads, "Condemn the removal of Indian Head Rock to the city of Portsmouth, Ohio, and urge the city of Portsmouth to return the rock to its original location". On January 22, 2008, House Resolution 12 was adopted by a voice vote.^[10]

In May, 2008, Ohio Representative Todd Book, along with sixty-six cosponsors, introduced and adopted House Resolution No. 137 in the 127th Ohio General Assembly Regular Session. It was resolved, "That we, the members of the House of Representatives of the 127th General Assembly of the State of Ohio, declare that the Portsmouth Indian Head Rock is and has always been inextricably linked to the history of the City of Portsmouth, Ohio, and that it represents an important facet of Ohio's historical connection to the Ohio River, and be it further, That we, the members of the House of Representatives of the 127th General Assembly of the State of Ohio, call upon the Commonwealth of Kentucky to abandon any claims of ownership to the Portsmouth Indian Head Rock and to work with Ohio officials to jointly care for, preserve, and educate the public about the history of the Portsmouth Indian Head Rock and, through such joint action, promote our shared and common history, and be it further, That the Clerk of the House of Representatives transmit duly authenticated copies of this resolution to the Clerk of the House of Representatives of the Commonwealth of Kentucky, the Ohio Historical Society, the Kentucky Historical Society, and the news media of Ohio and Kentucky". ^[11] On February 3, 2009 Jack Conway, Attorney General of the Commonwealth of Kentucky[1] filed a civil suit in a U.S. District Court in Ashland, Kentucky against the city of Portsmouth, Ohio; Greg Bauer, its former mayor; Steven R. Shaffer, the Ironton historian who led the expedition to remove the rock; and David G. Vetter of Portsmouth, a member of the dive team that raised the boulder. In addition to the return of the boulder, the suit seeks monetary damages “in an amount not presently ascertainable,” but in excess of $75,000. The state of Kentucky claims in a federal lawsuit it is “the sole and rightful owner” of the historic boulder known as Indian Head Rock, which was excavated from the bottom of the Ohio River in 2007, and demands the city of Portsmouth return it to the commonwealth. ^[12] On April 6, 2009, Senior U.S. District Judge Henry R. Wilhoit Jr. granted motions by the attorneys for Steven R. Shaffer and David G. Vetter to stay the claims against their clients. Wilhoit also ordered that the case be held in abeyance “in its entirety” until after the resolution of the criminal cases. ^[13]

[edit] References

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