Indian Head Rock
Encyclopedia
The Indian Head Rock is an eight-ton sandstone
boulder, which until recently resided in the bottom of the Ohio River
.
artist 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
. 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.
med and 16 feet of water submerged it; it was not until recently that the rock has been seen.
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. 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. 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 then-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.
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. 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.
and Ohio
fighting a
legislative battle. 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.
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".
On February 3, 2009 Kentucky Attorney General Jack Conway
filed a civil suit in U.S. District Court for the Eastern District of Kentucky
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. 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.
On July 24, 2009, Duvall filed a motion to dismiss the criminal charges against Shaffer and Vetter. According to Duvall, there has been more than one rock in the river known as “Indian Head Rock” or “Indian Rock” and there is confusion over which is the “official” one. In his 12-page motion, Duvall said he was dropping the case because he would not able to prove beyond a reasonable doubt that the 8-ton boulder that Shaffer and his cohorts pulled out of the river in September 2007 is, in fact, the same Indian Head Rock that was registered with the University of Kentucky as a protected archaeological object in the mid-1980s. “The official Indian Head Rock cannot be in several places at once,” the motion states. According to Duvall, Shaffer still faces other consequences for his actions, including being cited by the U.S. Army Corps of Engineers for undertaking a dredging operation without a permit.
Judge Conley granted the motion and dismissed the charges on July 30, 2009.
On July 8, 2010 WFPL
reported that a settlement had been reached allowing the rock to be brought to Kentucky and stored. The rock was returned to Kentucky on November 4, 2010 and will be held in Greenup County. The rock will not be returned to its original location in the river because the original site "had been compromised."
Sandstone
Sandstone is a sedimentary rock composed mainly of sand-sized minerals or rock grains.Most sandstone is composed of quartz and/or feldspar because these are the most common minerals in the Earth's crust. Like sand, sandstone may be any colour, but the most common colours are tan, brown, yellow,...
boulder, which until recently resided in the bottom of the Ohio River
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
.
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 Native AmericanNative Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
artist as a petroglyph
Petroglyph
Petroglyphs are pictogram and logogram images created by removing part of a rock surface by incising, picking, carving, and abrading. Outside North America, scholars often use terms such as "carving", "engraving", or other descriptions of the technique to refer to such images...
, a boatman as a river gauge, or was carved by John Book from Portsmouth, Ohio
Portsmouth, Ohio
Portsmouth is a city in the U.S. state of Ohio and the county seat of Scioto County. The municipality is located on the northern banks of the Ohio River and east of the Scioto River in Southern Ohio. The population was 20,226 at the 2010 census.-Foundation:...
who later fought in the Battle of Shiloh
Battle of Shiloh
The Battle of Shiloh, also known as the Battle of Pittsburg Landing, was a major battle in the Western Theater of the American Civil War, fought April 6–7, 1862, in southwestern Tennessee. A Union army under Maj. Gen. Ulysses S. Grant had moved via the Tennessee River deep into Tennessee and...
. 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.
History
The Indian Head Rock was used as a carving stone for individuals from the late 19th century to the early 20th century. Others would swim out to the rock to have their picture taken with it. In the 1920s the Ohio River was damDam
A dam is a barrier that impounds water or underground streams. Dams generally serve the primary purpose of retaining water, while other structures such as floodgates or levees are used to manage or prevent water flow into specific land regions. Hydropower and pumped-storage hydroelectricity are...
med and 16 feet of water submerged it; it was not until recently that the rock has been seen.
Removal disputes
Recently Steve Shaffer of Ironton, OhioIronton, Ohio
Ironton is a city in the U.S. state of Ohio and the county seat of Lawrence County. The municipality is located in southern Ohio along the Ohio River. The population was 11,211 at the 2000 census. Ironton is a part of the Huntington-Ashland, WV-KY-OH, Metropolitan Statistical Area . As of the...
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. In addition, Greenup County, Kentucky
Greenup County, Kentucky
Greenup County is a county located in the U.S. state of Kentucky. It was formed in 1804. As of 2000, the population was 36,891. Its county seat is Greenup. The county is named in honor of Christopher Greenup....
Commonwealth's Attorney
Commonwealth's Attorney
Commonwealth's Attorney is the title given to the elected prosecutor of felony crimes in Kentucky and Virginia. Other states refer to similar prosecutors as District Attorney or State'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
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and carries a sentence of one to five years in state prison. On June 19, 2008, a Greenup County grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
issued an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
against Shaffer for violating the Kentucky's Antiquity Act by removing Indian Head Rock, which was registered by the University of Kentucky
University of Kentucky
The University of Kentucky, also known as UK, is a public co-educational university and is one of the state's two land-grant universities, located in Lexington, Kentucky...
as a protected archaeological object in 1986, without a permit. In addition, Judge William Marshall of the Scioto County
Scioto County, Ohio
As of the census of 2000, there were 79,195 people, 30,871 households, and 21,362 families residing in the county. The population density was 129 people per square mile . There were 34,054 housing units at an average density of 56 per square mile...
Court of Common Pleas
Ohio Courts of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
sustained an earlier ruling by Greenup County Circuit Judge Bob Conley that then-Portsmouth, Ohio
Portsmouth, Ohio
Portsmouth is a city in the U.S. state of Ohio and the county seat of Scioto County. The municipality is located on the northern banks of the Ohio River and east of the Scioto River in Southern Ohio. The population was 20,226 at the 2010 census.-Foundation:...
Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
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.
On Thursday, July 24, 2008, Shaffer appeared before Conely for arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
in Greenup County Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
. 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
Antiquities
Antiquities, nearly always used in the plural in this sense, is a term for objects from Antiquity, especially the civilizations of the Mediterranean: the Classical antiquity of Greece and Rome, Ancient Egypt and the other Ancient Near Eastern cultures...
without a permit. Shaffer was released on a $5000 signature bond. A pre-trial hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
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. 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.
States
The removal of the rock has also led to the states of KentuckyKentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
fighting a
legislative battle. It has even been suggested by a member of the Kentucky House of Representatives
Kentucky House of Representatives
The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form a House district, except when necessary to preserve...
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
Reginald Meeks
Reginald K. Meeks is a Democratic Party member of the Kentucky House of Representatives, representing District 42 since 2000.-External links:* official KY Senate website* profile*Follow the Money - Reginald K Meeks** campaign contributions...
introduced House Resolution 12 in the Kentucky General Assembly
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
. 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.
In May, 2008, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
Representative Todd Book
Todd Book
Todd Book is a former Democratic member of the Ohio House of Representatives who was first elected in 2002. He served the 89th House District, which includes all of Scioto County, the western half of Lawrence County and the eastern half of Adams County in Southern Ohio.Book was born and raised in...
, along with sixty-six cosponsors, introduced and adopted House Resolution No. 137 in the 127th Ohio General Assembly
Ohio General Assembly
The Ohio General Assembly is the state legislature of the U.S. state of Ohio. It consists of the 99-member Ohio House of Representatives and the 33-member Ohio Senate...
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".
On February 3, 2009 Kentucky Attorney General Jack Conway
Jack Conway (politician)
John William “Jack” Conway is an American politician from Kentucky. Conway is a Democrat and has served as the Attorney General of Kentucky since 2008. Prior to his election as attorney general, he was a candidate in the 2002 U.S. House of Representatives election for , narrowly losing to Anne...
filed a civil suit in U.S. District Court for the Eastern District of Kentucky
United States District Court for the Eastern District of Kentucky
The United States District Court for the Eastern District of Kentucky is the Federal district court whose jurisdiction comprises approximately the Eastern half of the state of Kentucky....
in Ashland, Kentucky
Ashland, Kentucky
Ashland, formerly known as Poage Settlement, is a city in Boyd County, Kentucky, United States, nestled along the banks of the Ohio River. The population was 21,981 at the 2000 census. Ashland is a part of the Huntington-Ashland, WV-KY-OH, Metropolitan Statistical Area . As of the 2000 census, the...
against the city of Portsmouth, Ohio
Portsmouth, Ohio
Portsmouth is a city in the U.S. state of Ohio and the county seat of Scioto County. The municipality is located on the northern banks of the Ohio River and east of the Scioto River in Southern Ohio. The population was 20,226 at the 2010 census.-Foundation:...
; 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
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
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
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
in 2007, and demands the city of Portsmouth return it to the Commonwealth. 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.
On July 24, 2009, Duvall filed a motion to dismiss the criminal charges against Shaffer and Vetter. According to Duvall, there has been more than one rock in the river known as “Indian Head Rock” or “Indian Rock” and there is confusion over which is the “official” one. In his 12-page motion, Duvall said he was dropping the case because he would not able to prove beyond a reasonable doubt that the 8-ton boulder that Shaffer and his cohorts pulled out of the river in September 2007 is, in fact, the same Indian Head Rock that was registered with the University of Kentucky as a protected archaeological object in the mid-1980s. “The official Indian Head Rock cannot be in several places at once,” the motion states. According to Duvall, Shaffer still faces other consequences for his actions, including being cited by the U.S. Army Corps of Engineers for undertaking a dredging operation without a permit.
Judge Conley granted the motion and dismissed the charges on July 30, 2009.
On July 8, 2010 WFPL
WFPL
WFPL is a 24-hour listener-supported, noncommercial radio station in Louisville, Kentucky, broadcasting at 89.3 MHz and focusing on news. The station is the NPR affiliate for the Louisville market. WFPL is now owned by Louisville Public Media and was originally owned by the Louisville Free...
reported that a settlement had been reached allowing the rock to be brought to Kentucky and stored. The rock was returned to Kentucky on November 4, 2010 and will be held in Greenup County. The rock will not be returned to its original location in the river because the original site "had been compromised."