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1919.
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COVEIRNOR OF INDIANA.
Courts and Lawyers
of Indiana
LEANDER J. MONKS, LL. D.
Editor-in-Chief
LOGAN ESAREY, Ph.D.
ERNEST V. SHOCKLEY, Ph. D.
Editors
VOLUME II
ILLUSTRATED
1916
FEDERAL PUBLISHING CO., Inc
Indianapolis
'>7/^^ c
Courts and Lawyers
of Indiana
LEANDER J. MONKS, LL. D.
Editor-in-Chief
LOGAN ESAREY, Ph.D.
ERNEST V. SHOCKLEY, Ph. D.
Editors
VOLUME II
ILLUSTRATED
1916
FEDERAL PUBLISHING CO., Inc.
Indianapolis
(J L
Copyright, 1916,
Federal Publishing Co., Inc.
CONTENTS— VOLUME II.
Chapter XIII^Attorney-Generals 389
Chapter XIV— Federal Courts of ludiiuia 403
Chapter XV— The New Bar 425
Chapter XVI— Indiana State Bar Association 456
Chapter XVII— Legal Education in Indiana 470
Chapter XVIII— Law Libraries 487
Chapter XIX— Statutory and Documentary Material of Indiana 491
Chapter XX— Legal Writers of Indiana 500
Chapter XXI— Present Judicial System 517
Chapter XXII— County Courts of Indiana 535
CHAPTER XIII.
ATTOEXiri--GENERALS.
INDIANA TERRITORY.
The office of attorney-general was created by the Legisla-
ture of the Northwest Territorj-, with the act of December 19,
1799. When the Xorth%vest Territorj- was divided by the act
of May 7, 1800, the newly organized Indiana tenitory adopted,
among other laws, the one pro^-iding for an attorney-general.
During the territorial period of Indiana (1800-1816) there
was no specific law adopted by the Governor and Judges or by
the Legislature pro\iding for an attorney-general, so it is
verj- e\ident that the four attorney-generals appointed be-
tween 1800 and 1816 held their office by virtue of the act of
Decembed 19, 1799.
The appointment of the first three of the attorney-gen-
erals during this period (1800-1816) is given in the Executive
Journal of Indiana Territoiy, but the appointment of Ehjah
Sparks, the last one to hold the office while Indiana was a ter-
ritorj-, is, for some reason, not mentioned in the Executive
Journal. It seems e^^dent that Sparks was so appointed, if
the Vincennes Western Sun, in its issue of August 21, 1813,
is to be believed. In this issue, the Western Sun makes a
statement that Sparks had been appointed by the President
of the United States and, if this is a fact, he must have re-
signed on or before September 18, 1814, since on that date he
v.as commissioned judge of the Third Judicial circuit of In-
diana Territoiy. The records in the secretaiw of state's office
do not disclose the appointment of Sparks, nor, in fact, of
any attorney-general after Thomas Randolph. The four at-
torney-generals of Indiana Territorj', with the dates of their
incumbency, are as follows:
390 Courts and Lawyers of Indiana
John Rice Jones January 29, 1801. resigned in 1S04.
Benjamin Parks August 4, 1804, resigned in 1808, when he was
made the Territorial Judge by the President of
the United States.
Thomas Randolph June 2, 1808, served until killed at the battle of
Tippecanoe, November 7, 1811.
Elijah Sparks August. lS1.3-September. 1814.
1816-1851,
The Constitution of 1816 did not provide for an attorney-
general, but by the act of December 31, 1821, the office of at-
torney-general was established by the Legislature, the act
providing that he should be elected by joint ballot of both
houses of the General Assembly. The tenure was fixed at
three years and an annual salary of two hundred dollars was
provided for the office. Pursuant to this act, the Legislature
on the same day (December' 31, 1821), elected Harbin H.
Moore, of Corydon. The Revised Laws of 1824 lists the act of
December 31, 1821, but the Legislature which met in Indi-
anapolis in January, 1825, repealed the act providing for an
attorney-general. It was apparent that there was hardly a
sufficient amount of business to justify the maintenance of
an attorney-general, so it was provided (January 20, 1826),
that the prosecutor of the Fifth judicial circuit, which in-
cluded Maiion county, should "be compelled to superintend
and prosecute or defend on the part of the state, all pleas
whatsoever that may be appealed or brought up by writ of
error to the Supreme court." In other words, the prosecutor
of this judicial circuit became in effect the attorney-general
of the state. The prosecutors in 1831 were allowed one hun-
dred and fifty dollars per annum, while the prosecutor of the
Fifth judicial circuit was given an extra fifty dollars because
of his added duties as the attorney for the state. This same
provision was adopted in the Revised Statutes of 1838, and
again in 1843. In the Revised Statutes of 1843, the provision
for the prosecuting attorney of the Fifth judicial circuit in
his relation to the Supreme court is amplified into an article
of four sections. Since this is the last definite statement
under the old Constitution concerning the office, it seems per-
Attorney-Generals 391
tinent to insert in this connection the provision of this article
in full. It follows (Revised Statutes 1843, page 640) :
Sect. 100. It shall be the duty of the prosecuting attorney of the
judicial circuit of which the county of Marion shall form a part, to
appear, by virtue of his office, on behalf of the state of Indiana, as attor-
torney for the state, and superintend, prosecute and defend all
indictments, pleas, suits, matters, and proceedings whatsoever, which
may be appealed or brought into the Supreme Court by writ of error
or otherwise, in which the state is a real party, or has any interest.
Sect. 101. In any matter or suit specified in the preceding section,
the attorney who may have prosecuted or defended the same on the
part of the state in the court below, may. with the consent of the
Supreme Court, be associated with such attorney for the state, in the
prosecution or defence of such matter or suit, or he may, with the
consent of the attorney for the state in the Supreme Court, and with
leave of such court, have the sole management and control of such
ca.se; and then such attorney for the state shall be exonerated from
all further attention to the same.
Sect. 102. In case of the absence of the attorney for the state,
the Supreme Court may appoint an attorney to supply his place, who
shall receive such compensation therefor as to the court shall seem
reasonable, to be drawn from the state treasury on the allowance of
the court, and shall be deducted from the salai-y of such attorney for
the state, which he is authorized to receive for his services as such
attorney.
Sect. 10.3. Such attorney for the state, whenever requested by the
govei-nor. secretary of state, treasurer of state or auditor of public
accounts, shall prepare drafts for contracts, obligations, and other in-
struments which may be wanted for the use of the state : he shall also,
when required by any of said officers, give opinions and instructions
upon any legal question which may arise in the performance of any
of the duties of any such officers.
1851-1915.
The Constitution of 1851, like that of 1816, made no pro-
vision for the office of attorney-general, nor did the Legisla-
ture make any provision for the prosecutor of the circuit to
which Marion county was attached to handle the suits of the
state. The office of attorney-general came into existence as a
result of the act of February 1, 1855, the act providing that
it should be filled by the qualified voters of the state. The
General Assembly, on March 5, 1855, appointed James Morri-
son to fill the office until the next general election.
392 Courts and Lawyers of Indiana
The act of 1855 creating the office did not specify in detail
its duties and made no provision for the attorney-general to
submit a report. An act passed June 3, 1861, defined the
duties of the office, but it was still thought unnecessary to ask
the attorney-general to make a report to the governor or Leg-
islature. It was not until March 10, 1873, that the Legisla-
ture passed an act requiring the attorney-general to write
out his opinions and submit them to the governor. This act
provided that the attorney-general should give a written opin-
ion in certain cases and further required him to keep a record
of all the moneys collected by the office and make a report to
the secretary of state on November 1 of each year. An an-
nual report was required from 1873 until 1885, when, by the
act of April 13 of that year, the attorney-general was re-
quired to submit a biennial report only.
The following table shows in detail where the annual re-
ports of the attorney-general from 1873 to 1885 may be found :
1873 Documentary Journal, 1873— No. 4.
1874 Documentary Journal, 1874-75— No. 9.
1875 Documentary Journal, 1875 — No. 13.
1875-76_ -Documentary Journal, 1876-77— No. 8.
1877-78__None issued.
1879-80__Documentary Journal, 1880— No. 4.
1881-82_ .Pamphlet giving official opinions only.
1883-84_ .Documentary Journal, 1884— No. 6.
Since 1885 the biennial reports of the attorney-general
have been issued in a separate volume, although in some cases
they have been issued in two volumes.
The next legislative act touching the office of the attorney-
general was passed March 5, 1889. This act made the attor-
ney-general responsible for the prosecution and defense of all
suits instituted by or against the state and also required that
he represent the state in all criminal cases in the Supreme
and Appellate courts, and defend all suits brought against
the state officers.
The present salary of $7,500 per year was fixed by the act
of March 11, 1895, the same act specifying that the deputy
attorney-general should be paid $1,800 and the second deputy
attorney-general $2,400. The attorney-general, as well as both
Je^:^.
^-l c^^
Attorney-Generals 393
of his deputies, was allowed actual traveling expenses when
traveling on business connected with the office. From the
creation of the office in 1855 until 1909, the attorney-general
was allowed fees in certain cases, buVby the act of March 4,
1909, the attorney-general was required to turn over
moneys collected by the office to the general treasury of the
state.
There have been twenty-two attomey-generals since the
office was created in 1855 and it is to the credit of the voters
of the state that well qualified men have uniformly been
chosen to fill the office. A brief sketch of all the incumbents
of this office is given in the succeeding paragraphs.
James Morrison was born in Ayrshire, Scotland, in 1796.
He came to this country with his parents when a boy and
settled at Bath, New York. He secured a limited elementary
education and studied law under William B. Rochester. When
admitted to the bar he moved to Indiana and located in
Charleston, Clark county, where he practiced for ten years.
In 1828 he was elected secretary of state and moved to India-
napolis. Later he was Circuit Judge, and was president of
the old State Bank for ten years. He was the first attorney-
general and served by appointment from March 5, 1855, to
December 17, 1856. He died on March 20, 1869.
Joseph Ewing McDonald, attorney-general of Indiana from
1856 to 1860, was born in Butler county, Ohio, August 29,
1819. His father died when he was an infant and his mother
later married John Kerr. The family moved to Montgomery
county, Indiana, in 1826 and it was here that McDonald re-
ceived such education as the public schools and Wabash Col-
lege afforded. As a youth he was apprenticed to a saddle-
maker and worked at the trade for six years. During this
time he read widely in the library of Dr. Isaac B. Camby and
laid the foundation for his future career. In 1840 he worked
on the old Wabash & Erie canal and during part of the same
year was a student at Asbury University at Greencastle. In
1842 he began to read law with Zebulon Baird at Lafayette
and the following year was admitted to the bar and at once
elected prosecuting attorney, being re-elected two years later
When thirty years of age he was elected to Congress and
served one term (1849-1851). In 1856 he was elected attor-
394 Courts and Lawyers of Indiana
ney-general of the state and was re-elected at the expiration
of liis first term. In 1859 he formed a partnership with
Addison L. Eoache, who had just resigned from a seat on the
Suprem.e bench. In 1864 McDonald made an unsuccessful
race for governor against Oliver P. Morton. The Legislature
elected him United States senator in 1875 to succeed Daniel
D. Pratt, but he was defeated six years later by Benjamin
Harrison. In the campaign of 1884 he was one of the promin-
ent candidates before the Democratic national convention, but
was defeated by Grover Cleveland. The last fifteen years of
his life he practiced law in Indianapolis in partnership with
John M. Butler. He died on June 21, 1891.
James G. Jones was born at Paris, Kentucky, July 3, 1814,
and came v/ith his parents to Vanderburg county, Indiana, in
1819, settling in Union township. His education was confined
to the subscription schools of his community. By dint of
hard woi'k he became a lawyer. He was county recorder and
also served as county surveyor. In 1840 he was city attorney
of Evansville, and at one time served as town trustee. He
was the first mayor of Evansville and in 1850 was I'e-elected
to a second term. In 1860 he was elected attorney-general,
but resigned in 1861 to become colonel of the Forty-second
Regiment, Indiana Volunteer Infantry. Later he was provost
marshal of the state and head of the recruiting bureau. At
the close of the war he resumed the practice of law. In 1869
he was appointed by Governor Baker as judge of the Fifteenth
judicial circuit. His death occurred on April 5, 1872.
John Palmer Usher was bom in Brookfield, New York,
January 9, 1816. He came to Indiana when a young man,
studied law and was admitted to the bar. In 1850 he was
elected to the Legislature and on November 10, 1861, was ap-
pointed attoraey-general to fill out the unexpired term of
James G. Jones. On March 20, 1862, he was appointed first
assistant secretary of the interior in Lincoln's cabinet, and on
the resignation of Caleb B. Smith, succeeded him as head of
the department on January 8, 1863, holding the office until he
resigned. May 15, 1865, to become attorney for the Union Pa-
cific Railroad. He died in Philadelphia, Pennsylvania, April
13, 1889.
Attorney-Generals 395
John F. Kibbey was born in Richmond, Indiana, May 4,
1826, and was the son of John C. and Mary (Espy) Kibbey. He
received his rudimentary education under the instruction of
his father, and at the age of nineteen entered Miami University,
at Oxford, Ohio, where he remained three terms. In 1849 he
began the study of law under OHver P. Morton and was ad-
mitted to the bar in 1852, forming- a partnership with his pre-
ceptor, which relation continued until Morton was elected lieu-
tenant-governor of Indiana in 1860. While studying law Kibbey
served as surveyor of Wayne county and was re-elected to that
position, serving until 1856. On March 19, 1862, Kibbey was
appointed attorney-general of the state to fill the vacancy
caused by the resignation of John P. Usher and served until
November 3, 1862, when he was succeeded by Oscar B. Hord.
In 1863 Kibbey was appointed military commander of his con-
gressional district to raise volunteers for the war and provide
for their maintenance until mustered into the service of the
United States. In 1865 he was appointed judge of the Wayne
county Common Pleas court, and held the office by subsequent
re-election until 1873, when the court was abolished. In 1873
he was elected judge of the Circuit court of Wayne county and
served until 1885.
Oscar B. Hord was born at Maysville, Kentucky, August 31,
1829, and was the son of Francis T. Hord, a lawyer and judge
of a Kentucky Circuit court. Oscar B. Hord read law in his
father's office and, when twenty years of age, located at Greens-
burg, Indiana. In 1852 he was elected prosecuting attorney.
He formed a partnership with Colonel Gavin, of Greensburg,
and together they prepared "Gavin & Hord's Statutes". In
1862 he was elected attorney-general of the state and upon
retiring from the office in 1864 he formed a partnership in
Indianapolis with Thomas A. Hendricks and Samuel E.
Perkins. Later A. W. Hendricks and Conrad Baker were asso-
ciated with this firm. Hord died on January 15, 1888.
Delano Eccles Williamson was born in Florence, Boone
county, Kentucky, August 19, 1822, and was the son of Robert
and Lydia (Madden) Williamson. His parents moved to Cov-
ington, Kentucky, when he w^as a child, and in 1833 moved to
Vermilion county, Illinois, where he remained until his nine-
teenth year. He attended the district schools and in 1841
396 Courts and Lawyers of Indiana
went to Greencastle, Indiana, with the idea of entering college,
but changed his plans and went to Bowling Green, the county
seat of Clay county, to work in the county clerk's office.
There he remained for two years, studying law during his
leisure moments. Williamson returned to Greencastle in 1843,
where he continued his studies in the office of Eccles & Hanna
and soon afterward was admitted to the bar. Locating in
Clay county, he practiced until 1850, when he was elected to
the Legislature. He removed to Greencastle in 1853, and
ran for the Legislature on the Democratic ticket, but was de-
feated. At the outbreak of the Civil War he was a strong
Union man and allied himself with the Republican party. In
1864 he was elected attorney-general and held the office for
six years.
Bayless W. Hanna was born in Troy, Ohio, March 14, 1830.
He was the son of James and Nancy (Tilford) Hanna. In
1836 the family removed to Crawfordsville, Indiana, where
James Hanna became one of the founders of Wabash College,
in which institution his son was educated. After leaving
college in 1852, Hanna entered the law office of Joseph E.
McDonald and afterward studied under Wilson & McDonald.
On account of failing health, he went to Natchez, Mississippi,
where, after finishing his studies under Josiah Winchester, he
was examined and admitted to the bar in 1855. Returning
to Crawfordsville, he was elected prosecuting attorney in
1856. In 1857 he opened a law office and estabhshed his home
in Terre Haute. In 1862 he was elected to the lower house of
the Indiana Legislature ; in 1864 he went to the Senate, and in
1870 was elected attorney-general. Hanna served as attorney-
general from November 3, 1870, to November 6, 1872.
James C. Denny, attorney-general of Indiana from 1872 to
1874, was born in Knox county, Indiana, August 8, 1829. His
father came from Kentucky and his mother from Tennessee.
Denny was educated in the common schools of Knox county,
in private schools and at the Vincennes University. His
earlier years were spent on the farm, but when about twenty-
one he entered a store and clerked for four years. During
the last two years he read law at night, and then, as deputy
county clerk, he read law two years longer. Soon afterward
he was admitted to the bar and began practice with Samuel
Attorney-Generals 397
Judah. The partnership lasted six years. Denny became
judge of the Circuit and Common Pleas courts of Knox county
prior to his election as attorney-general of Indiana in 1872.
Clarence Augustus Buskirk was born at Friendship, Alle-
gany county, New York, November 8, 1842, and was the son
of Andrew C. and Diantha (Scott) Buskirk. He attended
Friendship Academy until seventeen years of age,, and after-
ward became a student in the University of Michigan. He
studied law in the office of Balch & Smiley, at Kalamazoo,
Michigan, attended a course of law lectures at Ann Arbor,
and was admitted to the bar in 186.5. Coming to Indiana in
1866. he located at Princeton. He was elected to the Legisla-
ture in 1872. In 1874 he w^as elected attorney-general and
was re-elected in 1876, occupying the office from November
6, 1874, to November 6, 1878. In recent years he has spent
considerable time as a lecturer for the Church of Christ,
Scientists.
Thomas Wheeler Woollen was born in Dorchester county,
Maryland, April 26, 1830, and was the son of Edward and
Anna (Wheeler) Woollen. He worked on his father's fami
until 1845, when he moved to Baltimore. In 1848 he came to
Indiana and located at Madison. He served as deputy county
clerk in Jefferson county and also as deputy treasurer. In
1856 he left Madison and entered the clerk's office at Vernon,
in Jennings county. Meantime he had been studying law
and, after a brief residence at Vemon, he moved to Franklin,
and, in connection with Jeptha D. New, opened a law office in
that city. In 1862 he was elected to the Legislature from
Johnson county, and in 1868 was elected judge of the Common
Pleas court, which office he held for two years, resigning to
take charge of the First National Bank, of Franklin. In 1870
he resumed the practice of law and in 1872 was re-elected
to the Legislature. In 1878 he was elected attorney-general
to succeed Clarence A. Buskirk, and served one teiTn.
Daniel Pratt Baldwin, attorney-general of Indiana from
1880 to 1882, was bom in Madison county. New York, in 1837.
He was educated in the public schools, Cazenovia Academy
and Madison University. He graduated from the Columbia
Law School in 1860. Shortly afterwards he moved to Logan-
sport and became a partner of his uncle, Daniel D. Pratt. In
398 Courts and Lawyers of Indiana
1870 Baldwin was elected to the vacancy in the court of Com-
mon Pleas, and later was re-elected. In 1877 Madison Uni-
versity confen-ed upon Judge Baldwin the honorary degree of
Doctor of Laws. During his whole life he was much inter-
ested in literature and wrote much in the form of newspaper
articles, letters and lectures. Judge Baldwin was an active
worker for the Republican party in every campaign from 1860
to 1892. In 1880 he was a candidate for Republican nomina-
tion for judge of the Supreme court, but was defeated. In
1892, after a misunderstanding with President Harrison, Bald-
win gave his support to the Democratic party, but later re-
turned to the Republican ranks. He died suddenly on Decem-
ber 13, 1908.
Francis T. Hord was born at Maysville, Kentucky, Novem-
ber 24, 1835, and was the son of Francis T. and Elizabeth S.
(Moss) Hord. He secured his education at the seminary of
Rand & Richeson, at Maysville, where he graduated in 1853,
and at once began the study of law with his father. He was
admitted to the bar in 1856 and the following year located at
Columbus, Indiana, where he opened a law office. In 1858 he
w^as elected prosecuting attorney and in 1860 was appointed
county attorney. In 1862 he was elected to the State Senate.
Hord was elected attorney-general in 1882 and was re-elected
in 1884. He was elected judge of the Ninth judicial circuit
in 1892 and served until 1904. He was a brother of Oscar
B. Hord, who was attorney-general from 1862 to 1864. He
died at Indianapolis, March 8, 1912.
Louis Theodore Michener was born near Connersville, In-
diana, December 21, 1848, and was the son of William and
Mary A. Michener. His educational training was limited to
the common schools of the county and one year at Brookville
College. He began the study of law in 1870 with James C.
Mcintosh, at Connersville. When admitted to the bar in 1871
he began to practice at Brookville and the same year was
appointed deputy district attorney for Franklin county, serv-
ing two years. In 1873 he removed to Winfield, Kansas,
where he remained one year, and then returned to Indiana
and located at Shelbyville, where he formed a partnership
with Thomas B. Adams. He was elected attorney-general in
1886 and was re-elected in 1888, serving two full terms. He
Attorney-Generals 399
has been a practicing attorney in Washington, D. C, for
several years.
Alonzo Greene Smith was bom in Meigs county, Ohio,
September 6, 1848. His education was obtained in the common
schools, supplemented with a partial course at Franklin Col-
lege, Ohio. In 1867 he came to Indiana and located at North
Vernon, where he was admitted to the bar two years later. In
1884 he was elected to the State Senate, and served in the
sessions of 1885 and 1887, being president of the Senate dur-
ing the latter session. Smith was elected attorney-general
in 1890 and was re-elected in 1892, serving from November
22, 1890, to November 21, 1894.
William A. Ketcham w^as born in Indianapolis in 1846,
and is the son of John L. and Jane (Merrill) Ketcham. He
attended the public schools of Indianapolis until he was thir-
teen years of age and then spent two years in the schools of
Gei-many. In 1861 he entered Wabash College at Crawfords-
ville and remained there until February, 1864, when he en-
listed in Company A, Thirteenth Regiment, Indiana Volun-
teer Infantry. By successive promotions he rose to the rank
of captain before he was mustered out in September, 1865..
After the War he entered Dartmouth College and graduated
in 1867. He then entered upon the study of law with his
father and David McDonald and was admitted to the bar in
1869, beginning practice with his father and Major Mitchell.
Later he was associated with Judge Newcomb and Solomon
Claypool. He was elected attorney-general in 1894 and was
re-elected in 1896. For the past twenty years he has been
practicing law in Indianapolis.
William Lambom Taylor was bom July 16, 1850, at Wol-
cottville, Noble county, Indiana, and was the son of Venorris
R. Taylor. He went from the common schools of his native
village to Hillsdale College, Michigan, and later went to In-
diana University, where he graduated with the degree of
Bachelor of Arts in 1877. He then entered Central Law
School at Indianapolis, and after getting the degree of Bach-
elor of Laws, became associated with Henry Clay Allen and
Stanton J. Peele, and, later, with Floyd A. Woods. He was
elected city attomey in 1885 and was re-elected in 1887 and
400 Courts and Lawyers of Indiana
1889. In 1889 he was elected attorney-general and sei-ved
by re-election until 1903.
Charles W. Miller was bom in Floyd county, Indiana, Feb-
ruary 4, 1963. He was the son of Jacob B. and Isabella Miller,
and attended the common schools of his native county after
which he spent two years in a private school at Paoli. Later
he attended the Normal College at Ladoga. He then entered
the University of Michigan and graduated from the law de-
partment in 1884, after which he located in Goshen for prac-
tice. He was elected mayor of Goshen when twenty-four
years old, but held no other political office until elected attor-
ney-general in 1902. He was re-elected in 1904 and served
until 1907. Since retiring from the office he has been prac-
ticing in Indianapolis.
James Bingham, attorney-general of Indiana from 1907
to 1911, was born in Fountain county, Indiana, March 16,
1861. In his youth he worked on the farm and railroad. He
taught school six years, and was superintendent of Fountain
county schools from 1883 to 1887. In 1891 Bingham became
prosecuting attorney of Fountain and Warren counties. Since
retiring from the attorney-general's office in 1911 he has
been practicing law in Indianapolis.
Thomas M. Honan was bom at Seymour, Jackson county,
Indiana, August 8, 1867, and was the son of James and Mary
(Giger) Honan. After completing the common school course,
"he entered Hanover College, and later, in 1889, graduated from
Indiana University. In 1890 he was admitted to the bar and
at once took an active interest in politics. He served three
terms as prosecuting-attorney of the Forty-second judicial
district, and four years as city attorney of Seymour. He was
elected to the Legislature from Jackson county, serving in the
sixty-fourth, sixty-fifth and sixty-sixth sessions, being speak-
er of the lower house in the sixty-sixth session. He was
elected attorney-general of Indiana in 1910 and served four
years. Upon retiring from the office in 1915, he resumed his
practice in Seymour.
Richard M. Milburn was bom in Daviess county, Indiana,
September 24, 1866. He was educated in the public and high
schools of his native county and later attended the State
Normal School, from which institution he graduated in 1881.
I
Attorney-General 401
He also attended the Columbia University Law School and
graduated with the degree of Bachelor of Arts. He was ad-
mitted to the bar in 1888. He served as county attorney of
Dubois county from 1903 to 1905. He taught for a time in
the law department of the State University. He was elected
attorney-general of Indiana in 1914 on the Democratic ticket
but served less than a year. He died November 9, 1915.
Evan B. Stotsenburg was born in New Albany, Indiana,
May 16, 1865. He is one of five children born to John H. and
Jane F. (Miller) Stotsenburg. His father was a prominent
attorney of New Albany until his death, June 7, 1909. Stot-
senburg received his elementary education in the grade and
high schools of New Albany. He then entered the Univer-
sity of Louisville and later attended Kenyon College, Ohio.
He was admitted to the bar, May 17, 1886, and began prac-
tice at New Albany. He practiced with his father from 1886
until 1890, when the latter retired. Stotsenburg has since
practiced alone. He represented his county in the fifty-ninth
General Assembly, and was a senator from 1905 to 1913. In
1911 he was chosen president pro tem of the Senate. On
November 13, 1915, he was appointed attorney-general to fill
out the unexpired term of R. M. Milburn, deceased. He was
nominated at the Democratic state convention in the spring
of 1916 as the candidate of his party to succeed himself.
GENERAL COUNSEL TO THE PUBLIC SERVICE COMMISSION AND
COUNSEL TO THE GOVERNOR.
The legislative act of March 1, 1913, which created the
public service commission, provided for a general counsel
for the commission, who was to serve in a similar capacity
to the governor. Prior to this time the attorney-general had
given legal advice to all of the state officials on aflfairs con-
nected with the administration of their various offices. How-
ever, the business of the public service commission was such
that it demanded an attorney to advise it constantly. The
governor, from March 1, 1909, to March 1, 1913, had a special
legal clerk, whose salary was paid out of a special appropria-
tion, although there was no specific statute recognizing such
(26)
402 Courts and Lawyers op Indiana
an official. The act of 1913 combined the legal duties which
might be performed in behalf of the public service commis-
sion, on the one hand, and the governor, on the other, and
provided for one official to serve in both capacities.
This official known in the act as "General Counsel for the
Commission and Counsel to the Governor" is appointed by the
governor for a term of four years at an annual salary of six
thousand dollars. Burt New has filled the office since its
creation.
CHAPTER XIV.
Federal Courts of Indiana.
A history of the courts of Indiana would not be complete
without reference to the federal courts which have jurisdic-
tion in the state. When Indiana was organized as a territory
in 1800, it was provided that the President should appoint
three Judges, who, with the governor, also an appointee of
the President, were to constitute not only the Judiciary, but
also the legislative body of the territory. During the terri-
torial period of sixteen years the Judges all came under fed-
eral supervision.
The first United States court in Indiana was the Terri-
torial Supreme court, whose three Judges and prosecuting
attorney were appointed by the President as officers of the
federal government. During the sixteen years (1800-1816)
that Indiana was a territory, these Judges appointed by the
President were the highest judicial body in the territory.
Immediately after the Territory of Indiana was set off by
the congressional act of May 7, 1800, President Adams ap-
pointed William Henry Harrison as the first governor of the
newly created territory and at the same time appointed the
three Judges, who, with the governor, were to constitute the
judicial and legislative body of Indiana Territory. These
three Judges were William Clarke, Henry Vanderburgh and
John Griffin.
William Clarke served only a short time, dying suddenly
on November 11, 1802, after attending but two sessions of the
governor and Judges. The identity of the William Clarke
who served as one of the first Territorial Judges is shrouded
in more or less obscurity. He has been confused vdth William
Clark, a brother of George Rogers Clark, who was with Lewis
in the famous Lewis and Clark's expedition, and also with
the William Clark who was a cousin of George Rogers Clark,
and at one time surveyor of Clark county.
404 Courts and Lawyers of Indiana
Upon the death of Judge Clarke, in 1802, President Jeffer-
son appointed Thomas Terry Davis, who likewise remained on
the bench until his death, at Jeffersonville, Indiana, November
15, 1807. Judge Davis also served as chancellor for the terri-
tory from March 1, 1806, until his death.
Benjamin Parke was appointed in the spring of 1808 to
succeed Judge Davis. Parke had served in the ninth and
tenth Congresses as a delegate from Indiana Territory and
the vacancy in the Judgeship was held open until Congress
adjourned in the spring of 1808. Judge Parke continued on
the territorial bench until the state was admitted to the Union
and was then appointed Judge of the United States District
court, a position he held until his death, July 12, 1835. An
extended sketch of Judge Parke is given elsewhere.
Henry Vanderburgh was born at Troy, New York, in 1760
and served in the Revolutionary War. He rose to the rank of
captain in the Fifth New York Regiment, Continental Line.
Shortly after the Revolution he located at Vincennes, Indiana,
and married into the Racine family. When the Legislative
Council was organized in 1805, President Jefferson appointed
Vanderburgh as one of its members and he continued to serve
until the state was admitted to the Union in 1816.
John Griffin, the third Territorial Judge appointed in 1800,
was born in Virginia. Upon the organization of Michigan as
a territory in 1805, President Jefferson appointed Griffin,
December 23, 1805, as one of the first Judges of the new terri-
tory, his name being confirmed by the Senate on the ninth of
the following month. When Judge Griffin was transferred to
the Territorial court of Michigan, the President appointed
Waller Taylor as his successor, and Taylor served until the
state was admitted into the Union in 1816. Judge Taylor was
one of the first United States senators from Indiana, and his
sketch may be found in that connection.
The congressional act creating Indiana Territory provided
for an attorney-general, who was to be attached to the Terri-
torial court. The first attorney-general appointed by the gov-
ernor was John Rice Jones, who received his commission
January 29, 1801. Jones was born in Wales, February 10,
1757, and came to America when a young man. He was with
Federal Courts of Indiana 405
George Eogers Clark in the Northwest Territory as early as
1785 and appears to have been identified with the history of
the territory from that time until his death. Jones resigned
his position as attorney-general prior to August 4, 1804, as is
evidenced by the record in the Executive Journal of Indiana
Territory, which states that on that date "Benjamin Parke
Esqr. was appointed and Commissioned by the Governor, at-
torney-General of Indiana Territory, vice John Rice Jones
Resigned."
Parke held the office of attorney-general until he was ap-
pointed one of the Territorial Judges in the spring of 1808.
As his successor, Governor Harrison appointed Thomas Ran-
dolph on June 2, 1808. Randolph made an unsuccessful race
against Jennings as delegate to Congress in the fall of the
same year. The career of Randolph was cut short byj his
untimely death at the battle of Tippecanoe, November 7, 1811.
As far as is known, the governor appointed no immediate
successor to Randolph. In fact there is no mention in the
Executive Journal of the appointment of any one to the office
although the Viiicennes Western Sun in its issue of August
21, 1813, states that Elijah Sparks had been appointed attor-
ney-general of Indiana. It is evident that he did not fill the
position very long, since the Executive Journal, under date
of September 14, 1814, records that a commission was issued
to him as Judge of the Third judicial circuit. Sparks evi-
dently received his appointment from the President, as did
his successor, William Hendricks, who followed him in the
fall of 1814. Hendricks continued to serve as attorney-gen-
eral until the organization of the first Federal court upon the
admission of the state to the Union.
Indiana was organized as a separate Federal court dis-
trict by the congressional act of IMarch 3, 1817. The statute
creating the court provided that the Judge should "in all
things, have and exercise the same jurisdiction and powers
which were, by law, given to the Judge of the Kentucky dis-
trict, under an act entitled "An act to establish the Judicial
courts of the United States." The act in question was the
congressional act of September 29, 1789, which provided for
the organization of United States courts. The Kentucky court
had been given powers in addition to those prescribed by the
406 Courts and Lawyers of Indiana
act of 1789, and these were, as above mentioned, in turn con-
ferred upon the Indiana court when the latter was established
in 1817. The Indiana court continued to exercise these spe-
cial powers until the act of Congress, approved March 3, 1837,
reduced it to the rank of an ordinary District court.
The Federal court was to meet twice each year, the first
Monday of May and the first Monday of November. This
court transacted very little business prior to the Civil War.
While there was a great deal of public land in the state, the
court was occupied chiefly in the trial of timber thieves and
trespassers on the public lands. In the decade prior to the
Civil War, fugitive slave cases came up quite frequently.
Some random cases will show the nature of this early
legislation. The first case in Record Book I is entitled the
United States vs. Andretv Hilton. Hilton was charged with
vending and selling to a certain Charles Dewey domestic dis-
tilled liquors in a less quantity than twenty gallons at one
time, without having first secured a license for selling at re-
tail. Benjamin Parke was Judge, Moses Tabb defended and
Thomas H. Blake was United States attorney. The said
Hilton threw himself on the mercy of the court and the court,
through its distinguished jury, John Douthit, Andrew P. Hay,
Samuel L. Tate, John Carr, William Bacon, Nathan Mars,
Charles B. Naylor, Thomas Given, George Graham, Edward
Davis, James Bruce and John Harbison, twelve good and law-
ful men, found the defendant not guilty. Notwithstanding the
verdict of the jury, the court added "that it be considered that
there was probably cause for the said prosecution."
In May, 1818, Prosecutor Blake sued James Ward, post-
master, and William McFarland, his bondsman, of the Lexing-
ton postoffice, for money they had failed to turn over to the
postmaster-general. McFarland, of "wild cat" banking fame,
was not apprehended, but Ward, through his attorney, Henry
P. Thornton, threw himself on the mercy of the court.
In 1817, William Bell, of Harrison county, was sued in
debt for the revenue due on one hundred and fifty gallons of
whisky, which he had in his possession and was using for his
own private purposes without paying the revenue. Again
twelve good and lawful men, to wit : Amos N. Howland, Will-
iam Baird, Marston G. Clark, Nathaniel Kimball, James
Federal Courts of Indiana 407
Milroy, Henry DeWalt, John Lindley, Walter Pennington,
David B. Rhodes, James Bruce, Edward Davis and George
Grisham, found that the defendant did not owe the United
States any revenue, and the court ordered him "to go hence
without date." These and other similar cases show that it
was not easy to secure a conviction for this kind of law-
breaking. Certainly no fault can be found with these juries
— on the part of those acquitted.
Daniel Bell was tried for the same offense at the same
term with similar results. John Butler, of Pike county, on
the other hand, was convicted and fined. There follows a
score or so of cases for debt, the delinquents owing for lands.
At the November term, 1819, a libel case of Benjamin F.
Stickney vs. The Whitewater Gazette of Brookville. The
paper had charged the Indian agent, Stickney, then at Ft.
Wayne, with fleecing the Indians in the usual style. The
plaintiff" was given a verdict.
Here is a typical case, drawn by the famous lawyer,
Charles Dewey, for trespass on the case : "The United States
complaint of Brazil Meek on a plea of trespass for that the
said Meek, on the first day of May in the year of our Lord,
1823, did with force and arms, break and enter the domain
of the United States of America, situated, etc., cut, fell and
carry away divers trees, etc." The indictment covered about
two thousand words. A jury of twelve men, several of state-
wide reputation, decided the said Meek was not guilty and
he departed without day. The act, perhaps, was patent, but
who could steal timber when no one recognized that it had any
value?
Case after case of this kind appear and many of them were
fined. In general, these cases were quickly and satisfactorily
disposed of.
Turning to Record I, District Court, United States Cases,
May term, 1854, one gets a glimpse into the fugitive slave
period. First is an indictment against Sullivan U. Clark.
This was followed by two more against the same person, all
of which were quashed. Several cases in succession for con-
cealing fugitives were quashed, presumably for lack of evi-
dence.
408 Courts and Lawyers of Indiana
The following fugitive slave case was one of the last tried
by Judge Parke. It came up at the May term, 1834. Goodale
Dare, of Kentucky, seemed to have located his runaway slave,
a woman named Zoar, at Indianapolis. He accordingly pro-
cured a writ from Judge Parke and had Joseph Roberts,
United States marshal, take the colored woman in charge.
Goodale intended to take her to Kentucky to prove his title.
At this point John Little, "in company with and in confederacy
with certain other evil-disposed persons, with force and arms,
to wit : with hands, fists, feet, knives, clubs, sticks, pistols and
dirks, violently and forcibly rescued said Zoar" against the
peace and dignity of the Fugitive slave law of 1793. At the
last moment the plaintiff dismissed the suit and paid the cost.
Goodale was, no doubt, a kidnapper.
On November 20, 1854, the grand jury returned an indict-
ment against Benjamin B. Waterhouse. Waterhouse had har-
bored three persons of color, to wit: Tom, Jim and Alfred,
belonging to Daniel M. Payne and Mortimer W. Roberts, of
Kentucky. Waterhouse was found guilty by a jury of "forci-
bly and knowingly, wilfully and unlawfully, harboring and
concealing Tom, Jim and Alfred." His punishment was fixed
by Judge Elisha M. Huntington at one hour's confinement and
a fine of fifty dollars. It is noteworthy that the jury recom-
mended mercy.
At the same term James and John Johnson were charged
with "unlawfully and feloniously passing and uttering as true
to one Charles Cooper one piece of false, forged and counter-
feited coin, in the resemblance and similitude of the silver
coins called quarter dollars." The defendant, for there was
only one, was given one year at hard labor. A second, third
and fourth indictment charged Johnson with uttering counter-
feit half dollars. He was found guilty and received a sen-
tence of one year at hard labor for each of these.
During the decade from 1850 to 1860 fugitive slave, count-
erfeiting and postal service cases constituted the bulk of the
business before the court. Mail robbery and counterfeiting
cases increased in frequency throughout the period, but the
fugitive slave cases diminished in number rapidly until about
1857, when they practically disappeared.
The following is the first federal grand jury on record. It
Federal Courts of Indiana 409
met at Corydon, May 7, 1821 : John Vawter, of Vernon, was
United States marshal. Joseph Bartholomew, of Columbus,
was foreman, and Joseph Holman, of Brookville; Patrick
Baird, of Wayne county ; Enoch D. John, of Brookville ; Joseph
Hanna, of Brookville ; John Gray ; William Cotton, of Vevay ;
Nathan B. Palmer, of Madison; John Tipton, of Corydon,
Marston G. Clark, of Salem ; Samuel Chambers, of Lawrence-
burg; David Robb, of Princeton, and Elisha Harrison, were
the other members.
The petit jurors of the same date (1821) were Benjamin
Ferguson, Lemuel Ford, Alexander Henderson, John M.
Simon, Evan Shelby, Joseph Gibson, Charley Paxton, Stephen
Beers, Apollis Hess, John Conner, Davis M. Hale and W. Hale.
This jury heard a damage case — James Paul vs. S. M. and
Zehulon Leavenworth — and returned the plaintiff a verdict in
the amount of $1,479.40, for debt and $201.56, damage.
One is continually impressed with the personnel of the
early grand juries of the court. The following panel was
sworn in at Indianapolis, November 7, 1831 : Isaac Howk
(foreman), Allen D. Thom, E. E. Morgan, William C. Brom-
well, Joseph Hanna, John Wishard, Benjamin V. Beckes,
Joseph Wilson, Alexander F. Morrison, John Lemon, Richard
Weaver, William Connor, Larkin Simms, Jesse Dailey, James
L. Scott, David Jerkin, Rankin Posey, Samuel Wert and John
Paggett, nineteen in all. One conversant with the early his-
tory of the state at once recognizes at least half the panel.
The follovdng is one of the first grand juries under Judge
Holman: William W. Wick, foreman; John Wilkins, James
Blake, Robert Patterson, Douglass Maguire, Alfred Harrison,
Alexander F. Morrison, Austin W. Morris, Nathaniel Bolton,
George Porter, Nathan B. Palmer, Caleb Scudder, Samuel
Henderson, William H. Wernweg, Aaron Johnson, Obadiah
Harris, Moses M. Henkle, and William Puett. This grand
jury sat ten days at the December term of 1836.
At the end of the May term, 1835, there appears for the
last time the signature of B. Parke. In the earlier years it
appears as a bold, heavy scrawl, but during the later years it
shows the effect of the paralysis that afflicted the Judge dur-
ing his later years. The last signature is traced out slowly
and painfully.
410 Courts and Lawyers of Indiana
When Horace Bassett became clerk, about 1835, this
significant note was spread of record: "Ordered that it be
entered of record that the appointment of the present clerk
has not been made in consequence of any supposed want of
qualifications or neglect of duty in the former clerk, for as far
as appears to the court from an inspection of the books and
papers, he has heretofore discharged faithfully the duties of
his office." This statement was authorized by Judge Holman
who succeeded Parke on September 16, 1835.
Here and there an interesting bit of history appears in
the unpublished records of the District court. In a suit for
the ejectment of James Hughes by Joseph Bartholomew and
others, owners of property in Clarksville, a detailed history of
that ancient village is given. This suit came up at the May
teiTti, 1880. During the panic of 1837 suits on assumpsit, or
for debt, are numerous, outnumbei'ing all others combined.
It might be interesting to note the cost in the cases before
this court. The following cases from Fee Book C, covering
the period 1844 to 1848, are probably a fair average of the
costs of administration of justice in the Federal court during
this period. The total costs in the first case in the record
were $21.66, of which the marshal received $1.90 and the at-
torney (0. H. Smith was one), $10.00. The Judge invariably
allowed the attorney $10.00, and there is no record which
shows any attorney receiving a greater or less amount. The
follovdng schedule of fees illustrates the cost of justice in
this court :
Declaration of case $ .16
Minute Doeliet Entry .34
Bond for Cost .58
Capiases .67
Two Appearances .16
Motion and Rule to Plead .34
Filing General Issue .41
Continuance .43
Another Continuance .43
Two Entries in Minute Docket .50
Recording Verdict .17
Judgment .37
Filing Note .08
Subpoena .67
Federal Courts of Indiana 411
Final Record 4.50
Bill and Copy .88
Fee of Marshal 12.00
Attorney's Fee 10.00
Indiana has been a separate United States court district
for nearly one hundred years and during that time only ten
Judges have sat on the bench. The first six Judges — Parke,
McDonald, Huntington, Smith, White and Holman — served
from the time of their appointment until their death. Gresham,
who served from 1869 to 1883, resigned to become postmaster-
general in President Arthur's cabinet. Woods, his successor,
resigned in 1892 to become Judge of the Seventh United States
Circuit court. Baker, who succeeded Woods in 1892, resigned
after ten years' service on the bench. Anderson, the present
incumbent, has served since December 18, 1902.
The sketches of seven of the ten Judges have been given
elsewhere and it remains to notice briefly the careers of three
— Huntington, Gresham and Anderson.
Elisha Mills Huntington, the youngest son of Nathaniel
and Mary (Corning) Huntington, was born in Otsego county,
New York, March 29, 1806. He came with his parents in 1822
to Terre Haute, Indiana, and shortly after settling in the
town, began to study law in one of the lawyer's offices of the
village. It seems that he must have been admitted to the bar
shortly after reaching his majority, since at the age of twenty-
three he was appointed prosecutor. Two years later (1831)
he was elected to the Legislature and served during the ses-
sions of 1831, 1832 and 1833. From 1830 to 1832 he appears
as prosecuting attorney of the Seventh circuit. In 1837 he
became President Judge of the Seventh circuit and served on
the bench until he resigned to accept an appointment as com-
missioner of the general land office. This position he resigned
in the following year upon being appointed (May 2, 1842)
Judge of the United States District court of Indiana. He held
the office until his death, at St. Paul, Minnesota, October 26,
1862. In 1848 Judge Huntington bought a large tract of land
on the banks of the Ohio in Perry county and built a fine home
on his estate. He sold the whole tract in 1858 to the Swiss
Colonization Society, which immediately platted the town of
Tell City on a part of it. The Judge then returned to Terre
412 Courts and Lawyers of Indiana
Haute and made that city his home until his death, four years
later. He married Mrs. Susan (Rudd) Fitzhugh, of Ken-
tucky, November 3, 1841.
Walter Quinton Gresham, one of the most distinguished
lawyers Indiana has ever produced, was born near Lanesville,
, Indiana, March 17, 1832. After receiving a common school
education he became a student at Indiana University, but left
before graduating and began the study of law at Corydon,
Indiana. He was admitted to the bar in 1853 and practiced
until the opening of the Civil War. He enlisted in 1861 and
was shortly afterward made colonel of the Fifty-third Regi-
ment, Indiana Volunteer Infantry. He was mustered out of
the service with the rank of major-general. No lawyer in
Indiana has ever held more prominent political positions than
Gresham. He was in the state Legislature in 1860 ; from 1867
to 1868 he was financial agent of Indiana in New York city;
on September 1, 1869, he was appointed by President Grant
to the bench of the United States Circuit court for the dis-
trict of Indiana ; on April 13, 1883, President Arthur took him
from the bench and made him postmaster-general in his cabi-
net ; on September 24, 1884, Gresham became secretary of the
treasury, but resigned this position, October 28, 1884, to ac-
cept an appointment as Judge of the Seventh judicial circuit.
He served on the bench of this court until March 6, 1893, when
President Cleveland appointed him secretary of state, and he
served in this capacity until his death. May 4, 1895. In 1888
Judge Gresham was a candidate for the Presidency on the
Republican ticket, and his defeat by Benjamin Harrison for
the nomination ultimately caused him to give his allegiance to
the Democratic party. In fact, he supported Cleveland in
1892 and was rewarded by being appointed secretary of state.
Albert Barnes Anderson, the present judge of the United
States Federal court of Indiana, was born near Zionsville,
Boone county, Indiana, February 10, 1857. He is a son of
Philander and Emma A. (Duzan) Anderson. He graduated
from Wabash College, Crawfordsville, Indiana, with the de-
gree of Bachelor of Arts in 1879, and later received the de-
gree of Master of Arts and Doctor of Laws from the same
institution. He was admitted to the bar in 1881 at Craw-
fordsville and practiced in that city from 1881 to 1902, when
Federal Courts of Indiana 413
he was appointed to the Federal bench. The only other official
position he held prior to his present position was that of
prosecuting attorney, serving in this capacity in Montgomery
county from 1886 to 1890. He has been on the bench of the
District court since December 18, 1902. Judge Anderson
married Rose Campbell, of Criawfordsville, November 14,
1882.
During his term of office Judge Anderson has presided
over two trials which have attracted attention all over the
United States. The first of these was concerned with the
union labor men, structural iron workers, who were accused
of the wholesale destruction of bridges and buildings in all
parts of the country. Their destructive operations were con-
lined to bridges and buildings which were being constructed
in whole or part by non-union labor. The chief men in the
conspiracy were the two McNamara brothers, both of whom
were convicted, as well as a number of their accomplices. The
other trial of national importance was that of more than a
hundred politicians of Terre Haute who had been indicted for
fraudulent voting. A large number of them, including the
mayor of the city, the judge of the Circuit court and several
of the city officials, were found guilty.
The judges of the United States District court from the
time the office was created have been as follow :
Benjamin Parke March 6, 1817; died in office, July 12, 1S35.
Jesse Lyncli Holman September IG, lS3o ; died in office, March 2S. 1S42.
Ellsha Mills Huntington May 2, 1842 ; died in office, October 2G, 1862.
Caleb Blood Smith December 22, 1862 ; died in office, January 6, 1864.
Albert Smith White January 18, 18G4; died in office, September 4, 1864.
David McDonald December 13, 1864 ; died in office, August 25, 1S69.
Walter Q. Gresham —September 1, 1869; resigned April 13, 1S83, to be-
come postmaster-general in the cabinet of Presi-
dent Arthur.
William Allen Woods —May 2, 1SS3 ; resigned March 17, 1892, to accept
an appointment by President Harrison as Circuit
Judge of the United States for the Seventh cir-
cuit.
John Harris Baker ___March 29, 1892; resigned December 14, 1902.
Albert Barnes AudersonDecember IS, 1902.
Courts and Lawyers of Indiana
UNITED STATES DISTRICT ATTORNEYS.
There have been twenty-nine United States district attor-
neys in the state of Indiana since it was established as a sepa-
rate federal court by the act of March 3, 1817. Before the
state was admitted to the Union the President had appointed
two district attorneys for Indiana Territory. Elijah Sparks,
the first one, was a Circuit Judge after serving for a short
time as district attorney. William Hendricks, the other dis-
trict attorney prior to 1816, was the secretary of the Constitu-
tional Convention of 1816 ; a member of Congress from 1817
to 1822 ; governor of Indiana from 1822 to 1825 ; United States
senator from 1825 until his death in 1837.
The district attorneys of Indiana during its hundred years
of histoiy have usually been men who were leaders at the bar.
Many of them have not only been lawyers of state-wide repu-
tation but also of national fame. A study of the list shows
that two have been governors; five, United States senators;
ten, congressmen; three, Indiana Supreme Court Judges;
nine, Circuit Judges ; seven, prosecuting attorneys ; and a large
number have served in the State Legislature. In fact, it may
be said that practically all of the incumbents of this office
have been eminently qualified for the position, despite the fact
that the office is purely a political one. With every change
of administration a new district attorney is appointed, but it
is to the credit of the Presidents that they have usually chosen
the best man proposed by the party in power.
A complete list of the United States district attorneys for
Indiana, together with the dates of their incumbency and
other official positions they have held, is given in the appended
table.
Date. Name. Politics. Other Official Positions.
1813-14 Elijali Sparks Dem.-Rep Circuit Judge.
1814-17 William Hendricks— Dem.-Rep Congressman, U. S. senator
and governor.
1S17-1S Thomas H. Blake —Dem.-Rep Circuit Judge and congresa-
man.
1818-21 Alexander A. Meek— Dem.-Rep Circuit Judge.
1821-29 Charles Dewey Dem Prosecuting attorney and su-
preme Judge.
Federal Courts of Indiana 415
1S29-33 Samuel Judali Dem Representative in legislature.
1833-39 Tllghman A. Howard-Dem Congressman and U. S. sena-
tor.
1839-41 John Pettit Dem Circuit Judge, Supreme
Judge, congressman and U.
S. senator.
1841-45 Courtland Cusbing.-Whig Prosecuting attorney and
Circuit Judge.
1845-48 Daniel Mace Whig Congre
1848-50 Lucien Barbour Dem Congre
1850-54 Hugh O'Neal Dem Prosecuting attorney.
1854-56 Benjamin M. Thomas_Dem
1856-58 Alvin P. Hovey Dem Circuit Judge, Supreme
Judge, congressman and gov-
ernor.
1858-61 Daniel W. Voorhees_Dem Prosecuting attorney, con-
gressman and U. S. senator.
1861-66 John Hanna Rep
1866-69 Alfred Kilgore Rep Representative in legislature.
1869-76 Thomas M. Browne__Rep Prosecuting attorney. Circuit
Judge and congressman.
1876-80 NeLson Trusler Rep Representative in legislature.
1SS0-S5 Charles L. Holstein— Rep
1885-86 John E. Lamb Dem Prosecuting attorney and con-
gressman.
18S6-87 David Turpie Dem Circuit Judge and U. S. sena-
tor.
1887-89 Emory B. Sellers ___ Dem State senator.
1889- Solomon Claypool „_Rep Circuit Judge.
1S&9-93 Smiley N. Chambers-Rep
1893-97 Franli B. Burke Dem State senator and prosecuting
attorney.
1897-01 Albert W. Wishard__Rep State senator.
1901-09 Joseph B. Kealing __Rep
1909-13 Charles W. Miller Rep
1913-16 Frank 0. Dailey _._Dem
1916- L. Ertus Slack Dem State senator.
UNITED STATES COMMISSIONERS.
The office of United States commissioner is filled by ap-
pointment at the hands of the District Judge, to whom the
commissioners are responsible for the performance of such
duties as may be assigned them. Their appointment is for
four years, but they are subject to removal at any time by
the District court. The first record of an appointment of a
•commissioner in Indiana is dated January 24, 1874, and since
416 Courts and Lawyers of Indiana
that time about two hundred and sixty have been appointed
in this state. Commissioners are located at convenient places
in the state by the District Judge, the state not being divided
into definite districts. Business may be taken before any
commissioner in the state; in other words, their jurisdiction
is co-extensive with the limits of the state.
The present commissioners for the District court of In-
diana, with their addresses and dates of appointment, are as
follow :
James W. Wartmann Evausville June 27, 1913
Thomas J. Logan Ft. Wnyne June 27, 1913
Charles W. Mooi-es ludiauapolis September 15, 1913
Morris R. Parks Lafayette December 13, 1013
George B. Cardwill New Albany July 2, 1914
Chalmers HamUl Terre Haute April 6, 1915
Thad. M. Talcott, Jr. South Bend September 10, 1915
Paul M. Souder Lognnsport October 7, 1915
Charles L. Surprise Hammond October 19, 1915
Howard S. Young Indianapolis November 27, 1915
REFEREES IN BANKRUPTCY.
Prior to 1898 such bankruptcy cases as were cognizable
by the Federal government were handled by the United States
District court. The congressional act of July 1, 1898, organ-
ized in each state a number of bankruptcy court districts, In-
diana being divided into fourteen referee districts. However,
since the organization of this special court it has been found
possible to consolidate the districts of Indiana and at the pres-
ent time the ninety-two counties are divided into five referee
districts.
The first district is composed of the counties of Daviess,
Dubois, Gibson, Knox, Martin, Pike, Posey, Spencer, Sullivan,
Vanderburgh and Warrick. Phelps F. Darby, of Evansville,
has been the referee of this district since the filing of his bond
on May 18, 1909.
The second and third districts, with headquarters at New
Albany and Bloomfield respectively, have been vacated and
the counties which were formerly attached to these two dis-
tricts have been consolidated with the sixth district. The
fourth district was consolidated with the sixth on August 26,
1909, and the fifth with the sixth on September 23, 1904.
Federal Courts of Indiana 417
The sixth district, the largest in the state, is composed of
the counties of Bartholomew, Brown, Clai'k, Crawford, Clay,
Dearborn, Decatur, Greene, Floyd, Harrison, Hendricks,
Jackson, Jefferson, Lawrence, Jennings, Johnson, Marion,
Monroe, Morgan, Ohio, Orange, Owen, Parke, Perry, Putnam,
Ripley, Scott, Switzerland, Vermillion, Vigo and Washington.
Albert Rabb, of Indianapolis, has been the referee of the sixth
district since December 31, 1908.
The seventh district was consolidated with the ninth on
September 1, 1908.
The eighth district is composed of the counties of Benton,
Fountain, Jasper, Montgomery, Newton, Tippecanoe, Pulaski,
Warren and White. Charles A. Burnett, of Lafayette, has
been referee of this district since February 20, 1909.
The ninth district is composed of the counties of Black-
ford, Boone, Carroll, Cass, Clinton, Delaware, Fayette, Frank-
lin, Fulton, Grant, Hamilton, Hancock, Henry, Howard, Hunt-
ington, Lake, Laporte, Madison, Marshall, Miami, Porter, Ran-
dolph, Rush, Shelby, St. Joseph, Starke, Tipton, Union, Wa-
bash and Wayne. Harry C. Sheridan, of Frankfort, has been
referee in this district since September 7, 1908.
The tenth district was abolished June 18, 1903, and at-
tached to the ninth. The eleventh district, with headquarters
at Logansport, has been recently vacated. The last referee
of the eleventh district was Dyer B. McConnell, of Logans-
port, who served from September 28, 1908, until the district
was vacated. The twelfth and thirteenth districts, with head-
quarters at Hammond and South Bend, respectively, have
been vacated and the counties composing them attached to
contiguous districts.
The fourteenth district is composed of the counties of
Adams, Allen, DeKalb, Elkhart, Jay, Kosciusko, Lagrange,
Noble, Steuben, Wells and Whitley. Sol A. Wood, of Fort
Wayne, has been referee of this district since May 11, 1909.
Referees in bankruptcy are appointed by the District Judge
and hold their office for two years. It has been the custom
in Indiana to continue the referees in office from term to term.
There is no fixed salary attached to the office, the emoluments
being confined to the fees which are definitely stipulated in
the act establishing the office.
(27)
418 Courts and Lawyers of Indiana
UNITED STATES CIRCUIT COURT.
Prior to the congressional act of April 10, 1869, all of the
federal cases arising in Indiana, were cognizable either in the
United States District court or in the Supreme court circuit
to which Indiana was attached. It must be understood that
from the adoption of the Constitution in 1789 the United
States has been divided into as many circuits as there are
Supreme Judges on the Federal bench. Originally the mem-
bers of the Supreme bench held court in the judicial circuit
to which they were assigned, but this custom was discontinued
many years ago, although a judge is still assigned to a cir-
cuit, James Clark McReynolds being assigiied to the Seventh.
Shortly after the close of the Civil War it was found that
federal cases were increasing so rapidly that it was impossi-
ble for the Supreme court and United States District Judges
to give them the proper attention.
The passage of the thirteenth, fourteenth and fifteenth
amendments to the Federal Constitution and the subsequent
difficulties which arose when the government attempted to
enforce them, made such a rapid increase in the number of
federal cases that Congress was asked to organize a new Fed-
eral court. This was done vdth the act of April 10, 1869, an
act which provided for the appointment of special Circuit
Court Judges to preside over the districts, which had formerly
been in charge of the members of the Supreme court.
The first judge of the Seventh circuit, of which Indiana
was a part, was Thomas Drummond, who served from his ap-
pointment, December 22, 1869, to July, 1884. Judge Drum-
mond was born in Maine, October 16, 1809 ; graduated at Bow-
doin College in 1830; studied law in Philadelphia and was
admitted to the bar in 1833; located in Galena, Illinois, in
1837; was elected to the Legislature in 1840; was appointed
Judge of the United States District court of Illinois in 1850,
and when the state was divided into two United States dis-
tricts in 1855, he was assigned to the Northern division. He
continued to serve on this bench until he was appointed to the
Circuit bench in 1869. After retiring from the bench in 1884,
he lived at Wheaton, Illinois, until his death, May 15, 1890.
Upon the resignation of Judge Drummond the President
Federal Courts of Indiana 419
appointed Walter Q. Gresham, who took the bench on October
24, 1884. A sketch of Gresham appears elsewhere in this
volume.
Upon the resignation of Judge Gresham in 1893 to become
secretary of state in Cleveland's cabinet, the President ap-
pointed James G. Jenkins, on March 23 of the same year, as
his successor. Judge Jenkins was born at Saratoga Springs,
New York, in 1834. After receiving a liberal education in
his native state, he was admitted to the bar in 1855 and two
years later located in Milwaukee, Wisconsin, where he has
since made his home. He was District Judge of Wisconsin
from 1888 to 1893, being appointed in the latter year as Cir-
cuit Judge of the Seventh circuit to succeed Walter Q. Gresh-
am. He served on the bench until 1905 when he retired and
became the dean of the College of Law in Marquette Univer-
sity, Milwaukee.
In 1895 Congress provided by statute for two Judges in
the Seventh judicial circuit and pursuant to this act the Presi-
dent appointed William H. Seaman and Christian C. Kohlsaat.
Judge Seaman was born at New Berlin, Wisconsin, Novem-
ber 15, 1842. He was educated in the public schools ; worked
as a printer, 1859-1861 ; served in the Civil War, 1861-1864 ;
was admitted to the bar shortly after the close of the war and
practiced in Wisconsin until 1893. At that time he was ap-
pointed United States District Judge for the Eastern division
of Wisconsin and presided over this court until February,
1905, when he was transferred to the United States Circuit
court, where he is still serving.
Judge Kohlsaat was born in Edwards county, Illinois,
January 8, 1844. After graduating from Chicago University
he became a law reporter on the Chicago Journal and studied
law in the meantime. He was minute clerk in the Cook county
court in 1867 and was admitted to the bar the same year. He
was in the active practice of his profession from that time
until 1890, when he was elected Probate Judge of Cook county.
He served on the Probate bench until 1899, when he resigned
to become United States District Judge of the Northern dis-
trict of Illinois. In 1905 he was appointed Judge of the Sev-
enth United States judicial circuit and has been serving on
the bench of that court since that time.
420 Courts and Lawyers of Indiana
In 1902 Congress added a third judge to the Seventh cir-
cuit and on February 4, 1902, the President appointed Francis
Elisha Baker to the bench where he is still serving. Judge
Baker was a judge on the Indiana Supreme bench at the time
of his appointment. A sketch of his career is given in the
discussion of the Supreme court of Indiana.
Julian William Mack, of Chicago, was appointed Judge of
the Seventh circuit in 1911 and on February 4 of the same
year was assigned to the United States Commerce court.
Judge Mack was born in San Francisco, California, July 19,
1866; educated in the public schools of Cincinnati; received
the degree of Bachelor of Laws at Harvard in 1887 ; as Parker
fellow of Harvard he studied in universities of Berlin and
Leipzig, 1887-1890; was admitted to the bar at Chicago in
1890; professor of law in Northwestern University, 1895-
1902 ; professor of law in Chicago University since 1902. He
was Circuit Judge of Cook county from 1903 to 1911, when
he was appointed Judge of the Seventh United States Circuit
court.
The Federal act of March 3, 1911, provided for the abolish-
ment of the United States Circuit courts and the transference
of all suits pending in those courts to the United States Dis-
trict courts. All the suits which had been filed in the Circuit
courts were to be disposed of in the District courts in the
same manner and wth the same effect as if they had been
originally begun in the District courts. This act was to take
effect and be in force on and after January 1, 1912 (Act
March 3, 1911, c. 231, Sec. 289, 36 Stat. 1167). This act of
1911, which abolished the Circuit courts, enlarged the juris-
diction of the District courts, re-enacted the statutory provi-
sions relating to the Supreme courts, Circuit courts of Appeal
and court of Claims, and embraced the enactments establish-
ing the Commerce court and the court of Customs Appeals
and defined their respective jurisdiction, is known and cited
as "The Judicial Jurisdiction Code".
In passing this act. Congress produced the most important
and at the same time the most compact code of nisi priiis and
appellate jurisdiction and procedure in the history of the
United States. Summed up in this act is the judicial Avisdom
and court experience which has been the result of nearly one
Federal Courts of Indiana 421
hundred and twenty-five years of our history as a nation. It
is interesting and instructive to compare this epoch-making
statute of March 3, 1911, with the first judiciary act of 1789.
One striking fact may be observed — the endurance of many
of the provisions laid down by our forefathers at the begin-
ning of our nation's history.
Congress has exclusive right to establish, abolish or alter
any part of the federal judicial system, provided that in so
doing it conforms to Section I, Article 3, of the Constitution
of the United States. This particular provision is very sim-
ply stated: "The judicial power of the United States shall be
vested in one Supreme court, and in such inferior courts as
the Congress may from time to time ordain and establish."
Pursuant to this provision, Congi'ess established the first judi-
cial court in 1789 and during the years which elapsed between
that date and 1911, hundreds and even thousands of statutes
were passed by Congress relating to the judiciary. It re-
mained for this act of 1911 to codify, to put into a succinct
form, the judicial wisdom of the past century.
Ideas of law and equity, of the personal relations of man
to man, of man to his government, have changed since 1789.
No longer do we hang a man for stealing horses, but, on the
other hand, we imprison him for treating horses cruelly. One
hundred years ago the lottery was legally recognized and
many of our colleges — even fair Harvard — raised money by
this means to erect buildings ; churches erected houses of wor-
ship and even paid their pastors by means of lotteries. Today
the lottery is forbiddeh by law and the poor saloon keeper
who raffles off a turkey finds himself in the clutches of the
law. Verily, ideas of right and wrong, of what constitutes
an illegal act in the sight of the law, have changed wonder-
fully since the first judicial act was prepared by Congress in
1789.
It is not the province of this discussion to describe in detail
the Federal courts of the United States, but rather to give a
comprehensive view of them, that the lajonan of Indiana may
know what part the Federal courts play in the life of our
state. In 1789, provision was made for a Supreme court to
consist of one Chief Justice and five Associate Justices, and
422 Courts and Lawyers of Indiana
thirteen District courts, grouped into three circuits. These
Circuit courts continued in operation uninterruptedly from
the date of that act (September 24, 1789) until they were
.summarily abolished, January 11, 1912. Of course, as new
states were admitted to the Union, new District courts were
created and by 1915 the number of District courts had in-
creased to one hundred and two. The Seventh circuit, to
which Indiana now belongs, was created February 24, 1807,
and was composed of the states of Tennessee, Ohio and Ken-
tucky. In 1837 the Seventh circuit was re-organized and made
to consist of the states of Indiana, Ohio, Illinois and Michigan.
At this same time the whole United States was divided into
nine circuits, the Supreme court of the United States having
been enlarged to nine members. Subsequently, the Seventh
circuit was re-organized, and now consists of the states of
Indiana, Illinois and Wisconsin.
Since the United States Supreme court has changed the
number of its members at different times, it seems pertinent
to state in this connection the various acts affecting the num-
ber of members constituting the bench. The act of Septem-
ber 24, 1789, provided for one Chief Justice and five Associ-
ates; the act of February 13, 1801, reduced the number to
five — the chief justice and four associates; the act of March
8, 1802, re-organized the court as constituted in 1789 ; the act
of Februaiy 24, 1807, increased the number to seven; the
act of March 3, 1837, increased it to nine; the act of March 3,
1863, increased it to ten ; the act of July 23, 1866, reduced the
number to seven. The present number, composed of a chief
justice and eight associate justices, was established April 10,
1869.
The present members of the United States Seventh circuit,
composed of the states of Indiana, Illinois and Wisconsin, are
as follows : James Clark McReynolds, United States Supreme
Court ; Francis E. Baker, Indiana ; Christian C. Kohlsaat, Illi-
nois; Julian W. Mack, Illinois; Samuel Alschuler, Illinois;
Kenesaw M. Landis, Illinois; George A. Carpenter, Illinois;
Francis M. Wright, Illinois; J. Otis Humphrey, Illinois; Al-
bert B. Anderson, Indiana; Ferdinand A. Geiger, Wisconsin;
Arthur L. Sanborn, Wisconsin.
Federal Courts of Indiana
THE UNITED STATES CIRCUIT COURT OF APPEALS.
The United States Court of Appeals was created by the
congressional act of March 3, 1891 (26 U. S. Statutes at Large,
826). This act provided that the President of the United
States should appoint in each of the nine circuits of the United
States one additional Circuit Judge who should have the same
qualifications, power and jurisdiction that the Circuit Judges
of the United States have within their respective circuits.
Furthermore, the act provided for the creation in each circuit
of a Circuit Court of Appeals, which was to consist of three
judges. The Chief Justice and the Associate Justices of the
Supreme court assigned to each circuit, and the Circuit Judges
within each circuit are competent to sit as Judges on the Cir-
cuit Court of Appeals. In case the Chief Justice or an Asso-
ciate Justice of the Supreme court is present at any session of
the Circuit Court of Appeals, he presides. In case neither is
present, the oldest Circuit Judge in point of service presides
over the court.
Indiana was placed in the Seventh circuit with Illinois
and Wisconsin and the President on March 21, 1892, appointed
William Allen Woods as the first judge of the new court for
the district of Indiana. Judge Woods became a member of
the Indiana Supreme court January 3, 1881 ; resigned May 8,
1883, to become United States District Judge for Indiana;
resigned March 21, 1892, to become Circuit judge of the
United States for the Seventh circuit. A full discussion of
Judge Woods is given in the chapter on the Indiana Supreme
court.
At the present time this court has the following Judges of
the Seventh Circuit court who are competent to sit as Judges
of the Court of Appeals; William H. Seaman, Christian C.
Kohlsaat, Julian W. Mack, Francis E. Baker, Evan A. Evans
and Samuel Alschuler. Of these six judges, Francis E. Baker
is the only one who has been appointed from Indiana. Judge
Baker was a member of the Supreme court of Indiana from
1899 until his appointment in 1902 as judge of the Seventh
District court of the United States. A sketch of his life is
given in the chapter on the Supreme court of Indiana.
424 Courts and Lawyers of Indiana
COURT OF CLAIMS.
The United States Court of Claims was established by
Congress with the act of February 24, 1855. Generally speak-
ing, it is a court of special jurisdiction which handles all
claims against the United States. It is a court of last resort,
as far as the plaintiff is concerned, for all cases over which
it is given exclusive jurisdiction with the exception of cases
where the amount in controversy is more than three thousand
dollars. The act establishing the court provided that the
United States had the right to appeal from any adverse judg-
ment (24 Stat, at L. 505, Sec. 15). The Court of Claims con-
sists of a Chief Justice and four Judges appointed by the
President. The Chief Justice receives a salary of six thousand
five hundred dollars and each of the other judges an annual
salary of six thousand dollars. The court holds one annual
session at Washington, D. C, beginning on the first Monday in
December and continuing until all business is disposed of.
CHAPTER XV.
The New Bar (1852-1916).
GOVERNORS.
Under the new Constitution, it can be said, as was said
of the bar under the old Constitution, that the lawyers have
taken a leading part in the administration of all public affairs.
Since the year 1852 there have been elected seventeen Gov-
ernors, and of these all but four — James D. Williams, Claude
Matthews, James A. Mount and Winfield T. Durbin — have
been lawyers of wide reputation and regular practice. The
first three of these were farmers and the last a business man.
From November 24, 1891, to January 9, 1893, Ira J. Chase,
a minister of the gospel, was acting Governor, to fill out the
unexpired term of Governor Alvin P. Hovey, who had died
in office. He was a candidate for election in 1892, but was
defeated by Claude Matthews. At the Democratic convention
in 1852 there was no opposition to Governor Wright. He was
a candidate for re-election and his biographical sketch has
been given. As his running mate, a distinguished young law-
yer of New Albany, Ashbel P. Willard, was nominated.
Governor Willard was born October 31, 1820, in Vernon
county, New York. He graduated from Hamilton College in
1842. After practicing law two years at Marshall, Michigan,
he went horseback to Texas and from there to Kentucky,
teaching occasionally by the way. In 1845 he reached Indiana,
finally locating in New Albany, where he formed a partner-
ship with Randall Crawford. In 1850 he was elected to the
Legislature, and two years later became lieutenant-governor,
being elected Governor in 1856. He died on October 4, 1860.
Many men still living remember his eloquence.
Upon the death of Governor Willard, Abram A. Hammond,
who had been serving as lieutenant-governor since 1857, be-
came acting Governor and served until January 14, 1861.
426 Courts and Lawyers of Indiana
Governor Hammond was born in Brattleboro, Vermont, in
March, 1814. While still a boy he moved to Indiana, where
he studied law and was admitted to the bar in 1835. In the
year 1850 he became a Common Pleas Judge at Indianapolis.
He later went to California, but returned in 1854 and located
in Terre Haute. He died in Colorado, August 27, 1874.
Governor Hammond was succeeded in office by one of the
late representatives of the old school of practice, Henry Smith
Lane, of Crawfordsville. It was understood in the campaign
of 1860 that if the Republican ticket was successful in the
state Lane was to be elected to the United States Senate, and
Oliver P. Morton, who had been been elected lieutenant-gov-
ernor, was to become the Governor. As a matter of fact,
Lane was Governor of Indiana only two days, from January
14 to January 16, 1861, while Morton was in reality only
Acting-Governor from 1861 to 1865.
Henry Smith Lane, whose sketch has already been given,
was one of the most interesting men in Indiana history. He
began life in the arms of poverty, and became reasonably
wealthy. He was a backwoods pioneer and became one of
the most cultured men in the country. He held almost every
office worth holding except that of President, and he never
courted an office. Easily outclassed among the senators of
his time, yet he, more than any, was the confidential adviser
of the President during the trying days of the Civil War. He
understood the West, and in this respect was very much like
Lincoln. Lane's successor was a very different man, although
both were great in their respective positions as senator and
Governor during the Civil War.
Governor Morton was born in Salisbury, Wayne county,
Indiana, August 4, 1823. As an apprentice he learned the
hatter's trade. He graduated from Miami University in 1843,
read law with John S. Newman, and began practice at Cen-
terville in 1847. He made an unsuccessful race for Governor
in 1856, and was elected lieutenant-governor in 1860. In
1864 he was elected Governor, but before the expiration of
his term he resigned, January 24, 1867, to accept a seat in
the United States Senate, to which he had been elected by the
Legislature, and served in the Senate continuously until his
death, in Indianapolis, on November 1, 1877. Morton was a
The New Bar (1852-1916) 427
better statesman than lawyer, as the duties of Governor and
senator demanded all of his time and attention from 1860
until his death, and during this long period of nearly twenty
years he was either in the Governor's chair or filling a seat
in the United States Senate.
Upon the resignation of Morton in 1867, Conrad Baker, of
Evansville, became Governor. In 1868 he was elected to a
full term, serving until 1873. Conrad Baker was born in
Pennsylvania, February 12, 1817, and was educated at Penn-
sylvania College, at Gettysburg. He read law with Thaddeus
Stevens and Judge Daniel Smyser. From 1839 to 1841 he
practiced law at Gettysburg, and in the latter year came to
Indiana and located at Evansville, where he continued to
follow his profession until he was elected lieutenant-governor
in 1864. When Governor Morton resigned, January 23, 1867,
to go to the United States Senate, Baker became acting Gov-
ernor, and served as such until his election as Governor in
the fall of 1868, after an exciting race against Thomas A.
Hendricks, with a plurality of 961 votes. It is interesting to
note that in later years Baker and Hendricks formed a law
partnership, which continued until Hendricks became Vice-
President of the United States, March 4, 1885.
Thomas A. Hendricks was not to be denied the governor-
ship. Although twice defeated, his third race for Governor,
in 1872, proved successful. A sketch of his life has already
been given and it is sufficient to say that from that date until
his death, November 25, 1885, while filling the office of Vice-
President of the United States, he was one of the foremost
figures in the country.
Hendricks was succeeded in 1877 by James D. Williams,
who is knowTi in Indiana as "Blue-Jeans" Williams, a sobri-
quet which was attached to him during the campaign of 1876.
Williams will go down in history as one of the most unique
characters who has ever filled the Governor's chair. He was
a farmer of Knox county and all of his life, with the excep-
tion of about a year in Congress and the short period of his
governorship, was spent on the farm where he was bom. He
was elected Governor, strange to say, over the best lawyer
Indiana has ever produced and the only man who has ever been
elected President of the United States from Indiana — Ben-
428 Courts and Lawyers of Indiana
jamin Harrison. Governor Williams assumed the office on
January 8, 1877, and died November 20, 1880, before his term
was to expire in January of the following year.
Col. Isaac P. Gray, who had been elected lieutenant-gov-
ernor in 1876, filled out the unexpired term of Governor
Williams. Gray was born in Chester county, Pennsylvania,
October 18, 1828. He had only a common school education,
and received his legal training by reading law in the office of
one of the lawyers of his native state. In 1855 he came with
his parents to Union City, Indiana, where he lived until his
death. After two years in the mercantile business, he turned
to the law. He was colonel of the Fourth Cavalry in the
Civil War. In 1884 he was elected Governor and served a
full term.
At the regular election of 1880, Albert G. Porter, a lawyer
of the Indianapolis bar, was elected Governor. He was a
native of Lawrenceburg, Indiana, where he was born on April
20, 1824. He was educated at Hanover and DePauw,.read
law, and in 1845 began practice at the Indianapolis bar. A
great part of his time was devoted to politics. Besides the
local offices held by Porter, he was Supreme court reporter
from 1853 to 1857; congressman from 1859 to 1863; first
comptroller of the treasury from 1878 to 1880 ; Governor from
1881 to 1885, and minister to Italy from 1889 to 1892. He
died at Indianapolis, May 3, 1897.
In the election of 1888, the Indiana bar was particularly
well represented. Its leading member, Benjamin Harrison,
was a candidate for the presidency, and an ex-member of the
Supreme court, Alvin P. Hovey, was a candidate for Governor.
Both were successful.
Benjamin Harrison was born at North Bend, Ohio, August
20, 1833. He graduated from Miami University, and read
law in Cincinnati. In March, 1854, he moved to Indianapolis,
where he practiced law the remainder of his life. He served
in the Civil War, rising to the rank of brigadier-general. He
was reporter of the Supreme court from 1861 to 1863 and
again from 1864 to 1868; United States senator, 1881-1887;
President of the United States, 1889-1893; and he repre-
sented Venezuela in the arbitration cases at Paris in 1900.
The New Bar (1852-1916) 429
Harrison died at Indianapolis, March 13, 1901. As a lawyer,
in its broad and best sense, he was considered second to no
one in America.
Governor Hovey, who was Governor from 1889 until his
death, November 23, 1891, has already been sketched as a
member of the Supreme court. He is the only one of that
bench who has ever been Governor. Following the death of
General Hovey, the Governor's office was administered for
nearly fourteen years by men without legal training, the long-
est gap in the "reign of lawyers" since the office was estab-
lished.
In January, 1905, Governor J. Frank Hanly took up the
burden again for the legal pi'ofession, and since that time
there has been no break in the succession. Governor Hanly
was a lawyer from Lafayette at the time of his election, and
it was in the law he built the foundation of his present repu-
tation. His biography is given elsewhere.
Governor Hanly was succeeded in 1909 by Thomas R. Mar-
shall, of the Whitley county bar, where Joseph Adair, W. F.
McNagny, I. B. McDonald and Judge Walter Olds had for-
merly practiced. Marshall was born at North Manchester,
Indiana, March 14, 1854, of Virginia lineage. He graduated
from Wabash College in 1873. He read law with Judge Wal-
ter Olds, of the Supreme court, and was admitted to the bar
in 1875. Marshall located at Columbia City, where he prac-
ticed law until he became Governor. He was associated most
of the time with W. F. McNagny and P. H". Clungston. In
1912 he was elected Vice-President of the United States, the
last of the Indiana quartet of Vice-Presidents, and was re-
nominated on June 16, 1916, to make the race with President
Wilson.
In 1913 Samuel M. Ralston, of the Boone county bar, be-
came Governor. For many years he had been widely known
both as a lawyer and a public man. He was born in Tusca-
rawas county, Ohio, December 1, 1857, of Virginia extraction.
The family located in Owen county, Indiana, in 1865. Gov-
ernor Ralston is a graduate of Central Normal College. In
1884 he began reading law in the office of Robinson & Fowler,
at Spencer, and was admitted to the bar January 1, 1886. He
430 Courts and Lawyers of Indiana
began practice at Lebanon, where he lived until he became
Governor. Governor Ralston devoted himself assiduously to
the practice of his profession from the time he was admitted
to the bar until he became Governor in 1913, although he has
been frequently importuned to make the race for public offices
of one kind or another.
A large majority of the Governors who have served since
1852 have returned to the active practice of the law. A few,
like Morton, Lane, Hendricks and Wright, spent their re-
maining years in public service. All of them were lawyers
of first-rate ability, and had achieved a solid reputation in
their profession before becoming Governor. All measured
up to the high demands of the positions they occupied and
acquitted themselves honorably.
LIEUTENANT-GOVERNORS.
A large number of lawyers served as lieutenant-governors,
although, as a whole, they had less ability than the lawyers
who served as Governors. Among the most noted of the law-
yers who have been lieutenant-governors (not mentioning
Willard, Hammond, Morton, Baker and Gray, who were also
Governors) may be named the following: Will Cumback, a
lawyer from the Decatur county bar, born in Franklin county,
March 24, 1829, educated at Miami University and the Cin-
cinnati Law School, a Republican and scholar of wide reputa-
tion; Robert S. Robertson, of the Fort Wayne bar, elsewhere
noticed ; Newton W. Gilbert, later in Congress, and now a prac-
ticing lawyer in the Philippines ; Frank J. Hall, of the Rush
county bar, born February 16, 1844, a graduate of Indiana
University in 1869, and a Democrat; and William P. O'Neill,
a graduate of Notre Dame, and a lawyer of Mishawaka.
UNITED STATES SENATORS.
As a rule, lavs^^ers delight most to serve in the great delib-
eration bodies, the Legislature and Congress. To be a con-
gressman or a United States senator is the most attractive
service to the lawyer. For this their whole life, as well as
their professional training, fits them. Accustomed to study-
ing social questions of immediate significance; engaged at
The New Bar (1852-1916) 431
all times in the application of the law to social conditions,
they are, as a rule, better prepared to discuss and enact legis-
lation than any other class of citizens. The sanctum and the
forum are part and parcel of their daily lives, so that they
are able to unite the practical and the theoretical better than
any others, if they live up to the best of their opportunities.
In Lincoln, the lawyer, there is found the vision of Emerson
or Whitman, united with the practical ability that character-
izes the military or business man. Nor, as a rule, is it neces-
sary for the lawyer to go up on a mountaintop in order to
get a vision of the promised land. He never loses sight of
the actual flesh and blood individual man, that, in the aggre-
gate, constitutes society. It is thus no accident that the law-
yer takes such a prominent part in the making of laws.
Of the eighteen senators who have been elected to repre-
sent Indiana in the United States Senate since 1852, all but
two have been lawyers by profession and have been actively
engaged in the practice. One of these exceptions, Dr. Graham
Fitch, filled out an unexpired term. Upon the death of Sen-
ator Shively, March 14, 1916, it became the duty of Governor
Ralston to fill the vacancy thus created. On March 20, 1916,
the Governor appointed Thomas Taggart to serve until the
November, 1916, election should elect his successor. The
Democratic state convention in April, 1916, nominated Sen-
ator Taggart as the candidate of the party to fill out the un-
expired term of Senator Shively. The Republicans nominated
James E. Watson as their candidate for the unexpired term
of Senator Shively.
Of the fifteen lawyers who have served in the Senate, sev-
eral have enjoyed nation-wide distinction of a professional
character. Such men as Turpie, Hendricks, Morton, Pratt,
McDonald, Voorhees, Harrison, Fairbanks, Beveridge and
Kern can truly be called national figures.
John Pettit, Henry S. Lane, David Turpie, Thomas A.
Hendricks and Oliver P. Morton have already been mentioned.
Daniel Darwin Pratt, who served in the Senate from 1869
to 1875, was from the Cass county bar, a companion of Daniel
P. Baldwin, Horace P. Biddle, William Z. Stuart, Williamson
Wright and Quincy A. Myers, to name only a few of the mem-
bers of that distinguished bar. He was born in Palermo,
432 Courts and Lawyers of Indiana
Maine, October 26, 1813 ; graduated from Hamilton College in
1831 ; came to Indianapolis in 1832 ; read law in Indianapolis,
and in 1836 located in Logansport, where he practiced until his
death, June 17, 1877.
Joseph E. McDonald, who served in the Senate from 1875
to 1881, has already been noticed under the old bar as con-
gressman.
Daniel Wolsey Voorhees, who served in the House of Kep-
resentatives from 1861 to February 23, 1866, and from 1869
to 1873, and in the Senate from 1877 to 1897, came from the
Fountain county bar, where he met in his early days Hanne-
gan, Wright, McGaughey and Howard. He was a native
of Butler county, Ohio, born September 26, 1827. He
came with his parents to Fountain county when he was
two months old. He graduated at Asbury (now Depauw)
University, class of 1849 ; read law with Land and Wilson
of Crawfordsville, and located at Covington, forming a part-
nership with Edward Hannegan. He soon made a reputation
as a criminal lawyer. His volumes of published speeches
show the character of the man and his knowledge of the law.
His long career in Congress has been mentioned. He died
in Washington, D. C, April 9, 1897.
Benjamin Harrison served in the Senate from 1881 to 1887,
when he was succeeded by David Turpie, who came from the
White county bar, its most widely known representative. He
was a native of Hamilton county, Ohio, born July 8, 1829;
reared in Carroll county, Indiana ; graduated from Kenyon
College in 1848; read law with Daniel D. Pratt at Logans-
poi't, and in 1849 located at Monticello to begin practice. He
was in public life almost constantly from 1854 until his death
in Indianapolis, April 21, 1909. In 1854 he was elected Com-
mon Pleas Judge, and two years later became Circuit Judge.
He was one of the three compilers of the Revision of the Laws
of Indiana in 1881.
Charles Warren Fairbanks, one of Indiana's four Vice-
Presidents, was United States senator from 1897 to 1905.
He resigned March 4, 1905, to become Vice-President. A
sketch of Senator Fairbanks may be found in Volume III.
His place was taken by James A. Hemenway, of the Warrick
county bar, where in court he met the DeBrulers, Hatfields,
j-YkCA^
432 COLTITS AND LAWYERS fiF iNDUKA
Maine, October 26, 1813; graduated !■ 'College in
1831 ; came to Indianapolis in 1832 ; r- • .iai.itpolis,
and in 1836 located in Logansport, \vhti\ . :. .wtiuixJ until his
death, June 17, 1877.
Joseph E. McDonald, who served in the S<'.iat«; from 1875
I : 1881, has already been noticed under the old bar as con-
feressman.
Daniel Wolsey Voorhees, who served in the House of Rep-
resentatives from 1861 to February 23. 1866, and from 1869
to 1873, and in the Senate from ; "" ". came from the
Fountain county bar, wher^ h«* 'v days Hanne-
gan, Wright, McGa'j^'i ^^ ■: ' ... v%'as a native
of Butler county. ;t;^.r iC, l*i27. He
came with his })&.'' . county when he was
two months old. iL:- yr-L'iji-.tJvi :ii Asbury (now Depauw)
University, cla&s of 1849; read law with Land and Wilson
of Crawfordsville, and located at Covington, forming a part-
nership with Edward Hannegan. He soon made a reputation
as a criminal lawyer. His volumes of published speeches
show the character of the man and his knowledge of the law.
His long career in Congress has been mentioned. He died
in Washington, D. C, April 9, 1897.
Benjamin Harrison served in the Senate from 1881 to 1887,
• ;' '■ be was succeeded by David Tiirpie, wljo came from the
)unty bar, its most widely known representative. He
ative of Hamilton county, Ohio, born July 8, 1829;
ji. Carroll county, Indiana; graduated from Kenyon
,n 1848; read law mth Daniel D. Pratt at Logans-
..; in 1849 located Rf Mcnticello to begin practice. He
. ublic life almost constantly from 1854 until his death
:^apolis, April 21, 1909. In 1854 he was elected Com-
. as Judge, and two years later became Circuit Judge.
>ne of the three compilers of the Revision of the Laws
■-Hi in 1881.
: ies Warren Fail-banks, one of Indiana'."^ four Vice-
its, was United States senator from 1897 to 1905.
lie resigned March 4, 1905, to become Vice-President. A
sketch of Senator Fairbanks may be found in Volume III.
His pl&cc. was taken by James A. Hemenway, of the Warrick
county bar. where in court- he met the DeBrulet-s, Hatfields,
l^-^
HOIT EA1^IIEL.W VOORHEES,
■ REPEESElTTAaT.-E I'ROJf nir,!ANA
The New Bar (1852-1916) 433
Chappell, Gilchrist, Posey and their contemporaries of the
First Congressional district. Hemenway was born in Boon-
ville, March 8, 1860, where he read law and was admitted to
the bar in 1885. He served in Congress from 1895 to 1905,
when he passed to the Senate to fill the vacancy created by
the resignation of Charles W. Fairbanks. Since 1909 he has
been practicing law in Boonville.
Senator Turpie was succeeded in 1899 by Albert J. Bever-
idge, of the Indianapolis bar. He was born in Ohio, October
6, 1862; graduated at DePauw in 1885; read law with Jo-
seph E. McDonald in Indianapolis, where he has since prac-
ticed, with the exception of the years he spent in the Senate,
from 1899 to 1911.
Beveridge was succeeded in 1911 by John Worth Kern,
also of the Indianapolis bar. He was born December 20, 1849,
in Howard county, Indiana; graduated from the University
of Michigan LaAv School in 1869, and soon opened an office
in Kokomo, where he practiced until 1888, when he located
in Indianapolis. He has been practicing in Indianapolis since
that time, except when in the public service. He is now a
candidate on the Democratic ticket for re-election.
CONGRESSMEN.
In the Lower House of Congress the influence of the legal
profession is also noticeably preponderant. Since 1853 thirty-
one Congresses have met. To these Indiana has elected three
hundred and eighty-one regular representatives, and of this
number an overwhelming proportion have been lawyers. No
less than sixty-eight terms have been filled by lawyers who
have served on the Circuit bench of the state.
The delegation of 185if, which represented Indiana in the
thirty-third Congress, \tas composed of eleven men, all but
two of whom were lawyers. Cyrus L. Dunham, of the Third ;
James H. Lane, of the Fourth; Samuel W. Parker, of the
Fifth; Thomas A. Hendricks, of the Sixth; Daniel Mace, of
the Eighth, and E. M. Chamberlain, of the Tenth, belonged
to the old bar and have been noticed. The new lawyer was
William H. English, of the Second, who came from the Scott
434 Courts and Lawyers of Indiana
county bar, his ancestral home being at Lexington, where he
was born on August 27, 1822. He graduated from Hanover
College, read law, and was admitted to the bar in 1846. He
served in Congress from 1853 to 1861. His later life was
spent almost exclusively in public service, so that he prac-
tically gave up actual practice. He died at Indianapolis, Feb-
ruary 7, 1896.
From the Ninth district, Norman Eddy, a lawyer of South
Bend, took the place of Doctor Fitch, of Logansport. He
was a native of Scipio, New York, where he was born on
December 10, 1810. He graduated from the University of
Pennsylvania in 1835; practiced medicine in Mishawaka, In-
diana, until 1847 ; opened a law office in South Bend the same
year, but gave most of his time to public service. He served
in Congress only one term, 1853 to 1855. He was colonel of
the Forty-eighth Indiana Regiment during the Civil War. He
died at Indianapolis, January 28, 1872, while serving as secre-
tary of state.
Ebenezer M. Chamberlain, a former judge of the Elkhart
Circuit court, and later a lawyer at the Goshen bar, repre-
sented the Tenth district in place of Samuel Brenton. He
was noticed as one of the old Circuit Judges.
In the thirty-fourth Congress (1855-1857) only a few old
faces appear, a fact due to the Kansas-Nebraska bill excite-
ment. George Grundy Dunn took the seat of Cyrus L. Dun-
ham, Jboth lawyers. Will Cumback, a young Republican
lawyer of Greensburg, displaced James H. Lane, of Law-
renceburg.
Lucien Barbour, a Republican attorney from Indianapolis,
defeated Thomas A. Hendricks. Barbour was born in Canton,
Connecticut, March 4, 1811 ; graduated from Amherst in 1837,
and shortly afterward began the practice of law in Indian-
apolis. He was held in high esteem as a lawyer and had helped
codify the laws in 1852. He died in Canton, Connecticut,
July 19, 1880.
Schuyler Colfax, a newspaper editor of South Bend, de-
feated Norman Eddy in the Ninth Congressional district in
1854. Colfax served in Congress continuously from March 4,
1855, until March 4, 1869, when he resigned to become Vice-
President of the United States. He had been elected with
The New Bar (1852-1916) 435
General Grant in the fall of 1868, but continued to serve as
congressman untli he was sworn in as Vice-President. He
died on January 13, 1885.
Samuel Brenton, a preacher, took the place of Judge
Chamberlain in the Tenth, and John U. Pettit, of Wabash,
succeeded Andrew J. Harlan in the Eleventh. A sketch of
Pettit appears in Volume HI.
It will be noticed that the lawyers lost three seats in
the thirty-fourth Congress on account of the Kansas-Ne-
braska bill.
The delegation of 1857 was hardly up to the earlier stand-
ard, although such lawyers as Judge James Lockhart (who
died in office) and Judge William E. Niblack came up from
the First district; William H. English, from the Second;
Judge James Hughes, of Bloomington, from the Third; the
veteran, David Kilgore, of Delaware county, from the Fifth,
and James Wilson, of Crawfordsville, the old law partner of
Henry S. Lane, from the Eighth. Of the new lawyer mem-
bers. Judge Niblack has been previously noticed. James M.
Gregg came up from the Hendricks county bar, where Chris-
tian Nave had been a leader for so many years. Gregg was
a native of Patrick county, Virginia, bom June 26, 1806.
He practiced in Danville, Indiana, for about twenty years,
and died there, June 16, 1869. James Wilson, who succeeded
Daniel Mace in the Eighth, was bom in Indiana, April 9, 1822.
He graduated from Wabash College in 1842, and began prac-
tice at Crawfordsville in 1845. He served in the Mexican
War, and was in Congress from 1857 to 1861. He served as
minister to Venezuela from 1866 until his death there, Au-
gust 8, 1867.
Of the delegation of 1859, Niblack, English, Kilgore,
Porter, Wilson and Pettit are familiar, although Porter ap-
pears for the first time. William McKee Dunn, who served
in Congress from 1859 to 1863, came from the Madison bar,
a contemporary of Marshall, the Brights and Sullivan. He
was born there, December 12, 1814; graduated from Indiana
College in 1832; served as a member of the Legislature in
1848; was a member of the constitutional convention of 1850;
entered the army in 1861, and served as aide on General Mc-
Clellan's staff in West Virginia; in 1863 was commissioned a
436 Courts and Lawyers of Indiana
major and judge advocate of the United States Volunteers
of the Department of Missouri. In March, 1866, he was made
a brevet brigadier-general, and on December 1, 1875, was
appointed judge advocate-general of the army. He held this
position until 1882, when he was placed on the retired list.
He resided in Washington, D. C, from 1863 until his death,
July 24, 1887.
William Steele Holman began one of the longest congres-
sional careers in Indiana history in 1859. He came up from
the Dearborn and Ohio county bars. He was bom on Sep-
tember 6, 1822. After serving in various other capacities,
especially in the constitutional convention of 1850, he entered
Congress, where he served from March, 1859, to 1865 ; from
1867 to 1877 ; from 1881 to 1895, and from March 4, 1897,
until his death in Washington, April 22, 1897 — a period of
over thirty years.
Such well-known lawyers as John Law, of Evansville;
D. W. Voorhees, of Covington; Albert S. White, of Lafay-
ette, and A. G. Porter, of Indianapolis, were in the thirty-
seventh (1861-1863), the first of the war Congi'esses. Of
the new lawyers, Dunn and Holman returned. George W.
Julian, the attorney of the Free Soilers, made his initial ap-
pearance from the Fifth on a fusion ticket between the Free
Soilers and the Democrats. He had previously served in the
thirty-first session (1849-1851). He was born near Center-
ville, Indiana, May 5, 1817. He read law and practiced at
the Wayne county bar. He neglected his law practice and
studied for public service, which engrossed nearly all his later
life. He served continuously in Congress from 1861 to 1871.
He died in Irvington, July 7, 1899.
William Mitchell, who represented the Tenth district,
came up from Kendallvllle. He was a native of Montgomery
county. New York, born on January 19, 1807. He died during
the Civil War at Macon, Georgia, September 11, 1865.
Another new face in the delegation of 1861 was that of
John Peter Clever Shank, a young lawyer from Portland,
Indiana. He was born in Virginia, June 17, 1826. He later
served in the Civil War and sat in Congress for five terms,
from 1861 to 1863 and from 1867 to 1875. He died in Port-
land, January 23, 1901.
436
Courts and Lawyers ok Ivomna
majCfr and judge advocate of tht
of the Depaitraent of Missouri !t
a brevet bngadier-general
appointed judge advocate-gt ;
position until 1882, wji. ■
He resided in Washin;,^
July 24, 1887.
William Steele
sionai carffers h,
the ■"'
eHp--'-,. ,
Congress
1867 to 1-
until Ms :v£i')r.._ ..
over thirt}
Such w*,. ... . .riwyers
- Volunteers
he w^as made
1, 1875, was
He held this
i-etired list.
' -il his death,
. ^estt coagres-
ime up from
•v>rri on Sep-
e>- capacities,
)0. he entered
~.59, to 1865 ; from
-iom March 4, 1897,
. rvl 22, 1897 — a period of
John Law, of Evansville;
D. W. Voorhees. of Covington; Albert S. White, of Lafay-
ette, and A. G. Porter, of Indianapolis, were in the thirty-
seventh (1861-1868), the first of the war Congresses. Of
the new law^ei-s, Dunn and Holman returned. George W.
Julian, the ^"^ - ^ .-, p,-~-
pearance f
Soilers ar ■
thirty-first $&■«;
ville. Indiana, M
the Wayne cou)
studied for pubi;
life. He served
He died in Irvington,
William Mitch-5V
came up from Ke
county, New Yor'
the Civil War at l-.^^. ..... .
Another new face in th-
John Peter Clever Shank, •
Indiana. He was born in \
served in the Civil War aiid
from 1861 to 1863 and from .ou.
land, January 23, 1901,
■ "-tial ap-
e Free
' in the
.t!a.r Ceiil«r-
pructir^ed at
-1
•nth district,
Montgomery
•; died during
. 1865.
was that of
m Portland,
->i. He later
r five terms,
died in Port-
BREV MAJ GEN
The New Bar (1852-1916) 437
The thirty-eighth Congress (1863-1865) brought several
changes in the Indiana delegation. Henry William Harring-
ton, a Democratic lawyer, succeeded William McKee Dunn
from the Third. He was born at Cooperstown, New York,
September 12, 1825; graduated from Temple Hill Academy,
New York, and in 1849 was admitted to the bar. In 1856
he located in Indiana, where he practiced law until his death,
March 20, 1882. He lived in Indianapolis from 1874 until
his death.
Gen. Ebenezer Dumont, of Vevay, formerly a Democrat,
but a Unionist in 1863, succeeded Albert G. Porter from the
Sixth. He was a son of John and Julia Dumont, born in
Vevay, November 23, 1814. He received a classical education,
read law with his father and practiced in Vevay. He was
in the state House of Representatives, 1838; a lieutenant-
colonel in the Mexican War; colonel of the Seventh Indiana
Regiment in the Civil War; served in Congress, 1863 to 1867.
He died in Indianapolis, April 16, 1871.
From the Eighth district, Godlove Steiner Orth, of Lafay-
ette, made his initial appearance, succeeding his fellow mem-
ber of the bar, Albert S. White. He served four terms in
succession, 1863 to 1871. He was born in Lebanon, Pennsyl-
vania, April 22, 1817; graduated from Gettysburg College;
read law there and commenced the practice in Indiana about
1840. He was in the state Senate from 1843 to 1848 ; a mem-
ber of the peace conference of 1861 ; captain in the Civil War;
minister to Vienna; in Congress a second time from 1879
until his death, December 16, 1882.
From the Tenth district, Joseph Ketchum Edgerton, a
lawyer of the Fort Wayne bar, succeeded William Mitchell
in 1863. Edgerton was born in Vergennes, Vermont, Feb-
ruary 16, 1818; he studied law in Plattsburg, Vermont; prac-
ticed law in New York City until 1854, when he moved to
Fort Wayne. At the time of his election in 1862, he was presi-
dent of the Fort Wayne & Chicago Railroad. He died in
Boston, Massachusetts, August 25, 1893.
From the Eleventh district, James Foster McDowell, a
lawyer from Marion, Indiana, succeeded General Shank. He
was bom in Mifflin county, Pennsylvania, December 3, 1825;
438 Courts and Lawyers of Indiana
was admitted to the bar in 1846 in Darke county, Ohio. He
at once located in Marion, Indiana, where he divided his time
between poHtics and the law until his death at Marion, April
18, 1887. He served only in the thirty-eighth session of
Congress.
The return of the soldiers was evidenced by the slaughter
of several young ambitions among the legal fraternity in 1864.
Judge William E. Niblack served eight years from the First
(1865-1873), following this by a distinguished service of
twelve years (1877-1889) on the Supreme bench of the state,
one of the very few men who have held both of these po-
sitions.
Michael Crawford Kerr, a brilliant young lawyer from the
Floyd county bar, displaced James A. Cravens from the Sec-
ond. Kerr was bom at Titusville, Pennsylvania, March 15,
1827. He graduated from the Louisville Law School and be-
gan practice at New Albany in 1852. He was prosecutor in
1855 ; a member of the state Legislature in 1856 ; reporter of
the Supreme court from 1862 to 1865 ; in Congress from 1865
to 1873, and again from 1875 until his death, August 19, 1876.
He was elected speaker in 1875.
Ralph Hill, a lawyer of Columbus, Indiana, succeeded
Henry W. Harrington in 1865, serving one term. He was
born in Johnson county, Ohio, October 12, 1827. He prac-
ticed in Columbus and Indianapolis, and died in the latter
city, August 20, 1899.
John Hanson Farquhar, of the Brookville bar, succeeded
William S. Holman in the Fourth district. He was born in
Carroll county, Maryland, December 20, 1818; moved to
Brookville, Indiana, in 1833, where he practiced until after
the war. He then engaged in the banking business in In-
dianapolis until his death, October 3, 1873. Governor Baker
appointed him secretary of state in 1872 to fill the vacancy
caused by the death of Norman Eddy.
Henry Dana Washburn, of the Clinton bar, successfully
contested the seat of Voorhees from the Seventh. Washburn
was a tanner by trade, and was born in Windsor, Vermont,
on March 28, 1832. He studied law and began practice at
Clinton, Indiana. He was colonel of the Eighteenth Indiana
Regiment in the Civil War, rising to the rank of brevet major-
The New Bar (1852-1916) 439
general, and served two terms in Congress (1865-1869). He
died at Clinton, January 26, 1871.
Thomas N. Stillwell, of the Anderson bar, succeeded
James F. McDowell from the Eleventh. He was born in Still-
well, Ohio, August 29, 1830; began practice in Anderson,
Indiana ; served in the state Legislature in 1857 ; served in
the army; was a member of Congress from 1865 to 1867;
minister to Venezuela, 1867-1868 ; died at Anderson, January
14, 1874. There were thus seven new faces in this delegation
of 1865, the first after the close of the war. Of the entire
delegation all were lawyers but two, Schuyler Colfax, an editor
from South Bend, and Joseph H. Defrees, an editor of Elk-
hart. Both had learned the trade of printing together under
John D. Defrees.
The Hoosier delegation to the fortieth Congress (1867-
1869) did not have so many nevv^ men. Morton Craig Hunter
defeated Daniel W. Voorhees in the Sixth and thus made his
initial appearance in Congress, a body he honored by four
terms' service, 1867 to 1869 and 1873 to 1879. He came up
from the Bloomington bar. He was bom in Versailles, Indi-
ana, February 5, 1825; graduated from Indiana University
in 1849 ; rose to the rank of brigadier-general in the Civil
War; practiced law in Bloomington until his death, October
25, 1896.
John Coburn, of the Indianapolis bar, succeeded General
Dumont in the Sixth. He was bom in Indianapolis, October
27, 1825, graduated from Wabash College; read law and was
admitted to the bar in 1849 at Indianapolis, where he always
practiced; was brigadier-general in the Civil War; was in
Congress from 1867 to 1875; died in Indianapolis, January
28, 1908.
William Williams, a lawyer of the Warsaw bar, succeeded
Joseph H. Defrees in the Tenth district. He was born in
Carlisle, Pennsylvania, May 11, 1821. He practiced all his
life at Warsaw, except while in the army. General Shank
returned from the Eleventh district. There were thus ten
lawyers out of eleven in the delegation of 1867.
In the forty-first Congress (1869-1871) there were only
a few changes. Daniel D. Pratt, of Logansport, succeeded
Henry D. Washburn, of Clinton, but was soon transferred
440 Courts and Lawyers of Indiana
to the Senate and his place was taken by James N. Tyner,
of the Peru bar. He was born in Brookville, January 17,
1826; educated in the Brookville Academy; spent ten years
in business in his native town ; read law and located in Peru.
He was in the postoffice department from 1861 to 1866; in
Congress from 1869 to 1875, and spent the rest of his life
in the postoffice department, being postmaster-general from
1876 to 1877. He died in Washington, D. C, December
5, 1904.
Jasper Packard, of the Laporte bar, succeeded Schuyler
Colfax in the Eleventh. He was born in Austintowai, Ohio,
February 1, 1822; graduated from the University of Michi-
gan in 1855 ; studied law and located in Laporte, Indiana, in
1861 ; went into the army and rose to the rank of a brigadier-
general ; was sent to Congress from 1869 to 1875 ; died while
commandant of the Soldiers' Home at Marion, Indiana, De-
cember 13, 1898. This 1869 delegation of eleven were nearly
all lawyers.
The forty-second Congress (1871-1873) brought only two
new men to the Indiana group. One of these. Gen. Mahlon D.
Manson, of the Seventh, was not a lawyer. From the Fourth
district, Jeremiah Morrow Wilson succeeded George W. Julian.
Wilson was born in Warren county, Ohio, November 25, 1828 ;
served in Congress, 1871 to 1876, and then located in Wash-
ington, D. C, where he died September 24, 1901.
In the congressional apportionment of December 23, 1872,
Indiana received thirteen representatives, the number which
it has since retained. Two were elected at large, Godlove S.
Orth, of the Lafayette bar, and William Williams, of the
Warsaw bar, both of whom had seen service before.
From the Second district a new member, Simon K. Wolfe,
appeared to take the place of Michael Kerr. Wolfe came from
the New Albany bar, as had Kerr, his predecessor. He was
born in New Albany, February 14, 1824 ; graduated from the
law department of Indiana University in 1850; located at New
Albany, where he practiced until his death, November 18,
1888. He was a state senator from 1860 to 1864, and Cir-
cuit Judge by appointment from July to November, 1880.
Thomas Jefferson Cason came up from the Lebanon bar
to succeed General Manson in the Seventh. He was born in
The New Bar (1852-1916) 441
Union county, Indiana,, September 13, 1828 ; read law and
began practice at Lebanon in 1850 ; served in the Legislature,
1861-1867 ; was Common Pleas Judge ; went to Congress from
1873 to 1877, and died in Washington, D. C, July 10, 1901.
The other new member of the forty-third delegation was
Henry Benton Sayler, of the Huntington bar, where he had
been practicing since 1859. He was born in Montgomery
county, Ohio, March 31, 1836; moved to Clinton county and,
when admitted to the bar, located at Huntington. He was
a major in the Civil War; in Congress, 1873-1875; Circuit
Judge, 1881-1888, and died in Huntington, June 18, 1900.
After the political upheaval of 1874 cleared away, the old
Indiana delegation was found to be wrecked. Only four old
faces remained and one of these, M. C. Kerr, of New Albany,
was soon removed by death. Of the new members, not all,
thanks to the Granger uprising, were lawyers. Jeptha D.
New, of the Jennings county bar, took his seat from the
Fourth district. He was later on the Appellate bench, 1891-
1892. Milton Stapp Robinson, of the Anderson bar, sat from
the Sixth. He was on the Appellate bench with New.
Andrew Holman Hamilton, of the Fort Wayne bar, was
elected from the twelfth district. He was born in Fort
Wayne, June 7, 1834. He graduated from Wabash College
and later from Harvard Law School, and practiced until his
death in Fort Wayne, May 9, 1895.
The last of this strange delegation was John Harris Baker,
of the Goshen bar, who represented the Thirteenth district.
He was born in the state of New York, February 28, 1832.
Baker attended Wesleyan University and read law at Adrian,
Michigan ; he commenced practice at Goshen, Indiana, in 1857 ;
sat in Congress, 1875-1881 ; was appointed United States
District Judge by President Harrison in 1892 and served until
1902, when he resigned.
At least five of the representatives from 1875 to 1877 were
farmers, including "Blue Jeans" Williams, later Governor of
the state (1877-1880). It is also noticeable that it contained
two Appellate Judges and one United States Judge. It was
probably the most sweeping change ever made in the state's
representation.
In the representation from 1877 to 1879 there was also
442 Courts and Lawyers of Indiana
considerable change, due to the recovery by the Republican
party and the waning of the Granger strength. Thomas Reed
Cobb, of the Vincennes bar, began a career of ten years'
service from the Second district. He was born in Lawrence
county, Indiana, July 2, 1828 ; educated at Indiana University ;
read law and practiced at Bedford from 1853 to 1867; then
moved to Vincennes, where he practiced until his death, June
23, 1892. He served in Congress from 1877 until 1887.
George Augustus Bicknell came up from the Scott county
bar to represent the Third district. He was later a Supreme
court commissioner, in the reference to which, elsewhere in
this work, his biography may be found. He served two terms
(1877-1881) in Congress.
Leonidas Sexton, of the Rushville bar, represented the
Fourth district in the forty-fifth Congress. He was born in
Rushville, May 19, 1827; graduated from Jefferson College,
Pennsylvania, in 1847, and practiced at Rushville. He died
in Parsons, Kansas, July 4, 1880.
Thomas McClelland Browne began a congressional career
of fourteen years in 1879. He came from the Randolph bar
to represent the Fifth district. He was born at New Paris,
Ohio, April 19, 1829; came to Indiana in 1844; read law at
Winchester and practiced there from 1849 until his death,
July 17, 1891. He was a brigadier-general in the Civil War;
United States attorney for Indiana, 1869-1872; in Congress
from 1877 to 1891.
John Hanna, of the Greencastle bar, was elected from the
Seventh to succeed Franklin Landers, the Granger, and served
only one term (1877-1879). He was born in Marion county,
September 3, 1827 ; graduated from Asbury College ; read law
and practiced in Greencastle from 1850 until his death, Octo-
ber 24, 1882, except for a few years spent in Kansas just
before the war. He was United States district attorney from
1861 to 1866.
Michael D. White, of the Crawfordsville bar, represented
the ninth district, succeeding T. J. Cason. White was born
in Clark county, Ohio, September 8, 1827; moved to Indiana
in 1829 ; studied law and began practice at Crawfordsville,
where he still lives.
The New Bar (1852-1916) 443
William Henry Calkins, a young lawyer of the Laporte
bar, succeeded Doctor Haymond in the tenth district. Cal-
kins was born in Pike county, Ohio, February 18, 1842 ; read
law and located at Laporte; served in the Union Army,
1861-1865 ; was in Congress from 1877 to 1884, when he re-
signed and moved to Tacoma, Washington, where he served
as Territorial Judge until his death, January 29, 1894. There
were seven new men in the delegation of 1877, all lawyers.
Of the entire delegation, twelve again were lavv^ers, only one
farmer remaining, Benoni S. Fuller, of Boonville, Indiana.
There were six new men from Indiana in the Forty-sixth
Congress (1879-1881), and only two of these were lawyers.
The first lawyer among these, Calvin Cowgill, hailed from
the Wabash county bar. He represented the Eleventh dis-
trict. Cowgill was born in Ohio, January 7, 1819 ; came to
Indiana in 1836; read law in Winchester and located in
Wabash, where he practiced until his death, February 10,
1903. He was provost marshal from 1862 to 1865, and served
in Congress from 1879 to 1881.
The other lawyer was Walpole Gillespie Colerick, of the
Ft. Wayne bar, who represented the twelfth. He was born in
Ft. Wayne, August 1, 1845; lived there all his life, dying
January 11, 1911. He belonged to a family of lawyers and
lived up to his traditions. Of the other four, one was a manu-
facturer, one a teacher, one a Methodist preacher, and one a
blacksmith. It seems to have been a hard year for the
lawyers.
The election of 1880 brought seven new men into the Indi-
ana delegation, all but three of whom were lawyers. From
the Corydon bar came Strother M. Stockslager, to represent
the third. He was born in Mauckport, Harrison county, Indi-
ana, May 7, 1842 ; graduated from Indiana University ; rose to
the rank of captain in the Civil War; was admitted to the
bar in 1871 ; was in Congress from 1881 to 1885 ; and since
leaving Congress has been connected with the government
land office in Washington, D. C.
Courtland Cushing Matson, of the Greencastle bar, was
elected from the fifth district. He was born at Brookville,
April 25, 1841; graduated from Asbury College in 1862;
444 Courts and Lawyers of Indiana
served in the Civil War as a colonel ; was admitted to the bar
at Greencastle, where he has since practiced. Matson served
in Congress from 1881 to 1889.
Stanton J. Peelle, of the Indianapolis bar, was elected from
the seventh district. He was born in Wayne county, Indiana,
February 11, 1843; served in the Civil War; studied law and
was admitted to practice at Winchester ; moved to Indianapolis
in 1869 ; went to Congress, 1881-1883 and is now Chief Jus-
tice of the Court of Claims, Washington, D. C.
Mark Lindsey DeMotte came up from the Valparaiso
bar to represent the tenth district in 1881. He was born in
Rockville, Indiana, December 28, 1832; graduated from As-
bury Law School in 1885, and began practice at Valparaiso
the same year ; was a captain in the Civil War ; went to Lex-
ington, Missouri, where he stayed until 1877; practiced law
at Valparaiso until his death, September 23, 1908. He was
dean of the Northern Indiana Law School after 1890.
The election of 1882 brought out five new congressmen,
only one of whom, John E. Lamb, is very well known. Lamb
came from the Terre Haute bar to represent the Eighth dis-
trict. He was born in Terre Haute, December 26, 1852 ; read
law and practiced there until his death. August 26, 1914.
Thomas Benson Ward, of the Lafayette bar, represented
the ninth district. He was born in Union county, Ohio, April
27, 1835 ; came to Lafayette in 1836 ; graduated from Wabash
College and later from Oxford College, in June, 1855; was
admitted to the Lafayette bar in 1857 ; was elected mayor of
Lafayette for the term 1861 to 1865 ; was Superior Judge of
Tippecanoe county from 1875 to 1880, served in Congress,
1883-1887, and died in Lafayette, January 1, 1892.
Thomas Jefferson Wood, of the Lake county bar, was
elected from the tenth district. He was born in Athens
county, Ohio, September 30, 1844; graduated from the Michi-
gan University Law School in 1867, and located at Crown
Point, Indiana, where he practiced until his death, October
13, 1908.
Robert Lowry, of the Goshen bar, came from the tenth
district. He was born in County Down, Ireland, in 1822 ; read
law and came from New York to Ft. Wayne in 1843; was
The New Bar (1852-1916) 445
admitted to the bar and located in Goshen in 1846; was
appointed Circuit Judge in 1852 and was again elected Circuit
Judge in 1864. Lowry was the first president of the Indiana
Bar Association in 1879; served in Congress from 1883 to
1887, and died in 1904.
Five of the thirteen congressmen from Indiana in 1885
needed an introduction at Washington. From the third dis-
trict, Jonas G. Howard succeeded Stockslager, and served
two terms. Howard came from the Jeffersonville bar, where
he had been practicing since he graduated from the State
University in 1851. He was born in Floyd county. May 22,
1825, and died at Jeffersonville, Indiana, October 5, 1911.
William D. Bynum was elected from the Indianapolis bar
to represent the seventh district. He was born near New-
berry, Indiana, June 20, 1846 ; graduated from the State Uni-
versity in 1869 ; read law and practiced at Washington, D. C,
from 1869 to 1887, when he moved to Indianapolis. He sat
in Congress from 1885 to 1895. Since that time he has prac-
ticed in Indianapolis.
James T. Johnson, of the Rockville bar, displaced Lamb
in the eighth district. Johnson was born in Putnam county,
Indiana, January 19, 1839; served throughout the Civil War;
was admitted to the bar in 1866 and practiced at Rockville
until his death, July 19, 1904. He was in Congress from 1885
to 1889.
George Ford, of the South Bend bar, displaced Benjamin
Shively in the thirteenth. He was born in South Bend, January
11, 1846; studied law and located at South Bend, where he
has since practiced. He served in Congress from 1885 to
1887. He has been on the Superior Court bench of St. Joseph
county since January 1, 1915.
The election of 1886 returned five strangers, counting
General Hovey, who was elected from the first district and
who resigned in 1888 to make a successful race for governor.
His place was filled by a special election in which Frank B.
Posey, of the Evansville bar, was successful.
John H. O'Neall, of the Washington bar, came up from
Daviess county to represent the second district, succeeding
Thomas R. Cobb. O'Neall was born at Newberry, South Caro-
446 Courts and Lawyers of Indiana
lina, October 30, 1837 ; graduated from Indiana University in
1862; from the law department of Michigan University in
1864, and located at Washington, Indiana, where he practiced
until his death, July 15, 1907. He was in Congress from 1887
to 1891.
Joseph B. Cheadle, of the Newport bar, was elected from
the ninth district to succeed Thomas B. Ward. Cheadle was
born at Perrysville, Indiana, August 14, 1842. He studied
at Asbury College; served in the Civil War; graduated from
the Indianapolis Law School in 1867 ; practiced at Newport,
Indiana, until 1873, when he took up newspaper work. He
died in Frankfort, Indiana, May 28, 1904. He sat in Con-
gress from 1887 to 1891.
Six new members appeared with the delegation to the
fifty-first Congress in 1889. At the head of the list stood
Judge William Fletcher Barrett, of the Evansville bar, who
represented the first district. Barrett was born near Bosey-
ville, Indiana, August 10, 1825; attended Asbury College;
read law and began practice in Evansville. In 1852 he went
to Oregon, where he remained two years. From 1855 to 1865
he practiced in Boonville, and from that time until his death,
June 30, 1895, he practiced in Evansville. He was Circuit
Judge for a quarter of a century (1859-1869; 1873-1888), and
was in Congress from 1889 to 1893.
From the Seymour bar came the brilliant, erratic Jason
Brevoort Brown to succeed Jonas Howard of the third. Brown
was the John Randolph of Indiana congressmen. He was born
in Dillsboro, Indiana, February 26, 1839. He read law in
Indianapolis until 1860, when he was admitted to the bar
and located at Seymour, where he practiced until his death,
March 10, 1898. He sat in Congress from 1889 to 1895.
George William Cooper, of the Columbus bar, succeeded
C. C. Matson from the fifth. Cooper was born in Bartholo-
mew county. May 21, 1851 graduated from the law depart-
ment of Indiana University in 1872, and practiced until his
death, November 27, 1899, at Columbus, Indiana. He sat in
Congress from 1889 to 1895.
Elijah Voorhees Brookshire, of the Crawfordsville bar,
took the place of James T. Johnson in the eighth district.
The New Bar (1852-1916) 447
Brookshire was born near Ladoga, Indiana, August 15, 1856 ;
graduated from the Central Normal College in 1878; read
law and commenced practice at Crawfordsville in 1883; sat
in Congress from 1889 to 1895, and since 1895 he has prac-
ticed in Washington, D. C.
Augustus Newton Martin, of the Bluffton bar, succeeded
George W. Steele in the eleventh district. Martin was born
in Butler county, Pennsylvania, March 23, 1847; graduated
from Eastman College in 1867 ; served in the army during the
Civil War; read law in Bluffton in 1869 and was admitted
to the bar in 1870 ; was Supreme Court reporter from 1877-
1881; practiced law in Texas from 1881 to 1883 and then
returned to Bluffton where he practiced from 1883 until his
death, July 11, 1901. He was in Congress from 1889 to 1895.
Charles A. 0. McClellan, of the Auburn bar, was elected
from the twelfth and served two terms, 1889 to 1893. He
was born in Ashland, Ohio, May 25, 1835; studied law in
Auburn and was admitted to practice in 1860; he died at
Auburn, January 31, 1898.
The state came through the election of 1890 with only
four wrecks in their congressional delegation. John L. Bretz,
of the Jasper bar, succeeded John H. O'Neall from the sec-
ond. Bretz was born near Huntington, Indiana, September
21, 1852 ; graduated from the Cincinnati Law School in 1880 ;
located at Jasper where he is still practicing. He sat in Con-
gress from 1891 to 1895, and has been on the Circuit bench
since 1908.
Henry Underwood Johnson, of the sixth district, quit his
practice at the Richmond bar in 1891, to devote eight years
to congressional seiwice. He was born in Cambridge City,
Indiana, October 28, 1850 ; attended Earlham College ; studied
law and located at Richmond, where he has since practiced.
He was in Congress from 1891 to 1899.
Dan Waugh, of the Tipton bar, was elected from the ninth
district over Joseph B. Cheadle. Waugh was born in Wells
county, Indiana, March 7, 1842 ; served in the Union Army
three years ; studied law and located in Tipton, where he has
since practiced. . He was in Congress from 1891 to 1895, on
the Circuit bench from 1884 to 1890.
The election of 1892 brought in an almost entire Demo-
448 Courts and Lawyers of Indiana
cratic delegation with four new members. From the first
district, Arthur H. Taylor succeeded William F. Parrett.
Taylor was born in Caledonia Springs, Canada, February 29,
1852 ; he was reared in Gales county, New York ; studied law
in Indianapolis; was prosecutor of the Eleventh circuit from
1880 to 1882, and was in Congress from 1893 to 1895. Since
1895 he has been practicing in Indianapolis.
William F. McNagny superseded Charles A. 0. McClellan
in the twelfth. McNagny was one of the strong men of the
Whitley county bar. He was born in Summit county, Ohio,
April 19, 1850; moved early to Whitley county; was admitted
to the bar in 1873 ; served from 1893 to 1895 in Congress and
has since practiced at Columbia City. The other two new
men were manufacturers.
The election of 1894 was revolutionary again. The panic
of 1893 was a Waterloo to the Democrats and, as a conse-
quence, every man on the delegation except Henry U. John-
son, a Republican, lost his seat. Of the twelve men who took
their places, only one had ever been in Congress before, George
W. Steele, a lawyer of Marion.
James M. Hemenway, who came from the first district,
later served in the United States Senate. Alexander Merrill
Hardy came from the Daviess county bar to represent the
second. He was born in Simcoe, Ontario, December 16, 1847,
and after spending some time in Poughkeepsie, New Orleans,
and Natchez, settled down to practice law at Washington,
Indiana, in 1884. -He served from 1895 to 1897 in Congress
and then located at Los Angeles, California, where he is now
practicing.
Robert John Tracewell, of the Corydon bar, was elected
from the third. He was born in Warren county, Virginia,
May 7, 1852; moved to Harrison county, Indiana, in 1854;
graduated from Hanover College in 1874 ; located at Corydon,
where he practiced until 1895; sat in Congi-ess from 1895
to 1897 ; was comptroller of the currency from 1895 to 1913,
and from 1913 until his death practiced law at Washing-
ton, D. C.
James Eli Watson came from the fourth district to begin
a congressional career of twelve years. He was born at
The New Bar (1852-1916) 449
Winchester, Indiana, November 2, 1864; studied at DePauw;
read law and was admitted to the bar in 1886 and located at
Winchester; moved to Rushville in 1893, where he has since
practiced. He was in Congress from 1895 to 1897, and again
from 1899 to 1909 ; he is now candidate for United States sen-
ator to fill the unexpired term of Benjamin F. Shively.
Jesse Overstreet, of the Franklin bar, was elected from
the fifth district and began a career of twelve years in Con-
gress. He was born in Franklin, Indiana, December 14, 1859 ;
graduated from Franklin College in 1882; read law with his
father in 1886, when he was admitted to practice. He served
in Congress from 1895 to 1907, and died at Indianapolis, June
3, 1910.
Charles L. Henry, of the Anderson bar, represented the
seventh district from 1895 to 1899. He was born in Hancock
county, Indiana, July 1, 1849 ; graduated from the law school
of Indiana University in 1872; located at Pendleton and in
1875 moved to Anderson, Indiana, where he practiced until
1899, when he went into business. He moved to Indianapolis
upon becoming connected with the Union Traction Company
and has since made that city his home.
George Washington Faris, of the Terre Haute bar, came
from the eighth district. He was born in Jasper county,
Indiana, June 9, 1854; was reared in Pulaski county; gradu-
ated from Asbury College in 1877 ; read law and was admitted
to practice in Terre Haute in 1877 ; served in Congress from
1895 to 1901, and then resumed practice in Terre Haute.
James Franklin Hanly, of the Lafayette bar, came to
represent the ninth district from 1895 to 1897. He was later
governor from 1905 to 1909. His sketch is given in the dis-
cussion of the governors.
Lemuel W. Royse, of the Kosciusko bar, was elected from
the thirteenth district. He was born in Kosciusko county,
Indiana, January 19, 1848 ; was admitted to the bar and
located at Warsaw in 1874. He served in Congress from 1895
to 1899 and then resumed practice in Warsaw, Indiana. Royse
served on the Circuit bench from 1904 to 1908. This was a
solid Republican delegation, all being lawyers but two, Jethro
Hatch and Jacob D. Leighty.
(29)
450 Courts and Lawyers of Indiana
The presidential election of 1896 retired five of the last
delegation, substituting Democratic lawyers in the second,
third and twelfth districts. Robert W. Miers, of the Bloom-
ington bar, came from the second district. He was born near
Greensburg, Indiana, January 27, 1848; graduated from the
law department of Indiana University in 1872; located at
Bloomington, where he has since practiced. He was in Con-
gress from 1897 to 1905; and is now Circuit Judge (1914-
1920), a position he had previously held from 1890 to 1896.
Francis Marion Griffith, of the Vevay bar, was chosen at a
special election to fill a vacancy caused by the death of W. S.
Holman. Griffith was born in Switzerland county, Indiana,
August 21, 1849; studied law and began practice at Vevay;
served in the state Senate from 1886 to 1894 ; sat in Congress
from 1897 to 1905; since that time he has practiced at Vevay.
He was elected Circuit Judge in 1914 for a term of six years,
beginning in November, 1915.
Edgar Dean Crumpacker, of the Valparaiso bar, began
a sixteen-year career in Congress from the tenth district,
serving continuously from 1897 to 1913. Upon the organiza-
tion of the Appellate Court in 1891, Governor Hovey appointed
Crumpacker as one of the first judges of the new court, and
he served on the bench until January 1, 1893. A sketch of
his life is given in the discussion of the Appellate bench.
From the twelfth district and the Ft. Wayne bar, James
McClellan Robinson succeeded Jacob D. Leighty. Robinson
was born near Ft. Wayne, Indiana, May 31, 1861 ; studied law
and began practice in 1882; sat in Congress from 1897 to
1905 ; since then he has practiced in Ft. Wayne.
There were only two strange faces in the congressional
delegation from Indiana in 1899. Charles L. Henry gave way
to George Washington Cromer in the eighth. Cromer was
born in Madison county, Indiana, May 13, 1856; graduated
from Indiana University in 1882; practiced in Muncie after
1886 ; sat in Congress from 1899 to 1907. He is now prac-
ticing at Muncie, Indiana.
Abraham Lincoln Brick, who succeeded Royse in the thir-
teenth, came from the South Bend bar. He was born in St.
Joseph county, Indiana, May 27, 1860; graduated from the
The New Bar (1852-1916) 451
law department of Michigan University in 1883 ; began prac-
tice at South Bend, where he practiced until his death, April
7, 1908. He served in Congress from 1899 until his death.
All the members of this delegation were lawyers, but Charles
B. Landis, who was an editor from Delphi, Indiana.
The election of 1900 displaced only one man, the least
change made in any election since 1852. Elias Selah Holliday,
of the Brazil bar, succeeded Paris in the fifth district. Hol-
liday was born in Aurora, Indiana, March 5, 1842. He
attended Hartsville College; read law and began practice in
Brazil, Indiana, in 1874, where he has since practiced. He
served in Congress from 1901 to 1909.
The election of 1900 set a new mark, which the election
of 1902 sustained. The old delegation lost only one member,
George W. Steele, who was succeeded by Frederick Landis,
of the Logansport bar, in the eleventh district. Landis was
born in Butler county, Ohio, August 18, 1872 ; studied law and
began practice in 1893; served in Congress from 1903 to
1907, since which time he has practiced at Logansport.
The election of 1904 brought three new faces and special
elections added two more. Lincoln Dixon succeeded F. M.
Griffith from the third. Dixon was born in Vernon, Indiana;
graduated from the State University in 1880 ; began practice
at North Vernon, Indiana, in 1882, and has since practiced
there. He has served in Congress continuously since 1905.
John Crawford Chaney, of the Sullivan bar, succeeded R.
W. Miers in the fourth. Chaney was born at New Lisbon,
Ohio, February 1, 1854 ; moved to Allen county the same year; '
graduated from Cincinnati Law School in 1882; began prac-
tice at Sullivan, Indiana, in 1883, where he has since practiced.
He sat in Congress from 1905 to 1909.
Newton Whiting Gilbert, of the Angola bar, succeeded
James M. Robinson in the twelfth. Gilbert was born in Wor-
thington county, Ohio, May 24, 1862; moved to Indiana in
1875; read law and began practice at Angola, Indiana, in
1885 ; was lieutenant-governor from 1900 to 1904. He repre-
sented Steuben and Lagrange counties in the Senate of the
sixtieth and sixty-first General Assemblies. When war was
declared between Spain and the United States in 1898, Gilbert
452 Courts and Lawyers of Indiana
joined the United States Volunteer Infantry, and was
appointed captain of Company H, One Hundred and Fifty-
seventh Indiana Regiment, and served until the regiment was
mustered out. Gilbert took his seat in the fifty-ninth Con-
gress on March 4, 1905, and served until he resigned, Novem-
ber 6, 1906, to accept an appointment as Chief Justice of the
Philippines. Gilbert's place was filled by the election of
Clarence C. Gilhams, a school teacher, of Lagrange county.
James A. Hemenway resigned in 1905 to become United
States senator and his place was filled by the election of John
H. Foster, of the Evansville bar. Foster was born in Evans-
ville, Indiana, January 31, 1862; graduated from the State
University in 1882 and from George Washington Univer-
sity in 1884; began practice in Evansville in 1885, and sat
in Congress from 1905 to 1909. Since 1909 he has practiced
law in Evansville.
Three new recruits were the result of the election cam-
paign of 1907. William Elijah Cox, of the Jasper bar, suc-
ceeded Zenor in the third district. Cox was born in Dubois
county, Indiana, September 6, 1865 ; graduated from Lebanon
University and from the law school of Michigan University;
began practice at Jasper, Indiana, in 1889 and has since prac-
ticed there. He has served in Congress since 1907.
John Alfred McDowell Adair, of the Portland bar, suc-
ceeded George W. Cromer in the eighth. Adair was born in
Jay county, Indiana, December 22, 1863; studied law and
began practice at Portland, Indiana, in 1895. He has served
in Congress since 1907. He is the Democratic candidate for
governor to succeed Ralston.
George W. Ranch, of the Marion bar, succeeded Fred Lan-
dis in the eleventh. Ranch was born in Huuntington county,
Indiana, February 22, 1876; studied law at Valparaiso; began
practice in Marion, Indiana, in 1902. He has served in Con-
gress since 1907.
The Republicans had been gradually losing ground in the
elections since 1894, but the landslide came in 1908. After
the battle was over and the roll was called it was found that
only two Republicans, Edgar D. Crumpacker, of the tenth
district, and W. 0. Barnard, of the sixth, a new man, could
The New Bar (1852-1916) 453
answer. The slaughter had been heartrending. Not all of the
new men, however, were lawyers.
William Allen Cullop, of the Vincennes bar, defeated
Chaney in the second. Cullop is a native of Knox county, born
March 28, 1853; graduated from Hanover College in 1878;
studied law and began the practice at Vincennes in 1880, and
has practiced there since. He has sat in Congress since 1909.
William Oscar Barnard, who succeeded James E. Wat-
son from the sixth, came up from the New Castle bar where
he had served as prosecutor, 1886-1892, and Circuit Judge
from 1896 to 1902. He was born in Union county, Indiana,
October 25, 1852 ; was educated at Spiceland Academy, studied
law and has practiced all his life at New Castle. He sat in
Congress from 1909 to 1911 and then resumed the practice.
Charles Alexander Korbly, of the Indianapolis bar, suc-
ceeded Overstreet in the seventh. Korbly was born in Madi-
son, Indiana, March 24, 1871 ; worked on the Madison Herald
three years and then moved to Indianapolis, where he studied
law and has practiced all his life at NewCastle. He sat in
in Congress from 1909 to 1915.
Martin A. Morrison, of the Frankfort bar, succeeded
Charles B. Landis in the ninth. Morrison was born in Frank-
fort, Indiana, April 15, 1862; graduated from Butler College
in 1883 ; studied law and has practiced all his life at Frank-
fort. He has been in Congress since 1909.
Cyrus Cline, of the Angola bar, succeeded Gilhams in the
eleventh. Cline was born in Richland county, Ohio; gradu-
ated from Hillsdale College, Michigan, in 1876; was county
superintendent of schools of Steuben county, 1877 to 1883;
studied law and was admitted to the bar; began practice at
Angola in 1884. He has sat in Congress since 1909.
The election of 1910 took one of the two remaining Re-
publicans from the Indiana delegation. Finley H. Gray, of
the Connersville bar, took the place of Barnard in the sixth.
This also was the only change in the Indiana delegation. Gray
was born in Fayette county, Indiana, July 24, 1864; was
admitted to the bar in 1893 at Connersville, where he has
since practiced. He has sat in Congress since 1911.
The election of 1912, though a presidential year, brought
454 Courts and Lawyers of Indiana
only two new recruits to the Indiana delegation. It removed
the last Republican, leaving a solid Democratic representation
from the state. Only one of the two was a lawyer. John
B. Peterson, of the Crown Point bar, who succeeded Crum-
packer in the tenth, was born in Lake county, Indiana, July
4, 1851. He studied law and began the practice at Crown
Point in 1870 and has practiced there continuously since that
time.
In the election of 1912 the Republicans had touched bot-
tom, but two years later had begun to come to the surface
again. Two new men appeared in the Hoosier delegation to
the sixty-fourth Congress, both Republicans and both widely-
known lawyers.
In the seventh district, Merrill Moores, of the Indianapolis
bar, succeeded Korbly. Moores was born in Indianapolis,
April 21, 1856; graduated from Yale in 1878; was admitted
to the bar at Indianapolis in 1880, and has since practiced
there. He has sat in Congress since 1915.
In the tenth district, William R. Wood, of the Lafayette
bar, succeeded Peterson. Wood was born at Oxford, Benton
county, Indiana, January 5, 1861; graduated from the Law
School of Michigan University in 1882, and began practice at
Lafayette the same year; served in the state Legislature
eighteen years ; has served in Congress since 1915.
A casual glance over the first century of our history is all
that is necessary to convince anyone that the lawyers all but
monopolized the representation of the state in Congress. A
few, only, of those not lawyers who occasionally broke into
the delegations remained long enough to gain any influence,
and not more than five can be said to have achieved a con-
gressional career. There were Ratliflf Boone, of Boonville;
Dr. John W. Davis, of Carlisle; Schuyler Colfax, of South
Bend; Charles B. Landis, of Logansport, and Benjamin F.
Shively, of South Bend. The last named acquired a good
reputation as a lawyer before he took up journalism.
On the other hand, not less than thirty-five of these, Will-
iam Price, John Test, Thomas H. Blake, George H. Dunn,
William H. Wick, Richard W. Thompson, Samuel C. Sample,
John Pettit, Elisha Embree, James Lockhart, Ebenezer M.
Chamberlain, John U. Pettit, William E. Niblack, James
The New Bar (1852-1916) 455
Hughes, David Kilgore, William S. Holman, John Law, John
Coburn, Simeon K. Wolf, Henry B. Sayler, Jeptha D. New,
George A. Bicknell, Robert Lowry, William F. Parrett, Charles
A. 0. McClellan, John L. Bretz, Alvin P. Hovey, Daniel
Waugh, Robert W. Miers, John H. Baker, William T. Zenor,
Francis M. Griffith, Milton S. Robinson, Lemuel W. Royse,
Thomas R. Cobb, William 0. Barnard and Edgar D. Crum-
packer, and perhaps others, earned the right to be called Judge
by actual service on the bench. At least three judges on the
Circuit bench today have sat in Congress, Francis M. Griffith,
John L. Bretz and Robert W. Miers. Congressman John
Pettit, William Niblack and Alvin P. Hovey served on the
Supreme bench and Milton S. Robinson and Edgar D. Crum-
packer served on the Appellate bench and in Congress. John
Pettit, of the Supreme court Judges, served in the Senate.
The record is most interesting.
CHAPTER XVI.
Indiana State Bar Association.
So far as is known, no State Bar Association was organ-
ized in Indiana until June 23, 1896. It should not be inferred
from this that there had been no fraternal or professional
communication among the lawyers during the ninety-seven
years since they first made their appearance on Indiana soil.
The so-called "great lawyers" of the old Supreme bench were
well acquainted with each other personally. Each and all
of them frequently attended the sittings of the Supreme
court at the capital, where, while causes were being tried,
they mingled in good fellowship. On many occasions they
sat together and listened to the eloquent tributes paid by the
brothers to departed members. Some of the finest traditions
of the profession have come down to us from those occa-
sions. We are apt to forget in reading of the active oppo-
sition of these old lawyers, one to another, that underneath
it all there was a professional spirit and personal attachment
not unlike that which in the older times permeated knighthood.
Then there was no occasion for the annual meeting which
is the one great feature of the present Bar Association. Twice
each year a large proportion of the lawyers met at the ses-
sions of the Supreme court — a larger proportion than now
attends the annual meetings of the association. On the cir-
cuit in the early days it was not unusual for a score of the
lawyers, all those perhaps in a fourth part of the state, to be
together for a fortnight. From this it can be seen that while
the formal organization of the Bar Association is a compara-
tively new thing, the underlying sentiment which supports
it is as old as the state.
The call for a meeting to organize a State Bar Association
was issued by the Marion County Bar Association. Pursuant
to this call, one hundred and twenty-one lawyers met in the
Indiana State Bar Association 457
hall of the House of Representatives at eleven o'clock a. m.,
June 23, 1896, and organized the association. Samuel Pickens,
chairman of the Marion County Bar Association, called the
meeting to order, and Judge John H. Baker, of the Federal
court, presided. Nothing was done at this meeting beyond
the formal organization. John R. Wilson, of the Indianapolis
bar, submitted the following articles of association, except
that section three was changed slightly to admit to member-
ship all members in good standing of the bar of the state of
Indiana.
ARTICLES OF ASSOCIATfOX OF THE STATE BAR
ASSOCIATION OF IXDIASA.
{Adr-pted. 1896.)
1. The name of this association shall be •'The State Bar Association
of Indiana."
2. The objects of this association shall be : To advance the science
of jurisin-udence, promote the administration of justice, uphold the honor
of the profession of the law, and encourage social intercourse among the
members of the Bar of the State of Indiana.
3. Any person shall be eligible to membership in this association
who shall be a member in good standing of the Bar of the State of Indiana.
4. There shall be elected by ballot annually the following officers of
this association : A president, a vice-president, a .secretary and a treas-
urer.
The following committees shall be annually appointed by the president
for the year ensuing. Ou jurisprudence and law reform, consisting of
thirteen members, one from each congressional district; on judicial admin-
istration and remedial procedure, consisting of thirteen per.sons, one from
each congressional district; on legal education and .admission to the bar,
consisting of thirteen persons, one from each congi'essional district ; on
publication, consisting of thirteen persons, one from each congressional
district ; on grievances, consisting of thirteen persons, one from each con-
gressional district ; on admission of members to the association, consi.sting
of one person from each judicial circuit of the state.
A committee of three, of whom the secretary shall always be one,
shall be annually appointed by the president, whose duty it shall be to
report to the next meeting of the association the names of all persons
who shall have died during the year, with appropriate notice of the
deceased.
There shall also be an executive committee, consisting of the presi-
dent, the secretary, the treasurer (all of whom shall be ex-officio mem-
bers), together with four other per.sons to be annually chosen by the As-
sociation. The president shall be chairman of the executive committee.
458 Courts and Lawyers of Indiana
The executive committee shall select the ersous to malie addresses and
read papers at the next annual meeting of the Association, and fix the
time and place of the annual meeting of the Association, and have charge
of its business and prudential affairs.
There shall be also such siseeial committees appointed by the president
or selected by the Association as may be deemed necessary.
A majority of the members of any committee, including the executive
committee, who may be present at any meeting of the committee, shall
constitute a quorum of such committee for the purpose of such meeting.
5. All nominations for membership of the Association shall be made
in writing to the committee on membership ; the latter committee shall by
ballot determine the fitness of all persons iiresented; when such a commit-
tee has approved of a name presented, it shall report such person to the As-
sociation, who shall thereupon become a member ; provided, however, that
if any member of the Association demand a vote upon any name thus
presented, the Association shall vote thereon by ballot, and five negative
votes shall be suflicieut to reject such person.
6. By-laws may be adopted at any annual meeting of the Association
by a majority vote of those present. It shall be the duty of the executive
committee first chosen, without delay, to frame suitable by-laws, which
shall be in force until rescinded by the Association.
7. Each member of the Association shall pay five dollars to the
treasurer as annual dues, and no person shall exercise any privilege of
membership who is in default. The time of payment and mode of en-
forcing the same shall be provided for by the by-laws.
S. The president of the Association shall open each annual meeting
with an address.
9. The Association shall meet annually at such time and place as the
executive committee may select, and those present at such meeting shall
constitute a quorum.
10. All the persons signing and acknowledging these articles, and nil
the persons duly elected to membership of the Association shall become
members upon the payment of the annual dues for the current year.
In testimony whereof, the undersigned have hereunto affixed their
names this, the 23rd day of June, 1S96 (it will be noticed that thirty-five
of these were from Indianapolis) :
Leander J. Monks, Winchester. Adam A. Beecher. Terre Haute.
Timothy E. Howard, South Bend. Joseph H. Shea, Scottsburg.
Leonard J. Hackney, Shelbyville. John R. Brill, Evansville.
James H. Jordan, Martinsville. James L. Mitchel, Indianapolis.
John G. Hogate, Goshen. Theodore J. Louden, Bloomington.
Enoch G. Hogate, Danville. Duane H. Bowles. Indianapolis.
Theodore P. Davis. Noblesville. E. P. Richardson, Petersburg.
George L. Reinhard. Indianapolis. V. H. Lockwood, Indianapolis.
John W. Kem, Indianpolis. Charles C. Spencer, Monticello.
Lewis C. Walker, Indianapolis. Truman F. Palmer, Monticello.
Indiana State Bar Association
459
Sumuel 1'. Pickens, ludianapolls.
W. L. Penfield. Auburn.
H. M. Logsdeu, Evansville.
Jacob D. Early, Terre Haute.
R. B. Beaucbamp. Greensburg.
Frank E. Gavin, Greensburg.
George E. Pioss, Logan-sport.
Orbindo J. Lotz. Muncie.
Robert W. McBride, lutliaupolis.
Allen Zollars, Ft. Wayne.
Robert Lowry, Ft. Wayne.
J. G. Ibacb. Hammond
G. y. Jlenzies, Jit. Vernon.
Alexander Gilcbrist, Evansville.
PbiUip W Frey, Evansville.
John W. Spencer, Evansville.
Frank B. Burke, Indianapolis.
Cbarles E. Korbly, Indianapolis.
Cbarles E. Barrett. Indianapolis.
M. F. Stannard, Jeffersonille.
Cbarles B. Stuart. Lafayette.
Hiram Teter, Indianapolis.
William H. Dye, Indianapolis.
E. K. Strong. Columbia City.
David A. Myers. Greensburg.
Flavins J. Van Vorbis. Indianapolis.
Edwin Taylor, Evansville.
J. G. Winfrey, Evansville.
J. L. Clark Danville.
G. W. Brill, Danville.
Rufus JIagee, Logansport.
I. H. Fowler, Spencer.
James W. Sansberry, Anderson.
William S. Diven, Anderson.
Frank P. Foster, Anderson.
Jesse H. Blair, Indianapolis.
Will E. Colerick, Ft. Wayne.
M. J. Clancy, Elwood.
George H. Voigt, Jeffersonville.
James W. Morrison. Frankfort.
William R. Hough. Greenfield.
Jobn V. Hadley. Danville,
Levi P. Harlan. Indianapolis.
W. N. Harding, Indianapolis.
Oliver Bogue, Wabash.
Jay A. Hindman, Hartford City.
T. E. Ellison, Ft. Wayne.
Waijiole G. Colerick, Ft. Wayne.
Cbarles A. Dryer, Indiauiwlis.
Ralph Applewhite, Seymour.
Terence B. Cunningham, Kentland.
Jobn S. Duncan, Indianapolis.
Addison C. Harris, Indianapolis.
Willard New, Vemon.
Quiney A. Myers, Logansport.
Otis L. Ballou, Lagrange.
Charles E. Shi\-ely, Richmond.
A. C. Ayres, Indianapolis.
Samuel Parker. Plymouth.
William A. Pickens. Indianapolis.
K. M. Hord, Shelbyville.
Noble C. Butler, Indianapolis.
Lafayette Perkins. Indianapolis.
John R. Wiison, ludiaupolls.
Silas A. Hays, Greeueastle.
John T. Beasley. Terre Haute.
William C. Smith, Delphi,
.llbert Rabb, Indianapolis.
W. L. Taylor, Indianapolis.
Charles L. Jewett. New Albany.
Charles F. Remy, Columbus.
William Cummings. Kentland.
William Darroch, Kentland.
Samuel Ashby, Indianapolis.
Frank McCra.v, Indianapolis.
J. H. Louden, Bloomington.
Charles W. Moores, Indianapolis.
Smiley N. Chambers, Indianapolis.
William P. Fishback, Indianapolis.
William P. Kappes, Indianapolis.
Ephraim Marsh, Greenfield.
Daniel W. Sims, Covington.
John C. Nelson, Logansport.
Edward K. Adams, Shelbyville.
Charles Martindale, Indianapolis.
Ben.i'amin Harrison, Indianapolis.
Ferdinand Winter. Indianapolis.
Nathan Morris, Indianpolis.
X. O. Ross, Logansport.
John K. Thompson. Lawrenceburg.
Robert H. Colt, Indianapolis.
John A. Finch, Indianapolis.
W. S. Shirley, Martinsville.
J. W. Headington, Portland.
460 Courts and Lawyers of Indiana
Frauk A. Comparet, Kentland Frank JI. Powers, Angola.
Sidney B. Davis, Terre Haute. Frank S. Rob.v, Angola.
John S. Bays, Sullivan. John G. Williams, Indianapolis.
Frank A. Kelley, Terre Haute.
The first regular meeting of the State Bar Association was
held on the anniversary of its organization, June 23, 1897,
at Indianapolis, Benjamin Harrison being president. His
remarks on that occasion set forth the aims of the associa-
tion better than the writer could hope to do. It is also fitting
that the vision of Indiana's greatest lawyer as described by
himself on this occasion should be preserved in this con-
nection.
One of the purposes of the Association is to promote the administration
of justice. We gather here this morning in one of the halls of the Legis-
lature of Indiana. It is a proper place for our assembling. The Legis-
lature makes a great deal of work for the lawyers. I cannot but think
that if a committee of the Bar Association — as a committee, not on
policies, but on expression — could sit in connection with the Legislature,
that the convenience and comfort of the courts, and the directness and
exactness of public laws, would be promoted. I do sincerely hope — and I
make, in this large representative assembling of the bar this morning, a
prediction that it may be so — that we have organized an association of
the profession in Indiana that is to be permanent, one that shall enlist
the enthusiastic support and co-operation of all the members of the bar
of the state. I do believe that this Association, pursuing its natural and
proper purposes expressed in its constitution, may contribute very greatly
to the good of the commonwealth of which we are citizens. I hope, there-
fore, that the interest in this Association may not be temporary or luke-
warm, but that it may be permanent and enthusiastic.
We are associated in part to promote the administration of justice,
and tiere are many ways in which this Association, co-operating with
legal associations, may greatly contribute to this end. If our courts are
to retain the veneration and respect which is due to them, and which is
not only their due, but the preservation of which, in the public estima-
tion, is essential to settled, stable, orderly public and social life, the bar
of the state must do its duty to itself and to the courts. It will discharge
that duty, I think, in the first place, by throwing Its influence as an asso-
ciation and the influence of every individual member of it. to the selection
for judicial places under our state government of those men who are fit
and fitted for the discharge of judicial duties. No other considerations
but those of integrity, address and legal acquirements should enter Into
the selection of a judicial officer.
It may be that, in the constitution of some of our great Appellate
courts, especially the Supreme court at Washington, there are party
Indiana State Bar Association 461
(Jivisious upon the Hues of great constitutional questious, such as those
that arose during the wai% that may fairly enter into the consideration of
the appointing power. Perhaps the President may rightly consider whether
the person suggested for a place upon the bench of the Supreme court has
a right opinion upon questious of the supremacy of the national govern-
ment in all national affairs; but when we come to the lower and more
subordinate and more temporary matters of politics, matters that are of
business expediency and consideration, then I hold that it is unwortliy,
especially of members of the bai% to give their ballots for a man simply
because he is of this party or that party, if in doing so they vote for the
less worthy and the less competent man.
Amid all these tumults and divisions, these agitating social questions,
these distracting and exciting questions that arise between capital and
labor, that agitate our people, that sway our assemblies — in the midst of
these, the hope of our country is in a clean, high-minded judiciary, and
we should contribute every effort to secure men of character for the.se
judicial places. Not only that, but the bar should stand against these
vindictive, malicious and unfounded assaults that are so often made upon
our judges. Anything that tends to diminish the respect of the public
for a judge tends to the public injury. If he is guilty of malfeasjince
or misconduct in otBce. if he Is corrupt, let the Bar Association be his
accuser and bring him not only to the judgment of the tribunal of the
public, but to that judgment which our constitution provides. Let us set
ourselves again.st the.se malignant, inconsiderate, unfounded imputations
against the impartiality and integrity of our judges. It is essential,
again, that the relations between the bar and the court should be placed
upon the highest level of courtesy and mutual resiject.
It Is an unseemly thing that law causes should be conducted in the
midst of wrangling and angry exchanges between court and counsel or
between counsel. There should be that mutual respect in which the judge
does not Insult or invade the just province of the lawyer, and in which
the lawyer stands as a model of courtesy and deference to the judge who
presides. Trials thus conducted dignify the court and give to judicial
proceeding.?, in the opinion of the pulilic. a decency and sanction that
they cannot afford to lose.
I suggest that we take into consideration, each for himself, whether
he has erred in these particulars, and that we bring into our practice and
into our relations to the courts and to each other some of that old-time
courtliness and dignity which characterized the bar.
Now, gentlemen, this introduction opens up many avenues of thought
and suggestion, but I forbear. Let us assembled, as we are, as lawyers,
members of a great profession, renew our allegiance to the high principles
U]ion which the law rests, and our allegiance to those exchanges of
courtesy and kindliness between bench and bar, that so much tend to
dignify the profession, to give power and sanction to the judgment of the
courts. Our judges will have no trouble in maintaining their temper. I
hope, because of all men. they have little excuse when they get mad, unless
462 Courts and Lawyers of Indiana
the lawyer lias practiced some fraud upon tbem, because I have observed
in all my practice that a case always goes — almost always goes, unless
a jury intervenes to thwart it — almost always goes the judge's way in his
court. The man who can say to his elerli : "Jlr. Clerk, enter up this
oi'der or that order," ought not to lose his temper at the lawyers who
are wrangling over the order on the floor. He can afford to smile benignly
through the whole proceeding.
The association did not hesitate to take up the work sug-
gested by its first president. The so-called "Lawyers' Amend-
ment," giving the Legislature power to prescribe qualifica-
tions for admission to the bar, had been passed for the first
time, Mai'ch 8, 1897. It would come up for a second hearing
before the Legislature of 1899 and the State Bar Association
in its June (1897) session, went on record as being favorable
to the amendment. The committee to which the amendment
was referred reported that "The reasons for this amendment
are so obvious that we deem it unnecessary to explain them."
It might be mentioned, in passing, that the 1899 Legis-
lature again passed the Lawyers' Amendment and that it
was submitted to the voters of the state on November 6, 1900,
when it was lost by a vote of 144,072 to 240,031. Although
the amendment received a majority of the votes cast for it
by those voting on the question, yet it failed to receive a
majority of all the votes cast, which total amounted to 655,965.
The Lawyers' Amendment was passed by the Legislatures of
1903 and 1905 and was again lost in the election of 1906.
For a third time an effort was made to secure the passage
of the amendment, but the election of 1910, which followed
the passage of the amendment by the Legislatures of 1907
and 1909, resulted in the defeat of the amendment for the
third time.
Another amendment to the Constitution relative to an in-
crease in the number of Supreme Judges from five to eleven
had been passed by the 1897 Legislature. The Bar Associa-
tion in its meeting in the summer of that year did not favor
the amendment as passed by the Legislature. An amend-
ment was then prepared in harmony with the views of the
Bar Association, and the committee in charge of its prepara-
tion were authorized to present it to the next Legislature
for their consideration. The amendment as prepared by the
association was as follows :
Indiana State Bar Association 463
The Supreme court sball consist of a Chief Justice and an even number
of Associate Justices of not less than eight uor more than twelve, who
shall hold their offices for ten years, if they so long behave well. The
Chief Justice shall be elected by the voters of the entire state, and the
state shall be divided into as many judicial divisions, to be composed of
contiguous territory and of as nearly equal population as may be prac-
ticable, as there are Associate Justices, and one Associate Justice shall
be elected by the voters in each of said divisions. The Associate Justices
shall be distributed into two equal divisions upon assignment from time
to time, by the Chief Justice, who shall be a member and the presiding
judge of each division. Each division shall separately hear and determine
all causes assigned to it by the Chief Justice, and its decision shall be
final, unless in the event one or more of such judges should dissent, in
which case, such cause shall be reheard and determined by the full bench.
All causes involving the constitutionality of any statute, and such other
causes as by reason of importance or difficulty may be assigned for such
hearing by the Chief Justice, shall be heard and determined by the full
bench in the first instance. In case of vacancy in the office of Chief Jus-
tice, by death or disability to act, the Associate Justices shall select one of
their own number to act as Chief Justice during the vacancy occasioned
by death or disability.
At the meeting in 1898 the question of a constitutional
amendment concerning the Supreme court was again prom-
inent. The committee submitted a tentative amendment in-
cluding two principal features. One of these was an increase
in the number of judges from five to eleven; the other in-
creasing the term of the judges to ten years. The report was
adopted only after long discussion and a rising vote. The
chief objection was the lengthening of the term.
It would be an unprofitable task to follow the career of
the State Bar Association through its twenty years of history.
It has had brought before it many questions of wide import
to the profession. At first the eflforts of the association seemed
to be centered on achieving reforms by legislation. A great
many members now regard the better way of improving the
profession and practice to be by way of educating the mem-
bers. More and more the association has taken on a cultural
and social atmosphere.
All phases of the field of law are of interest to the asso-
ciation. In order to accomplish definite results the associa-
tion has a number of committees, each composed of thirteen
members representing each Congressional district, which com-
464 Courts and Lawyers of Indiana
mittees are given charge of special fields of investigation.
A committee of thirteen looks after jurisprudence and law
reform. This is sometimes done by way of resolutions brought
before the association for indorsement, and sometimes by a
lecture.
Another committee of thirteen has to deal with questions
of judicial administration and remedial procedure. This com-
mittee studies especially the relation of judge and lawyers
in the court room and the general conduct of the court and
lawyers, as well as the influence of the laws themselves.
A third committee of thirteen has the question of legal
education and admission to the bar. This is one of the most
distressing questions which now confronts the bar. The mem-
bers feel that their profession is handicapped by an anti-
quated constitutional provision which leaves them defenseless
against quacks and mountebanks. The association has made
heroic efforts to remove this obstacle by a constitutional
amendment, but so far has failed.
A fourth committee of thirteen has for its field of opera-
tion the general subject of grievances. Any irregularity,
any unprofessional conduct, any shortcoming anywhere, that
works a hardship, is fit matter for the attention of this com-
mittee.
A fifth and last committee of thirteen looks after the pub-
lications. Little has been done along this line except the pub-
lication of an annual volume containing the proceedings of
the annual meeting, together with the addresses and papers.
In 1912 the Journal of the Constitutional Convention of 1816
was reprinted in the annual volume.
Besides these, there are committees on membership, obit-
uary notices, entertainment, by-laws, and other subjects.
Each year there is also usually a special committee to study
and report on some new question of general interest to the
bar. The last of these committees, the one for 1915, reported
on the new legislation along the line of employers' liability
and workmen's compensation.
The annual program has come to have some regular fea-
tures. Of the most notable are the president's address, the
annual address (usually by some lawyer of national reputa-
tion) and the annual banquet. Besides these, there are the
Indiana State Bar AS'sociation
465
discussions of the committee reports and the papers read by
members of the association on assigned subjects. These last
are valuable features of the proceedings from a historical
standpoint. They show the difficulties which from time to
time have confronted the profession as well as the general
sentiment of the members. The following table of officers is
given for reference:
Presidents.
1897 — Benjamin Harrison
1898 — Benjamin Harrison
1899— John R. Wilson
1900— Robert S. Taylor
1901— Edwin P. Hammond
1902— Theodore P. Davis
1903— Truman F. Palmer
1904— William P. Breen
1905 — Addison C. Harris
1906— Charles L. Jewett
1907— Daniel Fraser
1908-
1909-
1910-
1911-
1912-
-Merrill Moores
-Dan W. Simms
-John T. Dye
-William A. Ketcham
-Samuel Parker
1897-
1898-
1899-
1900-
1901-
1902-
1903-
1904-
1905-
1906-
1907-
Vice-Pi
-John G. Williams
-John G. Williams
-Leander J. Monks
-Timothy E. Howard
-William A. Ketcham
-George L. Reinhard
-William P. Breen
-Oscar H. Montgomery
-Daniel Fraser
-Daniel Fraser
-Dan W. Simms
1913— Frank E. Gavin
1914_John L. Rupe
1915— Thomas E. Davidson
1916— Robert W. McBride
1917— William A. Hough.
•esidents.
1908— Dan W. Simms
1909— John T. Dye
1910— Enoch D. Hogate
1911— Thomas E. Davidson
1912— John W. Hanan
1913— John L. Rupe
1914— Thomas E. Davidson,
1915— Robert W. McBride
1916— William A. Hough.
1917 — Inman H. Fowler.
1897— John R. Wilson
1898— John R. Wilson
1899— Noble C. Butler
1900— Merrill Moores
1901 — Merrill Moores
(30)
Secretaries.
1902— Merrill Moores
1903— Merrill Moores
1904 — Merrill Moores
1905— Merrill Moores
1906— Merrill Moores
466 Courts and Lawyers of Indiana
1907— Merrill Moores 1912— George H. Batchelor
1908— George H. Batchelor 1913— George H. Batchelor
1909— George H. Batchelor 1914— George H. Batchelor
1910— George H. Batchelor 1915— George H. Batchelor
1911— George H. Batchelor 1916— George H. Batchelor.
Treasurers.
1897— Noble C. Butler 1907— Frank E. Gavin
1898— Noble C. Butler 1908— Frank E. Gavin
1899— Theodore P. Davis 1909— Frank E. Gavin
1900— Theodore P. Davis 1910— Frank E. Gavin
1901— Theodore P. Davis 1911— Frank E. Gavin
1902— Frank E. Gavin 1912— Frank E. Gavin
1903— Frank E. Gavin 1913— Elias D. Salsbury
1904— Frank E. Gavin 1914— Elias D. Salsbury
1905— Frank E. Gavin 1915— Elias D. Salsbury
1906— Frank E. Gavin 1916— Elias D. Salsbury.
The papers and addresses published in the proceedings of
the association form the only considerable body of literature
dealing in a professional way with the courts of the state.
The list covers almost the whole field, though the papers are
of very unequal value. The list is given below for its biblio-
graphical value. Copies of the proceedings can be had in
almost every public library.
1897 — P.eDJaiuin HiiJ-risoii. '•PromotiDg the Admiuistrntion of Justice."
1S9S — Tbe president of the Association. Benjamin Harrison, being absent,
the vice-president, John G. AVilliams. presided and talked on
"Our AssociMtioii."
XS99 — John 11. Wilson. "The Origin of the Power of Courts to Declare
Legislative Acts Uncoustitntioual."
X900 — Robert S. Taylor, "Judges."
1901— Edwin P. Hammond. "Evidence."
1902_-Theodore P. Davis, 'Tpholdiug the Honor of the Profession."
1903— Truman F. Palmer. "Circuit Courts of Indiana."
1904 — William P. Breen, "Divorce."
1905— Addison C. Harris, "Procedure Abroad and at Home."
1906 — Charles E. Jewett, "Our Code of Criminal Procedure."
1907 — Daniel Fraser, "The Courts and the Eegislature."
1908 — Merrill Jloores, "The Enforcement of the Law."
1909_Dan W. Simms, "The Law and the Lawyer."
1910— John T. Dye, "The Work of the Bar Association."
iNDjANA State Bar Association 467
1011— William A. Ketcham, '■Organic Law."
10V2 — Samuel Tai-ker, "The Courts of Indiana and Progressive Legislation."
1913— Pranli E. Garin, "The Mutability of Social Institutions."
1914 — ^^John L. Rupe. "Taxation Under Indiana Laws."
1915 — Thomas E. Davidson, "Respect for the Law."
Annual Addresses.
1807 — Lawrence Maxwell. Jr., "The Law as a Science."
1S9S — Wm. B. Hornblower, "Fifty Years of Reform Procedure."
1800— William Wirt Howe, "Legal Ethics."
1000- William Lindsay, "The Pacification of Cuba In Its Legal Consti-
tutional Aspects."
1901— Observed as John Marshall day, aud an oration on "The Chief
Justice," delivered by Hon. William A. Ketcham, listed in the
si>ecial addresses.
1901— William A. Ketcham, "The Chief Justice (John Marshall^"
1902 — Burton .Smith, "Why Seek Xe the Living Among the Dead."
1003— W.ilter S. Logan, "Legal or Legislative Remedies for Trust Evils."
190J— Henry St. George Tucker. "Civil Liberty."
1905 — John F. Simmons. "The Territorial Expansion of The Common Law
Ideal."
1006— Horace H. Lurton. "The Evolution of the Right of Trial."
X907 — Merritt Starr. "Legislative and Judicial Development of the Law
Conceniiug Competition Contrasted."
IjlOS — Williiim L. Putnam, "The Reform of the Law."
1900— Alexander P. Humphreys. "The Last Year With the United States
Sui)reme Court."
301(r — Frederic J. Stimson. "Tiie Law of Combined Action and Possession."
lini — Peter W. Meldrim, "Master and Servant."
lO]:.' — .'■ircpben S. (Gregory, "A Historic Judicial Controversj- aud Some
lieflections Suggested By It."
1013— William J. Calhoun. -Onr Relations With China."
101-1 — Rome G. Brown. "Muckraking the 'Constitution." '
1015 — Andrew J. Monti^gue. "The Monroe Dwtrine."
Special Addresses.
1900— Willijim Hoynes. "Tlje L.-sw n.« Au Educational Factor."
]Oi)l— William A. Ketcham. "The Chief Justice 'John JlarsJiall)."
lOOS — Frederick X. Judsc)U. "Congressional Regulation of Employer's
Liability."
IOCS— Will H. AVhirtaker. "A Closer Relation Between Prison and Re-
form.-itory Ofticials and the Criminal Courts."
1900— William Dudley Foulke. "The Trouble With the Law."
1012 — Crystal Eastman Benedict, "Pontical Recognition of Women the
Nest Step in the Development of Democracy."
468 Courts and Lawyers of Indiana
1914 — Clinton Rogers Woodruff, "Constitutional Develpoment and Muni-
cipal Life."
1915— James H. Wilkerson, "The Next Step in National Control of
Corporations."
Papers.
1897 — John G. Williams, "Life and Charapter of Daniel W. Voorhees."
1897 — Robert S. Taylor, "The Inherent Function of Growth in the Common
Law."
1898 — Leonard J. Hackney, "A Case on Appeal."
1898 — W. P. Rogers, "Government by Injunction."
1898— Addison C. Harris, "The Pending Amendments."
1899— William A. Ketcham, "The Bench and Bar."
1899— John T. Dye, "Legislative Control Over Freedom of Contract."
1899— Timothy E. Howard, "According to Law."
1899 — Daniel W. Comstoek, "Evidence in Criminal Cases on Appeal."
1900— Frank S. Roby, "The Legal Right of the Next Generation."
1900— Evans Woollen, "The Law and the Striker."
1901 — Observed as John Marshall day and an oration on "The Chief
Justice," delivered by Hon. William A. Ketcham, listed in the
special addresses.
1902 — William L. Penfleld, "Some Difficulties of Pan-American Arbitration."
1902 — George L. Reinhard, "The Right to Practice Law."
1902— William W. Thornton, 'The Constitutional Convention of 1850."
1903 — Allen Zollars, "International Arbitration."
1903 — John L. Rupe, "The Verdict of the Jury."
1903 — Frank S. Roby, "Indiana Courts of Appeal."
1904 — Charles S. Baker, "The Ethics of the Profession."
1904 — Samuel Parker, "Criticisms of Judges."
1904— Charles W. Smith, "The Jury S.ystem."
1905 — Lucius O. Embree, "Cases and Case Lawyers."
1905 — Thomas R. Marshall, "The Lawyer's Conscience."
1905 — Arthur W. Brady, "Some Phases of Historical Jurisprudence."
1906 — John W. Kern, "Reminiscences of Some Great Indiana Lawyers."
1906 — Solomon H. Esarey, "Suggestions as to Recent Criminal Statutes."
1906 — Sidney B. Davis, "Some Needed Judicial Reforms."
1906— Joseph M. Rabb, "The Trials of the Trial Judge."
1906 — Jesse S. Reeves, "Jeremy Bentham and American Jurisprudence."
1907— Charles W. Miller, "Our Practice."
1907— Charies Kellison, "The Value of Expert Testimony."
1907 — Andrew A. Adams. "Legal Ethics."
1907— Harry B. Tnthill, "Are Corporations Ill-Treated? And Why?"
1908 — James L. Clark, "A Mixed Question of Law and Fact."
1908 — George Shirts, "Should Township Government Be Abolished?"
1908— John T. Dye. "Changes In the Constitution."
1909 — James S. Dodge, "Indiana Courts."
Indiana State Bar Association 469
1909 — Addison C. Harris, "Modem Views of Compensation for Personal
Injuries."
1909— Emory B. Sellers, "The State Bar AssociaUon of Indiana."
1909 — Cassius C. Hadley, "Lawyers and Courts."
1910— George H. Gifford, "Crude Legi-slation."
1910— Charles W. Smith. "Some Current Criticisms of Courts and
Lawyers."
1910 — Conrad Wolf. "The Spirit of Legalism in Indiana Practice."
1910 — George A. Cunningham, "The Everyday Lawyer."
1911 — Timothy E. Howard, "Our Charters."
1911 — ]li:m D. Hay, "Making and Amending Constitutions."
1911— Enoch G. Hogate, "Is There a Thaw's Delay?"
1912— W. W. Thornton, "The Constitutional Convention of 1816."
1912— Louis B. Ewbank, "The Trial Court."
1912 — Chas. E. Cox, "Old Ways or Uncertain Seas."
1913 — Harry C. Sheridan, "Comments on the Bankruptcy Act."
1913— Samuel B. Cook, "Our Federal Constitution : Some of the Struggles
Over Its Meaning."
1913— Merrill Moores, "The SelecUon of Judges."
1914 — Stuart MacKibbin, "Some Observations Regarding the Indiana Utility
Commission Act."
1914 — Daniel W. Simms, "Employers' Liability Legislation of 1911."
1914 — Evans Woollen, "The American Doctrine of Unconstitutionality."
1915 — William J. Houck, "The Evolution of Jurisprudence."
1915— Harry B. Tutthill, "Stub Beltz Buns for Orcuit Judge."
1915 — William A. Hough, "The Law and the Telephone."
1915 — Richard M. Milbum. "The Fourteenth Amendment."
In addition to the State Bar Association, which enrolls
about six hundred members, representing practically every
county in the state, there are thirty-five county associations
and three city associations. These various associations have
annual meetings at which papers are read and discussed.
These county and city associations as listed in the last report
of the State Bar Association are as follows: Adams, Allen,
Bartholomew, Clark, Clinton, Dearborn, Delaware, Elkhart
(city and county), Gibson, Grant, Greene, Hamilton, Hancock,
Howard, Huntington, Indianapolis, Jackson, Jasper, Jay,
Johnson, Knox, Lake, Laporte, Morgan, Porter, Putnam, Ran-
dolph, Shelby, St. Joseph, Starke, Sullivan, Tipton, Evansville,
Vermillion and Wabash.
CHAPTER XVII.
Legal Education in Indiana.
Legal education in Indiana has never been dealt with very
positively by the Indiana Legislature. There have always been
some requirements, legal or otherwise, for admission to the bar.
Strange to say, the requirements are not as high now as they
were at the very beginning of the territorial existence of the
State. The following law of the Governor and Judges governed
admission to the bar in the early territorial days, and while
not as strict as the requirements in the Northwest Territory,
it still represents a substantial preparation for the profession.
Sec. 1. Be it enacted. Th.it from niul after the first day of January
nest [1793] no person shall be admitted or practice as an attorney in any
of the courts of this territory unless he is a person of good moral char-
acter and well affected to the government of the United States and of this
territory and shall iMSS an examination of his professional abilities before
one or more of the territorial Judges and obtain from him or them before
whom he may be examined a certificate of possessing the proper abilities
and qualifications to render him useful in the office of an attorney. And
further, he shall in open court have taken and subscribed the oath pre-
scribed to all otfieers by an act of the United States and an oath in tenor
following :
"I swear that I will do no falsehood nor consent to the doing of any
in the courts of justice and if I know of an intention to commit any I
will give knowledge thereof to the justices of the said courts or some
of them that it may be prevented. I will not wittingly or willingly pro-
mote or sue any false, groundless or unlawful suit nor give aid or consent
to the same, and I will conduct myself in the office of an attorney wittuQ
the said courts according to the best of my knowledge and discretion and
with all good fidelity as well to the courts as my clients. So help me God,"
Sec. 2. And it is enacted, that parties nwy plead and manage their
own causes personally or by the assistance of gucti counsel as they shall
see fit to engage, but the plaintiff or plaintiffs in any suit shall not be
allowed to manage their cause by more than two attorneys nor shall any
defendant employ n greater number. Provided, that where there shall he
only two attorneys attending the courts Ml any of the counties of thia
territory nelthei- the plaintifi; uor defewiiint shall 'he allowea miire tliap
Legal Education in Iniiuna 471
one nor in any cause shall fees for more than one attorney be taxed
or allowed.
Signed :
WiNTHEOP SAEGENT.
John Cleves SysimeS.
KtTFUs Putnam.
From above date down to 1807, the time of the John Rice
Jones Revision, the requirement for admission to the bar vi^as
considerably lowered, as is shown by the following statute
taken from the Revision of 1807 :
1. Xo person shall be permitted to practice as an attorney or Coun-
sellor at Law, or to commence, conduct, or defend any action, suit or
plaint, in which he is not a party concerned, in any court of record within
this Territory, either by using, or subscribing his own name, or the name
of any other person, without having previously obtained a license for that
purpose from any two of the Judges of the General Court, which license
shall constitute the person receiving the same, an Attorney and Counsellor
at Law, and shall authorize him to appear in all the courts of record
within this Territory, and there to practice as an attorney and counsellor
at law. according to the laws and customs thereof, for, and during his
good behavior in the said practice, and to demand and receive all such fees
as are. or thereafter may be established, for any service which he shall,
or may do, as an attorney, and counsellor at law in the said Territory..
2. Xo person shall be entitled to receive a license as aforesaid, until
he hath obtained a certificate from the court of some county, of his
good moral character.
The long struggle of a century for higher qualifications
to enter the profession is not without historical significance.
There was among the early settlers of Indiana a deep-seated
distrust of expert knowledge or service. Their experience
with the English court lawyers under the Stuarts had not
been more palatable than their experience with preachers ap-
pointed in the state, or with royal governors in America.
During the hundred years of their migration across the Alle-
ghanies they had become accustomed to the pioneer lawyer of
the Jackson type and the turbulent courts. They instinctively
feared the toils of the Common Law. Its mysterious processes
and intricacies, especially in connection with real estate,
always seemed to work to the disadvantage of the poor man.
Not hundi-eds but thousands of settlers in early Tennessee
and Kentucky lost their lands, not because of a lawjjer, but
for lack of legal advice. The land company or large purchaser
472 Courts and Lawyers of Indiana
invariably employed a competent attorney, while the ppor set-
tler, if he had any attoraeys at all, had some backwoods
shyster who depended on an oily tongue to win his case. In
criminal cases these loud-mouthed lawyers often won, but in
the far more important field of the real estate law they were
a failure. They assured their clients that their defeats were
due to some collusion between the lawyer and court, since'
the important questions in land cases had to be tried before
the court rather than the jury. A large number of these
ousted settlers from Kentucky and Tennessee came to Indiana
in the early days.
The Western folks had two patron saints in all public con-
cerns. They were Jefferson and Jackson. These men ap-
pealed to the two classes of settlers. The men who made the
Constitution of 1816 drew their political inspiration directly
from reading Jefferson's writings. They were followers of
Jefferson because, after mature deliberation, they believed in
his political philosophy. There can hardly be a doubt but that
they contemplated a school of law as one of the constituent
schools of their State University. Such men as Joseph Hol-
man, Robert Hanna, David Maxwell, James Scott, Davis
Floyd, William Polke, and especially Benjamin Parke, showed
plainly in later life that such was their ideal.
Before the state was financially able to carry out these
early ideals of a State University, another tremendous force
had entered Indiana's political life. This was the second force
mentioned above — Jacksonian Democracy. The views of
Jackson found ready acceptance instinctively among the west-
ern settlers. Jackson was not altogether responsible for the
democracy which bore his name, but he better than anyone
else expressed it. This spirit, or force, or prejudice, or what-
ever it may be called, was opposed to professionalism and to
professional schools; partly because they tended to make
classes in society and partly because a professional man was
a menace to the plain people. With such instinctive opposition
as this, it was found very difficult to found a law school in
Indiana.
The pioneer law school in the state was that of Indiana
University. It seems certain that it was in the minds of the
trustees of the university from the start to establish a law
Legal Education in Indiana 473
school, but no definite attempt seems to have been made until
about 1835. The exact date cannot be ascertained because
the records were lost in the fire of 1883.
The following loose note, apropos of the first law depart-
ment of the university, may throw some light on the situation :
Resolved, that in the opinion of the board a professorship of law
should be established, to be connected with the college.
That the law term should consist of four months, from December 1
to March 31.
That the salary of the professor shall be three hundred dollars, to be
paid as other salaries of the college officers, and that he also be entitled
to dispose of lecture tickets for his own benefit, the price of which shall
not exceed ten dollars per term.
From the names connected with this it is certain that it
happened between 1835 and 1838. Isaac Blackford, then a
justice of the Supreme court, was unanimously elected as the
first professor. No further account of this transaction can
be found, but it is certain that Judge Blackford did not ac-
cept. It was not, of course, expected that he would resign
his position on the bench for a three hundred dollar professor-
ship, but it was thought that he could unite the two positions.
No doubt the fifty miles of wilderness between Indianapolis
and Bloomington had something to do with his refusal.
Again there is a memorandum preserved to the eff'ect that
on September 20, 1837, the board elected Charles Lewis pro-
fessor of law. Who Lewis was, does not appear.
In 1838 Indiana College became Indiana University. At
the very first meeting of the university board, under date of
September 25, 1838, Judge Miles C. Eggleston was chosen
professor of law, but he was either unable or unwilling to
accept. A number of other lawyers in the state were offered
the position, but no one accepted. Things thus went on till
1841, when Tilghman A. Howard was elected. He had been
a resident of Bloomington and as a large number of his rela-
tives were still living there, it was thought he would accept —
but he did not. However, in the same year, Judge David
McDonald, then on the Monroe Circuit bench, was elected, and
became the first professor of law in Indiana. In 1843 there
were five graduates and in 1844 there were eight.
This was not considered by the bbard more than a mere
474 Courts and Lawyers of Indiana
preliminary to the real law school which they hoped to estab-
lish. The work covered two years, a junior and senior. The
former might be taken by persons not preparing for the bar.
It consisted of International law, Constitutional Law, Com-
mon Law and Equity. The seniors were required to attend
one more year of lectures in which the art of practicing was
emphasized. The professor, who was one of the best trial
judges in the state, held moot court once a week in which the
students got training in drawing pleadings, arguing legal
questions and cases previously assigned, and in delivering
opinions. The school prospered under his control, drawing
students from all parts of the state and even from neighboring
states.
In 1847 the school had so far prospered that an associate
professor, Judge W. T. Otto, was secured. The new professor
was a graduate of the University of Pennsylvania. He thus
added scholarship to his professional ability, a combination
the university has always stood for when possible. Sketches
of both these men are given elsewhere in this volume. In 1851
Judge Otto resigned and in 1853 Judge McDonald retired.
The work was largely a labor of love then, as it has remained
since. The salary has rarely been half what an ordinary
lawyer could make in active practice. The local bar has never
offered much opportunity for the law professor to carry on an
active practice, such a combination as can be made in larger
cities.
Judge James Hughes succeeded Professor McDonald, serv-
ing two years, until he took his seat in Congress. Some of
Judge Hughes's lectures are still extant, showing the character
of the instruction then given. Judge Hughes did not resign
his position until 1857, his place being taken during' his ab-
sence at Washington by A. B. Carlton.
A sketch of Judge Hughes has already been given. Am-
brose B. Carlton was born, December 18, 1825, in Lawi-ence
county. He was educated in the common schools and the
academy. He graduated from Indiana in 1849 with the de-
gree of Bachelor of Laws. He sat on the Circuit bench two
terms and was prosecutor two terms; served in the General
Assembly; in 1883 was chairman of the -Utah Commission;
He devoted a great part of his time to literature and to writ-
Legal Education in Indiana 475
ing law books. During his later years he practiced at Terre
Haute.
In 1857 Col. James Bay McCorkle Bryant succeeded Judge
Hughes as professor of law. He was born in Philadelphia,
June 25, 1802, of Revolutionary parents. He was educated
at Gray and Wylie's Academy and the University of Pennsyl-
vania. He at once took up the study of law and was admitted
to the bar in 1835. For a number of years he served in the
general land office at Washington and then came to Craw-
fordsville, where, in 1844, he was an unsuccessful candidate
for the Legislature. He represented Warren county in the
Legislature in 1827, 1847, 1848 and 1851. In 1838 he was on
Col. John Tipton's staff. In 1850 he sat in the Constitutional
Convention from Warren county. From 1856 to 1861 he was
professor of law. In 1861 he enlisted and on February 25,
1866, died from the effects of a wound received at Rich Moun-
tain, Virginia.
Judge George Augustus Bicknell followed Bryant as pro-
fessor of law, his appointment dating from 1861. Bicknell
was born in Philadelphia, Pennsylvania, February 6, 1817.
Like his predecessor, he was a graduate of Wylie and Engle's
Academy (1828), and of the University of Pennsylvania in
1831. He graduated from Yale Law School and in 1864 re-
ceived a degree of Bachelor of Laws from Indiana. He located
in Scott county, Indiana, in 1846; in 1848 he became prose-
cutor ; in 1852 Circuit Judge ; from 1861 to 1870 he was pro-
fessor of law in Indiana University ; served as a Democrat in
Congress, 1877-1881 ; Supreme court commissioner, 1881-
1885; Circuit Judge, 1889 until his death in New Albany,
April 11, 1891. He was the author of "Bankrupt Law," 1841 ;
"Civil Practice," 1863; "Criminal Practice," 1866. He mar-
ried Elizabeth Haskins Richards at Batso, New Jersey, May
28, 1840.
During the last years of the service of Judge Bicknell he
was assisted by John Upfold Pettit, of Wabash, Indiana. The
latter served one year as professor. Both resigned in 1870
and Samuel E. Perkins, of Indianapolis, then one of the most
widely known lawyers in the state, was made the head of
the depa«rtment. His biography is given under the Supreme
court, of which, he was- long a member. At the same time
476 Courts and Lawyers of Indiana
(1870) Baskin E. Rhoads was chosen a professor of law with
Judge Perkins. He served until the close of school in 1877.
Rhoads was born near Philadelphia in 1834. One year
later the family moved to Rockville, Indiana. He was edu-
cated in Waveland Academy and Wabash College, graduating
in 1860. He taught until 1862, when he began practice at
Newport, where he was practicing when called to the pro-
fessorship. He served in the Legislature in 1864; on the
Superior bench of Vigo county, 1881-83.
Judge Perkins resigned in 1872 and his place was taken
by Delana R. Eckels. Eckels was born August 19, 1806, in
Fleming county, Kentucky. He had no college education, but
by the age of twenty-one had been admitted to the bar. He
served in the Mexican war as a captain. He sat in the Gen-
eral Assembly in 1836. He was the first mayor of Green-
castle and in 1853 organized and supervised the free schools
of that city. He served six years on the bench of the Sixth
circuit (1864-70). He died at Greencastle, November 5, 1888.
Eckels served as professor of law only one year and was
succeeded by Cyrus F. McNutt, of Martinsville, who served
till the school was closed in 1877. McNutt was born
July 29, 1837, in Johnson county; educated at Franklin (not
a graduate), and was a practicing attorney most of his life
at Terre Haute.
The Legislature of 1876 was in an economical mood and
reduced the salaries of the teachers in the university so much
that it was found necessary to close the law school. The law
school at the time seemed prosperous. There were forty-one
students enrolled in it, and twenty graduates the year before
the discontinuance. This seems to have been one of the largest
classes in its history, though the preceding one numbered
nineteen; that of 1872 numbered twenty-five; that of 1871,
thirty-two. In these years the graduates of the law school
outnumbered those in the school of liberal arts. The first
graduating law class, that of 1844, conta^ined five members.
The thirty-four classes totaled three hundred and seventy-
seven, or an average of eleven. ■
In ordering the school opened, the trustees, as stated
in the catalogue of 1841-42, the first containing an announce-
ment of the law school, had said, "Nothing less than the
Legal Education in Indiana 477
building up of a law school, that shall be inferior to none west
of the mountains ; one in which the student shall be so trained
that he shall never, in the attorney, forget the scholar and the
gentleman."
After a suspension of thirteen years, the law department
of the university opened again in the fall of 1889. Judge
David Demaree Banta, dean of the school, and Ernest W.
Huffcut, professor of law, were the teachers. A two-year
course was required, the first known as the junior, the second
as the senior year. During the first year the regular teachers
were aided by William P. Rogers, acting instructor in Equity
Jurisprudence, and Alexander F. McNutt, who taught Real
Estate law. At the opening of the school in the fall of 1893,
William P. Rogers took the place of Professor Huff"cut as
professor of law.
Professor Huffcut was born at Kent, Connecticut, Novem-
ber 21, 1860. He graduated from Cornell in 1884; from Cor-
nell Law School in 1888; practiced law in Minneapolis from
1888 to 1890; was professor of law at Indiana University
from 1892 to 1893; at Cornell University from 1893 until
1903; and was dean qf law at Cornell from 1903 until his
death. Professor Huflfcut killed himself on a Hudson river
steamboat in 1907. He was author of the following publica-
tions: "American Cases on Contracts" (1894), "Elements of
Business Law" (1905), "Law of Agency" (1895) and "Law
of Negotiable Instruments" (1898).
William Perry Rogers was bom near Bloomington, March
3, 1857. He graduated from Indiana University law school in
1892, and the school of liberal arts in 1895. He was admitted
to the bar in 1881 ; practiced law in Bloomington from 1881
to 1892; was professor of law from 1892 to 1902, being dean
from 1896 to 1902. Since 1902 he has been dean of the Cin-
cinnati Law School.
In the fall of 1894, Charles A. Rhetts became associate
professor of law. Rhetts had graduated from Indiana
University in 1889 and had taken his Doctor of Law degree
at Columbia University in 1892. He died at Bloomington,
August 26, 1898. \
In 1895 Dean Banta died and his place was taken by Pro-
fessor Rogers. William E. Clapham was secured as an in-
478 Courts and Lawyers of Indiana
structor to help fill the vacancy. He had graduatQd tRe year
before in the literary department and in 1896 received the
degree of Bachelor of Laws.
In the fall of 1896, George L. Reinhard became professor
of law, serving as such until 1902, when he took the place of
Dean Rogers. In the fall of 1898, William E. Clapham took
the place of Professor Rhetts, and with the opening of the
year 1901-1902, Herdis F. Clements became assistant profes-
sor. Clements had graduated from the law school in 1896.
He later practiced in Mt. Vernon, where he is now serving
as Circuit Judge.
During the year 1903, a general reorganization was
effected. George L. Reinhard became dean, Enoch G. Hogate
became professor of law, with R. M. Milbum and Francis M.
Springer assisting in the teaching. Entrance requirements
equal to graduation from a commissioned high school were
required.
The case method of teaching was inaugurated in nearly
all courses. The course was extended to include three full
years' work. In 1904 Charles M. Hepburn became a professor
in the department. Charles McGuffey Hepburn, a son of
Andrew and Henrietta (McGuffey) Hepburn, was born in
Rockbridge county, Virginia, August 19, 1858. He received
the degree of Bachelor of Arts in Davidson College. North
Carolina, in 1878; Bachelor of Laws fi-om the University of
Virginia in 1880; Doctor of Laws from Miami University in
1908. He was in charge of the preparatorj^ department of
Davidson College in 1880-81. He was admitted to the Ohio
bar in 1881 and practiced at Cincinnati from 1881 to 1903.
From 1897 to 1903 he was a lecturer on code pleading in the
University of Cincinnati. Since 1903 he has been professor
of law in the University of Indiana. He is the author of a
number of legal books, among them being the following: "His-
torical Development of Code Pleading in America and Eng-
land," 1897; "Cases on Code Pleading," 1901; "Parties to
Action" (in "Cyc. of Law and Procedure") ; "Introduction to
Study of Torts." 1910. He married Julia Benedict, of Mari-
etta, Georgia, October 10, 1891.
William Henry Beeler, who took his Bachelor of Laws de-
gree the year before, was made an instructor in 1904. Pro-
Legal Education in Indiana 479
fessors Hogate, Hepburn and Beeler are still members of the
faculty.
In 1907 a five-year combination course of arts and laws
was provided. This was virtually a degree of Bachelor of
Arts with law as a major, with the permission to take the
degree of Bachelor of Laws after one year of study. Dean
Eeinhard died on July 13, 1906, and Professor Hogate took
his place. Professor Hogate was born September 6, 1849, at
Centerton, New Jersey. He graduated from Allegheny Col-
lege, Pennsylvania, in 1872. From 1872 until 1903 he prac-
ticed law at Danville, Indiana, teaching law in the Central
Normal College part of the time. Since 1903 he has been pro-
fessor of law at Indiana University and has been dean of the
law school since 1906.
Judge Woodfin D. Robinson became a professor of law in
1908, but remained only one year and was succeeded by Jesse
J. M. LaFollette. Edwin R. Keedy was assistant that year.
Professor LaFollette was born on a farm in Jay county,
Indiana, September 12, 1846. He is of Welsh-Huguenot line-
age. He was educated at Liber College and while teaching
read law with E. L. Watson and L. J. Monks at Winchester.
He practiced at Portland, Indiana, served in the army during
the Civil War. and served in the Legislature occasionally.
From 1897 to 1909 he was assistant United States attorney
for the district of Indiana. Since 1909 he has been professor
of law at Indiana University.
During the year 1909-1910, Professor Hepburn was absent
on leave and his place was filled by John C. Barclay, a gradu-
ate of Backus Law School, Cleveland, Ohio. In 1911, Chester
G. Vernier was elected professor of law and taught two years.
He was reared at Liberty, Indiana, graduated from the Chi-
cago University law school, and had taught at Nebraska Uni-
versity before coming to Indiana. He is now a professor in
the University of Illinois. Professor Vernier was succeeded
by Archibald H. Throckmorton as professor of law. He
served until 1915, when he was called to Backus College and
John Lewis Baker was secured in his stead.
During the year 1911 the entrance requirements were
raised to include two years of college training above the high
school, the three-year course adopted in 1901 being retained.
480 Courts and Lawyers of Indiana
DEPAUW UNIVERSITY LAW SCHOOL.
DePauw University first established a law department in
the fall of 1853, vi^ith John A. Matson in charge. A regular
course of instruction was given and eight students were en-
rolled during the first year. In the fall of 1854 Alexander C.
Downey was placed in charge of the department and he re-
mained with the university in this capacity until 1858. Dur-
ing this period the number of students ranged from ten to
twenty, with an average enrollment of fifteen. John A.
Matson again became the head of the law department in 1858
and guided its destinies until the close of the school year,
1860-61. There were only six students in the department the
last year and the coming on of the Civil War affected the at-
tendance to such an extent that it was decided to discontinue
the law department in 1862. John Cowgill, who had the de-
partment in charge during 1861-62, only had four students
and as it was manifestly impossible to continue the depart-
ment as long as the war was in progress, it was discontinued
in the spring of 1862.
After a lapse of nine years the university decided to reopen
the law department and in the fall of 1871 Alexander C.
Downey was again placed at the head of the department.
Among the lecturers of the department during 1871-72 may
be mentioned Solon Turman, Addison Daggy, Frederick T.
Brown, Delano E. Williamson and William A. Brown. Seven-
teen students were enrolled during the year 1871-72. The two
succeeding years (1872-74) showed that the attendance hardly
justified the continuance of the department, since there were
only ten students in 1872-73, and but six during the following
year. William A. Brown was dean of the law school during
these two years and with the close of the school year in 1874,
it was decided to discontinue the department. For seven
years the university was without a law department. In the
fall of 1881 John Clark Ridpath was made the dean of the
law department by the board of trustees. Professor Ridpath
was assisted in the department by Jonathan Birch, Granville
C. Moore and Henry H. Mathias. Twelve students were en-
rolled during the year 1881-82, but it was felt that the attend-
ance hardly justified the maintenance of the school. Conse-
Legal Education in Indiana 481
quently the department was discontinued in 1882, but two
years later the board of trustees for the fourth time estab-
lished a law department.
The law school, as re-established in 1884, was destined to
maintain a successful career for the next decade. Alexander
C. Downey was made dean of the law school and continued
in this capacity until 1890. Henry M. Mathias, Jonathan
Birch and Granville C. Moore assisted Dean Downey as long as
he was in charge of the school. During the year 1886-87
Joseph Carhart and James R. Weaver lectured before the
school. The attendance from 1884 to 1890 was very satisfac-
tory, the enrollment being as follows : 1884-85, 17 ; 1885-86,
55; 1886-87, 25; 1887-88, 27; 1888-89, 24 ; 1889-90, 30.
In 1890 Augustus Lynch Mason became dean of the law
department and continued as head of the school until 1893.
During 1890-91 Dean Mason was assisted by Henry H.
Mathias, Jonathan Birch and Granville C. Moore. The fol-
lowing two years, James R. Weaver, Byron K. Elliott, William
P. Fishback, John L. Griffiths and William F. Elliott were lec-
turers in the department. During these three years (1890-93)
the attendance was 49, 48 and 51, respectively.
In 1893 Charles F. Coffin was elected dean of the law de-
partment. His assistants were Silas A. Hays, William F.
Elliott, James R. Weaver, John L. Griffiths and William P.
Fishback. Although the attendance during this year (1893-
94) was 37, the board of trustees decided to discontinue the
department. The Univez'sity has not maintained a law de-
partment since 1894.
During the continuance of the law school, a total of one
hundred and eighty-seven students received the degree of
Bachelor of Laws, and many more than that number received
part of their legal education in the university. The school
was always in charge of the best lawyers obtainable and many
of its graduates later became prominent members of the bar.
TRI-STATE COLLEGE LAW SCHOOL, ANGOLA.
Tri-State College, located at Angola, Indiana, established
a law department in 1902 and placed it in charge of D. R.
482 Courts and Lawyers of Indiana
Best, as dean, one of the leading members of the bar of that
city. Dean Best has remained at the head of the department
since it was organized. He has been assisted by the strongest
members of the local bar, viz. : A. C. Wood, E. A. Bratton,
C. C. Carlin and C. A. Yotter. The late Frank Powers, who
died in February, 1915, while on the Appellate bench, was a
valued instructor, as was the late J. A. Woodhull.
The course covers two years. The department combines
the lecture, text book and case methods of instruction in such
a way as to secure the best results. Moot courts are main-
tained and, as far as possible, they are made the counterpart
of real courts. Since the establishment of the department
in 1902 there has been a total of thirty-five students enrolled,
ten of whom have graduated. During the year 1915-16 the
department enrolled six students.
The college has no law library, but the students have access
to the Circuit court library and the private libraries of the
members of the bar in Angola. The standard text books, such
as Kent, Readfield, Parsons, Greenleaf, Cooley, Addison, Big-
low, Story, Dillon, Kerr, Roher, Bishop and Washburn, are
used. The first year's course covers Elementary Law, Con-
tracts, Criminal Law and Procedure, Torts, Domestic Rela-
tions, Agency, Evidence, Real Property, Personal Property
and Sales and Municipal Corporations. The second year's
course covers Code Pleading, Constitutional Law, Equity
Jurisprudence, Mortgages and Liens, Partnership, Private
Corporations, Court Practice, Wills and Administration, Dam-
ages and Legal Ethics.
INDIANA LAW SCHOOL, INDIANAPOLIS.
The Indiana Law School, the department of law of the
University of Indianapolis, was organized in 1894. Promin-
ent in the organization were Byron K. Elliott, William P.
Fishback, Addison C. Harris, John R. Wilson, Charles W.
Fairbanks and William C. Bobbs. Mr. Fishback was chosen
the first dean and held that office until his death in 1901, when
he was succeeded by the present dean, James A. Rohbach.
The school was practically a lecture school until 1899, when,
under the direction of Mr. Rohbach, who was then secretary
Legal Education in Indiana 483
of the faculty, the course of instruction was changed largely
to the text-book and case method. In recent years the school
has developed the case method as the foundation of instruc-
tion in all principal courses. A two-year course of study
was conducted from the foundation of the school until 1916,
when the course was enlarged to three years' work and the
requirements for admission were materially raised.
Students have access to the state law library, the Indian-
apolis Bar Association library, the state and city general li-
braries, besides the school library. Students have opportunity
to study judicial procedure from the actual trial of causes, as
the Supreme and Appellate courts of the state, the Marion
county courts, the United States courts, and the municipal
courts are in session continuously throughout the school year.
Graduation from the Indiana Law School entitles the stu-
dent to be recommended for admission to pi'actice, without
further examination, in the state of Indiana. Every candi-
date for the degree of Bachelor of Laws must successfully
pass an examination upon all the subjects of the entire course
of study, with a grade of not less than seventy-five per cent, in
each subject.
The faculty at present is as follows : James A. Rohbach,
Addison C. Harris, Charles W. Moores, Henry M. Dowling,
Edward M. White, William F. Elliott, James M. Ogden, Wil-
litts A. Bastian, Frank B. Ross, Howard W. Adams, Fremont
Alford, Harry C. Hendrickson, Richard V. Sipe and Noble C.
Butler. The dean's office is at 1117-18 Law building. The
school is located on the third floor of Castle Hall on East Ohio
street, between Delaware and Alabama streets.
benjamin HARRISON LAW SCHOOL, INDIANAPOLIS.
The Benjamin Harrison Law School is a combination of
and a successor to the Indianapolis College of Law and the
American Central Law School. The former was organized in
1898 and the latter a few years afterward. The school now
has class rooms on the third floor of the Lemcke Building,
Indianapolis. It was founded as an institution where ambi-
tious persons, including those engaged in daily vocations,
might pursue a thorough and standard course of legal study
484 Courts and Lawyers of Indiana
at the lowest possible cost. Under the direction of experi-
enced law instructors, the Benjamin Harrison Law School is
now successfully conducted as an evening school.
The faculty at present is as follows: Edward W. Felt,
dean emeritus; William W. Thornton, chancellor; Theophilus
J. Moll, dean; Sumner Clancy, associate dean; William R.
Forney, secretary-treasurer; Ulric Z. Wiley, professor of law;
Charles J. Orbison, professor of law ; and Frederick R. Bonni-
field, Clifton R. Cameron, Daniel Crockett, Thomas A. Daily,
Edward L. Dietz, William P. Evans, Oscar R. Ewing, Henry
S. McMichael, Hiram B. Patten and William M. Thompson,
instructors.
The school is located near the city, county, state and fed-
eral courts, where questions calling- for the application of
almost every possible phase of legal principles are constantly
arising and being litigated. The class hours are such as to
enable the student to attend court without interference with
his recitations. Free access and use can be had of the libraries
of the Indiana Supreme court, the Indianapolis Bar Associa-
tion and the general libraries of the state of Indiana and the
city of Indianapolis.
Students who have completed the course of study of any
commissioned high school or who have been enrolled in any
recognized literary or scientific college are eligible to entrance
without examination. Others must establish their efficiency
by acceptable proofs. Applicants to the junior class must be
at least eighteen and to the senior class at least nineteen years
of age. An applicant must be a Caucasian of good moral
character. Women are admitted.
The course of study represents two years' work and is a
blending of the three standard methods of instruction, name-
ly: The lecture system, the case method and text-books.
Recitations are held from six to eight p. m. each week day
except Saturday. Sessions of the junior moot and the senior
practice courts are held on alternate Fridays. The entire
courses are arranged to present the fundamental topics of the
law during the first year, and the more technical and special-
ized subjects during the second year.
In addition to the regular schedule, special lectures are
given upon Federal Procedure, International Law, Legal
Legal Education in Indiana 485
Bibliography and Legal Ethics. Each candidate for a degree
must submit a thesis upon a subject approved by the faculty.
Students who satisfactorily complete the course receive the
degree of Bachelor of Laws. A diploma from this school ad-
mits the graduate to practice in all state and local courts of
Indiana as well as the United States District court, provided
the candidate is over twenty-one years of age, has resided in
Indiana at least six months and is of good moral character.
In 1915 degrees were conferred on twenty-one graduates.
CENTRAL NORMAL COLLEGE SCHOOL OF LAW, DANVILLE.
The first instruction in law in the Central Normal College
was in 1878 and consisted of lectures by members of the Dan-
ville bar, given to the entire school. The catalogues of 1878-
79 and 1879-80 contain the name of Newton M. Taylor as
professor of law. There was one lecture each week, to the en-
tire school. It appears that Taylor gave one-half of the lec-
tures and other members of the bar the remainder. L. M.
Campbell, John V. Hadley, T. J. Cofer, Enoch Hogate, Rich-
ard Blake, Charles Foley, and perhaps others, participated.
At that time there were no classes in law, and after 1880 the
plan was discontinued.
In 1889 a course in law was announced. The first class
was organized November 12 of that year, with James L. Clark
as instructor. Thirty-three students were enrolled the first
year. As members of this class we note the names of Philip
Zoercher, now reporter of the Supreme court; W. R. King,
chief counsel for the United States reclamation service ; Judge
J. M. Rawley; George T. Pattison, member of the Danville
bar ; Thomas C. McReynolds, of Kokomo ; Henry Bray and J.
E. Mclntyre, law partners in Denver, Colorado, and Hon. E.
F. Barker, of Walla Walla, Washington.
The course was gradually lengthened from the original
time of one year until now it requires twelve terms. This
makes the standard four-year course. Due to the fact that
the college is in session four full terms each school year, a
student can complete the course in three calendar years.
The instruction has been by the recitation plan, more than
by lectures. The theoretical may have been, at times,
486 Courts and Lawyers of Indiana
neglected for the practical. There has been much prepara-
tion of cases and moot court practice. The Danville bar and
court extend every courtesy and aid to students.
The law course has always been combined with college
course studies. Rarely does a law student have a full pro-
gram of professional classes. There is an opportunity to
select language, mathematics, science, economics, philosophy,
history and bookkeeping. This fact brings to the college
many mature men who have not had an opportunity to com-
plete a high school or a college course. Law students are
always to be found in the geometry classes. The college law
library is not extensive, but contains an excellent selection of
reference works. The Circuit court library and the private
libraries of the Danville lawyers are open to students. Text
books are changed from year to year, but the Hornbook series
has been most used.
Following Mr. Clark, these men have been in charge of the
department: Thad. S. Adams, 1896 to 1900; Otis E. Gulley,
1900 to 1902 ; John McCormick, 1902 to 1904 ; Solon A. Enloe,
since 1904. Edgar M. Blessing is now a regular member of
the faculty.
The following men have, at times, taught classes : T. J.
Cofer, E. G. Hogate, George C. Harvey, Robert T. Hollowell,
Charles Foley, George T. Pattison, George Easley and Ralph
Huron. There may have been others, since there is not a
complete record. There have been one hundred and seventy-
eight graduates of the law department since 1889. The at-
tendance in the department from 1889 to 1916 totals more
than seven hundred.
CHAPTER XVIII.
Law Libraries.
The first statutory provision for a state law library was
not made until after the adoption of the Constitution of 1851.
However, a law library was maintained under the old Con-
stitution, although there was no statute governing it. The
founder of the present state law library was Benjamin Parke,
the first Judge of the United States court for the District of
Indiana, who donated a few legal volumes to the library of
the state. Such legal books as were required by the state
prior to 1852 were kept in the regular library of the state and
were not even given a separate place on the shelves. From
time to time other lawyers donated volumes to the state and
it is probable that a few were purchased. On the shelves of
the present law library are found several volumes from the
library of General W. Johnston, but it is not known whether
he donated them or sold them to the state. The growth of
the library during the old Constitution was very slow, due
in a large measure to the fact that there were few regular
text books and also to the fact that there were, few United
States and State reports published at the time. The great
mass of legal literature which fills the shelves of the present
law library is the product of the last fifty years.
Before the middle of the last century, American legal text
books were rare and English text books were very few in
number in this country. It is true that such legal writei's as
Coke, Kent and Hale had issued volumes, but prior to 1852
there were less than a paltry dozen of text books by Indiana
wi-iters. At the present time the law library contains the
writings of nearly one hundred Indiana authors, covering a
wide variety of subjects. The first law library was undoubt-
edly kept in the governor's house in the Circle, and, after the
completion of the state house in 1835, such legal books as
488 Courts and Lawyers of Indiana
were then on hand were transferred to the new capitol build-
ing and placed with the books of the state library. After the
new Constitution was adopted, a statute was passed on May
27, 1852, requiring the state librarian to keep the law books
in a separate place in the library.
The law library, as now constituted, dates from the act of
March 9, 1867, which provided for separate rooms for the
law books then in the state library. They were placed in the
keeping of the Supreme court and the act further provided
that the court should purchase such books from time to time
that they might deem advisable and also make rules and
regulations concerning their use. The rooms selected for the
law library were on the second floor of the state house and,
according to the old lavs^^ers who frequented the rooms, it was
an extremely hazardous place to reach. A narrow and steep
stairway led from the first floor to the rooms, two in number,
one of which was used by the Supreme court as a consultation
room. Here the library remained until the state house was
torn down in 1877.
The present quarters on the second floor in the north-
eastern part of the state house were occupied for the first time
in 1888. The library has grown to such dimensions that the
present quarters are wholly inadequate and additional room
is imperatively needed. Within a year after the library
moved into its present location the Legislature made appro-
priations for the issuance of a catalogue under the supervision
of Charles E. Cox, who was then librarian. His volume of
416 pages covered all of the works then in the library and
proved to be a very helpful book for those who Avished to
consult the library. In 1898 a second catalogue was issued
by John C. McNutt, librarian, and some idea of the rapid
growth of the library may be seen when it is noted that this
catalogue contains 725 pages. No catalogue has been issued
since 1898.
The library ranks high among the state law libraries in
the country and contains not only the statutes and court de-
cisions of the United States and of the various states of the
Union, but also a well selected list of legal works from foreign
countries. The library is particularly rich in legal periodical
Law Libraries 489
literature, both America and English. A complete set of the
Canadian reports and legal periodicals is found on the shelves.
The library also boasts as complete a set of the Australian
reports as may be found in any state in the Union. An effort
has been made at all times to obtain the best legal text books
as they are issued and there is no text book of any import-
ance published in the United States which does not find a
place on the shelves. It is interesting to note that many
volumes have been purchased at a high price ; many have cost
from fifty to one hundred dollars a volume and twenty dol-
lars a volume is not an unusual price. Fortunately, many of
these high priced works were obtained before they reached
their present value, being purchased at a time when their
value was veiy low compared with what it is today. The
purchase of books is in the hands of the Supreme court, which
has the power to purchase books and issue an order on the
general fund in the state treasury for the payment. The
state now purchases five hundred volumes of each Indiana
Supreme and Appellate court report and, after supplying the
state offices and inferior courts of the state, deposits the re-
mainder of the volumes in the law library for exchange or
sale. The court reports of other states are secured by ex-
changing volumes of Indiana reports. In the same way the
library obtains the legislative acts of all the other states of
the Union.
The first regular law librarian was provided for by the
act of February 1, 1867, but the nominal salary attached to
the oflace was insufficient to justify the full time of a librarian.
The act of March 11, 1895, placed the office on a salary of
fifteen hundred dollars a year, since increased to eighteen
hundred dollars. The salary of the assistant librarian, who
also acts as messenger of the Supreme court, is twelve hun-
dred dollars. The last Legislature made an appropriation of
twenty-five hundred dollars for the purchase of books during
1915 and 1916.
The first librarian was William C. Lamb, who took charge
of the library in 1867. His successors have served in the
following order : John Graham, James M. Cropsey, Frederick
Heiner, Charles E. Cox, William W. Thornton, John C. Mc-
Nutt, Hoyt McLane, Omar O'Harrow and W. Carey Carson.
490 Courts and Lawyers of Indiana
CIRCUIT COURT LIBRARIES.
Each Circuit court in the state has a library in the court
house, the maintenance of which depends upon the generosity
of the county commissioners. Practically all the county court
libraries have a complete set of the Indiana Supreme and Ap-
pellate court reports as well as the various volumes issued by
Indiana jurists on civil and criminal procedure. Not a single
library has a complete set of the Indiana statutes. These
libraries are of varying value ; some have not more than two
hundred volumes, others as many as a thousand and a few
have more than two thousand volumes. The best county
library in the state, outside of Indianapolis, is in Allen county.
A large number of the libraries suffer at the hands of law-
yers who take books out and forget to return them.
CHAPTER XIX.
Statutory and Documentary Material of Indiana.
The first attempt to codify a system of laws for the guid-
ance of man was made by Moses. When he was given charge
of all of his countrymen, he was inspired to draw up some
sort of code which should guide them in their actions one with
another. How wise a man Moses was and how much he knew
of human nature may be a question of dispute. We can look
back over the thousands of years which have elapsed since he
sat down to compose a system of laws, a code, as it were, which
should form the groundwork for the administration of justice
and equity. Whether crimes were few or undefined in his day
or whether he was a wise legislator, we can not say; but the
fact remains that he summed up in his code — his constitution,
it might be called — those infractions of right conduct which
seemed to him should be prohibited by law.
And they were ten in number. In other words, Moses
found ten crimes which he felt of sufficient importance to jus-
tify specific mention in his code. It has been said that the
basis of all of our laws against crimes of all kinds may be
traced back to one or the other of the Ten Commandments.
Some of these are short and to the point ; the simple prohibi-
tions pronounced by Moses against murder, stealing, lying,
adultery. Sabbath breaking, profanity and covetousness, have
been enacted into statute by every civilized nation.
It is a long step from the Mosaic code of antiquity to the
Constitutional Convention held in Indiana in the summer of
1816, but the same spirit which animated the law-giver of
ancient times permeated the members of the Constitutional
Convention which met under the elm tree at Corydon. Those
forefathers of ours of a century ago were not men of wide
learning or pronounced ability, but there was not one among
them who did not know his Mosaic code. The Hebraic idea
of moral justice has colored the laws of every nation; the
492 Courts and Lawyers of Indiana
Greek, the Roman, the French, the German and the English
systems of jurisprudence testify to the influence of Moses.
As justice is administered today, it is conceived of as a
civil rather than a moral duty of the state. All our laws may
be considered as falling into three classes, namely: the com-
mon law, constitutional law and statutory law. The expres-
sion "common law" is not easy of definition. Kent, one of the
greatest of legal writers, says in his Commentaries (Pt. II,
Lect. XVI, p. 333, seq.) concerning common law: "United
States, in their national capacity, have no common law, and
their courts have not any common law jurisdiction in criminal
cases. We have not, under our federal government, any com-
mon law, considered as a source of jurisdiction; while, on the
other hand, the common law, considered merely as a means or
instrument of exercising the jurisdiction, conferred by the
Constitution and laws of the Union, does exist, and forms a
safe and beneficial system of national jurisprudence."
It is not generally known that as early as 1818 the General
Assembly of Indiana recognized the common law of England
as applicable to Indiana. An act of the Legislature approved
January 2, 1818, and reaffirmed in the Revisions of 1824, 1831,
1838 and 1843, states in an emphatic way the value of the
common law in Indiana jurisprudence. The act follows : "Be
it enacted by the General Assembly of the State of Indiana,
That the common law of England, all statutes or acts of the
British Parliament made in aid of the common law, prior to
the fourth year of the reign of King James the First, excepting
the second section of the sixth chapter of forty-third Elizabeth,
the eighth chapter, thirteenth Elizabeth, and ninth chapter,
thirty-seventh Henry Eighth, and which are of general nature,
not local to that kingdom, and not inconsistent with the laws
of this state ; and, also, the several laws in force in this state,
shall be the rule of decision, and shall be considered as of full
force until repealed by legislative authority." (Revised Stat-
utes, 1843, p. 1030.) This act, therefore, with exceptions as
noted, established the common law of England, as defined by
acts and statutes prior to 1607, as an integral part of the laws
of Indiana. The English common law — specifically the un-
written law of that country, the lex non scripta — is a system of
jurisprudence originating in custom or usage, as distinguished
Statutory and Documentary Material of Indiana 493
from statutory law, and gathered chiefly from the reports of
adjudicated cases and the works of commentators.
Constitutional law is that branch of jurisprudence which
sets forth those general principles of law that concern the
political structure of society; a constitution should embody
positive rules of organic law and indicate in a definite manner
the legislative enactments necessary for its application. Gen-
erally speaking, a constitution, such as Indiana possesses, pre-
scribes the limits of the three branches of government, execu-
tive, legislative and judicial. For instance, the 1850 Constitu-
tion, in speaking of Circuit courts, says : "The Circuit courts
shall consist of one judge and shall have such civil and crim-
inal jurisdiction as may be prescribed by law."
Statutory law is that provided by legislative enactment and
is written law as contradistinguished from unwritten or com-
mon law. The statutory law of Indiana consists of the acts of
the Governor and Judges (1800-1805), the acts of the General
Assembly of Indiana Territory (1805-1816), and the session
laws of the State of Indiana issued annually from 1816 to
1852 and biennially since 1852. In addition to the acts of the
regular sessions, there have been ten special sessions since
1852, these sessions being called in 1858, 1861, 1869, 1872,
1875, 1877, 1879, 1881, 1885 and 1908. General revisions of
the laws by the authority of the General Assembly have been
made in 1807, 1818, 1824, 1831, 1838, 1843, 1852 and 1881. A
number of other revisions of the laws have been issued as
private ventures and as far as their validity is concerned they
have, with one exception, been given equal recognition by the
courts with those revisions authorized by the Legislature.
The one exception refers to the three-volume edition issued
in 1888 and 1892, two volumes being issued in 1888 and a sup-
plementary volume four years later. The Legislature author-
ized the revision of 1881 and the printer of the two volumes of
this Revision issued on his own responsibility two volumes in
1888, adding to the Revision the acts passed in 1883, 1885 and
1887. Apparently this printer (E. B. Meyers & Co., of Chi-
cago) had used the same plates in his edition of 1888 which
had been used in the 1881 edition. A supplement to the 1888
edition was issued in 1892 and shortly after this the Supreme
court handed down a decision in which it stated that these
494 Courts and Lawyers of Indiana
three volumes of 1888 and 1892 could not be considered as
an edition of the statutes of the state. Consequently, they
have never been cited in the opinions of the Supreme court or
of any other court in the state where questions of moment were
at issue. While the law requires the issuance of the decisions
of the Supreme and Appellate courts, the Legislature has never
authorized any of the many digests of the decisions, all of them
having been the work of private parties.
The best summary of the official publications of the Terri-
tory and State of Indiana appeared in 1890 as Volume II, No.
5, in the Indiana Historical Society publications. This bro-
chure of ninety-five pages was prepared by Daniel Waite Howe,
of Indianapolis, and contains a descriptive list of all of the
publications issued by and under the authority of the Legisla-
ture from 1800 to 1890. The appended bibliography is con-
cerned primarily with the publications of legal nature au-
thorized by the Legislature, as well as similar publications
issued by private parties. The Session laws. Revised statutes,
Supreme and Appellate court decisions, Digests of Legislative
acts and Supreme and Appellate court decisions, the Journals
of Indiana's two Constitutional Conventions and various other
works of an official or private nature bearing on the courts of
the state, should find a place in every Circuit court library in
the state. The bibliography follows :
STATUTORY AND DOCUMENTARY MATERIAL OF INDIANA.
IXDIAXA TERRITORY (iucluding Illinois. Wiscousiu and parts of Ohio,
Michigan and Minnesota at different times).
Title of legislative body to July 4, ISOo, "Tlie Governor and Judges of
tbe Indiana Territory."
Session laws called "Laws."
Title of legislative body after July 5, 1S05, "General Assembly."
Session Laws called "Laws."
STATE.
Title of legislative body "General Assembly."
Session Laws called "Laws."
SESSION LAWS OF INDIANA TERRITORY.
LAWS FOR THE GOVERXilEXT OF THE DISTRICT OF LOUISIANA,
passed by tbe Governor and Judges of tbe Indiana Territory, at tbeir
1st session Uegun (sic) and held at Vincennes, on tbe first day of
October 1S04. Published by authority.
Statutory and Documentary Material of Indiana 495
Printed by E. Stout. 136 + (1) p. 12 mo. Vincennes, (I. T.), 1S04.
1st Session, January 1801. (Contained in "Message from the Presi-
dent of tbe United States, transmitting tlie laws" of tlie territory from
January, 1801, to February, 1802, to Congress, 32 p., 12 mo'. Message
dated February 13, 1803. A reprint is contained in "Tbroop and
Clark's reprint of laws of Indiana Territory, 1801-06." S°.)
2nd Session, January, 1S02. (Contained in "Message from the Presi-
dent of the United States, transmitting the laws" of the territory from
January, 1801, to February, 1802, to Congress, 7 p. 12 mo. Message
dated February 14, 1803. A reprint is contained in "Throop and
Clark's reprint of laws of Indiana Territory, 1801-06." 8°.)
3rd Session, (February, 1803). (Contained iu "Message from the
Pre.sident of the United States transmitting the laws" of the territory
(1803) to Congress. Message dated December 7, 1803. A reprint is
contained in "Throop and Clark's reprint of laws of Indiana Territory,
lSOl-1806." 8°.)
4th Session, (September lS03-September 1S04).
(Contained in ''Throop and Clark's reprint of laws of Indiana Terri-
tory, 1801-1806." S°.)
1st General Assembly, 1st Session, July 4, 1805.
(Contained in "Throop and Clark's reprint of laws of Indiana Terri-
tory, 1S01-1S06." S°.)
1st General Assembly, 2nd Session, November 3, 19U6, 30 + (1) p.
Folio.
(Contained in "Throop and Clark's reprint of laws of Indiana Terri-
tory, 1801-1806." S°.)
1st Session, August. 1807.
2nd Session, September. 180S.
1st Session, November, 1810.
2nd Session, November, 1811.
1st Session, February. 1813.
2nd Session, December, 1813.
1st Session, August, 1814.
2nd Session, December. 1815.
SESSION LAWS OF THE STATE OF INDIANA.
The Legislature of Indiana had annual sessions from 1816 to 1S51
and their Acts are printed annually for this period. The Legislature met
each year in December and held over into January of the following year.
There is one exception to #iis statement, namely, in 1S24 the Capitol was
moved from Corydon to Indianapolis, in December of that year, and the
ninth session did not begin until January, 1825.
From 1851 down to the present time the Legislature has met iu bien-
nial sessions with the exception of special sessions which were called in
1858, 1861, 1869, 1872, 1875. 1877, 1879, 1881, 1SS5 and 1908.
496 Courts and Lawyers of Indiana
STATUTES, COMPILATIONS, DIGESTS, CODES, ETC.
LAWS OF THE TERRITORY NORTHWEST, 1791-1S02. (1833.) (Corn-
tains laws of the Governor and Judges, the Maxwell Code and the
laws of the three Sessions of the Territorial Legislature.)
1 vol. p. 350 Cincinnati, 1833
REVISION OF LAWS OF INDIANA TERRITORY (1807). Including Illi-
nois Territory. By Jones and Johnson.
1 vol. XXVIII p. Vincennes, 1807.
COMPEND OF ACTS (1807-1814) ; G. W. Johnston. Printed by Elihu
Stout.
1 vol. p. 105, iii p. 12 mo. Vincennes, 1817.
REVISED LAWS (1823). Arranged and published by the General As-
sembly, eighth session. (Dec. 1823.)
1 vol. p. 438 Corydon, 1S24.
REVISED LAWS (1831). Arranged and published by the General Assem-
bly, 15th session. (December 1830.)
1 vol. p. 596. 8 mo. Indianapolis, 1831.
REVISED STATUTES (1838). Arranged, compiled and published by
authority of the General Assembly. 22nd Session.
1 vol. p. 667. 8 mo. Indianapolis, 1838.
REVISED STATUTES (1843). By Samuel Bigger and George H. Dunn.
Printed and published according to law. 27th session.
1 vol. p. 1114. 8 mo. Indianapolis, 1843.
REVISED STATUTES (1852). Printed and published according to law.
36th session.
2 vols. Vol. I,— p. 502. Vol. II— p. 646. 8 mo. Indianapolis, 1852.
STATUTES (1862). Edited by Gavin and Hord.
3 vols. Vol. I— p. 828 Indianapolis, 1860
Vol. II— p. 736 Indianapolis, 1862
Vol. Ill— p. 221 Indianapolis, 1863
REVISED STATUTES (1870). Edited by Gavin and Hord.
2 vols. Vol. I— p. 128 Indianapolis, 1870.
Vol. II— p. 736 Indianapolis, 1870.
Volume III, by E. A. Davis (1870) is a supplement to the
two volumes by Gavin and Hord.
(The 1870 edition is a reprint of the two volumes by
author of edition of 1862.)
STATUTES (1876), with notes aud references to judicial decisions.
2 volumes Vol. I— p. 1066
Vol. II— p. 819 Indianapolis, 1878.
REVISED STATUTES (1881) collated and annotated by James S. Frazer,
John H. Stotsenburg and David Turpie. Authorized by act of
March 28, 1879.
2 vols. Vol. I— p. 508 Chicago, 1881.
ACTS AND JOINT RESOLUTIONS (1883). S. R. Downey, editor. By
authority.
xvi 3. "1643-1829" p. 8 mo. Cincinnati, 1883.
Statutory and Documentary Material of Indiana 497
STATUTORY CONSTRUCTION (1SS7). W. W. Thornton.
1037 p. S. Indianapolis. ISS'
REVISED STATUTES (1S8S). not paged, but arranged by sections from
1 to 2605. Also contains an unpaged index. Printed by E. B
Meyer & Co.
2 Vols. S mo. Chicago, ISSS,
SUPPLEMENT (1892) ; A Continuation of Previous Editions, being Vol
III of the Revision of ISSS.
Vol. Ill, S mo. Chicago, 1S92
REVISED STATUTES (1SS9), Elliott's Supplement to the Revised Stat-
utes of ISSl. Embraces acts from 1SS3-S9, inclusive.
1 vol. p. 846. 8 mo. Indianapolis. 1889.
REVISED STATUTES (lSSS-92)
3 vols. 8 mo.
ANNOTATED STATUTES (1S94) ; Harrison Burns.
3 Vols. n. p. Indianapolis, 1894.
Supplement (1S97) being Vol. IV of the set.
n. p. Indianapolis, 1897.
REVISED STATUTES (1S96). By Frank A. Horner.
2 vols. n. p. S mo. Chicago, 1S96.
REVISED STATUTES (1S97). W. W. Thornton.
1 vol. p. 2274 Indianapolis, 1897.
ANNOTATED STATUTES (1901) ; Frank A. Horner.
2 vols. S. Indianapolis, 1901.
ANNOTATED STATUTES (1901) ; Harrison Burns.
3 vols. Indianapolis, 1901.
Also general index to Burns" Annotated Statutes.
Vol. 4 of the set was issued in 190-5 as a supplement to the 1901
edition.
ANNOTATED STATUTES (1908) ; Harrison Burns.
3 vols. " Indianapolis, 1908.
Also general index to Burns' Annotated Statutes.
ANNOTATED STATUTES (1914): Harrison Burns.
3 vols. Indianapolis, 1914,
CODES OF INDIANA.
CODE OF LAWS (1818) : William Hendricks.
ANNOTATED PRACTICE CODE (1SS9) ; W. W. Thornton and T. E.
Ballard.
PRACTICE CODE (1S93) ; W. W, Thornton.
ANNOTATED CIVIL CODE (1907) : annotated by W. W. Thornton. 2 vols.
CRIillNAL CODE (1905). (Authorized by statute and printed in Acts
of 1905).
DIGESTS OF INDIANA COURT DECISIONS.
DIGEST OF DECISIONS OF SUPREME COURT (1S58) ; S. E. Perkins.
1 vol. p. S69. Indianapolis, 1858.
(32)
498 Courts and Lawyers of Indiana
digest of decisions op supreme court (1866 and 1s70) ; e. a.
Davis.
This follows the volume of Perkins.
2 vols. I vol. p. 853 Cincinnati, 1866.
II vol. p. 556. Cincinnati, 1870.
DIGEST OF DECISIONS OF SUPREME COURT (1883) ; W. H. Ripley.
This contains all decisions from 1817 to 1881.
2 vols, paged consecutively from 1 to 1878.
DIGEST OF DECISIONS OF SUPREME COURT (1SS9) ; J. B. Black.
This follows Ripley's volumes and covers the period from 1881
to 1889.
1 vol.
NEW INDIANA CITATIONS OF SUPREME COURT (18S5) ; J. W.
Thompson.
1 vol. Indianapolis, 1885.
A revised edition in 1895 covered all cases from 1817 to 1895.
A supplement to the 1895 edition was issued in 1901, covering
Supreme court (136-155) and Appellate court (25-38).
CITATIONS OF SUPREME AND APPELLATE COURTS (1896); by W.
W. Woollen. This covers the period from 1881 to 1895.
2 vols. Indianapolis, 1896.
DIGEST OF DECISIONS OF SUPREME AND APPELLATE COURTS
(1910).
This covers the whole period from 1817 to 1910.
12 vols. Compiled and published by West Publishing Company.
A supplement was issued in 1914.
DIGEST OF SUPREME AND APPELLATE COURT REPORTS (1905) ;
Harrison Burns.
2 vols. Indianapolis, 1905.
CHARLES F. RE MY (1902).
1 vol. Indianapolis, 1902.
CONSTITUTIONAL CONVENTIONS, CONSTITUTIONS, ETC.
1S16.
JOURNAL, Corydon, June 2, 1816.
69 p. S mo. Louisville, 1816.
This Journal Is printed entire in the 1912 Proceedings of the
Indiana State Bar Association, pp. 139-231.
CONSTITUTION ; a copy of this Constitution is contained in United States
Charters and Constitutions, Part I, p. 499, where it is said that
this Constitution was "adopted at Corydon, June 29, 1816, by the
convention which framed the first Constitution of Indiana."
1850-1851.
JOURNAL OF CONVENTION to amend Constitution. Assembled at Indi-
anapolis, October, 1850.
1885 p. 8 mo. Indianapolis, 1851.
Statutory and Documentary Material of Indiana 499
DEBATES AND PROCEEDINGS of the convention for the revision of
the Constitution. H. Fowler, official reporter.
2 vols. (2107 p. continuously). S mo.
CONSTITUTION AND ADDRESS of the Constitutional Convention (in
German).
32 p. 8. New Albany, 1851.
(In English)
32 p. 8. New Albany, 1851.
CONSTITUTION. A copy of this ConsUtution is contained in United
States Charters and Constitutions, Part I, p. 512. Amended Feb-
ruary 18, 1873. A copy of this Constitution is contained in United
States Charters and Constitutions, Part I, p. 527.
CONSTITUTION AMENDMENTS. This Constitution has been amended
as follows : Amendment adopted February 18, 1873, relating to
Wabash and Erie Canal certificates; March 14, 1881, four amend-
ments extending suffrage to negroes, etc., amendment regarding
township, etc., election : amendment relating, to public oflScers;
amendment relating to Superior courts.
PROPOSED CONSTITUTION; Jacob Piatt Dunn.
47 pp. — 8 mo. Indianapolis, 1914.
A NEW CONSTITUTION FOR INDIANA; Ernest V. Shockley.
A brief resume of the Constitutional Conventions of 1816 and
1850 and of the amendments to the present constitution.
63 pp — 12 mo. Bloomlngton, 1914.
CHAPTER XX.
Legal Writers of Indiana.
Indiana is known throughout the length and breadth of the
Union as a literai-y state, and its men and women of letters
have not confined themselves to the field of romance alone.
While it is true that books of fiction predominate, the state is
not lacking in writers in other fields. Indiana has produced
several writers who have confined their efforts to legal litera-
ture, although occasionally, members of the bar have conde-
scended to enter the field of romance.
The legal writers may be divided into several different
groups, based upon the character of their writings. There
are some who make a specialty of compiling digests, codes,
etc.; others take some particular subject, as real estate or
insurance, and confine their attention to this one field; still
others have written general text books on various legal sub-
jects, such as bankruptcy, civil and criminal practice, trial evi-
dence, agency, etc Several works have been issued covering
the duties of the justice of the peace, the county commission-
ers, the sheriffs and other officials. A study of the bibliog-
raphy which concludes this chapter bears ample witness to the
fact that Indiana has produced an unusually large number of
legal \vi'iters.
The greater portion of the legal literature of the state is
the product of the last half century, very few volumes appear-
ing before the Civil War. It is not knovni definitely when the
first volume pertaining to the legal profession appeared in
Indiana. Of course, the laws of the Territorial Legislature
(1800-1816) were printed and during this same period, in
1807, Jones & Johnson issued the Revised Laws of Indiana
Territory. It is probable that the first effort to issue a law
book of any kind in the state with the pecuniary idea in view
was made by General W. Johnston in 1817. The issues of the
Vincennes Western Sun carried his advertisement during
Legal Writers of Indiana 501
1815-16, for what he chose to call a "Compend of Acts, 1807-
1814". This was purely a private venture, the Revision of
1807 being authorized by the Territorial Legislature. This
volume is very rare at the present time, and one book would
bring more now than Johnston received for his whole edition
in 1817. No other attempts were made by private parties to
issue revisions of the statutes prior to 1852.
During the period of the old Constitution (1816-52) there
were at least (so far as is now known) but two works of a
legal nature issued, in addition to the Supreme court decisions.
The first was a so-called officers' guide of 424 pages, which
bore the lengthy title of "The Officers' Guide, and Farmers'
Manual; containing a Comprehensive Collection of Judicial
and Business forms. Adapted to the Jurisprudence of Indiana,
with an Explanation of Law Phrases and Technical Terms,
Both Latin and French; to which are appended A Concise
Treatise On the Law of Evidence and Partnership, and Tables
of Interest, Calculated at six per cent, per annum". The only
clue as to its authorship is a statement made by the publishers,
William Stacy & Company, Indianapolis, to the effect that it
was "Revised by a Member of the Bar". The edition from
which the above title is taken states that it was the third edi-
tion published, and it bears the date of 1841. This third edi-
tion also contains a preface to the first edition, but no mention
is made in this as to whom the author might be. The other
work spoken of above was a small manual for justices of the
peace and constables, which was compiled by William W. Wick
and Lucian Barbour in 1846. J. F. Conover compiled the first
digest of Supreme court decisions in Indiana, his one volume
being cited as "1 Blackf.", which covers the period from 1817
to 1826. This same volume also contains the decisions of the
Supreme court of Ohio (1821-32) and those of Illinois
(1819-31).
In this connection reference should be made to the Revi-
sions of 1818, 1824, 1831, 1838 and 1843. The acts of the first
Legislature, which sat from November 4, 1816, to January 3,
1817, were published in the latter year as the "Acts of 1817".
The second Legislature (December 1, 1817-January 29, 1818)
passed a large number of acts and they are sometimes cited as
"Revised Statutes of 1818". The citation is really a misnomer,
502 Courts A^fD Lawyers of Indiana
since the volume contains only the acts passed by the legisla-
ture in 1817-18. Under the old Constitution there w^as a large
amount of what was known as special legislation and it be-
came the custom to issue two separate volumes, one of general
and the other of special laws. In 1818 it was provided "That
nothing herein contained shall be so construed as to authorize
the public printer to print an act passed at the present ses-
sion, entitled 'An Act to Regulate the Militia' ". However, in
the Laws of 1819 (p. 151) a statement under the heading "Er-
rata of the Act Regulating the Militia" indicates that the mili-
tia act of 1818 was really printed despite the prohibition of the
Legislature which passed the act.
The Revision of 1824 was authorized by the act of Decem-
ber 31, 1822, and the act providing for the revision specified
that Benjamin Parke should do the work, conferring on him
"Full power to revise, alter, amend, abridge, enlarge and
model the statute laws" of the state, "so as to produce a com-
prehensive and systematic code, best fitted in his opinion to
subserve the public interest and happiness." The Legislature
was to allow him one thousand dollars for his work. How-
ever, when Parke, who was then United States District Judge
of Indiana, was interviewed by the Legislature in regard to
the work, he declined to assume the responsibility, on the
ground that his health would not permit him to undertake the
work. Consequently, it was necessary to look elsewhere to
find some one qualified for the undertaking. Strange as it
may seem, it was no other person than Governor William Hen-
dricks himself who was chosen by the legislative committee.
Still stranger was the fact that the Governor refused to ac-
cept the thousand dollars set aside by the Legislature as com-
pensation for the work. The volume of 438 pages shows that
Governor Hendricks did his work carefully and conscientiously
and with the idea of conforming to the recommendation set
forth in the act providing for the revision.
The Revision of 1831, a volume of 596 pages, was the work
of the General Assembly, the title page saying that it was
"Arranged, and Published by Authority of the General Assem-
bly." This volume contained all the laws in force at the time
of its publication, and all statutes previously passed, not con-
tained within the volume, were repealed, except a few certain
Legal Writers of Indiana 503
acts which were designated by title. The Revision of 1838,
known as the Revised Statutes of Indiana, was "Arranged,
Compiled and Published by the Authority of the General As-
sembly," and not intrusted to any one person. The last revi-
sion of the laws of the state under the old Constitution was
authorized by the act of February 4, 1841. This act selected
Samuel Bigger, who was "authorized to prepare a compilation
and revision of the general statute laws of the state and to
suggest such amendments and alterations in any of said stat-
utes and to prepare such additions as he might deem proper
with a view to the adoption and enactment by the Legislature
of the full and complete general laws." Evidently Bigger
found the problem of revising the laws a larger one than he
contemplated and he asked the Legislature to authorize George
H. Dunn to assist him in his labors. The Legislature complied
with the request of Bigger by passing the act of January 18,
1842. It provided that Dunn should be associated with Bigger
in the work of revision. These two lawyers proceeded with
their work and by the time the Legislature opened in the fall
of 1842 they had it ready to submit to that body. For some
reason, the Revision of 1843 did not meet with popular favor
throughout the state and the reason is to be found in the fact
that the revisers made such radical changes from the three
former revisions — that is, those issued in 1824, 1831 and
1838. The Legislature printed ten thousand copies of this re-
vision and put them on sale at four dollars a volume. The sale
was so slow that the price was soon reduced to two dollars,
then to one dollar, and, finally, so tradition says, they were
offered to anyone who would carry them away. This com-
pletes the legal writings prior to 1852, when the new Consti-
tution went into operation.^
With the adoption of the Constitution of 1852 it was neces-
sary to revise all the laws of the state and this was done by
three men, known as commissioners by the act providing for
the revision. These men were Walter March, George W. Carr
and Lucien Barbour. Jonathan A. Lester had been originally
appointed by the Legislature as one of the commissioners and
when he declined to serve, Barbour was appointed in his stead.
These three commissioners wrote both the Civil and the Crim-
inal codes and submitted them to the Legislature for their ap-
504 Courts and Lawyers of Indiana
proval. The secretary of state had general charge of the print-
ing, while James S. Hester prepared the annotations which
accompanied the two volumes. Fifteen thousand were printed
in English and one thousand in German. Although there have
been several revisions since 1852, the state has authorized only
one general revision of the statutes. The General Assembly
of 1879 passed an act providing for a board of revision, "to
prepare a compilation and revision of the general statute laws
of this state and to suggest such amendments and alterations
in any of the said statutes and to prepare such additional ones
as they may deem proper with a view to the adoption and en-
actment by the General Assembly of a full and complete code
of laws; such, however, to be completed, if possible, by Sep-
tember 1, 1880, and be reported to the General Assembly at its
next session." This one act provided that the Supreme court
should appoint the board of commissioners who were to have
charge of the revisions and that body selected John H. Stot-
senburg, of New Albany, David Turpie, of Indianapolis, and
James S. Frazer, of Warsaw. When the work of revision was
completed twelve thousand volumes were printed and the
Legislature fixed a price of three dollars and twenty cents a
volume. Each member of the board of revision was paid
$3,500 for his services. This is the last general revision which
has been published by the authority of the General Assembly.
By reference to the Bibliography on Documentary and Statu-
tory Material at the end of this chapter, all other revisions of
the laws may be found listed.
The most prolific legal writer in Indiana is William W.
Thornton, now Judge of Superior court. Room 1, Marion
county. For thirty years he had been engaged in legal liter-
ary work and during that time has issued more than thirty
volumes. These cover a wide range of topics and may be
found in every Circuit court library in the state and in every
state law library in the Union. It is not the province of this
chapter to discuss the respective merits of the various legal
publications of Indiana jurists, but rather to indicate, in a
general way, in bibliographic fashion, their contributions to
the legal literature of the state and nation.
A study of the bibliography which concludes this chapter
discloses the fact that at least twenty lawyers have produced
Legal Writers of Indiana 505
legal text books and many of them have issued more than one
volume. Of official guides, there have appeared more than a
score and many of these have run through several editions. A
few writers have specialized in fields outside of Indiana. For
instance, E. E. Ballard has given his entire attention to the
preparation of volumes on the real estate statutes of various
states ; G. A. Deitch has devoted himself to all phases of insur-
ance, as has John A. Finch ; Harrison Burns specializes in the
compilation of statutes, not only of Indiana but of other states
as well.
A discussion of Indiana's literary lawyers would not be
complete without mentioning those who have wandered into
other fields. Probably the second greatest novelist the United
States has ever produced was an Indiana lawyer and at one
time a prosecuting attorney. The author of "Ben-Hur," "The
Fair God" and "The Prince of India," Lew Wallace, stands
forth as one of the commanding figures in the literary firma-
ment of the country. Milliard F. Cox, a prominent lawyer of
Indianapolis for many years, gave to the state "The Legion-
aries," a story of Morgan's raid in Indiana. Charles Major, a
native of Indianapolis and later a resident of Shelbyville, de-
lighted the whole country with his "When Knighthood Was In
Flower," and followed this novel with several others which had
a wide circulation. Horace P. Biddle, of Logansport, a mem-
ber of the Supreme court for one term, gained an enviable
reputation as a poet, and prose writer in the field of general
literature. An extended discussion of his literary work is
given in his sketch in connection with the Supreme court.
President Harrison was a fluent writer and his "This Country
of Ours" has been used as a text book in many states. Among
the lawyers now living who have added to their legal fame
that of literary achievement, may be mentioned William W.
Foulke and Albert J. Beveridge. From the facile pen of
Foulke has come poetry and prose of a high standard. As
a sonneteer he ranks among the best in the country today,
while as a writer of graceful verse of all kinds he has gained
high recognition. As an essayist and as a story teller he has
been successful. Beveridge is the author of several volumes,
chief among whicii may be mentioned "The Young Man of the
World," "The Russian Advance," "The Meaning of the Times,"
506 Courts and Lawyers of Indiana
"What's Back of the War," and he is now completing a "Life
of Chief Justice John Marshall," on which he has been work-
ing for several years.
A number of lawyers have issued volumes of their speeches,
reminiscent sketches and other works of a semi-political char-
acter. Among these may be mentioned 0. H. Smith, who, in
his "Early Indiana Trials and Sketches," has left a volume of
more than six hundred pages covering in a general way the
political history of the state under the old Constitution. This
volume is a veritable thesaurus of information concerning
scores of the lav^yers of the period from 1816 to 1852, all of
whom were personally known to Smith. Another lawyer,
George W. Julian, has left a volume of his "Personal Recollec-
tions," which throws the best light upon Indiana's part in the
anti-slavery movement. Another volume which is the pro-
duct of an Indiana lawyer, Richard W. Thompson, is entitled
"Recollections of Sixteen Presidents." The biographies of
Governor Morton and President Harrison, by William Dudley
Foulke and John L. Griffiths, respectively, are the authoritative
works on these two eminent men. William Watson Woollen,
in his "Biographical Sketches," has preserved a record of a
large number of prominent men of the state with whom he
was intimately acquainted. Two lawyers have gained a national
reputation as historians, William H. English and Daniel Waite
Howe. English wrote a two-volume work entitled "The Con-
quest of the Country Northwest of the River Ohio" and Howe
is the author of several volumes, chief among which may be
mentioned "The Laws and Courts of the Northwest and In-
diana Territories," "The Puritan Republic," "Civil War
Times," etc. Charles Moores, of Indianapolis, has written a
life of Lincoln for young people, as well as several other vol-
umes of merit.
This summary of lawyers who have engaged in literary
work other than that concerned with their profession, is not
meant to be complete, but rather, illustrative. Many other
lawyers have published works on various subjects, but enough
has been given to indicate that the study of the law has not
absorbed all of the attention of the disciples of Blackstone. The
following bibliography lists only legal publications and makes
no mention of the miscellaneous writings of the lawyers of the
state.
Legal Writers of Indiana 507
indiana legal writers.
Abbott. B. V.
Digest of ludiiina Supreme Court Reports. 2 Vols. (1 Blackford to
35 lud.— 181MS71).
Adkiusou, Francis.
Township and Town Officers' Guide. 1 Vol. 1ST7.
Artman. Samuel E.
The Legalized Outlaw.
Baldwin. Daniel Pratt.
A Lawyers Readings in Christianity. 1S75.
Ballard, Emerson Ethridge.
Annals on the Law of Real Property. 4 Vols. 1S92-1S9.5.
Real Estate Statutes of Indiana. 2 Vols.
Real Estate Statutes of Ohio. 2 Vols.
Real Estate Statutes of Kentucky. 2 Vols.
Cream of the Law. A magazine established in 1895.
Ballard, T. E.
(See above)
Barbour, Lucian.
(With W. W. Wick) Treatise for Justices of the Peace and Con-
stables. 1S46.
(With George Carr and Walter March) Revised Statutes. 2 Vols.
1S52.
Beard, Charles Austin.
The Office of the Justice of the Peace. 1904.
Bicknell, George Augustus.
Bankrupt Law. 1.S41. 2 editions.
Civil Practice of Indiana. 2 editions. ISTl.
Criminal Practice of Indiana. 1st edition, 1866. 2ud edition, 1871.
Bigger, Samuel.
(With George H. Dunn.) Revised Laws 1843.
Bingham, James.
Attorney General, Opinions of, and issued by the State Board of Tax
Commissioners. 1907.
Bingham, James J,
Manual for Township and County Officers of Indiana. 1 Vol. 1890.
Laws relating to the Assessment of Property for Taxation.
Black, James B.
Digest of the Decisions of the Indiana Supreme Court, 1 Vol. (Vols.
73-114. inclusive, covers the years 1881-89.)
Reports of the Indiana Supreme Court. 24 Vols. (Vols. 30 to 53, in-
clusive. )
Blackford. Isaac.
Reports of the Indiana Supreme Court. 8 Vols. (Covers the years
1817-47.)
Blackledge, Frank H.
See W. W. Thornton.
1S94.
3
Vols.
1901.
3
Vols.
190S.
3
Vols.
1914.
3
Vols.
508 Courts and Lawyers of Indiana
Burns, Harrison.
Digest of Indiana Railroad Laws and Decisions. 1879.
Index of Indiana Reports. 1S7S. 2nd edition, 1S82.
Index-Digest of Indiana Reports. 1S91.
Annotated Statutes of Indiana.
Annotated Statutes of Indiana.
Annotated Statutes of Indiana.
Annotated Statutes of Indiana.
Annotated Code of Missouri. 1896.
Indiana Corporations. 1910. 1 Vol.
Digest of Sup. & App. Court Reports. 1905. 2 Vols.
Buskirii, Samuel Hamilton.
Practice in the Supreme Court, with Table of Cases cited in The In-
diana Reports. 1876.
Carr, George Whitfield.
(With Walter March and Lucian Barbour.) Revised Statutes. 2 Vols.
1852.
Carter, Horace E.
Reports of the Indiana Supreme Court. 2 Vols. (1-2 lud., covers the
years 1848-51.)
Clark, Thomas M.
On County Commissioners and Auditors in Indiana. 1S79.
On Justices of the Peace in Indiana. 1SS4.
On Real Property in Indiana. 1879.
Cohn, Morris M.
The Growth of the Law. 1882.
An Introduction to the Study of the Constitution. 1892.
Conover, J. F.
Digest of Decisions of the Supreme Court of Indiana. 1 Vol. (Covers
the years 1817-26.)
Danner, Heni-y R.
Roman Law Pleading. 1912.
Davidson, Thomas F.
Overruled Cases.
Manual of Probate Law.
Davis, Edwin A.
Digest of the Decisions of the Supreme Court of Indiana. 1866 and
1870. (These volumes follow Perkins' Digest of 1 Vol. (1858) and
cover the years 1858-70).
Revised Statutes. 1870. Supplement to Gavin & Hord Statutes (2
Vols.) and known as Vol. 3.
Deemer, Horace Emerson.
Grand Juries. (Also published in Cyc). 1906.
Deitch, Guilford A., Editor of Rough yotes, an Insurance Magazine.
Dice, F.
Reports of the Indiana Supreme Court. 29 Vols. (Vols. 71-99, in-
elusive, covering the years 1880-85).
Legal Writers of Indiana 509
Dougherty, H. H.
Ou Sheriffs of Indiana. 1870.
Downey, Samuel R.
Acts and Joint Resolution. 1 Vol. 1SS3.
Indiana Practice Forms. (3rd Vol. of J. D. Works.)
Dunn, George H.
(With Samuel Bigger) Revised Laws. 1 Vol. 1S43.
Dunn, Jacob Piatt. •
Manual of the Ballot Law. 1SS9. 1892. 1894.
The Proposed Constitution. 1914.
Eggleston, William.
Auditors and Boards of County Commissioners. 1873.
On Damages. 1880.
Elliott, Byron Kosciusko.
The Work of the Advocate. 1888.
The Law of Roads and Streets. 1890.
General Practice. 2 Vol.?. (Enlarged edition of the Work of the Ad-
vocate.) 1894.
Appellate Procedure. 1892.
The Law of Railroads. 4 Vols. 1S97.
Treatise on the Law of Evidence. 4 Vols. 1905.
Elliott, William F.
(With Charles W. Moores) Criminal Law in Indiana. 1894.
Supplement to Revised Statutes of 1881. Annotated. (Covers the
years 1881-89).
Ewbank, Louis B.
Manual of Appellate Practice. 1900. 2nd edition, 1915.
Indiana Trial Evidence. 1904.
Indiana Criminal Law 1906.
Indiana Cumulative Index. 1906-09.
(With W. A. Wood) Modern Business Corporations. 1906.
Finch. John A.
Digest of Insurance Cases. Annuals, 1887 —
Insurance Agents' Rights, Duties and Liabilities. 1894.
Fishback, William P.
Manual of Elementary Law. 1896.
Frazer, James S.
(With John H. Stotsenburg and David Turiiie) Revised Statutes.
1881.
Gavin, James.
(With Oscar B. Hord) Statutes, Vol. I, 1860; Vol. II, 1862; Vol. Ill,
1863; Revised Statutes, 2 Vols. 1870. A third volume was issued in
1870 by E. A. Davis as a supplement to the two volumes of Gavin and
Hord.
Gillett, John H.
Criminal Law and Procedure in Indiana. 1888. 2nd edition, 1895.
Indirect and Collateral Evidence. 1897.
510 Courts and Lawyers of Indiana
Gilman, C.
Digest of Supreme Court Reports of Indiana. 1 Vol. (1817-38).
Goodwin, Thomas A.
Liquor Laws and Decisions in Indiana from ISO" to 1883. 1SS3.
Griffiths. John F.
Reports of the Indiana Supreme Court. 24 Vols. (117-132, inclusive,
covering the years 1889-93).
Reports of the Appellate Court. 5 Vols. (1-5, inclusive, covering the
years 1891-93).
Hall, C. R.
Land Owners Manual for New York, Ohio. Indiana, Illinois, Michigan,
Iowa and Wisconsin. 1847.
Harrison, Benjamin.
Indiana Supreme Court Reports. 10 Vols. (15-17. inclusive, covering
years 1860-61 and 23-29, inclusive, covering years 1864-68).
Hatton, Augustus Raymond.
A Digest of City Charters. 1906.
Henry, George A.
Probate Law and Practice. 1891. 2nd edition of 2 Vols. 1896. 3rd
edition. 1912.
Hepburn, Charles McGuffey.
Historical Developments of Code Pleading in England and America.
1897.
Cases and Statutes in Principles of Code Pleading.
Hogate, Enoch George.
Pleading and Practice. 1908. 2 Vols.
Hord, Francis T.
Opinions of, as Attorney-General of Indiana. 1882-86.
Hord, Oscar B.
(See James Gavin.)
Horner, Frank A.
Revised Statutes. 1 Vol.
Revised Statutes. 2 Vols. 1896.
Annotated Statutes. 2 Vols. 1901.
Criminal Law Forms. 1 Vol. 1896.
Howard, Timothy Howard.
The Indiana Supreme Court. 1900. (Issued as No. 3, of the North-
ern Indiana Historical Society).
Howe, Daniel Walte. .,
The Laws and Courts of the Northwest and Indiana Territories. 1896.
(Issued as No. 1 of Vol. II of the Indiana Historical Society.)
Howland, J. D.
(With Ferdinand Winter) Manual for Executors, Administrators and
Guardians in Indiana. 1879.
Hoyt, J. P.
Collection Laws of Indiana. (In volume with Illinois, Iowa, Mich-
igan, Minnesota and Wisconsin). 1859.
Legal Writers of Indiana 511
Iglehart, Asa.
Treatise on Justices of the Peace and Constables. 1S79. (A revisioB
of McDonald's Treatise of 1857).
Pleadings and Practice in Indiana. 1S79.
Jones, John Rice.
(With John Johnson) Laws of 1S07.
Johnson, John.
See above.
Johnston, General Washington.
A conipend of the Legislative Acts of Indiana, 1S07-1S14. Pub. in
1S17. 200 pp.
Kenner, James B.
The Law and Practice in Indiana on Drainage.
McDonald. David.
Treatise on Justices of the Peace and Constables. 1857. (This wort
has been revised by Iglehart, E. A. Davis, L. A. Shroeder and B. F.
Watson.)
March, Walter.
( With G. W. Carr and Lucian Barbour) Revised Statutes. 1852. 2
Vols.
Marrow, S. L.
The Voters' Text Book. ISSO.
Martin, A. N.
Reports of the Indiana Supreme Court. 17 Vols. (54-70, inclusive,
covering the years 1877-80).
Michener, Louis T.
Opinions of, as Attorney-General of Indiana. 1888-90.
Moon, Sidney R.
Reports of the Indiana Supreme Court. 11 Vols. (133-144, inclusive,
covering the years 1893-96.)
Reports of the Indiana Appellate Court. 9 Vols. (G-14, covering the
years 1893-96).
Moore, Alfred.
Criminal Law and Procedure in Indiana. 1879.
Moores, Charles W.
(With W. F. Elliott) Criminal Law in Indiana. 1894.
Ogden, James.
Negotiable Instruments.
Perkins, Samuel E.
Digest of Supreme Court Decisions of Indiana. 1 Vol. (1 Blackford-
7 Indiana, 1817-56).
Pleading and Practice in Indiana. 1859.
Porter, Albert G.
Reports of the Indiana Supreme Court. 5 Vols. (3-7, covering the
years 1851-56).
Reinhard. George Louis.
Indiana Criminal Law. 1879.
A Treatise on Agency. 1902.
512 Courts and Lawyers of Indiana
Eemy, Charles F.
Reports of the Indiana Supreme Court. 26 Vols. (145-170 covering
the years 1S96-1905).
Eipley, Warwick H.
Digest of Decisions of the Indiana Supreme Court. 2 Vols. Covers
the years 1S17-S1.
Eobinson, Woodford D.
■ On County and Township Offlceris. 1S93, 2nd edition.
Ruffner, Joseph.
Tax Titles. ISSO.
Scott, John E.
Indiana Municipal Law. 1S99.
Equity and Equity Pleading.
Shirts, George.
Indiana Kegligence. 1908.
Shoeliley, Ernest V.
The Constitution of ISol, and Proposals to Amend it. 1911.
Smith. Alonzo G.
Opinions of, as Attorney-General. 2 Vols. 1S92-94.
Smith, Thomas L.
Reports of the Indiana Supreme Court. 1 Vol. Covers the years
1S4S-49. Cited as Smith, Ind.
Stotsenburg. John H.
(With David Turpie and James S. Frazer) Revised Statutes. 1SS2.
Tanner, Gordon.
Reports of the Indiana Supreme Court. 7 Vols. (S-14, covering the
years 1856-60).
Taylor, Charles W.
The Bench and Bar of Indiana. 1895.
Taylor, William Calvin Linton.
Municipal Law.
Thompson, Charles N.
Building and Loan Associations. 1S92.
Thompson, Joseph W.
Indiana Citations. 1883.
ITurixe, David.
gee Stotsenburg.
Thornton, William Wheeler.
Universal Encyclopedia of Law. 1 Vol. 2nd Edition. 2 Vols. 1887.
Indiana Statutory Construction and Citations. 1886. Supplementary
volume. 1890.
Juries and Instructions. 1888.
Annotated Civil Code. 1889.
Lost Wills. 1890.
Railroad Crossings and Fences. 1892.
Practice Forms. 2 Vols.
Gifts and Advancements. 1893.
Legal Writers of Indiana 513
Thornton, Williaiii Wheeler — Con.
The Government of Indiana. 1S9S.
The Complete Guide for Indiana Township Officer.?. 1S99. Revised
editions in 1901, 1905, 1909 and 1914.
Building and Loan Associations (With Frank Blaekledge) 1S9S.
The Law of Negligence. 2 Vol. 190S.
A Treatise on the Federal Employers' Liability and Safety Appliance
Acts. 1909. 2nd edition, 1912. 3rd edition, 1915.
Indiana Instructions to Juries. 1913. 2 Vols.
The Sherman Anti-Trust Law. 1912.
Intoxicating Liquors (With W. W. Woollen).
Indiana Constables and Town Marshals. 1S98.
Decedents' Estates. (With Frank Blaekledge).
Revised Statutes. 1 Vol. 1S97.
Indiana Public Securities.
Van Fleet, John M.
Res Judicata. 2 Vols. 1S95.
Van Santvoord, G.
Indiana Justices of the Peace. 1845.
Watson, Benjamin F.
Statutory Liens. 2 Vols. 1896.
Revision of McDonald's Treatise on Justices of the Peace.
Notes to Statutes of Indiana. Issued annually since 1903.
White, Thomas Raeburn.
Oaths in Judicial Proceedings. 1903.
Commentaries on the Constitution of Pennsylvania. 1907.
Whitted, Robert Henry.
Public Administration in Massachusetts.
Taxation of Coi-poratious in New York.
Wick, William Watson.
(With Lucian Barbour) Treatise for Justices of the Peace and Con-
stables. 1S16.
Wild, E. N.
Municipal Law of Indiana. 1870.
Wilson, Oliver M.
Digest of Parlimentary Law. 18(57. 2ud edition. 1869.
Decisions of the Superior Court of Mariou County. 1 A'ol. 1871-74.
Winter. Ferdinand.
(With Livingston Rowland) Manual of Probate Law. 1876.
Wood. William Allen.
Indiana Bonds. 1004.
Modem Business Corporations. 1906. Revised Ed. 1916.
The Investment Guide and Record. 1913.
Security for Loans in Indiana. 1905.
Leaal Business Forms. 1916.
514 Courts and Lawyers of Indiana
Woollen, William Watson.
Topical Annotations.
Trial Procedure. 2 Vols. 1909.
Special Proceedings, 1 Vol.
Indiana Digest. 1S91-95.
(With W. W. Thornton) Intoxicating Liquors.
Works, John D.
Practice Pleading and Forms. (Adapted to the new Revised Code of
Indiana). 2 Vols. 2ud edition. 3rd edition, 1902. 3rd Vol. 1906.
THE REPOSITORIES OP THE LAW.
All law falls into two classes, written and unwritten. Writ-
ten law may be either constitutional or statutory, while un-
written law is commonly denominated Common Law. Laws
which have been given expression in the United States may
be found in the Federal and State Constitutions and in the
acts of the various State Legislatures, supplemented by the
decisions of the United States Supreme court and the Supreme
courts of the different states of the Union. In the following
outline an effort has been made to give all of the primary
sources of the laws affecting Indiana, and also such secondary
sources as have been shown by experience to be of value to
lawyers.
Primary Sources.
I. Constitutions.
1. Federal. 1789.
2. State. 1S16 and 1S5L
II. Federal Statutes.
1. Statutes-at-Large.
2. Revised Statutes.
3. Compiled Statutes.
4. Annotated Statutes.
III. Statutes of Northwest Territory.
1. Governor and Judges. 17S7-1S00.
IV. Territorial Statutes of Indiana.
1. Governor and Judges. lSOO-1805.
2. Territorial Legislature. 1S05-1S16.
3. Codes— Maxwell. 1S05.
4. Revised Laws — Jones & Johnson. 1S07.
5. Compend of Acts — G. W. Johnston. 1S17.
V. State Statutes.
1. Session Laws.
1. Lo-pal and Special Laws. 1S18-1S51. (Annual Sessions.)
2. Acts. 1S51-1915. (Biennial and Special Sessions.)
Legal Writers of Indiana 515
2. Eevised Statutes. ISIS, 1824, 1831, 1S3S, 1843, 1852, 1881.
3. Annotated Statutes.
VI. .Municipal Law.
1. City Charters.
2. City Ordinances.
3. Town Ordinances.
VIL Rules of Court.
1. Federal Courts.
2. State Constitutional Courts.
3. State Statutory Courts.
VIII. Federal Court Decisions.
1. U. S. Supreme Court Reports.
1. Official Series.
2. Lawyers' Edition.
3. Supreme Court Reports.
2. Federal Cases.
3. Court of Claims.
4. Federal Reporter.
1. National Reporter System.
IX. State Court Dec^isions.
1. Issued by authority of Legislature.
1. Supreme Court. 1816-1915.
2. Appellate Court. 1S91-1915.
2. Local Decisions, but not issued.
1.
Superior Court (1 Vol., issued in Marion County by Wilson
1S71-1S74.)
Circuit Court.
2.
3.
Criminal Court.
4.
Juvenile Court.
5.
Probate Court,
6.
Court of Claims.
Von-official State Decisions.
1. National Reporter System.
1.
Atlantic.
2.
Northeastern.
3.
Northwestern.
4.
Southern.
5.
Southeastern.
6.
Southwestern.
7.
Pacific.
S-
New York Supplement.
XI. Special Reports.
1. Railway.
Public Utilities Commission.
Industrial Commission.
Bankruptcy.
Workmen's Compensation Board.
516 Courts and Lawyers of Indiana
XII. Selected Cases.
1. Lawyers' Reports Annotated.
1. First Series.
2. New Series.
2. American and English Annotated Cases.
3. Trinity.
1. American Decisions.
2. American Reports.
3. American State Reports.
Secondary Sources.
I. Text Books.
II. Search Books.
1. Tables of Statutes Construed.
2. Tables of Cases Digested.
3. Tables of Cases Reported.
4. Tables of Cases Affirmed, Reversed or Modified.
5. Auuotators.
6. Citators.
7. Tables of Cases Cited.
8. Tables of Parallel Citations.
9. Subject Indexes.
III. Encyclopedias.
1. American and English (Articles on Legal Subjects).
2. Encyclopedia of Pleading and Practice.
3. American and English Encyclopedia of Law and Practice.
4. Encyclopedia of Law and Procedure.
5. Encyclopedia of Evidence, etc.
VI. Digests.
1. American Digest System.
1. Century Digest.
2. Decennial Digest.
3. American Digest. Key-Number Series.
4. Monthly Digest.
2. State Digests.
3. Reporter Digests.
4. Selected Case Digests.
V. Words and Phrases.
VI. Legal Magazines.
CHAPTER XXI.
The Present Judicial System.
Sixty-three years of actual operation have disclosed most
of the week and strong points of our judicial system. The
best criticisms of the system, both favorable and unfavorable,
are to be found in the nineteen volumes of "Proceedings of
the Indiana State Bar Association." Before entering on a re-
view of this literature it will be best to give a general view of
the system.
At the base of the system, or, to use the trite figure, the
foundation of the temple of justice, are the justices' courts.
The general grant of power by the Constitution reads as fol-
lows: "The judicial power of the state shall be vested in a
Supi'eme court, in Circuit courts and in such other courts as
the General Assembly may establish." Section 14 of the ar-
ticle on the Judiciary says: "A competent number of justices
of the peace shall be elected by the voters in each township
in the several counties. They shall continue in office four
years, and their powers and duties shall be prescribed by law."
The number of justices is left by statute to the county com-
missioners, the maximum being fixed. The justice, or
"squire," is thus a constitutional officer whom the General As-
sembly is powerless to abolish, if it would. There are from
ten to fifty of these popular courts in each county, each in a
considerable degree independent of all.
The justice has criminal jurisdiction coextensive with his
county. He has exclusive jurisdiction where the fine cannot
exceed three dollars, and concurrent jurisdiction over all mis-
demeanors punishable by fine only. The civil jurisdiction of
the justice is coextensive with his township in suits involving
less than one hundred dollars and concurrent up to two hun-
dred dollars.
The aggregate number of suits tried in the justices' courts
518 Courts and Lawyers of Indiana
no doubt exceeds the number tried in all other courts in the
state combined. The chief criticism offered against the work
of these courts arises from the fact that all the fees of the
court, constable and jurors, is directly dependent on the ver-
dict. If the accused is acquitted, no costs attach. The profes-
sional lawyers do not covet the practice in these courts and
therefore the general conduct of causes is not always in accord
with the rules that apply in higher courts. In spite of all the
objections, the justices' courts maintain themselves in the pub-
lic estimation. They have the two great merits of cheapness
and speed.
Almost coordinate with the justices' courts are the police
courts of the cities. In each of the cities of the first, second
third and fourth classes, there is elected a police judge, who
serves during a two-year term. He holds daily sessions of
court and has the criminal jurisdiction of justices of the peace,
the jurisdiction of the mayor, exclusive jurisdiction of all
violations of the ordinances of the city, and, in addition, orig-
inal concurrent jurisdiction in all cases of petit larceny and
other violations where the penalty does not exceed $500 and
imprisonment of six months, or both. In cities of the fifth
or lowest class, the mayor acts as police judge. The judges
are on a salary and there is no court cost except a docket fee
of five dollars. One of the chief objections to the justices'
courts is thus obviated. The police court rarely uses a jury,
and when it does, the panel consists of six men. The pros-
ecuting attorney for the circuit prosecutes all cases. He
usually appoints a deputy, who makes it his sole business to
attend the police courts. No complicated cases are ever tried
before the police courts. Judgment is rendered speedily in the
great number of cases, in most of which the evidence is ample
or the guilt admitted. The province of the court is being en-
croached on rapidly by probation officers, juvenile courts and
various other agencies. This latter field is attracting some
very earnest attention from the police judges, who have the
very best opportunities of studying this question.
Next above the justices and the police courts are the Cir-
cuit courts. By Act of May 14, 1852, a system of Common
Pleas courts was established in the state. The state was di-
The Present Judicial System 519
vided into forty-four Common Pleas circuits, at first, but these
were frequently clianged. This was intended to be a county
court. It had exclusive jurisdiction in all probate matters and
concurrent jurisdiction in a large number of causes related to
or growing out of probate business. Guardians, executors
and administrators were generally the interested parties in
its litigation. The jurisdiction of this and the Circuit courts
became so greatly confused that it was thought best to abolish
the whole system and transfer its jurisdiction to the Circuit
courts. This was done by the act of March 6, 1873, which
abolished the offices of Common Pleas Judge and district at-
torney.
The Circuit court has always been the chief forum of liti-
gation in Indiana. The Act of June 17, 1852, divided the state
into ten circuits. Its jurisdiction is too well knowTi to need
statement here. Its jurisdiction, however, is defined by the
General Assembly and not by the Constitution. Its officers
are a judge, elected for six years, a prosecutor, elected for two
years, and a clerk, elected for four years.
The sixty-three years of existence of these courts have sug-
gested many criticisms. One of these is the manner of select-
ing judges. This criticism has suggested a number of reme-
dies. There are many lawyers who believe that judges should
be appointed by the governor for life, subject only to impeach-
ment. This idea, of course, comes directly from the English
customs, adopted by the United States and many of the states.
The appointive, life-tenure plan, they point out, has worked
well there and in the seven or eight states which have fol-
lowed that example. The basic reason, it is argued, is the
necessity of separating the judges from the fear of hasty re-
sentment by the voters. A much smaller number who favor
life tenure favor the judicial recall. This, they claim, would
answer the main objection to life tenure; that is, that life
tenure will create an arbitrary power in the hands of the
judiciary incompatible with free institutions and a free democ-
racy. In Massachusetts, where judges hold during good be-
havior, a vote of want of confidence by the State Bar Asso-
ciation is tantamount to a decision against good behavior.
Practically this never happens, as judges anticipate such
520 Courts and Lawyers of Indiana
action by the Bar Association and i-esign. Another reform
favored by a large number of lawyers, and once at least en-
dorsed by formal resolution of the Indiana State Bar Asso-
ciation, is the selection of judges at an election at which no
other officers are chosen.
While discussing the trial or Circuit Judge, it is in order to
point out a criticism which finds its source in the lack of power
of the Circuit Judge. This alleged defect likewise comes from
a comparison of the Circuit Judge with the United States Dis-
trict Judge. The United States judge has far more power
than has the state judge. The latter is largely at the mercy
of the jury as far as the verdict is concerned. The United
States judge conducts criminal trials as they were conducted
at the English Common Law, under which the jury was bound
to follow the instruction of the judge in all matters of law,
and which also permitted the judge to comment on and give
his view on the evidence and what it proved. Under Lord
Jeffreys and some other English judges this power was grossly
abused. To avoid such results, many of our states, including
Indiana, adopted provisions giving the jury the right to de-
termine the law and the facts. Under this provision our
Circuit Judges, after instructing the jury, must affirmatively
direct the jury that it is the sole and exclusive judge of the
law and the evidence.
"The fifth instruction requested by the state and given by
the court was : 'The court instructs the jury that they are the
judges of the law as well as the facts in this case, and, if they
can each say upon their oath that they know the law better
than the court itself, then they have the right to do so. But,
before assuming so solemn a responsibility, they should be as-
sured that they are not acting from caprice or prejudice, that
they are not controlled by their will, or their wisdom, but
from a deep and confident conviction that the court is wrong,
and that they are right. Before saying this, upon their oath,
it is their duty to reflect whether from their study and experi-
ence they are better qualified to judge the law than the court.
If, under all these circumstances, they are prepared to say that
that the court is wrong in its exposition of the law, the Con-
stitution and the statute has given them the right.' The Con-
The Present Judicial System 521
stitution of our state (section 64, Burns' Statutes 1908) pro-
vides: 'In all criminal cases whatever, the jury shall have
the right to determine the law and facts.' This section of the
Constitution declares in the broadest and most imperative
terms that in all criminal cases the jury shall have the riglit
to determine the law as well as the facts. It is the duty of the
court to instruct the jury as to the law of the case, and at the
same time inform them that they are the judges of both the
law and facts. Instructions in criminal cases are not to bind
the conscience of the jurors, but to enlighten their judgment.
The above instruction imposes a restriction upon the jurors
not imposed by the Constitution, consequently said instruction
is in conflict therewith, and erroneous, in that it takes from
the jury their entire freedom as the judges of the law and the
facts, and imposes upon them a restriction not contemplated
by the Constitution, but attempts to nullify it." (99 N. E.
422.) Thus is the jury entirely freed from the control of the
court both as to the law and the fact. This power extends
so far as to give the jury the right to interpret the Constitu-
tion so far as it may apply to the case at bar. Whether it
would be better or not for the Circuit Judge to have more
power is an open question. It is mentioned here merely as a
criticism frequently heard.
Another criticism made on the Circuit court, which is
really a criticism on the judge, is that its jurisdiction covers
too wide a range. Other states have divided jurisdiction con-
ferred upon our Circuit court among a number of courts.
This condition has resulted of late years in a number of Supe-
rior and Criminal courts of limited jurisdiction located in the
more populous counties. This criticism, however, runs con-
trary to all our traditions of a century. The unmistakable
tendency is to consolidate rather than separate our jurisdic-
tions. It was this tendency which, in 1816, killed the numer-
ous local courts of the territory; later, it killed the Probate
courts; still later, it killed the Common Pleas courts, and at
present there are many lawyers who favor abolishing all the
Superior and Criminal courts and returning their jurisdic-
tions to the Circuit courts, whence they sprang. They would
meet the difficulty by placing more men on the Circuit bench.
522 Courts and Lawyers of Indiana
Among those who would divide the business of the Circuit
court there is little agreement. Some would divide along the
lines between civil and criminal ; others along the line between
probate and the old Quarter Sessions, while still others would
follow the lead made by the police courts by cutting out of the
jurisdiction of the Circuit court cognizance of all petty crimes
and misdemeanors.
Another criticism made against our judges is that under
the present system the judge, whose circuit is often only a
county, is not only personally well known by many persons,
but that he is somewhat conversant with many of the diffi-
culties which result in crime or law suits. It is recom-
mended that the justices go on circuit and not hold court in
the county where they live.
As noted above, the tendency to break up or separate the
jurisdiction of the Circuit court leads occasionally to the es-
tablishment of coordinate tribunals with special powers. One
class of these courts is called the Superior court. A number
of these have been created in the more populous counties.
Each rests on a particular statute which defines its power
and confers its jurisdiction. The following quotation from
the law constituting the Grant and Delaware Superior court,
approved March 1, 1909, will serve as an illustration : "Said
court shall have jurisdiction in all civil actions, original and
appellate, concurrent with the Circuit court of said county, in
all matters of every character whatever of which said Circuit
courts now have or may hereafter have jurisdiction, except
probate matters and the settlement of decedents' estates."
The purpose clearly is to relieve a congested court, but the
new jurisdiction is entirely concurrent. The judge of the
Superior court cannot, any more than the Circuit Judge, hope
to become a specialist, such as a police or probate judge might
become. The Circuit Judge must be equally a master in all
fields of the law. Only two fields are eliminated for the Su-
perior judge, the criminal and probate law. For this reason,
many thoughtful lawyers are contending that it would be bet-
ter to abolish the present Superior courts and increase the
number of Circuit judges. Where there are two or more
judges on the same circuit each could specialize in a certain
The Present Judicial System 523
line of cases. Such an arrangement would have the added
advantage of doing away with the necessity of special judges.
By an Act of March 10, 1903, another inroad was made on
the jurisdiction of the Circuit court. This act established a
Juvenile court in Indianapolis. It is typical of this new kind
of court. A regular judge is elected by the voters at the gen-
eral election. The procedure is not radically different from
that of the Circuit court. A probation officer, appointed by
the judge of the Juvenile court, is required to appear at the
trial as the friend of the delinquent. Children, convicted, are
usually turned over to this probation officer for care and con-
trol under the direction of the judge.
This court has "jurisdiction over all cases relating to chil-
dren, including juvenile delinquents, truants, children peti-
tioned for by boards of childrens' guardians and all other cases
where the custody or legal punishment of children is in ques-
tion, but such court shall not have probate jurisdiction." This
jurisdiction is conferred in smaller counties on the Circuit
court.
It is to be noted that this jurisdiction is carved out more
scientifically than that of the Superior court. The jurisdic-
tion is not concurrent, either, and hence not so liable to lead
to confusion. It is a departure in American courts and so
far has commended itself to popular opinion, though, like all
innovations, it has incurred the hostile criticism of a large
number of laymen and lawyers.
Another court whose jurisdiction is taken from the original
field of the Circuit court is the Criminal court. The act of
April 12, 1881, pi'ovided that this court should consist of a
judge, elected by the voters for a term of four years. The
other officers were the same as those of the Circuit court. In
all its proceedings it was governed by the same laws as those
governing the Circuit court. This Criminal court had "orig-
inal exclusive jurisdiction with the county, of all crimes and
misdemeanors, except where jurisdiction is by law conferred
on justices of the peace, and such appellate jurisdiction in
criminal cases as may by law belong to the Circuit court in the
counties having no Criminal court."
This, of course, was an attempt to relieve the congested
524 Courts and Lawyers of Indiana
Circuit court. It is in effect the election of a second Circuit
Judge to look after criminal cases. The Criminal court judge
was, moreover, authorized to sit in cases where the regular
Circuit Judge was for any reason ineligible, thus rendering
him all the more an extra Circuit Judge. This act established
Criminal courts in Marion, Allen and Vigo counties only.
There seems at present no serious objection to this court, ex-
cept the general criticism, stated above, that it would be sim-
pler to elect more Circuit Judges and not divide the general
jurisdiction of the Circuit court.
Yet another class of petty crimes and misdemeanors have
been withdrawn from this general field and placed under the
general jurisdiction of the county truancy boards. These offi-
cers have been in direct relation with the schools and most of
the offenses of which they take cognizance are absences from
school and related delinquencies.
The Act of March 8, 1915, commonly known as the Indiana
Workmen's Compensation Act, created a tribunal which was
invested with some of the duties formerly performed by the
Circuit court. This act is administered by an Industrial
Board, of three members, appointed by the Governor, and on a
salary of $4,000 per year. In general, this board has exclu-
sive jurisdiction over all damage cases arising from industrial
accidents. The reason for this tribunal is to be found in the
excessive costs often accruing both to employer and employee
in the prosecution of damage suits, and also from the growing
sentiment that every industry should sustain its own losses,
among which should be counted not only depreciation of equip-
ment, but also losses consequent upon injury or death of em-
ployees. In the new tribunal a procedure is laid down rad-
ically different from that followed in the Circuit court in sim-
ilar cases, and consists essentially in a plan by which the two
parties may adjust their case without the assistance of any
court or lawyer. The departure is too new to judge of its
efficacy in our own state.
An act of February 28, 1905, had already created a Rail-
road Commission, which, as amended by act of March 9, 1907,
provided for the appointment by the governor of three men
whose duty was "to supervise all railroad freight and passen-
The Present Judicial System 525
ger tariffs, and to adopt all necessary rules and regulations to
govern car distribution and delivery, train service and accom-
modations and demurrage rules and charges and for car serv-
ice or the transfer or switching of cars from one railroad to
another at junction points, or vi'here entering the same city
or town" and have jurisdiction over practically all other ques-
tions of a civil nature to which the railroads were a party.
Four years later this commission was abolished and its
powers transferred to the newly-created Public Utilities Com-
mission. The jurisdiction of the new commission was wid-
ened immensely so as to include all civil questions arising
from the organization or conduct of public utilities companies.
The reasons for the creation of this new tribunal and the con-
sequent curtailment of the powers of the Circuit court are to
be found in the necessity of greater dispatch in the settlement
of these questions and in the growing distrust of the ability
of the courts to handle this class of cases adequately. On the
one hand, the public complained that courts were unduly in-
fluenced by the corporations and, on the other hand, it was
asserted that corporations could not get justice at the hands
of juries. The commission is on trial and public opinion is
divided as to its merit.
The net result of all these extra tribunals is not unlike that
which prevailed during the decade preceding the constitutional
convention of 1850. The unity and simplicity of the system
are being sacrificed, largely to relieve the crowded dockets.
There is no disposition on the part of the writer to compare
the merits of the two general plans for relieving the congested
courts. One plan is to multiply the jurisdictions; the other is
to multiply the judges. The main argument for the former
plan is that it permits specialization and leads to expertness.
The main argument for the latter is that it is simpler, far
more economical and more systematic, and in the end pre-
serves intact the general body of the law. It will divide the
profession of the law into groups of lawyers, each equipped
to practice in a special court only.
Above the trial courts stands an Appellate court, whose
essential duty is to review the work of the trial court and see
that substantial justice has been done. In order that the Ap-
526 Courts and Lawyers of Indiana
pellate court may do its work intelligently, certain forms of
procedure are laid down for the guidance of the trial court.
The chief source of complaint against the Appellate court
arises from the administration of these rules of procedure.
The tendency of the court seems to be to stick too closely to
the formal rules and thus become technical. An example of
this criticism may be found in the act of September 19, 1881,
and the amendment of 1911. These acts abolished all forms
at common law and equity.
As pointed out above, another source of popular complaint
against the appellate branch is its slowness of action. When
the present Supreme court was provided for in the Constitu-
tion of 1851 it was arranged so that the number of judges
might be increased up to five. This, it was thought, together
with the new officers, the reporter and clerk, would enable the
court to keep its docket clear.
Long ago the court reached the point where its five judges
were unable to take care of its work. At first a remedy was
sought by appointing a Supreme Court Commission, composed
of five members, one from each district. It seems that what
happened was that each supreme judge had a deputy to help
with the work of preparing decisions. The plan failed. It
was an attempt to solve the difficulty of a crowded docket by
multiplying the judges and preserving the jurisdiction.
In 1891, after the Constitution had been amended, the Ap-
pellate court was created and given a special jurisdiction
carved out of the original field allotted by the Constitution to
the Supreme court. This, just as plainly, is an attempt to
remedy a congested court by dividing the jurisdiction. The
inevitable result has followed. The boundary line between
the jurisdictions is a zone of trouble and uncertainty. The
decisions of the Appellate court are accepted with hesitation
and lawyers seek by one method or another to have their
causes brought for review to the Supreme court. In many
cases it results in two appeals, the first to the Appellate court,
and the second to the Supreme court. As an illustration of
this we cite the famous case of Pittsburg, etc., R. Co. v. Peck
(45 Ind. App. 712.) From a judgment of $4,000 rendered by
the Cass Circuit court, the railroad company appealed to the
The Present Judicial System 527
Appellate court, which court, on February 19, 1909, trans-
ferred it to the Supreme court on the ground that a constitu-
tional question was involved, namely, whether section I of the
Employers' Liability Act did not violate the company's right
under the Fourteenth Amendment (43 Ind. App. 316.) On
March 9, 1909, the Supreme court transferred it back to the
Appellate court on the ground that the Supreme court had
already held said section valid and that, therefore, no consti-
tutional question was raised (172 Ind. 19). This case had
already been reversed by the Supreme court (172 Ind. 537).
The Appellate court, on June 4, 1909, retransferred the appeal
to the Supreme court, on the ground that the statute defining
the jurisdiction of that court expressly prohibited it from de-
ciding any case in which a constitutional question was raised,
and that its decision on the question of jurisdiction was final
(44 Ind. App. 62.) The Supreme court, July 1, 1909, in a
lengthy opinion, retransferred the case again to the Appellate
court on the ground that its decision originally transferring it
to the Appellate court must be considered as final, and that,
although a constitutional question was involved, the Supreme
court's decision originally transferring the case must be con-
sidered as an elimination of all constitutional questions from
the case. Montgomery, C. J., however, held that the Supreme
court had made a mistake in the original transfer and that the
Supreme court had exclusive jurisdiction in all cases involving
a constitutional question, however devoid of merit the question
might be (172 Ind. 562). The Appellate court, January 7,
1910, retransferred the appeal to the Supreme court on the
ground that four judges of the Appellate court could not agree
on a decision. The appellee having died, this administration
compromised the case and the judgment was reversed upon a
confession of error (45 Ind. App. 712.)
In spite of this attitude by many lawyers, the court seems
to be holding its own in public opinion and will probably not
be abolished until the whole judicial system of the state is
reorganized in a constitutional convention.
The other features of the judicial system remain very much
as they have been from time immemorial. "Twelve good men
and true" still hear the evidence and declare the verdict, in
528 Courts and Lawyers of Indiana
criminal cases, being judges of both the law and the evidence.
They are still selected with the same scrupulous diligence as
to the ignorance of the case as when Mark Twain wrote his
satire on the Nevada jury. The same grand jury as a century
ago, except for slight changes in numbers, holds the semi-
annual inquest on the county and finds indictments against the
evil-doers. The same defect with regard to prosecuting at-
torneys exists as did a century ago. The office has not been
attractive to the best attorneys, although, of course, many
good lawyers have served in the capacity of prosecutor. The
office seems to be regarded as the special province of young
attorneys, and is rarely held for more than two terms in suc-
cession. This suggests that party politics has some influence
on the election. The prosecuting attorney is paid $500 per
year as a salary and supplements this by fees depending
largely on his success at the bar.
This feature of the office is open to the same objection as
the fee system in the justices' courts. The corresponding of-
ficer in the United States courts, following the English cus-
tom, is appointed for a term of four years and placed on a
salary which has no relation to the work done or suits won.
This system has not found favor in Indiana largely because it
is thought the present system is cheaper to the taxpayer.
Viewing the system as a whole, one may safely say that
the administrative department of the government is making
deep inroads on the former province of the courts. These
inroads come from pressure in at least three directions. The
industrial world is demanding greater expedition in the settle-
ments of its disputes. Bureaus and commissions are taking
over in large measure the former work of the courts along this
line. Railroads, municipal utilities, industrial accidents, and
insurance in some states, have been given over to commis-
sions or special tribunals.
From another direction social forces are asking and re-
ceiving control over matters formerly left exclusively to the
courts. Divorce courts, truancy boards, juvenile courts, pro-
bation officers, orphans' agencies, women's aid societies, and
even the Christian associations are sharing this work. In all
these cases there is more expedition and more regard for the
Resume of the Judiciary System 529
social results of the action. Women and children are gener-
ally being withdrawn from the power of the courts.
From the direction of charity, benevolence and education,
the so-called saving forces of society, there is likewise pressure
on the field of activity of the courts. Defectives, children and
orphans are by statute turned over to these institutions for
purposes of care, protection and training. So deep are these
inroads becoming, that many lawyers look with some appre-
hension on the future of the courts. On the other hand, it is
admitted by all that there is much useless and purposeless liti-
gation in the fields just enumerated. It is conceded that so-
ciety would not be the loser by the prevention of all such law-
suits, just as it is the gainer by the prevention of all diseases
possible.
CIVIL AND CRIMINAL STATISTICS OF INDIANA, 1911-1915.
The work done by the Indiana county courts is strikingly
set forth in the tables prepared by the bureau of statistics each
year. The law requires (Burns' Revised Statutes of 1898, sec-
tions 9342-9344) the bureau "to collect, compile, systematize,
publish, print and report biennially with other reports" all
statistics relating to arrests and convictions in the county
courts of the state. The act providing for the collection of
this data also provides that the county clerk or other officers,
whose duty it is to collect this material, shall make a report
to the chief of the bureau of statistics not later than Februai-y
15 of each year.
The blank which is sent out lists the following crimes on
which reports are to be made : Adultery, assault, assault and
battery, carrying concealed weapons, cruelty, disturbing the
peace, drunkenness, gambling or gaming house, loitering, petit
larceny, prostitution and association, provoke, riot, speed law
violations, trespass, vagrancy, violation of fish and game laws,
violation of liquor laws, violation of pure food laws, and finally
"all other misdemeanors." The blank also requires a state-
ment as to the disposition of each of these specified misde-
meanors.
Another set of statistics shows a resume of all civil and
530 Courts and Lawyers of Indiana
criminal actions together with their disposition. The follow-
ing tables have been prepared from the records in the bureau
of statistics and exhibit in concise manner the amount of
business which was handled by the county courts for the past
five years.
SUMMARY OF CIVIL AND CRIMINAL CASES IN INDIANA, 1911-1915
Civil Cases. 1911 1012 1913 1914 1915
Cases filed 35,55G 35.398 38,841 37.530 37.914
Cases disposed of 30.803 32.018 34,047 31,523 33.824
Cases venued to other counties 1,149 1,105 1,339 1.373 1.50G
Cases venued from other counties... 1,098 1,341 1,382 1,305 1,664
Children's cases in Juvenile court 3,463 2,234 2,901 3,447 4,175
Letters of administration issued 6,371 7,220 6,941 7,123 7,310
Guardianships issued 2,475 2,686 2,821 2,353 2,552
Decrees of foreclosures entered 1,428 1,534 1,504 2,032 2,029
Sheriffs sales 956 1,081 1,109 1.209 l,22g
Adjudged of unsound mind 1,065 1,139 1,416 1,290 1,374
Marriage licenses issued 30,345 31,540 31,653 31,229 31,534
Criminal Cases.
Cases filed 7,905 6,330 8,090 7.394 5,743
Cases dismissed 2,873 2,960 3,025 3,454 1,956
Cases disposed of 4,997 4,618 5.062 5,348 3,154
Cases venued to other counties 69 83 47 76 31
Cases venued from other counties 63 80 65 61 26
Convictions for felonies 1,085 1,167 1,344 1,550 1,090
Convictions for felonies released on
probation 385 396 448 459 317
Convictions for misdemeanors 1,907 1,251 1,431 1,677 810
Convictions for misdemeanors re-
leased on probation 247 174 247 357 197
Cases for violation of liquor laws 1,403 837 1,274 866 729
Convictions for violations of liquor
laws 617 380 488 378 210
The tables showing the arrests and convictions in the
county, city and justice of the peace courts cover the years
1910 to 1914, inclusive. At the time this data was prepared
(June, 1916), Grant and Vigo counties had not made their
reports for 1915 and consequently it was impossible to give
the statistics for 1915.
ARRESTS AND CONVICTIONS IN THE COUNTY COURTS, 1910-1914.
FELONIES.
White
Male Female :
1910 1.809 102
1911 1,873 69
1912 2,341 76
1913 2,293 59
1914 2,415 65
MISDEMEANORS.
White
Male Female :
1910 2,486 179
1911 3,101 240
1912 2,237 61
1913 2,873 109
19X4 2,517 96
Col
ored
Total Convic-
Hale
112
3
2,026
1,078
6
2,064
1,085
10
2,557
1,167
116
14
2,482
1,344
187
6
2,673
1,515
Colored
Total O
nnvic-
Hale
tions
65
8
2,738
1,522
.■>2
3,393
1,907
61
3
2,363
1,251
39
2
3;023
1,431
121
17
2,761
1,659
Resume of the Judiciary System 531
ARRESTS AND CONVICTIONS IN THE CITY COURTS.
MISDEMEANORS.
White Colored Total Convic-
Male Female Male Female Arrests tions
910 28.521 2.523 4.344 1.036 36,424 20.206
911 30.984 2,549 4.844 1,071 39.448 21.998
912 28,847 2,716 5,337 1,181 38,081 21,067
913 29,656 2,484 4,385 1,051 37,576 22,423
914 25.384 1.940 1,572 356 29,252 18,366
ARRESTS AND CONVICTIONS IN THE JUSTICE OF THE PEACE
COURTS.
MISDEMEANORS.
White Colored Total Convic-
Male Female Male Female Arrests tions
910 11,342 597 256 86 12,281 9,834
911 12.949 900 256 108 14,315 11,408
912 11,969 899 349 102 13,319 10,099
913 12.730 923 330 98 14,081 10,500
914 10,490 606 487 80 11,663 8,746
SUMMARY OF COURTS OF INDIANA.
The following summary shows all the different courts of
Indiana, the dates of their establishment and abolishment, and
such other facts as are concerned with the general history of
the development of the courts.
Supreme Court.
1. Constitution of 1816 provided for three members (Art. V, Sec. 1).
2. Constitution of 1S,j1 provided for not less' than three nor more
than five members (Art. VII, Sec. 2).
1. Act of February 19, 1852, provided for four members.
2. Act of December 16, 1872, added the fifth member.
Supreme Court Commissioners.
1. Act of April 14, 1881, provided for a Commission of five members.
2. Act of March 3, 1883, extended the term of the Commission to
April 14, 1885.
3. Act of 1889, provided for a second Supreme Court Commission, but
the Supreme Court declared the act unconstitutional (118 Ind. 350).
Appellate Court.
1. Act of February 28, 1891, established the court and provided for
five members.
2. Act of March 12, 1901, added a sixth member.
Circuit Court.
1. Constitution of 1816 provided for president judges for each cir-
cuit to be elected by the Legislature for a term of seven years, and
for two associate judges for each county to be elected by the quali-
fied voters of each county (Art. V, Sec. 3).
532 Courts and Lawyers of Indiana
2. Constitution of ISol provided for circuit judges to be elected by
ttie voters of each circuit for a term of six years (Art. VII, Sec.
8-9).
Probate Court.
1. Territorial Probate court established with the act of August 30,
1788; abolished by the act of July 29, 1805.
2. State Probate court established, January 29, 1818.
3. Act of February 11, 1825, placed the Associate Judges in charge of
the Probate court.
4. Act of January 23, 1829, provided for the election of a Probate
Judge in each county in the state by the voters thereof for a period
of seven years.
5. Act of May 14, 1852, abolished the Probate court and transferred
all pending cases to the Common Pleas court.
6. Act of March 9, 1907, established a Probate court in counties with
cities of not less than 100,000 population. This limitation re-
stricted such a court to Marion county.
Common Pleas Court.
1. Act of June 6, 1795,^ established Common Pleas courts in the
Northwest Territory; such courts continued during the territorial
period of Indiana (1800-1816), but were not provided for by Con-
stitution of 1816.
2. Act of February 14, 1848, established a special Common Pleas
court in Tippecanoe county.
3. Act of January 4, 1849, established a special Common Pleas court
in Marion county.
4. Act of February 13, 1851, established a Common Pleas court in
Jefferson county, but the act seems not to have been put into
operation.
5. Act of May 14. 1852, abolished the old Probate courts and special
Common Pleas courts, and established Common Pleas courts in all
the counties in the state. They took the place of the old Probate
court and were also given jurisdiction over certain causes formerly
restricted to the Circuit court.
6. Act of March 6, 1873, abolished all Common Pleas courts in the
state, and transferred all pending cases to the Circuit court.
Criminal Court.
1. Act of December 20, 1865, established the first Criminal court in
the state, and subsequently eight other similar courts were estab-
lished, all of which have been abolishd. Marion county now has
the only Criminal court in the state.
Superior Court.
1. Act of February 15, 1871, established the first Superior court in
Marion county. Many other counties have since established such
courts, some under general and others under special acts of the
Legislature.
Juvenile Court.
1. Act of March 10, 1903, established the first and only Juvenile court
In the state. It is in Marion county.
Resume of the Judiciary System 533
Court of Claims.
1. Act of March 9, 1SS9, establisbed the Court of Claims in accord-
ance witli the provision in the 1S51 Constitution (Art. IV, Sec. 24).
The Marion county Superior court was constituted the Court of
Claims.
Court of Conciliation.
1. Act of June 12, 1852, established Courts of Conciliation in accord-
ance with the provision of the 1851 Constitution (Art. VII, Sec.
19) ; abolished with the act of November 30, 1865.
Orphans'' Court.
1. Act of June 16, 1795, established Orphans' courts in the Northwest
Territoiy, and they were continued under the provisions of tils
act until abolished by the territorial Legislature, August 24, 1805.
Court of Chancery.
1. Act of August 2, 1805, established a Court of Chancery ; abolished
by the act of March 11, 1813.
Court of Tmpcachment.
1. Act of August 24, 1805, established a Court of Impeachment.
2. Constitution of 1816 (Art. Ill, Sec. 23-24) provided that the Leg-
islature should impeach all civil officers of the state.
3. Act of 1805 was adopted by the Legislature of 1818, but it became
inoperative upon the failure of the Legislature to include it in the
Revision of 1824.
4. Constitution of 1851 (Art. VI, Sec. 77) provided that the Legis-
lature could impeach all state officers for "crime, incapacity or
negligence :'" it also provided that state, county, township or county
officers could be removed or impeached "in such manner as may be
prescribed by law." No act has ever been passed providing for
removal by the Legislature, but the Legislature in 1875 provided
for the removal of an officer who became intoxicated while actually
in the performance of his official duties.
Coroners' Court.
1. Act of December 21, 1788, established a Coroners' Court in the
Northwest Territory.
2. Act of 1788. with some little change, was incorporated in the Re-
vision of 1807.
3. Legislation under the Constitutions of 1816 and 1851 has made
practically no change in the Coroners' courts since their creation in
territorial days.
Justice of Peace Court.
1. Act of August 23, 1788, recognized the Justice of Peace court, and
under this act these courts operated until after Indiana was organ-
ized as a Territory in 1800.
2. Act of August 12, 1805, established the court in Indiana, the act
being based largely on the act of December 2 1799, which, in turn,
was supplementary to the act of -August 23. 1788.
3. Constitutions of 1816 (Art. V, Sec. 12) and 1851 (Art. VII, See.
14), provided for Justice of Peace courts.
534 Courts and Lawyers of Indiana
Indiana Workmen's Compensation Act.
1. Act of March 8, 1915, created a tribunal, which. In some respects,
is a judicial body. It handles all damage cases due to industrial
accidents, and has the authority to settle such cases without the
intervention of any other court. In effect, it becomes a court, with
powers taken from the Circuit court. (Acts, 1915, p. 392).
CHAPTER XXII.
The County Courts of Indiana.
The history of the County courts of Indiana properly
begins with the organization of Knox county, June 20, 1790,
the date on which the county was organized by Winthrop
Sargent, the secretary of the Northwest Territory. No other
county was organized within the present limits of Indiana
prior to 1800, when the Territory of Indiana was created by
an act of Congress. The congressional act of May 7, 1800,
divided the Northwest Territory by a line drawn from the
mouth of the Kentucky river to Fort Recovery, in Mercer
county, Ohio, and thence due north to the boundary between
the United States and Canada. All the territory west of this
line was designated as the Territory of Indiana, while that
east of the line retained the old name of Northwest Territory.
At this time there wei'e three counties in Indiana Terri-
tory, Knox, St. Clair and Randolph, the latter two being
located in the southwestern part of the present state of Illi-
nois, along the Mississippi river. The two Illinois counties
remained a part of Indiana Territory until 1809, when Illi-
nois Territory was organized by Congress. No attempt has
been made to discuss the court history of these two counties.
While Indiana was a Territory (1800-1816), there were
twelve new counties organized, that is, there were only thirteen
counties formally organized when the territorial Legislature
petitioned Congress for an enabling act. These counties,
with the dates of their organization, number of voters and
their total population in 1815, are given in the following table:
Name Date of Organization Voters Pop.
Knox June 20, 179n 1,391 S,068
Clark February 3, 1801 1,387 7,150
Dearborn March 7. 1803 902 4,424
Harrison October 11, 1808 1,056 6,975
Jefferson November 23, 1810 874 4,270
Franklin November 27, 1810 1.430 7,370
Wayne November 27. 1810 1,225 6.407
Warrick March 9, 1813 280 1,415
536 Courts and Lawyers of Indiana
Name Date of Organization Voters Pop.
Gibson March 9. 1813 1,100 5,330
Washington December 21, 1S13 1,420 7,317
Switzerland September 7, 1S14 377 1,832
Posev September 7, 1814 320 1,619
Perry September 7, 1814 350 1,720
Two other counties, Jackson and Orange, were organized
in December, 1815, but they were considered as parts of other
counties when the census was taken. In the compilation of
the data for the county chapters, the complete judiciary of
all the fifteen counties organized prior to November 7, 1816,
has been given. The record of all the judges and justices of
peace has been preserved in John Gibson's Executive Journal.
This volume, in his own handwriting, is in the secretary of
state's office at Indianapolis. The Indiana Historical Society
published the Executive Journal (Vol. Ill, No. 3) in 1900, the
editors being W. W. Woollen, Daniel Waite Howe and Jacob
Piatt Dunn.
It is manifestly impossible in the preparation of such a
work as the present publication to treat the judicial history
of each county in detail. A volume might be written about
the courts of each county in the state, its lawyers, its famous
trials, etc., but such a procedure would far transcend the plan
on which this history has been based. Briefly stated, each
county chapter contains the facts concerning the organization
of the county, the location of the county seat, the meeting of
the first court and a complete list of all the judges and prose-
cutors of the various kinds of courts which have been estab-
lished in the counties.
An effort has been made to make personal mention of the
judges of each circuit, as well as some of the more prominent
members of the local bar. Many counties have but a brief
historical sketch, for the reason that the judges who presided
over their courts were discussed in other counties of the cir-
cuit. For instance, in 1852 the whole state was divided into
ten circuits and at least one judge had thirteen counties in his
circuit. It would be unnecessary to mention this judge spe-
cifically in each county in his circuit, although in the list of
judges prepared for each county his name will be found in
its proper place. Many judges and lawyers of the state have
contributed data on their respective counties. Many lawyers
The County Courts 537
othei" than judges have held prominent positions in the state
and nation and are discussed elsewhere in this work.
In the first volume may be found a full discussion of all
the different kind of courts and it remains only to notice them
briefly in this connection. Each county in the state, with the
exception of Newton, had Associate, Probate and President
Judges, and prosecuting attorneys under the old Constitution.
Two Associate judges for each county were elected by the
voters for a term of seven years; one Probate Judge was
elected by the voters of each county for seven years, after the
act of January 23, 1829; President Judges for' each circuit
were elected by the Legislature for a term of seven years;
prosecuting attorneys were elected for a one-year term by the
Legislature for each circuit from 1824 until the act of Febru-
ary 11, 1843, which provided for their election by the voters
of each circuit for a two-year term. Four years later (Janu-
ary 27, 1847) the Legislature provided for the election of
prosecuting attorneys in each county of the state, their tenure
to be three years. It must be understood that these were
county and not circuit prosecutors, although they had charge
of all the state's cases in the Circuit courts. Two years later
(January 16, 1849) another change was made in regard to the
election of the prosecutor. This act returned to the circuit
system and provided for the election of one prosecutor each
for the fourth and eighth circuits, but an exception was made
in this act to Wabash and Cass counties, of the Eighth, and
to Posey, Perry and Crawford, of the Fourth circuits. How-
ever, with the act of February 14, 1851, the state returned to
the method of electing a prosecutor by the voters of each cir-
cuit, whose tenure should be two years. The acts of 1849
and 1851 will explain why there are not prosecutors listed
in the counties between these two dates.
With the adoption of the present Constitution in 1852 a
new system of courts was inaugurated. The former Presi-
dent Judge now appeared as the Circuit Judge, elected by
the voters of each circuit for a term of six years. The Pro-
bate court was discontinued and its place taken by the Com-
mon Pleas court, the latter court continuing in operation until
abolished by the act of March 6, 1873. An explanation of the
538 Courts and Lawyers of Indiana
Common Pleas districts is given in connection with the chapter
on the Minor Courts in Volume I, as is a discussion of the
Superior, Criminal, Probate and Juvenile courts.
In listing the Circuit Judges, each change in circuiting
is indicated, thereby making it possible to tell to which circuit
a county belongs at any date. The same procedure is fol-
lowed with the prosecuting attorneys. The tenure of all
judges and prosecutors has been ascertained from the original
commissions in the office of the secretary of state at Indi-
anapolis. In many cases the commissions do not indicate the
exact date on which the judge or prosecutor took his office,
and where this happens local records have been examined in
order to establish the proper date of incumbency.
It has been found that the records often are incomplete
and even inaccurate; names are often misspelled or illegible
or both ; dates suffer in the same way ; some commissions are
even missing. In some instances names are spelled as many
as three different ways; in at least one case, father and son,
both judges, spell their names differently. Whenever there
has been any doubt about the spelling of a name the local
records have been depended upon for the proper spelling.
The lists of the President, Circuit, Common Pleas, Superior,
Criminal, Probate and Juvenile Judges, as well as the circuit,
district and criminal prosecutors, have been sent to the judges
now on the bench, or to some lawyer in the county, for veri-
fication. Many errors in spelling and dates have been rectified
in this way. With all the efforts which have been taken to
insure accuracy, there may still be found some errors.
The greatest difficulty in compiling the lists of Circuit
Judges and prosecutors was encountered in those years where
new circuits were created or old ones reoi'ganized. There
has been but one complete recircuiting of the state since 1852
the one provided by the act of March 6, 1873. During the
decade following the Civil War, political prejudices were re-
sponsible for more than one change in circuiting. Some
judges were so unpopular that influential members of the bar
sought and attained the attachment of their counties to other
circuits in order to be rid of a particularly obnoxious judge.
By 1873 there was such a hopeless confusion in the organ-
The County Courts 539
ization of the circuits that the Legislature was compelled to
take drastic measures to straighten out the situation. Since
that time there has been little difficulty experienced in creat-
ing new circuits or combining circuits already organized.
Adams County.
Adams county required three separate legislative acts be-
fore it got organized, namely: February 2, 1835, January 23,
1836, and January 30, 1836. The latter act resulted in the
formal organization of the county on the 1st of March, 1836.
Decatur was chosen as the county seat within a short time
after the county was organized, the site being donated by
Samuel Johnson, who offered as an inducement to have the
seat of justice located on his land, the sum of thirty-one
hundred dollars, four church lots, half an acre for a public
square, two acres for a cemetery and one acre for a seminary.
He further agreed to pay the expenses of the locating commis-
sioners and to furnish a house to hold court in until suitable
buildings could be erected. This was too tempting an offer
to be refused and the commissioners promptly accepted the
offer "and proceeded to the aforesaid town site, and marked
a white oak tree with blazes on four sides, on each of
which they individually inscribed their names." Although
Decatur has always been the county seat, it came very near
losing it in 1850, when the town of Monroe made a strong
bid for the honor. At an election held that year, four towns
were voted for, the result of the election being as follows:
Decatur, 474; Monroe, 343; Monmouth, 14. and Pleasant
Mills, 2.
The first Circuit court convened on April 13, 1837, at the
house of John Reynolds. Charles W. Ewing was the Presi-
dent Judge of the Eighth circuit to which Adams was at-
tached. Robert R. Ray and John K. Evans were the Asso-
ciate Judges. The first case in court was listed on the docket as
Alexander Smith, Treasurer of the Board of School Trustees,
vs. Thomas Ruble. The case was dismissed at the cost of
the defendant. Neither of the first two Judges, G. A. Everts
and S. C. Sample, who presided over the Eighth circuit be-
540 Courts and Lawyers of Indiana
tween the organization of the county and December 10, 1836,
when Charles W. Ewing was transferred to the circuit, held
a term of court in Adams county.
ASSOCIATE JUDGES.
Robert R. Ray Appointed April IS, 1836 ; resigned, June, 1838.
John K. Evans Appointed April 18, 1836-April IS, 1S50.
William Elzey Appointed August 16, 1S3S, vice Ray resigned; re-
signed. July, 1841.
Wade Loafbourrow Appointed September 21, 1S41, vice Elzey resigned ;
April IS, 1843.
Ezekiel Hooper April 18, lS43-April IS, 1S50.
William Storkbam A.pril 18, lS50-October 12, 1852.
Enoch A. Bunner April IS, lS50-October 12, 1S52.
The records state that John K. Evans resigned in May, 1S41, but, of
course, his reasons for so doing are not given. In the fall of the same
year he was elected to the same office from which he had resigned in the
spring and his commission, dated August 11, 1841, states that he was to
serve seven years from April 18, 1836. There is nothing to indicate that
anyone was appointed to fill the vacancy between May and August and
for this reason his service is indicated as extending from April 18, 1836,
to April 18, 1850.
PROBATE JUDGES.
Robert D. Tisdale Appointed May 1, lS39-August 15, 1839.
James Crabs August 15, 1830, commission issued, but Crabs re-
fused to accept the office.
Robert D. Tisdale Appointed September 23, 1839, vice Crabs, and to
serve until the August, 1840, election, Tisdale was
elected and served until he resigned in May, 1841.
Josephus Martin August 11, 1841, commissioned, but refused to accept.
Alvin Randall Appointed January 28, 1842, vice Martin ; August
30, 1849,
David Showers August 30, 1849-October 12, 1852.
The records in the office of Secretary of State give Tisdale as the first
Probate Judge, but local records give Jacob Barks as serving from 1837 to
1839. The refusal to accept the office was due to the fact that it was not
sufficiently remunerative to attract the better class of lawyers and ouly
those with considerable training were able to fill it. Tisdale was evidently
appointed after the resignation, death or removal of Barks.
COMMON PLEAS JUDGES.
James W, Borden 1852; resigned March 2, 1S5S
Joseph Brackenridge— Appointed March 2, 1S58-1S64.
James W. Borden 1864-67, resigned.
Robert S. Taylor Appointed October 29, lS67-November 2. 1S68.
David Studebaker 1868-69, resigned.
The County Courts 541
Robert S. Taylor Appointed September 1, lS69-October 24, 1870.
William W. Carson 1870-72, resigned.
Samuel E. Sinclair Appointed September 5, 1872-73.
DISTRICT PROSECUTING ATTOR-VETS.
David Studebalier lSo2-5-t.
Robert Brackenridge__ 18.^4-56.
William G. Spencer 185G (declined to accept).
William L. Smith Appointed December 16, 1S56-1858, resigned.
John Colerick Appointed November 9, 1858-1859, resigi^ed.
Josepb S. Vance .l—.Appoiuted May 24, 1859-60.
David T. Smith 18W)-62.
David Colerick 1802-06.
Joseph S. Dailey 1800-68.
Benjamin F. Ibach 1808-72.
Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts___. March 1, 1830; resigned July 5, 1836. Eighth
circuit.
Samuel C. Sample Appointed July 5, 1836-December 10, 1836. The act
of December 10, 1836, reorganized the Eighth and
created the Ninth, Sample being transferred to the
new circuit.
Charles W. Ewing December 10, lS36-January 30, 1839. The act of
January 28, 1839, put Adams in the Eleventh.
Morrison Rulon Commis.sioned Jauuai-y 20, 1839, but failed to
qualify.
David Kilgore Appointed March 1, 1839-December 15, 1841. The
act of December 14, 1841, put Adams in the Twelfth.
James W. Borden December 15, 1841; resigned July 31, 1851.
Elza A. McMahon Appointed July 31, 1851-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned to take effect August 15,
18.55. Tenth circuit.
James L. Worden Apiwinted July 19. 1855, to serve from August 15,
1855 ; resigned January 18, 1858, to become Judge
of the Supreme court, to which he had been ap-
pointed.
Reuben J. Dawson Appointed January 18, lS58-October 26, 1858.
Edward R. Wilson October 26, 1858-October 26, 1864.
Robert R. Lowry October 26, lS64-March 6, 1873. The act of March
6, 1873, put Adams in the Twenty-sixth circuit and
at the same time transferred Lowry to the Thirty-
eighth.
Jacob M. Hayues March 6. lS73-November 23, 1877.
James R. Bobo November 23, 1877-November 23, 1889.
542 Courts and Lawyers of Indiana
Daniel D. Heller November 23, 18S9-Xovember 23, 1901. The act of
March 1, 1897. made Adams the sole county in the
Twenty-sixth, where it has since remained.
Richard K. Erwin November 23, 1901-November 23, 1907.
James T. Jlerriman..- November 23, 1907-November 23, 1913.
David E. Smith November 23, 1913 ; term expires November 23, 1919.
Judge Worden was appointed Supreme Judge in 1858 to fill the vacancy
caused by the resignation of William Z. Stuart and served by subsequent
election until 1865. He served again on the Supreme bench from 1871
until he resigned, December 2, 1882. Judge Erwin has been a member of
the Supreme court of the state since January 1, 1913.
PROSECUTING ATTORNEYS.
Samuel C. Sample March 1. 1836-July 5, 1836. Eighth circuit.
Joseph L. Jernegan___ Appointed July 5, 1836; transferred to the Ninth by
the act of December 10, 1836,
Thomas Johnson December 10. 1.836-December 3, 1838.
John W. Wright -December 3, 1838-January 28. 1839. The act of
January 2S. 1839, put Adams in the Eleventh.
Jehu T. Elliott Appointed February IS, 1839-August 20, 1839; re-
signed.
John Brownlee .\ppointed August 20, 1839-December 5, 18.39.
-Jeremiah Smith December 5, 1839-December 14, 1841, The act of
December 14, 1841, put Adams in the Twelfth,
William H. Combs December 14, 1841; resigned October 30, 1843,
Robert L, Douglas Appointed October 30, 1843-September 19, 1845.
Elza A. McMahon Appointed September 19, 1.845-September 19, 1847.
James L. Worden August 28, 1851-October 12, 1852. Tenth circuit.
John M. Connell October 12, 1852 ; resigned January 27, 1853.
Joseph Brackenridge. Appointed January 27, 1853; refused to accept,
James L. Worden Appointed February 17, 1853, vice Connell, re-
signed, and Brackenridge refused to accept appoint-
ment, Worden resigned January 7, 1854, to take
effect February 1, 1854,
Edward R. Wilson Appointed February 1, 1854; resigned in August,
1866.
Sanford J, Stoughton_.Appointed August 20, lS56-December 6, 1858.
James M, Defrees Appointed December 6, 185S; died in office in May,
1859.
John Colerick Appointed May 10, 1859-Oetober 26. 1860.
Augustus A. Chapin October 26, lS60-Xovember 3, 1862.
James H. Schell N'ovember 3, 1862-November 3, 1866.
Thomas W. Wilson November 3, 1866-November 3, 1868.
Joseph S. Dalley November 3. lS6S-November 3, 1876. Transferred
from the Eighth to the Twenty-sixth by act of
March 6, 1873.
Joshua Bishop October 24, lS76-December 29, 1876. resigned.
The County Courts 543
Lutber F. Baker Appointed December 29, lS76-October 26, ISSO.
John T. France October 26, ISSO-November 17, 1SS4.
Edwin C. Vaughn November 17, 1884-March 9, 1885, resigned.
Oscar H. Adair Appointed March 9, 1885-November 17, 1888.
Richard H. Hartford_-Xovember 17, 18S8-November 17, 1890.
George F. Whitaker November 17, 1890-November 17, 1892.
Richard H. Hartford__November 17. 1892-November 17, 1894.
F. H. Snyder November 17, lS94-November 17, 1896.
David E. Smith November 17, lS96-November 17, 1900.
John C. Moran November 17, 1900-January 1, 1907.
Henry B. Heller January 1, 1907-January 1, 1911.
Rolla C. Parrish January 1. 1911-January 1, 1915.
J. Fred Frichte January 1, 1915 ; term expires January 1, 1917.
Allen County.
Allen county was organized by the legislative act of De-
cember 17, 1823, and the act became effective on April 1,
1824. There was no question but that the locating commis-
sioners would select Ft. Wayne as the county seat, since it
not only was the most centrally located site, but also had the
advantage of the most desirable location in every other re-
spect.
When Allen county was organized it was attached to the
Third circuit, which at that time was presided over by Miles
C. Eggleston. The first session of the Circuit court con-
vened in Ft. Wayne in April, 1824, at the log tavern of
Alexander Ewing. Judge Eggleston was not present, but the
Associate Judges, Samuel Hanna and Benjamin Cushman,
were present and, in the absence of the President Judge, took
the oath of office and opened the court. Charles W. Ewing
was appointed prosecuting attorney, the prosecuting attorney
for the circuit, Oliver H. Smith, not being present. It is
interesting to note that Gen. John Tipton, later United States
senator, who was then living at Ft. Wayne, was the foreman
of the first grand jury of Allen county. The first business
of the court was to admit William C. Ewing to the bar.
The act of February 12, 1825, placed Allen county in the
Fifth district, which at that time contained the counties of
Morgan, Johnson, Shelby, Bartholomew, Decatur, Rush,
Henry, Madison, Marion, Hamilton, Hendricks and Monroe.
To this circuit were also later added Carroll and Hancock,
544 Courts and Lawyers of Indiana
in 1828, and Cass, in 1829. Allen county was placed in the
Sixth circuit by the act of January 20, 1830, and in the Eighth
circuit by the act of January 7, 1833. It remained in this
circuit until December 14, 1841, when it was placed in the
Twelfth circuit with Wells, Huntington, Whitley, Noble, La-
grange, Steuben, Dekalb and Adams counties. It remained
in this circuit until the adoption of the new Constitution in
1852.
Bethuel F. Morris, of Indianapolis, appeared as Presiding
Judge at Ft. Wayne on June 6, 1825. At the November ses-
sion of the same year, John Tipton was indicted for assault
and battery, pleaded guilty and was fined three dollars, "for
the use of the county seminary of Allen county." Miles
C. Eggleston, of Madison, first appeared at the August term
of 1826 and continued to serve as President Judge until 1830.
Charles H. Test was appointed judge of the newly organized
Sixth circuit on January 23, 1830. Judge Test opened the
tenth term of Allen Circuit court with William N. Hood as
Associate Judge and James Perry as prosecutor. Perry was
from Centerville and continued in the practice of law until he
was nearly ninety years of age. At the first session of the
court in 1830, David H. Colerick was admitted to the bar.
He was the father of six sons, all of whom became prominent
citizens, one of them serving in after years as a member
of the Supreme court commission.
In 1833, as above stated, Allen county was placed in the
Eighth circuit and Gustavus A. Everts was appointed Judge
of this new circuit. By 1836, the circuit had increased in
size until it included fifteen counties, as well as a large unor-
ganized territory which came under the jurisdiction of con-
tiguous counties of the circuit for jurisdictional purposes.
Judge Everts resigned in July, 1836, and Samuel C. Sample,
of South Bend, became the President Judge. Judge Sample
remained on the bench less than a year, resigning to accept
a seat in Congress. After leaving that body, he became con-
nected with one of the branches of the State Bank at South
Bend. Upon the resignation of Sample, Charles W. Ewing
was appointed as President Judge of the Eighth circuit and
remained on the bench until he committed suicide in 1843.
The County Courts 545
In the fall of 1839 Henry Chase, of Logansport, was appointed
judge of the Eighth circuit, serving until John W. Wright, of
Logansport, was appointed, December 15, 1839. Judge
Wright retired from the bench in December, 1841, and in
the following year was elected mayor of Logansport. He
was elected to the Legislature in 1856, but declined to serve.
During the fall of that year he went to Kansas and took a
prominent part in making a free state. He was selected a
member of the Kansas Constitutional Convention, was sub-
sequently elected to the Legislature of the state and chosen
speaker of the House. After Lincoln became President, he
removed to Washington, D. C, where he became a prominent
member of the bar, dying in that city, October 9, 1899.
James W. Borden was appointed President Judge of the
Eighth circuit on December 15, 1841, the day after Allen
county was placed in the newly created Twelfth circuit, which
included at that time the counties of Allen, Adams, Wells,
Huntington, Whitley, Noble, Steuben, Lagrange and Dekalb.
Judge Borden resigned in 1851, and was succeeded by Elza
McMahon, the latter serving until the new Constitution went
into operation October 12, 1852. Judge Borden afterwards
became Judge of the Common Pleas court and, still later,
of the Criminal court of Allen county.
The act of June 17, 1852, placed Allen in the Tenth circuit.
In the fall of that year Elza A. McMahon was elected as the
first judge of the circuit. Judge McMahon resigned in 1855,
and was succeeded by James L. Worden, who continued on the
bench until he resigned, in January, 1858, to become a mem-
ber of the Supreme court. Reuben J. Dawson was appointed
to fill the unexpired term of Judge Worden and was succeeded
by Edward R. Wilson, who was elected in the fall of the same
year for a six-year term. Robert R. Lowry ascended the bench
in 1864, and served until his resignation, February 27, 1875.
During his term of office, the act of March 8, 1873, united
Allen with Whitley in the Thirty-eighth circuit. Judge Lowry
was later elected to Congress for one term and afterwards
practiced law in Ft. Wayne until his death, in 1904.
Upon Judge Lowry's resignation in 1875, Governor Hen-
(35)
546 Courts and Lawyers of Indiana
dricks appointed William W. Carson to serve the remainder
of the term, although the members of the local bar, with one
exception, recommended the appointment of another lawyer.
Strange to say, the recommendation was for a Republican
and signed by every Democrat at the bar with one exception,
and it was that one Democrat who was appointed by the
Governor.
In the fall of 1876, Edward O'Rourke was elected Judge
of the circuit and, by subsequent re-elections, held the office
until November, 15, 1912, serving six full terms of six years
each. Judge O'Rourke had the honor of serving longer on the
bench than any other Judge in the state. John W. Eggeman,
the present Judge of the circuit, ascended the bench on No-
vember 15, 1912.
It is not possible within the limits of the discussion of
the <;ourts of Allen county to enumerate all the lawyers who
have practiced before the local bar. All of the various Judges
and prosecuting attorneys, with dates of their tenure, are
given in the roster of the judicial officers of the county.
Among other lawyers who have been identified more or less
with the Allen county bar, may be mentioned the following:
W. H. H. Miller, who was Attorney-General of the United
States under President Harrison ; Walter Olds, who became a
member of the Supreme court of the state ; Robert S. Taylor,
well known as an expert in legal affairs connected with elec-
tric affairs ; Solomon D. Bayless, who served as pension agent
from 1862 to 1868; Isaac Jenkinson, who was presidential
elector in 1860 and United States consul at Glasgow, Scotland,
from 1869 to 1874 ; John Morris, who served on the Supreme
bench in Indiana ; Robert S. Robinson, at one time Lieutenant-
Governor of Indiana, and many others who might be men-
tioned.
The following residents of Allen county have served in
Congress at various times, most of them having been lawyers :
James E. White, A. H. Hamilton, Charles Chase, Walpole G.
Colerick, Joseph K. Edgerton, Charles Braton, James M.
Robinson and Newton Gilbert. Gilbert was Lieutenant-Gov-
ernor of the state before serving as a member of Congress
and was later appointed to a responsible position in the
Philippine islands, where he is now living.
The County Courts 547
ASSOCIATE JUDGES.
Samuel Hanna June 15, 1S24.
Benjamin Cushman June 15, 1824.
William N. Hood April 3, 1827, vice Samuel Hanna, resigned.
Lewis G. Thompson February 23, 1831, to serve seven years from June
15, 1831 ; resigned July 19, 1835.
William N. Hood July 14, 1831 : removed from county and Governor
issued vs^rit of election December 9, 1833 (never
held it).
William G. Ewing May 5, 1834, to serve seven years from July 14,
1831 (vice William N. Hood, removed) ; resigned
July 4, 1835.
David Rankin August 14, 1835, appointed, vice William G. Ewing,
resigned, to serve seven years from July 14, 1831 ;
resigned November 30, 1836.
Peter Hewling January 23, 1836, vice Lewis G. Thompson, resigned,
to serve seven years from June 15, 1831.
Marshall S. Wines January 26, 1837, to serve seven years from July
14, 1831, vice David Rankin, resigned.
Marshall S. Wines September 25, 1837; resigned 1841.
Nathan Coleman September 25, 1837; resigned 1841.
Joseph H. McMakin December 8, 1841, vice Marshall S. Wines, resigned,
to serve seven years from June 15, 1838.
Joseph H. McMakin August 28, 1844.
Robert Storkweather— August 28, 1844; resigned August 8, 1850.
Andrew Metzger August 19, 1850, to serve seven years from June 15,
1845.
PROBATE JUDGES.
William G. Ewing September 10, 1829; resigned April 20, 1834.
Hugh McCulloeh Appointed May 5, 1834, to .serve from June 20, 1834;
served until he resigned, in November, 1835.
Thomas Johnson Appointed November 17, 1835-Octoher 26, 1839.
Reuben J. Dawson October 26, 1839-August 17, 1840.
Samuel Stophlet August 17, 1840; resigned in July, 1844.
George Johnson .Appointed July 18, 1844-August 20, 1847.
Nelson McQain August 20, 1847-October 12, 1852.
COMMON PLEAS JUDGES.
James W. Borden 1852 ; resigned March 2, 1858.
Joseph Braekenridge Appointed March 2, 1858-64.
James W. Borden 1864-67, resigned.
Robert S. Taylor Appointed October 29, 1867-November 2, 1868.
David Studebaker 1868-69. resigned.
Robert S. Taylor Appointed September 1, 1869-October 24, 1870.
William W. Carson 1870-72, resigned.
Samuel E. Sinclair Appointed September 5, 1872-73.
548 Courts and Lawyers of Indiana
DISTRICT PROSECUTING ATTORNEYS.
David Studebaker 1852-54.
Robert Brackenridge— 1.S54-56.
William G. Speucer_„ 1S56 (declined to accept).
William L. Smith Appointed December 16, 1856-58, resigned.
John Colerick Appoiuted November 9, 1858-59, resigned.
Joseph S. Vance Appointed May 24, 1859-60.
David T. Smith 1860-62.
David Colerick 1862-66.
Joseph S. Dailey 1866-68.
Benjamin F. Ibaeh 1868-72.
Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Miles C. Eggleston April 1, 1824-January 20, 1830. Third circuit. The
act of January 20, 1880, put Allen in the Sixth.
Charles H. Test Apiwiuted January 23, 1830-January 7, 1833. The
act of January 7, 1833, put Allen in the Eighth.
Gustavus A. Everts Appointed January 9, 1833 ; resigned July 5, 1836.
Samuel C. Sample Appointed July 5, 1836-December 10, 1836.
Charles W. Ewlng Appointed December 1, lS36-September 1, 1839. The
act of December 10, 1836, transferred Sample to
the Ninth.
Henry Chase Appointed September 1, 1839-December 15, 1839.
John W. Wright December 15. 1839-December 15, 1841.
James W. Borden Appointed Deceml)er 15, 1841; resigned to take
effect July 31. 1851. The act of December 14, 1841,
put Allen in the Twelfth.
Elza McMahon Appointed July 23, 1851-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned July 19, 1855, to take
efCect August 15, 1855. Tenth circuit.
James L. Worden Appointed August 15, 1855; resigned January IS,
1858. The Allen Circuit records show that Judge
Worden opened his first court on September 3, 1855.
Reuben J. Dawson Appointed January 18, 185.8-October 26, 1858.
Edward R. Wilson October 26, 1858-October 26, 1864.
Robert R. Lowiy October 26, 1864; resigned February 27, 1875. The
act of March 6, 1873, united Allpn and Whitley
in the Thirty-eighth.
William W. Carson Appointed February 27, 1875-October 24, 1876. The
act of March 9, 1875, made Allen the sole county
in the Thirty-eighth, where it has since remained.
Edward O'Rourke October 24. 1876-November 15, 1912.
John W. Eggeman November 15, 1912; term expires November 15,
1918.
The County Courts 549
PROSECUTING ATTORNEYS.
Oliver H. Smith August 9, 1824-August 1, 1826, resigned. Third cir-
cuit.
Amos Lane Appointed August 1, 1826-December 30, 1826.
Cyrus Finch December 30, 1826-Deeember 30, 1828.
U. M. Kay December 30, 182S-January 20, 1830. The act of
January 20, 1830, put Allen in the Sixth.
James Perry January 25, lS30-January 25, 1832.
William J. Brown January 25, 1832-January 7, 1833. The act of Jan-
uary 7, 1833, put Allen in the Eighth.
John B. Chapman January 10, 1833-August 11, 1834, resigned.
Samuel C. Sample Appointed August 11, 1834-July 5, 1836, resigned.
Joseph L. Jernegan Apiwinted July 5, 1836-December 10, 1836; trans-
ferred to Ninth.
Thomas Johnson December 10, 1836-December 3, 1838.
John W. Wright December 3, 183S-December 5, 1839.
Lucian P. Ferry December 5, 1839-December 14, 1841. The act of
December 15, 1841, put Allen in the Twelfth.
William H. Combs Appointed December 14, 1841-Octotber 30, 1S43.
Robert L. Douglas December 14, 1843-September 19, 1845.
Elza A. McMahon September 19, 1845-September 19, 1847.
James L. Worden August 28, 1851-October 12, 1852. Tenth circuit.
John M. Connell October 12, 1852; resigned January 27, 1853.
Joseph Brackenridge Appointed January 27, 1853 ; refused to accept
James L. Worden Appointed February 17, 1853, vice Connell, resigned,
and Brackenridge refused to accept appointment.
Worden re.signed January 7, 1854, to take effect
February 1, 1854.
Edward R. Wilson Appointed January 26, 1854, to serve from February
1, 1854 ; resigned August, 1856.
Sanford J. Stoughton._^ppointed August 20, 1856-Deei8mber 6, 1858.
James M. Defrees December 6, 1858; died in office. May, 1859.
JohnColerick A_ppointed May 10, lS59-October 26, 1860.
August A. Chapin October 30, 1860-November 3, 1862.
James H. Schell November 3, 1862-November 3, 1866.
Thomas W. Wilson November 3, 1866-November 3, 1868.
Joseph S. Dailey November 3, 186S-March 6, 1873. The act of March
6. 1873. put Allen in the Thirty-eighth, where it
has since remained.
Jacob R. Bittinger Appointed March 29, 1873-October 27, 1877.
James F. Morrison October 27, 1877 ; resigned November 6, 1880.
Charles M. Dawson— November 6, 18S0-October 22, 1887. Dawson was
first commissioned October 25, 1880, to serve two
years from October 22, 1881, but Morrison resign-
ing, Dawson evidently assumed the office at the
time of the former's resignation.
James M. Robinson October 22, 1887-October 22, 1891.
550 Courts and Lawyers of Indiana
Philemon B. Colerick-.October 22, 1891-October 22, 1895.
N. B. Doughman October 22, 189o-October 22, 1899.
Emmett V. Emriek October 22, 1899-January 1, 1904.
Ronald T. Dawson January 1, 19(>4-January 1, 1906.
Daniel B. Ninde January 1, 1906-January 1, 1908.
Albert E. Thomas January 1, 190S-January 1, 1912.
Harry H. Hilgemaun— January 1, 1912-January 1, 1916.
Frank A. Emriek Januai-y 1, 1916 ; term expires January 1, 1918.
SUPERIOR COURT.
The present Superior court of Allen county was established
by the legislative act of March 5, 1877. Immediately after
the court was established, Governor Williams appointed Allen
Zollars as Judge of the court until the first regular election
should select a successor. Judge Zollars resigned in 1877 in
favor of the first elected Judge, Robert Lowry. Judge LowTy
served until he was elected to Congress in 1882. James L.
Worden was appointed to succeed Lowry and held the office
until his death, June 2, 1884. Lindley M. Ninde served by
appointment from June to November, 1884, at which time
Samuel M. Hench was elected and ascended the bench. Augus-
tus A. Chapin was elected in 1886 and served until 1890, when
Charles M. Dawson succeeded him. Judge Dawson died in office
on October 4, 1899, and the Governor appointed William J.
Vesey to fill the unexpired term of nearly three years. Owen
N. Heaton went on the bench in November, 1902, and served
by re-election until November, 1914, when the present incum-
bent, Carl Yaple, assumed the office. Judge Yaple's term ex-
pires November 15, 1918.
CRIMINAL JUDGES AND PROSECUTORS.
The Allen Criminal court was established as the Twen-
tieth circuit by the legislative act of March 9, 1867, and was
abolished by the act of February 27, 1883. By the provisions
of the act abolishing the court, it was to expire by limitation
on October 31, 1884. James A. Fay was appointed by the
Governor, March 12, 1867, to serve until the first regular
election. The successors of Judge Fay served in the follow-
ing order (the dates are those on which they received their
The County Courts 551
commissions from the Governor) : James W. Borden, October
23, 1867; Joseph Brackenridge, October 24, 1870; James W.
Borden, October 22, 1874, and by re-election served until his
death, on April 26, 1882; Warren H. Withers, appointed
May 1, 1882, and served until November, 1882, election;
Samuel M. Hench, November, 1882-October 1, 1884. The
prosecutors of the Criminal court in Allen county during its
existence from 1867 to 1884 were as follow: Robert S. Tay-
lor, 1867; Edward O'Rourke, 1867-72; Joseph S. France,
1872-74 (died in July) ; Samuel M. Hench, 1874-81; William
S. O'Rourke, 1881-84. When the Criminal court was abol-
ished, October 1, 1884, all cases pending before the court at
that time were transferred to the Circuit court.
Bartholomew County.
Bartholomew county was organized out of Delaware and
Jackson counties by an act of the General Assembly, approved
January 8, 1821. At that time Bartholomew county included
the greater part of what is now Brown county. The locating
commissioners selected the present site of Columbus for the
county seat and its central location has made it the most
satisfactory site which could have been chosen. John Tipton,
later United States senator from Indiana, figures in an inter-
esting way in the founding of the county seat of Columbus.
Tipton donated thirty acres for the site and the commission-
ers, grateful for the generous donation, named the new county
seat Tiptona in his honor. This was done on February 15,
1821, but for some reason the commissioners at their next
meeting, March 20, rescinded their order of the previous
month and called the new town Columbus. This was done,
according to the most reliable report, on account of Tipton's
political views.
Immediately after the organization of the county, the
board of commissioners purchased from Luke Bonesteel, a
small double log house, which was to be used as a court house.
It was found that it was entirely too small for the purpose
intended and in November, 1821, arrangements were made to
build a new court house of brick, two stories high, forty feet
square and twenty-five feet high. The house purchased from
552 Courts and Lawyers of Indiana
Bonesteel was sold in 1824, and for several years the county
officials were installed in such quarters as could be obtained
at different places in the town. There were many delays in
the construction of the court house, but it was finally com-
pleted in September, 1831. In 1839, a new court house, built
of brick and with stone trimming, was constructed at a cost
of eight thousand five hundred dollars. This building stood
in the center of the present public square and, at the time of
its completion, was ample for the needs of the county. In
1870 the building was sold for three hundred and fifty dollars.
Shortly afterward, a contract was let for the construction of a
new building. This court house, when completed, cost ap-
proximately two hundred and twenty-five thousand dollars.
The building was dedicated December 29, 1874, and is still in
use.
The first term of the Circuit court in Bartholomew county
was held in the old log house owned by Luke Bonesteel, near
where the old county bridge afterward was located. Until
the court house on the public square was erected, court was
held in a room fitted up by Philip Sweetser at the tavern of
Thomas Hinkston and Newton Jones. Davis Floyd, a soldier
in the War for Independence, was the first President Judge.
He had been tried for complicity in the Burr conspiracy and
sent to jail for one hour, but had restored himself to public
confidence by a gallant service in the War of 1812. He presided
but one term (October, 1821), the Associate Judges presiding
in his absence, until the 15th day of July, 1822, when William
W. Wick, of Indianapolis, succeeded Judge Floyd as President
Judge.
Judge Wick was a man of fine literary and legal attain-
ments and, notwithstanding the fact that he was a politician,
made an acceptable Judge. He was a Judge, a member of
Congress, and filled many other oflfices with honor to himself
and satisfaction to the people. He died at Franklin. At the
March term, 1825, he was succeeded by B. F. Morris, of In-
dianapolis. Judge Morris was a ripe scholar, well grounded
in the elementary principles of the law and served with much
satisfaction to the bar and litigants until he resigned in 1834.
He was succeeded by Judge Wick, who, at the expiration of
The County Courts 553
his term, was succeeded by James Morrison, of Indianapolis.
Judge Morrison was pre-eminently qualified for the position.
After he retired from the bench, and even from the actual
practice of his profession, so highly was he esteemed as a
judge of law and for his unswerving integrity, that important
questions of law involving large interests, were frequently
submitted to him by both sides, and his opinions cheerfully
acquiesced in, thus avoiding the bitterness, delay and uncer-
tainty of litigation. He always declined to investigate for an
opinion favorable to the applicant, when applied to by but
one side, but contracted in advance for an investigation, the
fee being the same whether the opinion should be favorable or
unfavorable.
William J. Peaslee, of Shelbyville (1842-49), succeeded
Judge Morrison. Judge Peaslee was not "learned in the law,"
and gave indifferent satisfaction. He was succeeded by Will-
iam W. Wick, who was appointed on August 17, 1849, and
served until October 12, 1852, Alexander C. Downey suc-
ceeded Judge Wick. For a young lawyer. Judge Downey was
admirably equipped in all respects for the position. Owing to
inadequate salary, he resigned on August 1, 1858. and after-
wards served on the bench of the Supreme court -with dis-
tinguished ability. To fill the vacancy caused by the resigna-
tion of Judge Do\vney, Governor Willard appointed John W.
Spencer. Judge Spencer was not a good lawyer; he was
stolid, without sensibility. The celebrated Mewherter case
was tried before him. Execution against Mewherter for a
large amount had been returned "no property found," and
the plaintiff proceeded against him for execution against his
body, charging that he had a large sum of money which he
refused to apply in payment. Under the law, if the jury
found that he had money, giving the amount, it was the duty
of the court to imprison him until he disgorged. There is but
little doubt that Mewherter had a large sum of money, but he
was a desperate man, and before and during the trial he as-
sured his attorneys and others that the plaintiflf would not gain
anything but a dead body by a verdict against him. The jury
found that he had some thirteen thousand dollars. Imme-
diately upon reading the verdict, Mewherter drew a pistol and
554 Courts and Lawyers of Indiana
shot himself dead. Of course there was the most intense
excitement and confusion in court; not so, however, with
Judge Spencer; he calmly directed the sheriff to remove the
body, and called the next case for trial. It was not tried
that day. Joseph W. Chapman, of Madison, (1858-64) was
the next Judge. He was an able lawyer, but too technical for
a Judge, and at times testy. On the whole, however, he is
kindly remembered by the bar.
John G. Berkshire, of Versailles, succeeded Judge Chap-
man. When elected in 1864, Judge Berkshire was just start-
ing out as a lawyer, and, being an almost entire stranger to
the Columbus bar, then one of the ablest in the state, it was
greatly feared that he would not give satisfaction. In this,
however, the bar was most agreeably surprised, for no Judge
ever before or since gave more general satisfaction. Judge
Berkshire was well-grounded in the elementary principles of
the law; had a well-balanced, discriminating, legal mind, and,
above all, he was eminently fair and impartial. By a
change (May 5, 1869) Bartholomew county was placed in the
Twenty-eighth circuit, necessitating the appointment of a
Judge. Governor Baker appointed A. L. Robinson on May 18,
1869, and upon his resignation, August 25, 1869, the Governor
appointed Samuel P. Oyler. Judge Oyler made an acceptable
Judge and was succeeded by David D. Banta, of Franklin,
who during the short time (1870-73) he was on the bench in
this county was in very poor health and for that reason did
not appear to good advantage, although a ripe scholar and
good lawyer. During Judge Banta's term, by another change
(March 6, 1873) Bartholomew and Brown were made the
Ninth circuit, and Governor Hendricks appointed James S.
Hester, of Brown, who served under the appointment and sub-
sequent election until his death, July 28, 1879. Judge Hester
was a trained lawyer, and, until his health failed, was one of
the best Judges in the state.
Nathan T. Carr, of Columbus, was appointed on August 1,
1879, and at the next election was elected for a full term.
Judge Carr was not a well-read lawyer; he was a man of
bright, but not well-trained or balanced, intellect. Because
of his peculiar disposition he was arbitrary and apt to take
The County Courts 555
sides. Judge Carr was pre-eminently a jury lawyer. In poli-
tics he was bold, daring and aggressive, but too arbitrary and
self-willed for a successful politician. He was elected to Con-
gress to fill the vacancy caused by the death of M. C. Kerr, and
the memorable Hayes-Tilden controversy was adjusted during
the time he served. Almost alone, he stood out against a com-
promise, fighting it with great ability and bitterness. But
when adopted, and when it seemed to him that undue obstruc-
tions to its consummation were interposed, he reminded his
party colleagues that the compromise was the creature of their
own folly, as he termed it, and insisted that it be faithfully
carried out. His objection to the plan of adjustment after-
ward gave him high standing in his party, and but for his
domineering disposition, he would have been a successful
leader. Dying before his term expired (May, 1885) Governor
Porter, on the unanimous request of the bar of both counties,
appointed Nelson R. Keyes, of Columbus, and, although a
Democrat in politics, so highly was he esteemed that both
parties endorsed him for election, and he was elected with-
out opposition, and served with great satisfaction not only
to the bar but to the people until his death in the office on
January 18, 1892. He was a well-trained lawyer, fair and
impartial. Judge Keyes came from Kentucky to Columbus
when quite young, almost a stranger, and by his ability and
gentlemanly deportment soon built up a large practice. Pe-
cuniarily he made quite a sacrifice in abandoning the practice
for the bench.
Marshall Hacker was appointed January 20, 1892, to fill
the unexpired term of Judge Keyes, and was succeeded in
November of the same year by Francis T. Hord, who served
until 1904. During his tenui'e the act of February 28, 1899,
constituted Bartholomew and Decatur, the sole counties of the
Ninth circuit. Marshall Hacker was elected in November,
1904, for a six-year term and was followed in 1910 by Hugh
Wickens, the present incumbent.
Zachariah Tannehill was the first Judge of the Common
Pleas court upon its organization in 185.3. He was a farmer-
politician, not a lawyer, never having read law. He had a
copy of "Greenleaf on Evidence;" how or why he came by it
556 Courts and Lawyers of Indiana
no one ever knew certainly. It was suspected, however, that
a certain attorney gave it to him, for on all occasions he
read extracts from "Your Honor's own book," which, nine
times out of ten, were wholly irrelevant, but insisted, never-
theless, almost invariably, to the satisfaction of the court,
that the law as laid down by Greenleaf , covered the case under
consideration.
Judge Tannehill was succceeded in 1856 by N. T. Hauser,
an attorney of Columbus, who made an acceptable Judge.
Ralph Applewhite, an attorney of Brownstown, the next
Judge, was an educated lawyer and made a most excellent
Judge. Beattie McClelland, an attorney of Columbus, the
next incumbent, was well read in the elementary principles
of the law, and made an amiable, courteous Judge, giving
good satisfaction. He resigned on April 28, 1862, and was
succeeded by Jeptha D. New, an attorney of Vernon, a well-
equipped lawyer, painstaking and conscientious. Judge New
afterward served in Congress (1875-77) and was one of the
first Judges of the Appellate court, (1891-93). Frank Emer-
son, an attorney of Brownstown, was the last Judge of the
Commmon Pleas court, serving from 1867 to 1873. He was
a man of strong convictions and somewhat arbitrary.
ASSOCIATE JUDGES.
John Pence February 20, 1821.
Ephraim Arnold Februai-y 20, 1S21; died in July, 1822.
Thomas Hinkson September IS, 1S22, vice Ephraim Arnold, deceased.
Samuel Downing Resigned.
Nathan Davis September 9, ]S26, vice Samuel Downing, resigned.
Jesse Spurgeon August 17, 1827.
David Hager August 17, 1827.
James Taggart August 22, 1S34.
Hiram Wilson August 22, 1834.
Aaron Farmer August 1.5, 1836, vice James Taggart, to serve
seven years from February 20, 1835.
James N. Love August 22, 1837, to serve seven years from Feb-
ruary 20, 1835.
Samuel B. Kechom August 10, 1839, vice Hiram Wilson, resigned.
Joseph Hiner August 18, 1841, to serve seven years from Feb-
ruary 20, 1842.
Akin A. Wiles August 18, 1841, to serve seven years from Feb-
ruary 20, 1842.
The County Courts 557
Thomas Lawton August 21, 1S45, to serve seven years from Feb-
ruary 20, 1S42.
Jacob Jane August 19, 1S4S, to serve seven years from Feb-
ruary 20, 1S49.
George B. McQueen August 19, 1S4S, to serve seven years from Feb-
ruary 20, 1S49.
James Hobbs, Sr August 17, 1850, to serve seven years from Feb-
ruary 20, 1850; died March 4, 1851.
William Ruckle April 19, 1851, elected at special election to suc-
ceed James Hobbs, Sr., deceased.
PROBATE JUDGES.
Samuel M. Osborne August 15, lS29-May 24, 1830, resigned.
Evan Arnold Appointed May 24, lS30-September 8, 1830.
William Jone.s September 8, 1830-August 22, 1837.
Tunis Quick August 22, lS37-August 11, 1S40, resigned.
Henry B. Rowland August 11, lS40-August 17, 1847.
Matthias M. Hook August 17. lS47-October 12, 1852.
COMMON PLEAS JUDGES.
Zachariah Tanuehill 1852-56.
Nathaniel T. Hauser.-.lS56-60.
Ralph Applewhite 1860: resigned April 28. 1862.
Simon Stansifer Appointed April 28, lS62-Xovember 1, 1862.
Beattie McClelland — 1S62-G4.
Jephtha D. IS'ew 1S64-6S.
Frank Emerson 1SG8-73.
DISTRICT PROSECUTING ATTORNEYS.
Samuel H. KriddlebaughlS52-54, resigned.
Nathaniel F. Houser Appointed March 27, 1854.
Ralph Hill 1854-56, resigned.
George W. Yocom 1856-57, moved from county.
William Singleton Appointed February 24, 1857.
Francis T. Hord 1857-60.
Lyeurgus Irwin 1860-62. resigned.
Jeremiah Bundy Appointed January 17, 1802.
Jephtha D. New 1862-64.
William L. Bane 1864-65, resigned.
John M. Kerr Appointed August 25, 1865.
Marion Mooney 1865-66.
Newton Croke 1866-70.
Wilson S. Swengel 1870-72.
George W. Cooper 1872-73.
PRESIDENT JUDGES.
Davis Floyd February 12, lS21-December 31, 1821. The act of
December 31. 1821, took Bartholomew out of the
Second and put it in the Fifth.
558 Courts and Lawyers of Indiana
W. W. Wick Appointed February 7, lS22-January 20, 1S25; re-
signed.
Betliuel F. Morris Appointed January 20, 1825-December 4, 1S34; re-
signed.
W. W. Wicli Appointed December 4, 1S34- August 2, 1S39; re-
signed.
James Morrison Appointed August 2, lS39-August 15, 1842; re-
signed.
William Quarles Appointed August 15, 1842; returned commission
September 28, 1842.
Stephen Major Appointed September 28, 1842; declined to accept
commission.
Fabius M. Finch Appointed October 6, 1842-December 16, 1842.
William J. Peaslee December 16, 1842-September 17, 1849; resigned.
W. W. Wick Appointed September 17, 1849-October 12, 1852.
CIRCUIT JUDGES.
Alexander C. Downey—October 12, 1852; resigned August 1, 1858, to take
effect August 9. First circuit.
John W. Spencer Appointed August 9, lS58-October 26, 1858.
Joseph W. Chapman— October 26, 1858-October 26, 1864.
John G. Berkshire October 26, lS64-May 5, 1869. The act of May 5,
1869, placed Bartholomew in the Twenty-eighth.
Andrew L. Robinson Appointed May 18, 1869 ; resigned August 25, 1869.
Samuel P. Oyler Appointed August 25, 1869-October 24, 1870.
David D. Banta October 24, 1870-Mareh 6, 1873. The act of March
6. 1873, put Bartholomew in the Ninth.
James S. Hester Appointed March 15, 1873; died in office July 28,
1879.
Nathan T. Carr Appointed August 1. 1879; died in office in May,
1S8.5.
Nelson R. Keyes Appointed May 30, 1885; died in office January 16,
1892.
Marshall Hacker Appointed January 20, 1892 ;-NoTember 19, 1892.
Francis T. Hord November 19, lS92-November IS, 1904. The act of
February 28, 1899, constituted Bartholomew and
Decatur the Ninth, where they have since re-
mained.
Marshall Hacker November IS. 1904-November 19. 1910.
Hugh Wlckens November 19, 1910; term expires November 19,
1916.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, lS24-August 9, 1825. Fifth district.
Calvin Fletcher August 9, 1825- August 14, 1826.
James Whitcomb August 14. 1826-January 14, 1829.
W. W. Wick January 14. lS29-December 15. 1830; resigned.
The County Courts 559
Phillip Sweetzer Appoiuted December 15, ISSO-March 10, 1S31 ; re-
signed.
Hiram Brown Appointed March 10, lS31-December 12, 1S31.
Harvey Gregg December 12, lS31-April 11, 1833 ; resigned.
William Herod Appointed April 11, lS33-December 9, 1836; re-
signed.
William Quarles December 9, 1836- April 13, 1839; resigned.
William J. Peaslee April 13, 1839-January 29. 1841; resigned.
Hugh O'Neal January 20, 1841-January 29, 1843.
Abram A. Hammond Januai-y 29, lS43-January 29, 1S47.
Edward Lander..' Januai-y 29, 1847-January 29, 1849.
David S. Gooding August 27, 1851-October 12, 1852.
Robert P. Moore October 12, 1852; resigned March 1, 1854. First
circuit.
Daniel Kelso November 7, 1854-November 7. 1856.
Francis Adkinson November 7, 1856-November 7, 1858.
George W. Richardson.. November 7, 1858- November 7, 1862.
James M. Myers November 7, 1862; resigned June 16, 1864.
Benjamin F. Lewis Appointed June 16, 1864-November 1, 1865.
John A. Miller Appointed November 1, lS65-November 3, 1868.
John Denton November 3. 186S-May 5, 1869. The act of May 5,
1869, placed Bartholomew in the Twenty-eighth.
William P. Hargrave.-.Appointed May IS, 1869-August 23, 1869.
Daniel W. Howe Appointed August 23, lS69-October 24, 1870.
Nathan T. Carr October 24. 1870-June 25, 1872; resigned.
John W. Morgan Appointed June 25, 1872-March 6. 1873. The act
of March 6, 1873, placed Bartholomew in the
Ninth.
George W. Cooper Appointed March 15, 1873-October 22, 1873.
Amos Burns October 22, 1873-October 22, 1875.
William W. Browning— October 22. 1875-October 22, 1877.
Wilson S. Swengle October 22, 1877-October 22, 1879.
Washington C. Duncan. October 22. 1879-October 2, 1881.
Webster Dixon October 22, 1881-October 22, 1885.
Anderson Percifield October 22. lS8o-October 22, 1889.
W. H. Everroad October 22, 1889-October 22, 1891.
W'illiam M. Waltman... October 22. 1891-October 22, 1895.
William H. Shea October 22, 1895-November 17, 1898.
John L. Davis November 17, 1898-January 1, 1901.
Thomas L. Creath January 1. 1901-January 1, 1903.
John W. Craig January 1, 1903-January 1, 1907.
Albert W. Phillipsl January 1, 1907-January 1, 1909.
William V. O'Donnell... January 1, 1909-January 1, 1911.
Ralph H. Spaugh January 1. 1911-January 1. 1913.
Lewis A. Harding January 1. 1913; term expires January 1, 1917.
560 Courts and Lawyers of Indiana
Benton County.
Benton county was organized by the Legislature, January
4, 1840, and the act became effective on the 18th of the fol-
lowing month. The act organizing the county did not, for
some reason, name commissioners to locate the county seat,
although the act ordered the first court to be held at the house
of Basil Justus. His home was a short distance south of the
present town of Oxford and here the courts were held for
the first three years. It was not until January 31, 1843, that
the Legislature passed an act providing for the location of the
county seat. This same act ordered the locating commission-
ers to meet on the third Monday in May, 1843, at the house
of Basil Justus and proceed to examine the various sites
offered for the county seat. They finally chose a site on sec-
tion 18, township 34, range 7, on land donated by Henry W.
Ellsworth and David Watkinson.
In September, 1843, the county commissioners ordered a
court house erected at the new county seat "in the town of
Milroy." The town was named Milroy in honor of Samuel
Milroy, one of the locating commissioners, but, it being sub-
sequently learned that there was already another town of
that name in the state, the board of commissioners at the
October session of 1843 "ordered that the seat of justice in
Benton county be called Oxford." The entry in the order
book shows, however, that in entering this order, the name
had first been written Hartford, and that at a subsequent
time, and with ink of a different color from that in which the
first order was made, the name Hartford had been marked
out, and the name Oxford inserted. Just when this change
was made has not been ascertained. Thirty years were to
elapse before the bitter Oxford-Fowler county-seat fight
formally opened. Fowler had been laid out in 1871 for the
ostensible purpose of making a bid for the county seat. It
was, of course, a mistake to put the first county seat as far
south as Oxford, the town being three miles from the southern
boundary of the county. At the time it was chosen, nearly
the whole population was in the southern part of the county,
but by 1873 the county was well settled, and there was a de-
mand for a more central location. The immediate cause of the
The County Courts 561
opening- of hostilities was the condemnation of the court house
at Oxford. An architect reported on March 20, 1873, that the
building was beyond repair, and at once the Fowler people
planned a campaign to secure the county seat. They saw that
if a new court house should be built at Oxford that they would
have to wait for many years before another opportunity pre-
sented itself. Accordingly, they opened a vigorous fight,
which was marked by injunctions, lawsuits, mandamuses,
petitions and counter petitions. The commissioners first
ordered the new court house built at Oxford, but when the
smoke of battle cleared away, it was seen quietly resting in
the town of Fowler. The formal transfer appears to have
been made on July 10, 1874. Thus ended a fight which left
a bitter feeling between the two rival to\vns which has not yet
died down.
The first term of court in Benton county was held at the
house of Basil Justus, November 4, 1840, with Isaac A. Naylor
as President Judge and David McConnell and Matthew Ter-
willinger as Associate Judges. At this first session, Joseph E.
McDonald, later United States senator, was appointed prose-
cuting attorney. The county was slow in filling up and for
the fii'st five years court was held at private houses, most of
the sessions being held at the house of Basil Justus. It was
not until 1845 that the court met for the first time in the
newly constructed court house at Oxford.
Isaac A. Naylor was the only President Judge to preside
over the circuit which included Benton county and he served
the full twelve years from 1840 to 1852, at which time the
office was abolished. The Circuit Judges from 1852 to the
present time are as follows: William P. Bryant, 1852-4;
John Pettit, 1854-56 ; Charles H. Test, 1856-70 ; David P. Vin-
ton, 1870-72; Edwin P. Hammond, 1872-83; Peter H. Ward,
1883-90; Edward P. Hammond, 1890-92; U. Z. Wiley, 1892-
97 ; Simon P. Thompson, 1897-99 ; Joseph M. Rabb, 1899-1906 ;
James T. Saunderson, 1906-12; Barton B. Berry, 1912— term
will expire November 15, 1918.
The Associate Judges during the twelve years the county
existed under the old constitution were six in number, namely:
562 Courts and Lawyers of Indiana
David McConnell and Matthew Terwillinger, 1841-44; Basil
Justus and John Sheets, 1S44-50; Harvej^ H. Crawford and
John McConnell, 1850-52. Two Probate Judges served in
Benton county: Samuel McConnell, 1840-47; and William
Cochran, 1847-52. During the twenty-one years the Common
Pleas court was in existence, five judges served on the bench
in Benton county, but only one, Daniel Mills, resided in Ben-
ton county. He was the first Common Pleas Judge, the other
four serving in the following order: William R. Boyer, G. A.
Wood, David P. Vinton and Alfred Reed.
ASSOCIATE JUDGES.
David McConnell July 1. 1S40; resigned July, 1S43.
-Mntthew Terwillinger-.July 1, 1S40; died in Xovember, 1843.
Lewis B. Williams October 3, 1843 (special election), to serve seven
years from July 1, 1840, vice Davicl McConnell,
resigned.
John McConnell January 24. 1S44 (special election), to serve seven
years from July 1, 184n, vice Matthew Terwillinger,
deceased.
Basil Justus .\usust 11, 1840. to serve seven years from July 1,
1847; resigned March 17, 1851.
John Sheets .\iigust 11. 1846, to serve seven years from July 1.
1847; resigned March 17, 1851.
Harvey H. Crawford. .May 5, 1851 (special election).
John McConnell Alay 5. 1851 (si>ecial election).
PROBATE JUDGES.
Samuel McConnell August 27. 1840.
William Cochran September 21. 1847, to serve seven years from July
1, 1847.
COMMON PLEAS JUDGES.
Daniel Mills 1852-50.
William R. Boyer I8."i0-C0.
Gustavus A. Wood 186(i-Gl, resigned.
David P. Vinton Appointed July 1, 1861-67.
Alfred Reed Aiipointed March 12. lS67-Xovember 4. 1867.
B. F. Schermerhorn 1807-69.
Alfred Reed i_..lS60-72.
DISTRICT PROSECUTING ATTORNEYS.
James R. M. Bryant— 18.52-56.
William H. Thompson. 1856-57. resigned.
Henry M. Xourse Aiipointed August 13, 1857-60.
Lewis C. Pierce 1860-64.
The County Courts 563
Wm. DeWitt Wallace— .1S&4-67, resigned.
Levi M. Graham Apiioiiited March 25, 1S67.
Alfred W. Reynolds.. .1807-70.
Thomas L. Merrick 1870-72.
William E. Uhl 1872-73.
PRESIDENT JUDGES.
When Benton county was organized, it was attached to
the First circuit and no change was made in its circuiting
until 1852. Isaac Naylor had been commissioned Judge of
the First circuit, January 27, 1838, and was the Judge when
Benton county began its formal career on February 18, 1840.
Judge Naylor continued on the bench of the First circuit until
the adoption of the new Constitution, October 12, 1852.
CIRCUIT JUDGES.
William P. Bryant October 12, 1852-Pebruary 9, 1855. Eighth circuit.
The act of February 9, 1855, took Benton out of
the Eighth and put in in the Twelfth. ■
John I'ettit Appointed March 5, 1S55 ; resigned October 7, 1855.
David Turpie Appointed October 7, 1855-November 9, 1855.
Andrew Ingram November 9, 1855; resigned April 11, 1857.
John Pettit Appointed April 13, 1857-October 27, 1857.
Charles H. Test October 27, 1857-October 24, 1870.
David P. Vinton October 2-t, lS70-March 6, 1873. The act of March
6, 1S73, put Benton in the Thirtieth.
Edwin P. Hammond— Appointed in March, 1873-May 21, 1SS3, resigned.
Peter H. Ward Appointed May 21, 18S3-November 14, 1890.
Edwin P. Hammond— -November 14, lS90-August, 1892, resigned.
U. Z. Wiley Appointed August 31, 1892; resigned October 12,
1896.
William Darroch Appointed October 13, 1896-November 10, 1896.
Simon P. Thompson__-November 10, 1896-February 24, 1899. The act of
February 24, 1899, put. Benton in the Twenty-flrst.
Joseph M. Rabb February 24, 1899-November 15, 1906. Judge Rabb
had been on the bench of the Twenty-first since
November 15, 1882. The act of March 3, 1905, con-
stituted Benton and Warren the Twenty-first,
where they have since remained.
James T. Saunderson—Novemb^r 15, 190C-November 15, 1912.
P.aiton B. Kerry November 15, 1912 ; term expires! November 15,1918.
PROSECUTING ATTORNEYS.
Samuel C. Willson December 5, 1839- September 4, 1843, resigned. First
circuit.
Joseph E. McDonald— September 4, 1843-September 19, 1847.
564 Courts and Lawyers of Indiana
Lewis Wallace August 18, 1851-October 12, 1852.
Lewis Wallace October 12, 1852-May 14, 1853, resigned. Eighth
circuit.
Daniel W. Voorhees— Appointed May 14, 1853; resigned July 24, 1854.
Samuel L. Telford Appointed July 24, lS53-November 7, 1854.
Charles A. Naylor November 7, 1854-October 30, 1856. The act of Feb-
ruary 9, 1855, put Benton in the Twelfth and
transferred Naylor with it.
John L. Miller October 30, l,S56-November 3, 1862.
William D. Lee November 3, 1862-November 3, 1864.
Frank B. Everett November 3, 1864-November 3, 1868.
James M. Justice November 3. 186S-November 3, 1870.
Frank B. Everett November 3, 1870-November 3, 1872.
Simon P. Thompson.-. November 3, lS72-November 3, 1876. The act of
March 6, 1873, put Benton in the Thirtieth and
transferred Thompson with it.
Henry S. Travis November 3, 1876-November 3, 1878.
Frank W. Babcock November 3, 187S-November 3. 1880.
David L. Bishop November 3, 1880-November 17. 1882.
Matbew H. Walker-_-November 17, 1882-November 17, 1886.
Ralph W. Marshall November 17, 1886-November 17, 1890.
John T. Brown November 17, 1890-November 17, 18&4.
T. C. Annabel November 17, 1894; died in office March, 1895.
James W. Douthit Appointed March 30, lS9o-November 17, 1896.
Albert E. Chizum November 17, 1896- February 24. 1899. The act of
February 24, 1899, put Benton in the Twenty-first.
James W. Brissey February 24, 1899-January 1, 1901.
Clyde H. Wyand January 1, 1901; resigned April 16, 1902.
Omer B. Ratcliff January 1, 1903-January 1, 1907. There is no rec-
ord of a prosecutor apiwinted to fill the interval
between April 16, 1902, and January jL, 1903.
E. Grant Hall January 1, 1907-Jauuary 1, 1909.
John J. Hall January 1, 1909-Januaiiy 1, 1913.
Carl E. McHaffey January 1, 1913; term expires January 1, 1917.
BLACKFORD COUNTY.
Blackford county was organized by an act of the Legisla-
ture, approved February 15, 1838, but the county experienced
considerable difficulty in getting started. It was cut off from
Jay county, the latter county willingly relinquishing the terri-
tory because, as one old settler of Jay county said, "It was
a big swamp, anyhow." This fact may account for
the difficulty the county had in getting its organization
perfected. In fact, it took two separate acts of the Legislature
The County Courts 565
to get the county itself on the map. The first act, of February
15, 1838, intended that it should be ready to open for business
on the first Monday of April, 1838. Commissioners were
named to locate the county seat, but nothing seems to have
been done. The next year (January 29, 1838) the Legislature
passed a second act, again authorizing the establishment of the
county. A second set of commissioners was named to locate
a county seat, the act ordering them to meet for this purpose
on the second Monday of the following month. When this
second commission reported, and what site it selected, has
not been ascertained, but it must have been unsatisfactory,
since the following Legislature (February 24, 1840) ap-
pointed a third set of commissioners to locate a county seat for
Blackford county. However, it was provided in this act that
it should not take effect "unless a majority of the legal voters
of Blackford county, on the first Monday in August, shall vote
for a relocation of the said county seat of Blackford county."
It is very evident that the friends of relocation lost out, be-
cause the following year the Legislature was importuned for
the fourth time to pass an act providing for the relocation
of a county seat. The fourth set of locating commissioners
was appointed by the act of February 4, 1841, but they do not
appear to have changed the former location. It seems certain
that the second set of locating commissioners selected the
present site of Hartford City. The town was at first called
Hartford, but shortly afterward it was changed to Hartford
City at the suggestion of F. L. Shelton.
The first term of the Circuit court of Blackford county was
held at the house of Andrew Boggs on Monday, September 23,
1839, before Judge David Kilgore, who was assisted in his
duties by Associate Judges Andrew Boggs and Henry Stewart.
John Brownlee, of Marion, was the prosecuting attorney at
this first session of the court of the county.
At the first term of the court, Jehu T. Elliott, of New
Castle, who, twenty-five years later, served as a Judge on
the Supreme bench of Indiana ; Andrew Kennedy, who served
in the twenty-seventh, twenty-eighth and twenty-ninth ses-
sions of Congress ; John Marshall, Jacob C. Julian, afterward
a well-known attorney at Indianapolis; Joseph Anthony and
566 Courts and Lawyers of Indiana
Moses Jenkinson, of Ft. Wayne, were admitted to practice
law.
In May, 1846, Jeremiah Smith, of Winchester, succeeded
David Kilgore as President Judge of the Eleventh circuit,
receiving a commission for a term of seven years from Janu-
ary 30, 1846. The retiring Judge, who was familiarly knowTi
at the time as the "Delaware Chief," was a prominent citizen
of the state. In 1848 he was the Whig candidate for Congress
from the Tenth district, but was defeated by Andrew J. Har-
lan. In 1856 and 1858, Judge Kilgore was elected to Congress
as a Republican from the Fifth district. After Judge Smith's
term expired in 1852, he was succeeded by Joseph Anthony,
who served until 1858. Joseph S. Buckles followed Anthony
in 1858 and served until 1870, when Silas Colgrove, of Win-
chester, became Circuit Judge, serving until 1873, when a cir-
cuit was formed of Blackford, Grant and Huntington counties.
James R. Slack, of Huntington, served as Judge of this circuit
from 1873 until his death in 1881, when Governor Porter
appointed Henry B. Sayler, of Huntington, as Slack's suc-
cessor. In 1882, Judge Sayler was elected for a full term. The
Legislature of 1885 organized Grant and Blackford counties
as the Forty-eighth circuit, and William H. Carroll, of Hart-
ford City, was appointed Judge by Governor Gray. At the
election in November, 1886, R. T. St. John was elected Judge
and in 1892 he was succeeded by J. L. Custer. The Legisla-
ture of 1893 made Blackford and Wells counties the Twenty-
eighth circuit, and for a few weeks J. S. Dailey, of Bluffton,
occupied the bench. Resigning in July of that year, he was
succeeded by Edwin C. Vaughn, who served until 1906, when
he was succeeded by Charles E. Sturgis, of Bluffton. The
present Judge is William H. Eichhorn, who succeeded Judge
Sturgiss in 1912. Judge Eichhorn is a resident of Bluffton.
His term will expire November 17, 1918.
The first practicing lawyers in Blackford county were
Joseph S. Buckles, George S. Howell and Edward G. Carroll.
Buckles came from Muncie and while practicing law also
served as deputy auditor, clerk and recorder. He did not
remain in Hartford City long, but returned to Muncie, where,
for many years he was one of the leading attorneys. He was
The County Courts 567
originally a Democrat, but became a Republican during the
early part of the Civil War. Howell succeeded Buckles as
Judge of the Circuit court of Blackford county.
George S. Howell came to Hartford City in 1840 and en-
gaged in the practice of law. He was elected to the Legisla-
ture in 1848, 1852 and 1862. He was elected treasurer of
Blackford county in 1870. In 1875 he passed away at the age
of sixty years. Judge Howell was a lifelong Democrat.
Wellington Stewart, who was a successful practitioner at
the Blackford county bar for many years, served as prosecut-
ing attorney of the Circuit court and also as county auditor.
In 1851 he moved to Nevada. Andrew J. Neff, another lawyer
of the early days, was elected to the Legislature in 1856. Soon
after the expiration of his tei'm moved to Winchester, where
he enlisted in the army, serving two years in the Eighty-fourth
Indiana Volunteer Infantry, being promoted during that time
from first lieutenant to colonel of the regiment.
Abraham B. Jetmore, who came from Delaware county
to Hartford City in 1859, was onlj^ twenty-two years old at
the time. After remaining here for some time, he moved to
Missouri in 1871, and a few years later to Topeka, Kansas,
where he has been a very successful lawyer.
William A. Bonham, who was admitted to the bar of the
Blackford Circuit court in 1860, was recognized as one of
the leading attorneys of the county for many years. He was
state senator from Blackford and Delaware counties from
1864 to 1868, and in 1876 was the Republican candidate for
Congress in the Twelfth district.
Jacob T. Wells, who was born in 1832 in Guernsey county,
Ohio, received his education in the district schools, at Liber
College, and at Asbury (now DePauw) University. He taught
school for a time and in 1861 enlisted in Company B, Thirty-
fourth Regiment, Indiana Volunteer Infantry. After studying
law in the office of W. A. Bonham, he began the practice in
1867. He moved to Missouri in 1872, but later returned to
Hartford City and, in the fall of 1876, moved to Peru, where
he died the following summer.
George W. Steele, for many years a well-known lawyer
and congressman from the Eleventh district for several terms,
568 Courts and Lawyers of Indiana
opened a law office in Hartford City in 1861. At the begin-
ning of the Civil War, he enlisted in the Twelfth Indiana
Regiment and later in the One Hundred and First Regiment.
ASSOCIATE JUDGES.
Andrew Boggs August 20, 1S39; resigned August, 1839.
Henry Stewart August 20, 1839; resigned June, 1841.
James Havens October 12, 1839; resigned June, 1841.
John Cave August 21, 1841, to serve seven years from August
20, 1839, vice Henry Stewart, resigned.
John Beal August 17, 1846. to serve seven years from August
20, 1839, vice Henry Stewart, resigned.
John Beal August 21, 1841, to serve seven years from August
20, 1846.
John Wandle August 17, 1846, to serve seven years from August
20, 1846 ; removed from county. March, 1847.
William Cartwright May 11, 1847 (special election), to serve seven
years from August 20, 1846, vice John Wandle,
resigned.
PROBATE .JUDGES.
There were only three Probate Judges from the time of
the organization of the county, February 18, 1839, until the
time of the adoption of the new Constitution, October 12,
1852. William Hadden was elected, August 16, 1839, and
served until the 7th of the following October, when Isaac
Spaulding ascended the bench. He occupied the office until
September 6, 1847, when he was succeeded by Lewis Bailey,
who held the office until October 12, 1852.
COMMON PLEAS JUDGES.
Walter March 1852-50.
Henry S. Kelley 1856-60.
Jacob M. Haynes 1860-71, resigned.
John J. Cheney Appointed November 22, 1871-73.
DISTRICT PROSECUTING ATTORNEYS.
William Brotherton 1852-.54.
Henry S. Kelley lSo4-.56.
R. T. St. John lS.56-.58.
John D. Chipman 1858-60.
T. J. Hosford 1860-62.
Enos L. Watson 1862-64.
John T. Hawkins 1864-66.
Arthur C. Mellett 1866-68.
Philip A. B. Kennedy..l868-72.
William H. Lewis 1872-73.
The County Courts 569
PRESIDENT JUDGES.
At the time of its organization in 1839, Blackford county
was put in the Eleventh circuit. Morrison Rulon had been
commissioned Judge of this circuit on January 30, 1839, but
failed to qualify, and on the 1st of the following March,
David Kilgore was commissioned Judge and served until Janu-
ary 30, 1846. He was succeeded on that date by Jeremiah
Smith, who served until the new Constitution went into opera-
tion on October 12, 1852.
CIRCUIT JUDGES.
Joseph Anthouy October 12, 1852-Octobei- 20. 1S5S. Seventh circuit.
Joseph S. Buckles October 26. Is.iiS-Fehninry 11, 1SG7. The act of
February 11. 1867. put Blackford iu the Thirteenth.
SOasi ColgBove February 11, lS67-Xovember 23. 1871. Judge Col-
grove had been on the bench of the Thirteenth
since January 2, 1865.
Jacob M. Hayues November 23, 1871-March 6. 1873. The act of
March 6. 1873, put Blackford in the Twenty-ei.L'hth.
James K. Slack Appointed April 1. 1873-August 15. 1881 (died in
office).
Henry B. Sayler .^iipointed August 15, 1881-March 3. 1885. The act
of March 3, 1865, put Blackford in the Forty-
eighth.
William H. Carroll Appointed March 12, 18S.5-November 15, 1886.
Robert T. St. John November 15. 1886-November 15, 1892.
Joseph L. Custer November 15, 1802-March 4, 1893. The act of
March 4. 1893, put Blackford in the Twenty-eighth
with Wells, where it has since remained.
Joseph S. Dailey March 4. 1893-resigned July 24. 1S93. Judge
Dailey had been on the bench of the Twenty-eighth
since November 17, 1888.
Edwin C. Vaughn .\ppointed July 24. 18n3-November 17, 1906.
Charles E. Sturgis November 17, ino6-November 17, 1012.
William H. Eichhorn November 17, 1912: term expires November 17,
1918.
PROSECUTING ATTORNEYS.
Jehu T. Elliott February 18, 1839-August 20. 1839; resigned. Elev-
enth circuit.
John Brownlee Appointed August 20, 1839-December 5. 1839.
Jeremiah Smith December 5. 18,39-December 15. 1841.
John M. Wallace December 15. 1.841-November 14, 1843 ; resigned.
John Davis November 14. 1843-September 7, 1846.
Joseph B. Buckles September 7, 1840-September 7, 1848.
T^lilliam Carver .Appointed August 20, l,S.51-October 12, 1852.
570 Courts and Lawyers of Indiana
Silas Colgrove October 12, lSa2-Xovember 7, 1854. Seventli cir-
cuit.
Elijah B. Martinclale.-Xoveiiiber 7, 1854; resigned February 16, 1855,
upon being transferred to Thirteenth.
Andrew J. Neff Appointed March 5, ISoo-Xovember 9, 18.55.
William Brotherton November 9, 18o5-Xoyember 12, 1857.
David Nation November 12, lS57-October 31, 1859.
David Moss October 31. 1859-November 12, 1861.
John A. Harrison November 12. 1861-November 12, 1865.
Lemuel G. Gooding November 12, lS6o-February 11, 1867. The act of
February 11, 1867, put Blackford in the Thirteenth.
James N. Templer February 11, 'l867-November 23, 1867.
Daniel M. Bradbury— November 23, 1867-Ootober 24, 1870.
Elisha B. Reynolds October 24, lS70-Oetober 21, 1872.
Daniel W. Comstock.._Oetober 21, lS72-March 6, 1873. The act of March
6, 1873, put Blaclvford in the Twenty-eighth.
John W. Morgan Appointed March 6, lS7.3-October 28, 1873.
Alfred Moore October 28, lS73-October 28, 1877,
Asbury E. Steele October 28, 1877-October 28, 1879.
Charles W. Watkins.-.October 28, lS79-October 28, 1883.
George W. Gibson Octolier 28. lS&3-March 3, 1885. The act of March
3, 1885, put Blackford in the Twenty-eighth.
Sidney W. Cantwell March 3, lSS5-October 28, 1889.
Charles M. Ratlitf October 28, 1889-March 4, 1893. The act of March
4, 1893. put Blackford in the Twenty-eighth with
Wells, where it has since remained.
J. A. Hindman Appointed March 8, lS93-November 17, 1896.
Aaron M. Waltz November 17, lS96-January 1, 1901.
John Burns January 1, 1901-January 1, 1905.
Ashley G. Ernshwiller-_January 1, 1905-January 1, 1909.
Ethan W. Secrest January 1, 1909-January 1, 1913.
Lee F. Sprague January 1, 1913; term expires January 1, 1917,
BooJiE County.
Boone county was organized by the legislative act of
February 10, 1831, the act becoming effective on the 1st
of the following April. The first county seat of Boone county
was at Jamestown, where the house of John Galvin served as
a temporary court house for a part of the first year. Thorn-
town was also a temporary county seat while the first court
house was in process of construction at Lebanon. It is evi-
dent from the records, however, that Jamestown was really
considered the county seat, as evidenced from the legislative
act of January 26, 1832, which provided for commissioners
570 Courts and Lawykss of Indiana
Silas Colgrove-.. ..Xovoiuber 7, 1854. Seventh eir-
Elijah B. M:-- - "l ; resigned February 16, 1855,
- ^liiiisferred to Thirteenth.
Andrew .!. : .Mi,r<-li 5. lS55-\ovember 9, 1855.
^Villiii:, : ;i. 1 s.1.5-\ovember 12, lSo7.
I- > 12. ISoV-October 31, 1859.
I' :. is.^>!»- November 12, 1861.
l:i. i>*n -November 12, 3865.
12. is*J5-February 11, 1867. The act of
;. 1SU7, pnt Blackford in the Thirteenth,
•'^•u- November 23, 1867.
•7-October 24, 1870.
' >otober 21. 1872.
yn::,.- ,,. ,,,. ■.>!.. ,,,.._ ,, , -.rj-March 6, 1873. The act of March
S, i*<73 put Blackford in the Twenty-eighth.
John W. Morgan Aftii^i'i^efl March 6, lS73-Oclober 28, 1873.
Mfred Moore Ctrt.->ber 28, 1873-Octolier 28, 1877.
Asbury E. Steele Ocf.ober 28, 1877-October 28. 1879.
Charles W. Watkins_-..October 28, 1879-October 28, 1883.
Georsre W. Gibson October 28. lSS3-March 3, 1885. The act of March
3, 1885, put Blaclcford in the Twenty-eighth.
Sidney W. Cantwell March 3, 18S5-October 28, 1SS9.
Charles .M. Ratliff October 28. 18S9-March 4, 1893. The act of March
4. 1893. put Blackford in the Twenty-eighth with
Wells, where it has since remained.
J. A. Hindman Appointed March 8, 1893-Novemher 17, 1896.
Aiirnn M. Waltz November 17, lS96-January 1, 1901.
John Burns January ], 1901-Jauuary 1. lf»i>5.
Ashley G. Ernsh«iller__ January 1, 1905-January i. M*K>.
Kthau W. Secrest January 1, 1909-JanuMry t. ]9ar,
I..ee F. Si)rague January 1, 1913; terra expires ,f..ij.!;.iy l, 1917.
Boo^E County.
Boone county was organized by the legislative act of
February 10, 1831, the act becoming effective on the 1st
of the following April. The first county seat of Boone county
was at Jamestown, where the house of John Galvin served as
a temporary court house for a part of the first ye.ar. Thorn-
town was also a temporary county seat while the first court
house was in process of construction at I^ebanon. It is evi-
dent from the records, however, that Jamestown was really
considered the county seat, as evidenced from the legislative
rt'-i- ■*' "■.rrir'- '?■' 1832, which provided for commissioners
The County Courts 571
to relocate the seat of justice. This commission was ordered
to choose a site within two miles of the center of the county
and, until the proper buildings were erected at the future
county seat, the courts were to hold their sessions at the home
of John Galvin at Jamestown, "and at such other places in
said county as said courts may think proper." The court
house was first ready for occupancy in the fall of 1833.
The first session of the Circuit court of Boone county was
held at the home of John Galvin in Jamestown, in April, 1832,
with Bethuel F. Morris as the Presiding Judge and William
Kenworthy and Jacob Johns as the Associate Judges. The
first prosecuting attorney was Harvey Gregg. The second
session of the court was held at Thorntown, October 18, 1832,
at the house of Cornelius Westfall. The third session was
held at the house of Rev. Abner H. Longley in the spring of
1833. The next session, the fourth, met at the new log court
house.
Upon its organization, Boone county became a part of the
Fifth judicial circuit, with Marion, Hendricks, Morgan, John-
son, Bartholomew, Shelby, Hancock, Madison and Hamilton
counties. Grant county was later added to the Fifth circuit.
By an act of March 4, 1852, Boone county was detached from
the Fifth circuit and attached to the First circuit, but, after
the adoption of the new Constitution, the act of June 17, 1852,
made it a part of the Eighth circuit, which included, besides
Boone county, Parke, Vermillion, Montgomery, Fountain,
Warren, Benton, Tippecanoe, Clinton and Jasper counties.
The circuit remained practically unchanged until an act, ap-
proved March 6, 1873, organized Boone and Clinton counties
as the Twentieth circuit. In 1883 Clinton county was taken
out of the circuit and Boone county has since remained the
sole county in the Twentieth circuit.
The first Judge of the Boone Circuit court was Bethuel
F. Morris, of Indianapolis, who served until he resigned in
December, 1834. William W. Wick, of Indianapolis, was ap-
pointed December 4, 1834, and served continuously until his
resignation in 1839. James Morrison, of Indianapolis, was
appointed to fill the vacancy caused by the resignation of
Judge Wick. Judge Morrison was succeeded by William J.
572 Courts and Lawyers of Indiana
Peaslee, of Shelby ville, in December, 1842, and served until
1849, when Judge Wick again took his place on the bench.
Judge Wick served until 1852, when he was succeeded by
Isaac Naylor, of Crawfordsville. The act of March 4, 1852,
placed Boone in the First circuit, over which Judge Naylor
was at that time presiding. William P. Bryant, the first
Judge under the new Constitution, was succeeded on the bench
of the Boone Circuit court in 1858 by John M. Cowan, of
Frankfort, who served until 1870 and was then succeeded by
Thomas F. Davidson, of Covington. Judge Davidson was suc-
ceeded on the bench by Judge Truman H. Palmer, of Frank-
fort, when the act of March 6, 1873, placed Boone in the
Twentieth Circuit. Judge Palmer was appointed March 12,
1873, and served by election until 1879.
Thomas J. Terhune, who followed Judge Palmer in 1879,
was born in Greene county, Indiana, March 8, 1848, and re-
ceived his primary education in the free schools and with
other young men of the neighborhood, by special instructions
from Jesse Hanna, a graduate of Asbury (now DePauw) Uni-
versity. He entered Indiana University in 1869 and grad-
uated from the academic department in 1873 and from the
law department in 1874. The same year he located at Leba-
non as a partner of A. J. Boone and R. W. Harrison, later
becoming a partner of John W. Clemens. Terhune won fame
by the prosecution for the disbarment of W. B. Walls, a
hard-fought case, which was appealed to the Supreme court
of Indiana (64 Ind. 462). Terhune won every point. This
was largely the cause of his election to the office of Circuit
Judge in 1878. Judge Terhune was re-elected in 1884 and
served until 1888, when he resigned and formed a partner-
ship with Barton S. Higgins. After the resignation of Judge
Terhune in 1888, he was succeeded by J. A. Abbott, who
served the remainder of his term. Judge Abbott was suc-
ceeded in 1890 by the late Judge Stephen Neal. Judge Neal
was born June 11, 1817, in Pennsylvania county, Virginia,
and was the son of John Neal, who immigrated to the state
of Kentucky in 1819. In the Academy of Moorefield, Judge
Neal studied Latin and Greek, and later read law in the office
of Hon. Joseph G. Marshall at Madison. He was admitted
The County Courts 573
to the practice at Carlisle, Kentucky, in 1841 and, in 1843,
located at Lebanon, where he remained until his death. In
1846 he was elected a representative from Boone county to
the Legislature, and in 1847 was re-elected. During the ses-
sion of the 1847 Legislature, he secured the passage of a bill
forbidding the granting of legislative divorces. This provi-
sion was inserted in the Constitution of 1850. Judge Neal
was a Jeffersonian Democrat and enjoys the distinction of
being the author of the fourteenth amendment to the Consti-
tution of the United States. In April, 1866, he formulated
this amendment and forwarded it to the Hon. Godlove S. Orth,
then a member of Congress from Indiana. Judge Neal died
a few years ago at a very ripe age.
When Judge Neal retired from the bench in 1896, he was
succeeded by the venerable Barton S. Higgins, who served
until 1902. Judge Higgins was succeeded by Samuel R. Art-
man, who served until 1908, when Judge Willet H. Parr, the
present incumbent, was elected. Judge Parr was re-elected to
a second term in 1914.
The Boone county Probate court was first held at the home
of David Hoover, November 4, 1830, and court was held there
until 1833, when it was held at Lebanon.
The present Governor of Indiana, Samuel M. Ralston, re-
sided at Lebanon at the time of his election to the office of
Governor in 1912.
ASSOCIATE JUDGES.
William Keuwortby April 9, 1832 ; resigned June 12, 1835.
Jacob Johns April 9. 1832.
Stephen Sims April 11, 1835, to serve seven years from April 9,
1832.
Samuel Cason .\ugnst 17. 183G. vice Stephen Sims (removed from
county), to hold seven years from April 9, 1832.
Samuel Cason August 23, 1838, to serve seven years from April 9,
1839.
Samuel Dooley August 23, 1838, to serve seven years from April 9,
1839.
Noah L. Pitzer August 21, 1845, to serve seven years from April 9,
1846.
Samuel Cason August 21, 1845, to serve seven years from April 9,
1846.
574 Courts and Lawyers of Indiana
PROBATE JUDGES.
William Rodman September S, 1S30; resigned June 12, 1S35.
Cornelius Westfall August 11, 1835.
Samuel JlcClain August 17, 1836, vice Cornelius Westfall, resigned.
Lueien P. Ferry October 5, 1836.
Seaman Buckles .August 18, 1S43.
William iMcDaniel May 7, 1844, vice Buckles, resigned.
Jonathan H. Rose .\ugust 19, 1844.
William McDaniel December 31, 1S44, vice Jonathan H. Rose, removed
from county.
Samuel McLean August 21, 184.5. to serve seven years from Septem-
ber 8, 1844.
James A. Thompson .-Vugust 22, 18.51, to serve seven years from Septem-
ber 8, 1851.
COMMON PLEAS JUDGES.
Lorenzo C. Dougherty-_1S52-60.
John Coburu 1860-61, resigned.
Charles A. Ray Appointed September 30. 1861; resigned December
7, 1864.
Solomon Blair Appointed December 13. 1864-67.
Thomas J. Cason Appointed March 14, 1867-71.
Truman H. Palmer 1871-73.
DISTRICT PROSECUTING ATTORNEYS.
Abner V. Austin 1852-54.
Jlichael D. White 1854-56. resigned.
Bayless W. Hanna Aiipointed October 2S. 1856-58; removed from dis-
trict.
C. C. Galvin Appointed March 25, 1S5S.
John Morgan—.' 1858-60.
John C. BufCkin 1860-64.
William W. Woollen__- 1864-67. Act March 11, 1867, Boone put in Twenty-
fourth district.
Samuel X. Doyal Appointed March 14, 1867-70.
James \. Kemp 1870-72.
Gilbert H. Goodwin 1872-73.
PRESIDENT JUDGES.
Bethuel F. Morris .\pril 1, lS31-December 4, 1834; resigned. Fifth
circuit.
W. W. Wick Appointed December 4, lS34-August 2, 1839; re-
James Morrison Appointed August 2, 1839-August 15, 1842.
William Quarles August 15, 1842; returned commission September
28, 1842.
Stephen Major Appointed September 28, 1842; declined to accept
commission.
The County Courts 575
Fabius M. Finch Appointed October 6. lS42-December 16. 1842.
William J. Peaslee December 16. lS42-September 17, 1S49.
W. W. Wicli September 17, lS49-iIarch 4, 1S52. The act of
March 4. 1852, put Boone in the First.
Isaac Naylor JIareh 4, lS520ctober 12. 1852.
CIRCUIT JUDGES.
William r. Bryant October 12. lS52-November 1, 1858. Eighth circuit.
John JI. Cowan November 1. ISoS-November 1, 1870.
Thomas F. Davi(lson___November 1, lS70-March 6, 1873. The act of March
6, 1873, placed Boone in the Twentieth.
Truman H. Palmer Appointed March 12, 1873-October 24, 1879.
Thomas J. Terhune October 24. 1879; resigned November 16, 1888. The
• act of March 2, 1883, made Boone the sole county
in the Twentieth, where it has since remained.
John A. Abbott Appointed November 18. 18S8-November 10, 1890.
Stephen Neal November 10, 1890-November 10, 1896.
Barton S. Higgins November 10. 1896-Xovember 10, 1902.
Samuel R. Artman November 10, 1902-November 10, 1908.
Willett H. Parr November 10, 1908; term expires November 10.
1920.
PROSECUTING ATTORNEYS.
Hiram Brown April 1. lSol-I)ecember 12, M<il. Fifth circuit.
Harvey Gregg Appointed December 12, lS31-April 11, 1838.
William Herod April 11, 1833-December 9, 1836, resigned.
William Quarles December 9. 1836-April 13, 1S39, resigned.
William J. Peaslee April 13, lS39-January 29, 1841, resigned.
Hugh O'Neal January 29, 1841-January 29, 1843.
Abram A. Hammond___January 29, 1843-January 29, 1847.
Edward Lander January 29, 1847-January 29,' 1849.
David S. Gooding August 27, 1851-March 4, 1852. The act of March
4, 1852, put Boone in the First.
Lew Wallace March 4. 1852-May 14. 1853. The act of June 17.
1852, put Boone in the Eighth, and transferred
Wallace from the First to the Eighth.
Daniel W. Voorhees May 14. 1853; resigned July 24, 1854.
Samuel L. Telford Appointed July 24, 1854-November 7, 1854.
Charles A. Naylor November 7. lS54-February 9, 1855. The act of
February 9, 1855, transferred Naylor from the
Eighth to the Twelfth.
James M. Allen Appointetl Fel)iu;iry I'li, IN.'n-May 30, 1856.
Henry Shannon Appointed May :;ii. ls.-,(;-N,,vember 2, 1856.
Thomas N. Rice November 2, ls5(;-,\civcniber 12, 1858.
Robert W. Harrison November 12, lS5S-Noveniber 12, 1862.
Samuel F. Wood.*. November 12, 1862; resigned October 12, 1868.
Horton C. Patterson-__Appolnted October 12, 1868-November 3, 1868.
576 Courts and Lawyers of Indiana
Robert B. F. reirce-__ November 3. ISOS-ilurch G, 1S73. The act of March
6, 1873, put Boone in the Twentieth.
Gilbert H. Goodwin Appointed March 12, lS73-October 24, 1S73.
William B. Walls October 24, lS73-October 24, 1875.
Henry C. Wills October 24, 1875-October 24, 1877.
William R. Moore October 24, 1877-October 24, 1881.
Francis M. Charlton.— October 24, ISSl-October 24, 1885.
Barton S. Higgins October 24. 18S5-October 24, 1887.
Cassius M. Wynkoop.._ October 24, 18S7-August 27, 1888.
Joseph D. Emmert Appointed August 27, 1888, to serve until successor
was selected and qualified.
Cyrus A. Beamer Commissioned November 17, 1888, to serve two
years from October 24, 1889, but before his term
of olBce began, he resigned on January 31, 1889.
Charles M. Zion Appointed February 5, 1889, vice Beamer resigned.
Zion served until November 17, 1890.
Harvey P. New November 17, 1890-November 17, 1892.
Patrick H. Dutch November 17, 1892-November 17, 1894.
Noah Laughrum November 17, 1894-November 17, 1896.
Reed Holloman November 17. 1896- November 17, 1898.
John B. Shelby November 17, lS98-January 1, 1901.
John C. Perkins January 1, 1901-January 1, 1903.
Frank E. Hutchinson — January 1, 1901-Jauuary 1, 1907.
John W. Hornaday January 1, 1907-January 1, 1909.
Fred Graves January 1, 1909-May 7, 1909.
Roy W. Adney Appointed May 7. 1909-January 1. 1911.
William J. Wood January 1, 1911-January 1, 1913.
Vasco Dodson January 1, 1913-January 1, 1915.
Pearlus E. Smiley January 1, 1915; term expires January 1, 1917.
Brown County.
Brown county was organized by the Legislature on Febru-
ary 4, 1836, the act providing that the county should start its
independent career on the 1st of the following April. The
political complexion of the people is evidenced by the name
which they gave their county seat. When it was first selected,
it was called Jacksonburg in honor of the old hero of New
Orleans, but for some reason the name was changed to Nash-
ville within a year after the county was organized. Nashville
is one of the three county seats of the state which is not
located on a railroad and, for this reason, there has been con-
siderable agitation since the Illinois Central -has been built
through the county to move the seat of justice to Helmsburg,
a town on that railroad.
The County Courts 577
The first term of the Circuit court of Brown county was
held at the house of James Dawson on April 20, 1837, with
Elisha M. Huntington as President Judge and James Taggart
and Lewis F. Raper as Associate Judges. The first Probate
court in the county was held on May 8. 1837, at the
court house in Nashville with James Mclntire on the bench.
The first Common Pleas court in Bro\\ai county convened ai
Nashville, January 31, 1853, with William G. Quick on the
bench. He held the office until 1856.
ASSOCIATE JUDGES. ~
James Taggart July 0, 1836.
Lewis F. Raper July 9, 1S36.
Jolin Hoover August 12, 184.3.
Jonathan Watson August 12, 1843.
Hiram C. Wacldel August 24. 1848. to serve seven years from August
12, 1.S43.
Jolm C. Marshall August 17. 1850. to serve seven years from August
12, 1850.
Milton Fleener August IT. 18.50. to serve seven years from August
12. 1850.
PROBATE JUDGES.
James Jlclntire November 16, 1S36.
Patterson C. Parker May 3. 1S38, appointed, vice James Mclntire, de-
ceased. Commission not issued to Patterson C.
Parker.
Cornelius W. Tucker— October 6, 1838.
Joseph Stilson March 14, 1840, appointed.
John C. Marshall August 13. 1.840, to serve seven years from date.
James Watson August 19. 1847. to serve seven years from date.
COMMON PLEAS JUDGES.
William G. Quick lS.52-.50.
George A. Buskirk 1S5G-C4.
Oliver J. Glessner 1804-68.
Thomas W. Woollen 1808-70, resigned.
Richard L. Coffee Appointed October 15, 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
■ Daniel W. McClure ls.52-53, resigned.
Thomas L. Perry Appointed December 20. 1853-56.
A. D. Cunning 18.50-57. resigned.
Thomas L. Perry Appointed October 30, 1857-58.
E. K. Millen 1858-60, resigned.
(37)
578 Courts and Lawyers of Indiana
Stephen Thresher lSCO-61, resigned.
James Harrison Appointed January 7, 1861-62.
David D. Banta 1S62-64.
Kendall M. Hord 1864-66.
Francis M. Conner 1866-6S.
James A. Reeves 1868-69, resigned.
William C. Stansifer— Appointed May 24, 1S69-70.
George W. Worl£man_._ 1870-72, died.
James A. Jordan Appointed August 21, 1872.
Charles W. Snow 1872-73.
PRESIDENT JUDGES.
Brown county was organized by the act of February 4,
1836, which went into ^effect April, 1836, when it was placed
in the Seventh circuit. At this time Amory Kinney was on
the bench in this circuit, although he never held a term of
court in Brown county. The first Judge to hold court in this
county was Elisha M. Huntington, who took the office January
25, 1837, and served until January 28, 1839. An act passed on
that date put Brown county in the Tenth circuit, on which
David McDonald was then serving as Judge. He continued
on the bench of this circuit until the new Constitution went
into effect, October 12, 1852.
CIRCUIT JUDGES.
Alexander C. Downey— October 12. 1852; resigned August 1, 185S, to take
effect August 9. First circuit.
John W. Spencer August 9, lS5S-October 25, 1858.
Joseph W. Chapman October 26, 1858-October 26, 1864.
John G. BerliShire October 26, 1864-May 5, 1869. The act of Jlay 5,
1869, placed Brown in the Twenty-eighth.
Andrew L. Robinson Appointed May IS, 1869; resigned August 25, 1869.
Samuel P. Oyler Appointed August 25, 1869-October 24, 1870.
David D. Banta Octolier 24. lS70-March 6, 1873. The act of March
6. 1873, put Brown in the Ninth.
James S. Hester Appointed March 15, 1S73; died in office July 2S,
1879.
Nathan T. Carr Vppointed August 1, 1879; died in office in May,
1885.
Nelson R. Keyes Appointed May 30. 1885; died in office January 16,
1892.
Marshall Hacker -Appointed January 20, 1892-November 19, 1892.
Francis T. Hord November 19, lS92-February 28, 1899. The act of
February 28, 1899, constituted Brown and John-
son the Eighth circuit, where they have since re-
mained.
The County Courts 579
William J. Buckingham. February 28, 1899-November 13, 1906. The act
of Februarjl 28, 1899, transferred Buckingham
from the Sixteenth to the Eighth.
William E. Deupree November 13, 1906; term expires November 13,
1918.
PROSECUTING ATTORNEYS.
David McDonald Api-il 1, 1836-August 17, 1837; resigned. Seventh
circuit.
John Cowgill August 17, 1837-February 13, 1838.
Delana R. Eckles February 13, 1838- January 28, 1839. The act of
January 28, 1839, put Brown In the Tenth.
John I. Watts Appointed February 1, 1839-February 1, 1843.
William G. Quick February 1, 1843-February 1, 1845.
Craven P. Hester February 1, 1845-February 1, 1847.
"William M. Franklin— August 23, 1851-October 12, 1852.
Robert P. Moore October 12, 1852; resigned March 1, 1854. First
circuit.
Daniel Kelso November 7, 1854-November 7, 1856.
Francis Adkinson November 7, lS56-November 7, 1858.
George W. Kichardson__ November 7, 185S-November 7, 1862.
lames M. Myers November 7. 1862; resigned June 16, 1864.
Benjamin F. Lewis Appointed June 16, 1864-November 1, 1865.
John A. Miller November 1, lS65-November 3, 1868.
John Denton ^„ November 3, lS6S-May 5, 1869. The act of May 5,
1869, put Brown in the Twenty-eighth.
William P. Hargrave— Appointed May 18, lS69-August 23, 1869.
Daniel W. Howe August 23, 1869-October 24, 1870.
Nathan T. Carr October 24, 1870-June 25, 1872; resigned.
John W. Morgan Appointed June 25, 1872-March 6, 1873. The act
of March 6, 1873, put Brown in the Ninth.
George W. Cooper Appointed March 15."lS73-October 22, 1873.
Amos Burns October 22, 1873-Octiber 22, 1875.
William W. Browning.. October 22, 1875-October 22, 1877.
Wilson S. Swingle October 22, lS77-October 22, 1879.
Washington C. Duncan. October 22, lS79-October 22, 1881.
Webster Dixon October 22, 1881-October 22, 1885.
Anderson Percifield October 22, 18S5-October 22, 1889.
W. H. Everroad October 22, 1889-October 22, 1891.
William M. Waltman.. October 22, 1891-October 22, 1895.
William H. Shea October 22, lS05-November 17, 1898.
John L. Davis November 17, lS98-February 28, 1899. The act of
February 28, 1899, put Brown in the Eighth, where
it has since remained.
Elmer E. Roland February 28, 1899-October 22. 1899.
Thomas Williams January 1, 1906-January 1, 1908.
Henry E. W^hite January 1, 19<i9-January 1, 1914.
John P. Wright January 1, 1914; term expires January 1, 1918.
580 Courts and Lawyers of Indiana
Carroll County.
Carroll county was organized by an act of the Legislature,
approved January 7, 1828, and, according to its provisions,
it was to become effective on the 1st of the following May.
The first seat of justice was on a tract of land of one hundred
acres, which was a part of section 29, range 2 west, town-
ship 25 north. The land was donated for the location of the
county seat by William Wilson, who at that time was living
on the land. The locating commissioners called the new coun-
ty seat Carrollton, but for some reason this name was changed
by the board of commissioners to Delphi, on May 24, 1828.
The organization act designated the house of Daniel Baum,
then located in the bottoms of Deer creek, west of where the
Wabash railroad passes through the town, as the place for
holding courts. The Circuit, Probate and Commissioners'
courts were all held in the house of Baum during 1828 and
part of 1829. In the fall of the latter year, a school house,
which had just been erected during that summer, served as
a court room. It was not until 1831 that the county started
the erection of a court house and the building was not ready
for occupancy until September, 1832. It was a brick struc-
ture, costing the county $1,351, and served the purpose for
which it was built for the next quarter of a century.
The first term of the Carroll Circuit court was held in
the house of Daniel Baum, May 8, 1828. Bethuel F. Morris
was the Presiding Judge and Isaac Griffith and Christopher
McCombs were the Associate Judges. The first Prosecuting
Attorney was appointed at the second session of the court,
which met on November 6, 1828, Judge Morris appointing
Andrew Ingram to this office. The first term of the Probate
court of Carroll county was held at the house of Daniel Baum,
May 11, 1829, by Judge John Carey. A Common Pleas court
was provided for by the legislative act of May 14, 1852, and
such courts were in operation in the state until abolished
by the Legislature with the act of March 6, 1873. Carroll
county was in the Common Pleas district including Tippeca-
noe, Benton and White counties. John W. Blake was the first
Judge of the circuit.
The County Courts 581
associate judges.
Isaac Griffith May S. 1828.
Christopher McCombs„May 8, 1S2S.
George C. Sanderson August 22, 1834, to serve seven years from May 8,
1835.
Lewis Johnson August 22, 1834, to serve seven years from May 8,
1835 ; resigned August 14, 1837.
John Irwin October 2, 1837 (special election, to serve seven
years from May 8, 1835, vice Lewis Johnson, re-
signed.
John Irwin August 11. 1841, to serve seven years from May 8,
1842.
George C. Sanderson August 8, 1842, to serve seven years from May 8,
1842.
David Martin August 17, 1S4S, to serve seven years from May S,
1S49.
George C. Sanderson August 17, 1S4S, to serve seven years from May 8,
1849.
PROBATE JUDGES.
John Carey August 13, 1829.
John Grantham September 30, 1836.
John Grantham August 14, 1843.
Thomas Gillam August 14, 1850.
COMMON PLEAS JUDGES.
John W. Blalie 1852-56. resigned.
Robert P. Davison Appointed August 20, lS56-October 28, 1856.
Jonathan C. Applegate— 1856-60.
Gustavus A. Wood 1860; resigned July 1, 1861.
David P. Vinton Appointed July 1, 1861-67, resigned.
ilfred Reed Appointed March 12, lS67-November 4, 1867.
Bernard F.
Schermerhorn 1807-69, resigned.
Alfred Reed Appointed October 1, 1869-73.
DISTRICT PROSECUTING ATTORNEYS.
Robert P. Davison 18.52-56, resigned.
Leander McClung Appointed August 25, 1856-58.
John B. Kane 1858-60.
Lewis C. Pierce 1860-64.
William DeWitt
Wallace 1804-67. resigned.
Levi M. Graham Appointed March 25, 1867.
Alfred W. Reynolds 1867-70.
Thomas L. Merricli 1870-72.
William E. Uhl 1872-73.
582 Courts and Lawters of Indiana
PRESIDENT JUDGES.
Bethuel F. Morris May 1, 1828-January 20, 1830. Fifth circuit. Tlie
act of Januai-y 20, 1830, put Carroll in the Fir.st.
John R. Porter January 20, 1830-January 7, 1833. The act of Jan-
uary 7, 1S33, put Carroll in the Eighth.
Gustavus A. Everts January 9, 1833-Jauuai-y 27, 1836. The act of
January 27, 1838, put Carroll in the First.
Isaac Naylor January 27, 1838-December 14, 1841. The act of
December 14, 1841, put Carroll in the Eighth.
John W. Wright December 14, lS41-January 9, 1847.
Horace P. Biddle January 9, 1847 ; resigned April 20, 1852.
Robert H. Milroy Appointed August 20, lS52-October 12, 1852.
CIRCUIT JUDGES.
Thomas S. Stanfield October 12, 1852-Januai-y 21. 18.53. Ninth circuit.
The act of January 21, 1853, put Carroll in the
Eleventh.
John U. Pettit Appointed January 25, 1853; re-signed August 28,
1854.
John Brownlee Appointed September 6, lS54-October 25, 1854.
John M. Wallace October 25, 1854-October 26, 1860.
Horace P. Biddle October 26, 1860-November 3, 1872.
Dudley H. Chase November 3, 1872-March 5, 1875. The act of March
6, 1873, put Carroll in the Twenty-ninth and trans-
ferred Chase from the Eleventh to the Twenty-
ninth. The act of March 5, 1875, put Carroll in
the Thirty-ninth.
Bernard S. Dailey Appointed March 6, 1875-October 24, 1876.
John H. Gould October 24, lS76-November 15, 1888. The act of
March 15, 1877, made Carroll and White the only
counties in the Thirty-ninth, where they have since
remained.
Alfred W. Reynolds— November 15, lS88-November 19, 1894.
Truman F. Palmer November 19, 1894-November 19, 1906.
James P. Wason November 19, 1906-November 19, 1918.
PROSECUTING ATTORNEYS.
James Whiteomb May 1, 182.S-January 14. 1829. Fifth circuit.
W. W. Wick Januai-y 14, 1829-January 20, 1830. The act of
January 20, 1830, put Carroll in the First.
Edward A. Hannegan January 25, 1830-January 25, 1830.
Andrew Ingram January 25, 1832-January 7, 1833. The act of Jan-
uary 7, 1833, put Carroll in the Eighth.
John B. Chapman January 10, 1833-August 11, 18.34, resigned.
Samuel C. Sample August 11, lS34-July 5, 1836. resigned.
Joseph L. Jernegan Appointed July 5, 1836-December 10, 1836 ; trans-
ferred to Ninth.
Thomas Johnson December 10, 1836-January 27. 1838. The act of
January 27, 183S, put Carroll in the First.
The County Courts 583
Joseph A. Wright Jauuary 27, lS3S-December 5, 1839.
Samuel C. Willson December 5, ISSO-December 14, 1S41. The act of
December 14, 1841, put Carroll In the Eighth.
Spier S. Tipton December 15, 1841-December 15, 1S43.
William Z. Stuart December 15, 1843-December 15, 1845.
David M. Duun December 15, lS45-December 15, 1847.
William Potter August 23, 1849; resigned June 25, 1851.
George E. Gordon Appointed August 28, 1851 ; resigned September 15,
1852.
John M. Wilson Appointed September 15, lS52-October 12, 1852.
D. J. Woodward October 12. 1852-January 21, 1853. Ninth circuit.
The act of January 21, 1853, put Carroll in the
Eleventh.
John .M. Connell Appointed January 25, lS53-November 9, 1855.
[saiah JI. Harlan November 9, 1855; resigned February 11, 1856.
Orris Blake Appointed February 27, 1856-October 30, 1856.
Charles H. Parrish October 30, 1856-December 1, ISoS.
Richard P. DeHart December 1, 1858; resigned October 29, 1860.
Meredith H. Kidd Appointed November 1, 1860- February 17, 1862,
resigned.
Thomas C. Whiteside— February 17, 1862-November 3, 1864.
Dudley H. Chase November 3, 1864-November 3, 1870.
Alexander Hess November 3, lS70-January 1, 1873.
James JI. Justice January 1, lS73-October 22, 1873. The act of
March 6, 1873, put Carroll in the Twenty -ninth
and transferred Justice from the Eleventh to the
Twenty-ninth.
Thaddeus S. Rollins October 22, 1873; resigned September 1, 1874.
Charles R. Pollard Appointed September 3, lS74-March 5, 1875. The
act of March 5, 1875, put Carroll in the Thirty-
ninth.
William E. Uhl Appointed June 1, lS75-October 24, 1876.
John H. Wallace October 24. lN7(l-October 25, 1880.
Frank P. Hench_^ Octolier 25. issO-November 17, 1882.
Robert Gregory Novemlier 17. lss2-Xovember 17, 1884.
Will C. Smith November 17. lSS4-November 17, 1SS6.
William S. Bushnell Noveml)er 17. 18S6-Noveniber 17, ISSS.
Michael A. Ryan November 17, 18S8-November 17, 1892.
George Marvin November 17, ]S92-November 17. 1894.
T. B. Wilber November 17, lS!(4-Novpnilier 17, 1896.
John C. Odell Novemlier 17. 18!iG-November 17, 1808.
George Marvin November 17. ]S9S-January 1, 1001.
Edward E. Pruitt January 1. 1901-January 1. 1905.
William O. Thomas January 1. 1905-January 1. 19(X).
Wesley Taylor January 1, 1909-January 1, 1911.
Clarence R. Cowger___.January 1. 1011-January 1, 1913.
Howard T. Brockway— .January 1, 1913; term exi^ires January 1, 1917.
584 Courts and Lawyers of Indiana
Cass County.
Cass county was organized by an act of the General As-
sembly, December 18, 1828, the act becoming effective on
April 13, 1829. The county seat was established at Logans-
port on August 10, 1829, by the locating commissioners. The
Circuit court of Cass county first met and organized on May
21, 1829, in the seminary, a one-story building. It was the
first public building erected in the county and stood at the
northeast corner Fourth and Market streets in the city of
Logansport. Judge Bethuel F. Morris, of Indianapolis, was
the President Judge and his Associate Judges were Hiram
Todd and John Smith. From the organization of the court in
1829 until February, 1838, court was held in the seminary
building and from 1838 until November, 1840, the Presbyte-
rian church was occupied as a court room. From 1841 until
August, 1842, court was held in the old Methodist church,
located between North and Broadway streets. The contract
for building the first court house was let in 1839, but it was
not completed until 1844, although the sessions of the court
were held in it after 1842.
The first Judge of Cass county, Bethuel F. Morris, was a
resident of Marion county. Judge John R. Porter, of New-
port, who succeeded Morris in 1830, was possessed of a prac-
tical turn of mind, even though not very methodical. Judge
Gustavus A. Everts (1833-36) was a man of great tact and
fine address, and astute in the management of witnesses, as
well as learned in the law. Judge Samuel C. Sample (1836)
was a resident of South Bend, and died in that city in middle
life. He had been reared in Connersville, Indiana, and came
from a family of considerable prominence. He later served in
Congress. Judge Charles W. Ewing was a man who was
capable of grasping facts quickly and was deservedly popular.
After retiring from the bench in 1839, he died by his o\\ai
hand, January 9, 1843. Judge Henry Chase, of Logansport,
who was appointed September 1, 1839, by Governor David
Wallace, to fill the vacancy caused by the resignation of Judge
Charles W. Ewing, had taught school in St. Clairville, Ohio,
in 1825, and afterwards studied law. He practiced in Adams
The County Courts 585
county, Mississippi, in 1828, moved to Carroll county, Indiana,
in 1830, settling at Logansport in 1834. He was a ready ad-
vocate, and as a judge v^^as dignified and self-reliant. After
leaving Logansport he located in New York city, but, in 1852,
settled at Sheboygan, Wisconsin, where his death occurred
in 1854, at the age of fifty-four years. He was the father of
Judge Dudley H. Chase, who served from 1872 until 1884,
and from 1896 until 1902.
Judge John W. Wright, after retiring from the bench,
served as mayor of Logansport. Later he became interested
in the construction of the first railroad into Logansport. He
died in Washington, D. C.
Judge Horace P. Biddle, of Logansport, who served as
Judge of the Cass court from 1847 until 1852, and from 1860
until 1872, was a delegate to the constitutional convention in
1850. In 1875 he was elevated to the Supreme bench of the
state, and served six years. He was a versatile writer of both
prose and poetry, and achieved almost international reputa-
tion as a scholar. He died in 1900.
Judge Robert H. Milroy, of Delphi, who had graduated
from the military school at Norwich, Vermont, was the cap-
tain of a company in the Mexican War, and during the Civil
War, became colonel of the celebrated "Bloody Ninth" regi-
ment. He was appointed August 20, 1852, to fill the unex-
pired term of Biddle. When the new constitution went into
operation on October 12, 1852, Thomas L. Stanfield became
the first Judge of the Third Circuit to which Cass was
assigned. The act of January 21, 1853, placed Cass in the
Eleventh circuit and the Governor appointed John U. Pettit,
of Wabash, who served from January 25, 1853, until August,
1854, when he resigned to take his place as a member of Con-
gress from the Eleventh district. He was in Congress from
1857 to 1861 and became Speaker of the House, which position
he filled with distinction. He was one of the most polished
presiding officers who ever filled the speaker's chair. He
studied law in the office of Senator D. D. Pratt, of Logans-
port, and was admitted to the Logansport bar, February,
1840. In 1842 he settled in Wabash, where he continued to
reside until his death, March 21, 1881. He was professor of
586 Courts and Lawyers of Indiana
law in the State University in 1850, and served his country
with honor as consul at Maranham, Brazil.
John Brownlee, of Marion, was appointed September 6,
1854, to fill the vacancy caused by the resignation of Judge
Pettit. He was a lawyer of fair ability and made a creditable
Judge. He was a resident of Grant county.
John M. Wallace, a native of Franklin county, but then a
resident of Marion, succeeded Judge Brovi^nlee, and served
from 1854 until 1860, when he was succeeded by Judge Biddle.
Judge Wallace was a veteran of the Mexican War, and was
the Colonel of the Twelfth Indiana Infantry in the Civil War.
Later he became paymaster of the regular army.
Dudley H. Chase, of Logansport, who succeeded Judge
Horace Biddle on the bench in 1872, was a son of Judge Henry
Chase (1839-47). Altogether Judge Dudley H. Chase served
on the Cass Circuit bench for eighteen years — from 1872 to
1884 and from 1896 until his death, on July 2, 1902.
In 1884 Judge Chase was succeeded by Maurice Winfield,
of Logansport, who resigned in 1889 to resume the practice of
law. After the resignation of Judge Winfield in 1889, Dyer
B. McConnell, of Logansport, was appointed to fill out the
unexpired term. Judge McConnell had previously been elected
as Judge of the Cass Circuit court, and served until his res-
ignation in 1895, when he was succeeded by Moses B. Lairy,
a Democrat, who was appointed to fill out his unexpired term.
Judge McConnell was a dignified officer and maintained a
high standard of the court during his term of office.
Judge Moses B. Lairy, who was appointed to fill out the
unexpired term of Judge McConnell, was appointed by Gov-
ernor Claude Matthews, and served until November 3, 1896.
Judge Lairy was elected in 1910 as a member of the Appellate
court, and served until 1915, when he was elected Judge
of the Supreme court on the Democratic ticket over Quincy
A. Myers, Republican, and Lou W. Vail, Progressive. Dud-
ley H. Chase served from 1896 until his death, July 2, 1902,
George A. Gamble following him by appointment and serving
until November 3, 1902. In 1900 John S. Lairy, of Logans-
port, was elected Judge of the Cass Circuit court, and assumed
the office on November 3, 1902. In 1906 Judge Lairy was re-
The County Courts 587
elected, and again in 1912 for the third term over George W.
Funk, the Republican candidate, and Charles H. Stuart, Pro-
gressive candidate. Judge John S. Lairy and Supreme Judge
Moses B. Lairy are brothers, both natives of Cass county.
Cass county has been honorably and ably represented in
the higher courts of the state and nation by Judges William
Z. Stuart, Horace P. Biddle, George E. Ross, Quincy A. Myers,
Moses B. Lairy and Kenesaw Mountain Landis. Judge Stuart,
vs^ho was admitted to practice law at the Cass county bar in
1837, served as Prosecuting Attorney from 1844 until 1845,
and from 1853 until 1856, he was Judge of the Supreme court
of Indiana. Upon returning to private practice, he became
attorney for the Wabash railroad, and died in Logansport,
May 7, 1876. Judge Biddle was a member of the Supreme
bench from 1875 until 1881. Judge George E. Ross served
as a member of the Appellate court from 1893 until 1897. In
1908 Quincy A. Myers was elected as a Judge of the Supreme
court on the Republican ticket and served until 1914, when
he was defeated for re-election by Judge Moses B. Lairy.
Judge Kenesaw Mountain Landis, Judge of the United
States District court at Chicago, Illinois, was educated in the
public schools of Logansport, and graduated from the Union
College of Law in 1891. He was Secretary to Walter Q.
Gresham while the latter was Secretary of State, and was
appointed Judge of the United States District court for the
Northern District of Illinois on March 28, 1906. Judge Lan-
dis was admitted to the practice of law in Cass county, July
13, 1889.
The first lawyer admitted to practice in the Cass Circuit
court at its organization on May 21, 1829, was Albert S.
White, who resided at Lafayette. White afterwards became a
member of Congress, a member of the United States Senate
and Judge of the United States District court. Williamson
Wright, who was a brother of Judge John W. Wright, became
a member of the Cass county bar, August 10, 1835, and for
many years he and John S. Patterson enjoyed a large portion
of the legal business of the county. He died in 1896. Senator
Daniel D. Pratt studied law in the office of Calvin Fletcher,
of Indianapolis, located at Logansport in 1836, served one
588 Courts and Lawyers of Indiana
term in the Legislature and represented Indiana in the United
States Senate from 1869 until 1875. He died in Logansport,
June 17, 1877.
John B. Dillon, who was admitted to the practice of law
in Cass county. May 14, 1840, became a forcible and fluent
writer, both of prose and poetry. He was editor of the
Logansport Canal-Telegraph for several years in the forties,
but his greatest work was his "History of Indiana." He died
in Indianapolis in 1879. Senator David Turpie studied law in
the office of Senator Daniel D. Pratt in 1849, and later moved
to Monticello, but in 1868 returned to Logansport, where he
continued the practice until 1872, when he moved to Indian-
apolis, where his death occurred, April 21, 1909. Senator
Turpie was a profound lawyer, an able speaker, and a rare
linguist, being master of seven languages. He was a judge
on the bench, a member of the State Legislature, a United
States Senator, and one of the ablest lawyers who ever prac-
ticed in the Cass county courts.
Probably the most energetic and forceful lawyer at the
Cass county bar, to which he was admitted on February 5,
1855, came from the state of New York, and studied in the
office of his uncle, D. D. Pratt. As a criminal and jury law-
yer, David D. Dykeman had few superiors. He was not a
close student, but was energetic and resourceful, and a nat-
ural leader of men. He served in the City Council, as Judge
of the Court of Common Pleas, and in the state Senate. Judge
Dykeman died on February 23, 1911.
T. C. Annabal who was admitted to the practice of law,
May 8, 1860, became interested in newspaper work and other
business. He moved to Goodland, Indiana, and died there
subsequently, March 17, 1895. His son, Thomas W. Annabal,
is now a well-known lawyer of Peru, Indiana.
Hon. Daniel P. Baldwin, who graduated from the Uni-
versity of Wisconsin in 1856, and from the Columbia Law
School in 1860, became a successful lawyer after his admis-
sion to the bar, November 16, 1860, and for many years prac-
ticed law in partnership with Senator Pratt. He was ap-
pointed Judge of the Common Pleas court in 1870, and in
1888 was elected Attorney-General of Indiana, both of which
The County Courts 589
positions he filled with credit. Judge Baldwin died at his
home in Logansport, November 13, 1908.
ASSOCIATE JUDGES.
Johu Smith JIuy S. 1S29, resigned.
Hiram Todd il;.y S. 1S29, resigned.
Jacob Bowman Xoveml.ier 4, 1833, to serve seven years from May
S, 1S29.
Robert Edwards November 4. 1833. to serve seven years from JIny
S, 1S29.
H. Lasselle, Jr May 28, 1834, vice Jacob Bowman (refused to
serve), to serve seven years from May 8, 1829.
Robert Edwards August 10, 1835.
George T. Bostwicli August 10, 1S35.
Job B. Eldridge August 17, 1S40.
Henry Brown August 17, 1840.
Hewit L. Thomas August 8, 1842, to serve seven years from May 8,
1.843.
Jesse Julian August 8. 1.S42, to serve seven years from May 8,
1843.
James Homey .Vugust 18, 1847, to .serve seven years from August
8, 1843.
James Horney August 21, 1849, to serve seven years from May S,
1850.
Hewit L. Thomas Augu.^t 21, 1849, to serve seven years from May 8,
1850.
PROBATE JUDGES.
John Scott August 27, 1829.
Chauncey Carter September 18, 1832; resigned March 24, 1834.
James McClurg May 10. 1834, vice Chauncey Carter (resigned),
to serve until the first Monday iu August, 1834.
James McCIurg August 20, 1834.
Henry Larue April 3, 1836, appointed to serve until the first
Monday in August, 1836.
Robert B. Stevenson — August 30, 1836, to serve four years from date.
Thomas J. Wilson January 21, 1837, appointed vice Robert B. Steven-
son (refused to qualify).
Thomas J. Wilson August 14, 1837.
John S. Patterson August 14, 1844.
Robert P, Groves .\ugust 25, 1847, vice Johu S. Patterson, resigned.
John F. Dodds August 29, 1848, to serve seven years; resigned
June 29, 1850,
James M. Lasselle August 14, 1850, to serve seven years from date;
died February 8, 1851,
Alvin M. Higgius February 28. 1851. appointed vice James Lasselle,
deceased.
Henry M. Edison August 15. 1851, to serve seven years from date.
590 Courts and Lawyers of Indiana
COMMON PLEAS JUDGES.
Robert F. Groves 1852-56.
Samuel L. lIcra(iden___lS56-60.
Kline G. Sliryock 1860-62.
David D. Dykeman 18C2-65, resigned.
Thomas C. Whiteside_— Appointed May 12. 1865-70, resigned.
Daniel P. Baldwin Appointed August 25, lS70-October 24, 1870.
James H. Carpenter 1870-71.
Daniel Pratt Baldwin—Appointed February 20, 1871-October 28, 1872. Act
of February 3, 1871, placed Miami witb Cass and
Pulaski in newly created Twenty-fifth district.
John Mitchell 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Samuel L. McFadden__lS52-54.
Josiah Farrar 1854-58.
John Guthrie 1858-60, resigned.
William DeHart Appointed October 26, 1860, resigned.
W. W. Shuler Appointed December 22, 1860-61. resigned.
E. T. Dickey Appointed November 2, 1861-62.
Stewart T. McConnell__1802-e4.
John A. Farrell 18(54-00. resigned.
Dyer B. McConnell Appointed March 14, 1866.
Horace S. Foot 1800-68.
Jerome Q. Stratton 1808-70.
Hiram G. Depuy 1870-71. Act of February 3, 1871, put Cass in
Twenty-fifth district.
Avery B. Charpie Appointed February 20, 1871-72.
James M. Howard 1872-73.
PRESIDENT JUDGES.
Bethuel F. Morris April 13, lS29-Jauuary 20, 1S.30. The act of Jan-
uary 20, 1830, took Cass out of the Fifth and put
it in the First.
John R. Porter January 20, 1830-January 7, 1S33. The act of Jan-
uary 7, 1833, put Cass in the Eighth.
Gustavus A. Everts January 7, lS33-July 5, 1836, resigned.
Samuel C. Sample Appointed July 5, 1836-Deeember 19. 1836. The act
of December 19, 1836, organized the Ninth circuit
and transferred Sample to it.
Charles W. Ewing Appointed December 19, 1836-September 1, 1839, re-
signed.
Henry Chase Appointed September 1, 1839-January 29, 1847,
Horace P, Biddle January 29, 1847; resigned April 20, 1852.
Robert H. Milroy Appointed August 20, 1852-October 12, 1852.
The County Courts 591
circuit judges.
Thomas L. Stanfield— October 12, lS52-Januai-y 21, 1853. Ninth circuit.
The act of January 21, 1S53, put Cass iu the Elev-
enth.
John U. Pettit Aiipointecl January 25, 1853; resigned August 28,
1854.
John Brownlee Appointed September 6, 1854-October 25, 1854.
John M. Wallace October 25, 1854-October 26, 1860.
Horace P. Biddle October 26, 1860-November 3. 1872.
Dudley H. Chase November 3, lS72-November 3, 1884. The act of
March 6, 1873, put Cass in the newly created
Twenty-ninth. The act of April 4, 1881. made Cass
the sole county in the Twenty-ninth, where it has
since remained.
Maurice Winfleld November 3, 18fU: resigned November 5, 1889.
Dyer B. McConnell Appointed November 5, 1889; resigned April 1,
1895.
Moses B. Lairy Appointed April 1, 1895-November 3, 1896.
Dudley H. Chase November 3. 1806; died in otBce July 2, 1902.
George A. Gamble Appointed July 8, 1902-November 3, 1902.
John S. Lairy November 3, 1002; term expires November 3, 1920.
PROSECUTING ATTORNEYS.
W. W. Wick April 13, 1829-January 20, 1830. The act of Jan-
uary 20, 1830, took Cass out of the Fifth and put
it iu the First.
Edward A. Hannegan__January 25, 1830-Janiiary 25, 1832.
Andrew Ingram January 25, 1832-Jannary 7, 1833. The act of Jan-
uary 7, 1833, put Cass in the Eighth.
John B. Chapman January 10, 1833-August 11, 1834, resigned.
Samuel C. Sample Appointed August 11, 1834-July 5, 1836, resigned.
Joseph L. Jernegan Appointed July 5, 1836, to fill unexpired term of
Samuel C. Sample, resigned. Transferred to Ninth,
December 10, 1836.
Thomas Johnson December 10, lS36-December 3, 1838.
John W. Wright Dec-ember 3,/ ISSS-December 5. 1839.
Lucian P. Ferry December 5, 1&39-Deceu)ber 15. 1841.
Spier S. Tipton December 15, 1841-December 15, 1843.
William Z. Stuart December 15, 1843-December 15, 1845.
David M. Dunn December 15, 1845-December 15, 1847.
William Potter August 23, 1849-August 28, 1851.
George E. Gordon August 28, 1851; resigned September 15, 1852.
John M. Wilson Appointed September 15, 1852-October 12, 1852.
D. J. Woodward October 12, lS52-January 21, 1853. Ninth circuit.
The act of January 21, 1853, put Cass in the Elev-
enth.
John M. Connell Appointed January 25, 1853-November 9, 1855.
592 Courts and Lawyers of Indiana
Is;uiili il. Harlan November 9. IS.j.j-February 11, 1856.
Orris Blake Appointed February 27, lSo6-Oetober 30, 1856.
Charles H. Parrish October 30. lS.56-December 1, ISoS.
Richard P. DeHart December 1, 1S.5S ; resigned October 29, 1S60.
JlereditU H. Kidd October 1, lS60-February 17. 1S62 ; resigned.
Thomas C. "OTiiteside— February 17, lSG2-Xovember 3, 1S64.
Dudley H. Chase November 3. lS64-Xovember 3, 1870.
Alexander Hess November 3. lS70-Januai;y 1, 1873.
James JI. Justice .\ppointed January 1, lS73-October 22, 1S73. The
act of March 6, 1873, put Cass in the Twenty-ninth
and transferred Justice from the Eleventh to the
Twenty-ninth.
Thaddeus R. Rollins— October 22. 1873; resigned September 1, 1874.
Charles R. Pollard Appointed September 3, lS74-October 24, 1876.
Dyer B. McConnell October 24. lS76-October 24, 1878.
Simon P. Weyand October 24. 187S-October 25, ISSO.
Elmore S. Daniels October 25, 1880-November 17, 1884.
Jlichael D. Pansier November 17. lSS4-November 17, 1S8S.
James W. JIcGreevy___Xovember 17, ISSS-November 17, 1892.
Frank M. Kistler November 17, 1892-November 17, 1894.
C. E. Hale November 17. lS04-November 17, 1896.
George S. Kistler November 17, 1896-January 1, 1901.
William C. Fitzer January 1, 1901- January 1, 1903.
George Walters January 1. 1903-January 1, 1907.
George A. Custer January 1, 1907-January 1, 1911.
Michael L. Fansler January 1. 1911-January 1, 1915.
Walter W. Foskett January 1. 1015; term expires January 1, 1917.
SUPERIOR COURT.
Cass county Superior court was established March 3, 1877,
and abolished April 2, 1881. John C. Nelson was Judge of
this court during its whole existence.
Clark County.
Clark county, which was the first county to be created
out of the territory included within the original limits of
Knox county, the latter of which was organized on June 20,
1790, by proclamation of Winthrop Sargent, Secretary of the
Northwest Territory, embraced at its creation, February 3,
1801, about one-fifth of the present area of the state of Indi-
ana. It included, in whole or part, Harrison, Floyd, Clark,
Washington, Jackson, Scott, Jefferson, Jennings, Ripley, De-
catur, Franklin, Bartholomew, Shelby, Rush, Fayette, Union,
The County Courts 593
Henry, Randolph, Wayne and possibly part of Jay and Switzer-
land counties. The town of Springville was selected, April 7,
1801, as the first seat of justice. The county seat was removed
to Jeffersonville, June 9, 1802, where it remained until De-
cember 10, when the Legislature placed it at Charlestown.
It remained at the latter place until September 23, 1873, when
it was permanently located at Jeffersonville.
On April 7, 1801, the first court in Clark county was held
at Springville. It was called the court of General Quarter
Sessions of the Peace and was created by Governor William
Henry Harrison. It was composed of Justices Marston Green
Clark, Abraham Huff, James Noble Wood, Thomas Downs,
William Goodwin, John Gibson, Charles Tuley and William
Harwood. The courts were held at Springville until July 6,
1802, after which they were held at Jeffersonville until March
3, 1811, when the court was first held at Charlestown. These
local county courts continued to exist for thirteen years. Dur-
ing this period Evan Shelby, Rezin Redman and John Miller
appeared as Judges. None of the Judges pretended to be
lawyers, but wfere plain, honest and intelligent men, acting
under the appointment of the Governor.
In 1814 the judicial system of the territory underwent a
change and it was divided into three circuits, with a Presid-
ing Judge for each circuit and two Associate Judges in each
county, all of whom were appointed by the Governor. In
November, 1814, Jesse L. Holnian appeared in Charlestown
and took his seat as Presiding Judge under commission from
the Territorial Governor, Posey. William Goodwin and John
Miller produced their commissions as Associate Judges.
The first term of Clark Circuit court, under the Constitu-
tion, was held in March, 1817, with David Raymond as Pre-
siding Judge and William Goodwin and John Beggs as Asso-
ciate Judges. In October, 1817, Davis Floyd took his seat
as Judge of the Second Circuit under a commission to hold
the office for seven years from October 13, 1817. William
Goodwin and John Beggs continued as Associate Judges and
John F. Ross was Prosecuting Attorney. Floyd was a promi-
nent man in the early history of Indiana territory and the
(33)
594 Courts and Lawyers of Indiana
early history of the state under the new Constitution. He rep-
resented Harrison county in the first session of the state Leg-
islature, which convened November 4, 1816, and it was upon
his motion that the great seal of the new state, showing a
woodsman felling a tree, a fleeing buifalo and a setting sun,
was adopted.
Judge Floyd was succeeded in December, 1823, by John
F. Ross who served until his death in December, 1834. John
H. Thompson became Judge of the Second circuit following
the death of Judge Ross. Judge Thompson was subsequently
elected and served until December 20, 1844. At the time he
was appointed Judge he resided at Charlestown, but he aft-
erward moved to Salem. He served as Lieutenant-Governor
of Indiana from 1828 to 1828. The Legislature, which con-
vened in December, 1844, elected William T. Otto, a young
lawyer of Brownstowni, to succeed Judge Thompson, who was
a little later elected Secretary of State by the Legislature.
Judge William T. Otto first presided as Judge of the Clark
Circuit court at the May term, 1845. Judge Otto was the
last Judge of the Second circuit elected by the Legislature.
His term expired when the Constitution of 1851 went into
force. He was succeeded by Judge Bicknell, who was elected
by the people. He became Assistant Secretary of the Interior
under President Lincoln's administration and, subsequently,
official reporter of the decisions of the Supreme court of the
United States. Judge Otto died in Philadelphia in November,
1905, at the age of eighty-nine.
The Clark county bar during Judge Otto's term was a
strong one. The resident attorneys were Judge Charles
Dewey, Capt. T. W. Gibson, Amos Lovering, Charles E.
Walker, John D. Ferguson, J. G. Howard, Charles Moore,
John F. Read, William H. Hurst, Henry Foster Smith, C. T.
Solas, W. W. Gilliland and perhaps others. Among the strong
lawyers at the Clark county bar was Judge Charles Dewey,
who served ten years as Judge of the Supreme court of In-
diana.
The Judicial district of Indiana, of which the Clark Cir-
cuit court was for many years a part, was composed of Floyd,
Clark, Harrison, Crawford, Orange, Washington, Jackson and
The County Courts 595
Scott counties, until March 6, 1873, when the counties of
Clark and Floyd were formed into the Fourth judicial circuit.
Judge Bicknell was succeeded in 1876 by John S. Davis, who
presided over the court until his death on July 6, 1880. Simeon
K. Wolfe was appointed to fill out the unexpired term caused
by the death of Judge Davis. He was succeeded by Charles
P. Ferguson, who served on the bench from 1880 to 1892.
Judge Ferguson succeeded by Judge George H. D. Gibson,
who served from 1892 to 1898. Judge Gibson was succeeded
by James K. Marsh, who served one term of six years and
was then succeeded by Harry C. Montgomery, who died in
office in January, 1914. James W. Fortune was appointed
January 23, 1914, and by election will serve until November
15, 1920.
Judge William T. Otto, of the Clark Circuit court, after
retiring from the bench, became one of the most celebrated'
lawyers of the state. He settled at New Albany in 1853 and
in 1855 was employed by the Liquor League of Indiana to
test the constitutionality of the Maine liquor law, which had
recently been enacted by the Indiana Legislature. Judge Otto
succeeded in having the law declared invalid.
Judge George A. Bicknell, who succeeded Judge Otto on
the bench of the Clark Circuit court, was a native of Philadel-
phia, who settled in Scott county about 1848. He served as
Prosecuting Attorney of the Second judicial district, and after
retiring from the bench in 1876, represented the Third In-
diana district in Congress during the forty-fifth and forty-
sixth sessions, from 1877 to 1881. From 1881 to 1885 he was
one of the members of the Supreme Court Commission. At
the time of his death, April 15, 1891, he was the Judge of the
Floyd Circuit court.
Judge John S. Davis was first identified with the Whig:
party, and later became a ReTD^iWic-ii-i. As the Republican
nominee for Congress in 1860, Judge Davis, came within three
hundred votes of being elected in a district which normally
gave a Democratic plurality of three thousand. During the
War, he joined the Democratic party and, although he was
a candidate for the Democratic nomination for Congress in
1870, 1872, 1874 and 1876, was defeated each time. He served
596 Courts and Lawyers of Indiana
in the state Legislature during the session of 1875 and is
given credit for having obtained the one vote necessary to
elect Joseph E. McDonald to the United States Senate over
Benjamin Harrison.
Although Simeon W. Wolfe served only a few months
(July-November, 1890) as Judge of the Clark Circuit court,
he was a prominent citizen of southern Indiana. After grad-
uating from the law department of the State University, he
settled at Corydon. In 1860 he was a delegate to the Demo-
cratic national convention at Charleston, South Carolina. He
was a member of the state Senate from Harrison county dur-
ing the sessions of 1862 and 1864. In 1872 he was elected
to Congress from the Second Indiana district.
Judge Charles P. Ferguson presided over both the Com-
mon Pleas court and the Clark Circuit court. Patrick H.
Jewett served as Judge of the Court of Common Pleas (1868-
72) for the district comprising Clark, Floyd, Washington
and Scott counties. Amos Lovering, the first Judge of the
Clark Court of Common Pleas (1852-64) was a native of
Massachusetts. He settled at Jeffersonville in 1840 and died
in Louisville about 1877. Melville C. Hester was a graduate
of old Asbury (now DePauw) University at Greencastle.
Cyrus L. Dunham, a native of New York state, located at
Salem, in Washington county, in 1841. In 1845 he was elect-
ed Prosecuting Attorney for this circuit. In 1846, and again
in 1848, he was elected to the Legislature from Washington
county. Dunham served three terms in Congress, from 1849
to 1855. In 1859 he was appointed Secretary of State by Gov-
ernor Willard to fill out the unexpired term of Daniel Mc-
Clure. He became the colonel of the Fiftieth Indiana Infan-
try at the breaking out of the Civil War, and served for about
one year. In 1871 he was elected Judge of the Floyd and
Clark Criminal Court circuit, after which he moved to Jef-
fersonville, where he lived until his death, on November 21,
1877.
Capt. Thomas W. Gibson was a great criminal lawyer and
participated in all of the criminal trials during the period of
his active practice in southern Indiana. John F. Read was a
graduate of Hanover College and had read law with Major
The County Courts 597
Henry Hurst in Jeffersonville. He served in the Indiana State
Legislature during the session of 1853 and was afterwards
appointed receiver of the land office at Jeffersonville. For a
number of years he was in partnership with Jonas G. Howard,
one of the ablest attorneys of the Clark county bar. Read
led the fight in behalf of the removal of the county seat from
Charlestown to Jeffersonville. He took a leading part in the
industrial life of the city and Jeffersonville is indebted to him
for the government building, for the county seat, for the car
works, for the levee and for the Big Four bridge. Jonas G.
Howard, another eminent lawyer at the Clark county bar,
represented the Third Indiana district in Congress from 1885
to 1889, serving during the forty-ninth and fiftieth sessions.
Ward H. Watson, who formerly lived at Charlestown, was
elected a Judge of the Appellate Court of Indiana in 1906
and served until 1911. Frank B. Burke was a native of Jef-
fersonville, who was admitted to the practice of law in 1878.
He represented Clark county in the state Senate from 1886
to 1890. In 1893 he was appointed by President Cleveland
as United States District Attorney for the District of Indiana.
In 1880 he was elected Prosecuting Attorney of the circuit
comprising Clark and Floyd counties, and served three terms.
He was a Democratic candidate for the Democratic nomina-
tion for Governor in 1900, but was defeated by John W. Kern.
The same year he was nominated by the Democrats of the
Indianapolis district for Congress, but was defeated by his
Republican opponent.
TERRITORIAL JUDICIARY.
t"ebru:u'y 4, ISOl Judges of the Court of Commou Pleas and Justices
of tbe Court of General Quarter Sessions: Mars-
ton Green Clark, Abraham Huff, James Noble
Woods, Thomas Downs and William Goodwin.
February 4, ISOl Ju.stices of the Court of General Quarter Sessions:
John Gibson, Charles Teeley and William Har-
wood.
February 4, ISOl Judge of Probate: Jesse Rowland.
March 24,' 1S02 Oyer and Terminer: William Clarke.
March 24. 1S02 Oyer and Terminer: Marston 0. Clark and Ab-
raham HufC, associates of William Clarke.
May 5, 1S02 Judge of Probate: David Espy, vice Jesse Kow-
land, resigned.
598 Courts and Lawyers of Indiana
.September 30, 1S03 Justie of the General Quarter Sessions: Nicholas
Harrison.
November 21, 1803 Justice of the General Quarter Sessions: George
Newland.
September 22, 1S04 .Justice of the General Quarter Sessions: Job
Guest.
December 21, 1805 Judges of the Common Pleas: Evans Shelby,
Thomas Downs and William Goodwin.
January 25. 1S06 Justice of the Peace: James Lemon.
July 19, 1806 Justice of the Peace: Patrick Shields.
July 22, 1806 Justice of the Peace: Aquilla Rogers.
December 1, 1806 Justice of the Peace: John Douchett.
April IS, 1S07 Justice of the Peace: Kobert Mclntire.
June 30, 1807 Justice of the Peace: John Smith.
July 10, 1807 Justice of the Peace: Dennis Pennington.
August 22, 1807 Justice of the Peace: John Kychart.
September 9, 1807 Justice of the Peace: Charles Johnson.
November 3, 1807 Justice of the Peace: James Smock.
May 18. 1808 Justice of the Peace : AA^lliam Vawter.
June 29, ISOS Justice of the Peace: John Beggs.
July 6, 180S Justice of the Peace: Jacob Zenor.
July 16, 1808 Justice of the Peace: John Vawter, vice William
Vawter, resigned.
October 27, 1808 Justice of the Peace: Absalom Little.
May 10, 1809 Justice of the Peace: John Hay.
February 14, 1810 Justice of the Peace: Edmund H. Taylor.
May 23, 1910 Justice of the Peace: Andrew Gilveck.
July 11, ISIO Justice of the Peace: Samuel McKinley.
November 14, 1810 Justice of the Peace: John Thomas Chunn.
Dec-ember 6, 1810 Justice of the Peace: James McConnell.
December 14, 1810 Prosecuting Attorney : James Scott.
December IS, ISIO Justice of the Peace: James M. Campbell.
March 4, ISll Justice of the Peace : Jesse Henley.
April 17, ISll Justice of the Peace: John H. Thompson.
April 29, 1811 Judge of the Court of Common Pleas: Daniel
Graham, vice Thomas Downs, resigned.
Jlay 21, ISll Ju.stice of the Peace : James Ferguson.
May 29, ISll Justice of the Peace: John Parvin.
May 23, ISIO Judge of the Court of Common Pleas: Rezou
Redman, vice William Goodwin, resigned.
August 20, ISll Justice of the Peace: Solomon Fuller.
December 16, ISll Justice of the Peace: Abraham Kimberlain.
January 1, 1812 Justice of the Peace: John Weathers.
February 26, 1S12 Justice of the Peace: Samuel Gwathmey.
March 16, 1812 Justice of the Peace: Samuel Bowen.
November 4, 1812 Judge of the Court of Common Pleas: Judge Mil-
ler.
The County Courts 599
December 22, 1S12 Justice of the Peace : Willis W. Goodwin.
January 22, 1S13 Justice of the Peace : John Prather.
February 11, 1813 Justice of the Peace: David Foutz.
February IS. 1S13 Justice of the Peace: David Fanisin.
January 7, ISU Judges of the Circuit Court: Evans Shelby, first
judge; Kezon Redman, second judge; John Miller,
third judge.
April 22, ISll Justice of the Peace: James JlcCay.
September 17, 1S14 Associate Judges of the Circuit Court : John Mil-
ler, first associate ; William Goodwin, second as-
sociate.
October 7, 1S14 Justice of the Peace: John T. Littell.
November 4, 1S14 Justice of the Peace: John Hilton.
January 13, ISlo Justice of the Peace: Nathaniel Scribner.
January 26. 1S1.5 Justice of the Peace: George Ross.
February 25. 1815 Justices of the Peace: John Dietz and Joseph
Jacobs.
March IS. 1815 Justice of the Peace: Henry Aborne.
March G. 181C Justice of the Peace: Absalom Little.
JIarch 28. 181G Justice of the Peace: Bennet Nugent.
April IS, 1S16 Ju,stice of the Peace : Spencer Hagglin.
May 18, 1816' Justice of the Peace: James A. Pruitt.
May IS, 1S16 Associate Judge of the Circuit Court: Robert A.
New.
May 25. 1816 Justice of the Peace: William A. Lilly.
August 7, 1816 Justice of the Peace : .Vmos Goodwin.
September 28, 1816 Justice of the Peace: Jacob S. Holt
October 15, 1816 Justice of the Peace : Samuel Merriwether.
ASSOCIATE JUDGES.
William Goodwin February 24, 1817.
John Beggs February 24, 1817.
Benjamin Ferguson February 3, 1824 ; resigned August 15, 1S29.
Willis W. Goodwin February 3, 1824.
John Carr February 15, 1830 (special election), to serve seven
years from February 3, 1824, vice Benjamin Fer-
guson, resigned.
John Carr January 3. 1831, to serve seven years from Febru-
ary 24, 1831.
P.ovorly W. James January 3, 1831, to serve seven years from Febru-
ary 24, 1831 ; resigned July, 1832.
S.unuel Prather September S, 1832, vice Beverly W. James, re-
signed.
Joseph Work December 0, 18.37 (special election), to serve seven
years from February 24, 1S3S ; resigned May, 1842.
Lemuel Ford December 9, 1837 (special election), to serve seven
years from February 24, 1838; resigned December
1841.
600 Courts and Lawyers of Indiana
Beverly W. James February 10. 1S4L' (special election), to serve seven
years from Febrvuuy -z-i, 1S3S, vice Lemuel Ford,
resigned.
Hezekiali Robertson August 20, 1S42, to serve seven years from Febru-
ary 24, 1S3S, vice Joseph Work, resigned.
Hezekiali Robertson August 27, 1S44, to serve seven years from Febru-
ary 24, 1S45.
Beverly W. James August 27, 1S44, to serve seven years from Febru-
ary 24, 1S45.
William Duuar .\ugust 22, 1851, to serve seven years from Febru-
ary 24, 1852.
Andrew I. Huckleberry_August 22, 1851, to serve seven years from Febru-
ary 24, 1S52.
PROBATE JUDGES.
Lemuel Ford August 21, 1829.
Willis W. Goodwin August 21, 1832.
Willis W. Goodwin August 19, 1839.
Lemuel Ford August 15. 1846, to serve seven years from August
19, 1846.
Willis W. Goodwin June 1, 1847, appointed, vice Lemuel Ford, re-
signed.
Willis W. Goodwiu August 17, 1S47, to serve seven years from date.
COMMON PLEAS JUDGES.
Amos Lovering 1S.52; resigned March 24, 1864.
William W. Gilleland Appointed April 28, 1864-Xovember 4, 1864.
Nathan P. Willard 1864-68.
Patrick H. Jewett 1868-72.
Charles P. Ferguson 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Patrick H. Jewett ls.">2-.54, resigned.
William Trulock Appointed November 9, 1854-56.
Benjamin F. Walter 1850-00.
John Batt 1800-02.
James A. Ghornitz 1802-66.
Isaac N. Caress 1860-67.
Thomas J. Jackson .\ppointed March IS, 1867-68.
John McCarty 1868-70.
John McCarty 1870-72.
Charles L. Jewett 1872-73.
PRESIDENT JUDGES.
David Raymond December 21, 1816-October 13, 1817, resigned. Sec-
ond circuit.
Davis Flo.vd Appointed October 13, lS17-December 18, 1823.
John F. Ross December 18, 1823; died in office in 1834.
John H. Thompson Aiipointed December 26, 1834-December 30, 1844.
William T. Otto December 20, 1844-October 12, 1852.
The County Courts 601
CIRCUIT JUDGES.
Geurge A. Bickuell October 12, lS52-October 25, 1S7G. The act of
March G, 1ST3, took Clark out of the Second and
put it in the Fourth and Bicknell was transferred
from the Second to the Fourth.
Johu S. Davis October 25. 1S76; died iu office July G, ISSO.
Simeou W. Wolfe Appoiuted July 20, ISSO-November 10, ISSO.
Charles P. Ferguson November 10, ISSO-November 15, 1S92.
George H. D. Gibson November 15, lS92-November 15, 1S9S.
Tames K. Marsh November 15, lS9S-November 15, 1904.
Harry C. Montgomery November 15, 1904; died in office January, 1014.
lames AV. Fortune Appointed .lauuary 23, 1914; term expires Novem-
ber 15, 1020.
PROSECUTING ATTORNEYS.
Johu Kingsbury August 0, 1824-August 14, 1826. Second circuit.
Milton Stapp August 14, lS26-December 30, 1S26.
John Kingsbury December 30, 1S2G-December 30, 182S.
Johu H. Thompson December 30, lS2S-December 30, 1832.
Isaac V. Howk December 30, lS32-June 5, 1833, died.
Charles Dewey Appointed June 5, lS33-June 4, 1S36; transferred
to Supreme court.
Johu W. Payne June 4, 1S.3G-Deeember 12, 1840.
Theodore I. Barnett— December 12, 1840-July 13, 1842, resigned.
William A. I'orter July 13, lS42-December 14, 1844.
Cyrus A. Dunham December 14, lS44-December 14, 1S46.
George A. Bicknell August 15, lS51-October 12, 1S52.
Samuel W. Short October 12, 1852; resigned February 11. 1854.
Patrick H. Jewett Appointed March S, S54-November 19, 1S5G.
Thomas M. Browne November 19, 1S5G- November 7, 1858.
Robert M. Weir November 7, lS5S-November 7, ISGO.
Ambrose B. Carlton November 7, 1860-November 7, 1862.
Thomas M. Browne November 7, lS62-November 7, 1SG4.
Robert M. Weir November 7, lSG4-Noveniber 24, 1870.
Robert J. Shaw November 24, lS70-March 6, 1873. The act of
March 6, 1873, put Clark in the Fourth.
Elias i:. Jlontford March 6, lS73-October 26, 1874.
James K. Marsh October 26, lS74-October 26, 1876.
Mnthew Clegg October 26, lS76-October 26, 1878.
Thomas L. Smith October 26, lS78-October 26, ISSO.
Frank B. Burke October 26, 1880-November 17, 1886.
George H. Voigt November 17, lS86-November 17, 1S90.
George E. Coll November 17, 1890-Noveniber 17, 1S92.
Edgar A. Howard November 17, 1S02- November 17, 1896.
Harry C. Jlontgomery- November 17, ISOG-January 1, 1901.
Frank M. Mayfield January 1, 1901-Jauuary 1, 1905.
602 Courts and Lawyers of Indiana
Charles K. ZoUman January 1, 1905-Jauuary 1, 1909.
George C. Kopp January 1, 1909-January 1, 1913.
Warren B. Allison January 1, 1913-January 1, 1917.
FLOYD-CLARK CRIMINAL COURT.
A Criminal court for the counties of Floyd and Clark was
created as the Twenty-seventh circuit by the legislative enact-
ment of April 23, 1869, and abolished on February 8, 1877.
During the period of its existence it was served by the fol-
lowing Judges : John H. Butler, the first Judge of the newly
organized circuit, was appointed on April 28, 1869, by Gover-
nor Baker ; Judge Butler was succeeded by Melville C. Hester,
who served from April 29, 1870, to October 26, 1870, at which
time Cyrus L. Dunham ascended the bench for a four-year
term ending October 26,1874. Thomas L. Smith, Jr., followed
Judge Dunham and continued in office until the court was
abolished on February 8, 1877.
Clay County.
Clay county was the only one organized in 1825, beginning
its formal career on April 1 of that year. Few counties in
the state have had more exciting times in getting their coun-
ty seat located than Clay county, and, although it has only
had two county seats, it has had half a dozen other towns
laid out with the intention of making them the county seat.
When the county was organized. Bowling Green was selected
by the locating commissioners as the seat of justice and here
it remained for half a century. During this fifty years sev-
eral other towns made ineff'ectual eff"orts to secure the county
seat, but it was not until Brazil came to the front in the early
part of the seventies that Bowling Green lost the county seat.
As early as 1838, two towns were aspiring for county seat
honors, Aquilla and Jonesboro. Bellaire (in 1852) and Ash-
boro (in 1858) were two other towns which had visions of
the court house standing in their public squares. Two efl'orts
by legislative acts were made to secure a relocation of the
county seat before the seventies. The act of February 13,
1843, provided for an election on the first Monday of August,
1843, to vote on the question of relocation and, although the
The County Courts 603
vote has not been obtained, it is known that Bowling Green
did not lose the county seat. On November 30, 1851, the
court house with all the county records v/ere burned and a
fight was at once launched to choose a new county seat, Bel-
laire being the chief contender. On February 23, 1853, the
advocates of relocation got an act through the Legislature
providing for relocating commissioners to choose a new seat
of justice, but for a second time Bowling Green came out
ahead and at once put up a "fine, substantial court house,"
which cost the county ten thousand dollars. Nearly twenty
years were to elapse before another effort was made to move
the county seat. In 1871 the advocates of relocation circu-
lated petitions asking that the seat of justice be located at
Brazil. Sufficient signers were secured to bring about the
removal and in 1872 the county seat was ordered removed
to its present location. It was several years before suitable
buildings were erected and it was not until January 26, 1877,
that the records were transferred from the old court house
at Bowling Green to the new one at Brazil.
ASSOCIATE JUDGES.
Willhim Maxwell Tune 6, 1S25.
Daniel Walker .Juue 6, 1825.
Philip Hedges Sleptember S, 1826.
David Cliristy Vugust 27. 1S27; resigned December 30.
Sanuiel Risley Vugust 27. 1827.
Daniel Wools March 4. 1S.31 (special election), to fill vacancy
of David Christy (resigned), to serve seven years
from Januai-y 6, 1825.
Samuel Risley September 22, 1831, to serve seven years from
June 10, 1832; resigned.
Daniel Wools September 22. 1831. to serve seven years from
June 10. 1832; resigned.
Xicliolas G. Cromwell— .Vugust 20. 18.33, vice Samuel Itisley (resigned), to
serve seven years from .Tune G, 1S32.
Nicholas G. Cromwell— Vugust 10. 1839.
William Tocom Vugust 19, 1839; died May, 1S41.
John T. Alexander Vugust 16, 1841, to serve seven years from June 6,
1839, vice William Tocom, deceased.
Fergus Snoddy Vugust 21, 1845, to serve seven years from June 6,
1846.
(»w;'n Thai-pe Vugust 21, 1845, to serve seven years from June 6.
:S46.
604 Courts and Lawyers of Induna
probate judges.
Daniel Cbase September 22, 1S31, resigned.
Jesse S. Burton April 23, 1S32, appointed.
Jesse S. Burton August 24, 1832, resigned.
Eobert W. Crooke August 29, 1833, to serve seven years from date,
vice Jesse S. Burton, resigned.
Jared Payton Dec-ember 12. ISo-l. appointed vice Robert W.
Crooke (resigned), to serve until the first Mon-
day in August, 1S35.
Jared Payton August 14, 1S35; resigned Jlay, 1S3S.
Samuel Miles May 28, 1838, appointed, vice Jared Payton, re-
signed.
William D. Farley March 10. 1842, appointed, vice Samuel Miles (re-
signed), to serve until the first Monday in August,
1842.
Daniel Harris August 16, 1842, to serve seven years from date.
Jesse Mclntire August 20, 1849, to serve seven years from date;
died prior to November 7, 1850.
John Lewis November 11, 1850, appointed, vice Jesse Mclntire,
deceased.
Athel Staggs August IS, 1S51, to serve seven years from date.
COMMON PLEAS JUDGES.
William M. Frankliu___ 1852-56.
Frederick T. Brown 1856-64.
William M. Franklin 1864-68.
Harry Burns lSGS-73.
DISTRICT PROSECUTING ATTORNEYS.
Fred T. Brown 1S.j2-54.
Oliver H. P. Ash 1854-50.
Michael Malott 1N50-5S.
George W. Throop 1858-00.
Harry Burns 1860-62.
Samuel W. Curtis 1862-64.
Patrick Harvey 1864-66.
John C. Robinson 1806-68.
Courtlaud C. Matson 1868-72.
Samuel M. McGregor... 1872-73.
PRESfDENT JUDGES.
John It. Porter April 1, lS25-January 20, 1830. The act of Janu-
ary 20, 1830, took Clay out of the First and put it
in the Seventh.
John Law Appointed January 25, 1830-August 10, 1831, re-
signed.
General W. Johnston___App(iinted August 10, 1831-January 21, 1832.
Amory Kinney January 21, lS32-Jauuary 25, 1837.
The County Courts 605
Elisha M. Huntington.. Janunry 25, 1S37; resigned July 12, 1S41.
William P. Bryant Appointed July 12, lS-11-January 25, 1S44.
John Law January 25, 1844; resigned August 31, ISoO.
Samuel B. Gookins Aijpoiuted August 31, 1S50- January 30, 1S51.
Delana K. Eckles January 30, ISol-October 12, 1S52.
CIRCUIT JUDGES.
James Hughes October 12, 1S52; resigned June 20, ISoG. to talie
effect July 2, 1S56. Sixth circuit.
Ambrose B. Carlton Appointed July 2, lS50-Oetober 30, 1S5G.
James JI. flauna October 30, 1856; resigned December 18, 1857.
Solomon Claypool Appointed December 21, ISoT-Xovember C, 1804.
Delana R. Eckles November C, lS64-November C, 1870.
William Ji. Franklin.-. November 6, lS70-iIarcb G, 1873. The act of
March 6, 1873, put Clay in the Thirteenth.
Solon Turman_. Appointed March 12, 1S73 ; resigned March 25,
ISSl.
Silas D. Coffey .Vppoiuted March 25, ISSl-November 16, ISSS.
Samuel M. McGregor... November IG, 18S8-November 16, 1900.
Pressly O. Colliver November 16, 1000-November IG, 1906.
John M. Eawley November 16, 1906; term expires November IG,
1918. The act of February 27, 1911, made Clay
the sole county in the Thirteenth, where it has
since remained.
PROSECUTING ATTORNEYS.
John Law April 1, 1825-January 20, 1830. The act of Janu-
ary 20, 1830, took Clay out of the First and put
it iu the Seventh.
E. M. Huntington January 25, lS30-January 25, 1832.
John H. Dowden January 25, 1832-April 9, 1833, died.
Erasmus H. McJunkiu. Appointed April 9, lS33-August 14, 1834, died.
John Cowgill Appointed August 14, 1834-December 4, 1834.
David McDonald December 4, 1834-August 17, 1837. resigned.
John Cowgill Appointed August 17, 1837-February 13. 1838.
Delana K. Eckles February 13, 1S3S; resigned February 15, 1841.
Edward W. McGaughey. Appointed February 15, lS41-August 10, 1S42. re-
signed.
George F. Waterman... August 10, 1842-December 15, 1842.
John P. Usher December 15, 1842-December 15, 1844.
James M. Hanna December 15, 1844-December 15, 1846.
James C. Allen December 5, lS46-Deeember 15, 1848.
Harvey D. Scott August 19, 1851-October 12, 1852.
William E. McLean October 12, 18.52-November 7, 1854. Sixth circuit.
Ambrose B. Carlton November 7, 1S54 ; resigned March 29, 1855.
Theodore Read Appointed April 3, 1855; resigned August 2, 1855.
Francis L. Neff Appointed August 6, lS55-November 2, 185C.
Milton S. Osborn November 2, 185C-November 6, 1858.
606, Courts and Lawyers of Indiana •
Isaac N. Pierce November C, ISoS-November 6, 1S60.
Willis G. Ne£f November 6, ISGO-November 6, 1S64.
Michael Malott November 6, lfSG4-Xovember C, 1S6G.
Jacob S. Broadwell November C, ISOG-November 6, 1868.
Jobu C. Robinson November 6, 18GS-November 1, 1872.
Courtland C. Matson.__ November 1, 18T2-Marcli 6, 1873. Tbe act of
Jlarcb 6, 1873, put Clay in tbe Thirteenth.
Daniel W. Comstock March 6, 1873-November 6, 1874.
W. 11. Guthrie November 6, 1874-November 26, 1S7G.
Tarviu C. Groombs November 26, lS76-October 24, 1878.
Charles E. Matsou October 24, lS78-November 17, 1882.
Samuel 51. McGregor.. -November 17, lSS2-November 17, ISSG.
Pressley O. CoUiver November 17, ISSG-November 17. 1800.
Frnnli A. Horner November 17, ISOO-November 17, 1804.
H. C. Lewis November 17, lS94-November 17, 1896.
JohnM. Rawley November 17, lS96-January 1, 1901.
Smith C. Matson January 1, 1901- January 1, 1905.
Curtis G. Scofield January 1, 1905- January 1, 1907.
Jnmes P. Hughes .January 1. 1907-January 1, 1911.
S. Walter Lee January 1, 1911-January 1, 1913.
Bernnrd Robinson January 1. 1013-January 1. 1915.
John W. Baumunb January 1, 1015; term expires Januai-y 1, 1917.
Clinton County.
Clinton county was organized by the Legislature with the
act of January 21, 1830, the act becoming effective on the
first of the following March. The village of Jefferson, four
miles west of the present city of Frankfort, was the tem-
porary county seat until the proper buildings were erected
at Frankfort. The latter was chosen as the seat of justice
by the locating commissioners, and the county agent was or-
dered on May 19, 1830, to have the townsite surveyed and
laid off into lots ready for sale. A log court house was built
at once and court convened for the first time in it in April,
1831. It was attached to the First judicial circuit, of which
Carroll, Cass, Vermillion, Clarke, Montgomery, Fountain,
Warren, Tippecanoe and St. Joseph counties were made a
part.
The first court in Clinton county convened October 18,
1830, at the house of John Ross in Jefferson, there being no
court house erected at that time. Thomas R. Evans was ap-
The County Courts 607
pointed Prosecuting Attorney pro tem and the grand jury
returned one indictment.
John R. Porter, the first Judge of the Clinton circuit
(1830-38) came from an old English family. He was born
at Pittsfield, Massachusetts, February 22, 1796. He was a
graduate of Union College, at Schenectady, New York, and
there received the degree of Master of Arts. In 1820 he immi-
grated to Paoli, Orange county, Indiana, and, after his mar-
riage, was elected county clerk and postmaster and finally
President Judge of the first circuit. Thereupon, he moved to
Eugene township, Vermillion county. He was a scientific
farmer and raised fine wooled sheep, cultivated sugar beets,
Baden corn and hemp. He was a fluent writer and conver-
sationalist. His district as Judge extended from the Ohio
river to Lake Michigan.
Isaac Naylor, of Crawfordsville, was the second Judge of
the Clinton Circuit court, succeeding Judge Porter in 1838.
He was a native of Rockingham county, Virginia, and had
immigrated with his parents to Kentucky in 1793 and to In-
diana in 1805. He settled near Charleston, where he studied
law and where later he engaged in the practice. He was mar-
ried in 1826, and in 1833 settled in Crawfordsville, where he
resided until his death in 1873. Judge Naylor was at the
battle of Tippecanoe in 1811. He served as Circuit Judge
from 1837 to 1852.
William Perkins Bryant, of Rockville, the third Circuit
Judge of Clinton county, served as Circuit Judge in the Rock-
ville circuit from 1842 to 1844, with R. H. Wedding and W.
C. Donaldson as Associate Judges. After that, he immigrated
to Oregon, where, in 1848, he was made Chief Justice of Ore-
gon territory. He returned to Indiana in 1852 and, at the
first election under the new Constitution, defeated Judge Nay-
lor for Circuit Judge. He held the office for six years and
died at Rockville, October 9, 1860.
John M. Cowan, of Frankfort, the fourth Circuit Judge,
was elected from Clinton county. When the state capitol was
located at Indianapolis in 1820, the Cowans and Maxwells,
Judge Cowan's mother being a Maxwell, moved to Indianap-
olis. They were among the earliest settlers. Judge John M.
608 Courts and Lawyers of Indiana
Cowan was born in Indianapolis, December 6, 1821, and moved
Avitli his father in 1822 to a farm near Crawfordsville. Judge
Cowan graduated from Wabash College in 1842 and shortly
afterwards was appointed deputy clerk of Clinton county.
He studied law during his spare moments and graduated from
the law school of the State University in 1845, after a course
of one year. He then opened an office in Franklin, and after
his marriage formed a partnership with James F. Suit. In
1858 Cowan defeated William P. Bryant and in 1864 was re-
elected without opposition. In 1870, at the close of his term,
Judge Cowan located at Crawfordsville and practiced law for
a time with Thomas T.I. Patterson, latev United States Sen-
ator from Colorado. Two years later he entered a new firm
with M. D. White and James E. Cowan, his second son. This
partnership arrangement continued for three years. He then
retired from the general practice and became assistant cash-
ier and attorney for the First National Bank of Crawfords-
ville, where he continued until 1881, when he moved to Spring-
field, Missouri. Judge Cowan lived to be the oldest living
graduate of Wabash College.
Thomas F. Davidson, of Covington, the fifth Judge of the
Clinton Circuit court, was a native of Covington, born there
February 17, 1839. Having studied law under the direction
of Gen. Lew Wallace, he opened a law office in Covington in
1861. In 1870 he was elected Judge of the Circuit court, de-
feating Joseph H. Brown, of Williamsport. In 1873 the cir-
cuit was changed, Clinton county being placed in the Twen-
tieth circuit with Boone. Judge Davidson was transferred to
the Twenty-first circuit (Fountain, Warren and Vermillion)
by this act. At the end of his first term he was re-elected
and, at the close of his term in 1882, re-engaged in the prac-
tice of lavv'. In 1886 Judge Davidson moved to Crawfords-
ville and formed a' partnership with Francis M. Dice, later
reporter of the Supreme Court of Indiana. Several years
later he was in partnership with Judge Jere West. Judge
Davidson died on May 19, 1892.
Truman H. Palmer, the sixth Circuit Judge, was bom near
Henry county, Kentucky, November 28, 1827. He worked on
a farm until twenty years old and then taught school and read
The County Courts 609
law. He began the practice of law at Frankfort in 1858 and
from 1862 to 1866, served as County Surveyor. He repre-
sented Clinton county in the Legislature in 1869. In 1870 he
was elected Judge of the Common Pleas court, serving until
the court was abolished in 1873. On March 12, 1873, Palmer
was appointed by Governor Hendricks as Judge of the new
Twentieth circuit, including Clinton and Boone counties. In
1873 he was elected and served until 1879. After leaving the
bench, Judge Palmer practiced at Frankfort until his death,
November 18, 1903.
Thomas J. Terhune, the seventh Judge of the Clinton Cir-
cuit court (1879-83) was a native of Greene county, Indiana,
and was graduated from Indiana University in 1873 and from
the law school in 1874. After locating at Lebanon, he engag-
ed in the active practice of his profession. In 1883 the Leg-
islature made Clinton county a separate circuit. Judge Ter-
hune being left on the Boone circuit bench, where he contin-
ued to serve until 1888. He then resigned the judgeship and
formed a partnership with Barton S. Higgins, of Lebanon.
Joseph C. Suit, of Frankfort, the eighth judge of the Clin-
ton Circuit court, was the first who was born in Clinton coun-
ty. When Clinton county became a separate circuit — the for-
ty-fifth — in 1883, Governor Albert G. Porter appointed
Suit to serve until the next election and he filled the office
satisfactorily from March 2, 1883, to November, 1884, after
which he resumed the practice. He served as County Attor-
ney from 1889 until his death, October 27, 1897. Judge Suit
w^s an adjutant in the Tenth Indiana Volunteer Infantry
during the Civil War.
Allen E. Paige, the ninth Circuit Judge, a native of Rhode
Island, was born March 15, 1840. He graduated from the
Albany Law School at Albany, New York, in 1865. After
reading law for a brief period in the office of Judge J. M.
Larue, at Lafayette, he moved to Frankfort and for a time
taught school. From 1867 to 1870 he edited the Frankfort
Crescent and afterward engaged in the practice of law with
Judge Joseph Claybaugh. Later he practiced with other per-
sons and, in 1876, was elected to the State Legislature as a
(39)
610 Courts and Lawyers of Indiana
Democrat, serving during the session of 1877. Judge Paige
was elected Circuit Judge in 1884 and held the office until
November, 1890. Judge Paige died in Indianapolis, February
26, 1896.
Samuel H. Doyal, the tenth Circuit Judge, was a native of
Kentucky, but grew up in Boone county, Indiana. He taught
school and read law and, after attending the law school of
the University of Michigan, located at Frankfort in 1865.
Judge Doyal was appointed Prosecuting Attorney of the Com-
mon Pleas court by Governor Conrad Baker in 1867 and a
little later was elected to the office, serving until 1870. After-
ward he practiced law with Perry W. Card until his election
to the bench in 1890. Judge Doyal died in Frankfort, January
18, 1897.
James V. Kent, who was elected Judge of the Clinton
Circuit court in 1896, served until 1902, when he was defeat-
ed by Judge Joseph Claybaugh. Judge Claybaugh served
until 1908, when Joseph Combs, the present incumbent, suc-
ceeded to the office. Combs was re-elected for a second term
of six years in November, 1914.
Before his elevation to the bench. Judge Kent served as
Prosecuting Attorney and as a member of the state Senate.
After retiring from the bench, he formed a partnership with
Thomas M. Ryan. Judge Claybaugh was educated at Miami
University and came to Frankfort in 1857, reading law in
the office of R. P. Davidson. Judge Combs, the present incum-
bent, the thirteenth Circuit Judge, is the third native of Clin-
ton county to hold the office. He read law in the office of Judge
Joseph C. Suit, and was admitted to the bar in 1886.
Among the early lawyers of Clinton county was Addison
L. Roache, who came to Frankfort from Rockville in 1839.
He practiced in Frankfort for more than a year and then re-
turned to Rockville. Subsequently he was elected a member
of the Indiana General Assembly and later served as a Judge
of the Supreme court from 1853 to 1854. After his term as
Judge expired, he located in Indianapolis, and was a partner
in the practice of law with Senator Joseph E. McDonald.
Judge Taylor came to Frankfort from Goshen, Indiana, and
practiced at Frankfort for four years, when he moved to
The County Courts 611
Alabama and later to Brooklyn, New York, from which place
he was elected to Congress. Still later he moved to Washing-
ton, D. C. Samuel D. Maxwell, the first clerk of Clinton
county, who held the office for fourteen years and who began
the practice of law in 1843, moved to Indianapolis in 1854 and
served as Mayor of Indianapolis from 1858 to 1863. Leander
McClurg, a native of Dresden, Ohio, came to Frankfort in
1850, and read law with Judge Cowan and later with Judge
Blake. He practiced law for a time, but later purchased the
Frankfort Crescent in partnership with Joseph T. Pressly,
another lawyer, and edited the paper until the close of Sep-
tember, 1856, at which time he was elected Prosecuting At-
torney of the Carroll and Clinton Circuit court. In 1860
he was elected a representative from Clinton county in the
State Legislature. In 1862 he was a Senator from Clinton
and Carroll, making a record in the Legislature as a "War
Democrat," and gaining the lifelong friendship of Governor
Morton. He was a delegate to the Baltimore convention in
1872, a candidate for Congress in 1874 and was his party's
nominee for Circuit Judge at the time of his death, June 24,
1884.
Heniy Y. Morrison, who did not begin the practice of law
until he was thirty-eight years old, became very successful.
His sons, J. W. Morrison and Martin A. Morrison, the present
Congressman of the Ninth district, maintain the tradi-
tions of the Morrison family. Robert P. Davidson, a native
of Kentucky and a graduate of Miami University, who was
admitted to the Clinton county bar and who practiced in
Clinton county for a number of years later, moved to Lafay-
ete and became a prominent attorney there. He died there
April 14, 1909. Perry W. Card, John Q. Bayless, 0. E. Brum-
baugh not only were successful lawyers of the Clinton county
bar, but were also mayors of Frankfort.
Capt. James N. Sims, who for many years was the nestor
of the Clinton county bar, was born at Connersville, January
5, 1817, and was the son of Stephen Sims, who came to Brook-
ville, Indiana, from Tennessee in 1811. After residing in
Fayette and Rush counties, the family settled in Boone coun-
ty in 1834 and this became their permanent residence. Steph-
612 Courts and Lawyers of Indiana
en Sims filled several public positions and was a delegate to
the Constitutional Convention of 1850. James N. Sims worked
on his father's farm and attended Asbury (now DePauw)
University for one year. He taught school for ten years and
during the time studied law. He was admitted to the Clinton
county bar in April, 1844, and four years later opened an
office in Frankfort, continuing in the practice at Frankfort
for more than a half century, a part of the time being in part-
nership with his brother, Cicero Sims, v/ho was noted as a
"'mighty hunter" in the early days. Capt. James N. Sims was
a delegate to the Republican National Convention in 1860 and
supported Abraham Lincoln for the presidency. During the
Civil War he and five of his brothers served in the Union
army. Capt. James N. Sims enlisted September 16, 1862, in
Company I, One Hundredth Indiana Infantry, and was com-
missioned captain of the company. His health having failed,
lie was discharged August 11, 1863, and then returned to
Prankfort and resumed his professional work. Frederick
Sims, his son, has served as Mayor of Frankfort, as Secre-
tary of State and as a member of the Indiana State Board
Tax Commissioners.
ASSOCIATE JUDGES.
Jobu Ross April 26, 1830; resigned, March. 1S34.
Samuel Mitchell April 26, 1S30.
Joseph Wood August 14, 1S32, vice John Koss (resigned), to
serve seven years from April 26, 1S30.
John Brown August 16, 1S36, to serve seven years from April
26. 1837.
John F. Aughe August 16, 1S36, to serve seven years from April
26, 1837.
Cyrus r. Pence August 10, 1813, to serve seven years from April
26, 1844.
Thomas Kinnard \ugust 10, 1843, to serve seven years from April
26. 1.S44 : resigned, July, 1S47.
VTames Furdum, Jr Oitolier 16, 1847, to serve seven years from Ajiril
26, 1844, vice Thomas Kinnard. resigned.
.Tames Purdum, Jr. Vugust 22, 18.50, to serve seven years from April
26, 1850.
Michael L. Hinton August 22, 1850, to serve seven years from April
26, 1850,
The County Courts 613
PROBATE JUDGES.
William Douglass Noveuiljer 4, 1S30.
Nathan Kirk August IS, 1S32.
William Douglass August 15, 1S39.
William Douglass August 15. 1S4G; removed from county prior to
April 17, 1851.
Noali T. Catterlin April 17, IS.Til. appointed.
Edwin Winship Auj;ust 2G. 1851. to serve seven years from date.
COMMON PLEAS JUDGES.
Jolm W. Blake 1852-50. resigned.
Robert P. Davison Appointed August 20, lS50-October 28, 1S5G.
Jonathan C. Applegate— l^nO-Gii.
John Green lsi;i)-(;4.
Nathaniel R. Lindsey__l^(i4-(:."i. resii.'ne<L
William Garver Vpiioim,.,! FcPrnary 4. 1805-67.
Thomas J. Cason ApiKiiuu-a March 14. 1807-71.
Truman H. Talmer 1871-73.
DISTRICT PROSECUTING ATTORNEYS.
Robert P. Davissi.n l>C,--.-o, resigned. ':
Leander JIcCluiiu- Vpncinted August 25. 1S5G-58.
John B. Kane l^.'iS-Cd.
Nathan W. Gordon Isiui-Ol.
Joel Stafford '1ni;1-02.
Thomas S. Underhill___lM;2-04.
James A. Strech 1804-66.
Levi Farley 1.800. resigned.
August F. Shirts Apiioiuted November 17, lSGO-07. Act of JlarcU 11,
1NC,7. jil.-iced Clinton in Twenty-fourth district.
Samuel H. Doyal Ap|iolnted .March 14, 1807-70.
James ^'. Kemp 187(1-72.
Gilliert H. Goodwin 1S72-73.
PRESIDENT JUDGES.
From the time of the organization of Clinton countyv
March 1, 1830, until the adoption of the new Constitution in
1852, it was in the First circuit and only two Judges served:
on the bench of the Circuit court in this county. John R.
Porter was on the bench of the First at the time of the o"
ganization of the county and served until January 27, 1838,
when he was succeeded by Isaac Naylor, who served until the
new Constitution went into effect on October 12, 1852.
614 Courts and Lawyers of Indiana
CIRCUIT JUDGES.
William p. Bryant October 12, lSo2-November 1, 185S. Eighth cir-
cuit.
John M. Cowau November 1. lS5S-November 1, 1870.
Thomas F. Da vidson__ November 1, lS70-March 6, 1873. The act of
March 6, 1873, put Clintou in the Twentieth.
Truman H. Palmer Appointed March 12, 1873-October 2i, 1879.
Thomas J. Terhune— October 24, lS79-March 2, 1883. The act of March
2, 1883, made Clinton the sole county of the Forty-
fifth, where it has since remained.
Joseph C. Suit Appointed March 8, lS83-November 12, 1SS4.
Allen E. Page (November 12, lSS4-November 12, 1800.
Samuel H. Doyal November 12, 1890-November 12, 1896.
James V. Kent -November 12, 1896-November 12, 1902.
Joseph Claybaugh November 12, 1902-November 12, 1908.
Joseph Coombs November 12, 1908; term expires November 12,
1920.
PROSECUTING ATTORNEYS.
Edward A. Haunegan-March 1, lS30-January 25, 18.32. First circuit.
Andrew Ingram January 25, 18o2-Jauuary 23, 1834.
William P. Bryant January 23, 1834-January 23, 1838.
Joseph A. Wright January 23, 1838-December 5, 1839.
Samuel C. Wilson December 5, lS39-September 4, 1843, resigned.
Joseph E. McDonald— Appointed September 4, lS43-September 19, 1847.
Lew Wallace August IS, lS51-May 14, 1853. The act of June 17,
1852, put Clinton in the Eighth and transferred
Wallace from the First to the Eighth.
Daniel W. Voorhees— ...May 14, 1853; resigned July 24, 1854.
Samuel L. Telford Appointed July 24, 1854-November 7, 1854.
Charles A. Naylor November 7, 1854-February 9, 1855.
James M. Allen Appointed February 20, lS55-May 30, 1856.
Henry Shannon Appointed May 30, 1856-November 2, 1856.
Thomas N. Rice November 2, lS56-November 12, 1858.
Robert W. Harrison— -November 12, 185S-November 12, 1862.
Samuel F. Wood November 12, 1862; resigned October 12, 1868.
Horton C. Patterson___ Appointed October 12, 1868-November 3, 1868.
Robert B. F. Peirce— November 3, 1868-March 6, 1873. The act of
JIarch 6, 1873, i>ut Clinton in the Twentieth.
Gilbert H. Goodwin Appointed March 12, 1873-October 24, 1873.
William B. Walls October 24, lS73-October 24, 1875.
Henry C. Wills October 24, 1875-October 24, 1877.
William R. Moore October 24, 1877-October 24, 1881.
Francis M. Charlton— -October 24, ISSl-March 2, 1883. The act of March
2, 1883, made Clinton the sole county of the Forty-
fifth, where It has since remained.
William R. Hines JAppointed March 2. 1883-November 14. 1884.
The County Courts 615
William A. Staley Xoveniber 14, 1884-November 14, 1SS6.
Mauford B. Beard November 14, ISSS-Xovember 14, 1890.
Joseph Combs November 14, ISOO-November 14, 1802.
N. B. Claybaugh November 14, lS02-November 14, 1896.
William L. Palmer November 14, lS96-November 14, 1898.
William S. Sims November 14, 1898-January 1, 1901.
Arthur L. McGuire Jauuuary 1, 1901-January 1, 1903.
George V. Moss January 1, 1903-January 1, 1907.
William Robinson ^^Jauuary 1, 1907-January 1, 1911.
Dallas S. Holman January 1, 1011; resigned September 25, 1911.
Charles G. Gunter ..Appointed September 25, 1911; term expires Jan-
uary 1, 1917.
Crawford County.
Crawford county was organized by the Legislatui'e on
January 29, 1818, and the act became effective on the 1st of
the following March. Prior to this time the county had been
a part of Harrison county, which had been organized Octo-
ber 11, 1808. Probably no county in the state has had so
much difficulty in getting its county seat located as has Craw-
ford, and, owing to the fact that the early records are not com-
plete, it is practically impossible to trace the various struggles
through which the county has gone in an effort to get its coun-
ty seat located.
The commissioners who were designated in the act creat-
ing the county to locate the seat of justice, selected Mount
Sterling, which at that time was the only village platted in
the county. Within three years, however, the citizens of the
county appealed to the Legislature for an act providing for
the relocation of the seat of justice, and the act of December
21, 1821, specifically said that the county seat was to be moved
from "Mountsterling." It was taken to Fredonia, a town on
the Ohio, and it seems to have been kept there until 1843. At
least an act of the Legislature passed January 4, of that year,
provided for its removal from that place. The third county
seat was Leavenworth, and in this village a solid stone court
house was erected in 1848 at a cost of five thousand dollars.
The next chapter in the history of the county seat opened
in 1893. A short time prior to this date, the Southern rail-
road had been built through the county and the citizens at
once began to agitate the removal of the seat of justice to some
616 Courts and Lawyers of Indiana
site on the railroad. The present town of English had been
laid out on the railroad under the name of Hartford, but
while William H. English was in Congress he obtained the
location of the postoffice at Hartford and, in recognition of
his efforts in this direction, the citizens of the town changed
its name to English. It was this place which was to become
the fourth county seat, but it was not until after a struggle
which has no parallel in the history of Indiana.
In October, 1893, a meeting was held at English by the
most enterprising citizens of the northern part of the county,
at which time a committee composed of William F. Richards,
William T. Beasley and William T. Carr was chosen to lead
the fight for relocation. During the fall of this year, James
R. Pro bought the Mareyigo Observer, moved it to English
and changed its name to the English Neivs. Pro at once opened
up the county seat question and, of course, advocated its im-
mediate removal from Leavenworth to English.
The committee which has been appointed to take charge
of the fight employed Judge Charles Jewett, of New Albany,
and Judge C. W. Cook and Major W. Funk, of Corydon, to
represent the interests of the English advocates. The com-
mittee next appointed petitioners in all of the northern town-
ships of the county and another corps of petitioners at large,
who were to secure the names of all those in favor of the
removal. Among the men who were selected to do this work
were R. L. and G. W. Sloan, W. W. Temple, T. B. Cummins,
M. J. Brown, Dr. C. D. Luckett, H. A. Brown, H. J. Brown,
J. R. Crews and William and John Luckett. Each petition
provided for twenty-five signatures and when they were filled,
they were returned in person by the ones securing the signa-
tures and sworn to before A. J. Goodman, a notary public.
Goodman handled all of the petitions and turned them over to
J. R. Pro and W. W. Temple, who verified them and then
returned them to Goodman, who placed his signature to them
and filed them in his office. All of this work was done in
November, 1893, and the net result showed a majority of the
qualified voters of the county in favor of moving the seat of
justice to English.
Now follows the most exciting struggle which has ever
The County Courts 617
been witnessed in the state. On the first Monday of Decem-
ber, the English adherents, armed with these petitions (and
so some say, with more formidable weapons), formed what
might be called a skirmish line, reaching across the county
from east to west, and on that memorable day made a drive
for Leavenworth to meet the county commissioners, Amos
Adkins, James G. Thurston and A. J. Scott. In the course of
their trip across the county they gathered the names of an
additional one hundred and eighty petitioners, which, with
those already secured, gave the English people a handsome
majority in their favor. On their arrival at Leavenworth, at
two o'clock on the same afternoon, they at once entered a
motion to file with the first petitions the names of those se-
cured on their rush across the county that day. The real
fight was now on.
The remonstrators, that is, those who were opposed to re-
location, were represented by Robert J. Tracewell, of Cory-
don, and J. L. Suddarth and John H. Weathers, of Leaven-
worth, while the English followers were represented, as here-
tofore mentioned, by Charles Jewett, C. W. Cook and W.
Funk. For two hours and a half a wordy encounter was en-
gaged in and at half -past four the commissioners announced
that they would grant the prayer of the petitioners. But the
Leavenworth citizens were not disposed to abide by the deci-
sion of the commissioners. They at once took an appeal from
this decision to the Crawford Circuit court, got a change of
venue to the Harrison Circuit court and from there they fin-
ally took it to the Washington Circuit court, where it was
tried before Judge Davis, an Appellate Judge. The trial
which followed was filled with dramatic incidents. The peti-
tioners had a large map of the county made by the county
superintendent, Charles Robertson, in which he had located
every town, school house and church in the county. This map
was placed on the court room floor before the witness chair,
in plain view of the jury and witnesses. The map proved to
be of wonderful help in furthering the cause of the English
people. Three weeks of legal warfare ensued, but the Leav-
enworth lawyers could not save the county seat for their cli-
ents. The English advocates had won every contest from the
618 Courts and Lawyers of Indiana
commissioners' court to this final decision and were naturally
very jubilant over their success.
It seemed that the struggle was over, but, although Eng-
lish had been declared the county seat, the town did not yet
actually have the county records in its possession, nor, of
course, was there a court house or any suitable building to
receive them. The committee in charge of affairs at English
at once began to build a court house, but they had only fairly
got started when the Leavenworth adherents filed an injunc-
tion which stopped everything. It was claimed that the coun-
ty was so heavily in debt that the building of a new court
house, such as had been planned by the county commission-
ers, would completely exhaust the county treasury. Neverthe-
less, the injunction was finally set aside and the work of
building the court house pursued with renewed vigor.
It is interesting to note in this connection that the court
house was not built in the town of English. At this time there
was a law which provided that no county seat could be relo-
cated within four miles of the county line, and, unfortunately,
English was less than four miles from the northern boundary
of the county. But this did not dampen the ardor of the citi-
zens of English. They selected a site on the top of a hill a
half mile south of the town, trusting that the town would
eventually grow until it included the court house site. An-
other reason for locating the court house outside of the town
limits was the fact that the title to the land on which the town
of English was built was faulty and it was very evident, in
view of all that had transpired, that the new court house must
be erected on land for which a clear title could be secured.
The new court house was sufficiently completed in April,
1894, so it could be utilized and now the question arose as to
the securing of the county records. On Saturday, April 24,
1894, the committee of English citizens who had been manag-
ing the coui^t house fight held a meeting to decide upon some
definite plan of action. They felt that the Leavenworth peo-
ple would not surrender the records without a struggle and
they wanted to be prepared for any emergency which might
arise. At this crisis an old soldier of the Civil War, A. J.
Goodman by name, offered to engineer the removal of the
The County Courts 619
records. At this meeting, just mentioned, Goodman asked
the committee, through R. L. Sloan, to resign, which they
promptly did, and then Sloan moved that the whole matter
be entrusted to Goodman. The committee evidently had suf-
ficient faith in the ability of Goodman to get the records and
when he laid his plan of action before them, they gave their
consent.
Goodman informed the committee that he was going to
descend in semi-military fashion on Leavenworth on the fol-
lowing Monday and get the county records, even if it was
necessary to resort to actual warfare. On the night of April
24, 1894, the campaign was worked out in detail. All of the
saloons in English were ordered closed until Monday evening
and every man who enlisted pledged himself to abstain from
any intoxicating liquors until Monday night. Goodman fig-
ured that by that time the county records would be safely de-
posited in the new court house in English.
On this Saturday night, horsemen were sent to all parts
of the county, soliciting two-horse wagons, horseback riders
(who, by the way, were instructed to arm themselves), and
every man who was in favor of the removal. This army was
to assemble at English on Sunday, April 25, 1894, at noon.
The start was set for one o'clock Monday morning. On Sun-
day two-horse wagons, men on horseback, and all armed, be-
gan to pour into English. The wagons were carefully num-
bered and parked and each driver given his number. The
arms and munitions of war were loaded in the front wagon.
Three men, well acquainted with derrick work, were assigned
to wagons which had been fitted up with block and tackle for
loading the heavy safes. Three sledge hammers were pro-
vided and three men were assigned to their use. They were
to be used in case the county officials refused to unlock their
doors, and, for fear that the sledge hammers would not suf-
fice, a few sticks of dynamite were secured and taken along to
be used in an emergency. It was currently reported that the
Leavenworth people would resist any efforts to take the rec-
ords and it was also reported that they had made a veritable
fort out of their court house. Three men were selected to
620 Courts and Lawyers of Indiana
handle the dynamite and one of them was given a nickname
on that account.
At half past twelve o'clock on this eventful Monday morn-
ing, Goodman ordered his cavalry to mount and proceeded to
drill them in true cavalry fashion for half an hour. At one
o'clock sharp the command was given to start and the county
seat army was off for the home of the enemy, fourteen miles
away. At seven o'clock the inhabitants of Leavenworth were
given their first view of the invading army — ninety-six two-
horse wagons, eighty-two mounted and fully armed horse-
men, and foot soldiers to the number of four hundred and
seventy-eight. A committee at once waited upon the county
officials and the latter after sizing up the invaders and not-
ing their strength, promptly informed the committee that the
court house doors would be opened at eight o'clock. As the
town clock tolled the hour of eight, the doors of the court
house swung open and the men, who were delegated for each
separate office, marched in and proceeded to carry out and
load the records. While this was going on, the bulk of the
invaders stood at arms, while the Leavenworth people stood
aghast. And thus the records were secured. After the last
book was in, the cavalcade slowly wended its way out of the
village, and, by five o'clock of this eventful Monday, every
record was safely deposited in English. Thus ended the most
picturesque county-seat fight ever staged in the state.
The first session of the Circuit court of Crawford county
met at Mt. Sterling in December, 1818. The legislative act
of January 28, 1818, divided the state into four circuits and
Cravt^ford, upon its organization the following day, was at-
tached to the Second circuit, which also included Harrison,
Orange, Washington, Jackson, Clark and Jeff'erson counties.
The first President Judge of the circuit was Davis Floyd and
the first two Associate Judges of Crawford county were Hen-
ry Green and James Glenn. David McDonald was the first
Prosecuting Attorney.
ASSOCIATE JUDGES.
Henry Green Mnreli 2, ISIS; resigned, June. 1S20.
.Tnmes Glenn :\rarch 2, ISIS; resigned, July, 1S22.
ilichael Real August 23, 1S20 : resigned, July, 1S22.
i
The County Courts 621
David Stewart August 23, 1822.
Moses Smith August 23, 1S22.
Cornelius Xewkirk November 10, 1S24, appointed, vice David Stewart,
resigned.
C. Xewliirk November 25, 1824, to serve seven years from
February 25, 1825.
Constant Williams November 25, 1S24, to serve seven years from
February 25, 1825.
Elislia Tadlock January 2, 1832, appointed, to serve from JIarch
2, 1832; resigned, July, 1837.
James Tatten August 20, 1838, to serve seven years from JIarch
2. 1S39.
Joseph Denbo Au?.'ust 20, 1^38. to serve seven years from March
2. 1839.
Jacob Poe Xovember G, 1845, to serve seven years from March
2, 1846.
Emanuel Schoonover November 6, 184.5, to serve .seven years from March
2. 1S4G ; resigned in December, ISoO or 1851.
Allen D. Thom JIareb 17. 1851 (special election), to .serve seven
years from March 27, 1846, vice Emanuel Schoon-
over, re-signed.
PROBATE JUDGES.
David Stewart August 11, 1829; resigned July 25. 1833.
Michael Real August 15, 1833, to serve seven years fi'om date.
Richael Real September 25, 1840, to serve seven years from
August 15, 1840; resigned June, 1S4G.
John H. Mcilickle July 30, 1S4G, to serve seven years from date.
COMMON PLEAS JUDGES.
William Morrow 1S52-5G.
Frederick T. Mathis_._lS5G-60.
John J. Key 18G0-G1. resigned.
Charles J. Mason Appointed November 15, 1861-62.
David T. Laird Ajipoiuted November 1. 1862-70. resigned.
Charles J. Mason A]ipointed September 5, 1870-October 24, 1870.
Milton S. Mavity 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
David W. Lafollette 1S52-.54.
Zachariah L. Garriot— 1854-56.
Joel Vandeveer l8.jG-57, resigned.
Zachariah L. Garriot— Appointed November 9, 1857-58.
Hamilton A. McRae_-_ 1858-59.
Benjamin L. Smith 1859-60.
Wiley Adams 1860-62.
William C. Adams 1862-64.
J. J. McAllister 1864-66, resigned.
622 Courts and Lawyers of Indiana
Miltou S. JIavity Appoiuted January 29. ISCC.
Sidney B. Hatfield 1S66-GS.
John W. Buskirk ISOS-O'J, resigned.
William Farrell Appoiuted June 14, ISCO-TO.
John C. Schafer 1870-73.
PRESIDENT JUDGES.
Davis Floyd JIarcli 1. ISlS-December 31, 1S21. The act of De-
cember 31, 1S21, took Crawford out of the Second
and put it in the Fourth.
Richard Daniel December 31, 1821-February 21, 1S22.
James R. E. Goodlet—February 21, lS22-January 25, 1S32.
Samuel Hall January 25, 1832-April 20, 1835, resigned.
Charles I. Battell Vppointed April 20, 1835-December 11, 1835.
Elisha Embree December 11, lS35-January 1, 1846.
James Lockhart January 1, 846 ; resigned September 21, 1S51.
Alvin P. Hovey January 1, 1846; resigned September 21, 1851.
CIRCUIT JUDGES.
George A. Bickuell October 12, 1852-February 22, 1850. The act of
February 22, 1850, took Crawford out of the Sec-
ond and put it in the newly created Fifteenth.
William F. Parrett appointed August 3, 1859; resigned March 10,
1869.
James G. Jones Appointed March 12, lS69-October 24, 1870.
David T. Laird Octolier 24, lS70-October 24, 1876. The act of
March 6, 1873, put Crawford in the Second, and
transferred Laird from the Fifteenth to the Sec-
ond.
John B. Handy October 24, lS76-March 3, 1877. The act of March
3, 1877, put Crawford in the Third.
Thomas C. Slaughter—March 3, 1877; died in office January 28. 1879.
Judge Slaughter had been on the bench of the
Third since October 22, 1873.
George W. Denbo Appointed January 23, 1879-October 22, 1879.
Samuel Ramsey October 22, 1879-Xovember 14, 1884.
William T. Zenor November 14, 1884 ; resigned January 5, 1897.
Robert S. Kirkham Appointed Januai-y 8, lS97-October 22, 1897.
Christ W. Cook October 22. 1897-October 22, 1909. The act of
March 3, 1903, constituted Crawford, Harrison and
Perry the Third, since which time no change has
been made.
William Ridley October 22. 1909; term expires October 22, 1921.
PROSECUTING ATTORNEYS.
Amos Clark August 9, 1824-August 14, 1826. Fourth circuit.
Charles I. Battell August 14, 1826-Deeember 30, 1832.
John Pitcher December 30. lS32-August 10, 1836.
The County Courts 623
Eben D. Edson Apijointed August 10, lS36-Jamiary, 1837.
Jolin A. Breckeuritlge— January, lS37-December 7, 1S3S.
Eben D. Edson December 7, lS3S-December 10, 1S40.
John Pitclier December 10, lS40-August 6, 1S41, resigned.
Jolia lugle August 6, 1841-December 10, 1S41.
James Lockhart December 10, lS41-September 19, 1S45.
Eben D. Edson September 9, 1845-August 27, 1S4G.
Samuel S. DeBruler.__August 27, 1S4G-August 27, 1848.
Andrew L. Robinson—August 23, 1849-September 1, 1851.
Harmon G. Barlcwell— September 1, lS51-October 12, 1852.
Samuel W. Sbort October 12, 1852; resigned February 1, 1S54.
Patrick Jewett Appointed March S, lSo4-November 19, 1850.
Thomas M. Browne November 19, 1856-Xovember 7, 1858.
Robert M. Weir Xowmber 7, lS58-February 22, 1859. The act of
February 22, 1850, took Crawford out of the Sec-
ond and put it in the Fifteenth.
J. M. Sbanklin Appointed August 3, ISoO-November 5, 1861.
Blythe Hines November 5, lS61-JIay 21, 1SG3.
Charles E. Marsh May 21, lS63-November 12, 1864.
Lewis C. Stinson November 12, 1864-November 23, 1865.
William P. Hargrave—November 23, 1865-November 23, 1867.
William Henuing November 23, lS67-October 24, 1870:
Curran DeBruler October 24, 1870-October 21, 1872.
Edwin R. Hatfield October 21. 1872-October 26, 187G. The act of
March 6. 1873, put Crawford in the Second and
transferred Hatfield from the Fifteenth to the
Second.
George L. Reinhard„_October 26, 1876-March 3, 1877. The act of March
8. 1877, put Crawford in the Third.
William T. Zenor Appointed March 10. 1877-November 17, 1882.
Major W. Funk November 17, lS82-November 17, 1886.
George K. Gwartney November 17, 18S6.-November 17, ISSS.
Jerry L. Suddarth November 17, 188S-November 17, 1890.
Christ W. Cook November 17, 1890-November 17, 1894.
A. W. Funkhouser November 17, 1894-November 17, 1896.
Charles L. Fleshman__November 17, 1896-January 1, 1901.
John H. Luckett January 1, 1901-January 1, 1905.
John W. Ewing January 1, 1005-January 1, 1909.
Clyde R. Lottiek January 1, 1909-January 1, 1913.
Charles T. Brown January 1. 1913; term expires January 1, 1017.
Daviess County.
Daviess county was created out of a part of Knox county
by an act of the Indiana General Assembly, approved Decem-
ber 24, 1816. The first building in which court was held in
624 Courts and Lawyers of Indiana
Daviess county, and which, by courtesy, became known as the
court house, was a log structure, the home of Alexander
Bruce. This primitive and temporary temple of justice stood
on the southeast corner of Main and Second streets and was
used for court purposes from April 21, 1817, until 1824, when
the first court house built by the county was finished. James
G. Read, one of the first Associate Justices, and a man who
was prominently identified with the county's early history,
erected the first court house. It was not finished until 1824,
six years after the foundation had been laid.
On April 21, 1817, the first session of the Daviess Circuit
court convened at the house of Alexander Bruce, with William
Prince as President Judge. The two Associate Judges were
William H. Routt and James G. Read. George R. C. Sullivan
was the Prosecuting Attorney. Judge Prince resigned May
16, 1818, and Governor Jennings appointed Thomas Blake to
serve until the Legislature should select a successor. General
W. Johnston was chosen by the Legislature on December 31,
1818, but resigned in the following April. Jonathan Doty
(1819-22), who followed Johnston, found the work of Judge
more onerous than remunerative and resigned in March,
1822. Jacob Call served the following two years, resigning
July 28, 1824, in favor of John R. Porter. The act of January
20, 1830, put Daviess in the Seventh circuit and five days later
the Legislature appointed John Law Judge of the new circuit.
Judge Law resigned in August of the following year and was
succeeded by General W. Johnston, who filled the bench until
January 21, 1832. Amory Kinney succeeded Judge Johnston
and served as President Judge until January, 1837, when
Elisha M. Huntington came upon the bench. Judge Hunting-
ton served until April, 1839, when he was succeeded by David
McDonald, whose term as President Judge continued until
1852, when the new Constitution became eflfective.
The first Circuit Judge under the new Constitution in
Daviess county was Alvin P. Hovey, who began his term on
October 12, 1852, and served until 1854. Hovey was a dis-
tinguished soldier in the Civil War and arose to the rank of
major-general. He was elected a representative in Congress
for the First district in 1886 and, two years later, was elected
The County Courts 625
Governor of Indiana, dying during his term of office. General
Hovey was succeeded as Circuit Judge by William E. Niblack,
who began his term in 1854 and served until his resignation,
October 24, 1857. Judge Niblack represented the First In-
diana district in Congress during the thirty-ninth, fortieth,
forty-first and forty-second sessions, from 1865 to 1873.
Ballard Smith succeeded Judge Niblack on the bench and
served by appointment from October 24, 1857, to November
1, 1858. Michael F. Burke, of Washington, was commis-
sioned Judge of the circuit by Governor A. P. Willard, on
November 1, 1858, and continued until his death. May 22,
1864, after which he was succeeded by James C. Denny, who
was appointed to the position by Governor Morton. In the
following election John Baker was elected Judge of the cir-
cuit and he continued in office until November, 1870, when
he was succeeded by Judge Newton F. Malott, who had been
elected in the fall of 1870. Judge Malott continued as Judge
of the circuit until April 2, 1885, when a change in judicial
districts was made and he became, by virtue of this act, a
resident of another district. By this change Daviess county
became a part of the Forty-ninth judicial circuit and David J.
Hefron was appointed (April 2, 1885) by Governor Isaac P.
Gray as Judge of the new circuit. At the following election,
Judge Hefron was chosen to succeed himself and he continued
in office until 1898, when Hileary Q. Houghton, of Shoals, was
elected Circuit Judge. Judge Houghton served twelve years,
his term ending November 15, 1910, when James W. Ogden,
the present Judge, assumed the duties of the office. Judge
Ogden's term expires November 15, 1916.
ASSOCIATE JUDGES.
JaiiK'S G. Eead April 16, 1817.
William H. Routt April 16, 1817; resigned June, 1821.
riiilip Barton August 27, 1S21; resigned June 25, 1825.
Kpbraim Tliompson —August 27. 1S21.
!:|iliraini Thompson —August 22, 1823.
riiilip Barton August 22, 1823.
l;l)v^•ley Scott August 22, 1825, vice Philip Barton, resigned.
Michael JIurphy April 30, 1829, to serve seven years from August
22, 1825.
(40)
626 Courts and Lawyers of Indiana
Michael Murphy September S, 1S30, to serve seven years from
March 10, 1831; resigned December IS, 1S34.
Ephraim Thompson September 8, 1830, to serve seven years from
March 10, 1831; resigned June, 1834.
John L. Caldwell August 5, 1834, to serve seven years from March
10, 1831; resigned March, 1836.
Elijah Chapman March 20, 1835, appointed, vice Michael Murphy
(resigned), to serve seven years from March 10,
1831.
Cornelius Berkshire —May 14, 1830, to serve seven years from March
10, 1831, vice John L. Caldwell, resigned.
Cornelius Berkshire _-August 21, 1837.
Kenneth Dye August 21, 1837.
Cornelius Berkshire — August 27, 1844, to serve seven years from JIarch
10, 1845.
Benjamin Fitzgerald — August 27, 1844, to serve seven years from March
10, 1845.
Jesse Morgan August 25, 1851. to serve seven years from March
10, 1852.
Samuel A. Rodarmel August 25, 1851, to serve seven years from March
10, 1852.
PROBATE JUDGES.
James Breeze August 13, 1829, resigned.
James McDonald July 23, 1832, appointed.
James McDonald September 3. 1S32, to serve seven years from date.
William G. Cole December 23, 1838, vice James McDonald (removed
from county), to serve until August election, 1S39.
William G. Cole August 14, 1839, to serve seven years from date.
William G. Cole August 21, 1S46, to serve seven years from August
14, 1846 ; died July 16, 1849.
Alfred Davis August 7, 1849. vice William G. Cole, deceased.
John Brayfield September 7, 1850, to serve seven years from date.
COMMON PLEAS JUDGES.
Richard A. Clements, Sr.lS52-66, resigned.
James C. Denny Appointed May 21, 1866-November 12, 1866.
Richard A. Clements, Sr.lS66-C7.
W. Ray Gardner Commission issued October 22. 1867 (declined to
accept). 1
James T. Pierce 1867-73. I
DISTRICT PROSECUTING ATTORNEYS.
James H. McConnell 1852-54.
Clark M. Anthony 1854-55, resigned.
Henry S. Cauthorn Appointed July 2, 1855-56, resigned.
J. W. Burton Appointed March 29, 1856.
The County Courts 627
William H. Donaliey— 1S5G-5S.
Oliver T. Baird 1S5S-C0, resigned.
Noah S. Given Appointed Marcb 27, 1860-62.
James T. Pierce 1862-66.
Samuel H. Taylor 1866-70.
Europe F. Littlepage— 1870-72, resigned.
Frank B. Posey Appointed March 19, 1872.
Charles H. MeCarty__. 1872-73.
PRESIDENT JUDGES.
William Prince February 15, 1817-May 16, 1818; resigned. First
circuit.
Thomas Blake Appointed May 16, 1818-December 31, 1818, re-
signed.
General W. Johnston.- Appointed December 31, 1818- April 10, 1819, re-
signed.
Jonathan Doty Ajjpoiuted April 10, lS19-March 7, 1822, resigned.
Jacob Call Appointed March 7, lS22-July 28, 1824, resigned.
John R. Porter Appointed July 28, 1824-January 20, 1830. The act
of January 20, 1830, put Daviess in the Seventh.
John Law January 25, 1830-August 10, 1831, resigned.
General W. Johnston__Appointed August 10, 1831-January 21, 1832.
Amory Kinney January 21, 1832-January 25, 1837, resigned.
Elisha M. Huntington-_Appointed January 25, lS37-January 28, 1839. The
act of Januaiy 28, 1839, put Daviess In the Tenth.
David McDonald January 28, 1839-October 12, 1852.
CIRCUIT JUDGES.
Alvin P. Hovey October 12, 1852; resigned September 26, 1854.
Third circuit.
William E. Niblack Appointed September 26, 1854; resigned October
24, 1857.
Ballard Smith Appointed October 24, 1857-November 1, 1858.
Michael F. Burke November 1, 1858; died in office May 22, 1864.
James C. Denny Appointetl June 27, lS64-November 1, 1864.
John Baker November 1, lS64-November 1, 1870.
Newton F. Mallott November 1, 1870-April 2, 1885. The act of March
6, 1873, put Daviess in the Twelfth, and trans-
ferred Mallott from the Third to the Twelfth.
The act of April 2. 1885, put Daviess in the newly
created Forty-ninth with Martin, where they have
since remained.
David J. Hefron Appointed April 2, 1885-November 15, 1898.
Hileary Q. Houghton— November 15, 1898-November 15, 1910.
James W. Ogden November 15, 1910; term expires November 15,
1916.
628 Courts and Lawyers of Indiana
PROSECUTING ATTORNEYS.
John Law August 9, lS2-l-January 20, 1830. The act of Jan-
uary 20, 1S30, put Daviess in the Seventh.
E. M. Huntington January 25, lS30-January 25, 1832.
John h; Dowtlen January 25, 1832-Aprll 9, 1833, diea.
Erasmus H. McJuukin. Appointed April 9, lS33-August 13, 1834, died.
John Cowgill Appointed August 14, lS34-December 4, 1834.
David McDonald December 4, lS34-August 17, 1837, resigned.
John Cowgill August 17, lS37-February 13, 1838.
Delaua R. Eckles February 13, lS38-January 28, 1839. The act of
January 28, 1839, put Daviess in the Tenth.
John I. Watts February 1, 1839-February 1, 1843.
William G. Quick February 1, lS43-February 1, 1845.
Craven P. Hester__.,— February 1, 1845-February 1, 1849.
William M. Franklin— August 23, 1851-October 12, 1852.
Andrew L. Robinson October 12, lS52-November 7, 1S54. Third circuit.
Nathaniel Usher November 7, 1854-November 22, 1855, resigned.
Harmon G. Barkwell-- November 22, 1854; resigned August 15, 1857, to
take effect August 31, 1857.
William F. Parrett Appointed August 31, 1857-November 12, 1857.
James M. Shanklin November 12, 1857. Record states Shanklin re-
signed August 11, 1S5S, although commission was
issued again November 24, 1858, and served until
August 3, 1859, when Shanklin was transferred to
Fifteenth.
Richard A. Clements, Jr.Appointed August 3. 1859-August 14, 1866.
W. Ray Gardiner Appointed August 14, 1866-November 3, 1866.
Cutler S. Dobbins November 3, lS66-November 3, 1872.
Samuel H. Taylor November 3, 1872-March 6, 1873. The act of March
6, 1873, put Daviess in the Twelfth.
John H. O'Neall Appointed April 12, 1873-November 12, 1877.
Ephraim Moser November 12, lS77-November 12, 1879.
John S. Long November 12, lS79-November 17, 1882.
Arnold J. Padgett November 17, 1882-April 2, 1885. The act of April
2, 1885, put Davies in the Forty-ninth where it has
since remained.
Hiram McCormack Appointed June 26, 18S5-November 17, 1886.
Joseph D. Laughlin November 17, 1886-November 17, 18SS.
Charles M. Mears November 17, 1888-November 17, 1892.
James M. HufC November 17, 1892-November 17, 1894.
P. R. Wadsworth November 17, lS94-November 17, 1896.
James B. Marshall November 17, 1896-November 17, 1898.
Charles M. Mears November 17, 1898-January 1, 1901.
Alvin J. Padgett January 1, 1901-January 1, 1905.
Edgar T. Laughlin January 1, 1905-January 1, 1909.
Elmer E. Hastings January 1, 1909-January 1, 1911.
Flavian A. Seal January 1, 1911- January 1, 1915.
Charles M. Mears January 1, 1915; term expires January 1, 1917.
The County Courts 629
Dearborn County.
Dearborn was the third county in the state to be organized,
following Knox and Claris counties. It was created by the
Territorial Legislature on March 7, 1803, and occupied a tri-
angular tract, known in Indiana history as the "Gore," which
reached from the Ohio river to a point in Jay county. It
included all of the present counties of Dearborn and Ohio, to-
gether with parts of Switzerland, Franklin, Union, Wayne,
Randolph and Jay.
When Dearborn county was organized, its seat of justice
was located at Lawrenceburg, the court house being one-half
of a double-log cabin belonging to Jabez Percival, one of the
territorial Judges. Rising Sun was anxious to have the county
seat and when it found that Lawrenceburg was to have the
honor, its leading citizens began to agitate the question of
organizing a new county, of which Rising Sun should be the
county seat. The struggle between the two towns was finally
the cause of Lawrenceburg losing the county seat for a few
years. On September 26, 1836, Wilmington became the county
seat of Dearborn county and it was not until April 4, 1844,
that it was moved back to Lawrenceburg in accordance with
the legislative act of January 3, 1844. It was out of this fight
that Ohio county came into existence as a result of the act of
January 4, 1844. The Lawrenceburg court house was gutted
by fire on the morning of March 6, 1826, and all of the county
records were lost. A new structure was immediately erected,
the same foundation and walls being utilized. This building
continued in use (with the exception of the eight year's the
county seat was at Wilmington) until 1870, when it was torn
down to make way for the present building.
Dearborn county was in existence thirteen years under
the old territorial government of Indiana and during this time
had a variety of local courts. There were Common Pleas
courts. General Quarter-sessions of the Peace courts, Orphans'
courts. Probate courts and courts of Jail Delivery. It is not
certain when the first term of court convened in the county,
but the best authority states that the first court was held in
February, 1803. This first session was held in the log cabin
of Dr. Jabez Percival, one of the Associate Judges. The first
630 Courts and Lawyers of Indiana
Judges of the Court of Common Pleas were commissioned by
Governor Harrison on March 7, 1803. They were Benjamin
Chambers, John Brownson, Jeremiah Hunt, Jabez Percival,
Barent Hulick and Richard Stevens. These six Judges also
presided over both the Quarter Sessions and the Orphans
courts. A complete list of all of the Judicial officers of the
county from 1803 to 1816 is given in a subsequent paragraph
of this chapter.
The first court house in the county was erected in 1810
and stood on the site of the present structure. It was a two-
story brick building and served the purpose for which it was
built until it was destroyed by fire, March 5, 1826.
The act of December 24, 1816, divided the fifteen counties
of the state into three Judicial circuits, Dearborn being placed
in the third with Franklin, Wayne, Switzerland and Jefferson.
Only one other change was made in the circuit before 1852.
This was provided for by the act of January 15, 1847, which
put Dearborn in the Thirteenth with Franklin, Decatur and
Ripley. John Test, of Franklin county, was elected by the
Legislature in December, 1816, as the first President Judge of
the Third circuit and he served until he resigned, January 2,
1819. Alexander 0. Meek was elected by the Legislature to
succeed Judge Test, but he resigned a month later and John
Watts, of Dearborn county, was chosen in his stead. Judge
Watts served less than a year, being followed by Miles C.
Eggleston, of Switzerland county, who served continuously
until December, 1844. Courtland Cushing, of Jefferson
county, succeeded Judge Eggleston and presided over the
Dearborn Circuit court until the act of January 15, 1847, put
Dearborn in the Thirteenth circuit. Six days later the Legis-
lature elected George H. Dunn, of Dearborn county, as Presi-
dent Judge of the new circuit. Judge Dunn was followed in
January, 1850, by William M. McCarty, of Franklin county,
who served until the new Constitution went into eflfect, Oc-
tober 12, 1852.
Judge McCarty was the only President Judge in the state
elected to the Circuit bench under the new Constitution in
1852. Dearborn county was placed in the Fourth circuit by
the act of June 17, 1852, the circuit also including Franklin,
The County Courts 631
Decatur, Shelby, Rush, Fayette and Union. Judge McCarty
resigned, July 29, 1853, and the Governor appointed Reuben
D. Logan, of Decatur county, on the 10th of the following
October as his successor. Judge Logan served by appointment
and subsequent election until October 12, 1865. At that time,
Jeremiah M. Wilson, of Fayette county, came upon the bench
and he was presiding at the time the act of April 22, 1869, put
Dearborn in the newly-created Twenty-sixth circuit with
Union, Franklin and Ohio. Judge Wilson was left in the
Fourth circuit, which was composed of Decatur, Rush and
Fayette, and the Governor appointed (April 28, 1869) Robert
N. Lamb, of Switzerland county, as the first Judge of the
newly-created Twenty-sixth circuit. Judge Lamb was suc-
ceeded by Henry C. Hanna, of Franklin county, in October,
1870, and the latter served until the act of March 6, 1873,
united Dearborn and Ohio in the Seventh circuit. Judge Lamb
was left in the Sixth circuit and the Governor appointed
(March 29, 1873) Omer F. Roberts as Judge of the Seventh.
Judge Roberts was elected in the fall of 1873 and served a full
term of six years.
Following Judge Roberts in 1879 came Noah S. Givan,
William H. Bainbridge and A. C. Downey, who served six
years each in succession. During the incumbency of Judge
Bainbridge, the act of February 4, 1891, added Switzerland
to the Seventh circuit, but this county was detached with the
act of February 24, 1897, and added to Jefferson to constitute
the Fifth circuit. Dearborn and Ohio have constituted the
Seventh since 1897. Noah S. Givan srgain came on the bench
in October, 1897, for a six-year term. He was followed in
1903 by George E. Downey, of Dearborn county, who served
by re-election until he resigned in May, 1913, to become comp-
troller of the United States treasury. Warren N. Hauck, of
Dearborn county, the present incumbent, was appointed May
10, 1913, to fill out the unexpired term of Judge Downey and
was elected in the fall of 1914 for a regular term of six years.
Dearborn county, the third county in the state to be organ-
ized, has had a long roster of eminent lawyers during its
career of one hundred and thirteen years. Even before the
name Indianapolis had ever been coined, there was a long list
632 Courts and Lawyers of Indiana
of successful barristers practicing at Lawrenceburg, among
them being Jesse B. Thomas, James Noble, William Hendricks,
Jesse L. Holman, Amos Lane, Elijah Sparks, John Lawrence,
Thomas Wardell, Daniel J. Caswell and Moses Hitchcock. This
list of twelve lawyers contains one Governor, two United
States senators, three congressmen, five Judges, and some of
the lawyers held other positions as well. The three decades
following 1820 saw a large number of lawyers practicing
before the local bar, but they could hardly be compared to the
group of the first two decades (1800-20). Among the leaders
during this period from 1820 to 1850 were John Test, George
H. Dunn, Daniel S. Major, James T. Brown, Horace Bassett,
Arthur St. Clair Vance, Ezekiel Walker, Phillip L. Spooner,
Edwin Piatt and Theodore and Carter Gazlay.
When the corner-stone of the present court house was laid,
a list of all the lawyers practicing in the county was placed
in a receptacle and sealed up, that future generations might
have preserved for them the list of the men who attempted to
preserve law and order in 1871. This list of Dearborn county
lawyers of 1871 contained the following names: Daniel S.
Major, William S. Holman, John D. Haynes, John Swartz,
John K. Thompson, William W. Tilley, George B. Fitch, Noah
S. Givan, Francis Adkinson, William H. Bainbridge, Omer F.
Roberts, George M. Roberts, Elmer W. Adkinson, Hamilton
Conaway, William H. Mathews, Isaac M. Dunn, Hugh D.
McMullen, Oliver B. Liddell, Richard Gregg and George R.
Brumblay.
TERRITORIAL JUDICIARY.
March 7, 1S03 Judges of the Court of Common Pleas. General
Quarter Sessions and Orphans Court : Benjamin
Chambers. John Brownson, Jeremiah Hunt. Jabez
Percival, Barnet Hulick and Richard Stevens.
March 7, 1803 Justices of the Peace: William Major and James
McCarty.
March 7, 1803 Judge of Probate : John Brownson.
August 30, 1803 Justice of the Peace : Jonathan McCarty.
September S, 1804 Justice of the General Quarter Sessions. William
Cotton.
December 14, 1805 Judges of the Common Pleas: Benjamin Chamb-
ers, Barnet Hulick and William Major.
April 11, 1806 Justices of the Peace : Justus Gibbs. James Adair,
Sr., Benjamin Drake, John Templeton and Richard
The County Courts 633
July 19, 1806 Justice of tlie Peace: James Adair, Sr.
December 24, 1S06 Justices of the Peace: Jolin Liviugstou and Sam-
uel Fulton.
August 22, 1807 Justice of the Peace: Jonathan McCarty.
September 14, 1807 Justice of the Peace: Benjamin McPiatt.
September 15, 1807 Justice of the Peace: George Craig.
December 2, 1807 Justice of the Peace: William Wilson.
March 17, 1808 Justice of the Peace : Enoch McCarty.
June 12, 1808 Justices of the Peace : Thomas T. Gayness and
Chambers Foster.
January 16. 1809 Justice of the Peace. David Hoover.
March 16. 1809 Justice of the Peace : John Clendnniug.
July 4, 1809 Judge of the Court of Common Pleas: Jabez Per-
cival, vice Barnet Hulick, resigned.
October 21, 1809 Justices of the Peace : Jeremiah Meeks, Jesse
Davenport, John Ireland, Abraham Elliott, John
Cox and Stanhope Roister.
April 10, 1810 Justice of the Peace: Lewis Jones.
June 13, 1810 Justice of the Peace : William Dubois.
July 3, 1810 Justice of the Peace: William Ross, Sr.
August 28, 1810 Justice of the Peace: James Allen.
December 14, 1810 Judge of the Court of Common Pleas: Solomon
Manwarring, vice Benjamin Chambers, resigned.
December 14, ISIO Prosecuting Attorney : James Dill, for the coun-
ties of Dearborn and Jefferson.
March 4, 1811 Justice of the Peace : Moses Wiley.
May 28, 1811 rrosef-uting Attorney. Jesse L. Holman. vice
James Dill, resigned.
December 10, 1811 Justices of the Peace: Timothy Davis, Amos
Boardman and Ezekiel Jackson.
March 17, 1812 Justice of the Peace: Isaac Polk.
February 18, 1813 Justices of the Peace: William Caldwell and
Daniel Lynn.
September 11. 1813 Justice of the Peace: Ezra Gard.
January 6, 1814 Judges of the Circuit court: William Major, first
judge: Isaac Duim, second judge; Solomon Man-
warring, third judge.
January 25, 1814 Justices of the Peace: George Nichols and Alex-
ander White.
March 31, 1814 Judge of the Circuit court: Roger Brown, third
judge.
September 3, 1814 Justice of the Peace: John Walker.
September 16, 1814 As.sociate Judges of the Circuit court: William
Major, first associate: Isaac Dunn, second asso-
ciate.
May 19, 1815 Justices of the Peace: I^vi Miller and Robert
Miller.
July 29, 1815 Justice of the Peace. Spencer Wiley.
634 Courts and Lawyers of Indiana
July 31, 1S15 Justice of the Peace : John Dawson.
March 7, 1816 Justice of the Peace: James Blacl^house, William
Pui-cell and Ezra Ferris.
May 25, 1816 Justice of the Peace: Charles L. Brasher.
ASSOCIATE JUDGES.
John Livingston Februaiy 15, 1817, to serve seven years from date.
Solomon Manwariug February 14, 1817.
Solomon Manvvaring— August 2S, 1823.
Jolm Livingston August 28, 1823.
Isaac Dunn September 8, 1830, to serve seven years from Feb-
ruary 14, 1831; resigned. May, 1837.
George Kingsbui-y August 14. 1.837. vice Isaac Dunn, resigned.
John McPike September 8, 1830, to serve seven years from Feb-
ruary 14, 1831.
Samuel H. Dowdeu August 8. 1835, vice John McPike (resigned), to
serve seven years from February 13, 1831.
Alfred Z. Cotton Vugust 14, 1837.
John Livingston August 14, 1837.
Jehu Emrie ( Emery )._ August 26, 1844, to serve seven years from Feb-
ruary 14, 1845.
David Conger August 20, 1.S44, to serve seven years from Feb-
ruai-y 14, 1845.
Richard Spicknell August 26, 1851, to serve seven years from Feb-
ruary 14, 1852.
Bryant Connelly August 16. 1851. to serve seven years from Feb-
ruary 14. 1852.
PROBATE JUDGES.
George H. Dunn August 12, 1829.
John Livingstone August 1.5, 1831. resigned.
John McPike June 23, 1837. appointed.
John Palmer August 14. 1837, died. Certificate of death filed
March 30, 1848.
Theodore Gazley May 3. 1843, appointed, vice John Palmer, deceased.
Willinm S. Holuian August 21. 1843.
Alfred Z. Cotton April 13. 1847. vice William S. Holman. resigned.
Alfred Z. Cotton August 21, 1.S47, to serve seven years from date,
COMMON PLEAS JUDGES.
William S. Holman 1852-56.
Jeremiah Bundy 1856-60.
Francis Adkinson 1860-64.
Robert N. Lamb 1864-68.
Scott Carter 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
Charles N. Shook 1.S.J2-.54.
Horace A. Mayhew 18.54-56.
The County Courts
635
Isaac H .Carabaugli___ ls.j(j-r,S, resigued.
Robert O. Terrill Aiipuiiited January 23, 1S5S-59, resigned.
Greene Durbin Ai^iiointed May 16, 1850.
William S. Scbryver... ISJO-GO.
John Barber lsC0-(J2.
Solon Kussell 1S62-64.
William D. Wilson 1864-60.
Albert B. Goden 1806-67.
William P. Adkinson._ A]ipointed December 7. 1S67-6S.
Hugb D. McMiilleu 1.S08-7O.
Isaac JI. Dunn 1870-73.
PRESIDENT JUDGES.
John Test Deeeniber 1.8. 1810-January 2. 1810, resigned. Third
circuit.
Alexander O. JleeU Appointed January 2, 1.819-rebruary 2. 1819.
John Watts February 2. ISlO-Januray 21. 1S20.
JNIile.'i C. Eggleston January 21. lS20-Decmber IS, 1844.
Courtland Gushing December 18. 1844-January 15. 1847. The act of
January 15, 1847. put Dearborn in the Thirteenth.
George H. Dunn January 21. 1.847-Januai-y 24, 1850.
William M. McCarty___ J.-uuiary 24. 18.50-October 12. 18.52.
CIRCUIT JUDGES.
U'illiam H. JlcCarty—- October 12, 1852: resigned July 20, 1853. Fourth
circuit.
Reuben D. Logan Apiwiuted Augu.st 10. lS.53-October 12. 1865.
Jeremiah M. Wllson_-_ October 12, LSCo-Ajril 22. 1869. The act of April
22, 1860, put Dearborn in the newly created
Twenty-sixth.
Robert X. Lamb Ajipointed April 28, lS69-October 24, 1,870.
Hemy C. Hanua October 24. lf-70-March 6, 1873. The act of March
fi. 187;;. ]iut Dearborn in the Seventh.
Omar F. Roberts Vpimiiitcd March 29. l.S73-October 21, 1879.
Noah S. Givan (ht..l»'r I'l. IsTO-October 21, 1S85.
William H. Bainbridge-Cirti.lier 21. 1885-October 21, 1S91. The act of
Febrmiry 4. 1891. added Switzerland to the
Seventh.
Alexander C. Downey October 21, 1891-October 21, 1897. The act of
February 24. 1897. made Dearborn and Ohio the
only counties iu the Seventh, where they have
since remained.
Noah S. Givan October 21. 1807-October 21. 19fi.^.
George E. Downey October 21. 1903 : resigned in May, 1913.
Warren N. Hauck \ppointed May 10. 1913: term expires November
17. 1920.
636 Courts and Lawyers of Indiana
PROSECUTING ATTORNEYS.
Oliver H. Smith August 9, lS24-August 1. 1S26. Third circuit.
Amos Lane Augu.st 1, lS2C-December 30, 1S2G.
Cyrus Fiuch December 30. lS26-December 30, 1S2S.
M. JI. Ray December 30, nS2S-January 25, 1S30.
James F. D. Lanier January 25, lS30-Januai-y 25, 1S32.
John M. Johnson January 25, 1832-February 21. 1833, resigned.
John Test Appointed February 21, lS33-December 5, 1833.
Courtland Gushing December 5, 1833-December 11, 1837.
John Dumont Deceraljer 11, lS37-December 15, 1841.
George Robinson December 15, lS41-JIay 18, 1842, died.
John Dumont Appointed May 18. 1842-January 15. 1S47. The
act of Januai-y 15. 1S47, put Dearborn in the
Thirteenth.
Benjamin I. Spooner Appointed August 19, lS51-October 12. 1852.
Oscar B. Hord October 12, lS52-Xovember 2, 1S54, resigned.
Fourth circuit.
William Ratter-sou November 2, 1854-August 13, 1858, resigned.
Sebastian Green Appointed August 13, lS5S-Xovember 2, 1858.
Henry C. Hanna November 2, lS58-Xovember 2, 1860.
Milton H. Cullum November 2. ISGO-November 3, 1862.
Samuel S. Harrell November 3, lS62-Noember 3, 1864.
Creighton Daudy November 3, lSG4-November 3, 1866.
Kendall M. Hord November 3, 1866-November 3, 1S6S.
Piatt Wicks November 3, 186S-April 22, 1869, The act of April
22, 1869, put Dearborn in the Twenty-sixth.
William Wirt Kelley.. .Appointed April 28. 1869-October 24, 1870.
George R. Brumblay— October 24. 1870-October 26, 1878. The act of
March 6. 1873, put Dearborn in the Seventh, and
transferred Biiimblay from the Twenty-sixth to
the Seventh.
Addison Williams October 26. 1878 ; died in office December 21, 1878.
Rodman S. Davis Appointed December 31, 1878-November 17, 1SS2.
Robert E. Stahr November 17. 18S2-November 17, 1886.
Edward H. McGrew— November 17, 1886-November 17, 18SS.
Rodman S. Davis November 17, 188S-November 17, 1896.
Harry R. McMulleu November 17, 1896-January 1, 1903.
Theodore J. Wulber Januaiy 1, MOS-Januai-y 1, 1905.
Frank B. Johnson January 1. 1905- January 1, 1907.
John N. Russe Januaiy 1. 1907-January 1, 1915.
Willard M. Dean January 1, 1015; term expires January 1, 1917.
The County Courts 637
Decatur County.
Decatur county was organized by an act of the Legisla-
ture, approved December 31, 1821, the act becoming effective
on March 4, 1822. Greensburg was chosen as the county seat
without any opposition. It received its name, so tradition
states, at the request of Mrs. Thomas Hendricks, who wanted
it so called in honor of her old home in Pennsylvania. When
the question of naming the county seat was brought up, Mrs.
Hendricks told the commissioners of her desire to have it called
Greensburg. It was proposed to leave the question to a vote
of seventeen young men, who had settled in the unnamed vil-
lage. This settled the question, for Mrs. Hendricks had four
charming daughters — and the young men were all unmarried.
The first court met on April 9, 1822, with W. W. Wick as
President Judge and Martin Adkins and John Fugit as Asso-
ciate Judges.
On the first day of the court three lavi^ers were admitted
to the bar, Thomas Douglass, Joseph A. Hopkins and Seth
Tucker. The only other business transacted at this first ses-
sion was the swearing in of the county clerk and the appoint-
ment of Joseph Hopkins as prosecuting attorney. Hopkins
was not able to conform to the customs of civilization and soon
left the county. He had previously practiced in Kentucky and
it seems .that he had left there because of some infraction of
the moral code.
Decatur county was in four different Judicial circuits from
the time it was organized in 1822 until the new Constitution
became operative in 1852. When it was organized it was at-
tached to the Fifth circuit and during the time it was in this
circuit William W. Wick and B. F. Morris were the President
Judges. When the county was put in the Third circuit by the
act of January 20, 1830, Miles C. Eggleston became the Presi-
dent Judge. Judge Eggleston had been on the bench since
1820 and continued to preside in the Third circuit until 1844.
However, the act of February 13, 1840, took Decatur out of
the Third circuit and placed it in the Sixth, James Perry, of
Wayne county, becoming the President Judge. He was fol-
lowed in January, 1844, by Jehu T. Elliott, who sat on the
638 Courts and Lawyers of Indiana
bench of the Sixth until the act of January 14, 1847, made De-
catur one of the counties of the newly organized Thirteenth
circuit. George H. Dunn was appointed as a first Judge of the
new circuit and he remained on the bench until January, 1850,
when William M. McCarty, of Brookville, was selected by the
Legislature as his successor. Judge McCarty served until
October 12, 1852, under the 1816 Constitution and was elected
as a first Judge of the Fourth circuit under the 1852 Consti-
tution.
Judge McCarty resigned July 29, 1853, and the Governor
appointed William S. Holman on that date to fill out his unex-
pired term. Judge Holman resigned on the 10th of the fol-
lowing month without having held a term of court in any one
of the counties of the Fourth circuit. The Governor imme-
diately appointed Reuben D. Logan, who served by appoint-
ment and subsequent election until October 12, 1865. He was
succeeded by Jeremiah M. Wilson for a full term of six years.
William A. Cullen took the bench, October 21, 1871, and served
until October 24, 1876. During his term of office the act of
March 6, 1873, placed Decatur in the Eighth circuit vdth Fay-
ette and Rush, and transferred Cullen from the Fourth to the
Eighth. Samuel A. Bonner, who succeeded Judge Cullen,
served two terms, being followed by John W. Study in October,
1888. Judge Study died in office, January 13, 1893. Four
days after his death the Governor appointed James K. Ewing
to fill out his unexpired term, or until November 13, 1894.
John D. Miller was elected in the fall of 1894 for the regular
six-year term, but died in office March 18, 1898. David A.
Myers was appointed March 31, 1898, to serve until the suc-
ceeding November election. At that time Douglas A. Morris
was elected Judge of the circuit, but served only about a year
as Circuit Judge of Decatur county. The act of February 28,
1899, united Decatur and Bartholomew in the Ninth circuit,
the act to take efl:ect November 17, 1899. On that date Francis
T. Hord became Judge of the reorganized Ninth circuit, hav-
ing been on the bench of the old Ninth since November 19,
1892. Marshall Hacker succeeded Judge Hord in November,
1904, and served his full term of six years. The present
The County Courts 639
Judge, Hugh Wickens, took the bench November 19, 1910. Of
the Judges since 1852, Bonner, Study, Ewing, Miller, Myers
and Wickens have been residents of Decatur county.
A volume might easily be written concerning the lawyers
who have practiced at the local bar during the past ninety
years. Mention has already been made of the first lawyers
admitted to the bar in 1822. James T. Brown, who was ad-
mitted to the bar at the second session of the court, practiced
in Decatur county for several years and later located at Law-
renceburg, where he was living at the time of his death. He
was the leading lawyer in Greensburg for many years and
was identified with almost every case of importance that was
tried while he was a resident of the county.
The next lawyer of more than ordinary ability to be ad-
mitted to the bar was Andrew Davison, who was a resident of
Greensburg from 1825 until his death in 1871. He was one
of the first Judges of the Supreme court elected in 1852, and
by re-election served fi'om January 3, 1853, to January 3, 1865.
After his defeat for a third term in 1864, he returned to
Greensburg, but for some reason never again practiced law.
Other prominent attorneys who practiced law in the county
prior to the Civil War were: Martin Jamison, who served in
the Legislature in 1839 ; Joseph Robison, who was a candidate
for Congress on the Whig ticket in 1851 ; John L. Robinson,
who could neither read nor write until he was married, and
yet became a successful lawyer and served in Congress from
1847 to 1853; John S. Scobey, who settled at Greensburg in
1845, became a prominent lawyer, served as prosecutor, state
senator, presidential elector and became a lieutenant-colonel
in the Civil War; Barton W. Wilson, who located in Greens-
burg in 1848 and was one of the most public spirited citizens
of the city, a fact which accounts for the naming of the first
fire engine in his honor. Other attorneys of the local bar
became prominent, but space does not permit an extensive
mention of all of them.
Since the Civil War the bar has been no less prolific in
producing distinguished members. The names of such men
as James Gavin, Oscar B. Hord, Charles F. Parrish, James
640 Courts and Lawyers of Indiana
Cloverdill, Ira G. Grover, Cortez Ewing, J. K. Ewing, Marine
D. Tackett, John L. Bracken, William H. Goddard, W. A.
Moore, David Wilson and Christopher Shane are only a few
of the lawyers who have attained more than a local reputation
at the bar. Pi'obably the most distinguished member of the
Greensburg bar was Will Cumback, who became a national
figure befoi-e his death in 1905. He was elected to Congi'ess
in 1854, when he was only twenty-five years of age, defeating
William S. Holman. He served throughout the Civil War,
enlisting as a private and rising to the rank of lieutenant-
colonel. He served in the State Senate in 1866, was president
of the Senate from 1867 to 1869, and was Lieutenant-Governor
from 1869 to 1872. President Grant offered him the appoint-
ment as minister to Portugal in 1871, but he declined and
instead accepted an appointment as collector of internal rev-
enue, a position which he held for twelve years. From that
time until his death he spent much of his time on the lecture
platform.
ASSOCIATE JUDGES.
John Fugit March 26, 1822.
Martin Adkins April 1, 1S22.
Benjamin Antrobus August 24, 1S2S, to serve seven years from April
1, 1829 ; died.
James Elder December 23, 1831. vice Benjamin Antrobus (de-
ceased), to serve .seven j-ears from April 1, 182'.>.
John Br.vson August 24, 1828, to serve seven years from April
1, 1836.
Zacbariah Gartou August 25, 1835, to serve seven years from April
1, 1836; resigned.
Jobn Thompson August 17, 1838, vice Zacbariab Garton, resigned;
resigned, July, 1841.
John Hopkins August 7. 1841. to serve until April 1. 184:^.
John Hopkins August 13. 1.842, to serve seven years from April
1, 1843.
Samuel Ellis August 13, 1842. to serve seven years from April
1. 1.^3.
Samuel Ellis August 24, 1849. to serve seven years from April
1, 18.50.
Richard C. Talbott August 24. 1.849. to serve seven years from April
1. 1850; resignation filed May 1, 1850.
Benjamin Randall August 19. 1850, to serve seven years from April
1, 1850.
The County Courts 641
PROBATE JUDGES.
Augus C. McCoy August 12, 1820.
Angus C. ilcGoy August 14, 1S3G. to serve seven years from August
19, 1836.
Jobn Thompson August 19, 1843, to .serve seven years from August
19, 1843.
Eoynl P. Cobb August 29. IS.jO. to serve seven years from date.
COMMON PLEAS JUDGES.
lioyal P. Colib ls52:.(.;.
Samuel A. Bonner 1856-00.
William Grose lSGO-61, resigned.
Elijali B. Martindale— Appointed August 31, 1861-October IS, 1861.
David S. Gooding 1S61 : resigned September 10, 1864.
William R. West Appointed September 12, 1864-67.
William A. Cullen 1867-70.
William A. Moore 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
Morris I. Williams 1.S.52-.34.
I.ewis W. Thomas 18.o4-55. died iu office.
George H. Loolv Appointed October 1, 1855-56.
Thomas C. Gilpin 18.j0-58.
Piatt WicliS 18.58-60.
William K. Hough 1860-62.
Daniel W. C«mstock_._ 1862-04.
James D. Martindale_— 1864-66.
Calvin D. Thompson___ lS(;ti-(J7, resigned. (By act of Febru.iry 26, 1867,
Decajtur was put in Twenty-second district.)
Hugh M. Spaulding Appointed March 8, 1867-70, resigned.
A. Smith Folzer Appointed April 16, 1870.
Elias R. Montfort 1870-72.
Adam Stockinger 1872-73.
PRESIDENT JUDGES.
William W. Wick March 4, lS22-.January 13, 1825. resigned. Fifth
circuit.
Bethuel F. Morris Appointed January 13, 1825-January 20, 18.30. The
act of January 20, 1830, put Decatur iu the Third.
Miles C. Eggleston January 20, 1830-February 13, 1840. The act of
February 13, 1840, put Decatur iu the Sixth.
James Perry February 1.3, l.S40-JanuaiT 23, 1844.
Jehu T. Elliott January 23, 1844-January 15, 1.847. The act of
January 15, 1847, put Decatur in the Thirteenth.
George H, Dunn Appointed January 21, 1.847-January 24, 1850.
William M. McCarty-_-January 24, 1850-October 12, 1852.
(41)
642 Courts and Lawyers of Indiana
CIRCUIT JUDGES.
William JI. JlcCart.V— October 12. 1S52; resigned July 29, 1S53. Fourth
circuit.
William S. Holmau Ai)poiiited July 29. 1853; resigned August 10, 1S53.
Reuben D. Logan Appointed August 10, lS53-October 12, 1865.
Jeremiah M. Wilson___ October 12. lS65-October 21, 1871.
William A. Cullen October 21, ISTl-October 24, 1876. The act of
March 6, 1873, put Decatur in the Eighth, and
transferred Cullen from the Fourth to the Eighth.
Samuel A. Bonner October 24, lS76-October 24, ISSS.
John W. Study October 24. 1S8S ; died in office January 13, 1S93.
James K. Ewing Appointed January 17, lS93-November 13, 1894.
John D. Miller November 13, 1894 ; died in office March IS. 1898.
David A. Myers Appointed March 31, 189S-November 21, 1898.
Douglas A. Morris November 21, 1898-November 17, 1899. The act of
February 28. 1899, put Decatur with Bartholomew
in the Ninth, where they have since remained, the
act taking effect November 17, 1899.
Francis T. Hord November 17. 1899-November 18. 1904. Judge Hord
had been on the bench of the Ninth since Novem-
ber 19. 1892.
JIarshall Hacker November 19, 19(i4-November 19. 1910.
Hugh Wickens November 19. 1910: term expires November 19,
1916.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, lS24-August 9, 1825. Fifth circuit.
Calvin Fletcher August 9, 1825-August 14, 1826.
James Whitcomb August 14, 1826-January 14, 1829.
W. W'. Wick January 14, lS29-January 30, 1830. The act of
January 20, 1830, put Decatur in the Third.
James F. D. Lanier January 25, 1830-January 25, 1832.
John M. Johnson January 25, 1832-February 21, 1833. resigned.
John Test Appointed February 21, 1833-December 5, 1833.
Courtland Cushiug December 5, lS33-December 11, 1837.
John Dumont December 11, 1837-FebruaiT 13. 1840. The act of
February 13, 1840, put Decatur in the Sixth.
Martin M. Ray December 11, lS40-December 15, 1842.
Jehu T. Elliott December 15, 1842; resigned, January 23, 1844.
Samuel E. Perkins Januaiy 23, 1844-August 20, 1844.
Jacob B. Julian August 20, 1844-August 27, 1846.
John B. Still August 27, 1846-January 15. 1847. The act of
January 15, 1847, put Decatur in the Thirteenth.
Benjamin I. Spooner— Appointed August 19, 1851-October 12, 1852.
Oscar B. Hord October 12, 1852; resigned, August 1, 1854, to take
effect November 2, 1854. Fourth circuit.
William Patterson November 2, lS54-August 13, 1858, resigned.
The County Courts 643
Sebastian Green Appointed August 13, 1858-November 2, 1858.
Henry C. Hanna November 2, 185S-November 2, 1860.
Milton H. Cullum November 2, lS60-November 3, 1862.
Samuel S. Harrell November 3, 1862-November 3, 1864.
Creigbton Dandy November 3, 1864-November 3, 1866.
Kendall M. Hord November 3, lS66-November 3, 1868.
Piatt Wicks November 3, 1868-July 1, 1869.
Alexander M. Campbell. Appointed July 1, 1869-October 21, 1872.
Elias R. Montford October 21, 18T2-Mareh 6, 1873. The act of March
6, 1873, put Decatur in the Eighth.
Robert B. F. Peirce March 6, 1873-October 26, 1874.
Orlando B. Scobey October 26, 1874-October 26, 1878.
John L. Bracken October 26, lS7S-October 26, 1880.
Richard A. Durnan October 26, 18S0-January 22, 1881, resigned.
Marine D. Tackett January 22, 1881-November 17, 1886.
George W. Campbell— November 17, lSS6-November 17, 1890.
D. A. Myers November 17, 1800-November 17, 1894.
George W. Young November 17, 1894-November 17, 1896.
Elmer E. Roland November 17, 1806-November 17, 1890. The act of
February 28. 1899, put Decatur in the Ninth, where
it has since remained. A£t did not take effect
until November 17, 1899.
John L. Davis November 17, lS99-January 1, 1901.
Thomas L. Creatb January 1, 1901-Jamiary 1, 1903.
John W. Craig January 1, 1903-January 1, 1907.
Albert W. Phillips January 1, 1907- January 1, 1909.
William V. 0'Donnell-_ January 1. 1909-January 1, 1911.
Ralph H. Spaugh Jnnuniy 1, 1911-January 1, 1913.
Lewis A. Harding January 1. 1913; term expires January 1, 1917.
Dekalb County.
Dekalb county was organized by an act of the General
Assembly, approved February 2, 1837. After the organiza-
tion of the county the competition for the location of a
county seat became very bitter. Rogers and Hamilton, on
one side, and Park and Howe, on the other, led the contend-
ing forces. The former faction purchased land and laid out
a town site, which they called Centerville. The site laid out
by Park and Howe was on the west bank of Cedar creek, two
miles south and three miles west of the center of the new
county. The latter location was the most favorable and, when
Littlefield, of Lagrange, Gilmore, of Steuben, and Robert
Work, of Allen, the commissioners appointed to select the
644 Courts and Lawyers of Indiana
site of the new county seat, met, Auburn was promptly chosen.
Centerville passed to its death soon afterwards.
The first session of court in Dekalb county was held at the
cabin of Wesley Park. A school house was afterward erected,
and for a time court was held in this building. A dilapidated
stove supplied heat and a rough platform of boards was built
at one end which served as the "bar." In 1840 the county
officials determined to build a new court house on the public
square. The work on the construction of the new court house
was begun in 1842, the contract having been undertaken by
James Hite, a carpenter, for eight hundred dollars. On April
29, 1844, the first session of court was held in the new structure.
On June 4, 1863, a contract for the erection of the second
court house was awarded for a consideration of twenty-three
thousand, three hundred and seventy-two dollars, and this
building was completed near the close of 1864. In 1911 the
third and last court house was completed in DeKalb county.
The contract was let on May 4, 1911, at a price of one hundred
eighty-five thousand, seven hundred and fifty-seven dollars.
The corner stone was laid with fitting ceremonies on July 17,
1911, and Thomas R. Marshall, then Governor of the state, and
now Vice-President of the United States, delivered the dedica-
tory address.
The first Judge of the Dekalb Circuit court was Charles W.
Ewing, who was elected by the Legislature in 1836, and re-
signed in 1839. Upon Judge Ewing's resignation, Govei-nor
Wallace appointed Henry Chase, of Logansport. When the
Legislature of 1839 convened, John W. Wright, of Logans-
port, was chosen as the successor of Judge Chase. Upon the
change of the circuit in 1841, when Dekalb county became a
part of the Twelfth circuit, James W. Borden, of Fort Wayne,
was chosen President Judge. Judge Borden served as Pre-
siding Judge of the Twelfth circuit unfil 1851, when he was
succeeded by E. A. McMahon, of Fort Wayne. Judge Mc-
Mahon was succeeded in 1855 by James L. Worden, of Fort
Wayne, who resigned in January, 1858. He was succeeded by
Reuben J. Dawson (January 18, 1858-October 26, 1858).
Judge Dawson was succeeded by Edward R. Wilson, of Ft.
The County Courts 645
Wayne. Judge Wilson was succeeded in 1864 by Robert
Lowry, who then lived at Goshen, but who afterwards removed
to Ft. Wayne, where, for many years, he presided as Judge of
the Allen Superior court, and from which he retired to repre-
sent the Twelfth district in Congress during the forty-ninth
and fiftieth sessions (1885-1889). Judge Lowry was suc-
ceeded in 1867 by Hiram S. Tousley, who served until 1872.
James I. Best (1872-76), of Waterloo, was on the bench when
the act of March 6, 1873, placed Dekalb county in the Thirty-
fifth circuit. Judge Best being transferred to the new circuit.
The latter was followed by Joseph A. Woodhull, of Angola,
who served until October 26, 1876. Hiram S. Tousley served
for a second time from 1876 to 1879, at which latter date
Charles A. 0. McClellan, of Waterloo, was appointed to fill the
bench of the temporary Fortieth circuit, composed of Dekalb
and Steuben. . He was followed by Robert W. McBride,
of Waterloo, who served until 1888, when Stephen A. Powers
was elected Judge of the court. Judge Powers served until
1894, and was followed in office by William L. Penfield, of
Auburn, who resigned (June 3, 1897) to accept a position as
solicitor in the department of state at Washington, D. C.
Frank S. Roby, of Auburn, was appointed to fill the vacancy
caused by the resignation of Judge Penfield, and he served
until the next election, when Ezra D. Hartman, of Auburn,
was elected. Judge Hartman died in office in May, 1903.
He was followed upon the bench by James P. Rose, of Auburn,
who served until the next election. Emmet A. Bratton, of An-
gola, was elected Judge in 1904, and served until 1910, when
Frank M. Powers, of Angola, was elected Judge of the court.
Judge Powers served until his election as a Judge of the Appel-
late court in 1914, when he was succeeded by Dan M. Link, the
present incumbent, who was at that time a member of the state
board of tax commissioners.
The roster of the Dekalb county bar contains the names
of many men who rank high at the bar and upon the bench
of the state. Among these may be mentioned Judge Egbert
DeMotte, of Auburn, who served on the Common Pleas bench ;
Timothy R. Dickinson, of Auburn, who afterwards removed
to Waterloo ; John Morris, of Auburn, who afterwards moved
646 Courts and Lawyers of Indiana
to Ft. Wayne, and served as Judge of the Common Pleas
court, and as Supreme court commissioner from 1881 to 1883 ;
Abner F. Pinchin, of Hamilton, who resided at Butler during
the early years of his practice, served as district attorney;
Judge James I. Best, of Waterloo, served as Supi'eme court
commissioner from 1881 to 1885; Charles A. 0. McClellan,
of Waterloo and Auburn, who served as Judge of the tem-
porary Fortieth circuit (1879-80), represented the Twelfth
Indiana district in Congress during the fifty-first and fifty-
second sessions, from 1889 to 1893 ; Judge McBride, of Water-
loo, served on the Supreme bench of Indiana from December
17, 1890, until 1892, and finally settled at Indianapolis, where
he is now engaged in the practice of law; Judge William L.
Penfield, of Auburn, resigned from the bench to accept a posi-
tion as solicitor in the department of state at Washington;
Judge Frank S. Roby, who served a short term as Judge of
the Dekalb Circuit court, was appointed a member of the
Appellate court of Indiana in 1901, and served continuously
until 1911, and is now engaged in the practice of law in In-
dianapolis.
ASSOCIATE JUDGES.
Ariel Waldern August 3, 1837.
Thomas L. Yates August 3, 1837: removed from county, October.
1838.
Nelson Payne March 6, 1S39 (special election).
Nelson Payne August 23, 1843, to serve seven years from Aug-
ust 3, 1844 ; resigned June, 1848.
Samuel Widney August 23, 1843, to serve seven years from Aug-
ust 3, 1844.
Robert Work September 9. 1848 (special election), vice Nelson
Payne, resigned. Work's resignation filed August
29, 1850. Robert Work's term was to expire
August 3, 1851.
David Martin October 8, 1850, to fill Robert Work's unexiJired
term, ending August 3, 1851.
Gillman E. Mudgett— August 27, 1850, to serve seven years from Aug-
ust 3, 1851.
Abraham Cope August 27, 1850, to serve seven years from August
3, 1851.
PROBATE JUDGES.
Lot Herrick August 25, 1839.
John C. Wade August 26, 1846.
The County Courts 647
COMMON PLEAS JUDGES.
John Morris l,s.j2-ri(;.
Egbert De .Motte I.s.jG-GO.
William M. Clapp lS(jil-73.
DISTRICT PROSECUTING ATTORNEYS.
W. W. Griswold 18.j2-54. resigned.
Asa M. Tinker Apiiointed November 9, 1854-56.
William H. Dills ls5i;-5S.
Abner F. Pincliin 1S5S-60.
George W. Ammings 1860-62.
(or Cummings)
Lewis Covin 1802-64.
Asa M. Tiulier 1864-66.
Joseph D. Ferrall 1860-68.
Joseph L. Morlau 1868-73.
PRESIDENT JUDGES.
Charles W. Ewiug May 1, lS37-September 1, 1839, resigned. Eighth
circuit.
Henry Chase Appointed September 1, 1830-December 15, 1839.
John W. Wright Def/ember 15, lS39-December 15, 1841. The act of
December 14, 1841. put Dekalb in the Twelfth.
J,-inies W. r.ordeii December 15, 1841; resigned July 31, 1851.
Elza A. McMahon Appointed July 31, lS51-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned August 15, 1855. Tenth
circuit.
James L. Worden Aiiiiointed August 15, 1855; resigned January 18,
1858.
Reuben J. Dawson Appointed January 18, lS58-October 26, 1858.
Edward R. Wilson October 26, lS5S-October 26, 1864.
Fiobert R. Dowry October 26, 1864-February 20, 1867. The act of
February 20, 1867, put Dekalb in the newly created
Fourteenth.
Hiram S. Tou.sley Appointed February 28, lS67-October 30, 1872.
James I. Best October 30, 1872 ; resigned September 1, 1876. The
act of iSIarch 6, 1873. put Dekalb in the newly
created Thirty-fifth, and transferred Best from
the Fourteenth to the Thirty-fifth.
Joseph A. Woodhull— Appointed September 1, lS76-October 24, 1876.
Hiram Tousley October 24, 1876-March 21, 1879.
Charles A. O. McClellan March 21, lS79-October 1, 1880. The act of March
21, 1879, divided the Thirty-fifth circuit, com-
posed of Steuben, Dekalb and Noble, into two cir-
cuits — Noble being left as the sole county in the
Thirty-fifth and Steuben and Dekalb being consti-
648 Courts and Lawyers of Indiana
tuted the uewly created Fortieth. This was done
because of the hu-ge uumber of cases ou the docket
of the old Thirty-fifth. The act further provided
that the Fortieth was to be dissolved on October
1, 1880, and the two counties composing it should
again become a part of the Thirty-fifth.
Hiram Tousley October 1, 18S0-Xovember 16, 1S82.
Robert W. McBrlde November 16, 18S2-November 16, 1SS8.
Stephen A. Powers November 16, lS8S-November 16, 1894. The act
of March 1, 1SS9, made Dekalb and Steuben the
only counties in the Thirty-fifth, where they have
since remained.
William L. Penfield— November 16, 1S94 ; resigned June 3, 1897.
Frank S. Roby Appointed June 4, lS97-November 8, 1898.
Ezra D. Hartman November 8, 1S9S ; died in office in May, 1903.
James D. Rose Appointed in May, 1003-November 17. 1904.
Emmet A. Bratton November IT, 1904-November IS, 1910.
Frank M. Powers November 18, 1910 ; resigned December IS, 1914,
to become Appellate Judge.
Daniel M. Link Appointed December 18, 1914; term expires No-
vember 18, 1916.
PROSECUTING ATTORNEYS.
Thomas Johnson May 1, lS37-December 3, 1S38. Eighth circuit.
John W. AVrlght December 3, 183S-December 5. 1839.
Luclan P. Ferry December 5, 1839-December 14, 1841. The act of
December 14, 1841, put Dekalb in the Twelfth.
William H. Coombs December 14, lS41-December 14, 1843; resigned
October 30, 1843.
Robert L. Douglas December 14, lS43-September 19, 1845.
Elza A. McMahon September 19. lS4.5-September 19, 1847.
James L. Worden August 28. ISol-October 12, 1852.
John M. Counell October 12. lS52-January 27, lSo3. Tenth circuit.
Joseph Brackenridge __ Appointed January 27, 1853; refused to accept
otBee.
James L. Worden Appointed February 17. 1853; resigned February
1, 1854.
E. R. W11.S0U Ai>pointed February 1, 1854; resigned August 1,
1856.
Sanford J. Stoughton.. Appointed August 20, 1856-December C, 185S.
James M. Defrees December C. 1858; died in May, 1859.
John Colerick Appointed May 10, lS.59-October 26, 1860.
Augustus A. Chapin— October 20. ISGO- November 3, 1862.
James H. Schell November 3. 1862-November 3, 1866.
Thomas W. Wilson Novenilter 3. ISCii-February 20, 1867. The act of
February 20, 1S67, put Dekalb in the Fourteenth.
James H. Carpenter— Appointed March 7, lS67-October 30, 1867.
The County Courts 649
Ezra D. Haitman October 30. lS67-October 24, 1S70.
James McGrew October 24, 1870-May 30, 1872.
Leigh H. Haymond Appointed May 20. lS72-October 2S. 1S73. The act
of March 0, 1S73, put Deknlb iu the Thirty-fifth,
and transferred Haymond from the Fourteenth to
the Thirty-fifth.
W. B. McCounell October 28, lS73-Oetober 28, 1877.
John W. Bixler October 28. lS77-October 28, 1879.
George B. Adams October 28, lS79-October 28, 1881. The act of
March 21, 1879, made Steuben and Delialb the
Fortieth, to continue only until October 1, 1880,
when they were again to become a part of the
Thirty-fifth.
Henry C. Peterson October 28, 1881 -October 28, 1SS7.
Emmet A. Cratton October 28, lSS7-Oetober 28, 1801.
Joseph Butler October 28, lS91-October 28, 1895.
A. E. Davis October 28, lS9o-October 28, 1897.
Willis Rhoads October 28, 1897-January 1, 1902.
Frank S. Wellsheimer.January 1, 1902-January 1, 1906.
Charles S. Smith.. January 1, 1906-January 1, 1910.
Hubert E. Hartman_._ January 1. 1910-January 1, 1014.
James R. Nyce January 1. 1014; term expires January 1, 1018.
Delaware County.
Delaware county was created by the legislative act of Janu-
ary 20, 1820, but it was not really organized until January
26, 1827. The first act provided for the division of all of the
territory secured from the Indians in October, 1818, into two
counties, approximately equal in size, the eastern half to be
known as Delaware county and the western half as Wabash
county. No organization was effected at first in either one
of these two counties, nor was any contemplated by the act
of 1820. It was necessary to organize this territory in some
manner in order to provide protection for the few settlers who
had already made their homes within it. The Delaware
county of 1820 included all or parts of sixteen counties as
now constituted.
By 1827 twenty counties had been organized out of the
Delaware and Wabash counties of 1820. The act of January
2C, 1327, provided for the definite organization of Delaware
county, with all the rights and privileges of an independent
county from and after the first of the following April. The
650 Courts and Lawyers of Indiana
locating commissioners placed the county seat of the new-
county on the present site and called it Muncietown. On the
early maps of the state the town was variously called Muncy-
town, Munseytown, Muncie Town and Muncietown. It took
a legislative act to remove the final syllable, the act of January
13, 1845, changing its name to Muncie.
The first Circuit court in Delaware county was held at the
home of a man by the name of Gilbert, on May 19, 1828. Miles
C. Eggleston was the President Judge of the circuit and John
Rees and Lewis Rees, brothers, were Associate Judges. Martin
M. Ray was the prosecuting attorney of this circuit, but he
was not present at the first session.
When Delaware county was organized in 1827 it was placed
in the Third circuit, over which Miles C. Eggleston was then
presiding, and he continued as President Judge until the act
of January 20, 1830, took Delaware out of the Third and
placed it in the newly organized Sixth circuit, which also in-
cluded the counties of Allen, Randolph, Henry, Wayne, Union,
Fayette, Rush and Elkhart. On January 23, 1830, the Legis-
lature elected Charles H. Test as the first Judge of this new
circuit. He resigned in December, 1835, and in January,
1836, the Legislature selected Samuel Bigger, but he resigned
a year later. In Januaiy, 1837, James Perry came upon the
bench of the Sixth circuit and was presiding when the act of
January 28, 1839, placed Delaware in the newly organized
Eleventh circuit. As the first Judge of this new circuit the
Legislature elected Morrison Rulon, but he failed to qualify
and the Governor appointed David Kilgore March 1, 1839.
Judge Kilgore served for the full term of seven years, being
followed by Jeremiah Smith in January, 1846. Judge Smith
served until the new Constitution went into operation, October
12, 1852.
Delaware county was attached to the Seventh circuit in
1852 and remained in this circuit until March 6, 1873, when
it was placed in the Twenty-fifth with Randolph. During
this period of twenty years three Judges sat on the bench in
Delaware county: Joseph Anthony, 1852-58; Joseph S.
Buckles, 1858-70 ; Joshua H. Mellett, 1870-73. Of these three
Judges, Anthony was the only one who was a resident of
The County Courts 651
Delaware county. He was an illiterate, paralytic, tavern
keeper of Muncie, and it is hard to conceive at the present
time how the voters of the circuit came to select such a man to
preside over their courts. A large majority of the lawyers
refused to try cases before him and had them continued
from term to term vdth the hope that he would resign. When
they found that he was going to serve his term out the lawyers
in other counties prevailed upon the Legislature to organize
a new circuit or attach their counties to some circuit already
organized. In fact, two years later the Legislature, by the
act of February 9, 1855, restricted his jurisdiction to his own
county and Blackford ; Henry, Wayne, Randolph and Jay were
detached frorn the Seventh and organized as the new Thir-
teenth. Judge Anthony went off the bench in the fall of
1858, and the Legislature of that winter reorganized the
Seventh circuit to be composed of the counties of Delaware,
Blackford, Hancock, Madison, Hamilton, Tipton and Howard.
When Delaware was united with Randolph in the Twenty-
fifth circuit in 1873 Governor Hendricks appointed John J.
Cheney as the first Judge of the new circuit to serve until
the fall election of the same year. At that time Silas Col-
grove was elected and served for a full term of six years,
being followed by Leander J. Monks of Randolph county, who
was on the bench when the act of March 5, 1885, divided the
Twenty-fifth, leaving Randolph as the sole county of the
Twenty-fifth and constituting Delaware as the Forty-sixth
circuit. On the date the act was passed Governor Gray ap-
pointed Orlando J. Lotz as the first Judge of the new Forty-
sixth. He was elected in the fall of 1886 and served until
1892. George H. Koons then came on the bench for a six-
year term, being followed by Joseph G. Lefiier, who served
until 1910. The present incumbent, Frank Ellis, took the
bench November 15, 1910.
ASSOCIATE JUDGES.
John Rees August 22, 1827; resigned, June, 1830.
Lewis Rees August 22, 1827; resigned, June, 1830.
John Touilinson August 9. 1830 (special election), to seiTe seven
years from August 22, 1827.
Samuel McCulloch .August 9, 1830 (special election), to serve seven
years from August 22, 1827.
William McCormick—. August 12, 1834.
652 Courts and Lawyers of Indiana
William Vau Matre Aufrust 12, 1S34: resigned. July 5, 1836.
Eleazer Cofflu August 10, 1S36 (special election), to serve seven
years from August 22, 1834, to succeed William
Van Matre.
John Pacbey August 10, 1839, vice Eleazer Coffin, resigned.
Joliu Richey August 9, 1841, to serve seven years from August
22, 18-41.
John Brady August 0, 1841, to serve seven years from August
22. 1841.
John A. Gilbert August 18. 1848. to serve seven years from August
22. 1848.
John Brady Vugust IS. 1848. to serve seven years from August
22. 1848.
PROBATE JUDGES.
From the time the Probate court was established in Dela-
ware county until it was abolished in 1852 there were only-
two Judges who occupied the Probate bench. The first was
John Tomlinson, who was commissioned August 12, 1834,
and by subsequent elections apparently served until August
10, 1844. However, there is a record in the secretary of
state's office which seems to indicate that one Samuel R. Col-
lier was a Probate Judge at some time prior to May 28, 1838.
To quote from the record : "May 28, 1838, a writ of election
issued for the election of a Probate Judge, vice Samuel R. Col-
lier, deceased." There is no record of a commission issued to
Collier as a Probate Judge, although he undoubtedly did serve
for a time. Enoch Nation was commissioned August 10,
1844, to succeed Tomlinson, who had resigned, and he served
until 1852. (For Superior Court, see Grant county.)
PROBATE JUDGES.
John Tomlinson .Vugust 12, 1834. to serve seven years from date;
resigned, July 5, 1836.
John Tomlinson November 16. 1.836, apiJointed to serve until next
general election.
John Tomlinson August 16, 1837, to serve seven years from date,
resigned, August 17, 1844.
Enoch Nation August 10, 1844, to' serve seven years from August
10, 1844.
"May 28, 1.838. a writ of election issued for the
election of a probate judge, vice Samuel R. Collier.
deceased." Quoted from records, yet no prior
mention has been made of Collier.
i:iiool] Nation August 21. 1851. to serve seven years from August
10, 1851.
The County Courts 653
COMMON PLEAS JUDGES.
Wnlter March 1852-56.
Henry S. KeHe.v 1850-00.
Jacob M. Haynes l.sdii-Tl, resigned.
Jolin J. Cheney \]ii)(.iinted November 22, 1S71-73.
DISTRICT PROSECUTING ATTORNEYS.
William Brotherton 1852-54.
Henry S. Kelley 1854-50.
R. T. St. John lx.-,i;-.58.
John D. Chipman 185S-00. /
T. J. Hosford 1800-02.
Enos. L. Watson 1802-04.
John T. Hawkins 1804-66.
Arthur C. Mellett 1806-08.
Phillip A. B. Kennedy-- 1808-72.
William H. Lewis 1872-73.
PRESIDENT JUDGES.
Miles C. Eggleston April 1. lS27-Jauuary 20, 1830. The act of Janu-
ary 20, 1830, took Delaware out of the Third and
put it in the Sixth.
Charles H. Test Appointed January 23, lS30-December 11, 1835,
resigned.
Samuel Bigger A|i]iointed January 20. l,S36-January 3, 1837, re-
signed.
James Perry January 3. 1837-January 28. 1S39. The act of
January 28, 1S39, put Delaware in the Eleventh.
Morrison Rulon Appointed January 30, 1839; never qualified.
David Kilgore Apiiointed March 1, lS39-January 30, 1846.
Jeremiah Smith January 30. 1846-October 12, 1852.
CIRCUIT JUDGES.
Joseph Anthony October 12, 1852-October 26, 1858. Seventh Cir-
cuit.
Joseph S. Buckles October 26, 185S-October 15. 1870.
Joshua H. Mellett October 15, 1870-March 6, 1873. The act of March
6, 1873, put Delaware in the Twenty-fifth.
John J. Cheney Appointed March 12, 1873-October 22, 1873.
Silas Colgrove October 22, lS73-Oetober 22, 1879.
Leander J. Monks October 22, lS79-March 5, 1885. The act of March
5. 1885. made Delaware the sole county in the
newly created Forty-sixth, where it has since re-
mained.
Orlando J. Lotz Appointed March 5, 188.5-Xovember 15, 1892.
George H. Koons November 15, 1892-November 15, 1898.
Joseph G. LefCler November 15, 1898-November 15, 1910.
Frank Ellis November 15, 1910; term expires November 15,
1916.
654 Courts and Lawyers of Indiana
PROSECUTING ATTORNEYS.
Cyrus Finch April 1, 1827-December 30, 182S. Third circuit.
Martin M. Ray December 30. lS2S-January 20, 1S30. The act of
January 20, 1830, took Delaware out of the Third
and put it in the Sixth.
James Perry January 2.5, lS30-Januai-y 25, 1S32.
William J. Brown January 25, 1832-December 10, 1836, resigned.
Samuel Parker Ajipointed December 10, 1836-December 30, 1838.
David Macey December 30, 183S-January 28, 1830. The act of
January 28, 1839, put Delaware m the Eleventh.
Jehu T. Elliott February IS, 1839-August 20. 1839, resigned.
John Brownlee Appointed August 20. 1839-December 5, 1839.
Jeremiah Smith December 5, 1839-December 15, 1811.
John M. Wallace December 15, lS41-Xovember 14. 1843.
John Davis Appointed November 14, 1843-September 7, 1S46.
Joseph S. Buckles September 7, 1846-September 7, 1848.
William Carver August 20, 1851-October 12, 1852.
Silas Colgrove October 12. lS52-November 7, 1854. Seventh cir-
cuit.
Elijah B. Martindale— November 7, ISol-March 5, 1855; transferred to
Thirteenth.
Andrew J. Neff \ppointed March 5, lS55-November 9, 1855.
William Brotherton November 9. lS55-November 12, 1857.
David Nation November 12, 1857-October 31, 1859.
David Moss October 31, lS59-November 12. 1861.
John A. Harrison November 12, lS61-November 12, 1865.
Lemuel G. Gooding November 12, 1865-November 12, 1867.
David W. Chambers— -November 12. lS67-October 21, 1872.
John W. Ityan October 21, lS72-October 26. 1874, The net of
March 6. 1873. put Delaware in the Twenty-fifth
and transferred Ryan from the Seventh to the
Twenty-fifth.
Alexander Gullett October 26, 1874-October 26, 1876.
A. O. Marsh October 26, 1876-October 26, 1878.
Josiah E. Mellett October 26. lS78-November 9, 1882.
John W, Newton Appointed November 9. lS82-November 17, 1882.
Thomas A. Spence November 17. lSS2-August 22. 1883.
John R. JIcMahan August 22. lSS3-November 17, 1884.
Chauncey L. Medsker_. November 17. 18S4-Novemher 15, 1886. The act of
March 5, 1885, made Delaware the sole county in
The newly created Forty-sixth, where it has since
remained, and transferred Medsker from the
Twenty-fifth to the Forty-sixth.
George W. Cromer November 15. ISSO-November 15. 1890.
Joseph G. Leffler November 15, ISOO-November 15, 1894.
Henry L. Hopping November 15, lS94-November 15, 1898,
Edwin M. White November 15, 189S-January 1. 1901.
The County Courts 655
Clarence W. Deartli January 1, 1901-Jauuary 1, 1005.
Albert E. XeedUam January 1, lOOo-January 1, 1007.
Robert W. Monroe January 1, 1907-January 1, 1909.
Harry Long January 1, 1909-Jauuary 1, 1913.
J. Frank Mann January 1, 1913 : term expires January 1, 1917.
Dubois County.
Dubois county was organized by the Legislature on Decem-
ber 20, 1817, and the act became effective on the 1st of the
follo\ving February. The first county seat was the village
of Portersville, located on White river on the northern boun-
dary of the county. As the population increased, it became
very evident that a more central location for the county was
necessary. The first attempt to make a change was based
on the act of January 19, 1829, but the locating commissioners
provided by this act failed to accomplish anything and the
Legislature was importuned a second time to pass an act to
relocate the county seat. This second act, January 21, 1830,
repealed the act of the previous year and provided for another
commission of five men from adjoining counties to select a
suitable site for the county seat. A supplementary act was
passed on January 30, 1830, explaining some of the provisions
of the act passed nine days previously. When the locating
commissioners met at Portersville on the second Monday of
August, 1830, they were met by representatives from two
sections of the county. The site of Jasper was finally selected
because it was near a goodly supply of running water, near
the center of the county, and for the additional reason that
a mill had already been erected on this site. The town of
Jasper was laid out in September, 1830, by Hosea Smith,
surveyor of Pike county. An interesting story concerning the
name of the new town has been handed down through suc-
ceeding generations. The commissioners were going to name
the new town Eleanor or Elandor, in honor of Mrs. Enlow,
wife of Joseph Enlow. one of the donors of the townsite. Mrs.
Enlow, however, did not seem anxious to assume the responsi-
bility of having the town named after her and said to the locat-
ing commissioners when they asked to name the town for her,
"No, wait, let me select a name," and going to her Bible, she
656 Courts and Lawyers of Indiana
returned, opened the book and the name of Jasper appeared on
the page before the commissioners — and thus the town was
named.
The first Circuit court met at the house of William Mc-
Donald in August, 1818, with Jonathan Doty as President
Judge, and Arthur Harbison as Associate Judge.
ASSOCIATE JUDGES.
Arthur Harbison February 28, ISIS.
Jeremiah Jones February 28, 1818.
William JlcMahon August 9, 1919, vice Jeremiah Jones.
B. B. Edmonson August 27, 1823.
William Grau August 27, 1823.
B. B. Edmonson [September S, 1824 ; resigned December 15, 1S29.
."i^sbury Alexander September 8, 1824.
Edward Woods February 15, 1S30, vice B. B. Edmonson ( re-
signed), to serve seven years from September 8.
1824.
Edward Woods August 29. 1831, to .serve seven years from Feb-
ruary 28, 1832.
John Niblack August 29. 1831, to serve seven years from Feb-
ruary 28, 1832; resigned October 1, 1833.
Daniel Harris April 24. 1835 (special election), to serve seven
years from February 28, 1832.
Henry Bradley September 4. 1838, to serve seven years from
February 28, 1839; resigned August, 1S42.
Willis Hays September 4, 1S3S, to serve seven years from Feb-
ruary 28, 1839.
Robert Oxley October 31, 1842; to serve seven years from Feb-
ruary 28, 1839, vice Henry Bradley, resigned.
William Cavender August 21. 1845, to serve seven years from Feb-
ruary 28, 1846.
Thomas Shoulders August 21, 1845, to serve seven years from Feb-
ruary 28, 1846; resigned prior to August 5, 1S50.
Conrad Miller September 4, 1850, appointed, to serve seven years
from February 28, 1850, vice Thomas Shoulders,
resigned.
PROBATE JUDGES.
B. B. Edmonson August 25, 1829, certificate of vacancy November
16, 1836, filed.
B. B. Edmonson .Vugust 22, 1837.
Daniel Harris January 18, 1841, vice B. B. Edmonson.
Moses Kelso October 1, 1841, to serve seven years from date.
Andrew B. Spradey September 16, 1848, to serve seven years from
October 1, 1S4S.
The County Courts 657
COMMON PLEAS JUDGES.
Lemuel O. DeP.ruIer— _1,S52-G0.
Johu J. Key ISliO-Ol, resigned.
Charles J. Mason Appointed November 15, 1S61-G2.
David T. Laird Appointed November 1, 1862-70, resigned.
Charles J. Mason Appointed September 5, ISTO-October 24, 1870.
Milton S. Mavity 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
William A. Wandell 1S52-54, office became vacant.
Harmon G. Barkwell — Appointed January 10, lSi54.
Joshua B. Huckaby 18.54-50.
John I. Key ls.5(;; failed to qualify.
Christopher A. lUid(l_-Aiii)ciiiited March 3, 1S57, resigned.
William H. Blunt Appointed November 20, 1857-59.
George P. Dewess 1859-GO.
Wiley Adams 1860-62.
William C. Adams 1862-64.
J. J. McAllister 1804-00, resigned.
Milton S. Mavity Appointed January 20, 1860.
Sidney B. Hatfield 1800-08.
John W. Buskirk 1N0,s-(;;o. resigned.
William Farrell Aiipoiuted June 14, 1800-70.
John C. Schafer 1870-73.
PRESIDENT JUDGES.
William Prince February 1, ISlS-May 16, 1818, resigned. First
circuit.
Thomas Blake Appointed May 16, ISlS-December 31, 1S18.
General W. Johnston.. -December 31, 1818- April 10, 1819, resigned.
Jonathan Doty Appointed April 10, 1819-December 31, 1821. The
act of December 31, 1821, put Dubois in the Fourth.
Richard Daniel December 31, 1821-February 21, 1822.
James R. E. Goodlet— . February 21, lS2-January 25, 1S32.
Samuel Hall January 25, 1832 ; resigned April 20, 1835.
Charles I. Battell Appointed April 20, lS35-December 11, 1835.
Elisha Embree December 11, 1835-Januai-y 1, 1846.
James Lockhart January 1, 1846; resigned September 21, 1851.
&.lvin P. Hovey Appointed September 21, 1851-October 12, 1852.
CIRCUIT JUDGES.
There appears to have been a few months when Dubois
and Pike counties were not attached to any circuit. The first
circuiting after the adoption of the new Constitution shows
that Dubois and Pike were placed in the Third circuit with
Knox, Daviess, Martin, Gibson, Posey, Vanderburg, Warrick,
(42)
658 Courts and Lawyers of Indiana
Spencer, Cra^vford and Periy. The next change affecting the
circuit was made with the act of February 22, 1859, at which
time tha Third circuit was reorganized to include the counties
of Dubois, Pike, Knox, Martin, Daviess and Gibson. No
change was made in the circuit until December 21, 1872, when
the Third circuit was made to include Knox, Daviess, Martin,
Gibson, Posey and Vanderburg — but not Dubois or Pike.
Nothing is given in the act (Laws of Indiana, 1871, p. 21)
to indicate what disposition was made of Dubois and Pike
counties, nor is there any mention made of either county
until the act of March 6, 1873, which put Dubois and Pike
in the Eleventh circuit with Gibson. Apparently Dubois and
Pike counties were not attached to any circuit from December
21, 1872, until March 6, 1873. In reply to a letter of inquiry
concerning this question, Hon. John L. Bretz, the present
Judge of the Fifty-seventh circuit — Dubois and Pike — states
that such was the case; that the two counties were left out
of the Third circuit in 1872 and were not attached to any cir-
cuit until the act of March 6, 1873. In explanation ot this
state of affairs. Judge Bretz says, "Owing to some troubles
at that time as to who should be Judges, several of the cir-
cuits in the southern part of the state were badly disar-
ranged." The Eleventh circuit remained unchanged until
March 8, 1895, when Gibson and Posey were constituted the
Eleventh and Pike and Dubois the newly created Fifty-
seventh.
CIRCUIT JUDGES.
Alviu P. Hovey October 12, 1S52; resigned September 2G, 1S54.
Third circuit.
Willinm E. Niblacli Appointed September 2G, 1854; resigned October
24, 1857.
Ballard Smith Appointed October 24, 185T-November 1, 1S5S.
Michael F. Burke November 1, 1858 ; died in otHce In June, 1864.
James C. Denny Appointed June 27, 1864-November 1, 1864.
John Baker November 1, 1864-November 1, 1870.
Newton F. Mallott November 1, lS70-March 6, 1873. The act of March
6, 1873. put Dubois in the Eleventh.
Oscar M. Welborn Appointed March 12, 1873-March 8, 1895. The act
of March 8, 1895, put Dubois in the Fifty-seventh
with Tike, where they have since remained.
Eugene A. Ely__ Appointed March 26, lS95-November IG, 1908.
John L. Bretz November 10, 1908-term expires November 16, 1920.
The County Courts 659
PROSECUTING ATTORNEYS.
Amos Clark August 9, 1824-August 14, 1826. Fourth circuit.
Charles I. Battell August 14, lS26-December 30, 1832.
John Pitcher December 30, lS32-August 10, 1836.
Ebea D. Edson Apiiointed August 10, lSo6-Jauuary, 1837.
John A. Brackeuridge— January, 1837-December 7, 1838.
Ebeu D. Edson December 7, lS38-Deeember 10, 1840.
John Pitcher December 10, 1840-August 6, 1841, resigned.
John Ingle Appointed August 6, 1841-December 10, 1841.
James Lockhart December 10, 1841-September 19, 1845.
Ebeu D. Edson September 19, lS45-August 27, 1846.
Samuel S. DeBruler___ August 27, 1846-August 27, 1848.
Andrew L. Robinson___ August 23, 1849-September 1, 1851.
Harmon G. Barkwell — September 1, 1851-October 12, 1852.
Andrew L. Robinson October 12, 1852-November 7, 1854. Third circuit.
Nathaniel Usher November 7, I8.o4-November 22, 1855, resigned.
Harmon G. Barkwell — November 22, 1855-August 31, 1857, resigned.
William F. Parrott Appointed August 31, lSo7-November 12, 1857.
James H. Shanklin November 12, 1S57; resigned October 11, 1858.,
Commissioned November 24, 1858. served to August
3, 1859, when he was removed by act of Legisla-
ture to Fifteenth.
Richard A. Clements, Jr. Appointed August 3, lS50-August 14, 1SC6.
W. Ray Gardiner Appointed August 14, lS66-November 3, 1866.
Cutler S. Dobbins November 3, lS66-Noyember 3, 1872.
Samuel H. Taylor November 3, lS72-March 6, 1873. The act of March
6, 1873, put Dubois In the Eleventh.
John G. Schafer -Appointed March 12. 1873-October 15, 1877.
William H. Trippett— Apointed October 1.5, 1877-October 26, 1880.
Arthur H. Taylor October 26. ISSO-November 17, 1884.
John L. Bretz November 17, lSS4-November 17, 1890.
Thomas H. Dillon November 17, 1890-November 17, 1892.
William E. Cox November 17, 1892-November 17, 1898. The act of
March 8, 1895, put Dubois in the Fifty-seventh
with Pike, where they have since remaine<l. This
act transferred William E. Cox from the Eleventh
to the Fifty-seventh.
Kerr Traylor November 17, 1898-January 1, 1901.
Lee H. Fisher January 1, 1901-January 1, 1905.
Bomar Traylor January 1, 1905-January 1, 1909.
Harry W. Carpenter... January 1. 1909-January 1. 1915.
Stanley M. Kreig January 1. 1915: term expires January 1, 1917.
Elkhart County.
Elkhart county was organized January 29, 1830, and the
act became effective on the first of the following April. At
660 Courts and Lawyers of Indiana
that time all of the territory included within the present
counties of Lagrange, Steuben and the northern parts of Noble
and Dekalb was in the civil township of Mongoquinong and
under the jurisdiction of Elkhart county. A special session of
the court of justices (which at that time performed the same
duties as the present county commissioners) was held in
March, 1830, to hear the report of David Miller, Anthony L.
Davis and L. G. Thompson, the commissioners designated in
the act organizing the county, to locate the county seat. They
selected a site about five miles northwest of the present town
of Goshen, at a town known as Dunlap. The ceding of a half
tier of the tov^aiships on the west side of the county to St.
Joseph made it necessary to select a more central location.
With the assistance of the legislative act of February 10, 1831,
the present site of Goshen was selected and a town was at
once surveyed and platted, the first sale of lots occurring on
June 20th of the same year. The couii; house which was
provided for the same year was the first one erected north
of the Wabash river in Indiana.
The first session of the Circuit court was held on Novem-
laer 15, 1830, at the house of Chester Sage, near Elkhart, by
Peter Diddy and William Latta, Associate Judges. The Presi-
dent Judge of the circuit, Charles H. Test, was not present
and did not meet with the local Associate Judges until April
of the following year. It is interesting to note that the second
session of the court (October 31, 1830) was held on the open
prairie near the residence of James Friar, although the
second day of this session was held in a house in Goshen.
Some idea of the density of the population of the county in
1832 may be gathered when it is noted that only one hundred
and eighty-nine votes were cast for President in that year.
When Elkhart county was organized in 1830 it was the
first one to be formally organized north of the Wabash river
and. as has been stated, it had the first court house north of
the river. It was attached to the Sixth judicial circuit, which
had been organized by the act of January 20, 1830, the circuit
at that time including the counties of Elkhart, Allen, Delaware,
Randolph, Henry, Wayne, Union and Fayette. This meant
The County Courts 661
that the President Judge and his coterie of circuit riders had
to traverse all of the territory between Connersville and
Liberty, on the south, and Dunlap, the county seat of Elkhart,
on the north. The counties of Kosciusko, Noble, Lagrange,
Steuben, Dekalb, Whitley, Wabash, St. Joseph, Marshall, Ful-
ton, Miami, Huntington, Wells, Adams, Jay, Blackford and
Grant were not organized, and all of the territoiy now included
in those -counties was attached to the Sixth circuit for civil
and criminal jurisdiction. In other words, the President
Judge of the Sixth circuit in 1830 presided over the territory
now included within twenty-five counties in the northeastern
part of the state.
The first Judge of this circuit, after Elkhart became a part
of it, was Charles H. Test, who administered justice in this
extensive region until the act of January 7, 1833, organized
the Eighth circuit. This circuit included the counties of Elk-
hart, Carroll, Cass, Miami, Wabash, Huntington, Allen, La-
grange, St. Joseph and Laporte. Whitley was attached to it
when it was organized, February 6, 1836. In addition, there
was considerable unorganized territory which came under the
jurisdiction of contiguous counties. When this new circuit
was organized, Gustavus A. Everts was chosen by the Legisla-
ture to preside over it, and he served until July 5, 1836, when
he resigned. Governor Noble appointed Samuel C. Sample to
fill out the unexpired term of Judge Everts, and he served
until 1843, when he resigned to make the race for Congress
in the Ninth congressional district. Judge Sample was elected
to Congress and served during the Twenty-eighth session
(1843-45).. While Judge Sample was on the bench the act of
December 19, 1836, organized the Ninth circuit and Elkhart
was transferred to this new circuit, Judge Sample also being
transferred to the new circuit. Upon the resignation of Sam-
ple in 1843 Governor Whitcomb appointed John B. Niles to
serve out his unexpired term, but he resigned December 1,
1843. The Legislature selected Ebenezer M. Chamberlain, and
he continued on the bench of the Ninth circuit until August
28, 1852, when he resigned. Governor Wright then appointed
Robert R. Lowry, who served until the new Constitution went
into operation, the 12th of the following October.
662 Courts and Lawyers of Indiana
When the state was divided into ten circuits in June, 1852,
Elkhart was placed in the Tenth circuit with Adams, Wells,
Huntington, Wabash, Whitley, Allen, Noble, Lagrange, Steu-
ben and Kosciusko. Elza A. McMahon was the first Judge
elected for this circuit and served until he resigned, August
15, 1855. Governor Wright appointed James L. Worden to
fill out the unexpired term of Judge McMahon, but he resigned
January 16, 1858, to accept a seat on the Supreme bench of
Lidiana, to which he had been appointed by the governor.
Judge Worden continued on the Supreme bench until January
3, 1865. He was again elected in the fall of 1870 to the
Supreme bench and served by re-election until he resigned,
December 2, 1882, to become Judge of the Superior court of
Allen county.
Governor Willard appointed Reuben L. Dawson to succeed
Judge Worden when the latter went on the Supreme bench.
Judge Dawson only served until after the fall election of 1858,
at which time Edward R. Wilson was elected. Judge Wilson
served a full term of six years, being succeeded in October,
1864, by Robert R. Lowiy. The act of February 20, 1867,
organized the Fourteenth circuit out of the counties of Elk-
hart, Lagrange, Steuben, Dekalb. Noble and Kosciusko. Judge
Lowry was left on the bench of the old Tenth circuit which,
by this act, was composed of Adams, Wells, Whitley and
Allen. Governor Baker appointed, February 28, 1867, Hiram
S. Tousley as Judge of the newly created Fourteenth circuit,
and he served until October, 1872. In the fall of that year
James I. Best was elected Judge of the Fourteenth.
When the entire state was recircuited with the act of
March 6, 1873, Elkhart was united with Lagrange in the
Thirty-fourth circuit, and no change has been made in the
circuit since that time. Governor Hendricks appointed James
D. Osborn, March 13, 1873, as the first Judge of the newly
created Thirty-fourth circuit to serve until the election in the
following October. At the fall election of that year William A.
Woods was elected Judge of the Fourteenth, and he served
by re-election until January 3, 1881, when he resigned to
accept a seat on the Supreme bench, to which he had been
elected in the fall of 1880. Judge Woods served as a member
The County Courts 663
of the Supreme court from January 3, 1881, until May 8,
1883, when he resigned to become United States District Judge.
He served in this capacity until March 7, 1892, when he was
appointed United States Circuit Judge for the Seventh circuit,
a position which he held until his death.
When Judge Woods resigned in 1881 from the bench of
the Thirty-fourth circuit Governor Porter appointed James
D. Osborn as his successor, and he served by re-election until
November 15, 1888. John M. Van Fleet took the bench as
the successor of Judge Osborn and was, in turn, followed in
1894 by Henry D. Wilson, who likewise served a full term of
six years. Joseph B. Ferrall became Judge, November 16, 1900,
and served until his death, February 16, 1904. During the
nine days which intervened between the death of Judge Ferrall
and the appointment of Francis D. Merritt, Otis L. Ballou
presided as Judge. Judge Merritt served by appointment from
February 25, 1904, until the 16th of the following Novem-
ber, when he was succeeded by James S. Dodge. The present
incumbent, James S. Drake, ascended the bench November
21, 1910, for the regular six-year term.
ASSOCIATE JUDGES.
William Latta June 11, 1830; resignea. September 10, 1S36.
Peter Diddy June 11, 1S30; resigned, September, 1S.33.
Aaron M. Ferine November IS, 1.833, vice Peter Diddy (resigned), to
serve seven years from June 10, 1S30; resigned,
August, 1S35.
Havillali Beardsley September 24, 1S35, vice Aarou JI. Ferine (resign-
ed), to serve seven years from June 10, 1830.
Havillah Beardsley August 10, 1836, to serve seven years from June 10,
1837.
Elias Baker August 10. 1836, to serve seven years from June 10,
1837.
Ebenezer Brown November 26, 1836, appointed to serve seven years
from June 10, 1830, vice William Latta, resigned.
Asa A. Norton August 17, 1S40.
Joseph Beane August 10, 1S43, to serve seven years from June 10,
1844.
Asa A. Norton August 21. 1844, to serve seven years from June
10, 1844.
Samuel Simonton August IS, 1845. to serve seven years from June
10, 1S44.
664
Courts and Lawyers of Indiana
Solomon P. TeomaD Vugiist 30, 1S50, to serve seven years from June
10, 1S51.
Harden Cleveland August 30, 1S50, to serve seven years from June 10,
1S51.
PROBATE JUDGES.
John Carpenter August 10, 1831; refused to accept commission for
second term in 1S35. Writ issued June 16, 1835,
for new election.
Samuel P. Beebe August 14, 1S35, to serve seven years from date.
Samuel P. Beebe August 10, 1842, to serve seven years from August
14. 1S42.
James Cook July 27, 1848, vice Samuel P. Beebe, resigned.
Joseph H. Mather August 28, 1S4S, to serve seven years from date.
COMMON PLEAS JUDGES.
John H. Mather 1S52-.5G.
Edgar W. Talcott 1856-GO.
Elisha Egbert 1SG8-T0.
Edward J. Wood 1870-72.
Daniel Koyes 1S72-73.
DISTRICT PROSECUTING ATTORNEYS.
Eobert Parrett 18.j2-54, resigned.
E. W. Metealf Appointed November 9, 1854-56, resigned.
Mile S. Hascall Appointed October 28, 1856-58.
John K. Morrow 1858-60.
Charles P. Jacobs 1860-62.
William Andrews 1SG2-6S.
Joseph B. Arnold 1868-70, resigned.
Orville T. Chamberlain Appointed July 15, 1870.
William B. Hess 1870-72.
George Ford 1872-73.
PRESIDENT JUDGES.
Charles H. Test April 1, lS30-January 7, 1833. The act of January
7, 1833, took Elkhart out of the Sixth and put it
in the Eighth.
Gustavus A. Everts Appointed January 9, 1833-July 5, 1836, resigned.
Samuel C. Sample Appointed July 5, 1836-July 13, 1843, resigned.
The act of December 19, 1836, organized the Ninth
and Elkhart was put in it. Sample was trans-
ferred to the Ninth upon its organization.
John B. Niles Appointed August 8, lS43-December 1, 1S43, re-
signed.
E. M. Chamberlain Apiiointed December 1, lS43-August 28, 1852, re-
signed.
Robert R. Lowry Appointed August 28, lS52-August 12, 1852.
The County Courts 665
CIRCUIT JUDGES.
Elzn A. Jlcilnbon October 12, lS52-resiguecl, August 15, ISoo. Teuth
Circuit.
James L. Worden Appoiuted August 15, 1855; resigned, January 16,
1S6S, to accept a seat on the Supreme bench.
Reuben L. Dawson Appointed January IS, lS5S-October 26, 1.858.
Edward R. Wilson October 26, lS5S-October 26, 1864.
Robert R. Lowry October 26, lS64-February 20, 1867. The act of
February 20, 1867, put Ellshart in the newly cre-
ated Fourteenth.
Hiram S. Tousley Appointed February 2.8, 1867-October 30, 1.S72.
James I. Best October 30, lS72-March G, 1873. The act of March
6, 1873, put Elkhart in the newly created Thirty-
fourth with Lagrange, where they have since re-
mained.
James D. Osborn Appoiuted March 13, lS73-October 22, 1873.
William A. Woods October 22, 1873; resigned, January 3, ISSl, to ac-
cept seat on the Supreme bench.
James D. Osborn Appointed January 6, 18Sl-November 15, ISSS.
John M. Van Fleet November 15, 18S.8-November 11, 1894.
Henry D. Wilson November 14, 1894-November 16, 1900.
Joseph B. Ferrall November 16, 1900-February 16, 1904, died in office.
Francis D. Merritt Appoiuted February 25, 1904-November 16, 1904.
James S. Dodge Novemlier 16, in04-November 21, 1910.
James S. Drake November 21, 1910; term expires November 21,
1916.
PROSECUTING ATTORNEYS.
James Perry April 1, l.S30-Januai-y 25, 18.32. Sixth circuit.
William J. Brown January 25, 1832-January 7, 1833. The act of
January 7, 1833, took Elkhart out of the Sixth
and put it in the Eighth.
John B. Chapman January 10.. 1833-August 11, 1S34, resigned.
Samuel C. Sample Appointed August 11, lS34-July 5, 1836, resigned.
Joseph L. Jernegan Appointed July 5, 1836-August 15, 1S3S, resigned.
The act of December 19, 1836, organized the Ninth •
and Elkhart was put in it. Jernegan was trans-
ferred to the Ninth from the Eighth.
John B. Niles Appoiuted August 15, lS38-December 7, 1838.
William C. Hanna j December 7, lS3S-December 15, 1842.
E. M. Chamberlain December 15, lS42-September 19. 1843, resigned.
Reuben L. Farnsworth. September 19, lS43-September 19, 1845.
Johnson Horrell September 19, 1845.
James Bradley Appointed Auril 13, 1846-August 25.«184G, vice Reu-
ben L. Farnsworth removed from state. Johnson
Horrell having failed to file with secretary of state
his bond and oath of office, his commission was re-
turned under date of April 29, 1846, said Farns-
worth not vacating his office.
666 Courts and Lawyers of Indiana
Josepli H. Mather \u-usi lt,. Is-ic-August 25, 1848.
James S. Frazer Aii^'u-^i l:^. lN:.l-(>ctober 12, 1852. Tenth circuit.
John M. Couuell (Ut.ilici- li', ls."2-.Jauuary 27, 1853.
Joseph Braclienridge—Aiipointea January 27, lS53-Februai-y 17, 1853;
refused to accept office.
James L. Worden Appointed February 17, 1853 ; resigned February 1,
1854.
E. R. Wilson February 1, lS.54-August 20, 1856, resigned.
Sanford J. Stoughton.. August 20, 1850-December 6, 1858.
James M. Defrees December G, 1858; died May, 1859.
John Colericli Appointed May 10, 1859-October 26, 1860.
Augustus A. Chapin October 26, 1860-November 3, 1862.
James H. Schell November 3, lS62-Xovember 3, 1866.
Thomas W. Wilson November 3, ISGO-Februai-y 20, 1867. The act of
February 20, 1867, put Elkhart in the newly cre-
ated Fourteenth.
James H. Carpenter Appointed March 7, 1867-October 30, 1867.
Ezra D. Hartman October 30, lS67-October 24, 1870.
James McGrew October 24, lS70-May 20. 1872.
Leigh H. Haymond Appointed May 20, lS72-March 6. 1873. The act of
March 6, 1873, put Elkhart in the newly created
Thirty-fourth with Lagrange, where they have since
remained.
Cyrus U. Wade Appointed March 13, 1873-October 22, 1873.
Wesley 0. Glasgow October 22, 1873-October 22, 1877.
Cyrus U. Wade October 22, 1877-October 22. 187!).
James S. Drake October 22, 1879-October 22. 1883.
Francis D. Merritt October 22, 1883-October 22, 1887.
John E. McClaskey October 22, 18S7-October 22, 1889.
John T. Sullivan October 22, 1880-October 22. 1893.
Miles R. McClaskey October 22, 1893-October 22, 1897.
Charles G. Sims October 22, lS97-January 1. 1901.
William B. Hile .Tauuary 1, 1901-Janu:uy 1, 1906.
William H. Duff January 1, 1906-January 1, 1908.
Lloyd L. Burris January 1, 1908; resigned, December 29, 1910.
James L. Harmon Appointed December 29, 1910-January 1, 1912.
Sidney K. Ganiard January 1, 1912-January 1, 1914.
Oscar Jay January 1, 1914; term expires January 1, 1918.
SUPERIOR COURT .JUDGES.
A separate Superior court for Elkhart county was estab-
lished with the act of February 21, 1913. Prior to this date
(January 31, 1907) Elkhart and St. Joseph counties had been
united in a Superior court district, and they remained united
until the act of February 21, 1918, provided for a separate
Superior court for each county. Upon the organization of
the joint Superior court for the two counties in 1907 Cover-
The County Courts 667
Tior Hanly appointed, April 4, 1907, Vernon W. Van Fleet as
Judge of the newly created court, to serve until January 1,
1909. The first session of the court convened on April 22,
1907. On April 4, 1907, a temporary restraining order was
issued by the Elkhart Circuit court restraining the board of
county commissioners from furnishing a place to hold court
or from furnishing supplies or allowing the clerk and sheriff
of the county to act in their respective capacities as such
officers of the Elkhart Superior court. The court opened,
however, in the Elkhart city council chamber, the use of the
room being donated by the city authorities, and the court
proceeded to appoint L. A. Dennert, a former clerk of the
Elkhart Circuit court, as clerk pro tem. and Fred N. Dewey,
coroner, as sheriff. Thus court was opened. Later a per-
manent injunction was granted by the Elkhart Circuit court;
the case was appealed to the Supreme court of the state ; the
case reversed, and then court was held in the manner pre-
scribed by statute. At the first election following his appoint-
ment Judge Van Fleet was elected to succeed himself, and by
a subsequent act of the Legislature had his term extended
two years. He was on the bench when the act of February
21, 1913, dissolved the Elkhart-St. Joseph Superior court and
organized a separate Superior court for each county. Before
the division of the district Judge Van Fleet had moved to
South Bend, St. Joseph county, and consequently became the
first Judge of the St. Joseph Superior court upon its organiza-
tion. Governor Ralston appointed James L. Harmon as the
first Judge of the Elkhart Superior court to serve until Janu-
ary 1, 1915. Judge Harmon was elected at the November,
1914, election and is now on the bench.
Fayette County.
Fayette county was organized by the Legislature, Decem-
ber 28, 1818. and the act provided for the opening of the
county on the 1st of the following January. Connersville
lias been the county seat from the beginning and no other
tov»n in the county has ever threatened to take the honor
away from it.
The first term of the Circuit court of Fayette county met
668 Courts and Lawyers of Indiana
in Connersville on May 3, 1819, at the house of George Reed.
At the first session John Watts was the President Judge, Train
Caldwell and Edward Webb, Associate Justices, and W. W.
Wick, prosecuting attorney. At the time of the organization
of the county, it was attached to the Third judicial circuit.
The county has been attached to several different circuits, in-
cluding various contiguous counties, but since March 2, 1883,
it has been united in the Thirty-seventh circuit with Franklin
and Union counties.
Prior to 1829 the Associate Judges functioned as Probate
Judges. The first Probate court met April 26, 1819, and was
presided over by Train Caldwell and Edward Webb, Associate
Judges. Philip Mason was the first elective Probate Judge in
the county and he served until 1834. He was followed by
Justus Wright, who occupied the Probate bench until the office
was abolished by the Constitution of 1851.
The first term of the Common Pleas court in the district
including Fayette county opened at Connersville on the first
Monday in January, 1853, with John S. Reid on the bench.
Judge Reid retired in December, 1860, in favor of Jeremiah
M. Wilson, who presided over the court until March, 1865.
From that date until the court was abolished in 1873, John
F. Kibbey occupied the bench.
ASSOCIATE JUDGES.
Train CaldweU February 2, 1S19; resigned March 21, 1S19.
Edward Webb February 2, 1819.
William Helm March 23, 1821, vice Train Caldwell, resigned.
Edward Webb December 12, 1825, to serve seven years from
February 2, 1826.
lames Brownlee December 12, 1825, to serve seven years from
February 2, 1826; died July, 1827.
William Miller November 1, 1827 (special election), to serve seven
years from February 2, 1826.
Edward Webb .August 23, 1832.
John Treadway August 23, 1832; resigned April IS, 1837.
Stanhope Royster June 23, 1837, appointed, to serve seven years from
February 2, 1832, vice John Treadway, resigned.
Jeremiah JI. Wilson___ August 17, 1839, to serve seven years from Feb-
ruary 2, 1840.
Edward Webb Vugust 17, 1839, to serve seven years from Feb-
ruary 2, 1840.
The County Courts 669
John Scott August IS, 1S4C, to serve seveu years from Feb-
ruary 2, 1S47.
Joshua Mcintosh August IS, 1S46, to serve seven years from Feb-
ruary 2. lS-i7.
PROBATE JUDGES.
Philip Mason August IS, 1S20; resigned May 26, lS3t.
Justus Wright August S, 1834, to serve seveu years from August
4, 1834.
Justus Wright August 23, 1841, to serve seveu years from August
4, 1841.
Justus Wright August 24, l.'^S, to serve seven years from August
4, 1S48.
COMMON PLEAS JUDGES.
John S. Keid 1S52-G0.
Jeremiah M. Wilson ls(j<i-ii."j. resigned.
J. F. Kibbey Apiioiuted March G, 1SC5-73.
DISTRICT PROSECUTING ATTORNEYS.
James R. McClure 1852-54.
Joseph Marshall ]8."i4-5G.
Nathau'l McCrookshaukls.jG-58.
Clement C. Cory ls.-,8-G0.
John C. W^hitridge 18G0-G4.
Henry C. Fox 18G4-GS.
tV'illiam H. Jones 18G8-70.
John L. Rupe 1870-73.
PRESIDENT JUDGES.
Alexander A. Meek January 2, 1819-February 2, 1810, resigned. Never
held court in Fayette county. Third circuit.
John Watts Appointed February 2, lS19-January 21, 1S20.
Miles C. Eggleston January 21. lS20-January 20, 1830. The act of
January 20. 1830, put Fayette in the Sixth.
Charles H. Te.st Appointed January 23, 1S30; resigned January 20,
1836.
Samuel Bigger Appointwl January 20, 183G-January 3, 1837, re-
signed.
James Perry Appointed Januaiy 3, lS37-January 23, 1844.
Jehu T. Elliott January 23, lS44-February 15, 1851.
Oliver P. Morton February 15, 1851-October 12, 1852.
CIRCUIT JUDGES.
William M. McCarty___Octol)er 12, 1852; resigned July 29, 1853. Fourth
circuit.
William S. Holman Appointed July 29, 1853; resigned August 10, 1853.
Reuben D. Logan Appointed August 10, lS53-October 12, 1S65.
Jeremiah M. Wilson___ October 12, lS65-October 24, 1871.
670 Courts and Lawyers of Indiana
Williuru A. Culleii October 24. ISTl-October 24, 1876. The act of
March 6, 1S73, put Fayette In the Eighth and
transferred CuUeu from the Fourth to the Eighth.
Samuel A. Bonner October 24, ISTG-lIarch 2, 1SS3. The act of March
2, issa. put Fayette in the Thirty-seventh with
Franlclin and Union, where they have since re-
mained.
Ferdinand S. Swift March 2, lSS3-October 27. 1!)04. .Judge Swift had
been on the bench in the Thirty-seventh since July
George L. Gray ottnln'r 27. T.)ii4: term expires Octolier 27. 1916.
Raymond S. Springer — ('lunniissidned November 12, 1914, for term begin-
ning October 27, 1916.
PROSECUTING ATTORXEYS.
Oliver H. Smith August 9, lS24-August 1, 1S26, resigned. Third
circuit.
Amos Lane Appointed August 1, lS26-December 30, 1S26.
Cyrus Finch December 30. lS26-December 30, 1S2S.
M. M. Ray Dec-ember 30, lS28-January 20, 1830. The act of
January 20, 1830, put Fayette in the Sixth.
James Perry January 25, 1830-January 25, 1832.
William J. Brown January 25, lS32-December 10, 1836, resigned.
Samuel Parker December 10, lS36-December 10, 1838.
David Macey December 10, lS3S-December 11, 1S40.
Jehu T. Elliott Deceuiber 11. lS40-January 23, 1844, resigned.
Samuel E. Perkins Appointed January 23, lS44-August 20, 1S44.
Jacob B. Julian August 20, lS44-August 27, 1846.
John B. Still August 27, 1846- August 27, 1848.
Joshua H. Mellett August IS. ISol-October 12. 1852.
Oscar B. Hord October 12. 1852-November 2, 1854, resigned. Fourth
circuit.
William Patterson November 2. lS54-August 13, 1858, resigned.
Sebastian Green Appointed August 13, 1858-November 2, 185S.
Henry C. Hanna November 2, lS5S-November 2, 1860.
Milton H. Cullum November 2, 1860-November 3. 1862.
Samuel S. Harrell '- I^ovember 3, lS62-November 3, 1864.
Creighton Dandy November 3, lS64-November 3, 1866.
Kendall M. Hord November 3, 1866-November 3, 1868.
Piatt Wicks November 3, 1868-July 1, 1869.
Alexander M. Campbell Appointed July 1, lS69-October 21, 1872.
Elias R. Montford October 21, 1872-March 6. 1873. The act of March
6, 1873, put Payette in the Eighth.
Robert B. F. Peirce March 6, 1873-October 26. 1874.
Orlando B. Scobey October 26. lS74-October 26, 1S7S.
John L. Bracken October 26, 187S-October 26, 1880.
Richard A. Durnan October 26, 1880; resigned January 22, 1881.
The County Courts 671
Marine D. Taekett Appointed January 22, ISSl-JIarcli 2, 1883. Tlie
act of March 2, 1883, put Fayette in the Thirty-
seventh with Franliliu and Union, where they have
since remained.
Lelaud H. Stanford March 2, lSS3-October 22, 1885.
Lewis M. Develin October 22, 188o-October 22, 1889.
George W. Pigman October 2i'. Ins'.i-i )(ioiier 22, 1803.
George L. Gray October Ui'. |s'.i;;-(iri,,|,er 22, 1805.
F. M. Smith October 22. isii.-, ( irtnl.er 22, 1.S07.
George L. Gray October 22. 1807-January 1, 1002.
Frank E. Xevin .January 1, 1002-January 1, 1904.
Robert E. Barnhart .January 1, 1004-January 1, 1008.
Allen Wiles January 1, 190S-January 1, 1010.
Frank M. Edwards January 1, 1910-January 1, 1916.
James A. Clifton January 1. 1016 : term e.xpires January 1, lOlS.
Floyd County.
Floyd county was organized by the Legislature on January
2, 1819, and the act became effective on the 2nd of the follow-
ing month. The county had originally been a part of Harri-
son and Clark counties. The locating commissioners met in
the spring of 1819 to select a site for the county seat and,
after several meetings and considerable deliberation, decided
to locate it at New Albany. The fact that it was on the river
was evidently the deciding factor in its favor, although the
donation of four lots and nine thousand dollars by public-
spirited citizens of the town was not without its effect. With-
in four years after the county was organized, an effort was
made to relocate the county seat, the act of January 10, 1823,
designating commissioners who were to meet at New Albany
"on the first Monday of March, 1823, to relocate and estab-
lish a seat of justice for said county." It is not known what
action the commissioners took, but it is certain that New
Albany remained the county seat.
The first term of the Circuit court of Floyd county con-
vened in May, 1819, at New Albany. It was presided over
by Davis Floyd, the President Judge of the Second circuit,
to which Floyd had been attached upon its organization.
ASSOCIATE JUDGES.
Clement Nance January 30, 1819.
Isaac Van Buskirk January 30, 1819.
672 Courts and Lawyers of Indiana
Seth Woodruff October S, 1819.
Johu Couuer September 1, 1825, vice Seth Woodruff (resigned),
to sene seven years from January 25, 1S26.
Rowland S. Strickland- September 1, 1825, vice Clement Nance (resigned),
to serve seven years from January 25, 1826.
ratriek Shields August 28, 182T, vice Kowlaud S. Strickland, re-
signed.
Patrick Shields August 24, 1832, to serve seven years from Januaiy
25, 1833; resigned July, 1S38.
John Conner August 2-4, 1832, to serve seven years from Janu-
ai-y 25, 1833.
Francis Jloore September 20, 1838 (special election), to succeed
Patrick Shields, to serve seven years from Janu-
ary 25, 1S33.
Douglas W. Sloane December 5, 183S (special election), to succeed
John Conner, to serve seven years from January
25, 1833. Resigned April, 1839.
Francis Moore, Sr. August 13, 1839, to serve seven years from Janu-
ary 25, 1840; resigned August, 1843.
William Williams August 13, 1839, vice Douglas W. Sloane (re-
signed), to serve seven years from January 25,
1S33.
William Williams April 27, 1840.
William Underbill October 9, 1843, to serve seven years from Janu-
ary 25, 1840, vice Francis Moore, resigned ; re-
signed June, 1847.
Thomas Sinnes August 10, 1847, to serve seven years from Janu-
ary 25, 1847.
PROBATE JUDGES.
Seth Woodrufe October 10, 1829.
Seth Woodruff August 15, 1837.
Seth Woodruff August 20, 1844.
Joseph A. Moffett August 27, 1851, to serve seven years from date.
COMMON PLEAS JUDGES.
Nathaniel Moore 1852-56.
Alexander Anderson — 18.56-58, resigned.
George V. Howk Appointed February 10, 185S-November 2, 1S5S.
David W. Lafollette— 1858-00.
Amos Lovering 1800: re.signed March 24, 1S64.
William W. Gilleland__ Appointed April 28, 1864-November 4, 1S64.
Nathan P. Willard 1864-68.
Patrick H. Jewett 1868-72.
Charles P. Ferguson 1872-73.
The County Courts 673
DISTRICT PROSECUTING ATTORNEYS.
Norman I. Colman 1852-53, resigned.
Michael C. Kerr Appointed August 8, 1853-54, resigned.
Gideon C. Jloodey Appointed May 15, 1854.
Robert M. Wier 1854-56.
Willett Bullit 1856-58.
Alexander Bowling 1858-60.
John Batt 1860-62.
James A. Ghornitz 1862-66.
Isaac N. Caress 1866-67.
Thomas J. Jackson Appointed March IS, 1807-68.
Robert J. Shaw 1868-70.
John McCarty 1870-72.
Charles L. Jewett 1872-73.
PRESIDENT JUDGES.
Davis Floyd February 2, ISlO-December IS, 1S23. Second cir-
cuit.
John F. Ross December IS, 1823-July 5, 1834, resigned.
John H. Thompson Appointed July 5, lS34-December 20, 1844.
William T. Otto December 20, lS44-October 12, 1852.
CIRCUIT JUDGES.
George A. Bicknell October 12. lS52-Oetober 25, 1876. The act of
March 6, 1873, took Floyd out of the Second and
put it in the Fourth, and transferred Bickuell from
the Second to the Fourth.
John S. Davis October 25. 1876; died in office July 6, 18S0.
Simon W. Wolfe Apixiinted July 20, 1880-November 10, 1880.
Charles P. Ferguson— -November 10, 1880-February 23, 18S0. The act of
February 23, 1889, made Floyd the sole county in
the Fifty-second, where it has since remained.
George A. Bicknell Appointed in Febiniary, 1889; died in office April
15, 1891.
George V. Howk \ppoiuted April 18, 1891; died in office January 13,
1892.
George B. Cardwell Appointed January 15, 1892-November 14, 1892.
Jacob Hester November 14, lS92-November 15, 189S.
William C. Utz November 15, 1898; died in office in May, 1914.
George B. Mclntyre Appointed May 26, 1914-November 15, 1916.
John M. Paris November 15, 1916; term expires November 15,
1922.
PROSECUTING ATTORNEYS.
John Kingsbuiy August 9, 1824-August 14, 1826. Second circuit.
Milton Stapp August 14, lS26-December 80, 1826.
John Kingsbury December 30, 1826-December 30, 1828.
(43)
674 Courts and Lawyers of Indiana
Jobn n. Thompson December 30, lS2S-December 30, 1S32.
Isaac Howk ^__ December 30, lS32-June 5, 1S33, died.
Cliarles Dewey Appointed June 5, lS33-June 4, 1836, transferred
to Supreme court.
John W. Pa.vne June 4, lS36-December 12, 1840.
Theodore I. Burnett December 12, lS40-July 13, 1842, resigned.
William A. Porter July 13. lS42-December 14, 1844.
Cyrus L. Dunham December 14. 1844-December 14, 1846.
George A. Bickuell August 15, lS51-October 12, 1852.
Samuel W. Short October 12, lS52-iIarch 8, 1854, resigned. Second
circuit.
Patrick H. Jewett Appointed March S, lS54-Noyember 19, 1856.
Thomas il. Browne November 19, lSo6-XoTember 7, 1858.
Robert M. Weir November 7, lS58-November 7, 1860.
Ambrose B. Carlton November 7, 1860-November 7, 1S62.
Thomas M. Browne November 7, lS62-November 7, 1866.
Robert JI. Weir November 7, lS66-November 24, 1879.
Robert J. Shaw November 24, lS70-March 6, 1873. The act of
March 6, 1873, put Floyd in the Fourth.
Ellas R. Moutford March 6, 1873-October 26, 1874.
James K. Marsh October 26, 1874-October 26, 1876. ■
Mathew Clegg October 26, 1876-October 26, 1878.
Thomas L. Smith October 26, lS7S-October 26, 1880.
Frank B. Burke October 26, 1880-November 17, 1886.
George H. Voight November I7, 1886-February 23, 1889. The act of
February 23, 1889, made Floyd the sole county in
the Fifty-second, where it has since remained.
W^lliam C. Utz November 14, 1890-NoTember 14, 1898.
George B. Jlclutyre November 14, 189S-Januai-y 1, 1909.
Walter Y. Bulleit January 1, 1909-Januai-y 1, 1913.
John M. Paris January 1, 1913; resigned November 6, 1914.
Charles W. Sehindler Appointed November 6, 1914-January 1, 1915.
Herbert P. Kenney January 1. 1915; term expires January 1, 1917.
FLOYD-CLARK CRIMINAL JUDGES.
Floyd and Clark counties were organized as a Criminal
court by the legislative act of April 23, 1869, being designated
as the Twenty-seventh circuit. The court was in existence
only a few years, the act of February 8, 1877, providing for
its abolishment. Governor Baker appointed John H. Butler
as the first Judge of the court and he served from April 28,
1869, until April 29, 1870, when he was succeeded by Melville
C. Hester. Judge Hester occupied the bench until October 26,
1870, at which time Cyrus L. Dunham took the office as a
The County Courts 675
result of the October election. Thomas L. Smith, Jr., filled the
office from October 26, 1^74, until the act of February 8, 1877,
discontinued the court and transferred all of the cases then
pending to the Circuit court.
Fountain County.
Fountain county was created out of part of Montgomery
and Wabash counties by an act of the General Assembly ap-
proved December 31, 1825, which became effective April 1,
1826. The locating commissioners were to meet on the first
Monday in May, 1826, to choose the county seat site. They
undoubtedly did not meet until later, since their report was
not made until July 25, 1826. The county commissioners on
this day ordered "that the seat of justice of Fountain county
be known and designated by the name of Covington." The
first court house was a frame structure, costing three hundred
and thirty-five dollars. Since Covington was on the Wabash
river, which forms the western boundary of the county, there
was an agitation started in the latter part of the twenties to
move the seat to a more central location. This agitation cul-
minated in the legislative act of January 29, 1831, which pro-
vided for locating commissioners to investigate the question
of relocation. Three men, Thomas Brown, Peter Hughes and
Peter Rush, were appointed to value the town lots in Coving-
ton, and make an estimate of how much less value said prop-
erty would be by the removal of the county seat. In May,
1831, they reported to the county board that their estim.ate
was nine thousand seven hundred and twenty-one dollars. The
commissioners appointed by the state reported to the county
commissioners on June 8, 1831, that "they unanimously agreed
that the town of Covington be and remain the permanent
seat of justice of said county."
A very interesting account of the incidents leading up to
the act of January 29, 1831, is told by F. E. Livengood, a
lawyer of Covington. The petitioners favoring relocation in
1829 could not get a sufficient number of living signers, so
they took the names of the deceased males from the grave-
stones of the difi'erent cemeteries in the county in order to
676 Courts and Lawyers of Indiana
get the required number. The citizens of Covington got news
of this and tried to offset the work of the opposition by adding
to their legal list a long list of soldiers, both living and dead,
of the Revolutionary war, Indian wars and War of 1812.
Both of these padded petitions went to the Legislature of 1830-
31, where it was found that the petitions together contained
twice as many names as there were residents of the county,
men, women and children. Upon this startling discovery, the
Legislature decided to investigate the situation. Hence the
act of January 31, 1831, which has been mentioned. The next
concerted effort to secure relocation in Fountain county oc-
curred in 1851. On February 14 of that year the Legislature
passed a bill which provided for an election on the first Mon-
day of April following. The towns to be voted on were
Covington and Chambersburg. Covington succeeded in re-
taining the county seat. In 1870 and 1871, and again in 1913,
Veedersburg tried to get a bill through the Legislature to
secure the seat of justice. The Veedersburg citizens say they
are going to stay in the fight until they get the county seat.
The act which created Fountain county provided that the
Circuit court should be held at the house of Robert Hatfield
until a suitable public building could be erected. On July 14,
1826, at Mr. Hatfield's house, near where Strader's Station
was later located, the first court of the county was held. It
was presided over by Associate Judges Evan Hinton and
Lucas Nebelcer, neither of whom was a professional lawyer.
The first regular term of court was held in September, 1826,
at the same place, with John R. Porter as President Judge and
Lucius Nebelter and Evan Hinton as Associates. The term
lasted only one day, no cases coming up for trial. At this
time, however, John Law, Thomas H. Blake, Joseph Van
Meter, John B. Chapman, Andrew Ingram and James Far-
rington were admitted to practice.
When court met in 1828, Edward A. Hannegan and Daniel
Rodgers were admitted to practice at the Fountain county
bar. The former later served as prosecutor and became prom-
inent in the public life of the state, serving (1843-49) as
United States senator from Indiana. In March, 1830, the
first indictment for murder was returned by the grand jury.
The County Courts 677
This grand jury was composed of William Cochran, Samuel
Trullinger, Alexander Logan, Benjamin Wade, Jacob Bever,
Robert Miller, David Sewall, Jesse Osborn, Caleb Abernathy,
James Stewart, Stephen Harper, Samuel Carver, Conrad Wal-
ters, John Ralston and Bennett Seibird. At this time the
prosecutor v/as Edward A. Hannegan. The case was tried in
the fall of 1830 and the accused was found guilty by a petit
jury consisting of John Miller, Joshua Sherill, John Orr,
Henry Campbell, John Helms, Asa Smith, Elijah Ferguson,
Rhodes Smith, Abraham Gabriel, James Snow, Job Orrahood
and Hiram Funk. Not only was the accused, John Richard-
son, found guilty as charged on the indictment, but he was
sentenced to be hung and was duly executed.
Judge Porter was succeeded in 1838 on the bench of the
Fountain Circuit court by Judge Isaac Naylor, who served
continuously until 1852, when he was succeeded by William
P. Bryant. Judge Bryant served until 1858, when he was:
succeeded by Judge John M. Cowan. Cowan was succeeded
in 1870 by Judge Thomas Davidson, of Covington. Judge
Davidson published a small volume of overruled cases in 1878
and, a few years afterwards, a manual of probate law, which
was generally used at the time. In 1882 Joseph M. Rabb came
upon the bench of the Fountain Circuit court, and served
until the act of March 3, 1905, made Fountain the sole county
of the Sixty-first circuit. The Governor appointed Charles
R. Milford as the first Judge of the new circuit and he served
from May 12, 1905, to November 16, 1906, when he was suc-
ceeded by Isaac Schoonover, whose term expires November
16, 1918.
ASSOCIATE JUDGES.
Evan Ilinton .Tuly S, 1826.
lAiCiis Nebeker July S, 1826.
John Corse AuL'ust 28. 1S32, to serve seven years from .July S,
1S33; resigned March 2S. 1.S34.
Robert Milford August 28, 1832, to serve seven years from July
8, 1S33.
Benedict Jlorris August IS. 1834 (special election), to serve seveu
years from July 8, 1833, vice John Corse, resigned.
Benedict Morris September 5, 1840, to serve seven years from
July 25, 1840,
678 Courts and Lawyers of Indiana
James Orr August 17, ISJS, to serve seveu years from July
25. 1S47.
Stephen Reed August IS, 1847, to serve seven years from date.
PROBATE JUDGES.
Jouathau Burch August 18, 1829.
Mitc-Iiell C. Black August 24, 1833 (special election), vice Jonathan
Burch (resigned), to serve seven years from date.
Mitchell C. Black September 5, 1840; died September, 1840.
Jonathan Burch September 21, 1840, appointed, vice Mitchell C.
Black, deceased.
Joseph Coats August 23. 1841. to serve seven years from date.
David Eawles September 12, 1846, vlc^ Joseph Coats, resigned.
David Eawles August IS, 1847, to serve seven years from date.
COMMON PLEAS JUDGES.
David Eawles l.S.52-56.
Charles Tyler 1856-60.
Isaac Naylor 1860-68.
Joseph Ristiue 1808-72.
Albert D. Thomas 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Horatio E. Claypool 18.52-54.
John I. Taylor 1854-56.
James M. Carpenter___ 1856-58, resigned.
William M. Fall 1858-60.
Hiram W. Stillwell 1860-64.
William Eggleston 1864-66.
William T. Brush 1866-68.
George D. Hurley 1868-70.
rhomas L. Stillwell 1870-73.
PRESIDENT JUDGES.
At the time of its organization, April 1, 1826, Fountain
county was placed in the First circuit, on which John R. Por-
ter was then serving as President Judge. He continued on
the bench until January 27, 1838, when he was succeeded by
Isaac Naylor, who held the office until the new Constitution
went into effect.
CIRCUIT JUDGES.
William P. Bryant October 12. lS52-November 1. 1858. Eighth circuit.
John M. Cowan November 1, 1858-November 1, 1870.
Thomas F. Davidson— November 1, 1870-November 15, 1882. The act of
March 6, 1873, put Fountain in the Twenty-first
and transferred Davidson from the Eighth to the
Twenty-first.
The County Courts 679
Joseph M. Rabb November 15, lSS2-March 3, 1905. The act of
March 3. 1905, made Fountain the sole county in
the Sixty-first, where it has since remained.
Charles R. Milford Appointed May 12, 1905-November 16. 1906.
Isaac E. Schoonover November 16, 1906; term expires November 16,
1918.
PROSECUTING ATTORNEYS.
John Law April 1, lS26-January 25, 1830. First circuit.
Edward A. Hannegan. January 25, lS30-January 25, 1S32.
Andrew Ingram January 25, lS32-January 23, 183i.
William P. Bryant January 23, 1834-January 23, 1838.
Joseph A. Wright January 23, lS38-December 5, 1839.
Samuel C. Willson December 5. 1839-September 4, 1843. resigned.
Joseph E. McDonald— September 4, lS43-September 19, 1847.
Lew Wallace August IS, lS51-May 14, 1853. The net of June
17, 1852, transferred Wallace from the Plrst to
the Eighth.
Daniel W. Voorhees___ Appointed May 14. 1853; resigned July 24, 1854.
Samuel L. Telford Appointed July 24. 1854-November 7, 1854.
Charles A. Naylor November 7, 18.54-February 9, 1855.
James M. Allen Appointed February 20, lS55-May 30, 1856.
Henry Shannon May 30, 1856-November 2, 1850.
Thomas N. Rice November 2. 1856-November 12. 1858.
Robert W. Harrison— November 12. 1858-November 12, 1802.
Samuel F. Woods November 12, 1862; resigned October 12, 1S6S.
Horton C. Pattei-son__ Aijpoiuted October 12, lS68-November 3, 1S6S.
Robert B. F. Peirce November 3, lS6S-March 6, 1873. The act of
March 6. 1873, put Fountain In the Twenty-first.
The records do not indicate the transference of a
prosecutor to the Twenty-first or the appointment
of one for this new circuit. Stillwell appears as
the first prosecutor of the Twenty-first after Foun-
tain was made a part of it.
Thomas L. Stillwell October 26, 1874-October 26, 1878.
Aaron P. Harrell October 26, lS78-October 22, 1880.
Robert B. Jones October 22, 1880-November 17, 1883.
Hugh H. Conley November 17, lS83-February 27, 1885.
Charles A. Booe Appointed February 27, 1885-November 17, 1886.
William B. Reed November 17, 18S6-November 17, 1S90.
James Bingham November 17, lS90-November 17, 1892.
Ele Stansbury November 17, lS92-November 17, 1896.
James W. Brissey November 17, lS96-January 1, 1901.
Clyde H. Wyand January 1, 1901; resigned April 16, 1902.
Omer B. Ratcliff April 16, 1902-January 1, 1907. The act of March
3, 1905, made Fountain the sole county in the
Sixty-first, where it has since remained. This
680 Courts and Lawyers of Indiana
act also transferred Ratcliff from the Twenty-
first to the Sixty-first.
William N. White January 1, 1907-Janiiary 1, 1011.
Claud B. Philpott January 1, 1911-January 1, 1915.
Lawrence O. Marshall- January 1, 1915; term expires January 1, 1917.
Franklin County.
Franklin county, the seventh county organized within the
limits of the state of Indiana, was one of the thirteen counties
which had been organized at the time the territory applied
to Congress for an enabling act in 1815. It was organized
under the authority of an act of the territorial Legislature,
approved November 27, 1810, being at that time a part of
Dearborn and Clark counties. The northern limits of Frank-
lin extended into the present counties of Fayette and Union.
At the time of its organization it was generally conceded
that Brookville would become the county seat, though a tradi-
tion has prevailed to the effect that the town of Fairfield
aspired to this honor. Brookville, however, was selected as
the county seat in 1811. Franklin county secured its present
territorial limits as the result of three separate legislative
acts. Fayette county was organized by an act of December
28, 1818 ; Union county by an act of January 5, 1821 ; and a
third act (October, 1818, which organized Decatur county)
resulted in defining the limits of Franklin as it now stands.
When Franklin county began its independent career in
1811, five years before the admission of Indiana to the Union,
it had three courts to care for its business, a County court,
a Common Pleas court and a Circuit court. In addition
there were a number of Justice of the Peace courts. The
County court was composed of the Associate Judges, the audi-
tor and sheriff and had practically the same functions as the
commissioners' court of today. It went out of existence when
the state was admitted to the Union in 1816. The first County
court in Franklin county met on February 18, 1811, with Ben-
jamin McCarty, John Templeton and Thomas Brown present.
These men were Judges also of the Common Pleas court. As
a County court, they fixed the tax levy, created townships,
laid out roads, or "cartways" as they called them, issued tav-
680 COl'RTS AND LaWVEFS OF INDIANA
^i liatcliff from the Twenty-
iinny 1, 1911.
ni:.UT 1, 1915.
!>:ni expires January 1, 1917.
t< \ .SKLIN County.
"th county organized within the
was one of the thirteen counties
;' the time the territory applied
■ act in 1815. It M^as organized
;';t of the territorial Legislature,
approved Nuvira'yer x7, 1810, being at that time a part of
DearboiTi and ClarK counties. The northern limits of Frank-
lin extended into the present counties of Fayette and Union.
At the time of its organization it was generally conceded
that Brookville would become the county seat, though a tradi-
tion has prevailed to the effect that the town of Fairfield
aspired to this honor. Brookville, howe\er, was selected as
the county seat in 1811. Franklin county secured its present
territorial limits as the result of three separate legislative
acts. Fayette county was organized by an act of December
28, 1818; Union i-ounty by an act of Januaiy 5, 1821; and a
third act (October, 1818, which organized Decatur county)
resulted in lU fiiung xhe limits of Franklin as it now stands.
When Fi .;;'!:". "ounty began its indes»endent career in
1811, five tl'e admission of Indiana to the Union,
it had tV are for its business, a County court,
a Comm t and a Circuit couit. In addition
there we;; 'f Justice of the Peace courts. The
County c>- sed of the Associate Judges, the audi-
tor arid ;-• fwactically the sam« functions as the
ccmir:i.«;;:i ioday. It went out of existence when
the .-■ the Union in 1816. The first County
coiv : met on February IS. 1811, with Ben-
.iani. . ... ■.'.'upleton and Thomas Brown present.
These men v .re .;,;:3^es also of the Common Pleas court. As
a County (•'■>u;. th'^y fixed the tax levy, created towTiships,
laid out roads, or •cartways" as they called them, issued tav-
^^^■^
The County Courts 681
ern licenses, appointed road supervisors, fence viewers, listers,
overseers of the poor, election officials, pound-keepers and all
other appointive officers. The last session of the County
court was held February 5, 1817; the Associate Judges at
that time were John Whitworth and William H. Eads.
The iirst Circuit court in Franklin county under the 1816
Constitution met in March, 1817, with John Test as President
Judge, and John Jacobs and John Hanna as Associate Judges.
In the spring of 1817, four of Brookville's lawyers got tangled
up in a series of arguments, which finally brought them to the
bar of justice. James McKinney and Miles C. Eggleston,
afterward the Judge of the Circuit court from 1819 to 1847,
staged an encounter somewhere in Brookville. Although the
records are not available to show the fight by rounds, the
actors were, nevertheless, brought before the court, pleaded
not guilty, and asked for a trial by jury. Whether they got
five dollars' worth of satisfaction out of their encounter is not
known, but it took that much to satisfy the court. In the
spring of 1817, James Noble, then United States senator, a
brother of Noah Noble, a Governor of the state, and
Stephen C. Stephens, who served as a member of the Supreme
court of Indiana from 1831 to 1846, engaged in a personal
combat. They were fined five dollars for engaging in bellicose
activities. Most of the legal business for the first two or three
years, after the admission of Indiana to the Union, in Frank-
lin county was done by Hendricks, Noble, McKinney, Stevens,
Eggleston and Lane.
The first court of Common Pleas assembled at Brookville,
March 4, 1811, and was in charge of Judge Benjamin Mc-
Carty, John Templeton and Thomas Brown. At this time,
Elijah Sparks, James Dill, James Noble, Stephen C. Stevens
and Jesse L. Holman were admitted to practice law.
The following list of lawyers, arranged in the order of
their admission to the Franklin bar, contains many of the
most noted lawyers of the state. In this list there may be
seen United States senators, congressmen, governors, state
senators and representatives, members of the Supreme court
of Indiana, ministers to foreign countries and scores of law-
yers, whose names were once known throughout the state.
682 Courts and Lawyers of Indiana
Sketches of the most important lawyers are found elsewhere.
The dates are taken from the court records and indicate
when admission to the local bar was granted : Elijah Sparks,
1811; James Noble, 1811; James Dill, 1811; Jesse L. Holman,
1811 ; John Test, 1812 ; Isaac Blackford, 1813 ; William Hen-
dricks, 1813 ; John Lawrence, 1814 ; Amos Lane, 1814 ; Pinck-
ney Janes, 1814; James McKinney, 1815; Miles C. Eggleston,
1817; Hezekiah B. Hills, 1817; Stephen C. Stevens, 1817
Daniel J. Caswell, 1818; William R. Morris, 1818; Daniel
Drew, 1818 ; Isaac S. Brower, 1819 ; William W. Wick, 1819
Isaac M. Johnson, 1819 ; Richard S. Wheatley, 1820 ; Charles
H. Test, 1822; Thomas J. Langdon, 1327; N. G. Howard
1827; Charles Fox, 1827; Septimus Smith, 1827; John S
Newman, 1828; Stephen S. Harding, 1828; Benjamin S
Noble, 1830; Henry Bigger, 1830; John M. Johnson, 1829
John Test, Jr., 1829; Philip Sweetzer, 1830; Samuel W
Parker, 1832; William M. McCarty, 1833; James B. Haile
1833; Daniel S. Major, 1833; John A. Matson, 1832; John
Ryman, 1832 ; George Holland, 1832 ; Andrew Davison, 1833
John Hutchens, 1833 ; William Dailey, 1833 ; James T. Brovra
1834; Philip S. Spooner, 1834; Courtland C. Gushing, 1834
Abram A. Hammond, 1835 ; John McPike, 1835 ; Hugh B. Eg-
gleston, 1837; John Dumont, 1838; P. A. Hackleman, 1838
John D. Howland, 1842 ; James B. Sleeth, 1842 ; John H. Far-
quahr, 1842; John Yaryan, 1846; Daniel D. Jones, 1847; Had
ley D. Johnson, 1848; John T. McCarty, 1848; Edgar Hay
mond, 1849; James Gavin, Jr., 1850; Wilson Morrow, 1853
Alfred Ward, 1853; James R. McClure, .1853; Henry C. Han
na; Cyrus Kilgore, 1853; N. M. Crookshank, 1853; Joseph
Brady, 1853; Henry Berry, Jr., 1853; Fielding Berry, 1859:
S. S. Barrel, 1860; W. H. Bracken, 1861; John F. McKea
1867 ; Thomas Smith, 1873 ; McMahon, 1873 ; David
W. McKee, 1873; F. M. Alexander, 1877; Edwin W. High
1877 ; Charles F. Jones, 1879 ; D. Allison, 1879 or 1880 ; Isaac
Carter, 1881 ; Edgar O'Hair, 1881 ; George W. O'Byrne, 1882
Emmett R. Wilson, 1890; Joseph F. Bickel, 1892; Orrin E,
Walker, 1893 ; Arthur H. Jones, 1894; William F. Flack, 1894
Frank M. Smith, 1896 ; Milford P. Hubbard, 1897 ; Andrew J
Ross, 1898 ; Marshall R. Alexander, 1898 ; Murat W. Hopkins
The County Courts 683
1900; George E. Mullin, 1901; Howard M. Gordon, 1901;
George R. Foster, 1903 ; I. N. McCarty, 1904; Ben Winans, Jr.,
1906 ; Charles P. Fant, 1908 ; Edward Stenger, 1909 ; Will A.
Younts, 1912; Louis A. Jonas, 1912; Albert J. Peine, 1914;
J. B. Kidney, George Haman and John Brockman.
James Noble, the second man admitted to the bar in
Franklin county, served in the territorial Legislature, in the
constitutional convention of 1816 and was elected to the first
state Legislature from Franklin county. He was elected by
the Legislature to one of the seats in the United States Senate
at the opening of the first session of the state Legislature
and continued in that office until his death, in 1831. Gen.
Lew Wallace, who afterward became a well-known member
of the Indiana bar and who lived at Crawfordsville, was born
in Franklin county. Isaac Blackford, John T. McKinney and
Stephen C. Stevens, all of whom served on the Supreme bench
of Indiana, the first from 1817 to 1853, the second from 1831
to 1837, and the third from 1831 to 1836, were residents of
Franklin county at one time. Blackford lived in Brookville
a year or two before the state was admitted to the Union and
then moved to Vincennes. Jesse L. Holman, the fourth man
admitted to practice law in Franklin county, was a member
of the Indiana Supreme court from 1816 to 1831. John Test,
the fifth admitted to practice law in Franklin county, served
many years as a Circuit Judge and as a member of Congress
from 1824 to 1827 and from 1829 to 1831. William Hen-
dricks, the seventh admitted to practice law in Franklin
county, represented the state in the national Congress from
1817 to 1822 and was Governor of the state from 1822 to 1825.
He was elected to the United States Senate in 1825 and served
until 1837. William W. Wick, of Indianapolis, who served
many years as a Judge of the Circuit court, was a representa-
tive in Congress from 1838 to 1841 and again from 1845 to
1849. Charles H. Test, who was admitted to practice in
Franklin county, was a Circuit Judge for many years and
secretaiy of state from 1849 to 1853. Samuel W. Parker was
a member of Congress from 1853 to 1855. Abram A. Ham-
mond was lieutenant-governor from 1857 to 1860 and acting
684 Courts and Lawyers of Indiana
Governor from 1860 to 1861, after the death of Governor
Willard to the end of the term for which he was elected.
The first court of Franklin county met in one of the rooms
of the tavern in Brookville owned by James Knight, and in
this tavern all official business of the county appears to have
been transacted from the organizatio[ii of the county, in
the spring of 1811 until April of the following year. During
this time, a log court house had been erected on the present
public square, but within two years the county felt the need
of the new structure. A building was commenced in 1815 and
completed in 1817, at a cost of three thousand dollars. On
February 22, 1852, a fire broke out near the court house and
in a little time that structure was entirely destroyed. A new
court house was built at a cost of twenty-eight thousand dol-
lars. In 1910 the old court house was remodeled at a cost of
seventy-one thousand dollars. The repairs were completed
and the building dedicated on November 15, 1912.
TERRITORIAL JUDICIARY.
December 6, ISIO .Justices of the Peace: Joliu Creek, Eli Hender-
son and John Balier.
December 1.3, 1810 Justices of tlie Peace: John Cox, Jeremiah
Meeljs, Abraham Elli and Isaac East.
December 14, ISIO Judges of the Court of Common Pleas: Benja-
min JlcCarty, John Templeton and Thomas Brown.
December 14, ISIO I'rosecuting Attoi-ney: James Noble, "for the
counties of Wayne and Franliliu." This is the
first mention in the Executive Journal of the ap-
pointment of a county prosecutor.
December IS. ISIO Clerk of the Court of Common Pleas and Recorder:
(name illegible).
December IS. ISIO Sheriff: Kobert Hanna, Jr.
March 4. ISll Coronor : Anthony Halvei-stall. Surveyor: Lan-
dou Robertson. Justices of the Peace: Samuel
Rockefell (Roekafeller), John Hall, Andrew
Tharp, Benjamin Smith, John Ewing, Isaac Wil-
son and John Fugate (Fugit).
April 12, ISll Justice of the Peace: Stanhope Royster.
December 16, 1811 Justice of the Peace: William Huff.
March 5, 1S12 Justice of the Peace: Abraham I. Fisb.
May 24. 1812 Justices of the Peace: Nicholas Ragun and Wil-
liam Holmes.
May 24. 1S12 Judge of the Court of Common Pleas: Joshua
Harland.
The County Courts 685
December 22, 1S12 Prosecuting Attorney : James Sparks, for Frank-
lin and Wayne counties.
February 2, 1S13 Justice of the Teace : John Bradbourn.
March 10, 1S13 Surveyor: Joseph Allen.
December 10, 1813 Justices of the Peace: John Quick and John
Whltworth.
January 6, 1814 Judges of the Circuit court: Benjamin JlcCarty,
first judge; Thomas Brown, second judge: Joshua
Harland, third judge. (This is the first mention
of Circuit Judges in the territorial records. Mc-
Carty was the President Judge and the other two
were known as Associate Judges.) On this same
day (January 6, 1814) Enoch McCarty was ap-
pointed and commissioned clerk of the court.
January 15, 1814 To quote the words of the Journal: "A dedimus
issued to Enoch McCarty to administer the oaths
of office and swear into office all officers civil and
military in Franklin county."
January 25. 1814 "A dedimus was issued to John R. Beates (P.eaty)
to swear Enoch McCarty into office as clerk of
Franklin county."
June 24, 1814 Justice of the Peace: John Briscoe.
September 3, 1814 Clerk of the Circuit court : George Hunt. The
legislative act of December 31, 1S13, divided Indi-
ana Territory into three judicial circuits, Franklin
being placed in the Third with Dearborn and
Wayne. The act of August 30, 1814, did not
change the circuits. Elijah Sparks was appointed
and commissioned (September 14, 1814) as judge
of the Third circuit.
September 16, 1814 Associate Judges of the Circuit court : John Whlt-
worth, first associate ; Arthur Dickson, second as-
sociate.
September 21, 1814 To quote from record : "A dedimus Issued to John
R. Beaty, Clerk of Franklin county to administer
the oath of office to civil and military officers of
said county" (see original Journal, p. 59). (It
will be noticed that on January 25, 1814, Enoch
McCarty was commissioned as clerk and that
George Hunt was commissioned to the same office
on September 3, 1814.)
September 21, 1814 Associate Judge of the Circuit court: Benjamin
Smith.
September 21, 1814 Clerk of the Circuit court: John R. Beaty. (A
separate entry from the second above.)
November 8. 1814 Justices of the Peace: William Dubois and John
Hanna.
686 Courts and Lawyers of Indiana
May 25. ISlo Circuit Judge: James Noble appointed to fill the
vacancy in the Third circuit caused by the death
of Elijah Sparks.
June 12. 1S15 Clerk of the Circuit court: John Test, vice John
IJ. Beaty, deceased.
July 29, ISlo Justices of the Peace: Ebenezer Howe, Israel W.
Bonham and Jonathan Stout.
July 29, 1815 Coroner: John Winchell.
December 16, 1815 Associate Judge of the Circuit court: William H.
Eads.
December 16, 1815 Justice of the Pence: Matthew Sparks.
March 16. 1816 Justice of the Peace: Edmund Harrison.
June 1. ISIG Justices of the Peace: Sanford Keeler and Thom-
as Winscott.
ASSOCIATE JUDGES.
John Jacobs February 14, 1817, to serve seven years from date.
John Hanna February 14, 1817, to serve seven years from date.
William B. Laughlin._. February 15, 1819; resigned November 21.
David Mount February 3, 1822, vice William B. Laughlin, re-
signed.
David Mount September 1. 1823.
John Hanna September 1, 1823; removed from county.
John Quick May 26, 1S29 (siiecial election), vice John Hanna
(resigned), to serve seven years from Septem-
ber 1, 1823.
John Quick September 8, 1830, to serve seven years from
February 14, 1831.
David Mount September 8, 1S30, to serve seven years from
February 14, 1831.
Enoch McCarty August 12, 1837, to serve seven years from. Feb-
ruary 14, 1S3S.
John Quick August 12, 1837, to serve seven years from Feb-
ruary 14, 1838.
Redin Osborn August 20, 1.844, to serve seven years from Feb-
ruai-y 14, 1845.
Giles Gant \ugust 20, 1844, to serve seven years from Feb-
ruary 14, 1845,
Giles Gant \ugust 25. 1851, to serve seven years from Feb-
ruary 14, 1852.
Redin Osborn August 25, 1851, to serve seven years from Feb-
ruary 14, 1852.
PROBATE JUDGES.
John M. Johnson Sejitember 8, 18.30, to serve seven years from
September 1, 1830; resigned.
Henry Berry February 23. 1832, appointed vice John JI. John-
son, resigned.
The County Courts 687
Henry Berry August 20, 1S32.
Heury Berry August 17, 1839.
Henry Berry August 20, 1839.
COMMON PLEAS JUDGES.
John S. Iteiil 1S52-G0.
Jeremiah M. Wilson 1860-05, resigned.
J. F. Kibbey Appointed March G, 1865-73.
DISTRICT PROSECUTING ATTORNEYS.
J.-inies R. .^IcClure 1852-54.
Joseph Marshall 1854-56.
Xathan'l McCroQkshanklS56-58. ,
Clement C. Cory 1858-60.
John C. Whitridge 1860-64.
Heni-y C. Fox 1864-68.
William H. Jones 1868-70.
John L. Riipe 1870-73.
PRESIDENT JUDGES.
John Test Dec-ember 18, ISlO-Jauuary 2, 1S19. Third cir-
cuit.
Alexander A. Meek January 2, lS19-February 2, 1819; probably never
qualified.
John Watts February 2, 1819-January 21, 1820.
Miles C. Eggleston Januai-y 21, lS20-December IS, 1844.
Courtland Cushing December IS, 1844-January 15, 1847. The act of
January 15, 1847, put Franklin In the Thirteenth.
George II. Dunn Appointed January 21, lS47-January 24, 1850.
William JI. JlcCarty— January 24, 1850-October 12, 1852.
CIRCUIT JUDGES.
William M. McCarty— -October 12, 1852; resigned July 29, 1853. Fourth
circuit.
William S. Holman Appointed July 29, 1853; resigned August 10, 18,53.
Reuben D. Logan August 10, lS53-October 12, 1S65.
Jeremiah M. Wilson— October 12, lS65-April 22, 1869. The act of April
22, 1869, put Franklin In the newly created Twen-
ty-sixth.
Robert X. Lamb Appointed April 28, 1860-October 24, 1870.
Henry C. Hanna October 24, 1870; died in office July 24, ISSO.
The act of March 6, 1873, put Franklin in the
Thirty-seventh and transferred Hanna from the
Twenty-sixth to the Thirty-seventh.
Ferdinand g. Swift-__ Appointed July 28, ISSO-October 27, 1904. The
act of March 2, 1883, constituted Franklin, Fay-
ette and Union the Thirty-seventh, since which
time no change has been made.
688 Courts and Lawyers of Indiana
Oeorge L. Gray October 27, 1904-October 27, 1916.
Haymoud S. Springer.. Commissioned November 12, 1914, for a six-year
term beginning October 27, 1916.
PROSECUTING ATTORNEYS.
Oliver H. Smith August 9, lS21-August 1, 1S26, resigned. Third
circuit.
imos Lane Appointed August 1, lS26-December 30, 1826.
Cyrus Finch December 30, 1826-December 30, 1S2S.
Martin M. Ray December 30, 1828-January 25, 1830.
James F. D. Lanier January 25, 1830-January 25, 1S32.
John JI. Johnson January 25, 1832; resigned February 21, 1833.
John Test Appointed February 21, 1833-December 5, 1833.
Courtland Cushing December 5, 1833-December 11, 1837.
John Dumout December 11, lS37-December 15, 1841.
George Robinson December 15, lS41-JIay 18, 1842; died.
John Dumont Appointed May 8, lS42-Jauuai-y 15, 1S47. The act
of January 15, 1847, put Franlilin in the Thir-
teenth.
Benjamin I. Spooner__ August 19, lS51-October 12, 1852.
Oscar B. Hord October 12, 1852-November 2, 1S54, resigned.
Fourth circuit.
William Tattersoa November 2. lS54-August 13, 1S5S, resigned.
Sebastian Green Appointed August 13, lS5S-November 2, 1858.
Henry C. Hanna November 2, ISoS-November 2, 1860.
Milton H. Cullum November 2, lS60-November 3, 1S62.
Samuel S. Harrell November 3, 1862-November 3, 1864. . -
Crelghton Dandy November 3, ISGl-November 3, 1866.
Kendall M. Herd November 3, lS66-November 3, 1S6S.
Piatt Wicks November 3, 1868-April 22, 1869. The act of
April 22, 1869, put Franklin in the Twenty-sixth.
William Wirt Kelley.. Appointed April 28, 1869-October 24, 1870.
George R. Krumblay... October 24, lS70-March 6, 1873. The act of March
6. 1873, put Franklin in the Thirty-seventh, and
put Brumblay in the Seventh.
Bartemus Burke Appointed March 29, lS73-Oetober 22, 1875.
Stephen E. Urmster..- October 22. lS75-October 22, 1877.
Bartemus Burke October 22, 1877-October 22, 1881.
Leland H. Stanford October 22, lS81-October 22, 1SS5
Louis M. Develin October 22, ISSo-October 22, 1889.
George W. Pigman October 22, lSS9-Oetober 22, 1893.
George L. Gray. October 22, 1893-October 22. 1895.
Frank M. Smith October 22, lS95-October 22, 1897.
George L. Gray October 22, 1897-January 1, 1902.
Frank E. Nevin January 1, 1002-January 1, 1904.
Robert E. Bamhart January 1, 1904-January 1, 1908.
Allen Wiles January 1, 190S- January 1. 1910.
Frank M. Edwards January 1. 1010-.January 1, 1916.
James A. Clifton January 1, 1910 term expires January 1, 1918.
The County Courts 689
Fulton County.
Fulton county was organized by the Legislature with the
act of February 4, 1836, the act becoming eflfective on the first
of the following April. The county never experienced any
trouble in regard to the location of its county seat. When
the locating commissioners met on the first Monday in June,
1836, to select a site for the future seat of justice, they chose
the site of the present town of Rochester. There was some
effort to locate it at the crossing of the Michigan road and
Tippecanoe river, but it was too far from the center of the
county to receive serious consideration.
The first session of the Circuit court of Fulton county
met at the house of Ebenezer Ward in Rochester, October 27.
1836. The court met here in order to meet the requirements
of the act organizing the county, but it immediately adjourned
to meet at the house of Robert Martin in the same town. The
first President Judge of the circuit including Fulton county
was Samuel C. Sample, and Judge Sample, with John Robbins
and Anthony Martin, the Associate Judges, had charge of
the first court in the county. Joseph L. Jernegan was the
first prosecuting attorney.
The Probate court of Fulton county held its first session at
the house of Robert Martin in Rochester, May 8, 1837, with
Joseph Robbins as Judge of Probate. The first Common
Pleas court was held on April 4, 1853, with Hugh Miller as
judge.
ASSOCIATE JUDGES.
John Robbins April 18, 1836, to serve seven years from date.
Anthony Martin April 18, 1836, to serve seven years from date.
.\ntbuny Martin August S, 1S42, to serve seven years from April
IS, 1843; resigned February, 1844.
Jonntban Beebe August 8, 1842, to serve seven years from April
IS, 1843; resigned July, 1845.
-James McColm April 10, 1844 (special election), to serve seven
years from April 18, 1843. vice Anthony Martin,
resigned. James JlcColm removed from county
May, 1845.
Elienezer Ward August 20. 1S45 (special election), to serve seven
years from April IS, 1S43; died June, 1847.
J;iuies iloore August 20, 1S45 (special election), to serve seven
years from April IS. 1843 : died June. 1S47.
(44)
690 Courts and Lawyers of Indiana
John Ball August 20. 1S47, to serve seven years from April
IS, 1843.
Frederick Ault August 20, 1S47, to serve seven years from April
IS. 1843.
John Ball August 18, 1S49, to serve seven years from April
IS, 1850.
James Burrows August 22, 1849, to serve seven years from April
IS, 1850; died prior to October 15, 1851.
PROBATE JUDGES.
Joseph Bobbins March 7, 1837; resigned July. 1841.
John J. Shryock August 11, 1S41 (special election), to serve seven
years from date ; resigned June, 1847.
Anthony F. Smith August 20, 1847, to serve seven years from date;
resigned June 10, 1849.
James Babcoek August 22, 1849 (special election), to serve seven
years from August 20, 1847.
COMMON PLEAS JUDGES.
Hugh Miller 1852-56.
Carter D. Hathaway— 1856-60.
Kline G. Shryock 1860-62.
David D. Dykeman 1862-65, resigned.
Thomas C. Whiteside— Appointed May 12. 1865-70.
James H. Cai-penter 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
Rufus McCormick 1852-53, resigned.
Kline G. Shryock Appointed July 1, 1853-54.
G. T. Wickersham 1854-56, resigned.
Frank C. Brown Appointed October 28, 1856; failed to qualify.
James Marsden Appointed June 29, 1857.
James W. Eldridge 1857-oS. resigned.
William L. Miner 1858-60.
William DeHart 1860. resigned.
W. W. Shuler Appointed December 22. 1860-61, resigned.
E. T. Dickey Appointed November 2. 1S61-62.
Stewart T. McConnell— 1862-64.
John A. Farrell 1864-66, resigned.
Dyer B. McConnell Appointed March 14, 1866.
Horace S. Foot 1866-68.
Jerome Q. Stratton 1S6S-70.
Hiram G. Depuy 1870-72.
H. B. Shively 1872-73.
PRESIDENT JUDGES.
Samuel C. Sample April 1. lS36-December 14. 1841. The act of De-
cember 14. 1,841. took Fulton out of the Ninth
and put it in the Eighth.
The County Courts 691
Henry Chase December 14, 1S41.
John W. Wright Resigned January 29, 1847.
Horace P. Biddle Appointed January 29, 1847-August 20, 1852, re-
signed.
Robert H. Milroy Appointed August 20, 1852-October 12, 1852.
CIRCUIT JUDGES.
Thomas L. Staufield October 12, 1852; resigned February 23, 1857.
Ninth circuit.
Albert G. David Appointed February 23. 1857-November 17, 1857.
Andrew L. Osborn November 17, 1857-October 24, 1870.
Thomas S. Stanfield October 24, 1870-March 6, 1873. The act of March
6, 1873, put Fulton in the newly created Thirty-
third.
Elisha V. Long Appointed March 17, 1873-MarcU 9, 1875. The
act of March 9, 1875, put Fulton in the newly
created Forty-first with Marshall, where they
have since remained.
Horace Corbin Appointed March 9, 1875-October 24, 1876.
Sidney Keith October 24, lS76-November 15, 1882.
Jacob S. Slick November 15, lS82-March 8, 1883, resigned.
William B. Hess Appointed March 8, lS83-November 14, 1884.
Isaiah Conner November 14, lS84-November 14, 1890.
Albertus C. Capron November 14, 1890- November 14, 1902.
Harry Bernetha November 14. 1902-November 14, 1914.
Smith N. Stevens November 14, 1914: term expires November 14,
1920.
PROSECUTING ATTORNEYS.
Joseph L. Jernegan December 10, 1836-August 15, 1838, resigned.
Ninth circuit.
John B. Niles Appointed August 15, 1838-December 7, 1838.
William C. Hanua Det-ember 7, lS38-December 14, 1841. The act of
December 14, 1841, tools Fulton out of the Ninth
and put it in the Eighth.
Spier S. Tipton December 15. 1841-December 15, 1843.
William Z. Stuart December 15, lS43-December 15, 1845.
David M. Dunn December 15, 1845-December 15, 1847.
William Potter Appointed August 23, 1849-August 28, 1851, re-
George E. Gordon Appointed August 28, 1851; resigned September
15, 1852.
John M. Wilson Appointed September 15. 1852-October 12. 1S52.
D. J. Woodward October 12, lS52-November 7, 1854.
Morgan H. Weir November 7, 1854-October 1, 1856, resigned. Ninth
circuit.
Reuben L. Famsworth. Appointed October 1, 1856-October 30; 1856.
Mark S. Dumont October 30, lS56-November 15, 1858.
692 Courts and Lawyers of Indiana
William B. Biddle November 15, ISoS-November 15, 1860.
David T. Pliillips November 15, lS60-November 15, 1864.
Aaron G. Guiney November 15, lS64-November 15, 1S68.
William H. Calkins November 15, lS6S-November 15, 1870.
Michael L. Essiclj November 15, 1870-November 15, 1872.
Thomas J. Wood November 15. 1872-October 26. 1874. The act of
March 6, 1873, put Fulton in the Thirty-third, and
transferred Wood from the Ninth to the Thirty-
third.
Perry O. Jones October 26, 1874-October 24, 1878. The act of
March 9, 1875, put Fultou in the Forty-first with
Marshall, where they have since remained. The
same act transferred Jones from the Thirty-third
to the Forty-first.
Baron D. Crawford October 24, 1878-November 17, 1882.
Elijah C. Martindale November 17, 1882-November 17, 1886.
Charles P. Drummond— November 17. 1886-November 17, 1890.
Smith Nay Stevens November 17. 1890-November 17, 1894.
J. K. Houghton November 17, lS94-November 17, 1896.
Harry Bernetha November 17, 1896-January 1, 1901.
Arthur Metzler January 1, 1901-January 1, 1905.
Samuel J. Hayes January 1, 1905-January 1, 1907.
John A. Nolter January 1, 1907-January 1, 1909.
Henry L. Unger January 1. 1909-January 1, 1913.
Delph L. McKessen January 1, 1913; term expires January 1, 1917.
Gibson County.
Gibson county was organized by the legislative act of
March 9, 1813, the act becoming effective on the 1st of the fol-
lowing month. The county seat has always been at Princeton,
the town being named in honor of Judge William Prince, who
was President Judge of the local court in 1816 and 1817, and
congressman from the First congressional district in 1823.
Gibson county was under the jurisdiction of the territorial
courts for the first three years of its existence. The first
term of the Common Pleas court, as it was then called, met
May 10, 1813. William Harrington, Isaac Montgomery and
Daniel Putnam were the Associate Judges.
William Prince, afterwards Judge Prince, was the first
prosecuting attorney of the Gibson Circuit court. He was
recommended for that office by the court to Governor Thomas
Posey, from whom he received his appointment. He was
The County Courts 693
appointed in November, 1813, and continued in office until
1818, at the "princely" compensation of one hundred dollars
per annum. Richard Daniel was prosecutor in 1819, for a
few months following William Prince, who again served as
prosecutor in 1819.
From March, 1814, to March 18, 1816, Isaac Blackford
was President Judge, and Willis C. Osborne and Jesse Emer-
son, Associates. Judge Blackford organized and held the first
Circuit courts in this district. He was appointed to the Su-
preme bench, December 10, 1817, which position he held until
January 3, 1853. He was one of the most eminent jurists of
his day. March 18, 1816, to December 21, 1816, David Ray-
mond was the President Judge. He was followed by Benjamin
Parke, who was the last President Judge before the state was
admitted to the Union. William Prince (1817-18), the suc-
cessor of Parke, was a native of Ireland, having come to this
country in 1804, first settling in Vincennes, where he began
the study of law. He was appointed Circuit Judge in 1817.
Prior to this he was Indian agent under General Harrison;
he was the first prosecuting attorney in the Gibson circuit,
and later a member of Congress from this district. He made
the first improvement on the site where Princeton was after-
ward located, and it was in his honor that the town was
named. He was a very intelligent lawyer and a useful citizen
of Gibson county, in which he resided until his death.
David Hart was President Judge of the Gibson Circuit
court from February 16, 1818, to March 8. 1819. Judge Hart
had the reputation of being a fine lavs^er and an impartial
judge. He was a resident of Princeton from 1815 until his
death, which occurred about 1820.
Richard Daniel came to Princeton in 1815, and was a rep-
resentative from Gibson county in the Legislature of 1817-18.
He was appointed Judge of the Gibson Circuit court on Janu-
ary 2, 1819, and served to January 21, 1822.
James R. E. Goodlet took his seat on the bench as Presi-
dent Judge February 21, 1811, and served to January, 1832.
According to a traditional story covering that period.
Judge Goodlet had a distinction other than that for having
a long tenure of office. One of these was that his capability
694 Courts and Lawyers of Indiana
and efficiency as a politician was greater than was that of a
jurist, and it was due to his political sagacity that he was
able to succeed himself in office from time to time. Another
distinguishing characteristic was a violent and irritable tem-
per, which made it very disagreeable to lawyers practicing in
his court. Because of this, the lawyers combined to defeat
him for re-election in 1832, and succeeded in inducing the
Legislature to elect Judge Samuel Hall, a prominent lawyer
and citizen of Princeton. Another story of the times is that
Judge Goodlet became possessed of a very bitter and resentful
feeling against his successor, which was especially manifested
during a term of court in Mt. Vernon, Indiana, in 1834.
Judge Goodlet was attorney in a case before the court, and
during the trial disputed in a very insolent manner some of
the rulings of Judge Hall, who ordered Goodlet to show cause
why he should not be fined for contempt of court. On the
following morning a friend of Judge Hall, knowing the fiery
disposition of Judge Goodlet and anticipating trouble, walked
up to Judge Hall while on the bench, and skillfully dropped
into his lap a silk handkerchief, which contained within its
folds a bright and dangerous dagger, such as was carried by
many persons in those days. When Judge Hall informed
Goodlet that it would be in order for him to show why he
should not be fined for contempt of court, Goodlet, springing
from his seat and rushing to attack Judge Hall, said : "I will
show cause right now," with a reach to strike the Judge as
he sat on the bench. Judge Hall, with dagger in hand, made
a furious thrust at Goodlet, who was jerked suddenly back-
ward by the sheriff, which in all probability was the saving
of Goodlet's life. Goodlet was fined fifty dollars and sent to
jail. He afterward sued Judge Hall for false imprisonment.
The case was sent to Vincennes, but was withdrawn before
coming to trial. This manner of adjusting personal differ-
ences between Judges and lawyers, in and out of court, did
not occasion as much remark in those days as it would in
these latter days.
Judge Samuel Hall was President Judge of the Gibson
Circuit court until he resigned April 20, 1835. Charles I. Bat-
tell, of Knox county, was the President Judge of the Gibson
The County Courts 695
Circuit court during 1835. From December 11, 1835, to Janu-
ary, 1846, Elisha Embree, of Gibson county, was President
Judge. James Lockhart was President Judge from January,
1846, to September 21, 1851. He was a member of the Con-
stitutional Convention of 1850, and was later elected as a
representative in Congress by the Democrats of the First dis-
trict, and was a member of that body at the time of his death,
in 1857.
TERRITORIAL JUDICIARY,
April 1, ISlo Judges of the Court of Common Pleas: William
Harrington, Isaac Montgomery and Daniel Put-
nam. Prosecuting Attorney : John Johnson.
iVpril 1, ISlo The Governor ''Issued a proclamation continuing
the justices of the peace heretofore apijointed in
Knox county" who lived within the newly created
county of Gibson.
.May 25. 1813 Justices of the Peace: David Robb, John John-
son. John Braselton, Hazeal (?) Putnam, Jesse
Emerson. Anthony Griffin, Thoma-s Montgomery,
Joseph Montgomery and Robert Allen.
June 15. 1S13 Justices of the Peace: John Milburu, Hosea
Smith and John Marshall.
November 6, 1813 Prosecuting Attorney : William Prince.
November 20, 1813 Judge of the Court of Common Pleas: Joseph
Montgomery.
November 20, 1813 Justices of the Peace: .John Waller.
January 7, 1814 Judges of the Circuit court: William Plarringtou,
first judge; Joseph Montgomery, second judge;
Daniel Putnam, third judge.
March 27, 1814 Justices of the Peace: Edmund Hagan and Ger-
vas Hazleton.
September 14, 1814 Associate Judges of the Circuit court: Willis C.
Osborn, first associate; Jesse Emerson, second
associate.
May 12. 1814 Justice of the Pence: John McCrery.
March 7, 181G Justice of the Peace: George H. Routh.
April 20, 1816 Justice of the Peace: George H. Routh.
May 28, 1816 Justice of the Peace: Adam Hope.
August 29, 1816 Justice of the Peace: Thomas J. Walters.
ASSOCIATE JUDGES.
Isaac Montgomery February 24, 1817.
Rowland B. Richards— February 24, 1817; resigned August, 1818.
Jesse Emerson September 8, 1S17; resigned July, 1820.
Thomas Montgomery __.\ugust 22, 1818, vice Rowland B. Richards, re-
signed.
696 Courts and Lawyers of Indiana
Walter Wilson M:iy 9, 1S21; resigned Jlay, 1S22.
Josepli Davisson August 26, 1822, vice Walter Wilson, resigned.
Thomas Montgomery __ October 22, 1823.
Joseph Davisson October 22, 1823 ; failed to qualify.
Thomas Alcorn September S, 1824, vice Joseph Davisson, who
failed to qualify.
Thomas Montgomery ..September 8. 1830, to serve seven years from Feb-
ruary 24, 1831.
Thomas Alcorn September 8. 1830, to serve seven years from Feb-
ruary 24, 1831.
Patrick Payne August 29, 1831, to serve seven years from Feb-
ruary 24, 1831, vice Thomas Alcorn, removed from
county.
Robert McCrary August 14, 1837, to serve seven years from Feb-
ruary 24, 1838.
Samuel A. Stewart August 14, 1837, to serve seven years from Feb-
ruary 24, 1838.
.\nderson F. Ely August 23. 1844, to serve seven years from Feb-
ruary 24, 1845; resigned July 11, 1850.
James W. French November 25, 1850 (special election), to serve sev-
en years from February 24, 1845.
PROBATE JUDGES.
Isaac Montgomery September 8, ISSO.
James Devin August 24, 1832; resignation filed December 10,
1836.
John Hargrove January 27, 1837, appointed to serve until August
election of 1837.
Elias S. Terry August 14, 1837.
William French December 7, 1837.
William French August 13, 1839.
Robert McCrary January 11, 1845, appointed to serve until next
annual election.
Samuel A. Stewart February 22, 1845, appointed to serve until next
annual election.
Samuel A. Stewart August 19, 1845, to serve seven years from Feb-
ruary 24, 1845; resigned June, 1849.
Frederick Bruuer June 22. 1849, vice Samuel A. Stewart, resigned.
COMMON PLEAS JUDGES.
John Pitcher 1S52-CG.
Andrew L. Robinson 1866-67.
Morris S. Johnson 1867-71, died in office.
William P. Edson Appointed November 25, 1871 (vice Johnson, de-
ceased) -1872.
William Land August 3-October 28, 1872.
John B. Handy 1872-73.
The County Courts 697
DISTRICT PROSECUTING ATTORNEYS.
Harrison F. Kiger lS52-5-i.
Joseph r. Edson lSo4-oG.
Elijah II. Spencer 1S56-5S.
Williiim P. Edson 185S-60, resigned.
Burr H. Pope Appointed June 26, 1S60.
Ellis Lewis 1860-64.
Charles G. Bennett 1864-66.
William M. Hoggatt— 1S66-6S.
Milton W. Pearce 186S-70.
John Brownlee 1870-73.
PRESIDENT JUDGES.
Benjamin Parke Hecember 21, lS16-February 8, 1817, resigned.
First circuit.
William Prince Appointed February S. lS17-January 28, 1818.
The act of January 28, 1818, put Gibson in the
Fourth,
David Hart Viipninted January 28, 1818; died in office in 1818.
Richard Daniel Appointed January 2, lS19-January 21, 1822.
James E. E. Goodlet— February 21, lS22-January 25, 1832.
Samuel Hall January 25, 1832; resigned April 20, 1835.
Charles I. Battell Appointed April 20, lS35-December 11, 1835.
Elisha Embree December 11, 1835-January 1, 1846.
James Lockhart January 1, 1846; resigned September 21, 1851,
Alvin P. Hovey Appointed September 21, 1851-October 12, 1852.
CIRCUIT JUDGES.
Alvin P. Hovey October 12, 1852; resigned September 26, 18.54.
Third circuit.
William E. Niblack Aiipointed September 26, 1854; resigned October
24, 1857,
Ballard Smith Appointed October 24, lS57-November 1, 1858.
JI. F. Burke November 1, 1858; died in office in June, 1864,
James C, Denny Appointed June 27, 1864-November 1, 1864.
John Baker November 1, lS64-November 1, 1870,
Newton F. Mallott November 1, lS70-March 6, 1873. The act of
March 6, 1873, put Gibson in the Eleventh.
Oscar M. Welborn Appointed March 12, 1873-October 24, 1909.
Herdis F. Clements October 24, 1909-January 29, 1913. The act of
January 29, 1913, made Gibson the sole county in
the Sixty-sixth, where it has since remained.
Simon L. Vandeveer Appointed February 1, 1913; elected at general
election In 1914; terms expires October 24, 1920.
PROSECUTING ATTORNEYS.
Amos Clark August 9, 1824-xVugust 14, 1826. Fourth circuit,
Charles I. Battell August 14, 1826-December 30, 1832,
698 Courts and Lawyers of Indiana
John Pitcher __: December 30, lS32-August 10, 1S36.
Eben D. Edson Appoluted August 10, ISSG-January, 1837.
John A. Brackenridge- January, lS37-December 7, 1S3S.
Eben D. Edson December 7, lS3S-December 10, 1840.
John Pitcher December 10, ISlO-August 6, 1841, resigned.
John Ingle Appointed August 6, lS41-December 10, 1841.
James Lockhart December 10, lS41-September 19, 1845.
Eben D. Edson September 10, 1845-August 27, 1846.
Samuel S. DeBruler August 27, 1846-August 27, 1848.
Andrew L. Robinson— August 23, lS4a-September 1, 1851.
Harmon G. Barkwell September 1, lS51-October 12, 1852.
Andrew L. Robinson October 12. lS52-November 7, 1854. Third cir-
cuit.
Nathaniel Usher November 7. lS54-November 22. 1855, resigned.
Harmon G. Barkwell Appointed November 22, 1855; resigned August 15,
1857.
William F. Parrett Vjipointed August 31, lS57-Xovember 12, 1857.
James JX. Shanklln November 12, 1857; resigned October 11, 1858.
Commission issued again November 24, 1858,
served to August 3, 1859, when Shanklin was
transferred to Fifteenth.
Richard A. Clements, Jr. Appointed August 3, 1859-August 14, 1866.
W. It.iy G.iruiuer Appointed August 14, lS66-November 3, 1866.
Cutler S. Dobbins November 3, lS66-November 3, 1872.
Samuel H. Taylor November 3, lS72-iIarch 6, 1873. The act of
March 6, 1873, put Gibson in the Eleventh.
John C. Schafer Appointed March 12, 1873-October 15, 1877.
William H. Trippett— Appointed October 15, 1877-October 26, 1880.
Arthur H. Taylor October 26. ISSO-November 17, 1884.
John L. Bretz November 17, 18S4-November 17, 1890.
Thomas H. Dillon November 17, 1890-November 17, 1892.
William E. Cox November 17, 1892 -March 8, 1895. The act of
March 8, 1895, transferred Cox to the Fifty-sev-
enth.
James Kilroy Appointed March 26, 1895-January 1, 1901.
William Espenscheid __ January 1, 1901- January 1, 1905.
George W. Curtis .January 1, 1905-January 1, 907.
Clyde McGary January 1. 1907-January 1, 1909.
Sanford Trippett January 1, 1909-January 1, 1913. The act of Jan-
uary 29, 1913, made Gibson the sole county In the
Sixty-eighth, where it has since remained.
Harvey Harmon Appointed January 29, 1913-January 1, 1915.
Oscar Lanphar January 1, 1915; term expires January 1, 1917.
The County Courts 699
Grant County.
Grant county was organized by the legislative act of
January 9, 1832, and began its formal career as an indepen-
dent county on the 1st of the following April. The locating
commissioners selected Marion as the county seat during the
summer of 1832 and the first lots in the newly selected county
seat were sold on the second Monday of the following Novem-
ber. A court house was not erected and ready for occupancy
until three years after the county was organized.
The first session of the Circuit court was held on Thurs-
day, April 26, 1832, at the house of David Branson. The
county was then attached to the Sixth judicial circuit, which
was presided over by Charles H. Test as President Judge.
When the first court met on the date above mentioned, Caleb
Smith, one of the Associate Judges, was the only officer pres-
ent and consequently court had to be adjourned, although
Smith waited three days for the other Associate Judge, Samuel
McClure, or Judge Test to appear. On August 8, 1832, the
two Associate Judges met in an informal meeting to receive
the resignation o the county clerk, but they transacted no
other business than to appoint his successor. The first organ-
ized Circuit court of the county met on October 25, 1832, at
the house of David Branson, but at once adjourned to the
house of Riley Marshall, the newly appointed clerk, in the
town of Marion. However, only the Associate Judges were
present at this session, although Harvey Gregg, the prosecut-
ing attorney of the circuit, was present. Before the court
house was ready for occupancy, court was held at the houses
of Riley Marshall and John Beard, both of whom lived in the
county seat. The first term of the Circuit court in the new
court house was held on May 5, 1834.
The first Probate court met at the house of David Branson,
September 7, 1831, with Samuel McClure and Caleb Smith,
the two Associate Judges, officiating. For some reason, no
regular Probate Judge was elected until 1838, the Associate
Judges having charge of probate matters until that time.
James Trimble took the Probate bench in November, 1838,
but served only one year. The first Common Pleas court in
700 Courts and Lawyers of Indiana
Grant county convened for the first time on May 9, 1853, with
Walter March on the bench and William Brotherton serving
as the prosecutor of the court.
SUPERIOR COURT JUDGES.
Grant and Howard counties were united in a Superior
court district by the act of February 10, 1897, and remained
united for Superior court purposes until the act of March 1,
1909. This latter act made Howard a separate Circuit court
district (the Sixtv-second) and at the same time created a new
Superior court district including Grant and Delaware coun-
ties. Upon the creation of the Grant-Howard Superior court
district the Governor on February 11, 1897, appointed Hiram
J. Erownlee Judge of the district and by subsequent election
Judge Brownlee filled the office until December 5, 1902. He
was followed by B. F. Harness, of Kokomo, who served until
December 31, 1906, at which time Patrick H. Elliott assumed
the bench. Judge Elliott's term expired December 31, 1910,
ard the present incumbent, Robert M. Van Atta, has filled the
office since January 1, 1911. Judge Van Atta was re-elected
in November, 1914, and his term will expire December 31,
1918.
ASSOCIATE JUDGES.
Caleb Smith August 8, 1831.
Samuel McClure August 8, 1831, resigned.
Dauiel James October 28, 1834, to serve seven years from Aug-
ust 8, 1831, vice Samuel JlcClure. resigned.
William Massay April 23, 1838, appointed.
William Massay August 13. 1S3S, to serve seven years from Aug-
ust 8, 1835).
Caleb Smith August 13, 1S3S, to serve seven years from Aug-
ust S, 1838.
Benjamin Furnish Vugust 2.5. 1845, to serve seven years from Aug-
ust S, 1845.
Caleb Smith \ugust 25. 1845. to serve seven years from Aug-
ust S. 1845. Certificate of death filed August 8,
1850.
Henley James Octolier 3, 1S50. to serve seven years from Aug-
ust 8. 1845, to fill out unexpired term of Caleb
Smith.
The County Courts 701
PROBATE JUDGES.
James Trimble August 16, 1S37.
Beuoiii C. Hogan August 21, 1S37.
John W. Goldthwaite December 4, 1843, vice Beuoui C. Plogan (re-
signed), to serve until August election, 1S44.
George F. Dunn August 24, 1844.
Frederick P. Lucas May 9, 1S48, appointed, vice George F. Duuu. re-
signed.
Frederick P. Lucas Augu.st 2S, 1S4S, to serve seven years from date.
COMMON PLEAS JUDGES.
Walter March lS.52-50.
Henry S. Kelley 1856-60.
John Green 1860-64.
Nathaniel R. Lindsey 1864-6.5. resigned.
William Garver Appointed February 4, 1865-73.
DISTRICT PROSECUTING ATTORNEYS.
William Brotherton ___ 1852-54.
Henry S. Kelley 1854-56,
R. T. St. John 1856-58.
John D. Chlpman 1858-60.
Nathan W. Gordon 1860-61.
Joel Stafford 1861-62.
Thomas S. Underhlll__ 1862-64.
James A. Strech 1864-00.
Levi Farley 1866, resigned.
August F. Shirts Appointed November 17, 1866-67.
Noah W. Parker 1.867-68.
Joseph L. Custer 1868-72.
Robert B. Beauchamp- 1872-73.
PRESIDENT JUDGES.
Charles H. Test April 1. 1832-December 11, 1.835. resigned. Sixth
circuit.
Samuel Bigger Appointed December 11, 1835-January 3, 1837, re-
signed.
James Perry Appointed January 3, 1837-January 28, 18.39. The
act of January 28, 1839, put Grant in the Eleventh,
Morrison Rulon Appointed January 28, 1839; never qualified.
David Kilgore Appointed March 1, 1839-January 30, 1846.
Jeremiah Smith January 30, 1846-Oetober 12, 1852.
CIRCUIT JUDGES.
Joseph Anthony October 12, lS52-January 21, 1853. The act ol
January 21, 1853, took Grant out of the Seventh
and put it in the Eleventh.
John U. Pettit Appointed January 25, 1853; resigned August 28,
1854.
702 Courts and Lawyers of Indiana
John Brownlee Appointed September 6, 1854-October 25, 1854.
John M. Wallace October 25, 1854-October 26, 1860.
Horace P. Biddle October 26, 1860-February 11, 1867. The act of
February 11, 1867, put Grant in the Seventh.
Joseph S. Buclcles February 11, 1867-October 24, 1870. Judge Buck-
les had been on the bench of the Seventh since
October 26, 1858.
Joshua H. Mellett October 24, 1870-March 6. 1873. The act of March
6. 1873, put Grant in the Twenty-eighth.
James R. Slack Appointed April 1, 1873; died in office in August,
1881.
Henry B. Sayler Appointed August 15, 1881-March 3, 1885. The act
of March 3, 1885, put Grant in the Forty-eighth
with Blackford, and Judge Sayler remained on the
bench of the Twenty-eighth.
William H. Carroll Appointed March 12. lSS5-Xovember 15, 1886.
Robert T. St. John November 15, lS86-November 15, 1892.
Joseph L. Custer November 15, 1892-Xovember 15, 1898. The act of
March 4. 1893, constituted Grant the sole county
of the Forty-eighth, where it has since remained.
Henry J. Paulus November 15, 1S9S ; term expires November 15,
1916.
PROSECUTING ATTORNEYS.
William J. Brown April 1, 1832-December 10, 1S36, resigned. Sixth
circuit.
Samuel Parker Appointed December 10. 1836-December 10, 1838.
David Macey December 10, 183S-January 28, 1839. The act of
January 28, 1839, put Grant in the Eleventh.
Jehu T. Elliott February 18, 1839-August 20, 1839, resigned.
John Brownlee — ^ Appointed August 20, lS38-December 5, 1839.
Jeremiah Smith December 5, lS39-December 15, 1841.
John M. Wallace December 15, 1841; resigned October 30, 1843.
John Davis Appointed November 14, lS43-September 7, 1846.
Joseph S. Buckles September 7, lS46-September 7, 1S4S.
William Carver August 20, lS51-October 12, 1852.
Silas Colgrove October 12, lS52-January 21, 1853. The act of
January 21, 1853, took Grant out of the Seventh
and put it in the Eleventh.
John M. Connell January 25, 1853-November 9, 1855.
Isaiah SI. Harlan November 9. 1855; resigned February 11, 1856.
Orris Blake Appointed February 27, 1856-October 30, 1856.
Charles H. Parrish October 30, 1856-December 1. 1858.
Richard P. DeHart Decemlier 1. 18.58-November 1, 1860, resigned.
Meredith H. Kidd November 1. 1860-February 17, 1862, resigned.
Thomas C. Whiteside— Appointed February 17, 1862-November 3, 1864.
Dudley H. Chase Noxeniber 3, ISiU-February 11. 1867. The act of
February 11, 1867, put Grant in the Seventh.
The County Courts 703
Davia W. Cliauitieis— November 12, 1867-October 21, 1872.
Johu W. Eyan October 21, 1872-Marcli 6, 1873. The act of March
6. 1873. put Grant in the Twenty-eighth.
Alfred Moore October 28, lS73-October 28, 1S77.
Asbury E. Steele October 28, 1877-October 28, 1879.
Charles W. Watkins October 28, lS79-October 28, 1883.
Sidney W. Cantwell October 28, 1883-October 28, 18S9. The act of
March 3, 1885, put Grant in the Forty-eighth, and
transferred Cantwell from the Twenty-eighth to
the Forty-eighth.
Charles M. RatclifC October 28. 1889-October 28, 1893.
Ono L. Cline October 28. 1893-October 28, 1895.
Ellas Bundy October 28, 1805-October 28, 1897.
William M. Amsden October 28, 1897-January 1, 1902.
Grant A. Dentler January 1, 1902-January 1, 1906.
Elmer E. Friedling January 1, 1906-January 1, 1908.
Wilbur E. Williams— _ January 1, 1908-January 1, 1910.
George M. Coon January 1, 1010-January 1, 1914.
Wilbur E. Williams—January 1, 1914-January 1, 1916.
David M. Bell J^inuary 1. 1916; term expires January 1, 1918.
Greene County.
Greene county was organized by an act of the Legislature,
January 5, 1821, which became effective February 5, 1821.
The five locating commissioners to select the first county seat
of Greene met on March 10, 1821, and reported to the county
commissioners that they had located the future seat of .ius-
tice on sections 9 and 10, township 7 north, range 5 west,
and called the new town Burlington. The land for the county
seat was donated by Thomas Bradford, Frederick Shepherd
and Zebulon Hague. A court house was built on this site at a
cost of two hundred and fifty dollars. By 1824 it became
evident that Burlington could not be furnished with water
at a reasonable expense, and the attention of the people was
called to the question of moving the county seat. Va-
rious suggestions were made and the people were called
upon to donate a suitable site. One Peter C. Van Slyke,
a wealthy landowner in and around the present site of Bloom-
field, made such a liberal offer of land that it was accepted.
The ground was immediately surveyed, and the first sale of
lots was set for April 22, 1824. A log court house was built
in the summer of 1824, "a hewed log house, twenty-six by
704 Courts and Lawyers of Indiana
twenty feet, one story and a half high, with one door and one
window with twelve lights in it (eight by ten) in the lower
story, with a good poplar plank floor. House to be covered
with shingles." The board of justices met at Burlington for
the last time in September, 1824, and immediately adjourned
to meet in the new court house in Bloomfield. Burlington
gradually dwindled away, until at present there is not a ves-
tige of the former seat of justice.
The first term of Circuit court held in Greene county was
held at the residence of Thomas Bradford, about a mile south
of Bloomfield, in September, 1821, with Jonathan Doty as
President Judge and John L. Buskirk as Associate Judge.
Henry Merrick and Amory Kinney were admitted to practice
as attorneys and Merrick was appointed prosecuting attorney
at the first term of court. The second term of court was held
in February, 1822, at Mr. Bradford's residence, with Thomas
Bradford and John L. Buskirk as Associate Judges. Addi-
son Smith served as prosecuting attorney and, together with
Craven P. Hester, Thomas H. Blake and Joseph Warner, was
admitted to practice at this term of court. It was at this
term of court that the first jury trial was held in the county.
By the time the third term of court convened in August, 1822,
William Wick had become President Judge. Court again
convened at the residence of Judge Bradford, but adjourned
to meet at the court house in Burlington, which was then
the county seat.
By the time the March, 1823, term of court convened,
Martin Wines, who later became well known as a public-
spirited citizen, had become Associate Judge. Smith Elkins
had been chosen as prosecuting attorney and John F. Ross
was admitted to practice at this term. At the October, 1823,
term of court, David Goodwin, Edgar Wilson, John Law and
Calvin T. Fletcher were admitted to practice. John Law
afterwards became an eminent lawyer and Judge, and from
1861 to 1865 represented the First Indiana district in Con-
gress.
The May, 1824, term of the Circuit court was held by
Jacob Call, President Judge, and James Bradford and
Martin Wines, Associate Judges. Thomas F. G. Adams was
The County Courts 705
admitted to practice. The October, 1824, term was presided
over by John R. Porter.
At the May, 1825, term of court, which was the first held
at Bloomfield, Jacob Call was President Judge and John Law
prosecuting attorney. Judge Porter appeared again at the
October term of court as President Judge. Gen. Jacob B.
Lowe was admitted to practice. In October, 1826, Hugh L.
Livingston was admitted to practice. In 1827 E. H. McJun-
kins, Henry Chase and Mathias C. Vanpelt were admitted to
practice law, and in 1828 Mr. Griffith was admitted.
In 1830 John Law was elected by the Legislature as judge
of the circuit including Greene county for a term of seven
years, and E. M. Huntington was chosen as prosecuting attor-
ney, but an act of the Legislature soon changed the district
and Judge Law was legislated out of the circuit. In April,
1831, Tilghman A. Howard, who represented the Seventh
Indiana district in Congress from 1839 to 1841, was admitted
to practice in the Greene Circuit court. In 1840, however,
Howard resigned his seat in Congress to become a Dem-
ocratic candidate for governor. General Harrison's popular-
ity, however, carried Governor Bigger and the whole Whig
ticket into office. In 1842 Howard was the choice of his
party for United States senator, but Edward A. Hannegan
was elected. Howard later died in Texas, where he was serv-
ing in an official capacity. General W. Johnston, who had
previously served a short period as adjutant-general of In-
diana, presided at the October, 1830, term of the Greene
Circuit court. In 1832 Amory Kinney appeared as President
Judge and held the office for five years. In 1833 Rollin C.
Dewey, Delana R. Eckles and Paris C. Dunning were admit-
ted to practice law. Eckles afterward served as judge of the
same court and Dunning, who had been elected lieutenant-
governor on the ticket with Governor James Whitcomb in
1843, succeeded Whitcomb in the governor's chair in 1848,
when Whitcomb was elected a United States senator. In
1836, Willis A. Gorman, who represented the Sixth Indiana
district in Congress from 1849 to 1851, and who was a colonel
in the Mexican War, a general in the Civil War and still later
706 Courts and Lawyers of Indiana
governor of Minnesota, was admitted to practice in Greene
county. In 1837 Elisha M. Huntington, who had served as
prosecuting attorney of the Greene Circuit court, appeared
as President judge. He remained on the bench only two
years, when he was appointed judge of the District Court of
the United States. George F. Waterman and William Smith
were admitted to practice. George R. Gibson and Basil Cham-
per were admitted to practice in 1838. In 1839 David Mc-
Donald appeared as judge and held the office until 1852. In
1839 John S. Watts, Thomas H. Carson, Richard W. Thomp-
son, George G. Dunn, Samuel H. Smydth, Samuel B. Gookins
and Henry Secrest were admitted to practice. Thomas H.
Carson, a native of Kentucky, who afterward returned to that
state, served as auditor for some time and was an officer in the
Union army. Samuel H. Smydth died in France, where he
was filling an official position. John S. Watts was afterward
appointed a judge in New Mexico by President Fillmore and
spent the remainder of his life there. Richard W. Thompson
represented the Seventh Indiana district in Congress from
1847 to 1849 and was secretary of the navy in President
Hayes's cabinet. George G. Dunn represented the Third In-
diana district in Congress from 1855 to 1857. Henry Secrest
became a great judge. Samuel B. Gookins also became a
great lawyer and judge. Elias S. Terry was admitted to prac-
tice in 1840, at which time he lived at Washington.
In 1841 Richard H. Rousseau and Lovel H. Rousseau lo-
cated at Bloomfield and were admitted to practice law. The
former served one teiTn in the Legislature and the latter two
terms in the House and one in the Senate. He was a captain
in the Mexican War and became a major-general in the Civil
War. At the time of his death, he was a brigadier-general
in the regular army. In 1843 William G. Quick was admitted
to practice. He served as prosecuting attorney for two years.
In 1844, H. H. Throop, S. H. Buskirk, W. E. Taylor, A. J.
Thixton and John M. Clark were admitted to practice. S. H.
Buskirk was judge of the Supreme court of Indiana from 1871
to 1877. In 1845, Craven P. Hester, of Bloomington, who
had been admitted to practice at the second term of court, ap-
peared as prosecuting attorney and continued in office until
The County Courts 707
1849. At this term, John Osborn, Alanson J. Stevens, Francis
M. Williams and William M. Franklin were admitted to prac-
tice. William M. Franklin was afterward prosecuting attor-
ney, Judge of the Court of Common Pleas and Circuit court
and also Supreme court commissioner from 1881 to 1885.
In 1846 Augustus L. Rhodes, Alexander McClelland and
Robert Crockett were admitted to practice. Rhodes had been
a student at Hamilton College with Governor A. P. Willard.
He served one term as prosecuting attorney of the Greene
circuit court, but in 1854 moved to California, where he served
sixteen years on the Supreme bench and several terms as a
Superior judge. Robert Crockett was at one time a candidate
for judge of the Court of Common Pleas. In 1847 George
H. Munson and Lewis Bollman were admitted to practice.
Munson was a partner of George C. Dunn. In 1848 James H.
Hester, Richard Clements and Samuel W. Short were admit-
ted to the practice. Hester was the son of Craven P. Hester
and afterward became a judge in adjoining circuit. Clem-
ents was afterwards Judge of the Common Pleas court of
another circuit. In 1850 Allen T. Rose and W. R. Harrison
were admitted to practice. In 1850 Hiram S. Hanchett, James
McConnell, Wells N. Hamilton, William P. Hammond and
Aden G. Cravens were admitted to practice. Hanchett, who
was a student in the office of the Rousseaus, moved west soon
after his admission to the bar.
In April, 1852, R. S. Clements, Jr., W. D. Griswold, Na-
thaniel Usher, F. T. Brown and John P. Usher were admitted
to practice. John P. Usher afterward served as secretary of
the interior in President Lincoln's cabinet. Judge James
Hughes, who appeared as Judge of the Circuit court in 1852,
was the first Circuit Judge elected by popular vote in Greene
county. He resigned in 1855 and in 1856 was elected to Con-
gress, afterward serving as judge of the Court of Claims
under the administration of President Buchanan. He was a
graduate of West Point and a lieutenant in the Mexican War.
In 1864 he was commissioned major-general by Governor
Morton and had command of the southern division of the state
of Indiana. He was a member of the lower house of the
Forty-fifth General Assembly and a member of the forty-sixth
708 Courts and Lawyers of Indiana
and forty-seventh sessions of the Indiana State Senate. John
R. Hudson, Sheridan P. Reed, William E. McClean, A. B.
Carlton, E. H. C. Cavins and Andrew Humphreys were ad-
mitted to practice at the April term of the Circuit court and
Albert E. Redstone, Ephraim Jacltson and Jacob C. Brown
at the November term of the Common Pleas court. William
Clark, William Mack, John N. Evans, John T. Gunn, Francis
L. Neff. Harlin Richards and Arthur M. Neill were admitted
to practice law. William Clark died shortly after beginning
the practice. William Mack lived at Bloomfield for some time
and then moved to Terre Haute. He was speaker of the lower
house of the Indiana General Assembly in 1871 and later
judge of the Circuit court. John N. Evans lived at Bloom-
field for a time and later moved to Washington, Daviess
county.
In 1855 Alfred Dyer, John R. Stone, Theodore Reed, David
Sheeks, Willis G. Neff, Francis L. Neff, John H. Huff, John C.
Palmer, J. W. Burton and E. C. Flinn were admitted to prac-
tice. In 1856 J. M. Hanna appeared by appointment to hold
court as judge at the April term and A. B. Carlton presided
at the October term. Francis L. Neff later became colonel in
the Civil War and was killed in action. Austin N. McGindley.
Samuel R. Cavins, L. B. Maxwell, Sewall Coulson, Joseph
Gormley, N. F. Malott, Robert M. Evans and Theodore Ogle
were admitted to practice in 1856. Evans served as captain
during the Mexican War and later located at Washington,
D. C. In 1856 J. M. Hanna was elected judge of the Circuit
court. Judge Hanna, having been elected one of the judges
of the Indiana Supreme court in 1858, Solomon Claypool was
appointed to fill the vacancy. During 1858, David Housten.
Henry C. Hill, Isaac N. Pierce, John Baker, Elijah Eddington,
Benjamin F. Cavins, George W. Throop and Franklin P.
Stark were admitted to practice. In October, 1858, Solomon
Claypool was elected Circuit Judge and held the office for six
years. In 1859 Samuel H. Buskirk held court at the April
term under appointment from Judge Claypool. At the Oc-
tober term, William M. Franklin acted as special prosecuting
attorney. During the year, William B. Squire, Henry C.
Owen, John T. Smith, William C. Andrews, William J. Mcln-
The County Courts 709
tosh, Nathan Kimball, William Blackburn, John Masters,
James Jackson and Joseph W. Eriggs were admitted to prac-
tice. In 186? Judge James A. Scott held court under appoint-
ment from Judge Claypool. In 1864 David Sheeks held court
at the October term under appointment. At the October elec-
tion, 1864, Delana R. Eckels was elected judge of the Circuit
court and held the office for six years.
Among the lawyers admitted in 1866 were John Hanna
and John P. Baird, the former of whom had been district at-
torney of the United States and who afterward served as a
member of Congress. John P. Baird was an able lawyer and
served in the Civil War as a colonel. In 1869, among the
lawyers admitted to practice, were Cyrus F. McNutt and
Lucien Shaw. The latter practiced in Bloomfield until 1883
when he moved to California and became one of the judges of
the Supreme court of that state. In 1867 Solomon Turman
served as Judge by appointment from Judge Claypool. Will-
iam M. Franklin was elected Judge in 1870 and served until
1873, when David Laird became judge. He was succeeded
by John C. Robinson in 1876.
The Fourteenth judicial circuit, composed of Greene and
Sullivan counties, was created by an act of the Legislature
in 1883. Prior to that time, Greene, Owen and Morgan coun-
ties constituted one circuit and Sullivan and Vigo were in-
cluded in one. In the I'edistricting, Owen and Morgan were
made one circuit, Vigo was made a circuit by itself, and
Greene and Sullivan created as the Fourteenth circuit. George
W. Buff, of Sullivan, had been elected judge of the old Sullivan
and Vigo circuit. When the new circuit was created, Judge
Buff was appointed by the governor as Judge of the Greene
and Sullivan circuit. He served until 1888 and was then suc-
ceeded by John C. Briggs, who served until 1894. Judge
Briggs was succeeded by William W. Moffett, of Greene
county, who served until 1900. Orion B. Harris, of Sullivan,
succeeded Judge Moffett in 1900 and served until 1906, when
he was succeeded by Judge Charles E. Henderson, of Greene
county. Judge Henderson served until 1912, when he was
succeeded by Theodore E. Slinkard, whose term expires No-
vember 14, 1918.
710 Courts and Lawyers of Indiana
associate judges.
Norman W. Pierce April 27, 1821.
John L. Buskirk April 27, 1S21, resigned.
Martin Wines September IS, 1S22, vice John L. Buskirk. re-
signed; removed from county, 1S26.
rhomas Bradford August 27, 1821; resigned August 8. 1825.
William B. Marrs September 5, 1825, vice Tliomas Bradford, re-
signed ; removed from county.
Levi Fellows September 1, 1826 (special election), vice Martin
Wines, removed; resigned October, 1830.
Robert Smitli September 1, 1826 (special election), vice William
B. Marrs, removed; died in office, January. 1829.
Samuel K. Gavins March 20, 1829 (special election), vice Robert
Smith, deceased; resigned June, 1831.
Norman W. Pierce December 27, 1830 (special election), vice Levi
Fellows (removed), to serve from December 27,
1830; resigned July, 1832.
John Robinson September 3, 1832 (special election), to serve from
December 27, 1830; died November, 1833.
William S. Cole February 10, 1834 (special election), vice John
Robinson (deceased), to serve seven years from
December 27, 1830.
Thomas Bradford August 22, 1834 (special election), vice Samuel R.
Gavins (resigned), to serve seven years from
March 20, 1829.
Thomas Bradford August 14, 1836, to serve seven years from date;
died May, 1841.
Levi Fellows March 17, 1838, to .serve seven years from March
17, 1838; resigned June, 1841.
Lewis B. Edwards August 9, 1841, to serve seven years from August
14, 1836, vice Thomas Bradford, deceased.
Joel Sexson Vugust 9, 1841, to serve seven years from March
J 17, 1838, vice Levi Fellows, resigned.
Louis B. Edwards August 23. 1843, to serve seven years from August
14, 1843 ! resigned, 1848.
Joel Sexson Auirust 24, 1S44, to serve seven years from March
17, 1845.
Jes.se Rainbolt November 24, 1848, to serve seven years from
August 14, 1843, vice Louis B. Edwards, resigned.
Jesse Rainbolt \ugust 23, 1850, to serve seven years from August
14, 1850.
Thomas P. East August 22, 1851, to serve seven years from March
17, 1852.
PROBATE JUDGES.
Willis D. Lester Augu.st 28, 1829, to serve seven years from date.
Willis D. Lester \ugust 14, 1.836, to serve seven years from August
The County Courts 711
John I{. Stone August 23, 1843. to serve seven years from August
28, 1843.
Willis D. Lester yeiiteuiber 4. 1S50. to serve seven years from Aug-
ust 28, 1S50.
COMMON PLEAS JUDGES.
William M. Franklin— 1852-56.
Frederick T. Browu— 1850-64.
William M. Franklin... 1804-68.
Harry Burns 1808-73.
DISTRICT PROSECUTING ATTORNEYS.
Fred T. Brown 1852-54.
Oliver H. P. Ash 1854-56.
Michael Malott 1856-58.
George Xf. Throop 1858-60.
Harvey Burns 1860-62.
iSlamuel W. Curtis 1862-64.
Patrick Harvey 1864-66.
John C. Robinson 1866-68.
Courtland C. Matson 1868-72.
Samuel M. McGregor.. 1872-73.
PRESIDENT JUDGES.
Jonathan Doty February 5, 1821-December 31, 1S21. The act of
December 31, 1821, took Green out of the First
and put it in the Fifth.
William W. W^ick Appointed February 7, 1822-January 14, 1824. The
act of January 14, 1824, put Greene in the First.
Jacob Call January 14, 1824-July 28, 1824, resigned.
John K. Porter Aiipoiuted July 28, 1824-Januai-y 20. 1830. The
act of January 20, 1830, put Greene in the Sev-
enth.
John Law Appointed January 25, 18oO-August 10, 1831, re-
signed.
General W. Johnston.. Appointed August 10, lS31-January 21, 1832.
Aniory Kinney January 21, 1832- January 25, 1837.
Elisba U. Huntington-Jauuary 25, lS37-Jauuary 28, 1839. The act of
January 28, 1839, put Greene in the Tenth.
David JIcDonald January 28, lS39-October 12, 1852.
CIRCUIT JUDGES.
James Hughes October 12, 1852; resigned July 2, 1856. Sixth
circuit.
Ambrose B. Carlton.. .Apiiointed July 2, 1856-October .30, 18.56.
James M. Hanna Octnber 30. 1856: resigned December 18, 1857, to
become a member of the Supreme court of the
state.
Solomon Claypool Appointed December IS, 1857-November 0. 1864.
712 Courts and Lawyers of Indiana
Delana R. Eckles November 6, lS64-November 6, ISTO.
William M. Fi-anklin__ November 6, ISTO-ilareb 6, 1873. The act of
Jlarcla 6, 1S73, put Greeue iu tlie FifteeutU.
David T. Laird Marcb 6, lS73-November 6, 1870. Judge Laird had
been on the beuch iu the Fitteeuth siuce October
24, 1870.
Johu C. Robinson November 6, lS76-November 14, 1882.
Ambrose M. Cummiug.. November 14, 18S2-February 20, 1SS3. The act of
February 20, 1883, put Greene in the Fourteenth.
George W. Buff February 20, lS83-November 14, 1888. Judge BufE
had been on the bench in the Fourteenth since
November 14, 1SS2.
John C. Briggs November 14, ISSS-November 14, 1894.
William W. MofCett November 14, 1804-November 14, 1900.
Orion B. Harris November 14, 1900-November 14, 1906.
Charles E. Henderson-- November 14, 190G-November 14, 1912. The act of
February 16, 1911, made Greene the sole county
In the newly created Sixty-third, where it has
since remained. Judge Henderson was trans-
ferred from the Fourteenth to the Sixty-third.
Theodore E. Slinkard November 14. 1912; term expires November 14,
1918.
PROSECUTING ATTORNEYS.
John Law August 9. lS24-January 20. 1830. First circuit.
The act of January 20, 1830, put Greene iu the
Seventh.
E. M. Huntington January 25, lS30-January 2.5, 1832.
John H. Dowden January 25, 1832- April 9, 1833, died.
Erasmus H. McJunkin. Appointed April 9, 1833- August 14. 1834, died.
John Cowgill Appointed August 14, 1834-December 4, 1834.
David McDonald December 4, 1834- August 17, 1837, resigned.
John Cowgill Appointed August 17, lS37-February 13, 1838.
Delana R. Eckles February 13, lS38-January 28, 1839. The act of
Januai-y 28, 1839, put Greene in the Tenth.
John I. Watts February 1, 1839-February 1, 1843.
William G. Quick February 1, 1843-February 1, 1845.
Craven P. Hester February 1, 1845-February 1, 1849.
William M. Franklin.. August 23, 18.51-October 12, 1852. Sixth circuit.
William E. McLean October 12, lS52-November 7, 1854.
Ambrose B. Carlton November 7, 1854; resigned March 29, 1855.
Theodore Read Appointed April 3. 1855-August 2, 1855, resigned.
Francis L. Neff Appointed Augu.st 6, 18o5-November 2, 1856.
Milton A. 0.sborn November 2, lSo6-November 6, 1858.
Isaac N. Pierce November 6, lS58-November 6, 1S60.
Willis G. Neff November 6. 18G0-November 6. 1864.
Michael Malott November 6. lS64-November 6, 1866.
Jacob S. Broadwell November 6, 1866-November 6, 1868.
The County Courts 713
John C. Robinsou Noveiuber t), ISOS-Xovember 1, 1ST2.
CourtUiud C. Matson— Xoveuiber 1. 1872-il:irch G, 1S73. The act of
March 6, 1873, put Greene in the Fifteenth.
Heury Burns Appointed March 12, lS73-October 29, 1S73.
Ambrose M. Cunning— October 29, lS73-October 29, 1877.
Samuel O. Pickens October 29, lS77-October 29, ISSl.
John U. Alexander October 29, lS81-October 29, 1885. The act of Feb-
ruary 20, 18S3, put Greene in the Fourteenth, and
transferred Alexander from the Fifteenth to tlie
Fourteenth.
Samuel W. Axtell October 29, ISSo-October 29, 1887.
William C. Hultz October 29, lSS7-October 29, 1891.
William L. Slinkard— -October 20, lS91-October 29, 1895.
Charles D. Hunt October 29, lS95-October 29, 1899.
Fdwnrd W. McIutosh__ October 29, lS99-January 1, 1902.
John A. Riddle January 1, 1902-January 1, 1904.
John W. Lindley January 1, 1904-January 1, 1906.
James B. Filbert January 1, 1906-January 1, 1908.
Walter F. Wood January 1, 190S-January 1, 1910.
James M. Hudson January . 1910-January 1, 1913. The act of Feb-
ruary 16, 1911. put Greene in the Sixt.v-third,
where it has since remained, and the same act
transferred Hudson from the Fourteenth to the
Sixty-third.
William L. Rude January 1, 1913-January 1. 1915.
W. Ray Collins January 1. 1015; term expires January 1, 1917.
Hamilton County.
Hamilton county was organized out of a part of Marion
county by an act of the General Assembly, approved January
8, 1823. On March 1, 1824, three commissioners, Martin M.
Ray, John Sample and Benjamin I. Blythe, who had been ap-
pointed by the Legislature to fix the seat of justice, met at
the home of William Connor, at whose house the business of
the county had been previously transacted, and selected the
site of Noblesville as the county seat.
On September 25, 1824, at the first session of the Board
of County Justices, the Sheriff was ordered to sell the clearing
of the public square preparatory to the erection of a tempo-
rary coui't house. The first court house was built on the style
of pioneer architecture for such purposes, and served the
county for about four years. Preparations were then made
for the erection of a second court house, and this second build-
714 Courts and Lawyers of Indiana
ing, erected on the public square, served the purpose of the
county until 1877, when the contract for the construction of
the present court house was awarded, at a cost of ninety-nine
thousand, nine hundred and fifty dollars. In 1904 substantial
repairs were made upon this building at a cost of nearly
twenty-one thousand dollars.
The first Circuit court was organized in Hamilton county
in August, 1823, at the home of William Connor, a few miles
south of the present site of Noblesville, on White river, with
William W. Wick, of Indianapolis, as Presiding Judge of the
district, and John Finch and William C. Blackmore as
Associate Judges. Hamilton county was at that time a part
of the Fifth Judicial Circuit, which included, besides Hamil-
ton, Lawrence, Monroe, Owen, Marion, Morgan, Greene, Hen-
ry, Rush, Decatur, Bartholomew, Shelby and Jennings coun-
ties. Madison, Hancock, Hendricks, Johnson, Carroll and
Cass counties were afterwards added to the circuit.
The following paragraph is of interest as throwing light
upon the activities of Hamilton county's first court: "As the
official duties of this early court of Hamilton county were not
supposed to be very arduous, the parties concerned, includ-
ing the honorable court and James M. Ray, a lawyer of In-
dianapolis, and a number of witnesses, together with a few
hangers-on who wished to be connected in some way with the
official crowd, started in a frolicsome manner to the impro-
vised 'court house' by way of the river. Their canoe was a
large one, and was apparently well manned and equipped for
the journey. Besides the men, it contained a 'stock of provi-
sions, a lot of blankets, some cooking utensils, and a keg of
whiskey.' Before the company had proceeded far on their
journey, the boat seemed to be getting very unsteady, which
fact was not due to the agitation of the water, for White river
was placid as a summer day, but rather to the 'extracted con-
tents of that keg of whiskey.' " Our early historian so describes
the result of imbibing too freely from said keg. The first petit
jury were composed of thirty-six "discreet house-holders," the
names having been selected from a list of "taxable property
owners."
The first session of court lasted but two days, the jurors
The County,^ Courts 715
receiving seventy-five cents per day, the bailiff the same, and
the Associate Judges two dollars per day. At the February,
1824, term of court, James Gilmore, Bethuel F. Morris, Daniel
B. Wick and E. C. Wilson were admitted to the practice of
law. At the April term, C. J. Johnson, James Rariden, Cyrus
Finch and Josiah F. Polk were added to the list of lawyers.
Polk, being the only resident attorney, was appointed by the
Judge as prosecuting attorney for that term of court, Daniel
B. Wick, a non-resident, having served at the previous ses-
sion. At the October, 1824, term of court, Harvey Gregg
presented his commission as prosecuting attorney for the cir-
cuit. The commission was duly examined by Judge Wick,
and Gregg was duly sworn according to law.
The President Judges who presided over the Circuit court
in Hamilton county from the time it was organized in 1823
until 1850, were the same Judges who practiced in Marion
county and in a number of the other counties in the central
part of the state. During this period of twenty-seven years,
Hamilton was in the Fifth circuit, the act of January 12, 1850,
putting it in the Eleventh with Delaware, Grant, Blackford,
Jay, Randolph and Madison. Jeremiah Smith was the Presi-
dent Judge of this circuit from January 12, 1850, until the
new Constitution went into operation October 12, 1852.
When the state was divided into ten circuits by the act of
June 17, 1852, Hamilton was again placed in the Fifth circuit,
the other counties in the circuit being Johnson, Hendricks,
Hancock, Tipton and Madison. W. W. Wick, who had been
the first Judge of the Fifth by election in 1852, served
until February 1, 1859, when an act of the Legislature took
Hamilton out of the Fifth and placed it in the Seventh with
Delaware, Blackford, Hancock, Madison, Tipton and Howard.
Joseph S. Buckles had been on the bench of this circuit since
the fall of 1S58, and he was still presiding over the circuit
when the act of February 11, 1867, put Hamilton in the
Seventeenth.
On February 11, 1867, when Hamilton, Tipton, Howard,
Madison counties were made the Seventeenth judicial circuit,
Henry A. Brouse was appointed Judge and served until Octo-
ber 19, 1867, when John Davis ascended the bench as the
716 Courts and Lawyers of Indiana
result of election. In 1870, his health having failed until
he was unable to attend to his judicial duties, he appointed
Eli B. Goodykoontz, of Anderson, to act as Judge pro tem
at the March and September terms of the Hamilton Circuit
court. The illness of the regular Judge having increased so
that he became wholly incompetent. Governor Conrad Baker,
in 1871 (March 4) commissioned James O'Brien as Judge of
the Circuit court during the disability of Davis. Afterwards,
when Thomas A. Hendricks was Governor, the Legislature
having placed Hamilton with Madison in the Twenty-fourth
circuit, he appointed Winburn R. Pierce, of Anderson, Judge
pro tem, who filled out the remainder of Davis' term. Judge
Harvey Cravens, of Pendleton, a colonel in the Civil War,
who was elected to serve six years, began his judicial career
in October, 1873. The dockets were loaded and he drove the
lawyers like a taskmaster, opening court at daylight and con-
tinuing until late in the evening, indeed sometimes all night.
Eli B. Goodykoontz followed Judge Cravens and served from
1879 to 1885.
The era of natural gas in Hamilton and Madison counties,
comprising the Twenty-fourth judicial circuit, began in 1887,
and the work of the courts as well as business generally grew
rapidly. In 1889, during the tenure of David Moss (1885-91),
the Legislature constituted Madison county the Fifteenth judi-
cial circuit, and continued Hamilton county as the Twenty-
fourth. In October, 1891, Richardson R. Stephenson, having
been elected at the preceding general election, took up the
duties of Judge. A notable case before the court at that time
was the celebrated McDonald will case. Joseph E. McDonald
was a great lawyer, and for more than thirty years before his
death was prominent in state and national politics, having
been a United States senator. He had married a second
time, and, it seems, had made a will. The instrument probated
in Marion county as his last will was contested by his son on
the principal ground that it was a forgery, and was defended
by his widow. Property of large value was involved and the
standing of the parties concerned, the wide reputation of
the deceased senator, and the issues of serious import caused
The County Courts 717
the trial to be fraught with tense dramatic interest. The
jury found the will invalid.
Judge Stephenson served until he resigned on September
15, 1897. The Governor appointed John F. Neal, who had
been elected to the bench the preceding election, to fill the
unexpired term of Stephenson. Judge Neal began his regular
term on October 19, 1897, and was followed by Ira W. Chris-
tian, who filled the bench from 1903 to 1909. Meade Vestal
followed Judge Christian and gave way to the present Judge,
Ernest E. Cloe, on October 19, 1915.
Josiah F. Polk, one of the early prosecuting attorneys of
the Hamilton Circuit court, in conjunction with William Con-
ner, laid out the town of Noblesville. Fabius N. Findi,
Judge of the Circuit court (1842-43), and a resident of John-
son county, later I'emoved to Indianapolis, where he prac-
ticed law for many years. Jacob Robbins, John Hutchins,
Francis Lindsey, Thomas H. Bowles and Joseph Robinson
were early lawyers of whom no personal data are
available. Earl S. Stone, one of the Probate and Common
Pleas Judges, made a splendid record. William Garver, not
only was a Common Pleas Judge, but held other important
offices. David Moss, who was a resourceful and effective
lawyer, concluded his career with a term on the Circuit bench
from 1885 to 1891. W. W. Conner was a man of charming
personality, a favorite with the people, and undoubtedly the
most popular speaker who has ever lived in the county. Gus-
tavus H. Voss was a shrewd lawyer and had a large business.
He became very wealthy and subsequently moved to Indian-
apolis. DeWitt C. Chipman attained some prominence be-
fore he removed to Anderson. Jonathan W. Evans, who was
familiarly known as "Bill" Evans, was a brilliant advocate,
magnetic, admired and successful. James O'Brien, who served
as Circuit Judge for a short time, was later Judge of the
Howard and Tipton circuit, having removed to Kokomo.
Alexander H. Conner began the practice of law in Nobles-
ville, later removed to Indianapolis, and subsequently was
elected state auditor. Thomas J. Kane, who was a virile and
tireless fighter at the Noblesville bar, enjoyed a large prac-
tice. William Neal, who resided at Cicero, was an energetic
718 Courts and Lawyers of Indiana
and industrious business man. He was one of the last Asso-
ciate Judges. Augustus F. Shirts, energetic and successful
attorney and influential citizen, was the author of "Primitive
History of Hamilton County." Richardson R. Stephenson
gained a state-wide reputation as a jurist while serving as
a Circuit Judge of this county. Theodore P. Davis, who was
a capable and rapid worker, enjoyed an extensive practice in
the law, and served as one of the Judges of the Appellate
court from 1893 to 1897. He later became a resident of In-
dianapolis.
ASSOCIATE JUDGES.
WUlinm C. Blackmore-Miiy 2. 1S23.
John Fincli May 2. 1S23.
David Osboni A',igii!?t 20, 1829, to serve seven years from May 2,
1.S30.
Joshua Cottingham \nsust 20, 1S20. to .serve seven years from May 2,
1S30.
William E. Emmons Au;:ust 10, 1830, to serve seven years from May 2,
1837; resigned, May, 1842.
David Osborn '.ugust 10, 1830. to serve seven years from May 2,
1837; resigned. July, 1838.
William D. Rooker August 17, 1838 (special election), vice David
Osboni (resigned), to serve seven years from May
2. 1837; resigned. June, 1841.
Jonathan Colboni .\ugust 16. 1841 (special election), vice William
D. Rooker (resigned), to serve .seven years from
May 2. 1837.
William S. Goe .Xuciist S. 1842 (special election), vice William E.
Emmons (resigned), to serve seven years from
May 2. 1837.
Jonathan Colboru Vugust 14. 1843, to serve seven years from May 2,
1844.
Jesse Wilson vn -ust 10. Is.'iO. to serve seven years from May 2,
1S51.
William Xeal \ugust 19. 18.50. to serve seven years from May 2,
18.51.
PROBATE JUDGES.
John Finch August 20. 1829.
John Finch August 10, 1836; resigned. July, 1840.
.Toshun Cottingham \ngust 11, 1840, resigned.
Lucius H. Emmons .Vin-il 1, 1844. vice Joshua Cottingham, resigned.
Hay mend W. Clark August 10. 1S44. to serve seven years from date.
Hnymond W. Clark August 22. 1851, to serve seven years from date.
The County Courts
COMMON PLEAS JUDGES.
Earl S. Stone 1S52-50.
Nnthaniel R. Lindsey— 1S56-60.
John Green 18G0-G4.
Natlianlel R. Lindse.v-. 1804-5. resigned.
William Garver Appointed February 4. 1SC5-7.S.
DISTRICT PROSECUTING ATTORNEYS.
C. E. Shipley lS52-o4.
William Brown 1854-56.
.J^mes A. Gray 1856-57, removed from state.
Oliver T. Baird Appointed June 10. 1S57; appointment set aside bj
court on account of return of Gray.
James A. Gray 1S57-5S.
Barsabas Giltner 1S5S-60.
Nathan W. Gordon 1860-61.
Joel Stafford 1861-62.
Thomas S. Underbill 1S62-64.
James A. Strech 1S64-66.
Levi Farley 1806. resigned.
August F. Shirts Appointed Xovemlier 17. 1SG6-C7.
Xoah W. Parker 1.S67-6S.
.Toseph L. Cu.ster 1868-72.
Robert B. Beaucbamp— 1872-73.
' PRESIDENT JUDGES.
William W. Wick April 7. 182.3- Janu.ary 20, 1825, resigned. Fifth
circuit.
Bethuel F. Morris Appointed January 20. lS2o-December 4. 1834. re-
signed.
AVilliam W. Wick Appointed December 4. 1834-August 2. 1830. re-
signed.
James Morrison Appointed August 2. lS39-August 15, 1842.
William Quarles August 15. 1.842: returned commission Seiitember
28, 1842.
Stephen Ma.1or Appointed September 28. 1842: declined to accept.
Fabius JI. Finch \pixiinted October 6. l.S42-Jnnunry 2. 1843.
William J. Peaslee J.-nuary 2. 1843-September 17. 1.849, resigned.
William W. Wick Apiiointed September 17. lS49-January 12. 1850.
The act of January 12, 18.50, put Hamilton in the
Eleventh.
Jeremiah Smith January 12, I8.^0-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12, 1852- February 1. 18.59. The act of
February 1. 1859, took Hamilton out of the Fifth
and put it in the Seventh.
720 Courts and Lawyers of Indiana
JosepU S. Buckles Feliriiary 1, IS.jii-Febriiary 11. 1S6T. Tlie act ol
February 11. 1.NG7. put Hamilton iu the Seven-
teenth.
Henry A. Brouse Vpiiointed February IS, ISGT-October 19, 1S6T.
Juhn D.ivis ttttuber 19, ISOT-ilareb 4, 1871.
Jaine* O'Brien Vpiioiutea March 4. ls71-Marcb 6, 1S73. The act
of March 6, 1S73, put Hamilton iu the Twenty-
fourth.
VVinburn R. Pierce Appoiuted March 29, lS73-October 19, 1S73.
Hervey Cravens October 19, lS73-October 19, 1879.
Eli B. Goodykoontz October 19, lS79-October 19, 18S5.
David Moss Octber 19, lS85-October 19, 1891. The act of I'eb-
ruary 14, 1889, made Hamilton the sole county in
the Twenty-fourth, where it has since remained.
Itich. R. Stephenson October 19, 1S91. resigned, September 15, 1897.
John F. Xeal Appointed September 1.5, lS97-October 19, 1903.
Iru W. Christian October 19, 1903-October 19, 1909.
Meade Vestal October 19, 1909-October 19, 1915.
Ernest E. Cloe October 19, 1915; term expires October 19, 1921.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, lS24-August 9, 1825. Fifth circuit.
Calvin Fletcher August 9, lS25-August 14, 1826.
James Whitcomb August 14, 1826- January 14, 1829.
W. W. Wick January 14, 1829-December 15, 1830, resigned.
Phillip Sweetzer December 15. l.S30-March 10, 1831, resigned. .
Hiram Brown Appointed March 10, lS31-Deeember 12, 1831.
Harvey Gregg December 12, 1831-April 11, 1833.
William Herod Appointed April 11. lS33-December 9, 1836, re-
William QuarlesJ Appointed December 9. lS36-April 13, 1839, re-
signed.
William J. Peaslee Appointed April 13, 1839-January 29, 1841.
Huah O'Neal January 29. 1841-January 29, 1843.
AViram A. Hammond January 29, lS43-January 29. 1847.
Edward Lander January 29, lS47-January 29, 1849. The act of
January 12, 1850, put Hamilton in the Eleventh.
William Garver August 20. 1851-October 12, 1852.
Reuben A. Riley October 12. lS52-October 27, 18.54. Fifth circuit.
DeWitt C. Chapman— October 27. lS54-November 2, 1856.
Peter S. Kennedy .November 2, 1856-November 2. 1858.
William P. Fishback— -November 2. ISoS-February 1, 1859. The act of
February 1, 1859, took Hamilton out of the Fifth
and put it in the Seventh.
David Moss October 31, 1859-October 28, 1861.
John A. Harrison October 28. lS61-November 12. 1865.
The County Courts 721
Lemuel G. Gooding November 12, 18G5-February 11. 1S67. The act of
February 11, 1S67, put Hamilton in tbe Seven-
teentb.
Nicholas VanHorn Appointed February IS, lS07-October 25, 1867.
William O'Brien October 25, lSG7-October 24, 1S70.
James T. Elliott October 24, lS70-Marcb 6, 187.3. Tbe act of March
6, 1873, put Hamilton in the Twenty-fourth.
Franklin M. Trissal Appointed March 20, 1873-October 22, 1S73.
Joel Stafford October 22, lS73-October 22, 1875.
Augustus S. McAllister. October 22, 1875; resigned, February 7, 1876.
Francis M. Householder- Appointed February 7, lS76-October 24, 1878.
Thomas B. Orr October 24, 1878-October 25, 1880.
William A. Kettinger._ October 25, lS80-November 17, 1884.
David W. Wood November 17, 18S4-Xovember 17, 1886.
John F. Neal November 17, 1886-November 17, 1SS8.
David W. Patty November 17, 188S-November 17, 1S90. The act of
February 14, 1880, made Hamilton the sole county
in the Twenty-fourth, where it has since remained.
Simon D. Stuart November 17, ISOO-November 17, 1802.
David J. McMath November 17, 1892-November 17, 1894.
L. S. Baldwin November 17, 1894-November 17, 1808.
John E. Garver November 17, ISOS-January 1, 1901.
J. Frank Beals January 1, 1901-January 1, 1003.
Fred E. Hines January 1, 1003-January 1, 1007.
Cassius M. Gentry January 1, 1007- January 1, 1911.
Koscoe E. Foland January 1, 1911-January 1, 1913.
George W. Osborn January 1, 1913-January 1, 1915.
Ananias Guy January 1, 1915; term expires January 1, 1917.
Hancock County.
Hancock county was first created by the legislative act of
January 26, 1827, but it took another act (December 24, 1827)
to get the county started. This latter act provided that the
county should be formally organized on March 1, 1828. The
locating commissioners selected the present town of Greenfield
for the county seat and its central location has proved so sat-
isfactory that no other town in the county has ever been con-
sidered for the county seat. The first Circuit court in Han-
cock county was held in March, 1828, at the log cabin of Sam-
uel B. Jackson, which stood east of Greenfield on the old na-
tional road. Bethuel F. Morris was the President Judge and
722 Courts and Lawyers of Indiana
his two Associates were Jacob Jones and James Stevens.
James Whitcomb, later Governor of Indiana, was the first
prosecuting attorney.
Hancock was placed in the Fifth circuit upon its organiza-
tion in 1828, and remaining in this circuit until the new Con-
stitution was adopted in 1852. Practically all the President
Judges during this period were residents of Indianapolis and
all of them have been noticed in other chapters. Under the
old Constitution there were several lawyers at Greenfield who
attained more than a local reputation, among them being
Thomas D. Walpole, Reuben A. Riley (father of the poet,
James Whiitcomb Riley) and David S. Gooding.
One of the most interesting cases of the early days was a
malpractice charge placed against Walpole, February 25,
1835. Walpole was in the court on this date to answer to the
charge and on the following morning the case was set for
trial. The court docket has the following entry apropos of the
case: "Now comes as well the plaintiff by his attorney as
the defendant in his own proper person who admits the re-
f 'pt of a copy of the charges and specifications aforesaid, and
files his answer thereto, and the parties submit the matter
to the court. Whereupon all and singular, the premises being
seen, and the evidence adduced by the parties being fully
heard and understood, the court do say that the respondent,
the said Thomas D. Walpole, is not guilty as he is charged in
the first and second specifications aforesaid, and that the said
respondent is guilty in manner and form as he stands charged
on said third specification. Wherefore it is considered, order-
ed and adjudged by the court that said respondent, for his
malpractice and misconduct aforesaid, whereof he is convicted
as aforesaid, be forever deprived of his franchise and privi-
lege as such attorney and counselor-at-law as aforesaid, and
that he be no more permitted to practice as such, under, or by
virtue of his license whereof he is now possessed."
Walpole immediately "moved the court to arrest and stay
judgment upon their finding, and the conviction aforesaid,
for the cause that said third specification whereupon said
Walpole is convicted as aforesaid is insufficient in law to war-
rant any judgment thereon." Whatever action may have
The County Courts 723
been taken following this motion by Walpole, the next entry
on the court record is sufficiently explanatory as to what was
done. "And the premises being seen and understood, it seems
to the court that said third specification is sufficient to war-
rant judgment thereon. It is therefore considered that the
said Walpole take nothing by his said motion."
When a motion was made, April 4, 1836, to admit Wal-
pole to practice for the term then in session, it was granted.
A motion was overruled four days later that he be again ad-
mitted to practice. On October 6, 1836, Walpole was ad-
mitted to practice as an attorney only in the presence of the
Associate Judges. He was admitted in the presence of the
full court, on January 19, 1838.
Walpole figured in a large number of lawsuits in which
he was a party, frequently appearing as plaintiff, but more
often as defendant, nor were proceedings against him limited
to civil actions. One of the ludicrous indictments returned
against him was for disturbing a lawful meeting.
Most of the lawyers of Hancock county have always been
active in politics. Thomas D. Walpole, R. A. Riley and David
S. Gooding, among the first to become established in the coun-
ty, were practical politicians. Walpole and Gooding were at
first Whigs, and Riley was a Democrat until the repeal of the
Missouri Compromise in 1854. In the latter fifties Gooding
and Walpole were Democrats and Riley was a Whig. With
the opening of the Civil War, James L. Mason became the
Democratic leader in the county, while Gooding, Riley and
William R. Hough were the leaders in the Union party. Lem-
uel W. Gooding was also active in the Union party during the
war and remained active as a Republican for several years
after the war. He was chairman of the Republican county
central committee in 1867-8. Montgomery Marsh, an active
Democrat all his life, was the chief agitator in stirring up
interest in the gas situation in 1886. Charles G. Off"utt and
Ephraim Marsh entered the political arena a few years after
the war and remained active Democrats for thirty-five years.
The late Stokes Jackson entered the legal profession through
politics. Judge Felt has been a successful politician and has
held public office probably more than half of the time since
724 Courts and Lawyers of Indiana
entering the profession. He has been on the Appellate bench
since 1911. R. A. Black was a prominent Republican and
William A. Hough's name is frequently mentioned in Repub-
lican circles among the eligibles for Congress. Practically
all members of the bar now take an active interest in poli-
tics. They never refuse to serve their respective parties with
their best judgment, nor do they shun the responsibilities of
public office when the importunity of friends becomes irre-
sistible.
The majority of attorneys admitted during the first years
of the county's history were Indianapolis attorneys. Others
whose names appear upon the roll came from Noblesville,
Shelbyville, Richmond and Muncie. "Circuit riders" followed
the Judge from court to court in the judicial circuit. Calvin
Fletcher, Ovid Butler and the Browns were Indianapolis at-
torneys. James B. Ray and Abram A. Hammond, both of
Indianapolis, transacted quite a large amount of legal busi-
ness before the court in its early history. Both of these men
later became Governors of Indiana. The appearance of Chris-
tian Nave and William Quarles is noted in many cases.
■Quarles, especially, attended many terms of court. He was
from Indianapolis.
Thomas D. Walpole was first resident attorney who grew
into prominence. He had a checkered career as an attorney
and politician. Shortly before the Civil War he removed to
Indianapolis. While in Greenfield he lived in the property
now occupied by Dr. Edward Howard, just east of the New
building.
George W. Julian lived in Greenfield for several years. He
came from Wayne county and later returned to that county.
He was rather a prominent attorney and served six terms in
Congress. He was the leader of the Free Soil party not only
in Indiana but in the national councils of the party.
The names of D. M. C. Lane, Reuben A. Riley, James
Rutherford and David S. Gooding were added to the list of
local attorneys during the forties. Lane's name appears in
the record frequently for several years, but he does not seem
to have attained any special distinction at the bar. James
Rutherford was in turn, county school examiner, clerk of
The County Courts 725
the court, and practicing attorney. He is said to have been
a very scholarly man, but he became dissipated and his life
was cut short. Reuben A. Riley was a practitioner for almost
half a century. He and Rutherford were partners for a
short time about 1848. Several of the younger men read law
in his office, and later he and William R. Hough were part-
ners for a time. Riley was not only an able, conscientious
lawyer, but he took a general interest in public affairs. Some
of his poems and speeches that still remain in print show him
to have been gifted along several lines. David S. Gooding
was a successful trial lawyer, but he gave a great deal of at-
tention to politics. He possessed a good presence, was as
able speaker, and for a time had a remarkable influence in
the county.
During the fifties James L. Mason, Montgomery Marsh,
Lemuel W. Gooding, William R. West, David VanLaningham,
William R. Hough and George Y. Atkison were added to the
number of local attorneys. James L. Mason became a prom-
inent Democrat during the war, and built up a lucrative prac-
tice during that time. A number of later attorneys read law
in his office. He came from Union county and taught school in
Greenfield for several terms. Moptgomery Marsh possessed
rather limited attainments as an attorney, but took an active
interest in public affairs, and especially in politics. Lemuel
Gooding served one term as county recorder, and one term as
district attorney. He and his brother, David S., were part-
ners for a time, but David seems to have been in politics so
much that Lemuel hung out a shingle of his own. When the
temperance fights came on in 1859, and following, David
VanLaningham usually represented the liquor interests, and
Reuben A. Riley the remonstrators. William R. Hough came
into prominence during the Civil War. Gooding was in poli-
tics. Riley was at the front, and this left the legal field very
largely to Hough and James L. Mason. The record of these
years attests the fact that Hough was an unusually success-
ful lawyer. In following matters up in the Circuit court or
before the county commissioners, one almost develops the
habit of expecting to see the cause he represented successful.
Judge West served one term as county recorder. The com-
726 Courts and Lawyers of Indiana
missioners' records, as well as the court records, show that
for a time he had a pretty fair practice. George Y. Atkinson
was a farmer and a man of general affairs. He was a man
of unusual influence in the county, but he scarcely ever fought
his legal battles alone.
During the Civil War, David Moss, of Noblesville, had a
large practice in this court. Martin M. Ray, of Shelbyville,
Walter March, of Muncie, and John L. Ketcham, father of
William Ketcham, were also quite frequently in court.
Following the Civil War Adams L. Ogg opened a law
office in Greenfield, but practically all of his time was given
to the prosecution of pension claims of the soldiers. He was
very successful in this field, and procured more pensions for
his comrades, likely, than were procured by any other attorney
at the bar. He also procured some of the largest pensions
that were awarded to the soldiers of this county.
Within a few years after the Civil War August W. Hough,
Charles G. Off'utt, Hamilton J. Dunbar and James A. New
entered the profession. Dunbar and New were both men of
exceptional ability, but both died comparatively young.
Charles G. Offutt became one of the best knovsm attorneys
at the bar. He was tall and portly, had a good presence, a
strong personality, a clear, fine voice, and was gifted with a
rare quality of eloquence. It was said by his opposing coun-
sel that in the trial of a cause he was able to discern quickly
any weakness in his adversary's case, and the strong points
in his own ; that he was able to seize upon these things and
throw them in such a light before juries that it always made
him a formidable opponent. As a young lawyer, Off'utt coun-
seled with Judge Buckles on important matters. For several
years his card in the local papers announced that Judge
Buckles would be associated with him in the trial of all im-
portant causes.
Ephraim Marsh, William Ward Cook, William H. Martin
and R. A. Black entered the practice during the seventies.
Marsh & Cook formed a partnership soon after Marsh's retire-
ment from the clerk's office. Their talents were complemen-
tary. Marsh was an exceedingly close and diligent student
of the law, while Cook was preeminently a trial lawyer. For
The County Courts 727
several years immediately following the gas boom in the coun-
ty, they probably transacted a larger volume of legal business
than has ever been transacted by any firm in the same length
of time in Greenfield. After the death of Marsh, Cook re-
mained as the last of the older trial lawyers. He had fought
many a legal battle, and everybody knew him to be the peer
of any advocate who entered the forum of justice. For sev-
eral years he remained in the practice honored and respected
practically as the dean of the Hancock bar. R. A. Black and
Charles G. Ofi'utt were partners for many years before Off'utt
was elected to the bench in 1894. William H. Martin, who
was Circuit Judge from 1884 to 1894, and Offutt were part-
ners for several years after Offutt's service on the bench.
ThV splendid law library to which the attorneys have ac-
cess at the court house has been collected within the last thir-
ty-five years. On the 8th day of June, 1882, the court, on its
own motion (Judge Forkner on the bench), ordered that
James A. New, Israel P. Poulson and Augustus W. Hough be
added to a committee, that had been previously appointed by
Judge of the court, to sell the extra volumes of the Indiana
Reports and to purchase the New York Reports, and other
volumes.
On the 5th day of January, 1886, this committee reported
the sale of forty-eight volumes of the Indiana Reports. They
also reported the purchase of thirty-three volumes of the
New York Reports. The committee further "shows that the
reason why this matter was not promptly closed up was that
Bowen, Stewart & Company agreed at the time said purchase
was made to furnish the digest for said reports under con-
tract as they were compiled and published, for which said
balance was to be expended. And he said that said digests
were not furnished, hence the funds retained therefor are still
on hands, and that with this unfulfilled promise died the rec-
ollection which the committee had of the details of their pro-
ceedings and doings." This report was made by James A.
New, a member of the committee.
On the 5th day of April, 1887, Ephraim Marsh, Israel P.
Poulson and James A. New, "committee on the Hancock
County Law Library," submitted another report of their work
728 Courts and Lawyers of Indiana
as such committee, which was approved by the court, and
which showed that additional law books had been purchased
from the Bowen-Merrill Company. The purchase of the New
York Reports, as above stated, seems to have been the first
step towards getting a library of general reference. The
National Reporter System was started in 1885. Other publi-
cations were ^dded as they came from the press, including
the Federal Reports, the Lawyer's Reports Annotated, the
Centennial Digest, the Decennial Digest, Encyclopedias, etc.
ASSOCIATE JUDGES.
Jacob Jones March 21, 182S. to serve seven years from date.
James B. Stevens March 21, 1S28, to serve seven years from date;
resigned, November, 1S31.
John Ogg December 22, 1831 (special election), vice James
B. Stevens (resigned), to serve seven years from
March 21, 1828.
Eobert McCorkhill August 15, 1834, to serve seven years from March
21, 1835; resigned, July, 1837.
Othniel II. Sween August 15, 1834, to serve seven years from March
21, 1S35; resigned, March, 1835.
Nathan Crawford August 14, 1835 (siiecial election), vice Othniel
H. Sweem (resigned), to serve seven years from
March 21, 1S35.
George Henry August 7, 1837 (special election), vice Robert Mc-
Corkhill (resigned), to serve seven years from
March 21, 1S35,
George Tague August 14, 1841, to serve seven years from March
21, 1842; resigned, June, 1844.
Owen Jarrett August 14, 1841, to serve seven years from May
21, 1842.
Hector H. Hall August 16, 1844 (special election), vice George
Tague (resigned), to serve seven years from
March 21, 1842.
Andrew F. Hatfield September 2, 1848, to serve seven years from
March 21, 1849.
Phiuneus H. Fry September 2, 1848, to serve seven years from
March 21, 1849.
PROBATE JUDGES.
Jeremiah Meek August 14, 1829, to serve seven years from date.
John Ogg August 30. 1S36. to serve seven years from date.
John Ogg August 17, 1843, to serve seven years from date.
Samuel Hottle September 24. 1850, to serve seven years from date.
The County Courts 729
COMMON PLEAS JUDGES.
D.ivid S. Gooding 1852-56.
RicliiU-d Lake 1S56-60.
William Grose 1S60-C1, resigned.
Elijali B. Martindale— Appointed August 31, lS61-October IS, 1S61.
David S. Gooding 1S61 ; resigned, September 10, 1S6-1.
William R. West Appointed September 12, 1861-72.
Robert L. Polli 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
James W. Sansbury— 1852-5G, resigned.
Montgomery Marsh —1856-58.
F. S. C. Cooper- 1858-60.
William R. Hough William R. Hough, 1860-62.
Daniel W. Comstoeli— Daniel W. Comstoek, 1862-64.
James D. Jlartiiidale— 1864-66.
Calvin D. Thompson Calvin D. Thompson, 1866-67, resigned.
Reuben A. Riley Appointed April 27, 1867.
William F. Walker 1867-60, resigned.
Joseph W. Worl Appointed December 8. 1869-72.
Washington Saunders -1872-73.
PRESIDENT JUDGES.
Bethuel F. Morris March 1, 182S-Deeember 4. 1834, resigned. Fifth
circuit.
William W. Wick Appointed December 4, 1834-August 2, 1830, re-
signed.
James Morrison Appointed August 2, 1839; resigned, August 15,
1842.
William Quarles August 15, 1842; returned commission September
28, 1842.
Stephen Major Appointed September 28, 1842; declined to accept.
Fabius M. Finch Appointed October 6, 1842-December 16, 1842.
William J. Peaslee December 16, 1842-September 17, 1849, resigned.
William W. Wick Appointed September 17, 1849-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12, 1852-January 12, 1854. Fifth circuit.
Stephen Major January 12, 1854-Februarj' 1, 1859. The act of
February 1, 1859, put Hancock in the Seventh.
Joseph S. Buckles February 1, 1859-October 24, 1870. Judge Buckles
had been on the bench of the Seventh since Octo-
ber 26, 1858.
Joshua H. Mellett October 24, 1870-October 24, 1876. The act of
March 6, 1873, put Hancock In the Eighteenth, and
transferred Mellett from the Seventh to the
Eighteenth.
Robert L. Polk October 24, 1876-May 11, 1881.
730 Courts and Lawyers of Indiana
Mark E. Forkner Appointed May 11, ISSl-November 15, ISSS.
"William H. Martin November 15, ISSS-November 15, 1894. The act of
February 22, 1889, made Hancock tbe sole county
in tbe Eighteentb, wbere it bas since remained.
Charles G. Offutt November 15, 1894-November 15, 1900.
Edward W. Felt November 15, 1900-November 15, 1906.
Kobert L. Alason November 15, 190(f-November 15, 1912.
Earl Sample November 15, 1912; term expires November 15,
1918.
PROSECUTING ATTORNEYS.
James Whitcomb March 1, lS28-January 14, 1829. Fifth circuit.
W. W. Wick January 14, 1829-December 15, 1830, resigned.
Phillip Sweetzer Appointed December 15, 1830-March 10, 1831, re-
signed.
Hiram Brown Appointed March 10, 1831-December 12, 1831.
Harvey Gregg December 12, 1831-April 11, 1833.
William Herod-__. Appointed April 11, 1833-December 9, 1836.
William Quarles December 9, 1836-April 18, 1839, resigned.
William J. Peaslee Appointed April 13, lS39-January 29, -1841, re-
signed.
Hugh O'Neal January 29, lS41-January 29, 1843.
Abram A. Hammond January 29, 1843-January 29, 1847.
Edward Lander January 29, • 1847-January 29, 1849.
David S. Gooding August 27, lS51-Oetober 12, 1852.
Iteuben A. Riley )ctober 12, 1852-October 27, 1854. Fifth circuit.
DeWitt C. Chapman October 27. 1854-November 2, 1856.
Peter S. Kennedy November 2, lS56-November 2, 1858.
William P. Fishback.. November 2, 1858-FebruaFy 1, 1859. The act of
February 1, 1859, put Hancock In the Seventh.
David Moss October 31, 1859-November 12, 1861.
John A. Harrison November 12, lS61-November 12, 1865.
Lemuel G. Gooding November 12, 1865-November 12, 1867.
David W. Chambers— November 12, 1867-October 21, 1872.
John W. Ryan October 21, 1872-March 6, 1873. The act of March
6, 1873, put Hancock in the Eighteenth.
Exum Saint Appointed March 7, 1873-October 22, 1873.
Charles M. Butler October 22, 1873-October 22, 1875.
William F. Walker October 22, 1875-October 22. 1877.
Joseph M. Brown October 22, 1877-October 22, 1879.
Charles M. Butler October 22, 1879-October 22, 1881.
Leonidas P. Newby October 22, ISSl-October 22, 1883.
George W. Duncan October 22, lSS3-October 22, 1887.
William O. Baniard.-_ October 22. 1887-February 27, 1889.
Lafayette H. Reynolds- Appointed February 27, lS89-November 17, 1890.
The act of February 22, 1889, made Hancock the
sole county in the Eighteenth, where it has since
remained.
The County Courts 731
Eawanl W. Felt November IT, 18'.»0- November 15, 1S&4.
Jobii L. McXew November 15. 1894; died August 12, 1895.
Cbarles Downing Appointed August 21, 1895-November 17. 1896.
John F. Wiggins November 17, 1896-January 1, 1901.
Albert C. Van Duyn__. January 1, 1901-January 1, 1905.
Charles L. Tindall January 1. iiK).-|-January 1. 1909.
Edward F. Quigley January 1. T.)(i9-January 1, 1913.
Hiram L. Thomas Jann;iry 1. ^'M:i■, died in oiHce April 27, 1915.
Robert F. Reeves Appointed May t. 1915, to till the imexpired term
of Thomas.
Harrison County.
Harrison, the fourth county organized in the state, was
created with the territorial act of October 11, 1808, the same
becoming effective on the 1st of the following December. At
that time only three counties had been organized in the state,
Knox, Clark and Dearborn, organized in 1790, 1801 and 1803,
respectively. The first county seat was located at Corydon
upon land which had originally been entered by Governor
William Henry Harrison. The first court house in the county,
a solid stone structure, was built in 1811-12 at a cost of fifteen
hundred dollars. This building, remodeled in 1873, still serves
as the court house and is the oldest court house in Indiana in
actual use at the present time. The legislative act of March
11, 1813, made Corydon the capital of the territory and when
the state was admitted to the union in 1816 it was provided
that the capital of the state should remain at Corydon until
1824. The court house was used as a state house during the
this period of eleven years, the House of Representatives us-
ing the lower floor for a chamber and the Senate occupying
the upper rooms.
Upon the organization of the county in 1809, Governor
Harrison appointed Patrick Shields President Judge of the
Common Pleas court, with Moses Boone and John G. Pfrimmer
as Associate Judges. The first session of this court met at
Corydon on May 10, 1809, for the transaction of such busi-
ness that might be brought before them. While Indiana was
still a territory, the following Judges served on the Common
Pleas bench in Harrison county: Patrick Shields, John G.
Pfrimmer, Moses Boone, Peter Mcintosh, Jesse L. Holman
732 Courts and Lawyers of Indiana
and Daniel C. Lane. It is probable that Patrick Shields and
Jesse L. Holman were the only two Presiding Judges, with
the others mentioned serving as Associates. Jesse L. Hol-
man ascended the Common Pleas bench in 1814 and offi-
ciated until November, 1817, when the first judicial officers
under the new Constitution took their seats.
TERRITORIAL JUDICIARY.
November 3, 1808 Justices of the peace: Dennis Pennington, John
Smitli and John Boone.
December 28, 1808 Judges of the Court of Common Pleas: Patrick
Shields, first Judge; John George Pfrimmer, sec-
ond Judge; Moses Boone, third Judge.
January 13, 1809 Justice of the peace: John Oatman.
January 16, 1809 Justice of the peace: Moses Hoggatt.
January 17, 1809 Justice of the peace: William D. Little.
July 22, 1809 Justice of the peace: William Erwin.
October 21, 1S09 Justice of the peace: James Young.
December 30, 1809 Justice of the peace: James Black.
April. 5, 1810 Justice of the peace: Thomas Davis.
June 12, 1810 Justice of the peace: Pierce Chamberlain.
January 31, 1811 Prosecuting attorney: Thomas Randolph.
March 11, 1811 Justices of the peace: Zachariah Lindley and
John Dougherty.
March 26, 1811 Justices of the peace: Robert Capland and
McGee.
April 26, 1811 Justices of the peace: • and
William Branham.
May 21, 1811 Justices of the peace: Martin West and Jesse
Spurgin (Spurgeon).
June 20, ISll Justice of the peace: John Tipton.
August 9, 1811 Prosecuting attorney: George F. Pope, vice
Thomas Randolph, resigned.
November 19, 1811 Justice of the peace: John Wright.
December 16, 1811 Justices of the peace: Caleb Newman and Samuel
Lewis.
January 28. 1812 Prosecuting attorney: George F. Pope, vice
Thomas Randolph, killed at the battle of Tippe-
canoe, November 7, ISll.
April IG. 1812 Justice of the peace : John M. Adams.
April 16. 1812 Judge of the Court of Common Pleas: Peter Mc-
intosh.
April 27, 1812 Justice of the peace: Robert Ellison.
June 17, 1812 Justices of the peace: Nathaniel Veach and Sam-
uel .
The County Courts 733
February 17, 1813 Prosecuting attorney: John F. Ross, vice George
F. Pope, resigned.
February 27, 1S13 Justice of tbe peace: John Morgan.
January 7, 1814 Justice of the peace: Nathan Taylor.
Januai-y 7, 1814 Judges of the Circuit court: Patrick Harrison,
first Judge; Moses Boone, second Judge; Peter
Mcintosh, third Judge.
January 15, 1814 Justices of the peace: Dennis Pennington and
David Craig.
January 25, 1814 Justice of the peace: Joseph Cultou.
May 14. 1814 Justice of the peace: Thomas McKle.
August IG, 1814 Justices of the peace: James Rawlins, Martin H.
Tucker and Elijah Hurst.
September 10, 1814 Associate Judges of the Circuit court: Daniel
Lane, first associate; Patrick Shields, second asso-
ciate.
January 21, 1815 Justice of the peace: William Watson.
February 2, 1815 Justice of the peace : Henry Green.
June 17, 1815 Justice of the peace: Henry Barker.
September 23, 1815 Justice of the peace: Thompson Kindle.
January 26, 1816 Justice of the peace: Absalom Hart.
March 25, 1816 Justice of the peace: Joseph Blackburn.
April 13, 1816 Justice of the peace: George Crutchfield.
May 25, 1816 Justice of the peace: Richard French.
September 7, 1816 Ju.stices of the peace : John Boon and James
Riley.
ASSOCIATE JUDGES.
Patrick Shields February 24, 1817.
Peter Mcintosh February 24, 1817; resigned, September, 1822.
Fielding N. Bradford.. March 7, 1818; resigned, 1821.
James Kirkpatrick August 10, 1821, vice Fielding N. Bradford, re-
signed.
Abijah Bayless November 28. 1822.
John Harrison January 22, 1824.
Moses Boone January 22, 1824.
Moses Boone September 8, 1830, to serve seven years from Feb-
ruary 24, 1S31 ; resigned, June. 1834.
Craven Lynn September S, 1830, to serve seven years from Feb-
ruary 24, 1831.
Fielding Cromwell August 10, 1834 (special election), vice Moses
Boone (resigned), to serve seven years from Feb-
ruary 24, 1831.
John Hogan August 22, 18.37, to serve seven years from Feb-
ruary 24, 1838.
Fielding Cromwell August 22. 1837, to serve seven years from Feb-
ruary 24, 1838.
734 Courts and Lawyers of Indiana
John Hogan August 20, 1S44, to serve seven years from Feb-
ruary 24, 1S45.
Fiekling Cromwell August 20, 1844, to serve seven years from Feb-
ruary 24, 1845.
Fielding Cromwell August 22, 1851, to serve seven years from Feb-
ruary 24, 1852.
Lyman S. Chittenden August 22, 1851, to serve seven years from Feb-
ruary 24, 1852.
PROBATE JUDGES.
William A. Forter \iigust 15, 1829; resigned. December 7, 18,33.
Lyman Lessler December 7, 1833. appointed Probate Judge pro
tern.
Ignatius Abel August 16, 1834, to serve seven years from date.
George Bentley October 23, 1834, appointed in place of Ignatius
Abel, who refused to qualify and to serve uutil
first Monday in August, 1835.
George Bentley August 11, 1835. to serve seven years from date.
Charles D. Murray August 12, 1842, to serve seven years from date.
Lemuel S. Leonard March 15, 1843, appointed vice Charles D. Murray,
removed from state.
Lemuel S. Leonard August IG. 1843, to serve seven years from date;
resigned, July 16, 1847.
Thomas C. Slaughter July 16. 1847, vice Lemuel S. Leonard (resigned
same date).
Craven Lynn August 26, 1848. to serve seven years from date;
died prior to August 5. 1850.
COMMON PLEAS JUDGES.
William Morrow 1S52-56.
Frederick W. Ma this— 1856-60.
Amos Lovering I860; resigned. March 24. 1864.
William W. Gilleland— Appointed April 28. lS64-Xovember 4. 1864.
Nathan P. Willard 1N(14-(;s.
Patrick H. Jewett 1n(;s-7l>.
Charles P. Ferguson — 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
David W. Lafollette 1S52-.54.
Zachariah L. Garriot__ 1854-56.
Joel Vaudeveer 1856-57, resigned.
Zachariah L. Garriot— Appointed November 9, 1857-58.
Hamilton A. McRae lS.-|S-.50.
Ben.iamin L. Smith ls,-,9-(10.
John Batt 1860-02.
James A. Ghoniitz 1862-66.
Isaac N. Caress 1866-67.
Thomas J. Jackson Appointed March 18, 1867.
The County Courts 735
Robert J. Shaw 1868-70.
John McCarty 1870-72.
Charles L. Jewett 1S72-73.
PRESIDENT JUDGES.
David Raymoncl December 21, ISlC-October 13, 1S17, resigned. Sec-
ond circuit.
Davis Floyd Appointed October 13. lS17-Deeember IS, 1S23.
John F. Ross December 18, 1823; died in office in 1834.
John H. Thompson Apiwinted July 5, 1834-December 30, 1844.
William T. Otto December 30, lS44-October 12, 1852.
CIRCUIT JUDGES.
George A. Bicknell October 12. 18.52-lIarch 6, 1873. The act of March
6, 1873, took Harrison out of the .Second and put
it in the Third, over which Frank Emerson was
then presiding.
Frank Emerson March 6, 1873-October 22, 1873.
Thomas C. Slaughter— October 22, 1873; died in office January 28, 1879.
The act of JIarch 3, 1877, united Harrison and
Crawford in the Third circuit.
George W. Denbo October 22, 1879-October 22, 1885.
Samuel Ramsey Appointed January 28, 1879-October 22, 1879.
William T. Zenor October 25, 1885; resigned, January 5, 1897, to go
to Congress.
Robert S. Kirkham Appointed January 8. 1897-October 22, 1897.
Christ W. Cook October 22, 1897-October 22, 1909. The act of
March 3, 1903, constituted Harrison, Crawford and
Perry the Third, where they have since remained.
William Ridley October 22, 1909; term expires October 22, 1921.
PROSECUTING ATTORNEYS.
John Kingsbui-y August 9, 1824-August 14, 1826. Second circuit.
Miltou Stapp Auugst -14. lS26-December 30, 1826'.
John Kingsbury December 30, lS26-December 30, 1828.
John H. Thompson December 30, lS2S-December 30, 1832.
Isaac Howk December .30, 1832-June 5. 1833, died.
Charles Dewey Appointed June 5, lS33-Juue 4, 1S3C; transferred
to Supreme court.
John W. Payne .Appointed June 4, 1830-December 12, 1840.
Theodore I. Baruett— December 12, 1840-July 13, 1842, re.slgned.
William A. Porter Appointed July 13, lS42-December 14. 1844.
Cyrus L. Dunham December 14. 1844-December 14, 1846.
George A. Eicknell August 15, 18.51-October 12, 1852.
Samuel W. Short October 12, 1852-March 8, 1854, resigned. Second
circuit.
Patrick H. Jewett Appointed JIarch 8. lS.54-November 19. 1856.
Thomas M. Browne November 19. 1856-November 7, 1858.
736 Courts and Lawyers of Indiana
Robert M. Weir Xovember 7, lS5S-November 7, 1860.
Ambrose B. Carlton November 7, lS60-November 7, 1862.
Thomas M. Browne Xovember 7, lS62-November 7, 1866.
Robert M. Weir November 7. lS66-November 24, 1870.
Robert J. Shavr November 24, lS70-iSIarcli 6, 1873. The act of
Jlarch 6. 1873, took Harrison out of the Second
and put it in the Tbird.
Alfred B. Collins Appointed March 15, lS73-October 22, 1873.
Samuel B. Voyles October 22, lS73-March 10, 1877.
Fred L. Prow Commission dated October 24, 1876, to serve two
years from October 22, 1877. However, before his
term began the act of March 3. 1877, placed Har-
rison and Crawford in the Third circuit, and Trow,
who lived In Washington county, became prosecu-
tor of the Washington-Jackson circuit. The Gov-
ernor appointed William T. Zenor prosecutor of the
Harrison-Crawford circuit.
William T. Zenor Appointed March 10. lS77-November 17, 1882.
Major W. Funk November 17, 18S2-November 17, 1886.
George K. Gwartney___ November 17. 1886-November 17, 1888.
Jerry L. Suddarth November 17, 18S8-November 17, 1890.
Christ Cook November 17. 1890- November 17, 1894.
A. W. Funkhouser November 17, lSD4-November 17, 1896.
Charles L. Fleishman.. November 17, 1896-January 1, 1901.
John H. Luckett January 1, 1901-January 1, 1905. The act of
March 3, 1903, constituted Harrison, Crawford and
Perry the Third, where they have since remained.
John W. Ewiug January 1, 1905-January 1, 1909.
Clyde R. Lottiek January 1, 19fl9-January 1, 1913.
Charles T. Brown January 1, 1913 ; term expires January 1, 1917.
Hendricks County.
Hendricks county was organized out of what was then a
part of Wabash county, by an act of the Legislature, ap-
proved December 20, 1823, which became effective on April
1, 1824. The county was named in honor of William Hen-
dricks, then Governor of the state. According to the provi-
sions of this act, the locating commissioners began to investi-
gate several claims for the location of the county seat. Many
localities were at work striving for the honor, among them
the community near George Mattock's tavern, two miles east
of Belleville, where a town had been laid out named Hills-
boro. This site was rejected in favor of a location as near
The County Courts 737
as possible to the geographical center of the county, and on
the second Monday in July, 1824, the site of Danville was
chosen. Four men, Daniel Beals, George Matlock, Robert
Wilson and James Downard, being the owners of land in four
sections having a common corner, each donated twenty acres
touching the common corner for the benefit of the county
seat, all of which was laid out into town lots. Thomas Hinton
was appointed agent of the county, and on October 20, 1824,
he placed on file a plat of the town of Danville. The lots were
immediately put up at a public sale, and this continued for
three days. An order was made by the commissioners for
fifteen gallons of whiskey to assist the purchasers to make
their selection. Samuel Herriman, the coroner, was the dis-
tributor on this occasion. The price paid for the lots ranged
from three to one hundred and fifteen dollars. The latter
price was given by Mr. Hulse for the lot on the northeast
corner of Main and Washington streets. The lot on the south-
west corner brought the next highest price.
The first term of Circuit court in Hendricks county was
held at the house of William Ballard, October 25, 1824, with
William W. Wick as President Judge and Nathan Kirk and
James Downard as Associate Judges. Hervey Gregg was the
first prosecuting attorney. The court house was completed
and first term of court held in Danville in April, 1826. The
building was constructed of peeled hickory logs at a cost of
one hundred and forty-seven dollars.
James M. Gregg, one of the first attorneys in Hendricks
county, was born in 1806 in Virginia and came to Hendricks
county in 1830. He was employed for a time as a deputy in
the county clerk's oflSce and later served as county surveyor
and as county clerk. Gregg represented the Sixth Indiana
district in Congress from 1857 to 1859 and was in the lower
House of the General Assembly during the session of 1863.
Simon T. Hadley, another of the earliest attorneys of Hen-
dricks county, was born in 1801 in North Carolina. In 1826
he located at Danville. He served as clerk and recorder of
the county for seven years and as recorder alone for twenty-
two years. For many years he was president of the First
National Bank of Danville.
(47)
738 Courts and Lawyers of Indiana
Christian C. Nave, who was a native of Tennessee, born in
1803, settled in Danville in 1831, after having made the
journey north on horseback, arriving in the county seat with
a few articles of wearing apparel in his saddle-bag, a copy of
Blackstone's "Commentaries," a pistol and five dollars in
money. During the Mexican War, he was colonel of the
Third Indiana Regiment. He died at Danville in 1884.
Leander M. Campbell, a Kentuckian by birth, who was ad-
mitted to the Hendricks county bar in 1854, became one of
the ablest attorneys in this section of the state. Peter S.
Kennedy, another Kentuckian and a contemporary of Lean-
der M. Campbell, practiced law at Danville for many years.
In 1865 he moved to Crawfordsville, where he spent the re-
mainder of his life.
Jesse S. Ogden, a native of Virginia, who arrived in Dan-
ville in November, 1858, attended the old Danville Academy
and at the breaking out of the Civil War enlisted in the
Seventh Indiana Infantry. Having been wounded in action,
he returned to Danville, was elected recorder in the county
and spent his idle hours in reading law. He was admitted to
practice in 1866 and in 1870 was elected prosecuting attorney.
From 1869 until his death on February 20, 1897, Mr. Ogden
was in partnership in the practice of law with Judge John V.
Hadley.
Among the well-known men of Indiana and other states,
who received their early training at the Danville bar, there
may be mentioned, Solomon Blair, William Irvin, Joshua G.
Adams, Newton M. Taylor and Richard B. Blake. Blair,
Irvin, Adams ssrd Taylor afterward were Judges of the va-
rious courts in Marion county. Richard B. Blake served on
the Superior bench in the city of Spokane, Washington, for a
number of years. Enoch G. Hogate, the present dean of the
law school of Indiana University, is a native of this county
and a former member of the Hendricks county bar.
ASSOCIATE JUDGES.
Natlian Kirk July 26, 1824; removed from comity. July. 1S27.
James Dowuard July 26, 1824.
Samuel Jessup August 16. 1827 (special election), vice Xathan
Kirk, removed ; resigned.
The County Courts
739
Samuel Jessup
Elijah Anderson
Thomas Lockhart _
Gideon Wilson
Gideon Wilson
James McCoun
William Xaylor ___
James McCoun
James Greene
Ennis Dodd
William Tomlinson
Jonathan Cope
Peter Curtis __
William H. Henton_
Samuel Jessup
Samuel Jessup
Henry H. Marvin —
James McClure
Abrani Bland
Abram Bland
John Cowgill _.
John Coburn --_
Charles A. Ray.
Solomon Blair
Livinirston Rowland
William Irwin
_ September S, 1S30, to serve seven years from July
26, 1831.
.September S, 1830, to serve seven years from July
26, 1831.
-February 16, 1S32 (special election), vice Samuel
Jessup, resigned ; resigned July 12, 1834.
-August 16, 1834 (special election), vice Thomas
Lockhart, resigned, to serve seven years from
July 26, 1831.
-August 16, 1837, to serve seven years from July
26, 1838; resigned, August, 1842.
-August IC, 1837, to serve seven years from July
26, 1838.
-September 29, 1S42 (special election), vice Gideon
Wilson, resigned, to serve seven years from July
26, 1838; removed from county, 1838.
-August 21, 1844, to serve seven years from July
26, 1845 ; resigned, April 1, 1851.
-August 21, 1844. to serve seven years from July
26. 1845 ; resigned, September 26. 1850.
-August 21, 1844, to serve from July 26, 1838, vice
William Naylor, removed from county.
-December 11, 1850, to serve seven years from July
26, 1845, vice James Greene, resigned.
-August 25. 1851, to serve until July 26, 1852.
-August 25, 1851, to serve until July 26, 18.52.
PROBATE JUDGES.
-August 14, 1829.
-December 24, 1831, appointed in place of William
H. Henton, removed.
-August 13, 1832, resigned, June. 1835.
-September 24, 1835 (special election).
-August 9, 1839.
-August 16. 1843.
. August 20, 1850.
COMMON PLEAS JUDGES.
-1852-60.
-1860-61, resigned.
-Appointed September 30. 1801 ; resigned Decem-
ber 7, 1864.
-Appointed December 13, 1864-71. resigned.
-Apiiointed February 25, lS71-October 24, 1872.
-1872-73. i
740 Courts and Lawyers of Indiana
DISTRICT PROSECUTING ATTORNEYS.
Addison Dagy 1852-54.
Leander M. Campbell_-lS54-56.
James A. Crawley 1856-58.
R. H. Litson 1858-60.
John C. Buffkiu 1860-64.
William W. Woollen 1864-68.
William Irwin 1868-70.
David V. Bums 1870-72.
Robert E. Smith 1872-73.
PRESIDENT JUDGES.
William W. Wick Aiiril 1. lS24-January 20. 1825, resigned. Fifth
circuit.
Bethuel F. Morris Apiioiuted January 20, lS25-August 2, 18.39. re-
signed.
James Morrison Ajipointed August 2. 1839-August 15. 1842.
William Quarles August 15, 1842; returned commission September
28, 1842.
Ste])ben M.i.lor Appointed September 28, 1842; declined to accept.
Fabins M. Finch Ajipointed October 6. lS42-December 16, 1842, re-
signed.
William J. Peaslee Appointed December 16. lS42-September 17, 1849,
resigned.
William W. Wick Appointed September 17, 1849-October 12, 18.52.
CIRCUIT JUDGES.
William W. Wick October 12, lS52-JanuaiT 12, 18.54. Fifth circuit.
Stejihen Major January 12, 1S54 ; resigned, September 5, 18.59.
William W. Wick Appointed September 5, lS59-October 24, 1859.
Fabius M. Finch October 24, lS59-October 27, 1865.
John Coburn October 27, lS65-September 24. 1866.
John T. D.ve September 24, lS66-November 3, 1866.
Cyrus C. Hines November 3, lS66-November 5, 1870.
John S. Tarkington November 5, 1870-October 21, 1872.
Livingston Howland ...October 21, lS72-December 28, 1876. The act of
March 6, 1873, put Hendricks in the Nineteenth
and transferred Howland from the Fifth to the
Nineteenth.
Jacob B. Julian December 28. lS76-October 14. 1S7S.
Joshua G. Adams October 14, 1878-October 14, 1884.
Alexander C Ayers October 14, 1884: resigned January 11, ISSS.
Thomas L. Sullivan Appointed Januai-y 11, ISSS-November 15, 1S8S.
John y. Iladlcy November 15, 188S-resigned December 30, 1S9S.
The act of February 28, 1889, made Hendricks the
sole county in the newly created Fifty-fifth, where
The County Courts 741
It Las since reraaiued, ami transferred Iladley to
the new circuit.
Thomas J. Cofer Appointed December 30, lS9S-November 15, 1006.
James L. Clark November 15. lOOG-Xovember 16, 1912.
George W. Brill November 16, 1012; term expires November 16,
191S.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, lS24-August 9, 1825. Fifth circuit.
Calviu Fletcher August 9, lS25-August 14. 1826.
James Whitcomb August 14, lS26-Januar,v 14, 1829.
W. W. Wiclv January 14. INL'li-Iicccuilier 15, 1830, resigned.
Phillip Sweetzer December 15. ls,;(i-M:inii lo, 1831, resigned.
Hiram Brown Appointed Jl.iivli l(i. is; a -December 12, 1831.
Harvey Gregg December 12, lS31-Aprll 11, 1833.
William Herod Appointed April 11, 1833-December 9, 1836.
William Quarles December 9, lS36-April 13, 1839, resigned.
William J. Peaslee Appointed April 13, lS39-January 29, 1841. re-
signed.
Hugh O'Neal January 29, lS41-January 29, 1843.
Abram A. Hammond.— Januaiy 29, lS43-January 29, 1847.
Edward Lander January 29, 1847-January 29, 1849.
David S. Gooding August 27, 1851-October 12, 1852.
Reuben A. Riley October 12, lS52-October 27, 1854.
Dewitt 0. Chapman October 27, 1854-November 2, 1856.
Peter S. Kennedy November 2, lS56-November 2, 1858.
William P. Fishback— November 3 lS5S-October 5, 1862, resigned.
William W. Leathers.— October 5, 1862-December 27, 1865.
Joseph S. Miller December 27, lS65-April 12, 1867.
John V. Hadley Appointed April 12, lS67-November 3, 1868.
Daniel W. Howe November 3, 186S-August 26, 1869, resignetl,
Jesse S. Ogden Appointed August 26, lS69-October 21, 1872.
Thomas L Cofer October 21, lS72-October 26, 1874. The act of
March 6, 1873, put Hendricks in the Nineteenth,
and transferred Cofer from the Fifth to the Nine-
teenth.
John Denton October 20, lS74-October 20, 1876.
Joshua G. Adams October 20, lS76-October 26, 1878.
Richard B. Blake October 26, lS78-October 26, 1880.
Newton M. Taylor October 20, 1880- November 17, 1882.
William T. Brown November 17, 1882- November 17, 1884.
William N. Harding November 17, lSS4-November 17, 1886.
James L. Mitchell November 17, 18S0-February 28, 1889. The act of
February 28, 1889, made Hendricks the sole county
in the newly created Fifty-iiftli, where it has since
remained.
Thaddeus S. Ad.-ims November 17, 18tlO-Noveniber 17, 1892.
742 Courts and Lawyers of Indiana
Daniel F. Hill November 17, 1892-November 17, 1894.
Otis E. Gulley November 17, 1894-November 17, 1898.
John McCormick November 17, 1898-January 1, 1901.
Everett Cooper January 1, 1901- January 1, 1903.
Charles V. Sears January 1, 1903-January 1, 1907.
Edgar M. Blessing January 1, 1907-January 1, 1911.
Charles V. Sears January 1, 1911-January 1, 1913.
James P. Snodgrass January 1, 1913-October 1, 191.5, resigned.
Levi A. Barnett Appointed October 1, 1915; term expires January
1, 1917.
Henry County.
Henry county was created by the legislative act of Decem-
ber 21, 1821, and the county began its formal career on June
1, 1822. The locating commissioners selected the site of New
Castle, a town in the center of the county, for the first county
seat and this choice has proved very satisfactory, no other
town in the county having ever been considered for the honor.
The first term of the Circuit court of Henry county con-
vened September 13, 1822, at the house of Joseph Hobson and
adjourned at once to the house of Charles Jamison, where the
court continued its deliberations. At this first session Thomas
K. Stanford and Elisha Long, the Associate Judges, were in
charge of the court. The President Judge, William W. Wick,
did not put in appearance until the second session.
Henry county was organized in 1822 and was attached to
the Fifth Circuit, over which W. W. Wick was then presiding.
Judge Wick resigned in 1825 and the Legislature selected B. F.
Morris to succeed him. Judge Morris was on the bench
of this circuit until the act of January 23, 1830, placed Henry
county in the Sixth circuit. On the same date the Legislature
elected Charles H. Test as the first Judge of the new circuit
and he served until he resigned, December 11, 1835. The
Legislature next chose Samuel Bigger, who presided over the
Sixth circuit until the spring of 1840, when he resigned
to make the race for Governor. Upon his resignation.
Governor Wallace appointed James Perry to serve out
his unexpired term. Judge Perry was succeeded in January,
1844, by Jehu T. Elliott, who was on the bench until February
15, 1851. On the same date Governor Wright appointed Oliver
■P:
^^h
^^^y, ^-.-., e^c.
71 '. ': IS AND LAWYERS OF INDIANA
November 17, 1892-NoTember 17, ISf+i.
November 17. 1804-November 17. 1898.
jick NoTfinber 17. 1898-,7anuary 1, 1901.
■er January 1, 1901-January 1. l'.K)3.
. .Sears-- January 1, IJiOS-January 1. 1907.
r<'ir«r M. Blessing January,!, 1907-January 1, 1911.
4 !i;irles V. Sears .January 1. Wll-January 1, 1913.
James P. Snodgras.s January 1, 1913-October 1, 1915, resigned.
Levi A. Barnett Appointed October 1, 1915; term expires January
1. 1917.
riENKY COl'KTY.
Henry coujiTy was created by liie legislative act of Decem-
ber 21, 1821, and the county began its formal career on June
1, 1822. The locating commissioners selected the site of New
Castle, a town in the center of the county, for the first county
seat and this choice has proved very satisfactory, no other
town in the county having ever t>een considered for the honor.
The first term of the Circuit court of Henry county con-
vened September 13, 1822, at the house of Joseph Hobson and
adjourned at once to the house of Charles Jamison, where the
court continued its deliberations. At this first session Thomas
R. Stanford and Elisha Long, the Associate Judges, were in
charge of the court. The President Judge, William W. Wick,
did not put in appearance until the second session.
Henry county was organized in 1822 and was attached to
the Fifth Circuit, over which W. W. Wick was then presiding.
Judge Wick resigned in 1825 and the Legislature selected B. F.
Morris to succeed him. Judge Morris was on the bench
of this circuit until the act of Januarj'^ 23, 1830, placed Henry
county in the Sixth circuit. On the same date the Legislature
elected Charles H. Test as the first Judge of the new circuit
and he served until he resigned, December 11, 1835. The
Legislature next chose Samuel Bigger, who presided over the
Sixth circuit until the spring of 1840, when he resigned
to make the race for Governor. Upon his resignation.
Governor Wallace appointed James Perry to serve out
his unexpired term. Judge Perry was succeeded in January,
1844, by Jehu T. Elliott, who was on the bench until February
15, 1851. 0;i the same date Governor Wright appointed Oliver
-sr^
i/^V^
f/^t^ji^j, ^x-^^. ^?-^
The County Courts 743
P. Morton as Judge of the circuit; he presided over the cir-
cuit until the new Constitution went into operation October
12, 1852. No one of these seven Judges was a resident of
Henry county.
When the state was divided into ten circuits in 1852, pur-
suant to the new Constitution, Henry county was placed in
the Seventh circuit, which at that time included Henry, Wayne,
Randolph, Delaware, Jay, Blackford and Grant. Joseph An-
thony, a cripple by nature, a tavern keeper by profession and
a Judge by the accident of political manipulation, was the first
Judge of the Seventh circuit. Probably no Judge ever pre-
sided over any circuit in Indiana who had less knowledge ot
law. His service was so unsatisfactory that the counties
making up the circuit immediately began to agitate the forma-
tion of new circuits in order to get rid of him. The Legisla-
ture, by the act of February 9, 1855, created the Thirteenth
circuit, composed of the counties of Henry Wayne, Randolph
and Jay, leaving the tavern-keeper Judge in the Seventh with
Delaware and Blackford counties. As soon as this new circuit
was organized Governor Wright appointed Jeremiah Smith as
its first Judge. In the fall of the same year (1855) Jehu T.
Elliott, who had formerjy been on the bench of the circuit
under the old Constitution, was elected Judge, serving until
he resigned in January, 1865, to become Judge of the Supreme
court of the state. Upon his resignation, the Governor ap-
pointed Silas Colgrove to fill out his unexpired term. The
act of February 11, 1867, reorganized the Seventh and Thir-
teenth circuits, and at the same time created the Seventeenth.
Henry was placed in the Seventh with Delaware, Hancock and
Grant ; Wayne, Randolph, Jay and Blackford became the Thir-
teenth; Madison, Hamilton, Tipton and Howard were consti-
tuted the Seventeenth. Joseph S. Buckles had been on the
bench of the Seventh since October 26, 1858, and he continued
to preside over the circuit until October 15, 1870, when Joshua
H. Mellett took the bench. Judge Mellett was the first resi-
dent of Henry county to preside over the circuit to which
Henry was attached. When the whole state was recircuited
by the act of March 6, 1873, Henry was united with Hancock
in the Eighteenth circuit, Judge Mellett being transferred
from the Seventh to the Eighteenth.
744 Courts and Lawyers of Indiana
Robert L. Polk, of Hancock county, was elected in 1876
and served until his death. May 11, 1881. Governor Porter
appointed Mark E. Forkner, May 11, 1881, to fill out the
unexpired term of Judge Polk and, by subsequent election.
Judge Forkner continued on the bench until November 15,
1888. William H. Martin, of Hancock county, succeeded
Judge Forkner and presided over the circuit composed of
Henry and Hancock until February 22, 1889. The act of that
date divided the Eighteenth circuit, leaving Hancock as the
sole county in the circuit and constituting Henry as the Fifty-
third, where it has since remained. Since Judge Martin lived
in Hancock county, he was left as the Judge of the Hancock
Circuit court and Governor Hovey appointed Eugene H. Bundy
as the first Judge of the newly organized Fifty-third. Judge
Bundy was elected in the fall of 1890 for a six-year term.
Four Judges have succeeded him on the bench of the circuit,
namely : W. 0. Barnard, from 1896 to 1902 ; John M. Morris,
from 1902 until his death in July, 1907 ; Ed Jackson, who was
appointed July 14, 1907, and served by subsequent election
until 1914; Fred C. Cause, who has been on the bench since
November 17, 1914. Specific mention is made of Judges Fork-
ner, Barnard, Jackson and Gause in volume III.
ASSOCIATE JUDGES.
Elisha Long July 5, 1822; resigned, May, 1826.
Thomas R. Stanford— July ,5 1822; resigned, June 21, 1825.
Jobn Anderson August 16, 1823, vice Thomas R. Stanford, re-
signed.
Byrum Cadwallader August 19, 1826, vice Elisha Long (resigned), to
serve until July 5, 1S20.
John Anderson August 15, 1829, to serve sevn years from July
5, 1S29.
Byrum Cadwallader August 15, 1829, to serve seven years from July
5, 1829.
Jacob Thorp August 15, 1S34, vice Byrum Cadwallader (re-
signed), to serve seven years from July 5, 1829.
John Anderson August 20, 1835, to serve seven years from July
5, 1836; died, December, 1888.
Jacob Thorp August 20, 1835, to serve seven years from July
5, 1P56.
Jacob Thoruburgh February 19, 1839 (sjiecial election), vice John
Anderson, deceased. Jacob Thoruburgh died
March, 1810.
The County Courts 745
Gabriel Casaiul April 1(3. ISIO (special election), vice Jacob Thoru-
burgh, deceased.
Abraham Elliott August 22, 1S42, to serve seven years from July
5, 1S43: died, November, 1S4S.
James W. Crowley August 22, 1S42, to serve seven years from July
5, 1843.
William W. Williams— January 17, 1.849 (special election), vice Abraham
Elliott, deceased, to serve seven years from July
5, 1S43.
William W. Williams.. August 23, 1S49, to serve seven years from July
5, 1850.
Joseph Farley August 23, 1849, to serve seven years from July
5, ISoO.
PROBATE JUDGES.
Jesse H. Healey August 14, 1S29.
Samuel Hoover August 14. 1836.
Ralph Berkshire August 15, 1843.
Milton Wayman August 14, 1850.
COMMON PLEAS JUDGES.
Martin L. Bundy 1S52 ; died in office September 4, 1859.
William Grose 1860-61, resigned.
Elijah B. Martindale... Appointed August 31, 1861-October 18, 1861.
David S. Goodiug 1861; resigned September 10, 1864.
William R. West Appointed September 12, 1864-72.
Robert L. Rolk 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
E. B. Martindale 1852-54.
James Brown 1854-56.
Thomas B. Redding 1S56-57, resigued.
Miles L. Reed Appointed October 29, 1857-60.
William R. Hough 1800-62.
Daniel W. ComstocU___18G2-64.
James D. Martindale 1864-66.
Calvin D. Thompson 1866-67, resigned.
Reuben A. Riley Appointed April 27, 1867.
William F. Walker 1867-69.
Joseph W. Worl 1869-72.
Washington Saunders.. 1872-73.
PRESIDENT JUDGES.
William W. Wick June 1, lS22-January 20. 1825. resigned. Fifth
circuit.
Bethuel F. Morris Appointerl January 20. 1825-January 23. 1830. The
act of January 23, 1830, put Henry in the Sixth.
746 Courts and Lawyers of Indiana
Charles H. Test Appointed January 23, lS30-December 11, 1835,
resigned.
Samuel Bigger Appointed Januaiy 20, lS36-Marcli 29, 1840, re-
James Perry Appointed March 29, 1840-January 23, 1844.
Jehu T. Elliott January 23, lS44-February 15, 18&1.
Oliver P. Morton February 15, ISol-October 12, 1852.
CIRCUIT JUDGES.
Joseph Anthony October 12, lS52-February 9, 1855. The act of
FebruaiT 9, 1855, took Henry out of the Seventh
and put it in the newly created Thirteenth.
Jeremiah Smith Appointed February 21, lS55-October 20, 1855.
Jehu T. Elliott October 20, 1855 ; resigned to take effect January
2, 1865, the day on which Judge Elliott took his
seat on the Supreme bench.
Silas Colgrove Appointed Januaiy 2, 1865-February 11, ISai. The
act of February 11, 1867, put Henry in the Seventh.
Joseph S. Buckles February 11, 1867-October 15, 1870. Judge Buckles
had been on the bench of the Seventh since
October 26, 1858.
Joshua H. Mellett October 15, lS70-October 24, 1876. The act of
March 6, 1873, put Henry in the Eighteenth, and
transferred Joshua H. Mellett from the Seventh
to the Eighteenth.
EobertL. Polk October 24. lS76-May 11, 1881, died.
Mark E. Korkner Appointed May 11, 1881-November 15, 1888.
William H. Martin November 1.5, 188S-Februai-y 22, 18S9. The act of
February 22, 1889, made Henry the sole county in
the newly created Fifty-third, where it has since
remained.
Eugene H. Bundy Appointed February 22, 1889-November 17, 1896.
William O. Barnard November 17, lS96-November 17, 1902.
John M. Morris November 17, 1902; died in office in July, 1907.
Ed Jackson Appointed July 13. 1907-November 17, 1914.
Fred C. Cause November 17, 1914 ; term expires November 17,
1920.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, 1824-August 9, 1825. Fifth circuit.
Calvin Fletcher August 9, lS25-August 14, 1826.
James Whitcomb August 14, lS26-Januaiy 14, 1829.
W. W. Wick Januaiy 14, 1829-January 23, 1830. The act of
January 23, 1830, put Heniy in the sixth.
James Perry Januaiy 25, ISoO-January 25. 1832.
AVilliam J. Brown Januaiy 25, 1832-December 10, 1836, resigned.
Samuel Parker Appointed December 10, lS36-December 10, 1S3S.
David Macey December 10, lS3S-December 11, 1840.
The County Courts 747
Martin M. Ray December 11, lS40-Deceruber 15, 1S42.
Jehu T. Elliott December 15, lS42-Jauuary 23, 1&44, resigned.
Samuel E. Perkins Appointed January 23, lS44-August 20, 1844.
Jacob B. Julian August 20, lS44-August 27, 1846.
John B. Still August 27, lS46-August 27, 1S4S.
Joshua H. Mellett August IS, 1851-October 12, 1852.
Silas Colgrove October 12, 1852-November 7, 1854. Seventh circuit.
Elijah B. Martindale— November 7, 1854-October 20, 1855. The act of
February 9, 1855, took Henry out of the Seventh
and put it in the newly created Thirteuth, and
transferred Martindale from the Seventh to the
Thirteenth.
Thomas M. Browne October 20, 1855-October 22, 1861, resigned.
James N. Templer October 22, 1861-February 11, 1807. The act of
February 11, 1867, put Heni-y in the Seventh.
David W. Chambers... November 12, 1867-October 21, 1872.
John W. Ryan October 21, 1872-March 6, 1873. The act of March
6. 1873, put Henry in the Eighteenth.
Exura Saint Appointed March 7, 1873-October 22, 1873.
Charles M. Butler October 22, lS73-October 22, 1875.
William F. Walker October 22, 1875-October 22, 1877.
Joseph M. Brown October 22, 1877-October 22, 1879.
Charles M. Butler October 22. 1879-February 21, 1881.
Leonidas P. Newby February 21, lS81-October 22, 1883.
George W. Duncan October 22, lS83-October 22, 1887.
William O. Barnard October 22, lS87-October 22, 1893. The act of
February 22, 1889, made Henry the sole county in
the newly created Fifty-third, where it has since
remained. This act transferred Barnard from the
Eighteenth to the Fifty-third.
Frank E. Beach October 22, lS93-October 22, 1897.
Wrighter R. Steele October 22, lS97-JanuaiT 1, 1902.
Edgar Jackson January 1, 1902-January 1, 1906.
George M. Barnard January 1, 1906-January 1, 1910.
Herbert H. Evans January 1, 1910-January 1, 1914.
Walter R. Myers January 1, 1914-January 1, 1916.
Charles O. Nogle JauuaiT 1, 1916 ; term expires Januai-y 1, 1918.
Howard County.
Howard county was organized out of the great Miami
Reservation, as Richardville county, by the act of the Legis-
lature, January 15, 1844, the act becoming effective May 1,
1844. The county was named in honor of Richardville, a
Miami chief and successor of Little Turtle. On December
28, 1846, the name of the county was changed by an act of
748 Courts and Lawyers of Indiana
the Legislature from Richardville to Howard. The name was
in honor of Tilghman A. Howard, a noted Indiana statesman
of that time. Originally Howard county was a part of the
Eighth judicial circuit, which included also Carroll, Cass,
Miami, Fulton, Pulaski, White and Jasper counties. The first
term of what was then known as the Richardville circuit was
held November 7, 1844, at the house of John Harrison in the
township now called Ervin. Nothing much was done on the
first day of the term. The first Judge of the Howard Cir-
cuit court was John W. Wright, of Logansport, who served
from 1844 to 1847. N. R. Lindsey, subsequently Judge of
the Howard Common Pleas court, was enrolled as a member
of the bar on the second day, and on the third day the grand
jury returned twenty-five indictments. The first petit jury
received thirty-five cents each for one day's service. A term
of court generally lasted from three to four days, but seldom
longer. The first court house was built in 1845 of hewn logs
with a clapboard roof, twenty-four feet square and two stories
high. The upper room was fitted up for a court room. In
1868 a new court house was begun, which was finished in 1870
at a cost of seven thousand five hundred and forty-eight dol-
lars and forty cents. This court house is still in use.
Judge John W. Wright, the first Judge of the Circuit court,
was noted for his eccentricities. He presided at a trial during
his term of oflfice in which Abraham Lincoln and Joseph E.
McDonald were opposing counsel. The two eminent lawyers
set forth in detail the law in the case, one which w^as particu-
larly intricate, and Judge Wright immediately ruled on it
without consulting any authorities. It took him but a few
minutes to dispose of a case on which the two learned lawyers
had been working for weeks. After Lincoln's election and
inauguration as President, McDonald called upon him and
was grasped heartily by the hand of the President, who in-
quired: "How's old Judge Wright, anyway?" In conversa-
tion. Judge Wright was given to exaggerations, and on some
occasions showed a particularly vicious temper. Subsequently
Judge Wright removed to Washington, D. C, where he became
quite wealthy. His death occurred in Washington and his
body was brought back to Logansport for burial.
cT'cJ^trA/^^^^^,^^...^
748 Courts and Lawyers of Indiana
the Legislature from Richardville to Howard. The name wa-5
in honor of Tilghman A. Howard, a noted Indiana statesman
of that time. Originally Howard county was a part of the
Eighth judicial circuit, which included also Carroll, Cass,
Miami, Fulton, Pulaski, White and Jasper counties. The first
term of what was then known as the Richardville circuit was
held November 7, 1844, at the house of John Harrison in the
township now called Ervin. Nothing much was done on the
first day of the term. The first Judge of the Howard Cir-
cuit court was John W. Wright, of Logansport, who served
from 1844 to 1847. N. R. Lindsey, subsequently Judge of
the Howard Common Pleas court, was enrolled as a member
of the bar on the second day, and on the third day the grand
jury returned twenty-five indictments. The first petit jury
received thirty-five cents each for one day's service. A term
of court generally lasted from three to four days, but seldom
longer. The first court house was built in 1845 of hewTi logs
with a clapboard roof, twenty-four feet square and two stories
high. The upper room wa.s fitted up for a court room. In
1868 a new court house was begun, which was finished in 1870
at a cost of seven thousand five hundred and forty-eight dol-
lars and forty cents. This ourt house is still in use.
Judge John W. Wright, the first Judge of the Circuit court,
was noted for his eccentricities. He presided at a trial during
his term of office in which Abraham Lincoln and Joseph E.
McDonald were opposing counsel. The two eminent lawyers
set forth in detail the law in the case, one which was particu-
larly intricate, and Judge Wright immediately ruled on it
without consulting any authorities. It took him but a few
minutes to dispose of a case on which the two learned lawyers
had been working for weeks. After Lincoln's election and
ir.auguration as President, McDonald called upon him and
was grasped heartily by the hand of the President, who in-
quired: "How's old Judge Wright, anyway?" In conversa-
tion. Judge Wright was given to exaggei-ations, and on some
occasions showed a particularly vicious temper. Subsequently
Judge Wright removed to Washington, D. C, where he became
quite wealthy. His death occurred in Washington and his
body was brought back to Logansport for burial.
>^tA^^^^ ~^^^^
The County Courts 749
Judge Horace P. Biddle, of Logansport, succeeded Judge
Wright in 1847, and served until his resignation in the spring
of 1852. He was an able jurist, a savant, and a gentleman of
broad culture. Upon his retirement from the Supreme bench
of Indiana, upon which he served from 1875 to 1881, he re-
turned to Logansport, and spent his closing years at his home
on Biddle's island, in that city.
Judge Biddle was succeeded in 1852 by Gen. R. H. Milroy,
of Delphi, who served by appointment from April 20, 1852,
to October 12, 1852. At this period the Circuit court ac-
quired a migratory character. The May, 1854, term of court
was held in the Methodist church on West Mulberry street.
The fourth Judge of the Howard Circuit court was John
U. Pettit, of Wabash (1853-54), a man of striking personal
characteristics and eccentricities. He was a graduate of
Columbia College, and a classmate of Robert Toombs, of
Georgia, the "great Southern fire-eater and slavery advocate."
Judge Pettit represented the Eleventh Indiana district in the
thirty-fifth Congress from 1857 to 1859. He was speaker of
the Indiana House of Representatives during the forty-fourth
session and the special session following it. Upon the resig-
nation of Judge Pettit on August 28, 1854, John Brownlee
was appointed and served until October 25, 1854.
The next Judge was John M. Wallace, of Marion, who was
a native of Franklin county, a brother of Governor David
Wallace, and an uncle of General Lew Wallace. He served
from 1854 until the act of February 1, 1859, put Howard
in the Seventh circuit, over which Joseph S. Buckles was
presiding. Judge Buckles lived near Muncie on a stock
farm of six hundred and fifty acres. Judge Buckles was
elected to the bench as a Democrat before the Civil War, but
became a Republican and remained so during the rest of his
life.
In 1867 the circuit was changed and Howard county was
organized with Madison, Hamilton and Tipton counties into
the Seventeenth judicial circuit. Henry A. Brouse, of Ko-
komo, was appointed Judge of the new circuit and served until
October 19, 1867.
Judge Brouse never admired technicality enough to be
750 Courts and Lawyers of Indiana
skillful in the use and construction of it. As a lawyer he
employed it from necessity. He had a natural antipathy and
aversion to it, and in taking advantage of technicality, he was
much more skillful than in the formulation of it. He believed
that courts were established to administer justice, and that
when technicality conspired to this end, it ought scrupulously
to be observed.
John Davis, of Anderson, was elected as the successor of
Judge Brouse. He was a man of scholarly attainments and
had been a corporation lawyer. Shortly after taking up his
duties as Judge, he became enfeebled by disease, and was
rendered unable to perform the duties of his office. He never-
theless refused to resign and, his office being a constitutional
one, he could not be removed. The Legislature of 1871, how-
ever, passed an act to meet the emergency, providing for the
choice of a Judge pro tem, and the Governor appointed Judge
James O'Brien, of Kokomo (March 4, 1871), as the successor
to Judge Davis. He was an able Judge and, personally, was
positive in his likes and dislikes. He had warm friends and
bitter enemies. During Judge O'Brien's administration, a
new judicial circuit was formed comprising Howard and Tip-
ton counties. Thomas A. Hendricks was then Governor of
Indiana, and he appointed Clark N. Pollard, of Kokomo, as
Judge of the Thirty-sixth circuit, comprising Tipton and
Howard counties. Judge Pollard was appointed March 12,
1873, and at the succeeding election in October, 1873, he
was elected and served until 1879, when Judge Nathaniel R.
Overman, of Tipton, succeeded to the judicial office. Judge
Overman died in office (October 25, 1883) and his unexpired
term was filled by Judge O'Brien. At the ensuing election.
Judge Daniel Waugh, of Tipton, was elected as Overman's
successor. Following Judge Waugh, Lex J. Kirkpatrick, of
Kokomo, was elected in 1890. He was succeeded by Walter
W. Mount, of Tipton, in 1896, and Judge Mount was succeeded
by Judge James F. Elliott, of Kokomo, in 1902. Judge Elliott
was succeeded by Lee Nash, of Tipton, in 1908, who presided
over the courts of Tipton and Howard counties until Howard
county was made a separate circuit by the act of March 1,
1909. Lex J. Kirkpatrick was appointed Judge of the new
The County Courts 751
circuit and served from March 15, 1909, to January 1, 1911.
The present Judge of the Howard Circuit court is William C.
Purdum, of Kokomo, whose term will expire in 1917.
Nathan C. Beals was the first Probate Judge (1844-46) of
Howard county. He was a plain, good natured, unsophisti-
cated farmer, and a man of average intellect. Benjamin
Lesoura, who succeeded Beals, was an honest, upright and
industrious citizen, and a farmer by occupation. Nathan C.
Beals was elected to succeed Judge Lesoura, and he, in turn,
was followed by Robert Ervin, who served until the office was
abolished.
The first Judge of the Howard Common Pleas court was
Earl S. Stone, a quiet, unassuming lawyer of fair ability.
Nathaniel R. Lindsey, of Kokomo, succeeded Judge Stone on
the bench. He was twice elected Judge of the Common Pleas
court, but resigned before the end of his second teiTn. Before
Nathaniel Lindsey was eight years old, he was left, by the
death of his father, to orphanage and penury in a wilderness
home, and without property or a father's counsel, commenced
the battle of life. He was elected justice of the peace at the
age of twenty-four years, at a time when the office was far
more important than it is now. Judge Lindsey was a mem-
ber of the thirty-sixth, fifty-second and fifty-fourth Indiana
General Assemblies, 1851, 1881 and 1885. As a member of
the Legislature he was engaged in codifying the laws of the
state after the adoption of the present Constitution. As a
lawyer, he was distinguished for his ability as an advocate
and for his tact in the management of a trial. Judge Green,
of Tipton, was the third Judge of the Common Pleas court.
Judge Green, besides being a matter-of-fact lawyer, was popu-
lar with the people. The last Judge of the Howard Common
Pleas court was William Garver, a resident of Hamilton
county, who had studied law under Isaac Blackford. Judge
Garver was a member of the fiftieth session of the Indiana
General Assembly in 1877, and a member of the special ses-
sion which followed it. He was the last Judge of the Howard
Common Pleas court, and served until the court was abol-
ished in 1873.
Among the early lawyers who practiced before the How-
752 Courts and Lawyers of Indiana
ard Circuit court were James W. Robinson, J. B. Johnson,
Nelson Purdum, Joel Lewis, Rawson Vaile, Capt. Milton Gar-
rigus, David Nation, John W. Kern, J. Fred Vaile, B. F. Har-
ness, John W. Cooper, Col. N. P. Richmond, Charles E. Hen-
dry, Daniel H. Bennett and Nathaniel P. Lindsay.
James W. Robinson was a singular character, who read
a great deal, but studied very little, and who incessantly
bluffed and blustered. He was nevertheless good at repartee,
and was popular among the lawyers of the county. J. B.
Johnson was a young man of considerable brilliancy and more
than ordinary talent. He did not live long enough to fully
mature and develop his powers. Nelson Purdum, an early
attorney at the Howard county bar, was the first mayor of
Kokomo. He detested buncombe, rant and bombast, and was
most proficient in the civil law. Joel Lewis had the reputa-
tion of being one of the best collection lawyers in northern
Indiana. He was nervous in writing, in speech, and in fact
in everything. Rawson Vaile, more than any other member of
the bar, was accustomed to explore into the depths of old
records, minutely and critically examining every mouldy
paper buried beneath the dust of years. There was no fool-
ishness about him, and he was little inclined to a joke. At
one time in life he was actively engaged in the duties of
journalism, and published the Free Territory Sentinel. He
was also at one time one of the editors of the Indianapolis
Journal.
In 1847 Milton Garrigus came to Howard county from
Wayne county. While postmaster at Greentown, Captain
Garrigus studied law, and later held trials in the postoffice.
David Nation, famous as the divorced husband of Carrie Na-
tion, the Kansas temperance cyclone, was once a lawyer in
Howard county. Two members of the Howard county bar
have attained national prominence — J. Fred Vaile, later of
Denver, Colorado, and a leading lawyer of the country, and
John W. Kern, United States senator from Indiana, and the
nominee of the Democratic party for Vice-President in 1908.
When a youth, Vaile ran away to college, and paid the expenses
of his first year at Oberlin by doing chores and cutting wood.
He graduated with honor and then taught school in Kentucky.
The County Courts 753
He secured the only death penalty ever obtained from a How-
ard county jury. In a case involving technical chemical
knowledge his argument reflected the learning of a college
professor.
John W. Kern came to Kokomo from the University of
Michigan in 1869. and immediately thereafter hung out his
shingle. Early in his legal experience Mr. Kern encountered
at the Howard county bar, Rawson Vaile, editor of the In-
dianapoUs Journal before the Civil War, and father of J.
Fred Vaile, of Denver, a schoolmate of Mr. Kern, and now
one of the best known lawyers of the west. The elder Mr.
Vaile wore a stiff tile, and Kern, while making an argument
to the court, brought his law books down on Mr. Vaile's
plug hat with a crash, smashing it completely. Senator Kern
was threatened with a fine for contempt, but with all the
wit with which he is possessed, he begged the pardon of the
injured lawyer and the mercy of the court, pleading inadvert-
ence during the heat of argument. Senator Kern was for
several years a partner of Judge B. F. Harness. Subsequently
he removed to Indianapolis, and for a number of years prac-
ticed law with Joseph Bell, now mayor of Indianapolis. Sena-
tor Kern was a candidate for election to the United States
Senate in 1909, and was defeated. In 1911, however, he was
elected for a term of six years, and immediately became
prominent as a national leader of his party in the Senate.
Upon coming to Kokomo, John W. Cooper formed a part-
nership with James W. Robinson. Later, however, he prac-
ticed alone. Cooper was slow of speech, deliberate in action
and careful and sound in thought. Col. N. P. Richmond was
possessed of fine legal judgment, but was an indiflTerent stu-
dent. Charles E. Hendry was a man of sanguine tempera-
ment, and therefore easily depressed and discouraged. He
was a painstaking advocate and partial to the prolix common
law formulation. Arthur Bell, who began the practice of law
at Kokomo, died early in life. Jacob H. Kroh was an attorney
of average speech, but of deep human sympathies, and pos-
sessed of fine clerical ability. Dan H. Bennett, at one time
editor of the Howard County Republican, was also a lawyer
(4S)
754 Courts and Lawyers of Indiana
of considerable ability. He was a man given to tirades and
vilification in the trial of cases, but he was so by design
rather than by temperament. As the editor of the Howard
County Republican, he supported Judge Pollard, running as
an independent candidate for Judge of the Howard Circuit
court in October, 1873, and opposed N. R. Lindsey, the nomi-
nee of the Republican party, who was supported by T. C.
Phillips as editor of the Tribune. Pollard defeated Lindsey
and made an able Judge.
fs from date.
i-s from date,
years from Juue 5,
ASSOCIATE JUDGES.
Thomas A. Long .Jnue 5. 1844, to serve seven ye
Robert Erviu Juue 5, 1S44. to serve seveu ye
Thomas McClure August 20. 1S50, to serve sever
1851.
William Davis August 20. 1S.50. to serve seven years from June 5.
18.51.
PROBATE JUDGES.
Nathan C. Reals August 19, 1844.
Benjamin Lesoura August 1.5, 1846. to serve seven years from August
19, 1846; removed from county prior to January
30, ISol.
Nathan C. Beals January 30, 1851, appointed.
Robert Ervin August 27. 1851.
COMMON PLEAS JUDGES.
Earl S. .Stone 18.52-.56.
Nathaniel R. Lindsey lS.50-riO.
John Green 1860-64.
Nathaniel R. Lindsey 1864-6.5. resigned.
William Garver Appointed February 4, 1865-73.
DISTRICT PROSECUTING ATTORNEYS.
C. E. Shipley 1.S.52-.54.
William Brown 18.54.56.
James A. Gray ls5(;-57. removed from state.
Oliver T. Baird Appointed June 10, 1.857; appointment set aside
by court on account of return of Gray.
James A. Gray 1857-58.
Barsabas Giltner 1858-00.
Nathan W. Gordon 1860-61.
Joel Stafford 1861-62.
Thomas S. Underhill__ 1862-64.
James A. Street 1864-66.
Levi Farley 1866, resigned.
August F. Shirts Appointed November 17, 1866-67.
The County Courts 755
Noah W. Parker 1S67-6S.
Joseph L. Custer 1S68-1872.
Robert B. Beauchamp,. 1.^7:2-73.
PRESIDENT JUDGES.
At the time of its organization, May 1, 1844, Howard
county was placed in the Eighth circuit, where it remained
until October 12, 1852. During this time only three Judges
sat on the bench in Howard county, the first being John W.
Wright, who was serving at the time the county was organ-
ized and who continued until January 29, 1847, when he was
succeeded by Horace P. Biddle. Biddle resigned on April 20,
1852, and Robert H. Milroy was appointed to the office, serv-
ing until the adoption of the new constitution.
CIRCUIT JUDGES.
Thomas Stanfield October 12, lS52-January 21, 1853. The act of
January 21, 1853, took Howard out of the Ninth
and put it in the Eleventh.
John U. Pettit Appointed January 25, 1853: resigned August 28,
1854.
John Brownlee Appointed August 28. 1854-October 25, 1854.
John II. Wallace October 25, 18.54-February 1, 1859. The act of
February 1, 1859, put Howard in the Seventh.
Joseph S. Buckles February 1, 1859-February 11, 1867. Judge Buck-
les had been on the bench in the Seventh since
October 26, 1858. The act of February 11, 1867,
18G7, put Howard in the Seventeenth.
Henry A. Brouse Appointed February 18, 1867-October 19, 1867.
John Davis October 19, 1867-March 4, 1871.
James O'Brien Appointed March 4, 1871-March 6, 1873. The act
of March 6,. 1873, put Howard in the Thirty-sixth.
Clark N. Pollard Appointed March 12, 1873-October 24, 1879.
Nathan R. Overman___ October 24, 1879; died in office October 2.5, 1883.
James O'Brien Appointed November 1, 1883-November 14, 1884.
Daniel Waugh November 14, 1884-November 14, 1S90.
Lex J. Kirkpatrick November 14, 1890-November 14, 1896.
Walter W. Mount November 14, 1896-November 14, 1902.
James F. Elliott November 14, 1902-November 14, 1908.
Leroy B. Nash November 14, 1908-March 1, 1909. The act of
March 1, 1909, made Howard the sole county in
the newly created Sixty-second, where it has since
remained.
Lex J. Kirkpatrick Appointed March 15, 1909-January 1, 1911.
William C. Purdum—. January 1, 1911; term expires January 1, 1917.
756 Courts and Lawyers of Indiana
PROSECUTING ATTORNEYS.
William Z. Stuart May 1, 1844-December 15, 1S45. Eighth circuit.
David M. Dunn December 15, lS-15-December 15, 1S4T.
William Potter August 23, lS49-August 28, 1S51, resigned.
George E. Gordon August 28, 1851-September 15, 1852, resigned.
John M. Wilson September 15. 3 852-October 12, 1852.
D. J. Woodward October 12, 1852-January 21, 1853. The act of
January 21, 1853, took Howard out of the Ninth
and put it in the Eleventh.
John M. Connell January 25, lS53-January 1. 1854.
Isaiah M. Harlan January 1, 1854- February 27, 1S56, resigned.
Orris Blake Appointed February 27, 1856-October 30, 1856.
Charles H. Parrish October 30, 1856-December 1, 1858.
Richard P. DeHart December 1, 1858-February 1, 1859. The act of
February 1, 1859, put Howard in the Seventh.
David Moss October 31, lS59-November 12, 1861.
John A. Harrison November 12, lS61-November 9, 1865.
Lemuel G. Gooding November 9, 1865-February 11, 1867. The act of
February 11, 1867, put Howard in the Seventeenth.
Nicholas Van Horn Appointed February 18, lS67-October 25, 1867.
William O'Brien October 25, 1867-October 24, 1870.
James F. Elliott October 24, 1870-October 26, 1874. The act of
March 6, 1873, put Howard in the Thirty-sixth,
and transferred Elliott from the Seventeenth to
the Thirty-sixth.
Robert B. Beauchamp— October 26, lS74-October 26, 1876.
Joel Fred Vaile October 26, 1876-October 26, 1878.
John A. Swoveland October 26, 1878-October 26, 1880.
John E. Moore October 26, 1880-November 17, 1882.
Cassius C. Shirley November 17, lS82-November 17, 1884.
James M. Fippen November 17, lS84-November 17, 1886.
Albert B. Kirkpatrick— November 17, 1886-November 17, 1888.
Walter W. Mount November 17, 188S-November 17, 1890.
James N. Smith November 17, lS90-November 17, 1892.
John F. Pyke November 17, 1892-November 17, 1894.
William D. Davis November 17, 1894-November 17, 1896.
B. F. Harness November 17, 1896-November 17, 1S9S.
Frank M. Stratton November 17, lS98-Januai-y 1, 1901.
Every A. Mock January 1, 1901 -January 1. 1903.
Edward Daniels January 1, 190.3-January 1, 1905.
Cleon Wade Mount January 1, 1905-January 1, 1907.
J. Fenimore Cooper January 1, 1907-January 1, 1909.
Arthur G. Manning January 1, 1909-March 1, 1009. The act of March
1, 1909, made Howard the sole county in the newly
created Sixty-second.
Donald P. Strode November 22, 1910-January 1, 1913.
Fred H. Jessup January 1, 1913-January 1. 1915.
Donald P. Strode January 1, 1915; term expires January 1, 1917.
The County Courts 757
Huntington County.
Huntington county was created by the legislative act of
February 2, 1832, but for some reason no immediate action
was taken by the residents of the county looking toward its
organization. It took a second act (February 1, 1834) to
effect its organization, the second act providing that the
county should be formally organized on the first of the follow-
ing March. It was not held until May 5, 1834, that the first
meeting of the county commissioners was held. During the
summer of 1834 the locating commissioners, who were desig-
nated in the act organizing the county, looked over the various
sites proposed for the county seat. They finally decided upon
the site of the present town of Huntington, on land which at
that time was owned by Gen. John Tipton. Tipton offered
to deed a number of lots to the county if the seat of justice
was located on his land, and in view of the fact that the site
was on the Wabash river and near the center of the county, the
locating commissioners decided to accept his offer. Another
consideration which entered into the selection of this site
was the offer by Tipton of the use of a building for the use
of the county until a suitable court house should be erected.
The first term of the Huntington Circuit court was held
at the house of Jonathan Keller, one of the first settlers of
the county and familiarly known as "Old Broadhorn." The
minutes of the first meeting of the court indicate that the
session convened on March, 1835. Upon the organization of
the county it had been attached to the Eighth circuit, which
at that time was presided over by Gustavus A. Everts. The
Associate Judges at this initial session of the court were Mur-
dock McLane and Keller, and the prosecuting attorney was
Samuel C. Sample.
The first case called for trial was that of the state of
Indiana vs. George Welshons, who had been indited for assault
and battery. The first jury trial concerned Thomas Curran,
who was indicted for grand larceny.
In July, 1836, Judge Everts was succeeded by Samuel C.
Sample, of Allen county, as Circuit Judge, and Joseph L. Jer-
negan was chosen prosecuting attorney. At the same time
758 Courts and Lawyers of Indiana
George A. Fate was elected Associate Judge to succeed Jona-
than Keller. Judge Charles W. Ewing, of Allen county, who
succeeded Judge Sample in March, 1837, was a brilliant orator
and lawyer. He was deservedly popular both on the bench
and at the bar. Governor Wallace appointed Henry Chase, of
Cass county, to fill the vacancy caused by the resignation of
Judge Ewing on August 20, 1839, and when the Legislature
of 1839 convened John W. Wright, of Cass county, was elected
to preside over the Eighth circuit. Although Judge Wright
served a full term of seven years, he presided over the Cir-
cuit court of Huntington county only about two years.
The Legislature on December 14, 1841, redistricted the state
for judicial purposes and Huntington county was made a part
of the Twelfth circuit, which included the northeastern por-
tion of the state. James W. Borden, of Fort Wayne, was
elected by the Legislature as President Judge (December 15,
1841) and William H. Coombs became the first prosecuting
attorney under the new law. Judge Borden continued on the
bench until 1851.
In March, 1841, the first term of court was held in the
new court house on the southeast corner of Jefferson and
Franklin streets. While the court house was under construc-
tion the sessions of the court were held in the school house
on West State street. This court house was the frame building
erected by Gen. John Tipton and presented to the county.
Elza A. McMahon was appointed Judge of the circuit July
31, 1851, to fill the unexpired term of Judge Borden, and
served until the new Constitution went into operation, October
12, 1852.
Huntington county was placed in the Tenth circuit by the
act of June 17, 1852, and Elza A. McMahon, who had served
as President Judge for about a year, was elected as the first
Circuit Judge of the Tenth. The Tenth included the counties
of Huntington, Wells, Adams, Wabash, Whitley, Allen, Noble,
Lagrange, Steuben, Elkhart and Kosciusko. The size of the
Ninth and Tenth circuits soon made it imperative that a new
circuit would have to be organized, and the Legislature, with
the act of January 21, 1853, took one county out of the Seventh,
two out of the Tenth and five out of the Ninth, and constituted
The County Courts 759
these eight counties as the new Eleventh circuit. Huntington
and Wabash were taken out of the Tenth and attached to this
new circuit. Judge McMahon did not hold a session of court
in Huntington county under the new Constitution. Four days
after the circuit was organized the Governor appointed John
U. Pettit, of Wabash, as the first Judge of the new circuit.
In February, 1853, the first term of the Huntington Circuit
court under the new Constitution convened with John U. Pettit,
of Wabash county, who had previously served in the Indiana
Legislature and as United States consul at Rio de Janeiro,
Brazil, as Judge. His judicial district comprised Carroll,
Cass, Miami, Wabash, Huntington and Grant counties. Hav-
ing being elected to Congress, Judge Pettit resigned in 1854 and
was succeeded by John Brownlee, of Grant county, appointed
by Governor Wright on September 6, 1854. In 1854 John M.
Wallace, of Grant county, was elected to fill out the unexpired
term of Judge Pettit. His first term of court in Huntington
county was held in February, 1855. Later, however. Judge
Wallace absented himself from Huntington county on account
of a personal feud, and during this period Judge Brownlee
presided over the court by appointment.
In the fall of 1860 Horace P. Biddle, of Cass county, who
had been a delegate to the Constitutional Convention of 1852,
was elected to succeed Judge Wallace. He was re-elected in
1866, but his connection with the Huntington Circuit court
ended when the act of May 3, 1869, put Huntington back into
the Tenth circuit. Robert R. Lowry, who had been on the
bench of the Tenth since October 26, 1864, now became the
Judge of Huntington Cii'cuit court and so continued until the
act of December 14, 1872 put Huntington in the Twenty-
second with Miami and Wabash. John U. Pettit, who had
previously served in Huntington county as Judge, was ap-
pointed January 6, 1873, as Judge of the new circuit, but he
served only two months. The act of March 6, 1873, united
Huntington with Grant and Blackford in the Twenty-eighth
circuit. The Governor appointed James R. Slack as Judge
of the newly created Twenty-eighth, his commission being
issued April 21, 1873. He was elected in the fall of 1873 and
re-elected in the fall of 1879. He died in August, 1881, while
760 Courts and Lawyers of Indiana
serving his second term. Governor Porter appointed Henry
B. Sayler to fill the unexpired term of Judge Slack, and by
subsequent election Judge Sayler served until November 17,
1888.
Joseph S. Dailey, of Wells county, succeeded Judge Sayler
and served until he resigned, July 25, 1893, to accept an ap-
pointment to the Supreme bench of the state. However, be-
fore this time the act of March 4, 1893, had constituted Hunt-
ington as the sole county of the newly created Fifty-sixth.
Grant was made the Forty-eighth at the same time, and Wells
and Blackford became the Twenty-eighth. Orlando Whitlock,
a graduate of the University of Michigan, was appointed by
Governor Mathews, March 15, 1893, as the first Judge of the
Fifty-sixth circuit. He served by appointment until November
10, 1894, when he was succeeded by Charles W. Watkins for
a six-year term. James C. Branyan, a graduate of Wabash
College and a veteran of the Civil War, served from 1900 to
1906, at which latter date Samuel E. Cook, the present incum-
bent, took the bench.
ASSOCIATE JUDGES.
Joimthan Keller Aiu-il IC. 18.34, to serve seven years from date.
JNIurdocU JIcLaue April 10, 1834, to serve seven years from date.
George A. Fate Aiiu:ust 14. 18.35, vice Jonathan Keller (removed
from county), to serve seven years from April 16,
1834, resigned, October, 1837.
John Ijewis Feliriiary 9, 1.S38 (siiecial election), vice George
A. Fate, resigned, to serve seven years from April
16, 1834.
Daniel James August 23, 1838, to serve seven years from April
16. 1834.
William C. Parker August 17, 1840 (special election), to serve seven
years from April 16, 1841.
Samuel B. Caley August 17, 1840 (special election), to serve seven
years from April 16, 1841,
John P. Pulse August .30, 1847, to serve seven years from April
16, 1848, resigned April 4, 1851.
Daniel James Au.gust 30, 1847, to serve seven years from April
16, 1848.
PROBATE JUDGES.
Joel Grover August 14. 1834; resigned March 20, 18.36.
Erwin W. Madison December 31, 1836, ice Erwin W. Madison, re-
signed.
The County Courts 761
Eflwiu W. Madisou Au.sust 14, 1830; resigned, December, 1836.
\ViIIi;im S. Shearer Defeuiber 31. 1830, vice Edwin W. JIadisou, re-
signed.
William S. Shearer November 2.3, 1837: resigned, July, 1838.
James GilUice August 14, 1838 (special election), vice William
S. Shearer, resiguetl. James Gilluce filed resigna-
tion March 24, 1841.
William S. Shearer A]iril 23, 1841 (special election).
William S. Shearer August 11, 1841, to serve seven years from date.
Michael Crum August 29, 1S4S; died July 2.8, 1849.
David Garlic August 6, 1.849, vice Michael Crum, deceased.
William P. Schenck September 10. 18.j0.
COMMON PLEAS JUDGES.
Wilson B. Loughridge— l.S52-Gn.
Joseiih Brackenridge 1860-64. '
James W. Borden lS(j4-67. resigned.
Robert S. Taylor Appointed October 29, 1867-Xovember 2. 1S68.
'David Studebaker 1868-69, resigned.
Itobert S. Taylor Appointed September 1. 1869-October 24. 1870.
William W. Carson 1N70-72. resigned.
Samuel E. Sinclair Xiipointed Septemlier 5. 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Erastus K. Bascomb 1852-53.
Benedict Burns 1853-.54. resigned.
N. Lycurgus Perry Ajipointed June 15. 18,")4.
Amazi White lS.54-56.
Samuel Mahon l8.-1O.5s.
Eawton Burwell l^.is .-,'.1. resigned.
A. V. Blair Ajipointed March 12. 1859. failed (o qualif.v.
Frederick Lucaa Aiipointed March 24, 1859.
James G. Smith 1859-00.
David T. Smith 1800-62.
David Colerick 1862-66.
Joseph S. Dailey 1866-68.
Benjamin F. Ibaeh 1868-72.
Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts December 2, 18:M-July 5, 1836. resigned. Eighth
circuit.
Samuel C. Sample .Appointed July 5. 1830-December 10, 1830: trans-
ferred to the Ninth.
Ch.-irles W. Ewing Ajipiilnted December 10. 18,30: resigned .\ugiist
20. 1839.
Henrv Chase. \iipointed September 1. 1839-December 14. 1839.
762 Courts and Lawyers of Indiana
John W. Wright Dwember 14, 183'.»-Deeember 14, 1841. The act
of December 14, 1S41, put Huntington iu the
Twelfth.
Jnnies W. Borden December ID. 1841; resigned July 31, 1851.
Elza A. McMahon Appointed July 31, lS51-Oetober 12, 1S52.
CIRCUIT JUDGES.
Elza A. McMahon October 12, lS52-January 21, 1853. The act of
January 21, 1853. took Huntington out of the
Tenth and put it in the Eleventh.
John U. Pettit Appointed January 25, 1853; resigned August 28,
1854.
John Brownlee Appointed September 6, 1854-October 25, 1854.
John M. Wallace October 25, 1854-October 26, 1860.
Horace P. Biddle October 20, lS60-May 3, 1869. The act of May 3,
1869, put Huntington In the Tenth.
Eobert R. Dowry May 3, 1869-December 14, 1872. Judge Dowry had
been on the bench of the Tenth since October 26,
1864. The act of December 14, 1872, put Hunting-
ton in the Twenty-second.
John U. Pettit Appointed January 6, lS73-March 6, 1873. The
act of March 6, 1873, put Huntington in the
Twenty-eighth.
James R. Slacli Appointed April 1, 1873; died in August, 1881.
Henry B. Sayler Appointed August 15, ISSl-Xovember 17, ISSS.
Joseph S. Dailey November 17, 18S8-March 4, 1893. The act of
March 4. 1893. made Huntington the sole county
of the Fifty-sixth, where it has since remained.
Orlando Whitelcok Appointed March 15, lS93-November 10. 1894.
Charles W. Watkins.__ November 10, 1894-November 10, 1900.
James C. Branyan November 10. 1900-November 10, lt»06.
Samuel E. Cook November 10, 1006; term expires November 10,
191S.
PROSECUTING ATTORNEYS.
Samuel C. Sample December 4. lS34-July 5, 1836, resigned. Eighth
circuit.
Joseph D. Jernegan Appointed July 5. 1836-December 10, 1836; trans-
ferred to Ninth.
Thomas Johnson Appointed December 10, 1836-December 3, 1S3S.
John W. Wright December 3. 1838-December 5, 1839.
Lueian P. Ferry December 5. lS39-December 14, 1841. The act of
December 14, 1841, put Huntington in the Twelfth.
William H. Combs December 14, 1841; resigned October 30, 1843.
Robert L. Douglas December 14. 1843-September 19. 1845.
Elza A. McMahon September 19, 1845-Septeniber 19, 1847.
James L. Worden August 28. lS51-October 12, 1S52.
The County Courts 763
John M. Connell October 12, lS52-January 1. 1854. The act of
January 21, 1853. took Huntington out of the
Tenth and put it in the Eleventh. This act
transferred Connell to the Eleventh.
Isaiah M. Harlan January 1, lS54-February 27, 1856, resigned.
Orris Blake Appointed February 27, lS56-October 30, 1856.
Charles H. Parrish October 30, 1856-December 1, 1858.
Richard P. DeHart December 1. lS58-October 29, 1860, resigned.
Meredith H. Kidd Appointed November 1, lS60-February 17, 1862,
resigned.
Thomas C. Whiteside— Appointed February 17, 1862-November 3, 1864.
Dudley H. Chase November 3, lS64-May 3, 1869. The act of May
3, 1869, put Huntington in the Tenth.
Joseph S. Dailey May 3. 1869-December 14, 1872. The act of
December 14. 1872, put Huntington in the T-\venty-
second. There is no record of a prosecutor being
appointed or elected for the Twenty-second prior
to October 24, 1874.
John W. Morgan JIarch 6. lS73-October 28. 1873. The act of March
6, 1873, put Huntington in the Twenty-eighth.
Alfred Moore October 28, 1873-October 28, 1877.
Asbury E. Steele October 28, 1877-Octoher 28, 1879.
Charles W. Watkins October 28. 1879-October 28, 1883.
George W. Gibson October 28, 18S3-October 28, 188-5.
Sidney W. Cantwell Commissioned November 14, 1884, for a two-year
term to begin October 28, 1SS5, but the act of
March 3, 1885, transferred Cantwell from the
Twenty-eighth to the Forty-eighth.
E. C. Vaughn March 3. 1885-November 17, 1S8S. The act of
JIarch 3, 1885, transferred Vaughn from the
Twenty-sixth to the Twenty-eighth.
William A. Branyan November 17, lS88-November 17, 1892.
Samuel E. Cook November 17. 1892-November 17, 1894 The act of
March 4, 1893, put Huntington in the Fifty-sixth,
where it has since remained.
E. E. Kelsey November 17. 1804-Xovember 17, 1896.
James R. Day November 17. lS96-November 17, 1898.
John S. Branyan November 17. lS98-Januai-y 1, 1901.
William A. Mitchell January 1, 1901- January 1, 1903.
Clifford F. Jacknian January 1, 1903-January 1, 1907.
George M. Eberhart January 1, 1907-January 1. 1911.
Otto H. Krieg January 1, 1911-January 1, 1915.
Arthur H. Sapp January 1. 1915; term expires January 1, 1917.
764 Courts and Lawyers of Indiana
Jackson County.
Jackson county was organized out of a part of Washing-
ton and Jefferson counties by an act of the General Assembly,
approved December 18, 1815. The records in the court house
show that what was probably the first court in Jackson county
was held at the town of Vallonia, the third Monday in Janu-
ary, 1816, before Associate Judges Joseph Kitchell and John
Ketchum. Judges Kitchell and Ketchum also held a special
session of the court on May 15, 1816. At this session of the
court the commissioners appointed to select a county seat
made their report and it was ordered that the permanent
seat of justice should be located at Brownstown.
On November 18, 1816, a special session of the Circuit
court was held before Cyrus Douglass and John Ketchum,
Associate Judges. It was at one time believed that the first
court house in Jackson county was erected at Vallonia, but
this is hardly probable, since the county seat was located first
at Brownstown, where it has ever since remained. The first
court house built in Brownstown was used but a short time,
a new court house being built in 1822. After many repairs
and alterations had been made on the court house, a second
building was erected and completed in September, 1834. Jack-
son county, therefore, had its fourth court house within a
period of less than twenty years.
In 1853 an effort was made to move the county seat from
Brownstown to Seymour, the latter of which had grown to
be the largest city in the county. After a bitter struggle last-
ing for several years, the efforts to change the seat of justice
were defeated and the county seat remained at Brownstown.
In 1870 the present court house was erected at Brownstown
at a cost of approximately thirty-one thousand dollars. The
first session of the Jackson Circuit court after the state was
admitted to the Union was held at Brownstown beginning
Monday, April 7, 1817, with David Raymond. President Judge,
and Ebenezer McDonald as prosecuting attorney.
Jackson county figures in a queer legislative error, which
for a time made it doubtful as to what circuit the county
really belonged. The act of March 6, 1889, had constituted
The County Courts 765
Jackson, Washington and Orange as the Forty-second circuit,
and this circuit remained unchanged until 1905. The act of
March 11, 1905, united Jackson and Scott counties in the
Sixty-first circuit, notwithstanding the fact that eight days
previously the Legislature had made Fountain county the sole
county of the Sixty-first circuit. The facts in the inatter are
substantially these. At the time the bill to create the Jackson-
Scott circuit was introduced in the Senate, there was another
bill pending in the House to establish Fountain county also as
the Sixty-first circuit. The Senate passed the bill creating
the Jackson-Scott circuit, calling it the Sixty-first. But before
the bill was passed, the House passed another bill making
Fountain the Sixty-first circuit. Later both the House and
the Senate passed the bill of the other house and as a result
there appeared on the statutes two Sixty-first circuits. It
seems queer that such a thing could actually be done without
someone being cognizant of the same number being applied to
both circuits — but it was actually done and it was not recti-
fied until two years later. The act of February 13, 1907,
united Jackson and Scott counties in the Fortieth circuit,
where they have since remained. There had been no Fortieth
circuit since 1880, at which time Steuben and Dekalb counties,
which had been temporarily made the Fortieth circuit, were
again joined with Noble in the Thirty-fifth circuit.
At the time the two Sixty-first circuits were established
there was a question as to which circuit was legally entitled
to be so called, but as the bill making Fountain the Sixty-first
was the first to receive the signature of the Governor, it was
the Jackson-Scott circuit which was in question. The Su-
preme court took notice informally of the situation and in-
formed Governor Hanly that inasmuch as the bill specifically
provided that the circuit should be composed of Jackson and
Scott it did not make any difference.
Governor Hanly appointed John M. Lewis Judge of the
Jackson-Scott Sixty-first circuit on March 16, 1905, to serve
until a successor was elected and qualified. Joseph H. Shea
was elected at the November, 1906, election and took
the oflSce in the following month. Judge Lewis and Judge-
elect Shea agreed after the election that the former should
766
Courts and Lawyers of Indiana
continue on the bench until January 1, 1907, but the change
was effected during the preceding December. Judge Shea was
later elected to the Appellate bench, but resigned in February,
1916, to accept an appointment as minister to Chile.
TERRITORIAL JUDICIARY.
January 1, ISIG Associate Judges of the Circuit court: Joseph
Kitchell and John Kelchnian.
January 1, 1816 Justices of the peace: Cyrus Douglas and Wil-
liam Crenshaw.
June 7, 1S16 Justices of the peace: William Fliuu, James
Trotter, Heury Rogers. Charles Crabb, Harry
Kitchell and William Ruddick.
August 7, 1816 Associate Judge of the Circuit court: Cyrus
Douglas.
ASSOCIATE JUDGES.
Leonard C. Shoemaker, February 24, 1817.
James McGee February 24, 1817.
Abel Findley August 20, 1823: resignation filed July 20. 1829.
Jesse Rowland August 20. 1823; resignation filed September 13,
1826.
William Williams November 9, 1826 (special election), vice Jesse
Rowland, resigned. William Williams' resigna-
tion filed June 20, 1829.
Thomas Ewing August 29, 1829 (special election), to serve seven
years from ,August 20. 1823. vice William Wil-
liams, resigned.
Thomas Ewing September 8, 1830, to serve seven years from Feb-
ruary 24, 1831.
Morgan Huff September 8, 1830. to serve seven years from Feb-
ruary 24, 1831.
Edwiu H. Parsley August 21. 1837, to serve seven years from Feb-
ruary 24, 1838.
Eli M. Dailey August 21, 1837, to serve seven yeai-s from Feb-
ruary 24, 1838.
Edwin H. Parsley August 20, 1844, to serve seven years from Feb-
24, 1845.
Andrew Robertson August 20. 1844, to serve seven years from Feb-
ruary 24, 1845: resigned, August, 1847.
Adam Miller October 4, 1847 (special election), to serve seven
years from February 24, 1845.
James Ireland August 19, 1851, to serve seven years from Feb-
ruary 24, 1852.
William Berkey .\ugust 19. 1851, to serve seven years from Feb-
ruary 24, 1852.
The County Courts 767
PROBATE JUDGES.
Ahel Findley August 29, lS2!t.
Abel Fimlley August 10, 1836.
Samuel W. Tanner August 12, 1S43. resigned.
William Williams August 20, 1S46.
COMMON PLEAS JUDGES.
James R. E. Goodlet— 1852-56.
Frank Emerson 1856-60.
Ralph Applewhite 1860; resigned April 2S, 1862.
Simon Stansifer Appointed April 28. 1862-November 1, 1S62.
Beattie McClellan 1862-64.
Jeptha D. Xew 1864-68.
Frank Emerson 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
E. D. Fearsoh 18.52-54.
Ralph Applewhite 1854-56.
Robert McAftee 1856-60.
Lycurgus Irwin 1860-62. resigned.
Jeremiah Bundy Appointed January 17, 1862.
Jeptha D. New 1862-64.
William L. Bane 1864-65. resigned
John M. Kerr Appointed Augu.'^t 25, 1865.
Marion Jlooney 18fl."i-G6.
Newton Crooke 18(;0-70.
Wilson S. Swengel 187<l-72.
George W. Cooper 1872-73.
PRESIDENT JUDGES.
David Raymond Deeember 21, 1816-October 13, 1817. resigned. Sec-
ond circuit.
Davis Floyd Ajipointed October 13. l.S17-December IS, 1823.
John F. Ross December 1.8, 1823; died in office in 1834.
John H. Thompson Appointed July 5, 1834-Deeember 20, 1844.
William T. Otto December 20. lS44-October 12, 1852.
CIRCUIT JUDGES.
George A. Bicknell Octolier 12, 1.852-Mareh 6, 1873. The act of March
6. 1873, took Jackson out of the Second and put
it in the Third with Washington and Harrison.
Frank Emerson Appointed March 15, 1873-October 22, 1873.
Thomas C. Slaughter..October 22, 1873-March 3, 1877. The act of March
3, 1877, put Jackson in the Forty-second with
Washington.
Thomas L. Collins Appointed March 10, 1877; died in office in June,
1890.
William Farrell Appointed June 8, 1890-November 10, 1980.
768 Courts and Lawyers of Indiana
Samuel B. Voyles Xoveruber 10, ISOO: died in office A'ovember 21,
1S9S.
David JI. Alsinn.^n Appointed November 25, ISOS-Xovember IC, 1000.
Thomas B. Busldrlv November 16, 1900-March 11, 1905. The act of
March 11. 1905, made Jaclison and Scott the Sixt.v-
first circuit, which was an error, but it was rec-
tified by the following Legislature February 13,
1907, when they were made the Fortieth.
John JI. Lewis Appointed March 16, 1005-November 16, 1906.
Judge Lewis was appointed to serve on the bench
while Jackson and Scott composed the Sixty-first.
Joseph H. Shea November 16, 1906-November 19, 1912. The act of
JLarch 4, 1911, made Jackson and Lawrence the
Fortieth, where they have since remained.
Oreu O. Swails November 19, 1912; term expires November 19.
191S.
Although the commission of Judge Shea was dated November 16, 1906,
he did not assume the office at that time, owing to the fact that he had
some legal matters on hand which he wished to conclude before he
ascended the bench. He and Judge Lewis agreed that the latter should
continue in office until January 1, 1907, but before that time Judge Lewis
was employed in some litigation and Judge Shea qualified during Decem-
ber, 1906.
PROSECUTING ATTORNEYS.
John Kiugslniry .Vugust 9. 1824-August 14. 1826. Second circuit.
Milton Stapp August 14. lS26-December 30, 1826.
John Kingsbury December 30, lS26-December 30, 182S.
John H. Thompson -. .December 30, 1828-Deceniber 30, 1832.
Isaac Howk December 30, 1832-Juue 5, 1833; died.
Charles Dewey . Appointed June 5, lS33-June 4, 1836; transferred
to Supreme Court.
John W. Tayne _. Appointed June 4, lS36-December 12. 1840.
Theodore 1. Haraett___December 12, lS40-July 13, 1842; resigned.
William A. Porter July 13, lS42-December 14, 1844.
Cyrus L. Dunham December 14. 1844-December 14. 1846.
George A. Bicknell August 15, lS51-October 12, 1852.
Samuel W. Short October 12, ]S52-Mareh 8, 1854, resigned. Second
circuit.
I'.'trick H. Jowett. — --. -Appointed March 8, 1854-November 19, 1856.
Thomas M. Browne. -.November 19, lS56-November 7, 1858.
Robert W. Weir November 7, 185S-November 7, 1860.
Ambrose B. Carlton November 7, 1860-November 7, 1862,
Thomas M. Bro.vne November 7, 1862-November 7, 1866.
Robert W. Weir November 7. 1866-November 7, 1870,
Robert J; Shav; November 24, 1870-March 6. 1873. The act of
March 6. 1873. took Jackson out of the Second and
put it in the Third.
The County Courts 769
Alfred B. Collins ... _Appointeil March 15, l.S73-October 22, 1873.
Samuel B. Voyles. October 22. 1873-March 3, 1S77. The act of JIarch
3, 1877, put Jacksou iu the Forty-second.
Fred L. Prow October 22. 1877-October 22, 1881. The act of
JIarch 3, 1877, transferred Prow from the Third
to the Forty-second.
William T. Branaman.October 22. lS81-October 22. 1885.
David H. Long October 22. 1885-October 22, 1889.
William T. Brauamau— October 22, lS89-October 22, 189.5.
Thomas M. Honau October 22, lS95-January 1, 1902.
Simeon il. Hudson January 1. 1902-rebruary 23. 1004; vacancy de-
clared.
John JI. Lewis Appointed February 23. 19(l-l-Jnnuary 1. 1005.
William H. Voyles January 1, 1005-March 16. 1005. The act of March
11, 1905, made Jackson aud Scott the Sixty-first,
which was an error, but it was rectified by the
following Legislature, February 13, 1907, when
they were made the Fortieth.
Snnfnrd Muriihy March 16, 1905- November 16, 1906.
Ori'u O. Swails November 16, 1906-January 1, 1911. The act of
February 13, 1907, put Jackson aud Scott in the
Fortieth; transferred Swails to the Fortieth.
N'oble Hays January 1, 1911-January 1, 1013. The act of JIarch
4, 1011, made Jackson and Lawrence the Fortieth,
where they have since remained.
John H. T'nderwood.._..Lanu.-iry 1. 1013-January 1. 1015.
^L■u■sll;lll Woolery January 1, 1015; term expires January 1, 1917.
Jasper County.
Jasper county came into existence as a result of the legis-
lative act of February 17, 1838. and began its career as an
independent county on the 15th of the following month.
Jasper has had its county seats scattered over more territory
than any county in the state. It started as a separate county,
March 15, 1838, and included not only its present territory,
but the present county of Newton and most of Benton as well.
The first county seat was located at Parish Grove, thirty miles
south of the present seat of .iustice, and five miles southwest
of Fowler, the county seat of Benton county. This was chosen
because it was near the center of the population and for the
additional reason that it was one of the few high and dry
spots in the county. Here the county commissioners held
(49)
770 Courts and Lawyers of Indiana
their first session in 1838. At this meeting they considered
the question of changing the site of the temporary county
seat to the cabin of George W. Spitler in what is now Iroquois
towaiship, Newton county, if the residents of Pine township
(now Parish Grove township, Benton county), were in favor
of the change. A petition was ordered circulated in order to
get the opinion of the Pine township citizens, and the result
showed sixteen in favor and eight against the proposed re-
moval. The change was largely brought about because Spitler
had been elected county clerk and he refused to serve unless
the place of business was brought nearer to his residence.
The county commissioners held their March, 1839, meeting at
the home of Spitler, the new temporary county seat. This
temporary arrangement was upset by the legislative act of
January 29, 1839, which named commissioners from White,
Fountain, Warren and Tippecanoe counties to meet in Jasper
county on the first Monday of June, 1839, to examine the
counties of Jasper and Newton to see whether they should
not be consolidated. If they considered it the best thing for
the two counties they were to select a county seat for the en-
larged county. Furthermore the new county was to be called
Jasper and the county seat, Newton. The state commissioners
met in June, 1839, and decided that the best interests of the
two counties demanded consolidation. They selected the pres-
ent site of Rensselaer for the county seat, although it was
called Newton in accordance with the legislative act provid-
ing for its location. The original plat of the newly-chosen
county seat was filed June 12, 1839. The early history of the
county is hard to straighten out, owing to two destructive fires
in the court house. The first occurred in 1843 and destroyed
practically all the records. The second happened in 1864, and
was generally supposed to have been the work of an incendiary
who was interested in the destruction of the records. The
whole interior and roof of the building was burned and all
the papers and records of the county were destroyed except a
few which could be saved from the outside.
The first court in Jasper county was held in the spring of
1839 at the house of George W. Spitler near Lyon's mill, in
w^hat is now Newton county. Isaac A. Naylor was the Presi-
The County Courts 771
dent Judge and Matthew Terflinger and James T. Timmons
were the Associate Judges. Joseph A. Wright, later congress-
man, Governor of the state and United States minister to
Germany, was appointed the first prosecuting attorney. It
is interesting to note in this connection that Spitler, who, it
appears, was the leading citizen of the county, built a small
log building, sixteen feet square, in the yard adjoining his
house, which served not only as a court house, but also served
as a sleeping room for the Judge, lawyers, jury and witnesses.
The first court convened in Rensselaer in April, 1840, at the
"old half demolished cabin" situated near the residence of a
man by the name of Merkle. The first building to serve as
a court house was a small frame structure on Cornelia street,
but when Judge John W. Wright came to the village to hold
court in the spring of 1841, the "bedbugs had taken posses-
sion of the court room," and court was adjourned to an un-
finished building designed as a blacksmith shop. In 1845 Van
Rensselaer erected a two-story frame building, thirty-one by
thirty-six feet, at his own expense and this served until 1857,
when a brick court house was built on the public square.
ASSOCIATE JUDGES.
James T. Timiuons May 1, ISoS, to serve seven years from date; re-
signed March, 18J0.
Matthew Terflinger May 1, 1S3S, to serve seven years from date.
John Coou August 17., 1840 (special election), to serve seven
years from May 1, 1838, vice James T. Timmons,
resigned. John Coon resigned, September, 1841.
John Lyons August 17, 1840, to serve seven years.
John Cozart November 6, 1841 (special election), to serve seven
years from May 1, 1S3S.
Paris Robinson November 6, 1841 (siiecial election), to serve seven
years from May 1, 1838.
Robert Glover August 21, 1844, to serve seven years from May 1,
1845 ; died prior to August 5, 1850.
Paris Robinson August 21, 1844, to serve seven years from May 1,
1845.
John Leffler August 20, 1850, to serve seven years from May 1,
1845, vice Robert Glover, deceased.
Samuel JlcCullnch August 21, 1851, to serve seven years from Jlay 1,
1852.
Robert Parlier August 21, 1851, to serve seven years from May 1,
1852.
772 Courts and Lawyers of Indiana
PROBATE JUDGES.
David McConnell August 22, 183S.
William A. Waters August 17, 1840; resigned. May, 1841.
Samuel M. Dunn November 6, 1841 (special election), to serve seven
years from date.
Samuel W. Dunn August 29. 1848. to serve seven years from Novem-
l)er 16, 1848; died August 21, 1850.
Benjamin Welsh September 24. 1850, to serve until successor is
elected.
Benjamin Welsh August 21, 1851, to serve seven years from date.
COMMON PLEAS JUDGES.
Daniel Mills 1852-56.
William R. Boyer 1856-60.
William C. Talcott 1860-68.
Hiram A. Gillett 1808-73.
DISTRICT PROSECUTING ATTORNEYS.
James li. M. Bryant— 1852-56.
William H. Thompson- 1856-57, resigned.
Henry M. Nourse Appointed August 13, 1857-60.
R. S. Dwiggins 1860-62. .
Oliver W. Ray 1862-64.
James Burson 1864-66.
Elisha C. Fields 1866-68.
William H. Martin 1808-70.
William T. Horine 1870-72.
Xewton T. Bozart 1872-73.
PRESIDENT JUDGES.
Isaac Naylor March 15. 1838-December 14. 1841. The act of De-
cember 14, 1841. took Jasiier out of the First and
put it in the Eighth.
John W. Wright December 15. 1841-January 29. 1847.
Horace P. Riddle January 29. 1847; resigned April 20. 1852.
Robert H. Milroy Appointed August 20. 1852-October 12. 1852.
CIRCUIT JUDGES.
William P. Bryant October 12. 1852-January 21. 18.53. The act of
January 21. 1853. took Jasper out of the Eighth
and put it in the Ninth.
Thomas S. Stanfield-_-January 21, 1853-February 9, 1855. The act of
February 9, 1855. put Jasper in the Twelfth.
John Pettit Appointed March 5, 1855; resigned, October 7.
1855.
David Turpie Appointed October 7. lS55-Novcnilicr :>. ls.-,5.
Andrew Ingram November 9. 1855; resigned Ajiril U, ls.-,7.
John Pettit Appointed April 13, 18.57-October 27. 1857.
The County Courts 773
Charles H. Test October 27, 1857-October 24, 1870.
David P. Viutoii October 24, 1870-March 6, 1873. The act of March
6, 1873, put Jasper in the Thirtieth.
Edwin P. Hammond. —Appointed in March, 1873; resigned May 21, 1883.
Peter H. Ward Appointed May 21, 1883-November 14, 1890.
Edwin P. Hammond November 14, 1890; resigned in August, 1892.
U. Z. Wiley Appointed August 31, 1892; resigned October 12,
1896.
William Darroch Appointed October 13, 1896-November 10, 189C.
•Simon P. Thompson November 10, 1896-November 10, 1902. The act of
February 24, 1899, constituted Jasper and Newton
the only counties In the Thirtieth, where they have
since remained.
Charles W. Hanley November 10, 1902; term expires November 10,
1920.
PROSECUTING ATTORNEYS.
John Law August 9, 1824-January 25, 1.830. First circuit.
Edward A. Haunegan—January 25, 1830-January 25, 1832.
Andrew Ing^'am January 25, lS32-January 23, 1834.
William P. Bryant January 23. 1834-January 23, 1838.
Joseph A. Wright January 23, 183S-December 5, 1839.
Samuel C. Willson December 5, 18.39-December 14, 1841. The act of
December 14, 1841. took Jasper out of the First
and put it in the Eighth.
Spier S. Tipton December 15. lS41-December 15. 1843.
William Z. Stuart December 15, 1843-December 15, 1845.
David M. Dunn December 15, 1845-December 15, 1847.
William Potter August 23, 1849-August 28, 1851, resigned.
Oeorge E. Gordon. _Augu.st 28, 1851; resigned. September 15, 18.52.
John M. Wilson ..-Appointed September 15, 1852-October 12, 1.S.52.
Lewis Wallace October 12, 1852-May 14, 1853. Eighth circuit.
Daniel W. ^'oorhees . —Appointed May 14, 1853-July 24. 18.54. resigned.
Samuel L. Telford-. ..Appointed July 24, 1854-November 7, 1854.
Charles A. Naylor November 7. lS54-October 1, 1856, resigned. The
act of February 9, 1855, tooli Jasper out of the
Eighth and put it in the Twelfth. This act trans-
ferred Naylor to the Twelfth from the Eighth.
Jobn L. Miller October 30, 1856-November 3, 1.862.
William D. Loe November 3, lS62-November 3. 1.S64.
Frank Ti. Everett November 3. 1.864-November 3, 1.S68.
James I. Justice November 3, 1868-November 3, 1.S70.
Frank K. Everett November 3, 1.870-November 3, 1.872.
Sinion P. Thompson... November 3, 1872-November 3, 1876. The act of
March G, 1873. put Jasper in the Thirtieth. This
act transferred Thompson from the Twelfth to the
Thirtieth.
774 Courts and Lawyers of Indiana
Harry S. Travis November 3, lS76-November 3. 1S7S.
Frank W. Babeock November 3, lS78-November 3, ISSO.
David L. Bishop. November 3, ISSO-November 17, 1882.
Mathew H. W;ilker November 17, 1882-November 17, 1886.
Ralph W. Marshall November 17, 1886-November 17, 1890.
John T. Browu November 17. lS90-November 15, IS&i.
T. C. Annabel November 15, 1894; died after taking office.
James W. Doiitbit Appointed March 30. 1895-November 17, 1896.
Albert E. Ghiznm November 17. lS96-April 21, 1899, resigned. The
act of February 21, 1899, constituted Jasi^er and
Newton the only only counties in the Thirtieth,
where they have since remained.
Charles E, .Alills Appointed April 21, lS99-January 1. 1901.
John D. .link Januaiy 1, 1901-January 1, 1905.
Robert O. Graves January 1, 1905-January 1, 1909.
Fred H. Longwell .-January 1, 1900- January 1, 1915.
Reuben Hess January 1, 1915; term expires January 1, 1917.
Jay County.
Jay county was organized by the Legislature, February 6,
1836, and the act became effective the 1st of the following
month. Jay county has never had any county seat conflicts
since the first year of its existence. At the outset there was
considerable rivalry between Camden and Portland, the former
being a much more important place at that time. In fact,
the locating commissioners looked with favor upon Camden,
but it was too far from the center of the county to receive
serious consideration. When the locating commissioners met
on the first Monday of June, 1836, they selected the site of the
present Portland, but it was not until December 5 of the
same year that the board of county commissioners gave the
new county seat the name of Portland. The county erected
a fine log court house in the summer of 1837 for the sum of
one hundred twenty-three dollars and twenty-five cents.
The first term of the Circuit court in Jay county was held
April 17, 1837, at the house of Henry N. Cuppy, the county
treasurer, who lived a short distance south of the present
city of Portland. Charles W. Ewing was the President Judge
and Enoch Bowden was the only Associate Judge present.
James Graves had been elected Associate Judge in August,
1836, but failed to qualify and Obadiah Winters was appointed
The County Courts 775
to fill the vacancy until a successor was chosen. Thomas
Johnson, of Fort Wayne, was the first prosecuting attorney.
Jeremiah Smith was the only lawyer present at the first ses-
sion of the Circuit court with the exception of the Judges and
prosecuting attorney.
Charles W. Ewing served as President Judge of the Circuit
including Jay county until 1839, when he was succeeded by
Morrison Rulon, who had but recently been admitted to the
bar. Rulon evidently realized his inability to handle the court
and resigned before he had held a session. The Governor
appointed David Kilgore to fill the vacancy and by subsequent
election Kilgore remained in the office until 1846. Jeremiah
Smith took the bench in 1848 and served until the oflfice was
abolished by the new Constitution.
There v/ere only four Associate Judges of Jay county dur-
ing the fifteen years which elapsed from its organization until
the office was abolished. Enoch Bowden and Obadiah Winters
were the first incumbents, the former retiring in 1843 in favor
of Abraham C. Smith, who held until 1850. Bowden was then
elected again and was in the office when it was abolished.
Winters held the oflice from 1837 to 1850 and was succeeded
by John Current, who was on the bench the remaining two
years the office was in existence.
The first term of the Probate court in Jay county was held
in the new log court house at Portland on May 14, 1838, before
Enoch Bowden and Obadiah Winters, the Associate Judges
of the Circuit court. In August, 1839, George C. Whiteman
was elected Probate Judge and held the office continuously
until it was abolished by the Constitution of 1852.
The first term of the Common Pleas court in Jay county
was held by Nathan B. Hawkins on January 17, 1853, Jay
county then being united with Randolph in a Common Pleas
circuit. Judge Hawkins was elected Judge of the circuit in
October, 1852, and died in office October 20, 1853. James
Brown of Randolph county, was appointed by the Governor to
fill the vacancy and held the office until William A. Peelle was
elected in August, 1854. Judge Peelle was succeeded two years
later by Jacob M. Haynes, of Jay county. In 1859 the Common
Pleas circuit was enlarged to include the counties of Jay, Ran-
776 Courts and Lawyers of Indiana
dolph, Delaware and Blackford and Judge Haynes was re-
elected the same year to preside over the court of the new
district. Upon the resignation of Judge Haynes in the fall
of 1871 to become Judge of the Thirteenth circuit, John J.
Cheney was appointed, the latter serving until the court was
abolished in 1873.
ASSOCIATE JUDGES.
J.nnies Graves October 10, 1836. to serve seven yenrs from dnte;
resigned, February. 1837.
Enoch Bowden October 10, 1836, to serve seven ye.nrs from date.
Obadiah Winters April 12, 1S37 (special election), to serve seven
years from October 10, 1836, vice James Graves,
resigned.
Obadiah Winters August 21, 1843. to serve seven years from October
10. 1843.
Abram C. Smith August 22. 1850, to serve seven years from October
10, 1850.
Enoch Bowden August 22, 1850, to serve seven years from October
10, 1850.
John Current .Vugust 22, 1850. to serve seven years from October
10, 1850.
PROBATE JUDGES.
George C. Whiteman.. .October 20, 1839.
George C. Whiteman— -August 21, 1846.
COMMON PLEAS JUDGES.
Nathan B. Hawkins 1852; died in otBce October 10, 1853.
James Brown Appointed October 24, lS53-October 23, 1854.
William A. Peele 1854-56.
Jacob M. Haynes 1856-71. resigned.
John J. Cheney .\ppointed November 22, 1871-73.
DISTRICT PROSECUTING ATTORNEYS.
William Moorman 1852-54.
John J. Cheney 1854-56.
Enos T^. Watson 18.56-60.
T. J. Hosford 1860-62.
Enos L. Watson 1862-64.
John T. Hawkins 1864-66.
.Arthur C. Mellett 1866-68.
riiillip A. B. Kennedy— 1868-72.
William H. Lewis 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts March 1. lS.30-July 5. 18.35, never hebl court in
Jay county. Eighth circuit.
The County Courts 777
S:imuel C. Sample Aiipointed July 5, IS.Sti-Deceniber 10, 1836; trans-
ferred to the Xiuth. Never lielcl court in Jay
county.
Charles W. Ewing December 10, lS36-January 28, 1,839. The act of
January 28, 1S39, put Jay in the Eleventh.
Morrison Rulon Appointed January 30, 1S30; never qualified.
David Kilgore _-Appointeti March 1, lS39-January 80, 1S4G.
Jeremiah Smith January 30. 1846-October 12, 1852.
CIRCUIT JUDGES.
Joseph Anthony October 12, 18.52- February 9, 1855. The act of
February 9. 1855, took Jay out of the Seventh and
put it in the Thirteenth with Wayne, Randolph
and Blackford.
Jeremiah Smith Appointed February 21. lS5.5-October 20. 1855.
Jehu T. Elliott October 20, 1855; resigned to take effect January
2. 1865.
Silas Colgrove Appointed January 2. lS65-November 23. 1871.
Jacob M. Haynes November 23. lS71-November 23. 1877. The act of
March 6, 1873. put Jay in the Twenty-.sixth with
Adams and Wells, and transferred Haynes to the
Twenty-sixth from the Thirteenth.
James R. Bobo November 23. 1877-Xovember 23. 1889.
Daniel D. Heller November 23. 1889-March 1. 1897. The act of
March 1. 1897, made Jay the sole county in the
newly created Fifty-eighth, where it has since re-
mained.
John W. IIeadington__Ai>ii(iiiited M;irch 23, 1897-November 8, 1898.
John JI. Smith Xovenil'er 8. 18!i8-November 8. 1904.
John F. E.-ifollette November 8. 1904-Noveniber 17, 1910.
James J. Moran November 17, 1910; resigned in February, 1915,
to become Appellate Judge in place of Frank I'ow-
ers. deceased.
J:icob F. Denney Appointed February 10, 1915; term expires Novem-
ber 17, 1916.
PROSECUTING ATTORNEYS.
John B. Chapman January 19, ]S33-August 11, 1834. resigned. Eighth
circuit.
Samuel C. Sample Appointed August 11, ]S34-July 5, 1836, resigned.
Joseph Ij. Jernegan Appointed July 5, 1836-December 10, 1836; trans-
ferred to Ninth.
Tlumias Johnson December 10, 1836-December 3, 1838.
.lohn W. Wright December 3. lS38-January 28, 1839. The act of
January 28. 1839. put Jay in the Eleventh.
Jehu T. Elliott Appointed February IS. 1.839-August 30. 18.39, re-
signed.
John Brownlee Appointed .\ugust 20, lS39-December 5, 1839.
778 Courts and Lawyers of Indiana
Jeremiah Smith December 5. lS39-December 15. 1841. ,
John M. Wallace December 15, lS41-November 14. 1S43. resigned.
John Davis Amioiuted November 14, lS43-September 7, 1S46.
Joseph S. Buckles September 7. lS46-September 7, 1S4S.
William Garver August 20. 1851-October 12, 1852.
Silas Colgrove Octaber 12, 1852-Xovember 7, 1854. Seventh cir-
cuit.
Elijtih B. Jlartinaale_- November 7, lS.54-October 20, 1855. The act of
Februai-y 9, 1855, took Jay out of the Seventh and
put it in the Thirteenth. This act transferred Jlar-
tindale from the Seventh to the Thirteenth.
Thomas M. Browne October 20, lS55-October 22, 1861.
James N. Templer October 22, lS61-November 23, 1867.
Daniel M. Bradbury November 23, 1867-October 24, 1870.
Elisha B. Reynolds October 24, lS70-October 21, 1872.
Daniel W. Comstock October 21, lS72-March 6, 1873. The act of March
6, 1873, put Jay in the Twenty-sixth and trans-
ferred Comstock to the Seventeenth and Dailey
from the Eighth to the Twenty-sixth.
Joseph S. Dailey March 6, lS73-November 3, 1876.
Joshua Bishop November 3, 1876-December 29, 1876.
Luther I. Baker Appointed December 29, 1876-October 26, 1880.
John T. France October 26, 18S0-November 17, 1884.
Edwin C. Vaughn November 17, 18S4-March 3, 1885. Transferred to
Twenty-eighth by act of March 3, 1SS5.
Oscar H. Adair Appointed March 9, 1885-November 17, 1888.
Richard H. Hartford_.\'ovember 17, lSS8-November 17, 1890.
George T. Whitaker November 17. lS90-November 17, 1892.
Richard H. Hartford November 17, lS92-November 17, 1894.
F. H. Snyder \ovember 17, 1894-November 17, 1896.
David E. Smith November 17. 1896-March 1. 1897. The act of
March 1, 1897, made Jay the sole county in the
newly created Fifty-eighth, where it has since re-
mained.
Daniel E. Greiner Appointed March 23. 1897-January 1. 1901.
Adelma Dargoo January 1. 1901-January 1, 1903.
Ro.scoe D. Wheat January 1, 1903-January 1, 1907.
J.unes R. Fleming January 1, 1907-January 1, 1911.
Malcolm V. Skinner January 1, 1911-January 1, 1915.
John J. O'Neill January 1, 1915: term expires January 1, 1917.
Jefferson County.
Jefferson county was organized by an act of the Territorial
Legislature on November 23, 1810, but the act did not be-
come effective until the first of the following February. Prior
The County Courts 779
to that time the county had been a part of Clark county, the
latter being organized on February 3, 1801. The county seat
was located at Madison the same year the county was organ-
ized and no other town in the county has ever been considered
as the seat of justice.
Madison was laid out by John Paul, Jonathan Lyon and
Lewis Davis, the plat being recorded on June 12, 1812. The
land on which the town stood was bought by Paul from the
United States government in 1809 and he at once planned to
establish a town on the site. He sold the first lots in Febru-
ary, 1811, immediately after the county was formally organ-
ized. Later in the same year he sold part of the town site to
Jonathan Lyon and Lewis Davis and the three men became
the proprietors of the newly-selected county seat. This part-
nership was dissolved in 1820, when Lyon and Davis sold
their entire interests in the town to Jacob Burnett, of Cin-
cinnati, and J. F. Canby, of Madison.
Jeff'erson county was under the territorial government of
Indiana for six years (1810-16) and during this time all of
the local officials were commissioned directly by the Governor
of the territory. The names of these territorial officials, to-
gether with the dates of their commissions, have been taken
from the Executive Journal of Indiana territory, a large
ledger which is kept in the secretary of state's office, Indian-
apolis. This list includes the judges, prosecuting attorneys
and justices of the peace and is here given in the order in
which they appear on the original record :
TERRITORIAL, JUDICIARY.
December 13, ISIO Justices of the peace: William Cotton. George
Craig, Samuel Smock, Samuel McKinley, Thomas
McFarlaud and Jesse Evans.
December 14. ISIO Justices of the peace: Robert JI. Trotter, Ralpli
Cotton and Elisha Golay.
December 14, 1810 Prosecuting attorney: James Dill, for the coun-
ties of Jefferson and Dearborn.
December IS, 1810 Judges of the Court of Common Pleas: William
McFarland, first Judge ; Samuel Smoclj, second
Judge; William Cotton, third Judge.
January 21, 1811 Justices of the peace: Williajnson Dunn, Jolm
Maxwell, Daniel Robbins and Michael Monroe.
780 Courts and Lawyers of Indiana
Mai-cli 4. 181] Justices of the peace: John Cline and William
Hall.
May 22, ISll Judge of the Court of Common Pleas: Williamson
Dunn, vice William McFarlaud, resigned.
July 16. 1811 I'rosecutiug attorney: Alexander Jleek.
July 2G, 1811- Justice of the peace: Gerardus Ryker.
December 16, 1811 Justices of the peace: Joshua Deputy :.Uil Al ra-
ham Long.
November 4, 1812 rroseeuting attorney: Jesse L. Holman.
February 2t-'. 1813 Justice of the peace: Samuel Alexander.
June 9. 1S13 Judge of the Court of Common Pleas: Christo-
I)ber Harrison.
August 1."?, 1S13 Justices of the peace: Dawson Blackmore and
James Ward.
January 0. ]S14 Judges of the Circuit court: Samuel Smock, first
Judge; William Cotton, second Judge; Christopher
Harrison, third Judge.
May 24. 1814 Justice of the peace : Samuel Patterson.
July 25, 1S14 Justices of the peace: George Shannon and John
Francis Dufour.
July 25, 1814 Judge of the Circuit court: Williamson Dunn.
September 15, 1S14 Associate Judge of the Circuit court: Christopher
Harrison, first associate: Williamson Dunn, sec-
ond associate.
Xovemlier 14. 1814 Justices of the peace: Jacob Short and Thomas
Taylor.
December 22, ^S^4 Associate Judge of the Circuit court: Nathaniel
Hunt, vice Christopher Harrison, resigned.
.May 10, 1815 Justices of the peace: Christopher Harrison, Jo-
seph Strickland, James Stott, Ekellis Wilhite and
John Thom.
August 11, 1815 Justice of the peace: John Burns.
Xoveniber 18. 1815 Ju.stices of the peace: Alexander Lewis. James
Wooley and Bazil Bently.
December 16, 1815 Justice of the peace: Jacob Leer.
January 23, 1S16_ Justice of the peace: John Bradford.
March 23. 1S16 Justice of the peace: James McCale.
June 1. 1816 Justice of the peace: Jacob Rhoads.
June 22. 1S16 Justices of the peace: Joseph Howard, John H.
Bray and M. Hosatt.
The territorial system of courts bore little resemblance
to the system established by the Constitution of 1816. The
first court in Jefferson county was known as a Common Pleas
court. The first entry of this court reads as follows :
"Pleas at the Court House in Madison, Jefferson County,
The County Courts 781
Indiana Territory — Before the Hon'ble Samuel Smock, Will-
iam Cotton and Williamson Dunn, Gent Judges of the said
County on Tuesday the 22nd day of October 1811."
At this first session a grand jury of eighteen "good and
lawful men" was impaneled and took the oath to do their whole
duty in apprehending the criminals of the county. These men
were as follows: Henry Ristine (foreman), David Cum-
mings, Joseph Lane, Samuel Marquis, Thomas Nicholson,
Samuel Maxwell, David H. Maxwell, James Edwards, William
Vawter, Moses Baker, Jacob Rhoads, John Rhoads, Isaiah
Blankenship, Hugh McKay, Joseph Strickland, Charles Eas-
ton. Squire Hall, Joshua Jackson and John Chambers.
The first case tried in Jefferson county concerned one
James Johnston, who was charged with an assault upon Isaac
Jones "in the peace of God and of the United States." The in-
dictment declared that he "did beat, wound & ill treat the
said Jones so that his life was greatly dispaired of and that
he did other wrongs to the said Isaac Jones then and there to
the great damage of him." A jury composed of Samuel Lati-
more, Jesse Gray, John Barns, Samuel Marquis, William Har-
court, Joshua Wilkinson, Colby Underwood, Henry Joseph,
William Hughes, Dawson Blackmore, Samuel Tomlinson and
James Vawter found "the defendant guilty in manner and
form as in the indictment against him alleged." The defend-
ant was ordered to pay a fine of three dollars and the costs
of the prosecution.
The first act of the Territorial Legislature concerning the
division of the territory into judicial circuits was passed
December 31, 1813, but this act was in conflict with the fed-
eral statutes and was set aside by the act of August 30, 1814.
This second act divided the ten counties of the territory into
three judicial circuits, placing Jefferson county in the Second
circuit with Washington, Harrison and Clark counties. Jesse
L. Holman was appointed the President Judge of this circuit
on September 14, 1814, and served in this capacity until the
state was admitted to the Union in 1816.
The first Circuit court (provision for which had been made
by the act of August 30, 1814) convened at Madison on No-
782 Courts and Lawyers of Indiana
vember 7, 1814. The Judges of this court consisted of Jesse
L. Holman, the President Judge of the circuit, and Christo-
pher Harrison and Williamson Dunn, the Associate Judges
of the county. The complete list of Associate Judges who
served during the territorial period has been previously given.
It should be mentioned in this connection that the Judges of
the Circuit court not only handled all the civil, criminal, pro-
bate and juvenile business of the county, but also transacted
all of the business now performed by county commissioners.
When in the latter capacity they formed what was called a
County court. With the adoption of the Constitution of 1816
an entirely new system of court procedure went into opera-
tion.
From 1816 to 1852 the President Judges of Indiana were
elected by the Legislature for a period of seven years. Each
county elected two Judges, known as Associate Judges, who
likewise served seven years, as did the clerk of the court.
During this period Jefferson county was united in different
circuits with various contiguous counties. The first circuit to
which Jefferson was attached under the new Constitution was
created by the act of December 24, 1816. This act placed
Jefferson in the Third circuit with Dearborn, Franklin,
Wayne, Switzerland and Jennings counties. The act of Janu-
ary 28, 1818, created the Second circuit, composed of Jeffer-
son, Harrison, Orange, Washington, Jackson, Clark and Craw-
ford. The next change was made by the act of December 31,
1821. This act constituted the Second circuit with Jefferson,
Clark, Floyd, Harrison, Washington, Jackson and Scott.
Three years later (January 14, 1824) the Second circuit was
enlarged to include Jefferson, Clark, Floyd, Harrison, Wash-
ington, Jackson, Scott, Jennings, Monroe and Lawrence coun-
ties. As the population increased in these several counties
it was found necessary to decrease the circuit and the act
of January 20, 1830, placed Jefferson in the Third circuit
with Franklin, Dearborn, Ripley, Decatur, Switzerland and
Jennings. The act of February 10, 1831, made no change in
the circuit, and the successive acts of February 17, 1838, and
February 28, 1839, left the circuit as it was established in
1831. The last change in the circuit was made with the act of
The County Courts 783
January 15, 1847. This act put Jefferson county into the
Third circuit with Switzerland, Ohio, Jennings and Bartholo-
mew.
The probate business of the various counties of the state
was in the hands of the Circuit court from 1816 to 1818, when
the Legislature provided for the establishment of a special
Probate court in each county in the state. However, the act
did not provide for a special Probate Judge, but placed the
Associate Judges of the Circuit court in charge of the newly
created Probate court. The Associate Judges continued to
administer all probate matters until 1829. On January 23 of
that year the Legislature passed an act providing for an
elective Probate Judge in each county in the state and William
Smith became the first Judge in Jefferson county. He held the
first court under the new act on September 7, 1829, serving
as an appointee until the first regular election in 1830. There
were only four Probate Judges elected in Jefferson county up
until 1852 when the Legislature abolished the court and turned
its business over to the Common Pleas court. The Judges
follow: William Smith, 1829-30; Joseph G. Marshall, 1830-34;
Jesse D. Bright, 1834-39; William Hendricks, Jr., 1839-57;
Williamson Dunn, 1847-52. From 1852 to 1873 the probate
business of the county was in charge of the Common Pleas
court, but when the latter court was abolished in that year the
Circuit court was given jurisdiction over all probate matters.
Each county now carries a separate record for probate busi-
ness.
Jefferson county was one of three counties to establish a
Common Pleas court before 1852. The Legislature passed
an act on February 13, 1851, establishing such a court in
Jefferson county, the act providing that the mayor of Madi-
son, the county seat, should act as Judge of the court until a
Judge was regularly elected and qualified. However, it ap-
pears certain that the court was never really organized for
business. Milton Stapp was mayor of Madison at this time
and a search of the city records fails to reveal any proceedings
of such a court. A. D. Vanosdol, the oldest attorney at the
local bar, carefully examined the records of the mayor's office
784 Courts and Lawyers of Indiana
from April, 1850, to April, 1853, the period of Stapp's incum-
bency, and was unable to find any record of the mayor holding
a session of the Common Pleas court. It is evident that the
knowledge that the Constitutional Convention was considering
a complete revision of the judiciary of the state was responsi-
ble for the nonestablishment of the Common Pleas court in
Jefferson county pursuant to the act of February 15, 1851.
The first session of the Common Pleas court in the county
under the 1852 Constitution was held in January, 1853, with
Charles E. Walker as Judge.
A Criminal court was established in Jefferson county by
the legislative act of May 13, 1868, but it was soon evident
that there was not enough business in the county to justify a
continuance of the court. Accordingly it was abolished by
the act of February 16, 1871, the act becoming effective de-
spite the pocket veto of the Governor. Upon the creation of
this court in Jefferson county the Governor appointed Jere-
miah Sullivan (May 18, 1868) to serve until the first regular
election. The first session of the Jefferson Criminal court was
held on July 5, 1868, and on the same day the court appointed
John W. Linck as prosecutor. Judge Sullivan died in Decem-
ber, 1870, and the Governor immediately appointed John R.
Cravens to fill his unexpired term. Judge Cravens was com-
missioned December 23, 1870, and held his first session of
court on the last day of the same year. Judge Cravens con-
tinued on the bench until the court was abolished in 1871,
the last record of the court being dated March 2, 1871. Since
that time all criminal matters have been handled by the Cir-
cuit court.
The legislative act of June 17, 1852, divided the whole
state into ten judicial circuits, placing Jefferson in the First,
with Ripley, Jennings, Switzerland, Ohio, BrowTi and Bar-
tholomew. The next act affecting the First circuit was passed
February 25, 1869, at which time Ohio county was taken out
of the circuit and united with Union, Franklin and Dearborn
to form the Twenty-sixth circuit. The Act of March 6, 1873,
placed Jefferson and Scott together in the Fifth circuit. Six
years later (March 7, 1879) Jefferson was placed with Swit-
zerland in the Fifth circuit.
The County Courts 785
On February 4, 1891, Jefferson was made the sole county
in the Fifth circuit, Dearborn, Ohio and Switzerland being
constituted the Seventh. The succeeding Legislature (March
4, 1893) passed an act uniting Jefferson county with Clark
in the Fourth circuit, but this act was never carried into effect.
At that time both the Judge (W. T. Friedley) and Prosecutor
(A. D. Vanosdol) of the Fifth circuit lived in Jefferson coun-
ty and the Judge contended that the Legislature did not have
the right to redistrict the county in such a way that they could
not serve out the term for which they were elected. Accord-
ingly the Judge of Jefferson county, William T. Friedley, pro-
ceeded to act on the theory that he was still the Judge, at least
in Jefferson county. At this juncture the Judge of the Clark
Circuit court (G. H. D. Gibson) instituted quo warranto pro-
ceedings against Judge Friedley in an effort to dispossess him
of his seat. A special Judge, S. E. Leland, tried the case and
decided that the act attaching Jefferson to Clark county was
unconstitutional. The decision was appealed to the Supreme
court and that body upheld the decision of the lower court.
Consequently, Jefferson remained the sole county in the Fifth
circuit. As soon as the term for which Judge Friedley was
elected expired the Legislature (February 24, 1897) attached
Switzerland county to Jefferson and these two counties have
constituted the Fifth circuit since that date.
All of the Judges of the circuit to which Jefferson county
has been attached since 1852 with the exception of Downey,
Berkshire and Griffith, were elected from Jefferson county.
Downey was elected from Ohio county, Berkshire, from Jen-
nings, and Griffith from Switzerland county.
ASSOCIATE JUDGES.
Daniel Scalves February 24, 1817.
Johu Pitcher __-Februai-y 24, 1817.
David Hillis Resigned, July, 1820.
Thomas Douslas September 11, 1820; resigned, June, 1S22.
Joseph Strickland September 11, 1820. ^^ce David Hillis, resigned.
David Hillis July 5, 1822, vice Thomas Douglas, resigned.
Dawson Blackmore September 1, 1823; resigned, June, 1828.
Gamaliel Taylor September 1, 1823; resigned, June, 1828.
(50)
786 Courts and Lawyers of Indiana
Orson E. Hough August 14, 1828 (siiecial election), vice Gamaliel
Taylor, resigned.
Elmer Gale September S. 1830, to serve seven years from Feb-
ruary 24, 1831.
Dawson Blaekmore September 8, 1S30. to serve seven years from Feb-
ruary 24, 1831, resigued, April, 1836.
David Cummins June 13, 1836 (special election), vice Dawson
Blaekmore (resigued), to serve seven years from
February 24, 1831.
Ullliam Taylor August 22, 1837, to serve seven years from Feb-
ruary 24, 1838.
Elmer Gale August 22, 1837, to serve seven years from Feb-
ruary 24, 1838.
Robert Kiunear August 10, 1844, to serve seven years from Feb-
ruary 24, 1845.
William M. Taylor _.. August 10, 1844, to serve seven years from Feb-
ruary 24, 1845.
PROBATE JUDGES.
William Smith August 8, 1829.
Joseph G. Marshall May 5, 1830, appointed vice William Smith, re-
signed.
Joseph G. Marshall September, 1830, to serve seven years from Feb-
ruary 24, 1831.
Jesse D. Bright August 9, 1834, vice Joseph G. Marshall (re-
signed), to serve seven years from date.
William Hendricks, Jr._ March 26, 1839.
William Hendricks, Jr._Auguts 10, 1839.
Williamson Dunn August 31, 1846, to serve seven years from De-
cember 29, 1846.
COMMON PLEAS JUDGES.
Charles E. Walker 1852-60.
Francis Adkinson 1860-64.
Robert N. Lamb 1864-68.
Scott Carter 1.S68-73.
DISTRICT PROSECUTING ATTORNEYS.
James X. Allison 1852-54.
James C. Thom 1.S54-59.
William S. Schroyer 1859-60.
John Barber 1860-62.
Solon Russell 1862-64.
William D. Wilson 1864-66.
Albert B. Goden 1866-67.
William P. Adkinsou__ Appointed December 7, 1867-68.
Hugh D. McMuUen 1868-70.
Isaac M. Dunn 1870-73.
The County Courts 787
PRESIDENT JUDGES.
John Test December IS, 1S]G-Jaiuu\ry 28. ISIS. The act of
January 28, ISIS, took Jefferson out of the Third
and put it in tlie Second.
Davis Floyd January 2S, ISlS-December IS. 1S23.
John F. Ross December IS, lS2.3-J;uiuary 20, 1S30. The net of
Januai-y 20, 1S30, put Jefferson in the Third.
Miles C. Eggleston January 20, lS.50-December 20, 1844.
Courtland Gushing December 20. 1.S44 ; resigned. August 9. 1850.
Alexander C. Downey. Appointed August 9. IS.oO-October 12. 18.52.
CIRCUIT JUDGES.
Alexander C. Downey. October 12. 1S52; resigned August 1, 1S5S. First
circuit.
John W. Spencer Appointed August 9, lS5S-October 26, 1S5S.
Joseph W. Chapman___ October 26, ISoS-October 26, 1864,
John G, Berkshire October 26, lS64-jrarch 6, 1873. The act of Marcb
6, 1873, put Jefferson in the Fifth.
John R. Cravens Appointed March 13. 1873-October 22. 1S73.
James Y. Allison October 22, lS73-November 14, 18S4.
William T. Friedley November 14, lSS4-October 22, 1897. The act of
February 24, 1S97, constituted Jefferson and,
Switzerland the only counties in the Fifth, where:
they have since remained.
Perry E. Bear October 22, lS97-October 22, 1903.
Hiram Francisco October 22. 1903-October 22, 1915.
Francis M. GritEth October 22, 1915; term expires October 22. 1921.
PROSECUTING ATTORNEYS.
John Kingsbury August 9, lS24-August 24, 1826, Second circuit.
Milton Stapp August 14, lS26-December 30, 1826.
John Kingsbury December 30, 1826-December 30, 1S2S.
John H. Thompson December 30, lS28-January 20, 1830. The act of
January 20, 1S30, put Jefferson in the Third.
James F. D. Lanier January 25, lS30-January 25, 1832.
John M. Johnson January 25, 1832-February 21, 1833, resigned.
John Test Appointed February 21. 1833-December 5, 1833.
Courtland Cushing ___ December 5, 1883-December 11, 1837,
John Dumont December 11, 1837-December 15, 1841.
George Robinson December 15. 1841-May 18, 1842, died.
John Dumont Appointed May IS. lS42-December 15. 1848.
James Y. Allison August IG, 18.51-October 12. 1852.
Robert P. Moore October 12, lS52-November 7, 1854. First circuit.
Daniel Kelso Novemoer 7, lS54-November 7, 1856,
Francis Adkinson November 7, lS56-November 7, 1858.
George W. Richardson. November 7, lS5S-November 7, 1862.
J:imes M. Myers November 7. 1.S02 ; resigned. June 16. 1864.
Benjamin F. Lewis Appointed June 16, lS64-November 1, 186.5,
788 Courts and Lawyers of Indiana
John A. Miller November 1, ISCS-November 3, ISOS.
John Denton November 3, lS68-November 3, 1872.
John O. Cravens November 3, 1872-March 6, 1873. The act of
March 6, 1873, put Jefferson in the Fifth.
Charles L. Jewett Appointed March 25, 1873-October 22, 1877.
John F. Bellamy October 22, 1877-October 22, 1881.
Eugene G. Hay October 22, 1881-October 22, 1885.
Marcus R. Sulzer October 22. 1885-October 22, 1889.
Perry E. Bear October 22, 18S9-October 22, 1893.
Argus D. Vanosdol October 22, 1893-October 22, 1897. The act of
February 21, 1897, constituted Jefferson and
Switzerland the only counties in the Fifth, v\'here
they have since remained.
Clarence J. Eoberts.__ October 22, lS97-October 22, 1S99.
Simon E. Leland October 22, lS99-January 1, 1902.
Leonard E. Smith January 1. 1902-January 1, 1904.
James R. E. Pheasant- January 1, 1904-January 1, 1906.
Emerson Lemen January 1, 1906-January 1, 1910.
James S. Wright Januaiy 1, 1910-Jauuary 1, 1912.
Curtis Marshall January 1, 1912-January 1. 1916.
Wallace J. Cotton January 1, 1916; term expires January 1, 1918.
Jennings County.
Jennings county was organized by the Legislature on De-
cember 27, 1816, and the act became effective on the first of
the following February. The act organizing the county, ap-
pointed commissioners to select the location for the seat of
justice, and when the commissioners met in March to select
a site, two places were considered. One was about a half
mile southwest of the present town of Vernon and, when it
came to a vote three of the commissioners declared in favor of
this site. The present site, however, was finally selected and
largely because of the influence of John Vavd;er, its first set-
tler. On the first day of April, 1817, Vawter and David Mc-
Clure made a proposition to the locating commissioners which
resulted in the selection of Vernon. They proposed to give
the county a sufficient tract of land for the public buildings
and also a considerable tract which could be sold, but stipu-
lated that the proceeds of the land for sale should be devoted
exclusively to the erection of county buildings. In addition
to this generous gift, Vawter and McClure gave two acres
for burial purposes and three lots of one acre each for churches
The County Courts 789
or school houses. Another strange proposition in their offer
was their proposal that the eastern part of the town as then
laid out should be forever open and common to the citizens of
the town and county. As a final and, to the commissioners,
a very convincing argument for the selection of their site,
they offered to obligate themselves to pay four hundred dol-
lars in cash, twelve months after date. Undoubtedly, it was
this latter proposal which carried the day. Here the county
seat has always remained, although within the last few years.
North Vernon, a town a mile and a half to the north, has made
strenuous efforts to secure the county seat. The Legislature
passed an act on March 15, 1913, which provided for an elec-
tion to determine whether the county seat should be moved
from Vernon to North Vernon. The change was to be made
if sixty per cent of the voters were in favor of the proposed
resolution. The election was held on September 22, 1913, and
Vernon retained the county seat by the slender majority of
twenty, the vote standing two thousand two hundred and sev-
enteen for relocation and one thousand five hundred twelve
against it.
The first Circuit court in Jennings county convened at Ver-
non on July 7, 1817, with William Prather and Chapman
Denslow, Associate Justices, on the bench. This court met
in an old log school house and it continued to meet there un-
til a brick court house was erected in the following year. The
Associate Judges from the time the county was organized
until the new Constitution went into effect in 1852 were as
follows :
ASSOCIATE JUDGES.
Williaiii rnitlier February 24, 1S17.
Chapmnn Denslow February 24, 1817; resigned, 1810.
Jonathan Barrett May 27, 1819, vice Chapman Den.slow, resigned.
Chapman Denslow August 20, 1823; resigneci, June 29.
John Wiuchell August 20, 1823. Eemoved from county, June.
1S25.
Joseph Cowell August 25, 1825 (special election), vice John
Winchell, removecl.
nansom Perry August 22, 1829 (special election), to serve seven
years from August 20, 1823, vice Chapman Dens-
low, resigned.
790 Courts and Lawyers of Indiana
Samuel Finnacle September S, 1S30, to serve seven years from Feb-
ruary 24, 1831; resigned, July, 1834.
Ezra F. Pabody September 8. 1830, to serve seven years from Ffeb-
ruary 24, 1831; resigned, June, 1S34.
nicbard Stott August 23, 1834, to serve seven years from Feb-
ruary 24, 1831, vice Samuel Finnacle, resigned.
Daniel M. Hill .\ugust 8, 1835, to serve seven yeai-s from Feb-
ruary 24, 1831, vice Ezra F. Peabody, resigned.
Robert Elliott August 12, 1S37, to sei-ve seven years from Feb-
ruary 24, 1S3S.
John T. Johu.son August 12. 1837, to .serve seven years from Feb-
ruary 24, 1838. Removed from county, Septem-
ber, 1843.
Jesse Whiteomb December 18. 1843, to serve seven years from Feb-
ruaiT 24, 1838, vice John T. Johnson.
Jesse Whiteomb August 17. 1844, to serve seven years from Feb-
ruary 24, 1845.
Samuel Read August 17, 1844, to serve seven years from Feb-
ruary 24, 1845.
Riley Foster August 18, 1851, to serve seven years from Feb-
i-uary 24, 1852.
Phanuel Davis August 18. 1851, to serve seven years from Feb-
ruary 24, 1852.
PROBATE JUDGES.
Chapman Deuslow August 22, 1829; died, August, 1834.
Alauson Andrews September 3, 1834, appointed vice Chapman Dens-
low (deceased), to serve until the first Monday
in August, 1835.
Achilles Yawter August 8, 1835.
Ezra F. Pabody August 12, 1842.
Ezra Pabody August 25, 1849.
COMMON PLEAS JUDGES.
Ezra Pabody 1852-56.
Jeremiah Buudy 1856-60.
Ralph Applewhite ISGO: re.«:igned, April 28, 1862.
Simon Stansifer Appointed April 28, lS62-November 1. 1862.
Beattie JlcClellan 1862-64.
Jeptha D. New 1864-68.
Frank Emerson lN(iS-T3.
DISTRICT PROSECUTING ATTORNEYS.
Jeremiah Bundy 18.")2-56.
Alex W. Lattimore 1856-58.
Solon Russell 18.58-59.
James H. Myers Appointed January 20. 1859. resigned.
Solon Russell \ppointed March 16. 1859-60.
The County Courts ■ 791
Lycurgus Irwin 1S60-C2, resigued.
Jeremiiih Bundy Appointed January 17, 1862.
Jeptba D. New 1862-64.
William L. Bane 1864-65, resigned.
John M. Kerr 1865-66.
Marion Mooney 1865-66.
Newton Croake 1S66-70.
Wilson S. Swengel 1870-72.
George W. Cooper 1872-73.
PRESIDENT JUDGES.
John Test February 1, 1817-January 2, 1819. Tbird circuit.
Alexander A. Meek January 2, ISlO-February 2, 1819, resigned.
John Watts Appointed February 2, 1819-January 20, 1821.
Miles C. Eggleston January 20, 1821-December 31, 1821. The act of
December 31, 1821, put Jennings in the Fifth.
William W. Wick Appointed Feliruary 7. 1822-.Taiiuary 14. 1824. The
act of January 14. 1S24. put Jennings in the Sec-
ond.
John F. Ross January 14. 1824-January 20, 18.30. The act of
January 20, 1830, put Jennings in the Third.
Miles C. Eggleston January 20. lS.30-Deceuiber 20, 1844.
Courtland Cushing December 20, 1844; resigned, August 9. 1850.
Alexander C. Downey— Appointed August 9, lS50-October 12, 1852.
CIRCUIT JUDGES.
Alexander C. Downey October 12, 1S52 ; resigued, August 1, 1858. First
circuit.
John W. Spencer Appointed August 9, 18.58-October 26, 1858.
Joseph W. Chapman October 26, ISoS-October 26, 1864.
John G. Berkshire October 26, lS64-November 20, 1882. The act of
March 6, 1S73, put Jennings in the Sixth,
Jeptha D, New November 20, 1882-November 20, 1888.
Thomas C. Batchelor_- November 20, 18SS-Noveniber 20, 1894.
Willard New November 20, lS94-November 20, 1906.
Francis M. Thompson—November 20, 1006-November 20, 1912. The act of
March 4, 1911, put Jennings in the Sixth with
Ripley and Scott, where they have since remained.
Robert .V. Creigmile November 20. 1912: term expires November 20,
1918.
PROSECUTING ATTORNEYS.
John Kiugsliury August 9. lS24-August 14. 1826.
Milton Stapp Augu.st 14. 1826-December .30. 1826.
John Kingsbury December 30, lS26-Deeember 30, 1828.
John H. Thompson December 30. 1828-January 20, 18.30. The act of
January 20. 1830. put Jennings in the Third.
James F. D. Lanier January 25, 1830-January 25, 1832.
792 Courts and Lawyers of Indiana
John M. Johnson January 25, lS32-February 21, 1S33, resigned.
John Test Appointed February 21, lS33-December 5, 1833.
Courtlaud Cusliiug December 5, lS33-December 11, 1S37.
Jobu Duuiont December 11, lS37-December 15, 1S41.
George Eobiuson December 15, lS41-May IS, 1842; died.
John Dumont Appointed May IS, 1842-December 15, 1S4S.
James Y. Allison August l(j, lS51-October 12, 1852.
Robert P. Jloore October 12, 1852-November 7, 1854, resigned. First
circuit.
Daniel Kelso November 7, 1854-Xovember 7, 1856.
Francis Adliinsou November 7, 1856-November 7, 1S5S.
George W. Rieliardson_ November 7, lS58-November 7, 1862.
James M. Myers November 7, 1862-June 16, 1864, resigned.
Benjamin F. Lewis Appointed June 16, 1864-November 1, 1865.
Jolin A. Miller November 1, 1865-November 3, 1868.
John Denton November 3, lS6S-November 3, 1872.
John O. Cravens November 3, 1872-November 3, 1878. The act of
March 6, 1873, put Jennings in the Sixth. This
act transferred Cravens to the Sixth from the
First.
William G. Holland November 3, lS7S-November 15, 1SS4.
Lincoln Dixon November 15, 1884-November 15, 1892.
Joseph H. Shea November 15, 1892-November 15, 1894.
F. M. Thompson November 15, lS94-November 15, 1896.
Marcus R. Connelley— November 15, lS96-Jauuary 1, 1901.
Samuel B. Wells January 1, 1901-January 1, 1905.
Louis A. Lee January 1, 1905- January 1, 1907.
John W. Davis January 1, 1907-Jauuary 1, 1909.
Joseph W. Verbarg January 1, 1909; term expires January 1, 1917.
The act of March 4, 1911, put Jennings in the
Sixth with Ripley and Scott, where they have
since remained.
Johnson County.
Johnson county was created by an act of the Legislature,
approved by Governor William Hendricks, December 21, 1882.
Oliver H. Smith, who at that time was a member of the Leg-
islature, proposed the name of the county in memory of John
Johnson, one of the Judges of the first Supreme court of the
state. There was no opposition to the selection of the present
town of Franklin for the county seat. Although the date of
the contract for the erection of a new court house is uncer-
tain, it was completed and ready for occupancy in March,
1824. No court, however, vs^as held in the court house until
The County Courts 793
March, 1825, one term having, in the meantime, been held at
the house of John Smiley, near "Smiley's Mill," October 23,
1823, and one term at the house of George King in Franklin,
in March, 1824. After 1825, the court met regularly at the
court house on the third Monday of March and September
and lasted six days if the business demanded.
In 1830 a new court house was ordered built. The build-
ing cost about two thousand dollars and was considered a
fine structure at that time. In August, 1848, a committee was
named to procure plans and specifications for a new court
house. The second court house was destroyed by fire on May
18, 1849, and immediately thereafter a new building was
erected. On December 12, 1874, fire again destroyed the
Johnson county court house, but in neither fire were any of
the records destroyed. The next court house was a tempo-
rary frame structure, built on the lot where the present city
building stands. The work of building the fifth court house
occupied a little more than two years, being completed in the
latter part of 1881.
William W. Wick, the first President Judge of the John-
son Circuit court, was a resident of Indianapolis. He came
to Johnson county in the fall of 1823, and held the first court
on October 16, at the cabin of John Smiley on Sugar creek.
Smiley's cabin was a two-room log house, in one of which
Judge Wick held court and in the other of which the grand
jury met. Mrs. Smiley lay sick in the jury room and the story
has been handed down that when Daniel B. Wick, prosecut-
ing attorney and brother of the Judge, came into the room
he pulled a bottle of whiskey from his pocket, first gallantly
ofi'ering it to a sick woman and- then to the jurors. The
sick woman always thereafter asserted that she alone refused
the treat.
Gregg and Wilson appeared as the first counsel at the bar
of the Johnson Circuit court. Two years later, Gregg served
as Circuit Prosecutor. Gregg was a Kentuckian by birth and
had studied for the ministry under Rev. Archibald Cameron.
He was able to caricature the most dignified address of the
Scotch Covenanters, the unlettered sermonizing of the back-
woods Baptists and the vehement appeal of the Methodists.
794 Courts and Lawyers of Indiana
Judge Wick resigned January 13, 1825, to accept the office
of Secretary of State for a term of four years. He returned
to Johnson county, however, at the March, 1825, term of court
as counsel in a chancery case. Later he returned to the cir-
cuit as Prosecuting Attorney and in 1834 was again elected
to the bench of the Fifth judicial circuit. In 1835 he had
changed his politics, becoming a Jackson Democrat, and on
retiring from the judicial office in 1839 was elected to Con-
gress on the Democratic ticket. He was a member of Con-
gress for several terms and served as postmaster of Indian-
apolis under the administration of Franklin Pierce. In 1849
he was again appointed Judge of the Fifth circuit and served
until the new constitution went into operation. He was the
first Judge of the Johnson County circuit under the new con-
stitution and served until January 12, 1854. In 1859 he also
occupied the bench of the circuit for a few months by ap-
pointment.
When Judge Wick resigned in 1825 Governor William
Hendricks appointed Bethuel F. Morris, of Indianapolis, as
his successor. Judge Morris began his service on the bench
of Johnson county at the March, 1825, term of court and con-
tinued until September, 1834. A few months before his term
expired, he resigned to accept an office in the state bank. Judge
Wick returned to the bench of the Fifth judicial circuit in
1834 and served continuously until 1839.
Among the circuit-riding lawyers of this period, whose
names appear frequently in the records of the Circuit court
of Johnson county, are those of Judge Morris, Harvey, Gregg,
Philip Sweetzer, Calvin Fletcher, W. W. Wick, James Whit-
comb, William Herod and Hiram Brown. Gregg served as
Circuit Prosecutor in 1825, Fletcher in 1826, Whitcomb in
1827 and 1828, and Wick in 1829 and 1830. Philip Sweet-
zer, who was employed in most of the civil cases, was a native
of Massachusetts and a graduate of Harvard College, where
he was a classmate of Rufus Choate. He was a member of
the Episcopal church and a Whig in politics. Hiram Brown,
who was a man of great native ability, was one of the lead-
ing lawyers of central Indiana. He was especially capable
as an advocate. To the lawyers already mentioned, who prac-
The County Courts 795
ticed before the Johnson county bar, may be added the names
of James B. Ray, John Eccles, William Quarles, William
Brown, John Livingston, John H. Scott, Humphrey Robinson,
Thomas D. Walpole, William Sweetzer, Christian C. Nave and
William J. Peaslee. Of these, Ray later served as President
of the Indiana State Senate and was Governor of Indiana
from 1825 to 1831, Peaslee afterward became Judge of the
Fifth circuit. Up to 1830 not a lawyer had permanently
located in Johnson county. In March, 1823, Fabius M. Finch
was admitted to practice law at the Johnson county bar and to
him belongs the honor of being the first to be admitted.
Judge William W. Wick was succeeded in office by Judge
James Morrison, who began his duties as President Judge of
the Johnson Circuit court in September, 1839. Judge
Morrison was a native of Scotland, and after his retirement
from the bench resumed the practice of law. In 1855 he was
chosen Attorney-General of Indiana and afterward was Pres-
ident of the Indiana State Bank.
William J. Peaslee assumed his duties as Presiding Judge
of the Fifth circuit in the Johnson Circuit court on January
12, 1843, and served seven years. Judge Peaslee was a resi-
dent of Shelbyville, a native of Vermont, and the son of a
Quaker minister. He represented Shelby county in the Legis-
lature of 1837. In 1839 and 1840 he was Circuit Prosecutor.
After retiring from the bench, he lived at Shelbyville for a
time and then moved to Chicago. In 1863 he moved to Davis
county, Missouri, where he died in 1866.
In March, 1850, Judge Wick again took his place on the
bench of the Johnson Circuit court. He served until Jan-
uary, 1854, when he was succeeded by Stephen Major, who
resigned in 1859, after which Wick was appointed by Gover-
nor Willard to serve until a successor was elected and quali-
fied.
Fabius M. Finch was elected Judge in 1859 and held the
office for a term of six years. He was a native of Livingston
county. New York. The family lived for a time at Conners-
ville, later at Muncie and still later at Noblesville. Judge
William W. Wick was a guest of the Finch family shortly
after his election to the bench in 1822. He fell in love with
796 Courts and Lawyers of Indiana
and married Fabius Finch's sister, and in 1828 took Fabius
to his office in Indianapolis. Judge Finch came to Franklin
in 1831 and was admitted to the bar in March, 1832. When
Finch came to Franklin, Samuel Herriott, who was Clerk of
the Circuit court, kept his office in a little room in the rear
of his storeroom. Discovering that Finch wrote a good hand,
he employed him as a deputy. Judge Finch also assisted the
county recorder and found profitable employment during
this early period. Later Finch acted as deputy to the school
commissioner. Eventually, he came to be known as one of
the best lawyers in the circuit. In 1839 he was elected to the
State Legislature. Near the close of his term of office as Judge,
he moved to Indianapolis and formed a partnership with his
son, John A. Finch, and the latter became an insurance law-
yer and gained a national reputation. Judge Finch lived un-
til 1900 and his remains now rest in the family tomb at Green-
lawn cemetery in Franklin.
Gen. John Coburn, who succeeded Judge Finch in 1865,
presided over the Johnson Circuit court for only one year
when he resigned to accept nomination for Congress. On his
retirement from Congress in 1875, General Coburn resided
in Indianapolis for a time and then served as a member of
the Supreme court of the territory of Montana. John T. Dye
was appointed to fill the unexpired term of Judge Coburn.
In October, 1866, Cyrus C. Hines was elected Judge of the
circuit comprising Marion, Hendricks and Johnson counties.
He continued to serve until 1869, when the judicial district
boundaries were changed and Andrew L. Robinson was ap-
pointed (May 18, 1869) by Governor Conrad Baker as Judge
of the new Tw^enty-eighth judicial circuit, composed of Shelby,
Bartholomew, Brown and Johnson counties. Samuel P. Oyler
followed Robinson and served from August, 1869, to August,
1870.
Judge Oyler, a native of Sussex county, England, had
come to Indiana from New York state in 1841. In 1850 he
settled in Franklin and took up the practice of law. He or-
ganized the first company of volunteers in Johnson county at
the breaking out of the Civil War and was chosen as captain.
He was at once promoted to major and when the three months'
The County Courts 797
campaign in Virginia ended, he returned to Franklin and re-
sumed the practice of law. In 1862 he again entered the army
as captain of a company in the Seventy-ninth Indiana Volun-
teer Infantry and was soon promoted to the rank of a lieu-
tenant-colonel. After his return from the army in 1864, he
was elected to the Indiana State Senate and served until 1869.
Later he served as mayor of the city of Franklin. From the
close of the war until 1874, he was the senior member of the
firm of Oyler & Howe, the latter being his stepson,
Daniel Wait Howe, later a Judge of the Superior court of
Marion county. On March 1, 1881, William A. Johnson be-
came associated with Colonel Oyler under the firm name of
Oyler & Johnson. The relationship continued until Johnson
was elected to the bench on January 2, 1893. Colonel Oyler
died in Franklin, September 6, 1898.
David D. Banta was elected to the bench of the Twenty-
eighth judicial circuit in 1870, then composed of Johnson,
Shelby, Bartholomew and Brown counties. The act of March
6, 1873, created the Sixteenth judicial circuit of Johnson and
Shelby counties. Judge Banta, who was the first native-born
son to fill that high office, served a full term of six years. He
was a professor at law at the State University from 1889 un-
til his death. K. M. Hord, of Shelbyville, succeeded Judge
Banta in 1876. After serving two terms, he was succeeded
by Leonard J. Hackney in 1888, who resigned in 1893
to become a member of the Supreme court of the state. Will-
iam A. Johnson, of Franklin, was appointed to fill the vacan-
cy and served a part of 1893 and 1894, being succeeded by
Judge William J. Buckingham, of Franklin, on November 17,
1894. Judge Buckingham served from 1894 to 1906, when
William Edward Deupree came upon the bench. In the mean-
time, the Legislature of 1899 had joined Johnson and Brown
counties into the Eighth judicial district. Judge Deupree's
second term will expire November 13, 1918.
In 1852 Common Pleas courts were created in Indiana
and these courts lasted until abolished by the act of March
6, 1873. In October, 1852, Franklin Hardin was elected the
first Judge of the Johnson Court of Common Pleas. Judge
Hardin was a native of Kentucky and had come with his moth-
798 Courts and Lawyers of Indiana
er to Indiana at the age of fifteen. He had served as county
surveyor under appointment from Judge Wick and in 1842,
1843 and 1844, vi^as a member of the lower house of the Gen-
eral Assembly. In 1845 he was elected a member of the State
Senate and was also a delegate from Johnson county to the
Constitutional Convention. Judge Hardin was a delegate to
the national convention which nominated Buchanan to the
presidency.
George A. Buskirk, of Monroe county, succeeded Judge
Hardin and, in 1864, he was succeeded by Oliver J. Glessner,
of Morgan county, who later moved to Shelby county. In 1868,
Thomas W. Woollen was elected but he resigned in the fall of
1870 and was succeeded by Richard L. Coffey, of Brown coun-
ty, who served until the court was abolished.
After Fabius M. Finch, the next lawyer to locate in Frank-
lin was Gilderoy Hicks, who came in 1833. He was a native
of Rutland, Vermont. He became interested in real estate
and assisted in platting several divisions of the city of Frank-
lin. In 1846 he was elected a member of the State Legislature
on the Whig ticket. In 1848 and 1849, he represented John-
son county as a Democrat and in 1851 was elected a State
Senator. He joined the Know-Nothing party at its organiza-
tion and later became a Republican. He died on December
23, 1857.
John Slater, a Canadian by birth, came to Johnson county
in 1840. He enlisted as a private in the Mexican War under
the captaincy of David Allen. Captain Allen died in 1847
and Slater was made captain of the company. After the war,
he returned to Franklin and practiced law in partnership with
Fabius M. Finch, in whose office he had studied. In the com-
munity where he lived, he was known as an indolent man,
who never burdened himself with the labor of hunting for
authorities. He trusted to luck in the trial of his cases and
was more or less of a loafer all his life. In 1856 he was elected
to the State Senate and after the close of his term left the
state and never returned.
Gabriel Monroe Overstreet and Anderson Barnes Hunter,
whose firm name of Overstreet & Hunter was a household
word in Johnson county for nearly a half century, were two
The County Courts 799
of the most prominent lawyers in the history of the county.
Overstreet was a native of Kentucky, who, for a time was a
student at the Manual Labor Institute of Franklin and later
at the State University. He graduated from the State Uni-
versity in 1844 and during the next year studied law in the
office of Gilderoy Hicks. In 1848 Overstreet was elected Pros-
ecuting Attorney and on February 21, 1849, the firm of Over-
street & Hunter was formed. This relationship continued
until the death of Hunter in 1891. Hunter was a native of
Oldham county, Kentucky, who had come to Johnson county
in 1840 with his father. In November, 1847, Hunter entered
the senior class of the law department of the State Universi-
ty. He was admitted to the bar on March 7, 1848. Hunter
died on August 14, 1891, and, after his death, Overstreet be-
came associated with his son, Jesse Overstreet, until the lat-
ter's election to Congress. The firm of Overstreet & Oliver
was then formed. After Oliver's death in 1900 Overstreet
retired from active practice. He died on February 8, 1907.
After Overstreet & Hunter, the next lawyers to seek ad-
mission to the bar were Duane Hicks and Jonathan H. Will-
iams, both of whom were admitted to the bar at the September
term, 1848. The former was a son of Gilderoy Hicks, and
was educated at Franklin College. He was a soldier in the
Civil War and died on September 28, 1863, at the age of thir-
ty-five. Jonathan H. Williams, a soldier in the Mexican War,
was county auditor from 1851 to 1855. He published the
Franklin Examiner in 1852, and for two years was District
Attorney of the Common Pleas court. He was killed October
19, 1864, at Cedar Creek, Virginia, while a major of the Eight-
eenth Regiment in the Indiana Volunteer Infantry. Richard
M. Kelly, of Edinburg, admitted to the practice in 1856, was
a private in the Mexican War and a captain in the Civil War.
He was a lawyer of considerable ability, but became dissi-
pated and lost his standing as a lawyer.
In 1856 Jeptha D. New became a partner at Franklin of
Judge Woollen, but he soon returned to Vernon, where he
became prominent in the law and politics. Cyrus F. McNutt
was admitted to the practice of law before the Johnson county
bar in 1860. For a few months, he was a law partner of
800 Courts and Lawyers of Indiana
Judge Banta and then of Judge Woollen. Upon the death of
his wife, he went to Martinsville, where he became a very suc-
cessful lawyer. McNutt was professor of law in the State
University from 1874 to 1877. He then located at Terre
Haute. He was elected Judge of the Superior court of Vigo
county in 1890.
Daniel Wait Howe, a stepson of Colonel Oyler, was a mem-
ber of the Johnson county bar from the close of the war until
1872. He served as Prosecuting Attorney in 1869, and in
1872 Howe and C. Byfield, of the firm of Woollen & Byfield,
moved to Indianapolis to practice law together. The part-
nership was maintained in that city until Howe was elected
Judge of the Superior court of Marion county.
Richard M. Johnson, a native of Bartholomew county, was
educated in the law school of Washington and Lee University
at Lexington, Virginia, graduating in 1871. He began the
practice of law at Columbus, Indiana, but moved to Franklin
in 1873 and became a partner of Judge Woollen and Jacob
L. White. After a year, Judge Woollen withdrew from the
firm. Johnson was a member of the Johnson county bar
from 1873 to 1885, when he accepted an appointment under
President Cleveland as chief clerk in the office of the auditor
for the postoffice department. After Cleveland's term expired,
he held various other positions in the treasury department
until his death. May 21, 1902. William T. Pritchard, a native
of Johnson county, was admitted to the bar in 1875. He was
attorney for the Mutual Building and Loan Association. He
was City Attorney of Franklin from 1891 to 1897. Jacob L.
White, who was the eldest son of George B. White, entered
the law office of Woollen & Byfield as a student and upon the
removal of Byfield to Indianapolis, White became associated
with Judge Woollen and Richard M. Johnson in the practice
of law. After Judge Woollen withdrew, the firm name be-
came Johnson & White and this arrangement continued until
1880, when Mr. White became the junior member of the firm
of Buckingham & White. He served as prosecuting attorney
of the circuit, and in 1886 and 1888 represented Johnson
county in the State Legislature. He died in May, 1889, at
the age of foi-ty.
The County Courts 801
Frederick S. Staff, a native of Henry county, Indiana,
was educated at Earlham College and in the law school of
the University of Michigan. After practicing law for a short
time in Little Rock, Arkansas, he came in 1874 to Franklin
and for a number of years was associated in the practice of
law with Peter M. Dill. He was prosecuting attorney for two
terms from 1882 to 1886. He died Februai-y 4, 1894.
John C. McNutt, of Martinsville, who is the nephew of
the late Cyrus F. McNutt, of Terre Haute, served as prose-
cuting attorney from 1888 till 1892 and as state law librarian
from 1893 to 1898. Afterward he moved to Martinsville,
where he engaged in the practice of his profession until April,
1916, when Governor Ralston appointed him to a seat on the
Appellate bench to succeed Judge Joseph H. Shea who had re-
signed to accept an appointment as Minister to Chili. Judge
McNutt was nominated at the Democratic convention in April,
1916, for a place on the Appellate bench and his appointment
to the vacancy on the resignation of Judge Shea immediately
followed the convention.
John V. Oliver, a native of Johnson county, was a student
at Franklin College, and in 1897 became the junior member
of the firm of Overstreet & Oliver. He died April 27, 1900.
Jesse Overstreet, the son of G. M. Overstreet, Sr., was
born in Franklin, December 14, 1859. He graduated from
Franklin College in 1882. He was Deputy United States Mar-
shal under President Harrison and practiced law with his
father until his election to Congress from the Fifth district
in 1894. After his election in 1896 from the Seventh district,
composed of Marion and Johnson counties, he moved to In-
dianapolis. He continued to serve as a member of Congress
until 1909. He served as chairman of the committee on post-
offices, and during 1909 and 1910 was a member of the na-
tional monetary commission and the author of the gold stand-
ard act passed by Congress in 1910. He died on June 3, 1910.
ASSOCIATE JTIDGES
Israel Watts M:ty 2. ls2'V
Dan(iel Boaz >I;'y 2. ISpfS.
(51)
802 Courts and Lawyers of Indiana
Dau5e1 Bwaz August 15, 1829, to serve seven years from May 2,
1S30.
James Smoek August 15, 1S29, to serve seven years from May 2,
1S30; died June, 1S30.
William Keaton September S, 1830 (special election), to serve
seven years from May 2, 1830 ; resigned June, 1834.
James R. Alexander-__August 22, 1834 (special election), to serve seven
years from May 2, 1S30, vice William Keaton, re-
signed.
James R. Alexandei" Vugust 16, 183G, to serve .seven years from May 2,
1837 ; removed from county September, 1S42.
Robert Moore August 10, 1836, to serve seven years from May 2,
1837.
James (Fletcher November 30, 1S42 (special election), to sen-e
seven years from May 2, 1837, vice James R. Alex-
ander, removed.
John R. Carver August 15, 1843, to serve seven years from May 2,
1844.
James Fletcher August 15. 1843. to serve seven years from May 2,
John Wilson 1S44; died October, 1844.
David McAlpin August 20, 1850 ,to serve seven years from Jlay 2,
1851.
Johm Wilson August 20. 1850 .to serve seven years from May 2,
1851.
PROBATE JUDGES.
John Smiley August 15, 1829.
Israel Watts September 8, 1830.
John Smiley August 22, 1837.
Bartholomew
Applegate August 20, 1844.
Peter Yoris August 16, 1851.
COMMON PLEAS JUDGES.
Franklin Hardin 1852-60.
George A. Buskirk 1860-64
Oliver J. Glessner 1864-68. ■
Thomas W. Woollen 1864-70, resigned.
Richard L. Coffey Appointed October 15. 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
Samuel P. Oyler 1852-54.
Squire A. W. Garrett— 1854-55.
Jonathan H. Williams-1 855-59, resigned.
David D. Banta 1850-60.
Stephen Thresher 1800-01. resigned.
James Harrison Appointed January 7, 1861-62.
David D. Banta 1802-64.
The County Courts 803
Kendnll M. Hord 1SG4-G6.
Frauds M. Conner 1S66-6S.
James A. Reeves 186S-69, resigned.
William C. Sandifer-__Appointed May 24, 1869-70.
George W. Workmaii_.lS70-72, died In ofl3ce.
James A. Jordan Appointed August 21, 1872.
Cliarles W. Suow 1872-73.
PRESIDENT JUDGES.
William W. Wick JI;iy 5. lS23-January 20. 1825. resigned to become
secretary of state. Fifth circuit.
Bethuel F. Morris Appointed January 20, 1825-December 4. 1S?A. re-
signed.
William W. Wicl; Appointed December 4, 1834-Augu&1: 2, 1830. re-
signed.
James Morrison Appointed August 2, 18.30-August 15, 1.S42.
William Quarles August 15, 1842; returned commission September
28, 1842.
Stephen Major Appointed September 2S. 1842; declined to accept.
Fabius M. Finch Appointed (iciuliei- u. 1 ^r,i>-i )ecember 16, 1842.
William J. Peaslee Deceniln-i- Hi. Isl-J-Scph'inlx.r 17, 1849, resigned.
William W. Wick Appoinled .Scpicmln'r 17, ls49-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12. lSu2-January 12, 1854. Fifth circuit.
Stephen Jlajor January 12, 1854; resigned Seiitcnjlier 5. ls.59.
William W. Wick Appointed September 5, lS.50-( )etober 24, 1N59.
Fabius M. Finch October 24, lS.59-October 27, 1M;5.
John Coburn October 27, 1865-September 24, 1866 ; resigned to
go to congress.
John T. Dye Appointed September 24, 1866-November 3, 1866.
Cyrus C. Hines November 3, lS66-May 5. 1869. The act of May 5,
1869, put Johnson in the Twenty-eighth. Hines
was transferred to the Fifth, composed of Marion
and Hendricks, with the act of April 20. 1869.
Andrew T.. Robinson—Appointed May IS, 1869-August 25, 1809.
Samuel P. Oyler August 25. lS69-August 24, 1870.
David D. Banta August 24, lS70-October 24, 1876. The act of
March 6, 1873, put Johnson in the Si7steenth, with
Shelby, and transferred Banta from the Twenty-
eighth to the Sixteenth.
Kendall Moss Hord October 24, 1876-November 16, 1888.
Leonard J. Hackney — November 16, 1888 ; resigned January 2, 1893, to
become a member of the supreme court.
William A. Johnson Appointed Januai? 2, 189.3-November 13, 1894.
William J. Buckingham-November 13, 1894-November 13, 1906. The act of
February 2S, 1899, put Johnson and Brown in the
804 Courts and Lawyers of Indiana
Eighth, where they have since remained. At the
same time Bucliiugham was transferred to the
Eighth.
>Yilliam E. Deupree November 13. 190G: term expires November 13,
191S.
PROSECUTING ATTORNEYS.
Harvey Gregg August 0, lS21-August 9, 1S25. Fifth circuit.
Calvin Fletcher August 9, 1825-August 14, 1S26.
James Whitcomb August 14, lS26-January 14, 1S29.
William W. Wick January 14, 1829-December 15, 1830, resigned.
Phillip Sweetzer December 15, lS30-March 10, 1831, resigned.
Hiram Brown Appointed March 10, 1831-December 12, 1831
Harvey Gregg December 12, lS31-April 11, 1833.
William Herod April 11, lS33-December 9, 183G.
William Quarles December 9, lS36-April 13, 1839, resigned.
William J. Feaslee April 13. 1839-Jauuary 29, 1S41.
Hugh O'Neal January 29, lS41-January 29, 1843.
Abram A. Hammond January 29, 1843-January 29, 1847.
Edward Lander January 28, lS47-January 29, 1849.
David S. Gooding August 27, 1851-October 12, 1852.
Reuben A. Riley October 12, lS52-October 27, 1854. Fifth circuit.
DeWitt C. Chipman October 27, 1854-November 2, 1S5G.
Peter S. Kennedy November 2, 185C-November 2, 1858.
William P. Fishback— November 2. 185S-October 5, 1862. resigned.
William W. Leathers— Appointed October 5, 1862-December 27, 1865.
Joseph S. Miller December 27, 18e5-April 12, 1867.
John V. Hadley April 12, lSG7-November 3. 1868.
Daniel W. Howe November 3. lS68-May 5. 1869. The act of May 5,
1869. put Johnson in the Twenty-eighth, and pro-
vided that Howe should be transferred to the
Twenty-eighth in August of the same year.
William P. Hargrave___Appointed May 18, 1869-August 23, 1869.
Dauiel W. Howe Augu,st 23, lS69-October 24, 1870.
Nathaniel T. Carr October 24, lS70-June 25, 1872, resigned.
John W. Morgan Appointed June 25, 1872-Mareh 6, 1873. The act
of March 6, 1873, put Johnson in the Sixteenth.
Kendall M. Hord Appointed March, 1873-July 16, 1874, resigned.
W. Scott Ray Appointed July 16, lS74-October 24, 1878.
Leonard J. Hackney—October 24, 187S-October 25, 1880.
Jacob L. White October 25, 1880-November 17, 1882.
Frederick S. Staff November 17, 18S2-November 17, 1886.
Peter M. Dill November 17, lS66-November 17, 1888.
John C. McNutt November 17, 1888-November 17, 1892.
Thomas H. Campbell.. November 17, 1892-November 17, 1896.
lair November 17, lS96-February 28, 1899. The act of
February 28, 1899, put Johnson and Brown in the
Eighth, where they have since remained.
The County Courts 805
Elmer E. Roland February 28, 1S09 October 22, 1890.
Fremont Miller October 22, 180S)-January 1, 1900.
Thomas Williams January 1, ISOC-January 1, 190S.
Henry E. WTiite January 1, 190S-January 1, 1914.
John P. Wright January 1, 1914; term expires January 1. 1918.
Knox County.
Knox is the oldest county in Indiana. Vincennes, its county
seat, was an old town when George Washington was inaugu-
rated President in 1789. In fact, the best evidence indicates
that Vincennes was established in 1732, the same year Wash-
ington was born. Knox county was organized on June 30,
1790, by Winthrop Sargent, the Secretary of the Northwest
Territory. At that time the county included practically all
of the present state of Indiana, half of Michigan, all of Illi-
nois and Wisconsin, and about one-third of Minnesota. There
was no question at that time but that Vincennes should be
the county seat, since it was the only town of any size within
the territory in question. Knox was the only county in In-
diana territory until 1801, when Clark county was organized.
As new counties were organized, Knox was decreased in its
limits until it was given its present boundaries with the or-
ganization of Sullivan county, December 30, 1816.
It is impossible within the limit of this article to give a
complete resume of the territorial courts of Knox county and
only a brief summary of these courts can be given in this con-
nection. A full discussion of the territorial courts is found in
chapter II. The French founded Vincennes and remained in
undisputed possession of tfie city and most of the Northwest
Territory until 1763, when the treaty of Paris deprived France
of all the territory which that nation held on the continent of
America. Under the dominion of the French, there were no
courts in Vincennes and, as far as is known, no courts were
maintained in the French possessions in the United States.
Such affairs as might find their way into court were adjudi-
cated by the commandants at Vincennes. It is true that the
Northwest Territory was nominally a possession of England
after the close of the French and Indian War in 1763, but, as
a matter of fact, it exercised only a nominal jurisdiction over
806 Courts and Lawyers of Indiana
its inhabitants during the sixteen years it was under British
control. England made no attempt to establish a form of gov-
ernment for the territory, later known as the Northwest Ter-
ritory, and it was not until after the conquest of George Rogers
Clark in 1779 that steps were taken toward providing
a definite form of government for the territory. In 1779 Vir-
ginia, which claimed jurisdiction over most of the territory
north of the Ohio and east of the Mississippi, passed an act
providing for a definite form of government. The head of
the government was John Todd, who was appointed by the
Governor of Virginia as "Lieutenant of the Country and Com-
mander-in-Chief." Todd at once proceeded to Vincennes and
issued a proclamation in which he set forth the powers dele-
gated to him by the Legislature of Virginia.
In June, 1779, Todd organized the first court which ever
existed within the limits of the present state of Indiana. It
bore the title of "A Court for the District of Post Vincennes."
This court, which possessed both civil and criminal jurisdic-
tion, was presided over by four Judges, appointees of Todd :
F. Busseron, L. E. Doline, Pierre Gamelin and Pierre Queray.
This court had charge of all court matters until the Ordinance
of 1787 became operative.
The Ordinance of 1787, passed by the Continental Con-
gress on the 13th of July, of that year, provided for a definite
form of government for the "Territory Northwest of the
Eiver Ohio." Gen. Arthur St. Clair was appointed Governor
of the newly organized territory and he proceeded at once to
•establish a semblance of government. Between 1787 and 1790
he organized three counties within the present state of Ohio.
In the spring of 1790 Governor St. Clair sent his Secretary,
Winthrop Sargent, to organize a county with Vincennes as
the county seat. Pursuant to his instructions from the Gov-
ernor, Secretary Sargent proceeded to Vincennes and on June
20th, as before stated, he formally established the county of
Knox, naming it in honor of Gen. Henry Knox, who was then
Secretary of War under President Washington.
With the establishment of the county, it was necessary to
provide for some form of court and Sargent established what
was known as the "General Quarter Sessions of the Peace."
The County Courts 807
This court held its first session at the house of John Small in
Vincennes on July 4, 1790. This was the first court estab-
lished within the present limits of Indiana. Strange as it may
seem, this court, with its meager amount of business to han-
dle, was presided over by five Judges : Antoine Gamelin, Paul
Gamelin, Francois Busseron, James Johnson and Luke Deck-
er. Samuel Baird was clerk of the court and John Small was
the sheriff. This court maintained regular sessions until In-
diana territory was created in 1800.
In addition to the court just mentioned, there was organ-
ized in 1795 a court of "Oyer and Terminer, and General Jail
Delivery and Nisi Prius." This court held its first session in
October, 1795, at Vincennes and was presided over by John
Cleves Symmes, the senior Judge of the Territory Northwest
of the Ohio. There was a very small amount of business
transacted by this first session and, as far as the local records
disclose, this first session was also the last one.
The next step in the history of the Knox county courts
opens in 1800. On May 7th of that year, the Northwest Ter-
ritory was divided by a line drawn from the mouth of the
Kentucky river to Ft. Recovery and thence due north. All
that part of the Northwest Territory west of this line was
called Indiana Territory and that remaining or the eastern
side retained the old name of the Northwest Territory. The
federal act organizing Indiana Territory provided for a new
set of Judges and new kind of courts. At that time there
were only three counties in Indiana Territory — Knox, St.
Clair and Randolph — the last two being in the southwestern
part of what is now Illinois. Knox county comprised prac-
tically all of Indiana, half of Michigan and more than half
of the present states of Illinois and Wisconsin.
As soon as Indiana Territory was organized in 1800, Pres-
ident Adams appointed Henry Vanderburgh, William Clark
and John Griffin, Judges of the territory. According to the fed-
eral statute, two courts were provided for the territory. The
so-called General court exercised jurisdiction throughout the
whole territory, while the Common Pleas court was restricted
in its jurisdiction to the county where it was organized. The
latter court exercised civil and criminal jurisdiction, and also
808 Courts and Lawyers of Indiana
had charge of all probate matters. These two courts were in
existence during the sixteen years Indiana was a territory,
the Federal Judges having charge of the General court and the
Associate Judges presiding over the Common Pleas courts in
the respective counties. It is interesting to note in this con-
nection that Henry Hurst was clerk of both these courts for
Knox county during the sixteen years they were in existence.
With the adoption of the Constitution of 1816 a new sys-
tem of courts was established, although it should be mentioned
that Circuit courts had really been established two years
prior to that time. The Territorial Legislature in 1814 es-
tablished what it called a Circuit court and Knox county pro-
ceeded at once to organize a court based upon this statute. It
held its first session at Vincennes, May 9, 1814, but, owing
to the fact that there was no President Judge, Associate
Judges or prosecutor present, no business was transacted.
When the court met in August, 1814, the President Judge
again failed to put in appearance and it was again necessary
to adjourn the court. The first term of this court in which
any business was transacted was held March 16, 1815, when
Isaac Blackford appeared as President Judge and Daniel Sul-
livan and James B. McCall as Associate Judges.
TERRITORIAL JUDICIARY.
July 4. ISOO Justfces of the Court of General Quarter Sessions
and Justices of the Coui-t of Common Pleas :
James Johnston, Luke Decker, Abel Westfall, An-
toine Marechall (or Marechal), Jonathan Purcell.
Abraham Huff, Marston G. Clark, John Noble
Woods.
July 28. ISOO Judate of Probate: Henry Vanderburgh.
November 5, 1800 Justices of the Court of General Quarter Sessions
and Justices of the Court of Common Pleas : Ben-
jamin Beckes and Ephraim Jordan.
January 14. ISOl Judge of Probate : Abraham Westfall.
February 3, 1891 Judges of the Court of Common Pleas and Jus-
tices of the Court of General Quarter Sessions :
James Johnston, Luke Decker, Abel Westfall. An-
toine Marechall (or Marechal), Benjamin Beckes
and Ephraim Jordan.
February 3, 1801 Justices of the Court of Quarter Sessions: Pierre
Gamelin and Jonathan Purcell,
The County Courts 809
August 3. ISOl Judge of tlie Court of Conmion riens: Tierre
Gamelin.
August 3, ISOl Justice of the General Quarter Sessions: Jolin
Cell il tree.
August 20, ISOl Justice of the peace: William Wells and William
Burnett.
December 26, ISOl Justice of the peace : David Robb.
February 3, 1802 Ephraim Jordan resigned as Judge of the Court of
Common Pleas, and Justice of the Court of General
Quarter Sessions.
March 10, 1S02 Justice of the peace: John Kinsey.
February 2, 1S03 Judge of the General Quarter Sessions and of the
Court of Common Pleas: George Leech, vice Ben-
jamin Beckes, resigned.
November 1, 1S03 Justices of the Court of General Quarter Sessions
and Judges of the Court of Common Pleas:
George Wallace, Jr., and Peter Jones.
June 1, 1804 Justice of the General Quarter Sessions: Jacob
Hardin.
Setember 22. 1804 Justice of the General Quarter Sessions and Judge
of the Common Pleas: Daniel McClure.
June 4, 1S05 Justice of the peace : George Hobin.
August 8, 1805 Justice of the peace: Jonathan Antointy (or
Anthony).
September 4, 1805 Justice of the General Quarter Sessions: William
v. Moorman.
September 24, 1805 Justices of the peace: Isaac White and William
Prince.
November 5, 1805 Judges of the Court of Common Pleas: Elihu
Stout and William V. Moorman.
December 31, ISOo Judge of the Common Pleas: James Johnson,
Luke Decker and George Leech.
March 15. 180G Justice of the peace: Robert Gill.
April 11, 1806 Justice of the peace: Robert M. Evans.
July 15, 1806 Justice of the peace: Abraham Lander.
August 15, 1806 Justice of the Peace: Wilson Montgomery.
January 30, 1807 Justice of the peace: Israel McGready.
February 19, 1807 Justices of the peace: Walter Wilson and .
May 2, 1807 Justice of the peace: John Shively.
May 25, 1807 Justice of the peace: Jabez Jones.
July 1, 1807 Justice of the peace: Jacob Winemiller.
August 5, 1807 Justice of the peace: Henry Brinton.
August 24, 1807 Justice of the peace : Jonathan Taylor.
March 16, 1808 Justice of the peace: Paul Casselberry.
May 24, ISOS Justice of the peace: Robert Warfth.
July 14, 1808 Justice of the peace: George Robinson.
August 17, 1808 Justice of the peace: Daniel Grass.
810 Courts and Lawyers of Indiana
September 24, ISOS Justice of the peace: William Jones.
November 28, 180S Justices of the peace: Beujamin D. Price and
William Polke.
March 16, 1809 Justice of the peace: Aeneas McAllister.
March 30, 1809 Justice of the peace: William McCormick.
April 7, 1809 Justice of the peace: Abraham Kuykendall.
February 9, 1810 Justices of the peace: General W. Johnson and
Isaac Montgomery.
April 5, 1810 Justice of the peace: John McDonald.
April 13, ISIO Justice of the peace: William Prince.
May 2, 1810 Justice of the peace: Samuel Gill.
June 21, 1810 Judge of the Court of Common Pleas: Daniel
McClure, vice George Leech, resigned.
June 26, 1810 Justice of the peace: William Carruthers.
July 14, 1810 Justice of the iieace: General W. Johnston.
.August 1, 1810 Justice of the peace: Joseph Kennedy.
December 14, 1810 Justice of the peace: Jacob Warrick.
January 1, 1811 Ju.stice of the peace: John Johnson.
January 7, 1811 Prosecuting attorney: Thomas Randolph.
March 4, 1811 Justice of the peace : John Wallace.
March 7, ISll Justice of the peace: William Flint.
March 15, 1811 Justice of the peace: William Gamble.
April 30, 1811 Justice of the peace: Squire Patterson.
July 10, 1811 Justices of the peace: James Black and Charles
Carson.
December 3, 1811 Justice of the peace: James Smith.
March 28, 1812 Justice of the peace: Daniel Sullivan.
April 27, 1812 Justices of the peace: Aaron Young and Wyatt
Anderson.
November 22, 1812 Judge of the Court of Common Pleas: Abel West-
fall.
March 3, 1813 Justice of the peace: John McMadden.
April 10, 1813 Judge of the Court of Common Pleas: Benjamin
Beckes, vice James Johnson, resigned.
August 7, 1813 Prosecuting attorney : William Prince.
January 7, 1814 Judges of the Circuit court: Luke Decker, first
Judge; Abel Westfall, second Judge; Benjamin V.
Beckes, third Judge.
April 16, 1814 Justice of the peace : John B. Drennen.
September 15, 1814 Associate Judges of the Circuit court: Daniel
SuUivan, first associate; James B. McCall, second
associate.
November 22. 1814 Justice of the peace: Samuel Chambers.
February 8, 1815 Justice of the ijeace: Frederick Graeter.
aiarch 22. 1815 Justice of the peace: Jesse Hollowell.
June 1, 1815 Justice of the peace: Samuel Cobb.
June 17, 1815 Justice of the peace: William H. Routt.
The County Courts 811
December 16, 1S15 Associate Judge of the Circuit court: William
Polk.
March 7, 1S16 Justices of the peace: William Turner aud Ben-
jamin B. Kercheval.
March 23, 1816 Justice of the peace: Samuel Perry.
April 13, 1816 Justice of the peace: Joseph Letchan.
May 18, 1816 Justice of the peace: Frederick 8hultz.
September 7, 1816 Associate Judges of the Circuit court: John
Ewing and Daniel Sullivan.
ASSOCIATE JUDGES.
William B. McCall February 24, 117; resigned, 1819.
William Carrothers February 24, 1817.
John Ewing ^August 1, ISIS.
John B. Drennin April 10, 1S19, vice William B. McCall, resigned;
resigned, February, 1S20.
Henry Ruble April 27, 1820.
Mark Barnett April 27, 1820.
William S. Colman September 25, 1821 ; died, December, 1822.
Edghill Burnside December 25, 1822.
William Polke February 20, 1823, vice William S. Colman, de-
Henry Ruble December 4, 1823; resigned, January, 1829.
John Moore December 4, 1823.
Richard P. Price March 27, 1829 (special election), March 8, 1829.
vice Henry Ruble (resigned), to serve seven years
from December 4, 1823. Richard P. Price died,
March, 1834.
Richard P. Price September 8. 1830, to serve seven years from Feb-
ruary 24, 1831.
John Moore September 8, 1830, to serve seven years from Feb-
ruary 24, 1831.
Joseph Chambers May 13, 1834, to serve seven years from February
24, 1831, vice Richard P. Price, deceased.
Robert N. Carnaan August 11, 1837, to serve seven years from Feb-
ruary 24, 1838; resigned, 1839.
John Barknian August 11, 1837, to serve seven years from Feb-
ruary 24, 1838 ; resigned.
Thomas Bishop August 13, 1839, vice Robert N. Carnaan, resigned.
Andrew Berry August 8, 1842, to serve seven years from February
24, 1838, vice John Barkman, resigned.
Charles Polke August 21, 1844, to serve seven years from Feb-
ruary 24, 1835.
Thomas Bishop August 21, 1844, to serve seven years from Feb-
ruary 24, 1845; died, September, 1845.
Archibald Simpson November 13, 1845 (special election), to serve
seven years from February 24, 1845, vice Thomas
p, deceased.
812 Courts and Lawyers of Indiana
Robert N. Johnson Angust 23. 1S51, to serve seven years from Feb-
ruary 24, lSo2.
Frederick I. Myers August 23, 1851, to serve seven years from Feb-
ruaiy 21, 1S52.
PROBATE JUDGES.
William I'olke .\ugust 13, 1820.
George W. Ewiug .A-pril 19, 1831, aijpoiutetl vice William Polke, re-
signed.
George W. Evs-ing .lugust 13, 1831; resigned, October G, 1835.
Abuer T. Ellis October 19, 1835, appointed to serve until first
Monday in August, 1836.
Abner T. Ellis August 9, 1836; resigned, October, 1838.
Benjamin M. Tliomas__ October 5, 1838, vice Abner T. Ellis, resigned.
Robert N. Carnaan November 9, 1838.
George R. Gibson__ \ugust 13, 1839.
Robt. F. McConaugiiey- July 28, 1841, vice George R. Gibson, resigned.
Robt. F. MeConaughey- August 9, 1841; died, September, 1841.
John H. Harrison October 8, 1841, vice Robert F. McCouaughey, de-
ceased.
James Thom August 8, 1842.
Clark Willis August 24, 1849.
COMMON PLEAS JUDGES.
R. A. Clements, Sr 1852-66, resigned.
James C. Denny Appointed May 21, 1866-November 12, 1866.
R. A. Clements, Sr 866-67.
W. Ray Gardiner Commission issued October 22, 1867 ; declined to
accept.
James T. Pierce 1867-73
DISTRICT PROSECUTING ATTORNEYS.
James H. McConnell— 1852-54.
Clark M. Anthony 1854-55, resigned.
Henry S. Cauthorn Appointed July 2, 1855-56, resigned.
J. W. Burton Appointed March 29, 1856.
William H. Donahey__-lS56-5S.
Oliver T. Baird 1858-60, resigned.
N'oah S. Givan Appointed March 27, 1860-62.
James T. Pierce 1862-66.
Samuel H. Taylor 1866-70.
Europe F. Littlepage— 1870-72, resigned.
Frank B. Posey Appointed March 19, 1872.
Charles H. McCarty 1872-73.
PRESIDENT JUDGES.
Benjamin Parke December 21, ISlO-February 8, 1817, resigned. First
circuit.
William Prince Appointed February 8, lS17-May 16, 1818.
The County Courts 813
Thomas Blake Jlay 16, 1818-December 31, ISIS.
General W. Jobnston___ December 31, ISlS-April 10, 1S19, resigned.
Jonathan Doty Appointed April 10, lS19-MareU 7, 1822.
Jacob Call March 7. lS22-July 28, 1824, resigned.
John K. Porter Ajipointed July 28, lS24-January 20, 1830. The act
of January 20, 1830, put Knox in the Seventh.
John Law January 25, lS30-August 10, 1831, re-signed.
General W. Johnston. — Appointed August 10, 1831-January 21, 1832.
Amory Kinney Januaiy 21. 1832-January 25, .1837.
Elisha M. Huntington__ January 25, 1837-July 12, 1841, resigned.
William P. Bryant Appointed July 12, 1841-January 25, 1844.
John Law January 25, 1844; resigned, July 31, 1850.
.■Samuel B. Gookins Appointed July 31, 1850-January 30, 1851.
Delana R. Eckles January 30, lS51-October 12, 1852.
CIRCUIT JUDGES.
Alvin P. Ilovey October 12, 1852; resigned, September 20, 1854.
Third circuit.
William E. Niblaek September 20, 1S54 : resignetl, Octotlier 24. 1857.
['.allard Smith Appointed October 24, lS57-November 1, 1858.
Michael F. Burke November 1, 1858; died in office in 1864.
James C. Denny Appointed June 27, 1864-November 1, 1864.
John Baker November 1, lS04-November 1, 1870.
Xewton F. Mallott November 1, 1870; died in office in April, 1888. The
act of March 6, 1873, put Knox in the Twelfth,
with Daviess and Martin, and the act of April 2,
1885. made it the sole county in the Twelfth, where
it has since remained.
George W. Shaw Appointed April 28, 18S8-Deceniber 1, 1000.
Orlando H. Cobb December 1, 1900-Deeember 1, 1912.
Beuj. M. Willoughy December 1, 1912; term expires December 1, 1918.
PROSECUTING ATTORNEYS.
John Law August 9, lS24-January 20. 1830. First circuit.
The act of January 20, 1830, put Knox in the
Seventh.
E. M. Huntington January 25, 1830-January 25. 1832 .
John H. Dowden January 25, 1832-April 9, 1833, died.
Erasmus H. McJunkin_Appointed April 9, 1833-August 14, 1834, died.
John Cowgill ___, Appointed August 14, 1834-December 4, 1834.
David McDonald December 4, lS34-August 17, 1837, resigned.
John Cowgill Appointed August 17, lS37-February 13, 1838.
Delana R. Eckles Appointed February 13, 1838-February 15, 1841,
resigned.
Edward W. McGaughey- February 15, 1841-August 10, 1842. resigned.
George F. Waterman Appointed August 10, lS42-December 15. 1842.
John P. Usher December 15. lS42-December 15. 1844.
James M. Ilanna December 15, lS44-December 15, 1846.
814 Courts and Lawyers of Indiana
Jnmes C. Allen December 15, lS46-December 15, 1S48.
Haryey D. Scott August 19, lS51-October 12, 1852.
ADdrew L. Robinson October 32, 1852-November 7, 1834. Third circuit.
Nathaniel Usher November 7, 1854-November 22, 1855, resigned.
Harmon G. Barkwell— November 22. lS55-August 31, 1857. resigned.
William F. Parrott August 31, 1857-November 12, 1S57.
James JI. Shanklin November 12, 1857; resigned, October 11. 1858.
Commission issued again November 24. ISoS. Served
to August 3, 18.59, when the act of Legislature
transferred Shanklin to the Fifteenth.
R. A. Clements. Jr. Appointed August 3, lS59-August 14, 1866.
W. Ray Gardiner Appointed August 14, lS66-November 3, ISGG.
Cutler S. Dobbins November 3, 18C6-November 3, 1872.
Samuel H. Taylor November 3. lS72-JIarch 6, 1873. The act of
JIarch 6, 1873, put Knox in the Twelfth «'ith
Daviess and Martin.
John H. G'Neall Appointed April 12, 1873-November 12, 1877.
Ephraim Moser November 12. 1877-November 12, 1879.
John S. Long November 12, lS79-November 17, 1882.
Arnold J. Padgett November 17, 18882-April 2. 1885. The act of April
2, 1885, made Knox the sole county in the Twelfth,
where it has since remained. This act also trans-
ferred Padgett from the Twelfth to the Forty-
ninth.
William A. Cullop Appointed April 2, lSS5-November 17, 1880.
John C, Adams November 17. 1886-November 17, 1888.
Orlando H. Cobb November 17, 18S8-November 17, 1892.
John T. Goodman November 17, 1892-November 15, 1898.
William S. Hoover November 15. l&9S-January 1, 1903.
Samuel M. Emmison___ January 1, 1903-January 1, 1907.
D. Frank Culbertson___ January 1, 1907-Janunry 1. 1911.
Shuler McCormick January 1, 1911-Januarj- 1, 1913.
Arthur A. Clark January 1, 1913- January 1. 1915.
Joseph W. Kimmell January 1, 1915; term expires January 1, 1017.
Kosciusko County.
Kosciusko county was organized by the Legislature with
the act of January 18, 1837, but did not begin its formal ca-
reer as an independent political unit until the first of the fol-
lowing June. Kosciusko county had previously been a part
of Marshall county, its entire territory being included in that
county in what was known as Turkey Creek township. The
commissioners, designated in the organizing act to select a
site for the seat of justice, selected the present town of War-
The County Courts 815
saw without seriously considering any other place in the coun-
ty. The only other site which received any consideration was
Leesburg, which, at that time, was a town of more import-
ance and the center of the most thickly populated part of the
county. Warsaw was laid out, and the plat filed by W. H.
Knotton, October 21, 1836.
The records of the first court show that it convened at
the house of Levi Lee in Leesburg, October 31, 1836, but that
an adjournment was taken from Leesburg to Warsaw, where
it appears that court was held at the house of Jacob Losier
until a suitable building was provided. The first court house
was a temporary structure, which gave way to a frame build-
ing in the center of the court house square in 1845. When
Kosciusko county was organized, it was attached to the Eighth
judicial circuit, which, at that time, was presided over by
Samuel E. Sample. It is interesting to note that in August,
1836, the county boasted a total of 289 polls. The early
court records of Kosciusko county do not disclose any criminal
business of importance, the great majority of the indictments
being for minor ofl"enses. It is not known that any other
county in the state had as peculiar a seal as was adopted by
the first commissioners of this county. Whether they lacked
originality, or whether they were mercenarily inclined is not
known, but whatever the reason may have been, they decided
to adopt the reverse side of the United States dime as their
first seal.
ASSOCIATE JUDGES.
Henry Ward June 13. 1836. to serve seven years from date.
James Comstock June 13, 1836, to serve seven years from date.
Removed from county. May, 1841.
James Brown August 14, 1841 (special election), to serve seven
years from June 13, 1836.
Samuel D. Hall August 10, 1842, to serve' seven years from June
13, 1843.
J.imes Brown August 10, 1842, to serve seven years from June
13, 1843.
James Humphreys August 25, 1840, to serve seven years from June
13, 1850.
Isaac H. Jennings August 25, 1849, to serve seven years from June
13, 1850.
816 Courts and Lawyers of Indiana
PROBATE JUDGES.
William B. Blain August 16, 183S; resigned.
Jacob Raker June IG, 1842, vice William B. Blain.
Joseph Hall August 10, 1842. to serve seven years from date;
resigned, July, 1843.
Clement B. Siuiousou__ July 25, 1845 (special election), vice Joseph Hall,
resigned.
John Rogers .Vugust 15, 1843; resigned jirior to August 7, 1850.
William C. Graves August 7, 18.50, vice John Eoger.s, resigned.
Jacob Felkner August 20,1850.
COMMON PLEAS JUDGES.
John L. Knight 1852-56, resigned.
George E. Gordon Appointed Januai-y 10. lS56-October 28, 1856.
Joseph H. Matlock 1856-60.
Kline G. Shryock 1860-62.
David D. Dykeman: 1862-65, resigned.
Thomas C. Whiteside— Appointed May 12, 1865-70, resigned.
Daniel P. Baldwin Appoiuted August 25, lS70-October 24. 1870.
James H. Cai-penter 1870-73.
DISTRICT PROSECUTING ATTORNEYS.
Joseph H. Matlock 1852-55, resigned.
James Wallace Appoiuted July 14, 1855-56.
Moses P. Collins 1S56-58.
Walter Scott 185S-.50, resigned.
Elisha V. Long 18.59-60.
William DeHart 1860-resigned.
W. W. Shuler Appointed December 22, 1860-61, resigned.
E. T. Dickey Apiwinted November 2, 1861-62.
Stewart T. McConneU. 1862-64.
John A. Farrell 1864-66, resigned.
Dyer B. McConnell \ppointed March 14, 1S66.
Horace S. Foot 1866-68.
Jerome Q. Stratton 1868-70.
Hiram G. Depuy 1870-72.
H. B. Shively 1872-73.
PRESIDENT JUDGES.
Samuel C. Sample June 1, lS37-August 8, 1843, resigned. Ninth cir-
cuit.
John B. Niles Appointed August 8, lS43-December 1, 1843.
E. M. Chamberlain December 1, 1843; resigned in August, 1852.
Itobert R. Lowry Appointed August 28, lS52-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon Octolier 12, 1852; resigned August 15. 1855. Tenth
circuit.
James L. Worden .Appointed August 15, 1855; resigned January IS,
1858.
The County Courts 817
Reuben J. Dawson Appointed January IS. ISoS-October 26. 1S5S.
Eaward R. Wilson October 26, 1858-October 26, 1S64.
Robert R. Lowry October 26, lS64-February 20, 1S67. The act of
February 20, 1867, put Kosciuslio in the Four-
teenth,
Hiram ,S. Tousley Appointed February 28, 1867-October 30, 1872.
James I. Best October 30, lS72-March 6, 1873, The act of March
6, 1873, put Kosciusko in the Thirty-third.
Elisha V. Long Appointed March 17, lS73-October 22, 1885,
Walter Olds October 22, 1885; resigned December 31, 1888.
Joseph W. Adair Appointed December 31, 188.S-March 1, 1SS9.
The act of March 1, 1889, made Kosciusko the sole
count.T in the Fifty-fourth, where it has since re-
mained.
James S. Frazer .Appointed March 1, lS80-Xovember 17, 1890.
Edgar Raymond November 17, 1880-November 17, 1896.
Hiram S. Biggs November 17. 1806-February 1, 1894, resigned.
L. W. Royce Appointed Februai-y 1, 1904-November 17, 1908.
Francis Bowser November 17, 1908; term expires November 17,
11I20.
PROSECUTING ATTORNEYS.
Joseph L. Jernegan Appointed June 1, 1837-August 15, 1838, resigned.
Ninth circuit.
John B. Niles Appointed August 15. lS3.S-December 7, 1838.
William C. Hanna December 7. lS38-December 15. 1812.
E. M. Chamberlain December 15. lS42-Septeniber 19, 1813, resigned.
Reuben L. Famsworth_ Appointed September 19, lS43-September 19, 1845.
Johu.son Horrell Appointed September 19, 1845; failed to file with
secretary of state his bond and oath of office. His
commission returned April 29. 1846, "said Farns-
worth not vacating his office."
James Bradley Appointed April 13, 1840; vice Farusworth. re-
moved from state, served to August 25, 1846.
Jo.-=eph H. Mather Appointed August 25, 1846-August 2.5, 184S,
James S, Frazer August 28, lS51-October 12, 1852,
John M. Connell October 12. 1852-January 27, 1853. Tenth circuit.
Joseph Breckenridge Appointed January 27, 1853; refused to accept
office,
James L. Wordeu Appointed February 17, 18.53; resigned, February
1, 18.54.
E. R. Wilson Appdinted February 1. 18.54-August 20, 18,56, re-
signed,
Randford J, Stoughton- Appointed August 20, 1856-December 6, 1858,
James M, Defrees December 6, 1858; died, May, 1859.
John Colerick Appointed May 10, lS59-October 26, 1860,
(52)
818 Courts and Lawyers of Indiana
Augustus A. Chapiu_._ October 2G, ISGO-November 3. 1S62.
James H. Schell November 3. lS62-Noyember 3, 1S06.
Thomas W. Wilson November 3, lSa6-February 20, 1S67. The net of
February 20, 1867, put Kosciusko in the Four-
teenth.
James H. Cai-penter ApiMinted March 7, lS67-October 30, 1867.
Ezra D. Hartman October 30, 1867-October 24, 1870.
James McGrew October 24, lS70-May 20, 1872.
Leigh H. Haymond Appointed May 20, lS72-March 6, 1873. The act of
March 6, 1873, put Koseluslso in the Thirty-third.
Thomas I. Wood March 6, lS73-October 26, 1874. The act of March
6, 1873, transferred Wood from the Ninth to the
Thirt.v-thlrd.
Perry O. Jones October 26, lS74-March 9, 1875. Transferred to
Forty-first.
James A. Campliell Appointed March 9, lS7o-October 25, 1876.
Lemuel W. Royce October 24, lS76-October 24, 1878.
Jlichael Sickafoose ___ October 24. 187S-October 25, 1880.
John D. Widamon October 25. ISSO-November 17, 1SS2.
Michael Sickafoose November 17, 18S2-November 17, 1884.
James W. Cook November 17, lS.S4-November 17, ISSS.
George M. Ray November 17, ISSS-November 17. 1S90. The act of
March 1, 1889, put Kosciusko in the Fifty-fourth.
This act transferred Ray to the Fifty-fourth.
William H. Filer November 17, lS90-November 17, 1894.
L. B. McKuley November 17, lS94-November 17, 1896.
Melviu H. Summy November 17, 189e-January 1, 1901.
Henry W. Graham January 1, 19Cl-January 1, 1905.
John A. Sloane January 1. 1905-January 1, 1907.
F. Wayne Anglin January 1, 1907-January 1, 1909.
Herschell V. Lehman— January 1, 1909-January 1, 1913.
F. Wayne Angliu January 1, 1913- January 1, 1915.
Homer Longfellow January 1. 1915; term expires January 1, 1017.
Lagrange County.
Lagrange county was organized by the legislative act of
February 2, 1832, and began its independent career on the
first of the following April. The first county seat was located
on the site of an old Indian village, which bore the euphonious
name of Mongoquinong. This name was somewhat too cum-
bersome and the locating commissioners shortened it to Lima.
The county seat remained at this place for more than ten
years, but as the population of the county increased, it became
evident that a more central location for the seat of justice was
The County Courts 819
imperative. The Legislature was asked to pass an act pro-
viding for relocation and the act of February 13, 1840, desig-
nated locating commissioners for this purpose.
The town of Lagrange had been platted June 18, 1836, and
in the summer of 1840 the locating commissioners selected
this town, which, on account of its central location, has proved
to be a satisfactory site in every particular. The court house
in Lagrange was officially accepted by the county commis-
sioners on December 5, 1843, and on the iirst of the following
January the records were transferred from the old county
seat at Lima to the court house in Lagrange.
The first term of the Circuit court of Lagrange county
met at the house of Moses Rice, October 22, 1832. According
to the records, the court was called to order "at a convenient
place between two haystacks," but it later adjourned to the
house of Rice, where the session was held. At the time of its
organization, Lagrange was attached to the Sixth judicial cir-
cuit, which was then presided over by Judge Charles H. Test.
Luther Newton and Ephraim Seeley were the first Associate
Judges and W. J. Brown was the prosecuting attorney of the
circuit. However, Brown was not present at the opening ses-
sion on account of illness and Samuel C. Sample was appointed
prosecutor pro tern in his place.
ASSOCIATE JUDGES.
Ephraim Seeley May 22. 1832, to serve seven years from date.
Luther Newton May 22, 1832, to serve seven years from date.
Thomas I. Spaulding— August 22, 1S3S, to sei-ve seven years from May 22,
1839.
Samuel Wescott August 22, 1838, to serve seven years from May 22,
1839.
Amos Davis September 7, 1842, vice Samuel Wescott, removed
from county,
Joshua F. Hobbs August 28, 1844, vice Thomas I. Spaulding (re-
signed), to serve seven years from May 22, 1839.
Amos Davis September 20, 1845, to serve seven years from May
22, 1846.
Joshua S. Hobbs September 20, 1845, to serve seven years from
May 22, 1846; resignation filed June 16, 1851.
PROBATE JUDGES.
Elias B. Smith August 22, 1838,
William Hess Prentiss. August 17, 1840,
William Hess Prentiss. August 19, 1847,
820 Courts and Lawyers of Indiana
COMMON PLEAS JUDGES.
Joliu H. Mather 1S52-56.
Edgar W. Metcalf 1856-60.
William M. Clapp 1860-73.
DISTRICT PROSECUTING ATTORNEYS.
Robert Parrett 1852-54, resigned.
Edgar W. Metcalf Appointed NoTeiuber 9, 1854-56, resigned.
Milo S. Hascall Appointed October 2S, 1856-58.
John K. Morrow 1858-60.
George W. Cummings__ 1860-62.
Lewis Covin 1862-64.
Asa M. Tinker 1864-66.
Joseph D. PeiTall 1866-68.
Joseph R. Morton 1868-73.
PRESIDENT JUDGES.
Charles H. Test April 1. lS32-Januaiy 7, 1833. The act of January
7, 1833, took Lagrange out of the Sixth and put it
in the Eighth.
Gustavus A. Everts January 9. 1833-July 5, 1836, resigned.
Samuel O. Sample Appointed July 5, 1836-January 9, 1836; trans-
. ferred to the Ninth.
Charles W. Ewing January 9, 1836- September 1, 1839.
Henry Chase September 1, 1839-Deeember 15, 1839.
John W. Wright December 15, 1839-December 14, 1841. The act of
December 14, 1841, put Lagrange in the Twelfth.
James W. Borden December 15, lS41-July 23, 1851, resigned.
Elza A. McMahon Appointed July 31, lS51-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned August 15, 1855. Tenth
circuit.
James L. Wordeu A]ipointed August 15, 1855; resigned January 18,
1858.
Reuben J. Dawson Appointed January 18, lS5S-October 26, 1858.
Edward R. Wilson October 26, 1858-October 26, 1864.
Robert R. Lowry October 26, lS64-February 20, 1867. The act of
February 20, 1867, put Lagrange in the Fourteenth.
Hiram S. Tousley Appointed Februaiy 28, 1867-Oetober 30, 1872.
James I. Best October 30, 1872-March 6, 1873. The act of March
6, 1873, put Lagrange in the Thirty -fourth with
Elkhart, where they have since remained.
James D. Osbom Appointed March 13, 1873-October 22, 1873.
William A. Woods October 22, 1873; resigned January 3, 1881.
James D. Osbom Appointed January 6, 1.8.81-November 15, 1888.
John M. Van Fleet November 15, lS88-November 15, 1894.
Henry D. Wilson November 15, 1894-November 15, 1900.
The County Courts 821
Joseph D. Ferrall Xovember 15, 1900 ; died in office, February 16,
1904.
Otis L. Ballon Appointed February 16, 1894-February 25, 1904.
Judge Ballou was appointed under statute provided
in cases similar to this one — where the Presiding
Judge died in term time. He presided over the
court until the governor appointed Judge Jlerritt.
Francis D. Jlerritt Appointed Februai-y 25, 1904-November 1.5, 1904.
James S. Dodge November 15, 1904-November 15, 1910.
James S. Drake Xovember 15, 1910; term expires November 15,
1916.
PROSECUTING ATTORNEYS.
William J. Brown April 1, 1832-January 7, 1S33. The act of January
7, 1833, tooli Lagrange out of the Sixth and put it
in the Eighth.
John B. Chapman January 10, 1833-August 11, 1S34, resigned.
Samuel C. Sample Appointed August 11, lS34-July 5, 1836, resigned.
Joseph L. Jemegan Appointed July 5, 1836-December 10, 1836, resigned.
Thomas Johnson Appointed December 10, 1836-December 3, 1838.
John W. Wright December 3, 1838-December 5, 1839.
Lueian P. Ferry December 5, 1839-December 14. 1841. The act of
December 14. 1841, put Lagrange in the Twelfth.
William H. Combs December 14. lS41-December 14, 1843.
Robert L. Douglas December 14, 1843-September 19, 1845.
Elza A. McMahon Septenilun- 19. lN-15-September 19, 1849.
James L. Worden August 2s, lsr,]-(i|.tober 12, 1852.
John M. Connell October li'. Is.-c'-Jauuary 27, 1853. Tenth circuit.
.Joseph Braclienridge January 27. 1853; resigned to accept office.
James L. Worden Appointed Februai-y 17, 1853-February 1, 1854, vice
Connell, resigned, and Braclienridge, who refused
to accept office.
Edward R. Wilson Appointed February 1, lS54-August 20, 1856, re-
signed.
Sanford J. Stoughton_-_ Appointed August 20. 1856-December 6, 1858.
James M. Defrees December 6. 1858; died in May, 18.59.
John Colericlj Appointed May 10, lS59^0ctober 26, 1860.
Augustus A. Chapin October 26. 1860-November 3, 1862.
.Tames H. Schell November 3, 1862-November 3, 1866.
Thomas W. Wilson November 3. lS66-February 20, 1867. The act of
FehruaiT 20, 1867, put Lagrange in the Fourteenth.
James H. Carpenter— Appointed March 7, 1867-October 30, 1867.
Ezra D. Hartman October 30, lS67-October 24, 1870.
James McGrew October 24, lS70-May 20, 1872.
Leigh H. Haymond Appointed Jlay 20, lS72-March 6, 1873. The act
of March 6, 1873. put Lagrange in the Thirty-fourth
with Ellihart. where they have since remained.
822 Courts and Lawyers of Indiana
Cyrus U. Wade Appointeci March 13, 1873-October 22, 1873.
Wesley C. Glasgow October 22, 1873-October 22, 1877.
Cyrus U. Wade October 22, 1877-October 22, 1879.
James S. Drake October 22. 1879-October 22, 1883.
Francis D. Merritt October 22, 1883-October 22, 1887.
John E. McClaskey October 22. lS87-October 22, 1889.
John T. Sullivan October 22, 1889-October 22, 1893.
Miles R .Mcaaskey October 22. lS93-October 22, 1897.
Charles G. Sims October 22, 1897-January 1, 1902.
William B. Hile January 1, 1902-January 1, 1906.
William H. Du£f January 1. 1906-January 1, 1908.
Lloyd L. Burris January 1. 1908-December 29, 1910, resigned.
James L. Harmon Appointed December 29. 1910- January 1, 1912.
Sidney K. Ganiard .Januai-y 1. 1912-January 1. 1914.
Oscar Jay Jauuai-y 1, 1914; term expires January 1. 1918.
Lake County.
Lake county was organized by the legislative act of Jan-
uary 18, 1837. The act provided that the county should begin
its formal career on the 15th of the following month. The
county experienced considerable trouble in getting its seat of
justice permanently located.
Although the locating commissioners were named in the
act or January 18, 1837, which organized the county, nothing
had been done by them up to February 17, 1838. On the lat-
ter date the Legislature passed an act establishing a tempo-
rary court house at the residence of Milo Robinson. The act
said, "Whereas, nearly all the lands within the limits of the
County of Lake are yet the property of the General Govern-
ment," it is "impossible at present to make a permanent loca-
tion of a seat of justice." For this reason the residence of
Robinson was "recognized and established as the court house
and the seat of justice of said county." On the same day the
Legislature passed another bill selecting two new men on the
locating board of commissioners to take the places of two
named in the act organizing the county. One man had died
and the other refused to serve.
This reorganized board, however, did nothing toward lo-
cating the county seat, and the next Legislature passed an
act, February 14, 1839, creating a new set of commissioners
with discretionary authority to locate the seat of justice. They
The County Courts 823
were to meet at Robinson's court house on the first Monday
of May, 1839, and proceed to examine all proposed sites.
There were three locations offered ; the first site, "Lake Coun-
ty Court House," usually written as "Lake C. H.," Cedar Lake
and Liverpool. Liverpool was the successful bidder, but the
site was not satisfactory to a majority of the citizens. For
the third time the Legislature was appealed to, and a third
set of locating commissioners was named in the act of Febru-
ary 13, 1840. The commissioners rode into the county in
June, looked over the ground, canvassed the claims and offers
of the various sites and finally settled on the site of the orig-
inal court house of Robinson, "Lake County Court House."
This name was admitted to be a little too cumbersome and it
was suggested that the county agent, George Earle, and the
two proprietors. Judge Clark and Solon Robinson, get togeth-
er and select a new name. They agreed on Crown Point and
the county seat has ever since borne that name.
The first session of the Lake Circuit court convened at
"Lake Court House," as the seat of justice was then called,
in the log building which was provided by Milo Robinson.
Upon the organization of the county it was attached to the.
Ninth circuit over which Samuel C. Sample was then presid-
ing. The county remained in this circuit until the adoption
of the new Constitution in 1852. During this period of fifteen
years (1837 to 1852) there were four Judges who presided
over the circuit to which Lake county was attached. All of
these Judges have been mentioned in other counties.
When the state was divided into ten circuits in 1852, Lake
countj was placed in the Ninth circuit, which at that time in-
cluded no less than thirteen counties, namely: Lake, Porter,
Laporte, St. Joseph, Marshall, Starke, Fulton, Carroll, Howard,
Pulaski, White, Cass and Miami. This was by far the largest
circuit in the state, although the smallest circuit had seven
counties. The circuits were decreased in size from time to
time and by 1873 the population had increased to such an ex-
tent that the state was divided into thirty-eight circuits. The
act of March 6, 1873, constituted Lake, Porter and Starke as
the Thirty-first circuit. Lake has been the sole county in the
circuit since the act of February 24, 1913, at which time Por-
824 Courts and Lawyers of Indiana
ter, with which it had been united since February 24, 1883,
was established as the Sixty-seventh circuit.
The Judges who have served since 1852 have nearly all
been mentioned in the counties where they lived. Judge Eli-
sha C. Field, now president of the Monon Railroad, was born
in Valparaiso, April 9, 1842. After graduating from Valpa-
raiso University he entered the University of Michigan and
graduated with the degree of LL. B. in 1865. The same year
he was admitted to the bar and located at Crown Point, where
he soon built up a large practice. He was elected Judge of
the Twenty-first circuit in 1879 and served on the circuit
for ten yeai's. He resigned in 1889 to become to general so-
licitor of the Louisville, New Albany & Chicago Railroad,
later known as the Chicago, Indianapolis & Louisville Rail-
road — the Monon Route. In 1907 he was made vice-president
of the road and in 1914 was elected president.
John H. Gillett, who was appointed July 2, 1892, to fill the
unexpired term of William Johnston, also served for ten years
on the circuit to which Lake was attached. Judge Gillett re-
signed January 25, 1902, to accept an appointment to the Su-
preme bench to fill the unexpired term of Francis E. Baker.
Judge Gillett was later elected as a member of the Supreme
court and served until January, 1909. Upon retiring from
the bench he again engaged in practice in Hammond, where
he has lived since he was admitted to the bar in 1881. Judge
Gillett was born in 1860 at Medina, New York, but has lived
practically all of his life in Indiana. He is the author of two
legal publications which have received high commendation
at the hands of his fellow members of the bar. His work on
"Criminal Law" was first issued in 1888, a second edition
coming from the press in 1895. In 1897 he issued "Indirect
and Collateral Evidence."
Willis C. McMahan, the present Judge of the Lake Circuit
court was born in Carroll county, Indiana, August 2, 1858.
After graduating from the Delphi high school he started to
teach, later entering the University of Michigan, where he
studied law in 1881 and 1882. He continued his legal educa-
tion in the office of a Logansport firm and was admitted to
the bar at Delphi in 1883. In the spring of 1884 he located
The County Courts 825
at Crown Point and has made this county his home since that
time. He was prosecuting attorney from 1890 to 1894 and
was serving as county attorney when Governor Durbin ap-
pointed him, January 25, 1902, to fill the unexpired term of
Judge Gillett. Judge McMahan was elected in the fall of the
same year and re-elected in 1908 and 1914.
Lake county has had two members of its local bar who
have served in Congress, Thomas J. Wood and John B. Peter-
son. Wood was born in Ohio, reared on a farm, taught school
in Vigo county, Indiana, worked his way through the law de-
partment of the University of Michigan and graduated at the
head of his class in 1868. He at once located at Lowell, Lake
county, Indiana, where he began the practice of his profession,
but two years later moved to Crown Point, where he lived the
remainder of his life. He became one of the Democratic lead-
ers of his county, was elected to several town offices, served
as prosecuting attorney from 1872 to 1876, served in the state
Senate from 1876 to 1880 and was elected to Congress in the
fall of 1882 from the Tenth district. After serving one term
in Congress he returned to Crown Point, where he lived until
his death, October 13, 1908. It might be mentioned that when
he was elected to Congress in 1882 he had the largest Re-
publican majority of any district in the state to overcome,
and that as a result of the strength shown by him in his race
for Congress his name was even mentioned for the presidency.
John B. Peterson, the other congressman from Lake coun-
ty, was born in this county, July 4, 1851, and has been identi-
fied with the legal profession of his county since he was nine-
teen years of age. He served as prosecuting attorney from
1880 to 1884, the only official position which he has held be-
sides his service in Congress. In 1913 he was elected to Con-
gress as a representative of the Tenth district, a district
which had been overwhelmingly Republican for many years.
Peterson has not only been a successful lawyer, but has also
given considerable of his time. and attention to the banking
business. He is president of the Commercial bank of Crown
Point and the First Calumet Trust and Savings bank of East
Chicago.
826 Courts and Lawyers of Indiana
ASSOCIATE JUDGES.
William Clark April 15, 1837, to serve seven years from date.
William B. Crooks April 15, 1S37 ; removed from county, 1838.
Henry D. Palmer„__— February 11, 1838, vice William B. Crooks.
Samuel Turner August IS, 1843, to serve seven years from April
15. 1844 ; died, February, 1847.
Henry D. Palmer August IS, 1S43. to serve seven years from April
15. 1S44.
Benjamin JlcCarty August 21, 1847, to serve seven years from April
15, 1844, vice Samuel Turner, deceased; resigned,
September, 1849.
Alexander F. Brown November 3. 1849, to serve seven years from April
15, 1S44 ; died before qualifying.
William Rockwell January 12, 1850 (special election), to serve seven
years from April 15, 1844.
William Rockwell September 26, 1850, to serve seven years from
April 15, 1851.
Michael Pearce September 20, 18.50, to serve seven years from
April 15, 1851.
PROBATE JUDGES.
Robert Wilkinson November 10, 1837.
Hervey Ball August .30, 1844; resigned, July, 1849.
David Turner August 25, 1S49 (special election).
COMMON PLEAS JUDGES.
Herman Lawson 1852-5(5.
William C. Talcott 1856-08.
Hiram A. Gillett 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
Daniel Noyes 1852-54.
J. A. Thornton 18.54-56.
Martin Wood 1856-58.
Edward JI. Horan 1S5S-59. died in office.
Joseph M. Door Appointed July 6, 1859-00.
R. S. Dwlggins 1860-62.
Oliver W. Ray 1862-64.
James Burson 1864-66.
Elisha C. Fields 1866-68.
William H. Martin 1868-70.
William T. Horine 1870-72.
Newton T. Bozart 1872-73.
PRESIDENT JUDGES.
Samuel C. Sample February 15, lS37-August S, 1S43, resigned. Ninth
circuit.
John B. Niles Appointed August S, lS43-December 1, 18-13.
E. M. Chamberlain December 1. 1S43: resigned in August, 1852.
Robert R. Lowry Appointed August 28, 1852-October 12, 1S52.
The County Courts 827
CIRCUIT JUDGES.
Thomas S. Staufield October 12, 1852 ; resigned, Februai-j- 23, 1857.
Niuth circuit.
Albert G. David February 23, 1857-November 17. 1S57.
Andrew L. O.sborn November 17, 1857-October 24, 1870.
Thomas S. Stanfleld— October 24, 1870-March 6, 1873. The act of March
6, 1873, put Lalve in the Thirty-first.
Hiram A. Gillett Appointed March 14, 1873-October 22, 1879.
Elisha C. Field October 22, 1879; resigned in March, 1889, to be-
come general solicitor for the Monon route.
William Johnston Appointed March 12, 1SS9; resigned, July 2, 1892,
John H. Gillett Appointed July 2, 1892; resigned, January 25,
1902, to accept an appointment to the Supreme
bench.
Willis C. McJIahau Appointed January 25, 1902-term expires Novem-
ber 13, 1920. The act of Febru.Try 24, 1913, made
Lake the sole county in the Thirty-first, where it
has since remained.
PROSECUTING ATTORNEYS.
Joseph L. Jernegan February 15. 1837-August 15, 1838, re.signed. Ninth
circuit.
John B. Niles August 15, l.S;38-December 7, 1838.
William C. Ilanna December 7. 1 S38-December 15, 1842.
E. M. Chamberlain December 15, 1842-September 19, 1843.
Reuben L. Farnswortti- September 19, 1843-September 19, 1845,
Johnson Horrell September 19, 1845; failed to file with secretary
of state his bond and oath of office. His com-
mission returned April 29, 1846, "said Farns-
worth not vacating his office,"
James Bradley Appointed April 13, lS46-Augu.st 2-5, 1846; vice
Farnsworth removed from state.
Joseph H. Mather August 25, 1S4G-August 25, 1848.
James S. Frazer August 25, lS51-October 12, 1852.
D. J. Woodward October 12. lS.52-November 7, 1854. Ninth circuit.
Morgan H. Weir November 7, 185-4-October 1, 1856, resigned.
Reuben L. Famsworth. Appointed October 1, 1856-October 30, 1856.
Mark S. Dumont October 30. 18.56-November 15, 1858.
William B. Biddle November 15. 185S-November 15, 1860.
David T. Phillips November 15, 1860-November 15, 1864.
Aaron G. Guiney November 15, lS64-November 15, 1866.
William H. Calkins November 15, lS66-November 15, 1870.
Michael L. Essick November 15, lS70-November 15, 1872.
Thomas J. Wood November 15. 1872-November 15, 1876, The act of
March 6, 1873, put Lake in the Thirty-first. This
act transferred Wood from the Ninth to the Thirty-
first.
828 Courts and Lawyers of Indiana
Jiiluis W. Xouche November 15, lS76-Xovember 15. ISSO.
Joliu B. Peterson November 15, ISSO-November 17, 1SS4.
Edgar D. Crumpacker November 17, lSS4-November 17, 1S8S.
Cbarles N. Norton November 17, ISSS-November 17, 1890.
Willis C. McJIahan November 17, lS90-November 17, 1894.
Thomas H. Heard November 17, lS94-Xovember 17, 1898.
Stanley H. Sutton November 17, 1898- January 1. 1901.
William J. McAleer .January 1. 1901-January 1, 1907.
David E. Boone January 1. 1907-January 1. 1911.
Charles E. Greenwald__ January 1, 1911-January 1. 1913. The act of Feb-
ruary 24, 1913, made Lalie the sole county in the
Thirty-first, where it has since remained.
James A. Patterson January 1, 1913; term expires Januai-y 1. 1917.
SUPERIOR COURT.
Lake county was united with Porter and Laporte in one
Superior court circuit by the act of March 9, 1895, which
was passed over the Governor's veto. These three counties
continued to form one Superior court circuit until the act of
March 8, 1907, divided the circuit, malting Lake one court and
Porter and Laporte another. The Judge of the district for-
merly including the three counties became the Judge of the
Porter-Laporte Superior court and the Governor appointed,
for the Lake Superior court, Virgil S. Reiter, who is still on
the bench. The population of Lake county increased to such
an extent that it was found necessary to provide additional
courts and the act of February 22, 1911, provided for two
additional Superior Judges. The Governor appointed Law-
rence Becker, Judge of Room 2, and he served until November,
1914, when Walter T. Hardy, who had just been elected, as-
sumed the bench. For Room 3, Judge Johannes Kopelke was
appointed March 6, 1911, to serve until November 16, 1914, on
which date Charles E. Greenwald ascended the bench. Room 3
alternates between Hammond and Crown Point, holding five-
Vi^eek sessions.
Lake is the only county in the state which boasts of two
court houses, there being one at Crown Point, the county seat,
and another at Hammond. The building of the court house
at Hammond was the result of the establishment of a Supe-
rior court in Lake county and the credit for the building be-
longs to James M. Bradford, a successful business man of the
The County Courts 829
city who has always taken an active part in the civic life of
the county. It was while serving as county commissioner
from 1894 to 1900 that he took the lead in the agitation for a
court house in Hammond for the use of the Superior court.
It was originally stipulated when a Superior court was es-
tablished in Hammond that the county commissioners should
provide quarters for holding its sessions. But Bradford was
anxious for the city to provide a court house and through his
efforts a site was selected and an architect secured to provide
plans for a building, and all of this was done before the oppo-
nenets of his scheme realized what he was doing. The ques-
tion of building was taken into the courts, where the matter
was finally settled in favor of Bradford and those advocating
the erection of the building.
The first Judge of the Superior court of Lake county was
Virgil S. Reiter, a native of Indiana. He began the practice
of law at Rochester, Indiana, where he later served as city
attorney. He located at Hammond in August, 1893, and serv-
ed as city attorney in Hammond from 1902 to 1904. He has
been on the Superior bench from the time the court was estab-
lished. Upon the organization of Room Two of the Lake Su-
perior court in 1911, the Governor appointed Lawrence Beck-
er, a native of Germany and a resident of Hammond since
1896, as its first Judge. Judge Becker came from Germany
with his parents when ten years of age, the family settling
at Tolleston, Indiana, where they lived four years. The fam-
ily then moved to Montana, where young Bradford remained
until he was twenty-three years of age. He then returned to
Indiana and completed his education at Valparaiso Univer-
sity, graduating from the law department in 1896. He served
as city attorney at Hammond from 1898 to 1902 and was
Mayor of the city from May, 1904 to March, 1911, when he
was appointed Judge of the Superior court. Room Two. He
served until November, 1914, when he was succeeded by the
present incumbent, Walter T. Hardy. At the time Rooms Two
and Three were established in 1911, Johannes Kopelke was
appointed Judge of Room Three. Judge Kopelke was born in
Germany and received his education in the Royal Gymnasium
of his native land before coming to America. Upon coming
830 Courts and Lawyers of Indiana
to this country he entered the University of Michigan and
graduated from the law department of that institution in
1876. He at once located at Crown Point, Indiana, and formed
a partnership with T. S. Fancher, but the partnership was dis-
solved three years later. He served in the state Senate from
1891 to 1895. He held no other official position until he was
appointed Judge of the Superior court, Room Three, in Lake
county on March 6, 1911. He served until November 16, 1914,
at which time Charles E. Greenwald took the bench. Judge
Greenwald had been a member of the Lake county bar for
about fifteen years before his election to the Superior court
of his county in 1914. He was born in Cleveland, Ohio, grad-
uated from the law department of the University of Michigan
in 1895, and three years later located at Whiting, Indiana,
where he has since resided. He was prosecuting attorney of
the Thirty-first circuit from 1911 to 1913.
Laporte County.
Laporte county was organized by the Legislature on Febru-
ary 2, 1832, and the act became effective on the 1st of the
following April. The county seat has always been at Laporte,
although Michigan City has made several attempts to secure
it. The first session of the Circuit court was held in October,
1832, at the home of A. B. Andrew. The courts were held at
various places for the first two or three years. In fact, the
county seat was not laid out until 1833, and a year later there
were only fifteen houses in the village.
When Laporte county was organized in 1832 it was at-
tached to the First circuit, but a year later (January 7, 1837)
it was placed in the Eighth, where it remained until the act
of February 17, 1838, put it in the Ninth. It remained in
this circuit until the adoption of the new Constitution in 1852.
The seven Judges who presided during the two decades prior
to 1852, when the new Constitution went into operation, have
been mentioned in other counties of the circuit. None of them
was a resident of Laporte county.
Thomas L. Stanfield was the first Judge of the circuit
elected under the new Constitution, Laporte county being then
in the Ninth circuit with the counties of Lake, Porter, St.
The County Courts 831
Joseph, Marshall, Starke, Fulton, Carroll, Howard, Pulaski,
White, Cass and Miami. Laporte remained in this circuit,
which was decreased from time to time, until March 6, 1873,
when it was united with St. Joseph in the Thirty-second cir-
cuit. The two counties were united until January 3, 1897,
when Laporte was made the sole county of the Thirty-second
and St. Joseph constituted the newly created Sixtieth.
Lucius Hubbard was Judge of the Thirty-second circuit
when it was divided by the act of January 30, 1897, and
since he lived in South Bend he was transferred to the St.
Joseph Circuit court, the newly created Sixtieth. Governor
Mount appointed William P. Biddle on March 23, 1897, as
Judge of the Laporte Circuit court to serve until the Novem-
ber, 1898, election. At that time John C. Richter was elected
to the bench and served two terms. James F. Gallaher, the
present incumbent, took the bench on November 15, 1910.
ASSOCIATE JUDGES.
Jacob Miller M;i,v 5, 1S32, to serve seveu years from date.
Judali Leamiug Jlay 5, 1832, to serve seven years from date.
David Evans August 23, 1834, vice Jacob Miller (resigned), to
serve seven years from May 5, 1S32 ; resigned.
August, 1836.
Clinton Foster August 22, 1835, vice Judah Learning (resigned),
to serve seven years from May 5, 1S32.
Gustavus A. Rose October 5. 1S36 (special election ^ vice David Ev-
ans (resigned-, to serve seven years from May 5,
1832.
Gustavus A. Rose .Vngust 24. 1S3S, to serve seven years from May .5,
1839.
Willard A. Place Au^rust 24. 1838, to serve seven years from May 5,
1839; resigned, June, 1839.
Charles W. Henry August 21, 1839 (special election), vice Willard A.
Place (resigned), to serve seven years from May 5,
1839.
William Andrew An^'ust 20, 184.5, to serve seven years from May 5,
1846.
Abner Bailey August 20. 184.5, to serve seven years from May 5,
1846.
PROBATE JUDGES.
Benjamin McCarty September 6, 1832.
Cbapel W. Brown August 23. 1S34, vice Benjamin McCarty (re-
signed), to serve seven years from date.
Jabez R. Wells September 13, 1841, to serve seven years from date.
832 Courts and Lawyers of Indiana
Jabez R. Wells August 29, 1S4S, to serve seven years from Sep-
tember 13, 184S. Jabez E. Wells refused to qualify.
Gilbert Hatbaway January 16, 1849, appointed.
Milford K. Farrand August 24, 1S49.
COMMON PLEAS JUDGES.
Herman Lawson lS.52-56.
William C. Talcott 1856-GO.
Elisha Egbert ISGO-TO.
Edward J. Wood 1870-72.
Daniel Koyes 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Daniel Noyes 1802-54.
J. A. Tboraton 18.54-56.
Martin Wood 1856-58.
Edward JI. Horan 1858-59, died in office.
Josepb M. Dorr Appointed July 6, 1859-60.
Charles P. Jacobs 18G0-62.
William Andrews 1862-68.
Joseph B. Arnold 18G7-70, resigned.
Orville T. Cbamberlain_ Appointed July 15, 1S70.
William B. Hess 1870-72.
George Ford 1872-73.
PRESIDENT JUDGES.
John R. Porter April 1, lS32-January 7, 1833. The act of January
7. 1833, took Laporte out of the First and put it
in the Eighth.
Gustavus A. Everts January 9, 1833-July 5, 1836, resigned.
Sample C. Sample Aiipointed July 5, 1836-January 9, 1837, transferred
to the Ninth.
Charles W. Ewing January 9, 1837-February 17, 1838. The act of
February 17, 1838, put Laporte in the Ninth.
Samuel C. Sample February 17, 1838-August 8, 1843, resigned.
John B. Niles Appointed August 8, 1843-December 1, 1843
E. M. Chamberlain December 1, 1843; resigned in August, 1852.
Robert E. Lowry Appointed August 28. 1852-October 12, 1852.
CIRCUIT JUDGES.
Thomas L. Stanfield— October 12, 1852; resigned, February 23, 1857.
Ninth circuit.
Albert G. David February 23, 1857- November 17, 1857.
Andrew L. Osborn November 17, 1857-October 24, 1870.
Thomas L. Stanfield— October 24. lS70-October 24, 1876. The act Of
March 6, 1873, put Laporte in the Thirty-second
and transferred Judge Stanfield with it.
Daniel Noyes October 24, 1876-November 14, 1894.
The County Courts 833
Lucius Hubbard November 14. ISOJ-January 30, 1S07. Tlae act of
January 30, 1.897, made Laporte the sole county in
tlie Thirty-second and transferred Judge Hubbard
to the newly created Sixtieth.
William P. Biddle Appointed March 23, lS97-November S, 1898.
John C. Eiehter November 8, ISOS-November 15, 1910.
James F. Gallaher November 15, 1910; term e.xpires November 15,
1916.
PROSECUTING ATTORNEYS.
Andrew Ingram April 1, lS32-Jauuary 7, 1833. The act of January
7, 1833, took Laporte out of the First and put it
In the Eighth.
John B. Chapman January 10, 1833-August 11. 1834, resigned.
Samuel O. Sample Appointed August 11, 1834-July 5, 1836, resigned.
Joseph L. Jernegan Appointed July 5, 1836-December 10, 1836, trans-
ferred to Ninth.
Thomas Johnson December 10, 1836-February 17, 1838. The act of
February 17. 1838, put Laporte in the Ninth.
Joseph L. Jernegau February 17, lS3S-August 15, 1838. The act of
December 10, 1836, had transferred Jernegan from
the Eighth to the Ninth.
John B. Niles August 15. lS3S-December 7, 1838.
William C. Hanna December 7. 1838-December 15, 1842.
E. M. Chamberlain December 15, 1842-September 19, 1843, resigned.
Reuben L. Farnsworth. Seiitember 10, lS43-April 13, 1845, removed from
state.
Johnson Horrell Septcmlier 10. 1845; failed to file with secretary
of state his bond and oath of otflce. His commis-
sion, returned April 29, 1846. "said Farnsworth not
vacating his office."
James Bradley Appointed April 13, 1846- August 25, 1846, vice:
Farnsworth, removed from state.
Joseph H. Mather August 25, lS46-August 25, 1848.
James S. Frazer August 28, 1851-October 12, 1852.
D. J. Woodward October 12. 1852-November 7, 1854. Ninth circuit.
aiorgan H. Weir November 7, lS54-October 1, 1856, resigned.
Reuben L. Farnsworth. Appointed October 1, 1856-October 30, 1S56.
Mark S. Dumont October 3ii. 1856- November 15, 1858.
William B. Biddle November 15. 1858-November 15, 1860.
David T. Phillips November 15. 1860-November 1.5, 1864.
Aaron G. Guiney November 15, 1864-November 15, 1866.
William H. Calkins November 15, lS66-November 15, 1870.
Michael L. Essick November 15, 1870-November 15, 1872.
Thomas I. Wood November 15. 1872-March 6, 1873. The act of
March 6. 1873. put Laporte in the Thirty-.second.
George Ford Appointed April 7. 1873-October 22, 1S73.
(53)
834 Courts and Lawyers of Indiana
James A. Crawley Octolier 22. lS73-October 22, 1ST5.
George Ford October 22, 1875; resigned Januai-y 15. 1SS5.
Andrew J. Egbert Appointed to fill vacancy of George Ford served
until October 22, 1S87.
Abraham L. Bricls October 22, 18S7-Oct6ber 22, 1S89.
Joseph G. Orr Oetol)er 22. lSS9-October 22, 1891.
Peter D. Connolly October 22, 1891; died May 22, 1893.
Oliver JI. Cunningham. Appointed May 25. 1893, to fill unexpired term of
Connolly; declined to serve.
Francis M. Jackson Appointed May 31, lS93-October 22, 1895, vice
Cunningham, who declined to serve the unexpired
term of Peter D. Connolly, deceased.
John C. Eichter October 22. 1895; resigned November 16. 1898. The
act of January 30, 1897, made Laporte the sole
county in the Thirty-second.
Julius G. Travis .\ppointed November 16, lS98-October 22. 1S99.
William H. Breece October 22, 1899-Jauuary 1, 1904.
Jeremiah B. Collins January 1, 1904-January 1, 1906.
Theron T. Miller January 1, 1906-January 1, 1908.
Ralph N. Smith January 1. lOOS-January 1. 1914.
Worth W. Pepple January 1. 1914; term expires January 1. 1918.
SUPERIOR COURT.
Laporte county was united with Porter and Lake in one
Superior court district by the act of March 9, 1895, which
was passed over the governor's veto. These three counties
continued to form one Superior court district until the act of
March 8, 1907, divided the district, making Lake one court
and Porter and Laporte another. The Judge of the district
formerly including the three counties became the Judge of
the Porter-Laporte Superior court, and the Governor appoint-
ed a Judge for the newly created Lake Superior court. The
governor appointed John Cass on March 28, 1895, as the first
Judge of the Superior court district including the counties of
Laporte, Porter and Lake. Judge Cass was followed (January
1, 1897) by Harry B. Tuthill, who served until January 1,
1915, when the present Judge, Harry L. Crumpacker, ascended
the bench. It was during the term of Judge Tuthill that the
district was divided, as stated above, Judge Tuthill being con-
tinued on the bench of the Laporte-Porter district.
The County Courts 835
Lawrence County.
Lawrence county, which at one time was a part of Wash-
ington and, later, of Orange county, was created out of a
part of the latter county by an act approved January 7, 1818.
At the suggestion of Benjamin Blackwell, the first county seat
of Lawrence county was named Palestine, but by an act of
the Legislature, approved February 9, 1825, the county seat
was relocated at Bedford. The first court house in Lawrence
county was erected at Palestine in the spring of 1818 and was
used until 1822, when a new court house was built at Pales-
tine at a cost of five thousand and five hundred dollars. Early
in 1825 a temporary log court house was erected at Bedford
at a cost of about five hundred dollars. The first term of
court in Bedford opened on February 6, 1826. Another court
house was finished and accepted in May, 1834, and this served
all of the purposes of the county until 1869, when agitation
was begun for the erection of another building. The present
Lawrence county court house was completed in 1872 at a cost
of about one hundred thousand dollars.
The first Circuit court of the county was held at the house
of James Gregory on June 4, 1818. The house of Gregoiy
was located in Leatherwood, east of the site of the present
city of Bedford, on the David Ikerd farm, which afterward
belonged to Capt. Isaac Newkirk. James Gregory, who was
a native of North Carolina, located in Lawrence county in
1818. served in the Legislature of 1820 and died in 1842. He
was the father of R. C. Gregory, later one of the Judges of
the Indiana Supreme court. Thomas Blake was the Presi-
dent Judge when the first court in the county met in June,
1818, but he resigned the last day of the year. General W.
Johnston took his seat as Judge of the Circuit court of Law-
rence county at the March term in 1819. At this term of
court, Robert Holly, Jr., and Winthrop Foote were admitted
to the bar. In June, 1819, when the first term of court was
held at Palestine, Jonathan Doty was Judge and John Ross
the state prosecutor. At the October, 1819 term, Winthrop
Foote became prosecutor in the place of John Ross. William
W. Wick became Judge of the court in March, 1822. In the
836 Courts and Lawyers of Indiana
meantime, James R. Higgins, Daniel Shell, Charles Dewey and
Hugh S. Ross were admitted to the bar. Rollin C. Dewey and
James Bramin were admitted to the bar in October, 1820,
and the former became the first resident attorney of Law-
rence county. Dewey, who was a native of Massachusetts,
died of the cholera in 1832. In June, 1822, Addison Smith,
John Kingsbury, Thomas M. Allen, Henry A. Coward and
James Whitcomb were admitted to the bar. The last named
later became Governor of Indiana. At the June, 1823, term of
court, Henry P. Thornton, Edgar C. Wilson and Thomas H.
Blake were admitted to the bar.
At the April, 1824, term of the court, John F. Ross pre-
sented his commission, duly signed by Governor William Hen-
dricks, and took his seat as Judge of the Second circuit. John
Kingsbury became state prosecutor in August, 1824. John
H. Thompson became Judge of the court in July, 1833. David
McDonald succeeded John H. Thompson as President Judge
in January, 1839, and served until the constitution of 1851
went into operation on October 12, 1852.
There are many lawyers linked with the legal history of
Lawrence county, who became notable in the annals of the
state, some of whom were James Hughes, Jonathan K. Kinney,
George H. Monson, John H. Butler, Cyrus L. Dunham, John
J. Cummins, Daniel Long, William T. Otto, David McDonald,
Alexander Butler, William W. Williamson, William A. Porter
and Frank Emerson. Among the men admitted to the bar in
the late forties and the early fifties were Andrew J. Simpson,
George A. Thornton, Samuel W. Short, John A. Miller, J. R. E.
Goodlet, Curtiss Dunham, Lovell H. Rousseau, Jesse Cox, Ja-
cob B. Low, A. B. Carlton, George A. Buskirk, A. G. Cavins,
Alexander McCleland and E. D. Pearson. Others who became
members of the Lawrence county bar in the years shortly
thereafter were John D. Ferguson, Thomas L. Smith, Jona-
than Payne, J. S. Buchanan, Frank Emerson, Thomas M.
Brown, I. N. Stiles, W. W. Browning, Samuel P. Crawford
(later Governor of Kansas), S. H. Buskirk, A. C. Voris, Will-
iam Weir, William R. Harrison, Francis L. Neff, E. E. Rose,
P. A. Parks, C. T. Woolfolk, William Herod, Oliver T. Baird,
A. D. Lemon, Newton Crook, William Paugh, Gideon Putnam,
The County Courts 837
Theodore Gazley, John H. Martin, Thomas L. Smith, Michael
C. Kerr, Fred T. Brown, R. C. McAfee, Lycurgus Irwin, Mad-
ison Evans and Alfred Ryors.
ASSOCIATE JUDGES.
John Milroy March 2, 1818; resigned, 1820.
William Erwin March 2, 1818; resigned, August, 1822.
William Fields August 21, 1820,' vice John Milroy, resigned.
Benjamin Blackwell --August 25, 1882, vice William Erwin, resigned.
William Connolly November 25, 1824, to serve seven years from Feb-
ruary 11, 1825.
John D. Laughlin November 25, 1824, to serve seven years from Feb-
ruary 11, 1832.
Joseph Athon August 19, 1831, to sers-e seven years from Feb-
ruary 11, 1832; resignation filed May 5, 1835.
Pleasant Padgett August 19, 1831, to serve seven years from Feb-
ruary 11, 1832.
Elza Woodard August 11, 1835 (siJecial election), vice Joseph
Athon (resigned), to serve seven years from Feb-
ruary 11, 1832.
Elza Woodard August 14, 1838, to serve seven years from Feb-
ruary 11, 1839.
John Whitted August 14, 1838, to serve seven years from Feb-
ruaiT 11, 1839.
Joseph Hostetler August 13, 1841, to serve seven years from Feb-
ruai-y 11. 1839, vice Elza Woodard, resigned.
Alexander Butler .Vugust 20, 1S45, to serve seven years from Feb-
ruarj' 11, 1846.
Joseph Hostetler August 20, 1845, to serve seven years from Feb-
ruary 11, 1846; removed from county April 1, 1849.
Joseph Whitted September 3, 1849, to serve seven years from Feb-
ruary 11, 1846 ; removed from county prior to
August 4, 1851.
Zachariah Whitted August 21. 1851, to sen-e until February 11, 1853.
PROBATE JUDGES.
William Erwin August IS, 1829; resigned, 1832.
Eollin C. Dewey October 12, 1832, vice William Erwin, resigned.
Asher Wilcox September 7, 1833. to serve seven year.s from date,
vice Rollin C. Dewey. Asher Wilcox's resignation
filed July 15, 1835.
William Duncan July 26, 1835, appointed vice Asher Wilcox, re-
signed.
William Duncan August 6, 1836, to serv seven years from date.
William Duncan August 12, 1843; resignation filed June 28, 1844.
Isaac N. Senter August 22, 1844.
William Newland August 10, 1846, vice Isaac N. Senter, resigned.
William Newland August 24, 1846, to serve seven years from date.
838 Courts and Lawyers of Indiana
COMMON PLEAS JUDGES.
James R. B. Goodlet— 1S52-5G.
Frank Emerson 1856-60.
Ralph Applewhite 1S60; resigned April 28, 1862.
Simon Stansifer Appointed April 28, 1862-November 1, 1862.
Beattie McClellau 1862-64.
Jeptha D. New 1864-68.
Frank Emerson 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
E. D. Pearson 1S52-54.
Ralph Applewhite 1854-56.
Robert McAftee 1856-60.
Lycurgus Irwin 1860-62, resigned.
Jeremiah Bundy Appointed January 17, 1862.
Jeptha D. New 1862-64.
William L. Bane 1865-65, resigned.
John M. Kerr Appointed August 25, 1865.
Marion Mooney 1865-66.
Newton Croake 1866-70.
Wilson S. Swengel 1870-72. ,
George W. Cooper 1872-73.
PRESIDENT JUDGES.
William Prince March 1. 1818-May 16, 1818, resigned. First cir-
cuit.
Thomas Blake Appointed May 16, lS18-December 31, 1818.
General W. Johuston.__ December 31, 181S-April 10, 1819, resigned.
Jonathan Doty Appointed April 10, 1819-December 31. 1821. The
act of December 31, 1821, put Lawrence in the
Fifth.
William W. Wick Appointed February 7, lS22-January 14, 1824. The
act of January 14, 1824, put Lawrence in the Sec-
ond.
John P. Ross January 14, 1824; died In office in 1834.
John H. Thompson Appointed July 5, 1834-January 28, 1839. The act
of January 28, 1839, put Lawrence in the Tenth.
David McDonald January 28, 1839-October 12, 1852.
CIRCUIT JUDGES.
George A. Bicknell October 12, 1852-March 6, 1873. The act of March
6, 1873, took Lawrence out of the Second and put
it in the Tenth.
Ambrose B. Carlton Appointed March 12, 1873-October 22, 1873.
Eliphalet D. Pearson— October 22, lS73-October 22, 1879.
Francis Wilson October 22, 1879; died in office April 26, 1885.
Robert W. Miers Appointed April 30, 18S5-October 23, 1885.
Eliphalet D. Pearson__ October 23, 1885; died In office July 2, 1890.
Henry C. Duncan Appointed July 16, 1890-November 10, 1890.
The County Courts 839
Robert W. Miers Novembei- 10. 1S90 ; resigned in August, 1896.
Joseph Giles Appointed August 12, l.S96-November 10, 1S96.
William H. Martin November 10, 189C-Noyember 11, 1902.
James B. AYilson November 11, 1902-August 1, 1911. The act of
March 4, 1911, put Lawrence In the Fortieth, with
Jackson, where thej- have since remained.
Jo.seph H. Shea Au.gust 1, 1911-November 19, 1912. Judge Shea
had been on the bench of the Fortieth since No-
vember 16, 1906.
Oreu O. Swails November 19, 1912; term exp:ires November 19,
191S.
PROSECUTING ATTORNEYS.
John Kingsbury August 9, lS24-August 14. 182G. Second circuit.
Milton Stapp August 14, 1S2G-December .30, 1826.
John Kingsbury Dec-ember 30. 1826-December 30, 1828.
John H. Thompson December 30, 1828-December 30, 1832.
Isaac Plowk December 30. 18.32-June 5, 1833; died.
Charles Dewey Appointed June 5, 1833-June 4, 1836; transferred
to Supreme court.
John W. Payne Appointed June 4, lS36-January 28, 1839. The act
of Januai-y 28, 1839, put Lawrence in the Tenth.
John I. Watts February 1, 1839-February 1, 1843.
William G. Quick— _I— February 1, lS43-February 1, 1S45.
Craven P. Hester February 1, 1845- February 1, 1849.
William M. Franklin__. August 23, lS51-Oetober 12, 1852.
Samuel W. Short October 12, 1852-March 8, 18.54, resigned. Second
circuit.
Patrick H. Jewett Appointed March 8, lS54-Noyember 19, 1856.
Thomas M. Browne November 19, 1856-November 7, 1858.
Robert W. Weir November 7. 185S-November 7. 1860.
Ambrose M. Carlton November 7, 1860-November 7, 1802.
Thomas M. Browne November 7. 1862-Noveuiber 7. 1866.
Robert W. Weir November 7, 1,866-November 24, 1870.
Robert J. Shaw November 24, 1870-March 6, 1873. The act of
March 6, 1873, took Lawrence out of the Second
and put it in the Tenth.
Jeremiah F. Pittman— Appointed March 12, lS73-October 22, 1873.
J. W. Tucker October 22, 1873-October 22, 1875.
Robert W. Miers October 22, 1875: resigned October 23, 1878.
John R. East Appointed October 23, 187S-October 22, 1879.
Milton S. Mavity October 22, 1879-Oetober 22, 1S81.
Henry C. Duncan October 22, 1881-October 22, 1883.
Jo.seph E. Henley October 22. 18.83-October 22. 1885.
Abrara Noblett October 22, 1885-Mareh 28, 1887.
Milton S. Mavity Appointed March 28. lSS7-October 22, 1887.
Simpson B. Lowe October 22. lS87-Oetober 22, 1893.
840 Courts and Lawyers of Indiana
John E. Ednioiidson October 22, lS93-October 22, 1S97.
J;imes A. Zariug October 22, lS97-January 1. 1901.
Robert G. Miller JauuaiT 1. 1901-Januai7 1. 1906.
Fred M. Fletcher .January 1, 1906-January 1, 1910.
John H. Underwood January 1, 1910-January 1, 1912. The act of March
4, 1911, put Lawrence in the Fortieth.
Noble J. Hays January 1. 1912-January 1, 1913.
John H. Underwood Januaiy 1, 1913-January 1, 1915.
Mar.shall Woolery January 1, 1915; term expires January 1, 1917.
Madison County.
Madison county was organized by the Legislature on Jan-
uary 4, 1820, but the county was not formally organized until
July 1, 1823. Pendleton was selected as the first county seat
in 1823, but it was too far from the center of the county to
be satisfactory. Although the permanent county seat was
located at Anderson, evidently it was once located at a town
by the name of Bedford if the legislative act of January 4,
1827, is to be believed. This particular act gave Ansel Rich-
mond, the county recorder and clerk, the right to keep his office
at the house of Nathan Richmond until "lots shall have been
sold in the town of Bedford, the seat of justice of said coun-
ty." Bedford had evidently been chosen county seat of Mad-
ison county as a result of the act of January 13, 1826, but
evidence on this point is conflicting. It seems certain that
Andersontown was chosen before anything was done at Bed-
ford toward constructing a court house. The rapid growth
of Andersontown, which was much nearer the center of the
county, caused the citizens to apply to the Legislature for an
act to relocate the county seat. The change from Bedford, or
Pendleton, to Andersontown was made as a result of the act
of January 24, 1827. The new site appears to have been
chosen in 1828, but it was not until 1831 that the court house
was ready for occupancy in the newly-chosen county seat.
The name of the town was changed from Andersontown to
Anderson by the legislative act of February 16, 1848. The
court house, with most of the records, was destroyed by fire
on December 10, 1880. A new building was at once ordered
and it was ready for occupancy on February 21, 1885.
The first act under the 1852 Constitution regarding the
The County Courts 841
judicial circuits of the state was passed on June 17, 1852.
This act divided the state into ten circuits, placing Madison
county in the Fifth circuit with the counties of Johnson, Hen-
dricks, Marion, Hancock, Hamilton and Tipton. W. W. Wick,
the first Judge of the circuit served from October 12, 1852,
to January 12, 1854. Stephen Major was Judge from 1854
until it was changed by the act of February 22, 1859. This
act organized the Seventh circuit with the counties of Madi-
son, Hancock, Hamilton, Tipton and Howard. Joseph S.
Buckles became the Judge of this circuit and continued to
occupy the bench until the act of February 11, 1867, when
the Seventeenth circuit was created out of the counties of
Madison, Hamilton, Tipton and Howard. Henry A. Brouse,
of Kokomo, was appointed Judge of this newly created cir-
cuit on February 18, 1867, and served until the first regular
election in the fall of 1867. At that time John Davis was
elected, but he became incapacitated by reason of a stroke of
paralysis and unable to discharge the duties of the office. The
Legislature of 1871 passed an act on February 15, which pro-
vided that in such a case the Governor should appoint a Judge
pro tern to serve during the continuance of the disability, and,
should the disability continue, the Judge so appointed should
serve until the expiration of the term of the regularly elected
Judge. By virtue of this statute, the Governor appointed
James O'Brien, of Kokomo, who served until the act of March
6, 1873, united Madison and Hamilton in the Twenty-fourth
circuit. The Governor appointed Winburn R. Pierse to the
bench of the newly created circuit to serve until the November
election of the same year. In November, 1873, Hervey Cra-
ven was elected Judge of the Twenty-fourth and served until
1879, being succeeded by Eli B. Goodykoontz for a term of six
years. David Moss ascended the bench in November, 1885,
and served as Judge of the two counties (Madison and Ham-
ilton) until the act of February 14, 1889. This act left Ham-
ilton as the sole county of the old Twenty-fourth and continued
Judge Moss on the Hamilton county bench. Governor Hovey
appointed Marcellus A. Chipman as Judge of the newly creat-
ed Fiftieth circuit, composed of Madison county alone. Judge
Chipman served until the November, 1890, election, at which
842 Courts and Lawyers of Indiana
time Alfred Ellison was elevated to the bench. There has
been no change in the Madison county circuit since 1889.
ASSOCIATE JUDGES.
Samuel HoUiday September 1, 1823.
Adam Winchell September 1, 1S23.
Adam WiucUell September 8. 1830, to serve seven .vears from Sep-
tember 1. 1830.
Andrew Jackson September S, 1830, to serve seven years from Sep-
tember 1, 1830; resigned, January, 1832.
John Berry March 9, 1832 (special election), vice Andrew
Jackson, resigned ; John Berry resigned, July,
1832.
Charles Mitchell August 18. 1832 (special election), vice John
Berry, resigned.
Abram Thomas August 11, 1837, to serve seven years from Sep-
tember 1, 1837; removed from county. October,
18J1.
William Prigg August 11, 1837, to serve seven years from Sep-
tember 1, 1837.
Uriah Van Pelt December 1, 1841, to serve seven years from Sep-
tember 1, 1837, vice Abram Thomas, removed.
Uriah Van Pelt August 17, 1844, to serve seven years from Sep-
tember 1, 1844.
David Pickard August 17, 1844, to .serve seven years from Sep-
tember 1, 1844 ; died between March and August,
1849.
George Milspaugh August 6. 1846, to serve seven years from Septem-
ber 1, 1944.
John W. Walker September 3, 1849, to serve seven years from Sep-
tember 1, 1844. vice David Pickard, deceased.
John W. Walker August 20, 1851.
PROBATE JUDGES.
James Scott August 8. 1829.
Thomas Silver August 22, 1831.
Palmer Patrick September 28, 1837, appointed vice Thomas Silver,
resigned.
James Scott August 11, 1838; died September, 1838.
John H. Cook September 29, 1838, vice James Scott, deceased.
Enos B. Wright August 9, 1839; resigned, March, 1840.
Neal Hardy March 20, 1840, appointed, vice Enos B. Wright;
resigned.
William H. Mershon August 12, 1840.
William H. Mershon„_August 18, 1847; filed resignation June 9, 1850.
J.imes N. Starkey July 6, 1850, vice William H. Mershon, resigned-
The County Courts 843
COMMON PLEAS JUDGES.
David S. Gooding 1852-56.
Richard Lake 1856-60.
William Grose 1860-61. resigned.
Elijah B. Martindale— appointed August 31, 1861-Ocetober IS, 1861.
David S. Gooding 1861; resigned September 10, 1864.
William R. West Appointed September 12, 1864-72.
Robert L. Polk 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
James W. Sansbury 1852-56, resigned.
Montgomery Jlarsh —1856-58.
F. S. C. Cooper 1858-60.
William R. Hough 1860-62.
Daniel W. Comstock 1862-64.
James D. Martindale— 1864-66.
Calvin D. Thompson,.- 1866-67, resigned.
Reuben A. Riley appointed April 27, 1867.
William F. Walker 1867-69, resigned.
Joseph W. Worl Appointed December 8. 1869-72.
Washington Saunders .1872-73.
^ PRESIDENT JUDGES.
William W. Wick July 1, 1823-January 20, 1835, resi.gned. Fifth
circuit.
Bethuel F. Morris Appointed January 20, 1825-December 4. 1834, re-
signed.
William W. Wick Appointed December 4. 1834-August 2, 18.39. re-
signed.
James Morrison Appointed August 2. l,S39-January 15, 1841. The
act of January 15, 1841, put Madison in the
Eleventh.
David Kilgore January 15, 1841-January 30. 1846.
Jeremiah Smith January 30, 1846-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12. 1852-January 12. 1854. Fifth circuit.
Stephen Major January 12, 1854-February 1, 1859. The act of
February 1, 1859, put Madison in the Seventh.
Joseph S. Buckles February 1, lS59-February 11, 1867. Judge
Buckles had been on the bench in the Seventh
since October 26, 1858. The act of February 11,
1867 put Madison in the Seventeenth with Ham-
ilton.
Henry A, Brouse Appointed February 18, lS67-October 19, 1867.
John Davis October 19, lS67-March 4, 1871.
James O'Brien Appointed March 4, lS71-March 6, 1873. The act
of March 6, 1873, put Madison in the Twenty-
fourth.
844 Courts and Lawyers of Indiana
Winburn R. Tierce Appointed Jlarcli 20, 1873-October 19, 1873.
Harvej' Craven October 19, 1873-October 19. 1879.
Eli B. Goodykoontz October 19, 1879-October 19, 1S85.
David Moss October 19, lSS5-February 14, 18S0. The act of
February 14, 1889, made Madison the sole county
in the newly created Fiftieth, where it has since
remained, and authorized the governor to appoint
a judge for the new circuit.
Marcellus A. Chipman_ Appointed February 22, 1889-November 12, 1890.
Alfred Ellison November 12, 1890-November 12, 1896.
John F. McClure November 12, lS96-November 12, 1908.
Charles K. Bagot November 12, 1908-November 12, 1914.
Luther Pence November 12, 1914; term expires November 12,
1920.
PROSECUTING ATTORNEYS.
Harvey Gregg August 0, lS24-August 9, 1825. Fifth circuit.
Calvin Fletcher August 9, lS25-August 14, 1826.
James Whitcomb August 14, 1826-January 14, 1829.
William W. Wick January 14, lS29-December 15, 1830, resigned.
Phillip Sweetzer December 15, 1830-March 10, 1831, resigned.
Hiram Brown Appointed JIarch 10, 1831-December 12, 1831.
Harvey Gregg December 12, lS31-April 11, 1833.
William Herod Appointed April 11, lS33-December 9, 1836, re-
signed.
William Quarles December 9, lS36-Apiil 13, 1839, resigned.
William J. Peaslee Appointed April 13, 183&-January 15, 1841. The
act of January 15, 1841, put Madison in the
Eleventh.
Jeremiah Smith January 15, lS41-December 1.5. 1841.
John M. Wallace December 15. 1841-November 14, 1843, resigned.
John Davis Appointed November 14, lS43-September 7, 1846.
Joseph S. Buckles September 7, lS46-September 7, 1848.
Williata Garver August 20, lS.51-October 12, 1852.
Reuben A. Riley October 12. lS52-October 27, 1854. Fifth circuit.
DeWitt C. Chapman October 27, 1854-November 2. 1856.
Peter S. Kennedy November 2, lS56-November 2, 1858.
William P. Fishbaek— November 2, lS58-February 1, 1859. The act of
February 1, 1S59, put Madison in the Seventh.
David Nation February 1, lS59-October 31, 1859.
David Moss October 31, lS59-November 12, 1861.
John A. Harrison November 12, ISGl-November 12, 1865.
Lemuel G. Gooding November 12, 1865-February 11, 1867. The act of
February 11, 1867, put Madison in the Seventeenth.
Nicholas Van Horn Appointed February 18, lS67-October 25, 1867.
William O'Brien October 25, 1867-October 24. 1870.
James F. Elliott October 24, 1870-March 6, 1873. The act of March
6, 1873, put Madison in the Twenty-fourth.
The County Courts 845
Fi-nnklin 11. Trissal— -Appointed March 29, lS73-October 22, 1.873.
Joel Stafford October 22. lS73-October 22. 1875.
Augustus S. McAllister. October 22, 1S75; resigned February 7. 1S76.
F. M. Householder Appointed February 7, 1876-Oetober 2-t, 1878.
Thomas B. Orr October 24, lS7S-October 25, 1880.
William A. Kettinger__October 25, 1880-November 17, 1884.
David W. Wood November 17, 1884-November 17, 1886.
John F. Neal November 17, 18S6-November 17, 1888.
David W. Patt.v November 17, 1888-February 14, 1889. The act of
February 14, 1889, made Madison the sole county
in the newly created Fiftieth where is has since
remained.
David W. Wood Appointed February 23, ISSO^November 12. 1800.
Albert C. Garver November 12, 1890-November 12, 1S92.
Bartlett H. Campiiell__November 12, lS92-November 12, 1.894.
Daniel W. Scanlon November 12, 1.894-November 12, 1898.
William F. Edw.ards___November 12, lS9S-January 1. 1901.
Albert H. Vestal January 1, 1901-January 1. 10<i7.
Frederick Van Nuys_-_.Tanuary 1, 1907-January 1, 1011.
Jesse C. Shuman January 1, ]911-Jauuary 1, 1015.
Sparks L. Brooks January 1. 1915; term expires January 1. 1917.
SUPERIOR COURT JUDGES.
A Superior court was established in Madison county with
the act of February 27, 1895, and has been in continuous ope-
ration since that date. Upon the creation of the court the
Governor appointed William S. Diven as the first Judge to
serve until his successor was elected and qualified at the first
regular election following the appointment. Henry C. Ryan
was the first elective Judge, of the Superior court of the coun-
ty. The successors of Judge Ryan have been as follows:
Cassius M. Greenlee, H. Clarence Austill and the present in-
cumbent, Willis S. Ellis.
Marion County.
The organization of Marion county was effected by the
legislative act of December 31, 1821, the act requiring the
organization to be completed by April 1 of the following
year. The citizens of Indianapolis had held a meeting in the
early part of November, 1821, to discuss the organizafion of
a county and at this meeting James Blake and Dr. S. G. Mitch-
ell were appointed a committee to go to the Legislature, which
846 Courts and Lawyers of Indiana
was to meet the same month at Corydon, and ask for the
passage of an act authorizing the formal organization of the
county. The Legislature responded by passing an act on the
last day of the year, as above stated. The act provided for the
erection of a two-story brick court house, which the state
should be allowed to use until it erected a capitol building.
For this purpose the state appropriated the sum of eight
thousand dollars, with the understanding that the court house
was to be used by the state forever for federal and state courts
and for fifty years as a meeting place for the Legislature, if
the state so desired. It was not known at that time how long
it would be before the state would be able to provide a state
house and, in fact, it was not until 1835 that a capitol build-
ing was ready for occupancy.
The sessions of the court were ordered held at the house
of Gen. John Carr pending the erection of the court house.
Marion was made a part of the Fifth judicial circuit, which,
in 1822, included the counties of Marion, Monroe, Owen,
Green, Morgan, Lawrence, Rush, Hendricks, Decatur, Bar-
tholomew, Shelby and Jennings. The first President Judge
of the circuit was William W. Wick and he presided over the
first session of the circuit in Marion county on September
26, 1822. His Associate Judges were James Mcllvain and
Eliakim Harding, both of whom had been commissioned by
the Governor on April 8, 1822. After the court was organ-
ized at the double-log cabin of General Carr, it adjourned to
meet at the house of Jacob R. Crumbaugh, located on the
southwest corner of Market and Missouri streets. On this
first day the court appointed Calvin Fletcher as prosecuting
attorney and he served in this capacity until November 8,
1823. There were thirteen lawyers present at the first session
of the court and five of them were residents of the county.
The second session of the Circuit court met on May 5, 1823,
at General Carr's house and then adjourned to Henderson's
tavern. The third session (November 3, 1823) again met at
the house of Carr — the act organizing the county requiring
this — but at once adjourned to the house of Harvey Gregg
for the transaction of business. The fourth session (April
12, 1824) adjourned from Carr's house to that of John John-
The County Courts 847
son. The fifth session (October 11, 1824) found the court
house nearly completed and after the court had been convened
at the house of Carr, it adjourned to meet in the partially com-
pleted building. For nearly fifty years the court continued
to hold its regular sessions in the old brick court house. Dur-
ing the erection of the present court house the sessions of the
court (May, 1870-July, 1876) were held in a large two-story
building on the west side of Delaware street opposite the
court house.
It might be mentioned in this connection that the old court
house was practically the only public building in town from
1825 to 1835, when the first state house was ready for occu-
pancy. During this decade it was used by the state for leg-
islative and court purposes, and the United States court also
held its sessions here. The Legislature appropriated five hun-
dred dollars in 1827 to build a small double-room brick build-
ing at the west entrance of the court house square for the
use of the clerk of the Supreme court and in this building
Henry P. Coburn had charge of affairs until 1850. This
building was torn down in 1855 and the clerk's office was
removed to the state house. The present court house cost
$1,422,371.79. The past few years have witnessed an agita-
tion to tear down and either rebuild on the same site or move
the location to another part of the city.
An act of the Legislature, passed December 31, 1821, the
same day the county was organized, attached Marion county
to the Fifth circuit with Lawrence, Morgan, Monroe, Owen,
Green, Rush, Decatur, Bartholomew, Shelby and Jennings.
On January 14, 1824, the Legislature redistricted the whole
state and Marion was left again in the Fifth circuit (there
were only five circuits in the whole state) with Morgan, John-
son, Shelby, Bartholomew, Decatur, Rush, Henry, Madison,
Hamilton and Hendricks. V The next act changing the judicial
circuits of the state was passed on January 20, 1830. This
act divided the state into seven judicial circuits, leaving Ma-
rion county in the Fifth with Hendricks, Morgan, Johnson,
Bartholomew, Shelby, Hancock, Madison and Hamilton. The
act of February 10, 1831, attached Grant county to the Fifth
circuit. The next change was made with the act of February
848 Courts and Lawyers of Indiana
1, 1833, which placed Marion in the Fifth with Hancock,
Shelby, Bartholomew, Johnson, Morgan, Hendricks, Boone,
Hamilton and Madison. The Legislature redistricted the en-
tire state on February 17, 1838, and constituted the Fifth
circuit with Marion, Hancock. Morgan, Hendricks, Boone
and Hamilton. The next Legislature (January 28, 1839)
added Shelby, Bartholomew and Johnson to the Fifth circuit
as established by the act of February 17, 1838. This circuit
remained unchanged until March 4, 1852, when it was reor-
ganized to include the counties of Marion, Hancock, Shelby,
Bartholomew, Johnson, Hendricks and Morgan.
The Constitution of 1816 had provided for a system of
Circuit courts, which were to be presided over by what the
Legislature chose to call "President Judges," elected by the
Legislature for a term of seven years. Each county was to
elect two Judges, known as "Associates", who were to pre-
side with the President Judge, and, in his absence, were au-
thorized to hold court themselves. During the period of the
old Constitution the following President Judges occupied the
circuit to which Marion county was attached :
William W. Wk-l; February 7. lS22-January 20. 1825. resigned.
Betliuel F. Morris January 20, 182o-November 13, 183-1, resigned.
William W. Wick December 4. 1834-August 2, 1839. resigned.
James Morrison August 2, lS39-August 10. 1842. resigned.
William Quarles Commissioned Augu.st 15. 1S42; did not qualify.
Stephen Major Commissioned September 28. 1842 ; did not qualify.
William J. Peaslee December 16, lS42-September 17. 1849, resigned.
William W. Wick September 17, 1849-October 12, 18.52.
The Associate Judges during this period (1822-52) served
in the following order:
James Mcllvain April S, lS22-April 25, 1825, resigned.
Eliakim Harding April 8, 1822-Dec-ember 15. 1826. resigned.
George Smith xVugust 8. 1825-April 8. 1836.
Jnmes Mcllvaui February 12. 1827-April 8. 1829.
Joshua Stever.s April 8. 1829-April 8, 1836.
Adam Wright April 8. 1836-Aprll 8, 1850.
Thomas O'Neal April 8. 1836-April 8, 1843.
Daniel R. Smith April 8, lS43-Oetober 12. 1852.
Samuel Cory April 8. lS43-October 12. 1852.
The County Courts 849
The legislative act of June 17, 1852, divided the state into
ten judicial circuits and placed Marion county in the Fifth
circuit with Johnson, Hendricks, Hancock, Hamilton, Tipton
and Madison counties. Marion county continued in the Fifth
circuit, as defined in 1852, until the act of February 20, 1867,
reorganized the Fifth circuit out of the counties of Marion,
Hendricks and Johnson, the latter county being detached by
the act of April 29, 1869. The act of March 6, 1873, con-
stituted Marion and Hendricks counties the Nineteenth cir-
cuit. February 28, 1889, Marion county was constituted the
sole county in the Nineteenth circuit, Hendricks being or-
ganized as the Fifty-fifth circuit. No change has been made
in the circuit since that time.
The Judges of the Marion Circuit court since 1852 have
served in the following order :
AVilliam W. WMck October 12. lSo2-May 1. lS.o3. resigned.
Stephen Major May 1, lS53-September 5, 1S59.
William W. Wick September 5, lS59-October 24, 1S59, resigned.
Fa bins M. Finch October 24, lS59-October 27, 1865.
John Coburn October 27. lS65-September 24. 1S66, resigned.
John T. Dye September 24, lS66-November 3, 1866.
Cyrus C. Hines November 3, ISGG-November 5, 1870.
John S. Tarkington November 5. lS70-October 2G, 1872, resigned.
Livingston Howland October 26, lS72-December 28, 1876, resigned.
Jacob 'B. Julian December 28, lS76-October 14. 1878.
Joshua G. Adams October 14, lS78-October 14, 1884.
Alexander C. Ayres October 14, 18S4-October 14, 1890.
Edgar A. Brow'j October 14, 1890-November 11, 1896.
Henry Clay Allen November 11, lS96-November 11, 1908.
Charles Remster November 11, 190S-November 11, 1914.
Louis B. Ewbank November 11, 1914 ; term expires November 11,
1920.
The prosecuting attorneys from 1822 to 1852 of the circuit
to which Marion has been attached follow :
Cnlvin Fletcher September 26. 1822-November 8, 1823.
Harvey Gregg November 8, 1823-August 9, 1S25.
Calvin Fletcher August 9, 1825-August 28, 1826.
James Whitcouih August 28, lS26-January 14, 1829.
William W. Wick January 14, 1829-January 14. 1831.
Wiliam Bro^'-n January 14, ISol-January 14, 1833.
William Herod January 14, 1833-December 11, 1838.
(54)
850 Courts and Lawyers of Indiana
William Qdai-les December 11, 1S3S- April 13, 1S39.
William J. Teaslee April 13, lS39-January 25, 1S41.
Hugh O'Neal January 29, ISll-January 29, 1843.
Abram A. Hammond— January 29, 1843- January 29, 1847.
Edward Lander January 29, 1847-August 27, 1851.
David S. Gooding August 27, ISol-October 12. 1n.j2.
The new Constitution went into effect on October 12, 1852 :
Reuben A. Riley October 12, lS52-October 27, 1854.
De Witt C. Cliapmau.. October 27, 18o4-November 2, 1856.
Peter S. Kennedy November 2, 1856-November 2, 1858.
William P. Fisbbacli___ November 2, 185S-October 4. 18G2, resigned.
William W. Leathers— October 4, 1862-December 27, 1865.
An act of the Legislature passed December 20, 1865, cre-
ated a Criminal court for Marion county and provided that
the prosecutor of the Circuit court should act in a similar
capacity for the Criminal court. This provision was changed
by the act of 1873, which provided for separate prosecutors
for each court. The attorneys who served both courts were
as follows :
William W. Leathers.. December 27, 1865-November 25, 1867.
John S. Duncan Novemljer 25, lSC7-November 3, 1870.
Henry C. Guffln November 3, 1870-November 3, 1872.
Robert P. Parlier November 3, 1872-November 3, 1874.
From October 26, 1874, to November 17, 1882, the follow-
ing prosecutors were attached to the Circuit court:
John Denton October 20, lS74-October 2G, 1S7G; no Criminal.
Joshua G. Adams October 26, 1876-October 26, 1878.
Richard B. Blake October 26, 1876-October 26. 18S0.
Newton M. Taylor October 26, 1880-November 27, 1882.
The act of April 12, 1881, provided for one prosecutor for
both the Circuit and Criminal courts and this arrangement
is still in operation. The prosecutors since that time are as
follows :
William T. Brown November 17, lS82-November 17, 1884.
W. N. Harding November 17, lSS4-November 17, 1SS6.
James L. Jlitchell November 17, ISSG-November 17, 1890.
John W. Holtzman November 17, lS90-November 17, 1894.
Charles S. Wiltsie November 17, 1894-November 17. 1898.
Edwin B. Pugh November 17. lS9S-November 17. 1900.
John C. Ruckelshaus— November 17, 1900- January 1, 1905.
The County Courts 851
Charles r. Benedict January 1. lOOri-January 1. 19U7.
Elliott. R. Hootou January 1. lOOT-Jauuary 1. Iftll.
Frank P. Baker Janiiaiy 1. 1011-January 1. 1915.
Alvali J. Rucker January 1. lOlo-Jauuary 1. 1917.
COMMON PLEAS COURT.
The Indianapolis bar came to the conclusion in 1849 that
the Circuit court needed more assistance than that provided
by the Probate court, and accordingly decided to ask the Leg-
islature to pass an act creating a Common Pleas court. The
previous year such a court had been established in Tippecanoe
county and this fact undoubtedly influenced the action of the
bar of Marion county. Oliver H. Smith was delegated to pre-
pare a bill for the Legislature asking for the establishment
of the Common Pleas court. The Legislature responded by
passing the act of January 4, 1849, which created a Common
Pleas court for Marion county. The Governor appointed
Abram A. Hammond, later lieutenant-governor of the state,
as the first Judge of the newly organized court. The act.
establishing the court provided that the Judge should also act
as clerk of the court, the two offices being combined in order
to make the office sufficiently attractive from a financial stand-
point to attract good men. Judge Hammond was commis-
sioned by the Governor on January 12, 1849, and sat on the
bench until he resigned, on Marc 
