USA > Indiana > St Joseph County > A history of St. Joseph County, Indiana, Volume 1 > Part 34
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97
Sec. 4 .- THE FIRST SESSION OF THE COURT. -The first session of the St. Joseph circuit court, of which we have any record, was held at a term beginning on Monday, November 29, 1832. the day fixed by the act of the legislature approved February 3, 1832.b According to the provisions of this aet, taken in connection with those of the act of Febru- ary 10, 1831, it would seem that terms of court should have been held in May and Oc- tober, in the year 1831. and also in May, 1832. There was dissatisfaction, as well as some sharp criticism, for what was looked upon as neglect of official duty in relation to this matter. The county records show that juries were drawn by the board of commis- sioners for a term that should have been held in November, 1831; as also by the board of justices for a term that should have been held in November 1830. But the records do not show that any court was held at either of these times.ª
While, as stated, the records do not show
a. Acts, 1901, pp. 38, 39.
৳. Acts, 1831, pp. 242-244.
c. R. S., 1831, pp. 142-146.
11. See "Early County Records," Chap. 5, Subd.
6, of this work.
that the jurors selected for 1830 or 1831 were ever called to serve in court, or indeed that there was any term of court held in either of these years, yet there are traditions that such sessions of court were actually held. Mr. Timothy G. Turner, who, in 1867, published a "Gazetteer of the St. Joseph Valley," tells us of enquiries concerning this matter made by him among the older residents of the county, then living: and in that publication, he makes a statement of what he learned as to the November term, 1830, of the St. Joseph circuit court :a
"It is, however. a matter of doubt," he there says, "whether this court was ever held. Mr. Samuel L. Cottrell, now living at South Bend and who was then sheriff, has an indistinct recollection that it was. He thinks at least one of the county judges was present, that court was duly opened in the woods near the bank of the river, below Water street, and immediately adjourned. Other persons remember to have been present at some time, about that date, when a court was held by county judges : but the first court of which there is any record, and at which there was a presiding judge, was held at South Bend, on the 29th day of October, 1832, by the Hon. John R. Porter, presiding judge of the first judicial circuit, to which the county was then attached. It lasted but for one day. and was held in the bar room of Calvin Lilly's hotel, then standing on Michigan street. [on the west side of the street, be- tween Jefferson and the first alley north.] The old building is now in existence. and is used by Studebaker Brothers, on Jeffer- son street as a ware room."
The proceedings of that first and only day of the October term, 1832, of the St. Joseph circuit court, as set out in order book number one, are as follows :
"Be it remembered, that on the 29th day of October, in the year of our Lord A. D. 1832, a term of the circuit court for St. Jo- seph county. state of Indiana. was begun and
a. Gazetteer of the St. Joseph Valley, p. 44.
191
HISTORY OF ST. JOSEPHI COUNTY.
held at the house selected by the county com- missioners in the town of South Bend. Present John R. Porter, president judge of the first judicial circuit of the state of In- diana, also William MeCartney, Senr., and John Banker, Esqrs., associate judges of the St. Joseph circuit court;ª also Andrew In- gram, prosecuting attorney of the first ju- dicial circuit of the state of Indiana; also Daniel A. Fullerton, sheriff of said county, and Lathrop M. Taylor, clerk of said county of St. Joseph. And the court was opened in due form of law. Now comes Daniel A. Fullerton, sheriff, and returns the venires which were heretofore issued. The following grand jurors appeared and answered to their names, viz. : Lowdy Stevenson, Eli Roe. Pleasant Harris, Nathan Greene, Robert Red- ding, Peter Johnson, George Wilkenson. An- thony Defrees. John Smith, sen., Stanton Porter, John Massey, William P. Howe, Frederic Benter. William Runion, Peter Rupel, Jacob Harris, George Holloway and Jacob Bowman. Whereupon the court ap- pointed George Holloway foreman ; and the said grand jurors were severally sworn, and retired to deliberate. And Calvin Lilly was sworn as bailiff for said grand jury.
"On motion of E. Egbert, Esqr., J. A. Lis- ton. E. Egbert. A. Ingram, Thomas B. Brown. William M. Jenners and C. K. Green were admitted to practice as attorneys and counsellers at law at the bar of this court.
a. Chapel W. Brown was one of the associate judges, elected at the first county election, in August, 1830. He, together with Judge Banker, held the first term of our probate court, in Jan- uary, 1832, as authorized by the act of February 10, 1831, organizing the probate court. He was succeeded by William McCartney. See Subd. 3, Sec. 1, of this chapter, "The Probate Court." It does not appear that Judge Brown ever sat in the circuit court. In Subd. 3, of this chapter, it is shown that while Judge Brown was elected in August, 1830, he did not qualify till the day he held probate court, January, 1832. It would seem that in this interval William Brookfield was asso- ciate judge, by appointment, perhaps. He took the acknowledgment of the plat of South Bend as associate judge, March 28, 1831. See Chap. 11, Subd. 1, Sec. 3; also Subd. 3, of this chapter, Sec. 1.
"Matthias Redding - Petition for Divorce.
VS.
Hannah Redding
"And now, at this day, comes the complain- ant, by E. Egbert, his attorney, and it ap- pearing to the court, upon affidavit filed, that the defendant in this case is a non-resident of the state of Indiana, it is thereupon ordered by the court that the pendency of this suit be published for three weeks suc- cessively, sixty days prior to the next term of this court, in the St. Joseph Beacon, a paper published in the town of South Bend, notifying the defendant to appear at the next term of this court, to answer said peti- tion ; or the matters therein contained will be heard in her absence.
".Job Brookfield VS. Bill in Chancery.
William Brookfield
"And now, at this day. comes the plaintiff, by his solicitor; and it appearing to the court, upon affidavit filed, that the defendant in this case is a non-resident of the state of Indiana, it is thereupon ordered by the court that the pendency of this bill be published for three weeks successively (sixty days prior to the next term of this court), in the St. Joseph Beacon, a paper published in the town of South Bend, notifying the defendant to appear at the next term of this court, and plead. answer or demur to said bill; or the matter therein contained will be heard in his absence.
"Elisha Egbert - VS. Case for Libel.
Jacob Hardman
"And now. at this day, come the parties ; and this case is dismissed at the plaintiff's cost, for want of a declaration.
"Received my docket fee. J. A. Liston, at- torney for defendant.
"James Nixon, Admin. VS.
Case in Trover.
Orra Morse
"And now, at this day, comes the plaintiff, and the defendant not appearing, this case is continued until the next term.
192
HISTORY OF ST. JOSEPH COUNTY.
"William Harris - Case in Slander.
VS.
Reuben Brunson
"And now, at this day, comes the plaintiff, by his attorney; and this case is dismissed at the plaintiff's cost.
"On motion of A. Ingram, it is ordered to be certified on the record, that C. K. Green, an applicant for a license to practice law, is a young man of good moral character.
"Thomas T. Benbridge William Foster Charles Foster and
Debt.
Cornelius Bradlewsey VS. Peter Johnson and
Pleasant Harris
"Now, at this time, come the plaintiffs, by Ingram, their attorney, and this cause is con- tinued by operation of law until the next term of this court. And time is given.
"Peley Babcock VS. In Chancery.
John B. Cicott, et al.
"Now comes the said plaintiff, by Evans, his attorney, and files here his bill against the said defendants; and it appearing to the satisfaction of this court that Louis Cicott, James Cicott, Joseph Cicott, Francis Cicott, Mary Ann Labada, Hagget Fisher, and the unknown heirs of Ferris Compo, deceased, heirs at law of George Cicott, deceased, by the affidavit of Benjamin Coquillard, defend- ants to said bill are not inhabitants, and live without the state of Indiana; it is therefore ordered that notice be given of the pendency of this cause to the said defendants, by three successive publications in the St. Joseph Beacon, a newspaper of general circulation published in the county of St. Joseph and state aforesaid, sixty days prior to the next term of this court, that they be and appear on the first day of the next term of this court, to show canse, if any they have, why the prayer of said bill shall not be granted ; and it is further ordered that process issue against the said Zachariah Cicott, in this be- half directed, etc. And this cause is con- tinned to the next term of this court, with leave to the plaintiff to amend his bill.
[A case almost identical with the preced- ing case was that of The Heirs of John Hall, by their guardian and next friend, against The Heirs of George Cicott.]
"Orra Morse VS.
In Chancery.
James Nixon
"And now, at this time, comes the plain- tiff, by his counsel, and the defendant, by his attorney, comes also and files his de- murrer, in these words (here insert), to which the plaintiff files his rejoinder. And the court thereupon, after mature deliberation, sustains the said demurrer to the plaintiff's said bill. It is therefore considered by the court that the plaintiff's said bill be dis- missed, with leave to amend his bill in ninety days; and the said plaintiff pay the costs of this demurrer within ninety days, or attach- ment to issue.
"State of Indiana - Indictment for Sell- ing Spirituous Liquors VS. to Indians.
Sarah McLelland -
"Now, at this day, comes A. Ingram, Esqr., prosecuting the pleas of the state of Indiana, and the defendant comes also; and being set at the bar of the court, and it being de- manded of her how she will acquit herself of said charge, for plea thereto says she is guilty. It is therefore considered by the court that the said deft do make her fine to the state of Ind. in the sum of five dols., and that she stand committed in the custody of the shff. until the fine and costs of said suit are paid or replevied.
"The grand jury empanelled to enquire into the body of St. Joseph county do report that they have examined the jail of said county, and do find in said jail one prisoner ; and further do find said jail insufficient and uncomfortable.
"Octo. 29, 1832. "George Holloway, "Foreman.
"Ordered that court adjourn until court in course.
"Signed, Oct. 29, 1832.
"John R. Porter."
Sec. 5 .- THE SECOND SESSION OF THE COURT .- The act of January 7, 1833, as we have already seen, transferred St. Joseph
193
HISTORY OF ST. JOSEPH COUNTY.
county from the first to the eighth judicial eircuit; and also fixed the terms of court for June and December, in each year. The second term of the St. Joseph circuit court, accordingly, was held in June, 1833. The record shows the court to have been held in a "eourt house," and also shows the presence of a new president judge and a new prose- cuting attorney. The proceedings of this second term opened as follows :
"At the June term of the St. Joseph cireuit court, commenced and held at the court house in the town of South Bend, in the county of St. Joseph and state of Indiana, on the first Monday of June, being the third day of June in the year of our Lord one thousand eight hundred and thirty-three.
"Gustavus A. Everts produced his commis- sion bearing date the ninth day of January in the year of our Lord one thousand eight hundred and thirty-three, from his excel- leney Noah Noble, governor of the state of Indiana, appointing him president judge of the eighth judicial circuit of said state, for and during the term of seven years from the ninth day of January, 1833.
"On the back of which commission is the following endorsement, to-wit: 'State of In- diana, Sixth Judicial Circuit, ss. I, Charles II. Test, president judge of said sixth eir- euit, certify that Gustavus A. Everts per- sonally appeared before me on the 25th day of February, in the year of our Lord 1833, and being duly sworn deposeth and saith that he will support the constitution of the United States and the constitution of the state of Indiana, and that he will well and faithfully and impartially discharge the duties of presi- dent judge of the eighth judicial cirenit of the said state of Indiana, to the best of his abilities.
'As witness my hand and seal, the day and year above written.
'Charles H. Test.' "
Lathrop M. Taylor also "produces his com- mission from his excelleney J. Brown Ray, governor of the state of Indiana, bearing 13
date the eleventh day of August, in the year of our Lord one thousand eight hundred and thirty, commissioning him elerk of the St. Joseph circuit court for the said county of St. Joseph, for and during the term of seven years from the 11th day of August, 1830." And endorsed on such commission is his oath of office, sworn to on the twenty-fourth day of August, 1830, before Samuel L. Cottrell. sheriff of St. Joseph county.
So much of the record of said term as shows the names of the jurors then sum- moned is also here given, as indicating per- sons then prominent citizens of the county : "Daniel A. Fullerton, sheriff of the county of St. Joseph, now returns into court the venire of the grand jury heretofore issued, and brings into court the following jurors named in said venire, to-wit: Horatio Cha- pin, who was sworn as foreman, Simeon Mason, William Roe, Samuel Witter, Adonijah Rambo, Samuel Ritter, Warren Burk, James Garrett, Abraham Whitmore and Abraham Smith, ten in number, being of the regular panel of grand jurors. The sheriff now summons the following by- standers, to-wit: John D. Lasley, Londy Stephenson, John Beeraft, William Stanfield and John Ireland, who being accepted by the court, together with the above named ten of the regular panel, were sworn as the grand jury of this term; who retired under the charge of Renben Hildreth, a sworn bailiff, to deliberate upon matters touching their present service.
"The following grand jurors of the regular panel, being three times solemnly called, an- swer not, to-wit: Samuel Newman, Lot Day, John Egbert, Daniel Edwards. James Palmer, Henry Augustine and John Weaver, but here- in wholly make default. It is therefore or- dered by the court that an attachment do issue against the above named delinquents, returnable at the first day of the next term of this court, to render excuse, if any they have, for failing appear as grand jurors."
An order followed, admitting certain well
194
HISTORY OF ST. JOSEPHI COUNTY.
known lawyers to practice in court, as fol- lows: "On motion of J. A. Liston. John B. Chapman. Martin M. Ray, D. H. Colerick. Joseph L. JJernegan. Samuel C. Sample and William O. Ross are admitted to practice as attorneys and counsellers of law at the bar of this court. and they are severally sworn as such."
The seal of the court was also adopted at this term, by the following order: "The court now devise and adopt a seal. and order a description thereof to be recorded, which is done as follows: Indiana. St Joseph
County. The device whereof is an eagle. bearing in his talons a bunch of darts, an olive branch and an escutcheon. An impress of which said seal is annexed to this entry and description."
At this second term of the St. Joseph cir- cuit court a considerable increase was shown in litigation. During the six days' session there were thirty-six cases considered by the court, distributed as follows: Domestic at- tachment, two: attachment for contempt, one: action on bond, one: forfeiture of recogni- zance, two: to keep the peace, one; trespass, two: trespass in trover and case, one; insol- vency. two; divorce, two: chancery cases, five: suppression of ferry license, one ; appeal from county commissioners as to ferry license. one : appeals from justice of the peace, fifteen.
It is shown by the record of this June ses- sion that John B. Chapman appeared in court and produced his commission from Noah Noble. governor of the state, commis- sioning him as prosecuting attorney of the eighth judicial circuit for the term of two years from the tenth day of January, 1833.
On the fourth day of the term the grand jury made their report the record being as follows :
"The grand jury now come into court, and return into court sundry bills of indictment found by them, and signed by their foreman as true bills: which are filed by the clerk as such. And the grand jury further make the following presentment of the insufficiency of
the county jail. to-wit: The grand jurors for the state of Indiana, empanelled, sworn and charged in the circuit court of St. Joseph county to enquire in and for the body of the county aforesaid. upon their oath present that they have examined the jail of the county aforesaid. and find that the same has been broken open by some person to them un- known, by cutting a log from one side, ren- dering the said jail insufficient for the deten- tion of prisoners: and we further present that the said jail is wholly insufficient for the safe keeping of prisoners in other respects. "H. CHAPIN.
"Foreman of Grand Jury."
The following orders relating to the re- port of the grand jury and to jury service were made :
"Ordered by the court that writs of ca- pias ad respondendum do issue, on all indict- ments found at the present term; and that each of the defendants in said bills named are required to enter into a recognizance in the sum of $25.00. with surety in the like sum, except where a different amount is en- dorsed on said bills.
"It is ordered by the court that the clerk of this court certify to the board of county commissioners the number of days the grand jurors and petit jurors served at this term of the circuit court; as also the number of days the associate judges served at this term."
The names of the associate judges are not mentioned in the proceedings of the term. the record of each day's proceedings being signed only "G. A. Everts."
The following entries are also shown :
"On motion of Samuel C. Sample, Esq .. Albert S. White is admitted to practice as an attorney and counsellor at law, and is sworn as such.
"On motion of Albert S. White. Esqr., Hugh McCulloch, Esqr., is admitted to prac- tice as an attorney and counsellor at law at the bar of this court, and is sworn as such.
195
HISTORY OF ST. JOSEPHI COUNTY.
"On motion of Jonathan Liston, Esqr., it is ordered by the court to be certified of rec- ord that John D. Defrees, an applicant for a ·license to practice as an attorney and coun- sellor at law, is a man of good moral char- acter. "a
Sec. 6 .- OTHER SESSIONS OF THE COURT UNDER THE OLD CONSTITUTION .- The record for the December term, 1833, beginning Mon- day. December 9, 1833, shows that Gustavus A. Everts was present as president judge and William McCartney and John Banker as associate judges. Lathrop M. Taylor was clerk; Samuel L. Cottrell, sheriff, and John B. Chapman, prosecuting attorney.
The jurors attached to show cause why they should not be punished as for contempt for failing to attend at the June term were each found to have had sufficient exense, and were discharged.
Ten cases of indictments for selling spirituous liquors were considered by the court at this term. There was one conviction, the trial being by a jury, and a fine of twelve dollars and fifty cents and costs was assessed against the defendant. Three divorces were granted. The grand jury again found the jail "wholly insufficient for the confinement of prisoners, there being a large hole in one corner of said jail and otherwise deficient and wanting much repair." Among the in- dictments returned was one "for keeping and exhibiting a gaming table." and the defen- dant was required to enter into a recogni- zance in the sum of one hundred dollars. and bail in the like sum.
The final order of adjournment at this term was signed only by the associate jus- tices, William McCartney and John Banker. Chapel W. Brown does not appear in the records of the circuit court as one of the as- sociate judges, although he sat with Judge
a. See act approved January 31, 1824, R. S., 1831, pp. 84-87, regulating admission of attorneys to practice law; also acts approved January 31, 1825, December 28, 1827, February 17, 1838, R. S., 1838, pp. 83-87; R. S., 1843, pp. 660-664.
Banker at a term of the probate court held in 1832. (See note, supra.)
The act of January 28, 1834, brought the first term of our circuit court for that year in April.ª The session convened on Monday, April 7, 1834. The judges and other officers were the same as at the December term, 1833, and the character of the litigation was but little different. The final order of ad- journment was again signed by the associ- ate judges, this time with the explanation. "previous to signing Judge Everts having left the bench."
At the October term, 1834, the officers of court were unchanged. except the prosecut- ing attorney. In the following entry it is shown that one of the most distinguished men of the local bar was advanced to that position :
"Now comes into court Samuel C. Sample, Esqr., and produces a commission from his excellency, Noah Noble, governor of said state, commissioning him, the said Sample, proseenting attorney of the eighth judicial circuit. On the back of which commission was the oath of office endorsed."
At this term there were numerous prose- cutions for violations of law,-gaming, selling liquor to Indians, affray. assault and battery, contempt of court, to keep the peace, rout, drunkenness, burglary, larceny, as also cases of slander.
The grand jury again reported "that the jail of said county is totally insufficient in point of strength to confine prisoners, and that the same wants repairing. The same we find clean and wholesome.
"Signed. Reynolds Dunn, Foreman of the grand jury."
On this report it was "ordered by the court that the clerk of this court certify down to the board of county commissioners a copy of the aforesaid jail report, together that it is the order of this court that said commission- ers have said jail repaired in a good and substantial manner to contain prisoners."
a. Acts, 1833, p. 70.
196
HISTORY OF ST. JOSEPH COUNTY.
John B. Niles was at this term admitted to practice law.
On Thursday, the first day of January, 1835, a special term of the St. Joseph circuit court was held for the trial of Alexis Provon- cille, indicted for burglary and larceny. The following jury was empanelled to try the case : Simeon Mason, Ezekiel Thomas, John Rudduck, Jr., Londy Stephenson, Seymore Stilson, John Rose, Alexander Blake, Tim- othy Mate, Henry Smith, Francis R. Tutt, William Middleton and Samuel Good,- "twelve good and lawful men, householders and freeholders of the said county of St. Joseph, who are chosen, elected, tried and sworn to well and truly try the issue joined, as aforesaid." The defendant was convicted, and was sentenced to state's prison for two years and fined five dollars. This was the first case of imprisonment in the state's prison from St. Joseph county.
At the April term, 1835, the officers re- mained as before. The prosecutions for vio- lations of the criminal law continued numer- ous, particularly those for gambling, and for keeping gaming tables. There were two in- dietments for vending merchandise without license, and one for betting on a horse race.
At the October term, 1835, the officers of the court were unchanged, and the character of the litigation continued to show numer- ons violations of the criminal law. Gambling was still the chief offense, but there were also nine indictments for selling intoxicating liquors without a license, and one for selling spirituous liquors to Indians. Two indict- ments were returned for violations of the estray laws. There were actions also to keep the peace, and several suits for slander.
At the October term, 1836, Samuel C. Sample was presiding judge, and Joseph L. Jernegan prosecuting attorney. The associ- ate judges remained as before.
At the October term, 1837, John Ireland and Reynolds Dunn appeared as associate judges; and an innovation is shown upon the
records-all three judges signing their names to the orders.
At the October term, 1839, Peter Johnson appears as associate judge, and William C. Hanna as prosecuting attorney.
At the October term, 1840, Gustavus A. Everts was prosecuting attorney ; and at the April term, 1841, the office was again filled by William C. Hanna.
At the September term, 1842, John H. Bradley appeared as prosecuting attorney ; and at the March term, 1843, Ebenezer Cham- berlain.
At the September term, 1843, John B. Niles was president judge, and Reuben L. Farnsworth prosecuting attorney.
At the March term, 1844, Ebenezer M. Chamberlain became president judge, and at the September term of the same year Powers Green and John D. Robertson became asso- ciate judges.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.