USA > Indiana > Hamilton County > A history of the formation, settlement and development of Hamilton County, Indiana, from the year 1818 to the close of the Civil War > Part 4
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At the January session of the board, 1829, John Stephenson & Co. were granted a license to vend mer- chandise for one year. The receipts this year ex- ceeded expenditures $43.112. At the January session of the board a tavern license was granted to William S.
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Wallace at Woodville, this county, for one year. Rob- ert L. Hanamon was also granted a license to keep a tavern in Noblesville. On the 10th day of August, 1830, the board ordered that a one-story court house be built on lot No. 1, in block No. 11, in the town of Nobles- ville. thirty-two feet long and eighteen feet wide.
The first license granted to sell intoxicants was granted to James Hughey, at his house in Woodville in January, 1831. The first license to sell spirituous liquors in Noblesville was issued to Wilburn Davis & Co. at the September session, 1831. At this session the county was divided into three commissioners' districts.
The first court house was accepted at the November session, 1831.
In 1832 the Legislature ordered a State road built from Knightstown to Pendleton, and from there to Strawtown. Near the same time the Legislature also ordered a road from Morristown, in Shelby County, by way of Greenfield, in Hancock County, and Nobles- ville, in Hamilton County, to intersect the Lafayette & New Castle road at or near Kirk's Prairie, in Clinton County. John D. Stephenson and John Osborn were appointed as commissioners to locate and lay out the road. Their report of location was made in November, 1832. Pioneers had traveled from Noblesville to the vicinity of Lafayette over this route, but there had been no established road. This road is still used, as then laid out, to Kirklin. In 1833, at the January session of the
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board, Madison Sweetser was granted a license to retail merchandise at Woodville, for a period of six months. At this session of the board a building erected by Jerry K. Leaming for the county clerk's office was received. The price was $122.00. At the same time Daniel Heaton made a report of the expense of locating a State road from New Castle to Crawfordsville, so far as this county was concerned. John D. Stephenson, as recorder of the county, was allowed the sum of $2.00 for recording apprentice indentures.
The board at the same session made a record of the expenditures and receipts of the county for the year 1832. The receipts were $945.58; expenditures, $1.033.743. At the March session, 1833, Curtis Mal- lory was appointed county treasurer for one year. At the May session of the same year the jail was ordered repaired as follows: The room where the criminals were kept was to be lined crosswise of the logs with good oak boards one and one-half inches thick and not to exceed eighteen inches in width, the edges to be squared and spiked ; the doors were to have new locks and the floor was to be lined in the same manner as the walls. The debtors' room was to be lined in the corners in the same manner. At this term Stephen Carey and Allen Cole were sworn in as county commissioners.
At the September session of the board Asa Beales petitioned the board to lay out and locate a road from the present site of Westfield south to the county line.
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The board also ordered the court house repaired, and granted Asa Beales & Co. license to vend merchandise.
It was at the November session, 1833, that the board divided the county into townships. Without de- scribed them, it will be sufficient to say that the nine townships of our county, as we now have them, were named and described at that time.
At the January session, 1834, it was ordered by the board that Lewis G. Coy, John Murphy, Josiah West, Barton W. Wall and Jonathan Colborn each be allowed the sum of one dollar for one day and one night's serv- ice in guarding William McDowl, a prisoner charged with murder. This is the first record in the county of a prisoner being charged with this crime.
CHAPTER VII.
The Hamilton Circuit Court.
The first term of the Hamilton Circuit Court was held in 1823 at the house of William Conner, in Dela- ware Township. William Wick, circuit judge; John Finch and William Blackmore, associate judges; D. B. Wick, prosecuting attorney; W. R. Warrick, sheriff, and John D. Stephenson, clerk. The commissions of all
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parties were recorded and the oath of office was admin- istered. The grand jury was ordered by the commis- sioners of the county to report for duty. John Black and Francis Kinkaid failed to respond to the summons and proceedings were immediately begun against them for contempt of court. Other jurors were summoned and put in their places. The grand jurors were sworn and charged by the court and sent out to their work. The record is silent as to where the jury was conducted, but it is presumed that they were in the open. Wit- nesses had been summoned from all parts of the county ; bills of indictment were found and returned into court.
Some of the cases were as follows: State of Indiana vs. James Wilson, grand larceny; State of Indiana vs. John Bingham, for retailing liquors without a license ; State against Archibald Johnson, for failure to attend as a witness before the grand jury when summoned; State vs. Francis Kinkaid, for retailing liquor without a license. Civil cases : Archibald Johnson vs. Henry Fo- land and John M. Wood. The indictments found by the grand jury were at once reported to the judge of the court. They were examined, approved, ordered recorded and placed on the docket. The grand jury was discharged and the court adjourned until April, 1824.
The April term of the Hamilton Circuit Court was the first term at which any business was done. Court
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met at the house of William Conner. Present, W. W. Wick, circuit judge; John Finch and William Black- more, associate judges; W. P. Warrick, sheriff, and J. D. Stephenson, clerk. Joseph Kirkendall and Elias Hoddy were appointed bailiffs, one for the grand jury and one for the court. At the November term, 1823, Harvey Gregg, James Gilmore, B. F. Morris, Daniel B. Wick and E. C. Wilson were admitted to the bar as licensed attorneys. At the April term, 1824, Gabriel J. Johnson, James Rariden, Cyrus Finch and Josiah F. Polk were admitted. Polk was the only resident attor- ney. He was appointed prosecuting attorney by the judge for the April term. The following cases were found on the court docket : State of Indiana vs. Jolin Bingham, indictment for retailing liquors without li- cense. On being arraigned he plead guilty and was fined $4.00 and cost of prosecution. The second case was Archibald Johnson vs. Henry Foland and Jesse M. Wood, for trespass. On motion the plaintiff had leave to amend his declaration and the cause was continued. The third case was State of Indiana vs. Archibald John- son, scire facias for non-attendance at grand jury when summoned. On motion of the prosecuting attorney the case was dismissed. The fourth case was State of Indiana vs. Francis Kinkaid. This was the same as above, and on motion was dismissed. The fifth case was State of Indiana vs. James Willason, indictment for grand larceny. The prosecuting witness was not pres-
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ent and an attachment was issued for him, the cause being continued until the second day, and the court ad- journed for the day. On the second day the witness being present, the case was called. The defendant plead not guilty and demanded a jury. As this was the first case ever tried by a jury in the Hamilton Circuit Court, I will give their names. They were: Thomas Morris, William Richy, John Friel, James Friel, Jr., Lemuel Anton, John Alman, John Dickson, Alexander McClintock, Henry Foland, Andrew Wilson, John Car- penter and Michael Wise. After hearing the evidence and argument, the jury found the defendant not guilty. Jeremiah Leaming was excused from serving on the grand jury. This being the last day of the term, the grand jury returned the following indictments: State vs. Adam Spring, selling liquor without a license; State vs. Martin Bingham, for selling liquor without a li- cense. It was ordered by the court that Joseph Kirken- dall and Elias Hoddy be allowed $2.00 each for services as bailiffs for the April term. Ordered that W. P. Warrick as sheriff be allowed $16.00 for his annual al- lowance to the end of this term; ordered that William Conner be allowed $16.00 for the use of his house for court and grand jury rooms for tlie November term of 1823, and the April term of 1824; ordered that Josiah F. Polk be allowed $20.00 for his services as prosecut- ing attorney for the April term of 1824; ordered that each grand juror be allowed $1.50 for two days' services
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as grand jurors for the April term of 1824. Court then adjourned until the next term.
A comparison of fees then and now is somewhat in- teresting. The sheriff for one year received $16.00; grand jurymen, seventy-five cents per day; bailiffs, $1.00 per day. The judges are the only persons receiv- ing what appears now to be fair wages. The sheriff had two juries to summon for each term of court, all arrests to make, witnesses to summon, civil processes to serve, and had to attend both terms of court either in person or by deputy.
At the October term of the Hamilton Circuit Court, 1824, Harvey Gregg presented his commission as pros- ecuting attorney for this circuit. The commission was examined by Judge Wick and Gregg was ordered sworn as the law directed. The sheriff was ordered to bring the grand jury into court. The first case for trial was the State against John Bingham. It appeared from the return of the sheriff that the defendant could not be found in this county, so an alias capias was ordered to Shelby County, Indiana. The next case on the docket was the State of Indiana against Adam Spring. The sheriff's return on the process showed that the de- fendant could not be found in this county and an alias capias was ordered to Montgomery County for this de- fendant's arrest. The next case on the docket was the State versus Martin Bingham. In this case it appeared from the sheriff's return that the defendant was in cus-
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tody but not in court. On motion of the prosecuting attorney the sheriff was required by the court to pro- (luce the body of the defendant at the next term of court or show cause why he should not be required to pay the sum of $20.00, the amount of bail required of the defendant by law. The grand jury was impaneled and at this term returned the following indictments : The State vs. George Coderick, assault and battery. The defendant being arraigned, plead not guilty and gave bond for his appearance at the next term. John Babtiste, a Canadian, on application was admitted to citizenship. This was the first person so admitted in this county. It was ordered by the court that each of the grand jurors who had served at this term be al- lowed a credit of one day's work on the roads for such service. The next entry was as follows: Archibald Johnson vs. Henry Foland, et al. The plaintiff filed an amended declaration ; the defendant filed a demurrer to the amended declaration .and the cause was continued at the costs of the plaintiff, which he was ordered by the court to pay within sixty days or suffer arrest under at- tachment proceedings. The next case was Peter Chod- erick, by next friend, vs. James McNutt. The defend- ant was ruled to answer within ninety days. The court adjourned until the next day. On the second day court met and approved the appointment of Jack Collip as administrator of the estate of James Lee. It was or- dered that John Finch and William Blackmore, asso-
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ciate judges, be allowed $4.00 each for their services for this term and court then adjourned.
At the April term of the Hamilton Circuit Court for the year 1826 a suit was pending on which James Willa- son was defendant. This case was called libel for di- vorce. The case was subsequently dismissed by the plaintiff. At this term a case for the surety of the peace was pending, in which Rebecca Popejoy was plaintiff and Lawrence Willason was defendant. This was the first surety of the peace case in this county. The case was subsequently dismissed. The grand and petit jurors were each allowed $1.00 for two days' service as such jurors.
At the October term. 1826, there were several in- dictments for affrays found. At this term Hannah Kin- kaid refiled her complaint against John Whelchel and wife for slander. Thereon the defendants made public retraction of the slanderous words alleged to have been spoken and the matter was adjusted. At this term it was ordered by the court that John Nollen be fined for being intoxicated and also for being in open and mani- fest contempt of the court in the presence thereof by talking loudly and refusing to be silent, although fre- quently admonished by the court; that for such con- tempt his fine to the State of Indiana for the use of the county seminary fund of said county be $5.00, and that he pay and satisfy the costs and that the State have ex- ecution of the same. This was the first fine assessed for
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contempt committed in the presence of the court. The suit of Hannah Kinkaid against Whelchel and wife was the first suit for slander. Suit was brought by Violet Willason against her husband in libel for divorce, but the case was dismissed by the plaintiff at the next term.
At the April term of court, 1827 an indictment was returned by the grand jury against Lewis Heady for an assault with an intent to commit murder. This was the first indictment for this offense returned by the grand jury.
At the October term of court, 1827, the grand jury returned an indictment against Martha Catlin for per- jury, which was the first indictment for perjury against a woman in this county. At this term of court a suit in libel for divorce was pending wherein James Willason was plaintiff and Violet Willason was defendant. This was the third suit between the same parties for divorce.
The case was submitted to the court for trial, and after hearing the evidence, the court dismissed the canse. At this term a suit was pending wherein James M. Ray and William Conner were plaintiffs and Wil- liam Miller was defendant to foreclose a mortgage. This was the first suit brought in this county to fore- clos a real estate mortgage. At the April term, 1828, B. F. Morris was circuit judgeand John Finch and William Blackmore associate judges ; John D. Stephenson, clerk ; Whitcomb, prosecuting attorney; William S. Goe, sheriff. Quite a number of indictments had been re-
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turned by the grand jury against divers persons for winning money in a game called wager; two or three for assault and battery; one for adultery ; two for res- cuing a prisoner ; two for riot. All of the above cases were on the docket for trial. Also one case for slander, and one case for the assignment of dower. This was the first petition filed for an assignment of dower in this county. At the October term of the circuit court Charles Ketcham, by George Ketcham, as next friend, brought suit against Michael Brewitt and the heirs of John Brewitt, deceased, to quiet the title to certain real estate in this county. The plaintiffs were Indians and the defendants were French. A careful examination of the circuit court docket up to this time shows that a large preponderance of the cases filed were criminal cases, and the list of offenses ranged from a charge of assault and battery to an assault with intent to commit murder. John Finch and William C. Blackmore served as associate judges from 1823 until May, 1830. At the May term, 1830, David Osborne and Joshua Cotting- ham produced their certificates of appointments as as- sociate judges. They took the necessary and usual oath of office and took their seats on the bench, Finch and Blackmore retiring.
At this term a certificate of good character was given by the court to Fabius M. Finch, also to Robert L. Hannaman. These certificates were preparatory to an examination for admission to the bar as members
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thereof. At the November term of court, 1830, Seth Bacon, who was then imprisoned in one room of the county jail as an insolvent debtor applied to the court for relief under the insolvent debtor act. At this term the first indictment for a nuisance was found and re- turned by the grand jury. At the May term of the court, 1831. Fabius M. Finch was admitted to the bar as a member thereof. He was the third resident attor- ney admitted.
Names of resident attorneys from 1823 to 1865, in- clusive :
I. Josiah F. Polk.
2. Fabius M. Finch.
3. Jacob Robbins.
4. John Hutchins.
5. Francis Lindsey.
6. Earl S. Stone.
7. William Garver.
8. Gustavus H. Voss.
9. Joseph Robbinson.
IO. Dewit C. Chipman.
II. Silas Hare.
12. Jonathan W. Evans.
13. James O'Brien.
14. Alexander H. Conner.
15. Thomas H. Bowles.
16. Thomas J. Kane.
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17. William Neal.
18. Solomon Maker.
19. Francis Finch.
20. Augustus F. Shirts.
21. Joel Stafford.
22. William O'Brien.
CHAPTER VIII.
County Officers for the Year 1823 to the Year 1865.
Coroner.
Zenas Beckwith, 1827, one year.
C. W. Harrison, 1828 to 1833. B. J. Dunning, 1834, one year. Jonathan Colburn, 1834 to 1844. F. G. Reynolds, 1845. Moses Craig, 1846 to 1850. John Burk, 1851 to 1852. J. F. Johnson, 1853, 1854 and 1855. John S. Bolton, 1856 to 1859. Abner B. Jones, 1860 to 1861. Jonathan Colburn, 1862 to 1865.
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HAMILTON COUNTY, IND.
School Commissioners and County Superintendents.
W. Davis, for the year 1832. H. W. Clark, 1833 to 1835. Samuel Monroe, 1836 to 1841. J. M. Mallery, 1842 to 1848. Isaac Williams, 1849 to end of 1852. I. N. Terwilliger, 1853. (At this time the office was abolished.)
Circuit Court Judges.
W. W. Wick, 1823 and 1824. Bethel F. Morris, 1824 to 1834. W. W. Wick, 1834 to 1838. James Morrison, 1838 to 1841. F. M. Finch, for 1842. W. J. Peaslee, 1843 to 1849. Jeremiah Smith, 1850 and 1851. W. W. Wick, for 1852. Stephen Majors, 1853 to 1858. Joseph S. Buckles, 1859 to 1866.
Associate Judges.
John Finch and W. C. Blakemore, 1823 to 1829. Joshua Cottingham and David Osborn, 1830 to 1838. W. A. Emmons and W. D. Rooker, 1838 to 1840. Jonathan Colborn and W. D. Rooker, 1841. Jonathan Colborn and W. S. Goe, 1842 to 1850. Jesse Wilson and William Neal, 1851 to 1852.
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(In 1852 the office of Associate Judge was abolished.) Probate and Common Pleas Judges.
J. Finch and W. C. Blakemore, 1823 to 1829. Joshua Cottingham, 1840 to 1843. Lucius N. Emmons, 1840.
H. W. Clark, 1844.
Earl S. Stone, 1853 to 1856.
Nathaniel R. Lindsay, 1857 to 1860.
John Green, 1861 to 1863. William Garver, 1863 to 1866.
Prosecuting Attorneys.
D. B. Wick, Josiah F. Polk, Harvey Gregg, Calvin Fletcher, James Whitcomb, W. W. Wick, M. R. Brom, Harvey Gregg, Herrod Quarles, Beardsley, G. H. Voss, William Garver, David Moss, Joel Stafford, David S. Gooding, T. S. Underhill and N. Vanhorn.
Clerk.
John D. Stephenson, 1823 to 1836. John G. Burns, 1836 to 1850. Daniel R. Brown, 1850 to 1854. James O'Brien, 1854 to 1858. W. Conner, 1858 to 1862. John Trissal, 1862 to 1866.
Auditor.
John D. Stephenson, 1823 to 1840.
1
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Earl S. Stone, 1840 to 1844. George Simpson, 1845. Amos Palmer, 1846 . John D. Cottingham, 1847. Levi Farley, 1847 to 1856. Joseph R. Gray, 1856 to 1860. William A. Pfaff, 1860 to 1864. John W. Pfaff, 1865 to 1866.
Treasurer.
William Conner, 1823. Curtis Mallery, 1824 to 1843. H. G. Finch, 1844 to 1849. John C. Burton, 1850 to 1854. Elisha Pickett, 1855 to 1856. J. B. Loehr, 1857 to 1858. William Neal, 1859 to 1860. J. B. Carey, 1861 and 1862. John Pontius, 1863 and 1864. J. F. McClelland, 1865 and 1866.
Sheriff.
W. P. Warick, 1823 and 1824. R. L. Hannaman, 1825 and 1826. W. S. Goe, 1827 to 1831. Isaac Cottingham, 1832 to 1835. Jonathan Colborn, 1836 to 1839. Isaac Cottingham, 1840 and 1841. 3
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PRIMITIVE HISTORY OF
C. W. Harrison, 1842 to 1845, inclusive. Michael Reveal, 1846 to 1849, inclusive. David Stewart, 1850 and 1851. Jacob B. Lochr, 1852 to 1855, inclusive. Andrew McKinsey, 1856 and 1857. A. G. Ferguson, 1858 and 1859. John N. Darrah, 1860 and 1861. David W. Shock, 1862 and 1863. John B. Jackson, 1864 and 1865.
Recorder.
John D. Stephenson, 1823 to 1838. Albert B. Cole, 1838 to 1853. William Neal, 1854 to 1856. N. H. Mills, 1856 to 1860. Garret D. Wall, 1860 to 1864. M. W. Essington, 1865.
Surreyor.
R. L. Hannaman, 1828 to 1830, inclusive. James Hughey, 1830 to 1834. Ira Kingsbury, 1835 and 1836. James Hughey, 1837 to 1840, inclusive. John Criswell, 1841 to 1844, inclusive. William Pickett, 1845. John Criswell, 1845 to 1853. William Pickett, 1854 and 1855. Zenas Carey, Jr., 1856 and 1857. E. Cottingham, 1857 to 1866.
I
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HAMILTON COUNTY, IND.
Board of County Commissioners.
Solomon Finch and Zenas Beckwith were elected to the office of Commissioner in 1823; Finch from Dela- ware Township and Beckwith from White River. They served two terms each and at the end of that time the office was abolished and a Board of Justices estab- lished. The following persons served on this board : William Bush, W. Foster, J. F. Polk, W. Dyer, Francis Kincaid, Joshua Cottingham, John Berry, Robert Blair, Zenas Beckwith, Andrew W. Ingerman, Jesse M. Wood, W. Conner, Josiah Kirkendall, Isaac Hurlock, Lewis Ogle, Daniel Heaton, Elias Hoddy, George Medsker, Jesse Wilson and W. S. Wallace. The Board of Justices was abolished in 1833 and the Board of Commissioners again established. Up to this time the county had been divided into two townships, but at this time was divided into three districts. The fol- lowing men served as Commissioners from 1831 to I866:
First District-
James Hughey, 1831 and 1832. Isaac Hurlock, 1833. Abraham Helms, 1834 to 1839. John Kinzer, 1840 and 1841. Abraham Helms, 1842. Thomas Harvey, 1843 to 1845, inclusive. Joseph Bolton, 1846.
PRIMITIVE HISTORY OF
Silas Moffitt, 1847 and 1848. AAbraham Helms, 1849 to 1851, inclusive. James L. Darrah, 1852 to 1854, inclusive. John Burk, 1855 to 1857, inclusive. Thomas Harvey, 1858 to 1860, inclusive. John Burk, 1860 to 1866.
Second District-
Peter Wise, 1831 and 1832. W. S. Goe and Stephen Carey, 1833. Stephen Carey, 1834 and 1835. Ebenezer Hurlock, 1836 to 1838, inclusive. Levi Bowman, 1839. Phillip Stoops, 1840 to 1842, inclusive. Abraham Nicholson, 1843 to 18.47. Atwill Chance, 1848 to 1850, inclusive. Nelson Daubinspeck, 1851 to 1853, inclus- ive. D. C. Maker, 1853 to 1859. Daniel Fisher, 1859 to 1862. David Steward, 1862 to 1866.
Third District-
Henry Foland, 1831 and 1832. Allen Cole, 1833 and 1834. W. C. Blakemore, 1835 to 1837, inclusive. Ira Kingsberry and Abel Gibson, 1838. Allen Cole and E. Redmond, 1839.
HAMILTON COUNTY, IND.
E. Redmond, 1840.
Abel Gibson, 1841 to 1843, inclusive. Allen Sumner, 1844 to 1846, inclusive. Edward Hall, 1847 to 1849, inclusive. J. C. Kinnaman, 1850 and 1851. Edward K. Hall, 1852 to 1855. Charles Stout, 1856 to 1858, inclusive. Conrad Beard, 1859 to 1861, inclusive. W. H. Dickeral, 1862. Conrad Beard, 1862 to 1866.
County Agents.
Josiah F. Polk, 1823 and 1824. Sydnor Dale, 1824 to 1826. W. Davis, 1826 to 1828. R. L. Hannaman, 1828 to 1835. Albert B. Cole, 1836 to 1840.
John P. Patterson, 1840 to 1844. Joseph Messick, 1844 to 1848. Jacob Robins, 1848 to 1850. David Moss, 1850 to 1852.
Trustees of Seminary Fund.
J. G. Barnes, Jesse Lutz, T. T. Butler, A. B. Cole, J. M. Mallery and David Moss.
Senators. For the years of 1825 and 1826, James Gregory was
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Senator for the counties of Marion, Shelby, Madison, Hamilton, Rush, Henry, Decatur and Johnson.
For the years 1826 and 1827. Calvin Fletcher was Senator for the counties of Marion, Hendricks, Hamil- ton and Madison.
Calvin Fletcher was again Senator from the last- named counties in 1827 and 1828. The district was then changed and Fletcher was Senator from Marion, Hendricks, Hamilton, Hancock, Carroll and Madison.
In 1829 and 1830 Calvin Fletcher represented Marion, Hendricks, Hamilton, Hancock and Madison in the Senate.
From 1830 to 1831 he represented Marion, Hen- dricks. Hamilton, Hancock, Madison and Boone.
In 1831 and 1832 Fletcher represented Marion, Hamilton, and all the territory north of Hamilton in the Miami Reserve.
Again in 1832 and 1833 Fletcher represented Marion, Hamilton and all the territory north of Hamil- ton to the Miami Reserve.
In 1833 and 1834 A. F. Morrison represented Ma- rion, Hamilton and all the territory north of Hamilton to the Miami Reserve.
In the years 1834 to 1836 Henry Brady represented the last-named territory.
In 1836 to 1838 Bicknell Cole represented Hamilton and Boone.
Jacob Angle represented the last two counties in 1839 to 1842.
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HAMILTON COUNTY, IND.
Mark A. Duzan in 1842 to 1845.
W. W. Conner represented Hamilton, Boone and Tipton in the Senate in 1845 to 1848.
William Garver the last-named counties from 1848 to 1852.
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