USA > Indiana > Kosciusko County > A standard history of Kosciusko County, Indiana : an authentic narrative of the past, with particular attention to the modern era in the commercial, industrial, educational, civic and social development. A chronicle of the people with family lineage and memoirs, Volume I > Part 12
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The prominent men of Warsaw and Leesburg were whigs. The whigs of Warsaw wanted Peter L. Runyan, Sr., for representative on both political and local grounds, and the whigs of Leesburg, feeling no interest in common with Oswego, stood by the whigs of Warsaw. A convention to nominate whig candidates for senator and representative was held in March of that year in Plymouth. The whigs of St. Joseph and Marshall were enthusiastic for Baird, on political and personal grounds. This suited the whigs of Warsaw and Leesburg, and he was unanimously renominated. In return, the whigs of Marshall County were for Runyan, who received the nomination for representative. French and some of his friends protested against both nominations ; but it was wholly useless. The battle cry was Harrison and Tyler, and naught else could receive a hearing. Warsaw was so fortunate as to be able to suit herself with candidates both locally and politically, and a whig nomination that was equivalent to an election. This vir- tually settled the clipping question for that year. The formality was gone through with, as usual, of presenting to the Legislature petitions with a formidable array of signers, but they received little attention.
In 1841 the political excitement had abated, and the people were again in a mood to pay attention to local questions. The Clippers became more active, determined and confident of success. But as the sequel shows, they were again to be foiled by political interference. The county had now been joined with Whitley County for represen- tative purposes. The whigs of Warsaw and Leesburg, with the aid of those of Whitley, again succeeded in nominating Runyan. French now determined that he should be beaten and, though a whig him- self, announced himself as a candidate, in which he had the promised support of most of the democratic leaders. But two others also an- nounced themselves as candidates-John R. Blaine, of Leesburg, a whig, and Joseph Hall, of Prairie Township, a democrat.
WARSAW THE FINAL VICTOR
At the election French led all the others, receiving a solid sup- port in the southern townships and the principal support of the north-
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HISTORY OF KOSCIUSKO COUNTY
east. Runyan came next, receiving the solid support at Warsaw of both parties, a fair share of the whig support at Leesburg, and some scattering whig votes throughout the county. In the county, he fell some thirty votes behind French. Blaine received a respectable vote, drawing his support mostly from those who would otherwise have sup- ported French. Hall received but a small vote in the county, all the influential democrats supporting French. Whitley County decided the contest. The democrats supported Hall on political grounds, the great majority of the whigs supporting Runyan because he had the regular whig nomination. In the two counties, Runyan had some thirty majority over French, and Warsaw was again victorious.
French laid his defeat to Blaine, who drew his votes from French's district east of Leesburg. It is certain that if Hale had not been a candidate, French would have received the democratic vote of Whit- ley, because Runyan was known as the regular whig candidate.
These successive defeats, owing mainly to the interference of na- tional politics, served to greatly discourage the Clippers, as it left them without friends in the Legislature. They made, however, a very vigorous effort in the ensuing winter, by means of delegates to the lobby armed with long petitions, and greatly worried the poor inhabitants, who had to counteract them in the same manner and at great expense. The petitioning was kept up for still another year, but the efforts gradually weakened and died out. In 1843 the county commissioners became satisfied that the question was settled, and put the present (written in 1879) court house under contract.
The excitement lasted about four years and, at times, ran so high that the people of the neighboring counties became interested and took sides in argument. Warsaw was greatly injured in character at a distance because the grossest falsehoods were circulated as to the health of the place, and people abroad really came to believe that it was beyond comparison the most unhealthy location in the western country. It was asserted and believed by many that the reason why the place did not improve more than it did, was that few people could live there long enough to build a house.
PETER L. RUNYAN, SR.
There was probably no citizen of Kosciusko County who was more intimately and prominently connected with the early politics, public affairs and developmental movements of this section of northern In- diana that Peter L. Runyan, Sr., familiarly and affectionately called Uncle Peter. He was an Ohio man of Virginia parentage and in his
121
HISTORY OF KOSCIUSKO COUNTY
early manhood married into the widely known Ervin family. In November, 1831, he joined his father-in-law, Charles Ervin, and, with his own family, journeyed overland from Ohio to Goshen, Elkhart County, Indiana. Nothwithstanding the threats of the Black Hawk war, the Runyans remained in that section of the western frontier, and Uncle Peter of the future (he was then a rugged frontiersman of twenty-six) soon came into notice as a strong, practical man worthy of being entrusted with the public affairs of his locality.
In the fall of 1832 Mr. Runyan was elected justice of the peace for Elkhart County, and two years afterward was called to the present neighborhood of Milford to officiate at the marriage of Henry H. Wil- kinson with a Miss Wright-one of the first affairs of that nature to occur in what is now Kosciusko County. The country evidently ap- pealed to him, for in January, 1836, he resigned as justice of the peace for Elkhart County, and early in that year located on the site of what soon afterward was platted as the village of Leesburg. In partnership with Thomas Thomas he there engaged in business as one of its first merchants. At the same time he was appointed deputy sheriff. But he evidently foresaw that Warsaw was to be the better town, in 1838 sold his interest in the Leesburg store and in the fol- lowing year located at the county seat.
At Warsaw, Mr. Runyan became proprietor of the Losier House, which in pioneer times was considered a sure stepping stone to local preferment of an official and political nature-provided the landlord had the requisite qualities to advance in both fields; and Peter L. Runyan abundantly possessed them all. As has been noted, in the year that he located at Leesburg, that place and Oswego were in the running for the location of the county seat, and a strong movement was under way in the southern townships to have a new county organ- ized from portions of Kosciusko, Wabash, Fulton and Miami. Clip- pers and anti-Clippers, whigs and democrats, wrestled back and forth, complicating local issues with national politics, and P. L. Runyan, Sr., was in the thick of it all. At length after four years of this sort of campaigning, in 1840 he was elected representative to the Legis- lature the first substantial victory gained by either party during that period.
During the legislative session of that year Indiana was redistricted, and Kosciusko and Whitley formed into one district. Mr. Runyan was renominated by the anti-Clippers, and, after a bitter contest, was re-elected. He had already been serving for several years as com- missioner of the Three Per Cent Fund, derived from the sale of pub-
122
HISTORY OF KOSCIUSKO COUNTY
lic lands and applied to the building of roads and bridges. During September, 1837, to September, 1841, in that capacity he had per- sonally superintended the construction of most of the principal roads and bridges which had been opened in Kosciusko County. He also held the position of commissioner of the Surplus Revenue Fund dur- ing two years of the same period ; was collector of taxes for the county in 1839 and county agent in 1843-50. In the last named capacity he superintended the erection of the 1848 court house.
From 1840 to 1853, Mr. Runyan was engaged in business at War- saw, and in 1853 secured contracts for carrying the mail from that place to Fort Wayne. From that year until the completion of the Pittsburgh, Fort Wayne & Chicago Railroad, in 1856, he also operated a daily stage line between these points, and a tri-weekly stage between Warsaw and Plymouth, Goshen, Peru and Rochester. His contracts expired in 1857, when he again opened a store and continued in mer- cantile pursuits until January, 1861, when Warsaw was visited by her first large fire.
Although Mr. Runyan's properties, stocks and entire savings were swept away, he regathered the small remnants of his accumulations and prepared to recuperate like any other brave and hardy man. He held the postmastership of Warsaw from April, 1861, to December, 1866, more than covering the Civil war period, during which he proved to be an invaluable Union citizen, albeit he was beyond the age and strength when his physical qualities could be drawn upon by his country.
LIEUTENANT JOHN N. RUNYAN
John N. Runyan, one of his sons, however, a Warsaw youth, went to the front, was a second lieutenant before he was seventeen, and commanded his company at the battle of Chattanooga. He is said to have been the youngest officer placed in such a post of responsibility during the war. He was a first lieutenant before he was eighteen, and soon after he had entered his nineteenth year, at the battle of Kenne- saw Mountain, was shot through the right leg. The knee was so shat- tered that it was thought necessary to amputate the leg. Afterward Lieutenant Runyan was admitted to the bar and later served as post- master at Warsaw.
The father died at an advanced age, his three sons and two mar- ried daughters assisting to keep green the family name in Kosciusko County and honor its founder, Uncle Peter Runyan.
KOSCIUSKO COUNTY COURT HOUSE
124
HISTORY OF KOSCIUSKO COUNTY
THE THIRD COURT HOUSE
The third court house for Kosciusko County, which was built in 1848, under the supervision of County Agent Runyan, was a two-story frame building facing Buffalo Street, on the corner of Center, and was erected at a cost of $4,200. In comparison with its predecessors, it was considered rather a fine looking structure. The county offices were subsequently housed in a substantial two-story brick building, which stood north of the court house and was completed for $4,500.
As stated, the old log jail was replaced, also in 1848, by a brick structure built under the immediate supervision of Mr. Runyan. It was located on the southwest of the square.
THE COURT HOUSE OF THE PRESENT
The court house of 1848, with necessary repairs and improvements demanded by the requirements of the passing times, served its pur- poses for more than thirty years. It was finally wrecked, to give place to the structure now occupied. The court house of today was begun about 1881 and completed in 1884 at a cost, including furnishings, of nearly $198,000. Its ground dimensions are about 100 feet by 160 and the ornamental tower is somewhat over 162 feet in height. The arehi- tects were T. J. Tolan & Sons, and Hiram Iddings was the builder. At the time of its construction the county commissioners, who gen- erally supervised the work, were W. Bybee, H. P. Kelly and J. Whet- ten. Joseph S. Baker was auditor.
A number of improvements have been made to meet modern re- quirements. The court house has been painted, concrete steps added and electric lights installed. A ladies' rest room has also been pro- vided, in line with the better ideas of public service which now pre- vail, in comparison with those of the olden times.
THE COUNTY INFIRMARY
The original county infirmary building was erected in 1874, with Bradford G. Cosgrove as architect and Charles W. Chapman as con- tractor. Complete, it cost $7,400. It was a two-story brick building, 40 by 80 feet, and capped a slight elevation near the Peru road, about a mile and a half south of Warsaw. The county farm comprised 115 acres, consisting mostly of timbered land and most of it cultivated.
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HISTORY OF KOSCIUSKO COUNTY
Oliver Dewey was the first superintendent of the County Infirmary, and five years after it was opened about thirty inmates were being cared for at the institution. They were mostly women and children.
KOSCIUSKO COUNTY BY CIVIL DIVISIONS, 1890-1910
The first complete national census to cover Kosciusko County was that of 1860, which recorded 17,418 inhabitants; that of 1870 gave 23,531. And there has been no such increase in any other decade. As that decade covered the Civil war, the fact would be hard to under- stand, were it not for the correlative circumstance that it also was the era of railroad extension in the county. It was the period of recon- struction and revival, especially after the close of the war and its dis- organizing effects. The result was to draw a large immigration to the fertile prairies and valleys of Kosciusko County.
The census figures representative of the four succeeding decades show that the population was nearly stationary, the average being slightly below that of 1890. The statistics were as follows: 1880, 26,494 ; 1890, 28,645 ; 1900, 29,109 ; 1910, 27,936. Although no decided increase in population is to be noted in that period, there was an advance in the valuation of property; the farms increased mn pro- ductiveness and value; industries were developed, and there was a general advancement all along the line. , Necessarily, each resident was, on the whole, in better circumstances in 1910 than in 1880; so that an increase in population by no means tells the whole story of substantial growth.
Civil Divisions
1910
1900
1890
Clay Township
1,246
1,320
1,366
Claypool Town
408
399
Etna Township
1,110
1,229
1,168
Etna Green Town
431
420
411
Franklin Township
1,219
1,357
1,540
Mentone Town (Franklin and Harri-
son townships)
728
757
780
Harrison Township
1,900
2,117
2,156
Jackson Township
1,177
1,328
1,435
Jefferson Township
1,237
1,371
1,159
Lake Township
1,190
1,358
1,446
Silver Lake Town
493
504
570
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HISTORY OF KOSCIUSKO COUNTY
Civil Divisions
1910
1900
1890
Monroe Township
802
887
1,009
Plain Township
1,320
1,406
1,354
Leesburg Town
401
390
345
Prairie Township
929
1,027
1,098
Scott Township
990
1,193
1,027
Seward Township
1,253
1,582
1,586
Tippecanoe Township
1,302
1,420
1,509
Turkey Creek Township
2,398
2,037
1,601
Syracuse Town
1,379
928
518
1,856
1,881
1,731
Van Buren Township Milford Town
814
905
677
Washington Township
1,817
2,130
2,210
Pierceton Town
81
886
897
Wayne Township
6,190
5,496
5,250
Warsaw City
4,430
3,987
3,574
VALUE OF FARMS
What a county is worth in property, or what can be realized from it in the way of taxes, does not wholly fix its comparative importance in the commonwealth, but it goes far toward indicating its financial standing as a political unit. The same holds true as to the various civil divisions of the county. The figures covering the value of the real estate (farm land) in the townships, compiled in the fall of 1918, are as follows :
Civil Divisions Net Value Real Est.
Civil Divisions
Net Value
Real Est.
Jackson Township $692,540
Seward Township $831,370
Monroe Township 517,240
Franklin Township 922,770
Washington Township .. 781,470
Harrison Township
938,660
Tippecanoe Township .. 695,835 Turkey Creek Township. 846,185 Van Buren Township .. 911,610
Prairie Township
701,680
Jefferson Township 705,695
Scott Township
531.950
Etna Township
422,630
Plain Township 757,635
Wayne Township 991,660
Clay Township 600,500
Lake Township
519,890
Total
$12,369,320
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HISTORY OF KOSCIUSKO COUNTY
VALUE OF TOWN AND CITY PROPERTY
The net value of the real estate in the corporations of the county was as follows :
Syracuse
$315,400
Pierceton
$ 197,330
Milford
240,415
Winona Lake
251,480
Leesburg
107,390
Sidney
33,750
Claypool
66,850
Warsaw
1,537,320
Silver Lake
90,105
Mentone
168,000
Total
$3,270,445
Etna Green
62,425
The grand total of the real estate valuation was $15,439,765.
Included in the item "value of personal and corporation prop- erty" is the assessed valuation of the steam and electric railway lines in the county, which amounts to $4,173,270, distributed as follows: Warsaw, $295,565; outside in Wayne Township, $644,165; Washing- ton, $525,855; Van Buren, $417,220; Harrison, $416,550. The tele- graph and telephone property is valued at $223,535, and that of ex- press companies at $16,775. The grand total of personal and corpora- tion property is $7,905,930.
TOTAL WEALTH OF KOSCIUSKO COUNTY
The grand total of all kinds of property in the county, of what- ever nature -- in other words, the total wealth of Kosciusko County was assessed as follows:
CIVIL DIVISIONS TOTAL WEALTH
CIVIL DIVISIONS
TOTAL WEALTH
Jackson Township $3,588,760
Scott Township $ 1,585,930
Monroe Township .... 1,489,731
Etna Township
2,307,921
Washington Township. 2,896,017
Syracuse Town
2,121,435
Tippecanoe Township .. 2,330,260
Milford Town
1,566,729
Turkey Creek Township 1,933,778 Van Buren Township .. 4,401,652
Claypool Town
711,189
Plain Township
2,592,576
Silver Lake Town
692,662
Wayne Township 4,414,416
Mentone Town
929,699
Clay Township
2,630,884
Etna Green Town 808,561
Pierceton Town 1,209,123
Seward Township
3,080,425
Winona Lake Town
1,437,092
Franklin Township 2,468,550
Sidney Town
425,110
Harrison Township 2,732,863
Warsaw City
12,383,003
Prairie Township
2,589,795
Jefferson Township . 2,866,865
Grand Total $69,353,857
Lake Township 2,260,901
Leesburg Town 897,930
128
HISTORY OF KOSCIUSKO COUNTY
FINANCES OF THE COUNTY
The county auditor's report for the year January 1, 1917, to and inclusive of January 1, 1918, indicates that Kosciusko County is in a vigorous state of health financially, as on the latter date the treasury showed a balance of more than $228,000. The total receipts were $995,745, the largest sources of revenue being these: Sale of road bonds, $274,626; local tuition tax, $81,850; regular county taxes, $51,345. In January, 1918, there was a balance in the road fund of over $163,000, the largest credits being as follows: Starner Road, $45,490; Polk Road, $35,848 ; McAlspaugh Road, $18,347; Orn Road, $15,466.
CHAPTER VIII
THE BENCH AND BAR RECORD
CIRCUIT COURT HAS STAYING QUALITIES-THE OLD EIGHTH AND NINTH CIRCUITS-PRESIDENT JUDGES AND THEIR ASSOCIATES-SAM- UEL, C. SAMPLE, FIRST PRESIDENT JUDGE-FIRST ASSOCIATE JUDGES OF THE COUNTY-EARLY CIRCUIT COURT IN ACTION-YOUNG BEAU BRUMMEL 'SQUIRES-WENT TO THE BOTTOM OF THE CASE-JURIES -APPEALS TO THE JURY-SPECIAL PLEADING, EARLY NIGHTMARE- FLICKERING TORCHLIGHT OF JUSTICE PRESIDENT JUDGES OF THE NINTH CIRCUIT-THE CIRCUIT COURTS OF TODAY-SHIFTING OF THE COUNTY IN THE CIRCUITS-JUDGES OF THE TENTH CIRCUIT-JAMES L. WORDEN-JUDGES OF THE FOURTEENTH CIRCUIT-JUDGES ELISHA V. LONG AND WALTER OLDS-FIFTY-FOURTH CIRCUIT JUDGES- JUDGE JAMES S. FRAZER-JUDGE LEMUEL L. ROYSE-JUDGE FRANCIS E. BOWSER-THE PROBATE COURT AND ITS JUDGES-THE COUNTY'S PROBATE JUDGES-THE COMMON PLEAS COURT AND JUDGES -- COURTS OF CONCILIATION-COMMON PLEAS COURT ABOLISHED COMMON PLEAS DISTRICTS-COMMON PLEAS JUDGES FOR THE COUNTY-THE PROSECUTING ATTORNEYS - DISTRICT PROSECUTING ATTORNEYS - CIRCUIT AND COUNTY PROSECUTING ATTORNEYS-THE 'SQUIRES OF THE COUNTY-DUTIES OF JUSTICES OF THE PEACE-THE JUSTICES OF TODAY-THE KOSCIUSKO COUNTY BAR-GEORGE W. FRASIER --- ANDREW G. WOOD PRACTITIONERS OF TODAY
The courts of Kosciusko County and their personnel of judges and lawyers constitute both the setting and the decorations of a stately, mellow and homely chapter in its history. As the country and its facilities in every field were poor and primitive, the actors in matters legal and judicial were called to exercise unfailing ingenuity and the most practical knowledge of human nature. The learned were largely discounted by the shrewd and the wise; it was much more necessary to know how to handle men than to manipulate books and their con- tents. It is still a mooted question with those who have had experience with both the old and the new order of things and persons, in their relation to the Bench and Bar, under which regime real justice for the average American has most flourished.
Vol. 1-9
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HISTORY OF KOSCIUSKO COUNTY
CIRCUIT COURT HAS STAYING QUALITIES
In Kosciusko County, as well as in other sections of the state which do not embrace any very large centers of population, the Circuit Court is by far the most representative of all its judicial bodies. Others have come and gone, have been tried for various purposes and found wanting, but the Circuit Court has withstood every test and is still vigorously useful. With the increase of population, and for other reasons, sometimes of a political nature, Kosciusko County has been shifted into different circuits of the state, but the main features of the court have been retained.
The second year after the county was organized, a Probate Court was established with the design of relieving the Circuit Court of some of its many functions, but, after a dozen years of legislative experi- ments, both bench and bar and law-makers relinquished the attempt in disgust. Much in the same line was the founding of the Common Pleas Court, the birth of which shortly followed the death of the Pro- bate body. The Common Pleas was more of a success, but after reach- ing man's estate (twenty-one years) was also abolished, leaving the great bulk of the legal and judicial matters of Kosciusko County to be handled by the Circuit and Justices' courts.
The sheriff of the county has been from the first the executive officer of the Circuit Court, and the constable, elected by the township, holds the same position in relation to the Justices' Court. The details of their development and present jurisdiction will be brought out with the progress of this chapter.
THE OLD EIGHTH AND NINTH CIRCUITS
The Circuit Court for Kosciusko County was, as has been noted, organized with the political and civil machinery of the new body, in 1836, and was, of course, placed under way by authority of the con- stitution of 1816. When the county was organized it was in the Eighth Circuit and was judicially attached to Elkhart County.
As a result of the formation of several new counties in 1837, a new circuit was organized. It was formed by dividing the Eighth and adding new counties both to that circuit and the new Ninth. As a result of this regrouping, the Eighth Circuit was made to consist of Cass, Miami, Wabash, Huntington, Allen, Adams, Wells, Jay, DeKalb, Steuben, Noble, LaGrange and Whitley counties.
The Ninth contained Elkhart, St. Joseph, Porter, Lake, Newton, Starke, Pulaski, Marshall, Fulton and Kosciusko counties.
131
HISTORY OF KOSCIUSKO COUNTY
In 1839 Indiana was divided into eleven circuits. Kosciusko re- mained in the ninth, from which Newton, Starke and Pulaski had been transferred to other circuits. New schedules were made in 1841 and 1843, although no new circuits were created.
PRESIDENT JUDGES AND THEIR ASSOCIATES
The General Assembly was given power to increase the number of judicial circuits with the expansion of the population. The Circuit Court consisted of a president judge and two associates, the latter being chosen for each county in the circuit. The president, or both associates, could hold court ; the latter, however, seldom took advan- tage of this provision, as they seldom had enjoyed sufficient legal training to adjudicate the simple cases which usually were brought to court. The associates, even had they so desired, were forbidden to sit on capital or chancery cases ; for the original Circuit Court had not only complete criminal jurisdiction, but could try all common law and chancery cases.
The General Assembly, on joint ballot, selected the president judges for a seven years' tenure of office, and the associate judges and justices of the peace were chosen at the general elections, the latter for five years' terms. The clerk of the Circuit Court was also elected but could not serve without a certificate from either a Supreme or Cir- cuit Court judge. The regular term of the clerk was seven years, but it usually happened that an efficient and popular clerk remained in office much longer, in not a few cases, a lifetime.
As stated in Dr. L. J. Monks' "Courts and Lawyers of Indiana": "The chief criticism that can be made on the Indiana system of 1816 is that it continued the pernicious system of Associate Judges. In most cases they were more than merely useless or meddlesome. As compared with the many superb men who rode the circuits as pres- ident judges, they were a very inferior class. Yet it is only fair to say that many excellent citizens were associated judges. The new system was simple and clear cut."
SAMUEL C. SAMPLE, FIRST PRESIDENT JUDGE
Samuel C. Sample was president judge of the Eighth and Ninth circuits, in 1836-43, and therefore served the first lawyers and liti- gants of Kosciusko County in the early sittings of the court at Lees- burg and Warsaw. Judge Sample was a native of Maryland. In 1823 he settled at Connersville, Indiana, and in 1833, soon after his
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