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 14
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In this list of probate judges, the only one of any special prom-
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HISTORY OF KOSCIUSKO COUNTY
inence was William C. Graves, a sketch of whom has already appeared.
THE COMMON PLEAS COURT AND JUDGES
The Common Pleas courts, which were in operation from 1852 to 1873, inclusive, took over the probate business, as well as various civil and criminal litigation from both the Circuit and the Justices' courts; with the jurisdiction of the latter, however, there was little interference.
Exactly how the lines were drawn has been concisely explained in Doctor Monks' Courts and Lawyers of Indiana, as follows :
"When the constitutional convention of 1850 decided to abolish the Probate Court, the Common Pleas Court was planned to take over all the probate business, as well as have jurisdiction of part of the business formerly intrusted to the Circuit Court. For this reason, the Legislature, on May 14, 1852, organized a large number of Com- mon Pleas courts, dividing the state into forty-four districts for common pleas purposes. This meant that the state had more than four times as many Common Pleas courts as Circuit courts.
"The same act abolished the old Probate court, which had been in existence under the 1816 constitution, and transferred most of the business of that court to the newly created Common Pleas Court. It was given exclusive jurisdiction over all probate matters and had original jurisdiction of all that class of offenses which did not amount to a felony. One exception of this is to be noted-it did not, of course, invade the jurisdiction of the justices-of-the-peace courts, which had been given exclusive jurisdiction over certain kinds of cases. The Common Pleas Court was given jurisdiction, under definite restrictions, of certain felonies where the punishment could not be death, but in no case was the intervention of the grand jury necessary.
"In all cases except for slander, libel, breach of marriage con- tract, action on the official bond of any state or county officer, or where title to real estate was in question, the Common Pleas Court had concurrent jurisdiction with the Circuit Court, where the sum, or damages due or demanded, did not exceed $1,000, exclusive of interests and costs and concurrent jurisdiction with the justices of the peace where the amount involved did not exceed fifty dollars.
"When the court was first organized, appeals could be taken from it to the Circuit Court, but that was changed by a legislative act so that no appeal could be taken to that court. However, the
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same act provided that appeals could be taken from the Common Pleas Court to the Supreme Court of the state. From time to time the jurisdiction of the Common Pleas Court was changed, in an effort to make it a more useful and efficient adjunct of the state judiciary. The Clerk of the Circuit Court and the sheriff of the county were ex-officio officers in their respective capacities for the Common Pleas Court.
COURTS OF CONCILIATION
"The judge of the Common Pleas Court was ex-officio judge of the Court of Conciliation. A Court of Conciliation was provided for by the constitution of 1851. In pursuance with its provisions, the Legislature passed an act, on June 12, 1852, establishing such courts and authorized the judges of the Common Pleas courts to preside over them." That judicial body was abolished by legislative act of Novem- ber 30, 1865.
COMMON PLEAS COURT ABOLISHED
"The Common Pleas Court was abolished by an act of the Legis- lature approved May 6, 1873, and all the business formerly transacted by it was transferred to the Circuit Court. As early as 1867 Crim- inal courts had been established in a few counties in the state, and in 1871 the Legislature provided for Superior courts in counties of a certain population. The Legislature was of the opinion that with the creation of these new courts it was a useless expenditure of money to continue the Common Pleas Court. Accordingly, it was decided to discontinue it and create new Circuit, Superior or Criminal courts in those counties which had more business than they could handle.
COMMON PLEAS DISTRICTS
"The act of March 14, 1852, establishing the Common Pleas Court, divided the state into forty-four districts. The districts were not numbered, and remained unchanged until the act of March 1, 1859. The second act divided the state into twenty-one districts, but again did not number them. The act of March 11, 1861, numbered them, but made no change in the districts. Between 1861 and 1873, when the court was abolished, four new districts were created."
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HISTORY OF KOSCIUSKO COUNTY
COMMON PLEAS JUDGES FOR THE COUNTY
Following were the Common Pleas judges for Kosciusko County : John L. Knight, 1852-56, resigned; George E. Gordon, January- October, 1856; Joseph H. Matlock, 1856-60; Kline G. Shryock, 1860-62 ; David D. Dykeman, 1862-65; Thomas C. Whiteside, 1865-70; Daniel P. Baldwin, August-October, 1870; James H. Carpenter, 1870-73.
THE PROSECUTING ATTORNEYS
The constitution of 1816 made no provision for a permanent prosecuting attorney of either circuit or county. At first the presi- dent judges appointed a prosecutor for each term of court, and from 1824 to 1843, under legislative enactment, the General Assembly elected a prosecutor for each judicial circuit for a term of two years. Then for four years that official was elected by the people, and in January, 1847, the Legislature took a hand in the matter and decreed that a prosecutor should be elected for each county in the state with a three years' service.
To elect a prosecutor for each county proved to be too expensive a procedure, and in 1849 there was a reversion to the plan of a popular choice of a prosecutor for each judicial circuit, with the exception of the fourth and eighth, the tenure of office to be three years.
The constitution of 1851 called for the election of a prosecutor for each circuit, by vote of the people, such office to be held for two years.
DISTRICT PROSECUTING ATTORNEYS
While the Common Pleas courts were in existence, each of the dis- tricts over which they had jurisdiction was provided with a prose- cutor, known as the district prosecuting attorneys.
District prosecuting attorneys of Kosciusko County :
Joseph H. Matlock, 1852-55; resigned.
James Wallace, appointed July 14, 1855-56.
Moses F. Collins, 1856-58.
Walter Scott, 1858-59; resigned.
Elisha V. Long, 1859-60.
William DeHart, 1860; resigned.
W. W. Shuler, appointed December 22, 1860-61; resigned.
E. T. Dickey, appointed November 2, 1861-62. Vol. 1-10
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HISTORY OF KOSCIUSKO COUNTY
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, 1868-70.
Hiram G. Depuy, 1870-72.
H. B. Shively, 1872-73.
CIRCUIT AND COUNTY PROSECUTING ATTORNEYS
Keeping in mind the methods by which the prosecuting attorneys of either the circuit or the county came into office, since the organiza- tion of Kosciusko more than eighty years ago, the following list is presented, and among the names will be found those of not a few men who afterward rose to positions on the Circuit bench :
Joseph L. Jernegan-Appointed June 1, 1837; resigned August 15, 1838. Ninth Circuit.
John B. Niles-Appointed August 15, 1838-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-September 19, 1843-September 19, 1845.
Johnson Horrell-Appointed September 19, 1845, but as he failed to comply with the law and file his bond and oath of office with the secretary of state, his commission was returned April 29, 1846; Farnsworth remaining in office.
James Bradley-Appointed April 13, 1846 (vice Farnsworth, who had moved from the state) ; served to August 25, 1846.
Joseph H. Mather-Appointed August 25, 1846-August 25, 1848. James S. Frazer-August 28, 1851-October 12, 1852.
John M. Connell-October 12, 1852-January 27, 1853. Tenth Circuit.
Joseph Breckenridge-Appointed January 27, 1853; declined to accept office.
James L. Worden-Appointed February 17, 1853; resigned Feb- ruary 1, 1854.
E. R. Wilson-Appointed February 1, 1854; resigned August 20, 1856.
Sandford J. Stoughton-August 20, 1856-December 6, 1858.
James M. Defrees-December 6, 1858; died in May, 1859.
John Colerick-May 10, 1859-October 26, 1860.
Augustus A. Chapin-October 26, 1860-November 3, 1862.
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James H. Schell-November 3, 1862-November 3, 1866. Thomas W. Wilson-November 3, 1866-February 20, 1867. Act of later date placed Kosciusko County in Fourteenth Circuit. James H. Carpenter-March 7, 1867-October 30, 1867. Ezra D. Hartman-October 30, 1867-October 24, 1870. James McGrew-October 24, 1870-May 20, 1872.
Leigh H. Haymond-May 20, 1872-March 6, 1873.
The act of March 6, 1873, transferred Kosciusko County from the Fourteenth to the Thirty-third Circuit.
Thomas I. Wood-March 6, 1873-October 26, 1874; act of March 6, 1873, transferred Wood from the Ninth to the Thirty-third Circuit. Perry O. Jones-October 26, 1874-March 9, 1875. Transferred to Forty-first Circuit.
James A. Campbell-March 9, 1875-October 25, 1876. Lemuel W. Royse-October 24, 1876-October 24, 1878. Michael Sickafoose-November 17, 1882-November 17, 1884. James W. Cook-November 17, 1884-November 17, 1888. George M. Ray-November 17, 1888-November 17, 1890. The act of March 1, 1889, placed Kosciusko in the Fifty-fourth Circuit, where it remains ; also transferred Ray to the same circuit.
William H. Eiler-November 17, 1890-November 17, 1894. L. B. McKinley-November 17, 1894-November 17, 1896. Melvin H. Summy-November 17, 1896-January 1, 1901. Henry W. Graham-January 1. 1901-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 Anglin-January 1, 1913-January 1, 1915. Homer Longfellow-January 1, 1915- (Present incumbent.)
THE 'SQUIRES OF THE COUNTY
In common with the other counties of limited population in the state, Kosciusko is indebted to the justices of the peace, in almost equal measure with the Circuit judges, for a fair and democratic administration of justice. The small matters intimately affecting the individual and the family; quarrels and complications, which mean so much to the average person and citizen, have been brought before the 'Squire, and it is the exception wherein the angry or perplexed has not met with sympathy and good advice. Many more affairs would go awry than do at present were it not for the wise and homely administrations of the justices of the peace in Kosciusko County.
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HISTORY OF KOSCIUSKO COUNTY
DUTIES OF JUSTICES OF THE PEACE
The office of justice of the peace was recognized by the consti- tution of 1816. Specifically, by act of January 28, 1818, he was granted jurisdiction coextensive with the county in criminal cases. At his bar anyone could prefer a charge and have the one accused arrested and arraigned. If necessary, the justice might then com- mit, discharge, or allow the prisoner his freedom on bail.
"If the person arrested was charged with 'riot, rout, affray, unlawful assembly, or breach of the peace,' it became the duty of the justice, within thirty days, to have a jury of twelve qualified electors impaneled by the constable or sheriff and proceed to trial. The highest punishment he could inflict was a fine of twenty dollars and costs. In default of payment the condemned could be taken to jail. If, during the trial, the justice felt that he could not administer suffi- cient punishment, he could stop the trial and bind the prisoner over to the Circuit Court. It was not necessary that the county prose- cutor attend these trials.
"In civil cases the power of the justice extended only through- out his own township and to suits involving not beyond fifty dollars. The justice was required to keep a docket and furnish copies of the record. Considerable latitude was given the parties to a suit. They could by agreement try their cause before the justice himself, or have him call a jury; or, by agreement, they could select three arbi- trators, who should hear and determine the suit. In this latter case, the award could not be vacated by the higher court except for fraud. In all other cases an appeal would lie to the Circuit Court, provided the appeal was prosecuted within thirty days.
"The justices were not permitted to try other than trivial suits affecting real estate. If there was no constable convenient to carry out his orders, the justices had power to appoint one. By a law of the next Assembly the justice was placed under $1,000 bond and compelled, when leaving the township, to deposit his docket with another justice of the township.
"The same law also gave the justices' courts exclusive jurisdic- tion over suits involving five dollars or less. This was amended by the act of January, 1827, by which justices might try cases in debt or assumpsit involving as much as $100. In the revision of 1831 jus- tices were given power to try replevin suits where the value of the article did not exceed twenty dollars. If the plaintiff demanded a jury and failed to recover at least twenty dollars he was compelled to pay the, jury fees. The justices' code of 1831 contains eighty-nine
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sections and twenty-four blanks for different writs and forms used in his court. This indicates that these courts were coming to be widely used.
"The law of February 3, 1832, gave the justice wider jurisdiction at the expense of the Probate Court. Executors, guardians and administrators were permitted to sue in the justices' court, if they could bring a similar suit in their own right. The limitations to jurisdiction with reference to trover and conversion were removed. In suits on account it was made imperative that the plaintiff include all his accounts in one suit. If there was evidence that the defendant was making away with his goods an execution could be issued on Sunday.
"In 1833 the justice was given permission to use a jury of six men in small civil cases. The parties were given the right to chal- lenge the same as in the Circuit Court. Two new misdemeanors were added to the criminal code this year, over both of which the justice had exclusive jurisdiction. One was that of horse-racing on the pub- lic highway, and the other was shooting 'on, along or across' the same."
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"In the revision of 1838 the law governing justices' courts is expressed in 105 sections, with twenty-four forms of writs prescribed. A comparison of this with the early revisions shows a gradual widen- ing of the powers of the court, which may be taken to indicate its growing popularity in the counties. In the revision of 1843 the chapter on Courts and Justices of the Peace has grown into a code of 346 sections, besides the forms. It would be too tedious to trace the development further, especially through the wearisome years of spe- cial legislation. The justices' court suffered at this time much as the other institutions of the state. Amendments were made to apply to a few or a single county. Not only a few of these special laws were enacted, but scores of them during the period from 1840 to 1850.
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"The Justices' Court was one of considerable importance in our early history. Relatively, it occupied a more important position in the community than at present. Aside from his strictly judicial duties, the justice was a man of great social prominence and useful- ness. In a community composed in large measure of Southern people, the traditional English reverence for the country squire remained strong.
"First-class practicing lawyers were so scarce that much of the
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duty now devolving on them was drawn up by the justice. He wrote out contracts, wills, deeds, mortgages and all kinds of notices- legal and otherwise-as well as counseled his neighbors on the prob- able effect of their intended actions. While a great many stories have been told at his expense, and though doubtless many a court held by him was ridiculous in the eyes of the lawyers, still he was a worthy officer."
THE JUSTICES OF TODAY
"The constitution of 1850 provides for justices of the peace, by directing that a sufficient number be elected in each township of the several counties. The constitution also gives them a four-year term, but leaves their powers and duties to be prescribed by the General Assembly. That body has fixed the number at not more than two for each township, one for each town and one for each city. In a county having a city of 100,000 there are to be not more than five. With these limitations the regulation of the number is turned over to the Board of County Commissioners.
"Each justice has an executive officer, called a constable, who, like the justice, is elected on a township ticket. The justice must keep his own docket and furnish his own office. All remuneration in these courts is in the form of fees. In a criminal case, if the accused be acquitted, neither the justice nor the jurors receive any fee; if convicted, the prisoner pays the justice and constable and jury if one is called.
"In civil cases a justice is limited in his jurisdiction to his own township; in a criminal case, his power is coextensive with the county. Rules of evidence are supposed to be the same as in the Circuit Court. In general, his criminal jurisdiction is confined to inisde- meanors, and his civil jurisdiction to recoveries of money judgments for $100 or less, except in cases of confession of judgment, when it extends to $300. Practically, all his jurisdiction is concurrent."
THE KOSCIUSKO COUNTY BAR
The bar of Kosciusko County has always averaged high, in com- parison with other sections of the state which did not develop any large centers of population, with corresponding interests of magni- tude, and complications which, in the modern order, bring in their wake legal adjustments and readjustments. The smaller communi-
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ties also have the good fortune to avoid much of the physical and civil crime which disturbs larger and more congested districts and which attracts the legal talents to these fields of professional work. But, as stated, in view of its comparative standing among the coun- ties in Indiana, Kosciusko has reason to be proud of the judges and lawyers who have come, gone and still remain in the county. Some of the ablest of them devoted themselves solely to practice, and did not even prefer the more dignified positions which attach to the judge- ships. In that class were George W. Frasier and Andrew G. Wood.
GEORGE W. FRASIER
George W. Frasier was one of the earlier practitioners whose untimely death prevented him from realizing the ambitions which his abilities might reasonably have led him to expect. When a boy he moved with the family from New York to Ohio, and thence to South Bend. Soon after his marriage in 1847 he commenced the study of law in the office of Judge Stanfield of that city; was admitted to the bar in 1850, and, after practicing for two years in LaGrange County, located at Warsaw. There he resided, labored and succeeded both in his profession as a lawyer, as well as in his capacity of faithful citizen and public servant. The period of his activities at Warsaw extended from the time of his coming, in December, 1852, until his death on April 2, 1872, in his forty-eighth year.
Notwithstanding his delicate constitution and the ravages of the disease which caused his death, Mr. Frasier was always active and forceful, and had it not been for his generous disposition, which often led him to prefer the advancement of his friends to his own progress, he might have been awarded more public honor than came to him. But his reward was of the high order which few are willing, not to say eager, to receive. In October, 1860, he was elected to the lower house of the Legislature, as a representative of Kosciusko and Wabash counties, and, as ever, he acquitted himself with ability and honor.
One of his friends, Col. J. B. Dodge, thus writes of him: "Dur- ing the last years of his life he traveled quite extensively, vainly seeking relief from the disease which was sapping his vitality, going to California in 1871. After a long stay, he returned to die. His unflinching determination and indomitable energy were illustrated in his last professional effort, it being an argument to the court delivered while he was reclining on a lonnge brought into the room for that purpose. He had an inexhaustible fund of humor and ready
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wit, and even now expressions are in use by the older members of the bar of this county that recall sadly pleasant recollections of him."
ANDREW G. WOOD
Andrew G. Wood was one of the old-time substantial lawyers and citizens of Warsaw. He was an Ohio man and was admitted to the bar of that state in 1860, three years before he became a resident of Lawrenceburg, Indiana. In 1863 he enlisted from that place and served as a Union soldier until his discharge in September, 1865, when he located in Warsaw. There he not only attained a high standing at the bar, but served as councilman and mayor, and took a leading part for many years in the development of the agricultural resources of the county. For more than forty years he acted as a trustee of the Winona Agricultural Society. Mr. Wood was in partnership with Francis E. Bowser, present Circuit judge, for about twenty-three years, but in 1913 associated himself with Merle L. Gochenour.
PRACTITIONERS OF TODAY
Besides a few veterans of the bar who have been mentioned as still active practitioners, there is a larger class of men of middle age and even comparatively young in years, who are finely maintain- ing the high standard of practice set by the pioneers of the pro- fession who gained substantial prominence.
The Brubakers, father and son, have long been prominent at the Kosciusko County bar. John H., the former, practiced for many years, and in 1901, the son, Walter, was admitted to the bar, and became associated with his father under the firm name of J. H. Brubaker & Son. Since 1912 Walter Brubaker has served as city attorney of Warsaw.
CHAPTER IX
EDUCATIONAL DEVELOPMENT
DAYS OF INDIVIDUALITY AND CONFUSION-STATE TREASURER AS SUPERINTENDENT OF SCHOOLS-STATE BOARD OF EDUCATION- TOWNSHIP LIBRARIES ESTABLISHED-EARLY WORK OF SUPERIN- TENDENT AND HIS DEPARTMENT-STATE BOARD OF EDUCATION MORE PROFESSIONAL THE RECONSTRUCTION OF 1865-THE COUNTY EXAMINERS BROUGHT UNDER CONTROL-COMMISSIONED HIGH SCHOOLS ESTABLISHED-MAKING TEXT BOOKS FAIRLY UNIFORM- COUNTY BOARD OF EDUCATION CREATED-STATE BOARD IN CON- TROL OF TEXT BOOKS-COUNTY SUPERINTENDENTS ADDED TO THE BOARD-COMPULSORY EDUCATION AND ITS LOCAL ENFORCEMENT- THE BETTERMENT OF RURAL SCHOOLS-REGULATING EFFICIENCY AND PAY OF TEACHERS - TEACHING OF AGRICULTURE, MANUAL TRAINING AND HOME ECONOMICS-EDUCATIONAL SYSTEM NOW IN FORCE-OBJECT LESSON IN THIS CHAPTER-STRICTLY LOCAL- SUPERINTENDENT SARBER'S SKETCH OF COUNTY SCHOOL SYSTEM- EARLIEST SUBSCRIPTION SCHOOLS-"FRAMES" AND "BRICKS"- RURAL CONSOLIDATED SCHOOLS-HIGH SCHOOLS OF COUNTY-FIRST SCHOOLS IN NORTHERN TOWNSHIPS-TIPPECANOE AND HARRISON, TOO-JEFFERSON TOWNSHIP-WASHINGTON AND CLAY-SEWARD AND FRANKLIN TOWNSHIPS-PRESENT STATUS OF COUNTY SCHOOLS -PASSING OF THE "GOOD" OLD DAYS
The relation of the county's system of public instruction to the broad plan covering the entire state, and applicable to every age and condition, as well as ambition of life, should be made clear, in order to get the most good out of this history. A statement of mere unre- lated facts, as to attendance, number of schools and teachers, value of school property and the like, would be of comparatively little value or interest.
DAYS OF INDIVIDUALITY AND CONFUSION
Kosciusko County, like every other growing section of the state, passed through many years of experiments and struggles in order to provide the younger generations with the education best suited to
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SOME KOSCIUSKO COUNTY SCHOOLS
High School, Pierceton Silverlake School, Silverlake
Public School, Milford Public School, Syracuse Public School, Mentone High School, Warsaw
Public School, Leesburg
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HISTORY OF KOSCIUSKO COUNTY
their changing requirements, and at the same time measured and often badly cramped by the poverty of a new country and its resi- dents of very limited means. Scattered localities did what they could to hire teachers; provide accommodations for their classes in log dwellings, barns, mills, blacksmith shops, churches, and otherwise express their practical appreciation of the value of education. Some- times there were township trustees to engineer these otherwise unre- lated attempts, but more often they were the results of private house- holders with children. "This extreme local freedom," says an old teacher, "resulted in diversity of text books, varying lengths of school terms, absence of supervision, lack of local organization, waste- ful expenditures of school money, local difficulties over boundary lines and sites of buildings, and the employment of incompetent teach- ers through frequent changes and poor personal selection."
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