USA > Indiana > White County > A standard history of White County Indiana : an authentic narrative of the past, with an extended survey of modern developments in the progress of town and county, Vol. I > Part 13
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Many changes were made in the judicial systems which had jurisdic- tion in the county. The Circuit Court, with its presiding judge and two local associates, was the legislative product of the period when Indiana was passing from a territorial to a state form of government, but was incorporated in the body politic of the commonwealth by the constitution of 1816. The Probate Court came in with the county, in 1834, and in 1853
75
HISTORY OF WHITE COUNTY
its functions were transferred to the new Court of Common Pleas, which, in turn, was merged into the Circuit Court in 1873. Consequently the Circuit Court, of all the institutions identified with the administration of county affairs, is the oldest.
It was reserved for the Legislature of a comparatively late period to set the record in the creation of new offices, in the distribution of which generosity White County received its full quota. By the act approved March 4, 1899, a county council was created to consist of three (at large) members elected by all the voters of a county, and four members chosen by the commissioners' districts into which each county was to be divided preceding the election of 1900. Six hundred and forty-four new county offices were thereby created throughout the state. By an act approved during the previous month an advisory board of the county council was also authorized, comprising three members elected from each township; as White County had eleven townships, that act added thirty-three new offices to the seven created by the measure of March, 1899. Although the advisory board was created a few days before the main body came into existence, it was simply a little accident in the orderly and perhaps legal progress of constructive legislation which created no comment.
NEW JAILS ERECTED
But, despite all changes and complications, the county continued to push its campaign for better public buildings.
In June, 1854, the board gave the contract for a new jail to Michael A. Berkey and J. C. Reynolds, the work to be begun immediately, and the building to be finished by the 1st of June, 1855. The site of the struc- ture was fixed on the west end of the Courthouse Square. The contractors faithfully performed their part of the agreement, though the building was not formally accepted by the board until September, 1855. The cost was $1,640.
The new jail was not built on the original Courthouse Square, but on the tract purchased by the commissioners about 1865. The old brick courthouse was built in the center of the public square dedicated for that purpose when the town was platted by Mr. Barr, the county agent. Its dimensions were 180 feet north and south on the west side of Main Street, and 165 feet east and west on the north side of Main-Cross Street. The alley running north and south between Main and Illinois was widened to twenty-five feet, but although the western boundary of the old Courthouse Square, remained an unnamed street. A short thorough- fare on the north, now called Court Street, completed its boundaries.
COMBINED JAIL AND SHERIFF'S RESIDENCE
In 1864 the board of commissioners decided that the time had come for the construction of a new jail and sheriff's residence which should be fairly creditable to the taxpayers as well as to the public. They there- fore purchased three lots west of the original square and fronting on
Staver
Courtesy of C. L. Foster
COURTHOUSE
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HISTORY OF WHITE COUNTY
Illinois Street, vacated the narrow nameless street and extended Court Street through to Illinois, thus more than doubling the area of the public square and providing a generous site for the proposed building. The contract was finally awarded to Jacob Hanaway and Charles Breck- enridge, the price being $6,800. At that time the county was not em- barrassed to provide funds, notwithstanding the drafts made upon its treasury for soldiers' bounty, relief of soldiers' widows and orphans, and road and bridge expenses. The building was completed and accepted by the board in December, 1865, its site being lot 83, the location of the present jail and sheriff's residence. The three strong iron cells of the jail were certainly great improvements over the old arrangements.
ANOTHER AND BETTER JAIL
But in 1875 it was decided to build another and even a better jail and plans presented by Randall and Millard, of Chicago, were accepted. The contract was let to Ralph Dixon, of Logansport, Indiana, at $7,700. John Saunders was appointed to superintend the construction. The building was immediately commenced, and was carried to rapid comple- tion, and in December the finished jail was turned over to the county board, and formally accepted by them. This building is yet in use, although the second courthouse was replaced with the handsome structure now occupied, in the fall of 1895.
CORNER STONE OF PRESENT COURTHOUSE LAID
After several years of preliminaries, movements both on the part of the board of commissioners and enterprising citizens, the cornerstone of the new courthouse was finally laid, amid impressive ceremonies, on the 16th of August, 1894. Special trains unloaded visitors from Logans- port, Monon, Brookston, Rensselaer, Idaville and other towns which had for years been on terms of special intimacy with Monticello, and various organizations from these places participated in the celebration.
The music for the procession and the crowd was furnished by the Logansport band and two local bands. The ceremonies were in official charge of Libanus Lodge No. 154, F. & A. M., of Monticello, which had the post of honor in the rear. Then came the members of the other ma- sonic lodges-Orient, of Logansport; Goodland, Buck Creek, Monon, Brookston and Francesville (Indiana) lodges; St. John Commandery, No. 24, K. T., Logansport. The Masons were escorted by I. O. O. F. lodges from Monticello, Brookston, Rensselaer, Idaville and Logansport; Daughter of Rebekah, of Monticello; O. E. S., of Rensselaer; Uniformed Ranks Knights of Pythias, of Monticello, Monon and Rensselaer; Tip- pecanoe Post, No. 51, G. A. R., of Monticello, and the members of the Monticello schools.
After the crowd had assembled at the Courthouse Square to witness the ceremonies in connection with the placing of the cornerstone, Emery B. Sellers read a brief history of the county, including the effort to
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HISTORY OF WHITE COUNTY
secure a new courthouse, and named the list of articles in the box to be placed in the stone. They were as follows: The Monticello Herald of August 16, 1894; the White County Democrat of August 10, 1894; the Monticello Press, August 11, 1894; the Wolcott Enterprise, August 10, 1894; the Chalmers Ledger, August 11, 1894; the Idaville Observer, Au- gust 15, 1894; manual of Monticello Public Schools; roster of Libanus Lodge, No. 154, F. & A. M .; roster of Tippecanoe Post, No. 151, G. A. R .; copy of the charter of said post; roster of Monticello Lodge, No. 73, K. of P .; a knight's jewel; rosters of Monticello Independent Battery, Stewart Encampment, No. 159, I. O. O. F., Monticello Lodge, No. 107, I. O. O. F., Eudora Lodge, No. 201, Daughters of Rebecca, and by-laws of Monticello Chapter, No. 103, R. A. M .; constitution and by-laws of Journeymen Stone Cutters Association of North America; a history of stone cutters' strike; roster of Monticello Fire Company; photos of old courthouse while in process of demolition; zinc etchings of the first courthouse, of the second and of the new one; a Grand Army badge and boutonnier; the invitations issued by the board of commissioners, by Libanus Lodge and Tippecanoe Post; "White County in the War of the Rebellion," written by James M. McBeth; a ticket to the Columbian exposition ; one cent-a day's wages; one horseshoe, made by John II. Day ; one silver three-cent coin; copy of charter Stanley Camp Sons of Veterans ; copy of Order of Exercises of these ceremonies ; the fourth part of a dollar; a twenty-five cent "shinplaster"; a picture of John Roth- rock, born 1779, first settler of the land on which this courthouse stands ; a record of the organization of White County and of the location of the county seat; a certified copy of the deed from Robert Rothrock to John Barr, Sr., agent of White County for the land on which the original plat of Monticello is located; a copy of the first order of the board of com- missioners for the erection of this building; one cannery check issued to William Harbolt; the Chicago Herald of this date; the Chicago Inter- Ocean of this date; the Holy Bible; roster and by-laws of Brookston Lodge, No. 66, F. & A. M .; history of the Forty-sixth Regiment Indiana Volunteers; this record of these ceremonies prepared by order of Libanus Lodge, No. 154, Free and Accepted Masons.
Charles Gardner then sealed the box and the ceremony of placing it in position was performed by Frank E. Gaven, the Grand Master of Masons of the State of Indiana, and a judge of the State Appellate Court. After the laying of the cornerstone, the crowd dispersed until 2 o'clock P. M., when Lieutenant-Governor Nye delivered the address of the day.
Within a year from the date of this enthusiastic and appropriate cele- bration, the courthouse, virtually as it stands today, was ready for occu- pancy. The architects were LaBelle and French, of Marion, Indiana, and over $70,000 was put into the building, exclusive of furnishings, the entire cost being nearly $100,000. It could not be constructed for con- siderably more than that sum at the present time, as it is a massive, beautiful building of Bedford stone, two stories and a lofty basement in height, with a handsome tower in its southeast corner and ornate projec- tions on all sides. The present courthouse stands 88 by 108 feet on the
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HISTORY OF WHITE COUNTY
ground, nearer the center of the square than any of its predecessors, and its court and office conveniences, as well as heating, lighting and sanitary arrangements, are up-to-date. Among the other accommoda- tions of the times, which has become a matter of course, is its provision for a comfortable rest-room for women, girls and children; this has come to be considered in the light of consideration for the sex and as justice to the taxpayers and their families who are obliged to come from a distance, often in their own vehicles, to transact business at the county seat.
THE POOR FARM
During the early years of our history the needy poor were cared for by being placed in reliable families, the expenses of their board and clothes
WHITE COUNTY ASYLUM
being paid by the county. This varied from $39 for the year ending May 1, 1839, to $817.36 for the year ending June 1, 1856. But this system proved unsatisfactory and on March 2, 1857, the county purchased from James C. Reynolds 200 acres of land, five miles northwest of Monticello, being the southeast quarter of section 13 and the northeast quarter of the northeast quarter of section 17, both in township 27 north, range 4 west, paying therefor $3,250. On the first described tract stood a house and into this house the poor were collected and early in 1858 Uncle Charley Rider was employed and took charge as first keeper of the poorhouse. This old building, with its various additions, was always a reproach to the good people of White County and in 1875 the commis- sioners let to Harbolt & Tilton, of Monticello, a contract to erect a new frame building at a cost of $3,000, which was completed and occupied in December, 1875. But this became unsanitary and in March, 1907, the commissioners and county council met in joint session to consider a site
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HISTORY OF WHITE COUNTY
for a new county infirmary. After viewing and studying carefully both sites owned by the county and several others, it was decided to purchase of Daniel McCuaig the farm known as the old Breckenridge farm on the gravel road north of Monticello. The farm is three miles from the public square in Monticello and contains 150 acres. Eighty acres lie west of the north and south road and south of the road running west. Seventy acres lie east of the road and north of the road leading east to Norway. The Tippecanoe River forms the east boundary line. The purchase price was $16,500. The county council appropriated $31,000 for building pur- poses. The site selected for the new building is on a bluff overlooking the river, which, in addition to its picturesqueness, affords perfect drainage. Plans for the new building were furnished by the state board of charities. These were adapted to the needs of White County and the building planned by Samuel A. Young, a local architect. Work on the new build- ing was begun promptly and carried to completion under his superin- tendence. On June 16, 1908, the building was formally accepted by the county board of commissioners from the contractors. The total cost was $33,364.91. Built after many years of urging by grand juries, press and public and only after the old buildings had become almost scandalous in their unfitness, the new asylum places White County in the front rank for her humane provision for her poor. The natural advantage of drainage, afforded by the Tippecanoe River, is supplemented by the plumber's art which exemplifies throughout the building the most mod- ern ideas of sanitation. Water is supplied to all parts of the building by a Kewanee water system. There are bath and toilet rooms on both upper and lower floors. The basement is cemented throughout and well furnished with bell traps for carrying off water used in cleaning. The building is lighted by electric incandescent lamps, power for which is supplied on the premises by means of an 8-H. P. gasoline engine, the same power also operating the water system. A steam heating plant furnishes heat. The sexes are segregated. The women occupy the east wing of the building and have their own dining room. The men occupy the west wing. The superintendent and family occupy the central front. A driven well, 131 feet deep, provides water for cooking and drinking. Two 150-barrel cisterns with filters provide soft water. The water is forced to all parts of the building by compressed air which is contained in two big tanks in the basement. Ventilation is provided by means of four big stacks or chimneys in which are separate air flues for each floor and section of floor. Each room has its own ventilating shaft and all foul air is discharged out of doors.
As the building now stands, it will house forty-eight inmates and this capacity can be more than doubled at but little expense.
COUNTY'S GROWTH BY DECADES
When the preceding courthouse was completed, White County had a population of about 5,000, which, in 1895, had increased to some
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HISTORY OF WHITE COUNTY
17,000, while the expansion in the value of taxable property was even more marked, being ten-fold from 1860 to 1880. In 1860 the population was 8,258; 1870, 10,554, and 1880, 13,447. The 1880 census exhibits the townships as follows: Union, 2,213; Round Grove and White Post, 1,635 ; Jackson, 1,724; Cass and Liberty, 1,785; Monon, 1,172; Honey Creek, 902; Big Creek, 776; Prairie, 2,144; Princeton, 1,396.
DEDUCTIONS FROM THE CENSUS FIGURES
Although the figures for 1890 and 1900, respectively, indicate a fair increase in population, since the latter year there has been a readjustment of general conditions, the record for 1910 showing a decrease. Within more recent years another upward tendency has been evident; but "bet- ter times" have been manifest perhaps more in the increase in property valuation than in numbers of residents. The temptation for the younger generation to desert old and well settled districts for the newer and cheaper lands of the West is still strong and practically effective; but those who are in a condition to remain on the improved homesteads, or connected with growing industries, find no section better than White County for comfort and the satisfaction of moderate ambitions. These general remarks will be supported by the statistics contained in the following tables.
WHITE COUNTY'S POPULATION, 1890-1910
Townships and Towns
1910
1900
1890
Big Creek Township, including Chalmers town. .
1,080
1,292
955
Chalmers town
513
462
Cass Township
946
1,215
893
Honey Creek Township, including Reynolds town
1,165
1,170
1,018
Reynolds town
377
393
348
Liberty Township
1,011
1,266
1,221
Monon Township, including Monon town. Monon town
1,184
1,160
1,064
Prairie Township, including Brookston town Brookston town
2,181
2,325
1,885
907
946
447
Princetown Township, including Wolcott town. Wolcott town
873
825
246
Round Grove Township.
628
890
779
Union Township, including Monticello town. Monticello town
3,336
3,307
2,632
2,168
2,107
1,518
West Point Township.
922
960
905
Totals
17,602
19,138
15,671
1,990
1,958
Jackson Township, including Burnettsville town 1,812 Burnettsville town 489
497
479
2,363
2,441
1,960
2,158
2,282
1,465
Vol. 1- 6
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HISTORY OF WHITE COUNTY
PROPERTY VALUATION IN 1905 AND 1910
. A more conclusive proof of the betterment of property conditions during the past decade is found in the figures of the assessors for 1905, 1910 and 1915. The comparative showing for 1905 and 1910 is as follows :
Townships and Towns
1905
1910
Prairie
$ 1,586,840
$ 1,913,930
Big Creek
764,240
1,006,500
Union
957,260
1,347,610
Monon
876,930
1,184,540
Liberty
640,137
616,640
Jackson
747,430
854,370
Princeton
1,277,270
1,332,490
West Point
1,097,220
1,195,730
Cass
501,420
499,910
Honey Creek
562,280
852,950
Round Grove
709,300
826,480
Monticello
1,040,810
1,040,870
Brookston
367,080
366,650
Reynolds
109,150
153,120
Burnettsville
142,780
172,690
Monon
302,350
360,500
Wolcott
397,020
326,930
Chalmers
180,140
206,930
Totals
$12,259,757
$14,258,800
TAXABLE VALUATION IN 1914
The following table shows the valuation of real and personal property (including that of corporations), with mortgage exemptions deducted, and the net value of all properties in the county subject to taxation in 1914 :
Townships and Towns
Real Estate
Personal
Net Value
Prairie
$ 1,424,200
$ 370,050
$ 1,949,870
Big Creek
715,130
172,410
1,010,060
Union
795,340
274,580
1,272,580
Monon
813,460
318,610
1,478,390
Liberty
475,660
198,810
676,530
Jackson
571,820
283,980
936,300
Princeton
1,040,040
184,700
1,349,720
West Point
1,019,800
266,930
1,288,320
Cass
395,770
134,670
531,560
Honey Creek
502,960
146,040
955,290
Round Grove
709,390
165,240
876,300
Monticello
740,120
518,060
1,319,640
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HISTORY OF WHITE COUNTY
Townships and Towns
Real Estate
Personal
Net Value
Brookston
219,710
152,000
388,740
Reynolds
70,080
64,420
168,800
Burnettsville
81,960
85,180
185,360
Monon
233,090
172,070
440,300
Wolcott
216,030
145,020
373,810
Chalmers
114,490
165,130
299,990
Total.
$10,139,050
$3,817,900
$15,501,560
RECEIPTS AND EXPENDITURES
From the last report of the county auditor for the year ending Decem- ber 31, 1914, a few interesting facts are gleaned illustrative of the finances of the county. At the first of the year there was a balance in the treasury of $208,928.09 and the receipts from all funds amounted to $641,660.34; so that the county had total resources to draw upon of $850,588.43. The total disbursements were $761,846.04. The receipts of the year from the county fund reached $64,769.36 and the disbursements $66,022.44. Only two larger funds were shown in the budget-those designated mac- adam roads and the five-mile ditches. The former indicated a balance of $70,489, and the latter of $42,457.53. The receipts derived from the macadam roads of the county amounted to $160,428.17, and as there was a balance the first of the year of $158,398.16, the available fund reached a total of $318,826.33; the total disbursements were $257,875.05. The receipts from the five mile ditches, including the balance brought over from the previous year, amounted to $135,470.18, and the disbursements $117,185.05. The other large items related to the special school, tuition, road, turnpike and common school taxes. The grand result, or the net balance in the county treasury (after deducting the amount collected since the November settlement), proved to be $95,492.39.
CHAPTER VII
THE COUNTY IN LAW
THE COURTS BORN OF AMERICAN RULE-FIRST TERRITORIAL COURT- JUDGE PARKE REFUSES TO HOLD COURT-THE COURTS UNDER THE FIRST STATE CONSTITUTION-UNDER THE SECOND CONSTITUTION- COURTS OF COMMON PLEAS-CREATURES OF THE LEGISLATURE-PRO- BATE COURTS-COURT OF COMMON PLEAS DEFINED-THE NEW CIRCUIT COURT-FIRST CIRCUIT JUDGE-FIRST ACTIVE GRAND JURORS-PIO- NEER LAWYERS OF THE CIRCUIT-ALBERT S. WHITE-TURPIE'S SKETCHES OF JUDGE WHITE-YOUNG TURPIE HEARS FIRST STUMP SPEECH - BOYS ABASHED AT WHITE'S GREATNESS - MEETING OF ALPHA AND OMEGA-MEET IN EARLY MATURITY AND OLD AGE- TOGETHER THEY CALL ON PRESIDENT LINCOLN-THOMPSON, FIRST LOCAL LAWYER-DANIEL D. PRATT-HIS KIND HELPFULNESS TO YOUNG MEN-JUDGES AND ATTORNEYS, 1838-43-HORACE P. BIDDLE- BIDDLE VS. PRATT-CHARACTERISTICS OF DAVID TURPIE-BRIEF FACTS OF HIS LIFE-DESCRIBES HIS COMING TO MONTICELLO-AUTHOR OF THE CATTLE-LIEN LAW-GOOD SQUIRE HARBOLT-TRAITS OF EARLY JUDGES AND LAWYERS-"THE CHOCTAW LINE"-PLAYED "WHEN SCHOOL WAS OUT"-NOT DOLLAR-SLAVES-ROBERT H. MILROY- JOHN U. PETTIT-JOHN M. WALLACE-OTHER CIRCUIT JUDGES, 1855- 1915-THE "WHEREFORE" FOR SO MANY JUDGES-REYNOLDS, FIRST WHITE COUNTY JUDGE-FORGOT HE WAS JUDGE-TRUMAN F. PALMER-JAMES P. WASON-THE PROBATE JUDGES-ROBERT NEWELL -WILLIAM M. KENTON-ZEBULON SHEETZ AND AARON HICKS-COURT OF COMMON PLEAS AGAIN-SAMUEL A. HUFF-COMMON PLEAS JUDGES, 1854-73 - CAPTAIN AND JUDGE ALFRED F. REED - THE LAWYERS OF 1834-51-THE SILLS-LAWYERS OF 1856-1900-JOSEPH H. MATLOCK-ORLANDO MCCONAHY-LAWYERS IN ACTIVE PRACTICE.
Until about the middle period of the Revolutionary war, after General Clark had conquered the territory northwest of the Ohio for the patriot army, no earnest attempt was made by either France or Great Britain to establish civil or judicial administration over any part of the country west of the Alleghany mountains; and then it was too late for either mother country to do anythng in that line. In other words, neither France nor Great Britain ever attempted to establish other than a mili- tary rule over the Northwest. Under French rule the commandants of the posts decided most points at issue between the civilians and the' Indians, or which came up between the whites themselves; when the
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HISTORY OF WHITE COUNTY
cases seemed particularly involved or important, some of the most influ- ential characters of the special locality which was disturbed would be called into consultation. But few cases of lawsuits could arise, as few of the settlements in Indiana consisted of more than fifty families; they were happy-go-lucky people who did not worry about definite titles to their land so long as their neighbors did not object, and much of the land in the settlements was communal, each man usually cultivating only so much as would furnish him or his family with the necessities of life.
When the common law of England was extended over the territory, no attempt was made to establish courts, as the new owners discouraged settlement west of the mountains. They did not think it worth their efforts to even take possession of Vincennes until 1777, the only real center of civilization in the Northwest.
THE COURTS BORN OF AMERICAN RULE
But when General Clark conquered the territory for Virginia and the Americans, and John Todd was appointed lieutenant for the County of Illinois, the authority of the courts commenced to be established. His headquarters were at Fort Chartres, but he sought also to establish a court of civil and criminal jurisdiction at Vincennes, of which the com- mandant of that post, Col. J. M. P. Legras, was president. A historian of those times says that "no record of an action by this court remains, except its assumption of the right to make grants of land, and it exer- cised that authority with royal liberality, most of the grants being made to the members of the court." That was the first judicial tribunal which legally and theoretically exercised jurisdiction over what are now Indiana and White County, although fifty years were to elapse before any white men came to that section of the state to look for civil or judicial pro- tection.
Under the ordinance of 1787 Samuel H. Parsons, James M. Varnum and John C. Symes were appointed judges of the Northwest Territory, who, with Governor St. Clair, were authorized to enforce such laws of the original states as might be applicable to the new territory. It appears that the judges who held their first session at Marietta exceeded their authority and tried to incorporate some original-very original- laws, which were repudiated by the Congress of the United States. In 1795 the governor and judges met at Cincinnati and enacted a number of laws which conformed to the authority of the organic ordinance ; the validity of the laws promulgated at Marietta was questioned until 1799, when, to avoid complications, they were readopted, as a whole, by the Territorial Legislature.
FIRST TERRITORIAL COURT
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