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 15
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MEET IN EARLY MATURITY AND OLD AGE
When Mr. Turpie went to Washington, in the winter of 1863, to serve out the unexpired term of Jesse D. Bright as United States senator, he again met Mr. White, who was serving his second term in the house of representatives; "nor did I meet any one in Washington," he says, "with more pleasure than my friend Albert S. White. He had previously served in the House and the Senate as a Whig; now, in his old age, he had been elected to the House as a Republican. But these political changes had not affected in any way the goodly and gracious personality of the man.
TOGETHER THEY CALL ON PRESIDENT LINCOLN
"We had lived in the same section of our state and, though the tide of events had separated us, yet we had at home many personal friends
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and acquaintances common to both. One of them had taken office at the beginning of the new administration and in the course of his service had fallen into some embarrassment that required executive action for his relief. We called upon Mr. Lincoln together concerning this affair. The president informed us that the papers in the case had reached his desk, that he had not overlooked them, neither had he as yet looked them over very closely. Mr. White made a full statement of the facts; I followed with some remarks about the law of the case. Mr. White resumed, speaking of his long acquaintance with the man, his honesty and good faith; among other things, of an instance in which a large sum of money had come into his hands for which he was not bound by any note or bond, yet he had fully accounted for it, principal and interest, without suit. Mr. Lincoln, as I noticed, paid very close atten- tion to this, shifted his legs upon his knees (a bodily habit of his) and seemed to be much moved by parts of his recital. When Mr. White had finished, the president said: 'Gentlemen, I shall carry this case, as we say in Illinois, over to the chancery side. We all know what statutes are made for-it is to see that the right thing is done; it is my duty to take care that no innocent man is wronged by them; by that rule I shall be guided.' We went away feeling hopeful as to our mission and were not disappointed in the result.
"Mr. White did not desire to be a candidate for re-election to the House. At the expiration of his term he was appointed by the president and confirmed by the Senate as a member of an Indian commission. Talking of this some time afterward, Mr. Lane (Henry S. Lane, Mr. Turpie's colleague in the Senate) said to me that he supposed it would be the last we should hear of our old friend. It happened that in a few months a vacancy occurred in the United States District Judgeship for the district of Indiana, and he was immediately nominated and con- firmed for that office, but died a short time thereafter. All Mr. White's preferments were due to the personal favor of the president. Mr. Lincoln was not at all careless; he was very cautious in the bestowal of his friendship and confidence, but when they were once given they were given wholly, without reserve. It may be said there might have been an unworthy recipient; he never chose an unworthy recipient when he acted upon his own personal judgment and observation.
"I have since deeply regretted that Mr. White did not live some years to preside in the federal courts of our state. He would have brought to the duties of the bench great store of legal learning and acumen, the most patient diligence in all his work, accompanied by an inborn courtesy, an urbane suavity of manner which much becomes those who sit in these high tribunals."
THOMPSON, FIRST LOCAL LAWYER-
In April, 1838, the year after Albert S. White became a member of the White County Bar, Thomas M. Thompson and Nathaniel Niles were admitted, and in December of the same year Joseph A. Wright, after-
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ward governor of Indiana, Hiram Allen and Nathan Darnell were licensed. In the name Thomas M. Thompson we at last recognize a resident of White County. His full name was Thomas Mckean Thomp- son and his father, after whom he was named, was a nephew of Thomas Mckean, formerly a governor of Pennsylvania and one of the signers of the Declaration of Independence. In 1817 the family moved from Steubenville, Ohio, where the son had been born seven years previously, and located in Branville, that state, where the future lawyer reached manhood. After receiving a collegiate training at Kenyon College and Miami University, he pursued his legal studies in the office of Colonel Marthiat, of Newark, Ohio, and soon after his admission to the bar in 1834 began practice at Indianapolis. About four years afterward he settled at Monticello, as its first local attorney, engaging in other occu- pations to tide over the small years.
Soon after his admission to practice before the White County courts he became deputy county clerk, recorder and auditor under William Sill, and when his superior died in January, 1846, was appointed to the head of the consolidated offices, continuing to discharge their duties until the succeeding general election of August. The constitution of 1851 sep- arated these offices, and in August, 1852, he was elected auditor for a term of four years. Mr. Thompson was a whig and, naturally, a repub- lican at the organization of the party. He appears to have been an industrious, reputable lawyer and official, never attaining prominence in either capacity; but, what is more to his credit, he has left a name which is bright in kindly ways and liberal deeds, and his death in August, 1881, was sincerely mourned. He married Mary Ann Sheetz, member of another stanch pioneer family, and both were buried in the old Sheetz burial ground a short distance above Monticello, on the east bank of the Tippecanoe. The wife preceded the husband many years. They were the parents of seven children and in their descendants are there- fore personified much that stands for the early bench and bar of White County ; that fact will be more evident when it is considered that Zebulon Sheetz, the founder of the family, was one of the pioneer probate judges who held sway before their functions were absorbed by the Court of Common Pleas.
DANIEL D. PRATT
At the November term of the Circuit Court, in 1839, the members of the White County Bar-that is, those allowed to practice in its courts- were increased by the admission of Daniel D. Pratt and Daniel Mace, and in April, 1840, H. J. Harris and John L. Scott were entered on the roll of attorneys.
Mr. Pratt earned a fine standing at the bar and as a public man. During the forty years of his most pronounced successes he resided in Logansport, although he quite frequently appeared in the courts of White County, and was everywhere recognized as one of the most elo- quent, adroit and successful pleaders before a jury. As he was also Vol. 1- ₸
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very careful in the preparations of his cases and based his eloquence upon the facts, his standing as a lawyer was very substantial, resting as it did upon practical results, suits actually won.
HIS KIND HELPFULNESS TO YOUNG MEN
Mr. Pratt studied law in Indianapolis during his younger years, and located at Logansport in 1836. He served one term in the State Leg- islature, was in the United States Senate from 1869 to 1875, and died in his adopted city, and which had adopted him as perhaps her fore- most citizen, in June, 1877. The veteran and beloved lawyer became the preceptor of many young men who were ambitious to succeed in the profession, and who, in after years, freely acknowledged their indebt- edness to his generous and fatherly instruction. Among the number was David Turpie, who speaks of him thus, and by his words closely connects the personality of Mr. Pratt with the young lawyer who was first to give the bar of White County a high standing abroad: "A few days after the close of my first school I went to Logansport, taking with me several letters of commendation addressed to Mr. Daniel D. Pratt, an eminent attorney of that city, in whose office I was desirous of pur- suing my law studies. Mr. Pratt read the letters and received me very kindly, said I was quite welcome to a place as student in the office, and that he would take pleasure in directing the course of my reading. Mr. Pratt was then, as a member of the bar, in the meridian of his fame. He had, and deserved, the highest professional reputation and in fullest measure the confidence of the people. It was a privilege to make my studies under the guidance of such a preceptor. This gentleman was considerate in his treatment of young men and conscientious in the discharge of his duty toward them. Unless actually engaged in court, he spent some hours every Saturday with his students, questioned them closely on the subject upon which they were reading, answered himself questions upon the same, and sometimes advised that a particular section or chapter should be read over, saying, by way of encouragement, that he had, when a student, taken the same course. He accepted no com- pensation for his services; the work which a student did in the office was perhaps of some assistance to him, but more to the student."
JUDGES AND ATTORNEYS, 1838-43
At the December term of the Circuit Court in 1838 Isaac Naylor succeeded John R. Porter as its presiding judge, and in April, 1842, John W. Wright became the third incumbent. James Barnes continued as an associate, while Thomas Wilson was replaced by Thomas McCor- mick; they were the last of the associate judges of the Circuit Court. At the October term of that year Godlove S. Orth, afterward a con- gressman, William S. Palmer and John Hanna were admitted to the bar, and in October, 1843, Samuel A. Huff, subsequently judge of the Court of Common Pleas, and Robert Jones were added to the list.
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HORACE P. BIDDLE
At the April term, 1847, Horace P. Biddle ascended the circuit bench as the successor of John W. Wright. Judge Wright was known as "ready," although not profound, in his decisions. After he left the bench he was mayor of Logansport, became influential in railroad mat- ters, and spent the last years of his life at Washington, District of Columbia.
If ever there was an able, versatile and eccentric character on the bench of the old Circuit Court it was Judge Biddle. He was a little, fiery man, but although he had not a few personal encounters when he was an advocate at the Logansport Bar, as a judge he seemed to retain a calm equipoise and made a fine record both as a member of the con- stitutional convention of 1851 and as an occupant of the Circuit and State Supreme courts.
BIDDLE VS. PRATT
Daniel D. Pratt was as large physically as Horace P. Biddle was small, and at the Logansport Bar they were sometimes pitted against each other with exciting clashes. Upon on occasion, while they were fighting out a case before Judge John U. Pettit not long after Biddle's term had expired as circuit judge, Mr. Pratt turned fiercely upon his diminutive but sturdy antagonist and shouted, "Why, I could swallow you!"
Biddle returned like a flash, "If you did, you would have more law in your belly than you ever had in your head."
On another occasion Biddle was incensed at Pratt's abuse and next day carried a sword into court with him. Pratt again referred to Biddle in very uncomplimentary language and Biddle slapped him in the face with the flat of his sword. The two men clinched, but Pratt's powerful form soon stood over the frail Biddle, when the latter was about to unsheath his sword and thrust it into Pratt's ponderous abdomen, but the sheriff separated the combatants. Judge Pettit fined Biddle $1,000 for contempt of court, but the fine was never collected. As stated, Judge Biddle was one of the most influential members of the second constitutional convention, served for many years as judge of the higher courts, became widely known for his strong and polished pen, and died in 1900 at his home in Logansport.
CHARACTERISTICS OF DAVID TURPIE
In 1849, or about midway in Judge Biddle's term, the local bar, heretofore represented by Mr. Thompson, was re-enforced by a young man of twenty-one, who was to make history for himself, the county and the state-David Turpie, lawyer, judge, statesman, classical scholar and literatteur, and in many respects the most remarkable character with which this history deals. The activities of his broad career and the charms of his large and strong personality (notwithstanding its weak-
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nesses) embrace, as their fields, Monticello, Logansport and the capitals of both the State of Indiana and the United States of America. He was a brilliant lawyer, lacking somewhat the patience to be a profound judge; a constructive statesman ; a cultured companion who did not need the printed page either to expound the gospels or present the beauties of the classics; a writer of the Goldsmith and Irving grace of diction, and a friend and citizen who, on the whole, inspired both by spirit and action. As a test of his standing in authorship, when applied to home and domestic history, the best critics place his "Sketches of My Own Times" in a class by itself; in other words, pronounce it an Indiana classic.
Like other men of genius, Mr. Turpie was so wrapped in his own thoughts that self-consciousness was quite foreign to his nature, with the result-which is also not unusual-that his most intimate friends were never sure of what treatment to expect from him; whether the geniality of unaffected comradeship or a complete ignoring of bodily presence. While such breaches of the common standards of courtesy seemed to the careless observer as little more than freaks of an unbal- anced nature, those who were capable of appreciating Senator Turpie knew that his nature was so absorbed that he had no thoughts for appear- ances. But such peculiarities brought him many enemies and unfitted him to be a successful politician, although his great force of character carried him repeatedly into public office, despite what in one of less strength would have been insurmountable obstacles to advancement.
BRIEF FACTS OF HIS LIFE
David Turpie was an Ohio man, born in Hamilton County, July 8, 1829. He graduated from Kenyon College in 1848; studied law with Hon. Daniel D. Pratt, of Logansport, who twenty years afterward com- menced service in the United States senate, and soon after being admitted to the bar in that place moved to Monticello for the practice of his pro- fession. In 1868 he returned to Logansport, where he continued actively engaged in the law until 1872, after which Indianapolis was his home. His death occurred in the capital city April 21, 1909, when he had nearly reached his eightieth year.
Mr. Turpie's public career included a seat in the lower house of the State Legislature as a stalwart democrat, from 1853 to 1858; a term as judge of the Court of Common Pleas in 1854; the completion of the unexpired term of Jesse D. Bright as United States senator from Janu- ary to March, 1863; representative in the State Assembly again, in 1874-75, during which he served as speaker; a leading participation in the revision of the state laws, as one of the three members constituting the board of commissioners appointed for that purpose whose labors cov- ered 1878-81; able professional service as United States district attor- ney in 1886-87; delegate at large to the democratic national convention of 1888 and, as a deserved conclusion, dignified, useful and brilliant
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performance of the duties attaching to the United States senatorship, from 1887 to 1899.
Mr. Turpie served as United States senator until the expiration of his second term, March 3, 1899, and made a fine record as chairman of the Committee on Census and member of the Foreign Relations Com- mittee. He was long recognized by his fellow senators as a rich source of information and a valued counselor in the general deliberations of the upper house. Quotations, facts, literary and practical information of all kinds were promptly available as the result of a personal inter- view; so that when in doubt about any knotty point or authority, the instinctive advice would be given-"Ask Turpie."
DESCRIBES HIS COMING TO MONTICELLO
Senator Turpie died at his home in Indianapolis, the later years of his life being largely devoted to the preparation of his "Sketches," or reminiscences, published in 1903. He himself tells of his advent into the community which he was so long to honor. "Having completed my third term as schoolmaster," he says, "I went to Logansport a few days afterward, made a review of my law reading and applied for admission to the bar. The examination lasted three hours. The report thereof being favorable, my name was entered upon the roll of attorneys and a certificate of admission was given me which bears date April 14, 1849. I was yet in my twenty-second year. Before this some conference had occurred between Mr. Pratt and myself concerning a suitable location to commence the practice. He had told me of a large county lying directly west of the one in which he resided, where there was no resident attorney. It was, as he stated, a county of rich land and, although very sparsely settled, would become at no distant day wealthy and popu- lous ; he thought it was an eligible place for a beginner. Soon after my admission, I took a livery conveyance and was driven to the capital of White County. On the day after my arrival, an entire stranger, I called upon and delivered to three gentlemen residing there my letters of introduction, thus commencing an acquaintance not yet ended and a residence of many years."
AUTHOR OF THE CATTLE-LIEN LAW
When Mr. Turpie commenced his practice at Monticello, and for sev- eral years thereafter, the farmers of White County and neighboring country were in the habit of grazing cattle driven in from Eastern Indi- ana, Ohio and Western Pennsylvania, for that purpose. Disputes often arose between the herders, or agistors, and the eastern owners as to the charges due for such pasturage and services; as the country where the herds were grazed was mostly free range, such charges were really more for herding than for feed. One of these prairie herdsmen having had, at the close of the season, a dispute with the owners of certain cattle about the amount of his bill, which they refused to pay, impounded the
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whole herd, declined to deliver it and forcibly prevented the sheriff from serving a writ of replevin, which they had issued to recover possession.
At this juncture mutual friends of the parties intervened, the herder's bill was settled and paid upon compromise and the cattle were delivered to their owners. Some months after this, however, the grand jury returned an indictment against the herder and a number of his tenants and friends who had aided him in resisting the process of the sheriff. They applied to Mr. Turpie to assume their defense, who advised them to plead guilty, as they had no remedy under the existing laws; but they insisted and the case went against them, the judge instructing the jury that the herders had no lien upon the cattle at common law and were therefore trespassers. The defendants were therefore all con- victed and fined. But in the spring of 1852 a number of farmers in the herding business urged that Mr. Turpie become a candidate for the Leg- islature upon the platform of a new cattle-lien law. This he did and. despite opposition from Mr. Pratt and other prominent men, the measure was passed and incorporated into the state statutes. No one service which he accomplished during his career in the Legislature was more generally appreciated by the farming element than that mentioned, which is credited to the General Assembly of 1853.
GOOD SQUIRE HARBOLT
One of the first justices of the peace appointed to serve White County was Jonathan Harbolt, of Monticello, and no one served longer or more conscientiously in that office. The "Sketches" thus picture him: "The principal character in our village was the Squire. Of course the county officers lived there, but they were not so well known, nor nearly so often spoken of as the old Squire. He had been a justice of the peace for a long time-in his case, it proved to be a life office. He was a man of fifty years, a native of Culpeper County, Virginia, who had crossed the mountains on horseback when a youth just out of his apprenticeship, and after traveling through the West for some time settled down in our village. By trade he was a joiner and cabinet- maker, and his office and court were held in the carpenter-shop, a roomy apartment, where I often appeared for parties litigant. His books and papers were kept neatly in place, the docket entries were clear and legible, especially the signature; indeed, the Squire may have been a little vain of his handwriting-it was the only vanity he cherished.
"The margin of the docket page was reserved for costs; here, as the case proceeded, his fees were entered with precision to the cent or half-cent; but if he was strict in taxation he was liberal in collection ; he would at any time throw off half his costs-all his costs-if he could only induce the parties to settle without further action. Great stress was laid upon the last word of his official title ; peace, he said, was better than pennies; peace was better than to gain a lawsuit or to lose it; it was his duty to make peace, as well as to keep it. In religion he was
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a Presbyterian of the old school, a resolute stickler for the Five Points of Calvin, though no proselyter; but when attacked, if he did not con- vince his assailant, he often reduced him to silence by a battery of well- chosen texts, aided by his imperturbable good humor and his unfeigned sincerity. If there were in his creed any lack of charity, it abounded in his life and conversation. Whenever he entered a final judgment for principal, interest and costs, he closed it with the formula: 'And the defendant in mercy,' the form used at that time in such cases in the Circuit Court. I have frequently heard him repeating this clause over and over after he had written it, the words seeming to charm his ear. He observed closely; knew more of men than he said or than they thought, and, although he was willing to overlook the follies of mankind and much commiserated their sins and shortcomings, yet he treated offenses against the statute in such case made and provided, with some- what more of rigor .- His probity has passed into a proverb : 'As honest as the old Squire.' In his prolonged service he had become well versed in the law of his jurisdiction, and was so thoroughly impartial in judg- ment that appeals from his court were seldom taken. In politics the Squire was always a Democrat, and as such he was elected by the people of a district composed of three counties, a delegate to the constitutional convention of 1851. He went to Indianapolis, served through the ses- sion of that body, was held in the highest esteem by his distinguished members, and when he returned from the capital resumed the duties of a magistrate, which he continued to discharge until his death.
"The praises justly due to the excellencies of such a character may in some degree be reflected upon the people and the constituency which he served, who, if they did not all possess these qualities, yet appre- ciated them, and upon this consideration honored their fellow towns- man with a lifelong trust and confidence." Good Squire Harbolt passed to his future reward on the 12th of August, 1872, in his sixty-seventh year and no one has ever died in Monticello who carried to the unknown more kindly thoughts and remembrances.
TRAITS OF EARLY JUDGES AND LAWYERS
No writer has drawn with clearer or more graceful outlines the relations of the pioneer bench and bar than Mr. Turpie, if any excuse were needed to reproduce those pictures of the times in which his young manhood was cast: "The members of the bar fifty years ago were a convivial fraternity. They made a free use of stimulants; they drank, not to any gross excess, but the habit was general. In like manner, with few exceptions, they played cards and frequently for money; but the stakes were small and no one was ever enriched or impoverished by the result. Our circuit judge (Biddle), though he was an inveterate player, would never admit that he gambled. He had a handsome euphemism for the occasion. Approaching an attorney with whom he was well acquainted, he would say that he had a little money in his pocket about which he was uncertain whether it belonged to himself or to the person
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he addressed, and would invite him to his room in the evening so that they might have a trial of the right of property to determine its owner- ship. The trial of course took place at chambers. Any member of the bar who called might interplead and take part in the action. Outsiders were not admitted; to that extent the game was exclusive.
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