A twentieth century history and biographical record of Elkhart County, Indiana, Part 7

Author: Deahl, Anthony, 1861-1927, ed
Publication date: 1905
Publisher: Chicago : Lewis Publ. Co.
Number of Pages: 1044

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The name of Oliver Crane is prominently identified with the earliest history of the town of Goshen in another way, even though he is not entitled to the honor of having given the court square to the public. . At the session of the board of justices held May 2. 1831. he was appointed agent for the county seat. This was just before the present site was selected. At the session of the board held June 21. after the county seat had been relocated, he was ordered to lay off into lots the tract which had been chosen for this purpose. He was further ordered to advertise half of the lots to be sold on the 2d day of July. In September of the same year he made his first report, showing that he had sold fifty-four lots, receiving therefor $2.607.75. In November, 1831. he was suc- ceeded by Robert Randall as county agent. It appears from the record. however, that Crane was associated with his successor and with the county surveyor, George Crawford, in surveying and laying out lots in the new town. The public records also show that twelve lots were re- served by the county for a public square and public buildings. These

HISTORY OF ELKHART COUNTY

lots are numbers 131 to 136, inclusive, fronting on Main street, and numbers 155 to 160, inclusive, fronting on Third street.

Besides the tract which was acquired from the government by pre- emption, the county purchased of Oliver Crane another tract lying im- mediately north of it and including that portion of the present city of Goshen which lies north of Clinton street, east of the Elkhart river and south of the Lake Shore Railroad. Its area is twenty-seven acres, three roods and three rods, the deed for which was made September 2, 1834. signed by Oliver Crane and his wife. Elizabeth Crane, and ac- knowledged before Peter L. Runyan, a justice of the peace. This tract was a part of the northwest quarter of section 9. township 36 north, range 6 east, and which was entered from the government by Ephraim Seeley August 2, 1831. The two parcels of land which were acquired, the one by pre-emption and the other by purchase, aggregated one hun- dred and twenty acres, six and two-sevenths rods.

In order to make this sketch as complete as possible from the data which could be found, it is necessary to refer once more to the act which authorized the organization of the county and which also provided for the meeting of the courts up to the time when the public buildings should be erected. The place designated by the act for the first meeting of the circuit court was the house of Chester Sage, which was a log cabin on the north bank of the St. Joseph river and nearly opposite the mouth of the Elkhart river. The farm upon which he lived is now a part of the city of Elkhart, and the spot where the cabin stood is about sixty rods east of the bridge which crosses the St. Joseph at Main street. So that place was by legal enactment virtually the earliest county seat. The same act of the legislature which designated the place for the first ses- sion of the court also contained a provision that the circuit court should have authority to remove the place of meeting from the house of Chester Sage to any other place in the county previous to the erection of the public buildings, after which all of its sessions were to be held in the court house at the county seat.

It appears that the court availed itself of the authority granted it to remove to other places for holding its sessions. But one session of the circuit court was held at the residence of Chester Sage, the place designated by law. That session was begun November 30. 1830. The next session was held in April, 1831. at the residence of Thomas Thomas, the county clerk, about three miles east of Elkhart on what is known as Two-Mile plain. ( See Note 2.) The third term of the

HISTORY OF ELKHART COUNTY

court was held in October, 1831, at the residence of Thomas Frier, on what was then called Elkhart plain, but is now known as Elkhart prairie. The place referred to is what has been known for many years as the McConaughy farm and is now owned by Leonard McConaughy. The late Dr. E. W. H. Ellis, in an address delivered at the Elkhart county fair in 1852, referred to this session of the court and stated that it was really the first session at which the full bench was represented, the Hon. Charles H. Test, the presiding judge, meeting with the court then for the first time. At the two sessions held after this, at the places above mentioned, only the two associate judges, Peter Diddy and Will- iam Latta, were present. The residence of Mr. Frier was then a log cabin and the court held its session under the stately trees which stood in front of it. It might also be added here that James Frier was the first treasurer of Elkhart county and was serving in that capacity at that time.

The fourth term, counting the two terms which were held by the two associate judges, as already mentioned, was held in April, 1832, and the sixth in May, 1833, both being held at the residence of Henry Dusenberry ( Note 3), which was located in Goshen at the northeast corner of Main and Washington streets, where the Dewey block now stands. There is nothing in the court records to show where the fifth term was held, which was in October, 1832. The seventh term was held in the court house, which is the first mention of that building in the circuit court records.

The board of justices held all of its sessions from the first one, in June, 1830, already mentioned, to the May meeting in 1831, at the residence of Chester Sage. In June and July, 1831, they met at the residence of Thomas Thomas. Up to that time the board of justices performed the functions which have been performed by the board of county commissioners. In September, 1831, the first board of commis- sioners met at the residence of Thomas Thomas. ( Note 4.) But two members of the board were present: Edward Downing and George McCollum. At the next meeting John Jackson presented his certificate of election as a member of the board and took his seat. This meet- ing was held at the residence of George McCollum, which was located about half way between Lincoln avenue and the next alley north on the east side of Main street and opposite court park. Another session was held in January, 1832, at the same place. In March, 1832, the board met at the residence of Lukc Hulett, on or near the present site

HISTORY OF ELKHART COUNTY

of the Baptist church in Goshen. From May, 1832, until August, 1833, the board held its meetings at Abner Stilson's tavern, located where the Kindig block now stands at the corner of Main street and Lincoln avenue in Goshen. In September, 1833. the board met for the first time in the court house.

The residences of Chester Sage, Thomas Thomas, George McCol- lum and Abner Stilson were also the meeting places of the probate court from 1830 to 1833, the year when the court house was completed, from which time that court also began to hold its sessions in the court house.

There is one thing quite peculiar that deserves mention, and that is the apparent absence of any record of the contract for the building of the first court house. The records of the board of justices, the commissioners', circuit and probate courts have been searched diligently but no such contract has been found. P. M. Henkel, former county auditor, in a paper read before the Elkhart County Historical Society, April 20, 1905, states that this contract was awarded to Jacob Stude- baker, who modeled the building after the court house at Dayton, Ohio. The late Dr. M. M. Latta, several years before his death and before illness had impaired his mental faculties, made the same statement to the writer of this paper, and added also that the Dayton court house had been copied after the main building of Princeton College as it was nearly a century ago. In the absence of any public records the word of these men, who were known throughout their lives for their accurate knowledge of passing events and for the accuracy of their statements concerning them, is the best authority that can be cited.

As far as can be gathered from the public records, from recorded personal memoirs and from statements of individuals still living who are believed to know concerning these matters, this is an accurate his- tory in detail of the seat of government of Elkhart county from the time of the county's organization until the completion of its first court house in 1833. Since that time there has been no change in its loca- tion, but it has remained continuously in the same place.

(I) Elisha Irwin, brother of John W. Irwin, states that his father, Alexander Irwin, first came here in 1831 and returned to his former home in Pennsylvania in 1832, in which year he removed here with his family to remain permanently. This explains the apparent conflict in the dates of John W. Irwin's memoir.

(2) Dr. W. H. Thomas, the only surviving son of Thomas Thomas, and John W. Ellis, a resident of Elkhart since November, 1831, and now eighty-one years old, both concur in this statement as to the location of

HISTORY OF ELKHART COUNTY

Thomas Thomas' residence. Wilber L. Stonex, a grandson of Thomas Thomas, thought it was in the next residence of Mr. Thomas, now known as the Bradigum farm and located just northwest of the present city limits of Goshen. Mr. Ellis says that Mr. Thomas removed to this place in the latter part of 1831, which was several months after the court met at his cabin on Two-Mile plain.

(3) The information concerning the location of this place was obtained from an address delivered by Hon. J. H. DeFreese in 1858.

(4) As Mr. Thomas removed to his farm near Goshen some time in 1831 it is impossible to ascertain at which of the two places this first session of the board of commissioners was held.

THE COURT HOUSE.

The history of the seat of justice would not be quite complete with- out a brief description of the building which for so many years has adorned the public square, and in whose halls have been discussed and acted upon the matters of deepest concern to the welfare of the county and where justice has been afforded to all employing the machinery of law for that purpose. The present court house was opened to the pub- lic in 1870. The old building having ontlived its usefulness, it was de- cided by the people that a new building should be erected. This was in the year 1868, and the commissioners who had charge of the work were James Bechtel. J. E. Thompson and Nathaniel Thompson. The work on the building was begun the same year and completed in 1870.

The early county fathers showed their wisdom in planting nu- merous shade trees on the square, so that, during the summer season. the court house almost disappears among the embowering foliage of maples and elms. Formerly the grounds were enclosed by iron railing. but civic taste has decided against this inclosure. A description of the building as it appeared before the recent remodeling gives the following general features. Of classic model, its four large Corinthian pillars sup- porting a well proportioned entablature on the east and west sides, the building has much of the appearance of those ancient temples where justice was supposed to emanate from the deities whose shrines and marble figures were within its walls. The ground dimensions were, until the reconstruction, 82 by 72 feet, and from base to cornice it is 52 feet.

Until the spring of 1905 the true symmetry and simplicity of this structure were marred and thrown out of balance by the large clock tower on the south end. This height of brick and stone, although for many years forming one of the landmarks of Goshen, came into dis-

HISTORY OF ELKHART COUNTY

favor when the plans were formulated for the remodeling of the court house, and along about the first of last April the oldl clock, which for more than a generation had sounded the hours to children and chil- dren's children, struck for the last time, and a few days later the work of dismantling the tower was complete.

The remodeled court house gives Elkhart county one of the most up-to-date and thoroughly convenient seats of justice in northern Indi- ana. Such changes are being made in the general features as well as the details that the next generation will be hardly able to image the old court house from what they see of the reconstructed edifice. As mentioned. the tower has been taken down. The building has been lengthened at both ends, but in form symmetrical with the old plan, the total ground space added being 87 by 70 feet, or a total additional floor space for the three stories of nearly 20,000 square feet. While the general arrangement of the rooms remains the same, the reconstruction affords such expansion for all the different offices that they are prac- tically to be in new quarters, ample for all their present and future needs for some years to come.

The principal entrances to the basement floor will now be at the north and south ends. although the former entrances will also remain. With much enlarged quarters, the superintendent of county schools and truant officer will retain the southeast corner, the surveyor will occupy the southwest room, and the commissioners will hold their meetings in the northeast corner, while the remainder of the basement will be taken up by the modern fan heating plant, janitor's rooms, etc. Stairs lead from this floor to the main floor.

Going up on the main floor, one finds the most complete contrast between the new and old arrangement. Where as formerly the east entrance had three doors, now a broad double-door affords the prin- cipal means of entering the building. From this main hall branch out the two corridors which, as the vertical axis of this floor, extend nearly the full length of the building. From the south corridor doors open into the clerk's enlarged office, the office of the sheriff ( who in the old building had very small and inadequate room), and the recorder's office, in which has been built a vault of such proportions as will ac- commodate the great bulk of valuable records which accumulate there from year to year.

From the north corridor are entered the auditor's, on one hand. and the treasurer's office, on the other. At the north end of the build-

HISTORY OF ELKHART COUNTY

ing is a large consultation room, communicating with both the treas- urer's and auditor's apartments, while each of these officials also has a private office.

A broad stairway interrupted by one short landing, leads straight to the second floor. Opening into the hallway at the head of the stairs are, on the west side, the rooms of the assessor, the probate court, and the attorney's room, and, on the east, the jury room, the library, and the judge's room. Especially notable and appropriate to the progressive spirit of the people of Elkhart county, is the new jury room. From the restricted, unsanitary, and inadequate quarters formerly provided for the deliberations of the twelve tried and true peers, the bailiff now. when the trial is over, leads his charges into a spacious double apart- ment-a large room intended for the general sessions of the jury, and also, connected therewith by swinging doors, a smoking room.

Double doors from the second floor hall open into the court room. which, already of ample dimensions, remains practically as it was. The enclosed space reserved for the attorneys and participants in the trials has been increased, and some changes of arrangement made. Desks and chairs for the members of the county bar are provided to the num- her of forty, and these places are to be assigned to the members in order of seniority of admission to the bar, each seat being reserved exclu- sively for the use of its rightful occupant.

Back of the court room are the offices of the court stenographer, the prosecutor's room, and two witness rooms,-the last being a notable improvement, there formerly being but one room for witnesses, and an order to divide the witnesses meant serious inconvenience.

The appropriation up to the time of this writing for this recon- struction is $68,000, but it is thought that nearly one hundred thou- sand dollars will represent the final sum expended upon the work. From it will result a building which, for efficiency of design and symmetry of architectural outline, will for many years to come be a credit to Elkhart county.

THE ELKHART COUNTY ASYLUM.

" In the early forties," according to Mr. P. M. Henkel, " there was no asylum for the care of the poor and indigent persons. Such as were dependent upon public charity were farmed out by the county commissioners for their support by the year to the lowest responsible bidder. At this date ( 1845) but two persons in the county were thus

HISTORY OF ELKHART COUNTY

provided for. The first farm purchased by the county to be used as an asylum for the poor was located in Jefferson township and consisted of eighty acres. A superintendent was appointed and all indigent per- sons transferred to his care." This poor farm was two and a half miles northwest of Goshen, and was known as the Adam Harman farın.

In 1847 Miss Dix, the eminent philanthropist and reformer of prison conditions, visited on her tour of inspection the institutions of Elkhart county, and her strictures relative to the county poor farm were especially severe. The poor house, to quote Miss Dix's report as it ap- peared in a local paper of that year, "is situated several miles from Goshen, and has a farm of eighty acres, forty of which are cultivated. No dwelling is as yet constructed for the poor of sufficient capacity for their suitable accommodation. The situation of this establishment is remote and difficult of access." Only three individuals were kept there at county expense at that time, so that it is hardly surprising that the home had not yet reached the dignity and efficiency of a public institution.

Perhaps this criticism led to the action of the county board in 1853 by which a substantial building was planned for the accommodation of the county's almoners. This house was erected on Elkhart prairie, five miles southeast of Goshen, on the old Fort Wayne road. The poor house was burned in February, 1871, but was replaced by another in the summer of that year. In 1882 the county commissioners traded with W. D. Platter for a marsh farm of 453 acres between Bristol and Elkhart on the St. Joseph river. This trade was rescinded by the new board of commissioners elected in 1882, and, Platter refusing to sur- render the old farm, a law suit followed. The case was in the courts two years, was tried in the circuit court at LaGrange before Judge Rob- ert Lowry, of Fort Wayne, who decided in favor of the county. Plat- ter took an appeal to the supreme court, where Judge Lowry's decision was affirmed, so that the county continued in the possession of its farm on Elkhart prairie several years longer.

In 1885 the farm on the prairie was sold, and the site of the present institution was bought of David Rupp, for the sum of five thousand dollars. The present Elkhart county farm is located at Dunlaps, in Concord township, half way between Goshen and Elkhart, and is reached by the inter-urban electric line. The farm contains one hundred and twenty acres, and the entire institution is a credit to the county. If Miss

HISTORY OF ELKHART COUNTY

Dix were alive to-day and could visit this asylum her adverse criticism would, without doubt, be turned to words of praise and admiration of the efficient way in which the eleemosynary affairs of the county are administered.

The asylum building, which was erected in 1886, the original con- tract price being $18,800, is a brick building, two stories and basement. containing sixty-five rooms. The east side is for the women inmates, and the west for the men. At the time of the present writing an addi- tion. 31 by 60 feet, is being built. in which will be located the hos- pital department, the rooms for the insane and the cells for the un- manageable inmates. . At the present time there are 58 persons in the in- stitution, this being about the average number. The largest number dur- ing the past year was 79 and the lowest 50. The present superintendent is Mr. John L. Warden, and under his direction are three lady em- ployes, two men in the house and one on the farm, besides the fireman and janitor.

COUNTY JAIL.

In the report of Miss Dix, above referred to, the county jail comes in for its share of criticism. "The Elkhart county jail, at Goshen,". says Miss Dix, "is a two-story brick building, containing four dungeons, two debtors' rooms above, and. the family residence of the keeper. This jail was about to be repaired, and it was believed that some improve- ments as to drainage and ventilation might be introduced."

The present county jail, on the west side of the court house square, in its exterior aspect resembles a pretentious private residence. Its re- construction to the present condition occurred in 1879. costing the county over twenty thousand dollars. It is said that Ira Storr was the first offender to be incarcerated in the old building.

THOMAS THOMAS FIRST CLERK OF ELKHART COUNTY

HISTORY OF ELKHART COUNTY

CHAPTER VI. CIVIL GOVERNMENT.

Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people. -HENRY CLAY.

History is something other than bare chronicles of legislative pro- ceedings and official acts; yet, nevertheless, it would be a serious omis- sion to fail to include in this volume some cursory mention, other than what has already been given, of various official acts by which the prog- ress of the county and its civic and material welfare have been directed to the proper ends, and also the names of the most important of those men commissioned by their fellow citizens to perform, after the manner of our representative government, the duties which necessarily must be delegated by the many to the few. And, too, in thus recording some of the means by which the representatives of the people sought to perfect the efficiency of the body politic, we may learn much concerning the un- folding and development of our county into its present civic, social and material condition.

An evidence of the strong tendency of the early settlers of this county for law and order and the institutions of society may be found in the record of the first county election following the act of county incorporation. There was but a mere handful of people in this great district comprising Elkhart county and the territory attached thereto ; none of the restraints of law were needed, and only the inherent desire of the American people to participate in self-government could have urged this community toward civil organization. In this election there were polled in the entire county, including the territory attached, out of which several counties were later formed, but seventy-five votes. And it is presumed that the entire legal vote was cast, there being a number of aspirants to places of honor and profit, whose respective friends were no doubt active in their behalf.

At this first election in Elkhart county the following men were chosen to administer the affairs of the county: Thomas Thomas, clerk ; Eli Penwell, sheriff; William Latta and Peter Diddy, associate judges;

HISTORY OF ELKHART COUNTY

J. W. Violette, recorder; and James Mather, John Jackson and Armin- ius Penwell, justices of the peace, who constituted the board for the transaction of county business until they were succeeded by the newly created board of county commissioners. The first three sessions of the board of justices were held at the house of Chester Sage, and in the fall of 1830 the first county court was held there by the associate judges. Peter Diddy and William Latta. The election for a state representative, sheriff and coroner, ordered to be held on the first Monday in August, 1830, was held. in Concord township also at the house of Mr. Sage. while the voters of Elkhart township cast their ballots at the school- house on Elkhart plain.

One of the interesting provisions of this early board of justices was the fixing of tax rates. By the record we find that the poll tax was 3716 cents ; a like amount was levied on each horse, one half that sum on each work ox; 25 cents was the rate for a silver watch, one dollar for a brass clock, one dollar for a four-wheeled carriage, and 75 cents for a two-wheeled carriage. These direct taxes probably were cheer- fully paid, although occasionally we find recorded the case of a man who had his tax remitted on the ground that it was unjustly large, (it being ordered in November, 1830, that James Compton be acquitted of the payment of 371/2 cents for one horse wrongfully assessed. ) In 1830 the whole amount of revenue collected was $198, and the whole disburse- ment was $183.43, leaving a balance in the treasury.

The last meeting of the board of justices was in July, 1831, and in the following September Edward Downing and George McCollum re- ceived their commissions and on September 5 were sworn in by the clerk and took their seats as the commissioners of Elkhart county.

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A twentieth century history and biographical record of Elkhart County, Indiana, Part 7

Author: Deahl, Anthony, 1861-1927, ed Publication date: 1905 Publisher: Chicago : Lewis Publ. Co. Number of Pages: 1044

Author: Deahl, Anthony, 1861-1927, ed
Publication date: 1905
Publisher: Chicago : Lewis Publ. Co.
Number of Pages: 1044