USA > Indiana > Marshall County > A twentieth century history of Marshall County, Indiana, Volume I > Part 27
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All that took part in that, the first celebration of Independence Day, are long since dead. From the order of procession it seems that there were at that time still some Revolutionary soldiers living, as well as some Mexican war soldiers. Now there are no Revolutionary soldiers living and only one Mexican war soldier still living in Plymouth-Nelson Mclaughlin-and probably not more than one or two others in the entire county. The thirty-one ladies in uniform-what kind of uniform is not stated-were to represent the number of states then composing the United States. The Dunham House, where the procession was to start from, was the old Plymouth hotel on the corner of Michigan and La Porte streets, kept at that time by Wm. M. Dunham.
The patriotic editor of the Pilot introduced a lengthy article on the celebration of the Fourth of July in the following grandiloquent style :
"Fourth of July .- Glorious day. The bright-winged bird of liberty ushers in the moon with songs of triumph. Shades of our forefathers appear and guide us on the true spirit of love and praise in freedom's cause. What sweet, hallowed associations cluster around the brow of this sacred day! Myriads of joyous hearts are gathering around the altar of liberty to lay their offerings upon her shrine. Clarion note and trumpet blast echo through the vales, greeting the rising sun as. he mounts the eastern wave."
That settled the whole matter. The celebration was reported to have been a grand affair, and, from the ability of those having charge of it, there is no doubt that it was. An editorial item in connection with the celebration said: "A melancholy accident occurred at Rochester on the Fourth. A Mr. Perry, while in the act of loading a cannon, had both of his hands blown off by a tender-fingered knight of the touch-hole."
XL. TWO OF THE EARLIEST PIONEERS.
Amzi L. Wheeler was born and spent his early boyhood in New York state, and in the early '30's settled in La Porte county, where he taught a country school two or three winters. In 1835 he came to Marshall county, and determining to locate permanently, purchased lot No. I in
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Plymouth, upon which he erected a small frame building for a storeroom. Early in the spring of 1836 he brought his family and a small stock of dry goods and groceries and became a permanent resident of Plymouth. Thomas McDonald also came from southern Indiana in the fall of 1835 and bought a piece of land near Maxinkuckee lake, upon which he built a log cabin, and in the spring of 1836 brought his family and began the labor of a pioneer in a new country. These men soon became acquainted and in time became warmly attached to each other. They were both demo- crats in politics and worked together in making the new county democratic. Not only in politics did they work together, but in furthering the organiza- tion of the county on lines that would make it one of the best in the state. Mr. Wheeler was very fond of the game of politics, and as he had in W. G. Pomeroy and others representing the Whig party antagonists worthy of his "steel," the game was more fascinating than it otherwise would have been. In the beginning of the organization of the county Mr. Wheeler was accorded the leadership of the democratic party without a dissenting voice. Naturally he was made the candidate of his party for representative in the state legislature in the early days, was elected several terms, and when a constitutional convention was called in 1850 he was chosen as the democratic delegate to represent Marshall county and was elected. During his services in the constitutional convention frequent correspondence was kept up between these two pioneers, among which the following, found among the papers of Mr. McDonald after his death, is worthy of repro- duction here as containing much of historical interest :
Indianapolis, Nov. 13, 1850.
Dear Mac: I have thought it my duty for some time to advise you of the doings of this grave body. You have doubtless kept yourself posted up to the present time by reading the newspapers, but to realize it fully you must be present; for I assure you in all sincerity that some of the speeches you read in the papers are made by the - in this convention and are then revised and improved by some one having a little more brains.
We are now six weeks in the session, and if we make a calenlation by the rule of three, we will not be able to complete the labor for which we were sent here before the Fourth of July, 1851. Indeed, I think that would be too early.
The following section is now under consideration, and, judging from the feeling manifested, it can be carried through without much, if any, alteration:
"The general assembly, at its first session under the amended constitution, shall pass laws prohibiting negroes and mulattos from coming into or settling in this state; and prohibit any negro or mulatto from purchasing, or otherwise acquiring, real estate hereafter.''
This section has only been under debate half a day, yet during that short debate we have had a foretaste of what may be expected before it is closed. It may become necessary, and I shall be very much mistaken if it does not become necessary, to read the riot act every morning, instead of calling in a minister of the gospel to pray for us!
The section above I look upon as an outrage, because the negro would never have been here if we had not stolen his father and brought him here, but the words "otherwise acquiring" I regard as the climax of this outrage and unworthy of its dis- tinguished author, Robert Dale Owen. If that is ingrafted in our constitution, you will observe that negro children could not hold the real estate their father died possessed of. A portion of this convention (respectable in point of numbers as well as talent) do certainly entertain sentiments on this subject that would make a South Carolinian blush. I hope it will be made more acceptable, but I doubt it.
The state bank party are more numerous than I expected to find them; only about twenty-five or thirty who will vote the true democratic doctrine-no bank at all.
The cholera is again in this city, and two deaths have already occurred in one
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house, and one of our members-Vanbenthusen, from Shelby-is not expected to live another day. The citizens generally deny that it is cholera, but physicians who are not interested in the prosperity of this wooden-legged city declare that it is.
I am homesick as a dog, and I am not certain but I may take it into my head to leave this mob and go home. From thirty to fifty are gone all the time, and I am not certain that we would not be just as well off if they would stay away until we adjourn. If I could be certain that the vote would not be taken on any very important measure, such as the bank or grand jury, I would certainly go home.
I have had the pleasure of listening to two sermons of the distinguished divine Alexander Campbell. He is certainly a great man and understands his trade, possessing as much vigor but not quite as much fire as I expected. He disappointed a great many, however, because most people in such cases anticipate too much.
Thomas, I would like to pay five cents for a letter from you. Give my compli- ments to Mrs. Mac and family, and believe me to be Truly your friend, A. L. WHEELER.
Since the above letter was written, the writer of it and the one to whom it was written, have both died and their bodies have turned to the dust from whence they came. Mr. McDonald was taken with gangrene of the foot in 1875 and after lingering in great pain about six months died in that year. About 1883 Mr. Wheeler was stricken with paralysis of his entire right side, rendering him almost entirely helpless and affecting his vocal organs so he was unable to speak. After lying in this condition three years he suffered another stroke of paralysis, from which he died almost instantly.
XLI. PLYMOUTH'S FIRST BUSINESS FAILURE.
The first business failure of consequence that occurred in Plymouth was in 1852-53. The firm of Pomeroy, Houghton & Barber were exten- sively engaged in the dry goods, grocery and general mercantile business, and also conducted for a time a slaughterhouse at the bend of the river opposite where the Novelty Works are now located. They did an extensive business, but the country was new at that time, and the collapse of the free banks so numerous in Indiana in that day carried them down with many others, and they were forced to make an assignment. They carried the largest stock of any firm doing business here then and their failure had the effect of unsettling local trade for some time.
The firm of Barber, Hutchinson & Co., hardware merchants, being composed of two members of the firm of Pomeroy, Houghton & Barber, was also compelled to suspend, and it also went into the hands of a receiver. An incident in connection with this last assignment, personal to the writer of this history, has never been told, and it is known to but few, if any, of those living here now, and as it is of general application it may not be considered out of place to speak of it in this connection.
The Plymouth Banner of December 21, 1854, in speaking of the new advertisers in that issue of the paper, among other things said: "Daniel McDonald, in this county known from childhood, has commenced business. Encourage him."
The advertisement to which this referred was partly as follows: "Sevastopol is in Russia, but here are cook stoves, tinware, sheet iron and
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copper ware of every variety, parlor stoves, a good assortment, etc., for sale cheap."
While the advertisement was signed by the writer and the business conducted in his name, as a matter of fact he had nothing to do with it. It happened in this way: When the firm of Barber, Hutchinson & Co. failed the writer was appointed assignee to wind up the affairs of the firm. Eugene Hutchinson, of the firm, was a young man, a personal friend of the assignee, and a tinner by trade. In the final settlement of the affairs of the company the assignee managed to save the tinner's tools for his friend Hutchinson, but as he was badly involved and could not do business in his own name, he was permitted to open a tin and stove store in the writer's name. A letter from A. L. Wheeler, a well known capitalist, recommending the writer to a hardware firm in Chicago as honest and trustworthy, enabled Mr. Hutchinson to purchase on credit all the goods he needed and they were accordingly charged to the account of the writer. Having opened up his shop and commenced business, the advertisement appeared in the writer's name as above quoted. After a year or two Mr. Hutchinson's wife became an invalid and finally died. Mr. Hutchinson's health began to fail and he passed away not long afterwards. When the writer came to settle his estate and the business which had been transacted by Hutchinson in his name, he found the indebtedness charged to his account to be about $350 more than the assets. The writer was an inex- perienced boy then, without any available means of his own, or without any employment by which he could earn anything. What to do he did not know, but as his financial reputation was at stake he resolved to pay it if such a thing were possible. He therefore entered into correspondence with the firm to whom he was indebted, explaining fully the situation, and pro- posing that whatever he earned above a bare living he would remit from time to time; that he would pay it if he lived, and that he did not wish the firm to call on Mr. Wheeler, who had recommended him for credit. The firm therefore agreed to hold the account open until the writer could pay it, no matter how long it might be. In 1856 he was appointed deputy recorder under Johnson Brownlee at $I per day. On this salary he sup- ported himself and in two years saved enough to pay off the indebtedness, although at the end of that time he did not have a cent left out of his two years' work after paying the account in full. The following letter acknowledging the receipt of the last payment is self-explanatory :
VINCENT, HIMROD & Co.,
Wholesale Dealers in Hardware, Stoves, Etc. Chicago, Ill., March 12, 1858.
Daniel McDonald, Esq., Plymouth, Indiana.
Dear Sir: Your favor of the 9th inst., inclosing a check for $50 to be credited to your account and asking that a statement of the balance due with interest be sent to you, is received.
We have placed the amount you sent ($50) to your credit in full of principal and interest of your indebtedness to us, and the account is finally closed.
Allow us to thank you for the honorable and upright manner in which your dealings with us have been conducted, and to assure you that at no time during the pendency of this matter has our confidence in your honesty and integrity wavered in the least. Your credit with us is fully established for any amount you may hereafter wish to purchase in our line.
Wishing you health, peace and prosperity, we are, Sincerely yours, VINCENT, HIMROD & Co.
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HISTORY OF MARSHALL COUNTY.
It is nearly half a century since the foregoing occurred, and being the first business experience the writer ever had, he looks upon the course he pursued under adverse circumstances as being one of the brightest pages in his life's history. To Rockefeller or Morgan, or any of the numerous multi-millionaires it would have been but as a drop of mist in the ocean, but to a boy just starting in the world with nothing and without occupation it seemed like as great a task to cancel the indebtedness as to attempt to remove the rock of Gibraltar !
XLII. COURTS OF MARSHALL COUNTY.
Courts of law and equity are a public necessity in every well regulated community. A brief sketch of the courts of Marshall county and those who have presided over them will therefore be of historical interest. The first term of court held in the county was at Plymouth in October, 1836. It was known as the circuit court, and under the law as it then existed there were three judges, one called the president judge, who sat on the bench in the center, and two associate judges, who sat on each side of the president judge. The associate judges did not have much to do. They occupied their seats on the bench, looked solemn and dignified, and when the president judge had decided a point or a case he would turn to one of the associates and ask him if he agreed with him in that opinion; he would nod his head in assent, when he would turn to the other associate, who would also give his consent, and that was all the duties they had to perform. The associate judge part of the system was so nearly a farce that the constitutional convention of 1850 abolished it entirely.
The following in regard to the first term of court is taken from the first record book of the court:
"At the October term of the Marshall circuit court for the year 1836, there were present the Hon. Samuel C. Sample, president judge of the eighth judicial circuit of the state of Indiana, who produced in open court his commission as such, by his Excellency, Noah Noble, governor of the state of Indiana ; also Peter Schroeder, one of the associate judges of the county of Marshall; also Jeremiah Muncy, clerk of said court, and Abner Caldwell, sheriff of said county, and also Joseph L. Jernegan, the attorney prosecuting the pleas of the state of Indiana for the eighth judicial circuit, and court was opened in due form of law. The sheriff returned into court the venire heretofore issued with the following panel of grand jurors to serve during the present term, to-wit: John Houghton, who was sworn as foreman; Grove O. Pomeroy, Samuel B. Patterson, John Benson, John Moore, William Johnson, Jacob Crisman, Abel C. Hickman, George Owens, William Bishop, Enos Ward, William Blakeley, Milborn Coe, John Kilgore, John Johnson-in all fifteen in number, who retired to discharge their duty, under the charge of Joseph Griffith, a sworn bailiff of the court."
The grand jury, composed of fifteen members, proved to be bungle- some and expensive, and it was not many years until it was reduced to twelve, and in the last score or two years has been reduced to six. Of late years prosecuting attorneys have been given so much power in drafting
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informations that there is little use for the grand jury except in case of murder.
The first term of the Marshall circuit court was held in a frame building erected for that purpose by the proprietors of the town as a part of the contract for fixing the seat of justice at Plymouth, October 25, 1836, with Samuel C. Sample, judge of the eighth judicial circuit of said state, presiding. Gustavus A. Everts, William O. Ross, John H. Bradley, Joseph L. Jernegan and Jonathan A. Liston were the first attorneys admitted to practice law in the court. Mr. Sample served as judge until October 19, 1843. He was an excellent penman, and his signature to the last court record on Order Book A, page 673, is equal to the famous signature of John Hancock to the Declaration of Independence, and more enduring to commemorate his name than a tablet cut in marble.
At the October term, 1843, there were present the Hon. John B. Niles of La Porte, president judge of the ninth judicial circuit, and David Steel and Samuel D. Taber of Marshall county, associate judges.
At the April term, 1844, Ebenezer M. Chamberlain, of Goshen, appeared as president judge. Mr. Taber was succeeded as associate judge by Elias Jacoby. At the November term, 1851, owing to the taking effect of the new constitution, the associate judges were abolished and do not appear after that time. Mr. Chamberlain closed his official career during the May term, 1852, and at the same term Thomas S. Stanfield took his seat as judge of the court. Mr. Stanfield continued to preside as judge until February 8, 1858, when he was succeeded by Andrew L. Osborne, of La Porte, who served as judge until the close of the February term, 1871. Thomas S. Stanfield was elected and again became judge, and served as such until the beginning of the April term, 1873, when the act redistricting the state for judicial purposes took effect, and Elisha V. Long was appointed judge of the new district, composed of the counties of Marshall, Kosciusko and Fulton. Judge Long served from April 28, 1873, to January, 1875, when the district having again been divided and a new district having been created composed of the counties of Marshall and Fulton, Horace Corbin was appointed and served until the election in 1876, when he was succeeded by Sydney Keith, of Rochester. Judge Keith served one term of six years, when he was succeeded by Jacob Slick, of Rochester, December, 1882. He served until March 5, 1883, when he resigned to accept the appointment as railroad attorney for one of the great trunk iines. The vacancy was filled by the appointment of William B. Hess, who served until the November election, 1884, when he was succeeded by Isaiah Conner, who served one term of six years, when he was succeeded by Albertus C. Capron, who served two terms, twelve years in all, ending November, 1902, when he was succeeded by Harry Bernetha, the present judge.
No person was sent from Marshall county to the penitentiary until 1840. In September of that year Noah H. Simmons was tried and convicted for passing counterfeit money, and sent to Jeffersonville for the period of five years.
Probate Court.
In the early history of the state, Indiana had a probate system of trans- acting the business pertaining to estates and guardianships. Grove Pomeroy
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HISTORY OF MARSHALL COUNTY.
was the first judge who presided in that capacity in Marshall county. The first term at which Mr. Pomeroy was present and presented his commission from Gov. Noah Noble with his oath of office attached was held November 14, 1836. After adopting a seal for the use of the court an adjournment was taken until February 13, 1837, when the court was again opened, as the record states, "in due form of law, by the sheriff, at the house formerly occupied by Grove Pomeroy, in Plymouth." No business was transacted, and court adjourned until court in course to meet at the courthouse in Plymouth. Court assembled again in May in "the new courthouse," then completed, but there being no business, court adjourned until court in course. No business was transacted at the August term. At the November term, 1837, a seal was adopted by the court as follows: "A circular scrawl, which may be seen standing on the left margin, with the words, 'Indiana, Marshall County Probate Court,' written within the said scrawl." The scrawl is an artistic piece of goose quill penmanship, and may be seen by reference to Order Book A, page 4. in the clerk's office. Thomas B. Ward was the first one admitted as an attorney. Thomas Robb was the first guardian appointed by the court and Nancy Robb the first ward. The first administrator was Adam Vinnedge, to whom letters were issued on the personal estate of Daniel Pattingale. Samuel D. Taber and Charles Ousterhaute were accepted as bondsmen. The same term of court Daniel Roberts was appointed special guardian of Nancy M. Catney, a minor and foreigner, who was charged with the protection of her person and property. Grove Pomeroy served as judge until November, 1843, when Austin Fuller was elected and qualified. On the thirteenth day of the November term, 1843, the following entry appears :
"The court now devise and adopt a seal for this court, a description of which is as follows, to-wit: In the center of the seal is engraved a square and compasses (in the center of which is the letter G). The words in the margin of the seal are 'Marshall County Probate Court,' an impression of which seal is made on the margin of the record ( Probate Order Book A, page 158) opposite this order."
How this Masonic symbol came to be adopted is a mystery that cannot be solved. There was no Masonic lodge in the north part of the state at that time, and none of the officers of the court, so far as can be learned, were members of the fraternity. The seal continued to be used until November, 1850, when James A. Corse was elected and served until October 6, 1852, when the probate court was abolished.
The Common Pleas Court
Was established in 1852. Elisha Egbert was elected judge of this court, composed of the counties of Marshall, St. Joseph and Starke, and presided at the first term held in October, 1852, and retained the position uninterruptedly until the fourth of November, 1870, the date of his death. Edward J. Wood was then appointed and served until the election in October, 1872, when he was defeated for reelection by Daniel Noyes, of La Porte, who served until the act abolishing the court was passed, March 6, 1873, and the business transferred to the circuit court.
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HISTORY OF MARSHALL COUNTY.
Commissioners' Court.
The commissioners' court was the first court organized in the county. This occurred in May, 1836. Robert Blair, the first commissioner, was one of the original proprietors of Plymouth. He served but one year. He and Abraham Johnson and Charles Ousterhaute, who composed the first board, are all long since dead.
Brief Sketches of Prominent Judges.
Samuel C. Sample, the first circuit judge, was a resident of South Bend, having settled there in 1833. He became president judge of his circuit, which embraced Logansport and Fort Wayne, and all the territory in the state north, in 1835, and continued on the bench until 1843, when he was elected to congress. He was a very exemplary man, and in all his business transactions, whether in public or private capacity, he ever exhibited the most sterling integrity, totally uninfluenced by the least unworthy or selfish motive. He died December 2, 1855.
Ebenezer M. Chamberlain was a resident of Goshen and came to Indiana from Maine in 1832. He was a man of more than ordinary intelligence, of sterling integrity, and firm and decided in character. In personal appear- ance he was tall and slender, with a solemn cast of countenance. On the bench he was quite dignified and rendered his decisions very deliberately. After his retirement from the bench he was elected to congress one term, and died in 1859.
John B. Niles resided in La Porte and was, until his death in 1879, considered one of the ablest lawyers in the state. He was born in Vermont in 1808, and settled in La Porte in 1832. He was a member of the consti- tutional convention in 1850, and was later a member of the state senate. He was quite slender and had been in feeble health for a number of years prior to his death. He was very precise in his speech, always clothing his language in the most elegant terms; for instance, in speaking of a dirty little building, he would say, "it is an exceedingly untidy little edifice." He was a bad penman and there were few who could readily read his hiero- glyphics. Notwithstanding this defect he was an excellent business man and left a reputation that anyone might envy.
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