USA > Indiana > Marshall County > A twentieth century history of Marshall County, Indiana, Volume I > Part 28
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Thomas S. Stanfield is perhaps better and more favorably known to the people of Marshall county than any of the other judges that have presided in our courts. He was born in Logan county, Ohio, in 1814, and settled in South Bend in 1831, where he continued to reside until he died several years ago. He served several years in the legislature and was a candidate for lieutenant governor on the whig ticket in 1849, but failed of election. He had a Websterian appearance, made an excellent judge, and was a gentleman against whom the breath of scandal had never been blown.
Andrew L. Osborn, of La Porte, was another judge who will be long remembered. He was born in Connecticut in 1814 and settled in Michigan City in 1836. He was a diligent student, a man of remarkable memory, quick in his perceptions, and an excellent judge. He served a term as one of the supreme judges of the state, and at the time of his death several years ago was principal attorney of the Lake Shore & Michigan Southern Railroad Company.
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HISTORY OF MARSHALL COUNTY.
Elisha V. Long resided at Warsaw, and some time after his term as judge expired he was appointed United States district judge of New Mexico, in which position he served several years, He still resides in Las Vegas, New Mexico.
Horace Corbin, William B. Hess and Albertus C. Capron were the only judges residing in Plymouth who presided as judge of the Marshall circuit court. Judges Corbin and Capron are both dead. Judge Hess is still a resident here, engaged in the active practice of law. He has been prose- cuting attorney and consul general to Constantinople.
Sidney Keith, Isaiah Conner, Jacob Slick and Harry Bernetha, the present incumbent, resided at Rochester. Of these Judges Keith and Slick are dead.
Common Pleas Judges.
Elisha Egbert was our judge of the common pleas court for a period of about twenty years. He was born in New Jersey in 1806 and died at his home in South Bend, November 4, 1870. He discharged all his duties as an impartial and upright judge.
Edward J. Wood, of Goshen, succeeded Judge Egbert, by appointment. He had no special fitness for the position, never having made the legal profession a study. He was a bright, genial, convivial gentleman. In a fit of despondency he killed himself with a pistol, somewhere in Michigan, in 1872.
Daniel Noyes succeeded Judge Wood, but served but one term of court, at the end of which time the court was abolished. He resides in La Porte, and for a number of years afterwards was the judge of the circuit court of South Bend and La Porte. He was considered the most prompt and efficient judge in the state. He was never a minute late, and required the same promptness on the part of all others with whom he was associated in business.
Attorneys at Law.
Lawyers are officers of the court, and without them the machinery of justice would hardly be able to move. The first term of the Marshall circuit court was held in Plymouth in the new courthouse erected by the proprietors of the town on the northwest corner of Michigan and Adams streets, and the first business after the court was declared opened was the admission of the following named persons to practice law at the bar of the court: Gustavus A. Evarts, William O. Ross, John H. Bradley, Joseph L. Jernegan and Jonathan A. Liston. None of these old-time lawyers resided in Plymouth or afterwards for any length of time. They all lived either at La Porte or South Bend, but for several years were the principal lawyers here. For a good while there was not much law business to do, and the first three or four years about all the court had to do was to meet, listen to a few stories by the lawyers, and adjourn.
The First Permanent Lawyer.
Hon. Charles H. Reeve was probably the first real lawyer to locate permanently in the county for the purpose of practicing law. In a copy of the Indiana Tocsin, published at La Porte, dated February 5, 1847,
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the law card of Mr. Reeve appears as follows : "Charles H. Reeve, Attorney and Counsellor at Law, and Solicitor in Chancery. Plymouth, Marshall County, Indiana, December 1, 1846." But Mr. Reeve had located in Plymouth two years prior to that time and was deputy for County Clerk Isaac How during most of his term-1844 to 1848. It was while acting in this capacity that he became acquainted with Mr. How's oldest daughter, Miss Abby' Jane How, whom he afterwards married. He entered the law office of James Bradley, of La Porte, when eighteen years old, read law under him, and later under Judge Samuel C. Sample and Jonathan A. Liston, of South Bend, and was admitted to the bar in 1842, just before he became of age. Coming to Plymouth when every- thing was in a crude and unorganized condition, he had ample opportunity to develop his ability to assist in building up everything looking to a systematic form of government. In his early days he was the life of the young society of the town. He was a splendid violinist, could play the guitar, and sing negro melodies equal to the best minstrels traveling; understood the flute and clarinet, and could play the piano; could call all the figures, and when it came to dancing himself, he was a perfect French dancing master in his movements. He was pretty near the whole thing at singing and spelling schools, corn huskings and barn raisings. He could make an offhand speech or tell a story better than any of them, and sing a comic song to "beat the band!" As he grew older and the cares of a busy life pressed harder and harder upon him, he drifted away from what might be called "frivolities of life" and turned his attention, outside the practice of law, to writing on various subjects for the newspapers and magazines, and later to book and pamphlet work on the subject of prison reform. His most pretentious work on this subject was a book of 200 pages, in 1890, entitled, "The Prison Question-A Philosophical Review." Another important work was "Dependent Children-A Report Before the International Penitentiary Congress at St. Petersburg, Russia, 1890." For this report he was awarded an international medal, which was sent to him by the Czar of Russia through the United States government. Since the deatlı of Mr. Reeve the medal has been in the possession of his son, Mr. C. A. Reeve. Mr. Reeve had unusual command of language, and as a fluent and rapid talker he had few equals. As the leading attorney, for many years he easily commanded the first place at the bar of the court. He was rapid and methodical in his work and went into the trial of every case thoroughly prepared to meet every point of his opposing counsel. He was not a politician as that word has come to be understood, but served his county as prosecuting attorney, and was elected as a democrat and served four years as state senator. In both of these positions he discharged the duties with zeal, industry and fidelity, according to his best judgment. He died at his home in Plymouth about the first of the year 1905.
James O. Parks was a resident of Bourbon, twelve miles east of the county seat, where he had lived since his settlement here, in 1835, to the time of his death several years ago. His early life was engaged in farming and civil engineering and surveying. He served a term as justice of the peace in 1844-47, and in 1852 was admitted to practice law in the courts of Marshall county, which he continued until the time of his death. Mr.
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HISTORY OF MARSHALL COUNTY.
Parks' practice was mostly devoted to matters originating in the locality where he lived. He was associated with his two sons, Sinclair D. and John W., both of whom had taken a course of study in the law department of Michigan University, and for many years the three made a strong team in the management of their business.
John G. Osborn came to Plymouth in 1852 as minister for the Methodist church. In 1854 he abandoned the ministry and engaged in the practice of the law in the courts of Marshall county, in which he continued until the time of his death in the 'zo's. He was for two or three years, during the war, editor of the Plymouth Democrat, and later left the Methodist denomination and united with the Episcopalians. For many years prior to his death he was a great sufferer from inflammatory rheumatism, which finally resulted in his death. He was a pleasant talker and his addresses before the jury were logical and generally convincing.
Charles Hugus located in Plymouth in the practice of law about 1855, having formed a partnership with Judge James S. Frazier, of War- saw. Mr. Hugus was a sprightly young man and was quite a prominent figure in the local affairs of the town during his stay here. In 1856 he united with the new republican party just then forming, and was the first to call a "ratification meeting" as soon as the news came that Fremont had been nominated as the republican candidate for president. The meeting was held at the courthouse, and Mr. Hugus was pretty much the whole thing. He called the meeting to order, announced the object of it, proposed three cheers for "the next President of the United States," the "Path Finder," John Charles Fremont; but there were not very many people there, and what there were did not know much about Fremont or the republican party at that time, and so the cheering was a failure. Mr. Hugus addressed the meeting, giving a brief outline of the principles of the republican party, and a sketch of the life of Mr. Fremont, which pleased the audience, as none of them knew anything about him. Within a year from that time Mr. Hugus was taken sick with typhoid fever and died at the Dodridge hotel, which stood on the northeast corner of Michigan and Washington streets.
Albertus C. Capron came from New York state in 1852 and located in Plymouth, forming a- partnership with C. H. Reeve in the practice of the law, and continued in the practice either as a lawyer or judge of the court until his death, May 13. 1905. During his career he was considered one of the best lawyers at the bar of the court. As a pleader he was not considered equal to many other members of the bar, but in his addresses before the court and jury he was deliberate, conversational and persuasive. In 1890 he was elected as a democratic judge of the district composed of Marshall and Fulton counties, and reëlected in 1896, and served in all twelve years as judge of the circuit court. It was as judge of the court, more than as a lawyer, that his judicial mind shone with peculiar splendor. As judge on the bench he was always calm and deliberate, treating the members of the bar, litigants and witnesses with a courtesy and affability that made him friends with all with whom he came in contact. Both as a lawyer and a judge he was incorruptible. He was no "grafter," as that word is now understood, and no taint rests upon his memory in connection with his dealings with the public. He was well educated, a studious
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reader, and a profound thinker. During the later years of his life he occupied his leisure time in the preparation of many papers on abstruse subjects that were of a high order of literary merit and were worthy of being preserved in book form, but his modesty would not permit him to consent to give them to the public. He was peculiar in this respect, doing all this laborious work apparently for his own satisfaction and those of the few friends who were privileged to read them. He never sought public notoriety and was always averse to having his name appear in the news- papers except where some public end was to be subserved. He was a well matured, intellectual, manly man, who under all circumstances never allowed himself to forget to be a gentleman. He had a pleasant word for all with whom he came in contact, and went in and out among the people for more than half a century scattering sunshine in his path wherever he went.
Horace Corbin came to Marshall county about 1852, and settled in Plymouth and began the practice of law. He was born and reared in New York state and was a schoolmate of United States Senator Thomas C. Platt, of New York. When he came here he was a young man without money or friends, but he had ability and plenty of energy, and determined to succeed in his chosen profession if such a thing was possible. It was not long until he built up a living practice, and, having happily married into a wealthy family, the remainder of his life was one of ease and comfort. In politics he was a democrat, and in 1862, at the beginning of the war of the Rebellion, he secured the democratic nomination for state senator from the counties of St. Joseph and Marshall, and although it was naturally and largely a republican locality, he surprised everyone by carrying the dis- trict by a considerable majority. He served in the state senate from 1863 to 1867, and was regarded as one of the strongest men in that body. The circuit court district was changed in 1875, creating a vacancy in the new dis- trict of Marshall and Fulton, and Mr. Corbin was appointed judge to fill the vacancy, serving as such until December 18, 1876, having been defeated for reelection by Sidney Keith, of Rochester, republican.
William J. Burns settled in Plymouth about 1852, having removed here from LaFayette, Indiana, where he had studied and practiced law, and had also while there been engaged in the newspaper business. When he located in Plymouth he "hung out his shingle" as attorney and counsellor at law. It was not long, however, until he was induced to purchase the old Plymouth Banner, and become its editor and publisher. His experience in that line of business will be found under the head of "Newspapers." He was a man more than ordinarily bright and was a much better editor than he was a lawyer. He went from here during war times to Knox, where he started the Starke County Democrat, which he conducted for a few years, when it passed into other hands, and he finally died in that place many years ago.
William G. Pomeroy was one of the earliest residents of Marshall county, having come here with his parents in 1834, and took an active part from the first in helping to build up the organization of the county and the business interests of the county seat. Prior to 1850 he had served as auditor and clerk of the county, a member of the state senate and a member of the house of representatives. He engaged largely in mercantile
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business, and in the buying and slaughtering of cattle. During the panic of 1857 he failed and went into the hands of a receiver. He engaged in the practice of the law for some time, but he could not secure business to justify him in continuing it, and finally removed to Rolla, Missouri, where he died many years ago. During his residence here he was one of the brightest men that took an active part in public affairs, and left his impress for good in the matters with which he had to do to a greater extent than the people of his time were inclined to give him credit for.
John S. Dodridge came to Plymouth between 1850 and 1855. Just what in particular he came for he hardly knew himself, but he rented an office and hung up his sign as a lawyer. There was not much law business in the county at that time and the business mostly went to those lawyers who had located here before him. But he was not lazy and while waiting for court cases he engaged in other business. He purchased the lot on the northeast corner of Michigan and Washington streets, on which he erected the Dodridge hotel, afterwards known as the Edwards House, and later the Parker House. He was a man of good character, pleasant and affable. He never made any particular reputation as a lawyer and left here many years ago to find a home elsewhere.
Among many others who resided here and became somewhat promi- nent as attorneys, and have either died or gone elsewhere, may be men- tioned D. Rench Sample, Judge R. D. Logan, A. B. Capron, John Darnell, D. T. Phillips, G. R. Chaney, B. D. Crawford, V. P. Kirk and R. B. Oglesbee.
Among those who practiced law here for many years, and have long since retired or gone into business here or elsewhere, may be mentioned M. A. O. Packard, Amasa Johnson, J. D. McLaren, Samuel Parker, C. P. Drummond, O. M. Packard, C. B. Tibbitts and John S. Bender.
Among those who still reside here and constitute the active attorneys are Wm. B. Hess, John W. Parks, Charles Kellison, Leo M. Lauer, E. C. Martindale, S. N. Stevens, H. A. Logan, Adam E. Wise, J. S. Reeve, H. L. Unger, J. A. Molter, W. H. Mathew and Perry O. Jones.
Those who have practiced law here, but reside in towns outside of the county seat, may be mentioned Joseph W. Davis, Z. D. Boulton, S. D. Parks, Jesse Chaplain, James L. Cook, John D. Thomas, Bourbon; R. C. O'Blenis, W. J. Benner, George W. Paul, M. L. Smith, Argos; Samuel J. Hayes, Bremen.
A large number of the names of persons admitted to practice law at the bar of the courts of the county appear on the records of the court, many of whom never had any business to transact in the court-in fact, about two-thirds of the 160 names which appear as lawyers were admitted and sworn as attorneys because all they had to do to be admitted was to prove that they were men of good moral character. The names of all the lawyers from the surrounding counties, when having business in the court, were also sworn and admitted to practice, although many never had more than one case in the court. From the long list are given the following names of some of the lawyers residing here, whose names do not appear in the sketch above made :
Beadaker Adolph, John C. Blue, K. F. Brooke, F. W. Boss, Gideon W. Blain, John C. Capron, Edwin H. Corbin, Wm. H. Conger, John G. Davis,
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HISTORY OF MARSHALL COUNTY.
William Everly, Ed Fish, Herbert E. Hess, John R. Jones, James A. Marshall, Daniel McDonald, David McDuffie, Iden S. Romig, David E. Snyder, D. A. Snyder, Otto H. Weber, Charles M. Walker and Mrs. Elizabeth Christian. This lady was the wife of Mr. R. D. Christian, who was associated with John S. Bender in the law practice for a short time. She has the distinction of being the only woman ever admitted to the bar of the court as a lawyer. She never appeared in court in that capacity, and after a few months' stay here she and her husband removed elsewhere.
Early Jury System.
The grand and petit jury system existing under the law in force at the time of the organization of the county was exceedingly cumbersome. At the special session of the board of commissioners' court, September, 1836, the following grand and petit jury were drawn, as follows:
"Ordered, that the persons whose names are entered in the panels below serve as grand and petit jurors:
GRAND JURORS.
William Blakely.
Grove Pomeroy.
Eli Morris.
Wm. Coe.
James Murphy, Sr.
John Benson.
John Gibson.
Uri Metcalf.
Samuel Patterson.
David VanVactor.
Jesse Roberts.
Chester Rose.
Oliver Rose. (21)
David Cummins.
John Moore.
PETIT JURORS.
Vincent Brownlee.
John A. Boots.
Abner Caldwell.
David Hill.
John Kilgore.
John Woodward.
James Jones.
Jacob Cressena.
John Compton.
Silas Morgan.
Abel C. Hickman.
Ephraim Goble.
Adam Snider.
George Owens.
Daniel Roberts.
Geo. Murphy.
Grove O. Pomeroy.
George Dixon.
Chas. Henderson.
William Bishop.
Fielding Bowles.
George Vinnedge.
John Houghton.
Robert Johnson.
J. B. Tedraw.
John Johnson.
Benjamin Cruzan.
Alf. Vinnedge (26).
The first commissioners who drew this jury were Robert Blair, Abraham Johnson and Charles Osterhaute.
Since that time the jury system has been greatly changed. The grand jury has been reduced from twenty-one to six, and the petit jury from twenty-six to twelve. At the time these juries were drawn it required a large proportion of the male residents of the county who possessed the necessary qualifications to fill up the number for each jury. At that time, too, there was practically nothing for either of the juries to do, and for a long time the jurors were empaneled, sworn, paid off and discharged for the term.
XLIII. JUDGES AND OTHER OFFICERS.
Samuel C. Sample, October 25, 1836, to October 16, 1843. John B. Niles, October 16, 1843, to April, 1844. Ebenezer M. Chamberlain, April, 1844, to May 15, 1852. Thomas S. Stanfield, May 15, 1852. to February 8, 1858. Andrew L. Osborn, February 8, 1858, to February 6, 1871.
Joseph Evans.
William Johnson.
Enos Ward. ,
Thomas Packard, Sr.
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HISTORY OF MARSHALL COUNTY.
Thomas S. Stanfield, February 6, 1871, to April 23, 1873. Elisha V. Long, April 28, 1873, to January 28, 1875. Horace Corbin, January 28, 1875, to December 18, 1876. Sidney Keith, December 18, 1876, to December, 1882.
Jacob Slick, December, 1882, to March 5, 1883.
Wm. B. Hess (appointed by governor), March 5, 1883, to November, 1884.
Isaiah Conner, November, 1884, to November, 1890. Albertus C. Capron (two terms), November, 1890, to November, 1902. Harry Bernetha, November, 1902, to November 1908.
Judges of Common Pleas Court.
Elisha Egbert, October 26, 1852, to (died) November, 1871.
Edward J. Wood (appointed), November 13, 1871, to November 4, 1872.
Daniel Noyes, November 4, 1872, to March 6, 1873. (Court abolished.) Associate Judges.
Peter Schroeder, October 25, 1836, to October 16, 1843.
Sidney Williams, October 25, 1836, to October 16, 1843.
Samuel D. Taber, October 16, 1843, to October 28, 1851. David Steele, October 16, 1843, to April 19, 1851.
Elias Jacoby, April 19, 1850, to October 28, 1851.
The new state constitution of 1850 abolished the associate judge system.
Probate Judges.
Grove Pomeroy, November 14, 1836, to November 13, 1843. Austin Fuller, November 13, 1843, to November 18, 1850.
James A. Corse, November 18, 1850, to October 26, 1852.
This court was abolished by the new state constitution of 1850.
Prosecuting Attorneys in Marshall County.
Those who have acted as prosecuting attorneys for Marshall county were in the earlier history of the county residents of other counties in the judicial district. They qualified in the county in which they resided, and so their names do not appear on the register of officers in this county. The following are the names of those prosecuting attorneys who were elected from and resided in this county :
Amasa Johnson, November, 1858, to November, 1860.
David T. Phillips, November, 1860, to November, 1864.
William B. Hess, common pleas, October, 1870, to 1872.
P. O. Jones, November, 1874, to 1878.
B. D. Crawford, November, 1878, to 1882.
Elijah C. Martindale, November, 1882, to November, 1886.
C. P. Drummond, November, 1886, to 1890.
S. N. Stevens, November, 1890, to November, 1894.
James K. Houghton, November, 1894, to 1896.
Samuel J. Hayes, November, 1896, to 1898.
Andrew J. Molter, November, 1896, to December 31, 1908.
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HISTORY OF MARSHALL COUNTY.
State Senators From 1835 to 1908.
1835-David H. Colerick, from the counties of Allen, Wabash, Hunt- ington, Elkhart, La Grange, St. Joseph, and the territory thereto attached. 1836-Jonathan A. Liston, St. Joseph, Marshall, Kosciusko and Stark. 1837-39- Thomas D. Baird, St. Joseph, Marshall, Kosciusko and Stark. 1842-44-John D. Defrees, St. Joseph, Marshall and Fulton. 1845-49-Wm. G. Pomeroy, St. Joseph, Marshall and Fulton. 1849-50-Norman Eddy, St. Joseph, Marshall and Fulton. 1853-A. P. Richardson, St. Joseph, Marshall and Fulton. 1855-A. P. Richardson, St. Joseph, Marshall and Fulton. 1857-Hugh Miller, St. Joseph, Marshall and Fulton. 1858-Rufus Brown, St. Joseph, Marshall and Fulton. 1861-John F. Miller, St. Joseph, Marshall and Fulton. 1863-67-Horace Corbin, St. Joseph, Marshall and Fulton. 1867-69-John Reynolds, St. Joseph, Marshall and Fulton. 1869-72-Lucius Hubbard, St. Joseph, Marshall and Fulton. 1873-75-Milo R. Smith, St. Joseph, Marshall and Fulton. 1876-80-Charles H. Reeve, St. Joseph, Marshall and Fulton. 1880-84-W. H. Davidson, St. Joseph, Marshall and Fulton.
1884-88-Valentine Zimmerman, St. Joseph, Marshall and Fulton. 1888-92-Perry O. Jones, Marshall and Fulton.
1892-96-Samuel Parker, Marshall and Fulton.
1896-1900-C. P. Drummond, Marshall and Fulton.
1901-09-John W. Parks, Marshall and Kosciusko.
Representatives in the Indiana Legislature From Marshall County.
1836-37-Joel Long, Marshall and Kosciusko.
1839- Amzi L. Wheeler, Marshall, Kosciusko and Stark.
1840-Peter L. Runyan, Marshall, Kosciusko and Stark.
1841-William Rannels, Marshall and Fulton. 1842-Amzi L. Wheeler, Marshall and Fulton.
1843-Joseph Robbins, Marshall and Fulton.
1844-William G. Pomeroy, Marshall and Fulton.
1845-Anthony F. Smith, Marshall and Fulton.
1846-James O. Parks, Marshall and Fulton.
1847-John R. Shryock, Marshall and Fulton. 1848-Enos S. Tuttle, Marshall and Fulton. 1849-Hugh Miller, Marshall and Fulton. 1850-Wm. M. Patterson, Marshall and Fulton. 1852-Thomas Sumner, Marshall and Stark. 1853-Eli Brown, Marshall and Stark.
1855-Amzi L. Wheeler, Marshall and Stark.
1857-Eli Brown, Marshall and Stark.
1859-James O. Parks, Marshall and Stark. 1861-M. A. O. Packard, Marshall and Stark.
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