USA > Indiana > Blackford County > Biographical memoirs of Blackford County, Ind. : to which is appended a comprehensive compendium of national biography embellished with portraits of many well known residents of Blackford County, Indiana > Part 30
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John Ervin was prominent among the early settlers. His early life was spent in Maryland; then he lived in Perry county, Ohio, and came here in 1837. He was mar- ried twice, his wives being half sisters. There were five children by the first wife and eight by the sec. d. The oldest, Nao- mi, married Hamilton Wheatcraft, and af- ter his death she married Nicholas Friend, the first sheriff of Blackford county. They soon went to Iowa; the second, Nancy, mar- ried Francis H. Graham, probably the first merchant in Hartford City, who came from Belmont county, Ohio. He returned to Ohio and in about 1865 went to Missouri. He was a Methodist preacher, and died in 1875 while he was presiding elder of the Macon City district. Mary, the next child, married Frederick Seelig, at one time coun- ty agent and afterwards county commis- sioner. Samuel was the next, and was one
of the county's best citizens, and Sophia, the youngest of the first children, became the wife of Abraham Cassel, the first county surveyor. Elizabeth, the oklest of the last wife's children, married Rev. William An- derson, a Methodist minister. The other children were: George W., James E., Dan- iel A., William McK., Jacob E., Benjamin F. and Joshia E. The latter, the only one living, has been for many years a Methodist preacher in the North Indiana conference, and John Ervin himself was a local preacher of considerable ability.
Jacob Brugh built a horse-mill on South Jefferson street, in Hartford City, at an early day, and afterwards sold it to John Moore. Samson Dildine, another pioneer, located on land then adjoining and now in Hartford City. Henry Harmon lived south of the town, and William Bolner southeast. Both had large families, and a large number of their descendants are still in the county. Joseph P. and Asher Vancleve, Jeremiah Handley, Nelson D. Clouser, William Pay- ton, James E. B. Rose and Sylvester R. Shel- ton were men of prominence in local affairs. William Tanghinbaugh came here in 1843, and was a man of influence and something of a politician. He had served a terni as sheriff, in Adams county, Pennsylvania, and in this county was justice of the peace, county recorder, clerk of the circuit court and a representative in the legislature.
Our space will only allow the mention of the names of a few others: As John Bush, Thomas Beckford, Jacob Clapper, and William Cale, Barnabas Carver, John J. Cook, Joseph and Isaac Carcuff, John Craw, George W. Chinn, Samuel and Levi Dennis, William Hellyer/ Daniel Heck, Adam Hart, Samuel Inman, David Johnson, Nathan
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Jones and his sons, William and Joshia Jack, Peter Kemmer, William Lecdom, Da- vid M. Mercer, John J. Moreland, Jacob and Hazæl Oswalt, William and Robert Rous-
seau, David Stout, James Slack, Thomas Shearon, William Turner, Edward Ward and Benjamin and Smith Wixon.
THE COURTS OF BLACKFORD COUNTY.
The first constitution of the state of In- diana was adopted in the year 1816, and continued in force until the present consti- tution took effect on November 1, 1851. Under the first constitution a circuit and probate court was established in each county. The circuit court consisted of a president judge and two associate judges. By the revised statutes of 1843 the state was divided into twelve judicial circuits in cach of which there was to be a president judge, whose duty it was to preside over the circuit courts of the sev. al counties in his circuit. There were two associate judges in each county. The first term of the circuit court of Blackford county was begun and held at the house of Andrew Boggs in said county on Monday, the 23d day of September, 1839, before the Honorable David Kilgore, who produced his commission from the Hon- orable David Wallace, governor of the state of Indiana, as president judge of the eleventh judicial circuit of Indiana, with the proper oath endorsed thereon, and Andrew Boggs and Henry Stewart, Esquires, who produced their commission from the gover- nor as associate judges of Blackford county. Jacob Brugh was clerk and Frederick Beall produced his commission from the governor as sheriff. John Brownlee, Esq., produced his commission as prosecuting attorney for
said judicial circuit and was sworn accord- ingly. The following panel of grand jurors had been selected for this term, to-wit: John Watson. Lewis Kirkpatrick, Jacob Oswalt, Edward M. Crumley, Jose K. Hobson, Adamı Cunningham, James Ransom, Michael Geyer. John Blount, Joseph Gettys, Peter Reasoner. John Beal, James Bowman, Isaac . Spauld- ing, Benjamin Reasoner, Jacob Geyer, Thomas Hulett and Joseph Blount. All were present except Peter Reasoner and James Bowman, and the sixteen good and lawful men were duly sworn in open court according to law, and retired in the care of a proper icer. Jeremiah Handley was by the count appointed bailiff for the grand jury and sworn as such. The grand jury room was one of simple and primitive style, very meagerly furnished, but having splendid ventilation. It was a small spot of ground from which the underbrush had been cut off in a plum tree thicket near the Boggs cabin. the only seats and furniture being the trunk of a fallen tree. It is said that the narrow path leading to the above described jury room was faithfully guarded by the bailiff who filled his pocket with stones and was thus prepared to enforce his orders to keep away intruders from the sacred precincts where the investigations of the jury were conducted. The first two or three grand
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HISTORIC.IL SKETCH OF
juries of the county seem to have taken the view that courts had no excuse for their ex- istence unless they had business to transact, consequently they returned indictment. against a number of the distinguished first settlers for assault, betting, sometimes specif- ically charging winning or losing, and other like venial offenses. It is evident, however, that their investigations were conducted with rigid fairness and impartiality, for occa- sionally the jury would indict some of its own members. In connection with these outdoor sessions Hon. John Noonan gives an incident which we quote in a historical sketch of the county read at the centennial celebration at Hartford City, July 4, 1876.
"It was no uncommon occurrence for many of the early settlers of that day to be compelled to return through the woods on foot to the older states, from which they had moved, to find their horses that had wandering off on the back track after being turned out to graze, as fields and fences at that t. ie were unknown.
"It was on one of these trips to Fort Recovery, Ohio, that Peter Bonham was made aware that he was treading on for- bidden ground by Jeremiah Handley crying out in a loud and commanding voice, "Halt ! this is the honorable grand jury of Black- ford county." Mr, Bonham quietly informed the ever-vigilant bailiff of his business, who, after removing him to a sufficiently safe dis- i. ice, proceeded to interview the grand jury and shortly after reported to Mr. Bonham where he would find his horses, who went on his way rejoicing in the settled con- viction that grand juries were not such a terrible affair after all."
At the first term of court of which we have been speaking the following persons were admitted and sworn to practice as at-
torneys at law at the bar of this court : Jchu T. Elliott, who, twenty-five years later. was elected a supreme judge of the state, Andrew Kennedy, a distinguished member of the twenty-seventh, twenty-eighth and twenty-ninth congresses, John Marshall. Jacob B. Julian, afterward for many years an able attorney at Indianapolis, Joseph Anthony, afterwards judge of the court, and Moses Jenkinson, long a leading member of the Fort Wayne bar. The traverse jurors for this term were John Ervin, Aaron Hughes, Josiah Twibell, Harrison Waugh, Edward Middleton, Jacob Emshwiller, John Stewart, John Beath, John Moore, Francis Kirkpatrick, Joseph Beymer, Elisha DeWitr. George Sumpter, Robert Lanning, Jr., Sam- tel Palmer, James A. Gadbury, John Jen- nings, Levi Connelly, Sr., Jeremiah Hand- ley, Thomas Eaton, Abraham Cassel, John J. Cook, Hazael Oswalt and George Com- stock. The state docket was taken up by the court and pleas of guilty were entered to indictments for betting by Jacob Geyer and Thomas Slater and to an indictment for as- sault and battery by Francis Kirkpatrick, and small fines were assessed and promptly stayed by the entry of replevin bail. Hazaci Oswalt and Joseph Beymer, of the traverse jury, and James Bowman, of the grand jury. were severally and for good and sufficient causes to the court shown discharged and allowed each for one day's services. Abra- ham Cassel was constituted and appointed by the court county surveyor for the term of three years. So ended the first day of court in the new county, which had then a population not exceeding one thousand souls.
The minutes for this and the remaining two days of the term were signed only by the associate judges. The only civil action of which note was taken was that of Joseph
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BLACKFORD COUNTY, INDIANA.
Anthony vs. George Turner, an appeal from Thomas Markin, justice of the peace, which was continued till next term. At the Oc- tober term, 1840, Henry Stewart and James Havens were the associate judges and Jere-
miah Smith, of Winchester, Indiana, was
the prosecuting attorney. On May 20, 1841,
the associate judges last named met at the clerk's office and appointed John Stewart as county commissione; for the second dis- trict, in room of J. P. Van Cleve, resigned,
until. the next August election.
At the
Washington township, and John Beal, of general election in 1841, John Cave, of
Harrison township, were elected associate judges. John M. Wallace, of Marion, ap-
peared as prosecuting attorney at the April
term, 1842. At the November term, 1843,
Judge Kilgore was not present till the third day of the term. John H. Cook was ad- mitted to the bar and appointed prosecuting attorney pro tem. The case of Eli Sabin
. Sarah Sabin was probably the first di- force case in the county. A divorce was granted to the plaintiff There were two slander cases at this term, one of Joshua B. Cass and wife against John Goldsbury, and one by the same parties against David
Pierce. Charles Jones, Mark Weaver, Em- mett Carroll and William B. Mckay, on pleas of guilty were each fined twelve and one-half cents for riot. At the May term, 1846, Hon. Jeremiah Smith succeeded David Kilgore as president judge of the eleventh circuit being commissioned for a term of seven years from January 30, 1846. Judge Kilgore was an able and prominent politician of the state of Indiana. In 1848 he was the Whig candidate for congress in the tenth district, but was defeated by Andrew J. Har- Jan. In 1856 and 1858 he was elected to
congress as a Republican from the fifth. com. monly known as the burnt district. At the last named term of court an indictment which had been pending for several terms against Moses Allen, changing him with har
boring negro slaves, was quashed. Allen was a radical abolitionist who lived in Jay county some five miles east of Montpelier.
At the following term of court, on motion of Joseph S. Buckles, then prosecuting at- torney, an order was granted against the commissioners of the county to show cause at the next term why a jail had not been erected. They appeared at the next term and made a satisfactory showing. John Beal served as associate judge to the close or Judge Smith's term in January, 1853. John Cave served as associate judge until the fall
of 1846, when he was succeeded by John Wandal, who served one year and was suc- ceeded by William Cortright, who served un- til 1853, since which time, under the pres- ent constitution, the circuit court has no associate judges. The judges of the cir- cuit court since Judge Smith have been
the following : Joseph Anthony, 1853 to 1858; Joseph S. Buckles, 1858 to 1870; Silas Colgrove, 1870 to 1873. when a circuit was formed of the counties of Blackford. Grant and Huntington, of which James R. Slack was judge until his death, in June, 1881, when Governor Por- ter appointed Henry B. Sayler as Slack's successor and in 1882 he was elected for a full term. The legislature of 1885 formed a circuit of Grant and Blackford and William H. Carroll, of Hartford City, was appointed judge by Gov. Gray. At the election in No- vember, 1886, R. T. St. John was elected judge and in 1892 he was succeeded by J. L. Custer. The legislature of 1893 con-
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HISTORICAL SKETCH OF
stituted a circuit of Blackford and Wells counties and for a few weeks J. S. Dailey, of Bluffton, occupied the bench, and, re- signing in July of that year, he was succeeded by Edwin C. Vaughn, the present incum- bent.
During the sixty-one years of the exist- ence of this court the following persons have served as prosecuting attorney, either by election or appointment ; John Browniec. Jeremiah Smith, John M. Wallace, John II. Cook, John Davis, J. S. Buckles, E. G. Car- roll, Wellington_Stewart, Isaiah M. Har- lan, William Garver, Silas Colgrove, John J. Cheney, George S. Howell, William Broth_ erton, Andrew J. Neff, Asbury Steele, David Nation, David Moss, John H. Har- rison, Lemuel W. Gooding, David W. Kurtz, J. N. Templer, D. M. Bradbury, J. T. Wells, E. B. Reynolds, D. W. Comstock, W. H. Carroll, Alfred Moore, Asbury E. Steele, Charles W. Watkins, George W. Gib- son, Sydney W. Cantwell, Charles M. Rat- liff, Orlo L. Cline, Jay A. Hindman and Aaron M. Waltz.
Among the important cases tried in the Blackford circuit court was that of the state vs. Samuel Howard, charged with the mur- der of Ira Turner, tried at the May term, 1871, which resulted in the acquittal of the defendant; that of the State vs. Eliza Sage, tried at the May term, 1883, in which she was charged with felonious homicide in drown- ing her child, Harry Albert Cunningham, which resulted in her conviction and a sen- tence to imprisonment for li ; the case of William Barnes, tried at the October term, 1887, charged with the murder of Theodore Leffingwell, in which he was found guilty and sentenced to imprisonment for life; and the case of the State vs. Albert Musser.
charged with the murder of Louisa Stoltz. at Portland, Indiana, and which was tried in December, 1898, and resulted in his con viction and receiving a life sentence.
From the beginning of the corporate ex . istence of the county until the taking effect of the constitution of 1851, Blackford, in con- junction with all the other counties in the state, had a probate court. This court had original and exclusive jurisdiction in all matters relating to the probate of last wills and testaments, granting of letters testament- ary, of administration, and of guardianship ; of all matters relating to the settlement and distribution of decedents' estates, and the personal estates of minors; the examination and allowance of the accounts of executors and administrators, and of the guardians of minors, except where, in special cases, con- current jurisdiction was given by law to some other court. In six specified classes of cases it had concurrent jurisdiction with the cir- cuit court. Among the estates first adminis- tered on in this court were the following :
Rhoda S. Baldwin and John J. Cook, administrators of the estate of Abel Bald- win, deceased ; Lewis Shroyer, administrator of the estate of Jacob Shroyer ; James Slater, administrator of the estate of Jacob Slater .; Abraham Cassel, administrator of the estate of John Ervin, and on the resignation of Cassel, E. G. Carroll became his successor ; Thomas Markin, administrator of the es- tate of Thomas Jagdon; Mary Lan- ning. administratrix of the estate of James Lanning; Christian Palmer, admin- istrator of the estate of Henry Balsley ; William M. and Joseph C. Maddox, adminis- trators of the estate of Michael Maddox: Rhoda S. Spaulding ( formerly Baldwin) and Josephus Streeter, administrators of the
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BLACKFORD COUNTY, INDIANA.
estate of Isaac Spaulding ; Josephus Streeter, administrator of the estate of David Pierce; Hannah Smell, executrix of the last will of Peter Smell; Leonard Clouse, administrator of the estate of George Clouse; Josiah Twi- bell, administrator of the estate of Samuel Wilson; William Bowen, administrator of the estate of Thomas H. Bowen; Michael Teterich, administrator of the state of John Teterich ; Jacob Enshwiller, executor of the last will of Michael Teterich; Samuel Palm- er, administrator of the estate of Jacob Balsley. In 1849 Asher Van Cleve was appointed guardian of James E., Daniel A., William McK., Jacob E., Benjamin F. and Joshua E. Ervin, minor heirs of John Er- vin, deceased. During the first nine or ten years the attorneys conducting the bu iness in this court appear of record to have been Moses Jenkinson, Joseph W. Holliday, Thomas J. Sample, Edward G. Carroll and Geoge S. Howell. The terms of court were held every three months. The first judge of this court was Isaac Spaulding, of Mont- pelier. Upon his death, William Hadden appeared as his successor at the November term, 1846, and at the February term, 1848, Lewis Bailey succeeded to the bench and re- mained judge as long as this court con- tinted.
Under the new constitution the legislature created a new court known as the court of common pleas. It held three terms each year and had jurisdiction of the probate business and in relation to many matters had con- current jurisdiction with the circuit court. It was abolished by the legislature of 1873, and all its business transferred to the cir- cuit court.
JUSTICES' COURTS.
In the carly days the office of justice of the peace was regarded as one of a fair meas-
ure of prominence and distinction, and num- crous small controversies between neighbors were settled in the courts of those officers. All justices were called "Squires" and their courts were always open for the transaction of business. The first justices for Licking township were John Beath and James Slater, and the first in Harrison township were Franklin G. Ballwin and Thomas Markin. It is not improbable that some or all of these were in office before the county was organ- ized. The first justice for Jackson town- ship was William Cortright and the first for Washington was Jonathan Cartwright. During the first twenty-one years of the county's existence the following persons, in addition to those named, served the public in this capacity, viz: In Licking township, John J. Moreland, George W. Chinn, Lewis Bailey, Daniel H. Rose, William Taughin- baugh, John Weeks, Jacob Hedge, S. R. Shelton, Ira Casterline, Michael Cline, and John Hedge; in Harrison township, Elzy Silor, Lewis H. McGeath, Jose K. Hobson, Thomas Twibell, Charles Weaver, George J. Bruce, Amander G. Cole, Lyman Simp- son and Thomas Slater; in Jackson town- ship, James Ranson, George W. Porter, Al- fred Fuller, Robert Lanning, John Bellis and Thomas Dean; in Washington township, township, Levi C. Eastridge, Jeremiah Lock- ett, Nicholas Willman and Jacob Balsley. During the last forty years among those who have achieved some distinction an ! renown in this official station are Michael Cline, Henry Clapper, Sr., L. B. Pierce and L. O. Edson, in Licking; William Johnson, Isaac M. Ricketts, John C. Roberts, L. S. Nail and Thomas T. McGeath, in Harrison; Lewis N. Feazel and Hamilton Whitecotton, in Jackson, and Lemuel Johnson and Thomas Lillibridge in Washington.
BENCH AND BAR OF BLACKFORD COUNTY.
1
The legal profession of this county has had very slight representation on the bench. None of the probate and associate judges were lawyers. Each county had its own probate judge and its associate judges. Hlad it been otherwise and this county had been connected with any adjoining counties for the election of these officers, it is not prob- ' able that any of them would have been chos- en from Blackford county. The only inem- ber of the Blackford bar who has held the office of judge was Hon. William H. Car- roll.
Judge Carroll located in Hartford City in August, 1871, and soon became one of the must successful practicing lawyers in the circuit. The legislature, by an act approved March 3, 1885, constituted the forty-eighth judicial district of the counties of Grant and Blackford, and authorized the governor to appoint a judge in said circuit to hold until the next general election. Governor I. P. Gray conferred the appointment on Mr. Carroll, and the peculiar aptness and fitness he displayed for the responsible duties of the position eminently justified the governor's selection. Judge Carroll occupied the bench twenty months and was succeeded in No- vember, 1886, by Hon. R. T. St. John, of Marion.
The first practicing lawyers in Blackford county were Joseph S. Buckles, George S. Howell and Edward G. Carroll. Mr. Buckles came from Muncie, and while practicing law was also deputy auditor, clerk and recorder under Jacob Brugh. He did not remain here long, but returned to Muncie and was
for many years one of the leading attorneys of eastern Indiana. He was judge of the circuit court two terms and a member of the legislature. He was originally a Democrat, but became a Republican in the early part of the Civil war. He died in 1897, nearly seventy-seven years of age.
George S. Howell came here in 1840 or 1841 and engaged in the practice of law For nearly thirty years he received a fair share of the legal business of the county. He was elected to the legislature in 1848, 1852 and 1862. He was elected treasurer of the county in 1870. He died in Febru- ary, 1875, aged sixty years. He was a life- long Democrat and a man of honor and in- tegrity. His widow, whose maiden name was Amelia Rousseau, still lives in Hartford City.
/ Edward G. Carroll came here early in the '40s and engaged in the law practice with a fair measure of success, if the court rec- ords afford a safe criterion by which to judge. Ile was engaged in a large portion of the b. „iness transacted in both the cir- cuit and probate courts. He also settled a number of decedents' estates as adminis- trator. He died about 1851 and was buried in the cemetery on the south end of outlot No. I, between Kickapoo and Grant streets, but the location of his unmarked grave is now unknown.
Wellington Stewart came somewhat later than the others mentioned. He was a suc- cessful practitioner for a number of years and during the time he was here filled for brief periods the positions of prosecuting at-
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MEMBERS OF THE BLACKFORD COUNTY BAR.
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BLACKFORD COUNTY, INDIANA.
torney and clerk of the circuit court and served one term as cour y auditor, and at the close of his term, in 1851, he removed to Nevada.
Another lawyer who came at an early day was Andrew J. Neff. He was elected a representative in the legislature in 1856, and soon after the expiration of his term went to Winchester. Indiana, where he en- listed and went into the army, serving over two years in the Eighty-fourth Regiment Indiana Volunteers, in which he held the office of first lieutenant, major, lieutenant- colonel and colonel.
Abraham B, Jetmore came from Dela- ware county, Indiana, to Hartford City in 1859. and began the practice of law, being then twenty-two years of age. He was a man of unusual energy and untiring industry and was soon in the front rank of the pro- fession. In July, 1871, he re: ved to War- rensburg, Missouri, and a few years later located at Topeka, Kansas, where he has been very successful in the law practice.
William A. Bonham was admitted to the bar of the Blackford circuit court October 11, 1860, and for nearly a quarter of a cen- tury was recognized as one of the leading attorneys of the county. He was state sen- ator from the counties of Blackford and Del- aware from 1864 to 1868, and in 1876 was the Republican candidate for congress in the twelfth district, which was a strong Demo- cratic district. He was an entertaining and fluent speaker and a very sociable and genial man.
Jacob T. Wells, son of John and Sarah (Teterich) Wells, was born in Guernsey county, Ohio, October 14, 1836. He was about three years oldl when the family came to Blackford county. His education was obtained in the district schools, at Liber Col-
lege and Asbury University. He taught a few terms of school and in 1861 volunteered and served nine months as a soldier in Com- pany B, Thirty-fourth Regiment Indiana Volunteers. He came to Hartford City and studied law in the office of W. A. Bonham and entered the practice in 1867. He mar- ried Lydia Clouser, a daughter of Dr. N. D. Clouser. He practiced in Missouri a few months in 1872, and then returned to Hart- ford City. In the fall of 1876 he located at Peru, Indiana, but his health was then de- clining and he died the following summer. He was a man of fine appearance, pleasing address and engaging social qualities and had a happy faculty for securing business.
His nephew, John W. Clevenger, whe was a soldier in the Seventh Indiana Caval- ry, during its entire term of service, came here in t1 fall of 1871, and practiced until the spring of 1874, when he went to Mis- sotiri and is now a resident of Oklahoma.
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