USA > Indiana > Greene County > Biographical memoirs of Greene County, Ind. : with reminiscences of pioneer days, Volume I > Part 12
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At the October election, 1858, Solomon Claypool was elected judge of the circuit court and held the office for six years. I. N. Pierce was elected prosecuting at- torney and held the office for two years. George W. Throop was elected district attorney for two years. Mr. Throop was born and grew to manhood in Greene coun- ty. He was a young man of great brilliancy and promise. He was a son of H. H. Throop, a member of the bar, and
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GREENE COUNTY, INDIANA.
married a daughter of H. L. Livingston, who had been a member of the bar. He removed to Greencastle, Indiana, in 1861, and entered upon the practice of his profession, and died in November, 1862, not yet having attained the high noon of life.
In 1859 Samuel H. Buskirk held court at the April term of the circuit court, under appointment from Judge Claypool. At the October term William M. Franklin acted as special prosecuting attorney. During the year William B. Squire, Henry C. Owen, John T. Smith, Wil- liam C. Andrews, William J. McIntosh, Nathan Kimball, William Blackburn, John Masters, James Jackson and Joseph W. Briggs were admitted to practice.
At the October election, 1859, John I. Milam was elected clerk. In 1860 no change was made, except John I. Milam had entered upon his term as clerk.
J. S. S. Hunter, Newton Crook, Elihu E. Rose, A. J. Axtell, John N. Drake, John Blackburn and Harry Burns were admitted to practice. At the October elec- tion Willis G. Neff was elected prosecuting attorney ; Harry Burns, district attorney ; John D. Killian, sheriff, each for the term of two years. No change occurred in the others of the court until after the election in 1862. In 1861 Jacob S. Broadwell, Samuel W. Bonnell, John B. Hanna and William S. Bays were admitted to prac- tice. In 1862 Robert R. Taylor, John R. Isenhower, Thomas Taylor, Thomas R. Cobb and Erasmus Glick
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were admitted to practice. At the October election Willis G. Neff was re-elected prosecuting attorney, Samuel W. Curtis was elected district attorney, and John D. Killian was re-elected sheriff. In 1863 Judge James A. Scott held court at the April term, under appointment of Judge Claypool. James R. Baxter was admitted to practice. In 1864 David Sheeks held court at the October term un- der appointment. W. H. Dewolfe, N. A. Rainbolt, F. H. Viche, S. H. Taylor, John M. McCoy, J. H. Louden, B. F. Havens, J. A. Gormley and James P. Rankin were admitted to practice. On the 7th day of March, 1864, Samuel R. Cavins, a member of the bar, died. He had been intimately connected with the courts as associate judge, clerk and attorney from 1829, a period of thirty- five years. He made more records than any other man in the county, and all of his business was done well. He was never defeated at an election, although in office over twenty-five years, and in a county where his party was in a minority.
At the October election, 1864, Delana R. Eckels was elected judge of the circuit court, and held the office for six years. Michael Malott was elected prosecuting at- torney. William M. Franklin was elected judge of the common pleas court. Patrick Haney was elected district attorney, William G. Moss sheriff.
THE BENNET-PATTERSON SLANDER SUIT.
The records of the courts for the years 1863 and
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GREENE COUNTY, INDIANA.
1864 bear some evidence of the strife that was then sweeping over the -country like a besom of destruction. One of the most noted cases growing out of the ani- mosities and recriminations of war times was an action for slander brought by John K. Bennett against Thomas Patterson. The charge made against Mr. Patterson was that he had called Mr. Bennett a traitor. In the begin- ning of the action J. M. Humphreys and J. R. Isenhower were attorneys for plaintiff, and William Mack and S. R. Cavins for defendant. Before the case finally terminated David Sheeks appeared as associate counsel for plaintiff and E. E. Rose and E. H. C. Cavins as attorney for de- fendant. A large number of witnesses were in attendance on each side from court to court, until at the October -term, 1864, the case was dismissed without a trial. Asa Blankenship, a disabled soldier on furlough, was indicted for murder at the April term, 1864. The difficulty which resulted in the killing grew out of the deceased hallooing "hurrah for Jeff Davis." Mr. Blankenship never re- turned to the state after being discharged from the army, and was therefore never put upon his trial. Many other minor difficulties and several law suits grew out of the troublous times. All of the judges of that period dis- couraged that class of litigation. At the April term, 1865, Delana R. Eckels appeared for the time as judge of the circuit court. On the first day of the term the fol- lowing proceedings were had and spread on record :
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DEATH OF PRESIDENT LINCOLN.
At the suggestion of the Hon, Delana R. Eckels, judge of the sixth judicial circuit of the state of Indiana, a meeting of the members of the Bloomfield bar and at- torneys attending court was held at the court house in Bloomfield on the 17th day of April, 1865, at which the following proceedings were had: On the motion of the Hon. D. W. Vorhees, Elihu E. Rose was called to the chair and J. R. Isenhower appointed secretary. On motion of J. M. Humphreys, a committee of three was appointed to draft resolutions expressive of the sense of the bar upon the assassination of Abraham Lincoln, President of the United States. The chair appointed J. M. Humphreys, E. H. Cavins and J. P. Rankin said . committee. The committee submitted the following reso- lutions, which, on motion of Michael Malott, were unani- mously adopted :
"Whereas, The members of this bar have heard of the atrocious assassination of the President of the United States, and of the attempted assassination of mem- bers of his cabinet on the 14th day of April, 1865, with feelings of the profoundest grief for the melancholy and fatal result, be it
"Resolved, That we view with apprehension and alarm the condition of the country, when the person of the chief magistrate is no longer secure from the lawless assault of murderous violence, and be it further
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GREENE COUNTY, INDIANA.
"Resolved, That in the death of Abraham Lincoln at the present juncture of our affairs, we recognize a great and overwhelming national calamity, from the evils of which we humbly implore divine providence to protect the Nation and the people, and be it further
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"Resolved, That as a tribute to the memory of the deceased President, and as an expression of our sense of the terrible affliction which has befallen the Nation, we ask that these resolutions be made a part of the records of this court.
"ELIHU E. ROSE, Chairman, "J. S. ISENHOWER, Secretary.
"On motion of the Hon. D. W. Voorhees, the meet- ing adjourned to meet at the court house in special session at seven o'clock p. m.
"Court met at seven o'clock p. m., pursuant to ad- journment.
"And now comes E. E. Rose and moves the adoption of said resolution by the court, and addressed the court in favor of the motion. And the Hon. D. W. Vorhees seconded said motion and urged its adoption, and thereupon the court fully approved said resolutions, and ordered that the proceedings of the bar and said reso- lutions be spread of record among the orders of the court, and that, through respect for the memory of the de- ceased, that the court adjourn."
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SESSION OF COURT AFTER THE WAR.
At the October term Solon Turman acted as judge, under appointment of Judge Eckels. Patrick Haney, dis- trict attorney, seldom attended court in Greene county, and his office was filled by Deputy James Rankin the first year and Harry Burns the second year. In the year 1865, Michael Malott, Joseph W. Wolfe and Madison Evans were admitted to practice. Mr. Evans was a very brilliant young man and of great promise. He after- ward met with a violent death at his home in Bedford. On the 4th day of May, 1865, Henry C. Hill, a member of the bar, died after a lingering sickness of over a year. He was a first-class lawyer for a man of his age, and before his last sickness had a large and lucrative prac- tice. He was for several years law partner of William Mack. If he had lived he would certainly have achieved great success in his profession. On the 22d of July, 1865, John J. Milam, clerk of the courts, departed this life. He had been in the clerk's office as deputy or clerk from the time he was eighteen years old. He was a remarkably efficient officer, a good business man, a prominent leader in his party, and very popular with the people. He had been elected clerk twice in succession. Francis M. Hat- field was appointed to fill the vacancy and appeared as clerk at the October term. At the October election in 1865 Col. John T. Smith was elected clerk and served
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GREENE COUNTY, INDIANA.
for four years. He had just returned from the army, in which he had served with great gallantry in a regiment that made its record for gallantry in blood, and he swept the country like a tornado, and was elected by a majority that astounded his political friends. He declined a re- election and moved upon a farm, but soon after moved to Clay county. In 1866 the officers remained unchanged until after the October election. This was Michael Ma- lott's last year as an officer of the court in Greene county. He was an able and efficient officer, and one of a long line of brilliant prosecuting attorneys of this circuit, ex- tending before and after him. He has since departed this. life. During the year John Hanna, Calvin Taylor, John P. Baird and G. D. Grismore were admitted to practice. Samuel Hammil was admitted this year or at some prior year. John Hanna had been district attorney of the United States, and was afterward member of Congress and has since died comparatively early in life. John P. Baird was as able a lawyer as the state produced. He served in the army as colonel. Soon after his admission at our bar he became insane and never recovered. He died in the insane hospital.
COURT PROCEEDINGS.
· At the October election, 1866, John S. Broadwell was elected prosecuting attorney ; John C. Robinson, dis-
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trict attorney, and Francis M. Dugger, sheriff. In 1867 Solon Turman held court under appointment of Judge Eckels. In the common pleas court John C. Robinson ap- pointed J. S. Isenhower to prosecute at the first term and Robert R. Taylor was appointed general deputy, but the deputies did not have much to do, as Mr. Robinson at- tended court more regularly than district attorneys usual- ly attended. During the year John D. Alexander ("the auburn-haired child of destiny"), Moses F. Dunn and Elias Edwards were admitted to practice.
Soon after Mr. Broadwell's term of office expired he departed this life. He was a very brilliant young man, and by his courtesy and gentlemanly bearing in his pro- fession drew to him an unusual number of earnest ad- mirers. But he was called away in the bright early morn- ing of life, barely catching a glimpse of the noontide of distinction which seemingly awaited him. In 1868 George B. Leavitt, James S. Culbertson and W. Ray Gardner were admitted to practice.
At the October election in 1868 John C. Robinson was elected prosecuting attorney for the circuit court; Harry Burns, judge of the common pleas court; C. C. Matson district attorney and F. M. Dugger was re-elected sheriff.
In 1869 no change occurred in the officers of the court. O. W. Shryer, W. I. Baker, D. W. Solliday, Cyrus F. McNutt, James B. Mulky, James Rogers, Lu-
lar
BI
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GREENE COUNTY, INDIANA.
cian Shaw and J. H. Swaar were admitted to practice. At the April term Cyrus McNutt and John D. Alexander were appointed to prosecute state cases for the term. Os- car W. Shryer, W. I. Baker and D. W. Solliday were appointed by the court to defend Patrick Brannon. W. I. Baker located at Bloomfield and after practicing his profession for several years successfully, moved west. He was a member of the firm of Isenhower & Baker, and still later of the firm of Baker & Shaw. O. W. Shryer started out into the practice very successfully, but soon retired from the practice to enter into the more lucrative business of banking. D. W. Solliday was doing a suc- cessful business, but moved to New Albany, and from there out west. Lucian Shaw continued the practice at Bloomfield with great success until 1883, when he re- moved to California and is now one of the supreme judges in that state. In 1870 W. W. Carter, W. E. Ditte- more, G. W. Bartholomew and George W. Friedley were admitted to practice.
MURDER OF JACOB SICKER.
At the April term, 1870, John Rose was tried on a charge of murder. The person killed was Jacob Sicker. The killing grew out of a family feud. The defendant was a young man not much past twenty-one years of age and the deceased was quite an old man. The first
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difficulty in the family was between Mrs. Rose, mother of John, and Mr. Sicker, who was her uncle. John came into the difficulty, as he thought, to redress an insult to his mother. The family was not related to the family of Captain Rose at Bloomfield. The case was prosecuted with great vigor and vehemence by John C. Robinson, prosecuting attorney, and Cyrus F. McNutt. The de- fense was conducted by E. E. Rose, E. H. C. Cavins and J. R. Isenhower. The main object of the defendant's at- torneys was to save the defendant's life, and to reduce the expected verdict to manslaughter. The jury found the defendant guilty of murder in the second degree and fixed his punishment at a lifetime imprisonment. After- ward judge, prosecuting attorney, most of the jury and officers of the county and a large number of citizens peti- tioned for his pardon, which was finally granted by the governor.
At the October election in 1870, William M. Frank- lin was elected judge of the circuit court for six years. John C. Robinson was re-elected prosecuting attorney ; C. C. Matson, district attorney ; David S. Whitaker, clerk ; and Henry S. Slinkard, sheriff. Mr. Whitaker had been deputy to John T. Smith, and he appointed A. J. Whita- ker and George Weatherwax as his deputies. Mr. Slink- ard appointed Daniel M. Bynum as his deputy. In 1871 Uriah Coulson, John S. Bays, John H. Buskirk, Mr. Aydelotte, W. D. Bynum, George W. Buff and Frank
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GREENE COUNTY, INDIANA.
Wilson were admitted to practice. John S. Bays was born in Greene county, was a son of William Bays, and was a-leading citizen of the county. He commenced the practice at Worthington, afterward moved to Bloom- field and formed a partnership with James R. Baxter. In 1882 he formed a partnership with Lucian Shaw, with whom he practiced until the latter part of 1883, when they left a large practice and moved to California.
THE CARIS LAND SUITS.
In 1821 Simon Caris, Sr., entered several tracts of land in Greene county, and soon after some of his chil- dren occupied a part of the lands. The lands were final- ly abandoned and they were sold for taxes and other par- ties took possession of them.
In 1872, more than fifty years after the entry, Simon Caris, Jr., and ninety other heirs of Simon Caris, Sr., liv- ing in several different states, commenced several actions for the recovery of these lands. They succeeded in recov- ering all except eighty acres.
During the year 1872 Willis G. Neff, Benjamin F. East, Ephraim Mosier, Benjamin Henderson, WV. F. Gal- limore and S. M. McGregor were admitted to practice. At the October election, 1872, C. C. Matson was elected prosecuting attorney ; Harry Burnes, judge of the com- mon pleas court ; Samuel M. McGregor, district attorney,
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and F. M. Dugger sheriff. Mr. Dugger appointed Thomas Lamb as his deputy at his first term of office, and at each succeeding term while he was in office. In 1873 the county in which C. C. Matson resided, being legislated out of the circuit that Greene county was a part of, at a special election in October A. M. Cunning was elected prosecuting attorney. The January term, 1873, was the last term of the common pleas court, the same having been abolished by the legislature. F. O. Wadsworth and A. M. Cunning were admitted to prac- tice this year.
In 1874, and the following years, there were four. terms of the circuit court each year. William M. Frank- lin continued as judge, and A. M. Cunning as prosecut- ing attorney. William Wines, Emerson Short and Sam- uel W. Axtell were admitted to practice. At the October election this year A. M. Cunning was re-elected prose- cuting attorney. David S. Whitaker was re-elected clerk, and F. M. Dugger was re-elected sheriff, it being his fourth term. The clerk and sheriff continued to avail themselves of the services of their efficient deputies. In 1875 J. S. Dean, P. H. Blue, W. S. Shirley, William Eckles, William H. Burke and Hiram Teter were ad- mitted to practice.
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THE HARDIN MURDER CASE.
At the March term of this year the grand jury re- turned an indictment against John Huey, charging him
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with the murder of Elihu Hardin, on the 30th day of December, 1874, by shooting him with a gun. A. M. Cunning, John D. Alexander and H. W. Letsinger prosecuted the case and E. E. Rose and Emerson Short appeared as attorneys for the defense. The alleged mur- dler occurred at Lyons, and grew out of an old quarrel, both parties being under the influence of intoxicating liquors. The defendant was not arrested for several years, he having fled the county, and was not tried until the Jan- nary term, 1877. The case was tried with ability on both sides and the jury failed to agree and was discharged. The prosecuting attorney then entered a nolle as to the charge of murder, and the defendant pleaded guilty to manslaughter and was sentenced to the state's prison for twenty years.
In 1876 Elijah Moss, H. W: Letsinger and W. Waggoner were admitted to practice. At the October election of this year John C. Robinson was elected judge for six years ; Samuel O. Pickens was elected prosecuting attorney, and Daniel Bynum was elected sheriff. Mr. Bynum had been deputy of Henry S. Slinkard while he was sheriff. Mr. Bynum appointed J. H. B. O'Neall and Joseph J. Sexon as his deputies.
In 1877 Wesley Coffey, William S. Greene, Edwin L. Webber, Charles G. McCord, Daniel Sherwood, Aquilla Jones, Robert G. Evans and John C. Briggs were admitted. Mr. Webber never entered regularly into prac-
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tice in Indiana, although he resided at Worthington a few years. William S. Greene located in Bloomfield in 1882, but moved west in 1883.
In 1878 William L. Cavins, Thomas H. Chapman, WV. A. Massie and George W. Osborn were admitted to practice. Thomas H. Chapman was a law student, and never entered into the practice. He was a close student and gave his whole energy and time to study. Had he lived he would have become very learned in law. It was predicted of him while he was a student that he would become an Abe Lincoln of a lawyer, but the hopes of his boyhood years were closed by an early and untimely deatlı.
At the October election, 1878, S. O. Pickens was re- re-elected prosecuting attorney, John F. Slinkard, clerk, and D. M. Bynum re-elected sheriff. A. J. Whitaker was continued as deputy clerk for the first six months, and T. T. Pringle was also appointed deputy. After the retire- ment of Mr. Whitaker George Calvert was also appoint- ed as deputy clerk, and continued during Mr. Slinkard's term of office. Mr. Bynum continued his deputies. In 1882 Mr. T. T. Pringle was appointed master commis- sioner, and discharged the duties with great skill and ability, but voluntarily retired from the office to enter the store of T. D. Huff as clerk.
In 1879 George P. Stone was admitted to practice. In 1880 Edwin C. Hartsell, James H. Hanna, Gilbert
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GREENE COUNTY, INDIANA.
Hendren, William McKee and H. J. Hostetter were ad- mitted to practice. At the October election this year John D. Alexander was elected prosecuting attorney and Joseph J. Sexon was elected sheriff. Mr. Sexon con- tinued J. H. B. O'Neall as deputy sheriff. This year an- other local member of the bar was called away by death. William Burke died on the 30th day of November, 1880. He had been living in the county only a little over three years, but had endeared himself to the members of the bar and the people, by his uniform courtesy and upright conduct.
In 1881 Joseph Phillips, John Downey, Arnold J. Padgett, John W. Ogden, John R. East, Theodore Pringle and John Wilhelm were admitted to practice. The legislature met in 1881 and changed the law regard- ing the manner of selecting juries and required the ap- pointment by the judge of two jury commissioners, one from each of two political parties that polled the largest vote in the county. At the June term, 1881, Judge Rob- inson appointed John O. Burbank and Daniel M. Bynum. At the November term, 1872, Mr. Bynum retired from the position and Daniel B. Hatfield was appointed to fill the vacancy.
In the year 1882, it seems that no attorneys were ad- mitted to practice in Greene county. At the October election this year A. M. Cunning was elected judge; J. D. Alexander was re-elected prosecuting attorney, and
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Henry Gastineau was elected clerk, and Evan A. Bon- ham, sheriff. Mr. Gastineau continued George Calvert as deputy, but he soon went into the treasurer's office as deputy. George B. Leavitt was appointed a deputy, but he preferred the duties of his farm, and soon retired. George R. Weatherwax, the efficient deputy clerk of D. S. Whitaker, discharged the duties of deputy for a while, but his health failed him and he retired. Finally D. S. Whitaker and Horace V. Fields became permanent depu- ties of Mr. Gastineau. Evan A. Bonham appointed as his principal deputy Thomas Maddux, who brought with him considerable experience in that office. The legisla- ture of 1882 changed the circuit so as to make a circuit of Sullivan and Greene counties. At the first term of court after the change was made the Bloomfield bar, in a body, made a charge on Sullivan, and were received · with "the pomp and circumstance" of hospitality, and en- tertained and banqueted with great eclat by the Sullivan bar during their entire visit. The Sullivan bar returned * in a body at the opening of the first term in Greene coun- ty, and in like manner were entertained by the Bloom- field bar.
At the June term, 1883, George W. Buff appeared as judge of the court. This year another member of the bar was called away by death. Edward R. Hartsell died in the month of October, 1883. He was, a young man just entering into the practice of his chosen profession.
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GREENE COUNTY, INDIANA.
Among the older people he was kind and courteous. Among the young, who were his associates, he was genial, talented and a great favorite. In the bright morn of life, when the future was decked with sparkling hopes and golden tints, he was suddenly called from the bar to a Bar where Judge and Advocate never err.
During the year William A. Hultz, William H. Burke, Jr., Charles E. Barrett, John T. Beazley, James A. Eaton, John. T. Hays, Arthur A. Holmes, Augustus L. Mason, John T. Wolfe, F. P. Jarrell, Jesse F. Raper, T. H. Palmer, J. E. Shipman, F. L. Buskirk, W. R. Cullep, William W. Moffitt and Theodore Menges were admitted to practice.
MEMBERS OF THE GREENE COUNTY BAR.
BLOOMFIELD.
Cyrus E. Davis. William L. Slinkard.
Henry W. Moore.
·Webster V. Moffett.
William L. Cavins.
James M. Hudson.
Minor F. Pate.
Theodore E. Slinkard.
Oscar W. Shryer.
Walter T. Brown.
Guy H. Humphreys. Harvey W. Letsinger.
William F. Gallemore. Allen Pate.
Joseph E. Housum.
E. H. C. Cavins.
Gilbert H. Hendren, Sr.
Theodore T. Pringle.
Joseph A. Phillips. 15
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BIOGRAPHICAL MEMOIRS
LINTON.
Gilbert H. Hendren, Jr.
Oscar E. Bland.
Alfred M. Beasley.
Jesse F. Weisman.
James B. Philbert.
Daniel W. McIntosh.
Lealdas S. Forbes.
Albert M. Richard.
Joseph E. McDonald.
John C. Warimer.
John W. Buck.
W. Ray Collins.
George W. Wells.
John P. Jeffries.
Camden C. Riley.
Arthur M. Grass.
JASONVILLE.
Philander Long.
August Bredeweg.
Jason A. Rogers.
Carey L. Harrell. Edward S. Bennett.
Lewis E. Letsinger.
WORTHINGTON.
George O. Sample. Earl Price.
Fred E. Dyer. Carl Smith.
LYONS.
John E. Braken.
NEWBERRY.
Claude E. Gregg.
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John A. Riddle.
Ralph H. Neely.
Joe E. Beasley.
GREENE COUNTY, INDIANA. 227
KOLEEN. . . .
Joseph E. Walton.
PARK. -
David C. Roach.
OWENSBURG.
Martin Ashcraft. Elijah Edington. 1
Circuit court begins :
Second Monday in February. Fourth Monday in April. First Monday in September.
Third Monday in November. Five weeks in a term.
BENCH AND BAR, FROM 1884 TO 1908.
The fourteenth judicial circuit, composed of the counties of Greene and Sullivan, was created by an act of the legislature in 1883. Prior to that time Greene, Owen and Morgan constituted one circuit, and Sullivan and Vigo were included in one. In the redistricting Owen and Morgan were made one circuit, Vigo county was made a circuit by itself, and Greene and Sullivan created as the fourteenth circuit. George W. Buff, of Sul- livan, had been elected judge of the old circuit of Sulli- van and Vigo. When the new crcuit was created Judge
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