USA > Indiana > Wells County > Biographical memoirs of Wells County, Indiana : embracing a comprehensive compendium of local biography, memoirs of representative men and women of the county whose works of merit have made their names imperishable, and special articles by Hugh Dougherty [et al.] > Part 8
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wards the call for volunteers was issued by President Lincoln, and young Dailey was among the first to don the soldier's blue and march away to the scene of strife. He won his way to promotion, and, but for the acci- dental discharge of his rifle, which caused a wound in his foot, causing his death, he would have had greater honors conferred upon him. The wound was not considered dangerous at first, but for lack of proper surgical care it proved mortal, and, after encountering almost insurmountable diffi- culties, his second lieutenant succeeded in accompanying his remains to his father's home. He was the first soldier who was buried with the honors of war in this county, and, although the weather was de- cidedly inclement, and the roads were al- most impassable, the people of the county were well represented at his grave to give honor to the bright young man who had so prematurely met his death. J. Sharpe Wis- ner was the son of Thomas L. Wisner and wife, who removed here from Ohio when their children were quite young. Sharpe, as he was usually called, was a bright schol- ar and won his way to precedence in his classes. He was also a practical printer, having learned the trade at the Banner of- fice. As a member of the literary society he was very efficient. Occasionally he is- sued from the Banner office a small paper which was full of witty paragraphs, and which helped to keep up the interest of the members of the society. He also followed "Old Glory" to the seat of war, and, after braving danger and privation, came home at the close of the war broken down in health. A few years later he was kissed to sleep by the death angel, and, "under the low, green tent whose curtain knows no
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outward swing," in Fairview cemetery his dust now reposes. At each returning anni- versary of Decoration day loving and loyal hands crown his resting place with God's sweet messengers of love, the fair and fra- grant flowers. J. Parrish Blacklege was a native of Marietta, Ohio, but came with his father's family to Bluffton in the early 'fifties. He was a quiet young man of ex- emplary habits and a consistent and active member of the Methodist church. He was a fluent speaker, and in his easy, gentleman- ly way he was one of the most efficient members of the literary society. Some time after the other two young men took their lives in their hands and marched away to the front, young Blacklege also volun- teered. Not long afterwards he was killed . in an engagement with the enemy, and he now "sleeps the sleep that knows no wak- ing" in an unmarked soldier's grave. Cap- tain E. Y. Sturgis was another one of the members of the literary society who donned the blue, and he is now the only one of the soldier members who is living here.
When war spread its dark pall over the country, and almost every family was rep- resented in the army, social and literary gatherings were greatly interfered with. While the men were drilling, the women were preparing and sending supplies to their absent ones, and looking after the fam- ilies of those who had lain down their lives on the field of battle. When peace again spread her white wings over this mourning country, there was a general revival of busi- ness, amusements and educational pursuits. Again throughout Wells county the halls, churches and school houses echoed with speeches, songs and music. Professional men joined the ranks, and the teachers insisted
upon their pupils devoting some time to lit- erature as well as in digging deep into the mysteries of science. Many of the teachers of the country schools took one or two terms of instruction in the Bluffton school, and became active and enthusiastic members of the flourishing literary society. Being thus impressed with the importance of a higher education, they urged their pupils to read carefully the writings of the best authors of the time. They further prompted them to write or recite in their own language the choice thoughts which they had gleaned from the printed pages. The result has been just what might have been expected. The Hoosier dialect is sel- dom heard, and backwoodsmen are few and far between.
The pulpits of today are filled by men who are not only theological scholars, but are also thoroughly familiar with current events, and possess a liberal knowledge of the writings of our most popular authors. Our pulpit teachers impress their congrega- tions as being men who believe it to be the ciuty of every one to cultivate to the utmost of his or her ability all of the talents with which the Maker of the universe has liber- ally endowed them. Their teachings are emphasized by precept and example, and they are, many of them, ready writers.
It has been very truly said that a home without a newspaper is one of literary dark- ness. To the honor of this county it can be said that there are but few homes within its boundaries where a newspaper does not find its way. These "black missionaries" cre- ate and perpetuate within the minds of their readers a desire for a more extensive knowledge of the best literature of the day. Since free rural mail delivery has been estab-
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lished, all of the up-to-date farmers are kept in touch with the times by the receipt of one or more dailies, besides weekly news- papers and magazines. A visit to the ses- sions of the Farmers' Institute discloses the fact that the farmers' families are both readers and thinkers, and that they are pro- gressing rapidly.
Of late years the public literary societies and debating clubs have been giving way to reading circles and clubs which are limited in their membership. These circles and clubs have inspired their members to pursue a course of study which has de- veloped latent literary talent that is yielding a rich harvest.
Since literature has been added to the curriculum of studies of our public schools, on the shelves of our school libraries are to be found the works of our most noted auth- ors of poetry and prose, and that they are carefully read and utilized is a fact worthy of mention. It is impossible for me to es- timate the number of volumes in the public school libraries throughout the county, but the Bluffton library alone contains over five thousand volumes. Many of these are from the McClure library, while additions are made to the new books almost every year. In reviewing the progress which has been made in literature in this county during the last half century, while it would seem to be miraculous to one of our dead and gone pioneers. it is in strict keeping with the ap- pearance of prosperity which is manifested in all of the different lines of life.
A ride over the country, where hand- some farm houses, which are supplied with ' all of the modern conveniences, have super- seded the log cabins of "lang syne," we look for and find culture within their walls.
Handsome brick school houses, supplied with all kinds of aids necessary for teaching and illustrating the topics which are taught in the public schools, dot the country here and there, and are a credit to the community which supports them. Fine, well-kept gravel roads throughout the county have superseded corduroy roads and fathomless mud holes, and it is a source of pleasure to take a drive over these pleasant thorough- fares. Farm telephones, with fuel and il- luminating gas simplifies the work and more time for reading and study is left to those who are anxious to move along with "the march of time."
With all of these outward improvements, our pastors, our teachers, our lawyers, our physicians, our business men and our me- chanics have taken Excelsior for their motto, and it is their aim and purpose to win. At each succeeding annual commence- ment of all schools throughout the county higher attainments are manifested, and our young people are making rapid strides in literary, scientific and musical advance- ment.
The pastor who rode over miles of pole- bridges to meet his appointment, and who carried his tuning fork "to pitch the tunes," and who also lined the hymns, has already passed into memory as some fragment of early history. The teacher who, besides teaching the rudimentary branches, car- ried as a close companion the rod of correc- tion, and daily illustrated his lectures by cuts upon the persons of his pupils, is now as obsolete as Ichabod Crane, who is so graphically described by Washington Ir- ving.
If, as Patrick Henry said, "we have no means of judging the future but by the
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past," we may expect much from the com- ing citizens of this county. The young peo- ple have already demonstrated their mental ability, much of which is of a high order, and which gives them rank with the young people of any county in the state of Indi- ana. It is safe to promise that in the near
future the laurels of fame will pass to the coming men and women, and that those who have won some celebrity in the literary world, and who have paved the way for greater advancement, will soon cease to shine and will be known to the world only as back numbers.
THE BENCH AND BAR.
BY HON. JOSEPH S. DAILEY.
The first term of the circuit court of Wells county convened at the residence of Robert C. Bennett, where Bluffton is now situated, in October, 1837, with the follow- ing officers : Charles W. Ewing, judge; John Swett and James R. Greer, associate judges; Bowen Hale, clerk; Isaac Covert, sheriff, and Thomas Johnson, prosecuting attorney. The first grand jury consisted of Abram McDowell, James Guthrie, James Mace, James Wright, James Cobbum, David Bennett, Christopher Miller, William Ray, William P. Davis, Henry Mace, Jere- miah Masterson, Nathaniel Batson, Isaac Dewitt, James Harvey, Isaac Wright, Isaac Lewellyn, Joseph Jones and Buell Baldwin ; the petit jurors were Joseph Sparks, John McCullick, Noah Tobey, John Seek, Newton Putnam, Allen Norcross, Andrew Brown, John Higgins, John Casebeer, Goldsmith Baldwin, Samuel Wallace, Conklin Master- son, Henry Miller, Henry Myers, Daniel Miller, John C. Whitman, James Jarrett, David Snyder, Mason Powell, William Concannon, Samuel Myers, Adam Miller, John Swett and James Greer, all of whom are now dead. The grand jurors previous to the April term, 1839, failed to present
any one for crime, but at this term Jehu T. Elliott, of New Castle, Indiana, afterwards supreme judge, appeared as prosecuting at- torney and the first indictments in the county were then found and presented and the court made the following entry in rela- tion thereto, which will be found on page 21, Minute Book A : "Ordered by the court that in all bills of indictment found at the present term of this court for assaults and batteries, betting and selling and giving spirits to Indians, the defendants be re- quired to enter into recognizance in the sum of twenty-five dollars each and security in a like sum and in all indictments for grand larceny and for suffering gaming in grocery or taverns the defendants be required to en- ter into recognizance in the sum of one hun- dred dollars each with security in like sum."
At the September term, 1839, Judge Ewing was succeeded on the bench by Hon. David Kilgore, of Muncie, afterward a speaker of the Indiana house of representa- tives and subsequently for two terms a member of congress from the "Old Burnt Dictrict." Alt this term, among others, the famous Moses Jenkinson, Judge Jeremiah Smith, of Winchester, and Judge Jacob B.
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Julian, recently of Indianapolis, were ad- mitted to practice in this court. The first criminal proceeding tried was against Asso- ciate Judge James R. Greer, who entered a plea of guilty to a charge of betting and was fined one dollar. It seems that the judges in those days dealt out justice impar- tially and in proof of this made one of their own number the first victim of the majesty of the law. At this term John Brownlee, of Grant county, since a leading member of the Marion bar, and who is now deceased, was the prosecuting attorney. The crim- inal docket contained fifty-two causes, of which forty-five were for betting, and most of the prominent citizens of the county were placed under indictment.
At the March term, 1840, the late Jere- miah Smith appeared as prosecuting attor- ney.
At the October term, 1840, the first di- vorce petition in the county was filed. Prior to that event domestic bliss and felicity seem to have reigned supreme.
At the April term, 1841, Sahuel Og- den succeeded John Swett as associate judge, and at this term John P. Greer, who departed this life at an advanced age at To- peka, Kansas, became the first resident member of the Wells county bar and was one of its leading lights until his removal from the state in 1857. The first entry in the probate docket of the county was made by William Wallace, probate judge, on No- vember 10, 1841, ordering a writ of habeas corpus for the body of one Martin Perry.
At the March term, 1842, James W. Bor- den, of Fort Wayne, succeeded to the judgeship and Lucien P. Ferry, of the same place, appeared as prosecuting attorney. Borden, though only a moderate lawyer,
was a man of fine physical proportions, an excellent conversationalist and spent the subsequent years of his life in office, having been a member of the constitutional conven- tion, judge of the court of common pleas, minister to the Sandwich Islands under Buchanan, again common pleas judge, and he died in the harness as judge of the Allen criminal court, many years ago. The court as then constituted had an equitable but ar- bitrary way of apportioning costs, and at this term, in the case of "Andy" Ferguson vs. Almon Case, where the jury found for the plaintiff in the sum of two dollars, the court ordered "that each party pay one-half the costs."
The first attorney to locate in Bluffton was James Brownlee, afterwards a prom- inent member of the Grant county bar. He was then young in years, youthful in ap- pearance and it was his first venture in the legal profession. He swung his "shingle" in the clerk's office, which was surrounded by woods with a trail leading up to it. Art- ists were scarce in those days and Mr. Brownlee painted his own sign which read as follows: "James Brownlee, Eterny at Law." It had been up but a short time when a pioneer, more scholarly than the rest, suggested that he thought there was something wrong in the orthography and upon investigation this was discovered to be true. It was then finally decided that the counsellor who could not spell the word "attorney" knew little about his profession and the youthful barrister became the sub- ject of ridicule. They made his life so un- comfortable that he "folded his tent" and sought a new field of usefulness.
At the September term, 1842, the name of Horatio M. Slack, the second resident
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attorney of Bluffton, appears of record. At this term William H. Coombs, of Fort Wayne, appeared as prosecuting attorney. After having practiced at that city for more than one-half a century, he rounded off his career by a brief service on the supreme bench of this state. During this term the judge and ex-Prosecuting Attorney Ferry were jointly indicted on the novel charge of "aiding in the escape of prisoner."
At the March term, 1843, the venerable David H. Colerick appeared as prosecuting attorney. He was at his prime, a man of excellent delivery and surpassing eloquence, and several of his sons have inherited great ability in these respects. At this term, John W. Dawson, afterward editor of the Fort Wayne Times, and subsequently governor of Utah territory, was admitted to the bar. He was a ready writer and a strong, ag- gressive man, but his pilgrimage closed more than twenty years ago. Two impor- tant events occurred at this term, the con- viction of Associate Justice Greer for violat- ing the revenue laws, and the indictment of S. G. Upton, the third resident attorney ad- mitted to the bar, for barratry, but to the credit of the fraternity let it be said that he was acquitted of the charge.
At the September term, 1843, Robert B. Turner became associate judge with Greer, and Lewis Lynn was then sheriff.
At the March term, 1844, Lysander C. Jacoby was special prosecutor. During this session Ezekiel Parker was convicted of obtaining goods under false pretense, which was the first successful prosecution of felony in the county.
At the March term, 1845, Jonathan Gar- ton, the maternal grandfather of the writer, became associate judge and continued in
this capacity with Greer until the office was abolished by the adoption of the new consti- tution in 1852. At this term James R. Slack, a Union general during the Rebellion and afterward judge of the twenty-eighth judicial circuit, acted as prosecuting attor- ney. He was a man of rugged sense and old-fashioned honesty.
At the August term, 1845, and March term, 1846, Elza A. McMahon, afterward judge of this circuit, but long a resident of Minnesota, acted as prosecuting attorney.
In 1847 Isaac Covert again became sher- iff, but with this exception the same judge and officers continued until March, 1848, when Samuel G. Upton was commissioned prosecuting attorney. He was a straight, dignified New Yorker, prematurely gray, who thought his frosty head was the re- sult of hard study, but who was never a radical lawyer. He engaged for a number of years in editing and publishing the Bluff- ton Banner, and was for a time postmaster at this place, but ended his career a number of years ago at New Orleans, Louisiana, at the advanced age of seventy-five years. In 1849 Isaac Covert retired from the shriev- alty and was succeeded by Amza White.
At the December term, 1849, James L. Worden acted as prosecuting attorney. He was born in Massachusetts in 1819, but lost his father in infancy, removed to Portage county, Ohio, when a child and was de- prived of the advantages of an early educa- tion. He was largely self-taught, and re- moved to Indiana, during his early man -. hood, where, by his real merits, he gained rapid promotions, first to the office of pros- ecuting attorney, next to the nisi prius bench, and afterward to the supreme bench of Indiana, where he remained nineteen
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years. His opinions were so much regarded that he was styled the "old reliable" and the "John Marshall" of that court.
At the March term, 1851, the accom- plished John R. Coffroth, since deceased, was admitted to practice here. Judges L. M. Ninde, William W. Carson, Jacob M. Haynes and Isaac Jenkinson were admitted at the same time, and Benedict Burns was added as the fourth resident member of the bar.
At the March term, '1852, Amza White, an original character in his day, and Arthur W. Sanford, afterward a prominent clergy- man of Marion, Indiana, were admitted to the force of local counsel. At this term James L. Worden acted as prosecuting at- torney, and in March, 1853, he produced his commission and qualified as prosecutor. William Porter was then added to the list of resident attorneys. In the earlier court practice they disposed of business in a sum- mary manner after the fashion of the old English "dusty foot" court, and while it was rough on the victim, little complaint was made of the law's delay. One notable instance of this kind was the trial of Detro and Brown, in 1851, for the larceny of horses belonging to Daniel Miller. They had taken the stolen property into Ohio. The vigilance committee got upon their trail, pursued them to near the city of Day- ton, captured the thieves with their plun- der, and recrossed the state line without the aid of a requisition, brought the captives to Bluffton, and on the day of their arrival they were indicted, tried, convicted and sentenced to the penitentiary, and on the morning of the next day the sheriff started with his prisoners to Jeffersonville to execute the judgment of the court. It
was claimed that this was done in obedience to that clause in the organic law of the state which declares that "justice shall be admin- istered speedily and without delay."
At the August term, 1853, Edwin R. Wilson, an expert and aggressive young attorney, was admitted and became a resi- dent member of the bar. Michael Miller succeeded White as sheriff, and at the Feb- ruary term, 1854, Edwin R. Wilson was prosecuting attorney.
At the February term, 1855, Edwin R. Wilson's brother, John L. Wilson, subse- quently on the common pleas bench at Mor- row, Ohio, was placed on the roll of local attorneys, and also the name of John N. Reynolds, an auctioneer and pettifogger of great tact, who "lost his grip" when he reached the circuit court.
At the August term, 1855, James L. Worden qualified as circuit judge, and in the November following. George McDow- ell, a brother of the late Hon. James F. Mc- Dowell, of Marion, succeeded Bowen Hale as clerk, the latter having retired after a service of seventeen years.
At the February term, 1857, Robert E. Hutcheson, afterward somewhat distin- guished at the Columbus, Ohio, bar, was added to the list of resident counsel, but he remained only a brief time. At this term, David T. Smith, who had been educated at Oxford, Ohio, came from Richmond to Bluffton to engage in the practice of law. He brought with him an excellent law library, and was soon in the enjoyment of a lucrative practice. In the midst of his suc- cess he became a victim for a time of chronic alcoholism, which nearly wrought his ruin. When in his cups he was given to flights of fancy in his speeches that astonished the
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natives. In his peroration after an exhaus- tive argument in defense of a client charged with a felony, he said: "Gentlemen of the jury, when this all-important trial is over, I hope I shall have the pleasure of taking my old friend and client by the hand and of congratulating him upon his escape from the just penalty of the law." On another occasion at a jubilee held on the public square, after his party had been successful in the state election, he used this significant language: "Ladies and gentlemen, our opponents in the last campaign have lied, stolen and cheated, and we have beaten them at their own game." Mr. Smith, many years before his demise, reformed, became an active member of a Christian church, was mayor of the city of Bluffton, and later a justice of the peace, and died respected and esteemed by the entire com- munity.
At the February term, 1859, Reuben J. Dawson, of Albion, Indiana, became circuit judge, James F. McDowell, subsequently a member of congress from this district and a man of charming eloquence, was admitted to the bar, and George S. Brown, a schol- arly man of fine appearance, located here and was also admitted to the bar. He subse- quently located at Huntington, Indiana, where he for a time was engaged in busi- ness with Col. L. P. Milligan, one of the finest logicians of the Wabash valley, and from there he removed to Topeka, Kansas, where, in the midst of a growing practice, he died of blood cancer. During this year, Newton Burwell, a fluent speaker, ready writer and well-read man, was admitted to the bar, and for many years was identified with much important litigation in our courts, but the hand of business adversity
was laid heavily upon him, and after follow- ing a diversity of pursuits and rowing against the tide, he at last took up the line of march and drifted to Rapid City, Da- kota. He is now engaged in the practice of his profession at Enid, Oklahoma. At this term Nicholas Van Horn commenced the practice here, but being of a somewhat no- tional disposition, he has been alternately lawyer, preacher and doctor, and is now trying his hand at a variety of vocations in Texas. During this term one of the most important criminal trials occurred that has ever transpired in the history of the county. One Moses T. Murphy, a merchant of Vera Cruz, had gone into the country for the pur- pose of procuring teams to haul wheat to Fort Wayne, and while in the woods, be- tween the residences of John Linn and Har- vey Risley, he was slain. His continued absence excited the suspicion of his family, friends and neighbors, who instituted a thorough search for him. His body was found with marks of violence upon his head. indicating that he had been felled by some blunt instrument, and upon closer inspection it was ascertained that his jugular vein was severed. A club bespattered with blood and hair was also found near the body. Sus- picion at once, whether justly or otherwise, rested upon Dr. William Freeman, who was Mr. Murphy's neighbor. He was arrested and indicted for the crime, and, after an exciting trial, was acquitted. The case was ably prosecuted by Sanford J. Stoughton, prosecuting attorney, assisted by Messrs. Ninde and Wilson, and was defended by Messrs. McDowell, Milligan and Coffroth. Edwin R. Wilson became judge at the De- cember term, 1858, and James M. Defrees, of Goshen, who long since died, prosecuting
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