USA > Indiana > Shelby County > Chadwick's History of Shelby County, Indiana, Vol. 1 > Part 18
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The name. so apt and fitting. conceived in the true spirit of the poet. was given by him who, as the lodge records show, was elected the first chancellor of the lodge; a gentleman who disclaims all poetic fire, but who, with a pro- found research in medicine. finds time as well to prosecute wide studies in history, literature and science. Doctor Lucas was, therefore. the first chan- cellor commander of Chillon Lodge, while David L. Wilson. Taylor Winter- rowd and Edward H. Chadwick were elected. respectively. the first vice- chancellor, prelate and keeper of records and seal, of the new lodge.
Joseph H. Akers was elected the first master of exchequer of the Chillon Lodge, and he continues to this day. the only master of exchequer Chillon Ledge has ever had. Rarely in the history of secret societies do we find a like exemplification of faithful stewardship of lodge funds: and rarely. too. do we find a like appreciation of faithful service as Chillon Lodge has shown in the election. year after year. of the same faithful brother to guard and conserve its lodge funds.
George H. Dunn was elected the first master of finance, and for many years he continued in that important position. He was succeeded by I.ester Clark : and later Mr. Clark was succeeded by Robert W. Buxton, the present master of finance, who for many years has served the lodge faithfully and well as a most efficient collector of dues and assessments. Milton R. Senour was elected the first master at arms of the lodge. Peter C. Akers was elected the first past chancellor of Chillon Lodge
The following members have filled the station of chancellor commander in Chillon Lodge. in order. from the institution of the lodge to the present time : John N. Lucas, physician : David L. Wilson, attorney: Taylor Winter- rowd, insurance agent : Milton R. Senour, manufacturer : Edward H. Chad- wick, lawyer : Robert W. Harrison, lawyer: John Reiver. traveling salesman ; Robet B. Hale, painter : Dr. Charles A. Tindall : Harry L. Clark, telegrapher : Rev. George W. Hagans: John G. King. factory superintendent : Frank R. Hale, evangelist : George W. Kirk, insurance agent: Lester Clark, grocer: Edward Weakley, factory operative; Frank Bass, manufacturer: Charles F. King, factory operative: Charles A. White, music dealer: Lee B. Crithers, dry goods salesman: Reuben F. Boger. teacher: Isaac O. Mann. grocer ; Robert W. Buxton, druggist : Harry C. Moore, teacher : Elmer Bassett. law- yer; Oliver D. Alsman. real estate agent: Allen Green, lumber merchant : Thomas D. Wilson, undertaker: James S. Turner. factory employe: Charles A. Pettit, furniture merchant : Julius L. Showers, secretary Building and Loan Association : Bert McDonald. Deputy Treasurer Shelby county : Wil- liam D. Stewart. factory employe: John Day DePrez, publisher Shelby Dem- ocrat ; Oliver Bassett. factory employe : Otto J. Coyle. Deputy Clerk Shelby Circuit Court : Clifford W. VanPelt. factory employe; Thomas O. Tucker, factory employe; Reinhold Reineke, factory employe; Ovid Silverthorn.
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teacher and post-office cleik : Edward C. Newton, bank clerk : Ary H. Oldham. life insurance: George W. Stubbs, bank clerk: Ralph W. Douglas, news- paper reporter.
Instituted Sentember 23. 1885. with a charter membership of twenty-five. Chillon Lodge has grown, in less than twenty-four years, to have a full membership of five hundred fifty.
At the very beginning Chillon Lodge adopted the system of paying death benefits to the widow or dependent kin of a deceased brother, one dollar for cach member of the lodge in good standing at the date of a member's death, and following this system to the present time. Chillon Lodge has paid out in death benefits to the widows and dependent kin of deceased brothers thirteen thousand sixty-nine dollars. Chillon Lodge has pursued a liberal policy in the matter of sick benefits, paying out in the course of its twenty- four years of history for sick and disability benefits and nurse hire, fully four- teen thousand dollars. Throughout most of its history Chillon Lodge has paid deatlı benefits to a brother losing a wife by death, fifty dollars being paid in each such instance, and disbursements on this account have reached the total sum of more than sixteen hundred dollars. In other forms of relief and charity. Chillon Lodge has paid cut of its exchequer more than one thousand dollars. making the total disbursements of the lodge moneys in less than twenty-four years, nearly, or quite thirty thousand dollars in relief and chari- ties alone.
Incidental to the growth of Chillon Lodge, and as an agency for the upbuilding of the lodge. Chillon Castle Hall Association was incorporated in January. 1900, with a capital stock of twenty-five thousand dollars. divided into five hundred shares of fifty dollars each. Section 1, Article II, of the Articles of Association reads as follows:
"The objects and purposes of this Association shall be to purchase. hold. use, enjoy, lease, control and convey real or personal property, or both, as such corporation may deem necessary or proper, for the purpose of erecting, furnishing, maintaining and keeping in repair. a building to be erected in the city of Shelbyville. Indiana, the upper floor of which shall be constructed and arranged for the use and occupancy of Chillon Lodge. No. 129, Knights of Pythias, of Shelbyville. Indiana, the remainder of said building to be con- structed and arranged for business and office rooms and other purposes."
Section 2, Article VI, of the Articles of Association, reads as follows:
"It is hereby agreed and declared that Chillon Lodge, No. 129, Knights of Pythias, of Shelbyville, Indiana, shall become the final beneficiary of this association, and the final owner of the building erected thereby."
The incorporators in the association were Chillon Lodge, represented by its Trustees, John G. King, Robert W. Buxton and Robert W. Harrison, and the following individuals: Edward H. Chadwick, Charles A. Tindall, George
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W. F. Kirk. Elmer Bassett, Joseph H. Akers, Arthur J. Thurston and Lester Clark, all past chancellors in Chillon Lodge, except Messrs. Akers and Thurs- ton. Chillon Lodge had saved up a fund by this time of five thousand dol- lars, and invested it in one hundred shares of the stock of said association. A large number of the members of the lodge subscribed for stock in the association, and paid the same in weekly dues of twenty-five cents per week. The association in January. 1900. completed the purchase of a plat of ground in the southwest corner of the public square in Shelbyville, sixty-six feet wide by one hundred nineteen feet long, at a cost of eight thousand dollars, and proceeded at once to erect a large three-story building thereon, letting the contract therefor immediately, at the sum of about twenty-two thousand dollars. This building was completed and ready for occupancy by March 1, 1001. It is one of the best business properties in the city of Shelbyville. bringing in an annual rental in excess of two thousand dollars. Chillon Lodge is the virtual owner of this property, and the association will soon be dissolved and the property vested legally and of record in the lodge. From rentals and lodge appropriations all stock has been redeemed except seven shares owned by the board of directors of the association. and Chillon Lodge is the owner of all other outstanding shares. An initial indebtedness of fully twenty-five thousand dollars in 1900 has been reduced to eleven thousand dollars in this year of grace. 1909.
Chillon Lodge, therefore, has been and is one of the foremost institutions in the social. fraternal and business life of the city of Shelbyville. The debt above referred to will be wiped out in a very few years if the policy heretofore followed can be adhered to, and there is no reason to believe that the pru- dential affairs of the lodge will be entrusted to hands less capable in the fu- ture than in the past. In the future as well as in the past. Chillon Lodge will stand a firm bulwark of protection and relief to many people.
A number of the members of Chillen Lodge have sought relief from lingering ailments in states and sections far removed from here: and in the various places of their sojourning. the lodge has carried on its beneficent agencies through the instrumentality of local lodges, and kindnesses, cour- tesies and friendships have met these afflicted brothers wherever they may have wandered in search of health and strength. To all the membership of Chillon Lodge it is a source of gratifying contemplation that Pythian friend- ship, charity and benevolence are so widely extended. so firmly established, so tenderly responsive to the calls of distress from all who suffer and from those who are bereft.
This chronicle must not omit a brief mention of the several Pythian lodges, which, like branches from the parent stem. have grown up in Shelby county.
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NAVARRE LODGE.
The first lodge, after Chillon Lodge, to be organized in Shelby county, was NaVarre Lodge, No. 157. instituted at Morristown. November 8. 1886. which now has a membership in excess of one hundred fifty. This lodge has been husbanding its funds and is about ready to purchase ground and erect its own Pythian building in Morristown.
FOUNTAINTOWN LODGE.
The second offshoot in Shelby county was Fountaintown Lodge, in- stituted at the town of Fountaintown. August 23, 1887, which now has a membership in excess of one hundred seventy-five. Fountaintown Lodge owns its lodge building, a commodious, well-built two-story structure.
KENTON LODGE.
The third branch from the parent stem was Kenton Lodge, No. 207. instituted at the village of Flat Rock. February 6. 1889, which has a member- ship at this time of one hundred ninety-five. Kenton Lodge owns its own castle hall. a large and fine appointed hall.
SULPHUR HILL LODGE.
The fourth Pythian colony in Shelby county was Sulphur Hill Lodge. No. 241. instituted at the village of Geneva, February 3. 1890, which now has a membership of more than one hundred eighty. This lodge has built and owns, free of debt, a large two-story brick building, with the lodge hall and appurtenant rooms on the second floor and two business rooms on the first floor.
ST. PAUL LODGE.
St. Paul Lodge has its own lodge building, a three-story brick, finely and substantially built, standing just over the Shelby county line, in Decatur county, but this lodge has always been closely affiliated with the Shelby coun- ty lodges, and was instituted largely through the efforts and encouragement of Chillon lodge. Shelby county Pythians look upon St. Paul Lodge, there- fore, as almost a Shelby county growth, and the lodge, indeed, has a large portion of its membership in Shelby county, which membership now is right at one hundred twenty-five.
NEW PALESTINE LODGE.
Though just over the line in Hancock county, this lodge was instituted April 9, 1889, and now has a membership of about one hundred twenty. It
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was instituted by Fountaintown Lodge, and may justly be placed in the galaxy of the Pythian lodges of Shelby county. It is numbered 215.
WALDRON LODGE.
Waldron Lodge was instituted in the pleasant village of Waldron, Au- gust 19. 1895, and has grown now to have a membership of about seventy- five. It has recently built for itself one of the finest brick structures in Wal- dron, two stories, in the first of which are two large, finely appointed business rooms: and on the second floor are the castle hall and appartenant rooms.
BRANDYWINE LODGE, NO. 425.
Brandywine Lodge was instituted in the town of Fairland. November 18, 1895. and now has a membership of fully one hundred twenty-five. It owns its own castle hall. with the appurtenant rooms, and has a commodious and finely appointed home.
MORAL LODGE.
Moral Lodge, No. 466, was instituted in the village of London, No- vember 28, 1898. and now has a membership of about seventy.
MARIETTA LODGE.
Marietta Lodge, No. 467, was instituted in the village of Marietta. Jan- uary 13, 1899, and now has a membership of one hundred forty-five. This lodge owns its own castle hall building, with business rooms on the first floor and commodious rooms on the second floor for the castle hall and reception and property rooms.
BLUE RIDGE LODGE.
Blue Ridge Lodge, No. 173. was instituted in the village of Cynthiana, August 10, 1899. This lodge owns its own property, a two-story frame building, having a good business room below and the lodge rooms, proper, on the second floor. It is a prosperous, substantial lodge, with a present men- bership of sixty.
Pythianism has grown, therefore, from the charter membership of Chil- lon Lodge of twenty-five, on September 23. 1885, to a membership of more than one thousand eight hundred. in this year of grace 1909, in Shelby county. The Pythian Order is by far the largest in numbers and the strongest in finan- cial standing of all the secret societies in Shelby county. The men who com- pose this large membership are good men and true, numbering many leaders in the social, church and business life of every community in Shelby county.
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Chillon Lodge has supplied two men to prominent place in the Grand Lodge of Knights of Pythias of Indiana. Dr. Charles A. Tindall attained the exalted station of Grand Chancellor of the Grand Domain of Indiana, at the October session of the Grand Lodge. 1902, and filled this station with pre-eminent credit and snecess for one year.
Edward H. Chadwick was appointed a member of the Grand Tribunal, the highest legal tribunal in the Grand Domain. in June. 1898. He resigned from this position in October. 1902, to accept the position of Grand Instructor in the administration of Grand Chancellor Tindall ; and in October. 1903, was re-appointed to a place in the Grand Tribunal, for the term of five years. which expired in June, 1909, making his term of service in the Grand Tribunal nearly ten years. His decisions are marked by the judicial spirit, and exhibit very full and careful consideration in the preparation thereof.
Dr. Charles A. Tindall is now one of the five representatives from the Grand Lodge of Indiana to the Supreme Lodge, Knights of Pythias of the World, and his official title now is "Supreme Representative Tindall."
Chillon Lodge has had, in its history, thirty-nine deaths in its member- ship: two in 1890, three in 1892. one in 1894, two in 1895, two in 1896, three in 1897, two in 1898, two in 1899. four in 1901, one in 1902, three in 1903, one in 1904. two in 1905. three in 1906, two in 1907. five in 1908. and one in 1909.
CHAPTER XIII.
BENCH AND BAR.
( By Robert W. Harrison. )
The Bench and Bar of Shelby county have a proud record of achievement and their history is of more than ordinary interest. The roll contains the names of distinguished statesmen, jurists, authors and lawyers, who have won both state and national fame.
The Shelby County Bar for ability and integrity has always stood high in the estimation of the bar of the state. This bar has the reputation of stick- ing closely to forms of practice, and making hard fights on close points of law, which is often a surprise to lawyers from other counties, who have been ac- customed to loose practice.
The stress of the profession of the law is very great. On the bench or in the ranks the law is an absorbing pursuit, and is characterized by situations that engage the whole man. The relations of lawyers to each other is pro- fessionally that of opponents. They stand against each other : they contend : and yet it is creditable to the influence of the study and pursuit of the law that these contentions do not reach the heart or become a part of the life. There is, perhaps, no one of the learned professions more characterized by liberality and kindliness of thought among its members than the profession of the law.
The attorneys and judges of this community have always taken a con- spicuous part in moulding public opinion. Their business brings them con- stantly in the "limelight." Their forum is the whole community, while other professions are confined to a small portion of the entire people. Therefore the bench and bar wield. perhaps, a greater influence over the life and destiny of the community as a whole than any other class of men.
THE BENCH.
In the first organization of the courts of the state we had three cir- cuits in Indiana where courts were held. In 1843 the number of circuits had increased to twelve.
The first courts were differently organized from what they are now. Then one judge, who was "learned" in the law was elected by the Legislature for several counties called a circuit, as the circuit or president judge, and in eash county there were two associate judges elected by the voters of the county.
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who occupied the bench with the presiding judge. The associate judges had about the same qualifications as the ordinary juror of the present day, and their decisions were usually in harmony with that of the president judge.
Those were the days when the judges and lawyers "rode the circuit" on horseback, and it was not an uncommon thing for the early judges and lawyers of this county to start out on horseback for Nashville in Brown county, or Brookville, in Franklin county, to attend the courts, which were at that time in this judicial circuit.
The first session of the Shelby Circuit Court began on the 10th day of Oc- tober. 1822, at the home of David Fisher in the town of Marion. The presi- dent judge. the Hon. William W. Wicks, was not present at this first session. and the associate judges. John Sleeth and William Goodrich, presided.
The court met at three different houses during this first session, first at the house of David Fisher, then at the house of John Summers, and finally at the house of Hiram Alldredge. The last place of meeting was in the town of Shelbyville, where the court has ever since remained.
There was very little business transacted at the first session of the Shelby Circuit Court, on account of the absence of the presiding Judge. Hiram M. Curry was appointed Prosecuting Attorney, and the following named persons constituted the first Grand Jury : Willis Law. George Goodrich, John Kennedy. Benjamin Kaster, Moses Blood. George Cutsinger. James Gregory. Jesse Beard. Abel Cole. Henry Shearer. Zadock Plummer and Zachariah Collins. Indictments were found against William Welch and John Greer, for assault and battery. Proceedings were commenced at this term to declare James Wil- son a person of unsound mind. Upon a verdict of insanity by the jury, the court appointed John. James and Francis Walker. his guardians.
The following court seal was adopted: "Twenty-five cents in silver is stamped on a white piece of paper. notched around the edges, with sealing wax under."
Abel Summers was granted a tavern license for one year for keeping tavern and selling spirituous liquors upon the payment of ten dollars.
The following allowances were made :
Each Grand Juror seventy-five cents per day.
The Associate Judges six dollars for their total services.
Hiram Alldredge and Sevier Lewis were allowed fifteen dollars for extra services in criminal causes for the year.
So ended the first session of the Shelby Circuit Court.
The second term of the Shelby Circuit Court began on the ist day of May. 1823: at the house of Hiram AAlldredge. in Shelbyville. At this time the Hon. William W. Wicks appeared as president or Presiding Judge of the fifth judicial circuit, and of the Shelby Circuit Court. On his commission was indorsed his cath of office, to the effect that he would faithfully discharge the duties of his office : that he had not since the ist day of January. 1819. either
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directly or indirectly given or accepted, or knowingly carried a challenge to any person or persons to fight in single combat with any deadly weapon. either in or out of the state of Indiana, and that he will not do so during the continuance of his term of office.
The right to appeal to private combat was formerly a part of the statute law of England's colonies in America, and remained so until the independence of our Republic, and was on the statute books of England until 1818. While it was not intended under the law that deadly weapons should be used in these combats, objection was seldom made to stretching the law to suit any emer- gency. Strange as it may seem the judges and lawyers themselves were the last to abandon this manner of settling disputes. While they were willing to try cases for their clients under the new order of things, difficulties among themselves were for many years settled by resort to the duel. Pistol practice was then an essential part of a lawyer's education. Hundreds of brilliant young lawyers who went South and West to try their fortunes were challenged by the best shots of the local bar, who wanted to remove the dangerous com- petition of their new rivals ; and many of them fell before the bullets of trained duelists.
So it became necessary to pass a law to restrain lawyers from dueling ; said law making any person who had sent, accepted, or knowingly carried a challenge to fight a duel ineligible to hold the office of Judge.
In the early history of the county two terms of court each year were suffi- cient in which to dispose of the legal business that came up for the determina- tion of the court. These terms were held in May and October.
The first civil case that appears upon the docket of the Shelby Circuit Court was entitled : "Thomas Lawrence, John F. Lawrence and Thomas G. Casey, partners, etc., vs. Abel Cole and Moses Blood, partners, etc." The ac- tion was in assumpsit, a style of proceeding that has disappeared by that name under the code practice of the new constitution. At the October term, 1823. the Grand Jury returned three indictments against John Greer for larceny. On one of these he was tried by a jury and found guilty. He was fined seventeen dollars and sentenced to one year at hard labor in the State Prison at Jeffer- sonville. This was the first jury trial in this court, and the first judgment imposing confinement in the State Prison.
The first petit jury was composed of the following named citizens: Ben- jamin Applegate, David Brown, William Cotton, William Hefflin, John An- drews, Jeremiah Campbell, Joseph Hewitt, Eber Lucas, Adam Rhoads. James Davidson, Arthur Major and Henry Gatewood. A new seal was adopted at this term as follows: "Around the edge, 'Shelby County Seal, Indiana,' in the center 'and eagle perched upon a lion.'" This seal was emblematic of the triumph of the American eagle over the British lion.
The attorneys and judges who "rode the circuit" generally stopped at
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the same house, hotel or tavern, as the case might be, and the evening's were generally spent in playing cards and telling stories, and the term of court gen- erally wound up with a drinking bout.
Some of the first sessions of the Court of Shelby County were held in a tavern, which led a local wag to remark as follows: "I practice law at two bars at the same time, but on account of the limited court business the time my face is turned toward the bar of inspiration far exceeds the time I face the bar of reparation." This place of holding court ied the President Judge to deliver some severe criticism on a portion of the Clerk's record. Among other things, he said: "The records in the order-books have been as well kept as could be expected, considering the manner the sessions of court have holden, surrounded by noise and confusion in the bar room of a tavern."
In March, 1825 Hon. Bethuel F. Morris assumed the duties of President Judge of the Fifth Circuit.
Judge Morris was succeeded by Judge Wick in 1835, and the latter by James Morrison, in August, 1839. These, of course, were President Judges.
At the February term, 1843. Hon. William J. Peaslee assumed the duties of President Judge of the Fifth Judicial Circuit. His associates on the bench were Ira Bailey and Thomas Cotton.
CHARACTER OF EARLY JUDGES.
At this point it will probably be well to take a retrospective view of the early judges who presided in the Shelby Circuit Court, as the new constitu- tion marks a new era in the judicial affairs of Indiana.
We must remember in this connection that experience teaches us all that a profound knowledge of the law is not an absolute and only requisite to the making of a good Judge. A Judge on the bench must have a judicial tempera- ment and a well balanced mind. A Judge may be a sound reasoner, erudite scholar, and thoroughly versed in the law, yet prove a failure ; while another not so well educated in the law would execute the functions of his office in such a manner as to give general satisfaction, and be pronounced by the public a first class Judge.
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