USA > Indiana > Shelby County > Chadwick's History of Shelby County, Indiana, Vol. 1 > Part 19
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William W. Wick, who was the first President Judge of the Circuit. which included Shelby county, was for many years a resident of Indianapolis. Few men were better adapted to the impartial administering of justice than Judge Wick. While he was practically a self-educated man, his mind was well stored with the principles of law, and he possessed the faculty of apply- ing the law to any combination of facts, no matter how intricate, with almost unerring accuracy. His intellect was of the highest order, and this combined with the unusually fine physique which he possessed, made him a man of irre- sistable qualities. During his time he was regarded as one of the leading men
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of the state. For a time he was postmaster of Indianapolis. Late in life he moved to Franklin to make his home with a daughter, where his death ce- curred.
The next Judge was Bethuel F. Morris, who was also a resident of In- dianapolis. Although not considered quite so able a man as his predecessor. he is remembered as one of superior ability, and an ornament to the bench.
Hon. James Morrison first assumed the duties of Judge in the Shelby Cir- cuit Court at the August term. 1839. Like his predecessors, he too-lived in Indianapolis, where he took high rank as Judge, office holder, business man and citizen. He was an accomplished gentleman, an able lawyer, and an excel- lent Judge. He was Attorney General of the state from 1855 1 1857. For a considerable time he is said to have been president of the oldl State Bank. which was one of the best conducted institutions of its kind in the United States in its day.
When in February. 1843. William J. Peaslee became President Judge. Shelby county, for the first time, was honored with the residence of its highest judicial officer. At that time he had been practicing at this bar for a period of ten years, during which time he was a constant resident of Shelbyville. He was an able and successful lawyer and had acquired an extensive practice for that day, and that too. in opposition to the more weighty and successful practi- tioners from Indianapolis and other points, who "rode the circuit." Judge Peaslee remained upon the bench until 1850. During his term the business of the courts of this county rapidly increased. and from the two terms a year the number was increased to four. As a judicial officer he was not above the average. His mind was of that active kind that nearly always took a position on every question at the first statement of it. In consequence of this his de- cisions were often partial without any intention on his part that they should be SO.
He was a man of strong convictions and his ideas were freely and public- ly expressed. The natural bias of his mind contributed to make him a better advocate than Judge.
He was a fine Latin scholar, and tock great pleasure in quoting to the members of the bar the many Latin legal phrases with which he was familiar. He was kind and considerate of the interests of the young members of the bar, and many a struggling young lawyer received generous assistance from his hands. The father of the writer of this sketch studied law in his office, and the writer has in his possession a set of Blackstone's Commentaries and several other law books that were presented to the father of the writer by Judge Peaslee.
After retiring from the bench Judge Peaslee again resumed the practice of the law and continued the practice for several years. He later took up his residence at another place. but later in life he returned to the scene of his early
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successes. The third term of Judge Wick in this county immediately sue- ceeded that of Judge Peaslee. There was considerable talk at this time of electing Thomas A. Hendricks to the place in this circuit. in fact. Judge James M. Sleeth, who was then a member of the Legislature from this county. pressed the claims of Hendricks before the Legislature, which at that time elected the Circuit Judges. But Judge Wick was too well and favorably known to be easily defeated. His abilities, too, in that direction had been tested, while there was probably some hesitancy in trying the somewhat youthful attorney. Judge Wick remained upon the bench until the ratification of the new constitu- tion.
COURTS UNDER THE NEW CONSTITUTION.
The courts of Indiana received radical changes under the new constitution. which went into effect in 1853.
Hitherto the old common law methods had been in vogue but under the new order of things the practice was much simplified and many of the long and tedicus forms were done away with.
Thenceforth all actions were to be prosecuted and defended in the names of the real parties. The famous mythical personages. John Doe and Richard Roe, were forever banished from the courts of Indiana. These were the fic- titious plaintiffs and defendants that were used in all actions to recover the pos- session of real property. These changes brought about much opposition from some of the older members of the bar throughout the state. They had studied the common law for years, until they had become imbued with its principles, and to thus have their ideals of the beauty and symmetry of the law shattered was too much for them, and many never became reconciled to the change, while some even went so far as to abandon the practice altogether.
The office of Associate Judge was abolished, and the associate judges folded away their ermine and took their final leave of the Indiana courts, leav- ing the task of supporting the scales of justice to a single Judge.
The first term of court under the new constitution held in Shelby county began in April. 1853, with William M. McCarty as Judge. Mr. McCarty was a resident of Brookville, in Franklin county. Ilis ability as a Judge can hardly be estimated, as he held the office in this county but a short time-iess than a year. As an advocate he sustained the reputation of being a good one. but it is not every good advocate that makes a good Judge.
Reuben D. Logan became the successor of Judge MeCarty in this county at the October term. 1853. His home was at Rushville, where he had earned the reputation of being a good practitioner. It was Judge Logan upon whom really fell the task of reorganizing the courts in this district, according to the code practice which went into effect on the 9th day of May. 1853. This was a matter of some difficulty. The old style of pleading was what had been
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learned by all the lawyers, and it was not an easy thing for them to immediately accommodate themselves to the new conditions. Judge Logan was not a man of more than ordinary ability, yet the fact that he continued to preside in this court until 1866, is strong evidence of his having been a man of much force of character. His was the longest term ever held by a Judge in Shelby county.
Jeremiah M. Wilson was the seventh Judge of the Shelby Circuit Court. His first term in this county began in April. 1866. At that time he lived in Connersville. Probably in Judge Wilson Shelby county had the ablest Judge that ever sat upon her bench. He was exceedingly kind and courteous to both attorneys and litigants, and in those qualities which go to make a man popular he was unexcelled. His knowledge of the law was profound, and his faculty for applying it to any given case. no matter how perplexing. con- tributed to make him one of the ablest judges of the state. Judge Wilson after- wards located at Washington, D. C .. and become one of the most eminent law- yers in the United States.
Samuel P. Oyler, who succeeded Judge Wilson, and who was his oppo- site in almost every particular, held his first term in this county, in October, 1869. He possessed a rough exterior, and was gruff in his manners. He had fair ability as a lawyer and his decisions were, in the main, correct and fair. He died at his home in Franklin a few years ago.
David B. Banta was the next Judge upon this bench and began his duties here in October, 1870. He, too, was a citizen of Johnson county and resided in Franklin. As a Judge, he was well liked by the members of the bar, and his decisions were fully up to the standard of the circuit judges. He was a good edvocate and a forcible speaker.
Kendall M. Hord, the second citizen of Shelby county to occupy the circuit bench, served as Circuit Judge two full terms. from 1876 to 1888. Judge Hord, who is still living in Shelbyville, and practicing law, has many qualities that especially fitted him for the bench. His quick discernment and judicial temperament caused his decisions in the main to stand the test well in the higher courts, although they were often rendered on the spur of the moment and without that careful investigation of the authorities and due de- liberation given by other judges.
Judge Hord was fearless on the bench and expedited the business of the court in such a manner that upon his retirement from the bench he left a record as a good Judge.
Leonard J. Hackney, who succeeded Judge Hord on the bench, was also a citizen of Shelby county. Judge Hackney was a young man of rare ability as a lawyer, and his election to the bench opened to him great opportunities as a jurist. While he was inexperienced on the bench at the start he rapidly came forward as a Judge whose decisions were respected by the lawyers and the general public.
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While on the Circuit Bench he was well liked by the members of the bar. and it was due to the efforts of the members of the Shelby county bar that he was placed on the Democratic ticket ( when a vacancy had occurred by death) for Supreme Judge. to which office he was elected in the fall of 1892. His career on the Supreme Bench of the state was marked by many able de- cisions. Some of them. however. taking a wide departure from former decisions of that court. In the main his decisions were regarded as fine expositions of the law, but some of his later decisions have been severely criticised. Mr. Hackney is now General Counsel of the Big Four Railway Company, and re- sides in Cincinnati.
The election of Judge Hackney to the Supreme bench created a vacancy in the judgeship of the Shelby Cirerit Court. Governor Chase, who had suc- ceeded to the office of Governor upon the death of Governor Hovey, appointed William A. Johnson, of Johnson county, to fill out the unexpired term of Judge Hackney on the Circuit bench.
Judge Johnson assumed the duties of his office at the December term, 1892, and while probably he was not as well qualified for the high office as some of the gentlemen of the long robe who had preceded him. he was, never- theless, careful and painstaking, and he showed marked courtesy to the mem- bers of the bar. His decisions were fair and impartial, and on his departure from the bench a bar meeting of the lawyers of Shelby county was held in his honor.
W. J. Buckingham, the successor of Judge Johnson, also hailed from Johnson county, making the fourth and last Circuit Judge from Johnson coun- ty, as the district was soon afterwards changed, making Shelby and Rush counties a circuit.
Judge Buckingham was a splendid type of physical manhood. with affable manners, which gave him the appearance of a typical judge. He gave due consideration to all court matters. He was a fair advocate and a good judge of the law, and while he was sometimes accused of being partial to certain at- torneys, the majority of the attorneys found him to be fair in all his dealings and decisions. After his term was out in Shelby and Johnson counties he was elected Judge of the new district of Johnson and Brown counties. He is still living in Franklin and is now practicing law.
Douglas Morris, of Rush county, became Judge of the district composed of Shelby and Rush counties, by reason of the change in the circuit. He was elected in the district composed of Rush and Decatur counties, but the Legis- lature having placed Rush and Shelby together, Judge Morris became our Judge. Judge Morris was a fine lawyer in civil cases, but he had no experi- ence at the time of going on the bench in criminal procedure, but he soon ac- quired the reputation of a careful and painstaking Judge. He gave an unusual amount of time to looking up authorities, in all matters that came before him.
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He was industrious and a hard worker, and often burned the "midnight oil" in his efforts to mete out justice with an impartial hand.
He finally became very active in politics in order to retain his seat on the bench. His persistent political activity and the aid and assistance he gave the opponents of the separate court bill for Shelby county, and his successful appeal to Governor Durbin to veto the bill, was disliked by his Shelby county friends. Judge Morris is now practicing law in Rushville.
Will M. Sparks, of Rush county, our present Judge, succeeded Judge Morris on the bench of this county. Judge Sparks is probably the youngest man who ever occupied the bench in this circuit. He has given eminent satis- faction as a Judge so far, and his future either as a Judge or a lawyer looks bright. He is probably the quickest and most alert Judge we ever had to expedite the business of the court.
COMMON PLEAS COURT.
At its establishment under the new constitution the Court of Common Pleas was given exclusive jurisdiction in probate matters, and the old probate courts were abolished. It had the jurisdiction of all that class of offenses which did not amount to a felony, except those over which Justices of the Peace had exclusive jurisdiction. This court also had concurrent jurisdiction with the Circuit Court in a certain class of civil cases. The Judge was ex-officio Judge of the Court of Conciliation. No attorney was allowed to appear for his client before the Court of Conciliation. The first term of the Common Pleas Court in Shelby county began on Monday, the 3d of January. 1853. Hon. James M. Sleeth was Judge. The first act of the court was to adopt a seal. The order read as follows: "It is ordered. adjudged and decreed by the court that the seal of this court shall be a circle of one and five-eighths inches in diameter, with the words engraved on the margin: "Shelby County Court of Common Pleas, Indiana.' with a device of the Goddess of Liberty and thirteen stars enclosed in the center."
Judge Sleeth was a citizen of Shelbyville. He had been a member of both the Senate and Lower House of our State Legislature. George A. Bus- kirk, of Monroe county, succeeded to the Common Pleas bench at the March term. 1861.
Oliver J. Glessner, of Shelby county, succeeded Judge Buskirk in March, 1865. ( See Memorial on Judge Glessner at the end of this sketch.)
Thomas W. Woolen, of Franklin. afterwards Attorney General of the State, was next elected to the Common Pleas Bench. His first term in the county was in November. 1868.
Richard L. Coffey, of Brown county, was the fifth and last of the Com- mon Pleas Judges in this county. He began here in November, 1870, and remained upon the bench until the court was abolished, in 1873.
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CIRCUIT JUDGES.
William W. Wick 1822 to 1826
B. F. Morris. 1826 to 1835
William W. Wick. 1835 to 1839
James Morris n 1839 to 1843
William J. Peaslee. 1843 to 1850
William W. Wick
.1850 to 1853
William M. McCarty
April, 1853. to October, I853
Reuben D, Logan 1853 to 1865
Jeremiah M. Wilson 1865 to 1868
S. P. Ovler 1868 10 1870
D. D. Banta 1870 to 1876
K. M. Hord. 1876 to 1888
L. J. Hackney 1888 to 1802
William A. Johnson 1892 to 1894
W. J. Buckingham 1894 to 1900
Douglas Morris . 1900 to 1906
Will M. Sparks 1906 to present
ASSOCIATE JUDGES.
John Sleeth and William Goodrich 1822 to 1829
John Sleeth and Joseph Dawson 1829 to 1836
John Sleeth and A. Williams. 1836 to 1843
Ira Bailey and Thomas Cotton 1843 to 1850
David Thatcher and Caville Pierce.
1850 to 1853
Office abolished in 1853.
PROBATE JUDGES.
Erasmus Powell 1822 to 1836
Jacob Kennerly 1836 to 1843
William H. Sleeth 1843 to 1850
Cyrus Wright. 1850 to 1853
COMMON PLEAS JUDGES.
James M. Slecth 1853 to 1861
George .\. Buskirk 1861 to 1865
O. J. Glessner . . 1865 to 1869
Richard L. Coffey 1869 to 1873
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THE BAR OF SHELBY COUNTY.
The first motion in the Shelby Circuit Court was made by Iliram M. Curry, asking that he, with Charles Il. Test. Calvin Fletcher, James Dulany and John .A. Brackenridge, be admitted to practice as attorneys and counsel- lors at law in this court. The record says: On producing their licenses from under the hands of two of the President Judges of the state of Indiana, per- mitting them to practice in all the Circuit and Inferior courts of the state, and after being duly sworn to support the Constitution of the United States and the state of Indiana, and to demean themselves as attorneys and counsel- lors at law to the best of their understanding while practicing in this court. thereupon are admitted to practice as attorneys and counsellors at law in this court. At the second term of court James Raridan, Oliver H. Smith, Philip Swatzer. James T. Brown and Abel Cole were admitted to the bar. This made a total of ten who had been admitted to practice law in Shelby county, while but two cases were yet upon the docket. At this time almost all the lawyers "rode the circuit" with the Judge, and took chances on picking up business. or being employed in important law suits when they arrived at the respective county seats. The journeys from county to county were long and protracted. and as there were no newspapers nor books in the cabins where they spent the nights, these lawyer circuit riders killed the time as the saying was, by tel- ling stories, in which invention as well as memory was brought into play. Many of these remarkable stories have been handed down to posterity, but some of them would not look well in print.
On the 16th day of February. 1843. the record shows that : "On motion of Mr. O'Neal. Edward Lander, Thomas .1. Hendricks and James Harrison are admitted attorneys and counsellors at law at the bar of this court, and the said Edward Lander, Thomas A. Hendricks and James Harrison, here now in person, take the several oaths required by law as such attorneys and counsellors at law."
This simple record of the admission to the bar of Shelby county of Thomas A. Hendricks marks the beginning of a great career. He represented the county in both the House and Senate of the state Legislature, was a member of the Constitutional Convention of Indiana, a member of Congress from this district, United States Senator, Commissioner of the General Land Office in Washington City, Governor of Indiana and Vice President of the United States. In this rather blatant age, when wealth is sometimes worshiped at the expense of worth, it is a pleasure to pay our tribute of praise to one who set so fine an example of modesty and courtesy. In the language of a former mem- ber of the Shelby County Bar : "It is difficult to mention the name of this emi- nent citizen of the republic without a word of tribute to his memory. We re- member his face, radiant with intelligence-his courteous and insinuating
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manners, his persuasiveness of tongue, the exquisite grace and beauty of his diction. his admirable perspicuity, dignity and precision, his happy apposite illustrations and allusions, the neatness and clearness of his expositions, his masculine and full grown robustness of mind and equally diffused intellectual health and the unassailed purity of his privte life-all contributing to excite the love and admiration of his countrymen. To the legal profession, whose honor and character he was ever ready to vindicate. he is especially endeared. Of him it may be said that, like Mr. Bushe, the great Irish lawyer. he could hand up a point of law to the court with as much grace and pliancy of gesture as if he were presenting a court lady with a fan."
Among the prominent lawyers of an early day who had a large practice in this county and were often seen here, were: Oliver H. Smith and James Raridan, of Connersville: William J. Brown and Hugh O'Neal, of Indianapo- lis; Philip Swatzer, of Columbus: Thomas D. Walpole, of Greenfield ; Judge Rymond, of Lawrenceburg: Judge Davison, of Greensburg: Asahel Hubbard and General Hackleman, of Rushville, and other interesting characters.
The Hon. Martin M. Ray is another member of our bar who is enthusi- astically remembered here for his abilities as a lawyer and his extraordinary social attractions.
One of the early features of a lawyer's life in Shelby county was what was then known as "saddle-bag practice" before the Justice of the Peace, so called because the lawyer carried his books and papers in his saddle-bags.
The Justices' court was the great forum of the young lawyer, and all of the distinguished lawyers in the early history of the county, including Hen- dricks and Ray, won their spurs in the Justice of the Peace courts. The whole country around would often gather at these trials, and in the summer time the court was often held in some grove under the spreading branches of some old oak tree, where the fiery young orator in spread-eagle style, would display his talents to the country-side. James Harrison, James B. McFadden and
Isaac O'Dell are three others of the old-time lawyers who had an extensive practice in the Justice of the Peace courts in theearly days. Among the members of the bar who have distinguished themselves as authors may be mentioned Charles Major. the author of "When Knighthood was in Flower." "Dorothy Vernon." and many other popular novels which brought to him world-wide fame and riches. Harvey H. Daugherty. a former member of this bar, is the author of "The Young Lawyer," and "Another Essay." He is also the author of some law books.
THE SHELBY COUNTY BAR ASSOCIATION.
The Shelby County Bar Association was organized in 1898. The first officers of the organization were H. C. Morrison, president : D. L. Wilson,
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manners, his persuasiveness of tongue, the exquisite grace and beauty of his diction, his admirable perspicuity, dignity and precision, his happy apposite illustrations and allusions, the neatness and clearness of his expositions, his masculine and full grown robustness of mind and equally diffused intellectual health and the unassailed purity of his privte life- all contributing to excite the love and admiration of his countrymen. To the legal profession, whose honor and character he was ever ready to vindicate, he is especially endeared. Of him it may be said that, like Mr. Bushe, the great Irish lawyer, he could hand up a point of law to the court with as much grace and plianey of gesture as if he were presenting a court lady with a fan."
Among the prominent lawyers of an early day who had a large practice in this county and were often seen here, were: Oliver H. Smith and James Raridan, of Connersville : William J. Brown and Hugh O'Neal, of Indianapo- lis; Philip Swatzer, of Columbus; Thomas D. Walpole, of Greenfield: Judge Rymond, of Lawrenceburg : Judge Davison, of Greensburg: Asahel Hubbard and General Hackleman, of Rushville, and other interesting characters.
The Hon. Martin M. Ray is another member of our bar who is enthusi- astically remembered here for his abilities as a lawyer and his extraordinary social attractions.
One of the carly features of a lawyer's life in Shelby county was what was then known as "saddle-bag practice" before the Justice of the Peace, so called because the lawyer carried his books and papers in his saddle-bags.
The Justices' court was the great forum of the young lawyer, and all of the distinguished lawyers in the early history of the county, including Hen- dricks and Ray, won their spurs in the Justice of the Peace courts. The whole country around would often gather at these trials, and in the summer time the court was often held in some grove under the spreading branches of some old oak tree, where the fiery young orator in spread-eagle style, won'd display his talents to the country-side. James Harrison, James B. McFadden and Isaac O'Dell are three others of the old-time lawyers who had an extensive practice in the Justice of the Peace courts in th cearly days. Among the members of the bar who have distinguished themselves as authors may be mentioned Charles Major, the author of "When Knighthood was in Flower." "Dorothy Vernon." and many other popular novels which brought to him world-wide fame and riches. Harvey H. Daugherty, a former member of this bar. is the author of "The Young Lawyer." and "Another Essay." He is also the author of some law books.
THE SHELBY COUNTY BAR ASSOCIATION.
The Shelby County Bar Association was organized in 1808. The first officers of the organization were IT. C. Morrison, president : D. L. Wilson,
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