Counties of LaGrange and Noble, Indiana : historical and biographical, Part 3

Author: F.A. Battey & Co
Publication date: 1882
Publisher: Chicago : Battey & Co.
Number of Pages: 976

USA > Indiana > Noble County > Counties of LaGrange and Noble, Indiana : historical and biographical > Part 3
USA > Indiana > LaGrange County > Counties of LaGrange and Noble, Indiana : historical and biographical > Part 3

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

HISTORY OF LA GRANGE COUNTY.

on. Thus, after years and centuries and, for aught we know, æons of time, many places upon the earth's surface are covered with this powdered rock. During the more recent periods, the vegetation which has flourished for cen- turies has passed through its cycles of growth, dropped to the earth and min- gled its substance with the powdered rock. Thus, by a constant intermingling of the humus (as it is called) with the disintegrated rock, we have the substance called soil.

The chemical elements of the soil differ greatly with the locality. Here, it must be known by the reader that of all the elements entering into the structure of the everlasting rock, silica is the most abundant, composing nearly one-half of the crust. It is prevalent in almost every variety of rock, and, in its pure state, is what we term "sand." The white color, or clear appearance of the sand, is owing to the characteristics of the silica. Upon examination, under a microscope of moderate power, these particles are found to be, in many instances, of crystalline form, having numerous geometrical angles. If, on the other hand, the sand is of a dirty or yellow appearance, it is owing to the quantity of iron or other coloring matter contained. Regarding the quality of the soil, the prairies, having been covered for centuries with rank vegetation, and previously submerged by the lakes that covered that portion of the surface, are covered with what is called a " black loam"-the cause of this color being the abundance of that productive quality of the soil, " humus," or vegetable mold. This, through the changes which have been wrought, has become com- pounded with the sand in small quantities, and through the agency of "sub- soiling," it has mixed somewhat with the under soil, thus rendering it highly productive. Upon what are called the "oak-openings," the soil, having a much less quantity of " humus," contains a much larger percentage of sand, consequently it is of a lighter color. Hence, with fertilizers and cropping, it is quite well adapted to the cereals, as the large portion of silica it contains enters so materially into the stalk of the grain. Scattered throughout the county are quite extensive marshes, which owe their formation to rank vegeta- ble growth and submersion after a series of years, the accumulation being so great as to form, in some instances, a thick matted stratum several feet in thick- ness. In some instances, however, several strata have been formed in the same way. In Ireland, and in numerous places in this country, these formations are numerous, and are known under the familiar name of " peat bogs." In Ire- land the poorer classes cut these bogs up into squares and rectangles, and when dry, the peat makes good fuel. When these "peat beds " have become for a long time submerged, they form coal. In earlier geological ages, when the mastodon, dinotherium, etc., flourished, they often wandered over these marshes, and, sinking into the mire, portions of their skeletons have been preserved, where they fell a victim to indiscretion, but a monument to the geologist. La Grange County lies wholly within the Bowlder Drift, or Quaternary epoch, varying from eighty to two hundred and twelve feet in thickness, approxi-

HISTORY OF LA GRANGE COUNTY.

mately. In many instances these figures are, perhaps, much modified, but by carefully examining the wells that have been sunk, and from the statements of those engaged in well-sinking, I have come to this conclusion: The clay formation is most predominant, with a little sand and clay on the top, inter- spersed with now and then a bowlder. This develops the fact that the great bulk of the recent formation is clay. Near the gravel this is often very com- pact, and is then called " hard-pan." Sometimes, in boring for water, the auger strikes a large bowlder ; in such cases, the auger must be withdrawn and another trial made in a new locality. Generally, after going through the " hard- pan," water is found in the layer of sand below. In some localities, the clay is so abundant that it has been used in the manufacture of brick, but in nearly every instance has been abandoned, as the predominance of lime rendered them inferior for building purposes. However, some brick are burned, but they are used only for rough work.

In some localities, and particularly in Van Buren Township, beds of " bog-iron ore " occur, and, as these are the most extensive of any in the county, I will describe them and their formation. They lie about a mile south- west of the village of Van Buren, in quite a low portion of that section, and covering an area of several thousand square yards. For many years after these beds were discovered, and even after they had been worked for some time, their origin was unknown. But since science has become developed, it is no longer a mystery. The wonderful chemical laboratory of nature is the scene of these mysterious transformations. The " bog ore " of Van Buren is said to contain in its purest form 70 per cent of iron, and when smelted is remarkable for its tenacity. This, together with its large percentage of iron, has, during the earlier history of the county, caused these mines to be extensively worked. Smelting works were established in Lima Township, where for some years the " ore " was prepared for the market ; but after railroads were established, and more extensive mines discovered, these sank into insignificance.

As history is the record of the past events of man, so is geology the his- tory of our planet ; and, as the monuments and traditions of past ages reveal to us the condition of humanity at particular periods, so do the rocky monuments -the fossils and the primitive sea-beach-disclose to the geologist the remains of former continents, upon whose shores the primitive ocean beat, and in whose waters there existed the animals of those epochs. Since the creation of the science of geology, these different epochs have received names which have given us a geological nomenclature, as follows: Archæan, Silurian, Devonian, Carboniferous, etc. As ours is the "Bowlder Period," the underlying rocks which crop out not far from Indianapolis are covered to the depth of many hundred feet with the drift which came from the extreme northern regions ; and so the fossils of our county are the rocky testimonials of the existence of Silurian, Devonian and Carboniferous periods of growth. Many interesting fossils have been gathered from the field, the brook, the cemetery and the hill-

HISTORY OF LA GRANGE COUNTY.

side. To many of those who have them hoarded up, they are nothing more than " curious stones," but to the geologist they are land-marks of former ages, when the conditions for existence were far different than now. Conglomerates, " pudding-stone," geodes, trilobites, different kinds of shell-fish, animals re- sembling the lobster, craw-fish, etc., are found. Of these, however, the trilo- bite, the earlier animal of the Silurian seas, is rarely found, only a few specimens having been preserved. Of the later periods, I have found a few of the minor specimens of the Jurassic and Triassic periods .* This, by noted geologists, is regarded as very remarkable; but, when we consider the fact that this period crops out in British Columbia as well as on the Rocky Mountains, it were easy to conceive of such fossils drifting, with those of other periods, to the southward. At some future time, when an opportunity presents itself, I intend to put on exhibition and publish an account of these remarkable fossils.

[Since it has been established that Northern Indiana, including La Grange County, is rich in the remains of that mysterious people known as Mound- Builders, it seems necessary to give at this point what is known of those people in this vicinity. The reader will find in Chapter I, Part II, of this volume, a complete classification of the Mound-Builders' works. Without attempting another such classification, the antiquities of La Grange County, so far as known, will be considered. It may be premised, that, from the fact that no supposi- tional military fortifications have been discovered in either of the two counties, La Grange or Noble, the territory was in the center of a large country of Mound- Builders, and not on the border, or between two or more hostile tribes. Nothing has been found here, with one possible exception, save sepulchral, sacrificial and memorial mounds. Owing to the state of the weather, the historian has been unable (as was done in Noble County) to make a personal examination of the mounds of La Grange County. However, many of those which were opened in the past by citizens of the county, who were generally careless in their exam- inations, have been made to yield up a portion of their secrets. A number of years ago, two mounds were opened on Section 13, Milford Township. A quan- tity of crumbling human bones was taken from one of them, among them being a skull quite well preserved. Some of the teeth were almost as sound as they ever were, and the under-jaw, a massive one, was especially well preserved. In the other mound was found a layer of ashes and charcoal, extending over two or three square yards of ground. This was undoubtedly a mound where sacri- fices were offered to the deity of the Mound-Builders, and where burial rites with fire were performed. On the line between Sections 20 and 29, Springfield Township, is what might have been a fortification. The writer carefully exam- ined the spot which is the summit of a gradual elevation ; but, although Mr.

* If it is really the case that Mr. Edmunds has discovered in the county rocky or fossiliferous relics of the Jurassic or Triassic periods, the discovery will certainly be of great interest to those who have made the geology of Northern Indiana a study. As the Drift, with which these relics were found, came from the north, it could only have come from those places where strata of the Jurassic or Triassic periods outcropped or were sufficiently near the sur- face to admit of being taken up, either by the glaciers, or later, by their successors-the icebergs. The Drift of this locality could scarcely have come from British Columbia or Connecticut, or Massachusetts, or further south along the Atlantic coast, as is proved by the glacial markings, which usually do not vary greatly from a north and south line. The relics may have been brought here by icebergs, which were wider travelers than the glaciers. Or, perhaps, the relics do not belong to the above-named periods after all.

Samuel Bradford

COUNTY CLERK

HISTORY OF LA GRANGE COUNTY.

George Thompson indicated the position of the alleged circular embankment, only slight traces of it were visible, and these were apparently much the result of speculation. It may have been, however, as the old settlers assert. Near the center of the level space on the summit was a large mound, at least five feet in height, in 1836. This was opened about that time, and from it were taken enough bones to indicate that more than one person had been buried there. It is said that a few trinkets, such as slate ornaments or mica, were found. In the same township, about a mile northwest of this spot, is one large mound and perhaps a smaller one. These, it is said, have not been seriously disturbed. On Section 27, Clay Township, are two mounds, large ones, which have not been subjected to exhaustive examination. The writer has been told that there are three mounds in the eastern part of Lima Township, on the farm of George Shafer. Three-quarters of a mile northwest of Lima, on the Craig farm, are three mounds, which were opened a number of years ago. The usual bones and charcoal were found, as were also various trinkets, which may be seen in the private collections of curiosities at Lima. About forty rods west of James Moony's house, in Van Buren Township, are three mounds, all of which have been opened. Human bones, slate ornaments and other trinkets were found, as was also an abundance of ashes and charcoal. There are also mounds in the vicinity of Buck, Shipshewana and Twin Lakes. The peculiar formation about Wall and other lakes is due to the agency of ice. It is thought by some that the Indians or Mound-Builders were responsible for the embankment, but no one familiar with formations of the kind will make such a declaration. Such walls are very numerous on the banks of Western lakes, especially those of Illinois and Iowa. Around some of the lakes of the latter State is a continuous chain of bowlders and gravel, which, by observation through some thirty years, was undoubtedly thrown up by the united action of ice and waves, and the pro- cess of freezing and thawing. This fact is well understood and universally admitted by geologists, in Iowa. It may be added that there are other evidences in the county of the presence in past years of the Mound-Builders aside from their mounds. Reference is made to stone or other implements or ornaments. W. H. Duff and Master George Dayton, both of Lima, and Dr. Betts, of La Grange, especially the former two, have fine collections of antiquities. Mr. Duff has nearly 300 specimens, and Master Dayton has over 400. These con- sist mainly of stone axes, mauls, hammers, celts, mortars, pestles, flint arrow and spear heads, copper knives, and copper arrow or spear heads, fleshing and skinning instruments, ceremonial stones, shuttles, and various other implements evidently used in weaving or sewing, colored slate ornaments, breast-plates of stone, ornamental charms and totems, igneous stones, many curious varieties of arrow-heads and darts, etc., etc. There have also been found in the county a few extremely rare slate or stone ornaments or implements, bone and metallic ornaments, small fragments of pottery, mica (not native), curiously carved pipes of stone or other substance, besides other articles, the uses of which are extremely doubtful. Much more might be said in detail on the same subject .- ED.]

CHAPTER II. BY J. H. RERICK, M. D.

ORGANIZATION OF THE COUNTY-THE FIRST TERM OF COURT-THE BENCH AND THE BAR-TRIALS FOR MURDER-PUBLIC BUILDINGS- REMINISCENCES OF THE EARLY LAW PRACTITIONERS-SKETCH OF THE EARLY PHYSICIANS AND THE PRACTICE OF MEDICINE-VALUABLE COUNTY STATISTICS.

F OR some years prior to 1833, the territory to be in the future called La Grange County and portions of Steuben, Noble and DeKalb Counties were attached to Elkhart County and known as the township of Mongoquinong. The county seat was at Goshen, Elkhart County, and one of the oldest living settlers was called to that place to serve upon a jury before the formation of this county. The first step toward separation was on February 2, 1832, sixteen years after the organization of the State, when Gov. Noah Noble approved the act for the organization of the county. This act provided that "from and after the 1st day of April next, all that tract of country included in the fol- lowing boundaries shall form and constitute a new county, to be known and designated by the name of the county of La Grange, to wit: Beginning at the northeast corner of Elkhart County, thence running east with the northern boundary to the range line between 11 and 12, thence south sixteen and a half miles, thence west to eastern boundary of Elkhart County, thence north with said boundary to the beginning."

Levi G. Thompson and Francis Comparet, of Allen County; W. B. Grif- fith, of St. Joseph; Peter Noland, of Delaware; and William Watt, of Union, were appointed Commissioners to "fix the seat of justice," which task they were ordered to accomplish on the second Monday of May, 1833, at the house of Moses Rice. The Commissioners were to be notified of their appointment by the Sheriff of Allen County. The same act provided that the Circuit Court and the Board of County Commissioners, when elected under the writ of elec- tion from the Executive Department, should hold their first session at the house of Moses Rice and adjourn to as near the center of the county as a convenient place could be had. It also provided that the agent appointed to superintend the sale of lots at the county seat should retain 10 per cent of the proceeds for the use of the public library. For judicial purposes, the county was attached to the Sixth Judicial District and was to be represented in the Legislature jointly with Allen County. All of the State east of La Grange and south to Townships 33 and 34, which includes Steuben County and three-fourths of De Kalb and Noble Counties, were attached to the new county for civil and judi- cial purposes. The Circuit Court was ordered to be held on the Mondays

HISTORY OF LA GRANGE COUNTY.

succeeding the courts in Elkhart County and to sit three days each term, if the business demanded so extensive a session.

The townships were organized as follows: The first division into townships was into Lima and Greenfield, May 14, 1832. The remaining townships were organized as follows: Eden, November 5, 1832; Springfield, May 4, 1834; Bloomfield, May 5, 1835; Van Buren, January 3, 1837; Newbury, March 6, 1837; Clearspring. March 6, 1837; Johnson, March 6, 1837; Milford, Sept- ember 5, 1837; Clay, September 4, 1838.

A county election was held in the spring of 1832, which resulted in the choice of the following first county officers : Joshua T. Hobbs, Clerk ; Daniel Harding, Sheriff ; Thomas Gale, Treasurer ; David St. Clair, Recorder ; Jacob Vandevanter, Edmund Littlefield and Arthur Barrows, Commissioners.

The first term of Circuit Court convened on the 22d day of October, 1832, at the home of Moses Rice. Court was called in the open air, at a con- venient place between two hay stacks, and then moved into the house. The presiding Judge was Hon. Charles H. Test, who then filled the Sixth Circuit and is now a resident of the city of Indianapolis. Joshua T. Hobbs, the first Clerk-elect, presented his commission at this term, and was qualified as Clerk. The Sheriff-elect, not having qualified, and Nehemiah Coldren, the Sheriff by appointment of the Governor, being absent, Jesse Harding, the Coroner-elect, was qualified, and took his place as Sheriff, brought into court the first Grand Jury ever assembled in the county, and was the first to make the prairies echo with the cry " Hear ye, hear ye, this Honorable La Grange Circuit Court is now in session."

The names of the Grand Jurymen were: Ebenezer Fish, Ami Lawrence, William Thrall, Isaac Wolgamott, Samuel Fish, Oliver Closson, Jonathan Gardner, Benjamin Gale, Samuel Anderson, William A. McNeal and Richard Northrop, who when sworn, the record says "retired to consult of their busi- ness." Luther Newton and Ephraim Seeley, presented their commissions as Associate Judges, who, after being qualified, took their seats with the Presiding Judge. Neal McGaff, of White Pigeon, and Samuel C. Sample, from St. Jo- seph County, were admitted as attorneys and counselors at the bar, ex gracio, for that term. Joseph Kerr and Daniel Harding were appointed bailiffs. S. C. Sample was afterward appointed Prosecuting Attorney in place of William J. Brown, the regular prosecutor, who was reported absent on account of sick- ness.

But two cases were presented for trial, both of which were continued. Moses Hill presented a petition of ad quod damnum. The writ was granted to be returned at the next term. Daniel Fox, Frederick Hamilton, Thomas P. Burnell, William Legg and Samuel Burnell, all from "old England," made application, to make oath of their intention to become citizens of the United States. The only record of allowance at this term of the court, is that to bailiffs, of $3 each.

HISTORY OF LA GRANGE COUNTY.

The first Grand Jury chosen by the Commissioners, of which we have record, was for the May term, 1834, of the Circuit Court, and consisted of the following persons : Thomas Gale, Otis Newman, John Jewett, Nehemiah Col- dren, Jonathan Gardner, John Langdon, Micayah Harding, Robert Latta, Samuel Fish, Spencer Fish, Samuel Robinson, Isaac Wolgamott, Samuel An- derson, George Egneu, Ami Lawrence, James Hostetter and John B. Clark.

The second term of the Circuit Court was held at the house of Moses Rice, commencing on the 13th day of May, 1833. Presiding Judge, Hon. Gustavus Everts ; Clerk, Joshua T. Hobbs; Sheriff, William Thrall; Prosecutor, John B. Chapman. Charles W. Ewing, Jonathan A. Liston, David H. Colerick, Samuel W. Parker, Joseph E. Jernegan, and Neal McGaffey were admitted, ex gracio, to practice at the bar at this term. The proceedings of this term make up a record of some twenty pages. Cases of assault and battery, riot and violation of the liquor license law were largely in the majority. One of the State cases was that of an indictment against a woman for retailing liquors contrary to law, on which she was found guilty and was mulcted in a fine of $2. The State cases entered on the docket, during the first three years after the or- ganization of the county, numbered about eighty, and are almost equal in num- ber with the State cases of the present time.

The first resident lawyer of the La Grange bar was John B. Howe. Mr. Howe was admitted in 1834, and had for associates at the bar, in addition to those before mentioned, Samuel C. Sample, Charles W. Ewing, Henry Cooper, Thomas Johnson, and afterward William H. Combs.

Mr. Howe says of these: "They were thoroughly-read lawyers ;" and continues : "John B. Chapman, the author of the Buffalo & Mississippi charter for a railroad running along the northern border of the State, was then Prose- cuting Attorney. Gustavus A. Everts was Presiding Judge of the Court when I was admitted to the bar, at the spring term, 1834. I had applied at the fall term previous, and was examined by Cooper and Jernegan. I failed of admis- sion upon their report, because I failed in some answers to some of the most technical questions upon that, in some aspects, most technical of all subjects, the statute of uses. I brought myself to the required standard by six months' longer study, during a portion of which time I was keeping school.

" The system of pleading at that time in use was that which prevails under the common law, and the practice of the High Court of Chancery in England ; and to show in a few words how readily all parts of the social system, even to pleading and practice in court, and conveyancing, adapt themselves to actual conditions, the common law pleading, with the exception of declarations and bills in chancery, including pleas, replications, rejoinders, rebutters, and, if need be, surrebutters, were for the most part drawn up and signed during court, and to a considerable extent in the court house. The true science of law is everywhere substantially the same, and the pleading and practice are only the machinery by which exact justice is done or attempted. Some injus-

HISTORY OF LA GRANGE COUNTY.

tice has undoubtedly been administered temporarily and unintentionally, in the use of some of the present simplified modes of pleading and practice, by adher- ing to that technicality, which was complained of in the administration of the old, the new forming no exception to the rule, that it takes time to establish and settle innovations of any kind, in whatever part of the social system they are introduced. Of all the old members of the bar, to whom I have referred, I fail to remember one who either was, or ever became, a politician, in the tech- nical sense. I came nearer than any other, except Colerick, who was a mem- ber of the General Assembly twice or more, I believe, being a member of the Senate at least one term. I was a member of the House of Representatives of the General Assembly in the "Harrison " year, 1840-41, and of the Consti- tutional Convention in J850."

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The Circuit Court President Judges, from the first organization of the county, in 1832, have been Charles H. Test, now of Indianapolis, commencing October, 1832; Gustavus A. Everts, commencing May term, 1833; S. C. Sample, commencing September term, 1836; Charles W. Ewing, commencing May term, 1837; John W. Wright, commencing April term, 1840; James Borden, commencing April term, 1842 ; Elza McMahon, commencing Septem- ber term, 1851; James L. Worden, now of Fort Wayne, commencing October term, 1855; Reuben J. Dawson, commencing March term, 1857; Edward R. Wilson, commencing March term, 1860; Robert Lowry, now of Fort Wayne, commencing March term, 1865; Hiram Tousley, commencing March term, 1867; James D. Osborne, commencing, by appointment, March term, 1875; William A. Woods, commencing December term, 1873. Judge Woods was elected to the Supreme Court of the State in 1880, and resigned his position as Judge of the Thirty-fourth Judicial Circuit. James D. Osborne, of Goshen, was appointed by the Governor to the vacancy, December, 1880.

Until the adoption of the new Constitution, each Circuit Judge had seated with him on the bench, two Associate Judges elected by the people of the county. These Associate Judges up to this time were Luther A. Newton, 1832; Ephriam Seeley, 1832; Thomas Spaulding, 1839; Samuel Wescott, 1839; Amos Davis, 1844, and Joshua T. Hobbs, 1844.

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Counties of LaGrange and Noble, Indiana : historical and biographical, Part 3

Author: F.A. Battey & Co Publication date: 1882 Publisher: Chicago : Battey & Co. Number of Pages: 976

Author: F.A. Battey & Co
Publication date: 1882
Publisher: Chicago : Battey & Co.
Number of Pages: 976