Counties of LaGrange and Noble, Indiana : historical and biographical, Part 55

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 55
USA > Indiana > LaGrange County > Counties of LaGrange and Noble, Indiana : historical and biographical > Part 55

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).

The first buildings erected by the county were at Augusta, where a frame court house was built, which was done by the proprietors of the town as a part

HISTORY OF NOBLE COUNTY.

of the donation to the county, in consideration of the location of the county seat at that place. The building would be considered a cheap affair at this time, but when it was erected it was the pride of the people, as it was much better than any in the adjoining counties. This was completed in 1840, and the next year a wooden jail was built. There is still left a part of the cells of the old jail remaining, which is the only memento left to remind the traveler of the former greatness of Augusta. The temporary buildings erected at Port Mitchell have disappeared, and most of the town plat, as well as all of the town of Augusta, is now devoted to agricultural purposes. After the final vote on the location of the county seat, the Board of Commissioners, on the 14th day of October, 1846, made the following order : " Ordered, that James L. Worden, County Agent, proceed to advertise the letting of a court house at the new county seat of Noble County, and that he receive sealed proposals for the same until the second day of the next December term of the board, at 8 o'clock A. M." At the December term, James L. Worden reported that the lowest and best bid for the building was by Harrison Wood, William M. Clapp and David B. Herriman, and the job was accordingly let to them. They sublet to Samuel T. Clymer, of Goshen, who completed the building in 1847, and, on the 16th day of Sep- tember of that year, the Commissioners ordered the removal of the offices and records to the new court house. A jail at Albion was built in 1849. The court house was built ot a cost of $4,045. The cost of the old jail at Albion was about $1,300. This court house was burned in January, 1859, and the cir- cumstances surrounding the catastrophe leave little room for doubt that it was the work of incendiaries. The present court house was built in 1861, at a cost of $11,000, and was built by George Harvey, who now resides in Albion. In 1875, the present jail was built at a cost of over $25,000, and is as safe as it could be made, and is doubtless the finest building in the county. It contains rooms for the jailer and his family; has twelve cells, the top, bottom and each side wall being composed of a single stone eight inches in thickness, all four securely fastened together. These cells are surrounded by a hall composed of stone similar to the cells, and it would seem to be a bootless undertaking to attempt to break out. The court house is a plain, substantial building, but large enough to accommodate our courts; but the day is not distant when better accommodations will be required for the county officers, and more room for the records.

For several years after the organization of the county, the poor were sup- ported in the several townships, and those who were permanent paupers were sold out to the lowest bidder annually. This continued until finally the Com- missioners purchased a farm one and a half miles east of Albion, upon which was a house which, with some additions, was used as an asylum for the poor, and here all the paupers of the county were collected, and a superintendent chosen by the Commissioners. This continued until at last the Commissioners exchanged this farm for 160 acres, to which they have since added ninety-eight

HISTORY OF NOBLE COUNTY.

acres. In 1871, a brick building was erected on the farm capable of accommo- dating one hundred paupers. The contract price for the building was $20,500, but a record of the allowances shows that the actual cost was several thousand in excess of the contract price. The Commissioners have been fortunate in the selection of superintendents, and at the present time the farm is self-sustaining. The building is over one hundred feet in length, and fifty-four feet wide, and is two stories above the basement, and has also considerable room above the second story under the mansard roof. The foregoing comprise all the public buildings belonging to the county. It has already been stated who were elected county officers at the first election. The following persons have held the office of Clerk of the Circuit Court by virtue of election : Isaac Spencer, Westley White, William F. Engle, Nelson Prentiss, Samuel E. Alvord, James Haxby, Hiram S. Tousley, Joseph S. Cox. And Horatio M. Slack, Fielding Prickett, Luther H. Green and George B. Teal have held the office by appointment. Of those who have held this office, Westley White, William F. Engle, James Haxby and Joseph S. Cox are dead. Mr. Alvord, who was first elected in 1855, has been re-elected twice since, and now holds the office.

The persons elected as Sheriff are : James Hostetter, John Humphreys, Mason M. Meriam, Harrison Wood, William E. Bowen, Isaac Swarthout, David S. Simons, Solomon Crossley, Robison Ramsby, Moses Kiser, David Hough, Nathaniel P. Eagles, Richard Williams and William W. Riddle, the present incumbent. Of these, Hostetter, Humphreys, Meriam, Simons and Bowen are dead ; the rest, so far as is known, are living. Humphreys did not serve, but sold his claim on the office, after qualifying, to Mason M. Meriam for a shot- gun. Let it be remembered that in 1838, the date of Humphrey's election, that offices were not as valuable as at the present time. And it may be that the con- sideration for the transfer was adequate. At the organization of the county, the Clerk was Recorder and Auditor as well as Clerk, and no Recorder was chosen until 1842, when Peter Becher was elected, who died before the expiration of his term. Since that time, Henry H. Hitchcock, Henry Heltzel, John P. Mc- Williams, David S. Simons, James Greenman, John Baughman and James J. Lash have been elected. All the above except Becher, Heltzel and Simons are living; and all except Hitchcock live in Noble County. He resides in Goshen, in Elkhart County, and is cashier of the First National Bank at the latter place. The first person to collect the taxes was Henry Heltzel, who was elected in 1839, and was called tax collector. He had no office at the county seat, but went through the county and called on each tax-payer. John A. Col- erick, was the first person who was elected Treasurer by that title. Since that time the following persons have been elected and served as County Treasur- ers : John McMeans, William E. Bowen, Daniel S. Love, James M. Denny, Lewis Iddings, Isaac Mendenhall, James J. Lash, John D. Black, Daniel Keehne and Julius Lang. All these except Heltzel, Colerick and Bowen, who are dead, reside in the county. The office of Auditor has been held by the fol-

John Bowman YORK TP.

HISTORY OF NOBLE COUNTY.

lowing persons, to wit: Anson Greenman, William M. Clapp, William E. Love- ly, John Young, Horace W. Baldwin, Daniel S. Love, Eden H. Fisher, James C. Stewart and William S. Kiser. Of these, Greenman, Lovely, Bald- win and Clapp are dead, all having died in this county, and the rest are still living here.

The following is a list of Commissioners: Northern District-Abraham Pancake, Henry Hostetter, Sr., Jacob Wolf, John T. Brothwell, James Smal- ley, John Childs, J. W. Learned, Charles Law, Jacob Wolf (second election), William Imes, George W. Mummert. Southern District-Joel Bristol, Oliver L. Perry, John Fulk, Otis D. Allen, Rufus D. Keeney, H. C. Stan- ley, James W. Long, D. W. C. Denny (appointed), George Ott, James H. Gregory, J. C. Stewart, Samuel Broughton, John P. McWilliams. Mid- dle District-Zenas Wright, Thomas H. Wilson, Vincent Lane, Elihu Wads- worth, Leonard Myers, F. A. Black, Samuel Ohlwine, Orlando Kimmell, F. A. Black (appointed), William Broughton, John A. Singrey - mak- ing in all thirty-three different persons who have held the office in the county. Of these, fourteen are dead, thirteen still reside in the county and three have left the county, to wit: Myers, Gregory and Long. Long is living in Whitley County. The residence of the others is unknown. The foregoing list contains the names of all the persons who have held the offices referred to. There were some other offices of minor importance that have not been referred to, such as Coroner, School Commissioner, etc., in which the public would feel little interest. There is, however, one other county office, which at an early date did not amount to much, but which has since become second in importance to none in the county, and that is what is now called "County Superintendent of Schools," but was formerly known as "School Examiner." The Examiner at the time the county was organized was ap- pointed by the Circuit Judge, and this power remained with the Judge until the adoption of the present constitution in 1852. The first appointment was made in 1837, when Westley White, Justus C. Alvord and Nelson Prentiss were appointed School Examiners. The duties were not arduous and there was no compensation provided for. After that time, and up to 1852, various persons were appointed, but as the records of the court have been burned, it is not possible to get all the names, but the following other persons are remem- bered as having officiated in that office: Finley Stevens, G. W. Sheldon, Stephen Wildman, Samuel E. Alvord, T. P. Bicknell, D. W. C. Denny, Dr. O. J. Vincent and probably others. One thing is certain, and that is, Mr. Prentiss remained one of the Examiners from 1837 until 1868 continuously, and after retiring from the position in 1868 wås again elected in 1879 and in 1881, and now holds the office, having held it for thirty-three years, and, at the age of sixty-eight years, is discharging his duties in an acceptable manner.

After the organization of the connty in 1836, and after the first election, Hon. Samuel C. Sample, of South Bend, was sent to organize the Circuit

HISTORY OF NOBLE COUNTY.

Court and start the machinery of justice. As all the records in the Clerk's office were destroyed by fire in January, 1859, it is impossible to gather any information from that source, and hence many things that would be interesting are necessarily omitted. Judge Sample informed the writer that this meeting was in September, 1836, and that a grand jury was impaneled, who met under a large oak tree and transacted some business. On the first grand jury were Seymour Moses, William Wilmeth, George Benner, George T. Ulmer, Isaac Tibbott, Abraham Pancake and William Caldwell, and on the petit jury were Asa Brown, Henry Hostetter, Andrew Humphreys, Richard Bray, John Knight and Gideon Schlotterback. There may be others known to the old settlers who were on one of these juries, but the fact has not been made known. The grand jury returned two bills of indictment, one against Hugh Allison for assault and battery and one against J- and Mc- for larceny. Allison being present, was placed on trial and a verdict of "not guilty" was returned, when Allison treated court, jury and attorneys. The other case was not tried at that term, nor was it tried until nearly a year after. David H. Colerick, of Fort Wayne, was employed by the defendants, and being gifted as an advocate and having the ability to shed the "briny tear " at the proper time, so wrought upon the feelings of the jury that a verdict of "not guilty " was returned. But let it be remembered that the charge was stealing hogs, and every one knew that a pioneer would not steal pork unless he was hungry. This was the only court presided over in this county by Judge Sample. He was flanked on the right hand and on the left by Hon. James Latta' and Elisha Blackman, Associate Judges. Since that time the following persons have held the office of Circuit Judge: Charles W. Ewing, Judge Chase, John W. Wright, James W. Borden, E. A. McMahon, James L. Worden, E. R. Wilson, Robert Lowry, James I. Best and Hiram S. Tousley, and the Associate Judges have been Elisha Blackman, James Latta, Jacob Stage, Thomas H. Wilson, Edwin Ran- dall and David S. Simons. The office of Associate Judge having been abol- ished, none have been elected for many years. The office of Probate Judge has been held by Henry R. Burnam, Horatio M. Slack and Harrison Wood, and our Judges of the Court of Common Pleas have been Stephen Wildman, James C. Bodley, Sanford J. Stoughton and William M. Clapp.

While upon the subject of the judiciary, it is proper to speak of the distin- guished members of the bar who have been in former times, and are now, mem- bers of the bar in Noble County. Daniel E. Palmer, now residing in Angola, was the first practicing attorney who located in the county, and subsequently William M. Clapp, John W. Dawson, Horatio M. Slack and James L. Worden. Hon. Stephen Wildman located here soon after. Before any attorneys located in the county, the business was done by attorneys from La Grange, Allen and Elkhart Counties. John B. Howe, of La Grange, David H. Colerick, Henry Cooper, William H. Combs, Robert Breck- enridge, L. P. Ferry and Hugh McCulloch, of Allen, and E. M. Chamberlain,

HISTORY OF NOBLE COUNTY.

Joseph L. Jernegan and Thomas G. Harris, of Elkhart, were the principal practitioners in the court of the county prior to the year 1842. Among the distinguished attorneys who have practiced in the courts since 1842 may be mentioned ex-Gov. Samuel Bigger, Judges John Morris and Robert Lowry, of Fort Wayne; Hon. W. A. Woods, of Goshen, now one of the Judges of the Supreme Court; Hon. James I. Best, of De Kalb County ; Hon. John B. Niles, now deceased, formerly of La Porte; Hon. John H. Baker, Member of Congress for six years from this district, and his partner, Capt. J. A. S. Mitchell, and many others. The present bar of Noble County is composed of the following gentlemen : Fielding Prickett, Henry G. Zimmerman, Thomas M. Eells, James M. Denny, James S. Campbell, L. W. Welker, Thomas B. Felkner, Frank Prickett, John C. Swett, Luke Wrigley and Nelson Prentiss, all of Albion; G. W. Best, D. C. Van Camp, Daniel W. Green, Frank P. Bothwell and Harry Reynolds, of Ligonier; and A. A. Chapin, Robert P. Barr, Lucius E. Goodwin, Vincent C. Mains and Thomas L. Graves, of Ken- dallville. Among the early Judges who served in this county are to be found marked ability and the strictest integrity. Charles W. Ewing, the first Circuit Judge for this circuit, was a brilliant lawyer. He had much more than the usual mental endowments, and a thorough education, supplemented by extensive reading and study, had so developed his powers that he was a star of the first magnitude in his profession. He died comparatively young, and under circum- stances peculiarly painful, and by his own hands. What prompted the act is not known, but it is highly probable that under some severe mental strain his mind became alienated and he thus committed the act.

Judge Chase only served one or two terms, and was but little known in the county. John W. Wright, or, as he was familiarly called, "Jack," served several years, and was considered a good Judge. He was social and affable in his intercourse with all, and yet when on the Bench he maintained the dignity of the place, and some of our courts of to-day would be improved by following his example. When among the boys, he was as much of a boy as any. At a session of the court, a blackleg bought a horse of " Charley Murray," and paid for it in counterfeit coin. The word spread, and a squad was organized for pursuit. The Judge adjourned court, mounted his Indian pony, and joined in the chase, which lasted all night. The Elkhart River was crossed several times, but there were no bridges, and "Jack " was with the foremost. The counterfeiter was captured, his case given to the grand jury, and the Judge was ready to try the case. A man having imbibed too freely, and becoming bois- terous, Jack ordered the Sheriff to stop the noise, but the offender would not desist. "Take that man to jail," said the Judge. "There is no jail," replied the Sheriff. " Then," said the Judge, " take him away so far that he will not disturb the court and tie him to a tree." The order was obeyed, and quiet was restored. Judge Wright, at the time he presided over our courts lived in Logansport, and at this time is engaged in some business connected

HISTORY OF NOBLE COUNTY.

with the Government at Washington. Judge Borden presided here for several years, and gave general satisfaction. He was a politician, and has written sev- eral articles, which evince a thorough study of the principles upon which our institutions are founded. He now resides in Fort Wayne, and, during most of the time he has been a resident of Northern Indiana, has held some official posi- tion. Judge McMahon, who succeeded Borden, was at the time a resident of Fort Wayne, and discharged his duties acceptably. He was the very soul of probity and honor, and the judicial ermine was not soiled in his hands. He was a good lawyer and an impartial Judge. If living, he is in Minnesota, whither he emigrated many years ago.

Of Judge James L. Worden little need be said. He was one of the early resident attorneys of Noble County, and is well-known to most of our citizens. From the time he first pitched his tent here, until the present, his course has been steadily upward, and to-day he holds the position of the leader of the Supreme Court. His decisions are quoted wherever the principles of the common law prevail. He is quiet and unassuming in his manners, calm and deliberate in his judgment, and is generally correct in his conclusions.

E. R. Wilson, who succeeded Judge Worden, was a young man at the time of his election, residing at Bluffton. He was the reverse of Judge Worden in some respects ; he was impulsive and quick to form his conclusions, and yet the fact that his decisions generally stood the test in the Supreme Court, is the best evidence that he was correct. He was a popular officer, and yet from his peculiar temperament, was liable to make warm friends or bitter enemies. He resides at present at Madison, in this State. Judge Lowry resides at Fort Wayne, and is at present Judge of the Superior Court. He commenced the practice of the law at Goshen at an early day, and has steadily progressed un- til he is now recognized as one of the best attorneys of the State. Judge . Tousley is now, and has been since 1848, a resident of Albion, and is prob- ably as well known as any one living here. He has been identified with the in- terests in the county. At the present time he is suffering from disease. James I. Best, of De Kalb County, was elected Judge of this circuit, and discharged the duties of the position in a manner at once creditable to himself and acceptable to the people. His business, however, required his attention at home, and he re- signed the office. He was subsequently employed by the Lake Shore & Michi- gan Southern Railroad Company, as attorney for that road, but was selected as one of the Commissioners to assist the Judges of the Supreme Court, which position he now holds. All who have held the office of Associate Judges are dead, all having died in this county. They were all good men, and their lives and influence have had their effect upon the community. Harrison Wood is the last of the Probate Judges living. He resides at Ligonier, and is justly esteemed as a good citizen and an honest man. Judge Wildman is the last left in the county of the Judges of the Court of Common Pleas, Clapp and Bod- ley being dead, and Stoughton, if living, is probably in Kansas. It would be

HISTORY OF NOBLE COUNTY.

pleasing to take up and give a brief pen-portrait of each of the early attorneys who practiced here, but space forbids. For the present, a few reminiscenses of early days must suffice. We have before spoken of two indictments re- turned by the grand jury at the first court held in the county, one of which was disposed of; the other, for larceny, was continued, and a warrant issued for the defendants. The larceny charged was that of some hogs belonging to a Mr. Spangle. The defendants had been arrested before this time upon a war- rant issued by Jacob Wolf, Esq., the first Justice of the Peace of the county, who discharged the prisoners, the evidence not being sufficient to sustain the charge, in the opinion of the Justice. Hence, the case was brought before the grand jury. At a subsequent term of the Noble Circuit Court, held at the house of Richard Stone, in Sparta Township, the case was tried before a jury, and David H. Colerick was employed by the defendants. Colerick, it is said, charged $25, which, in 1837, was considered a large fee. It is true that he had to travel forty miles on horseback to attend court, and the condition of the roads made it a two days' journey. It was said that Colerick gave some instructions to the one defendant, who was considered most guilty, as to his conduct pending the trial, which was about one year after the indict- ment was returned. During this time, no razor was permitted to be used on his face, and before the trial came on, J- had a most magnificent beard, giving him quite a patriarchal appearance. The case was called, the jury im paneled, and the evidence introduced, and the Prosecuting Attorney made his plea. Colerick made one of his best efforts ; he was a good advocate, and if any man could enlist the sympathies of the jury, he could do it. Colerick presented the legal aspect of the case and claimed that, under the testimony, it was uncertain whether the offense, if any was committed, was in Noble or Kosciusko County. Having disposed of the legal question, " Uncle Dave" went in on sympathy. He drew a graphic picture of the anguish of the families of the prisoners, at the mere suspicion of the crime, and pointing to J-, who sat there the pict- ure of injured innocence, he said : "Gentlemen of the jury, look at that hon- est old Dunker who sits before you-honesty written on every line of his face- and then say if you can that he is guilty of hog stealing." Tears flowed freely from Colerick's eyes, the jury were affected, and even J- himself gave evidence that he began to think that he was innocent, and wiped his weeping eyes on the skirt of his buck-skin hunting shirt. The jury returned a verdict of "not guilty," and the defendants were happy. It is said that the case stood as follows : Spangle lost his hogs, found where they had been killed and skinned, followed the track of a sled to the cabins of the defendants, and un- der the puncheon floor found skinned pork, and upon these slight circumstances accused the defendants of the larceny of his hogs. But those days are past, and we now require stronger proof before making such grave charges.

Henry Cooper, also of Fort Wayne, was probably one of the best lawyers who came to this county. His books were his idols, and he came as near

HISTORY OF NOBLE COUNTY.

mastering the elementary works as any one could, and yet he never boasted of his knowledge. A young man, who had just commenced the study, once asked Mr. Cooper how long it would require for him to master the law. "I do not know," said Mr. Cooper; "I have been hard at work upon it for about fifty years, and just begin to see how little I know about it." A char- acter in the early days of the county was George Powers, or, as he was gen- erally called, "Old Powers." He was a pettifogger of the most offensive type, and knew little about law, but was quite a talker. Cooper thoroughly despised anything like quackery, and hence had no respect for Powers. Cooper was not a ready or fluent speaker, but was a strong logician. Meeting Powers in the hall of the court house at Augusta, he was addressed by Powers in this language: "Cooper, if I had your head, or you had my tongue, what a man would be the result." Cooper replied, "Powers, if you had my head you would know enough to keep your abusive tongue silent." Cooper was at one time a part- ner of the Hon. Reverdy Johnson, and might have stood at the head of the legal profession, but he yielded to the seduction of strong drink, and died a sad wreck of his former self. He was kind-hearted, and, in his last days, did not lack friends. Samuel Bigger, whose name has been heretofore mentioned, died in Fort Wayne in 1847. In 1840, he was the candidate on the Whig ticket for Governor, and his competitor was Gen. Tilghman A. Howard. Both were gentlemen, and together they canvassed the State, and each treated the other with the greatest courtesy. When they visited Noble County, they spoke at the house of Adam Engle, on Perry's Prairie, and stayed there overnight. In the evening, Bigger discovered a fiddle, and, taking hold of it, drew forth some fine music, which highly pleased Mr. Engle. Bigger was elected, and, after serving the State during his term, located at Fort Wayne and practiced in the courts of Noble County. At a term held at Port Mitchell, in 1845 or 1846, as the Gov- ernor was passing along, he met Engle, whom he recognized, and, ap- proaching him, extended his hand, saying, "How do you do, my old friend ?" Engle, who was quite old, did not recognize him, and replied, "Who be you ? I don't know you." "My name is Bigger," was the reply. "Bigger, Big- ger ; I don't know you," continued Engle. Bigger replied, " I stayed at your house in 1840, when I was a candidate for Governor. Do you not remember me ?" A sudden light seemed to break in, and, grasping the outstretched hand, Engle said, "Oh, yes ; I remember. You are that fiddler." The joke was too good for Bigger to keep, and so he told the story. One more partic- ular mention must close these reminiscenses of the legal profession. E. M. Chamberlain, of Elkhart County, was a regular attendant at our courts at an early day. He was a man of strong intellectual powers, and as stern and in- flexible in his devotion to the interests of his clients as it was possible for any- one to be. He respected true merit, but dishonest practices were his abhor- rence, and woe to the man who should attempt, by bribes or threats, to lead him from the path of rectitude. In person, he was tall and commanding; his

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Counties of LaGrange and Noble, Indiana : historical and biographical, Part 55

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