Counties of Morgan, Monroe, and Brown, Indiana. Historical and biographical, Part 2

Author: Blanchard, Charles, fl. 1882-1900, ed. cn
Publication date: 1884
Publisher: Chicago, F. A. Battey & co.
Number of Pages: 814

USA > Indiana > Brown County > Counties of Morgan, Monroe, and Brown, Indiana. Historical and biographical > Part 2
USA > Indiana > Monroe County > Counties of Morgan, Monroe, and Brown, Indiana. Historical and biographical > Part 2
USA > Indiana > Morgan County > Counties of Morgan, Monroe, and Brown, Indiana. Historical and biographical > Part 2

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The following persons entered land in the year 1822: Allen Gray, John Gray, Alexander Rowand, I. Gray, William Townsend, Josiah Townsend, Presley Buckner, James Reynolds, Jacob Cutler, Joshua Car- ter, Benjamin Cuthbert, Martin McDaniel, Isaiah Drury, William Bales, Elias Hadley, Jehu Carter, Moses Anderson, William McCracken, B. F. Beason, John H. Bray, Jesse Overman, Charles Vertreese, Jacob Jessup, Andrew Clark, Richard Day, William Ballard, Stewart Reynolds, Eli Mills, Isaac Price, John and Enoch Summers, Charles Ketchum, George Crutchfield, John Martin, Levi Plummer, David E. Allen, Benjamin Mills, Hiram Mathews, Abner Cox, William Landers, Thomas Ballard, Harris Bray, John Kennedy, Abraham Stroud, Fred Burkhart, John Buckner and John Mannon, all locating east of the meridian line except the five last named. The above lists include all who entered land in the county prior to the 1st of January, 1823. Besides these there were a comparatively few families living in the county who owned no land. They would probably equal in numbers those named above who never resided in the county, so that the above lists may be taken as showing to within a close figure the population of the county at that time. Probably 170 families resided in the county by January 1, 1823. This would repre- sent a population of about 800.

HISTORY OF MORGAN COUNTY.

THE COUNTY BEFORE ITS CREATION.

The territory comprising Morgan County was a portion of that exten- sive tract of country secured by cession from the Delaware and Miami Indians in 1818, and known as the "New Purchase." The next legal provision concerning the territory composing the county was an act of the State Legislature approved January 20, 1820, the second section of the act being as follows :

SECTION 2. That all the remaining part of the said New Purchase lying east of the Second Principal Meridian, except so much of it as has been attached to the counties of Fayette, Jackson and Wayne by former laws, and except so much of it as is attached by the first section of this act to the counties named therein, be, and the same is hereby formed into a new county, to be known by the name of Dela- ware; and all that part of the said New Purchase lying west of the Second Princi- pal Meridian be and the same is hereby formed into a new county, to be known by the name of Wabash.

This act made all of the present Morgan County east of the meridian line a part of Delaware County, and all west of that line a part of Wa- bash County. The first elections held in the county were before its crea- tion, and after the passage of the above act, or during the years 1820 and 1821, and the returns went to the county seats of Delaware and Wabash Counties respectively. It is impossible to tell where they are now, as those counties then were widely different in size, form and location from what they are at present. In 1821, the rapid settlement of the territory composing the county made it apparent to the settlers that a new county ought to be created for their benefit, and accordingly at the session of the Legislature of 1821-22 a petition from the residents was formally pre- sented, praying that such an enactment might be passed. Accordingly, the following act was introduced, passed, and approved by the Governor :

AN ACT FOR THE FORMATION OF A NEW COUNTY OUT OF THE COUNTIES OF DELAWARE AND WABASH:

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That from and after the fifteenth day of February next, all that part of the counties of Delaware and Wabash contained within the following boundaries, to wit : Begin- ning on the township line dividing Townships 10 and 11 north, where the line divid- ing Ranges 2 and 3 east cross the same ; thence west to the center of Range 2 west, of the Second Principal Meridian ; thence north nine miles ; thence west three miles to the line dividing Ranges 2 and 3 west ; thence north eleven miles to the corners of Sections 19 and 20; thence east with said line twenty-four miles to the line divid- ing Ranges 2 and 3 east ; thence south to the place of beginning, shall constitute and form a new county, to be designated and known by the name and style of the county of Morgan.

SEC. 2. That James Borland, of Monroe County ; Thomas Beazely, of Lawrence County ; Phillip Hart, of Owen County ; John Martin, of Washington County, and James Milroy, of Washington County, be and they are hereby appointed Commis- sioners for the purpose of fixing the permanent seat of justice for the said new county agreeably to the provisions of an act entitled "An act fixing the seat of justice of new counties hereafter to be laid off." The Commissioners above named, or a majority of them, shall convene at the house of John Gray, in said new county, on the first day of March next, and then proceed to discharge the duties assigned them by law.

SEC. 3. That the said new county of Morgan shall enjoy the rights, privileges and jurisdictions which to separate counties do or may properly belong.

SEC. 4. It shall be the duty of the Sheriff of Monroe County to notify the Com- missioners above named, either in person or by written notification, of their said appointment, and the Commissioners of the county of Morgan shall allow them any sum of money that they may deem just and equitable, who are hereby authorized to allow the same out of any moneys in the county treasury in the same manner other claims are paid.

HISTORY OF MORGAN COUNTY.

SEC. 5. The Circuit and other courts of the county of Morgan shall be holden at the house of Jacob Cutler, or at any other place the court may adjourn to in said county, until suitable accommodation can be had at the county seat ; and so soon as the courts of said county are satisfied that suitable accommodations can be had at the seat of justice, they shall adjourn their courts to such place in said county as shall be fixed on by said Commissioners for the seat of justice of said county, estab- lished as directed by this act.

SEC. 6. The agent, who shall be appointed to superintend the sale of lots at the county seat of the said county of Morgan, shall reserve ten per centum out of the proceeds thereof. and also of all donations to the said county, and pay the same over to such person or persons as may be appointed by law to receive the same for the use of a library for said county, which he shall pay over at such time or times as may be directed by law.

This act to take effect and be in force from and after its passage.

Approved December 31, 1821.

JONATHAN JENNINGS, Governor.

SAMUEL MILROY, Speaker of the House of Representatives. RATLIFF BOON, President of the Senate.

ORGANIZATION OF THE COUNTY.

On the 1st of January, 1822, James Bigger was commissioned Sheriff of the new county by the Governor, and empowered to call an election for four Justices of the Peace, one Clerk and Recorder, and two Associate Judges; but as he failed, in some manner, to do as directed, his com mis- sion was dropped or revoked, and Benjamin Cutler was commissioned on the 16th of January, 1822, to take his place and call the necessary elec- tion. This election was held early in 1822, with the following result : Justices of the Peace-Larkin Reynolds, Samuel Reed, James Burris and Hiram Mathews, all four of whom received commissions from the Gov- ernor, dated May 22, 1822; Clerk and Recorder-George H. Beeler ; Associate Judges-Jacob Cutler and John Gray, who were commission ed March 13, 1822.

FIRST SESSION OF THE COUNTY JUSTICES.

Prior to the year 1831, the County Board (now the three County Com- missioners) comprised all the Justices of the Peace in the county. The first County Board was the Justices elected as stated above. They met at the house of Jacob Cutler, early in June, 1822, for the transaction of busi- ness. One of the first acts was to divide the county into townships, and order an election held in each for the necessary officers. The number of townships erected at this time was four-Washington, Monroe, Ray and Harrison. James Shields was appointed Treasurer of the county, and Charles Beeler, Surveyor. The report of the Commissioners appointed by the Legislature to locate the county seat, was presented to the board at their first session, and formally accepted, and the Commissioners were paid and discharged. Nothing further can be stated regarding the early acts of the County Board, owing to the destruction of the records by fire a few years ago. This loss was a great misfortune to the county.

THE FIRST CIRCUIT COURT.

The first session of the Morgan County Circuit Court was begun at the house of Jacob Cutler, on the 25th of March, 1822, with Judge Will- iam W. Wick in the chair. He presented his commission from Gov.

HISTORY OF MORGAN COUNTY.

Jennings constituting him President Judge of the Fifth Judicial Circuit, for the period of seven years from January, 1822. On this commission was the following indorsement :

STATE OF INDIANA, THIRD JUDICIAL CIRCUIT.

Be it remembered, that on the 12th day of February, A. D. 1822, personally appeared before me, Miles C. Eggleston, President Judge of the circuit aforesaid, the within named William W. Wick, who being duly sworn according to law, took the following oaths, to wit : That he will support the Constitution of the United States, and of the State of Indiana; and that he will, to the best of his ability and judgment, discharge the duties of his office as President Judge of the Fifth Judicial Circuit of the State aforesaid faithfully; and that he has not since the 1st day of January, 1819, either directly or indirectly, knowingly given, accepted or carried a challenge to any person in or out of the said State, to fight in single combat with any deadly weapon; and that he will not knowingly give, accept or carry a chal- lenge to any person or persons to fight with any deadly weapon in single combat, either in or out of the State, during his continuance in his said office.

John Gray and Jacob Cutler produced their commissions as Associate Judges, and George H. Beeler and Benjamin Cutler produced theirs as Clerk and Sheriff respectively. Court was then declared open. The first business transacted was the adoption of a seal for the court, an im- pression of which was made on the record of the court. The next act was to admit Hiram M. Curry, Craven P. Hester and Calvin Fletcher to practice as attorneys at the court. The latter was appointed Prosecuting Attorney. Larkin Reynolds and Jonathan Williams were appointed County Commissioners to fill vacancies that had been made. Both the Clerk and the Sheriff then gave their official bonds, with satisfactory security, which were approved by the court. The first suit was a case in chancery, Jacob Cutler vs. J. M. Cox. The defendant not being a resi- dent of the State, the notice of the pendency of the suit was ordered published four weeks in the Indianapolis Gazette, notifying him that un- less he appeared at the next term of the court to answer, the complainant's bill would be taken as confessed, and acted upon accordingly. The court then adjourned.

THE SECOND CIRCUIT COURT.

This session was begun at the house of Jacob Cutler on the 23d of September, 1822, present, John Gray and Jacob Cutler, Associate Judges. It having been made manifest that a place for holding court had been pre- pared at Martinsville, the new county seat, the Judges, in accordance with the enactment for the formation and organization of Morgan County, before proceeding to business, ordered an adjournment of the court to the house of George H. Beeler, in the town of Martinsville. The court re- assembled at 1 o'clock, P. M. Daniel B. Wick and James Whitcomb were admitted to practice law at the court. The Sheriff returned the following list of Grand Jurors : Jesse Stark, Conrad Burns, Benjamin Hoffman, Jesse Mulhollen, Humphry Harris, Wilson Taylor, Thomas Lee, Joshua Taylor, John Caldwell, Solomon Tucker, James Donnard, George Crutchfield, Eli Hadley, James Shields, William Hadley, Samuel Scott, Sr., Thomas Reed and Isaiah Dressler. Stark, Mulhollen, Wilson Taylor, Caldwell, Donnard and Crutchfield were not present. Samuel Scott, Jr., and Richard Day were added to those present, and the Grand Jury thus constituted were sworn and directed to retire under the charge of Abraham Keedy, Bailiff. The first case at this session was William

HISTORY OF MORGAN COUNTY.

Cooley vs. Jesse Smith, trespass vi et armis. The plaintiff was given time to amend his declaration. The next case was the State of Indiana vs. Edward Applegate, recognizance to keep the peace. The defendant's 'attorneys moved to quash the indictment, but after a spirited discussion the motion was overruled, and Mr. Applegate was ordered to enter into bonds at $100 to keep the peace toward Gideon Wells. The next case was of the same nature, but William Pumroy was discharged from enter- ing into bonds to keep the peace toward Brice Witcher, whose fears were declared to be groundless. Ten cases came before the court at this session, of the following character, in the order named : Assault and battery, recog- nizance to keep the peace, same, chancery, same, assault and battery, pe- tition for divorce (Rachel Morrison vs. Thomas Morrison), covenant and assault and battery. Each Grand Juror was ordered paid 75 cents per day, and the bailiff the same. Christopher Ladd was granted a license to keep tavern at Port Royal. John Tiffany produced his commis- sion as Coronor of the county, and Thomas L. Galpin, his as Sheriff. The Grand Jury returned the following " True Bills : " Against James Stotts, Sr., for assault and battery ; against John L. Johnston and Joel Stroud for affray ; against Larkin Johnson and Michael Dittemore for affray, and against George W. Preston for retailing liquor without a license. The court then adjourned.

THE THIRD CIRCUIT COURT.

This was begun at the court house in Martinsville, on the 1st day of April, 1823, before Judge Wick, and John Gray and Jacob Cutler, Asso- ciate Judges. Cephus D. Morris, Harvey Gregg, John Adams, Brecken- ridge Smith, Bethuel F. Morris, Elkin Nayler and Isaac Nayler were ad- mitted to practice law before the court. Thirty cases came before the court at this session, the greater number being for assault and battery. The Grand Jury returned eight " True Bills." The first Petit Jury were summoned at this session to try the case of the State vs. G. W. Pres- ton, for retailing liquor without a license. These men were Abner Cox, James Linn, Isaac D. Koffman, William Gregory, Henry Pence, Joseph Aulton, James Hadley, Thomas Reed, Jesse Rooker, Larkin Reynolds, Humphrey Harris and William Townsend. The defendant was found guilty, and damages were fixed at $2 and costs of suits. The plaintiff moved an arrest or stay of judgment on such a verdict, which was granted, and he was discharged. John Stipp was appointed to fill a va- cancy in the Board of Commissioners. Joshua Taylor was granted a li- cense to keep tavern. J. A. Breckenridge was appointed Prosecuting Attorney, vice Fletcher, who was unwell. John Sims was granted a license to keep tavern in Martinsville.

SUBSEQUENT CIRCUIT COURT ITEMS.

The October session, 1823, was held at the house of G. H. Beeler. Judges Wick, Gray and Cutler were present. Edgar A. Wilson and Daniel Goodwin were admitted to the bar, and Christopher Ladd was licensed to keep tavern at Port Royal. In March, 1824, the court con- vened at the court house. Gabriel J. Johnson and Hiram Brown

HISTORY OF MORGAN COUNTY.

were admitted to the bar. In 1823, Edgar A. Wilson was admitted, also Daniel Goodwin ; Hiram Burris in 1824; T. F. G. Adams, Michael G. Bright and Philip Sweetzer, 1824; James Braman, Andrew C. Griffith, W. W. Wick and Hiram Brown and Henry Hurst in 1825; Henry P. Coburn, James Forsee, Benjamin Bull and William Herrod in 1826 ; James Morrison in 1829; Tilman A. Howard in 1831; G. F. Waterman and W. O. Ross, 1832; Ovid Butler, 1835; John Hutchen and Mason Hulett in 1837 ; Harvey Brown, 1838; Henry Seacrest and Algernon S. Briggs, 1839.

THE FIRST PROBATE COURT.

The first session of this court was begun at the house of George A. Preston on the 2d of May, 1822, before Jacob Cutler and John Gray, Associate Judges of the Circuit Court, who proceeded to appoint Jonathan Watkins as County Commissioner to fill the vacancy occasioned by the resignation of Larkin Reynolds. No other business was transacted at this session.

At the September session, 1822, before the same Judges, the first bus- iness was the issuance of a citation against Edward Applegate, guardian of the infant heirs of Isaac Hollingsworth, deceased, commanding him to appear on a certain day to exhibit a true inventory of all the " goods and chattels, lands and tenements " of the deceased. Nancy Smith and John Reed were summoned as witnesses. This court was held at the house of Jacob Cutler. Nothing else was done until the 30th of September, when Mr. Applegate appeared and presented the following inventory of the goods, etc., of Hollingsworth, deceased :

" Four promissory notes, aggregating $132.75; four head of horses, eight head of milk cows, two head of steers, one heifer, four yearlings, five calves, feathers for two beds, three coverlids, five bed quilts, two sheets, nine delf plates, pewter plates, dishes and spoons, one earthern pitcher, one tin coffee pot, tea cups and saucers, one shovel-plow and two hoes, a number of hogs, two metal pots, one drawer knife, one pigon and churn, one small wheel, two weaving slays, two bells, two empty barrels, one rifled gun, one dutch oven, two chairs, one man's saddle, seventy- eight acres of land, one sieve, money on hand, $7, money collected from James Stills, $11.25; property sold to wit: 100 pounds of pork, 663 pounds of pork, one hog sold, two sows and pigs; property in Kentucky as follows : One milk cow, one wagon and gears, one bed and bedding, five counter-panes, three pillows, three sheets, one trunk, one pot, one pigon, one ax, one tin bucket, two pewter plates, one pewter basin, one chair ; amounts due from two men, $5.50."

This inventory is given in full that all may know what constituted the real and personal property of the old settlers. Joshua Taylor was ap- pointed administrator of Hollingsworth's estate, and required to give bond in the sum of $1,000 for the faithful performance of his duty. Larkin Reynolds, Pressley Buckner and James Lang were appointed to appraise the estate. Mr. Applegate was to support the heirs, and have the use of the estate. This session was held at the house of G. H. Beeler in Mar- tinsville.

In March, 1823, Thomas L. Galpin and Thomas Sailors were granted

HISTORY OF MORGAN COUNTY.

testamentary letters as executors of the estate of Jacob Coss, deceased. His personal estate was valued at $916.12}. And so the record goes on. Among the estates settled up within the next few years were those of Joseph M. Stotts, William Ballard, Isaac Overman, Conrad Burns, John Paul, Ira Ashton, Edward Warren, William Beeson, Elijah Knight, John Winter, Thomas Dickens, Robert Bradshaw, Ezra Wilcox, Thomas Deakin, Benjamin Pucket, James P. Vance and John Douglass. The first Probate Court held at the court house was in September, 1825. Probate business was done by the Associate Judges of the Circuit Court until 1829, at which time the first Probate Judge, John Matthews, took charge of the court. In 1853, the affairs of probate were merged into those of the Common Pleas Court, and in 1873 into the Circuit Court.

THE FIRST COMMON PLEAS COURT.

This was held before William G. Turick, Judge, beginning on the 8th of April, 1853. The final settlement of the estate of John Sims, who had died in 1843, and whose affairs had not yet been wound up, was the first business before this court. One amount of personal property was so great that the various inventories cover forty or fifty pages of the court records The Common Pleas, which included probate matters, was a separate court until 1873, when it was merged into the Circuit Court, and has thus re- mained until the present (1883).

COUNTY COURT HOUSES.

The first courts of Morgan County convened at the log house of Jacob Cutler, which stood about one block north of the northwest corner of the public square in Martinsville. In 1823, the work of erecting the first court house was begun, and in the autumn of 1824, the building was so nearly completed that courts convened there for the first time, as shown by the old court records. The building was a two-storied hewed-log house, and was located on the southwest corner of the present public square. The upper story was low, but little better than half a story, and contained the jury rooms. The lower story was the court room. This room was also the first meetinghouse, schoolhouse, lecture room, etc., of Martinsville. The building was about 25x35 feet on the ground, and was compactly built. This building was used until 1833, when the con- tract of constructing a brick court house on the square was let to Giles B. Mitchell for about $2,500. Mr. Mitchell was a practical brick-maker and brick-layer, and completed the work in 1834; but the woodwork was not finished until about two years later. The County Board was compelled to issue " orders " for the greater portion of the contract price. These orders depreciated considerably in value, though they were current funds for all ordinary expenses in the county. The building was two-storied, and was about 35x40 feet on the ground. It did not contain the county offices. These were in business or private buildings until about 1843, when small offices were erected on the square. About 1855, this build- ing was so dilapidated and unsightly that a new court house began to be talked of. The Gazette of March, 1856. having in view the incorpora- tion of Martinsville, then strongly talked of, as well as the erection of a new court house, remarked as follows: "The old court house, with its

HISTORY OF MORGAN COUNTY.

crumbling foundation, cracked walls, diseased windows, shattered vane, drooping spire and moss-covered cupola, looking, as Judge Hughes re- marked from the bench at the last Circuit Court, 'like some bombarded block-house,' overlooks one vast sea of conglomerated water, mud and filth." The necessary pressure was brought to bear on the County Board, and in March, 1857, orders were issued for advertising for bids to erect either a combined court house and jail, or each to be built separately, the total cost not to exceed $30,000. The contract was finally awarded to Perry M. Blankenship at about that price, the jail and court house to be built together. County bonds were ordered sold to meet the expense. The building was completed in 1859, at a cost of about $32,000. This is the present court house and jail. The court room is above, and offices below; the jail is in the northwest corner of the lower story, and the belfry is on the southeast corner. The hall extends through the building from north to south. The contractor evidently did his work well, as the structure is now almost or quite as good as new. On the 31st of March, 1876, the records of the county in the offices of the Clerk and Auditor were largely consumed by fire, supposed to have been done by some ras- cally official, to conceal the evidences of his defalcations or other crimes. This was a great calamity, and cost the county many thousands of dollars to copy what remained of the half-consumed records. Had the old rec- ords not been destroyed, this chapter might contain many items of inter- est which it now wants.

COUNTY JAILS.

The first jail was a small log structure, which was erected on the northeast corner of the square in 1824. It was built of heavy timber, and answered the purposes of the county until 1826, when it was de- stroyed by fire. Within three or four years, a brick jail was built about where the jailer's house now is on the square by Mr. Sailors. The out- side of the structure was of brick, the inside of heavy logs, and between the two walls were about eight inches of broken stone. This was used about ten years, when a much stronger log jail was built in the northeast- ern part of town. This was used until the erection of the present com- bined jail and court house in 1857-59.

THE COUNTY SEMINARY.

An early law of the State provided that certain fines and penalties should be used as a fund to found and maintain a seminary of learning in each county. A Trustee was appointed in Morgan County to care for the fund as it should accumulate, John Mathis being the first. The law provided that when the fund amounted to $400, the County Board at their option could build a seminary. In the spring of 1824, the fund amounted to over $80. It ran up rapidly in the 30's, the receipts for the fiscal year 1835 being $114.23 ; for 1836, $369 ; and for 1837, $79. In the year 1838, the fund amounted to over $2,000, and about that time the work of erecting a two-storied brick seminary was begun. The house was a fine structure for that day, and cost in the whole about $2,000. The first teacher was David Anderson, who taught alone. The second teachers were Elijah and Hannah Parks. William H. H. Terrell is said

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Counties of Morgan, Monroe, and Brown, Indiana. Historical and biographical, Part 2

Author: Blanchard, Charles, fl. 1882-1900, ed. cn Publication date: 1884 Publisher: Chicago, F. A. Battey & co. Number of Pages: 814

Author: Blanchard, Charles, fl. 1882-1900, ed. cn
Publication date: 1884
Publisher: Chicago, F. A. Battey & co.
Number of Pages: 814