USA > Indiana > Courts and lawyers of Indiana, Volume I > Part 33
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The criticism of the Judges rose to such a height that Judge Downey voluntarily withdrew from the ticket. The central committee asked for the resignations of the other judges, but they refused to resign. The Indianapolis Sentinel roundly condemned Judge Pettit for an attack on a preacher in Lafayette. Oblique references to gold pens, hair pillows, car- pets, beds, lounges, hair mattresses, traveling satchels and
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velvet rugs purchased with state money, were the burden of the campaign orators. The central committee appointed a subcommittee to investigate the charges and it reported no intentional corruption, but that, following the precedent set by the preceding Republican court, the Judges had spent public money without the sanction of the law. The resigna- tion of Judge Downey was accepted and vacancies on the ticket declared from the Second and Third districts. Such dissatisfaction existed with the nominations in the First and Fourth that conventions were ordered called to fill these va- cancies. These were filled, not by the state conventions, but by the members of the recent state convention meetings by districts. This is perhaps a unique proceeding in political practice. In due time these conventions nominated William E. Niblack for the First, George W. Howk for the Second, and Samuel E. Perkins for the Third. James L. Worden remained on the Fourth, having been unanimously endorsed by his dis- trict. This probably would have been done in the other dis- tricts had the truth been known. The Democratic ticket was elected by about five thousand majority.
William E. Niblack was born May 22, 1822, in Dubois county, Indiana. He attended school in a log school house and when sixteen entered Indiana University, but was unable to graduate because of the death of his father. For three years after leaving college he followed surveying and at the same time studied law, entering the practice in 1854 at Mount Pleasant, then the county seat of Martin county. He entered politics by being elected in 1849 to the House of Representa- tives and in 1850 to the State Senate, declining a renomina- tion in 1853. In January, 1854, he was appointed Judge of his judicial circuit, and in October, 1854, he was elected for six years. He moved to Vincennes in 1855, and two years later was elected to Congress to fill out the unexpired term of James Lockhart, being re-elected in 1858. In 1863 he was the Representative from Knox county in the Legislature, but re- turned to Congress in 1865, remaining there until March 4. 1873. From 1864 to 1872 he was a member of the Democratic national committee. In 1876 he was elected Judge of the Supreme court of Indiana, serving from 1877 to 1889. He died in Indianapolis, May 7, 1893.
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George Vail Howk was born in Charlestown, Clark county, September 21, 1824, the son of Isaac and Elvira (Vail) Howk. He grew to manhood in Charlestown. After graduating from Indiana Asbury University in 1846, he studied law under Judge Charles Dewey. He was admitted to the bar in 1847 and settled in New Albany to practice. From 1852 to 1853 he was city judge of New Albany. In 1857 he became judge of the Court of Common Pleas. In 1863 he was a member of the lower branch of the Legislature, and from 1866 to 1870 he served as a member of the State Senate. In 1876 he was chosen Supreme court judge, serving from 1877 to 1889. Upon his defeat for re-election in 1888, he returned to New Albany. He was appointed Judge of the Floyd Circuit court April 18, 1896, to fill the unexpired term of George A. Bick- nell, who died April 15, 1891. Judge Howk died on January 13, 1892, before the expiration of the term for which he had been appointed. Judge Howk married, December 21, 1848, Eleanor Dewey, the eldest daughter of Charles Dewey. She died April 12, 1853, leaving two children. On September 5, 1854, he married Jane, the daughter of Gen. John Simonson. They had two sons, John S. and George V., Jr.
After the storm of 1876 the work of the Supreme court moved along rather smoothly from January, 1877, when the new judges took office, until December 17, 1879, when Judge Perkins died. On the 29th of December "Blue Jeans" Wil- liams appointed John T. Scott, of Terre Haute, to the vacant seat.
John T. Scott was born at Glasgow, Kentucky, May 6, 1831. He attended the common schools in Glasgow, Ken- tucky, until he was fourteen years old, when he was appren- ticed to a harness maker. He worked at this trade till he was nineteen years of age, when he entered Franklin College, Tennessee, where he remained two years. He came to In- diana in 1853 and became a rod carrier and afterward a sur- veyor on the railroad from Indianapolis to Decatur, Illinois. He began the practice of law in 1856 at Montezuma, Indiana, and in 1860 was elected district attorney for the Tenth Com- mon Pleas district. He was re-elected in 1862, and in the fall of the same year he moved to Terre Haute, where he filled out
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his term of office and continued to practice until 1868, when he was elected judge of the Common Pleas court of Vigo county. He was re-elected to this office in 1872 for another four years and was still on the bench when the Legislature of 1873 abolished the court. In 1875 he was appointed one of the board of trustees of the Indiana State Normal School and served in this capacity until December 29, 1879, when he was appointed Judge of the Supreme court by Governor James Williams. He was a candidate for re-election in 1880, but was defeated with the other Democratic candidates. He then returned to the practice of the law, and so continued until his death, December 29, 1891. In 1855 he married Rebecca Ellen Jones, a school teacher of Scotland, Illinois. They had five children, three of whom are still living: Charles E. Scott, building inspector of Terre Haute; George A. Scott, lawyer of Terre Haute, one daughter, Mrs. Kirby C. Meyers, of Brockville, Indiana.
The court elected in 1876 incurred some hostile criticism by its decision on the constitutional amendment case. In 1879 an amendment had been submitted changing the time of election from October to November. This amendment was submitted at a township election. The amendment failed to receive a majority of all the votes cast for trustees at the same time. From the fact that so many votes had been cast the court decided that it would take judicial knowledge of the fact that not a majority of the voters had supported the amendment. Niblack and Scott dissented. The decision vir- tually prevents amendment to the present Constitution.
At the election of 1880 it was necessary to fill the judge- ship in the Third district left vacant by the death of Perkins in 1879, John T. Scott then holding the position by appoint- ment. Napoleon B. Taylor, of Marion county, and John A. Holman, of Marion county, were before the convention. Scott was nominated. In the Fifth district a member had to be elected to take the place of Horace P. Biddle, whose term ex- pired in January, 1881. J. A. S. Mitchell, of Elkhart county ; Elisha U. Long, of Marshall county; Nathan O. Ross, of Miami county, and Thomas J. Merrifield, of Porter county. were before the convention. Mitchell was nominated on the second ballot.
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The Republican convention met at Indianapolis, June 17, 1880. For the vacant judgeship in the Third district there were three candidates : Byron K. Elliott and Livingston Howland, of Marion county, and H. D. Thomas, of Montgom- ery county. Elliott was nominated on the first ballot. From the Fifth district, Daniel P. Baldwin, of Logansport, and William A. Woods, of Elkhart county, were the candidates, the latter being nominated for the judgeship and the former for attorney-general. The election resulted in a victory for the Republican ticket, Elliott and Woods being elected by small majorities.
Byron K. Elliott was born in Butler county, Ohio, near Hamilton, September 4, 1835. He attended the common schools and Hamilton Academy until 1849. He came to In- dianapolis in 1850 with his father and entered the Marion County Seminary. After finishing the course he studied law and was admitted to the bar in February, 1858. In May, 1859, he was elected city attorney of Indianapolis. During the Civil War he served first as captain of the One Hundred and Thirty-second Volunteers, and afterward as adjutant- general on the staff of General Milroy. From 1865 to 1869 he served as city attorney of Indianapolis. In October, 1870, he was elected Judge of the Marion County Criminal court. In 1872 he became city solicitor and served again as city at- torney from 1873 to 1875. In 1876 he was elected Judge of the Superior court of Marion county and renominated in 1880, but declined and took the nomination for judge of Supreme court. He was elected and served from January 3, 1881, to January 2, 1893. He was a lecturer in the Central Law School of Indianapolis and at the law schools of DePauw and Northwestern Universities. He later became the president of Indiana Law School of Indianapolis. In co-operation with his son, William F. Elliott, he published "The Work of the Advocate," 1888; "Roads and Streets," 1890; "Appellate Pro- cedure," 1892; "General Practice." At the close of his serv- ice on the Supreme bench, he re-entered practice, forming a partnership with his son, William F. Elliott. On September 5, 1855, he married Harriet A. Talbot, two children being
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born, William F. and Mrs. Robert C. Wright. He died Novem- ber 19, 1913.
William Allen Woods was born May 16, 1837, near Farm- ington, Tennessee His father, a young preacher, died when the future judge was one month old. His mother, whose maiden name was Ewing, seven years later married John Miller and moved to Iowa. The stepfather soon afterward died, leaving the widow and children, four in all, to tend the farm. In 1855 he entered Wabash College and after grad- uating taught school. In 1862 he located at Goshen to prac- tice law. In 1866 he was elected to the Legislature, and in 1872 became Judge of the Thirty-fourth circuit. He was re- elected in 1878. From 1881 to 1883 he was on the Supreme bench, resigning to serve as United States District Judge. He was on this bench from May 8, 1883, to March 17, 1892, resigning to become United States Circuit Judge for the Sev- enth circuit, holding this position until his death. On Decem- ber 6, 1870, he married a Miss Newton, of Des Moines, Iowa. They were the parents of two children.
Judge Worden's term would have expired in January, 1883, but after eighteen years of service he announced that he would not again seek the office. His friends then nomin- ated and elected him Judge of the Superior Court of Allen county, necessitating his resignation from the Supreme bench. His resignation took effect December 2, 1882, and his suc- cessor, William H. Combs, was appointed the same day. Col. Robert S. Robertson had been selected by the governor, but, hearing that his older associate had been considered, Colonel Robertson telegraphed his own withdrawal in favor of Combs. It was an act worthy of the Colonel and as generous as it is rare in politics. He was succeeded on January 1, 1883, by Allen Zollars, of Ft. Wayne.
William H. Combs was born in Brunswick, Maine, July 17, 1808. He came with his parents to Cincinnati, Ohio, in 1811, where he received his education. In 1831 he settled at Connersville, read law with Caleb B. Smith, and was ad- mitted to the bar in 1834. In 1835 he moved to Wabash, and in 1837 to Fort Wayne. In 1849 he went by way of Cape Horn to California, returning in 1856. He retired from
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active practice in 1886. He was a Whig and later a Republi- can. He married Jane Edsall at Ft. Wayne, May 25, 1837. They were the parents of eleven children.
At the election of 1882 it was necessary to elect a new court. The Democratic convention, on August 2, renominated William E. Niblack from the First district, George V. Howk from the Second by ten majority on the first ballot over Alex- ander C. Downey; from the Fourth district, James Brown, of Henry county, William A. Bickle, of Wayne, and Allen Zollars, of Allen, were before the convention, Zollars being nominated on the first ballot.
On the 9th of August, the Republicans met at Indianapo- lis and nominated William P. Edson, of Mt. Vernon, from the First district; J. G. Berkshire, of Jennings county, from the Second, and John F. Kibbey, of Richmond, from the Fourth. There was no opposition to the first two. The lat- ter was opposed by Jacob M. Haynes, of Jay county, but be- fore the ballot was taken, Haynes' name was withdrawn. The Democratic candidates were elected by about ten thousand majority.
The work of the court piled up gradually during this period, so that, as a measure of relief, the Legislature of 1881 provided for a commission to assist the court in its work. This commission will be discussed later. The prev- ious Legislature had appointed a committee of three lawyers, James S. Frazer, David Turpie and John S. Stotsenburg, to revise and codify the laws. Their report was ready for the Legislature of 1881. This, it was hoped, would both expedite the work of the court and also lessen the amount of litigation, which was assuming large proportions. It is noticeable also that the court from 1883 to 1896 succeeded in ridding itself somewhat from the maze of technicalities which had accu- mulated to such an extent that it was almost impossible to sustain a conviction in some classes of criminal cases.
It was during the life of this court (1883-1889) that the famous case over the lieutenant-governorship came up. In 1886 Lieutenant-Governor Mahlon D. Manson resigned. On the advice of Attorney-General Francis T. Hord, an election to fill the office was held in the fall of 1886. When the Legis-
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lature met in 1887, the Senate was Democratic and its presi- dent, Alonzo G. Smith, instituted proceedings to keep the election returns from the Senate. The Supreme court de- cided it had no jurisdiction, thereby incurring the displeasure of the Republicans. Col. Robert S. Robertson, of Ft. Wayne, who had been elected lieutenant-governor on the Republican ticket, insisted on holding his office. Smith secured a re- straining order against Robertson, but the Supreme court held this invalid, thereby incurring the displeasure of the Democratic party. As a result of its decision the court lost considerable favor in the eyes of the people. The new court took office in 1883, according to the Constitution, Zollars being the only new member.
Allen Zollars was born in Licking county, Ohio, Septem- ber 3, 1839, a son of Frederick and Anne (Whitmore) Zollars. He was educated at Denison University, Granville, Ohio, graduating in 1864. He then entered the law office of Judge Buckingham at Newark, Ohio, and later attended the Uni- versity of Michigan, completing the law course there in 1866. He located at Ft. Wayne, Indiana, to practice. In 1868 he was elected to the Legislature. In 1869 he became city at- torney of Ft. Wayne, serving in this capacity for six years. Upon the establishment of the Superior court in Allen county in 1877 he was appointed Judge, but resigned after a short time to resume the practice of his profession. In 1882 he was elected to the Supreme bench and served from 1883 to 1889. He continued the practice of law until his death. December 20, 1909. He was a thirty-second-degree Mason and a Knight Templar. In November, 1887, he married Min- nie Ewing, of Lancaster, Ohio. They had three children. Fred F., Clara (Zollars) Bovel and Charles E.
On May 8, 1883, Judge Woods resigned from the bench, having been appointed to the Federal bench of the district of Indiana. Governor Porter appointed as his successor, Edwin P. Hammond, the appointment dating from May 14, 1883, his tenure to continue until the next general election.
Edwin Pollock Hammond was born November 26, 1836, at Brookville, Indiana. He was the son of Nathaniel and Hannah H. (Sering) Hammond. He received a common
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school education at Brookville and Columbus, Indiana, where his parents moved when he was fourteen years old. At the age of twenty he became a student in the law office of his brother, A. A. Hammond, and Thomas H. Nelson, of India- napolis. In 1857 he was admitted to the senior law class at Asbury University and graduated that spring. In 1858 he located at Rensselaer and opened a law office. When the Civil War broke out he enlisted. When he was mustered out of service at the close of the war, he was made a brevet- colonel. After the close of the war he again entered the prac- tice of law and became judge of the Thirtieth judicial circuit in 1873, first by appointment, later by election. He was again elected without opposition in 1878. He held this office until appointed to the Supreme bench, serving from May 14, 1883, to January 16, 1885. On retiring he re-entered active practice. In 1890 he was elected Judge of the Circuit court, serving until 1892, when he resigned to form a partnership with Stuart Brothers, of Lafayette, where he located in 1894. He is a member of the Masons, Odd Fellows, Grand Army of the Republic, Union Veteran Legion and Loyal Legion. He married Mary V. Spitler in 1864. Their children were Louise, Angela, Edwin P., Jr., Jean and Nina V.
It was necessary to fill the vacancy caused by the resigna- tion of Judge Woods at the regular election of 1884. The Democratic convention at Indianapolis, June 25, 1884, nom- inated Joseph A. S. Mitchell, of Goshen, by acclamation. On the 19th of June preceding, the Republicans had nominated Judge Hammond for the office then held by appointment. At the fall election Mitchell was chosen by a majority of 3,721, about one-half the majority secured by other candidates on the ticket. This latter fact was not due to his own unpopular- ity, but to the popularity of his opponent.
Joseph A. S. Mitchell was born near Mercersburg, Frank- lin county, Pennsylvania, December 21, 1837, the son of An- drew and Sarah (Leeson) Mitchell. He received a meager education in the common schools of his native state, and when seventeen years of age came west to Illinois, where he attended the academy of Blandisville. In 1856 he returned to Pennsylvania and began the study of law in the office of
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Riley & Sharp at Chambersburg. Three years later he was admitted to the bar and in 1860 settled in Goshen, Indiana. When the Civil War opened, he enlisted, serving in the cav- alry for two years, and later became a captain. He was made inspector-general by General McCook and served in this capacity until the end of the war. He re-entered the practice at Goshen and became the partner of Judge John H. Baker. He served two terms (1872 to 1874) as mayor of Goshen. In 1884 he was elected to the Supreme bench of the state and was re-elected in November, 1890, for a second term, but died before his first term was completed. He was a member of the Methodist church, and a trustee of DePauw University. His death occurred on December 12, 1890, at Goshen. In December, 1865, he married Mary E. Defrees. They had two children, Harriet and Defrees.
The term of Judge Elliott, of the Third district, expired in January, 1887, and a successor had to be elected in 1886. The Democrats in convention, August 11, nominated John R. Coffroth, of Lafayette, a lawyer of fine reputation. He was born in Franklin county, Pennsylvania, August 11, 1828, being fifty years old on the day of his nomination. He had sat in the House during the Forty-sixth and Forty-seventh Assem- blies, and had been a successful candidate for attorney-gen- eral in 1868 and 1872. The Republicans nominated Judge Byron K. Elliott at their state convention, September 2nd. He had no opposition and was re-elected in November for a six-year term.
The regular terms of three of the judges expired January 7, 1889, so that it became necessary in 1888 to elect new mem- bers from the First, Second and Fourth districts. As men- tioned above, the old court had aroused considerable hostile criticism with the usual result at the fall election.
The Democrats held their convention April 26, 1888. and renominated Judges Niblack of the First, Howk of the Sec- ond, and Zollars of the Fourth. They had no opposition. The Republicans in convention at Indianapolis, August 8th, pre- sented three candidates from the First district: James H. Jordan, of Martinsville, Silas D. Coffey, of Clay county, and
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W. P. Edson, of Posey county. Coffey was nominated on the first ballot. From the Second district, John G. Berkshire, of North Vernon, was nominated without opposition. The Fourth district had two candidates, Leander J. Monks, of Winchester, and Walter Olds, of Columbia City. The latter was nom- inated. The Republican candidates were all successful by small majorities.
Walter Olds was born in Morrow county, Ohio, August 11, 1846, the son of Rev. Benjamin and Abigail Olds. His edu- cation was acquired in the public schools and the State Uni- versity at Columbus, Ohio. He read law with his brother at Mt. Gilead, Ohio, was admitted to the bar in 1869 and located at Columbia City, Indiana, where he began the practice. He served in the State Senate (1876-80), was Judge of the Cir- cuit court in his district (1884-88), resigning on being elected Judge of the Supreme court. He served from January 7, 1889, to June 15, 1893, when he resigned and went to Chicago to practice. He had offices in Chicago and Hammond with Charles F. Griffen. In 1901 he moved to Ft. Wayne and be- came the attorney for several trunk lines passing through the northern part of the state. He is a member of the Meth- odist church, the Grand Army of the Republic, and the Elks. On July 1, 1873, he married Marie J. Merritt, and they have one son, Lee Olds, a graduate of Northwestern University, now practicing law in San Francisco.
Silas D. Coffey was born February 23, 1839, on a farm in Owen county, Indiana, the son of Hodge R. and Hannah (Wilson) Coffey. He was educated in the common schools. He entered the State University in 1860, but enlisted upon war being declared, and served until he was compelled to leave the service on account of ill health. After the war was over he returned home, studied law and opened an office at Bowling Green, then the county seat of Clay county. In 1865 he was an unsuccessful candidate for prosecuting attor- ney and shortly afterwards formed a partnership with W. W. Carter, which continued until the former ascended the bench. In 1877 he moved to Brazil, where he was living in 1881, when Governor Porter appointed him Judge of the Thirteenth circuit, being elected to the bench in 1882. In 1888 he was
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elected Judge of the Supreme bench of Indiana, serving from January 7, 1889, to January 7, 1895. On November 1, 1864, he married Caroline L. Byles. They had one son and three daughters.
John Griffith Berkshire was born in Ohio county, Indiana, in 1832, son of William G. Berkshire, a blacksmith. He was educated in the common schools at Rising Sun and in 1857 graduated from the law school of Asbury University. In the same year he located at Versailles, where he practiced until 1864. From the latter date until 1882 he served as Judge of the First and Sixth judicial circuits, being elected the last two times without opposition. After his defeat in 1882 he moved to North Vernon, where he practiced until his election to the Supreme bench in 1888. He died at his home in North Vernon, February 19, 1891.
The court which convened in 1889 found itself involved with the General Assembly. Two laws concerning city gov- ernment, the law providing for the appointment of state geo- logist and state statistician, a meat inspection act and a reg- istration act, were declared unconstitutional. The Demo- cratic platform of 1888 reads: "We appeal from the decision to the people of Indiana, and we demand a verdict against William A. Woods and the miscreants whom he saved from punishment," referring to a decision concerning the Dudley Blocks-of-Five letters. In another place this platform read : "Judges Coffey, Berkshire and Olds, Republican members of the Supreme court, deserve the contempt of the people of Indiana for their action in overturning the settled construc- tion of the Constitution, reversing all legal precedents, and contradicting their own ruling for the sake of a few petty offices, and at the dictation of unscrupulous tricksters."
One is tempted to say the prophecy of Kelso in the Con- vention of 1850 was approaching and that there was danger that the courts would be dragged into politics. However, it was not so serious as the platform writer indicated, but still the voters showed some concern.
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