USA > Indiana > Courts and lawyers of Indiana, Volume I > Part 34
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At the November election of 1890 Judge Mitchell was a candidate on the Democratic ticket to succeed himself. re- ceiving the nomination by acclamation. The Republicans,
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on September 10, nominated Robert West McBride, of Elk- hart. Mitchell was elected by 21,252 majority, the largest majority on the ticket.
On the 12th of December, 1890, Judge Mitchell died at his home in Goshen, Indiana, and Governor Hovey at once appointed R. W. McBride, the unsuccessful candidate at the late election, to the vacancy. A protest was made by the Democrats that this was taking an improper advantage and further that it would make the court solidly Republican, a thing which ought to be avoided. A brief review will show that it was not the first time the court had been composed of members of the same political party. From 1865 to 1871 all the judges were Republicans. The members of the court of 1871 were all Democrats until Osborne was appointed. He was succeeded by Biddle, when again the members of the court were all Democrats. After the election of Elliott and Woods in 1880 the court had been divided.
Robert W. McBride was born, January 25, 1842, in Rich- land county, Ohio, the son of Augustus and Martha Anne (Barnes) McBride. His education was obtained in the com- mon schools of Ohio and Iowa, and in a private academy at Kirkville, Iowa. He then taught school in Iowa, but returned to Ohio in 1862. He served during the Civil War in a cavalry company from Ohio. In 1866 he came to Waterloo, Indiana. During the winter of 1866-67 he served as one of the clerks of the State Senate. In 1867 he was admitted to the bar and commenced practicing law with James I. Best, this partner- ship being dissolved in 1868. In 1870 Joseph C. Morlan be- came his partner; in 1878 Morlan died and he then practiced alone until elected Judge of the Thirty-fifth district in 1882. In 1890 he moved to Elkhart, where he was living when he was appointed to the Supreme bench by Governor Hovey to fill the vacancy caused by the death of Judge Mitchell. He served from December 17, 1890, to January 2, 1893. On the expiration of his term he moved to Indianapolis, forming a law partnership with Caleb S. Denny, which continued until 1904, since which time he has been practicing alone. On September 27, 1868, Judge McBride was married to Ida S. Chamberlain, and to them have been born four children, Daisy
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I., Charles H., Herbert W. and Martha Catherine. He is a thirty-second-degree Mason, an Odd Fellow, a Knight of Py- thias, a Redman, a member of the Grand Army of the Re- public, and a member of the Methodist church.
On February 19, 1891, a vacancy was created on the Su- preme bench by the death of Judge Berkshire. On the 25th of the same month Governor Hovey appointed John D. Miller, of Greensburg, to take the place of Judge Berkshire. John D. Miller was born in Johnson county, Indiana, in 1843. At the age of fourteen he entered Hanover College. When the Civil War broke out he lacked one year of graduation, but he en- listed, nevertheless, in the Seventh Regiment and served three years. After the war he read law with Overstreet & Hunter at Franklin. He began the practice with Gavin & Hord at Greensburg, Colonel Gavin having been his colonel in the war. In 1873 he sat in the Legislature. After his services on the Supreme bench (February 25, 1891-January 2, 1893) he be- came a Circuit Judge (1894-98), dying in office.
By 1891 the court was hopelessly behind with its work, and the General Assembly of 1891 created the Appellate court, which will be discussed later. In the Democratic con- vention which met at Indianapolis, April 21, 1892, Jeptha D. New, of North Vernon, was nominated on the first ballot over William R. Johnson, of Lawrenceburg. Cyrus T. McNutt, of Terre Haute, and James McCabe, of Williamsport, were candidates from the Third, the latter securing the nomina- tion. From the Fifth district there were three candidates: Timothy Howard, of St. Joseph, Thomas J. Woods, of Lake, and George Burson, of Pulaski. Howard was nominated on the first ballot. On July 9, 1892, Judge New shot himself at his home in North Vernon. The vacancy thus made on the Democratic ticket was filled by the nomination of Leonard J. Hackney.
The Republican convention at Fort Wayne, June 28, 1892. nominated Judges Miller, Elliott and McBride, all of whom were then serving. At the November election of 1892, Leon- ard J. Hackney was elected from the Second district by 6,687 plurality ; James McCabe, from the Third by 6,460; Timothy
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E. Howard, from the Fifth by 6,616. They assumed their official duties in January, 1893.
Leonard J. Hackney was born at Edinburg, Johnson county, Indiana, March 29, 1855, the son of Leonard J. and Kate Hackney. He received very little common school edu- cation. In 1871 he left home and found employment in the law offices of Hord & Blair, Shelbyville, Indiana, where later he became an assistant. In 1873 he entered the law office of John W. Kern at Kokomo, where he remained for about a year. He then became a law clerk in the firm of Baker, Hord & Hendricks, of Indianapolis, and spent all his spare time in studying the law. In 1876 he returned to Shelbyville and opened a law office. He was elected prosecuting attorney in 1878 of the Sixteenth judicial circuit and, after serving one term, resumed his practice. On November 17, 1888, at the age of thirty-three, he took his seat on the bench as Judge of the Sixteenth circuit. In 1892 he was elected to the Su- preme bench, serving from 1893 to 1899. He then engaged in the general practice from 1899 to 1905, since which time he has been attorney for the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. On December 28, 1878, he mar- ried Ida L. Pudney, of Franklin, Indiana. The family home is in Cincinnati, Ohio.
Timothy E. Howard was born January 27, 1837, near Ann Arbor, Michigan, the son of Martin and Julia (Beahan) Howard. His early education was obtained in the country schools of Michigan, at Ypsilanti and the University of Mich- igan. In 1859 he entered the University of Notre Dame to complete his studies, teaching some preparatory classes to make his way. In February, 1862, he enlisted for service in the Union army, but was wounded in April, 1862, and dis- charged as unfit for further service. He returned to Notre Dame and completed his work two years later, receiving the Master of Arts degree. He then studied law and became a professor of law in his Alma Mater. In 1878 he was elected a member of the city council of South Bend and twice re- elected. In the same year, 1878, he was elected clerk of the St. Joseph Circuit court. In 1886 he was elected to the State Senate and re-elected in 1890. He served several years as
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city and county attorney for South Bend and St. Joseph county. He is the author of the tax law of 1891. In 1892 he was elected judge of the Supreme court and took office January 2, 1893, serving a full term of six years. He was president of the Indiana fee and salary commission in 1899 and in 1903 a member of the commission for revising and codifying the laws of Indiana. He became an instructor in the law department of Notre Dame University in 1908, a posi- tion he still retains. On July 14, 1864, he married Julia A. Redmond, of Detroit, Michigan. They are the parents of eight children. (Judge Howard died on July 9, 1916 .- ED.)
James McCabe was born in Darke county, Ohio, July 4, 1844. When an infant his parents moved to Kosciusko county, Indiana, and later to Illinois. He attended his first school (a night school) at Crawfordsville, Indiana, when he was seventeen years of age, and maintained himself in the mean- time by working on the Monon railroad as a section hand. Marrying at the age of eighteen a girl two years younger than himself, it was necessary for him to quit school to make a living for his family. His start in the legal profession was the result of an accidental visit to the court room at Craw- fordsville where he heard Voorhees and Hannegan plead in a trial. From the day he decided to be a lawyer, he taught school in the winter, studying law in the meantime, and was admitted to the bar in 1871. He became one of the leading lawyers of his section of the state. He was nominated by his party for Congress on two different occasions and made heavy inroads on the Republican majority in his district. In 1892 he was elected to a seat on the Supreme bench and served a full term of six years. He was renominated by his party in 1898, but went down to defeat with the rest of the ticket. He then returned to Williamsport, where he practiced until his death, in 1911. Judge McCabe was married March 24, 1853, to Serena Van Cleve, the daughter of the man with whom he was boarding while attending the night school taught by Judge Naylor. He died March 23, 1911, and had he lived until the following day, he and his wife would have celebrated their fiftieth wedding anniversary. He left a widow and three chil- dren: Nancy Ellen, wife of J. B. Givin; Edwin F., an at-
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torney of Williamsport, and Charles M., an attorney of Craw- fordsville.
On June 15, 1893, Judge Olds resigned his position on the bench in order to become an attorney for a railroad. Gov- ernor Matthews appointed Joseph S. Dailey, of Bluffton, as his successor. The appointment was published July 18, though his commission bore the date of July 24th.
Joseph S. Dailey was born in Wells county, Indiana, May 31, 1844, the son of James and Lydia Dailey. He received his education in the public schools of Bluffton, and the law school of Indiana University, graduating in 1866. Immedi- ately after his graduation he entered the practice at Bluffton, and in the following fall was elected district attorney of the Common Pleas court. In 1868 he was elected prosecuting attorney for the Tenth judicial circuit and served continuously until 1876. He was a member of the Legislature in 1879. In 1888 was chosen Judge of the Twenty-eighth judicial circuit, holding this position until he was appointed in 1893 to the Supreme bench by Governor Matthews. His term expired January 7, 1895, and he at once re-entered the practice at Bluffton, being defeated for re-election by Leander J. Monks. On March 13, 1870, Judge Dailey was married to Emma Gutchins. Their children are Frank C., Lewis W., Charles Gutchins and Blanche.
In 1894 there were two Supreme Judges to be elected. The Democrats, on August 15, nominated George L. Reinhard, from the First district, and Joseph S. Dailey, of Bluffton, from the Fourth. The former was then on the Appellate bench, and the latter on the Supreme. The Republicans nominated James H. Jordan from the First district, and Leander J. Monks from the Fourth. The Republican candi- dates were elected by heavy majorities.
James H. Jordan was born December 21, 1842, at Wood- stock, Virginia. He came to Indiana in 1853 with his parents, who settled near Corydon, where he lived until the Civil War opened. He served three years as a member of the Forty- fifth Regiment, Indiana Volunteers, the Third Cavalry. On returning from the war he entered Wabash College, but left there and graduated at Indiana University in 1868 with the
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degree of Bachelor of Arts. He then read law with Judges William A. Porter and Thomas C. Slaughter, of Corydon, Indiana. He re-entered Indiana University and graduated from the law department in 1871. He was admitted to the bar at Corydon in 1871. He then removed to Clinton, Mis- souri, but subsequently returned to Indiana and settled at Martinsville. In 1872 he was appointed district attorney of the Common Pleas court and served until this court was abol- ished in 1873. He was then elected city attorney of Martins- ville, in which capacity he served twelve years. In 1888 he was an unsuccessful candidate for a place on the Supreme bench. He was elected in 1894 and served until his death on April 10, 1912. He was a member of the Grand Army of the Republic, the Odd Fellows, Knights of Pythias, and the Greek letter fraternity, Phi Kappa Psi. He served as a trustee of Indiana University for a number of years.
Leander J. Monks was born July 10, 1843, at Winchester, Indiana, being the son of George W. and Mary A. (Irvin) Monks. He received his early education in the common schools of Randolph county, and entered Indiana University in 1861, remaining until 1863. He was admitted to the bar in 1865 and practiced until 1871 with Col. M. B. Miller ; until 1875 with Enos L. Watson, and until 1878 with W. A. Thomp- son. In 1878 he was elected Judge of the Twenty-fifth judicial circuit. He was elected three times, serving until he resigned to become a member of the Supreme court in 1894. In 1894 he was elected a judge of the Supreme court of the state. He was re-elected in 1900 and again in 1906, thus serving eighteen years on the Supreme bench. After leaving the bench he opened offices in Indianapolis with James P. Goodrich, John H. Robbins and H. C. Starr in the Pythian building. He is a member of the Methodist church, a Republican, a thirty- second-degree Mason, an Odd Fellow and a Sigma Chi. On August 2, 1865, Judge Monks married Lizzie W. White. They had four children, Margaret, Mary D., Alice and Agnes.
There was no change in the personnel of the Supreme court from January, 1895, to January, 1899. The terms of Judges Hackney, Howard and McCabe would expire January 2, 1899; all three judges were renominated at the Democratic
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state convention on June 22. There was no opposition to the last two. Hugh D. McMullen was a candidate in the Second district against Judge Hackney. The Republicans were con- fident of carrying the state at the election of 1898 and there was a spirited contest for the positions on the ticket. There were three candidates in each of the three judicial districts. In the Second were Alexander Dowling, of New Albany, Will- iam J. Henley, of Rushville, and Oscar Montgomery, of Sey- mour. Dowling was nominated on the second ballot. From the Third district, the candidates were James B. Black, of Indianapolis, John V. Hadley, of Danville, and Joseph M. Rabb, of Williamsport. Hadley was nominated on the first ballot. From the Fifth district, Francis E. Baker, of Goshen, Harvey V. Shively, of Wabash, and Hiram S. Biggs, of War- saw, were the candidates, the first named winning on the first ballot. The entire Republican ticket was elected by plural- ities ranging from fifteen to twenty thousand.
John V. Hadley was born in Hendricks county, Indiana, October 31, 1840, the son of Jonathan and Ara Hadley. He had a common school education and was attending North- western Christian University in 1861 when he enlisted in the Union Army, serving three and one-half years. As a result of his prison experience he wrote a book entitled "Seven Months a Prisoner." On returning from the war he studied law at the Indianapolis Law School in 1866 and was ad- mitted to the bar the same year, forming a partnership with Jesse D. Ogden, which lasted till 1877. Later partners were R. B. Blake and Enoch G. Hogate. He served as Circuit Judge from 1888 to 1899, and as justice of the Supreme court of Indiana from 1899 to 1911. He was a Mason, a member of the Grand Army of the Republic, and president of the First National Bank, Danville. He married Mary J. Hill, March 16, 1865. They had three children, Kate B., Hugh H. and Walter G. Judge Hadley died November 17, 1915, at Dan- ville, Indiana.
Francis E. Baker was born at Goshen, Indiana, October 20, 1860, the son of John Harris and Harriet (Defrees) Baker. His education was received in the public schools and at Indi- ana University (1876-78). He received the Bachelor of Arts
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degree from the University of Michigan in 1882. He was ad- mitted to the bar in 1885 and practiced law with his father, John H. Baker, until 1892 and from then until 1899 with C. W. Miller. In 1898 he was elected to the Supreme bench of Indiana and served from January 2, 1899, to January 25, 1902, when he was appointed United States Circuit Judge, which position he still holds. He married May Irwin, of Goshen, Indiana, February 21, 1888.
Alexander Dowling was born in Nellsboro, Loudoun county, Virginia, December 19, 1839, the son of Henry M. and Harriet I. Dowling. His family moved to New Albany, Indi- ana, in 1840, where he was educated in the public schools. He read law in the office of Otto & Davis and was admitted to the bar in 1858. He served two terms as prosecutor and two terms as city attorney of New Albany, 1860-68. In 1891 he was offered an appointment on the Supreme bench to succeed Judge Berkshire, but declined. He was elected judge of the Supreme bench in 1898 and served from 1899 to 1905. He is a Republican. He married Cornelia F. Kiger, of Greencastle, October 18, 1859.
In 1900 Judges from the First and Fourth districts had to be chosen. The Republicans in state convention at Indi- anapolis April 25, renominated Judges Jordan and Monks. The former was opposed by John H. Foster, then sitting on the Superior bench at Evansville. The Democrats, on June 6, nominated George L. Reinhard, of Rockport, from the First district and Joseph W. Adair, of Columbia City, from the Fourth. Adair was opposed by B. C. Moon, of Kokomo.
Adair, the nominee, was then serving as Judge of the Thirty-third circuit. He was born in 1843. He served in the One Hundredth Indiana Regiment during the Civil War. He had been appointed a Circuit Judge by Governor Gray, elected in 1890 and again in 1896. He retired from the Circuit bench on January 1, 1909, after twelve years' service. He died April 7, 1910, at the hospital in Fort Wayne, at the age of sixty-seven. The Republican candidates were successful at the polls (Judge Jordan by 26,106 and Judge Monks by 26,027) and in the following January they succeeded them- selves on the bench.
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On January 25, 1902, Francis E. Baker resigned to accept a position on the federal bench to succeed William A. Woods. . The same day Governor Durbin appointed John H. Gillett, of Hammond, to the vacated position. Judge Gillett was then Judge of the Lake Circuit Court. At the following election, in 1902, he was elected for a full term.
John H. Gillett was born in Medina, New York, September 18, 1860, the son of Judge Hiram A. and Helen (Stitt) Gillett. In 1861 he moved with his parents to Valparaiso, Indiana, and was educated in the public schools of that city. When eighteen years of age he began the study of law and after three years of careful training under the direction of his father, he formed a partnership with Edgar D. Crumpacker, which was dissolved eighteen months later. During the next four years he was an instructor in law at Northern Indiana Normal School, while at the same time he continued his prac- tice. In 1885 he was appointed city attorney of Valparaiso. He was deputy attorney-general of the state from 1886 to 1890. In 1890 he moved to Hammond, Indiana, and formed a law partnership with Peter Crumpacker which continued until June, 1892. He was then appointed judge of the Thirty- first circuit, and was elected for a full term at the next elec- tion, serving from 1892 to 1902 when he resigned to accept an appointment as Judge of the Supreme court. In November, 1902, he was elected, serving from January 25, 1902, to Janu- ary 3, 1909. He is the author of two legal volumes: "Crim- inal Law" and "Indirect and Collateral Evidence." On April 23, 1884, he married Agnes Ackiman. They have one son, Gerald. He is a member of the Christian church and a Knight of Pythias.
On April 24, 1902, the Republicans nominated Judge Gil- lett for the position he then held by appointment. His oppon- ent was Timothy E. Howard, of South Bend, nominated by. acclamation June 4. Judge Gillett was elected and in Janu- ary, 1903, began a full term as Judge from the Fifth District.
In 1905 the judgeship from the Second district became vacant. Judge Dowling, whose term expired, was not a candi- date and the Republicans in their state convention in 1904 nominated Oscar Montgomery, of Seymour, without opposi-
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tion. John V. Hadley, of Danville, was renominated from the Third. The Democrats nominated George E. Downey, of Aurora, from the Third. The Republican candidates were elected.
Oscar H. Montgomery's grandparents, Richard Montgom- ery and Annabell (Clarkson) Montgomery, came from Glas- gow, Scotland; his grandparents on his mother's side were descended from the Closes and Meads of Connecticut, and the Taylors and Colliers of the South; his father was born at Jeffersonville, Indiana, and was named Theophilus Wylie after the father of the Wylie early connected with Indiana Uni- versity. Judge Montgomery was born on a farm near Sey- mour, Indiana, April 27, 1859, and attended the district schools until the age of seventeen. In the fall of 1876 he entered the second year of the preparatory department of Hanover Col- lege, and graduated from the classical department in June, 1881. From 1881 to 1884 he taught school at Reddington. Medora and Cortland, in Jackson county, and studied law dur- ing vacations in the office of Albert P. Charles in Seymour. He was admitted to the bar, April 22, 1884, formed a partner- ship with a cousin, L. H. Reynolds, and began practice at Greenfield the first of May under the firm name of Reynolds & Montgomery. He returned to Seymour, February 1, 1885. and began practice alone and continued alone for twenty years. He received the degree of Master of Arts from Hanover Col- lege in 1886. He married Ida E. Harding, of Seymour. Octo- ber 27, 1886, and has four children: Madge, the wife of Judge John B. Steel, of Greensburg, Pennsylvania: Theo- philus Harlan, now his partner in practice; Merrill M., and Harriet E. He served ten years as city attorney of Seymour. but held no other office until his election to the Supreme court in 1904. He has served as chairman and secretary of the Republican county committee, chairman of the Fourth con- gressional district committee, and as delegate to the Repub- lican national convention in 1896, and again in 1912. He is a past chancellor of Knights of Pythias, a Mason, a director in the Bank of Seymour, and for more than twenty years has been a trustee of Hanover College. He is a member of the county and state bar associations, and also of the American
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Bar Association. He returned to the practice of law after re- tiring from the bench in January, 1911, and has been at Sey- mour since with his son, associated under the firm name of Montgomery & Montgomery.
In 1907 the terms of the Judges from the First and Fourth districts would expire. It was necessary, therefore, to elect their successors at the fall election of 1906. The Democrats at Indianapolis, June 6, nominated Eugene A. Ely, of Peters- burg, from the First, and Richard K. Erwin, of Ft. Wayne, from the Fourth. Judge Ely was born at Warsaw, Kentucky, October 21, 1847, a son of John and Elizabeth (Hatfield) Ely. The family came to Spencer county in 1864, the son growing up on a farm and teaching school. He was admitted to the bar in 1871 and in 1873 located at Petersburg. He married Rhoda M. Frank and they have three sons, Horace, Harry and Frank. He is a Presbyterian, a Mason and an Odd Fellow. There had been some opposition to each, but at the convention both were chosen by acclamation. The Republicans nomi- nated and elected for the third time James H. Jordan and Leander J. Monks.
At the election of 1908 a Judge from the Fifth district had to be elected. There were three candidates before the Democratic convention at Indianapolis, March 26, Moses B. Lairy, of Logansport, J. T. Cox, of Peru, and Timothy E. Howard, of South Bend. Lairy was nominated on the third ballot. Judge Lairy later served on the Appellate bench and his biography will be found there.
The Republicans met at Indianapolis on April 1, and the next day nominated Quincy A. Myers, of Logansport, over John H. Gillett, then in office. It was an unusual proceeding, but before the roll call was one-third through it was evident that Myers would be nominated and Gillett withdrew. At the fall election Myers was elected by a small plurality.
Quincy A. Myers was born in Clinton township, Cass county, Indiana, September 1, 1853, the eldest son of Isaac N. and Rosanna (Justice) Myers. His early education was in the district schools. He prepared for college at the Presby- terian Academy in Logansport, graduating in 1870. He then entered Northwestern Christian University at Indianapolis,
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but had to relinquish his work after a year owing to ill health, continuing his studies under a tutor. In 1873 he matriculated at Dartmouth College, New Hampshire, graduating in June, 1875. Following his graduation he read law under the direc- tion of DeWitt C. Justice and Judge Maurice Winfield and then entered Albany Law School, Union University, at Albany, New York, graduating in June, 1877. Returning to Logans- port, he practiced with Judge Winfield until 1889, then form- ing a partnership with Judge John C. Nelson, which continued until 1903. He was city attorney of Logansport from 1885 to 1887. In 1906 Nelson retired and Myers continued in the practice alone until January 1, 1909. In 1908 he was elected to the Supreme bench, serving from 1909 to 1915. He then returned to the practice of law at Indianapolis. Judge Myers is a Republican, a Knight Templar, Elk, and a Methodist. On March 3, 1886, he married Jessie D. Cornelius, two children being born, Melissa and Marie Rosanna, the latter dying in 1910.
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