USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 13
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SUMMARY OF CIVIL AND CRIMINAL CASES IN INDIANA, 1911-1915
Civil Cases.
1911
1912 35,398
1913 38.841 34,047
1914 37,530
1915 37,914
Cases disposed of.
30,803
32,018
31,523
33,824
Cases venued to other counties.
1,149
1,105
1,339
1,373
1,506
Cases venued from other counties
1,098
1,341
1,382
1,305
1,664
Children's cases in Juvenile court
3,463
2,234
2,901
3,447
4,175
Letters of administration issued
6,371
7,220
6,941
7,123
7,310
Guardianships issued
2,475
2,686
2,821
2,353
2,552
Decrees of foreclosures entered Sheriff's sales
956
1,081
1,109
1,209
1,228
Adjudged of unsound mind.
1,065
1,139
1,416
1,290
1,374
Marriage licenses issued
30,345
31,540
31,653
31,229
31,534
Criminal Cases.
Cases filed
7,905
6,330
8,090
7,394
5,743
Cases dismissed
2,873
2,960
3,025
3,454
1,956
Cases disposed of.
4,997
4,618
5.062
5,348
3,154
Cases venued to other counties
69
83
47
76
31
Cases venued from other counties
63
80
65
61
26
Convictions for felonies.
1,085
1,167
1,344
1,550
1,090
Convictions for felonies released probation
on
385
396
448
459
317
Convictions for misdemeanors
1,907
1,251
1,431
1,677
810
Convictions for misdemeanors
re-
leased on probation
247
174
247
357
197
Cases for violation of liquor laws
1,403
837
1,274
866
729
Convictions for violations of liquor
617
380
488
378
210
The tables showing the arrests and convictions in the county, city and justice of the peace courts cover the years 1910 to 1914, inclusive. At the time this data was prepared (June, 1916), Grant and Vigo counties had not made their reports for 1915 and consequently it was impossible to give the statistics for 1915.
ARRESTS AND CONVICTIONS IN THE COUNTY COURTS, 1910-1914.
FELONIES. White
Colored
Total Convic-
Male Female
Male
Female Arrests
tions
1910
1,809
102
112
3
2,026
1,078
1911
1,873
69
116
6
2,064
1,085
1912
2,341
76
130
10
2,557
1,167
1913
2,293
59
116
14
2,482
1,344
1914
2,415
65
187
6
2,673
1,515
MISDEMEANORS.
White
Colored
Total Convic-
Male Female
Male
Female Arrests
tions
1910
2,486
179
65
8
2,738
1,522
1911
3,101
240
52
-
3,393
1,907
1912
2,237
61
61
3
2,363
1,251
1913
2.873
109
39
2
3,023
1.431
1914
2,517
96
121
17
2.761
1,659
Cases filed
35,556
1,428
1,534
1,504
2,032
2,029
laws
531
RESUME OF THE JUDICIARY SYSTEM
ARRESTS AND CONVICTIONS IN THE CITY COURTS.
MISDEMEANORS.
White
Colored
Total Convic-
Male Female
Male
Female Arrests
tions
1910
28,521
2,523
4,344 1,036
36,424
20,206
1911
30,984
2,549
4,844
1,071
39,448
21,998
1912
28,847
2,716
5,337
1,181
38,081
21,067
1913
29,656
2,484
4,385
1,051
37,576
22,423
1914
25,384
1,940
1,572
356
29,252
18,366
ARRESTS AND CONVICTIONS IN THE JUSTICE OF THE PEACE COURTS.
MISDEMEANORS.
White
Colored
Total Convic-
Male Female
Male
Female Arrests
tions
1910
11,342
597
256
86
12,281
9,834
1911
12,949
900
256
108
14,315
11,408
1912
11,969
899
349
102
13,319
10,099
1913
12,730
923
330
98
14,081
10,500
1914
10,490
606
487
80
11,663
8,746
SUMMARY OF COURTS OF INDIANA.
The following summary shows all the different courts of Indiana, the dates of their establishment and abolishment, and such other facts as are concerned with the general history of the development of the courts.
Supreme Court.
1. Constitution of 1816 provided for three members (Art. V, Sec. 1).
2. Constitution of 1851 provided for not less than three nor more than five members (Art. VII, Sec. 2).
1. Act of February 19, 1852, provided for four members.
2. Act of December 16, 1872, added the fifth member. Supreme Court Commissioners.
1. Act of April 14, 1881, provided for a Commission of five members.
2. Act of March 3, 1883, extended the term of the Commission to April 14, 1885.
3. Act of 1889, provided for a second Supreme Court Commission, but the Supreme Court declared the act unconstitutional (118 Ind. 350). Appellate Court.
1. Act of February 28, 1891, established the court and provided for five members.
2. Act of March 12, 1901, added a sixth member.
Circuit Court.
1. Constitution of 1816 provided for president judges for each cir- cuit to be elected by the Legislature for a term of seven years, and for two associate judges for each county to he elected by the quali- fled voters of each county (Art. V, Sec. 3).
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COURTS AND LAWYERS OF INDIANA
2. Constitution of 1851 provided for circuit judges to be elected by the voters of each circuit for a term of six years (Art. VII, Sec. 8-9).
Probate Court.
1. Territorial Probate court established with the act of August 30, 1788; abolished by the act of July 29, 1805.
2. State Probate court established, January 29, 1818.
3. Act of February 11, 1825, placed the Associate Judges in charge of the Probate court.
4. Act of January 23, 1829, provided for the election of a Probate Judge iu each county in the state by the voters thereof for a period of seven years.
5. Act of May 14, 1852, abolished the Probate court and transferred all pending cases to the Common Pleas court.
6. Act of March 9, 1907, established a Probate court in counties with cities of not less than 100,000 population. This limitation re- stricted such a court to Marion county.
Common Pleas Court.
1. Act of June 6, 1795, established Common Pleas courts in the Northwest Territory; such courts continued during the territorial period of Indiana (1800-1816), but were not provided for by Con- stitution of 1816.
2. Act of February 14, 1848, established a special Common Pleas court in Tippecanoe county.
3. Act of January 4, 1849, established a special Common Pleas court in Marion county.
4. Act of February 13, 1851, established a Common Pleas court in Jefferson county, but the act seems not to have been put into operation.
5. Act of May 14. 1852, abolished the old Probate courts and special Common Pleas courts, and established Common Pleas courts in ali the counties in the state. They took the place of the old Probate court and were also given jurisdiction over certain causes formerly restricted to the Circuit court.
6. Act of March 6, 1873, abolished all Common Pleas courts in the state, and transferred all peuding cases to the Circuit court.
Criminal Court.
1. Act of December 20, 1865, established the first Criminal court in the state, and subsequently eight other similar courts were estab- lished, all of which have been abolishd. Marion county now has the only Criminal court in the state.
Superior Court.
1. Act of February 15, 1871, established the first Superior court in Marion county. Many other counties have since established such courts, some under general and others under special acts of the Legislature.
Juvenile Court.
1. Act of March 10, 1903, established the first and only Juvenile court in the state. It is in Marion county.
533
RESUME OF THE JUDICIARY SYSTEM
Court of Claims.
1. Act of March 9, 1889, established the Court of Claims in accord- ance with the provision in the 1851 Constitution (Art. IV, Sec. 24). The Marion county Superior court was constituted the Court of Claims.
Court of Conciliation.
1. Act of June 12, 1852, established Courts of Conciliation in accord- ance with the provision of the 1851 Constitution (Art. VII, Sec. 19) ; abolished with the act of November 30, 1865.
Orphans' Court.
1. Act of June 16, 1795, established Orphans' courts in the Northwest Territory, and they were continued under the provisions of this act until abolished by the territorial Legislature, August 24, 1805. Court of Chancery.
1. Act of August 2, 1805, established a Court of Chancery ; abolished by the act of March 11, 1813.
Court of Impeachment.
1. Act of August 24, 1805, established a Court of Impeachment.
2. Constitution of 1816 (Art. III, Sec. 23-24) provided that the Leg- islature should impeach all civil officers of the state.
3. Act of 1805 was adopted by the Legislature of 1818, but it became inoperative upon the failure of the Legislature to include it in the Revision of 1824.
4. Constitution of 1851 (Art. VI, Sec. 77) provided that the Legis- lature could impeach all state officers for "crime, incapacity or negligence ;" it also provided that state, county, township or county officers could be removed or impeached "in such manner as may be prescribed by law." No act has ever been passed providing for removal by the Legislature, but the Legislature in 1875 provided for the removal of an officer who became intoxicated while actually in the performance of his official duties.
Coroners' Court.
1. Act of December 21, 1788, established a Coroners' Court in the Northwest Territory.
2. Act of 1788, with some little change, was incorporated in the Re- vision of 1807.
3. Legislation uuder the Constitutions of 1816 and 1851 has made practically no change in the Coroners' courts since their creation in territorial days.
Justice of Peace Court.
1. Act of August 23, 1788, recognized the Justice of Peace court, and under this act these courts operated until after Indiana was organ- ized as a Territory in 1800.
2. Act of August 12, 1805, established the court in Indiana, the act being based largely on the act of December 2 1799, which, in turn, was supplementary to the act of. August 23, 1788.
3. Constitutions of 1816 (Art. V. Sec. 12) and 1851 (Art. VII, Sec. 14), provided for Justice of Peace courts.
534
COURTS AND LAWYERS OF INDIANA
Indiana Workmen's Compensation Act.
1. Act of March 8, 1915, created a tribunal, which, in some respects, is a judicial body. It handles all damage cases due to industrial accidents, and has the authority to settle such cases without the Intervention of any other court. In effect, It becomes a court, with powers taken from the Circuit court. (Acts, 1915, p. 392).
CHAPTER XXII.
THE COUNTY COURTS OF INDIANA.
The history of the County courts of Indiana properly begins with the organization of Knox county, June 20, 1790, . the date on which the county was organized by Winthrop Sargent, the secretary of the Northwest Territory. No other county was organized within the present limits of Indiana prior to 1800, when the Territory of Indiana was created by an act of Congress. The congressional act of May 7, 1800, divided the Northwest Territory by a line drawn from the mouth of the Kentucky river to Fort Recovery, in Mercer county, Ohio, and thence due north to the boundary between the United States and Canada. All the territory west of this line was designated as the Territory of Indiana, while that east of the line retained the old name of Northwest Territory.
At this time there were three counties in Indiana Terri- tory, Knox, St. Clair and Randolph, the latter two being located in the southwestern part of the present state of Illi- nois, along the Mississippi river. The two Illinois counties remained a part of Indiana Territory until 1809, when Illi- nois Territory was organized by Congress. No attempt has been made to discuss the court history of these two counties.
While Indiana was a Territory (1800-1816), there were twelve new counties organized, that is, there were only thirteen counties formally organized when the territorial Legislature petitioned Congress for an enabling act. These counties, with the dates of their organization, number of voters and their total population in 1815, are given in the following table :
Name
Date of Organization
Voters
Pop.
Knox
June
20, 1790
1,391
8,068
Clark
February
3, 1801
1,387
7,150
Dearborn
March
7, 1803
902
4,424
Harrison
October
11, 1808
1,056
6,975
Jefferson
November
23. 1810
874
4,270
Franklin
November
27, 1810
1,430
7,370
Wayne
November
27, 1810
1,225
6,407
Warrick
March
9, 1813
280
1,415
536
COURTS AND LAWYERS OF INDIANA
Name
Date of Organization
Voters
Pop.
Gibson
March
9. 1813
1,100
5,330
Washington
December
21, 1813
1,420
7,317
Switzerland
September
7, 1814
377
1,832
Posey
.September
7, 1814
320
1,619
Perry
.September
7, 1814
350
1,720
Two other counties, Jackson and Orange, were organized in December, 1815, but they were considered as parts of other counties when the census was taken. In the compilation of the data for the county chapters, the complete judiciary of all the fifteen counties organized prior to November 7, 1816, . has been given. The record of all the judges and justices of peace has been preserved in John Gibson's Executive Journal. This volume, in his own handwriting, is in the secretary of state's office at Indianapolis. The Indiana Historical Society published the Executive Journal (Vol. III, No. 3) in 1900, the editors being W. W. Woollen, Daniel Waite Howe and Jacob Piatt Dunn.
It is manifestly impossible in the preparation of such a work as the present publication to treat the judicial history of each county in detail. A volume might be written about the courts of each county in the state, its lawyers, its famous trials, etc., but such a procedure would far transcend the plan on which this history has been based. Briefly stated, each county chapter contains the facts concerning the organization of the county, the location of the county seat, the meeting of the first court and a complete list of all the judges and prose- cutors of the various kinds of courts which have been estab- lished in the counties.
An effort has been made to make personal mention of the judges of each circuit, as well as some of the more prominent members of the local bar. Many counties have but a brief historical sketch, for the reason that the judges who presided over their courts were discussed in other counties of the cir- cuit. For instance, in 1852 the whole state was divided into ten circuits and at least one judge had thirteen counties in his circuit. It would be unnecessary to mention this judge spe- cifically in each county in his circuit, although in the list of judges prepared for each county his name will be found in its proper place. Many judges and lawyers of the state have contributed data on their respective counties. Many lawyers
537
THE COUNTY COURTS
other than judges have held prominent positions in the state and nation and are discussed elsewhere in this work.
In the first volume may be found a full discussion of all the different kind of courts and it remains only to notice them briefly in this connection. Each county in the state, with the exception of Newton, had Associate, Probate and President Judges, and prosecuting attorneys under the old Constitution. Two Associate judges for each county were elected by the voters for a term of seven years; one Probate Judge was elected by the voters of each county for seven years, after the act of January 23, 1829; President Judges for each circuit were elected by the Legislature for a term of seven years; prosecuting attorneys were elected for a one-year term by the Legislature for each circuit from 1824 until the act of Febru- ary 11, 1843, which provided for their election by the voters of each circuit for a two-year term. Four years later (Janu- ary 27, 1847) the Legislature provided for the election of prosecuting attorneys in each county of the state, their tenure to be three years. It must be understood that these were county and not circuit prosecutors, although they had charge of all the state's cases in the Circuit courts. Two years later (January 16, 1849) another change was made in regard to the election of the prosecutor. This act returned to the circuit system and provided for the election of one prosecutor each for the fourth and eighth circuits, but an exception was made in this act to Wabash and Cass counties, of the Eighth, and to Posey, Perry and Crawford, of the Fourth circuits. How- ever, with the act of February 14, 1851, the state returned to the method of electing a prosecutor by the voters of each cir- cuit, whose tenure should be two years. The acts of 1849 and 1851 will explain why there are not prosecutors listed in the counties between these two dates.
With the adoption of the present Constitution in 1852 a new system of courts was inaugurated. The former Presi- dent Judge now appeared as the Circuit Judge, elected by the voters of each circuit for a term of six years. The Pro- bate court was discontinued and its place taken by the Com- mon Pleas court, the latter court continuing in operation until abolished by the act of March 6, 1873. An explanation of the
538
COURTS AND LAWYERS OF INDIANA
Common Pleas districts is given in connection with the chapter on the Minor Courts in Volume I, as is a discussion of the Superior, Criminal, Probate and Juvenile courts.
In listing the Circuit Judges, each change in circuiting is indicated, thereby making it possible to tell to which circuit a county belongs at any date. The same procedure is fol- lowed with the prosecuting attorneys. The tenure of all judges and prosecutors has been ascertained from the original commissions in the office of the secretary of state at Indi- anapolis. In many cases the commissions do not indicate the exact date on which the judge or prosecutor took his office, and where this happens local records have been examined in order to establish the proper date of incumbency.
It has been found that the records often are incomplete and even inaccurate; names are often misspelled or illegible or both; dates suffer in the same way; some commissions are even missing. In some instances names are spelled as many as three different ways; in at least one case, father and son, both judges, spell their names differently. Whenever there has been any doubt about the spelling of a name the local records have been depended upon for the proper spelling. The lists of the President, Circuit, Common Pleas, Superior, Criminal, Probate and Juvenile Judges, as well as the circuit, district and criminal prosecutors, have been sent to the judges now on the bench, or to some lawyer in the county, for veri- fication. Many errors in spelling and dates have been rectified in this way. With all the efforts which have been taken to insure accuracy, there may still be found some errors.
The greatest difficulty in compiling the lists of Circuit Judges and prosecutors was encountered in those years where new circuits were created or old ones reorganized. There has been but one complete recircuiting of the state since 1852 the one provided by the act of March 6, 1873. During the decade following the Civil War, political prejudices were re- sponsible for more than one change in circuiting. Some judges were so unpopular that influential members of the bar sought and attained the attachment of their counties to other circuits in order to be rid of a particularly obnoxious judge. By 1873 there was such a hopeless confusion in the organ-
539
THE COUNTY COURTS
ization of the circuits that the Legislature was compelled to take drastic measures to straighten out the situation. Since that time there has been little difficulty experienced in creat- ing new circuits or combining circuits already organized.
ADAMS COUNTY.
Adams county required three separate legislative acts be- fore it got organized, namely : February 2, 1835, January 23, 1836, and January 30, 1836. The latter act resulted in the formal organization of the county on the 1st of March, 1836. Decatur was chosen as the county seat within a short time after the county was organized, the site being donated by Samuel Johnson, who offered as an inducement to have the seat of justice located on his land, the sum of thirty-one hundred dollars, four church lots, half an acre for a public square, two acres for a cemetery and one acre for a seminary. He further agreed to pay the expenses of the locating commis- sioners and to furnish a house to hold court in until suitable buildings could be erected. This was too tempting an offer to be refused and the commissioners promptly accepted the offer "and proceeded to the aforesaid town site, and marked a white oak tree with blazes on four sides, on each of which they individually inscribed their names." Although Decatur has always been the county seat, it came very near losing it in 1850, when the town of Monroe made a strong bid for the honor. At an election held that year, four towns were voted for, the result of the election being as follows: Decatur, 474; Monroe, 343; Monmouth, 14. and Pleasant Mills, 2.
The first Circuit court convened on April 13, 1837, at the house of John Reynolds: Charles W. Ewing was the Presi- dent Judge of the Eighth circuit to which Adams was at- tached. Robert R. Ray and John K. Evans were the Asso- ciate Judges. The first case in court was listed on the docket as Alexander Smith, Treasurer of the Board of School Trustees, vs. Thomas Ruble. The case was dismissed at the cost of the defendant. Neither of the first two Judges, G. A. Everts and S. C. Sample, who presided over the Eighth circuit be-
540
COURTS AND LAWYERS OF INDIANA
tween the organization of the county and December 10, 1836, when Charles W. Ewing was transferred to the circuit, held a term of court in Adams county.
ASSOCIATE JUDGES.
Robert R. Ray Appointed April 18, 1836; resigned, June, 1838.
John K. Evans Appointed April 18. 1836-April 18, 1850.
William Elzey Appointed August 16, 1838, vice Ray resigned; re- signed, July, 1841.
Wade Loafbourrow Appointed September 21, 1841, vice Elzey resigned ; April 18, 1843.
Ezekiel Hooper April 18, 1843-April 18, 1850.
William Storkham April 18, 1850-October 12, 1852.
Enoch A. Bunner April 18. 1850-October 12, 1852.
The records state that John K. Evans resigned in May, 1841, but, of course, his reasons for so doing are not given. In the fall of the same year he was elected to the same office from which he had resigned in the spring and his commission, dated August 11, 1841, states that he was to serve seven years from April 18, 1836. There is nothing to indicate that anyone was appointed to fill the vacancy between May and August and for this reason his service is indicated as extending from April 18, 1836, to April 18, 1850.
PROBATE JUDGES.
Robert D. Tisdale Appointed May 1, 1839-August 15, 1839.
James Crabs August 15, 1839, commission issued, but Crabs re- fused to accept the office.
Robert D. Tisdale Appointed September 23, 1839, vice Crabs, and to serve until the August, 1840, election. Tisdale was elected and served until he resigned in May, 1841.
Josephus Martin August 11. 1841, commissioned. but refused to accept.
Alvin Randall Appointed January 28, 1842, vice Martin; August 30, 1849.
David Showers August 30, 1849-October 12, 1852.
The records in the office of Secretary of State give Tisdale as the first Probate Judge, but local records give Jacob Barks as serving from 1837 to 1839. The refusal to accept the office was due to the fact that it was not sufficiently remunerative to attract the better class of lawyers and only those with considerable training were able to fill it. Tisdale was evidently appointed after the resignation, death or removal of Barks.
COMMON PLEAS JUDGES.
James W. Borden 1852; resigned March 2, 1858
Joseph Brackenridge. .Appointed March 2, 1858-1864.
James W. Borden 1864-67, resigned.
Robert S. Taylor Appointed October 29, 1867-November 2, 1868. David Studebaker 1868-69, resigned.
541
THE COUNTY COURTS
Robert S. Taylor Appointed September 1, 1869-October 24, 1870. William W. Carson 1870-72, resigned.
Samuel E. Sinclair Appointed September 5, 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
David Studebaker 1552-54.
Robert Brackenridge 1854-56.
William G. Spencer 1856 (declined to accept).
William L. Smith Appointed December 16, 1856-1858, resigned.
John Colerick Appointed November 9, 1858-1859, resigned.
Joseph S. Vance Appointed May 24. 1859-60.
David T. Smith
1860-62.
David Colerick
1862-66.
Joseph S. Dailey
1866-68.
Benjamin F. Ibach 1868-72.
Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts. March 1, 1836; resigned July 5, 1836. Eighth circuit.
Samuel C. Sample. Appointed July 5, 1836-December 10, 1836. The act of December 10, 1836, reorganized the Eighth and created the Ninth, Sample being transferred to the new circuit.
Charles W. Ewing December 10, 1836-January 30, 1839. The act of January 28, 1839, put Adams in the Eleventh. Morrison Rulon Commissioned January 20, 1839, but failed to qualify.
David Kilgore. Appointed March 1, 1839-December 15, 1841. The act of December 14, 1841, put Adams in the Twelfth.
James W. Borden December 15, 1841; resigned July 31, 1851.
Elza A. McMahon Appointed July 31, 1851-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned to take effect August 15, 1855. Teuth circuit.
James L. Worden Appointed July 19, 1855, to serve from August 15, 1855; resigned January 18, 1858, to become Judge of the Supreme court, to which he had been ap- pointed.
Reuben J. Dawson Appointed January 18, 1858-October 26, 1858. Edward R. Wilson. October 26. 1858-October 26, 1864.
Robert R. Lowry October 26, 1864-March 6, 1873. The act of March 6. 1873. put Adams in the Twenty-sixth circuit and at the same time transferred Lowry to the Thirty- eighth.
Jacob M. Haynes. March 6. 1873-November 23, 1877.
James R. Bobo November 23, 1877-November 23, 1889.
542
COURTS AND LAWYERS OF INDIANA
Daniel D. Heller. November 23, 1889-November 23, 1901. The act of March 1, 1897, made Adams the sole county in the Twenty-sixth, where it has since remained.
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