USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 14
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Richard K. Erwin November 23, 1901-November 23, 1907.
James T. Merriman
November 23, 1907-November 23, 1913.
David E. Smith
November 23. 1913; term expires November 23, 1919.
Judge Worden was appointed Supreme Judge in 1858 to fill the vacancy caused by the resignation of William Z. Stuart and served by subsequent election until 1865. He served again on the Supreme bench from 1871 until he resigned, December 2, 1882. Judge Erwin has been a member of the Supreme court of the state since January 1, 1913.
PROSECUTING ATTORNEYS.
Samuel C. Sample March 1, 1836-July 5, 1836. Eighth circuit.
Joseph L. Jernegan Appointed July 5, 1836; transferred to the Ninth by the act of December 10, 1836.
Thomas Johnson December 10, 1836-December 3. 1838.
John W. Wright December 3, 1838-January 28. 1839. The act of January 28, 1839, put Adams in the Eleventh.
Jehu T. Elliott. Appointed February 18, 1839-August 20, 1839; re- signed.
John Brownlee Appointed August 20, 1839-December 5, 1839.
Jeremiah Smith December 5. 1839-December 14. 1841. The act of December 14, 1841, put Adams in the Twelfth.
William H. Combs. December 14, 1841; resigned October 30, 1843.
Robert L. Douglas Appointed October 30, 1843-September 19, 1845.
Elza A. McMahon Appointed September 19, 1845-September 19, 1847.
James L. Worden August 28, 1851-October 12, 1852. Tenth circuit.
John M. Connell. October 12, 1852; resigned January 27, 1853.
Joseph Brackenridge_ Appointed January 27. 1853; refused to accept. James L. Worden. Appointed February 17, 1853, vice Connell, re- signed, and Brackenridge refused to accept appoint- ment. Worden resigned January 7, 1854, to take effect February 1, 1854.
Edward R. Wilson Appointed February 1, 1854; resigned in August, 1856.
Sanford J. Stoughtou __ Appointed August 20, 1856-December 6, 1858.
James M. Defrees Appointed December 6, 1858; died in office in May, 1859.
John Colerick Appointed May 10, 1859-October 26, 1860.
Augustus A. Chapin October 26, 1860-November 3, 1862.
James H. Schell November 3, 1862-November 3, 1866.
Thomas W. Wilson November 3, 1866-November 3, 1868.
Joseph S. Dailey November 3. 1868-November 3, 1876. Transferred from the Eighth to the Twenty-sixth by act of March 6, 1873.
Joshua Bishop October 24, 1876-December 29, 1876, resigned.
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Luther F. Baker Appointed December 29, 1876-October 26, 1880.
John T. France October 26, 1880-November 17, 1884.
Edwin C. Vaughn November 17, 1884-March 9, 1885, resigned.
Oscar H. Adair. Appointed March 9, 1885-November 17, 1888.
Richard H. Hartford. _November 17, 1888-November 17, 1890.
George F. Whitaker November 17, 1890-November 17, 1892.
Richard H. Hartford _November 17, 1892-November 17, 1894.
F. H. Suyder
November 17, 1894-November 17, 1896.
David E. Smith November 17, 1896-November 17, 1900.
John C. Moran November 17, 1900-January 1, 1907.
Henry B. Heller January 1, 1907-January 1, 1911.
Rolla C. Parrish January 1, 1911-January 1, 1915.
J. Fred Frichte January 1, 1915; term expires January 1, 1917.
ALLEN COUNTY.
Allen county was organized by the legislative act of De- cember 17, 1823, and the act became effective on April 1, 1824. There was no question but that the locating commis- sioners would select Ft. Wayne as the county seat, since it not only was the most centrally located site, but also had the advantage of the most desirable location in every other re- spect.
When Allen county was organized it was attached to the Third circuit, which at that time was presided over by Miles C. Eggleston. The first session of the Circuit court con- vened in Ft. Wayne in April, 1824, at the log tavern of Alexander Ewing. Judge Eggleston was not present, but the Associate Judges, Samuel Hanna and Benjamin Cushman, were present and, in the absence of the President Judge, took the oath of office and opened the court. Charles W. Ewing was appointed prosecuting attorney, the prosecuting attorney for the circuit, Oliver H. Smith, not being present. It is interesting to note that Gen. John Tipton, later United States senator, who was then living at Ft. Wayne, was the foreman of the first grand jury of Allen county. The first business of the court was to admit William C. Ewing to the bar.
The act of February 12, 1825, placed Allen county in the Fifth district, which at that time contained the counties of Morgan, Johnson, Shelby, Bartholomew, Decatur, Rush, Henry, Madison, Marion, Hamilton, Hendricks and Monroe. To this circuit were also later added Carroll and Hancock,
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COURTS AND LAWYERS OF INDIANA
in 1828, and Cass, in 1829. Allen county was placed in the Sixth circuit by the act of January 20, 1830, and in the Eighth circuit by the act of January 7, 1833. It remained in this circuit until December 14, 1841, when it was placed in the Twelfth circuit with Wells, Huntington, Whitley, Noble, La- grange, Steuben, Dekalb and Adams counties. It remained in this circuit until the adoption of the new Constitution in 1852.
Bethuel F. Morris, of Indianapolis, appeared as Presiding Judge at Ft. Wayne on June 6, 1825. At the November ses- sion of the same year, John Tipton was indicted for assault and battery, pleaded guilty and was fined three dollars, "for the use of the county seminary of Allen county." Miles C. Eggleston, of Madison, first appeared at the August term of 1826 and continued to serve as President Judge until 1830. Charles H. Test was appointed judge of the newly organized Sixth circuit on January 23, 1830. Judge Test opened the tenth term of Allen Circuit court with William N. Hood as Associate Judge and James Perry as prosecutor. Perry was from Centerville and continued in the practice of law until he was nearly ninety years of age. At the first session of the court in 1830, David H. Colerick was admitted to the bar. He was the father of six sons, all of whom became prominent citizens, one of them serving in after years as a member of the Supreme court commission.
In 1833, as above stated, Allen county was placed in the Eighth circuit and Gustavus A. Everts was appointed Judge of this new circuit. By 1836, the circuit had increased in size until it included fifteen counties, as well as a large unor- ganized territory which came under the jurisdiction of con- tiguous counties of the circuit for jurisdictional purposes. Judge Everts resigned in July, 1836, and Samuel C. Sample, of South Bend, became the President Judge. Judge Sample remained on the bench less than a year, resigning to accept a seat in Congress. After leaving that body, he became con- nected with one of the branches of the State Bank at South Bend. Upon the resignation of Sample, Charles W. Ewing was appointed as President Judge of the Eighth circuit and remained on the bench until he committed suicide in 1843.
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In the fall of 1839 Henry Chase, of Logansport, was appointed judge of the Eighth circuit, serving until John W. Wright, of Logansport, was appointed, December 15, 1839. Judge Wright retired from the bench in December, 1841, and in the following year was elected mayor of Logansport. He was elected to the Legislature in 1856, but declined to serve. During the fall of that year he went to Kansas and took a prominent part in making a free state. He was selected a member of the Kansas Constitutional Convention, was sub- sequently elected to the Legislature of the state and chosen speaker of the House. After Lincoln became President, he removed to Washington, D. C., where he became a prominent member of the bar, dying in that city, October 9, 1899.
James W. Borden was appointed President Judge of the Eighth circuit on December 15, 1841, the day after Allen county was placed in the newly created Twelfth circuit, which included at that time the counties of Allen, Adams, Wells, Huntington, Whitley, Noble, Steuben, Lagrange and Dekalb. Judge Borden resigned in 1851, and was succeeded by Elza McMahon, the latter serving until the new Constitution went into operation October 12, 1852. Judge Borden afterwards became Judge of the Common Pleas court and, still later, of the Criminal court of Allen county.
The act of June 17, 1852, placed Allen in the Tenth circuit. In the fall of that year Elza A. McMahon was elected as the first judge of the circuit. Judge McMahon resigned in 1855, and was succeeded by James L. Worden, who continued on the bench until he resigned, in January, 1858, to become a mem- ber of the Supreme court. Reuben J. Dawson was appointed to fill the unexpired term of Judge Worden and was succeeded by Edward R. Wilson, who was elected in the fall of the same year for a six-year term. Robert R. Lowry ascended the bench in 1864, and served until his resignation, February 27, 1875. During his term of office, the act of March 8, 1873, united Allen with Whitley in the Thirty-eighth circuit. Judge Lowry was later elected to Congress for one term and afterwards practiced law in Ft. Wayne until his death, in 1904.
Upon Judge Lowry's resignation in 1875, Governor Hen- (35)
-
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COURTS AND LAWYERS OF INDIANA
dricks appointed William W. Carson to serve the remainder of the term, although the members of the local bar, with one exception, recommended the appointment of another lawyer. Strange to say, the recommendation was for a Republican and signed by every Democrat at the bar with one exception, and it was that one Democrat who was appointed by the Governor.
In the fall of 1876, Edward O'Rourke was elected Judge of the circuit and, by subsequent re-elections, held the office until November, 15, 1912, serving six full terms of six years each. Judge O'Rourke had the honor of serving longer on the bench than any other Judge in the state. John W. Eggeman, the present Judge of the circuit, ascended the bench on No- vember 15, 1912.
It is not possible within the limits of the discussion of the courts of Allen county to enumerate all the lawyers who have practiced before the local bar. All of the various Judges and prosecuting attorneys, with dates of their tenure, are given in the roster of the judicial officers of the county. Among other lawyers who have been identified more or less with the Allen county bar, may be mentioned the following : W. H. H. Miller, who was Attorney-General of the United States under President Harrison; Walter Olds, who became a member of the Supreme court of the state; Robert S. Taylor, well known as an expert in legal affairs connected with elec- tric affairs ; Solomon D. Bayless, who served as pension agent from 1862 to 1868; Isaac Jenkinson, who was presidential elector in 1860 and United States consul at Glasgow, Scotland, from 1869 to 1874; John Morris, who served on the Supreme bench in Indiana ; Robert S. Robinson, at one time Lieutenant- Governor of Indiana, and many others who might be men- tioned.
The following residents of Allen county have served in Congress at various times, most of them having been lawyers : James E. White, A. H. Hamilton, Charles Chase, Walpole G. Colerick, Joseph K. Edgerton, Charles Braton, James M. Robinson and Newton Gilbert. Gilbert was Lieutenant-Gov- ernor of the state before serving as a member of Congress and was later appointed to a responsible position in the Philippine islands, where he is now living.
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ASSOCIATE JUDGES.
Samuel Hanna June 15, 1824.
Benjamin Cushman June 15, 1824.
William N. Hood. April 3, 1827, vice Samuel Hanna, resigned.
Lewis G. Thompson February 23, 1831, to serve seven years from June 15, 1831; resigned July 19, 1835.
William N. Hood July 14, 1831; removed from county and Governor issued writ of election December 9, 1833 (never held it).
William G. Ewing May 5, 1834, to serve seven years from July 14, 1831 (vice William N. Hood, removed) ; resigned July 4, 1835.
David Rankin August 14, 1835, appointed, vice William G. Ewing, resigned, to serve seven years from July 14, 1831; resigned November 30, 1836.
Peter Hewling January 23, 1836, vice Lewis G. Thompson, resigned, to serve seven years from June 15, 1831.
Marshall S. Wines. January 26, 1837, to serve seven years from July
14, 1831, vice David Rankin, resigned.
Marshall S. Wines September 25, 1837; resigned 1841.
Nathan Coleman September 25, 1837; resigned 1841.
Joseph H. McMakin December 8, 1841, vice Marshall S. Wines, resigned, to serve seven years from June 15, 1838.
Joseph H. McMakin August 28, 1844.
Robert Storkweather. August 28, 1844; resigned August 8, 1850.
Andrew Metzger
August 19, 1850, to serve seven years from June 15,
1845.
PROBATE JUDGES.
William G. Ewing September 10, 1829; resigned April 20, 1834.
Hugh McCulloch Appointed May 5, 1834, to serve from June 20, 1834; served until he resigned, in November, 1835.
Thomas Johnson Appointed, November 17, 1835-October 26, 1839.
Reuben J. Dawson October 26, 1839-August 17, 1840.
Samuel Stophlet August 17, 1840; resigned in July, 1844.
George Johnson Appointed July 18, 1844-August 20, 1847.
Nelson McClain August 20, 1847-October 12, 1852.
COMMON PLEAS JUDGES.
James W. Borden. 1852; resigned March 2, 1858.
Joseph Brackenridge Appointed March 2, 1858-64.
James W. Borden 1864-67, resigned.
Robert S. Taylor Appointed October 29, 1867-November 2, 1868.
David Studebaker 1868-69, resigned.
Robert S. Taylor. Appointed September 1, 1869-October 24, 1870.
William W. Carson 1870-72, resigned.
Samuel E. Sinclair Appointed September 5, 1872-73.
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COURTS AND LAWYERS OF INDIANA
DISTRICT PROSECUTING ATTORNEYS.
David Studebaker 1852-54.
Robert Brackenridge 1854-56.
William G. Spencer 1856 (declined to accept).
William L. Smith
Appointed December 16, 1856-58, resigned.
John Colerick
Appointed November 9, 1858-59, 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.
Miles C. Eggleston April 1, 1824-January 20, 1830. Third circuit. The act of January 20, 1830, put Allen in the Sixth.
Charles H. Test. Appointed January 23, 1830-January 7, 1833. The act of January 7, 1833, put Allen in the Eighth.
Gustavus A. Everts Appointed January 9, 1833 ; resigned July 5, 1836.
Samuel C. Sample. Appointed July 5, 1836-December 10, 1836.
Charles W. Ewing. Appointed December 1, 1836-September 1, 1839. The act of December 10, 1836, transferred Sample to the Ninth.
Henry Chase Appointed September 1, 1839-December 15, 1839.
John W. Wright. December 15, 1839-December 15, 1841.
James W. Borden Appointed December 15, 1841; resigned to take effect July 31. 1851. The act of December 14, 1841, put Allen in the Twelfth.
Elza McMahon Appointed July 23, 1851-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned July 19, 1855, to take effect August 15, 1855. Tenth circuit.
James L. Worden Appointed August 15, 1855; resigned January 18, 1858. The Allen Circuit records show that Judge Worden opened his first court on September 3, 1855.
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; resigned February 27, 1875. The act of March 6, 1873, united Allen and Whitley in the Thirty-eighth.
William W. Carson Appointed February 27, 1875-October 24, 1876. The act of March 9, 1875, made Allen the sole county in the Thirty-eighth, where it has since remained.
Edward O'Rourke October 24, 1876-November 15, 1912.
John W. Eggeman November 15, 1912; term expires November 15, 1918.
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PROSECUTING ATTORNEYS.
Oliver H. Smith August 9, 1824-August 1, 1826, resigned. Third cir- cuit.
Amos Lane. Appointed August 1, 1826-December 30, 1826.
Cyrus Finch December 30, 1826-December 30, 1828.
M. M. Ray December 30, 1828-January 20, 1830. The act of
January 20, 1830, put Allen in the Sixth.
James Perry January 25, 1830-January 25, 1832.
William J. Brown January 25, 1832-January 7, 1833. The act of Jan- uary 7, 1833, put Allen in the Eighth.
John B. Chapman January 10, 1833-August 11, 1834, resigned.
Samuel C. Sample. Appointed August 11, 1834-July 5, 1836, resigned.
Joseph L. Jernegan Appointed July 5, 1836-December 10, 1836; trans- ferred to Ninth.
Thomas Johnson. December 10, 1836-December 3, 1838.
John W. Wright. December 3, 1838-December 5, 1839.
Lucian P. Ferry December 5, 1839-December 14, 1841. The act of
December 15, 1841, put Allen in the Twelfth.
William H. Combs Appointed December 14, 1841-October 30, 1843.
Robert L. Douglas. December 14, 1843-September 19, 1845.
Elza A. McMahon
September 19, 1845-September 19, 1847.
James L. Worden August 28, 1851-October 12, 1852. Tenth circuit.
John M. Connell October 12, 1852; resigned January 27, 1853.
Joseph Brackenridge. Appointed January 27, 1853; refused to accept.
James L. Worden Appointed February 17, 1853, vice Connell, resigned, and Brackenridge refused to accept appointment. Worden resigned January 7, 1854, to take effect February 1, 1854.
Edward R. Wilson Appointed January 26, 1854, to serve from February 1, 1854; resigned August, 1856.
Sanford J. Stoughton __ Appointed August 20, 1856-December 6, 1858.
James M. Defrees December 6, 1858; died in office, May, 1859.
John Colerick Appointed May 10, 1859-October 26, 1860.
August A. Chapin October 30, 1860-November 3, 1862.
James H. Schell November 3, 1862-November 3, 1866.
Thomas W. Wilson November 3, 1866-November 3, 1868.
Joseph S. Dailey November 3, 1868-March 6, 1873. The act of March 6, 1873, put Allen in the Thirty-eighth, where it has since remained.
Jacob R. Bittinger Appointed March 29, 1873-October 27, 1877.
James F. Morrison October 27, 1877 ; resigned November 6, 1880.
Charles M. Dawson November 6, 1880-October 22, 1887. Dawson was first commissioned October 25, 1880, to serve two years from October 22, 1881, but Morrison resign- ing, Dawson evidently assumed the office at the time of the former's resignation.
James M. Robinson October 22, 1887-October 22, 1891.
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COURTS AND LAWYERS OF INDIANA
Philemon B. Colerick __ October 22, 1891-October 22, 1895.
N. B. Doughman October 22, 1895-October 22, 1899.
Emmett V. Emrick October 22, 1899-January 1, 1904.
Ronald T. Dawson January 1, 1904-January 1, 1906.
Daniel B. Ninde January 1, 1906-January 1, 1908.
Albert E. Thomas January 1, 1908-January 1, 1912.
Harry H. Hilgemann
_January 1, 1912-January 1, 1916.
Frank A. Emrick. January 1, 1916; term expires January 1, 1918.
SUPERIOR COURT.
The present Superior court of Allen county was established by the legislative act of March 5, 1877. Immediately after the court was established, Governor Williams appointed Allen Zollars as Judge of the court until the first regular election should select a successor. Judge Zollars resigned in 1877 in favor of the first elected Judge, Robert Lowry. Judge Lowry served until he was elected to Congress in 1882. James L. Worden was appointed to succeed Lowry and held the office until his death, June 2, 1884. Lindley M. Ninde served by appointment from June to November, 1884, at which time Samuel M. Hench was elected and ascended the bench. Augus- tus A. Chapin was elected in 1886 and served until 1890, when Charles M. Dawson succeeded him. Judge Dawson died in office on October 4, 1899, and the Governor appointed William J. Vesey to fill the unexpired term of nearly three years. Owen N. Heaton went on the bench in November, 1902, and served by re-election until November, 1914, when the present incum- bent, Carl Yaple, assumed the office. Judge Yaple's term ex- pires November 15, 1918.
CRIMINAL JUDGES AND PROSECUTORS.
The Allen Criminal court was established as the Twen- tieth circuit by the legislative act of March 9, 1867, and was abolished by the act of February 27, 1883. By the provisions of the act abolishing the court, it was to expire by limitation on October 31, 1884. James A. Fay was appointed by the Governor, March 12, 1867, to serve until the first regular election. The successors of Judge Fay served in the follow- ing order (the dates are those on which they received their
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commissions from the Governor) : James W. Borden, October 23, 1867; Joseph Brackenridge, October 24, 1870; James W. Borden, October 22, 1874, and by re-election served until his death, on April 26, 1882; Warren H. Withers, appointed May 1, 1882, and served until November, 1882, election ; Samuel M. Hench, November, 1882-October 1, 1884. The prosecutors of the Criminal court in Allen county during its existence from 1867 to 1884 were as follow: Robert S. Tay- lor, 1867; Edward O'Rourke, 1867-72; Joseph S. France, 1872-74 (died in July) ; Samuel M. Hench, 1874-81; William S. O'Rourke, 1881-84. When the Criminal court was abol- ished, October 1, 1884, all cases pending before the court at that time were transferred to the Circuit court.
BARTHOLOMEW COUNTY.
Bartholomew county was organized out of Delaware and Jackson counties by an act of the General Assembly, approved January 8, 1821. At that time Bartholomew county included the greater part of what is now Brown county. The locating commissioners selected the present site of Columbus for the county seat and its central location has made it the most satisfactory site which could have been chosen. John Tipton, later United States senator from Indiana, figures in an inter- esting way in the founding of the county seat of Columbus. Tipton donated thirty acres for the site and the commission- ers, grateful for the generous donation, named the new county seat Tiptona in his honor. This was done on February 15, 1821, but for some reason the commissioners at their next meeting, March 20, rescinded their order of the previous month and called the new town Columbus. This was done, according to the most reliable report, on account of Tipton's political views.
Immediately after the organization of the county, the board of commissioners purchased from Luke Bonesteel, a small double log house, which was to be used as a court house. It was found that it was entirely too small for the purpose intended and in November, 1821, arrangements were made to build a new court house of brick, two stories high, forty feet square and twenty-five feet high. The house purchased from
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COURTS AND LAWYERS OF INDIANA
Bonesteel was sold in 1824, and for several years the county officials were installed in such quarters as could be obtained at different places in the town. There were many delays in the construction of the court house, but it was finally com- pleted in September, 1831. In 1839, a new court house, built of brick and with stone trimming, was constructed at a cost of eight thousand five hundred dollars. This building stood in the center of the present public square and, at the time of its completion, was ample for the needs of the county. In 1870 the building was sold for three hundred and fifty dollars. Shortly afterward, a contract was let for the construction of a new building. This court house, when completed, cost ap- proximately two hundred and twenty-five thousand dollars. The building was dedicated December 29, 1874, and is still in use.
The first term of the Circult court in Bartholomew county was held in the old log house owned by Luke Bonesteel, near where the old county bridge afterward was located. Until the court house on the public square was erected, court was held in a room fitted up by Philip Sweetser at the tavern of Thomas Hinkston and Newton Jones. Davis Floyd, a soldier in the War for Independence, was the first President Judge. He had been tried for complicity in the Burr conspiracy and sent to jail for one hour, but had restored himself to public confidence by a gallant service in the War of 1812. He presided but one term (October, 1821), the Associate Judges presiding in his absence, until the 15th day of July, 1822, when William W. Wick, of Indianapolis, succeeded Judge Floyd as President Judge.
Judge Wick was a man of fine literary and legal attain- ments and, notwithstanding the fact that he was a politician, made an acceptable Judge. He was a Judge, a member of Congress, and filled many other offices with honor to himself and satisfaction to the people. He died at Franklin. At the March term, 1825, he was succeeded by B. F. Morris, of In- dianapolis. Judge Morris was a ripe scholar, well grounded in the elementary principles of the law and served with much satisfaction to the bar and litigants until he resigned in 1834. He was succeeded by Judge Wick, who, at the expiration of
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his term, was succeeded by James Morrison, of Indianapolis. Judge Morrison was pre-eminently qualified for the position. After he retired from the bench, and even from the actual practice of his profession, so highly was he esteemed as a judge of law and for his unswerving integrity, that important questions of law involving large interests, were frequently submitted to him by both sides, and his opinions cheerfully acquiesced in, thus avoiding the bitterness, delay and uncer- tainty of litigation. He always declined to investigate for an opinion favorable to the applicant, when applied to by but one side, but contracted in advance for an investigation, the fee being the same whether the opinion should be favorable or unfavorable.
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