Courts and lawyers of Indiana, Volume II, Part 15

Author: Monks, Leander J. (Leander John), 1843-1919; Esarey, Logan, 1874-1942, ed; Shockley, Ernest Vivian, 1878- ed
Publication date: 1916
Publisher: Indianapolis : Federal Pub. Co.
Number of Pages: 586


USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 15


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45


William J. Peaslee, of Shelbyville (1842-49), succeeded Judge Morrison. Judge Peaslee was not "learned in the law," and gave indifferent satisfaction. He was succeeded by Will- iam W. Wick, who was appointed on August 17, 1849, and served until October 12, 1852, Alexander C. Downey suc- ceeded Judge Wick. For a young lawyer, Judge Downey was admirably equipped in all respects for the position. Owing to inadequate salary, he resigned on August 1, 1858, and after- wards served on the bench of the Supreme court with dis- tinguished ability. To fill the vacancy caused by the resigna- tion of Judge Downey, Governor Willard appointed John W. Spencer. Judge Spencer was not a good lawyer; he was stolid, without sensibility. The celebrated Mewherter case was tried before him. Execution against Mewherter for a large amount had been returned "no property found," and the plaintiff proceeded against him for execution against his body, charging that he had a large sum of money which he refused to apply in payment. Under the law, if the jury found that he had money, giving the amount, it was the duty of the court to imprison him until he disgorged. There is but little doubt that Mewherter had a large sum of money, but he was a desperate man, and before and during the trial he as- sured his attorneys and others that the plaintiff would not gain anything but a dead body by a verdict against him. The jury found that he had some thirteen thousand dollars. Imme- diately upon reading the verdict, Mewherter drew a pistol and


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COURTS AND LAWYERS OF INDIANA


shot himself dead. Of course there was the most intense excitement and confusion in court; not so, however, with Judge Spencer; he calmly directed the sheriff to remove the body, and called the next case for trial. It was not tried that day. Joseph W. Chapman, of Madison, (1858-64) was the next Judge. He was an able lawyer, but too technical for a Judge, and at times testy. On the whole, however, he is kindly remembered by the bar.


John G. Berkshire, of Versailles, succeeded Judge Chap- man. When elected in 1864, Judge Berkshire was just start- ing out as a lawyer, and, being an almost entire stranger to the Columbus bar, then one of the ablest in the state, it was greatly feared that he would not give satisfaction. In this, however, the bar was most agreeably surprised, for no Judge ever before or since gave more general satisfaction. Judge Berkshire was well-grounded in the elementary principles of the law; had a well-balanced, discriminating, legal mind, and, above all, he was eminently fair and impartial. By a change (May 5, 1869) Bartholomew county was placed in the Twenty-eighth circuit, necessitating the appointment of a Judge. Governor Baker appointed A. L. Robinson on May 18, 1869, and upon his resignation, August 25, 1869, the Governor appointed Samuel P. Oyler. Judge Oyler made an acceptable Judge and was succeeded by David D. Banta, of Franklin, who during the short time (1870-73) he was on the bench in this county was in very poor health and for that reason did not appear to good advantage, although a ripe scholar and good lawyer. During Judge Banta's term, by another change (March 6, 1873) Bartholomew and Brown were made the Ninth circuit, and Governor Hendricks appointed James S. Hester, of Brown, who served under the appointment and sub- sequent election until his death, July 28, 1879. Judge Hester was a trained lawyer, and, until his health failed, was one of the best Judges in the state.


Nathan T. Carr, of Columbus, was appointed on August 1, 1879, and at the next election was elected for a full term. Judge Carr was not a well-read lawyer; he' was a man of bright, but not well-trained or balanced, intellect. Because of his peculiar disposition he was arbitrary and apt to take


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sides. Judge Carr was pre-eminently a jury lawyer. In poli- tics he was bold, daring and aggressive, but too arbitrary and self-willed for a successful politician. He was elected to Con- gress to fill the vacancy caused by the death of M. C. Kerr, and the memorable Hayes-Tilden controversy was adjusted during the time he served. Almost alone, he stood out against a com- promise, fighting it with great ability and bitterness. But when adopted, and when it seemed to him that undue obstruc- tions to its consummation were interposed, he reminded his party colleagues that the compromise was the creature of their own folly, as he termed it, and insisted that it be faithfully carried out. His objection to the plan of adjustment after- ward gave him high standing in his party, and but for his domineering disposition, he would have been a successful leader. Dying before his term expired (May, 1885) Governor Porter, on the unanimous request of the bar of both counties, appointed Nelson R. Keyes, of Columbus, and, although a Democrat in politics, so highly was he esteemed that both parties endorsed him for election, and he was elected with- out opposition, and served with great satisfaction not only to the bar but to the people until his death in the office on January 18, 1892. He was a well-trained lawyer, fair and impartial. Judge Keyes came from Kentucky to Columbus when quite young, almost a stranger, and by his ability and gentlemanly deportment soon built up a large practice. Pe- cuniarily he made quite a sacrifice in abandoning the practice for the bench.


Marshall Hacker was appointed January 20, 1892, to fill the unexpired term of Judge Keyes, and was succeeded in November of the same year by Francis T. Hord, who served until 1904. During his tenure the act of February 28, 1899, constituted Bartholomew and Decatur, the sole counties of the Ninth circuit. Marshall Hacker was elected in November, 1904, for a six-year term and was followed in 1910 by Hugh Wickens, the present incumbent.


Zachariah Tannehill was the first Judge of the Common Pleas court upon its organization in 1853. He was a farmer- politician, not a lawyer, never having read law. He had a copy of "Greenleaf on Evidence;" how or why he came by it


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COURTS AND LAWYERS OF INDIANA


no one ever knew certainly. It was suspected, however, that a certain attorney gave it to him, for on all occasions he read extracts from "Your Honor's own book," which, nine times out of ten, were wholly irrelevant, but insisted, never- theless, almost invariably, to the satisfaction of the court, that the law as laid down by Greenleaf, covered the case under consideration.


Judge Tannehill was succceeded in 1856 by N. T. Hauser, an attorney of Columbus, who made an acceptable Judge. Ralph Applewhite, an attorney of Brownstown, the next Judge, was an educated lawyer and made a most excellent Judge. Beattie McClelland, an attorney of Columbus, the next incumbent, was well read in the elementary principles of the law, and made an amiable, courteous Judge, giving good satisfaction. He resigned on April 28, 1862, and was succeeded by Jeptha D. New, an attorney of Vernon, a well- equipped lawyer, painstaking and conscientious. Judge New afterward served in Congress (1875-77) and was one of the first Judges of the Appellate court, (1891-93). Frank Emer- son, an attorney of Brownstown, was the last Judge of the Commmon Pleas court, serving from 1867 to 1873. He was a man of strong convictions and somewhat arbitrary.


ASSOCIATE JUDGES.


John Pence February 20, 1821.


Ephraim Arnold February 20, 1821; died in July, 1822.


Thomas Hinkson September 18, 1822, vice Ephraim Arnold, deceased.


Samuel Downing Resigned.


Nathan Davis September 9, 1826, vice Samuel Downing, resigned.


Jesse Spurgeon


August 17, 1827.


David Hager


August 17, 1827.


James Taggart


August 22, 1834.


Hiram Wilson


August 22, 1834.


Aaron Farmer


August 15, 1836, vice James Taggart, to serve seven years from February 20, 1835.


James N. Love August 22, 1837, to serve seven years from Feb- ruary 20, 1835.


Samuel B. Kechon August 10, 1839, vice Hiram Wilson, resigned.


Joseph Hiner August 18, 1841, to serve seven years from Feb-


ruary 20, 1842.


Akin A. Wiles August 18, 1841, to serve seven years from Feb- ruary 20, 1842.


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Thomas Lawton August 21, 1815, to serve seven years from Feb- ruary 20, 1842.


Jacob Jane August 19, 1848, to serve seven years from Feb- ruary 20, 1849.


George B. McQueen August 19, 1848, to serve seven years from Feb- ruary 20, 1849.


James Hobbs. Sr Angust 17, 1850, to serve seven years from Feb- rnary 20, 1850; died March 4, 1851.


William Ruckle. April 19, 1851, elected at special election to suc- ceed James Hobbs, Sr., deceased. PROBATE JUDGES.


Samuel M. Osborne Angust 15, 1829-May 24, 1830, resigned.


Evau Arnold


Appointed May 24, 1830-September 8, 1830.


William Jones September 8, 1830-Angust 22, 1837.


Tunis Quick. August 22, 1837-Angust 11, 1840, resigned.


Henry B. Rowland August 11, 1840-August 17, 1847.


Matthias M. Hook August 17, 1847-October 12, 1852.


COMMON PLEAS JUDGES.


Zachariah Tannehill 1852-56.


Nathaniel T. Hauser 1856-60.


Ralph Applewhite


1860; resigned April 28, 1862.


Simon Stausifer. Appointed April 28, 1862-November 1, 1862.


Beattie McClelland


1862-64.


Jephtha D. New 1864-68.


Frank Emerson 1868-73.


DISTRICT PROSECUTING ATTORNEYS.


Samuel H. Kriddlebaugh 1852-54. resigned.


Nathaniel F. Houser.


Appointed March 27, 1854.


Ralph Hill 1854-56, resigned.


George W. Yocom


1856-57, moved from county.


William Singleton Appointed February 24, 1857.


Francis T. Hord 1857-60.


Lycurgus Irwin 1860-62. resigned.


Jeremiah Buudy Appointed January 17, 1862.


Jephtha D. New 1862-64.


William L. Bane 1864-65, resigned.


John M. Kerr. Appointed August 25, 1865.


Marion Moouey


1865-66.


Newton Croke


1866-70.


Wilson S. Swengel


1870-72.


George W. Cooper. 1872-73.


PRESIDENT JUDGES.


Davis Floyd February 12. 1821-December 31, 1821. The act of December 31, 1821, took Bartholomew out of the Second and put it in the Fifth.


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COURTS AND LAWYERS OF INDIANA


W. W. Wick. Appointed February 7, 1822-January 20, 1825; re- signed.


Bethuel F. Morris Appointed January 20, 1825-December 4, 1834; re- signed.


W. W. Wick Appointed December 4, 1834-August 2, 1839; re- signed.


James Morrison Appointed August 2, 1839-August 15, 1842; re- signed.


William Quarles Appointed August 15, 1842; returned commission September 28, 1842.


Stephen Major Appointed September 28, 1842; declined to accept commission.


Fabius M. Finch Appointed October 6, 1842-December 16, 1842.


William J. Peaslee December 16, 1842-September 17, 1849; resigned. W. W. Wick Appointed September 17, 1849-October 12, 1852.


CIRCUIT JUDGES.


Alexander C. Downey __ October 12, 1852; resigned August 1, 1858, to take effect August 9. First circuit.


John W. Spencer Appointed August 9, 1858-October 26, 1858.


Joseph W. Chapman October 26, 1858-October 26, 1864.


John G. Berkshire October 26, 1864-May 5, 1869. The act of May 5, 1869, placed Bartholomew in the Twenty-eighth.


Andrew L. Robinson „Appointed May 18, 1869; resigned August 25, 1869.


Samuel P. Oyler. Appointed August 25, 1869-October 24, 1870.


David D. Banta October 24, 1870-March 6. 1873. The act of March 6, 1873, put Bartholomew in the Ninth.


James S. Hester Appointed March 15, 1873; died in office July 28, 1879.


Nathan T. Carr Appointed August 1, 1879; died in office in May, 1885.


Nelson R. Keyes Appointed May 30, 1885; died in office January 16, 1892.


Marshall Hacker Appointed January 20, 1892 ;- November 19, 1892.


Francis T. Hord November 19, 1892-November 18, 1904. The act of February 28, 1899, constituted Bartholomew and Decatur the Ninth, where they have since re- mained.


Marshall Hacker November 18, 1904-November 19, 1910.


Hugh Wickens November 19, 1910; term expires November 19, 1916.


PROSECUTING ATTORNEYS.


Harvey Gregg August 9, 1824-August 9, 1825. Fifth district.


Calvin Fletcher August 9. 1825-August 14, 1826.


James Whitcomb August 14, 1826-January 14, 1829.


W. W. Wick. January 14. 1829-December 15, 1830; resigned.


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Phillip Sweetzer. Appointed December 15, 1830-March 10, 1831; re- signed.


Hiram Brown Appointed March 10, 1831-December 12, 1831.


Harvey Gregg December 12, 1831-April 11, 1833; resigned.


William Herod Appointed April 11, 1833-December 9, 1836; re- signed.


William Quarles December 9, 1836-April 13, 1839; resigned.


William J. Peaslee April 13, 1839-January 29, 1841; resigned.


Hugh O'Neal January 20, 1841-January 29, 1843.


Abram A. Hammond


January 29, 1843-January 29, 1847.


Edward Lander


January 29, 1847-January 29, 1849.


David S. Gooding.


August 27, 1851-October 12, 1852.


Robert P. Moore October 12, 1852; resigned March 1, 1854. First circuit.


Daniel Kelso November 7, 1854-November 7, 1856.


Francis Adkinson November 7, 1856-November 7, 1858.


George W. Richardson .November 7, 1858-November 7, 1862.


James M. Myers.


November 7, 1862; resigned June 16, 1864.


Benjamin F. Lewis Appointed June 16, 1864-November 1, 1865.


John A. Miller Appointed November 1, 1865-November 3, 1868.


John Denton November 3, 1868-May 5, 1869. The act of May 5, 1869, placed Bartholomew in the Twenty-eighth.


William P. Hargrave. Appointed May 18, 1869-August 23, 1869.


Daniel W. Howe Appointed August 23, 1869-October 24, 1870.


Nathan T. Carr. October 24, 1870-June 25, 1872; resigned.


John W. Morgan Appointed June 25, 1872-March 6, 1873. The act


of March 6, 1873, placed Bartholomew in the Ninth.


George W. Cooper. Appointed March 15, 1873-October 22, 1873.


Amos Burns. October 22, 1873-October 22, 1875.


William W. Browning __ October 22, 1875-October 22, 1877.


Wilson S. Swengle October 22, 1877-October 22, 1879.


Washington C. Duncan_October 22. 1879-October 2, 1881.


Webster Dixon October 22, 1881-October 22, 1885.


Anderson Percifield October 22, 1885-October 22, 1889.


W. H. Everroad


October 22, 1889-October 22, 1891.


William M. Waltman October 22, 1891-October 22, 1895.


William H. Shea October 22, 1895-November 17, 1898.


John L. Davis November 17, 1898-January 1, 1901.


Thomas L. Creath January 1, 1901-January 1, 1903. John W. Craig January 1, 1903-January 1, 1907.


Albert W. Phillips January 1. 1907-January 1, 1909.


William V. O'Donnell January 1, 1909-January 1, 1911.


Ralph H. Spaugh January 1, 1911-January 1, 1913. Lewis A. Harding January 1, 1913; term expires January 1, 1917.


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COURTS AND LAWYERS OF INDIANA


BENTON COUNTY.


Benton county was organized by the Legislature, January 4, 1840, and the act became effective on the 18th of the fol- lowing month. The act organizing the county did not, for some reason, name commissioners to locate the county seat, although the act ordered the first court to be held at the house of Basil Justus. His home was a short distance south of the present town of Oxford and here the courts were held for the first three years. It was not until January 31, 1843, that the Legislature passed an act providing for the location of the county seat. This same act ordered the locating commission- ers to meet on the third Monday in May, 1843, at the house of Basil Justus and proceed to examine the various sites offered for the county seat. They finally chose a site on sec- tion 18, township 34, range 7, on land donated by Henry W. Ellsworth and David Watkinson.


In September, 1843, the county commissioners ordered a court house erected at the new county seat "in the town of Milroy." The town was named Milroy in honor of Samuel Milroy, one of the locating commissioners, but, it being sub- sequently learned that there was already another town of that name in the state, the board of commissioners at the October session of 1843 "ordered that the seat of justice in Benton county be called Oxford." The entry in the order book shows, however, that in entering this order, the name had first been written Hartford, and that at a subsequent time, and with ink of a different color from that in which the first order was made, the name Hartford had been marked out, and the name Oxford inserted. Just when this change was made has not been ascertained. Thirty years were to elapse before the bitter Oxford-Fowler county-seat fight formally opened. Fowler had been laid out in 1871 for the ostensible purpose of making a bid for the county seat. It was, of course, a mistake to put the first county seat as far south as Oxford, the town being three miles from the southern boundary of the county. At the time it was chosen, nearly the whole population was in the southern part of the county, but by 1873 the county was well settled, and there was a de- mand for a more central location. The immediate cause of the


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opening of hostilities was the condemnation of the court house at Oxford. An architect reported on March 20, 1873, that the building was beyond repair, and at once the Fowler people planned a campaign to secure the county seat. They saw that if a new court house should be built at Oxford that they would have to wait for many years before another opportunity pre- sented itself. Accordingly, they opened a vigorous fight, which was marked by injunctions, lawsuits, mandamuses, petitions and counter petitions. The commissioners first ordered the new court house built at Oxford, but when the smoke of battle cleared away, it was seen quietly resting in the town of Fowler. The formal transfer appears to have been made on July 10, 1874. Thus ended a fight which left a bitter feeling between the two rival towns which has not yet died down.


The first term of court in Benton county was held at the house of Basil Justus, November 4, 1840, with Isaac A. Naylor as President Judge and David McConnell and Matthew Ter- willinger as Associate Judges. At this first session, Joseph E. McDonald, later United States senator, was appointed prose- cuting attorney. The county was slow in filling up and for the first five years court was held at private houses, most of the sessions being held at the house of Basil Justus. It was not until 1845 that the court met for the first time in the newly constructed court house at Oxford.


Isaac A. Naylor was the only President Judge to preside over the circuit which included Benton county and he served the full twelve years from 1840 to 1852, at which time the office was abolished. The Circuit Judges from 1852 to the present time are as follows: William P. Bryant, 1852-4; John Pettit, 1854-56; Charles H. Test, 1856-70; David P. Vin- ton, 1870-72; Edwin P. Hammond, 1872-83; Peter H. Ward, 1883-90; Edward P. Hammond, 1890-92; U. Z. Wiley, 1892- 97; Simon P. Thompson, 1897-99; Joseph M. Rabb, 1899-1906; James T. Saunderson, 1906-12; Barton B. Berry, 1912-term will expire November 15, 1918.


The Associate Judges during the twelve years the county existed under the old constitution were six in number, namely :


(36)


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COURTS AND LAWYERS OF INDIANA


David McConnell and Matthew Terwillinger, 1841-44; Basil Justus and John Sheets, 1844-50; Harvey H. Crawford and John McConnell, 1850-52. Two Probate Judges served in Benton county : Samuel McConnell, 1840-47; and William Cochran, 1847-52. During the twenty-one years the Common Pleas court was in existence, five judges served on the bench in Benton county, but only one, Daniel Mills, resided in Ben- ton county. He was the first Common Pleas Judge, the other four serving in the following order: William R. Boyer, G. A. Wood, David P. Vinton and Alfred Reed.


ASSOCIATE JUDGES.


David McConnell. July 1. 1840; resigned July, 1843.


Matthew Terwillinger July 1. 1840: died in November, 1843.


Lewis B. Williams October 3. 1843 (special election), to serve seven years from July 1, 1840, vice David McConnell, resigned.


John McConnell January 24. 1844 (special election), to serve seven years from July 1, 1840, vice Matthew Terwillinger, deceased.


Basil Justus August 11, 1846, to serve seven years from July 1. 1847; resigned March 17. 1851.


John Sheets August 11. 1846. to serve seven years from July 1, 1847; resigned March 17, 1851.


Harvey H. Crawford __ May 5, 1851 (special election ).


John McConnell. May 5. 1851 (special election).


PROBATE JUDGES.


Samuel McConnell August 27, 1840.


William Cochran September 21, 1847, to serve seven years from July 1, 1847.


COMMON PLEAS JUDGES.


Daniel Mills 1852-56.


William R. Boyer 1856-60.


Gustavus A. Wood 1860-61, resigned.


David P. Vinton Appointed July 1, 1861-67.


Alfred Reed


Appointed March 12. 1867-November 4, 1867.


B. F. Schermerhorn 1867-69.


Alfred Reed 1869-72.


DISTRICT PROSECUTING ATTORNEYS.


James R. M. Bryant _. .. 1852-56. William H. Thompson_1856-57, resigned.


Henry M. Nourse. Appointed August 13, 1857-60.


Lewis C. Pierce. 1860-64.


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Wm. DeWitt Wallace. 1864-67, resigned.


Levi M. Graham Appointed March 25, 1867.


Alfred W. Reynolds. _1867-70.


Thomas L. Merrick. 1870-72.


William E. Uhl 1872-73.


PRESIDENT JUDGES.


When Benton county was organized, it was attached to the First circuit and no change was made in its circuiting until 1852. Isaac Naylor had been commissioned Judge of the First circuit, January 27, 1838, and was the Judge when Benton county began its formal career on February 18, 1840. Judge Naylor continued on the bench of the First circuit until the adoption of the new Constitution, October 12, 1852.


CIRCUIT JUDGES.


William P. Bryant. October 12, 1852-February 9, 1855. Eighth circuit. The act of February 9, 1855, took Benton out of the Eighth and put in in the Twelfth. .


John Pettit Appointed March 5, 1855; resigned October 7, 1855.


David Turpie Appointed October 7, 1855-November 9, 1855.


Andrew Ingram November 9, 1855; resigned April 11, 1857.


John Pettit


Appointed April 13, 1857-October 27, 1857.


Charles H. Test October 27, 1857-October 24, 1870.


David P. Vinton October 24, 1870-March 6, 1873. The act of March 6, 1873, put Benton in the Thirtieth.


Edwin P. Hammond Appointed in March, 1873-May 21, 1883, resigned.


Peter H. Ward Appointed May 21, 1883-November 14, 1890.


Edwin P. Hammond .November 14, 1890-August, 1892, resigned.


U. Z. Wiley. Appointed August 31, 1892; resigned October 12, 1896.


William Darroch Appointed October 13, 1896-November 10, 1896.


Simon P. Thompson November 10, 1896-February 24, 1899. The act of February 24, 1899, put. Benton in the Twenty-first.


Joseph M. Rabb February 24, 1899-November 15, 1906. Judge Rabb had been on the bench of the Twenty-first since November 15, 1882. The act of March 3, 1905, con- stituted Benton and Warren the Twenty-first, where they have since remained.


James T. Saunderson __ November 15, 1906-November 15, 1912.


Barton B. Berry November 15, 1912; term expires November 15, 1918. PROSECUTING ATTORNEYS.


Samuel C. Willson December 5, 1839-September 4, 1843, resigned. First circuit.


Joseph E. McDonald .. .September 4, 1843-September 19, 1847.


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COURTS AND LAWYERS OF INDIANA


Lewis Wallace. August 18, 1851-October 12, 1852.


Lewis Wallace. October 12, 1852-May 14, 1853, resigned. Eighth circuit.


Daniel W. Voorhees. Appointed May 14. 1853; resigned July 24, 1854.


Samuel L. Telford Appointed July 24, 1853-November 7, 1854.


Charles A. Naylor November 7, 1854-October 30, 1856. The act of Feb-


ruary 9, 1855, put Benton in the Twelfth and transferred Naylor with it.


John L. Miller October 30, 1856-November 3, 1862.


William D. Lee November 3, 1862-November 3, 1864.


Frank B. Everett November 3, 1864-November 3, 1868


James M. Justice.


November 3, 1868-November 3, 1870.


Frank B. Everett


November 3, 1870-November 3, 1872.


Simon P. Thompson November 3, 1872-November 3, 1876. The act of March 6, 1873, put Benton in the Thirtieth and transferred Thompson with it.


Henry S. Travis November 3, 1876-November 3, 1878.


Frank W. Babcock November 3, 1878-November 3, 1880.


David L. Bishop


November 3, 1880-November 17, 1882.


Mathew H. Walker


November 17, 1882-November 17, 1886.


Ralph W. Marshall _November 17, 1886-November 17, 1890.


John T. Brown November 17, 1890-November 17, 1894.


T. C. Annabel


November 17, 1894; died in office March, 1895.


James W. Douthit. Appointed March 30, 1895-November 17, 1896.


Albert E. Chizum November 17, 1896-February 24, 1899. The act of


February 24, 1899, put Benton in the Twenty-first.


James W. Brissey February 24, 1899-January 1, 1901.


Clyde H. Wyand


January 1, 1901; resigned April 16, 1902.


Omer B. Ratcliff. January 1, 1903-January 1, 1907. There is no rec- ord of a prosecutor appointed to mil the interval


between April 16. 1902, and January 1, 1903.


E. Grant Hall


January 1, 1907-January 1, 1909.


John J. Hall


January 1, 1909-January 1, 1913.


Carl E. MeHaffey January 1, 1913; term expires January 1, 1917.


BLACKFORD COUNTY.


Blackford county was organized by an act of the Legisla- ture, approved February 15, 1838, but the county experienced considerable difficulty in getting started. It was cut off from Jay county, the latter county willingly relinquishing the terri- tory because, as one old settler of Jay county said, "It was a big swamp, anyhow." This fact may account for the difficulty the county had in getting its organization perfected. In fact, it took two separate acts of the Legislature


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to get the county itself on the map. The first act, of February 15, 1838, intended that it should be ready to open for business on the first Monday of April, 1838. Commissioners were named to locate the county seat, but nothing seems to have been done. The next year (January 29, 1838) the Legislature passed a second act, again authorizing the establishment of the county. A second set of commissioners was named to locate a county seat, the act ordering them to meet for this purpose on the second Monday of the following month. When this second commission reported, and what site it selected, has not been ascertained, but it must have been unsatisfactory, since the following Legislature (February 24, 1840) ap- pointed a third set of commissioners to locate a county seat for Blackford county. However, it was provided in this act that it should not take effect "unless a majority of the legal voters of Blackford county, on the first Monday in August, shall vote for a relocation of the said county seat of Blackford county." It is very evident that the friends of relocation lost out, be- cause the following year the Legislature was importuned for the fourth time to pass an act providing for the relocation of a county seat. The fourth set of locating commissioners was appointed by the act of February 4, 1841, but they do not appear to have changed the former location. It seems certain that the second set of locating commissioners selected the present site of Hartford City. The town was at first called Hartford, but shortly afterward it was changed to Hartford City at the suggestion of F. L. Shelton.




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