USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 28
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1849. At this term, John Osborn, Alanson J. Stevens, Francis M. Williams and William M. Franklin were admitted to prac- tice. William M. Franklin was afterward prosecuting attor- ney, Judge of the Court of Common Pleas and Circuit court and also Supreme court commissioner from 1881 to 1885.
In 1846 Augustus L. Rhodes, Alexander McClelland and Robert Crockett were admitted to practice. Rhodes had been a student at Hamilton College with Governor A. P. Willard. He served one term as prosecuting attorney of the Greene circuit court, but in 1854 moved to California, where he served sixteen years on the Supreme bench and several terms as a Superior judge. Robert Crockett was at one time a candidate for judge of the Court of Common Pleas. In 1847 George H. Munson and Lewis Bollman were admitted to practice. Munson was a partner of George C. Dunn. In 1848 James H. Hester, Richard Clements and Samuel W. Short were admit- ted to the practice. Hester was the son of Craven P. Hester and afterward became a judge in adjoining circuit. Clem- ents was afterwards Judge of the Common Pleas court of another circuit. In 1850 Allen T. Rose and W. R. Harrison were admitted to practice. In 1850 Hiram S. Hanchett, James McConnell, Wells N. Hamilton, William P. Hammond and Aden G. Cravens were admitted to practice. Hanchett, who was a student in the office of the Rousseaus, moved west soon after his admission to the bar.
In April, 1852, R. S. Clements, Jr., W. D. Griswold, Na- thaniel Usher, F. T. Brown and John P. Usher were admitted to practice. John P. Usher afterward served as secretary of the interior in President Lincoln's cabinet. Judge James Hughes, who appeared as Judge of the Circuit court in 1852, was the first Circuit Judge elected by popular vote in Greene county. He resigned in 1855 and in 1856 was elected to Con- gress, afterward serving as judge of the Court of Claims under the administration of President Buchanan. He was a graduate of West Point and a lieutenant in the Mexican War. In 1864 he was commissioned major-general by Governor Morton and had command of the southern division of the state of Indiana. He was a member of the lower house of the Forty-fifth General Assembly and a member of the forty-sixth
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COURTS AND LAWYERS OF INDIANA
and forty-seventh sessions of the Indiana State Senate. John R. Hudson, Sheridan P. Reed, William E. McClean, A. B. Carlton, E. H. C. Cavins and Andrew Humphreys were ad- mitted to practice at the April term of the Circuit court and Albert E. Redstone, Ephraim Jackson and Jacob C. Brown at the November term of the Common Pleas court. William Clark, William Mack, John N. Evans, John T. Gunn, Francis L. Neff, Harlin Richards and Arthur M. Neill were admitted to practice law. William Clark died shortly after beginning the practice. William Mack lived at Bloomfield for some time and then moved to Terre Haute. He was speaker of the lower house of the Indiana General Assembly in 1871 and later judge of the Circuit court. John N. Evans lived at Bloom- field for a time and later moved to Washington, Daviess county.
In 1855 Alfred Dyer, John R. Stone, Theodore Reed, David Sheeks, Willis G. Neff, Francis L. Neff, John H. Huff, John C. Palmer, J. W. Burton and E. C. Flinn were admitted to prac- tice. In 1856 J. M. Hanna appeared by appointment to hold court as judge at the April term and A. B. Carlton presided at the October term. Francis L. Neff later became colonel in the Civil War and was killed in action. Austin N. McGindley, Samuel R. Cavins, L. B. Maxwell, Sewall Coulson, Joseph Gormley, N. F. Malott, Robert M. Evans and Theodore Ogle were admitted to practice in 1856. Evans served as captain during the Mexican War and later located at Washington, D. C. In 1856 J. M. Hanna was elected judge of the Circuit court. Judge Hanna, having been elected one of the judges of the Indiana Supreme court in 1858, Solomon Claypool was appointed to fill the vacancy. During 1858, David Housten, Henry C. Hill, Isaac N. Pierce, John Baker, Elijah Eddington, Benjamin F. Cavins, George W. Throop and Franklin P. Stark were admitted to practice. In October, 1858, Solomon Claypool was elected Circuit Judge and held the office for six years. In 1859 Samuel H. Buskirk held court at the April term under appointment from Judge Claypool. At the Oc- tober term, William M. Franklin acted as special prosecuting attorney. During the year, William B. Squire, Henry C. Owen, John T. Smith, William C. Andrews, William J. McIn-
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tosh, Nathan Kimball, William Blackburn, John Masters, James Jackson and Joseph W. Briggs were admitted to prac- tice. In 1862 Judge James A. Scott held court under appoint- ment from Judge Claypool. In 1864 David Sheeks held court at the October term under appointment. At the October elec- tion, 1864, Delana R. Eckels was elected judge of the Circuit court and held the office for six years.
Among the lawyers admitted in 1866 were John Hanna and John P. Baird, the former of whom had been district at- terney of the United States and who afterward served as a member of Congress. John P. Baird was an able lawyer and served in the Civil War as a colonel. In 1869, among the lawyers admitted to practice, were Cyrus F. McNutt and Lucien Shaw. The latter practiced in Bloomfield until 1883 when he moved to California and became one of the judges of the Supreme court of that state. In 1867 Solomon Turman served as Judge by appointment from Judge Claypool. Will- iam M. Franklin was elected Judge in 1870 and served until 1873, when David Laird became judge. He was succeeded by John C. Robinson in 1876.
The Fourteenth judicial circuit, composed of Greene and Sullivan counties, was created by an act of the Legislature in 1883. Prior to that time, Greene, Owen and Morgan coun- ties constituted one circuit and Sullivan and Vigo were in- cluded in one. In the redistricting, Owen and Morgan were made one circuit, Vigo was made a circuit by itself, and Greene and Sullivan created as the Fourteenth circuit. George W. Buff, of Sullivan, had been elected judge of the old Sullivan and Vigo circuit. When the new circuit was created, Judge Buff was appointed by the governor as Judge of the Greene and Sullivan circuit. He served until 1888 and was then suc- ceeded by John C. Briggs, who served until 1894. Judge Briggs was succeeded by William W. Moffett, of Greene county, who served until 1900. Orion B. Harris, of Sullivan, succeeded Judge Moffett in 1900 and served until 1906, when he was succeeded by Judge Charles E. Henderson, of Greene county. Judge Henderson served until 1912, when he was succeeded by Theodore E. Slinkard, whose term expires No- vember 14, 1918.
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ASSOCIATE JUDGES.
Norman W. Pierce April 27, 1821.
John L. Buskirk. April 27, 1821, resigned.
Martin Wines September 18, 1822, vice John L. Buskirk, re- signed; removed from county, 1826.
Thomas Bradford
August 27, 1821; resigned August 8, 1825.
William B. Marrs September 5, 1825, vice Thomas Bradford, re- signed; removed from county.
Levi Fellows September 1, 1826 (special election), vice Martin Wines, removed; resigned October, 1830.
Robert Smith September 1, 1826 (special election), vice William
B. Marrs, removed; died in office, January, 1829.
Samuel R. Cavins March 20, 1829 (special election), vice Robert Smith, deceased; resigned June, 1834.
Norman W. Pierce December 27, 1830 (special election), vice Levi Fellows (removed), to serve from December 27, 1830; resigned July, 1832.
John Robinson September 3, 1832 (special election), to serve from December 27, 1830; died November, 1833.
William S. Cole February 10, 1834 (special election), vice John Robinson (deceased), to serve seven years from December 27, 1830.
Thomas Bradford August 22, 1834 (special election), vice Samuel R. Cavins (resigned), to serve seven years from March 20, 1829.
Thomas Bradford August 14, 1836, to serve seven years from date; died May, 1841.
Levi Fellows March 17, 1838, to serve seven years from March 17, 1838; resigned June, 1841.
Lewis B. Edwards August 9, 1841, to serve seven years from August 14, 1836, vice Thomas Bradford, deceased.
Joel Sexson August 9, 1841, to serve seven years from March 17, 1838, vice Levi Fellows, resigned.
Louis B. Edwards August 23. 1843, to serve seven years from August 14, 1843 ! resigned, 1848.
Joel Sexson August 24, 1844, to serve seven years from March 17, 1845.
Jesse Rainbolt November 24. 1848, to serve seven years from August 14, 1843, vice Louis B. Edwards, resigned.
Jesse Rainbolt August 23, 1850, to serve seven years from August 14, 1850.
Thomas P. East. August 22, 1851, to serve seven years from March 17, 1852.
PROBATE JUDGES.
Willis D. Lester August 28, 1829, to serve seven years from date. Willis D. Lester. August 14, 1836, to serve seven years from August 28, 1836.
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John R. Stone. August 23, 1843, to serve seven years from August 28, 1843.
Willis D. Lester September 4, 1850, to serve seven years from Aug- ust 28, 1850. COMMON PLEAS JUDGES.
William M. Franklin. .1852-56.
Frederick T. Brown. 1856-64.
William M. Franklin 1864-68.
Harry Burns 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
Fred T. Brown 1852-54.
Oliver H. P. Ash 1854-56.
Michael Malott 1856-58.
George W. Throop 1858-60.
Harvey Burns 1860-62.
Samuel W. Curtis 1862-64.
Patrick Harvey 1864-66.
Johu C. Robinson 1866-68.
Courtland C. Matson 1868-72.
Samuel M. MeGregor. 1872-73.
PRESIDENT JUDGES.
Jonathan Doty February 5, 1821-December 31, 1821. The act of December 31, 1821, took Green out of the First and put it in the Fifth.
William W. Wiek. Appointed February 7, 1822-January 14, 1824. The act of January 14. 1824, put Greene in the First.
Jacob Call January 14, 1824-July 28, 1824, resigned.
John R. Porter Appointed July 28. 1824-January 20, 1830. The act of January 20, 1830, put Greene iu the Sev- enth.
John Law Appointed January 25, 1830-August 10, 1831, re- signed.
General W. Johnston. -Appointed August 10, 1831-January 21, 1832. Amory Kinney January 21, 1832-January 25, 1837. Elisha M. Huntingtou_January 25, 1837-January 28, 1839. The act of January 28, 1839, put Greene iu the Tenth.
David McDonald
January 28, 1839-October 12. 1852.
CIRCUIT JUDGES.
James Hughes October 12. 1852; resigned July 2, 1856. Sixth circuit.
Ambrose B. Carlton. Appointed July 2, 1856-October 30. 1856.
James M. Hanna October 30, 1856; resigned December 18, 1857, to become a member of the Supreme court of the state.
Solomon Claypool Appointed December 18, 1857-November 6, 1864.
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COURTS AND LAWYERS OF INDIANA
Delana R. Eckles. November 6, 1864-November 6, 1870. William M. Franklin __ November 6, 1870-March 6, 1873. The act of March 6, 1873, put Greene in the Fifteenth.
David T. Laird March 6, 1873-November 6, 1876. Judge Laird had been on the bench in the Fifteenth since October 24, 1870.
John C. Robinson November 6, 1876-November 14, 1882.
Ambrose M. Cumming_ November 14, 1882-February 20, 1883. The act of February 20, 1883, put Greene in the Fourteenth.
George W. Buff. February 20, 1883-November 14, 18SS. Judge Buff had been on the bench in the Fourteenth since November 14, 1882.
John C. Briggs. November 14, 1SSS-November 14, 1894.
William W. Moffett November 14, 1894-November 14, 1900.
Orion B. Harris November 14, 1900-November 14, 1906.
Charles E. Henderson __ November 14, 190G-November 14, 1912. The act of February 16, 1911, made Greene the sole county in the newly created Sixty-third, where it has since remained. Judge Henderson was trans- ferred from the Fourteenth to the Sixty-third.
Theodore E. Slinkard __ November 14, 1912; term expires November 14, 1918.
PROSECUTING ATTORNEYS.
John Law August 9, 1824-January 20, 1830. First circuit. The act of January 20, 1830, put Greene in the Seventh.
E. M. Huntington January 25, 1830-January 25. 1832.
John H. Dowden January 25, 1832-April 9, 1833, died.
Erasmus H. McJunkin_Appointed April 9, 1833-August 14, 1834, died.
John Cowgill Appointed August 14, 1834-December 4, 1834.
David McDonald December 4, 1834-August 17, 1837. resigned.
John Cowgill Appointed August 17, 1837-February 13, 1838.
Delana R. Eckles February 13, 1838-January 28, 1839. The act of January 28, 1839, put Greene in the Tenth.
Jolın I. Watts February 1, 1839-February 1, 1843.
William G. Quick. February 1, 1843-February 1, 1845.
Craven P. Hester February 1, 1845-February 1, 1849.
William M. Franklin
-August 23, 1851-October 12, 1852. Sixth circuit.
William E. McLean October 12, 1852-November 7, 1854.
Ambrose B. Carlton November 7, 1854; resigned March 29, 1855.
Theodore Read Appointed April 3, 1855-August 2, 1855, resigned.
Francis L. Neff Appointed August 6, 1855-November 2, 1856.
Milton A. Osborn November 2, 1856-November 6, 1858.
Isaac N. Pierce. November 6, 1858-November 6, 1860.
Willis G. Neff November 6, 1860-November 6, 1864.
Michael Malott November 6, 1864-November 6, 1866.
Jacob S. Broadwell November 6, 1866-November 6, 1868.
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John C. Robinson November 6, 18GS-November 1, 1872.
Courtland C. Matson __ November 1, 1872-March 6, 1873. The act of March 6, 1873, put Greene in the Fifteenth.
Heury Burns Appointed March 12. 1873-October 29, 1873.
Ambrose M. Cunning_ October 20, 1873-October 29, 1877.
Samuel O. Pickens October 29, 1877-October 29, 1881.
John D. Alexander
October 29, 1881-October 29, 1885. The act of Feb-
ruary 20, 1883, put Greene in the Fourteenth, and transferred Alexander from the Fifteenth to the Fourteenth.
Samuel W. Axtell. October 29, 1885-October 29, 1887.
William C. Hultz. October 29. 1887-October 29, 1891.
William L. Slinkard October 29, 1891-October 29. 1895.
Charles D. Hunt October 29, 1895-October 29, 1899.
Edward W. MeIntosh _ October 29, 1899-January 1, 1902.
John A. Riddle. January 1, 1902-January 1, 1904.
John W. Lindley January 1, 1904-January 1, 1906.
James B. Filbert
January 1, 1906-January 1, 1908.
Walter F. Wood.
January 1, 1908-January 1, 1910.
James M. Hudson
January . 1910-January 1, 1913. The act of Feb- ruary 16, 1911. put Greene in the Sixty-third, where it has since remained, and the same act transferred Hudson from the Fourteenth to the Sixty-third.
William L. Rude January 1, 1913-January 1, 1915.
W. Ray Collins January 1. 1915; term expires January 1, 1917.
HAMILTON COUNTY.
Hamilton county was organized out of a part of Marion county by an act of the General Assembly, approved January 8, 1823. On March 1, 1824, three commissioners, Martin M. Ray, John Sample and Benjamin I. Blythe, who had been ap- pointed by the Legislature to fix the seat of justice, met at the home of William Connor, at whose house the business of the county had been previously transacted, and selected the site of Noblesville as the county seat.
On September 25, 1824, at the first session of the Board of County Justices, the Sheriff was ordered to sell the clearing of the public square preparatory to the erection of a tempo- rary court house. The first court house was built on the style of pioneer architecture for such purposes, and served the county for about four years. Preparations were then made for the erection of a second court house, and this second build-
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ing, erected on the public square, served the purpose of the county until 1877, when the contract for the construction of the present court house was awarded, at a cost of ninety-nine thousand, nine hundred and fifty dollars. In 1904 substantial repairs were made upon this building at a cost of nearly twenty-one thousand dollars.
The first Circuit court was organized in Hamilton county in August, 1823, at the home of William Connor, a few miles south of the present site of Noblesville, on White river, with William W. Wick, of Indianapolis, as Presiding Judge of the district, and John Finch and William C. Blackmore as Associate Judges. Hamilton county was at that time a part of the Fifth Judicial Circuit, which included, besides Hamil- ton, Lawrence, Monroe, Owen, Marion, Morgan, Greene, Hen- ry, Rush, Decatur, Bartholomew, Shelby and Jennings coun- ties. Madison, Hancock, Hendricks, Johnson, Carroll and Cass counties were afterwards added to the circuit.
The following paragraph is of interest as throwing light upon the activities of Hamilton county's first court: "As the official duties of this early court of Hamilton county were not supposed to be very arduous, the parties concerned, includ- ing the honorable court and James M. Ray, a lawyer of In- dianapolis, and a number of witnesses, together with a few hangers-on who wished to be connected in some way with the official crowd, started in a frolicsome manner to the impro- vised 'court house' by way of the river. Their canoe was a large one, and was apparently well manned and equipped for the journey. Besides the men, it contained a 'stock of provi- sions, a lot of blankets, some cooking utensils, and a keg of whiskey.' Before the company had proceeded far on their journey, the boat seemed to be getting very unsteady, which fact was not due to the agitation of the water, for White river was placid as a summer day, but rather to the 'extracted con- tents of that keg of whiskey.' " Our early historian so describes the result of imbibing too freely from said keg. The first petit jury were composed of thirty-six "discreet house-holders," the names having been selected from a list of "taxable property owners."
The first session of court lasted but two days, the jurors
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receiving seventy-five cents per day, the bailiff the same, and the Associate Judges two dollars per day. At the February, 1824, term of court, James Gilmore, Bethuel F. Morris, Daniel B. Wick and E. C. Wilson were admitted to the practice of law. At the April term, C. J. Johnson, James Rariden, Cyrus Finch and Josiah F. Polk were added to the list of lawyers. Polk, being the only resident attorney, was appointed by the Judge as prosecuting attorney for that term of court, Daniel B. Wick, a non-resident, having served at the previous ses- sion. At the October, 1824, term of court, Harvey Gregg presented his commission as prosecuting attorney for the cir- cuit. The commission was duly examined by Judge Wick, and Gregg was duly sworn according to law.
The President Judges who presided over the Circuit court in Hamilton county from the time it was organized in 1823 until 1850, were the same Judges who practiced in Marion county and in a number of the other counties in the central part of the state. During this period of twenty-seven years, Hamilton was in the Fifth circuit, the act of January 12, 1850, putting it in the Eleventh with Delaware, Grant, Blackford, Jay, Randolph and Madison. Jeremiah Smith was the Presi- dent Judge of this circuit from January 12, 1850, until the new Constitution went into operation October 12, 1852.
When the state was divided into ten circuits by the act of June 17, 1852, Hamilton was again placed in the Fifth circuit, the other counties in the circuit being Johnson, Hendricks, Hancock, Tipton and Madison. W. W. Wick, who had been the first Judge of the Fifth by; election in 1852, served until February 1, 1859, when an act of the Legislature took Hamilton out of the Fifth and placed it in the Seventh with Delaware, Blackford, Hancock, Madison, Tipton and Howard. Joseph S. Buckles had been on the bench of this circuit since the fall of 1858, and he was still presiding over the circuit when the act of February 11, 1867, put Hamilton in the Seventeenth.
On February 11, 1867, when Hamilton, Tipton, Howard, Madison counties were made the Seventeenth judicial circuit, Henry A. Brouse was appointed Judge and served until Octo- ber 19, 1867, when John Davis ascended the bench as the
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COURTS AND LAWYERS OF INDIANA
result of election. In 1870, his health having failed until he was unable to attend to his judicial duties, he appointed Eli B. Goodykoontz, of Anderson, to act as Judge pro tem at the March and September terms of the Hamilton Circuit court. The illness of the regular Judge having increased so that he became wholly incompetent, Governor Conrad Baker, in 1871 (March 4) commissioned James O'Brien as Judge of the Circuit court during the disability of Davis. Afterwards, when Thomas A. Hendricks was Governor, the Legislature having placed Hamilton with Madison in the Twenty-fourth circuit, he appointed Winburn R. Pierce, of Anderson, Judge pro tem, who filled out the remainder of Davis' term. Judge Harvey Cravens, of Pendleton, a colonel in the Civil War, who was elected to serve six years, began his judicial career in October, 1873. The dockets were loaded and he drove the lawyers like a taskmaster, opening court at daylight and con- tinuing until late in the evening, indeed sometimes all night. Eli B. Goodykoontz followed Judge Cravens and served from 1879 to 1885.
The era of natural gas in Hamilton and Madison counties, comprising the Twenty-fourth judicial circuit, began in 1887, and the work of the courts as well as business generally grew rapidly. In 1889, during the tenure of David Moss (1885-91), the Legislature constituted Madison county the Fifteenth judi- cial circuit, and continued Hamilton county as the Twenty- fourth. In October, 1891, Richardson R. Stephenson, having been elected at the preceding general election, took up the duties of Judge. A notable case before the court at that time was the celebrated McDonald will case. Joseph E. McDonald was a great lawyer, and for more than thirty years before his death was prominent in state and national politics, having been a United States senator. He had married a second time, and, it seems, had made a will. The instrument probated in Marion county as his last will was contested by his son on the principal ground that it was a forgery, and was defended by his widow. Property of large value was involved and the standing of the parties concerned, the wide reputation of the deceased senator, and the issues of serious import caused
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the trial to be fraught with tense dramatic interest. The jury found the will invalid.
Judge Stephenson served until he resigned on September 15, 1897. The Governor appointed John F. Neal, who had been elected to the bench the preceding election, to fill the unexpired term of Stephenson. Judge Neal began his regular term on October 19, 1897, and was followed by Ira W. Chris- tian, who filled the bench from 1903 to 1909. Meade Vestal followed Judge Christian and gave way to the present Judge, Ernest E. Cloe, on October 19, 1915.
Josiah F. Polk, one of the early prosecuting attorneys of the Hamilton Circuit court, in conjunction with William Con- ner, laid out the town of Noblesville. Fabius N. Finch, Judge of the Circuit court (1842-43), and a resident of John- son county, later removed to Indianapolis, where he prac- ticed law for many years. Jacob Robbins, John Hutchins, Francis Lindsey, Thomas H. Bowles and Joseph Robinson were early lawyers of whom no personal data are available. Earl S. Stone, one of the Probate and Common Pleas Judges, made a splendid record. William Garver, not only was a Common Pleas Judge, but held other important offices. David Moss, who was a resourceful and effective lawyer, concluded his career with a term on the Circuit bench from 1885 to 1891. W. W. Conner was a man of charming personality, a favorite with the people, and undoubtedly the most popular speaker who has ever lived in the county. Gus- tavus H. Voss was a shrewd lawyer and had a large business. He became very wealthy and subsequently moved to Indian- apolis. DeWitt C. Chipman attained some prominence be- fore he removed to Anderson. Jonathan W. Evans, who was familiarly known as "Bill" Evans, was a brilliant advocate, magnetic, admired and successful. James O'Brien, who served as Circuit Judge for a short time, was later Judge of the Howard and Tipton circuit, having removed to Kokomo. Alexander H. Conner began the practice of law in Nobles- ville, later removed to Indianapolis, and subsequently was elected state auditor. Thomas J. Kane, who was a virile and tireless fighter at the Noblesville bar, enjoyed a large prac- tice. William Neal, who resided at Cicero, was an energetic
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and industrious business man. He was one of the last Asso- ciate Judges. Augustus F. Shirts, energetic and successful attorney and influential citizen, was the author of "Primitive History of Hamilton County." Richardson R. Stephenson gained a state-wide reputation as a jurist while serving as a Circuit Judge of this county. Theodore P. Davis, who was a capable and rapid worker, enjoyed an extensive practice in the law, and served as one of the Judges of the Appellate court from 1893 to 1897. He later became a resident of In- dianapolis.
ASSOCIATE JUDGES.
William C. Blackmore_ May 2. 1823.
John Finch. May 2, 1823.
David Osborn August 20, 1829, to serve seven years from May 2,
1830.
Joshua Cottingham August 20, 1529, to serve seven years from May 2,
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