USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 29
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1830.
William E. Emmons Angust 10, 1836, to serve seven years from May 2, 1837; resigned, May, 1842.
David Osborn August 10, 1836, to serve seven years from May 2, 1837; resigned. July, 1838.
William D. Rooker August 17. 1838 (special election), vice David Osborn (resigned), to serve seven years from May 2, 1837; resigned, June, 1841.
Jonathan Colborn August 16. 1841 (special election), vice William D. Rooker (resigned), to serve seven years from May 2, 1837.
William S. Goe Angust 8, 1842 (special election), vice William E. Emmons (resigned), to serve seven years from May 2, 1837.
Jonathan Colborn August 14. 1843, to serve seven years from May 2, 1844.
Jesse Wilson August 19. 1850, to serve seven years from May 2, 1851.
William Neal August 19. 1850. to serve seven years from May 2, 1851.
PROBATE JUDGES.
John Finch
August 20. 1829.
John Finch
August 10. 1836; resigned, July, 1840.
Joshua Cottingham August 11. 1840, resigned.
Lucius H. Emmons April 1. 1844. vice Joshua Cottingham, resigned.
Haymond W. Clark August 10, 1844. to serve seven years from date.
Haymond W. Clark August 22. 1951. to serve seven years from date.
719
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COMMON PLEAS JUDGES.
Earl S. Stone 1852-56.
Nathaniel R. Lindsey _. 1856-60.
John Green 1860-64.
Nathaniel R. Lindsey 1864-5. resigned.
William Garver Appointed February 4, 1865-73.
DISTRICT PROSECUTING ATTORNEYS.
C. E. Shipley
1852-54.
William Brown 1854-56.
James A. Gray
1856-57, removed from state.
Oliver T. Baird Appointed June 10. 1857 ; appointment set aside by court on account of return of Gray.
James A. Gray 1857-58.
Barsabas Giltner 1858-60.
Nathan W. Gordon 1860-61.
Joel Stafford 1861-62.
Thomas S. Underhill 1862-64.
James N. Strech 1864-66.
Levi Farley 1866, resigned.
August F. Shirts Appointed November 17. 1866-67.
Noah W. Parker 1867-6S.
Joseph L. Custer 1868-72.
Robert B. Beauchamp. 1872-73.
PRESIDENT JUDGES.
William W. Wick April 7, 1823-January 20, 1825, resigned. Fiftlı
circuit.
Bethuel F. Morris Appointed January 20, 1825-December 4. 1834. re- signed.
William W. Wick Appointed December 4, 1834-August 2, 1839. re- signed.
James Morrison Appointed August 2. 1839-August 15, 1842.
William Quarles August 15, 1842: returned commission September 28, 1842.
Stephen Major Appointed September 28, 1842; declined to accept.
Fabius M. Finch Appointed October 6, 1842-January 2, 1843.
William J. Peaslee. January 2. 1843-September 17, 1849, resigned.
William W. Wick Appointed September 17. 1849-January 12, 1850. The act of January 12, 1850. put Hamilton in the Eleventh.
Jeremiah Smith
January 12, 1850-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12. 1852-February 1, 1859. The act of February 1, 1859, took Hamilton out of the Fifth and put it in the Seventh.
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COURTS AND LAWYERS OF INDIANA
Joseph S. Buckles. February 1, 1859-February 11, 1867. The act of February 11, 1867, put Hamilton iu the Seven- teeutb.
Henry A. Brouse Appointed February 18, 1867-October 19, 1867.
Johu Davis October 19, 1867-March 4, 1871.
James O'Brien Appointed March 4, 1871-March 6, 1873. The act of March 6, 1873, put Hamilton in the Twenty- fourth.
Wiuburn R. Pierce. Appointed March 29, 1873-October 19, 1873.
Ilervey Cravens. October 19, 1873-October 19, 1879.
Eli B. Goodykoontz October 19, 1879-October 19, 1885.
David Moss Octber 19, 1885-October 19, 1891. The act of Feb- ruary 14, 1889, made Hamilton the sole county in the Twenty-fourth, where it has siuce remained.
Rich. R. Stephenson October 19, 1891, resigned. September 15, 1897.
Jobu F. Neal Appointed September 15, 1897-October 19, 1903.
Ira W. Christian
October 19, 1903-October 19, 1909.
Meade Vestal October 19, 1909-October 19, 1915.
Ernest E. Cloe October 19, 1915; term expires October 19, 1921.
PROSECUTING ATTORNEYS.
Harvey Gregg August 9, 1824-August 9, 1825. Fifth circuit.
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.
Phillip Sweetzer December 15. 1830-March 10, 1831, resigned. .
Hiram Brown Appointed March 10. 1831-December 12, 1831.
Harvey Gregg
December 12, 1831-April 11, 1833.
William Herod Appointed April 11, 1833-December 9, 1836, re- signed.
William Quarles Appointed December 9. 1836-April 13, 1839, re- signed.
William J. Peaslee Appointed April 13, 1839-January 29, 1841.
Hugh O'Neal January 29, 1841-January 29, 1843.
Abram A. Hammond January 29, 1843-January 29, 1847.
Edward Lander January 29, 1847-January 29, 1849. The act of
January 12, 1850, put Hamilton in the Eleventh.
William Garver August 20, 1851-October 12, 1852.
Reuben A. Riley October 12. 1852-October 27. 1854. Fifth circuit.
DeWitt C. Chapman October 27. 1854-November 2. 1856.
Peter S. Kennedy. November 2. 1856-November 2, 1858.
William P. Fishback. November 2. 1858-February 1. 1859. The act of February 1. 1859, took Hamilton out of the Fifth and put it in the Seveuth.
David Moss
October 31, 1859-October 28, 1861.
John A. Harrison October 28, 1861-November 12, 1865.
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Lemuel G. Gooding November 12, 1865-February 11, 1867. The act of February 11, 1867, put Hamilton in the Seven- teenth.
Nicholas VanHorn Appointed February 18, 1867-October 25, 1867.
William O'Brien October 25, 1867-October 24, 1870.
October 24, 1870-March 6, 1873. The act of March
James T. Elliott 6, 1873, put Hamilton in the Twenty-fourth.
Franklin M. Trissal. Appointed March 29, 1873-October 22, 1873.
Joel Stafford. October 22, 1873-October 22, 1875.
Augustus S. McAllister_ October 22, 1875; resigned, February 7, 1876.
Francis M. Householder_ Appointed February 7, 1876-October 24, 1878.
Thomas B. Orr October 24, 1878-October 25, 1880.
William A. Kettinger __ October 25, 1880-November 17, 1884.
David W. Wood.
November 17, 1884-November 17, 1886.
John F. Neal November 17, 1886-November 17, 188S.
David W. Patty November 17. 1888-November 17, 1890. The act of
February 14, 1889, made Hamilton the sole county
in the Twenty-fourth, where it has since remained.
Simon D. Stuart November 17, 1890-November 17, 1892.
David J. McMath
November 17, 1892-November 17, 1894.
L. S. Baldwin
November 17, 1894-November 17, 1898.
John E. Garver
November 17, 1898-January 1, 1901.
J. Frank Beals January 1, 1901-January 1, 1903.
Fred E. Hines
January 1, 1903-January 1, 1907.
Cassins M. Gentry
January 1, 1907-January 1, 1911.
Roscoe R. Foland
January 1, 1911-January 1, 1913.
George W. Osborn
January 1, 1913-January 1, 1915.
Ananias Guy January 1, 1915; term expires January 1, 1917.
HANCOCK COUNTY.
Hancock county was first created by the legislative act of January 26, 1827, but it took another act (December 24, 1827) to get the county started. This latter act provided that the county should be formally organized on March 1, 1828. The locating commissioners selected the present town of Greenfield for the county seat and its central location has proved so sat- isfactory that no other town in the county has ever been con- sidered for the county seat. The first Circuit court in Han- cock county was held in March, 1828, at the log cabin of Sam- uel B. Jackson, which stood east of Greenfield on the old na- tional road. Bethuel F. Morris was the President Judge and
(46)
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COURTS AND LAWYERS OF INDIANA
his two Associates were Jacob Jones and James Stevens. James Whitcomb, later Governor of Indiana, was the first prosecuting attorney.
Hancock was placed in the Fifth circuit upon its organiza- tion in 1828, and remaining in this circuit until the new Con- stitution was adopted in 1852. Practically all the President Judges during this period were residents of Indianapolis and all of them have been noticed in other chapters. Under the old Constitution there were several lawyers at Greenfield who attained more than a local reputation, among them being Thomas D. Walpole, Reuben A. Riley (father of the poet, James Whitcomb Riley) and David S. Gooding.
One of the most interesting cases of the early days was a malpractice charge placed against Walpole, February 25, 1835. Walpole was in the court on this date to answer to the charge and on the following morning the case was set for trial. The court docket has the following entry apropos of the case: "Now comes as well the plaintiff by his attorney as the defendant in his own proper person who admits the re- re'pt of a copy of the charges and specifications aforesaid, and files his answer thereto, and the parties submit the matter to the court. Whereupon all and singular, the premises being seen, and the evidence adduced by the parties being fully heard and understood, the court do say that the respondent, the said Thomas D. Walpole, is not guilty as he is charged in the first and second specifications aforesaid, and that the said respondent is guilty in manner and form as he stands charged on said third specification. Wherefore it is considered, order- ed and adjudged by the court that said respondent, for his malpractice and misconduct aforesaid, whereof he is convicted as aforesaid, be forever deprived of his franchise and privi- lege as such attorney and counselor-at-law as aforesaid, and that he be no more permitted to practice as such, under, or by virtue of his license whereof he is now possessed."
Walpole immediately "moved the court to arrest and stay judgment upon their finding, and the conviction aforesaid, for the cause that said third specification whereupon said Walpole is convicted as aforesaid is insufficient in law to war- rant any judgment thereon." Whatever action may have
723
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been taken following this motion by Walpole, the next entry on the court record is sufficiently explanatory as to what was done. "And the premises being seen and understood, it seems to the court that said third specification is sufficient to war- rant judgment thereon. It is therefore considered that the said Walpole take nothing by his said motion."
When a motion was made, April 4, 1836, to admit Wal- pole to practice for the term then in session, it was granted. A motion was overruled four days later that he be again ad- mitted to practice. On October 6, 1836, Walpole was ad- mitted to practice as an attorney only in the presence of the Associate Judges. He was admitted in the presence of the full court, on January 19, 1838.
Walpole figured in a large number of lawsuits in which he was a party, frequently appearing as plaintiff, but more often as defendant, nor were proceedings against him limited to civil actions. One of the ludicrous indictments returned against him was for disturbing a lawful meeting.
Most of the lawyers of Hancock county have always been active in politics. Thomas D. Walpole, R. A. Riley and David S. Gooding, among the first to become established in the coun- ty, were practical politicians. Walpole and Gooding were at first Whigs, and Riley was a Democrat until the repeal of the Missouri Compromise in 1854. In the latter fifties Gooding and Walpole were Democrats and Riley was a Whig. With the opening of the Civil War, James L. Mason became the Democratic leader in the county, while Gooding, Riley and William R. Hough were the leaders in the Union party. Lem- uel W. Gooding was also active in the Union party during the war and remained active as a Republican for several years after the war. He was chairman of the Republican county central committee in 1867-8. Montgomery Marsh, an active Democrat all his life, was the chief agitator in stirring up interest in the gas situation in 1886. Charles G. Offutt and Ephraim Marsh entered the political arena a few years after the war and remained active Democrats for thirty-five years. The late Stokes Jackson entered the legal profession through politics. Judge Felt has been a successful politician and has held public office probably more than half of the time since
724
COURTS AND LAWYERS OF INDIANA
entering the profession. He has been on the Appellate bench since 1911. R. A. Black was a prominent Republican and William A. Hough's name is frequently mentioned in Repub- lican circles among the eligibles for Congress. Practically all members of the bar now take an active interest in poli- tics. They never refuse to serve their respective parties with their best judgment, nor do they shun the responsibilities of public office when the importunity of friends becomes irre- sistible.
The majority of attorneys admitted during the first years of the county's history were Indianapolis attorneys. Others whose names appear upon the roll came from Noblesville, Shelbyville, Richmond and Muncie. "Circuit riders" followed the Judge from court to court in the judicial circuit. Calvin Fletcher, Ovid Butler and the Browns were Indianapolis at- torneys. James B. Ray and Abram A. Hammond, both of Indianapolis, transacted quite a large amount of legal busi- ness before the court in its early history. Both of these men later became Governors of Indiana. The appearance of Chris- tian Nave and William Quarles is noted in many cases. Quarles, especially, attended many terms of court. He was from Indianapolis.
Thomas D. Walpole was first resident attorney who grew into prominence. He had a checkered career as an attorney and politician. Shortly before the Civil War he removed to Indianapolis. While in Greenfield he lived in the property now occupied by Dr. Edward Howard, just east of the New building.
George W. Julian lived in Greenfield for several years. He came from Wayne county and later returned to that county. He was rather a prominent attorney and served six terms in Congress. He was the leader of the Free Soil party not only in Indiana but in the national councils of the party.
The names of D. M. C. Lane, Reuben A. Riley, James Rutherford and David S. Gooding were added to the list of local attorneys during the forties. Lane's name appears in the record frequently for several years, but he does not seem to have attained any special distinction at the bar. James Rutherford was in turn, county school examiner, clerk of
725
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the court, and practicing attorney. He is said to have been a very scholarly man, but he became dissipated and his life was cut short. Reuben A. Riley was a practitioner for almost half a century. He and Rutherford were partners for a short time about 1848. Several of the younger men read law in his office, and later he and William R. Hough were part- ners for a time. Riley was not only an able, conscientious lawyer, but he took a general interest in public affairs. Some of his poems and speeches that still remain in print show him to have been gifted along several lines. David S. Gooding was a successful trial lawyer, but he gave a great deal of at- tention to politics. He possessed a good presence, was an able speaker, and for a time had a remarkable influence in the county.
During the fifties James L. Mason, Montgomery Marsh, Lemuel W. Gooding, William R. West, David VanLaningham, William R. Hough and George Y. Atkison were added to the number of local attorneys. James L. Mason became a prom- inent Democrat during the war, and built up a lucrative prac- tice during that time. A number of later attorneys read law in his office. He came from Union county and taught school in Greenfield for several terms. Montgomery Marsh possessed rather limited attainments as an attorney, but took an active interest in public affairs, and especially in politics. Lemuel Gooding served one term as county recorder, and one term as district attorney. He and his brother, David S., were part- ners for a time, but David seems to have been in politics so much that Lemuel hung out a shingle of his own. When the temperance fights came on in 1859, and following, David VanLaningham usually represented the liquor interests, and Reuben A. Riley the remonstrators. William R. Hough came into prominence during the Civil War. Gooding was in poli- tics. Riley was at the front, and this left the legal field very largely to Hough and James L. Mason. The record of these years attests the fact that Hough was an unusually success- ful lawyer. In following matters up in the Circuit court or before the county commissioners, one almost develops the habit of expecting to see the cause he represented successful. Judge West served one term as county recorder. The com-
726
COURTS AND LAWYERS OF INDIANA
missioners' records, as well as the court records, show that for a time he had a pretty fair practice. George Y. Atkinson was a farmer and a man of general affairs. He was a man of unusual influence in the county, but he scarcely ever fought his legal battles alone.
During the Civil War, David Moss, of Noblesville, had a large practice in this court. Martin M. Ray, of Shelbyville, Walter March, of Muncie, and John L. Ketcham, father of William Ketcham, were also quite frequently in court.
Following the Civil War Adams L. Ogg opened a law office in Greenfield, but practically all of his time was given to the prosecution of pension claims of the soldiers. He was very successful in this field, and procured more pensions for his comrades, likely, than were procured by any other attorney at the bar. He also procured some of the largest pensions that were awarded to the soldiers of this county.
Within a few years after the Civil War August W. Hough, Charles G. Offutt, Hamilton J. Dunbar and James A. New entered the profession. Dunbar and New were both men of exceptional ability, but both died comparatively young. Charles G. Offutt became one of the best known attorneys at the bar. He was tall and portly, had a good presence, a strong personality, a clear, fine voice, and was gifted with a rare quality of eloquence. It was said by his opposing coun- sel that in the trial of a cause he was able to discern quickly any weakness in his adversary's case, and the strong points in his own; that he was able to seize upon these things and throw them in such a light before juries that it always made him a formidable opponent. As a young lawyer, Offutt coun- seled with Judge Buckles on important matters. For several years his card in the local papers announced that Judge Buckles would be associated with him in the trial of all im- portant causes.
Ephraim Marsh, William Ward Cook, William H. Martin and R. A. Black entered the practice during the seventies. Marsh & Cook formed a partnership soon after Marsh's retire- ment from the clerk's office. Their talents were complemen- tary. Marsh was an exceedingly close and diligent student of the law, while Cook was preeminently a trial lawyer. For
·
727
THE COUNTY COURTS
several years immediately following the gas boom in the coun- ty, they probably transacted a larger volume of legal business than has ever been transacted by any firm in the same length of time in Greenfield. After the death of Marsh, Cook re- mained as the last of the older trial lawyers. He had fought many a legal battle, and everybody knew him to be the peer of any advocate who entered the forum of justice. For sev- eral years he remained in the practice honored and respected practically as the dean of the Hancock bar. R. A. Black and Charles G. Offutt were partners for many years before Offutt was elected to the bench in 1894. William H. Martin, who was Circuit Judge from 1884 to 1894, and Offutt were part- ners for several years after Offutt's service on the bench.
The splendid law library to which the attorneys have ac- cess at the court house has been collected within the last thir- ty-five years. On the 8th day of June, 1882, the court, on its own motion (Judge Forkner on the bench), ordered that James A. New, Israel P. Poulson and Augustus W. Hough be added to a committee, that had been previously appointed by Judge of the court, to sell the extra volumes of the Indiana Reports and to purchase the New York Reports, and other volumes.
On the 5th day of January, 1886, this committee reported the sale of forty-eight volumes of the Indiana Reports. They also reported the purchase of thirty-three volumes of the New York Reports. The committee further "shows that the reason why this matter was not promptly closed up was that Bowen, Stewart & Company agreed at the time said purchase was made to furnish the digest for said reports under con- tract as they were compiled and published, for which said balance was to be expended. And he said that said digests were not furnished, hence the funds retained therefor are still on hands, and that with this unfulfilled promise died the rec- ollection which the committee had of the details of their pro- ceedings and doings." This report was made by James A. New, a member of the committee.
On the 5th day of April, 1887, Ephraim Marsh, Israel P. Poulson and James A. New, "committee on the Hancock County Law Library," submitted another report of their work
728
COURTS AND LAWYERS OF INDIANA
as such committee, which was approved by the court, and which showed that additional law books had been purchased from the Bowen-Merrill Company. The purchase of the New York Reports, as above stated, seems to have been the first step towards getting a library of general reference. The National Reporter System was started in 1885. Other publi- cations were added as they came from the press, including the Federal Reports, the Lawyer's Reports Annotated, the Centennial Digest, the Decennial Digest, Encyclopedias, etc.
ASSOCIATE JUDGES.
Jacob Jones March 21, 1828, to serve seven years from date. James B. Stevens. March 21, 1828, to serve seven years from date; resigned, November, 1831.
John Ogg December 22, 1831 (special election), vice James B. Stevens (resigned), to serve seven years from March 21, 1828.
Robert McCorkhill August 15, 1834, to serve seven years from March 21, 1835; resigned, July, 1837.
Othniel H. Sween August 15, 1834, to serve seven years from March 21, 1835; resigned, March, 1835.
Nathan Crawford August 14, 1835 (special election), vice Othniel H. Sweem (resigned), to serve seven years from March 21, 1835.
George Henry August 7, 1837 (special election), vice Robert Mc- Corkhill (resigned), to serve seven years from March 21, 1835.
George Tague August 14, 1841, to serve seven years from March 21, 1842; resigned, June, 1844.
Owen Jarrett August 14, 1841, to serve seven years from May 21, 1842.
Hector H. Hall August 16, 1844 (special election), vice George Tague (resigned), to serve seven years from March 21, 1842.
Andrew F. Hatfield September 2, 1848, to serve seven years from March 21, 1849.
Phinneus H. Fry September 2, 1848, to serve seven years from March 21, 1849.
PROBATE JUDGES.
Jeremiah Meek August. 14, 1829, to serve seven years from date.
John Ogg August 30, 1836, to serve seven years from date.
John Ogg August 17, 1843, to serve seven years from date.
Samuel Hottle September 24, 1850, to serve seven years from date.
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THE COUNTY COURTS
COMMON PLEAS JUDGES.
David S. Gooding 1852-56.
Richard Lake 1856-60.
William Grose
1860-61, resigned.
Elijah B. Martindale
Appointed August 31, 1861-October 18, 1861.
David S. Gooding
1861; resigned, September 10, 1864.
William R. West. Appointed September 12, 1864-72.
Robert L. Polk 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
James W. Sansbury. 1852-56, resigned.
Montgomery Marsh 1856-58.
F. S. C. Cooper. 1858-60.
William R. Hough
William R. Hough, 1860-62.
Daniel W. Comstock Daniel W. Comstock, 1862-64.
James D. Martindale _ 1864-66.
Calvin D. Thompson Calvin D. Thompson, 1866-67, resigned.
Reuben A. Riley Appointed April 27, 1867.
William F. Walker 1867-69, resigned.
Joseph W. Worl Appointed December 8, 1869-72.
Washington Saunders .1872-73.
PRESIDENT JUDGES.
Bethuel F. Morris March 1, 1828-December 4, 1834, resigned. Fifth circuit.
William W. Wick Appointed December 4, 1834-August 2, 1839, re- signed.
James Morrison Appointed August 2, 1839; resigned, August 15,
1842.
William Quarles August 15, 1842; returned commission September 28. 1842.
Stephen Major Appointed September 28, 1842; declined to accept.
Fabius M. Finch Appointed October 6, 1842-December 16, 1842.
William J. Peaslee December 16, 1842-September 17, 1849, resigned.
William W. Wick Appointed September 17, 1849-October 12, 1852.
CIRCUIT JUDGES.
William W. Wick October 12, 1852-January 12, 1854. Fifth circuit. Stephen Major Jannary 12, 1854-February 1, 1859. The act of February 1, 1859, pnt Hancock in the Seventh.
Joseph S. Buckles February 1, 1859-October 24, 1870. Judge Buckles had been on the bench of the Seventh since Octo- ber 26, 1858.
Joshua H. Mellett. October 24, 1870-October 24, 1876. The act of March 6, 1873, put Hancock in the Eighteenth, and transferred Mellett from the Seventh to the Eighteenth.
Robert L. Polk October 24, 1876-May 11, 1881.
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COURTS AND LAWYERS OF INDIANA
Mark E. Forkner Appointed May 11, 1881-November 15, 1888.
William H. Martin November 15, 1888-November 15, 1894. The act of February 22, 1889, made Hancock the sole county in the Eighteenth, where it has since remained.
Charles G. Offutt November 15, 1894-November 15, 1900.
Edward W. Felt November 15, 1900-November 15, 1906.
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