USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 32
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Upon coming to Kokomo, John W. Cooper formed a part- nership with James W. Robinson. Later, however, he prac- ticed alone. Cooper was slow of speech, deliberate in action and careful and sound in thought. Col. N. P. Richmond was possessed of fine legal judgment, but was an indifferent stu- dent. Charles E. Hendry was a man of sanguine tempera- ment, and therefore easily depressed and discouraged. He was a painstaking advocate and partial to the prolix common law formulation. Arthur Bell, who began the practice of law at Kokomo, died early in life. Jacob H. Kroh was an attorney of average speech, but of deep human sympathies, and pos- sessed of fine clerical ability. Dan H. Bennett, at one time editor of the Howard County Republican, was also a lawyer
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COURTS AND LAWYERS OF INDIANA
of considerable ability. He was a man given to tirades and vilification in the trial of cases, but he was so by design rather than by temperament. As the editor of the Howard County Republican, he supported Judge Pollard, running as an independent candidate for Judge of the Howard Circuit court in October, 1873, and opposed N. R. Lindsey, the nomi- nee of the Republican party, who was supported by T. C. Phillips as editor of the Tribune. Pollard defeated Lindsey and made an able Judge.
ASSOCIATE JUDGES.
Thomas A. Long June 5, 1844, to serve seven years from date.
Robert Ervin June 5, 1844. to serve seven years from date.
Thomas MeClure August 20, 1850, to serve seven years from June 5, 1851.
William Davis August 20, 1850, to serve seven years from June 5, 1851.
PROBATE JUDGES.
Nathan C. Beals Angust 19, 1844.
Benjamin Lesoura August 15, 1846, to serve seven years from August 19, 1846; removed from county prior to January 30, 1851.
Nathan C. Beals January 30, 1851, appointed.
Robert Ervin August 27, 1851.
COMMON PLEAS JUDGES.
Earl S. Stone 1852-56.
Nathaniel R. Lindsey. _1856-60.
John Green 1860-64.
Nathaniel R. Lindsey. .1864-65, 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 A. Strech 1864-66.
Levi Farley 1866, resigned.
August F. Shirts Appointed November 17, 1866-67.
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Noah W. Parker. 1867-68.
Joseph L. Custer. 1868-1872.
Robert B. Beauchamp __ 1872-73.
PRESIDENT JUDGES.
At the time of its organization, May 1, 1844, Howard county was placed in the Eighth circuit, where it remained until October 12, 1852. During this time only three Judges sat on the bench in Howard county, the first being John W. Wright, who was serving at the time the county was organ- ized and who continued until January 29, 1847, when he was succeeded by Horace P. Biddle. Biddle resigned on April 20, 1852, and Robert H. Milroy was appointed to the office, serv- ing until the adoption of the new constitution.
CIRCUIT JUDGES.
Thomas Stanfield October 12, 1852-January 21, 1853. The act of January 21, 1853, took Howard out of the Ninth and put it in the Eleventh.
John U. Pettit. Appointed January 25, 1853; resigned August 28, 1854.
John Brownlee Appointed August 28, 1854-October 25, 1854.
John M. Wallace October 25, 1854-February 1, 1859. The act of February 1, 1859, put Howard in the Seventh.
Joseph S. Buckles. February 1, 1859-February 11, 1867. Judge Buck- les had been on the bench in the Seventh since October 26, 1858. The act of February 11, 1867, 1867, put Howard in the Seventeenth.
Henry A. Brouse Appointed February 18, 1867-October 19, 1867.
John Davis October 19, 1867-March 4, 1871.
James O'Brien
Appointed March 4, 1871-March 6, 1873. The act of March 6, 1873, put Howard in the Thirty-sixth.
Clark N. Pollard
Appointed March 12, 1873-October 24, 1879.
Nathan R. Overman
James O'Brien
October 24, 1879; died in office October 25, 1883.
Daniel Wangh
Appointed November 1, 1883-November 14, 1884.
Lex J. Kirkpatrick November 14, 1884-November 14, 1890.
November 14, 1890-November 14, 1896.
Walter W. Mount November 14, 1896-November 14, 1902.
James F. Elliott. November 14. 1902-November 14, 1908.
Leroy B. Nash
November 14, 1908-March 1, 1909. The act of March 1, 1909, made Howard the sole county in the newly created Sixty-second, where it has since remained.
Lex J. Kirkpatrick. Appointed March 15, 1909-January 1, 1911. William C. Purdum January 1, 1911; term expires January 1, 1917.
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COURTS AND LAWYERS OF INDIANA
PROSECUTING ATTORNEYS.
William Z. Stuart May 1, 1844-December 15, 1845. Eighth circuit.
David M. Dunn December 15, 1845-December 15, 1847.
William Potter August 23, 1849-August 28, 1851, resigned.
George E. Gordon August 28, 1851-September 15, 1852, resigned.
John M. Wilson
September 15. 1852-October 12. 1852.
D. J. Woodward October 12, 1852-January 21, 1853. The act of January 21, 1853, took Howard out of the Ninth and put it in the Eleventh.
John M. Connell January 25, 1853-January 1, 1854.
Isaiah M. Harlan January 1, 1854-February 27, 1856. resigned.
Orris Blake Appointed February 27, 1856-October 30, 1856.
Charles H. Parrish October 30, 1856-December 1, 1858.
Richard P. DeHart
December 1, 1858-February 1, 1859. The act of February 1, 1859, put Howard in the Seventh.
David Moss October 31, 1859-November 12, 1861.
John A. Harrison
November 12, 1861-November 9, 1865.
Lemuel G. Gooding
November 9, 1865-February 11, 1867. The act of February 11, 1867, put Howard in the Seventeenth.
Nicholas Van Horn Appointed February 18, 1867-October 25, 1867.
William O'Brieu October 25, 1867-October 24, 1870.
James F. Elliott
October 24, 1870-October 26. 1874. The act of March 6, 1873, put Howard in the Thirty-sixth, and transferred Elliott from the Seventeenth to the Thirty-sixth.
Robert B. Beauchamp __ October 26, 1874-October 26, 1876.
Joel Fred Vaile. October 26, 1876-October 26, 1878.
John A. Swoveland
October 26, 1878-October 26, 1880.
John E. Moore
October 26, 1880-November 17, 1882.
Cassius C. Shirley
November 17, 1882-November 17, 1884.
James M. Fippen
November 17. 1884-November 17, 1886.
Walter W. Mount.
November 17, 1888-November 17, 1890.
John F. Pyke.
November 17. 1802-November 17. 1894.
William D. Davis
November 17, 1894-November 17, 1896.
B. F. Harness
November 17, 1896-November 17, 1898.
Frank M. Stratton
November 17, 1898-January 1, 1901.
Every A. Mock January 1, 1901-January 1, 1903.
Edward Daniels January 1, 1903-January 1. 1905.
Cleon Wade Mount January 1, 1905-January 1, 1907.
J. Fenimore Cooper January 1, 1907-January 1, 1909.
Arthur G. Manuing January 1, 1909-March 1, 1909. The act of March
1. 1909, made Howard the sole county in the newly created Sixty-second.
Donald P. Strode November 22, 1910-January 1, 1913.
Fred H. Jessup January 1, 1913-January 1, 1915.
Donald P. Strode. January 1, 1915; term expires January 1, 1917.
Albert B. Kirkpatrick
November 17, 1886-November 17, 1888.
James N. Smith
November 17, 1890-November 17, 1892.
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HUNTINGTON COUNTY.
Huntington county was created by the legislative act of February 2, 1832, but for some reason no immediate action was taken by the residents of the county looking toward its organization. It took a second act (February 1, 1834) to effect its organization, the second act providing that the county should be formally organized on the first of the follow- ing March. It was not held until May 5, 1834, that the first meeting of the county commissioners was held. During the summer of 1834 the locating commissioners, who were desig- nated in the act organizing the county, looked over the various sites proposed for the county seat. They finally decided upon the site of the present town of Huntington, on land which at that time was owned by Gen. John Tipton. Tipton offered to deed a number of lots to the county if the seat of justice was located on his land, and in view of the fact that the site was on the Wabash river and near the center of the county, the locating commissioners decided to accept his offer. Another consideration which entered into the selection of this site was the offer by Tipton of the use of a building for the use of the county until a suitable court house should be erected.
The first term of the Huntington Circuit court was held at the house of Jonathan Keller, one of the first settlers of the county and familiarly known as "Old Broadhorn." The minutes of the first meeting of the court indicate that the session convened on March, 1835. Upon the organization of the county it had been attached to the Eighth circuit, which at that time was presided over by Gustavus A. Everts. The Associate Judges at this initial session of the court were Mur- dock McLane and Keller, and the prosecuting attorney was Samuel C. Sample.
The first case called for trial was that of the state of Indiana vs. George Welshons, who had been indited for assault and battery. The first jury trial concerned Thomas Curran, who was indicted for grand larceny.
In July, 1836, Judge Everts was succeeded by Samuel C. Sample, of Allen county, as Circuit Judge, and Joseph L. Jer- negan was chosen prosecuting attorney. At the same time
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COURTS AND LAWYERS OF INDIANA
George A. Fate was elected Associate Judge to succeed Jona- than Keller. Judge Charles W. Ewing, of Allen county, who succeeded Judge Sample in March, 1837, was a brilliant orator and lawyer. He was deservedly popular both on the bench and at the bar. Governor Wallace appointed Henry Chase, of Cass county, to fill the vacancy caused by the resignation of Judge Ewing on August 20, 1839, and when the Legislature of 1839 convened John W. Wright, of Cass county, was elected to preside over the Eighth circuit. Although Judge Wright served a full term of seven years, he presided over the Cir- cuit court of Huntington county only about two years.
The Legislature on December 14, 1841, redistricted the state for judicial purposes and Huntington county was made a part of the Twelfth circuit, which included the northeastern por- tion of the state. James W. Borden, of Fort Wayne, was elected by the Legislature as President Judge (December 15, 1841) and William H. Coombs became the first prosecuting attorney under the new law. Judge Borden continued on the bench until 1851.
In March, 1841, the first term of court was held in the new court house on the southeast corner of Jefferson and Franklin streets. While the court house was under construc- tion the sessions of the court were held in the school house on West State street. This court house was the frame building erected by Gen. John Tipton and presented to the county. Elza A. McMahon was appointed Judge of the circuit July 31, 1851, to fill the unexpired term of Judge Borden, and served until the new Constitution went into operation, October 12, 1852.
Huntington county was placed in the Tenth circuit by the act of June 17, 1852, and Elza A. McMahon, who had served as President Judge for about a year, was elected as the first Circuit Judge of the Tenth. The Tenth included the counties of Huntington, Wells, Adams, Wabash, Whitley, Allen, Noble, Lagrange, Steuben, Elkhart and Kosciusko. The size of the Ninth and Tenth circuits soon made it imperative that a new circuit would have to be organized, and the Legislature, with the act of January 21, 1853, took one county out of the Seventh, two out of the Tenth and five out of the Ninth, and constituted
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THE COUNTY COURTS
these eight counties as the new Eleventh circuit. Huntington and Wabash were taken out of the Tenth and attached to this new circuit. Judge McMahon did not hold a session of court in Huntington county under the new Constitution. Four days after the circuit was organized the Governor appointed John U. Pettit, of Wabash, as the first Judge of the new circuit.
In February, 1853, the first term of the Huntington Circuit court under the new Constitution convened with John U. Pettit, of Wabash county, who had previously served in the Indiana Legislature and as United States consul at Rio de Janeiro, Brazil, as Judge. His judicial district comprised Carroll, Cass, Miami, Wabash, Huntington and Grant counties. Hav- ing being elected to Congress, Judge Pettit resigned in 1854 and was succeeded by John Brownlee, of Grant county, appointed by Governor Wright on September 6, 1854. In 1854 John M. Wallace, of Grant county, was elected to fill out the unexpired term of Judge Pettit. His first term of court in Huntington county was held in February, 1855. Later, however, Judge Wallace absented himself from Huntington county on account of a personal feud, and during this period Judge Brownlee presided over the court by appointment.
In the fall of 1860 Horace P. Biddle, of Cass county, who had been a delegate to the Constitutional Convention of 1852, was elected to succeed Judge Wallace. He was re-elected in 1866, but his connection with the Huntington Circuit court ended when the act of May 3, 1869, put Huntington back into the Tenth circuit. Robert R. Lowry, who had been on the bench of the Tenth since October 26, 1864, now became the Judge of Huntington Circuit court and so continued until the act of December 14, 1872 put Huntington in the Twenty- second with Miami and Wabash. John U. Pettit, who had previously served in Huntington county as Judge, was ap- pointed January 6, 1873, as Judge of the new circuit, but he served only two months. The act of March 6, 1873, united Huntington with Grant and Blackford in the Twenty-eighth circuit. The Governor appointed James R. Slack as Judge of the newly created Twenty-eighth, his commission being issued April 21, 1873. He was elected in the fall of 1873 and re-elected in the fall of 1879. He died in August, 1881, while
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COURTS AND LAWYERS OF INDIANA
serving his second term. Governor Porter appointed Henry B. Sayler to fill the unexpired term of Judge Slack, and by subsequent election Judge Sayler served until November 17, 1888.
Joseph S. Dailey, of Wells county, succeeded Judge Sayler and served until he resigned, July 25, 1893, to accept an ap- pointment to the Supreme bench of the state. However, be- fore this time the act of March 4, 1893, had constituted Hunt- ington as the sole county of the newly created Fifty-sixth. Grant was made the Forty-eighth at the same time, and Wells and Blackford became the Twenty-eighth. Orlando Whitlock, a graduate of the University of Michigan, was appointed by Governor Mathews, March 15, 1893, as the first Judge of the Fifty-sixth circuit. He served by appointment until November 10, 1894, when he was succeeded by Charles W. Watkins for a six-year term. James C. Branyan, a graduate of Wabash College and a veteran of the Civil War, served from 1900 to 1906, at which latter date Samuel E. Cook, the present incum- bent, took the bench.
ASSOCIATE JUDGES.
Jonathan Keller April 16, 1834. to serve seven years from date. Murdock MeLane April 16, 1834. to serve seven years from date.
George A. Fate August 14. 1835, vice Jonathan Keller (removed from connty), to serve seven years from April 16, 1834, resigned, October, 1837.
John Lewis February 9, 1838 (special election), vice George A. Fate, resigned, to serve seven years from April 16, 1834.
Daniel James August 23, 1838, to serve seven years from April 16. 1834.
William C. Parker August 17. 1840 (special election), to serve seven years from April 16, 1841.
Samuel B. Caley August 17, 1840 (special election), to serve seven years from April 16, 1841.
John D. Pulse August 30. 1847, to serve seven years from April 16. 1848, resigned April 4, 1851.
Daniel James August 30, 1847. to serve seven years from April 16, 1848.
PROBATE JUDGES.
Joel Grover August 14, 1834; resigned March 20. 1836.
Erwin W. Madison December 31, 1836, ice Erwin W. Madison, re- signed.
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THE COUNTY COURTS
Edwin W. Madison Angnst 14, 1836; resigned, December, 1836. William S. Shearer December 31, 1836. vice Edwin W. Madison, re- signed.
William S. Shearer November 23. 1837; resigned, July, 1838.
James Gilluce. August 14, 1838 (special electiou), vice William S. Shearer, resigned. James Gilluce filed resigna- tion March 24, 1841.
William S. Shearer April 23, 1841 (special election).
William S. Shearer August 11, 1841, to serve seven years from date.
Michael Crum August 29. 1848: died July 28, 1849.
David Garlic August 6, 1849, vice Michael Crum, deceased.
William P. Schenck September 10, 1850.
COMMON PLEAS JUDGES.
Wilson B. Loughridge. 1852-60. Joseph Brackenridge. 1860-64.
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.
DISTRICT PROSECUTING ATTORNEYS.
Erastus K. Bascomb 1852-53. Benedict Burns 1:53-54, resigned.
N. Lycurgus Perry Appointed June 15, 1854.
Amazi White 1854-56.
Sammel Mahon
1856-54.
Lawton Burwell 1458 50. resigned.
A. V. Blair
Appointed March 12, 1859, failed to qualify.
Frederick Lneas Appointed March 24, 1859.
James G. Smith
1859-60.
David T. Smith 1860-62.
David Colerick
1862-66.
Joseph S. Dailey
1866-68.
Benjamin F. Thach. 1868-72.
Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts. December 2, 1834-July 5, 1836, resigned. Eighth circuit.
Samuel C. Sample Appointed July 5. 1836-December 10, 1836; trans- ferred to the Ninth.
Charles W. Ewing Appointed December 10. 1836; resigned August 20. 1839.
Henry Chase
Appointed September 1, 1839-December 14. 1839.
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COURTS AND LAWYERS OF INDIANA
John W. Wright. December 14, 1839-December 14, 1841. The act of December 14, 1841, put Huntington in the Twelfth.
James W. Borden December 15, 1841; resigned July 31, 1851.
Elza A. McMahon Appointed July 31, 1851-October 12, 1852. CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852-January 21, 1853. The act of January 21, 1853, took Huntington out of the Tenth and put it in the Eleventh.
John U. Pettit Appointed January 25, 1853; resigned August 28, 1854.
John Brownlee AAppointed September 6, 1854-October 25, 1854.
John M. Wallace. October 25, 1854-October 26, 1860.
Horace P. Biddle. October 26, 1860-May 3. 1869. The act of May 3, 1869, put Huntington in the Tenth.
Robert R. Lowry May 3, 1869-December 14, 1872. Judge Lowry had been on the beuch of the Tenth since October 26, 1864. The act of December 14, 1872, put Hunting- ton in the Twenty-second.
John U. Pettit. Appointed January 6. 1873-March 6. 1873. The act of March 6, 1873, put Huntington in the Twenty-eighth.
James R. Slack Appointed April 1, 1873; died in August, 1881.
Henry B. Sayler. Appointed August 15. 1881-November 17, 18SS.
Joseph S. Dailey November 17, 18SS-March 4, 1893. The act of March 4. 1893. made Huntington the sole county of the Fifty-sixth, where it has since remained.
Orlando Whitelcok Appointed March 15, 1893-November 10, 1894.
Charles W. Watkins November 10, 1894-November 10, 1900.
James C. Branyan November 10, 1900-November 10, 1906.
Samuel E. Cook. November 10, 1906; term expires November 10, 1918.
PROSECUTING ATTORNEYS.
Samuel C. Sample December 4. 1834-July 5, 1836, resigned, Eighth circuit.
Joseph L. Jernegan Appointed July 5. 1836-December 10, 1836; trans- ferred to Ninth.
Thomas Johnson Appointed December 10, 1836-December 3, 183S.
John W. Wright. December 3, 1838-December 5, 1839.
December 5, 1839-December 14, 1841. The act of
Lucian P. Ferry December 14, 1841, put Huntington in the Twelfth.
William H. Combs December 14. 1841; resigned 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.
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THE COUNTY COURTS
John M. Connell October 12, 1852-January 1, 1854. The act of January 21, 1853, took Huntington out of the Tenth and put it in the Eleventh. This act transferred Connell to the Eleventh.
Isaiah M. Harlan January 1, 1854-February 27, 1856, resigned.
Orris Blake Appointed February 27. 1856-October 30. 1856.
Charles H. Parrish October 30, 1856-December 1, 1858.
Richard P. DeHart December 1. 1858-October 29, 1860, resigned.
Meredith H. Kidd Appointed November 1, 1860-February 17, 1862, resigned.
Thomas C. Whiteside. Appointed February 17, 1862-November 3, 1864.
Dudley H. Chase. November 3, 1864-May 3, 1869. The act of May 3. 1869. put Huntington in the Tenth.
Joseph S. Dailey May 3, 1869-December 14, 1872. The act of December 14, 1872, put Huntington in the Twenty- second. There is no record of a prosecutor being appointed or elected for the Twenty-second prior to October 24, 1874.
John W. Morgan March 6. 1873-October 28. 1873. The act of March 6. 1873. put Huntington in the Twenty-eighth.
Alfred Moore
October 28. 1873-October 28. 1877.
Asbury E. Steele
October 28, 1877-October 28, 1879.
Charles W. Watkins October 28. 1879-October 28, 1883.
George W. Gibsou
October 28, 1883-October 28, 1885.
Sidney W. Cantwell
Commissioned November 14, 1884. for a two-year term to begin October 28, 1885, but the act of March 3. 1885, transferred Cantwell from the Twenty-eighth to the Forty-eighth.
E. C. Vaughn
March 3. 1885-November 17, 1SSS. The act of March 3, 1885, transferred Vaughn from the Twenty-sixth to the Twenty-eighth.
William A. Branyan November 17, 1888-November 17, 1892.
Samuel E. Cook
November 17, 1802-November 17, 1894 The act of March 4, 1893. put Huntington in the Fifty-sixth, where it has since remained.
E. E. Kelsey November 17. 1894-November 17, 1896.
James R. Day November 17. 1896-November 17, 1898.
John S. Branyan November 17. 1898-January 1, 1901.
William A. Mitchell. January 1, 1901-January 1, 1903.
Clifford F. Jackman January 1, 1903-January 1, 1907.
George M. Eberhart. January 1, 1907-January 1. 1911.
Otto H. Krieg January 1, 1911-January 1. 1915.
Arthur H. Sapp January 1. 1915; term expires January 1, 1917.
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COURTS AND LAWYERS OF INDIANA
JACKSON COUNTY.
Jackson county was organized out of a part of Washing- ton and Jefferson counties by an act of the General Assembly, approved December 18, 1815. The records in the court house show that what was probably the first court in Jackson county was held at the town of Vallonia, the third Monday in Janu- ary, 1816, before Associate Judges Joseph Kitchell and John Ketchum. Judges Kitchell and Ketchum also held a special session of the court on May 15, 1816. At this session of the court the commissioners appointed to select a county seat made their report and it was ordered that the permanent seat of justice should be located at Brownstown.
On November 18, 1816, a special session of the Circuit court was held before Cyrus Douglass and John Ketchum, Associate Judges. It was at one time believed that the first court house in Jackson county was erected at Vallonia, but this is hardly probable, since the county seat was located first at Brownstown, where it has ever since remained. The first court house built in Brownstown was used but a short time, a new court house being built in 1822. After many repairs and alterations had been made on the court house, a second building was erected and completed in September, 1834. Jack- son county, therefore, had its fourth court house within a period of less than twenty years.
In 1853 an effort was made to move the county seat from Brownstown to Seymour, the latter of which had grown to be the largest city in the county. After a bitter struggle last- ing for several years, the efforts to change the seat of justice were defeated and the county seat remained at Brownstown. In 1870 the present court house was erected at Brownstown at a cost of approximately thirty-one thousand dollars. The first session of the Jackson Circuit court after the state was admitted to the Union was held at Brownstown beginning Monday, April 7, 1817, with David Raymond, President Judge, and Ebenezer McDonald as prosecuting attorney.
Jackson county figures in a queer legislative error, which for a time made it doubtful as to what circuit the county really belonged. The act of March 6, 1889, had constituted
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THE COUNTY COURTS
Jackson, Washington and Orange as the Forty-second circuit, and this circuit remained unchanged until 1905. The act of March 11, 1905, united Jackson and Scott counties in the Sixty-first circuit, notwithstanding the fact that eight days previously the Legislature had made Fountain county the sole county of the Sixty-first circuit. The facts in the matter are substantially these. At the time the bill to create the Jackson- Scott circuit was introduced in the Senate, there was another bill pending in the House to establish Fountain county also as the Sixty-first circuit. The Senate passed the bill creating the Jackson-Scott circuit, calling it the Sixty-first. But before the bill was passed, the House passed another bill making Fountain the Sixty-first circuit. Later both the House and the Senate passed the bill of the other house and as a result there appeared on the statutes two Sixty-first circuits. It seems queer that such a thing could actually be done without someone being cognizant of the same number being applied to both circuits-but it was actually done and it was not recti- fied until two years later. The act of February 13, 1907, united Jackson and Scott counties in the Fortieth circuit, where they have since remained. There had been no Fortieth circuit since 1880, at which time Steuben and Dekalb counties, which had been temporarily made the Fortieth circuit, were again joined with Noble in the Thirty-fifth circuit.
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