Courts and lawyers of Indiana, Volume II, Part 39

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 39


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


At the April, 1824, term of the court, John F. Ross pre- sented his commission, duly signed by Governor William Hen- dricks, and took his seat as Judge of the Second circuit. John Kingsbury became state prosecutor in August, 1824. John H. Thompson became Judge of the court in July, 1833. David McDonald succeeded John H. Thompson as President Judge in January, 1839, and served until the constitution of 1851 went into operation on October 12, 1852.


There are many lawyers linked with the legal history of Lawrence county, who became notable in the annals of the state, some of whom were James Hughes, Jonathan K. Kinney, George H. Monson, John H. Butler, Cyrus L. Dunham, John J. Cummins, Daniel Long, William T. Otto, David McDonald, Alexander Butler, William W. Williamson, William A. Porter and Frank Emerson. Among the men admitted to the bar in the late forties and the early fifties were Andrew J. Simpson, George A. Thornton, Samuel W. Short, John A. Miller, J. R. E. Goodlet, Curtiss Dunham, Lovell H. Rousseau, Jesse Cox, Ja- cob B. Low, A. B. Carlton, George A. Buskirk, A. G. Cavins, Alexander McCleland and E. D. Pearson. Others who became members of the Lawrence county bar in the years shortly thereafter were John D. Ferguson, Thomas L. Smith, Jona- than Payne, J. S. Buchanan, Frank Emerson, Thomas M. Brown, I. N. Stiles, W. W. Browning, Samuel P. Crawford (later Governor of Kansas), S. H. Buskirk, A. C. Voris, Will- iam Weir, William R. Harrison, Francis L. Neff, E. E. Rose, P. A. Parks, C. T. Woolfolk, William Herod, Oliver T. Baird, A. D. Lemon, Newton Crook, William Paugh, Gideon Putnam,


837


THE COUNTY COURTS


Theodore Gazley, John H. Martin, Thomas L. Smith, Michael C. Kerr, Fred T. Brown, R. C. McAfee, Lycurgus Irwin, Mad- ison Evans and Alfred Ryors.


ASSOCIATE JUDGES.


John Milroy March: 2, 1818; resigned, 1820.


William Erwin March 2. 1818; resigned, August, 1822.


William Fields August 21, 1820, vice Johu Milroy, resigned.


Benjamin Blackwell August 25, 1882, vice William Erwin, resigned.


William Connolly November 25, 1824, to serve seven years from Feb- ruary 11, 1825.


John D. Laughlin November 25, 1824, to serve seven years from Feb- ruary 11, 1832.


Joseph Athon August 19, 1831, to serve seven years from Feb- ruary 11, 1832; resignation filed May 5, 1835.


Pleasant Padgett August 19, 1831, to serve seven years from Feb- ruary 11, 1832.


Elza Woodard August 11, 1835 (special election), vice Joseph Athon (resigned), to serve seven years from Feb- ruary 11, 1832.


Elza Woodard August 14, 1838, to serve seven years from Feb- ruary 11, 1839.


Johu Whitted August 14. 1838. to serve seven years from Feb- ruary 11. 1839.


Joseph Hostetler August 13, 1841, to serve seven years from Feb- ruary 11, 1839, vice Elza Woodard, resigned.


Alexander Butler August 20, 1845, to serve seven years from Feb- ruary 11, 1846.


Joseph Hostetler August 20, 1845, to serve seven years from Feb- ruary 11, 1846; removed from county April 1, 1849.


Joseph Whitted September 3, 1849, to serve seven years from Feb- ruary 11, 1846; removed from county prior to August 4, 1851.


Zachariah Whitted August 21, 1851, to serve until February 11, 1853. PROBATE JUDGES.


William Erwin August 18, 1829; resigned, 1832.


Rollin C. Dewey October 12, 1832, vice William Erwin, resigned.


Asher Wilcox September 7, 1833, to serve seven years from date, vice Rolliu C. Dewey. Asher Wilcox's resignation filed July 15, 1835.


William Duncan July 26, 1835, appointed vice Asher Wilcox, re- signed.


William Duncan Angust 6, 1836, to serv seven years from date.


William Duncan August 12, 1843 ; resignation filed June 28. 1844.


Isaac N. Senter August 22, 1844.


William Newland August 10, 1846, vice Isaac N. Senter, resigned. William Newland August 24, 1846, to serve seven years from date.


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COURTS AND LAWYERS OF INDIANA


COMMON PLEAS JUDGES.


James R. E. Goodlet 1852-56.


Frank Emerson


1856-60.


Ralph Applewhite


1860; resigned April 28, 1862.


Simon Stansifer


Appointed April 28, 1862-November 1, 1862.


Beattie McClellau


1862-64.


Jeptha D. New


1864-68.


Frank Emerson


1868-73.


DISTRICT PROSECUTING ATTORNEYS.


E. D. Pearson 1852-54.


Ralph Applewhite 1854-56.


Robert McAftee


1856-60.


Lycurgus Irwin


1860-62, resigned.


Jeremiah Bundy Appointed January 17, 1862.


Jeptha D. New.


1862-64.


William L. Bane. 1865-65. resigned.


John M. Kerr


Appointed August 25, 1865.


Marion Mooney


1865-66.


Newton Croake 1866-70.


Wilson S. Swengel 1870-72.


George W. Cooper 1872-73.


PRESIDENT JUDGES.


William Prince March 1, 1818-May 16, 1818, resigned. First cir- cuit.


Thomas Blake Appointed May 16, 1818-December 31, 1818.


General W. Johnston December 31, 1818-April 10, 1819, resigned.


Jonathan Doty Appointed April 10, 1819-December 31, 1821. The act of December 31, 1821, put Lawrence in the Fifth.


William W. Wick Appointed February 7, 1822-January 14, 1824. The act of January 14, 1824, put Lawrence in the Sec- ond.


John F. Ross. January 14, 1824; died in office in 1834.


John H. Thompson Appointed July 5, 1834-January 28, 1839. The act of January 28, 1839, put Lawrence in the Tenth.


David McDonald January 28, 1839-October 12, 1852. CIRCUIT JUDGES.


George A. Bicknell October 12, 1852-March 6, 1873. The act of March 6, 1873, took Lawrence out of the Second and put it in the Tenth.


Ambrose B. Carlton Appointed March 12, 1873-October 22, 1873.


Eliphalet D. Pearson October 22, 1873-October 22, 1879.


Francis Wilson October 22, 1879; died in office April 26, 1885.


Robert W. Miers Appointed April 30, 1885-October 23, 1885.


Eliphalet D. Pearson October 23, 1885; died in office July 2, 1890. Henry C. Duncan Appointed July 16, 1890-November 10, 1890.


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THE COUNTY COURTS


Robert W. Miers November 10. 1890; resigned in August, 1896. Joseph Giles Appointed August 12. 1896-November 10, 1896.


William H. Martin November 10, 1896-November 11, 1902.


James B. Wilson November 11, 1902-Angust 1, 1911. The act of March 4. 1911, put Lawrence in the Fortieth, with Jackson, where they have since remained.


Joseph H. Shea August 1, 1911-November 19, 1912. Judge Shea had been on the bench of the Fortieth since No- vember 16, 1906.


Oren O. Swails November 19, 1912; term exp:ires November 19, 1918.


PROSECUTING ATTORNEYS.


Jobn Kingsbury Angust 9, 1824-August 14, 1826. Second circuit.


Milton Stapp August 14, 1826-December 30, 1826.


John Kingsbury


December 30, 1826-December 30, 1828.


John H. Thompson December 30, 1828-December 30, 1832.


Isaac Howk December 30, 1832-June 5, 1833; died.


Charles Dewey Appointed June 5, 1833-June 4, 1836; transferred to Supreme court.


John W. Payne Appointed June 4, 1836-January 28, 1839. The act of January 28, 1839, put Lawrence in the Tenth.


John 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 Angust 23, 1851-October 12, 1852.


Samuel W. Short October 12, 1852-March 8, 1854, resigned. Second circuit.


Patrick H. Jewett Appointed March S, 1854-November 19, 1856.


Thomas M. Browne November 19, 1856-November 7, 1858.


Robert W. Weir November 7, 1858-November 7. 1860.


Ambrose M. Carlton November 7, 1860-November 7, 1862.


Thomas M. Browne. November 7, 1862-November 7, 18GG.


Robert W. Weir November 7. 1866-November 24, 1870.


Robert J. Shaw November 24, 1870-March 6, 1873.


The act of March 6, 1873, took Lawrence out of the Second and put it in the Tenth.


Jeremiah F. Pittman. _Appointed March 12, 1873-October 22, 1873.


J. W. Tucker October 22, 1873-October 22. 1875.


Robert W. Miers October 22, 1875; resigned October 23, 1878.


John R. East Appointed October 23, 1878-October 22, 1879.


Milton S. Mavity October 22, 1879-October 22, 1881.


Henry C. Duncan October 22, 1881-October 22, 1883.


Joseph E. Henley October 22, 1883-October 22, 1885.


Abram Noblett October 22, 1885-March 28, 1887.


Milton S. Mavity Appointed March 28, 1887-October 22, 1887. Simpson B. Lowe October 22, 1887-October 22, 1893.


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COURTS AND LAWYERS OF INDIANA


John E. Edmondson


October 22, 1893-October 22, 1897.


James A. Zaring


October 22, 1897-January 1. 1901.


Robert G. Miller


January 1, 1901-January 1, 1906.


Fred M. Fletcher


January 1, 1906-January 1, 1910.


John H. Underwood


January 1, 1910-January 1, 1912. The act of March 4, 1911, put Lawrence in the Fortieth.


Noble J. Hays


January 1. 1912-January 1, 1913.


John H. Underwood.


January 1, 1913-January 1, 1915.


Marshall Woolery January 1, 1915; term expires January 1, 1917.


MADISON COUNTY.


Madison county was organized by the Legislature on Jan- uary 4, 1820, but the county was not formally organized until July 1, 1823. Pendleton was selected as the first county seat in 1823, but it was too far from the center of the county to be satisfactory. Although the permanent county seat was located at Anderson, evidently it was once located at a town by the name of Bedford if the legislative act of January 4, 1827, is to be believed. This particular act gave Ansel Rich- mond, the county recorder and clerk, the right to keep his office at the house of Nathan Richmond until "lots shall have been sold in the town of Bedford, the seat of justice of said coun- ty." Bedford had evidently been chosen county seat of Mad- ison county as a result of the act of January 13, 1826, but evidence on this point is conflicting. It seems certain that Andersontown was chosen before anything was done at Bed- ford toward constructing a court house. The rapid growth of Andersontown, which was much nearer the center of the county, caused the citizens to apply to the Legislature for an act to relocate the county seat. The change from Bedford, or Pendleton, to Andersontown was made as a result of the act of January 24, 1827. The new site appears to have been chosen in 1828, but it was not until 1831 that the court house was ready for occupancy in the newly-chosen county seat. The name of the town was changed from Andersontown to Anderson by the legislative act of February 16, 1848. The court house, with most of the records, was destroyed by fire on December 10, 1880. A new building was at once ordered and it was ready for occupancy on February 21, 1885.


The first act under the 1852 Constitution regarding the


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THE COUNTY COURTS


judicial circuits of the state was passed on June 17, 1852. This act divided the state into ten circuits, placing Madison county in the Fifth circuit with the counties of Johnson, Hen- dricks, Marion, Hancock, Hamilton and Tipton. W. W. Wick, the first Judge of the circuit served from October 12, 1852, to January 12, 1854. Stephen Major was Judge from 1854 until it was changed by the act of February 22, 1859. This act organized the Seventh circuit with the counties of Madi- son, Hancock, Hamilton, Tipton and Howard. Joseph S. Buckles became the Judge of this circuit and continued to occupy the bench until the act of February 11, 1867, when the Seventeenth circuit was created out of the counties of Madison, Hamilton, Tipton and Howard. Henry A. Brouse, of Kokomo, was appointed Judge of this newly created cir- cuit on February 18, 1867, and served until the first regular election in the fall of 1867. At that time John Davis was elected, but he became incapacitated by reason of a stroke of paralysis and unable to discharge the duties of the office. The Legislature of 1871 passed an act on February 15, which pro- vided that in such a case the Governor should appoint a Judge pro tem to serve during the continuance of the disability, and, should the disability continue, the Judge so appointed should serve until the expiration of the term of the regularly elected Judge. By virtue of this statute, the Governor appointed James O'Brien, of Kokomo, who served until the act of March 6, 1873, united Madison and Hamilton in the Twenty-fourth circuit. The Governor appointed Winburn R. Pierse to the bench of the newly created circuit to serve until the November election of the same year. In November, 1873, Hervey Cra- ven was elected Judge of the Twenty-fourth and served until 1879, being succeeded by Eli B. Goodykoontz for a term of six years. David Moss ascended the bench in November, 1885, and served as Judge of the two counties (Madison and Ham- ilton) until the act of February 14, 1889. This act left Ham- ilton as the sole county of the old Twenty-fourth and continued Judge Moss on the Hamilton county bench. Governor Hovey appointed Marcellus A. Chipman as Judge of the newly creat- ed Fiftieth circuit, composed of Madison county alone. Judge Chipman served until the November, 1890, election, at which


842


COURTS AND LAWYERS OF INDIANA


time Alfred Ellison was elevated to the bench. There has been no change in the Madison county circuit since 1889.


ASSOCIATE JUDGES.


Samuel Holliday September 1, 1823.


Adam Winchell September 1, 1823.


Adam Winchell September 8, 1830, to serve seven years from Sep- tember 1, 1830.


Andrew Jackson September 8. 1830, to serve seven years from Sep- tember 1, 1830; resigned, January, 1832.


John Berry March 9, 1832 (special election), vice Andrew Jackson, resigned; John Berry resigned, July, 1832.


Charles Mitchell August 18, 1832 (special election), vice John Berry, resigned.


Abram Thomas August 11, 1837, to serve seven years from Sep- tember 1, 1837; removed from county, October, 1841.


William Prigg August 11, 1837, to serve seven years from Sep- tember 1, 1837.


Uriah Van Pelt December 1, 1841, to serve seven years from Sep- tember 1, 1837, vice Abram Thomas, removed.


Uriah Van Pelt August 17, 1844, to serve seven years from Sep- tember 1, 1844.


David Pickard August 17, 1844, to serve seven years from Sep- tember 1, 1844; died between March and August, 1849.


George Milspaugh August 6, 1846, to serve seven years from Septem- ber 1, 1944.


John W. Walker September 3, 1849, to serve seven years from Sep- tember 1, 1844, vice David Pickard, deceased.


John W. Walker August 20, 1851.


PROBATE JUDGES.


James Scott August 8, 1829.


Thomas Silver August 22, 1831.


Palmer Patrick September 28, 1837, appointed vice Thomas Silver, resigned.


James Scott August 11, 1838; died September, 1838.


John H. Cook September 29, 1838, vice James Scott, deceased.


Enos B. Wright August 9, 1839; resigned, March, 1840.


Neal Hardy March 20, 1840, appointed, vice Enos B. Wright; resigned.


William H. Mershon August 12, 1840.


William H. Mershon August 18, 1847; filed resignation June 9, 1850. James N. Starkey July 6, 1850, vice William H. Mershon, resigned.


843


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-Ocetober 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 1860-62.


Daniel W. Comstock


1862-64.


James D. Martindale. .1864-66.


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 Sauuders _1872-73.


William W. Wick 1 PRESIDENT JUDGES.


July 1. 1823-January 20, 1835, resigned. Fifth 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-January 15, 1841. The act of January 15, 1841, put Madison in the Eleventh.


David Kilgore January 15, 1841-January 30, 1846.


Jeremiah Smith January 30, 1846-October 12, 1852. CIRCUIT JUDGES.


William W. Wick. October 12. 1852-January 12. 1854. Fifth circuit. Stephen Major January 12, 1854-February 1, 1859. The act of February 1. 1859, put Madison in the Seventh.


Joseph S. Buckles February 1, 1859-February 11, 1867. Judge Buckles had been on the bench in the Seventh since October 26, 1858. The act of February 11, 1867 put Madison in the Seventeenth with Ham- ilton.


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 Madison in the Twenty- fourth.


844


COURTS AND LAWYERS OF INDIANA


Winburn R. Pierce Appointed March 29, 1873-October 19, 1873.


Harvey Craven October 19, 1873-October 19. 1879.


Eli B. Goodykoontz. October 19, 1879-October 19, 1885.


David Moss


October 19. 1885-February 14, 1889. The act of February 14, 1889, made Madison the sole county in the newly created Fiftieth, where it has since remained, and authorized the governor to appoint a judge for the new circuit.


Marcellus A. Chipman_ Appointed February 22, 1889-November 12, 1890.


Alfred Ellison November 12, 1890-November 12, 1896.


John F. MeClure November 12, 1896-November 12, 190S.


Charles K. Bagot November 12, 1908-November 12, 1914.


Luther Pence November 12, 1914; term expires November 12, 1920.


PROSECUTING ATTORNEYS.


Harvey Gregg Angust 9, 1824-August 9, 1825. Fifth circuit.


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


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


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


William J. Peaslee Appointed April 13, 1839-January 15, 1841. The act of January 15. 1841, put Madison in the Eleventh.


Jeremiah Smith January 15, 1841-December 15. 1841.


John M. Wallace December 15, 1841-November 14, 1843, resigned.


John Davis Appointed November 14, 1843-September 7, 1846.


Joseph S. Buckles September 7, 1846-September 7, 1848.


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, put Madison in the Seventh.


David Nation February 1, 1859-October 31. 1859.


David Moss October 31, 1859-November 12, 1861.


John A. Harrison


November 12, 1861-November 12. 1865.


Lemuel G. Gooding November 12, 1865-February 11, 1867. The act of February 11, 1867, put Madison in the Seventeenth.


Nicholas Van Horu Appointed February 18, 1867-October 25, 1867.


William O'Brien October 25, 1867-October 24. 1870.


James F. Elliott October 24, 1870-March 6, 1873. The act of March


6, 1873, put Madison in the Twenty-fourth.


845


THE COUNTY COURTS


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.


F. 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. 18SS.


David W. Patty.


November 17, 18SS-February 14, 1889. The act of


February 14, 1889, made Madison the sole county in the newly created Fiftieth where is has since remained.


David W. Wood. Appointed February 23, 1889-November 12. 1890.


Albert C. Garver November 12, 1890-November 12, 1892.


Bartlett H. Campbell November 12. 1892-November 12, 1894.


Daniel W. Scanlon November 12. 1894-November 12. 1898.


William F. Edwards November 12, 1898-January 1, 1901.


Albert H. Vestal January 1, 1901-January 1. 1907.


Frederick Van Nuys. January 1, 1907-January 1, 1911.


Jesse C. Shumau.


Jaunary 1, 1911-January 1, 1915.


Sparks L. Brooks January 1, 1915; term expires January 1, 1917.


SUPERIOR COURT JUDGES.


A Superior court was established in Madison county with the act of February 27, 1895, and has been in continuous ope- ration since that date. Upon the creation of the court the Governor appointed William S. Diven as the first Judge to serve until his successor was elected and qualified at the first regular election following the appointment. Henry C. Ryan was the first elective Judge,of the Superior court of the coun- ty. The successors of Judge Ryan have been as follows: Cassius M. Greenlee, H. Clarence Austill and the present in- cumbent, Willis S. Ellis.


MARION COUNTY.


The organization of Marion county was effected by the legislative act of December 31, 1821, the act requiring the organization to be completed by April 1 of the following year. The citizens of Indianapolis had held a meeting in the early part of November, 1821, to discuss the organization of a county and at this meeting James Blake and Dr. S. G. Mitch- ell were appointed a committee to go to the Legislature, which


846


COURTS AND LAWYERS OF INDIANA


was to meet the same month at Corydon, and ask for the passage of an act authorizing the formal organization of the county. The Legislature responded by passing an act on the last day of the year, as above stated. The act provided for the erection of a two-story brick court house, which the state should be allowed to use until it erected a capitol building. For this purpose the state appropriated the sum of eight thousand dollars, with the understanding that the court house was to be used by the state forever for federal and state courts and for fifty years as a meeting place for the Legislature, if the state so desired. It was not known at that time how long it would be before the state would be able to provide a state house and, in fact, it was not until 1835 that a capitol build- ing was ready for occupancy.


The sessions of the court were ordered held at the house of Gen. John Carr pending the erection of the court house. Marion was made a part of the Fifth judicial circuit, which, in 1822, included the counties of Marion, Monroe, Owen, Green, Morgan, Lawrence, Rush, Hendricks, Decatur, Bar- tholomew, Shelby and Jennings. The first President Judge of the circuit was William W. Wick and he presided over the first session of the circuit in Marion county on September 26, 1822. His Associate Judges were James McIlvain and Eliakim Harding, both of whom had been commissioned by the Governor on April 8, 1822. After the court was organ- ized at the double-log cabin of General Carr, it adjourned to meet at the house of Jacob R. Crumbaugh, located on the southwest corner of Market and Missouri streets. On this first day the court appointed Calvin Fletcher as prosecuting attorney and he served in this capacity until November 8, 1823. There were thirteen lawyers present at the first session of the court and five of them were residents of the county. The second session of the Circuit court met on May 5, 1823, at General Carr's house and then adjourned to Henderson's tavern. The third session (November 3, 1823) again met at the house of Carr-the act organizing the county requiring this-but at once adjourned to the house of Harvey Gregg for the transaction of business. The fourth session (April 12, 1824) adjourned from Carr's house to that of John John-


847


THE COUNTY COURTS


son. The fifth session (October 11, 1824) found the court house nearly completed and after the court had been convened at the house of Carr, it adjourned to meet in the partially com- pleted building. For nearly fifty years the court continued to hold its regular sessions in the old brick court house. Dur- ing the erection of the present court house the sessions of the court (May, 1870-July, 1876) were held in a large two-story building on the west side of Delaware street opposite the court house.


It might be mentioned in this connection that the old court house was practically the only public building in town from 1825 to 1835, when the first state house was ready for occu- pancy. During this decade it was used by the state for leg- islative and court purposes, and the United States court also held its sessions here. The Legislature appropriated five hun- dred dollars in 1827 to build a small double-room brick build- ing at the west entrance of the court house square for the use of the clerk of the Supreme court and in this building Henry P. Coburn had charge of affairs until 1850. This building was torn down in 1855 and the clerk's office was removed to the state house. The present court house cost $1,422,371.79. The past few years have witnessed an agita- tion to tear down and either rebuild on the same site or move the location to another part of the city.


An act of the Legislature, passed December 31, 1821, the same day the county was organized, attached Marion county to the Fifth circuit with Lawrence, Morgan, Monroe, Owen, Green, Rush, Decatur, Bartholomew, Shelby and Jennings. On January 14, 1824, the Legislature redistricted the whole state and Marion was left again in the Fifth circuit (there were only five circuits in the whole state) with Morgan, John- son, Shelby, Bartholomew, Decatur, Rush, Henry, Madison, Hamilton and Hendricks. \ The next act changing the judicial circuits of the state was passed on January 20, 1830. This act divided the state into seven judicial circuits, leaving Ma- rion county in the Fifth with Hendricks, Morgan, Johnson, Bartholomew, Shelby, Hancock, Madison and Hamilton. The act of February 10, 1831, attached Grant county to the Fifth circuit. The next change was made with the act of February




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