USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 41
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CRIMINAL COURT.
The Marion county Criminal court came into existence as a result of the legislative act of December 20, 1865, which pro- vided for the establishment of Criminal courts in all counties of the state having at least ten thousand voters. Pursuant to this act, a Criminal court was at once established in Marion county and within the next four years eight other counties were provided with such a court. Allen, Tippecanoe and Wayne established criminal courts in 1867; Vanderburg in 1868; Vigo, Jefferson and Floyd-Clark Criminal courts in 1869. All of the Criminal courts outside of Marion county have long since been abolished, the history of these several courts being given in the various counties in which they were established.
The constitutionality of the act establishing a Criminal court was attacked, but the act was upheld by the Supreme court of the state. Governor Morton, on December 27, 1867,
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appointed George H. Chapman as the first Judge of the newly organized court in Marion County and on the same day ap- pointed William W. Leathers as prosecuting attorney for the court. The Judges of the Criminal court since the time of its organization are as follow :
George H. Chapman. Appointed December 27, 1867-October 24. 1870.
Byron K. Elliott. October 24, 1870-November 16, 1872.
Charles H. Test November 16, 1872-October 22, 1874.
Edward C. Buskirk
October 22, 1874-October 23, 1878.
James E. Heller October 23, 1878-October 24, 1886.
Pierce Norton October 24, 1882-November 15, 1886.
Albert F. Ayres.
November 15, 1886-January 18, 1887.
William Irwin
January 18. 1887-November 15, 1809.
Millard F. Cox
November 15, 1890-November 15, 1894.
John Franklin MeCray_November 15, 1894-November 15, 189S. Fremont Alford
November 15, 1898-November 17, 1906.
James A. Pritchard November 17, 1906-November 17, 1910.
Joseph T. Markey November 17, 1910-January 1, 1915.
James A. Collins Jannary 1, 1915; term expires January 1, 1919.
The Criminal court of Marion county now has been in continuous operation for more than fifty years and during that time many changes have been made in handling the cases which come before it for disposal. Efficient as the court has become, there is still room for improvement, and Judge James A. Collins, the present incumbent of the office, in his annual report for 1915, has given to the public a number of recommendations, which, if enacted into suitable legislation, will render the court a more useful body. In his annual re- port for 1915 Judge Collins suggests five changes for the improvement of the court. Briefly summarized, they are as follows :
1. An amendment to the suspended sentence law that will give the Judge power to appoint a probation officer to have supervision over all persons released either on a sus- pended sentence or in cases where sentence is withhheld.
2. A law which will provide for medical examination and supervision of defectives.
3. A parole law for misdemeanants committed to the Indiana state penal farm.
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4. The abolishment of the minimum term, and provision made that all persons convicted of felony shall be eligible for parole within the first year of their incarceration, excepting for the crimes of murder, arson, burglary, rape, treason and kidnapping.
5. An adequate salary for the attorney for the poor. The present salary is six hundred dollars, and this should be increased to twelve hundred dollars. The attorney for the poor should be required to give all of his attention to the cases assigned to him. The public should have as much at stake in the proper defense of its delinquents as it has in their prosecution.
At the beginning of 1915 Judge Collins appointed Dr. Earl B. Rinker assistant bailiff of the court and gave him in- structions to make examinations and report to the court as to the physical condition of all persons charged with crime and held in custody at the county jail. Dr. Rinker found that about sixty per cent. of the persons examined were far below normal. Judge Collins recommmends the abolishment of the Marion county workhouse. As a matter of fact, only one per- son was committed to the workhouse in 1915 after the open- ing of the state penal farm on April 12.
During 1915 there were only fifteen changes of venue taken, the most important of them being the cases involving election frauds. These cases were tried before Judge William H. Eichhorn, of the Wells and Blackford circuit. One defend- ant was tried and acquitted after a trial lasting nearly two months.
When Judge Collins took the bench on January 1, 1915, there were 329 cases pending in the court. In the course of the year there was a total of 1,969 cases filed, making 2,278 cases to be tried. Two thousand four hundred and fourteen defendants were involved in these cases; 1,523 cases were dis- posed of, and 554 transferred to the term beginning January 1, 1916. The disposition of these cases shows that 355 per- sons were committed to penal institutions and two were sen- tenced to death; eight cases were appealed to the Supreme court of Indiana and of these, six were still pending on Janu-
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COURTS AND LAWYERS OF INDIANA
ary 1, 1916. Of the two appeals passed on, one was affirmed and the other reversed. Judgment was suspended in forty- four cases and judgment withheld in eighty-four. Of the judgments suspended in 1914, three were revoked in 1915 and the defendants committed to penal institutions. In no instance where the judgment was withheld was a single defendant brought before the court for any subsequent offense. A total of eighty-one defendants arrested and held in jail to await the action of the grand jury were released on their own recognizance and in only two instances was the confidence of the court violated.
EXPENDITURES FOR JUDICIAL PURPOSES IN 1915.
Marion county supports nine courts, namely : One Cir- cuit court, one Juvenile court, one Criminal court, one Probate court and five Superior courts. For the maintenance of these nine courts the county expended $120,399.87 in 1915. The Criminal court cost the county nearly a third of this amount and the Juvenile court came next in order of expenditure. It is very evident that the cost of the Criminal court should be the most, since it handles by far the largest number of cases and keeps a grand jury on duty practically the entire year. No less than 1,959 cases were filed in the Criminal court in 1915, the previous year leaving 329 additional cases on the docket. The new cases filed in 1915 involved more than 2,200 persons. In the other courts, excepting the Probate court, the average number of cases filed during the year total about 800. The number of cases in the Probate court is large be- cause of the many small cases filed for settlement. The item- ized costs of the various county courts for 1915 follow: Criminal court, $43,536.32; Juvenile court, $17,419.85; Pro- bate court, $10,167.25; Circuit court, $7,984.40; Superior court, Room 1, $8,383.94; Superior court, Room 2, $8,503.67; Superior court, Room 3, $8,370.44; Superior court, Room 4, $8,282,10; Superior court, Room 5, $7,751.90.
MARSHALL COUNTY.
Marshall county was organized by the Legislature, Febru- ary 4, 1836, and began its career as an independent county
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on the 1st of the following April. Plymouth was chosen the county seat by the locating commissioners and no other town in the county has ever been considered for the honor. The first Circuit court met on October 25, 1836, with Samuel C. Sample as President Judge and Peter Schroeder and Sidney Williams as Associate Judges. These three, together with Joseph L. Jernegan, the prosecuting attorney, constituted the first judicial body which met in Marshall county. The first session was held at the house of Grove Pomeroy and con- tinued two days. The first attorney to be admitted to the local bar was Gustavus A. Everts, who, strange to say, himself made the motion for his own admission to the bar.
ASSOCIATE JUDGES.
Peter Schroeder April 29, 1836, to serve seven years from date.
Sidney Williams. April 29, 1836, to serve seven years from date; resigned, October, 1838.
David Steel January 2. 1839 (special election), vice Sidney Williams (resigned), to serve seven years from April 29, 1836.
David Steel Angust 12, 1842, to serve seven years from April 29, 1843.
Samuel D. Tabor Angust 12. 1842, to serve seven years from April 29, 1843.
David Steel August 21, 1849, to serve seven years from April 29, 1850.
Elias Jacoby August 21, 1849, to serve seven years from April 29, 1850.
PROBATE JUDGES.
Grove Pomeroy August 27. 1836, to serve seven years from date.
Gilson S. Cleveland August 17, 1840
Austin Fuller August 14, 1843.
James A. Coarse
September 4, 1850.
COMMON PLEAS JUDGES.
Elisha Egbert 1852-70; died in office.
Edward J. Wood. Appointed 1870-72.
Daniel Noyes 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Horace Corbin 1852-54. resigned.
James L. Foster Appointed February 10, 1854.
Joseph Henderson 1854-56.
Andrew Anderson
1856-57, resigned.
Charles H. Reeve Appointed November 12, 1857.
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COURTS AND LAWYERS OF INDIANA
Reuben L. Farnsworth_ Appointed December 31, 1857-58.
Amasa Johnson 1858-60, resigned.
Charles P. Jacobs 1860-62.
William Andrews 1862-68.
Joseph B. Arnold.
1868-70, resigned.
Orville T. Chamberlain. Appointed July 15, 1870.
William B. Hess.
1870-72.
George Ford 1872-73.
PRESIDENT JUDGES.
Gustavus A. Everts April 1, 1836-July 5, 1836, resigned. Eighth circuit. Samuel C. Sample. Appointed July 5, 1836-August 8, 1843, resigned. The act of Deceber 10, 1836, put Marshall in the newly created Ninth and Sample was transferred with it.
John B. Niles. Appointed August 8, 1843-December 1, 1843. Eben. M. Chamberlain_December 1, 1843; resigned in August, 1852.
Robert Lowry. Appointed August 28, 1852-October 12, 1852.
CIRCUIT JUDGES.
Thomas S. Stanfield. _ October 12, 1852; resigned February 23, 1857. Ninth circuit.
Albert G. David. Appointed February 23, 1857-November 17, 1857.
Andrew L. Osborn November 17, 1857-October 24, 1870.
Thomas S. Stanfield October 24, 1870-March 6, 1873. The act of March 6, 1873, put Marshall in the newly created Thirty- third.
Elisha V. Long Appointed March 17, 1873-March 9, 1875. The act of March 9, 1875, put Marshall in the newly created Forty-first with Fulton, where they have since remained.
Horace Corbin Appointed March 9, 1875-October 24, 1876.
Sidney Keith. October 24, 1876-November 15, 1882.
Jacob S. Slick. November 15, 1882-March 8, 1883, resigned.
William B. Hess. Appointed March 8, 1883-November 14, 1884.
Isaiah Conner November 14, 1884-November 14. 1890.
Albertus C. Capron November 14, 1890-November 14, 1902.
Harry Bernetha November 14, 1902-November 14, 1914.
Smith N. Stevens November 14, 1914; term expires November 14, 1920.
PROSECUTING ATTORNEYS.
Samuel C. Sample April 1, 1836-July 5, 1836, resigned. Eighth circuit. Joseph L. Jernegan Appointed July 5, 1836-August 15, 1838, resigned. The act of December 10, 1836, put Marshall in the Ninth and transferred Jernegan from the Eighth to the Ninth. John B. Niles Appointed August 15, 1838-December 7, 1838.
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William C. Hanna ___ December 7, 1838-December 15, 1842.
Eben. M. Chamberlain_ December 15, 1842-September 19, 1843, resigned. Reuhen L. Farnsworth_ September 19, 1843-April 13, 1846, removed from state.
Johnson Horrell Appointed September 19. 1845; failed to file with secretary of state his bond and oath of office. His commission returned April 28. 1846, Farnsworth not vacating his office.
James Bradley
Appointed April 13, 1846-August 25, 1846, vice Farnsworth. removed from state, and Horrell, who failed to file with secretary of state his bond and oath of office.
Joseph H. Mather Appointed August 25, 1846-August 25, 1848.
James S. Frazer August 28, 1851-October 12, 1852.
D. J. Woodward. October 12, 1852-November 7, 1854. Ninth circuit.
Morgan H. Weir November 7. 1854-October 3, 1856, resigned.
Reuben L. Farnsworth_ Appointed October 3, 1856-October 30, 1856.
Mark S. Dumont. October 30, 1856-November 15, 185S.
William B. Biddle November 15, 1850-November 15, 1860.
David T. Phillips
November 15, 1860-November 15, 1864.
Aaron G. Guiney November 15, 1864-November 15, 1866.
William H. Calkins.
November 15, 1866-November 15, 1870,
Michael L. Essick
November 15, 1870-November 15, 1872.
Thomas I. Wood
November 15, 1872-October 26, 1×74. The act of March 6. 1873. put Marshall in the newly created Thirty-third, and transferred Wood to the Thirty- third from the Ninth.
Perry O. Jones
October 26. 1874-October 24, 187S. The act of March 9, 1875, put Marshall in the newly created Forty-first with Fulton, where they have since re- mained. This act transferred Jones from the Thirty-third to the Forty-first.
Baron D. Crawford October 24, 1878-November 17, 1882.
Elijah B. Martindale __ November 17. 1882-November 17, 1SSG.
Charles P. Drummond_ November 17, 1886-November 17, 1890.
Smith Ney Stevens November 17, 1890-November 17, 1894.
J. K. Houghton November 17. 1894-November 17, 1896.
Harry Bernetha November 17. 1896-January 1, 1901.
Arthur Metzler January 1, 1901-January 1, 1901.
Samuel J. Hayes January 1, 1905-January 1, 1907.
John A. Molter January 1, 1907-January 1, 1909.
Henry L. I'nger January 1, 1909-January 1. 1913.
Delph L. MeKessen January 1, 1913; term expires January 1, 1917.
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COURTS AND LAWYERS OF INDIANA
MARTIN COUNTY.
Martin county was organized by an act of the Legislature, January 17, 1820, and the act went into effect on the first of the following month. Martin county holds the record for the greatest number of county seat changes. It seems that the citizens of the county have been hard to satisfy. When they failed to change the location of a county seat, they did the next best thing, and changed the name of the town where the county seat was located. No less than three times has the name of the county seat been changed. The first town to have the honor was Hindostan, and here the contract for a $4,185 court house was let to Benjamin Adams on June 5, 1820. This building was not yet completed when the county seat was changed. Dissatisfaction with Hindostan led to the legisla- tive act of January 24, 1828, which authorized five commis- sioners, named in the act, to meet at Hindostan, March 14, 1828, to select a new county seat. Four of these commission- ers, William Hoggatt, Simon Morgan, John Murphy and Friend Spiers, met at the appointed time and, after due delib- eration and consideration, chose Mount Pleasant. This town was about two miles north of Hindostan on the west side of the East Fork of White river. On July 7, 1828, it was ordered that the county clerk and treasurer remove their offices to Mount Pleasant immediately. The board of commissioners met for the first time at the new seat of justice on Septem- ber 1, 1828.
But Mount Pleasant was too far from the center of the county to give general satisfaction, especially, since the coun- ty gained rapidly in population in the next fifteen years. The friends of relocation had sufficient influence by 1844 to get the Legislature on January 13 of that year, to pass an act providing for relocation. The locating commissioners were ordered to meet at Dougherty's Shoals on the first Monday of March, 1844. They were restricted by the Legislature from selecting any site more than three and one-half miles from the center of the county. On March 8, they reported to the Martin county board of commissioners that they had located the new seat of justice at Halberts Bluffs, and that land had
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been donated there for the county seat by Clement Horsey. This third county seat was located at the present site of Shoals on the west side of the river. The site was at once platted by Mason J. Sherman and the plat was recorded May 29, 1844, under the name of Memphis. For some reason, which has not been ascertained, there was so much dissatisfaction with the new site that the whole town site was sold back to the donor before the summer was over and before any county buildings were erected. It is not certain that court was ever held at Memphis; it is certain that some time during the fall of 1844 the county seat was removed to Harrisonville, near the site of Trinity Springs.
Four towns had in turn been the county seat up to this time, and yet the citizens were not satisfied. Again the Leg- islature was called upon and for the third time passed an act to relocate the Martin county seat. This act of January 11, 1845, provided for an election to be held the first Monday in March following to settle the question of relocation. The re- sult of the election has not been ascertained, but it is certain that it was voted to relocate. The legislative act further pro- vided that if a majority should be in favor of relocation, a second election should be held on the first Monday of April, 1845, to select one commissioner from each of the townships in the county to relocate the seat of justice. This second elec- tion was hold at the appointed time and on May 2, 1845, the commissioners so elected met at Harrisonville, and reported to the county commissioners that on April 30, 1845, they had located the county seat in section 1, township 3 north, range 4 west. The new site was located "within one mile and a half of the geographical center of the county," pursuant to the recommendation of the legislative act. The land for the new seat of justice was donated and immediately platted un- der the name of Hillsborough. But although the citizens seemed satisfied with the new location, they soon tired of its name, and were not quieted until the legislative act of Febru- ary 11, 1848, changed it to Dover Hill.
According to the provision of the legislative act, the coun- ty seat was temporarily located at Mount Pleasant while the county buildings were being built at Hillsborough. The first
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COURTS AND LAWYERS OF INDIANA
meeting of the county board of commissioners was held in the new court house at Hillsborough on September 7, 1846. But the end was not yet. Harrisonville had been seriously con- sidered for the county seat several times, and from the best evidence at hand, the seat of justice had been taken there from Memphis in the fall of 1844, and had remained there until the act of January 11, 1845, ordered it removed to Mount Pleasant pending the erection of the county buildings at Hills- borough. The Harrisonville advocates had sufficient influence to get the Legislature to pass an act on February 13, 1851, providing for a referendum on the subject. The act was not passed without the Dover Hill adherents making a strenuous opposition, the act stating that "remonstrances of sundry other citizens of said county have been presented to the Gen- eral Assembly remonstrating against the removal of the said county seat." The act left the power of calling the election to the board of commissioners and the record shows that they refused to call the election.
For fifteen years the county seat question lay dormant, but the fact that Dover Hill was three miles from a railroad finally brought its downfall as a county seat. The Ohio & Mississippi railroad was built through the county from east to west in 1856, and as the citizens saw the great advantage of having their county seat on the railroad, an agitation was started to make the sixth change. The legislative acts of March 2, 1855, and December 22, 1858, had placed the power of making county seat changes largely in the hands of the county commissioners. These acts provided for a change up- on the petition of two-thirds of the citizens of the county. On September 7, 1866, such a petition was presented to the commissioners praying for the removal of the county seat from Dover to Memphis. Memphis had been selected as the county seat in 1844, only to lose the honor the same year. Now, however, the new railroad ran through the place, and this fact, together with its central location on the East fork of White river, made it the most desirable site in the county. There must have been some shrewd wire pulling about this time, for a year later, on September 23, 1867, the board of commissioners ordered the county seat moved-not to Mem-
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phis-but to the town of Loogootee, then the largest town by far in the county. It was on the railroad, but only two and a half miles from the western line of the county. Evidently a vigorous protest was registered by the rest of the county for the order to move was rescinded before any work had been done toward making the change.
Now followed a bitter four-cornered fight, during which at one time an order was issued locating the county seat at Harrisonville. No action was taken, however, and finally, as a compromise measure, on December 11, 1869, the county seat was located on the west side of White river at Memphis. Some one suggested changing the name of the town when it was rechartered and the eighth county seat of Martin county opened for business on July 4, 1871, at the newly christened town of West Shoals. On April 27, 1876, the court house was destroyed by fire and, pending the erection of a new building". the offices were moved across the river to Shoals. A few years ago the boundaries of West Shoals were dissolved and the. boundaries of Shoals extended to take in that territory, thus; placing the county seat at Shoals.
The act organizing the county provided that the first ses- sion of the Circuit court should convene at the house of Jo- seph D. Clements in the town of Hindostan. The first session convened at the house of Clements on Friday, March 17, 1820, with Jonathan Doty, President Judge, and Ezekiel Porter and Frederick Sholtz, Associate Judges, on the bench. The Pro -- bate court of Martin county held its first session at the house of Joseph D. Clements in April, 1820, with Associate Judges Ezekiel Porter and Frederick Sholtz on the bench.
ASSOCIATE JUDGES.
Frederick Sholtz March 20, 1820; resigned. June, 1821.
Ezekiel Porter
March 20. 1820.
George Mitcheltree
August 27. 1821, vice Frederick Sholtz, resigned.
James Prentiss March 5, 1822, vice George Mitcheltree, deceased. Removed from county, August, 1825.
Ezekiel Porter Died.
James Foiles
December 17. 1823. vice Ezekiel Porter, deceased.
Isaac Smith December 27, 1825 (special election), to serve to
March 20, 1827, vice James Prentiss, removed.
Lyman G. Austin February 5, 1827, to serve seven years from March 20, 1827 ; resigned, October, 1832.
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COURTS AND LAWYERS OF INDIANA
William Harris February 5, 1827, to serve seven years from March 20, 1827.
Daniel Brown February 28, 1833 (special election), to serve seven years from March 20, 1827.
Thomas Evans August 19, 1833, to serve seven years from March 20, 1834; died, October, 1834.
Daniel Brown August 19, 1833, to serve seven years from March 20, 1834.
John Reily January 16, 1835, vice Thomas Evans (deceased), to serve seven years from March 20, 1834.
Allison Henderson August 18, 1836, vice John Reily (resigned), to serve seven years from March 20, 1834.
Earl Douglass August 16, 1838, to serve seven years from March 20, 1834.
Allison Henderson August 17, 1840, to serve seven years from March 20, 1841; died, December, 1841.
Thomas Gootee March 21, 1842 (special election), vice Allison Henderson (deceased), to serve seven years from March 20, 1841. Thomas Gootee resigned, June, 1845.
James S. Wood August 21, 1845, to serve seven years from March 20, 1841, vice Thomas Gootee, resigned.
James S. Wood August 18, 1847, to serve seven years from March 20, 1848.
Thomas H. Davis August 18, 1847, to serve seven years from March 20, 1848.
PROBATE JUDGES.
Rufus Brown August 20, 1829.
James W. P. Love. August 19, 1833, to serve seven years from date.
James W. P. Love. July 16, 1841, appointed vice Cager Peck, resigned ;
no mention is made in record of a commission issued to Cager Peck.
James W. P. Love August 13, 1841, to serve seven years from date.
Thomas Gootee March 18, 1848, appointed.
Darwin A. Clark August 24, 1848.
COMMON PLEAS JUDGES.
R. A. Clements, Sr. 1852-66, resigned.
James C. Denny Appointed May 21, 1866-November 12, 1866.
R. A. Clements, Sr. 1866-67.
W. Ray Gardner Commission issued October 22, 1867, declined to accept.
James T. Pierce. 1867-73.
DISTRICT PROSECUTING ATTORNEYS.
James H. McConnell 1852-51.
Clark M. Anthony 1854-55, resigned.
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Henry S. Canthorn Appointed July 2. 1855-56, resigned.
J. W. Burton
Appointed March 29, 1856.
William H. Donahey. _ 1856-58.
Oliver T. Baird
1858-60, resigned.
Noah S. Given Appointed March 27, 1860-62.
James T. Pierce 1862-66.
Samuel H. Taylor 1866-70.
Europe F. Littlepage 1870-72, resigned.
Frank B. Posey Appointed March 19, 1872.
Charles .H. McCarty 1872-73.
PRESIDENT JUDGES.
Jonathan Doty February 1, 1820-March 7. 1822. First circuit.
Jacob Call March 7. 1822-July 28. 1824, resigned.
John R. Porter Appointed July 28. 1824-January 20, 1830. The
act of January 20, 1830, put Martin in the Seventh.
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