USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 44
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In March, 1857, orders were issued for advertising for bids to erect either a combined court house and jail, or each to be built separately, the total cost not to exceed thirty thousand dollars. The contract was awarded to Perry M. Blankenship at about that price, the jail and court house to be built to- gether. The building was completed in 1859, at a cost of
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about thirty-two thousand dollars. On March 31, 1876, the records of the county in the offices of the clerk and auditor were largely consumed by fire, supposed to have been done by some rascally official to conceal the evidences of his defalca- tions or other crimes.
The first session of the Morgan Circuit court convened at the house of Jacob Cutler, on March 25, 1822, with Judge William W. Wick in the chair. He presented his commission from Governor Jennings constituting him President Judge of the Fifth judicial district for the period of seven years from January, 1822. On this commission was the following in- dorsement :
State of Indiana, Third Judicial Circuit :
Be it remembered that on the 12th day of February, A. D. 1822. per- sonally appeared before me. Miles C. Eggleston. President Judge of the virenit aforesaid, the within named William W. Wick, who, being duly sworn according to law, took the following oaths, to-wit: That he will support the Constitution of the United States, and of the State of Indiana; and that he will, to the best of his ability and judgment, discharge the duties of his office as President Judge of the Fifth Judicial circuit of the state aforesaid faithfully; and that he has not since the 1st day of Jan- uary, 1819, either directly or indirectly, knowingly given, accepted or car. ried a challenge to any person in or out of the said state, to fight in single comhat with any deadly weapon; and that he will not knowingly give, accept or carry a challenge to any person or persons to fight with any deadly weapon in single combat. either in or out of the state, during his continuance in his said office.
John Gray and Jacob Cutler produced their commissions as Associate Judges. Court was then declared open. The first business transacted was the adoption of a seal for the court, an impression of which was made on the record of the court. Hiram M. Curry, Craven P. Hester and Calvin Fletcher were admitted to practice as attorneys at the court. Fletcher was appointed prosecuting attorney. The first suit was a case in chancery, Jacob Cutler vs. J. M. Cox.
The second session was opened at the house of Jacob Cutler on September 23, 1822, with John Gray and Jacob Cutler Associate Judges. When it was known that a place for hold- ing court had been prepared at Martinsville, the new county seat, the Judges ordered an adjournment of the court to the
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COURTS AND LAWYERS OF INDIANA
house of George H. Beeler, in the town of Martinsville. Daniel B. Wick and James Whitcomb were admitted to the bar.
The third term of court convened at the court house in Martinsville, on April 1, 1823, before Judge Wick, and John Gray and Jacob Cutler, Associate Judges. . Cephus D. Morris, Harvey Gregg, John Adams, Breckenridge Smith, Bethuel F. Morris, Elkin Naylor and Isaac Naylor were admitted to the bar. Thirty cases came before the court at this session, the greater number being for assault and battery. J. A. Brecken- bridge was appointed prosecuting attorney, vice Fletcher, who was in ill health.
The October session, 1823, was held at the house of G. H. Beeler. Judges Wick, Gray and Cutler were present. Edgar A. Wilson and Daniel Goodwin were admitted to the bar. In March, 1824, the court convened at the court house. Gabriel J. Johnson and Hiram Brown were admitted to the bar. In 1823 Edgar A. Wilson was admitted, also Daniel Goodwin; Hiram Burris in 1824; T. F. G. Adams, Michael G. Bright and Philip Sweetzer, 1824; James Braman, Andrew C. Griffith, W. W. Wick and Hiram Brown and Henry Hurst in 1825; Henry P. Coburn, James Forsee, Benjamin Bull and William Herod in 1826; James Morrison in 1829; Tighlman A. Howard in 1831; G. F. Waterman and W. O. Ross, 1832; Ovid Butler, 1835; John Hutchen and Mason Hutlett in 1837; Harvey Brown, 1838; Henry Seacrest and Algernon S. Briggs, 1839.
The first session of the Probate court was begun at the house of George A. Preston on May 2, 1822, before Jacob Cutler and John Gray, Associate Judges of the Circuit court, who proceeded to appoint Jonathan Watkins as county com- missioner to fill the vacancy occasioned by the resignation of Larkin Reynolds. No other business was transacted at this session. The first Probate court held at the court house was in September, 1825. Probate business was done by the Asso- ciate Judges of the Circuit court until 1829, at which time the first Probate Judge, John Matthews, took charge of the court.
ASSOCIATE JUDGES.
Jacob Cutler March 13, 1822; resigned March, 1827.
John Gray March 13, 1822; resigned November, 1824.
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Samuel Reed December 2, 1834, vice John Gray, resigned. Sam- uel Reed removed from county November, 1826.
Jared Olds. January 12. 1827, vice Samuel Reed, resigned.
James Burns May 5, 1827, vice Jacob Cutler, resigned.
James Burns August 14, 1828, to serve seven years from March 15, 1829.
Hiram Matthews August 14, 1828, to serve seven years from March 15, 1829.
Jonathan Huffman August 12, 1834, vice James Burns (resigned), to serve seven years from March 15, 1829.
Jesse S. Rooker August 1 1,1835, to serve seven years from March 15, 1836.
Jonathan Huffman August 11, 1835, to serve seven years from March 15, 1836; removed from county January, 1842.
George Miller August 5, 1842 (special election), vice Jonathan Huffman, removed from county.
Jesse S. Rooker. August 6, 1842, to serve seven years from March 15, 1843; died August, 1843.
Thomas MeClure August 6, 1842, to serve seven years from March 15, 1843.
Hiram Matthews November 1. 1843, vice Jesse S. Rooker (resigned), to serve seven years from March 15, 1843.
William Landers August 22, 1849, to serve seven years from March 15, 1850.
Hiram Matthews August 22, 1849, to serve seven years from March 15, 1850.
PROBATE JUDGES.
John Matthews August 18, 1829; resignation filed August 17, 1833.
Benjamin Bull August 17, 1833, appointed to serve until first Mon- day in August, 1834.
Solomon Durregan
August 7, 1834, to serve seven years from August
1, 1834.
Hiram Matthews August 10, 1838.
Algernon S. Griggs
August 7, 1841.
George F. Waterman July 3, 1844, appointed vice Algernon S. Griggs
(resigned), to serve until August election, 1844.
George F. Waterman
August 17, 1844.
John W. Richards August 19, 1846. to serve seven years from date.
COMMON PLEAS JUDGES.
William G. Quick 1852-56. George A. Buskirk 1856-64.
Oliver J. Glessner 1864-68.
Thomas W. Woollen 1868-70, resigned.
Richard L. Coffee. Appointed October 15, 1870-73.
(57)
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COURTS AND LAWYERS OF INDIANA
DISTRICT PROSECUTING ATTORNEYS,
Daniel M. McClure 1852-53, resigned.
Thomas L. Perry
Appointed December 20, 1853-56.
A. D. Cunning 1856-57, resigned.
Thomas L. Perry
Appointed October 30, 1857-58.
E. K. Millen
1858-60, resigned.
Stephen Thresher
1860-61, resigned.
James Harrison
Appointed January 7, 1861-62.
David D. Banta
1862-64.
Kendall M. Hord
1864-66.
Francis M. Conner
1866-68.
James A. Reeves
1868-69, resigned.
William C. Sandifer.
Appointed May 24, 1869-70.
George W. Workman
1870-72.
James A. Jordan
Appointed August 21, 1872.
Charles W. Snow
1872-73.
PRESIDENT JUDGES.
William W. Wick February 15, 1822-January 20, 1825, resigned. Fifth circuit.
Bethuel F. Morris
January 20, 1825-December 4, 1834, resigned.
William W. Wick December 4, 1834-August 2, 1839, resigned.
James Morrison
Appointed August 2, 1839-January 26, 1842. The act of January 28, 1839, organized the Tenth cir- cuit, and the act of January 26, 1842, put Morgan in this circuit.
David McDonald January 26, 1842-October 12, 1852.
CIRCUIT JUDGES.
James Hughes October 12, 1852; resigned July 2, 1856. circuit.
Sixth
Ambrose B. Carlton Appointed July 2, 1856-October 30, 1856.
James M. Hanna October 30, 1856; resigned, December 18, 1857.
Solomon Claypool Appointed December 21, 1857-November 6. 1864.
Delana R. Eckles. November 6. 1864-November 6, 1870.
William M. Franklin _November 6. 1870-November 6, 1876. The act of March 6, 1873, put Morgan in the Fifteenth and transferred Franklin from the Sixth to the Fif- teenthì.
John C. Robinson November 6, 1876-November 14, 1882.
Ambrose M. Cumming_November 14, 1882-November 14, 1888.
George W. Grubbs. November 14, 1888-November 14, 1900.
Milton H. Parks. November 14, 1000-February 6, 1904.
Judge Parks was stricken with paralysis in the summer of 1903 and became unable to attend to his duties on the bench. The governor appointed Joseph W. Williams, who filled ont the unexpired term of Judge Parks.
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Joseph W. Williams_ Appointed February 6, 1904-November 16, 1912. The act of March 4, 1911, made Morgan the sole county in the Fifteenth, where it has since re- mained.
Nathan A. Whitaker. November 16, 1912; term expires November 16, 1918.
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.
Philip Sweetzer
December 15, 1830-March 10, 1831, resigned.
Hiram Brown
Appointed March 10, 1831-December 12, 1831. December 12, 1831-April 11, 1833.
William Herod
Appointed April 11, 1833-December 9, 1836.
William Quarles December 9, 1836-January 28, 1839. The act of January 28, 1839, put Morgan 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 E. McLean.
October 12, 1852-November 7. 1854. Sixth circuit.
Ambrose B. Carlton
November 7, 1854-April 3, 1855, resigned.
Theodore Read
Appointed April 3, 1855-August 2, 1855, resigned.
Francis L. Neff
Appointed August 6, 1855-November 2, 1856.
Miltou A. Osborn
November 2, 1856-November 6, 1858.
Isaac N. Pierce
November 6, 1858-November 6, 1860.
Willis G. Neff.
November 6, 1860-November 6, 1864.
Michael Malott
November 6, 1864-November 6, 1866.
Jacob S. Broadwell
November 6, 1866-November 6, 1868.
John C. Robinson.
November 6, 1868-November 1, 1872.
Courtland C. Matson .November 1, 1872-March 6, 1873. The act of March 6, 1873, put Morgan in the Fifteenth.
Henry Burns Appointed March 12, 1873-October 29, 1873.
Ambrose M. Cunning.
_ October 29, 1873-October 29, 1877.
Samuel O. Pickens.
October 29, 1877-October 29, 1881.
John D. Alexander.
October 29, 1881-February 24, 1883.
Frank A. Phelps Appointed February 24, 1883-November 15, 1884.
Edwin M. McCord November 15, 1884-November 15, 1886.
William R. Asher November 15, 1886-November 15, 1888.
William H. Beaman
November 15, 1888-April 7, 1890.
Edward S. Davis April 7, 1890-April 7. 1894. Elected at a special election on April 7, 1890.
Joseph W. Williams. April 7, 1894-April 7, 1898.
Homer L. MeGinnis. April 7, 1898-April 7, 1900.
John E. Sedgwick April 7, 1900-January 1, 1903.
Harvey Gregg
William M. Franklin
August 23, 1851-October 12, 1852.
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COURTS AND LAWYERS OF INDIANA
Homer L. McGinnis. January 1, 1903-January 1, 1905.
Eller E. Pryor January 1, 1905-January 1, 1907.
Homer L. Moss January 1, 1907-January 1, 1909.
Elam M. McCord January 1, 1909-January 1, 1913. The act of March 4, 1911, made Morgan the sole county in the Fifteenth, where it has since remained.
Frank G. Rariden January 1, 1913-January 1, 1915.
Edwin McCracken January 1, 1915; term expires January 1, 1917.
In the election of 1888 William R. Asher and William H. Beaman were the opposing candidates for prosecuting attor- ney. The election board decided that Beaman was elected by a majority of sixteen votes, but, a recount being demanded, Asher was declared elected by a majority of three votes. The case was appealed to the court and tried before Judge How- land, the court holding that the election was a tie. The find- ing of the court was certified to Governor Hovey and he ordered a special election held on April 7, 1890, the day of township election. Neither Beaman nor Asher were candi- dates, the Republicans nominating M. Mathews and the Demo- crats, Edward S. Davis. The Democratic candidate was elected. All three of these prosecutors-Asher, Beaman and Davis-are deceased.
NEWTON COUNTY.
Newton county was the last one organized in Indiana and did not make its formal debut until December 9, 1859. An effort had been made to organize it in 1839, but the population was too scanty to justify the creation of an independent county and the following year it was consolidated with Jasper and remained a part of that county for the next twenty years. In the latter part of the fifties the population of the territory now comprehended within Newton county became sufficiently numerous to warrant the creation of a separate county. In 1857 it became known throughout that section of the state that an effort was being made to form a new county out of the western part of Jasper with a county seat somewhere on the Kankakee river.
Then followed what is probably the most exciting effort . which the state has ever seen in an effort to organize a county.
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The citizens of Jasper county living west of range 7 at once called a meeting at Morocco and resolved to petition the com- missioners of Jasper county to set off a new county to be known as Beaver. Afterward, but at the same meeting, the name of the proposed county was changed to Newton. The petition as presented at the September meeting of the com- missioners carried the name of nearly every voter of the west- ern half of Jasper. The citizens of the other half of Jasper protested against the division of the county, and two days later the petition was dismissed on the ground that some of the names had been attached to the petition before the law authorizing a division had taken place.
But the citizens of the proposed county were not to be denied. Within twenty-four hours horsemen were despatched throughout the proposed county with the result that a second petition was ready the following morning to lay before the commissioners, representing an overwhelming majority of the citizens. Although the board had adjourned to meet on the following morning, when the petition was ready to be handed in, the commissioners heard of the desperate efforts of the citizens of the western half of the county and failed to show up. Nothing was done now until the December meeting, when the Kankakee people presented a counter petition to organize a county with a county seat on the Kankakee. But their peti- tion was at once dismissed and the Newton county petition granted. An appeal was taken to the Circuit court, and later to the Supreme court, where the citizens of the proposed New- ton county were sustained. This decision was handed down in November, 1859, and on December 8, 1859, the commission- ers of Jasper county made the final order on their records de- fining the boundaries of the new county. Kent, a town two miles from the southern line of the county, was made the county seat. Morocco, Brook, Beaver City, and a point about three miles east of Morocco, were also considered by the com- missioners.
Since 1860 there have been nine efforts to locate the county seat at a more central point. Taking advantage of the act of March, 1855, whereby a county seat may be relocated upon a petition of two-thirds of the legal voters of a county, the ad-
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COURTS AND LAWYERS OF INDIANA
vocates of Beaver City presented such a petition to the com- missioners on September 6, 1860. They had already erected a court house on the proposed site, an exact duplicate of the one at Kent. The commissioners ruled that the petition did not have the necessary two-thirds and dismissed the petition. The town of Brook made the second effort to secure the coveted honor and on June 3, 1861, presented a petition which they claimed contained two-thirds of the voters, but they were over- ruled on the ground that many of the signers had joined the army and were therefore not legal voters. Beaver City tried again on May 17, 1869, to get the county seat, but two days later their petition was dismissed. Morocco made the fourth attempt on March 10, 1870, but withdrew its petition for some cause, not disclosed, on the following day. Two years later Brook again appeared in the field and on December 24, 1872, presented a petition bearing nine hundred and two names, but it was set aside the day following. Morocco must have had some energetic citizens, for on June 19, 1876, they started a determined fight and were not defeated until the case had been carried from the commissioners' court to the Newton Circuit court, from there to the Jasper Circuit court, thence to the Tippecanoe Circuit court, and finally, to the Supreme court of the state.
These six attempts had been made under the law of 1855 and no further efforts were made to secure relocation until after the law of March 2, 1899. The law was backed by the people of Morocco and provided that an election for or against relocation shall be held upon the petition of four hundred legal voters, two hundred of whom must have been freeholders at the last general election. If sixty-five per cent. of the voters favor relocation, the change must be made. Backed by this act, the citizens of Morocco presented, on April 2, 1900, a petition in accordance with the act, and an election was held on June 19, 1900. The vote stood 1,515 for relocation and 1,415 opposed to a change. Since the petitioners had failed to secure the necessary sixty-five per cent. of the vote cast, the county seat remained at Kentland. Brook made the eighth attempt with a petition presented July 3, 1900. The election was held September 5, 1900, at which time 1,337 votes were
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cast for relocation and 1,208 against it. And Kentland still re- mained the county seat. The ninth and last attempt was made by Goodland in the same year. On October 1, a petition was presented in accordance with the law of 1899, and the commissioners set the election for January 30, 1901. The Kentland people took an appeal to the Circuit court, which sustained the commissioners. The case was carried to the Supreme court and on March 19, 1902, it sustained the ac- tion of the Circuit court, and ordered the commissioners to fix another date for election. They selected June 7, 1902, and at that time 1,834 votes were cast for relocation and 697 against the same. Kentland had apparently been beaten at last, for the necessary sixty-five per cent. was in favor of removing the county seat to Goodland. But the end was not yet. The case was taken from the commissioners' court to the Newton Circuit court, from there it was venued to White county, from White county it was carried to the Supreme court of the state and the latter, in November, 1903, in a lengthy decision decided in favor of Kentland.
In order to forestall such a close call again, Kentland began to agitate the question of a new court house and on April 3, 1905, a contract was let for a new court house to cost twenty- six thousand one hundred and ninety-five dollars. The advo- cates of relocation now made their last desperate fight and tried by every legal means to stop the erection of the proposed building. The case finally reached the Supreme court and a decision of that court on June 30, 1905, stopped everything. By this time the building was started, the foundation laid and the side walls up to the second story. Another year of legal warfare ensued, but the building was finally completed and turned over to the county on August 6, 1906. Kentland now bids fair to hold the county seat for several years to come without having to undergo any effort to retain it.
Since Newton county was not organized until after the adoption of the new Constitution, the historian has no record to make of President, Associate or Probate Judges. When the county was organized it was attached to the Twelfth judi- cial circuit, which, at that time, was presided over by Charles H. Test. The first session of the Circuit court of the county
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COURTS AND LAWYERS OF INDIANA
met August 27, 1860, at Kent, the newly selected county seat It could hardly be called a town, since it contained only one store, one dwelling house and two unfinished store buildings. One of these unfinished store buildings was donated for a temporary court house and in this building one room was fitted up which served for all of the county officers.
The first Judge of the Newton Circuit court was Judge Charles H. Test, of Indianapolis, who served from 1860 to March, 1870. Judge Test was very fond of tobacco and some of the old residents of Kentland today tell how delectably he used to chew in the court room. If tradition is not unreliable, he was also very fond of poker. Stories are yet told of the games on the shores of Beaver lake where Judge Test fre- quently went hunting with Thomas Barker, an old settler in the northern part of Newton county; Thomas Hunter, who lived on Beaver lake, and Madison Collins, one of the back- woods attorneys of the day. Judge Test boarded at the hotel kept by Alexander J. Kent and it is maintained to this day that court not infrequently was delayed because of the Judge's interest in a poker game at the hotel. Madison Collins is said to have succeeded in acquitting a man living on Beaver lake of the charge of hog stealing on the ground that hog stealing was a custom of the country and in no sense a crime.
David P. Vinton, of Lafayette, presided over the court from 1870 to March, 1873. The Legislature in 1873 redis- tricted the state and Newton county was made a part of the Thirtieth circuit. Judge E. P. Hammond, who was appointed Judge of the Thirtieth judicial district by Gov. Thomas A. Hendricks, held his first term of court in Newton county in June, 1873. Judge Hammond having been appointed to the Supreme court of Indiana in 1883, Gov. Albert G. Porter ap- pointed Peter H. Ward to succeed Judge Hammond at the be- ginning of the May, 1883, term of the Newton Circuit court.
Edwin P. Hammond served again from 1890 to 1892, re- signing in August of the latter year to form a partnership with Charles B. and William V. Stuart, at Lafayette, under the firm name of Stuart Brothers & Hammond. U. Z. Wiley was appointed to fill the unexpired term of Hammond, but resigned before the expiration of his term. William Darroch
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served by appointment less than a month (October 13-Novem- ber 10, 1896). Simon P. Thompson was on the bench for a six-year term beginning November 10, 1896. During his term the act of February 24, 1899, constituted Newton and Jasper as the sole counties of the Thirtieth circuit. Charles W. Han- ley, the present Judge of the circuit, has been on the bench since November 10, 1902. His present term will expire No- vember 10, 1920.
COMMON PLEAS JUDGES.
William R. Boyer 1859-60.
William C. Talcott 1860-68.
Hiram A. Gillett 1868-73.
DISTRICT PROSECUTING ATTORNEYS.
R. S. Dwiggins 1860-62.
Oliver W. Ray
1862-64.
James Burson 18644-66.
Elisha C. Fields. 1866-68.
William H. Martin 1868-70.
William T. Horine.
1870-72.
Newton T. Bozart 1872-73.
CIRCUIT JUDGES.
Charles H. Test December 9, 1859-October 24, 1870. Twelfth cir- cuit.
David P. Vinton October 24, 1870-March 6, 1873. The act of March 6, 1873, put Newton in the Thirtieth.
Edwin P. Hammond Appointed in March, 1873; resigned in May, 1883, to accept seat on Supreme bench.
Peter H. Ward Appointed May 21. 1883-November 14, 1890.
Edwin P. Hammond November 14. 1800; resigned in Angust, 1892.
Ulric Z. Wiley Appointed August 31, 1892; resigned, October 12. 1896.
William Darroch Appointed October 13, 1896-November 10, 1896. Simon P. Thompson November 10, 1896-November 10, 1902. The act of February 24, 1899, constituted Newton and Jas- per the Thirtieth, where they have since remained. Charles W. Hanley November 10, 1902; term expires November 10, 1920.
PROSECUTING ATTORNEYS.
John L. Miller December 9, 1859-November 3, 1862. Twelfth cir- cuit.
William D. Lee November 13, 1862-November 3, 1864.
Frank B. Everett. November 3, 1864-November 3, 1868.
James M. Justice November 3, 1868-November 3, 1870.
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COURTS AND LAWYERS OF INDIANA
Frank B. Everett. November 3, 1870-November 3, 1873.
Simon P. Thompson November 3. 1872-November 3, 1876. The act of March 6. 1873. put Newton in the Thirtieth. This act transferred Thompson from the Twelfth to the Thirtieth.
Henry S. Travis November 3. 187G-November 3, 1878.
Frank W. Babcock November 3, 1878-November 3, 1880.
David L. Bishop November 3, 1880-November 17, 1882.
Mathew H. Walker November 17. 1882-November 17, 1886.
Ralph W. Marshall November 17. 1890-November 15, 1894.
John T. Brown November 17, 1890-November 15. 1894.
T. C. Annabel
November 15. 1894; died after taking office.
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