USA > Indiana > Courts and lawyers of Indiana, Volume III > Part 11
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Samuel A. Huff, who, for many years, was a prominent law- yer at Lafayette, moved to Indianapolis later in life. In 1837
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he represented Tippecanoe in the General Assembly and subse- quently served as judge of the Circuit court. From 1845 to 1875, Zebulon Baird ranked among the leading lawyers of Tip- pecanoe county. Robert C. Gregory, who was promoted to the Supreme bench, serving from 1865 to 1871, died in 1885. John L. Miller, one of the most active workers of the Tippecanoe bar, served one term in the State Legislature and was post- master at Lafayette under President Grant's administration. Gen. James R. Carnahan, who spent the last years of his life at Indianapolis, was criminal prosecutor of Tippecanoe county from 1867 to 1871. Hiram W. Chase, who succeeded to the extensive practice of Rufus A. Lockwood, was one of the stal- wart lawyers of his day and generation. He died in 1889.
David P. Vinton, who practiced law in the courts of Tippe- canoe and adjoining counties, served as judge of the Common Pleas court (1861-67) and also as judge of the Circuit court (1870-1880). John M. LaRue was a member of the Legisla- ture, a senator for one term and a judge of the Common Pleas court (1867-73.) John R. McCoffroth was several times a member of the Indiana Legislature. Thomas B. Ward was not only judge of the Superior court (1875-76) of Tippecanoe county, but held other official positions, including that of mayor of Lafayette. Godlove S. Orth, one of the well-known attorneys of the Lafayette bar, was an envoy-extraordinary and minister-plenipotentiary to Austria from 1875 to 1876. Henry L. Orr served as charge d'affaires at Stockholm from 1845 to 1849. Gen. R. P. DeHart, who served many years on the bench of the Tippecanoe Circuit court (1901-14), was ap- pointed by President Grant as consul to Santiago de Cuba, but declined the position.
Daniel E. Storms, who was elected secretary of state from this county, after resigning from office (April 1, 1906), moved to Nevada. Robert P. Davidson, who was long numbered among the trustworthy citizens of the county, served in the Indiana Legislature in 1871. He died in 1909. Francis Price moved from Lafayette to Kansas in 1886 and later served as a circuit judge in that state. Charles D. Jones, who served as porsecuting attorney of the county from 1875 to 1877, moved to Kansas in 1885. Col. Godlove O. Behm was criminal prose-
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COURTS AND LAWYERS OF INDIANA
cutor here in 1867. James T. Davidson, who served as prose- cuting attorney of the Tippecanoe Circuit court from 1881 to 1883, moved to Boston in 1881 and died there in 1903. A. K. Aholtz, who abandoned the legal practice here and moved to Chicago in 1890, became connected with the Pullman Palace Car Company.
ASSOCIATE JUDGES.
William Jones. July 1, 1826; died in August, 1826.
James Wylie July 1. 1826.
John Provolt
October 24, 1826. vice William Jones. deceased. No Judges for 1832 on record.
James Wylie August 15, 1839; died in office, June, 1840.
John Provolt August 15, 1839.
Cyrus Ball August 14, 1840. vice James Wylie, deceased ; re- signed, November, 1841.
John L. Pifer December 25. 1841, to serve seven years from July 1, 1840.
John Peters August 18, 1846, to serve seven years from July 1, 1847 ; resignation filed March 23, 1850.
Joseph D. Dennett August 18, 1846, to serve seven years from July 1, 1847; removed from state. September. 1849.
John L. Pifer October 22. 1849, to serve seven years from July 1. 1847.
John Connolly August 21, 1850, to serve seven years from July 1, 1847.
PROBATE JUDGES.
John I. Davison August 13, 1829.
William M. Jenners. February 16. 1832, vice John I. Davison, resigned.
John Kilgore. August 15, 1832.
John Kilgore August 15, 1839.
John Kilgore August 18. 1846. to serve seven years from July 1, 1847.
COMMON PLEAS JUDGES.
Samuel A. Huff. 1852-54. resigned.
David Turpie. Appointed July 3. 1854; resigned September 30, 1854.
Gustavus A. Wood Appointed September 30. 1854-61, resigned.
David P. Vinton Appointed July 1, 1861-67.
James Park Appointed March 25. 1867-October 19, 1867.
John M. LaRue. 1867-73.
DISTRICT PROSECUTING ATTORNEYS.
Luke Reilly 1852-54. John L. Miller 1854-56, resigned.
Israel N. Stiles
1856-58.
W. C. L. Jayton 1858-60.
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THE COUNTY COURTS
Lewis C. Pierce 1860-64.
Win. DeWitt Wallace __. 1864-67. resigned. (By act of March 11, 1867, Tippecanoe was put in Twenty-third district.)
Levi M. Graham Appointed March 25, 1867-68.
Samuel R. Hiatt 1868-70.
Joseph M. Rabb 1870-73.
PRESIDENT JUDGES.
At the time of its organization, March 1, 1826, Tippecanoe county was placed in the First circuit, on which John R. Por- ter was then serving as President Judge. He continued on the bench until January 27, 1838, when he was succeeded by Isaac Naylor, who served until the Constitution of 1852 went into effect.
CIRCUIT JUDGES.
William P. Bryant. October 12. 1852-February 9, 1855. The act of February 9. 1855, took Tippecanoe out of the Eighth and put it in the Twelfth.
John Pettit
Appointed March 5, 1855; resigned October 7, 1855.
David Turpie. Appointed October 7, 1855-November 9, 1855.
Andrew Ingram November 9. 1855; resigned April 11. 1857.
John Pettit. Appointed April 13, 1857-October 27, 1857.
Charues H. Test
October 27, 1857-October 24, 1870.
David P. Vinton
October 24, 1870-November 15. 1SSS. The act of March 6, 1873, put Tippecanoe in the Twenty-third with White, and the act of March 5. 1875 made it the sole county in the Twenty-third, where it has since remained. The act of March 6. 1873. trans- ferred Vinton from the Twelfth to the Twenty- third.
Byron W. Langdon November 15, 1SSS-November 15. 1894.
William C. L. Taylor .November 15, 1894 ; died in office in February. 1901.
Richard P. DeHart Appointed in February, 1901-December 3, 1914.
James S. Caldwell December 3, 1914; term expires December 3, 1920.
PROSECUTING ATTORNEYS.
John Law March 1, 1826-January 25, 1830. First circuit.
Edward A. Hannegan __ January 25, 1830-January 25, 1832.
Andrew Ingram January 25, 1832-January 23, 1834.
William P. Bryant
January 23, 1834-January 23, 1838.
Joseph A. Wright January 23. 1838-December 5, 1839.
Samuel C. Willson
December 5, 1839-Setember 4. 1843, resigned.
Joseph E. McDonald Appointed September 4. 1843-September 4. 1847.
Lew Wallace August 18, 1851-May 14. 1853. The act of June 17, 1852, put Tippecanoe in the Eighth and trans- ferred Wallace from the First to the Eighth.
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COURTS AND LAWYERS OF INDIANA
Daniel W. Voorhees Appointed May 14, 1853-July 24, 1854, resigned.
Samuel W. Telford
Appointed July 24, 1854-November 7, 1S54.
Charles A. Naylor
November 7. 1854-October 30, 1856, resigned. The act of February 9, 1855. took Tippecanoe out of the Eighth and put it in the Twelfth.
Jolın L. Miller October 30. 1856-November 3, 1862.
William D. Lee November 3, 1862-November 3, 1864.
Frank B. Everett November 3, 1864-November 3, 186S.
James M. Justice November 3, 1868-November 3, 1870.
Frank B. Everett November 3, 1870-November 3, 1872.
Simon P. Thompson November 3. 1872-March 6, 1873. The act of March
6. 1873, put Tippecanoe in the Twenty-third with White.
William E. Uhl Appointed March 15, 1873-March 5, 1875. The act of March 5, 1875. made Tippecanoe the sole county in the Twenty-third, where it has since remained.
Isaac Parsons Appointed April 1. 1875-November 7, 1875.
Charles D. Jones November 7, 1875-November 7, 1877.
James L. Caldwell. November 7. 1877-November 7, 1879.
George W. Collins
November 7. 1879-November 7. 1881.
James T. Davidson November 7. 1881-November 7, 1883.
Walter C. Powell November 7. 1883-November 7. 1885.
R. P. DeHart November 7. 1885-November 7. 1886.
George P. Haywood
November 7. 1886-November 7, 1891.
William R. Wood
November 7. 1891-November 7, 1895.
Charles E. Thompson November 7. 1895-November 7, 1899.
Edgar D. Randolph November 7. 1899-January 1, 1904.
Daniel P. Flanagan January 1. 194-January 1, 190S.
Frank Kimme!l January 1. 1908-January 1. 1912.
Homer W. Hennegar
January 1. 1912-January 1, 1916.
Roy C. Street. January 1. 1916; term expires January 1, 1918.
CRIMINAL COURT.
The Tippecanoe county Criminal court was established as the Nineteenth circuit by the Legislature with the act of March 9, 1867, and abolished by the act of March 9, 1875. Three judges occupied the bench of this court while it was in existence. David P. Vinton was appointed by the governor on March 11, 1867, and elected in the fall of the same year for the regular four-year term. He was succeeded on October 23, 1871, by Baltzer K. Higinbotham, who served one term of four years. The last judge was James R. Carnahan, who was commissioned on October 22, 1874, for a four-year term to begin on October 23, 1875. Before his term began, however,
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THE COUNTY COURTS
the Legislature, by the act of March 9, 1875, abolished the office.
When the Criminal court was established in Tippecanoe county in 1867, Godlove O. Behm was appointed by the gov- ernor to fill the office of prosecuting attorney. He served a short time, when he resigned and James R. Carnahan was ap- pointed to fill the vacancy, serving until 1872, when he was succeeded by Austin L. Kumler. Mr. Kumler filled the office until 1874, when he was followed by James L. Caldwell, who served until the office was abolished in 1875.
SUPERIOR COURT.
A Superior court was established in Tippecanoe county with the act of March 9, 1875, and the governor at once ap- pointed Thomas B. Ward as the first judge of the new court. He was followed the succeeding year by John M. LaRue, who served until 1888. Frank B. Everett, the third judge of the Superior court, occupied the bench from 1888 to 1894, when he has succeeded by W. DeWitt Wallace. In 1901 Henry H. Vinton, the present judge, began his service and by subsequent re-elections has served on the bench since that date. His term will expire December 5, 1918.
TIPTON COUNTY.
Tipton county, which was originally a part of the great Miami reservation, was organized first by an act of February 16, 1839, as a part of Richardville county, and on January 15, 1844, as Tipton county. Tipton (first called Canton) was chosen as the county seat and its central location has made it the most satisfactory site which could have been selected.
Tipton county remained a part of the Eighth circuit from the time of its organization until 1852. The legislative act of June 7, 1852, made it a part of the Fifth judicial circuit, with Johnson, Hendricks, Marion, Hamilton, Hancock and Madi- son counties. The act of February 1, 1859, added Hancock, Hamilton, Tipton, Madison and Howard counties to the Sev- enth circuit, which included at that time only Delaware and Blackford counties. Wayne, Randolph, Henry, Jay and Grant counties had been previously taken out of the circuit.
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COURTS AND LAWYERS OF INDIANA
By the act of February 11, 1867, Tipton county was or- ganized as a part of the Seventeenth circuit, along with Madi- son, Hamilton and Howard counties. In 1873, Tipton and Howard counties were organized into the Thirty-sixth circuit and no change was made until March 1, 1909, when Tipton was left as the sole county of the Thirty-sixth circuit.
At the first election held after the organization of Tipton county, Joseph Goar and Silas Blount were elected as Asso- ciate Judges. In 1848 the name of the county seat was changed from Canton to Tipton in honor of Gen. John Tipton. In 1845 a frame court house, twenty by twenty-four feet and two stories high, was built at a cost of approximately twelve hundred dollars. The first term of the Tipton Circuit court was held at the house of Jesse Brown, Monday, May 12, 1845, before Silas Blount and Joseph Goar, Associate Judges.
In November, 1845, the Tipton Circuit court convened, with John W. Wright as President Judge, and with Silas Blount and Joseph Goar, Associate Judges, in attendance. When court convened in 1846, Jeremiah Smith, of Winchester, appeared as President Judge, and continued to serve until 1852.
The first probate business on record in the clerk's office was the application of Thomas Cooper for letters of adminis- tration of the estate of Alexander S. Wallace, deceased. On November 11, 1844, the first Probate court was held by Judge William H. Nelson. Judge Nelson served on the Probate bench until January, 1851, when he was succeeded by Joseph A. Lewis. In August, 1851, Judge Lewis was succeeded by Richard Minor, who served until the probate business was transferred to the Common Pleas court in 1852.
The first term of the Common Pleas court in Tipton county was begun and held at the court house in June, 1853, by Earl S. Stone, sole judge, whose district comprised Hamilton, How- ard and Tipton counties. Judge Stone was succeeded in 1857 by Nathaniel R. Lindsey, and Judge Lindsey in 1860 by John Green. Judge Lindsey returned to the bench in 1864 and served for a short time, when he was succeeded by William Garver, who served until 1873, when the Common Pleas court was abolished.
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THE COUNTY COURTS
At the first term of the Circuit court on May 12, 1845, as heretofore noted, William Garver, Marcus Lindsey, James Forsythe, William Stewart, Earl A. Stone and Amasa P. Cassler were admitted to practice law. Other lawyers who were admitted in these early courts were: Andrew Batorff, Nathaniel R. Lindsey, Charles D. Murray, November, 1845; John Davis, J. S. Buckles and William F. Brady, March, 1846. J. S. Buckles was the prosecuting attorney of the Eighth cir- cuit from September, 1846, to September, 1848. Gustavus H. Voss was admitted to the bar in October, 1846. William H. Nelson, the first judge of the Probate court, was admitted at the same time and James F. Suit and John M. Conan in April, 1847. John Green was admitted to the bar in 1849 and David Kilgore, of Muncie, and Joseph A. Lewis at the same time. Carlton E. Shippey and Richard D. Markland were admitted to the bar in April, 1852.
James Forsythe was an eccentric Virginian and would hardly be considered a first-class attorney at this time. Amasa P. Cassler was a very able man, a good judge of the law and a successful practitioner. William Brady was perhaps the most trustful and the most prosperous lawyer in the early days of Tipton county. He was well educated and a fluent speaker. He died in 1852. John Green came to Tipton county in 1848 from Jefferson county. He had been born in North Carolina. He served the county in the state Senate and as judge of the Common Pleas court. Soon after the ar- rival of Green, Joseph A. Lewis came to Tipton county, and for many years he and Green were antagonists in all impor- tant cases. Nathan R. Overman appears to have taken up Lewis's business after the removal of the latter to Indianap- olis. Overman and Green were then the rival lawyers. Prior to the year 1883, the lawyers who had practiced in the county were the following: James Forsythe, William Nelson, A. P. Cassler, William Brady, John Green, Joseph A. Lewis, J. V. Cox, N. R. Overman, Dan Waugh, John Q. Green, M. Bristow, Charles Swaim, Frank Trissel, J. T. Cox, John W. Robinson, Noah Parker, Joshua Jones, Edward Hatfield, R. B. Beau- champ, George H. Gifford, John P. Kemp, M. F. Cox, J. M.
(66)
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COURTS AND LAWYERS OF INDIANA
Fippen, J. I. Parker, J. N. Waugh, B. Giltner, J. W. Mettlen, W. H. Clark, J. A. Swoveland, Perry Behymer, W. O. Dean, G. F. Isgrig, M. T. Shiel, W. W. Mount, Walter Carter, Cleon W. Mount, L. B. Nash, E. A. Mock, James M. Purvis and W. R. Ogleby.
ASSOCIATE JUDGES.
Joseph Goar June 10, 1844.
Silas Blount June 10, 1844.
Joseph Goar August 23, 1850.
Joseph Price August 23, 1850.
PROBATE JUDGES.
William H. Nelson August 20, 1844; resignation filed October 17, 1850.
Joseph A. Lewis. January 8, 1851, appointed vice William H. Nelson, resigned.
Richard Minor 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 the return of Gray.
James A. Gray 1857-58.
Barsabas Giltner 1858-60.
Nathan W. Gordon 1860-61.
Joel Stafford
1861-62.
Thomas S. Underhill 1862-6.
James A. Strech 1864-66.
Levi Farley 1866, resigned.
August F. Shirts. Appointed November 17, 1866-67.
Noah W. Parker 1867-68.
Joseph L. Custer 1868-72.
Robert B. Beauchamp __ 1872-73.
PRESIDENT JUDGES.
Tipton county was placed in the Eighth circuit at the time of its organization, May 1, 1844, and remained in this circuit until 1852. The first judge to serve on the bench in this
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THE COUNTY COURTS
county was John W. Wright, who served from the organiza- tion of the county until January 20, 1846, when he was suc- ceeded by Jeremiah Smith, who filled the office until the new Constitution went into operation.
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 Tipton in the Seventh.
Joseph S. Buckles February 1, 1859-February 11, 1867. The act of February 11, 1867, put Tipton in the Seventeenth. Appointed February 18, 1867-October 19, 1867.
Henry A. Brouse
John Davis October 19, 1867-March 4, 1871.
James O'Brieu
Appointed March 4, 1871-March 6, 1873. The act of March 6, 1873, put Tipton in the Thirty-sixth. The act of February 15, 1871, provided for the appoint- ment of O'Brien to serve "so long as the disability of John Davis shall continue or until the expira- tion of Davis' term."
Clark N. Pollard. Appointed March 12, 1873-October 24, 1879.
Nathan B. Overman. October 24, 1879; died in office, October 25, 1883.
James O'Brien Appointed November 1, 1883-November 14, 1884.
Daniel Waugh November 14, 1884-November 14, 1890.
Lex J. Kirkpatrick
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; died in office in August, 1912. The act of March 1, 1909, made Tipton the sole county in the Thirty-sixth, where it has since re- mained.
James M. Purvis Appointed August 30, 1912; elected in November, 1912, for six years, and succeeded himself on Jan- uary 1, 1913.
PROSECUTING ATTORNEYS.
William Z. Stuart May 1, 1844-December 15, 1845. Eighth circuit.
David M. Denn. December 15, 1845-December 15, 1847.
William Potter August 23, 1849-August 28, 1851, resigned.
George E. Gordon August 28, 1851; resigned September 15, 1852.
John M. Wilson September 15, 1852-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 Tipton in the Seventh.
David Nation
February 1, 1859-October 31, 1859.
David Moss October 31, 1859-November 12. 1861.
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COURTS AND LAWYERS OF INDIANA
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 Tipton in the Seventeenth.
Nicholas Van Horn Appointed February 18, 1867-October 25, 1867.
William O'Brien
October 25, 1867-October 24, 1870.
James F. Elliott
October 24, 1870-October 26, 1874. The act of March 6, 1873, put Tipton 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, 1SS0.
John E. Moore
October 26, 1880-November 17, 1882.
Cassius C. Shirley November 17, 1882-November 17, 1884.
James M. Fippen
November 17, 1SS4-November 17, 1886.
Albert B. Kirkpatrick
November 17, 1886-November 17, 18SS.
James M. Smith
November 17, 1890-November 17, 1892.
John F. Pyke
November 17, 1892-November 17, 1894.
William D. Davis
November 17, 1894-November 17, 1896.
B. F. Ilarness
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. Manning. January 1. 1909-January 1, 1911. The act of March 1, 1909, made Tipton the sole county in the Thirty- sixth, where it has since remained.
J. Carl Sheil January 1, 1911; resigned Setpember 10, 1912.
Clinton T. Brown Appointed September 10. 1912; term expires Jan- uary 1, 1917.
UNION COUNTY.
Union county was organized by an act of the Legislature on January 5, 1821, and the act bcame effective on the first of the following February. Union county was cut off from Franklin and Wayne and owes its existence, according to the best evidence, to a desire on the part of a few local politicians for the erection of a county which would supply them with public offices. When it was organized Brownsville was the leading village, and although it was in the northwestern part of the county, the locating commissioners selected it for the county seat. The succeeding Legislature (December 21, 1822)
Walter W. Mount.
November 17, 1SSS-November 17, 1890.
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THE COUNTY COURTS
passed an act authorizing the relocation of the seat of justice. This act provided for five locating commissioners to meet on the first Monday in March, 1823, to select a more central site, and after considering proposals from several groups of citizens representing different sites, they finally selected the site of the present town of Liberty. A court house had been built at Brownsville in 1821 and the first session of the Circuit court was held in this place in July, 1821, with Miles C. Eggleston as President Judge and Robert Swann and Sylvanus Everts as Associate Judges.
The location of county seats and the building of court houses have often been fruitful of much trouble in many coun- ties in the state and Union county has had some experience along both lines. The difficulties attending the moving of the county seat from Brownsville to Liberty in the early history of the county have already been mentioned, and it remains to notice the trouble encountered in the building of the present court house. In 1890 the county decided that it needed a new court house and to this end the Legislature was asked to pass a bill authorizing a bond issue. This was done, but, as it so often happens, there were some people in the county who were opposed to the erection of a new building, and they tried by every legal means to defeat the project. The one man who was finally responsible for the completion of the magnificent building which now adorns the public square was Leland H. Stanford. Through two years of litigation he represented the board of county commissioners in the Legislature and courts, and was successful in every encounter with those who were opposed to building.
Stanford entered the fight at the time a libel suit was brought by the commissioners against one of the newspapers of the county seat, and finally succeeded in inducing the com- missioners to withdraw their suit. Taxpayers first sought to stop the proceedings by an injunction, and the trial before Addison C. Harris as special judge resulted in favor of the commissioners. The taxpayers appealed the case to the Su- preme court of the state, and that tribunal sustained the judg- ment of the lower court within a month. When all the first bond issue was exhausted, Stanford had a second bill intro:
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COURTS AND LAWYERS OF INDIANA
duced into the Legislature providing for another bond issue of one per cent. on the taxable property of the county. This bill was finally passed, but not until after it was fought vigor- ously by the taxpayers of both Union and Wayne counties. The bill prepared for Union county would have applied to Wayne county as well, where an additional bond issue was needed to complete a court house. Stanford, himself, enrolled the bill, had it signed by Speaker Niblack and Lieutenant-gov- ernor Chase, and then carried it in person to the Denison hotel where it received the signature of Governor Hovey. Subse- quently, when the building was about completed, the tower collapsed and it was necessary to borrow ten thousand dollars of an Indianapolis bank to complete the building. After the court house was finished the architect brought suit to collect an additional fee on the ground that the cost of the building had been increased from the original estimate. The suit was decided in favor of the commissioners and thus ended the last litigation concerning the court house.
When Union county was organized in 1821 it was placed in the Third circuit, which then included the counties of Union, Ripley, Switzerland, Dearborn, Franklin, Fayette, Wayne and Randolph. Miles C. Eggleston was the President Judge of the circuit, and he was still presiding when the act of January 20, 1830, took Union out of the Third and placed it in the newly organized Sixth circuit, composed of Union, Allen, Delaware, Randolph, Henry, Wayne, Fayette, Rush and Elkhart. Three days after the act was passed the Legislature elected Charles H. Test as the first Judge of the new circuit, but he resigned December 11, 1835. Governor Noble appointed Samuel Bigger to fill out the unexpired term of Judge Test, and he served by re-election until March 29, 1840, when he resigned to enter the race for governor. He was elected in the fall of the same year and served as governor from 1840 to 1843. Governor Wallace appointed James Perry to fill out the unexpired term of Judge Bigger, and he remained on the bench until January, 1844, when the Legislature elected Jehu T. Elliott. Judge Elliott served a full term of seven years. Oliver P. Morton, the great war governor, was elected by the Legislature on the last day of the 1851 session to succeed Judge Elliott, and he
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