USA > Indiana > Courts and lawyers of Indiana, Volume III > Part 18
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foot from those of a left?" "Always." "Can you always dis- tinguish the bones of the foot from those of the hand?" "Yes." "Could you always tell human bones from those of an ani- mal?" "I could." "Could you distinguish between the bones of a man and those of a woman?" "Yes."
Then I knew I had him. I now turned to my client and asked him to make a certain selection of bones which he had in his possession and continued my cross-examination on other matters. In a few minutes the selection had been made and I proceeded. "Doctor, here is a box containing the bones of a hand, of a right foot, of a left foot, also a male foot and a female foot. Will you kindly examine them and tell me which is which?" The doctor fumbled over the bones for a few minutes, then a sudden expression of intelligence came over his face as he said to me: "Young man, you can't play that trick on me!" "What trick, Doctor?" "These are not human bones at all." "To what animal do they belong?" "That is a matter of comparative anatomy, I can't tell you-to a polar bear, for aught I know." Then I had the human skeletons brought into the room and the bones fitted in the presence of the jury. Description cannot do justice to the doctor's dis- comfiture.
At one time I was connected with a very closely contested case in Wayne county in which Thomas Study was associated with Judge Peele on the other side. We had been crowding them pretty close in the testimony and they were becoming irritated. On one occasion I entered Judge Peele's office in order to give notice of the taking of some additional deposi- tions. Study was there and in a very bad humor. After I had served the papers and was about to leave, he assailed me with a very opprobrious epithet, but as it had no reference to anything in particular, I concluded to consider it a mere evidence of his disapproval and I walked away without an- swering. He followed me to the door, saying, "I want to know why you got the witnesses in this case to swear to such and such facts." This made me angry. I turned back on him, saying, "If you say that I got the witnesses in this or any other case to testify what was not true, you are an infernal liar." On a table close beside him was a notary's seal, one of the big ones that bends over and weighs about seven or
1
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COURTS AND LAWYERS OF INDIANA
eight pounds. He started to reach for it. I knew if he reached it he could crush my head with it and that I must either run or grab him before he got it. I did not want to run, so I grabbed him. I got my right arm around his neck and he got his left arm around mine and we rolled over on the floor together. First I was on top, then he was, and then you couldn't tell which one was. Finally we got in a position side by side, each of us supporting ourselves on the floor by one hand. If I lifted my hand to hit him I should fall under him and he would do the same if he tried to strike me, so it got to be somewhat like trench warfare-neither party could attack successfully and the thing struck me as so irresistibly funny that I broke out laughing in the midst of it. The chairs had been scattered about the room in the melee and Judge Peele and two or three others who were there now seized us by our legs and pulled us apart, whereupon I walked away.
The next morning the Independent had a whole page de- voted to supposed pictures of the struggle and to doggerel verses in which it was celebrated.
There was a rather peculiar aftermath. Study was ar- rested for assault and battery. The trial was set before the Mayor and I was subpoenaed as a witness. We had had our fight; I didn't feel the least resentment, and I didn't want to testify against him. I had a demurrer to argue that after- noon before Judge Kibbey. Burchenal was on the other side. So long as I kept my feet, arguing that demurrer, I knew no- body could take me away on an attachment and compel me to appear before the Mayor. I told Burchenal of my predica- ment and that I expected to argue the case at length. He made no objection. It was a case which ordinarily would have taken fifteen minutes, but I kept at it for hours, citing all the cases on both sides and reading them at length and then start- ing out from a new point of view. I think Judge Kibbey knew what I was up to, but he said nothing and bore it patiently. Then I saw two policemen come into the court room. I knew they had a warrant for me, but they couldn't serve it while I was on my feet. I took a fresh start, kept it up most of the afternoon and did not desist until I saw Study and his coun- sel coming into the room and I knew the trial was over.
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I heard afterwards what happened at the Mayor's court. Henry U. Johnson defended Study. Judge Peele was the first witness for the prosecution. He testified that these two gen- tlemen had some words in his office and came together so quickly that no one could ever tell who struck the first blow. "I will ask you, Judge Peele," said Johnson, "if, from what you saw in your office, it is not your judgment that each of these gentlemen was endeavoring to prevent the other from committing a breach of the peace?" "That was exactly it," said Judge Peele, so Study was triumphantly acquitted.
It is curious how a little scrap of this kind clears the air. Study and I remained fast friends from that time until the day of his death. He was sometimes a little rough in his behavior, but I have found from personal experience that he had as kind a heart as anyone I ever knew.
WELLS COUNTY.
Wells county was organized by the Legislature on Decem- ber 9, 1836, and started its formal career on the first of the following May. The first set of commissioners appointed to select a site for the county seat failed to act, and a second set of commissioners were subsequently provided for by the act of January 20, 1838. The commissioners met in March, 1838, and selected the present site of Bluffton. Two sites were offered for their consideration-Bluffton and a town by the name of Murray, later known as New Lancaster. Murray offered the best inducements, but the Bluffton ad- herents carried the day by adding a cash gift of two hundred and seventy dollars to their land offer. This money, in case their offer was accepted, would be sufficient to pay the locat- ing commissioners; whereas, if no cash were forthcoming, they would have to be satisfied with county orders, then below par. They probably needed the money, and the cash offer of Bluffton undoubtedly turned the scale in its favor.
When it was organized it was made a part of the Eighth circuit with Cass, Miami, Wabash, Huntington, Allen, Adams, Jay, Dekalb, Steuben, Noble, Lagrange and Whitley counties. By the act of January 28, 1839, Wells county was placed in
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the Eleventh circuit with Delaware, Grant, Blackford, Adams, Jay and Randolph counties. The act of December 14, 1841, joined Wells with Allen, Adams, Huntington, Whitley, Noble, Lagrange, Steuben and Dekalb in the Twelfth circuit. When the state was redistricted for judicial purposes in 1852, Wells county was made a part of the Tenth circuit with Adams, Huntington, Wabash, Whitley, Allen, Noble, Dekalb, Lagrange, Steuben, Elkhart and Kosciusko counties. Several counties were taken from the circuit during the next few years, and in 1867, when certain circuit changes were made, the Tenth circuit was left to include Wells, Adams, Allen and Whitley counties. By the act of March 6, 1873, Wells, Adams and Jay counties were joined together in the Twenty-sixth cir- cuit. Wells and Blackford counties have been joined together in the Twenty-eighth judicial circuit since March 4, 1893.
The first court house in Wells county was situated on the west side of Main street, between Market and Wabash streets, in the village of Bluffton, and was constructed of logs. By an order issued June 18, 1838, a contract was subsequently let for the erection of a second court house, built of hewn logs, eighteen by twenty-four feet, and two stories high. The contract for the court house and for a jail, eighteen by twenty feet and two stories high, was let to David Whitman, of Wells county. Both the court house and jail were subsequently de- stroyed by fire and, in 1845, another court house of brick, manufactured in the vicinity of the town, was built. The present court house was completed and dedicated on March 2, 1891, having been built at a cost of approximately one hun- dred and twenty-five thousand dollars.
The first term of the Circuit court in Wells county con- vened at the residence of Robert C. Bennett, where Bluffton is now situated, in October, 1837, with Charles W. Ewing as President Judge and John Swett and James R. Greer as Asso- ciates. Thomas Johnson was the first prosecuting attorney. - In March, 1839, Judge Ewing was succeeded on the bench by David Kilgore, of Muncie, afterward speaker of the In- diana House of Representatives and a member of Congress for two terms from the "Old Burnt District." At this term of court, Moses Jenkinson, Jeremiah Smith, of Winchester, and
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Jacob B. Julian, of Indianapolis, were admitted to practice law. The first criminal proceeding was against Associate Judge James R. Greer, who was fined one dollar for betting. John P. Greer, who later died at Topeka, Kansas, became the first resident member of the Wells county bar.
In December, 1841, James W. Borden, of Fort Wayne, suc- ceeded to the judgeship. Borden later served as a member of the Constitutional Convention, as Judge of the court of Com- mon Pleas, as minister to the Sandwich Islands under Bu- chanan, and finally as Judge of the Allen Criminal court. The first attorney to locate in Bluffton was James Brownlee, after- ward a prominent member of the Grant county bar. When Brownlee began his practice at Bluffton, he hung out his "shingle" in the clerk's office, which was surrounded by woods with a trail leading up to it. Artists were scarce and Brown- lee painted his own sign, which read as follows: "James Brownlee, Eterny at Law." This sign had been up but a short time when some pioneer, more scholarly than the rest, suggested that something was wrong in the orthography. It was finally determined that a counselor who could not spell the word "attorney," knew little about his profession and the youthful barrister became the subject of ridicule. They made his life uncomfortable and he soon "folded his tent" and sought a new field of usefulness. In September, 1842, the name of Horatio M. Slack, the second resident attorney of Bluffton, appears in the county record. After having prac- ticed a half century in that city, W. H. Coombs, who appeared as prosecuting attorney in 1842, served briefly as a Judge of the Supreme court of the state (1882-83). During this term of court, (1842), the Judge and the former prosecuting attorney, Lucien P. Ferry, were jointly indicted for "aiding in the escape of prisoner."
At the March term of court in 1843, John W. Dawson, afterward editor of the Fort Wayne Times and, subsequently, Governor of Utah territory, was admitted to the bar. At this term of court Associate Judge Greer was indicted for violat- ing the revenue laws. S. G. Upton, the third resident attor- ney, was indicted for barratry, but the latter was acquitted.
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COURTS AND LAWYERS OF INDIANA 1
In 1851-52, James L. Worden served as prosecuting attor- ney. Worden afterward presided over the Wells Circuit court and later served on the Supreme bench of Indiana from 1858 to 1865. In March, 1851, John R. Coffroth was admitted to practice in the Wells Circuit court. L. M. Ninde, William W. Carson, Jacob M. Haynes and Isaac Jenkinson were also admit- ted at the same time. Benedict Burns was admitted as the fourth resident attorney.
In March, 1852, Amza White and Arthur W. Sanford, afterward a prominent clergyman of Marion, were admitted to practice at the local bar. In August, 1853, Edwin R. Wil- son, an aggressive young attorney, was admitted to the bar and became a resident attorney. In 1854 he was elected prose- cuting attorney and, in February, 1855, his brother, John L. Wilson, subsequently on the Common Pleas bench at Morrow, Ohio, was placed on the roll of local attorneys. In August, 1855, James L. Worden qualified as Circuit Judge, succeed- ing Judge McMahon, who had gone on the bench in 1851. Reuben Dawson served by appointment from January to Octo- ber, 1858. Edwin R. Wilson became Judge, October 26, 1858, and served six years.
John Colerick, prosecuting attorney (1859-60), was suc- ceeded in October, 1860, by Augustus A. Chapin, who later served as a Judge of the Allen Superior court. In August, 1861, Thomas W. Wilson became a member of the Wells county bar and, in November, 1864, James H. Schell became prosecuting attorney. In October, 1864, Robert Lowry, who was a member of the forty-eighth and forty-ninth Congresses from the Fort Wayne district, took his seat upon the Wells Circuit bench. Lowry was succeeded in 1873 by Jacob M. Haynes at the time Wells was placed in the Twenty-sixth cir- cuit. Judge Haynes was succeeded in 1877 by James R. Bobo, of Decatur. In 1885, Henry B. Sayler, of Huntington, came upon the bench, and he was succeeded in 1888 by Joseph S. Dailey, who was appointed to the Supreme bench of Indiana on July 25, 1893, to fill out the term of Judge Walter Olds. Judge Dailey remained upon the Supreme bench until January 8, 1895. The act of March 4, 1893, constituted Wells and Blackford as the Twenty-eighth circuit. Upon the resignation
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of Judge Dailey in 1893, the Governor appointed Edwin C. Vaughn to fill out his unexpired term. Judge Vaughn was elected in 1894 and again in 1900, and served until November 17, 1906. Charles E. Sturgis followed Judge Vaughn for a term of six years, the present Judge, William H. Eichhorn taking the bench on November 17, 1912.
ASSOCIATE JUDGES.
James R. Greer July 3, 1837.
John Swett July 3. 1837; resigned, July, 1840.
Samuel Ogden September 16, 1840, vice John Swett, resigned; resigned, March, 1843.
Robert T. Turner May 22, 1843, vice Samuel Ogden (resigned), to serve seven years from July 3, 1837.
Jonathan Garton August 25, 1843.
James R. Greer August 25, 1843.
William Prillaman August 27, 1850, to serve from July 3, 1851.
Samuel Good August 27, 1850, to serve from July 3, 1851.
PROBATE JUDGES.
William Wallace August 17, 1839.
William H. Parmelee_ .August 30, 1844.
·
Nun McIntire August 20, 1851.
COMMON PLEAS JUDGES.
Wilson B. Loughridge_ 1852-60.
Joseph Breckinridge 1860-64.
James W. Borden 1864-67, resigned.
Robert S. Taylor Appointed October 29, 1867-November 2, 1868.
David Studebaker 1868-69, resigned.
Robert S. Taylor. Appointed September 1, 1869-October 24, 1870.
William W. Carson 1870-72.
Samuel E. Sinclair Appointed September 5, 1872-73.
DISTRICT PROSECUTING ATTORNEYS.
Erastus K. Bascomb 1852-53. Benedict Burns 1853-54, resigned.
N. Lycurgus Perry Appointed June 15. 1854.
Amazi White 1.554-56.
Samuel Mahon 1856-58.
Lawton Burwell 1858-59. resigned.
A. V. Blair Apointed March 12. 1859. failed to qualify.
Frederick Lucas Appointed March 24. 1859.
James G. Smith 1859-60.
David T. Smith 1860-62.
David Colerick 1862-66.
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COURTS AND LAWYERS OF INDIANA
Joseph S. Dailey 1866-68.
Benjamin F. Ibach 1868-72. Jacob R. Bittinger 1872-73.
PRESIDENT JUDGES.
Charles W. Ewing May 1, 1837-January 28, 1839. The act of January 28, 1839, took Wells out of the Eighth and put it in the Eleventh.
Morrison Rulon January 30, 1839; failed to qualify.
David Kilgore Appointed March 1, 1839-December 14, 1841. The act of December 14, 1841, put Wells in the Twelfth.
James W. Borden December 15, 1841-July 31, 1851, resigned.
Elza A. McMahon Appointed July 31, 1851-October 12, 1852.
CIRCUIT JUDGES.
Elza A. McMahon October 12, 1852; resigned, August 15, 1855. Tenth circuit.
James L. Worden Appointed August 15, 1855; resigned, January 18, 1858, to become Judge of the Supreme court.
Reuben J. Dawson Appointed January 1, 1858-October 26, 1858.
Edward R. Wilson October 26, 1858-October 26, 1864.
Robert R. Lowry
October 26, 1864-March 6. 1873. The act of March 6, 1873, put Wells in the Twenty-sixth.
Jacob M. Haynes March 6, 1873-November 23, 1877. Judge Haynes was transferred from the Thirteenth to the Twen- ty-sixth by the act of March 6, 1873.
James R. Bobo November 23, 1877-March 3, 1885. The act of March 3, 1885, put Wells in the Twenty-eighth.
Henry B. Sayler March 3, 1885-November 17, 1888. Judge Saylor had been on the bench in the Twenty-eighth since August 15, 1881.
Joseph S. Dailey November 17, 1SS8; resigned, July 24, 1893. The act of March 4, 1893, constituted Wells and Black- ford the Twenty-eighth, where they have since re- mained. Dailey resigned to accept an appoint- ment to the Supreme bench to fill the unexpired term of Walter Olds.
Edwin C. Vaughn Appointed July 24, 1893-November 17, 1906.
Charles E. Sturgis. November 17, 1906-November 17, 1912.
William H. Eichhorn __ November 17, 1912; term expires November 17, 1918.
PROSECUTING ATTORNEYS.
Thomas Johnson May 1, 1837-December 3, 1838. Eighth circuit. John W. Wright. December 3, 1838-January 28, 1839. The act of January 28, 1839, took Wells out of the Eighth and put it in the Eleventh.
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Jehu T. Elliottt Appointed February 18, 1839-August 20, 1839, re- signed.
John Brownlee Appointed August 20, 1839-December 5, 1839.
Jeremiah Smith December 5, 1839-December 14, 1841. The act of December 14, 1841, put Wells in the Twelfth.
William H. Coombs. December 14, 1841; resigned, October 30, 1843.
Robert L. Douglas December 14, 1843-September 19, 1845.
Elza A. McMahon
September 19, 18-15-September 19, 1847.
James L. Worden
August 28, 1851-October 12, 1852.
John M. Connell
October 12, 1852-January 27, 1853. Tenth circuit.
Joseph Breckinridge Appointed January 27, 1853; refused to accept office and to serve until successor was elected and qualified.
James L. Worden Appointed February 17, 1853; resigned, February 1, 1854.
Edwin R. Wilson February 1, 1854; resigned, August 1, 1856.
Sanford J. Stoughton Appointed August 20, 1856-December 6, 185S.
James M. Defrees. December 6, 1858; died, May, 1859.
John Colerick Appointed May 10, 1859-October 26, 1860.
Augustus A. Chapin October 26, 1860-November 3, 1862.
James H. Schell November 3, 1862-November 3, 1866.
Thomas W. Wilson November 3, 1866-November 3, 1868.
Joseph S. Dailey November 3. 1SGS-November 3, 1876. The act of March 6, 1873, put Wells in the Twenty-sixth. This act transferred Dailey from the Tenth to the Twenty-sixth.
Joshua Bishop November 3, 1876-December 29, 1876.
Luther F. Blair Appointed December 29, 1876-October 26. 1880.
John T. France. October 26, 1880-November 17, 1884.
Edwin C. Vaughn November 17. 1884-November 17, 18SS. The act of March 3, 1SS5, put Wells in the Twenty-eighth and transferred Vaughn from the Twenty-sixth to the Twenty-eighth.
William A. Branyan November 17, 1SSS-November 17. 1892.
Samuel E. Cook
November 17, 1892-March 4, 1893. The act of March 4, 1893, constituted Wells and Blackford the Twenty-eighth, where they have since re- mained. This act also transferred Cook from the Twenty-eighth to the Fifty-sixth.
J. A. Hindman Appointed March S, 1893-November 17, 1896.
Aaron M. Waltz November 17, 1896-January 1, 1901.
John Burns January 1, 1901-January 1, 1905.
Ashley G. Ernshwiller_ January 1, 1905-January 1, 1909.
Ethan W. Secrest January 1, 1909-January 1, 1913.
Lee F. Sprague January 1, 1913; term expires January 1, 1917.
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COURTS AND LAWYERS OF INDIANA
WHITE COUNTY.
White county was organized by the legislative act of February 2, 1832, but, owing to the sparse population, the formal organization did not become effective until April 1, 1834. However, it was not until July 19, 1834, that the county commissioners held their first meeting, this being held at the house of George A. Spencer, whose house had been designated in the act organizing the county as the place for the first meeting of the courts. It was not until September 5, 1835, that the locating commissioners-John Kilgore, John D. King and James H. Stewart-reported to the county commissioners that they had located the county seat. In their report, they stated that they had taken "considerable pains to become ac- quainted with the county and that they had at last come to the conclusion to locate the seat of justice on a bluff of the Tippecanoe river, where eighty acres of land had been donated by John Barr Hiorth and John Rothrock." A donation of one hundred and ten dollars by citizens in favor of this site was also an important consideration in the eyes of the locating commissioners, especially in view of the fact that they had to look to the county for their compensation in locating the seat of justice. The political faith of the commissioners was evi- denced by their choice of a name for the new town. The first court house in Monticello was a small two-story frame struc- ture, which was erected in 1836 at a cost of five hundred dol- lars. It stood on the east side of Main street about two squares south of the present court house.
The first term of the White Circuit court convened on October 17, 1834, at the house of George A. Spencer. Only the Associate Judges, James Barnes and Thomas Wilson, Sr., were present, the President Judge, John R. Porter, being absent.
White county was first attached to the First district and continued as part of this circuit until December 14, 1841, when the Legislature placed it in the Eighth, where it re- mained until 1852. The five President Judges who served from 1834 to 1852 have been mentioned in other counties, as well as all the Circuit Judges since 1852.
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ASSOCIATE JUDGES.
James Barnes July 7, 1834.
Thomas Wilson, Sr. July 7, 1834. .
James Barnes
August 1, 1839.
Thomas McCormick August 1, 1839.
James Gay August 17, 1847, to serve seven years from July 7, 1848.
John Wilson August 17, 1847, to serve seven years from July 7, 1848.
PROBATE JUDGES.
James Kerr
August 15, 1834.
Robert Newell October 19, 1835, vice James Kerr, resigned.
William M. Kenton September 24, 1836.
Zebulon Sheets August 14, 1837.
Robert Newell
August 11, 1841; died in offiflice, 1847.
Aaron Hicks April 19, 1847, vice Robert Newell, deceased.
Aaron Hicks August 17, 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; resigned, July 1,
1861.
David P. Vinton Appointed July 1, 1861-67, resigned.
Alfred Reed Appointed March 12, 1867-November 4, 1867.
B. F. Schermerhorn 1867-69, resigned.
Alfred Reed
Appointed October 1, 1869-73.
DISTRICT PROSECUTING ATTORNEYS.
Luke Reilly 1852-54. Jolın L. Miller 1854-56, resigned.
Israel N. Stiles Appointed October 28, 1856-58.
W. C. L. Jayton 1858-60.
Lewis C. Pierce 1860-64.
Wm. DeWitt Wallace. 1864-67, resigned.
Levi M. Graham Appointed March 25, 1867.
Alfred W. Reynolds. 1867-70.
Thomas L. Merrick 1870-72.
William E. Uhl 1872-73.
PRESIDENT JUDGES.
John R. Porter April 1, 1834-January 27, 183S. First circuit. Isaac Naylor January 27. 1838-December 14, 1841. The act of December 14, 1841, put White in the Eighth.
John W. Wright December 14, 1841-January 9, 1847.
Horace P. Biddle. January 9, 1847 ; resigned, August 21, 1852.
Robert H. Milroy Appointed August 21, 1852-October 12, 1852.
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COURTS AND LAWYERS OF INDIANA
CIRCUIT JUDGES.
Thomas L. Stanfield. October 12, 1852-January 21, 1853. The act of January 21, 1853, took White out of the Ninth and put it in the Eleventh.
John Pettit Appointed January 25, 1853-February 9, 1855. The act of February 9, 1855, took White out of the Eleventh 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.
Charles H. Test. October 27, 1857-October 24, 1870.
David P. Vinton
October 24, 1870-March 5, 1875. The act of March 6, 1873, put White in the Twenty-third and the act of March 5, 1875, put it in the Thirty-ninth. The act of March 6, 1873, transferred Vinton from the Twelfth to the Twenty-third.
Bernard B. Dailey Appointed March 6, 1875-October 24, 1876.
John H. Gould
October 24, 1876-November 15, 1SSS. The act of March 15, 1877, constituted Carroll and White the Thirty-ninth, where they have since remained.
Alfred W. Reynolds. November 15, 18SS-November 19, 1894.
Truman F. Palmer November 19, 1894-November 19, 1906.
James P. Wason November 19, 1906; term expires November 19, 1918.
PROSECUTING ATTORNEYS.
William P. Bryant. April 1, 1834-January 23, 1838. First circuit.
Joseph A. Wright January 23, 1838-December 5, 1839.
Samuel C. Wilson December 5, 1839-December 14, 1841. The act of
December 14, 1841, put White in the Eighth.
Spier S. Tipton December 15, 1841-December 15, 1843.
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