Courts and lawyers of Indiana, Volume III, Part 42

Author: Monks, Leander J. (Leander John), 1843-1919; Esarey, Logan, 1874-1942, ed; Shockley, Ernest Vivian, 1878- ed
Publication date: 1916
Publisher: Indianapolis : Federal Pub. Co.
Number of Pages: 720


USA > Indiana > Courts and lawyers of Indiana, Volume III > Part 42


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ELLIOTT R. HOOTON.


Elliott R. Hooton, of Indianapolis, was born on September 7, 1867, in a log house on a farm near Danville, Hendricks county, Indiana, and is the son of John and Catherine Matilda (Worrell) Hooton, the former of whom is deceased, and who were of English and Irish descent, respectively. Mr. Hooton attended the public schools of Lebanon, Indiana. After his marriage, in 1896, he moved to Indianapolis and entered the night classes of the Indianapolis College of Law, of which Judge U. Z. Wiley was dean. He received the degree of Bachelor of Laws in 1900 and that of Master of Laws on June 12, 1902, having been admitted to the bar in the spring of 1900. He began the active practice on March 15, of the latter year, and on January 1, 1902, formed a professional partnership with Oren S. Hack, which has continued to the present time. Mr. Hooton was elected prosecuting attorney of Marion county in 1906, and was re-elected in 1908, serving four years. On June 1, 1911, after the Legislature had created the State Bureau of Inspection, Governor Marshall appointed Mr. Hooton to organize the department, the following excerpt being from his letter of May 17 to Mr. Hooton :


"I am constrained, therefore, to ask of you the personal favor of ac- cepting the appointment as chief inspector to have charge of said bureau, for the purpose of organizing the same, with the understanding that if, after it be organized, the work is not congenial to you, I will not take it as a personal affront should you not desire to continue longer in the office. In other words, the request which I am presenting to you is to organize the department."


During the great flood of 1913, Governor Ralston sent Mr. Hooton to Peru, Indiana, to investigate conditions, it having been impossible to get in touch with the local authorities there. Mr. Hooton made a personal investigation and succeeded in establishing telephone connection with the


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Governor, thus giving the first accurate information as to conditions in the afflicted city. In the spring of 1913 Mr. Hooton resigned from the Bureau of Inspection and resumed the practice of law. He is a member of the Indianapolis, Indiana State and American Bar Associations; belongs to the Indiana Democratic Club, the Deutsche Haus, the Board of Trade and the Chamber of Commerce; is a York Rite Mason, a member of the Mystic Shrine and the Knights of Pythias.


Mr. Hooton was married, on January 21, 1896, to Amelia Becker, of Indianapolis, the daughter of Philip and Emily (Holler) Becker.


FRED C. GAUSE.


Fred C. Gause, of Newcastle, was born at Green's Fork, Wayne county, Indiana, August 29, 1879. He is a son of Dr. Thomas and Christina (Boone) Gause, both parents being natives of this state. He was edu- cated in the Newcastle high school and Indiana University. He read law with John M. Morris and Eugene H. Bundy and was admitted to the bar in 1901. He practiced alone till November, 1914, when he was elected circuit judge of the Fifty-third circuit. In the meantime he had been county attorney ten years. He is a Knight of Pythias and a Republican. On May 10, 1904, he married Mollie Cummins, of Bluffton. They have one child, Katharine.


ALBERT D. OGBORN.


Albert D. Ogborn, of Newcastle, was born on a farm in Wayne county, September 25, 1864. He is a son of Edwin F. and Jane (Bradbury) Og- born. His education was secured in the common schools of Wayne county. He was court reporter of Henry county from 1889 to 1900, excepting a year spent in the army during and following the Spanish-American War. While court reporting he began studying law in the office of Mark E. Fork- ner and was admitted to the bar and began practice in 1894. He has always practiced alone. From 1900 to 1904 he represented Henry county in the state Senate. From 1900 to 1908 he was secretary to Harry S. New, national committeeman. He is a Mason, a Knight of Pythias, and a Republican. He married Laura Quick, of Franklin, January 29, 1906. They have one child, Jane.


CHARLES E. HENDERSON.


Charles E. Henderson, of Indianapolis, was born on January 31, 1871. at St. Paul, Indiana. He is a son of Thomas A. and Nettie (Markel) Hen- derson. After attending the common schools he graduated from the Uni- versity of Oregon in 1893 (A. M. 1896) ; University of Michigan Law School, 1895; following this he was admitted to the Greene Circuit court bar in 1895 and there remained till 1906 when he was elected Circuit judge on the Republican ticket. In 1913 he removed to Indianapolis and soon formed a partnership with Clinton B. Marshall which continued till June 1. 1915, since when he has been alone. He was a representative in the 1897


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General Assembly ; delegate to the Republican national convention of 1908. He is a thirty-second degree Mason, a Shriner, a member of the Columbia and Marion Clubs, and a Republican. On September 30, 1896, he married Margaret Cavins, daughter of Aden G. Cavins, colonel of the Ninety-seventh Indiana in the Civil War. Mrs. Henderson is a granddaughter of Hugh L. Livingston, a pioneer lawyer of the state. Mr. and Mrs. Henderson have two children, Amelia and Lawrence L. Their home is at 2716 North Meridian street, Indianapolis.


DANIEL L. BROWN.


Daniel L. Brown was born in Marshall county, Indiana, on August 14, 1846. His father and mother were Henry J. and Sarah F. Brown, and were farmers in that county. Mr. Brown was educated in the common and high schools of Laporte county. During the Civil War he served in the Eighty-seventh Regiment, Indiana Volunteer Infantry, and was severely wounded on June 20, 1864, at Kenesaw Mountain, Georgia. From 1870 to 1874, he was sheriff of Laporte county. In the latter year he was ad- mitted to the bar. He next moved to Concordia, Kansas, where he served as mayor and probate judge three terms. In 1892 he returned to Indian- apolis and opened a law office, making a specialty of insurance litigation. He is a member of the Grand Army of the Republic, the Independent Order of Odd Fellows, the Knights of Pythias, and politically, is an adherent of the Republican party. He married Elizabeth M. Carpenter, and they are the parents of three children. The youngest of these is Daniel L. Brown, Jr., who is a practicing attorney of Indianapolis. He is a graduate of the Indiana Law School, and was admitted to the bar in 1899.


WALTER MYERS.


Walter Myers, of Indianapolis, was born on December 19, 1882, in Rye township, Perry county, Pennsylvania, and is a son of George R. and Helen Henrietta (Heishley) Myers. His father was born in Pennsylvania and was of English, Scotch-Irish and French extraction, while his mother was of German descent. Walter Myers, after attending the country school of his home township, was a student in New Bloomfield academy one full year and two spring terms, graduating in 1901. He then entered Yale University, where he graduated in 1905, with the degree of Bachelor of Arts. He then studied in Indiana University, receiving the Bachelor of Laws degree in 1907. In 1906 he was admitted to the bar in Monroe county and, the following year, located in Indianapolis, where he formed a partnership with Merrill Moores, now congressman from the Seventh district. This association was terminated on January 1, 1913, when Mr. Myers formed a professional union with Joseph E. Bell, now mayor of Indianapolis. Mr. Myers is assistant city attorney and since January 1, 1916, has been attorney for the Indianapolis department of public parks, and, since May 1, 1915, attorney for the department of public health and charities. From the fall of 1911, to December, 1913, he was secretary of


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the Indiana branch of the National Citizens League, the object of which was the promotion of a sound banking system and which organization pre- sented to Congress the draft of the Federal Reserve Banking act, which was afterward adopted, with some modifications. From 1905 to 1907 Mr. Myers was instructor at Indiana University in the department of social science and economics and, for a time, in the department of interna- tional law. He has served as one of the editors of Cyc, contributing ar- ticles on "Reformation of Instruments" and "Prisons." He is the editor of "Jones Legal Forms" (Bobbs-Merill), and author of the third volume of "Thompson's Indiana Forms." While a student at Yale, Mr. Myers wrote many humorous sketches, which were published in the New York Sun and New York World. He is a member of the I'hi Delta Phi and Phi Beta Kappa fraternities, the Indianapolis Bar Association, the Indiana Demo- cratic Club, the Deutsche Haus, the Players Club and the Indianapolis Tennis Association ; is also a thirty-second degree Scottish Rite Mason and a member of the Mystic Shrine.


Mr. Myers was married, on June 4, 1913, to Katharine Lyons. of Charlottesville, Virginia, the daughter of Thomas B. and Mary (Norwood) Lyons, and to this union two children have been born. Judge Lyons was formerly a resident of Louisiana and was an aide-de-camp on the staff of Gen. Robert E. Lee during the Civil War, and was also a member of the first Louisiana. Legislature after the close of the war.


FRANK H. DUNNAHOO.


Frank H. Dunnahoo, of South Bend, was born on a farm in St. Joseph county, April 5, 1873. He is one of the six children of Griffin S. and Phoebe Ann (Ward) Dunnahoo. He attended his neighborhood schools and in due time entered the University of Michigan. In 1804, he grad- uated from the university and begun the practice of law in South Bend. He was in partnership with A. L. Brick to 1899. From 1902 to 1910 he was city attorney for .South Bend. He is a member of both the St. Joseph County and Indiana State Bar Associations; a Mason, a Knight of Pythias. an Elk, a Maccabee, a member of the Indiana Club, and a Democrat. He married Mary Alice Dunlap.


DELPH L. MCKESSON.


Delph L. Mckesson, former prosecuting attorney for the Forty-first Indiana judicial district, now practicing his profession at Plymouth. is a native of Indiana, born in Kosciusko county, February 14, 1879, one of the eleven children born to his parents, William and Elizabeth ( Carpenter) Mckesson, the former of whom, a well-to-do stockman, was a native of Ohio. Upon completing the course in the Tyner school he began teaching school and later completed his studies in Valparaiso University. He taught school for fifteen years and was principal of the Webster school at Ply- mouth for five years. In the meantime he had been pursuing his legal studies and in 190S was admitted to the bar, but did not enter actively


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upon the practice of his profession until 1911. In 1912 he was elected prosecuting attorney on the Democratic ticket and was re-elected in 1914, but was not a candidate for re-election in 1916, preferring to devote his entire attention to his practice. Mr. Mckesson is a member of the County Bar Association and of the Indiana State Bar Association; is past master of his Masonic lodge, is a Knight Templar and is also a member of the Independent Order of Odd Fellows and of the Knights of Pythias. He married Rachel A. Jones, daughter of George W. Jones, of Wabash county, Indiana, and to this union two children have been born, Fern N. and Dale E. The Mckessons are attendants of the Methodist Episcopal church.


JOHN F. DEVINE.


John F. Devine, junior member of the law firm of Howell, Jones & Devine, of South Bend, Indiana, was born in the city of Chicago, De- cember 16, 1889, son and only child of John F. and Margaret (Kinsella) Devine, the former of whom is now a retired merchant of South Bend. Upon completing the academic course in Notre Dame preparatory school he entered Notre Dame University, from which he was graduated in 1912, immediately thereafter taking the bar examination in the state of Illinois, after which license to practice was issued. He then was admitted to the bar and entered the practice in the city of Chicago. He came to South Bend in 1913. In 1916 he was the Republican nominee to the office of pros- ecuting attorney for St. Joseph county. Mr. Devine is a member of the St. Joseph County Bar Association and is affiliated with the Fraternal Order of Eagles, Loyal Order of Moose and the Benevolent and Protective Order of Elks. He was married on May 17, 1913, to Kittie Leeper, daugh- ter of Sam Leeper, and they have two boys, John F. and Sam.


HARRY BERNETHA.


Harry Bernetha, former judge of the Forty-first Indiana judicial cir- cuit, member of the law firm of Holman, Bernetha & Bryant, at Rochester, in which city he has practiced his profession since 1890, is a native of Indiana, born at Royal Center, Cass county, May 12, 1867, son of James A. and Elizabeth J. (Washburn) Bernetha. Upon completing the course in the public schools he began reading law in the office of McConnell & McConnell at Logansport and later read in the office of Essick Montgomery. He was admitted to the bar in 1889 and opened an office for practice at Rochester in 1890. He served as prosecuting attorney for the Forty-first judicial circuit and in 1902 was elected judge of that circuit, being re- elected in 1908. Judge Bernetha declined a re-nomination and upon re- tiring from the bench in 1914, formed his present association with George W. Holman and Frank E. Bryant, under the firm name of Holman, Ber- netha & Bryant. Judge Bernetha is president of the Fulton County Bar Association and is a member of the Indiana State Bar Association. He is a Democrat, a Mason, a Knight of Pythias, a Red Man and a Knight of the Maccabees. He is a member of the board of directors of the Indiana


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Bank and Trust Company of Rochester. Judge Bernetha was married on August 30, 1890, to Rhoda Delp, daughter of the Rev. E. J. Delp, and to this union three children were born, of whom two survive, Madge, wife of John Allison, and Mildred, wife of Julian I. Meyer. Mrs. Bernetha died on March 5, 1916.


GILBERT A. ELLIOTT.


Gilbert A. Elliott was born in South Bend, October 11, 1879. He is a son of Gilbert L. and Anna (McElroy) Elliott. The father was born in India where the grandfather was a captain in the English army. The par- ents located at South Bend in 1870. Gilbert A. Elliott was educated in the schools of South Bend, finishing the high school in 1898, and the University of Michigan, from the law department of which he graduated in 1903. In 1904 he was admitted to the bar and began practice with Wilbert Ward. He has since practiced in South Bend, being a partner in the firm of Elliott & Elliott. In 1904 he was elected a representative in the General Assembly and re-elected in 1906. He is a Mason, an Elk, a Republican, and a mem- ber of the Commercial Athletic Club. He married Florence Dunning, of Indianapolis, Indiana. They live at 976 Riverside drive, South Bend.


CHARLES T. HANNA.


Charles T. Hanna was born on December 27, 1869, at Fortville, Indiana. He is one of four children born to George A. and Eliza (Springsteen) Hanna. His early life was spent at Fortville, where his parents lived. He attended the common schools, taught school two years, and attended Indiana University two years and later graduated from the Indiana Law School at Indianapolis in 1897, and read law for a year with John R. Wilson, of Indianapolis. In 1899 he formed a law partnership with Thomas A. Daily, which still exists. In 1907 he was appointed judge of the Superior court of Marion county, which office he held two years. He is a member of the Indianapolis and Indiana State Bar Associations and is a Progressive in politics. His residence is at 2905 North Pennsylvania street, Indianapolis.


ENOCH MYERS.


Enoch Myers, senior member of the law firm of Myers & Emmons, at Rochester, and active in practice in that city since 1881, is a native of Indiana, born in Fulton county, August 5, 1849, son of John and Elizabeth (Curtner) Myers, his father being a native of Pennsylvania and his mother of Tennessee. They were married in Carroll county in 1832 and later removed to Fulton county. His mother died in 1877 and his father in 1886. Upon completing the course in the public schools Enoch Myers began teach- ing, later being elected superintendent of schools of Fulton county. In the meantime he read law in the office of Jacob S. Slick at Rochester and in 1881 was admitted to the bar. He at once entered upon the practice of his profession at Rochester and not long afterward was appointed deputy


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prosecuting attorney. Mr. Myers is one of the veterans of the bar in his section of the state, and is a member of the Fulton County Bar Associa- tion. His present association with Charles E. Emmons, one of the young- er members of the bar at Rochester, was formed on January 1, 1913, and the firm has offices in the First National Bank building. Mr. Myers is a Democrat, a member of the Knights of Pythias, and of the Knights of the Maccabees. He married Hala Troutman, daughter of Capt. Peter S. Troutman, and has one daughter, Glendolyn, who married Dr. Perry Heath, a dentist at Rochester.


DANIEL E. BOONE.


Daniel E. Boone, of Hammond, Indiana, a member of the bar of Lake county, was born in Kentucky on May S, 1862, the son of Phillip and Susie (Miller) Boone. He received his early education in the public schools, and later entered Valparaiso University, from which institution he was gradu- ated in the class of 1895. He was admitted to the bar the same year, and has been actively engaged in the practice of his profession since. He served as state's attorney for a period of four years, beginning in 1904, serving up to and including 190S. He is a member of the Lake County Bar Association, and also a member of the city council of Hammond, hav- ing been elected to the latter position in January, 1914. In politics he is a Republican. He is a member of the Masonic Order, and of the Inde- pendent Order of Odd Fellows.


Mr. Boone married Bertha Prell, a daughter of Michael Prell, and to this union one child has been born. He is a member of the Methodist Episcopal church.


SMITH N. STEVENS.


Smith N. Stevens, Judge of the Forty-first Indiana judicial circuit, comprising the counties of Marshall and Fulton, and a practicing attorney at Plymouth since 1SS4, is a native of Indiana, born in Fulton county, September 29, 1858, son of Finley and Elizabeth (McIntyre) Stevens, the former of whom died in 1890. Upon completing the course in the public schools he entered Valparaiso University and following his attend- ance there was admitted to the bar in 1SS2. He did not actively enter upon the practice of his profession, however, until 1884, in which year he opened an office at Plymouth, where he ever since has made his resi- dence. In 1890 he was elected prosecuting attorney and was re-elected, serving for two terms. He then served as county attorney for seven years and in November, 1914, was elected Judge of the Forty-first judicial district for a term of six years. Judge Stevens is a member of the County Bar Association and of the Indiana State Bar Association. He also is a member of the Masonic order and his wife is a member of the Methodist church. Mrs. Stevens, before her marriage, was Martha A. Martin, daugh- ter of Dr. J. S. Martin, of Plymouth. To Judge and Mrs. Stevens two children have been born, Katherine and George F.


&Bone


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MARK E. FORKNER.


Mark E. Forkner, of Newcastle, was born in Liberty township, Henry county, Indiana, January 26, 1846. He is a son of Micajah and Elizabeth (Allen) Forkner. He was educated in the district schools and had three years training in the Newcastle Academy. While in the academy he read law in the office of Joshua H. Mellett, teaching three months each year to pay expenses. In 1866 he was admitted to the bar and at once began practice. In the spring following he formed a partnership with Joshua H. Mellett with whom he practiced till 1870 when Mellett became judge; then with E. H. Bundy until 1876; thence alone until May 11, 1881, when he was appointed judge. After serving out a special term and a full term from 1882 he resumed practice. He is now in partnership with his son, George D. Forkner. In 1874 he was elected by the Republicans to the House of Representatives and served one term. He married Rebecca (Donohue) Elliott, June 22, 1869. They have two children, George D. (Indiana University, 1898), and Caroline (Indiana University, 1902.)


URIAH STOKES JACKSON.


Uriah Stokes Jackson was born in Hancock county, July 6, 1847. He was educated in the schools of Hancock county where he served as town- ship trustee, 1876 to 1SS0; sheriff, 1884 to 1SSS; chairman of the Hancock Democratic county committee; committeeman of the Sixth district, 1004; delegate to the national conventions of 1896 and 1906; chairman of the state central committee in 1908 and 1910. He began the practice of law with Edward W. Felt in 1889, continuing until the latter went on the Circuit bench in 1900; then with Robert L. Mason, till he went on the Circuit bench in 1906; then with Earl Sample till he went on the Circuit bench in 1912. At this time he was chosen sergeant-at-arms of the national House of Representatives where he served till his death, July 22, 1912. In 1864 he married Mary T. Thomas. They had seven children, of whom four survive, Earl, Omer S., Mrs. Horace Boyd and Ora Meyers. Mrs. Jackson died in 1910. On April 9, 1911, Mr. Jackson married Grace Gard- uer, daughter of Prof. George B. Gardner, of Hillsdale, Michigan.


EMSLEY WRIGHT JOHNSON.


Emsley W. Johnson, of Indianapolis, was born on a farm in Marion county, May 8, 1878. He is a son of Joseph M. and Mary ( Wright) John- son, both natives of Marion county. He was educated in the district schools of Pike township and the high school of New Angusta, finishing the latter in 1806. He graduated from Butier College in 1900: from the University of Chicago, 1901; from the Indiana Law School, 1903. In 1903 he was admitted to the Indianapolis bar and has since practiced there. Since January 1, 1916, he has been county attorney. He is a member of the Marion County and Indiana State Bar Associations, a member of the Lawyers Club; vice-president of the New Augusta and Broad Ripple State Banks; a director in the Peoples State Bank of Indianapolis, and owns


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and operates a stock farm in Marion county. He is a Mason, a Red Man, a member of the Sons of Veterans, an Odd Fellow, and a Republican. On August 8, 1906, he married Katherine Griffin, of Greenfield. They have two children, Mardenna and Emsley Wright, Jr.


WILLIAM J. HOUCK.


William J. Houck, of Marion, was born in a log cabin in Jay county, Indiana. He is the fourth in a family of nine children born to Samuel B. and Mary (Iiams) Houck, both natives of Ohio. He secured a good edu- cation in the schools of Marion and Jonesboro, finishing his studies in Ridgeville College, Randolph county, graduating in June, 1880. He began teaching at the age of fifteen, continuing teaching in the vicinity of Cin- cinnati while he took the law course in the Cincinnati Law School. Re- turning to Portland, he entered the law office. In June, 1881, he was elected county superintendent of schools and served till 1888. He then bought and edited the Marion Democrat (which name he changed to Marion Leader) till 1895, when he began practicing law and has since continued at Marion. In 1900 he made an unsuccessful race for Congress on the Democratic ticket. He married Eliza C. Shrack, June 2, 1881. They have no children.


WALTER A. FUNK.


Walter A. Funk, of South Bend, was born on a farm in Elkhart county, Indiana, December 18, 1857. He was educated in the district schools and in Goshen Normal School and Valparaiso University, graduating in 1881. His legal training was secured in the law school of the University of Michigan, graduating in 1885; in the office of Harsen D. Smith, of Cassopolis, Michigan, and in that of Andrew Anderson, of South Bend. In 1886 he located at South Bend, where he has since remained. In 1900 he was elected Circuit Judge and has served continuously since. In 1892 he married Mary E. Harris. They have one child, William Harris Funk.


LLEWELLYN E. DAVIES.


Llewellyn E. Davies, attorney-at-law at Aurora, is a native of West . Virginia, born in Mason county, that state, January 5, 1885, son of the Rev. Samuel E. and Nellie I. (Wilson) Davies, the former a native of Virginia and the latter of Ohio. The Rev. Samuel E. Davies is a Baptist minister, now stationed at Brazil, Indiana. His wife died at Aurora, Indiana, in 1894. Llewellyn E. Davies was eight years old when his parents moved to Aurora and he was graduated from the high school in that city in 1903. In the fall of 1904 he entered the law school of the University of Cincinnati and was graduated from that institution with the degree of Bachelor of Laws in 1906. In that same year he was admitted to the bar of the Dearborn Circuit court and began practice at Aurora in partnership with William S. Holman, Jr., son of the late William S. Holman, for many years representative in Congress from that




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