USA > Indiana > Marion County > Indianapolis > Greater Indianapolis : the history, the industries, the institutions, and the people of a city of homes > Part 120
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P. Fishback and others of lesser fame but of distinguished ability. The firm of which he was a member was recognized as one of the strongest in the state and its business was of broad scope and of important ramifications. Mr. Miller thus became concerned in many of the most notable litigations in both state and federal courts of Indiana, and no mem- ber of the bar of this favored commonwealth has held a more secure reputation for per- sonal integrity and honor, for distinctive abil- ity, and for deep appreciation of the dignity and responsibility of his profession. The officially recorded history of legal affairs in the state and nation bears ample testimony of his splendid forensic successes in large and important work. In a limited sketch, such as this, it is unfortunately impossible to enter into details concerning his profes- sional career.
During these years of close application and unswerving allegiance to the work of his pro- fession Mr. Miller gave but little palpable evidence of his interest in political affairs, but he became a trusted adviser of many of the leaders of the Republican party in his home state. His interposition was specially demanded in connection with politico-legal questions, and when such matters became a matter of court proceedings, he was almost invariably called upon to appear as counsel for his party and its candidates. In such a capacity he was most conspicuously concerned in the case brought before the courts inci- dental to the adoption of the amendment of the State Constitution, in 1878, as well as in the contest concerning the office of lieu- tenant governor, in 1886. For many years prior to the nomination of General Harrison for the presidency, Mr. Miller had been the professional associate and confidential adviser of that distinguished statesman, and when General Harrison became the nation's chief executive it was but natural that he should want his long-time friend and valued coun- sellor in his cabinet. Though well known as one of the representative members of the bar of his home state, Mr. Miller came to the office of. United States attorney general, in 1889, without national reputation and untried as an executive officer.
Mr. Miller early manifested that dialectic power and broad grasp that have made him one of the distinguished lawyers of the state and nation. While appearing in connection with causes presented before the Federal courts in Indianapolis he formed the ac- quaintance of General Benjamin Harri- son, in honor of whose distinguished grand- father he himself was named. This acquaint- anceship ripened into mutual esteem and ad- miration, and upon the retirement of Hon. Albert G. Porter, who later became governor of the state, from the law firm of Porter, Harrison & Hines, in 1874, Mr. Miller was invited to become a member of this strong alliance. He gladly accepted the overtures thus made and the name of the firm was changed to that of Harrison, Hines & Miller At the very outset of his official career there came up for adjustment matters of exceptional importance, both in matters legal and administrative, and Mr. Miller gained wide recognition for his masterful handling of all problems presented to him. In the celebrat- ed Terry case his fortunate and unprecedented and universal commendation. On learning upon his admission to partnership. From that time forward until he was appointed attorney general of the United States, Mr. Miller gave his undivided attention to the practice of his profession, in which he soon achieved a position of leadership, in compe- tition with such leaders of the bar as Joseph . action early attracted wide public attention E. McDonald, Thomas A. Hendricks, William
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that there was danger that David S. Terry, a notoriously prominent member of the Cali- fornia bar, would attack Mr. Justice Field of the United States Supreme Court, when the latter should appear on the California circuit, Attorney General Miller promptly and emphatically directed the United' States marshal of that state to afford the distin- guished justice the most careful protection. In compliance with these instructions, Deputy Marshal Nagel was detailed to personally at- tend upon Justice Field. Terry was killed by Nagel in the very act of making a deadly assault upon the venerable jurist, and as the result of his death the authority of the dep- uty marshal was questioned. An attempt was made by the state authorities of California to prosecute him for the murder of Terry, and in this action Mr. Miller directed the defense of the deputy marshal on the high ground that, independently of all statutes, it was the constitutional duty of the executive branch of the federal government to protect the judiciary. On this lofty plane, unsup- ported by decided precedent or statutory au- thority, the issue was valiantly waged, and the attorney general was sustained by de- cisions in both the United States Circuit Court and the Supreme Court, before the lat- ter of which he presented the cause in person and with such distinctive ability as to add materially to his high professional reputation.
While incumbent of the office of attorney general Mr. Miller maintained a close super- vision of all government cases presented in the courts and was personally engaged in a large number of the most important and difficult of these cases, among which may be mentioned the Behring Sea litigation, the constitutional validity of the Mckinley tariff law, and the interstate commerce and anti- lottery laws. On three occasions he was called upon to present to the Supreme Court of the United States resolutions of the bar on the death of members of this highest of our national tribunals. His addresses on these occasions were marked by simplicity and by gentle and gracious eloquence, with an entire absence of ornate phraseology and fulsome adulation-qualities that too often character- ize such tributes.
Concerning Mr. Miller's career as attor- ney-general of the United States the follow- ing pertinent statements have been written and are worthy of perpetuation in this ar- ticle: "In the administrative functions of his office he inaugurated a vigorous policy and endeavored. effectively in many in- stances, to correct the abuses in the enforce- ment of the laws and to secure their impar-
tial administration. He exercised particular care in recommendations to the president for the appointment of United States judges, an unusual number of whom were appointed under President Harrison's administration, and the result was that the selections were generally commended by members of all par- ties."
Upon his retirement from the office of at- torney-general, in March, 1893, Mr. Miller returned to Indianapolis, where he resumed the active practice of his profession, as a member of the firm of Miller, Winter & Elam, which was later succeeded by the present firm of Miller, Shirley & Miller, in which his part- ners are Mr. Cassius C. Shirley and Mr. Miller's son Samuel D. Fortified by broad experience in active professional work of an independent order, and through his vigorous and effective service as attorney-general of the United States, Mr. Miller naturally com- mands a place of leadership at the bar of In- diana, and the firm of which he is the head has a large and representative clientage.
Being asked upon one occasion what men- tal trait was, in his opinion, most essential to the success of a lawyer Mr. Miller said: "The mental trait most essential to the suc- cess of a lawyer is the ability to see resem- blances amid differences and differences amid resemblances." His career testifies that he possesses this quality in a marked degree.
In the presentation of legal questions to the courts his arguments are always master- pieces of logic illuminated by apt illustration. A learned justice of the Supreme Court of the United States once said of him: "The great power of his arguments is largely due to the marvelous aptness of his illustrations." Mr. Miller has, from earliest boyhood, been a diligent and discriminating reader of the best literature; his knowledge of the history of the United States and England is excep- tional, both as to extent and accuracy, due to his rare ability to absorb, assimilate and retain knowledge.
In 1889, soon after he became attorney-gen- eral, Mr. Miller's alma mater conferred upon him the degree of Doctor of Laws. He also served several years as a Trustee of Hamil- ton College and resigned because the pressure of his engagements made impracticable his attendance at meetings. For a number of years he was an elder of the First Presby- terian Church of Indianapolis, finally de- cliting a re-election; he is a corporator of the Crown Hill Cemetery Association of In- dianapolis, a Director of the Marion Trust Company, one time President of the Indian- apolis Bar Association, a member of the Co-
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lumbia Club of Indianapolis, and the Mili- tary Order of the Loyal Legion, the latter by virtue of his services as an officer in the war of the rebellion.
On the 23rd of December, 1863, was solem- nized the marriage of Mr. Miller to Miss Gertrude A. Bunce, a daughter of the late Sidney A. Bunce, an influential citizen of Vernon, New York, in which state Mrs. Mil- ler was reared, she having been born in Ohio.
Mr. and Mrs. Miller have one son and two daughters; the son, Samuel D. Miller, as al- ready noted, is a member of the firm of Mil- ler, Shirley & Miller, and of him more spe- cific mention is made on other pages of this volume. The elder daughter, Florence, is now the wife of Clifford Arrick of Indian- apolis; and the youngest daughter, Jessie, is the wife of Augustin M. Hopper of Balti- more, Maryland.
SAMUEL D. MILLER. Though his honored father stands as one of the most distin- guished members of the Indiana bar, Samuel Duncan Miller does not rest in the shadow of paternally professional greatness, but has achieved through his own ability and labors a position of prominence as one of the rep- resentative attorneys and counselors at law in the City of Indianapolis, where he is asso- ciated with his father and Cassius C. Shir- ley in active general practice, under the firni name of Miller, Shirley & Miller. He is a native of Indiana and his loyalty to his home state is of impregnable order, marked by high civic ideals and definite interest in all that touches its welfare.
Samuel Duncan Miller was born in the City of Fort Wayne, Indiana, on the 25th of September, 1869, and is a son of Hon. William Henry Harrison Miller, a review of whose career appears on other pages of this work, so that it is not necessary to repeat the data in the present article. Mr. Miller was five years of age at the time of his parents' removal to Indianapolis, and here he was reared to maturity under the influences of a home of significant culture and refinement. He duly availed himself of the privileges af- forded in the city schools, and after leaving the high school he continued his academic studies in the Indianapolis Classical School, in which he prepared for college. In 1886 he was matriculated at his father's alma mater. Hamilton College. in Oneida County, New York, in which institution he completed the classical course and was graduated as a member of the class of 1890, duly receiving his well earned degree of Bachelor of Arts. He then passed one year in the law depart-
ment of Columbia University, in New York City, after which he was matriculated in the law department of the National University, at Washington, D. C., from which he was graduated in 1892 and from which he re- ceived the degree of Bachelor of Laws. In March, 1893, he was admitted to the bar of his native state, at Indianapolis, and he soon became the junior member of the law firm of Hord, Perkins & Miller, in which connection he was engaged until the Autumn of 1895, when he went to New York City, where he continued in the work of his profession until 1899 and where he gained valuable experience through his association with important inter- ests and appearance in connection with varied litigations in the different courts of the metropolis. In the year last mentioned Mr. Miller returned to Indianapolis, where he be- came a member of the firm of Miller, Elam, Fesler & Miller, and since May, 1906, has had his present connection with the firm of Mil- ler, Shirley & Miller, which controls a large and representative professional business.
From March, 1891, to March, 1893, Mr. Miller held the office of private secretary to the Secretary of War, having thus served in turn under Secretaries Redfield, Proctor and Stephen B. Elkins. He is a member of the Indianapolis and Indiana Bar Association, is a stanch advocate of the principles of the Re- publican party and he has taken a loyal part in furthering the interests of his party in his home state. He holds membership in the Columbia, the University, the Country, the Indianapolis Literary and the Dramatic Clubs of Indianapolis, is affiliated with the Chi Psi College fraternity, of which he be- came a member while a student in Hamilton College, and is a member of the Indiana Com- mandery of the Military Order of the Loyal Legion of the United States, for which he is eligible by reason of the service of his father in the War of the Rebellion. In June, 1910, Mr. Miller was elected a member of the Board of Trustees of Hamilton College among the other members of which are Vice-Presi- dent James S. Sherman and Senator Elihu Root.
On the 23rd of October, 1907, was recorded the marriage of Mr. Miller to Miss Amelia Owen, who was born and reared in Evans- ville, Indiana, and who is a daughter of the late Dr. A. M. Owen, an eminent physician and surgeon who was long engaged in the practice of his profession at Evansville. Mr. Miller has one son by a former marriage, Sid- ney Stanhope, born September 27. 1893. His second son, William Henry Harrison II,
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named for his paternal grandfather, was born November 10, 1908.
HENRY P. COBURN. A gracious, noble per- sonality was that of Henry P. Coburn, who was one of the able and distinguished mem- bers of the early bar of the State of Indiana, where he took up his residence in the year which marked its admission as one of the sovereign commonwealths of the Union. It is easy to attribute the elements of greatness to any man who has been in the least conspicu- ous in public affairs, but in the perspective of years each presentment assumes its true value and an unequivocal verdict may be ren- dered. The fame of Mr. Coburn rests on the firm basis of work accomplished and honors worthily won, and in studying his clear-cut, sane, distinct character, interpretation fol- lows fact in a straight line of derivation. His character was the positive expression of a strong and loyal nature, and the laurels of high accomplishment were his, as well as the honors of a worthy ancestry. He may con- sistently be designated as the father of the public school system of Indiana, and his la- bors in the causes of education and morality and civic advancement entitle him to a place of distinction in the history of the state. Above all and dominating all was the per- sonal exaltation of character which denoted the man in all the relations of life. His was the faith that makes faithful, and this fidelity to duty in every form is what makes his character distinct, noble and inspiring. Strong in his convictions, but never intoler- ant, always firm in the right, but with no room in his heart for revenge or animosity, compassion and sympathy dwelt with him as constant guests. . Flattery could not cajole him into compromise, nor power awe him into silence. His life, character and services are pre-eminently entitled to careful study, and such investigation can not but beget a feeling of objective appreciation, reverence and in- centive. He well exemplified the truth of the statement that. "The bravest are the ten- derest; the loving are the daring."
Mr. Coburn followed the work of his chosen profession during the entire period of his residence in Indiana and for more than thirty years he was incumbent of the office of clerk of the supreme court of the state. He was an influential factor in the pioneer epoch of this commonwealth,-to whose eco- nomic, social and industrial advancement and upbuilding he contributed in generous meas- ure.
Henry P. Coburn was born at Dracut, Mid- dlesex County, Massachusetts, in the year 1790, and there the family was founded in
the colonial epoch of our national history. The lineage is traced to sterling English origin, and the original representative of the name came to America with the Puritans in the latter part of the seventeenth century, settling on the east bank of the Merrimac River, in Middlesex County, Massachusetts, in what is now known as Dracut Township. Descendants of the original settlers still own and occupy the land there purchased from the Indians over two centuries ago, and the recorded title is given as being received from, "John Thomas, a Sagamore of Natic." Cap- tain Peter Coburn, grandfather of the sub- ject of this memoir, was born in 1737, at Dra- cut, where he continued to maintain his abode until his death, which occurred in the year 1813. He served as a patriot soldier during the War of the Revolution, in which he held commission as captain of his company. He commanded a company of minute-men at the Lexington alarm and was in command of his company in the battle of Bunker Hill, where his company was a part of the regiment of Col. Ebenezer Bridge. He married Dolly Varnum, who was born in 1739 and whose death occurred in 1765.
Peter Coburn, Jr., son of Captain Peter and Dolly (Varnum) Coburn, was likewise a native of Middlesex County, Massachusetts, and his entire active career was one of close identification with the great basic industry of agriculture. Though he was too young for regular enlistment at the inception of the Revolution, his youthful patriotism was such that he entered the Continental service when but a boy, taking part in the battle of Bun- ker Hill and continuing in the ranks until the glorious cause of independence had been won. His wife, whose maiden name was Elizabeth Poor, was born in 1766 and died in 1841. They reared a large family of chil- dren. Peter Coburn, Jr., was a man of in- telligence and industry, and through his well directed endeavors he gained a due measure of success, becoming a substantial and in- fluential citizen of his community.
Henry P. Coburn, son of Peter and Eliza- beth (Poor) Coburn, was reared to the sturdy and invigorating discipline of the old home- stead farm, and was afforded the best of edu- cational advantages, as is evident when rec- ognition is taken of the fact that he was graduated in Harvard College, as a member of the class of 1812. After the completion of his college course, in connection with which he received the degree of Bachelor of Arts, he took up the study of law under ef- fective preceptorship and soon gained admis- sion to the bar of his native state. Not long
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afterward the brilliant young lawyer decided to cast his lot with the new State of Indiana, where he took up his residence in 1816, the year of its admission to the Union. He first located in the little village of Corydon, the original capital of the new state, and within a short time after coming to Indiana he pur- chased a tract of land near Mount Vernon. He soon gained precedence as one of the leading members of the bar of the new com- monwealth, and his professional facilities were far above those of the average lawyer of the locality and period, as he had brought with him into the west an excellent law library, as one of select general order. He continued the practice of his profession in Corydon until after Indianapolis had been made the state capital, and in 1824 he re- moved to the little village which represented the new seat of government. During the re- mainder of his life he followed the work of his profession in Indianapolis, and his ability and personal popularity caused his services to be much in requisition in connection with court proceedings in various counties in the central part of the state. It is interesting to here perpetuate a notice that appeared in the Indianapolis Gazette of January 30, 1826: "Hiram Brown and Henry P. Coburn will practice law in the federal court and Marion County courts in partnership. They reside in Indianapolis and keep their law office opposite Henderson & Blake's tavern (the present site of the New York Store in Washington street), one door east of the Journal printing office. Hiram Brown will practice in the supreme court." Mr. Coburn was ineligible for practice in the supreme court of the state by reason of the fact that, while residing at Corydon, he had been ap- pointed clerk of that tribunal soon after the admission of the state to the Union. He was the second to be made incumbent of this office, his predecessor having died within one year after his appointment. Through suc- cessive reappointments by the members of the supreme court Mr. Coburn continued in- cumbent of the office of clerk until 1852, when, by the provision of the new constitu- tion, the election of the clerk of the supreme court was effected by a popular vote and he declined to become a candidate. Of him the following significant statement has been made: "As a lawyer he was highly success- ful, and the confidence he enjoyed in the profession was the most convincing evidence of his ability and legal attainments."
Not too often, nor through the medium of too many historical vehicles can be given words of appreciation of the distinguished
service rendered by Mr. Coburn in the pro- motion of educational work during the formative period of the history of Indiana. With but such paraphrase as the province of this article renders expedient is here given the substance of an estimate previously ac- corded in connection with his splendid work in this direction.
Mr. Coburn thoroughly appreciated the ad- vantages of education, being far ahead of his day on the question of free schools. His foresight enabled him to see the benefits and future popularity of public education long before they became apparent to those who would profit most by the change, and his sagacity though recognized by his fellow workers, was underestimated by those he was seeking to help. The first attempts to have the free-school system adopted met with lit- tle sympathy, but Mr. Coburn was not dis- heartened, and his perseverance and earnest- ness won out in the end. He was probably the first advocate of free public schools in this section, and associated with him were such men as Calvin Fletcher, Samuel Mer- rill, James Blake, John G. Brown, and James M. Ray. These were all men whose names have become inseparably associated with the history of Indianapolis and who have left many traces of their lives and work on the various public and commercial interests of the city. The prominence and standing of his associates in the cause of free education shows convincingly that Mr. Coburn was taken seriously by the best elements in the community. After the establishment of the schools was accomplished, their maintenance was the next important question, and he was as prominent in this phase as he had been in founding them. It was his idea to tax the public for the revenue needed, and a vote was taken each year upon this point until the plan carried and was adopted by the state. His persistency and enthusiasm thus finally overcame the spirit of popular skepticism and objection and the work of educating the peo- ple to the point of appreciating the value of the new plan was largely accomplished by him. He had the satisfaction-not always the lot of the benefactor-of seeing his ideas in successful operation for a number of years before his death. Mr. Coburn's well known sentiments on the subject of education led him into close relations with all similar projects and many institutions of learning, for he took a public-spirited interest in every such establishment, aiding them all by his influence and encouragement, and, where necessary, with financial assistance. He was retained for many years in the office of
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trustee of the Marion County Seminary. He was one of the first promoters of the county library, was a member of its first board of trustees, and also served as its treasurer. In that position he had considerable to do in the early financing of the library. The county commissioners appointed him to ascertain the amount due the public on the sales of all the original town lots of Indianapolis, the county being allowed by law a certain per- centage on such sales. This sum was to be applied to the purchase of the Marion County library. The task was considered a very tedious one, requiring time and patience as well as judgment and ability, and Mr. Co- burn's selection was a mark of high confi- dence in both his integrity and business qual- ities. The money he collected formed the basis of the library fund, which has since been augmented by various amounts for the increase of the library. His son Augustus was the first librarian.
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