USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 37
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It was made the duty of the justices "to be punctual in their attendance at their January, May, and November sessions, and for every failure thereof, with- out a reasonable excuse, "such justice might be indicted or fined not to exceed twenty dollars."
The Clerk of the Circuit Court was required to attend on the sittings of the Board and write up its proceedings. The attendance of the Sheriff, in person or by deputy, was required, and it was made the duty of such officer to execute the decrees of said board.
On January 26, 1827, the Board of Justices was abolished, and the Board of Commissioners revived in the county of Henry and nine other counties lying in the central part of the State. This new arrangement took effect on the first day of August of the same year. The Board of County Commissioners, has, ever since, continued to exist.
CIRCUIT COURT.
The first term of the Circuit Court was held September 30, 1822. by Thomas R. Stanford and Elisha Long, Esqrs., Associate Justices, Miles Eggleston, Presid- ing Judge of the Circuit Court, not being present. The court assembled, as the law directed, at the house of Joseph Hobson, but availed itself of the privilege of securing better quarters at once, by adopting Charles Jamison's log cabin as the court house, as the following extract from the first record will show :
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HAZZARD'S HISTORY OF HENRY COUNTY.
"At a Henry County Circuit Court, begun at the house of Joseph Hohson, agreeable to an act of the Legislature of the State of Indiana, passed on the 31st day of December, in the year of our Lord, one thousand eight hundred and twenty-one, and adjourned to the house of Charles Jamison, in the county aforesaid, on Monday, the 30th day of September, in the year of our Lord, one thousand eight hundred and twenty-two."
With the exception of the recording of the official bond of Rene Julian, Clerk, on a fly-leaf of the docket, this is the first entry ever made by the Circuit Court of Henry County. After the paragraph above recited is found recorded a copy of the commissions of Judges Stanford and Long, bearing date of July 5, 1822, in which His Excellency Governor Jonathan Jennings sends greetings to all men and "the rest of mankind" that he has commissioned the aforesaid Thomas R. Stan- ford and the aforesaid Elisha Long, Associate Judges :
"For the county of Henry for and during the term of seven years, and until his successors be appointed and qualified should he so long behave well."
On the back of each commission seems to have been the following endorse- ment by the Sheriff :
"Be it remembered that, on the 7th day of August A. D. 1822, personally came the within commissioned, Thos. R. Stanford (or Elisha Long), and took the oath against dueling, the oath to support the Constitution of the United States, the oath to support the Constitution of this State, and also the oath of office as an Associate Judge of the Henry Circuit Court. In witness whereof I have hereunto set my hand and seal, this 7th day of August, 1822. JESSE H. HEALEY, Sheriff of Henry County."
The credentials of the two Judges, of the Sheriff and Clerk being duly dis- posed of, Jesse H. Healey
"Returned into this court the writ of venire facias heretofore issued out of this court, with the following panel to serve as Grand Jurors, the present term, to-wit: Dan- iel Heaton, whom the court appoints as foreman, Joseph Watts, Ezekiel Leavell, Absalom Harvey, William Bell, David Baily, John Baker. Jesse Cox, Samuel Dill, John Daugh- erty, Jacob Parkhurst, Richard Parsons, William Riadon, Dempsey Reece and David Thompson, good and lawful men, and householders of the County of Henry, who, being duly sworn and hy the court charged, retired to their room to deliberate."
Of this first Grand Jury consisting of fifteen members there is now no living representative. The room to which they "retired to deliberate" was a convenient log heap hard by. This log heap occupied the ground where is now situated, the Presbyterian Church, distant about one hundred and fifty feet northwest from the house of Charles Jamison. Of this first Grand Jury, William McDowell (Uncle Billy) was the bailiff. He continued as such officer of the Courts of Henry County for a period covering fifty years, when at his own request, he was in 1873, relieved by Judge Joshua H. Mellett, who appointed John Alexander his successor. Lot Bloomfield, producing a license signed by the presiding judge. was permitted to practise in the court, upon taking the necessary oath. He was also made prosecuting attorney for "this and the succeeding term of this court and until a successor be appointed."
The next entry shows that Andrew Shannon so far forgot the dignity and solemnity of the occasion as to "swear two profane oaths in the presence of the court." for which he was promptly fined two dollars, and the clerk ordered to issue an execution for the same.
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HAZZARD'S HISTORY OF HENRY COUNTY.
On the next day the court ordered that the "permanent seal of Henry County shall be engraved on brass, with a vignette of an eagle and stars equal to the number of States in the Union," the size to be about that of a dollar, and around the margin the words, "Henry Circuit Court." An "ink scrawl, with the words Henry County inserted therein," was to be the temporary seal.
On the second day of the term Henry Burkman came into court, and, being duly sworn, declared his intention of becoming a bona fide citizen of the United States, and that he "abjures all allegiance to all foreign princes and potentates whatever, and particularly to George IV, King of Great Britain and Ireland. and Prince of Wales."
The Grand Jury then returned into court with the result of their delibera- tions, which consisted of four bills of indictment for assault and battery, to-wit : One against Solomon Byrket, two against Samuel Batson and one against Peter Smith. Batson then appeared at "the bar of the court" and acknowledged him- self guilty as charged in the indictment, and dispensing with a jury, threw himself upon the mercy of the court, "which after due deliberation being had therein," adjudged that he make his fine to the State in the sum of one dollar and stand committed till the same be paid. The judges then allowed themselves four dol- lars each, and the prosecutor, five dollars, and adjourned till March following; and thus ended the first term of the Circuit Court of Henry County.
At the March term, Bloomfield failed to put in an appearance, and James Gilmore was appointed to prosecute "the pleas of the State."
For this term, the following named grand jurors were selected: William McKimmey, foreman, Solomon Byrket, Abijah Cain, Jacob Elliott, Moses Fink, George Hanby, Daniel Jackson, John K. Nutt, Allen Hunt, Shaphat McCray, Wil- liam Morris, Thomas Ray and Asahel Woodward, of course all "good and lawful men," although Solomon Byrket was then under indictment for an unlawful act, and was on the same day, brought to the bar of the court, and, to use the quaint language of the record,
"It being forthwith demanded of him how he will acquit himself of the charges set forth in the indictment, for plea says he is not guilty as he stands indicted, and for trial thereof puts himself upon the country, and the said James Gilmore, Prosecutor afore- said, doth the like; and thereupon came a jury, to-wit: William Shannon, Nathan Pear- son, James Rozell, Samuel Batson, Christopher Bundy, Minor Fox, Jacob Richey, Hugh McDaniel, William Row (or Roe), John Blount, Josiah Clawson, and Jacob Witter."
and thus was formed the first traverse jury of Henry County, March 31, 1823. and of the number there is probably not one now alive. William McDowell was also bailiff to this, the first traverse jury that ever sat in Henry County.
Byrket was acquitted, and the court ordered "that he go thereof hence without day."
There was but one civil action tried, during this term, but the Grand Jury returned into court, on the second day, seven indictments: One against the owner of the court house, for selling liquor without license ; one against Wesley Prior, Eli Ellis, and Charles See, "for rout :" one each against commissioners Elisha Shortridge and Allen Shepherd, for "extortion;" and three cases of as- sault and battery. The cases for extortion, perhaps, were what would, at this
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HAZZARD'S HISTORY OF HENRY COUNTY.
day, be termed taking usurious interest. At least there seems to have been no further notice taken of the matter, the order book not indicating that they were dismissed, quashed, continued or tried.
At this distant day, it will seem a little strange that the best or foremost men of the times should be found among the law-breakers and among the first "hauled over the coals" for it.
This March term of the court fixed a scale of prices for the clerk to be gov- erned by in taking bail of those charged with offenses, as follows: For assault and battery, $100; for routs, $50; for extortion, $100; selling spirituous liquor without license, $20; and subsequently it further instructed that for indictments for perjury the bail should be $300; for violations of the "estray act," $100; for affray, $50; and for robbery on the public highway, the sum of $100. From all of which it would seem that selling liquor without license was a mere peccadillo, that perjury was quite a grave offense and that for two, three, or four men to engage in a nice little "set-to" would require only half the bail demanded of one man who attacked another without first obtaining his consent, and it will be also noticed that assault and battery was placed on a par with highway robbery.
At the March term, the Grand Jury, thirteen in number; were allowed nine- teen dollars and fifty cents for their services, and the prosecutor, eight dollars, for prosecuting the pleas of the State and drawing up the seven indictments, and such other services as lie could render, and was continued for the next term and until a successor should be appointed, although not at the time a licensed attorney, and the court adjourned. after a three days' session, without disposing of a single case, except the trial of one of the grand jurors heretofore alluded to. It was probably owing to the fact that nothing had been completed that the judges only allowed themselves three dollars for their services.
Following is the substance of an act of the General Assembly of 1822, con- cerning vagrants : Every person who shall be suspected to get his livelihood by gaming, and every able-bodied person, who is found loitering and wandering about and not having wherewithal to maintain himself by some visible property, and who doth not betake himself to labour or some honest calling to procure a liveli- hood, and all persons who quit their habitation and leave their wives and children without suitable means of subsistence, whereby they suffer or may become charge- able to the county, and all other idle, vagrant, dissolute persons, rambling about without any visible means of subsistence, shall be deemed and considered as va- grants .- [Revised Laws, 1824. page 421.]
Such person was to give bond in the sum of fifty dollars or be committed to jail, till the meeting of the Circuit Court, and if found to be a vagrant within the meaning of the law, he was, if a minor. to be "bound out." until twenty-one years of age, to some useful trade or occupation, and if over twenty-one years of age, he was to be hired out by the Sheriff for any time not exceeding nine months. The money received for his hire was to be applied to the payment of his debts, and the balance to be given to him at the expiration of his time, provided, how- ever, that, if he had a wife and children, the surplus went to them, and he might also avoid being hired out by giving security that he would return to his family and follow some useful occupation.
In accordance with this act, a special session was called, on April 28, 1823, on account of a charge of vagrancy against a citizen of Henry county. The following
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HAZZARD'S HISTORY OF HENRY COUNTY.
panel of sixteen grand jurors, "good and lawful men," were selected to consider whether the person so charged with vagrancy was such "within the meaning of the law": John Dorrah, foreman, Charles Jamison, James Stanford, Samuel Dill, Asahel Woodward, William McDowell, Obediah R. Weaver, Moses Fink, senior, Allen Shepherd, Christopher Bundy, George Hanby, Thomas Watkins, William Bundy, Joshua Welborn, Andrew Shannon, Moses Allis. William McDowell seems to have been a member of this Grand Jury and the bailiff in charge at the same time. Of this jury of lawful men, two were under indictment at the time for violating the laws of the land.
The principal expenses for this term of court were: ' Sixteen grand jurors, twelve dollars; bailiff, seventy-five cents; prosecutor, two dollars; two judges, four dollars ; total, eighteen dollars and seventy-five cents.
Charles Jamison, for selling liquor without license, was tried at the next term of the court, found guilty, and fined three dollars, which was just what he charged the court for the use of the cabin as a court room. As he was afterward granted license to sell liquors, it is evident that the offense consisted not so much in the sale of the liquor. as in having neglected to replenish the almost empty treasury with the five dollars, which was levied solely for purposes of revenue, and not in anywise intended to restrict the traffic.
The August term of the circuit court was held by the associate judges. Miles Eggleston, Presiding Judge, not, as yet, having deigned to visit our county.
To call to the minds of some of the older citizens men once familiar to them, the names of the Grand Jury are given also :
John Dorrah, foreman, as usual, Levi Butler, Ebenezer Goble, Thomas Leonard, Thomas Watkins, John Blount, George Hobson, James McKimmey, Robert Smith, Allen Hunt, Jesse Cox, John Marshall, Nathan Davis, and Josiah Morris.
After a three days' session, the jury returned into court two indictments for assault and battery, three for affray, one for violation of the estray law, one for robbery, and one for perjury. In the five years immediately succeeding the organ- ization of the county, ninety one "true bills" were found for various offenses "against the peace and dignity" of the State of Indiana. Something of the nature of the ills to which society was subjected at that early day will be seen from the character of these presentments as follows, to-wit :
Assault and battery 44
Larceny 2
Affray
24
Lewdness
1
1 Violating Estray Law. 1 Rout
Rape
4
Selling Without License
1
Gaming
5
Obstructing Process 1
Extortion
2
Negligence in Office. 1
Robbery
1
Vagrancy
1
Total
91
Perjury
2
What would our citizens think today of having four fifths of the time of our courts taken up with the adjustment of personal encounters between our citizens? The "fistic" proclivities of our citizens have, without doubt, very much improved in seventy five years.
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HAZZARD'S HISTORY OF HENRY COUNTY.
Miles C. Eggleston, the Presiding Judge for the Third, afterward the Fifth Circuit put in an appearance for the first time November 17, 1823, this being the fifth session since the county was organized. The following order appears on the docket for that day :
"On motion, it is ordered that it be suggested on the records of this court that Reuben Ball, the plaintiff in this cause, is deceased, since the last term of this court."
And, it is supposed, the suggestion was made accordingly. The next cause was "continued till the next term of court," that the court take time until then to consider of the law arising in said case.
The next order was that all indictments found by the Grand Jury, at the August term, be quashed, and the defendants in said indictments be thereof quit and discharged, etc. To this his autograph is appended-the only time it occurs on the order book. The reason for this order seems to have been that the General Assembly had changed the time of holding courts for this circuit, of which our home judges had not been apprised, and so went on with the August term as usual. The indictments were all quashed, but seem to have been immediately revived by the jury then in session.
It would seem that William W. Wick, of Fayette County, was made judge of the circuit, in 1824, but, being elected Secretary of State, Governor Hendricks appointed Bethuel F. Morris, of Marion County, Presiding Judge, "in the room" of said Wick.
In October. 1825, John Anderson succeeded Thomas R. Stanford, as judge. While Anderson was on the bench, an appeal case came up before him and his associate, in which Anderson was defendant, and it is noticeable that the de- fendant gained the case and his costs off the plaintiff, and then allowed himself two dollars for extra services at that session. It is not to be inferred from this that justice was not done, for the judge soon brought suit in his own court, as Paymaster of the Indiana Militia, against Sheriff Healey, for failure to. collect the muster fines off the conscientious people of the county, and, after continuing the case from day to day and term to term, he was finally beaten, Bethuel F. Morris, perhaps, presiding when the decision was reached. Soon after this, one Jacob Thorp filed an information in court to the effect that the said Judge Anderson was an alien, and therefore not competent to fill the position occupied. A rule was granted against the judge to show why he should not be ousted from his seat. This he must have done to the satisfaction of the court, as he continued to hold his position, and at a subsequent term he obtained judgment for costs against Thorp, Anderson and his associate apparently deciding the case. So much for early courts and manner of doing business.
It cannot be doubted that the ends of justice were quite as faithfully sub- served in that day as at present, and that it was generally quite as speedily meted out. notwithstanding the quaintness of style and rather "hifalutin" ring of some of the proceedings.
FIRST ATTORNEYS.
It has already been mentioned that Lot Bloomfield was "sworn in" as the first Prosecutor of "the pleas of the State" for the Henry Circuit Court. There
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HAZZARD'S HISTORY OF HENRY COUNTY.
were but four indictments found, all for assault and battery, and, as one of the culprits "lit out," another was found not guilty, and still another plead guilty and was only fined one dollar for two offenses, the Prosecutor, doubtless, felt that his luck was none of the best. It is said that information was lodged with the jury that some graceless scamp had been guilty of larceny, but, just before the finding or returning of a bill, the foreman learned that he had left the county; so it was concluded that it would be a waste of ammunition to finish proceedings against him, and they at once dropped the case. This did not suit the attorney. who grumbled considerably, and called the attention of the jury to the fact that it cost much labor to draw up the papers in each case, and showed them that he was at great expense in traveling to and from court, for board, etc., etc. The court made him the very liberal allowance of five dollars, which was one dollar more than their honors received, but it does not seem to have been satisfactory, as he came no more, although appointed for more than one term. James Gilmore, afterwards a justice of the peace, and not yet a full fledged attorney, was ap- pointed in Bloomfield's place the next term. James Noble. James Rariden, and Abraham Elliott, father of Judge Jehu T. Elliott, were admitted to practise in this first court.
At the August term, 1823. Charles H. Test and Martin M. Ray, of Wayne County, were admitted as attorneys and counsellors at law, "and thereupon took the oath of office."
At the April term, 1824. James B. Ray, James Mendall, Calvin Fletcher, Oliver H. Smith, and Philip Sweetser were admitted to practise.
At the April term. 1825. Harvey Gregg appeared with a regular commission as prosecuting attorney for the Fifth Judicial Circuit. Henry County had pre- viously been in the Third Circuit. At this term Abraham Elliott was appointed Master of Chancery and Moses Cox was admitted to the bar. In October of the same year, Calvin Fletcher presented his credentials as prosecutor for the Circuit.
At the October term, 1826, James Whitcomb appeared with credentials as prosecutor for the Circuit, and Septimus Smith and Albert G. White were ad- mitted as attorneys. In 1827, Samuel C. Sample, appeared as a licensed attorney and "took the oath" as "counsellor at law at the bar of the court."
In 1828, on motion of Charles H. Test, Marinus Willitt and David Patton were admitted. At the October term. 1828. on motion of Samuel C. Sample. William Daily and Caleb B. Smith, having produced license signed by "two Presiding Judges of the State of Indiana," were admitted to practise in the Henry Circuit Court, and, on motion of James Rariden, John S. Newman was in like manner admitted.
In 1829. William W. Wick, Prosecuting Attorney, and James T. Brown were admitted to the bar. In 1830. James Perry was prosecutor of the pleas of the State.
From the foregoing list it will be seen that the early practitioners at the Henry County Bar included many of the ornaments of the legal profession of our State. At a later day, came Parker, Julian, Morton, and others scarcely less noted, to say nothing of resident attorneys, of whom a number have won a name abroad. Among those who were frequent in their attendance upon our earlier courts were a number who have distinguished themselves as orators, members of Congress, governors of our State, and eminent jurists.
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HAZZARD'S HISTORY OF HENRY COUNTY,
It should be borne in mind, however, that the tendency of a general diffusion of knowledge is to lessen the difference between men, growing out of their acquirements, and he who may have seemed almost a prodigy of learning seventy five years ago might not today pass for much more than an ordinary person. Great talents and great learning will, doubtless, be treated with much consideration for all time to come, but the time has long passed when any man can wield such influence over his fellows as did Demosthenes. It is undoubtedly true that greater attainments are expected in many of the stations of life than formerly, and the legal profession is no exception.
CHARLES
S. HERNLY
ELWO
PLEAS
FRANK
M.MILLIKAN
BJ. WARD
MAXIM
EDWARD
PFAU
E . S. F
ERRIS
JOHN
FORKNER
L
CITIZENS.
CHAPTER XLI.
HENRY COUNTY VILLAGES AND TOWNS.
DISTINCTION BETWEEN VILLAGE AND TOWN-NUMBER OF VILLAGES AND TOWNS IN HENRY COUNTY-FOUNDERS AND EARLY MERCHANTS- ORIGINAL PLATS AND ADDITIONS-BANKS AND NEWSPAPERS-POSTAL AND TRANSPORTATION FACILITIES-POPULATION-ASHLAND-BLOUNTSVILLE - CADIZ - CHICAGO - CIRCLEVILLE - DUNREITH - ELIZABETH CITY - FAIRFIELD - GRANT CITY - GREENSBORO - HILLSBORO - HONEY CREEK - KENNARD - KNIGHTSTOWN - LEWISVILLE - LURAY - MECHANICSBURG - MESSICK - MIDDLETOWN - MILLVILLE.
Henry County seems to have been well supplied with villages and towns. There is no incorporated city in the county. A place that is not incorporated is referred to as a village. If it is incorporated as a town, then it is re- ferred to as a town. This chapter presents a brief official history of forty one villages and towns, past and present, alphabetically arranged, as follows :
Ashland, Blountsville, Cadiz, Chicago, Circleville, Dunreith, Elizabeth City, Fairfield, Grant City, Greensboro, Hillsboro, Honey Creek, Kennard, Knightstown, Lewisville, Luray, Mechanicsburg, Messick, Middletown, Mill- ville, Mooreland, Mount Summit, New Castle, Needmore, New Lisbon, Og- den, Petersburg, Pumpkintown, Raysville, Rogersville, Sharington, Shirley, Spiceland, Springport, Straughn, Sulphur Springs, Uniontown, West Liberty, Wheeland, White Raven, Woodville.
The distances to all villages and towns in Henry County are measured from the court house in New Castle, taken as a common center, as shown by the following letter from the county surveyor :
"O. E. MINESINGER, "COUNTY SURVEYOR, "HENRY COUNTY.
"NEW CASTLE. Ind., September 1, 1905.
"Mr. George Hazzard, New Castle, Indiana:
"SIR: This will certify that I have made a comparison of the distances on the offi- cial map of Henry County with the distances as set out in the following named towns and villages regarding their location from the court house in New Castle and I find the same correct as stated. The distances given are approximately from actual measure- ments in a straight line and not by the usual traveled roads.
"Very truly, "OMAR E. MINESINGER, "Surveyor of Henry County."
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HAZZARD'S HISTORY OF HENRY COUNTY.
ASHLAND.
The village of Ashland is situated in Liberty Township, three and one half miles east and one half mile south of east from the court house in New Castle, on the Pittsburg. Cincinnati, Chicago and St. Louis railway and one half mile north of the New Castle and Hagerstown Pike. Ashland was never laid out and platted into lots, the real estate in the village being described only by metes and bounds. It was first known as Mullen's Station, taking its name from the well-known family of that name, old pioneers, who were for so many years prominent in eastern Henry and western Liberty townships. Many of their descendants are yet living in Henry. Liberty and perhaps other town- ships of the county.
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