USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 50
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SIXTH JUDICIAL CIRCUIT.
Charles H. Test, of Centreville, commissioned January 23, 1830, as presiding judge; resigned December 30, 1835, to take effect January 20, 1836.
Samuel Bigger, of Rushville, commissioned presiding judge vice Charles H. Test. resigned, to fill out his unexpired term from January 20, 1836, to January 23, 1837. Judge Bigger succeeded himself, being re-commissioned for the full term beginning January 23, 1837. He was elected Governor of Indiana on the "first Monday in August." 1840, for the term of three years, and accordingly resigned the office of presiding judge.
James Perry, of Richmond, commissioned as presiding judge December 9, 1840, to fill the unexpired term of Judge Bigger, resigned, which ended December 23, 1844.
Jehu T. Elliott (Whig), of New Castle, elected "Tuesday, December 19, 1843." and commissioned as presiding judge for the full term beginning January 23, 1844. As has been stated, the presiding judges were elected by both houses of the General Assembly, in joint session. The vote stood: Jehu T. Elliott, 83; Samuel E. Perkins. of Richmond, 36: Andrew Davidson, of Greensburg, 24; scattering, 3; total, 146. The Legislature was Democratic. Samuel E. Perkins, the Democratic candidate, afterward moved to Indianapolis and became a justice of the Supreme Court. 1846-55. He was for many years prominent in political and legal pursuits. He served again as a justice of the Supreme Court, 1877-9, by appointment from Governor Williams.
On January 14. 1851, the General Assembly, a majority of whose members were Democrats, was again in joint session to elect a successor to Judge Elliott, who, as. stated above, was a Whig. A distinguished citizen of New Castle, then a Democrat, was a candidate for the succession. The first ballot stood: William Grose, 70; Jehu T. Elliott, 68; blank, 7; total, 145. Grose lacked three votes of an election. Second bal- lot : William Grose, 67; Jehu T. Elliott, 75; blank. 4; total, 146.
Judge Elliott resigned, presumably early in 1851, to accept the presidency of the then proposed and partially located Cincinnati, Logansport and Chicago railway, the principal office of which was at New Castle. At this time work on the road was barely begun at Richmond, and it was not until "1854 that the cars ran into the depot door" at New Castle. The statement "presumably early in 1851" is used for the reason that on February 25, 1851, the General Assembly in joint session elected Oliver P. Morton. Indi ana's future great war governor, as presiding judge to fill the vacancy caused by Judge Elliott's resignation. William Dudley Foulke, of Richmond, in his admirable life of Oliver P. Morton, says, Volume 1, page 17: "When, in 1852, a vacancy occurred in the circuit which embraced Wayne County. Morton was, on February 23 of that year, elected judge by that body (the General Assembly) without opposition." Mr. Foulke is plainly mistaken, as to the year. for the reason that the present constitution became effective November 1, 1851, after which time the power to elect circuit judges was taken from the General Assembly and placed directly with the people by popular vote and has since continued until this day. Morton continued as judge for a short time only, when he resigned and returned to the practise of law. A judgeship was hardly congenial to Indiana's future great citizen and the new constitution coming into effect changed some- what the whole court procedure.
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HAZZARD'S HISTORY OF HENRY COUNTY.
The Sixth Judicial Circuit from the time it was first organized in 1830, under- went many changes. At first it consisted of the counties of Henry, Allen, Delaware. Elkhart, Fayette, Randolph, Rush, Union and Wayne. As has been stated, when La Grange County was organized (1832), it was "attached" to this circuit for judicial pur- poses. As population increased the number of counties comprised in a judicial circuit decreased, and when Judge Elliott resigned, in 1851, the district was composed of the counties of Henry, Delaware, Fayette, Grant, Randolph, Rush, Union and Wayne; and so ends the sixth and last judicial circuit of which Henry County was a part under the constitution of 1816.
BIOGRAPHICAL-PRESIDING JUDGES.
MILES C. EGGLESTON presided at only a partial term of the court in Henry County, and perhaps for but one day, from the fact that he proceeded to decide the first ques- tion that came before the court without consultation with the "side judges," whereupon Judges Stanford and Long, both very pronounced men, held a brief whispered consul- tation and then announced that the opinion of Judge Eggleston, just rendered, was not the judgment of the court. Judge Eggleston immediately left the hench and, taking his hat in hand, made a profound how to the lawyers present, saying: "Gentlemen, I see you have a court of your own here, and hence have no use for a judge, so that I will take my departure," which he immediately did, and never returned. Judge Eggleston lived first at Brookville, and later at Centreville.
BETHUEL F. MORRIS was an early pioneer lawyer, settling at Indianapolis, where he lived until his death, which occurred about the beginning of the Civil War period. He was a presiding judge for a long time after Henry County ceased to be a part of his circuit. His son, Samuel V. Morris, now residing in Minneapolis, Minnesota, married twice; both of his wives were sisters of ex-President Benjamin Harrison.
CHARLES H. TEST, of Centreville, was a son of John Test, of Brookville, who for three terms represented in Congress the district of which Henry County was a part, as is shown under the head of "Congressional Districts." The cause of Judge Test's resig- nation was that he moved to Mobile, Alabama, to engage in the practise of the law, but within a year returned to Centreville and in 1849 was elected Secretary of State by the General Assembly, serving a full term, 1849-53. Afterward he moved to LaFayette, .where he served for twelve years as judge of the circuit court. Later he took up his residence in Indianapolis and served a term as judge of the Marion Criminal Court. Late in life he moved to Vincennes, where he died in 1884, at the age of eighty four years, at the home of his son, and is buried in the cemetery at Vincennes. General John Coburn, of Indianapolis, married Judge Test's daughter.
SAMUEL BIGGER, of Rushville, was a distinguished citizen, a leading jurist and one of Indiana's most famous chief executives. While serving as judge of the judicial circuit, of which Henry County was a part, he was in 1840 elected Governor of Indiana by the Whigs and served a term of three years. His history is a part of that of the State of Indiana.
JAMES PERRY, of Richmond, was a lawyer of note and a man of affairs. During the Civil War period he took an active part as an advocate and supporter of Governor Morton. His son, General Oran Perry, now quartermaster general of Indiana, distin- gnished himself as Colonel of the 69th Indiana Infantry, and biographical mention is made of him in a full account of that famous regiment published elsewhere in this History.
JEII' T. ELLIOTT's biography will be found in full in the succeeding chapter.
OLIVER P. MORTON's history is familiar to all as Indiana's great war governor.
ASSOCIATE JUDGES.
Term Beginning July 5, 1822, to July 5, 1829.
Thomas R. Stanford, commissioned from July 5, 1822, to July 5, 1829; resigned June 21, 1825.
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HAZZARD'S HISTORY OF HENRY COUNTY.
Elisha Long, commissioned from July 5, 1822, to July 5, 1829; resigned May 22, 1826.
John Anderson, elected to vacancy vice Stanford, resigned; commissioned from August 16, 1825, to July 5, 1829.
Byram Cadwallader, elected to vacancy vice Long, resigned; commissioned from August 19, 1826, to July 5, 1829.
Term Beginning July 5, 1829, to July 5, 1836.
John Anderson, commissioned from July 5, 1829, to July 5, 1836.
Byram Cadwallader, commissioned from July 5, 1829, to July 5, 1836; resigned in the summer of 1834, exact date not given.
Jacob Thorp, elected to the vacancy vice Cadwallader, resigned; commissioned from August 15, 1834, to July 5, 1836.
Term Beginning July 5, 1836, to July 5, 1843.
John Anderson, commissioned from July 5, 1836, to July 5, 1843; died in office, probably in December, 1838, as the record of executive proceedings on file in the office of the Secretary of State shows the following entry: "January 1, 1839, a writ of elec- tion is issued to the sheriff of Henry County for the election of an associate judge vice John Anderson, deceased."
Jacob Thornburgh, elected to vacancy vice Anderson, deceased; commissioned from February 19, 1839, to July 5, 1843; died in office February 16, 1840.
Gabriel Cosand, elected to vacancy vice Thornburgh, deceased; commissioned April 16, 1840, to July 5, 1843.
Term Beginning July 5, 1843, to July 5. 1850.
Abraham Elliott, commissioned from July 5, 1843, to July 5, 1850; died in office September 14, 1848.
William W. Williams, elected to vacancy vice Abraham Elliott, deceased; commis- sioned from January 17, 1849, to July 5, 1850.
James W. Crowley, commissioned from July 5, 1843. to July 5, 1850.
Abraham Elliott, who sat as an associate judge from July 5, 1843, until his death, was the father of the presiding judge, Jehu T. Elliott.
Term Beginning July 5, 1850, to July 5, 1857.
William W. Williams, commissioned from July 5, 1850. to July 5, 1857.
Joseph Farley, commissioned from July 5, 1850, to July 5, 1857.
The office of associate judge ceased to exist November 1, 1851, when the present constitution became effective.
Regarding the salary paid associate judges. Judge Martin L. Bundy informs the author that it was first two dollars a day, for the time actually employed; later it was increased to three dollars a day.
After political lines were drawn in the county (1835-7) no man other than a Whig held the office.
BIOGRAPHICAL-ASSOCIATE JUDGES.
THOMAS R. STANFORD was respectively associate judge, for several terms a member of the lower house of the General Assembly, State senator, county commissioner and acted as county surveyor for many years. His record as a county official in point of serv- ice is only equaled hy that of Jesse H. Healey. Judge Martin L. Bundy says of him: "In my opinion, Judge Thomas R. Stanford must be regarded as the foremost citizen of the county during the period in which he lived." He was horn in Virginia. November
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HAZZARD'S HISTORY OF HENRY COUNTY.
23, 1794. When a child he came with his parents to Warren County, Ohio, where he lived until his marriage, January 16, 1817, to Mary Arnet, when he immigrated to Wayne County, Indiana, near Economy. In 1820, he moved to Madison County, settling near Pendleton. In 1822 he came to Henry County and settled about three miles east of New Castle on what is now known as the Millikan farm. He was elected one of the first probate judges within a few months after he came into the county and continued most active in public affairs until he retired from the office of county commissioner, in 1860. He died January 4, 1869, and is buried beside his wife in the Batson Cemetery, Liberty Township. The late Dr. William M. Kerr, of Rogersville, married his eldest daughter and child, Narcissa, and Mrs. Lycurgus L. Burr, of New Castle, is his grand- daughter. Her son, Horace L. Burr, has filed with the Henry County Historical Society an exhaustive sketch of Judge Stanford and to this the reader is referred for additional information concerning him.
ELISHA LONG'S name with biographical reference will be found in the Senatorial Iist.
JOHN ANDERSON was a farmer, living at Raysville. His death occurred while he was in the prime of life and his remains were interred in the cemetery at Raysville.
BYRAM CADWALLADER lived on what is now known as the Hudelson farm, three miles north of New Castle. In 1832 he moved to Laporte County, where he died and is buried.
JACOB THORP. the old bell maker, lived two miles south of Millville. In early days it was the custom to bell the cows and other stock running at large, and Thorp made the bells.
JACOB THORNBURGH's biographical reference will be found published in connec- tion with that of his son, John Thornhurgh, in Chapter XI of this History.
GABRIEL COSANO was a son of Benjamin and Mary Cosand, who came from North Carolina to Henry County ahout 1825. The family, which was a large one, settled in the northern part of Franklin Township, about half way between New Castle and Lewisville. Samuel, John. Elias, Nathan and William were brothers of Gabriel; and a sister named Miriam married Cyrus Wright; they resided in Wayne County, two miles north of Richmond. Gabriel Cosand was born in North Carolina, February 13, 1799. On November 21, 1833, he was married to Sarah Wickersham, a daughter of Caleb and half sister of Jethro Wickersham, the latter now living in Franklin Town- ship. They were the parents of ten children, three of whom died in infancy. The others were: Benjamin F., now residing in Kansas; Ellen M., now deceased, married to Joseph H. White; Eunice, residing in New Castle; Cornelius W., a resident of Franklin Township, who was a gallant soldier in the Civil War and whose record will be found elsewhere in this History; Lydia, now deceased, who was married to Elvin Greenstreet, of Howard County; Miriam, died at the age of twenty two years, and Aaron T., now living in New Castle. Gabriel Cosand was a man of sterling integrity and great purity of character. No man ever lived in Franklin Township who left at his death a more enviable reputation. After serving as associate judge he was for several years trustee of Franklin Township. He died May 22, 1881, and his wife died March 6, 1883. Both are buried in Rich Square Cemetery.
ABRAHAM ELLIOTT's biographical reference will be found in connection with that of his son, Judge Jehu T. Elliott, published in the succeeding chapter.
WILLIAM W. WILLIAMS' name with biographical reference will be found in the Sena- torial list.
JAMES W. CROWLEY was a merchant at Greensboro, where he was postmaster for four years, as is shown in Chapter I of this History. He moved from Greensboro to Howard County.
JOSEPH FARLEY was a farmer residing in Dudley Township, not far from the home of Isaac Parker, in Franklin Township. The two men were close friends and it was probably through the influence of Parker that Farley was elected associate judge. Biographical reference to Isaac Parker will be found elsewhere in this History.
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HAZZARD'S HISTORY OF HENRY COUNTY.
JUDICIAL CIRCUITS UNDER THE PRESENT CONSTITUTION.
Seventh Judicial Circuit.
The General Assembly early under the present constitution enacted a law dividing the State into ten judicial circuits. The Seventh Circuit consisted of the counties of Henry, Blackford, Delaware, Grant, Jay, Randolph and Wayne. At the October election, 1852, Joseph Anthony, of Muncie, was elected judge and commissioned to serve for a full term of six years, to November 12, 1858. His competitor for the judgeship was Jacob B. Julian, of Centreville. Judge Anthony was badly afflicted physically, walked with great difficulty supported by two crutches and had to be assisted to and from the bench. From this cause and possibly from others, the arrangement was highly unsat- isfactory; accordingly, in 1855, when the State was re-districted for judicial purposes, a special point was made to assign Henry County to a new circuit.
Tenth Judicial Circuit.
This circuit was created by act of the General Assembly, approved January 9, 1855, and was composed of the counties of Henry, Jay, Randolph and Wayne. February 25, 1855, Governor Joseph A. Wright commissioned Jeremiah Smith, of Randolph County, to serve as judge "until his successor was elected and qualified." At the October election, 1855, Jehn T. Elliott, of New Castle, was elected as Judge Smith's successor and commissioned to serve for six years, from October 20, 1855. to October 20, 1861. It is pertinent to state that annual elections prevailed under the present con- stitution until about 1870, since which time all elections have been biennial.
At the October election, 1861, Judge Elliott was elected his own successor without opposition, and commissioned to serve for six years, from October 21, 1861, to October 21, 1867. He resigned January 1, 1865, having been elected at the previous October election a justice of the Supreme Court to serve for the full term of six years, from January 3, 1865.
Silas Colgrove, of Winchester, was commissioned by Governor Morton, January 2, 1865, to fill the vacancy occasioned by Elliott's resignation "until the next general election." Colgrove was well known in Henry County, having been prosecuting attorney of the circuit 1852-4. In the Civil War he was lieutenant colonel of the Eighth Indiana Infantry, three months' service, and afterward colonel of the 27th Indiana Infantry. He greatly distinguished himself and at the close of the war he was made a brevet brigadier general for gallant and meritorious services. At the October election, 1865, Judge Colgrove was elected without opposition to succeed himself and commissioned for the full term, from November 23, 1865, to November 23, 1871.
In 1867 the General Assembly created a new judicial circuit, or rather re-arranged the existing circuits, which removed Henry County from the Tenth to the Seventh Circuit.
Seventh Judicial Circuit.
This circuit was created by a re-arrangement of the counties by an act of the General Assembly, approved February 26, 1867, and was composed of the counties of Henry, Delaware, Hancock and Grant. Joseph S. Buckles, of Muncie, had at the general election of 1864 heen elected judge of the Seventh Circuit, as it was then constituted, and commissioned for a full term of six years, from December 22, 1864.
Joshua H. Mellett, of New Castle, was at the October election, 1870, elected judge and commissioned for six years from October 24, 1870. He had no opposition in the district.
Eighteenth Judicial Circuit.
This circuit was created by an act of the General Assembly, approved March 6. 1875, and consisted of the counties of Henry and Hancock. Judge Mellett continuing as judge of the new circuit.
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HAZZARD'S HISTORY OF HENRY COUNTY.
Robert L. Polk, of New Castle, was elected at the October election, 1876, and commissioned for six years from October 24, 1876. He died in office, May 7, 1881.
Mark E. Forkner, of New Castle, was appointed judge until the next general election, when he succeeded himself, being commissioned for six years from November 17, 1882. Here, by constitutional amendment, the election had been changed from the second Tuesday in October to the first Tuesday after the first Monday in November.
William H. Martin, of Greenfield, was elected at the November election, 1888, and commissioned for six years from November 17, 1888.
Fifty Third Judicial Circuit.
By an act of the General Assembly, approved February 22, 1889, Henry County alone was thereafter to be known "as the Fifty Third Judicial Circuit;" whereupon Governor Alvin P. Hovey commissioned Eugene H. Bundy, of New Castle, judge, "to hold until the next general election."
Eugene H. Bundy was elected as his own successor at the November election, 1890, and commissioned for a full term of six years from November 17, 1890.
William O. Barnard, of New Castle, was elected at the November election, 1896. and commissioned for six years from November 17, 1896.
John M. Morris, of New Castle, was elected at the election in November, 1902, and commissioned for six years from November 17, 1902; present incumbent.
Judge Eugene H. Bundy, above mentioned, is the son of Judge Martin L. Bundy. who was for two terms of four years each judge of the Common Pleas Court for Henry County. His wife is the daughter of the late Judge Joshua H. Mellett, for six years judge of the Henry Circuit Court. He is also a nephew of the late Judge Jehu T. Elliott and a grandson of the latter's father, Judge Abraham Elliott, associate judge of Henry County, 1843-8.
In 1851 the annual salary of a circuit judge was eight hundred dollars; the present annual salary of the judge of the Henry Circuit Court is twenty-five hundred dollars.
The author has not ascertained the political complexion of either Judge Eggleston or Judge Bethuel F. Morris; indeed, when they first held the office of judge there was but one political party in the country, as is shown in the introduction to the preceding chapter. Judge Morris' successor, Charles H. Test, became a Whig and all of his suc- cessors with but two exceptions were of that political faith, or Republicans. The ex- ceptions were Oliver P. Morton, who held the office for a short time in 1851, and who did not leave the Democratic party until after the repeal of the Missouri Compromise, in 1854, and Judge Jeremiah Smith, Democrat, appointed February 25, 1855, by Joseph A. Wright, then the Democratic Governor of Indiana.
BIOGRAPHICAL-CIRCUIT COURT JUDGES.
Joseph Anthony, Jeremiah Smith, Silas Colgrove, Joseph S. Buckles and William H. Martin never resided in Henry County, hence this History will not go into biograph- ical mention of them.
Joshua H. Mellett, Mark E. Forkner, Eugene H. Bundy, William O. Barnard and John M. Morris are included in full and appropriate biographical reference in the suc- ceeding chapter.
ROBERT L. POLK was born near Greensboro, Henry County. October 12, 1841. He was the son of Robert H. and Hannah ( Hodgin) Polk, who came from North Carolina in the year in which Robert L. was born. His father was a farmer and at the same time followed his trade of a gunsmith, which was very important in those days, the use of fire arms being general in the early settlement of the county. In 1853 the family located in New Castle, from which time young Polk made the best of his educational privileges by attending the old seminary, then in charge of Ferris and Abbott. Subse- quently he attended a commercial college at Cleveland, Ohio, and later Whitewater Col- lege at Centreville, Indiana, from which he graduated. Meantime, he was studying for
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HAZZARD'S HISTORY OF HENRY COL NTY
the legal profession and was admitted wy a member of the Henry County bar in 1863. Soon thereafter he formed a partnership with his legal preceptor, James Brown, which continued until 1872, in which year he was elected judge of the Common Pleas Court for the district of Henry, Hancock and Madison counties, which position he filled until the court was abolished, as is shown under the head of Common Pleas Court in this chapter. Leaving the bench, he resumed the practise of law in New Castle and continued until he was elected judge of the Henry Circuit Court, as is shown in this article. He died in office, May 7, 1881, and is buried in South Mound Cemetery. He was an active member of the Methodist Episcopal Church and his death was mourned by a large circle of friends, by whom he was regarded as a model man, an excellent lawyer and a just judge. He was married in New Castle, November 28, 1865, to Harriet, born October 22, 1844, daughter of Reverend Milton and Eliza ( Dorsey) Mahin, the former being at that time pastor of the Methodist Episcopal Church and long one of the most earnest, eloquent and sincere ministers of that great denomination, now retired and living in New Castle, enjoying, with his excellent wife in their declining years, the comfort that comes to those whose lives have been devoted to ennobling thoughts and Christian deeds. Robert L. and Harriet (Mahin) Polk were the parents of five chil- dren-Paul; Mary, now Mrs. Dr. R. H. Ritter: George; Catharine, now Mrs. Dr. W. J. Sandy; and Dudley. Mrs. Polk still survives and is living in New Castle.
PROBATE COURT.
The constitution of 1816 provided, Article 5. Section 1. that "the judicial power of the State is in a supreme court, circuit courts and such other inferior courts" as the General Assembly may establish. Accordingly there was established in the respective counties probate courts, which, as the name implies, had jurisdiction of all wills, testa- ments. executors, administrators, guardians and trustees for persons non compos mentis : in short, of all matters relating to decedents' estates. A judge of this court also had authority to take acknowledgements, administer oaths, solemnize marriages, etc., etc.
This court was first established in Henry County in 1829. The term of office was seven years. The court ceased to exist when the present constitution became operative, November 1, 1851.
JUDGES OF PROBATE.
Jesse H. Healey, commissioned from August 14, 1829, to August 14, 1836. Samuel Hoover, commissioned from August 14, 1836, to August 14, 1843. Ralph Berkshire, commissioned from August 14, 1843, to August 14, 1850. Milton Wayman, commissioned from August 14, 1850, to August 14, 1857. No man other than a Whig ever held the office.
The salary of the probate judge was principally fees, with probably a small annual compensation.
BIOGRAPHICAL-PROBATE JUDGES.
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