USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 51
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84
Jesse H. Healey, Samuel Hoover and Ralph Berkshire are elsewhere appropriately referred to in this History.
MILTON WAYMAN was horn in Covington, Kentucky, August 9, 1813. While yet a young man he came with his brother, William, to Henry County, and settled on Blue River, three miles north of New Castle, where they engaged in farming. Later they moved to New Castle and engaged in the dry goods trade. During this time Milton was elected probate judge. After the office was abolished he, having always been a very religious man, entered the ministry of the Methodist Episcopal Church, joined the regular conference and was called away from New Castle to the pastorate of a church at some other place. At the time of his death, which occurred March 10, 1896, he was superanuated and resided at Hillisburg, Clinton County, Indiana. His remains are buried at Ridgeville, Randolph County, Indiana. His daughter, Mary Belle, is the wife of Charles J. Keesling and they reside in New Castle. Dr. James V. Wayman, a noted
1014
HAZZARD'S HISTORY OF HENRY COUNTY.
physician and surgeon, formerly of New Castle and later of Cambridge City, was a brother. William Wayman, above mentioned, was born July 7, 1817, in Campbell County, Kentucky. He died in New Castle, April 26, 1856. His wife, Fidelia (Clawson) Wayman, was a noble Christian woman, who long survived him, dying in New Castle, February 2, 1904, at the age of eighty four years, having been born January 30, 1820. He is buried in the old cemetery and she in South Mound Cemetery, New Castle. They were the par- ents of a large and interesting family. Dr. John C. Wayman, of New Castle, the eldest son, was as gallant a soldier in the Civil War as ever shouldered a musket. His full military record is set out in this History. Another son is the retired grocer, Alonzo R. Wayman, of New Castle.
PROSECUTING ATTORNEYS.
Under the constitution of 1816 the office of prosecuting attorney was a statutory oue. The term of office at first appears to have been for one year, and later it was for two years, perhaps three. Under the present constitution the office became a constitu- tional one, as is provided in Article 7, Section 11, the term of office being for two years.
The names of prosecuting attorneys for the several judicial circuits, of which Henry County was at any time a part, together with the names of their respective counties and the dates of service, are as follows:
Lot Bloomfield, ( Wayne), 1822; James Gilmore, (Henry). 1823; Abraham Elliott, (Henry ), 1824; Harvey Grigg, (Marion), 1825; Calvin Fletcher, ( Marion). 1826; James Whitcomb. (Monroe), 1827; Charles H. Test, ( Wayne), 1828; Samuel C. Sample, (Wayne), 1828; William W. Wick, (Fayette), 1829; James Perry, (Wayne), 1830; William J. Brown, (Rush), 1831-7; Samuel W. Parker, (Fayette), 1837-9; David Macy, (Henry), 1839-41; Martin M. Ray. (Wayne), 1841-5; Jehu T. Elliott, ( Henry), 1843; Samuel E. Perkins, (Wayne), 1844; Jacob B. Julian, (Wayne), 1844-6; John B. Stitt, ( Wayne), 1846-8; Joshua H. Mellett, (Henry), 1848-52; Silas Colgrove, (Randolph), 1852-4; Elijah B. Martindale, (Henry), 1855; Thomas M. Browne, (Randolph), 1855-62; James N. Templar, (Delaware), 1862-7; Lemuel W. Gooding, (Hancock), 1867; David W. Cham- bers, (Henry), 1868-73; Charles M. Butler, (Henry), 1873-5; William F. Walker, (Henry ), 1875-7; Joseph M. Brown, (Henry), 1877-9; Charles M. Butler, (Henry), 1879-81; Leoni- das P. Newby, (Henry), 1881-3; George W. Duncan, ( Hancock), 1883-7; William O. Bar- nard, (Henry), 1887-93; Frank E. Beach, (Henry), 1893-7; Wrighter R. Steele, (Henry), 1897-1901; Ed. Jackson, (Henry), from January 1, 1901, to January 1, 1906; George M. Barnard, (Henry), commissioned from January 1, 1906. to January 1, 1908; present in- cumbent. He is the son of William O. Barnard, who held the office 1887-93.
The change of the term of this office in Henry County was occasioned very often by change of the judicial circuit. In the earlier history of the county some of the prosecuting attorneys above mentioned were appointed for a term of court or more on account of the absence of the regularly elected prosecuting attorney. It has been found impossible on account of the many changes in this office from the causes above men- tioned to set out the term of the office with the same precision as that of the circuit judge.
Since political lines were drawn in elections (1835-7), no man other than a Whig or Republican has ever held the office in any judicial circuit of which Henry County was a part with the exception of Charles M. Butler, of Knightstown, in 1873-5, and again in 1879-81. The circumstances regarding Mr. Butler's two elections were briefly as follows: When he was first elected the Republican candidate was Eli N. Smith, of Knightstown, the manner of whose nomination gave much offense to the Republicans of the circuit (Henry and Hancock counties), with the result that he was defeated. Mr. Butler's second election was brought about by the fact that there was a disagreement among the Republicans of the two counties as to which county should have the can- didate. Joseph M. Brown, of Henry, and Alexander Black, of Hancock, were both can- didates, which gave the election to Mr. Butler. The salary of the prosecuting attorney is five hundred dollars per annum and fees.
IO15
HAZZARD'S HISTORY OF HENRY COUNTY.
MEMORANDA-PROSECUTING ATTORNEYS.
Silas Colgrove, Thomas M. Browne, David W. Chambers, Charles M. Butler, Joseph M. Brown and William F. Walker were soldiers in the Civil War. The last four named were from Henry County and their service will be found appropriately set out else- where in this History.
Lot Bloomfield, James Gilmore and Abraham Elliott were among the first attorneys to practise law in New Castle.
David Macy, Jehu T. Elliott, Joshua H. Mellett, David W. Chambers and Leonidas P. Newby represented Henry County in the General Assembly.
Charles H. Test, James Perry, Jehu T. Elliott, Silas Colgrove, Joshua H. Mellett aud William O. Barnard became judges of the Henry Circuit Court, Abraham Elliott an associate judge, and Elijah B. Martindale judge of the Common Pleas Court.
Jehu T. Elliott and Samnel E. Perkins became justices of the Supreme Court of Indiana.
William W. Wick, Samuel W. Parker and Thomas M. Browne became members of Congress, the two last named for the district of which Henry County was a part. Browne represented Randolph County in the State Senate and after the Civil War was United States District Attorney for Indiana and Republican candidate for Governor in 1872.
James Whitcomb became Governor of Indiana during the Mexican War period and was afterward United States Senator. His statue is one of the four on the circle sur- rounding the great Soldiers' and Sailors' Monument in Indianapolis.
.David W. Chambers, Charles M. Butler, Joseph M. Brown, Leonidas P. Newby, Wil- liam O. Barnard, Frank E. Beech, Ed. Jackson and George M. Barnard are now living in Henry County and all of them engaged in the practise of the law with the exception of Joseph M. Brown, who is the clerk of the Henry Circuit Court.
Harvey Grigg, Calvin Fletcher, Samuel C. Sample, William J. Brown, Martin M. Ray and Jacob B. Julian, not above mentioned, were eminent men in their respective counties.
John B. Stitt, James N. Templar, Lemnel W. Gooding and George W. Duncan were prominent legal lights in their several localities and were active practitioners at a later period than the pioneer lawyers last mentioned.
COMMON PLEAS COURT.
The present constitution of Indiana provides: Article 7, Section 1, that "the judi- cial power of the State shall be vested in a supreme court, in circuit courts and in such other courts as the General Assembly may establish." Accordingly, the General As- sembly, at its first session under the present constitution, by an act approved May 14, 1852, established the common pleas court, which was intended to cover practically the same functions exercised by the old probate court. The office of district attorney was also created and attached to this court, the term of office being two years. However, the jurisdiction of this court was afterward from time to time much enlarged. The term of office was four years. Henry County alone was made a district by the act above mentioned.
JUDGES OF THE COMMON PLEAS COURT.
Martin L. Bundy, commissioned from November, 1852, to November, 1856. The candidates for the office were Martin L. Bundy, Edmund Johnson and Ralph Berkshire. Martin L. Bundy was re-elected without opposition and commissioned from No- vember, 1856, to November, 1860.
The district attorneys during Judge Bundy's term of eight years were Elijah B. Martindale, James Brown, Thomas B. Redding and Miles L. Reed, each having been elected to serve for two years; it appears, however, that Redding resigned and Reed was appointed in his place and afterward elected.
1016
HAZZARD'S HISTORY OF HENRY COUNTY.
By the time of the October election, 1860, the district had beenf enlarged to con- sist of the counties of Henry, Hancock, Decatur, Madison, and Rush. William Grose was elected. He resigned in the Autumn of 1861 to enter the army as colonel of the 36th Indiana Infantry. Elijah B. Martindale was appointed to fill the vacancy until the next general election, October, 1861. David S. Gooding, of Greenfield, was elected to fill the unexpired term of Judge Grose.
The district attorneys under Judges Grose, Martindale and Gooding were Wil- liam R. Hough, of Greenfield, and Daniel W. Comstock and James B. Martindale, of New Castle. The first two were elected to serve for two years each. Comstock resigned in December, 1863, to enter the army, as a private, in Company E, Ninth Indiana Cavalry, and Martindale was appointed to the vacancy.
William R. West, of Anderson, was elected at the October election, 1864, and commissioned from November, 1864, to November, 1868. He was re-elected in 1868, and commissioned from November, 1868, to November, 1872. During Judge West's first term the district was made to consist of Henry, Hancock and Madison counties and so continued until the court was abolished.
The district attorneys during Judge West's two terms were James B. Martindale, of New Castle; Calvin D. Thompson, of Anderson, and William F. Walker and Joseph W. Worl, of New Castle. Calvin D. Thompson was the only Democrat who ever held the office.
At the October election, 1872, Robert L. Polk, of New Castle, was elected and commissioned from November, 1872, to November, 1876.
This court was abolished by an act of the General Assembly approved March 6, 1873, all business being transferred to the Circuit Court.
Washington Sanders, of Anderson. was elected district attorney in 1872, and served until the court was abolished.
The annual salary of the Common Pleas Judge in 1852 was $800. In 1860 it was increased to $1.000. When the court was abolished, in 1873, it was $1,500. The salary of the district attorney was principally fees, with a small annual compensation.
BIOGRAPHICAL-COMMON PLEAS COURT.
David S. Gooding, William R. Hough, William R. West, Calvin D. Thompson and Washington Sanders, either judge or district attorney of the Common Pleas Court, never lived in Henry County. Biographical mention of them is therefore omitted.
William Grose, Miles L. Reed, Daniel W. Comstock and William F. Walker were soldiers in the Civil War. Their service is appropriately set out elsewhere in this History.
Martin L. Bundy, Ralph Berkshire. William Grose, James Brown, Miles L. Reed and Daniel W. Comstock are the subjects of biographical reference in another part of this History.
EDMUND JOHNSON was born at Plainfield, Windham County, Connecticut, November 20, 1813. He received an excellent education, first attending the common school at Plainfield, afterward Brownsville Academy, in his native State, and later the famous Yale College. He came to New Castle in 1839, after having spent about one year at Centreville, Indiana, where he taught one or two terms of school, and for a part of the time was a surveyor on the Whitewater Canal, and also read law with the late Martin M. Ray. He at once began the practise of the law in New Castle and the late Judge Joshua H. Mellett was a student in his office. He stood very high in the legal profession; was a fluent conversationalist; physically, was an exceptionally fine speci- men of manhood, and had a personal bearing which, while genial and kindly, forbade undue familiarity. He took great delight in gentlemanly discussion of political and current events, and socially and professionally was held in greatest regard by his ac- quaintances and friends. He was not a member of any religious denomination, nor of any secret organization. In political affiliation he was a life-long Democrat and recog- nized by his party associates as a leader. In '1862 and again in 1874, he was the nomi-
1017
HAZZARD'S HISTORY OF HENRY COUNTY.
nee of his party for a seat in Congress from the district of which Henry County was a part, but was defeated. He was a charter member and stockholder of the First National Bank and later one of the organizers and directors of the Citizens' State Bank, of New Castle. In the later years of his life he devoted bis attention to the care and cultivation of his two farms, one southwest of New Castle near the corporation line, and the other in Rush County, about two miles south of Lewisville. In 1846 he was married to Frances Chorne, who was born in Rush County in 1831; her parents were George and Mary (Perryman) Chorne, who settled in Rush County in 1828. Eight children were born to Edmund and Frances (Chorne) Johnson-Aggeiliese, died in infancy; India M., now deceased. married to Asa Hatch; Mary C., wife of Jacob C. Cope, residing at Cam- bridge City; George S., deceased; Olive W., now deceased, married to George R. Mur- phey, of New Castle; Frances S., deceased; Bertha B., a resident of New Castle, and Ed- mund P., engaged in business in Chicago. Edmund Jobnson died March 23, 1876, bis widow surviving him many years, dying December 27, 1896. Both are buried in South Mound Cemetery.
ELIJAH B. MARTINDALE, judge, and his brother, James B., district attorney, were sons of the Reverend Elijah Martindale, who came from Wayne County in 1832 and set- tled on Flatrock, four miles sontheast of New Castle. The elder Martindale was a pio- neer minister of the Disciples or Christian Church, formerly called Campbellites, and was for fifty years, until his death, the central figure in that denomination in Henry County. He and his wife lived to a ripe old age, dying in New Castle and were buried in South Mound Cemetery. Elijah B. Martindale was born in Wayne County, Indiana, August 22, 1828. At the age of sixteen he was apprenticed to John Taylor, whose daugh- ter, Emma, he subsequently married, to learn the trade of a barness maker. While work- ing at this trade he acquired a fair education and studied law under the tutelage of Judge Joshua H. Mellett, whose law partner he subsequently became. He was in 1855 prosecuting attorney of the district of which Henry County was a part. In May, 1862, he moved to Indianapolis, where he has since continued to reside and where be is widely and favorably known.
JAMES B. MARTINDALE was born in Henry County March 30, 1836, and died in Brook- lyn, New York, May 17, 1904. In September, 1857, he married Ann Elizabeth, daughter of James and Charlotte MeAfee, who was born July 29, 1837, and died in September, 1872. James B. read law with his brother above mentioned and practised bis profession in New Castle. In 1868 he organized the Martindale Law and Collection Association, which in 1871 he transferred to Indianapolis, a few years later to Chicago and afterward to New York, where the agency is now conducted under the name of The Martindale Mer- cantile Agency by his two sons, George B. and Barton W. S. From the small beginning in New Castle in 1868 this agency has grown to be one of the leading mercantile com- panies in the United States. James B. Martindale and his wife are buried in South Mound Cemetery.
THOMAS B. REDDING was born in Henry County. December 27. 1831. His parents, Iredell and Anna (Nixon) Redding, were among the early immigrants to the county, coming from North Carolina. After attending the common schools and the Henry County Seminary he entered Asbury University, where he graduated in 1854. He began his career as a school teacher at the age of sixteen. After leaving college he taught school in Rich- mond, Indiana, for one year. He next took charge of the New Castle Seminary for one year and at the expiration of that time became editor of the New Castle Courier. Mean- time he had been reading law and abandoned school teaching to practise bis profession. In 1858 he located in Chicago, but two years later returned to New Castle, where he con- tinued to reside until his death, April 11, 1895. He served as trustee of Asbury, now DePauw. University, at Greencastle, Indiana, and always exhibited a deep interest in educational matters. He was a very religions man and spent a great deal of his time and money in the furtherance of the cause of the Methodist Episcopal Church with which he was so long actively identified. On December 2, 1858, he was married to Sarah W., daughter of Reverend Elijah Corrington, of the Central Illinois Methodist Episcopal Conference. She was born in 1831 and died August 17, 1887. They were the
1018
HAZZARD'S HISTORY OF HENRY COUNTY.
parents of three daughters-Ailsie, born March 5, 1861, died in infancy; Rosa Mary, born July 28, 1862; Alice Gray, born July 14, 1865, died August 18, 1870. Mr. Redding, his wife and deceased daughters are buried in South Mound Cemetery .. Rosa Mary Redding was married June 24, 1886, to Charles N. Mikels, a leading attorney of New Castle, who was interested with Charles S. Hernly in locating the Indianapolis, New Castle and Toledo electric railway line. Mrs. Mikels is a graduate of the New Castle High School and DePauw University and is now and has been for fifteen years principal of the New Castle High School. She is universally conceded to he the most competent lady educator who ever held that position. Mr. and Mrs. Mikels have one daughter, Ailsie Hester, born March 14, 1888. In 1866-7 George Hazzard, the author of this History, read law in New Castle in the office of Thomas B. Redding.
WILLIAM F. WALKER is a son of Alvius Walker, who was one of the early settlers of Henry County, locating in Franklin Township where William F. was born about 1835. The latter was educated in the country schools and in early manhood studied law in the office of James Brown at New Castle. He pursued his studies in a Cincinnati law school and began the practisé of his profession in New Castle. He was married about 1860 to a sister of Robert B. Carr, former sheriff and clerk of Henry County. In 1879 he moved to Wichita, Kansas, where he now resides.
JOSEPH W. WORL is a native of Liberty Township. His father was John Worl, a farmer who so long lived in the neighborhood of old Chicago, where he was so well and favorably known and where he accumulated several hundred acres of rich farming land. Joseph W. attended school at Dublin, Wayne County, then in New Castle and later entered the law office of Thomas B. Redding as a student. After practising his profession in New Castle until 1877, during which time he served as prosecuting attorney, he moved to Nebraska. There he engaged in the banking and grain business for several years in the towns of Firth and Sterling. Later he located in Oklahoma Territory, where he now resides and is engaged in operating a cotton gin, conducting a bank and huying grain. He is widely known in the territory as a public-spirited, successful and broad-minded citizen.
THE GENERAL ASSEMBLY.
The first constitution, effective November 7, 1816, when Indiana became a State, but not recognized by Congress until December 11, 1816, provided, article 3, section 1, that the "legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people."
Section 3 provided for the election of Representatives as follows: "The Representa- tives shall be chosen annually by the qualified electors of each county respectively on the first Monday of August."
Section 5 provided for the election of Senators as follows: "The Senators shall be chosen for three years on the first Monday in August by the qualified votes for Rep- resentatives."
Section 25 provided that the "first session of the General Assembly shall commence on the first Monday of November next (1816), and forever after the General Assembly shall meet on the first Monday in December every year and at no other period unless di- rected by law or provided for by this constitution." The convention which framed the first constitution of the State, at Corydon, was presided over by Jonathan Jennings, after- wards the first Governor. This convention concluded its lahors June 29, 1816. The date first above given, November 7, 1816, is the day when Indiana was first declared a State by the General Government.
While the term of office of a State Senator was for three years, yet some of them did not serve for that period as representatives of Henry County. Amaziah Morgan, of Rush County, in his second term, represented Henry County in but two of the three annual sessions of the General Assembly, from the fact that Henry County was taken out of the district with Rush and placed in a new district composed of Henry, Hancock and Madison counties. Elisha Long, of Henry County, was elected in 1831 and re-elected in 1834, yet he served in but one annual session of the three for which he was elected in his second term.
1019
HAZZARD'S HISTORY OF HENRY COUNTY.
The author, having made an examination of all the data bearing on this subject. finds that Long resigned after having served in the first annual session of his second term and then moved to Brookville, Franklin County. Mr. Long, or General Long as he was called on account of his connection with the Indiana Militia, was appointed one of the State Commissioners, having charge of the proposed internal improvements then about to be undertaken hy the State. He was assigned to take personal charge of the construction of the old Whitewater Canal, from Connersville to Cincinnati, and in order that he might have the matter under his personal supervision he resigned and went to Brookville as ahove stated. He afterwards hecame a member of the General Assembly from Franklin County, and also served as treasurer of said county. He was a son of the old Revolutionary soldier, Christopher Loug, who is buried near the Boyd school house in Liberty Township, and was the father of Judge Elisha Van Buren Long, now of Los Vegas, New Mexico.
Thomas Bell, of Madison County, who was elected as Long's successor, possibly to fill the unexpired term, represented Henry County in but one session, that of 1835, when Hancock and Madison counties were made a separate district and Henry alone for the first time constituted a Senatorial district.
From this time until the formation of the new constitution, Henry County alone was continued as a Senatorial district and each of the Senators served full terms of three years. All sessions of the General Assembly under the old constitution were con- tinued into the year succeeding that in which they began.
STATE SENATORS UNDER THE FIRST CONSTITUTION.
James Gregory, of Shelby County, elected in 1823. Served in the eighth, ninth and tenth sessions of the General Assembly, 1823-4-5. The Eighth session was the last held at Corydon, the first capital of the State. It was during the Ninth session that the capi- tal was moved to Indianapolis. The first entry of public business at Indianapolis is dated January 10, 1825. The district represented by Gregory consisted of the counties of Henry, Hamilton, Johnson, Marion, Madison, Rush and Shelby.
Amaziah Morgan, of Rush County, elected in 1826. Served in the Eleventh and Twelfth sessions, 1826-7. District, Henry, Allen, Randolph and Rush counties. At this time there was no organized county north of Randolph to Allen, and the latter was the only organized county in the State north of the line drawn east and west in the present boundary on the north of Randolph County. Morgan also represented the same district, with Delaware County added, in the thirteenth regular session, 1828. Delaware County (unorganized) embraced the whole of the New Purchase, by act of the General Assembly, January 2, 1820, but the present county of Delaware was not organized until January 16, 1827, by an act of the General Assembly. The New Purchase was a vast tract of land in the center and on the east side of the State, relinquished by the Indians to the General Government and the State of Indiana. Morgan was again elected in 1829 and served in the Fourteenth and Fifteenth sessions, 1829-30; district composed of Henry and Rush counties.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.