USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 55
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Stephen Elliott's life is intimately connected with the history of New Castle. For nearly ninety years he went in and out before its people and was always regarded as one of the leading citizens of the town and of the county. He was a sturdy and stalwart man, energetic and industrious, and noted for his honesty and probity. His memory will always he cherished.
Elizabeth Elliott was married in Wayne County, Indiana, to the late James Peed, a native of Kentucky. They came to Henry County in 1834 and settled on a farm in Liherty Township. She was a noble woman, heloved by all who knew her. She was the mother of several children, among them being Evan H. Peed, of New Castle, whose fine character makes him a fitting representative of his father.
Matilda Elliott became the wife of Niles Gregory, and after her marriage resided with her husband at Plymouth, Indiana. After the death of her first husband, she was married to Reuben Swain, of Greensboro, Henry County, and resided there until her death.
Abraham Elliott, junior, lived for a number of years on a farm, two miles south of New Castle, but shortly after the exodus of so many people from Indiana to Iowa began, he with his family removed to that State, where he lived until his death. He was a farmer but gave much attention to the politics of the "Hawkeye State," and for many years attended the sessions of the Iowa Legislature, as a member of the "Third House." He was a positive man, tenacious of his opinions and when necessary, very demonstrative.
The youngest son, Zimri, died while a young man. Jane Elliott married James Black and resided with him until his death, at Laporte, Indiana, where he conducted successfully a large tannery. After his death, the widow moved to New Castle, where she lived until her death. She was the mother of Amanda V. (Black) Hudelson, who was the wife of John C. Hudelson, of New Castle; of the late Nathaniel E. Black, for many years a prominent merchant of New Castle; and of Kate (Black) McMeans, widow of the late Edghill B. McMeans.
Amanda Elliott married Judge Martin L. Bundy, a sketch of whose life appears in another place in this History. She was a woman of noble character, devoted to her family and beloved hy a wide circle of relatives and friends.
Theresa Elliott, the youngest of the children, spent the greater portion of her life in New Castle. She was first the wife of the late Henry Clay Grubbs, who was at one time connected with the New Castle Courier and who afterwards became treasurer of Henry County. After his death, she became the wife of Samuel MeCrady, and following his decease was married to the late Josiah Needham, for many years a justice of the peace, who preceded her to the grave.
The family was a noted one in the early history of Henry County and a long line of descendants continues to honor the name.
JEHU TINOLE ELLIOTT.
Jehu Tindle Elliott was one of a large family and as his father was not financially strong in the pioneer days, each of his children, as they grew in strength and under- standing, found it necessary to shift for themselves. The subject of this sketch early became a school teacher and continued in that employment for one or two years, until he was about twenty years of age, when he entered the office of Martin M. Ray at Centreville to study law. But little is known of the history of Martin M. Ray. He was one of the first lawyers to settle in Eastern Indiana and one of the first to be admitted
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HAZZARD'S HISTORY OF HENRY COUNTY.
to the Henry County bar. He was regarded as an ahle lawyer and had a large and lucrative practise for the times. Jehu T. Elliott studied day and night with steady persistence and at the end of a year or so was admitted to the bar. Then just barely of age, he returned to his home at New Castle, "hung out his shingle," and entered upon the practise of law.
On October 24, 1833, at Centreville, Wayne County, he was united in marriage with Hannah Scott Branson, the ceremony being performed by Nathan Smith. She was a daughter of Owen and Hannah Branson and was born January 3, 1817; she died November 14, 1902. Her parents were natives of Maryland, from near Baltimore, where her father had been a market gardener. They came to Indiana in the pioneer days. They were members of the Quaker or Friends' Church, Hannah Scott ( Branson) Elliott was a sister of Eliza (Branson) Elliott, above mentioned, and of Margaret (Branson) Brenneman, who was the wife of the late Jacob Brenneman, one of New Castle's early and prominent pioneers.
To the union of Jehu Tindle Elliott and Hannah Scott ( Branson) Elliott were born nine children, four of whom, Milton Sapp, born June 3, 1835; Henry Clay, born May 25, 1837; Edward, born July 22, 1847; and Emma Lillian, born May 13, 1851, died in infancy. The other children were: Eliza Josephine, born November 1, 1838, now the wife of John Thornburgh, of New Castle; Helen Mary, born November 14, 1841, died July 5, 1871. She married Leander E. Murphey, of Chicago, who died March 18, 1904. Both are buried in South Mound Cemetery, New Castle. William Henry, horn July 4, 1844, now editor of the New Castle Courier; Jane, who was married May 12, 1869, to Lieutenant Commander Archibald N. Mitchell, U. S. N., and after his death to John T. Reichard, also now deceased, of Monmouth, Illinois; and Carrie May, horn January 1, 1858, now the wife of James L. McAfee, of Chicago, Illinois.
Jehu T. Elliott's connection with the Henry County bar was rather as a judge than as a practitioner, his elevation to the bench occurring in 1844, about eleven years after his admission to the bar. Prior to this, however, in 1834, he had been elected Treasurer of Henry County, by the board of county commissioners, in which the authority was then vested, and served until 1839. In 1833 he had also been elected assistant secretary of the lower house of the General Assembly of Indiana and in 1837 he was elected secretary of the same body. In 1838 he was elected prosecuting attorney for the Sixth Judicial District, composed of the counties of Henry, Delaware, Fayette, Grant, Randolph, Rush, Union and Wayne, Samuel Bigger, afterward Governor of Indiana, being at that time judge of the circuit. In August, 1839, he was elected State Senator and served the full term of three years, acceptably to his constituents and with credit to himself. He was afterwards, when hut thirty one years of age, elected circuit judge by the General Assembly of Indiana. In 1851 he was re-elected to the same position for the term of seven years, but he soon resigned to become president of the Cincinnati, Logansport and Chicago railway, then in process of construction from Richmond to New Castle and northwest to Chicago. For about two years he gave his time and ability to the com- pletion of that projected road. In this work he was greatly assisted hy his fellow townsmen, Martin L. Bundy, Eli Murphey, John Powell, John W. Grubbs, Joshua Holland, John C. Hudelson, Samuel Hazzard, the father of the author of this History, and others, including the late Daniel Bradbury, of Wayne County. He resigned this position in 1854 and resumed the practise of the law, but in 1855 he was again elected judge of the circuit court, by the people. In this capacity he served with unusual ability until 1865, when he was elected, along with James S. Frazer, of Warsaw, Robert C. Gregory, of La Fayette, and Charles A. Ray, of Indianapolis, a judge of the Supreme Court of Indiana. He took his place on the Supreme Bench, January 3, 1865, and served with honor and distinction until the expiration of his term of office. in 1871.
The career of Judge Jehu 'T. Elliott, as lawyer and judge, covered a period of some thirty seven years, of which twenty four years were spent on the bench, eighteen as circuit and six as supreme court judge. He was contemporary with such lawyers and jurists as James Rariden, Charles H. Test, John S. Newman, Samuel E. Perkins, James Perry, Oliver P. Morton, Nimrod H. Johnson, John F. Kibbey, William A. Peele, Jesse
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HAZZARD'S HISTORY OF HENRY COUNTY.
P. Siddall, William A. Bickle, Charles H. Burchnall and George W. and Jacob B. Julian, of the Wayne County bar; Pleasant A. Hackleman, George Cox, George B. Kings- ley and Samuel Bigger, of the Rush County bar: Caleb B. Smith, Samuel W. Parker and Benjamin F. Claypool, of the Fayette County bar; David Kilgore, Andrew Kennedy, Walter March, Joseph S. Buckles and Thomas J. Sample, of the Delaware County bar; Silas Colgrove, Jeremiah Smith, Thomas M. Browne, Leander J. Monks and Albert O. Marsh, of the Randolph County bar; John Yaryan and Thomas W. Bennett, of the Union County bar; Joseph Robinson and Andrew Davidson, of the Decatur County bar; John D. Howland and George Holland, of the Franklin County bar; John P. C. Shanks, of the Jay County bar; and Martin L. Bundy, William Grose, David Macy (afterwards of Indianapolis), Joshua H. Mellett, James Brown, Thomas B. Redding, Elijah B. Martindale (now of Indianapolis), James B. Martindale (afterwards of New York City), Miles Listen Reed, and Charles D. Morgan, of the Henry County bar.
The foregoing is not a complete list of those who practised with or before Judge Elliott, but in this array of the bar of Eastern Indiana will be noted the names of many who became judges of the courts, senators and representatives in Congress, secretaries of State, and generals in the Civil War, and one who became the great "War Governor- of Indiana. Many of them filled minor offices of more or less importance, while nearly all of them were eminent in the profession of the law. A previous biographer has said that "it was the opinion of these men that, as a circuit judge, the ability of Judge Elliott was of the highest order and that it is certain no judge ever gave greater satls- faction than he." Moreover, "bis popularity was such that no one ever opposed him for the place successfully, and when it was known that he was a candidate, an election naturally followed."
Turning back the pages of memory to the pioneer days of Indiana and comparing the judges and lawyers of that time with those of the present day, it will be found that in learning, in ability, in honesty, in integrity and in stability of character, the former were fully the equals of the latter. The several histories of Indiana have not failed to give to these men, learned in law, just and honorable mention, and it is worth something to know that from the organization of the State down to the present time, the bench and bar of Indiana has maintained a position hardly second to that of any other common- wealth of the Union. Another author touching upon this matter has also well said that "the court houses of Indiana were in the early days the training schools in good citi- zenship," and that "the people appreciated the teaching and their teachers."
The author of this History well remembers when the lawyers traveled the "circuit" and with what eclat they were welcomed to the straggling village of New Castle. They nearly always came on horseback. frequently over roads next to impassable, and alighting at the "tavern door," entered the barroom-then the real thing-took off their muddy green leggins and otherwise fitted themselves out for the business on hand. It was indeed a time of great excitement, and to be admitted to the inner circle, where one could look into the faces and hear the talk of the lawyers, was something to be proud of and remembered in years to come. Sometimes the lawyers would doff their pro- fessional dignity, at the close of the day's litigation, and gathering in a semi-circle about the big, blazing logs in the wide-mouthed fireplace, these men of the law told stories and indulged in such arguments and repartee as was well calculated to excite the interest or mirth of those privileged to be present. Traveling "circuit" is now but a memory and the generations which have since come upon the stage can never obtain more than a shadowy impression of its hardships, privations and dangers as well as its joys. Judge Elliott traveled the "circuit" of his then large judicial district, and in the later years of his life was never more happy than when relating his experiences. The saddle-bags used by him are still retained by his family as souvenirs of those early times. They are large and roomy and well preserved. In traveling "circuit." one side was used as a receptacle for a few law books, papers, etc., while in the other side were stored a few changes of linen and other clothing.
General John Coburn, of Indianapolis, still living and now quite aged, in writing his "Sketches of the Old Indiana Supreme Court Bar," after referring descriptively to
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HAZZARD'S HISTORY OF HENRY COUNTY.
Caleb B. Smith, a member of. President Lincoln's first cabinet, Samuel W. Parker, David Kilgore, the "Delaware Chief," James Rariden, John S. Newman, James Perry, Charles H. T'est, Pleasant H. Hackleman, and others, speaks of Judge Elliott as being "a great supreme judge of the State" who "was ruddy of face, an English beef-eating looking man with big round head and massive body, mild and genial in manner, a very sound and able lawyer, an honest, conscientious and capable man. Few better have ever appeared at the bar of Indiana. Scorning the quibbles and technicalities of the practise, he stood on the bedrock of general principles. His opinions are among the best of Indiana judges, concise, pointed and luminous."
Judge Jehu T. Elliott was absolutely impartial in the dispensation of the law. He knew no distinction among litigants. Relationship, friendship nor other tie could swerve him from the proper interpretation of the law, and to the determination of-cases, whether of greater or lesser importance, he brought the entire strength of his mind. Though frequently solicited to take part in the political battles of his time, he stead- fastly declined, believing that the bench should be absolutely free from the semblance of partisanship, yet he was strong in his political faith and always kept well informed as to the political situation. During the Civil War, no man gave the existing condition of affairs more earnest or more serious thought and study. He was a strong supporter of the government and stood hand in hand with Governor Morton in the conduct of the affairs of the State of Indiana.
Immediately succeeding the expiration of his term as judge of the supreme court of Indiana, Jehu T. Elliott re-entered the practise of the law at New Castle and con- tinued in the profession until his death, which came suddenly and almost without warning, though he had been ill for several days. The funeral took place on Tuesday, February 15, 1876, and was attended by a large number of the representative men of the State, among them being Horace P. Biddle, John U. Pettit, Alexander C. Downey, James L. Worden and Samuel H. Buskirk, Justices of the Supreme Court; James S. Frazer, ex-judge of the Supreme Court; John S. Newman, of Indianapolis; John F. Kibbey, Charles H. Burchnall, Daniel W. Comstock, John L. Rupe, Lewis D. Stubbs and John W. Grubbs, of Richmond; Richard J. Hubbard, of Milton; Benjamin F. Claypool, of Connersville; Howell D. Thompson, of Anderson, and Captain Reuben A. Riley, of Green- field. These were supplemented by a full attendance of the Henry County bar, which included General William Grose, Judge Robert L. Polk, Judge Joshua H. Mellett, James Brown and many others. The pall bearers were Judge Joshua H. Mellett, General William Grose, Howell D. Thompson, Reuben A. Riley, Benjamin F. Claypool, Alexander C. Downey, Samuel H. Buskirk, Horace P. Biddle and Joseph L. Worden. The religious services were conducted by Elder Mahin of the Methodist Episcopal Church, assisted by the Reverend J. Colelazer, of the same denomination.
Referring to the death of Judge Elliott, a writer has well said:
"As a lawyer and judge, Jehu T. Elliott had few superiors. His mind was naturally judicial and his innate love of justice gave him a front rank among jurists. No higher tribute can be paid to his abilities than the statement made by one of his successors on the Supreme bench, that there has never yet been occasion for reversing a decision of his. As a man, a citizen, and a neighbor, his character was without reproach. He possessed all the domestic virtues, was a good citizen and was ever ready to assist the needy. His generous encouragement of the young, especially the younger members of his profession, will ever be kindly remembered. His character is worthy of emulation."
At the meeting of the Henry County bar held to take appropriate action regarding the death of Judge Elliott, his former associate on the Supreme Bench, James S. Frazer, was made president, and Robert L. Polk, secretary. Upon assuming the chair, Judge Frazer, among other things, said: "Judge Elliott, for half a century or more, by his bearing at the bar, by his fidelity to the puhlic in positions of trust in political and judicial life, by his qualities as a neighbor, as a husband and as a father, won the esteem and approbation of all."
Among the resolutions prepared by the committee of the bar and adopted was the following:
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"His long service as circuit judge, his promptness, the accuracy and clearness of his decisions, his courteous and dignified bearing towards the members of the bar, his gen- erous encouragement of the young and diffident, and above all his clear conception of and love for the right, and an impartial administration of the law, earned for him the well deserved title, 'The Model Judge.'"
General Grose, chairman of the committee, in presenting the resolutions, said:
"I have known Judge Elliott intimately for thirty years. In private and social life he had no superior. I never knew him in mixed company to introduce any topic that might prove disagreeable to anyone present. He could discuss differences of opinion with an opponent without for a moment losing his temper or evincing a want of respect for his adversary, and when it is added that in the conversation of the deceased there was never anything low or vulgar, but that rather intellect, refinement and good taste marked all that he ever said, we contemplate a character whose amiability, high breeding and politeness will ever command our respect and admiration."
John S. Newman, between whom and Judge Elliott there existed a hond of love and attachment which could not be broken, said many beautiful things touching the life and character of the deceased and from his remarks are culled the facts that "we were as intimate as brothers for about forty five years-from 1830-up to his death," and that "he wrote a very good hand;" that he was "genial and cheerful," and that "I took him into the Clerk's office (Centreville, Wayne County), with me and he made up many of the records for me. While in the Clerk's office with me, he hoarded in my family (Mr. Newman was then just married) and he was one of the most pleasant and agree- able gentlemen that ever entered my ahode." He said further: "I can bear witness to the great kindness and the many good qualities of the man, cheerful, pleasant and always practising the gentle courtesies of life, such as endear any man and all men in our age to the confidence and good will of his neighbors and friends. The old adage holds true, "We shall never look upon his like again.'" Again he said:
"He had no personal foes. He overcame even the party spirit that might be sup- posed to be engendered. As judge, I practised under him and he always maintained the most perfect courtesy towards the members of the bar, old and young. It seemed to he to him a peculiar pleasure to extend courtesy to all. He seemed to be deeply interested in trying to smooth the asperities that arose in the practise under him. If a young man was embarrassed aud desponding, he always seemed to he kindly extending his hand to him, not to give success to what was wrong, but through a natural kindness and to enable such a one to properly present his case."
Richard J. Hubbard, of Wayne County, said:
"I have known Judge Elliott for forty years. I was with him in the General As- semhly when he was first elected assistant secretary. I was there with him as a member
of that hody four winters. I became well acquainted with him. * * *
* During all that time I never heard him utter a vulgar or improper word or knew him to say anything to hurt anybody's feelings. I roomed with him during this time at Indian- apolis and had a good opportunity to know him well. Since then, I have been acquainted with him as a judge and have served on the jury in this (Henry) County, when he was the judge, as well as in Wayne County, where I live, and he was always remarkable for the respect he showed to everybody. All men felt safe when he was on the bench."
Benjamin F. Claypool, of Connersville, said:
"I look upon Judge Elliott a little different from any others. I regarded him as peculiarly adapted to the bench; a man of quick perception and remarkably clear head. He seemed at the very first presentation of a question to grasp the strong points of the case. He seemed to get at the very marrow of the matter at the start and his con- clusions were nearly always sustained by law and reason, and I think the bench was the place where he won the most distinguished honors. I would quote in regard to him the language of the poet:
'He has builded a monument more lasting than brass;
Loftier than the royal seat of the pyramids
Which neither the wasting rain nor the innumerable series of years
Nor the flight of time shall be able to overturn;
He shall not die altogether, but the greater part of him shall avoid death;'
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and until we shall be called to final account, one of the freshest memories will be the thou- sand kindnesses that came from Judge Elliott."
There were others who passed upon the life and character of Judge Elliott, but the citations are closed with the following words from Judge Joshua H. Mellett, who has since followed his friend to the grave. Judge Elliott and Judge Mellett were bosom friends and companions. In many ways they were similar in character and their bond of friendship was as lasting as time. Judge Mellett said with a voice of emotion and tears suffusing his eyes:
"I became acquainted with Judge Elliott when I was an orphan boy of seventeen. For some cause, almost directly after my acquaintance with him, he became almost a father to me, and from the time I grew to manhood until now, he has been all to me that a brother could have been and what I say in regard to him may be considered as the words of a brother speaking of a deceased brother. If he had faults, I overlooked them and did not see them or forgot them as a brother would. If he was not an honest man, a truthful man, a faithful friend, if not a man who believed in the truth and one who hated a lie and loved all mankind, then I never knew one. The circumstances are such that it is not proper that I say more; in fact, I am incapable of saying more."
Probably, as between man and man, no stronger friendship ever existed than that which hound together the lives of Judge Jehu T. Elliott and Judge Martin L. Bundy. The wife of the latter-a most estimable woman-was the sister of Judge Elliott. From the pioneer days, beginning with the organization of Henry County and the es- tablishment of its seat of governmentat New Castle, the lives of these two were as one. Their intimacy was as close and binding as that which exists between loving brothers. Martin L. Bundy is still living, aged eighty eight years, and is the last link betkeen the dead past-the pioneer days of New Castle-and the living present.
Judge Elliott was always calm, cool and deliberate and slow to anger. He never rendered a decision in even the smallest cause, without giving the matter the fullest consideration. He was strong mentally and physically and a tireless worker. The author of this sketch has known him to sit up all night or until the morning sun streaked with light the eastern heavens, delving into books of law, scattered about on desk and table and chairs, each opened at some particular page, writing and compiling his opinion in some important case. At such times his library-a fine one-was his castle, and for the time he was oblivious of time and place. His closest companion in these searches of authorities was his favorite "brierwood" pipe, from which he seemed to draw an inspiration which gave light and life to opinions which are still regarded as models in the interpretation and expounding of the law.
During his professional life he found leisure in which to read high class literature, preferring such well known authors as Shakespeare, Dickens, Thackeray, Scott, and other eminent writers. He also, as opportunity offered, attended the theatre to see and hear such actors as Booth, Forrest, Macready, Barrett and the now immortal Joseph Jefferson, whose "Rip Van Winkle" he witnessed some five or six times.
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