USA > Indiana > Henry County > Henry County; past and present: a brief history of the county from 1821 to 1871 > Part 4
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BOARD OF JUSTICES.
On the 31st of January, 1824, the Legislature enacted that the Justices of the Peace for the several counties should con- stitute a "Board of Justices" for the transaction of "county busi- ness," with all the powers and duties heretofore exercised by the Commissioners. It was made the duty of "each and every Justice in the several townships to meet" at the seat of Justice on the first Monday in September following, "and then and there to organize themselves into a County Board of Justices, by electing one of their body President," &e., "and to meet on the first Monday of January, March, May, July, September, and November, in each and every year," at such time, unless the
33
HENRY COUNTY: PAST AND PRESENT.
Lirenit Court happened to be in session on that day, in which date they were to meet on the Monday after its adjournment. Aus three of these Justices were competent to transact busi- Des, except at the May and November terms, when it should tryg tire at least five members, and a less mumber than a quorum would meet from day to day and compel the attendance of etlier -.
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, without a reasonable excuse, "auch Jn tice might be indicted or fined not to execed twenty dollars."
The Clerk of the Circuit Court was required to attend on the sittings of the Board and write up its proceedings. The at- ten lance of the Sheriff, in person or by deputy, was required, and it was made the duty of such officer to exceute the decrees of said Board.
On the 26th day of January, 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.
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, Presiding Judge of the Circuit Court, not being present. The court assembled, as the law directed, at the house of Mr. 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 :
"At n Henry County Circuit Court, begun at the house of Joseph Hobson, agreeable to an art of the Legislature of the State of Indiana, passed on the 31st day of December, in the year of our Lord, one thous- and 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
39
THE FIRST COURTS.
Mr. 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 Excelleney Governor Jonathan Jen- nings sends greeting to all men and "the rest of mankind" that he has commissioned the aforesaid T. R. Stanford and the afore- said 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 beliave well."
On the back of each commission seems to have been the following endorsement by the Sheriff:
"Be it remembered that, on the 7th day of August A. D. 1822, person - ally came the withiu commissioned. Thos. R. Stanford (or Elisha Long). and took the oath against dueling, the oath to support the Coustitution 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 HI. HEALY, Sheriff of Henry County."
The credentials of the two Judges, of the Sheriff and Clerk being duly disposed of, Jesse II. Healy
"Returned into this court the writ of venire facias heretofore issued out out of this court, with the following panel to serve as Grand Jurors, the present term, to-wit: Daniel Heaton, whom the court appoints as fore- man, Joseph Wats. Ezekiel Leavell, Absalom Harvey, Win. Bell, David Baily, John Baker, Jesse Cox, Samuel Dill, John Dougherty. Jacob Park - hurst, Richard Parsons, Wm. Riden, Dempsey Rees, and David Thomp- son, good and lawful men, and householders ef the county of Henry, who, being duly sworn and by the court charged, retired to their room to de- liberate."
Of this first Grand Jury, consisting of fifteen members, we believe Dempsey Rees is the only living representative. The room to which they "retired to deliberate" was a convenient log heap hard by. Lot Bloomfield, producing a licence signed by the presiding Judge, was permitted to practice in the court, upon taking the necessary oath. He was also made Prosecuting At- torney for "this and the succeeding term of this court and un- til a successor be appointed."
The next entry shows that Andrew Shannon so far forgot the dignity and solemnity of the occasion as to "sweartwo pro- fane oaths in the presence of the court," for which he was
HENRY COUNTY; PAST AND PRESENT.
promptly fined two dollars, and the Clerk ordered to issue au execution for the same.
On the next day the court ondered 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 I'nion," the size to be about that of a dollar, and around the margin "the words, Henry Circuit Court." An "ink crawl, with the words Henry county inserted therein," was to be the temporary scal.
On the second day of the term Henry Burkman came into court, and, bring duly sworn, declared his intention of becom- ing a bona fide citizen of the I'nited States, and that he "abjures all allegiance to all foreign princes and potentates whatever, and particularly to George Fourth, King of Great Britain and Ireland and Prince of Wales."
The Grand Jury then returned into court with the result of their deliberations, which consisted of four bills of indictment for assault and battery, to-wit: one against Solomon Byrkett. two against Samuel Bedson, and one against Peter Smith. Bed- son then appeared at "the bar of the court" and acknowledged himself guilty as charged in the indictment, and, dispensing with a jury. threw himself upon the merey of the court "which after due deliberation being had therein," "it was considered by the court 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 dollars cach, 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 appear- ance, and James Gilmore, a resident attorney, was appointed to prosecute "the pleas of the State."
The following panel of Grand Jurors were selected for this term :
Wm. McKimmy, foreman, Solomon Byrkeft, Abijah Cain, Jacob El- tiott. Moses Fink, George Hanby, Daniel Jackson, John K. Nutt, Allen Hunt, shaphet Met'ray, Win. Morris, Thomas Ray and Asahel Woodard. Of course all "good and lawful men," although Solomon Byr- kett was then under indictment for an unlawful act, and was,
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THE FIRST COURTS.
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 aforesaid, doth the like; and there- upon came a jury, to- wit: Wm. Shannon, Nathan Pearson, James Rozell, Samuel Bedson, Cristopher Bundy, Minor Fox, JJacob Richey, Hugh McDaniel, Win. Row (or Roe), John Blunt, Josiah Clawson, and Jacob Witter,"
and thus was formed the first Traverse Jury of Henry County, March 31st, 1823, and of the number there is probably not one alive to-day.
Byrkett 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 sell- ing liquor without license ; one against Wesley Prior, Eli Ellis, and Charles Sec, "for rout;" one each against Commissioners Elisha Shortridge and Allan Shepherd, for "extortion ;" and three cases of assault and battery. The cases for extortion, perhaps, were what would, at this day, be termed taking usur- ious interest. At least there seems to have been no further no- tiee 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 govered by in taking bail of those charged with of- fences, 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 in- dictments 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, 5
12
HENRY COUNTY: PAST AND PRESENT.
that perjury was quite a grave offence, and that for two, three, or four men to engage in a nice little"-et to" would require only half the ball dem in bed of on : in in who attacked another with- out first obtaining his consent, and it will also be 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 $19 50 for their services, and the Prosecutor $8 for prosecuting the pleas of the State and drawing up the seven in- dirtments and such other services as he could render, and was continued for the next term and until a successor should be ap- pointed, although not at the time a licensed attorney, and the court adjourned, atter a three days' session, without disposing of a single case, except the trial of one of the Grand Jurors here- Colore alluded to. It was probably owing to the fact that noth- ing had been completed that the Judges only allowed them- Fulves $3 for their services.
A special session was called, on the 28th day of April, 1823 (in accordance with an act of the General Assembly of 1822, concerning vagrants*), on account of a charge of vagrancy again-t a citizen of Henry county. The following pinel of six- teen Grand Jurors, "good and lawful men," were selected to consider whether the person so charged with vagrancy was
· Every person who shall be suspected to get his livelihood by gamming, and every able boliel person. who is found loitering ant wan lerin ; about and not having wherewithal to maintain himself by some visible property, and who doth not betake himself to labour or some honest call- ing to pro ure a livelihood. and all persons who quit their habitation and lene their wives and children without suitable means of subsistence, wherely they shffer or may become chargeable to the county, and all other ile, vagrant, dissolute persone, rambling about without any visi- ble means of subsistence, shall be deemed and considered as vagrants .-- ( Revised Ltw4. 1221, pige 221.]
Such person was to give bond in the sum of $50, or be committed to Javl. 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 "hound out." until twenty -one years of age. to some usefi I trade or oreupation, and if o er twenty-one years of age, he was to be hired out by the Sheriff for aux time not exceeding mine months. The money received for his hire was to be applied to the payment of his debts, and the balance to be giv- en to him at the expiration of his time, provided, however, that, if he had a wife and children. the surplus went to them, and he might also avoid bonne hired out by giving security that he would return to his family and follow some useful occupation.
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THE FIRST COURTS.
stich "within the meaning of the law."
John Dorrah, foreman, Charles Jamison, James Stanford, Samuel Dill, Asahel Woodard, Wm. MeDowell, Obadiah R. Weaver, Moses Fink, Sr., Allan Shepherd, Cristopher Bundy, George Hanby, Thomas Watkins, Wm. Butuday, Joshua Welborn, Andrew Shannon, Moses Allis.
Of this jury of "lawful men" two only were under indict- mont at the time for violating the laws of the land. Twelve of the sixteen have passed from works to rewards. James Stan- ford, Asahel Woodard, Wm. McDowell, and Joshua Welborn are still alive, and reside in the county.
The principal expenses for this term of court were: Six- teen Grand Jurors, $12; bailiff, 75 cents; Prosecutor, $2: two Judges, $1; total, $18 75.
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 offence consisted not so umch 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 trattic.
The August term of the Circuit Court was held by the As- sociate Judges, Hon. 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 :
Jo'ın Dorrah, forem in, as usual, Levi Butler, Ebenezer Goble, Thom- a> Leonard, Thomas Watkins, John Blunt, George Hobson, James M .Kimmy, Robert Smith, Allen Hunt, Jesse Cox, John Marshall, Natl a i Davis. and JJosiah Morris.
Josiah Morris and R. Smith are the only representatives of this jury. 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 innmediately succeeding the organi- zition of the county, ninety-one "true bills" were found for various offences "against the peace and dignity" of the State of Indiana. Something of the nature of the ills to which society
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HENRY COUNTY; PAST AND PRESENT.
was subjected at that early day will be seen from the character of these presentments as follows, to-wit :
Assault and battery
11 Larceny
1
Afray
1 Violating Estray Law
1
Rout
1 selling without License
1
Rape ..
5 Obstructing Process
1
Gaming
2 Negligence in Office
1
Robbery.
1
Total 91
Vagrancy
2
l'erjury ..
What would our citizens think to-day of having four-fifths of the time of our courts taken up with the adjustment of per- sonal encounters between our citizens. The "fistic" proclivities of our citizens are, without doubt, very much improved in forty years.
Hon. Miles C. Eggleston, the President Judge for 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 terin of this court."
And, we suppose, the suggestion was made accordingly. The next cause was "continued till the next term of conrt, and 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 he thereof quit and discharged, &c .* To this his autograph is appended-the only time it occurs on the order book.
It would seem that W. W. Wiek was made JJudge of the Cireuit, in 1824, but, being elected Secretary of State. Governor Hendricks appointed Bethuel F. Morris President Judge, "in the room" of said Wick.
"The reason for this seems to have been that the Legislature had changed the time of holding courts for this circuit, of which change 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.
2
21 Lewdness .
.
Extortion
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FIRST ATTORNEYS.
In October, 1825, Jolin Anderson succeeded Thomas R. Stanford as Judge.
While Anderson was on the bench, there was an appeal case came up before him and his associate, in which he was de- fendant, and it is noticeable that the defendant 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 Healy, 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 beat- en, Bethuel Morris, perhaps, presiding when the decision was reached.
Soon after this, one Jacob Tharp 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 satisfac- tion of the court, as he continued to hold on to his position, and at a subsequent term he obtained judgment for costs against Tharp, 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 subserved 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, Esq., was "sworn in" as the first Prosecutor of "the pleas of the State" for the Henry Circuit. There were but four indictments
HENRY COUNTY; PAST AND PRESENT
found, all for assault and battery, and, as one of the culprits "lit "'t." another was found not guilty, and still another plead guilty and was only fined one dollar for two offences, the Pros- « utor, doubtless, felt that his luck was none of the best. It is said that information was lodged with the jury.that some grace- less scamp had been guilty of larceny, but, just before the find- ing or returning of a bill, the foreman learned that he had Jon the county; so it was concluded that it would be a waste of minmunition to finish proceedings against him, and they at once dropped the case. This did not suit the Attorney, who gr unbled 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, &e., &e. 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, afterward a Justice of the Peace, and not yet a full fledged attorney, was appointed in Bloomfield's place, the next term.
James Noble, James Raridan, and Abraham Elliott, father of Judge Elliott, were admitted to practice in this tirst court.
At the August term, 1823, Charles Test, Esq., and Martin M. Ray 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, Cal- vin Fletcher, Oliver H. Smith, and Philip Sweetser were admit- ted to practice.
At the April term, 1825, Harvey Gregg, Esq., appeared with a regular commission as Prosecuting Attorney for the Fifth Judicial Cirenit, Henry county had previously been in the Third Cirenit. At this term Abraham Elliott was appointed Master of Chancery, whatever that may be, and Moses Cox was admitted to the bar.
In October of the same year, Calvin Fletcher presented bis credentials as Prosecutor for the Cirenit.
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FIRST ATTORNEYS.
At the October terin, 1826, James Whiteomb appeared with credentials as Prosecutor for the Circuit, and Septimus Smith and Albert G. White were admitted 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 S. C. Sample, Wm. Daily and Caleb B. Smith, having produced license signed by "two President Judges of the State of Indiana," were admitted to practice in the Henry Circuit Court, and, on motion of James Raridan, Esq., John S. Newman was in like manner admitted.
In 1829, W. 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 li-t it will be seen that the early prac- titioners at the Henry county bar included many of the orna- ments of the legal profession of our State. At a later day, came Parker, Julian, Morton, and others scarcely less noted, to say notli- ing of resident attorneys, of whom a number have won a name abroad. Among those who were quite frequent in their attend .- ance upon our earlier courts were quite a number who have dis- tinguished themselves as orators, members of Congress, Goveri - ors of our State, and eminent jurists. With such examples before us as the Rays, Whitcomb, the two Smiths, Test, Parker, Julian, Morton, and others, one is liable to indulge the reflection that the Henry county bar was more ably served in eurly times at present.
It should be borne in mind, however, that the tendency of a general diffusion of knowledge is to lessen the difference be- tween men, growing out of their acquirements, and he who may have seemed almost a prodigy of learning forty years ago might not to-day 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
HENRY COUNTY; PAST AND PRESENT.
passed when any man can wield such influence over his fellows as did Demosthenes. It is undoubtedly true that greater attain- ments are expected in many of the stations in lite than former- ly, and the legal profession is no exception.
So, when a friend of ours remarked that the Tests, Raridans, Smiths, Whitcombs, &e., who graced the early bar of this county "were all well enough in their day," but could not "hold a candle" to the present corps of attorneys, we were disposed to attach some weight to his opinions.
COUNTY BUILDINGS.
The act providing for the organization of the county made it the duty of the Commissioners to provide for the erection of suitable county buildings , within one year after their election.
THE FIRST COURT-HOUSE.
In obedience to this provision, the Commissioners, in Feb- ruary, 1823, ordered that
"The Agent of Henry County shall offer for sale to the lowest bidder in the town of New Castle, the building of the court-house of Henry county, of the following dimensions, to-wit: being logs twenty-two hy eighteen feet, each log to face not less than twelve inches at the little end, being seven Inches thick. twelve rounds high, with a cabin roof. to con- sist of eleven joists, to be four inches by uine, the joists to be eight feet nine inches from the floor. &c., &c."
The sills of this imposing structure were to be of durable timber, one foot from the ground, with a good rock or stone wider each corner, a puncheon floor below, and plank floor above, with two windows above and three below, consisting of twelve lights cach ; and they further instructed that the
"Sale of the above described building be on the Wednesday after the second Monday in May next, with a good door three feet wide, six feet six inches high."
At the May term following, the Board rescinded the above order, and at once substituted another with further and more "workmanlike" specifications. In these specifications, the side
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COUNTY BUILDINGS.
logs were to be twenty-six feet long, and end logs twenty feet, while they were to face at least twelve inches in the middle, and sills and sleepers to be of good durable timber, and to be placed on six suitable sized stones, the floor to be of puncheons hewed smooth and solid, and the lower story to be at least nine feet between joists. The second floor to be of plank, and the second story was to be at least five feet from the floor to the top of the last round of logs, "or square." There were also to be two doors so cut as to make the center of the door "nine feet from the end of the building" (which end is not specified), but they were to be "so hanged as to open on that end of the house intended for spectators," and they were to be hanged on strong iron hinges, with a "good lock on what may be considered the front door," and a bar so as to fasten the other. This time there were to be two fifteen-light windows, and a strong partition of bannisters, at least four feet high, to separate the court from the spectators, with a strong gate in it, fastening on the inside, and the second floor was to be reached by a "good strong set of straight steps, commonly called mill steps." The building was to be "well chinked and daubed and covered with good oak boards confined with sufficient weight poles."
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