Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the., Part 6

Author: Forkner, John L. (John La Rue), 1844-1926
Publication date: 1897
Publisher: Anderson, Ind. : Forkner
Number of Pages: 1055

USA > Indiana > Madison County > Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the. > Part 6

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THE CIRCUIT AND PROBATE COURTS.

The seat of justice as we have seen was located tempor- arily at Pendleton-from the year the county was organized until the summer of 1828-when it was removed to Anderson. The act providing for the location of the seat of justice at An- derson designated the house of John Berry as the place where the courts of Madison county should be held, and the first offi-

HISTORY OF MADISON COUNTY, INDIANA.

cial notice perhaps of the removal of the seat of justice to An- derson was contained in the record of the October term of the circuit court for the above year. This record was destroyed by the burning of the court house in 1882. The house of John Berry was a double log cabin and the same that had been built and occupied by Chief Anderson and his son as a dwell. ing.

CIRCUIT AND ASSOCIATE JUDGES.

From 1828 to 1852 two associate judges sat with the cir- cuit court in the trial of causes, but in the latter year the office was abolished. The names of the circuit and associate judges from 1829 to 1852 are as follows : Circuit judges-William W. Wick. Miles C. Eggleston, Bethuel F. Morris, William W. Wick (second term), James Morrison. David Kilgore, Jeremiah Smith. Associate judges-Samuel Holliday, Adam Winsell, Andrew Jackson, Charles Mitchell, William Prigg, Abram Thomas, Uriah Van Pelt, David Pickard, George Millspaugh, J. W. Walker, Eli IIodson.

From 1852 to the present, the following named circuit judges have occupied the bench : Stephen Major, Joseph S. Buckles, Henry A. Brown, John Davis, James O'Brien, Win- burn R. Pierce, Hervey Craven, Eli B. Goodykoontz, David N. Moss, M. A. Chipman, Alfred Ellison and John F. Mc- Clure. who is now on the bench. The names of these judges are given in the order in which they held office.

PROSECUTING ATTORNEYS.

The following are the names of the officials who have prosecuted the pleas of the state in Madison county since its organization. The names of the other officials of the county will be found elsewhere in this work.

From 1828 to the present time the names of the prose- cuting attorneys, in their order, are as follows : James Gil- more, Harvey Gregg, Oliver H. Smith, James Whitcomb. William W. Wick, Hiram Brown. Harvey Gregg ( second term) William Herod, William Quarles. William J. Peaslec, Jeremiah Smith, John M. Wallace, John Davis, Joseph S. Buckles. Richard Lake. William Garver, Reuben A. Riley, De Witt C. Chipman, David Nation, David Moss, John A. Harrison, Lemuel Gooding, William O'Brien. Joseph E. Elliott, F. M. Trissal, Joel Stafford, A. S. McCallister, F. M. Householder, Thomas B. Orr, W. A. Kittinger, D. W. Wood. A. C. Carver, B. H. Campbell and Daniel W. Scanlan.

HISTORY OF MADISON COUNTY, INDIANA.

In 1823 the common pleas court was established, as pre- viously stated. The prosecuting attorneys for this court until it was abolished were James W. Sansberry, W. R. Hough, Calvin D. Thompson, William F. Wallace, Joseph W. Worl and Washington Saunders.

THE PROBATE COURT.

The Probate Court was established in 1829, and continued in existence until 1852, when it was abolished by an act of the legislature and the Common Pleas Court established. The jurisdiction of the Probate Court was limited in its jurisdiction to matters of estates, guardianships, etc., and the first judge elected to fill the office was James Scott, who served for a period of ten years. He was succeeded by Judge W. H. Mershon, who served from 1841 to 1851. Judge Mershon was a dignified, yet affable gentleman, and is still kindly remembered by the remaining old-timers in this county. He was succeded by J. N. Starkey, who served from 1851 to 1852, when the court was abolished.

THE COMMON PLEAS COURT.

The Common Pleas district of which Madison county was a part was composed of Madison, Hancock and Henry counties, and the first judge elected to the office was David S. Gooding, of Hancock county, who served from 1853 to 1856, when Richard Lake was elected. Judge Lake served until 1860, when he was succeeded by William Grose, of Henry county. Judge Grose resigned shortly after being elected, and E. B. Martindale, of Henry county, was ap- pointed to the vacancy by the Governor. Judge Martindale also resigned after serving a short time, and Judge Gooding was again elected in 1862 to the judgeship. He served four years and was succeeded by William R. West. Judge West held the office for a period of eight years and was succeeded by Robert L. Polk. who served until 1873, when the court of common pleas was abolished.

THE SUPERIOR COURT.

After the Commpn Pleas Court had been abolished all legal matters over which it had jurisdiction were adjudicated in the circuit court. The business of this court increased to such an embarassing extent with the increase of population and development of the county that it became necessary in

HISTORY OF MADISON COUNTY, INDIANA.

1895 to take steps toward relieving the situation. To this end a bill was introduced at the 59th session of the General Assembly, held in 1894-5, creating a superior court for Mad- ison county. The bill was passed on the 27th of February, 1895, and became a law.

JURISDICTION OF THE SUPERIOR COURT.

Concerning the jurisdiction of the superior court, Sec. 10 of the act says : "Said court within and for said county shall have original and concurrent jurisdiction with the cir- cuit court in all civil cases and jurisdiction concurrent with the circuit court in all cases of appeal from justices of the peace, boards of county commissioners, and mayors or city courts in civil cases, and all other appellate jurisdiction in civil causes now vested in or which may hereafter be vested by law in the circuit court; and said court shall also have concur- rent jurisdiction in all actions by or against estates. Pro- vided, however, that said superior court, hereby constituted, shall not have jurisdiction in a matter of probate or the settle- ments of decedent's estates, but the same shall be and remain within the jurisdiction of the circuit court as now provided by law."

After the bill creating the court had become a law, a petition numerously signed by the members of the bar and leading citizens of the county was presented to the governor asking that William S. Diven be appointed judge. There was but little, if any, opposition in any quarter to the appoint- ment of Judge Diven and he was accordingly honored by the governor with the position, his commission being presented to him on the 1st of March, 1895. Judge Diven was succeeded by the present incumbent, Henry C. Ryan.

THE BAR-PAST AND PRESENT.

Among the early practitioners at the Madison county bar, from 1823 to 1840, were : Daniel B. Wick, Calvin Fletcher, James Gilmore, James B. Ray, Martin M. Ray, Joseph Cox, Oliver H. Smith, Lott Bloomfield, Charles H. Test, David Wallace, Edgar C. Wilson, Philip Sweetzer. William R. Mor- ris. Jos ah F. Polk, Cyrus Finch, James Rariden. Bethuel F. Morris, William Carpenter, James Noble. Harvey Gregg, Providence McCorry, Hiram Brown, James Whitcomb, James Forsee, David Kilgore, Thomas C. Anthony, William Herod, John II. Scott, C. D. Henderson, Thomas D. Walpole, Hum-

HISTORY OF MADISON COUNTY, INDIANA.

phrey F. Robinson, Alfred Kilgore, Ovid Butler, Abram A. Hammond, John Davis, Addison Mayo, David Moss, Mason Hughes, William Quarles, Isaac Scearce, Franklin Corwin, Robert N. Williams, Earl S. Stone, Jacob Robbins, William J. Peaslee, D. Lord Smith, Simon Yandis, John M. Wallace, Lucien Barbour.

In this roster will be recognized the names of men who in their time were eminent in the affairs of the State and na- tion. One at least was a United States Senator, some were elected to the office of Governor, several to the lower house of Congress, and many were chosen at different times as judges. But three-Judge John Davis, R. N. Williams and Isaac Scearce-resided in the county, the others being citizens of other but contiguous counties. Along with the development of the county, however, and the increase of population, the local bar increased in numbers correspondingly until 1887, when, owing to the discovery of natural gas, men of all classes, conditions and professions flocked to the county, and the bar was augmented to such an extent that it now numbers ninety- five members. From 1840 to the present time (1896) the fol- lowing named persons residing in the county have been ad- mitted to the bar. Many of the persons whose names are given have departed this life, while others have retired from the practice or removed from the county :

Seth Smith. William R. ()'Neil, Richard Lake, Hervey Craven, Milton S. Robinson, E. B. Goodykoontz. James W. Sansberry, John A. Harrison, S. W. Hill, Nathan Brag, S. C. Martindale, W. R. Pierse, T. C. S. Cooper, Allen Makepeace, II. D. Thompson, C. D. Thompson, W. R. West, A. S. Mc- Callister, W. A. Kittinger, John E. Corwin, W. R. Myers. J. H. McConnell, John W. Lovett, B. H. Dyson, A. D. Will- iams, F. A. Walker, W. L. Roach, C. L. Henry, T. B. Orr. F. S. Ellison, D. C. Chipman, J. M. Dehority, M. A. Chip- man, H. C. Ryan, E. P. Schlater, W. S. Diven, J. N. Study, D. N. Berg. George Ballard, D. W. Wood. T. J. Nichol, J. B. Kinnard, O. P. Stone, A. W. Thomas, J. W. Hardman, Chas. Nation, J. F. McClure, Frank P. Foster, .1. C. Carver, E. B. McMahan, A. J. Behymer, E. F. Daily, S. F. Keltner, E. E. Hendee, C. M. Greenlee, A. A. Small, D. H. Fer- nandes, S. B. Moore, E. D. Reardon, E. B. Chamness, J. C. Shuman, J. M. Farlow, J. M. Hundley, W. A. Swindell, J. R. Thornburgh, Perry Behymer, L. D. Addison, W. A. Sprong, B. H. Campbell, W. S. Shelton, E. S. Griffin, S. C.

HISTORY OF MADISON COUNTY, INDIANA.

Forkner. M. M. Dunlap, J. E. Wiley, Frank Matthews, D. L. Bishop, John Shannon, W. F. Edwards, O. A. Armfield, F. A. Littleton, Jos. Schumacher, D. W. Scanlan, Mark P. Turner, L. B. Jackson, J. T. Ellis, Nicholas Harper, Isaac A. Loeb, Geo. S. Taylor, A. A. Stiles, R. Broadbent. John Beeler. James A. VanOsdal, HI. F. Wilkie, HI. W. Taylor. Edward Hall, Austin Retherford, J. W. Perkins, A. J. May. Bert Call, J. B. McIntire, W. W. Barton, I .. . 1. Rizer, Charles Bagot, E. S. Boyer, John Finan, Jr., Guy Ballard, J. J. Netterville, A. L. Doss, E. M. Welker, J. L. Crouse, Willis S. Ellis, F. T. Pulse, Alva George, W. H. Jones. A. II. Vestal, W. A. Tipton, Charles Clevenger, Thomas Bagot, W. S. Rector, M. E. Fitzgerald.

CHAPTER XI.

EARLY EFFORTS FOR THE PROMOTION OF FARMING INTER- ESTS-LEGISLATION AND ORGANIZATION-FAIRS.

When the first settlers located in Madison county the 450 square miles, or 286,997.45 acres comprising its area were, with the exception of a small amount of prairie land, covered by unbroken forests out of whose sombre depths came no echoes save the howl of the skulking wolf, the panther, or the wierd halloa of the roving red man. The pioneers plunged into the vast solitudes with axe and grubbing-hoe in hand and it was but a short time until a number of small farms had been carved out of the wilderness. The soil was fertile. the wood- men unceasing in their toil, and each year added to the acreage of tillable land. Orchards were planted. gardens were laid out " where the brood of serpents used to nestle " and the sturdy husbandmen began vieing with each other in the pro- duction of the best of everything a fruitful soil could yield. They were encouraged in this not only by the gratifying results of their toil, but by frequent exhortations from the early governors of the state, who recognizing the fact that Indiana was from the nature of her soil and climate peculiarly adapted to agriculture, urged upon the legislature the importance of passing laws encouraging friendly rivalry among those engaged in agricultural pursuits. Societies for the promotion of agri- culture and stock raising were organized in different parts of the state and fairs were held, as far back as the early '30s, at which the farmers annually exhibited their stock and farm products.

THE FIRST FAIR

Held in Madison county appears to have been a private enterprise in which Joseph Barnes and Archibald Parker were, as an old-timer expresses it, " the officers, board of directors and managers." This competitive exhibition was held in the year 1837, in " Andersontown " and on the ground now occupied by the court house. The ground at the time was covered with stumps and Ex. Mayor Dunham, of Ander-

HISTORY OF MADISON COUNTY, INDIANA.

son, asserts that the largest pumpkin he ever saw was exhib- ited from the top of one of them. There was no admission charged at this fair and no premiums were awarded save the traditional red and blue ribbons. This fair did not result very happily so far as its promoters were concerned, as a decision by one of the committee on awards gave rise to a controversy between them which eventually resulted in the removal of Barnes from the county.

The next fair was held at Huntsville in 1839, but whether it was a success or not does not appear. The exhibit of agri- cultural products and stock, as well as the attendance, was necessarily small and no doubt discouraging. The late Hon. William Roach, of Anderson, was one of the directors of this fair. Conrad Crossley, John J. Lewis, John H. Cook and Isaac Busby also took an active interest in the exhibition, being members of the society under whose auspices it was given. The county evidently assisted this society financially, for at the March term, 1837, of the Board of Commissioners the following order was made : " Ordered by the Board that the sum of $25 of the county funds of Madison county, be, and the same is hereby appropriated to the agricultural society of said county." The society was shortlived and no more fairs were held in the county until 1850, when another society was organized. Col. Townsend Ryan was president of the society. Andrew Jackson, William Craycraft and others con- stituted the board of directors. After the society had been organized, a tract of land containing twenty-five acres was leased of John Davis at Anderson. This land is now covered with comfortable houses and is situated just west of the Big Four railway (C. W. & M). The grounds extended from what is now Eighth street to " Green's Branch," the entrance being on Eighth street. This street was then known as the " Strawtown road," and was traveled more at that time than any other thoroughfare in the county.

Fairs were held on these grounds until 1855 when the lease expired, and the society having no suitable grounds where they could conduct a fair, passed out of existence.

THE PENDLETON FAIR.

On July 20, 1867. a meeting of gentlemen residing at and in the vicinity of Pendleton was held at that place for the purpose of organizing a Fair Association. At this meeting a committee on grounds and subscriptions was appointed, also

HISTORY OF MADISON COUNTY, INDIANA.

a committee to draft articles of association. The first board of directors was elected February 1, 1868. The directors were Thomas Wilhoit, Robert Blakely, John Z. Patterson, W. G. Walker, John H. Kinnard, Joseph (). Hardy and Hervy Cra- ven. The board organized by electing J. H. Kinnard, presi- dent, E. Williams, secretary, and J. W. Bomgardner, treasurer. The association purchased grounds southeast of Pendleton a short distance, where annual exhibitions were given from the fall of 1868 to the fall of 1876, when the association disbanded.

MADISON COUNTY JOINT-STOCK AGRICULTURAL SOCIETY.

Laws were passed in the meantime with reference to agricultural societies that were more in keeping with the im- proved condition of agriculture in the State. A number of public-spirited citizens met and organized a joint-stock fair association. This society was organized on the 16th of May, 1868, at Crim's Exchange bank, in Anderson. The presiding officer at the meeting was James M. Dickson. Dr. Townsend Ryan acted as secretary. William Crim was chosen president of the association for the ensuing year, Dr. Ryan, secretary, and John P. Barnes, treasurer.

On the 31st of May, a tract of land was leased across the road and a little to the northwest of the old fair grounds at Anderson. The grounds were eligibly situated and in every respect adapted to the purpose for which they were used so many years. They were at once inclosed; a fine half-mile race track constructed and that fall a fair was given which proved a gratifying success, not only to the management, but to ex- hibitors and the public at large. Annually for several years improvements were made on the grounds until they became famous throughout the State for their beauty and the accom- modations afforded exhibitors and the public. From the time the association was organized until 1887. its yearly expositions were largely partonized, Thursday being the " great day " of each meeting. The best races usually occurred on that day, and thousands of people attended the fair to see and enjoy the sport. From 1887 to 1890, however, it became apparent that the people throughout the county were losing interest in the fair, notwithstanding the attractions and large premiums offered by the association. The awards were always paid promptly and no complaints were ever made of the manage- ment. But with the decrease in attendance the society be- came involved in debt. The growth of the city had extended

HISTORY OF MADISON COUNTY. INDIANA.

beyond the limits of the grounds in every direction and pro- ceedings having been instituted for the opening of streets through the grounds, the stockholders very wisely concluded that it would be to the interest of the association and all con- cerned to dispose of the grounds, settle up its affairs and terminate its corporate existence. This determination was arrived at immediately after the fair in the fall of 1890, the attendance that year being very small and a lack of interest in its success being manifested generally by its former patrons. That winter the legislature passed an enabling act author- izing the " Madison County Joint-Stock Agricultural Society, of Madison county, Indiana, to sell and convey all her corpor- ate property, distribute the proceeds, and end her corporate existence." After the passage of this act the grounds were divided into lots and sold, and the Madison County Fair Association became a thing of the past. The officers of the association the last year of its existence were: John P'. Barnes, president ; W. T. Durbin, treasurer ; Edmund John- son, secretary : and C. K. Mccullough, superintendent.

NORTH ANDERSON DRIVING PARK ASSOCIATION.

In 1892 a number of citizens, several of whom were in- terested in fast stock, organized a racing association that was known as the North Anderson Driving Park Association, from the fact that grounds were purchased for the use of the association in that locality. H. C. Ryan was elected president of the association for the ensuing year : W. T. Durbin, treasurer ; C. K. Mccullough, secretary, and N. A. Free, superintend- ent. Several large stables were erected on the ground- and a mile track constructed that was regarded by horsemen as one of the finest in the west. Meetings or races, were held in 1892-3. but were not very liberally patronized for various reasons, and this together with the fact that many who had subscribed for stock in the association refused to meet the assessments made against them compelled the directors to close up the affairs of the organization. The grounds and belongings of the association were sold by an order of the circuit court in 1894.

ELWOOD DRIVING PARK AND FAIR ASSOCIATION.

This association was organized at Elwood, October 3, 1.95, by the election of the following board of directors : C. C. DeHority, M. J. Clancy, H. G. Harting, F. M. Harbit, D. G.

HISTORY OF MADISON COUNTY, INDIANA.

Evans and P. T. O'Brien. Grounds were purchased about a mile and a half northeast of Elwood, and in the following Sep- tember, the society held its first meeting. Liberal premiums were offered in the various departments, and the fair was a grat- ifying success in every respect. The association will hold its meetings annually. The following are the present officers of the association : N. J. Leisure, president ; D. G. Evans, secretary ; F. M. Harbit, treasurer ; P. T. ()'Brien, superin- tendent.

CHAPTER XII.

THE INDIANA CENTRAL CANAL-INTEREST TAKEN IN THE IMPROVEMENT BY GOVERNOR RAY -THE FIRST RIOT IN ANDERSON-THE ANDERSON HYDRAULIC.

Governors William Hendricks, James B. Ray, Noah No- ble-in fact all the early Governors of Indiana, were very solicitous concerning the development of the State's resources. and consequently were deeply interested in the public high- ways, whether they were by land or water. In a message de- livered before the Legislature in December, 1826, Governor Ray said : " On the construction of roads and canals, then, we must rely as the safest and most certain State policy to re- lieve our situation, place us among the first States in the Union, and change of hard times into an open acknowledg- ment of our contentedness. We must strike at the internal improvement of the State, or form our minds to remain poor and unacquainted with each other !" Governor Noah Noble, who succeeded Governor Ray, urged upon the Legislatures of 1831-4 the importance of a well-defined system of public im- provements. The people had become aroused upon the sub- ject and demanded the adoption of measures necessary to the development of the State's resources. At that time canals and railroads were being constructed in various parts of Indi- ana, and it became necessary that a general system of internal improvements should be adopted. Accordingly, the General Assembly of 1836 passed an act providing for the appoint- ment of a Board of internal improvements. The Board con- sisted of six persons, appointed by the Governor, " by and with the advice and consent of the Senate and the Canal Com- missioners then in office." This Board had general supervision of all internal improvements in the State. Among the im- portant works specified in the act was " the Central canal. commencing at the most suitable point on the Wabash & Erie canal, between Fort Wayne and Logansport, running thence to Muncietown, thence to Indianapolis, thence down the val- ley of the West Fork of the White river to its junction with the East Fork of said river, and thence by the most practica- ble route to Evansville, on the Ohio river."

HISTORY OF MADISON COUNTY, INDIANA.

The Legislature appropriated $3,500,000 for the construc- tion of this canal and navigable feeder. Work was begun in 1838 on the division of the canal running through Madison county, but there came a revulsion of public sentiment in 1840 against any further appropriations for internal improvements, and work on the canal was abandoned never to be resumed. In this connection the following

ACCOUNT OF A RIOT

is given, principally for the reason that the circumstances, al- though familiar to all the old-timers of Anderson at that period, have never been related in any history or "musty chronicle" of Madison county.

The men employed on the construction of the canal were like they are usually on all public works, very largely of for- eign birth. and in this instance a majority of them, Irish. While the work was in progress in the vicinity of Anderson, they lived in huts or " shanties" east of town and along the line of the improvement. At that time there was a public house, or " tavern ," built of logs and situated on the south- east corner of the thoroughfares now known as Ninth street and Central avenue. The proprietor was an Irishman of the name of Ferriter, who, besides furnishing forth to his guests a sumptuous board, boasted that he had the best "old rye " on White river. Being Irish, he was of course patronized liber- ally by his countrymen employed on the canal, especially whenever they wanted a draught of anything to drive away " malaria." It so happened that a number of the Irishmen employed on the canal were Orangemen, and between them and the Catholic Irishmen there was, of course, a feeling of bitter hatred which needed but slight provocation to manifest itself in acts of violence. One of the Orangemen had been caught and severely injured by a cave-in of the bank of the canal, and had been removed to the " tavern " where he could be better taken care of by his friends. Another Orangeman described as a bright, active young man. was taking care of his injured friend. One day a party of Catholic Irish came across the river to the " tavern" and after imbibing freely of Ferri- ter's " malaria " cure, became involved in an altercation with the young Orangeman who, seeing that he would probably be killed, ran from the premises to the house of Willis G. Ather- ton, Esq., where he unceremoniously took refuge in a bed room. He was pursued by the infuriated Irishmen to the

HISTORY OF MADISON COUNTY, INDIANA.

house, where they demanded that the young man be delivered up to them. Mr. Atherton was a law-abiding citizen, and while somewhat disconcerted at the sudden and unexpected outburst of violence at his door, was brave enough to refuse the demands of the excited Irishmen, who at once began throwing stones at the house. In the meantime the news of the trouble had spread abroad through the village and every man that had a rifle or shotgun, seized it and ran to the scene of the riot. They closed in on the rioters and several of the most violent and obstinate among them were arrested and placed in the log jail. The friends of the imprisoned men were determined on liberating them by force, and it became necessary for the offi- cer- and a posse of citizens to guard the jail for several weeks after the disturbance. They sent word to the officials and citizens that they intended to cross the river as soon as they could prepare themselves, and rescue their friends, regardless of the consequences. On several occasions they came as far as the river opposite the village and fired a fusilade with their guns in order to terrify the inhabitants, and one night, believ- ing they had the officers and citizens properly frightened, crossed the river for the purpose of attacking the jail and lib- erating the prisoners. The officers had been warned, and when the mob crossed the river they found themselves surrounded by as brave and determined a band of men as ever settled in a new country. Their guns and ammunition were taken away from them and' they were told that any further demonstra- tions on their part would be received as the acts of outlaws and the authors of them treated as such. This had the desired effect. There was no more disturlance and the imprisoned men were finally released from custody.

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Historical Sketches and Reminiscences of Madison County, Indiana: A Detailed History of the., Part 6

Author: Forkner, John L. (John La Rue), 1844-1926 Publication date: 1897 Publisher: Anderson, Ind. : Forkner Number of Pages: 1055

Author: Forkner, John L. (John La Rue), 1844-1926
Publication date: 1897
Publisher: Anderson, Ind. : Forkner
Number of Pages: 1055