USA > Indiana > Allen County > History of Allen County, Indiana, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 20
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The following was the financial showing for the second year of the county's organic existence, as shown by the report of William G. Ewing, County Treasurer, submitted and filed at the January session, 1826:
Total amount of Receipts for 1825 .. $283 31}
Amount paid out. 22 41
Balance in treasury.
.. $260 90
Thomas Forsythe was appointed Treasurer, to serve for one year from the 1st day of January, 1826.
May 2, 1826, it was " Ordered by the Board of Justices, that Alexander Ewing he allowed the sum of $20.50 for house rent for the Allen Circuit Court, at the February term, 1826, and for Board of County Justices, including tbis session."
It was further ordered by the Board, at the May session, 1828, that the Clerk of the Allen Circuit Court be " authorized to procure a seal for the persons doing eouuty business, with such device as he and they deem best."
Again, at the November session, 1829, the Board " Ordered that the rate of license for keeping a ferry across the St. Mary's River, in Allen County, be $1 per year." Tbe rates of toll were fixed as follows :
For footmen. .. each, 6} cents.
For a man and horse.
123 4
For each head of horses and cattle. GI
For each head of hogs and sheep 3
For oxen ... 25
For wagon and two or more horses 50
This was the last session of the Board of Justices in Allen County, the law under which it acted having been superseded, and the authority again vested in a Board of Commissioners.
CHAPTER III.
Early County Legislation-Early Orders and Statements in Detail-County Finances and their Condition During the Primary Period-Commissioners' Seul, Etc.
Shortly after the organization of the county, the law before in force, vesting the legislative authority in a Board of County Commissioners, was super- seded by the law regulating county business, which transferred that jurisdiction to a Board of Justices, composed of the several Justices of the Peace of the county. This latter law was in force from the first Monday in September, 1824, until October, 1829, at which time, the law having been repealed, a new Board of Commissioners, consisting of Nathan Coleman, William Caswell and James Holman, was chosen, at a special election beld on the 12th of October of that ycar.
Among the first acts of the new Board was to fix the rates of taxation for the year 1830. What was done, will appear in the following :
"Ordered, That there be assessed and collected, as a revenue due the county of Allen, the sum of 40 cents on every hundred acres of first-rate land, and 30 cents on every hundred acres of second-rate land, and 20 cents on every hundred acres of third-rate land."
49
HISTORY OF ALLEN COUNTY, INDIANA.
At the September session, 1830, the Board ordered " that the County Sur- veyor for the county of Allen be directed to survey that part of the reservation on which the fort now stands, in said county, that part of said reservation for which the county of Allen has a pre-emption-for the use of said county, and make return of said survey with a plat thereof and quantity of aeres, to the Board on the first Monday in November next."
In the mean time, under the right of pre-emption acquired by act of Con- gress of the 31st of May of the same year, the authority to enter twenty aeres of the west side of the fort reserve, at $1.25 per aere, by the Associate Judges of the county, had been transferred, by an order of the Board, to the County Agent, for the use of Allen County. In order to make the purchase when offered for sale, under the provisions of that act, steps were necessarily taken to make defi- nite arrangements for the procurement of money for that purpose, and the Board did so accordingly.
At a special session of the County Board, held on the 9th of October, 1830, it was
"Ordered, That Franeis Comparet, Agent of Allen County, be and he is hereby required to proeure money, by loan or otherwise, sufficient to purchase that part of the forty aeres reserved for the use of the Indian Ageney, on which Fort Wayne now stands, being that part for which the county of Allen has a pre- emption by virtue of an act of Congress, passed and approved May 31, A. D. 1830, allowing the Associate Judges in said county to enter at the minimum priee, for the use and benehit of said county, so much of the said forty-aere reser- vation as the county has a right of pre-emption to, by virtue of the aforesaid aet, and that he be allowed to pledge the faith of the county therefor, if necessary." Pursuant to that order, the sum required was procured of Heury Rudisill, and the purchase made as therein contemplated.
At a subsequent meeting of the Board, on the 27th of the same month, after the purchase had been consummated, the "County Agent was ordered to lay off into lots that part of the Fort Wayne reservation for which the eounty has a right of pre-emuption, and make out a plat thereof." This order, too, having been eom plied with, the proceedings thereunder were reported to the Board at the November term of the same year. The territory so ordered to be platted, was divided into seventy lots, including such as were fractional ; where- upon the County Agent aforesaid was directed to sell the same, and he sold them accordingly, on the 17th of the same month, at fair prices for the times.
Again, on the 9th of August, 1831, the serviees of the County Agent were ealled into requisition, and he was directed " to enuse the eutting-off of the brush and stumps from the public square, to be let to the lowest bidder at publie sale, and eertify the amount to the Board, who will allow the amount to the person doing the work, the same to be done immediately." Under the order of the Board, also, dated March 5, 1832, the Agent was authorized to lease to James Wilcox, on his own application, thirty feet front by fifty back, at some remote corner of the publie square, at the yearly rent of -- per year, allowing him to hold it for four years if he so desired. During the same term, the following further order was made: "The Board orders the County Agent to agree with Wileox at the following rent : At the corner of Main and Calhoun streets, of the publie square, $10 ; at the corner of Main and Court streets, $8, and on the corner of Court street and Perry or Barr street, $6 per year." Afterward, at a special session of the Board, held in June, 1834, further direction was given the County Agent, " authorizing him to lease to David H. Coleriek a piece of ground for eight years, at the northwest corner of the publie square, fronting on Main street twenty-five feet and running baek forty feet, for which the said Colerick is to pay the county, for eaeli and every year, $10, at the end of each year."
At the January session, 1833, the ninth year after the organization of the county, the Board fixed the rate of taxation for the current year as follows : On ench poll. 50
On each mare, horse or gelding, mule or ass, three years old .. 37.4
On ench four-wheel pleasure carriage $1 50
On each two-wheel pleasure carriage. 1 00
On each brass clock .. 50
On each gold, silver and composition watches, each ...
25
Each work-ox over three years old. 25
On the 6th of January, 1834, the first legal notice directed to be published in a publie newspaper printed in the county was ordered by the Board to be pub- lished in the Fort Wayne Sentinel, in the case requiring the County Ageut to give notice that he would employ the County Surveyor to establish the corners of the county additions to Fort Wayne. Two days after, an allowance was inade to Tigar & Noel, proprietors of the Sentinel, for the publieation of that notiee.
In October, 1834, at a special session of the Board, it was " ordered that L. G. Thompson be employed to attend the poor- house for one year from this date, at two shillings per mile for visits, and one shilling for each dose of medieine pre- scribed "-cheap doctoriug, compared with the experiences of the medieal profes- sion and its praetiee at the present day.
The following items of legislation appear among the records of the County Board, and are important, as indicating the steps taken toward providing for the wants and treatment of the poor of the county : During the first ten years of the county's existence, no organized aetion had been taken looking to the ultimate accomplishment of such a purpose. This record bears date in January, 1834, and refers only incidentally to the fact that an infirmary had been built and a poor-farin purchased, without any details as to the plan and management. By the aet of the Board, however, on the 6th of May following, the Clerk was author- ized " to advertise for the furnishing of medical supplies and attendance for the poor at the poor-house, in the Fort Wayne Distriet, for one year, and William Rockhill was appointed to procure a suitable person to take charge of the poor- house and make contracts for keeping the poor, and to act, at present, as Superin- tendent of the Poor-House and Poor-Farm."
At the session of the Board on the 6th of January, 1835, the poor farm was let for six years to Jeremiah Bowers, he to have the poor and take care of thein, and receive $2 per week for boarding, making and menning, and clear twenty-five acres of land, " eighteen inches and under," and make a fence six rails high and " double rider " the same.
At the session held in May of the same year, an order was made directing that notice be given for a meeting of the citizens of the county, at the Court House, to consider the propriety of organizing a County Agricultural Society. This appears to have been the first effort toward the formation of such an assoei- ation in Allen County.
The Board also, at the same time, under the law then in foree, requiring the rate of taxation of property to be upon the valuation thereof, " ordered that there be levied on every hundred dollars in value, of real and personal property, in said county of Allen, thirty-three and one-third eents ; for road purposes, one eent on every hundred dollars. Polls to be collected at the rate of seventy-five eents on eael person."
Whilo the September term, 1837, of the County Board was in session, the following further order was made in reference to the organization of a County Agricultural Society :
"Ordered, That the Sheriff be directed to eause the voters of Allen County to be notified that there will be a meeting held at the Court House in said county, on the first Monday in January next, for the purpose of forming an Agricultural Society."
At the terin following, in November, 1837, the Sheriff was ordered to erect a " Publie Pound," on the southeast corner of the publie square, being the corner fronting on Court and Berry streets, in the town of Fort Wayne.
C. V. N. Lent, M. D., was employed to attend the poor at the alms-house, at the Mareh terin, 1839, to receive 25 cents per mile traveled, 6} cents for cneh dose of medieine, and $200 per annum for surgical operations, or 50 per cent below usual charges.
To encourage the killing of wolves, the County Board, under the law apper- taining thereto, at the September session, 1840,
"Ordered, That for each and every wolf killed in this eounty, if over the age of six months, the killer thereof shall be entitled to the sum of three dollars, and, if under the age of six months, one dollar and fifty eents, to be paid out of' the county treasury, and that the Clerk be governed by the old law in granting certifieates for the same." The law under which this order was made provided that, for each wolf supposed to be six months old and upward, killed within eight miles of any settlement, the killer thereof should be allowed and receive $1; and for each wolf under six months old, 50 cents, to be paid out of the State Treasury on the certificate of the Clerk of the Circuit Court of the county where the same was killed. A further provision authorized the Board doing eounty business to allow, to the holder of any such certificate, an additional sum, not exceeding 82, for a grown wolf, and $1 for each under six months old, to be paid out of the county treasury. Before issuing the certificate provided for, it was made the duty of the Clerk to administer to the killer the following oath or affirmation :
" You, , do solemnly swear (or affirw) that the scalp or scalps pro- duced were taken from a wolf or wolves, killed by you within this county, and within eight miles of some one of the settlements thereof, aud within thirty days past ; and that you believe such wolf or wolves, frow whieb they were taken, were under or over six months old (as the case may be), and that you have not spared the life of any wolf or wolves, in your power to kill, with the design to increase the breed thereof." This law was necessarily stringeut, and its provis- ions were, as a rule, rigidly enforced.
On the 1st day of March, 1841, the Board made the following order, that " G. W .. Wood, having filed his proposal to print all notiees, orders, ete., for the county for one year from date, for the suur of nine dollars and fifty cents, it is therefore ordered that the Clerk eause all orders, etc., for the county, to be pub- lished in the Fort Wayne Times until March, 1842."
COMMISSIONERS' SEAL.
The following is the device for the seal to be used by the County Board in attesting its official acts, as preseribed by the Board at its session, September 9, 1841 :
"Ordered, That the following deseribed seal be used as the seal of the Board of County Commissioners of Allen County, Indiana. The following is the device: Britannia seated on a shield and grasping the trident of Neptune, with the words ' Britannia, Rex. Fid. Dep.'-to be used until such time as another seal can be proeured by said Board."
On the same day, it was
"Ordered by the Board, That the County Agent be and he is hereby author- ized to procure a seal for the Board of Commissioners, bearing the following deviee and letters, viz .: A sheaf of wheat in an upright position with a siekle stieking therein ; and, in the background, a field of eorn with a reaper at work. And in a eirele surrounding said deviee, the following words: 'Commissioners of Allen County. Ia. Seal.' The word seal to be in M. and the sheaf of wheat."
At the session of December 8, 1841, an additional bounty for wolf scalps was offered, making $5 for a full-grown wolf, and $2.50 for every scalp of a half- grown wolf, killed in the county.
Because of the progress made in building a new Court House, there was a necessity for removing the obstructions on the public square, to put the area in a more presentable shape. The Board, at the Mareh term, 1843, directed the County Agent to eanse the buildings east of and adjoining the Auditor's office, to be removed from the publie squaro; also, the stable on the square; to grade the square, and grade and eurb the sidewalks on Calhoun street. At the same session, a contraet was eutered into with Benjamin Mason, Charles French and
50
HISTORY OF ALLEN COUNTY, INDIANA.
John O'Cnnour, for the erection of a building on the southeast corner nf. the public square, suitable for one court-room and two offices.
For the use of the First Presbyterian Church, in Fort Wayne, the Board, at the June term of the same year, authorized the County Agent t.> quake, exe- cute and deliver to the Trustees nf said Church, a deed for Lot No. 63, in the county addition to said town, the nrder hearing date June 16, 1843. On the following day, the Board further ordered the County Agent to purchase Lot No. 518, in Hanna's Addition to Fort Wayne, for the purpose of building a jail thereon, for the sum of $500, payable in three annual installments. This same lot has since become the property of the Berry Street Methodist Episcopal Church, and is the site now occupied by the church edifice of that congregation.
September 5, 1843, the Board received and adopted a seal to he used "by them in their official capacity, substantially the same, descriptionally, as that pro- posed hy the County Agent on the 9th of September, 1841.
At the June teriu, 1844, the Board fixed the following as the rate of taxa- tion for the year 1845: 25 cents on each $100 valuation, and 20 cents for the year 1846, for the purpose of building a jail.
CHAPTER IV. JUDICIARY.
Circuit Court Organized-First Circuit and Associate Judyes-Court Officers- Character of First Business for Adjudication-Probate Court-Its Sphere -Court of Common Pleas-Jurisdiction-Officers-Length of Term-Abol- ishment-Criminal Court, etc.
The judicial system of the State of Indiana in foree during the existence of the constitution of 1816, prescribed that " the Circuit Courts shall consist of a President and two Associate Judges." This Court, in every county of the State, had common law and chancery jurisdiction, as also complete criminal jurisdiction, subject to the restrictions imposed by law. " The President alone, in the absence of the Associate Judges, or the President and one of the Associate Judges, in the absence of the other, shall be competent to hold a court, as also the two Associate Judges, in the absence of the President, shall he competent to hold a court, except in capital cases and cases in chancery.
Under that system, also, the State was divided into as many circuits as the exigencies of the State from time to time demanded, with a Presideut Judge for each eircuit, who should he a resident therein, wbose jurisdiction was co-extensive with his circuit. The Associate Judges were for the county only, and were elected by the people thereof at the general election, while the President, or Cir- euit Judges, were appointed hy joint hallot of both branches of the u,eneral Assembly, each holding office during a term of seven years, if be so long hebaved well. The Clerk of the Circuit Court was elected by the people of each county at the general election, and held office for a term of seven years. The Sheriff, however, held bis office for two years only, and was elected by the people of one eounty. Prosecuting Attorneys, under the law in force from and after the first Mouday in August, 1824, were appointed by the Governor, the term of service heing nne year only. At a later period, his appointment was hy joint hallot of the Legislature, and his term of service fixed at two years.
Allen County, by the provisions of the law approved January 20, 1824, was placed in the Fifth Judicial Circuit, of which William W. Wick was Judge, wbn resigned, and Hon. Bethuel F. Morris was appointed in his stead, his com- mission bearing date January 9, 1825.
The first term of the Circuit Court in this county, was beld at the house of Alexander Ewing, commencing on Monday, August 9, 1824, at which the President Judge of the Circuit was not present, the eourt heing beld hy Saiuucl Hanna and Benj. Cushman. The following is the official account of the first day's proceedings : " The State of Indiana, Allen County, ss.
" Monday, the 9th day of August, in the year of our Lord one thousand eight hundred and twenty-four. This heing the day appointed by au act of the General Assembly of the State nf Indiana, entitled, ' An act to regulate the judicial circuits and fixing the time nf holding courts, approved January 20, 1824,' for the meeting of the Circuit Court of the county of Allen and State afore- said. The Honorable Samuel Hanna and Benjamin Cushman produced com- missions from His Excellency, William Hendricks, Governor of the State of Indiana, appointing them Associate Judges nf the Circuit Court in and for said enunty, on which said commissions were indorsed the oaths of office, as required by law; whereupon, they took their seats."
Anthony L. Davis, commissioned by William Hendricks, Governor, on the 15th day of June, 1824, for and during the term of seven years froui said day, and until his successor he appointed and qualified, was duly sworn, having filed bonds in the penalty of $2,500, with John Tipton and Benjamin B. Kercheval as sureties.
Allen Hamilton, Sheriff, produced and filed his commission as such, to wit : William Hlendricks, Governor of the State of Indiana :
'To all who shall see these presents-Greeting : Know ye that I have commissioned, and do by these presents commission, Allen Hamilton, Sheriff of the County of Allen. until the next general election, and until his successor shall be appointed and qualified, should be so long behave well, and do hereby authorize and empower him to do and perform all and whatsoever to the office and duty of Sheriff doth in anywise belong or appertain. [L. S.] Given under my hand and the seal of the Stale, al Corydon, this 2d day of April, in the year of our Lord one thousand eight hundred and twenty-
four, the eighth year of the State, and of the Independence of the United States the forty-eighth.
By the Governor. R. A. NEW, Secretary of State.
WILLIAM HENDRICKS.
" Charles W. Ewing, Esq., was appointed by the Court Prosecuting Attor- ney," and was duly sworn.
The Sheriff returned the venire before issued to him, with the following grand jurors by him regularly summoned, to wit : John Tipton, Paul Taber, William Suttonfield, Alexander Ewing, James Hackley, Charles Weeks, John Davis, William Probst, Horace Taylor, James Wyman, James Cannon and Peter Felex. Peter Felex was discharged for the term, when, a sufficient numher being present, the court ordered the Sheriff to fill up the panel from the traverse jury, whereupon Cyrus Taber and William N. Hood were summoned. The panel being full, John Tipton was appointed foremau, and then the first grand jury of Allen County was duly sworn and ebarged.
William G. Ewing was then admitted and sworn as an attorney of the Allen Circuit Court, and Alexander Ewing was licensed to keep a tavern in the town of Fort Wayne.
On the following day, which was the first. business day of the first term, the case of A. Canada vs. Nathaniel Canada, on petition for divorec, was called, when, it. having been shown that the defendant was a non-resident of the State, the court ordered that uotiee he given him hy publieation in the Richmond Enquirer. The first case upon the docket, however, was that of Richard Swain vs. Joseph Froutner, for trespass, which was continued. The territorial jurisdiction of the Allen Circuit Court at that period embraced the countics of Adams, Wells, Huntington and Whitley, as they are at present located.
At this first term, the grand jury found seventeen indictments-two for adultery, one for assault and battery, four for playing at a game (of cards), and ten for retailing spirituous liquors. Upon return of these indictments, on motion of the Prosecuting Attorney, it was ordered by the court that a capias issue agaiust. the defendants named in the several indictments found as aforesaid. returnable instanter. In response to said writs, nine of the ten defendauts for selling intoxicating liquors eame forward, pleaded guilty to the charge, and were fined hy the court $3 and costs, respectively, except one, whose fine was $4. Two of the defendants charged with " playing at. a game" submitted their case to a jury, and were fined $70 and costs. One ebarged with adultery was also tried hy a jury and acquitted, while another, a fewale, charged with a like offense, was tried hy a jury, found guilty and senteneed to fifteen days imprisonment in the county jail, but was released, on finding bail, in a penalty of $100. The grand jury attending at that term were allowed $1.50 each for their services, and, on motion of the Prosecuting Attorney, the court ordered that a capias issue against each person regularly summoned as a grand juror wbo failed to attend and serve as such, returnahle at the next term.
Other allowances at that term were made to Robert Hars, as Constahle of the Court, seventy-five cents per day, and Allen Hamilton $16.62, services as Sheriff for four months. This first term closed on Thursday, August 12, 1824, having been in session four days.
At the second term, which convened on Monday, June 6, 1825, Hon. Betbuel F. Morris, President Judge of the Fifth Judicial Circuit of the State, was present, and presided. He had been previously appointed Judge of their circuit, January 9, in the place of William W. Wick, resigned, to serve as such until January 2, 1829, and had heen sworn in by Hon. Isaac Blackford, one of the Judges of the Supreme Court. This term was beld at the residence of Alexander Ewing, Hon. Samuel Hauna acting as the Associate of Judge Morris. During that term, which lasted hut five days, James Rariden and Calvin Fletcher, the former of Richmond, and the latter of Indianapolis, Ind., were admitted as attorneys. In after years, hoth of these gentlemen won an honorable distinction as lawyers, as legislators, and in other departments of public business. At the same term, Henry Cooper, also, was admitted to the practice of law.
The third term of the Circuit Court was held at the house of. William Sut- tonfield, commencing on the 21st day of Novemuher, 1825, at which term, the President Judge being absent, Hon. Samuel Hanna and Benjamin Cushman, Asso- ciate Judges, presided. At this term, Charles W. Ewing reported a device for a seal to he used by the Clerk of Allen Circuit. A seal with a device was not, however, ordered to be procured until May, 1828, when the Clerk was authorized to order one, " with such a device as he may deem hest." Calvin Fletcher pro- duced his commission as Prosecuting Attorney, and was sworn as such at the same termn.
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