USA > Indiana > Allen County > History of Allen County, Indiana, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 21
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The fourth term was held at the residence of Alexander Ewing, during which, the President Judge heing again absent, Messrs. Hanna and Cushman, Associates, presided, Mr. Fletcher acting also as Prosecuting Attorney. Hiram Brown, of Indianapolis, and Moses Cox, were admitted and sworn as attorneys. This term commenced on the 13th day of February, 1826. The grand jury found two bills of indictment at that session, one of themu against. Sag-a-na, an Indian, for murder, the other against Elisha B. Harris, for larceny. Neither of these eases cver reached a trial, either on the ground of informality or for want of prosecution. There is remaining of record, however, something of a financial character, growing out of the capture aud imprisonment of the Indian, who, it seems, was the first prisoner confined in a county jail in Allen County. Cyrus Taber was allowed 825.12}, for guarding jail and dieting prisoners.
On the 13th of August of the same year, the fifth term of the Circuit Court was hegun, and held at the usual place of holding courts in Allen County, at which Hon. Miles C. Eggleston, of Madison, Ind., presided, with Benjamin Cushman, Associate ; Cyrus Tuher, afterward of Logansport, Ind., acting Sheriff, and Hon. Amos Lane, of Lawrenceburg, Prosecuting Attorney. At this term, the grand jury returned a report of the condition in which they found the couuty jail, upon examination thereof. The following is the opinion expressed hy them : " that the criminals' rooms are not a place nf safety for persons committed thereto ; that the dehtors' room, upper department of said jail, is not in a suit- ahle condition for the reception of debtors, from the want of locks, floor and bedding."
51
HISTORY OF ALLEN COUNTY, INDIANA.
No marriage record having been previously kept, Judge Eggleston, among other things, looking to the better management of business, prepared and presented, as a guide to tbe Clerk, forms for properly preserving records of marriages in tbe eounty. Following tbis, the next session of the court was held at the house of William Suttonfield, on the 27th of August, 1827. Present, Hon. M. C. Eggles- ton, President Judge; William N. Hood and Benjamin Cushman, Associates; Abner Gerrard, Sheriff, and Oliver H. Smith, then of Connersville, Ind., Prose- euting Attorney. At this term, William Quarles, afterward a prominent lawyer at Indianapolis, was lieeused to praetiee in the eourts of Indiana.
At the next term, which was beld at the house of Benjamin Areher, on the 12th of May, 1828, Judge Eggleston being absent, Messrs. Hood and Cushman, Associate Judges, presided. Charles H. Test, Prosecuting Attorney, and other offieers as at the prcecding term. Hon. Andrew Ingrain was admitted to prac- tiee at this term. Judge Eggleston was again absent at the term eommeneing November 10, 1828, the Associates presiding as before. David Wallace, after- ward Governor, acting as special prosecutor of the pleas of the State, and sue- eeeded in the eonvietion of Joseph Doane, for felony-the first from Allen County. He was senteneed to the penitentiary for three years.
At the succeeding term, commencing on the 11th of May, 1829, Judge Eggleston, President, and William N. Hood, Associate Judge, presided, Martin M. Ray acting as Proseentor. Among the proceedings of the term, Joseph Car- ville was eonvieted of lareeny and senteneed to confinement in the State Prison at hard labor for three years.
On the 14th of October, 1829, Anthony L. Davis, Clerk, resigned his offiec, which made the immediate appointment of a successor necessary. Accordingly, at a meeting of the Associate Judges. Joseph Holman was appointed in his stead to serve as such until the next annual elcetion or until a successor was chosen. Subsequently, Robert Hood was elected, his term corumencing February 15, 1830.
May 10, 1830, another term of the. Circuit Court commeneed, with Hon. Charles H. Test, President, and William N. Hood, Associate Judge; Robert Hood, Clerk, and James Perry, Prosecuting Attorney. At this term, Ne-we- ling-gwa, a Miami Indian, was tried and convieted of the murder of a half-Indian and half-negro woman, whom he recognized as his slave. Upon conviction, the jury recommended him to merey, and he was subsequently pardoned by the Gov- ernor and finally emigrated to Kansas in 1848, with others of his tribe.
" The first restraining case that came before the Court of Allen County, was that of Maria Caswell vs. William Caswell, to prevent the latter from selling cer- tain property during the pendency of a suit for divorce. This ease eame up at the September term, 1830, Judges Hood and Cushman presiding." At the April term, 1832, Gustavus A. Evarts and Jobn S. Newman appeared as attor- neys, and David H. Coleriek, produeing a proper lieense, was admitted and sworn as a practitioner at law.
This mueb must suffice for the early history of the Allen Circuit Court, the after proceedings of this court having become so voluminous that a digest of them at this time would be entirely unnecessary.
PROBATE COURT.
Tbe probate system of Indiana was not brought into practical operation in Allen County until the fall of 1825, more than a year after the organization had been otherwise perfected. Under the law in foree at that date, the Circuit Court was vested with jurisdiction over " matters relating to the probate of wills, grant. ing letters testamentary and administration, the settlement and distribution of deeedents' estates, the protection of minors, lunatics and idiots and the security of their estates, and the trusts, rights and interests arising from the relation of guardian and ward," in the several eountics in the State; hence, no Probate Judge, as a scparate offieer, was elceted at the time the other officers were ebosen. The Associate Judges of the Circuit Court, however, by virtue of law, became ex offieio Prohate Judges. The following is the record of proceedings at the first term :
" Monday, November 14, 1825.
" The Allen County Orphans' Court and Court of Probate, for the settle- ment of intestates' estates for the county of Allen, met at the house of Alexander Ewing, in the town of Fort Wayne, in aud for the county of Allen and State aforesaid. Present, the Hon. Samuel Hanna and Benjamin Cushman, Associ- ate Judges of the Allen Circuit Court and sole Judges of this Court, at which time Samuel Hanna produced a commission froui His Exeelleuey, William Hendrieks, Governor, bearing date the 15th day of June, 1824, appointing him Associate Judge of Allen Circuit Court, for the term of seven years from June 15, 1824."
William Cushman produced a like commission. Then the Sheriff pro- claimed the Probats Court of Allen County in session and ready for business. Letters were granted in vacation to Benjamin B. Kereheval, one of the executors named in the last will and testament of Adolphus Mariam, deceased, with Samuel Hanna as surety, which proceedings of the Clerk were approved, and the business of the first term was elosed.
The second term met as above, on the second Monday in February, 1826, but, no business appearing, the session ended with one day's service.
On the 13th of August, 1827, the third term of the Allen County Probate Court wiet as usual, at the house of Alexander Ewing, and then adjourned to the house of William Suttonfield. Benjamin Cushman and William N. Hood appear- ing as Associate Judges, the eorumission of the latter bearing date .April 3, 1827, and signed by James B. Ray, Governor, and for a term of seven years. The first business was the appointment of Joseph Ilolman as guardian of Andrew H. Stinson, a minor, aged twelve years, the 24th of August, 1827, until he should be twenty-one years old. Then the court adjourned until Wednesday morning, August 15. At that time Benjamin B. Kercheval, guardian of Jane S. Wells, having removed from the State, his letters were revoked, and Allen Hamilton
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(not at her request) was appointed and required to file hond in $3,000, with Samuel Hanna and James Barnett as securities. The court then adjourned to court in course.
On the first Monday, being the 5th day of May, 1828, the fourth term commenced its session before the same Judges as at the former term, and at the usnal place of holding the same. At this session Samuel D. Taber was appointed administrator of Paul Taber, deeeased, with Cyrus Taher as his seeur- ity ; at the same time, also, filed an appraisement of the personal property of the decedent, amounting in the aggregate to $1,159.50, together with an account of the sale of the samue, amounting to the sumu of $736.932. As a part of his report, he filed vnuchers for payments made, in the sum of $291.72}, leaving iu his hands, of the proceeds of said sale, a balance of $445.71}, yet to be accounted for. Among the further proceedings at that term, letters of administration on the estate of James Haekley were issued to Joseph Holman, and Rebecca Hack- ley, the widow, having filed the necessary bond. In this estate, owing to the complication of its affairs, on the petition of the administrator, George B. Walker and Joseph Holman were appointed commissioners to adjust and settle the claims filed against it.
At the same terru, because of the removal of Benjamin B. Kerebeval from the State, the letters testamentary before issued to him on the estate of Adolphus Mariam were revoked and Samuel Hanna appointed in his stead.
Letters testamentary, on the estase of Abrahamu Burnett, having been issued in vacation, by the Clerk, to Samuel Hanna, the proceedings were approved by the court ; and, afterward, on application of the executor of that trust, he was directed " to expose at publie sale, as soon as may be convenient, after the eon- sent of the President of the United States is obtained, all the right and title of the said Abrahaw Burnett in and to one section of land granted to said Burnett at a treaty held on the Wabash River, in the month of Oetoher, 1826, between Lewis Cass, James B. Ray and John Tipton, Commissioners on the part of the United States, aud the chiefs of the Miami tribe of Indians, lying on the north- west side of the Wabash River, at the Winemae Prairie, appraised at the sum of $1.12! per acre ; * *
* another by the same Indians, on the Wahash River, nearly opposite the mouth of Deer Creek, appraised at the sum of $2.25 per acre. And further ordered by the court, that previous to the sale, tbe same shall be advertised in the county as the law directs, and returned to this eourt."
Robert Hood, representing the estate of Alexander Stinson, late deceased, produced, also, in open eourt, an inventory of the personal property of the deee- dent, amounting to $104.123, also, vouchers for a like sum disbursed in that behalf, showing a final settlement, which was approved. Then, with an order to the Commissioners appointed to settle the claims against James Hackley, deceased, to file a report at the next term, the business of the court was completed.
The fifth term eommeneed on the first Monday, November 3, 1829, at the house of Alexander Ewing ; present, Benjamin Cushman and William N. Hood, Judges. There was no business and the court adjourned until Friday, the 7th, to meet at the house of William Suttonfield. On that day, letters of administra- tion were issued to Joseph Holman on the estate of' La Gro, a Miami ehief; aud on Saturday, the 8th, Messrs. Holman and Walker, Commissioners, to settle the claims against James Haekley's estate, filed a report of their proceedings. This was the business of the term, and with it the probate management hy the Cireuit Court was eoneluded also.
At the next term, commencing on Monday, May 3, 1830, William G. Ewing filed his commission as Probate Judge of Allen County, and continued to aet as such until the elose of the August teriu, 1833, wlien he resigned, and was succeeded by Hugh MeCulloch, who was appointed by Gov. Noble, to serve in his stead until the election in August following. He was then elected his own suc- eessor, aud served as such until November, 1835, when he resigned, and Thomas Johnson sueceeded him by appointment, dated November 17, 1835, who served until the August election in 1836. Lucien P. Ferry was the successor of Mr. Johnson, and served until 1839, when Reuben J. Dawson became Judge, and held the position one year. After him, Samuel Stophlet was Judge until May, 1844, and was followed by George Johnson, who beld the position until Febru- ary. 1847. The next and last Probate Judge of Allen County was Nelsou McLain, who oceupied the beneh until January, 1853, when the Probate Court was abolished and the jurisdiction transferred to the Court of Common Pleas, upon the ineoming of the new State Constitution adopted in 1852.
COURT OF COMMON PLEAS.
This eourt was organized under the Common Pleas aet of 1852, which took effeet in January, 1853 ; but the aet defining the time of holding eourts in the several counties of the State, being passed at the session of 1853, did not go into effect until March 19, 1853. Of this eourt, Hon. James W. Borden was elected the first Judge, his first teriu commencing on the 3d day of November, 1853. The jurisdiction of this eourt was eoncurrent with that of the Circuit Court with- in certain preseribed limits, and, in addition, had exelusive jurisdiction of probate quatters. The Clerk of the Circuit Court was also ex officio Clerk of the Court of Common Pleas, and the Sheriff of the county was alike the executive officer of both courts, but the Common Pleas had its own Distriet (or Prosceuting) Attorney. Judge Borden held this position until Noveruber, 1857, when he was succeeded by J. Brackenridge. The Common Pleas Court was abolished by the aet of February 8, 1873, since which time the Circuit Court has had probate jurisdiction.
CRIMINAL COURT.
By the Legislative enactment of 1867, a Criminal Court was ereated having general criminal jurisdiction iu Allen County. It was established here in the early part of that year, of which, in the month of April, HIou. James A. Fay
52
HISTORY OF ALLEN COUNTY, INDIANA.
was appointed Judge, and R. S. Taylor, Prosecuting Attorucy. At the election in October of that year, Hon. James W. Borden was chosen for that position, and filled it satisfactorily to his constituents. He holds it now.
SUPERIOR COURT OF ALLEN COUNTY.
This Court was organized under the provisions of an act of the General Assembly of the State of Indiana, approved March 5, 1877, consisting "of one Judge, who shall hold his office for four years, and until his suc- cessor has been elected and qualified, if he shall so long behave well. The Clerk of the Circuit Court and the Sheriff of the county shall be respectively the Clerk and Sheriff of said Court." As provided by Section 10 of that act, said "Court, within and for suid county, shall have original and concurrent juris- diction with the Circuit Court in all eivil cases, and jurisdiction concurrent with the Circuit Court in all cases of appeals from Justices of the Peace, Board of County Commissioners, aud Mayor's [or] City Courts in civil cases, and all other appellate jurisdiction in civil cases now vested in, or which may hereafter be vested by law in the Circuit Courts, and said Court shall also have concurrent jurisdiction in all actions by or against executors, guardians and administra- tors." The Hon. Robert Lowry is the Judge of said Court, the sessious of which are held in one of the rooms of the Court House.
DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA- BRANCII AT FORT WAYNE.
By the provisions of an act of Congress, passed at the session of 1878-79, a branch of the District Court of the United States, for the District of Indiana, was authorized, subject to location, as Judge Gresliam might deem expedient and for the best interest of the cause of prompt justice. Under that provisiou, the court was established here early in the spring of this year (1879), when Judge Gresham came here to hold the first session, but not finding a room suited to the purpose, no court was held; subsequently, however, suitable rooms being found, the court was located, and now holds regular sessions at stated intervals. On the 6th day of October, 1879, the first ease was filed for adjudication. " Thomas Sharfe and Alonzo Sharfe vs. Alfred Stoll ; Note, demand $2,000 ; Plaintiff from Kosciusko County, the Defendants from St. Joseph's County. Process to issue as soon as Marshall Dudley appoints a Deputy. This is the first case filed in the court." [News item, October 7, 1879.]
U. S. COMMISSIONER'S COURT .- J. H. HARPER, COMMISSIONER,
This Court was organized under the law appertaining thereto, in the carly summer of 1879, aud is held in the office of Robertson & Harper, west of the Court House.
EARLY ATTORNEYS.
J. M. Morris. W. II. Withers, L. M. Ninde, Isaae Jenkinson, D. P. Wheedon, Joseph K. Edgerton, R. Breckenridge, Jr., William W. Carson; L. P. Ferry, died August 20, 1844; Charles W. Ewing, died Jan 9, 1843; George W. Ewing, F. P. Randall, John J. Glenn, E. A. McMahon, Jolin Hough, Jr., - Worthington, William Coombs, Thomas M. Coombs, Henry Cooper, E. F. Colerick, J. G. Walpoole, S. J. Patrick, William H. Jones. J. C. Jacoby, A. Bennett, Moses Jenkensou, A. F. Yeager, John B. Duhois; Samuel Bigger, died September 9, 1846; Josepb Sinclair, died September 7. 1854; David Colerick, Hugh McCulloch ; Thomas Johnson, died September 18, 1843; Will- iam M. McCarty.
CHAPTER V.
PUBLIC BUILDINGS. COURT IIOUSE.
It appears to have been contemplated by the framers of the law for the selec- tion and location of eligible sites for seats of justice in new counties, that the pro- prietors of new towns or owners of eligible sites for such, so located as to be deemed within the purview of the law defining what constitutes an eligible site, should donate a number of lots, suitable tracts of land, or otherwise appropriate money, sufficient for the location of the first public buildings and the expenses incident theretu, as a consideration or induceruent for the location of the sent of justice on the site so deemed to be eligible. The observance of this method in selecting Fort Wayne as the sbire town of Allen County, was not without its motive. The consideration in this instance was the donation of a large uumber of lots adjacent to the proposed public square, and the appropriation of a considerable sum of money, which, with the proceeds of the sale of those lands, was to be appropriated toward the erection of public buildings suitable for the purposes of the new county. The management of this original fund was placed in the hands of a County Agent, to be expended in the method prescribed by law. Before the erection of the necessary publie buildings, the courts were usually held in the principal room of one or another of the primitive tavern buildings, either that of Mr. Surtonfieldl, on the northeast corner of Barr and Columbia streets, or of Alexander Ewing, on the southwest corner of the same streets, The first termn of the Commissioners' Court was held at the house of Alexander Ewing, but where the first session of the Circuit Court was hield, the record does not disclose; probably at the residence of William Suttonfield. Courts were thus held for several years succeeding the organization of the county.
The first steps taken toward the erection of a Court House, so far as has Dcen ascertained from the record, were at the May session of the County Board
in 1831. On the 7th day of that month, it was decided to build a Court House, a plan was ngrecd upon, and the Clerk was ordered to advertise for bids. Notice having bcon given, the Board let the contract for the building of a new Court House, tn John S. Archer " to furnish the brick, James Hudson to lay up the brick and furnish the lime and stone, and Hanna & Edsall to do the car- penter work and furnish all lumber, timber, nails, glass, etc., for $3,321.75. The citizens of Fort Wayne subscribed $499 in material and labor, and $149 in cash toward the erection of the Court House." The rest was paid out of the county treasury.
This building, which was illy adapted to the purposes contemplated, was never fully completed, being little more than a shell, with some of the rooms par- tially finisbed, while others were scarcely tenantable. The first meeting of court in this new edifice was on the 7th of May, 1832, just one year from the date of its original projection, though the building was not completed, as the record shows. After that date, however, it was nominally coupleted, but was never a substantial building, though used, in the absence of a better, until the fall of 1841, when, it having become apparent that the old huilding was totally unfit for the purpose and insufficient in capacity, action was taken by the Board preparatory to the building of a new one. On the 9th of September, 1841, " it was ordered that an allowance he made to A. Miller for the best draft or plan for a Court House in Allen County, Indiana, the cost not to exceed $15,000. Said draft was pre- sented by A. Miller, and drawn by l'orter & Rice, of Hudson, Ohio, as architects for said Miller, builder, and in answer to an advertisement by the Commissioners for drafts and plans."
As a further preliminary step in the process of rebuilding, " the County Agent," September 10, 1841, " was authorized and required to sell the ' Allen County Court House' to the highest bidder, after having given due notice of the sale. The building to be removed from the public square in thirty days after sale."
December 8, 1841, " the Board ordered that John Spencer be allowed the sum of $300 and the old Court .House for his buildings on the publie square. The Court House to be removed in one year from this date." [Payment to be made, $150 down and $150 next March]. "Possession of the buildings to be given in Marel next."
During the existence of this old building, and after it becatue unfit for occu- pancy, a one-story edifice, designed as a temporary Court House, the principal room suitable for holding courts, with jury and other roomus, was built on the southeast corner of the Court Square, fronting on Berry street, in the sunumer of 1843, the contract for which was let by the County Board on the 11th of March of that year, to Benjamin Mason, Charles French and John Ocanour. The price was not narued, the order stating that it should be " suitable for one court- room and two offices." At the same time, a further order was made for a " building to be put up on the northeast corner of the public square," to be used as offices for the Treasurer and Auditor. The old Clerk's office was on the north- west, and the Recorder's office on the southwest corner of the square. The court building contemplated hy the foregoing order was erected by Samuel Edsall, the contractor, and completed in 1847. This was a two-story edifice, of brick, and designed for court and general puhlie purposes.
" At the time of the erection, and during the occupancy and use of the first Court House, * * * the old County Jail stood on the southwest corner of the square." On the 30th of April, 1853, a contract was let to Charles G. French to build a Clerk's office on the northwest corner of the public square, to be completed on or before the 15th of October, 1853, at a price of $1,856.20. It was completed accordingly, and accepted at the time prescribed.
The Court House, erected in 1847, had heen in use about eleven years, when, the necessity for a building of greater capacity and hetter adapted to the publie want having definitely manifested itself, the County Board, in view of the situation, on the 11th day of June, 1858, made a levy of 15 cents on each $100 valuation of real and personal property for the purpose of building a new Court House. Upon this levy, the Treasurer, on the Ist day of June, 1859, reported that he had collected the sum of $7,183.56, at wbich term an additional levy of 20 cent on each $100 valuation was made. The tax collection for this purpose, as reported by the Treasurer on the Gth day of June, 1860, was $12,271.03. The condition of the finances being such as to warrant further pro- ceedings, the Board, in the mean time, had requested the presentation of plans and specifications for a building of suitable proportions to meet the present and anticipated wants of the public for eourt purposes and county offices. Many such plans were received, and on the 21st of June, 1859, " the Board, after examin- ing some plans presented for a Court House, defer the same for future examina- tion." Three days later, " the Board now proceed to exmuine the plans and specifications submitted for the erection of a Court House, and, as none of the plans submitted have full specifications, and are not accompanied with an cstimate of the cost in whole or in part of said building, and the Board wishing further information upon the subject, do, for the purpose of obtaining, hereby postpone the further consideration and exmiuination of the subject until the 26th day of .Iuly next, and order publie notice to be given by publication in the Fort Wayne Sentinel, and * inviting further plans and specifications, * *: accompanied with estimates of cost of a fire-proof building."
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