USA > Indiana > Carroll County > History of Carroll County, Indiana : With illustrations and biographical sketches of some of its prominent men and pioneers > Part 11
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At the same session of the board. on the petition of sundry citizens interested in the same, for the opening of a road, from Delphi to the Old Trading Honse, David Bamm, Samuel Wells and Joseph Dunham, were appointed to view and mark such road, on the best and most direct ronte, and report their conclusions at the next regular session. Accordingly, at the May session of the board. 1829. said Viewers, having carefully examined the pro-". posed route, had the same surveyed. made report of their proceed- ings in the promises, which, being duly considered and no objoe- tion appearing. the report was accepted and the route recom- mended, conneucing at the public square, in Delphi, at the corner of Franklin and Washington street: thence, by des- ignated bearings and distances, in a northerly by northeasterly direction. to intersect the Delphi and Logansport road, then recently established, at the Old Trading House, on Rock Creek. an aggregate distance of ten miles, three quarters and twenty-six roils, was regularly established as a public highway.
At the same session of the board. upon the report of William Wilson, Hugh Manary and Aaron Dewey. Viewers, appointed at the prereding term, a road from Delphi to Nathaniel Hamilton's. connnencing at the north end of Washington street; thence by the northwest corner of the Donation; thence by the Point of Rock on the river: thence across the Wabash River, at the Rock Ripple at the Island, and theuce to Nathaniel Hamilton's, was estab- lished as a public highway. according to the law.
Subsequently, at a session of the Board of County .; Conmis- sioners, commencing on the 10th of August, 1829, the following roads, upon which Viewers had been previously appointed. were established as publie highways: " A road, leading from Delphi to the house of Thomas Gillam, in Section . 13, Township 24 north, Range 2 west; beginning at Delphi; thence the nearest and best way to the northwest corner of Section 10, in Township 24 north, in Range 2 west; thence along the line, east. to the
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ILISTORY OF CARROLL COUNTY.
half-mile stake, on the north of Section 12; thence south, to the half-mile stake. on the south line of Section 13:" and another, " commencing at the public square, in Delphi: thence to Samnel Milroy's; thence to Daniel MeCaiu's; thence to John Carey's; thence to the section corner of 22. 23. 26 and 27 (where it crosses Deer Creek); tlience to the half-mile stake, at the northeast cor- ner of Daniel McCain's land; thence to the northwest corner of Solomon Leslie's field: thence to Hewit's; thence to the half-mile stake, at the corner of David Horter's orchard, and thence to the corner Sections 33 and 34, on the township line, between Town- ships 24 and 25, in Range 1 west." These embraced all of the early roads located in the county, deemed essential as lines of communication between the principal settlements and the county seat.
CHAPTER VI.
COUNTY BUILDINGS.
PRELIMINARY STEPS TOWARD BUILDING A COUNTY JAIL-AFTER PROCEEDINGS-PLAN FOR THE CONSTRICTION OF THE BUILD- ING, ETC-A CLERK AND RECORDER'S OFFICE ORDERED TO BE CONTRACTED FOR AND BUILT, IN 1839, AT A COST OF S500- 1 PLAN, ETC-THE LAST ONE SUBSEQUENTLY ENLARGED AND IMPROVED-A BRICK WALL PET AROUND IT AND A SHER- IFF'S RESIDENCE ERECTED AS PART OF THE STRUCTURE.
T THE Board of County Commissioners, at their session held on the 10th of August, 1829, directed the County Agent to pro- cure the building of a jail, on a plan then proposed. ordering him to give notice, that, on the first Monday of October, then succeed- ing, he would let the contract for the same to the lowest bidder, on the conditions prescribed. that the undertaker of such cou- tract should complete the construction of said building, in con- formity with the proposed plan, by the Ist day of August. 1830; that. as seenrity for the faithful performance of his contract, the Agent was directed to require said contractor to enter into a bond in the penalty of $1.800, with approved security: also. that the moneys appropriated for public buildings, quarterly, three fourths of the full of the work which he may have done, and that he shall receive the whole on the Ist day of August. A. D. 1830. for the : work shall be then completed." The buikling was ordered to be located on the northwest corner of lot numbered 101. thirty feet from the front of said lot.
In the meantime, it was ascertained that the size and form of the buikling were not in exact accord with the requirements of the situation, and notice was given for re-assembling the board to further consider the questions presented. For that purpose, a special meeting was held. commencing on the 26th day of September, of the same year, at which Jacob Bam and Thomas Stirlen. Commissioners. were present. Therenpon it was
Ordered. That a jail be built in Delphi, on the following plan, to wit: Twenty-six feet long, eighteen feet wide, and a nine-foot story with a par- tition in the center: three doors, one window to the dungeon, fourteen inches square, double-barred with iron bars: floor double, with oaken tim- ber one foot square; the debtogs' room single, the walls of the dungeon to be double, the outside walls of oak timber one foot square, the inside wall of solid limber one foot square; the debtors' room to be one wall of onk timber one foot square; the partition to be double, of the same kind and size timbers as the wall-the roof to be made of jointed shingles.
And they revoked "that part of an order, made by them at their August session, A. D. 1829, that specifies the size and form
said jail should be built." At the time appointed, bids were re- ceived and examined, and the contract awarded to Henry Robin- son. as the lowest responsible bidder. The buikling was erected by him, pursuant to the terms of the contract, and the work ac- cepted by the board at or about the time proposed. At the sos- sion of November 10, 1829, it was
Ordered, That a Clerk and Recorder's office be built and set thirty feet west, and twenty-five feet sonth. of the center of this public square, to be built on the following plan, to wit: Eighteen by sixteen feet square; nine-foot story, jointed, shingle roof, one door. three windows of eighteen lights cach; lower floor to be ploughed and grooved: the door and win- dows to be eased in a neat, plain manner, and shutters made and hung: lathed and plastered with one coat; said building to be a frame.
Ordered, Also, that the county agent give notice of the letting of said building, to take place on the 21st inst., to be let to the lowest bidder: the undertaker to be bound to have the bnikling complete by the first of March -the agent to pay one-third the amount when the frame is raised.
Accordingly, notice was given, bids received. the contract let and the building completed, in substantial compliance with the terms proposed The board, having accepted. occupied the build- ing at the session commencing on the 9th day of Angust, 1830.
CONSTRUCTED-THE PLAN, LOCATION, ETC-AANOTHER JAN. ; nor just such as should have been built, both as to the size and
The jail buikling erected pursuant to the foregoing contract. appears not to have been equal to the demands of the situation. construction. The consequence was that at almost every session of the board, after the first few years. bills for repairs or for changes necessary to be made, became so numerous, that it was deemed the better policy to contract for and build a new one better adapted to the wants of the times. The question having been pretty thoroughly canvassed, a decision was arrived at which do- termined the course proper to be pursued under the circumstances. A session of the board was called. therefore, and met on Saturday. the 1st day of Inne, 1839. when it was
Ordered. That the Clerk give notice that he will receive sealed pro- posals until the third Saturday of June next. For the erection of a County Jail. as follows : To be of howed timber ten inches square, the timber to be of beech, sugar-tree of oak-floor to be laid double of oak, same size of the balance: ciled in the inside with three-inch oak plank, to be spiked on with six-inch spikes, strongly spiked to the top : to be covered with the same kind of logs of which the house is built -the whole to be covered contractor should " be allowed. out of the county treasury. of any , with a plain shingle roof-weather boarded at the gable ends. House to
be sixteen feet square-to be eight feet high in the clear. The whole to be completed by the 15th day of September. 1539.
On Saturday, the 15th day of June, at the time proposed, the board met in special session, and, having examined the bids pro- sented.
Ordered, That Heury Robinson receive the contract for building the jail of Carroll County. for which be is to receive $550.
The original plan of the building and the construction of the different parts was somewhat modified in detail. and the con- tractor was directed to proceed in accordance with the following revised specifications:
Ordered. That the County Jail be built of saved logs twelve inches square, the timber to be of beech, sugar free or oak ; floor to be laid double, of oak, size of the balance: to be ceiled on the inside with three. inch oak plank, to be spiked on with six-inch spikes. six inches apart : the ceiling to be put on the same way of the logs, lengthwise, joints broke : the top to be covered with the same kind of logs of which the house is built. The whole to be covered with a good shingle roof, and weather- boarded at the gable ends. The doors to be two feet in the clear. wide. five feet high ; the outside to be made of inch and a half oak-plank. double, with sheet-iron between, The same size of The door-the inside of the door to be made of iron, half an inch in thickness, by two and a half wide, the bars to be one inch apart and riveted strongly at each corner ; the inside door to be strongly spiked, or nailed. on each side: the window to be the same size as the old one, and the other grates may be used. with the addition of a new one. The house to be sixteen feet square and seven
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HISTORY OF CARROLL COUNTY.
feet high in the clear. The whole to be completed by the 15th day of September, 1839. The locks for the door to be such as are generally used for such buildings. The jail to be built in the town of Delphi, at or near the same ground where the old one stood.
At the same time the contractor was allowed, on his contract, the sum of $250.
A meeting was held by the County Board, on the 4th of Sep- tember. prior to the completion of the building, when the con- tractor was specially directed to make an inside door for the use of the County Jail. This door was to be six inches high and eight inches wide, made of iron, with a shutter on the outside, and a strong padlock. From the description, it would seem that the door ordered to be made was an opening in the inner door of the criminal's department. through which communication might be had with the prisoners without the risk of opening the large door. At the session in November, Mr. Robinson was allowed, on his contract. the further sum of $200. He was paid the bal- ance. 890. in full for his work, at the September session, one year after the building was completed, according to the provisions of the contract, as in the proceedings of the board set forth.
After the completion of the building to which reference has just been made. the Commissioners, upon mature deliberation, deemed it advisable to enlarge the dimensions of the jail pro. vionsty erected, and add to it a comfortable residence for the Sheriff or Jailer, and build the same of brick. Having arrived at the conclusion that such a step was necessary, at the September term. 1840, it was
Ordered, That the Clerk of this Board canse public notice to be given in the Delphi Bulletin, that he will receive proposals until the next session of this Board, to build a Jailer's House and Debtor's Room of the following plan : The house to be built of brick, two stories high, with a passage in the middle, the wall to be twenty-four inches thick around the jail, both stories and the wall for the other part of the house to be eight- een inches thick. The house to be forty-two feet long. from ontside to ontside : the lower story to be nine feet high and the upper story to be eight feet high. The Debtor's Room to be built immediately above the present jail, to have one window in the Debtor's Room, twelve light, 8x10 glass, to be fixed with crossed iron-bars in such a manner as to make the sanne secure. The floor of the said Deltor's Room to be laid of oak-planks one and a half inches thick, and the same to be eciled with oak-planks one and a half inches thick. to be strongly spiked on with strong iron spikes. The building to be well covered with good shingles : the rooms for the jail to be plainly and neatly finished off ; to have one chimney. with two fireplaces in the same, one above and the other below the stairs. The hall to be six feet wide, with a strong door on the front, and the same kind on the rear : to have, also, a common-sized door going into the family rooms, both below and above : to have a good and neat pair of stairs in the hall to reach the upper story. The foundation of the whole house to be of stone, two feet thick and two feet high. The door going into the Debtor's Room to be similar to the wooden door in the present dungeon, with a similar lock : to have two windows above and two below, in front of the Jailer's rooms-one below and one above in the rear. The Debtor's Room to have a fine for a stove-pipe, to be topped out like a chimney in the end of a honse : the family part of the honse to have two coats of paint. The whole to be completed by the Ist of September next.
Upon the proposals received from the several builders being opened and examined. the contract was awarded to James Rogers; but, before the work had progressed very far, at the January ses- sion, 1841. it was mutually agreed between the Commissioners and the contractor, "that the following change be made in the plan of the County Jail." as in the foregoing specifications set forth, to wit: "Instead of the building being forty-two feet long, it is agreed that said building shall be forty-five feet long from outside to outside; instead of the jail part of the wall being two feet thick, it is agreed that said wall shall be two feet thick around three sides only, and, on the passage side, one foot thick. The first story, and all the rest of the walls both above and below,
shall be thirteen inches thick, and there shall be an additional window of the same size as the balance, above the hall-door: and the upper story shall have an addition of one foot to the height to the former plan. And it is agreed that the said Rogers shall have the smin of $1,800 for building the same." This agreement. having been consummated, the bid of Mr. Rogers was accepted and the bond filed by him as the builder, was approved by the board.
'Allowances were made from time to time to the contractor as the work progressed. Finally, on the 17th of November. 1841; the record shows that the board allowed Mr. Rogers the sum of $573.60, in full for the balance due him on his contract for build- ing the County Jail; also, for extra work on County Jail. 879. loss $26 ordered to be deducted from the original contract * * for damages assessed on plastering account, and that said jail be now accepted," and it was accepted accordingly, the building. except the changes referred to, having been completed within the time stated in the contract.
CHAPTER VIL. EARLY JUDICIARY.
COURT OFFICERS AND PROCEEDINGS AT THE THIRD TERM OF TIME .. CIRCUIT COURT-SPECIAL SESSION OF BOARD OF COMMISSIONERS AND A REGULAR SESSION-OFFICERS, ETC .- FOURTH TERM OF THE CIRCUIT COURT-OFFICERS AND ATTORNEYS-THIRD AND FOURTH TERMS OF THE PROBATE COURT NOTICED, THE OFFICERS PRESENT AND AN ABSTRACT OF THE PROCEEDINGS HAD-SALES OF REAL ESTATE, ETC.
THE third term of the Circuit Court of Carroll County com- mencod its session on the third Monday, being the 18th day of May, 1829, at the house of Daniel Baum, the risual place of meet- ing. The officers of court present on that occasion, were Hou. Bethnel F. Morris, President Judge of the Fifth Judicial Circuit Court of the State of Indiana, the circuit in which Carroll County was then situated; Isaac Griffith and Christopher McCombs, As- sociate Judges : Daniel F. Vandoventer, Clerk : and Henry B. Milroy, Sheriff. After proclamation that conrt was then open. the business before it for disposition was proceeded with in its proper order. First, the Sheriff was directed to call the roll of Grand Jurors, regularly selected and summoned to attend and serve as such at that term. The call being completed. it was ascertained that the panel was incomplete, only the following persons answering to their names, to wit: John Carey, who was then appointed and sworn as Foreman: Jolm Mikesell. Stephen Miller, Daniel McCain. Lewis Noff. John E. Metcalf. Daniel Me. Cain 2d, John Odell, John Little, George I. Banın. Thomas Burk and John Moyers; the complement was made by the Sheriff, who. under the direction of the court. selected, from amongst the by- standers, the following Talesmen : Thomas McMillan, William Hughes and John Knight, when they were regularly sworn by the Clerk to the faithful discharge of the specific duties assigned them by law. Then, the persons so empaneled and sworn as Grand Jurors, were charged by the court as to the extent and character of their inquiries, the gleaning of evidence and making up their presentments and indictments, after which they retired, under the charge of a special Bailiff, to the room provided for them, to hear testimony and consider of its sufficiency to warrant further pro- ceedings.
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HISTORY OF CARROLL COUNTY.
The regular Prosecuting Attorney of the circuit being absent, Andrew Ingram, Esq., of the La Fayette bar, was appointed by the court Prosecuting Attorney, pro tem., and duly sworn as such. On motion of Mr. Ingram, Moses Cox, a practicing attorney was ad- mitted as an attorney and counselor at law at the bar of this court, and was enrolled accordingly. The preliminaries dis- posed of. the docket of cases for adjudication was called for mo- tions and trials .. The first cause set down for hearing at this term was one wherein David Stone, by Andrew Ingram, his attorney, complained of George Cicott, in an action of assiunpsit, and, npon the introduction of the proofs, the court being sufficiently advised in the premises, awarded the plaintiff a judgment for damages in the sum of $321.75. When business had proceeded thus far, the court adjourned to meet again at 4 o'clock in the afternoon, in the schoolhouse in Delphi, which was then designated as the place of holding courts for the time being. and until a more suitable place could be obtained. At the afternoon session of the court, on motion of Mr. Cox. Albert S. White and Cyrus Ball, Esqs .. were admitted to practice therein as attorneys and counselors at law.
On the second day of the term, the Grand Jury returned into court fourteen bills of indictment, six of which were for affrays; six for assault and battery, and two for fornication and adultery. Having no further business before them, they were discharged and allowed for two days' service. The court
Ordered, That, upon the arrest of parties against whom bills had been found. charging adultery, they should be required to enter into bonds, payable to the State of Indiana. in the penalty of $100 each, with one security : and. for all other offenses, in the penalty of $30 cach, with one security. for their appearance at the succeeding term of court to answer the said charges respectively.
This was all the business done during the session. and court then adjourned until court in course. with the order that the next term be held at the public schoolhouse in Delphi.
The Board of County Commissioners, on the 26th day of Sep tember. held a special. and, on the 9th day of November. 1829, a regular session. for the transaction of business, at the usual place, Messrs. Jacob Baum. Aaron Hicks and Thomas Stirlen, Commis- sioners. being present. November 10, a seal was adopted by the board. to be used by them in the attestation of their official acts. At the same session, Daniel Baum, County Treasurer, was allowed for bis percentage in receiving $495 of the public funds, the sum of $7.42.
The fourth term of the Carroll Circuit Court commenced its ; historical interest. to note circumstances of the character referred session on the J6th day of November, 1829, at the place designated in the order of adjournment. In addition to the regular officers of court before noticed. William W Wick, Esq .. presented his ! different connection. the reader may find these references of value commission from the Governor of the State of Indiana, upon which was indorsed a certificate that he had taken and subscribed the equisite oath for the faithful discharge of the duties of Prose- cuting Attorney of the Fifth Judicial Circuit of the State of In- diana, and he entered npon the active performance of the fine. tions of his office. In addition, Calvin Fletcher, W. W. Wick, Benjamin Hurst, Aaron Finch, J. B. Chapman and Thomas J. Evans, Esqs., were admitted as attorneys at the bar of this court, and duly enrolled as such.
On the 20th of October, 1829, Franklin G. Armstrong, a native of this State, became a resident of Carroll County, and has since that time continued to be a permanent citizen here.
The third term of the Probate Court of Carroll County was begnu and held at the public school-room in Delphi, commencing on Monday, the 4th day of Jaunary, A. D. 1830, at which Hon.
John Carey, Probate Judge of the county, officiated. The busi- ness of the character usually adjudicated upon in courts of Pro- bate, was not very extensive, consequently the term was not of long continuance-only one day. At that term, however, John Odell was appointed guardian of the persons and effects of Sarah, Samuel, Ruth, Charles and Mary Angell, minor children and heirs at law of Benjamin D. Angell, then lately deceased. The court also appointed William McCreary, John Knight and John T. Hopkinson, appraisers, to fix a valne upon certain of the real estate of the heirs aforesaid. with instructions to make report thereof at the next term. At the same terin, John Kuns was appointed executor of the last will and testament of David Kuns, deceased. Samuel Hulery was also appointed guardian of John Bross, Elizabeth Bross, Matty Bross and Michael Bross, minor heirs of Jacob Bross, deccased. This was all the business disposed of at that term.
The fourth term of the Probate Court was held at the same place, commencing on Monday, the 1st day of March, 1830, Judge Carey on the bench. On that day, William McCreary and Thomas Stirlen were appointed executors of the last will and testament of William Wilson. deceased, donor of the tract of land upon which the original plat of Delphi was situated. Hugh Manary having died a short time previously, the court appointed William McCord and William George administrators of his estate.
A portion or the real estate belonging to the heirs of Benja- min D. Angell, deceased, having been sold pursuant to an order of the court, by John Odell. their guardian, to Samuel Milroy, a deed was ordered to be executed to the purchaser, and James Odell was appointed a commissioner to make such conveyance. Another portion of the land of said minors, having been. pursu- ant to the same order, sold to Henry Robinson, Mr. Odell, com- missioner as above, was instructed to execute to Mr. Robinson, also, a deed for the lands so purchased by him. At the same term, the conrt made an order. directing the administrator of the estate of William Wilson, under a petition for that purpose, to sell the real estate of said descedent, for the purpose of paying the outstand- ing obligations against the same. This was all the business dis- posed of at that term, the court remaining in session but one day.
The matters of a probate nature noticed above, have been in- sorted here in order that the reader may be better able by the means to refer to other incidents more or less intimately connected with these. It is frequently necessary, in delincating facts of to: bence. in this instance, it has been found necessary to adopt . such a course: and, in other departments of this work, and in a in properly understanding other statements and incidents that go to make a part of the current history of the times. Men die, and their estates pass, by regular or irregular process. into other hands.
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HISTORY OF CARROLL COUNTY.
CHAPTER VIII. THE FIRST COURT HOUSE.
WHERE THE EARLY SESSIONS OF COURTS WERE HELD-THE NECES- SITY FOR BETTER ACCOMMODATIONS-PRELIMINARY ACTION TO- WARD BUILDING A COURT HOUSE-PROCEEDINGS OF THE COUNTY COMMISSIONERS ON THE SUBJECT-PROPOSALS FOR PLANS AND FOR BUILDERS ADVERTISED FOR-MEETING OF THE BOARD TO EXAMINE AND COMPARE PLANS-PLAN SELECTED AND CON- TRACT AWARDED-SEPARATE CONTRACTS FOR PLASTERING. PAINTING, BUILDING CUPOLA, ETC .- APPROXIMATE ITEMS OF COST.
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