USA > Indiana > Cass County > History of Cass County, Indiana : From the earliest time to the present > Part 26
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Surveyors .- C. Carter, 1829; A. E. Van Ness; 1831; C. Carter, 1844; Noah S. La Rose, 1846; A. E. Van Ness, 1849; J. C. Kloenne, 1869; S. M. Delamater, 1872;"J. C. Brophy, 1873; G. W. Neill, 1876; W. A. Osmer, 1878.
Coroners .- H. B. McKeen, 1829; James Horney, 1832; DeHart Booth, 1836; John Topst, 1838; George Weirick, 1840; Levin Turner, 1841; Harvey Brown, 1842; Henry Barker, 1844; J. W. McCaughey, 1854; Joseph Dale, 1860; B. A. Mabley, 1862; Hugh O'Neill, 1864; James Henley, 1866; Joseph H. Ivins, 1873; B. C. Stevens, 1876; J. W. Irons, 1878; D. N. Fansler, 1880; M. A. Jordan, 1884.
Commissioners .- First District, Chauncy Carter, 1829; Robert Wilson, 1832; John McGregor and John W. Miller, 1833; N. Will- iams, 1835; Wm. Scott, 1843; Wm. Meeks, 1845; Moses Barnett, 1848; Nathan Julian, 1851; Joseph Penrose, 1861; S. Panabaker, 1864; J. A. Adrian, 1870; John Campbell, 1871; John Haynes, 1874; Henry A. Bickel, 1876; Wm. Holland, 1880; John Camp- bell, 1881; Henry Schwalm, 1882.
Second District, Moses Thorpe, 1829; Samuel Ward, 1831; Jesse Julian, 1837; Robert Edwards, 1841; George B. Walker, 1847; A. B. Knowlton, 1850; Crabtree Grace, 1856; Cyrus Vigus, 1862; Amos Palmer, 1865; C. B. Knowlton, 1869; Joseph Uhl, 1872; Dennis Uhl, 1874; Wm. Chase, 1880; A. J. Sutton, 1882; M. Britton, 1884.
Third District, James Smith, 1829; Alexander Smith, 1832; Daniel Neff, 1833; Alexander Smith, 1836; Daniel Neff, 1839; Wm. Dixon, 1842; Richard Tyner, 1845; Blair Buchanan, 1851;
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HISTORY OF CASS COUNTY.
John Meyers, 1857; Henry M. Kistler, 1860; Daniel Kistler, 1863; Robt. G. McNitt, 1866; Blair Buchanan, 1868; Joseph Penrose, 1872; Daniel Foglesong, 1875; George Renbarger, 1878; James Buchanan, 1884.
Senators .- Daniel W. Worth, 1829; Othniel L. Clark, 1831; Geo. W. Ewing, 1836; Williamson Wright, 1840; Wm. M. Rey- burn, 1843; Cyrus Taber, 1846; Geo. B. Walker, 1849; Wm. C. Barnett, 1852; Chas D. Murray, 1856; Richard P. DeHart, 1860; John Davis, 1862; N. P. Richmond, 1864; Chas. B. Laselle, 1868; Milo R. Smith, 1872; D. D. Dykeman, 1874.
Representatives .- Anthony L. Davis, 1829; Jos. Holman, 1830; Walter Wilson, 1831; Gillis McBean, 1833; Chauncey Carter, 1834; G. McBean, 1835; Graham N. Fitch, 1836; Job B. Eldridge, 1837; G. N. Fitch, 1839; James Butler, 1840; Nicholas D. Grover, 1841; Chauncey Carter, 1842; G. W. Blakemore, 1843: Cyrus Ta- ber, 1845; Wm. S. Palmer and Harvey Brown, 1846; Corydon Richmond, 1847; G. W. Blakemore, 1848; Chas. D. Murray, 1849; Daniel D. Pratt, 1850; Wm. Z. Stuart, 1851; D. D. Pratt, 1852; David M. Dunn, 1854; Wm. J. Cullen, 1856; John W. Wright, 1857; Chas. B. Knowlton, 1858; Chas. B. Lasselle, 1862; Sam'l L. McFadin, 1866; Wm. M. Gordon, 1870; Chas. W. Ander- son, 1872; John A. Cantley, 1874; Isaac Bumgardner, 1876.
CHAPTER IV.
BY T. B. HELM.
BENCH AND BAR-ORGANIZATION OF THE CIRCUIT COURT-SOME EARLY PROCEEDINGS-HARRISON MURDER TRIAL-HIS SUICIDE-EARLY AT- TORNEYS-THE JUDGES OF THE CIRCUIT COURT-PROBATE COURT AND ITS JUDGES-COMMON PLEAS COURT AND JUDGES-COURT OF CONCILI- ATION-SUPERIOR COURT-PRESENT BAR, ETC.
N Thursday May 21, 1829, being the Thursday following the third Monday in that month, the circuit court of Cass County was organized. This county was one of the several counties com- posing the Fifth Judicial Circuit of the State of Indiana. The judicial. machinery was put in motion by Hon. Bethuel F. Morris, of Marion
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HISTORY OF CASS COUNTY.
County, the president judge of said circuit, who convened the first judicial tribunal in Cass County in the seminary, the first public building erected in the county, the place designated by Section 5 of the organization act as the place for holding courts for the time being; and, calling about him his associates, Hiram Todd and John Smith, and the other officers of the court, he directed the sheriff, William Scott, to make proclamation that the first session of the Cass Circuit Court was then open and ready for the transaction of business. Proclamation was made accordingly. The record nar- rates the proceedings, pertaining to the organization, as follows:
May term, 1829 .- At the first term of the Cass Circuit Court, begun and held at the Seminary, in the town of Logansport, within, and for the county of Cass, in the Fifth Judicial Circuit of the State of Indiana, on Thursday, the 21st day of May, A. D. 1829, it being the Thursday succeeding the third Monday in said month.
Bethuel F. Morris produces his commission as president judge of the fifth ju- dicial circuit, on which is endorsed a certificate that he has taken the oath required by the constitution of the State, and takes his seat as the president judge of our said Cass Circuit Court.
William Scott now produces his commission as sheriff of the county of Cass, on which is endorsed a certificate that he has taken the oath prescribed by law, and makes proclamation that the Cass Circuit Court is now open for the transaction of business.
Hiram Todd now produces his commission as an associate judge for our said county of Cass; and, thereupon, the president judge of the court administers to him the oath required by the constitution of the State, a certified copy whereof is en- dorsed on his said commission, and the said Hiram Todd now takes his seat as one of the judges of said court.
John Smith now produces his commission as an associate judge for our said county of Cass; and, therefore, the president judge administers to him the oath re- quired by the constitution of the State, a certificate whereof is endorsed on his said commission, and said John Smith now takes his seat as one of the judges of our said court.
John B. Duret now comes into court and produces his commission as clerk for the said county of Cass, and the several oaths required by law being administered to him hy the president judge of the circuit, and certificate thereof endorsed upon said commission, now, also, produces his official bond, which is approved by the associate judges of the court, and is in the words and figures following, to wit:
Know all men by these presents, that we, John B. Duret, Alexander McAlister and Gillis McBean, all of the county of Cass, and State of Indiana, are held and firmly bound unto the State of Indiana, in the sum of $2,500, lawful money of the United States, to the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly hy these presents. Sealed with our seals, and dated this the 21st day of May, A. D. 1829.
"This is the condition of the above obligation: WHEREAS, the above bound John B. Duret hath been commissioned clerk of the circuit court of the county of Cass, aforesaid, for the term of seven years from the eighth day of this present month; now, therefore, should the said John B. Duret faithfully discharge the duties of
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HISTORY OF CASS COUNTY.
his said office, as clerk, and seasonably record all the decrees, judgments and orders of said court, and also pay over all moneys which shall or may come into his hands, for the payment, or in discharge of any judgment, order or decree of said court, to such person or persons as shall by law have a right to demand and receive the same: and do and perform all other duties which may be required of him by law, then the above obligation to be void, else to be and remain in full force and virtue.
J. B. DURET. [SEAL. ]
A. MCALISTER. [SEAL. ]
GILLIS MCBEAN. [SEAL.]
STATE OF INDIANA, - CASS COUNTY.
ss.
We approve of the foregoing bond, and the sufficiency of sureties. Given un- der our hands at the county aforesaid, the 21st day of May, 1829.
JOHN SMITH, HIRAM TODD, Associate Judges for Cass County.
And, thereupon, the said John!B. Duret enters upon the discharge of the duties of his office.
Albert S. White, Andrew Ingram and Henry Cooper, are severally admitted to practice as attorneys and counselors-at-law, at the bar of the court, and are sever- ally sworn as prescribed by law.
The clerk now produces here in court, a seal, an impression whereof is [L. S.] hereunto, in the margin, affixed, which is by the court adopted as the seal of the Cass Circuit Court, and ordered to be used as such by the clerk in all his official acts. Ordered, That as soon as a proper order book is procured by the county, the clerk shall copy therein the proceedings and orders of the present term. And the court adjourned sine die.
November Term, A. D. 1829 .- First day. The foregoing record of the proceed- ings of the last term have been examined and are found to be just and correct.
B. F. MORRIS.
The official seal referred to, an impression of which appears on the left hand margin of page 2, of order book No. 1, of the Cass Circuit Court, has a rudely engraved device or insignia represent- ing the busts of two human figures, a white man and an Indian, in costume-the faces are not striking in their expression further than to indicate business and a purpose to scrutinize closely the in- tention of each other-surrounded by a circle inclosing the words: " Cass Circuit Court, Indiana." The origin of the device is briefly given as follows: The preliminary treaty between the authorities of the United States and the Pottawattomie tribe of Indians, on the 16th of October, 1826, at the mouth of the Missisinnewa, on the Wa- bash. Consultations preliminary to that treaty were frequent and protracted, elicting much interest and no little uneasiness as to the result. Gen. Lewis Cass was one of the commissioners represent- ing the United States, and Aubbenaubbee, principal chief of the
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HISTORY OF CASS COUNTY.
Pottawattomies, representing that tribe. The figures in the device represent these two leading spirits in the act of concluding the com- pact by shaking hands-an expression of mutual satisfaction as to the terms. On the 15th of August, 1842, a new seal was adopted, the device of which represented the same idea as the first, but in a more artistic form, yet commemorative of the same event. It is the design now used by the clerk in the attestation of papers.
A reference to the proceedings of the first term, just recited, will show that they were of a character appertaining only to organi- zation, the adjustment of the judicial ermine, and prescribing the routine of court business. This being completed, the transactions of that first session passed into history. Immediately, business for disposal at the next or a subsequent term, began to flow in through the channels prescribed by immemorial usage, and the tangible identity of the Cass Circuit Court was established.
The second term commenced its session at the " seminary," on Thursday succeeding the third Monday, being the 19th of No- vember, A. D., 1829, Hon Bethuel F. Morris, president judge; John Smith and Hiram Todd, associate judges; John B. Duret, clerk; James H. Kintner, sheriff, and William W. Wicks, prosecuting at- torney, being present. The grand jury-the first impaneled in the county-was then duly sworn and John Scott appointed foreman, when it retired to consult of its presentments and indictments, under the charge of William Johnson, a sworn bailiff. At this session, William W. Wick, Thomas J. Evans, Calvin Fletcher, Aaron Finch, David Patton and Benjamin Hurst, on motion of Albert S. White, were admitted as attorneys.
The first cause in which proceedings were had, was one represented by Thomas J. Evans, on behalf of Jean Baptiste Cicott, for parti- tion of certain real estate between himself, Sophia and Emily Cicott.
On the second day of the term, proceedings were had in an action for debt, wherein Charlotte Ewing, executrix, etc., was plain- tiff and Thomas Robb defendant. This cause having been put at issue was submitted to a jury-the first jury case in the court. That jury was composed of the following persons, to wit: Alexander Wil- son, George Smith, Joseph Guy, Jacob R. Hall, Silas Atchison, Aaron Speaks, Samuel D. Taber, James Wyman, Joshua Merriman,
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HISTORY OF CASS COUNTY.
Ira Evans, David Patrick and William Speaks. The jury heard the evidence, but before a verdict was rendered, the parties agreed upon a judgment for $12 against the defendant.
At the same term of court, the grand jury returned thirty-nine bills of indictment for the following classes of offense: One for murder, against Ho-zan-de-ah, an Indian; one for larceny, against George W. Hicks; five for assault and battery, eight for gaming, twelve for betting, seven for retailing, and five for vending mer- chandise. Of these but two were disposed of by trial-convictions in both-one for gaming, fine 373 cents, for the use of the Cass County Seminary; the other for betting, fine $7, also for the use of the Cass County Seminary. The bill for larceny was con- tinued to the next term, under recognizance. The grand jury made the following report as to the condition of the county jail: "That the jail of the said county is in an unfinished state and alto- gether unfit for the purpose designed. The grand jury believe that the jail which is begun, when finished in the manner in which it is begun, will be of little value to the public and not calculated for a public prison. John Scott, Foreman."
After a session of three days, in which fifteen civil cases were reduced to judgment, the court adjourned sine die November 21, 1829.
The third term commenced on the fourth Monday, being April 26, 1830, with Hon. John R. Porter, president judge of the First Judicial Circuit, and Edward A. Hannegan, prosecuting attorney. This term occupied only three days, yet, during that time there was an accumulation of business as compared with that which appeared on the docket of the preceding term. The session closed on April 28, but the associates signed the proceedings of the second and third days.
Harrison Murder Trial .- A case which excited more interest, perhaps, than any other occurring in the county anterior thereto, was tried in the Cass Circuit Court at the February term, 1838. On Saturday night, February 10, 1838, an altercation occurred be- tween David Scott and Jeremiah F. Harrison, in the house of the latter, immediately opposite the Forest Mill, in this city, in which whisky played an important part-was really the prime factor in the murder that grew out of the difficulty. In the affray Harrison stabbed Scott some nine or ten times, literally cut him to pieces
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HISTORY OF CASS COUNTY.
with a shoe-knife. Scott died almost instantly, and an inquisition was held by John Yopst, the coroner, on the following day, Sunday. Harrison was arrested and imprisoned in the county jail, a wooden structure of two stories high, situated on court square, the site of which is now occupied, in part, by the southwest corner of the court house and the southeast corner of the new jail building. On Mon- day, February 19, the February term of the circuit court for that year, met in the old seminary. Present, Hon. Charles W. Ewing, judge, his associates, and Thomas Johnson, prosecuting attorney; but, in consequence of the dilapidated condition of that building, adjourned to meet instanter in the Presbyterian Church, on the south side of Broadway, a few rods west of Sixth street, where the courts continued to be held for several years.
Immediately after the meeting of court the grand jury was called, impaneled and sworn, consisting of the following persons: Jesse Julian, foreman; Abraham LaRue, John A. Calvin, Daniel Bell, John Clary, John Adams, Sr., Jonathan Martindale, William Mur- phy, David Patrick, Thomas Kinneman, John Kistler and Alexan- der Gray, of those regularly summoned; and Abraham Bennett, Michael Craddock, Daniel Redd, John Thornton, David Johnson and John Hoover, talesmen. This grand jury returned an indict- ment February 21, charging Harrison with murder in the first de- gree. The defendant was then arraigned and required to make answer thereto. He plead not guilty. A motion being made for a continuance of the case and overruled, he was remanded to prison to await the further order of the court. On Tuesday, February 27, the parties appeared, the State by Thomas Johnson, prosecuting at- torney, and the defendant in proper person. The case being called for trial, on motion, the court assigned W. Z. Stuart and Daniel D. Pratt as counsel for the defendant. A jury was then impaneled and sworn, consisting of the following persons, to wit: Lewis John- son, Joseph Galbreath, Christian Arma, Peter Berry, Robert Bryer, John .Rush, John McMillen, Richard Tyner, John Adair, Joseph Corbet, Thomas McMillen and Joseph Bellew. On the following day, February 28, the introduction of testimony was commenced. The jury having heard the testimony and the charge of court, re- tired for deliberation. In due time a verdict was agreed upon and returned into open court, finding the defendant guilty as charged.
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HISTORY OF CASS COUNTY.
Subsequently, motions were made for new trial and in arrest of judgment, but overruled by the court. March 2, 1838, the sentence of the court was pronounced, the record of which is as follows:
"It is therefore considered by the Court now here, that the said Jeremiah F. Harrison, the defendant aforesaid, be taken from hence to the common jail of said county of Cass, and that he be safely kept; that on Friday, the 6th day of April, in the year of our Lord, 1838, he be taken to the place of execution, within the body of said Cass County, and, between the hours of nine o'clock in the morning and four o'clock in the afternoon of that day, that he be hung by the neck until he is dead. May God have mercy on his soul."
While the current of public opinion was in accord with the ver- dict of the jury, there was yet a considerable element in the oppo- sition, claiming that the act which cost Scott his life, was in a measure justified by the unwarranted provocations of the deceased. Under the circumstances, a strong effort was made for commutation of the sentence. D. D. Pratt, one of his attorneys, feeling that the testimony did not warrant the grade of punishment decreed by the court on the finding of the jury, exerted his utmost powers to secure a modification, riding on horseback to Indianapolis, for the purpose of presenting his case, in person, to the Governor, and re- turning by the same means of transit, on at least two different oc- casions. Through the interposition of Mr. Pratt, the prisoner was twice respited. Finally, perhaps, on the occasion of a third visit to the Governor, upon again urging his suit with more than ordi- nary vigor, he was informed that, in the mind of his Excellency, there was no cause for interference with the sentence of the Court; that the defendant must suffer the full penalty of the law, on Fri- day, June 1, 1838. The sentence, however, was never fully exe- cuted, for, on the night of May 31, the prisoner, "voluntarily and feloniously, and with malice aforethought, hanged and strangled himself," says the coroner, " with a towel and handkerchief tied to- gether, of the value of three cents, which he then and there held in his hands, and one end thereof, then and there, put about his neck, and the other end thereof tied to a peg [in the wall] of the build- ing " wherein he was confined. It was stated at the time, and gen- erally believed, that his wife, who stayed in the jail with him until 1 o'clock in the morning of the day when he was to have been publicly executed, assisted in the work of self-destruction.
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HISTORY OF CASS COUNTY.
There were at least five thousand people in town to witness the execution and when it was ascertained that the prisoner had hung himself inside the jail, the disappointment was great. When the body was taken from the jail many expressed themselves in favor of having it again suspended in mid-air, seeming to believe the death-work was incomplete. The remains were taken to his late residence opposite the mill, followed by a large proportion of the crowd.
Prior to the time when the suicide's act cheated the law of its victim, particularly during the period that Mr. Pratt, counsel for the accused, was putting forth his best efforts to secure a commu- tation of the sentence, public feeling ran high in opposition to him, because of the interest manifested in the prisoner's behalf. Later, however, he was declared to be a safe attorney, who would risk his reputation in defending the rights of his client.
Early Attorneys .- In the early days of our judicial history, as well as in the immediate past, numerous attorneys, from time to time, were present during the sessions of our courts, and admitted to practice therein, in pursuance to the laws in force relating there- to. Among those may be mentioned, with propriety, a few who ac- quired some celebrity in the line of their profession and otherwise, having placed high their mark in the esteem and confidence of their fellow-citizens, without detracting in any degree from the individ- ual merits of the many who are not thus especially noticed:
Hon. Albert S. White, the senior member of this bar, was then and until the time of his death a citizen of La Fayette, Ind., noted for his scholarly attainments and the professional distinction ac- quired as the result of skillful experience during a long practice. Though never a citizen of Cass County, professionally, politically, and in the civil walks of life, his name and fame have been pro- claimed here in a measure that entitles his name to registry in this place.
Calvin Fletcher, of Indianapolis, also among the first practition- ers in our courts, was one of the bright lights in his profession, and took high rank as such here and elsewhere.
James Rariden, of Wayne County, Ind., was also admitted here at an early date, and recognized, in his day, as one of the ablest lawyers in the State. In 1838 and 1839 he represented his district in the Lower House of Congress.
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HISTORY OF CASS COUNTY.
Edward A. Hannagan, of Montgomery County, Ind., was prose- cuting attorney of this judicial circuit in 1830 and 1831, and one of the most distinguished lawyers. He represented the State in the United States Senate from 1843 to 1849.
David Wallace, of Indianapolis, was one of the early attorneys from abroad who practiced at this bar and stood high in his pro- fession. He was governor of Indiana from 1836 to 1840.
John B. Niles, of St. Joseph County, also practiced in this court at an early date, and in his day was one of the ablest lawyers of the State and a man of superior intellectual culture.
Charles W. Ewing, of Allen County, and Samuel C. Sample, of St. Joseph County, were both early members of the Cass County bar, both prosecuting attorneys in this circuit, and subsequently both president judges of our circuit court. In the latter relation both will be elsewhere noticed.
William W. Wick was admitted to practice here at the Novem- ber term, 1829, of our circuit court, and was the first prosecuting attorney. He was also a good lawyer and popular in his profession. Subsequently he served one term as representative in Congress from this State.
George Lyon, probably the first local attorney admitted to practice here, was a young man of scholarly attainments and of fair legal ability. Upon his first introduction into Logansport, he was employed as principal of the select school opened on the 8th of December, 1829, and occupied the same position during the two succeeding winter sessions of the school. Soon after his admission as an attorney, he was appointed the first deputy of the Cass Circuit Court, where he remained for two or three years, except when otherwise employed. He died at an early age.
Thomas J. Evans prepared and filed the papers in the first cause unon which action was had in the circuit court, at the Nov- ember term, 1829, the first general business session of the court. He was a man of somewhat eccentric character but a good lawyer and commanded a fair practice.
Benj. Hurst, admitted to practice here in the fall of 1829, was a man of some experience in his profession but not a brilliant lawyer. He acquired, however, no very extensive or lucrative practice. His business was chiefly in the justices' courts.
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HISTORY OF CASS COUNTY.
Henry Chase, though not then a resident, was admitted here as an attorney at law, on the 25th of April, 1831. He afterward became a citizen of Logansport, and later judge of the circuit court, of which further notice will be found in another place.
Peter J. Vandevier located here in 1831, and for a time was connected with the editorial department of the Cass County Times. In April, 1832, he was admitted to the bar and commenced practice with a fair prospect of success, but the amount of his busi- ness was never very extensive in this locality.
John B. Chapman, at the time of his admission to practice in this court, was prosecting attorney of the Eighth Judicial Circuit --- in April, 1831. He afterward became a citizen of Logansport and engaged in the practice of his profession.
John W. Wright, afterward judge of the Cass Circuit Court, was admitted to practice as an attorney in said court on the 22d of April, 1833. A notice of him as judge will be found on another page.
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