USA > Indiana > Cass County > History of Cass County, Indiana, from its earliest settlement to the present time; with Biographical Sketches and Reference to Biographies, Volume I > Part 15
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imposed upon them. For a time the prospects were auspicious and success seemed to be assured. The matriculates were never numerous and a few years of hard work taught the managers that a great educa- tional institution cannot be built up without large endowment funds, and there are only room for a limited number of such at best, and they saw the futility of their enterprise and in the spring of 1878 Smithson College closed its doors never to open again under that title.
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AMERICAN NORMAL COLLEGE
After standing idle for some years, the American Normal College leased the old Smithson College buildings in January, 1883, and opened the school under the management of Prof. J. Fraise Richards, as prin- cipal, and a corps of teachers. The attendance was quite large. The following year Prof. Walter Saylor became principal; J. E. Garrett, professor of languages; W. S. Harshman, of mathematics; A. H. Beals, of sciences; Mary E. Jackman, of belles-lettres; C. B. Miner, commer- cial department; Mrs. Mattie Saylor, music; Florence Borradaile, fine arts; Ida Washburn, common branches; Elizabeth Branson, phonog- raphy and typewriting.
At the close of the college year, 1885, Professor Kircher succeeded to the principalship with the same corps of teachers, with the addition of B. B. Bigler, the latter became a Presbyterian minister and occupied the pulpit of the First Presbyterian church in 1909.
The school was conducted with varied success until August, 1888, when through disagreements of its managers, small patronage and financial embarrassments the school was compelled to close its doors. In the meantime the buildings and ground fell into the hands of an eastern insurance company to whom it had been originally mortgaged by the Smithson College management.
MICHAELS BUSINESS COLLEGE
During the year 1895, Prof. Geo. W. Michaels, a native of Harrison township, Cass county, but who had been a professor in an Ohio college, purchased of the insurance company the old Smithson College build- ings and grounds on the north side, repaired and improved them and in the fall of that year opened the same for the admission of students of which there was a goodly number and successfully conducted the school until October 6, 1896, when the buildings were completely de- stroyed by fire and were never rebuilt but the property converted into private residences and Professor Michaels opened a business college at. 310-121/2 Broadway, for a time, when he sold out and his school was merged with Hall's Business College and Mr. Michaels moved West.
HALL'S BUSINESS COLLEGE
This institution was established in Logansport in 1867 by E. A. Hall, who came from Ashtabula, Ohio. At first it commenced in a small way in a building on the corner of Market and Third streets in the fall of 1867. The school soon increased in numbers and in 1873 larger quarters were secured on Fourth street and a few years later the institution located in the third story on the northwest corner of Pearl and Market streets, where it remained until about 1892 when the school was again removed to the third story in the Keystone building, northwest corner of Sixth and Broadway. About this time Mr. Hall retired and C. F. Moore and others assumed control of its management. About 1902 Hall's
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Business College and Michael's National Pen and Art Hall were merged into the Logansport Commercial high school with rooms over 321-25 Fourth street and in June, 1902, was purchased by what is now known as The Indiana Business College which is an incorporated institution that has branched out since its opening in Logansport ten years ago, until it is now operating commercial schools in a large number of cities in the state.
The officers and managers are : President, J. D. Brunner; secretary, R. F. Cummins; treasurer, Charles C. Cring; field secretary, M. D. Cring.
Logansport has thus had a first class business college for nearly fifty years. Hall's Commercial School was known all over northern Indiana and its influence extended to surrounding states and its suc- cessors with the present Indiana Business College has sustained the reputation of the older institution and the graduates of Logansport's business colleges are numbered by the thousand and are holding lucra- tive and responsible positions all over our state and many in distant states. The courses of study include all the common school branches with practical business, shorthand, telegraphy, civil service, salesman- ship courses; in fact, everything that is necessary to qualify a person to fill any position in the business world. All the newest and latest counting machines, stenotypes and typewriters are found in the equip- ment of Logansport's business college. At this time about seventy day and twenty night students are in attendance.
PAROCHIAL SCHOOLS GERMAN LUTHERAN SCHOOL
In 1884 the St. Jacob's Lutheran congregation purchased a lot on the northwest corner of Sixth and Market streets and erected a com. modious brick school building at an expenditure of over $15,000. Prior to this the congregation maintained a parochial school in the old church on Railroad street. The first teacher employed in this school was Bruno Barthers.
ST. VINCENT DE PAUL CATHOLIC SCHOOL
For many years this church has maintained a school for boys. In 1885 the present handsome brick school building was erected, supersed- ing an old frame building. It is a two story structure and sufficiently large to accommodate the pupils of St. Vincent de Paul church, where competent teachers instruct them in all the common branches as well as the Christian doctrines of the Catholic church.
ST. BRIDGET'S PAROCHIAL SCHOOL
St. Bridget's Catholic church was erected in 1875 on the corner of Wheatland and Wilkinson streets. This is a two story brick structure, and the first story is used for school purposes together with an assem- bly hall built later on the same grounds. Here the children of this congregation are instructed in the lower grades of school work.
ST. JOSEPH'S PAROCHIAL SCHOOL
This school was opened soon after the organization of the church in 1869 and now has one of the largest and finest school buildings of its kind in the county, which is located on the northwest corner of Second
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and Market streets where the large and increasing number of children of this congregation are taught all the common branches and the doctrines of their church. They have recently added a commercial department. The present new school building was erected in 1892. Total enrollment, 275.
HOLY ANGELS' ACADEMY
This school is finely located on the southeast corner of Ninth and Broadway and is in charge of the Sisters of the Holy Cross. This is the oldest parochial school in the county, having been established about fifty years ago.
Here are taught all the common studies and also the higher academic branches. According to the reports for 1910 there were 690 students being instructed in the five parochial schools of Cass county.
PRESBYTERIAN ACADEMY
Rev. J. C. Irvin, under the guidance of the Presbyterian church, opened an academy for higher learning in the building still standing on the northeast corner of 7th and Market streets about 1865 and the year following, Rev. Hughes became the principal of the school and a year or two later Rev. James Matthews took charge and ran a very suc- cessful institution of higher education which was well patronized for some years.
Mr. Matthews was a scholarly man and surrounded himself with a corps of most excellent teachers among whom was Prof. John M. Coulter, now of Chicago University, and his mother. But from various causes the academy closed its doors about 1873. This institution was at first started under the name of Logansport Female College and often was referred to under this appellation.
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CHAPTER XII COURTS, LAW AND LAWYERS
ORGANIZATION OF CASS CIRCUIT COURT-FIRST JURY-HARRISON MURDER TRIAL-EARLY JUDGES-PIONEER LAWYERS PROBATE COURT-SUPE- RIOR COURT-LIST OF ATTORNEYS-ANECDOTES. ETC.
The first law passed after the adoption of the constitution in 1816 was for the creation of a supreme court. The second act was one creat- ing and defining the powers of the circuit court, the third concerning proceedings in suits at law and chancery and the fourth act was one regulating the jurisdiction of justices of the peace.
As constituted by an act of 1824 circuit courts consisted of three judges, a president and two associate justices.
ORGANIZATION OF CASS CIRCUIT COURT
The circuit court of Cass county first met and organized on May 21, 1829, in the Old Seminary, a one story brick building, the first public building erected in the county, which stood on the lot at the north- east corner of Fourth and Market streets, the place designated by section 5 of the organization act for holding courts for the time being in Cass county.
Bethuel F. Morris, of Marion county and judge of the fifth judicial circuit composed of the following fifteen counties: Hendricks, Morgan, Monroe, Bartholomew, Johnson, Marion, Hancock, Shelby, Decatur, Rush, Henry, Madison, Hamilton, Carroll and Cass, presided.
The associate justices were Hiram Todd and John Smith. Judge Bethuel F. Morris of Marion county directed the sheriff, Wm. Scott, to make proclamation that the first session of the Cass circuit court was then open and ready to transact business. The record shows the fol- lowing proceedings pertaining to the organization: May term, 1829; at the first term of the Cass circuit court in the fifth judicial cir- cuit of the state of Indiana, held on Thursday, May 21, 1829; Bethuel F. Morris produces his commission as president judge on which is en- dorsed a certificate that he has taken the oath required by the constitu- tion of the state and takes his seat as the president judge of said Cass circuit court. William Scott now produces his commission as sheriff and makes proclamation that the first session of the Cass circuit court is now open. Hiram Todd and John Smith each produce their commis- sion as associate judges and take their seats as such.
John B. Durett produces his commission as clerk of said court with a bond in the penal sum of $25.00 with Alexander McAllister and Gillis McBean as sureties, all of which is approved by the court. Albert S. White, of Tippecanoe county, and afterwards a United States sena- tor, Andrew Ingram and Henry Cooper are severally admitted to prac- tice as attorneys and counselors at law at the bar of the court and are
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each sworn as prescribed by law. The clerk produces in court an official seal of the Cass circuit court which is ordered to be used in all official acts. With these proceedings the first term of the Cass circuit is ad- journed sine die by B. F. Morris, judge.
This first official seal of the Cass circuit court, an impression of which may be seen on the left hand margin of page 2 of order book No. 1, in the clerk's office of Cass county, has a rudely engraved device or insignia, representing the busts of two human figures, a white man and an Indian in costume, surrounded by a circle inclosing the words, "Cass Circuit Court of Indiana." The device on the seal had its origin from the treaty between the United States and Pottawattomie In- dians at the mouth of the Mississinnewa on October 16, 1826, where Lewis Cass represented the United States, and Aubbenaubbe, the princi- pal chief, represented the Indian. The figures in the device represent these two leading spirits in the act of concluding the compact by shak- ing hands.
On the 15th of August, 1842, a new seal was adopted, the device of which represented the same idea as the first bust in a more artistic form, yet commemorative of the same event, and the same design is still used by the clerk in the attestation of official papers. The first term of the Cass circuit court thus passed into history, its proceedings consisting entirely in its organization, the adjustment of the official ermine, and prescribing the routine of business. Soon, however, cases began to be docketed for disposal at the next and subsequent terms and the Cass circuit court was firmly established.
FIRST GRAND JURY
The first grand jury convened on November 19, 1829, consisting of John Scott, Samuel Ward, Daniel Bell, Ephraim Dukes, Cyrus Taber, John R. Hinton, Moses Barnett, Anthony Martin, James Newbrow, Edward McCartney, Samuel Bock, Wesley Johnson, Alexander Cham- berlain and Nicholas D. Grover.
The grand jury returned thirty-nine indictments at the November term of court; 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 merchandise. Of these but two were disposed of by trial- convictions in both; one for gaming; fine 371/2 cents for the use of the Cass County Seminary; the other for betting, fine $7, which also went into the exchequer of the seminary.
The grand jury made the following report: "That the jail is in an unfinished condition and altogether unfit for use. The grand jury believe that the jail begun, when finished in the manner designed, will be of little value and not calculated for a public prison."
SECOND TERM OF CASS CIRCUIT COURT
The second term of court convened on November 19, 1829, in the "Seminary" with Bethuel F. Morris, present judge; John Smith and Hiram Todd, associate judges; John B. Durett, clerk; James H. Knit- ner, sheriff, and Wm. H. Wicks, prosecuting attorney, present. At this session Wm. W. Wicks, Thomas J. Evans, Calvin Fletcher, Aaron Finch, David Patten and Benjamin Hurst were, on motion of Albert S. White, admitted to practice in this court.
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FIRST CASE TRIED
The first cause in which proceedings were had was one represented by Thomas J. Evans on behalf of Jean Baptiste Cicott, for partition of certain real estate between himself, Sophia and Emily Cicott, and Chaun- cey Carter, John Scott and Alexander Wilson were appointed commis- sioners to divide the land. The first notice by publication in this county in a court proceeding was in this case. The official notice was published in the Pottawattomie and Miami Times, the first newspaper published in Cass county by John Scott and the first issue appeared August 15, 1829.
THE FIRST JURY TRIAL
The first case submitted to a jury in the Cass circuit court was on the second day of the November term, 1829. The case was an action for debt, wherein Charlott Ewing, executrix, was plaintiff and Thomas Robb, defendant. The cause was submitted to the following jury, the first ever called in Cass county: Alexander Wilson, George Smith, Joseph Guy, Jacob R. Hall, Silas Atchison,, Aaron Speaks, Samuel D. Taber, James Wyman, Joshua Merriman, Ira Evans, David Patrick and Wm. Speaks. The jury heard the evidence but before a verdict was rendered, the parties agreed upon a judgment of $12 against the defendant and the first petit jury ever called together in the county was discharged without rendering a verdict, in November, 1829.
After a session of three days in which fifteen civil cases were heard and decided the second term of the Cass circuit court adjourned, Novem- ber 21, 1829.
THIRD TERM OF COURT
The third term opened April 26, 1830, the Old Seminary still being occupied as a courthouse, with John R. Porter, president judge of the first judicial circuit and Edward A. Hannegan, prosecuting attorney and afterwards a United States senator from Montgomery county. George Lyon, Porter A. Patterson, James Rariden of Wayne county, Thomas D. Brown, Wm. M. Jenness, David Wallace of Warren county and one Tatman were admitted to practice. This term occupied only three days and adjourned April 28, 1830.
The same judges appear at the November term, 1830, and April term, 1831. The first indictment for assault with intent to kill was returned at this term against "Kaw-bose," an Indian.
The first appeal to the court from a justice of the peace was at this term, also the first action for a divorce although not decreed until October 25, 1831. This first divorce case was Stephen A. Brown vs. Delia Brown.
The first action in chancery was begun at this term and was entitled John Hall vs. Zachariah Cicott, et al., and was brought to enforce a contract for the sale of real estate at Georgetown.
At the October term, 1832, the court received the report of an election held on September 5, 1832, to determine whether Logansport should be incorporated or not. The returns showed forty-five for incor- poration and two against.
At this term also, prison bounds, that is the district in which certain prisoners might be permitted to go at will, were fixed as follows: Com- mencing at the north bank of the island in the Wabash river opposite the south end of Walnut, now Third street, thence along Walnut street to the south bank of Eel river and to a point opposite the north end
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of Fifth street, thence along Fifth street to a point opposite the north bank of the island, thence to the place of beginning.
This prison zone was more especially applicable to persons impris- oned for debt and Mr. Pratt speaks of a pitiable case of Andrew Way- mire, a millright, who constructed a number of the first mills in Cass county but misfortunes overtook him on the journey of life and when his hair was white, in his declining years, he was cast into the Cass county jail because he was unable to pay his creditors. Mr. Pratt writes feelingly of Mr. Waymire strolling slowly around this prison zone in 1836, or sitting in the old log jail with a Bible in his lap, reading the precious promises of that other life on whose brink he stood "where the wicked cease from troubling and the weary are at rest." He men- tions another case where a fond parent was prevented from following the remains of a loved child to the grave because it was outside the jail bounds. Mercifully in 1843 the jail limits were made co-extensive with the lines of the county by legislative enactment. It will scarcely be credited that the barbarous law disgraced the statute books of Indiana until the year 1851, when it was abolished by the new constitution.
At this term also was had the first proceeding for the sale of real estate of a minor.
At the spring term, April 22, 1833, Gustavas A. Everts became presi- dent judge and John W. Wright and J. A. Liston were admitted to practice. July 17, 1834, Samuel C. Sample and James B. Niles, of St. Joseph county, were admitted to the bar and the following day Hya- cinth Lasselle, James W. Dunn, Daniel G. Gormeley and Spier S. Tip- ton. The late Anthony F. Smith became deputy clerk of the court September 8, 1834, and continued in that capacity for nearly fifty years.
John Pettit, afterwards United States senator and judge of the su- preme court, was admitted to practice February 16, 1835. Williamson Wright, August 10, 1835; John W. Patterson, February 8, 1836, and George W. Blakemore, February 10, 1836. Samuel C. Sample became president judge with George Bostwick and Robert Edwards associate judges August 8, 1836, on which day Rufus A. Lockwood and Joseph L. Jernegan were admitted to practice. On August 9, 1836, James Den- nison, Daniel D. Pratt and William Z. Stuart were admitted; in 1838, John F. Dodds; in 1840, Horace P. Biddle.and John B. Dillon; in 1843, Chas. B. Lasselle. These were all the prominent lawyers of Cass county admitted to .practice prior to 1850.
Up to 1834 Cass county had been in the fifth judicial circuit, but in that year it was assigned to the eighth and Robert Edwards became associate justice. The fifth judicial circuit as constituted in 1829 when the court was first established in this county was composed of the fol- lowing fifteen counties: Hendricks, Morgan, Monroe, Bartholomew, Johnson, Marion, Hancock, Shelby, Decatur, Rush, Henry, Madison, Hamilton, Carroll and Cass.
At this early day the state was sparsely settled and the counties comprising this district were heavily timbered, with no railroads, inter- urbans, or even gravel roads, and in Cass county the Michigan road had not yet been opened and the judge visiting these fifteen counties in his circuit had to go on horseback over dirt roads, and often wagon roads were not opened through the forests and he had to follow Indian trails and carry his law library in his saddle bags strapped to his saddle. There were, however, but few text books and but few decided cases and it was no hardship for the lawyer or judge to take his law library with him, consisting of Blackstone's commentaries, Pleading and Practice and Digest.
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HARRISON MURDER TRIAL
This being the first conviction for murder in Cass county excited a great deal of interest at the time and some incidents connected there- with may be of general interest to posterity. On Saturday night, Feb- ruary 10, 1838, the community was shocked at the wild rumor that David Scott had been fatally stabbed by Jeremiah H. Harrison. The homicide had occurred on the north bank of Eel river, a short distance east of the Sixth street bridge, where, at that time, there was a tavern, into which Harrison, a shoemaker by trade, had moved from Rising Sun, Indiana, the previous fall. Harrison knew Daniel D. Pratt in Rising Sun in 1833 and sent for him at 9 o'clock the night of the murder and Mr. Pratt describes the scene: "I found Mr. Harrison in the bar or east room where Scott lay bleeding on the floor in an insensible condition, with pools of blood about him. There were two other men in the room, but they were too drunk to give any information. Harrison stated that he had a sick wife in an adjoining room. Scott and the other men came in drunk and made a noise and disturbance, that he tried to quiet them but could not and ordered Scott out of the house; he resisted and he defended himself with his shoe knife with fatal results to Scott as was plainly manifest."
Coroner Yopst held an inquest on the following Sunday and Harri- son was arrested and confined in the county jail, a building made of hewed logs and standing at the southwest corner of our present court- house. On Monday, February 19, 1838, the circuit court met in the "Old Seminary" with Charles W. Ewing president judge, Thomas Johnson, of Ft. Wayne, prosecuting attorney, and James Horney, sheriff. A grand jury was impaneled consisting of Jesse Julian, foreman; Abra- ham La Rue, John A. Calvin, Daniel Bell, John Clary, John Adams, Jonathan Martindale, William Murphy, David Patrick, Thomas Kinne- man, John Kistler and Alexander Gray. The grand jury returned an indictment on February 21st, charging Harrison with murder in the first degree. The trial began on Tuesday, February 27th, Williamson Wright assisting the prosecuting attorney, Thomas Johnson, and the court ap- pointed Daniel D. Pratt and William Z. Stuart to defend the prisoner as he was not able to employ an attorney.
The "Old Seminary" being small and in a dilapidated condition, the court adjourned to meet at once in the Presbyterian church, which still stands on the back end of the lot on the south side of Broadway, between Fifth and Sixth streets. Here a jury was impaneled composed of the following persons : Lewis Johnson, Jos. Galbreth, Christian Arma, Peter Berry, Robert Bryer, John Rush, John McMillen, Richard Tyner, John Adair, Joseph Corbet, Thomas McMillen and Joseph Ballew.
The trial lasted two days. The jury was out just half an hour and returned a verdict of guilty of murder in the first degree. Motions for a new trial were overruled and on March 2, 1838, sentence was pro- nounced. Mr. Pratt in his reminiscences states that the verdict was a foregone conclusion, as Harrison was not known and Scott enjoyed a high degree of popularity among pioneer settlers. "He was a farmer and had influential brothers, and possessed a happy wit which made him a welcome presence in any crowd. When 'half seas over'-a con- dition common to him whenever he came to town-he was in his happiest vein, and public sentiment was indulgent to this one bad habit." Had the trial been postponed six months and the public excitement subsided, the verdict would have been different. Mr. Pratt made two trips to Indianapolis on horseback to present a petition to Governor Wallace for a reprieve, but only succeeded in delaying execution and because
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of this activity in behalf of his client he was hung in effigy in front of the Vigus tavern, corner of Third and Market streets.
"The early risers were struck with astonishment," says Mr. Pratt, "on seeing a figure resembling my own, but eight or ten feet in height, and the legs extended like the Colossus of Rhodes. I was indebted to the friendly hand and heart of John B. Dillon, Indiana's historian and one of the sweetest poets, for taking down the image and denouncing the outrage."
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