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 16
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Mr. Pratt was allowed a fee of $20.00 for his services. This munifi- cent sum may provoke a smile from the present generation of lawyers. The prisoner was finally condemned to be hung on Friday, June 1, 1838. The sheriff had erected a gallows near Tenth street, between North and Broadway, then in the woods, but on the night of May 31st, the prisoner hanged himself in the old log jail by twisting into a rope the silk hand- kerchief his wife had left in the cell. He formed a noose and fastening it to the wall on a peg in the log, bent forward as if in prayer, and met his doom. As the stars were fading out before the approach of day, his soul went forth into the vast expanse of its journeyings. A multitude, estimated at five thousand people, came from far and near on the. day preceding the execution. All the livelong night, the crowd outside the jail had added to the horrors of the prisoner's condition by the up- roar, its unfeeling jests, its cruel revilings, and the band that was to precede the procession next day to the place of execution, practiced the dead march in close proximity to the jail. When it was known that the prisoner had cheated the gallows, the crowd was furious at its disap- pointment. They would not be convinced that he had anticipated the executioner's work until his body was brought forth and each man could satisfy himself by lifting the stiffened limbs or placing a finger upon the marble cold cheek. For many months, until bleached by sunshine and storm, the gallows stood, a ghastly spectacle on the hillside north of Broadway, near Tenth street. Thomas Richardson erected the gallows and the record shows he was allowed $20.00 for its construction at the September, 1838, term of commissioners' court. Also that William Sellers and Christian U. Kreider were allowed $135.00 for guarding the prisoner, Harrison.
The suicide's body was buried outside of the old cemetery, near the northeast corner, where his shoemaker's sign marked his grave for many years, but its identity was finally lost and when Tenth street was im- proved about the year 1894, the writer, then in the city council and chairman of the cemetery committee, removed the bones of many un- known and unclaimed human remains to Mount Hope cemetery, and no doubt all that was mortal of this unfortunate victim of drink was in- cluded among them.
There have been a number of murders in Cass county since the above case, but the murderer has always escaped the hangman's noose, al- though Brooks and Carr, who knocked Mr. Slater down and killed him in his little grocery near Twelfth street in April, about 1872, were con- victed, and the former paid the penalty of death, yet the trial was held at Delphi, on change of venue, and the execution took place there, thus relieving Cass county of such an extreme penalty.
Again in 1880, Andy Monehan was convicted of the murder of one. Jackson on the south side, and the extreme penalty was pronounced and Sheriff Himmelberger had erected the gallows in the courthouse yard, just outside the jail, but at the last moment Gov. James Williams com- muted the sentence to life imprisonment, again saving Cass county the unenviable act of executing the death penalty.
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HISTORY OF CASS COUNTY
PROBATE COURT
Probate courts were established by an act of the general assembly of January 23, 1829, to consist of one judge but not required to be a lawyer or to possess a professional or legal education.
This court was given exclusive original jurisdiction in all matters involving the probate of wills, granting letters testamentary, adminis- trators, guardianship and settling estates. The act went into effect August 1, 1829. The term of the judge was for four years. There were four terms a year: February, May, August and November.
The first judge was John Scott, who was elected in August, 1829. He had been a judge in Wayne county, previous to locating here.
The first term of the probate court was held in the Old Seminary on Monday, November 2, 1829. The first case was that of Francis Godfrey, administrator of the estate of Francis Lafontaine, by Thomas J. Evans, his attorney, wherein he petitioned for the sale of real estate to pay the debt of said estate, and Chauncey Carter and Hiram Todd were appointed to appraise the real estate of said Lafontaine.'
The first letters of administration issued in this county were granted on November 2, 1829, to James Nixon. "Of the goods and chattels, rights and credits, moneys and effects which were of Asa Davis, late of Cass county, who died intestate." On the same day letters of admin- istration were granted to Jacob R. Hall to settle the estate.of John Hall, deceased.
These two cases comprised the recorded transactions of the term, which occupied only one day. The second and third terms in February and May, 1830, were no longer than the first. This court continued to transact the probate business of the county until 1852, its last session closing on August 15th of that year, when the court was abolished by an act of the legislature passed May 14, 1852, under the new constitu- tion and its business was transferred to the newly created court, the common pleas court.
COMMON PLEAS COURT
By the provisions of an act approved May 14, 1852, the court of common pleas was established and its powers defined. Its jurisdiction was similar to the old probate court which it superseded and related to the probate of wills, guardianships and settling of estates of descend- ants; also had jurisdiction over criminal cases which did not amount to a felony. An appeal lay to the circuit or superior court, direct, at the option of the appellant. The judges could practice law in all courts except their own. The clerk of the circuit court and the sheriff of the county served also the probate and common pleas court. The Cass common pleas court was organized January 7, 1853, with Robert F. Groves as judge. The first case was one for retailing liquors without license. This court continued to have jurisdiction of probate business generally and the class of civil and criminal cases, as in the act pre- scribed until February 18, 1873, when by an act of the general assembly the court was abolished and its business transferred to the circuit court, where the jurisdiction over probate business still rests, the business of that class, in part, being transacted by a "probate commissioner," whose duties are to examine probate business and report to the circuit judge for final adjudication.
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The constitutional convention of 1851, of which Judge Biddle was a leading member, and in which he took a prominent part, provided that the circuit court should consist of but one judge instead of three, and
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HISTORY OF CASS COUNTY
by act of the legislature of 1852 it was provided that there should be ten districts in the state and Cass was assigned to the eighth circuit along with Miami, Howard, Wabash, Fulton, Pulaski, White, Jasper and Carroll counties. The term of the circuit judge was fixed at six years, and John U. Pettit was the first judge after the triple judgeship was abolished.
COURT OF CONCILIATION
This court was established by an act approved June 11, 1852, and vested with jurisdiction over claims and controversies, submitted for the purpose of compromise or conciliation or for determination of cases by the judge of the court of common pleas, who was made ex-officio judge of this court. Causes involving actions for libel, slander, malicious prosecution, assault and battery and false imprisonment, were designed to be first submitted for conciliation as a means of settlement at small cost. But few cases were brought to this court and the act was repealed November 30, 1865. It had been practically a dead letter in the statutes.
SUPERIOR COURT OF CASS COUNTY
This court was created by an act of the general assembly ap- proved March 3, 1877, and was organized March 12th of that year with John C. Nelson as judge, who continued as judge until the court was abolished by act of the legislature approved April 2, 1881. This court had original and concurrent jurisdiction with the circuit court and was created to relieve the crowded condition of the circuit court docket. It did good work and served a useful purpose but it was no longer a necessity and was abolished.
COURTROOM
From the organization of the court in 1829 until February, 1838, the sessions of the court were held in the old seminary located on the northeast corner of Market and Fourth streets from that time until November, 1840, the Presbyterian church which stood on the south side of Broadway, east of the alley, between Fifth and Sixth streets, and at this writing still stands in the rear of No. 521 Broadway, and is used as a storeroom-was occupied as a courtroom. From April, 1841, until August, 1842, court was held in the old Methodist church that was then located at what is now known as No. 212 and 214 Sixth street, between North and Broadway.
The contract for building the old courthouse was let in 1839 but was not completed until 1844, but court was held there in the uncompleted building in the fall of 1842 and thereafter. In 1888 this old building was remodeled and enlarged into the present commodious structure. A bit of local history is connected with the rebuilding of the courthouse.
JAIL
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The first county jail was erected in 1829 near where the present jail stands. It was a simple hewed log building twelve feet square. This simple structure was replaced in 1833 by a two-story building 14 x 27 feet, made of hewed logs twelve inches square, and this was superseded by prison rooms in the basement of the courthouse in 1842 to 1844. The present sheriff's residence and jail were erected in 1870 and later remodeled and improved.
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HISTORY OF CASS COUNTY
JUDGES OF THE CASS CIRCUIT COURT
Hon. Bethuel F. Morris, of Marion county, as president judge of the fifth judicial circuit, composed of fifteen counties heretofore enumer- ated, was the first judge to open court in Cass county in the old seminary on May 21, 1829, when the organization of the Cass circuit court was perfected as elsewhere shown. He also presided at the November term with Hiram Todd and John Smith as associate judges. But little is known of Judge Morris' personal characteristics further than is dis- closed in the court records. These show a methodical disposition, ready in the settlement of issues and clear in the enunciation of decisions. Before the commencement of the third term of the Cass circuit court a re-adjustment of the districts took place and this county became a part of the first judicial circuit, composed of the counties of Vermilion, Parke, Montgomery, Fountain, Warren, Tippecanoe, Carroll and Cass, and later Clinton and St. Joseph were attached.
JUDGE JOHN R. PORTER
Came to the bench as president judge of this circuit April 26, 1830, with Hiram Todd and John Smith associates. The sessions of court were held in the seminary, corner of Fourth and Market. Like his predeces- sor, we know but little of Judge Porter. The records show a lack of method and a non-observance of strict rules of procedure and practice. He was more practical and not technical. He occupied the bench in this county until the close of the October term, 1832.
Judge Gustavus A. Everets began his judicial work in Cass county at the April term, 1833, and closed it with the February term, 1836. At the first term Hiram Todd and John Smith continued to act as associate justices but in 1834 Robert Edwards and Hyacinth Lasselle, Jr., took their seats as associates. This, the eight judicial circuit, was then composed of the counties of Carroll, Cass, Miami, Wabash, Huntington, Allen, Lagrange, Elkhart, St. Joseph and Laporte.
Judge Everets was a man of great tact, fine address, astute in the management of witnesses, but not remarkably studious or learned in the law. He could arouse the emotions and touch the feelings of a jury, but appealed more to their passions than their understanding. As a teller of amusing stories he was inimitable and always had a fund of ready anecdotes.
JUDGE SAMUEL C. SAMPLE
In August, 1836, when Judge Sample held court in Cass county he was a resident of South Bend, where he died in middle life. Dr. Geo. T. Bostwick and Robt. Edwards were his associates; J. L. Jernagan, prosecuting attorney, and Job B. Eldridge, sheriff. Judge Sample was raised in Connersville, Indiana, where his father and several brothers occupied high positions in society. He was an ordinary man; plain, but practical. At the bar and as judge he stood high. He later repre- sented his district in congress with ability. He had a fine physique, large forehead and dark hair.
JUDGE CHARLES W. EWING
Came upon the bench of the eighth judicial circuit in February, 1837, holding court in the old seminary with the same associates as his pred- ecessor, with Thomas Johnson as prosecutor. Judge Ewing was a law- yer of superior ability and stood high in his profession. As a judge,
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he was ready in grasping facts and seldom committed an error. He was deservedly popular. His term of service as judge of the Cass cir- cuit court closed with the February term, 1839. His untimely death was a source of regret to all his acquaintances. He died by his own hand January 9, 1843, in the meridian of life.
JUDGE HENRY CHASE
Was the sixth judge of the Cass circuit court. He was appointed August 20, 1839, by Gov. David Wallace, to fill the vacancy caused by the resig- nation of Judge Charles W. Ewing.
At this time the eighth district was composed of the counties of Cass, Miami, Wabash, Huntington, Whitley, Noble, DeKalb, Steuben,
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JUDGE HORACE P. BIDDLE
Lagrange and Allen. Judge Henry Chase taught school in St. Clair- ville, Ohio, in 1825, and studied law. He practiced in Adams county, Mississippi, in 1828, and moved to Carroll county, Indiana, in 1830, and settled in Logansport in 1834. He was a ready pleader, never asking time to prepare his papers; had a clear and logical mind. As judge he was dignified and self-reliant. His style was brief yet reliant. He left Logansport in 1845 and located in New York City and in 1852 settled in Sheboygan, Wisconsin, and died there in July, 1854, aged fifty-four years. He was the father of Judge D. H. Chase.
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HISTORY OF CASS COUNTY
JUDGE JOHN W. WRIGHT
Was elected president judge of the eighth judicial circuit by the legis- lature of 1839-40. He began his first term of court in Cass county, May 14, 1840, with Dr. Bostwick and Mr. Edwards as associates and continued on the bench until August, 1846. He was a man of marked peculiarities; not a profound lawyer but ready in arriving at conclu- sions and prompt in announcing them. The business transacted during his term was unusually large and yet few appeals were taken from his decisions. Later he was mayor of the city of Logansport and became interested in the construction of the first railroad into our city. In this field he was very active and influential. Later in life he moved to Washington, D. C., where he died many years ago.
JUDGE HORACE P. BIDDLE
Was the successor of Judge Wright and began his first term of court in this county February 24, 1847, with Hewitt L. Thomas and Jesse Julian as associates. The latter, however, soon after died. In 1852, he was elected a delegate to the constitutional convention to revise the state constitution and was one of its most influential members. After his term of service expired he returned to the practice of law until 1860, when he was again returned to the bench and served two terms of six years each until 1872. In 1874, he was elevated to the supreme bench of the state, serving six years and leaving that high position full of judi- cial honors. Judge Biddle has also become known in the literary world as a versatile writer of prose and poetry. He died in 1900.
JUDGE ROBERT H. MILROY
Came to the bench in 1852 and served one term. He was then a resident of Delphi and the ninth circuit was composed of the counties of Lake, Laporte, Porter, St. Joseph, Marshall, Starke, Fulton, White, Cass, Pulaski, Howard, Carroll and Miami. Judge Milroy was a lawyer of considerable ability, wide experience and high integrity, which qualities he exhibited on the bench in a marked degree, leaving no stain upon his judicial ermine.
He possessed a military instinct and attended a military school at Norwich, Vermont. On the breaking out of the war with Mexico in 1846 he, raised a company and served as its captain. During the Civil war he also raised a company but was later commissioned colonel of the celebrated "Bloody Ninth."
JUDGE JOHN UPFOLD PETTIT
Was the tenth judge of the Cass circuit court, which belonged to the eleventh judicial district, and assumed judicial honors in April, 1853, and closing in April, 1854, when he resigned and was elected to the thirty-fourth congress in the lower branch of the national legislature. He was again elected to congress in 1865 and became speaker of the house, which position he filled with distinction and credit and he was one of the most polished presiding officers that ever filled the speaker's chair.
He studied law in the office of D. D. Pratt in this city and was admit- ted to the local bar in February, 1841. In 1842 he settled in Wabash, where he continued to reside until his death, March 21, 1881. He was professor of law in the State University in 1850 and served his country with honor for two years as consul at Maranham, Brazil.
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HISTORY OF CASS COUNTY
JUDGE JOHN BROWNLEE
Was judge of the Cass circuit court at the October term, 1854, having been appointed to fill the vacancy caused by the resignation of Hon. John U. Pettit. He was a lawyer of fair ability and made a creditable judge. He resided in Grant county.
JUDGE JOHN M. WALLACE
Was a native of Franklin county, Indiana, and was elected from the eleventh judicial district, which at that time included Cass county. His first service in this county began April 16, 1854, and he served one full term of six years. He ranked high both as a lawyer and judge. As a man he was gentlemanly in manners and of easy address. He served with credit in the Mexican war and was commissioned colonel of the Twelfth Indiana Infantry in the Civil war and later became paymaster in the regular army. He died in Grant county, Indiana, some years ago.
JUDGE DUDLEY H. CHASE
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Was the immediate successor of Hon. Horace P. Biddle as judge of the eleventh judicial circuit, composed of the counties of Carroll, Cass, Miami and Wabash. His first term began in this county, November 11, 1872. He was re-elected in 1878 and thus served twelve years, when he declined a renomination in 1884 and resumed the practice of bis profession ; but in 1894 he was again elected over his opponent, Moses B. Lairy, and began his third term of six years in November, 1896, thus occupying the bench of the Cass circuit court for eighteen years. Few judges of his age acquired so high a reputation for soundness in the knowledge of the law and careful application of its principles. Forti- fied by his convictions of right, he seldom committed errors and his decisions were generally sustained by the higher courts. As a lawyer he was a safe counselor and judicious practitioner.
JUDGE MAURICE WINFIELD
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Succeeded Judge Chase and began his term on November 3, 1884, and resigned the judgeship in February, 1889, to resume the practice of law. He was admitted to practice in Cass county, December 17, 1868, and stands high as a lawyer and jurist and his opinions were regarded as sound and ably presented. When the superior court was abolished in . 1881, Cass county was made a circuit to itself and has been known since that date as the twenty-ninth judicial district.
JUDGE DYER B. MCCONNELL
On the resignation of Judge Winfield in 1889 the governor appointed D. B. McConnell to fill out his term, which did not expire until Novem- ber, 1890, but prior to this, in 1888, Mr. McConnell had been elected as judge of the Cass circuit court for the full term of six years begin- ning November, 1890. Judge McConnell declined to run for a second term in the election of 1894 and Judge Chase was asked to stand for the judgeship, but hesitated to do so owing to the fact that the election occurred nearly two years before he would begin the term. Accordingly Judge McConnell had an understanding with Chase that in case of his election in 1894 that he, McConnell, would resign with the recommenda- tion that Chase would be appointed at once. Mr. Chase was elected in
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HISTORY OF CASS COUNTY
November, 1894, and Judge McConnell resigned April 5, 1895, During the election of 1894 party spirit ran high and Moses B. Lairy, a Demo- crat, who was beaten by Judge Chase, brought influences to bear upon Governor Matthews and had himself appointed instead of Chase to fill the unexpired term of Judge McConnell.
Mr. McConnell was a dignified judge and by his conduct and deci- sions maintained the high standing of the Cass circuit court, which it had gained through the decisions of Judges Biddle, Chase and others.
JUDGE MOSES B. LAIRY
As above portrayed, Judge McConnell resigned on April 5, 1895, and Claude Matthews, then governor of Indiana, appointed Mr. Lairy to fill out the unexpired term extending from April, 1895, to November, 1896, which he did with credit and honor to himself and the appoint- ing power, which was later recognized by his elevation to the judgeship of the appellate court of the state, which will be noticed later on. Fol- lowing Judge Lairy, Judge Chase occupied the bench for a third term from November, 1896, to November, 1902, as previously mentioned.
JUDGE JOHN S. LAIRY
At the election of 1900 Judge Chase was again a candidate for re- election but was beaten by John S. Lairy and the latter assumed the duties as judge of the Cass circuit court (the circuit consisting of only the one county of Cass) November, 1896. He was re-elected, defeating George A. Gamble in 1906 and was elected to a third term in 1912, being opposed by George W. Funk on the Republican and Charles H. Stuart on the Progressive ticket. If he lives to fill out his term of office, Judge John S. Lairy will have occupied the bench for eighteen consecutive years, an honor not accorded to any other judge of a Cass county court. Judge Lairy is a brother of Moses B. Lairy, who filled the unexpired term of Judge McConnell, as previously mentioned. He is a Cass county production, having been born and reared in Harrison township and the county is thus doubly honored. As a jurist he is courteous yet dignified, fair in his rulings and his decisions are generally correct and sustained by the higher courts.
JUDGES OF THE PROBATE COURT
As noticed on another page this court was commenced in Cass county in 1829 and was discontinued by a revision of the judicial system of " the state under the constitution of 1851, the entire probate business being transferred to the court of common pleas which was then established. The following persons, some of whom were not professional lawyers, have acted as probate judges: John Scott, 1829-32; Chauncey Carter, 1833-34; James McClurg, 1835; Henry La Rue, 1836; Thos. J. Wilson, 1837-44; John S. Patterson, 1845-47; Robt. F. Groves, 1848; John F. Dodds, 1849-50; J. M. Lasselle and Alvin M. Higgins, 1851; Henry M. Edison, 1852.
JUDGES OF COURT OF COMMON PLEAS
As elsewhere stated the common pleas court superseded the probate court in 1852 and was discontinued in 1873 and its work transferred to the circuit court under the direction of a probate commissioner. Their names and terms of service are as follows: Robert F. Groves,
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HISTORY OF CASS COUNTY
1853-56; Samuel L. McFaddin, 1857-60; Kline G. Shryock, 1861-62; David D. Dykeman, 1863-65; Thomas C. Whitesides, 1866-69; James H. Carpenter, 1870; Daniel P. Baldwin, 1871-72; John Mitchell until the court was abolished in 1873.
JUDGES OF THE SUPREME AND APPELLATE COURTS
Cass county has been honorably and ably represented in the higher courts of the state by the following judges :
WILLIAM Z. STUART
Was admitted to the Cass county bar February 20, 1837. He was one of the most learned men that ever practiced in our local courts. He was a close, logical and judicious pleader and his papers were prepared with great skill and caution. He was prosecuting attorney in 1844-45. He occupied a seat on the supreme bench from 1853 to 1857. Returning to private practice he was the attorney for the Wabash Railroad for many years prior to his death, which occurred May 7, 1876.
HORACE P. BIDDLE,
Who as circuit judge is mentioned elsewhere, served a full term of six years from 1874 to 1880 on the supreme bench, leaving that high position full of judicial honors.
GEORGE E. Ross
Served as judge of the appellate court of the state one full term from January, 1893, to 1897, after which he returned to private practice and is now acting as legal adviser of the Pennsylvania Railroad Company in Logansport. The appellate court was created in 1887 to relieve the congested docket of the supreme court.
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