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 17
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QUINCY A. MYERS
Was elected to the supreme bench of the state in 1908 and is at the present time an honored member of the supreme court. .
MOSES B. LAIRY
Became a member of the appellate court at the election of 1910 and is ably representing Cass county as judge in that court.
KENESAW MOUNTAIN LANDIS
Judge of the federal court, was born at Millville, Ohio, November 20, 1866. Educated in the public schools of Logansport, Indiana. Grad- uated from Union College of Law in 1891; married July 25, 1905. Pri- vate secretary to Secretary of State Gresham. Appointed judge of the United States courts for the northern district of Illinois March 28, 1906, and still holds the judgeship, which is a life appointment or during good behavior. Judge Landis was admitted to practice in the Cass cir- cuit court July 13, 1889, and rose rapidly in his profession until he finally received a life appointment on the federal bench, which position he has filled with honor and credit to himself and the county where he was educated and reared.
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PROMINENT EARLY AND DECEASED ATTORNEYS
We will give a brief mention of some of the more prominent lawyers who have practiced at the Cass county bar during the early days and those who have passed to their reward. It will be impossible to speak of all, and many worthy and equally prominent men may be omitted as it is our expectation to only mention a few of those whom we have heard spoken of most frequently and prominently.
HON. ALBERT S. WHITE
Was the first lawyer to be admitted to practice in the Cass circuit court at its organization May 21, 1829. He was a resident of Lafayette. Although he never became a resident of this county, yet his scholarly attainments and professional acumen have been so well and favorably spoken of that he is entitled to be mentioned as the senior member of the local bar. He was a small, wiry, wide-awake, nervous man, with aquiline nose, thin visage and near sighted. He was learned in his profession and of literary tastes. He afterwards became congressman and United States senator and judge of United States district court.
CALVIN FLETCHER,
Although a resident of Indianapolis, was among the first practitioners in our courts and was one of the bright lights in his profession and often honored our courts with his presence in pioneer days when Cass county belonged to the Indianapolis circuit.
JAMES RARIDEN,
Of Wayne county was early admitted here and recognized in his day as one of the ablest attorneys in the state. He was a congressman from his district in 1838-39.
EDWARD A. HANNAGAN,
A resident of Montgomery county, was prosecuting attorney of this judicial circuit in 1830-31 and one of its most distinguished lawyers. He was United States senator from 1843-49.
DAVID WALLACE
Was a prominent attorney in the local courts and stood high in his profession. He was governor of the state from 1836 to 1840.
WILLIAM WICK .
Was the first prosecuting attorney of our circuit court in 1829, was a good lawyer and later a representative in the lower house of congress.
GEORGE LYON,
One of the earliest attorneys admitted to the bar, was a man of scholarly attainments and was the second school teacher in the county. He opened a school in the old brick seminary, northeast corner of Fourth and Market streets, November 8, 1829. He was the first deputy prosecutor of the Cass circuit court.
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THOMAS J. EVANS
Prepared and filed the first cause upon which action was had in the Cass circuit court in November, 1829. He was a man of eccentric char- acter, but a bright lawyer.
JAMES W. DUNN
Was one of the early attorneys, but was elected to the office of justice of the peace, which he held for many years, and his practice in the higher court was limited.
SPIER S. TIPTON,
Son of Gen. Tipton, was admitted to the bar February 3, 1835. He had
D. D. Praw
a military education and when the war with Mexico broke out he raised a company and was sent to Mexico; was engaged in many battles from Vera Cruz to Mexico City, but died there and never returned.
WILLIAMSON WRIGHT,
Brother of Judge John W. Wright, became a member of the Cass county bar August 10, 1835, and rose to be a successful and popular attorney. For many years he and John S. Patterson controlled a large portion of the legal business of the county, but gave up active practice many years before his death, which occurred in 1896. Vol. 1 -- x
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GEORGE W. BLAKEMORE
Was one of the old-time lawyers, possessing only ordinary ability, but had a fair practice in his day. He was county auditor for one term and represented Cass county in the legislature two terms.
HON. DANIEL D. PRATT
Studied law in the office of Calvin Fletcher, of Indianapolis, and in 1836 located in Logansport. He was studious, careful and painstaking in the preparation of his cases and deservedly rose to become the most prominent and forceful lawyer in Cass county. He frequently secured verdicts at the hands of a jury by skillful and logical arguments which were presented with great magnetic force. He served one term in the legislature and represented Indiana in the United States senate from 1869 to 1875. He died in Logansport June 17, 1877.
HON. WILLIAM Z. STUART
Came to Logansport in 1837; was prosecuting attorney in 1843-44, judge of the supreme court 1853-57, and attorney for the Wabash Railroad for many years prior to his death, which occurred May 7, 1876. Mr. Stuart was very thorough and methodical and logical and ranked among the best lawyers in the state.
HON. HORACE P. BIDDLE
Judge Biddle was admitted to the Cass county bar in 1840 and became one of the most distinguished lawyers of the state and as a local judge and on the supreme bench was well and favorably known throughout the state as a judge and lawyer of high repute. He died in 1900.
HON. JOHN P. DILLON
Became a member of the Cass county bar May 14, 1840, but never prac- ticed his profession to any extent. He was a close student, a deep thinker and forcible and fluent writer, both of prose and poetry. He was editor of the Logansport Canal Telegraph for several years in the early forties, but his greatest work was his History of Indiana. He moved to Indian- apolis, where he died in 1879.
HON. CHARLES B. LASSELLE
Studied law in the office of D. D. Pratt and was admitted to the bar in 1842. In 1847 he was elected prosecuting attorney. From 1862 to 1866 he represented Cass county in the lower house of the state legislature, and from 1868 to 1872 in the state senate. He was also mayor of the city in 1863-65. Mr. Lassalle was not a brilliant lawyer, but patient and pains- taking and his faculty of writing and preserving papers and documents relating to local history of early times was commendable and Cass county owes much to Mr. Lassalle for records of the past. At his death, which occurred September 28, 1908, the state library purchased Mr. Lasselle's collection of old papers and manuscripts, paying therefor $250.00. This was a valuable collection of old papers, including the Pottawattomie and Miami Times, the first paper published in Logansport in 1829. This collection should have been retained by the Cass County Historical So- ciety, but we were then only just organized and not in a position to buy or store the papers.
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HON. JAQUES M. LASSELLE,
Brother of Charles B., was admitted to practice September 1, 1841. Had only limited success as a lawyer. In 1851 he served a part of one term as probate judge. Ill health, which ended in death, prevented the complete fulfillment of the term.
BENJAMIN W. PETERS
Was a student in the office of his uncle, Horace P. Biddle, and was ad- mitted to practice in 1845 and soon became a partner in the firm of Bid-
CHARLES B. LASSELLE
dle & Peters, which continued until his death, May 22, 1857. He was buried in Mt. Hope cemetery and his monument was the first to be erected in that burial ground. Mr. Peters as a lawyer compared favor- ably with the Cass county bar. . He. showed his patriotism by enlisting with the Cass county volunteers at the breaking out of the Mexican war in 1846.
DAVID P. JENKINS
Was a small, precise and refined appearing man; admitted to the bar about 1865. He was a creditable lawyer, but his practice was not large and he went west locating in Spokane, Washington, where he became quite prosperous and died there.
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LEWIS CHAMBERLAIN
Mr. Chamberlain came from New York state in 1851. By his crit- ical knowledge of the law, his energy, tact and logic he soon occupied a high position among the leading lights of the profession in the state. Later in life, however, and in the midst of a lucrative practice, a shadow passed over his intellectual horizon, shutting out its light forever. He died in the Central hospital for the insane at Indianapolis in 1874, a comparatively young man. His afflictions were largely due to dissipa- tion, it is said. Thus was eclipsed one of the brightest intellects that ever appeared at the Cass county bar.
HON. SAMUEL L. McFADDIN
Studied law in the office of W. Z. Stuart and admitted to the bar May
SAMUEL L. McFADDIN
10, 1852, was soon after elected district prosecutor in the common pleas court and in 1856 judge of that court and served one term of four years. Later he was elected to the legislature and mayor of the city and in 1876 clerk of the circuit court and re-elected in 1880. As a lawyer, he did not excel but as a good natured, convivial story teller he was un- excelled.
STEPHEN C. TABER
Studied law in the office of Hon. D. D. Pratt and was admitted to prac- tice November 9, 1852, and soon after entered into a partnership with
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his preceptor under the firm name of Pratt & Taber, and the firm had an extensive practice, but on the death of his father, Cyrus Taber, in 1855, he retired from active practice to take charge of the extensive estate left by him. He died July 16, 1908.
DAVID TURPIE
Studied law in the office of Daniel D. Pratt in 1849 and later moved to Monticello, but in 1868 returned to Logansport where he continued in practice until 1872 when he moved to Indianapolis and died there April 21, 1909. Mr. Turpie was a profound lawyer, able speaker, erudite writer and a rare linguist, being master of seven languages. He was a judge, member of the legislature and United States senator and one of the ablest lawyers that ever practiced in the Cass county courts. He was a Democrat in politics. .
HON. DAVID D. DYKEMAN
Probably the most energetic and forceful lawyer at the Cass county bar, to which he was admitted February 5, 1855, came from the state of New York the year before and studied law in the office of his uncle, D. D. Pratt. As a criminal and jury lawyer, he had few superiors. He was not a close student, but energetic and resourceful and some- times not over scrupulous in his methods. He was a born leader and exercised this faculty in his party (Democratic) in the city council, state senate and other positions which he filled. He died February 23, 1911, from the effects of repeated strokes of paralysis of which he was seized for several years prior to his demise.
JOHN GUTHRIE,
Who was admitted to practice May 10, 1859, was a prominent attorney for many years, but moved to Kansas and later to Oklahoma when that territory was about to assume statehood and laid out the town of "Guthrie," named in his honor and now the capital of that state. Later he returned to Topeka, Kansas, where he had already become a promi- nent attorney and was serving his second term as postmaster when he died in August, 1906.
DEWITT C. JUSTICE,
Son of Dr. J. M. Justice, a graduate of the law department of the Uni- versity of Michigan, admitted to practice in 1868, was a close student and thoroughly mastered the law and being a cripple, not walking with- out crutches, had to sit in his office when not in the court room, and became a sitting encyclopedia of legal lore and many of the attorneys on "rogues row" would appeal to him to unravel knotty questions on tech- nical subjects. He died January 5, 1905.
JAMES MONROE JUSTICE
Attended Hanover college and Michigan University law school, admitted to practice in the Cass circuit court about 1865 and was prosecuting at- torney in 1873. He was a fair lawyer and a good writer and often wrote for publication. He died at his home, 1015 North street, August 20, 1889.
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WILLIAM POWELL
Was a farmer of Bethlehem township, but studied law and about 1866 was admitted to the bar. He was a great student and constantly poured over his law books for he had plenty of time as his clients were few and far between, and he read law for the love of the subject and he was known as "Common Law Powell." He died July 13, 1905, aged 86 years.
DUDLEY H. CHASE,
Having occupied the bench for eighteen years, is mentioned elsewhere and we will only say that he was a bright lawyer of the strictest integ- rity, quick of perception, a ready pleader and ranked high as a lawyer.
AARON M. FLORY
Brought up in Cass county, admitted to the bar November 26, 1859, was colonel of the Forty-sixth Indiana Infantry in the Civil war, a leading attorney and prominent citizen until 1882, when he moved to Kansas and died at Emporia in 1893.
T. C. ANNABAL
Was a small, but spirited man with one lame foot; admitted to practice May 8, 1860. He was full of energy and force and a good lawyer, but, it might be said, he lacked a balance wheel or regulator. He was in- terested in newspaper work and other business speculations. He moved to Goodland, Indiana, and died there March 17, 1895, and lies at rest in Mt. Hope cemetery. His son, Thomas Wilson Annabal, is a lawyer now practicing in Peru, Indiana.
HENRY C. THORNTON
Was a Cass county production, tall, slender and sinewy with an acute mind; admitted to the bar July 24, 1865, and rapidly rose to prominence as a lawyer. Having married an eastern woman, he moved near Phila- delphia, where he died October 9, 1901, and lies in an eastern cemetery.
MICHAEL D. FAUSLER,
Son of Dr. D. N. Fausler, studied law in the office of D. B. McConnell, was admitted to practice in 1881 or 1882; elected prosecuting attorney in 1884 as a Democrat. He was a versatile and resourceful lawyer, a free talker and a good pleader. He died May 6, 1896, leaving one son, Michael L. Fausler, who is now serving his second term as prosecuting attorney.
ELMER S. DANIELS
Was a native of West Virginia, came to Logansport in the seventies; studied law in the office of S. T. McConnell, admitted to the bar Feb- ruary 19, 1878; prosecuting attorney from 1880 to 1884, and soon after moved to Chattanooga, Tennessee, where he built up a good practice, later he moved to the West where he died about the year 1900. Mr. Daniels was a tall, slender man with dark hair and piercing eyes.
HON. DANIEL P. BALDWIN
Graduated from Madison University in 1856 and from Columbia Law School in 1860, and his educational advantages were unexcelled, and being a natural student and possessing literary tastes, was probably the most learned attorney at the Cass county bar. Theoretically, at least,
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Mr. Baldwin had no equal as lawyer and scholar, but in practice others might have outclassed him. He was a forcible speaker and always dis- played great care and deep thought in what he said. He was admitted to the bar November 16, 1860, and rose rapidly to leadership in the local courts under the firm name of Pratt & Baldwin. He was appointed judge of common pleas court in 1870, and in 1888 elected attorney gen- eral of Indiana, both of which places he filled with credit. He died suddenly at his home in Logansport, December 13, 1908.
NATHAN O. Ross, SR.
While Mr. Ross spent the most of his time in Logansport he claimed Peru as his residence and was admitted to the bar in 1839. He was for
DANIEL P. BALDWIN
many years the attorney for the Pennsylvania railroad in Logansport. He was not a brilliant man or a great orator, but was a careful, pains- taking lawyer; his pleadings were models of simplicity and few had greater power to unravel evidence and lay it before a jury. He was the father of George E. Ross; was born in Kentucky in 1819 and died July 22, 1901.
FRANK SWIGART
Soon after returning from his army service in the Civil war, Mr. Swigart became a member of the Cass county bar, September 12, 1865, and met with fair success in his chosen profession. He died suddenly, June 7, 1912, at his home, 715 North street, soon after having been elected commander of the G. A. R. of Indiana.
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WHEN LAWYERS RODE THE CIRCUIT
Prior to 1847 there was not a railroad in Indiana and the first rail- road into Logansport was built in 1853. When the Cass circuit court was first organized in 1829 it was a part of the Marion county circuit and extended to the northern part of the state with not only no rail- roads, but wagon roads were not opened up through the dense forests and it is said that in 1833 there were but two bridges within the state and none north of Indianapolis. Lawyers, like every one else in those days were not over-burdened with "filthy lucre" and could not even afford a horse, but would go on foot in making the rounds of their circuit. Oliver S. Smith, in his "Early Sketches," tells that he and General Noble were eighteen days traveling from Brookville to Wash- ington city in 1827; and Calvin Fletcher, in 1821, was fourteen days on the road from Urbana to Indianapolis.
These poor but plucky young men who came to Indiana to practice law, in courts held in the woods, in settlers' cabins and in log court- houses, were generally educated men, but after a few years men had grown up in the wilderness and began to enter the legal profession, they were called "woods lawyers," and were generally deficient in learning of the schools.
Their fees, too, would provoke a smile of derision on the face of the modern automobile attorney, when it is stated that the fees for making a complete and final administrator's report would be the munificent sum of one to three dollars. But be it remembered that officers' salaries were correspondingly low. The governor's salary was then $1,000 per annum ; judges of the circuit court, $700; ministers who received $300 a year were well paid, and Bayard R. Hall, president of the state seminary at Bloomington, received $250 per year. These early lawyers were poor but energetic, and often went on foot, wading streams or ferried across in canoes, and if able to own a horse, would always look out, in pur- chasing a horse to get one that was a good and fearless swimmer, in order to swim the rivers in high water.
It needs no word painter to present a picture of the toiling incidents to circuit practice in pioneer days. If we will but keep in mind the great distances they had to travel, the execrable condition of the roads, the swollen and bridgeless streams to cross, the dense forests through which to pass, often infested by wolves and other wild animals and wilder and more ferocious Indians, with no road but an Indian trail to guide the way, we may catch a glimpse of the trials, difficulties and hardships of the pioneer circuit rider. The pioneer lawyers may not have been so profound in theoretical law but they were none the less skillful in its practice. Their want of manuals begot in them a spirit of self-reliance and ingenuity that made them formidable as trial law- yers. They were dramatic. They never suffered their cases to drag, nor their juries to nod; but kept up the interest to the end. Their vic- tories were won or lost in short, sharp, dashing encounters and their courtrooms were always crowded with people in early days to listen to the sharp wit and humorous encounters of opposing counsel.
ANECDOTES AND INCIDENTS JUDGE SNORES IN COURT
Judge Gustavus A. Everets was holding court in the old seminary in 1836. He was a convivial man as well as some of the members of the Logansport bar, and did "sleep o' nights." One night his rest had
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been broken and the next day in court he fell asleep while John H. Bradley was addressing the jury. Everets began to snore, Bradley touched him and he awoke. Everets begged pardon, but soon slept and snored again. This scene was repeated, and finally he snored so loud that he startled the whole courtroom. Bradley felt insulted and appealed to the court. The court reprimanded Judge Everets, who on being told what he had done rose to apologize and said: "May it please the court, it was simply an involuntary burst of applause at the gentleman's elo- quence.'
JUDGE WHIPS A LAWYER
During the year 1859 when Samuel L. McFaddin was judge of the common pleas court, Lewis Chamberlain was trying a case, and Judge McFaddin ruled against him concerning the relevancy of a question, but Chamberlain persisted in asking the question and insisted on the witness answering it. McFaddin deliberately came down from the judge's bench and gave lawyer Chamberlain a trouncing. There was a great commotion in the courtroom, but Job Eldridge, who was then sheriff, interfered, not, however, until the judge had beaten the refrac- tory attorney into submission to his rulings. L. B. Custer was an eye witness to this incident and relates the same as an actual fact and not a court yarn.
A "HOSS" IN COURT
D. B. McConnell in his reminiscences relates a laughable incident that occurred in the court of Judge John W. Wright, when a well-known but corpulent man of the town, somewhat under the influence of "fire water," came into the courtroom during the trial of an important case, fell down on his rotund abdomen, emitting a loud grunt, attracting the attention of the entire court. Lifting himself up with great difficulty, he stared about the courtroom and exclaimed with an oath: "I'm a hoss." The judge turned to the sheriff, Wilson K. McElheny, and said : "Mr. Sheriff, take that horse down and lock him in the stable until his keeper is found, as we are not running a fat horse show."
ON THE WRONG SIDE
Lewis Chamberlain was a good pleader and a resourceful lawyer. It is related of him, that while making a very strong argument in a case in which he had been suddenly called, his partner pulled him by the coattail and whispered to him that he was on the wrong side. Having been made to understand that, he straightened up and said : 'The propo- sitions which I have just stated are the propositions, as the court will have observed, of the plaintiff. Representing the defendant, I will now proceed to show their utter fallacy," and did so with great power.
PRATT AND BIDDLE
Mr. Pratt was a very large man, while Mr. Biddle was small in stature. They were often pitted against each other and their encounters show great quickness. Their struggle in court often led to much bitter- ness and frequent quarrels.
"Why, I could swallow you," said Pratt, upon one occasion.
Biddle's quick reply, was: "If you did, you would have more law in your belly than you ever had in your head."
On another occasion, Biddle was incensed at Pratt's abuse and next day he carried with him a sword. Pratt again referred to Biddle in very
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uncomplimentary language and Biddle slapped him in the face with the flat of his sword, and the two men clinched, but Pratt's powerful frame soon stood over his antagonist's frail form in triumph, when the latter unsheathed his sword and was about to thrust it into Pratt's ponderous abdomen when the sheriff (Wilson McElheny) quickly inter- fered and separated the combatants. The judge, John U. Pettit, fined Biddle $1,000 for contempt of court, but the fine was never collected.
ROLL OF ATTORNEYS ADMITTED TO PRACTICE
Albert S. White, May 21, 1829; Andrew Ingram, May 21, 1829; Henry Cooper, May 21, 1829; Wm. W. Wick, November 19, 1829; Thos. J. Evans, November 19, 1829; Calvin Fletcher, November 19, 1829; Aaron Finch, November 19, 1829; David Patton, November 19, 1829; Benjamin Hurst, November 19, 1829; Geo. Lyon, April 26, 1830; Peter H. Patter- son, April 26, 1830; James Rariden, April 26, 1830; Edward Hannagan, April 26, 1830; Joseph Tatman, April 26, 1830; Thos. B. Brown, April 26, 1830; Wm. M. Jenness, April 26, 1830; David Wallace, April 26, 1830; Hiram Bell, April 25, 1831 ; J. B. Chapman, April 25, 1831; Henry Chase, April 25, 1831; Chas. W. Ewing, April 25, 1831; Wm. J. Brown, April 26, 1832; Peter J. Vandevier, April 23, 1832; Lazarus Miller, April 23, 1832; J. A. Liston, April 22, 1833; John W. Wright, April 22, 1833; Samuel C. Sample, February 17, 1834; John B. Niles, February 17, 1834; R. D. Skinner, February 20, 1834; James A. Maxwell, August 18, 1834; James W. Dunn, August 18, 1834; Dan. G. Garnley, August 18, 1834; John U. Pettit, February 3, 1835; Spier S. Tipton, February 3, 1835; Williamson Wright, August 10, 1835; Geo. W. Blakemore, August 10, 1835; Isaac Naylor, August 11, 1835; Michael O. Doherty, August 11, 1835; John Huber, February 8, 1836; John S. Patterson, February 8, 1836; Rufus A. Lockwood, August 8, 1836; Joseph J. Jernegan, August 8, 1836; James Denison, August 9, 1836; Daniel D. Pratt, August 9, 1836; Thos. Johnson, February 20, 1837; Wm. H. Coombs, February 20, 1837; Wm. Z. Stuart, February 20, 1837; P. A. Cowdry, August 21, 1837; Zebulon Beard, February 20, 1838; Nathaniel Niles, February 23, 1838; Horatio J. Harris, August 21, 1838; Hiram Allen, August 21, 1838; R. J. Dawer, August 21, 1838; John F. Dodds, August 28, 1838; Wm. S. Palmer, August 29, 1839 ; Lucien P. Ferry, May 14, 1840; Horace P. Biddle, May 14, 1840; John B. Dillon, May 18, 1840; Albert L. Holmes, May 20, 1840; John M. Wilson, May 20, 1840; Chas. B. Lasselle, May 2, 1840; John Bush, May 24, 1841 ; 'Jaques M. Lasselle, September . 1, 1841; James W. Ryland, February 21, 1842; Thos. J. Mccullough, March 2, 1843; Hiram W. Chase, August 23, 1844; Thos. Alex Weakley, August 23, 1844; Chas. D. Murray, December 19, 1844; Benj. W. Peters, August 18, 1845; Baxter, February 11, 1846; Elijah Odell, May 1, 1848; L. Chamberlain, February 17, 1851; Wm. Brown, February 17, 1851; S. L. McFaddin, May 10, 1852; Wm. C. Wilson, May 17, 1852; Stephen C. Tabers, November 9, 1852; Edwin Walker, November 11, 1852; Sidney Baldwin, November 11, 1852; Henry Swift, November 11, 1852; Wm. J. Cullen, April 15, 1853; Wm. P. Koontz, April 16, 1853; Wm. H. Lytl, October 4, 1853; Isaac I. Parker, October 6, 1853; Joseph Sellers, April 17, 1854; Isaac DeLong, October 17, 1854; D. D. Dykeman, February 5, 1855; Orris Blake, April 17, 1855; W. W. Haney, May 13, 1856; T. B. Helm, August 16, 1856; Geo. Gard- ner, October 30, 1856; Lewis Wallace, April 21, 1857 ; James W. Eldridge, May 6, 1857; John M. LaRue, May 6, 1857; John R. Flynn October 22, 1857; Harvey J. Shirk, November 3, 1857; Richard P. DeHart, April 21, 1858; Dudley H. Chase, October 20, 1858; D. B. Anderson, November 5,
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