History of Dekalb County, Indiana, with biographical sketches of representative citizens and genealogical records of old families, Part 23

Author: B.F. Bowen & Co., Pub
Publication date: 1914
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1182

USA > Indiana > DeKalb County > History of Dekalb County, Indiana, with biographical sketches of representative citizens and genealogical records of old families > Part 23

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Upon the completion of the organization of the Medical Society of De- Kalb County, as an auxiliary of the Indiana State Medical Society, fifteen doctors were present and signed the constitution and by-laws. This meeting convened at the office of Dr. W. P. Carpenter in the city of Butler on July 27, 1882, following a meeting at the office of Dr. J. A. Cowen in the city of Auburn a few days before for making temporary arrangements for the organization. Out of the fifteen who signed the by-laws at that meeting, there are only two living at this date. There have been, since the organization of this society, in 1882, many doctors located in DeKalb county, who for some reason, best known to themselves, have not affiliated with the medical society.

As a rule these doctors not affiliating have been transient or have failed to recognize the educational features of the society for the advancement of professional knowledge.

The following named doctors have affiliated with the organization of the medical society since its beginning, and the society keenly feels the loss by death of many of these benefactors and their wise counsel : J. S. Barnett, J. J. Littlefield, J. B. Bennett, W. H. Madden, B. S. Sheffer, A. A. Ward, J. S. Kenestrick, C. E. Nusbaum, J. S. Yount,, D. M. Hines, S. M. Sherman, J. V. Lewis, V. Anderson, L. A. Hines, U. G. Souger, M. E. Clingler, A. A. Kramer, W. P. Carpenter, W. K. Mitchell, J. B. Casebeer, S. H. Snyder, T. C. Sargent, James N. Chamberlain, Mrs. L. A. P. Leasure, W. F. Shumaker, P. S. Kaadt, Frank Bevier, J. H. Ford, G. E. Emanuel, F. M. Hines, J. C. Baxter, W. W. Swartz, Frank Brown, W. K. Schlusser, J. A. Cowan, D. J. Swartz, F. W. Fanning, Mrs. Vesta M. Swartz, V. A. Humphrey, U. J. Ward, M. M. Bowen, N. J. Shook, J. O. Buchtel, J. A. Stough, A. Byron Darby, Frank Broughton, N. L. Hines, J. A: Clevenger, A. V. Hines, J. C. Emma, E. L. Fosdick, D. A. Sebring, A. S. Farrington, J. J. Wilkinson, R. Elson, H. W. Bowman, Charles S. Stewart, Z. H. Stamets, L. U. Geisinger, G. T. Mathena, J. T. Dunn, J. B. Adams, J. E. Showalter, W. H. Nusbaum, F. A. King, J. W. Thomson.

The number of physicians now in practice in DeKalb county totals thirty-nine and are located as follows: In the city of Butler, five; Newville, one; St. Joe, three; Spencerville, two; Waterloo, five; Auburn, twelve; Gar- rett, seven; Corunna, two; Ashley, two.

These men now engaged in practice have the confidence of the com- munities in which they live, are intelligent and aspiring, keeping in the front rank with the most skillful in the state.

(16)

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In conclusion, I am sure it will gladden the heart of every reader, whether doctor or layman, when I tell you that a more glorious epoch is at hand. Its dawning light will guide the medical profession into the unerring paths of scientific sanitation; and the doctor will be employed to prevent disease instead of being employed to cure disease; which, at best, with all the profoundest skill that is, or will be, leaves the sufferer with physical loss which cannot be regained. When the doctor succeeds in preventing disease the millennium for the medical profession has come. It is in sight. The light will soon disperse all doubt. Then the doctor's regrets and sorrows from sympathies for the afflicted, blasted hopes through failures, and tears of sympathy shed when alone in his sanctum for the bereaved, will all disappear; and, instead, he will realize the pleasure of triumph, joy instead of sadness, hopes realized instead of failure, and smiles in place of tears. I know I voice the hopes of the profession, here and elsewhere, that unfailing science may direct us, and lead us into the light of truth, that we may more bountifully bless mankind, and restore man from his dwarfed and weakened condition, to the strong and beautiful creature that God created as the crowning glory of His omnipotent power.

CHAPTER XI.

THE BENCH AND BAR.

(By John W. Baxter.)

PROBATE COURT.

When DeKalb county was organized, the law provided for a probate court, to be known as the Probate Court of DeKalb County. Such court had "original and exclusive jurisdiction in all matters relating to the probate of wills and testaments, granting of letters testamentary, and letters of adminis- tration, and of guardianship-the settlement and distribution of decedents' estates, the examination and allowance of the accounts of executors, adminis- trators and guardians," and also "concurrent jurisdiction in all suits at law, or in equity upon all demands or causes of action in favor of or against heirs, executors, administrators, or guardians, and their securities, and representa- tives when the amount in controversy shall exceed fifty dollars, and in parti- tion of real estate ; and the assignment of the widow's dower; and the appoint- ment of a commissioner to make deed on title bond given by deceased obligor ; and to authorize the guardian to sell and convey the real estate of his ward in certain cases." The judge of the probate court was elected by the voters of the county and commissioned by the governor of the state to serve for a term of seven years, and until his successor may be chosen and qualified, if the same shall so long behave well. The clerk of the circuit court and the sheriff of the county served the probate court as clerk and sheriff respectively, and the judge was authorized to call to his aid a jury for the trial of proper cases.

The law provided that "no person shall be either elected, commissioned or appointed such judge of the probate court until he shall first have obtained a certificate from some one of the judges of the supreme court, or some one of the president judges of the circuit courts, that he is qualified to discharge the duties appertaining to said office of probate judge-provided, that such judge of the supreme or circuit court in the examination hereby authorized,

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shall have due regard for the legal qualifications of such person; and pro- vided also, that nothing in this section contained shall be construed so as to require any judge of said probate court to be a professional character."

COMMON PLEAS COURT.

The court was abolished by the Legislature in 1852, and its jurisdiction transferred to the court of common pleas, then established. Lott B. Herrick and John C. Wood at different times were elected and presided as judges of the common pleas court of DeKalb county. The court of common pleas was established by the Legislature of 1852, and our district was composed of the counties of Lagrange, Steuben, DeKalb, Noble and Whitley. At the Octo- ber election of that year John Morris was chosen judge of the common pleas court for the district, for the term of four years, when Egbert B. Mott was elected as his successor, and served for one term. These judges were both pioneer lawyers of DeKalb county, and brought to the bench rich learning in the law, and high ideals of honor and the business of the court and of the bar. Afterward, William M. Clapp, of Albion, Noble county, was elected judge of this court, and so continued until the court was abolished by the Legislature of 1873. Its business and jurisdiction were transferred to the cir- cuit court.

JUSTICES OF THE PEACE.

The justices of the peace have had limited jurisdiction in both civil and criminal cases since the organization of the state and county. Their juris- diction in civil cases is confined to the township of their residence, but in criminal cases it is coextensive with the county. The justices of the peace generally have not been versed in the law, and often their educational qualities have been very limited, although DeKalb county has had many of these justices who have been endowed with fine qualities of judgment, and who rarely departed far from right conclusions upon cases brought before them. Of these the writer is reminded of George Beard, an early justice of Frank- lin township; George Barney, a pioneer justice of Concord township; George W. Maxwell, who served as a justice first in Wilmington township and after- ward in Richland. Also Cyrus C. Walter, who acceptably served for many years as justice of the peace in Auburn. These worthy squires, by their wise counsel, assisted in settling many annoying disputes to the advantage of both parties without suit, and when a cause could not be adjusted except by a suit,

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they fearlessly gave decision as justice and law required, and their judgments were rarely overturned by appeal.

CIRCUIT COURT.

The circuit court has been court of general, civil and criminal jurisdic- tion since the organization of this state, and since the common pleas court was abolished in 1873. The circuit court has also had exclusive jurisdiction . in guardianships and the settlement of the estates of deceased persons.

In the early days of Indiana, when the settlements were small and scat- tered, there were many counties grouped together in one judicial circuit, and the judge of the circuit rode from one county to another in the judicial cir- cuit, accompanied by the lawyers, and held court in each county seat, until the business was disposed of, and as the inhabitants and wealth of the counties increased, bringing an increase in the business of the courts, the number of circuits was increased, so that fewer counties were included in each circuit, until at this time each of the larger counties of the state comprises a judicial district. DeKalb county has never attained to this distinction, but has al- ways been included with another county or counties in the formation of the judicial circuit. By the act of 1873 the thirty-fifth judicial circuit was made to consist of Noble, DeKalb and Steuben counties, and in 1889 the circuit was again changed, and since has been composed of DeKalb and Steuben counties.

DeKalb county has not always been especially fortunate in the judges of its circuit court, but generally the bench of the court has been occupied by able and honest lawyers, and some of the most distinguished jurists of our state have presided as the regular judges of this court. Until the adoption of the state constitution of 1852 the circuit court consisted of a president judge of the circuit, who went from county to county with two associate judges elected in the county. The president judge could alone hold the court in the absence of the associate judges, or with either of them, if the other was absent, and in the absence of the president judge the two associate judges could hold the court, except in capital cases and cases in chancery.

CIRCUIT COURT JUDGES.

The following named president judges occupied the bench of the DeKalb circuit court : Charles Ewing, E. A. McMahon and J. W. Wright. The asso- ciate judges were: Ariel Walden, Thomas L. Yates, Samuel Widney, Nelson

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Payne, Robert Work, David Martin, Abraham Cope and G. C. Mudgett. Since 1852 the following named men have presided as judge of this court: E. R. Wilson, then living at Bluffton; James Borden, then living at Fort Wayne; Reuben J. Dawson, then living at Spencerville; Robert Lowery, then of Goshen, but afterward removed to Fort Wayne, where for many years he presided as judge of the Allen superior court with marked ability, from which he retired to represent this district in the congress of the United States. · Hiram S. Tousley, a lawyer of Albion, a kind and able judge, occupied the bench of this court both before and after his service as a soldier in the war of 1861. Others were: James I. Best, then living at Waterloo, who made an excellent judge, but he resigned to return to the bar, where he always en- joyed an extensive practice, and where he was justly rated as one of the best of trial lawyers and an honorable antagonist; Joseph A. Woodhull, of An- gola, was appointed to fill the vacancy caused by Judge Best's resignation, and presided acceptably until the next election, when Hiram S. Tousley was elected for the second time, but his health failed and he died in office, and Charles A. McClellan, of Waterloo, was appointed and presided for about one year, until the next election, when R. Wes McBride, then of Waterloo, was elected and made an excellent judge for the term of six years. He afterward removed to Elkhart, where he practiced law for a short time before he be- came a judge of the supreme court of the state. He is now located at In- dianapolis, where he enjoys a large practice, largely in the supreme and ap- pellate courts. Stephen A. Powers, of Angola, was the next judge for a full term. William L. Penfield, of Auburn, was then elected, but resigned during his term, to accept a position as solicitor in the department of state at Wash- ington, D. C. Frank S. Roby, then of Auburn, was appointed to fill the vacancy caused by the resignation of Judge Penfield, and made a good judge until the next election, when Ezra D. Hartman, a good lawyer and a good man, was chosen, but diseases resulting from his army services had broken his health, and he died while in office, and James H. Rose, a capable young lawyer of Auburn, was appointed and made an excellent judge until the next election. Emmet A. Bratton, of Angola, was then chosen, and served for a full term of six years as a most painstaking and conscientious judge. Frank M. Powers, of Angola, was elected to this office in November, 1910, and is still the judge of this court, and is engaging in the discharge of his duties with the same quiet business habits and thorough knowledge of the law which made him a successful lawyer. The business of the court has been badly interfered with by the loss of most of its records in a fire, which on Feb- ruary 8, 1913, destroyed the building in which the court was held.

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EARLY LAWYERS.

The list of the lawyers of DeKalb county contains the names of many men who have ranked high at the bar and on the bench of this state. With- out presuming to give an altogether complete list, the following are re- membered by the writer, as the men who have practiced law while living in this county : Egbert B. Mott, of Auburn, also judge of common pleas court; Timothy R. Dickinson, of Auburn, afterward of Waterloo; John Morris, of Auburn, afterward of Fort Wayne, judge of common pleas court, and after- ward supreme court commissioner, a fine lawyer, a great scholar and always a gentleman ; Reuben J. Dawson, of Spencerville, judge of circuit court; Abner F. Pinchin, of Hamilton, then at Butler, was district attorney in early days. All of the above named are deceased. William H. Dills, of Auburn, deceased; James B. Morrison, of Auburn, removed west; Guy Plum, of Auburn, de- ceased; James I. Best, of Waterloo, also judge of circuit court, and supreme court commissioner; Charles A. O. McClellan, of Waterloo and Auburn, judge of circuit court, and representative in congress, deceased; Lewis J. Blair, of Waterloo, deceased; James E. Rose, of Auburn, deceased; Edward W. Fosdick, of Butler, deceased; Joseph L. Morelan, of Waterloo, deceased; R. Wes McBride, of Waterloo, judge of circuit court and of supreme court, now at Indianapolis; Ezra D. Hartman, of Auburn, also judge of circuit court, deceased; Charles E. Emanuel, of Auburn, deceased; Price D. West, of Auburn, deceased; William L. Penfield, deceased; James M. Sommers, of Waterloo, deceased; Frank S. Roby, of Waterloo and Auburn, now of In- dianapolis ; William T. Bope, of Butler, now at Bad Axe, Michigan; Andrew J. Baxter, of Butler, deceased; Frank C. Baxter, of Auburn, deceased; Ed- ward B. Dunton, of Butler, now in Mississippi; Daniel Y. Husselman, of Waterloo and Auburn, deceased; Hubert E. Hartman, of Auburn, now in Detroit; James H. Rose, of Auburn, now at Fort Wayne; Walter Penfield, now in Washington, D. C.

THE PRESENT BAR.

The active members of the DeKalb county bar at this time are as fol- lows: Daniel D. Moody, 1869; Publius V. Hoffman, 1872; John W. Baxter, 1875; James H. Rose, 1889; Willis Rhoads, 1894; James E. Pomeroy, 1895; Daniel M. Link, 1894; C. M. Brown, 1892; Charles S. Smith, 1899; Charles O. Borst, 1895; E. W. Atkinson, 1913; L. B. Gatten, 1911 ; J. Glenn Miller, 1909; Winthrop W. Ketcham, 1913; Frederick O. Shearer, 1913.

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These attorneys are in Auburn. In Waterloo are: William H. Leas, 1847; Cyrus M. Phillips, 1875; George W. Crooks, 1897; Henry J. Spackey, 1904. In Garrett are: Lewis J. Gengler, 1890; Edward M. McKennan, 1895; Willard W. Sharpless, 1891; Howard W. Mountz,, 1895; J. D. Brinkerhoff, 1902. In Butler are : Cassius J. Coats, 1877; Frank A. Brink, 1878; William P. Endicott, 1910; Forest H. Ritter, 1910.

CHAPTER XII.

POLITICAL HISTORY.

The political history of DeKalb county is, in many respects, similar to that of the other counties in the state of Indiana. In fact, politics is a sub- ject that permits of various and equally truthful viewpoints. Graft, injustice and favoritism are, of course, present wherever men are chosen by popular vote to fill official positions; but, on the other hand, there are more clean elections and proper campaign tactics in force than a public is allowed to believe. The newspaper is the means of communication to the people, but upon reading two different papers, two theories, apparently each tenable, are learned. However, this is not the purpose of history, and in the discussion of DeKalb county politics, no recourse will be made to the party issues and the attitude of the voters and newspapers; an effort will simply be made to tell the facts, results and the general character of the county during the campaign times ; also a complete list of the officers chosen in the county from the date of organization until the present year.

FIRST ELECTIONS.

The first election after the organization of the county of De- Kalb was held on August 6, 1838, and resulted in the choice of Luther Keep for commissioner, Wesley Park for sheriff, Lott Herrick for school commis- sioner, and Robert Work for coroner. These men had very little opposition. In addition, a representative was voted for, and David B. Herriman was chosen with a majority of fourteen. Peter Fair, A. F. Beecher and Samuel Widney were chosen commissioners in 1837, but the county could hardly be said to have been organized at that date.

The first presidential election in which the county participated was the one of 1840, when Harrison and Van Buren were the candidates for President. Glowing descriptions have been given of the "hard cider" campaign of that year, and the glorious and enthusiastic rallies where the slogan of "Tippecanoe and Tyler too" was sung by marching crowds. Harri-

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son was successful in the county, for of the three hundred and thirty-four votes cast, he received a majority of ten; thus the Whigs were strongest in DeKalb.

Four years later, during the memorable campagin of 1844, the Whigs had as their candidate Henry Clay, of Kentucky, and his chances were re- garded as very favorable. However, a compromising letter penned by this son of the "dark and bloody ground country" just before election caused his chances to decrease, and when election came the Free-Soilers, with James K. Polk at the helm, were victorious. Polk's plurality in the state of New York was but five thousand. It is interesting to note the "ifs" of this result-thus, had one-third of the votes given to James G. Birney in that state been given to Clay, the whole course of history would have been changed; New York would have given a majority to the Whig party, Clay would have been named President, and the annexation of Texas defeated, and the Mexican war of 1849 would, in all probability, never have occurred. The total vote of this election was over twice that cast during the campaign of 1844.

In 1848 the Democrats nominated Cass and Butler, the Whigs Taylor and Fillmore, and the Free-Soil men, Van Buren and Adams. DeKalb county tavored Cass in this election.

The election of 1852 came just after the famous compromises of 1850, and before the renewal of the agitation over slavery, caused by Kansas- Nebraska troubles. Both Whigs and Democrats adopted platforms in favor of the 1850 compromises, but General Scott, the Whig candidate, was not trusted by either the friends or enemies of slavery restriction. The result was that he carried only the states of Massachusetts, Vermont, Kentucky and Ten- nessee, while Gen. Franklin Pierce, of the Democrats, carried twenty- seven states. DeKalb county gave Pierce a majority of her votes.

In 1852 a new state constitution was adopted, fixing the general annual election in the month of October. Previously, it had been held in August. The Whig party expired with the disastrous defeat of 1852, and the Republi- can party rose and nominated John C. Fremont for President. James Bu- chanan was the Democratic choice, and Millard Fillmore headed the Ameri- can party. Buchanan was elected. He received the largest number of votes in DeKalb, with Fremont second.

ELECTION OF 1860.

The presidential election of the year 1860 was easily the most import- ant of the government until that time, and afterward until the present. A

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big issue was existent, and the country was divided as it never was nor probably ever will be. The Republican party, representing the North and Union, nominated Abraham Lincoln for the presidency; the Democratic party, for the South and slavery, chose John C. Breckenridge. The regular Democratic party, other than the Democratic party of the South, nominated Stephen A. Douglas, who advocated popular sovereignty, a middle ground. A fourth party, designated the Union party, named John Bell as candidate, but the party was of little importance in the campaign, as it had very indefi- nite views. By running Breckenridge, the South threw the presidency to Lincoln, when it might have supported Douglas as a whole, and won.

DeKalb county gave Lincoln a plurality of one hundred and one, and a majority of seventy-five. Breckenridge received but two votes. The town- ships in favor of Lincoln were: Butler, Concord, Newville, Stafford, Wil- mington, Union, Franklin and Troy. Jackson, Richland, Fairfield and Smith- field gave Douglas the majority.

The one-sided vote in DeKalb county does not represent the general spirit that prevailed here during those stirring times. The county was a hotbed, and political enthusiasm reached a high point. Meetings where in- flamed oratory abounded were numerous, and rallies, processions, and barrel- head speakers proclaimed the excitement of the people. There were many "butternuts" in DeKalb county, but upon becoming too obstreperous they were promptly, sometimes with coercive measures, man-handling, forced into silence.

LATER ELECTIONS.

The Republicans drew a great deal of strength from the election of 1860, and afterward bore out this prosperity with repeated successes. In 1868 U. S. Grant received a majority of twenty-four in DeKalb county, out of a total vote of three thousand four hundred and seventy-six. In 1872 Grant was again nominated by the Republican party, and the new division, the Liberal Republicans, nominated Horace Greeley. Grant was again victorious. The following paragraph, written in the Auburn Courier after the election, is interesting :

"From a careful glance over the late battlefield, the probabilities are that we have met the enemy and they have somewhat gobbled us in. That's noth- ing. Twelve years' experience has taught us that Salt River is a navigable stream. The air at its headwaters is pure, but not so very 'healthy.' The country is inhabited by white men exclusively, and although many of these

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are barefooted they submit with Christian fortitude. There is not a postoffice in the neighborhood. National banks are as scarce as hen teeth, and there is not a very large number of brigadier-generals in the country. A few army contractors are there, but they are as poor today as they were ten years ago. Our boat on this occasion started from the Ohio river and was propelled by Kentucky darkies. When we shall leave the country is not yet determined. It is only a question of time. We shall return to plague our enemies who have contributed so freely to send us 'up the river.'"

And again :

"We have a mournful pleasure, or a pleasing mournfulness, we don't know which, to perform. Greeley, you know Greeley. He was for Presi- dent. Now he ain't. Well, Greeley, he wore a-running for an orfice, and Grant, being on horseback, beat him. You see there was a hole, or a chasm, as H. G. called it, in the way, and he thought it was nothing, that he could reach across it just as easy as falling off a log. But he reckoned without a host (of voters). When U. S. came to it, he jumped it with his horse, but Uncle Horace, in attempting to shake with a fellow on the side, fell in, and that was the end on him. The main reason why H. G. was not elected was that he could not get enough states. If Grant hadn't been round, Greeley would have been ahead, as he beat O'Conor in every state. There was another reason, the hor (ac)se disease was bad in New York, and it kept spreading until it was everywhere. Whenever a thing spreads, then you may know it gets thin, and thus you may account for H. G.'s vote. We'll be opposed hereafter to having elections, when such things are around."

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History of Dekalb County, Indiana, with biographical sketches of representative citizens and genealogical records of old families, Part 23

Author: B.F. Bowen & Co., Pub Publication date: 1914 Publisher: Indianapolis : B.F. Bowen Number of Pages: 1182

Author: B.F. Bowen & Co., Pub
Publication date: 1914
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1182