USA > Indiana > Fayette County > History of Fayette County, Indiana: containing a history of the townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies, etc., etc. > Part 9
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LOOATING THE COUNTY SEAT.
Section 3 of the act of the General Assembly creating the county, made provision for its seat of justice and appointed William Bradley, of the County of Switzerland; Jaines Dill and John Watts, of Dearborn County; Williamson Dunn, of Jefferson County, and John F. Boss, of Clark County, Com- missioners, for the purpose of locating the same. They were to convene at the house of John McCormac, in Fayette County, on the third Monday of February, 1819. These five Commissioners assembled at the house designated, February 16, 1819, but adjourned without accomplishing the object in view, however. On the day following they again convened and "pro-
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HISTORY OF FAYETTE COUNTY.
ceeded to fix and establish the permanent seat of jus- tice in and for Fayette County, to be in the public square laid off and recorded by Joshua Harlan, in the town of Connersville, county of Fayette and State of Indiana, on the northwest quarter of Section 25, in Township 14, Range 12 east of second meridian, in the district of lands offered for sale at Cincinnati. Said square is bounded on the northeast by Monroe Street, and on the southwest by Market Street, as laid off and recorded by John Conner and Joshua Harlan, and as by the plat of said town. Permanent seat of justice declared as above, and fixed, February 17, 1819."
COUNTY BUILDINGS.
First Jail .- At a special meeting of the Board of Commissioners, held March 6, 1819, it was ordered that "there shall be a jail built and erected on the public square on which the seat of justice is estab- lished, in the town of Connersville, in and for the county of Fayette, and on the west side of an alley running through said public square, nearly in a north and south direction, at or next to where the schoolhouse now stands; which said jail shall be built on the following plan: to be built with logs thirty feet long by sixteen, hewn to a square twelve inches thick; two partition walls of logs of the same size; floor and loft to be laid of logs of the same size aforesaid, the middle room to be twelve feet in the elear, the other two rooms seven feet each in the clear; the logs out of which said jail is to be built to be of good sound oak, cherry, red elm, honey locust, or ash timber; the logs, when said jail is raised, to be let in by a half dove-tail in such a man- ner as to let the logs as'near together as they conven- iently can be; the upper and lower floor to be laid 80 as the timbers will touch from end to end; to be under-framed with good stone, one foot under ground and one foot above the surface of the ground; each room of said jail to be ceiled inside except the under part of the upper floor, with oak plank an inch and a half in thickness, well seasoned, and not to exceed twelve inches in width, and to be well spiked with iron spikes at least four inches in length and not less than eleven to each plank; said jail to be at least nine feet between the floors, and one round of logs above the upper floor, as before mentioned, on which upper round of logs the rafters shall so far be pro- jected as to give an eave twelve inches clear of the wall; said jail to be covered with poplar joint shin- gles not exceeding eighteen inches in length; two outside doors and one on the inside, the doors to be made out of oak plank, one inch and a half in thick- ness, well doubled and spiked with spikes at least four inches in length, to be placed not to exceed four inches apart and clinched in the inside of each door;
each door to be two feet in width, two iron bars to be fixed to each outside door, which bars to be one- half inch by two inches, one end of each bar to be fastened to the logs on each side of the door by a staple, and the other end to be locked to a staple on the opposite side of the door; one window to be in each room, twelve inches by eighteen in size, iron grates, of an inch and a quarter in size, fixed in each window, two inches apart, said grates to be well plastered in at least three inches on the upper and lower part of each of said windows; said jail doors to be well hung with good and sufficient strap hinges; the whole of the work on said jail to be done in a workmanlike manner.
" The building of this jail is to be set up and offered at public sale and outcry to the lowest bidder at the public square in the town of Connersville on the 13th day of this instant *
* to be completed by the first day of September next at the exponse of the county." The Sheriff was to attend to the selling of it. The contract was let to Jonathan John and the building was completed within the time specified. The jail was examined and accepted by the Commissioners in August, 1819, and the contrac- tors allowed $764 for its construction.
First Court House .- In November, 1819, the Commissioners agreed upon a plan for a court house. The building was to be constructed of brick, and to be forty feet square and two stories high-the first story eighteen feet high, the second fourteen feet high. The front half of the lower floor was to be constructed of brick, and the other half of oak or ash plank, one inch and a quarter thick, and not more than eight inches in width. The second floor was to be laid with oak or ash plank of the same description as the rear half of the lower floor. In the first story there were to be three windows in each side and end, except in front, where in the center of the building there were to be folding doors, with a window on either side. The windows were each to have twenty- four lights, 8x10 inches in size, and the window which was to be immediately behind the Judge's bench was to be two and one-half feet higher than the other windows. On each side of the second story there were to be three windows of the same size and description as those given above. There were to be two fire-places below in the southwest and northwest corners of the building, and three fire. places in the second story. Two girders (14x12 feet) were to extend through the center of the house (one above and one below) from side to side, equi-distant from either side of the house, each to be supported by two columns, which were to be well turned and round, and thirteen inches in diameter at the bottom, and proportionally small at the top. The roof was
-
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HISTORY OF FAYETTE COUNTY.
to bo pitched from each side to the center, from whence was to be raised a cupola, eight feet in diam- eter, and thirty-two feet in hoight from its pedestal; from the top of the cupola was to extend a spire ten feet high. A handsomely gilded ball fifteen inches in diameter, and a neat vane were to ornament the spire; above the vane was to be extended across the spire a bar with a gilt ball on each side, and a neat cap was to be placed on the top of the spire.
Returning to the interior of the building, we mention that through the center of the house on the ground floor, and along the edge of the wooden floor, was to be a hand rail and banisters, and immediately under the middle window in the rear side of the house was to be raised a bench, for the Judges of the court, two and one-half feet from the floor -the bench to be banistered, and the stairway to ascend thereto was also to be banistered. This room was to be provided with jury boxes, a criminal box and other requisites. On the second floor there was to be a partition across the house from north to south, the west portion of which was to be divided into two rooms, and the east half of that floor was also to be divided by a parti- tion. The walls were to be painted and penciled, the roof painted Spanish brown color, the cupola white, and the whole of the interior of the building of the latter color, excepting the Judge's bench, jury boxes and banisters, which were to be painted blue. The contract for the erection of the building was to be sold by the Sheriff, on the last Saturday in Novem- ber, 1819. It appears that this contractor was Jona- than John, as the building was accepted by the Com- missioners from him in August, 1822, and the total amount paid him was $1,262.50.
This building was one among the early brick structures of Fayette County. It stood on the center front of the public square fronting to the east, and was the court house of the county for nearly thirty years.
First Clerk and Recorder's Office. - In September, 1825, the Board of Justices of the Peace authorized Jonathan McCarty to erect a building for the offices of the Clerk and Recorder. We fail to find anything of record showing to whom the contract was let, or when the house was constructed; however, in March, 1827, Mr. McCarty was allowed the sum of $220.40} for having erected such building-so much of it as was then completed. We are informed that the build- ing stood on the northwest corner' of the public square and had but two compartments, and that the amount above named would have erected such a struct- ure, so it is quite likely that the house was about completed when that sum was allowed. It was con- structed of wood.
Second Clerk and Recorder's Office .- This was a one-story brick building, 36x20 feet, and stood on
the southeast corner of the public square. It had two rooms and was constructed by Sherman Scofield. Gabriel Ginn was appointed by the Commissioners, at the May meeting, 1833, to superintend the erection of the building.
Second Jail .- The question of a new county prison seems to have boen agitated in the spring of 1834, for in May of that year the Commissioners offered a prize of $10 to the one who would furnish the best model for jail of three rooms. John Sample, Jr., was awarded the prize, and one of Fayette County's distinguished citizens-the Hon. Samuel W. Parker -was allowed $3 for "getting the model." At the fall term of the Circuit Court the Judges recommend- ed the refitting of the old jail after a plan submitted by Elijah Corbin. However, this was not done, for in November, 1834, Gabriel Ginn and George Fry- barger were appointed agents to superintend the build- ing of a county jail, and to enter into a contract with Philip Mason after the model for a jail heretofore submitted by Philip Mason.
The building was constructed of brick, was a story and a half high, having three apartments, two below and one above. It stood on the south side of the public square, and was erected at a cost of $800. This was the county prison until 1849.
Second Court House, First Jailer's Residence and Third Jail .- This, the present court house, was completed as a court house, jailer's residence and jail, and received by the Commissioners November 12, 1849. In June, 1847, the Commissioners of the county entered into an agreement with John Elder, of Marion County, Ind., for the construction of the building, which was to be completed on or before Oc- tober, 1849, in consideration for which they were to pay Mr. Elder $20,000. The "Indiana Gazetteer " published the year that the building was completed thus speaks of it: "It is one of the most spacious, convenient, and substantial buildings of its kind in the State, -all the county offices are located on the first floor, in good sized office rooms. In connection with each office are ample fire-proof rooms for the security of their books and papers. The court room, jurors' rooms (of which there are four) are all on the upper story. In the rear of the center building there is attached a wing two stories high, which are con- structed six dormitories, or cells, for prisoners. The prisoners can be taken to and from the court from a rear passage by a door entering immediately into the court room."
The building is constructed of brick and stands on the public square facing the east. In 1881 im- provements to the extent of about $8,000 were made upon the interior of the building; the jail was taken out and the space converted into rooms for the use of
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HISTORY OF FAYETTE COUNTY.
the county; alterations were made in the court-room, with other minor changes in the building.
The following facts concerning the public square and county buildings that have been located thereon may be of interest to some:
The old locust trees that stood in the court house yard and about the public square, and which for near- ly a half century beautified the grounds and furnished in the heated season refreshing shade, were planted in the spring of 1835. Their removal took place in De- cember, 1SS1.
In January, 1849, the old court house, Clerk and Recorder's office (second) and the old jail were sold by the Commissioners. The court house and jail were purchased by A. B. Conwell for $575; and the other building by Sherman Scofield for $96.
The bell that was suspended in the old court house was sold to the Presbyterian Church for $117.
In June. 1849, Henry Goodlauder and John El- der were appointed a committee to purchase a bell and clock for the new court house, and for that pur- pose there was appropriated $600.
Fourth Jail and Sheriff's Residence .- This beauti- ful two-story brick building with highly ornamented stone trimmings is located on Fourth Street, opposite the court house, and faces the north. The rear of the building forms the jail, which with the basement or cellar is three stories high; underground is the dun- geon, consisting of a cell about ten feet square. On the ground floor is one apartment, in size about 36x31feet, and contains four cells; above are locat- ed six cells, two of which are for females. The con- tract for the construction of this building was awarded to J. W. Perkinson, of Indianapolis, May 3, 1SS0, for $14,900. The architect was E. J. Hodson. The house was completed and occupied in the spring of 1881.
Poor Asylum .- Until 1836 the paupers in Fay- ette, Union and Franklin Counties were under the charge of township officers, who let the contract for the maintenance of the unfortunate poor to the low- est responsible bidder. On the 26th of December, 1834, the Commissioners of the three counties named met at Fairfield, in Franklin County, for the purpose of jointly erecting an asylum for the poor of the three counties. Subsequently a farm located in Jackson Township, Fayette County, was purchased of Thomas
Clark, and the Commissioners met thereon, August 10, 1835, and agreed "to build an asylum, to be in readi- ness by the first Monday in May next (1836)." The building was to be of brick. It was completedfand the farm let to the highest bidder.
May 9, 1836, Isaac Gardner, of Union County, was chosen as Superintendent of the institution at a salary of $500 a year. The first Board of Directors were Joseph D. Thompson, Martin Williams and Zachariah Ferguson. The paupers of Fayette Coun- ty were ordered removed from the several townships to the asylum in May, 1836. The total expense of keeping up the asylum for the year 1836, and up to February 9, 1837, was $1,709.411. From February 9, 1837, to March 6, 1838, the total expense of the asylum was $1,040.154, of which amount Fayette County's apportionment was $349.034. Among the early Superintendents of the asylum while controlled by the three counties, and in the order given, were Isaac Gardner, William Riggsby and William Barn- ard, each serving several yoars.
In June, 1856, the Commissioners of Union Coun- ty purchased the interest in the farm "of the coun- ties of Fayette and Franklin for the consideration of $3,210.66 and $3,696.52 to those counties respect- ively, their paupers to be removed on or before March 10, 1S57.
In September, 1856, the Commissioners of Fay- ette County having purchased a portion of the pres- ent infirmary farm, contracted with Sherman Scofield for the erection of a poor-house building thereon, for $7,000, to be done on or before June, 1857. The present large and commodious two-story brick struct- ure was received from Mr. Scofield in August, 1857. Several tracts of land have since been added to the farm, which lies on the ridge northwest of the city and commands a most beautiful view, until it now comprises 173 acres of land. On either side of the main building is a large wing and beneath a spacious basement or cellar.
The total expense of keeping up the institution from March 1, 185S, to March 1, 1859, was $996.99. The first Superintendent of the asylum of Fayette County was William Custer. His successor was Peter Reed, since which the Superintendents have been as follows: William Custer, P. A. Morse, Jacob Ridge and John B. Salyer, the present incumbent.
Josiah Pper
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HISTORY OF FAYETTE COUNTY.
CHAPTER VII.
THE COURTS AND CIVIL LIST.
CIRCUIT COURT-TIIE BRADBURN TRIAL-PROBATE COURT-COURT OF COMMON PLEAS-ASSOCIATE JUDGES-
PROBATE JUDGES-SHERIFFS-CLERKS OF THE COURTS-RECORDERS-AUDITORS-TREASURERS-JUSTICES OF THE PEACE-COUNTY GOVERNMENT AND EARLY PROCEEDINGS-COUNTY COMMISSIONERS.
THE history of Fayette County as a civil division bogan January 1, 1819.
The first term of the Circuit Court was held in Connersville, beginning May 3, 1819. Present, John Watts, President Judge; Train Caldwell and Edward Webb, Associate Judges for the County of Fayette. John Watts produced his commission as Circuit Judge of the Third Circuit of the State of Indiana, on which was endorsed the oath of office.
Jonathan McCarty producod his commission as Clerk of the Fayette Circuit Court, ou which was eu- dorsed his oath of office.
William W. Wick, James Noble, John Test, Will- iam C. Drew, D. J. Caswell, James B. Ray, James Rariden and Nathaniel French were admitted to prac- tice as attorneys and counsellors at law in this court.
William W. Wick was appointed Prosecuting Attorney for the county, and took the oath of office. Isaac Johnson was admitted in gratia for the pres- ent term to practice as attorney and counsellor at law.
John Conner, Sheriff of the county, returned into court the following named grand jurors for the pres- ent term of court: William Helm (whom the court appointed Foreman), Joseph Minor, Nicholas Reagan, Allen Crisler, Oran Stoddard, Jacob Case, Sr., Nich- olas Pumphrey. Otheriel Swim, Anthony Emily, Paul Davis, James Webster, John Perrin, James Brown- lee, Martin McCray, John Wilson, John McCormick, James Bolton and George M. Smith.
The Court appointed John McCormick as Consta- ble to attend upon the grand jury.
John Alexander Dailey was admitted by the court as an attorney and counsellor at law on his produc- ing a certificate of his having had a license from the Territorial Government of Indiana Territory, and to him were administered the several oaths required by the constitution and the laws of Indiana.
The first civil case tried was that of -, vs.
"In an action of trespass on the case for trover." It was a motion to discharge defendant from bail on the ground that the affidavit was bad. The motion was sustained and he discharged.
There were nine bills returned by the grand jury,
eight of which were for assanit and battery, and one for an affray-none of which, it seems, were tried at the first term of court.
The first jury trial was that of a case of debt. The jury was composed of the following named: Archi - bald Johnson, Stephou Sims, Jehu Perkins, Gilos Ford, John Rees, James White, Absalom Burkham, Robert Royster, John Miller, Robert Alexander, Alexander Hathaway and Samuel Bell. John Rees was Foreman.
The verdict was for the plaintiff. "It was then considered by the court that the plaintiff do recover of defendant the sum of $80, the amount mentionod in said plaintiff's declaration, with interest thereon at six per cent per annum from April 12, 1818, until paid, besides the costs and charges."
For the first term of the Fayette County Circuit Court William W. Wick was allowed $20 for his services as Prosecuting Attorney.
John McCormick was allowed $2 for two days' services as Constable attending the grand jury.
Reason Davis and John McCormick were each allowed $1 for attending and waiting on the court.
At this term of the court there were more than a dozen cases on the docket, nearly all of which were cases for debt, and the greater number of them were disposed of, and pretty generally in favor of the plaintiffs.
There were two indictments for assault and bat- tery, both of which were disposed of, one pleading guilty and was fined $1 and to pay the cost of prose- cution; and in the other case the court ordered "to quash the indictment."
One case for divorce came up and was settled in favor of the plaintiff. The attorneys in this case were William W. Wick for the petitioner, and Daniel J. Caswell (especially appointed) in opposition.
This term of the Fayette Circuit Court was held at the house of George Reed, located on what is now Central Avenue, west side and second door south of Fourth Street. The sum allowed Mr. Reed for the use of the house was $12.
The Hon. Oliver H. Smith, in his " Early Indi-
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HISTORY OF FAYETTE COUNTY.
ana," thus speaks of his recollections of the early courts of the Third Judicial Circuit, of which the county of Fayette comprised a part:
.
" The Third Judicial Circuit included what was then (about 1820) known as the Whitewater country, and extended from the county of Jefferson north to the State of Michigan, some 200 miles in length, and from the Ohio line on the east, to White River, some seventy- five miles west. The country was n new, sparsely settled, and being on the western frontier, the towns and villages were filled with Indians trad- ing their peltries, wild game and moccasins orna- mented with the quills of the porcupine with the settlers, for calicoes, whisky, powder, lead, beads and such other articles as met their fancy. The popula- tion of the country embraced by the circuit was a hardy, fearless and generally honest but more or less reckless people, such as are usually to be found ad- vancing upon the frontiers from more civilized life, and consequently there were more collisions among them, more crimes committed calling for the action of the Criminal Courts, than is common in older set- tled and more civilized parts of the older States.
" The judiciary system at the time referred to was like the country in its infancy. The Circuit Court was composed of a Presiding Judge, elected by the Legislature, who presided in all the courts in the circuit, and two Associate Judges, elected in each county by the people. These 'Side Judges,' as they were then called, made no pretensions to any particu- lar knowledge of the law, but still they had the power to overrule the Presiding Judge and give the opinion of the court, and sometimes they even 'out-guessed ' the President, giving the most preposterous reasons imaginable for their decisions, as in one instance, that a writ of scire facias to revive a judgment, would not lie unless it was sued out within a year and a day. The decision of the Associates was affirmed in the Supreme Court, for other reasons, of course. The court houses were either frame or log buildings, ar- ranged to hold the court in one end and the grand jury in the other, the petit jury being accommodated in some neighboring outbuildings. The Clerks had very little qualification for their duties; still they were honest, and the most of them could write more legibly than Rufus Choate, United States Senator. The Sheriffs were elected by the people as they are now, and seomed to have been selected as candidates on account of their fine voices, to call the jurors and witnesses from the woods, from the doors of the court house, and their ability to run down and catch offenders. The most important personages in the country, however, were the young lawyers, univer- sally called 'Squires' by old and young, male and female. Quenes were much in fashion, and nothing
was more common than to see one of these young 'Squires' with a wilted rorum hat, that had once been stiffened with glue in its better days, upon his head, from the back part of which hung a queue three feet long, tied from head to tip with an eel skin, walking in evident superiority, in his own estimation, among the people in the court yard, sounding the public mind as to his prospects as a candidate for the Legis- lature. There were no caucuses or conventions then. Every candidate brought himself out and ran upon his own hook. If he got beat, as the most of them did, he had nobody to blame but himself for becom- ing a candidate; still, he generally charged it_upon his friends for not voting for him, and the next sea- son found him once more upon the track, sounding his own praises.
"The court rooms in those days were prepared and furnished with much simplicity, and yet they seemed to answer all the purposes absolutely neces- sary to the due administration of justice. The build- ing generally contained two rooms, the court room being the larger, at one end of which there was a platform elevated some three feet for the Judges, with a long bench to seat them. These benches were very substantial in general, sufficient to sustain the most weighty Judges, yet on one occasion the bench gave way, and down came three fat, aldermanly Judges on the floor. One of them, quite a wag, see- ing the 'Squires' laughing, remarked, 'Gentlemen, this is a mighty weak bench.' The bar had their benches near the table of the Clerk, and the crowd was kept back by a long pole fastened with withes at the ends. The crowds at that day thought the hold- ing of a court a great affair; the people came hun- dreds of miles to see the Judges and hear the lawyers 'plead,' as they called it. On one occasion there came on to be tried before the jury an indictment for an assault and battery against a man for pulling the nose of another who had insulted him. The court. room was filled to suffocation; the two Associate Judges were on the bench; the evidence had been heard and public expectation was on tiptoe. All was silent as death, when the young 'Squire,' afterward Judge Charles H. Test, arose and addressed the court: ' If the court please --. ' He was here inter- rupted by Judge Mitchell from the bench, 'Yes, we do please. Go to the bottom of the case, young man, the people have come in to hear the lawyers plead.' The young Squire, encouraged by the kind response of the Judge, proceeded to address the jury some three hours, in excited eloquence, upon the great provocation his client had received to induce his docile nature to bound over all legal barriers and take the prosecutor by the nose. All eyes were upon him, and as he closed, Judge Winchall roared out, 'Cap-
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