History of Hamilton County Indiana, her people, industries and institutions, Part 37

Author: John F. Haines
Publication date: 1915
Publisher:
Number of Pages: 1051

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Later came H. E. Davenport and J. W. Fancher, who served in the Civil War. The former was a surgeon and the latter was a private soldier. They both obtained the greater part of their education after the war. They were graduates of the Medical College of Indiana. Davenport died in 1909 and Fancher in 1910.

` Doctor Millikan graduated from the Physio-Medical College of Indian- apolis in 1881 and went to Sheridan about the same time. Doctors Daven- port and Fancher located there. Also, at this time came Doctors Morris, Wall and Stephens. All of them have now left for better positions.

Dr. I. E. Davenport is one of the well-known physicians at the present time, who has practiced in Sheridan for the last thirty years. He graduated from the Medical College of Indiana in 1881 and is the president of the medical association which was organized in Sheridan in 1913.

A well-known physician, J. C. Newby, now retired, located at Sheridan in 1890. He was graduated from the Medical College of Indiana in 1880 and practiced in Boxley for about ten years before going to Sheridan. Dr. W. E. Cooper practiced about the same time as Newby, but did not practice so long in Sheridan. He graduated in 1894 from the Physio-Medical Col- lege of Indianapolis and from the Medical College of Indiana. He prac- ticed at Lebanon and Pickard, at the latter place about fifteen years, and then went to Sheridan. He had an extensive practice all his life. He practiced until a few weeks before his death in May, 1913. He was noted for his

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way of amusing his patients, and especially the children, where he went. About the time Cooper went to Sheridan there were Doctors Allison, Mc- Kenzie and Fouch, but they did not remain long in Sheridan. Doctor Mc- Kenzie was well educated, but left for the West after a few years' practice in Sheridan. He returned from the West about two years ago, lived on the farm one year and practiced the other year in Sheridan. He again returned to the West in the fall of 1914.

One of the main physicians of today at Sheridan is Dr. A. C. Newby, who has been practicing about twelve years at that place. He grew up in the town and obtained the rudiments of education at Sheridan schools and at Indiana University. He was awarded his "I" button a few weeks ago at an Indiana University alumni banquet at Indianapolis, for his good work in athletics while at Indiana. He always has his jokes to tell the sick and pen- nies to give the children for taking medicine.

The former school teacher, E. M. Young, graduated in 1906 from the Illinois Medical School and has practiced in Sheridan for eight years. He was associated with Doctor Fancher until Fancher's death, and is now the secretary of the Sheridan Medical Association. Doctor Reck, who practiced in Sheridan for a short time, left in the summer of 1914 for a better location in the West. Dr. P. S. Johnson, a well-known young physician, has also grown up in Sheridan. He graduated from Sheridan high school and went to Indiana University, from which he was graduated in 1903, being given fourth place in the competitive examination. Then he took up a position as senior interne at the city dispensary at Indianapolis and was later con- nected with the Eastman hospital. During that time he was taking post- graduate work at New York, Washington and Baltimore. He practiced one year in Gary, Indiana, and then located at Sheridan. He is associated with Dr. A. C. Newby, and has had an extensive practice during his three years' residence in Sheridan. Dr. W. W. Gipe came from Indianapolis, and after practicing in Sheridan about a year removed to Greentown, Indiana.

PHYSICIANS AT BOXLEY.

Dr. T. P. Boxley was one of the first physicians of Boxley. He was located there several years before the town was laid out and practiced medi- cine for a period of about forty years. He then retired and fitted up a drug store, which he operated for many years, finally retiring from the store on account of old age. Another Boxley physician of that early time was Doctor Haynes, who practiced there only a short time. Dr. F. B. Vickery came from Somerset, Kentucky, and located in Boxley about 1843. In 1855 he

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located on his farm, one and one-half miles west of Boxley, but continued to practice for many years. Dr. A. M. Vickery located in Boxley about 1848, practiced until 1852 and then located in Tipton. Doctor Gosset lo- cated in Boxley about 1850, remained about two years and then moved to another location. He returned to Boxley about 1872 and continued in prac- tice there about five years.

Doctor Bundy located in Boxley during the fifties, practiced there a few years and then moved to another location. Dr. Cyrus Burrows com- menced the practice of medicine in Boxley in 1865, and continued in practice there until 1875. He then moved to Washington, Iowa, for practice. Dr. William H. Ross came from Ohio, located in Boxley in 1859, and continued in the practice there until some time in the seventies. He then moved to Iowa and continued practice there until exposure to the extreme cold weather during one winter so impaired his health that he was compelled to retire. Dr. J. C. Newby located in Boxley in February, 1875, and continued the practice there until 1890, when he moved to Sheridan and continued prac- tice there.

Dr. I. S. Collins located in Boxley in 1857, and continued practice until early in 1864, when he enlisted in the Fifty-seventh Regiment, Indiana Vol- unteer Infantry, and died while in the service at Brownsville, Texas. Dr. G. W. Teter located in Boxley in June, 1891, and has continued in the prac- tice up to the present time. Dr. T. J. McMurty located in Boxley in March, 1866, and he has continued practicing up to the present time. A few other physicians located in Boxley during the sixties and seventies, but they re- mained only a few months, their names not becoming a part of the perma- nent records of that community.

COUNTY HOSPITAL.

The county hospital is a three-story structure situated on North Ninth street in Noblesville. It is a credit to the county and the city to have such a modern and well equipped hospital in our midst. When first the hospital was established, it was not as a county institution, but as a private enterprise. Drs. Samuel and Madison Harrell were the proprietors. The hospital was built in 1907 and 1908. being ready for occupancy in May, 1908, and was operated as the Harrell hospital for six years. Dr. Madison Harrell sold his interest to his brother and Dr. Samuel Harrell became sole proprietor for a short time. In 1911 Doctor Harmon became a partner in the business and continued so for some time, and then Dr. Samuel Harrell again became

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sole proprietor and continued so until he sold the hospital to the county, January 1, 1914.

As a private enterprise, the hospital was a decided success. The force consisted of a head nurse and four or five assistants, and at times the hos- pital was filled to its utmost capacity. It was well fitted with all the equip- ments necessary in a modern hospital. It was kept in excellent condition and patients were given every comfort and attention both from physicians and nurses. When Dr. Samuel Harrell sold the hospital to the county he re- tained his office there for a month or more before moving to his present office. Dr. Samuel Harrell was connected as proprietor during the entire time previous to its present ownership. He says of its success during that period: "It was a decided success. Our rooms were full most of the time. All kinds of operations were performed there and all kinds of cases treated. We had five or six nurses all the time. I was head nurse myself. The hos- pital had the full equipment of a modern hospital."

On June 25, 1914, Mrs. Ida Goodlauder Webb, registered nurse, be- came the head of the hospital under the county management. It was very fortunate for the organization that it was possible to secure Mrs. Webb. She is a graduate of the City Hospital Training School of New York City. Under Mrs. Webb's direction there are six nurses in training. This train- ing department has had state registration since the reorganization. Since June, 1914. many improvements have been accomplished, among which is the addition of two wards for the indigents of the county, one for men and one for women. The beds in these wards are furnished free to the patient, but the township trustee of the patient's home township pays $8.00 a week for each patient from his township. The sun parlor has been redecorated and furnished. This was accomplished by benefit entertainments and private do- nations. The kitchen has been completely overhauled and a new gas range, the gift of the gas company, has been installed. The laundry has been re- fitted with electrical appliances and the dining room redecorated and newly furnished. The operating room has been fitted with the new sterilizing ap- paratus, which has given excellent satisfaction. The board of management. which is elected by popular vote, each member serving six years, two retiring every two years and two being elected every two years, is as follows: Presi- dent. J. C. Craig; secretary, Mrs. J. O. Meissen, of Cicero; Mrs. R. R. Stephenson, E. E. Fitzpatrick and Nicholas Passwater.

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CHAPTER XXIII.

BENCH AND BAR.

THE HAMILTON CIRCUIT COURT.

The county having been organized in the spring of 1823, another im- portant step in the county's history was the organization of the circuit court, which occurred in August of the same year-1823. There being no county seat yet, the court was ordered to meet at the home of William Conner, a few miles south of the present site of Noblesville on White river. The conven- ing of the new court was quite an event among the scattered settlements up and down the river. Hon. W. W. Wick was the presiding judge of the dis- trict, which was termed the "Fifth Judicial District of the State." Gov. William Hendricks had appointed John Finch and William C. Blackmore associate justices and John D. Stephenson clerk of the said court.

As the official duties of this early court of Hamilton county were not supposed to be very arduous, the parties concerned, including the honorable court and James M. Ray, a lawyer from Indianapolis, and a number of witnesses, together with a few hangers-on who wished to be connected in some way with the official crowd, started in frolicsome manner to the im- provised "court house" by way of the river. Their canoe was a large one and was apparently well manned and equipped for the journey. Besides the men, it contained "a stock of provisions, a lot of blankets, some cooking uten- sils and a keg of whiskey." Before the company had proceeded far on their journey, the boat seemed to be getting very unsteady, which fact was not due to the agitation of the water, for White river was placid as a summer day, but rather to the "extracted contents of that keg of whiskey." Our early historian so describes the result of imbibing too freely from said keg .. The first petit jury was composed of thirty-six "discreet householders," the names having been selected from a list of taxable property owners.

GRAND JURY SAT ON A LOG.

John Black and Francis Kincaid, two of the selected men, failed to re- spond to the summons and proceedings were immediately brought against them for contempt of court. Other jurors were selected to fill the vacant

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places. The jurors, being then duly sworn and charged by the court, went out to do their work. The record is silent as to where the jury conducted its deliberations, but our early historian, having received his information first hand from the early settlers, mentions the fact of finding the "grand jury out on a log" so evidently it was out in "God's first temple."

Not many cases came up for consideration at this first term, some of which were as follows: State of Indiana vs. James Wilson, grand larceny ; State of Indiana vs. John Bingham, for retailing liquors without a license; State of Indiana vs. Archibald Johnson, for failure to attend as a witness before the grand jury when summoned; State of Indiana vs. Francis Kin- kaid, for retailing liquor without a license. Civil cases: Archibald Johnson vs. Henry Foland and John M. Wood. The indictments found by the grand jury were at once reported to the judge of the court. They were examined, approved, ordered recorded and placed on the docket. The grand jury was discharged and the court adjourned until in April, 1824.

Some of the money allowed and paid and other proceedings are inter- esting to us, coming down from that far away court, and are as follows : "Ordered, That John D. Stephenson, Clerk of the Circuit Court, be author- ized to make a loan of money on the credit of the county to the amount of sixty dollars, for the purpose of purchasing books and county seal, etc., for this county and that said Stephenson is authorized to make the purchase aforesaid.

"Ordered, That J. D. Stephenson be allowed two dollars and thirty- seven and one-half cents for amount advanced by him to procure a book and paper for the use of the county.

"Ordered, That Curtis Mallory be allowed one dollar and twenty-five cents for furnishing jury boxes and boxes for the election, for the use of the county.

"Ordered, That J. D. Stephenson be allowed four dollars for making out tax duplicate for present year (1823).

"Ordered, That Solomon Finch and Zenas Beckwith be allowed eight dollars each for four days' service as County Commissioners, and that Wil- liam Dyer be allowed two dollars for same service, 'he claiming no more.'"

November session (1823). "James Duncan was released from paying one dollar and twenty-five cents, charged by the lister for a pleasure carriage.

"Chapel W. Brown was released from paying thirty cents, the amount charged for a yoke of oxen.

"Jacob T. Hire was released from payment of thirty-seven and one-half cents, amount charged on levy for a horse. John Bruitt, Francis Kincaid,

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James Freel, Sr., George Kirkindale and Robert Duncan were exempted from poll-tax, they being over fifty years, and improperly assessed. William Bush was released from payment on two oxen."

"Ordered, That Zenas Beckwith be allowed forty dollars and fifty-seven cents, for money furnished by him to purchase books for this county."

"Ordered, That William P. Warwick, sheriff of the county, for his serv- ices for the present year, is allowed the sum of twenty-six dollars and fifty cents; and that John D. Stephenson, Clerk of the Circuit Court, for his services in attendance on the Commissioners in the present year, be allowed the sum of ten dollars; and that Solomon Finch be allowed the sum of two dollars per day for two days' attendance as commissioner of this county, at the present court; and that William Myers and Zenas Beckwith be allowed the same sum for same service."

February Session, 1824: "Ordered, That Jerry K. Leaming be ap- pointed 'Sessor' for the whole county of Hamilton for the present year, to give bond within five days, in the sum of five hundred dollars." His bond was filed and accepted by the board during the same session.

Joseph Kirkindale and Galetin Betts were appointed constables for Delaware township, to serve "until February next." Jerry K. Leaming, Andrew McClintick and Asa O. Jones were appointed to serve as constables in White River township, for same term, bond to be furnished fifteen days from date.

"Ordered, That the election for the present year in Delaware township be held at the house of William Bush, and that John Stoops be appointed inspector thereof; and that the place of holding elections in White River township be at Henry Foland's, in Strawtown, and that Jeremiah Leaming be appointed inspector thereof; and, that at the place of holding elections in White River township, on the 6th of March. 1824, the qualified voters of that township elect an additional Justice of the Peace.

"Ordered. That Daniel B. Wick be allowed twenty-five dollars for service as Prosecuting Attorney; that Jeremiah Leaming, Nathan Popejoy, William Peck, Jacob Hire, William Dyer, Zenas Beckwith, Thomas Provault, William Foster. Alexander Booker, Henry Lee, James Lee, Charles Lacey, Chapel W. Brown, Solomon Wise and Edward W. Dyer, be allowed one dol- lar and fifty cents each for their attendance as grand jurors at the last Cir- cuit Court. George Wise is allowed one dollar and fifty cents for attend- ance as bailiff.

"Ordered by the Board, That William P. Warwick, Sheriff of this coun- ty. be appointed collector for said county for the year 1824, and that he give bond in the sum of five thousand dollars.

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"Ordered, That Curtis Mallory be appointed to serve as Treasurer in this county for and during the present year." He filed his bond at once. It was also "Ordered, That Curtis Mallory be allowed two dollars and fifty cents for furnishing press for county seal; also, fifty cents for retiring judge of last election in August;" and "that the seal of brass procured by the Clerk, with the words: 'Hamilton County Seal, Indiana,' around the margin thereof, with an eagle in the center, be established."

THE FIRST REAL SESSION.

This first session of court lasted but two days, the jurors receiving sev- enty-five cents per day, the bailiff the same, and the associate justices two dollars each per day.

The next term of court, which was held in April, 1824, at William Con- ner's was the first real session where business was transacted. Judge Wick, with the same associate justices and clerk as at the previous session, was present, but added to the official docket were W. P. Warwick, sheriff, with Joseph Kirkendall and Elias Hoddy for bailiffs, one bailiff each for the court and grand jury. At the previous session, Harvey Gregg, James Gilmore, B. F. Morris, Daniel B. Wick and E. C. Wilson were admitted to the bar as licensed attorneys. At the April term, G. J. Johnson, James Raridan, Cyrus Finch and Josiah F. Polk were also added to the list of lawyers. Polk be- ing the only resident attorney, was appointed by the judge as prosecuting attorney for that term of court, Daniel B. Wick, a non-resident, having served at the previous session.

At this second session of court the following cases were on the docket : State of Indiana vs. John Bingham, indictment for retailing liquor without a license. On being arraigned he pleaded guilty and was fined four dollars and cost of prosecution. The second case was for trespassing, Archibald Johnson vs. Henry Foland and Jesse M. Wood. The motion was sustained giving the plaintiff leave to amend his declaration and the case was con- tinued. The third case was State of Indiana vs. Archibald John for non- attendance at grand jury when summoned. A similar charge was preferred against Francis Kinkaid. On motion of the prosecuting attorney both cases were dismissed. The fifth charge was of a more serious nature, State of Indiana vs. James Willason, indictment for grand larceny. The prosecuting witness not being in attendance, an attachment was issued for him, the cause was then continued until the second day and the court adjourned. Bright and early the following morning, the witness being present, the case was called. The defendant pleaded not guilty and demanded a trial by jury.

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This was the first trial by jury in the county and the jury was composed of the following men: Thomas Morris, William Richy, John Friel, James Friel, Jr., Lemuel Anton, John Alman, John Dickson, Alexander McClintock, Henry Foland, Andrew Wilson, John Carpenter, Michael Wise. After hearing and duly considering the evidence and argument, the jury found the defendant not guilty. Business of the honorable court was done with dis- patch in those days and the second session occupied but two days. Joseph Kirkendall and Elias Hoddy, as bailiffs, were allowed two dollars each. The sheriff, W. P. Warrick, was allowed a yearly allowance of sixteen dollars during his term. William Conner was allowed sixteen dollars for the use of his house for judicial purposes for the fall and spring terms of court. Josiah F. Polk received twenty dollars for attorney's fees as prosecuting at- torney for the April term of court. Each grand juror received one dollar and fifty cents for two days' service. The following indictments were re- turned by the grand jury: State of Indiana vs. Adam Spring, selling liquor without a license; State of Indiana vs. Martin Bingham on a similar charge. Court then adjourned till the next term.

CONTENT WITH MEAGER FEES.

The fees received at that time seem very meager in comparison with the · salaries of the present time. For the sum of sixteen dollars a year, the sheriff had two juries to summon for each term of court, all arrests to make, witnesses to summon, civil processes to serve, besides being required to be in attendance at each term of court, either in person or by deputy. The pros- ecuting attorney received twenty to twenty-five dollars a term, a grand- juryman seventy-five cents per day and the bailiffs one dollar per day.

Though no record to that effect seems to have been made, it seems prob- able that court was still held in the same place, viz., at William Conner's, as the records show all meetings of commissioners on county and state business met and convened there. There was no building especially for court pur- poses until November, 1831, when the first court house, a log structure built for temporary use, was completed and occupied for the first time.

At the October term of the Hamilton circuit court, 1824, Harvey Gregg presented his commission as prosecuting attorney for this district. The commission, being duly examined by Judge Wick, it was accepted and Gregg was duly sworn according to law. The court then ordered the sheriff to bring in the grand jury. The first three cases on docket were respectively, the State against John Bingham, Adam Spring and Martin Bingham for selling liquor without licenses. The two former were not to be found in the

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county, the sheriff reported, and an alias capias was ordered to Shelby county, Indiana, for the arrest of the one and a similar order to Montgomery county for the arrest of the other. In the case of Martin Bingham, the sheriff's return showed the defendant to be in custody but not in court. The court evidently was not satisfied with the non-appearance of the men in these cases, so on motion of the prosecuting attorney the sheriff was ordered "to produce the body of the defendant at the next term of court or show cause why he should not be required to pay the sum of twenty dollars, the amount of bail required of the defendant by law." The grand jury returned the following indictments : The State vs. George Coderick. assault and battery. The de- fendant on being arraigned pleaded not guilty and gave bond for his appear- ance at the next term of court. Archibald Johnson vs. Henry Foland, et al. The plaintiff filed an amended declaration. The defendant filed a demurrer to the amended declaration and the cause was continued at the costs of the plaintiff which he was ordered to pay within sixty days or suffer arrest under attachment proceedings. The next case was Peter Choderick, by next friend, vs. James McNutt. The defendant was ruled to answer within ninety days. At this term John Batiste, a Canadian, applied for citizenship, which was granted him, this being the first foreigner so admitted into the county .. Court then adjourned. On the second day, Jack Colip was approved as adminis- trator of the estate of James Lee. John Finch and William Blackmore, associate justices, were allowed four dollars each for the two days of court while each of the grand jurors serving at this term, were allowed a credit of one day's work on the roads for such service.

THE FIRST DIVORCE CASE.

The first surety of the peace case in the county came up in April term, 1836, with Rebecca Popejoy as plaintiff and Lawrence Willason as defendant. The case was subsequently dismissed. The first libel for divorce were Violet Willason, plaintiff, and James Willason, defendant, also on the docket, though suit was brought for the same cause at two subsequent terms of court in the last instance, the parties being reversed, the husband bringing the com- plaint and the wife as defendant. The first two cases were dismissed by the plaintiff, but the third case was heard by the court which, after hearing the evidence, dismissed the cause. This was at the October term of court, 1827. The first suit in the county to foreclose a mortgage was brought, the plaintiffs being James M. Ray and William Conner, and the defendant, Wil- liam Miller.

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History of Hamilton County Indiana, her people, industries and institutions, Part 37

Author: John F. Haines Publication date: 1915 Publisher: Number of Pages: 1051

Author: John F. Haines
Publication date: 1915
Publisher:
Number of Pages: 1051