History of Hamilton County Indiana, her people, industries and institutions, Part 39

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

USA > Indiana > Hamilton County > History of Hamilton County Indiana, her people, industries and institutions > Part 39

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Ernest E. Cloe is the judge-elect, he having been chosen by the voters at the general election in 1914 for the term to begin on the nineteenth of next October.

"THE GRIST IT GRINDS IS HUMAN." .

In this sketch it may seem that criminal causes have been picked out as most suitable for record. As a matter of fact, from the lawyer's standpoint civil litigations of an intricate character are more likely to measure the court's and attorney's skill and knowledge of the law. The great bulk of business is of a civil nature. It is only at intervals that a dramatic criminal trial catches and absorbs the attention of the popular mind, and for this reason, and on the broad ground that the people are vitally concerned in the peace and order of society (as in the "eye of the law" a crime or misdemeanor is an offense against the State), cases of this class usually interest the lay citi- zen more than those which affect property or any other right of the private suitor.

To write a full history of the Hamilton circuit court would fill a large volume. Think of the immense total money value of the myriad matters that

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have ground through its mill, of the untold heartaches, disappointments and despair, of the dismay of the defeated and triumph of the victors, and one can understand that the grist it grinds is human, that character and property, and betimes, liberty and happiness, inexorably pass between the upper and nether millstones.

In three-quarters of a century many lawyers of learning and distinction have appeared in cases in the local court. Among them we may name Gen. Benjamin Harrison, afterwards President; Thomas A. Hendricks, United States Senator, Governor and Vice-president; Senator Joseph E. McDonald, Senator Daniel W. Voorhees, Senator John W. Kern, Maj. J. W. Gordon, a noted criminal lawyer ; John S. Duncan, W. H. H. Miller, sometime United States Attorney-general; A. C. Harris, formerly United States Minister to Austria; Ferdinand Winter, John M. Butler, Senator David W. Turpie and Judge Byron K. Elliott. The list could be much extended.

Hamilton county lawyers have through the years taken a large part in politics and public affairs generally. Many of them have held office by elec- tion or appointment, and some of them quite a number of offices. As a rule they have averaged well for intelligence and citizenship. Little complaint has ever been made that any one of them has not been square with his clients. It is proper and may be informing to say that none of them ever became rich from the practice of his profession. Some have had moderate fortunes, but these were acquired aside from the practice of law.

PERSONNEL OF THE HAMILTON COUNTY BAR.

Attorneys in our judicial system are essential factors in court proceed- ings. Many of them, in addition, play a leading part in public affairs. This has been emphatically true in the history of Hamilton county.

The lawyer's fame, that rests entirely upon his achievements in the legal forum, however brilliantly it may shine for a time, is usually short-lived. So it is pertinent and proper to at least record the names of the professional gentlemen who worked and wrought in the local courts. The limits of space confine us to a brief chronicle, and there may be a few unintentional omissions. Attention will be first directed to those whose legal and earthly careers, some for a long period, have closed.

Josiah F. Polk came in on the "ground-floor," so to speak, as he, in association with William Conner, laid out the town of Noblesville.

Fabius M. Finch was a fine gentleman; served as judge; removed to Indianapolis, where he practiced many years.

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Jacob Robbins, John Hutchins, Francis Lindsey, Thomas H. Bowles and Joseph Robinson were early lawyers of whom we have no data.

Earl S. Stone, an excellent probate and equity lawyer, was common pleas judge.

William Garver, a strong character, was for a long time common pleas judge and held other important offices.

David Moss, one of the leaders, resourceful and effective, concluded his long legal career with a term on the circuit bench.

W. W. Conner was a talented man of charming personality, a favorite of the people, and undoubtedly the most popular public speaker who has ever lived in the county, but did not continue in practice many years.

Gustavus H. Voss was a shrewd lawyer and had a large business; also a cunning trader ; he became rich and moved to Indianapolis.

DeWitt C. Chipman attained some prominence and re-located at Anderson.

Jonathan W. Evans, familiarly known as "Will" or "Bill" Evans, was a brilliant advocate, magnetic, admired and successful. Too much indulgence in drink may have prevented him from becoming eminent.

James O'Brien was solid and influential. He served as circuit judge, and later was judge of the Howard-Tipton circuit, he having removed to Kokomo.

Alexander H. Conner started here, went to Indianapolis, was elected state auditor, and became a leading politician as well as editor.

Thomas J. Kane, who was virile and a tireless fighter, was at the bar for half century, and held a large practice.

William Neal, who resided at Cicero, was energetic and industrious, with great force of character. He was one of the last associate judges, and did a large legal business for many years.

Augustus F. Shirts, energetic and successful attorney and influential citizen, was the author of "Primitive History of Hamilton County."

William O'Brien commanded respect; practiced successfully, but retired on account of infirm health.

R. R. Stephenson was an able, well-read lawyer, adroit and successful advocate. He served as circuit judge gaining statewide reputation as a jurist.

J. Stanley Losey was highly esteemed, but was hindered by delicate health.

Theodore P. Davis, capable and rapid worker, maintained an extensive practice; served as a judge of the state appellate court for years afterward;

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had law offices in Indianapolis, changing his residence to that city, and also in Noblesville. He died in his prime as a lawyer.

F. M. Householder, prosecuting attorney, was careful and conservative.

L. O. Clifford, resided at Cicero; followed probate and non-litigated business mainly.

D. W. Patty, resided at Carmel; served as prosecuting attorney.

Joseph R. Gray, long the foremost political leader in the county, gave some attention to the law.

F. B. Pfaff was at the bar for years, but was handicapped by a frail constitution.

Thomas E. Boyd, an eloquent speaker, gave much time to politics and later removed to Indianapolis.

William S. Christian, an intense and energetic worker, built up a big practice, but was stricken by a fatal malady which cut him down when he had reached maturity as a lawyer.

David J. McMath, residing at Sheridan, was in general practice here about ten years and was prosecuting attorney.

R. P. Neal, residing at Cicero, was in active practice some fifteen years.

L. S. Baldwin, an excellent speaker, was prosecuting attorney. He was a serious sufferer from physical ailments.

The following were members of this bar, some of them practicing many years, but changed their residences from the state or county :

George Shirts, now practicing at Indianapolis.

F. M. Trissal, in early seventies prosecuting attorney ; now of Chicago.

Robert Graham, formerly state senator. Resides now in Colorado.

M. T. Sheil, an attorney at Tipton, Indiana.

S. D. Stuart, was prosecuting attorney ; removed to Mississippi.

John E. Garver, prosecuting attorney, is now a resident of Idaho, and is in the ministry.

Robert Collins moved to Hancock county and retired from law.

J. F. Beals was prosecuting attorney and a member of the Legislature; was connected with manufacturing in Illinois and later-in West Virginia.

Walter Covey, now a lawyer at Indianapolis.

The following is the roster of attorneys residing in the county and practicing :

Joel Stafford remains as the last survivor of the old guard, having been admitted in 1859; has been prosecuting attorney, clerk and has held other offices : William Booth; Walter R. Fertig: Joseph A. Roberts; John F. Neal, ex-prosecuting attorney and ex-judge; C. W. Griffin. Sheridan; Ira W.

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Christian, ex-clerk and ex-judge; Ralph K. Kane, office also at Indianapolis; Thomas E. Kane; LeRoy J. Patty, Carmel, ex-clerk; Ernest E. Cloe, judge- elect; Fred E. Hines, ex-prosecuting attorney ; C. M. Gentry, ex-prosecuting attorney ; Phil J. Fariss; Walter Shirts; R. R. Foland, ex-prosecuting at- torney; Floyd G. Christian; George Osborne, Sheridan, ex-prosecuting at- torney; Noel C. Neal; Emmet Fertig; T. J. Bishop, Arcadia ; O. H. Menden- hall, Atlanta: A. Guy. Arcadia, prosecuting attorney ; A. E. Pinkham, West- field; Roland Griffin, Sheridan. Judge Vestal will return to the practice when his term on bench expires next autumn.

There were two sturdy attaches of the court who should not be passed by in this sketch. "Judge" Jonathan Colborn (associate judge prior to 1850) and, following him, "Uncle" Dan Loehr, served as jury bailiffs many long years, each departing this life at an extreme age. They performed their trusts with absolute fidelity, and held the friendship and confidence of judges, attorneys and juries.

The clerks and deputies, sheriffs and deputies, the "good men and true," who performed jury service, the court bailiffs and short-hand reporters, all were necessary to the efficient performance of the court's functions. It may be justly said, with not many exceptions, that their duties, often most arduous and difficult, have been discharged capably and conscientiously.

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CHAPTER XXIV.

NEWSPAPERS OF HAMILTON COUNTY-INSTANCING THE SURVIVAL OF THE FITTEST.

If a multiplicity of newspapers can be taken as a criterion of the intelli- gence of the citizens in the communities wherein they are published, Hamil- ton county must be given a front seat in the front rank of civilization.

Since the date of the first publication which occurred seventy-nine years ago a half hundred or more of these "great moral engines" have made their entrances upon the stage of action, tottered to a fall and then sank into obliv- ion. It has been a survival of the fittest all. the eighty years, and those that are left today out of the ruck will compare favorably with those of any county in the State.

. NOBLESVILLE NEWSPAPERS.

But little is known of the history of the early publications at the county seat aside from the names of the proprietors, the titles and the dates of the entrances and exits of most of them.

The founder of the first paper published in the county seat was L. H. Emmons, a practical printer from the east, who landed in Noblesville in 1836. On January 12th he issued the first copy of The Newspaper, a four- page paper, size of each page twelve by fourteen inches, non-political. It was a fine specimen of typographical art for those early times, but from lack of patronage it gave up the ghost March 22, 1838, and its remains were laid away to rest in the now commodious county seat newspaper graveyard. Sub- sequently it was resurrected by F. M. Scott, but it lived but a short time and finally ended its career for all time to come. Three or four years later L. H. Emmons returned to Noblesville and on June 4, 1842, issued the first number of the Little Westerner. Mr. Emmons, a few months later, secured an appointment in the federal service at the national capital, and upon his de- parture for that city turned over the control of the paper to Messrs. P. C. Lawzer, J. T. Cox, et al. The year 1845 saw its finish. A few years later F. M. Randall issued the Noblesville News, and in 1854 sold the same to J. R. Gray and J. W. Evans, who changed its name to that of the Hoosier Patriot. Six months later they sold it to H. W. Clark, Sr., who in turn sold it to L. E. Rumrell. The latter sold a half interest to William Hardy. In 1862 Rumrell disposed of his interest to H. W. Clark, and a few months

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later it. passed into the hands of S. K. Christy, who changed its name to the White River Clipper. January 7, 1869, A. M. Conklin came into possession of the paper, giving it the title of Hamilton County Register. January 7, 1870, R. R. Stephenson commenced the publication of the Noblesville Com- mercial. About a year later he leased his plant to Miles & Bodenhamer, who subsequently bought the Hamilton County Register and consolidated the two plants under the name of the Noblesville Ledger. November 8, 1872, D. K. Taylor purchased the interests of Mr. Miles. Four years later Mr. Taylor retired from the paper and was succeeded by Mr. Miles, who upon the death of Mr. Bodenhamer, in 1879, came into full possession of the Ledger. In March, 1880, J. B. Cheadle issued the first number of the Republican. Subse- quently, the two papers were consolidated under the title of the Republican- Ledger, Cheadle & Stephenson, proprietors. In the following dozen or so years the paper changed proprietors several times, as follows: Stout and Puntenny succeeding Cheadle & Stephenson, they in turn followed by Stout and Montgomery, Bush and Houck, Bush and Walker, Walker and Craig, Craig and Truitt, finally passing into the hands of Will H. Craig. At the present time the Ledger is a joint stock company, the principal owners of the stock being E. E. and C. S. Neal and Will H. Craig.

In 1873 W. H. Boswell started the Noblesville Democrat, in Noblesville, and sold out to R. M. Isherwood in 1898. The latter's local career was short, and he disposed of his holdings to Hon. James Fippen, of Tipton. He was succeeded by Dawilla Spannuth. The latter was in turn succeeded by a stock company composed of Messrs. James Christian, E. A. Hutchens et al., who changed the politics of the paper to Republican and named it the Enter- prise. Subsequently, the plant was purchased by E. E. and C. S. Neal and several months ago was merged with the Ledger.

In April, 1904, Mr. Roney, a banker of Cicero, established the Times, a Democrat in politics, in Noblesville. About four years later it passed into the hands of H. D. Downey, who was succeeded by R. P. Carpenter, present postmaster of Noblesville. The paper is now owned by Paul Poynter, a well known newspaper man of Sullivan, Indiana.

Among the papers whose existences in the county seat were brief might be mentioned the Tribune, Peed and Martin, proprietors, and the Journal, owned by the late Ex-mayor E. C. Wilson.

NEWSPAPERS OF SHERIDAN.

The history of the newspapers of Sheridan dates back thirty-two years, or back to 1882. Several papers have been published at various times, but

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have either failed or been consolidated into the present paper, the Sheridan News.

The first paper, the Sheridan Argus, was published in 1882 or 1883, when Sheridan had a population of about five hundred people. . This paper was edited at different times by Mr. Cox and J. E. Walker in the building across the street from where Deakyne's blacksmith shop now stands. The paper consisted of four pages, which were mainly taken up by ready-print news from Indianapolis and a few local items which generally occupied the front page. The first copy of the Argus was sold for five dollars and was bought by H. E. Davenport. The plant was destroyed by fire in 1889, while owned by Robert Drake.

Another paper, which had previously been published at Kirklin, was moved to Sheridan at this time and edited by the Manloves in the Opera block. While it was situated in Kirklin the paper had been called the Air Line News because it published different papers for various towns along the Monon railroad, but when it was moved to Sheridan the name was changed to the Sheridan Enterprise. Following the Enterprise, Mr. Morrison pub- lished a paper for a short time under the name of the Sheridan Standard. He moved his plant away in 1894.

Newspapers were steadily growing in popularity, and in 1894 E. E. Scott published the Sheridan Call, in the building occupied by Jacob Mace's meat market, which was recently destroyed by fire. This paper advocated the cause of the Republican party. During the campaign of 1898 Wesley Cox ran a newspaper in the Opera House block, aiding the Democratic party. At this same time another paper known as the Sheridan Chronicle was pub- lished. These, however, lasted only for a few months.

The Enterprise and the Argus were merged into the Sheridan News, which is at present the only local paper and which has an extensive circula- tion. The News. has been edited at various times by Cal. Gault, D. J. Mc- Math, O. H. Moudy, G. W. Scott, Mr. Perry, N. W. Cowgill and its present editor, I. H. McMurtry.

In November, 1912, the Progressive party organized a newspaper called the Hamilton County Progressive, which lasted about a year, ceasing pub- lication in December, 1913. This newspaper was run under the editorship of F. T. Kercheval.

CARMEL NEWSPAPERS.

The Carmel newspaper field was not invaded until about twenty-six years ago. when the first number of the Reporter. I. H. Langdon proprietor.

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was issued .. It lasted about a month and was followed by the Carmel Signal, issued October 13. 1889, L. J. Patty and L. J. Small, proprietors. Later owners were Ed E. Small, Vern Patty, George Bowen and Hall Small. The paper was discontinued August 10, 1893. Then came the Carmel Register . and the Carmel Star, now published under the name of the Carmel Standard, Roberts and Patty, proprietors.

CICERO NEWSPAPERS.

A. M. Conklin was the pioneer newspaper proprietor of Cicero. He established the New Era in the year 1871. Then followed in quick succes- sion the Gasette, Daniel Thorpe, and the Herald, H. J. Briggs. In the late nineties the New Era was revived by R. P. Neal, who was followed by O. H. Smith, the Hinshaw brothers, Frank Gause and Rev. Ervin. The paper then passed into the hands of the Twigg brothers, who gave it the name of the Cicero Tribune. After a somewhat checkered existence of a few years this paper turned up its toes to the daisies, since which time the Cicero newspaper field has been vacant.

ARCADIA NEWSPAPERS.

The .Arcadian was the first newspaper to see the light of day in Arcadia, in the year 1887, with Calvin Goss at the helm. For the succeeding dozen or so years, it changed proprietors frequently as follows: Edward Goss, C. W. Lee, Emmet Orr, William Smith, Duval & Brean and Turner & Son. A. R. Groves purchased it from the latter mentioned firm and changed the title of the paper to the Arcadia News. Subsequently, it passed into the hands of the Enterprise Publishing Company, of Noblesville, who moved the plant to the county seat. Arcadia is now without a newspaper.

ATLANTA NEWSPAPERS.

The Atlanta Herald "blew in" in the year 1888 with I. H. Langdon as proprietor. The venture was not a success and, becoming despondent over the fact and possibly other reasons, Mr. Langdon took his own life in May, 1892. Shortly after Langdon's demise, Calvin Goss purchased the plant, but disposed of the same subsequently to a Mr. Guerst. He was succeeded by Smith & Roney, who changed the name of the paper to the Times. In April, 1904, the plant was moved to Noblesville and became the organ of the Democracy of Hamilton county. Atlanta is now without a newspaper.

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CHAPTER XXV.

MILITARY HISTORY.

HAMILTON COUNTY'S RECORD IN THE NATION'S WARS.

War has been a dreadful thing for any country or any people, yet this has always been the means of settling great national difficulties. It was not until after the close of the Civil War in the United States that war received its logical name, when General Sherman said "war is hell." And still the world is at war, for at this very hour (1915) Europe is aflame with the conflict of great contending armies, which threaten the destruction of many once great and happy peoples. Even America looks on with a shudder, fear- ing that in some manner she may be drawn into this bitter European conflict.

WAR OF 1812.

Indiana has furnished soldiers for no less than four great conflicts, the War of 1812, the Mexican War, the Civil War and the Spanish-American War. It so happened that the governor of Indiana Territory was one of the most important generals in the War of 1812, a struggle which meant as much to the Territory of Indiana as any territory or state in the Union. One of the most important battles leading up to the War of 1812 was fought in Indiana, and the battle of Tippecanoe will go down in history as one of the greatest engagements ever fought on American soil against the Indians. The War of 1812 often has been referred to as the second war for inde- pendence, and it is a matter of history that England did not recognize the provisions of the Treaty of Paris, closing the Revolutionary War, until after the War of 1812. Congress declared war against England on June 18, 1812, and the final treaty of peace was signed at Ghent, Belgium, December 24, 1814, although it was several weeks until the fact was known in this country. The most notable land victory of the whole war was fought by General Jack- son at New Orleans on January 8, 1815, two weeks after the treaty was signed. As a result of this war, England respected our rights on the seas and withdrew her soldiers from the northern part of the United States.

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From the close of the Revolutionary War until the end of the War of :812 England had been inciting Indians in the Northwest Territory to acts of vio- lence, and this fact had greatly retarded the settlement of that territory. England was directly responsible for all the trouble the United States had with the Indians from 1790 until the close of the War of 1812, and the ter- rible defeat of Generals Harmar and St. Clair can rightfully be laid at England's door. These two disasters were offset by two equally brilliant victories over the Indians, the victories of General Wayne at Fallen Timbers in 1794 and of General Harrison at Tippecanoe in 1811.

As far as is known there were only three veterans of the War of 1812 who settled in Hamilton county. These three men were George Boxley, Caleb Harrison and William Sumner. George Boxley, a pioneer of Adams town- ship, at the time of his service in the War of 1812 resided in Spottsylvania. Virginia. He was a wealthy and esteemed citizen of that community and served with honor in that struggle. He was promoted to a post of honor and responsibility by the United States, and as a token of respect was tendered a handsome silver-hilted sword by the government. His later disgrace in his native State for becoming an abolitionist and his flight to the west are related in this volume in the history of Adams township. He is buried in this county. Caleb Harrison, a pioneer of White River township, also served with bravery and distinction. William Sumner settled in this county in the twenties, and is buried in the Hinkle Creek cemetery. He named his eldest son, Elliott, in honor of the captain of the company. The Sumner school house in Jackson township was named for William Sumner. There may have been other soldiers in the War of 1812 who settled in this county but no records of their service have been preserved.

MEXICAN WAR.

The Mexican War was brought about by the annexation of Texas to the United States in 1845. The incidents leading up to this war can only be briefly noticed in this connection. Mexico had emancipated her slaves in 1827, but Texas, which had been settled largely by southern slave owners, refused to be bound by the emancipation act. From that time until the final separation of Texas from Mexico there was constant strife between Texas and the mother country. In 1836 Texas declared its independence, and it was afterward recognized by the United States and several European powers as a separate nation. Of the sixty men who signed the declaration of independence, fifty-three had been born in the United States, and this one fact not only explains the separation from Mexico but the subsequent request for

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admission to the Union. It was eight years before this request was granted, the northern states fighting the admission on account of the fact that it would make one more slave state, and, as future events turned out, it was the last slave state to be admitted to the Union.

With the formal admission of Texas to the Union, on July 4, 1845, it was very apparent that war was imminent between this country and Mexico. General Taylor was sent to the southern border of Texas early in the spring of 1846, and, on April 20th, war was formally declared against Mexico. At once the president called for volunteers, and Indiana responded gallantly to the call. Governor Whitcomb issued the first call for volun- teers on May 22, 1846, and old Fort Clark, near New Albany, was designated as a rendezvous.

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History of Hamilton County Indiana, her people, industries and institutions, Part 39

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

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