USA > Indiana > Hancock County > History of Hancock County, Indiana, from its earliest settlement by the "pale face," in 1818, down to 1882 > Part 26
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
Mr. H. has been an earnest Republican since the organ- ization of the party, and cast his first vote for President for John C. Fremont. Since 1865 he has been an honored member of the I. O. O. F.
383
BIOGRAPHIES AND PERSONAL SKETCHES.
Mrs. Hough, who has been his companion and help- mate indeed, is a lady of refined tastes and accomplish- ments, and is in every way fitted to preside over her elegant and hospitable home. They have two boys, Wil- liam A. and Clarence A., aged respectively seventeen and fifteen. Their only daughter, Mabel, a beautiful, brilliant little girl, dearly loved by all her friends and schoolmates, and idolized by her parents, was, at the age of seven years. suddenly and unexpectedly called from her pleasant home, surrounded by birds, music, flowers and ferns, to enter her long home in the celestial city, where the streets are paved with gold, and music is never ceasing, and sickness, death and darkness never enter.
Mr. H. is a public-spirited citizen, and is a prominent promoter and supporter of the public school system, which he has defended as a citizen, lecturer and legislator. That his services to the cause of education as a member of the Senate were highly appreciated by the leading educators of the State, may be inferred from the following incident : In the year 1874, the late Hon. Milton B. Hopkins, then Superintendent of Public Instruction, in a public lecture in Greenfield, in speaking of the acts of the Legislature of 1873, among other things said : "The last Legislature was the best Legislature on the question of education that ever sat in Indiana ; and I take pleasure in saying now, and saying it here in his presence (Mr. H. being in the audi- ence), that no county was more faithfully represented in that body, on that question, than was Hancock county, on the floor of the Senate, in the person of your honored Senator."
Mr. Hough has been remarkably successful financially, having achieved a handsome competence, and is one of the largest tax-payers in the county.
CHAPTER XXIV.
COURTS, JAILS, EXEMPTION LAWS, ETC.
The First Court-Of any kind or character in Han- cock county was a commissioners' court, held early in the year 1828, and composed of three commissioners, viz : Elisha Chapman, Samuel Vangilder and John Hunter. This court is still in existence, having met four times a year ever since, and never having undergone any great or material change, except that its duties have been enlarged and its jurisdiction somewhat extended, as the State has advanced in years and laws have multiplied on the statute books.
The First Circuit Court-In Hancock county was organized in March, 1828, at the private residence of Samuel B. Jackson, in a log house east of Greenfield, in the bottom on Brandywine, south of the National road, near the flax factory. This county was then in the Fifth Judicial Circuit.
The First Officers-Of said court were Bethuel F. Mor- ris, Presiding Judge; Jacob Jones and James Stevens. Associate Judges :* James Whitcomb, Prosecuting Attor- ney ; Lewis Tyner, Clerk. and John Foster, Sheriff.
The First Attorneys-Admitted to the bar in Hancock county were Calvin Fletcher, Henry Gregg, Marinus Willett and Charles II. Verder. There being no business before the court. it adjourned with the following entry :
" The court adjourned sine die. March 24, A. D .. 1828. "A. F. MORRIS, Judge."
*For about twenty-four years of the first history of Hancock county the Circuit Court was presided over by three Judges, a Presiding Judge and two Associate Judges. The functions of the Presiding Judge were similar to those of the Judge of the Circuit Court in Indiana at this date. He had his circuit prescribed by law, and traveled from county to county. The Associate Judges were county officers, each county having her own. Instead of one Judge, as at present, three then sat upon the bench at the same time, the Presiding Judge being the center man.
385
COURTS, JAILS, EXEMPTION LAWS, ETC.
. September* Term, 1828 .- At a Circuit Court. began and held at the house of Samuel B. Jackson, in the county of Hancock, on the 22d of September, 1828, it being the fourth Monday of September, Hiram Brown and James F. Brown were admitted attorneys."
The First Grand furors-Were George W. Hinton, James McKinsey, Benjamin Gordon, Meredith Gosney, Jeremiah Meek, Samuel Thompson, Robert Snodgrass, David Templeton, Ladock Stephenson, Richard Guymon, Jacob Tague, Moses McCall, Samuel Martin, Basil Meek, Owen Griffith and John Osborn ; twelve sturdy men, of good judgment and clean characters. Meredith Gosney was appointed foreman.
The First Bill Found-By said grand jury was against Washington Williams, for assault and battery. He was arraigned, tried and found guilty, and a fine of $1 assessed against him. Several other bills were found by said grand jury, most of which resulted in $1 fines. The most singu- lar and unexpected bill, however, was against Lewis Tyner, Clerk of the aforesaid Circuit Court, for neglect- ing to post up, in accordance with the requirements of law. a list of his legal fees, which resulted in his being fined $1 and costs.
The First Petit Jury-Empanneled in this county was composed of the following twelve reputable men and prom- inent citizens at that date, viz. : Henry Watts, John Kau- ble, Peter Bellery, Benjamin Miller, George Baity, William Chapman, William Booth, David Smith, John Henley. James Goodwin, Samuel Vangilder and Elihu Chapman.
The First Commissioners' Court in Greenfield .- In May, 1829, the Commissioners of the county adjourned to the town of Greenfield, the seat of justice, from the house of Samuel B. Jackson to the place appointed by the Legisla- ture of Indiana in which the courts of said county should
* It will be observed that the first term of court was held in March and the second in September, being six months apart, which is accounted for by the fact that in the early history of the county and until 1872 there were but two terms of the Circuit Court per annum.
386
HISTORY OF HANCOCK COUNTY.
be held. It was a rude log house, belonging to Jeremiah Meek.
The First Court House .- In the winter of 1829-30 the Commissioners contracted with Amos Dickerson and John Hays to build a two-story brick Court House on the public square, at a cost of about $3,000. This building was promptly erected, in accordance with contract, and courts were held therein, in the lower rooms, until 1851, at which time it was to.in down.
Courts in Churches and Seminary .- In December, 1851, the Trustees of the M. E. Church, on South State street, rented their church building to the County Commissioners, to be used as a place for holding the courts. Said build- ing was a roomy one-story frame, still standing, located in the south part of the city on the west side of South State street. Early in 1853 the court was moved to the old Seminary, and remained there until the June term, 1855, when the court was ordered to be moved to the Christian Church building, still standing, and located just north of our present jail and east of the public square. The con- ditions of said renting were that the house should not be damaged, and if not injured it should be free to the county until the new Court House should be completed.
The Present Court House .*- In 1854, Nathan Crawford, father of Freeman H. Crawford, druggist in our city, con- tracted to erect a new brick Court House, two stories high, commodious and substantial, on the public square, at a cost of $14,400, which contract he filled promptly and fully, in accordance with the plans and specifications. This contract did not include the bell and irons for suspending thereof; but for these he was allowed the sum of $268. Said Crawford was ordered to buy ten stoves and different locks and keys for said Court House : and it was further ordered by the Commissioners that the county officers re- ceive their rooms unfinished, and that they have their respective rooms finished to suit themselves by the car-
*See cut of house on page 36.
387
COURTS, JAILS, EXEMPTION LAWS, ETC.
penter or carpenters employed by the county. The courts were to occupy the upper rooms, and the county officers the lower. The house was completed and brought into use early in 1856. There has been, from time to time, several changes made in the court rooms above, and in the arrangement of the officers' rooms below.
Circuit Court Tuvice a Year .- Prior to 1872, Circuit Court was held in this county twice a year. Since that time quarter sessions have been regularly held.
Circuit and Associate fudges .- From the organization of the county, in 1828 until 1852, the date of the adoption of the Constitution, there was one Circuit Judge and two Associate Judges (one on either side) on the bench. In 1852 the law providing for Associate Judges was abolished, since which time we have had but the one Judge.
The Names of the Circuit Judges-In Hancock county, from the date of the organization thereof to the present, with the date of their appointment or election, are as fol- lows, to-wit :
I. Bethuel F. Morris IS2S
2. William W. Wick IS35
3. James Morrison. 1840
t. William J. Peasley I843
5. William W. Wick IS50
6. Stephen Major. IS53
7. Joseph S. Buckles IS59
S. Joshua H. Mellett. 1870
9. Robert L. Polk 1876 IO. Mark E. Forkner ISSI
Remarks : It will be observed that Bethuel F. Morris was the first Circuit Judge in the county. William W. Wick, who came on the bench in 1835, was one of the early judges in Indiana. It was he that presided at Pen- dleton, in Madison county, in 1824, at the trial of the whites for the murder of the Indians on Fall creek. He also presided at the organization of the first court in Rush county, in April, 1822. He was the Judge on the bench in
388
HISTORY OF HANCOCK COUNTY.
the Fifth District at the time when Sheriff John Hays, of Rush county, became insane and wandered out to this place, and was burned up in the old jail, as heretofore mentioned. Judges Morrison, Peasley and Major were in office respectively three, seven and six years, and were known to our older attorneys, David M. C. Lane, David S. Gooding, J. H. Williams, T. D. Walpole, George W. Julian, et al. Judges Buckles and Mellett have exchanged the bench for the bar, and are holding forth respectively at Anderson and New Castle. Robert L. Polk, Judge of the Eighteenth Judicial Circuit for five years, died at his home in New Castle, Saturday, May 7, 1881, at the early age of thirty-nine. Hon. Mark E. Forkner was appointed by Governor Porter to fill the unexpired term of the late lamented Judge Polk, and is the presiding Judge at this date.
The Names of the Associate Judges-In Hancock county from 1828 to 1852 were as follows, to-wit :
Jacob Jones, James Stevens,
Hector H. Hall, George Tague,
John Ogg. Robert McCorkhill,
Owen Jarrett,
Andrew F. Hatfield,
Nathan Crawford, George Henry,
P. H. For.
Remarks: Jacob Jones and James Stevens, it will be observed, were the first Associate Judges in the county. John Ogg, father of A. L. Ogg, and Robert McCorkhill. a prominent citizen, came next; then followed in order Nathan Crawford, contractor of the court-house, George Henry, father of Attorney Charles Henry, of Anderson. Hector H. Hall, now of Indianapolis, from whom we have a letter on page 139. George Tague, father of G. G. and Jonathan Tague, Owen Jarrett, ancestor of the Green township Jarretts, Andrew F. Hatfield and P. H. Foy, the last two of whom were on the bench at the time of the adoption of the new Constitution.
389
COURTS, JAILS, EXEMPTION LAWS, ETC.
The Probate Court .- In 1829 there was a Probate Court organized in the county, with power to adjust estates of deceased persons, or, as the name indicates, adjudicate probate business only. This court continued until 1852, when the law providing for it was abolished, and the busi- ness was turned over to the Common Pleas Court, which was then provided for. The first Probate Judge was Jeremiah Meek, who served till 1836. The second was
GEORGE L. KNOX. 1
John Ogg, who presided till 1850. The third and last was Samuel Hottle, who held forth till 1852. The Probate Court, during the time it was sustained as a separate and distinct court, set twice a year only. After the probate business was turned over to the Common Pleas Court. probate matters could be adjudicated four times a year.
390
HISTORY OF HANCOCK COUNTY.
Remarks: The first will recorded in the county was that of Samuel Pierson on the 24th of September, 1829. The first inventory of personal property was on the 10th of October. 1829.
The Common Pleas Court-Was organized by an act approved May 14, 1852, to be presided over by one Judge. elected by the voters of the district, at the annual election in October, 1852, and every four years thereafter, who should hold his office for the term of four years, if he should so long behave well, and until his successor should be elected and qualified. And in case of a vacancy by death or otherwise, the Governor was to fill the vacancy by ap- pointment until the next general election. The Common Pleas Court, as to jurisdiction, was virtually a probate court, at least as to all matters in which it had exclusive jurisdiction ; but there were certain matters in which it had concurrent jurisdiction with the Circuit Court. Section five of the act of May 14, 1852, providing for the establishment of Courts of Common Pleas, and defining the duties and jurisdiction thereof, read as follows, to-wit : "The Cir- cuit and Common Pleas Courts shall have concurrent juris- diction in all actions against heirs, devisees and sureties of executors, administrators and guardians, in the partition of real estate, assignment of dowers, and the appointment of a commissioner to execute a deed on any title bond given by deceased." Although it would seem from the section just quoted, that the Circuit and Common Pleas Courts had concurrent jurisdiction in all actions against the sureties of executors, administrators and guardians, yet the Supreme Court held in 10th Indiana, page 411, that Courts of Com- mon Pleas have no jurisdiction of suits on the bonds of administrators, when the damages are laid at $1,000 or up- ward. But to be brief, without entering into details, the Common Pleas Courts, which were sustained for twenty years in this and other counties of Indiana, were virtually probate courts, presided over by judges elected quadren- nially, and did the business, slightly modified, of the old probate courts, which met semi-annually. It was an infe-
391
COURTS, JAILS, EXEMPTION LAWS, ETC.
rior court to the Circuit Court. The Judges of the Common Pleas Court of Hancock county, for the time aforesaid. and the dates of their election were as follows, to-wit :
David S. Gooding IS52 David S. Gooding IS61
Richard Lake. 1856 William R. West. I 864
William Grose I S60 Robert I. Polk IS72
This court was abolished by an act of the Legislature approved March 6, 1873, which act also provided for the redistricting of the State for judicial purposes into thirty- eight* circuits, and fixed the time of holding courts therein. and transferred the business of the Common Pleas to the Circuit Courts. Under this act all matters and business pending in the Courts of Common Pleas were to be trans- ferred and disposed of by the new Circuit Court.
The Present Circuit Court .- The new Circuit Court, by the act of March 6, 1873, had her jurisdiction greatly ex- tended, and in addition to the jurisdiction previously exer- cised, was to have jurisdiction over all matters which had been previously considered by the Common Pleas Courts, and all laws and parts of laws concerning said Courts of Common Pleas were to be construed to mean and apply to said Circuit Courts, and the old offices of Common Pleas Judge and District Attorney were abolished. This act also provided for the election of Judges and Prosecuting Attorneys, on the second Tuesday of October, 1873, to fill the places of such Judges and Prosecuting Attorneys as were then holding their office by virtue of an appointment by the Governor, since which time we have had a Prose- cuting Attorney, and the counties of Henry and Hancock have constituted the 18th Judicial Circuit. The courts in this county convene on the Monday following the close of the term of the Henry county court. The courts in Henry are held on the first Monday in February, fourth Monday in April, first Monday in September, and third Monday of
* Three additional circuits have since been added. The 4Ist and last circuit is com- posed of Marshall and Fulton counties, as provided for by the acts of 1875, page 47.
392
HISTORY OF HANCOCK COUNTY.
November in each year. The courts in Henry continue six weeks, and in Hancock four weeks, if the business re- quire it. And there has since been but two courts in the county, viz. : The Commissioners Court, which was the first in the county, and the Circuit Court, which now has jurisdic- tion of all probate matters, civil and criminal business, and consequently performs the duties heretofore devolving upon the Probate, Common Pleas and Circuit Courts.
Courts of Conciliation .- There was still another court, though little resorted to, termed a Court of Conciliation, which was provided for by an act entitled an act to estab- lish courts of conciliation ; to prescribe rules and proceed- ings therein, and compensation of Judges thereof, approved June 11, 1852. This court might take cognizance of all cases in which any person claimed to have a cause of action against another for libel, slander, malicious prose- cution, assault and battery, or false imprisonment. This law was, in many respects, similar to our present law relative to arbitrations and umpirages, approved February 3, 1875. In case a reconciliation between the parties was had, a memorandum thereof stating the nature of the controversy, or the alleged cause of action, the appearance of the parties, and the fact of the reconciliation, without specifying the terms thereof, unless it be agreed by the parties to do so, was to be entered upon a book of record, kept by the Judge, and signed by the respective parties. The reconciliation thus effected was a complete bar to any future action in reference to either party in respect thereto. In case of a final adjustment of the matter in controversy, the Judge was entitled to a fee of $5, to be paid half by each party ; but in case of no reconciliation, no fee what- ever could be received by the Judge for any services rendered. This court was a kind of equity criminal court, and the act specially provided that every controversy submitted to it for settlement was to be decided according to conscience and right, without regard to technical rules. These courts of conciliation should have been considered useful to the people in saving costs and the bitter feelings
393
COURTS, JAILS, EXEMPTION LAWS, ETC.
resulting from long and tedious lawsuits, but an exam- ination of the records of our courts develops the fact that the people did not seem to take kindly to its pacific pro- visions, being considered by them of little importance.
JAILS.
The first jail in Hancock county was a wooden struc- ture, erected soon after the organization of the county, located on the south part of the public square, and burned down in 1833 by John Hays, the only inmate at the time .* In 1835 Cornwell Meek erected, at a cost of $2,200, a hewed log jail building, two stories high, with two rooms below for the jailer's residence and two above for the con- victs. The east one was called the debtor's room, and was provided with two windows, and used for the confine- ment of lawfully adjudged debtors, under the law of Indiana providing for imprisonment for debt, which prevailed prior to 1838. The west room was less attractive, having but one small window, and was used for the confinement of the regular criminals. This building remained and was used by the county until the erection of the present jail, in the year 1871, at a contract price of $32,900, t located on the south-east corner of the public square.
EXEMPTION LAWS.
The old Constitution of the State of Indiana declared that " the privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted." Observe that the constitutional provision for an exemption is restricted to contracts alone. Under an act of 1843, an execution defendant could claim an ex-
* For a fuller account of this matter see page 161, where the subject is fully devel- oped.
+ For a description of the present jail and the cost thereof see page 37. 26
394
HISTORY OF HANCOCK COUNTY.
emption from execution, at any time before the sale, any personal property levied on, not exceeding in value $125. The Constitution of 1852 retains the old exemption section of the original Constitution, with an additional clause pro- hibiting imprisonment for debt. except in case of fraud. Under this constitutional provision, an act to exempt prop- erty from sale in certain cases, approved February 15. 1852, provided that an amount of property not exceeding in value $300, owned by any resident householder, should not be liable to sale on execution, or any other final pro- cess from a court, for any debt growing out of or founded upon a contract, express or implied, after the 4th day of July, 1852. This law exempting $300 remained in full force and effect until it was superseded by the act of March 29, 1879, which provides for the exemption of an amount of property not exceeding in value $600, owned by any resident householder, such exemption being for any debt growing out of or founded upon a contract, express or implied, after the taking effect of said act. The same Leg- islature, in an act concerning married women, approved March 25, 1879, exempts from execution wearing apparel and articles of personal adornment purchased by her, to the amount of $200 ; and exempts all presents of jewelry. books, works of art, &c., and provides that she shall further hold as exempt, except for the purchase money therefor, other property to the amount of $300, making a total exemption to married women of $500 in addition to her presents.
CHAPTER XXV.
SEQUEL TO BLUE-RIVER TOWNSHIP.
Wolf's Mill .- The first mill in Hancock county was built in 1824 by Joshua Wilson, on Blue river, in the south- west part of Blue-River township. It was a very small building, partially weather-boarded, and did both sawing and grinding. It run one set of burrs, and, if well attended to, woald grind from ten to fifteen bushels per day, and the saw-mill, under favorable circumstances, would cut from two to three hundred feet per day, with the assistance of two or three men to help start it occasionally. In cut- ting the race, there was a bayou that formed all its course but about ten rods, but Wilson was unable, physically and financially, to cut this short distance, hence his few neigh- bors gratuitously volunteered their services, and cut the short distance which nature had left unfinished. Among those hospitable neighbors were Solomon Tyner, John Osborn. George Penwell, G. Smith, Thomas Phillips. Abram Johns, Harmon Warrum, et al. In 1826 Henry Watts purchased the mill of Wilson, and attached a bolt to run by hand. When this mill first started, all the white people for miles around gathered in to witness the grand scene. Wolf purchased the mill about 1840, and attached a carding and spinning machine. The mill at this point has changed hands a number of times, as noted elsewhere in this book, and has been variously known as the Wilson, Watts, Wolf and Bacon Mill, and, while owned by Bacon, was denominated the " Blue River Mills." The mill has recently changed hands, and is now owned by Jacob Wolf, son of John Wolf, the old proprietor.
The Bluc-River Temperance Association-Was brought about by a few earnest workers attending a convention of
395
HISTORY OF HANCOCK COUNTY.
the W. C. T. U., at Knightstown, and becoming enthused in the work, and obtaining a copy of their constitution and pledge to assist in organizing. A few of the citizens of Blue-River township met at Friends' meeting-house, West- land, May 26, 1877, and organized an association, known as the "Blue-River Township Temperance Association," at which time forty-five persons signed the pledge and be- came members.
The following constitution has been adopted, being better suited to our work than the constitution of the W. C. T. U. :
ARTICLE I .- This society shall be known as the Blue-River Township Temperance Association.
ART. II .- It shall be the duty of this society to plan and carry forward measures which, with the blessings of God, will result in the suppression of intemperance.
ART. III .- Any person may become a member of this association by signing the following pledge: "We, the under- signed, men, women and children of Blue-River township, feeling that the use of intoxicating liquors has reached a point no longer to be endured, do, by the help of God, promise to use our utmost endeavors to banish this evil from among us ; and in order to strengthen our influence in this regard, we hereby agree to abstain from the use of all intoxicating bev- erages, and we will discourage their use in all possible ways."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.