USA > Indiana > Hancock County > History of Hancock county, Indiana; its people, industries and institutions > Part 41
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442
HANCOCK COUNTY, INDIANA.
George Barnett. William Tobin.
E. E. Galbreath, February 14. 1871 : on motion of William R. Hongh. James A. New. February 6, 1872: on motion of H. J. Dunbar. Luther Benson, February 6, 1872 : on motion of Charles G. Offutt. Bond B. Wheeler, February 6. 1872 : on motion of H. J. Dunbar. Adams L. Ogg. February 14. 1872 ; on motion of William R. Hough. Benjamin L. Smith, February 27. 1872 : on motion of David S. Gooding. Thomas H. Bowds, February 27. 1872; on motion of M. M. Ray. Ephraim Marsh.
William F. Bernhauer, March 16. 1873 ; on motion of James L. Mason. Samuel Griffin, March 26, 1874 : on motion of James L. Mason. W. W. Leathers, June 24. 1874; on motion of James L. Mason. John O. Hully, October 31. 1874; on motion of James L. Mason. Henry . 1. Swope. November 3. 1874: on motion of David S. Gooding. Israel P. Poulson, January 9. 1875 : on motion of Hamilton J. Dunbar. Daniel Church, March 22, 1875: on motion of Charles G. Offutt. Edward S. Coffin, June 10, 1875 : on motion of Charles (i. Offutt. John S. Pettit, October 20, 1875 : on motion of H. J. Dunbar. John A. Hughes, March 23. 1876 : on motion of H. J. Dunbar. Marion Steele, June 8. 1876: on motion of William R. Hough. Samuel A. Wray, June 7, 1876; on motion of James L. Mason. Henry A. Schriber, June 23. 1876 ; on motion of James L. Mason. George Duncan. William F. McBane.
William H. Martin, February -, 1877 : on motion of Charles G. Offutt. Bart Burke. January 26, 1877 : on motion of William R. Hough. George J. Shugos, April 6, 1877 ; on motion of James L. Mason. William Ward Cook, June 4. 1877 : on motion of William R. Hongh. W. S. Denton, June 4. 1877 : on motion of . R. 1. Riley. John W. Jones, June 5. 1877 ; on motion of David S. Gooding. Richard A. Black. October 15. 1877 : on motion of R. . \. Riley. Samuel B. Waters, March 26, 1878: on motion of R. . 1. Riley. John HI. Binford.
Marshall B. Gooding. October 14. 1878: on motion of Charles G. Offutt. Isaac G. Brown, November 1, 1878; on motion of James . 1. New. T. S. Rollins, June 11. 1879: on motion of Montgomery Marsh. William H. Fleece. January 16, 1879; on motion of James L. Mason. Charles E. Barrett. December 31. 1879: on motion of James .A. New.
443
THE HANCOCK COUNTY BAAR.
Albert S. Caldwell, January 12, 1880; on motion of William Ward Cook. Robert Denny, March 16, 1880; on motion of John W. Jones. Albert Baker, March 16, 1880; on motion of William R. Hough. Charles S. Rennecamp. April 8. 1880; on motion of Charles G. Offutt. L. H. Reynolds, June 7, 1880; on motion of John W. Jones. A. C. Ayers, October 18, 1880; on motion of James A. New. Robert Collins, January 3. 1881 ; on motion of William R. Hough. Charles W. Smith, March 22, 1881 ; on motion of James L. Mason. Tilghman E. Ballard, March 28, 1881 ; on motion of David S. Gooding. Henry W. Taylor, March 28, 1881 ; on motion of David S. Gooding. William C. Barrett, June 13, 1881 : on motion of R. A. Riley. Harmon J. Everett, June 6, 1881 ; on motion of Samuel . A. Wray. Jesse J. Spann, June 17, 1881 ; on motion of William R. Hough. Norton. June 22, 1881 ; on motion of Charles G. Offutt. W. E. Thompson, June 13, 1881 ; on motion of John W. Jones. William Booth, October 27, 1881 ; on motion of Montgomery Marsh. Marcellus Chapman, October -. 1881 ; on motion of Charles C. Barrett. Elmer E. Swope, February -, 1882 ; on motion of Ephraim Marsh. Joseph E. McDonald, June 26, 1882; on motion of Charles G. Offutt. Ralph Hill, June 26, 1882 : on motion of Charles G. Offutt. George C. Butler, June 26. 1882 ; on motion of Charles G. Offutt. Joel Stafford, April 10, 1883 : on motion of David S. Gooding. John W. Stout, April 10, 1883; on motion of 1 .. H. Reynolds. W. K. Williams, April 11. 1883 ; on motion of David S. Gooding. William C. Forrey, June 19, 1883 : on motion of James .A. New. Robert Williamson, July 3. 1884 ; on motion of William R. Hough. William J. Sparks.
Howard Barrett, June 11, 1885 : on motion of James A. New. Ferd Staff, June 25, 1885 ; on motion of Charles G. Offutt.
E. T. J. Jordon, October 27. 1885 ; on motion of David S. Gooding. Edward W. Felt. October 24. 1887 ; on motion of William R. Hough. Frank E. Ilammer, October 15, 1888.
John L. MeNew, June 13. 1888; on motion of William R. Hough. Asa M. New. June 25. 1888: on motion of William R. Hough. S. E. Jackson, October 15, 1888.
William A. Hough, -- , 1888; on motion of Ephraim Marsh. Charles Downing, September 2, 1889; on motion of William Ward Cook. John J. Rochford, September 2. 1889 : on motion of William Ward Cook. Henry Warrum, September 2, 1889: on motion of William Ward Cook.
444
HANCOCK COUNTY, INDIANA.
Cassius Ginther. December 3. 1889.
U. S. Jackson. December 4. 1889: on motion of 1 .. H. Reynolds. James E. Mccullough.
Andrew J. Shelby. December 16, 1890 ; on motion of J. L. Mason.
Noble J. Warrum. Jr .. February 3. 1891 ; on motion of Wm. Ward Cook. Elmer J. Binford. - --. 1893.
Raymond R. Gery. - -: on motion of R. A. Black.
James F. Reed, -- , 1893 : on motion of R. A. Black.
A. M. Hadley, November 23. 1893 : on motion of E. J. Binford. W. P. Bidgood.
John F. Wiggins, February -. 1894: on motion of Charles G. Offutt. Robert L. Mason. --. 1894: on motion of Robert Williamson. Eldon A. Robb, March 13, 1895 : on motion of E. J. Binford. Newton R. Spencer, April 25, 1896 : on motion of E. J. Binford.
Louis E. Kimberlin. March 24, 1896; on motion of William H. Martin.
Sidney L. Walker, March 11, 1896; on motion of E. W. Felt.
William Alger, May 16, 1896; on motion of William Ward Cook. Jonas P. Walker, September 16, 1896 ; on motion of William Ward Cook. D. C. Cash, September 21. 1896.
Edwin Glascock, April 27, 1896; on motion of E. J. Binford. Oliver P. Hastings, December 8, 1896; on motion of Marshall B. Gooding. Albert Frost, September 7. 1897 ; on motion of E. W. Felt. N. B. Brandenburg. September 21, 1897 ; on motion of J. F. Reed. R. S. Holding, February 6, 1897 : on motion of E. J. Binford. Earl Sample. June 20, 1898; on motion of E. W. Felt.
John F. Egan, October 7. 1898: on motion of Ephraim Marsh. A. V. B. Sample. April 8, 1899; on motion of Ephraim Marsh. Arthur C. VanDuyn, March 22, 1899: on motion of E. W. Felt. James MI. Bussell, January 6, 1900 ; on motion of E. J. Binford. Francis T. Boyden, March 7, 1900: on motion of W. F. AleBane. John Larrabee, February 5. 1900; on motion of William Ward Cook. Charles L. Tindall. April 23. 1900; on motion of William Ward Cook. David Eidman, May 24, 1900 : on motion of E. W. Felt. Samnel O. Pickens, May 15, 1900; on motion of Wm. Ward Cook. Albert V. Hodgin, May 15, 1900 : on motion of Win. Ward Cook. William Irvin, December 1, 1900: on motion of Win. R. Hough. William .A. Hughes. December 21, 1900: on motion of Jonas P. Walker. John W. Card, January 2. 1901 : on motion of George W. Duncan. Robert Ellison, March 14, 1901: on motion of Ephraim Marsh.
445
THE HANCOCK COUNTY BAR.
James E. McClain, February 8, 1901 ; on motion of Wm. F. McBane. William H. Pauley, January 5, 1901 : on motion of Wm. Ward Cook. William B Risse, February 28, 1901 ; 011 motion of Ephraim Marsh. Freeman Thomas, January 18, 1901 : on motion of Jonas P. Walker. M. E. Fitzgerald. November 9. 1901 ; on motion of U. S. Jackson. Ilerbert I. Goldsmith. November 9. 1901 ; on motion of U. S. Jackson. George R. Bodine. September 11, 1902 : on motion of Jonas P. Walker. R. L. Marsh. July 12. 1902 : on motion of U. S. Jackson. George M. Overman, December 2. 1902 : on motion of J. E. McClain.
Chalmer Schlosser. June 21. 1902 : on motion of J. F. Reed. William C. Welborn, November 29, 1902 : on motion of R. L. Mason. Ora F. Boyce. February 7. 1903 : on motion of J. F. Reed. Joseph E. Bell, March 18, 1903 : on motion of U. S. Jackson. Joseph W. Kitterman, January 21, 1903 : on motion of .A. C. VanDuyn. Charles A. Robinson, January 24, 1903 : on motion of R. L. Mason. Omer Jackson, September 7. 1903 ; on motion of U. S. Jackson. Omer D. Green. June 25. 1904 : on motion of E. F. Quigley. John Lockridge, February 2, 1904 : on motion of R. L. Mason. E. F. Quigley, May 2, 1904 : on motion of Earl Sample. Samuel J. Offutt, December 27, 1904 : on motion of Jonas P'. Walker. Jesse Sanford, March 25, 1905 : on motion of S. J. Offutt. Charles H. Cook, February 13, 1905 ; on motion of Charles 1. Tindall. Fred O. Dean. February 7. 1905 : on motion of .A. C. VanDuyn. Wim. H. H. Graham, September 6. 1905 : 011 motion of George W. Duncan Charles FF. Reeves, July 1, 1905 : on motion of A. C. VanDuyn. Hiram L. Thomas, July 1. 1905 : on motion of A. C. VanDuyn. Robert E. Martin, June 26, 1906; on motion of Charles L. Tindall. Will A. Stewart, May 21, 1906 : on motion of William .A. Ilough. William D. Bennett. March 7, 1907: on motion of U. S. Jackson. Chauncey W. Duncan, November, 1900: on motion of W. W. Cook. Edward C. Eikman. November 5. 1906: on motion of Charles L. Tindall. John M. Hall. January 16, 1907 : on motion of S. J. Offutt. Samuel I. Harlan. February 16. 1907 : on motion of Jonas P. Walker. Edwin S. Parks, October 15. 1907 ; on motion of Jonas P. Walker. Frank Hedrich, May 18, 1907 ; on motion of A. C. Van Duyn. John Q. MeGrail, June 10, 1907 : on motion of Earl Sample. Harvey J. Elam, June 11. 1907 ; on motion of Earl Sample. George J. Richman, June 22, 1907 : on motion of E. W. Felt. James A. Collins, May 18. 1908: on motion of William A. Hough.
446
HANCOCK COUNTY, INDIANA.
S. Meek, June 24. 1908; on motion of Jonas P. Walker.
F. J. Meek, June 24, 1908; on motion of Jonas P. Walker. Loranzo McDonald, June 29, 1908; on motion of Jonas P. Walker.
Robert F. Reeves, May 1, 1908: on motion of Charles L. Tindall. Harry Eagan, November 9, 1909; on motion of E. J. Binford.
C. W. Morrison, June 10, 1909.
George T. Tindall, September 11, 1909: on motion of Charles L. Tindall. Charles M. Demaree. May 21, 1910.
John B. Hinchman, January 22. 1910 : on motion of Edward F. Quigley. R. L. Rosenthal, February 7, 1910.
Ora Myers, January 27, 1912 ; on motion of J. F. Reed.
H. Segar Slifer, January 5, 1912.
Paul F. Binford, June 1, 1912.
William E. Bussell. June 6, 1914 : on motion of Jonas P. Walker. H. M. Kelley, November 6, 1914; on motion of Charles H. Cook. Vinton A. Smith, February 28, 1914; on motion of R. L. Mason. Moses C. Wood. January 2, 1915 : on motion of Edwin Glascock. Olin R. Holt, February 27. 1915.
ORGANIZATION OF COURT.
The Hancock circuit court was organized on March 24, 1828, at the house of Samuel B. Jackson. This house stood on the south side of the National road, just a short distance west of the present car barns. There were present on that occasion Bethuel F. Morris, president of the fifth judicial circuit. Jacob Jones and James B. Stephens, associate judges, Lewis Tyner, clerk and James Whitcomb, prosecutor.
The name of James Whitcomb does not appear on the court records ex- cept as prosecutor. He later became governor of the state of Indiana, and is the man after whom our Hoosier poet, James Whitcomb Riley, was named.
Four attorneys were admitted to practice on that day, Calvin Fletcher. Hervey Gregg, Marinus Willett and Charles H. Vreeder. During the first few years the court held two sessions annually. The September term, 1828, and the March term, 1829, were also held at the residence of Samuel B. Jack- son. The record shows that the court convened for the first time at the court house at Greenfield on Thursday, September 17, 1829.
The first rules governing the practice at the bar of the court were adopted at Jackson's residence on March 19, 1829. The following are the rules :
+47
THE HANCOCK COUNTY BAR.
"RULES OF COURT ADOPTED AT THE HANCOCK CIRCUIT COURT, MARCH TERM, 1829.
"I. But one attorney on each side will be permitted to examine the witness.
"2. The party introducing the witness will examine him in chief; the opposite party will cross-examine, and the other party will then explain, but no new matter will be introduced without obtaining permission of the court. And if one party shall interrupt the other by asking a question in any other manner except by regularly objecting to the court, he will be punished.
"3. If a question is objected to, the objector will instantly rise in his place to make the objection to the court, and an attempt to press the question upon a witness, or elicit an answer before the point is determined, will be punished.
"4. Every attempt to ask a question which in form or substance has once been answered, or in any manner, either directly or indirectly, to get improper evidence to the jury, or any attempt to lead a witness by the form or manner of the question, or to dictate or connect his evidence, be considered an attempt punishable at the discretion of the court. So will be frequent repetitions of the same questions to the same witness, unless necessary to obtain the object of the cross examination.
"5. During the hearing of a cause before a jury no argument will be permitted upon any question arising as to competency of witnesses, or the admissibility of testimony. But the question may be taken down at any time, and the point will be reserved for argument on a motion for a new trial. If any such objections are made, and the counsel have any authorities at hand to produce, they will be examined, but no remarks will be permitted.
"6. After the defendant or the party holding the negation has closed his testimony, the opposite party will not be permitted to introduce any except rebutting testimony.
"7. If in the argument of a case before a jury, any reflection, either direct or indirect, or any complaint is made by any attorney, that the court had rigidly enforced the rules of evidence and restricted the party in his testimony, he will be punished by suspension during the term.
"S. In the argument of a case to the jury, no improper allusion shall be made to facts that are not in evidence before the jury, to public opinion, or to any other matter not legally connected with the cause, and not a legitimate subject for observation.
"9. When an attorney ceases to argue the cause of his client to the
HANCOCK COUNTY, INDIANAA.
jury, and commences to speak of himself, or of the opposite counsel or any other matter unconnected with the case, he will be stopped.
"10. All applications for special instructions to the jury must be in writ- ing, and not a word by way of application for counter instructions will be heard. If any instructions given by the court are objected to, the party ob- jecting will say so at the time and the instructions will be taken down, and the point reserved for argument on a motion for a new trial, or for a bill of exception.
"11. In all arguments, either to the court or jury, the counsel opening the cause will read all of the authorities upon which he intends to rely, and no additional authorities will be read in the concluding argument : and in all arguments or questions submitted to the court, they will. in their discretion. direct the attention of the counsel to such points as they deem worthy of argu- ment, or upon which they entertain doubts, and if an attorney wanders from these points, he will be stopped.
"12. In all civil cases docketed on the second or - day of the term, when a declaration has been filed and process served ten days before court, the defendant will be expected to plead on the first calling of the cause on the day on which it is docketed, and for want of such pleading, judgment will be rendered, unless, for good cause shown by affidavit, further time be allowed.
"13. No time will be allowed in court to prepare an affidavit for a con- tinuance unless it appears that the party applying could not have known before that time by using proper diligence that such application would be necessary- nor would any time be allowed to prepare pleadings or other papers at the bar which might have been prepared before.
"14. On motions for continuance, the party applying will read his affi- davit : one of the opposite counsel will be heard, if an objection is made, and the applicant will reply.
"15. If an attorney has any business to transact with his clients or other persons other than the immediate cause in hearing-he will retire from the bar. " I"). When a cause at issue is given for trial, if the counsel informs the court that he is ready, the counsel will immediately progress. If the cause is not then ready. the cause will be placed at the foot of the docket, and thereby lose its precedence.
"17. Any attempt to argue a question after it is determined by the court. or to continue the argument after it is argued out or closed. will be punished.
"18. Any bill of exceptions containing any part of the evidence in a cause, will have to be signed unless the party excepting will take down the evi-
JUDGE EARL SAMPLE
449
THE HANCOCK COUNTY BAR.
dence before the witness retires from the bar -- or the bill is agreed to by the opposite counsel.
"19. When attorneys wish to engage in wrangling, personal abuse. recriminations, they will retire from the court room, or submit to punishment by fine, impeachment, or suspension at the pleasure of the court.
"20. As the court sits for the purpose of administering justice, they will, with benefit and pleasure, hear any arguments or authorities that will, in the least degree, aid them in the discovery of truth, or the detection of fraud : but they will not unnecessarily consume the time of persons and witnesses and increase the public, as well as individual expense, by listening to mere idle declamation or popular harangue made with other views and for other pur- poses than the investigation of truth, or the advancement of justice."
The court house in which the court convened on September 17. 1829. stood on the west side of what is now South State street. It was a two-story log house and was located just a little north of the alley running east and west between Main and South streets.
The first court house on the public square was built late in 1834, or early in 1835, and was used until 1851. It has been described in an earlier chapter of this work. The court room was on the first floor in the southeast part of the building. In the southeast corner of the room was a large fireplace. six or eight feet wide, in which logs were burned. The floor of the entire court room was made of brick. It was in this room that Thomas D. Walpole. George W. Julian, Reuben AA. Riley. David S. Gooding and James Rutherford began their practice and became the leading practitioners of the county.
The practice of the attorneys in this court room was based on the old com- mon law instead of the code. Our code was not adopted until the new state constitution went into effect in 1852. For this reason, the court records of that period show civil actions brought on debt. assumpsit. etc.
DISBARMENT OF WML.POLE.
There were also some stirring scenes in this court room. It was there. on Wednesday, February 25, 1835. the state of Indiana, on relation of Eden Chittenden, filed charges and specifications against Thomas D. Walpole in relation to his malpractice as an attorney of the court. Walpole was in court at the time and the clerk was ordered to furnish him a copy of the charges.
On Thursday morning, February 26, the matter came up for hearing and the following record was made: "Now comes as well the plaintiff by his attorney as the defendant in his own proper person who admits the receipt of a copy of the charges and specifications aforesaid, and files his answer (29)
4.50
HANCOCK COUNTY, INDI.I.V.A.
thereto, and the parties submit the matter to the court. Whereupon all and singular, the premises being seen, and the evidence adduced by the parties be- ing fully heard and understood. the court do say that the respondent, the said Thomas D. Walpole, is not guilty as he is charged in the first and second specifications aforesaid, and that the said respondent is guilty in manner and form as he stands charged on said third specification. Wherefore it is con- sidered, ordered and adjudged by the court that said respondent, for his mal- practice and misconduct aforesaid, whereof he is convicted as aforesaid, be forever deprived of his franchise and privilege as such attorney and counselor at law as aforesaid, and that he be no more permitted to practice as such, under, or by virtue of his license whereof he is now possessed."
Following this judgment. Walpole "moved the court to arrest and stay judgment upon their finding, and the conviction aforesaid, for the cause that said third specification whereupon said Walpole is convicted as aforesaid is insufficient in law to warrant any judgment thereon." But this entry follows : "And the premises being seen and understood, it seems to the court that said third specification is sufficient to warrant judgment thereon. It is therefore considered that the said Walpole take nothing by his said motion."
On the fourth of April, 1836, a motion was made to admit Walpole to practice for the term then in session. This motion was granted. Four days later a motion was made that he be again admitted to practice as an attorney at the bar of the court. This motion was overruled. On October 6. 1836. Walpole was admitted to practice as an attorney at the bar, but in the presence of the associate judges only. On January 19, 1838. he was admitted in the presence of the full court.
The record does not disclose the specific cause for which he was dis- barred, nor does it show that the order that he "be forever deprived of his franchise" was ever rescinded or erased. Other chapters of this work, how- ever, will show that he did vote many times, and that he put his full portion of ginger into future campaigns.
One is surprised at the number of lawsuits in which Walpole himself was a party, as shown by the records of the court. Frequently he appeared as plaintiff, but more often as defendant. Nor does there seem to have been any statute that limited proceedings against him to civil actions. His name appears as defendant in state cases, and one of the amusing incidents in the record is an indictment returned against him February 17. 1849. for disturb- ing a lawful meeting.
451
THE HANCOCK COUNTY BAR.
ADDITIONAL RULES.
On October 3, 1836, the following additional rules were adopted :
"Parties shall be called within the court house.
"Witnesses may be called from a written list at the door.
"Previous to making an issue, the party bound to answer pleadings al- ready filed may have the papers in a cause until he shall have answered such pleadings.
"After the issue is made up, the clerk shall be held responsible for the pa- pers until the parties announce themselves as ready for trial, at which time they shall be delivered to the party having the affirmative of the issue to be tried.
"The prosecuting attorney must have possession of the papers in all state cases, and must be prepared to mention the names of parties and sureties and witnesses whom he may desire to call promptly.
"Parties must furnish the sheriff with written lists of witnesses whose names are to be called at the bar.
"No paper shall be filed unless it be properly and plainly endorsed in such a manner as to show the title of the suit to which it belongs and the character of the papers."
Some of the attorneys at the bar seem to have been inclined to violate well-known rules of practice, apparently to the annoyance of the court. In consequence thereof, the following order was made at the February term, 1837, by Judge Wick :
"Ordered, that the following rules be observed by attorneys practicing in this court: Personal allusions to counsel, explanations of personal matters, impeachment of the motives, management or justification of the personal mo- tive or allusion thereto, and all other matters merely personal or complimentary or offensive towards the profession in their character, must be avoided in argument. Counsel violating this rule will be stopped and reprimanded, and persisting therein, will not be permitted to proceed."
Other miles have been adopted from time to time, more nearly like the rules that are now observed.
DIVISION OF COURT ROOM.
In all of the older court houses, and, in fact, until 1871, there was no division of the court room for the convenience of attorneys and litigants.
The first division of the court room was made at the February term of court, 18;r. when the following entry was made :
452
HANCOCK COUNTY, INDIANA.
"And it plainly appearing to the court that the room designed for its use and now being used and occupied by it, is still out of repair and without suitable furniture, and in consequence thereof is in such condition as to greatly inconvenience the court and members of the bar, and parties litigant. and re- tard the transaction of business therein. It is therefore now, here, and hereby ordered and directed, that the sheriff of this county shall proceed forthwith to repair said court room, and to put the same in good condition, and to erect a railing so as to separate a proper portion of said room in the east end thereof for the use of the court and the bar, and to furnish the same with suitable for- niture, etc., for the use and accommodation of the judge, jury, clerk, sheriff. and members of the bar of this court, and to have the same completed by the first Monday in June next.
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