History of Hancock county, Indiana; its people, industries and institutions, Part 42

Author: Richman, George J
Publication date: 1916
Publisher: Indianapolis, Federal publishing co., inc.
Number of Pages: 1272

USA > Indiana > Hancock County > History of Hancock county, Indiana; its people, industries and institutions > Part 42

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"And the court hereby appoints Henry A. Swope, clerk of this court, and William R. Hough, a member of the bar thereof. to act in conjunction with said sheriff in determining in what manner and style said repairs and improve- ments, and furniture shall be made and furnished, and the same shall be made. done and furnished in the manner and style that they, the said sheriff, or either two of them shall determine."

Since that time we have grown accustomed to the railing across the room.

COURT STENOGRAPHERS.

The first law providing for shorthand reporters for the courts was passed in 1873. Prior to the passage of this act no evidence was kept in minor cases. For the more important cases, when parties demanded it, the court appointed one of the lawyers to take notes on the evidence submitted. who then wrote the same out in long hand. William R. Hough has in this manner prepared the evidence for the supreme court in many cases. The court record also shows that in 1871. an allowance of forty dollars was made to Charles G. Offutt for reporting the evidence in the case of State vs. Duncan.

W. E. Scott was the first official resident court reporter. He was ap- pointed by Judge Martin in 1888. In 1804. Judge Offutt appointed Charles F. Reeves, who served for thirteen years under Judges Offutt. Felt and Mason. Mrs. Maggie Pitts served for about a year at the close of Judge Offutt's term and the beginning of Judge Felt's term. Charles E. Walker was appointed by Judge Mason and has now served about nine years under Judges Mason and Sample.

STENOGRAPHERS IN LAW OFFICES.

Until about twenty-five years ago all pleadings and other papers were written in long hand by the attorneys. Stenographers were first employed

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in the law offices at Greenfield in 1891. Marsh & Cook, who were enjoying a very lucrative practice, employed Margaret O'Donnell, now Mrs. James R. Boyd. in September, of that year. After the death of Mr. Marsh in 1905, the firm of Cook & Cook was formed, and since the death of William Ward Cook in 1913. the business of the former firms has been carried on by Cook & Walker. Following are the names of the stenographers who have been em- ployed in this office: Margaret O'Donnell, September, 1891-November, 1801: Nettie Adams, July, 1892-February, 1901 : Pearl Wood, March, 1901- February, 1903; Nora Chandler, February, 1903-September, 1903: Bertha Cockayne, October, 1903-February, 1904; Mrs. L. G. Shaw, February, 190.4- July, 1904: Emily Woodall, July, 1904-June, 1905: Martha Johnson, July, 1905-March, 1906: Clara Rynerson, March, 1906-August. 1906; Stella Thompson, August, 1906-July, 1908; Elizabeth Kissell, August, 1908-Sep- tember, 1908; Stella Thompson, September, 1908-August, 1909: Lillian Char- les, .August, 1909-June, 1912; Hildred Walker, July, 1912, to the present time.

Several of the stenographers named above also worked in other law of- fices, some of them for a period of years. Miss O'Donnell, for instance, was in the office of John H. Binford for eight years or more. Following is a list of the stenographers who have been employed in other law offices at Green- field since 1891:

Nora Chandler ( Roberts) Spencer & Binford

Mattie Brown

Felt & Jackson

Carrie Porter Mason & Jackson

Grace Van Tilberg Binford & Walker

Ethel Hamilton Felt & Binford

Ola Thompson

John H. Binford

Mabel Pettigrew Jackson & Sample

Bertha Justice ( Bragg )

William .A. Hughes

Stella Tront

James Reed

Eva Hendren ( White )

James Reed

Mabel C. Payne

James Reed

Margaret Gorman

James Reed

Elizabeth Kissell ( Thomas)

Sanford & Glascock

Mrs. Anna Phillips Sample & Jackson

Ruth Fort McCullough & Welborn

Mrs. Ada O. Frost Samuel J. Offutt

Daisy Finnell William A. Hughes

Hazel Amick ( Thomas)

Chauncey Duncan

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Ethel Nicely

Jackson & Glascock

Beulah Jackson

Paul F. Binford

Marie Latshaw

Samuel J. Offutt

Mrs. Pearl Gibbs Paul F. Binford

LAW LIBRARY.

The splendid law library to which the attorneys have access at the court house has been collected within the last thirty-five years. On the eighth day of June. 1882. the court, on its own motion ( Judge Forkner on the bench ). ordered that James A. New. Israel P. Poulson and Augustus W. Hough be added to a committee that had been theretofore appointed by the judge of the court. to sell the extra volumes of the Indiana Reports and to purchase the New York Reports, and to report their doings, etc., etc.

On the fifth day of January. 1886, this committee reported the sale of forty-eight volumes of the Indiana Reports. They also reported the purchase of thirty-three volumes of the New York Reports. The committee further "shows that the reason why this matter was not promptly closed up was that Bowen. Stewart & Company agreed at the time said purchase was made to . furnish the digest for said reports under contract as they were compiled and published, for which said balance was to be expended. . And he said that said digests were not furnished, hence the funds retained therefor are still on hands, and that with this unfulfilled promise died the recollection which the committee had of the details of their proceedings and doings." This report was made by James .A. New, a member of the committee.

On the fifth day of April. 1887. Ephraim Marsh. Israel P. Poulson and James A. New, "committee on the Hancock County Law Library." submit- ted another report of their doings as such committee, which was approved by the court, and which showed that additional law books had been purchased from the Bowen-Merrill Company. The purchase of the New York Reports, as above stated, seems to have been the first step towards getting a library of general reference. The National Reporter System was started in 1885, and soon the first volumes of these reports were placed on the shelves. Other pub- lications were added as they came from the press, including the Federal Re- ports, the Lawyers' Reports Annotated. the Centennial Digest. the Decennial Digest. Encyclopedias, etc.

AS SCHOOL EXAMINERS.

In the early history of the county the lawyers held a prominent place in the educational work of the county. They were frequently appointed to

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examine teachers as to their fitness and qualifications. Thomas D. Walpole was appointed by the circuit court in 1842, Township examiners were ap- pointed in 1845, but in 1850 the circuit court again appointed an attorney, R. A. Riley. Following the enactment of the County Examiner's law, the board of county commissioners of Hancock county appointed the following lawyers as "examiners :" James Rutherford, 1853: R. A. Riley, 1856: James L. Mason, 1857 ; William R. Hough, James L. Mason and David VanLaning- ham, 1859; William R. Hough. 1860; M. C. Foley, 1864: James .A. New, 1871.

IN POLITICS.

The attorneys have always taken an interest in politics. Thomas D. Walpole. R. A. Riley and David S. Gooding were among the first to become established in the county, and they were politicians. Walpole and Gooding were at first Whigs. Riley was a Democrat until the repeal of the Missouri Compromise in 1854. In the latter fifties Gooding and Walpole were Dem- ocrats and Riley was a Whig. With the opening of the Civil War. James L. Mason became a leader of the Democrats, while Gooding and Riley becanie prominent in the Union party. William R. Hough also sat in the councils of the Union party. He became active as a Republican in the early seventies when he served two terms in the state senate. Lemuel W. Gooding was also active in the Union party during the war and remained active as a Repub- lican for several years after the war. Ile was chairman of the Republican county central committee in 1867-8. Montgomery Marsh was an active Dem- ocrat all his life. Tle, by the way, was also the chief agitator in stirring up interest in the gas situation in 1886. Charles G. Offutt and Ephraim Marsh entered the political arena a few years after the war and remained active Democrats for thirty-five years. Stokes Jackson, it may be said, entered the legal profession through politics. Judge Felt has been a successful politician and has held public office probably more than half the time since entering the profession. R. A. Black was a prominent Republican and William A. Hough's name is frequently mentioned in Republican circles among the eligibles for Congress. Practically all members of the bar now take an active interest in politics. They never refuse to serve their respective parties with their best judgment, nor do they shun the responsibilities of public office when the importunity of friends becomes irresistible.

TEMPERANCE CAMPAIGN OF 1874.

One of the interesting incidents in the history of the war developed dur- ing the temperance campaign in the county in 1874. The Temperance

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Alliance, a ladies' organization, had been effected in Greenfield, and a mass meeting of the citizens was being held at the Methodist Episcopal church on Sunday evening. March 8. The church was filled to overflowing and many of the lawyers were present. Temperance pledges were being presented and signed in all parts of the room. But the ladies had prepared a special pledge for the attorneys, wherein they were to agree not to defend any person charged with a violation of the liquor laws. One or two of the attorneys. it seems. signed the pledge, but the others refused to do so. The matter was discussed in meeting and several of the attorneys expressed their views on this pledge. Ephraim Marsh and Charles G. Offutt both spoke at length upon the matter. As reported in the Hancock Democrat. Mr. Marsh said "he was in favor of temperance in all things, but was not prepared to say which was the right way. When he came to a conclusion all the ladies had to do was to show the way and he would follow. As to the pledge prepared for the lawyers, he would not sign it under any circumstance. All criminals were entitled to a fair and impartial trial, and to be heard in person or by counsel. This being the case, and he being a lawyer. he could not consent to place himself in a position not to accept employment in any case at the bar, if he desired to do so."

Mr. Offutt spoke as follows:

"Mr. Chairman: In response to repeated calls awhile ago 1 arose simply to offer an apology for not attempting to make a speech. I thought then that inasmuch as I had not yet complied with the request of the ladies who presented the pledge to me. by affixing my name thereto, that I should on the occasion remain silent. But, sir, since then some things have been said which would seem to demand a reply from me. It pained me exceedingly to hear my brother of the bar, in his zeal and excitement, attempt to cast a stigma upon the many worthy members of the bar who declined to sign a certain paper. which I recognize to be in the handwriting of the gentleman, pledging themselves, in effect, not to take the cause of persons charged with violating the 'Baxter bill.' That paper was presented to me, and. for reasons entirely satisfactory to myself. I declined to sign it, and 1 still decline. So far as [ know but two members of the bar have signed it. 1 hokl that an attorney has the right to engage in the defense of any man, woman or child charged with a crime without being liable to just censure from any quarter. The fundamental law of the land declares that in all criminal prosecutions the accused shall have the right to be heard by himself and counsel, and that the presumption of innocence is in his favor. Sir, because a man is charged with a violation of law, be it the 'Baxter bill' or any other. it doesn't necessarily

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follow that he is guilty, not by any means. The only way to determine his guilt is by placing him upon trial before a tribunal competent to inquire into his case. And how shall the trial be conducted? The state furnished counsel to prosecute him. Shall he be denied the right to employ counsel in his defense? Or shall his counsel be proscribed because they see that if their client is convicted that conviction is obtained according to law. Again, can it be said that because an attorney engaged in the defense of a man charged with a violation of the liquor law that the attorney is in favor of intemper- ance? I think not. As well might you say that because an attorney defends a man charged with the larceny of a horse that he is therefore in favor of horse stealing. Just as well say, sir, that if a man engages in the defense of a murderer that he is in favor of taking human life. It is not the duty of an attorney to make a defense for a man charged with a crime by suborning witnesses, misleading a court or jury as to the facts or the law of the case : but it is his duty to protect the interests of his client by all fair and honorable means and to the best of his ability. Ile is sworn to do this. Shall he be recreant to his oath, and thus advertise himself to the world as unworthy of the confidence of honest men? Sir, so far as I am concerned. I have never refused the cause of a man charged with any crime, and I propose to pursue that course in the future. 1 conceive it to be honorable and right. As far as the temperance question is concerned. I think it is admitted by all candid men that temperance is right and intemperance arong. It is not necessary that I should stand here and declaim against the evils of intemperance. . AH! men everywhere admit it to be the great foe of mankind. The veriest wretch that ever drank destruction to his own soul will tell you that his course is not to be approved or followed. No man can engage in the use of intoxicating liquor to an excess, and not finally destroy his constitution. It shatters the physical man and lays the mind in ruins, and whatever others may say. I know that no man in this audience would more heartily rejoice over the success of any plan that would stay the fearful tide of intemperance sweep- ing over the land. than 1. And, sir, I think this is a most favorable time for the ladies to accomplish great good. No political party, as my friend. Captain Ogg, has said, is opposing their movements. Good people every- where are wishing them success, and if they go about their work in the spirit of Christianity, love and kindness their efforts may be crowned with suc- cess. It won't do to proscribe men or treat them harshly for their views, but reason with them, treat them kindly, convince them that it is to their inter- ests to be sober and upright, that the good of society demands that they

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should give up a business which yields only poverty, disgrace and crime. and. my word for it, your success will be great."

Mr. Offutt was heartily applauded at the close of his remarks.

RESOLUTIONS OF RESPECT AND CONDOLENCE.

It has long been the custom of the attorneys to adopt resolutions of respect and condolence upon the death of any member of the bar. The first resolutions of this nature that appear of record were adopted upon the death of George Y. Atkison.

.At the .August term. 1869, Reuben .A. Riley presented the following motion in writing :

"STATE OF INDIAN.1 ! SS: "COUNTY OF HANCOCK 1 IN THE HANCOCK CIRCUIT COURT, AUGUST TERM, 1869.

"Whereas, the Hon. George Y. AAtkison, a member of the bar of this court, and long a resident citizen of the county, at six o'clock, P. M .. on the 23d day of July, 1869. departed this life,

"Therefore, in respect to his memory and in deference to the feelings of the court and its officers, and the members of the bar.

"I move the court that a committee of three be appointed to prepare suit- able preamble and resolutions in memoriam, to be spread upon the record, and that they report tomorrow morning.

"August 10. 1869.

R. . \. RILEY."

This motion was seconded by D. S. Gooding, and ordered to be spread of record. The court appointed R. A. Riley, D. S. Gooding and Montgomery Marsh, a committee to prepare suitable resolutions in this behalf, and to report the same on the following morning.

The resolutions of the committee were accepted and spread on the record of the court. Since that time it has become the custom to take such action upon the death of a member of the bar or of a county officer.

THE PRACTICE.

It is not the intention in the following paragraphs to attempt to indicate phases of the practice upon which lawyers have been dependent for a liveli- hood. No lawyer can maintain himself in the profession in this county by depending upon special lines of work such as indicated below. If he does not have at least a fairly liberal share of the general practice in the county, his experience as a lawyer will be short lived, unless he has other means of

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support. Frequently, however, movements are started in the county that are of particular interest to the profession because of the amount of legal work occasioned by them. It is just some of these things that are indicated below.

The cases that came up for trial during the first few years of the court's history were very similar to the cases that are now tried before justices of the peace. Criminal cases included charges of assault and battery, affrays. gaming, gambling, etc. The grand jury on September 18, 1829. returned three indictments for assault and battery and five for affray. Twelve indict- ments were returned for gambling on February 25. 1838. On several occa- sions officers were charged with neglect of the duties of their office, and on September 1, 1830, the first divorce was granted. While little criminal cases took a part of the time of each term, there were also lesser civil actions on notes, contracts, debt, assumpsit, etc. There were very few damage suits ; in fact, a suit for the recovery of as much as five hundred dollars was not brought until after the court had been organized for several years.

Land titles were not litigated to any extent until twenty-five or thirty years after the organization of the county. In the settlement of estates of course land was sold, but there were very few partition suits and scarcely no suits to quiet title until within a decade of the Civil War. In fact, such litigation did not become a source of ntuch revenue until about the time of the Civil War or a little later.

.As will be noted elsewhere, a period of marked improvement began with the close of the war in the drainage of the land and building of roads. Drainage companies were organized in all parts of the county for the con- struction of large outlets. Turnpike companies were also organized for the improvement of the principal highways. These lines of general improvement gave rise to numerous questions, and became fruitful sources of litigation for several years. Drainage, in fact, has ever since that time remained an im- portant part of the practice. For a number of years the people of the county were engaged in constructing large open drains, and since the manufacture of large tile, legal work has continued in the construction of covered drains.

Following the passage of the Three-Mile Road law in 1905. road con- struction again occupied the attention of attorneys for several years.

The proximity of Greenfield to the city of Indianapolis has for many years given the "venue business" a very important place in the history of the legal work of the county. This work has been enjoyed chiefly by the older members of the bar.

The preparation of abstracts of land titles and the examination of such

HANCOCK COUNTY, INDIANA.

abstracts have become important phases of the lawyer's work within the last thirty years. The meager and carelessly constructed abstracts of twenty-five and thirty years ago will no longer pass the scrutiny of the present-day law- yer. Technicalities are assuming such importance that the examining lawyer hardly knows where to draw the line to protect his client against having the abstract "turned down" by some one else, in case he wishes to sell the land in the future. The examining lawyer may know full well that the technical defect cannot possibly jeopardize the title. Yet he does not know how reason- able or unreasonable the next examiner will be. Certainly he does not want to have it appear at some future time that he was ignorant of the technical defect, and on the other hand he wants to protect his client against any pos- sible unreasonableness of another attorney who may pass upon the title. Hence, the tendency is growing among lawyers of requiring abstracts to be free from all defects, whether serious or merely technical, before they recom- mend the title.

Collections, which formerly constituted an important feature of the law- yer's work, have now been taken over in large measure by the banks. This is especially true of collections on promissory notes.

In some localities trust companies are also taking over much of the probate business. This is not true. however, in Hancock county. Probate matters have always constituted a very important part of the lawyer's work in this county.

A RETROSPECTIVE VIEW.

The majority of attorneys admitted during the first years of the county's history were Indianapolis attorneys. Others whose names appear upon the roll came from Noblesville. Shelbyville. Richmond and Muncie. "Circuit riders" followed the judge from court to court in the judicial circuit. Calvin Fletcher. Ovid Butler and the Browns were Indianapolis attorneys. James B. Ray and Abram Hammond, both of Indianapolis. transacted quite a large amount of legal business before the court in its early history. Both of these men later became governor of Indiana. The appearance of Christian Nave and William Quarles is noted in many cases. Quarles, especially, attended many terms of court. He was from Indianapolis.

Thomas D. Walpole was first resident attorney who grew into prom- inence. lle had a checkered career as an attorney and politician. Shortly before the Civil War be removed to Indianapolis. While in Greenfield he lived in the property now occupied by Dr. Edward Howard, just east of the New building.

THOMAS D. WALPOLE

REUBEN A. RILEY

DAVID S. GOODING

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George W. Julian lived in Greenfield for several years. He came from Wayne county and later returned to that county. He was rather a prominent attorney and served a term or two in Congress.

The names of D. M. C. Lane. Reuben A. Riley. James Rutherford and David S. Gooding were added to the list of local attorneys during the forties. Lane's name appears in the record frequently for several years, but he does not seem to have attained any special distinction at the bar. James Ruther- ford was in turn, county school examiner, clerk of the court, and practicing attorney. He is said to have been a very scholarly man, but he became dis- sipated and his life was cut short. Renben .A. Riley was a practitioner for almost half a century. He and Rutherford were partners for a short time about 1848. Several of the younger men read law in his office, and later he and William R. Hough were partners for a time. Mr. Riley was not only in able, conscientious lawyer, but he took a general interest in public affairs. Some of his poems and speeches that still remain in print show him to have been gifted along several lines. David S. Gooding was a successful trial lawyer, but he gave a great deal of attention to politics. He possessed a good presence, was an able speaker, and for a time had a remarkble influence in the county.

During the fifties James L. Mason, Montgomery Marsh, Lemuel W. Gooding. William R. West. David VanLaningham, William R. Hough and George Y. Atkison were added to the number of local attorneys. James L. Mason became a prominent Democrat during the war. and built up a lucra- tive practice during that time. A number of later attorneys read law in his office. He came from Union county and taught school in Greenfield for several terms. Montgomery Marsh possessed rather limited attainments as an attorney, but took an active interest in public affairs, and especially in pol- ities. Lemuel Gooding served one term as county recorder, also one term as district attorney, in which he was very successful. Hle and his brother. David S .. were partners for a time, but David seems to have been in politics so much that Lemuel hung out a shingle of his own. When the temperance fights came on in 1859. and following. David VanLaningham usually rep- resented the liquor interests, and Reuben \. Riley the remonstrators. William R. Hough came prominently into the practice during the Civil War. Good- ing was in politics, Riley was at the front, and this left the legal field very largely to Hough and James 1. Mason. The record of these years attests the fact that Mr. Hough was an unusually successful lawyer. In following matters up in the circuit court or before the county commissioners, one almost develops the habit of expecting to see the cause he represented successful.

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ludge West served one term as county recorder. The commissioners' record -. as well as the court records, show that for a time he had a pretty fair prac- tice. George Y. Atkison was a farmer and a man of general affairs. He was a man of unusual influence in the county, but he scarcely ever fought his legal battles alone.

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History of Hancock county, Indiana; its people, industries and institutions, Part 42

Author: Richman, George J Publication date: 1916 Publisher: Indianapolis, Federal publishing co., inc. Number of Pages: 1272

Author: Richman, George J
Publication date: 1916
Publisher: Indianapolis, Federal publishing co., inc.
Number of Pages: 1272