USA > Indiana > Hendricks County > History of Hendricks County, Indiana > Part 25
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 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67
" SEO. 5. The Board of Commissioners for the said county of Hendricks shall within twelve months after the seat of justice shall have been selected, proceed to erect the necessary public buildings thereon. They shall also hold a special session on the first Mon- day in May next, for the purpose of appointing an assessor and transacting such other business as may be necessary.
"SEC. 6. The said new county of Hendricks shall form a part of the counties of Montgomery and Putnam, for the purpose of elect- ing senators and representatives to the General Assembly, until otherwise directed by law.
"SEC. 7. The same powers, privileges and authorities that are granted to the qualified voters of the county of Dubois and other counties named in the act entitled 'An act incorporating a county library in the counties therein named,' approved Jan. 28, 1818, to organize, conduct and support a county library, are hereby granted to the qualified voters of the county of Hendricks, and the same power and authority therein granted to, and the same duties there- in required of the several officers, and the person or persons elected by the qualified voters of Dubois County, and other counties named in the said act, for carrying into effect the provisions of the act entitled 'An act incorporating a county library in the county of Dubois, and other counties therein named' according to the true intent and meaning thereof, are hereby extended to, and required of the officers and other persons elected by the qualified voters of the county of Hendricks.
18
Digitized by Google
278 HISTORY OF HENDRICKS COUNTY.
"This act to take effect and be in force from and after its pass- age."
The gentlemen named in this act of the Legislature investigated the clains for the honor of the county seat made by several locali- ties, one of which was at George Mattock's tavern, two miles east of Belfeville, where a town had been laid out, named Hillsboro, but the commission very properly sought an eligible location as near as possible to the geographical center of the county, and on the second Monday in July, 1824, located the capital of the new county on what is, perhaps, the most picturesque, beautiful and eligible situation for a town in the whole county.
The court-house was finished, and the first court held in Dan- ville, in April, 1826. The building was constructed of peeled hickory logs, and cost $147. The jail was of the same material, and was considered impregnable from without and within.
The first County Commissioners were Thomas Lockhart, Gideon Wilson and Littlebury Blakely. They divided the county into nine townships of very equal area, an arrangement many say would have been better to leave intact. There was sufficient population in but four of the townships at that time to give them a civil organiza- tion.
The first representative of the county in the General Assembly was Lewis Mastin.
After the location of the county seat, the commissioners pro- ceeded to make a selection for the site of a court-house and public square for the new town, and a stake was driven by Mr. Lockhart in the center of the beautiful mound upon which the court-house now stands. The stake was driven very near the corner of a sec- tion, and but one of the lots of land which cornered there had been entered. It belonged to Daniel Beals. George Mattock, Robert Wilson and James Downard agreed to immediately enter the other three corners, which they did, and each of these four men donated to Hendricks County twenty acres upon which the town was laid out. Thomas Hinton was appointed Agent of the county, and on the 20th of October, 1824, he placed on file a plat of the town of Danville. The lots were immediately offered at public sale, which continued three days. An order was made by the commissioners for fifteen gallons of whisky to assist purchasers in making their selections and estimating their value. Samuel Herriman, the Coroner, was made cup-bearer on the occasion, and attended to the proper distribution of the refreshments. Lots sold as low as
Digitized by Google
279
HISTORY OF HENDRICKS COUNTY.
$3 and as high as $115. This latter price was paid by Mr. Hulse for the lot on the northeast corner of Main and Washington streets, where Crabb & Parker's store now stands. The lot on the south- west corner brought the next highest price.
FIRST CIRCUIT COURT.
The first terin of Circuit Court held in this county commenced Oct. 25, 1824, and was held "at the house of the late William Ballard." The county was then in the Fifth Judicial Circuit, where it remained for a long term of years. It is now in the Nine- teenth. The Presiding Judge was William W. Wick, whose com- mission was dated Jan. 2, 1822, and signed by Jonathan Jennings, Governor of Indiana. The Associate Judges were Nathan Kirk and James Downard, whose commissions were issued July 26, 1824, by Governor William Hendricks. These officials took "an oath to support the Constitution of the United States and the State of Indi- ana, an oath against dueling, and an oath of office."
Levi Jessup produced his commission as Clerk, and entered into a bond for $2,500, which was signed by himself as principal, and Harmon Hiatt, John Jessup and Samuel Jessup as sureties. Thomas J. Matlock also presented his commission as Sheriff.
Court being organized, Sheriff Matlock "returned into court the following panel of grand jurors: Thomas R. Ballard (who was by the court appointed foreman), Daniel B. Tryer, Jesse Kellum, Pollard Baldwin, Johu Hawkins, David Demoss, Noah Bateman, John Fowler, John Ballard, James Thompson, Abijah Bray, Adin Ballard, Moses Alderson, Thomas Gilbert, David Ross and Samuel Jones."
Jonathan Jessup was appointed to attend the grand jury. Hervey Gregg presented his commission as Prosecuting Attorney. Calvin Fletcher, Gabriel Jones, - Johnson and Daniel B. Wick were appointed to practice as attorneys and counselors at law. These were all the proceedings of the first day.
On the following day Craven P. Heister was admitted to prac- tice as an attorney. Then came before the court the first case, that of Joshua W. Redman vs. Benjamin Benson, for debt. A plea of non est factum was entered, and the case was continued. The other cases brought up were James Brown v8. William H. Henton, Joshua Redman v8. Benjamin Bensou, James Brown v8. William H. Henton. This closed the October terin, the next be- ing in April following.
1
Digitized by Google
280
HISTORY OF HENDRICKS COUNTY.
On the 25th of that month the first case was tried by a jury consisting of James McClure, Abijah Pinson, Ezekiel Hornaday, John Leaman, John W. Bryant, James Dunn, Samuel Woodward, Stephen Cook, Thomas Lockhart, David Demoss, David Ballard and Robert Cooper. The title of the case was James Brown v8. W. H. Hinton, and it was an action for debt. The records show that nineteen witnesses claimed attendance for one day each. The result was a judgment for plaintiff of $30.
A large proportion of the cases before the court for several years were petit criminal ones. The first important criminal case in the county was the trial of Samuel K. Barlow for the murder of George Matlock. Barlow was indicted for manslaughter in February, 1827. tried in August of the same year, found guilty, and sentenced to one year in the penitentiary. He was respited from sentence until the first day of the next term, and Thomas Lockhart, Samuel Jessup, John Ballard and Abel Stanley were bondsmen for his ap- pearance, in the sum of $300.
Nathan Kirk and James Downard, Associate Judges, held the first Probate Court in April, 1825, at which time the wills of Uriah Hults and William Ballard were admitted to probate.
AOTS OF THE BOARD OF COMMISSIONERS.
It is a matter of permanent regret that Book No. 1 of the com- missioners' record, comprising the proceedings from 1824 to the summer of 1831, has been lost beyond hope of recovery, as it con- tained much that was valuable and interesting, and its historical value will grow as the years roll on. Book No. 2 records the pro- ceedings of the board from September, 1831, and we give below the record of the first meeting, containing as it does many quaint expressions and interesting allusions :
"At this first term held under the revised laws of the State of Indiana of 1831 of the Board of County Commissioners for the County of Hendricks, Alexander McCalmant appeared and pro- duced a certificate of his election to the office of County Commis- sioner from the First Cominissioner's District for the term of three years; Reuben Claypool also appeared and produced a certificate of election to the same office from the Third Commissioner's Dis- trict for the term of one year. Thereupon a board was holden at the court-house in Danville, on Monday, the 5th of September, 1831, by Alexander McCalmant and Reuben Claypool. Unani-
Digitized by Google
C
HISTORY OF HENDRICKS COUNTY. 281
mously agreed and ordered that Alexander McCalmant be ap- pointed President of this board.
"James Green, Esq., now produced the following list of fines, to-wit :
State of Indiana ) For an assault and battery. 08.
John Downs.
Fine.
$1.00
State of Indiana ) 08.
For an assault and battery.
John Pearcy.
Fine.
1.00
State of Indiana ) For an assault and battery. 08.
Bilas Rushton.
Fine.
1.00
State of Indiana )
For an assault and battery.
08.
Jesse Rushton.
Fine.
1.00
$4.00
"I do hereby certify the above to be a true return from my docket, this 8th day of August, 1831. Given under my hand and seal. JAMES GREEN, J. P. [SEAL.]
"August the 8th, 1831. Received of James Green, Esq., four dollars of fines by him assessed on sundry persons.
" GEORGE FAUGHT, Treasurer of County Seminary.
"John C. Julien now presents to the board the following list of fines, to-wit :
State of Indiana The defendant fined $1.00 the 7th day of May, 1831; set- 08. tled.
Floyd Todd.
J. C. JULIEN.
State of Indiana The defendant fined $1.00 the 7th day of May, 1831, and 08. settled.
Thomas Chadd.
J. C. JULIEN.
State of Indiana ) Defendant fined $5.00 on the 10th of May, 1881, and paid.
08.
John Caylor
J. C. JULIEN, J. P.
" A petition is now presented by John W. Briant and others for a county road to commence at Stilesville, thence in a northerly direc- tion by way of John M. Smith's horse-mill, on the nearest and best ground to intersect the road leading from Danville to Crawfords- ville, which is received, and James T. Hadley, Erasmus Nichols and Dickerson Thompson are appointed to view a route for said road and report to the next board according to law.
" A petition is now presented by Robert Tomlinson for leave to turn so much of the county road as angles his land, which is re- ceived, and Levi Cook, Charles Reynolds and James Ritter are appointed to view said road and proposed route, and report to the session of County Commissioners as the law directs.
" Whereas at the last session of the General Assembly of the
Digitized by Google
1
282 HISTORY OF HENDRICKS COUNTY.
State of Indiana George Miller was appointed Road Commissioner on two several State roads in this county, and he, the said Miller, has wholly neglected and refused to qualify and act as such Com- . missioner,
" It is therefore hereby ordered by this board that James T. Hadley be appointed to fill the vacancy of said Miller, and that he be clothed with all the powers as fully and clearly relative to said appointment as the said Miller was in his appointment of said Road Commissioner above referred to.
"Job Osborn, Esq., now presents to the board the following list of fines, to-wit :
State of Indiana D8. Profane swearing, one oath, complaint by William Faught, fined $1.00, May 3, 1831, collected.
Curtis King.
" I do hereby certify this to be a true list of fines assessed by me since the last term. Given under my hand and seal, this the 5th day of September, 1831. JOB OSBORN, [SEAL.] "Justice of the Peace.
" A petition is now presented by William Mitchell and others for disannulling the county road that lies north of the State road leading from Danville to Indianapolis, or so much thereof as lies within Hendricks County; was read and referred until to-morrow.
" Edward Strange, School Commissioner, produced to this board a report which is ordered by said board to be filed.
"Ordered, that James Green be allowed 50 cents for making the returns of election from Liberty Township at the last annual election
"Ordered, that William McCalmant be appointed Constable in Washington Township, and that he file his bond in the clerk's office, in the sum of $500,.with sufficient security, before entering on the duties of his office.
" Ordered, that David Stutesman be appointed Supervisor in place of Jasper Vidito, who requested to be released, and that Stutesman work the same district of road and the same hands that the said Vidito was to have done.
" Ordered, that an election be held in Franklin Township for the purpose of electing a justice of the peace for said township, on the second Monday in October next.
"Ordered, that court adjourn until to-morrow morning at nine o'clock. Signed, Sept. 6, 1831.
"ALEXANDER MOCALMANT, President.
Digitized by Google
283
HISTORY OF HENDRICKS COUNTY.
"Tuesday morning, September the 6th, the board met pursuant to adjournment.
"Ordered, that lot No. 1, in block No. 23, be donated to the Danville School Company for the purpose of erecting a school- house thereon.
"The petition presented yesterday by William Mitchell and others was publicly read again and referred to the next meeting of the Board of Commissioners.
"Charles Vertrees now made application for leave to turn so much of the county road leading from Danville to Moorsville as angles his land, and thereupon Samuel Gwin, Jacob Waggoner and Philip Koom were appointed to examine into the expediency thereof and report to the next board.
" A petition presented by J. C. Julien and others at the last Board of County Commissioners for disannulling so much of the county road leading from Danville to Indianapolis as lies within this county and south of the State road was again read, and no ob- jection thereto being made, it is therefore ordered by this board that said road be disannulled.
"John C. Julien and Thomas Nichols having each this day pro- duced to the board a certificate of good moral character, ordered, therefore, that the said Julien and Nichols be authorized and licensed to open houses of entertainment and retail spirituous liquors at their establishments in Danville, on their further and full compliance with the statue [statute] of Indiana in such cases made and provided.
" Ordered, that Isaac Williams be appointed Constable in Center Township, and that before entering on the duties thereof he file his bond in the clerk's office in the sum of $500.
"Ordered, that J. C. Julien be allowed $10.874 for holding an inquest over the dead body of an infant found in the town of Dan- ville, and for furnishing burial, etc., for said infant, aud also for paying off all costs that accrued about said inquest.
"Ordered, that Samuel McPheeters rebuild the estray pen in Danville so as to be sufficient to hold estrays, also to supply the gate of said pen with a good lock and attend to said pen or pound, as the law requires a pound-keeper to do, the said repairs to be done by the first Monday in October next.
"Ordered, that Duncan Mauzey furnish the court-house in Dan- ville with good, sufficient and neat conductors and figureheads, and
Digitized by Google
284 HISTORY OF HENDRICKS COUNTY.
that he be allowed the sum of $59 for the same, due and payable on the first of January, 1832.
" Ordered, that the sheriff of Hendricks County notify James L. Givan and Thomas Hinton, former agents of said county, to attend at the next Board of County Commissioners for the purpose of making settlement with the county, as there appears to us of record to be a balance in their hands.
"Ordered, that Thomas Nichols be allowed $9 for house rent, making election returns to Martinsville, repairing the jail-house steps, and 50 cents he paid out in sending for an associate judge at the April term of the Circuit Court.
Ordered, that the sheriff forthwith sell the property left in his hands by Tyrol Winters, who was confined in the county jail and who has made his escape therefrom, and that the proceeds arising from the sale thereof be made use of to defray the expense of said Winters whilst in jail.
"Ordered, that the board adjourn until court in course. "Signed, Sept. 6, 1831.
" ALEXANDER McCALMANT, President."
The next session of the board was held Nov. 7, following when there was present Reuben Claypool and Jacob Keneday, the latter having been elected from the Second District for a term of two years. Reuben Claypool was appointed President pro tem. John S. Hardesty and Isaac Ash were licensed for one year to sell "spirituous liquors and foreign and domestic groceries." Charles Vertrees and Robert Tomlinson were granted permission to turn the county road opposite their farms. Absalom Snoddy, Jeremiah Stiles and James Walls were appointed Trustees of the school sec- tion in township 14 north, range 2 west. James Anderson was allowed $2.62 on account of illegal assessments filed by him for 1830. Christian Hartman reported fines collected as follows : From Hiram Stewart, "committing an affray." $2; Felix Decern, "swearing profane oath," $1; Francis Decern, same offense, $1.
N. G. Conduitt and S. T. Hadley were appointed "to relook the agent papers and resettle with Thomas Hinton and J. L. Givan, said settlement to be attended to on the first day of December next, and report to next Board of County Commissioners the result of their settlement." Duncan Mauzy was allowed $6 for house rent. Edward Railsback, Justice of the Peace, presented a certificate reading as follows : "This is to certify that I fined Aaron Gamble
Digitized by Google
HISTORY OF HENDRICKS COUNTY. 285
$1, for an affray with Bartis Boots, of Marion County, Ind., which affray took place on the 21st of May, 1831."
On the second day of the session there was present a full board : Alexander McCalmant, Reuben Claypool and Jacob Keneday. Polly Faught was allowed $5.51 for keeping B. F. Stewart (a pauper) two months. This was cheap boarding, amounting to but 65 cents per week. William S. Crawford, County Treasurer, made a report to the board, which, being the oldest treasurer's report on file, is here given, briefly :
Receipts and expenditures since the 1st of May, 1831, to Nov. 7,1831 :
RECEIPTS.
May 14. Keller & Vandike, for license. $5.00
June 4. Alexander Little, 10.00 "
July 4. T. M. B. & Co ...
2.00
Aug. 8. Spencer, Gregory & Co 5.00
" 23. Isaac, for a permit.
.25
Sept. 8. John Hardesty, for a permit.
.8116
8. Isaac Ash, for a permit.
1.62%
Oct. 8.
P. S. Dicken, for license
5.00
8. James L. Givan & Co .. 10.00
15. Charles Smith, for license.
2 50
"
21. James Anderson, collector
50.00
Nov. 3.
T. & S. Wood, for license
5.00
7. Isaac Ash, for license.
10.00
7. John S. Hardesty, for license
5.00
$112.18%
CREDITS.
Paid out for various county orders which are herewith presented. $96.4414
Cash on hand. 15.00
$111.4434
These accounts do not exactly balance, but the difference is not large enough to suggest a defalcation. Following are the orders referred to in the credit statement :
Thomas Nichols $7.06)
William Thomas. $3.50
James Matlock. 27.77
T. & S. Wood. .50
George Rushton.
1.00
James Trotter. 2.50
John Spicklemire 2.50
James Trotter. 2.50
James Gibson.
.50
John Matlock 2.50
James Green.
.50
John Matlock. 2.50
John Fowler
1.00
Charles Johnson 1.00
Preston Pennington
4.50
Jesse Davis
.50
James Wood
.50
Jesse Davis.
.50
Daniel Austin
.50
Naylor & Mauzey .
9.8616
John Fowler.
4.50
Tuomas Lockhart.
1.00
Jesse Davis
2.00
Erasmus Nichols 1.00
John C. Julien.
10 8736
$96.57%
James Trotter. $2.50
John Spicklemire. 3.00
Henry Ramel was appointed Constable in Center Township.
Digitized by Google
286
HISTORY OF HENDRICKS COUNTY.
Henry G. Todd was allowed $2 for attendance upon Judith Stewart while confined in the county prison. Charles C. Bell, James Lo- gan and James Hayden were appointed viewers to report upon the advantages of continuing or "disannulling" the part of the county road from Danville to Indianapolis above referred to. William Hooser was appointed Supervisor in place of Wakefield Trotter, removed. The " talismen" on the trial of Judith Stewart were allowed $1. Richard Cruse was allowed 50 cents for house reut. The clerk was allowed $35 for extra services during the year pre- vious, and the sheriff was allowed $40 on the same account. Thomas Nichols was allowed $40 for "dieting and attending to" Judith Stewart and George Henry, while confined in jail, and for. house rent. S. T. Hadley was allowed $1 for paper furnished during the sittings of the Circuit Court. Thomas Nichols was directed to "have the jail repaired so as to confine the prisoners when ar- rested." "Ordered, that P. S. Dicken pay over to the County Treasurer $1.60 for plank made use of by said Dicken which be- longed to the county. Ordered, that the contractors of the court- house be allowed the privilege of putting a wooden floor in the clerk's office room, in lieu of a brick one, by making a large brick hearth." Thomas Nichols was appointed Supervisor in place of George Miller, removed.
At the ensuing term, beginning Jan. 2, 1832, George Faught reported that the seminary fund amounted to $221.69}, at six per cent. interest. He was reappointed Treasurer of the fund. From the report of John C. Julien, Justice of the Peace, we see that Andrew Marshall was fined $1 for assault and battery, and $2 for "swearing two unlawful oaths;" William H. Lyon, 50 cents for "an unlawful assemblage;" William Britain, 50 cents for the same offense; and Nathaniel Britain $2 for assault and battery, and $3 for "swearing two unlawful oaths." Robert Ragan was appointed County Surveyor. Thomas Samuel made a proposition to assess the county for a compensation of $30, and his offer was ac- cepted. Naylor & Mauzey were allowed $1,000 for a payment on the court-house, and $8.82 for interest.
"Ordered, that the sheriff of Hendricks County procure the following weights and measures for the standard of the county as soon as funds can be obtained from the treasury, to-wit: One measure of one foot or twelve inches, English measure, so called; one measure of three feet, or thirty-six inches; one-half bushel, for dry measure, which shall contain 1,075 1-5 solid inches ; one gallon
Digitized by Google
HISTORY OF HENDRICKS COUNTY.
287
measure, which shall contain 231 solid inches (the above measures shall be of wood, except the gallon, which shall be of tin); also one set of weights, commonly called avoirdupois weight, and sealed with the initial letters of the county inscribed thereon.
"Ordered, that the rate of tax for the present year be as fol- lows : On each poll, 50 cents; horse, 37g cents; yoke of oxen, 37} cents; silver or pinch-back watch, 25 cents; gold watch, 37} cents; pleasure carriage, 25 cents; brass clock, 374 cents; 100 acres of first-rate land, 40 cents; 100 acres second-rate land, 30 cents; 100 acres third-rate land, 20 cents.
"Ordered, that every vendor of wooden clocks in the county shall procure a license at $5."
James T. Hadley, County Agent, reported money collected and paid to the county treasurer amounting to $505.163; and paid to the treasurer of Hendricks County Library, $23. Mr. Hadley was allowed a commission of en per cent. on all collections, and was ordered to "give indulgence on all moneys due the county un- til the first day of February next." Edward Cooper was appointed Overseer of the Poor in Liberty Township, in place of Simon Moon. William S. Crawford, Treasurer, reported the receipts for the pre- ceding three months to be $545.561; expenditures, $378.264.
At the March term, the most interesting business transacted is condensed in the following :
David Demoss, Braselton Brown and Jonathan Moffitt were ap- pointed Trustees of the school section in congressional township 14 north, range 1 east. Christian Hartman, Justice, made a re- port of fines which is worth copying, punctuation and orthograpy intact :
"State vs. John Fowler, Jr. Fine one dollar on the 6th day cf November last past salt an batery $1.00.
"State v8. Thomas Fowler. Salt & battery on the 6th day of November 1831 fine $1.00.
" State vs. George Hase, Isaac & William Hase at a Ront on the 11th day of December fine the sum of one Dollar each $3 00.
"State v8. James Slavens Salt and batery comt. on the 28th of January 1832 fine replevied $1.00.
"State v8. Thomas Heather Jun. committing a rout on the 25th of February 1832 fine $1.00.
"State v8. Thomas Heather Sen. Commitg salt an batry on the 25th Feb. 1832 fine $1."
An additional justice was ordered elected in Franklin Township
Digitized by Google
288 HISTORY OF HENDRICKS COUNTY.
the first Monday in April following. James T. Hadley, County Agent, reported collected and paid to the county treasurer the additional sum of $262.414, and to the treasurer of the County Library fund (David Matlock), $28. "Christian C. Nave pre- sented to this court a license licensing him to practice in the Circuit Court and all inferior courts in this State as a counsellor and attorney-at-law, and was sworn to support the Constitution of the United States and the Constitution of the State of Indiana, and faithfully discharge his duty and honestly demean himself as a counsellor and attorney-at-law to the best of his knowledge."
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.