USA > Indiana > Hendricks County > History of Hendricks County, Indiana > Part 36
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Privates.
Costen, John, mustered in Feb. 15, 1865; out Sept. 5, 1865. Clark, J. F., mastered in Feb. 15, 1865; out Sept. 5, 1865. Heney, J. W., mustered in Feb. 14, 1865; out Sept. 5, 1865. Hole, J. A., mustered in Feb. 15, 1865; ont Sept. 5, 1865. Paul, Joseph, mustered in Feb. 14, 1865; out Sept. 5, 1865. Seiger, Charles, mustered in Feb. 16, 1865; out Sept. 5, 1865. West, H. J., mustered in Feb. 14, 1865; out Sept. 5, 1865. West, L. R. mustered in Feb. 15, 1865; out Sept. 5, 1865.
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COMPANY F.
Finton, Simon, mustered in Feb. 13, 1865; out Sept. 5, 1865. Finter, James, mustered in Feb. 10, 1865; out Sept. 5, 1865.
Hendricks, Alexander, mustered in Feb. 14, 1865; out Sept. 5, 1865.
Luke, Samuel, mustered in Feb. 14, 1865; out Sept. 5, 1865. Magley, Jacob, mustered in Feb. 13, 1865; out Sept. 5, 1865. Neiffing, Nicholas, mustered in Feb. 13, 1865; out Sept. 5, 1865. Smith, W. B., mustered in Feb. 14, 1865; out Sept. 5, 1865.
COMPANY G. Non Commissioned Officer.
Stephen Fowler, mustered in Feb. 14, 1865; out as Sergeant Sept. 5, 1865.
Privates.
Brown, M. D. L., mustered in Jan. 31, 1865; commissioned Sec- ond Lieutenant Company C.
Corey, Joseph, mustered in Jan. 28, 1865; out Sept. 5, 1865. Cottrell, W. M., mustered in Feb. 3, 1865; deserted Feb. 10, 1865. Garrety, John, mustered in Feb. 13, 1865; deserted Feb. 15, 1865. Hook, G. W., mustered in Feb. 2, 1865; out Sept, 5, 1865. Morley, Ralph, mustered in Feb. 13, 1865; out Sept. 5, 1865. Millspaugh, B. C., mustered in Feb. 11, 1865; out Sept. 5, 1865. Oswald, C. A., mustered in Feb. 11, 1865; out Sept. 5, 1865. Rea, Ellis, mustered in Feb. 11, 1865; out Sept. 5, 1865. Rollin, G. W., mustered in Feb. 7, 1865; out Sept. 5, 1865. Wenninger, Philip, mustered in Jan. 31, 1865; out Sept. 5, 1865. Wilson, Jacob, mustered in Jan. 28, 1865; deserted Jan. 31, 1865.
COMPANY H. Non- Commissioned Officer.
A. T. Hart, mustered in Feb. 20, 1865; out as First Sergeant Sept. 5, 1865.
Privates.
Kelley, Michael, mustered in Feb. 16, 1865; deserted March 1, 1865.
Nichols, C. F., mustered in Feb. 11, 1865; deserted March 1, 1865.
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COMPANY I.
Non-Commissioned Officers.
Thomas Vessels, mustered in Feb. 16, 1865; out as Corporal Sept. 5, 1865.
H. B. Edwards, mustered in Feb. 16, 1865 ; out as musician Ang. 23, 1865.
Peter Francis, mustered in Feb. 15, 1865; out as musician Sept. 5, 1865.
Privates.
Anderson, John, mustered in Feb. 15, 1865; deserted March 10, 1865.
Alvey, J. P., mustered in Feb. 16, 1865; out May 12, 1865.
Baldin, James, mustered in Feb. 16, 1865; out Sept. 5, 1865.
Bowers, E. H., mustered in' Feb. 16, 1865; out Sept. 5, 1865.
Courtney, Henderson, mustered in Feb. 15, 1865 ; out Sept. 5, 1865.
Dennan, Dennis, mustered in Feb. 17, 1865 ; out Sept. 5, 1865. Dollabite, T. C., mustered in Feb. 15, 1865; out Sept. 5, 1865. Garrety, John, mustered in Feb. 13, 1865; out Sept. 5, 1865. Jones, U. E., mustered in Feb. 15, 1865; out Sept. 5, 1865. Luke, W. R., mustered in Feb. 16, 1865; out Sept. 5, 1865. Marley, Ralph, mustered in Feb. 13, 1865; out Sept. 5, 1865. Phipps, J. A., mustered in Feb. 15, 1865; out May 13, 1865. Phipps, T. L. R., mustered in Feb. 15, 1865; out Sept. 5, 1865. ( Rich, J. D., mustered in Feb. 16, 1865; out Sept. 5, 1865. Trent, S. R., mustered in Feb. 15, 1865; out Sept. 5, 1865. Tyler, Preston, mustered in Feb. 17; 1865; out Sept. 5, 1865. : Tyler, C. W., mastered in Feb. 17, 1865 ; discharged May[11, 1865.
COMPANY K. Officers.
S. J. Banta, commissioned Captain Feb. 25, 1865; "mustered out with regiment.
J. M. Odell, commissioned First Lieutenant Feb. 25, 1865, mnIs- tered out with regiment.
Non-Commissioned Officers.
Matthew Lockwood, mustered in Feb. 16, 1865; out as Sergeant Sept. 5, 1865.
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J. M. Sims, mustered in Feb. 16, 1865 ; out as Corporal Sept. 5, 1865.
H. P. Wright, mustered in Feb. 15, 1865; out as Corporal Sept. 5, 1865.
Privates.
Allgood, Spencer, mustered in Feb. 15, 1865; out June 19, 1865. Coble, Daniel, mustered in Feb. 15, 1865; out Sept. 5, 1865. Coleman, Levi, mustered in Feb. 15, 1865; out Sept. 5, 1865. Hollingsworth, Albert, mustered in Feb. 15, 1865 ; out Sept. 5, 1865.
Kelly, J. G., mustered in Feb. 16, 1865; out Sept. 5, 1865. Long, J. H., mustered in Feb. 16, 1865; out Sept. 5, 1865.
Maddox, E. R., mustered in Feb. 13, 1865; out Sept. 5, 1865.
Martin, Albert, mustered in Feb. 21, 1865 ; deserted Feb. 28, 1865.
McNabb, George, mustered in Feb. 16, 1865; out Sept. 5, 1865. Moore, Isaac, mustered in Feb. 16, 1865; out Sept. 5, 1865.
Poulter, W. W., mustered in Feb. 16, 1865; out Sept. 5, 1865.
EIGHTH UNITED STATES COLORED INFANTRY.
Recruits.
Alexander, Julius, mustered in Sept. 29, 1864.
Belt, Benjamin, mustered in Sept. 24, 1864.
Benton, Henry, mustered in Sept. 24, 1864. Crane, Webster, mustered in Oct. 6, 1864. Hobbs, Lewis, mustered in Sept. 24, 1864.
Kendall, Henry, mustered in Sept. 24, 1864.
Roberts, William, mustered in Sept. 26, 1864.
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CHAPTER VII.
THE BAR. -
PREPARED BY CHARLES FOLEY.
When the writer of this sketch located at Danville, in the spring of 1863, to practice law, he found James M. Gregg, Christian C. Nave, Joseph S. Miller, Leander M. Campbell, Peter S. Kennedy and Simon T. Hadley engaged in the practice of that profession at that place. Of these, Mr. Kennedy afterward removed to Craw- fordsville, Ind., where he is engaged in the practice in connection with his son. Gregg, Hadley and Nave have died. I will give a sketch of each of these deceased brethren in the order in which their deaths occurred, including J. S. Ogden who was not in the practice at the time mentioned, 1863, and who died after the death of Mr. Hadley and before that of Mr. Nave.
JAMES M. GREGG .- Mr. Gregy was the first resident attorney of Danville to die. He died in June, 1869. The bar promptly held a meeting on the occasion, Colonel C. C. Nave presiding, and the writer of this acting as secretary. Remarks were made by all of the members of the bar, the number of whom had increased since the writer located in Danville in 1863, and all bore testimony to the many excellent characteristics of the deceased. He was respected by all, both in and out of the profession, and his death was regretted by the entire community. The remarks of Simon T. Hadley were the most replete with the biographical facts of Mr. Gregg's life, and were as follows:
"The deceased was born in Patrick County, in the State of Vir- ginia, on the 26th day of June, 1806, and was reared in that county. He emigrated from there to this county in January, 1830, stopping at Judge Jessup's, in the southeast corner of the county, for about eighteen months, most of which time he was employed in making rails and clearing up the forest. In September, 1831, he came to this place (Danville) and was employed by James J. Given, the only dry-goods merchant in town, as clerk in the store. In Sep- tember, 1833, he lett the store and commenced writing in the (413)
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clerk's office for me as deputy. In October, 1834, he was ap- pointed County Surveyor, but still continued with me in the clerk's office writing, when not engaged in surveying. In 1837 he was elected Clerk without opposition. He took the office at the close of my term in 1838, and served one term of seven years, during which time he made himself acquainted with the law, and at the close of his term, not being re-elected, he commenced the practice of law with good success. Since that time he was elected to and served one term in Congress; also one term in the State Legis- lature. "
Mr. Gregg was elected to Congress in the fall of the memorable campaign year, 1856. His election to the Legislature occurred early during the war of the Rebellion. To Congress he went as a Democrat. To the Legislature he was elected by the combined Union sentiment of both the Republican and Democratic parties.
SIMON T. HADLEY .- Mr. Hadley died March 7, 1872. The writer cannot describe the deceased better than by quoting the remarks made by him at the bar meeting on the occasion of Mr. Hadley's death, to wit:
" I came to Danville in 1863 and formed a partnership with Mr. Hadley in the practice of law, which continued until I enlisted in the army in 1864. On my return the partnership was not renewed, but I occupied a room with him as an office for three or four years, thus having good opportunities to study and learn his character on which I put the following estimate: He was honest and desired justice to all persons. This is saying very much. His leading traits were industry and patience. He was remarkably even tem- pered. He was an indefatigable worker. If he was intemperate in anything, it was in working, a kind of intemperance most rare. By his industry, patience and fidelity he built up a reputation with the masses of the community for integrity and reliability, such as no other man in the county ever attained, and such as probably none of ue will ever attain. With the masses, his opinion on business matters had the weight of authority; it was law. He was so very cautious that he was timid. He seldom or never in matters he deemed important, gave counsel or advised people, on the strength of his own opinion. Every thing he undertook was well weighed and considered. He was not calculated to be a leader in the enter- prises of men. His mental organization and constitution were such that he was best fitted to fill a place or post whose duties would be discharged according to rules and regulations, and no man would
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be more faithful in such a post. He possessed large secretiveness of character, keeping his thoughts, plans and designs to himself and having few confidants. Indeed, it took a long time of close observation to learn his character. Of his religious convictions, his faith and hopes, I know but little. I only know that once he dropped expressions that indicated his belief in the doctrine of the sovereignty of God in ordering and shaping the affairs of men.
" Our brother was born in North Carolina, Sept. 23, 1801. He learned the saddler's trade in 1818. Commenced teaching school in 1819. Married Mary Hadley in 1824. Moved to Hendricks -County in 1826. Was elected Clerk and Recorder in 1830 and commenced the discharge of the duties of those offices in 1831. He moved to Danville in the spring of 1832, nearly forty years ago. He was re-elected Recorder in 1837, again in 1844, again in 1851 and again in 1855. He served as Clerk and Recorder both seven years, and as Recorder alone twenty-two years. He was President of the Bank in Danville [The First National] from its organization in 1863 until within two or three months past, and contributed much to the success of that institution. He was a Director of it at the time of his death.
"His wife died Jan. 12, 1866, and since then the loss of her so- ciety made him somewhat lonely. In a brief notice I prepared of her death for publication, I said of her, 'With meekness and humil- ity she discharged her daily round of duties, until the messenger of death called her hence.' How truly can we speak thus of our brother. Mr. Hadley and his wife greatly resembled each other in many traits of character. He died respected by all and beloved by a great many."
Mr. Hadley never read law. His practice was confined to deed writing and probate business, almost exclusively, the routine of which he picked up while serving as Clerk and Recorder, and he did much of such business. The statutes and a small probate work constituted his law library, yet many people, particularly the pioneer settlers and their children, sought his opinion on quite a variety of legal questions, and I doubt whether I ever saw a man who could reach as correct a conclusion and give as good advice from the common-sense standpoint alone as he; and in his line of work his opinion was law with the masses. He possessed good nat- nral talent for judging human nature.
JESSE S. OGDEN .- Mr. Ogden was born in Taylor County, Va., Aug. 23, 1839, and came with his parents to Danville in 1856,
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HISTORY OF HENDRICKS COUNTY.
where he resided up to the time of his death. His parents were poor, and quite early he was compelled to help support himself and the family by such work as a boy can get in and about a country village. He had a desire for an education and for a while paid his tuition in the Danville school by doing janitor's work. In August, 1861, he enlisted as a private in the Seventh Indiana Infantry, and was wounded in the right hand at the battle of Winchester where his service ceased. He returned to Danville and was elected Re- corder of the county on the Republican ticket, which office he filled until the end of his term. While serving as Recorder he read law and was admitted to the bar in June, 1867. He was elected Prose- cuting Attorney in 1870, and to the Legislature in 1872. He formed a partnership in the law with John V. Hadley, which con- tinued up to the time of his death. He was constituted for action rather than reflection, in the practice of the law. He was a finent speaker. He left many friends, and a wife and five children who live in Danville.
CHRISTIAN C. NAVE .- Mr. Nave is the fourth and last resident of the Danville bar that has died. The remarks of the writer at the bar meeting on the occasion of his death so fully cover his biog- raphy that I copy the same:
"Christian C. Nave was born Aug. 22, 1803, and died on Sun- day, Aug. 3, 1884, being almost eighty-one years old. Of his boyhood I know nothing. He read law with Colonel James P. Taylor, at Elizabethtown, in Carter County, Tenn. On the 28th day of March, 1827, he was admitted to the bar at that place to prac- tice law. He followed his profession there until the fall of 1831, when he started out to find another place to locate, going to the State of Georgia and from there to Springfield, ill., and from there to Indianapolis, Ind. On the way to the latter place he passed through the town of Danville, staying all night here Dec. 5, 1831, being the first time he ever was here. At Indianapolis he was cautioned against locating in a malarious region, and was advised to come to Danville, because the situation was high and rolling. Accordingly he returned to Danville and established himself in the practice of the law Dec. 19, 1831, and had been here continuously ever since in that business, except while he was serving in the Mexican war. When he came to Danville to locate be found that the venerable Judge Marvin had preceded him a few days in beginning the practice of the law in this place.
"Colonel Nave was married to Miss Lurena Rich Dec. 2, 1838.
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Six children were born to them, four of whom are now living and will be in attendance at his funeral. His wife died June 12, 1852. "He was elected Captain of a company that was raised at this place for service in the Mexican war, which became Company I of the First Indiana Regiment, and of which he became Lieutenant- Colonel. After serving about nine months in that capacity, he resigned and returned to Danville, being succeeded as Lieutenant- Colonel by the Major, Henry S. Lane, who afterward became Gov- ernor of the State and a United States Senator.
"He served for two terms in the House of Representatives of Indiana in 1834 and 1835, and for three terms in the Senate, 1839, 1840 and 1842. He was a member of the Constitutional Conven- tion that framed the present Constitution of the State.
"He was an indomitable worker in his profession. When he undertook & cause he suuk his identity completely in that of his client. For many years he maintained the reputation in this and adjoining counties with the masses of the people of being a very great lawyer. He had numerous clients, and the aggregate of the fees he received would be very large. The first case that he had in our Supreme Court that I have noticed is reported in Third Blackford, being a decision of that court at the November term, 1834.
"Colonel Nave never married the second time. He reared his motherless children as best he could, and the old settlers bear testi- mony that his efforts in their behalf were earnest and uutiring. For more than thirty-two years he lived a widower, and for many years his children had all been married and gone. Those who have seen Colonel Nave only of late years have seen an old man alone and lonely, and seemingly with no one to care for him, and yet that old man once had a pleasant home and happy family. His wife was a lady of culture and refinement, kind-hearted and universally beloved. He married her while on a visit to Tennessee. She was a teacher at that time. The few old settlers remaining who knew her, speak of her in the highest terms. Her loss to Colonel Nave was irreparable. That he had faults only shows that he was hu- man, but, in my humble judgment, the sum of his virtues greatly outweighed his faults, and now that he is no more let us imitate the former."
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From the above it will be seen that his professional career in Danville continued for nearly fifty-three years, and during all of that time it is doubtful whether the interests of any client ever suf- fered because of any neglect on his part. He was very public
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spirited and contributed largely to every enterprise that he thought was calculated to develop the country, and by some of them he lost large sums of money. He introduced cultivated fruits into the town of Danville and was ever ready to help disseminate seeds and plants among his neighbors.
The day (Saturday) preceding his death he caused to be filed in the Circuit Court a complaint in his own handwriting. He died in his office library-room, which he used as a bed-room, being un- willing to be removed elsewhere. He was a remarkable man in many particulars and had prominent individual characteristics.
There have been other members of the Danville bar who have removed elsewhere and died, but the above named, Gregg, Hadley, Ogden and Nave, are all of the members of the bar who have died resident of Danville. On the death of Mr. Gregg, the bar estab- lished the precedent of having the oldest practicing lawyer to pre- side over the meeting, who was Mr. Nave, and he presided at the meetings on the deaths of Gregg, Hadley and Ogden. Joseph S. Miller presided on the occasion of the death of Mr. Nave.
In a pigeon-hole box in the clerk's office, the writer deposited copies of the Danville papers containing notices of, and the bar proceedings on, the deaths of the four gentlemen mentioned above. Should the practice be kept up, each in his turn will have a brief but very perishable record.
Before taking up the present members of the bar, I must make mention of an old citizen of Danville, known to everybody as Judge Marvin.
HENRY H. MARVIN was born in Luzerne County, Pa., Feb. 22, 1802. While he was an infant his parentsremoved to Ohio. He passed the most of his boyhood with his parents in the country, helping to clear off the forests, but attended school sufficiently to get a better education than most country boys. He read law in the office of Osmer and Henry Curtis in Mt. Vernon, Ohio. Colum- bus Delaney was a law student in that office at that time.
He located in Danville in December, 1831, having previously passed through the place on his way to the State of Illinois, where he staied something like a year before he returned. In locating at Dan- ville, he preceded Colonel Nave afew days. He began the practice of law immediately but in an irregular way, for he was not admitted to the bar until in 1834. Before his admission to the bar he taught a grammar school, probably the first school in Danville in which grammar was taught.
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In those days, to be admitted to the bar and be authorized to practice law was not the easy thing that it now is, though it takes as long now to make a good lawyer as it did then. While no easier or shorter road has been found to good lawyership, yet by virtue of the present Constitution of the State, all barriers to the bar have been removed, as to all males twenty-one years of age possessing a good moral character. The great majority of the legal profession in Indiana, to-day, were admitted to the bar under the present Con- stitution, and I think it would be interesting to some to know something of the steps taken by the old lawyers to be admitted. Beside evidence as to the moral character of the applicant, he had to undergo an examination by a committee composed of members of the bar appointed by the court for the purpose, as to his knowl- edge of law and his qualifications generally to practice. That ex- amination had to be followed by two others, that is by the two presiding judges of two judicial circuits, and if all such examina- tions proved satisfactory, the applicant was, on taking the proper oath, duly admitted to the bar and licensed as a practicing lawyer. Mr. Marvin has kindly furnished me with the following certificates relating to his admission, which I give verbatim.
"STATE OF INDIANA, ; } 8. Hendricks Circuit Court, October Term, 1832.
"Hendricks County, §
"I, Simon T. Hadley, Clerk of said court, do hereby certify that at said term of said court it was, on motion, ordered to be certified that Henry H. Marvin was a man of good moral character. I do therefore hereby certify that he (the said Marvin) is a man of good moral character.
Seal of the Cir- -- cuit Court of Hendricks County, In-
"Gven under my hand with the seal of the court affixed at Danville this 6th day of July, A. D. 1833.
diana.
"S. T. HADLEY, Clerk." . Indorsed "Certificate of Moral Character."
The seal was a mere ink scroll, in a square form.
" THE HON. B. F. MORRIS-
" President of the Fifth Judicial Circuit :
"The undersigned having examined Mr. Henry H. Marvin
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touching his qualification to practice law, recommend him to your honor for a license.
" Danville, Oct. 13, 1834.
"J. MORRISON, "W. QUARLES, " WILLIAM HEROD,
"CHRISTIAN C. NAVE, "CALVIN FLETCHER."
"STATE OF INDIANA, TO-WIT :
"We, Bethuel F. Morris, President Judge of the Fifth Judicial Circuit, and Amory Kinney, President Judge of the Seventh Judi- cial Circuit of the State of Indiana, do certify that Henry H. Mar- vin has produced to' us satisfactory evidence of his good moral character. and we having examined him touching his qualifications to practice law, do hereby license and permit him, the said Henry H. Marvin, to practice as an attorney and counselor at law in all the Circuit and inferior Courts of said State.
."Given under our hands and seals, this 20th day of October, A. D. 1834. "B. F. MORRIS. [L. s.] "AMORY KINNEY. [L. s.]"
The seals were ink scrolls. Annexed to the foregoing certificate of the two judges were two certificates of the clerk of the Circuit Court of Putnam County. The first must have been considered in- sufficient, for the second covers the same and more ground, to-wit:
"STATE OF INDIANA,
"County of Putnam. S
"I, Arthur McGaughey, Clerk of the Circuit Court for said county, do certify that the above licensed Henry H. Marvin was, by order of the Circuit Court, admitted to practice as an attorney and counselor at law in this county, and that he took the oath re- quired by law.
"Given under my hand and the seal of said court
[BEAL.] at my office in Greencastle, on the 21st day of October, 1834. A. MCGAUGHEY, Clerk."
"THE STATE OF INDIANA,
Putnam Circuit Court, October Terin, "Putnam County,
88. 1834, Tuesday, Oct. 21.
" Be it remembered, that on the above day of the above term of the above court, before the court in session, personally appeared the with- in named Henry H. Marvin, and took an oath to support the Consti-
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HISTORY OF HENDRICKS COUNTY.
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tution of the United States and the Constitution of this State; and an oath of office, to-wit : That he will, in all things, faithfully execute the duties of an attorney and counselor at law according to the best of his understanding and abilities; whereupon said Marvin was fully admitted to practice as an attorney and counselor at law agreeably to the within license, and to law.
[SEAL. ]
"In witness whereof I, Arthur McGaughey, Clerk of said Court, hereunto set my hand and affix the seal of said court, at Greencastle, this 21st day of October, 1834.
"A. MCGAUGHEY, Clerk."
The seals used by Clerk McGaughey were not ink scrolls, but stamped impressions. Mr. Marvin has not practiced any since the writer came here in 1863, and probably had not for a number of years before. He is much interested in the study of astronomy, and has some theories of his own which he has talked of publishing.
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