USA > Indiana > Howard County > History of Howard County, Indiana, Vol I > Part 26
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This law, which is now firmly established in the legislation and favor of the state, was then a new and untried enactment. People were not sure that they wanted it, and in some counties when first presented to the people, was voted down upon the grounds of ex- pense. Dr. Wickersham, editor of the Pioneer, was certain of the wisdon and benefit of its provisions and through his paper argued its benefits and explained its provisions at length.
THE ABOLITIONISTS.
The bitterness which characterized the slavery agitation was realized in the establishment of the Pioneer. The pioneers of the sturdy village of New London determined to publish a newspaper, but as most of them who were formulating the movement were abolitionists, the men of opposite parties were equally determined that it should not be done.
Dr. Wickersham, who was foremost among the staunch ad- vocates of the abolition of slavery, set about devising plans to open
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up a newspaper office in the village. He had in view a very primi- tive outfit, which was at that time located in Westfield, Hamilton county, which consisted of an old hand press and a few fonts of type. Owing to the bitter feeling existing in the county in those ante-bellum days it was hard enough to find anyone who was brave enough to venture upon the road on such an expedition as moving a newspaper plant with which to publish a newspaper whose policy was the abolition of slavery. Dr. Wickersham had been for some time trying to find a man and had been repeatedly refused. "Uncle" Dan Jones was in his prime in those times, and being a strong abolitionist and possessing the qualities of which heroes are made, very fortunately dropped into the office of Dr. Wickersham to con- sult him in regard to an obstinate attack of ague from which he had been suffering. After the doctor had prescribed for his patient he cautiously approached him upon the question of moving a news- paper plant from Westfield and soon got a proposition from him that he would undertake the dangerous enterprise for a dollar a day, if the doctor would cure the ague in the bargain. The proposition was readily accepted and Mr. Jones, as soon as he had partially recovered from the ague began to prepare for the jour- ney. He secured three yoke of cattle and a driver whose name was Reese White, and made the trip to Westfield without any remark- able incidents on the way. The doctor had supplied him with a jug of bitters and two long pistols to use if emergency demanded.
The press was loaded at Westfield and the return journey be- gan early one morning and they met with no opposition during the entire forenoon, but they had not gone far through the almost im- penetrable forests of the Michigan road, in the afternoon, until they were accosted by five men who had heard of the attempt to start an abolition paper and determined to "nip it in the bud." The leader of the gang rode up to their wagon and demanded a pass, upon
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which Mr. Jones drew forth two long pistols and remarked that the weapons were the only passes he had with him. This seemed to prove a very strong argument, as the opposing men had no arms and did not seem to desire to go up against such a strong battery. This scene took place between Michigantown and Middlefork and after the men drew back a few hundred yards to hold a consulta- tion of war they rode off into the woods and gave no further trouble. The assailants were not masked and were easily identified. They were: James Creeson, Err Cox, Sampson Allen, William Allen and Mr. Miller. The onward march of the newspaper was unim- peded during the rest of the way. About dusk the men stopped at the cabin home of Samuel Merrick, four miles west of Russiaville, where themselves and their oxen were hospitably entertained over night. They resumed the journey early next morning and arrived at New London at 4 o'clock. Thus it was made possible to intro- duce in Howard county the first newspaper.
The office was finally moved to Kokomo, the Pioneer being the predecessor of the Kokomo Tribune.
Dr. Wickersham was a native of Wayne county, Indiana. Later he practiced his profession in Henry county, moving to New London in 1842. He finally moved to Kokomo, where he conducted a dry goods store, and subsequently moved to Mankato, Minnesota, where he died. He was a brother of Mrs. Richard Nixon.
Dr. Wickersham made a success of his paper. In announcing the second year of the Pioneer's existence he said: "August I, 1849. the Pioneer entered upon the second year of its existence with every encouragement we in our most sanguine hope could have anticipated. The list of subscribers is rapidly increasing, with a liberal amount of job work and advertising custom, which has in- creased fully one hundred per cent. in the last few months. As soon as the health of Cincinnati will justify us ( the cholera raged there)
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in visiting that city we expect to get a new and enlarged dress for our paper, add one column, and exchange our old type for new, which will add to the amount of reading matter, and at the same time materially improve the appearance of the paper."
The sentiment of the residents of New London was pro- nounced in favor'of temperance. There was a New London branch of the Cadets of Temperance. This society was known as Section No. 44, of that organization, and on July 7, 1849, the records dis- close that officers were installed and an address delivered by M. D. Stoneman. The invitations to the public to attend this meeting bore the signature of J. B. Gifford, W. P. , and set forth the announce- ment, "Come on, parents, and see your children engaged in the great and glorious cause-the cause of all mankind."
The subject was early presented in New London in an able and vigorous article upon temperance appearing in an early number of the Pioneer, written by Dr. J. J. Barritt.
As early as 1848 there seems to have been an attempt to es- tablish a liquor dispensary against the sentiment of the community. The Pioneer of the date of September 16th of that year says : "Guess the application for a licensed grog shop in our town didn't meet with much favor from our county commissioners, notwith- standing a petition was secretly got up, and the county commis- sioners have the thanks of a large majority of our citizens in their refusal to license such a sink of inquity in their midst. Had our citizens known that the application would have been made, a re- monstrance would have gone up with ten names to every one on the petition."
The pledge taken by the Cadets of Temperance was very strict : "I without reserve solemnly pledge my honor as a man that I will neither make, buy, sell nor use, as a beverage, any spirituous or malt liquors, wine or cider.
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In November following the secret attempt to establish a grog shop, the Pioneer exultantly exclaims editorially. "The whiskey business is suspended in our town. All who come here hereafter will have to bring it along with them. We met a poor imitation of humanity the other day, making his way through a tremendous storm of rain and snow, drenched to the skin with wet, hunting for some of the 'critter' and being asked what he wanted with it, sup- posing that some one was very sick and wanted it for medical pur- poses, he very indignantly replied that he wanted it for himself, 'case he was dry.' "
The spirit of enterprise distinguished the early citizenship of New London which was eager for every step looking toward the development of the county.
The contract for the superstructure of the Indianapolis & Peru Railroad was let January 3, 1849, at one thousand four hundred and ninety dollars a mile, the contractors agreeing to make the tracks ready for the iron rails, and to take fifteen per cent. of the contract price in stock of the new railroad company.
New London had many subscribers to this stock, and on Sep- tember 1, 1849, they were required to pay the third requisition upon it. of eight per cent., amounting to four dollars a share, these pay- ments being made to C. D. Murray, collecting agent at Kokomo.
A meeting was called for Saturday, December 16th, at "Mr. Robertson's east room," New London, of citizens of Howard county friendly to a construction of a railroad from New London to inter- sect the Indianapolis & Peru road at some convenient point. The expectation was destined to be disappointed and the branch road was never builded. The nearest it was realized was the construc- tion of the Cloverleaf Railroad through Russiaville, two miles south, to Kokomo, which crosses the old Indianapolis & Peru line at Madison street.
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The citizens were rejoiced, however, to learn in January, 1849, that the legislature had given a grant for a state road from La- fayette, Tippecanoe, county, to Jonesboro, Grant county, by the way of New London, Alto and Jerome. The Pioneer said it was a thoroughfare much needed, and the citizens along the route will be much pleased to hear of the grant.
FIRST MEDICAL SOCIETY.
The first medical society of Howard county, in which the physicians of New London were leading spirits, was organized in Kokomo, Saturday, September 15, 1849. In that early day the phy- sicians of New London had no rule of ethics against advertising. They not only advertised, but they did it ingeniously to extend their practice. Two characteristic advertisements are extant. Those of Dr. J. S. Counts and Dr. John F. Henderson. Dr. Counts dis- played this appeal for patrons : "Good morning, friends, where does Dr. J. S. Counts reside? In New London, a little west and across the street from Nixon's store. Has he located permanently ? He has purchased a house and lot, catched a cook, and continues to practice the various branches of medicine at all times when called on. Is he moderate in his charges? His patrons, who settle with him once a year, say that he is. Is he successful? He has been during the past month or two for there has been nobody sick."
Not to be outdone by a competitor Dr. Henderson directed the public attention to an advertisement quite as readable, but of a different description: "Pro Bono Publico-Dr. John F. Hender- son takes pleasure in informing his old friends and the public gener- ally that after a year's practice among them he is again perma- nently located in the town of New London, ready to serve them in the practice of medicine, obstetrics, etc. He flatters himself from
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his past experience and success in the practice and his knowledge of the science to be able to give general satisfaction to an intelli- gent public. He is likewise prepared with a good assortment of dental instruments, teeth foil, etc., for cleansing, plugging and in- serting teeth, on the most approved style and on reasonable terms. Office on Mill street at the east end of town, where he may at all hours be found unless professionally engaged. Bills reduced to suit the times." Other prominent physicians of the town were Dr. M. R. Wickersham, Dr. J. J. Barritt, and Dr. M. D. Stoneman.
Dr. J. J. Barritt was the first postmaster of New London and Thomas J. Faulkner the second in this office. Each had occasion to publish lists of letters uncalled for.
A teachers' institute was organized in New London, February 24, 1849,
New London felt the stimulus of the land sale held by county auditor John Bohan. He offered to purchasers the choicest sec- tions in the late Miami reserve, situated about three miles southwest of Kokomo, being a sale of land for the benefit of the common schools, every sixteenth section being disposed of for the benefit of the state. Theophilus Bryan was school commissioner of Howard county at that time. The land was to be paid for one-fourth in ad- vance, and a twenty-five years' credit given for the unpaid portion, which was to bear seven per cent. interest payable in advance.
The report of auditor Bohan of the finances of the county from June 1, 1848, to May 31, 1849, showed the total receipts to be two thousand eight hundred and ninety-two dollars and three cents. leaving a deficit in the treasury to meet all orders drawn of one hundred and sixty-five dollars and six cents.
The tax rates in Howard county, publically announced Au- gust 24. 1849, were: State tax-Each one hundred dollars, thirty cents. Poll tax, seventy-five cents. County tax-Each one hun-
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dred dollars, seventy cents ; poll tax, eighty-seven and one half cents; school tax, each one hundred dollars, district 3, twenty-five cents. Road tax-per acre, one-fourth cents ; town lots, each one hundred dollars valuation, fifteen cents.
BENCH AND BAR.
BY OTIS C. POLLARD.
The first term of what was then known as the Richardville cir- cuit court was held November 7. 1844, at the house of John Harri- son, in the township now called Ervin. Nothing much was done on the first day of the term. N. R. Linsday, subsequently judge of the Howard common pleas court, was enrolled as a member of the bar on the second day. On the third day the grand jury returned twenty-five indictments. There being no business for the petit jury at that term they were discharged.
The grand juries of the period believed in earning their salaries, if you choose to put it that way-but others chose to say that they loved to gratify petty spites at the expense of their neighbors. They would sometimes still be searching for facts when a term of court would come to an end.
The grand jury of the first term of court in the history of the county indicted John Harrison, the sheriff. for retailing. This offense was selling small quantities of whisky in violation of the law. Benjamin Newhouse, a member of the petit jury, at the same term of court, was indicted for trespass. Betting was a common offense and five indictments for this law violation were returned against William Smith. While Sheriff Harrison was acquitted of
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the charge of "selling a quart of whisky to Theopholis Bryan, to be drank about his house," Charles J. Allison, also indicted for retail- ing, did not fare so well. He was found guilty and fined two dol- lars. Allison was frequently indicted for retailing. He kept a saloon, or wet-back grocery, the bar being in the rear, in a double log house on the east side of the public square, and, saving his busi- ness, alleged to his discredit, he bore a good reputation and was generally spoken of by his neighbors as an honest man. He had good business qualifications. He ran the first saloon conducted in Kokomo, and was frequently before the circuit court. He came to the county before it was organized and died in 1863.
Judge Biddle once cbserved of the pioneer grand juries :
"The early grand juries were of curious composition often, being made up largely of men from other states, and even natives of foreign countries. I think that generally they were honest and devoted to the law, when they knew what it required of them."
Summoned before a grand jury, David Foster was asked :
"Did you observe any one fishing on Sunday ?"
"Yes, sir."
"You may give the names of the parties you saw."
Mr. Foster gave them.
The foreman of the grand jury, in order to prove the offense within the limit of the statute of limitations, asked Mr. Foster in what year he saw the parties named fishing on Sunday.
"Eighteen fifty-six."
As the examination was several years later the jury had its pains for nothing, the offense described by Foster being barred to prosecution.
The list of offenses for the early-day indictments were pro- nouncedly in contrast with those of 1908. John Lamb and Benja- min F. Faucett were indicted for improperly granting license, and
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Mr. Lamb was also indicted upon two charges of extortion. David Bailey was arraigned upon two charges of the same character. Samuel Garner was prosecuted for illegal voting. Attachments were issued against Jonas Dalgilkin and John Ryan for contempt of court in divulging the secrets of the grand jury.
PAY OF PETIT JURORS.
The first petit jury serving the county was allowed seventy-five cents each for one day's service.
Upon beginning its sessions in Howard county the court ordered a seal, which was to have a device upon the face thereof of a man on horseback on a chase after wolves in the distance with his hounds in pursuit, the horse to be represented "on the loap" and the words engraved on the seal, "Richardville County Seal, A. D. 1844."
A term of court generally lasted from three to four days. Sel- dom longer. All the business could easily be disposed of within that time. A week of court would have been considered a judicial sitting of unusual and tedious duration.
Had you entered the log courthouse in the forties you would have found upon the ground floor the tailor shop of G. W. Poisal, the saddlery of H. B. Havens, and the offices of Dr. Corydon Rich- mond and the county clerk, F. S. Price. Dr. Richmond and his brother, Orsemus Richmond, were eventually associated in the prac- tice, occupying the same office, and finally N. R. Linsday and C. D. Murray established a law office in the courthouse. In September, 1850, Mr. Havens was notified that his office rent would be fifty cents a month. The rest were notified in June, 1851, that they had better pay their office rent.
The "courthouse rats" of that day were a jolly bunch. Some- one had been taking Dr. Corydon Richmond's whisky, which he had
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in a quart bottle upon a shelf in his office. Tailor Poisal told him that his liquor was being appropriated by a certain carpenter. One morning the doctor furnished a fresh supply of whisky and placed an emetic in it. The carpenter purloined a drink. Soon he began spitting, but unsuspectedly took another drink. No sooner had he lowered it until he became very sick. Whereupon he rushed to an oak stump, and, like Job, cursed the day upon which he was born. He made a friend of nearly every stump on the way until he reached home. He never again molested the whisky.
The lawyers of the early day were plain and simple in their habits of life, as were the other pioneers with whom they were asso- ciated. They relished the substantial food of the day, dressed in the rough garb of their neighbors, and were in all respects a part of the great commonality. Yet they were the leaders in public spirit. They were the politicians. The best offices fell to their lot, not because they were of "better clay than other men," but because they were considered better qualified by the people to discharge the duties incident to the various official positions with which they were honored. They must have been early risers, at least upon one occa- sion, for one evening the Richardville circuit court adjourned "to meet to-morrow morning at seven o'clock." A dozen books, all told, would comprise an average lawyer's library. But these books were known by them thoroughly, large portions of which they were able substantially to quote from memory. The standard authority most frequently consulted was the statutes of the state-the Koran of the Richardville bar. The county clerk, Franklin S. Price, who served a number of years, spread on record a list of books compris ing the courthouse library, April 25, 1845 ; four volumes of local laws, six volumes of Blackford reports, three copies of the Senate Journal, 1845, three copies of the journal of the house of represen- tatives of the same year, sixty-five copies of the school laws, eight
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copies of the revised statutes of 1843. Milk and bread were the principal foods of Kokomo's earliest denizens. The lawyer-politi- cians, in order to obtain votes, would win the popularity of the women by assisting them to milk and to suckle the calves.
MEAGER LEGAL BUSINESS.
The law, business was not heavy during the early days of the Richardville bar, nor such as to put the bar up in the way of learning and power. Land was cheap and controversies few. The principal suits were for slander, bastardy, hog stealing, betting, whisky sell- ing, and so forth. The bar under Judges Wright and Biddle aver- aged well, and improved greatly as business became more serious.
In an early day the judges and lawyers from the various cir- cuits of the state congregated at a frame hotel near the center of the north side of the public square, generally after supper, to exchange experiences, divulge all kinds of news and relate anec- dotes.
Moses Cromwell was distinguished in an early day by the fre- quency with which he sought the judicial decree. His name appears very often upon the records of the court. A drinker, "on his mus- cle," and quarrelsome, he naturally occupied a good deal of the court's attention. Scarcely a term of court passed without his being either a plaintiff or a defendant. When not figuring as the accused in some state case he was almost certain to be mixed up in some kind of a civil action. In a large number of prosecutions he was able to secure his acquittal. He figured in all kinds of prosecu- tions, assault and battery, retailing, affrays, and others too numerous to mention. One of the first slander cases in the county was that of Pleasant Walker against Cromwell. At the trial the jury was unable to agree. The case was afterwards compromised and dis-
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missed. This case was the first called at the May term, 1846. He was still litigating as late as 1858.
David Foster also did a considerable business in court. But his preferences were for civil rather than criminal cases. The records show him to have been interested in a great many suits.
John B. Hopkins might, during a court term in an early day, be seen often standing on a stump in the courthouse yard. He some- times carried an ax and a chicken, asserting that he was going into the poultry business. His general features, large physique, partially stooped form, and long, thin hair touching his shoulders, gave him a commanding presence. A string of losely-tied, green mango pep- pers encircled his shoulders and swept his breast. He was bare- footed, and had a powerful voice. He was a great walker. Once a candidate for representative, he spoke at Greentown and Kokomo, addressed an audience near Poplar Grove and made two speeches at Logansport within the space of twenty-four hours, hoofing the entire distance between the places where he delivered his addresses. He had a state reputation and was intimately connected with the law- yers of the county, frequently assaying the defense of "mercy cases" and an attendant upon court. The lawyers listened to him, con- versed with him and read law to him. To this community in early days he was a periodical visitor. His sensible utterances, by no means few in number, profound and practical, were treasured up in the minds of his hearers. However, this man was demented. Yet his intellect was of the highest order. He was finely educated. His choice of words was apt. His sentences were of such constric- tion that they excited the admiration of rhetoricians. In his younger days he had been a prodigious student. If deserted by his audience he would seek another spot and address new listeners. To hear him sing old settlers declared was to experience a genuine pleas- ure. He composed all his own songs, many of which were highly
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meritorious. Hopkins walked from one end of the state to the other, starting generally from some leading city situated on the National road, which route he traveled, pulling after him a light buggy, which he filled with tracts. At nearly every town along the entire distance he would sell his buggy and buy a new one.
The statute of 1843 divided the state into twelve circuits. A president judge was appointed by the legislature for each of these circuits. Two associate judges were chosen by each county to pre- side with the president judge. Although they made but little pre- tense to learning "these side judges," as they were called, often overruled the president judge, giving for their decisions some pre- posterous reasons. Not infrequently, too, their rulings, absurd as they may have sometimes been, were sustained by the supreme court.
The terms of office for the judges were, by statute, fixed at seven years; the clerk was to serve for seven years and the sheriff and prosecuting attorney for two years.
JUDGES LONG AND ERVIN.
The associate judges for Richardville county were T. A. Long and Robert Ervin. Mr. Long was born in Lexington, Kentucky. He apprenticed himself, when a young man, to an old gunsmith, working six years for nothing and clothing himself. Besides being a gunsmith he was a farmer and nurseryman. He lived in Harri- son township. In politics he was a Whig and a Republican. In religion he was a Methodist, being a member of the M. E. church over forty years. Of these associate judges, Judge Biddle, with whom they served, once said: "Long I remember to have been a very quiet man. I was not as intimate with him as I was with Ervin. Ervin was a man of good thought and possessed of clear, solid, common sense. On the bench he ever strove to do his duty.
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