USA > Indiana > Howard County > History of Howard County, Indiana, Vol I > Part 27
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I always regarded him as a very safe counsellor up to the extent of his legal intelligence."
Judge Long, from the fact that he wore glasses, was called "Old Specks" by the Indians. He erected a little shop near his cabin in Harrison township "and for several years repaired guns for the Indians. Across the creek from his shop stood Foster's trading house, where the Indians would take their skins and buy blankets and 'heap good whisky,' and then would go and get Long to fix their guns. Foster would frequently interpret and vouch for them, and Long would charge the bill to Foster and Foster would charge three or four times as much to the Indians. Long had a nice little horse, worth some fifty dollars, which Foster wanted; but being afraid of making the price too high, asked him what he would give Foster replying he would give sixty-five dollars, agreeably surprised Long at his generosity, and consequently got the horse. Foster kept the same for four days and sold it to an Indian for two hun- dred and fifty dollars. Mr. Long, being somewhat surprised, a second time concluded he could sell a horse which his father-in- law owned for a good price. As the horse would lie down and let its rider mount, the feat greatly pleased the Indians, and Foster sold it to one for four hundred dollars. The next autumn the Indian brought the horse back to be placed in order, and for so doing was charged two hundred dollars by the trader, Foster. Mr. Long having several cattle and needing some brass to make bells for them, was informed that he could get it of the old chief, Kokomo. He went to the chief's wigwam and was introduced to his dusky highness as a Kentuckian. The chief began to act strangely, went out and painted himself, returned and told Long's companion that he had scalped several Kentuckians, and would scalp the new-comer. But Judge Long told the Indian he had better not try that game, or he would shoot him upon the spot." Judge Long was permitted to get the brass and depart.
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A LOG COURTHOUSE.
During the administration of Associate Judges Long and Ervin the sessions of the circuit court were held in the two-story log court- house within the public square. The upstairs of this structure was utilized as a courtroom, the lower story embracing a hall and four office rooms. The courtroom was reached by an inside stairway.
The shades of evening are falling. The courtroom is deserted within a few moments. But in leaving the courthouse square a lawyer meets with a misfortune. The ground was wet and swampy. The mud in places was about belly deep to a horse; in others half boot-top deep. The lawyer is attempting to walk along a slab placed in the mud to insure a pedestrian a safe and convenient pas- sage. But he slips and falls. Bitter are his words of denunciation as he regains his feet against those cows that tramp and those hogs that wallow this particular piece of ground into such a horrible con- dition. Uncle Tence Lindley, in his quaint way, once said : "Well, I'll tell you what is a fact ; the courthouse yard in them days was skittish muddy. It were skittish muddy for a fact."
Thomas S. Shepherd, a man of medium height, with light hair and blue eyes, was a striking pioneer lawyer, but really a better preacher. He was an uncompromising Democrat, and once stood for the legislature, but was defeated.
Thomas J. Harrison was a son-in-law of Judge Linsday, with whom he was associated in the practice of the law. Harrison was a big-hearted, generous man, who did everything in his power for his friends. The duties of his profession he performed well, in a punctilious and unflinching manner. His personal bearing and influ- ence had weight with a jury. His record is chiefly military.
LEADING PIONEER LAWYERS.
Of the two leading pioneer lawyers of Kokomo, Judge Biddle once said : "Charles D. Murray was a man of fine talent, but had
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only a fair amount of learning. He was not a diligent student and did not attend strictly to business. To make popular speeches was the delight of his soul and in this line his success was extraordinary. But to take charge of a lawsuit of weight and character he was too slack. He generally came into court ill-prepared. In brain he was large, in physique weighing one hundred and ninety pounds and well-formed. In carriage he was manly, being free and easy in manner. His talents were such that he ought to have secured a much higher position than he gained. His ease and ability as a speaker diverted him from the severer studies. His social quali- ties were number one. A first-rate wit himself, his relish of an anecdote or practical joke was keen. He was an amiable gentleman and a lovable man. At one time he was seriously talked of as a candidate for governor of the state. The announcement of a polit- ical speech by Murray was always the signal to prepare for lots of fun."
Speaking once of Judge N. R. Linsday, Judge Biddle said : "N. R. Linsday had a clear head and was a very able man. He drew up a remarkably clean paper and in this respect was Mur- ray's superior. He also made a more solid argument, but as a speech-maker was not nearly so popular or versatile. In integrity he was pure and upright. I remember of his undertaking to draw up a common law plea in abatement, a task for him most difficult. It was his first attempt. Its construction gave him an infinite amount of trouble and worry. But he finally got through with it, having framed it pretty well. I looked it over and corrected sev- eral errors. The plea then stood unassailable. I think I never saw a man appear more grateful than he did for that favor. He was not much of a man for fun, but was a hard working man, with excellent brain power." Judge Biddle, when he came from Logans- port to this county to hold court, was frequently entertained at the
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cabin of Judge Linsday. The dwelling was very crowded, but they always made room for him. There was but one door to the structure. Judge Linsday was the second county agent. By act of the legislature the duties of the office were finally transferred to the county auditor, and John Bohan was first to discharge them after the change in the law. As careful a lawyer as Judge Linsday was surprised when he went to pay his taxes, in 1846, to find that he was delinquent eighteen cents upon his taxes of 1844. Judge Lins- day, a candidate for the legislature, was a vehement opponent of a clique proposing to unite Howard and Tipton counties and estab- lish the county seat at Sharpsville. He made telling points against his opponent, who favored the plan. Judge Linsday was one of the most influential workers in behalf of Kokomo's claims.
FOR CONTEMPT OF COURT.
Attorney Charles D. Murray was fined twenty dollars for con- tempt of court at the May term, 1857. He had a tilt with Henry S. Kelly, who was serving as judge pro tem., owing to the absence of Judge John M. Wallace, the regular judge, whose absence was caused by sickness. Mr. Murray gave security for the amount, which, it is probable, was never collected by the local authorities, as they did not desire to execute the order. They saw to it that Mr. Kelly did not preside the next term. Clerk Adam Clark, Sher- iff Samuel Lamb, and Auditor Harles Ashley, as they had a right to do under the law, appointed Mr. Murray to preside at this term of court, as a solace to his dignity; as Judge Wallace had not ap- peared the first day. He did arrive the second day, however, and assumed the duties of the bench. Mr. Murray presided at a part of the May term, 1858.
Joe Lewis, a pioneer lawyer of the county, and once the partner
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of Judge Linsday, was a well-trained lawyer and close reasoner, but not so very good advocate. His legal opinions, however, had great weight and he was a formidable opponent.
Lawyers from adjoining counties did a large business at the Howard county bar. Among the number was D. D. Pratt, of Logansport, afterwards United States senator, and a Daniel Web- ster in physique, intellect and ability.
Franklin S. Price served the county as clerk faithfully and with ability from 1844 to 1854. In 1858 he was a candidate for the office, but while at New London followed the advice of Tim- othy. The unpopularity of the act caused his retirement from the ticket and he was replaced by Ross Gray. Gray was defeated by Adam Clark. Price was of very slight and fragile build and his hair, eyes and beard were black. He was very social in his nature and enjoyed great popularity. At a convention of the pioneers, held in Harrison township, Price and Hiram, his uncle, were can- didates for the same office. Each was to rise and walk from the other, and his supporters were to follow him, and the one having the most friends was to be the nominee. Hiram had the test of numbers. Franklin burst into tears, which so excited his uncle that he withdrew from the contest.
THE FIRST CIRCUIT JUDGE.
Judge John W. Wright, the first circuit judge of this county, a resident of Logansport, was a very eccentric man. An important case was before him for disposition, involving many difficult ques- tions of law. The procedure of his court was governed by the technical practice of the common law. The pleadings were numer- ous and complicated. Many were the pleas in replication, the rejoinders, the rebutters and surrebutters. Eminent counsel was
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engaged upon both sides of the case, tried in one of the counties of the circuit to which Howard belonged, and among them were Abra- ham Lincoln and Joseph E. McDonald, pitted against each other. After a lengthy discussion of the law questions raised by the issues, conducted by the counsel of the opposing sides, Judge Wright, with- out allowing himself any time for the consultation of authorities, or deliberation, staggered the attorneys by announcing that he would rule immediately after noon. When court convened after the dinner hour, true to his word, Judge Wright divided the plead- ings into two separate piles, and, picking up a paper in his right hand, threw it down, saying, "Demurrer overruled," and with his left hand picked up another pleading, threw it down and said: "De- murrer sustained." This was kept up until all his rulings had been announced. This procedure was nothing more nor less than judicial ledgerdemain, haphazard, tincertain guessing. The lawyers had spent weeks in the careful study of the same questions of which he so effectually disposed within the short space of ten minutes. But imagine their surprise when, upon appeal, the supreme court sus- tained every one of his rulings. Afterwards, when Lincoln had been elected President and when the first rumblings of the impend- ing Civil war were heard throughout the length and breadth of the land, a large assemblage of military officials, among whom mingled several cabinet officers and other eminent personages, darkened one day the parlors of the white house, when the late Joseph E. McDon- ald was a caller at the Presidential mansion. Immediately upon his entrance he was recognized by President Lincoln, who grasped him heartily by the hand and exclaimed. "How are you, Joe? How's old Judge Wright, anyway?" following the remark with a hearty laugh.
It was during a term of court held in Tipton county by Judge Wright that a peculiar incident occurred. The grand jury reported
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that it had no indictments to return. In discharging them Judge Wright said, in his usual brusque and gruff manner, "Well, gentle- men, I suppose you are discharged, but I have not the least doubt in the world but what half of you ought to be indicted for hog stealing."
Having been convicted of a felony, a certain prisoner once stood up to receive sentence from Judge Wright, who has been reported to have used upon that occasion the following language: "Sir, the first acquaintance this court ever formed with you was in a house of ill-fame, but you have steadily gone down in the world till now you must make your future home in the penitentiary."
In personal appearance, Judge Wright was about five feet and six inches in height, weighing from one hundred and eighty to two hundred pounds ; was athletic and graceful in movement, whose general appearance countenanced the accusation that he was vain and proud, which, however, was not true of him in an offensive sense.
A STRANGE CHARACTER.
It was hard to convince Judge Wright that he could make a mistake. This he thought to be impossible. This peculiar belief of Wright's originated from the dogmatic tendency of his mind, which, by nature, was a rugged one. The haste with which he pronounced his decisions was deplorable, and one of his weaknesses which cost his friends much pain and regret. His character was positive, his popularity great, his friends bound to him by the strongest ties, and his enemies were of the malignant type. As a lawyer it is said that he valued victory higher than perfect honesty ; that he was unscrupu- lous and employed underhand methods continually ; that he "brow- beat" and terrorized witnesses completely, and sought to torture them into testimony in behalf of his clients; that he had little feel-
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ings for others and, when inclined, heaped torrents of abuse on parties to the suit. In argument he was powerful and in address strong. He would not tolerate the slightest noise or confusion in the courtroom and would invariably stop procedure until it ceased. He won the majority of his cases.
He was a great practical joker and loved to perpetrate jokes on others, but never liked to have them played upon himself. He instantly resented personal insult by word or blow. Judge Wright once stopped at a Virginia hotel for dinner. A colored waiter took his order and asked him which he would have, "Strawberries and cream, or fritz?" "Bring all mixed," said Wright, who did not know the meaning of "fritz." "Why, you isn't gwine to hab 'em mixed, is you?" asked the astonished waiter. "Mixed," reaffirmed Wright, resolved not to show his ignorance. The compound was set before him, but was not relished.
Wright related a good anecdote at his own expense. "I had a novel experience when I was traveling on a certain occasion from Logansport to Winamac, where I was to hold a term of court. I came near getting into serious trouble. You see, it was this way. I came to a very muddy lane. Well, I thought that was simply impassable. I will lay down the rail fence to my left,' I said, 'and go through the field.' I did so and rode almost across it unmo- lested. Soon I came to the edge of a woods. A man with an ax in his hand confronted me and asked, 'Why did you come across this field?' 'The road was impassable.' I coolly explained. 'If you are acquainted with law, as I suppose you are, you will remember that private welfare must yield to public convenience. I hope I have a right here, sir.' To which my interrogator replied, 'Who said that you could cross this field?' 'No one,' I replied. 'Then go back and lay up the fence,' said he. My anger began to rise. 'Look here,' said I, 'do you know who you are talking to? I am
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Judge Wright.' 'Judge Wright; for once," he replied, 'Judge Wright is wrong. Now you go back and lay up that fence!' he exclaimed, as he clinched his ax the tighter for his indignation. 'I say go back and lay up that fence.' Well, gentlemen, I went."
JUDGE BIDDLE.
Judge Horace P. Biddle, of Logansport, second judge of How- ard county, said of Judge Wright; "It must not be overlooked that his mind was not steady. He was not all bad, by any means. He was governed by fits and starts. The mind of the man, I may say, was flighty in a sense, inclined to aberration-more so at cer- tain times than at others. For a period his decisions would be cor- rect and his whole bearing judicial. I have known him many a time to announce his decisions in perfect order and to conduct cases with the greatest propriety. At other times he would fly off in every direction and we could not tell what he would do. Becoming eccen- tric he would reverse in principle every one of his former decisions with the greatest sincerity and honesty, apparently believing that he was deciding the same way he had before. He would tell with- out any visible motive gigantic falsehoods. These seldom proved to be of injury to anyone, however. Seemingly he believed every- one of them. One winter I had seen quite a large herd of deer. In number there must have been at least ninety. In telling of it I rather had a dislike of making the number that high, for fear some might think I was not telling the exact truth. But 'Jack,' as Judge Wright was called, heard the story and endeavored to relate it. The number of deer, according to him, was fifteen hundred.
"On a certain occasion he told me a great cock-and-bull story about Lincoln. He said: 'Lincoln is a fool. I was in Washing- ton, not long since, and called upon the President. He told me he
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was surrounded by thieves, by robbers, by murderers, by assassins ; that he did not know what to do and that he was momentarily expecting trouble; and that if he got into trouble he wanted me ( Wright) to come to Washington and help him.' 'Did he really tell you that. Jack?' I asked. . 'To be sure,' answered Wright. 'Then Lincoln certainly is a fool,' I answered. Judge Wright exagger- ated and falsified unconsciously.
WALKED IN HIS SLEEP.
"He was a somnambulist. One night we were bunking together as travelers had to do in the early days of the state, as bed room was rather limited. After we had been asleep two or three hours he suddenly sprang upon me, seized me by the throat and began choking me. Though sound asleep his eyes were wide open and he glared upon me with the fury of a maniac. I beat him vigorously in the ribs, but it was some time before I awakened him. 'My heavens, Jack.' I said, 'what do you mean choking me this way?' 'I am very sorry. Judge,' he replied; 'I did not know I was choking you.
"He was vicious at times. In him the good and the bad alter- nately predominated. I think he was incapable of a persistent fraud. He had a good heart, spoke and acted well and was by no means intensely selfish. I was very intimate with him. In his con- fidential moods he intrusted his secrets to my keeping. When he was worried or in trouble, or had been abused, he always came to me. One day he stepped into my office. As was characteristic of him he puckered up the left corner of his mouth, and intently stared at me, his head being to one side. Alternately rubbing his hands together, with his right fist he would beat his breast with great rapidity. While going through this gymnastic performance he
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finally blurted out, 'Judge Biddle, what do you think of me, any- way?' 'Can you stand the truth?' I asked. He replied that he thought he could. 'Well, Jack,' said I, "I'll tell you. If all the bad in you were absent you would make a good citizen. But if all the good in you had been taken away and nothing but the bad left, you would have been in the penitentiary long ago.'
"Estimates of Judge Wright as a speaker differ. I never thought that he was possessed of genuine eloquence. The chief fault of the man as a speaker was repetition. He often spoiled his points. 'Jack' was a great temperance worker. Once in an address upon that subject he tried to imitate Patrick Henry, in a speech made in defense of a man who had sued the officers furnishing sup- plies to the revolution, in which speech Henry made use of about this language: 'But what note of discord do we hear? That of John Bull, shouting, "Beef ! Beef ! Beef!"' . Wright blundered along after this fashion: 'In this age of peace and sobriety we hear a shout of peace and prosperity arising. Arising from the earth. As high as heaven-as high as heaven. Yes, higher than heaven --- arising-arising-higher than heaven-arising from Maine to Geor- gia.' This was ever afterwards spoken of as Wright's climax.
"Judge Wright was not for ceremony in adjourning court. Sometimes he even adjourned court without the knowledge of the bar. Once he did this. The grand jury, unable to secure accom- modations in the courthouse, were in session in the jail. He ad- journed court proper then. Judge Wright proceeded to dismiss them by going to the door of the jail building and exclaiming: 'Go home, gentlemen !'
"Judge Wright went to Washington City, where he died. While there he became quite wealthy. Just how he made his money I never knew. The last five or six years of his life he was per- fectly helpless. His body was finally brought to Logansport for
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reinterment. He was a Presbyterian in faith and believed that his election was sure. He was firmly convinced that he was one of the elect. The expressions which he used most frequently were 'dyed in the wool,' and 'for the love of God and the Democracy.' He was a very enthusiastic Democrat."
AN ABLE JURIST.
Judge Biddle, Howard county's second judge, was an able jurist, a savant, and a gentleman of broad culture. At eighty years of age his hair was thin and gray. His forehead was broad and retreating. The most delicate pencil lines in a crayon portrait would have sufficed for his eyebrows, from beneath which peeped eyes, small, keen and intelligent, such as are commonly ascribed to acute logicians. Deep furrows had plowed their downward way upon his countenance, throwing up upon either cheek swollen veins of flesh. The features of the man told plainly that for years he had been a tireless student, and upon his brow could be seen the evidence that the brain within for years had been busy with wast- ing thought.
The language which the judge used stamped him at first blush as a linguist. His memory in his age was strong, clear, and accu- rate. Seemingly inexhaustible was the storehouse of his mind. He was an expert mimic, a fine musician, a writer upon the technology of the subject, and played a violin to perfection.
Upon his retirement from the supreme bench of Indiana and the active practice of the law, Judge Biddle lived the closing years of his life upon Biddle's island, adjacent to Logansport. He and his wife had disagreed, the judge conceiving a jealousy of her, and a separation followed. The judge attempted to secure a divorce but failed. His wife also lived on the island, and while he always spoke
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to her if he chanced to meet her, he never was reconciled again to her, although she also lived upon the same island. Judge Biddle passed the last years of his life alone, surrounded by his books and living in a house that was a literary curiosity and an antique museum.
In the room most frequented by Judge Biddle was an old bureau filled with curious things and an old-fashioned bedstead, the posts of which were four feet from the floor, the two one way topped by a couple of hats. Along the north wall of the room, immediately behind the stove, was a row of boots and shoes, as the judge care- fully preserved cast-off footwear and headwear, having thus a com- plete museum of styles. The walls were hung with pictures and dotted with plaster of Paris statuary.
Proceeding through a door of heavy box-like casing, one came into a hall papered with maps, and clinging to the ceiling of which was a birch canoe and Indian moccasins. A cabinet contained a collection of relics. A case was filled with geological specimens, upon the top of which rested the models of two large vessels. In a corner leaned a rifle picked up at Island No. 10. Near it was a sword and scabbard pinioned to the wall. Keeping company with these two articles was a large whalebone. In a stand of canes was the one with which Judge Biddle struck Senator D. D. Pratt over the head, a courtroom incident of state note. The Biddle home con- sisted of nine rooms, in which seven were occupied with collections of books, several thousand in number. In several, troughs of books hung from the ceilings. One room Judge Biddle used as a work- shop and employed himself in building the second musical instru- ment. In one room he had cords of books and a stuffed bear. In an outside building he had newspaper files which covered a period of over half a century.
Judge Biddle, who served with Associate Judges Long and Ervin, said of the system :
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"I was rather attached to the system of associate judges. Those judges were first-rate jurors, upon questions of fact before the court. Their assistance was often very valuable, being acquainted with the credibility of witnesses and the solvency of proposed sure- ties, as well as various other matters of legal importance. Upon the technicality of legal procedure, I seldom consulted them. Once in a while they would overreach themselves by yielding to a very effective and plausible moral appeal and sometimes announced rulings formed from imperfect data. But they were most generally in the right and their motives uniformly pure."
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