USA > Indiana > Huntington County > History of Huntington County, Indiana : a narrative account of its historical progress, its people, and its principal interests, Volume I > Part 29
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Another old time newspaper of Andrews was the Antioch Free Trader, of which G. W. Bell was editor and publisher, but the paper was printed somewhere in Ohio. It was issued at irregular intervals and was devoted especially to advertising the business concerns of the town.
The Andrews Signal, the present newspaper, was founded in 1892 as a weekly independent paper. It is published every Friday by O. K. Gleason and is devoted chiefly to the dissemination of the local news.
Markle has two weekly newspapers-the Journal, which began its career in 1892 and is now published every Thursday by W. W. Rogers, and the Gazette, founded in 1913 and edited by B. M. Kester. The latter is also issued every Thursday.
Roanoke's first newspaper, the Register, was established by H. D. Carroll in 1871, the citizens of the town aiding him by purchasing the press and fitting up the office. After publishing the paper for about a year, Mr. Carroll sold out to A. J. Salts, one of the vigorous, old-time journalists who "hit straight out from the shoulder" and called a spade a spade. About the time he assumed control of the Register, the Hunt-
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ington Democrat had a correspondent in Roanoke who signed his name "Doesticks." It was not long until a controversy arose between this correspondent and Mr. Salts and so much interest was aroused that the circulation of the Register mounted to about two thousand copies weekly. Mr. Salts was succeeded by P. D. Lee, and the Register, after several changes in management, became the property of Samuel D. Makepeace, who removed the office to Illinois.
The Roanoke Review was established in 1895. One of the early editors was Lewis Cilles, and later the paper was conducted by W. T. Lambert, who made it probably the best all round newspaper ever published in the town up to that time. For awhile the Review was printed in the office of the Huntington Herald, but in the spring of 1914 Edward Nicholson took charge of the office as publisher, with Miss Lena Miner as editor, and the paper is now printed in Roanoke.
On June 13, 1913, the first number of the Roanoke Clipper made its appearance, with C. A. Frakes as editor and proprietor. It is a weekly, eight page, six column paper, and is devoted to the local news and the general advancement of Roanoke and the immediate vicinity.
The first newspaper in the Town of Warren began its career in December, 1878, under the name of the Warren News, with J. W. Surran as editor and publisher. In the winter of 1881 the office was destroyed by fire, but it was soon rebuilt and the name of the paper was changed shortly afterward to the Warren Republican.
Some ten years later the Warren Independent made its appearance as a rival in the field, and in 1898 G. W. Fleming, who was connected with the Exchange Bank, and W. P. Hofferbert started the Warren Tribune. Mr. Fleming soon retired, leaving Mr. Hofferbert as the sole proprietor. When the Spanish-American war begun, the editor of the Independent entered the army and in 1899 that paper was consolidated with the Tribune.
In January, 1901, Mr. Hofferbert sold out to A. W. McCulloch and went South. Early in 1902 Monroe Wiley became a partner of Mr. McCullough, and on March 15, 1902, the Republican, which had been in existence for twenty years, was absorbed by the Tribune. In 1906 Mr. Wiley purchased his partner's interest and now conducts the Tribune -the only paper in Warren. In October, 1908, Mr. Wiley installed a new press, thereby giving the Tribune an equipment equal to that usually found in the modern newspaper office.
Taken as a whole, the newspapers of Huntington County will com- pare favorably with those published in other counties of the state. The men who publish them are, as a rule, energetic and experienced jour- nalists, and their power in the field of educational development can hardly be overestimated.
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PUBLIC LIBRARIES
About 1850 William McClure, of New Harmony, Indiana, provided in his will that whenever a society of persons, "who labor with their- hands and earn their living by the sweat of their brows," should organize and procure 100 volumes as the nucleus of a library, such society should receive $500 from his estate. Under the provisions of this will numerous "Workingmen's Institutes" and "McClure Libraries" were established in the state, one of which was at Huntington.
In 1874 the Huntington Public School Library Association was organ- ized, with James Baldwin, then superintendent of the public schools, as. president. Life memberships in the association could be secured by pay- ment of $12, and the annual dues for yearly members were fixed at $2 for each member. A room in the Central School building was set apart for the use of the association and in a short time a library of about one thousand two hundred volumes, a large number of which came from the old McClure Mechanics' and Workingmen's Library, was accum- ulated.
The first librarian was Miss Melinda M. Embree, one of the teachers in the public schools. She was succeeded by Miss Eliza A. Collins. Other librarians under the old order of things were James Roche and Miss. Mary Hawley.
In 1889 the Indiana legislature passed an act concerning the estab- lishment of free public libraries and before the close of the year the Huntington library was reorganized under the provisions of the new law. Since that time it has been known as the "City Free Library." Miss Maggie C. Dailey was the first librarian under the reorganization and continued in charge of the library until 1898, when she was suc- ceeded by Miss Lyle Harter.
About the beginning of the present century the school board found it necessary to occupy the library room for school purposes, and in December, 1901, Andrew Carnegie offered to donate $25,000 for the erection of a public library building. His offer was accepted the fol- lowing month, a site was selected at the northwest corner of Warren and Matilda streets, on the school lot, and plans for a building 55 by 70. feet, two stories in height, with basement, to be constructed of Bedford stone, with red tile roof, were submitted to and approved by Mr. Car- negie. The contract cost of the building was $19,288.69, but this did not . include the plumbing, heating plant, lights, decorations and furniture, which brought the total cost up to about thirty thousand dollars.
The library was opened to the public on February 21, 1903, with Miss Lyle Harter as librarian. She continued in charge until the next year, when she was succeeded by the present librarian, Miss Winifred F ...
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Ticer, whose assistants are Miss Priscilla McArthur and Miss Katherine Hartman. At the beginning of the year 1914 the board of trustees was composed of J. M. Scudder, O. W. Whitelock, C. H. Small, F. S. Bash, E. E. Woolery, Crawford Hathaway, Curtis Merriman, Peter Martin, Mrs. A. E. Abbott, Mrs. Charles McGrew and J. W. Caswell.
The main floor, or library department, has a capacity of 45,000 volumes and about 20,000 volumes are now upon the shelves. Up stairs are an assembly hall, a museum and a room for newspaper files. On December 9, 1911, a room for railroad men, civil engineers, mechanics and students of applied sciences was opened down stairs. Here are several hundred volumes relating to railroading, electricity, etc., and a number of technical magazines are received every month. The Erie
CITY FREE LIBRARY, HUNTINGTON
Railroad Company contributed liberally toward the fitting up of this room, and other railroad companies donated pictures, maps, etc. The library is also provided with a children's room, toilet rooms and all the other appurtenances usually found in the modern public library.
The Indiana Public Library Commission, in one of its recent reports, published illustrations and floor plans of the Huntington library as a model building for a small library. All the rooms in the building are well lighted and the institution is one of which the people of the city are justly proud.
In September, 1907, Miss Helen Tyner, a teacher in Huntington, inaugurated a movement for the establishment of a public library in Andrews. She succeeded in interesting Miss Mattie Tyner, Mrs. W.
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F. Kelsey, Mrs. Lessel Long, Mrs. Frank Morris, Mrs. Otto Gleason, Mrs. Doctor Poinier, Mrs. C. R. Stanley, Mrs. Florence McNown, Miss Chloe Brandon and one other woman, each of whom paid one dollar as the basis of a library fund. With this little club of eleven members and a fund of $11 in the treasury, a canvass was begun for new members. In 1910 the club numbered about one hundred and twenty members and the library contained about one thousand two hundred volumes.
The library was first opened in the Methodist Episcopal church, but after a short time a small building was secured on the main street and here the institution has permanent quarters. The officers of the club for 1914 were: Mrs. Hazel Wasmuth, president ; Mrs. Maude Heiney, vice president ; Mrs. Josephine Bixby, secretary ; Mrs. Myrtle Rudig, treasurer ; Mrs. Elizabeth Endicott, librarian; Mrs. Mattie Rudig and Miss Esther Iry, assistant librarians. There are also a board of directors, composed of Mrs. Emma Fults, Mrs. Laura Fox and Mrs. India Small. The total number of books in the library at the last annual report was 1,531.
The Roanoke public library had its beginning in February, 1910, when a number of women belonging to the various lodges and clubs met to discuss the advisability of establishing a circulating library. In this meeting the Rebekah and Eastern Star lodges, the Woman's Christian Temperance Union, and several social and literary organizations were represented. An organization of a library association was effected with Mrs. E. E. Richard as president. Among the women who took a promi- nent and active part in the movement were Mrs. Dr. Koontz, Mrs. N. W. Van Arsdol, Mrs. E. M. Wasmuth, Mrs. Florence DeLong and Mrs. C. L. Hackett.
For awhile the library had its ups and downs, but at last sufficient interest was aroused to give the movement an impetus. A room was secured over Wasmuth's hardware store, where the library is open on Monday, Wednesday and Saturday evenings. No regular librarian is employed, the members of the association taking turns in performing the duties. The number of volumes is about one thousand, some two hundred of which were contributed by Dr. W. C. Chafe, of Huntington, who for- merly practiced his profession in Roanoke. The president of the associa- tion for 1914 was Miss Edith Glock.
In addition to the public libraries in Huntington, Andrews and Roanoke, the trustees of the various townships have been liberal in pro- viding libraries in connection with the work of the public schools, and at the close of the school year in 1914 there were approximately ten thousand volumes in the graded and high school libraries of the county, most of which were works of a historical or literary character by standard authors.
Vol. I-18
CHAPTER XIV
THE BENCH AND BAR
EVOLUTION AND PURPOSE OF THE COURTS-JUSTICES OF THE PEACE- EIGHTH JUDICIAL DISTRICT-FIRST SESSION OF THE CIRCUIT COURT -BRIEF SKETCHES OF THE EARLY JUDGES-ASSOCIATE JUDGES- CHANGES IN THE COURTS BY THE CONSTITUTION OF 1852-PROBATE COURT-COURT OF COMMON PLEAS-COURT OF CONCILIATION-CIR- CUIT COURT UNDER THE NEW CONSTITUTION-JUDGES SINCE 1853- LIST OF JUDGES AND PROSECUTING ATTORNEYS-THE HUNTINGTON COUNTY BAR-SKETCHES OF OLD-TIME LAWYERS-COUNTY BAR ASSO- CIATION-ATTORNEYS IN 1914-SOME NOTED TRIALS.
Robert Burns, the Scottish poet, in his cantata of the "Jolly Beg- gars," in which is represented a number of vagabond characters gathered at the house of "Poosie Nancy," makes one of the assembled guests sing a song with the following refrain, in which the company joins with great glee :
"A fig for those by law protected ; Liberty's a glorious feast ; Courts for cowards were erected, Churches built to please the priest."
Perhaps there are some in the present day who entertain views similar to those expressed by the Jolly Beggars' refrain, but the history of civilization shows the great bulwark of human rights to have been in the enactment of just laws, their interpretation by an intelligent and unbiased judiciary, and their enforcement by a competent and cou- rageous executive.
Liberty is a glorious feast, but liberty without law quickly becomes anarchy. Courts were not erected for cowards, but for the protection of the life, liberty and property of all classes of citizens, without regard to social distinction. It has been said that "the measure of a people's civilization can always be determined by the condition of its judiciary." Much has been said and written about the venality of courts and the trickery of lawyers, and, unfortunately, some of the charges have been true. But should the entire legal system of a country be condemned
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because a few judges have been corrupt, or an occasional lawyer has developed into a shyster or pettifogger? Certainly no one would think of denouncing the whole medical profession as a fraud on account of its quacks and empirics, or the public press of the nation because of a few instances of so-called "yellow journalism."
Among the members of the legal profession are found many of the most distinguished and patriotic men in the country's history. In the galaxy of great Americans what names shine with greater effulgence than those of Patrick Henry, John Marshall, Thomas Jefferson, James Monroe, Daniel Webster, Henry Clay and Abraham Lincoln ?
In the very dawn of human progress the idea that there must be som'e rule for the protection of individual rights and some tribunal for the enforcement of that rule found a lodgment in the minds of the people. From that humble beginning can be traced, step by step, the development of civil law, the expansion of the courts and the broader scope of civil government. ยท The old Hindoo laws of the Punjab, the Mosaic law, the Julian code of ancient Rome, each a slight advance over its predecessor in its guaranty of greater liberties to the people, paved the way for the Magna Charta of Great Britain and the establishment of popular gov- ernment in the American Republic.
The transactions of the courts in any community make an important chapter in its history. For almost a year after Huntington County was organized justice was administered by minor courts, presided over by justices of the peace. At the August term of the County Commissioners' Court, in 1834, the following certificate was received and ordered spread upon the records :
"Huntington, August 25, 1834.
"I hereby certify that I have assessed a fine of three dollars against Daniel Johnson for swearing three profane oaths, and have collected the same. Given under my hand and seal this day and date above written. JOHN BURKE, J. P.
"JOHN F. MERRILL, Deputy Clerk."
When the county was organized, under the act of February 1, 1834, it was attached to the Eighth Judicial district, which was composed of the counties of Cass, Miami, Huntington, Wabash, Allen, Laporte, St. Joseph, Lagrange and Elkhart. The records show that the first session of the Circuit Court was held at the house of Jonathan Keller, in the Town of Huntington, beginning on Monday, March 2, 1835. At that time the Circuit Court consisted of a president judge, elected by the State Legislature, and two associate judges in each county, elected by the people of that county. Gustavus A. Everts, of Laporte County, was the president judge of the first Circuit Court ever convened in Hunting-
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ton County, and the associate judges were Jonathan Keller and Murdock McLane.
Judge Everts was a man of fine address, and, though not profoundly learned in the law, he was possessed of considerable tact, and this, with his inherent sense of right and justice, won for him the reputation of being an able and conscientious judge. Horace P. Biddle, who knew him well, says that as a lawyer "he was extremely astute in the man- agement of witnesses, and in cases that move emotion, or touched passion, or appealed to the feelings which stir our common nature, he was very powerful-far more successful than when he attempted to convince the understanding."
Such, in brief, was the character of the first judge who presided over the Circuit Court in Huntington County. The court was held in an upper room of Keller's tavern. At one end of the room was a table, behind which sat the judges, while on the opposite side were the lawyers and their clients, the spectators ranging themselves about the room as best they could. Three men were in jail when the court met- John Morgan and John Mulhanan, charged with robbery, and Thomas Curran, charged with larceny. Curran was sent to the state's prison for two years; the jury disagreed in the case of Morgan, who was re- leased on bond and disappeared, and the records do not show what became of Mulhanan. Jeremiah Barcus was fined for selling intoxicating liquors contrary to law, and a number of minor cases, affecting "the peace and dignity of the State of Indiana," were disposed of during the four days the court was in session. The first civil cause was a suit brought by Isaac Spencer vs. Jonathan Keller on account, in which the plaintiff received judgment for $138.36. The expenses of the term werc trifling when compared with the courts of the present day. The two associate judges each received $8 for their four days' services; Jonathan Keller was allowed $10 for room and fuel for the term; Obadiah Brown re- ceived $1, Chauncey Tuttle $2 and Paul Burke $4 as bailiffs. Eighteen foreign-born citizens received their naturalization papers at this term.
At the first term of the Circuit Court William S. Edsall was clerk; William G. Johnson, sheriff, and Samuel C. Sample, prosecuting attor- ney. In February, 1836, the judicial district was enlarged by an act of the Legislature to include the counties of Porter, Marshall, Fulton, Kosciusko, Noble and Adams-practically all of the northern fourth of the state. The following August Judge Everts was succeeded by Samuel C. Sample, of Allen County, as circuit judge and Joseph L. Jernegan was chosen prosecuting attorney. At the same time George A. Fate was elected associate judge to succeed Jonathan Keller.
Judge Sample was a plain, practical man, of no extraordinary ability,
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guided as much by the dictates of common sense as by the technicalities of the law. An old lawyer said of him after his death: "At the bar and as president judge of the Circuit Courts, he stood high among the most efficient and able practitioners, and was one of the purest judges that has graced the bench." He served as judge of the Eighth Judicial circuit but a short time, having been succeeded by Charles W. Ewing, of Allen County, in March, 1837. After retiring from the bench he represented the district in Congress, where he won the regard of his constituents by his active and conscientious work in their behalf.
Judge Ewing was a brilliant orator and a lawyer who stood high in the profession wherever he was known. Although he never studied grammar, his language was pure and his diction almost perfect, his faculties in these respects having been developed through his custom of reading only the works of the best authors. He resigned his office of judge in the summer of 1839, after which he became dissipated in his habits and died by his own hand on January 9, 1843, at Fort Wayne. It has been said of him that "As a judge he was quick and ready in com- prehending the facts involved, and in giving his conclusions of law thereon. He was deservedly popular both on the bench and at the bar."
A little incident that occurred in Huntington County while Judge Ewing was on the bench is indicative of his character. It seems that Isaac N. Harlan, who was chosen clerk of the Circuit Court in 1837, grew somewhat remiss in the performance of his official duties. At the March term in 1839, forbearance on the part of the court having ceased to be a virtue, Judge Ewing caused the records to show that the clerk was guilty of "gross carelessness, neglect, inefficiency and a total dis- regard of official duty and responsibility." Specific charges of this nature caused Mr. Harlan to resign his office, and the judge appointed William Shearer to the vacancy. Being a worker himself, Judge Ewing could not tolerate idle or neglectful court officials.
On August 20, 1839, Governor Wallace appointed Henry Chase, of Cass County, to fill the vacancy caused by the resignation of Judge Ewing. A contemporary of Judge Chase describes him as "a close and ready pleader, seldom or never asking for time to prepare his papers ; had a clear, logical mind and great force of character. As a judge he was dignified, self-reliant and unequivocal, making no mistakes in the enunciation of his decisions; his style brief, yet exhaustive." Judge Chase served but a few months, however, as the Legislature which con- vened in December, 1839, elected John W. Wright, of Cass County, to preside over the circuit courts of the Eighth Judicial district, to which Carroll County was added by an act passed at the same session.
Judge Wright served the full term of seven years, but for only about
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two years of that time did he preside over the Circuit Court of Hunting- ton County. He was not a profound lawyer, but was industrious, and transacted a great deal of court business during his term. His decisions were not always satisfactory to litigants and their attorneys, but very few appeals were taken during his term of office. He held his first term of court in Huntington County in March, 1840, when Lucius P. Ferry entered upon the duties of prosecuting attorney.
At the September term following, the first divorce suit ever filed in Huntington County came up before Judge Wright for adjustment. The complainant was Elizabeth Winters, whose husband, Joseph Winters, entered no opposition, and she obtained her decree.
In March, 1841, the first term of court was held in the new court- house, on the southeast corner of Jefferson and Franklin streets. While the courthouse was under construction the sessions of the court were held in the schoolhouse on West State Street. This courthouse was the frame building erected by General Tipton and presented to the County of Huntington.
The Legislature of 1841-42 redistricted the state for judicial pur- poses. Under the provisions of the new act Huntington County was included in the Twelfth district, which included the northeastern portion of the state, and James W. Borden, of Fort Wayne, was elected to the office of president judge by the Legislature. William H. Coombs was the first prosecuting attorney under the new law. He served but one year, when he was succeeded by Lysander C. Jacoby, but Judge Borden con- tinued on the bench until 1851. His long continuance in the office bears testimony to his ability as a lawyer and his popularity as a judge. During his entire term Joseph Wiley was clerk of the court in Hunt- ington County, having been elected to the office in 1840 and continuing to hold it by re-elections until April 16, 1855, when he was succeeded by Samuel H. Purviance.
Elza A. McMahon was elected president judge of the Twelfth Judi- cial district in 1851, and held his first term of court in Huntington County in September of that year. He was a resident of Fort Wayne, had served as special prosecuting attorney in 1846, and was one of the best known lawyers in Northeastern Indiana. He continued on the bench until the new state constitution of 1852 went into effect. After that he practiced his profession in Fort Wayne for a few years and then removed to one of the western states. Charles Case was the last prosecuting attorney under the old constitution.
Such, in brief, is the history of the Circuit Court of Huntington County from the time of its organization to the adoption of the present constitution, which made several radical changes in the character and
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procedure of the courts. One of these changes was the abolition of the office of associate judge. When the constitution of 1816 was framed, the convention had in view the establishment of a system of government that would guarantee the largest degree of local self-government, hence the provision was made for two associate judges, who should be residents of the county, adding to the court what the newspaper man calls "local color." As a matter of fact, the office was more for show than for actual service. In a large majority of the associates, they were men whose knowledge of the law was limited, and their opinions were ren- dered in harmony with the president judge, though in a few instances they held court when the president judge was absent. In September, 1842, Judge Borden was unable to preside over the sessions of the court at Huntington, and Samuel B. Caley and William C. Parker, the two associates, held court for one week, but the records do not show that they heard and decided any important cases. An Indiana writer, about the time the new constitution took effect, commented upon the associate judges in a rather sarcastic vein, as follows :
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