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 30
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"One almost regrets the absence from the bench of the associates. It is true they were not distinguished, in a general way, for their pro- fundity in legal lore, but they gave to the tribunal, especially when in consultation, a look of sapient dignity, and to the judicial rulings the moral force of conclusions reached by three persons without division of opinion. Whether the associates sacrificed their own convictions of law in concurring so uniformly with the president, as they were in the habit of doing, or whether their concurrence was inevitable from an independ- ent understanding of the law, is one of those mysterious questions of fact about which it might be unjust to express an opinion. It was no un- common thing, however, for the irreverent first settler to speak of them as ciphers, and even to suggest that it might cost the taxpayers less to supply their places by wooden men."
Another change that came to the courts of Indiana under the new constitution was the simplifying of the code of practice by the elimina- tion of many of the old common-law methods, with their long and tedious forms. A few of the fictions of the common law were retained in the new code, but the most of them were relegated to oblivion, along with other abandoned relics of the Middle Ages. By the new code it was required that all actions should be prosecuted and defended in the names of the real parties at variance, and John Doe and Richard Roe were forever banished from the courts as mythical plaintiff and defendant. At first, some of the older lawyers were inclined to resent the introduction of the new regime. They had studied the common-law methods, were thor- oughly familiar with common-law principles, and were reluctant to aban-
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don them for what they considered an untried and impracticable experi- ment. A few of the old-time lawyers were so stubborn in their opposition that they gave up their practice altogether rather than make the effort to adapt themselves to the new-fangled notions. They evidently believed in the old saying "It is hard to teach an old dog new tricks." But as time went on, the justice and reasonableness of the new systemn grew in popularity, and those of the older attorneys who continued in practice admitted that there was "at least some improvement over the old way."
In 1831, three years before the County of Huntington was organized, the Legislature passed an act providing for the establishment of a pro- bate court in each county of the state. This tribunal had jurisdiction in probate matters only. The law further provided that the probate judge should be elected on the first Monday in August and should receive a salary of $3 per day while his court was actually in session. The asso- ciate judges of the Circuit Court were made judges ex-officio of the Probate Court, with power to hold court in the absence of the regular probate judge. The clerk of the Circuit Court was also clerk of the Probate Court, and the probate judge was permitted to practice law in all the courts of the state except his own. Another provision of the law was that the qualifications of a candidate for probate judge had to be certified to by either a judge of the Supreme or Circuit court. The probate judges, like the associates of the Circuit Court, were residents of the county and generally knew very little law, but appeals from their decisions could be taken to the Circuit Court.
A Probate Court was established in Huntington County soon after its organization, but the early records of its proceedings are incomplete. The oldest record that has been found bears date of November, 1838, when William Shearer was probate judge, and it is believed that he had served in that capacity from the time the court was first established. Shortly after that he was succeeded by James Gillece, who served until 1841, when Mr. Shearer again became judge. In 1848 David Garlick was elected probate judge and served until 1850, when he was succeeded by William B. Schencke, who continued in office until the court was abolished by the constitution of 1852 and its business transferred to the Court of Common Pleas.
In 1848 common pleas courts were established in the counties of Jefferson, Marion and Tippecanoe. These were the first courts of this character in the state, and were created for the purpose of relieving the circuit courts in the more populous counties of numerous unimportant cases then pending. Upon the adoption of the new constitution in 1852, common pleas courts were provided for in every county of the state and were given exclusive jurisdiction of probate matters. They also had
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concurrent jurisdiction with the Circuit Court in all actions except those for slander, libel, breach of marriage contract, on official bonds of public officers, where title to real estate was involved, or where the sum in controversy exceeded $1,000. In criminal cases the jurisdiction of the court extended to all offenses less than felony, or those over which justices of the peace had exclusive jurisdiction, and under certain re- strictions the Common Pleas Court could hear and decide cases of felony. It also had concurrent jurisdiction with justices of the peace where the sum involved did not exceed $50.
The judges of the Common Pleas courts received salaries varying from $300 to $800 per annum, dependent upon the population of the county and the amount of business transacted. They could practice law in all the courts of the state except their own. When first established, appeals could be taken from the Common Pleas Court to the Circuit Court, but this privilege was afterward abolished. Appeals, however, could be taken to the State Supreme Court. The clerk and sheriff of each county performed their respective duties for the Court of Common Pleas and the Circuit Courts alike.
There was one feature in connection with the Common Pleas Court with which many lawyers of the present day are not familiar, and that was the "Court of Conciliation." By the act of June 11, 1852, the common pleas judge was made ex-officio judge of the Court of Concilia- tion, which had jurisdiction in actions for libel, slander, malicious prose- cution, false imprisonment, assault and battery and some other causes, but the power of the court extended only to effecting a reconciliation or compromise. In hearing these cases, no attorney was permitted to appear for either side. The judge alone heard the statements of the contending parties, after which he explained the law "in such cases made and provided," and often effected a settlement of the dispute without the delay and expense of a trial in open court. In cases where the rights of a minor were involved, the parent or guardian of such minor appeared, and in the case of a female, appearance was made by her husband or next friend. The Court of Conciliation was discontinued in 1867.
The first term of the Common Pleas Court in Huntington County was held in June, 1853, with Wilson B. Loughridge as judge. He came from Brown County, Ohio, to Huntington in 1842, and in September of that year was admitted to the bar, having previously studied law with Gen. Thomas Hamer, of Ohio. Judge Loughridge was of Irish extraction, well educated and thoroughly familiar with the principles of law. In 1862 he removed to Peru and for several years was editor of the Miami County Sentinel. He died in 1883.
The last term of the court in the county was held by Judge Samuel
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E. Sinclair in February, 1873, the Legislature of that year having passed an act abolishing the court and providing that all pending cases should be transferred to the Circuit Court.
The official seal of the Huntington Circuit Court was adopted in September, 1839, and is thus described: "A circular metallic disk, with the words on the margin, 'Circuit Court, Huntington County, Indiana,' inclosing in the center the figures of three sheaves of wheat, surmounted by the figure of a plow and a pair of scales suspended by a hand, and these partly inclosed by a wreath of flowers."
The first term of the Huntington County Circuit Court under the constitution of 1852 was convened in February, 1853, with John U. Pettit, of Wabash County, as judge, J. M. Coombs, prosecuting attorney, Joseph Wiley, clerk, and Henry Brown, sheriff. Judge Pettit had pre- viously served in the Indiana Legislature and as United States Consul at Rio Janeiro, Brazil. He was well educated, both in law and litera- ture, and was a man well informed on a multitude of subjects, well qualified to assume the trying duties of reorganizing the Circuit Court under the new code. The judicial district over which he was called to preside was composed of the counties of Carroll, Cass, Miami, Wabash, Huntington and Grant. Judge Pettit remained on the bench but a short time, resigning in the fall of 1853 to enter Congress, where he served four consecutive terms, having been elected three times as a democrat and once as a republican. In 1862 he was commissioned colonel of the Seventy-fifth Indiana Infantry, but his military career was cut short by failing health.
When Judge Pettit resigned, Governor Wright appointed John Brownlee, of Grant County, to the vacancy, but the records do not show that Judge Brownlee ever held court in Huntington County under that appointment. In 1854, John M. Wallace, one of the leading lawyers of the Grant County bar, was elected to fill out the unexpired term of Judge Pettit. He has been described as "a man of fine address, affable manners, a fluent speaker, a good lawyer and a conscientious, impartial jurist." His first term in Huntington County was in February, 1855, with Lambdin P. Milligan as prosecuting attorney. For about a year during his term of office the Circuit Court of Huntington County was presided over by John Brownlee, by appointment. According to rumor, the reason for this was that Judge Wallace was unfortunate enough to gain the enmity of a Huntington man, who expressed a desire to "go gunning" for him. After a year or so the affair quieted down. Wallace resumed his place upon the bench and faithfully discharged his duties for the remainder of his term. .
In the fall of 1860 Horace P. Biddle, of Cass County, was elected to
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succeed Judge Wallace. Judge Biddle had previously served upon the bench ; was a delegate to the constitutional convention of 1852, in which he took a conspicuous part in remodeling the judicial system of the state, and was regarded as one of the most distinguished jurists of Indiana. He held his first term of court in Huntington County in March, 1861, at which time Meredith H. Kidd became prosecuting attor- ney. In 1866 he was re-elected for a second term of six years, but before the expiration of that time a change was made in the judicial districts of the state, and Judge Biddle's connection with the courts of Hunting- ton County ended in 1869. In 1874 he was elected to the Supreme bench of Indiana, and served for six years as a member of that august tribunal.
Gen. John Coburn, in his History of the Indiana Supreme Court, describes Judge Biddle as "a small, wiry, active, pale-faced, nervous man, with dark eyes, and lofty forehead, scholarly appearance and retir- ing habits, but a most genial companion to his friends. A keen and active practitioner, putting his points with great clearness and force, he was a formidable advocate and became a famous lawyer, a Circuit and a Supreme judge. His poems, like his briefs and opinions, are marked with the taste, point and precision of the student. He could speak with great force on the stump, before a jury or to the court."
Robert Lowry, of Fort Wayne, came upon the bench at the Sep- tember term in 1869. He was considered one of the ablest judges in the state, but after serving for many years in judiciary positions in North- eastern Indiana he entered politics and was elected to Congress. He knew the law, and as judge always maintained a dignified bearing upon the bench.
Early in the year 1873 John U. Pettit succeeded Judge Lowry, but he served in Huntington County but a short time, when a change in the judicial district was made and James R. Slack, of Huntington County, became circuit judge.
James R. Slack was born in Bucks County, Pennsylvania, September 28, 1818. He received an academic education, and when nineteen years of age came to Indiana with his parents, who settled in Delaware County. He taught school and read law as opportunity offered until the day he was twenty-two years old, when he was admitted to the bar. Soon after that he came to Huntington, where he was admitted to the bar in March, 1841. He did not begin practice at once, but taught school to replenish his finances, as he had but $6 in money when he arrived in the county. Next he was deputy clerk for about two years, and was elected county auditor in 1842. After holding that office until 1851, he was elected as a democrat to the State Senate, where he served two terms. He then
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engaged in the practice of his profession until 1858, when he was elected to Congress. In 1860 he was re-elected, but resigned in May, 1861, to assist in raising the Forty-seventh Indiana Volunteer Infantry, of which regiment he was made colonel. In November, 1864, he was commissioned brigadier-general, and in March, 1865, was brevetted major-general. He was mustered out in January, 1866, and practiced his profession of law until appointed circuit judge in 1873. In 1878 he was elected judge for a full term of six years, but did not live to com-
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HENRY B. SAYLER
plete that term. On July 28, 1881, while standing on the corner of Fifth Avenue and Madison Street, in the City of Chicago, waiting for a street car, he was stricken with paralysis and died within an hour. To what- ever position he was called-teacher, public official, lawyer, soldier or judge-General Slack gave his honest endeavors to the discharge of his duties, and his death was sincerely regretted, both by the members of the bar and the general public.
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In August, 1881, Henry B. Sayler was appointed judge of the Twenty-eighth Judicial Circuit, to fill the vacancy caused by the death of Judge Slack. Judge Sayler was born in Montgomery County, Ohio, March 31, 1836. His grandfather Sayler was at one time a member of the Ohio Legislature, and his father served in the Indiana Legislature after removing to this state. His maternal grandfather, Henry Hipple, was a judge of the old Common Plcas Court, so it will be seen that Judge Sayler belonged to families of political and judicial prominence. In 1847 his father removed to Illinois, and young Sayler attended the Wesleyan University at Bloomington, Illinois, until defective sight caused him to give up his studies. He then went to Ohio, where he studied law and was admitted to the bar. In 1859 he settled at Huntington, where he soon became identified with the newly organized republican party. He served in the Civil war as captain and major in the One Hundred and Eighteenth Indiana Infantry, and in 1872 was elected to the Legislature. As a public speaker he was forceful and convincing, and took a lively interest in political campaigns. As a judge it was generally conceded that he was popular with the masses, and his decisions stood the test well in the higher tribunals. He continued upon the Circuit bench until November, 1888, when he was succeeded by Joseph S. Dailey, of Wells County.
Judge Dailey qualified as judge of the Twenty-cighth Judicial Cir- cuit on November 19, 1888, and immediately entered upon the duties of his office. He was then recognized as one of the most efficient attorneys of the Wells County bar, and as a judge he lived up to his reputation. After the change in judicial districts in 1893, when Huntington County was made the Fifty-sixth Judicial Circuit by an act of the Legislature, Judge Dailey continued upon the bench in Wells and Blackford counties until appointed a place upon the Indiana Supreme bench. Upon retiring from the Supreme Court he resumed the practice of law at Bluffton.
Orlando W. Whitelock, the first judge of the Fifty-sixth Circuit, was appointed by Gov. Claude Matthews in March, 1893, and was the successor of Judge Dailey. He was born in Rock Creek Township, Huntington County, July 12, 1857. As a boy he attended the common schools, graduated at the Northern Indiana Normal College (now the Valparaiso University) in 1879, and soon afterward entered the law de- partment of the University of Michigan, where he was graduated in 1882. From that time until his appointment as above noted he practiced law in Huntington. He served upon the bench until November, 1894, when he was succeeded by Charles W. Watkins.
Judge Watkins, who is still practicing law in Huntington, is a native of Logan County, Ohio, where he was born on May 3, 1849. At the
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age of fourteen years he enlisted as a private in Company D, One Hun- dred and Twenty-fourth Ohio Infantry, and served until August, 1865. He then attended school, studied law and was admitted to the bar at Kenton, Ohio, September 1, 1873. The next March he located in Hunt- ington, where he has since practiced his profession, except for the six years he served as circuit judge.
At the November election, 1900, James C. Branyan was elected to succeed Judge Watkins on the Circuit bench. He was born in Madison County, Ohio, October 24, 1838; removed to Huntington County, In- diana, in 1845; entered Wabash College in 1860 and completed the classical course; served in the One Hundred and Thirty-eighth Indiana Infantry during the summer of 1864; then read law with Henry B. Sayler, and was admitted to the bar in 1865. From that time until his death he practiced law in Huntington, except for a short time in 1866, when he served as county surveyor, and his six years' term upon the bench.
Samuel E. Cook, the present judge of the Fifty-sixth Judicial circuit, was elected to that office in November, 1906. Previous to that time he had been one of the leading members of the Huntington County bar and had served one term as prosecuting attorney, to which office he was elected in 1892. Before his election to the judgeship he was an active participant in political affairs, as a democrat; was a delegate to the national convention of that party in 1896, and in 1902 was elected joint senator for the district composed of Huntington and Whitley counties. He was re-elected circuit judge in 1912. His present term expires in November, 1818.
Following is a list of the judicial officials of Huntington County from the time of its organization to the present, with the year in which each was elected, appointed or entered upon the duties of his office :
Circuit Judges-Gustavus A. Everts, 1834; Samuel C. Sample, 1836; Charles W. Ewing, 1837; Henry Chase, 1839; John W. Wright, 1840; James W. Borden, 1842; Elza A. McMahon, 1851; John P. Pettit, 1853; John M. Wallace, 1855; Horace P. Biddle, 1861; Robert Lowry, 1869; John U. Pettit, 1873; James R. Slack, 1873; Henry B. Sayler, 1881; Joseph S. Dailey, 1888; Orlando W. Whitelock, 1893; Charles W. Watkins, 1894; James C. Branyan, 1900; Samuel E. Cook, 1906.
Associate Judges-Jonathan Keller and Murdock McLane, 1835; George A. Fate, 1836; Samuel B. Caley and William C. Parker, 1842 ; John D. Pulse and Daniel James, 1849; Benjamin Orton, 1851. The two last named were the associate judges at the time the office was abolished by the constitution of 1852.
Probate Judges-The records of the Probate Court are not com-
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plete. The only judges that can be given with certainty were: Wil- liam Shearer, 1835; James Gillece, 1838; David Garlick, 1848; William B. Schencke, 1850.
Common Pleas Judges-Wilson B. Loughridge, 1853; Joseph Breck- enridge, 1861; James W. Borden, 1862; Robert S. Taylor, 1865; David Studebaker, 1868; Robert S. Taylor, 1869; William W. Carson, 1870; Samuel E. Sinclair, 1872.
Prosecuting Attorneys-Samuel C. Sample, 1835; Joseph L. Jer- negan, 1836; Thomas Johnson, 1837; John W. Wright, 1839; Lucien P. Ferry, 1840; William H. Coombs, 1842; Lysander C. Jacoby, 1843; Elza A. McMahon, 1845; John S. Hendrix, 1848; John R. Coffroth, 1849; Isaac DeLong, 1850; Charles Case, 1852; J. M. Coombs, 1853; Isaiah M. Harlan, 1854; Lambdin P. Milligan, 1855; Isaac DeLong, 1856; Oris Blasle, 1857; Charles A. Parrish, 1858; R. P. DeHart, 1859; H. B. Sayler, 1860; M. H. Kidd, 1861; Thomas C. Whiteside, 1862; Dudley H. Chase, 1864; Thomas Roche, 1865; James C. Branyan, 1866; George W. Stults, 1868; Joseph S. Dailey, 1869; Alexander Hess, 1870; William H. Carroll, 1872; Alfred Moore, 1874; A. E. Steele, 1876; Charles W. Watkins, 1878; George W. Gibson, 1882; Sidney W. Cantwell, 1884; Edwin C. Vaughn, 1885; W. A. Branyan, 1888; Samuel E. Cook, 1892; Edgar E. Kelsey, 1894; John R. Day, 1896; John S. Branyan, 1898; W. A. Mitchell, 1900; Clifford F. Jackman, 1902; George M. Eberhart, 1906; Otto H. Kreig, 1910.
Along with many other institutions of the "good old times," the pioneer lawyer has gone, never to return. When Huntington County was organized there was not a resident attorney within her borders. In that day the lawyers "rode the circuit" with the judge and prac- ticed in all, or nearly all, the counties that composed the Eighth Judicial district. Foremost among the lawyers who practiced in Hunt- ington County during the first five years of its history were Charles W. Ewing and David H. Colerick, of Fort Wayne; Samuel C. Sample, who was the first prosecuting attorney; Henry Chase and Daniel D. Pratt, of Logansport; Joseph L. Jernegan, Thomas Johnson, and John W. and Williamson Wright. If one of these old-time lawyers could walk into the office of one of the present-day attorneys, he would no doubt stand aghast at the array of books he would see upon the library shelves. In the early days lawyers had but few books, but they generally mastered the contents of those few, until the saying, "Beware of the lawyer with one book," became almost proverbial.
As they rode from county to county, each carried his library in a pair of large, old-fashioned leather saddle-bags thrown over his saddle, and they were always accommodating enough to loan books to each
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other. It was the custom of litigants to wait until the arrival of the judge and lawyers to engage an attorney. In those days there were no steam-heated hotels in the county seat towns, and after court ad- journed for the day the judge and the lawyers would repair to the log tavern, where they would gather in front of the huge fireplace, chew tobacco and spit in the fire. Occasionally they would indulge in a social drink or a game of cards, or they would review cases in which they had participated and "swap yarns" until it was time to retire. No matter how bitter had been the contests during the day, there was no evidence of these contests at the social gathering in the evening. But next morning the good fellowship ceased. The judge resumed his dignity when he took his seat upon the bench and the lawyers buckled on their armor for the fray. At the conclusion of the term it was not an unusual occurrence for the judge and the attorneys to join in a general spree, then sober up and move on to the next county seat where court was to be held.
Perhaps some lawyers of the present generation, quartered in mod- ern office buildings, with a well-selected library of standard legal authorities, a stenographer to take briefs from dictation and transcribe them on a typewriter, with a telephone at his elbow to expedite his consultations with his client, may feel inclined to sneer at the old-time lawyer. But it must be remembered that "there were giants in these days." As the student of Indiana history harks back over the pages of the past, he sees the names of a number of early lawyers who helped to lay the foundations of the state's institutions, and of jurists whose opinions are still quoted by the courts as the very quintessence of legal authority.
James R. Slack, who was admitted to the bar at Huntington in March, 1841, was the first resident attorney of the county. Wilson B. Loughridge, who was the first judge of the Common Pleas Court, was admitted the following year, and practiced in Huntington until his removal to Miami County.
John S. Hendrix, a native of New York, located at Huntington and was admitted to practice in September, 1844. He was a man of small stature, exceedingly active and energetic, and was regarded as a young man of considerable promise. In 1848 he was elected prosecuting attorney, but died the following year before the completion of his term.
In September, 1848, Isaac DeLong was admitted to the bar in Hunt- ington County. He had previously lived in Perry County, Ohio, where he enlisted for service in the Mexican war, and at the conclusion of that war settled at Huntington. Although not a well-educated man, he became a successful lawyer. He has been described by one who knew
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