USA > Indiana > Huntington County > History of Huntington County, Indiana : from the earliest time to the present, with biographical sketches, notes, etc., together with a short history of the Northwest, the Indiana Territory, and the State of Indiana > Part 32
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367
MILITARY HISTORY.
Payne, Lewis, died at New Madrid,- - 1862. Roaster, William, killed at Tallahatchie River, March 29, 1863. Reaser, William, killed at Spanish Fort, March 27, 1865. Schnider, Christian, died at Camp Wickliffe, February 4, 1862. Smith, Daniel, died at St. Louis, March 31, 1862.
Storm, Francis A., died at Helena, Ark., April 20, 1863. Slack, Theodore, died at Camp Wickliff, Ky., February 4, 1862. Trovinger, Hiram, killed at Tallahatchie River, March 29, 1863.
Wohlford, Benj., F., died at Helena, Ark., October 4, 1862. Wood, Ozias, died at Helena, Ark., September 30, 1862.
Forty-Seventh Regiment, Company G.
Crum, Abraham, killed at Champion Hills, May 16, 1863. Douglass, George, killed at Champion Hills, May 16, 1863. Stewart, William E., died at Helena, Ark., August 15, 1862. Denton, Daniel S., killed at Champion Hills, May 16, 1863. Rinerson, Hezekiah, died at home.
Swaine, John W., died at Shreveport, La., August 7, 1865.
Forty-Seventh Regiment, Company H.
Cozan, Benjamin, died at Tiptonville, Tenn., May 9, 1863. Hoag, Mils, died at Helena, Ark., September 28, 1862. Klingle, Andrew H., died at home, December 11, 1861. Klingle, George, died at home, December 11, 1861.
Shoemaker, Jesse, died at Ft. Gaines, Ala., March 26, 1865. Sloan, Milton, died May 8, 1864, of wounds received at Alex- andria.
Sehr, Wm. H., died at Shreveport, La., July 2, 1865.
Sale, Andrew J., died of wounds received at Champion Hills, June 21, 1863.
Fifty-First Regiment, Company D.
Hardin, John, died at Mt. Etna, April 10, 1865.
Hamrich, Samuel W., killed at Columbia, Tenn., December 22, 1864.
Seventy-Fifth Regiment, Company E.
Albertson, Wm. H., died at New Albany, Ind., February 17, 1865.
Beard, Andrew, died at Scottsville, Ky., December 17, 1862.
Bennett, Columbus A., killed at Chickamauga, September 19, 1863.
Crum, Jacob W., died at Murfreesboro, March 16, 1863. Luckey, Wm. C., died at New Albany, Ind., December 11, 1862. Miller, Matthew H., died September 21, 1863.
Mason, Noah C., died at Gallatin, Tenn., February 11, 1863. Nevins, George, died at Chattanooga of wounds, October 29, 1863.
Poorman, David, died at Bowling Green, Ky., November 4, 1863.
368
HISTORY OF HUNTINGTON COUNTY.
Shull, Wm. Y., died at Bowling Green, Ky., November 12, 1862. Shull, John S., died at Bowling Green, Ky., November 12, 1862. South, Nathaniel F., died at Nashville, March 31, 1864.
Shidler, Joseph, died at Nashville, March 1, 1863.
Saylor, Levi S., killed at Chickamauga, September 19, 1863. Slusser, Leander C., died at Willett Point, N. Y., April 8, 1865. Whitright. David S., died at Vicksburg, August 17, 1863. Williams, Wm. N., died at Munfordsville, Ky., March 2, 1862. Whitestine, Geo. M., died near Dechard, Tenn., December 19, 1862.
Seventy-Fifth Regiment, Company H.
Mulvine, Peter, killed at Chickamauga, September 19, 1863. Arick, John, died at Chattanooga, of wounds, November 27, 1863.
Andrews, Wesley, died at Frankfort, Ky., October 16, 1862. Bowman, Henry C., died at Nashville, December 15, 1863. Fullum, Thomas J., died at Stevenson, Ala., October 19, 1863. Knee, Valentine, died at Stevenson, Ala., October 19, 1863, wounds.
Lowman, John H., died at Gallatin, Tenn., January 13, 1863. Smith, Samuel, died at Murfeesboro, June 2, 1862.
Trainer, Thomas, died at Nashville, July 31, 1864. Vernon, Edward, died at Gallatin, January 28, 1863. Wilkinson, Isaiah, died at Scottsville, Ky., December 12, 1862. Weaver, Samuel L., died at Indianapolis, July 18, 1863. Zintsmaster, died at home, March, 1863.
Eighty-Third Regiment, Company H.
Larry James, died at home, December 8, 1863.
One Hundred and First Regiment, Company B.
Thompson, James, died at Murfeesboro, June 15, 1863 .. Taylor, Harrison, died at Jeffersonville, Ind., August 15, 1864.
One Hundred and First Regiment, Company F.
Campbell, James O., died at Murfeesboro, March 25, 1863. Ruggles, Joseph J., died at Murfeesboro, February 21, 1863.
One Hundred and First Regiment, Company G.
Zink, Samuel, died at home, February 18, 1864.
One Hundred and First Regiment, Company I. Ball, James A., died at Tullahoma, Tenn., July 3, 1863.
No proper report of the casualties of Company G, One Hun- dred and Eighteenth Regiment, has been made and the roll for that company cannot be given.
One Hundred and Thirtieth Regiment, Company B. House, Levi, died in field hospital, Georgia, May 25, 1864.
369
MILITARY HISTORY.
One Hundred and Thirtieth Regiment, Company D.
Brown, Albert, killed at Piney Creek, Tenn., November 27,1864.
Buchanan, John P., died at Kingston, Ga., June 4, 1864. Buchanan, James L., supposed killed November 27, 1864. Groves, Geo. W., died at Marietta, Ga., July 28, 1864. Hockings, Henry, died at Nashville, June 27, 1864.
Hoover, Isaac, died at Jeffersonville, Ind., February 22, 1865. Kinssey, Joseph, died at Knoxville, Tenn., September 1, 1864. Little, Samuel, died at Jeffersonville, Ind., January 27, 1865. McAnee, Benson P., died at Knoxville, July 19, 1864. Potts, Jacob, died at Chattanooga, August 31, 1864. Rose, Walter, B., died at Knoxville, June 29, 1864. Sult, Solomon, killed at Atlanta, July 22, 1864.
Shieks, Israel, died at Jeffersonville, Ind., June 24, 1864.
Welch, John, supposed killed by guerrillas, November 27, 1864. Winebramo, William, died at Indianapolis, October 24, 1864. Weston, Daniel, died at Knoxville, June 27, 1864.
One Hundred and Thirtieth Regiment, Company F. Barton, George, died at Andersonville Prison, June 20, 1864. Beaver, Jerome C., died at Lovejoy Station, Ga., September 3, 1864.
One Hundred and Thirtieth Regiment, Company H. Kendall, James, died at Nashville, May 9, 1864.
One Hundred and Thirty-First Regiment (Thirteenth Cavalry), Company A.
Bartin, Moses, died at home, April 7, 1864. Bartin James, died at Huntsville, Ala .. August 8, 1864, Brooks, Jackson, died at Louisville, November 16, 1864. Fullhart, Joseph, died at Huntsville, Ala., August 8, 1864. Houser, Isaiah S., died at Mobile, Ala., June 25, 1865.
Hight, Alexander M., died at Columbus, Miss., October 20, 1865. Hardmon, George W., died at Indianapolis, March, 20, 1864. Layman, James M., killed near Murfreesboro, December 4, 1864. Morrison, Andrew D., died at Vicksburg, June 15, 1865. Mitchell, James, died at St. Louis, July 23, 1865. Miars, John, died at Huntsville, Ala., July 7, 1864. McAlpin, Robert, killed in railroad accident, January 30, 1864. Payne, James, died at Louisville, January 13, 1864.
Wykoff, John R., drowned in Cumberland River, February 15, 1865.
One Hundred and Thirty-Eighth Regiment, Company I. McCord, David, died at Louisville, September 21, 1864.
One Hundred and Fifty-Second Regiment, Company I. Cook, John M., died at Charleston, Va., March 31, 1864.
370
HISTORY OF HUNTINGTON COUNTY.
One Hundred and Fifty-Third Regiment, Company B. Burk, George W., died at Louisville, Ky., June 26, 1865. Crites, Jacob I., died Louisville, Ky., July 11, 1865. Criplim, James F., died at Louisville, July 1, 1865. Line, Nathan S., died at Louisville, June 24, 1865. Noe, Stamen, died in Kentucky, April 29, 1865.
One Hundred and Fifty-Third Regiment, Company C. Foreacer, David, died at Louisville, Ky., August 15, 1865.
Fourteenth Battery, Light Artillery.
McAlister, Francis M., died at Bethel, Tenn., August 20, 1863. Smith, David S., veteran, died June 16, 1865, of wounds.
In order to stimulate volunteering, the United States Govern- ment authorized the payment of bounties early in the war to those who should enlist for the term of three years. In the first year of the war this amount was fixed at $100. Orders from the war department at various times authorized the payment of ad- ditional sums ranging as high as $400, according to the nature and terms of service. The inequalities of bounties created great dissatisfaction, but it was claimed by the authorities that the ex- igencies of the times demanded it and could not be avoided. An additional inducement was offered in the way of a land-warrant for forty acres of public land to each soldier receiving an honor- able discharge. This, taken with the amount of the bounty, which was considered about the value of a mule, brought about that famous and popular phrase, "forty acres and a mule," and doubtless had much to do with the successful volunteering which characterized the war.
Besides the national bounties, large and often extravagant sums were paid by many of the counties. These had the effect to lighten the drafts, but at the same time increased the taxes.
The latter, however, cut but little figure in the question. People would not put a price on the Union, and no matter what was required to preserve it, that requirement was always met. In Huntington County this spirit was fully maintained and the Board of Commissioners at different times met the popular de- mand by offering bounties. These ranged all the way up to $500, and were offered under the various calls of the President for troops.
Another important item came under the head of Relief. This included whatever sums were paid to support the families of those who had enlisted and were absent in the field of battle, and also the supplies forwarded to the soldiers themselves. A few months' experience showed how much the Government lacked of being prepared for supplying an army with the neces- sary comforts required by a soldier. Immediately after the opening of the war there was a Soldier's Aid Society formed in Huntington by the leading ladies of the town. The work which
371
MILITARY HISTORY.
those noble-hearted women did went far toward relieving the wants of the soldiers. Scarcely a week passed without a shipment to the front of mittens, socks, blankets and such other articles as a soldier would likely need to withstand the extremities of the seasons. These contributions were purely personal and the women of the whole county were requested to bring in whatever could be properly spared. In this way many dollars were spent in the soldier's behalf which are not included in the following table of Bounty and Relief paid by the county and townships:
Bounty.
Relief.
Huntington County.
$140,450.00
$26.611.24
Jackson Township.
1,250.00
600.00
Clear Creek Township.
1,320.00
500.00
Warren Township
1,050.00
300.00
Dallas Township.
950.00
600.00
Huntington Township
2,600.00
5,000.00
Union Township.
840.00
300.00
Rock Creek Township
1,600.00
500.00
Lancaster Township
1,400.00
500.00
Polk Township
400.00
300.00
Wayne Township
500.00
300.00
Jefferson Township.
So0.00
500.00
Salamonie Township.
450.00
600.00
Total.
$153,610.00
$36,611.24 $190,221.24
Total of Bounty and Relief.
CHAPTER V.
BENCH AND BAR - EARLY COURTS - EARLY JUDGES - RIDING THE CIRCUIT -. EARLY TRIALS - A NEGLIGENT CLERK - FIRST MURDER TRIAL -COURTS UNDER THE NEW CONSTITUTION - LATER JUDGES - IMPORTANT TRIALS -THE BAR - ROLL OF ATTORNEYS - PROBATE AND COMMON PLEAS COURTS - RESI- DENT ATTORNEYS, ETC.
T O protect and enforce that which is right, and to repress and prohibit that which is wrong, has been the province of courts of justice, since the necessities of organized society brought them into existence.
The undertaking has been no easy task, and the work has not yet been completed to that perfection, contemplated by the spirit of the law in which every man shall do right, and conse- quently there will be no wrongs to repress or prohibit.
372
HISTORY OF HUNTINGTON COUNTY.
But the measure of success that has so far rewarded the well meant efforts of the courts, constitutes no inconsiderable part of the history of the civilized governments of the present day.
Therefore a short synopsis of the "Bench and Bar" of Hun- tington County, is properly included in a history of the county.
The first court, so say the records thereof, now in the County Clerk's office, met on the 2d day of March, 1835, " at the house of Jonathan Keller, in the town of Huntington, being a place as near the centre of said county as can be conveniently had for said purpose."
Hon. Gustavus A. Everts of LaPorte County, Judge of the Eighth Judicial Circuit of Indiana, was the Presiding Judge, and Murdock McLane, and Jonathon Keller, Esquires, were the asso- ciate Judges.
The law of the state at that time providing that the Circuit Court should be presided over by one President Judge "learned in the law," and two Associate Judges, " from the body of the people of the county."
Judge Everts' Circuit was composed of the counties of Cass, Miami, Wabash, Huntington, Allen, LaGrange, Elkhart, St. Joseph and LaPorte.
In February, 1836, the circuit was enlarged by the addition of Porter, Marshall, Fulton, Kosciusko, Noble and Adams.
Judge Everts is said to have been personally popular and "a very prince of good fellows."
Judge Biddle says of him that he was a lawyer of great tact and fine address; extremely astute in his management of wit- nesses and facts, but not remarkably studious or deeply learned in the law.
William S. Edsall was the first clerk of the county and William G. Johnson the first sheriff. Samuel C. Sample was the first prosecuting attorney.
The court was held in an upper room of Keller's Tavern, the judges sitting at one end of the room, with a table in front of them, before which the attorneys and litigants sat, while the spectators gathered in and around the room as best they could.
The first business of the court was to impanel a grand jury, of which Captain Elias Murray was foreman. The record shows that John Morgan and John Muhlanan were in jail at the time, on the charge of robbery, and Thomas Curran on a charge of larceny; Curran was sent to the penitentiary for two years, Mor- gan was tried by a jury, but they disagreed and he was admitted to bail in the sum of $100, which he forfeited at the next term of the court by not appearing. What became of Muhlanan the records do not disclose.
The first fine imposed was upon Jeremiah Barcus, for selling intoxicating drinks contrary to the law, a species of crime that has not yet entirely disappeared.
The first judgment in a civil cause was in favor of Isaac Spencer and against Jonathan Keller for the sum of $138.36, on an
375
BENCH AND BAR.
account. The term lasted four days and was taken up principally in the trial of minor offenses, "against the peace and dignity of the State of Indiana," in the majority of which the defendant succeeded in convincing the court and jury, that he had been wrongfully accused, and was accordingly acquitted.
Charles W. Ewing was allowed $10 for defending Thomas Curran.
Jonathan Keller and Murdock McLane were allowed $8.00 each for their services as Associate Judges, and Jonathan Keller was allowed $10.00 additional for rent of court room and fuel for the term.
Obediah Brown was allowed $1.00, Chancey Tuttle $2.00, and Paul Burke $4.00 as court bailiffs for the term.
Naturalization papers were issued to eighteen foreign-born citi- zens during the term.
The records do not show who the practicing attorneys were, except the prosecuting attorney above named and Charles W. Ewing, of Fort Wayne. David H. Colerick and Henry Crooker were at that time practicing attorneys of Fort Wayne and were doubtless present during the term.
There were no resident attorneys in Huntington until some- time afterward.
It was customary then, and continued to be so for many years afterward, for the leading attorneys to ride the circuit with the Presiding Judge.
On the day set for the court to begin, or on the day before, the Judge, accompanied by from one to half a dozen or more attorneys, would ride into the country town, all on horseback, and with large, old-fashioned leather saddle-bags thrown over their saddles, filled with law books. Litigants having suits in court seldom engaged their legal assistants until the lawyers came, and then made their choice.
The Judge and the attorneys generally put up at the same hotel, and however sharp or embittered may have been their legal engagements during the day, the evenings, sometimes ex- tending far into the night, were spent around the hotel sitting- room in the best of friendship and good-feeling, which, at the close of the term, very often degenerated into a drinking bout, in which Judge, attorneys and court officers became too full for utterance.
Judge Everts continued to preside over the Circuit Court until August, 1836, when he was succeeded by Hon. Samuel C. Sample. At the same time George A. Fate succeeded Jonathan Keller as Associate Judge.
Joel Grover succeeded William S. Edsall as clerk in March, 1836, and he was succeeded in August, 1836, by Isaac N. Harlan.
Joseph L. Jerregan became Prosecuting Attorney on the elec- tion of Judge Sample as Presiding Judge.
In March, 1837, Hon. Charles W. Ewing became Judge of the
376
HISTORY OF HUNTINGTON COUNTY.
Eighth Judicial Circuit, and Thomas Johnson Prosecuting At- torney.
Judge Ewing is said to have been a lawyer of superior ability, standing high in his profession. As a judge he was quick and ready in comprehending the facts involved, and in giving his conclusions of law thereon. He was deservedly popular both on the bench and at the bar.
He served as Judge of the Huntington Circuit Court from March, 1837, to the summer of 1839, when he resigned. He died by his own hand on the 9th of January, 1843, in the meridian of life, at Ft. Wayne.
One of the most exciting trials of the early courts was that of James Hatfield against Samuel W. Burnham for alienating the affections of plaintiff's wife. The case was tried at the Septem- ber term, 1837, before a jury and Murdock McLane and George A. Fate, the Associate Judges. Judge Ewing having been of counsel in the case did not sit as one of the judges. All the lead- ing members of the bar on the circuit were engaged as counsel on one side or the other, and after a bitter contest the case was finally given to the jury, who returned the following verdict: " We, the jury, find the defendant guilty, and assess the plaintiff's damages at $1,250.
The parties were both from Allen County, and the case was sent to this county on a change of venue.
At the March term, 1839, the Clerk of the Circuit Court, Isaac N. Harlan, appears to have neglected his duties, to such a degree that the patience of the court became exhausted, and Judge Ewing caused specific charges of "gross carelessness, neglect, inefficiency, and a total disregard of official duty and responsi- bility," to be placed upon the records of the court against him.
On the next day after the charges were made, Harlan resigned his office, and Judge Ewing appointed William Shearer, father of Mayor Shearer, the present postmaster, to fill the vacancy until his successor could be elected and qualified.
Judge Ewing resigned his office in the summer of 1839, and Governor Wallace appointed Henry Chase, of Logansport, to fill the vacancy. It is said of Judge Chase, that he was 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, brief but exhaustive.
The official seal of the court was adopted at the September term, 1839, and is described as "a circular metalic seal, with the words on the margin, 'Circuit Court, Huntington County, Indiana,' enclosing in the centre the figures of three sheaves of wheat, surmounted by the figure of a plough, and a pair of scales suspended by a hand and these partly enclosed by a wreath of flowers."
John W. Wright was elected Judge of the eighth circuit, by the Legislature of 1839-1840. Judge Wright was not a profound
377
BENCH AND BAR.
lawyer, but was ready in arriving at conclusions and prompt in announcing them. He was industrious and did an unusually large amount of business in the circuit, during his term of office. His decisions while not always satisfactory, were generally con- curred in by the parties, and but few appeals were taken from him.
Judge Wright held his first term of court in Huntington County, in March, 1840.
At the same time Lucians P. Ferrey became Prosecuting Attorney for the Eighth Circuit.
The first suit for divorce was brought by Elizabeth Winters, against Joseph Winters, at the September term, 1810, the plain- tiff obtaining her divorce without any opposition from the. defendant.
At the March term, 1841, court convened in the new court house; on the corner of Jefferson and Franklin streets, the court having been held in the school house situated on West State street, prior to this time. The Court House of that day has long been aban- doned as a county building and has been used as store rooms. Only recently it was partly destroyed by fire which will result in the final disappearance of this landmark of early times.
April 16, 1841, Joseph Wiley became Clerk of the Court, a posi- tion he held for fourteen years, or until April 16, 1855, and after being out one term, was again elected and held the office for four years longer, beginning April 16, 1859, and closing his official connection with the office April 16, 1863.
It was at the March term, 1841, that the late Gen. James R. Slack was admitted to the bar.
He was the first resident attorney whose admission to the bar is noted on the records, and was probably the first practicing attorney who made Huntington his home.
At this term Samuel B. Coley and William C. Parker were the associate judges. Mr. Coley is still living, a resident of Wells County, this State.
Chelsea Crandall was Sheriff, having succeeded John Bu- chanan in that office.
At the September term, 1841, Joseph Montgomery was sent to the State's prison for three years and six months for grand larceny, and was also disfranchised and rendered incapable of holding any office of trust or profit for the term of his natural life.
At the same term On-za-pe-a, an Indian, was given a three years' sentence in the penitentiary for a like offense.
This was Judge Wright's last term as Judge of the Hunting- ton Circuit Court.
The Legislature, in the winter of 1841-42, changed the circuits of the State, and Huntington County was included in the Twelfth Circuit, with Allen and other counties in the northeast part of the State.
Hon. James W. Borden, of Fort Wayne, was elected by
378
HISTORY OF HUNTINGTON COUNTY.
the same Legislature judge of this circuit and began his services in Huntington County at the March term, 1842, a position that he held continuously until the April term, 1851, Hon. William H. Coombs, of Fort Wayne, becoming prosecuting attorney at the same time.
At the September term, 1842, Judge Borden did not appear and the Associate Judges, Coley and Parker held the term of one week.
At the September term, 1843, the prosecuting attorney fail- ing to to appear, the court appointed L. C. Jacoby, Esq., special prosecutor for the term.
The first death of a practicing attorney of the court, noted on the records, is that of Thomas Johnson, formerly prosecuting at- torney of the circuit, who died during the September term, 1843. The court adjourned over one day in honor of his memory after adopting and placing on record appropriate resolutions of re- spect.
John Mathena was sentenced to two years in State's prison at this time.
At the March term, 1846, E. A. McMahon was appointed special prosecuting attorney in the absence of the regular pros- ecutor.
At the September term, 1847, John S. Hendryx was appointed special prosecutor.
At the September term, 1843, John D. Pulse and Daniel James became Associate Judges for Huntington County.
Mr. Pulse is yet living an honored citizen of Warren in this county. Daniel James continued to reside on his farm in Polk Township until his death in 1886.
At the September term, 1849, the members of the bar adopted resolutions of respect to the memory of John S. Hendryx, Esq., who had died of the cholera a short time before.
He was at the time prosecuting attorney for Huntington County, and also school examiner for the county.
Upon the suggestion of his death to the court, Judge Borden appointed John R. Coffroth, Esq., special prosecutor for the term. Mr. Coffroth had located in Huntington between the close of the March term and the beginning of the September term of the court, and was admitted to the bar at this term of the court. Col. Milligan wasDeputy Clerk.
The first murder trial that is given on the records was that of Joseph Maurice, tried at the March term, 1850, on charge of kill- ing his wife by choking her to death.
Hons. John R. Coffroth, and Wilson B. Loughridge prosecuted the case against Maurice. The trial continued over three days, and resulted in the acquital of the accused.
Judging from the evidence in the case that remains on file, it would appear at this date that the jury were influenced in their verdict more by the probable fact, that the death of the woman was a public benefit, than from the guilt or innocence of the de-
379
BENCH AND BAR.
fendant. The record does not disclose who the defendant's attor- neys were. Sheriff James M. Bratton, was a witness in the case.
Benjamin Orten became Associate Judge in the stead of John D. Pulse, at the April term, 1851.
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