USA > Indiana > Jay County > History of Jay County, Indiana > Part 7
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COMMISSIONERS' COURT.
vote of Lick Creek Township been returned, would have been elected. James Graves did not accept the office of Judge, and Obadiah Winters was subsequently chosen.
The first marriage license issued was to Casper Geyer and Rachael Clark, April 11th, 1837, and they were married on the 18th of April, 1837, by Wade Posey.
The first session of the Board of County Com- misssioners convened at Mr. Cuppy's on the 8th of November, 1836. H. H. Cuppy was appointed County Treasurer, Lewis S. Farber Assessor, and Jacob Bosworth agent to superintend the sale and conveyance of the lots donated to the county in Portland. Mr. Bosworth not having been in the State long enough to be eligible, B. W. Hawkins was appointed in his stead. David Baldwin was appointed superintendent of the three-per-cent. fund, being three per cent. of the money arising from the sale of public lands . within the State, appropriated to making roads and bridges. That office and that of the county agent were very im- portant offices at that time. Cuppy was granted a license to retail merchandise for one year for ten dollars.
At a special meeting of the Board, December 5th, 1836, the county seat was named PORTLAND. Many person's desired it should be called Ried- ville, in honor of Daniel Ried, who donated the
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COMMISSIONERS' COURT.
site. Joshua Pennock was allowed ten dollars for aiding in clearing off the county seat. After- ward, John E. Ware, T. N. Jones, William High- lander, John Martin and others were paid for laying out and clearing the town site. Mr. Ware paid his board at Cuppy's by grating corn in the evening for meal. D. W. McNeal was appointed County Surveyor. The next month he was ap- pointed Trustee of the Seminary Fund. Here is a copy of the order by which the first Court House was erected :
"WEDNESDAY, May 3d, 1837.
" Ordered, That there be a house erected on some suitable lot in the town of Portland, for the use of the county, and that Christopher Hanna superintend the letting of the same on the 13th day of June next. The terms and descriptions to be made known on the day of sale."
No direction being given as to the size, price or materials, such an order, in these days of specu- lators, would be rather an unsafe specification.
L. S. Farber was allowed $23.27 for assessing the county. James Marquis was appointed Col- lector of the taxes for the county. The first tax assessed was at this term, being $1.25 on every $100 valuation of property for county purposes, one cent on every $100 for road purposes, and seventy-five cents on every poll.
September 4, 1837, the Board adjourned from the house of Mr. Cuppy to the new log Court
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COMMISSIONERS' COURT.
House, and allowed Robert Huey $123.25 for building it.
D. W. McNeal was allowed $7.75 for surveying and platting the town of Portland.
J. B. Gillespie was granted a license to keep a ferry where the Quaker Trace crossed the Wabash. The profits probably never paid for the license.
Mr. Cuppy resigned the office of Treasurer, and Hawkins C. Fouts was appointed.
Christopher Hanna was appointed to superin- tend the building of a county jail.
November Term, 1837. At the opening of this term Henderson Graves took his seat as Commis- sioner, as successor of John Pingry, and B. W. Hawkins as Sheriff.
Thomas Wheat was appointed School Commis- sioner. In January, 1838, H. C. Fouts was allowed $11.75 for his services as County Treasu- rer for four months. At the March Term, 1838, John Pingry was appointed Loaning Agent of the surplus revenue fund, and William Vail Collector of taxes for that year.
January Term, 1839. Contracted with Moses Knapp to build a public Pound for $17.872. It was a post and rail fence, a few rods north of the present jail.
Robert Huey was granted a license to keep a grocery in Portland. This was the first store of the kind kept in the place.
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COMMISSIONERS' COURT.
Joshua Pennock had built a jail, for which he had received $181; but it not being according to contract, the Commissioners sued him for damage. It was a log house, poorly built, and stood north of the present jail.
A man from Blackford County was at one time convicted of stealing a log chain, and sentenced to three or four days' imprisonment. As the jail would not hold him, Sheriff Hawkins took him home with him, and kept him there rocking the cradle, until his time was out!
November Term, 1839. H. C. Fouts was re- moved from the Treasurer's office, and William T. Shull, now of Blackford County, appointed.
At this time Lewis N. Byram was contracted with to build the walls and roof of a brick Court House for $1,750, and he was to "warrant it to be a substantial building for twenty years." Wil- liam IIaines finished the house. The wall was very poor ; the building was abandoned in 1859, and in March, 1860 was sold at auction for $153.
In January, 1840, John Pingry got the contract for building another jail for $800. That was the old log jail sold for $32 in 1862, torn down and converted into the wagon shop of S. H. Williams.
The first term of the Circuit Court, in Jay Coun- ty, was held on the 17th day of April, 1837, at the house of Henry H. Cuppy, which house is still standing on the farm of Colonel Shanks, south
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FIRST CIRCUIT COURT.
of Portland. Hon. Charles W. Ewing, of Fort Wayne, president Judge of the Sixth Judicial Circuit, and Enoch Bowden, Associate Judge for Jay County, occupied the bench.
Christopher Hanna, was clerk, Henderson Graves, sheriff, and Thomas Johnson, of Fort Wayne, prosecuting attorney.
Jeremiah Smith, of Randolph County, was the only lawyer present, except the State's attorney.
The grand jury, at that time, consisted of the following named persons : Henry H. Cuppy, Ben- jamin W. Hawkins, Obadiah Winters, Hawkins C. Fouts, James Marquis, David Baldwin, John Pingry, Samuel G. Hanna, Conaway Stone, Wil- liam Vail, Joseph Wilson, John S. Mays, Daniel W. McNeal, William Clark, John Eblin and James Stone. Henry H. Cuppy was foreman, and An- derson Ware was bailiff.
This jury found but one bill of indictment which was against two of its members, H. H. Cuppy and Daniel W. McNeal, for an affray. Cuppy was tried, defended by Jer. Smith, and found guilty. McNeal plead guilty. This constituted almost the entire business of the term. The court was in session two days.
The two succeeding terms were held by the as- sociate judges alone, without the aid of president judge, prosecuting attorney, or other lawyers.
The fourth term was held on the 10th day of
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COURT OFFICERS.
December, 1838, before the associate judges. The court, at this term, assumed more importance than hitherto. Jeremiah Smith acted as prose- cuting attorney. Several cases were tried, both criminal and civil.
Jacob Bosworth, Benjamin P. Wheat and An- drew Ried were appointed school commissioners for Jay County. There was quite an array of lawyers in attendance.
In January, 1839, the Eleventh Judicial Cir - cnit was formed, of which Jay County constituted a part. Morrison Rulon, then a young man, who had but recently been admitted to the bar, was, by the legislature, elected judge of this new Cir- enit. He resigned, without ever having held a court, and David Kilgore was, by the Governor, appointed to fill the vacancy.
Judge Kilgore held the office under his ap- pointment until December, 1839, when he was elected by the legislature, and held the office until the spring of 1846.
Judge Kilgore has since then served in the con- vention for the revision of Constitution of Indiana, was speaker of the House in the Indiana legisla- ture, and represented the fifth district of Indiana, in Congress, two terms. He still resides in Dela- ware County, Indiana.
In December, 1845, Jeremiah Smith was eleet- ed Judge of the Eleventh Circuit, and served
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COURT OFFICERS.
until the sp ing of 1853. He was succeeded by Joseph Anthony, of Delaware County, who pre- sided over the Circuit Court of Jay County two years. He is still a citizen of Delaware County.
In January, 1855, the Thirteenth Judicial Cir- cuit was formed, Jay County constituting a part of it. Judge Jeremiah Smith was appointed Judge of this Circuit, by the Governor, to serve until the next general election. Under this appoint- ment he held two terms of the Jay Circuit Court.
In October, 1855, Jehu T. Elliott was elected Judge of the Thirteenth Circuit, and was re- elected in 1861. He is at this time Judge of the Jay Circuit Court.
The first associate judges of Jay County were Enoch Bowden and Obadiah Winters. Judge Winters served from 1837 until 1850; Judge Bowdon, from 1837 until 1843, and again from 1850 to 1851, at which time the associate judges were abolished by the adoption of the present constitution of Indiana.
Abraham C. Smith served as associate judge from 1843 to 1850, when he was succeeded by John Current, who held the position until the office was abolished.
Jehn T. Elliott was the first prosecuting attor- ney for the Eleventh Judicial Circuit. He served, in that capacity, in Jay County, but one year, and
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COLONEL SHANKS.
was succeeded by Jeremiah Smith, who served two years. John M. Wallace next filled that office for one term of two years. Mr. Wallace then resided in Madison County, but afterward removed to Grant County, where he still resides. He has been Judge of the Judicial Circuit in which he lives, and, since the rebellion broke out, he was for a time Adjutant General for the State of Indiana, and, more recently, was an assistant paymaster in the army of the United States.
John Davis, of Madison County, succeeded Judge Wallace as Circuit presiding attorney. The office was next filled by Joseph S. Buckles, of Delaware County, who served until 1848.
Mr. Buckles has since been a member of the State Senate, and is now Judge of the Eleventh Judicial Circuit. He is still a resident of Dela- ware County.
In 1849, the law having been changed so as to provide for the election of a prosecuting attorney for each county, John P. C. Shanks was first ap- pointed and afterward elected by the people to fill that office, and served two years.
Mr. Shanks was born near Harper's Ferry, Virginia, came to Jay County with his father, in 1840, studied law with Judge N. B. Hawkins, and was admitted to the bar in 1849. He represented Jay County in the Indiana Legislature, in 1855, was elected to Congress in 1860, and served on
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COURTS AND OFFICERS.
General Fremont's staff in his memorable Missouri Campaign. By his exertions the 7th Indiana cavalry regiment was raised, of which he was ap- pointed Colonel, and is now serving in that capac- ity. He gave his earnest support to all the great measures adopted by the Thirty-Sixth Congress of which he was a member. In 1862 he was re-nom- inated, by acclamation, by his party, for re-elec- tion, but was defeated.
In 1851, the law authorizing the election of a prosecuting attorney for each county, having been repealed, David Moss, of Hamilton County, was elected prosecuting attorney for the Eleventh Circuit. He was succeeded by William Garver, of the same county.
Silas Colgrove, then and now a resident of Ran- dolph County, held the office of prosecuting attor- ney from 1853 to 1856. He has several times represented that county in the Indiana Legisla- ture. He is now Colonel of the 27th regiment of Indiana volunteers, in which capacity he has seen much service, and has been twice severely wound- ed. Colonel Colgrove was succeeded in the office of prosecuting attorney by Thomas M. Browne, of Randolph County, who filled that office six years. Mr. Browne has been a member of the State Senate, was on General Wood's staff at the battle of Shiloh, is now Lieutenant Colonel of the 7th Indiana cavalry and was lately wounded.
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THE FIRST CIRCUIT CLERK.
James N. Templer, of Jay County, was elected to the office of prosecuting attorney in 1861, and still holds that office. Mr. Templer came to Jay County, with his father, when a boy, was educated at Farmers' Academy and Liber College, studied Law with Judge Haynes, and was admitted to the bar in 1857.
Christopher Hanna was the first clerk of the Jay Circuit Court. He served until the year 1843 when he was succeeded by B. W. Hawkins, who held the office until 1850. Ira Denney was his successor, and filled the office until 1859, when B. W. Hawkins was again elected, and still holds the office.
Henderson Graves was the first Sheriff of Jay County by election. He served until the fall of 1849, when he was succeeded by B. W. Hawkins. Mr. Hawkins served four years, and was succeed- ed by Robert Huey, who filled the office until the fall of 1844, when Jason Whipple was elected.
Two years later, Hugh P. Hanna succeeded Mr. Whipple, and, after serving four years, Alex- ander Johnson became his successor. Mr. John- son filled the office until 1854, when Jacob E. Lotz was elected. In 1856 Alexander Johnson was again elected Sheriff, and, after serving two years, he was in turn succeeded by Mr. J. E. Lotz, who held the office until 1862, when Alexander Hanlin, the present incumbent, was elected.
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NATHAN B. HAWKINS.
The first term of the Probate Court of Jay County was held at the Court-house in Portland, on the 14th day of May, 1838, before Enoch Bow- don and Obadiah Winters, assistant judges of the Circuit Court.
The first letters of administration were granted to Ellis Davis on the estate of Aaron Rigby, de- ceased, the 20th day of September, 1837. The associate judges also held a term of the Probate Court in November, 1838.
In August, 1839, George C. Whiteman was elected Probate Judge for Jay County, and con- tinned in that office until the court was abolished, in 1852.
The first term of the Court of Common Pleas for Jay County, was held by Nathan B. Hawkins, on the 17th day of January, 1853. The common pleas district then consisted of the counties of Randolph and Jay. Judge Hawkins was elected judge of this district in October, 1852, and died, in office, in October, 1853.
There were but few men who occupied a more prominent position in Jay County, during the period of his manhood that he spent in the county, than Nathan B. Hawkins. He came to the coun- ty with his father in 1829, and remained here until he was about sixteen years of age, when he went to Wayne County, Indiana. He there went into mercantile business, first as a clerk, and after-
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NATHAN B. HAWKINS.
ward on his own account, remaining in that county until 1839, when he returned to Jay and engaged in selling goods at Portland. Hav- ing a taste for study, he employed his leisure hours in reading Blackstone. At the May term of the Jay Circuit Court, 1841, he was admitted to the bar, and immediately commenced the prae- tice of law. In 1842 he represented the counties of Jay and Adams in the Legislature of Indiana, and was a member of the convention for the revi- sion of the Constitution of Indiana, in 1850,-rep- resenting the counties of Randolph, Jay and Blackford. Judge Hawkins was a man of decid- ed ability, an excellent business man, a fluent, forcible speaker, and a successful lawyer. He was a good eitizen, of generous impulses, publie spirited and liberal. His early death was regret- ted by all who knew him.
He died at his residence, in Portland, on the 20th of October, 1852, aged 41 years.
James Brown, of Randolph County, where he still resides, was appointed by the Governor to fill the office of Common Pleas Judge, until the suc- ceeding general election. He has represented that county in the Indiana Legislature.
In 1854 William A. Peelle was elected Judge of the Common Pleas Court, and held the office two years. At the time of his election he was a citizen of Randolph County. At the expiration of
141
J. M. HAYNES.
his term he resumed the practice of law. In 1860 he was elected Secretary of State, which office he held two years. He is now engaged in the law practice at Centreville, Indiana. In 1856 Jacob M. Haynes, of Jay County, was elected Judge of the Court of Common Pleas. In 1860 the district was enlarged so as to consist of the counties of Randolph, Delaware, Jay and Blackford, and Judge Haynes was the same year elected to pre- side over the courts of the enlarged district, which position he still holds.
Judge Haynes came to Portland to commence his career as a lawyer, where he still remains. He has always identified himself with the best in- terests of Jay County. His integrity of charac- ter, honesty of purpose and thorough knowledge of his profession, have given him the confidence of the people in an eminent degree, and made him a successful, honest lawyer. He prepared for college at Monson Academy, Massachusetts, and took a literary course at Phillips' Academy, An- dover, Massachusetts. He commenced the study of law with Hon. Linus Child, at Southbridge, in the same State. In September, 1843, he came West, resumed the study of law with Hon. Walter March, of Muncie, Indiana, where he taught the Delaware County Seminary, and was admitted to the bar in March, 1844. At the age of twenty- seven, in December, 1844, he came to Portland, 7*
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ATTORNEYS.
where, in 1846, he married Miss Hilinda T. Haines. He was appointed School Commissioner in 1846, to fill a vacancy, which occurred by the resignation of Wilson Milligan. In August of the same year he was elected to that office, and served for two years; he was appointed School Examiner in 1848, which office he filled for four years.
The first prosecuting attorney of the common pleas court of Jay Connty was William Moorman, who was succeeded by John J. Cheney, and he by Enos L. Watson, all of Randolph County.
5 Thomas J. Hosford, of Delaware County, held the office from 1860 to 1862, when Enos L. Watson was again elected, and still holds the office.
The lawyers who have been residents of Jay County are Moses Jenkinson, Morrison Rulon, Nathan B. Hawkins, Jacob M. Haynes, John P. C. Shanks, James B. Jaqua, John R. Perdien, John W. Headington, James N. Templer, Wil- liam D. Frazee, John J. Hawkins, David V. Ba- ker and Allen Jaqua.
Moses Jenkinson now resides at Fort Wayne, Indiana; is a lawyer of considerable note, and has represented Allen County in the State Legisla- ture. He removed from Jay County in 1845. Morrison Rulon was twice elected to the legisla- ture from Jay County ; is now a resident of Union City, Indiana.
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COUNTY COMMISSIONERS.
W. D. Frazee remained in Jay County but a short time ; is now engaged in the law practice at Decatur, Indiana.
J. W. Headington resides at Portland, and is now Major of the 100th regiment Indiana Volun- teers.
Messrs. Jaqua, Perdieu, Templer, Hawkins, Baker and A. Jaqua are still residents of Port- land.
Among the attorneys not residents of Jay County, who have practiced in its courts, are Jeremiah Smith, Moorman Way, Zachariah Puck- et, Beattie McClelland, Silas Colgrove, William A. Peelle, James Brown and Thomas M. Browne, of Randolph County ; Joseph Anthony, Thomas Anthony, Andrew Kennady, Thomas J. Sample and Walter March, of Delaware County.
Jolın Brownlee, of Grant Courty, also attended the courts of Jay County. He acted as prosecut- ing attorney at the October term, 1839.
The following shows the names of those who have been members of the Board of County Com- missioners, when they assumed the office, and ex- piration of their terms:
John Pingry .. . . .. 1836-'37
Abraham Lotz ...... 1836-'38 John Pingry . 1838-'40 Benj. Goldsmith. ... 1836-'39 Henderson Graves .. 1837-'39 Jacob Bosworth .... 1838-'39 Timothy Stratton. . . 1839-'45 Josiah H. Topping . . 1839-'41 George White .. . .1840-'43 Ammon Cook. ...... 1841-'44
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REPRESENTATIVES.
Samuel Hall. 1843-'46
Jacob Bosworth ... .1843-'46
John Reed .. 1844-'46
Joseph Roach. 1845-'46
William Gemmell. . . 1846-'49
Sumner Griffin. 1846-'50
David Money 1849-'52
Wm. H. Wade .. 1850-'56
William Gemmell. .. 1852-'58
Vynul Arnett. 1858-'64
M. A. Smith. 1856-'62
Eli Bales 1862-'-
Isaac Myres. 1852-'54
Alexander Jackson .. 1854-'58
Wm. B. Miller. .. ... 1858-'61
Alexander Jackson .. 1861-'64
Jay County was first represented in the State Legislature by Lewis W. Purviance, of Hunting- ton County, in 1839. The district was then com- posed of Jay, Adams, Wells, Whitley and Hun- tington counties. In 1840 it was represented by Morrison Rulon. In 1841 the district embraced only Adams and Jay counties, and Elder Robert Tisdale, of Adams, was the representative. He was succeeded by Nathan B. Hawkins in 1842, and he by Samuel S. Mickle, of Adams, who has since been in the State Senate. The representa- tives succeeding were as follows: 1844, Robert Huey, of Jay County; 1845, S. S. Mickle, of Adams. In 1846 the district was composed of Jay and Blackford counties, and William F. Jones, of the latter county, was the representative ; 1847, Morrison Rulon ; 1848, George S. Howell, of Blackford ; 1849, Robert Huey ; 1850, William T. Shull, of Blackford; 1851, Joseph W. Holli- day, of Blackford. Mr. Holliday was a lawyer of Blackford County ; was elected representative to
John Goff. 1849-'52
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SENATORS.
the legislature for Jay and Blackford counties in the year 1847. Before the meeting of the legisla- ture he resigned and went to the Mexican war as lieutenant of a company of volunteers. He died in 1851, about the close of the session of the legislature.
In 1852 Jay County became entitled to a repre- sentative independent of other counties, and Rob- ert Huey was elected ; in 1854, J. P. C. Shanks ; in 1856, Joseph J. Mckinney; in 1858, George C. Whiteman ; in 1860, Isaac Underwood, and in 1862, Samuel A. Shoaff.
The following persons have been State Senators from districts of which Jay County has been a part : In 1839, John Foster ; in 1840, Michael Aker, of Randolph ; in 1843, Isaac F. Wood; in 1846, Dixon Milligan, of Jay; in 1849, Jacob Brngh, of Blackford; in 1851, Thomas D. M. Longshore, of Randolph; in 1853, Theophilus Wilson, of Jay; in 1857, Daniel Hill, of Ran- dolph; in 1861, David Studabaker, of Adams, and in 1863, George S. Brown, of Wells.
Henry H. Cuppy was the first County Treasurer and Hawkins C. Fouts the next. His successor was William T. Shull, who was succeeded in 1841 by Jonas Votaw, who held the office until 1853, at which time Alexander White took it, but died in 1855, before the expiration of his term. G. W. Templer filled the vacancy thus occurring, and in
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COUNTY OFFICERS.
1856 was elected and served two years. Joseph P. Winters served from 1858 until 1862, when Royal Denney was elected, and resigned in July, 1864, when Thomas Black was appointed to fill the vacancy.
Prior to 1850 the County Auditors were Alex- ander White and Joseph Wilson. At this time John Coulson took the office and served until 1859, when William G. Sutton was elected, and is the present incumbent.
Geo. W. Templer was the first County Record- er (1843), and was succeeded in 1850 by Thomas Black, who served until 1859. Harvey Humphries was then elected, and served until 1863, when Cyrus Stanley was elected, and now holds the office.
D. W. McNeal was the first Surveyor, was suc- ceeded by Thomas Brown, in 1842, and he by William H. Montgomery, in 1845, who served until 1852, when John C. Bailey was elected ; in 1856, Nimrod Headington ; in 1858, Thomas Brown, who served two years, and in 1862, B. R. McCoy, the present incumbent.
CHAPTER XIII.
TOWNSHIP HISTORY.
MUCH of the early history of the townships can never be obtained. The official reports of the first elections are not in existence. The records of the County Commissioners appointing the elec- tions, and the recollections of the early inhabit- ants, are the only sources from which any infor- mation can now be drawn. From the former we can only learn the time at which these elections were held. The facts ascertained from the first settlers concerning them are vague, uncertain and often contradictory. An instance will illustrate : In one township the confident testimony of the earliest residents would show that the first elec- tion was held at three different places and at as many different. times. Similarly conflicting state- ments are given in most of the townships. The
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PENN TOWNSHIP.
memory of the pioneers is confused by the fact that at most of the precincts several special elec- tions were held during the first year or two after the township organization. This leads many to give the first election they attended as the first township election. The same uncertainty exists, also, with reference to the officers of the election and the persons elected. In these circumstances, that only is stated here which is known to be true.
The first township organized was PENN, by order of the County Commissioners at their first sitting. It was named by Samuel Grissell, in honor of William Penn. The first house was built by John Gain, in 1823 ; the first settler was John Brooks; the next was Moses Hamilton, who remained long enough to acquire the honorable distinction of first permanent settler. Samuel Grissell came next, and was soon followed by John McCoy, both in 1834.
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