USA > Indiana > Johnson County > History of Johnson County, Indiana > Part 15
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Of the careers of Col. Samuel P. Oyler, admitted to the bar in 1851, and of the Hon. Thomas W. Woollen, admitted in 1856, mention is else- where made. Among other lawyers of the fifties were Daniel Mckinney. reprobate and defaulter; Joseph Thompson, who came here in 1853, but failed to get a foothold and soon went away; H. H. Hatch, lawyer at Edin- burg in 1852; Elijah Banta and G. W. Allison, both admitted at the Decem- ber term, 1859, both ex-officers of the county, and, like Royal S. Hicks of an earlier time, admitted to the bar more as an expression of friendly regard than as evidence of their qualifications as lawyers.
Charles W. Snow, of Edinburg, was admitted to the Johnson county bar in 1855. He was born May 29, 1827, in Clark county, studied law in Colonel Oyler's office; was successful in real estate business at Edinburg. and was a careful, though not an eminent lawyer. He died July 24. 1884.
Richard M. Kelly, of Edinburg, was admitted to practice in 1856. He had served as a private in the Mexican war and held the rank of captain in the Civil war. He was a lawyer of good parts, but dissipated, and in later life lost his standing and influence. He died in 1878.
Hon. Jeptha D. New, in 1856, was a partner of Judge Woollen in the practice here, but soon returned to Vernon, where he became prominent in the law and in politics. Hon. Cyrus F. McNutt was admitted to the bar of the Johnson circuit court in 1860, was for a few months law partner of Judge Banta, then of Judge Woollen, but on the death of his wife he went to Martinsville, where he was a very successful lawyer. McNutt was pro- fessor of law in the State University from 1874-77. and then located at Terre Haute. He was elected judge of the superior court of Vigo county in 1890, and is now, at the age of seventy-six, a very successful lawyer at Los Angeles, California. While Judge McNutt was not long identified with
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our bar, he was born and reared in Johnson county, received most of his edu- cation in its schools, including one year's study at Franklin College, and the county rightly claims an interest in his notable career as lawyer, lecturer, judge and writer.
Daniel Wait Howe, a step-son of Colonel Oyler, was a member of the Johnson county bar from the close of the war until 1872. He was prosecut- ing attorney in 1869, the same year that Colonel Oyler was on the bench, but during the remainder of his stay here he was a partner of his step- father under the firm name of Oyler & Howe. In 1872 Howe and Cas Byfield, of the firm of Woollen & Byfield, went to Indianapolis and prac- ticed law together in that city until Howe was elected judge of the superior court of Marion county. He is still actively engaged in his profession, but Mr. Byfield has been dead many years.
Robert M. Miller, senior member of our bar, was born on a Decatur county farm, near Kingston, April 18, 1845. He is an alumnus of Hanover College, class of 1865. He enlisted in the army late in the Civil war, and at the close of the war engaged in teaching and in the study of the law. In June, 1870, he was admitted to the bar of the Johnson circuit court. He was for a time partner of the Hon. W. W. Browning and later of W. C. Sandefur, but since 1875 he has been associated with Henry C. Barnett, and the firm of Miller & Barnett gives promise of rivaling the firm of Overstreet & Hunter in years as well as in influence.
Mr. Miller has given much of his time to local civic duties, having served as a member of the school board and as president of the board of trustees of the Franklin Public Library since its founding. He has never held an elective office, but has been honored by his party with the nomination for circuit judge in 1906, and for judge of the supreme court in 1908, and ran far ahead of other candidates. He is today as active and vigorous in his profession as any of the younger members of the bar.
Henry C. Barnett was born on a Johnson county farm December 12, 1848. After his study in the district school he attended John C. Miller's Academy at Nineveh and then taught school for several years. In 1874 he studied law in the office of Judge Woollen and was admitted to the bar in February, 1875. In the following November he became a partner of R. M. Miller, and his work at the bar has been characterized by diligence and at- tention to business. In recent years he has shown much strength as an advocate, and has always been the mainstay of the firm in the office routine. His son, Oral S. Barnett. was admitted into the firm in 1912. Mr. Barnett
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is widely known as a worker in the Christian church, and has been a leader in all the anti-saloon fights in the county.
Gabriel M. Overstreet, Jr., was admitted to the bar of the Johnson circuit court in 1869. Very retiring in disposition, he never succeeded in practice in the courts, but his influence for good in the community was widely felt. He served as city attorney in 1870, 1875, 1878 and 1882, and was elected mayor of Franklin in 1888, serving two years. His death occurred November 2, 1897.
Samuel L. Overstreet, son of G. M. Overstreet, Sr., was born July 24, 1853. He was admitted to practice in our court on the Ist day of the November term, 1879. He was city attorney of Franklin in 1880 and 1881. His career as a lawyer here not being successful, he went to Kansas and thence to Oklahoma, and became a leading citizen of the new state and filled many high offices with distinction. He died November 13, 1899.
Among the lawyers of the seventies were William Wilson and Abe Deupree, of Edinburg, and Joseph Shuck and Peter A. Canary, of Franklin, no one of whom became prominent as lawyers; Nelson Berryman and John M. Bailey, of Edinburg, both lawyers of ability, the former moving to Shelby- ville, where he succeeded both in law and in polities, the latter going to In- dianapolis, where he is yet engaged in the practice. Genio M. Lambertson was admitted as a member of our bar February 16, 1874, but soon removed to the West, where he was eminently successful. 'Squire William H. Barnett was also a lawyer in name, but not in fact. Hon. Luther Short, whose bio- graphical sketch appears elsewhere in this volume, was from 1874-79 en- gaged in the practice with F. S. Staff, but Mr. Short was drafted into the service of the Democratic party as editor of its local paper and was soon obliged to devote all his time to newspaper work.
Richard M. Johnson was born August 2, 1845, in Bartholomew county, Indiana. His education was obtained in the rural schools, in John C. Miller's Academy at Nineveh, and in the Law School of Washington and Lee Uni- versity at Lexington, Virginia, from which last named school he graduated in 1871. He began the practice of the law at Columbus, Indiana, but re- moved to Franklin in 1873, and became a partner of Judge Woollen and Jacob L. White. This lasted for a year, when Judge Woollen withdrew from the firm.
Mr. Johnson was a member of the Johnson county bar from 1873 to 1885, when he accepted an appointment under Cleveland as chief clerk in the office of the auditor for the postoffice department. After Cleveland's
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term expired he held various other positions in the treasury department until his death, May 21, 1902.
William T. Pritchard was born in Nineveh township, in this county, September 25, 1847. His education in the district schools was supplemented by a year's work in Franklin College. Admitted to the bar in 1875, he continued to practice law in this city until his death, on the 6th day of September, 1908. His practice in the courts was not extensive, but his office practice was remunerative. He had an extensive knowledge of real estate law, gained through many years work as attorney for the Mutual Building & Loan Association. He was city attorney for six years, 1891-97, and was a safe counselor and a man of excellent business judgment.
Jacob L. White was born in Johnson county December 15, 1849, the eldest son of George B. White, sometime commissioner of the county. His education was obtained in the district school, in John C. Miller's Academy at Nineveh and in a normal school at Lebanon, Ohio. From 1870-72 he taught school, then entered the law office of Woollen & Byfield as a student for a year and a half.
Upon the removal of Mr. Byfield to Indianapolis, Mr. White became associated with Judge Woollen and Richard M. Johnson in the practice of the law for one year, at the end of which time Judge Woollen withdrew from the firm. The firm of Johnson & White continued a successful practice until 1880, when Mr. White became junior member of the firm of Buckingham & White. In the same year he was elected prosecuting attorney of the circuit. . and served with credit. In 1886 and again in 1888 he was elected representa- tive to the state Legislature, and was prominent in the legislative work of the two sessions. But Mr. White was not a politician, in the usual meaning of that term. He was by nature incapacitated to engage in the brawls and intrigues of petty politics, and of him it can in truth be said, "the office sought the man." He was a forcible and vigorous speaker both at the bar and on the hustings, was clean and upright in his living, gentle and kindly in his intercourse with his fellows. He succumbed to an attack of typhoid fever, anci on the 13th day of May, 1889, in the fortieth year of his life, passed to the great beyond.
Frederick S. Staff was born at Raysville, Henry county, Indiana, April 8, 1 848. He obtained his later education in Earlham College and in the Law School of the University of Michigan, taking his law degree March 29, 1871. With the Hon. Luther Short, he went thence to Little Rock, Arkan- sas, to engage in the practice of the law. In 1874 they removed to Franklin and began the practice here. Mr. Short soon became interested in the news-
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paper business, and in 1879 quit his pursuit of the law. Thereafter Mr. Staff was associated for several years with Peter M. Dill in the practice at the Franklin bar. In 1882, and again in 1884, he was elected prosecuting at- torney of the circuit, and was quite successful as state's attorney. He de- parted this life February 4, 1894.
John C. McNutt was born in Hensley township, in this county, May 25, 1863. He had few advantages as a youth, but at the age of seventeen began to teach school and rapidly developed as a student, He studied law with his uncle, Judge Cyrus F. McNutt, then at Terre Haute, and in March, 1886, began the practice of the law in Franklin, associated with William C. Thomp- son. He entered heartily into political life, was elected prosecuting attorney in 1888 and was re-elected in 1890. . In March, 1893, he was elected state law librarian, serving until 1898. He then removed to Martinsville, where he has since enjoyed a lucrative law practice.
Edward F. White, a younger brother of Jacob L. White, was born August 23, 1857. Reared on the farm in Nineveh township, he. like so many others, was a pupil in the rural schools and a student in Franklin College. He was admitted to the bar on September 30, 1887, and upon the death of his brother. Jacob, became junior member of the firm of Bucking- ham & White. This relation continued until the former went on the bench, when Mr. White took his younger brother, George, into the firm. Ed. White. as he was familiarly called, was a man of sterling character, quiet and unas- suming in manner, holding a high place at the bar and in the community not by reason of unusual ability or high attainments, but because of his absolute honesty and rectitude. Stricken by a fatal malady at the age of forty, he went bravely on his daily tasks until death called him October 12, 1902.
John V. Oliver was born at Hopewell. in Johnson county, November 18, 1870. His early education was obtained in the rural schools, supplemented by two years' study in the Franklin high school. He was a student in Franklin College for four years, but being offered a position in the office of Over- street & Overstreet he left college to take up work in the Indiana Law School at Indianapolis. He received his law degree in 1895, and when a year later Jesse Overstreet was elected to Congress he was given an interest in the firm's business, and in 1897 became junior member of the firm of Overstreet & Oliver, a relation which continued until his death, April 27, 1900. John Oliver was a young man of great promise, full of energy, alert and keen. He had a pleasing personality, was a ready speaker and a careful lawyer. While he had never sought office, he was chosen city attorney in 1897, and was a leader in local Republican politics. His early and sudden demise was
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much regretted by the members of the bar, and the memory of his genial presence still abides.
Jesse Overstreet, son of G. M. Overstreet, Sr., was born in the city of Franklin, December 14, 1859, educated in the city schools and graduated from Franklin College with the class of 1882. He received his training as a lawyer with his father's firm, but on the appointment of W. L. Dunlap as United States marshal under President Harrison, he entered the political field and served as deputy marshal until January, 1891. He then became identified with the firm of Overstreet & Hunter in the practice of the law until his election to Congress from this, the old fifth district, in 1894. At the next election he was elected from the seventh district, then composed of Marion and Johnson counties, and took up his residence in the capital city. He con- tinued to serve as member of Congress from the capital city until 1909. His record in Congress was exceptional, serving as chairman of committee on postoffices, and in 1909-1910 was a member of the national monetary com- mission and the author of the Gold Standard law passed by Congress in 1910. His fourteen years of service in Congress was marked by great in- dustry and he attained first rank as an authority on monetary science. To his zeal and perseverance the capital city is most indebted for the fine federal building it now has. His untimely death, on June 3, 1910, was mourned by a host of personal and political friends in this community.
Among other lawyers of the seventies and eighties, whose careers de- serve mention were Peter M. Dill, prosecuting attorney from 1886-1888, later an attorney at the Marion county bar ; O. H. P. Ergenbright, sometime partner of Mr. Dill; and James H. Dorsey, of Edinburg. well known and respected in that vicinity, whose death occurred July 17, 1892.
Among the lawyers of the past twenty years who have been member of our bar and have removed elsewhere, some to take up other callings, the following are remembered :
A. S. Helms, of Edinburg, admitted May 9, 1893, practiced law in that town six years; M. L. Herbert, of Edinburg, admitted in 1895, abandoned the law in three or four years, and is now a farmer; Rev. C. C. Marshall, ad- mitted February 3. 1896, and a year later returned to his work in the minis- try, now preaching in Richmond, Kentucky; Elihu F. Barker, admitted December 7, 1893, partner of David A. Leach 1895. partner of William Eldridge, removed to Walla Walla, Washington, January 1, 1906, very suc- cessful in practice there; Maurice Douglas, admitted December 3, 1896. alumnus in Franklin College, class of '96, now prominent farmer of Flat Rock, Shelby county, Indiana; George Young, admitted February 9, 1897, practiced law in Greenwood one year, now member of firm of Bailey & Young, of In-
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dianapolis; Harry M. Scholler, admitted February 23, 1899, member of firm of Scholler & Neible at Edinburg from 1899, now engaged in the lumber business at Roachdale; Nathaniel M. Lacy, admitted May 20, 1899, removed to Macon, Missouri, in 1901, and is a successful lawyer in that city; Edward L. Middleton, admitted May 20, 1899, alumnus Franklin College, class of '97, member of firm of Middleton & Drybread at this bar 1900-1905, now en- gaged with the Barr Clay Products Company, of Streator, Illinois, and re- sides at Evanston, Illinois; Roscoe S. Parr, admitted September 28, 1903, member of firm of Oliver & Parr for two years; Carl H. Weyl, admitted June 25, 1904, alumnus Franklin College, class of '02, removed to Indian- apolis in November, 1907, now member of firm of Weyl & Jewett; Norman Pritchard, admitted October 19, 1909, alumnus Franklin College, class of '04, since 1912 engaged in practice of the law in Chicago.
The roster of the present membership of the Johnson county bar now engaged in the active practice in this county, is as follows :
Name.
Date of admission. June, 1870.
William A. Johnson
September 7, 1874.
Henry C. Barnett
February, 1875.
John F. Crawford.
September 1, 1890.
George I. White.
November 19, 1894.
Elbert A. McAlpin
November 24, 1894.
Thomas Williams
December 14, 1895.
Douglas Dobbins
April 1896.
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Elba L. Branigin
April 27, 1896.
L. Ert. Slack
September 6, 1897.
Robert L. Crawford
September 8, 1897.
James M. Robinson
September 6, 1898.
Fred R. Owens
September 6, 1898.
L. E. Ritchey.
September 13, 1898.
Walter L. Neible
March 4, 1899.
May 6, 1899.
Will Featherngill Fremont Miller
December 18, 1899.
Ivory J. Drybread.
June 29, 1900.
William G. Oliver
June 6, 1901.
Oral S. Barnett.
March 10, 1902.
Henry E. White
May 22, 1906. .
George S. Staff
-, 1913.
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Robert M. Miller.
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A glance at the above dates suggests two reflections : First, the period between the admission of Mr. Barnett and of George I. White, almost twenty years, must have been an unfortunate one for the lawyers, as none came here to remain except the few whom death has called; the five-year period beginning in 1896 was especially fruitful, more than half of the present bar then entering the lists to stay and fight the battle out here.
Others whose connection with the local bar has been either very brief or merely formal are the following: J. T. Arbuckle, of Edinburg, 1892; W. H. Hubbard, of Edinburg, 1893; Charles Byfield, 1899; Everett Wright, 1901 ; John W. Dixon, 1902; Ammon H. Abbett, 1911; Will Eaton, 1905; Arta Eaton Zeppenfeld, 1905; C. P. Hanna, 1906; Joel B. Huntington, 1904, and Senator J. J. Moore, of Trafalgar.
PROSECUTING ATTORNEYS.
Daniel B. Wick, 1823; Harvey Gregg, 1824; Calvin Fletcher, 1825; James Whitcomb, 1826; William W. Wick, 1829; Hiram Brown, 1831 ; James Gregg, 1832; William Herrod, 1834; William Quarles, 1838; William J. Peaslee, 1840; Hugh O'Neal, 1841 ; H. H. Barbour, 1843; Abram Ham- mond, 1844; Edward Lander, 1848; John Keacham, 1848; David Wallace, 1848; G. M. Overstreet, 1849-51; David S. Gooding, 1851-53; Reuben A. Riley, 1853-55 : D. W. Chipman, 1855-57; Peter S. Kennedy, 1857-63; Will- iam P. Fishback, 1863-65; William W. Leathers, 1865-67; Joseph S. Miller, 1867-69; Daniel W. Howe, 1869-70; Nathaniel T. Carr, 1870-71 ; John Mor- gan, 1871-72; K. M. Hord, 1872-74; W. Scott Ray, 1874-78; Leonard J. Hackney, 1878-80; Jacob L. White, 1880-82; Fred Staff, 1882-86; Peter M. Dill, 1886-88; John C. McNutt, 1888-92; Thomas H. Campbell, 1892-96; Alonzo Blair, 1896-1900; Fremont Miller, 1900-05: Thomas Williams, 1905-07; Henry E. White, 1907-14; John P. Wright, 1914-
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CHAPTER VII.
EARLY SETTLERS AND INCIDENTS.
Among the early settlers in the town of Franklin was W. C. Jones, afterward a resident of Fairfield, Iowa. A letter from his pen was published in the Franklin Democrat in its issue of August 13, 1886, and is given a place here by reason of its detailed information as to the citizenship of the town of Franklin in the year 1831.
"The writer first saw Franklin on December 9, 1831, between sundown and dark. The snow was about six inches deep. It was a very small place, not over two hundred inhabitants. The different offices were held as follows : Clerk of the court, Capt. Samuel Herriott; sheriff, John S. Thompson; re- corder, William Shafer; coroner, William G. Springer; justices of the peace, George W. King and John Foster; constables, John Carter and William Springer; postmaster, George King; district judge, B. F. Morris, of Indian- apolis; probate judge, Israel Watts; representative in Legislature, Major John Smiley.
"The church organizations were Presbyterian, Mission, Baptist and Methodist Episcopal. Rev. David Monfort was minister of the Presbyterian church, Samuel Hardin of the Baptist and Eli Farmer of the Methodist. There were no church buildings. A log school house and the log court house were the only places of preaching.
"The business of the town was S. Harriott & Brother, who had a store on the northwest corner of the square, of a mixed order, dry goods, groceries, boots and shoes. Allen & Mayhew kept a store near the southeast corner of the square of the same kind; Simon Moore kept a grocery and bakery on the north side of the square.
"The lawyers were F. M. Finch and William O. Ross.
"The carpenters were the Shafer brothers, James Frary and Abraham Stack. Blacksmiths, Yuly Spurgeon, Samuel Olmstead, James Chenoweth and William Webb. . Cabinet-makers, J. K. Bennett and J. R. Carver. Tailors, Mrs. Taylor, Charles Griffiths, Samuel Headley and William E. Clark. Boot and shoe makers, Samuel Allison, Sr., Isaac Jones and others. Doctors. Pierson Murphy, Meshach Davis, James Ritchey and Robert McAuley, who
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FRANKLIN, DURING WAR TIMES. JEFFERSON STREET, LOOKING EAST FROM CLARK'S MILL
J
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THE NEW YORK PUBLIC LIBRARY
ASTOR, LENOX AND TILDEN FOUNDATIONS R L
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lived four or five miles west of town on a farm. Doctor Murphy and he did most of the practice. Uncle Joe Young kept a hotel at the southeast corner of the square. Robert Gilchrist had a tan yard in the south part of town near Young's creek and Garrett Bergan had one a little north of the town. Mr. Bryce was the saddle and harness maker. He died of consumption. Thomas Williams was county surveyor and county agent. Town lots could be bought for sixteen dollars apiece. The first court house was a log building on the Indianapolis street, one lot north of the square. There was a brick court house in the center of the square, put up and covered in 1831 and finished afterward. A log jail stood just west of the new court house on the square. A log school house stood in the northeast part of town. William Shelledy was the teacher and also taught vocal music. Alex Wilson, I believe, was a turner or wheelwright. Samuel Allison was a young man, so were Charley Johnson and John High. William Thompson lived in Franklin during the winter of 1832. He was a teamster. I have forgotten the names of a few. Horatio and W. C. Jones and families were in Franklin in 1831 and 1832 during two months. It would have been a small job to have taken the census or assessed the property of the town at that time, and the writer did both in after years. Uncle George King gave the land for the old plat of the town. The town never improved much tillafter the Madison & Indianapolis rail- road reached it. The!citizens of Franklin township outside of Franklin were Peter A. Banta and sons, Thomas ,Williams and father, Milton Utter, Andrew Lewis and John Thompson. Able. Ross, Uncle Davy McCaslin and sons, Harvey, Newton, William and Allen; Alexander McCaslin, David McCaslin, John and Henry Gratner, John Harter and son, Jacob, William Henry, Flem- ing, Seabird and John; old Father Ashley and son, William; William Wear, Edward Williams, Mr. Campbell, Mr. Adams and sons, William, John, George, John and one whose name I have lost; Mr. Hammer and sons, James, John and George; John Rogers,, James Lash and sons, Green, William and Sam- uel; Uncle Billy Norris, Findley Mcclintock, John Israel, Sr., and sons, John Hutson and Patton; Major John Smiley, who was the first sheriff of Johnson county, a representative in the Legislature and probate judge, his sons. William, Samuel, John and Perry: William Rutherford, Mr. Bryant. Frank Devore, Joseph A. Dunlap (think he was there in 183,1), Joel Mozingo and son, Lewis; London Hendricks, Thomas Needham, Esq., and sons, Will- iam, Noah. Isaac and Henry ; Isaac and William Garison, Mr. Owens and sons, Joseph Teatrick, William Williams, Hezekiah and Samuel Mckinney, Elisha Thompson, Abdalla Thompson, Linsey Mckinney, Stephen and Elem- uel Tilson, Elisha P. Dungan, Robert McCaslin and sons, Douglas B. Shellady
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and sons, James and Zebulon; Wallace Edward Crow, Edward Springer and sons, Garret Bergan and sons, Ephraim Harriott, John Wilson, Sr. and Jr., old Mr. Alexander and sons, David and George McAlpin, Robert Farms- worth, Thomas McDaniel and sons, William and John; Simon Hunt and son, Joseph; Michael Canary, Mr. Freeman, William Burkhart, William Poore, James Beedles, Mrs. Elizabeth Beedles, Stephen Rallings, Horatio Jones and sons, Henry Byers and sons, Isaac and Benjamin; Mr. Demaree, Dr. Robert McAuley, Thomas Mitchell and sons, Aaron, Benjamin and John; John and David McCord, Capt. John P. Banta, George and James List, Thomas Hen- derson, father and brothers, John Covert and brothers, John, Cornelius, Simon and Daniel; Andrew Voris and son, Joe; John Voris, David Banta, S. Magill and sons, Samuel and James; Peter Lagrange, Sr. and Jr., Zacariah Rans- dall and sons, William, Benjamin and Isaac; Aaron Lagrange, Samuel Van Nuys, James Van Nuys and sons, Moses Freeman, James McCaslin, Melvin Wheat, James Thompson and Eli Gilchrist.
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