USA > Indiana > Johnson County > History of Johnston 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 36
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* I am indebted to H. D. Voris, superintendent of schools of the county, for the fore- going figures.
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SCHOOLS.
up to 1849, when he resigned, leaving the college without a presi- dential head, for a period of two years. These were years of gloom for the college and its friends. The institution was in debt, and liable to be sold on execution. But its friends rallied, the debt was paid off, and in 1852, the Rev. Silas Baily, D. D., an able man and a profound scholar, was elected to the presidency, and a new and brighter chapter in the history of the college was entered upon. Within a few months after the Doctor had signified his acceptance, a new building, the counterpart of the one of 1843, was projected and under way. Its corner stone was laid by Judge F. M. Finch, in the presence of the college, and a large number of the citizens of the town, during the spring session of 1853, and the building was completed in about one year from that time.
Like every other college in the state, Franklin knows the dis- advantage that comes of poverty. As early as 1842, a plan of raising an endowment was submitted, and many times since the plans have been put forth having the same end in view. But only a college man can realize how painfully slow the work of building up an endowment progresses. By 1853, a scholarship en- dowment of $60,000 was subscribed for, but for some reason the subscription proved of little advantage to the institution. The larger part of it was never collected. Dr. Baily continued to exer- cise the office of president up to 1862, a period of ten years, when failing health obliged him to resign, shortly after which the college doors were closed. All the boys save two lame ones went to the war.
For three years the school was abandoned. In 1867, Professors William Hill and Jeremiah Smith, opened a private school, which they continued with success, up to 1869, when the board of trustees once more took possession, and the college was put on its feet. A corps of teachers, with the Rev. W. T. Stott as " acting president," was put in charge. The next year, the Rev. H. L. Wayland, D. D., was elected president. " Vigorous efforts were now made to so present the needs and importance of the college, that the Bap- tists of the state would raise at least $100,000. After repeated efforts, President Wayland became discouraged and resigned. The board had incurred a considerable debt in repairs, and in advancing the pay of instructors, and so, in the early part of 1872, the college property was taken to secure the debt," and further work was abandoned.
This was the darkest hour in the history of the institution. The admirable work done under President Baily's administration had endeared it to the love of the young men who had been its students under him, as well as to the thousands of its friends throughout the state.
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JOHNSON COUNTY.
For several years the friends of the college had been hampered in their efforts to build it up, by a sentiment of hostility, on account of what was deemed its unfavorable location. In proportion as the peril increased, the clamor on account of location increased, and for a time it seemed as if the college would go down altogether, or be moved to some other place. To avert the impending calamity, a joint stock association was organized, mainly of citizens of Johnson County, who promptly subscribed $51, 175, and the institution was once more free of debt. The Rev. W. T. Stott was then elected president, an office he still holds, and a full faculty gathered about him, since which the work of education has gone on with the regu- larity of the seasons.
The work of increasing the permanent endowment of the col- lege has slowly but surely progressed. To-day, the productive en- dowment is $110,674.37; not yet productive, $30,118. Small as this endowment is, it is, nevertheless, large enough to be a guaran- tee against any such financial troubles in the future, as have over- taken the college in the past. The erection of a large and handsome new building, to which the old ones are to be the wings, has been commenced, and has so far progressed as to insure its enclosure the present year. This building will cost $40,000, which will be borne by voluntary contributions. A greater era of prosperity has never befallen the institution than the present. During the collegiate year just closed, the number of students in attendance was 223. The entire number who have received all, or the greater part of their education in Franklin College, is 3.000. The first graduate was John W. Dame, in 1847, since which ninety students have taken their degrees at the end of a full course of studies in Franklin Col- lege.
The names of the presidents of Franklin College have already been given. Among the persons who have served as professors, we may note William Brand, Dr. John S. Hougham, John W. Dame, Jeremiah Brumback, Barnett Wallace, Mark Baily and C. E. Baily. The faculty, as now constituted, is as follows: Rev. William T. Stott, D. D., president, and professor of mental and moral philosophy; Rev. Columbus H. Hall, B. D., vice president, and professor of Greek language and literature; Miss Rebecca J. Thompson, A. M., professor of mathematics, pure and applied; Rev. Arthur B. Chaffee, A. M., professor of chemistry and physics; David A. Owen, A. M., professor of geology and botany: John W. Moncrief, A. M., professor of history; Francis W. Brown, A. M., Ph. D., professor of Latin language and literature; J. D. Bruner, instructor in modern languages; Mrs. Arabella R. Stott, instructor in painting and drawing; James M. Dungan, instructor in music, in- strumental and vocal; Miss Lucia May Wiant, instructor in elocution.
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BENCH AND BAR.
CHAPTER V.
BY D. D. BANTA.
BENCHI AND BAR - CIRCUIT COURT -ITS JUDGES AND OFFICERS - FIRST SESSIONS - EARLY CASES - PROBATE COURT- COURTS UNDER THE NEW CONSTITUTION - COMMON PLEAS - FLUCTUATION OF LITIGATION - CIRCUIT JUDGES AND PROSE- CUTING ATTORNEYS - EARLY ATTORNEYS.
RIGINALLY it was provided that the circuit court of Johnson County should be held at the house of John Smiley, " or at any other place the said court shall adjourn to, until suitable accommodations can be provided at the permanent seat of justice of said county." The county was attached to the fifth judicial circuit, or as it was popularly known, to the " New Purchase " circuit, and was given two terms of court a year - a spring term and a fall term. Three judges were provided for by constitutional enactment, viz .: a president judge, who was elected by the Gen- eral Assembly of the state, and two associate judges, who were elected by the popular vote of the people of the county in which they served.
The necessity for associate judges sprung out of a feeling of jealousy existing in the pioneer mind of professional men. It was not enough to have a jury of twelve men selected from the vicinage, to which all issues of fact could be submitted, but there must needs be two laymen, selected by popular vote from the same vicinage, who were to occupy a seat along with the president judge, and having the power to overrule him on all questions of both law and fact -a power that was occasionally exercised. In the absence of the president judge, the associates were clothed with all the powers appertaining to a circuit court. They could make up issues, try civil and criminal causes, grant restraining orders and hear writs of habeas corpus. The system continued up to the adoption of the present state constitution in 1851.
At the time Johnson County was made a part of the fifth judicial circuit, William W. Wick was the president judge. He had been commissioned for a term of seven years, on the 2nd day of January, 1822, then being in his twenty-eighth year. Judge Wick was a man of marked ability, and was for a long time identi-
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fied with the people of Johnson County. He was born in western Pennsylvania, and studied law in the office of the Hon. Thomas Corwin, at Lebanon. Ohio. In 1820, he moved to Connersville, where he was living at the time of his elevation to the bench, not long after which he moved to Indianapolis, where he continued to reside up to 1865, when he moved to Franklin, living the remain- der of his days with his daughter, Mrs. Laura Overstreet. He died in 1879, and all that is mortal of him lies in the Franklin Cemetery, without a stone to mark his resting place. During his somewhat busy life, he served ten years on the circuit bench. four years as secretary of state, and five years in Congress.
At the first election held in the county, Israel Watts, of the Blue River settlement, and Daniel Boaz, of the White River, were chosen without opposition, as far as now known, associate judges. Of the former, but little is known. He had the misfortune to live in a community where no one has ever cared to perpetuate, in writing, the memory of its pioneer citizens, a misfortune in which a large majority of the Indiana pioneers have shared. The most we can say of Israel Watts is, he was an uncultured and honest man, and was thought well of by the public he so long served in a minor judicial capacity. Ile could barely write his name, as the records show, but he was considered a man of excellent judgment. He served seven years associate judge, after which he was elected to the probate bench, and served seven years thereon. We know more of Judge Boaz. His neighbor, Judge Ilardin, thus writes of him: " He was a fine specimen of the old Virginia gentleman, and of unbending dignity. He was affable, polite and kind, and was highly useful in imparting knowledge to his neighbors, of legal matters, and in their distress, when sick, and no doctor could be procured, in advising and contributing medicine for their relief."
On Thursday, the 16th day of October, 1823, the first term of the Johnson circuit court was begun at the house of John Smiley. All the judges were present, and Samuel Herriott, clerk of the court, and John Smiley, sheriff. John Smiley lived in a two-roomed cabin, in one of which the court was convened, and in the other of which the grand jury held its sessions. James Dulaney, Daniel B. Wick and Calvin Fletcher, appeared as attorneys, and were duly sworn as such. The sheriff produced the following " good and lawful men and discreet householders " who served as grand jurors, viz .: John Israel, foreman, William Barnett, Thomas Doan, John Ilarter, George King, Jonathan Palmer, John White, John A. Mow, Joab Woodruff, William Fester, John Jacobs, John A. Miller, Simon Shaffer, Jefferson D. Jones and John Frazier. Daniel B. Wick, a younger brother of the judge, was appointed to prosecute
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the pleas of the state. In the room in which the grand jury met, Mrs. Smiley lay sick. The prosecutor carried in his pocket a flask of ardent spirits, from which the sick woman was invited by the prosecutor to drink. After her declination, the bottle was gener- ally handed to the grand jurymen, most, or all, of whom were less scrupulous than the sick woman.
It was remembered that a large per cent. of the male popula- tion of the county attended that first term of the Johnson circuit court. Most of them came on foot, carrying rifles, and wearing leather breeches. All gave the closest attention to the legal proceed- ings, which, however, were of short duration, leaving considerable time for shooting at a mark, a pastime in which the yeomenry of that day, loved to engage. When the dinner hour had arrived, judges, lawyers, jurymen and spectators were invited to eat of the dinner which had been prepared for the purpose. The mistress of the house being sick, Mrs. Nancy Rutherford, a near neighbor, volunteered to bake the cornbread and roast the venison and wild turkeys that made the principal part of the feast.
One civil case was on the docket when court was called the morning of that first day, entitled: "Henry Hines, assignee of William H. Eads and Thomas C. Eads, partners, trading and doing business under the firm of Willlam H. Eads & Co., vs. William Hunt, " in which a judgment was rendered on default in the sum of $33.54. The grand jury returned indictments charging assault and battery against William Burkhart and Martin Cutsinger, and one against David Burkhart and Richard Berry, on charge of an affray. All of these breaches of the peace occurred at the time of the first election, held at the home of Hezekiah Davison, in the March be- fore. Amos Durbin filed a petition for a change in a highway, after which, an allowance of 75 cents was made to each of the grand jurymen, and of $2 to each of the associate judges, and then the court adjourned until the next term, to meet at the house of George King.
On the first Monday in March, IS24, the court convened at the place appointed, with the same officers as at first. George King's wheelwright shop having been put in order, was made the court room. Gabriel Johnson, Philip Sweetzer, Edgar C. Wilson and Hiram Brown were admitted to practice at the Johnson County bar. The following named persons were sworn as grand jurors, to wit: Isaac Davison, Hezekiah Davison, David Webb, Andrew Pierce, Jacob Groseclose, Robert Gilcrees, William Burkhart, George W. Blankenship, John Adams, Sr., Jesse Davison, Ab- raham Lowe, Lewis Pritchard, John Hamner, John Campbell and Patrick Cowan -fifteen good and true men; and Abraham
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JOHNSON COUNTY.
Lowe was made the foreman. On the case of the State as. David Burkhart and Richard Berry, who were indicted at the former term of court, for an affray, being called, the first named on being arraigned plead not guilty, and demanded a jury. The following persons were called and sworn to "well and truly " try the case, viz .: Zachariah Sparks, David McCaslin, William Etter, Willis S. Mills, Michael Brown, Permenter Mullenix, Abraham Sells, Spen- cer Barnett, Philip Moore, Philip W. Robinson and William Ruth- erford. After hearing the evidence and the argument of counsel, they found the defendant guilty, and assessed his fine at one cent. An alias writ was issued for his partner in crime - Richard Berry. An indictment for an assault and battery was found against John Doty, of White River. He and Permenter Mullenix, at the elec- tion, in March, 1823, had a fight about their candidates for clerk, and doubtless, this indictment arose out of that trouble. Timothy S. Goodman obtained a judgment against William Hunt, in assump- sit, for $85.92. An appeal from Justice McDonald's docket, of a case entitled, "State of Indiana vs. William Quin," was dismissed by " Wick for the State." Curtis Pritchard and Isabella, his wife, acknowledged the execution of a deed, to lands in Kentucky, be- fore the court, which was made a matter of record. The bond of James Thompson, guardian of Alfred Thompson, Jennette A. Thompson, Alexander B. Thompson and Celia D. Thompson, with William R. Hensley and Ann Thompson, as sureties, was approved. William Smiley was allowed 75 cents for all day's services as sheriff. John Smiley, sheriff, $25 for "extra services," Samuel Herriot, clerk, and Daniel B. Wick, prosecuting attorney, each the same. The term began and ended on the same day, during which the presiding judge found time to lay down on King's work-bench and " shake with the ague." The following September ( IS24), the court convened again, at the house of George King, but immedi- ately the following entry was ordered by the judges: "The court being satisfied that a more convenient house for the holding of the court can be had in the Town of Franklin, the seat of justice for said county, now adjourns, to meet at that house instanter."
The "convenient house" referred to was the first court house erected in the county. It stood on lot 22, and was built during the summer of 1824, by William Shaffer, the county recorder, who was by occupation a house joiner. Thomas Williams, who was the owner of the only yoke of oxen then in the new town, drew the logs to the building site for $1. The house was in keeping with the poverty of the county. It was two stories high, was built of hewed logs, and a broad wooden outside and south side stairs led from the ground up to the second floor, which was the court
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room. This was furnished with a table, "two splint-bottomed chairs, one for the judge and one for the clerk," with wooden benches without backs, for the accommodation of associate judges, lawyers, jurymen, litigants and spectators.
Harvey Gregg, producing his commission as prosecuting attor- ney for the fifth judicial circuit, was duly affirmed by Judge Wick. Michael G. Bright was admitted to practice at the Johnson County bar. The business of the court had so increased that it required two days to dispose of it. Nine state causes claimed the attention of the court, three of which were recognizances for surety of the peace. One was against Andrew Pierce with John Rowe as complaining witness, who, says the record, being duly sworn saith, " That he is not as fearful of bodily injury from the said Andrew as when he first complained against him, but that he is still afraid he, the said Andrew, will do him some bodily injury, and that he is afraid to trust him"; and the said Andrew was thereupon required to give surety that he would keep the peace toward all men, and "more especially toward the said John Rowe."
In the log court house, the circuit courts continued to assemble every spring and fall, up to 1831, when a new brick structure was erected in the public square at a cost of $1, 176.50. On the 18th of May, 1849, this building was consumed by fire, after which another brick house was built on its site at a cost of $10,684. On the 12th of December, 1874, this in turn, was consumed by fire. Thereupon, the county commissioners caused a frame building to be erected south of the square, which served the purpose till a new one, begun in 1879, could be completed. This imposing structure was erected at the contract price of $79,100. From what has been written, it will be perceived that the circuit court, as originally con- stituted in this state, was a court of very general jurisdiction. In 1830, a probate court was established, and Israel Watts was elected and served as probate judge of the county up to 1837. For a period of more than twenty years the two courts retained their respective jurisdictions without any material change.
With the adoption of the new constitution in 1851, the old judi- cial system gave way, and with it ended the first period of the county's judicial history. The names of those who have held the office of circuit judge in the Johnson circuit court will be given hereafter. The following are the names of those who served as associate judges, viz .: Israel Watts, 1823 to 1830; Daniel Boaz, 1823 to 1837; William Keaton, 1830 to 1835; James R. Alexan- der, 1835 to 1843; Robert Moore, 1837 to 1844; James Fletcher, 1843 to 1845; John R. Carver, 1844 to IS51; John Wilson, 1845 to 1851. The following persons filled the office of probate judge:
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JOHNSON COUNTY.
Israel Watts, 1830 to 1837; John Smiley, 1837 to 1844; Bartholo- mew Applegate, 1844 to 1851; Peter Voris, 1851 to 1852.
The new constitution kept the circuit court on foot with its two terms a year. The office of associate judge was abolished, and the probate court also gave way for a new court-the common pleas. All the weightier matters of the law were left to the juris- diction of the circuit court, but the General Assembly having been empowered by the constitution to create courts of inferior jurisdic- tion to the circuit court, in 1853 the common pleas court was legis- lated into existence. It was intended to be a court of convenience. Four terms a year were provided for, and it was given exclusive jurisdiction in all probate matters, and concurrent jurisdiction with the circuit court in misdemeanor cases, and in inferior civil causes. Johnson County constituted one district, and Franklin Hardin was elected the first judge, and served as such to 1860. Judge Hardin, in his younger days, had studied law, but had no experience as a practitioner. He had, however, a valuable experience as a legisla- tor, and had served as a delegate in the constitutional convention. He had a fine natural ability, was a diligent student, a painstaking judge, and under his administration the Johnson common pleas at- tained a degree of popularity that clung to it as long as it had an existence.
The conditions that led to the final overthrow of the common pleas court arose mainly out of the legislation of the state. In 1860, the districts were greatly enlarged. Johnson, Shelby, Brown, Morgan and Monroe counties were being joined in one circuit. Similar changes were made with all the counties, which, at once, de- prived the court of its most popular features, viz. : that of being a county court. The judges, instead of being taken from the ranks of neighbors, came, in a great measure, from the ranks of strangers. Originally, the jurisdiction of the circuit and common pleas was separate and distinct, but act after act was passed extending the jurisdiction of the common pleas, until the partition wall was fairly broken down. There came a time when this could be truthfully written. " The circuit court has jurisdiction of all felonies and misdemeanors; the common pleas of all misdemeanors, and under certain circumstances, of felonies. The circuit court has exclus- ive jurisdiction of all cases where the title to real estate comes di- rectly in issue, but the common pleas may try causes where the title comes collaterally in issue. The circuit court has exclusive jurisdiction in actions for slander and libel, for injuries to the per- son, and for breach of promise; the common pleas in all probate matters. In the wide domain of causes arising out of contract, comprising nine-tenths of the matters litigated in our courts, their
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jurisdiction is concurrent, and from them an appeal may go directly to the court of last resort."
The anomalous spectacle was presented of two courts, each having its own judge and prosecutor, with substantially the same jurisdiction, administering justice in the same county. The com- mon pleas districts were laid off without reference to the circuits, and in many places, as soon as the term of one court expired, the other was ready to begin. A few instances occurred where the laws authorized both courts to be in session at the same time.
In 1873, an act was passed abolishing the common pleas, and giving to the circuit court jurisdiction of all causes theretofore belonging to both courts, and providing for four terms a year in each county. The following persons held the office of common pleas judge in the Johnson district, with their terms of service annexed to their names, viz .: Franklin Ilardin, 1853 to 1860; George A. Buskirk, 1860 to 1864; Oliver J. Glessner, 1864 to 1868; Thomas W. Woollen, 1868 to 1870, resigned before term expired; Richard Coffey, 1870 to 1873. Judge Buskirk was a resident of Monroe County, Judge Glessner of Morgan, and Judge Coffey of Brown. Judges Hardin and Woollen were of Johnson County. From the organization of the county up to 1869, it had been attached to the Indianapolis circuit, but a new circuit was established in that year, consisting of Johnson, Shelby, Barthol- omew and Brown counties, and in 1873, when the act abolishing the common pleas was passed, Johnson and Shelby counties were organized into a circuit, which arrangement is still in existence.
Comparison of Business. - An inspection of the records of the circuit and common pleas courts discloses some interesting facts relating to the legal business of the county. From the organiza- tion of the common pleas court up to and including 1860, the cases on the docket of the early spring terms, varied from forty-one to sixty-three, the highest number being in 1856. During the same time in the circuit court the number of cases on the docket at the spring terms varied from fifty to seventy-nine, the highest number being reached in 1858. During the war period, the cases on docket at the spring terms ran from eighty-three in 1861, down to twenty- five in 1863, and twenty-two in 1864. In the common pleas court there was little change, the average during that period being about sixty causes. In 1872, the number of causes at the March term of the circuit court reached 104, the first time in the history of the court the 100th was passed. At the following September term the number reached 121. There was a corresponding increase on the common pleas docket. Legal business was on the increase, not only in Johnson County, but in every other county in the state,
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JOHNSON COUNTY.
and in truth, everywhere in the west. Beginning with 1870, and continuing for a period of thirteen years, was an unprecedented era of litigation throughout the country.
The first term of the circuit court after the abolition of the common pleas, in April, 1873, at which term the cases left over at the final term of the common pleas, were transferred to the circuit court docket, bringing the whole number of causes on its docket up to 177. The following table shows the number of civil causes on docket at each term, from and including the year 1874, up to and in- cluding the year 1887 (with the exception of the year 1878, the court docket for which year, not being found). Only three terms of the court were held in 1873, hence the exclusion of that year:
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