USA > Indiana > Knox County > History of Knox and Daviess Counties, Indiana : from the earliest time to the present; with biographical sketches, reminiscences, notes, etc. ; together with an extended history of the colonial days of Vincennes, and its progress down to the formation of the state government > Part 16
USA > Indiana > Daviess County > History of Knox and Daviess Counties, Indiana : from the earliest time to the present; with biographical sketches, reminiscences, notes, etc. ; together with an extended history of the colonial days of Vincennes, and its progress down to the formation of the state government > Part 16
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PROFESSIONAL CHARACTER OF JUDGES.
Henry Vanderburg, one of the first judges in this court, was an old citizen of Vincennes, and had been an officer in the Revo- lutionary war. He acquired large landed possessions in this city and county. He died, being yet on the bench of this court, April 5, 1812. He was very generally esteemed by his neighbors and was regarded as a just and able judge. He was buried with the honors of war at his country seat, one mile east of the city. He left a widow and a number of children, one of whom married the late Dr. Somes. He left a very large estate in lands. His widow survived him nearly forty years, and up to her death drew & pension from the Government as his widow. Vanderburg County in this State is named in remembrance of him.
Benjamin Parke, another judge in this court, was born in New Jersey, September 2, 1777. He came West on the organiza- tion of Indiana Territory, and located in Vincennes in January, 1801. He was a pure, upright and gifted man, and his worth was soon perceived and recognized by his fellow citizens. He was called to fill many offices of trust and honor under the Territorial government. He was delegate to Congress for the Territory, and was appointed the first judge of the Circuit Court of the United States for the district of Indiana, and died the incumbent of this office at Salem, Ind., on the 12th of August, 1835. His residence here was on the John Wise property, now known as "Parke Place." Parke County, Ind., was named in honor of this just and conscientious judge.
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HISTORY OF KNOX COUNTY.
Walter Taylor, another of the judges of the general court, was born in Lunenburg County, Va., and came to Vincennes upon the organization of the Territory. He was an able man, and justly regarded as one of the first men of the Territory. Upon the admission of the State into the Union he was elected one of the United States senators, and was again elected for a second term. He died at his mother's house in Virginia, August 26, 1826.
Thomas T. Davis, John Johnson and James Scott were also judges in the general court. This court ceased to exist with the Territorial government.
THE COMMON PLEAS COURT.
The common pleas was a local court for the county. It had jurisdiction of civil, criminal, probate and county affairs gener- ally. The taxes were levied by this court, and collected and dis- bursed by the sheriff. At the February term, 1801, this court adopted rules which are commendable for their brevity. They were only four in number, and provided, first, for certain days during each term to make up issues; second, for a docket for the use of the court of all causes at issue; third, for the distribution of the causes over the term days so as to insure a speedy trial of every cause on the day set; and fourth, for the service and at- tendance of witnesses on the day the cause was set for trial. These rules, strictly adhered to and enforced in conjunction with common law practice, are sufficient for any court at any time.
This court, at the March term, 1807, levied the taxes for county purposes that year which present some strange and re- markable features. The taxables returned by the assessors as a basis upon which revenue was to be derived, were as follows:
Houses, lands, lots, dwellings, mills, etc., total value $54,500, tax. $163 50
108 servants assessed $1 a head. 108 00
1,395 horses assessed 50 cents a head. 697 50
2,136 neat cattle assessed 10 cents a head. 213 60
179 single men assessed $1 a head.
179 00
18 stud horses assessed. 43 00
Ferries assessed 24 00
Total taxes levied.
$1,429 10
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HISTORY OF KNOX COUNTY.
This levy compares shabbily with last year's collection in this county of $179,487.94. But it did not hurt the tax-payers as badly. It will be observed that a bounty was given in the way of exemption from taxation to married men, and that single men were discriminated against, no doubt, to encourage marriage, with a view to increase the population. It also appears that one-half the entire county revenue was derived from the tax on horses. It also shows that slavery was still in existence and legally recog- nized here, and that slaves were held notwithstanding the ordi- nance of 1787. And this state of affairs continued until long after the adoption of the constitution of the State in 1816, which was equally unfriendly to slavery.
PUBLIC BUILDINGS.
This court, at the March term, 1808, made a contract for building the first brick court house erected in the county. It was erected on the lot on the west corner of Buntin and Fourth Streets, now occupied by the residence of Judge Niblack. The con- tract was very loosely drawn and brief, and was awarded to Samuel Parr for all the work, and the price to be paid was 192 cents less than the prices for the same kind of work in the city of Philadelphia. Notwithstanding its looseness and brevity it answered the purpose, as honesty and fair dealing was the rule in those days. It was a fine specimen of architecture for the time. The judge's seat and the bar were in a circular form at the northwest end of the building, similar to the construction of the rear of the Cathedral. It was a better building when torn down than its successor, which was erected on the present court house square about twenty years afterward. It only cost the county $3,156.413, and compares favorably with the result of the cost of the present court house, the erection of which was guarded by long and elaborate plans and specifications prepared ostensibly with care by a skillful architect, at a cost equal to the entire cost of the court house of 1813, and supplemented by a long and ver- bose contract and bond, and to be completed for $85,000, and which finally cost the tax-payers of the county about $500,000, exclusive of the recent improvements in the court room. It was completed and occupied in July, 1813. It was not the first court
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HISTORY OF KNOX COUNTY.
house in the county, as several other buildings had been used for court purposes prior to that time, and from 1810 to 1813 a house owned by Antoine Marechall had been used, for which $200 rent was paid. This court was a continuation of the court first organ- ized by Secretary Sargent, in 1790, and was presided over by some of the judges already named.
THE PROBATE COURT.
Since the organization of the State government probate mat- ters have been transacted by different courts. The first one in the order of time was the "court of probate." The following judges presided in this court, in the order named: William Ca- ruthers, William R. McCall, John Ewing, John B. Drennon, Henry Ruble, Mark Barnett, William L. Colman, William Polke, John Moore and Richard P. Price. This court adjourned sine die, Saturday, August 15, 1829. None of the judges of this court were lawyers or ever achieved any judicial reputation, although some of them, particularly John Ewing, gained reputation in other public employments. Mr. Ewing was for many years a representative of this county in either the House or Senate of the General Assembly of the State. He also represented this district in Congress for two terms, being the Twenty-third and Twenty- fifth Congresses. He always boasted, when alluding to his birth, that he was born on the ocean in an American vessel, and that the first sight that gladdened his infant eyes was the "star span- gled banner." But his claim was unfounded. The writer of this was administrator of his estate, and found, after his death, among his papers, his letters of naturalization taken out in the marine court of Baltimore, wherein he declared he was born on the "Green Isle." He had the rich Irish brogue in his speech, which betrayed his Irish origin, and in 1844 W. W. Carr, at the exciting and hotly-contested election of that year between Clay and Polk, challenged his vote on the ground of alienage, and called for the production of naturalization papers, or for him to take the oath prescribed. Mr. Ewing would not recede from his uniform claim of being an American citizen, and refused to take the oath. The challenge came near producing a bloody conflict of the opposing forces at the polls, which was averted by allowing Mr. Ewing to
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HISTORY OF KNOX COUNTY.
vote without showing any papers or taking any oath. Mr. Ewing took a very active part in that election, and was a firm supporter of Mr. Clay and his "American system." He made a speech during the canvass nearly every day and night. He was a fluent speaker and used elegant language, and could dress his ideas upon the same subject matter in such new and varied verbiage as to be apparently dealing with a new subject, and, consequently, his speeches were always interesting. He could do this as facile- ly and readily as the chameleon can change its color. From his long service in public life he had an extensive acquaintance with the distinguished men of his day. He left at his death commu- nications received from Clay, Webster, Choate, Crittenden, Mc- Lean, Carmin and other great leaders of the Whig party in the Union. These were carefully preserved by him, and after his death were deposited in a room of the court house, where they were eaten up by a cow of Martin Authis, the sheriff, which got into the room and could not get out. She lived on these letters for several days as her only food, but died before her imprison- ment was discovered. The last official position Mr. Ewing held was clerk of the city of Vincennes, in 1857. He never married, and left no known relatives. He lived a lonely and isolated life, and died in this place in his office and chamber, without any one being present, April 6, 1858. He was buried in the center, and is yet the sole occupant, of a lot in the city cemetery.
This court was succeeded by the "probate court," which was organized September 7, 1829. The following persons presided as judges in this court in the order named: William Polke, from September, 1829, to 1831; George W. Ewing, from April, 1831, to 1835; Abner T. Ellis, from October, 1835, to 1838; Robert N. Carnan, from December, 1838, to 1839; George R. Gibson, from August, 1839, to 1841; Robert F. McCanaghey, July term, 1841; John H. Harrison, from October, 1841, to 1842; James Thorne, from August, 1842, to 1849; Clark Willis, from August, 1849, until 1852, when the court was abolished. Of the above judges Ewing, Ellis, Carnan, Gibson and McCanaghey were lawyers, but the others were not. George W. Ewing was a native of this county and a son of Nathaniel Ewing and brother-in-law of John Law. He acquired an enviable reputation for the care and atten-
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HISTORY OF KNOX COUNTY.
tion he gave to guardian's accounts and the settlement of decedents' estates, and was called generally by the people " the orphan's friend." Mr. Ellis and Mr. Carnan were very promi- nent in the politics of the county, and very often represented the county in the Senate and House of the State Legislature. Mr. Carnan was speaker of the House during the session of 1847. He was also receiver of this land district under President Taylor. He still lives in retirement in a northwestern State. Mr. Ellis was for many years president of the borough of Vincennes, and was one of the prime movers for the improvement of the navigation of the Wabash River and was president of the company that con- structed the lock and dam at the grand rapids in 1846-47. He also projected and aided the construction of the Ohio & Missis- sippi Railroad and was the first president of the company. He died in this city in October, 1864. Mr. Gibson was a lawyer and a partner of Samuel Judah. He left here many years ago and removed to Crawford County, Ill., where he still resides, but is not in the practice of law. Mr. Harrison was a minister of the Christian or Campbellite Church, and served but a short time. He married Sarah P. Wheeler, a daughter of Henry D. Wheeler, and his widow and several of his children reside in this city and county. He died from accidental drowning in White River dur- ing his term. Mr. McCanaghey was a very young man and a professional lawyer. He came to this place from western Penn- sylvania, where he was born and educated. He soon attracted attention, and was considered a safe and reliable lawyer. A bright future seemed to open before him when he was raised to the bench, but he died during his term, having presided only at . the July term, 1841. Judges Thorne and Willis were rivals. The former was charged with being too much influenced and controlled by Col. Allen; but he kept his seat on the bench for seven years. An allowance he made Col. Allen for drafting administrator's deeds for lots sold in the now defunct town of Pierreville, being a sum five times in excess of the amount the lots sold for, was the particular feather that broke the camel's back. It afforded Judge Willis campaign thunder to use with effect on the stump and resulted in a Waterloo defeat for Thorne. Judge Thorne lived on a farm and lost his life in the fall of
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HISTORY OF KNOX COUNTY.
1860, his body being entirely consumed with his house by fire. Judge Willis lived at Bruceville and was engaged for many years in the mercantile business as a partner of Hugh Barr. He took a lively interest in political matters and loved to make political stump speeches. He possessed considerable influence, and practi- cally controlled his township in the interest of his political party. He was a candidate for representative in 1856 against James D. Williams, but was defeated by a large majority, owing partly to the fact that at the time the opposition to the Democracy was divided in political sentiment and action between the American and Republican parties. He enlisted during the civil war and was elected captain of a company, but performed little active service in the field. He was an unsuccessful candidate for door- keeper of the House of Representatives of the Indiana Legisla- ture in 1873. He died during the spring of that year at his home in Bruceville, leaving several children surviving him, some of whom are still residents of this county.
COMMON PLEAS COURT.
This court was succeeded by the "court of common pleas," which in this county was organized January 3, 1853. This was not a county court, but several counties were grouped together to form a district, and the same judge and prosecutor officiated in all the counties of the district. This district was composed of Knox, Daviess, Pike and Martin Counties. This court possessed jurisdiction of probate matters and of misdemeanors, and in civil matters except divorce, slander, ejectment and where the amount in controversy was less than $1,000. The following persons pre- sided as judges in this court: Richard A. Clements, from 1853 to 1866; James C. Denny, October term, 1866; Richard A. Clem- ents, Jr., from 1866 to 1867; William R. Gardiner, October term, 1867; James T. Pierce, from 1867 to 1873. The judges in this court were all lawyers, and with the exception of Mr. Denny, who held by the governor's appointment to fill a vacancy caused by death, were all residents of Daviess County. Richard A. Clem- ents, the first judge, was born in Bladensburgh, Md. He came West to contract for stone work on the public works being con- structed by the State and Federal Governments, during the inter-
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HISTORY OF KNOX COUNTY.
nal improvement era, he being by occupation a stone-mason. He did not resort to the law as a profession until after he came to Indiana and when he was advanced in years. But possessing a strong and vigorous mind, and applying himself diligently to study, he soon gained a reputation at the bar and secured a large practice.
He represented Daviess County in the State Legislat- ure, and was elected judge of the common pleas, in October, 1852, by a large majority, over Robert N. Carnan. He distin- guished himself as an upright, pure and conscientious judge, and was continued on the bench by successive elections until his death in 1866. His son, Richard A. Clements, was elected his suc- cessor. His son was a native of Daviess County, Ind., and & graduate of the Law Department of the State University. He commenced the practice of his profession in Washington, Ind., where he continued to reside until his death, in the summer of 1867. He represented Daviess County in the House of the State Legislature, and was several times elected the prosecuting attor- ney of this judicial circuit. He was elected judge of the common pleas in October, 1866. He was prevented by death from dis- playing or developing his judicial capabilities. He died during his first term, being still a very young man. Mr. Gardiner was appointed by the governor to fill the vacancy caused by his death, and held the October term, 1867. He never acquired any par- ticular reputation as a jurist from this service, as it was so brief, but he would doubtless have done so if opportunity had been allowed him. He has since, at the bar, acquired a just and mer- ited reputation, not confined to this State, as one among the most eloquent and gifted advocates in the West. He was defeated for the judgeship at the October election, 1867, by James T. Pierce. This was not the result of the lack of any personal popularity, but solely due to political considerations. He was a Republican, and the district was largely Democratic, and he fell with his party. In 1872 he joined the column of "liberals," and left the Republican party, and, as he declared, "had burnt the bridges behind him." He came within a few votes that year of being nominated as the Democratic candidate for reporter of decisions of the Supreme Court, over John Robinson, of Spencer. We
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HISTORY OF KNOX COUNTY.
regret to say the pontifical structures alluded to by him were not wholly destroyed in the conflagration of 1872, and have since been repaired and enabled him to cross back to his first allegiance. James T. Pierce, his successor; was born in Russell County, Ky., October 30, 1835. He graduated at Center College, Ky., and came to Indiana and located at Washington, and commenced the practice of law in 1860. He was twice elected prosecutor of this common pleas district. He was elected judge of the district in 1867, and held the office until it was abolished in 1873. He now resides in Terre Haute, and is engaged in the practice of his profession.
The clerk of all the above courts as well as the circuit yet to be mentioned are the following in the order named: Samuel Baird, Robert Buntin, Homer Johnson, Daniel C. Johnson, Alexander D. Scott, William R. McCord, William Denny, Henry S. Cauthorn, Aquilla P. Woodall, William B. Robinson and George R. Alsop. It will be observed that during the lapse of a century only eleven persons have been incumbents of the clerk's office in this county.
THE CIRCUIT COURT.
The most important court in dignity and jurisdiction has ever been the circuit court from its organization to the present. It has ever possessed general common law and equity powers in all cases both civil and criminal. It was first created by an act of the Territorial Legislature passed at Corydon in 1814. The court first met in this county on the second Monday in May, 1814, being the 9th day of May, that being "the day fixed by law for opening the Circuit Court." But none of the judges putting in an appearance the clerk and sheriff of the county opened and ad- journed the court from day to day for three days successively, and then adjourned until court in course without doing any business. The same proceeding took place at the following August term. March 6, 1815, court met with Isaac Blackford, president judge, and Daniel Sullivan and James B. McCall, associate judges. The first grand jury was empaneled and sworn, consisting of the fol- lowing persons: William Polke, foreman, John Widner, Christopher Wyant, Aaron Quick, Conrad Crum, Joshua Thorn, James Niele,
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HISTORY OF KNOX COUNTY.
Jesse Davis, John Roderick, Isaac T. Decker, Michael Thorn, Jonathan Purcell, Jr., David Wilkins, Adam Harness, Jr., Levi Hollingsworth and Alexander Chambers.
The following persons at this first term were admitted as members of the bar: Henry Hurst, Gen. W. Johnston, John John- son, William Prince, George R. C. Sullivan and Benjamin Fur- guson. They were all sworn "to support the Constitution of the United States and to honestly and faithfully discharge their duties as attorneys at law, and specially to avoid and prevent duelling, and to aid in enforcing the act against duelling.
The following persons have presided in the circuit court in this county during the periods and in the order named:
Isaac Blackford, March 6, 1815, to March 4, 1816.
David Raymond, March 4, 1816, to October 12, 1816. William Prince, February 24, 1817, to April 14, 1818. Thomas H. Blake, May 14, 1818, to October 17, 1818. Gen. W. Johnston, February 1, 1819, to February 13, 1819. Jonathan Doty, May 3, 1819, to October 13, 1821.
Jacob Call, March 25, 1822, to March 29, 1824. John R. Porter, September 27, 1824, to August 19, 1829. John Law, March 1, 1830, to March 30, 1831.
Gen. W. Johnston, September 5, 1831, to Sept. 15, 1831. Amory Kinney, March 5, 1832, to September 15, 1836. Elisha M. Huntington, March 6, 1837, to April 3, 1841. William P. Bryant, September 21, 1841, to October 3, 1843 .. John Law, March 25, 1844, to March 2, 1850.
Samuel B. Gookins, August 19, 1850, to August 31, 1850.
Delana R. Eckles, February 18, 1851, to August 25, 1852. Alvin P. Hovey, March 14, 1853, to September 10, 1853. William E. Niblack, March 13, 1854, to September 19, 1857. Ballard Smith, March 8, 1858, to September 19, 1858. Michael F. Burke, March 14, 1859, to March 5, 1864. James C. Denny, August 15, 1864, to September 1, 1864. John Baker, February 13, 1865, to October 3, 1870. Newton F. Malott, February 6, 1871; present incumbent.
PERSONAL AND PROFESSIONAL SKETCHES.
Of the above persons who have presided as judges in our cir- cuit court, all are now dead except Judges Gookins, Eckles, Hovey.
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HISTORY OF KNOX COUNTY.
Niblack, Denny, Baker and Malott. All of them are professional lawyers and deeply versed in common law learning. They all discharged the duties of their trust creditably and satisfactorily, and the judicial ermine has not been soiled by the official acts of either.
Isaac Blackford, the first one of the line, was a native of New Jersey, and a graduate of Princeton College. He located at Vin- cennes and began the practice of law while Indiana was a territory. He was small of stature and thin in person, and as void of surplus flesh as his decisions of surplus verbiage. He was not a speaker in any respect, and was a man of few words and to the point. He held many official positions. He represented the county in the Legislature, and was speaker of the House at the first session under the State government. He was appointed a judge of the supreme court of the State, to fill the vacancy caused by the death of John Johnson, September 10, 1817, and was continued by successive elections on the supreme bench until January 3, 1853. He was subsequently appointed a judge of the Federal court of claims, and died while still a member of that court. He was very econom- ical in his habits and always wore a black suit glossy from long use, and a black silk hat well worn from frequent brushings. As a consequence he amassed a large fortune. He married a Miss Johnson of this county, but their marital relations were not pleas- ant and they ceased to live together before her death. His wife and only child, George, died in this county long before he died. He was thought by many, at the time he was appointed supreme judge, as too young for that high judicial station, but he fully realized the expectations of his friends, and his enduring reputa- tion will rest upon the decisions delivered by him while a judge of that court, and the eight volumes of reports of its decisions which he published.
David Raymond presided as president judge in the circuit court of this county in 1816, during all terms held that year. But little is known concerning him, whence he came or whither he went. His signature to the records of court disclose a fair, regu- lar and uniform hand writing, indicative of culture and refinement. His commission as judge of the circuit was not spread on record according to the usage in this county. We think, however, he was
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HISTORY OF KNOX COUNTY.
from one of the Southern States, with slavery predilections. While he presided as judge in this county, Ma-sou-pe-con-gar, or the Owl, an Indian, who owned and lived on the survey in the upper prairie, of which Judah's addition to Vincennes is a part, brought an action of detinue against Thomas Jones, for a black or mulatto girl and a cross-cut saw. The case was tried by jury, October 5, 1816, who returned a verdict that the Indian was entitled to recover the black girl and the saw. A new trial was granted. The wonder is that such a cause of action could travel along so far as an issue and trial in a court proceeding according to the course of the com- mon law and under the operation of the ordinance of 1787.
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