History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 13

Author: Goodspeed Brothers
Publication date: 199-?]
Publisher: [Salem, Mass. : Higginson Book Co.]
Number of Pages: 954

USA > Indiana > Orange County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 13
USA > Indiana > Washington County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 13
USA > Indiana > Lawrence County > History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc > Part 13

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

JUDGE WILLIAM W. WICK.

At the March term, 1822, the Hon. William W. Wick. of another circuit was present and presided. He resigned his judgeship at the end of three years, because, as he said, "it was starving bim out." He was "a fellow of infinite jest." and better fitted for a politician, which he afterward became, than the bench. At the June term Judge Wick was again present, and Addison Smith, John Kingsbury and Thomas MI. Allen were admitted to practice, and the " court certifying that Henry A. Coward and James Whitcomb, applicants for admission to the bar. are persons of good moral character," they were also admitted.

Gov. Whitcomb was then a young man, and had just settled at Bloom. ington. He continued to practice, as occasion called for it, at this bar until 1836. Perhaps no man in Indiana became better or more favorably known than he. He was for some time Commissioner of the General Land Office ; twice Governor of the State, and died while a member of the United States Senate. He was a good scholar, an able lawyer, and though a strong partizan, a statesman whose life was beyond reproach. At this term the first "change of venue" was granted. In the case of Ezekiel Blackwell and Henry Lee vs. James Chess, the case was sent on change of venue to Bartholomew County.

SLANDER SUITS IN GENERAL.

At the September term, 1822, the Hon. Ben Blackwell produced his commission as Associate Judge for the term of seven years, took the oath to support the Constitution, fight no duel, and discharge the duties of his office to the best of his ability. At this term cawe to trial the first slan- der suit in the county. James L. Mitchell vs. Thomas MeMannis. (The only one of the jurors now living is Stever Younger.) The jury returned a verdict for plaintiff of $35, and the wound was healed. It may not be true that this was the first slander suit. as under the old practice the cause

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might be entitled as " Trespass on the case," and as the papers cannot be found, many such cases may have been for slanderons words spoken. It is noteworthy, however, that for many years after this many of the cases were of this character. Litigation is like inany other things, and each class of cases must have its rage. At one term not long after this, there were eleven slander cases on the docket, and the old citizens have not forgotten the case of "Glover against Foote," which was so long on the docket and so bitterly contested. The venue was changed to Monroe County, where the plaintiff had judgment, from which an appeal was taken to the Supreme Court and there reversed. Other cases grew out of it, and not only the parties but their friends became involved in it. The lawyers were, perhaps, the only parties benefitted by it, and perhaps they were not even paid for their pains. Attorneys may do well to heed the advice of Judge Parsons, late of Harvard University. when lecturing on this subject: "Yonng gentlemen, you will find that cases of this kind will be the first you will have to undertake. Older lawyers will shua them and they will be brought to you. Be very careful before you un- dertake such cases, to see that yon have a case, and that it does not only exist in the vindictive imagination of your client." Of late years such cases rarely appear on the docket.

CARE OF THE COURT RECORDS.

At the March term. 1823, there were present Judge Wick and his asso- ciates. Field and Blackwel !. The Presiding Judge directed a certificate to be spread of record, showing the condition of the Clerk's office for the preceding year: "That the duties aforesaid have, during the time afore- said. been discharged in a manner indicative of industry, faithfulness and competency. Some improvement in nectness and mechanical execu- tion und in technicality and conciseness of style might be made, and are earnestly recommended." It is noticeable that in the entry of this order there is one interlineation of several words, and several erasures by draw- ing the pen through the words to be erased. It may be as well to observe in this connection that in the main, the records of Lawrence County have been remarkably well kept. The next Clerk. Robert Mitchell, kept the record very neatly, and was complimented by the Judge for the manner in which his duties were performed. His deputy, Samuel Mitchell. still living in retirement in Bedford. wrote the finest hand on the docket up to that time. Mr. Clark kept the records in good shape, and his deputy, (George A. Thornton, E-q .. both while deputy and afterward as Clerk, made a model Clerk, writing an unusually even hand, and being himself a lawyer. his entries and forms were concise in style and technically cor- rect. He perhaps did more to give form and tone to the records of the county than any other man in it. Hi- deputy, Charles T. Woolfolk. fol- lowed his style and made a most excellent Clerk, as have all his succes-

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sors. No defalcations have ever taken place in the office, and the interests of litigants and the public have been carefully guarded. It would be passing by an efficient officer not to say that the present deputy, Joseph Giles. Esq., who has filled that place for ten years past, has made a most faithful and agreeable servant of the public. His record is neatly and artistically kept, and his genial urbanity is proverbial. It is a pleasure thus to be able to commend the officers of the court, and this is the testi- mony of one of long practice in this and other counties.

PROFESSIONAL CHARACTER OF ATTORNEYS.

At the June term, 1883, Edgar C. Wilson, Henry P. Thornton, Thomas H. Blake (formerly Judge of the Circuit). and James Whitcomb, were admitted. Whitcomb's admission seems to have been a repetition, his former admission having probably been forgotten. Thornton was an attorney of the old school, having been born in North Carolina, educated in Kentucky, and trained in all the courts of southern Indiana. In Ken- tucky he met the ablest men of the day at the bar, and was the friend and ardent admirer of Henry Clay. In southern Indiana he met and measured lances with such men as Amos Lane, James Marshall. Carpen- ter, Stevens, Howk, Harbin H. Moore and many others. He afterward removed to Bedford, Lawrence County, where he resided for many years. He was not a great lawyer-lacking in legal acumen, and in the power to convince and control the court or jury. His generous disposition. and especially in his later years, led him to yield too much to his opponent, and the wily adversary could, and usually did, take every advantage of this disposition. But he was an industrious, hard- working and pains- taking lawyer, and to the last term through which he lived he might be seen making his way to the court house, tall, commanding, and straight as an arrow with his carefully endorsed papers in his arm. Maj. Thorn- ton was well and favorably known throughout his circuit, and was an exemplification of the old adage, that " lawyers live a good while, work hard and die poor." In a divorce case-John Connelly vs. Susannah Connelly, it was "ordered that publication be made in the Indiana Farmer published at Salem." It was further "Ordered that Rollin C. Dewey be appointed Prosecuting Attorney, for and during the pleasure of the court, in the room of Winthrop Foote, resigned.

There being no "Narrow Gauge" railroads to occupy the time of the courts with costly litigation, attention was turned to the public high- ways of the county, and we find three indictments returned against Super visors of Highways, one each against Elijah Curry. Hiram Donica and Bartholomew Thatcher. Each gave bail for his appearance at the next term of the court. In the interest of economy, not to say of the peace of the neighborhood, these cases were afterward all nol. prossed. At this term the first alien declared his intention to become a citizen, and the

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first was naturalized. Samuel Wilson, after being sworn, said that, as he believed, he was born " in the parish of Doneghmore, in the county of Donegal, in the kingdom of Ireland. . That he set out for the United States of America, from the port of Londonderry on the 20th day of April, 1819, · . and arrived in New York on the 1st day of July, 1812. . · That he was six feet two or three inches high, of fair com- plexion, fair hair and blue eyes. " He further declared his inten- tion to become a citizen of the United States. Samuel Lockhart canie into court, and having heretofore declared his intention so to do, was solemnly naturalized, and renounced his allegiance to the United King- dom of Great Britain and Ireland, and more especially to George IV.

JUDGE JOHN F. ROSS.

At the April term, 1824, the Hon. John F. Ross filed his commission as Judge of the Second Circuit and took his seat. His commission was signed by Gov. William Hendricks. John H. Sampson was admitted to the bar. Jobn A. Smith made an application to be declared entitled to the benefit of the laws of the United States, in aid of Revolutionary soldiers. He says he served in the First Regiment of Artillery, com. manded by Col. Marshall, in the Virginia line, etc. He says he is aged sixty-six years, that his wife is aged twenty-six years; that he has four children, too young to be of service to him; that he is constantly afflicted with rheumatism and is poor, etc. A list or schedule of his little prop- erty is given, to the correctness of which the court certifies, and he probably became a pensioner of the Government. A number of like applications were made about this time.

THE FIRST CASE OF ARSON.

The first trial on a charge of "arson " occurred at this term. The State vs. James Taylor, Pleasant Taylor and William Leaky. James Taylor and Leaky were acquitted, but Pleasant was less fortunate and got one year in the State's prison. A new trial was, however, afterward granted, because the "jury dispersed and mingled with the people after retiring to consult, etc." Instead of being locked up in a jury room, they were probably sent, in care of a bailiff, to a neighboring shade tree, as was often done. The following is also of record: "On motion of Jere Rowland, Esq., it is ordered that it be certified that Daniel Rog. ers, who is an applicant for license to practice law, is a gentleman of honesty, probity and good demeanor." Ebenezer Post makes application to be declared entitled to the benefits of the act, in aid of soldiers of the Revolution. Says he has "one cow, one yearling, a bed and household furniture not exceeding $10 in value, and a contract for the value of three barrels of whisky due him in Kentucky, which it is doubtful if he ever gets, that he has eight children scattered abroad in the world," etc.

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"Wearing out a case" was not unknown. even at that early day. Rolliu C. Dewey was appointed Master in Chancery.

OTHER COURT OFFICERS.

At the April term. 1825, the Hoas. William Connelly and John D. Laughlin, presented their commissions and were qualified as Associate Justices. John Lowrey presented his commission as Clerk of the Cir- cuit Court, for the term of seven years. he having already served a- sich for seven years. He gave bond in the sun of $2,00) with Winthrop Foote. Moses Fell and Joseph Rawlins as securities. Reuben W. Nel- son. William W. Wick (late Judge) and Hugh L. Livingston, were admitted to practice. Mr. Livingston and Rollin C. Dewey were the only resident attorneys of Lawrence County, for several years. Livings. ton was a native of South Carolina, born in the city of Charleston. He claimed to be a member of the distinguished New York family of that name. He was highly educated, eccentric in character, high toned and courteons in his manners, and possessed of great fertility of imagination. Though well versed in the law, he devoted more time to social enjoy- ment. and the "flashes of merriment that were wont to set the table in a roar" than to Chitty or Blackstone, or to the accumulation of stocks, bonds or mortgages. Heafterward removed to Bloomfield and continued to practice there and at Sullivan for many years.

At the August term, 1825, John Kingsbury was appointed to proseente the pleas of the State. In a number of cases tried on charge of assault and battery, the jury assessed the tine at 25 cents. Robert Mitchell, John Payne and Beverly Gregory filed their bond as Trustees for the Seminary of Learning in Township No. 5. In a case requiring publi- cation it was directed to be published in the Indiana Intelligencer and Farmer's Friend. published at Charlestown, Ind.

On the 6th day of February, 1826. the first term of the Circuit Court (special) was held at Bedford. As heretofore stated the town of Pales- tine had been removed to Bedford. Each owner of a lot or lots in that town taking a like lot or lots in Bedford -the plat being identical. The first court was held in a two-story log-house on the east side of the pub. lic square, on the ground now occupied by Dr. Gardner's stone front hnilding. The front of the house was covered with undressed weather. boarding. and destitnte of paint. Elsewhere "the chinkin' aud the daubin' " served to close the open cracks between the logs. The Clerks and Record . er's offices were in the upper story. An old citizen says that in pleas- ant weather the juries made their verdicts sitting on logs in the rear of the building. The times were not so much "out of joint " then as now, or there would have been some fearful ". log-rolling" with some of the jur- ies. At the Angust term. 1526. Harbin H. Moore and Milton Stapp were admitted to the bar. Gen. Stapp, although a practicing attorney, did not

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devote himself at all exclusively to the practice. His home was in Mad . ison. and many of the improvements of that old city, as well as the old system of internal improvements in Indiana owe their existence large ly to him. Every attorney of Indiana and indeed every one who has been a t all about the courts, is familiar with the character of Harbin Moore. He lived at the old State capitol, Corydon, and his wit, humor and inim - itable jokes have been repeated throughout the State.

Our " Bill of Rights" declares that justice shall be administered freely and without purchase. Many a poor fellow has thought that jus - tice was pretty " costly " before he got it, and some have thought it pretty costly after they got it. At this time, however, it was next thing to " free " as far as the judges were concerned, for we find the following entry: "Ordered that John D. Laughlin and William Connelly, Asso- ciate Justices, be allowed and paid out of the county treasury, the sum of 824 each for their services for the year last past."

At the April term. 1867, N. G. Howard, Henry Handy, Isaac Howk, William K. Howard and Albert S. White were admitted. Mr. How k was a very able attorney of Charleston, and the father of Judge Howk , now of the Supreme Court of the State.

Mr. White was a scholarly man from New York, and attained a greater eminence in politics than in the law. At this time he lived in Paoli. but afterward removed to Lafayette. He served his district in Congress, the State in the United States Senate, and was afterward again in Congress. He was a successful railroad man, and in 1864 was appointed Judge of the United States District Court, but soon afterward died.

** UNABLE TO AGREE."

In a case between Robert Dougherty and James Glover, appealel from a Justice Court, we find the jury discharged because they were unable to agree. This is the first case of the kind in the county, and there was probably very little at stake between the parties. Juries have largely adopted this practice. and it is now a very common thing for them to ask to be discharged for this reason. Very often some " twelfth man" or the jury finds, to his infinite disgust, that there are eleven very stubborn men on the jury. Uncharitable lawyers are wont to attribute this to the cor. ruption of " the twelfth man " It would be a pleasant privilege to record the opinion that this is never the case. And it is noticeable that this opinion is not usually entertainal by these men when the "twelfth inan " is with them. Are we not rather to suppose that the secret of dis. agreeing juries lies in the fact that they pay less attention to the instruc. tions of the court than formerly? And is not this due to the fact that the Constitution of 1852 wurde it necessary for the court, in a criminal case. to tell the jury, after having fully instructed them as to the la w, " but you are the exclusive judges of the law." thus telling them that

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they may entirely ignore his instructions as to the law after he has care. fully given them. It is very natural that juries should carry this privi- lege into civil cases. It is rare that a judge will rebuke a failure to regard an instruction of the court, as Judge Bicknell once did in this court. He learned that one juror had "hung " a jury that he had dis. charged from the trial of the case, and having learned his name, he directed the Sheriff to strike his name from the panel and fill his place from the bystanders.

At the August term, 1827, John Farnham was admitted. Edward Evans asked to be declared entitled to the provisions of the pension act. He says he had neglected to sooner apply, because "through ignorance he did not know how to make his application." Evidently the country was not then flooded with the circulars of fraudulent pension agents as now. Patrick McManus makes a like application, and says he has only "one small chestnut mare, one large Bible, one watch and no money." It was ordered that the Sheriff be authorized to furnish a sufficient guard to safely keep Jameson Hamilton, who had been convicted of an assault and battery, with intent to kill one George Miller, and who had appealed to the Supreme Court from a five years' sentence to the State's prison. It was further ordered that Wier Glover, H. Blevins, William Porter, James W. Freeman, Henry Hendricks and Jonathan McConnell be paid $1.12 each for guarding Hamilton. In April, 1828, James Collins was admitted to practice. Joseph Glover, Sheriff, files an exhibit of amount of fines received by him for the use of the seminaries of learning in Law- rence County, amounting to $17.01. It is to be feared that then, as now, too little attention was paid to the collection of these fines. An inspec- tion of the records will show that the finee assessed in this court, in later years against one man, who afterward died by violence, in the city of Louisville, amounted away up in the hundreds of dollars, and that in each case the order of the court was that he stand committed until such fines be paid or replevied. Such an inspection will probably further show that not one cent was ever realized to the State therefrom. Indeed he was wont to say that he was willing to pay fees, but no fines.

BLACKWELL VS. THE BOARD OF JUSTICES.

At the August term was spread of record the opinion of the Supreme Court in the case of Ezekiel Blackwell vs. the Board of Justices, of Law- rence County. It was a noted case and of importance because others depended on its decision. Blackwell refused to take corresponding lots in Bedford for his lots in Palestine, and sued the county for the value of his lots in that town before the removal of the county seat. The Supreme Court reversed the judgment of the court below, and the case went to Washington County on change of venue, and was probably com. promised.

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Enos Fletcher was admitted to practice at the April term, 1829. At the August term one case was for "altering hog mark, " and the jury (three of whom, Stever Younger, Horatio Jeter and Elbert Jeter, still live) after investigation returned into court with their verdict of guilty, and assessed the punishment of the offender at confinement at hard labor for one year. Pork was cheap, but the ear mark of a hog, properly recorded, was sacred. For some reason this judgment was arrested, and a venire de novo was ordered; he was acquitted. At this term John Lowrey, the Clerk, resigned, and John Brown was appointed Clerk pro tem., and gave bond with Moses Fell, William McClane and James Den- son, sureties.

At the next term Brown was commissioned Clerk for seven years, and gave bond in the sum of $2,500. The Clerk now gives bond in $12,000. The " Prison Bounds " for the county were again fixed and consisted of the north part of the town of Bedford.

The name of William B. Slaughter here appears for the first time. He was born in Virginia, and now became a resident of Bedford and began the practice of law. His office was in a little frame shanty on the corner where H. B. Richardson's store now stands. He was a valuable young man, a fine writer and of tine address. As a lawyer he was im- practical and visionary, and not calculated to meet the matter-of-fact men with whom he came in contact. He represented the county in the Legislature, and was soon after appointed Register of the Land Offices in Michigan, and was a few years ago among his old friends in Bedford. He was interested in peat mines in the latter State. and though he had not yet realized " there were millions in it."

ADMISSION OF EMINENT MEN

At the March term, 1831. Tilghman A. Howard was admitted. He had just settled at Bloomington and was a partner of James Whitcomb. After representing his district in Congress, coming very near being both Governor and United States Senator, he was appointed Charge D'affairs to the Republic of Texas in 1844, where he soon died. He was a "Chris. tian statesman " and a man among men. At the March term, 1832, Joseph Athou and Pleasant Pagett took their seats as Associate Justices, and Robert Mitchell presents his commission as Clerk for seven years. At the September term, 1833, on motion of Charles Dewey, it was " ordered by the Court that Richard W. Thompson be admitted to prac- tice as an attorney, er. gratia, during the present term of the court." Col. Thompson, the "silver-tongued orator of the Wabash," is still per- mitted ex gratia dei, to practice and speaks for himself. He was at this time associated with Judge Dewey, and made rapid advance in his pro- fession. Afterward he and Mr. Dunn became partners and by their industry and ability, soon had the practice of the county, and were look-

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ing elsewhere. Col. Thompson soon afterward removed to Terre Haute, where he still lives. He is too well known for further notice here. An orator unsurpassed. a statesman of the purest type and a gentleman of the "old school " he holds a warm place in the hearts of his countrymen.

At the September term. 1834, John H. Thompson presided, by com- mand of the Governor. pro tem, until the next Legislature. vice Ros-, deceased. Phrelan G. Pangh and Oliver H. Allen were admitted to practice. In June. 1535, John H. Allen presents a commission as Pres- ident Julge for three years, to fill the unexpired term of Judge Ross. At the September term 1835. Elsy Woodward took his seat as Associate Judge in place of Joseph Athon, resigned.

HON. GEORGE G. DUNN.

George G. Dunn was admitted to the bar in September, 1835. Mr. Dunn became a partner of R. W. Thompson, and they at once took a high rank at the bar. Such was their success that most of the attorneys of the circuit previously attending this court ceased to come. except when following up some case of importance here by change of venue. Mr. Dunn deserves more than a passing notice. It is not claiming too much to say that though he did not pass the meridian of public life he was among the very first lawyers and statesmen that the State has produced. Born in Kentucky in 1512, he came to Indiana while yet a boy. His education would now be regarded as limited, having only gone as far as the junior class in the State University. His means were limited, and the facilities for obtaining a finished education, as that implies to-day. were even more limited. There were no extensive libraries with alcaves filled with well-selected law books this side the Alleghany Mountains, and a journey beyond them at that day was equal to a trip around the world to-day. Like almost every other young man of that period he was a stranger to the advantages of foreign travel, and he came not in contact with foreign men and foreign customs, but he had a strong arm and a brave heart, and he set out to meet and conquer the difficulties of life with the courage of a hero. He very soon made himself felt at the bar of Lawrence County, where he began and continued his practice. Coming in contact with such men as Thompson, Hughes. Howard and Marshall he proved himself the peer of the best of them. As an advocate he had no superior in the State, perhaps few in the country. He may have lacked the pleasing eloquence of the silver- toned Thompson, now of the Wabash: he may have lacked the " breadth of comprehension " of hi- intimate friend Mar-hall, but he surpassed them all in moving the heart- of those to whom he made his passionate appeals. He was a better judge of human nature than any with whom he had to contend. and no man knew better how to reach and control that human nature than he. The writer only knew bim personally in the last years of his life. but a

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History of Lawrence, Orange, and Washington counties, Indiana : from the earliest time to the present, together with interesting biographical sketches, reminiscences, notes, etc, Part 13

Author: Goodspeed Brothers Publication date: 199-?] Publisher: [Salem, Mass. : Higginson Book Co.] Number of Pages: 954

Author: Goodspeed Brothers
Publication date: 199-?]
Publisher: [Salem, Mass. : Higginson Book Co.]
Number of Pages: 954