USA > Indiana > Miami County > History of Miami County, Indiana : a narrative account of its historical progress, its people and its principal interests, Volume I > Part 33
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The records of the town council for 1856 contain mention of a "cor- poration library," but no one can be found who knows anything of such an institution. In that year the Miami County Workingmen's Institute was organized in accordance with the will of a Mr. McClure, of New
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Harmony, Indiana, which provided that whenever a society of persons, "who labor with their hands and earn their living by the sweat of their brow," should organize and contribute 100 volumes as the nucleus of a library, such society should be entitled to receive $500 from his
PERU PUBLIC LIBRARY
estate. The institute and the town council employed Ira Myers to col- lect books for the library and he succeeded in collecting 140 volumes, when the organization received $500 worth of books from the McClure estate. The institute was disbanded in March, 1860, the library then
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passing into the hands of H. G. Fetter, who some years later turned it over to Dr. W. H. Gilbert, after which the books became scattered. John W. Shields, the veteran music dealer of Peru and who is still living, was a member of the institute and tells some amusing anecdotes of how professional men, desiring to share in the benefits of the library, would attempt to show that they were workingmen and "earned their living by the sweat of their brow."
The present public library at Peru was organized under the act of the Indiana legislature, approved by Governor Matthews on March 11, 1895, which provided that whenever a library was organized by the people and established by private donations, under certain conditions, the local authorities might levy and collect a tax of no more than six cents upon each $100 worth of taxable property, etc. Shortly after the passage of that act the school board of the city of Peru took the necessary preliminary steps for the establishment of a public library in accordance with its provisions. A few books were collected, some of which were donated and some acquired by purchase, and these were placed in the high school building at the corner of Sixth and Broadway streets, with Miss Martha G. Shirk as librarian ..
It soon became evident that the high school building was inadequate to the demands of both school and library and early in 1901 Dr. L. O. Malsbury, of the school board, and Rev. Harry Nyce, pastor of the Pres- byterian church, appealed to Andrew Carnegie for a donation, with which to erect a suitable building. D. H. Strouse had previously written to Mr. Carnegie on the subject. Mr. Carnegie replied under date of March 8, 1901, offering to give $25,000 provided the city would obligate itself to raise ten per cent of that amount annually for the library's support. The offer was accepted and plans for the building were approved in the following May by Mr. Carnegie.
An effort was made to secure the location of the building on the city lot at the northwest corner of Main and Miami streets, but this failing the lot at the northeast corner of Main and Huntington streets was secured. About this time a controversy arose between the city council and the school board as to which body should control the funds donated by Mr. Carnegie and assume the responsibility for the erection of the building. A compromise was finally effected by the appointment on August 16, 1901, of a library board, part of the members of which belonged to the council and the others to the school board. This board organized on August 22nd by the election of William Odum, president; I. W. Kurtz, secretary ; and Dr. H. P. McDowell, treasurer. Bids were advertised for on September 12, 1901, and about this time, Mr. Carnegie made an additional donation of $2,000 to the library fund.
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The corner-stone of the building was laid on Wednesday, February 26, 1902. On the Huntington street side of the stone is the inscrip- tion : "1902. Crapsey & Lamm, architects; J. B. Goodall, contractor," and the inscription on the Main street side reads: "Library Building Board-W. A. Odum, William A. Canther, I. W. Kurtz, H. P. McDow- ell, M. A. Reilly, C. Smith, L. O. Malsbury." The building was com- pleted before the close of the year and was opened to the public with Miss Martha G. Shirk as librarian and Miss Gertrude H. Thiebaud as assistant. Miss Shirk resigned a little later and Miss Thiebaud was promoted to the position of librarian, which she still occupies. At the close of the year 1913 there were about 10,000 volumes in the library, exclusive of a large number of pamphlets and newspaper files. The city has levied a tax each year, in accordance with the law, for the support of the library and with the fund thus provided new books are being constantly added. On the second floor on the library building is an assembly hall, in which lectures and entertainments are given in con- nection with work in the library and school board.
Although the Peru library is the only free public library in Miami county, the trustees of the various townships have been somewhat liberal in the establishment of libraries in connection with the public schools, the number of volumes in the school libraries at the close of year 1913 have been approximately 15,000.
CHAPTER XV THE BENCH AND THE BAR
PURPOSE OF THE COURTS-EIGHTH JUDICIAL DISTRICT-FIRST COURTS IN MIAMI COUNTY-CHARACTER OF THE EARLY JUDGES-THE COURT- HOUSE FIRE OF 1843-WABASH BRIDGE CASE-PERSONAL MENTION OF JUDGES-SEAL OF THE CIRCUIT COURT-CHANGE IN COURTS BY THE CONSTITUTION OF 1852-PROBATE COURT-COURT OF COMMON PLEAS -COURT OF CONCILIATION-LIST OF JUDGES AND PROSECUTING ATTORNEYS-THE BAR-SKETCHES OF OLD TIME LAWYERS-BAR ASSOCIATION-ATTORNEYS IN 1914-A FEW CASES.
« Robert Burns, in his cantata of the "Jolly Beggars," in which is represented a number of vagabond characters gathered at the house of "Poosie Nancy," makes one of the assembled guests sing a song with the following refrain, in which the company joins with great glee :
"A fig for those by law protected, Liberty's a glorious feast ; Courts for cowards were erected, Churches built to please the priest."
No doubt there are individuals in the present day who entertain opinions similar to those expressed by Burns' "Jolly Beggars," but the fact remains that the history of civilization shows the enactment of just laws, their interpretation by an intelligent and unbiased judiciary, and their enforcement by a competent and courageous executive to be the bulwarks of human rights. Courts were not erected for cowards, but for the protection of life, liberty and property of all classes of citizens alike. It has been said that "the measure of a people's civilization can always be determined by the condition of its judiciary." Much has been said and written of the venality of courts and the trickery of lawyers, and unfortunately some of the charges have been true. But should all the courts and all the attorneys of a country be condemned because there have been a few cases of corrupt judges, or an occasional shyster or pettifogger in the legal fraternity ? Who would think of denouncing the entire medical profession because of its quacks and empirics, or the
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public press of the nation because of a few instances of so-called "yellow" journalism ? Among the members of the bench and bar are found many of the most distinguished and patriotic men in the country's history. In the galaxy of great Americans what names shine with greater efful- gence than those of Patrick Henry, John Marshall, Thomas Jefferson, James Monroe, Daniel Webster, Henry Clay, Abraham Lincoln and Salmon P. Chase ?
In the very dawn of human progress the idea that there must be some rule for the protection of individual rights and some tribunal for the enforcement of that rule found a lodgment in the minds of the people. From that humble beginning can be traced, step by step, the development of civil government, the expansion of the courts and the greater reign of law. The old Hindoo laws of the Punjab, the Mosaic law, the Julian code of ancient Rome, each a slight advance over its predecessor in granting greater liberties to the people, paved the way for the Magna Charta of Great Britain and the American Republic.
The transactions of the courts in any community make an important chapter in its history. Owing to the destruction of the early records of Miami county, the history of the first courts is much obscured. There is, in fact, a difference of statement as to when the first session of the circuit court was held, some authorities placing it in August and others in September, 1834. When the county was organized in January of that year it was attached to the Eighth judicial district, which was com- posed of the counties of Cass, Miami, Wabash, Huntington, Allen, Lagrange, Elkhart, St. Joseph and Laporte. At that time the circuit court consisted of a president judge, elected by the legislature, and two associate judges in each county, elected by the people of that county. Gustavus Everts, of Laporte county, was the president judge of the first circuit court ever held in Miami county and the associate judges were Stephen S. Shanks and Jacob Wilkinson.
Judge Everts was a man of fine address and a lawyer of consider- able tact, although not profoundly learned in the law. Judge Biddle, who knew him well, says he was "extremely astute in the management of witnesses," and that "In cases that moved emotion, or touched passion, or appealed to the feelings which stir our common nature, he was very powerful-far more successful than when he attempted to convince the understanding."
The first session of the circuit court was held in Miamisport. Sam- uel C. Sample was the prosecuting attorney; Benjamin H. Scott, clerk; Jacob Linzee, sheriff, and James Petty, court bailiff. There is a difference of opinion as to both the time and place of holding the second session of the court. Graham says it was convened in March,
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1835, at Tarkington's tavern, at the northeast corner of Main and Miami streets, and Stephens (p. 157) says it was held in February, 1835, "at the home of Dr. James T. Liston, who kept a tavern on Sec- ond street, just back of where the National hotel now stands." At any rate it was held in the town of Peru, instead of Miamisport, by the same judge and court officers as the first session.
In September, 1835, the third term of the circuit court was held at the tavern of Hugh A. B. Peoples-a two-story log house on East Second street. Concerning this session Graham says: "The room in which the term of court last named was held was not over eighteen feet square. The judge, prosecutor, clerk and attorneys sat around a table near the north wall, and 'parties litigant and spectators stood wherever they found convenient places in the room and about the door outside. The indictments were generally for small infractions of the law, such as betting on shooting matches, selling whisky without license, and indulging in the innocent amusement of euchre or old sledge at twenty- five cents a corner."
Judge Everts was succeeded by Samuel C. Sample, who had previ ously held the office of prosecuting attorney. Judge Sample has been described as a man of no extraordinary ability, but a plain, practical man guided as much by the dictates of common sense as by the tech- nicalities of the law. "At the bar and as president judge of the circuit courts, he stood high among the most efficient and able practition- ers, and was one of the purest judges that has graced the bench." He held but one term of court in Miami county, and that was in the fall of 1836. After that he represented the district in congress, where he acquired a reputation for being an active, conscientious worker in behalf of his constituents.
By the act of February 4, 1836, the counties of Porter, Marshall, Fulton, Kosciusko, Adams and Noble were added to the Eighth judicial district. As thus increased, the district included the whole north- eastern part of the state and was an unusually large judicial circuit, even for that day. After Judge Sample retired from the bench he was succeeded by Charles W. Ewing, who served as judge until the sum- mer of 1839. Judge Ewing was a brilliant orator, a lawyer of superior ability and one who stood high in the profession wherever he was known. James E. Fulwiler used to say that he was one of the most polished gentlemen of his day. He never had studied grammar, yet his lan- guage was pure and his diction almost perfect-a qualification that came to him through his custom of reading only the best authors. The last session of the Miami circuit court held by Judge Ewing was in the month of March, 1839. Soon after that he became dissipated in his
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habits and died by his own hand on January 9, 1843, while still in the meridian of life.
Henry Chase, of Logansport, was appointed judge of the Eighth district by Governor Wallace on August 20, 1839, to fill the vacancy caused by the resignation of Judge Ewing. He has been described as "a close and ready pleader, seldom or never asking for time to pre- pare his papers ; had a clear, logical mind and great force of character. As a judge he was dignified, self-reliant and unequivocal, mak- ing no mistakes in the enunciation of his decisions; his style brief yet exhaustive." He served on the bench but a few months, as the legis- lature which convened in December, 1839, elected John W. Wright president judge of the Eighth circuit and also added Carroll county to the district.
Judge Wright served the full term of seven years. While he was on the bench the Miami county court-house was built, but it had hardly been completed and accepted by the county commissioners when it was destroyed by fire on March 16, 1843. To relieve the citizens of the county from the inconvenience resulting from the destruction of the records, the legislature of 1843-44 passed the following act :
"An Act For the Benefit of Persons Who Are Likely to Suffer by the Destruction of the Records of Miami County by Fire.
"Whereas, On the .... day of ., 1843, the court-house in the County of Miami was burned and all the records of the probate and circuit courts and the recorder's office were destroyed; and
"Whereas, Many persons are affected by the destruction aforesaid :
"Section 1. Be it Enacted by the General Assembly of the State of Indiana, That for perpetuating the testimony of, or relating to any judgments, orders, decrees, or other proceedings of the probate or circuit courts of the County of Miami, had previous to the destruc- tion of the records thereof, and for the purpose of perpetuating testi- mony concerning, of, or relating to, any patents, deeds, mortgages, bills of sale, wills, inventories, powers of attorney, or other instru- ments of writing of record in the books of the recorder of said county and destroyed as aforesaid, M. W. Seely, of said county, is hereby appointed a commissioner to receive evidence of and concerning any such judgments, orders, decrees, or other proceedings of said probate and circuit courts, and in relation to any patent, deed, will, bill of sale, mortgage, power of attorney, inventory, or other instrument in writ- ing by any person who may wish to have such testimony perpetuated."
It appears that Mr. Seely was only partially successful in restoring the records, especially the transactions of the courts previous to the
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fire. The authentic history of the Miami circuit court therefore begins with the September term in 1843. It was held in the Presbyterian church, beginning on Monday, September 11, 1843, with John W. Wright as president judge; Albert Cole and George S. Fenimore, asso- ciate judges. Benjamin H. Scott was clerk; John A. Graham, sheriff; and Spier S. Tipton, prosecuting attorney. Stephens' History of Miami County (p. 160) says :
"The juries for this term of court were drawn on June 7, 1843. The grand jury was composed of the following named persons: Jacob Flora, Benjamin. I. Cady, Enos Baldwin, William Jones, Thomas Black, James S. Sayers, Eli Cook, Jonathan Bishop, Willis Bunch, Nathan Raines, Matthew Murden, Reuben C. Harris, Samuel Drake, Stephen Bradley, Samuel Fisher, Josephus Austin, Edward H. Bruce, William Donaldson.
"The petit jury was as follows: Samuel Guyer, Eli Flora, Wash- ington Abbott, Henry Bish, James Furs, James Beard, Robert James, Charles Cole, William Bish, R. F. Donaldson, George Wilson, Chand- ler C. Moore, Benjamin Griffith, Isaac Deeter, Samuel Adamson, Wil- liam Bane, Jacob Peer, Robert Parks, Elias Bills, Warren A. Sabring, Joseph Cox, Benjamin Graft, Nathaniel Leonard and John Conner."
It will be noticed that in the above lists are given the names of eighteen persons as grand jurors and twenty-four as petit jurors. As a jury could consist of only twelve men, the lists include the names of those selected for jury service and from those mentioned twelve were drawn for actual duty as the regular panels of the grand and petit juries.
The most important case to come before this session of the court was that of the Peru Bridge Company vs. Richard L. Britton, et al. It was the outgrowth of a movement across the Wabash river at the foot of Broadway and came before the court in the form of a petition for assessment of damages. The petition was presented by the heirs of Francis Godfroy through their attorney, and asked "That a jury of twelve fit persons meet on the fourth Monday in October, 1843, to view the lands proposed for the abutments, toll house and causeways, and to locate and circumscribe by metes and bounds the quantity of grounds necessary for the said abutments, toll house and causeways, having due regards therein to the interests of both parties and to appraise the same according to its true value, to examine the lands above and below, the property of others, which may probably over- flow, and say what damage it will be to the several proprietors, and
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whether the mansion house of such proprietors, or the offices and gar- dens thereunto immediately belonging, will be overflowed, to inquire whether in what degree fish of passage and ordinary navigation will be obstructed, whether by any or what means such obstruction may be prevented, and whether in their opinion the health of the neighborhood will be annoyed by the stagnation of the waters."
A jury, or commission, was accordingly appointed by the court to view the site of the proposed bridge and the adjoining property and report at the next term of court. The report of the jury was presented to the court at the March term in 1844 and set forth: "That it will be of no damage to the mansion houses of none of the several proprie- tors along the river, nor the offices or gardens thereunto immediately belonging, will be overflowed by the 'erection of said bridge, nor the abutments, toll house nor causeways thereof; and it appearing further to the satisfaction of the jury that ordinary navigation or fish of pass- age will not thereby be obstructed, and that the health of the neigh- borhood will not be annoyed by the stagnation of water occasioned by the construction of said bridge, abutments, toll house and causeways," etc.
Upon the presentation of this report the court ordered that the bridge be constructed. After a lapse of seventy years, during which time every stream in Indiana has been bridged at the crossing of the principle highways, it is interesting to note the opposition to the con- struction of the first bridge across the Wabash river at Peru. John Bush, who is credited with having been the first resident lawyer of Miami county, was one of the leaders of that opposition. Bush had paid the county commissioners a license fee for the privilege of operat- ing a ferry across the Wabash, and claimed that his license gave him a vested right, which would be seriously interfered with by the building of the bridge. Of course, he was actuated by a selfish motive, but this did not prevent him from instituting proceedings to prevent the erec- tion of the bridge. In this action he was sustained by the proprietors of the town, strange as it may seem, and after the circuit court decided in favor of the bridge Bush appealed to the supreme court of Indiana, which sustained the decision of the lower court. The litigation over this bridge was one of the most protracted cases in the early annals of the circuit court.
At this term. (March, 1844,) John A. Graham, William World, Jere- miah Shaffer, Daniel Gloucester and Jacob Stroup were arraigned for disobeying the orders of the court and each was fined one dollar for con- tempt. Several state cases were disposed of, among them two for betting, two for perjury, one for violation of the estray law, a few for
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trespass, and a slander case was also heard and decided. Isaac and Moses Falk, from Germany, and James Maloney, a subject of Great Britain, declared their intention to became citizens of the United States and were given their naturalization papers, the first issued in Miami county
In March, 1847, Horace P. Biddle succeeded Judge Wright upon the bench. Judge Biddle was of a literary turn of mind and was the author of a number of books, including a collection of poems. He is described by General John Coburn, in his History of the Indiana Supreme Court, as "a small, wiry, active, pale-faced, nervous man, with dark eyes and lofty forehead, scholarly appearance and retir- ing habits, but a most genial companion to his friends. A keen and active practitioner, putting his points with great clearness and force ; he was a formidable advocate and became a famous lawyer, a circuit and supreme judge. His poems, like his briefs and opinions, are marked with the taste, point and precision of the student. He could speak with great force on the stump, before a jury or to the court."
Judge Biddle served until 1852, when he resigned and the same year was elected a senatorial delegate to the state constitutional conven- tion, of which he was one of the most active and distinguished mem- bers. Upon his resignation Robert H. Milroy, of Carroll county, was appointed to fill the vacancy. Judge Milroy was "a lawyer of consid- erable ability, wide experience and high integrity and carried these qualities with him in the discharge of the duties pertaining to his more responsible position, leaving no stain upon the judicial ermine." He is better known in history, however, as a soldier. In early life he attended a military school at Norwich, Vermont, and at the beginning of the Mexican war raised a company, of which he was made captain, and served until the end of the conflict. At the outbreak of the Civil war in 1861, he organized several companies for the three months' service and entered the army as colonel of the Ninth Indiana Infantry. His skill as a military man led to his promotion to brigadier, and fin- ally to major-general. While on the bench he held but one term of court in Miami county, John U. Pettit, of Wabash county, having been elected the first judge of the circuit under the new constitution.
Judge Pettit had previously served in the Indiana legislature and as United States consul at Rio Janeiro, Brazil. He was a man of fine accomplishments, master of the English language, well informed on a multitude of subjects and a lawyer of more than ordinary ability and resources. He remained on the bench but a short time, resigning to enter congress in the fall of 1853. He served four consecutive terms in congress, having been three times elected as a Democrat and once as
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a Republican. Early in the Civil war he was commissioned colonel, but soon retired from the army on account of his health.
The first term of the circuit court in Miami county under the pres- ent state constitution was convened on March 14, 1853, with Judge Pettit on the bench; John Connell, prosecuting attorney; James B. Fulwiler, clerk, and Jonas Hoover, sheriff. Very little business of importance came before the court at this session, but at the September term following the seal of the circuit court of Miami county was adopted, the order for which was as follows :
"I, John Upfold Pettit, Judge of the Miami Circuit Court, within and for said county and state, do hereby devise and adopt the follow- ing as the seal of said court, to wit: To be of metal, circular in its disk upon the face, of the exact dimensions of the impression thereof at the lower left hand corner of this page and so engraved upon its face as to make the following impression in relief, viz .: A dotted circle around and at its margin, just within, the words 'Circuit Court Miami County Indiana,' the word Indiana separated from the other words at both ends by four leaved roses, said words in Roman capital letter and in direction parallel with the exterior and interior dotted circles. Just within said words a second dotted circle in the same direction and in the open space within said circle a right hand holding a pen in the position of writing, the fingers directed to the left, a true impression of which said seal, I certify the foregoing impression to be and leaving so devised the same, I hereby declare the above and foregoing to be a true description thereof and to be henceforth the seal of the Miami Circuit Court.
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