USA > Indiana > Miami County > History of Miami County, Indiana : from the earliest time to the present, with biographical sketches, notes, etc., together with an extended history of the Northwest, the Indiana Territory, and the state of Indiana > Part 29
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66
5,000 00
Erie
66
5,000 00
Butler 66
10,000 00
Washington 66
16,000 00
Pipe Creek
2,000 00
Deer Creek
14,000 00
Clay
66
4,000 00
Harrison
4,000 00
Jackson
66
4,000 00
Allen
4,000 00
Peru City
1,100 00
Total
$ 281,650 00
These amounts were paid to stimulate enlisting and avoid the drafts under the calls of July 18th and December 19th, 1864. Under the former call the Board, at a special session held October IO, offered the bounty of $300 for the necessary number of recruits to fill the County's quota. This quota had scarcely been filled until a call for 300,000 additional recruits was issued. The county had seemingly been taxed to its utmost, but with the zeal that had characterized the actions of the people of the county during the war, another effort was made. Petitions were circulated in the various townships in the county praying the Board of Commission- ers to offer an additional bounty of $500. This was granted at a meeting held January 24, 1865. Subjoined to this order is a pro- test of each County Commissioner, acting in the capacity of a pri- vate citizens, which states that they wish it to be known to poster- ity that it was their judgment that such action was impolitic and inexpedient, but granted the prayer of the petitioners because a majority of tax-payers of the county demanded said appropriation.
A few months of experience in the field showed how illy-pre- pared the Government was to provide the army with the necessary comforts for such a life. The inadequate supply of clothing, such as woolen underwear, mittens, shoes, etc., was complained of by the soldiers. For the purpose of providing these necessities, the State Sanitary Commission was organized. Auxiliary societies were organized in each County, and tributary to these societies were organizations in the towns and townships. The County Society in Miami, like most other counties of the State, was officered and
-
327
BOUNTY AND RELIEF.
-
managed by the patriotic women who, with the characteristic ten- derness of their sex, made a generous response to every call to alleviate the suffering of the soldiers in the field and hospitals. One of the first relief committees consisted of Mrs. Wm. Ream, Mrs. D. R. Bearss, Mrs. W. W. Constant, Mrs. E. M. Talbot. Mrs. A. H. Tracy was Treasurer, Mrs. S. S. Benhan, Secretary, and Mrs. W. F. Hauk, President. These are the names of but few of the many noble women of the county who were prominent in this movement. The Society was organized in October, 1861, and in March, 1864, the following report was made at the State Sani- tary convention, held at Indianapolis, which speaks for the generos- ity of the noble-hearted and patriotic women of Miami County.
Shipped November, 1861, stores valued at
225 00
January,
1862,
66
1,600 00
6
April,
66
66
6
400 00
66
August,
March,
1863,
66
66
1,000 00
August,
6
66 66
60
62 00
November.
6
66
116 00
December,
January,
1864, "
66
65 00
40 00
100 00
Cash in treasury.
165 00
Total
$5,323 00
The above is only a partial report of the supplies furnished.
Greater care than that of providing the soldiers in the field with what the Government had failed to supply was the relief of the destitute families of the soldiers. Many poor men volun- teered to defend their country, whose families were dependent upon their daily earning for support, while others left the farm at seed time, and winter came and found them without the nec- essary subsistence. Few counties more readily and liberally con- tributed to the relief of the families of their soldiers than did Miami, as may be seen from the following statement:
Relief furnished by County. $29,890.86 Relief furnished by all the Townships 15,000.00
Miscellaneous 4,800.00
Total.
$49,690.86
66
90 00
February,
March,
66
50 00
150 00
66
May,
400 00
66
66
357 00
June,
353 00
October,
151 00
February,
66
To soldiers' families
Total number of beneficiaries. 2,303
The above amount, added to the whole amount paid by the county for bounty, shows a total amount paid by the county for bounty and relief, $331,340.86. This amount does not include
328
HISTORY OF MIAMI COUNTY.
the various sums contributed by private individuals nor the Sol- diers' Aid Society.
CHAPTER V.
BENCH AND BAR-EARLY COURTS-FIRST JUDGES-DESTRUC- TION OF RECORDS- EARLY CASES-EARLY ATTORNEYS- COURTS UNDER THE NEW CONSTITUTION-OFFICIAL SEAL -IMPORTANT CRIMINAL TRIALS-LATER JUDGES-ROLL OF ATTORNEYS, ETC.
T HE measure of a people's civilization can always be determ- ined. by the condition of its judiciary. Tyrants have but little use for courts, and in proportion to the decrease of their power the reign of incorrupt judges is asserted. Throughout the entire range of governments, from the most tyranical to the most leni- ent and indulgent, can be traced the progress and expansion of courts of justice. Americans being the freest of people have a right to expect most of their courts, and, as a rule, their ex- pectations are not in vain. Nearly all our laws are subject to review by our judicial tribunals, and our every interest is in- trusted to their care. The prompt and speedy administration of justice is the safe-guard of our liberties and the promoter of our National morality.
The transactions of courts in any community make an im- portant item in its history. In Miami County the early proceed- ings at the bar of justice are unfortunately much obscured and mostly destroyed. There is scarcely a record of any kind that antedates the destruction of the court house by fire in March, 1843. Whatever is here given relating to a time prior to that is founded almost wholly upon the hearsay evidence, a kind of evidence that is rarely admitted as proofs in courts. There are but few persons now living who were residents of the County in 1834, the date of its organization, and of those there are not more than three or four who can bear testimony concerning the earliest courts.
It is said that the first term of the circuit court held in Miami County was in September, 1834, at Miamisport. The pre- siding judge was Gustavus Everts, of La Porte. As Indiana courts were then organized, there were two associate judges, whose duty it was to assist in conducting the business. As a matter of fact they did but little good towards furthering the
329
BENCH AND BAR.
ends of justice, as they nearly always gave their assent to whatever opinion the president judge announced. The cases where they dissented were very few and then of but little importance. About their only advantage was in expediting business by disposing of probate and other less important mat- ters. It is not now definitely known who the first associate judges were, but it is probable that George S. Fenimore and Jacob Wilkinson were; at least it is certain they were in 1836, and no elections occurred between the time when the court ยท first assembled and the above date. But they may have been first elected in 1836. If that is the case, their predecessors were appointed by the Governor and are not now known. Samuel C. Sample was prosecuting attorney, Benjamin H. Scott clerk, and Jacob Linzee, sheriff. Probably the usual routine of early courts prevailed, leaving little to be imagined beyond the primitiveness of the situation. Among the early attorneys are said to have been Charles Ewing, David H. Colerick and Henry Cooper, of Fort Wayne; Henry Chase, John W. and Williamson Wright and Benj. Hurst, of Logansport. All these became prominent among the attorneys of Northern Indiana except the last, and at least three, Ewing, Chase and John W. Wright, became circuit judges. Colerick was one of the most irresistable of advocates.
The second term was held in March, 1835, at Tarkington's Tavern, on the Northeast corner of Main and Miami streets, in Peru, and the third at the house of Hugh Peoples, also a log tavern that stood near the corner of Cass and Second streets. Of this, John A. Graham has written: "The room in which the term of the 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."
The judicial district over which Judge Everts then presided was the Eighth, and was composed of the counties of Cass, Miami, Wabash, Huntington, Allen, LaGrange, Elkhart, St. Joseph and La Porte. By act of February 4, 1836, the following were attached to and made a part of that circuit: Porter, Marshall, Fulton, Kosciusko, Noble and Adams. The District comprises the best portion of Indiana and was an exceptionally large one even for that day.
Judge Everts was an able and leading lawyer of this por-
330
HISTORY OF MIAMI COUNTY.
tion of the State, and Judge Biddle thus speaks of him: "He was a lawyer of great tact and fine address; extremely astute in the management of witnesses and facts; not remarkably studious nor deeply learned in the law. In cases that moved emotion, or touched passion, or appealed to the feelings which stir our com- mon nature, he was very powerful-far more successful than when he attempted to convince the understanding. His peculiar talent made him personally very popular. He was indeed a very prince of good fellows."
The immediate successor of Judge Everts was Samuel C. . Sample. He held but one term in his county, in the fall of 1836. Judge Sample was a man of no ordinary ability, but was plain and practical in all his acts. He represented his district in Con- gress, and was always at his post among the workingmen of that body. At the bar, and as presiding judge of the Circuit Courts, he stood high among the most efficient and able practi- titioners, and one of the purest judges that has graced the bench. His person was fine, his head and forehead large, and hair dark.
Charles W. Ewing came upon the bench as president judge of the Eighth Judicial Circuit, the immediate successor of Judge Sample. His associates were the same as those who sat with Judge Sample, with Thomas Johnson, prosecuting attorney. Judge Ewing was a lawyer of superior ability, and stood high in the profession, locally and generally. As a judge, he was ready in grasping facts pertinent to the issues involved, and sel- dom committed an error in disposing of questions submitted to him for consideration. He was deservedly popular, both as lawyer and judge, and his untimely taking off was a source of regret to all with whom he was acquainted. His term of service as judge of the Miami Circuit Court closed with the March term, 1839. He died by his own hand on the 9th of January, 1843, in the meridian of his life and usefulness.
Henry Chase, a resident of Logansport, became the fourth Circuit Judge in line of succession upon the Miami County bench. He was appointed August 20, 1829, by David Wallace, Gov- ernor, during the interim preceding the session of the Legisla- ture of 1839-40, to fill the vacancy caused by the resignation of Judge Ewing. Another has said of him: "He was a close and ready pleader, seldom or never asking for time to prepare his papers; had a clear, logical mind and great force of char- acter. As a judge he was dignified, self-reliant and unequivocal, making no mistakes in the enunciation of his decisions; his style brief yet exhaustive."
John W. Wright was elected president Judge of the Eighth Judicial Circuit by the Legislature of 1839-40, the circuit being
33I
BENCH AND BAR.
composed of the same counties as when Judge Chase was ap- pointed, excepting that Carroll County was added. He was a man of peculiar make-up; not a profound lawyer, but ready in arriving at conclusions and prompt in announcing them. During his term of service the amount of business that came up for his consideration was unusually large, and yet few appeals were taken from his decisions, which, though not always satisfactory, were generally concurred in by the parties litigant.
It was during Judge Wright's term that the court house was destroyed by fire, as before stated, and with it all the court records up to that time were destroyed. To alleviate in some measure the trouble that would naturally follow from the de- struction of important judgments of the court, the Legislature not long after passed a law to provide for their restoration. The title, preamble and first section of this act are here given.
AN ACT FOR THE BENEFIT OF PERSONS WHO ARE LIKELY TO SUFFER BY THE DES- TRUCTION 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 destroyed; and,
Whereas, Many persons are affected by the destruction of the records aforesaid. SECTION 1. Be it Enacted by the General Assembly of the State of Indiana, That for the purpose of perpetuating 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 destruction of the records thereof, and for the purpose of perpetuating testimony concerning, of, or relating to, any patents, deeds, mort- gages, bills of sale, wills, inventories, powers of attorney, or other instruments 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 writing by any person who may wish to have such testimony perpetuated.
The commissioner, M. W. Seely, appointed by this act, was at that time a resident attorney of Peru. There was but little work done by this commissioner, and the restored records are very brief concerning the prior transactions of the courts. One thing that is of some interest recorded in this volume is the will of Francis Godfroy, the last chief of the Miami tribe of Indians. The manner in which he disposes of his large property shows that he was a, man of no ordinary ability. His several wives are provided for with seeming impartiality.
The absence of the early records is a matter of regret as it prevents the narration of many important occurrences that took place in the early days of the county's history, while peo- ple were seeking justice. From the early commissioner's record which was not destroyed by the fire, the following names of the Grand and Petit Jurors have been ascertained. Grand Jur- ors : Zephamiah Wade, Geo. W. Holman, George Linzee, Abner
332
HISTORY OF MIAMI COUNTY.
Overman, Wm. Coats, John Hoover, Joseph Clymer, Aaron Rhen- berger, Ira Evans, John Plaster, John M. Jackson, Wm. H. Hood. Petit Jurors: George Townsend, John Wiseman, James T. Liston, Wm. M. Reyburn, Robt. Wade, Richard Ransford, Isaac Marquiss, Isaac Stewart, John Ray, Wm. Wilkinson, John Smith, Joseph C. Taylor, Wm. Cannon, Stewart Forgy, Alexander Jamison, Joseph B. Campbell, Walter D. Nesbit, A. B. Rattiff, John Sanders, Na- thaniel McGuire, Jesse Wilkinson.
The first authentic records begin with the September term of the Miami Circuit Court, which began at the Court house in the town of Peru on the eleventh day of September, A. D., 1843, and adjourned therefrom to the Presbyterian Church in the same town, the Court house having been destroyed by fire since the last term. Present-the Hon. John W. Wright, President Judge of the Eighth judicial Circuit of the State of Indiana, and his associates, George S. Fenimore and Albert Cole, Esquires, for the County of Miami, and Benj. H. Scott, Clerk, and John A. Graham, Sheriff, of said Court and County.
The Sheriff returned into court the following list of Grand Jurors: Willys Remch, Stephen Bradley, Josephus Austin, Benja- min Austin, Benjamin Cady, Thomas Black, Eli Cook, Enos Bald- win, James B. Sayers, Jonathan Bishop, Matthew Murden, Samuel Fisher and Jacob Flora, for the regular panel, and these men for the petit jurors: Samuel Gayer, Eli Flora and Washington Ab- bott, a total of fifteen, that being the number then required on the Grand Jury by the State laws. The same number is now in de- mand by the United States for a Grand Jury.
Spier S. Tipton was at that time prosecuting attorney and because of the destruction by fire of all indictments pending in the court at that time, he entered a nolle prosegui to them all.
Among the causes on the docket at this time were two for divorce, between Hannah and Joseph Read, John and Luthania Cressman; one for a writ of ad quod damnum by the Peru Bridge Co., against the heirs of Wm. N. Hood and of George Washington Godfroy; two for slander by Fletcher and wife against Thomas Gowdy, and Richard Gillaspel against Horace Mason. Besides these were a number for debt, assumpsit, tres- pass, promise and other important matters. The Grand Jury returned a number of indictments but the records do not dis- close what they were for except that one was for perjury.
The names of the attorneys that appeared at that term were Daniel D. Pratt, A. A. Cole, Horace P. Biddle, Nathan O. Ross, Wm. Z. Stewart, Spier S. Tipton, Ebenezar P. Love- land, M. W. Seely.
At the March term following there were some State cases on record for betting, two for perjury, one for violation of the
335
BENCH AND BAR.
estray law, and in addition to these were five for contempt of court against John A. Graham, Wm. World, Jacob Stroup, Jere- miah Shaffer and Daniel Chrosuster.
In September, 1844, the suit of ad quod damnum by the Peru Bridge Company, was brought to a termination by the granting of a right to erect and maintain a bridge across the Wabash river on Broadway street. In the award of the court in this cause there is the following: "That it will be of no damage to the several proprietors, and that the mansion houses of none of the several proprietors (along the river) nor the officers, curtitage, 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 satis- faction of the court that ordinary navigation of fish or passage will not thereby be obstructed, and that the health of the neighbor- hood will not be annoyed by the stagnation of the water occa- sioned by the construction of said bridge, abutments, toll-houses and causeways * * it is therefore ordered, etc., etc."
At this term Z. W. Stewart was prosecuting attorney. It was at this term also that the first verdict, now on record, imposing the penalty of confinement in the State Prison was returned. It was against James M. Thompson who was convicted of grand larceny and sentenced to two years imprisonment and fined nineteen dollars for the benefit of the Miami County Seminary. Nathan O. Ross was allowed five dollars for defending him. This is the first case shown by the records, but there may have been others of this kind prior to the burning of the records in 1843.
At the February term, 1845, W. M. Cadien was fined five dol- lars for violation of the election laws. It seems that the people were as eager to exercise the right of suffrage then as now.
Phillip Hester was found guilty of grand larceny and sen- tenced to four years in the penitentiary. David Kistler was sent for one year on a charge of petit larceny. The Grand Jury re- port that the jail is sufficient for the safe-keeping of the prisoners. Josiah Watterson was given five years because he was guilty of forgery. Hester and Watterson were defended by D. D. Pratt, and Kistler by E. P. Loveland, A. A. Cole and N. O. Ross.
In August, 1845, Noah Allebaugh presented his commission as sheriff of Miami County and he proceeded to perform the duties of the office.
In February, 1846, David M. Dunn presented a commission as prosecuting attorney of the Eighth Judicial Circuit of Indiana. At this time all causes that required publication were published in the Democratic Pharos, of Logansport, that being the nearest newspaper.
In 1847, at the March term, Hon. Horace P. Biddle came 6
336
HISTORY OF MIAMI COUNTY.
to the bench in Miami County as president judge. His com- mission was signed by James Whitcomb as Governor. For that term W.m. S. Palmer was sworn as prosecuting attorney. During this term Samuel Smith was tried on an indictment for murder, but the jury failed to agree.
At the March term, 1848, Nathaniel McGuire assumed the duties of prosecuting attorney and at the same time Coleman Hen- ton was sheriff, and during the term James B. Fulwiler succeeded Benjamin H. Scott as clerk. In September, 1848, Albert Cole, who had been so long one of the associate judges upon the circuit bench, retired, and his place was occupied by Daniel Potter.
William Potter became prosecuting attorney at the Septem- ber term, 1849. At this term Mary Ann Reese and Jesse Washburn were prosecuted for murder, and a jury said they were not guilty. Both of these cases were brought to this County on a change of venue from Fulton county.'
In September, 1850, Caleb Fonce was found guilty of mur- der in the second degree. The gist of all the record that remains of it is contained in the following verdict of the jury: " We, the jury, find the said defendant guilty of voluntarily killing said Godfroy, as charged in said indictment, upon a sud- den heat, without malice expressed or implied, and with delib- eration and premediation, and say and find that the said defend- ant is guilty of manslaughter, and that he be imprisoned in the State Prison, to be there kept at hard labor for the term of two years."
Upon the convening of court at the March term, 1851, it adjourned from the Presbyterian Church to the Methodist Church. At the September term of that year John B. Clemens was acquitted on a charge of murder. This cause was on a change of venue from the Fulton circuit court. At that term, also, the court audited the accounts of this County ,against Fulton County arising on the trials of Mary Ann Rees and Jesse Washburn, who were also tried here on a change of venue. These two, with the Clemens case, amounted to $766, which amount Fulton County was called upon to pay.
Judge Biddle was succeeded upon the Circuit bench at the September term, 1852, by Hon. Robert H. Milroy. John M. Wilson was at the same time special Prosecuting Attorney. Judge Milroy was destined to sit upon the Miami Circuit bench but a short time. It was during this year that Indiana adopted the new constitution, and thereby changed very much the man- ner of holding courts and the methods of practice. Before proceed- ing further with an account of the court proceedings, it will be well to take a retrospective view of the judges and attorneys who
337
BENCH AND BAR.
figured largely in the Miami Circuit Court up to this time. The Judges up to March, 1847, have already been noticed. At that time Judge Wright was succeeded by Horace P. Biddle. In Judge Biddle Miami County had one of the most distinguished jurists. In 1852, he was elected senatorial delegate to attend the convention which met at the capital that year for the purpose of forming a new Constitution for the State Government. As a member of that convention he distinguished himself in the advo- cacy of provisions which experience has shown were wholesome and judicious, imparting additional dignity to the political and ju- dicial economy of the State. Resuming the practice of law dur- ing the interval after the conclusion of his convention service, he continued his professional labors until the fall of 1860, when he was re-elected president judge of this circuit, designated at that time as the Eleventh. His commission was dated October 26, 1860, and extended over a period of six years from the day pre- ceding. The circuit was then composed of the counties of Car- roll, Cass, Miami, Wabash, Huntington and Grant. Judge Biddle was re-elected in 1866 for another term of six years, as judge of the Eleventh Circuit, composed of the same counties, and left the circuit bench at the close of the spring session in 1872. Two years later, however, he was elected one of the judges of the Su- preme Court of the State, and served a full term of six years as such, leaving that high position full of judicial honors. Aside from his experience in the field of law as practitioner and judge, he has not been unknown to fame in the field of literature, hav- ing produced many valuable works in the department of science and general knowledge. He was then and is now a resident of Logansport.
Robert H. Milroy was appointed the successor of Judge Biddle at the time of his resignation in 1852. Judge Milroy, prior to his accession to the bench, was a lawyer of consider- able ability, of wide experience and high integrity, and carried these qualities with him in the discharge of the duties pertain- ing to his more responsible position, leaving no stain upon the judicial ermine. His early life was spent chiefly in Carroll County, Ind., but having an inherent desire for distinction in the science of arms, he entered the military school at Norwich, Vt., where he became proficient in the theoretical details of military life. Upon the announcement of a declaration of war against Mexico, and a call for volunteers by Gov. Whitcomb, without delay he enlisted a company for that service, of which he was made captain, and tendered his and their services for the strife already inaugurated. Again, at the outbreak of the rebellion, he enlisted one or more companies for three months' service and was commissioned colonel of the regiment known as
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