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 30
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the "Bloody Ninth." He was subsequently promoted to a major-generalship and served with distinction during the war. He now resides in one of the territories of the great West.
Early Attorneys .- The records for the ten years before the adoption of the new constitution showed that about thirty attor- neys were admitted to practice at the Miami circuit court. At the September term, 1843, there were these eight practicing in court: D. D. Pratt, A. A. Cole, Horace P. Biddle, Nathan O. Ross, W. Z. Stewart, Spier S. Tipton, Ebenezer P. Loveland and M. W. Seeley. Of this number D. D. Pratt is too well known to need an extended notice here. Suffice it to say that he was then a resident of Logansport and continued such until his death. Having completed the study of law with Calvin Fletcher, of Indianapolis, early in the year 1836, he went to Logansport, was admitted to the bar there on the 9th of Aug- ust of that year and immediately entered upon a very successful and lucrative practice. He was studious, careful and judicious. in the preparation of his legal papers, painstaking and thorough. in their presentation to the court, and frequently secured ver- dicts at the hands of a jury by skillful and elaborate arguments, which were presented with great magnetic force. Eminently popular in the practice of his profession he was equally so as a man and a citizen, representing the people of his county one term in the State Legislature and the State of Indiana in the Senate of the United States. In both these positions his char- acteristic energy and industry were everywhere manifest. He died on the 17th of June, 1877, at the age of sixty-four years.
Hon. William Z. Stuart settled in Logansport at nearly the same time with Mr. Pratt, having partly completed his studies elsewhere. He was admitted to practice on the 20th of Febru- ary, 1837. From 1843 he served one term as prosecuting attorney in this circuit, and discharged the duties pertaining to. that office with signal ability. During the period of his practice, which took a very wide range, he was ranked among the most. thorough and logical lawyers in the State. At the time of his death, and several years anterior thereto, he was principal attor- ney for the Wabash Railway Company. From 1853 to 1857 he served one term as judge of the Supreme Court of the State of. Indiana with distinguished credit to himself and the profession he honored.
Alphonso A. Cole was for several years the leader of the Peru Bar. He was a man well educated and of irreproachable: character. As a pleader he was unexcelled by any attorney that has lived in Miami County, and his papers were models of their kind. Although he did not excel as an advocate, he yet pos- sessed considerable ability in that direction. His speeches were
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generally delivered in a plain and unostentatious manner, and were couched in model sentences. At times, however, he would mount to a convincing and unexpected degree of eloquence that nearly always carried his hearers with him. He was a man of much natural ability in addition to educational advantages. In the old time equity proceedings, his name appears as solicitor more than any of his contemporaries.
Ebenezer P. Loveland had been practicing at the Miami County Bar since 1840. For a period of about fifteen years he continued in the active practice and from the frequency of his name in the records, it is presumed that he was one of the leading attorneys of that period. He later engaged in railroad speculation and other matters that required nearly all his atten- tion and compelled him to relinquish, to a large extent, the law. Later in life he returned to a some what more active practice. His death early in 1871 was caused by an accident at the burning of the Howe Machine Works. The resolutions of the Bar upon his death were as follows:
"Ebenezer P. Loveland, Esq., an esteemed citizen of our County and one of the oldest member of the Bar, suffered a horri- ble death by being crushed beneath the ruins of the Howe Sew- ing Machine factory, which was destroyed by fire on the 10th of February, 1871. At a meeting of the Bar of Peru, convened to take such action on the melancholy occasion as should be deemed fitting, the following resolutions were adopted :
Resolved, That the sudden and fearful death of E. P. Loveland, Esq., has cast a gloom over the entire community and wrapped his professional brethren in pro- found sorrow.
Resolved, That by this dreaded visitation our County has lost a worthy citizen, and the Bar a member who had the ability to have achieved its highest honors.
Resolved, That we tender to the family of our deceased brother our earnest sympathy in their deep affliction.
Resolved, That the secretary of this meeting present a copy of these resolu- tions to the bereaved family; also that he furnish copies to the press of the city for publication.
Resolved, That N. O. Ross be appointed to present these resolutions at the next term of the Common Pleas Court and Col. John M. Wilson at the next term of the Circuit Court, with the request of this meeting that they be spread upon the records of said courts as a tribute to the memory of the deceased.
N. O. Ross, JOHN M. WILSON, E. T. DICKEY, H. J. SHIRK, J. L. FARRAR,
Committee.
Nathan O. Ross was one of the earliest resident attorneys of Miami County, and from that time to this he has been one of the leading members at the bar. Throughout all he has maintained his standing as an able and successful advocate. He has had for his opponents the ablest men of the early bar in this portion of the . State. In later years he has been the attorney for the C. St. L. & P.
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Railway, and now spends a large portion of his time at Logansport in the practice. He has been a diligent student and has acquired a knowledge of statute laws and the court decisions that is probably unequaled by any attorney in this portion of the State. This has made him one of the safest of counsellors. He takes high rank as a lawyer, based entirely upon his knowledge of the law and not as a brilliant and showy orator.
Courts Under the New Constitution .- The courts of Indiana received a radical change under the new constitution. They were organized throughout the State in the early part of 1853. Hither- to the old common law methods had been in vogue, but under the new order of things the practice was much simplified and many of the long and tedious forms were done away with. The change brought about much opposition from some of the older members of the bar throughout the State. They had studied the common laws for years, until they had become imbued with its principles. To them it embodied the genuine wisdom of the ages that concerned law and liberty. They admired it for its grandeur and its equality. It had been so long the recognized channel through which justice had been sought that "the memory of man runneth not to the con- trary," and they were reluctant to give up any of its well known avenues. Indeed, to many of these older practitioners the common law practice had grown to be of such paramount importance, and had assumed, to them, such beauty and symmetry that they held it in awe and reverence. It was therefore little short of sacrilege to attempt the pruning of this system even in its smallest branches. To such an extent was this opposition carried that many never be- came reconciled to the change, while some even went so far as to abandon the practice altogether.
One distinctive feature of the change was the abolishment of the office of associated judge. This was an office more for orna- ment than for utility. The circuit judge then held court in several counties, and in each he was assisted by two associate judges, who resided in the county. They were men that seldom, if ever, had any knowledge of the law and their decisions usually followed in harmony with the president judge. At this time, however, they folded away their ermine and took their final leave of the Indiana courts, leaving the task of supporting the scales of justice to a single judge.
John Doe vs. Richard Roe .- The present code practice in Indiana has been in operation since May 9, 1853. Under the old system many relics of feudal times were still lingering. Several fictions of the ancient common law were still retained, but under the new code the methods of pleading were much simplified and the fictions were all abolished. Thenceforth all actions were to be prosecuted and defended in the names of the real parties. It was
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at that time that the famous mythical personages John Doe and Richard Roe were forever banished from the courts of Indiana. These were fictitious plaintiffs and defendants that were used in all actions to recover the possession of real property. This common law action of ejectment originated about the beginning of the fourteenth century on account of " the thousand nicities with which real actions are harassed and entangled." The readiness with which John Doe always came forward to assert the alleged right of the man out of possession, and the equal promptness of Richard Roe to maintain that the man in possession was the lawful owner, were such as to command the devotion and sincere attachment of all true lovers of the old system. It was with deep regret that the old practitioners took leave of these knights errant of the common law.
The first term in this county after the adoption of the New Constitution began March 14, 1853, with Hon. John U. Pettit as Judge; John Connell was Prosecuting Attorney, James B. Fulwiler and Jonas Hoover, Sheriff. Perhaps no man in the State was bet- ter adapted to the trying duties of reorganizing the Circuit Court under the new methods of practice than Judge Pettit. He was a resident of Wabash County. His mind was a storehouse of infor- mation on almost every conceivable subject. A ripe scholar and a great reader, he was thoroughly acquainted with the history, poetry and the current literature of the country. In law no man in Indi- ana had a more comprehensive knowledge. While sitting as judge but few appeals were taken from his decisions, and the Supreme Court rarely reversed his judgments. Prior to this time he had been a member of the Indiana Legislature, and had been United States Consul in Brazil. Beginning in 1854 he served four terms as a member of Congress, the first three as a Democrat and the last as a Republican. In 1862 he was commissioned colonel of the Seventy-fifth Regiment of the Indiana Volunteers, but was com- pelled to resign on account of feeble health.
Adoption of Seal .- The first regular adoption of a seal that appears in the Circuit Court records was at the September term, 1853. The order reads 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 following as the seal of the said court, to-wit: To be of metal circular, in its disk upon the face, of the exact dimen- sions 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
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HISTORY OF MIAMI COUNTY.
same, I hereby declare the above and foregoing to be a true discription thereof and to be henceforth the seal of the Miami Circuit Court.
"Done in open session of this said court at Peru, in said county, this 13th day of "September A. D. 1853. JOHN UPFOLD PETTIT."
Accession of fudge Wallace .- At the September term, 1854, Hon. John Brownlee came to the Circuit Bench in this county in the place of Judge Pettit, who had been elected to Congress. Judge Brownlee was then and is now a resident of Grant county. He was commissioned by Joseph A. Wright as Governor. This was his only term in Miami County, and at the March term, 1855, he was succeeded by Hon. John M. Wallace. He too was a resident of Grant County at the Bar of which he was at that time foremost. Judge Wallace was a brilliant man, aad was a fluent speaker. As an advocate he was surpassed by but few, and his knowledge of the law enabled him to become an able and efficient judge. At this same term Hiram Moore assumed the duties of County Sheriff. Isaiah M. Harlan, who had been Prosecuting Attorney one year, still continued in that office.
In September, 1855, James B. Fulwiler was succeeded in the office of Clerk by Alexander Blake, and John Wertz became Sheriff.
It may be worthy of mention that the sessions of court were still held in the Methodist Church. Since the fire in 1843 there had never been a suitable room prepared by the county for that purpose.
Orris Blake became Prosecuting Attorney in 1856, R. P. De- Hart, October, 1859, W. S. Benham, October, 1860, and M. H. ยท Kidd, September, 1861.
An order that was of some importance to Attorneys was placed on record at the March term, 1856. It was as follows:
Inasmuch as the practice of attorneys testifying in behalf of clients is in many cases of questionable propriety, calculated frequent to give occasion for unfriendly insinuations and grave charges of a criminal character, and generally to prejudice that good understanding which should every where prevail among the members of the legal profession, it is ordered that in the courts of the Eleventh Judicial Circuit the practice of attorneys testifying in behalf of their clients, at their own instance, or at the instance of co-counsel, will be re- garded with great disfavor, unless when it is absolutely necessary to prevent great in- jury to parties, and when the facts can be established by no other creditable witness.
The October term, 1860, was the last of Judge Wallace, and most of that was held by John Brownlee, under appointment. In April, 1861, Horace P. Biddle, after several years absence from the Miami Circuit Court, returned to the duties of Circuit Judge. Judge Biddle has already been extensively noticed in this chapter.
Important Criminal Cases .- Among the criminal trials of the county the following are specially mentioned. In September, 1853, Nathaniel Myers was tried on a charge of forgery, was convicted and sentenced to two years in the penitentiary and fined $100. At the same term James Williams was given two years and fined forty
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dollars for grand larceny. In March, 1854, George Chesrown re- ceived two years and $100 for forgery. A large number of cases came on about this time in which the Logansport and Northern In- diana Railroad Co. was a party. They were mostly trials resulting over the right of way and for stock subscription. These were nearly the first railroad cases in the county. Nathan Kimble was acquitted of murder in September, 1854.
One of the most important criminal trials in the early days was the case of the State of Indiana vs. Abner Dillon, for murder. This was tried at the March term, 1857. John M. Wilson assisted in the prosecution with much vigor. Dillon was charged with hav- ing killed his wife, by beating her with a shovel. The evidence showed him to have been guilty of a long course of cruelty to her. The jury found him guilty and fixed his punishment at imprison- ment for life. On an appeal to the Supreme Court the proceedings of the court below were fully sustained and the jury said to have been lenient with the prisoner.
In April, 1858, Wade Blackburn was given one year for lar- ceny, and on the same charge James W. Fitzgerald received two years in Oct., 1860. Chas. Warrenburg also was sentenced to two years about the same time for receiving stolen goods. In April, 1868, Charles Ager was sentenced to twenty-one years imprison- ment for murder.
Later fudges .- The October term, 1872, was the last of Judge Biddle upon the Miami Circuit Bench. He was succeeded by John U. Pettit in March following who remained a full term of six years.
In October, 1879, Lyman Walker assumed the duties of Cir- cuit Judge, and was the first and only resident of Miami County who had been elevated to that excellent position. It is probable, too, that none have ever discharged the duties of that office with more credit to themselves or satisfaction to the public than did Judge Walker. His abilities as a jurist are of a high order, and his education is liberal. Another has said of him: " He is a sup- erior man in every respect." His decisions upon the bench stood the test of the Supreme Court far better than the average of Cir- cuit Judges. He possesses a good judicial mind, and in the trial of a cause gave close attention to the evidence, and decided according
to the natural equity, or the right of the case. In all cases involv- ing fraud he seemed intuitively to anticipate the minutia. Since his retirement from the bench in 1885 he has been actively engaged in the practice at Peru. As an advocate he has but few superiors. Being a good speaker and of commanding personal bearing, he has large influence with the jury. On the whole he can be deemed a brilliant lawyer and one of a still more promising future.
The present Judge J. D. Connor, first performed the duties of
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that office in this county at the October term, 1885. He is a pains- taking official and one who is determined on administering justice without partiality. He is a resident of Wabash where he was for many years engaged in a successful practice, and where he earned the reputation of being an able lawyer.
Later Attorneys .- It is not within the province of a work of this nature to make special mention of the attorneys now living. A considerable portion of them are now represented in another part of this volume. Such attorneys as H. J. Shirk, R. P. Effinger, Josiah and John L. Farrar, James M. Brown and John Mitchell, men who have nearly all been in the active practice in Miami County for more than thirty years, might perhaps be more extensively noticed here. But a sketch of each will be found elsewhere. Suffice it to say that they have taken front rank in their profession, and for many years have been foremost at the Peru Bar. Besides these the bar is well represented by a large number of young men, many of whom give evidence of eminence in their profession.
Concerning the death of Albert J. Davidson, who was at one time a leader among the younger lawyers of the county, the follow- ing record was made at the October term, 1874:
Resolved, That in the sudden, painful and untimely death of our brother, Albert J. Davidson, we bear the loss of one who, by his natural talents, his acquired endow- ments and many noble qualities had early obtained an enviable position in his pro- fession and in society; and whose death in early manhood has destroyed the hope of future eminence and usefulness, of which his brief professional life gave such abun- dant promise.
That we tender to his stricken family and friends our sincerest sympathy and condolence in their terrible bereavement.
That the court now in session be adjourned on the day of the obsequies of our deceased brother, and that we attend the same in a body.
That we will request this memorial to be entered upon the records of the Miami Circuit Court.
Death of Col. Wilson .- At the April Term, 1876, the fol- lowing record was made concerning the death of Col. John M. Wilson :
Comes now R. P. Effinger, Esq., and presents to the Court the following resolu- tions passed by the members of the Bar at a meeting of the Bar on Monday, the 20th day of March, A. D., 1876, and asks that they be spread upon the records of this court.
Resolved, That we, the professional associates of Col. John M. Wilson, late a member of this Bar, tender to his bereaved family our condolence and sympathy in the affliction that has deprived them of a loved and honorable father, and his rela- tions and companions of a warm-hearted and faithful friend.
Resolved, That in the death of Col. Wilson we recognize and deplore the loss of a brave soldier, an able lawyer and an honest man.
Resolved, That a copy of these resolutions be presented to the Miami Circuit Court at its next session, with the request that the same be spread upon the record and a copy thereof, under the seal of the court, be presented to the family of the de- ceased.
R. P. EFFINGER, Chairman.
LYMAN WALKER, Secretary.
Judge Petitt then spoke at considerable length in praise of the
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deceased, in the course of which he said: "In many respects Col. Wilson was a remarkable man. To his last he had the warmth, and cheeriness, and loving confidence of a child. Here at this bar he is best known. He had, so to express it, a genius of speech- sentences not contrived, measured and modulated, clothed in the drapery of chosen language, warm with thought and feeling, and on proper occasions said with just resentment, were often full of eloquence. If he had any fault of mental character, it was that to natural resources, so ready and always at hand, they were relied on for the occasion, sudden, instead of being husbanded and trained and disciplined for great opportunities." As a further mark of remembrance, the bar secured a portrait of Col. Wilson and had it placed in the court room, where it now remains.
Probate Courts .- Under the old laws the Associate Judges were ex-officio judges of the Probate Courts in the absence of a regular probate judge. What the exact method of conducting the early probate business of this county cannot not now be surely de- termined on account of the burning of the records in 1843. The first court of this kind of which there is any record began in May, 1843, with Jonathan R. Smith, as judge. He continued in that ca- pacity until November, 1848, when he was succeeded by Reuben C. Harrison. Judge Harrison remained upon the Probate Bench until that court was abolished by the adoption of the new constitu- tion in August, 1852. Up to that time it had jurisdiction in nothing but probate matters, although appeals could be taken to the Cir- cuit Court.
The Common Pleas Court .- At its establishment the Court of Common Pleas was given exclusive jurisdiction of probate matters, and the old probate courts were abolished. This was another of the changes which the new practice brought about. It had the jurisdic- tion of all that class of offences which did not amount to a felony, except those over which Justices of the Peace had exclusive jurisdiction. State prosecutions were instituted by affidavits and information. Under certain restrictions this court had jurisdiction over felonies, where the punishment could not be death, and in no case was the intervention of the Grand Jury necessary. In all civil cases, except for slander, libel, breach of marriage contract, action on official bond of any State or County officer, or where the title to real estate was involved, this court had concurrent jurisdiction with the Circuit Court, where the sum of damages due or demanded did not exceed $1,000, exclusive of interest and costs. It also had concurrent jurisdiction with Justices of the Peace, where the sum due or demanded exceeded $50. When the court was organized ap- peals could be taken from it to the Circuit Court, but that right was afterward abolished, but appeals could be taken to the Su- preme court, and its jurisdiction was from time to time en-
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larged. The Clerk and Sheriff of the county officiated in this court as well as in the Circuit court, and the judge was ex of- ficio judge of the court of conciliation. This last had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and battery, and false imprisonment, and extended to questions of re- conciliation and compromise only. No attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867.
First Term .- The first term of the Common Pleas Court in Miami County began January 3, 1853, with Robert F. Groves as Judge. The first act of the court was the adoption of a seal. The various Common Pleas Judges, with their first terms in the County after Judge Groves, were Samuel L. McFadin, January, 1857; Kline G. Shryock, November, 1860; D. D. Dykeman, No- vember, 1862; T. C. Whitesides, July, 1865; James H. Carpenter, November, 1870; D. P. Baldwin, March, 1871; John Mitchell, De- cember, 1872. This court was abolished early in 1873, the last term in this county being held in March of that year. All matters pending in that court were transferred to the Circuit Court.
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