USA > Indiana > Montgomery County > History of Montgomery county, Indiana; with personal sketches of representative citizens, Volume II > Part 50
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Mrs. Kritz was a daughter of Blakely and Rebecca (Glenn) Brush. This family was among the first settlers in Montgomery county and became well known and very well established here. They had five children, only one of whom, the eldest, John C., is still living, his home being in New York City ; the others were David, William, who are deceased : Mary Ann, the wife of Professor Kritz, who passed away in 1899; and Sarah, the youngest, also deceased.
The following children constituted the family of the Professor and wife : Stella married and living in Buffalo, New York; her husband, Rev. Rice Hunter, died in March, 1911; Alice, wife of James Robertson of Waveland; Charles S., merchant in Waveland: Harry W., farmer in Brown township;
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Frank W., the immediate subject of this sketch; Jessie, wife of George W. Coman, of Waveland; Herbert S. is a merchant in Waveland; Victoria is the wife of Albert Kleiser, a farmer of Brown township; this county; William B., Nellie and Laila, twins, who live in Waveland, the former the wife of Dr. Straugham and the latter the wife of Dr. Harbeson.
Professor Kritz has been spending his old age in retirement, and al- though he is now in his eighty-ninth year he is remarkably well preserved and continues his studies, keeping well abreast of the times. He is a writer of no mean ability and is the author of Greek and Latin text-books of great merit. He has had three degrees bestowed upon him-Bachelor of Phil- osophy, Bachelor of Arts, and Master of Arts. Politically, he was first a Whig, later a Republican, and is now a Progressive. He has been a Bible class teacher for many years and is an authority on Biblical subjects.
Francis W. Kritz, whose name heads this article, grew to manhood in Waveland and he had the advantages of an excellent education. After pass- ing through the Waveland Academy he entered Wabash College where he remained two years, later studied medicine two years, but has never practiced. After leaving college he devoted himslf to many trades, finally entering the mercantile field in which he has continued active and successful. In 1890 he formed a partnership with J. D. Fisher, which continued until 1896 when Mr. Kritz succeeded to the sole proprietorship, subsequently taking in his brother, William B. Kritz, and their partnership lasted from 1898 until 1902, since wliich time our subject has continued the business alone as a general merchant, house furnisher and undertaker, owning a large and modernly equipped and well stocked place of business which draws hundreds of cus- tomers from all parts of the country.
Francis W. Kritz was appointed postmaster at Waveland on July 2, 1897, under Mckinley's first administration, and he has been incumbent of this office continuously to the present time, giving eminent satisfaction to the department and the people. He is a member of the executive committee of the National League of Post Masters, and was re-appointed in 1912 for two years.
Mr. Kritz was married in 1895 to Isadora E. Thomas, daughter of Rich- ard A. and Mary A. (Ewing) Shadrach the father a native of Pennsylvania and the mother of Ohio. When young they went to Tennessee where they remained until 1887 when they removed to Indiana.
The union of our subject and wife has been without issue, but he fathered a step-son, Murray E. Thomas.
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Mr. Kritz was a member of the city council at Waveland for a period of thirteen years during which he did much for the general upbuilding of the place. He is treasurer of the Building and Loan Association, holding that position for a period of fifteen years. He has also been treasurer of the local Knights of Pythias lodge for a period of fourteen years, being an active member of the Order; he also belongs to the Tribe of Ben-Hur, and has been treasurer of the local lodge for a period of six years or more. These positions indicate the high standing of our subject in the community and the trust reposed in him. He is a member of the Modern Woodmen of America, and was venerable counsel of the same for many years. Politically, he is a Republican and has been active in local affairs. Religiously, he is a Presby- terian.
JEROME B. MARTZ.
Such a life as has been led by Jerome B. Martz, highly respected retired farmer of Darlington, Montgomery county, merits a record of its good deeds, that the debt due it may be acknowledged and that it may serve as a stimulus to others to endeavor to emulate it. But his record is too familiar to the people of the locality of which this history deals to require any fulsome encomium here, his life-work speaking for itself in stronger terms than the biographer could employ in polished periods. There is no doubt but that his long-continued strength of body and mind has been dne to his conservative habits, wholesome living and pure thinking. He is known as a man who likes to see others succeed as well as himself, is hospitable and charitable, his many acts of kindness springing from his largeness of heart rather than from any desire to gain the plandits of his fellow men. He has spent the latter part of his life in our midst and every year since coming here has not only found him further advanced in a material way, but has added to his list of friends, his relations with his fellow men having ever been of the highest.
Mr. Martz was born on September 22, 1844, in Pickaway county, Ohio, and he was two years of age when, in 1846, in the month of September, he was brought by his parents to Montgomery county, Indiana, settling on what has since been called the old Martz homestead, and thus our subject has spent practically all his life, of nearly three score and ten years in this locality, and has not only witnessed, but has taken an active part, in the great development from that remote period to the present day. He is a son of Samuel and Mary
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(Baker) Martz. They were both natives of Ohio, the father born on June 19. 1821, and his death occurred on November 3. 1894. The birth of the mother occurred on February 14, 1824 and she was called to her rest on March 28, 1890. These parents grew to maturity, were educated and married in the old Buckeye state, and they devoted their lives successfully to agricultural pursuits. The father was a Democrat, and he served at one time as county commissioner. After the Civil war he was a Republican.
Ten children were born to Samuel Martz and wife, five of whom are still living, the other five having died in infancy ; those who reached maturity are Jerome B., of this review; William H., Chauncey M., Otis B., and Mrs. Mary Killan.
Jerome B. Martz grew to manhood on the old home place here and he found plenty of hard work to do when a boy, assisting his father with the general work of improving the same. He received a meager education in the log school house of his vicinity, which was typical of its day, clapboard roof, puncheon seats, greased paper for window panes and open fire-place in one end. However, this early deficiency has been more than met in later life by actual contact with the world and by wide reading at home of periodicals and bocks.
Mr. Martz was married on March 7. 1867 to Eliza Conrad, who was born in this county on November 13, 1846. She was a daughter of Thomp- son and Elizabeth (Wyant) Conrad, both of whom came to this locality from Ohio in an early day, and here Mrs. Martz grew to womanhood and received a common school education. Her death occurred on March 2, 1912 after a happy married life. She was a worthy member of the Methodist Episcopal church, in the work of which she was active, helping build the local church. She has a host of warm friends here, and was a woman of fine Christian character.
Two children were born to our subject and wife, namely: Mary, born January 8, 1868, married Edward Little, and they live on the farm owned by our subject ; Perry E., died in early life.
Mr. Martz has followed farming all his life with a very satisfactory de- gree of success, having been regarded as one of the leading general farmers in Franklin township. Having accumulated a competency through his long years of close application and good management, he left his fine farm in 1910 and moved to his pleasant home in the town of Darlington where he now re- sides, spending his old age in quiet. He placed his son-in-law on the home farm and Mr. Little is managing the same very satisfactorily. The place
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consists of one hundred and sixty acres, productive, well improved, and under a high state of cultivation, the land being all tillable with the exception of a very little where the creek cuts through. It is well tiled. He also owns three acres where he lives in Darlington.
Mr. Martz attends the Methodist church, and politically he is a Repub- lican, but has never been an aspirant for public office, preferring to lead a qniet life.
GEORGE H. HUGHES.
The well known piano dealer of Crawfordsville, George H. Hughes, is a native of Vigo county, Indiana, having been born there on March 8, 1853. He is a son of Wesley H. and Nancy E. (Davis) Hughes. The father was born in Sullivan county, Indiana, May 22, 1828, and there also occurred the birth of the mother of our subject on October 17, 1831. They grew to ma- turity and were educated in their native community and there they have con- tinued to reside to the present time, having established a good home by their industry. Five children were born to them, namely: Josephine, born in Sullivan county, is the wife of Theodore Hutchinson; George H., subject of this sketch; T. E .. who is living in St. Louis, Missouri; Catherine married W. W. Gliver, of Terre Haute, Indiana ; Olive married H. B. Van Buskirk, of Rocky Ford, Colorado.
For many years the father of the above named children engaged in farm- ing in Sullivan county and later went into the tombstone business at the town of Sullivan. building up a good business there, following the same until his retirement from the active duties of life. With the exception of two years, Wesley H. Hughes and wife have always lived in Sullivan county. They belong to the Methodist Episcopal church, and politically, Mr. Hughes is a Republican.
George F. Hughes of this review, attended the common schools until he was thirteen years of age, when he began working at the saddlery trade which he followed for a period of eleven years, but finally abandoned that line of endeavor and went into the piano business, going on the road for the Baldwin Piano Company, his territory being Indiana and Illinois which he worked from 1833 until 1898, during which time he familiarized himself with the vari- ous phases of the piano business, and, leaving the road in 1898, he opened a piano business of his own in the city of Crawfordsville, where he continued
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to represent his firm. He was successful in this venture, and has built up a large and growing patronage, drawing customers from all over this and ad- joining counties. He always carries an excellent stock of modern pianos, handling the Ellington-Hamilton, Howard-Valley Gem, Jesse French & Son, the Star, Remington -- all standard and well known makes. He also carries a full line of other musical instruments and Victrolas.
Mr. Hughes was married in 1880 to Laura E. Robbins, daughter of Thomas J. and Margaret ( Maxwell) Robbins, old settlers of Sullivan county, where Mr. Robbins followed the blacksmith's trade, and he is still living there, being now advanced in years. His wife passed away in 1890.
One child has been born to George F. Hughes and wife, Byron E. Hughes, who is in partnership with his father in the piano business. He is a graduate of the high school in Crawfordsville, and later spent a year in Wabash College. He took a four years' course and graduated with high honors from the Metropolitan School of Music in Indianapolis. He began his business career with the Baldwin Piano Company, and for a period of three years was manager of that firm's house in Boston, Massachusetts. After that he returned to Crawfordsville and became the junior member of the firm with his father.
George F. Hughes is a Mason in his fraternal relations, and religiously he is a member of the Christian Science church.
JUDGE JAMES McCABE.
Standing out distinctly as one of the central figures of the judiciary of Indiana of the generations that are past is the name of the late Judge James McCabe, of Williamsport. Prominent in legal circles and equally so in public matters beyond the confines of Warren county, with a reputation in one of the most exacting of professions that won him a name for distinguished services second to that of none of his contemporaries, there was for many years no more prominent or honored man in western Indiana, which he long dignified with his citizenship. Achieving success in the courts at an age when most young men are just entering upon the formative period of their lives, wearing the judicial ermine with becoming dignity and bringing to every case submitted to him a clearness of perception and ready power of analysis characteristic of the learned jurist, his name and work for decades were allied with the legal institutions, public enterprises and political interests
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of the state in such a way as to earn him recognition as one of the distin- guished citizens in a community noted for the high order of its talent. A high purpose and an unconquerable will, vigorous mental powers, diligent study and devotion to duty were some of the means by which he made himself eminently useful, and every ambitious youth who fights the battle of life with the prospect of ultimate success may pursue with profit the biography here- with presented, for therein are embodied many lessons as well as incentive, and, although he "serenely sleeps in the windowless palaces of rest," his in- fluence is still a part of many lives, making them better and happier; thus Shakespere wrote, "The good that men do lives after them."
Judge McCabe was born in Darke county, Ohio, July 4, 1834. His father, James McCabe, Sr. was a native of Middletown, south of Terre Haute, Indiana, and his mother was. Jane Lee, a daughter of an old Virginia family. After their marriage the senior McCabe and his young wife went to Ohio, and there the subject of this memoir was born, being one of five sons. While an infant his parents moved to Kosciusko county, Indiana. From there they went to Illinois and the boy that afterward became one of the supreme judges of Indiana plowed prairie sod with an ox team on the ground where Watseka now stands. Three of the sons of the stern Whig father left home, coming to Indiana, and James was one of the three. He went to Crawfordsville, attracted there by the presence of relatives of his mother, the Lees. At this time he was seventeen years old, and here it was that he first went to school, having had no learning whatever up to this time. His first schooling was at a night school taught by Judge Naylor, one of the well known members of the bar. He made his living while in school by working on the Monon railroad as a section hand, and he boarded wherever it was handy. At the age of eighteen years he married Serena, the daughter of M. M. VanCleve, with whom he boarded a part of the time. The mar- riage occurred on March 24, 1853, when the bride was but sixteen years old. The couple began housekeeping on a farm seven miles from Crawfordsville.
One day, when work on the farm had grown slack, he rode to Crawfords- ville and, impelled mainly by curiosity, attended a murder trial in which the prosecutor was the great criminal lawyer, Daniel W. Voorhees, and the de- fendant's attorney was Edward Hannegan. The splendid eloquence of these two distinguished lawyers was enough; then and there Mr. McCabe conceived the ambition to be a lawyer. He never parted from that ideal.
In the winter, Judge McCabe taught school, and in the summer he fol- lowed any vocation which was convenient, always with the hope of succeed-
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ing in his chosen profession. He lived at Oxford and Pine Village in suc- cession and, finally being admitted to the bar, he became a resident of Wil- liamsport in 1861. Here success was slow in coming ; he passed through the "starvation period" which is legion with the legal profession. He knew what it was to walk to Walnut Grove to argue a cause before the squire, but his labors were lightened usually by his success.
In politics Judge McCabe was a Democrat, the reason of which is char- acteristic. He, and.his wife's people, were Hard Shell Baptists, and believed absolutely in the literal interpretation of the Bible, and considered that it sanctioned slavery. Therefore he allied himself with the Democratic party, although his father was a Whig of uncompromising type. Twice was he nominated for Congress, and in a strong Republican district defeated by only narrow margins. In 1892 he was elected to the state supreme court for a term of six years. Although nominated for a second term, he was defeated with the rest of the ticket.
Three very important opinions were handed down by Judge McCabe while he was on the bench. The most noted was that of Haggart vs. Stehlin, 137 Indiana, 43. This was one of the noted supreme court decisions that have for many years been cutting down the privileges of the saloon, the most infamous institution that society sanctions. He took advanced ground in this decision, going far beyond any ideas that had ever been presented in any court in the world. The gist of the decision, which was rendered in 1898, was that a saloon may become a nuisance, may be enjoined and may have judgment for damages rendered against it. So far-reaching was this deci- sion that it was widely commented upon, not only in America, but in Europe. The Literary Digest gave it considerable space. An interesting fact is that John W. Kern, the present United States senator from Indiana, was the saloon man's attorney. Another famous case was that in which the decision of the lower court sentencing Hinshaw, the preacher who murdered his wife, to the state prison for life, was confirmed. The evidence was purely circum- stantial, but the opinion of Judge McCabe reads like a fascinating detective story. And one more famous opinion was that in which he repelled an attack on Indiana law that might have reduced the state to anarchy. Some man had tried to enjoin the holding of an election on the grounds that a legislative apportionment had been illegal. Judge McCabe showed that if possibly such could be the case, then the very argument of the petitioner would be illegal for the same reason and he denied the right of the plaintiffs to be heard on the question.
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As a public speaker, Judge McCabe had few equals, his oratory being of a style that entranced those who heard him. His diction was perfect, his logic irresistible, his illustrations well chosen, while his well modulated voice, graceful gestures, and charm of manner all contributed to a most remarkable success in the legal and political forum. Some of his most pleasing and effective speeches were made extemporaneously, for his general knowledge was so broad and comprehensive, his grasp of a subject in all its aspects so quick, and his talent as a speaker so natural, that he could easily, without preparation, make addresses that would have been creditable to most men after careful preparation.
After his retirement from the bench Judge McCabe practiced law with his son, under the firm name of McCabe & McCabe. He enjoyed a lucrative practice and many times served as special judge. The death of Judge Mc- Cabe occurred on March 23, 1911, at his home in Williamsport, Indiana, after an illness of long duration.
Judge McCabe left, besides the faithful wife, three children, namely : Nancy Ellen, the wife of J. B. Gwin, of Indianapolis; Edwin F., a well known and successful attorney at Williamsport ; and Charles M., a successful lawyer of Crawfordsville, of the firm name of Crane & McCabe. There are twelve grandchildren and five great-grandchildren. Mrs. McCabe is the daughter of Mathias and Nancy ( Nicholson ) VanCleve and she was born in Ross county, Ohio. Mathias VanCleve was born near Shelbyville, Kentucky, in 1810, and he was educated mostly in his native state. He was a Baptist minister of considerable reputation, and he finally came to Indiana and estab- lished the family home near Crawfordsville, where they continued to reside for nearly a half century. He was primarily a self-made man, and most of his higher learning was obtained by home study. His family consisted of six children, Mrs. Serena McCabe having been the third in order of birth.
The bar of the Warren Circuit Court held a memorial service at Williams- port on May 7, 1911, when the last tribute of respect and honor to his mem- ory was paid by an immense crowd of neighbors and friends. Many prominent and distinguished jurists and state officers were present ; former Appellate Judge Joseph M. Rabb presided. Addresses were made by others, the prin- cipal speaker being William Jennings Bryan, the Nebraska Commoner having been a close personal friend of Judge McCabe and his active associate in national politics. Mr. Bryan paid a splendid tribute to Judge McCabe, de- tailing the characteristics that controlled his actions, and naming the ' four cornerstones upon which the judge's life was built as God, home, society, and
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government. He enlarged upon, and showed how the life of a successful man was so builded, particularly that of Judge McCabe.
The following memorial was prepared by the local bar association, the committee drafting the resolutions being William H. Durborow, H. D. Bill- ings, Victor H. Ringer and Chester G. Rossiter; part of the memorial, bear- ing on the life of the deceased, is omitted, to avoid repetition from foregoing paragraphs in this sketch :
"From 1861 until his elevation to the supreme bench of the state, Judge McCabe's career as a lawyer was one of unremitting labor, crowned with remarkable success. By his power of oratory, he could sway a jury as few lawyers could. When espousing a client's cause he never rested from his efforts in his behalf. He had a large, varied and widely extended practice, and could and did meet the most distinguished lawyers on equal terms. Dur- ing his term of six years on the bench, the opinions prepare by him have be- come masterpieces of profound learning, many of them on public questions of lasting benefit to the people of the state at large. But his life work is finished. It was well and ably done. In summing up the professional career of this honored and honorable gentleman, it can be truthfully said, that :
"As an advocate lie possessed a remarkable power of clear statement and convincing logic. As a counselor he was exact, careful and carried his re- searches into the remotest sources of the law. As a public. orator, he swayed men with force of argument, and molded their ideas to coincide with his own. As a judge, he was upright, masterful and added luster to the bench of a mighty state; therefore be it
"Resolved by the bar of Warren Circuit Court that in the death of Judge James McCabe our bar has lost the guidance of its oldest and wisest member ; with reverence we will be guided by his precept and example. That his family has lost a devoted and loving husband and father and they have the sympathy of our bar. That the state has lost a wise and able jurist, the com- munity a popular and distinguished citizen. Be it further
"Resolved, that the memorial and these resolutions be spread on record in the order book of the Warren Circuit Court, a copy thereof be furnished by the clerk, under his hand and seal of the court, to the family of our deceased member, and that a copy be published in the county papers."
As a further insight into the character of Judge McCabe, the following letter from United States Senator John W. Kern, of Indianaoplis, written to the son of the subject of this memoir, will be of interest :
"I learned this morning of the death of your father, and hasten to express
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my deep sympathy and to assure you that I am one of his many friends who are today mourning his many noble qualities of head and heart.
"I had known James McCabe since the days of my early manhood, and my admiration for him increased as the years rolled by until it amounted to genuine affection. He was a man of sterling qualities. His convictions were positive and always expressed fearlessly, though he always manifested a rare spirit of charity towards those who honestly differed from him in opinion.
"He was a just judge, whose first aim was the security of justice to the litigant, and to maintain at the same time the dignity of the high judicial office which he so long honored.
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