USA > Indiana > Pike County > History of Pike and Dubois counties, Indiana : from the earliest time to the present, with biographical sketches, reminiscences, notes, etc. : together with an extended history of the Northwest, the Indiana Territory, and the state of Indiana > Part 46
USA > Indiana > Dubois County > History of Pike and Dubois counties, Indiana : from the earliest time to the present, with biographical sketches, reminiscences, notes, etc. : together with an extended history of the Northwest, the Indiana Territory, and the state of Indiana > Part 46
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Senators .- Isaac Montgomery, for the district composed of Gibson, Pike and Dubois Counties, 1818; Daniel Robb, same, 1820-21; John Daniel, Dubois, Spencer and Perry, 1822; Daniel Grass, same, December, 1822; Daniel Edwards, same, 1823; Daniel Grass, same, 1825; Isaac Montgomery, Gibson, Pike and Dubois, 1826-27; Daniel Robb, same, 1829-32; Elisha Embree, same, 1833-34; Thomas C. Stewart, same, 1835-37; John Hargrave, same, 1838-40; Smith Miller, same, 1841-44; 1844; Benjamin R. Edmonston, same, 1845-47; Smith Mil- ler. 1848-49; B. T. Goodman, same, 1850; William Hawthorn, same, 1855; John Hargrave, same, 1857-59; Thomas Shoulders, 1861-63; James Barker, same, 1865-67; Aaron Houghton, Pike, Dubois and Martin, 1869; Leroy Cave, Dubois and Martin, 1871; H. A: Peed, Dubois, Martin and Orange, 1875; William A. Tay- lor, same, 1879; William Traylor, Dubois, Martin and Lawrence, 1881.
Railroads .- For nearly twenty years the question of railroads has been before the people of Dubois County. The agitation of it began soon after the close of the war, and in 1869, several propositions were on foot for the construction of that indispensa- ble thing to our modern civilization. The most plausible of them all was that of the New Albany & St. Louis Air Line. In Sep- tember of that year, Patoka Township held an election to deter- mine whether it should aid that road to the extent of $10,780, by a tax of two per centum. The result was 257 votes for, and 20 against the tax. In November of the same year, an election was held throughout the entire county upon the subject of a county tax to the amount of $53,105, in aid of the same road, providing it should run within one-half mile of Jasper. This latter proposition was opposed by the entire southern portion of the county, al- most unanimously. The vote at that election is here given, but it must be remembered that the county then had but six instead of twelve townships.
498
HISTORY OF DUBOIS COUNTY.
TOWNSHIP.
FOR.
AGAINST.
Columbia.
18
149
Harbison.
70
103
Bainbridge.
380
23
Hall.
58
295
Patoka.
1
525
Ferdinand.
0
334
Totals
530
1,339
In June, 1871, the railroad company demanded of the county board $7.600 of the tax collected in Patoka Township, according to the first election. The board refused to grant the request at that time, but in March, 1873, stock to the amount of $6,000 was taken in behalf of the township.
In June, 1881, an election was held in Jackson Township to decide whether that township should aid the same road by a tax. A vote of 136 to 48 decided against it. After much trouble and vexation the road was finally completed across the county in the early part of 1882. In consequence Huntingburgh has grown to be the first town in the county in a business point of view.
In the meantime the Cincinnati. Rockport & Southwestern had been agitating the railway question and had felt the public pulse in reference to aid by taxation. Bainbridge Township alone gave to aid this road more than $20,000, and individuals took $17,800 of stock, and even then the construction was com- pleted under discouragement. However the task was finally ac- complished, and the first train came to Jasper on the evening of February 14, 1879. Although the weather was stinging cold, a large crowd assembled at the depot to welcome the first "iron horse" and accord it the freedom of the city. The brass band was out and discoursed appropriate music. Martin Friedman gave the depot lot and others gave materials and labor to erect the building free of cost to the company.
Agricultural Society .- Early in the sixties a fair association was organized and one or two exhibitions held, but the excitement that everywhere existed and the uncertainty of affairs, arising from the war, soon brought about its abandonment. In October, 1872, another fair was held. The association was organized early in the year and was known as the Dubois County Agricultural Society. The officers were O. F. Hobbs, president ; R. M. Wel- man, vice-president ; John Gramelspacher, secretary; William
499
HISTORY OF DUBOIS COUNTY.
A. Traylor, treasurer. The directors were Simon Bixler, Har- bison Township; Joseph Striegle, Hall Township; A. J. Gossman, Columbia Township; J. Woekbenberg, Ferdinand Township; Mormon Fisher, Patoka Township; Thomas Herbig, Bainbridge Township; Jesse Traylor, John P. Norman and Samuel Dillon, Jr., directors at large and Sebastian Kuebler, general superin- tendent. The first fair was held October 15, 16, 17, 18 and 19, 1872, upon the grounds near Jasper. A balloon ascension was one of the prominent features. The display was good and the entries numbered 300. The receipts amounted to $1,400 and the expenses $1,200, leaving a balance of $200 in the treasury after the premiums were paid. The society continued to hold annual ex- hibitions for several years but it is now abandoned.
Election Returns .- From almost the earliest time the Democ- racy has been largely in the majority in the county. During the latter part of the thirties the Whigs came near being equal in number, but at the Presidential election in 1840, the Democratic ticket received a good majority, and has ever since retained it. A number of the old election papers could not be found. At the Presidential election of 1860, the result was as follows:
NOVEMBER,
1860.
TOWNSHIPS.
REPUBLICAN. Lincoln and Hamlin.
NORTHERN SOUTHERN DEMOCRAT. DEMOCRAT. Douglas Breckenridge and Johnson. and Lane.
UNION. Bell and Everett.
Bainbridge.
87
318
. .
7
Patoka.
82
320
2
Columbia.
23
125
2
Hall
49
174
. .
1
Ferdinand
1
253
Harbison.
59
157
2
8
Totals
301
1347
2
20
NOVEMBER, 1868.
TOWNSHIPS.
REPUBLICAN. DEMOCRAT. Grant and Colfax.
Bainbridge.
97
425
Patoka.
157
483
Ferdinand
15
363
Harbison
90
215
Hall
73
302
Columbia.
69
198
Totals
501
1986
-
-
Seymour and Blair.
-
500
IIISTORY OF DUBOIS COUNTY.
NOVEMBER, 1872.
DEMOCRAT.
REPUBLICA Giran
TOWNSHIPS
Greeley and Brown.
and Wilson.
Bainbridge ..
130
Patoka .
188
Ferdinand
310
13
Harbison.
200
111
Hall.
281
73
Columbia
174
75
Totals.
1776
590
NOVEMBER. 1876.
TOWNSHIPS.
DEMOCRAT Tilden and Hendricks.
REPUBLICAN. Hayes and Wilson.
Bainbridge.
371
14
Columbia.
81
59
Harbison.
188
32
Boone
90
114
Madison
103
123
Marion ..
175
4
Hall
175
35
Jefferson.
124
66
Jackson.
211
4
Patoka
281
141
Cass.
193
105
Ferdinand
310
4
Totals.
2332
701
NOVEMBER, 1880.
TOWNSHIPS.
DEMOCRAT. Hancock and English.
REPUBLICAN. Garfield and Arthur.
Bainbridge.
422
41
Columbia
96
100
Harbison
208
34
Boone
116
136
Madison
97
141
Marion
178
9
Hall
218
54
Jefferson
137
88
Jackson.
209
13
Patoka.
270
145
Cass.
192
134
Ferdinand
357
5
Totals.
2500
900
501
HISTORY OF DUBOIS COUNTY.
NOVEMBER, 1884.
TOWNSHIPS.
DEMOCRAT. REPUBLICAN. Cleveland and Blaine and Hendricks.
Logan.
Bainbridge
442
33
Columbia.
121
79
Harbison
205
32
Boone
131
139
Madison
101
129
Marion
182
8
Hall
198
57
Jefferson
213
183
Jackson.
109
30
Patoka
355
187
Cass
196
134
Ferdinand.
339
7
-
Totals.
2712
1018
1
STATE OFFICERS.
Arthur St. Clair, governor of the Territory of the United States northwest of the Ohio, October 5, 1787, to July 4, 1800.
Governors of Indiana Territory .- William Henry Harrison, from July 5, 1800, to 1812; John Gibson, acting governor from 1812 to 1813; Thomas Posey, from March 3, 1813, to November 7, 1816.
Governors of the State of Indiana .- Jonathan Jennings, from November 7, 1816, to December 4, 1822; William Hendricks, from December 4, 1822, to February 12, 1825; James B. Ray, from December 7, 1825, to December 7, 1831; Noah Noble, from December 7, 1831, to December 6, 1837; David Wallace from December 6, 1837, to December 9, 1840; Samuel Bigger, from December 9, 1840, to December 6, 1843; James Whitcomb, from December 6, 1843, to December 26, 1848; Paris C. Dunning, acting-governor, from December 26, 1848, to December 6, 1849; Joseph A. Wright, from December 6, 1849, to January 5, 1857; Ashbel P. Willard; Abram A. Hammond; Henry S. Lane, a few days in January, 1860; Oliver P. Morton, acting, from 1860, to to January 12, 1865; Oliver P. Morton from January 12, 1865, to Jannary 12, 1867; Conrad Baker, acting, from 1867 to 1869; Conrad Baker, from 1869 to 1873; Thomas A. Hendricks, from 1873 to 1877; James D. Williams, from 1877 to 1881; Albert G. Porter, from 1881 to 1883; Isaac P. Gray, from 1883 to
502
HISTORY OF DUBOIS COUNTY.
Licatenant Governors,-Christopher Harrison, from 1816 to December 17, 1818; Ratliff Boone, from 1819 to 1824; James B Ray, acting, from 1824 to 1825; Jolin H. Thompson, from 1825 to 1828; Milton Stapp, from 1828 to 1831; David Wallace, from 1831 to 1837; David Hillis, from 1837 to 1840; Samuel Hall, from 1840 to 1843; Jesse D. Bright, from 1843 to 1845; God- love S. Orth, acting, 1845; James G. Read, acting 1846; Paris C. Dunning, from 1846 to 1845: James G. Read, 1849; James H. Lane, from 1849 to 1853; Ashbel P. Willard, from 1853 to 1857; Abram A. Hammond, from 1857 to 1859: John R. Cravens, acting, from 1859 to 1863; Paris C. Dunning, acting, from 1863 to 1865; Conrad Raker, from 1865 to 1867; Will Cumback, from 1867 to 1869; Will Cumback, from 1869 to 1863; Leonidas Sexton, from 1878 to 1877; Isaac P. Gray, from 1877 to 1881; Thomas Warner, from 1881 to 1883: Mahlon D. Manson, from 1883 to ----.
Secretaries of State .- John Gibson, Territorial, from 1800 to 1816; Robert A. New, from 1816 to 1825; W. W. Wiek, from 1825 to 1829; James Morrison, from 1829 to 1833; William Sheets, from 1833 to 1837; William J. Brown, from 1837 to 1841; William Sheets, from 1841 to 1845; John H. Thompson, from 1845 to 1849; Charles H. Test, from 1849 to 1853; Nehemiah Hayden, from 1853 to 1855; Erasmus B. Collins, 1855 to 1857; Daniel MeClure, from 1857 to 1858; Cyrus L. Dunham, from 1858 to 1859; Daniel McClure, from 1859 to 1861; William A. Peele, from 1861 to 1863; James S. Anthon, from 1863 to 1865; Nelson Trusler, from 1865 to 1869: Max F. A. Hoffman, from 1869 to 1871; Norman Eddy, from 1871 to 1872; John H. Farquhar, from 1872 to 1873; W. W. Curry, from 1873 to 1874; John E. Neff, from 1874 to John P. Shanklin, from 1879 to 1881; E. R. Hawn, from 1881 to 1883; William R. Meyers, 1883 to 1885.
Auditors of State .- William H. Lilley, from 1816 to 1829; Morris Morris, from 1829 to 1844; Horatio J. Harris, from 1844 to 1847; Douglas McGuire, from 1847 to 1850. E. W. H. Ellis, from 1850 to 1853; John P. Dunn, from 1853 to 1855; Hiram E. Talbot, from 1855 to 1857; John W. Dodd, from 1857 to 1860; Albert Lange, from 1861 to 1863; Joseph Ristine, from 1863 to 1865; Thomas B. McCarty, from 1865 to 1869; John D. Evans, from 1869 to 1871; John C. Shoemaker, from 1871 to
505
HISTORY OF DUBOIS COUNTY.
1873; James A. Wildman, from 1873 to 1874; Ebenezer Hen- derson, from 1875 to : M. D. Manson, from 1879 to 1881; E. H. Wolfe, from 1551 to 1993: J. H. Rice, from 1883 to ---.
Treasurers of State .- Daniel C. Lane. from 1516 to 1823; Samuel Merrill. from 1823 to 1835; Nathan B. Palmer, from 1835 to 1841; George H. Dunn, from 1841 to 1844; Royal May- hew. from 1844 to 1847; Samnel Hanna, from 1847 to 1850; J. P. Drake, from 1850 to 1853; Elijah Newland, from 1853 to 1855; William B. Noffsinger, from 1855 to 1857; Aquilla Jones, from 1857 to 1859; Nathaniel F. Cunningham, from 1859 to 1861: J. S. Harvey, from 1861 to 1863: Matthew L. Brett, from 1868 to 1865: John I. Morrison, from 1865 to 1867; Na- than Kimball, from 1867 to 1871; James B. Ryan, from 1871 to 1873: John B. Glover, from 1873 to 1875; B. C. Shaw, from 1875 to --: William Fleming, from 1879 to 1881; R. S. Hill, from 1881 to 1883; John J. Cooper, from 1883 to -
Attorney-Generals .- James Morrison, from March 5, 1855; J. E. McDonald, from December 17, 1857; J. G. Jones, from December 17, 1839; John P. Usher, from November 10, 1861; Oscar B. Hord, from November 3, 1862; D. E. Williamson, from November 3, 1864: Bayliss W. Hanna, from November 3, 1870; James C. Denny, from November 6, 1872; Clarence A. Buskirk, from November 6, 1874; Thomas Woolen, from Novem- ber .1878 to November, 1880; Daniel O. Baldwin, from 1881 to 1883; Francis T. Hord, from 1883 to --.
Judges of the Supreme Court .- James Scott, from 1816 to 1831; John Johnston, from 1816 to 1817; J. L. Holman, from 1816 to 1831; Isaac Blackford, from 1817 to 1853; S. C. Stevens, from 1831 to 1836; J. T. Mckinney, from 1831 to 1837; Charles Dewey, from 1836 to 1847; Jeremiah Sullivan, from 1837 to 1846; Samuel E. Perkins, from 1846 to 1865; Thomas L. Smith, from 1847 to 1853; Andrew Davidson, from 1853 to 1865; William L. Stewart, from 1853 to 1857; Addison L. Roache, from 1853 to 1854; Alvin P. Hovey, appointed, to 1854; S. B. Gookins, from 1854 to 1857; James L. Worden, appointed, from 1858 to 1865; James M. Hana, appointed, from 1858 to 1865; Charles A. Ray, from 1865 to 1871; John P. Elliott, from 1865 to 1871; James S. Frazier, from 1865 to 1871; Robert S. Gregory, from 1865 to 1871 ; James L. Worden, from 1871 to -; Alex C. Downey, from
17
506
HISTORY OF DUBOIS COUNTY.
171 to : Samuel H. Buskirk. from 1571 to - - John Pettit.
from 1971 to : Andrew L. Osborn. from 1972 to :
Horace P. Biddle, from 1>74 to : Samuel E. Perkins: George V. Howk: William E. Niblack; William A. Woods; Byron K. Elliott: Allen Zollars.
United States Senators, --- James Noble, from 1>16 to 1>31: Waller Taylor, from 1816 to 1525: William Hendricks. from 1825 to 1837; Robert Hanna, appointed. 1531; John Tipton. from 1831 to 1839; Oliver H. Smith, from 1537 to 1543: Albert S. White, from 1839 to 1845: Edward A. Hannegan. from 1>13 to 1849; Jesse D. Bright, from 1545 to 1861: James Whitcomb. from 1849 to 1852; Charles W. Catheart, appointed. from 1\52 to 1553; John Pettit, from 1853 to 1857; Graham N. Fitch. from 1857 to 1861; Joseph A. Wright, from 1861 to 1863: Henry S. Lane, from 1861 to 1867; David Turpie, 1863: Thomas A. Hendricks, from 1863 to 1869; Oliver P. Morton, from 1867 to 1877; Daniel D. Pratt, from 1869 to 1875; Joseph E. McDonald, 1875; Daniel W. Voorhees, Benjamin Harrison.
Territorial Delegates .- William H. Harrison, delegate from the Territory northwest of the Ohio River; resigned in 1800, succeeded by William McMillan, who took his seat November 24, 1800.
Indiana Territory .- Benjamin Parke, December 12. 1\05. resigned in 1808; succeeded by Jesse B. Thomas, who took his seat December 1, 1808. Jonathan Jennings, November 27. 1\09.
REPRESENTATIVES IN CONGRESS.
1817-22 .- William Hendricks.
1822-24 .- Jonathan Jennings.
1823-25 .- Jonathan Jennings, William Prince, John Test and Jacob Call.
1825-27 .- Ratliff Boon, Jonathan Jennings, John Test.
1827-29 .- Thomas H. Blake, Jonathan Jennings, Oliver H. Smith.
1829-31 .- Ratliff Boon, Jonathan Jennings, John Test.
1831-33 .- Ratliff Boon, John Carr, Jonathan McCarty.
1833-35 .- Ratliff Boon, John Carr, John Ewing, Jonathan McCarty.
1835-37 .- Ratliff Boon, John Carr, John W. Davis, Edward
1
507 1
HISTORY OF DUBOIS COUNTY.
A. Hannegan, William Herod, George .L. Kinnard. Amos Lane. Jonathan McCarty.
1837-39 .-- Ratliff Boon, George H. Dunn. John Ewing, Will. iam Graham, William Herod, James Rariden, Albert S. White.
1839-41 .- John Carr, John W. Davis, Tilghman A. Howard, Henry S. Lane, George H. Proffit, James Rariden, Thomas Smith, William W. Wick.
1841-43 .- James H. Cravens, Andrew Kennedy, Henry S. Lane, George H. Proffit, Richard W. Thompson, David Wallace, Joseph L. White.
1843-45 .- William J. Brown, John W. Davis, Thomas J. Henley, Andrew Kennedy, Robert Dale Owen, John Pettit, Sam- uel C. Sample, Caleb B. Smith, Thomas Smith, Joseph A. Wright.
1845-47 .- Charles W. Cathcart, John W. Davis, Thomas J. Henley, Andrew Kennedy, Edward W. McGaughey, Robert D. Owen, John Pettit, Caleb B. Smith, Thomas Smith, William W. Wick.
1847-49 .- Charles W. Cathcart, George G. Dunn, Elisha Embree, Thomas J. Henley, John Pettit, John L. Robinson, William Rockhill, Caleb B. Smith, Richard W. Thompson, Will- iam W. Wick.
1849-51 .- Nathaniel Albertson, William J. Brown, Cyrus L. Dunham, Graham N. Fitch, Willis A. Gorman, Andrew J. Har- lan, George W. Julian, Joseph E. McDonald, Edward W. Mc- Gaughey, John L. Robinson.
1851-53 .- Samuel Brenton, John G. Davis, Cyrus L. Dun- ham, Graham N. Fitch, Willis A. Gorman, Thomas A. Hendricks, James Lockhart, Daniel Mace, Samuel W. Parker, John L. Rob- inson.
1853-55 .- Ebenezer M. Chamberlain, John G. Davis, Cyrus L. Dunham, Norman Eddy, William H. English, Andrew J. Har- lan, Thomas A. Hendricks, James H. Lane, Daniel Mace, Smith Miller, Samuel W. Parker.
1855-57 .- Lucien Barbour, Samuel Brenton, Schuyler Colfax, William Cumback, George G. Dunn, William H. English, David P. Holloway, Daniel Mace, Smith Miller, John U. Pettit, Harvey D. Scott.
1857-59 .- Charles Case, Schuyler Colfax, John G. Davis,
508
HISTORY OF DUBOIS COUNTY.
William H. English, James B. Foley, James M. Gregg. James Hughes. David Kilgore. William E. Niblack, John C. Pettit. James Wilson.
1859 61. - Charles Case, Schuyler Colfax, Jolm (. Davis. William M. Dunn, William H. English, William S Holman. David Kilgore, William E. Niblack. John C. Pettit, Albert G. Porter. James Wilson.
1861 63 .- Schuyler Colfax, James A. Cravens, W. Mckee Dunn. William S. Holman, George W. Julian, John Law, Will- iam Mitchell, Albert G. Porter, John P. C. Shanks, Daniel W Voorhees, Albert S. White.
1863 65 .- Schuyler Colfax, James A. Cravens, Ebenezer Du- mont, Joseph K. Edgerton, Henry W. Harrington, William S. Holman, George W. Julian, John Law. James F. McDowell. Godlove S. Orth, Daniel W. Voorhees.
1865 67 .- Schuyler Colfax, Joseph H. Defrees, Ebenezer Dumont, John H. Farquhar, Ralph Hill, George W. Julian. Michael C. Kerr. William E. Niblack, Godlove S. Orth, Thomas N. Stillwell, Daniel W. Voorhees, Henry D. Washburn.
1867-69 .- John Coburn, Schuyler Colfax, William S. Hol- man, Morton C. Hunter, George W. Julian, Michael C. Kerr, William E. Niblack, Godlove S. Orth, John P. C. Shanks, Henry D. Washburn, William Williams.
1869-71 .- John Coburn, William S. Holman, George W. Julian, Michael C. Kerr, William E. Niblack, Godlove S. Orth, Jasper Packard, John P. C. Shanks, James N. Tyner, Daniel W. Voorhees, William Williams.
1871-73 .- Jolm Coburn, William S. Holman, Michael C. Kerr, Mahlon D. Manson, William E. Niblack, Jasper Packard. John P. C. Shanks, James N. Tyner, Daniel W. Voorhees, Will- iam Williams, Jeremiah M. Wilson.
1873-75 .- Thomas J. Cason, John Coburn, William S. Hol- man, Morton C. Hunter, William E. Niblack, Godlove S. Orth, Jasper Packard, Henry B. Sayler, John P. C. Shanks, James N. Tyner, William Williams, Jeremiah M. Wilson, Simeon K. Wolfe
1875-77 .- John H. Baker, Nathan T. Carr, Thomas J. Cason, James L. Evans Benoni S. Fuller, Andrew H. Hamilton, William S. Haymond, W. 3. Holman, Andrew Humphreys, Morton C.
509
HISTORY OF DUBOIS COUNTY.
Hunter, Michael C. Kerr, Franklin Landers, Jeptha D. New, Mil- ton S. Robinson, James D. Williams.
1877-79 .- John H. Baker, George A. Bicknell, Thomas M. Browne, William H. Calkins, Thomas R. Cobb, James L. Evans, B. S. Fuller, A. H. Hamilton, John Hanna, M. C. Hunter, M. S. Robinson, Leonidas Sexton, M. D. White.
1879-81 .- William Heilman, Thomas R. Cobb, George A. Bieknell, Jeptha D. New, Thomas M. Browne, William R. Myers, Gilbert De La Matyr, Abraham J. Hostetter, Godlove S. Orth, William H. Calkins, Calvin Cowgill, Walpole G. Colerick, John H. Baker.
1884-85 .- John F. Kleiner, Thomas R. Cobb, Strother M. Sockslager, W. S. Holman, C. C. Matson, T. M. Brown, S. J. Peelle, J. E. Lamb, T. B. Ward, T. F. Wood, G. W. Steele, Robert Loury, W. H. Calkins.
CHAPTER IV.
IIISTORY OF THE BENCH AND BAR-THE EARLY COURT PRACTI- TIONERS-THE FIRST TRIALS-PROFESSIONAL CHARACTER OF JUDGES AND ATTORNEYS-MURDER AND OTHER IMPORTANT CASES-COURTS UNDER THE NEW CONSTITUTION-COMPARISON OF PRACTICES -- PRO- BATE AND COMMON PLEAS COURTS.
B EYOND the year 1839 there is no record left to tell what course justice pursued in the litigation that occurred. Whatever his ory has been obtained concerning the courts and attorneys prior to that time must be read with the remembrance that it was drawn from recollections and from tradition. In accordance with the act of the Legislature creating the county, the first court was held at the house of William McDonald in Au- gust, 1818. It was the circuit court and had as president judge, Jonathan Doty. One of his associates was Arthur Harbison. The first clerk was Simon Morgan, a position he continued to fill until the year 1839. Adam Hope was the first sheriff. Thus was the first court of Dubois County constituted. It is said that Judge Doty held but one term. The circuit court was one having cognizance
510
HISTORY OF DUBOIS COUNTY.
of both civil and criminal causes, The same judge would hold a number of these courts in the various counties, and for that reason it was called the circuit. No more than one term was probably held at the house of McDonald, for the log court house at Portersville was built in the summer of 1818 and the county business conducted at that place. Among the early attorneys, Richard Daniels, Davis Floyd, James R. E. Goodlet, Samuel Hall and Thomas H. Blake were prominent. These men lived in the different counties throughout the southwestern part of the State and were nearly as regular in attendance upon the various courts of the circuit as the judges themselves. All of them be- came at some time judges of their districts. Others were John Fletcher, John H. Thompson, Ebenezer MeDonald, Jacob Cald, George R. C. Sullivan, William Prince and David Raymond. Some of these had already been judges in some of the early ju- dicial districts of the State. Among these names of attorneys somne appear who were already leaders in both law and politics for the new commonwealth, and became well known throughout the State. Thomas H. Blake was one of the most widely known lawyers of southern Indiana, where he practiced in almost every county. He became a circuit judge, and his name appears "for the plaintiff" in the first case reported in the supreme court. In 1839 he was a candidate for the United States Senate, but was defeated by Albert S. White. Richard Daniel had been judge of the First Judicial Circuit. Davis Floyd had represented Clark County in the Territorial Legislature of 1805, and Har- rison County in the constitutional convention of 1816 and after- ward became circuit judge. William Prince was an old resi- dent of Knox County and enjoyed a high reputation as a man of ability and integrity. He was judge for a time of his circuit. David Raymond was another able judge and skillful lawyer. It is probable that Richard Daniel was the next man to hold court in Dubois County as he was the regular judge of the Fourth Judicial Circuit of which the county was a part. In 1819 or 1820 James R. E. Goodlett came to the circuit bench and continued to occupy it until 1832. He had already become known throughout this portion of the State. Before that, it is said, he had been a resident of Paoli in Orange County for several years. He must have changed his residence. In his practice he was neither
511
HISTORY OF DUBOIS COUNTY.
ready nor brilliant, two qualities necessary in a successful advo- cate. On the contrary, he was slow and formed his opinions only upon mature deliberation. This quality made him a good coun- selor and served him to the best advantage as a judge. As a practitioner he could never have been eminent, but as a judge he was in his proper sphere. In 1832 Hon. Samuel Hall was com- missioned judge of the Fourth Judicial Cirenit by Gov. Noah Noble.
An action that was common in the early days was for the pur- pose of establishing a dam on the creeks with the object of erect- ing mills. A writ of ad quod damnum would be directed to the sheriff of the county, ordering him to summon a jury to meet at the site of the proposed dam, and inquire into the situation of the creek, and report whether it would work a public or private in- convenience to erect a dam on the stream, and, if any damage, what and how much, and to whom. Upon a favorable report the court would grant permission to erect the dam, and it was thus that a "mill seat" was established. Divorce cases were not long in finding their way into courts. It seems that the marital rela- tions were no more pleasant than many find them in these later days, but "'twas ever thus." Another class of cases that ocen- pied much time of the courts in early years were actions for slander. These were often brought in the form of "trespass on the case," in accordance with the early methods of practice, and agreeable to the forms of the common law then in full force in this State. An occasional verdict for large damages was awarded, but the general run of the verdicts was for nominal damages, or in favor of the defendant. The dockets were filled with cases of covenant, trover, assault and battery, foreign attachment, debt. larceny, ejectment, assumpsit, bastardy, adultery, passing coun- terfeit money, perjury, forgery and an occasional murder trial.
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