USA > Indiana > Posey County > History of Posey County, Indiana > Part 16
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John Law was a native of New England. He lived at Vincennes for a while but later moved to Evansville. He had a splendid education and as a lawyer was the peer of any in this part of the State. He served as circuit judge and was for a time a member of Congress.
General W. Johnson was also a resident of Knox county and one of its most prominent men. He had an exceptionally good education.
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Amos Clark, of New Harmony, was very successful with a jury, but his ability as a lawyer was not of the highest type. For a time he was engaged in merchandising in New Harmony and moved to Evansville later in life.
At the March term, 1820, James R. E. Goodlett produced his com- mission as presiding judge. It was signed by Governor Jonathan Jen- nings and dated at Corydon, Ind. At this term Charles I. Battell was appointed prosecuting attorney and ex-Judge Hart was admitted as an attorney and counsellor-at-law. James Rankin and Thomas Givens were associate judges at that time.
At the June term, 1821, Charles I. Battell was appointed master in chancery and the first decree of divorce was granted. The parties were Elizabeth Hirons vs. Samuel C. Hirons.
In these early days the judicial district was very sparsely settled and embraced several counties. We find that in 1830 the following coun- ties were embraced in the circuit: Crawford, Perry, Spencer, Dubois, Warrick, Pike, Gibson, Vanderburgh and Posey. As the country was without railroads the lawyers and judges traveled from court to court on horseback, with change of linen in their saddle bags.
In 1832 Hon. Samuel Hall became presiding judge of the circuit and the associate judges were Andrew Cavitt and Samuel M. Reynolds. Judge Hall possessed a profound knowledge of law, but as a practitioner he was not above the ordinary.
Among the lawyers in the decade of the '20s was John Pitcher, who soon came to be known as one of the ablest lawyers in the State. He was well educated and a very close student in the law. He possessed that rare faculty-a quick comprehension of a case in all of its bearings. His judgment was nearly always correct, and he was regarded as a very safe counsellor. Mr. Pitcher was also a ready impromptu speaker and seemed to possess an inexhaustible supply of bitter or withering sar- casm, which was always at his command. With his forcible speaking and his deep impassioned sentiment, he at times became so eloquent as to carry both jury and audience with him. As an attorney he was in great demand as an ally, and dreaded as an adversary. He was prose- cuting attorney early in the '30s and was the first judge of the common pleas court, ascending to the bench in October, 1852, and continuing till November 5, 1866. He was a resident of Mt. Vernon till his death at an extreme old age.
Ebon D. Edson was admitted to the bar at the August term, 1829, and continued to practice for many years, locating in Posey county about the same time. He remained in the county until his death, March 4, 1846. He was county treasurer from 1837 to 1839, and later was prosecuting attorney. He had a better education than most members of the bar in his time and was a very able lawyer and a fluent and elo-
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quent speaker. He was a representative in the legislature and was one of that body's most distinguished members.
George S. Green was another of Posey county's distinguished lawyers. He was a graduate of West Point, but upon leaving there he became a disciple of Blackstone, and in a short time passed a creditable examina- tion before the Supreme Court of Indiana and was admitted to practice in that court in November, 1829. He was one of the best educated and most polished members of the Posey county bar and established a reputation among the ablest lawyers of the State, and no one was more highly respected and esteemed by the people of Posey county. He was elected representative in the legislature and held several im- portant positions of trust. He had an excellent command of language, a remarkable memory, and enjoyed an extensive practice. He died in Mt. Vernon September II, 1857.
During court, March 7, 1834, Judge Samuel Hall occupied the bench as circuit judge and ex-Judge James R. E. Goodlett was employed as an attorney in a case and during the trial he disputed in a very insolent manner the ruling of Judge Hall, who thereupon ruled Judge Goodlett to show cause why he should not be fined for contempt of court. On the following morning William T. T. Jones, anticipating trouble and knowing the violent temper and fiery disposition of Judge Goodlett, walked up to Judge Hall while he was on the bench and in a skillful manner dropped a silken handkerchief containing in its folds a dangerous weapon in the form of a dagger such as was carried in those days. A few moments later Judge Hall informed Judge Goodlett that it "would be in order for him to show cause why he should not be fined for con- tempt of court." "I will show cause now," exclaimed Judge Goodlett, at the same time springing to his feet and attacking Judge Hall as he sat upon the bench. Judge Hall made furious thrusts at him with the dagger and at one of the thrusts would have stabbed him had he not been jerked backward suddenly by the sheriff, William James, an act which in all probability saved Judge Goodlett's life. After the excite- ment had abated a fine of $50 and imprisonment in the county jail for thirty days was imposed. Judge Goodlett stayed in jail very little of the time and in a short time brought suit against Judge Hall for false imprisonment. The case was taken to Vincennes but was withdrawn ' before it ever came to a trial.
Judge Goodlett seems to have been the aggressor in this matter throughout. He seems to have incurred the enmity of the bar while he occupied it from 1820 to 1830, and the lawyers, irrespective of politics, worked with all their might to defeat him. The result of their efforts was that his opponent, Samuel Hall, was appointed by the gov- ernor. Judge Goodlett seemed to harbor a very bitter and resentful feeling against his successor. The indignation of the members of the
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bar of the county was aroused by this act of one of the legal fraternity to the extent that expression of their sentiment was embodied in the following document, which was placed upon the records of the court :
"The undersigned, members of the bar of Posey County Circuit Court, feeling highly indignant at what they consider a most flagrant outrage upon every principle of order and decorum, as well as individual rights, in the late conduct of J. R. E. Goodlett, one of the members of said bar, ask leave to express their abhorrence of such conduct by spreading the following resolution upon the memorials of this court:
"Resolved, that the attack by James R. E. Goodlett, a member of the bar of the Posey Circuit Court, last evening, upon the Hon. Samuel Hall, while on the bench and in the faithful and impartial discharge of his duty as a judge, and a repetition of the same act this morning, is, in their opinion, without parallel in the history of our judicial proceedings ; and for the honor of our country, our social, judicial and political insti- tutions, they hope such may never occur again. They more regret the circumstance from the elevated station which the offender has held in the community, and deem it their duty thus to express their abhor- rence and indignation at such conduct." [Signed] Amos Clark, E. Embree, E. D. Edson, J. Lockhart, W. T. T. Jones, John Pitcher, R. Daniels, C. I. Battell, George S. Green.
Judge Goodlett followed the law for some time after this, but he was not an able practitioner. He lacked that faculty of readiness and alac- rity so essential before a jury.
At the September term, 1835, Charles I. Battell succeeded Judge Hall upon the bench. He had been a resident of Posey county for several years and lived at Springfield, while the county seat was located there. He was a fairly well educated man but was not a fluent speaker. He was perhaps more noted for his absent-mindedness than anything else. His service on the bench was of short duration, he being succeeded in March, 1836, by Elisha Embree, of Princeton. Judge Embree was a man of considerable ability, made a good impression and had many friends. He was presiding judge for ten years and after that was elected to Congress.
Judge Embree's successor was James Lockhart, of Evansville. He was a successful lawyer and had been prosecuting attorney. He resigned about the time of the adoption of the new constitution and was sent to Congress from this district.
Alvin P. Hovey, of Mt. Vernon, was appointed by Governor Wright to fill the vacancy May 31, 1851. Mr. Hovey had been a delegate to the convention that framed the new constitution for Indiana in 1850. He had studied law in the office of Judge John Pitcher while that gen- tleman was in the full vigor of his intellect. At the time he was admit- ted to the bar Posey county bar was represented by some of the ablest
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lawyers in its history, and among these he became eminently successful as a practitioner. He was fearless and energetic, and the cause he advo- cated was always backed by a thorough knowledge and comprehension of all its bearings. As a judge his ability was of a high order, possessing the ability to grasp the intricacies of law in such a manner as to solve them in harmony with justice. He retired from the bench in 1854 and soon after became a member of the Supreme Court of Indiana. For more than thirty years he was one of the most conspicuous men of the State and during the Civil war his patriotic devotion to the cause of the Union was excelled by none. He acquired the rank of Major-Gen- eral.
Hon. William E. Niblack, a young lawyer of Martin county, succeeded him upon the bench in May, 1854. In spite of his lack of experience and legal learning, Judge Niblack, with the aid of his extraordinarily good common sense, soon came to be regarded as a very good judge. His kind, affable, honest and upright disposition made him many friends and after leaving the bench he was elected to Congress.
Ballard Smith was appointed to fill the vacancy occasioned by the resignation of Judge Niblack March 29, 1858. Judge Smith was a very polished and well educated gentleman and an able and brilliant lawyer. He was succeeded by M. F. Burke, of Daviess county. Judge Burke was a lawyer of considerable ability, a ready and eloquent speaker, and possessed an abundance of resource.
In September, 1859, William F. Parrett was appointed to fill the vacancy caused by the death of Judge M. F. Burke. Judge Parrett served until March, 1869. His successor was James G. Jones, a very able lawyer and chancery solicitor, whose extraordinary ability won for him the office of attorney-general of the State.
In April, 1871, David T. Laird succeeded him. Posey county was then a part of the Fifteenth Circuit. Judge Laird was not a man of extraordinary ability, but was regarded as a good judge and an hon- orable and upright man. A change in the judicial district by an act of the legislature deposed him and William F. Parrett was appointed by Governor Hendricks to the position in March, 1873. It is probable that he possessed more ability and was more satisfactory as a judge than any of his predecessors. He occupied the bench until January I, 1889.
Judge Parrett was succeeded by Robert D. Richardson, who was regarded as a very able man and was eminently satisfactory to the bar. He was appointed to the position by Governor Isaac P. Gray December 31, 1888.
Judge Richardson was succeeded by Oscar M. Welborn August 12, 1895. Judge Welborn was also an able man and had a large number of friends. He was succeeded by Herdis Clements October 25, 1909.
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Judge Clements, the present incumbent, is a young man of exceptional ability and by his upright and affable manner has made a host of friends and well-wishers.
The adoption of a new constitution for the State of Indiana, framed in 1850, resulted in a radical change in the courts of the State. The associate judges were dispensed with, as were many of the old common law proceedings. A new code was established in May, 1853. The old and familiar John Doe and Richard Roe, having outlived their useful- ness, were buried beneath reform in pleading and in practice. The new law required that every cause should be prosecuted by the real party in interest, and upon the real party complained of. With the abolition of the mythical personages of John Doe and Richard Roe as plaintiff and defendant, and a modification and simplification of many of the legal terms of the old times, much of the old common law faded away and became matters of history. Many of the old practitioners regarded the change as sacrilegious and never became reconciled to the change, but there is little doubt that the practice of law in Indiana has been greatly improved, and litigation has been directed to smoother channels by legislation.
The associate judges under the territorial government had jurisdic- tion in probate matters, but soon after the organization of the State government, a separate probate court was established, with a judge in each county, which continued under occasional modifications until the court of common pleas was established. Probate matter was trans- ferred to that court and the probate court ceased to exist.
The common pleas court had original jurisdiction of all that class of offenses which did not amount to felony, except those over which the justice of the peace had exclusive jurisdiction. Under certain restric- tions this court had jurisdiction over felonies where the punishment could not be death, and in no case was the intervention of a grand jury necessary.
In all civil cases except for slander, libel, breach marriage, action on official bond of the State or county offices, or where the title to real estate was involved, the common pleas court had concurrent juris- diction with the circuit court where the sum or damages due or de- manded did not exceed $1,000, exclusive of interest and cost, and con- current jurisdiction with justices of the peace when the amount involved exceeded $50.
The first common pleas court held in Posey county was on January 3, 1853. John Pitcher was judge and held the position until November, 1866. A. L. Robinson was his successor and held the office one year. He was succeeded by Morris S. Johnson. He died in office and Wil- liam P. Edson was appointed to the position in November, 1871. He held the office one year and John B. Handy became judge and contin- ued until March 12, 1873, when this court was abolished.
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The McClure will case was perhaps the most important civil cause tried in Posey county. It involved the question of the validity of the will of William McClure. Mr. McClure was one of the residents of New Harmony in the days of Robert Owen. He was a man of great wealth in his day, owning a large amount of property in various parts of the county, as well as in Pennsylvania, Spain and other parts of the world. He was the founder of several institutions for the cause of education.
While in Mexico for the purpose of regaining his health he made his will. This was in January, 1839. The will provided that his brother and two sisters, Alexander, Margaret and Anna McClure, should have the use of all his property in and around New Harmony during their lifetime, and that after their death the property should "be applied for the diffusion of useful knowledge and instruction amongst the insti- tutes, libraries, clubs or meetings of the working classes, or manual laborers, who earn their bread by the sweat of their brow, agreeable to the instruction and directions which shall be inserted in a codicil to this will." After granting several annuities and disposing of some other matters, the will closes by saying that upon the termination of these annuities they shall be added to the joint "funds or property that may remain in any part of the world," after his death, to be appropriated as above set forth, but the charity was confined to the United States. Alexander McClure was appointed executor and for some reason acted upon the presumption that so far as charity was concerned, the will was null. He sold a large amount of property and converted the pro- ceeds to his private use. William McClure died in Mexico about a year after he made his will, and Alexander McClure died during the time the case was in progress. Alvin P. Hovey was appointed to carry out the intentions of the will. He collected what property he could and distributed it among the working classes in the form of libraries. He disposed of about $150,000 in this manner. Most of it went to the State of Indiana, but some was distributed in Ohio, Kentucky, Illinois and other States. Every county in Indiana received a portion. Books were scattered among a class of people who were too poor to buy them, as books at that time were far more expensive than now, and the good accomplished in this way was immeasurable. The will was carried to the supreme court and there it was sustained in every detail.
The following attorneys were active and prominent members of the Posey County Bar :
John Pitcher, Alvin P. Hovey, William Harrow, Harry Pitcher, E. M. Spencer, Milton W. Pearse, William P. Edson, William Loudon, William Hoggatt, James H. Laird, Leroy Williams, Daniel O. Barker, John W. Spencer, Leroy M. Wade and Charles Spencer.
Among the most active practitioners at present are: G. V. Menzies,
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Fred P. Leonard, Walter Jackson, James Kilroy, William Espenschied, George William Curtis, Roscoe U. Barker, James H. Blackburn, George C. Taylor, Lucien Hayden, Jesse E. Wade, Silas G. Howard and James S. Kilroy.
CHAPTER X.
THE MEDICAL PROFESSION.
By David W. Welch, M. D.
Dr. David Krausgill was born in Harrison county, Kentucky, in 1848, son of Philip and Mary (Keller) Krausgill. He grew to manhood in his native county and when sixteen years old enlisted in the Thirteenth In- diana cavalry, serving from March 14, 1864, to December 4, 1865. After the war he attended school at Orleans, Ind., for three years, and taught school for four subsequent years. He then commenced the study of medicine and graduated from the Medical College of Ohio in 1879. He began the practice of medicine in Francisco, Gibson county, Indiana, and after two years removed to Wadesville, Ind. He remained in Wadesville several years, attaining a large practice, then went to Terre Haute for a while, thence to the northern part of the State. The writer has been unable to secure further details. He can only add that from personal knowledge the doctor was a skilled physician and an estimable gentleman. He died a few years ago.
Dr. T. J. Hall, of Caborn, Ind., was born March 15, 1862, in Harrison county, Kentucky. He was a son of Volney and Nancy (Oder) Hall. His early life was spent on the farm, attending the district schools at intervals. Later he attended school at Lebanon, Ohio, after which he taught in the public schools for a few years. He took his medical degree at the Cincinnati School of Medicine and Surgery, graduating March 22, 1892, at the age of thirty years. He began the practice of medicine at Springfield, Ind .; afterwards spent some time at Grafton, and practiced awhile at Mt. Vernon. In the summer of 1889 he took a special course in the diseases of the eye, ear, nose and throat, in New York City. He located in Caborn, Posey county, in 1897, and has resided there ever since. He was married to Miss Lena Kuhn, of Farmersville, Ind., in 1896. One son, Morris, has blessed this union.
Dr. George C. Smith was born January 15, 1864, on the old home- stead two miles east of Poseyville, Ind. He is the fourth of a family of eight children, born to John C. and Lavina (Robb) Smith. Dr. Smith received his literary education in the Posey county common schools, at the Northern Indiana Normal School, at Valparaiso, and at Indiana
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University at Bloomington. After three years spent in teaching at Poseyville and Stewartsville, Ind., he began the study of medicine. His professional education was received at Jefferson Medical College at Phil- adelphia, where he graduated in 1891. He was married April 29, 1891, to Miss Etta McReynolds, youngest daughter of Samuel M. and Eliza- beth (Young) McReynolds. One son, Bertram C., was born to them November 3, 1893. He began the practice of medicine at Cynthiana, Ind., in August, 1891, and on July 13, 1893, he removed to Poseyville, Ind., where he has since resided with the exception of a residence of fifteen months in Colorado Springs, Colo., in 1901 and 1902. Dr. Smith is actively engaged in the general practice of medicine. In addition, he is actively interested in agriculture, as the owner and manager of farm lands.
Dr. Richard Smyth was born in Ireland, April 28, 1830, and he had an Irishman's wit and grit. He was one of fourteen children born to Thomas and Susan (Dudgem) Smyth, who came from the Emerald Isle in 1839. They located on a farm in Gibson county, where the father died a few years later. Dr. Smyth grew up on the home farm and se- cured a good education in the Princeton schools. When sixteen years old he went to Evansville and worked in a drug store for several years. He attended the Evansville Medical College and graduated in 1852. He lo- cated in Wadesville, Ind., and practiced his art until 1864, then removed to Princeton, Ind., and practiced his profession there till 1878, when, on account of failing health, he moved to Kansas. In 1881 he returned to Posey county and located in Mt. Vernon and practiced with marked success. He was married twice, first to Jane Hunter, in 1853, who died a year later; in 1854 he was married to Maria Pitts, who is still living. Having secured a competence and his health failing, he removed to Princeton, Ind., in 1898, where he lived in retirement until his death, which occurred in the year 1904. He was a member of the pension ex- amining board, which met in his office at Mt. Vernon, Ind., during Har- rison's administration. "After life's fitful fever, he sleeps well."
Dr. Claude L. Rawlings was born in New Harmony, Ind., April II, 1880. He is the son of Dr. Sam Rawlings, one of the old physicians of New Harmony, consequently Dr. Claude has breathed a medical atmos- phere from childhood. He graduated from the Mt. Vernon High School in 1898, and was a student of DePauw University one year. He grad- uated in the medical department of Washington University in St. Louis in 1903. Afterwards he was interne in the St. Louis Female and City hos- pitals, then returned to his native town, the modern "Athens on the Wabash," and began the practice of his profession in 1904; and has re- sided there ever since. He was married to Miss Catherine Barnes, of St. Louis, in 1905. To this union have been added three children, two boys and one girl. Since the doctor is young, industrious, intelligent and ad-
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mirably equipped by education, training and association for his calling, his friends-and they are numerous-may well predict for him a large measure of success.
Dr. John B. Weever, who, while he lived in Posey county, was the most popular physician therein, was "to the manner born," his father be- ing a physician of note. He was born in Hallowell, Me., September 25, 1836, one of seven children born to Dr. Charles S. and Mary (Trafton) Weever, natives both of Maine. Dr. Charles Weever, the father of John B., came to Indiana in 1837 and located at Evansville, Ind., where he practiced his profession and held the chair of Professor of Anatomy in the Evansville (Ind.) Medical College for one year, and then came to Mt. Vernon, where he died April 21, 1862. Dr. John secured such educa- tion as could be had in the common schools of the city where he resided. At the age of fourteen he attended a full course of lectures in Evansville, Ind. He continued his studies until he was nineteen, when he entered the Jefferson Medical College at Philadelphia, graduating in 1858. He was for a while in the office of old Sam Gross, the "Father of American Surgery." After receiving his degree he came to Mt. Vernon and practiced with his father until the death of the latter in 1861. In December, 1862, he mar- ried Miss Emma Slocum, an accomplished young lady of Carmi, Ill. They became the parents of seven children, three of whom are now living. In the year 1886 he removed to Evansville, Ind., where he still lives, and though he is seventy-seven years of age, still practices his profession. He is a member of the County, State and America Medical associations. The doctor is tall, straight, broad-shouldered, apt at repartee and noted for the ease, grace and graciousness of his manners and his courtesy to the younger members of the profession. May he long continue to live and practice the profession of which he is an ornament.
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