USA > Indiana > Shelby County > History of Shelby County, Indiana : from the earliest time to the present, with biographical sketches, notes, etc., together with a short history of the Northwest, the Indiana Territory, and the State of Indiana > Part 52
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The first motion in the court was made by Hiram M. Curry, asking that he, with Charles H. Test, Calvin Fletcher, James Du- lany and John A. Brackenridge, be admitted to practice as attorneys and counsellors at law in this court. The record then says: " On producing their licenses from under the hands of two of the Pres- ident Judges of the State of Indiana, permitting them to practice in all the Circuit and Inferior Courts of the State," and " after be- ing duly sworn to support the Constitution of the United States
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and of the State of Indiana, and to demean themselves as attorneys and counsellors at law to the best of their understanding while practicing in this court, thereupon are admitted to practice as at- torneys and counsellors at law in this court." "The Sheriff of said county having satisfied the court that he has provided a more con- venient house than the one at which the court convened therefore it is considered by the court that they adjourn to the house of John Summers, in the county aforesaid. Now the court met and opened at the house of John Summers agreeable to ad- journment."
Hiram M. Curry was appointed Prosecuting Attorney, and the following named persons were returned by the Sheriff as Grand Jurors: Willis Law, John Oldham, Hiram H. Lewis, Reuben Penwell, George Goodrich. Abraham Jones, Lewis Hendricks, John Kenaday, Sq. Huntington, James Campbell, Benjamin Kaster, Moses Blood, James McIntire, George Cutsinger, James Davidson, Elisha Mayhew, Peter Dewett and Shubel Coy. Of these the fol- lowing appeared: Willis Law, George Goodrich, John Kenaday, Benjamin Kaster, Moses Blood, George Cutsinger and Peter Dewett. The panel was filled with the following talesmen: James Gregory, Jesse Beard, Able Cole, Henry Shearer, Zadock Plum- mer and Zachariah Collins. James Gregory was appointed fore- man, and under the charge of Jacob Fox as bailiff the jury retired to deliberate on presentments and indictments.
In the afternoon of the same day an indictment was returned against William Welch for assault and battery. This concluded the business for the first day's session of the Shelby Circuit Court. On the following day another indictment for assault and battery was returned against John Greer. There being no further business before the Grand Jury, it was discharged. On being informed by William H. Sleeth that James Wilson was a man of unsound mind, the court ordered the Sheriff to summon a jury of " twelve intelli- gent. disinterested men," and inquire into the sanity or insanity of Wilson. Upon a verdict of insanity by the jury, the court appointed John. James and Francis Walker his guardians.
The following adoption of a seal for the court is something of a novelty in the line of seals. The order reads as follows: "Ordered by the court that there be a seal devised, which seal shall be of the following description : Twenty-five cents in silver is stamped on a white piece of paper, notched around the edges with sealing-wax under."
" And now comes Abel Summers into court with a petition for tavern license. The court being satisfied with said petition, there- fore it is ordered by the court that Abel Summers aforesaid obtain
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a license for keeping tavern and retailing spirituous liquors, and that he pay the sum of $10, as a tax for said license for one year. " With commendable attention to their pecuniary interests the follow- ing allowances were made: Each Grand Juror, 75 cents per day; the Associate Judges $6 for their total services. Hiram Alldredge and Sevier Lewis, were allowed $15 for extra services in criminal causes for the year.
It was then " ordered that the court now adjourn to the house of Hiram Alldredge and stand adjourned until court in course."
So ended the first session of the Shelby Circuit Court. There was no Presiding Judge present during the term, and all the busi- ness was conducted by the Associate Judges.
The courts then were differently organized than they are now. Then one Judge who was " learned in the law " held court in a large number of counties, and in each there were two Associate Judges, elected from among the citizens, who occupied the bench with the Presiding Judge.
The second term of the Circuit Court began on the Ist day of May, 1823, at the house of Hiram Alldredge, in Shelbyville. At this time the Hon. William W. Wicks appeared as President of the Fifth Judicial Circuit, and of the Shelby Circuit Court. On his com- mission was indorsed his oath of office, to the effect that he would faithfully discharge the duties of his office: that he had not, since the first day of January, 1819, either directly or indirectly, given or accepted, or knowing carried a challenge to any person or persons to fight in single combat with any deadly weapon, either in or out of the State of Indiana, and that he will not do so during the con- tinuance of his term of office.
Those were days when dueling was yet in vogue for the settle- ment of private differences, but the tide of public opinion had set against it. A law had been passed making any person who had sent, accepted, or knowingly carried a challenge to fight in a duel ineligible to hold the office of Judge.
James Raridan, Oliver H. Smith, Philip Swatzer, James T. Brown and Abel Cole were admitted to the bar as attorneys and counsellors at law. This made a total of ten who had been ad- mitted to practice law, while but two cases were yet upon the docket. It was customory then, and continued to be so for many years afterward, for the leading attorneys to ride the circuit with the Pre- siding Judge. On the day set for the court to begin, or on the day before, the Judge, accompanied by from one to half a dozen or more attorneys, would ride into the country town, all on horseback, and with large old-fashioned saddle-bags thrown over their saddles filled with law-books. Litigants having suits in court seldom en-
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gaged their legal assistants until the lawyers came, and then made their choice. The Judge and attorneys generally put up at the same hotel, and however sharp or embittered may have been their legal engagements during the day, the evenings, sometimes extend- ing far into the night, were spent around the hotel sitting-room in the best of friendship and good feeling, which, at the close of the term, very often degenerated into a drinking bout, in which Judge, attorneys and court officers became "too full for utterance."
The two indictments against William Welch and John Greer, for assault and battery, were quashed at the request of the Prosecut- ing Attorney. The first civil cause that appears upon the docket was entitled: Thomas Lawrence, John F. Lawrence and Thomas G. Casey, partners, etc., vs. Able Cole and Moses Blood, partners, etc. The action was in assumpsit, a style of proceeding that has disappeared by that name under the code practice of the new con- stitution.
John N. Calvert, a subject of King George the Fourth, of Great Britain and Ireland, declared his intention to become a citizen of the United States.
The adoption of a new seal for the court reads, " The following devices, to-wit: around the edge the words, 'Shelby County Seal, Indiana, ' an eagle perched upon a lion, the impression of which seal is in perpetual testimony of its adoption." The seal was un- doubtedly devised by some patriotic American citizen who had not vet allowed his enthusiasm over the termination of the War of ISI2 to subside. The triumph of the American Eagle over the British Lion, is a very distinguishing feature of this early seal of the county.
The Grand Jury returned indictments against Bennett Michael Joseph Hunt and Adam Roads, for assault and battery, and one against Stephen Vail for retailing without license. The jury was then discharged with an allowance of 75 cents each.
Abel Summers applied for a writ of ad quod damnum and the Sheriff was ordered to summon a jury where Summers was building a mill on part of the east half of the southeast quarter of Section S, Township 13, Range 7, and the west half of the southwest quarter, of Section 9, same township and range, on Blue River. It was the duty of the jury so summoned to determine what, if any, would be the damage to the land owners along the banks of the stream caused by erecting a dam for the purposes of a mill. This was the. method of establishing a mill seat in the early times, but steam has done away with the old fashioned water mills to a large extent.
In the early history of the county two terms of court each year were sufficient in which to dispose of the legal business that came up for the determination of the court. These terms were held in
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May and October. At the October Term, in 1823, Daniel B. Wick, Bethuel F. Morris and Edgar C. Wilson, were admitted to the bar. Calvin Fletcher was appointed Prosecuting Attorney, and the court adopted rules governing the practices in the court. The Grand Jury returned three indictments against John Greer for larceny. On one of these he was tried by a jury and found guilty. He was sentenced to a fine of $17 and one year at hard labor in the State's Prison at Jeffersonville.
This was the first jury trial in this court, and the jurors were: Benjamin Applegate, David Brown, William Cotton, William Hef- flin, John Andrews, Jeremiah Campbell, Joseph Hewitt, Eber Lucas, Adam Roads, James Davidson, Arthur Major and Henry Gatewood. Greer was defended by Daniel B. Wick and Edgar C. Wilson. This was the first judgment imposing confinement in the State Prison. passed in the county. Shelby County justice was neither asleep nor negligent when offenders of the law were at the bar. William D. Smith and Bennett Michael, were fined for con- tempt of court, and the Shelby County Seminary Fund was aug- mented thereby.
In the first civil cause, already mentioned, between Lawrence et al. and Cole et al., the jury found for the defendants. This was also the first civil trial in this court. Greer, on being tried on one of the other indictments, was acquitted.
The next term convened in March, 1824, at the house of Benjamin Williams in Shelbyville. Williams had been licensed to keep a tavern about a year before this and the court was doubtless keeping in mind the conveniences of itself and the itinerant attor- nevs. It will be somewhat suggestive when it is remembered that the "taverns" of those days were not famous for following the rigid rules of prohibition. Gabriel J. Johnson, Harvey Gregg and Hiram Brown were admitted to the bar as attorneys.
At this term the Commonwealth of Kentucky appeared as plaintiff in a writ of foreign attachment suit against Jabe Moore, executor of the will of William Bledsoe. The cause was continued for publication which was to be made in the " Western Censor and Emigrant's Guide, a public newspaper and one of general circula- tion, printed at Indianapolis."
On the charge of begetting an illegitimate child Arthur Morgan was compelled to pay the overseers of the poor of Jackson Town- ship the sum of $4 per month.
The President Judge after some severe criticism on a portion of the clerk's records says: " The records in the order-books have been as well kept as could be expected considering the manner in which the sessions of court have holden, surrounded by noise
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and confusion and in the bar room of a tavern." This reads a little queer to one of the present day. He recommended that " a full round mechanical execution be adopted, that the good old fashioned technical language be adopted as much as possible and that particu- lar attention be paid to orthography."
The next term of the court began on the 16th day of Septem- ber, 1824, and was still held at the house of Benjamin Williams. The Grand Jury roll at that term, contains a number of names that were among the earliest as well as the most influential of the county. They were: Jacob Crick, John Wallace. Bennett Michael, Jacob Hartez, Jesse Scott, William Morris, Andrew Derickson, Joseph Allen, Ebenezer Cross. John Hendricks, Andrew Gwinn, Solomon George, David Winterrowd, Daniel French. John Foster, John Bone and Justus Farris. John Hendricks was appointed fore- man. Henry Gregg produced his commission as Prosecuting Attor- ney for the Fifth Judicial Circuit of Indiana.
The Grand Jury returned two indictments against Benjamin Williams for retailing spirits. One was for selling to David Winter- rowd, a Grand Juror. John Greer seems to have been still abroad in the land, notwithstanding his sentence to labor in the State Prison, for there are two new indictments returned against him, one for affray and one for assault and battery. This was the last term of Judge Wick upon the bench, during that term of his office.
In March, 1825, Hon. Bethuel F. Morris, assumed the duties of President Judge of the Fifth Circuit. 3 William W. Wick, Joseph Vanmatre and James Braman, were duly admitted to the bar. At this term Joseph Dawson succeeded William Goodrich as ssociate Judge.
The first divorce case appears upon the docket at this term. It is entitled: Elizabeth Johnson vs. James Johnson. Elizabeth was granted a dissolution of the bonds of matrimony and $130 alimony. In September, of that year. Chancy II. Burr was sentenced to one vear. hard labor, in the penitentiary on a charge of larceny.
Until the September term, 1827, court continued to be held at the house of Benjamin Williams, but at that time the record says it met in " the Court House in Shelbyville." In March, of the fol- lowing year, the trustees of the school in Shelbyville, were allowed $4 for court room. This would indicate that court was held in the school house. This same allowance continued for several terms thereafter.
At the March term, 1829, new rules were adopted, the last two of which read as follows: "19. When attorneys wish to en- gage in wrangling, personal abuse and recrimination, they will re- tire from the court room or submit to punishment by fine,
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imprisonment or suspension at the pleasure of the court. 20. As the court sits for the purpose of administering justice, they will with patience and pleasure listen to any argument or authority that will in the least degree aid them in the discovery of truth or the detection of fraud. But they will not unnecessarily consume the time of persons and witnesses, and increase the public as well as the individual expense by listening to mere idle declamation or popular harangues made with other views and for other purposes than the investigation of truth and advancement of justice." Both of these rules were soon expunged, most likely in accordance with indignant requests of the bar. The last rule smacks loudly of an electioneering " dodge."
In September, 1830, Lewis Barlow made proof in court neces- sary to obtain a pension under the United States laws for Revolu- tionary soldiers. This law was passed in ISIS, and provided that the poor persons who had been in the service during the Revolu- tion, that were without property or other means of support, could obtain a pension by making the proper proof in a court of record. He must have two persons make the affidavits with him, at least one of which should be a minister of the gospel. They were re- quired to schedule all their property and to state the number of persons in their family that were dependent upon them for support.
Miscellaneous Items. - In March. 1831, Cyrus Fultz was sentenced to one year in the Penitentiary, on a charge of larceny. At the same term Stephen Major declared his intention to become a citizen of the United States, and renounced his allegiance to the King of Great Britain. He was a native of Ireland, born March 25, ISIO, and came to America in 1829. He was certified of re- cord a few days later as a man of good moral character, a proceed- ing that was necessary then before he could be admitted to the bar as an attorney.
The jail bounds for the county were limited to the inlots of Shelbyville. In March, 1832, Sylvan B. Morris succeeded Hiram Alldredge as County Clerk. Barnet Snider, on a charge of assault and battery, with intention to commit a rape, was sentenced to two years in the State Prison at hard labor. At a special session held in January, 1834, John Ryan was convicted of larceny, was fined $100, and given six years in the Penitentiary. In September, 1834, a judgment was rendered in favor of Homer Brooks against Samuel Brown and Noah Noble. The last was Governor of the State. A little later than this the publication of notices was made in the Indiana fournal. In August, 1841, the Lawrenceburg, Indianapolis Railroad Company was party to a number of cases for obtaining the right of way over property. This was the first
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Railroad litigation in the county. Joseph Montgomery was con- victed of larceny, and sentenced to seven years' hard labor in prison, fined $50 and disfranchised for ten years. Daniel Hartly received a verdict ofthree years and $25 for burglary.
Judge Morris had been succeeded by Judge Wick, in 1835, and the latter by James Morrison, in August IS39. These, of course, were the President Judges.
At the February Term, 1843, Hon. William J. Peaslee assumed the duties of President Judge of the Fifth Judicial Circuit. His associates on the bench were, Fra Bailey and Thomas Cotten. The term began on Thursday, the 16th of February, and among the pro- ceedings of that day appears the following record:
" On motion of Mr. O'Neal, Edward Lander, Thomas A. Hen- dricks and James Harrison, are admitted attorneys and counsellors at law at the bar of this court; and the said Edward Lander, Thomas A. Hendricks and James Harrison, here now in person, take the several oaths required by law as such attorneys and counsellors at law."
Such is the simple record of admission to the bar of one of America's foremost men, Thomas A. Hendricks. Lander and Harrison, who were admitted at the same time, were also residents of Shelbyville. James Harrison is vet a practicing attorney at this bar. None could come more prominently into public favor as an advocate, and the records show that from the beginning he was one of the foremost lawyers of the county.
In February, following. he was appointed by the court to de- fend criminals who were too poor to hire an attorney. The first one that appears of record was against John Thompson, who was sentenced by a jury to thirty days in the County Jail, a fine of one cent, and was disfranchised for one year. For defending in this case, the court allowed him $10.
At the August term, 1846, the following record appears:
" And now comes into open court, Abraham T. Hendricks, and resigns his appointment as Examiner of Common School Teach- ers. And thereupon the court appointed Thomas A. Hendricks, M. G. Reeves and Nathan Powell, Examiner of Common School Teachers for Shelby County."
It is probable that this is the first public office to which he was ever appointed, and how he gradually ascended to the highest place, in the estimation of a mighty people, is familiar to even the school boys of the land. An extended biographical sketch of Mr. Hen- dricks, appears in this volume in another place.
The first indictment for murder, returned by a Shelby County
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Grand Jury, was probably one against Joseph Gonzales at the August term, 1850. The fact that twenty-eight years of the county's history passed away without a crime of this kind, is high evidence of the character of the early settlers that came to Shelby County. There had been a few indictments for assault and battery with intent to kill, but the defendants were each time acquitted of the intent. But the old saving, that misfortunes never come singly, seems to have been verified at that time, for a large number of in- dictments followed this in rapid succession. An acquittal followed in each case except that against George Bixler, who was found guilty of murder in the second degree, or rather manslaughter, and was sentenced to two years in the penitentiary. In August, 1845, the Grand Jury seems to have been a specially virtuous one. At that time there were returned seventy-two indictments for gaming, seven for assault and battery, four for affray, besides a number of others for violating the liquor law and disturbing lawful assemblies.
Judge Peaslee continued to preside in the Circuit Court until 1850, at the expiration of his regular term. In February, of that vear he was succeeded by Judge Wicks, who thus for the third time became President Judge of the Shelby Circuit Court. Judge Wicks remained upon the bench until the new constitution brought about a complete change in the Indiana Judiciary.
Character of Early fudges .- At this point it will probably be well to take a retrospective view of the early judges that presided in the Shelby Courts. The new constitution marks a distinctive era in the judicial affairs of Indiana, and a pause can properly be made here to take a farewell view of those early ministers of jus- tice in the country.
William W. Wicks, who was the first President Judge of the Circuit, then known as the Fifth District, was for many years a resident of Indianapolis. Few men were better adapted to the impartial administering of justice than Judge Wicks. His mind was well stored with the principles of law, and he possessed the faculty of applying the law to any combination of facts, no matter how intricate, with almost unerring accuracy. Ilis intellect was of the highest order, and this combined with the unusually fine physique which he possessed, made him a man of irresistible qualities. During his time he was one of the leading men of the State. For a time, it is said, he held the office of Postmaster at Indianapolis. Late in life he moved to Franklin to make his home with a daughter, where his death occurred.
The next Judge was Bethuel F. Morris, who was also a resident of Indianapolis. Although not considered quite so able a man as
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his predecessor, he is yet remembered by the earliest attorneys as one of superior ability, and an ornament to the bench he so long occupied.
James Morrison first assumed the duties of Judge in the Shelby Circuit Court at the August term in 1839. Like his predecessors, he too lived in Indianapolis, where he took high rank as Judge, business man and citizen. He was an accomplished gentleman, an able lawyer, and a superior Judge. For a considerable time he is said to have been President of the old State Bank, which was one of the best conducted institutions of its kind in the United States in its day.
When in February, 1843, William J. Peaslee became President Judge, Shelby County, for the first time, was honored with the res- idence of its highest judicial officer. At that time he had been practicing at this bar for a period of ten years during which he was a constant resident of Shelbyville. He had acquired an extensive practice for that day, and that, too, in opposition to the more weighty and successful practitioners from Indianapolis, and other points, who "rode the circuit " as was the custom then. Judge Peaslee remained upon the bench until 1850. During his term the business of the courts in this county rapidly increased and from two terms a year the number was increased to four. As a judicial officer he was not above the average. His mind was of that active kind that nearly always took a position on every question at the first statement of it. In consequence of this his decisions were often partial without any intention on his part that they should be so. He was a man of strong convictions and his ideas were freely and publicly expressed. The natural bias of his mind contributed to make him a better advocate than Judge. After retiring from the bench, he again resumed the duties of practice and continued that for several years. He later took up his residence at another place, but late in life returned to the scene of early successes.
The third term of Judge Wick in this county, immediately suc- ceeded that of Judge Peaslee. Under the old constitution the Cir- cuit Judges were elected by the Legislature, and at that time there was considerable talk of electing Thomas A. Hendricks to the place in this circuit. But Judge Wick was too well and favorably known to be easily defeated. His abilities, too, in that direction had been tested while there was probably some hesitancy in trying the somewhat youthful attorney. Judge Wick remained upon the bench until the ratification of the new constitution.
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. Hith-
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erto 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 contrary," 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 became reconciled to the change, while some even went so far as to abandon the practice altogether.
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