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 53
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One distinctive feature of the change was the abolishment of the office of Associate Judge. This was an office more for orna- ment than for utility. The Circuit Judge then held court in several counties, and in each he was assisted by two Associate Judges, who resided in the county. They were men that seldom, if ever, had any knowledge of the law and their decisions usualy fol- lowed in harmony with the President Judge. At this time, how- ever they folded away their ermine and took their final leave of the Indiana courts, leaving the task of supporting the scales of justice to a single judge.
John Doe vs. Richard Roe. - The present, code practice in In- diana, has been in operation since May 9, 1853. Under the old system mamy relics of feudal times were still lingering. Several fictions of the ancient common law were still retained, but under the new code the methods of pleading were much simplified and the fictions were all abolished. Thenceforth all actions were to be prosecuted and defended in the names of the real parties. It was at that time that the famous mythical personages John Doe and Richard Roe were forever banished from the courts of Indiana. These were ficticious plaintiffs and defendants that were used in all actions to recover the possession of real property. This common law action of ejectment originated about the beginning of the four- teenth century on account of " the thousand niceties with which real actions are harrassed and entangled." The readiness with
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which John Doe always came forward to assert the alleged right of the man out of possession, and the equal promptness of Richard Roe to maintain that the man in possession was the lawful owner, were such as to command the devotion and sincere attachment of all true lovers of the old system. It was with deep regret that the old practicioners took leave of these knights errant of the common law.
The first term of court under the new constitution held in Shelby County, began in April, 1853, with William M. McCarty, as Judge. Mr. McCarty was a resident of Brookville, in Franklin County. His ability as a Judge can hardly be estimated, as he held the office in this county but a short time, less than a year. As an advocate, he sustained the reputation of a good one, but it is not every good advocate that makes a good Judge.
Reuben D. Logan became the successor of Judge McCarty, in this county at the October term, 1853. His home was at Rush- ville, where he had earned the reputation of being a good practi- tioner. It was Judge Logan upon whom really fell the task of re- organizing the courts in this district, according to the new code practice which went into operation on the 9th of May, 1853. This was a matter of some difficulty. The old style of pleading was what had been learned by all the lawyers and it was not an easy thing for them to immediately accommodate themselves to the new conditions. Some of the older members. of the bar do not remem- ber Judge Logan as a man of more than ordinary ability, yet the fact that he continued to preside in this court until 1866, is strong evidence of his having been a man of much force of character. His was the longest term ever held by any Judge in Shelby County.
Jeremiah M. Wilson was the seventh Judge of the Shelby Cir- cuit Court. His first term in this county began in April, 1866. At that time he lived in Connersville. In Judge Wilson, it is prob- able that Shelby County had the ablest Judge that has ever been upon her circuit bench. He was exceedingly kind and courte ous to both attorneys and litigants, and in those qualities which go to make a man popular, he was unexcelled. His knowledge of the law was profound and his faculty for applying it to any given case, no matter how perplexing, contributed to make him one of the ablest Judge in the State. Another, who is thoroughly competent to decide, has pronounced him the best Judge Shelby County has ever had. He is now residing in Washington, D. C., and is a member of one of the leading law firms of that city.
Samuel P. Oyler, who succeeded Judge Wilson, and who was his opposite in almost every particular, held his first term in this county in October, 1869. Judge Oyler was not liked by the mem-
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566
SHELBY COUNTY.
bers of the bar, and he was an unpopular official. He possessed a rough exterior and was gruff in manners. He had fair ability as a lawyer and his decisions were, in the main, correct and fair. He is yet living at Franklin, where he is esteemed for his uprightness and integrity.
David D. Banta was the next Judge upon this bench and began his duties here in October, 1870. He, too, is a citizen of Johnson County, and resides in Franklin. As a Judge, he was well liked by the members of the bar, and his decisions were fully up to the standard of the Circuit Judges. He is a good advocate and a for- cible speaker.
Kendall M. Hord has been Judge of the Shelby Circuit Court since its October term, 1876. He is the second person from Shelby County who has been called to perform the duties of that high po- sition. His term of eleven years is already second in length only to that of Judge Logan, and bids fair to exceed the thirteen years of the latter. Judge Hord has many qualities that fit him for the bench, and a few that militate against him for such a position. His legal learning is adequate for the place he holds, and his capacity for the work is large enough when properly exercised, and he can be even expeditious. He is somewhat oscillating in arriving at his decisions, but his judgments stand the test well in the higher courts. As a public speaker he is good. and this combined with his aggres- siveness, would render him strong as an advocate. He has a special taste for politics, and had his attention been turned in that direction, would doubtless have occupied high official positions that result more directly from the politician's skill, long ere this. His social qualities are of a high order and his friends are numerous. The reputation he has earned in his present capacity is surely grat- ifying and one that might well be emulated.
The Common Pleas Court. - At its establishment the Court of Common Pleas was given exclusive jurisdiction of probate matters, and the old Probate Courts were abolished. This was another of the changes which the new practice brought about. It had the jurisdiction of all that class of offenses which did not amount to a felony, except those over which Justices of the Peace had exclusive jurisdiction. State prosecutions were instituted by affidavits and information. Under certain restrictions this court had jurisdiction over felonies, where the punishment could not be death, and in no case was the intervention of the Grand Jury necessary. In all civil cases, except for slander, libel, breach of marriage contract, action on official bond of any State or county officer, or where the title to real estate was involved, this court had concurrent jurisdic- tion with the Circuit Court, where the sum of damages due or de-
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manded did not exceed $1.000, exclusive of interest and costs. It also had concurrent jurisdiction with Justices of the Peace, where the sum due or demanded exceeded $50. When the court was organized appeals could be taken from it to the Circuit Court, but that right was afterward abolished, but appeals could be taken to the Supreme Court, and its jurisdiction was from time to time en- larged. The Clerk and Sheriff of the county officiated in this court as well as in the Circuit Court, and the judge was ex officio judge of the court of conciliation. This last had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and bat- terv, and false imprisonment, and extended to questions of recon- ciliation and compromise only. No attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867.
The first term of the Common Pleas Court in Shelby County, began on Monday, the 3d day of January, 1853. Hon. James M. Sleeth was Judge. The first act of the court was to adopt a seal. The order read as follows: "It is ordered, adjudged and decreed by the court that the seal of this court shall be a circle of one and five-eighths inches in diameter, with the words engraved on the margin, Shelby County Court of Common Pleas, Indiana, with a device of the Godess of Liberty and thirteen stars inclosed in the centre."
Judge Sleeth was then and is now a citizen of Shelbyville. He was admitted to practice at this bar in 1842, and is now the oldest resident attorney in Shelby County. As an active practitioner and advocate he was not conspicuous, but his knowledge of law was good, and in this particular was qualified for the duties of Common Pleas Judge. His term of office expired in 1861. Prior to this Judge Sleeth had held several responsible positions, and was a member of the first Legislature that met under the new constitu- tion, and upon which devolved so great a responsibility in reorgan- izing the laws of the State. Since retiring from the bench he has almost wholly abandoned the practice, although in earlier years his practice was quite extensive.
George A. Buskirk succeeded to the Common Pleas Bench in this county at the March term, 1861. He was a resident of Mon- roe County. His attainments were all that could be desired in that position. He was a man of broad intellect, of commanding pres- ence and a genial man among men. He remained upon this bench
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SHELBY COUNTY.
four years, and was then succeeded in March, 1865, by another Shelby County man.
Oliver J. Glessner had been practicing law at the Shelby County Bar for several years when he was called to assume the duties of Common Pleas Judge. His reputation as a skillful at- torney and an able advocate, gave promise of an enviable career upon the bench. His mind, however, is not one that is well adapted to the trials of a Presiding Judge in a court of justice. His positions upon intricate questions of law were uncertain. Judge Glessner is pre-eminently at home with any combination of facts before a jury. He possesses the qualifications necessary to make a jury see the case in a convincing light from his own standpoint. This alone renders him powerful before a jury, and an adversary which the ablest may well fear in an open contest. He is yet in the enjoyment of an extensive practice.
The next to occupy the Common Pleas Bench was Thomas W. Woollen, whose fame is co-extensive with the boundary of the State as an able and efficient jurist. His first term in this county was in November, 1868. It is needless to say that he was a good Judge. He afterward served one term as Attorney-General of the State with marked ability. His home is at Franklin.
Richard L. Coffey was the fifth and last of the Common Pleas Judges in this county. He began here in November, 1870, and re- mained upon that bench until the court was abolished in 1873, his last term occurring in March of that year. He was a resident of Brown County, and as a Judge he was but moderately successful.
Resolutions of the Bar, etc. - The following resolutions and other items of interest were gleaned from the records of the Circuit Court in reviewing them briefly :
April 15, 1865: On motion of E. H. Davis, Esq., seconded by Hon. M. M. Ray, the following resolutions were spread of record, viz. :
WHEREAS, Telegraphic communications announce a great Na- tional calamity in the assassination of the President of the United States, as well as the attempted assasination of the Secretary of State of the United States. This bloody tragedy must inspire ev- ery American citizen with emotions solemn as death and boundless as space, working conviction upon their minds that the time has arrived when personal safety is no longer known or recognized, and
WHEREAS, We, as Americans and Union loving citizens, feel that we are called upon to mourn and deeply deplore this great Na- tional calamity and crime against humanity, and that we may calmly reflect upon our condition in view of the surrounding circumstances; be it
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Resolved, That this court will now adjourn until Monday next at one o'clock P. M.
Francis M. Conner, an attorney of this court, died in September, IS70. The bar met and made suitable arrangements for the fun-, eral and passed appropriate resolutions. These were spread upon the record at the October term following.
John L. Montgomery, who had been practicing at the Shelbyville bar for several years, died in March, 1871, and again the bar were called upon to express their sorrow by resolution. The record for the April term, 1871, contains those resolutions.
On the 25th day of October, 1875, the bar met and passed resolutions on the death of Cyrus Wright, who had been practicing at the bar since August, 1842.
The death of William Z. Conner, in September, 1877, was a great loss to the Shelbyville Bar, appropriate resolutions were passed by the attorneys at a special meeting held for that purpose. They were spread on the records upon the assembling of court in October.
At a meeting on the 14th of January, 1879, the following reso- lutions of the Bar of Shelby County were passed:
" Resolved, That the communication published in the Indianapolis Saturday Herald in its issue of the 11th inst., and recent publications in the Indianapolis Sentinel of similar purport are, so far as the same reflect upon the judicial fairness and honesty of Judge Hord, slanderous and false, and we take this occasion to express our ut- most confidence in his judicial integrity, and the purity of his official acts.
" Resolved, That any inference that may be drawn from said publication that Albert McCorkle, Sheriff of Shelby County, has been cognizant of, or a party to the packing of juries in said county, is false and slanderous and that no act of that gentleman during his official course will warrant any such imputation."
This meeting of the bar was held at the office of B. F. Love. Twenty-two members were present as follows: . Judge Major, James Harrison, B. F. Love, Alfred Major, O. J. Glessner, T. B. Adams, Alonzo Blair, E. P. Ferris, L. T. Michener, J. B. McFadden, N. B. Berryman, R. W. Wiles, E. K. Adams, E. S. Stillwell, H. H. Daugherty, L. J. Hackney, D. L. Wilson, Harry Morrison, John W. Tomlinson, J. L. Ferris, A. F. Wray, G. M. Wright.
The publications mentioned, caused considerable interest at the time, and there was some talk of attaching certain persons who were supposed to be the authors, for contempt, but this fortunately was abandoned, as there was found to be no authority for such a pro- ceeding.
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SHELBY COUNTY.
In March following, the Board of County Commissioners passed the following: " Whereas the Indianapolis Sentinal and Indian- apolis Herald and Shelby Republican, have published slanderous and libelous articles, calling in question, the honesty of the Board of County Commissioners of Shelby County, Ind., in reference to the purchase of a clock and bell for the court house, charging them with receiving bribes, and in consideration of the premises, the board now requests the Hon. K. M. Hord, Judge of the Shelby Circuit Court, to appoint a committee to investigate the action of the board, in reference to the above mentioned contracts or any and all other contracts in connection with said building."
In compliance with this request, the Judge appointed L. J. Hackney, Thomas B. Adams and Oliver J. Glessner, as a commit- tee of investigation.
" At a meeting of the Shelby County Bar, upon the occasion of the death of Hon. Stephen Major, the undersigned committee on Resolutions reported the following :
" We have met to pay our tribute of respect to the memory of Hon. Judge Stephen Major, who has been for upwards of half a century a member of our bar, excepting an interval extending through one full term, in which he held the position of Judge of the Marion Circuit Court. He has been taken from us in his mental vigor, but in the fullness of his days and professional honors. He falls ripe for the sickle of death. We have known him long and well, and desire, rather in our emotional feelings than in compliance with the usage of the profession, to give expression to our high es- timation of his merits as a man, a lawyer, a judge, and a Christian. Therefore, as expressive of our unfeigned sorrow and sympathy with his family and fellow citizens in their bereavement,
" Resolved, That we hereby express our admiration and respect- ful remembrance of the professional courtesy, talents and merits of our deceased brother, and that we will emulate his virtues as the best tribute to his memory.
" Resolved, That we tender his family and friends our sincere condolence, feeling that although to them even more than to us the loss is irreparable. Yet to him it is a great gain that he has en- tered upon the rewards of a well-spent life, before that higher bar where all must appear.
" Resolved, That we attend the funeral obsequies in a body, and that our Chairman for us request that the minutes of this meeting be spread upon the records of the Shelby Circuit Court.
" JAMES HARRISON, "B. F. LOVE, " THOMAS B. ADAMS."
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Roll of Attorneys. - The following Roll of Attorneys comprises most of those who were admitted to the Shelby Bar prior to 1852, as well as many of those since that time. From that time to the present the records are so voluminous, and not being properly in- dexed, that it was next to an impossibility to obtain them all. These are given as a matter of some interest and for reference:
ROLL OF ATTORNEYS.
Hiram M. Curry, October, IS22. Charles H. Test, October, IS22.
Calvin Fletcher, October. IS22.
James Dulany, October, 1822.
John A. Brackenridge, October, IS22.
David S. Gooding, February, 1851.
James Raridan, May, 1823.
Oliver H. Smith, May, IS23.
Philip Swetzer, May, 1823.
James T. Brown, May, 1823.
Samuel P. Oyler, August, 1851.
Simeon Stansifer, February, IS52.
Edgar C. Wilson, October, 1823.
Gabriel Johnson, March, 1824.
William H. Bainbridge, April, 1853.
John W. Robinson, October, 1853.
Josiah W. Robinson, October, IS53.
William W. Wick, March, 1825.
Joseph Vanmatre, March, IS25.
Lewis H. Thomas, October, I853. James C. Hart, October, 1854. Stephen D. Lyon, April, 1855. Johnson A. Kendall, April, IS55.
Andrew Davidson, September, IS25. Henry Hurst, September, IS25. James Forsee, March, IS26.
Samuel W. Workman, April, 1855.
Perry M. Green, October, I859.
Livingston Howland. October, 1859.
Albert S. White, March, IS26.
Benjamin F. Slocumb, April, 1860.
William Quarles, March, 1827. George W. Wallace, March, IS28. Marinus Willitt, March, IS2S.
Benjamin F. Love, October, IS61.
James T. Brown, September, IS2S.
Matthias C. Vanpelt, September, IS28. George Lyon, September, IS28.
John W. Alley, March, 1830. Isaac M. Johnson, March, 1830.
J. H. Brenton, prior to October, 1861. George A. Johnson, April, IS66. Charles W. Snow, October, 1866.
William I. Brown, September, 1830.
Harvey H. Daugherty, October, 1866.
Robert B. F. Pearce, October, 1866.
Kendall Iford, prior to October, 1866.
John R. Mitchell, April, 1867. Fletcher Meredith, April, 1867. James L. Mason, April, 1867.
James B. McFadden, prior to April, 1867.
Richard Norris, April, 1867. George W. Workman, April, 1867.
William Herrod, September, 1833.
Fabius MI. Finch, September, IS33.
Burril B. Taylor, September, IS34. Gilderoy Hicks, September, IS35. John Ryman, September, IS35. Christian C. Nave, September, 1835. Peter Ryman, September; 1835. A. A. Hammond, prior to October, 1836. Mason Hutton, October, 1836.
Alfred Major, August, IS50.
Thomas D. Walpole, August, 1850. Thomas A. McFarland, August, 1850. Squire W. Robinson, February, 1851.
Joseph F. Roberts, February, IS51. Hiram B. Brown, August, 1851. William Singleton, August, IS51.
Able Cole, May, IS23. Daniel B. Wick, October, 1823.
Beaty C. Stewart, February, 1852. Cyrus Wright, April, 1853.
Bethuel F. Morris, October, IS23.
Isaac N. Johnson, April, 1853.
Harvey Gregg, March, IS24. Hiram Brown, March, 1824.
James Braman, March, IS25. Ovid Butler, September, IS25.
John A. Beale, April, 1860. Isaac N. Odell, April, 1861.
William H. Payne, October, 1861. Levi Runshee, October, IS61.
Hugh B. Eggleston, September, IS30. William O. Ross, September, 1831. John Eccles, March, 1832. James B. Ray, March, IS32. Humphrey F. Robinson, September, 1832. Stephen Major, September, 1832.
William Brown, March, 1833. William J. Peaslee, March, IS33.
George D. Hinkle, prior to October, 1867. McGuire, prior to October, 1867. Lancaster, prior to October, 1867. Robert H. Power, October, 1867. Bellamy S. Sutton, April, 1868. Platt Wick, April, 1869.
O. J. Glessner, prior to April, 1869.
A. B. Campbell, October, 1869. F. M. Conner, prior to April, 1869.
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SHELBY COUNTY.
Royal Mayhew, October, IS36. Harvy Brown, August, 1838. A. F. Mayo, prior to August, 1838. James B. Sleeth, April, 1839. David B. Farington, August, 1839. Moses Kelley, February, IS40. Irwin W. Madison, August, 1840. Hugh O'Neal, February, 1841.
Lucian Barbour, February, IS41.
William H. Brumfield, February, 1841.
Robert S. Cox, February, 1841.
Finley Bigger, February, 1841.
James M. Sleeth, 1842.
Cyrus Wright, August, IS42.
Edward Lander, February, 1843.
Thomas A. Hendricks, February, IS43.
James Harrison, February, IS43. Matthias Wright, February, 1844. John Morrison, February, 1844. P. A. Hackleman, February, 1844.
John A. Tindall, March, 1878.
Charles Major, May, IS78.
John S. Ferris, October, IS7S.
Joseph W. Thompson, October, IS7S.
Isaac Carter, May, 1879. Charles G. Adams, May, 1879.
A. W. Hubbard, prior to February, 1845.
R. D. Logan, August, 1845. Daniel A. IIart, August, 1845.
David Stone, August, 1845.
M. M. Ray, prior to August, 1845.
David M. C. Lane, February, 1846.
Albert G. Porter, February, 1846. Lewis F. Coppersmith, February, IS46.
John Slater, August, 1847.
William Henderson, August, 1847.
Wm. F. McBane, October, ISSI.
James C. Caughey, December, ISSI.
Edward Dealy, March, ISS3.
William Wright, March, 1883.
E. H. Chadwick, prior to October, ISS3.
W. H. Isley, prior to October, IS83.
Horatio C. Newcomb, prior to August, 1849. Ara. E. Lisher, March, IS84. Andrew J. Boone, February, 1850.
PROSECUTING ATTORNEYS.
Hiram M. Curry, October, 1822. Calvin Fletcher, October, 1823. Harvey Gregg, September, IS24. Calvin Fletcher, September, 1825. James Whitcomb, September, IS26. William W. Wick, March, IS29. Philip Sweetzer, March, 1831. Hiram Brown, September, 1831. Harvey Gregg, March, 1832.
William Herrod, September, 1833.
William Quarels, February, IS37. William J. Peaslee, April, 1839. Hugh O'Neal, February, 1841. A. A. Hammond, February, 1843. Edward Lander, February, 1847. Matthias Wright, February, 1849. David S. Gooding, August, 1851.
Oscar B. Hord, April, 1853. Thomas A. McFarland, October, IS53.
William Patterson, April, 1855.
Henry C. Hanna, April, IS59.
Milton G. Cullum, April, 1861.
Samuel S. Harrel, April, 1863. Creighton Dandy, April, 1865.
K. M. Hord, April, 1867. Platt Wicks, April, 1869.
Daniel W. Howe, October, IS69.
Nathaniel T. Carr, April, 1871.
K. M. Hord, October, 1872. WV. Scott Ray, October, 1874. L. J. Hackney, October, 1878.
Jacob L. White, December, ISSo. Fred S. Staff. December, 18S2. Peter M. Dill, December, IS86.
Austin F. Denny, April, IS71. William F. A. Bernhamer, April, IS71.
S. B. Jenkins, April, 1871. Harrie H. Francis, May, 1875.
Leopold Feibleman, May, 1875.
Edmund K. Adams, May, IS75.
Robert W. Wiles, October, 1875. Charles Sprague, October, IS75. Corydon W. Morrison, December, 1875.
Oliver B. Phillips, December, IS76.
Albert F. Wray, December, IS76.
Newton L. Wray, December, 1876.
William R. Burton, December, IS77. James Mc F. Dunn, March, IS78.
Eden H. Davis, February, 1844.
Hugh F. Fugit, February, IS45. R. A. Riley, February, 1845. - Tingle, prior to February, IS45.
Harry S. Downey, October, IS79.
Marine D. Tackett, October, I879.
Lyman L. Mobley, March, ISSO.
W. B. Wilson, May, ISSO. Everett E. Stroup, May, 1880.
A. C. Harris, December, 18So.
Lee F. Wilson, March, ISSI. William Cassady, March, ISSI. James Wright, May, ISSI. Geo. C. Butler, May, 1881.
William Wallace, February, 1848.
John Quarles, February, 1848.
Larkin Reynolds, February, 1849.
Duane Hicks, August, 1849.
William B. Hagins, August, 1849.
Alonzo Blair, October, IS69. Henry H. Whitcomb, April, 1870.
John Hoop, October, IS70.
BENCH AND BAR.
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PRESENT ATTORNEYS.
Benjamin F. Love.
Edward H. Chadwick.
Leonard J. Hackney.
Alfred Major.
Robert Ilarrison.
Henry'S. Downey.
Oliver J. Glessner,
Jolin Ferris.
Harry Morrison.
H. H. Daugherty.
Everett E. Stroup.
Charles Major.
Thomas B. Adams.
George M. Wright.
Will II. Isley.
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