USA > Indiana > St Joseph County > History of St. Joseph County, Indiana > Part 33
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At the November term Horatio Chapin was appointed School Commissioner, in place of William McCartney, resigned.
N. B. Griffith was ordered to furnish a " flat " forty-five feet long and twelve feet wide for the use of the ferry at South Bend.
Complaint having been made to the Board of Commissioners, it was ordered at the March term, 1833, that N. B. Griffith's ferry license be discontinued. At the same session Samuel L. Cottrell was allowed a license to sell " strong liquors and groceries" in South Bend.
In the May term, 1833, John Rush was appointed Trustee of the St. Joseph County Library, in place of Joseph White, resigned.
The field notes of the State road from the Yellow river to the month of Trail creek, surveyed by A. Burnside, were placed on record at this session.
At the November term, Benjamin Hardman, David Miller and Jesse Frame were appointed to lay out three county roads. The Commissioners of the Vistula road were paid off, and other unimpor- tant business transacted.
On the sixth day of January, 1834, German township was set off, and the place of election was designated at Lot Day's house. At the March term, the election for Penn township was ordered t be held at " St. Joseph Iron Works," which place (now Mishawa ka was rapidly becoming quite a town. Joseph Nichols was licensed to retail spirituous liquors, and Orlando Hurd to keep tavern at the same place.
The township of Plymouth was laid off at this session, and the place of election designated at Grove Pomeroy's house.
At the September term, the " St. Joseph Iron Works," through their officials, made application for incorporation, and John Brown- field was licensed to vend foreign merchandise.
At the November term, the field notes of the State road, from South Bend through Sumption's prairie, down the Kankakee river to the western boundary of the State, were ordered recorded. Hiram Dayton was the Commissioner appointed to locate the road.
At the May term, 1835, it was ordered by the Board that public notice be given that the citizens of the county assemble at South Bend on the last Saturday of that inonth to organize a County Agricultural Society agreeable to the statute made and provided. It was also ordered that notice be given the citizens of German township for the purpose of organizing a Township Agricultural Society.
At the September term, a petition was presented for an order incorporating the town of South Bend. The Sheriff was ordered to call an election for officers under the act of incorporation.
Harris township was organized by the Board at their January term, 1836.
CHAPTER IV.
PIONEER LIFE.
One of the most interesting phases of national or local history is that of the settlement of a new country. What was the original state in which the pioneer found this country ? and How was it made to blossom as the rose? are questions propounded by almost every individual of the country in which he makes his home, or sojourns in for a time. Pioneer life in St. Joseph county finds its parallel in almost every county in the State, and throughont the entire West. In addition to what is given in the State history, in this volume, we add the following items.
When Pierre Navarre, Alexis Coquillard, L. M. Taylor and others of that noble band of pioneers settled here, they found an unbroken wilderness. Wild beasts, and but little less wild savages, roamed at will over the prairies, through the forests, and along the waters of the Kankakee or the beautiful "River St. Joseph of the Lakes." Forests were to be felled, cabins erected, mills built and the rivers and crecks made to labor for the benefit of mankind; the beautiful prairies were to be robbed of their natural ornaments, and the land of art was to assist in their decoration. Who was to undertake this work? Are they qualificd for the task? What will be the effect of their labors upon future generations?
The St. Joseph county pioneers had many difficulties to contend with, not the least of which was the journey from civilization to their forest homes. The route lay for the most part through a rough country ; swamps and marshes were crossed with great exertion and fatigue; rivers were forded with difficulty and danger; nights were passed on open prairies, with the sod for a couch and the heavens for a shelter; long, weary days and weeks of travel, were endured, but finally " the promised land " was reached.
For several years the early settlers of the St. Joseph valley were compelled to go to Logansport or Fort Wayne for their flour or meal, requiring almost a week's time to make the journey.
The fever and ague, or " chills and fever," was a disease of which every pioneer was required to have a taste. For a racy description of this miserable malady see pages 159 and 160.
The first thing upon arrival was to set about building the cabin. While this was being done the family slept in their wagons or upon the grass; while the horses or males hobbled to prevent escape, grazed the prairie around them. Trees of a suitable and uniform size were selected, felled and prepared for their places. The day for the raising is announced, and from far and near come other
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pioneers to assist in this labor. The structure goes up, a log at a time, those engaged stopping now and then to " wet their whistles," and soon it is ready for the clapboard roof, which was held on by huge weight poles. A door and a window is cut where the " good wife " directs, a chimney built and the building is ready for the occupants. It is not a model home, but it is the beginning of a great prosperity, and as such is worthy of preservation in history, on account of its obscurity and its severe economy. The window was very small, sometimes glass being inserted, but often covered with greased paper. The door was made of spliced elapboards and hung with wooden hinges. It was opened by pulling a leather latch-string which raised a wooden latch inside the door. For security at night this latch-string was pulled in, but for friends and neighbors, and even strangers, it always hung out as a sign of wel- come.
These simple cabins were inhabited by a kind and true-hearted people. They were strangers to mock modesty, and the traveler seeking lodgings for the night, or desirous of spending a few days in the community, if willing to accept the rude offering, was always welcome, although how they were disposed of at night the reader may not easily imagine; for, as described, a single room was made to serve the purpose of kitchen, dining-roomn, sitting-room and parlor, and many families consisted of six or eight members.
Next came the work of preparing the soil for agricultural pur- poses. Spring comes and the ground is prepared for the seed. The father takes his post at the plow, and the daughter takes pos- session of the reins. This is a grand scene-one full of grace and beauty. The pioneer girl thinks but little of fine dress; knows less of the fashions; has probably heard of the opera, but does not understand its meaning; has been told of the piano, but has never seen one; wears a dress " buttoned up behind;" has on leather boots, and " drives plow " for father.
The character of the pioneers of St. Joseph county falls properly within the range of the historian. They lived in a region of exuber- ant fertility, where nature had scattered her blessings with a liberal hand. The beautiful St. Joseph river winding its serpentine way to the lake, the inexhaustible forest supply, the fertile prairie, and the many improvements constantly going forward, and the bright prospect for a glorious future in everything that renders life pleasant, combined to deeply impress their character, to give them a spirit of enterprise, an independence of feeling, and a joyonsness of hope. They were a thorough admixture of many nations, characters, languages, conditions and opinions. There was scarcely a State in the Union that was not represented among the early settlers. All the various religious sects had their advocates. All now form one society. Says an early writer: " Men must cleave to their kind, and must be dependent upon each other. Pride and jealousy give way to the natural yearnings of the human heart for society. They begin to rub off mutual prejudices; one takes a step, and then the other;
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they meet half way and embrace; and the society thus newly organ- ized and constituted is more liberal, enlarged, unprejudiced, and of course more affectionate, than a society of people of like birth and character, who bring all their early prejudices as a common stock, to be transmitted as an inheritance to posterity."
The wedding was an attractive feature of pioneer life. There was no distinction of life and very little of fortune. On these accounts, the first impressions of love generally resulted in mar- riage. The family establishment cost but little labor-nothing more. The marriage was always celebrated at the house of the bride, and she was generally left to choose the officiating clergyman. A wedding, however, engaged the attention of the whole neighbor- hood. It was anticipated by both old and young with eager expectation. In the morning of the wedding day the groom and his intimate friends assembled at the house of his father, and after due preparation, departed, en masse, for the " mansion " of his bride. The journey was sometimes made on horseback, sometimes on foot, and sometimes in farm wagons and carts. It was always a merry journey; and, to insure merriment, the bottle was taken along. On reaching the house of the bride, the marriage ceremony took place, and then dinner or supper was served. After the meal the dancing commenced, and generally lasted until the following morn- ing. The figures of the dances were three and four-handed reels, or square sets and jigs. The commencement was always a square four, which was followed by what pioncers called "jigging;"" that is, two of the four would single out for a jig, and were followed by the remaining couple. The jigs were often accompanied with what was called "cutting out," that is, when either of the parties became tired of the dance, on intimation, the place was supplied by some one of the company, without interruption of the dance. In this way the reel was often continued until the musician was exhausted. About nine or ten o'clock in the evening a deputation of young ladies stole off the bride and put her to bed. In doing this, they had to ascend a ladder from the kitchen to the upper floor, which was composed of loose boards. Here, in this pioneer bridal chamber, the young, simple-hearted girl was put to bed by her enthusiastic friends. This done, a deputation of young men escorted the groom to the same department, and placed him snngly by the side of his bride. The dance still continued, and if seats were scarce, which was generally the case, says a local writer, every young man when not engaged in the dance, was obliged to offer his lap as a seat for one of the girls; and the offer was sure to be accepted. During the night's festivities spirits were freely used, but seldom to great excess. The infair was held on the following evening, when the same order of exercises was observed.
Election days were observed as holidays. The men went to town, voted, drank whisky, smoked, swore, wrestled and fought, all for a little fun.
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HISTORY OF ST. JOSEPH COUNTY.
The " little brown jug " was often brought into requisition as affording a means of enjoyment that nothing else could supply. No caller was permitted to leave the house without an invitation to partake of its contents; not to so invite was a breach of hospitality not to be thought of for a moment. It was brought out upon all conceivable occasions, and freely dispensed to old and young alike with no thought of danger. It was a thing of prime importance in all the assemblages of men-at log-rollings, house-raisings, huskings and elections. It was essential at all births, and even at funerals.
CHAPTER V.
CIRCUIT COURT-COMMON PLEAS COURT --- PROBATE COURT-THE BAR -- ST. JOSEPH BAR ASSOCIATION-THE BAR IN A NEW ROLE.
CIRCUIT COURT.
On its organization, St. Joseph county was made part of the first Judicial District. In 1833 there was a re-organization of districts and it then formed part of the eighth, and remained in this connec- tion until the spring of 1837, when it was attached to the Ninth Judicial Circuit. No further change was made until 1873, when the Common Pleas Court was abolished and the Judicial Districts of the State were made smaller and largely increased in number. By this change St. Joseph county was united with La Porte county, the two forming the Thirty-second Judicial District.
The first session of the Circuit Court was held on the 22d day of October, 1832, at the tavern of Calvin Lilley, in the village of South Bend, Hon. John R. Porter, of the first Judicial District, presid- ing. The Grand Jurors were Lowdy Stevenson, Eli Roe, Pleasant Harris, Nathan Green, Robert Redding, Peter Johnson, George Wilkinson, Anthony Defrees, John Smith, Sr., Stanton Porter, John Massey, William P. Howe, Frederick Beuter, William Runn- ion, Peter Russell, Jacob Harris, George Holloway and Jacob Bowman. The court appointed George Holloway as foreman of the jury.
The first case called for trial was that of Matthias Redding and Hannah Redding. This was an action for divorce. The case was continued to the June term, 1833, when it was heard and the divorce granted. The second case was one of chancery, the third libel, and fourth slander. The two last were dismissed at cost of plaintiffs. Sarah McLelland was indicted by the Grand Jury for selling liquor to Indians, and was tried at this term of court, and a fine of five dollars and cost of suit was assessed against her. She was committed to jail, by order of the court, until the fine was paid. There were in all nine cases on the docket,-one divorce, one libel, one slander, one selling liquor unlawfully, and five chan- cery.
The second term of court was held in June, 1833, Hon. Gusta- vus A. Everts, Presiding Judge of the Eighth Judicial District in attendance. The first case docketed this term was for divorce, Wil- liam Antrim vs. Elizabeth Antrim. The knot that tied the two was cnt by the accommodating judge, and each was permitted to pursue his or her way without hindrance from the other.
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HISTORY OF ST. JOSEPH COUNTY.
Since the organization of the county nine judges have presided over the Judicial Districts, of which St. Joseph county has formed a part, the first of whom was John R. Porter, who presided, as has already been stated, at the first term of the court held in this county. Judge Porter was a good judge, one who was prompt and decided in his actions upon the Bench.
Gustavus A. Everts was born in Virginia in 1792. Came to Indiana at a very early day and read law in Union county. He was a tall, slim and fine-looking man, of liberal education, and one of the wittiest men that ever practiced before an Indiana court. He has been known to hold the judge, jury and audience for three hours, keeping all in continnal langhter at his excessive wit. He was a good advocate, and one of the best criminal lawyers in North- ern Indiana. On the Bench he was an entirely different man from what he was before a jury, being calm and dignified, quick to decide a point of law, and impartial in all his rulings. He emigrated to Texas some years since and is still living, though past his four-score years.
Samuel C. Sample was born in Maryland. He emigrated with his father's family to Connersville, in this State, as early as 1823 or 1824. He, too, studied law with Hon.O. H. Smith. After being pre- pared for practice he settled in South Bend, in 1833. He was soon after elected prosecuting attorney for the circnit, then embracing Logansport and Fort Wayne, and all the territory in the State north. It took him three months to go around his circuit and attend to its criminal business. He was painstaking and careful, and therefore successful. He became the president judge of his circuit in 1835 and continued on the Bench until 1843, when he was, very much against his own wishes, elected to Congress.
As a lawyer, he was able, judicious and reliable; as a judge, cor- rect, upright and impartial; as a member of Congress, unswerv- ingly faithful to the interests of his constituents; and in all his business transactions, whether in public or private capacity, he has ever exhibited the most sterling integrity, totally uninfluenced by the least unworthy or selfish motives. As a citizen, he has been enterprising and valuable; as a friend and neighbor, open-hearted, sociable, generous and accommodating; as a husband, a father and a Christian, he was all that is worthy of emulation. After a life without reproach, passed in the most valuable services in public and in private, Judge Sample passed to his reward in the better land, leaving his memory to be regarded with love and veneration, not only by relatives and personal friends, but by all who have known and can appreciate one of the noblest works of God. Judge Sample died at South Bend, Dec. 2, 1855.
Ebenezer M. Chamberlain was born in Maine, and came to Indiana about 1832, and settled at Goshen, Elkhart county. Read law at Connersville with Samuel Parker. He was the fourth judge elected upon this circuit. He was a man possessed of an abundance of good common sense and sterling integrity; firm and decided
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character. In personal appearance he was tall and slim, with a very solemn cast of countenance. On the Bench he was quite dig- nified and rendered his decisions very deliberately. After his retirement from the Bench he was elected to Congress from the Elkhart district and served one term. Judge Chamberlain died at Goshen, in 1859.
Thomas S. Stanfield, who succeeded Judge Chamberlain, was born in Logan county, Ohio, in 1814, and with his parents emi- grated to Indiana in the fall of 1830, and settled in South Bend in the spring of 1831. Here he attended school taught by Elisha Egbert, the first practicing attorney in St. Joseph county, and like- wise the first school-teacher. Young Stanfield entered the law office of John D. Defrees at an early day, reading law for some time, after which he attended a law school in Cincinnati, at which he graduated in 1840. Opening an office in South Bend, he engaged in general practice until 1852, when he was elected Circuit Judge, and served five and a half years, when he resigned his office and resumed the practice of law. In 1870 he was again elected to the Bench, serving the full term of six years. When Judge Stanfield was elected the first time his circuit was composed of fourteen counties, but was reduced to nine before the expiration of his term. In 1845 Judge Stanfield was elected to the lower house of the Leg- islature. He was placed on the Committee of Ways and Means, which committee founded all the present asylums of the State- that of the insane, blind and deaf and dumb. In 1846 Mr. Stan- field was again elected, and during this session served as chairman of the Judiciary Committee. In 1849 he was a candidate for Lieu- tenant-Governor, on the Whig ticket, but failed of election. In 1851 he was again nominated by his party for the House of Repre- sentatives and elected. Was placed at this session with Judges Stewart, Gookins and Holman and Mr. Gibson on the Committee on the Revision of the State Laws. Again, in 1855, Judge Stan- field was nominated and elected a member of the Legislature, serv- ing two terms, and being upon the Judiciary and Committee on the Organization of the Courts. Politically, Judge Stanfield was first a Whig, during the existence of that party, and is now a Republican. For a number of years he was a director in the Mich- igan Southern & Northern Indiana Railroad, and also the Grand Trunk Railway. At present he occupies the position of attorney for both roads.
Albert G. Deavitt, of South Bend, was appointed to fill vacancy on the Bench cansed by the resignation of Judge Stanfield. Im- mediately after his appointment he was taken sick and was removed to the house of his brother in the State of Vermont, where he died in 1858.
John B. Niles, of La Porte, one of the ablest lawyers in the State of Indiana, was the next incumbent of the Bench. Mr. Niles was born in Vermont in 1808, came to Indiana in 1832 and settled at
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La Porte, where he died in June, 1879. As an advocate and conn- selor he had no superior in this section of the State. He was quite slender in person, and was in feeble health for a number of years prior to his death. He was for a time member of the State Senate, and was also a member of the Convention which framed the present Constitution of the State.
Andrew L. Osborne succeeded Judge Niles. Mr. Osborne was born in Connecticut in 1814, and came to Indiana in 1836, settling in Michigan City, from which place he moved to La Porte on his ele- vation to the Bench. Judge Osborne read law with J. Y. Scammon, of Chicago. Heis a diligent student, a nian of remarkable memory, quick in his perceptions of a case, and was an excellent and popular judge. He was elected in 1858 and served twelve years, being suc- ceeded by Judge Stanfield.
Daniel Noyes .- On the expiration of Judge Stanfield's second term, Daniel Noyes, of La Porte, was elected, and is the present incumbent. Daniel Noyes was born in Vermont and came to Indiana in 1851, making his home at La Porte. He is a good lawyer, a man of sterling worth, and makes a popular judge.
Associated Judges .- From the organization of the county up to 1852, the Circuit Court was composed of a president judge and two associate judges. The following named have occupied the honorable position of associate judges from this county: John Banker, Chapel W. Brown, William McCartney, John Ireland, Reynolds Dunn, Powers Green, Peter Johnson and John D. Rob- ertson.
COMMON PLEAS COURT.
In 1852 the Legislature of the State passed an act creating the Court of Common Pleas, with original and conclusive jurisdiction in all matters relating to the probate of last wills and testaments, granting of letters testamentary, of administration and guardian- ship, and all other matters heretofore pertaining to the Probate Court, which court by this act was abolished. It also had concur- rent jurisdiction with the Circuit Conrt in all cases of criminal nature where the penalty affixed was less than the penitentiary.
Elisha Egbert was elected judge of this court in 1853 and served until his death. (See sketch elsewhere in this work.) Judge Eg- bert was succeeded by Edward J. Wood, of Elkhart county, who was elected in 1868. Judge Wood was a bright, quick-witted and clear- headed judge and served acceptably upon the Bench. During the war he served his country as Lieutenant-Colonel of the Forty- eighth Regiment Indiana Volunteers. Judge Wood died in 1872. He was succeeded by Daniel Noyes, who served only a short time, being legislated out of office, the Common Pleas Court being abolished.
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HISTORY OF ST. JOSEPH COUNTY.
PROBATE COURT.
By the Constitution of 1816 Probate Courts were established. The first commissioned in this county was James P. Antrim, who held the office until 1834, when Elisha Egbert was commissioned and served until 1838, being succeeded by John J. Deming, who continued in office eight years, his successor being Edward F. Dib- ble, who served two years, when Elisha Egbert was again elected. Judge Egbert served until the office was abolished in 1852 by the organization of the Common Pleas Court. A term of the Probate Court was held in January, 1832, lasting one day, and was presided over by E. W. Brown and John Banker, associate judges of the Circuit Court. The first term of the court held by Judge Antrim was in February, 1833.
THE BAR.
The Bar of St. Joseph county has been represented by some tal- ented men, some of whom have gained a State and national reputa- tion. Elisha Egbert was the first representative. (See sketch under head of "Some of the Illustrious Dead.")
Jonathan A. Liston came next; he settled here in 1832. He was born in Delaware, and emigrated with his father's family to Indiana when in his teens: he studied law with the late Hon. Oliver H. Smith at Connersville; his preceptor was a United States Senator from this State and one of her ablest lawyers. Mr. Liston was a man of talent and full of zeal and energy in his profession; never knew any body in his case but his client; every body else differing in opinion was wrong and must yield if the heavens fell; such per- sistence and energy coupled with an agreeable presence and popular manners, soon made him one of the leading lawyers of the northern part of the State, with a large and profitable practice. He was elected to the House of Representatives from this county in 1835, and to the Senate in 1836. He served as one of the three Commis- sioners in 1852 who prepared the new code of legal proceedings adopted in this State, in conformity with the requirements of the new constitution. He is still living, in Marion county, enjoying a quiet old age.
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