History of St. Joseph County, Indiana, Part 34

Author: Chapman, Chas. C., & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : C.C. Chapman & co.
Number of Pages: 986

USA > Indiana > St Joseph County > History of St. Joseph County, Indiana > Part 34

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Thos D. Baird came next; he was born in Kentucky. After becoming of age he came to Crawfordsville, in this State, and com- menced the practice of law there; got married and moved to this county and settled on Portage Prairie as a farmer. He came in the year 1832. He occasionally attended the courts and tried causes, but did not enter into general practice until 1837, when he went into partnership with John D. Defrees, who commenced practicing law here that year. Mr. Baird gave more attention to his farm than to his profession and was not therefore a very profound lawyer, but he was an attractive speaker and a popular man. He was elected a Representative from this county in 1836, and Senator in

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HISTORY OF ST. JOSEPH COUNTY.

1837, which office he held until he died in 1842. If he had lived longer he would probably have been in Congress from this district. He had, as he deserved, the respect and confidence of the people.

The fourth lawyer in St. Joseph county was Samuel C. Sample, who afterward became judge of the Circuit Court, member of Congress, and whose sketch is found elsewhere in this work.

John D. Defrees was born in Tennessee. He left there when young and settled in Ohio. He became a citizen of South Bend in the summer of 1831, as editor of the Northwestern Pioneer, the first newspaper published north of the Wabash. He conducted this paper and its successor, the St. Joseph county Beacon, for sev- eral years, and finally moved to Goshen and engaged in a different pursuit. He had been reading law as he could find opportunity, when, in 1837, feeling that he had gained a competent knowledge of the law, he returned to South Bend, and went into partnership with Thos. D. Baird. After practicing law with him for some time, he entered into partnership with Joseph L. Jernegan, and they practiced law together for several years. Mr. Defrees was a natural born politician, a fluent and sharp political writer, well posted on all political questions, and the history and peculiarities of all the public men of that day, and on intimate and confidential relations with the great leaders of the Whig party. He had the capacity for a good lawyer, but his time was too much taken with politics to become a profound lawyer. He was elected to the House of Rep- resentatives in 1840, and the Senate in 1842, to fill vacancy, and in 1843 again elected for the full term. At the expiration of this term he moved to Indianapolis, and became the editor of the Indianapolis Journal. After conducting this paper with great ability for some years, he was elected Government printer, which office he yet holds. His political experience and careful observa- tion gives him a high standing among his political friends at Washington.

Joseph L. Jernegan was born in Massachusetts, educated at Brown University, married when he was about 20, and settled in Goshen abont the year 1832. He practiced law there until 1837, when he moved to South Bend. He succeeded S. C. Sample as Prosecuting Attorney for the circuit. He soon became one of the ablest lawyers in the northern part of the State. He had a won- derful memory, capable of calling up and readily and accurately stating all the essential facts of a long case, and in addition to this he conld state points concisely and clearly that everybody who heard it would at once comprehend it and wonder why there should be any doubt about it. The only way to defeat his argument was to knock out his premises. He had a successful practice until 1850, when he went into a commission bank at Michigan City. In 1855 he moved to New York city, and again commenced the prac- tice of law. Subsequently he went to Italy, and is now living in Naples.

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HISTORY OF ST. JOSEPH COUNTY.

Edwin B. Crocker was born in New York, and educated at an academy in Troy. He came to South Bend in 1841, and there en- tered Mr. Jernegan's office as a student. He afterward became his partner, and they continued in business together while Mr. Jerne- gan remained here. Mr. Crocker was a fat, jolly,good-hearted man, with considerable intellectual ability and a wonderful working capacity. In 1852 he went to California and commenced practic- ing law in Sacramento. In a few years he became one of the judges of the Supreme Court of that State. After he left the Bench, he and his brother Charles, who had also been a resident of this county, several years as a laborer in a Mishawaka furnace, together, with Gov. Stanford Hopkins and one or two others, under- took to build the first section of twenty miles of the Central Pacific railroad, and who afterward built the whole road and became its owners. About the time the road was completed to Ogden, Mr. Crocker was stricken down with paralysis. He partially recovered, but had another attack, which so ntterly destroyed his mind that he could not recognize his family. After lingering in that condition for some time he died, leaving a fortune of $10,000,000.

Reuben L. Farnsworth was born in Ohio, and came here in 1839 to. study law with Judge Sample. He was an industrious and dili- gent student. After he got through with his preparatory studies he went into partnership with Mr. Liston. Subsequently lie and Thos. S. Stanfield were in partnership a short time. Mr. Farns- worth might have been an able and successful lawyer, but his con- science troubled him, not that he thought it was wrong to practice law, but he thought he was called to preach the gospel, and he ought not to stand out against that conviction. He tried it in several denominations with undoubted sincerity and determination to obey the call. After awhile he would begin to think somebody else was called and he made a mistake when he answered. Then he would quit preaching and go to practicing law again. At one of those intervals he was Prosecuting Attorney for this circuit and made a good and efficient one. Finally he settled down in the Swedenborgian faith, and has since been a confirmed and undoubt- ing believer in that doctrine. He has written and published several books to illustrate and prove the truth of that faith. He is now living a retired life in St. Paul, Minnesota.

Norman Eddy was another member of the early Bar of this county. (See sketch.)

THE PRESENT BAR.

The present Bar of St. Joseph county is composed of men who are the peer of any in the State-men of sound judgment in law, eloquent pleaders and honorable attorneys. The following named comprise those who at present are members, and who appear in the courts of this county at almost every session: Thomas S. Stanfield, James Davis, Alvin S. Dunbar, George W. Matthews, Frank R. Tutt, Timothy G. Turner, William G. George, Joseph Henderson,

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HISTORY OF ST. JOSEPHI COUNTY.

John F. Kirby, O. S. Witherill, Andrew Anderson, H. E. Hurlbut, Joseph B. Arnold, Jr., George Pfleger, Lucius Hubbard, Willis A. Bugbee, John R. Foster, Geo. H. Alward, John E. Fisher, George Ford, John Hagerty, Jonathan P. Creed, John Brownfield, Jr., Lucius G. Tong, John Dixon, E. G. McCollum, James H. Ells- worth, E. Volney Bingham, John W. Harbon, W. H. Dawley, B. H. Beall, A. N. Thomas, Sam D. Graham, Wm. A. Dailey, L. F. Copeland, James Du Shane.

ST. JOSEPH BAR ASSOCIATION.

In the fall of 1873 an Association was formed in the city of South Bend under the name and style of the St. Joseph Bar Association. At a meeting Oct. 8, 1873, hield at the court room, it was found that 17 shares had been subscribed of $25 each, for the purpose of procuring a library and meeting the expenses of the Association. Twelve of the shareholders being present, they proceeded to organize. Alvin S. Dunbar was chosen President, and Lucius Hubbard, Secretary. A. S. Dunbar, Andrew Anderson, Wm. G. George, H. E. Hurlbnt, Joseph Henderson, Jos. B. Arnold, Jr., and Lucius Hubbard, Directors.

On motion, it was agreed that any member of the Bar of St. Joseph county might become a member of the Association by sub- scribing for and paying one share of stock, and such annual dues as thereafter should be fixed by the Board of Directors.

On motion, it was resolved that the Board of Directors be author- ized and empowered to make any arrangement that they may deem proper and expedient for the loan and control of libraries and books, and to pledge the Association for their proper care and return.

At a Directors' meeting held the same day, Andrew Anderson was appointed President of the Board, and L. Hubbard, Secretary and Treasurer. A. Anderson, Wm. G. George and L. Hubbard were appointed a committee to draft and report by-laws to be con- sidered at a future meeting. Joseph B. Arnold, Jr., A. G. Dunbar and H. E. Hurlbut were appointed a committee to make such arrangements for a room and shelving as they should find neces- sary, and for that purpose to wait on the Board of Commissioners.

At a meeting of the Directors held Dec. 23, 1873, the following by-laws were read and adopted:

1. All members of this Association holding one share of stock, who shall promptly pay their quarterly dues, shall be entitled to use the library. Also auch non-resident attorneys as on invitation of members. No member in arrears shall be entitled to use the books or room.

2. Annual dues shall be twenty dollars per annum, payable quarterly of $5 each, the first installment to be payable April 1, 1874.

3. Receipts shall be given for all books deposited, and no book shall be taken out of the court-house, except by the owner thereof, and_receipta shall be taken for all books taken out.

4. No person shall become a member of this Association except on application in writing and on recommendation of the Directors at some regular meeting.

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HISTORY OF ST. JOSEPH COUNTY.

5. There shall be a meeting of Directors on the first Monday of every month, at the rooms of the Association, at 712 o'clock P. M.

6. The President and Secretary and one of the Directors of the Association shall constitute an Executive Committee, and shall determine as to purchase and expenses of the Association.

7. The Treasurer shall pay out money only on order of the President.

8. All stock shall be at once paid up.

At the first annual meeting held Jan. 1, 1874, A. Anderson was elected President and Lucius Hubbard, Secretary. At the third regular meeting Thomas S. Stanfield was elected President, and has been re-elected each year. Mr. Hubbard has been the only Secretary. At the annual meeting in 1875, the following resolu- tions were adopted as an amendment to the constitution and by-laws:

ART. 1. All quarterly dues heretofore or hereafter to be paid shall be held and considered to be and shall be additional subscriptions for stock, and each member of this Society who has or shall have paid quarterly dues to the amount of $25 shall be entitled to and shall have and hold one share of stock therefor, and shall have from time to time an additional share of stock whenever his additional quar- terly payments shall have amounted to the additional sum of $25, and the Secre- tary and President are authorized from time to time to issue stock certificates therefor.

ART. 2. Members of this Association residing outside the corporate limits of the city of South Bend shall be required to pay only one-half of the amount of quarterly dues which other members are required to pay.

Andrew Anderson, at this meeting, made a proposition that if a glass case was furnished by the Association lie would fill the same with books in the coming year. His proposition was accepted and the Directors authorized to procure a suitable case.

In 1877 the dues were fixed at $10 per year, at which amount it now remains. At the annual meeting this year Hons. Daniel Noyes, William S. Haymond, William H. Calkins, Joseph E. McDonald, Schuyler Colfax, O. P. Morton and D. D. Pratt were elected hon- orary members of the Association.

The Association has at the present time under its control $4,500 worth of books, $1,315 of which it has expended from its own re- sources, the balance being the amount that has been loaned to the Association for its use by individual members, and for which it be- comes responsible. Several law periodicals are taken, and the Gov- ernment supplies it with all patent office reports issued.

Feb. 22, 1875, the Association held its first annual banquet at the Dwight House, then under control of Mills & Knight. A splendid supper had been provided and abont forty persons sat down to par- take. The discussion of the meal occupied about an hour, after which came the toasts and speeches of the evening.

The first toast was " Washington," which was responded to by Major Calkins, of La Porte. The Major, always interesting, was doubly so on this occasion. He deviated from the ordinary treat- ment of the subject by a witty style altogether different from the usual somewhat stereotyped oration.

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HISTORY OF ST. JOSEPH COUNTY.

C. H. Reves, of Plymouth, was called upon to respond to the toast "The Legal Profession," which he did in a manner eliciting the applause of his hearers.

" English Common Law " was the third toast, and C. M. Alward, of Niles, did the honors on that topic.

The next toast given was " The Judiciary," to which Judge Stan- field responded. He alluded to the prime factors in the Govern- ment of the country-the Legislative, the Executive and the Judi- ciarv. The Judiciary, which by virtue of the Constitution, had one- third the power of the Government, had,in reality, much more. We did not feel the power of the National or State Executive in the every day business of life; were never reminded of it, in fact, except when armies were required to be raised, or something out of the ordinary course of events in that department transpired; but the power of the Judiciary was felt everywhere. Not a day passed but we were cognizant through the daily press of its operations. The importance of an honest, inflexible and fearless Judiciary, before whom must recur questions for adjudication involving interests of the deepest moment, was duly set forth.

Professor L. G. Tong, of the University of Notre Dame, was next introduced and read the following poem, which was received with cheers by those present:

In the earliest days of each people and nation, All mankind was honest in dealing and station ; But lawyers were born with the first extra ration, Then meum and tuum brought forth litigation. Old Horace informs us that hickory clubs

Were the courts of first instance, when acorns and grubs Were the highest-prized objects of human ambition, Ere the jurist came forth to mend our condition.

O, talkative laudatores temporis acti,

Ye show your strange ignorantia facti, When ye strive to show cause why the old is the best ; Henceforth, ye wild dreamers, do give us a rest. An acorn is good to a man if he's starving, But what is an acorn when capons are carving ? Let strict truth prevail,-those times are top-sawyers Which can boast of the busiest number of lawyers. For what is enlightenment but common law, Just leaving the sword and then taking to jaw ? Say, look at those barbarous nations of moke, As black as a cool, though quite ignorant of Coke, They haven't got stocks, and they haven't got shares; Their bulls are quadrupled and so are their bears; Their law is like Jack's with a very fat porpoise ; Harpoon him, then issue a habeas corpus. Make the right of appeal the point of a spear, Have justice veer round through a smile or a tear, Deciding all things in a terrible passion, And seeking indictments that headsmen may quash 'em. As money goes down, or is in the ascendant, Interpreting law pro or contra defendant, When the only idea of the law of appeals Is to drop your just cause and then take to your heels.

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HISTORY OF ST. JOSEPH COUNTY.

How different we in this fair land of freedom, Where statutes are shaped as the citizens need 'em, Where causes are crystal, and pure jurists plead 'em, Where clients are sought to defend, not to bleed 'em! Let blockheads indulge in their hints and their sneers About setting society, sir, hy the ears; Let them mutter the tale of the shell and the oyster, And growl about pettifog, humbug and shyster. Know they not, poor, pitiful, pragmatic daws, That rogues are inclined to hate lawyers and laws ? While honesty praises the good that it sees, Though once in awhile it may suffer a squeeze, Knowing well, if you give but a moment's reflection, That lawyers and law lay no claim to perfection. Who otherwise argues is naught but a Hindoo, And fit for a writ de lunatico inquirendo.

Who shall sneer at the law when a Stanfield is there, Of the old Spartan days both the model and peer; Who carefully weighs in the scales his decision Shows each year bis pure ermine more white to the vision, And proves that, no matter how much he's commended, He merits the praise, for, in him things are blended. So noble and useful in heart and in head, His deserving is always beyond the word said; The title he's earned, since the world began, Is the noblest of all titles" a true, honest man."

Next, Davis stands forth, of the silvery lor k, In defense of the right, just as firm as a rock ; A terror to villains, to honest men hope, To these giving justice, to those a tight rope. Straightforward and true, his " exceptions " are clean, For he always excepts to what's tricky and mean.

Then Alvin Dunbar, who has long done bar, Where his honor has never received the least scar; Time watches his chance, sir, but all the world knows it; His mortgage is safe until Death shall forelose it.

And there is grave Tutt, who, on forum or farm, Succeeds in all things, as you know, to a charm. Agriculture and law he knows how to adorn, Forcing judges in both to " acknowledge the corn."

The nomen of George is a name, sir, to brag on, Since the days of St. George and the venomous dragon ! We, too, had a George, all worthy of glory, Who whipped a red dragon-you all know the story- And the man who would doubt of our George, of South Bend, Would merit a " special plea " at a rope's end.

Then Anderson's name must give satisfaction, A practical mind, though given to " Abstraction." Treat him well, or you'll smart for your blind lack of bounty, For he knows all the deeds of the city and county.

To all men's esteem Arnold has many "Titles," He can diagnose skillfully Property's vitals; And, more for the service than for the base pelf, Dresses titles as well as he dresses himself.

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HISTORY OF ST. JOSEPH COUNTY.

Here comes the most genial of jurists, G. Pfleger, Who's ready to plead for a king or a beggar ; Who lightens the visage of law with a smile, And, while others are pulling on hoots, walks a mile.

When Hubbard is mentioned, let critics grow dumb, A stern foe of whisky in his character does run. Let us hope that the law of " natural selection " Shall wrest from the bottle the power of " election." For, truly 'tis strange that chronic law-breakers Should hold in their hands the fate oflaw-makers.

Then Bugbee, and Foster, and Alward, and Fisher, In every citizen have a well-wisher. Their Protean genius is known afar In deeds and in banks, in a writ or cigar. Perhaps, now and then, one or other's iron-ic, But doctors say iron is an excellent tonic. So let us be glad for the gifts the gods send us- If we're not, all I say, sir, is this: Devil mend us!

And here let the bard pause to speak a kind word Of our absent sick friend, the excellent Ford. Let our judge issue forth a writ fieri facias To the doctor, that all may say Deo Gratias.

Next, Hagerty enters this ower true ditty, The choice of good men as the judge of the city ; I think, if the subject we carefully scan, We'll agree that they've honored themselves and the man.

In goodness and judgment our county is first; We are free from an ill with which others are curst. Unanimous in our own thinking and deed, We're attached, every man of us, sir, to our Creed.

Davis, Brownfield, Witherill, Turner and others, Are the acme of lawyers and well-esteemed brothers; Well read in the pages of forensic lore, In the temple of Fame may they yet make their score.

Here Matthews comes last, but by no means the least, To grace with his presence our grave Attic feast; A character kindly; a name without flaw, Law honors him less than he honors the law. He has never been soiled by the stain of court dust; He has never betrayed a friend or a trust; And I think the best toast a true man could give Is: " Here to Geo. Matthews" and " long may he live."

Thus ends my long rhyme, and do not abuse The eulogies sung by my diffident muse ; I do not believethat the best paragraph Should be kept till it's writ for a man's epitaph. " De mortuis nil nisi bonum," is said, But why not some " bonum " before a man's dead ? And with this short critique, which all must call fair, I salute you, Messieurs, and shall here take the chair.

A. S. Dunbar was importuned for some remarks, responding in a neat, crisp and appropriate speech, concluding by calling up Judge Turner.

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HISTORY OF ST. JOSEPH COUNTY.

The Judge was quite happy in his remarks. He said while on the way to the hotel, a lady (he knew she was a lady, or, being a stranger, she would not have been attracted by his noble form and handsome features) stopped him, and learning that he was going to the banquet at the Dwight House, placed in his hands a paper which she desired him to read before the guests. A local critic says: "Of course every one will guess that this was only an innocent device of the Judge's born of extreme modesty, to avoid being thought the author." The paper lost nothing by the reading. It was as follows:

The Mills of the gods they say ever grind slow, But exceedingly fine. Well, now, don't you know There's truth in that saying? For here, now, to Knight, We've seen the thing tried, and you know it is right. If the Mills were not pros'd and the Knight turned to day, We'd have nothing to eat,-perhaps nothing to pay. But Mills is still grinding, and Knight is well spent, And both are quite anxious we all should keep lent, But we cannot keep " lent," we all have to borrow The cash to pay bills which will come in to-morrow. To-morrow's the day we all have to fix up The " how-come-you-so ?" for this little "sup." Yet Mills are worth something, though grinding so slow, And Knights are the better the larger they grow. The Mills of the Dwight House, grind he ever so fine, Can never beat Jerry, the Knight of the Rhine (rind). Then three cheers for Mills, and three more for Knight, And let us go home before it gets light.

L. Hubbard was next called and responded in a speech showing a thorough knowledge of legal history. He also paid a compliment to the members of the legal profession in always being true to their clients, and concluded by saying: " If ever the liberties of onr Republic are undermined, are lost by neglect or corruption, it will be, in a great measure, the fault of the legal profession."

The next banquet of the Association was held at the Grand Cen- tral, Feb. 22, 1877. The following were present: Judge Stanfield, A. Anderson, L. Hubbard, George W. Matthews, Judge Pfleger, Prosecuting Attorney Ford, Judge Alward, L. G. Tong, Judge Hagerty, City Attorney Brownfield, J. E. Fisher, W. E. Bug- bee, J. R. Foster, O. G. Witherill, J. H. Ellsworth, H. E. Hurlbut, John Dixon, Charles Evans, Captain Nicar, J. W. Harbou, and representatives of the press.

After doing full justice to the generous bill of fare, a resolution was passed unanimously thanking Mr. Knill for the splendid man- ner in which they were entertained.

THR BAR IN A NEW ROLE.

The Bar of 1879 was composed of staid men, yet they would relax their dignity enough, occasionally, to have a little sport. On the evening of November 21, they presented the play of Bardell vs.

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Pickwick. There are few reading people who have not read the " Pickwick Papers " and laughed themselves to tears over the characters that live and move in its pages. Many of these charac- ters are such gross exaggerations that they might almost be called caricatures; but so many foibles of this day as well as that in which they were written are touched up, so many keen thrusts and de- served ones, too, are made at certain professions and callings, that the reader is prone to overlook the exaggerations in his endorse- ment of the other. The " Pickwick Papers" were written in 1836 by Charles Dickens, who was then a poor young man of 25, eking out a precarious living as a newspaper reporter, so poorly paid that he was forced to spend all his leisure time writing stories and sketches. He conceived the idea of the Pickwick club as a pro- duction into which he could utilize much of his experience with persons and things as a newspaper reporter. The Pickwick club was organized with the venerable Samuel Pickwick as president, and shortly thereafter he, with three of its members, started on a tour of scientific investigation which soon merged into one of social experience so varied and amusing that the book recording them is to-day the most popular of any of Dickens' works, although his earlier and almost first effort.

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History of St. Joseph County, Indiana, Part 34

Author: Chapman, Chas. C., & co., Chicago, pub Publication date: 1880 Publisher: Chicago : C.C. Chapman & co. Number of Pages: 986

Author: Chapman, Chas. C., & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : C.C. Chapman & co.
Number of Pages: 986