USA > Indiana > Vanderburgh County > History of Vanderburgh County, Indiana, from the earliest times to the present, with biographical sketches, reminiscences, etc. > Part 45
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Common Pleas Court .- By the acts of IS52 the court of common pleas was created with exclusive jurisdiction over estates and guardianships, and largely concurrent juris-
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when he was succeeded by Judge William M' Land, of Gibson county. At the January term, 1873, Judge John B. Handy, of War- rick county, later judge of the circuit court of Warrick county, and now a conspicuous member of the Boonville bar, took his seat upon the bench. Judge Handy's term was closed by the termination of the court's exis- tence. By the act of March 6, 1873, the court of common pleas was abolished and all matters confided to it restored to the juris- diction of the circuit court.
diction with the circuit court, except cases involving title to real estate, actions for slan- der, libel and breach of promise to marry. The circuit court retained exclusive juris- diction over felonies, except enumerated cases for the benefit of defendants, in order to secure a speedy trial; and exclusive juris- diction over misdemeanors was given to the court of common pleas, except the cases over which justices' courts had exclusive juris- diction. The first term of the common pleas court of the first district, of which Vanderburgh county was a part, was held When the common pleas court was cre- ated appeals could be taken to the circuit court, but that right was afterward abolished, appeals to the supreme court of the state being allowed. The clerk and sheriff of the county officiated in the common pleas as well as in the circuit court. By the act of June 11, 1852, a court of conciliation was created providing that any person claiming to have a cause of action against another for libel, slander, malicious prosecution, assault and battery, or false imprisonment might serve on him a written notice briefly stating the cause of action and requiring him to ap- pear, at a time and place named, before the judge of the court of common pleas, who was ex officio judge of the court of concilia- tion. None but the parties, guardians of infants, husbands of wives, parties plaintiff or defendant, were permitted to appear at the hearing. It was the duty of the court to affect a reconciliation if it could reasona- bly be done, and if settled the entry thereof ended the matter. Without such notice and appearance of the plaintiff before the court of conciliation he could not recover costs in the action, and if the defendant failed to appear, then if he defeated the action, he could not recover costs. In theory the law was a good one, but in practice it was a fail- ure, for the parties appeared but refused to at the court house in Evansville, and began on the first Monday in January, I853, Hon. Conrad Baker presiding. This eminent jurist and statesman occupied the bench in this court until December, 1853, being ap- pointed and commissioned by Gov. Joseph A. Wright. His successor was Judge Asa Iglehart, a man of great legal and literary attainments, who administered this import- ant trust during three years. From Decem- ber, 1856, to December, 1860, Judge Joel W. B. Moore, a citizen of Warrick county and prominent member of the Boonville bar, presided. At that time the district was composed of Warrick and Vander- burgh . counties. It was subsequently enlarged so as to include Posey and Gibson counties also. Judge Moore was succeeded in December, 1860, by Judge John Pitcher, a citizen of Posey county, and one of the ablest lawyers in the state of Indiana. After six years he was succeeded by Judge Andrew L. Robinson, who served but one year. The next to preside in this court was Judge Morris S. Johnson, who from December, 1867, to December, 1871, acceptably discharged the duties of the posi- tion. Judge William P. Edson, of Posey county, still prominent in the profession, assumed the office in December, 1871, and continued therein until September, 1872, be conciliated. The law creating this branch
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of the court was repealed in 1867. The judges of this court who resided in Evans- ville, Hon. Conrad Baker, Asa Iglehart, Andrew L. Robinson and Morris S. Johnson, are mentioned more at length elsewhere in these pages.
Criminal Circuit Court .- In 1869, the general assembly created a criminal circuit court in Vanderburgh county, the county constituting the twenty-eighth judicial circuit. The first term of this court was held at the court-house in Evansville, on the first Mon- day in June, 1869, with Hon. Andrew L. Robinson as judge, and William P. Har- grave as prosecutor. A seal bearing within the circle about the center, the words: " Vanderburgh Criminal Circuit Court, Indi- ana," and on its face the device of an eagle holding in its beak a scroll with the words "justice " written thereon, was adopted, and the court proceeded to business. Judge Robinson was succeeded in November, 1870, by Judge C. H. Butterfield, who served until June, 1872. Judge William P. Hargrave was then elected and continued to administer justice in that court until July, 1877. In the following September the busi- ness of the court was transferred to the cir- cuit court. During its existence the criminal circuit court had exclusive jurisdiction over criminal causes arising in Vanderburgh county, except such misdemeanors as were exclusively within the jurisdiction of the justice's courts. Judges Robinson and But- terfield are well known through distin- guished services in other branches of the law. Judge Hargrave possessed peculiari- ties which affected his popularity as a court officer. He was a fair lawyer and an honest judge. After leaving the bench he removed from Evansville and entered the ministry of the Methodist Episcopal church.
Superior Court .- The superior court of Vanderburgh county was created by legis-
lative enactment in 1877. Its first term was held at the court-house in Evansville on the first Monday in August of that year. Judge Azro Dyer, an able lawyer and upright citi- zen, was appointed by Gov. James D. Will- iams to occupy the bench in this court, his commission being dated July 7, 1877. By successive elections, Judge Dyer has contin- ued to serve in this important capacity to the present time. At the first term of the court, rules for its government were pre- pared by Judges Azro Dyer and William F. Parrett, assisted by Hons. Asa Inglehart, Charles Denby and Edward E. Law. The court has concurrent jurisdiction with the circuit court of Vanderburgh county, ex- cept in criminal cases.
The Bar .- The Evansville bar through- out the past has been composed chiefly of men of large legal attainments and of high character. Among the practicing lawyers either residing in Evansville or attending the courts of this county during the first ten years of the existence of the county there were many men worthy of a more extended notice than can be given in this connection. Of these, Amos Clark, John Law, Horace Dunham, John Pitcher, Eben D. Edson, and John A. Brackenridge were pre-eminent. A few years later came James G. Jones, W. T. T. Jones, H. G. Barkwell, John Ingle, jr., John J. Chandler, Conrad Baker, James Blythe, Lemuel Q. DeBruler, Thomas F. DeBruler, Thomas E. Garvin, Andrew L. Robinson, and others of superior natural endowments and large attainments.
Amos Clark was a well-read lawyer, a good counselor, fine pleader, and a man of public spirit, largely influential in the early development of this section, and one of the most prominent figures of early times. Fol- lowing the panic of 1837 he met severe financial reverses, and left here for Texas, where he permanently located. John
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Law was the first prosecutor in Vander- burgh county, and was one of the most distinguished men ever connected with the bar of Evansville. He was an able and erudite lawyer, a ripe scholar and a perfect gentleman. Full of anecdotes, with very pleasant manners, of a friendly dispo- sition and skilled in the graces of life, he was a conspicuous figure in social, as well as professional circles. Horace Dunham occupied a high place at the bar, and was considered an able lawyer and an upright man. John Pitcher, Eben D. Edson and John A. Brackenridge were not residents of the county, but their superior talents and frequent attendance upon the court gave their names an indissoluble connection with the history of Vanderburgh county. Judge John Pitcher still resides at Mt. Vernon. In vigor of intellect he stands to-day the peer of any man of his years in the state, and during the period of his activity he was always the equal of all in his profession in excellence and endowments. This vener- able man is now ninety-six years of age, but his mental brilliancy is undimmed by the weight of years. His mem- ory is good, and his conversation sharp, - pointed, and epigrammatic. He is well posted on current political events, and his mind is a veritable storehouse of use- tul information concerning the olden times. His mental strength and acuteness are such that his chief pleasures are obtained from the pursuit of scientific and literary publica- tions. Eben D. Edson was from Posey county, and John A. Brackenridge from Warrick. Each attained marked distinction not only in the county of his residence, but throughout southern Indiana. Ex-Governors Powell and Dixon and Judge Towles, of Henderson, Ky., were also prominent prac- titioners in the Vanderburgh county court in early days. The superior qualities of
James G. Jones, W. T. T. Jones, John Ingle, jr., Conrad Baker, Asa Inglehart, James M. Shanklin, and others of his associates are elsewhere adverted to. Judge H. G. Bark- well is still living, though retired from prac- tice. For many years he was a prominent practitioner throughout southern Indiana, and won honorable distinction. John J. Chand- ler was accomplished in literature, a pro- found lawyer, a progressive, generous, public- spirited citizen, and one of the brightest ornaments that ever adorned the legal pro- fession in the state of Indiana. His abilities were of the highest order and his memory is held in the profoundest respect by every one who was in a position to know his character and his worth. Andrew L. Robinson was in many respects the equal of Mr. Chandler. He was a noted man in the district, and through the force of his character and at- tainments, made his influence co-extensive with his acquaintance. Physically he was large and of commanding presence. At the bar or on the stump his speech was power - ful, and at times he was genuinely eloquent. Few men have occupied so large a place in the history of this county and section as did this learned lawyer. James E. Blythe was recognized as one of the most effective ora- tors and best lawyers in this state. He was a sound counselor and a very brilliant advo- cate. The firm of Jones & Blythe was one of the strongest in the city during its exist- ence. Morris S. Johnson was a good law- yer, safe counselor and excellent judge, but not a brilliant advocate.
L. Q. DeBruler and Thomas F. DeBruler were men of large influence, and gained for the DeBruler name a distinguished place in the annals of their times. Thomas E. Gar- vin, now the oldest member of the Evans- ville bar in point of continuous service is the link connecting the old time bar with the present period. His business conduct ex-
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emplifies the strictly honorable methods of the old-time practice. Thoroughly versed in every branch of law and familiar with every authority, he has always been a safe counselor, while his abilities as an advocate have been of a high order. His natural talents, his studious habits and his adher- ence to legitimate methods early gained for him an enviable prominence among his asso- ciates at the bar, and this position he con- tinues to hold. In his profession, in politics, and as a progressive citizen, he has for many years been a recognized leader throughout his county, the district and the state. Judge William F. Parrett was admitted to practice here in 1849, and Charles Denby in 1854. These distinguished men were important additions to the bar. Both have been for many years among the most conspicuous figures in legal and political circles in south- ern Indiana. Gen. James M. Shackelford came here in 1864. He had won distinction on the field of battle, and early attained rec- ognition as an exceptionally brilliant lawyer. About the same time, Peter Maier, a good law- yer and an upright man, and Judge Azro Dyer, an ornament to the profession, and during its entire existence judge of the superior court, became associated with this bar. Charles H. Butterfield and S. R. Horn- brook soon thereafter were admitted to practice here. Mr. Hornbrook is a cultured gentleman of literary tastes, a good lawyer, conscientious in his practice and successful. Col. Butterfield has a brilliant military record, is a well-read lawyer, and for some time has been county attorney. J. S. Buchanan, H. C. Goodwin and George P. Peck were all valuable acquisitions to the bar. Mr. Peck was a good man in every respect, of strong, clear intellect. He died here while in the practice about twenty years ago. Messrs. Buchanan and Good- win are still prominent members of the bar.
Late in the sixties the strength of the bar was greatly added to. Such men as John E. Iglehart, D. B. Kumler, James B. Rucker, Robert D. Richardson, H. A. Mat- tison, Jesse W. Walker and James M. Warren became identified with it. The two last named are no longer among the living; Robert D. Richardson has advanced to the bench, and each of the others named occu- pies an honorable and conspicuous place among those constituting the present bar. James M. Warren was prominent here for several years; his health failing, he went to Denver, Col., and there died. Jesse W. Walker had an excellent reputation as a lawyer and public officer. He held many positions of trust, and was considered one of the best men in all respects that ever lived in Evansville. Concerning those who have been most conspicuous during the last twenty years, not elsewhere noted, only brief mention can be made here.
Victor Bisch, long a member of the bar, is an able and talented man, more prominent as a public officer than as a practitioner. W. F. Smith is a sound lawyer, profession- ally above reproach, and gentlemanly in all his characteristics and conduct. Alexander Gilchrist, and his associate in business, Cur- ran A. DeBruler, are recognized through- out the state as profound lawyers. Their attainments are of the highest order, and their practice extends through the circuit, the state and federal courts to the highest judicial tribunal in the land. Mr. Gilchrist graduated at Union college, with the highest honors, practiced at Ovid, N. Y., for a time, and coming west located in Evansville. His superior abilities gave him a high rank at once, and to-day, as a counselor he is con- sidered without a superior at the bar. His studious habits have made him an erudite scholar in many branches of literature, not directly connected with his professional
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work. As a man his excellence is unsur- passed; he exhibits always the qualities of genuine and sturdy manliness; his purposes are honest, his methods straightforward and upright, and his conduct in strict harmony with manly principle and professional ethics. Curran A. DeBruler is distinguished both for his eloquence and his learning. He is a son of L. Q. DeBruler, and came here from Rockport. As an advocate he is the peer of any man in southern Indi- ana. Because of his high rank and recog- nized abilities he has figured in most of the important cases in this part of the state. He is studious, painstaking and accurate in pre- paring his cases, judicious in their manage- ment, and perfectly fair with every interested party. As a speaker he is brilliant, earnest, logical, eloquent, and convincing. His schol- arly attainments have made him popular, not only as an advocate, but as a political orator and as a lecturer. Edward Hatfield was a strong man in many ways. Self- taught and of vigorous mind, he ranked high, especially as a criminal lawyer. He died young, but not before he established an excellent reputation. Paris C. Dunning was an excellent gentleman of the old school, dignified and learned. He was here but a short time, but while a member of this bar, maintained a high standing. R. C. Wilkin- son has been a successful practitioner, mak- ing commercial law a specialty. He is prominent as a politician and popular as a man. William H. Gudgel is an able lawyer, for a time was prosecuting attorney, and made the race for congress from this dis- trict as the candidate of the republican party, but failed of election. G. E. Smith was a brilliant speaker, a good lawyer, and had a fine record as a Union soldier. He was much respected by all who knew him. John Brownlee, a graduate of Albany law school, is in all respects a good lawyer. For a time
he was prosecuting attorney and now has a good practice.
George A. Cunningham is one of the most brilliant young attorneys at the bar. He possesses the qualifications of a good lawyer, sound judgment, a clear mind, re- tentive memory, oratorical ability, and famil- iarity with the law. W. W. Ireland and Alfred C. Tanner have made creditable records as citizens and lawyers. S. B. Vance came to this city from Henderson, Ky., as attorney for the L. & N. R. R. Co. He is a finished scholar, an excellent lawyer, painstaking, careful and accurate. He is a clear reasoner, an able debater, logical and profound. Although not long a member of the bar, he has made an enviable reputation. Both members of the firm of Iglehart & Taylor, attorneys for the E. & T. H. R. R. Co., are particularly able in corporation law, and in the general practice maintain a high rank. W. J. Wood also makes a specialty of corporation law, and has made a credita- ble reputation. He came here from Flor- ence, Ala., and early exhibited great ability as a man of affairs. His enterprising spirit and energetic activity have done much to advance the material development of Evans- ville. His future is bright and enviable. J. G. Winfrey, J. G. Owen, Edward E. Law, J. E. Williamson, Philip Frey and others are men of ability, and are creditably connected with the practice.
The following list of attorneys is as nearly complete as practicable. Admissions to practice were not indexed on the early records, and on that account some names may be omitted. Many practitioners here named, especially in the first part of the list, did not reside in Evansville, but only came occasionally at term time; and in some in- stances the person named was perhaps ad- mitted to try a single case. In 1818, Jacob Call, Charles Dewey, Richard Daniel, John
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Law, William Prince, James Hylliar, Willis Garrett, Theodore Venneman, and Wilson Shook; in 1853, Willet E. Andrews. C. Osbourne, James A. Boitr, and James R. E. Goodlett; in 1819, Elisha Roberts, George W. Lindsey, Amos Clark, General W. Johnson, Charles I. Battell, Samuel Leggette, Samuel Hall and Robert M. Evans; in 1820, David Hart and Philip Triplett; in 1821, Jacob R. Everson, James McKinney and Horace Dunham; in 1823, T. J. Evans; in 1825, John Mosely; in 1829, George W. P. Maxwell and Abner T. Ellis; in 1830, Eben D. E. Edson, W. T. T. Jones, Archibald Dixon and David H. Hylliar; in 1832, James Gibbs; in 1833, James M. Lockhart; in 1834, John Taylor; in 1835, James G. Jones and Lazarus Powell, jr .; in 1836, Thomas Towles, jr., Elisha Embree, E. S. Terry and H. G. Barkwell; in 1837, Emory Kinney; in 1838, Charles Moore, Burwell B. Sayre, Francis E. Walker, John Ingle, jr., and Edward H. Hopkins; in 1839, John J. Chandler; in 1840, George Wheel- wright and James Davis; in 1841, Conrad Baker and James E. Blythe; in 1843, Ben- jamin M. Thomas, Asa C. Mills and Alvin P. Hovey; in 1844, Robert M. Evans, Samuel Peper, Lemuel Q. De- Bruler, John M. Grimes and William Newton; in 1845, James T. Walker; in 1846, Samuel R. Hammill, Thomas F. DeBruler, Hugh B. Montgomery, Nathaniel C. Foster, Thomas E. Garvin, and James J. Thornton; in 1847, John Eakin, Benoni Stinson, jr., H. Q. Wheeler, and Andrew L. Robinson; in 1848, George H. Todd, James R. Harper, and William A. Wandell; in 1849, William F. Parrett, Asa Iglehart, William S. Palmer, Lewis C. Stinson, William P. Hall, and Dennison D. Carder; in 1850, Clement B. Simmonson, Harrison S. Kiger, Thomas H. Bruner, Morris S. Johnson, and Benoni Stinson; in 1851, William Bar, Alvah John- son, John R. Garvin, William K. McGrew, and Brackett Mills; in 1852, Samuel B. John C. Patterson, James F. Welburn, J. S.
The state constitution of 1852 provided that any citizen of good moral character might be admitted to practice as an attorney in the circuit courts of the state. Under this provision a great many persons have been ad- mitted who in fact never formed a part of the Vanderburgh county bar. The admissions as fully as practicable up to 1870 will be given; and thereafter only those who for a time, long or short, have been associated with the bar as resident practitioners will be named. In 1854 William A. Jones, Z. M. P. Carter, Richard A. Clemens, James Blythe Hynes, Y. Allison, James McLain Hanna, James L. Allen, Charles Denby; in 1855, G. W. Hardin, James S. Collins, Royal S. Hicks, Lloyd M. Lowe; in 1856, Henry C. Bard, Marcellus Emery, Edmund B. Seymour, William G. McDow- ell; in 1857, Jacob Lunkenheimer; prior to 1858, John W. Foster, M. R. Anthes, Hor- ace Plumer and James M. Shanklin; in 1858, Alexander C. Donald and William E. Rust; in 1859, Samuel K. Leavitt, George W. Moore, William H. Walker, jr., A. T. Whittlesey, John E. Gallagher and James Reid; in 1861, George W. Merrill; in 1862, Albert G. Dennis, James C. Denny, J. G. Shanklin, Ben Stinson, C. E. Marsh, E. E. Law, George W. McBride, Peter Maier; in 1864, Azro Dyer, Robert A. Hill, Will- iam Reavis, Napoleon B. Risinger, Andrew J. Fletcher, J. M. Shackelford, George W. Shanklin; in 1865, Charles H. Butterfield, Charles G. Bennett, J. G. Gardner, W. P. Hargrave, S. R. Hornbrook; in 1866, Selby Harney, William Land, Thomas L. Davis; in 1867, John E. Cleland, John Brownlee, Charles Potter, John McGrath, William G. Williamson, William H. Beadle, H. C. Gooding, C. W. Molton, George P. Peck,
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Buchanan, J. H. Beadle, George Peck, William Harrow; in 1868, L. T. Harris, Jesse W. Walker, Calvin Taylor, James M. Hanna, J. B. Rucker, Clinton Staser, David D. Doughty, Joseph McClary, Patrick A. Curtis, A. H. Clark, Thomas R. Cobb O. F. Baker, Henry W. Bippus; in 1869, H. A. Mattison, R. D. Richardson, J. E. Iglehart, D. B. Kumler, Charles II. Mann, John Schubert, Moses Weil, LeRoy Will- iams, N. F. Malott, James M. Warren, S. D. Dial, J. G. Dailey, Luke Wood, George W. Robertson, Lee Dinkelspiel, Curran A. DeBruler; in 1870, Galen L. Spencer, Ar- thur E. Adams, George K. Amory, Gaines II. Hazen, William A. Tracewell, William A. Porter, W. Frederick Smith, J. E. Will- iamson, Edwin R. Hatfield, Royal S. Hicks; in 1870 and 1871, Victor Bisch, W. M. Blakey, Cicero Buchanan, T. L. Davis, John C. Graham, Jacob Herr, Harrison R. Littell, J. M. Hum- phreys, William D. Mayhall, Thomas J. Moon- ey; in 1872 and 1873, William Armstrong, James W. Brown, William Fordham, A. C. Hawkins, Alexander Gilchrist, George L. BIOGRAPHICAL. Meddrick, Alfred C. Tanner, Rane C. Wil- JUDGE ASA IGLEHART .- Levi Iglehart, kinson, Fount S. Yager; in 1874, Edwin S. the fifth son of John Iglehart, of Anne Arundel county, Maryland, was born August 13, 1786; married Anne Taylor, and about the year 1815, crossed the mountains and settled in Ohio County, Ky., where their eldest son Asa, was born December 8, 1816. In 1823, the family moved to Warrick county, Ind. In later life Judge Iglehart thus described southern Indiana as it was when he moved here: "The country was wild indeed; there were no roads, mere paths, no wagon roads, no wagons to run in them, and no houses but log cabins. There was not more than one or two .frame houses in Warrick county. The whole country was a wilderness, in which wild game was very
1879, Hugo Legler, August Pfaefflin, James. Wartmann; in 1880, Converse Clement, Duncan C. Givens, Thomas Hislop, S. B. Vance, Charles L. Wedding, W. J. Wood, W. R. Shackelford; in 1881, R. C. Benjamin, William A. Cord, Henry L. Minor, Henry S. Slaughter, Wil- liam Kerlman, John Lenihan, jr., D. B. Miller, Aaron W. Richards, C. S. Roberts; in 1882, George S. Clifford, H. P. Cormick, Theodore Landsberg, O. W. Mitchem, N. E. Talley, Edwin Taylor; in 1883, Thomas E. Crumbaugh, Graham F. Denby, W. S. Hurst, Willis Charles, J. F. Parrett, Daniel H. Patrick; in 1884, Thomas H. Brown, James L. Keith, Alfred H. Edwards, W. J. Vickery; in 1885, John Coker, John H. Foster, Thomas E. Garvin, jr., C. B. Harris, Charles E. Johnson, A. J. McCutchan, James G. Owen, A. L. Wheaton; in 1887, J. A. Clippinger, Louis O. Rasch, Andrew C. Vance; in IS88, Willis Howe, Walton M. Wheeler, John L. Craig, T. S. Harrison, Oscar E. Wood, W. C. Wilson, Leroy M. Wade.
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