History of Vigo county, Indiana, with biographical selections, Part 34

Author: Bradsby, Henry C
Publication date: 1891
Publisher: Chicago : S.B. Nelson & co.
Number of Pages: 1032

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Judge G. W. Buff, elected as successor to Judge Scott, held the unfinished term of October, 1882. He continued to preside until 1884, when by act of the legislature Vigo county was formed into a separate judicial circuit-the Forty-third, when the present in- cumbent Judge William Mack was elected for a term of six years- December, 1890.

George R. C. Sullivan succeeded Doty as prosecuting attorney. He retired in 1824, and was succeeded by John Law.

John I. Scott was prosecuting attorney in the early part of 1864. He was succeeded by Henry H. Boudinot.

Something of the order in which the attorneys became practi- tioners in the Vigo County circuit is the following list that was made by Charles T. Noble, who was the successor of Curtis Gilbert as clerk of the circuit court, and held the office two full terms -- fourteen years, commencing in 1849, and ending in 1863. The list is found in the waste leaf of one of the old records with no other explanation than that it was made by Mr. Noble. It is not stated why he commenced in 1824, and then brought it down no later than 1846. To the list the compiler has added such names to Mr. Noble's list as he found mentioned in the body of records as being present and engaged in causes. With this explanation it is given as fol- lows: In 1824, Amory Kinney, George Ewing; 1830, Joseph A. Wright; 1832, James Whitcomb, Salmon Wright; 1833, Samuel B. Gookins; 1835, Cromwell W. Barbour; 1838, Delany R. Eckles, Will- iam D. Griswold, Jesse Conrad; 1839, G. George Dunn, Edward Gaughey, Timothy R. Young; 1840, John P. Usher, Orson Bar-

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bour, Welton M. Modesitt, Seymour Gookins; 1842, James H. Henry, Usher F. Linder, R. C. Gregory, J. K. Kinney; 1843, Rich- ard W. Thompson, Grafton F. Cookerly, William K. Edwards, Wells D. Hamilton; 1844, Henry S. Lane, Hugh O'Neal, James C. Allen, Thomas H. Nelson; 1845, James M. Hanna; 1846, Alex- ander Thompson, William A. Mckenzie, R. N. Watterman, Robert N. Hudson, Harvey D. Scott; 1847, J. W. Osborn, McRoberts, Hathaway; 1848, Luke Reilley; 1867, Thomas N. Rice.

Prosecuting attorneys were elected for a term of two years: Sant C. Davis, 1870-72; R. S. Tennant, 1872-74; A. J. Kelley, 1874-82, three terms; John W. Shelton, 1882-84; David W. Henry, 1884- 88; James E. Piety, 1888 (present incumbent).

October, 1824, Samuel W. Osborn made application to the court for naturalization, stating that he was born in 1802, near York, Upper Canada, and removed permanently to the United States when of the age of twenty-one years.

At the April term, 1821, Judge Jonathan Doty ordered spread upon the records the following.

"In conformity with the 64th section of the act entitled 'an act reducing into one all the acts and parts of acts now in force in this State regulating proceedings in actions at law, and in suits in chancery,' I have examined the office of Curtis Gilbert, clerk of the circuit court for the county of Vigo, and do report that all the books in said office are kept correctly, and the entries therein executed in a masterly manner, and also the papers in said office properly ar- ranged and carefully preserved."

Recapitulation of Judges .- Thomas H. Blake, the first president judge, held from May 4, 1818, to December, 3, 1818.

General Washington Johnston, Esq. (the "General" being a Christian name), held the office of judge from December 3, 1818, till the legislature elected, April 10, 1819; Jonathan Doty, then elected for seven years, served three, from April 10, 1819. Doty and Gen- eral Johnston each appended to their names in signing the record great flourishes and quereques. Jacob Call was judge from April 22 to October, 1824; John R. Porter, from October 24 to May, 1830. The first nine years' sessions of the court are all in one record volume.

In May, 1830, John Law was appointed and resigned in August, 1831, and General Washington Johnston, Esq., was again appointed till the legislature would elect. He served until January, 1831, when Amory Kinney was elected, and served seven years.

In January, 1837, Elisha Huntington. He resigned in 1841, when William P. Bryant was elected and served till January, 1844, when he resigned and John Law was elected. He presided until July, 1850, when he resigned, and S. B. Gookins was appointed,

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serving until January, 1851, when Delana R. Eckles was elected by the legislature for seven years. Under the new constitution his term expired in October, 1852, when James Hughes was elected for six years by the people. He resigned in April, 1856, and Ambrose B. Carlton was appointed until the next October election, when James M. Hanna was elected and served from October, 1856, until December, 1857, when Solomon Claypool was the presiding judge, and held it until the election of D. R. Eckles, in October, 1864. Eckles was legislated out of the circuit in 1867, and R. W. Thomp- son appointed. In October, 1867, Chambers Y. Patterson was elected and served until his death, in 1881. Harvey D. Scott was appointed in January, 1881, and held until November, 1882, when George W. Buff was elected. In February, 1883, the circuit was changed, leav- ing Judge Buff in Sullivan county, and Harvey D. Scott was again appointed, and held until Judge William Mack (present judge) took the office in November, 1884.

This recapitulation is taken nearly verbatim from a "list of cir- cuit judges," published in the Terre Haute Gazette, July 12, 1887. The list was made out by the present judge of the circuit court, and agrees with the record as given in the preceding page, except that it overlooks the terms of Judge Samuel F. Maxwell. Judge Patter- son, by election, succeeded Judge R. W. Thompson in 1867, but did not " serve from that time continuously until his death." He served, it seems from the record, his first term commencing in 1867, and was a candidate for re-election, and was beaten by Maxwell, who presided until 1878, when in the new circuit of Vigo and Sullivan, Patterson was again elected and during his term died.

Superior Court .- An act entitled " An act to establish a superior court in the county of Vigo, defining its authority and jurisdiction, providing for the election and compensation of the judge thereof, and providing for a vacancy in the office of judge of said court, and to abolish the criminal court of said county, to take effect on the third Monday in November, 1882, and to transfer the business there- of to the circuit court thereof at said date, and declaring an emer- gency, approved April 8, 1881." Clerk of the circuit court, and sheriff of the county shall be respectively the clerk and sheriff of said court. The courts shall be held on the first Mondays in March, June, September and December. The said court shall have origi- nal and concurrent jurisdiction with the circuit court in all civil cases, and jurisdiction concurrent with the' circuit court in all cases of appeal from justices of the peace, boards of county commissioners, and mayors and city courts in civil cases, and all other appellate jurisdiction in civil cases now vested in, or which may hereafter be vested by law in the circuit courts; and said court shall also have concurrent jurisdiction in all actions by or against executors, guard-

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ians or administrators, provided, however, that said superior court hereby constituted, shall not have jurisdiction in matters of probate, or the settlement of decedents' estates, but the same shall be and remain within the jurisdiction of the circuit court, as now provided by law." A vacancy was declared and the governors ordered to appoint a judge.

Immediately upon the passage of the act Gov. Porter appointed Baskin E. Rhoads judge of the said superior court of Vigo county, in the Fourteenth Judicial Circuit. The first session of the court convened June 6, 1881. The first order appearing on the record is as follows: "Ordered that the seal of the superior court of Vigo county shall consist of a circular stamp, in the center of which stands Artemis blindfolded holding pair of ballances in the left hand, and a drawn sword in the right." The friends of Judge Rhoads fancied they could see in this happy classical conceit his ready suggestion.

In 1882 Vigo county was made a separate judicial circuit-the Forty-third, and at the November election of that year Hon. James M. Allen was elected judge of the superior court for a regular term of four years. He was re-elected in 1886, and is the present in- cumbent. His term of office will expire in December, 1890.

Judge Thomas H. Blake, the first president judge of the circuit court of Vigo, lived in Terre Haute and practiced his profession with eminence for more than thirty years after retiring from the bench. He died early in the fifties in Cincinnati, and was buried in Terre Haute.

Among the earliest and for years among the most prominent at- torneys to locate in Terre Haute was James Farrington. He lived here to old age and for many years was regarded as one of the lead- ing men in Vigo county, prominent in all her public affairs, and was noted for his public spirit and enterprise.

Judge Amory Kinney was a native of Bethel, Washington County, Vt., born April 13, 1791, and died on a visit for his health at his old home at the age of sixty-eight years and six months. His education was derived from rather scant opportunities in the com- mon schools. Before his majority he emigrated to western New York, which was then inviting emigrants from New England, and he settled in the town of Courtlandville, Courtland county, where he commenced work at the age of nineteen in a cotton factory. The factory was burned, and he was with others thrown out of employ- ment. He was soon after elected constable. While in this po- sition he engaged his leisure hours in studying law, and about the year 1819 was admitted to the bar in the United States court, when he at once came to the west and settled in Vincennes. From Vincennes he moved to Washington, Daviess county, practicing law at both

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places along the counties on the Wabash from the Ohio to Terre Haute. In 1824 he became a member of the Vigo county bar. He became a permanent resident of Terre Haute in 1827. The next year he was elected justice of the peace, which office, after filling some years, he resigned. He was elected to the legislature in 1830, being successful in that contest over Judge Jenckes. He was ap- pointed president judge by Gov. Noble in 1831, upon the resig- nation of Judge Law. He held but one term of the court under the this appointment and then was elected to a full term of seven years, filling the office during the entire term with acknowledged impar- tiality and ability. He was a candidate for congress in 1833, his competitors being William C. Linton, George Boone, John Ewing, John W. Davis, Hugh L. Livingston and John Law. He was again elected to the legislature in 1847-48. The court of common pleas was established in 1852, and he was elected judge of the court for a term of four years.

At the end of his term of judge of the court of common pleas for Vigo county in 1856, his robust constitution began to give way and his health was so impaired he visited his native State, in the hope of regaining his health, where he died.

Judge Kinney was the last survivor of the early lawyers at the Vigo bar. Of the long list of judges, lawyers, grand and petit jurors, officers, bailiffs and parties to suits and witnesses, all have long since departed. For years he was the head of the law firm of Kinney, Wright & Gookins, leading practitioners in all the courts in a wide extent of country.

Judge Samuel Barnes Gookins .- In 1877 he wrote: "It is only a little more than fifty-two years since I landed from the canoe at Modesitt's ferry. Indiana was then seven years old and had made quite a start in the world (1823). May 5, 1823, I set out from the home of my boyhood, Rodman, Jefferson county, N. Y., to reach the west by the new route, in company with my mother, a brother of twenty-three and myself, not quite fourteen. We traveled by wagon fifteen miles to Sackett's Harbor, where we took passage on the Ontario, the second steamer I believe that navigated the lake whose name she bore. The lake was unusually rough, and the steamer, a heavily laden and slow-going craft, propelled by a low- pressure engine, made slow headway. After contending with con- trary winds for a night and day we put about for Sackett's Har- bor. The next trial was more successful, and though encountering a heavy gale we reached the mouth of the Genesee, ascended that river to Carthage. Here I saw my first railroad, in other words there I saw an incline tramway running from the wharf to the top of the hill to the storehouse-a double track worked by a windlass at the top, the motive power being the dead weight; the

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descending car drew the other up with extra weight to adjust the 'balance of trade.' * * [He then relates the long voyage and its perils in going from there to Johnstown, 'a little way up the Niagara river.' ] The same day reached Lewistown, seven miles below the Falls. having consumed eight days in making the trip. Here we took wagons and came to a landing called Fort Slosher's, a few miles above the falls, then by open boat to Buffalo.

[He tells of the difficulties they encountered here, and the change made in their intended route by the disappointment of finding no craft to take them to the mouth of the Miami of the lakes. After waiting several days for the 'Superior', the only steamer on Lake Erie, they finally embarked on a schooner for Detroit. They left Buffalo late in the afternoon in company with some forty passengers, most of them on their way to the new country, Michigan Territory. At De- troit they reshipped in a schooner for Fort Meigs, at the head of Miami bay. ] The next feat to be accomplished was the ascent of the Miami, or Maumee as it is called. We there found an old French trader with a canoe constructed in a style much superior to a common pirogue. His price for it was $20, which we considered too high. * * * At Fort Wayne we procured an ox-team and a two-wheeled cart and made the ten-mile portage in that, hauling our canoe also. *

* We set our canoe afloat in a marsh cov- ered with pond lilies, and had quite as hard work pushing through them as we had in pushing up the Miami. We reached the Wabash however after a vigorous effort, and set out upon its down- ward current.

"June had arrived and the water in the river was low. We had no pilot, and not being acquainted with the currents, the navigation of the stream was attended with much difficulty. One day we only made about five miles. When we found the water too shallow to float our craft, we went ashore, cut a hickory sapling, split it, pulled off the bark, and laying the flat side downward, mounted the canoe upon it and shoved it over into deep water. This accom- plished, we were in a swift current, and my place was at the bow, with a setting pole, to keep her from striking upon the rocks, of which the river was full, while the other brother officiated as pilot at the stern. One afternoon, late, we were caught aground, and 00* lay out in the middle of the stream all night. * The first settler we found on the river was near the mouth of the Wild Cat, not far from the present crossing of the New Albany & Salem Rail- road. The next settler on the river was Filson, some two or three miles above the present site of Montezuma. We went ashore where is now the beautiful city of Lafayette. The Indians were friendly, often hailing us from the shore and wanting to trade, offering to exchange their wild game for cornmeal, an article always in demand by them.

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" On June 18, 1823, we landed at Fort Harrison, and after hav- ing reconnoitered the post to our satisfaction, we again took water, and an hour later landed at Terre Haute, having made the trip in six weeks and two days." Considerably more than half the time now required to go around the globe, and with ten times the expos- ures and dangers.

This part of Judge Gookin's narrative is very valuable for many reasons. It is a graphic representation of how one of the pioneer families (a widow and her two young sons) came to the west in 1823, and that, too, by the new route by the lakes. This was after steam navigation had become of practical use in travel and com- merce between the east and the west. Even then, as is easily understood from the narrative, it required surely women of no ordi- nary mold to pick up their children and turn their faces toward the distant and unknown west. Such people should have bred a new race of men and women-and they did.

The true western character is a marked and strong one, and their achievements are the marvels in history. To this hour the descendants of the pioneers are distinctly characterized by strength of character, rather than by polish or finish.

Samuel B. Gookius was born at Rupert, Bennington county, Vt., May 30, 1809, the youngest of ten children of William and Rhoda Gookins. In 1812 the family emigrated to New York. The father died two years after, leaving the wife and eight children dependent upon the mercies of the world. He died in Chicago, where he made his home in the latter years of his life, June 14, 1880.

Hon. John P. Usher came to Terre Haute in 1839, and at once entered the firm of Usher & Griswold ( W. D.). Mr. Griswold had preceded Mr. Usher some time, and had begun to have some practice upon the arrival of the latter. The first acquaintance and partnership were near the same time. The partnership was in time dissolved, because of the claims on Mr. Usher of C. Y. Patterson, a relative, but the warm attachment and esteem of the two men con- tinued, and ended only in death.

Mr. Usher came to Terre Haute in an open buggy from his home in Chenango, N. Y., with a young man who soon returned to New York. Mr. Griswold says, at that time he was boarding at the Prairie House, kept by Theron Barnum, afterward a noted hotel man in St. Louis. He says: "That hotel was then a paradise, and there was such a charm about it as I have never felt before or since in my life. Of all those who then illuminated that place, and whose electric touch holds to the heart even now, I know of only four living, to wit: David S. and Mrs. Danaldson, of Terre Haute, and Burr P. and R. W. Noland, of Virginia."

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"Here on a frosty morning in the fall, as I left the breakfast- table and walked to the fire-grate of the office room, I was followed, first by a young, strange guest, and meeting face to face before the bright grate we nodded our respects and opened up a talk, which was the introduction to an intimate business and brotherly associa- tion and intercourse of fifty years. I had then been in Terre Haute about a year and a half (half of the time a teacher). I had a com- pound lodging and office in the one-story building at the corner of Second and Cherry streets. The adjoining and connecting room was the mayor's office (B. M. Harrison was mayor -- by jurisdiction justice of the peace -- ) by title mayor. Here I was lodged, and making my board and clothes as a lawyer. Terre Haute was a safe place. In the summer I slept with the doors and window open, and the only intrusion I ever had was by a dog which came in uninvited and took a place on the bed by my side.

"Into this place Mr. Usher first came with me. We formed a partnership which lasted many years, and would have continued but that his brother-in-law, afterward Judge Chambers Y. Patterson, who had studied in our office, had claims upon his thoughts and interests, and so we separated in all but affection. Mr. Usher almost immediately returned to New York, and by agreement after a few weeks came to Terre Haute. *

* He was my junior in age by about two months, and was then much of a lawyer, having had long education by reading and observation in the office of a lawyer of ability, and in the struggle of legal trials conducted by masters of the law. But his opportunities for general culture had been small. He was not a classical scholar nor a general literary student."

Mr. Griswold informs us that he landed in Terra Haute endowed with the change of half a dollar; that Mr. Usher had a few law books and a mere pittance of money, so the paid-up stock in that firm was small and nearly equal.

Mr. Usher is said to have become a national man through the political side of his life, especially when he became a member of Mr. Lincoln's cabinet, but the truth is his genius was greatest and best as a court and jury lawyer. The official positions he held were breath- ing spells in his busy life as a lawyer. That here he had genius of a high order was soon recognized when he was yet a young member of the Terra Haute bar. But the moral qualities of Mr. Usher's character were distinctive features of the man, and no man is great without these qualities. His virtues were not demonstrative, but natural and beneficial to many. His nature was unselfish and kindly, although he seemed unwilling that it should be recognized. What- ever cause he engaged in, he went into with zeal, and his greatest stimulus was his belief of the unmerited wrongs of his client. He

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was a true and faithful citizen by a principle to which he adhered with conscientious tenacity. With no dogmas of religion and no bigoted opinions regarding the mysteries of death and eternity, he was scrupulous upon all points of practical morality, could bear no thought of wrong nor endure a knowledge of oppression or cruelty without abomination. His obligations of life he observed with sleepless remembrance, nor was he idle or easy until all was can- celed and satisfied, whether pecuniary or social. He was helpful to the unfortunate, sympathizing and encouraging to the poor and needy, merciful to the wicked in distress, tolerant and charitable to the abandoned and profligate and indifferent to the proud and vain. His friendships were sincere and enduring. He was an affectionate son and brother. Soon after his establishment in Terra Haute his family followed him-father, mother, brothers and sisters. He was their patron; aided them all and severally, with his money and his interest, and with attention and solicitude, guarded and guided their movements of life. First and most notable he was a most loving and faithful husband and father. Such was John P. Usher.

He left Terre Haute some years ago to accept an important position offered by the Union Pacific railroad, and made his home during the remainder of his life in Lawrence, Kas.

He died in 1889 in Philadelphia from the effects of a surgical operation performed by Dr. Agnew, or rather the operation had been fatally delayed and his system never rallied from the effects of this operation, which was the only hope of prolonging his life.

A Philadelphia despatch, dated April 12, 1889, says: "Hon. John P. Usher, who was Secretary of the Interior under President Lincoln, died at the University hospital, this city, this morning. Mr. Usher came here from Florida, where he had a winter residence, about two weeks ago, to undergo an operation for the removal of a tumor from his throat.

Prof. Agnew successfully removed the growth, but the patient, notwithstanding the efforts made to save his life, died at 11 o'clock this morning. Mr. Usher was born in Madison county, N. Y., in 1816. For some years past he lived at Lawrence, Kas., where he acted as counsel for the Missouri Pacific and the Kansas Pacific railroads."

To this a local paper here added: "For years Hon. John P. Usher was a resident of Terre Haute, and was one of the ablest and best known lawyers that practiced at this bar. He lived here. when he was appointed to the cabinet of President Lincoln, his residence being the one now occupied by H. Hulman, on Ohio street. Mr. Usher's wife is a sister of Mrs. Sarah Deming."

Col. William K. Edwards .- A notable funeral was that of Col. Edwards, who died in his room at Terre Haute house, Thursday

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morning at 6 o'clock, September 25, 1878. The announce- ment caused the State to put on the emblems of mourning, and attending the funeral came special trains from all points of the compass, bearing heavy loads of people. The crowds from Indianapolis were very large, and among them were the entire State officers, staffs, guards and military commands. There was, it is said, but one occasion where an equal demonstration was ever made at a funeral in Indiana, and that was at the burial of Gov. Morton.

At a meeting of the members of the bar of Vigo county, called for the purpose of taking proper steps in regard to the death of Col. W. K. Edwards, Hon. H. D. Scott was called to the chair, and J. H. Blake appointed secretary.

Judge Carlton made appropriate remarks and moved the ap- pointment of a committee to draft suitable resolutions of the bar "in regard to the demise of an esteemed friend and brother attorney."

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History of Vigo county, Indiana, with biographical selections, Part 34

Author: Bradsby, Henry C Publication date: 1891 Publisher: Chicago : S.B. Nelson & co. Number of Pages: 1032

Author: Bradsby, Henry C
Publication date: 1891
Publisher: Chicago : S.B. Nelson & co.
Number of Pages: 1032