History of Vigo county, Indiana, with biographical selections, Part 35

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

USA > Indiana > Vigo County > History of Vigo county, Indiana, with biographical selections > Part 35

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Col. William E. McLane seconded the motion, and in support thereof spoke feelingly of the deceased and of his long and inti- mate acquaintance with him, and of the many good qualities of which the deceased was possessed.

Judge C. Y. Patterson, a friend of Col. Edwards for forty-two years, then through much emotion spoke for a short time.

Gen. Cruft, who first met Col. Edwards December 6, 1830, gave some early reminiscences of Col. Edwards' life, and a short sketch of his life after coming to Terre Haute.

Judges Long, William Mack, John G. Crain, Charles E. Hos- ford, James M. Allen, S. M. Stimson and B. F. Havens all spoke of the dead in tender and affectionate terms.

The committee, A. B. Carlton, William Mack, Charles Cruft and T. B. Long reported as follows:

"We, the members of the Terre Haute bar, having assembled to pay a tribute of respect to our, lamented brother, William K. Edwards, submit the following:

"William K. Edwards, who departed this life on the 25th inst., had been a member of this bar for thirty-five years. During all this time, while he was not a solicitor for general practice, he did a large amount of legal business, and for promptness, accuracy and strict probity in lis profession, he had no superior. His character for integrity, not only in his profession, but in every walk in life- was spotless. As a gentleman he was highly accomplished, and was endowed with that obliging disposition and rare urbanity of manners which made him an universal favorite in the social circle. As a friend he was warm-hearted, self-sacrificing, and as true as steel. As a citizen lie was the full embodiment of energy, liberality

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and benevolence, and in all the qualities of head and heart he was a man such as we shall rarely meet again." Similar resolutions were passed by the board of managers of the Rose Polytechnic Institute, of which board Col. Edwards had been the secretary, and by the Terre Haute Lodge, No. 57, I. O. O. F. All the military and civil organizations of Terre Haute and the adjoining country were part of the great pageant that bore the remains to their final resting place. Col. William K. Edwards was born near Louisville, Ky., about the year 1820. His mother was a relative of Gen. Zachary Taylor. Col. Edwards graduated at the Indiana State University at Bloomington in the fall of 1841. He attended two courses of lectures at the Transylvania University at Lexington, and was a graduate of both these schools. He located at Terre Haute in 1843, and commenced the practice of his profession. In 1845 he was, with John Dowling, elected to the legislature, both Whigs. He served three subsequent sessions in that body, and was made speaker of the house in 1873. He was noted as one of the ablest parliamentarians of the country. Was elected the first mayor of Terre Haute after its organization as a city, under the act of 1853, and held that position two terms. And was one of the trustees of the Indiana State University nearly twenty years, and was president of the board at the time of his death. Also was secretary of the Rose Polytechnic Institute, and had contributed by his labors much toward organizing that school, delivering the address at the laying of the corner-stone; and was a director in the Terre Haute & Chicago, and the Terre Haute, Indianapolis & Vandalia railroads, and of the First National bank of Terre Haute. He was for years president and manager of the Draw-bridge company, An emi- nent Odd Fellow, and was past grand master of that order in Indiana; a prominent Mason, He was one of the executors of the last will of the late Chauncey Rose. In politics he was an earnest and leading Republican.

Judge Patterson .- Chambers Young Patterson was born at Vincennes, July 3, 1824, He received an academic education at the State University of Indiana and at Bardstown, Ky., where with high distinction he graduated in the summer of 1843. Soon after leaving school he entered the office of Usher & Griswold, Terre Haute, as a law student, and afterward graduated at Harvard University, where he enjoyed the rare privilege of being a student under Judge Story, the Gamaliel of American law learning; also of attending the law lectures of Judge Greenleaf, who was at that time a member of the Harvard faculty. He graduated at Harvard in 1847, and soon after entered upon the practice in partnership with his brother-in-law, Hon. John P. Usher.

In 1852 he was married to Miss Anna, daughter of Judge John

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Law, for many years one of the eminent judges of western Indiana.

Judge Patterson was elected mayor of Terre Haute in May, 1856; re-elected in 1857 for two years, and again in 1859, but resigned to accept the bench of the Tenth Common Pleas district composed of the counties of Parke, Vigo and Sullivan. He was a candidate for re-election to this judgeship in 1864, but was de- feated by Hon. Samuel F. Maxwell-the model man and judge. And this was the only defeat that ever overtook Judge Patterson who was the largest part of his active life in public positions. Soon after his defeat he formed a partnership with Judge James M. Allen.

In October, 1867, he was elected judge of the Eighteenth Indiana circuit, composed of the counties of Vermillion, Parke, Sullivan and Vigo; was re-elected in 1872 and again in 1878; this then being the Fourteenth Indiana circuit-Vigo and Sullivan counties. This place he was holding at the time of his death. His ambition followed closely in the grooves of his profession. The extent of his departure being that of a delegate to the National convention in New York in 1868.

No man as president judge of our courts was ever held in higher esteem than Judge Patterson, and this was true of all people. At the bar meeting Senator Vorhees among other things said: "I did not expect to speak here to-day, as I should desire to at some future time. *

* I can not do justice to myself to-day, but I thought that my friends and neighbors here would justify me in leaving my post of duty to come and share in the general grief. We can not do anything for the dead-they are beyond our help. * * When I shall have returned to my post of duty I shall have traveled 1,600 miles to attend Judge Patterson's funeral, and that is some of the evidences of the respect I had for him. I formed his acquaintance nearly thirty years ago, and during that period he was a delightful person to me, and when we parted last fall we parted with as affectionate and sunny atmosphere between us as we ever had in our lives. It is a pleasure for me to say this. He was a man of strong and vigorous intellect; of great individu- ality and of robust temperament. Few men ever had more local influence, and there is scarcely a man in Terre Haute whose death could be more regretted. He was a man of public enterprise; he noted everything that was going on which concerned the community in which he lived."

Judge James M. Allen, at one time the law partner of Patter- son, concluding his remarks at the bar meeting said:

"In conclusion, gentlemen of the bar, I want to say that I conscientiously believe that if there is such a thing as an upright and impartial judge; if there are strictly honest and conscientious

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men in this world, Chambers Young Patterson was one of those men; and that the highest eulogy that can be paid to the honored dead, is to be able to say truthfully that he lived and died an up- right honest life."

Hon. Bayliss W. Hanna concluding his remarks on this occasion said: "In this solemn presence, brethren, let us stand together in tender remembrance-every passion still, every harsh resolve forgotten, every trace of envy changed to reverence, all ambition melted into tears, and feel as we say, this is the last of earth."

He made his family residence at the Terre Haute house, where he breathed his last on the morning of January 17, 1881.

"God's finger touched him and he slept."

Judge Patterson left to mourn his loss a wife and two sons, John and Ewing, and a daughter, Margaret, a brother, James Patterson, of Parke county, and three sisters, Mrs. Deming, Mrs. Usher and Mrs. Linton.

John Pierson Baird .- In any future time the historian of this part of Indiana, will, as he continues to delve in the lore of the past, be sure to find one name that will at first, perhaps, make but little impression on his mind, yet, before he finishes his story, that name will grow and grow upon him, and he will come to love and rever- ence it. I imagine the one name that will pre-eminently thus act on his mind will be that of Col. John P. Baird. He was born January 5, 1830, and died March 7, 1881, aged fifty-one years, a native of Spencer county, Ky., on the old Baird farm on Simpson creek, eight miles from Taylorville, the son of Stephen and Sarah Baird. His father was a native of Ireland; his mother of Spencer county, Ky. In 1832 his father sold his Kentucky property and removed to Vigo county, and purchased his farm in Pierson town- ship, where he resided until his death, about 1841. On this farm John spent his youth, with the exception of a short time clerking in a store at Lockport. His entire educational opportunities were in the neighborhood schools. When eighteen he attended school at Franklin College, Indiana, two years. He then came to Terre Haute and was given employment by Charles T. Noble, circuit clerk. In 1851-52 he attended the law school at the Bloomington State University, paying his own way all the time, assisted only by the noble generosity of his employer, Mr. Noble, which kindness he never forgot. March 10, 1852, he was admitted to the bar, and in the April following to a partnership with W. D. Griswold. He at once took a place among the foremost of the then able bar of the county. Mr. Griswold retired from the practice in 1854, and turned over to Mr. Baird the office, library and extensive practice. Soon after Salmon Wright and Mr. Baird entered into partnership in the practice of the law, this continued three years. Afterward he was associated with Edward E. Bassett.

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In the summer of 1885 Col. Baird was elected on the Republican ticket a member of the legislature, serving in the call session of that body.

September 1, 1862, he was commissioned colonel of the Eighty- fifth Indiana, and went at once to the field, first to Covington, Ky., then to Falmouth, Lexington and Danville. In February 1863, he, with his command, went to Louisville, and from there by water to Nashville, and from there to Franklin, Tenn. He was brigaded with the Thirty-third Indiana, Twenty-second Wisconsin and Nineteenth Michigan, under. Gen. John Coburn.

March 5, at Thompson's station, Gen. Coburn met Gen. Forrest, . and his entire command was captured. The prisoners, Col. Baird among them, were marched to Tullahoma, under great hardships, and from there the officers were sent to Libby prison, the rank and file being released. After being in prison a little more than two months he was exchanged; returned, and again organized his regi- ment and returned, to Franklin, Tenn., where nearly constant skir- mish engagements with the enemy occurred. It was during his stay here that occurred the notable capture, trial and execution, under his command, of the spies, Williams and Peter. This was one of the stern and awful circumstances of war, and there is not much doubt it affected Col. Baird during the remainder of his life. He and command participated in the Atlanta campaign, engaged in the many battles of that campaign, and notably at the charge at Resaca. During this campaign his health gave way, and he had to resign June 20, 1864, after which he returned to Terre Haute and resumed the practice of the law. He soon after formed a partnership with Gen. Charles Cruft. For the next ten years this firm had an im- mense practice, and probably as much from overwork as anything else, but from various causes, his health again failed him, and in 1875 it was painfully evident that impairment of the mind had taken place. He continued at home under medical treatment until April 1, 1876, when he consented, under the advice of friends, to be taken to the Indiana Hospital for the Insane for treatment. He went pleasantly, never to return alive. With varying hopes to be again dashed, he would improve, and at one time his health so im- proved that the greatest hopes were encouraged, but "Canst thou minister to a mind diseased?" An ac ute attack of the kidneys set in and in three weeks thereafter the end came. He was in the hos- pital five years, lacking a few days, and his friends think that in all that time his clouded mind experienced little or no suffering.

Col. Baird left no lineal descendant to bear his name. An infant son, born to him in March, 1876, after his mental infirmities, survived him but a few months. His widow and a brother and a half brother were all that were left behind him of close kith or kin.

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His body was brought to Terre Haute, and after its long fever, sleeps peacefully in Woodlawn cemetery.

While more of him is said in the foregoing as a soldier than as a jurist, yet it is. in the latter that is all the real man. He was a born lawyer, and no training nor circumstances could have ever made him a soldier. Full of idiosyncracies, this many-sided man was peaceful, kind, benevolent, and his mere physical nature was more of a nurse, succoring affliction, rather than destroying or maiming and killing.

He was twenty-two years old when he became a member of the Vigo county bar. Among those in full practice at that time were William D. Griswold, John P. Usher, Richard W. Thompson, Amory Kinney, Salmon Wright, Samuel Barnes Gookins, Cromwell W. Barbour, and among the younger members, Harvey D. Scott; Newton Booth, afterward senator from California; Blackford B. Moffatt, Charles Dewey, Jr., Thomas H. Nelson, and others who have since made national names and fames.

There was none of the polish in either his professional or literary training and education, but strength in every direction. His memory and also his knowledge of human nature were extraor- dinary. He quoted the law from memory, giving volume and page, and it is said could for months after a trial give the impor- tant details of every witness' testimony; having scant imagination and none of the arts of oratory, yet so well did he know the jury that in his peculiar interrogative way of conversational addresses, he would, in an incredibly brief time make, as he would sometimes call it, his same speech twelve times over, once for each juror. The rock on which this great lawyer's life was wrecked was the army. He watched and studied himself; in the latter time of his practice he must in his lonely musing have looked the coming madness in the face. He realized the seeming lack of adjustments in his mind that would come upon him, felt the opposing forces at work there, and to his most inward friends he sometimes spoke of it, and then referred to the subtle forces in that pathetic humor that would have pierced the heart of a stone as his "wild cats "-pointing at his head. The first kindling of the fever, and when it came in its resistless force, the same pathetic, gentle humor kept him so often conscious of his condition, and ever willing to hearken and obey the advice of his friends. He told his friends that he was ready to go to the asylum, and was to his dying moment always talking of getting well in a few days, often, "I'll be well to-morrow." That " to-morrow " did come at last-the end of his sickness and of his pilgrimage on earth.

Patrick Henry Lee died a young man, and while serving a term in the State legislature of 1872. He was the fourth son of Dr. H.

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D. Lee, late of Riley township, born on the old homestead, April 17, 1875, and was but twenty-eight years old at the time of his death. He was educated at Asbury University, but his health failed him while there and compelled him to leave before completing his course.

Judge Randolph Wedding, died of pneumonia, December 10, 1866. He was born in St. Charles county, Md., April 15, 1798, a son of Thomas Wedding, who was one of the revolutionary fathers, who had a large family of children, of whom Randolph was the eighth and the last surving member of his father's immediate family. In 1817 he was married to Mary De Puy, August 28. Of this union there were seven children-four daughters and three sons -of whom three daughters and a son survived their father. Mrs. Harriet, wife of Judge James M. Allen, and Mrs. Roach, wife of Judge Roach of Indianapolis, Mrs. Cullin, and Oliver Wedding. Judge Wedding came to Indiana in 1817, immediately after his marriage. His first wife died in 1833, and in 1834 he married Jane Stringham, sister of Rear Admiral Stringham. Judge Wed- ding spent half a century of his life near Terre Haute, and was a prominent factor in advancing the material prosperity of the city and county.

Judge Ballard Smith died at the residence of his father-in-law, Curtis Gilbert, in the forty-second year of his age. He became a member of the Terre Haute bar in 1861. A meeting of the bar was convened on the occasion of his demise at the office of Judge Mack, Hon. Thomas H. Nelson, presiding, and W. K. Edwards, secretary ; Gen. Charles Cruft, Judge William Mack, Judge James M. Allen, J. T. Scott, and Gen. W. E. McLean were appointed a committee on resolutions. And Judge William Mack was appointed to pre- sent the resolutions to the circuit and the common pleas courts. The resolutions expressed the universal sorrow at the untimely death of Judge Smith.

Hon. James Farrington was born in Boston, Mass., December 6, 1798, and died at his family residence, Terre Haute, 1870, aged seventy-two. He completed his academical and professional educa- tion in his native State, and immediately came west, and located in Vincennes in 1819. In January, 1822, he made his permanent location in this place, and was by some years the senior member of the Terre Haute bar at the time of his death, being a resident of the place forty-eight years. During the first twelve years here he devoted himself closely to the practice. He soon gained an ex- tensive practice, being a careful lawyer and prompt and attentive to business, well versed in the principles of the common law, and always laborious in the preparation of his cases. He was elected to the legislature in 1825, and in the sessions of. 1831-32 and

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1833-34, he represented this district in the State senate. In these bodies he was conspicuous as a hard worker, and an able parlia- mentarian and valuable especially on all questions of finance. He had much to do in laying the foundation for Indiana's public school system, and was one of the originators of the charter of the old State bank. In 1834 he retired from the law firm of Farrington, Wright & Gookins, and wholly relinquished the practice of law. He became cashier of the branch bank of the State in Terre Haute, and then became president of that concern. During the entire existence of the bank he was one of the directors and the. financial adviser. For a number of years he was heavily engaged in pork packing as the senior member of the house of H. D. Will- iams & Co.

In September, 1862, on the establishment of the Seventh United States Internal Revenue district, he was appointed assessor thereof. He filled this position to within a few days of his death, when he resigned, being convinced that his sickness was fatal.

Horace B. Jones departed this life January 24, 1890, at noon. He was taken sick only on the Saturday previous at his room at Mrs. Lewis' on Ohio street, and from the hour of the attack seemed to sink to the last moment. The cause of his death was neuralgia of the stomach.

Mr. Jones was born at Harrisburg, Penn., December 14, 1841, and was but forty-one years of age at the time of death. He was the last of the family except a nephew, Horace B. Jones, Jr.

Mr. Jones was a clerk in the quartermaster's department during the war, and had lived in Cumberland previously. At the close of the war he was for some time a claim agent at Washington. In 1868, in company with his brother, he located in Terra Haute, and they formed a partnership in the agricultural implement trade on South Third street, in this they were very successful when Horace B. retired from the business and commenced the practice of law, for which he had fitted himself before coming west. After practicing several years alone he formed a partnership with Judge John T. Scott, which firm existed fifteen years. Mr. Jones was a carefully educated scholar as well as lawyer, and in his miscellaneous reading kept well with the latest and best literature of the day. As a law- yer he had the confidence of his brethren and the community. He was the sole legal adviser of some of the leading business firms of the city; was popular and a society favorite. He never married. He was a member of Terra Haute Chapter No. 11, R. A. M., and Terra Haute Lodge No. 19, F. & A. M., also of the I. O. O. F. and the G. A. R.

Lewis B. Lawrence was one of the first attorneys to locate in Terra Haute, and in the list of deaths of members of the profession.

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his is the first on the record. The particulars of his life and death are not now attainable. It is the few facts of incidental mention that are found on the old records that are all that remains. The county officers called him in for counsel on legal subjects. In the arranging of the machinery of the county he was the authority and the law-the county's adviser and attorney. The administrator of his estate was Lucius H. Scott, and it is recited on the court records that at a special session of the board, March 3, 1821, was allowed said administrator the sum of $150 for services of the said deceased (Lewis B. Lawrence) "rendered the county in col- lecting and for advice." There was no learned bar then here to hold a meeting of the brethren to pass resolutions in memory of the deceased. There was no newspaper to publish them, had there been a bar to pass them.

Welton M. Modesitt was a schoolmate of Cromwell W. Barbour. They attended the law school together, and were admitted to prac- tice about the same time. Mr. Modesitt was in the practice at Terra Haute for about the period of two years. When under the ministra- tion of the noted Henry Ward Beecher in Terra Haute, he joined the church, and at once began preparations to become a Congrega- tional minister. He attended the Beecher-Stowe Theological Semi- nary at Walnut Hills, Cincinnati, was duly ordained, and has been in the ministry since; is now making his home in Buffalo, N. Y.

Vigo Law Library Association was formed in February, 1890. Nearly all the practicing attorneys became members. An organi- zation was formed after one or two informal meetings, and articles of association adopted. William Eggleston, president; Joseph Davis, treasurer, and Addison Scott, secretary. A room was secured in the court-house building, and already about 1,000 volumes have been collected.

In view of the fact of the organization of a State bar associa- tion, steps were taken by the attorneys of Terre Haute to form a society and have proper representation in the State society meet- ings. A few attorneys met and talked the matter over, and in April a meeting was called. This adjourned, and a second meeting began to take action. A constitution and by-laws were adopted and the following officers elected: Judge Cyrus F. McNutt, presi- dent; S. C. Stimson and J. Jump, vice-presidents; I. H. C. Royse, treasurer, and S. M. Huston, secretary. The following are the mem- bers: C. F. McNutt, S. C. Stimson, J. Jump, S. M. Huston, I. H. C. Royse, George W. Faris, H. J. Baker, John O. Piety, P. M. Foley, Alvin M. Higgins, J. C. Foley, M. C. Hamill, L. D. Te- veque, J. H. Kleiser, William Eggleston, B. V. Marshall, James E. Piety, John C. Robinson, Robert B. Stimson, R. J. Smith, George E. Pugh, F. A. McNutt, B. E. Rhoads, J. P. Harrah, John T. Scott,

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David W. Henry, S. R. Hamill, David N. Taylor, Samuel Royse, A. H. Donham, F. C. Danaldson, John G. McNutt, J. L. Davis, Thomas W. Haymond, George M. Davis, T. H. Hite, E. H. Red- man, George A. Scott, S. B. Davis, T. W. Harper, John E. Lamb, George W. Kleiser, W. W. Rumsey.

CHAPTER XXI.

PROBATE COURT-COMMON PLEAS-ETC.

F FIRST meeting of Vigo Probate Court was at the house of Henry Redford, the third Monday of July, 1818. Associate judges present were Moses Hoggatt and James Barns. On the first day the clerk, Curtis Gilbert, laid before the court the follow- ing business:

Administration of the estate of Oliver Jones, the administra- tor was James Jones, with James Chesnut and James Wilson as sureties; éstate of John Lynch, letters to John T. Chunn, with Isaac Lambert, security; John M. Coleman moved to revoke let- ters to Chunn, and have letters himself, which was done. This was the first day's work of the court, and the end of the first term. A special meeting was held in October, following, by Hoggatt and Barns. James Scott was granted letters on the estate of Jonathan Murdock, with John M. Coleman and Truman Blackman, securities. This court adjourned to meet at the house of Charles B. Modesitt the next day, October 18. James B. Winter, a minor over fourteen years, on that day came into court and made choice of Elisha U. Brown for his guardian. Ariel Harmon was appointed guardian of Hannah Winter, who was under fourteen years of age.

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History of Vigo county, Indiana, with biographical selections, Part 35

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