USA > Indiana > Whitley County > History of Whitley County, Indiana > Part 31
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WHITLEY COUNTY, INDIANA.
The name Columbia was at first given to the county seat, but "Whitley Court House" was the name of the first postoffice, there be- ing another Columbia in the state. In 1854 there arose a desire to have the postoffice conform to the town and a heated discussion resulted, many names being presented and supported. The contest narrowed to "Beav- er" and "Columbia City," the former being in honor of the noted Indian whose reserva- tion occupied. much of Columbia township. The population of 740 people waged a wordy war, a final vote resulting in but three ma- jority for the present nanie.
In 1850 Whitley county had nine hun- dred and thirteen dwellings, nine hundred and forty-one families, five hundred and twenty-two farms and eight manufacturing establishments. The first of the latter was a corn cracker and saw mill, which was erected in the autumn of 1843 by Henry Swihart as agent of Henry Ellsworth. and stood near the present Tuttle & Com- pany mill. The limited water supply made its operation a matter of considerable uncer- tainty.
In after years the Tuttle & Company flouring mill and Liggett & Mills mill each contributed in no small way to the industrial life of the city and are to-day first-class prop- erties.
During the 'forties we had some small stores. Thomas Ellis, Thomas Washburn. George Arnold, Eli Meiser and Mrs. John Rhodes were among the owners as was James B. Edwards, whose geniality and readiness at argument and repartee soon made him popular. All the great questions agitating the country, slavery, temperance, the republic of Texas, the Mexican war. the
gold fever were ably argued pro and con around his fireside, his own part giving him a prominence that made him clerk of the courts and sheriff of the county.
The first bank in Columbia City was es- tablished by Franklin H. Foust, the present president of the Columbia City National Bank. In the early 'seventies, Elisha L. McLallen and Theodore Reed started the Farmers' Bank, now the First National, in the Central Building, which is now owned by the McLallen brothers and their father. Henry McLallen.
Probably the first permanent settler in what is now Columbia township was Asa Shoemaker, who, in 1837. settled on Big Spring creek, where his son, Samuel F. Shoemaker, was born October 18. 1838, without question the first white child born in the township.
Joseph M. Baker. who designed and built the first courthouse, settled just north of town and Raymond J. German became his immediate successor.
April 8, 1841. Henry Swihart, a justice of the peace. married Elijah Scott and La- vonia Witt, the first marriage in the county. "David E. Long, Entertainment for Man and Beast," was the sign that swung on its creaking hinges in front of the first tavern in the town, and in fact it was the first house erected in Columbia City. its site being more generally remembered now as the location of Brandt & Ireland's drug store.
In 1842, a second tavern was started with Jacob Thompson as boniface. Chris- tian Hoover was the first saloon keeper and was succeeded by William W. Kepner, though even then the law would not permit
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the sale of liquor to Indians. As in many other communities, the question of temper- ance demanded and received much attention by both men and women in Columbia City. December 31, 1855, a Ladies' Temperance League was organized and two days later, J. A. Berry, publisher of the Pioneer, made a terrible onslaught on liquor doggeries and groceries, though no names were mentioned. February 20, 1856, articles over the names of "Copenhagen," "Fanny" and "Quisical Quincoy" came out with criminations and recriminations, much rabid and meaningless things being uttered. This agreement was entered up, "We, the undersigned, retailers of spirituous liquors in Columbia City, agree to abandon the sale of intoxicating drinks from and after this date, December 31, 1855, 3 o'clock p. m. S. Cole; E. Strong ; Peter Snyder ; S. Trumbull; Simon Trumbull; Z. Henderson."
The physicians were drawn into line as witness: "This is to certify that we believe the sale of spirituous liquors is injurious and especially for the fair sex. H. F. Falken- stine: J. B. Firestone: C. Kinderman."
January 3, 1859, the Good Templars were organized, D. R. Hemmick presiding and becoming worthy master.
March, 1859, temperance resolutions were passed "that liquor traffic must be put down, peaceably if possible, forcibly if we must." The newspapers sustained it and one hundred and fifty names were secured to a petition.
January 23, 1856, J. C. Bodley, F. A. Crabb and J. R. Baker, justices of the peace, recite that their oath binds them to support the constitution and agree to fine any one
who will swear in their presence and ask others to file affidavits.
February 20, 1856, one hundred and sixteen advertised letters are in the post- office.
January 23, 1856, "Mad Anthony," the first locomotive arrived at Columbia City.
March 31. 1859, "The News" announced that the bottomis at Nolt's Mill was impassi- ble for some weeks, and calls on the county and township and citizens to raise one hun- dred and seventy-five dollars to fix road and make it passable.
In 1863, the county poor farm on north- east fractional quarter section 16, bought and poor house started.
In 1872 I. B. McDonald bought the Washburn lot north of the court house and gave bond for $1,000 to improve it in two years. The next year McDonald, Brown, Reed and C. B. Tulley joined to build Cen- tral Building. It was necessary to have drainage to the river to secure dry basement and this led to a merry war, the fight that followed resulting after a long and hotly contested battle in the complete overthrow of the opposition and the establishment of a system of sewerage that has made this city a desirable place of residence. This devel- oped a spirit of improvement which has not since faltered. Foust and Wolf soon after erected the bank building and the Foust block. James M. Harrison Mayor and mem- bers of the city council had the nerve to take hold of the matter and stood loyally for im- provement. Columbia City is now one of the best towns of Indiana, the sewerage is splendid, the paved streets are a credit to the city, the water-works and fire protection
17
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are first-class, the electric light and telephone systems are up-to-date, the public schools are excellent and in every respect we have a city of which every citizen may well be proud, and one whose future promises to cast added luster upon the untarnished name it bears.
Levi Myers made the first successful ef- forts to organize a Sunday-school, which was done sixty-one years ago, one year later being known as the American Sabbath School Union at Columbia City, and as such did noble work until various religious organ- izations each established its individual school. April 4, 1853, a Baptist society was perfect- ed and among those who have served it faithfully are Reverends Wilder, J. L. Mc- Leod, R. H. Cook, C. B. Kendall, Adam Snyder, John Reider, W. W. Robinson and V. O. Fritts.
Grace Lutheran organized April 19. 1847, by Rev. J. B. Oliver with six mem- bers. Rev. Franklin Templin served four and H. Wells sixteen years. Other ministers are L. Ritz, A. J. Douglas, A. H. Studeba- ker, J. B. Baltzley, J. N. Barnett, C. H. Rockey. J. Milton Francis, H. C. Haithcox and F. M. Porch. Present church erected in 1873, costing including additions and par- sonage, about $25,000.
The Presbyterian church has had a pre- carious existence, much of the time having no pastor and never making much progress or numerical strength.
The Free Methodists occupy what was the former Catholic church building, sold by them to the Free Will Baptists, who dedi- cated it December 8. 1867.
The United Brethren church was organ- ized in 1880 by Rev. Wood. assisted by William M. Bell, now a bishop, a native of
Whitley county, and who preached his first sermon in the church at Columbia City. The pastors have been Fletcher, Thomas, J. A. Cummins. A. H. Slusser, C. A. Brigham, W. F. Parker, C. W. Pattee, Henry Rup- ley, E. Seithman, L. W. Love, R. Z. Brown. J. E. Grimes, J. W. Borkert, H. C. Shaffer. and S. L. Shaffer, Mr. Love serving twice, two years from 1889. as also four years from 1899 The new church was dedicated May II, 1902, and including parsonage cost $8,000. November 21, 1904. a marble tab- let with inscription "Tulley-Crider Memo- rial" was installed over main entrance in honor of Mrs. Rosanna Crider and her fa- ther. Francis Tulley.
The German Lutheran, Rev. Hess.
The German Presbyterian. Rev. Zim- merman.
The Universalist own old Methodist building.
The German Baptists, River Brethren, or Dunkards.
September 15, 1878, at a meeting at court house to consider the graveling of the road south to the Huntington county line. Eli W. Brown and James S. Collins declared there was no gravel in the county to be had.
The oldest person living in Columbia township is John Haas, who was born in Switzerland December 25, 1816. Mrs. A. F. Martin, the longest resident, came Octo- ber 27, 1836.
When Rachel Wagner was fifteen, she rode with her brother Harmon Beeson to Warsaw to attend the wedding of another brother. Benjamin. Starting to return. Ben- jamin's wife's father, Mr. Sapp, handed her a willow switch. saying "Stick that in the
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ground, it will make a nice tree." She did so and today it is a landmark at least four feet in diameter, standing close to the walk on the main street as you go to the Penn- sylvania depot. marking the site of Lee
Bros'. blacksmith shop, which is just being demolished as these lines are written, Janu- ary, 1907. This landmark has also fallen beneath the hand of the demolisher since the above was written.
THE BENCH AND THE BAR.
/
BY P. H. CLUGSTON.
There are many well meaning people who profess a contempt for the law, and if there occasionally occurs a miscarriage of justice in its administration are quick to denounce it as utterly inadequate to do jus- tice. The fact is that whatever rights of person or security of property we enjoy is because of the law. It is because certain prescribed rules of conduct are recognized by the vast majority of people and because we believe that a violation of those rules will result in a vindication of the law that our rights are not more frequently invaded in our relations with our fellowmen.
As much of crime and wrong and dis- honesty as there is in the world, a careful study will reveal that the cases where rights are invaded are few when compared with the rules that are recognized and observed every day.
There has been no more potent factor in promoting human welfare than the law. All advancement in civilization must neces- sarily be through the social relations, and only wise and beneficent laws insure perma- nency and make possible such relations. The best thought and the best effort of our time have been devoted to the development of the
law. The wisest and best of men have given the best of their lives to its construction.
It therefore follows that in studying the history of any county or of any state or municipality it is important to consider the origin and development of our system of jurisprudence, and in this connection to con- sider the lives, character and work of that body of men who stand as the distinct expo- nents of the law-the bench and the bar.
EARLY COURTS.
The earliest courts in the Northwest Ter- ritory, out of which our state was carved. were held under the French rule. By a treaty made in 1763 France relinquished her claims and Great Britain assumed control. Under her rule a court was organized to "settle all disputes and controversies and all claims to property, real and personal." This control continued until Virginia assumed sovereignty and organized all of the North- west Territory. under the name of the county of Illinois.
In 1784 Virginia ceded her claims to the United States and by the ordinance of 1787 a governor and three judges were ap-
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pointed who not only sat as a general court but enacted the laws. The chances are that there were not many constitutional ques- tions raised in those days, for the "general court" which enacted the law would prob- ably hold it to be good law.
After organizing the judiciary system at Cincinnati the council crossed over into what is now Indiana, and at Vincennes or- ganized the county of Knox, with Vincennes as the county seat, some time in February, 1790.
Indiana Territory was organized as a territory of the first grade on July 4, 1800. at Vincennes, which was the seat of govern- ment of the territory.
It is instructive to note that in the or- ganization of each new territory the gen- eral government recognized the threefold function of government, the executive, leg- islative and judicial, and that these depart- ments always went hand in hand. When- ever there were enough settlers to require the appointment of an executive officer, there were enough to demand the organization of courts for the administration of justice. And wherever courts were organized. there must come the lawyer. So it is also instruct- ive to note that the law-makers of 1799 had an exalted idea of the character and qualifi- cations of the members of the bar; but, as we are inclined to feel, a much mistaken judgment as to the value of his services. For we find them enacting that he must be licensed by the governor as attorney or coun- sellor, and could practice during good be- havior, and could demand only such fees as might be established by law. Before he could be licensed to practice he must show that he was of good moral character, that he
had regularly and attentively studied law for four years and must have the certificate of some practicing attorney in the territory that he believed him to be of sufficient ability and legal knowledge to discharge the duties of an attorney at law.
When he had complied with these re- quirements he obtained a rule of the general court for an examination. He was then ex- amined by two or more judges, or such per- sons as they might appoint, who must state truly whether or not they believed him qual- ified. Even after this the court held him under a tight rein. The judges could pun- ish him for contempt, strike his name from the roll, or order him arrested if he collected money for a client and failed to turn it over upon demand.
The lawyer of that day "simply had to be good." But the worst indignity put upon him was to fix the limit of his fees. For a civil case he was to receive two and one-half dollars, unless the title of land was involved. and in such case five dollars. For advice when no suit was pending one dollar and twenty-seven cents.
When the state was organized in 1816. the constitution then adopted provided that "the judiciary power of the state shall be vested in one supreme court, in circuit courts and in such other courts as the general as- sembly may establish." The supreme court was to consist of three judges and was to have appellate jurisdiction only, except that the right was reserved to confer upon the supreme court original jurisdiction in cap- ital cases and cases in chancery where the president of the circuit court might be in- terested or prejudiced. It further provided that "the circuit courts shall each consist of
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a president and two associate judges. The Dearborn, Switzerland and Jefferson formed state shall be divided by law into three cir- the third circuit, and court was provided for once in each county during each year. At this time Whitley county was embraced within the limits of Wayne. At this session of the general assembly provision was made for justices of the peace in each county, with jurisdiction over misdemeanors, and in civil matters to the amount of fifty dollars. At the same session a board of commissioners for each county was provided for. cuits, for each of which a president shall be appointed, who during his continuance in . office shall reside therein." The president and associate judges were given in their re- spective counties both common law and chancery jurisdiction, as well as complete criminal jurisdiction. The president alone, or the president and one associate were given authority to hold court, or the two associate judges were authorized to hold court except in capital cases and cases in chancery.
The presidents of the circuit courts were to be chosen by the general assembly and the associates were to be elected in each of the respective counties.
Under this organization the president judge was usually a lawyer of recognized learning and ability, but the associate judges were ordinarily elected from the body of the people, much as justices of the peace now are. It resulted therefore in many cases that in trials of importance the burden fell upon the president judge, and the associates were judges only in name. This gave rise to the remark by Jim Campbell that they practiced before one hundred judges sitting in bank. one judge and two ciphers.
Under this law the clerk was to be elect- ed by the voters for a term of seven years and was not eligible until he had obtained from one of the judges of the supreme court or from one of the presidents of the circuit court a certificate that he was qualified to ex- ecute the duties of the office.
The first general assembly elected under the constitution convened at Corydon. No- vember 4, 1816.
The state was divided into three judicial circuits. The counties of Wayne. Franklin.
At the second session of the first general assembly of the state it was enacted "that the common law of England and all statutes or acts of the British parliament made in aid of the common law prior to the fourth year of the reign of King James the First, ex- cepting certain sections, should be consid- ered in full force in this state"; and this pro- vision was carried into each revision of the laws until 1852.
The effect of the adoption of the code was to abolish the distinction between ac- tions at law and suits in equity and the forms of all actions theretofore existing and to pro- vide but one form of action. While the adoption of the code was a matter of vital importance to the bench and the bar as it was an absolute reversal of all forms of pro- cedure and practice, yet as it did not serious- ly affect the people it need not here be en- tered into.
The whole body of the law, whether ad- ministered in a court of law or in a court of chancery, was left in full vigor. The remedy, not the rights, was changed, and the burden fell upon the lawyers and judges. who were compelled to adapt themselves to new methods of preserving the rights and redressing the wrongs of their clients.
In 1818 the county of Randolph was
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formed from the north end of Wayne. In 1823 Allen county was organized with its present boundaries, out of Randolph, with attached to it for jurisdictional purposes.
all the territory north to the Michigan line ' cuit court, began and held at the house of
Following this date the counties in northeastern Indiana organized rapidly, so that by 1839, when Whitley county had ar- rived at the dignity of holding court within her own borders, it was part of the eighth circuit, consisting of Allen, Cass, Miami, Wabash, Whitley, Huntington, Noble, La- grange, Steuben and DeKalb counties. Prior to this time the time and place for holding the first session of the circuit court in Whitley county had been fixed on the fourth Thursday of September, 1838, at the house of James Parrett, Jr., in what is now Cleveland township. At this time Charles W. Ewing was president judge, and Thomas R. Johnson prosecuting attorney for the eighth circuit. An error had been made in naming the place of holding the court, there being no James Parrett. Jr., in the county. The judges, clerk, sheriff and attorneys met at the house of Joseph Parrett, Jr., which was evidently the place intended, but after consultation the judges concluded that a term of court held under such circumstances might not be legal, and no business was transacted.
The first term of the circuit court was then ordered to be held at the house of Rich- ard Baughan in April. 1839. Richard Baughan lived in Thorncreek township about two and a half miles northeast of Co- lumbia City, and had a sawmill, and the tra- dition is that for the better accommodation of the crowd the court was held in the mill. The president judge and associates were all
present, as shown by the following extract from the record :
"At a regular term of the Whitley cir-
Richard Baughan in the county of Whitley and state of Indiana, on Tuesday, the 9th day of April, 1839. Present, the Honorable Charles W. Ewing, president judge of the eighth judicial circuit of said state, and the Honorable Benjamin Martin and Jacob A. Van Houten, associate judges of said court. as also Abraham Cuppy, clerk, and Richard Collins, sheriff, of said county of Whitley."
Judge Ewing lived in Fort Wayne. He is said to have been a good lawyer but some- what eccentric. He appeared in court here after his retirement from the bench a few times, but at a time when he should have been in the prime and vigor of manhood came to an unfortunate death. It seems that the prosecuting attorney, John A. Wright, was not present and the court ap- pointed Reuben J. Dawson prosecutor for the term. Reuben Jackson Dawson was a Hoosier by birth, having been born in Dear- born county. He studied surveying and law. He came to Fort Wayne with his brother-in-law. Colonel John C. Spencer, in 1832, and was employed in the office of the receiver of public moneys. He was appoint- ed surveyor of Allen county, and had a con- tract for surveying a large tract of land. now part of Noble, Elkhart and Kosciusko counties. He read law with Thomas John- son, and subsequently entered into partner- ship with him. The firm of Johnson & Daw- son are the first attorneys noted as appearing in any case in Whitley county. He platted the town of Spencerville in DeKalb county, conducted a store and mills, there. He
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moved there in 1841, but contintied to prac- tice all over the circuit. He was a great big, genial fellow. His business was flourishing and he was well fixed for those days, and enjoyed mounting his horse and riding twenty or thirty miles along the Indian trails to Albion, Fort Wayne or Columbia to at- tend court. He served as representative of DeKalb and Steuben counties, and also as state senator of his district. Upon the res- ignation of Judge Worden in 1858 he was appointed to fill out the unexpired term. He was compelled to resign in November, 1858, on account of sickness, having served less than one year. In that time, however, he had proven his mettle. In both Noble and LaGrange counties he found awaiting trial a number of prisoners who were charged with horse stealing, counterfeiting, etc., and who were accused of belonging to a regular- ly organized gang of "blacklegs" which in- fested northern Indiana. Only a short time before the Regulators in Noble county had taken the law into their own hands and hanged one of the ringleaders. The public mind was so inflamed that many citizens were present ostensibly to see the law en- forced but with the purpose of overawing and intimidating the court. Judge Daw- son acted and ruled promptly, firmly and fearlessly, and law and order prevailed.
Judge Dawson entered part of the land on which Columbia City is located, after- wards selling it to the Shinnemans.
The grand jurors summoned by the sheriff were: David Wolfe, Seth A. Lucas, James Jones, William Van Meter, Jesse Spear, Samuel Creger, Peter Circle, Chris- topher W. Long, Horace Cleveland, John S. Braddock, Adam Egolf, Levi Curtis, Wil-
liam Cordill and Joseph Tinkham. They were brought into court, Christopher W. Long was appointed foreman, they were sworn and sent out. They soon reported to the court that no business had been brought before them, and they were accordingly dis- charged.
There were but three civil cases on the docket at that term, and none of them of any importance. The petit jury was also sum- moned, but no cases came before them for trial. The petit jury consisted of B. H. Cleveland, John W. More, Jesse Briggs, Zebulon Burch, Jacob Brumbaugh, Lewis Kinsey, J. H. Alexander, David Hayden, George C. Pence, Thomas Estlick, Jesse W. Long, James H. Russau, Daniel Hively. Benjamin Gardner, Benjamin Grable, Ben- jamin Krusan, James Zohlman, John Col- lins, Philetus Wood, Francis Tulley and William Blain.
In the case of Webster et al vs. Webster et al for partition, notice was ordered given in the Fort Wayne Sentinel and in the Jef- fersonian published at Richmond. John H. Alexander was appointed county surveyor. He seemed to be "Johnny on the spot." for he at once accepted and gave his bond.
The court allowed Richard Baughan three dollars for the use of rooms for court and grand jury, and adjourned until court in course to meet at the same place.
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