USA > Indiana > Whitley County > History of Whitley County, Indiana > Part 32
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When the time came for the October term of court, Judge Chase and Prosecuting Attorney Wright were both absent. The associate judges again appointed Dawson as prosecuting attorney during the term, the grand jury was charged and with John Sick- afoose as foreman went to work. They lost no time, for on the next day they "return
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into court and report sundry bills of indict- ment."
The first one was against Nathan Chap- man for vending foreign merchandise with- out a license, and charged that on May I, 1839, he "sold to one James Lyttle four pounds of tea not then and there being the product of the United States without having a license or permit as required by law." He entered a plea of guilty and was fined six and one-fourth cents."
Joseph Pierce was also called upon to answer similar charges, and charges of sell- ing spirits to the Indians, and, in the lan- guage of the records, "it being demanded of him how he will acquit himself of the said charge, for plea thereto he says he is guilty in manner and form as he stands charged in said indictment."
At this term of court the record shows that John B. Chapman was admitted as an attorney at the bar of this court. The only attorneys who had so far appeared in any of the court proceedings were Johnson and Dawson. Before Chapman left he filed complaints in three new cases, and before the next term of court, actions were also brought by Coombs and Colerick. Chap- man had formerly been prosecuting attor- ney of the circuit, and resided at Fort Wayne. After the first year or two his name does not appear on the records here.
William. H. Coombs was another Fort Wayne lawyer. He came to Indiana from Ohio and was engaged in the practice both at Connersville and Wabash before coming to Fort Wayne in 1837. He was prosecut- ing attorney at an early day and the ac- quaintance thus formed brought him some business in this county. In 1849 he went
to California, remaining there about six years, and upon his return resumed the ac- tive practice in which he continued until his death. He had the reputation under the old common law practice of being one of the best special pleaders in northern Indiana.
When court convened in April, 1840, John W. Wright filed his commission as president judge and Lucien P. Ferry as prosecuting attorney. Judge Wright had formerly been prosecutor of the circuit, and was elevated to the bench in 1840. While at the bench he maintained the dignity of his office, but in his intercourse with the bar was genial and affable and was familiarly known as "Jack." It is related of him on one occasion in Noble county that a "black- leg" having passed some counterfeit coin in payment for a horse, a posse was formed for pursuit. The judge adjourned court, mounted his pony and stayed in the front van until the counterfeiter was captured. The matter was taken up by the grand jury, court was reopened and the judge was ready to try the case. On another occasion it is told that one citizen had partaken too freely of the cup that cheers and insisted upon doing a little cheering himself. The judge ordered the sheriff to quiet him, but the sher- iff's order was of no avail. "Take that man to jail," ordered the judge. "There is no jail," responded the sheriff. "Then take him out in the woods and tie him to a tree so that he can't disturb the court." It was done and order prevailed. He served until 1842 and was subsequently elected mayor of Logansport. He spent some years in Kansas before the war and afterward removed to Washington, D. C.
.At this term of court no important
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cases were tried, but it is interesting to note that the grand jury were diligent in their business, returning eight indictments for betting. James Crowe was indicted for winning at cards, entered a plea of guilty and was fined; but when they followed this with another charging him with losing a game of cards, he "wouldn't stand for it." It was submitted to the summary de- cision of the court, and he "went hence acquit."
On motion of the prosecuting attorney, it was suggested that the office of school examiner was vacant, and the court ap- pointed Otho W. Gandy, Abraham Cuppy and Edwin Cone.
The associate judges allowed themselves six dollars each for the term of court and adjourned to meet at the house of David E. Long in the town of Coumbia. By this time the site of the county seat had been selected and Long had erected a one-story frame house at the northwest corner of Main and Van Buren streets and had put up a creaking, wooden sign, announcing "Entertainment for Man and Beast."
When court met in October, 1840, it was evident that Long's hotel would not accommodate the court and the crowd, and court was forthwith adjourned to and held at the house of Abraham Cuppy, the county clerk.
Henry Cooper is the next attorney who appeared in the courts. It is said that Coop- er was one of the best lawyers who rode the circuit in those early days. He is said to have been master of all the books contained, but perhaps did not appear to full advantage, as he was not an eloquent or fluent talker. We are again indebted to Nelson Prentiss
for this story concerning Cooper. There was also in the circuit a pettifogger by the name of Powers, whose only qualification was his ability to talk. Like necessity, he knew no law, and his abusive tongue made him especially obnoxious to a man of Coop- er's temperament. Meeting him one day Powers said, "Cooper, if I had your head or you had my tongue, what a man would be the result." Quick as a flash Cooper re- sponded, "Powers, if you had my head, you'd know enough to keep your mouth shut." Like many another, he was his own worst enemy, and in his latter days was only a wreck of his former self.
Richard Collins, sheriff, now produces a metallic seal procured for this court by the commissioners of Whitley county of the following description and design, to-wit: "A circular metallic seal with a figure of a plough and a sheaf of wheat in the center and the words 'Whitley Circuit Court, Ia.' in a circular form around the center, which seal is now adopted by the court as the seal of this court."
Charles Ditton made application to be- come a citizen, renouncing all allegiance to Queen Victoria, and was admitted and be- came the first naturalized citizen of the county.
One of the sad features of this term of court was that the bailiff was able to draw pay for only one day's services.
At the March, 1841, term, a boy was brought before the court on the charge of vagrancy, and the court finding that he came within the description of a vagrant and that he was under the age of twenty-one years, ordered that the sheriff should bind him to some person of useful trade or occupation
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until he arrived at the age of twenty-one years.
At this term was tried the first criminal case of importance, the case of The State vs. Alexander Smith for forgery. The charge was that he had uttered and tendered in payment of a bill for lodging to one John B. Godfroy, who lived on the Goshen road near Churubusco, a counterfeit bill of the denomination of five dollars. Charles W. Ewing, of Fort Wayne, was appointed by the court to defend him, and the cause was tried before Judge Wright and a jury. The jury found him guilty and fixed his punish- ment at imprisonment in the state's prison for two years. The house where the court was held was on the northwest corner of Jackson and Main streets, where Henry McLallen's residence now stands, and Rich- ard Collins tells that the jury, when they were sent out to deliberate on their verdict, gathered around a large black walnut stump near where the Lutheran church now stands. Smith's companion at the time the offense was committed was one John Adams, and it is told that Adams came into court as a witness in Smith's behalf and was or- dered by the judge into custody until the grand jury, then in session, could investi- gate his case. Within an hour the grand jury returned an indictment against him for perjury. He was immediately arraigned, and Judge Ewing appeared for him and asked for a change of venue. The change was granted and the case sent to Allen coun- ty, and the following week was tried and Adams was convicted and sentenced to the state's prison for two years. The record shows that Ewing was allowed the munifi- cent sum of ten dollars for defending Smith.
In the fall of 1841 the new courthouse, a two-story frame structure on the west side of the public square near where the city hall is now located, was so nearly completed that when court met at the house of David E. Long it forthwith adjourned to the court- house. I am not aware that there were any dedication services or any speeches made, but it must have been a proud day in Columbia.
One of the first cases at this term was notable for being perhaps the only case ever tried in the county; at least I have never heard of a prosecution for the same offense. Claybourne Pompey was indicted for usury. He "acknowledged the corn," and was fined six dollars and costs. It appears from the record that he loaned Richard Baughn forty dollars, and took ten dollars for one year's interest. It is evident that the jury figured that after paying six dollars fine, it would still leave him four dollars interest, making ten per cent, which was then the legal rate.
In the proceedings of the September term, 1841, appears the case of The State of Indiana vs. Peter Heller-indictment for usurpation. This is a rather unusual charge, and an investigation of the indictment dis- closes that it charges that on the Ist day of January, 1840, the said Peter Heller "did unlawfully solemnize a marriage between Henry Hull and Jane Gardner-he, the said Heller not then and there being a justice of the peace in said county, a judge of either of the courts in said county, a president judge of the eighth judicial circuit in said state, nor of the Society of Friends, com- monly called Quakers, nor a minister of the gospel regularly licensed to preach." The indictment was quashed.
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In March, 1842, James W. Borden be- came judge, and William H. Coombs prose- cuting attorney, and John Wright succeeded Benjamin F. Martin as associate judge. Judge Borden was admitted to the bar in New York in 1834, and in 1835 went to Richmond, Indiana. He went to Fort Wayne in 1839, and in 1841 was elected president judge of the circuit. He was elected a delegate to the constitutional convention in 1850, and resigned his office as judge. He took prominent and active part in the deliberations and debates of that convention. He was elected common pleas judge in 1852, and served until 1857, when he was appointed minister to the Hawaiian Islands, On his return he was again put on the com- mon pleas bench and later of the Allen crim- inal court. Judge Borden is represented by those who remember him as a tall man of commanding presence, rather positive in his manner, and perhaps too much of a politi- cian to please everybody as a judge.
The jail was the first public building built in the county, and was a hewed log structure, located on the southeast corner of the public square. It was built in 1840, and at the March term, 1843. the grand jury reported that they had examined the jail "and find the same in good condition with the exception of the doors thereof, which are, from the settling of the building, not in a situation to be closed." We presume if the sheriff happened to have a prisoner, he put him "on honor" and left the doors open.
At this time there were still many In- dians in the county, and occasionally one of them got not only a taste of the white man's
whiskey, but a taste of the white man's law. Alexander Bulkley brought action in as- sumpsit against Pe-kash-ka, Ke-Keo-qua and Shap-en-dino before Horace Tuttle, jus- tice of the peace, and recovered judgment in each case.
At the March term, 1843, these causes were appealed to the circuit court and there was judgment for the red men.
The first case of any note in which an Indian was involved was also the first mur- der case in the county. The records, of course, only give the barest recitals of the charge and the proceedings, and we are indebted to the older inhabitants for the details. It has been more than sixty years, and naturally the old settlers do not agree in all the details, but we have relied largely upon the recollection of Curtis W. Jones, who possesses a wonderful memory, and an inexhaustible fund of information concern- ing the early days. Peen-am-wah ( the name is spelled in his affidavit for change of venue Peen-am-wah was a Pottawattamie Indian and was a bad Indian. One day in the fall of 1843 he was going along the trail south of Columbia when he met a Miami squaw-the mother of Turkey, riding on a pony. Her name is given in the indict- mient as O-way-so-pe-ah. He talked with hier, and after she turned and rode on, shot her in the back of the head and threw her body in the river. The place was known for many years as "Squaw Point." Be- fore any action was taken Peen-am-wah de- parted. Allen Hamilton, at Fort Wayne, was Indian Agent, and offered a reward of two hundred dollars for his arrest. Wil- liam Thorn, of North Manchester, followed
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him into Michigan and brought him back and he was committel to jail to await the action of the grand jury.
On January 1, 1844, John Turkey, a Miami Indian, killed a squaw of the Potta- wattamie tribe. The murder took place southwest of Columbia on what was known for many years as the Martin farm. He was arrested upon affidavit of Asa Shoe- maker, coroner, filed with Henry Swihart. justice of the peace, charging him with the murder of Saw-ga. a Pottawattamie In- dian. He was tried before a jury and found guilty and committed to jail by the justice, as he says in his transcript "there to remain until further dealt with according to law."
At the March term, 1844, indictments were returned by the grand jury against both of these prisoners.
Peen-am-wah filed an affidavit for a change of venne and the case was transferred to Allen county. The next day John Tur- key's case was called. He entered a plea of not guilty and put himself upon the country. The prosecuting attorney was not present and Lysander Jacoby was acting in that capacity under appointment of the court. He asked for a continuance of the cause and it was granted. Before the close of the term, one evening at dusk the sheriff. John B. Simcoke and John C. Washburn went to the jail to feed the prisoners and at- tend to their wants. Peen-am-wah for safety had been put into an inner room of the jail which was called the dungeon, and chained. .As the story goes the other Indians had been loafing around the old jail and it was supposed that an Indian called Davis had passed in a file with which Peen-am-wall severed one link of the chain. The sheriff
went into the dungeon and Washburn stood in the outside door. At a signal Turkey made a rush and knocked Washburn out of the door and both Indians were out and gone. The woods came up within a few rods of the jail and they were soon lost to sight. They crossed Blue river just above where the brewery now stands, and being expert woodsmen and knowing every foot of the country, they were soon beyond reach and were never seen nor heard of in this neigh- borhood afterward. The indictments were carried on the docket for several years and alias writs issued, but the cases were finally dropped. After all it was probably the best solution of the trouble. The trial of these Indians would have stirred up bitter feelings among the Indians still remaining.
This March term, 1844, was marked by the presence of three distinguished visitors. ex-Governors David Wallace and Samuel Bigger, and General James R. Slack, all of whom were admitted to the bar.
David Wallace was Governor of Indiana from 1837 to 1841. Upon the expiration of his term of office he entered the practice of the law at Indianapolis. At one time he lo- cated in Fort Wayne, and was in the prac- tice there for a few years, but later returned to Indianapolis. At that day he was well known over the state, but to the younger generation will perhaps be more generally remembered as the father of General Lew Wallace. I find from an inspection of the old bench docket that he is noted as appear- ing with Ferry in the prosecution of Peen-am-wah.
Samuel Bigger, who was admitted to the Whitley county bar on the same day, had also been governor of the state, and his term
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had probably only recently expired, as he was elected in 1840. It is probable that he was on his way to Fort Wayne, for he is said to have located there after his teri expired and remained there until his death in 1847.
Lysander C. Jacoby, who is mentioned as serving in the capacity of prosecuting attorney, lived at Fort Wayne, and was a lawyer of fair ability. He was quite active in the practice here for a few years, being associated with J. H. Pratt in a number of cases and with Worden in the defense of Samuel Pegg. It is said that he had some disagreeable peculiarities that perhaps re- sulted in his leaving Fort Wayne. He fol- lowed the course of empire on its westward way.
For the first five years after courts were organized in Whitley county the little busi- ness that there was was cared for by at- torneys from other places, principally by the members of the Fort Wayne bar. But now there seemed to be enough to justify some local attorney. The first three men- bers of the local bar must have appeared in a short space of time, probably within a year. They were Joseph H. Pratt, James [ .. Worden and James S. Collins, and as nearly as can be ascertained were admitted in the order named. The records do not show the date of Pratt's admission, but show his appearance in a case at the Sep- tember term, 1844. At this term James L. Worden was admitted to the bar and ap- pointed master in chancery.
Joseph H. Pratt is remembered as a man of education, a fluent talker and what would probably be called a good "mixer." He served as deputy treasurer and upon the
town board, and had his full share of the local practice. He left here about 1851 or 1852, locating in Wisconsin.
James Worden was born May 10, 1819, in Berkeshire county, Massachusetts. He had a common school education, and devoted some time to study during his youth, which was spent upon a farm in Ohio. He entered the office of Thomas T. Straight, of Cin- cinnati, in 1839, and after his admission spent some time at Tiffin, Ohio, coming to Columbia City early in 1844. In 1845 he married the daughter of Benjamin Grable, then county treasurer of Whitley county. In the fall of that year, becoming convinced that there were too many lawyers in Colum- bia and .seeing an opportunity in the ad- joining county of Noble, he removed to Port Mitchell, where the county seat of that county in its wanderings had temporarily located. He soon took front rank as a lawyer, followed the county seat to Albion, and acquired a good practice for those days. He acquired some reputation and made many friends by the masterly manner in which he conducted a prosecution for mur- der which had been sent to Allen county on a change of venue. Worden was only a backwoods county prosecutor, and the de- fense was represented by Coombs, who was the best technical lawyer in northern Indi- ana, and David H. Colerick, whose sway over juries was such that he was credited with having cleared men charged with steal- ing hogs, a most heinous crime in those days. Seeing an opportunity for extending his practice, and under the influence of 'his friends he removed to Fort Wayne. In 1855 he was appointed by Governor Wright as circuit judge, and in 1858 resigned to
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accept an appointment from Governor Wil- lard on the supreme bench. In 1859 he was elected to the same position and served for the full term of six years. In 1864 he was again a candidate for the same position, but went down to defeat with his party. His term closed in January, 1865, and he re- turned to Fort Wayne and engaged in the practice. In 1876 he was again elected to the same position, entering upon his third term in January, 1877. He refused to again become a candidate in 1882, and was elected as judge of the superior court of Allen county, and died in 1884, while occupying that position.
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Judge Worden has an enduring place in the history of the state. He had not the gift of eloquence, the power to sway juries and wrest verdicts from them, but was clear, forcible and full of resources. And even in those days when fluent speech counted much, he was regarded as one of the ablest lawyers at the bar. . But it was when he was ap- pointed to the bench that his friends recog- nized that he had come into his proper sphere. He was pre-eminently fitted for the discharge of judicial functions. Clear, con- cise, analytical, with a deep sense of right and justice and a discernment that refused to be confused or befogged by unimportant matters, or led away by side issues, he went at once to the heart of the question.
He not only saw things clearly, but he expressed his convictions clearly. There is no sophistry in his opinions. No lawyer can read them and then be in doubt as to what the court decides. They constitute a monument to his memory that shall endure.
family came to this county when he was about seventeen years of age. At that day educational facilities were meager, but he devoted his spare moments to the few books that were accessible. It is told that in 1843 he studied Blackstone with a dictionary be- side him to help him with the big words. Afterward he read law for a while with L. P. Ferry, of Fort Wayne, and was admitted to the bar in this county in 1845. The lot of the young lawyer in those days was not one that yielded great financial returns. Worden soon left the county, and Pratt a few years later. but Judge Collins continued in his profession and by his ability and perse- verance acquired an important clientage, and a host of personal friends. He con- tinued in the active practice until a very short time prior to his death, which occurred on August 22. 1898, and is entitled to rank as the pioneer lawyer of the county. He was associated in practice with Joseph W. Adair for several years; after that for a number of years with Michael Sickafoose, then with A. A. Adams, and up until the time of his retirement with B. E. Gates.
At the time of the building of the Eel River road he was prominently connected with the enterprise, and served for several years as president of the company. He also served as a member of the state legislature one term.
An inspection of the records discloses that during the decade from 1840 to 1850 there were several well known citizens who appeared promptly at each session of court and entered a plea of guilty to indictments for retailing without license or selling liquor to the Indians, submitted to a small fine
James S. Collins came from one of the pioneer families of Whitley county. The and apparently returned to their homes to
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repeat the offense. The profit in the busi- ness was evidently greater than the fine imposed.
On the 14th of November, 1844, Samuel Pegg filed his application for naturalization. He evidently did not become a good Amer- ican citizen, for in January, 1845, he was in- dicted for murder. The charge was that he had killed his son, who is described in the indictment as Samuel Pegg, the younger. The family lived in Union township.
Worden and Jacoby defended him and William H. Coombs prosecuted the case. He was found guilty of manslaughter, and was sentenced to imprisonment in the state's prison for eight years at hard labor.
His trouble did not end here. At the next term his wife brought suit for divorce. There seemed some difficulty in getting ser- vice, as he was clear at the other end of the state at the Jeffersonville prison, but finally in March, 1848, the bonds of matrimony were severed.
At the March term, 1845, another la'w- yer, who afterward became well known over the state appeared in the person of John L'. Petit.
At the September term, 1845, Richard Knisley and Henry Swihart qualified as as- sociate judges. Lydia Tuttle was granted a divorce from Ransom Tuttle and this was the first divorce granted in the county.
Judge Petit is said to have been as ardent a disciple of Isaac Walton as ever graced the woolsack, and lost no opportu- nity of indulging in his favorite sport. There is an old story afloat in northern In- diana concerning one of his fishing expedi- tions. The writer does not pretend to give the authority for the story nor fix the loca-
tion. But the story is that on one occasion he gathered together a jolly crowd and started for the fishing grounds. They had proceeded only a short distance when it was discovered that two necessaries had been omitted from the commissary supplies -bread and whiskey. The company halted under a tree by the roadside and dispatched Sam, the colored cook and factotum, to pro- cure these essentials. Sam returned in about an hour, and in answer to the judge's inquiries reported that he had procured a three gallon jug of whiskey and a quarter's worth of bread. "Boys," said the judge, turning to the crowd with a look of conster- nation on his face, "what in ----- are we going to do with all that bread!"
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