History of Whitley County, Indiana, Part 33

Author: Kaler, Samuel P. 1n; Maring, R. H. (Richard H.), 1859-, jt. auth
Publication date: 1907
Publisher: [Indianapolis, Ind.] : B. F. Bowen & Co.
Number of Pages: 940

USA > Indiana > Whitley County > History of Whitley County, Indiana > Part 33

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The record for October, 1845. shows the admission of Moses Jenkinson. He is an- other Fort Wayne lawyer who attained con- siderable practice at the Whitley county bar. He entered the practice at Fort Wayne in 1840, and was a man of considerable force of character, and not only met with succes; in his profession, but is said to have had considerable business capacity and was en- gaged in several enterprises.

On the 29th of December, 1845, the chairman and clerk of the election filed their certificate showing the election of the follow- ing named trustees of the town of Colum- bia. "said town being districted as an in -. corporated town for the better regulation of the internal police of said town."

District No. 1. Joseph H. Pratt. District No. 2, John Rhodes.

District No. 3. John Gillespie.

District No. 4. Alfred K. Goodrich.

District No. 5. Abram S. Monger.

Along about this period the records dis-

272

WHITLEY COUNTY, INDIANA.

close indictments also against prominent citizens for malicious trespass. These un- doubtedly arose over disputes as to property lines, and perhaps ordinarily arose over charges of cutting timber on another man's land. There were, however, very few convictions.

At the March term, 1846, there appeared in court two gentlemen whose names are familiar to the younger members of the bar only in connection with the criminal prac- tice, John Doe and Richard Roe. This, however, was a civil action, and was en- titled, John Doe, on the demise of Milo Gradeless vs. Richard Roe, and was an action for trespass in ejectment. Alas! poor John and Dick! Once the plaintiff and de- fendant in much important real estate liti- gation, now only known as defendants in prosecution for public intoxication-(How have the mighty fallen ?)

On the other hand we note the rapid progress made by one young man in pro- fessional life. At the September term, 1847. on motion of Joseph Pratt, "It is ordered by the court to be certified of record that Zenas Brown is a man of good moral char- acter." This was the first step required for admission to the bar. How quickly he sprang full armed into the arena may be judged when we read just a year later that he was indicted for an affray.

Lorin Loomis succeeded Henry Swihart in September. 1847. The grand jury as usual inspected the jail and as usual re- ported that it was in good condition except that the outside door couldn't be locked. There being no prisoner on hand, that didn't make much difference. The first case I can discover which went to the supreme court

from Whitley county was the case of Rea- son Huston vs. Joab McPherson. This was an action of trespass on the case in slander brought by McPherson against Huston and tried at the March term, 1843, and resulted in a verdict for the plaintiff for thirty dol- lars. It was tried again in September, 1846, and the plaintiff recovered twenty-five cents. Huston appealed and the judgment was re- versed, the opinion being certified on March 8, 1848.

Judge Hiram S. Tousley, another fa- miliar figure in northern Indiana appeared at the bar of this county in 1849. He was living at that time at Albion, but had once been a resident of Whitley county. His par- ents became residents of Union township about 1843. The young man worked on the farm for some time and finally accumulated a few dollars by making "black salts." With his little fund and a new suit of "jeans" made by his mother, this lanky young fellow went to Fort Wayne and be- came a student under L. C. Jacoby. Some of the younger fellows were inclined to laugh at him, but David H. Colerick said to them, "You may laugh now, boys, but you'll not laugh long." He was admitted to the bar and entered the practice at Albion in 1848, and resided there until his death. In 1863 he was appointed as judge of the circuit, and was twice re-elected. He was recognized both as a profound student of the law and of history.

Adams Y. Hooper was the next local attorney coming to the bar, being admitted in 1850. Adams Y. Hooper was born at Athens, Ohio, in 1825. After completing his literary education, he read law and was admitted to practice at Lancaster, Ohio. In

273

WHITLEY COUNTY, INDIANA.

1849 he went to Huntington, Indiana, but only remained there a short time, moving to Columbia City in the autumn of that year. The records show that he was ad- mitted to the bar here at the next term of court. in March, 1850, and here he lived and labored during the remainder of his life. In the early days, in a small county like Whitley, the practice of the law alone was scarcely sufficient either to occupy the entire attention or furnish an adequate liv- ing to an ambitious young man with a grow- ing family. Shortly after his arrival Mr. Hooper engaged in school teaching. Later he served as postmaster, and still later he was elected and served as county auditor. In 1852 he represented Whitley and Noble counties in the legislature, and in 1868 rep- resented Whitley and Kosciusko in the state senate. He was universally esteemed and respected by the community, and was re- garded as a wise counsellor and a just and upright man. In 1869 he formed a partner- ship with Walter Olds which existed up to the time of his death, and they took rank as one of the leading law firms of the county and commanded a large clientage.

At the April term, 1851, William Arnold and Samuel A. Sheibley filed their petition for a writ of ad quod damnum and the court ordered the sheriff to summon twelve men and view the site of the proposed mill dam at Springfield (now South Whitley) and appraise the damages. After much jockey- ing the inquest was returned, damages to adjoining landowners fixed, and the peti- tioners granted privilege to build a dam six and one-half feet in height.

At the succeeding fall term of court Elza A. McMahon became president judge.

and two men who were destined to appear many times in this court were admitted, Jo- seph Breckenridge and Lindley M. Ninde. Judge McMahon came from Ohio and set- tled in Fort Wayne about 1845. His first appearance in this court was as prosecuting attorney. He is remembered by the older members of the bar as a fair lawyer, an in- telligent and pleasant gentleman and a very satisfactory judge.

Joseph Breckenridge was another pio- neer lawyer who spent his life in Fort Wayne. He was educated in that city and admitted to practice in 1846. He served as prosecuting attorney and as judge of the court of common pleas and judge of the cir- cuit court. Early in his career he became engaged in railroad practice, acting first in connection with Robert Breckenridge and later by himself as attorney for the Pennsyl- vania Railroad, until the time of his retire- ment. It was in this capacity he was best known by the bar in Whitley county. He was characterized by an irrepressible fund of good humor and an inexhaustible fund of good stories, and perhaps no man was ever more successful in dealing with bellig- erent attorneys who had a suit for damages against the railroad.

Curtis W. Jones, who is the oldest liv- ing member of this bar, was admitted at this time.

It seems that with the advent of a new judge it became necessary to "spruce up" a little, and under order of the court three dollars was spent for sawdust for the court room, paper-hanging, etc., and three dollars and seventy-five cents for one new set of chairs.

Upon the taking effect of the constitu-

274

WHITLEY COUNTY, INDIANA.

tion of 1852, the offices of associate judge and probate judge were abolished and the common pleas court was created. At this time the state was redistricted for judicial purposes, and Whitley county became part of the tenth district. In September of this year Stephen Wildman and Isaiah B. Mc- Donald came to the bar. Judge Wildman afterward served as judge of the court of common pleas. Colonel McDonald has been identified with the Whitley county bar since 1852. In the same year in which he was admitted he was elected as prosecuting at- torney, and served until 1855, when he was elected county clerk. He served with dis- tinction during the Rebellion and at its con- clusion resumed the practice, serving also as school examiner from 1864 to 1870. Later he was identified with the newspaper business and other interests, but until very recent years, when his increasing infirmi- ties compelled him to lay aside some of the burdens, he continued in the active practice.

At the September term. 1853. there ap- pears the record of an ex parte proceeding of some note. for the reason that it is rather out of the ordinary. William Mccutcheon presented to the court his petition and made proof of publication, the prosecuting attor- ney appeared, and after due consideration the court granted his prayer and decreed that his name be changed to William Mills, and that he be hereafter known by that name.

.At this time the grand jury reported that the jail would do until a new one could be built. it not being worthy of repair.

The bar of the present day perhaps won- (lers how they got along in the early days without a court stenographer. The follow- ing entry will perhaps throw a little side

light upon the question. The case of The State vs. William Logan was brought to ' this county on a change of venue from Wells, was tried, and Logan was found guilty of manslaughter. "Ordered that John R. Coffroth be allowed ten dollars for taking down the testimony in the case of the State of Indiana vs. William Logan. to be certified to the county of Wells for pay- ment."

At the March term, 1855. A. W. Myers was admitted to the bar.

It was about this time the Pennsylvania Railroad was being constructed. This of course created a boom for the new town and business was on the increase. This also perhaps brought the first newspaper. It was evidently a hard struggle for the paper, for the first record I find even before he began to draw any fees for legal notices, is a con- fession of judgment by the proprietor, Jo- seph A. Berry, in favor of the Cincinnati Type Foundry Company. It is refreshing to know that friends came to his rescue. staid the judgment, and he remained to wield the quill for several years.

John Wheatley was indicted for bur- glary and larceny, was tried and the jury failed to agree. He was confined in the old jail, which had already been condemned by the grand jury, and in some manner man- aged to set it afire. He was at once in- clicted for arson, tried and convicted, and sentenced to imprisonment in the Jefferson- ville prison for two years. I imagine not- withstanding the loss, there was some wag- ging of the wiseheads and a large number of "I told you so's." At any rate it was now necessary to have a new jail. Judge Collins was allowed ten dollars for defending

275

WHITLEY COUNTY, INDIANA.

Wheatley on the first charge, and Moses Jenkinson the same for defending on the second charge.

September term, 1855, P. W. Hardesty was admitted. Hon. James L. Worden pro- duced his commission as judge of the tenth circuit and entered upon the discharge of his duties.

For the first time, court proceedings were a subject of comment by the news- paper. The Pioneer. under date of January. 1856, having this to say: "The January term of the court of common pleas for this county commenced on Monday, the 7th inst., and is still in session. Much more than an ordinary amount of business has been be- fore the court, and there is a probability that the remainder of the week will be consumed in the disposition of cases on the docket. The case of Dr. Linvill vs. A. K. Goodrich occupied several days of the term and was submitted to the jury on Monday night, who returned a verdict against the plaintiff. This was an intricate case, and one involving many nice points, and called out the best efforts of the attorneys engaged thereon. Hardesty & Myers appearing for the plaintiff and James S. Collins for the de- fendant, all of whom acquitted themselves with dignity becoming the profession. Dr. Linvill also made an argument before the jury of some hours length, in which he advanced many good. sound, common sense ideas. The charge of Judge Wildman to the jury was an able one, delivered in a very plain and elaborate manner."

The paper of this date contained the cards of Hardesty & Myers and James S. Collins, resident attorneys, and of attorneys at Angola, Albion. Lima, Ohio, and Ligonier.

In considering the early courts, we must not overlook a very important factor-the clerk. As heretofore noted, Abraham Cuppy was the first clerk. He was suc- ceeded by Richard Collins, who held the office until 1856, when he was succeeded by I. B. McDonald.

At the March term. 1856, A. J. Douglas was admitted to practice. He had been a teacher and after some years returned to that profession and was also ordained to the ministry. He taught, was city and county superintendent a number of years, retiring from the city schools in 1879 and from the county superintendency two years later, after which he devoted his life to the minis - try until failing health compelled his retire- ment about five years ago. His death oc- curred in Columbia City about two years ago.

At this term, also J. M. Austin was ad- mitted, and the Pioneer made this pleasant mention of the fact: "J. M. Austin, of this place, was admitted to the practice of law at the Whitley circuit court yesterday. He is a young man of some promise. May he meet with unbounded success." Pioneer. March 12, 1856.

James S. Frazer is first noted as ap- pearing in the Whitley circuit court at this session. Judge Frazer lived at Warsaw and soon became well known here. He was en- gaged here as counsel in important cases and as special judge many times, even up to the time of his retirement from active work.

The Pioneer under date of March 12th, again made a note of court proceedings : "The March term of the Whitley circuit court is now in session, Judge Worden pre- siding with his usual dignity. Among those of the legal profession present from a dis-

270

WHITLEY COUNTY, INDIANA.

tance we observe Hon. J. S. Frazer, J. R. in the upper part of the center, and directly Slack, J. R. Cofforth, Messrs. M. Jenkinson, under the said device of scales or balances, and within the inner, or centre, the words 'Whitley County.'" Case, Breckenridge and Dodge, of Fort Wayne, and H. S. Towsley, of Albion. We are not able to report the cases thus far September 1, 1857, D. T. Davis was ad- mitted to the bar. disposed of, but let it suffice for this week to say that on a motion to quash the indictment against Z. Henderson for violation of the liquor law on the ground of unconstitution-

Thomas Johnson came from Richmond to Fort Wayne and served as probate judge and later as prosecuting attorney. He died ality, that the motion was overruled by the . while still a young man, from the effects court.'

In the next issue, March 19, 1856, the Pioneer, at the request of all the members of the bar published the opinion of Judge Worden in the Henderson case.

On April 9, 1856, the same publication contained a new advertisement : "Marcus H. Drown, Attorney and Counsellor at Law, Columbia City, Indiana." But the adver- tisement disappeared after a few months and as I am unable to learn anything about this man I am led to the conclusion that he was a young man seeking a location and that the long vacation from March to Sep- tember exhausted his resources or his pa- tience, or perhaps both, and that he folded his tent and departed.

April 20, 1857. a new seal was adopted. "1, James L. Worden, sole judge of the Whitley circuit court, being fully satisfied that the seal heretofore and now used by the clerk of said court is so worn out by many years' use and that the same is of itself al- most useless, I therefore order that Isaiah B. McDonald, the clerk of this court, do procure a good, new and sufficient seal for said Whitley circuit court, with the follow- ing device. to-wit: A circular seal with the words 'The Whitley Circuit Court, Indiana,' in the outer circle, with scales or balances

of a cold contracted on his return from at- tending court at Bluffton.

Moses Jenkinson began practice in 1840. He was a successful lawyer, his practice was extensive, and he was often noted as appear- ing in the courts of this county.

John C. Wigent entered the practice of law late in life. He was in the war of the Rebellion, a member of the famous Simon- son Battery. After the close of the war, he began farming in Union township. At the age of about thirty-four, he was elected county recorder. Upon retiring from that office in 1878, he engaged in the abstract business, and gradually took up the practice of law in connection with this business. He served one term as prosecuting attorney. Later he took interest in the newspaper busi- ness, and the latter years of his life were clouded by financial difficulties.

Walter Olds read law in the office of Olds & Dickey at Mt. Gilead, Ohio. He was admitted to the bar in 1869 by the su- preme court of the state of Ohio. During the same year he came to Columbia City and formed a partnership with A. Y. Hooper under the name of Hooper & Olds. They acquired a large business and con- tinted in partnership until the death of Mr. Hooper in 1875. Later he formed a part-

277

WHITLEY COUNTY, INDIANA.

nership with Michael Sickafoose which con- tinued until 1884, when he was elected judge of the circuit court, consisting of the coun- ties of Whitley and Kosciusko. Judge Olds was the first judge of the Whitley circuit court who was a resident of Whitley county. He resigned in 1889 upon his election to the supreme bench of the state of Indiana. He resigned from the supreme bench in the state of Indiana, and entered the practice of law in the city of Chicago, but later re- turned again to Indiana, where he is now enjoying a large practice in the city of Fort Wayne, being the solicitor for both the Nickel Plate and Lake Shore Railroads.

Elisha V. Long, of Warsaw, was by Governor Hendricks, appoined Judge of the thirty-third circuit, composed of Whitley and Kosciusko counties. He was elected for a full term of six years in 1878. On his re- tirement in 1884 he was, by President Cleve- land, appoined chief justice of New Mexico. On his retirement from that position with the incoming of the Harrison administra- tion. he went into the practice of law at Las Vegas, where he still enjoys a large and lucrative practice.

Edward R. Wilson was only about thirty-two years of age when elected circuit judge in 1858. He studied law with Gov. Joseph A. Gage, and was admitted to prac- tice at Indianapolis. He located at Bluffton in 1853. In 1854, he was appointed prose- cuting attorney to succeed Judge Worden and succeeded him also as judge upon his resignation to accept an appointment in the supreme bench. Shortly after the expira- tion of his term, Judge Wilson removed to Madison and engaged in the practice of the law and later returned to Bluffton.

Robert Lowry was born in Ireland and

came to Fort Wayne in 1843. He studied law and was admitted to the bar and began practice at Goshen in 1846. He was elected circuit judge in 1864, re-elected in 1870, but resigned in 1875 and entered the prac- tice at Fort Wayne, having removed from Goshen in 1867. In 1877 he became judge of the newly created superior court of the city of Fort Wayne. He served two terms in congress as representative of the twelfth congressional district. Judge Lowry was perhaps one of the ablest judges who ever sat at Nisi Prius. He was honest and in- corruptible. He was a man of large mental attainments, kindly disposition and one in whom both lawyers and parties litigant had the utmost confidence.

Joseph W. Adair was born and spent the early years of his life in Noble county. After his appointment as judge he was elected for a term of six years and has twice since been re-elected, as a Democrat in a normally Republican district. Judge Adair's ability as a circuit judge is recognized by the bar all over northern Indiana. His clear conception of the underlying legal principles. his patience under all the trials a judge is called upon to endure in the disputes and questions arising. his prompt rules and his constant and uniform good nature and cour- teous treatment of the members of the bar. has made his court a favorite forum for the settlement of legal battles. This, together with the fact that Whitley is a small county. and has been able to keep her docket clean and secure prompt hearing of pending cases. has made his court a favorite place for cases sent from other counties, so much so, that it is sometimes referred to as the "Whit- ley change of venue court."

Cyrus B. Tulley was a Hoosier and to

278

WHITLEY COUNTY, INDIANA.

the manor born. He was the first member of the Whitley county bar, born in Whitley county. His parents were among the very earliest settlers of the county. He was born in Smith township in 1839 and had only the advantages of such school as that day afforded. In 1865 he came to Columbia City and began the study of law and engaged in surveying. He was admitted to the bar in 1869 and followed his profession until advancing years and the condition of his health required his retirement. In his earlier years he filled numerous positions in the city and county governments, having been town clerk, town trustee, county sur- veyor, city marshal and representative in the state legislature. Mr. Tulley was a self-made man, and was a man of very strong likes and dislikes. His unswerving honesty gave him the confidence of the people and in his prime he enjoyed a very large practice.

David H. Colerick was admitted to the bar at Lancaster, Ohio, and came to Fort Wayne in 1829, where he practiced law until he retired in 1872. He was of Irish par- entage, and possessed in an eminent degree the powers of an orator, and this coupled with his education and thorough prepara- tion, gave him at once a high rank in Indi- ana practice. He was employed in many of the criminal cases in the early days, when a plea to the sympathy and emotion of the juror were deemed of value. He founded a family of lawyer sons and grandsons. Two of his sons are yet in active and valu- able practice in the city of Fort Wayne: Walpole G. and Henry.

A. A. Chapin read law and located at Angola, after completing his college course at Ann Arbor. In 1865 he removed to

Kendallville and in 1883 to Fort Wayne. In 1860 he was elected and served one term as prosecuting attorney of the tenth circuit which then embraced ten counties in north- western Indiana, including Whitley. There ' were two terms of court each year in each county, and the judge and prosecuting attor- ney were compelled to go from one county to the other and hold court. In 1886 he was elected to hold the office for one term of judge of the Allen superior court. Dur- ing the latter years of his life, his hearing has been defective and he has been compelled to devote his attention largely to patent law. He justly merits the reputation which he has attained, that of being an honest and safe lawyer.

Henry Chase was about forty years old when he went on the bench and while he served this circuit only a short time, and never held a term of court in this county, was said to have been one of the best judges in his day.

F. P. Randal was identified with the history of Indiana for many years. He read law at Williamsport, Pennsylvania, and after his admission in 1838 took up his resi- dence in Fort Wayne and remained an im- portant factor until his death in 1892. He held office for many years in the city govern- ment and was five times elected mayor of the city.

The later members of the bar were John Krider, admitted in 1873; Thomas R. Marshall, William F. McNagny and James A. Campbell, in 1874. Then came Eph K. Strong. P. H. Clugston, Benton E. Gates, D. V. Whiteleather, W. H. Kissinger, O. E. Grant, F. B. Moe, John W. Orndorf, E. C. Downey and C. L. Devault. All these

279

WHITLEY COUNTY, INDIANA.

gentlemen are yet too young to figure in of William M. Hughes, was in 1846. judge history.

MEMORABILIA :

BY THOMAS R. MARSHALL.

In 1856 the justice's court was in full flower. As witness the following adver- tisement in the "Whitley Pioneer :" "Esq. Bodley has removed his office to the build- ing opposite the Tremont House where he is prepared to discharge any duty made en- cumbent upon him by the statute, not neg- lecting to tie the marriage knot for those disposed to commit matrimony."

At the March term, 1844, the regular judge of the court was indicted for assault. Instead of appearing before his associate judges he endorsed upon the indictment, "I plead guilty to this indictment and wish the court to examine Mr. Long and assess the fine." This judge was James L. Gordon.

In 1856 a communication appeared in the "Whitley Pioneer" signed by three justices of the peace, to-wit: J. C. Bodley, T. A. Crabb and J. R. Baker, announcing that the law against profanity was in force and in the discharge of their future duties, they were bound to enforce it, and gave notice to the public accordingly. So far as heard from, this is the last time that the law against profanity was ever known to be in force.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Whitley County, Indiana, Part 33

Author: Kaler, Samuel P. 1n; Maring, R. H. (Richard H.), 1859-, jt. auth Publication date: 1907 Publisher: [Indianapolis, Ind.] : B. F. Bowen & Co. Number of Pages: 940

Author: Kaler, Samuel P. 1n; Maring, R. H. (Richard H.), 1859-, jt. auth
Publication date: 1907
Publisher: [Indianapolis, Ind.] : B. F. Bowen & Co.
Number of Pages: 940