History of the Maumee River basin, Allen County, Indiana, Part 7

Author: Slocum, Charles Elihu, 1841-1915; Robertson, R. Stoddart, 1839-
Publication date: 1905
Publisher: Indianapolis ; Toledo : Bowen & Slocum
Number of Pages: 630


USA > Indiana > Allen County > History of the Maumee River basin, Allen County, Indiana > Part 7


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42


Judge Worden made no pretense to florid oratory, but in his addresses to the court and jury he was logical, practical and con- vincing. In the trial of causes his thorough knowledge of the law and the rules of practice, his fine analytical powers and logical and methodical manner of thought, enabled him readily to discern and grasp the salient points and to handle them with consummate skill. As a nisi prius judge he had but few if any equals in the state. Of him it may truthfully be said that in no office to which he was called did he fail to come up to the full measure of its requirements. Judge Worden's work upon the supreme bench is what has most certainly secured him an honorable and enduring place in the history of the state. He went upon that bench when a young man, thirty-nine years of age. His mind was clear, logical and discriminating, and his sense of right and justice was broad and exact. He was not a man of circumlocution, either in thought or word. There is clear- ness, conciseness and directness of expression in his opinions, which may well serve as models for judges and lawyers. He was by nature a lawyer and judge, having the faculty, in an unusual degree, of brushing aside all that might tend to becloud and confuse, and dis- cerning readily the real question for decision, and determining what the decision should be to conform to the rules of the law and work substantial justice to the parties interested. His opinions not only show his ability and his learning in the law but they give evidence also of careful and laborious preparation. He had no toleration for the weak and abused idea that the reputation of a judge upon the bench of a court of final decision is to be established, or the value of his labors measured, by the amount that he may write, and he was governed by the one and only sensible idea that the reputation of


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the judge upon such a bench will rest finally upon the character and not the number of his written opinions. He acted in conformity with the idea that care in the decision of causes and in the writing of opinions lessens the business in the supreme court by lessening litigation below, while haste and the consequent looseness in ex- pression, in an attempt to multiply opinions, necessarily results in misunderstanding on the part of the profession, in the multiplication of suits below and the increase in the number of appeals. He knew, as every lawyer of experience and observation knows, that suits are very frequently instituted on no other foundation than a dictum which has been found in some previous case and which ought not to be there, standing only as the evidence of undue haste on the part of the judge who wrote the opinion. Such cases invariably go to the supreme court, and thus haste in such a court increases rather than curtails its business.


Judge Worden wrote, perhaps, as few opinions in the same length of time as any judge who has ever been on the supreme bench of Indiana, but in the way of reputation he was in the front rank, if not the first man in the rank. By the lawyers of the state and by the courts, including the supreme court, his opinions are read and cited with a feeling of security. There is assurance that he was not only capable of deciding and stating the law correctly, but also that he had bestowed the labor and taken the time necessary to enable him to thus state it correctly. It is for this reason that his opinions are the more frequently cited and relied upon, not only in Indiana but elsewhere. By his work on the bench of the supreme court, as em- bodied in his written opinions extending over so many years, Judge Worden erected his own monument and wrote his own inscription. He needs naught else.


While Judge Worden was a firm and conscientious advocate of the principles and doctrines of the Democratic party, he was in no sense an aggressive or active partisan. The result was that he was singularly free from the assaults of party opponents, which, almost invariably, every public man has to meet. Indeed, Judge Worden always received a considerable support at the polls from those of the opposing political party who knew him well. On one occasion only was he assailed with anything like violence, and that assault


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was absolutely unfounded, while he never took the trouble to defend his position, deeming such action incompatible with the dignity of his position on the supreme bench. At the present time, however, in justice to his memory, it is well that the facts become known. In 1869 a law was passed which dispensed with the annual general elections and provided that, commencing with the year 1870, a general election should be held biennally on the second Tuesday in October, and that at such elections all offices whose terms would expire before the next general election thereafter should be filled. So long as the elections were held in October the terms of county officers began and ended in that month, subsequently to the general election, and they were so commissioned. In April, 1880, some constitutional amendments were submitted to the people of the state for adoption or rejection by popular vote. One of these amendments provided for a change of the date of the general elections from October to the first Tuesday after the first Monday in November. Almost imme- diately after the vote had been taken the question was made and insisted upon that the amendments had not been adopted by the requisite vote. The controversy soon assumed the form of a legal contest in court and went upon appeal to the supreme court. It will readily be seen that if that court should hold that the amendments had been adopted, the next election, in the fall of 1880, would be in November instead of October, and that the four years' terms of many county officers would expire in October before the November election in 1882. In that event, in order to comply with the law of 1869, above mentioned, it would be necessary to elect successors to such officers in 1880.


Acting upon the assumption that the amendments had been adopted, there were in Allen county, where Judge Worden lived, a number of candidates for nomination for the four-year county offices by the Democratic convention, soon to assemble. If the amendments were not adopted there would be no expiration of terms in such offices before the election of 1882 and hence no vacancies to be filled by election in 1880. By reason of the position of the candidates above mentioned, Judge Worden's friends in Allen county thought it would be best to know, if possible, before the assembling of the county convention whether or not the amendments had been adopted.


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The convention was called to meet on Saturday of the week in which the case was argued in the supreme court. If the amendments should be held to have been adopted it would be necessary to nominate candidates for the four-year offices, otherwise not. While the argu- ment was in progress a prominent citizen of Fort Wayne was in Indianapolis, and in a conversation with Judge Worden, in the presence of a close friend of each, spoke of the condition of things in Allen county. Then, without an intimation as to whether he wished a decision one way or the other, or that he held the matter as one of any consequence whatever, he requested that if a decision should be reached before the coming Saturday the judge should tele- graph him at home the result. The case was decided before the . coming Saturday and it was held, Judge Biddle writing the opinion, that the amendments had not been adopted by the requisite vote. After the opinion had been read and approved by the court and had thus become open for inspecton by all, Judge Worden met the friend who had been present at the conversation with the Fort Wayne gentle- man and said to him that the decision was that the amendments had not been adopted, and requested him to telegraph the fact to the boys at Fort Wayne. That conversation was overheard by a newspaper reporter and he has contended that the judge requested the friend to "telegraph it to the boys," not mentioning Fort Wayne. Whether he may have been wrong or not in that contention is a matter of no consequence and can not affect the real truth in the matter, because Judge Worden had and could have no thought except to have the fact communicated to his friends at home, in compliance with the request before mentioned, which friends he called "boys." He was a man of too much dignity and too high a sense of propriety to speak of any save his intimate friends at home as "the boys." But for the peculiar condition of affairs in Indiana at the time doubtless no notice would have been taken of Judge Worden's innocent remark. Indiana was just entering upon one of its most exciting political campaigns. Up to that time the general elections had been held in October. The state was one of the few known in the political world as an October state, and having been regarded as a close and pivotal state the presidential campaigns here had always been exciting and closely contested, calling to the field a large number of the best


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speakers of both parties. A president of the United States was to be elected in 1880. The friends of Governor Hendricks in Indiana were making a vigorous effort for his nomination by the Demo- cratic national convention. The convention was about to assemble in Cincinnati, and many of the delegates were already there when the aforementioned decision of the Indiana supreme court was ren- dered. Although the opinion in the case was written by Judge Biddle, who had not been elected as a Democrat and never had been a Democrat, yet owing to the fact that the majority of the members of the court had been elected as Democrats, for the purpose of turn- ing every possible thing to political advantage in the close and fierce contest that was just opening, Judge Worden's innocent statement was tortured and twisted from its true and only reasonable meaning, with the contention that his purpose was to have the news of the decision telegraphed to the delegates in Cincinnati, and that there- fore the decision had been rendered for the purpose of assisting in the nomination of Governor Hendricks for the presidency.


The real facts in the case, as above stated, fully meet and over- throw such an unreasonable contention and such an unjust and un- reasonable torture of Judge Worden's statement, as above recited. In refutation of these malign charges nothing farther could be de- manded than a reference to Judge Worden's high character, dignity and sense of propriety ; his well known and uniform personal, official and judicial integrity ; and to the estimate placed upon him by all who knew him well. In determining a man's character there is no criterion so reliable as the judgment passed upon him by the people among whom he has lived for a lifetime and who have thus had the oppor- tunity of knowing him well in all relations of life. Judge Worden was a resident of Indiana a few months more than forty years. As prosecuting attorney, judge of the circuit court, mayor, judge of the supreme court and judge of the superior court of Allen county, he was in public service for more than twenty-seven years of that time. His life was thus, in a large measure, an open book, inviting the closest scrutiny and challenging it. When not in the public service he was in the practice of law at home and in a large number of sur- rounding counties, and he was thus still, in a sense, in public life. At no time did the people who knew him best have more confidence in


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his integrity and lofty character than in the later years of his life. The final manifestation of enlightened popular confidence shown in his election to the bench of the superior court of Allen county after his long service on the supreme bench, is of itself more than suf- ficient to meet and overthrow the unreasonable and unjust imputation above mentioned.


It is a matter in which his widow, children and friends have a just pride that after having spent the greater part of his active career in the public service he went to his grave respected and honored by the people who knew him and by the bar and courts of the state,- an honest and honorable man, an honest and faithful public servant. So long as Indiana shall be a commonwealth, so long as its people shall have laws and courts, his name will be known and honored. How much good he accomplished for the people of the state may never be fully appreciated by the people in general, but it will be, in a measure at least, by the profession and by the more observing citizens in other walks of life.


In the spring of 1845 Judge Worden was united in marriage to Miss Anna Grable, daughter of Benjamin Grable, at that time county treasurer of Whitley county and one of the honored and influential citizens of that section of the state. Mrs. Worden proved a devoted wife and coadjutrix to her honored husband, sharing in his ambitions and honors and making the home one worthy the name. She survives him and still maintains her residence in Fort Wayne, where her circle of friends is circumscribed only by that of her acquaintances. Three sons survive their distinguished father, James Willis Worden, Charles H. Worden and Harry Lawrence Worden.


Charles H. Worden is well upholding the professional prestige of the honored name which he bears. He was born in Fort Wayne, on the 14th of September, 1859, and after completing the curriculum of the public schools of his native city he was for two years a student in the University of Michigan, at Ann Arbor. He was admitted to the bar of the courts in Allen county in 1882 and later to practice in the federal courts in the state. From 1886 until 1894 he was associated. in practice with John Morris, Jr., son of his father's old-time partner and friend, Judge John Morris, above mentioned, the firm name being Worden & Morris. In 1895 Mr.


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Worden formed a partnership with Hon. Allen Zollars, under the name of Zollars & Worden, and this professional alliance continued until 1902, in June of which year Mr. Worden was elected vice- president and managing officer of the First National Bank of Fort Wayne, of which dual office he is incumbent at the time of this writing. He is a Democrat in politics and is known as an able lawyer and public-spirited and progressive citizen. On the 10th of June, 1884, Charles H. Worden was united in marriage to Miss Eliza- beth M. Hoffman, of Fort Wayne, and they have three children, Alice, Marshall Wines and Charles James.


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FREDERICK B. SHOAFF.


Of admirable professional attainments and recognized as one of the representative young members of the bar of Allen county, Mr. Shoaff further merits consideration in this work by reason of the fact that he is a native of the county and a scion of stanch pioneer stock both in the paternal and maternal lines. On other pages of this work will be found due record concerning the respective families, whose names are honored and prominent ones in this section of the state.


Frederick B. Shoaff was born in the city of Fort Wayne, on the 7th of October, 1877, and is a son of John A. and Susan R. (Barnett) Shoaff. His fundamental educational training was secured in the public schools of his native city, in whose high school he was gradu- ated as a member of the class of 1895. During the succeeding three years he was a student in old Williams College, at Williamstown, Massachusetts. He was then matriculated in the University of Michigan, at Ann Arbor, where he completed the literary course and was graduated as a member of the class of 1900, receiving the degree of Bachelor of Philosophy. Shortly after his graduation Mr. Shoaff was favored in being able to make a trip abroad and to avail himself of the privileges afforded in the historic old University of Heidelberg, Germany, where he completed a course in Roman law, remaining a student in this institution during the year 1901. He then returned to America and entered the law department of Co- lumbia College, in the city of New York, where he completed the prescribed technical course and was graduated as a member of the class of 1903, with the degree of Bachelor of Laws. Shortly after his graduation Mr. Shoaff went to St. Louis, Missouri, where he secured admission to the bar and where he was engaged in the prac- tice of his profession until June, 1904, when he returned to Fort


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Wayne, where he is now engaged in the work of his profession. His technical equipment is exceptionally complete and he is thoroughly en rapport with his profession, in which his advancement is certain to continue along the higher lines, while he is distinctively popular in the business, professional and social circles of his native city of Fort Wayne. In politics Mr. Shoaff is a stanch advocate of the principles and policies of the Democratic party, and he is a member of the Presbyterian church, while his wife attends the Episcopalian church.


On the 21st of June, 1904, was solemnized the marriage of Mr. Shoaff to Miss Alice J. Dryer, who was born and reared in Fort Wayne, being a daughter of Dr. Charles R. and Alice P. (Peacock) Dryer, who removed from this city to Terre Haute, this state, about eight years ago.


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ROBERT W. T. DEWALD.


As one of the representative business men of Fort Wayne and as the president of the George DeWald Company, one of the largest wholesale dry-goods houses in the state, Mr. DeWald merits con- sideration in this publication, while farther interest attaches to his career from the fact that he is a native of Fort Wayne and a son of the late George DeWald, one of the most distinguished and hon- ored of the pioneer merchants and citizens of the "Summit City." As a memoir to George DeWald is incorporated on other pages of this work, together with data concerning the business at whose head he stood until the time of his death, it is unnecessary to re-enter the data in the present connection.


Robert W. T. DeWald was born in the old family homestead, which stood on the site of the present magnificent federal building in Fort Wayne, on the 7th of March, 1862. His early educational training was secured in the parochial and public schools of his native city and supplemented by a course in the Catholic cathedral school. At the age of sixteen years he gave inception to his business career by entering the dry-goods store of his father in the capacity of salesman. He learned the business thoroughly in all its details and has manifested the same pragmatic ability and discrimination which so characterized his father. In January, 1900, he, with his brother George L. and William P. Beak, was instrumental in the organization and incorporation of the George DeWald Company, of which he has since been president, while he has directed the executive affairs of this extensive wholesale house with marked ability, expanding its trade and functions and making it one of the leading commercial in- dustries of the city. Mr. DeWald is also vice-president of the People's Trust Company, of Fort Wayne, and is a member of the


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directorate of the German-American National Bank, while he is interested in a capitalistic and executive way in other important en- terprises in his native city. In politics he accords allegiance to the Democratic party, but he has never been active in political affairs. Both he and his wife are communicants of the Catholic church, in whose faith they were reared.


On the 25th of January, 1889, Mr. DeWald was united in mar- riage to Miss Mary P. Henebery, daughter of Matthew and Mary Henebery, of Peoria, Illinois, where her father was a prominent banker, capitalist and influential citizen at the time of his death, No- vember 4, 1903.


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CHARLES G. PFEIFFER.


We are pleased to incorporate in this work a resume of the career of this venerable and honored pioneer of Allen county, where he has passed the major portion of his life, which has been principally de- voted to agricultural pursuits. He is the owner of a valuable landed estate in Washington township, and is now living practically retired, after years of earnest and indefatigable effort, through which he has attained to marked prosperity.


Mr. Pfeiffer is a native of Wittenberg, Germany, where he was born on the Ist of May, 1827, being a son of Christopher and Kath- erine (Hertsler) Pfeiffer, who emigrated from the fatherland to America when our subject was a child of about five years. They first located in Buffalo, New York, and in that state the father was identi- fied with farming until early in the '40s, when they came to Allen county, Indiana, and located in Washington township, near the city of Fort Wayne, where they passed the remainder of their lives, hon- ored by all who knew them, while the father became the owner of a good farm of eighty acres. His death occurred in 1850, and his wife also passed away, both having been consistent members of the German Lutheran church. They became the parents of seven chil- dren, all of whom are deceased except the subject and his brother, Christian F., the latter being a resident of Buffalo, New York. The names of the children are here entered in the order of their birth: Rosina, Catherine, Regina, Barbara, John C., Christian F. and Charles G.


Charles G. Pfeiffer, the immediate subject of this sketch, was reared to the discipline of the farm, passing his youth in Buffalo, New York, and being about thirteen years of age at the time of the family removal to Indiana. That he has succeeded in his chosen field of


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endeavor is best indicated in the fact that he is the owner of a fine landed estate of three hundred and eighty acres in Washington town- ship, the property having the best of improvements and all being under effective cultivation except about ninety acres, which are devoted to pasturage. This farm has been devoted to general agriculture and stock raising, and is one of the valuable places of the county, thrift and good management being evidenced on every hand. Mr. Pfeiffer retired from active labor several years ago, and now rents his farm, the greater portion being in charge of his son Ivory. In 1900 our subject removed to the city of Fort Wayne, where he has a pleasant home and where he is enjoying a well earned rest and the rewards of his former years of earnest toil and endeavor. He has gained a competency through hard work and good management, having been dependent upon his own resources from his early youth, while his entire life has been characterized by inflexible integrity and honor in all its relations, so that he has ever held the unqualified confidence and esteem of his fellow men. He personally effected the clearing of more than three hundred acres of land, and the vicissitudes and hard- slips of the pioneer era represent more than mere names to him, since he had close personal experience in the connection. His educational advantages as a youth were limited to a very irregular attendance in the primitive log school houses of the pioneer days, but through ex- perience and active association with men and affairs he has gained a large fund of practical knowledge and has been an able business man. In politics he has supported the Republican party from practically the time of its organization, and while he has never aspired to office he has been called upon to serve in various township offices. He and his worthy wife are valued members of the Lutheran church, and have exemplified faith in the daily walk of life.


In the year 1850 was solemnized the marriage of Mr. Pfeiffer to Miss Abigail Williams, who was born in Wayne county, Ohio, being a daughter of John and Perthina (Sutton) Williams, who came from Pennsylvania to Allen county, Indiana, in 1837, being numbered among the early settlers of this section. The father was a shoemaker by trade, but after coming to Indiana he gave his attention principally to farming, taking up wild land and reclaiming the same to cultiva- tion, while he also assisted in the cutting through of the early roads.


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Indians were still much in evidence, and Mr. Williams gained their good will and esteem, while, as a shoemaker, he frequently mended their moccasins. The family endured many privations in the pioneer days, and for several days at a time their only food would be parched corn. In the family were ten children, of whom only two are living, Charles, who is a resident of Fort Wayne, and Abigail, who is the wife of the subject of this sketch.


Mr. and Mrs. Pfeiffer have seven children, namely: George, who married Miss Altha Cartright, and who is a prosperous farmer of Allen county; Albert, who married Miss Regina Fitzsimmons, and who likewise is a representative farmer of this county; William, who remains at the parental home; Clara A., who is likewise beneath the home roof; Frank, who married Miss Edith Monn, and is engaged in farming in his native county; Ivory, who is engaged in farming on the old homestead, and Arthur, who resides at the parental home, being a carpenter by vocation.




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