USA > Indiana > Wayne County > Richmond > Memoirs of Wayne County and the city of Richmond, Indiana; from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Wayne County, Volume I Pt. 1 > Part 26
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William W. Wick was known as a shrewd lawyer and one re- markably successful in his practice. He was secretary of state under his friend and colleague. Gov. James B. Ray, and served in the United States Congress from 1839 to 1841, and from 1845 to 1849
llon. James B. Ray was acting lieutenant-governor in 1824-25, and in the latter year was elected governor of Indiana, being the youngest occupant of that chair up to that time. He was a zeal- ous lawyer and a brilliant speaker.
About this time the little villages of Centerville and Rich- mond, away to the eastern side of the county, had grown so in size that they could support several members of the legal profession. Bethnel F. Morris was probably the first lawyer who ever settled in Centerville. He came to Centerville about 1818, from Brook- ville, and was later judge of the Marion Circuit Court.
"The first lawyer in Richmond," says Dr. Plummer, in his "Historical Sketch of Richmond," "was one Hardy. He boarded at Ephraim Lacey's tavern and walked the pavements with his thumbs stuck in the armholes of his vest and his head pompously thrown back, spouting the phrase .- 'Qui facit per alium facit per se'; but still no business came and he concluded to go further south where merit was better rewarded." This was probably about 1820. In 1826 John B. Chapman advertises himself in the "Public Ledger" as "late of Virginia"-"Attorney and Counsellor at Law."
John D. Vaughn came to Richmond about 1827, from Wil- mington, Del., and opened a law office, practicing before the courts here a number of years.
The most notable trial held in the little brick court house at Salisbury was that of the "United States vs. Henry Chryst-in- dictment for murder." The case was tried in the March term, 1810, before Jesse L. Holman, chief judge, and Associate Judges
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Hoover and Fleming. The trial lasted but one day. The jury, composed of Richard Lewis, David Noland, John Bratton, John Patterson, Caleb Harvey, Jacob Meek, John Stewart, Lewis Ho- sier, Michael Neiss, William Clawson, John Small, and Bladden Ashley, returned a verdict of guilty; and Chryst was hanged in the public square on April 1, 1816. John Test assisted the prose- cutor, and James Dill and James Noble conducted the defense. This was the first trial for murder in Wayne county.
But Salisbury's existence as the county seat was destined to be short lived. As early as 1814, Centerville, its neighbor and rival, made attempts to have the county seat moved there. The first session of the Indiana legislature, on Dec. 21, 1816, passed an Act by which the removal was anthorized, on the condition that the citizens of Centerville provide public buildings equal in conve- nience and value to those already in Salisbury, without any ex- pense to the county. Section 3 of the same act names Aug. 1. 1817, as the day, on and after which all public business shall be trans- acted at Centerville. Gov. Jonathan Jennings approved this act.
In August, 1817, the county commissioners met for the last time at Salisbury. James O'Dell and Thomas Beard, constituting a majority, ordered that the board adjourn to Centerville, the third member, Thomas J. Warman, dissented and refused to sit. An Act of the legislature, Jan. 28, 1818, authorizing the court to convene at Centerville and provided that it should convene on the first Monday of March, June, and October, and should sit six days each term. Accordingly, on the first Monday in March, ISIS, the court convened at Centerville, but not with the feeling that Salis- bury had relinquished her claim to the county seat. The next year the question was brought before the court to decide between Salis- bury and Centerville as the legal seat. The presiding judge, John Watts, was absent. The associate judges, William McLane and Jesse Davenport, were of the opinion that Centerville was the legal seat and announced this, their rather ambiguous decision : "The seat of justice is permanently at Salisbury, the Act of Dec. 21. 1816, not having a sufficient repealing clause had not removed it; but that the Act of Jan. 28, 1818, authorized the court to hold their pro tempore session in the town of Centerville until the legis- lature shall otherwise direct." It is needless to say that the legis- lature has never otherwise directed, although as late as 1820 we find that the question came before the county commissioners. On Aug. 14, 1820, the question was finally settled by the Board, con- sisting of Isaac Julian and Benjamin Harris, who accepted the deed of the public square in Centerville.
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Centerville rapidly forged to the front. She was settled by a class of citizens, progressive and intelligent, who soon won fame for her wherever they went and whatsoever profession they fol- lowed. Especially is this true of the legal profession. The law- yers and judges who assembled before the bar there gave to the Wayne County Bar a reputation second to none in Indiana. For more than fifty years justice was meted out by judges, such as Charles 11. Test, James Perry, Miles C. Eggleston, Nimrod 11. Johnson, and William A. Peele, and the whitewashed walls of the court house resounded to the pleadings of such men as Caleb B. Smith, James B. Ray, Jacob B. Julian, Oliver P. Morton, William A. Bickle, George W. Julian, and Charles H. Burchenal.
Many interesting facts concerning the carly history of the Wayne County Bar are found in Oliver 11. Smith's "Early Indiana Trials." He says: "We generally carried with us, on the circuit, 'Epinasse's Nisi Prius' and 'Peak's Evidence,' with dog-ears turned down at each heading." A case is related in which Cyrus Finch won a case of "assumpsit" from his opponent by reading a section from the Constitution of the United States. The unanimous deci- sion of the court was that "The Constitution of the United States must prevail; judgment for the plaintiff." A case is also related in which a certain counsel attempted to cite various British author- ities in support of his plea. Such books as Coke on Littleton, Blackstone, Bacon's Abridgement, Wood's Institutes, and Jacob's Law Dictionary were read to the Court. The Court, after listen- ing to them all, announced that "These British authorities were all cut off on the Fourth day of July, 1776; judgment for the defend- ant."
An amusing anecdote is related of Judge Charles H. Test. In a certain case Judge Test moved to quash an indictment for gam- bling, on the ground that it was bad on its face. Judge Test was not a man of very prepossessing appearance, and his opponent, Jame T. Brown, quick to seize any advantage, arose and said : "Mr. Test, if everything is quashed that is bad on its face, what would become of you?"
Many a lawyer in those days made use of terms whose real meaning he little knew. Such terms as "scire facias," "curia advi- care vult," "trespass quare." "ciausum fregit," "damnum abseque." and "injuria," were in common use there. A lawyer in those early days generally practiced in several counties and was known as "a cir- cuit rider." The railroad was as yet unheard of, and previous to 1824 there was no bridge anywhere in the State of Indiana. so that
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it was necessary that a horse should be a good swimmer as well as a good traveler. General Noble rode on "Wrangler," Rariden on "Old Gray," Amos Lane on "Big Sorrel," Judge Eggleston on "Indiana Pony," James B Ray on "Red Jacket," and Oliver II. Smith on "Grey Fox," the highest priced horse of all, whose cost was $go.
James Gilmore, David Drew, Stephen Whitcher, Cyrus Finch, and Oliver HI. Smith were admitted to the bar in October, 1820.
Cyrus Finch was prosecuting attorney in 1827-28, and was a lawyer of fine perceptive powers. He was also editor of the "Western Times," one of the leading newspapers of Eastern In- diana, and won fame in the literary as well as in the legal field.
Hon. Oliver II. Smith was a native of New Jersey who emi- grated to Indiana in 1817. He was prosecuting attorney for the Third district in 1825-27. He was a member of the State legisla- ture in 1822, of the United States Congress in 1827-29, and in 1837 was elected to the United States Senate, serving in this capacity for six years. His book, entitled "Early Indiana Trials," is prob- ably the best work ever written on the early Indiana bar and is full of valuable material.
Lot Bloomfield, Abraham Elliott, and Martin M. Ray were admitted in April, 1822. The latter was a man of high moral char- acter and a good lawyer. He was prosecuting attorney in 1829, and also from 1840 to 1843. He represented Wayne county in the State legislature in 1834-35.
Charles H. Test was admitted to the bar in 1823. He was a son of Judge John Test and practiced law in Lawrenceburg, Brookville, and Rushville, before removing to Centerville. He was a man of exceptional fine talents-his personal appearance being lost to sight when one listened to his masterly arguments. lle was judge of the Wayne Circuit Court from 1830 to 1836 and State senator in 1840. He was also secretary of state from 1849 to 1853, and later in life was chosen judge of the Lafayette Circuit Court.
Hon. James Perry was another early faithful disciple of Blackstone, in Wayne county. A native of Ohio, he moved, in 1822, to Liberty, Ind., where he began the study of law. Admitted to the Wayne County Bar in 1824, he at once took rank with the best lawyers at the bar and, in 1831, he was licensed to practice before the Supreme Court of this State. He served as prosecutor for the Fifth Judicial Circuit from 1831 to 1832. This circuit then embraced Union, Fayette. Wayne. Henry, Allen, Randolph, La-
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grange, and St. Joseph counties, but owing to his poor health he was obliged to have deputies in the northern counties. In 1840 he was chosen judge of the Fifth Judicial Circuit, serving in this capacity until 1844. He was an able and forcible pleader and a sound and reliable advocate
John S. Newman was admited to the bar of this county in 1828 and for more than thirty years was one of its most prominent members. He was a member of the convention to revise the Con- stitution of Indiana, in 1850, and was a man of good business abil- ity. He served as president of three of the leading business enter- prises in this State: The White Water Canal Company, the Indi- ana Central Railroad Company, and the Merchants' National Bank. As a lawyer his arguments were strong and his counsels safe.
Foster P. Wright, Gustavus A. Everetts, and William J. Brown were duly qualified and admitted in 1830.
Abner Hlaines, Thomas C. Anthony, George Holland, and Samuel Bigger were admitted in 1832. Abner Haines was a law- yer of more than ordinary ability and was at one time a partner of the Ilon. Oliver II. Smith, while the latter resided at Centerville. He was elected probate judge in 1835, serving as such until 1837.
Samuel Bigger was an Ohioan by birth and first engaged in the practice of law at Lebanon, Ohio. He was elected to the State legislature in 1834, and in 1836 was elected judge of the Wayne Circuit Court, serving in that capacity until 1840. In that year he was elected governor of Indiana on the Whig ticket, serving his terin acceptably and well. By his recommendation the Indiana Hospital for the Insane was established.
John T. Elliott, who was admitted to practice in 1833, was a man of fine scholarly attainments and was always popular with his colleagues at the bar. Ile served as judge of the Wayne Cir- cuit Court for two terms-1844-1852 and 1856-1865-occupying the bench longer than any other judge in this county.
Hon. Samuel E. Perkins was a native of Vermont who first came into prominence as a Wayne county lawyer. In 1836, alone and on foot, he came to Richmond and entered the law office of James W. Borden, Admitted to the bar in 1837, he opened an office in Richmond, where his practice soon became large and lu- crative. In 1843 he was appointed prosecuting attorney of the Sixth Judicial Circuit and the next year was one of the Presidential electors from Indiana. In 1845, at the age of thirty-four, he was appointed a judge of the Supreme Court for one year. At the expiration of this time he was re-appointed and. in 1852 and 1858,
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under the new Constitution, he was re-elected by popular vote to the same high office. Later in life he filled the chair of Profes- sor of Law in both the Northwestern Christian University and the State University at Bloomington. He was judge of the Marion Superior Court in 1872-76, resigning to again take up his old position on the Supreme Court bench, this time serving until his death, which occurred in 1879. As an author, his "Indiana Digest," published in 1858, and his "Indiana Practice," published the fol- lowing year, are two of the best books on Indiana laws ever pub- lished. Few, if any, could excel him as a jurist, for, faultless in integrity of purpose, he adorned every public station to which he was called.
Contemporaneous with Judge Perkins was the Hon. Jacob B. Julian. Left an orphan by the death of his father, in 1823, his early years were passed on the farm and at the blacksmith's forge. With but a common school education and a smattering of Latin, he started out in the world alone. Obtaining employment in the office of Judge Newman, he spent his spare moments in the study of law. In 1839 he was admitted to the bar, and in 1844 he was elected prosecuting attorney of this circuit, then composed of Wayne, Fayette, Union, Rush, and Decatur counties. In 1846-48 he represented Wayne county in the State legislature, where he was especially prominent in advancing all works of public improve- ments. Although never very popular at the bar on account of per- sonal peculiarities, his practice was always large and remarkably successful from every standpoint.
Closely associated with him by bonds of kinship as well as profession was his brother, Hon. George W. Julian, the distin- guished lawyer, statesman and orator. His early life was one con- tinuous struggle for culture and education, in the face of the most adverse circumstances. At one time he was "rodman" on the White Water canal, even then devoting all his spare time to his books. From 1837 to 1839 he was engaged in teaching school. But his ideals were higher than this. It had always been his high- est ambition to become a member of the bar, and in the spring of 1839, while teaching in Illinois, he began the study of law. In 1840 he was admitted to the Wayne County Bar and immediately entered upon a career which was destined to bring him fame and honor. In the campaign of 1844 he won a brilliant reputation as a stump speaker, and in 1845 he was chosen a member of the State legislature. Mr. Julian sprang into national prominence in the famous Buffalo convention, in 1848, by warmly espousing the Free
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Soil cause. During the Presidential campaign of that year he astonished everyone by the power and spirited eloquence of his speeches. In 1849 he was elected to Congress. His career in that body was not brilliant. He was one of the most radical of all the anti-slavery men and naturally drew upon himself the bitter hatred of his opponents, resulting in his defeat for re-election in 1851. In 1852 Mr. Julian was nominated as the Vice-Presidential candi- date on the Free Soil platform and made a brilliant though unsuc- cessful campaign. He was especially prominent in the Republican convention at Pittsburgh, in 1856. He was one of the vice-presi- dents and chairman of the Committee on Organization. In 1858 he was again nominated for Congress and defeated, but in 1860 was elected by a large majority to represent this district in Con- gress. Ife was re-elected to the Thirty-eighth, Thirty-ninth, For- tieth, and Forty-first Congresses. lle was author of the Home- stead Law and was a member of the committee which drafted the resolutions to impeach Andrew Johnson ; also proposing the Fif- teenth Amendment. Ilis speeches held his audience spellbound and at the bar he was a strong and merciless opponent. In 1873 he retired from public life and afterward devoted much of his time to literary pursuits.
Admitted to the bar in the same year with Mr. Julian was the Hon. William A. Bickle. He was born in Virginia in 1819. Many of his early days were spent at the shoemaker's bench with his father. Desiring a college education in addition to what he had obtained in the common schools, he entered Miami University in 1837, but remained there only a short time. He returned to Center- ville, where he began the study of law in the office of Judge Test. Being admitted to the bar in 1840, he at once removed to Rich- mond, where he entered upon the practice of his chosen profes- sion. In this he was remarkably successful from every point of view and for two years was a partner of Jacob B. Julian. Later in life he was associated with both Judge Perry and W. P. Benton. At the organization of the Wayne Superior Court, in 1877, he was appointed as judge of the court at the unanimous request of the bar here. Judge Bickle was a self-made man in every sense of the word and all his success was achieved solely by industry and close application. Few members of the bar stood higher in the profes- sion than he, and, when in his prime. his flights of eloquence never failed to move an audience. His style was grace itself, his words were well chosen and effective, and it was his pride to be able to express the same thought in as many different ways as possible. Judge Bickle died in 1898.
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Jesse P. Siddall and John Yaryan were two members who were admitted in 1842 and who later became prominent. Jesse P. Siddall was born in 1821 and was the son of Atticus Siddall, an early Richmond merchant. Admitted to the bar of this county in 1842, he removed to Madison county, where he practiced for about two years. Coming to Centerville about 1845, he formed a partnership with the Hon. John A. Newman, a partnership which lasted for more than ten years. In 1852 he removed to Richmond, residing there until his death in unusually propitious circumstances, in all legal matters, and with a large circle of personal friends; yet he never aspired to hold office. Political life held forth no induce- ments to him. To him a quiet home, with a wide circle of con- genial friends, offered more than legislative halls. Few men have ever surpassed him in a close and technical knowledge of the law, and his services were always in demand in close and intricate cases.
Hon. John Yaryan was born in 1813, being a native of Tennes- see. When a boy he was crippled by a gun bursting in his hands, which disabled him for all manual labor, and he was therefore given a liberal education. He began the study of law under Judge Perry, at Liberty, and commenced to practice there. In 1842 he was admitted to the bar of this county, where he began a long and successful career. Especially in the political circles was he promi- nent. He represented Union county in the legislature twice, and Union and Fayette counties once in the State senate. In 1877 he represented Wayne county in the legislature and in 1888 was elected to the senate.
Hon. Nimrod H. Johnson was admitted in 1843 and at once attracted attention through his marvelous abilities, both as an advocate and jurist. He was commissioned prosecuting attorney in 1848, and in 1852 was appointed as first judge of the Common Pleas Court. In 1867 he was elected judge of the Wayne Crim- inal Court, in which position he was serving at the time of his death. Ilis useful career was ended suddenly, in 1869, by his accidentally taking poison.
William A. Peelle was admitted to the bar in 1845. Removing to Winchester, Ind., the following year, in 1848 he was elected prosecutor for the Randolph Circuit Court. In 1854 he was elected judge for the Common Pleas Court of Randolph and Jay coun- ties. In 1860 he was elected secretary of state on the Republican ticket, and six years later he was chosen as representative to the State legislature from this county. He also served for a short
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time as judge of the Wayne Criminal Court. Judge Peelle was al- ways regarded as a good lawyer and a safe counsellor.
No name among the list of Indiana's statesmen and jurists stands forth brighter than that of Oliver P. Morton. He was born in Wayne county, in 1823. and at the age of fifteen was appren- ticed to a hatter in Centerville, working at his trade four years. Ile spent all of his spare moments in close, earnest study, and in 1841 entered Miami University. Graduating there with high hon- ors, in 1843, he returned to his old home in Centerville and began the study of law in the office of John S. Newman. In 1846 he was admitted to the bar of this county. His legal preparation had been most thorough and conscientious, and this, coupled with his marvelous intellect and easy flow of language, soon brought him a reputation as Indiana's foremost lawyer and jurist. While he was engaged in the practice at Centerville his services were in great demand. It is related by William Dudley Foulke, in his "Life of Morton." that two adversaries, having become involved in some legal controversy, both sought to engage Morton's professional services. One of the combatants lived in Cambridge City; the other, in Richmond. Both started for Morton's office, in Center- ville, but as the distance from Richmond to Centerville is some- what shorter than that from Cambridge City to Centerville, the Richmond man arrived first, secured Morton's services, and ulti- mately won his case. In 1852 Morton was elected judge of the Wayne Circuit Court. serving somewhat less than a year in this capacity. Nominated by the Republican party for governor, he was defeated, in 1856, by Ashbel P. Willard. In 1860 the Re- publican party was victorious and Mr. Morton was elected lieu- tenant-governor, with Gen. Henry S. Lane as governor. The lat- ter resigned, in 1861, to become United States Senator from Indiana. and Mr. Morton succeeded to the office of governor. In 1864 he was elected to the same office and filled it until 1867. when he became United States Senator, succeeding General Lane as the Republican choice. Re-elected to the same high office in 1873, he represented Indiana in this assembly until his death, which oc- curred Nov. 1. 1877. Few men have brought more renown to their native State than Oliver P. Morton. His speeches in the Senate chamber are models of clear, masterly, and penetrative thought. Ilis style, in the words of William Dudley Foulke, was, "earnest and logical, but not ornate." During his practice at Centerville Mr. Morton was a prominent member of the "Dark Lyceum." This was & debating club, organized about 1842, by George W.
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Julian, Neel Mccullough, and others. Its sessions were generally held in the second story of the Seminary building, and as the name indicates, in the dark. Its purpose was to improve the members in extemporaneous debate and, under the cover of darkness, it was thought that they could speak and gesticulate with greater free- dom. The "Dark Lyceum" was reorganized, in 1850, and its mem- bership increased to sixteen. The "Monroe Doctrine," the "Kan- sas-Nebraska Bill," the "Wilmot Proviso," and "Kossuth and Hun- gary" were among the great problems disposed of by its orators. The meetings were presided over by a "Premier" and every mem- ber in turn introduced some proposition and opened the debate. The care of the library and records were entrusted to a "Prelate," who also had the task of inquiring into the morals of the members. The members were often tried in solemn form for misbehavior. John F. Kibbey was indicted for marrying without the consent of the Lyceum. His act was a clear violation of Art. 1, Sec. 6, of the By-Laws, which reads: "Members are absolutely prohibited from engaging in any matrimonial alliances without first obtaining the approbation and consent of the lyceum, and having granted unto them a 'Marriage Dispensation' in due form, under the signature of the Prelate and Seal of the Lyceum. Any member convicted of wilfully violating the provisions of this by-law shall be ignomin- iously expelled, his books confiscated, and his marriage declared utterly null and void."
Prominent among the members of the "Dark Lyceum," and closely associated with Mr. Morton, were Hon. Charles H. Burch - enal and Judge John F. Kibbey. Charles H. Burchenal was born in Maryland in 1830. Removing to this county in 1841, he obtained a limited though thorough education in the public schools of Cen- terville and Richmond. He began the study of law, in 1850, under the direction of John F. Newman. Under the provisions of the Constitution, adopted in 1851, any citizen of legal age and of good moral character could be admitted to practice. Ignorant and in- competent men thus often crept into the profession, and Mr. Burch- enal was unwilling to be classed with these. He voluntarily sub- mitted to an examination by a committee of lawyers of the bar and passed their examination with credit, in 1852. In 1854 he was elected to the only office he ever held, that of district attorney of the Wayne Common Pleas Court. Quiet and unobtrusive by na- ture, he never aspired to any political fame. He was absolutely free from any fraud or sham. Gen. Benjamin Harrison said of him: "He added to fine intellectual powers a very high sense of
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