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 27

Author: Fox, Henry Clay, 1836-1920 ed
Publication date: 1912
Publisher: Madison, Wis. : Western Historical Association
Number of Pages: 576


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 27


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personal and professional honor." Mr. Burchenal died Dec. 7, 1890, leaving a large circle of personal friends.


Hon. John F. Kibbey was born in this county, m 1820. His early years were spent in study under his father, who was exceed- ingly well versed in literature. In 1845 he entered Miam Uni- versity, at Oxford, Ohio. His aspirations had always been to- wards the bar, and, in 1849, he began the study of law in the office of Oliver P'. Morton, in Centerville. After a study of two years he was admitted to the bar, in 1852, and soon afterwards formed a partnership with his former preceptor, Mr. Morton. This partner- ship was a happy combination. Mr. Morton, who had a great dis- like for all kinds of office work, was especially strong before a jury, while Mr. Kibbey's strong forte was just in such minute and close study as was required to draw up pleadings, etc. In March, 1862, Mr. Kibbey was appointed attorney-general of Indiana to fill a vacancy in that office. In 1863 he was appointed military com- mander of his Congressional district, with the rank of colonel. His duties were to raise volunteers, equip them, and control the camps until mustered into service. While acting in this capacity he en- listed over 1,900 men. At the same time that he was engaged in military duties, Mr. Kibbey was also judge of the Wayne Common Pleas Court, holding this office from 1865 until it was abolished, in 1873. In October, 1873, he was elected judge of the Wayne Cir- cuit Court, serving in this capacity until 1885. Few members of this bar had a wider and more general knowledge of the law than Mr. Kibbey, and his career upon the bench, a period of twenty years, won him distinction and honor.


Hermon B. Payne was also admitted to the bar in 1852. Ilis studies were completed under Judge Perkins and were most thor- ough. Mr. Payne always practiced his profession in Richmond, and was always regarded as a safe lawyer and a good counsellor.


Lewis D. Stubbs was admitted to the bar of Wayne county in 1857. He read law under Judge Abner llaines, at Eaton, Ohio. Mr. Stubbs graduated from the Cincinnati Law School in 1857. He was prominent in political as well as legal circles for a number of years and served several years as chairman of the County Cen- tral Committee of the Republican party.


John C. Whitridge became a member of the bar in 1858. 11e was a lawyer of more than ordinary ability and was very success- ful in his practice. In 1860 Mr. Whitridge was elected district attorney, in connection with the Common Pleas Court, and served


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in this capacity until 1864. He was extremely social by nature and was very popular with the members of the bar. Mr. Whitridge died in 1888.


Judge Henry C. Fox was admitted to the bar of this county in 1861. His legal knowledge was largely acquired under the tute- lage of the Hon. George W. Julian, in whose office he studied. Mr. Fox first settled in Hagerstown, where he practiced his profession until 1868. In that year he removed to Centerville, where he formed a partnership with Judge Peelle. He served as district at- torney of the Common Pleas Court from 1804 to 1868. Removing to Richmond, in 1873, he has since resided there. In ISTS he was elected judge of the Wayne Superior Court and served in this position until the court was abolished, in 1879. In 1896 Mr. Fox was elected as the judge of the Wayne Circuit Court and is the present incumbent in that office. Ile is a man of fine legal attain- ments and is popular in his profession.


Ilon. Daniel W. Comstock was admitted to the bar of Wayne county in 1862. He graduated at the Ohio Wesleyan University, at Delaware, Ohio, in 1860. He was first admitted to the bar of Ifenry county, in 1861, and in the following year was elected dis- trict attorney for the Common Pleas Court of the Eleventh dis- trict. In 1863 he enlisted in Company E of the Ninth Indiana cavalry and served his country with distinction until 1865, leaving the service with the rank of captain. He was prosecuting attorney for the Wayne Circuit Court from 1872 to 1874, and in 1878 was elected to the State senate from Wayne county. Mr. Comstock was also the judge of the Wayne Circuit Court from 1885 to 1896, when he resigned to accept a judgeship on the bench of the Appel- late Court of Indiana, which position he held until Jan. 1, 1911.


Thomas J. Study, Isaac B. Morris, and Abel L. Study, were admitted to the bar in 1863, and though never aspiring to political fame, labored faithfully and earnestly in upholding the dignity of their profession. The first is well known as a criminal lawyer and served a short time as the judge of the Wayne Circuit Court, in 1896, being appointed to succeed Daniel W. Comstock, who re- signed.


Mr. Morris was especially prominent in advocating Bi-Met- alism in this State and was a good speaker.


Abel L. Study was deputy district attorney under Henry C. Fox, and is an earnest, conscientious member of the profession. lle has always resided in Richmond and has never aspired to po- litical office.


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A sketch of the Wayne County Bar would not be complete without mention of three prominent soldier-lawyers, whose names are Gen. W. P. Benton, Gen. Thomas W. Bennett, and Col. W. W. Dudley. Each of these men was a valiant soldier as well as an able advocate. W. P. Benton was admitted to the bar in 1851 and at one time was a partner of Jacob W. Julian, as well as of Lewis B. Stubbs. Mr. Benton was elected judge of the Common Pleas Court in 1856 and served one term. When Fort Sumter was fired on he was the first man in Wayne county to respond to l'resident Lin- coln's call for volunteers. His record as a soldier was a brilliant one.


Thomas W. Bennett graduated at Asbury University in 1854, and first began the practice of law in Liberty, Ind. lle enlisted in 1861. on the first call for troops, and entered the service as cap- tain in the Fifteenth Indiana infantry. General Bennett took an active part in the battles of Shiloh, Arkansas Post, and Vicksburg. As a recognition of his services, President Grant appointed him governor of Idaho Territory in 1871. lle was elected mayor of Richmond, in 1877, and gave the city probably the most successful administration it has ever had. General Bennett was popular among all classes-honest and generous in all things.


Col. W. W. Dudley won fame for himself in the battles of Antietam, Fredericksburg, and Gettysburg. For his gallant serv- ices at Gettysburg he was breveted brigadier-general. Returning to this county after the war, he was admitted to the bar in 1875. His practice here was comparatively short, for he subsequently became United States Marshal of the District of Indiana. Mr. Dudley is now engaged in the practice of law in Washington, D. C.


John L. Rupe was admitted in 1868, having been a student in the office of Jacob B. Julian. In 1870 he was elected district attor- ney for the Common Pleas Court, and being re-elected in 1872, served until the office was abolished, in 1873. Mr. Rupe also served as mayor of Richmond from 1883 to 1887; he is an able lawyer.


Hon. Henry U. Johnson was admitted to the bar of Wayne county in 1872, and is a son of Hon. Nimrod H. Johnson. He was elected prosecuting attorney of the Wayne Circuit Court, in 1876, filling that position until 1880. His rise in public life was rapid and, in 1886, Mr. Johnson was elected to the senate of Indiana, where he first gained prominence as a politician. In 1890 Mr. Johnson was chosen by a large majority to represent this (the Sixth) Congressional district in Congress, and was re-elected four


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times, by large majorities, to the same high position. His record in Congress was a brilliant one. He is a fearless, though honorable, opponent, as well as a fluent and able orator.


Since 1873 the seat of justice of Wayne county has been lo- cated at Richmond. An Act of the legislature of 1869 provided that whenever fifty-five per cent. of the legal voters of any county shall petition for the removal of the county seat, such removal shall be legal, provided that the county seat shall be moved at least three miles. Such a petition was signed by 4.937 voters, on June 3. 1872, and on Aug. 15, 1873, the records were removed to the new building in Richmond. In 1890 this building was re- placed by an elegant, new, commodious structure, to which every citizen can point with pride.


Among the recent members of the bar, admitted since 1873. the following are prominent: Thomas R. Jessup. Benjamin F. Harris, Charles E. Shiveley, William Dudley Foulke, Jonathan W. Newman, John F. Robbins, Benjamin F. Mason, Arthur C. Linde- muth. Luther C. Abbott. Richard A. Jackson, Henry C. Starr, Alonzo M. Gardner, Roscoe E. Kirkman and Perry J. Freeman. Charles E. Shiveley was admitted to the bar in 1875. beginning his practice in Cambridge City, Ind. In 1880 Mr. Shiveley was elected prosecuting attorney and was re-elected in 1882. In 1894 he was elected to the State senate from Wayne county, and served four years. Mr. Shiveley is an able lawyer and a good parliamentarian.


llon. William Dudley Foulke was admitted to the Wayne County Bar in 1875. His early education was obtained chiefly in the public schools of New York City and at the Friends' Seminary. Graduating at Columbia College, N. Y., in 1869, he entered the law school of the same college and graduated in it in 1871. In the political field his services have not been without distinction. In 1882 he was elected to the Indiana State senate from Wayne coun- ty and served for four years, being retired, in 1886, upon his re- fusal to support James G. Blaine. In his practice at the bar of this county Mr. Foulke has been associated with Jesse P. Siddall and John L. Rupe. His services in behalf of Civil Service Reform have won for him a wide reputation. As an author, his works-"Slav and Saxon" and "Life of Oliver P. Morton"-have attracted much attention and favorable comment, as stated elsewhere.


John F. Robbins. Richard A. Jackson, and Henry C. Starr have won no small reputation as criminal lawyers, and have each served as prosecuting attorney of the Wayne Circuit Court. Mr. Robbins was admitted in 1876 and served as prosecuting attorney from 1884


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to ISSO. Mr. Jackson was admitted to the bar in 1879 and was elected prosecuting attorney in 1886, serving two terms, Mr. Starr was admitted in 1886 and in 1890 was elected prosecuting attor- ney.


Roscoe E. Kirkman was admitted to the bar of Wayne county in 1880 and served as prosecuting attorney from 1895 until 1899.


COUNTY AND ASSOCIATE JUDGES.


ISTO-Peter Fleming. Aaron Martin, and Jeremiah Meek ; 1812, William Harland; 1814-Peter Fleming, Aaron Martin, and Jeremiah Meck: 1815-David Hoover, Elijah Sparks, and Josiah Davidson, Free Aaron Martin ; 1817, Jesse Davenport and William Mclane; 1824. John Jones and John Scott ; 1829. Caleb Lewis and Beale Butler : 1830, Beale Butler and Asa M. Sherman ; 1837, Jesse Williams; 1839. David Hoover; 1842, James R. Mendenhall, 1845, John Beard : 1848. Abner M. Bradbury.


JUDGES OF THIE COMMON PLEAS COURT.


1852. Nimrod H. Johnson; 1858, William P. Benton ; 1860, Jeremiah Wilson ; 1805, John F. Kibbey.


JUDGES OF THE WAYNE CIRCUIT COURT.


1811-15. Benjamin Parke; 1815, James Noble; 1816, Jesse L. Holman ; 1817-19. John Test; 1819. John Watts; 1820-30, Miles C. Eggleston ; 1830-36, Charles H. Test; 1836-40, Samuel Bigger ; 1840-44, James Perry ; 1844-52, John T. Elliott; 1852, Oliver P. Morton : 1853-55. Joseph Anthony ; 1855-56, Jeremiah Smith ; 1856- 66, John T. Elliott ; 1865-72. Silas Colgrove ; 1872-73. Jacob Haynes ; 1873. George .A. Johnson ; 1873-85, John F. Kibbey ; 1885-96, Daniel W. Comstock ; 1896, Thomas J. Study ; 1896, Henry C. Fox, present incumbent.


JUDGES OF THE CRIMINAL COURT.


1867, William A. Peelle: 1867, Nimrod H. Johnson; 1869, George Holland.


JUDGES OF THE SUPERIOR COURT.


1877. William A. Bickle: 1878. Henry C. Fox.


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MEMOIRS OF WAYNE COUNTY


JUDGES OF THE PROBATE COURT.


1829-32, Septimus Smith ; 1832, David Hoover ; 1833-35. Nathan Smith : 1835-37, Almer M. Haynes; 1837-41, Stephen B. Stanton ; 1841-47. John B. Sutt: 1847-49. G. W. Whitman; 1849-52, John Curtis.


PROSECUTING ATTORNEYS.


1811-15, James Dill and James Noble; 1816, John Test ; 1817, Stephen C. Stephens; 1819, James B. Ray; 1822, James Rariden ; 1825, Oliver 11. Smith ; 1827, Cyrus Finch; 1829, Martin M. Ray ; 1830, James Perry ; 1832, William J. Brown ; 1832, Samuel Bigger ; 1833, William J. Brown; 1837, Samuel W. Parker: 1839. D. W. Macey; 1849, Martin M. Ray; 1843, John T. Hunt ; 1844, Samuel E. Perkins ; 1845, Jacob B. Julian ; 1847, John B. Stitt ; 1848, Nim- rod Il. Johnson; 1852, Joshua 11. Mellett; 1853, Silas Colgrave; 1854, William A. Peelle: 1855, E. B. Martindale ; 1856, Thomas M. Browne: 1862, James N. Templer ; 1867, John Yaryan : 1873. Daniel W. Comstock; 1876, Henry U. Johnson; 1880, Charles E. Shive- ley : 1884, John F. Robbins; 1886, Richard A. Jackson ; 1890, Henry C. Starr: 1804, Roscoe E. Kirkman ; 1898, William A. Bond; 1902, Wilfred Jessup; 1906, Charles Ladd, present incumbent. And as prosecutor of the Wayne Criminal Court, D. W. Mason served from 1867 to 1873.


DISTRICT ATTORNEYS.


1852-54, William P. Benton; 1854-56, Charles H. Burchenal ; 1856-58. Jehial Railsback ; 1858-60, John H. Popp ; 1860-64, John C. Whitridge ; 1864-68, Henry C. Fox; 1868-70, W. H. Jones ; 1870-73. John L. Rupe.


MEMBERS OF THE WAYNE COUNTY BAR.


Admitted in 1815-Amos Lane, John Lawrence, John Test, Jesse L. Holman, James Dill, William Hendricks, James Noble, Edmund F. Vawter, and Stephen C. Stephens; 1818-Miles C. Eggleston, Addison Smith, James Rariden, and D. J. Caswell ; 1819-William W. Wick, Nathaniel French, James B. Ray, and Bethel F. Morris; 1820-James Gilmore, Cyrus Finch, David Drew, Stephen Whitcher, and Oliver II. Smith; 1822-David Iliggans, lHardy, Abraham Elliott, John T. Mckinney, Martin M. Ray, and Lot Bloomfield : 1823, William R. Morris and Charles H


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WAYNE COUNTY BAR


Test ; 1824-Josiah A. Polk, James Perry, and Jones A. Miniwell ; 1826. John B. Chapman : 1827. John D. Vaughan : 1828, John S. Newman ; 1830 -- Foster P. Wright. Gustavus A. Everett, and Wil- liam J. Browne ; 1832-Abner Haines, Thomas C. Anthony, Sam- uel Bigger, and George Holland: 1833-Hugh B. Eggleston, John B. Weller, Charles Borland, John T. Elliott. Eli Murphy, Thomas Johnson, and Samuel Bascom ; 1834. William Elliott; 1835-James B. Haile, W. 11. Coombs, Andrew Hendy, Cyrus F. Dempsey, and Charles Moore: 1836, Dwight Jarvis and J. S. Hawkins; 1837- William Brumfield, James G. Green, Richard W. Thompson, -- Starweather, Samuel E. Perkins, James A. Sullivan, George B. Tingley, Edmond Johnson, John Brownler, Thomas D. Hawkins, and Elisha Vance ; 1838, Zachariah Puckett ; 1839-Jacob B. Julian, Andrew J. Harlan, Sampson Powers, John Ryman, and - Cox; 1840-Solomon Baker. William A. Bickle, James B. Sleeth, George W. Julian, and James Hannah ; 1841-David Quinn, John S. Reid, and Joseph Justice ; 1842-Jesse P. Siddall, William E. Rose, Michael Smith, and John Yaryan; 1843-Robert E. Cooper, Nimrod H. Johnson, and Neel Mccullough ; 1844-Rawson Vaile, John Il. Farquhar, George Pattison, John D. Howland, R. A. Riley, Mathew S. Ward, and Enoch P. Justice ; 1845-Lorenzo C. Dough- tery, William A. Peelle, James A. Frazer, - Holman, David B. Woods. Oliver Butler, and Dillion Bridger; 1846-Oliver P. Morton, James Long, and Thomas Means; 1847-William A. Bur- roughs, John Withrow, and Benjamin A. Claypool; 1848, Ralph Berkshire and John Curtis ; 1850, Joseph S. Buckles; 1851-Lafay- ette Develin, George Develin, John M. Washburn, Leonidas Sex- ton, and William R. Tomlinson ; 1852-Charles H1. Burchenal, John F. Kibbey, John C. Davidson, Elijah F. Estop, Robert N. Hudson, Herman B. Payne, Joseph Murphy, L. Noble, Noah W. Minor, James 11. Hunt, Henry J. Shombre, and Silas T. Cooper ; 1853- David T. Smith, William W. Tilley, Kibby Ferguson, and Jehiel T. Railsback; 1854, George A. Johnson; 1856-Fletcher Meredith, John 11. Popp, and Charles C. Binkley; 1857, Edmund B. Newman and Lewis D). Stubbs; 1858-Solomon Meredith, Alexander W. Ray, John Crum, Sylvester Ballenger, Elson Nailey, and John C. Whitridge; 1859-Francis Pruyer, Daniel M. Bradbury, Henry Garrett, and James 11. Woods; 1860-James II. McConnell, Israel Miles, William R. Halloway, Benjamin F. Beitzell, Charles H. Ray- mond. and D. W. Mason ; 1861, Henry C. Fox; 1862-George W. Potter, George Sands, John S. Miner, and Daniel W. Comstock ; 1803-William H. Watkins, Isaac B. Morris, Abel L. Study, and


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MEMOIRS OF WAYNE COUNTY


Thomas J. Study : 1864-Joseph 1. Gaus, David Moss, and William W. Woods : 1800-Jesse T. Williams, J. M. Albert, Richard S. Dru- lev. Robert @ Corboley. John S. Hawkins, and John S. Bliss ; 1807 -- 1 I' Payne, Calvin B. Walker, and 11. J. Hayward : 1868- James S. Stewart, John L. Rupe, and Augustus B. Young : 1860- R. A. Riley. William R. West. Walter March, William R. Hough. and Herman Bronson : 1870-Samuel C. Whitesell, E. M. MeDon- ald. W. T. Dennis. Samuel A. Forkner, Harrison Gabel, and Mar- tin B. Miller ; 1871, Robert B. Fletcher : 1872-Paul V. Washburn, Charles S. Ballenger, Henry U. Johnson, Thomas R. Jessup, and Almon H. Dickey ; 1873-David H. Hill, David Fouts, and John S. Underwood ; 1874-Norwood J. White, George Pomeroy, Peter W. Young, and William W. Dudley; 1875-Benjamin F. Harris, Isaac Doan, Judson Kilpatrick, Jasper Holland. Alonzo Pattey. D. C. Chipman, Charles E. Shiveley, James F. Henderson, Israel W. Gregg, William Dudley Foulke, Joseph H. Kibbey, and Jonathan W. Newman: 1876-Joseph T. Smith, G. 11. MeGrew, John F. Robbins, George W. Fee, B. F. Van Arman, and Hiram E. Moore; 1877-D. P. Whitesell. Alva Grave, Ralmajo Paige, and Perry Haines : 1878-Charles E. Boston, Marcellus L. Mclaughlin, James T. Pretlow, and Oliver II. Bogue; 1870-Joseph Ruffner, Luke 11. Wrigley, Lewis C. Morehouse. W. H. Ogborn, W. C. Ladd, Euss Thomas, John H. Mendenhall. Henry C. Rudy, William E. Cox, E. P. Ferris, and Richard A. Jackson: 1880-Luther C. Abbott, George S. Needham, Thomas E. Mott, Elias E. Post, and John R. Steever ; 1881-John T. Deal. Charles S. Leeds. Albert Baker, and Isaac H. Pedrick ; 1882-Malcolm Jackson, David W. Dennis, and Charles G. Offert; 1883, Walter O. Frazer and Jacob R. Penland ; 1884. James W. Nichols; 1885-Frank C. Kibbey, Perry J. Free- man, and A. E. Woolput; 1886-Alonzo M. Gardner, Henry C. Starr, and John M. Lantz ; 1887, William C. Bernhardt ; 1888, Wil- liam J. Strayer ; 1889-Roscoe E. Kirkman, W. J. Capeller, Jesse E. Beeson, and Aaron M. Waltz: 1890-J. W. Jackson, William A. Bond, and Lynn E. Kepler : 1892, Llewllyn B. Jackson ; 1893- Frank C. Roberts. W. C. Converse, Frank S. Lamar, and Charles M. Fouts ; 1894. J. F. Nixon ; 1896-Everett A. Richey. W. A. Med- sker, Roy W. White. William 11. Kelley, and Jesse R. Reeves ; 1898. Robert W. Randle. Since 1900 a number have been admitted to the Wayne County Bar and at the present time the following are members. They are arranged according to the order of their admission : Daniel W. Mason, Cambridge City: Henry C. Fox, Richmond : Daniel W. Comstock, Richmond ; Thomas J. Study,


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WAYNE COUNTY BAR


Richmond : Abel L. Study. Richmond; John L. Rupe, Richmond ; Wilham F. Medsker. Cambridge City; Henry U. Johnson, Rich- mond; Thomas R. Jessup. Richmond ; Benjamin F. Harris, Rich- mond; William 1. Folke, Richmond ; Charles E. Shiveley, Rich- mond : Jonathan W. Newman, Richmond ; John F. Robbins. Rich- mond : Benjamin F. Mason, Hagerstown: Arthur C. Lindemuth, Richmond ; Luther ( Abbott, Richmond ; Perry J. Freeman, Rich- mond ; Henry C. Starr, Richmond ; Alonzo M. Gardner, Richmond ; Roscoe E. Kirkman, Richmond; William A. Bond, Richmond ; Frank M. Conner, Richmond, Arthur A. Crume, Jr., Richmond ; William 11. Kelley. Richmond; William A. Medsker, Cambridge City: Paul Comstock. Richmond; Robert L. Study, Richmond ; Alonzo R Beemster, Cambridge City; Wilfred Jessup, Richmond ; Ray K. Shiveley, Richmond : John C. Dodson, Cambridge City ; A. C. Hlucy, Richmond ; George W. Conrad, Richmond ; William C. Dennis, Richmond; Byram Robbins, Richmond ; Walter 1). Cook, Centerville ; Charles Ladd. Richmond ; Joshua Allen, Hagers- town; Everett R. Lemon, Richmond : Joseph C. Burgess, Fountain City; Harold C. Burton, Greensfork; Gath Freeman, Richmond ; Charles O. Williams, Williamsburg; Carmon Sells, Hagerstown ; Clifford C. Bradbury, Richmond ; Orange S. Harrison, Richmond ; Willis D. Stoner. --; Will W. Reller, Richmond ; Frederick G. White, Whitewater; Gustave H. Hoelscher, Richmond ; and Den- ver C. Harlan, Richmond.


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