Past and present of Tippecanoe County, Indiana, Volume I, Part 27

Author: DeHart, Richard P. (Richard Patten), 1832-1918, ed
Publication date: 1909
Publisher: Indianapolis, Ind. : B.F. Bowen
Number of Pages: 580


USA > Indiana > Tippecanoe County > Past and present of Tippecanoe County, Indiana, Volume I > Part 27


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 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48


.


Many of the early attorneys who practiced here came from remote parts of the state and, like Lincoln and Douglas, of Illinois, traveled sometimes on horseback, sometimes alone and sometimes in squads, who went around the entire judicial district or circuit. To witness a band of these traveling


(18)


274


PAST AND PRESENT


attorneys before the days of railroads, telegraphs, or even ahead of the old canal and turnpike roads, was a sight long to be remembered. As they entered the little village or county-seat town, with their horses bespattered with mud and their huge port-manteaus surmounted with overcoat, umbrella and other toggery, they resembled the forlorn hope of a mounted ranger. entering upon some daring and almost hopeless charge, or of a caravan emerging from an oriental desert, blackened with heat and dust-covered. But these men had brains and hearts, many of them even greater than the average barrister of the twentieth century possesses. Many of their names have, for long years, shone forth with a brilliancy seklom seen as emenating from the cozy law schools and tasty carpeted offices of today. Their long rides on horseback, along blind paths and dimly defined roads, crossing unbridged and angry streams. sleeping in the open air, as they frequently had to do, and leading colts and driving steers home, taken on fees, fully developed their physical and intellectual energies. and gave them a vigor and self-reliance possessed by but few of our more modern law students, who have been in the habit of reciining on soft cushioned seats and stepping from the carpeted court chamber into an electric car or Pullman sleeper in which they are transported to their homes.


To prove to the reader that such hardships made men of great worth, it only need be added that from the circuit-riding attorneys who came here to plead their cases, six were afterwards chosen to fill the bench, viz. : Bvrant, Pettit. Wallace, Huntington, Law and Ingram ; nine were elected representa- tives to congress-White, Pettit. Hannegan, Blake, Raridon, Law, Lane, Wallace and Smith. Three of them-Albert S. White, John Pettit and Edward A. Hannegan-were elected to the office of United States senator. Joseph A. Wright served two terms as governor of Indiana, and was minister to Berlin. David Wallace was also governor one term and elected to a seat in congress-later becoming judge of the court of common pleas in Marion county. Thomas H. Blake was commissioner of the land office at Washington under President Tyler. John Pettit became chief justice of the supreme court of Kansas. And so on down through the list, a majority of these men made their mark in the world and lived for a noble purpose. Indeed they were diamonds in the rough.


The attorneys of Lafayette, up to 1831, consisted of Joseph Tatman, Joseph Cox, Andrew Ingram, David Patton, Moses Cox, Albert S. White, William M. Jenners, Thomas B. Brown, Aaron Finch and John Pettit.


In 1832 came Rufus A. Lockwood, then in the prime of his young man- hood, and formed a law partnership with A. S. White, became an eminent


275


TIPPECANOE COUNTY, IND.


lawyer, went to Chicago and from there to California during the wikl excite- ment of gold discovery days. There on the Pacific coast he became one of the prominent lawyers of that country. While on his return trip to Lafayette with his family he was drowned in the wreck of the vessel in which he was sailing. Within this chapter a sketch of Mr. Lockwood is given, for the purpose of showing what kind of men the early barristers were.


The entire state of Indiana at that early time was considered as one vast circuit, and the pioneer lawyer, like the Methodist minister, encountered all the rough and ludicrous experiences of a new country. Hence it is found that Lafayette had many lawyers in attendance on hier courts from one time to another. These came from Indianapolis, Terre Haute, Vincennes, Con- nersville. Rockville, Covington, Williamsport. Crawfordsville, and other points.


The attorney. Rufus A. Lockwood, already mentioned as having been drowned enroute from California, was, perhaps, among the most remarkable and eccentric of his profession in this locality.


Hon. Daniel Mace-the most plausible of gentlemen-filled many high positions. He was elected to congress twice, and was instrumental in bringing about the nomination of Andrew Johnson for Vice-President, for which he was rewarded by him with the postoffice at Lafayette: and, sad to record. while in office, he committed suicide.


Hon. John Pettit possessed great native ability, was United States sen- ator, chief justice of Kansas and served one term on the supreme bench of Indiana, dying in 1877.


Hon. Albert S. White, an excellent lawyer, a fine scholar and a dignified gentlemen of the old-school type, was several terms in congress and at his death, in 1864, was holding the office of district judge of Indiana.


Samuel A. Huff. for many years a prominent lawyer of Lafayette, but later of Indianapolis, in 1837 was elected a member of the house of repre- sentatives of Indiana, and subsequently served as judge of the circuit court.


From 1845 to 1875. Zebulon Baird ranked among the leading lawyers in this county as well as in the state. He was a brainy, classical character, well posted man and devoted to his chosen profession.


Another lawyer was Robert C. Gregory, who possessed much industry, and held the esteem of all in this county. He was promoted to the supreme bench of Indiana, serving six years. Died. 1885.


John L. Miller, who was one of the most active workers at the Tippeca- noe bar, served one term in the state legislature and was postmaster at Lafayette under President U. S. Grant's administration.


276


PAST AND PRESENT


Thomas B. Ward practiced here for a few years and then moved to Washington, District of Columbia, where he died in 1890.


Another of the lawyers who forged his way to the front rank and was finally counted among the honorable statesmen of Indiana, was Hon. Godlove S. Orth.


James R. Carnahan, who was the prosecuting attorney of this county at one time, was made captain of a company in an Indiana regiment during the Civil war period, and later removed to Indianapolis.


William B. and Robert Gregory. Frank W. Coombs. A. McMillen and Edward H. Brackett, attorneys of Lafayette, removed to other sec- tions of the country, and many have since died. The last mentioned lawyer was. at one time. a partner of Mr. Orth, and was known as the "exhaustive lawyer."


Others of considerable ability and genial in all their manners were Alva Parsons and Henry F. Blodgett, both long since deceased.


Hiram W. Chase succeeded to the extensive practice of Rufus A. Lock- wood. before mentioned. His practice commenced in 1850 and continued many years, he being among the real stalwarts of his day and generation at the bar of this section of the state. He died in 1889.


From 1850 to 1876. John A. Wiltsach was the junior partner of Mr. Chase. He also devoted much time to literary pursuits and was fond of old relics ; he was excellent in local history.


David P. Vinton practiced at the courts of this and adjoining counties from 1860 on for many years, was in active practice in the eighties. He was elected to the office of judge of the court of common pleas-he being the first to hold such office within Tippecanoe county. Later, he filled acceptably and well the office of judge of the circuit court. Died, February 23, 1895, aged sixty-seven years.


John M. LaRue, well known at the bar of this county, served as member of the Indiana legislature, one term as senator and one term as judge of the common pleas court. He died in 1906.


Mark Jones devoted many years of his professional life to the probate business, in which he was very successful. Later he retired on account of advancing years. Died, 1891 ; was a district judge.


Sanford C. Cox filled no public office save that of county recorder. By nature he was of a literary turn of mind and loved good books. He was noted somewhat as an author of one volume of poems and two more of prose. His historical book entitled "Recollections of the Early Settlement of the Wabash Valley," is still looked upon by historians as interesting and good


TIPPECANOE COUNTY, IND. 277


authority on subjects concerning the settlement and early manners and cus- toms of the people of this valley, so replete with pioneer and Indian history. Among the ablest jurists at this bar was William C. Wilson.


A list of the men practicing here in 1878 gives the following: John R. McCoffroth, who was several times in the Indiana legislature. Thomas B. Ward, judge of the superior court, held numerous official places, including that of mayor of Lafayette.


Godlove O. Behm, another lawyer, also held office, including assessor of internal revenue in the eighth district of Indiana.


W. DeWitt Wallace gained a high standing at this bar, especially on account of his energy and persistency, which traits always win in the great battle of life, no matter in what role one labors.


John A. Stein, another lawyer, should not be omitted in this connection, for he was an ideal man and attorney. He also served his district in the state senate, to which body he was elected in 1866. He died in 1885.


Frank B. Everett, of the law firm of La Rue & Everett, was a careful and honorable member of the bar.


Robert P. Davidson was long numbered among the trustworthy men of the Indiana bar and stood high in all quarters of the state, both for ability and high fraternal honor among brother lawyers. He was in the Indiana legislature in 1871 and was judge of the court of common pleas. He died in April. 1909.


WHEREABOUTS OF OTHER MEMBERS OF THE BAR.


John S. McMillen quit practice and moved to one of the western states. Charles Enderton went west in 1883.


Thomas B. Miller quit practice in 1884 and died in 1903.


Harry Yount quit practice and engaged in the newspaper business.


Arthur B. Westfall left the legal and took up the medical profession.


M. W. Miller quit practice of law in 1885 and retired. He is now the professor in history in the Lafayette high school.


William F. Bechtel left the profession and engaged in the insurance business in Minnesota.


William F. Stillwell quit law and embarked in the lumber business at Lafayette.


Hugh Crawford retired from the law and moved to California.


George W. Collins went west in 1885.


-


1


278


PAST AND PRESENT


John Burleigh moved west and quit the law practice in 1885, and removed to Maine.


Samuel Huff went west in 1885.


Orlando McConnehey removed from this county in ISS5 and died in 1904.


Francis Price moved to Kansas in 1886 and was elected circuit judge.


John Roseberry went to Texas and there committed suicide.


Elwood Mead quit practice in 1886 and moved west. Later he became a high grade civil engineer and was engaged in China, where he lost an arm.


Eugene Everett retired from law practice and engaged in farming in Benton county, this state.


Charles D. Jones. prosecuting attorney, moved to Kansas in December, 1885.


Walter A. Powell moved west in August, 1885; was a prosecuting attorney.


Col. Godlove O. Behm was district attorney in 1887.


Jolin Beasley was drowned in July, 1888, aged thirty-eight years.


James T. Davidson removed to Boston, Massachusetts, 18SI ; he was a prosecuting attorney and died in 1903.


James Jefferson quit law practice and moved to Illinois in 1889, and last known of was in the insurance business at Springfield.


Col. John Miller died in 1889, aged about sixty-four years.


John M. La Rue, Jr., died in 1888, aged about twenty-eight years.


Bert Davidson died, aged twenty-nine years, in November, 1889.


A. K. Aholtz quit legal practice and moved to Chicago in 1890, and connected himself with the Pullman Palace Car Company.


Jolin C. Davidson moved to Chicago in July, 1901.


Col. William C. Wilson died September 25, 1891. aged sixty-three years.


Joy H. Adams went west in March, 1891 ; killed in a railway accident ten years later.


Thomas A. Stewart died August 6, 1892, aged thirty-eight years.


Walter A. Smalley went to Colorado and from there to New York City where he engaged in newspaper business.


Captain J. Park died June 13, 1895, aged sixty-five years. Charles Stuart died in 1901.


William C. Dailey moved to Indianapolis in 1897 ; died there, 1907.


Col. W. C. L. Taylor died 1900; was a circuit judge.


H. DeWitt Wallace died 1900.


E. A. Greenley died 1903.


279


TIPPECANOE COUNTY, IND.


Charles Bright died in Colorado in 1907. having moved there in 1903.


George J. Eacock moved to Oklahoma City, where he is still practicing law.


Robert Jones was judge in 1899.


Capt. William Bryan died, aged seventy-three years, in 1904.


Jolin Davis. moved to Chicago in 1897.


Thomas Ward, superior judge, congressman, mayor of Lafayette, city attorney. died 1890.


Andrew J. Roush died in 1907.


Harvey Rouch moved to Chicago in 1903 and is now farming in North Dakota.


John M. La Rue died in 1906.


Daniel E. Storms, secretary of state for Indiana, moved to Nevada in 1906.


Albert R. Caldwell died in 1907.


Joseph Eacock was sent to the penitentiary in 1905 and went to Texas in 1908.


Eben Bailey quit practice and moved to Texas in 1904 and became a fruit farmer.


Richard Erbanks moved west in April, 1901.


Robert P. Davidson died April, 1900. He was about eighty years of age and greatly beloved by all who knew him.


PRESENT MEMBERS OF THE BAR.


In the summer of 1900 the following were practicing law in Tippecanoe county and many of the number are represented by a biography herein :


Baird. Rochester,


Kimmell. Frank.


Baird, Samuel P.,


Kumler, Richard N.,


Bedgood. Russell K.,


Kimler & Gaylord,


Behm. Orth A.,


Lake. Charles E ..


Langdon, Byron W.,


Boulds, Allen, Caldwell & Caldwell.


MeHugh, John F.,


Chamberlin, George B.,


Mitchell. William C ..


Collins, Edgar G.,


Parks, George D ..


Cooper, Edward C., Crockett. Will M.,


Randolph, Edgar D ..


Ross. Joseph B ..


Cunningham. Arthur D., Cunningham, Jacob B.,


Quinn, Martin A ..


Severson, Wilbur F ..


280


PAST AND PRESENT


Dresser, William A.,


Snideman, Harry,


Everett, Thomas,


Stallard & Son,


Field, Thomas W ..


Stuart, William V.,


Flanagan, Daniel P.,


Simms, Dan W.,


Gougar, John D ..


Thompson, Charles C ..


Haywood, George P ..


Wilson, DeWitt C.,


Hammond, Edwin P.,


Wilstach, J. Walter.


Henderson, Charles H ..


Wood. Will R.


Hennegar, William H ..


Many of the members of the present bar of this county are represented in the biographical section of this work, by personal histories.


A PIONEER LAWYER OF LAFAYETTE.


When Rufus A. Lockwood first came to Lafayette he was yet quite a young man. He formed a partnership with A. S. White, and it was not long before the young barrister had an opportunity of showing his talents, which, like sparks of smitten steel, needed intellectual attrition to elicit them in all their sparkling brilliancy. The firm of White & Lockwood were engaged to defend John H. Frank, indicted for the murder of John Woods, which occurred in an affray growing out of an election bet. All looked to Mr. White as the man who would certainly lead in so important a case as trying a man for his life. But, knowing the ability, tact and energy of his young partner, who up to that time had not been properly appreciated, he determined to give him a chance to make his debut before the public as an advocate. Throughout the protracted trial. which was prosecuted with marked ability, Lockwood exhibited a research and depth of thought beyond the expectations of all who heard him. But his main speech in defense of his client, the prisoner, which occupied two full days in its delivery, exhibited his giant intellect in all of its gigantic form, and at once raised him to the rank of one of the ablest advocates in this or in any other country. The prisoner was acquitted. Lockwood's fortune was made. His speech, in this case, was published and, by many good judges, has been pronounced equal to the best efforts of those more distinguished advocates, whose speeches have been published as models of forensic eloquence. For many years he carried on an extensive practice in Lafayette, and in all the courts of Indiana. Soon after the discovery of gold in California, he, with many other eminent attorneys from this and other states, sought the newly discovered El Dorado, which promised a new theatre, where they might win golden laurels and at


RUFUS A. LOCKWOOD


281


TIPPECANOE COUNTY, IND.


the same time secure nuggets of pure gold. Mr. Lockwood soon secured a lucrative law practice in the city of San Francisco. He was called upon to defend a prisoner, who rested under the ban of the self-constituted vigi- lance committee. who had wrested the administration of the law from the hands of the legally constituted authorities of the state of California, and were meting out life and death to the accused to their caprice, or the hasty. ill-digested evidence produced before their clamorous court, which was se- lected from the heterogeneous mass of citizens who chanced to be present at the trial. Lockwood loudly denounced this wanton assumption of power on the part of the committee, and demanded a fair trial for the prisoner. The power and popularity of the committee were then in their zenith. They insolently demanded the prisoner of the sheriff. and threatened personal violence to Lockwood if he persisted in his demands for a legal trial of the prisoner. He hurled defiance at these "lawless bloody inquisitors," as he boldly called them, and warned them, in return, that unless they ceased from their "mobocratie" murders, he would soon have them dangling on the limbs of trees, as high as ever they had swung the victims of their lawless violence. Judge Lynch's sheriffs, bailiffs and posse hovered around to grab this lone defender of the law and the right. but the sight of the revolver and the bowie knife which peeped through his own belt that encircled his stalwart form. caused them to shrink back without executing their designs, and the legal Hercules, clad in the canopy of the law, like Martin Luther and William Tell. withstood the brawling mob, and displayed a physical and moral courage that challenged the admiration of his most inveterate foes. Such lofty heroism presents a sublime spectacle happily illustrated by Goldsmith's beautiful lines :


"Like some tall cliff that rears its towering form, Swells from the vale, and midway leaves the storm : Though round its breast the rolling clouds are spread. Eternal sunshine settles on its head."


From that hour the power and influence of the California vigilance com- mittee began to wane, and in a short time law and order resumed their sway in the Golden state. Lockwood's character for nerve and legal attain- ments spread far and wide, and he had his choice of sides in many important cases at law. which yielded him both money and professional character.


After the discovery of gold in Australia, he left San Francisco and sought that far-off modern Opher, in quest of adventure and the glittering


282


PAST AND PRESENT


metal. Soon after his arrival there he was called upon for a Fourth of July oration, which he delivered with his wonted fervid eloquence, and produced quite a sensation among all who listened to it. Her Majesty's officers, some of whom listened to his speech, on looking over the map of the world, and seeing the immense distance Australia lay from the little island where her Majesty's throne was situated, thought it not best to let such inflammatory speeches be made, fearing that a Cataline might be ensconced in the habili- ments and character of a Yankee lawyer, which they called him, who might raise a rebellion that would wrest the island from the paw of the British Lion. Not wishing to excite a hubbub among the loyal subjects of Her Imperial Majesty, he quietly retired from the crowded part of Melbourne to a rural retreat, where he hired to a farmer to attend a flock of sheep, where, in the employment of a true shepherd, he "watched his flocks by night and by day," no doubt on the primitive plan, for the period of one year. After fulfilling his engagement as a shepherd, he laid aside his crook, doffed his shepherd frock, and returned to San Francisco, where he again took up the practice of law. He was soon employed by General John C. Fremont, in his great land suit for his Mariposa gold mine. He gained the case for Fremont, for which he was to receive one hundred thousand dollars. Soon after gaining this important suit, he embarked, with his family, to return to his old home in Lafayette, Indiana, on board the ill-fated steamer "Central America," which was wrecked on the ocean between Panama and New York, and the gifted and lamented Lockwood, with more than three hundred passengers, found a watery grave. His wife and children were saved by the generous and magnanimous Captain Herndon, who preferred to perish him- self with the wreck, rather than lose any of the women and children entrusted to his care.


Thus ended the brilliant, exceptional career of one of Lafayette's early- day lawyers.


Concerning Mr. Lockwood's family it should be stated that he had a wife and eight children-five sons and three daughters, of whom only two are now living, Alice, of Joplin, Missouri, and Rufus A., Jr., of Lafayette, who was thirteen years of age when his father was drowned. The son has eight children born to himself and wife, and in all, the great-grandchildren of the attorney Lockwood number now sixteen.


PURDUE UNIVERSITY


Mechanical Engineering Laboratory


Main Entrance


CHAPTER XIII.


PURDUE UNIVERSITY.


Purdue University ranks high among the great educational institutions of this country. It was organized under the act of congress, passed July 2, 1862. "to donate public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts." 1 long-desired want was foreshadowed, and the means appropriated whereby the advantages of an educational system adapted to the process of developing those elements of knowledge which especially appertain to the agriculturist and mechanic, were ultimately to be utilized.


The fundamental idea which gives form and practicability to the method proposed, assumes that the granting to each state an amount of public lands equal to thirty thousand acres for each of her senators and representatives in congress, a fund is provided sufficient, by the application of the proceeds, to meet every prospective want. The appropriation contemplates the use of land scrip in states where there is a deficiency in the quantum of public lands, in lieu of and representing the equivalent acreage. Under this arrangement, Indiana is entitled to and received her donation in scrip. amounting to three hundred and ninety thousand acres. The proceeds of this scrip are required to be invested in stocks of the United States, or other safe stocks, yielding no less than five per centum on their par value. The fund thus created shall be perpetual, the capital of which shall remain forever undiminished, the interest of which shall be inviolably appropriated by the state to the endow- ment, support and maintenance of at least one college; the leading object of which shall be, without excluding other scientific and classical studies. and including military tactics, to teach such branches of learning as are related to agriculture and mechanic art. in such a manner as the legislature may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.


Should any portion of the capital fund thus provided for, or any interest thereon, by any contingency be diminished or lost, such deficiency shall be supplied by the state. so that the capital of that fund shall remain forever undiminished, and the annual interest shall be applied to the purchase, erec- tion and preservation or repair of any building.


284


PAST AND PRESENT


The second act of this bill was that, "Any state which may take and claim the benefit of the provisions of this act shall provide within five years, at least, not less than one college, as described in the fourth section of this act, or the grant to such state shall cease; and said state shall be bound to pay the United States the amount received of any lands previously sold. and that the title to purchase under the state shall be valid."


The state of Indiana, by an act approved March 6, 1865, obligated itself as follows :


"The state of Indiana accepts and claims the benefits of the provisions of the acts of congress, approved July 2, 1862, and April 4, 1864, and assents to all the conditions and provisions in said acts contained."


Following this acceptance a board was organized for the management of this fund. Said board was known as the "Trustees of the Indiana Agri- cultural College." and it first consisted of the following men: Governor Morton, (ex-officio) president ; Alfred Pollard, of Gibson: Smith Vawter, of Jennings : Henry Taylor, of Tippecanoe county, and Lewis Burke, of Fort Wayne. Prior to the first meeting of the board held October 20, 1865, Mr. Pollard removed from the state, and Isaac Jenkinson, of Allen, was elected his successor. John J. Hayden, of Marion, was elected secretary of the board, and James E. Reeves, of Wayne, treasurer. The last named resigned May I, 1866, and was succeeded by E. B. Martindale, of Indianapolis. This board then remained unchanged until March 7, 1870.




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.