USA > Indiana > Adams County > Standard history of Adams and Wells counties, Indiana : An authentic narrative of the past, with an extended survey of modern developments in the progress of town and country, Volume I > Part 13
USA > Indiana > Wells County > Standard history of Adams and Wells counties, Indiana : An authentic narrative of the past, with an extended survey of modern developments in the progress of town and country, Volume I > Part 13
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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
The list was virtually the same, which was drawn by the County Board in January of the following year and represented the jurors who were to serve at the spring term of the Circuit Court ; it would be difficult to go far outside of that list, as it stood for substantially the citizenship of Adams County in 1836-37.
THE CIRCUIT AND PROBATE COURTS
Little is known of the first judges who presided over the Cirenit Court, as they were "foreigners," most of the cases-which were few indeed, in the very early times-being tried or settled out of court by the associate judges. The court had been organized under state laws in 1835, provision having been made for two associates; local men of character, but not necessarily of legal education, who should cooperate with the presiding judge in the adjudication of matters which espe- cially affected their county. The Probate Court was created in the fol- lowing year (1836), and these bodies were therefore already made when Adams County was organized. In 1852, under the new consti- tution, the Probate Court was abolished and its business transferred to the Court of Common Pleas. That body was legislated out of existence in 1873, since which year the Circuit Court has had almost the sole responsibility of guarding the scales of justice in Adams County.
During the early years of the county's history lawyers frequently came to practice at Decatur from Fort Wayne, and later from Bluffton and Portland, Jay County. They followed the circuit and picked up any erumbs of business which might be gathered.
PIONEER RESIDENT LAWYERS
Beatty MeClellan may be called the first resident lawyer of Adams County ; but he only remained a few months. He came to Decatur from Greene County, Ohio, and taught school as well as took what law practice he could find; but even both fields did not yield him
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enough for a livelihood, and he soon departed for the older and more settled town of Winchester, Randolph County.
William A. Bugh and William W. Corson located at Decatur in 1848 and left in 1851. They appeared to have been lively young men, for during the few years of their stay in the community they were elected to the office of prosecuting attorney, and Mr. Bugh was a can-
DAVID STUDABAKER
didate for the Legislature. He moved to Wisconsin and Mr. Corson returned to Fort Wayne.
W. G. Spencer practiced law from 1849 to 1860, then was elected county auditor for two terms of four years each. Afterward he engaged in the hardware business.
DAVID STUDABAKER
David Studabaker studied law with Judge Jacob Haynes, of Port- land, and in June, 1852, chose Decatur as his first location for practice.
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He practiced continuously for thirty-one years, longer than any other attorney. During that period he was associated with James R. Bobo and John P. Quinn, both of whom were formerly students in his office. In 1852 he was elected prosecuting attorney for the district comprising Adams and Allen counties, serving as such two years; in 1854 was chosen a member of the Legislative House of Representatives for Adams County, and re-elected in 1856. He represented the district comprising Adams, Allen, Huntington and Wells counties in the State Senate for the session commencing 1868, and in the following year became identified with the building of the Cincinnati, Richmond & Fort Wayne Railroad (the forerunner of the Grand Rapids & Indi- ana). The last years of his life were mainly devoted to banking, and he was for a long time president of the Adams County Bank.
JAMES R. BOBO
James R. Bobo, who served as circuit judge in 1876-88, lived in Adams County from boyhood until his death at the age of sixty-two. In 1860, after having studied for two years in the law office of David Studabaker, he was admitted to the bar of the Adams Circuit Court. The county board chose him school examiner in 1862 and he held that position four years, when he resigned to serve as a representative in the lower house of the State Legislature. In 1870 he was elected to the upper house, and in 1876 commenced his twelve years of service as circuit judge. His death occurred on June 4, 1901.
DANIEL D. HELLER
Daniel D. Heller was admitted to the bar three years after Judge Bobo. He located first at Millersburg, Ohio, but located at Decatur in 1867. and there he has since resided-for a large portion of the fifty years in active practice. In 1872 he was appointed school examiner and by the act of the Legislature of 1873, which created the office of county superintendent, was made the first to hold that office in Adams County. But his eloquence and general ability as an advocate and a lawyer had won him such a practice in 1874 that he resigned the super- intendency to devote all his time to the practice. He was elected mayor of Decatur in 1885 and served as such until 1888, when he was nominated for the circuit judgeship, and, like his predecessor, Judge Bobo, served with credit for twelve years. He then formed a partner- ship with H. B. Heller, his son, who was prosecuting attorney of the Twenty-sixth Judicial Circuit in 1906-13.
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It was during Judge Heller's term of office as circuit judge that the first regular court reporter was employed. Miss Adda Snow was the first incumbent of that office and held it for eight years.
RICHARD K. ERWIN
Richard Kenney Erwin, who succeeded Judge Heller on the Circuit Bench in 1900, was born in Adams County (Union Township), July 11, 1860, one of ten children and the second of six sons. He reached the period of his youth on the old homestead farm, but as his district school edneation had been supplemented by a short course at the M. E. College at Fort Wayne he commenced to teach before he was twenty. After a short experience in that line in Allen County, he returned to Adams and taught for six years in his home county-that is, during the months when his time was not taken with farm duties. In 1886, after serving a short time as justice of the peace, he began the study of law in the office of France & Merryman, and was admitted to the bar at Decatur in the spring of 1887. He at once engaged in practice and the solid standing which he earned as a lawyer caused his elevation to the bench as Judge Heller's successor.
JAMES T. MERRYMAN
James T. Merryman, the predecessor of Judge David E. Smith on the Adams Circuit Bench, has been a prominent practitioner and eiti- zen of Decatur for nearly forty years. He is a native of Washington Township and is therefore doubly entitled to a record in this chapter. When a young man he served as deputy elerk of the Circuit Court and as deputy sheriff, and afterward had a short banking experience prior to the study of the law. In 1881 he took up the active practice of his profession and in the following year was elected the first mayor of Decatur. Judge Merryman formed professional partnerships with such members of the bar as Edgar N. Wieks, William J. Vesey. John T. France and Jesse C. Sutton. Ile was elected judge of the Twenty- sixth Judicial Circuit in November, 1906, and during his term of service acquitted himself with his customary ability.
THE ASSOCIATE AND PROBATE JUDGES
The associate judges of the Circuit Court who served Adams County were as follows: William Elzey and T. Hooper, 1838-42; John K. Evans and Ezekiel Hooper, 1842-49; William Stockham and E. A. Bunner, 1849-51.
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The probate judges were: Jacob Barks, 1837; James Crabs, 1839; Robert D. Tisdale, 1840; Joseph Martin, 1841; Alvin Randall, 1842; David Showers, 1849-51.
CIRCUIT AND COMMON PLEAS JUDGES
Among the best known who have served the Circuit and Common Pleas Courts in Adams County are the following: E. A. McMahan, Circuit, and James W. Borden, Common Pleas, 1852; Joseph S. France, Common Pleas, 1859; David Studabaker, Common Pleas, 1868; J. M. Hayes, Common Pleas, 1869; Robert Lowery, Circuit, 1870. Judge Lowery was on the Circuit Bench when the Common Pleas Court was abolished, and his successors have been as follows: J. R. Bobo, 1876; D. D. Heller, 1889; R. K. Erwin, 1900; J. T. Merry- man, 1906; David E. Smith, 1912.
PROSECUTING ATTORNEYS
The prosecuting attorneys of Adams County have been as follows: R. J. Dawson, 1843; E. A. McMahon, 1845; William A. Bugh, 1848; William W. Corson, 1849; James B. Simcoke, 1851; John MeConnell, 1852; James L. Worden, 1853; E. R. Wilson, 1854; W. G. Spencer, 1855; William Smith, 1857; J. H. Shell, 1858; W. S. Smith, 1860; James H. Shell, 1862; B. F. Ibaugh (for Common Pleas Court) and Joseph W. Dailey (for Circuit Court), 1868; J. R. Bittenger (Com- mon Pleas), 1872. The Common Pleas Court was abolished in 1873 and since that year the duties of the prosecuting attorney have been confined to the Circuit Court. The incumbents of the office since have been as follows: J. W. Dailey, 1874; Joshua Bishop, 1876; L. I. Baker, 1878; John T. France, 1880; E. G. Vaughn, 1884; Richard Hartford, 1888; George T. Whittaker, 1890; Richard Hartford, 1892; David E. Smith, 1896; John C. Moran, 1900; Henry B. Heller, 1906; J. Fred Fruchte, 1914-
OTHER EARLY LAWYERS
As stated, James R. Bobo studied law in Judge Studabaker's office. He commenced the practice of his profession at Decatur in 1860 and devoted himself to it continuously until 1877. He then assumed the office of circuit judge, to which he had been elected in the preceding year and served two full terms of six years each. Judge Bobo had already served in both houses of the Legislature and was always con-
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sidered among the ablest and most honored members of either the bench or bar.
Forty years ago the following was recorded: "Robert S. Peter- son, the oldest attorney now regularly devoted to the profession, who read law with Mr. Studabaker; John T. France, Daniel D. Ileller, E. A. Huffman, Paul G. Hooper, J. T. Merryman, Elias G. Coverdale, Jay Dorwin, John T. Bailey, Judson W. Teeple, Clark J. Lutz, L. C. Devoss, J. F. Mann, J. E. Thomas, Philip L. Andrews and J. Fred France-all of Decatur. At Geneva, in the south part of the county, is P. B. Manley and William Drew."
CHARLES M. AND JOHN T. FRANCE
The Frances, father and son, were both early practitioners at De- catur. Charles M. France, the elder, a Vermonter, came to Adams County as a young man, and after engaging in farming operations for a number of years read law, was admitted to the bar and in 1868 commenced practice at Decatur. He was associated with his son, John T., for several years before he moved to Bluffton (1879).
John T. France was reared and educated in Decatur. For a time after graduating from the high school he taught school, then studied law in his father's office, was admitted to the bar in 1875 and at once began practice as a member of the firm France, Miller & France. The partnership afterward became France & Son, and after the senior member moved to Bluffton John T. associated himself in practice with several well known members of the local bar ; among them, with J. T. Merryman. In 1876-77 he had served as deputy prosecuting attorney under Joshua Bishop, of Jay County, and in the fall of 1880 was elected prosecuting attorney of the Twenty-sixth Judicial Circuit com- prising the counties of Adams, Jay and Wells. In 1882 he was re- elected for a second term. During his service as prosecuting attorney he tried several murder cases, perhaps the most noted being that of 1883, entitled the State vs. Fred Richards and Charles Werst. Both defendants were found guilty and sent to the penitentiary. After a long and wearing trial in one of the defaleation suits against the ex- county treasurer, he had a physical collapse which resulted in his death, November 12, 1899, at the comparatively early age of forty- six years.
TEN YEARS AGO AND NOW
In 1907 Robert S. Peterson, the veteran attorney of the county, was still living, although he had practically discontinued active work.
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At that time Judson W. Teeple, Clark J. Lutz, Shaffer Peterson, Paul G. Hooper and D. D. Heller had been engaged in practice at Decatur for more than twenty-five years. Others of the old practitioners had died or moved away. Among the deceased were Jeremiah Manley, John Bailey, Elias Coverdale, E. A. Huffman and David Studabaker. Those who resided in other localities: C. M. France, at Van Wert, Ohio; J. F. Mann, Anderson, Indiana; J. E. Thomas, Cardwell, Missouri; J. Fred France, Huntington, Indiana; P. B. Manly, Marion, Indiana; P. L. Andrews, identified with the Decatur Journal (now editor of the Herald).
At the present time, the leaders of the Adams County Bar may be named as follows. Clark J. Lutz, Paul G. Hooper, J. T. Merry- man, Shaffer Peterson, John C. Manan, Dore B. Erwin, Jesse C. Sut- ton, Henry B. Heller, Lewis C. DeVoss, E. Bert Lenhart, R. C. Par- rish, Judson W. Tuple and Fred Fruchte, all of Decatur; Francis M. Cathell, Berne; William B. Drew and Frank Armantrout, Geneva.
A LEGAL RETROSPECT
Says one of the old lawyers and residents of the county: "The requirements for an attorney-at-law in the '40s were far different from what they are now. Then but few lawyers had more books than could be carried under one arm, and some of them not of recent date. However, justice was the thing sought after then, as now. And in certain instances there was much less ceremony in procuring it.
"All the judges along in the '40s, and even later, were supposed to dress within the dignity of their office. A part of their apparel must consist of a silk hat, known as a tile or plug hat now, a silk or satin vest, tall standing white collar, doeskin pantaloons and pumps, a low, comfortable slipper. An attorney who did not properly ad- dress the Court was reprimanded, and if he entered his objections was summarily fined. The Court that attempted to hold sessions without his silk tile and other equipage was not worthy any special recognition, and an attorney was exempt from the fine or reprimand until the dignity of the court was maintained.
"One of the first cases docketed was Alexander Smith, treasurer school section 16, Township 27, Range 15 east vs. Thomas Ruble. Dis- missed and costs paid. This dates from 1838.
"The first divorce case was docketed in 1849-Joseph Ross vs. Mary Ross. The case was decided against Mr. Ross, with $13.78 costs and $35 alimony. The next divorce case was Ruthanett Gillispie vs. John B. Gillispie. This is marked 'continued' and is still pending.
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JINKINSON CLEARED HIS MAN
"There was rather an amusing ineident in the case of the State of Indiana vs. J. C. Finley. The court then sat much as the County Board of Commissioners, the two together, but the 'dignity of the court' was 'on;' that made some difference, perhaps. Finley had been arrested on a charge of horse stealing. The Court was on the beneh, but in the old court house there were no consultation rooms down on the first floor. The prisoner was brought in by the sheriff, and as all was ready for the trial he was asked to plead to the in- dietment. He plead 'Not guilty.' The Court asked him if he had counsel. He said that he had not. Turning to a young attorney, whose home was then at Fort Wayne, the Court said 'Jinkinson, elear that man!'
"Mr. Jinkinson then asked permission to take the prisoner just around the corner of the court house for a consultation with him, which the Court granted. When baek of the court house with his client he said : 'Are you guilty of the offense as charged in the in- dietment ?' 'Yes,' said the prisoner, 'they caught me with the goods.' 'Have you any money ?' 'Yes, I have ten dollars.' 'Well, let's have it. Now you see the woods there, don't you? See how long it will take you to be through them to the Indiana state line.'
"Mr. Jinkinson paced back and forth outside the house for thirty minutes or more. The sheriff eame and called from the court house door 'Jinkinson, the court is ready to go on with the trial; bring your client and come in.'
"Mr. Jinkinson walked leisurely in and took his seat. The Court inquired : 'Mr. Jinkinson, where is your client ?' 'Why, your honor, I cleared him.'
"The sheriff threatened, and the Court gave each other a be- wildered look, but the prisoner never returned."
THE COUNTRY DOCTOR
The section devoted to the medical fraternity, and matters eon- neeted with his profession. is largely a collection of biographies; a grouping of honest, honorable, hard-working men, endeavoring bravely through such rude remedies as ealomel, epieae and quinine, to combat fevers, malaria, pneumonia, diphtheria, and a longer and a more serious list of ehronie diseases than the physician of the present has to meet, with all the sanitary precautions and appliances by which his task is lightened. In cases of confinement, broken limb or other
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surgical call, the country doctor had nothing at hand but the crudest instruments, assistance and accommodations; at times, while making his long rounds through the wilds of the country, he would have to meet an emergency with no surgical instruments whatever. And de- spite his hard calling, which subjected him to travel at all hours and in all weathers, much of his work was pure benevolence, and he carried it through with Christian cheerfulness. Even his "pay cases" often subjected him to vexatious delays and uncertainties. In those times, as the present, moneyed citizens who could well afford to pay the doctor promptly, often placed his bill, if perchance he rendered one, at the bottom of the pile. Notwithstanding, he never wearied at his unprofitable tasks and received, as one of his rewards, a whole-souled affection which even the parson sometimes failed to earn.
PIONEER RESIDENT PHYSICIANS
The first physician resident at Decatur was named Williams. He came from Ohio about 1837, and after a residence at the county seat of five or six years moved to Willshire, Ohio.
In 1840 William Trout arrived from Pennsylvania, and practiced in Adams County until his death in 1885; his incessant and kindly labors during that forty years made him the typical country doctor, as described above.
Pomeroy Porter settled early in the '40s and was killed as a Union soldier.
William Moore was also an early physician, and remained in prac- tice at Decatur for many years. Afterward he moved to Iowa, but returned to the Wabash Valley and located at Bluffton.
John N. Little settled just southeast of Decatur sometime before 1850 and J. C. Champer at Monmouth, several miles north. Their practice was largely at the county seat, where they died.
Among the physicians best remembered in Adams County are the Pierces. John Pierce came from Willshire, Ohio, about 1850, and re- turned to that place after a practice of nearly twenty years at De- catur. Jacob Pierce was a physician there for nearly a decade and died previous to the Civil war. Thomas Pierce, a third brother, also became well known during his honorable practice at Decatur.
The census of 1850 shows that the following physicians and surgeons were then practicing in Adams County: William Trout, Alexander Porter, John P. Porter and Jacob Pierce, at Decatur ; John F. Alsop, near Pleasant Mills; J. C. Champer, Monmouth ; John N. Little, southeast of Decatur on what afterward became the Elmer
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Jolinson farm; Thomas B. Kimsey, northwest of Monmouth, in Root Township.
A little later than the foregoing came Dr. Lemuel Coverdale from Allen County, perhaps in 1855; Thomas and John Pierce, in 1858; Dr. Barton B. Snow, in 1860, to the southern banks of the Wabash where he bought land upon which was platted the Town of Ceylon, practicing in that locality for ten years and dying in 1875; Dr. James B. Snow, his brother, who located in 1862 near Buena Vista (Linn Grove), and after practicing there for some three years bought a farm near what was then Buffalo (now Geneva), where he died in 1876; Dr. William C. Vance, of New Corydon, in 1866, whose practice extended into the southern part of the county and who had served as an army surgeon; Drs. James McDowell and Dr. S. G. Ralston, 1865, and Mrs. A. G. VanCamp and John Burdg, 1868.
LEADING PHYSICIANS IN 1887 AND 1917
In 1887 the physicians engaged in practice at Decatur were as fol- lows : T. T. Dorwin, D. G. M. Trout, Jonas Coverdale, B. R. Freeman, C. A. Jelleff, J. S. Boyers, J. S. Mann, P. B. Thomas and H. F. Cos- tello; at Geneva, H. M. Aspy, James Brelsford and S. G. Ralston; at Berne, W. Broadwell.
In 1918, or more than forty years after the foregoing list was compiled, the following were among the leaders in the medical and surgical profession in Adams County : Decatur-Dr. J. S. Boyers, member Indiana Board of Health; J. M. Miller, J. S. Coverdale, E. G. Coverdale, H. F. Costello, S. D. Beavers, D. D. Clark, C. S. Clark, HI. E. Keller, A. D. Clark, W. E. Smith, Elizabeth Burns and C. R. Weaver (osteopath) ; Pleasant Mills-Dr. J. W. Vizzard; Preble- Dr. J. C. Grandstaff ; Monroe-Drs. M. F. Parrish and C. C. Rayl ; Berne-Doctors Franz, H. O. and D. D. Jones; Linn Grove-Doctor MeKean ; Geneva-Drs. O. M. Graham and M. M. Mattox ; veterinary -Dr. C. V. Connell and Lieutenant Magley; dentists-Drs. Roy Archbold, J. Q. Neptune, Fred Patterson and Burt Mangold, all of Decatur ; Dr. Raymond Knoff, Geneva.
CHAPTER IX
EDUCATIONAL DEVELOPMENT IN ADAMS COUNTY
SAVAGE AND CIVILIZED CO-EDUCATION-FUR TRADERS AND MISSION- ARIES-NEGRO SLAVERY IN INDIANA-OPINIONS OF FREE SCHOOLS- EARLIEST SETTLEMENTS-FREE SCHOOL SYSTEM ENFORCED-SECOND CONSTITUTION-SCHOOL PROPERTY-ROADS, FARMS AND PIONEERS- PAROCHIAL SCHOOLS-GRADED SCHOOLS-DECATUR CITY SCHOOLS- LINN GROVE SCHOOLS-GENEVA SCHOOLS-MONMOUTH GRADED SCHOOLS-PLEASANT MILLS GRADED SCHOOL-BERNE SCHOOLS- MONROE SCHOOLS-PETERSON SCHOOLS-CENTRAL HIGH SCHOOLS- DISCONTINUED GRADED SCHOOLS-BOBO, OR RIVARE, GRADED SCHOOL -CEYLON GRADED SCHOOLS-THE COUNTY AGENT-LOCAL SCHOOL OFFICERS-THE COUNTY SUPERINTENDENCY.
Communicated by John F. Snow, Ex-County Superintendent of Adams County
Education, in a general sense, is an assimilation of knowledge. Any animal acquires knowledge the easiest of the things in which it is personally the most interested. Natural inherent capacity for acquir- ing knowledge is as different, and varied, as is the facial or physical appearance of men. When once educated, in a certain line, reflex action takes the place of reason and the individual acts, as it were, from intuition, This accounts for a man being of this or that political or religious faith, without being able to give a very good reason for his belief.
When and where did educational development begin in Indiana ? Shall we say that it began when the first white man crossed the great divide between the Atlantic slope and the Mississippi Valley? Or would it be better to consider the red-savage as an educational factor in some of the lines of development commonly accredited to the white race? There is no question about the white invaders becoming edu- cated in the use of maise-or Indian corn, and the ever present cigars and snuff, made from Indian tobacco. Not a few of the present suc- cessful farmers plant their fields of beans, potatoes, corn and squashes,
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-and never consider the fact that the original seeds for planting were furnished by the American Indian. There is no denying the fact that the white race was ever ready to enlist the services of the Indians as their allies, in the prosecution and settlement of the international troubles that were begun in Europe. The Indian, though a savage with seemingly an untamable disposition, was not the worst man in the world. He was an intelligent barbarian who worshipped at the shrine of a Great Spirit, and expected a fine luxuriant hunting ground in a future existence. He was grossly superstitious, and dwelt in the tradi- tions of his ancestors. These traditions, in time, became a ruling element of his nature; from a result of them he acted, rather than from a logical conclusion of facts.
SAVAGE AND CIVILIZED CO-EDUCATION
Though by nature adverse to the white man's civilization, he was quick to perceive what would advance his own individual interests; he saw the steel ax and the knife used by the white trader, he knew it was superior to his flint knife or to his stone tomahawk, and was glad to accept the white man's education so far as his interests were served by the change. When the Indian saw and realized the deadly effects of the white man's rifle, he was amazed and terrified. He soon learned its workings and would give all of his possessions for a rifle. Later he was admitted to a stockade and there saw a cannon ; he enquired as to its use. He was informed that "by and by" he would find out. He returned to the village and related that he had seen a "by and by" but did not know its use.
Some educators claim that all educational development is from the known to the closely related unknown. It seems that the Indian was a ready learner, for of all fire arms he soon learned to hate the effects and even the sound of a cannon.
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