USA > Indiana > Allen County > Fort Wayne > Valley of the upper Maumee River, with historical account of Allen County and the city of Fort Wayne, Indiana, Volume II > Part 53
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Rev. Ferdinand Koerdt was born in Oestinghausen, Westphalia, August 23, 1853. During his boyhood days, he visited the schools of his native village, and at the age of twelve years he began his collegiate course at Paderborn. After six years in college he entered the Royal academy of Munster, and three years later the young man began his course of philosophy and theology. The " May Laws," probably better known as the " Kultur Kampf," became very obnoxious, and made life exceedingly unpleasant for a many a student preparing for the ministry. In consequence, young Mr. Koerdt departed for America in 1875. He entered Mount St. Mary's seminary, Cincinnati, as a student for the diocese of Fort Wayne, in October of the same year. Ten months afterward the young gentleman was ordained to the priesthood by Rt. Rev. Bishop Dwenger, July 8, 1876, in the cathedral, Fort Wayne. Father Koerdt was appointed pastor of the St. Aloysius church, Sheldon, to whose people he still devotes his services.
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RT. REV. JOSEPH DWENGER, D. D.
Joseph Dwenger was born in Auglaize county, Ohio, in 1837. When about three years of age his father died; the mother then moved to Cincinnati. The boy received his early education in the schools of Holy Trinity. At the age of twelve the boy's mother passed from earth and he was cared for by Rev. Andrew Kunkler, the provincial su- perior of the religious community known as the Precious Blood. With these fathers the boy completed his collegiate course, but in the higher branches, theology and the accompanying studies, he graduated at Mount St. Mary's, Cincinnati. He was ordained to the priesthood, for the community above named, by Most Rev. Archbishop Purcell, at the early age of twenty-two years, by papal dispensation of course, on the 4th of September, 1859. The young priest was immediately ap- pointed professor and director in the seminary of his order, a position which he held for three years, and he also founded the new seminary at Carthagena, in Mercer county, Ohio, which to this day is a flourishing institution. The young clergyman was next engaged in parochial work, from which, after five years, he was called to a more difficult duty.
In 1866 Father Joseph, as he was then familiarly known, accom- panied Archbishop Purcell to the second plenary council of Baltimore as the representative of the order to which he belonged, and also in the capacity of theologian to the archbishop. From 1867 to 1872 Father Dwenger was exclusively occupied in preaching missions throughout Ohio, Indiana and Kentucky. He also held the office of secretary and consultor, in the meantime, in the community of the Precious Blood. Upon the death of Bishop Luers, Rev. Joseph Dwenger, at the age of thirty-four and a half years, was appointed second bishop of Fort Wayne. He was consecrated for the exalted position, in the cathedral of Cincinnati, by Archbishop Purcell, April 14th, 1872, and without any delay took charge of the diocese entrusted to him.
In 1874 Bishop Dwenger went to Europe with the first American pilgrimage, of which he was the acknowledged head. The objective points of visit were Rome and Lourdes. In 1875 he undertook the erection of an asylum in which he intended placing the orphan boys, who up to this time had been cared for together with the orphan girls, at the orphanage at Rensselaer. He procured fifty acres of land adjoin- ing the city of LaFayette, upon which he erected a commodious four- story brick building, at a cost of $30,000. The new asylum is called St. Joseph's orphan asylum and manual labor school, and has an aver- age of IIo boys; ten sisters of Charity and two brothers have charge under the direction of a reverend chaplain. In 1879 the bishop ap- pointed a diocesan school board, selecting ten clergymen, to whom he gave the supervision of matters pertaining to the parochial schools of the diocese. There is a president and secretary of the board though the bishop is ex officio the superior officer. The diocese is divided into
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seven school districts, and all the schools in every district is visited once a year and examined by one or more members of the board. A printed pamphlet of about 100 pages, containing a report from all the schools, is annually submitted to the bishop. This is known as the Diocesan School Report. This same system was afterward adopted by the provincial council of Cincinnati and by the national council of Balti- more, and in its main features is established in many dioceses of the United States.
In 1.883 the Rt. Rev. Prelate paid his official visit to Rome. During his absence Very Rev. J. Benoit was administrator of the diocese. In 1884 Bishop Dwenger celebrated his silver jubilee, the twenty-fifth an- niversary of his ordination to the priesthood. All the priests of his dio- cese, and a number from other parts, gathered in the cathedral to attend the ceremony. Rt. Rev. Bishop Rademacher, of Nashville, preached on the occasion.
In November and December, 1884, the bishop attended the Third National council of Baltimore. Among the thirteen archbishops and seventy prelates, he was the nineteenth bishop in point of rank and seniority. The council lasted about six weeks. In March, of the fol- lowing year, he left for Rome in the interest of the late Baltimore coun- cil, as the representative of the American Hierarchy. The bishop spent seven months in the Eternal city. To his indefatigable labors, and to his knowledge of affairs pertaining to the church in America, are due to a great extent the sanction of the college of cardinals and the approbation of the Pope, of the deliberations of the last council of Baltimore.
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During his stay in Rome, the Bishop was the guest of the North American college. The 4th of July was at hand. The authorities of the college were somewhat timid about hoisting the American colors in such close proximity to the Quirinal palace, almost in sight of King Humbert's dwelling. But the bishop came to the fore, and as an American citizen commanded the flag to be sent to the top of the staff, amid the joy and patriotic exuberance of all the students, who though beneath Italian skies, never forget their native America, nor allow an occasion to pass without singing the praises of fair Columbia's shores.
In 1886, Bishop Dwenger carried out a long cherished plan of erect- ing a suitable home for orphan girls. The asylum was built on a twenty-five acre plat of ground within the limits of the city of Fort Wayne. A special notice is given this asylum elsewhere in this sketch, devoted to the Catholic church in Fort Wayne.
Bishop Dwenger again went to Europe, in September, 1888, on an official visit, and was in consultation with the cardinals, and also had private audience with Leo the Thirteenth. The immense debt that rested upon the diocese when Bishop Dwenger took charge, has been cancelled long since. Thousands upon thousands of dollars have passed through his hands in meeting demands that came upon him in the earlier history of his regime, also thousands upon thousands again, have been carefully expended in the erection of two commodious orphan homes. Large
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amounts of money are contributed to him during the years, but all find their way into channels that provide bread for the needy, and charity for the homeless child.
The diocese over which Bishop Dwenger presides comprises about one-half of the state of Indiana, being the northern portion, and contains forty-four counties. There are at present in this diocese 120 priests, 130 churches and twenty chapels. There are, one university, sixty-five schools and about 9,000 pupils; orphan asylums two, and hospitals five. Dur- ing his administration as Bishop, Mgr. Dwenger has conferred the order of priesthood upon many young men. He has traveled over his entire diocese as a rule once in every two years, sometimes oftener, either to administer confirmation and preach, to dedicate a church or perform some other Episcopal function. Bishop Dwenger is still in good health, though his silvery hair, whitened beyond his age, makes him appear older than he is.
Summary .- In the city of Fort Wayne there are, one bishop, eleven priests, four churches and three chapels. There is one hospital, one orphan asylum, one academy, six schools, with about 1,800 pupils. There are about 1,600 families in these four churches, numbering about 7,800 souls.
In Allen county there are twelve congregations, with a total of 2, 1 77 families, the total souls ranging at 10,840. Catholicity has probably gained more in Allen county from the ranks of non-Catholics than she has lost from her own fold. Catholic Christianity is advancing as a rule, within this county, and is at peace with the entire community.
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BENCH AND BAR OF ALLEN COUNTY.
BY JUDGE ALLEN ZOLLARS.
The territory now comprised within the limits of Allen county was carved, almost wholly, out of the county of Randolph, although the act creating the county was entitled, " An act for the formation of a new county out of the counties of Randolph and Delaware." That act was approved on the 17th day of December, 1823. At the suggestion of Gen. John Tipton, the new county, whose legal existence was to begin in April following the passage of the act, was named Allen, in memory of Col. John Allen, of Kentucky, who was killed at the battle of the River Raisin, on the 22d day of January, 1813.
By the third section of the act, Lot Bloomfield and Caleb Lewis, of Wayne county, Abiathar Hathaway, of Fayette county, William Con- ner, of Hamilton county, and James M. Ray, of Marion county, were appointed commissioners to determine and locate the seat of justice for the new county. It further provided, that said commissioners should convene at the house of Alexander Ewing, at Fort Wayne, on the fourth Monday of May thereafter, and proceed immediately to discharge the duties assigned. Fort Wayne was determined upon, and fixed as " the seat of justice."
It was provided in the eighth section of the act, that certain territory, which now constitutes the county of Huntington, the whole of Adams and Wells counties, as now bounded, except one row of townships on the south; the whole of DeKalb and Steuben counties as now constitu- ted, and one row of townships off the east side of Noble and LaGrange counties, as now constituted, " shall be attached to the said county of Allen; and the inhabitants residing within the said bounds shall enjoy all the rights and privileges that to the citizens of the said county of Allen shall or may properly belong; and that said county of Allen shall have jurisdiction, both civil and criminal, over the territory so attached, in all cases as though the same were a constituent part of the said county of Allen."
Pursuant to the first section of the act, " for carrying the laws into effect in the new counties," William Hendricks, governor of the state, by commission dated April 2, 1824, appointed Allen Hamilton sheriff of Allen county, until the next general election, and until his successor should be elected and qualified-should he so long behave well. Under that appointment, and in compliance with a further provision of the said section, Mr. Hamilton, as such sheriff, gave notice to the qualified voters of Allen county, authorizing and directing them to hold an elec- tion on the 22d day of May, 1824, for the purpose of electing two asso-
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ciate judges of the circuit court, one clerk of the circuit court, one recorder, and the commissioners of the county. Samuel Hanna and Benjamin Cushman were elected associate judges; Anthony L. Davis, clerk and recorder; William Rockhill, commissioner for a term of three years from the 22d day of May, 1824; James Wyman for two years, and Francis Comparet for one year from said date.
Under the judicial system in force during the existence of the consti- tution of 1816, the circuit courts consisted of a president, and two asso- ciate judges. It was not essential that the associate judges should be lawyers. The president alone, in the absence of the associate judges, or the president and one of the associate judges in the absence of the other, might hold a court. The associate judges, in the absence of the president, might also hold a court, and hear and decide causes, except capital cases and cases in chancery. The circuit courts in each county in the state had common law and chancery jurisdiction, as also complete crim- inal jurisdiction, subject to restrictions, imposed by law, and probate jurisdiction.
The state was, from time to time, divided into judicial circuits, as the business required. The president judge was appointed by joint bal- lot of the two houses of the general assembly. He was required to live in the circuit, and had jurisdiction co-extensive with the limits thereof. The associate judges were for the county in which they lived, and were elected by the people of such county. From 1816, when the territory was admitted as a state into the Federal Union, until 1818, all judicial matters relating to the vicinity of Fort Wayne were settled in Vincennes. In 1818 Randolph county was constituted, with Winchester as the seat of justice, and embraced within its boundaries, until the formation of Allen county, all this portion of the state extending to Lake Michigan.
By an act of the legislature approved January 14, 1824, Allen county was made a part of the third judicial circuit, which embraced the counties of Randolph, Wayne, Union, Fayette, Franklin, Dearborn, Switzerland, Ripley and Allen. The extent of territory over which the jurisdiction of the judge of that circuit extended cannot be known, except approximately, without an examination of the several statutes fixing at that time, the boundaries of the several counties. It will suffice here to say, that the circuit extended from the Ohio river on the south, to the Michigan line on the north. The first term of the circuit court in Allen county, was held at the house of Alexander Ewing, commencing on the 9th day of August, 1824, and lasting three days. The court was held by the associate judges, Samuel Hanna and Benjamin Cushman, the president judge of the circuit not being present. The grand jury returned seventeen indictments : two for adultery, one for assault and bat- tery, four for playing at a game (of cards), and ten for retailing spiritu- ous liquors. The ten indicted for selling liquor pleaded guilty and were fined by the court $3.00 and costs respectively, except one, whos fine was $4.00 and costs. Two of those charged with "playing game," submitted their case to a jury and were fined $10.00
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and costs. One charged with adultery was tried by a jury and acquitted, while the. female charged with the same offense was convicted and sentenced to fifteen days' imprisonment in the county jail. The followances were made: To each of the grand jurors for his services, $1.50; to Robert Hood, as constable for the court, 75 cents per day; to Allen Hamilton, sheriff, for four months' services, $16.62; to the prosecuting attorney, for his services for the term $5.00. At that term, William G. Ewing was admitted and sworn as an attorney of the Allen circuit court, and CHARLES W. EWING was appointed by the court prosecuting attorney. The law at that time made it the duty of the circuit court in each county to appoint some person, legally author- ized to practice as an attorney and counsellor at law, as prosecuting attorney in such county, who should hold his office during good behavior, to be adjudged by the court, and who should receive for his services, in addition to the fees allowed by law, such compensation as the judges of the court, in their discretion, might allow, to be certified by the court, and paid out of the county treasury. The same act, however (January 20, 1824), provided that after the second Monday of the following August, the governor should appoint a prosecuting attorney for each judicial circuit, who should hold his office for one year, and receive as compensation an annual salary of $250, payable out of the state treas- ury, and $5.00 in each conviction, to be taxed against the party con- victed.
Of the associate judges, who held that first term of the court, it is not necessary to speak at length here, as they were not lawyers. Samuel Hanna acted as such associate for four years. He was a busi- ness man of great sagacity, and uprightness of character. He died in Fort Wayne in 1866, a man of great wealth, and universally esteemed and honored.
By an act of the legislature, approved on the 12th day of February, 1825, Allen county was attached to the Fifth judicial circuit. It is suffi- cient to state here, that the circuit was large enough to include Marion county, in which Indianapolis was, and is, situated, and a large portion of the eastern part of the state.
HON. BETHUEL MORRIS,
of Indianapolis, was the judge of that circuit, having been appointed on the 9th day of January, 1825, and hence, became the judge of the Allen circuit court. He was a native of Virginia, but became a resident of Centerville, Ind., in 1818. Four years later he removed to Indianapolis, and until 1834, except the time that he was on the bench, was engaged in the practice of the law. In that year, he abandoned the profession, and became president of the old State Bank of Indiana, which position he held for many years. He continued to be a resident of Indianapolis until his death.
The second term of the Allen circuit court was held at the residence of Alexander Ewing, commencing on the 6th day of June, 1825, and
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lasting five days. Judge Morris was present as president judge, Samuel Hanna sitting with him as associate judge. At that term, James Rari- den, of Richmond, Calvin Fletcher, of Indianapolis, and Henry Cooper, of Fort Wayne, were admitted to the bar. In after years Rariden won an honorable distinction as a lawyer and a legislator.
At that term CALVIN FLETCHER was sworn in as prosecuting attor- ney for the term, the prosecuting attorney being absent. He was born in Ludlow, Vt., in 1798. In early life he was inured to physical labor, and had but meager advantages of education, but so improved his op- portunities as to acquire more than an ordinary education for that day. In 1817 he worked his way, mostly on foot, to Urbana, Ohio, where he obtained labor as a hired man for a time, and then taught a school. There he studied law and was admitted to the bar in 1821. In the fall of that year, with his young wife, he started for Indianapolis in a wagon, and after a journey of fourteen days, camping out the same number of nights reached the town, where there were a few newly erected cabins. . He commenced the practice of the law there, and continued the practice for about twenty-two years. In 1825 he was appointed prosecuting attor- ney for the fifth judicial circuit. In the following year he was elected to the state senate, and continued a senator for seven years. In 1834 he was appointed by the legislature one of four to organize a state bank, and to act as sinking fund commissioner. He held that position for seven years. From 1843 to 1859, he was president of the branch of the State Bank at Indianapolis. He was a good and successful lawyer. He died at Indianapolis in 1866, very wealthy, and very highly respected by all. Of Mr. Cooper, mention is made hereafter.
The third term of the court was held at the house of William Sut- tenfield, commencing on the 21st day of November, 1825. The presi- dent judge not being present, the court was held by the associate judges, Samuel Hanna and Benjamin Cushman. Calvin Fletcher was present as prosecuting attorney. He was fined $5.00 for contempt of court, but the fine was remitted. Oliver H. Smith, then a resident of Connorsville, in Fayette county, attended that term of court. In his "Early Indiana Trials," he gives the following description of a trip to Fort Wayne, and the incidents of a trial before the associate judges, which will be of interest to the lawyers of this day, as well as to others:
" The fall term of the circuit courts found Judge Eggleston and myself, well mounted, once more on the circuit, the Judge upon his pacing Indian pony, the same that I afterward rode through an election- eering congressional campaign, I then rode my gray 'fox.' We were joined at Centerville by James Rariden, mounted on 'Old Gray,' one of the finest animals I have ever seen. Our court was to be held on the next Monday at Fort Wayne. We reached Winchester late in the evening and took lodgings at the hotel of Paul W. Way, but no news- paper heralded the arrival. How different was the circumstance that occurred when I was in the senate of the United States. Silas Wright, Thomas H. Benton and James Buchanan, for recreation, ran up to Phil-
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adelphia; the next day the Pennsylvanian announced that Senators Ben- ton and Buchanan had arrived in that city, and taken lodgings at the United States Hotel. A few days after the three distinguished senators were in their seats. I sat at the time in the next seat to Gov. Silas Wright; turning to the Governor, 'I see by the papers that Mr. Benton and Mr. Buchanan have been in Philadelphia and taken lodgings at the United States Hotel; how did it happen that your name was not announced, as you were with them?' 'I did not send my name to the printer.' So it was with us.
"After early breakfast we were once more upon our horses, with one hundred miles through the wilderness before us. There were two Indian paths that led to Fort Wayne, the one by Chief Francis Godfroy's on the Salamonie river, the other in a more easterly direction, crossing the Mississinewa higher up and striking the " Quaker Trace," from Richmond to Fort Wayne, south of the head waters of the Wabash river. After a moment's consultation, Mr. Rariden, who was our guide, turned the head of ' Old Gray' to the eastern path, and off we started, at a brisk traveling gate, in high spirits. The day passed away; it was very hot, and there was no water to be had for ourselves or horses. About one o'clock we came to the Wabash river, nearly dried up, but there was grass upon the bank for our horses, and we dismounted, took off the saddles, blankets and saddle-bags, when the question arose, should we hold the horses while they grazed, tie them to bushes, spancel them, or turn them loose? We agreed that the latter was the best for the horses and easiest for us, but I raised the question of safety, and brought up the adage, 'Safe bind safe find.' Mr. Rariden .- ' You could not drive Old Gray away from me.' Judge Eggleston. - ' My Indian pony will never leave me.' I made no promise for my 'Gray Fox.' The bridles were taken off, and the horses turned loose to graze. A moment after, Old Gray stuck up his head, turned to the path we had just come, and bounded off at a full gallop swarming with flies, followed by the pacing Indian pony of the Judge, at his highest speed. Fox lingered behind, but soon became infected with the bad example of his associates, and away they all went, leaving us sitting under the shade of a tree that stood for years afterward on the bank of the Wabash. Our horses were, a week afterward, taken up at Fort Defiance, in Ohio, and brought to us at Winchester on our return. It took us but a moment to decide what to do. Ten miles would take us up to Thompson's on Townsend's Prairie. Our saddles and blankets were hung up above the reach of the wolves. Each took his saddle-bag upon his back, and and we started at a quick step - Rariden in the lead, Judge Eggleston in the center, and I brought up the rear.
" The heat was intense. None of us had been much used to walk- ing. I am satisfied we must all have broken down, but most fortunately there had fallen the night before a light rain, and the water lay in the shade in the horse tracks. We were soon on our knees, with our mouths to the water. - Tell me not of your Croton, ye New Yorkers,
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nor of your Fairmount, ye Philadelphians, here was water, 'what was water.' Near night we reached the prairie worn down with heat and fatigue. The thunders were roaring and the lightnings flashing from the black clouds in the west. A storm was coming up on the wings of a hurricane, and ten minutes after we arrived at Mr. Thompson's it broke upon us in all its fury, and continued raining in torrents during the night. We were in a low, one-story log cabin, about twenty feet square, no floor above, with a clapboard roof. Supper, to us dinner, was soon ready. Three articles of diet only on the plain walnut table, corn-dodgers, boiled squirrels and sassafras tea. Epicures at the 5 o'clock table of the Astor, St. Nicholas, Metropolitan and Revere, how do you like the bill of fare? . To us it was sumptuous and thank- fully received. Supper over, we soon turned in, and such a night of sweet sleep I never had before or since. The next morning our saddles and blankets were brought to us from the Wabash. The landlord pro- vided us with ponies and we set forward at full speed, arrived at Fort Wayne that night, and took lodgings at the hotel of William N. Hood. In the morning court met, Judge Eggleston, president, and side judges, Thompson and Cushman, on the bench. Fort Wayne contained about 200 inhabitants, and the county of Allen some fifty voters. There were no cases on docket to try of a criminal character. Court adjourned early, and we all went up the St. Mary's river, to Chief Richardville's, to see an Indian horse race.
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