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 59
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John Colerick, who became one of the most distinguished citizens of Fort Wayne, was born at Indianapolis, September 20, 1837. He was a son of David H. and Elizabeth Colerick, above mentioned. His mother carefully guided his early life, and supplemented the instructions of the celebrated Alexander McJunkin, under whom several well-known citi- zens of Fort Wayne pursued their studies. In 1854 Mr. Colerick
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entered Wabash college, at Crawfordsville, where he remained during one college year, then entering Hanover college, near Madison, where he finished his education. He began reading law with his father at nineteen years of age, and found no better school than the attentive study of his father's methods. Soon after his admission to the bar he was elected district attorney for the twentieth judicial district, a position he held until 1859, when he resigned it to accept the appointment of prosecuting attorney for the tenth circuit then composed of ten counties. In 1861 he removed to Indianapolis and practiced there until 1864 when he returned to Fort Wayne. He became widely known as successful in criminal practice, first as a prosecuting attorney, and then in the defense on such cases. There was hardly a criminal case in Allen or adjoining counties in which he was not engaged for the defense. But his civil practice was equally extensive, and his practice grew to immense proportions. Mr. Colerick's unusual power as a speaker, and his intense feelings, led him into the field of politics, where he was a force no less potent than at the bar. In 1869 he was a candidate on the democratic electoral ticket, and assisted in the canvass. In 1870 he was unani- mously nominated as the democratic candidate for congress as represen- tative of the ninth district, and he made a gallant canvass, and considerably reduced the large adverse majority. Mr. Colerick's exces- sive exertions began to tell upon his strength about this time, and those remarkable efforts of imagination and eloquence and reason which so charmed his hearers, gradually made inroads upon his endurance. On the 7th of March, 1872, he passed away, and sorrow overspread the city at the news of the early death of one so brilliant and full of prom- ise of still greater achievements.
Joseph Brackenridge, one of the veteran lawyers of northern Indi- ana, is also an old resident of Fort Wayne, having lived here since the fall of 1830, when he accompanied his parents to this city. He was born at Brookville, Franklin county, Ind., August 7, 1823. Receiving his early education at Fort Wayne, he soon began the study of the law with his uncle, Robert Brackenridge, a distinguished citizen elsewhere men- tioned in this work. He was licensed to practice and admitted to the bar of Allen county, October 22, 1846. He served as prosecuting at- torney for several terms, and in 1856 was appointed judge of the court of common pleas by Governor Ashbel P. Willard, to fill the unexpired term of Judge Borden. Subsequently he was elected to the same office and served a term of four years, and at a later date, he was elected judge of the criminal court, a position he also held for four years. These responsible offices he held with honor, and discharged the duties per- taining to them with impartiality and a high sense of responsibility to the public. Judge Brackenridge was introduced at an early period in his career as an attorney to the railroad practice, in which he is still engaged, and he has won a high reputation in this branch of the law. He served as solicitor for the Pittsburgh, Fort Wayne & Chicago rail- road company in the state of Indiana in connection with Robert Brack-
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enridge, for some years prior to the execution of the lease of that railroad property to the Pennsylvania railroad company, and continued in the same capacity with the latter company, until the assignment of that lease to the Pennsylvania company in 1873. He has continued to act as solicitor of the latter company, in charge of the legal business connected with the Pittsburgh, Fort Wayne & Chicago railroad company, in the state of Indiana, until the present time. As a citizen, Judge Bracken- ridge is very highly esteemed by the community of which he has been a prominent member for so many years. He is a member of the Berry Street Methodist Episcopal church, in politics is a democrat, and is a member of the Masonic order. Judge Brackenridge was married in 1861 at Ypsilanti, Mich., to Eliza J. Walpole, and they have three chil- dren: Will P., Robert E., and Edith.
James A. Fay, first judge of the criminal court of Allen county, was born May 10, 1813, at Northampton, N. Y. After attending school there, he came west with an engineering party, for his health, and finally taught school at Centerville, then the county seat of Wayne county. Becoming acquainted with Hon. John Newman there, he studied law with him, and was admitted to the bar on motion of the distinguished Caleb B. Smith. Of the latter Mr. Fay became a partner at Connors- ville, and was soon well known as a promising lawyer. In 1858 he came to Fort Wayne, which was his home until his death, April 9, 1876. Here he took high rank at once as an attorney, and when the criminal court was established he was appointed judge by Governor Baker, at the unanimous request of the bar. . Judge Fay was in many respects a remarkable man, notably so in his high conception of manhood and pro- found convictions. Arriving at his conclusions by thorough considera- tion he maintained them without hesitation, and with remarkable moral courage. His mind was active, and at times almost painfully intense in action. His home life, at a beautiful suburban home, was delightful, and he was tenderly devoted to his wife, Julia P. Paine, to whom he was married June 20, 1849, and their three children, but one of whom, Mrs. P. A. Randall, survived him.
Samuel Bigger, governor of Indiana, was born in Warren county, Ohio, March 20, 1802. He received his education at Athens university, in that state, and prosecuted legal duties at Lebanon. His professional life was commenced in Indiana. He first practiced in Union county, and afterward in Rush, in both of which he attained eminence as a sound and success- ful lawyer. He was elected to the legislature from Rush county, in the year 1834, and was a distinguished member of that body during that and the succeeding year. He was then elected president judge of the circuit court, and served until 1840, when he was elected governor of the state. With the aid of another gentleman, he revised the statutes of the state, and produced the large volume known as the "revised statutes of 1843." In his last message to the legislature, Governor Bigger recommended the establishment of a state hospital for the insane; acting on which recommend action the legislature levied a tax, and took other suitable
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measures for the establishment of the " Indiana hospital for the insane," now in extensive and successful operation. Under his administration the affairs of the state were managed with prudence, economy and ability. He retired from office with less pecuniary means than he possessed when he entered upon the discharge of its duties, but with the consciousness that he was regarded by his whole constituency as an honest man, and a faithful public officer. On his withdrawal from public life, he resumed the practice of the law in Fort Wayne, and at the time of his decease had an extensive practice. He died in 1845.
One of the prominent attorneys of Fort Wayne during the war pe- riod and subsequent decade was Joseph S. France, who was born in Indiana county, Penn., September 9, 1824. At the age of seventeen years he commenced teaching school in his native county, and continued to do so for three years. He then went to Pittsburgh and studied med- icine, and after receiving his diploma, he practiced for a short time, but abandoned it for the purpose of taking up the study of law. He was subsequently admittted to the bar. In 1852 he moved to Illinois and established a newspaper at Piqua. In 1858 he came to Fort Wayne and resumed the practice of law, which he pursued until his death. He held several official positions, among them that of city attorney in 1859 and '60; prosecuting attorney of the common pleas court in 1861-62-63; and prosecuting attorney of the criminal court from 1872 until his death in 1874. He was a democrat of prominence, a well educated and brill- iant speaker, both in English and German. He married Rachel Cook, daughter of George and Rachel Cook, a native of Pennsylvania, born in 1829. She and four of their five children still survive, residents of the city.
Robert S. Taylor, one of the foremost attorneys of Indiana, has been an honored citizen of Fort Wayne for thirty years. Through his efforts during this period in the practice of law, and devotion to politics, few men are as well known throughout northern Indiana, and esteemed alike by those whose cause he has advocated and those he has opposed. Judge Taylor was born May 22, 1838, near Chillicothe, Ohio, son of Rev. Isaac N. Taylor and his wife, Margaretta Stewart. The father was a Presbyterian minister who devoted his life to the arduous duties of a pioneer preacher, first at Celina, and St. Mary's, in Ohio, and sub- sequently in Jay county, Ind., whither he removed in 1844. A few years later, inspired by devotion to the cause of education, he founded Liber college, near Portland, where many of the boys and girls of that region laid the foundation of future usefulness. At this school Robert S. Taylor graduated June 30, 1858, and within a few minutes after receiving his diploma, he was married to his class mate, Fanny W. Wright. His attention was soon turned in the direction of law, and he began his studies with Judge Jacob M. Haynes, at Portland. These he further pursued and completed at Fort Wayne, where he arrived in October, 1859. Here his home has ever since been. At first, upon beginning his residence at Fort Wayne, he taught school part of a year,
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and in November, 1860, he entered the office of L. M. Ninde, as a clerk and office assistant. Two years later he was advanced to a partnership, and the firm of Ninde & Taylor was formed. In 1866, Col. R. S. Robertson was added to the firm, which was one of the prominent ones of northern Indiana. Upon the organization of the criminal court in 1868, R. S. Taylor was appointed its prosecuting attorney. In the same year, the firm of Ninde, Taylor & Robertson was dissolved, and Mr. Taylor was appointed judge of the court of common pleas. This position he held until the next election, when he was elected as a representative of Allen county to the Indiana house of representatives, being the only republican ever sent to that body from Allen county. The prominence thus obtained in the political field led to his nomination in 1874 as the republican candidate for congress, against Holman H. Hamilton, and again in 1880, as the candidate against Walpole G. Col- erick. He was defeated on each occasion, but in the last instance especially, the great reduction of the adverse majority, clearly demon- strated the hearty esteem in which Judge Taylor is held by the people of the district. He still takes an active part in political discussions, and is a popular speaker in all important campaigns. In March, ISSI, he was appointed by President Garfield, a member of the Mississippi river com- mission, to succeed Gen. Benjamin Harrison, who had been elected United States senator. This position occupies a great part of his time now and has since his appointment, though he is still a valued citizen of the city, active in all movements for the public good, and ever earning the con- tinued esteem and confidence of his fellow citizens.
Edward O'Rourke, judge of the thirty-eighth judicial circuit, was born October 13, 184I, at Newark, N. J., the seventh of eight children. His parents Christopher O'Rourke and Ellen Flannagan, were natives of county Kildare, Ireland. Patrick O'Rourke, his grandfather, had a lease of a farm for a term of three lives, or ninety-nine years. The old- est son, John, succeeded him, as is the custom and law of Great Britain, and his son, James, now occupies the same farm. The ancestors of both Christopher and Ellen, had lived in the same county for many genera- tions, and were noted as honest, good farmers, as far as their history can be traced. Christopher O'Rourke and Ellen Flannagan, were mar . ried about the year 1823, and left Ireland for America, in 1825. They first went to Dublin, thence to Liverpool, and thence, in sailing vessel, to New York, and settled in New Jersey, where Edward was born. They remained there several years, but his father on account of ill health, removed, with his family, to Carroll county, Ohio, some months after the birth of Edward, and purchased a farm there, so that the subject of this sketch has no recollection of the place of his nativity. After several years' life upon the farm, the father became a contractor for building the Pittsburgh, Wellsville & Cleveland railroad, and afterward built sev- eral miles of what is now the Pittsburgh, Fort Wayne & Chicago road. He then returned to Ohio, and resumed farming operations near Mans- field, Ohio, but finally removed to Fort Wayne, where he died in 1875,
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his widow surviving him about six months. Both were respected by a large circle of acquaintances, and their loss was sincerely mourned by friends and descendants. Edward O'Rourke obtained a primary edu- cation in the public schools of Ohio, and being fond of books, soon acquired a good knowledge of grammar, arithmetic and algebra; and while attending literary and debating societies in the common school- houses, acquired a taste for declamation and debate, which first gave him the idea of entering the legal profession, and from that time the ener- gies of his mind were bent in that direction. He first came to Fort Wayne in the fall of 1859, and entered the Fort Wayne Methodist col- lege, remaining there about a year. In the spring of 1863, he entered Notre Dame academy and remained there one term, going, in the sum- mer of that year, to the French college in Montreal, remaining there as a student, until 1865, engaged in a classical and mathematical course, and acquiring the French language so as to read and converse in it with fluency. His literary taste led him into mental philosophy, poetry and history, and his scientific taste, to excel in mathematics, having a reten- tive memory for dates and numbers. In the fall of 1865 he entered the law office of Worden & Morris, as a student, and remained with them until he was elected prosecuting attorney of the criminal court, in 1867. He was a successful prosecutor for five years, after which he was in the general practice of the law until 1876, having in 1875, entered into part- nership with Hon. Robert Lowry, and Col. R. S. Robertson, the part- nership continuing until he was elected judge of the circuit court in 1876, re-elected in 1882 and 1888, which position he now holds, having earned the reputation of an upright, conscientious and painstaking judge. He was married in November, 1871, to Miss Ada L. Abrams, of Wells, Ohio. His mental and moral characteristics he inherits to a considera- ble extent from his father, who was a man of extraordinary memory, and had a great taste for history and poetry. Becoming a citizen of the United States as soon as he could after his arrival here, he became much attached to the principles which underlie our system of government and taught his son to revere them. With few advantages for education, he was a great reader, and seemed never to forget an important fact he had read. His mother also was of energetic, active mind, and was very vivacious and fluent in speech, and to such parents Judge O'Rourke, no doubt, owes much of his own success in life.
Allen Zollars, the subject of this sketch, was born in Licking county, Ohio. The ancestors of Mr. Zollars were of German extraction, and migrated from Prussia to this country at an early period. They belong to that robust and intelligent class of early emigrants who, to secure their political and religious freedom, were ready to encounter the privations and hardships of an unknown and unbroken wilderness, and the dangers arising from the frequent hostilities of native savages who claimed the whole county as their rightful and undoubted heritage. It was fortunate for the succeeding generations of America, that the cir- cumstances attending the first settlement of the country were somewhat
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forbidding and such as to invite to its shores only the liberty-loving peo- ple of Europe. The sturdy ancestors of Mr. Zollars contributed their share in the struggle for independence, and helped to secure for them- selves and those to come after them, that complete national freedom and personal liberty which all enjoy to day. His paternal great-grandfather was an officer in the war of the revolution, and served his country with distinction, for more than five years. Mr. Zollars's father was born in Washington county, Penn., and at twelve years of age removed with his parents to Jefferson county, Ohio. At that time Ohio had been a state in the Federal union but thirteen years, and was, in a large measure, an unbroken forest, Until his manhood and marriage the father of Mr. Zollars lived in that county, when he moved to Licking county, of the same state. There, in the course of time, he became the owner of flouring, lumber and woolen mills, which he operated with success. Subsequently he disposed of those properties and engaged in farming and raising of fine stock. In 1868, in good health, mentally and physi- cally, he retired from business, and until his death in March, 1889, at the age of eighty-seven years and three months, he lived in happy retirement, managing his property, and enjoying the most devoted love and affection of an unusually large number of direct descendants. But a short time before his death he had assembled under his own roof five generations of his family, himself and wife, with whom he had lived for more than sixty-five years, and who "survives him, some of his children, some of his grand-children, some of his great-grand-children, and one great-great-grand-child. He was a man not only of remarkable health and strength physically, but also, as self-educated, a man of strong mental power, and extended reading. Upon many subjects his thoughs were in advance of those among whom he lived. It was a source of very great comfort to his family, that during his long and active life they never knew him to give the least sanction, by word or act, to anything that was immoral, dishonest or dishonorable, but on the contrary, uniformly condemned all such things in the strongest terms. In early boyhood young Zollars attended the common schools of the neighborhood, evincing much interest in his books and studies. His parents, observing with pleasure and with pride the fondness of their son for books and his desire for knowledge, determined to aid him in acquiring such training and education as should prepare and equip him for such pursuits in life as he might choose to adopt. After going through the common schools of the neighborhood, he was placed in a private academy, and there thoroughly prepared to enter college. He entered Dennison university, at Granville, Ohio, pursued a classical course, and graduated in 1864, receiving the degree of A. B. Three years later the university conferred upon him the honorary degree of A. M., and, in 1888, the degree of LL. D. It would be alike interest- ing and profitable to trace the persistent efforts and struggles by which young Zollars secured a thorough and complete education, and that full and elaborate preparation which, in after life, has rendered the acquisi-
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tion of knowledge easy and pleasurable. The proposed brevity of this sketch will not, however, allow this. Having finished his college course and attained his manhood, the time had come for Mr. Zollars to decide for himself what should be his life pursuit. He chose the law. He entered the law office of Judge Buckingham, of Newark, Ohio, where he studied law for a while. He then entered the law department of the university of Michigan, and graduated in 1866, receiving the degree of LL. B. Being thus prepared for the practice of his chosen profession, Mr. Zollars located at Fort Wayne, Ind. He at once made a favorable impression upon the bench, the bar and the people. All regarded him as a young man of fine attainments, high moral character and great professional promise. It was not long until he had his share of business, and felt assured of success in his profession. Having thus overcome the difficulties and doubts that lurk in and beset the beginning of the way of professional life, Mr. Zollars found himself in a position to support a family. In November, 1867, he was married to Miss Minnie Ewing, of Lancaster, Ohio, a lady of culture who has contributed much to the sub- sequent success of her husband. Mr. Zollars is a democrat. In 1868 he was elected to the legislature. He took a prominent part in the debates of the house, and was much esteemed as a member of that body. He did not seek a re-election, though the place was easily within his reach. In May, 1869, he was chosen city attorney of Fort Wayne, and continued to serve in that capacity for six years. Upon the estab- lishment of the superior court of Allen county, he was appointed by Governor Williams judge of that court. He held the office for a short time and then resigned in order to resume the practice of his profession, which he found to be much more profitable than the judgeship of the superior court. In 1882, Judge Zollars was nominated by the demo- cratic party of the state as a candidate for supreme judge. He was elected, receiving in the northern part of the state, where he was best known, much more than the party vote. He was nominated by his
party for the same office in 1888, but was, with the rest of the demo- cratic ticket, defeated. As judge of the supreme court, Judge Zollars more than met the high expectations of his friends, and so discharged the duties of his high office as to receive the hearty approval and warm commendation of the bar of the state, without regard to party. As a judge he was industrious, careful and singularly painstaking. In his high office he was independent, fearless and honest. It is but just to say, and it is infinitely creditable to Judge Zollars that it may be truthfully said, that no political bias, prejudice or zeal could deflect or move his mind from its honest and intelligent convictions. There is not a judge nor a lawyer in the state of Indiana that does not know and who would not assert this. It is by no means unfortunate for Judge Zollars that, though for a day, through political excitement, a few impulsive friends may have been estranged, the occasion was presented which enabled him to demonstrate the fact that, though a staunch democrat, on the bench he was not and could not be a partisan. The written opinions of
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Judge Zollars found in more than the last thirty volumes of our reports, attest his fitness for judicial position. His style is lucid, unstrained and vigorous; his statements full and comprehensive; his analysis perspic- uous and complete. His opinions show great research, industry and care. They challenge approval, and must commend themselves to bench and bar. The writer is somewhat acquainted with the bar of the state, and he has yet to hear an unfavorable criticism of any opinion prepared by Judge Zollars. As a lawyer, Judge Zollars has always stood high. He has had a large practice, civil and criminal, and has been unusually successful. He has argued many cases in the supreme court, and has lost but few. No one knows better than Judge Zollars the necessity for thorough preparation in the trial of cases, and no one more industriously prepares his cases than he. He could hardly be in- duced to enter upon the trial of a cause without complete preparation. He knows and realizes the fact that it is the prepared man who, as a rule, is successful. Though of a warm and ardent temperament, Judge Zollars is, in the trial of a cause, always master of himself. He is rarely not at his best. He is always courteous and deferential toward the court; kind and forbearing toward his adversaries. He examines a witness carefully and thoroughly, but treats the witness with respect, and, as a general rule, so as to secure his good opinion and make him feel that he has been treated kindly and forbearingly. While subject- ing the witness to the most severe tests, he so questions him that the witness never seems to realize the fact. As a speaker, Judge Zollars is always direct, logical and forcible. His treatment of his case is always full, comprehensive and accurate; his analysis of the facts is clear and exhaustive. He sees, without effort, the relation and dependence of the facts, and so groups them as to enable him to throw their combined force upon the point they tend to prove. He has now just attained mature manhood, and returns to the profession with the assurance of success. Judge Zollars is rather below the medium size; his head and chest are large, his frame is compact and vigorous. He is graceful in action, in manner courteous, forbearing and genial. He is popular with the people, and his future is full of promise, and no one is better pre- pared to meet and profit by its hidden mysteries than he. In his domes- tic life and surroundings Judge Zollars is most fortunate. Surrounded by a most estimable family, every member of which is thoroughly de- voted to him and striving to add something to his comfort and happi- ness - a family that has deserved all the affections of his heart, stimulated his pride, increased his hope and contributed to his success in life and augmented his happiness.
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