USA > Ohio > History of the Ohio falls cities and their counties : with illustrations and bibliographical sketches, Vol. II > Part 38
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Among the first Catholics in New Albany was Louis Brevette, a Frenchman, who kept a grocery on the corner of Lower Fourth and Main streets, at whose house Catholic services were generally held in New Albany. Another of the first Catholics in town was Nicholas Specker, also a Frenchman and groceryman; another was Mr. Ferry, a laborer, and a little later came Henry Trustage, a shoemaker. There were some others whose names cannot now be recalled. All were poor and unable to raise the means to build a church, and therefore contented themselves with regular attendance at St. Mary's church, and oc- casional meetings at each other's dwellings.
In 1836 they had grown sufficiently numerous to be able to erect a church building, which, with . some help by the Catholics of other churches, they succeeded in doing on the corner of Seventh and Market streets. It was a long, low, frame
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building and is yet standing on the rear end of the same lot, and is used by the sisters as a school building. This lot is about one hundred feet front. When this church was built there were quite a number of Catholic people in town, among whom were the following: Jacob Massie, Nicholas Cortz, Henry Trustage (who owned property and kept a shoe store on State street), John Gladden, Henry Cotter, Henry Vohart, Coonrod Broker, Adam Knapp, Charles Mc- Kenna, John Gerard, John and Michael Dough- erty, John Mullin, Timothy Flannagan, Mathias Flannagan, Patrick McGuire, Gasper T. Yoke, John Thy, Barney McMannus, Daniel Orman, Lawrence Orman, John Pendergast, James Or- man, Patrick Leyden, Thomas O'Brien, Thomas Riley,' and probably a few others, all of whom were heads of families.
It was not until 1850 that the Catholics of New Albany were strong enough to contemplate the erection of a new and more commodious church edifice. Father Louis Neyron was at that time the officiating priest. He was a live, active, energetic Frenchman, who had been en- gaged in the Napoleonic wars, and it was princi- pally under his management, guidance, and assistance that the present building known as the Holy Trinity church was erected. So deeply was he interested in the success of the under- taking that he put about eight thousand dollars of his own money into the building, and is yet receiving a yearly income from this investment. He is now quite aged, and for many years has been connected with the Notre Dame college at South Bend. Holy Trinity church probably cost thirty thousand dollars, which at that date was a large sum of money to put into a building.
At the present time about three hundred fam- ilies are connected with this church, and more than three hundred children attend the Catholic schools, five teachers being engaged. There are three school-houses and two dwellings, one of the latter for the teachers and one for the sisters. Both the church and the parsonage are situated on one lot, and both are brick, the latter costing about five thousand dollars. It was erected in 1871.
The Catholic church had a rapid growth from the date of the building of the new church edifice, and was probably nearly equally divided in nationality between the Irish and Germans.
About 1854-55 the German Catholics, feeling themselves strong enough to support a church of their own, established
THE ST. MARY'S GERMAN CATHOLIC CHURCH.
The building is located on the corner of Spring and Eighth streets and is one of the finest and most substantial churches in the city. Prior to the building of Saint Mary's church meetings were held several years in the parent church, Father Weitz being the priest during the greater portion of the time services were held here, though Father Monsheno was the first pastor of the German organization.
After a few years upon appeal by the Ger- mans, the bishop divided the church property, giving one half of it to the Germans and requir- ing the parent church to pay for the same. With the fifteen thousand dollars thus secured they erected their present building, and have since made some additions. This is at present the largest congregation of any denomination in the city, there being about five hundred families con- nected with it. Father Edward Fealer was very active in the building of the new building and was the first officiating priest. He was suc- ceeded by Father Casper Doebenir, who in turn was succeeded by the present pastor, Father I. Cline.
In 1879 this church erected a very fine schoo! building for boys on Eighth street, between Elm and Spring, costing them about $8,000. On the same lot upon which the church stands, but fronting on Elm street, stands what is known as St. Mary's Female academy, a first-class Catholic institution under the charge of the society of Sig- ters of St. Francis to whom the building belongs.
It is a commodious brick building five stories in height and cost originally $24,000, but was purchased by the Sisters for $ 18,000, and is kept for the sole use and benefit of the German Cath- olic church, under whose supervision and general control it remains. A large number of Catholic children, not only of New Albany, but the sur- rounding country and from distant points are ed- ucated here. The male and female apartments of the different Catholic schools are separate, the larger boys being under charge of male teachers while the smaller children and the girls are under charge of the sisters.
The entire property of this church is probably
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HISTORY OF THE OHIO FALLS COUNTIES.
valued at $50,000 or $60,000. Both churches maintain several schools and are very prosper- ous.
CHAPTER XI. NEW ALBANY-BENCH AND BAR.
FROM THE RECORDS.
The following extracts from the proceedings of the commissioners regarding carly court mat- ters and early legal proceedings are deemed proper in this connection. The duties of the commissioners were varied and much more ex- tended than at present, and included much busi- ness now belonging exclusively to the courts.
At a regular meeting May 17, 1819, S. Hob- son and John V. Buskirk were appointed con- stables for one year for New Albany township, Patrick Leyden for Franklin, and Syrenus Em- mons for Greenville township. At the same date the first lister of Floyd county made his re- turn of the county levy for the ensuing year.
Ordered, That Dr. Ashel Clapp be appointed overseer of the poor for New Albany township, in place of C. Woodruff, who is absent.
May 19, 1819, the first county seal was pro- cured by Joel Scribner, as appears by the follow- ing entry :
Ordered, That the county treasurer pay Joel Scribner ninety-six dollars and seventy-five cents when in funds, it be- ing for books and county seal procured by him as per bill rendered.
At the regular meeting at Seth Woodruff's, August 9, 1819, it was-
Ordered, That Caleb Newman be allowed sixty-five cents for his services at the polls of election.
At the February session of 1820 the treasurer was ordered to pay Clement Nance, Sr., $12 for his services as probate judge at the last Decem- ber term.
November 10, 1819, the county treasurer, James Scribner, submitted his report of the re- ceipts and expenditures of the county during the year. The receipts were $251.11, and the disbursements $208.97, leaving a balance in the hands of the treasurer of $42.14. The total amount of the tax levy was $803.29, Sheriff Bes- ser being the tax collector.
The first grand jurors of the county were Charles Paxson, James Hickman, Ashel Clapp, Jacob_Yenawine, James B. Moore, Absalom Little, Joseph Whitcomb, Joseph Benton, Isaac Wood, Joshua Cooper, Thomas Akers, Wyatt P. Tuley, Apollos Hess, Robert Stewart, Mordecai Childs, and George McDougal. Each of them received $3.75 for his services at the December term of court in 1819.
At the February session of 1820 Seth Wood- ruff was paid $14 for services as judge of the probate and circuit courts; he was also paid $30 for the use of his house for the meetings of the commissioners for the year 1819.
At the May term of 1820 Sheriff James Besse was ordered to take the enumeration of the in- habitants of the county over twenty-one years of age.
At the August session of 1820 the county treasurer was ordered to pay "James Besse, sheriff, $197.50 for services of two men to guard the gaol," from May 28th to August 15th, or at the rate of $1.25 per day. At this term Daniel H. Al- lison appears as commissioner.
May 22, 1821, "Ordered, that the county treas- urer pay the trustees of the Presbyterian church $ro for the use of their house for the meetings of the commissioners during this term." At this session a poll tax of fifty cents was levied on all male citizens over twenty-one years of age, and twenty-five cents on each work ox in the county.
The August session of 1821 was held at the Presbyterian church, where they also met in No- vember of the same year, but "for convenience" adjourned to the house of Seth Woodruff, then kept by Apollos Hess. Wyatt P. Tuley is al- lowed $10 for house rent and firewood for the September and December terms of the Floyd county circuit court, which was held at Seth Woodruff's.
At the February session of 1821 Preston F. Tuley is paid $12 for his services as an officer of the circuit court of the September and De- cember terms. Clement Nance is paid $10 and Seth Woodruff $14 for services as associate judges at the previous September term of court.
At the August session of 1823 Harvey Scrib- ner was appointed treasurer in place of James Scribner deceased. Harvey Scribner was, there- fore, the second treasurer of the county. He did not seem to like the place, however, and resigned
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in November of the same year, and Edward Brown was appointed in his place. Brown held the place but a short time when he was suc- ceeded in February, 1824, by Richard Comly, who served as treasurer of the county until 1828.
In August, 1824, Walter W. Winchester ap- pears as a commissioner in place of Mr. Nance.
In September, 1824, by an act of the Legisla- ture, the office of county commissioner was abolished, and the justices of the peace in each county were required to take the place of the commissioners by meeting and organizing for business as a body. This organization was known as the county board of justices. The first body of this character that assembled in New Albany was composed of Charles Woodruff, David Sillings, and Jacob Bence, of Franklin township; David S. Bassett, Rowland S. Strick- land, , and Lathrop Elderkin, of New Albany township; and William Wilkinson, of Greenville township. They met at Seth Woodruff's tavern on the 6th of September, 1824, and organized by electing Lathrop Elderkin president. Their second meeting, in the following November, was at the new court-house.
November 8, 1825, John K. Graham is au- thorized to make a map of New Albany, provided the corporation will bear half the expense, the whole expense being $6.
The board of justices did not last long, and was again superseded by the commissioners, which office has been continued to the present.
THE FIRST COURT.
The following is the first entry in the records of the Floyd county circuit court:
Be it remembered, that this, the roth day of May, A. D. 1819, being the day appointed by an act of the Assembly, en- titled an act to amend the act entitled an act to divide the State of Indiana into four circuits, and to fix the time for holding courts; and an act entitled an act for the formation of a new county out of the counties of Harrison and Clarke, which last-mentioned act directed that the court should be holden at the house of Seth Woodruff, Esq., in the town of New Albany, on the day and year above mentioned.
The Honorable Davis Floyd, president of the second cir- cuit, appeared, and
Present the Honorable
DAVIS FLOYD.
The proceedings of this court were not ex- tensive at this sitting, the court contenting itself by merely appointing the necessary officers to get the machinery in motion, and admitting to practice the few attorneys present.
Isaac Van Buskirk appeared and produced a commission signed by Governor Jonathan Jen- nings, appointing him judge of the circuit court. Joel Scribner appeared with a similar commission appointing him clerk of said court, and James Besse with a commission appointing him sheriff of the county. These were the first officers of the county.
The lawyers admitted to practice in this court at the first session were John F. Ross, Reuben W. Nelson, Isaac Howk, Mason C. Fitch, Wil- liam P. Thomasson. James Ferguson, John A. Dunbar, Hardin H. Moore, Experience P. Storrs, Timothy Phelps, Henry Hurst, and John H. Farnham. Mason C. Fitch was appointed the first prosecuting attorney of the county.
EARLY TRIALS.
One of the most important trials in this court in the beginning of its history was that of Dah- man for the murder of Notte, an account of which appears elsewhere.
In the early days of New Albany there were many trials, generally before justices of the peace, in which the defendant was a runaway slave, or at least generally supposed to be. So near was it to the borders of a slave State that slaves were frequently escaping across the river, and many others who had been freed by their masters became residents of the place, and some of these were occasionally arrested and attempts made to force them back into slavery, which caused trouble. So many people from Pennsyl- vania and the New England States were settled here that the general sentiment of the people was averse to slavery, and inclined to assist the slave to freedom rather than retard his efforts in that direction.
In the spring of 1821 a negro named Moses was arrested here by a party of Kentuckians, who were about taking him across the river as a runaway slave. The negro protested that he was a free man, born in the adjoining county of Clarke, but his protestations were of no avail, and he was taken to the river bank to await the arrival of the ferry-boat. It happened that Judge Seth Woodruff had been across the river and was returning on the same boat that was to convey the prisoner across. Immediately on landing the prisoner sought Mr. Woodruff's pro- tection. The judge was something of an abo-
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litionist, and a man with a keen sense of justice and of great physical strength. He immediately informed the Kentuckians that the man could not be taken across the river in that way; he must have a hearing-a fair trial before he could be given up. He was not opposed to men claiming their own property, but the question as to whether the negro was their property must be thoroughly investigated. Woodruff was backed by a few friends, and the Kentuckians, not being strong enough to resort to force, were compelled to return with their captive and stand trial. The trial was at Woodruff's tavern before 'Squire Bas- sett, and the negro was able to prove very con- clusively that he was born in Clarke county, and had never been a slave. He was declared by 'Squire Bassett to be a free man. Meanwhile other Kentuckians had arrived, and all were well armed and determined to take the negro right or wrong, so when the decision was rendered a general and desperate fight took place for his possession, but the excitement had been consider- able, and the New Albanians had gathered in considerable numbers to see that 'Squire Bassett's court was not overawed. The Kentuckians were beaten and compelled to retreat without their man. Quite a number were hurt in the melee, but fortunately nobody killed. Subsequently the negroes, understanding that they would find protection in New Albany, flocked in there in such numbers that they became a nuisance, and the people at one time gathered and shipped a squad of them down the river with positive in- structions not to return.
THE LAWYERS OF THE COUNTY.
The following regarding the bar of New Al- bany is, substantially, from a manuscript on the subject furnished by Mr. Thomas Collins, one of the oldest residents of New Albany, he hav- ing settled in the place in 1827:
When the county of Floyd was formed the first court was held at Seth Woodruff's tavern, Judge William Floyd presiding. The lawyers in attendance were from the adjoining counties of Harrison and Clarke, and of those in attendance Reuben W. Nelson was the first to locate in the town. He was a good lawyer and highly es- teemed. He was editor of the Crescent. His death occurred a short time after his settlement here.
About this time Lathrop Elderkin located here and began the practice of law; he was elected justice of the peace, and continued in office several years until he died. He was a gentleman of good education and many good qualities, but a careless manager. He had the good will of the citizens in a great degree.
HARDIN H. MOORE early established himself in practice here. He was better qualified, both by education and inclination, for politics than for law, though he was very successful in his prac- tice, and was considered almost irresistible be- fore a jury. As a politician he was usually suc- cessful among those who knew him, and fre- quently represented his friends and neighbors in the State Legislature, but his efforts for higher positions were always failures, always receiving, however, respectable support. His last canvass was made against Hon. John Carr, of Clarke county, for Congress, and failing he left this sec- tion and went to New Orleans in 1833, where he died.
. RANDALL CRAWFORD came to the town about 1827-28; he was a scholar and a well read law- yer, perhaps the peer of any other in the State; a close student, and a man of good habits, but he lacked those social qualities so necessary to rapid advancement. Sternly honest and loyal to his clients, he slowly but surely made his way to a large practice and a handsome competence. He was an ardent Republican, and was placed upon the electoral ticket for Fremont in 1856, and industriously canvassed the district in the interest of his party. He was not an orator, though the matter of his discourses was always good and sound; his delivery was cold, impas- 'sive, lacking that spirit and fire that are neces- sary to carry a political audience with the speaker. He died about the close of the war.
HENRY COLLINS came to the town in 1830, and established the Gazette newspaper. He was a lawyer, and, in addition to his editorial duties, practiced his profession. He continued thus five years, when he gave up the paper, and ap- plied himself solely to the practice of law. He was a straightforward man, rather blunt in his manner, but with his friends social and jocose. He was exceedingly careless in his dress, rarely paying attention either to his own or other peo- ple's clothes. At one time when he was called to Bedford in some case, he met some of the
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first lawyers in the State, among whom were Richard W. Thompson, late Secretary of the United States Navy, and Major H. P. Thornton, who was his friend and former preceptor. The major, who was somewhat fond of dress, and al- ways wore his best, thus accosted him:
"Henry, why the deuce do you not wear better clothes when you go away from home?"
" Well," replied Mr. Collins, "it makes no difference; nobody knows me here."
"But you do not wear any better clothes at home?" retorted the major.
"It makes no difference again," replied Mr. Collins; "everybody knows me there."
Henry Collins was elected recorder of the city under its first charter, and continued in this office until he died in 1852.
JAMES COLLINS, a brother of Henry, came to New Albany in 1833, from Orange county, where he had commenced the practice of law. He was the opposite of his brother in most all things except devotion to his friends. He and Randall Crawford had the bulk of the law business in New Albany for several years; they being on one side or the other of three-fourths of the cases before the courts. He was a good speaker and well read in his profession, but like most men of his time and profession gave much of his time to politics. He served six years in the Legis- lature-two years in the lower House and four years in the Senate. He was elected by the Legislature agent of the State in 1848, and after the expiration of his term settled down again to the practice of his profession. In 1869 his health failed him and he retired to his farm in Washington county, where he died in 1881.
MAJOR HENRY P. THORNTON, one of the oldest lawyers in the State, settled in New Albany in 1836. He was a man of great physical powers, and when sixty-five years of age would mount his horse and ride forty miles a day on his circuit without apparent fatigue. He was a lawyer of considerable ability but not enough of a student to keep pace with the more studious of the profession, yet he was fairly successful. He was several times elected by the Legislature to the clerkship of the House of Representatives, and also to the position of secretary of the Sen- ate. He removed from this city to Bedford about 1853, where he died at the age of nearly ninety years.
JOHN S. DAVIS also came to this place in 1836 and engaged in book-keeping for the large gro- cery house of Tuley & Brother, a position he held until he formed a partnership with Major Thornton in the practice of law. He always managed his cases with great shrewdness, and ranked high as a criminal lawyer; but with him as with others in the profession, he dabbled too much in politics to make a complete success as a lawyer. As a politician he was noted for his ability in organizing his party, and always man- aged his canvass so well that he generally secured a majority, or, at least, greatly reduced the ma- jority of his opponents. He was several times elected to the Legislature from this county. In 1847 he was a candidate for Congress against T. J. Henley, who had been elected two years pre- viously, and was now a candidate for a second time. The majority in the district was largely Democratic, being about seventeen hundred, but Davis was only defeated by forty-seven votes. An indefatigable worker in the party harness, his vote always exceeded the vote of his party. Al- though filling many positions his friends were unable to give him the position he most desired. In 1876 he was a candidate before the nominat- ing convention for Congress in opposition to Judge Bicknell, but was defeated. The same convention nominated him for judge of the cir- cuit court, to which office he was elected and retained until his death in 1880. He was a man of positive character and had many warm friends and some enemies. His loss was greatly de- plored by a large circle of friends and acquaint- ances.
THEODORE J. BARNETT came to New Albany in the same year (1836), and was engaged on the editorial staff of the New Albany Gazette, and practiced law at the same time. He was a man of splendid attainments-an excellent writer, a fine speaker, and a superior scholar. He was ever ready to write an essay or make a speech, and his efforts in either direction would always command readers and listeners as would no other speaker or writer of his time, unless, per- haps, Joseph S. White, on the forum, or George D. Prentice on the tripod. He went from New Albany to Indianapolis in 1841 and assumed the editorship of the Indiana Journal. Remaining there only a year or so he returned to New Al- bany, where he remained a few months, then
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took his departure for New York city, and has since resided in the East, part of the time in Washington city. He was a genial, kind-hearted gentleman, and with his talents and industry should have occupied a high position in the State and Nation, but his erratic or vacillating disposition was the stumbling-block in the way of his advancement, and thus his splendid talents went for nothing. This defect in his disposition destroyed all the good that a genius like his might have accomplished. He is yet living, though quite aged, and retains the respect and good wishes of all who know him.
It was also in the same year, 1836, that a young lawyer by the name of Groves settled in New Albany. He remained but a short time when he removed to the northern part of the State. He was here long enough, however, to find himself a wife in the person of Miss Dorsey, a daughter of P. M. Dorsey, then mayor of the town.
The year 1836 seems to have been prolific in the advent of lawyers into New Albany. Young Mr. Griswold also came in this year. He was a most amiable and cultured young man, well read in his profession, and a graduate of one of the best law schools in the country; but his somewhat æsthetic tastes and fine moral sense were not calculated for the profession of law in a backwoods town, and he remained in New Al- bany but a short time. Returning to New York he prepared himself for the ministry, and in 1844 went to St. Louis to take charge of a church in that city. He was a thorough gentleman and a Christian.
WILLIAM McKEE DUNN, at present advocate- general of the United States Military court, came to this city from Madison, Indiana, in 1838. He was a good lawyer, fine speaker, and did good service for the Whigs in the canvass of 1840. He made many friends here, but removed to his old home in 1842, since which time his career has been one of usefulness to the country.
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