Bartholomew County, Indiana - Chapter 5: I'.y Col. S. Stansnxr, 1888

Ben'ch and Bar - First Courts - Adoption oi" Skal - Early Ca!>1'-s - Misci^llaneous Items - Judges of Circuit AND Common Pleas Courts - Associate Judges - Prosecuting Attorneys - Clerks - Sheriffs - Roll of Attorneys.

HE importance of courts of law cannot well be over estimated. To sa}' that without law anarchy would reign, is trite. The law without courts would be a dead letter. The church, notwithstanding its high and hoi}' mission, but for human law, would be powerless, and the claim that such laws are, or ought to be, inspired by Divine Law, is not disputed; but whether so inspired or not, they must be executed by the courts. The judge, the clerk, the sheriff and attorneys are each and all officers and integrals of the court, and in order that justice may be administered, the officers from the highest to the lowest ought to be men of known integrit}', and peculiar fitness for their positions.

In this State the Circuit Court has always been a court of general jurisdiction, and other courts were aids or rehefsfor that court; therefore this chapter will be devoted mainly to the Circuit Court. From the time of its first organization to the adoption of the Code of 1852, the Circuit Court was presided over by a President Judge, a man "learned in the law," and two Associate Judges in each county elected b}^ the people. The Associate Judges presided in the absence of the President Judge and with him when present, with the power, but rarely exercised, to overrule the President Judge. By the Acts of 1852, Associate Judges were dispensed with, and the Court of Common Pleas w^as created, with exclusive jurisdiction over estates and guardianships, and largely concurrent jurisdiction with the Circuit Court, except cases involving title to real estate, actions for slander, libel and breach of promise to many.

Tlic Circuit Court retained exclusive jiu-isdiction over felonies, exctqit enumerated cases for the benellt of defendants, in order to secure a speed}' trial; exclusive jiu'isdiclion over misdemeanors Avas g"i\'en to the Court of Common Pleas, except the cases over Avhich Justice's coiu'ts had exclusixe jurisdiction. liv the Act of March 6, 1873, the Court of Common Pleas \vas abolished and all matters confided to it restored to the Circuit Court. Bv the Act of June 11, 1852, a Court of Conciliation was created providing that any person claiming to have a cause of action against another for libel, slander, mahcious prosecution, assault and batteiy or false imprisonment, might serve on him a written notice briefly stating the cause of action, and requiring him to appear at a time and place named before the Judge of the Court of Common Pleas. None but the parties, guardians of infants, husbands of wives, parties plaintiff or defendant, were permitted to appear at the hearing. It was the dutv of the court to affect a reconciliation if it could reasonably be done, and if settled the entry thereof ended the matter. Without such notice and appearance of the plaintiff before the Court of Concihation, he could not recover costs in the action, and if the defendant failed to appear, then if he defeated the action, lie could not recover costs. In theory the law was a good one, but in practice it was a failure, for the parties appeared, but refused to be conciliated. The law was soon repealed.

Before the adoption of the code of 1852, the common law practice prohibited actions at law and suits in chancery; actions at law being sub-divided and classified, assumpsit, debt, trespass, trover, ejectment, etc. B}' the code, the distinction between actions at law and suits in equit}' and all forms of action, were abolished, and one form for all actions provided, a complaint stating the facts constituting the cause of action. This radical change, notwithstanding its tendenc}- to obscure the salutaiy principles that obtained in chancery courts, and to encourage loose pleading, has on the whole, worked well, under the new order of things, whilst before, chancery cases were tried by the court, all cases at the election of either party were tried b}' a juiy, and in cases that would have been chancery causes, suits for the settlement of long and intricate partnerships, there was frequentl}' a miscarriage of justice, for jurors were not allowed even to take notes of tlie evidence. This condition of alfairs \vas remedied by the code of iSSi, which provides that all ca<t's, ^vhich before the code of 1852, were of exclusive chancery jurisdiction, shall be tried by the court.

The iirsl Order Book of the Circuit Court, unnamed and unnumbered, (^the next being Order Book A), is unpag'cd and unindexed; containing about fifty pages, dimly and in many parts almost illegiblv written. It was evidently made up of loose sheets of paper afterward fastened together in a paper cover as it now is. The first da3''s preceeding read as follows: -

" At a circuit court begun and held at the house of Luke Bonesteel, on Monday the twelfth da}' of March, 1821, in and for the County of Bartholomew, in the 2nd Circuit of the State of Indiana, Being the 2nd Monday in March aforesaid. Thereupon comes the Honoroble John Pence and Ephraim Arnold Esqrs., who producing their commissions severally from under the hand and seal of His Excellency Jonathan Jennings Governor of the State of Indiana as Associate Judges of Bartholomew County, together with an indorsement on the back of each from under the hand of Joseph McKinne}'^ Sheriff of said County of their having taking the necessar}' and lawful oath of office as Associate Judges aforesaid, and took their suats accordingly. Thereupon comes Edward Balinger Esqr. and produces to the court a commission from under the hand and seal of His Excellency, Jonathan Jennings Governor, of the State of Indiana, as Clerk of the County of Bartholomew, together with an indorsement on the back thereof, from under the hand and seal of the Honorable Ephraim Arnold Esqr. one of the Associate Judges of the Count}- aforesaid, of his having taken the necessary and legal oath of office as Clerk aforesaid, and commenced to discharge the duties of said office. Thereupon the court proceeded to appoint John F. Ross, Esqr. prosecuting attorney during the present term of this court who was duly sworn into office as such. Thereupon came Joseph McKinney, Esqr. Sheriff of said County, with a panel of a grand jury, towit: Ebenezer Ward, I ; John Lindsey, 2; Abdiel Parsons, 3; William Carter, 4; Elijah Sloan, 5 ; Joseph Cox, 6; Samuel Downing, 7; Jacob Gabbard, 8; M. Boaz, 9; Robert Wilkinson, 10; James Goodwin, 11;

James Quick, 12; Daniel Akens, 13; Nathan Thompson, 14. Good and lawful men and houseliolders of his bailiwick, win- being empanelled sworn, and Ebenezer Ward, being appointed and sworn as |foreman, retired from the bar of the coiu't, to consult of their presentments and indictments. On motion of John F. Ross, Es(|r., Alexander Ilolton, Reuben Nelson, Daniel Grant, and James Melaney, are admitted as counsellors and attorneys at law in this court, they having produced satisfactor}- evidence of having been licensed as such. Oa motion of 1^. W. Nelson, Esip-., James Braman, John F. Thompson and Isaac Naylor, are admitted as counsellors and attornies at law, in this court, the}' having produced satisfactor}' evidence of their ha\'ing been licensed as such.

" The Grand Jury now return into court, the following bill of indictment: The State of Indiana vs. Henr}- Harmon and Michael Van Blaricum, for an affray. Dul}' signed b}' Ebenezer Ward, their Foreman, and having further business, retired out of court. Ordered that the court stand adjourned until to-morrow morningnine o'clock.

On the second da}- it was " ordered that the clerk of this court be authorized and he is hereby empowered to use his own private seal until the seal of this court can be procured." The grand jury returned the following indictments: The State of Indiana vs. Joseph McKinney, assault and battery. The State of Indiana vs. William McFall, assault and battery. When the indictment against INIcKinney was returned he entered a plea of guilty - " Wherefore it is considered by the court now here that the Defendant Joseph Mc- Kinney do make his fine to the State of Indiana tor the use of count}' seminaries for the Count}- of Bartholomew in the sum of five dollars together with the costs of suit and the defendant in mercy, etc." So that the second indictment and first trial or conviction was against the sheriff. On the same day (the second of the term) the following proceedings were had in the State of Indiana vs. William McFall - " And now at this time came the prosecuting attorney and the defendant in his proper person who being arraigned says that he is in no wise guilty as charged in said in- dictniciil and for his trial puts liimsflf upon the country and the attorney proseculino- doeth the hke and on motion and by consent, this causH? is hud over for trial until tomorrow morning and the defendant is ordered- into the custody of the sheriff."

No other business was transacted on tlie second day exxepl the return of indictments against Cotton Kent, James Burns and Wiley Powell, each for assault and battery. The hrst entry in the third day's proceedings is as follows:

This day comes the Prosecuting Attorney and the defendant also appeared at the bar of the court in custody of the Sheriff and puts himself upon his trial upon the issue heretofore joined, and thereupon comes a jury, to-wit: Peter Frank, Woodson D. Parker, Daniel Sublet, Samuel White, Peter Shull, William Storm, Menry Farmer, Jesse Smith, Lewis Neel, Stephen Spencer, David Parker and John McEwen, twelve good and lawful men, three of which the Sheriff summoned of the bystanders to make up the deficiency, the names of which are as follows, to-wit: Lewis Neel, Stephen Spencer and David Parker,- who being elected, tried and sworn, well and truly to tr}- the issue joined, retired from the bar to consult of their verdict, and after some time spent therein, came and returned into court the following verdict, to-wit: "We the jur}- do find the defendant guilty and assess his fine at fifty cents." Then follows judgment for the use of the county seminaries of the county. The next entry is the approval of the bond of Edward Balinger as Clerk in the sum of $2,500 with John Parker and Jesse Ruddick as sureties. The next entr}- is a plea of guilty by Henry Harmon on the first indictment returned into court against himself and Van Blaricum. He was fined $2 and the case continued as to Van Blaricum. The next entry is as follows: " Ordered, that the prison bounds of the Count}' of Bartholomew be co-extensive to the out line of the town of Tiptona, agreeably to the bonds the Count}' Commissioners hold for deeds from Tipton and Bonesteel."

onnienl of the dcfciKlanl in the couiiU' jail iiiUil iho pavincnt was made; tliis, unless he gave bond to remain within the prison bounds tlie above order; a prisoner g'iving such bond, liaJ tlie freedom of tlie town. Tlie origiiKil name of Cohnubus was "^Fiptona, and Luke Bonesteel and General John Tipton executed title bonds each for thirt}- acres, to John Farquar, trustee, constituting the territory of the original town of Tiptona, afterward Columbus; the change of the name was made by the County Commissioners, March 21, 1S21.

The first civil causes appearing (June Term, 1S21) are James Pendergrast, plaintiff, vs. Peter and Stephen Frank, defendant - In debt. William A. Beatt}', Plaintiff, ^'s. William Stowers, Lewis Ritter and Alexander C. Craig, defendants - In debt. John H. Spurgin, plaintiff, vs. John I^.erry, defendant - In case.

At the October term, 182 1, Davis Floyd, the President Judge for the first time presided. Sheriff JMcKinney was fined $20 for contempt of court, the nature of the contempt not being disclosed. At a later day of the term (October, 1821) the fine was remitted. At that day the retail liquor traffic was licensed b}' the Circuit Court and the first license was granted on the 13th da}'- of October, 1821, to John Young.

At the April term, 182 1, the first divorce suit, Polly Piatt vs. James Piatt, was instituted, and it appearing that the defendant was a non-resident, it was ordered that publication of the pendency of the suit be made four weeks " in some newspaper printed in the the state." At the October term the divorce was granted.

At the April term, 1S22, the first indictment. State vs. Harmon and Van Blaricum, was finally disposed of by the conviction of Van Blaricum and a fine of " 6y^ cents." At the same term, David Stipp was " licensed to keep a tavern and retail spirituous liqiiors i;, the town of Columbus," and George Zowers was indicted " for challenge to fight a duel." At the following July term he was tried by a juiy and acquitted. At the April term, 1823, it was " ordered that the seal, the impression whereof is here made on the margin, procured by the Clerk in pursuance of an order made heretofore, be and the same is hereb}'' deemed, adopted and recognized to be the seal of the court and that it be used, kept and preserved

At the April .term of court, 1822, tlie llrst rules of court, thirteen in number, wore adopted, all in line witli tlie present practice except perhaps the lOLh, nth, 12th, and 13th; tliey are as follows:

"loth. The punctual attendance of counsel will not be dispensed with after appearance, and no suit dismissed will be reinstated or interlocutory judgment entered, will be set aside, when the same has happened b}- reason of a w-ant of sucb punctual attendance, but upon proper aflidavit and at the cost of the delini[uent. "nth. The clerk will in no case permit papers to be taken from his office except by a member of the court from whom, except in term time, he Avill take a receipt. He will furnish parties applying with copies they paying his fees therefor.

" 13th. No person will be permitted to appear in this court out of favor, unless he has first obtained the signature of the President Judge of the court to his license, or unless he produces a well authenticated license from some court of another state in whose courts attorneys of this state are permitted to appear and practice."

" It is ordered as a standing rule of this court, that if an}- part}'- withdraw a plea, replication or other pleading in fact, and demur to the pleading to which his former pleading professed to be an answer, judgment upon such demurrer will be rendered and he will not be permitted to withdraw such demurrer. Further that after opinion intimated upon demurrer and joinder to any pleading, the party pleading such plea may amend, after which if demurrer and joinder be filed to such pleading, such plea may be amended; after which if demurrer and joinder be filed to such pleading so amended, judgment will be rendered and no further leave to amend will be given, but such part}', if plaintiff, may dismiss his action without prejudice, or suffer a discontinuance, after opinion intimated as aforesaid the party demurring may withdraw his demurrer by pleading issuablv to tb.f counlry instanlcr." This, wliich to some extent modilied the cununon law rule of jiractice, may seem liarsh ahd calculated to defeat justice; still on the other hand, re(iuiring as it did, close thought and thorough preparation, cases were pronipth- put at issue, clearly- and well delined. So thoroughly up were attorneys generally in the science of pleading, that the penalties of the rule were but seldom incurred. The first court was in an old log house, owned by Luke Bonesteel, on lot 119, and near the old county bridge afterward was; and until the court house on the public square was erected, courts were held at a room fitted up by Philip Sweetser and at the "taverns" of Thomas Hinkstoii and Newton Jones.

But two persons have suffered the death penalty in Bartholomew County, John Jones for the murder of John Ray on Saturday, June II, 1831, and Kader Herring for the murder of John Comer. They were both executed at the same time on Friday, the nth day of June, 1833, then on the outskirts of Columbus and near where the Elm (now Farley) House stands. They were executed by Sheriff John INIcKinne}', sm-rounded by a squad of militia detailed by Col. Thomas G. Lee, Lieutenant Colonel Joseph IMcFall and Major Samuel Beck, in command of JNLijor Beck. The militia escorted the condemned from the jail with drum and fife, to the gallows. Jones was haggard and weak, seeming fully to realize his situation; Herring was stolidly indifferent. On the scaffold prayer was offered by Rev. Joshua McQueen, and also a local Methodist preacher, who addressed a few remarks to the prisoners, to which Jones responded with much emotion, but Herring said nothing. Jones and Ra)' were good citizens and fast friends, and probabh' would have remained so but for whisky. They had been treating each other, and, on their way home on horseback, Jones accused Ra}' of lying to Jesse Ruddick, when Ray struck Jones a powerful blow in the mouth, nearly unseating him. Jones feeling for his knife, Ray struck him again on the side of his head, and seized him by the back of the collar of his coat in such a way that Jones' first thrust with his knife struck his own mare in the neck, and striking at random again, he stabbed Ray through the heart. Jones was tried three times, each resulting in a conviction for murder in llic llrst deg'rec. There were two reversals hy the Supreme Court; the last conviction was not appealed from. With the law administered as it now is, Jones would cither have escaped or been convicted for manslaughter only. It is reasonalily certain that the law was administered with too much hardship. Jones' son, Robert, impoverished, bankrupted himself in the defense of his father. He lived to be an old man, respected and honored by all, dying but a few years ago. Herring and Comer were good citizens and neighbors, and related by marriage, Comer's wife being Herring's niece. They were visiting Herring. Herring exhibited a cow bell, which he said he found. Comer claimed the bell, at which Herring took offense, and used such abusive language that Comer and wife started to leave, and Herring taking down his gun, Comer ran, but before he reached the yard fence, Herring shot him down. Herring reloaded his g-un and stood guard over the corpse, refusing to permit an}' one to come near for hours, and fmalh' left of his own accord. His defense was insanit}-, and his conduct on that occasion and evidence at the trial of frequent indications of insanit}-, as also of insanit}^ in his faniily, together with his conduct, when executed, led man}- to belie^-e that his plea was well taken. The behef soon became general that he was insane.

Judges of tlic Circuit Couii. - Davis Flo^d, a soldier in the War for Independence, was the first Judge. He had been tried for complicity in the Burr conspiracy and sent to jail for one hoiu", but restoring himself to public confidence by gallant service in the War of 1812, he was appointed Judge. He presided but one term (October, 1821), the Associate Judges presiding in his absence, until the 15th day of July, 1822, when William W. Wick, of Indianapolis, succeeded Judge Floyd as President Judge.

Judge Wick was a man of fine literary and legal attainments, and notwithstanding the fact that he was a politician, made an acceptable Judge. He was twice Judge, a member of Congress, and filled many other ofiices with honor to himself and satisfaction to the people. He died, at Franklin but a few years ago. At the March term, 1825, he was succeeded by B. F. Morris, of Indianapolis. Judge Morris was a ripe scholar, well grounded in the elementary principles of the law and served with much satisfaction to the Ixir and litigants until his term cx]iiri'd, wlieii he was succeeded by Judge Wick, who, at the exjiiralion of his term, was vsucceeded b}- James iMorrison, of Indianapolis. Judge >Forrison Avas pre-eminently (pialified for the ]v>sition. After he I'etired from the bench, and even from the actual practice of his profession, so higlilv was he esteemed as a judge of law and for his unswerving integrit)-, that imjiortant ([uestioii: of law involving large interests, were frequently submitted to him bv both sides, and his ojiinions cheerfully acquiesced in, thus avoiding the bitterness, delay and uncertainty of litigation. He always declined to investigate for an opinion favorable to the applicant, when applied to but by one side, but contracted in advance for an investigation, the fee being the same whether the opinion should be favorable or unfavorable.

William J. Peaslee, of Shelb}ville, succeeded Judge IMorrison. Judge Peaslee was not "learned in the law%" and gave indifferent satisfaction. He was succeeded by Courtland Gushing - a good lawyer, but overbearing and arbitraiy on the bench. Alexander C. Downey succeeded Judge Gushing. For a young lawyer. Judge Downey was admirably equipped in all respects for the position. Owing to inadequacy of salary he resigned. He has since served on the bench of the Supreme Gourt with distinguished ability, and is now engaged in the active practice of his profession. To fill the vacancy caused b}' the resignation of Judge Downe}'-, Governor Willard appointed John W. Spencer. Judge Spencer was not a good lawyer; he was stolid, without sensibility. The celebrated Mewherter case was tried before him. Execution against Mewherter for a large amount had been returned " no property found," and the plaintiff proceeded against him for execution against his body, charging that he had a large sum of money which he refused to apply in payment. Under the law, if the jury found that he had money, giving the amount, it was the duty of the court to imprison him until he disgorged. There is but little doubt that jNIewherter had a large sum of money, but he was a bad, desperate man, and before and during the trial he assured his attorneys and others that the plaintiff would not gain anything but a deackbody by a verdict against him. The jury found that he had some $13,000. Immediately upon reading the verdict Mewherter drew a pistol and shot liimsrlf (lead. Of course there was llie most intense exeilriiu'iil and confusion in court: not so, liow e\er, Avith Judge wSpencer; lie calmly di^ected the Sheriff to ri'nif)ve the bod\', and called the next case for trial. It was not tried that day. Josi'ph "W. Chajmian, of Madison, was the next Jud_i;e. lie was an able lawyer, but too technical for a Judge, and at times testy. On the whole, however, he is kindly renlembered bv the bar.

John G. ] Berkshire of Versailes, succeeded Judge Chapman. When elected, Judge Berkshire was just starting out as a lawyer, and being an almost entire stranger to the Columbus bar, then one of the ablest in the State, it was greatly feared that he would not give satisfaction. In this, however, the bar was most agreeably surprised, for no Judge ever before or since gave more general satisfaction. Judge Berkshire was well-grounded in the elementary principles of the law; had a well-balanced, discriminating, legal mind, and above all he was eminentlv fair and impartial. B3' a change, Bartholomew County was made one of anew circuit necessitating the appointment of a Judge which was received from Gov. Baker b}^ Samuel P. 03'ler, of Franklin. Judge Oyler made an acceptable Judge and was succeeded b}^ David Banta, of Franklin, who during the short time he was on the bench in this county was in ver}?^ poor health and for that reason did not appear to good advantage, although a ripe scholar and good lawyer. He is now with restored health engaged in an active, lucrative practice. During Judge Banta's term bj' another change, Bartholomew and Brown were made a circuit, and Gov. Hendricks appointed James S. Hester of Brown, Judge, who served under the appointment until the next election and was elected. Judge Hester was a trained law^-er, and until his health failed was one of the best Judges in 'the State. He died before his term expired.

Nathan T. Carr, of Columbus, was appointed, and at the next election was elected for a full term. Judge Carr was not a well-read law3'er; he was a man of bright, but not well-trained or balanced intellect. Because of his mental make-up and disposition he was arbitrary- and apt to take sides. Judge Carr was pre-eminently a jur}' lawyer. In politics he was bold, daring and aggressive, but too arbitrary and self-\villed for a successful politician. He was elected to Congress to liU the vacancy caused bv the death of ^M. C. Kerr, and the memorable Ilayes-Tilden c()ntr()\L-rsv was adjusted during the time he served. Almost alone he stood out against a compromise, lighting it with great ability and bitterness; and predicting the result which in fact followed. But when adopted, and when it seemed to him that undue obstructions to its consummation were interposed, he ren.iinded his party colleagues that the compromise was the creature of their own folly, as he tei-med it, and insisted that it be faithfully carried out. His objection to the plan of adjustment afterward gave him high standing in his party, and but for his domineering disposition, he would have been a successful leader. Dying before his term expired, Governor Porter, on the unanimous request of the bar of both counties, aj)- pointed Nelson R. Keyes, of Columbus, and although a Democrat in politics, so highl}^ was he esteemed, both parties endorsed him for election, and he was elected without opposition, and is now serving with great satisfaction not only to the bar but to the people. He is a well-trained lawyer, fair and impartial. Judge Keyes came from Kentucky to Columbus, when quite 3'oung, almost a stranger, and by his abilit}^ and gentlemanly deportment soon built up a large practice. Pecuniarily he made quite a sacrifice in abandoning the practice for the bench.

yiidgrs of the Court of Coniiuon Picas. - Zachariah Tannehill was the first Judge. He was a farmer-politician, not a lawyer, never having read law. He had a cop}^ of Greenleaf on Evidence; how or why he came by it no one ever knew certainly. It was suspected, however, that a certain attorne}' gave it to him, for on all occasions he read extracts from " Your Honors own book," which nine times out of ten, were wholly and insisted almost invariably, to the satisfaction of the court, that the law as "laid down " \)y Greenleaf, covered the case under consideration.

Tlie comedy case of the Slate of Indiana vs. Artliur Mukloon, ^vas tried wlfvn Judge Tannt- liill was on tlie bench. ?^Iuldoon getting tlie best of the fight with Terry INIurpliy, IMurpln', before his anger cooled, went to Samuel Kriddlebaugh, the prosecuting atlorne\-, " a constitutional" lawyer, and made aflulavit charging Muldoon witli assault and battter}-. Thc}' soon made friends and asked the prosecutor to dismiss. He indignantly refused to " compound a felony." They then employed an attorney to defend. Terry Murphy had a twin brother, Patrick jNIurph^y, and it was yery dillicult to distinguish the one from the other, except that Pat wore goggles. When the case was called for trial, Muldoon and Murphy with goggles on, took seats at the desk of the attorney for the defendant. The prosecutor with much feeling informed the court of the corrupt attempt as above indicated, commanded Murphy to take his seat where " in the eye of the law " he belonged, which he promptl}' did, and on the stand denied that he ever had a fight with Muldoon, insiting that he was a " good men and pacible gintleman." Showing him the affidavit, the prosecutor asked triumphantly: "Did 3'ou not make that affidavit?" "No sor." "Then who did?" "Me brother Terry, and it was no foight at al, at al, it W'as only a froiendly trial of strength." " Pray, sir^ inform the court who you are? " "Patrick Murph}', twin brother of me brother Terry." " Then what are you doing here? " " You called me sor, and besides me brother had to go to the State of ininois and his eyes being bether and mine sore, he loaned me his goggles, and gave me a power of attorne}' to schwear for him, which you can see for yourself," showing the prosecutor a crumpled paper.

Judge Tannehill was succeeded by N. T. Hauser, an attorney of Columbus, who made an acceptable Judge. Ralph Applewhite, an attorney of Brownstown, was the next Judge. He was an educated lawyer and made a most excellent Judge. Beatty McClelland, an attorne}' of Columbus, was the next Judge. He was well read in the elementary principles of the law, and made an amiable, courteous Judge, giving good satisfaction. Japtha D. New, an attorney of Vernon, succeeded Judge McClelland. He was a well equipped lawer, painstaking and conscientious. He afterward served in Congress and is now Judg\: of an adjoining circuit. Frank Emerson, an attorne}- of J5ro\vnsto\',n, was the last Judge. He \vas a man of strong convictions and somewhat arhitrarv. On the Avliole, howe\er, he is kindly remembcri'd by tlic bar.

S/ierifs. - Joseph McKinney, Daniel Zeigler, Gideon B. Hart, J. Hubbard, John F. Jones, John McKinney, William Brown, James Herod, William Hobbs, N. O. Hinman, W. B. Horn, Samuel Sluckey, Richard Carter, Thomas J. Kennedy, M. McGrayel, D. Lynch, Frank Whittington, W. B. Davis, T. F. Everroad, William R. Spurgin, M. L. Thompson, T, C. Burgess, James S. Brown. T//e Bar. - In early times and until about i860, la w3'-ers "traveled the circuit"; that is attended the courts of their circuit reo-ularly, and even beyond the circuit. About the time above indicated, this practice commenced falling off, and has almost ceased, local attqrne3'S doing largely the business of the county, where they are well supplied with hbraries and otherwise better equipped for their work than attorneys from a distance are likely to be. In early times good lawyers were thoroughly conversant with elementary principles; knew almost by heart, Blackstone, Chitty, Coke upon Littleton, Selwins, Nisi Prius, etc., and reasoned by analog}^ The}' were not case lawyers, because there were but few reports, and they diflicult to get. They were intellectual giants.

Philip Sweetser was born in New Hampshire, where he received a collegiate education. He taught school in Marvland and at the same time read law. In 182 1 he came West, locating in Columbus, where he soon took liigh rank as a lawyer. He was with- out ihe gift of oraiory, but calm, clclibcrativc and earnest, ami in this way a most clTeclivc udvocafc. lie possessed the happ\- faculty of seeming to ])e not the attorne}- for his client, but, on the contrary, the especial friend and adviser of the jury. Indianapolis offering a wider held, he located there in 1S37, and soon ranked amongst the foremost of the bar at that place. lie died in 1843 in the fifty-fourth year of his life.

The high and honorable position occupied b}' William Herod, demands a more extended summary of his life and career. He was born in Bourbon County, Ky., and with his parents in his early youth moved to Boone County, in the same State. His parents ver}'- poor in worldly possessions. The schools of that day were indifferent " winter schools," and consequentl}' his education was limited. He taught school and at the same time read law with Edward Armstrong, of Burlington, Kentucky. In 1S24, under the laws of Kentucky, he passed examination and was licensed to practice law, and in November of that 3'ear located in Columbus penniless and without friends. He was not long without friends, however, for by his engaging manners, high order of intellect, honesty and devotion to his profession, he soon acquired valued, life-long acquaintances and adherents, even if in after 3'ears he differed with them in politics. jMr. Herod was possessed of a strong, discriminating legal mind, well-versed in the foundation principles of his profession, but was not a good case law3'er. He knew what the law oui'ht to be, and was persuasively strong before the court, and usually convincingly so, unless the court was familiar ^vith, or the attorney on the other side produced, a decision the other way. As a jury lawyer he had but few equals. He discouraged litigation; never brought a suit luitil he was satisfied that his client was in the right. In order to arrive at a correct conclusion in this respect, he invariably put his client through a searching cross-examination, to discover the weak points in hi.'- .ase, if any. If his client persisted in what he suspected to be but one side of the case, he would ask him what the other side had to say about the matter, wh}^ he resisted, and this would ordinaril}^ disclose the weak point, if there was one. For the defense he pursued the same course, and if he found that there was no defense he would say so and refuse to de- fend, and if doubtful lie wuuUl advise a e()ni])r()niise. Although in the minority as a Whig and Republican, he was frequently elected to the legislature, both branches, and twice to Congress, and was elected and served one term as Clerk. In December, 1851, Mr. Herod formed a partnership with S. Stansilier, his nejihew, which continued until he was elected Clerk; at the close of his term he formed a partnership with his son, W. W. 1 lerod, which terminated his death.

A A. Hammond commenced the practice at Coluiubus, and soon rose to eminence and distinction in the profession. Seeking a wider field he went to Indianapolis, hut retained his practice at Columbus in partnership with Williani F. Pidgeon. In 1852, Mr. Hammond was elected Lieutenant Governor, with A. P. Willard, Governor, who died before the expiration of his term, Mr. Hammond succeeding to the office. Mr. Pidgeon continued the practice for man}" years with much success, when he located at Vincennes, and died there a short time since.

In 1852, Ralph Hill and AVilliam Mack, young men from Ohio, located at Columbus, forming a partnership. Mr. Mack did not remain long; went to Green County and then to Terre Plaute. He has risen to distinction, both as a jurist and politician. He is now on the Circuit Court bench. Mr. Hill soon acquired, and deservedly so, a large practice, which he retained until he went to Indianapolis a few years ago, where he is now engaged in an extensive practice. In 1864 he was elected to Congress.

Not long after Mr. Hill and Mr. Mack, Francis T. Hord, from Maysville, Kentucky, and just beginning the practice, came to Columbus. By his ability and untiring energy he soon built up and retained an extensive practice. He was elected to the State Senate in 1882, and in 1884 he was elected Attorney General, serving with distinguished abilit}'. At the close of his second term of oflice, he returned to Columbus, where he is engaged in the active practice of his profession.

On the death of his father, W. W. Herod, who, in man}'- respects, and especially so as a jury lawyer, was like his father, formed a partnership with Ferdinand Winter, then a promisingyoung lawyer. Soon after the}' abandoned an extensive business and ^\-c^t to Indiimapulis, where ihey no\v are enga^'ed in successful ]-iractice, Mr. IIen)d alone, and Mr. Winter a member of the firm of Baker, llord «S: Hendricks.

The writer of this chapter is under obligations to Dr. J. C. Beck, of Cincinnati, for valuable aid. Born and reared in Columbus, and possessing a wonderfull}' retentive memory. Dr. Beck possesses a mine of valuable statistics, not only in memory, but also in manuscript.