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Carroll County, Indiana - Organization, 1882

From History of Carroll County, Indiana : With Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers ..., published 1882. 6,421 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

2 sections

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The text

6,421 words

Machine-read from scans of History of Carroll County, Indiana : With Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers ..., published 1882. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

Organization

ORGANIZATION. Preliminary Consider.4tions - Action of the Settlers Toward THE Erection of a County Jurisdiction - Petition Prepared, Sk;ned and Sl'emitted to the Legi.slature - An Enabling Act Passed and Approved by the fiov- ERNOR - Order for a Spei'Ial Election for First On n i:i> - The Election - Vf)TERs Thereat - Officers CiinMNCounty Orcjanized - Meetinc; and Report of Commi^-imn- ERS Appointed to Select Site for and Locate the County Seat, etc.

DRAWN westward by the ciuTent of public opinion, and. charmed by the inducements held out, inviting settlement in this new and fertile region, pioneers fi'om the East and from the South - where the density of population afforded no opportunities for persons of small means to invest their stinted capital in landed estates of sufficient dimensions to justify the appropriation of their individual labor to the cultivation of the soil - and found pleasant homes with abundant opportunities for the exei'- cise of thrift on their own account, for the benefit of themselves and their families. Thus it was, that a little time -after the treaties of 1826, in which the Pottawatomies and Miamis parted with their rights to the soil of a portion of Carroll County, settlers were suflicieutly numerous to cause a movement to be inaugurated that would, in due time, culminate in the perfection of a county organization.

The resiilt of this early agitation was, that, a few weeks prior to the meeting of the Legislatiu-e, in December, 1827, the question having been thoroughly discussed, and hence definitely understood, a petition, setting forth the wishes of this isolated people, and their desire to become vested with the rights of citizenship before the law, as guaranteed by the charter which should authorize the erection of a sepai-ate jm'isdiction, was fi-eely circulated and very generally signed. This petition was forwarded to the law-making Representatives of the people for their consideration and action. After brief legislation on -the subject matter of the petition, a bill was fi'amed embodying the distinctive featm'es essential in such an instrument, defining boundaries and providing for the perpetuity of its functions, and passed without delay, the Governor affixing his signatm'e in approval of its provisions, on the 7th day of Januai-y, 1828. These provisions cannot be more concisely set forth than in the language of the act itself, which reads as follows:

Sectio-N- 1. Beitenaetedhythe Geii, r.iJ Axx, u,l, That, from and after the 1st day of J[a> ii.xt. all of Waba-sh, contained within tiie following Ikhiih at the northwest corner of Township 24 north, R; ond Principal Meridian; thence south nine miles to the center of Town ship numbered 23; thence east seventeen miles to the western boundarj of the Great Miami Reservation; thence north, with said boundary, eight cen miles, to the center of Township numbered 211: tlieme west eighl

state of Indiana. lai part of the county to wit: Beginning ge 2 west, of the Secmiles to the southeast corner of Section 16 [Township 26], Range 1 west; thence north, three miles, to the township line dividing Townships 26 and 27; thence west thirteen miles to the section line dividing Sections 4 and 5, Range 3 west; thence south, with said section line, twelve miles, to the northern boundary of Tippecanoe County; thence east, four miles, to the place of beginning - shall form and constitute a county, to be known and desisn.ated by the name and title of Carroll, in honor of Charles Carroll, >f f'>in-ollton, the only surviviny signer of the Declaration of Independ- . /I. . , and the boundary line of the county of Tippecanoe, on the east and iH.ni]. so far as it divides that county from the county of Carroll, is hereby established and to be deemed and taken as unalterable, unless by common consent of the boards authorized by law to transact county business, in the counties of Tippecanoe and Carroll, respectively.

Sec. 2. The said new county shall, from and after the 1st day of April next, enjoy all the rights, privileges and jurisdiction, which^ to separate and independent counties, appertain.

Sec 3. That Samuel Jessup, of Hendricks County, Asa B. Strong, of Marion County, Frederick Moore, of Montgomery County, Enos Lowe, of Putnam County, and Josiah Bryant, of Fountain County, are hereby appointed Commissioners for the purpose of fixing the seat of justice in said now county, agreeably to the provisions of an act entitled an act for fixing the seats of justice in all new counties thereafter to be laid off. The Commissioners above named, or a majority of them, shall convene at the house of Henry Robinson, in said new county, on tlie second Monda.v in May next, and shall proceed to discharge the duties assigned them by law.

Sec 4. It shall be the duty of the Sheriff of Montgomei^' County to notify the Commissioners herein above named, either in person or by written notification of their appointment, on or before the 10th day of April next; and for such service the Board of Justices, or per.sons doing county business of the said new county, shall allow him a reasonable compensation out of the county treasury thereof.

Sec. 5. The Circuit and other courts of said new cotmty shall be held at the house of Daniel Baum, or at any other place therein, to which the said courts may ad,iourn, until suitable accommodation can be had at the seat of justice thereof, when the courts shall adjourn to meet at said county scat.

Sec 6. The Agent who shall be appointed to superintend the sale of lots at the county seat of said new county of Carroll, shall reserve 10 per centum out of the proceeds thereof, and also 10 per centum out of all donations to said county, and shall pay the same over to such person or persons as may be appointed according to law, to receive the same for the use of a county library for said new county.

Sec 7. It shall be the duty of the qualified voters of the county of Carroll, at the time of electing a Clerk, Recorder and Associate Judges, to elect three County Commissioners, agreeably to the provisions of an act entitled, " Xn -Vet tii establish a Board of County Commissioners," approved. .Tanu ii> ]-:\ who, when elected and qualified, as prescribed by said I ' I I I I he powers, and perform all the duties prescribed by said a' ' ' I ', I lir ta'by revived, and to be deemed and taken as in full fon I . a- I. lah . [., -lid county of Carroll; and, also, said Board of C'ominissioutrs shall have all the powers and perform all the duties prescriljcd by law as relates to Boards of Justices in the several counties. Said Commissioners shall have power to hold special sessions, and to do and perform any duties required at any previous regular session. This act to take effect and be in force from and after the 1st day of April next.

Pursuant to a notice issued by James B. Ray, Governor of the State of Indiana, attested by William AV. Wick, Secretary of State, an election was held, by the qualified voters of Can-oil County, for election of the necessary judicial and civil officers, to exercise the corporate powers of the people, for the time being, in per-

Ths foregoing seventy-six votes were cast for the following persons, for the offices named, to wit: For Associate Judge, Hem-y Robinson received 82 votes; Isaac Griffith, 65 votes, and Christopher McCombs, 42 votes; for Clerk and Recorder, John Carey received 9 votes; Daniel F. Vandeventer, 42 votes, and John M. Ewing, 22 votes; for County Commissioners, Jacob Baum received 47 votes; Thomas Stirlen, 30 votes: Daniel McCain, 31 votes; Graham Roberts, 40 votes, and Aaron Hicks 44 votes.

Upon canvassing the votes cast as above, Isaac Griffith and Cliristopher McCombs were declared duly elected Associate Judges for said county; Daniel F. Vandeventer, Clerk and Recorder; and Jacob Baum, Aaron Hicks and Graham Roberts, County Commissioners for 'said county. Henry B. Milroy had previously been appointed by the Governor Sheriff of Carroll County, to serve as such until the next general election, on the first Monday in August, 1828.

The first session of the Board of Commissioners for CaiToll County, as prescribed by the foregoing act of organization, met at the house of Daniel Baum, " at the hour of 1 1 o'clock, on Monday, the r2th day of May, in the year of our Lord one thousand eight hundred and twenty-eight;" present, the Commissioners aforesaid. The following were the principal proceedings had on that day:

Ordered, By the board that all that part of the County of Carroll lying on the .southwest side of the Wabash River and south of the line dividing Townships 36 and 27, shall constitute one township, to be known and designated by the name of Tippecanoe township, and that the elections in said township be holden at the house of Thomas Hamilton.

Ordered, That all that part of the County of Carroll southeast of tlie Wabash River, lying south of the north line of Section 16, Township 25 north, constitute one township, to be known and designated by the name of Deer Creek Township, and that the elections in said township to be holden at the house of Daniel McCain.

Ordered. That all the territory included in the following boundaries, to wit: Commencing where the north line of Section 16 crosses the Wabash River; thence east with said section line to the eastern boundarj^ of the Great Miami Reservation; thence north with said reservation line to the center of Township 26; thence west eight miles to the southeast corner of Section 16, Range 1 west; thence north, until said line strikes the River Wabash; thence down said river to the place of beginning - constitute one township, to be known and designated by the name of Rock Creek Township, and that the elections in said township be holden at the house of Aaron Merriman.

These three townshijis embraced the whole of the territory of Carroll County proper; but, the territory embraced in what is now Cass County, being then under the jm-isdiction of Carroll County, the board designated it by boundary and name, as follows, to wit:

Ordered, That the territory included in the following bounds, to wit: Commencing at the southeast corner of Section 16, Township 26, Range 1 west; thence east with said section line to the eastern boundary of the Great Miami Reservation; thence north with said boundary line, and a line in continuation of the same to a point where such line will intersect the Indian boundary; tln'ii. r -i.utbw, -li i ly » illi the said boundary line to the center of Range 3 w. ~i ih-inr ~..\i]]i \\iili ihi- center line to the north boundary of Carroll ( imuiI) iliriin wiih the boundary of said county to the place of beginniii,i: - (Mii^iiiiiti' ,,ia inu nsliip, to be known and designated by the name of llie Township of Eel, and that the elections in said township be held at the house of Alexander Chamberlain.

As proceedings additional thereto, the following persons were appointed Inspectors of Elections in the several townships, the boundaries of which have just been defined: In Tippecanoe Township, Nathaniel Hamilton; in Deer Creek Township, AVilliam G. Bishoi^; in Rock Creek Township, Isam Atkinson, and in Eel Township, Daniel Bell. It was also

Ordered. That an election be holden in the several townsliips in said County of Carroll, at the places appointed for holding elections in the several townships, on Saturday, the 7th day of June next, for the purpose of electing one .Justice of the Peace within and for such township.

Daniel Baum was, at the same time, appointed Treasurer of Carroll Coimty. and he filed bond in the penalty of S1,000, with Jacob Baum and "William G. Bishop, as sm-eties, who were approved by the board.

The following other apjjointments were made, to wit: Aaron Dewey, to be Assessor of the revenue of Carroll County, for the present year; Hem-y B. Milroy, Collector of the revenue of Carroll County, for the present year, and he filed bond with Samuel Milroy and Aaron Dewey, as sureties, who were approved by the board; Thomas Robb was appointed Constable for the township of Eel; Andrew McCoy. Constable for Tippecanoe Townshij); David McCombs, Constable for Rock Creek Township; Joseph McCain, Constable for Deer Creek Townishiji; Daniel Bell and .John Hall were appointed Overseers of the Poor, and Alexander Chamberlain, William Scott and Lemuel Marsh, were apjiointed Fence Viewers, for the townshiji of Eel.

David Hamilton and Nathan Rose were appointed Overseers of the Poor, and James Hamilton, Benjamin Baxter and John E. Metcalf, Fence Viewers, for Tijipecanoe Township.

Samuel Wells and James Odell were appointed Overseers of the Poor, and William McCord, John (iivens and Thomas Stirlen Fence Viewers, for Deer Creek Township.

James McDowell and John Crook were appointed Overseers of the Poor, and William Cummins, Henry Bingorman and David Lucas, Fence Viewers, for Rock Creek Township.

" Isaac Griifith, having satisfied the board that his stock of merchandise does not exceed Sl.OOO; and, having produced the Treasurer's receipt for §10, he is permitted to vend foreign merchandise for twelve months from this date.''

This, in substance, comprised the business of the Board for the fii-st day. On the day following, " Daniel F. Vandeventer & Co., having satisfied the board that his stock of merchandise does not exceed §1,000; and, having produced the Treasurer's receipt for $10, he is permitted to vend foreign merchandise for twelve months from this date." Then "the board adjourned until tomoiTow morning at 11 o'clock."

Ordered, That Jacab Baum be allowed, for two days' services, as Commissioner of Carroll County, $3.50. And the Board ad.iourned until the 14th day of June next.

This finished the business of the regular session.* However, on the 15th of May, the day following the close of the first regular session, the board met, in special session, for the pm-pose of receiving the report of the Commissioners appointed by the Legislatm-e, to fix the county seat of Carroll Cotmty. Accordingly, on Thursday, which was the 15th day of May, 1828, Enos Lowe, Frederick Moore, Asa B. Strong, Samuel Jessup and Josiah Briant, the Commissioners appointed by the Legislattu-e, for the ptu-- pose designated, submitted to said board the following report of their action in the premises:

To THE Honorable the Board of Coiintv ( ommi^^k.m ,;-; oi.- the County of Carroll - (?«»(temen..- The undeipointed by the General Assembly of the Slate ..I justice of the County of Carroll, haviiii^ hh i .r' nated by the act establishing the coimi- i! m qualified, and having discharged the (.luii visions of an Act to establish the seals ni ju»un act amendatory thereto - do make this report, as required by the act aforesaid, to the Board of County Commissioners of the county aforesaid.

for a title, payable to Couutj- Cnmiuissiouers of said county, by which bond hereafter submitted, it will appear that said tract of laud of 100 acres is bounded on, and to be taken parallel to the western line of the section aforesaid. The length, north and south, of said quarter-section, and to extend east for quantity, upon which tract of 100 acres we, the undersigned Commissioners, have and do hereby estalilish the seat of justice of said County of Carroll, to be known and designated by the name of Carrollton.

Frederick Moure, Asa B. Struxo. S.AMUEL Jessup. Josiah Bri-\nt, Enos Lowe. Know all men bj these presents that I, 'William Wilson, of the County of Cairoll and state of Indiana together with executors, administrators. 1 a 1 1111 firmly bound unto the Board of County

Commissioners of the county and State aforesaid, and their successors in office, in the iieiial sum of $2,000, for the payment of which I bind myself, my e.vei iiiii- iiliniiii-ii iiims, heirs and assigns. Sealed with my seal, and dated tlii- I i Mi\,iu the year of our Lord one thousand eight thence east 100 rod--: I hriir.. iiMi 111 ih .,, i.i.. i: ., ' > ,. i, - , m i-pi what shall be found ^..uihof ihr .nrk: in «liii|i Imi -i. iiMii ilir -,ii,l William Wilson is to make a good and sufficient deed in fee simplest hen the above obligation to be null and void - otherwise remain in full force and virtue in equity and law.

The above donation, the aforesaid William Wilson makes without any reservation whatever, except the crops of the present .sea.son, now growing on said lot of ground. The rails also e.xcepted.

ONE of the motives which induced the Commissioners appoint, ed to locate the seat of justice of Carroll County, to name the place Carrollton, appears to have been, that, inasmuch as the county had been named Carroll, in honor of Chai-les CaiToll, a delegate from the State of Maiyland, who signed the Declai'ation of Independence, and to fix, immistakably, the identity of the signer, in case of being called to account for his temerity in attaching his name to that instrument, wrote it. Charles CtuToll, of Carrollton" - it would be eminently appropriate and significant to call the seat of justice of this county after the name of his place of residence. Whatever the motive may have been, there was a seeming propriety in it, and, in the course of time, would have been satisfactory. Notwithstanding these circumstances, however, the result established the fact that men difier in their opinions, and those differences generally conduce to changes of base, though less generally in changes of name also. From the day when the Commissioners made their report, there was a general mm-mur of dissent among the ofiicers and people of the county, and the dissatisfaction took form in causing a special session of the Board of County Commissioners to be called for the pm-pose of taking into consideration and disposing of the question that seemed to agitate the public mind. Accordingly, piu'suant to a call for that piu'pose, the board met, all the Commissioners being present, at the house of Daniel Baum, on Saturday, May 24, 1828, at which time it was " Ordered, that the seat of justice of the coimty of CaiToll be known and designated by the name of Delphi," and has since retained that name, so far as now appears, without dissent. "The name Delphi," says Dr. Stewart, in his Recollections of Carroll County, " was suggested by Gen. Milroy, One tlay when they were discussing what name should be given to the new county seat, he handed them a slip of paper on which several names were written, Delphi, among others, and that was the name selected." This information is somewhat indefinite, since the refei-enee to the Commissioners, to whom the paper, with the name of Delphi written upon it, was handed, does not define whether it was the Commissioners appointed to locate the county seat, who, during the progress of examination of proposed sites, were, much of the time, guests of Gen. Milroy, and consulted fre^ ly with him on all the questions pertaining to the location and name of the site selected, or the Commissioners composing the County Board, who, after the selection had been made, and the designating title determined, suppressed the name of Carrollton, and called the place Delphi. It does not seem probable that the Commissioners referred to were the locating Commissioners, for they did not select Delphi, but Carrollton; nor is it now important. At the same session (May 24) the board

Ordered. That Samuel Milroy be and is hereby appointed Agent of tlie county of Carroll, and, that Isaac Griiflth and Daniel Baum are approved of as his sureties.

Ordered, Also, that three streets in Delphi, on the south side, running east and west, and two streets, one on the east, the other on the west side of the public square, running north and south, be ninety feet in widtli, all other streets in said town eighty feet; alley.s, twelve feet; each lot to contain one-fourth acre.

one uai lioiii 111. .,.ilf of lots in said town of Delphi, "in l-i in my lacrt of the town they may uhouse, except on Front street, or aiouiiil Ihe public square.

At the special session, held on the 15th of May, the boai-d made allowances to the Commissioners who fixed the seat of justice for the county, as follows; To Samuel Jessup, for nine and a half days' services, §28.50; to Josiah Briant, for six days' services, $18; to Frederick Moore, for seven days' services, 121; to Asa B. Strong, for ten days' services, $30, and to Enos Lowe, for nine and a half days' services, in fixing the county-seat of Carroll County, the sum of $28.50; in all, the sum of 1126.

On the 11th of June of the same year, a further special session of the board was held, at the house of Daniel Baum, fur the purpose of receiving and making a tax-list. At that session the rate of taxation was fixed as follows:

Ordered. Also, that all that part of Tippecanoe Towii.ship, lying and linini III oi ilii I I lion line dividing Sections 2(i ami '.'r, hr allac-lied to

Pursuant to the notice ordered to be given for the sale of lots in the town of Delphi, on the 11th of August, 1828, the agent held the sale on that day, but the public interest, it seems, was not sufficiently aroused, and but few lots were sold - chiefly to persons who were actual settlers, or were intending to become such. In this instance, the prospects were not as flattering as might have been desired; it was determined, however, to have other sales, from time to time, as the future outlook might encoirrage. In the meantime, citizens were not idle, but induced by the promptings of self-preservation and a determination to succeed by individual effort; improvements, prompted by a desire to become comfortable in their own homes, were made by the purchasers of the lots in to-wn at the recent sale. Thus, -while the interest in the future of the new seat of justice, was not great externally, internally, the people, by their own efforts, kept in motion the wheels of progi-ess, and the developments of the past half century are now visible.

Attorneys - CojiMissioNS Presented and Officers Sworn - RESfME OF the Business and Proceedings- Probate Court OF Carroll County - Officers Present at Fir.st Session- Proceedings OF THE Session - First Grand and Petit Juries and Jurors in the Circuit Court - Incidents, etc.

DURING the progress of events that led to the full and perfect organization of the county, in its legislative and civil functions, judicial powers were necessai-y to the protection and well-being of the people. The organization of the Carroll Circuit Court was one of the first steps toward the completion of the organic system of the county, and gave character to the proceedings subsequently had in the administration of county aft'airs. In accordance with the provisions of the Enabling Act, all coiu'ts were directed to be held at the house of Daniel Baum, or at any other place in the county, " to which the courts may adjourn until suitable accommodations can be had at the seat of justice thereof, when the com-ts shall adjourn to meet at said county seat." Pursuant to that provision, the said Carroll Circuit Court was begun and held at the house of Daniel Baum, in said county, commencing on Thursday, the 8th day of May, 1828. Hon. Bethuel F. Morris, President Judge of the Fifth Judicial Circuit of the State of Indiana, which embraced Carroll County, was present and presided, acting under a commission from William Hendi'ioks, Governor, bearing date, January 20, 1825, upon which was indorsed a certificate that he had subscribed and taken the oath required by law. The Associates, or County Judges, present, were Isaac Griffith and Christopher McCombs, who also produced their commissions, dated May 8, 1828, to whom the necessary oath was administered, by Judge Morris, and thereupon they entered upon the dischai-ge of their duties. At the same time, Henry B. Milroy produced his commission as Sheriff, issued by J. Brown Bay, Governor, on the 4th day of February, 1828, with the oath subscribed and taken by him before Beubeu Kelsey, a Justice of the Peace of Tippecanoe County, on the 6th of March of the same year. The Clerk, Daniel F. Vandeventer, presented his commission, also, for a term of seven years fi-om the 8th day of May, 1828, when the oath of office was administered to him, by Judge Morris, and he entered upon the dischai'ge of duties appertaining to his office, having filed bond in the penalty of $2,500 with Daniel Baum and George J. Baum, as sureties, Aaron Dewey and William Wilson being witnesses. The bond had been accepted and approved according to law, at the time of its execution and filing.

Hon. John H. Gould

The subject of this biographical sketch was the second son of Daniel and Adaline Gould, and was born in Ballston Spa, Saratoga Co., N. Y., December 17, 1836. His parents were plain, hard-working people, pursuing the very honorable but laborious vocation of farming. In the spring of 1837, the family moved to the State of Ohio, and located near Richwood Post OfiBce in Union County. The settlement was made in a section of the State where the ancient forests, then scarcely disturbed by the woodman's ax, necessitated a vast amount of arduous toil in developing a home which might be deemed comfortable even in pioneer life. To the task of making a home, Daniel Gould and his sons, as they grew up, bent every energy.

Until sixteen years of age, Mr. Gould remained with his father on the farm aiding in clearing the land and improving the homestead. His early educational advantages were limited to the instructions of a private tutor, who was employed by the pioneers 'of the neighborhood. But later, as the settlement grew, he had the advantages of the common school and the academy. During vacations, he left the " groves of the academy " and aided his father among " the groves " of the farm. At the expiration of his academic course of instruction, he began the study of law in the office of the late Hon. Samuel Galloway, of Columbus, Ohio, under whose care he prepared himself for admission to the bar. During this preparation, his limited means compelled him to spend the winter months in teaching. In 1857, he came to Carroll County and taught the winter school in Camden. In the spring of 1858, he came to Delphi and at once engaged in the practice of law. At the breaking-out of the war, his practice had become extensive and correspondingly lucrative, and there were visible gleams of the silver lining to the clouds which thus far had shadowed his life. But the clouds of poverty were to be supplanted by the clouds of civil war. At the first call of the President for volunteers, he promptly responded by enlisting in Company A, Ninth Indiana Volunteer Infantry. He was elected and commissioned as First Lieutenant of the Company. He served with the regiment during the West Virginia campaign, participating in the engagements at Philippi, Laurel Hill and Carrick's Ford. Returning home, he raised a company for the Forty-sixth Indiana Infantry, and was in the organization commissioned as Captain of Company A. The regiment served first in Kentucky and Missouri, and participated in the engagements at Island No. 10, New Madrid, Riddle's Point, Fort Pillow, and at the capture of Memphis June 6, 1862. As soon as the city was occupied by the Federal troops, his commanding General assigned him to special duty as Provost Marshal. He was promoted successively to the rank of Major and Lieutenant Colonel of his regiment. By reason of ill health, he resigned February 9, 1863, and returned to his home. After regaining his health, he re-entered the service as Lieutenant Colonel of the One Hundred and Thirty-fifth Indiana Volunteer Infantry, where he continued until the expiration of the service. He then returned to Delphi and resumed the practice of law, in which he was highly successful. In 1876, he was elected Judge of the Thirty-ninth Judicial Circuit, then composed of the counties of Carroll, White and Pulaski. On the bench, as at the bar, he has maintained an unimpeachable reputation for integrity, and, in his knowledge of the law, ranks with the foremost of the State.

November 12, 1866, he was united in marriage to Miss Mary E. Robertson of this city. An interesting little daughter, Eva, is the only child now living. The venerable parents of Judge Gould are spending their declining years near Argos, Ind.

enrolled as attorneys at the bar of the Carroll Circuit Court. The process of organization having been completed, as the first steps in the order of business, Jacob Kuns, by his attorney. James Rariden, filed a petition, asking to be appointed guardian of Rosaniia Heistand. The prayer of the petitioner was granted, and, having first filed bond with Samuel Milroy, William Wilson and Daniel Baum, as sureties, which was approved by tln' court, he ti>ok the oath prescribed by law in such cases.

After adopting a seal, which was ordered to be a '-circular scrawl, with the words, Cai'roll County Seal inserted therein," the court adjom-ned until the next regular term, all the business before the court for its consideration having been disposed of.

Let the reader now turn, for a time, to examine what was being done in the judicial department of om- county's history, during the period when the events before recited were in progress. At the time when the settlers were employed - some in traveling over the country, seeking eligible homes, others were employed in erecting cabins, felling the forest trees, inclosing their nan-ow acres, cultivating the bosom of mother earth, that the sun's genial warmth might quicken the harvest time, organizing churches, opening schools and drawing around them the facilities which go tar toward the promotion of the public good. Within the past year, steps had been taken for the advancement of the civil and political well-being of the people of Carroll County. The organization of the county had been consummated, the judiciary extended and privileges guaranteed with a view to the protection of the people and their diversified interests. The Circuit Cotu-t had been established, as we have just seen, and all the functions of civil government in this jurisdiction had been put in operation, and were doing their legitimate work. Then, as now, the Grand Jiu'ors were selected by the Board of Coiinty Commissioners, at their spring session, for the spring and fall terms of the Circuit Coui't. At the first term, however, the court being then just organized, a Grand Jury was not required, consequently the Board of County Commissioners, not meeting until after the tenn of court had passed, the selection made at the spring session of the board, was of Grand Jurors to serve as such during the November term, 1 82.S, and the May term. 1 829. The persons selected to serve dm-ing the November term. 182S, were Benjamin Baxter, Robert Cade, John Ballai-d, Moses Thompson, Joseph McCain, Thomas Stirlen, David Harter, James Clarke, Jacob Baum, Christian Simons. Alexander Siers. William Cummins, John Mitchell. David Hamilton, John Scott, Richard Chabart, Jacob Sagai' and William Siers.

At the same session, the following persons were selected to serve as Petit Jui'ors, dui'ing the November term, 1828, to wit: Alexander Scott, Eli Cotner, Isaac Martin. William McCord, Thomas R. McCain, John Hall, Nathaniel Hamilton. Moses Aldridge, Samuel Wells, James Odell, David Baum, Jeremiah Ballard. Manuel McCombs, Josejih Jackson. David Lucas, Moses Standley, James Miller, Daniel Bell. Graham Roberts. AVilliam Hughes, Aaron Dewey, Jacob Clester. Daniel Baum and Hem-y Bingermau.

To serve as Grand Jurors at the May term, 182VI, the following persons were selected by the board, to wit: John Mikesell, Daniel Kuns, Stephen Miller, Daniel McCain. Jr., Ii-a Bacon, Joseph Beckuer, Lewis Nelf, John Bozai-th, John S. Metcalf, Daniel McCain, Hugh B. McKeen. John Odell, John Carey, John Little, Geo. J. Baum. Thos. Birk. Geo. Moyer and John Moyer.

And the following persons were selected to serve as Petit Jurors during the same term, te wit: John Phillips, James Cummons, Samuel Wise, John Adams, John Chilson, John Kistler, Samuel Milroy, Martin Kee, Elisha Brown, James Hood, Jacob Kuns. Jacob Woodcock, Lemuel Marsh, Aaron Hicks, James Mc- Cain, William Wilson, John Kuns, Nathan Rose, Frederick Hoover. William G. Bishop. Alexander Chamberlain. John Givens, AaroQ Men'iman and James McDowell.

The November term, 1828, of the Carroll Circuit Com-t was begun and held at the house of Daniel Baum, as before, commencing on Thursday, November (). The court officers present were Hons. Isaac Griffith and Christopher McCombs, Associate Judges, the Presiding Judge being absent; Daniel F. VanJeventer. Clerk, and Hemy B. Milroy, Sheriff. In addition to the attorneys admitted and practicing in this court at the May term, Joseph Tatman and David Patten were admitted at the November term. The first case submitted at this term, and the first civil case submitted and disposed of, since the organization of the court, was one in which " Chai'lotteEwing, executrix of the estate of Alexander Ewing, deceased," was plaintiff, and " Joseph Barron and Joseph Holeman" were defendants in an action of " Trespass on the case upon promises." The case being called, the defendants did not appear to the action and tile an answer or demurrer thereto, as commanded by the notice of the plaintiffs, but made default, wherefore the allegations of the complaint were taken as confessed and true, and damages were adjudged against them in favor of the plaintiff, tor S189.2I, and costs of suit. The second case was one against Henry Robinson, in favor of Alexander Grimes, assignee of Jesse Clarke, in an action of debt. These two cases were the only ones adjudicated upon at that tei-m, which occupied but one day. The business being disposed of, com-t adjourned until court in course. During the tei-m, however, the Grand Jury selected as aforesaid, was summoned, and in attendance, but, there being no business for them to inquire into, they were discharged and allowed for one day's service.

On Monday, the llth day of May, 1829, the Probate Coui-t of CaiToU County commenced its first session, all business of a probate nature presented for consideration having been disposed of in the Circuit Court. This court, also, held its session at the house of Daniel Baum, at which Hons. Isaac Griffith and Christopher McCombs, Associate Judges of the Circuit Com-t, who, by virtue of their position, were authorized to transact probate business, in the absence of a Probate Judge. Their first business was to approve and confu-m the letters of administration before that time issued by the Clerk, on the estate of Francis Lafountain, late of said ooimty, deceased, and the bond of said administrator, including all the vacation acts of the Clerk in that behalf. Their second act was to grant letters of administration to Elizabeth McCombs, on the estate of Manuel McCombs, deceased; and the third, to appoint John Orell guardian of the persons and effects of Sarah Angell, Samuel Angell, Ruth Angell, Charles Angell and Mary Angell, minor childi-en and heirs at law of Benjamin D. Angell, then late of Carroll Coimty, deceased. With these brief proceedings, the first session of the Probate Court of Cai-roll County was closed.

As has been ah-eady noticed, Andi-ew Ingram, afterward Judge, was a practicing attorney in the com-ts of this county. The following incident, which he relates of himself, occurred just before the commencement of the November term, 1828, of the Carroll Circuit Court, when he was on his way to the county seat to attend its session. In his route thither, he got lost in the woods, below Delphi, some seven or eight miles, when, after wandering about for some time, night overtook him. There being no ti'ack save the Indiau trace, he was compelled to make his way, without compass or chart, as best he could, for several hours - how long, he scarcely knew - sometimes having to feel for the path, to ascertain whether he was on the right track. At length, hearing a dog bark somewhere in the neighborhood, he made his way in the direction whence the sound came, which led him to the house of William McCord. By that time it was midnight, or after, and he vpas well-nigh exhausted. He was received, however, with the characteristic hospitality of the times, and comfortably entertained during the remainder of the night, which, under the circiunstances, amply compensated him for the annoyance and discomfiture of his evening's ramble. In the morning, after partaking of a refreshiag meal, he proceeded on his way to the place of holding court, without fui-ther serious impediment This incident will serve, also, to caiTy back the memories of the remnant of the primitive settlers who still survive, to the times when roads were anomalous, and the Indian trail afforded almost the only guide to tlie traveler passing through fi-om one settlement to another, with the attendant contingencies thereof. -Some of the attorneys, especially those who came a long distance to attend court, had, necessarily, to travel under a great many disadvantages, and be subject to numerous inconveniences, in the way of warm dinners, very often getting no dinner at all, and traveling many miles during the day, being compelled, oftentimes, to lay out all night. It was requisite, therefore, that all should go prepared to encounter such emergencies.

.Tudge Ingram relates a case in point. He and .James Rariden, of Wayne County, afterward a member of Congress from his district, laid out one night, some six or seven miles above Logansport, while on one of those expeditions to attend on distant coiu'ts, and that Mr. Rariden was provided with a tin cup and with venison; that they struck fire from a flint, lighting a piece of "punk;" got some spice-wood and other fuel, which furnished a sufficiency of heat to cook their provisions and to keep themselves comfortable. They slept during the night without waking, scarcely dreaming, except of rattlesnakes, which were abundant in the spring season, liut they were not molested nor made otherwise afraid.

Provenance

Text from History of Carroll County, Indiana : With Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers ..., published 1882, in the public domain in the United States and digitised by the Internet Archive.