Carroll County, Indiana - Chapter 7: Earl.y Judiciary, 1882

Court Ofkioers and ProceedinctS at the Third Term of the Circuit Court - Special Session of Board of Commissioners AND A Regular Se.ssion - Officers, Etc. - Fourth Term of THE Circuit Court- Officers and Attorneys - Third and Fourth Terms of the Probate Court Noticed, the-Officers Present and an Abstract of the Proceedings Had - Sales OF Real Estate, Etc.

THE third term of the Circuit Court of Can-oil County commenced its session on the third Monday, being the 18th day of May, 1829, at the house of Daniel Baum, the usual place of meeting. The ofiicers of court present on that occasion, were Hon. Bethuel F. Morris, President Judge of the Fifth Judicial Circuit Court of the State of Indiana, the circuit in which Carroll Cotmty was then situated; Isaac Griffith and Chi'istopher McCombs, Associate Judges ; Daniel F. Vaudeventer, Clerk : and Hem-y B. Milroy, Sheriff, \fter proclamation that court was then open, the business before it for disposition was proceeded with in its proper order. First, the Sheriff was directed to call the roll of Grand Jurors, regularly selected and summoned to attend and serve as such at that term. The call being completed, it was ascertained that the panel was incomplete, xmly the following persons answering to their names, to wit : John Carey, who was then appointed and sworn as Foreman: John Mikesell, Stephen Miller, Daniel McCain. Lewis Neff, John E. Metcalf, Daniel Mc- Cain 2d, John Odell, John Little. George I. Baum, Thomas Burk and John Moyers; the com])lement was made by the Sheriff, who, under the direction of the court, selected, fiom amongst the bystanders, the following Talesmen : Thomas McMillan, William Hughes and John Knight, when they were regulai'ly sworn by the. Clerk to the faithful discharge of the specific duties assigned them by law. Then, the persons so empaneled and sworn as Grand Jurors, were charged by the court as to the extent and character of their inquiries, the gleaning of evidence and making up their presentments and indictments, after which they retired, under the charge of Ji K])ecial Bailiff, to the room provided tor tliem, to hear testimony and consider of its sutficiency to warrant further proceedings.

Tho regular Prosecuting Attorney of the circuit being absent, Andrew Ingram, Esq.. of the La Fayette bai-, was appointed by the com-t Prosecuting Attorney, pro tem,. and duly sworn as such. On motion of Mr. Ingram. Moses Cox, a practicing attorney was admitted as an attorney and counselor at law at the bar of this court, and was em-olled accordingly. The preliminaries disposed of. the docket of cases for adjudication was called for motions and trials. The first cause set down for befiring at this term was one wherein David Stone, by Andi-ew Ingram, his attorney, complained of George Cicott, in an action of assiunpsit, and, upon the introduction of the proofs, the coui't being sufficiently advised in the premises, awarded the plaintiff a judgment for damages in the sum of §321.75. When business had proceeded thus far, the court adjom-ned to meet again at 4 o'clock in the afternoon, in the Bchoolhouse in Delphi, which was then designated as the place j of holding comis for the time being, and until a more suitable place could be obtained. At the afternoon session of the court, on motion of Mi'. Cox, Albert S. White and Cyrus Ball, Esqa., were admitted to practice therein as attorneys and counselors at law.

On the second day of the term, the Grand Jury returned into court fom-teen bills of indictment, six of which were for affrays; six for assault and battery, and two for fornication and adultery, i Having no fm'ther business before them, they were discharged and allowed for two days' service. The coui't

Ov(hr"l. TlKit, iijxin tlK^ arrest of parties against wliom bills liad been t'ounil. rliiiririnLr :h1u1ici V. tbey .should be required to enter into bonds, payalili' t.> tlii' .Slat.- ol Indiana, in the penalty of $100 each, with one security ; and, for all other offenses, in the penalty of $30 each, with one security, for their appearance at the succeeding term of court to an.swer the said charges respectively.

This was all the business done during the session, and court then adjourned until court in coiu'se. with the order that the next term be held at the public schoolhouse in Delphi.

The Board of County Commissioners, on the 26th day of September, held a special, and, on the 9th day of November, 1829, a regular session, for the transaction of business, at the usual place, Messrs. Jacob Baum. Aaron Hicks and Thomas Stirlen, Commissioners, being present. November 10, a seal was adopted by the board, to be used by them in the attestation of their official acts. At the same session, Daniel Baum, County Treasirrer, was allowed for his percentage in receiving $495 of the public funds, the sum of $7.42.

The fourth term of the Carroll Circuit Court commenced its session on the 16th day of November, 1829, at the place designated in the order of adjournment. In addition to the regular officers of court before noticed, William W Wick, Esc£., presented his commission fi'om the Governor of the State of Indiana, upon which was indorsed a certificate that he had taken and subscribed i the equisite oath for the faithful discharge of the duties of Prose- \ cuting Attorney of the Fifth Judicial Circuit of the State of Indiana, and he entered upon the active performance of the functions of his office. In addition, Calvin Fletcher, W. W. Wick, Benjamin Hm'st, Aaron Finch, J. B. Chapman and Thomas J. Evans, Esqs., were admitted as attorneys at the bar of this court, and duly enrolled as such.

On the 20th of October, 1829, Franklin G. Armstrong, a native of this State, became a resident of Carroll County, and has since that time continued to be a permanent citizen here.

The third term of the Probate Coiu't of Carroll Cotmty was begun and held at the public school-room in Delphi, commencing on Monday, the 4th day of January, A. D. 1830, at which Hon.

John Carey, Probate Judge of the county, officiated. The business of the character usually adjudicated upon in eom-ts of Probate, was not very extensive, consequently the term was not of long continuance - only one day. At that term, however,- John Odellwas appointed guardian of the persons and eflfectsof Sarah, Samuel, Ruth, Charles and Mary Angell, minor children and heirs at law of Benjamin D. Angell, then lately deceased. The court also appointed William McCreary, John Knight and John T. Hopkinson, appraisers, to fix a value upon certain of the real estate of the heirs aforesaid, with instructions to make report thereof at the next term. At the same term, John Kuns was appointed executor of the last will and testament of David Kuns, deceased. Samuel Hulery was also appointed guardian of John Bross, Elizabeth Bross. Matty Bross and Michael Bross, minor heirs of Jacob Bross. deceased. This was all the business disposed of at that term.

The fourth term of the Probate Court was held at the same place, commencing on Monday, the 1st day of March, 1830, Judge Carey on the bench. On that day, William McCreary and Thomas Stirlen were appointed executors of the last will and testament of William Wilson, deceased, donor of the tract of land upon which the original plat of Delphi was situated. Hugh Manary having died a short time previously, thecourt appointed William McCord and William George administrators of his estate.

A portion or the real estate belonging to the heirs of Benjamin D. Angell, deceased, having been sold pursuant to an order of the court, by John Odell, their guardian, to Samuel Milroy, a deed was ordered to be executed to the purchaser, and James Odell was appointed a commissioner to make such conveyance. Another portion of the land of said minors, having been, pursuant to the same order, sold to Henry Robinson, Mi'. Odell, commissioner as above, was instructed to execute to Mr. Robinson, also, a deed for the lands so pru:chased by him. At the same term, the com't made an order, directing the administrator of the estate ol William Wilson, imder a petition for that puqjose, to sell the rea' estate of said descedent, for the pm'pose of paying the oiitstand ing obligations against the same. This was all the business disposed of at that term, the court remaining in session but one day

The matters of a probate nature noticed above, have been inserted here in order that the reader may be better able by the means to refer toother incidents moreor less intimately connected with these. It is frequently necessary, in delineating facts of historical interest, to note circumstances of the character referred to; hence, in this instance, it has been found necessary to adopt such a course; and, in other depai'tments of this work, and in a different connection, the reader may find these references of value in properly imderstanding other statements and incidents that go to make a part of the current history of the times. Men die, and their estates pass, by regular or irregular process, into other hands.