Carroll County, Indiana - Chapter 4: Judiciary - State Senators - County Commissioners - Representatives, 1916

Chapter 4: Judiciary - State Senators - County Commissioners - Representatives

The first term of the Carroll circuit court was held at the house of Daniel Baum, May 8, 1828. The. house was situate west of the present location of the Wabash railroad, and about thirty rods north of Deer creek. Bethuel F. Morris, judge of the fifth judicial district, presided. D. F. Vandeventer was the clerk, Isaac Griffith and Christopher McCombs were the associate judges. The court adopted the seal, with the words inserted within, "Carroll County Seal." Jacob Kuns was appointed guardian of Rosana Heistand. The court was in session one day. The grand and petit juries were selected by the board of county commissioners. There were no resident attorneys. The foreign attorneys present at the session of the court were James Raridan, S. Smith, William Quarles and Andrew Ingram, who were duly admitted to practice law.

The next session of the court was held at the same place on November 6, 1828, the same officers present as on last adjournment. The grand jury was empaneled and Judge Morris appointed Andrew Ingram special pro¬ secuting attorney. One judgment was rendered for debt. At the May term, 1829, the court met at the same place on May 18, 1829. Same pre¬ siding judge and associate judges. The grand jury was impaneled. Andrew Ingram was appointed prosecuting attorney. One judgment entered for debt. The court moved up to the school house in Delphi. The grand jury * returned six indictments for affray, six for assault and battery and two for fornification. The court adjourned after a session of two days.

At the November session, 1829, W. W. Wick presented his commis¬ sion as prosecuting attorney. The previous indictments came on for trial. Some of the defendants could not be found, and the indictments against them were dismissed. One defendant was present and stood trial on a charge of affray. He was fined two dollars and costs. Parker McGriff, charged with assault and battery, was arraigned and the following is a copy of the proceedings had:

"Comes now Wick, who prosecutes the pleas of the state, and the defendant also comes, and being arraigned upon the said indictment saith he is not guilty as charged and for trial puts himself upon the country, and Wick for the state doth the like; and the said defendant also files his plea of former conviction, to which prosecutor files his replication conclud¬ ing to the country, to which the defendant adds his simitter - wherefore let a jury come by whom the truth may be made known, and the Sherriff as he is commanded brings into court the jurors of the jury to-wit: Stephen Miller, John. F. Metcalf, John Gillam, Samuel Williams, William Hughes, Daniel McCune, John Crook, John Reed, Daniel Lenon, Jacob Mitchell, James Cummins and William Hicks, twelve good and lawful men, house¬ holders of the county, who being elected, tried and sworn the truth to speak upon the issues aforesaid do say, we of the jury find the defendant guilty and assess his fine at three dollars and fifty cents. It is, therefore, con¬ sidered by the court that the defendant do now make his fine to the state of Indiana for the use of the Carroll county seminary in the sum of three dollars and fifty cents and that he pay the costs of this prosecution, and it is ordered that the said defendant stand committed in the custody of the Sherriff until said fine is paid or replevied and that execution be had for costs." The judgment was replevied.

Probate Court

The probate court had jurisdiction over estates, and held two sessions annually. The first term was held at the house of Daniel Baum, May u, 1829. The second term was held in the Delphi school house, in November, 1829. The presiding judge was John Carey, and the associates were Isaac

Griffith and Christopher McCombs. The probate court continued until 1850. The presiding judges were John Carey, John Grantham, Thomas Gillam and G. C. Sanderson.

Commissioners Court

The commissioners court was organized pursuant to the Act of the Legislature of January 7, 1828. The members of the court had been elected in April, 1828, the first term was held at the house of Daniel Baum, May 12, 1828. The members of the board were Jacob Baum, Aaron Hicks and Graham Roberts. This court laid out the tow-n lots of the county seat, laid * out the various townships, ordered elections in the townships for the elec¬ tion of justices of the peace, appointed road viewers and overseers of the poor, laid tax assessments, granted licenses, ordered the erection of public buildings, appointed road supervisors, fixed bonds of public officials, drew the grand and petit juries and appointed constables and revenue collectors.

Common Pleas Court

Under the Constitution of 1852 the Legislature had the power to, provide for additional courts. The Act of the Legislature, approved May 14, 1852, provided for a common pleas court. The judge thereof was elected by the people at the annual election of 1852, and every fourth year thereafter. The state was divided into districts. This district was com¬ posed of Tippecanoe, Benton, White and Carroll counties. The court had original jurisdiction and exclusive jurisdiction in all matters relating to the probate of wills, granting letters of testamentary, of administration, and of guardianships, and all matters relating to the settlement and distribution of decedent's estates. The circuit and common pleas courts had concurrent jurisdiction in all actions against heirs, and sureties of administrators and guardians. The Act of March 6, 1873, alxdished the common pleas court. The circuit court took jurisdiction over all matters that had been assigned bv law to the common pleas court. The judges of this court were D. P. Vinton, J. L. LaRue, R. P. Davidson, Alfred Reed, J. C. Applegate and B. F. Schermerhorn.

Juvenile Court

The Act of the Legislature of March io, 1893, an(l Acts amendatory thereto, provides that the circuit judge shall have power and exclusive jurisdiction in all matters relating to children delinquents, truants, etc., except for offenses punishable with imprisonment for life or for which the penalty is death. Children may become wards of the state by this -court.

In concluding this article on the judiciary of Carroll county, it is meet to say that many of the judges who honored the bench, in after life filled some of the highest positions of trust and profit in the state and nation. John Petit, a judge and United States senator; David Turpie, United States senator; D. D. Pratt, United States senator; and a number of other attor¬ neys who practiced in the Carroll circuit court were sent to Congress, to state offices and to the General Assembly.

Carroll county has been represented in the state Senate since 1829 by a joint senator. The following list gives the various counties in the district in the respective years:

Senator J. C. Farber died in April, 1908. L. D. Boyd, of Carroll county, was elected at a special election held in Carroll county, ordered by a proclamation issued by Governor Hanly on June 28, 1908. M. McCarty was the senatorial successor by election in November, 1908.

County Commissioners Official Roster

Note: From 1828 to 18.10, inclusive, the counties composing the representative district were Montgomery, Tippecanoe, rutnam and Carroll, in 18.51. the district was composed of Carroll and Cass counties. From 183G to 1906, Carroll county was one district. From 1906 to the present, the representative district is composed of the counties of Miami. Howard and Carroll.