Daviess County, Indiana - Chapter 8 (1 of 2 so headed), 1886

Chapter 8

History of the Bench and Bar - Jurisdiction of the Early Courts - Provisions of the Ordinance of 1787 - Formation of Knox County by Proclamation - Early Court Practices - List of Judges - Other Courts - Professional Character of the Judges - Slavery in Indiana - Probate Matters - Clerks - Members of the Bar - Catalogue of Circuit Judges - Sketches of Jurists - The Vincennes Bar.

KNOX COUNTY has been called the "mother of counties," and so far as the territory embraced within the limits of Indiana is concerned, the appellation has been appropriately applied. As a civil organization it antedates both the Territorial and State governments.

under special instructions to that effect from Gov. Arthur St. Clair, who was then at Kaskaskia, employed in organizing St. Clair County. It was named in honor of Gen. Henry Knox, then Secretary of War of the United States. It originally embraced all the territory now constituting the States of Indiana and Michigan. In 1805 the Territory of Michigan was severed from it by the organization, by act of Congress, of that Territory. Its area was decreased from time to time by the carving out of new counties from its territory, until it was reduced to its present dimensions in 1820 upon the organization of Greene County.

Jurisdiction Of The Early Courts

A number and variety of tribunals claimed and exercised jurisdiction in civil and criminal matters, within the territory now constituting the county, prior to its organization by Secretary Sargent in 1790, which date only marks the inception of organized Federal authority. Prior to that date, and before the acquisition of the Northwest Territory by Virginia, the several commandants of Post Vincents exercised such powers, either in person or through magistrates appointed by them. De Vincenne", St. Ange, Le Gras and all commandants of the post claimed and exercised the right to donate the public and unappropriated lands. Their transactions were authenticated by notaries, but the business was loosely transacted and no permanent record made, but land grants and other important transactions authenticated by them were committed to loose strips of paper, which were not deposited or preserved in any public place, but were retained, destroyed or carried off by the notaries who authenticated them. But the greater part of the lands granted under their authority or the courts organized by them, not tainted with fraud, were subsequently recognized and confirmed by the Federal Government, in conformity with the requirements and stipulations of the French and English treaties and the Virginia act of cession.

After the conquest of the Northwest by the troops under Gen. George Kogers Clark February 24, 1779, and its consequent acquisition by Virginia, that State in the spring of the same year passed an act for the government of the territory thus acquired. Under that act John Todd was appointed "lieutenant of the country and commander-in-chief," and immediately repaired to Vincennes to assume and exercise his authority as such. Upon his arrival he issued a proclamation announcing and declaring his powers and purposes. In June of that year he organized "a court for the district of Post Vincennes." Said court thus established possessed both civil and criminal jurisdiction, and also claimed by uniform custom and precedent, and exercised the power of granting lands. This court continued in existence from June, 1779, iintil the summer of 1787, when the power and jurisdiction of Virginia was superseded by federal authority, and the passage, July 13, 1787, of the ordinance of Congress for the government of the territory northwest of the river Ohio. This court was composed of the following £>ersons: F- Bosseron, L. E. Deline, Pierre Gamelin and Pierre Queray. None of these were professional lawyers, and none of its records are now in existence, and its transactions in all probability were very informally and unskillfully kept, as the members of the court in a letter dated Post Vincents, July 3, 1790, addressed to Secretary Sargent, when he was here employed in the organization of the county, admit they possessed "but little knowledge of public affairs,", and attribute to that cause any errors or mistakes they may have committed in the discharge of their official functions.

Secretary Sargent, in June, 1790, issued his proclamation declaring Knox County duly organized, and establishing courts of justice for the transaction of business therein. He appointed as judges of the court the following persons: Antoine Gamelin, Paul Gamelin, Francois Busseron, James Johnson and Luke Decker. None of these appointees were learned in the law or, at least, never acquired any distinction as jurists. He also appointed John Small sheriff of the county, who was the first incumbent of that office. He appointed Samuel Baird clerk of the county, who was also the first incumbent of that office. This court possessed both civil and criminal jurisdiction. When engaged in the transaction of criminal business it was styled "the court of general quarter sessions of the peace for the county of Knox." When occupied with civil and probate matters it was styled

"the common pleas court of Knox County." The sai presided for the transaction of civil or criminal business, but separate terms were held for each kind, and separate records kept. The presence of all the judges was not necessary, and as a general practice only one or two presided at the same term. The sheriffs and clerks of the county attended all sessions of the court.

First Session Of Court

The first session of this court was held July 14, 1790, when all the judges were present. The following persons were empaneled and sworn as a grand inquest, the oath being administered in both English and French, as some of the jury did not understand English: John Mills, John Eice Jones, Henry Vanderburg, Francis Vigo, Thomas Tredwell Jackson, Nicholas Miet, John Baptiste Miet, Robert Johnson, Patrick Simpson, John Baptiste Samarta, Robert Mayes, Joseph Leflore, Thomas Jourdan, John Ganeshaw, Abraham Westfall, John Durgalon, Benjamin Beckes, Joseph St. Mary, Robert Day, Laurent Bazadon, Antoine Lalumiere and Peter Mallet. This grand inquest, the first in the county, returned no indictment, but came to the bar of the court and made verbal presentment, to the court, "that a murder of malice aforethought was committed in the county on or about the 19th or 20th day of November, 1789, by one Michael Graffe upon a certain Albert Guest, and as the same has not been taken notice of by any court, to the knowledge of the jury, present the same to the court that it may be taken cognizance of according to law." This was the first presentment made by a grand jury, and no further notice was ever taken of the matter, and the accused was never prosecuted. This was the only presentment made, and the court transacted no business except the appointment of constables for the village and county.

Trial Of Offenses

The next term was held the following October and adjourned without doing any business, as a jury oould not be obtained, " as the militia of the county had been called out against the Indians of the Wabash by the United States in Congress assembled." The next January term did no business for want of a clerk. The April term following met at the house of John Small, the sheriff, but did no business. At the July term, 1791, the grand inquest presented to the court the following persons for the offenses named: Patrick Simpson, Anthony Smith, Joseph Janes and Derick Simpson for a riot; Joseph Janes for an assault and battery upon Marie Lefevre, a widow; Patrick Simpson and Anthony Smith for an assault and battery upon Josette Andre, wife of Joseph Andre". It was the practice for the grand jury to appear at the bar of the court and make verbal presentment to the court of persons charged with crime, and for the court to direct the prosecuting attorney to draw up and sign the indictment. Upon this occasion the court appointed John Rice Jones, prosecuting attorney, and he prepared the indictments against these parties. These were the first indictments prepared in the county charging persons with the commission of crime, and John Eice Jones was the first prosecuting attorney. At the ensuing October term these parties were tried on these indictments and found guilty, and severally assessed with fines ranging from $12 to $22. John Rice Jones was allowed by the court $14 for prosecuting on the part of the United States. The said Jones was, in addition to his appointment as prosecutor, appointed clerk of the court in the absence of the regular clerk. Henry Vanderburg was authorized by the court "to contract for erecting in front of the church a pillory and stocks for the use of the county, to be paid for out of county funds when there shall be sufficient for the purpose." John Rice Jones was also employed for the sum of $33.33 to translate the laws into the French language, as some of the judges did not understand the English. He reported to the next term that he had made the translation and was paid the contract price. The county was divided by the court into two townships, Vincennes and Clarksville. Vincennes Township embraced all the county from the Ohio River on the south to the northern line, lying between St. Clair County on the west and the course of Blue River on the east. Clarksville Township embraced the balance of the county. The mark adopted for Vincennes Township was the letter "V" and for Clarksville the letter "C."

At the November term, 1797, John Taitham was indicted by the grand jury for grand larceny, and tried by a jury, who returned a verdict of guilty as charged. It was not the practice for the jury to measure the punishment, which' was reserved for the court. In this case the court rendered the following judgment: "That the said John Taitham pay to William McConnell the sum of 54 French crowns and $50, the amount he had stolen from him, and also pay into court another sum of 54 French crowns and §50 agreeably to the laws of the Territory, and further pay as a fine the sum of §20 and the costs, and on failure to do so to receive the quantity of fifteen stripes and be sold agreeably to the laws aforesaid."

Judges And Incidents

The following persons presided as judges, at different times, in this court in addition to the first appointees: Henry Vanderburg, Louis Edeline, Jonathan Purcell, Abel Westfall, Marston G. Clark, Antoine Marechall, John Gibson, James N. Woods, Benjamin Beckes, Ephraim Jordan, Abraham Huff, John Ochiltree, George Leech, Peter Jones, George Wallace, Daniel McClure, Elihu Stout and William N. Moorman. With the exception of Henry Vanderburg none of the judges were lawyers. Marston G. Clark, however, made a reputation. He was a native of Virginia and was raised in the backwoods, and his education was limited. He was a cousin of Gen. George Rogers Clark, was fully six feet high and very muscular, and wore leather pants, moccasins and a fox-skin cap. John Long was tried by a jury before him on a charge of horse stealing. The jury found him guilty. His attorneys moved in arrest on the ground that the indictment did not charge the crime to have been committed in the Indiana Territory. The judge, after argument, held the motion up for decision until next day, and adjourned court. After adjournment he directed the sheriff to take the prisoner out and give him thirty-nine lashes on his bare back, which was the penalty prescribed by law for the offense. The sheriff did as directed. The next morning on opening court he granted a new trial. It was the last motion in arrest made before him.

The following persons acted as sheriffs during the existence of this court in the order named: John Small, Christopher Wyant, William Prince, John Ochiltree, Daniel Sullivan, Parmenas Beckes, John McCandless, James Crow and Benjamin V. Beckes. Samuel Baird and Robert Buntin were clerks. The first attorney

Other Courts

A circuit court of "Oyer and Terminer, general jail delivery and nisi prius" was held at Vincennes, in October, 1795, before John Cleves Symmes, senior judge of the territory northwest of the Ohio. He is the same man who had a contract with the Federal Government for the purchase of 1,000,000 acres of public land on the Ohio around the present site of Cincinnati, which created much litigation, and called for congressional action to adjust the difficulties arising out of it. It was the only term of such a court ever held here of which there remains any record, and but little was done.

Territorial Courts

The Indiana Territory was erected by act of Congress, May 7, 1800, and William Clarke, Henry Vanderburg and John Griffin were appointed the first Territorial judges. Under the Territorial government there were two courts that exercised jurisdiction in this county. One was the "General Court" and the other the "Common Pleas." The general court possessed jurisdiction in civil, criminal and chancery cases throughout the Territory, which, prior to the organization of Illinois Territory, was all the Northwest outside of Ohio. The Territorial judges presided in this court, and Henry Hurst was clerk from its organization until it was superseded by the courts organized, in 1816, under the State constitution. It held terms as a circuit court in all the counties of the Territory, which were few, but of extensive territorial limits. The records of this court followed the Territorial and State capitals, and were taken from here to Corydon and thence to Indianapolis. The first term of this court was held here March 3, 1801. The first grand jury in this court was composed of the following persons : Luke Decker, Antoine Marechall, Joseph Baird, Patrick Simpson, Antoine Petit, Andre Montplaiseur, John Ochiltree, Jonathan Marney, Jacob Teverbaugh, Alexander Valley, Francois Turpin, F. Compagniotte, Charles Languedoc, Louis Severe, F. Languedoc, George Catt, John Bte. Barrois, Abraham Decker and Philip Catt.

In this court, held at Vincennes, before Judges Vanderburg and Parke, on Friday, October 14, 1808, Abraham Haley was indicted for the murder of John Coffrnan. The next day he was tried by a jury and found guilty and the death penalty affixed, and Saturday 29, of the same month, appointed for his execution. On that day he was taken to the place where the gallows was erected, to be hung, and standing on the gallows, with the rope around his neck, he was respited by the governor until the following Tuesday, when he was again taken to the gallows and placed in position, when he was pardoned by the governor. It appears from this that in those days justice was administered "speedily and without delay."

Professional Character Of Judges

Henry Vanderburg, one of the first judges in this court, was an old citizen of Vincennes, and had been an officer in the Revolutionary war. He acquired large landed possessions in this city and county. He died, being yet on the bench of this court, April 5, 1812. He was very generally esteemed by his neighbors and was regarded as a just and able judge. He was buried with the honors of war at his country seat, one mile east of the city. He left a widow and a number of children, one of whom married the late Dr. Somes. He left a very large estate in lands. His widow survived him nearly forty years, and up to her death drew a pension from the Government as his widow. Vanderburg County in this State is named in remembrance of him.

Benjamin Parke, another judge in this court, was born in New Jersey, September 2, 1777. He came West on the organization of Indiana Territory, and located in Vincennes in January, 1801. He was a pure, upright and gifted man, and his worth was soon perceived and recognized by his fellow citizens. He was called to fill many offices of trust and honor under the Territorial government. He was delegate to Congress for the Territory, and was appointed the first judge of the Circuit Court of the United States for the district of Indiana, and died the incumbent of this office at Salem, Ind., on the 12th of August, 1835. His residence here was on the John Wise property, now known as "Parke Place." Parke County, Ind., was named in honor of this just and conscientious judge.

Walter Taylor, another of the judges of the general court, was born in Lunenburg Count}', Va., and came to Vincennes upon the organization of the Territory. He was an able man, and justly regarded as one of the first men of the Territory. Upon the admission of the State into the Union he was elected one of the United States senators, and was again elected for a second term. He died at his mother's house in Virginia, August 26, 1826.

Thomas T. Davis, John Johnson and James Scott were also judges in the general court. This court ceased to exist with the Territorial government.

The Common Pleas Court

The common pleas was a local court for the county. It had jurisdiction of civil, criminal, probate and county affairs generally. The taxes were levied by this court, and collected and disbursed by the sheriff. At the February term, 1801, this court adopted rules which are commendable for their brevity. They were only four in number, and provided, first, for certain days during each term to make up issues ; second, for a docket for the use of the court of all causes at issue ; third, for the distribution of the causes over the term days so as to insure a speedy trial of every cause on the day set; and fourth, for the service and attendance of witnesses on the day the cause was set for trial. These rules, strictly adhered to and enforced in conjunction with common law practice, are sufficient for any court at any time.

This court, at the March term, 1807, levied the taxes for county, purposes that year which present some strange and remarkable features. The taxables returned by the assessors as a basis upon which revenue was to be derived, were as follows :

This levy compares shabbily with last year's collection in this county of $179,487.94. But it did not hurt the tax-payers as badly. It will be observed that a bounty was given in the way of exemption from taxation to married men, and that single men were discriminated against, no doubt, to encourage marriage, with a view to increase the population. It also appears that one-half the entire county revenue was derived from the tax on horses. It also shows that slavery was still in existence and legally recognized here, and that slaves were held notwithstanding the ordinance of 1787. And this state of affairs continued until long after the adoption of the constitution of the State in 1816, which was equally unfriendly to slavery.

Public Buildings

This court, at the March term, 1808, made a contract for building the first brick court house erected in the county. It was erected on the lot on the west corner of Buntin and Fourth Streets, now occupied by the residence of Judge Niblack. The contract was very loosely drawn and brief, and was awarded to Samuel Parr for all the work, and the price to be paid was 19| cents less than the prices for the same kind of work in the city of Philadelphia. Notwithstanding its looseness and brevity it answered the purpose, as honesty and fair dealing was the rule in those days. It was a fine specimen of architecture for the time. The judge's seat and the bar were in a circular form at the northwest end of the building, similar to the construction of the rear of the Cathedral. It was a better building when torn down than its successor, which was erected on the present court house square about twenty years afterward. It only cost the county $3,156.41-|, and compares favorably with the result of the cost of the present court house, the erection of which was guarded by long and elaborate plans and specifications prepared ostensibly with care by a skillful architect, at a cost equal to the entire cost of the courthouse of 1813, and supplemented by a long and verbose contract and bond, and to be completed for $85,000, and which finally cost the tax-payers of the county about $500,000, exclusive of the recent improvements in the court room. It was completed and occupied in July, 1813. It was not the first court house in the county, as several other buildings had been used for court purposes prior to that time, and from 1810 to 1813 a house owned by Antoine Marechall had been used, for which $200 rent was paid. This court was a continuation of the court first organized by Secretary Sargent, in 1790, and was presided over by some of the judges already named.

The Probate Court

Since the organization of the State government probate matters have been transacted by different courts. The first one in the order of time was the "court of probate." The following judges presided in this court, in the order named: William Caruthers, William It. McCall, John Ewing, John B. Drennon, Henry Kuble, Mark Barnett, William L. Colman, William Police, John Moore and Bichard P. Price. This court adjourned sine die, Saturday, August 15, 1829. None of the judges of this court were lawyers or ever achieved any judicial reputation, although some of them, particularly John Ewing, gained reputation in other public employments. Mr. Ewing was for many years a representative of this county in either the House or Senate of the General Assembly of the State. He also represented this district in Congress for two terms, being the Twenty -third and Twentyfifth Congresses. He always boasted, when alluding to his birth, that he was born on the ocean in an American vessel, and that the first sight that gladdened his infant eyes was the "star spangled banner." But his claim was unfounded. The writer of this was administrator of his estate, and found, after his death, among his papers, his letters of naturalization taken out in the marine court of Baltimore, wherein he declared he was born on the "Green Isle." He had the rich Irish brogue in his speech, which betrayed his Irish origin, and in 1844 W. W. Carr, at the exciting and hotly-contested election of that year between Clay and Polk, challenged his vote on the ground of alienage, and called for the production of naturalization papers, or for him to take the oath prescribed. Mr. Ewing would not recede from his uniform claim of being an American citizen, and refused to take the oath. The challenge came near producing a bloody conflict of the opposing forces at the polls, which was averted by allowing Mr. Ewing. to vote without showing any papers or taking any oath. Mr. Ewing took a very active part in that election, and was a firm supporter of Mr. Clay and his "American system." He made a speech during the canvass nearly every day and night. He was a fluent speaker and used elegant language, and could dress his ideas upon the same subject matter in such new and varied verbiage as to be apparently dealing with a new subject, and, consequently, his speeches were always interesting. He could do this as facilely and readily as the chameleon can change its color. From his long service in public life he had an extensive acquaintance with the distinguished men of his day. He left at his death communications received from Clay, Webster, Choate, Crittenden, Mc- Lean, Carmin and other great leaders of the Whig party in the Union. These were carefully preserved by him, and after his death were deposited in a room of the court house, where they were eaten up by a cow of Martin Authis, the sheriff, which got into the room and could not get out. She lived on these letters for several days as her only food, but died before her imprisonment was discovered. The last official position Mr. Ewing held was clerk of the city of Vincennes, in 1857. He never married, and left no known relatives. He lived a lonely and isolated life, and died in this place in his office and chamber, without any one being present, April 6, 1858. He was buried in the center, and is yet the sole occupant, of a lot in the city cemetery.

This court was succeeded by the "probate court," which was organized September 7, 1829. The following persons presided as judges in this court in the order named: William Polke, from September, 1829, to 1831; George W. Ewing, from April, 1831, to 1835; Abner T. Ellis, from October, 1835, to 1838; Robert N. Carnan, from December, 1838, to 1839 ; George E. Gibson, from August, 1839, to 1841; Robert F. McCanaghey, July term, 1841; John H. Harrison, from October, 1841, to 1842; James Thorne, from August, 1842, to 1849; Clark Willis, from August, 1849, until 1852, when the court was abolished. Of the above judges Ewing, Ellis, Carnan, Gibson and McCanaghey were lawyers, but the others were not. George W. Ewing was a native of this county and a son of Nathaniel Ewing and brother-in-law of John Law. He acquired an enviable reputation for the care and atten- tion he gave to guardian's accounts and the settlement of decedents' estates, and was called generally by the people " the orphan's friend." Mr. Ellis and Mr. Carnan were very prominent in the politics of the county, and very often represented the county in the Senate and House of the State Legislature. Mr. Carnan was speaker of the House during the session of 1847. He was also receiver of this land district under President Taylor. He still lives in retirement in a northwestern State. Mr. Ellis was for many years president of the borough of Vincennes, and was one of the prime movers for the improvement of the navigation of the Wabash River and was president of the company that constructed the lock and dam at the grand rapids in 1846-47. He also projected and aided the construction of the Ohio & Mississippi Railroad and was the first president of the company. He died in this city in October, 1864. Mr. Gibson was a lawyer and a partner of Samuel Judah. He left here many years ago and removed to Crawford County, 111., where he still resides, but is not in the practice of law. Mr. Harrison was a minister of the Christian or Campbellite Church, and served but a short time. He married Sarah P. Wheeler, a daughter of Henry D. Wheeler, and his widow and several of his children reside in this city and county. He died from accidental drowning in White River during his term. Mr. McCanaghey was a very young man and a professional lawyer. He came to this place from western Pennsylvania, where he was born and educated. He soon attracted attention, and was considered a safe and reliable lawyer. A bright future seemed to open before him when he was raised to the bench, but he died during his term, having presided only at the July term, 1841. Judges Thorne and Willis were rivals. The former was charged with being too much influenced and controlled by Col. Allen ; but he kept his seat on the bench for seven years. An allowance he made Col. Allen for drafting administrator's deeds for lots sold in the now defunct town of Pierreville, being a sum five times in excess of the amount the lots sold for, was the particular feather that broke the camel's back. It afforded Judge Willis campaign thunder to use with effect on the stump and resulted in a Waterloo defeat for Thorne. Judge Thorne lived on a farm and lost his life in the fall of

1860, his body being entirely consumed with his house by fire. Judge Willis lived at Bruceville and was engaged for many years in the mercantile business as a partner of Hugh Barr. He took a lively interest in political matters and loved to make political stump speeches. He possessed considerable influence, and practically controlled his township in the interest of his political party. He was a candidate for representative in 1856 against James D. Williams, but was defeated by a large majority, owing partly to the fact that at the time the opposition to the Democracy was divided in political sentiment and action between the American and Republican parties. He enlisted during the civil war and was elected captain of a company, but performed little active service in the field. He was an unsuccessful candidate for doorkeeper of the House of Representatives of the Indiana Legislature in 1873. He died during the spring of that year at his home in Bruceville, leaving several children surviving him, some of whom are still residents of this county.

Common Pleas Court

This court was succeeded by the "court of common pleas," which in this county was organized January 3, 1853. This was not a county court, but several counties were grouped together to form a district, and the same judge and prosecutor officiated in all the counties of the district. This district was composed of Knox, Daviess, Pike and Martin Counties. This court possessed jurisdiction of probate matters and of misdemeanors, and in civil matters except divorce, slander, ejectment and where the amount in controversy was less than $1,000. The following persons presided as judges in this court: Richard A. Clements, from 1853 to 1860 ; James C. Denny, October term, 1866 ; Richard A. Clements, Jr., from 1866 to 1867; William R. Gardiner, October term, 1867; James T. Pierce, from 1867 to 1873. The judges in this court were all lawyers, and with the exception of Mr. Denny, who held by the governor's appointment to fill a vacancy caused by death, were all residents of Daviess County. Richard A. Clements, the first judge, was born in Bladensburgh, Md. He came West to contract for stone work on the public works being constructed by the State and Federal Governments, during the inter- nal improvement era, he being by occupation a stone-mason. He did not resort to the law as a profession until after he came to Indiana and when he was advanced in years. But possessing a strong and vigorous mind, and applying himself diligently to study, he soon gained a reputation at the bar and secured a large practice.

He represented Daviess County in the State Legislature, and was elected judge of the common pleas, in October, 1852, by a large majority, over Robert N. Carnan. He distinguished himself as an upright, pure and conscientious judge, and was continued on the bench by successive elections until his death in 1866. His son, Richard A. Clements, was elected his successor. His son was a native of Daviess County, Ind., and a graduate of the Law Department of the State University. He commenced the practice of his profession in Washington, Ind., where he continued to reside until his death, in the summer of 1867. He represented Daviess County in the House of the State Legislature, and was several times elected the prosecuting attorney of this judicial circuit. He was elected judge of the common pleas in October, 1866. He was prevented by death from displaying or developing his judicial capabilities. He died during his first term, being still a very young man. Mr. Gardiner was appointed by the governor to fill the vacancy caused by his death, and held the October term, 1867. He never acquired any particular reputation as a jurist from this service, as it was so brief, but he would doubtless have done so if opportunity had been allowed him. He has since, at the bar, acquired a just and merited reputation, not confined to this State, as one among the most eloquent and gifted advocates in the West. He was defeated for the judgeship at the October election, 1867, by James T. Pierce. This was not the result of the lack of any personal popularity, but solely due to political considerations. He was a Republican, and the district was largely Democratic, and he fell with his party. In 1872 he joined the column of "liberals," and left the Republican party, and, as he declared, "had burnt the bridges behind him.'', He came within a few votes that year of being nominated as the Democratic candidate for reporter of decisions of the Supreme Court, over John Robinson, of Spencer. We regret to say the pontifical structures alluded to by him were not wholly destroyed in the conflagration of 1872, and have since been repaired and enabled him to cross back to his first allegiance. James T. Pierce, his successor; was born in Bussell County, Ky., October 30, 1835. He graduated at Center College, Ky., and came to Indiana and located at Washington, and commenced the practice of law in 1860. He was twice elected prosecutor of this common pleas district. He was elected judge of the district in 1867, and held the office until it was abolished in 1873. He now resides in Terre Haute, and is engaged in the practice of his profession.

The clerk of all the above courts as well as the circuit yet to be mentioned are the following in the order named : Samuel t Baird, Eobert Buntin, Homer Johnson, Daniel C. Johnson, Alexander D. Scott, William B. McCord, William Denny, Henry S. Cauthorn, Aquilla P. Woodall, William B. Kobinson and George B. Alsop. It will be observed that during the lapse of a century only eleven persons have been incumbents of the clerk's office in this county.

The Circuit Court

The most important court in dignity and jurisdiction has ever been the circuit court from its organization to the present. It has ever possessed general common law and equity powers in all cases both civil and criminal. It was first created by an act of the Territorial Legislature passed at Corydon in 1814. The court first met in this county on the second Monday in May, 1814, being the 9th day of May, that being " the day fixed by law for opening the Circuit Court." But none of the judges putting in an appearance the clerk and sheriff of the county opened and adjourned the court from day to day for three days successively, and then adjourned until court in course without doing any business. The same proceeding took place at the following August term. March 6, 1815, court met with Isaac Blackford, president judge, and Daniel Sullivan and James B. McCall, associate judges. The first grand jury was empaneled and sworn, consisting of the following persons: William Polke, foreman, John Widner, Christopher Wyant, Aaron Quick, Conrad Crum, Joshua Thorn, James Niele,

The following persons at this first term were admitted as members of the bar: Henry Hurst, Gen. W. Johnston, John Johnson, William Prince, George E. C. Sullivan and Benjamin Furguson. They were all sworn "to support the Constitution of the United States and to honestly and faithfully discharge their duties as attorneys at law, and specially to avoid and prevent duelling, and to aid in enforcing the act against duelling.

Personal And Professional Sketches

Niblack, Denny, Baker and Malott. All of tkem are professional lawyers and deeply versed in common law learning. They all discharged the duties of their trust creditably and satisfactorily, and the judicial ermine has not been soiled by the official acts of either.

Isaac Blackford, the first one of the line, was a native of New Jersey, and a graduate of Princeton College. He located at Vincennes and began the practice of law while Indiana was a territory. He was small of stature and thin in person, and as void of surplus flesh as his decisions of surplus verbiage. He was not a speaker in any respect, and was a man of few words and to the point. He held many official positions. He represented the county in the Legislature, and was speaker of the House at the first session under the State government. He was appointed a judge of the supreme court of the State, to fill the vacancy caused by the death of John Johnson, September 10, 1817, and was continued by successive elections on the supreme bench until January 3, 1853. He was subsequently appointed a judge of the Federal court of claims, and died while still a member of that court. He was very economical in his habits and always wore a black suit glossy from long use, and a black silk hat well worn from frequent brushings. As a consequence he amassed a large fortune. He married a Miss Johnson of this county, but their marital relations were not pleasant and they ceased to live together before her death. His wife and only child, George, died in this coiinty long before he died. He was thought by many, at the time he was appointed supreme judge, as too young for that high judicial station, but he fully realized the expectations of his friends, and his enduring reputation will rest upon the decisions delivered by him while a judge of that court, and the eight volumes of reports of its decisions which he published.

David Baymond presided as president judge in the circuit court of this county in 181(5, during all terms held that year. But little is known concerning him, whence he came or whither he went. His signature to the recoids of court disclose a fair, regular and uniform hand writing, indicative of culture and refinement. His commission as judge of the circuit was not spread on record according to the usage in this county. AVe think, however, he was from one of the Southern States, with slavery predilections. While he presided as judge in this county, Ma-sou-pe-con-gar, or the Owl, an Indian, who owned and lived on the survey in the upper prairie, of which Judah's addition to Vincennes is a part, brought an action of detinue against Thomas Jones, for a black or mulatto girl and a cross-cut saw. The case was tried by jury, October 5, 1816, who returned a verdict that the Indian was entitled to recover the black girl and the saw. A new trial was granted. The wonder is that such a cause of action could travel along so far as an issue and trial in a court proceeding according to the course of the common law and under the operation of the ordinance of 1787.

William Prince came to Vincennes and located uuder the Territorial government and commenced his career here. He was a young man when he came, and he married Miss Theresa Puryea, a daughter of one of the old resident French families of Vincennes. His wife's parents resided on the lot on Main Street, now occupied by the Presbyterian Church and jjarsonage. They lived to a very advanced age, and the old man took delight in keeping his lot clean and nice, which he did when over ninety years of age. Judge Prince on the organization of Gibson County, removed there and the county seat was named for him. He was elected to Congress from this district in 1824 and died that year during his term. He left surviving him two daughters, one of whom married Judge Samuel Hall, the projector and first president of the Evansville & Terre Haute Railroad. Many of his descendants yet reside in Gibson County.

Thomas H. Blake came to this place from Washington City, where his father was at one time mayor. He was admitted to the bar in our circuit court May 27, 1816. He afterward removed to Terre Haute. He was an educated and accomplished man, and ambitious to a fault. He was of splendid personal appearance, fully six feet high and straight as an arrow. He was a perfect gentleman and honorable in all his dealings. He soon showed a decided preference for political distinction, and, after several unsuccessful efforts, was returned to the Twentieth Congress, in 1827, from this district. He was afterward appointed commissioner of the general land office. He died when yet comparatively a young man.

Gen. Washington Johnson was a native of Culpepper County, Va., and came to Vincennes in 1793, and was the first attorney at law admitted to the bar in this county of which there is any record. He was a prominent member of the bar in his day, and filled many places of trust in the borough of Vincennes and under the Territorial government. He represented the county several times in the Legislature, and was speaker of the House during the second sessions of the second and third Territorial Legislatures. In conjunction with John Rice Jones he prepared in 1808, by authority, the first revision of the laws of the Territory. He died in this place on October 26, 1833.

Jonathan Doty was a native of Somerville, N. J., and a graduate of Princeton College. He was quite young when he came to Vincennes, but must have displayed superior legal talent, ns he was soon elevated to the bench as president judge of the circuit court. He died the incumbent of that office February 22, 1822.

Jacob Call was a native of Kentucky. He presided in the circuit court for two years. During his term Thomas McKinney was indicted and tried for the murder of James Boyd, and convicted and sentenced by this judge to suffer death, and was accordingly executed October 15, 1822. "William Cox, a colored man, was also indicted and tried for committing a rape on Miss Smith, and was convicted and also sentenced by this judge to suffer death, and was executed April 9, 1824, These are the only jjersons who have suffered the death penalty in this county, in accordance with a judicial decree. Judge Call was elected to Congress from this district, to fill the vacancy caused by the death of Judge Prince, over Thomas H. Blake, in November, 1824 He committed suicide by hanging himself with a silk handkerchief at Frankfort, Ky., April 20, 1826.

John R. Porter resided in this State in Orange County. He was admitted to the bar in Martin County at the first term of the circuit court held in that county in 1820. He had in all probability been admitted before that in some other court and county, and had been in the practice of the profession for some time. One of his relatives was one of the first associate judges of Martin County, and he was prosecuting attorney of the circuit. Por-

John Law was a native of New London, Conn., where he was born October 2, 1796. He came to Vincennes in 1817, and commenced his professional career. His talents and eloquence soon advanced him in public estimation, and for nearly half a century he was regarded as a leading citizen of this county. He filled many positions of public trust. He was prosecuting attorney of the circuit, receiver of public moneys for this land district, commissioner of the United States to adjust land titles in the Vincennes land district, and was twice elected to represent the district in Congress. He was one of the original owners of Lamasco, now part of Evansville, the said town deriving its name from taking the first letters of the names of the three proprietors - Law, McCall and Scott - and combining them together. In consequence of this interest he removed to Evansville and resided a few years, where he died, October 17, 1873, but his remains, in accordance with his often expressed desire while living, were brought and buried in the public cemetery near this city.

Amory Kinney resided at Terre Haute while he presided in our circuit court. He was a learned and able lawyer and noted for the encouragement and advice he gave young men. He was a good judge of human nature, and his appreciation and discernment of the capabilities of men was excellent. He discovered in Samuel B. Gookins (who had learned the printer's trade, and was about to leave Terre Haute for Washington City to seek employment at his trade under government patronage) a legal mind that needed only training and development. After much persuasion he finally induced him, at an advanced age, to commence the study of law. and while he was yet on the bench he gave him the use of his office and library, and trained him until he was called to the bar, with what result is well known.

Elisha Mills Huntington was born in Otsego County, N. ¥., March 26, 1806. He came to Indiana in 1822, and was admitted to the bar in this county March 27, 1827. He was elected president judge of this circuit in 1837, and acquired considerable reputation as a learned and conscientious judge. In 1841 he was appointed commissioner of the general land office by President

Tyler, which he held only for a short time, as, upon the death of Judge Holnian, he was appointed judge of the United States Circuit Court for the district of Indiana, and discharged the duties of that important position for a number of years, with credit to himself and the satisfaction of the public. He died the incumbent of that position, at St. Paul, Minn., October 26, 1862.

William P. Bryant was judge of our circuit court for two years. During his occupation of the bench but little business of any exciting or important nature occupied the attention of the court. That he discharged his duties acceptably is attested by the fact that his official course never provoked criticism or censure. We do not know where he resided when he was judge of this circuit, but have always been of the impression that he resided in Eockville, Parke County.

Samuel B. Goodkins lived at Terre Haute when he was our circuit judge. He comes of an old Puritan family that immigrated to this country among the first who came. He was born in Bennington County, Vt., May 30, 1809. In 1823 he came to Indiana, and located at Terre Haute. In 1830, after finishing his apprenticeship as a printer, he came to Vincennes and commenced the publication of the Vincennes Gazette, a political newspaper, which was continued for many years by R. Y. Coddington after he left. He returned, after a residence of a year or two, to Terre Haute, and there commenced the study of law, and was admitted to the bar in 1834. He had received in his youth but a limited education, and may be called a self-made and self-educated man. He was elected one of the judges of the supreme court of Indiana, and continued on the bench in that court for three years, when he resigned on account of the smallness of the salary. He removed to Chicago and commenced the practice of law, and secured a lucrative business. He is still living, and has returned to Terre Haute, where he resides.

Delana R. Eckles lived at Greencastle when he was our circuit judge. The business of our court had been suffered to lag, and many cases undisposed of had accumulated, until the docket, when he took the bench in our county, was very large. By his energy, promptness and strict enforcement of rules, he soon cleared his docket, and acquired a reputation as a jurist in dispatching bus- iness which is yet remembered and spoken of by old residents of the county. Yet he discharged his duties well and all cases were fairly tried, and no complaint was ever made that he sacrificed the interest of any litigant in order to expedite business. He was afterward appointed chief justice of Utah, and held that position until 1861. The judge, in addition to being a well read lawyer and able jurist, is an agreeable companion. As a pastime he has been partial to fox hunting. According to his own relation, one morning he mounted his charger and called his hounds, and soon "raised" a fox near his premises in Putnam County. His trained perceptions in such matters soon convinced him he had "roused a veteran." It was just sunrise, and he determined to give chase, and succeeded in capturing the fugitive, about sunset, on the banks of the Ohio River. Judge Mack, of Terre "Haute, informs me he is living in retirement on his farm, as Blackstone expresses it "otium cum dignitate." Long may he live.

Alvin P. Hovey was quite young when he presided as judge in our circuit court. He has a quick and penetrating mind, and being well versed in the science of law could easily and readily grasp the salient points of a case, and consequently dispatched business rapidly. He was as a general rule courteous and urbane, but impulsive and excitable, and sometimes, for a moment, manifested irritation in dealing with attorneys. But such feelings passed away as quickly as they appeared, and he gave general satisfaction as a judge, and was held in high esteem by attorneys and litigants. He was afterward district attorney for Indiana, and also a judge of the supreme court of the State. During the Rebellion he entered the army and gained an enviable reputation for skill and bravery as a general in the Federal service. He ran for Congress in this district, and was defeated by Judge Niblack, but by a reduced majority. He still lives and is engaged in the practice of law at Mount Vernon, Ind.

William E. Niblack was born in Dubois County, Ind., May 19, 1823. He commenced his public career in Martin County. He was elected to the House and Senate of the State Legislature while he resided there. He was appointed judge of this judicial circuit in 1854. While still circuit judge he was elected, in 1858, to Congress from this district to fill the vacancy caused by the death of James Lockhart. and was re-elected at different times, until he served in Congress altogether fourteen years. He served in Congress during the trying period of the civil war, and by his wise and conservative course was esteemed a prudent and safe legislator. During this period he came in possession of a curious gun, and called a few friends to his house to inspect the weapon. The peculiarity about it was that it "kicked," and without great care was liable to hurt the person using it. He was elected to represent Knox County in the House of the State Legislature in 1862, and from his long service in legislative bodies and his experience should have been elected speaker, but his modesty caused him to yield to the claims of a friend. In 187(1 he was elected a supreme judge of the State and re-elected in 1882. He has increased his reputation as a judge during his service on the supreme bench. He removed to this place about the commencement of his congressional service, and has resided here ever since.

Ballard Smith was a young man when he became judge of the circuit court, and served but a brief period. He had previously been a member of the House of Representatives of the State Legislature, and was speaker thereof. He resided at Cannelton, in Perry County. He was a brother of Hamilton Smith, who was 6o largely interested in the manufacturing interests of Cannelton. Judge Smith died young, before his mental powers were fully developed, and before he had opportunity for the display of his capabilities.

Michael F. Burke was also young when he became circuit judge. He was born in Limerick, Ireland, March 10, 1829, and came to this country in 1848. He had a thorough classical education. He commenced the study of law and graduated at the law department of the State University in 1851. He commenced the practice at Washington. He was a hard student, and prepared his cases for trial with much care. He was energetic and labored for success in whatever he undertook. He was a forcible speaker, and relied more upon fact and reason than the flowers of eloquence. Before he became judge he prosecuted the pleas of the State one term in our county, by court appointment, in the absence of the regular prosecutor. He made his mark by the vigor and ability he displayed in managing the State cases and materially advanced his chances to be elected judge the same year. He was elected in 1858. He had a judicial mind and disposed of business rapidly. He was very popular with the bar. He was an active and influential Democrat, and was regarded as the leader of his party in Daviess County, and, during his life, through his tact and management, his party was invariably successful. He had bright prospects of being distinguished in his profession, and would undoubtedly have reaped a harvest of honors in any field he may have sought to cultivate, had not death claimed him in the very dawn of his public career. He died in the summer of 1864, during his first term on the bench. He was a warm and devoted friend, and many a tear was shed over his early death.

James C. Denny was appointed by Gov. Morton to fill the vacancy caused by the death of Judge Burke, and presided at the August term of our circuit court. He was born we think in this county, and is in a great measure a self-made man. He is energetic in looking after his professional business and seems never to realize when he is beaten in a law suit or is willing to say "hold, it is enough," until the last ditch has been reached. He was elected attorney-general of Indiana in 1872, and removed from here to Indianapolis where he now resides and practices law.

John Baker was elected by the people in 1804, and served one full term of six years. He was born in Woodford County, Ky., near Versailles, October 12, 1812, and came to Indiana in 1815. He had, in youth, but limited educational advantages. He first learned the stone-mason trade and followed that occupation until after he arrived at full age. He commenced the study of law after his marriage. He then resided in Orange County, this State. But he studied hard, and possessing a strong mind, sound judgment and a good memory, he made rapid progress and soon took rank as an able lawyer and managed his cases with skill. As a judge he gave very general satisfaction, and was prompt in the discharge of his duties and disposed of business rapidly and satisfactorily. He resided and practiced law for many years in Bedford, Lawrence Co., Ind. He removed to Vincennes in 1850 and resided here until about three years ago, when he removed to Washington, where he now resides engaged in the practice of his profession.

Newton F. Malott was born in Lawrence County, Ind., in 1831, and practiced law for many years at Bedford in partnership with Thomas R. Cobb. He graduated at the law department of the State University. He removed to Vincennes in 1867 and commenced the practice here. He was first elected judge in 1870 and has remained on the bench until the present, having been re-elected in 1876 and again in 1882. He has continued in service as circuit judge much longer than any of his predecessors and on the expiration of his present term, will have served continuously in that capacity for eighteen years. He is yet, comparatively speaking, a young man, and comes of a healthy and long lived ancestry. The parents of his wife celebrated their golden wedding February 9, 1886, a very remarkable event very rarely occurring, and to no more than one couple out of every 20,000 marriages actually solemnized. When he was first elected sis counties, Knox, Daviess, Martin, Gibson, Pike and Dubois, composed this circuit. "When the common pleas was abolished in 1873, and its business and jurisdiction transferred to the circuit court, it was reduced to comprise the first three named counties, and in 1879 Martin County was transferred to another circuit, and in 1885 Knox County was constituted a circuit of itself. Judge Malott is a very cautious and prudent judge, and carefully examines every matter requiring his decision. He is particularly careful in the examination of the accounts of guardians and administrators under his jurisdiction, and has saved much to widows and orphans interested in estates passing through his court. He is generally regarded as a thoroughly read and educated lawyer. He takes time to consider and investigate all legal questions that arise in the progress of a cause on trial before him which require his judicial decision. He devotes more time, perhaps, in the trial of causes than a speedy dispatch of business in a nisi prius court will allow. But the business when done is more maturely considered and less liable to be tainted with error. As a judge he has given general satisfaction and enjoys a reputation at home and abroad as an able and safe judge. He is frequently called upon to preside at the trial of important causes in place of the regular judge in other circuits. He has tried to redeem the pledge he made to the convention which first nomin-

The Local Bar

The Vincennes bar has always maintained a high rank. In the early days of the Territory, when Vincennes was the capital, it was the common point which attracted the attention of the young and aspiring candidates for fame and fortune in the populous portions of the country, and to which they directed their steps when they first came West "to grow up with the country." The most of the distinguished names which have given luster and renown to our own and other Western States by their eloquence at the bar and in political employments, first located here when they sought a home in the West and here commenced their career. We cannot name them all, but will refer to a few who attained marked prominence and renown:

John Rice Jones was a young man when he came to this place. He was an educated man and something of a linguist, as he was employed by the common pleas court in 1791, to translate the laws of the Territory into French for the use of the court. He was also appointed clerk of the court at October term, 1791, as well as prosecuting attorney of the pleas of the United States and was the first prosecutor in the county after the acquisition of the Northwest by the Federal Government. He was an able and active man from all accounts we have of him, and took a prominent part in the controversy that arose upon the proposition to have the ordinance of 1787 suspended in the Territory as to the tenure of slave property. He was challenged to fight a duel on account of his prominence in that controversy, and his friends claimed the object was to compass his death to get rid of his influence. He removed from here to St. Clair County, in the Illinois Territory. He was the father of George W. Jones, for many years a United States senator from Iowa.

Moses Tabbs was admitted to the bar here in 1818. He was a native of Maryland, and married one of the daughters of Charles Carroll, the last survivor of the signers of the Declaration of Independence. He was a learned man, an able lawyer and an eloquent speaker. He was noted for his probity and uprightness, and was an exemplary member of the Catholic Church. He was popular, and would have left a splendid official reputation behind him, and ranked as one of the first men of his day, had he remained. After a residence of a few years he returned to his native State.

Charles Dewey was a leading lawyer of the State from its organization until he was elected a supreme judge of the State. We do not know where he was born, and have never seen it stated, but suppose he came from New England, as the old Kentucky and Tennessee settlers of this county used to refer to him as a good lawyer, but a dangerous politician, as " he had Federal notions and hated slavery." He was engaged in many important cases in our court. In conjunction with David Hart he defended Thomas McKinney on his trial for murder, one of the two men who have been executed, in accordance with judicial decree, in this county. He had the reputation of being one of the best special pleaders at the bar. At the Clarke Circuit Court he argued a demurrer a whole day before the court. He was elected a member of the supreme court in 1836, and remained on the bench until 1847. It was thought he could not on the bench sustain the reputation gained at the bar, but he developed splendid powers, and left an enduring reputation as a jurist.

David Hart was a native of North Carolina, and a graduate of the university of that State. He came to Indiana in 1816, and located at Princeton. His legal abilities were soon discovered, and he was elected judge of that judicial circuit, and remained on the bench for three years. His active mind longed for a more exciting field for the display of his abilities, and he resigned the judgeship to make his fame at the bar. He removed to this place in 1820, and at once took a leading position at our bar among the many able members then composing it. His career was cut short by death December 22, 1822.

Thomas Randolph was a native of Virginia, a relative of the celebrated John Randolph, of Roanoke, and also of President Jefferson. He was attorney for the United States for Indiana Territory. He soon entered the political arena. He was a friend to Gov. Harrison, and was charged with being in sympathy with him in his efforts to have the ordinance of 1787 suspended in regard to slavery. He was a candidate for congressional dele- gate in 1809, but was defeated by Jonathan Jennings by only forty-three votes. He attributed his defeat to the charge made of his having slavery proclivities, which he denied in circulars and in his public speeches during the canvass. After the election he challenged one of the reputed authors of the charge, which was not accepted. He was the father of Mrs. William Sheets, of Indianapolis.

Alexander Buckner came from Louisville, Ky. He was connected with the wealthy and influential families of Buckner and Sullivan of that State. He remained here but a short time, and went West, and on the admission of Missouri into the Union was elected one of her first senators in Congress. He was an able and eloquent man, but died in the bloom of early manhood.

George R. C. Sullivan was also from Kentucky, and a relative of Mr. Buckner and Elihu Stout, the founder of the Western Sun. He came when Indiana was a territory, and held many official positions. He was secretary of the legislative council at both sessions of the Fifth General Assembly of the Territory. He represented the county several times in the Legislature, and served for many years as postmaster at Vincennes. He was prosecuting attorney for this circuit, and acquired the reputation of being one of the most eloquent advocates at the bar. He removed from here to Quincy, 111., where he died. He married a daughter of Judge Vanderburgh, and left several children. Henry Sullivan, one of his sons, founded the Quincy Whig, one of the most influential political papers in that State, through the financial success of which he accumulated a large fortune, which he still lives to enjoy.

John Johnson came to this place in territorial days and commenced the practice of law. He was a hard student, but nothing of a public speaker. He was of the same order of talent as Judge Blackford. He removed from Vincennes to Princeton, and represented that county in the first Legislature under the State government. He was elected one of the first judges of the supreme court of the State, but died the following year, before he had opportunity to prove his fitness and qualifications for the position by his official acts.

married here by Samuel E. Alexander, April 4, 1829, to Miss Margaret C. Duncan. He practiced at our bar for several years. He removed from here to Covington, Ind., and was elected from the Seventh District to the Twenty-third and Twenty-fourth Congresses. In 1843 he was elected United States senator, and served in that body until 1849. He was regarded (distinguished as the senate was during that period), as one of its most eloquent members. The death of Henry Clay was announced to the Senate by the prearranged signal of the tolling of all the bells in the city, while Mr. Hannegan was addressing the Senate, who instantly left the subject he was discussing and referred to the death of the "great commander" in a speech that attracted the attention and praise of the entire country. After the expiration of his senatorial term he left the State and located at St. Louis to practice law, but soon after died broken-hearted, occasioned by the homicide of his brother-in-law under an insane impulse.

Samuel Judah was born in the city of New York in 1798. He came to Indiana and located at Merom, in Sullivan County. He very soon came to this place and commenced the law practice, and continued until his death. He was regarded as one of the best lawyers in the country, and was often consulted in important cases outside of this State. He was engaged in almost every important case that arose in this county during his long practice at our bar. He consequently accumulated documents and memoranda relating to causes that were disposed of in our court, which he received in his professional capacity and preserved, many of which in all probability contain evidences which the parties concerned would not desire made public, and he made provision in his will that no Vincennes lawyer should be permitted to examine them. He was the chief counsel employed by the Vincennes University in the long and tedious litigation to recover the township of land in Gibson County granted by the United States for its use. He first instituted a number of ejectment suits in Gibson County to dispossess the grantees of the State who had purchased at the sales authorized by an act of the State Legislature for the benefit of the State University at Bloomington. These suits caused great excitement in Gibson County, and the attorneys of defendants stimulated it and advised mob violence as the easiest way of getting rid of them. Mr. Judah was in great personal danger while in the county to attend to them. The excitement increased, and so many persons were involved that bloodshed would have resulted had not the State wisely prevented it by passing an act authorizing a suit to be brought against the State in the Marion County Circuit Court to try the title, and pledging the honor and faith of the State to abide the result. Mr. Judah brought the suit so authorized against the State, and dismissed the Gibson County suits. After a long and tedious litigation in the Marion Circuit Court, the Supreme Court of the State and the United States with varying results Mr. Judah was finally successful, and recovered the value of the land sold by the State. The State should, in accordance with her plighted faith and honor, have appropriated the money or issued her bonds to liquidate the amount recovered. But this was not done until some of the leading and influential members of the Legislature had tarnished their reputations by accepting a "quid pro quo" to cease their opposition, and support the bill authorizing the issue of State bonds to cancel the claim. Mr. Judah, as attorney for the university, received the bonds so issued by the State in satisfaction of the claim. He retained one-third of the amount he so received for his legal services and expenses incurred in procuring the passage of the bill through the Legislature. The trustees of the university then brought suit against him to recover these bonds. This suit was almost as long and notorious as the suit brought against the State. The ablest legal talent was employed. David McDonald and Asher F. Linder for the trustees, and John P. Asher and Mr. DeBruler for Mr. Judah. It developed in its progress through court legislative corruption and bribery. Mr. Judah was United States attorney for Indiana under President Jackson, and served several times as a member of the Legislature from this county and was once speaker of the House. He died in this city April 24, 1869. Noble Judah, of Chicago; John M. Judah, of Indianapolis; and Samuel B. Judah, of this city, are his sons. The two former are leading and prominent attorneys in their respective cities.

nerskip tkey commenced tke practice. Benjamin M. was admitted to tkis bar Marck 25, 1839. He was tkorougkly educated in common law learning, and was as well versed in tke principles and science of law as any one wko ever practiced at tkis bar. He was not a fluent or eloquent speaker, but kis strengtk lay in kis knowledge of tke law, and tke plain and forcible manner in wbick ke presented kis points. He was, like Mr. Judak, engaged in all cases of importance in our court wkile ke practiced kere. He kad a very extensive and lucrative practice, and may be said to bave kad a monopoly of tke collection business, wkick at tkat time was tke cream of tke lawyer's profits, all suck business passing tkrougk their kands instead of tke banks. In 1853 be was appointed district attorney for Indiana. He became a convert wkile kere to tke Catkolic Ckurck, and was a faitkful and strict member tkereof until kis deatk. He removed in 1856 to Ckicago and in partnerskip witk Judge Gookins practiced law. His abilities secured kim a lucrative practice. He came back kere completely broken in kealtk, and died in 1863.

William W. Carr was admitted to tke bar of tkis court October 2, 1843. He formed a partnerskip witk Cyrus M. Allen and practiced several years witk brilliant success. He was just of age wken ke came to tke bar. He was well educated, kaving pursued botk a classical and legal course of studies. He was a stepson of Judge Jokn Moore, tke first mayor of Vincennes. He was appointed by tke court prosecuting attorney for tke September term, 1845. During tke exciting political election of 1844 ke took a leading and prominent part on tke Democratic side, and was a favorite speaker at all tke mass meetings of tkat party in tkis section. He was a fluent and eloquent speaker and of fine personal appearance, witk wkite flaxen kair tkat added to kis looks. He was appointed by President Polk secretary of Oregon Territory, but keld tke position for only a skort time and was compelled to resign in consequence of failing kealtk. He died at tke residence of Judge Moore of consumption in 1847.

Cyrus M. Allen was a native of Clarke County, Ky., and came to Indiana about 1838, and first located at Paoli, and afterward at Petersburg, but in 1843 removed kere and commenced tke practice and continued until kis deatk. He was not a first-class lawyer, so far as reading and learning were concerned, and his main forte was as an advocate. Whilst not an orator or even a pleasing or agreeable speaker, he possessed a certain suave and familiar address, which gained him favor with juries and rendered him a formidable opponent at the bar. He did not confine himself to his profession, but was largely interested in contracts in building the Ohio & Mississippi Railroad and the Indianapolis & Vincennes Railroad and other roads. He represented this county twice in the State Legislature, and during the regular and special sessions of 1861 was speaker of the House. He was secretary of the Knox Insurance Company when it failed, and it required all his tact and skill to pacify the creditors of the concern who came to collect their claims. He was the Republican candidate for Congress in this district in 1864, and ran against Judge Niblack. They made a joint canvass of the district. He was only defeated by a majority of about 1,500 in a strong Democratic district and always claimed he would have been elected had not a "rebel raid" in Kentucky, just before the election, assisted Judge Niblack by preventing soldier friends from leaving the front and coming home to vote. He died in this city November 2, 1883.

The Bar Of The Present Time

The Vincennes bar of the present day maintains the reputation it has borne in the past. It may appear invidious to discriminate, but without giving cause of offense on the part of the younger members we may give more than a passing notice to a few of the older ones.

tember 2, 1832. He came to this country with his father's family in 1845, his father having procured for himself and family expatriation papers from the Prussian Government. He has resided in this country so long that he discovers nothing of a foreign accent in his speech. He was admitted to this bar September 2, 1859. He is regarded as one of the ablest counselors in the State, and his opinion upon important questions of law is often sought by persons at a distance. He cannot be said to possess oratorical powers and rarely attempts anything like forensic display. In speech he is brief and concise, and presents his cases to court or jury in a forcible and convincing manner. He was appointed by the court prosecuting attorney at February term, 1870. He was city attorney of Vincennes from 1869 to 1871. He has rejjresented this county in the Senate and House of the State Legislature and was elected by the Senate president pro tempore. He has a large and lucrative practice.

Thomas R. Cobb was born in Lawrence County, Ind., July 2, 1828. He studied law and commenced the practice at Bedford in 1853. In 1807 he removed from there to Vincennes, where he has since resided. He was actively engaged in the practice here and other portions of the circuit until 1876, when he was elected to Congress from this district. Mr. Cobb has manifested a decided preference for political work and has been a very successful candidate for popular favor. He was a member of the State Senate for eight years, the Democratic candidate for presidential elector in 1868, and president of the Democratic State Convention in 1876. He has been re-elected to Congress four times, and at the expiration of his present term will have served in the House for ten consecutive years. He is chairman of the Committee on Public Lands and has made a reputation throughout the country by his efforts in Congress to forfeit to the Government unearned grants of lands to railroad corporations. He has a fine personal appearance and is still active and vigorous.

George G. Reily was born in Martin County, Ind., March 30, 1841 He came to Vincennes after the close of the war and commenced the practice in partnership with James C. Denny. He has from the first controlled a full share of the practice and has been successful in the management of his cases. His strength at the bar lies in his grasping the true state of the case and in his appreciating and measuring the weight and effect of evidence) and in the cross-examination of witnesses. He is a fluent, graceful and interesting speaker. He was a captain in the Fourteenth Regiment of Indiana Volunteers during the civil war, and served with honor until its close. He was the Republican candidate for Congress in this district in 1884, and received a very flattering vote. He has realized from his practice more than a competency and is in good financial circumstances - the fruit of his labors at the bar.

William H. DeWolf was born in Middleboro, Mass., September 30, 1832, and when he came to Indiana, located at Petersburg, but removed to Vincennes in 1863, and commenced the practice of law in partnership with Judge Niblack. He is a safe and reliable lawyer and has a good practice. He is a pleasant speaker and is impressive in manner, never indulges in displays of fancy but deals in facts. He is uniformly polite and courteous to opposing counsel and court, and is never rude or harsh with witnesses. He has confined himself strictly and closely to his profession and has not sought honors outside of its legitimate pursuits. He was appointed jjrosecuting attorney of the court for the October term 1866. He is a prominent Odd Fellow and has been Grand Master of the State.

John M. Boyle was born in the city, in March, 1837. He was educated in Danville, Ky. He is a grandson of John Boyle, the first chief justice of the courtof appealsof Kentucky. Hegraduated at the law department of the State University. He was admitted to this bar August 7, 1866. He has always been a student and has mastered the legal science by diligent application. He is generally regarded by the profession as a good judge of legal questions. He was elected city attorney of Vincennes in 1871, and has been re-elected successively to the present. When first elected he at once applied himself to the study of the particular branches of the law most likely to require his official attention, and is now the best posted of any member of the bar on corporation law.

exception of a few years' residence in Indianapolis, has continued in the practice of law in Vincennes. He possesses a quick and active mind, and can without much study or reflection form his opinion and theory of a case. He has gained his greatest reputation as an advocate. He is a fluent and graceful speaker and commands the choicest language to express his ideas. His fine delivery has gained for him the appellation of "the silver tongue." He represented this county in the House of the State Legislature, in 1867. He was also city attorney of Vincennes.

James S. Pritchett was born in Warrenton, Gibson Co., Ind., August 16, 1844. He was admitted to the bar February 17, 1862, and has practiced here ever since. He was elected city attorney of Vincennes for one year, and also a member of the common council of the city, and in 1873 was elected mayor of Vincennes. He has devoted most of his time to the study of criminal law and has acquired an extensive reputation as a criminal lawyer. He does not study a case or attempt to solve it from text books or adjudicated cases, but relies upon his knowledge of human nature and in its presentation in the best possible light to the comprehension of a jury. He has been very successf\il in the defense of criminal cases and seems to be pleased when engaged in the defense of a criminal, prosecuted for homicide or other felony.*