Fayette County, Indiana - Chapter 11, 1917

Chapter 11

Moses is credited with being- the first lawyer in history and since the days when he compiled the first code the legal profession has been considered one of the most highly honored professions. As long as men persist in \iolating the Ten Commandments and the Golden Rule, so long will there be need of lawyers: and accordingly every community finds it necessary to have lawyers in its midst.

Fayette county was hardly more than organized when the first lawyer made his appearance. Somewhere in the embryonic village of Connersville, William W. Wick hung out his shingle in 1819 and he appears to have had the field to himself until Oliver H. Smith appeared on the scene in the spring of the following year. From that day down to the present time the lawyer has been an intimate part of the life of the county, and, as far as is known, all of the lawyers of the county have been residents of the county seat. No other town has been of a sufiicient size to attract a lawyer.

The question of rating lawyers on the basis of their ability is a difficult thing to do, and yet by common consent there are a few of the lawyers of the county whose pre-eminence is universally conceded. First and foremost among this number are the two Smiths, Oliver H. and Caleb B. (not kinsmen), both of whom rose to a high rank in their profession and to a Jiigh position in the affairs of the nation, the former becoming a United States senator, and the latter, a member of Congress and later secretary of the interior under President Lincoln. An extended sketch of both men is given in another chapter.

Ranking along with these two men is Samuel W. Parker, a teacher, newspaper editor, member of the Legislature and finally a member of Congress. .\s a lawyer he was probal)ly the equal of either of the' Smiths, although he was not as widely known in national affairs. These three mentogether with William W. Wick, .\ndre\v Kennedy and Samuel C. Sample', constitute the leaders among the lawyers of tiie county who finally reached the halls of Congress. Wick, Kennedy and Sample, however, can hardly be considered as Fayette county lawyers, since they left the county shortly

More Lawyers In Congress

There are two other local lawyers who have been elected to Congress, Jeremiah H. Wilson and Finly H. Gray, the latter having closed his third term on March 4, 1917. Wilson was a former common pleas and circuit judge, and after his second term in Congress (1875) located in Washington, D. C, where he practiced until his death. This completes the list of lawyers of Fayette county who have succeeded in being elected to Congress. Jonathan McCarty, the other congressman from this district elected from this county, was not a lawyer.

Of the remaining lawyers, now deceased, there are a few who stand out above the rest. Probably the best of the earlier group was Benjamin F. Claypool, who was born in Connersville on December 12, 1825, and who spent his whole career in the city of his birth. He. is credited with being the first person born in Fayette county to graduate from Asbury (DePauw) University (1845). He took a prominent part in political affairs. He was a delegate to the first Republican convention in 1856 and served as presidential elector in 1864 and again in 1868. He was also interested in banking, first as president of a state bank and later as president of the First National Bank of Connersville, serving in the latter capacity until his death.

Contemporaneous with Claypool, and but two years younger, was James C. Mcintosh, likewise a native of Connersville (January 13, 1827- August 27, 1878), and a lifelong resident of the city. He was also a graduate of Asbury (DePauw) University, class of 1849. ^"d a year after graduating began the study of law and practiced continuously from the time of his admission to the bar in 1851 until his death in 1878. He is deserving of being ranked with the best lawyers in the county.

Lawyer Also A Poet

A peculiarly gifted lawyer of Connersville for twenty-five years was John S. Reid, a native of Scotland, and a resident of the United States from 1839 until his death at Indianapolis, September 5, 1879. He was educated at Oxford, England, and after coming to this country took a degree from Miami University, Ohio. He taug+it school and practiced law at Liberty, Indiana, from 1840 to 185 1; practiced in Connersville from 1851 to 1876, and lived in Indianapolis the last two years of his life. He served as a com- nion pleas judge for seven years ; as a member of the constitutional convention in 1850-51, and as a member of the state Senate. He was considered one of the best poets of the state during his generation and left one pretentious volume of verse to justify his right to be classed among the poets of the state.

Reuben Conner was for more than forty years one of the leading lawyers of the local bar. Born in Decatur county, Indiana, December 8, 1850, he became first a teacher and later a lawyer, practicing in Connersville from the time of his admission to the bar in 1873 until his death, February 9, 191 5. He never held an ofiFicial position, but devoted his whole legal career to the general practice of his profession. He has one son, Alonzo, who is now practicing in Connersville.

The official careers of all the lawyers of the county as far as they have been connected with the local courts is given in the discussion in the latter part of this chapter. The bar in 1917 is composed of the following members: F. B. Ansted. F. I. Barrows, L. L. Broaddus, Albert L. Chrisman, James A. Clifton, Alonzo Conner, Frank M. Edwards, Richard N. Elliott, George C. Florea, Hyatt L. Frost, George W. Goble, Finly H. Gray. George L. Gray, J. S. Hankins, E. Ralph Himelick, G. Edwin Johnston, David W, McKee, John S. Muddell, WilHam E. Ochiltree, Clarence S. Roots, W. E. Sparks, Raymond S. Springer, Charles F. Vance and Allen M. Wiles - a total of twenty-four.

Tt is not possible to give a summary of the living lawyers. They are yet making their rq^utatioos liefore the bar. Of the older attorneys, George C. Florea, George I,. Gray, Hyatt L. Frost, David W. McKee, L. L. Broaddus and W. E. Ochiltree may be mentioned. Raymond S. Springer, the present judge of the circuit court, is the youngest judge who has ever been elected to the bench in the local circuit and one of the youngest in the state. All of the younger generation of lawyers are graduates of law schools, while practically all of the older members of the bar received their training in the office of some lawyer already in the practice.

It win probably never be known how many lawyers have practiced in Fayette county. Under the old constitution every lawyer who practiced in any other than his own county had to be admitted to the bar of any other county where he might happen to have a case. For this reason the local records in the clerk's office, which gi\'e all the lawyers prior to 1852 who were at any tirne employed in a case, do not give a clue as to the actual residence of those so listed. The following list of lawyers includes only those who have been actually residents of the county for a time at least. The list follows :

The history of the various courts of Fayette county takes the discussion outside the limits of the county. The county has ne\'er had a separate circuit court, having been united with one or more counties since its organization. The same may be said of the old common pleas court, which lasted from 1852 to 1873. The following account of Fayette county in its relations to the various courts with which it has been connected has been compiled directly from the official records. No effort has been made to characterize any of the lawyers; in fact, many of the court officials herein mentioned were not lawyers, and did not pretend to be. If an associate or probate judge was a lawyer it was counted as an accident. Dr. Philip Mason, however, takes the trouble in his autobiography to explain how hard he studied law in order to pass the necessary examination to qualify for the office of probate judge, but there is no evidence to indicate that he ever tried a single case in the locaj courts. His legaJ career .seems to have been confined solely to his administration of the office of probate judge.

First Session Of The Circuit Court

The legislative act oi December 2<S, 1818, creating Fayette county, provided that the count}- should start its independent career on the first of the following Januar\-, but it was not until May 3, 1819, that the first session of the circuit court con\ened. The first court met at the house of George Reed in Connersville, with John \\'atts as president judge and Train Caldwell and Edward \Vebb as associate judges. The first court house, a rude log structure, was not ready for occupancy until later in the year.

The judicial system of the state under the 1816 Constitution bore little resemblance to- the system established by the present Constitution in 1852. During the first thirty-six years of the history of the state (1816-1852) the circuit judges, known as president judges, were elected by the Legislature for terms of seven years. Each cpunty, howe\-er, elected two judges, known as associate judges, who sat with the president judge, or, in his absence, had the authority to preside o\-er the circuit court. These associate judges were more frequently than otherw ise men of no legal training, but made up in good common sense what they lacked in judicial knowledge. The associate judges, like the president judges, had a tenure of seven years, and in many counties they ser\-ed two or n-iore tern-is.

\\'hen Fayette county was created it was attached to the third judicial circuit, which, at that lin-ie included the counties of Randolph, Wayne, Franklin, Dearborn, .Switzerland. Ripley and Jennings. Fa^-ette county remained in the third circuit until the act of January 20, 1830, made it a part of the sixth circuit with .\llen. Delaware, Randolph, Henry, Wayne, Union, Riish and Elkhart counties. During the eleven years it was a part of the third circuit only two president judges presided o\er the local court, John Watts and Miles Eggleston. At the time the county was organized, Alexander Meek was the presiding judge of the third circuit, but he resigned on February 2, 1819, before a session of court had convened in the county. John Watts was elected by the Legislature on February 2, 1819, and continued to preside over the circuit until January 21, 1820, when he was succeeded by Miles C. Eggleston, one of the most famous of the early judges of the state. Judge Eggleston was still on the bench of the third circuit when Fayette county was placed in the sixth circuit by the act of January 20, 1830.

Three- days- a-fter the Legislature had created the sixth circuit it elected Charles H. Test as the first judge of the new circuit, and he remained on the bench of the circuit until he resigned on January 20, 1836. Judge Test was followed by Samuel Bigger, who served until he resigned to make the race for governor. He was elected and served one term (1840-1843), being defeated for re-election in 1843 by James Whitcomb. Upon the resignation of Judge Bigger the Legislature elected James Perry to fill out the unexpired term. Judge Perry served seven years, being followed on January 23, 1844, by Jehu T. Pllliott, who occupied the bench for a full term. The last president judge was Oliver P. Morton, who served from February 15, 185 1, to October 12, 1852, on which date the new Constitution went into operation.

Election Of Associate And Probate Judges

As has been mentioned, each county elected two associate judges during the period of the 1816 Constitution. The first two associate juc|ges elected in Fayette county were Train Caldwell and Edward Webb, the latter of whom served continuously from February 2, 1819, to February 2, 1847, when he was succeeded by John Scott, who served until the new Constitution went into effect in 1852. Caldwell resigned on March 21, 1819, and two days later the governor appointed William Helm to fill his unexpired term. The successive judges following Helm, with the dates of their service were as follow: James Brownlee, February 2, 1826 - died in office, July, 1827; William Miller, chosen at a special election and commissioned on November i, 1827, to serve seven years from February 2, 1826; John Treadway, February 2, 1833 - resigned on April 18, 1837; Stanhope Royster, appointed on June 23, 1837, to serve seven years from February 2, 1832, (so his commission reads), but Royster actually served until February 2, 1840: Jeremiah M. Wilson. February 2, 1840-February 2, 1847; Joshua Mcintosh, February 2, 1847-October 12, 1852.

In addition to president and associate judges the state had probate judges under the 18 16 Constitution. Such probate business as came before the circuit court prior to 1818 was handled by that court, but with the act of January 29, 181 8, there was established a si>ecial probate court in each county in the state. These courts were to be presided over by the associate judges of the circuit court sitting as such. The statute also provided that if court was not sitting the clerk of the circuit court might take proof of wills and testaments and grant letters of administration and letters testamentary. However, all probate business transacted by the clerk was- subject to the subsequent approval of the associate judges. The next step in the history of the old probate court was taken with the act of February 11, 1825. an act which provided for a further separation of the probate court from the circuit court, the associate judges still being left in charge of the court. The two judges held the sessions of the probate court at the county seat on the week immediately preceding the session of the circuit court.

A Separate Probate Court

The business of the circuit and probate courts increased to such an extent that by 1829 it was deemed advisable to establish a probate court with a separate judge, and the act of January 23 of that year effected a complete separation of the probate from the circuit court. Instead of placing the court in charge of the two associate judges, provision was made for a special probate judge, elected by each county, for a term of seven years. The county sheriff and clerk of the circuit court were made ex-officio officers of the newly established court. This court continued in operation until 1852, when it was abolished by statute and all probate business placed under the jurisdiction of the newly created common pleas court.

The first session of the probate court in Fayette county convened on April 26, 1819, with Train Caldwell and Edward Webb, associate judges, in charge. As has been stated, the associate judges had charge of the probate court until 1829, the first elective probate judge, Philip Mason, being commissioned on August 18, 1829. Mason handed in his resignation on May 26, 1834, and there seems to have been an interim when there was no prohate judge in the county. Justus Wright, who was elected in August of the same year, was commissioned to serve seven years from August 4, 1834, and was re-elected in 1841 and 1848. serving until the court was discpntiruied in 1852.

Changes Under The New Constitution

The discussion thus far traces the judicial history of Fayette county up to the adoption of the 1S52 Constitution. The new Constitution made a radical change in the judiciary of the state. Under the old constitution not only had the president judges been elected by the Legislature, but the supreme judges as well. In fact, all the state officers - secretary of state, auditor, treasurer, adjutant-general and others - had been elected by the Legislature. But with the new Coj,istitiitipn all of. tliis changed. The supreme, judges and all state officers were elected l)y the voters of the state. Tiie president judges gave way to circuit judges elected by the voters of each circuit, the old associate and probate judges being discontinued. But while the probate court was abolished a new court - tlie common pleas court - was created by, statute (May 12, 1852) to take o\er the jDrobate business and also some of the business formerly coming under the jurisdiction of the circuit court. This new court continued in operation until abolished by the Legislature with the act of May 6, 1873, all business over which it had had jurisdiction being transferred to the circuit court.

The act establishing the common pleas court divided the state into fortyfour common pleas districts, Fayette county being united with Franklin and Union counties in one district. John S. Reid became the first judge of this district in 1852 and served by re-election until October 28, i860. The act of March i, 1859, redistricted the entire state for common pleas purposes, placing Fayette county in a district with Franklin, Union and Wayne. The district was not numbered by the act, but the succeeding Legislature (March II, 1861) gave each district a number, the one containing Fayette county being No. 6. Jeremiah M. \\'^ilson liecame judge of the enlarged district on October 28, i860, and served until he resigned on March 6, 1865. John F. Krbbey was appointed to fill his unexpired term and was later elected, serving Iw re-election until the ofiice was abolished bv the act of May 6,

Each common pleas court had a special prosecutor with a two-year tenure. James R. McClure was the first prosecutor of the district to which Fayette county was attached, and served from 1852 to 1854. His successors were as follow: Joseph Marshall, 1854-1856; Nathaniel McCrookshank, 1856- 1858; Clement C. Cory, 1858- 1860; John C. Whitridge, 1860-1864; Henry C. Fox, 1864-1868; William H. Jones, 1868-1870; John L. Rupe, 1870-1873.

Reorganization Of The State Judiciary

The constitutional convention of 1850-51 had no more troublesome problem before it than the reorganization of the state judiciary. As it was finally worked out, the Constitution pro-\'ided that "The judicial power of the state shall be vested in a supreme court, in circuit court and in such other courts as the General Assembly may establish." The one "other court" established in 1852 was the common pleas court, which has just been discussed. The Legislature, by the act of June 17, 1852, divided the state into ten judicial circuits, Fayette county being played in the fourth circuit with the counties of Dearborn, Franklin, Decatur, Shelby, Rush and Union. The next change in circuiting was made by the act of May 5, 1869, which reorganized the fourthcircuit to include Fayette, Decatur and Rush counties. The act of April 22;

1869, had placed Union, Franklin, Dearborn and Ohio in tiie newly organized twenty-sixth circuit. The act of March 6, 1873, recircuited the entire state and united Fayette with Rush and Decatur counties in the eighth circuit. The next change was ])rought about by the act of March 2, 1883, this act leaving Rush and Decatur counties as the eighth circuit and uniting Fayette county with Franklin and Union counties in the thirty-seventh circuit, h'ranklin and Union counties had been constituted as the sole counties of the thirtyseventh circuit by the act of March 6, 1873. No change has been made in the thirty-seventh circuit since 1883.

Circuit Court Judges

The first circuit judge elected for the circuit to which Fayette county was attached in 1852 was William M. McCarty, who ascended the bench on October 12, 1852, and served until he resigned on July 29, 1853. William S. Holman was at once- appointed to fill the vacancy, but he resigned on August 10, 1853, before holding a session of court in the county. Reuben D. Logan was then appointed and served by subsequent re-election until October 12, 1865. He was followed by Jeremiah M. Wilson, who had resigned as common pleas judge of the district to make the race for the circuit judgeship. Judge Wilson ser\-ed a full term of six years, being followed on October 12, 1871, by William A. Cullen. During Judge Cullen's term the circuit was changed by the act of March 6, 1873, and he was transferred from the fourth to the eighth circuit. Judge Cullen was followed, October 24, 1877, by Samuel A. Bonner, but the act of March 2, 1883, transferred Bonner to the newly reorganized eighth (Rush and Decatur) circuit and Judge Ferdinand S. Swift to the newly reorganized thirty-seventh circuit (Fayette, Franklin and Union). Judge Swift had been appointed judge of the thirty-seventh circuit on July 28, 1880, following the death of Judge Henry C. Hanna. Judge Swift was on the bench of the thirty-seventh circuit for twentv-four years, serving continuously from the time of his appointment until Octoljer 27, 1904. George L. Gray became judge of the circuit in 1904 and served two full terms, being followed by the present judge, Raymond S. Springer, on October 26, 19 16.

The office of circuit prosecutor in Indiana has Ijeen subject to a large number of legislative acts. A lawyer under the i8i6 Con.stitution once stated that the prosecuting attorney was a "necessary evil," and the difficultv that the Legislature experienced in getting the office and its duties defined shows that there was a great divergence of views concerning the "evil." The Constitution of 1816, unlike its successor of 1852, made no provision for the ofifice, and it was not until 1824 that the Legislature formally established the office. Prior to that date the president judge appointed a prosecutor for each term of court. The act of 1824 provided that the Legislature should elect a prosecutor for each circuit, whose term of office was to be two years - the salary to be certain stipulated fees and such additional "compensation as the judges in their discretion may allow." No radical change was made in the method of election or matter of compensation until the act of February 11, 1843. This act placed the election of the prosecutors in the hands of the voters of each circuit, the tenure remaining two years, and the compensation continuing on a fee basis. Four years later (January 2"], 1847,) the Legislature - ^apparently solely on political grounds - provided for a prosecutor for each county, again allowing the voters of the counties to fill the office. This act was so expensive that it aroused a storm of disapproval and the Legislature was forced (January 16, 1849.) to repeal it in part. Two circuits, the fourth and the eighth, were allowed by this act of 1849 to elect a prosecutor for their respective circuits. But continued dissatisfaction with the county prosecutor led the Legislature (February 14, 1851), to return to the former method of allowing each circuit to elect one prosecutor, and the Constitution of 1852 (Sec. IT. Art. VH.) embodied this method of providing for the office.

Lt.St Of Pko.Secuting Attorneys

The list of prosecutors for the circuit to which Fayette county has been attached since 1824, when the office was established, has been compiled from the records in the office of the secretary of state at Indianapolis. The list follows: Oliver H. Smith, August 9, 1824 - resigned August i, 1826; Amos Lane, appointed August i, 1826-December 30, 1826; Cyrus Finch, December 30, 1826-December 30, 1828; Martin M. Ray, December 30, 1828- January 20, 1830: James Perry, January 25, 1830- January 25, 1832; William J. Brown, January 25, 1832 - resigned December 10, 1836; Samuel W. Parker, December 10, 1836-December 10, 1838; David Macy, December 10, 1838-December II, 1840: Jehu T. Elliott, December 11, 1840 - resigned on January 23, 1844; Samuel E. Perkins, appointed on January 23, 1844-August 20, 1844: Jacob B. Julian. August 20, 1844-August 2j, 1846; John B. Still, August 27, 1846-August 27, 1848 (from 1848 to 185 1 each county in the circuit elected a prosecutor, Fayette county electing William S. Burrows,

There is no more interesting chapter in the history of Fayette county than the one deahng with its physicians. More than one hundred years ago the followers of were plying their profession in this county, and during the century which has passed since the first physician arrived there have been at least ninety who have been identified for a greater or less period with the county. There may have been more, but the names of that many have been preserved. Local medical societies have not kept a complete list of the physicians and for this reason it has not been possible to get all who have practiced in the county, or more than the most meager data concerning most of them.

The first physicians were usually trained in the ofiice of some practitioner and were without any college training. Doctors Mason and Chitwood trained probably a score of the physicians of the county. Doctor Mason for many years always having one or more young men in his office preparing themselves for the profession. The early physicians made free use of native herbs and "yarb" doctors were to be found everywhere, many of them attracting their patients by advertising that they would use no calomel. Most of the physicians prior to the Civil War period made all of their own medicines, and some of these remedial compounds were fearful concoctions. There was nothing the old-time doctor would not attpmpt to cure. A search of okl physicians' records shows that they had specified cures for such diseases as scrofula, rheumatism and consumption. One physician of the thirtie.s used whiteoak bark for one disease, redoak for another, blackoak for another, and a judicious mixture of the three for still another.

Dr. A. J. Fletcher, of Connersville, has in his possession the account, book of Dr. \Vilson Thompson, but there is nothing in the old ledger to indicate that he ever practiced in Fayette county, nor has any reference to a physician of that name been found in the county. Doctor Fletcher picked the ledger up in Harrison township. On the fly-leaf the old doctor says that he began practice in January. 1830. However, the same prescriptions used by Thompson were widely used in Fayette county. The day-by-day charges from January i, 1830. to May 4, 1831. do not indicate wliere he was practicing, but from that date to the end of the ledger book ( November 24, 1834) he was located at Lebanon, Ohio.

The old record is interesting in .showing the charges for medical services in those days, ranging from six and a quarter cents upward. It also contains a number of prescriptions, three of which are gi\en in the old doctor's own words :

To Cure the Cancer. - A.shes of the Imrlie of Ued Olve made in lie anrl boiled down to the consistance of molasses, spi-ed this on leather and appl.v to the sore for 90 minutes, renue it-e»:er.v 00 minutes for three times, then follow with salve of Rosin, bee.swax aud sheeps tallow .

Cure for Rhumetism - Tal^e one quart of whiske.v. one iHinnd tol)ac(o. 12 pods red i)epper, steep the tobacco and pepper together in water, then add the whisky and 1 iwund hog's lard and boil them to.aether till the whisky .ind water is evaporated. then strain.

Just how tliis latter fearful concoction or decoction was to be taken, whether inwardly or outwardly, in long or short doses, bv the spoonful or by drops, the good old doctor fails to state.

.\moiig the earHest physicians who settled iti Fayette county were John Bradburn. James Tliomas. Joseph .Moffitt, Temple F. Gayle and Joseph S. Burr.

Doctor Bradburn was a native of Lancaster county. Pennsylvania, and as early as 1814 settled within the limits of Fayette county in the vicinity of Harrisburg. The doctor's experience as a practitioner in this county was marred by a fearful tragedy in which he became instrumental in the death of two young men in the spring of 1825. . Shortly afterward, the doctor removed to the southern part of the state, and later to the vicinity of Brookville. where he died.

Doctor Thomas was born in New York and was one of the colony of immigrants that settled in the vicinity of Harrisburg in 1819, and formed what was commonly known as the "Yankee Settlement." He was a college graduate and for years was a successful practitioner in the countv.

Dr. Joseph Moffit was another physician who came from the East and settled in the village of Connersville. He came to this county in 1820, a graduate of Yale, and was a man well versed in his profession. He died in 1833-

A Root Doctor

About this time Burr and Gayle came to Connersville and began the practice of medicine. Burr was a doctor who utterly denounced "doctor larnin' ", as he spoke of it and based his cures entirely upon the "root" system, common sense, and a knowledge of human nature. The story is told that a few days after he arrived in the village there appeared nailed to the weather-boarding of the hotel an enormous swamp-lily root almost as large as an average size man, with head, eyes, ears, nose and mouth nicely carved, arms and legs with feet stuck on, and just above the sign on a board, marked with chalk, "Joseph S. Burr, Root Doctor; No Calomel." The news of the arrival of the root doctor spread over the country like wild-fire, and hundreds came from all parts of the county to see the doctor and the big root.

Doctor Moffit looked upon the strange root doctor as a quack, intending to gull the people, and spoke of him freely with the utmost contempt, while on the other hand the root doctor openly charged Doctor Moffit with killing his patients with calomel. The people soon began to take sides, some for roots and some for calomel. It was a sickly season and a great many of Doctor Moffit's patients died. Each case of death was referred to by the root doctor as evidence that the calomel doctor was killing the people and many believed the slander. Doctor Moffit was at length almost driven to despair, and called upon O. H. Smith to bring action for slander against Doctor Burr. Smith at first objected but ultimately yielded at the urgent request of the doctor. The action was brought and some five of the attorneys of the circuit were engaged on each side. The trial lasted for more than a week; the lawyers distinguished themselves and the evidence pro and con left the case in doubt in the minds of the jury and bystanders whether the people died "with the fever" or were killed by the "calomel doctors." The widow of a man who had recently died was called as a witness by Doctor Burr. Doctor Moffit remarked as the witness was brought into court, "that he had him now, as he. could prove by a witness in court that her husband died before he got there." The jury failed to agree and was discharged and the case was cont4nued. The root doctor ran away and the suit was dismissed by Doctor Moffit.

Diplomas Easily Acquired

The effect nf tliis trial upon the practice of medicine in Fayette county, as well as upon the necessary qualifications to practice, was prodigious. Doctor Burr had been granting diplomas to his students upon three weeks' study, and as a result the country was soon filled with root doctors. One of his graduates, by the name of Thomas T. Chinn, a constable three weeks before, barely able to write his name, sallied - forth with his diploma to the then "New Purchase" as Doctor Chinn. His sign - "Root Doctor and no Calomel" - flung to the public eye upon newly-painted lx)ards hung upon the limb of a tree near his log cabin, but he was soon relegated to medical oblivion.

Dr. Philip Mason, another "Yankee," was lx)rn on December lo, 1793, in Berkshire county, Massachusetts, and settled in what is now Fayette county in 1816. He .served as one of the Franklin county commissioners when Fayette county was a part of that county. In 1824 he finished his course of reading and clinical studies under Doctor Moffitt, of Connersville, and began the practice of medicine at his farm in Columbia township, where he remained until the spring of 1827, when he removed to the village of Danville (now Orange ) and tiiere in connection with Dr. Jefferson Helm continued his practice. Upon the death of Doctor Gayle, in the following fall, Doctor Mason moved to Connersville. In 1829 he was elected the first probate judge of Fayette county, and served as such until. 1834. He later served in thp Legislature. He practiced in Connersville and also operated a drug and book store for a few years. He died on April 25, 1869.

Some Other Pioneer Practitioners

Temple E. Gayle came to Connersville early in the twenties and was soon recognized as a practitioner of superior qualifications. He died in October, 1827, at the age of thirty-two. A local paper in commenting on him after his death said of him: "As a man of talent the doctor was excelled by few, if any, in the state : as a practicing physician he was eminently successful and popular."

Jefferson Helm was born in Mason county, Kentucky, in 1803. He located in Connersville in the twenties and studied with Doctor Moffitt and Doctor Mason, l)eing licensed to practice in 1827. He first started to practice in Orange township, later moving to Glenwood and in 1845 permanently settling in Rushville, where he died in 1888. , (22)

Hayman W. Clark studied with Doctor Moffitt and Doctor Mason at the same time that Doctor Helm was in their office and was admitted to practice in 1827. No record of his future career has been found.

Samuel Miller and Charles Brown complete the list of physicians who located in the county in the twenties, but little is known of either. Miller came from Dayton, Ohio, in 1828, while Brown is known only from the fact that he advertised his appearance in Connersville by an announcement in the local paper in 1830. The later career of both men is unknown.

Ryland T. Brown, a native of Lewis county, Kentucky, located in Rush county, Indiana, in 1821. For a time he acted as a guide for land seekers, later attending Ohio Medical College at Cincinnati. He was graduated from institution in 1829 and in August, 1832, located at Connersville, where he formed a partnership with Doctor Mason. It seems that Doctor Brown was the owner of the Indiana Telegraph iii the early forties. In 1853 he was appointed state geologist by Governor Wright and filled the office until 1859. In 1858 he was elected to the chair of natural science in the Northwestern Christian University at Indianapolis. He was the author of a well known text-book in its day, "Brown's Physiology."

D. D. Hall, a native of Virginia, located in Connersville in the thirties, and "with the exception of a few months of service in the Civil War as surgeon of the Thirty-sixth Regiment, Indiana Volunteer Infantry, continued to practice in the city until his death, June 20, 1871.

Roll Of Practitioners In 1846

During the period prior to the Civil War a number of physicians located either at Connersville or at some of the villages in the county, but definite information is lacking concerning most of those early practitioners. In 1846 -the following physicians were practicing in the county: Connersville - Philip Mason, Samuel Miller, D. D. Hall, John Arnold, E. A. Bacon and S. W. Hughes; Cokimbia township - Greenburg Steele; Alquinaj - Alfred Ruby; Columbia township - George Winchel; Harrisburg - U. B.. Tingley; Waterloo - ^Amos Chapman ; Everton - Presley Libay ; Orange township - rEdward Daniels.

One of the most famous of the early physicians of the county was George R. Chitwood, the father of the late Dr. Joshua Chitwood and Dr. Frank A. Chitwood, now practicing in Connersville. The senior. Chitwood was born in Gallia county, Ohio, May 10, 1805, and was licensed to practice medicine and surgery in 1830. The following year he located at Mt. Carmel, in Franklin county, Indiana, and remained there for a few years. In 1835-36 he attended lectures at Ohio Medical College, Cincinnati, and in 1837 located in Liberty, in Union county, Indiana. In 1846 he was granted the degree of doctor of medicine by the Western Reserve Medical College of Cleveland, Ohio. In 1849 he located in Connersville and for the next ten years devoted himself to private practice. In 1859 he was elected to the chair of general pathology and physical diagnosis in the Cincinnati College of Medicine and Surgery. The following year he was transferred to the chair of obstetrics and diseases of women and children, holding that jiosition for six consecutive sessions.

.\t the annual meeting held on April 22, 1858, the societv was dissolved by mutual consent of its officers and members, and on May i of the same year, the physicians of the county met at the court house and founded the I'^ayette County Medical Society with the following officers: Dr. U. B. Tingley, president; Dr. P. S. Silvey, vice-president; Dr. Samuel W. Vance, corresponding and recording secretary; Doctor Gregg, Doctor Pepper and Doctor Chapman, censors. The society retained its working organization until the breaking out of the Civil War, when its deliberations were quietly discontinued in the general suspense that followed the first clash of arms.

Reorganization Of The Society

During the four years of strife, no attempt was made to reorganize the society, but after the establishment of peace and the readjustment of natural conditions, a reorganization was effected. In 1866 the society was reorganized with the following membership : Dr. D. D. Hall, Dr. W. J. Pepper, Dr. Samuel W. Vance, Dr. G. R. Chitwood, Dr. Joshua Chitwood, Dr. V. H. Gregg, Dr. U. B. Tingley, Dr. G. W. Garver, Dr. A. .Koogler, Dr. J. G. Larimore, Dr. W. H. Smith and Dr. R. W. Sipe. The latter three represented respectively Waterloo, Fairview and Fayetteville.

In 1879 the society became a member of the Indiana State Medical Society, but in so doing had to reorganize and draft a new constitution. Pursuant to the reorganization the following officers were elected : Dr. Samuel W. Vance, president; Dr. W. J. Pepper, vice-president; Dr. Joshua Chitwood, secretary; Dr. V. H. Gregg, treasurer; Dr. S. N. Hamilton, Dr. George R. Chitwood and Dr. G. A. Sigler, censors.

The organization is still maintained in 1917, but it does not hold regular meetings. Most of the physicians of the county belong to it as well as to the Indiana State Medical Society and the American Medical Association. The physicians of the county in 191 7 include the following practitioners: Irvin E. Booher, F. A. Chitwood, J. H. Clark, B. W. Cooper, L. D. Dillman, W. R. Phillips, R. H. Elliott, A. J. Fletcher, J. H. Johnson, J. R. Mountain. H. S. Osborn, W. J. Porter, J. S. Rice. M. Ross, J. M. Sample, H. W. Smelser, Bernard R. Smith and Frank J. Spillman.

The principles of osteopathy were introduced in Fayette county largely through the efforts of Dr. J. H. Baughman, a graduate of Dr. A.' T. Still's original .school of osteopathy at Kirksville, Missouri. Doctor Baughman practiced in the county about a dozeii years, retiring late in 1916, with the intention of taking up special practice in a metropolitan city. He was succeeded by Dr. G. C. Flick, who is now actively engaged in osteopathic general pi-actice.

Mention may also be made of Glen L. Brown, who has, as superintendent of the Fayette Sanatorium, administered curative baths and massages. Such services, as well as electric applications, are offered by J. N. Whiteis, who carries after his name in the telephone directory and in other advertising.

tile mystic ami a\ve-insi)iring symbols "J. J. J." In connection with the medical profession should be mentioned the name of Roy C. McKennon, a manufacturing and analytical chemist, who has done much work for the profession, particularly urinalysis. It should also be mentioned that Dr. Joseph R. Mountain, a pfominent general practice physician, has installed a very complete X-ray photographic equipment, which lie uses very extensively for his own practice and for other physicians.

The physicians of the county have uniformly been active in all phases of the county's development. Doctor Mason was a probate judge for several years and also served with distinction in the General Assembly of the state. Dr. R. T. Brown later became state geologist. Dr. G. R. Chitwood and his son, Joshua, were also prominently identified with the varied interests of the county. Of the many physicians since the time of the Civil War who are now deceased, the names of Doctor Hamilton, Doctor Hughes, Doctor Vance, Doctor Gregg and Doctor Sipe are among the best remembered. Doctor Derbyshire is credited with being the first man in the county to own an automobile.

The following alphabetical list of physicians has been compiled from the records of the local County Medical Society, the files of the newspapers, city directories, volumes of O. H. Smith and Philip Mason, the "Medical History of Indiana" (Dr. G. W. Kemper) and from conversations with old residents and the several physicians still living in the county. In this list are some who may hardly l>e called orthodox physicians, but the historian has called all those who practiced the healing art by this title. Concerning many of these ninety-three physicians very little is known, other than that they practiced in the county for a time. A volume could easily be written about the medical profession as it has existed in Fayette county, but the limits of this chapter forbid such a procedure. The days when the physician was also a dentist are still recalled by old citizens. One Merchant Kelly of Harrisburg, while primarily a dentist and public-school teacher, was also a "pill doser." Among the scores of healers of many different varieties who have appeared in the county, this Kelly seems to have left a distinct impression on the minds and jaws of a large number of people.-

Dentist Made His Own Tools

Kelly was probably the first professional dentist in the county and the stories of his dental operations are still current. He made all of his own tools and invariably filled teeth with gold, although Doctor Mason advised filling them with tin-foil. Kelly was never seen in a vehicle, but, eschewing such transportation as beneath the dignity of a man of his profession, he was wont to traverse the county on foot, carrying all of his dental paraphernalia in a large carpet-bag. One of his operations has been graphically described to the historian, the reciter of the story being the daughter of the victim.

The patient had a very sore tooth and asked Kelly to extract the offending member. Preliminary to the actual extraction, the patient was asked to lay flat on his back out in the yard, and then with one knee on his victim's breast and a clamp securely fastened to what was supposed to be the tooth in question, Kelly began a tortuous, twisting movement which resulted in two teeth being violently and painfully pulled from their sockets - but, strange to add, he had not only extracted two instead of one, but had actually missed the one causing the trouble. It is not on record what the victim said or did, but Kelly did not pull any more teeth for him.

The complete list of physicians - and those claiming such designation - follows: John Arnold, E. A. Bacon, G. W. Barber, Charles Barnes, J. H. Baughman, Hugh Beaton, Irwin E. Booher, John Bradburn, Charles Brown, Ryland T. Brown, Thomas Buchanan, Joseph S. Burr, Daniel W. Butler,