Hamilton County, Indiana - Chapter 7, 1901

Chapter 7

The first term of the Hamilton Circu''. Court was held in 1823. at the house of William Conner, in Delaw-are Township. William Wick, circuit judge; John Finch and William Blackmore, associate judges; D. B. Wick, prosecuting attorney ; W. R. Warrick, sheriff, and John D. Stephenson, clerk. The commissions of all parties w ere recorded and the oath of ot^ce was administered. The grand jury was ordered by the commissioners of the connty to report for* duty. John Black and Francis Kinkaid failed to respond to the summons and proceedings were immediately begun against them for contempt of court. Other jurors were summoned and put in their places. The grand jurors were sworn and charged by the court and sent out to their work. The record is silent as to where the jury was conducted, but it is presumed that they were in the open. Witnesses had been summoned from all parts of the county ; bills of indictment were found and returned into court.

Some of the cases were as follows : State of Indiana vs. James Wilson, grand larceny; State of Indiana vs. John Bingham, for retailing liquors without a license; State against Archibald Johnson, for failure to attend as a witness before the grand jury when summoned; State vs. Francis Kinkaid, for retailing liquor without a license. Civil cases : Archibald Johnson vs. Henry Poland and John M. Wood. The indictments found by the grand jury were at once reported to the judge of the court. They were examined, approved, ordered recorded and placed on the docket. The grand jury was discharged and the court adjourned until April. 1824.

Primitive Histouy Of

incl al the limine of William ("oiiikt. I 'resent, \V. W. Wick, circuit jiulL;e; Jolin l''incli and William IJlackmore. associate jiidi^-es; W'. I'. W'arrick, sheriff, and j. I). Stephenson, clerk. Joseph Kirkendall and Elias II()dd\- were apj^ointcd bailiffs, one for the i^'rand jury and one "for the court. At the Xovember term, 1823, llar\ey Gre^^g", James Gilmore. B. V. Morris, Daniel B. W'ick and E. C. Wilson were admitted to the bar as licensed attorneys. At the Ai)ril term. 1824, Gabriel J. Johnson, James Rariden, Cyrus Finch and Josiah F. Polk were admitted. Polk was the only resident attorney. He was appointed prosecuting attorney l)y the judge for the April term. The following cases w'ere found on the court docket : State of Indiana vs. John Bingham, indictment for retailing licjuors without license. On being arraigned he plead guilty and was fined $4.00 and cost of prosecution. The second case was Archibald Johnson vs. Henry Foland and Jesse M. Wood, for trespass. On motion the plaintiff had leave to amend his declaration and the cause was continued. The third case was State of Indiana vs. Archibald Johnson, scire facias for non-attendance at grand jury when summoned. On motion of the prosecuting attorney the case was dismissed. The fourth case was State of Indiana vs. Francis Kinkaid. This was the same as above, and on motion was disiuissed. The fifth case was State of Indiana vs. James W'illason, indictment for grand larceny. The prosecuting witness was not ])res- ent and an attachment was issued for him, the cause being- continued until the second day, and the court adjourned for the day. On the second day the witness Ijeing present, the case was called. The defendant plead not guilty and demanded a jury. As this was the first case ever tried by a jury in the Hamilton Circuit Court, I will give their names. They were: Thomas Morris. William Richy, John Friel, James Friel, Jr., Lemuel Anton, John Alman, John Dickson, Alexander McClintock, Henry Poland, Andrew Wilson, John Carpenter and Michael \\'ise. After hearing the evidence and argument, the jury found the defendant not guilty. Jeremiah Learning was excused from serving on the grand jury. This being the last day of the term, the grand jury returned the following indictments: State vs. Adam Spring, selling liquor without a Hcense ; State vs. Martin Bingham, for selling liquor without a license. It was ordered by the court that Joseph Kirkendall and Elias Hoddy be allowed $2.00 each for services as bailiffs for the April term. Ordered that W. P. Warrick as sheriff be allowed $16.00 for his annual allowance to the end of this term ; ordered that William Conner be allowed $16.00 for the use of his house for court and grand jury rooms for the November term of 1823. and the April term of 1824; ordered that Josiah F. Polk be allowed $20.00 for his services as prosecuting attorney for the April term of 1824; ordered that each grand juror be allowed $1.50 for two days' services

A comparison of fees then and now is somewhat interesting. The sheriff for one year received $16.00; grand jurymen, seventy-five cents per day; bailifTs, $1.00 per day. The judges are the only persons receiving what appears nov^ to be fair wages. The sheriff had two juries to summon for each term of court, all arrests to make, witnesses to summon, civil processes to serve, and had to attend both terms of court either in person or by deputy.

At the October term of the Hamilton Circuit Court, 1824, Harvey Gregg presented his commission as prosecuting attorney for this circuit. The commission was examined by Judge Wick and Gregg was ordered sworn as the law directed. The sherifif was ordered to bring the grand jury into court. The first case for trial was the State against John Bingham. It appeared from the return of the sherifif that the defendant could not 1)e found in this county, so an alias capias was ordered to Shelby County, Indiana. The next case on the docket was the State of Indiana against Adam Spring. The sheriff's return on the process showed that the defendant could not be found in this county and an alias capias was ordered to Montgomery County for this defendant's arrest. The next case on the docket was the State versus Martin Bingham. In this case it appeared from the sheriff's return that the defendant was in cus- tody but not in court. On motion of the prosecuting attorney the sheriff was required by the court to pro- (hice the body of the defendant at the next term of court or show cause why he should not be required to pay the sum of $20.00, the amount of bail required of the defendant by law. The grand jury was impaneled and at this term returned the following indictments: The State \'s. George Coderick, assault and battery. The defendant being arraigned, plead not guilty and gave bond for his appearance at the next term. John Babtiste, a Canadian, on application was admitted to citizenship. This was the first person so admitted in this county. It was ordered by the court that each of the grand jurors who had served at this term be allowed a credit of one day's work on the roads for such service. The next entry was as follows : Archibald Johnson vs. Henry Foland, et al. The plaintiff filed an amended declaration; the defendant filed a demurrer to the amended declaration, and the cause was continued at the costs of the plaintiff, which he was ordered by the court to pay within sixty days or suffer arrest under attachment proceedings. The next case was Peter Choderick, by next friend, vs. James McNutt. The defendant was ruled to answer within ninety days. The court adjourned until the next day. On the second day court met and approved the appointment of Jack Collip as administrator of the estate of James Lee. It was ordered that John Finch and William Blackmore, asso-

At tlic April term of the Haniiltoti Circuit Court for the year 1826 a suit was pendint^- on which James W'illason was defendant. This case was called libel for divorce. The case was subsequently dismissed 1)\' the plaintiff. .\t this term a case for the surety of the peace \\as pending-, in which ]\el)ecca Popejoy was plaintiff and Lawrence W illason was defendant. This was the first surety of tiie peace case in this county. The ca<e was subsequently dismissed. The grand and petit juror^ were each allowed $1.00 for two days' service as such jurors.

At the October term, 1826, there were several indictments for affrays found. At this term Hannah Kinkaid refiled her complaint against John Whelchel and wife for slander. Thereon the defendants made pul)lic retraction of the slanderous words alleged to have been spoken and the matter was adjusted. At this term it was ordered by the court that John Nollcn be fined for being intoxicated and also for being in open and manifest contempt of the court in the presence thereof by talking loudly and refusing to be silent, although frequently admonished by the court; that for such contempt his fine to the State of Indiana for the use of the county seminary fund of said county be $5.00, and that he pay and satisfy the costs and that the State have execution of the same. This w^as the first fine assessed for contempt committed in the presence of the court. The suit of Hannah Kinkaid against Whelchel and wife was the tirst suit for slander. Suit was brought by Violet W'illason against her husband in libel for divorce, but the case was dismissed by the plaintiff at the next term.

At the April term of court. 1827 an indictment was returned l\v the grand jury against Lewis Heady for an assault witli an intent to commit murder. This was the first indictment for ihis offense returned by the grand jury.

At the October term of court, 1827, the grand jury returned an indictment against Martha Catlin for perjury, which was the first indictment for perjury against a woman in this county. At this term of court a suit in libel for divorce was pending wherein James Willason was plaintiff and Violet Willason was defendant. This was the third suit between the same parties for divorce.

The case was submitted to the court for trial, and after hearing the evidence, the court dismissed the cause. At tliis term a suit was pending wherein James ]\I. Ray and William Conner were plaintiffs and William Miller was defendant to foreclose a mortgage. This was the first suit brought in this county to foreclos a real estate mortgage. At the April term, 1828, B. F. ]\Iorris was circuit judge and John Finch and William Blackmore associate judges John D.Stephenson, clerk; Whitcomb. prosecuting attorney; William S. Goe, sheriff. Quite a number of indictments had been re- turned by the grand jury against divers persons for winning money in a game called wager; two or three for assault and battery; one for adultery; tw^o for rescuing a prisoner; two for riot. All of the above cases were on the docket for trial. Also one case for slander, and une case for the assignment of dower. This was the first petition filed for an assignment of dower in this county. At the October term of the circuit court Charles Ketcham, by George Ketcham, as next friend. l)rought suit against Michael Brewitt and the heirs of John Brewitt, deceased, to quiet the title to certain real estate in this county. The plaintiffs were Indians and the defendants w^ere French. A careful examination of the circuit court docket up to this time shows that a large preponderance of the cases filed were criminal cases, and the list of offenses ranged from a charge of assault and battery to an assault with intent to commit murder. John Finch and William C. Blackmore served as associate judges from 1823 until May, 1830. At the May term, 1830. David Osborne and Joshua Cottingham produced their certificates of appointments as associate judges. They took the necessary and usual oath of office and took their seats on the bench. Finch and Blackmore retiring.

At this term a certificate of good character was given by the court to Fabius M. Finch, also to Robert L. Hannaman. These certificates w^ere preparatory to an examination for admission to the bar as members thereof. .\t the November term of court, 1830, Seth Bacon, who was then imprisoned in one room of the county jjiil as an insolvent debtor applied to the court for relief under the insolvent debtor act. At this term the first indictment for a nuisance was found and returned by the grand jury. At the May term of the coiu't. 183 1, Fabius M. Finch was admitted to the bar as a member thereof. He was the third resident attorney admitted.