Hancock County, Indiana - Chapter 10: Literature and Art, 1916

Chapter 10: Literature and Art

Hancock county has been described as "within the genius belt of Indiana." It has also been said that here, "oratory flourishes, and poetry is indigenous to the soil." However these things may be, to mention the names, Lee O. Harris, James Whitcomb Riley, the Vawters, Leroy Scott and the Rev. Charles L. O'Donnell, is sufficient to indicate that the county has received recognition in the fields of literature and art. Not all of our writers and artists have spent their lives in the county. Yet they have enjoyed the comforts of home life in Dur midst, and have memories of friends and experiences that have made life sweeter and better. They have sung their songs, too, and have told their stories and painted their pictures, and we have listened and enjoyed with a sense of pride, because they have been of our number.

Lee 0. Harris

Captain Harris was born, January 30, 1839, in the state of Pennsylvania. At the age of thirteen he came to Indiana, and a few years later located in Hancock county. An event of his youthful days was a trip with a party of United States engineers over the plains and mountains to Puget sound. These men were surveying a route to the Pacific coast. To young Harris, then eighteen years of age, life on the great plains, sleeping under the starry canopy of heaven, and traversing gorges and mountain heights, must have offered a great richness of experience. After his return from this trip, his entire life, w7ith the exception of a very few years, was spent in Hancock county. One year, 1858, he taught in what is now Douglas county, Illinois. During the Civil War he spent several years at the front, and for five years, beginning with 1874, he was principal of the school at Lewisville, Indiana. On March 14, 1861, he was married to Miss America Foster, of Hancock county, daughter of John Foster, the first sheriff of the county.

Before he was fifteen years of age he began writing verses, some of which were published in the local papers. Later his poems appeared over the nom de plume of Larry O'Hannegan, His early poems, as well as his later ones, express a deep love and appreciation of nature. Though we commonly think of him as a lover of nature, his poem "Would Ye Sever the Union?" written on the eve of the Civil War, sounds a patriotic appeal as clear and true in its tones as does his song of "The Bonnie Brown Quail" :

"No, Heaven forbid ! Let the patriots rise And gird on the armor of war, For the dark clouds of treason now darken the skies And the tempest is muttering- afar. If the Union must rest on the sword of the brave So be it! And God help the right; We will rescue our shrine from oblivion's grave, Or die -in the front of the fight."

He was more than a song writer. When his soul was stirred, his emotions found expression in verse, but his intrepid will also expressed itself in action. It was because of this quality that he was found at the front with the three-months men on Lincoln's first call for volunteers, and that later he was found there with the veterans. Throughout his life these elements were combined in him, and we have on the one hand, his literature; on the other, a record of achievements.

Professionally, he was a teacher, and for almost forty years he taught the children and youth of the county. Child life was an open book to him. Of this truth many will bear witness, but nowhere is it better illustrated than in his relationship with his pupil, Riley. Nor can any one express it quite so well as Mr. Riley himself:

"Lee O. Harris came to understand me with a thorough sympathy, took compassion on my weaknesses and encouraged me to read the best literature. He understood that I couldn't get numbers into my head. You couldn't tamp them in. History, I also disliked as a dry thing without juice, and dates melted out of my memory as speedily as tinfoil on a red hot stove. But I always was ready to declaim and took natively to anything dramatic or theatrical. Captain Harris encouraged me in recitation and reading and had ever the sweet spirit of a companion rather than the manner of an instructor."

To Mr. Riley he was indeed more than just an instructor. After his school days were over the younger poet frequently came to his former teacher with his literary efforts, and together they discussed and criticised, and theorized concerning the bent, tendencies and subjects of the former pupil. The sympathetic and cordial relationship existing- between the two men is beautifully expressed in Riley's tribute:

As a poet, his love and emotions were genuine and true. His vision was clear. Nature spoke to him and he understood her language. The joys, the sorrows, the affections of life - he experienced them, and their messages are written in his verses. In a volume of "Interludes," published in 1893, we have them under the following heads : "Songs of Nature," "Home and Affections," "Retrospective," "Sorrow and Bereavement," "Flights of Fancy," "Echoes of War Time," and "Miscellaneous." Who, in the county, has not felt the touching pathos of "The Rose Tree?" Who does not know that he has sung the song of the "Bonnie Brown Quail" without sounding a false note?

The literary efforts of Mr. Harris, however, were not confined to poetry alone. In January, 1861, he launched The Constitution and Union, a newspaper devoted to the cause of preserving the national Union. Its publication was suspended, however, after about two months. In January, 1880, with Aaron Pope, county superintendent of schools, he began the publication of The Home and School Visitor, and contributed to its columns until the time of his death. He also took editorial charge of The Greenfield Republican for several months in 1881. He is the author of one prose volume, "The Man Who Tramps," published in 1878.

In connection with his school work, and also with his literary efforts, he was fond of recitals, theatricals and entertainments. As his good wife now looks back over their younger days, it seems to her that she was kept busy a goodly portion of the time preparing costumes and other paraphernalia. Our older people remember particularly, "The Child of Waterloo," which was one of the plays written by Mr. Harris himself, and which was presented at the old .Masonic Hall. Mr. Riley was one of the actors in the play, and took the part that Captain Harris had designed specially for his personality.

a legacy both as teacher and writer that will always be one of its priceless possessions. Nor have our people been unappreciative. Harris Hall, in the Carnegie library at Greenfield, has been named in his honor. On Saturday afternoon, January 30, 191 5, the County Federation, embracing all the literary clubs of Hancock county, gave a memorial program in his honor at the Presbyterian church at Greenfield. The County Federation also presented to the Greenfield library a large portrait of Mr. Harris. All of these things, however, are but the outward manifestations of the affection and deference for him that dwells within the hearts of the people.

James Whitcomb Riley

James Whitcomb Riley, the most illustrious of Indiana poets, was born at Greenfield on October 7, 1849. "His mother," as his biographer states, "was a woman of rare strength of character, combined with deep sympathy and a clear understanding." His father, Reuben A. Riley, was one of our prominent attorneys a half century ago. He also took an interest in public affairs and, during a long and useful life, wrote his name in large letters on the pages of the country's history.

In the village of Greenfield - for it was not incorporated as a town until 1850 - Mr. Riley spent his boyhood days pretty much as the other boys spent theirs. At school he enjoyed reading and literature. He disliked history and found arithmetic an impossibility. His teacher, Lee O. Harris, directed him in his reading, for which the pupil has always been grateful.

At about sixteen years of age he quit school and undertook to follow pursuits more nearly in line with his own inclinations. He showed some skill with a brush, which his father directed along more practical lines probably than the son had intended. Before his experience ended he became quite proficient as a house, sign and ornamental painter. At least one of his signs, painted for A. J. Banks, is still in existence at Greenfield. Another was long treasured by his friend, E. H. Faut, at New Palestine. For about a year he traveled with a medicine man. Riley's duties consisted in drawing illustrations on a black board, of the wholesome effects of the medicines, and to hold the crowds with his humorous sayings.

His musical propensities found expression on the banjo, guitar and violin. He probably never rendered the classics on these instruments, but his enjoyment of music with other proclivities that are so vividly reflected in his poetry, always produced merriment for those about him. Like many other boys or young men, he aspired to a place in the brass band, and was given the drum by the Adelphians. He is said to have been a skillful snare drummer, but that his personality counted for as much in the band as the drum.

As he 'reached manhood his father had a desire to see him take up his own profession, the law. The son did read law for a while and assures us that he made a good-faith effort to learn to lov.e Blackstone and the others. But it was impossible. There was something incompatible between legal propositions and the poetic rhythm with which his soul was vibrating. Before he reached manhood he began writing verses, some of which are preserved in the "biographical edition" of his complete works.

He next began editing a local newspaper at Greenfield, but in his own language, he "strangled the little thing into a change of ownership" in a few months. After contributing poems to the local papers for a time, some of his verses were accepted by the Indianapolis Mirror, the D anbury News, and Hearth and Home. The D anbury News (Conn.) was at that time one of the leading humorous papers in the country, and the acceptance of verses by this sheet must have been very encouraging to the young poet.

Shortly after this he took a position as reporter for the Anderson Democrat. He also contributed poems, and continued his efforts to merit the recognition of the leading journals and magazines of the country. In these efforts he met many discouragements. Sometimes editors advised him to try prose ; then poetry. He felt that his lines merited greater recognition than they were receiving. In fact, he came to the conclusion that critics were influenced by the reputation of a writer - probably more than by the merit of his productions. To prove the latter, he concocted a plan with a friend, the editor of the Kokomo Dispatch, to publish a poem entitled "Leonainie" upon the representation that it was a newly discovered manuscript of Edgar Allen Poe. It was written in Poe's style and published in the Kokomo Dispatch on August 12, 1877. Air. Riley tells the story of the hoax :

"I studied Poe's method. He seemed to have a theory, rather misty to be sure, about the use of m's and n's and mellifluous vowels and sonorous words. I remember that I was a long time in evolving the name of 'Leonaine,' but at length the verses were finished and ready for trial.

"A friend, the editor of the Kokomo Dispatch, undertook the launching of the hoax in his paper; he did this with great editorial gusto, while, at the same time, I attacked the authenticity of the poem in the Democrat. That diverted all possible suspicion from me. The hoax succeeded far too well, for what had started as a boyish prank, became a literary discussion nation-wide, and the necessary expose had to be made. I was appalled by the result. The press assailed me furiously, and even my own paper dismissed me because I had given the 'discovery' to a rival."

apolis Journal by Judge E. B. Martindale. Then came the poems by "Benj. F. Johnson of Boone," published in the Journal. Benjamin F. Johnson was supposed to be an old farmer of Boone county, but his identity was soon disclosed and Riley's star was in the ascendent. In 1883, the first edition of the "Old Swimmin' Hole and 'Leven Other Poems" was published. From this time a new volume followed every year or two until 1913, when his complete works were published in A Biographical Edition of six volumes.

Though success and recognition came slowly, they were of the highest order when they did come. In 1902, Yale conferred upon him the honorary degree of Master of Arts. Wabash College at Crawfordsville conferred the same degree in 1903. In 1904 the University of Pennsylvania honored him with the degree of Doctor of Letters, and in 1907, Indiana University conferred upon him the degree of Doctor of Laws. In addition to these honorary degrees, the Academy of Arts and Letters elected him a member, and in 19 12 awarded him a gold medal for poetry. On October 7, 191 1, Riley Day was observed by the schools of Indiana and New York City. But on September 8, 19 1 5, came the greatest honor of all, when the governor of Indiana issued a proclamation designating and proclaiming October 7, 191 5, the anniversary of the birth of Mr. Riley as Riley Day, and urged all the people of the state "to arrange in their respective communities, appropriate exercises in their schools and at other public meeting places; that they display the American flag at their homes and places of business on that day in honor of James Whitcomb Riley, Indiana's most beloved citizen."

For a number of years Riley was also one of the most noted readers on the American platform. Even as a boy in school he was always "ready to declaim, and took natively to anything dramatic or theatrical." At Greenfield he was always in demand in local entertainments, and in the early seventies he frequently appeared in different parts of the county as a reader. Items may be found in the local papers of "last days" at school that were enlivened by his presence, and of his appearance at other entertainments. He read his own poems. His reputation grew, his sphere widened, and announcements were made of his appearance in the county seats and at other points of the state. In 1887 he made his first appearance before a New York audience, and then for a number of years read from the best platforms from Maine to California.

For almost forty years he has been living at Indianapolis. He always remembers his boyhood friends at Greenfield, however, and always is warmly received when he visits his native city. Greenfield has always been proud of him as her most illustrious son - probably more so than he himself for many years understood. The teachers and pupils of the Greenfield schools invited him to visit Greenfield on October 7, 191 1, the anniversary of his birthday. Children and citizens were cut en masse to greet him. The court yard and street north of the court house were crowded, and from every window and balcony along- the street people witnessed the reception. A number of his former friends spoke words of appreciation to Mr. Riley, and to the vast throng that had gathered. Mr. Riley himself spoke a few words and later sent the following letter to the pupils at Greenfield :

"Being unable to write to you himself, my uncle has asked me to express his gratitude for the appreciative birthday greetings you sent to him on behalf of the teachers and pupils of the Greenfield schools. Your greetings were especially welcome, more dear than any of the many others, because they recall the happy days of his youth in Greenfield, many memories of the old home, and the loyalty of the people of Greenfield.

Will H. Glascock

Will H. Glascock was born in Hancock county, February 10, 1857. He began teaching in the fall of 1877, at Woodbine school house in Center township. His first college training was received at the Central Normal College at Danville, Indiana. On August 29, 1880, he was married to Miss Alice Creviston, of Greenfield, Indiana. In 1885, he was elected county superintendent of schools of Hancock county, and served four years. He then served two years as superintendent of the Greenfield city schools, when he was appointed deputy state superintendent of public instruction. After four years of service in the state superintendent's office, he was appointed superintendent of the Blind Institute at Indianapolis, 1895. In 1898, he resigned this position in order to do more university work, and during the next two years he attended Indiana and Chicago universities. In 1900 he was elected superintendent of the schools at Bloomington, Indiana.

In addition to these duties he devoted some time to literary work. Besides articles published in the educational journals of the state, he is the author of two books, "The Stories of Columbia," published in 1894, and "Young Folk's Indiana," published in 1898. These books were selected for the Young People's Reading Circle library. They may be found now in all the "schools of the state that have kept up their Reading Circle libraries. His untimely death occurred on December 26, 1901.

Rev. Charles L. O'Donnell was born on November 15, 1884, about two miles northwest of Greenfield, near what is yet commonly known as Slabtown. His father, Neil O'Donnell, was a farmer, and removed to Kokomo when the son was two years old. There young O'Donnell began his education. Later he entered the University of Notre Dame, from which he received his Bachelor's degree in 1906. From 1906 until 19 10 he was a student in Holy Cross College, at Washington, D. C. In 19 10 he received his Doctor of Philosophy degree from the Catholic University of America, and on June 25, 1910, he was ordained a priest in the Roman Catholic church in the Congregation of Holy Cross. Since 19 10 he has held the position of professor of English literature in the University of Notre Dame. He is the assistant editor of Ave Maria, and is the author of "A Study of the Prose Writings of Francis Thompson, with Special Reference to his Creative Criticism." In addition to his prose work he has contributed verses to some of the leading magazines.

He was invited by the commission of the Indiana Legislature to write an ode for Indiana Day at the Panama-Pacific International Exposition. He responded to this invitation and, as reported by the San Francisco Examiner, "he contributed no small part of the program for 'Indiana Day' at the Exposition." This was Father O'Donnell's third appearance as a "poet of occasion." The first was when he read an ode at the Sacredotal Golden Jubilee of Archbishop Spalding, and the second, when he welcomed the sword of Gen. Thomas Francis Wright to the University of Notre Dame in the ode, "A Hosting of the Gael." It is expected that a volume of the writer's poems will soon be published.

Adelia Pope Branham

Adelia Pope Branham was born on October 13, 1861, and has lived all her life at Greenfield. She was educated in the local schools. As a young woman she began writing verses and prose articles that were accepted by the local papers. Later she had the satisfaction of seeing her work accepted by the magazines, including The Century.

Her first book of poems was published in 1899, entitled "Grandma Tales and Others." This book was illustrated by Will Vawter, a Greenfield artist.

Many of her poems have been set to music by well-known composers, and have been published. Among the poems receiving very favorable notice are "Resurgo," "The Day We Threshed," and "Out in God's Fields."

Mrs. Branham did not devote any time to the short story until after the publication of her first volume of poems in 1899. Upon the request of publishers, she entered the field of short-story writers. At present, she is writing almost exclusively for the religious press; her stories in the way of religious fiction are used widely in Sunday schools and in Christian Endeavor societies, but she also holds her place among magazine writers. Short stories that have received special recognition are, "More Stately Mansions," "The House on the Sand," "The Other Prodigal," and "In the Far Country."

Alma Martin Estabrook

Mrs. Estabrook is the daughter of Dr. Samuel M. Martin and Florence Howard Martin, of Greenfield. She was educated in the local schools and at Oxford Female College, Ohio. On June 30, 1896, she was married to William Chester Estabrook, of Indianapolis, but for the past ten years or more she has lived in the state of Colorado.

She first began writing at the suggestion of her father, for the Western Horseman. Later she wrote the "Rule of Three," a novel with its scenes laid in the mountains of Colorado. During the past several years she has been writing novelettes and short stories for magazines. Some of her stories have been accepted by the best magazines of the country, including Harper's and The Century. Her home at present is at Denver, Colorado,

Leroy Scott

Leroy Scott was born at Fairmount, Indiana, on May II, 1875. His father was a Friends minister and moved to Philadelphia, in Hancock county, when Leroy was about ten years old. The son entered the public school at Philadelphia and graduated with the class from Sugar Creek township in 1888. His father then moved to Greenfield, and he entered the high school, graduating in the class of 1892. His college training was received at Indiana University, where he took his degree in 1897.

Even as a boy in the public schools he was fond of story writing, and used to amuse and entertain his mates by passing around stories he had written on his slate or note book. This talent was cultivated throughout his university course, and on graduating in 1897, he at once took up newspaper work. After three years' experience as a reporter he was selected as assistant editor of the Woman's Home Companion. In 1902-3 he was the assistant headworker at the University Settlement, Xew York. Since 1904, he has dovoted his entire time to writing. On June 27, 1904, he was married to Miriam Finn, a Russian Jewess, who is also a writer of note.

Leroy Scott is a Socialist, and his novels are written with the purpose of impressing upon the world the need of reform. He has spent some time in Russia, and many of his stories deal with Russian life. He is the author of "The Walking Delegate," 1905; "To Him That Hath," 1907; "The Shears of Destiny," 1910; "The Counsel for the Defense," 1912. In addition to these books, he is the author of a number of serials and short stories that have been published in the very best magazines in America.

Richard Brown Black

Richard Brown Black, son of Richard A. and lone (Brown) Black, was born at Greenfield in 1888. He received his elementary education in the grades of the Greenfield schools. Two years were spent in the preparatory department at Butler, after which he went abroad.

He began his art study in Avignon, France, in 1903. After two years in this branch school of the National Beaux Arts, he spent a year in Spain and a year in Rome, Italy, studying in the local schools and doing outdoor sketching. Returning to France, he entered the Paris school of the Beaux Arts, where he was a pupil of Ferdinand Cormon until 19 12. In 1907, he first exhibited in Paris Salon. Thereafter he was always represented either in the Exhibit of Les Artistes Francaise or Ces Beaux Arts.

During several vacations spent in northern Africa, Mr. Black felt greatly drawn by the color and life of the Arabs. More and more he came to identify himself with the painters grouping themselves as Orientalists. He exhibited with them in their Paris Salon. In 1914, the French government bought one of his paintings from the Orientalists exhibits, and other canvasses were sold to well-known French art buyers.

In honor of his 19 14 success he was elected a life member of the Jury of the Orientalists, a remarkable recognition of work for one so young.

In 1913 the Paris Jury for the Pennsylvania Academy of Fine Arts selected and brought to this country a painting of Mr. Black's as representative of the group of American artists living abroad.

Mr. Black also exhibited etchings and paintings in Indianapolis at the Herron Art Institute. One of his paintings has been placed in the public library at Greenfield. His death occurred in April, 19 15. (28)

The Vawters

John W. Vawter, or "Will Vawter," as he is familiarly known around Greenfield, was born in Boone county, Virginia, April 13, 1871. His parents moved to Greenfield while he was yet a child, and he was educated in the public schools of this city.

Mr. Vawter is an artist. His first work was done on the Indianapolis Sentinel in 1892. In 1897 he wrote a series of comic verses and illustrated them for the Cincinnati Commercial Gazette. Since that time he has made illustrations for the Indianapolis News, Success, and the Presbyterian.

In 1899 he collaborated with his sister, Clara Vawter, in producing a children's book, "Of Such is the Kingdom," now known as "The Rabbit's Ransom." He has also illustrated Riley's "Child Rhymes," Bob Burdett's "Smiles," E. O. Laughlin's "Johnnie," Nesbit's "Trail to Boyland," Riley\s "A Defective Santa Claus," Riley's "Book of Joyous Children," and Bartlett's "Tales of Kankakee Land." One needs but to see any of these books to appreciate the fine art of Mr. Vawter. In fact, one must see them in order to appreciate it.

On November 9, 1902, Mr. Vawter was married to Mary Howey Murray, of Chicago, and for the past six or seven years has been living amid the hills and scenes of Brown county in this state.

Unfortunately, Miss Clara Vawter, the sister, was taken away before she had reached the age at which people can give their best to the world. Yet in this short life she wrote for the children of the land a most delightful story, "The Rabbit's Ransom." It was selected by the state board as one of the Young People's Reading Circle books, and in all the schools of the state the children have been made glad by the story.

There are others who do not devote their time to literary work, yet whose occasional writings have attracted attention and have been accepted by highgrade periodicals and magazines.

Minnie Belle Mitchell, wife of John F. Mitchell, editor of the Hancock Democrat, has for years been identified with the literary activities of the county and state. In 191 1, while serving as a director of the Indiana Federation of Literary Clubs, she introduced a resolution before the convention at Richmond, Indiana, that the public schools and literary clubs of the state annually observe the anniversary of our beloved Hoosier poet, James Whitcomb Riley. The resolution was adopted and cheerfully acted upon, not only in Indiana, but in other states' as well. So enthusiastically have the people responded that the movement has become national.

John F. Mitchell, Jr., a graduate of Butler and Yale, has written several college plays that have been successfully presented. Among the most popular of them has been "The Gentleman from Indiana," a burlesque on Booth Tarkington's book with the same title. He also wrote a sketch of "Riley at Greenfield," which was accepted by the Ladies' Home Journal a few years ago. A volume entitled "The Rooster," a history of the Democratic emblem, was published in 1913. At present John is assistant editor of the Hancock Democrat, and the associate editor of the Journal of American History of New York.

Mrs. "Mitchell and her son have also collaborated in their literary work. They have written several plays, among which is a morality play, "The Way There." It embodies a conception of the struggle between the forces of Good and Evil. Its structure is carefully wrought and suggests the hands of artists. The drama unfolds in a manner that is truly beautiful and impressive.

Clarence A. Hough, son of William R. Hough, has lived in Chicago since about 1890. His time has practically all been given to newspaper and literary work. For a number of years he was connected with the Chicago dailies, and in 1905, when he gave up newspaper work, he was the financial editor of the Chicago Post. In 1897, while traveling through France and Italy, his letters, giving impressions of these countries, were purchased by a syndicate and published in ten of the leading newspapers of the United States, including the Boston Transcript, Pittsburgh Dispatch, Indianapolis News and Omaha Bee. He is also the author of a volume entitled "Money," in which the money system of the United States and the principles of banking are explained. Before going to Chicago, Mr. Hough spent two or three years on the stage as a reader. Many of his selections were his own. Practically all of his literary work during the past ten years has been given to writing plays.

William A. Hough, who recites Riley's poems so admirably, is himself not a stranger to the poetic muse. He has written a number of poems that have been set to music by Barclay Walker, of Indianapolis. Although he has not devoted any time to song writing for a number of years, people will remember "Katie O'Brien," "Didst Thou But Know," and "I Know a Little Maiden." Mr. Hough was a member of the Western Writers' Association from 1886 to 1890. He is familiar with Indiana literature and has lectured on that subject before the teachers' institutes of several counties in the state.

Benjamin F. Phemister fs the author of a number of poems, some of which have attracted a great deal of attention. About twenty-eight years ago he wrote a little poem entitled, "What Mother Thinks." It was published in the

Cincinnati Enquirer without giving the name of the author. Since that time it has been published as an anonymous poem in practically every newspaper in America. It has been called for in the Indianapolis News eight or ten times since then and has been published as often, "author unknown." On December 5, 1914, the Indianapolis News published another of Mr. Phemister's poems entitled "Around the Flaming Fireside of the Old Homestead." Afterward the Atlanta Constitution asked permission of the author to publish the poem. Another poem written during the revival at Greenfield in 1914, entitled "The Evangelist/' possessed such merit that it was at first credited to Mr. Riley. "When We Shock the Wheat by Moonlight in Grandpa's Harvest Field," with a few other poems was submitted to Henry Augustine Beers, professor of English literature of Yale University. Professor Beers pronounced it "one of the most beautiful folk lore poems in the language."

Allen S. Bottsford is a poet and illustrator who spent his boyhood days in the county. His poem "The Lost Lane" is included in the volume, "Poets and Poetry of Indiana." As an illustrator he has been engaged for a number of years on the dailies of Indianapolis, San Francisco and other cities. His sister, Clara Louise Bottsford, also wrote verses that were published in local and state papers. Some of them also found their way into Eastern magazines.

Mrs. Martha J. Stubbs, of Brown township, has written stories and historical sketches that have been accepted by the Indianapolis Sunday Star. Articles and letters relating to the care and training of children and the elevation of the family have also appeared in Eastern magazines.

Charles A. Robinson, prominent in the Improved Order of Red Men, is the author of a volume or two of Indian legends. He has also written a number of poems that have been published. His lines, "When the Trees Dress in Scarlet and Gold," set to music by George Suess, also of Greenfield, are probably best known. Mr. Robinson is a lecturer and has traveled far and near as a speaker, especially for the Improved Order of Red Men.

John H. Binford in 1882 wrote a "History of Hancock County." Mr. Binford was forceful and vigorous as a writer, and his work has stood for more than thirty years as the only history of the county.

Home And School Visitor

The Home and School Visitor was first published in 1881 by Aaron Pope and Lee O. Harris. D. H. Goble soon bought the interest of Mr. Pope, and for a time it was published by Goble & Harris. For many years now, its ownership and management have been with the Gobies.

The Home and School Visitor is a children's magazine. It has always contained stories and poems for children of all grades, and for many years it has maintained a department of current events. It is used in practically all the schools of the state of Indiana, and, in fact, in a number of the states of the Union, for supplementary reading.

The Hancock Bar

This brief would not be complete without a few authorities to establish the relation of our lawyers to the general progress and development of the county. Some people may think that no such relationship exists, but they simply fail to understand. It has been stated elsewhere that when the settlers first came to Hancock county, they were confronted with three great tasks - to clear away the forests, to drain the lands, and to build highways for intercommunication. Our lawyers may not have had much to do with clearing away the forest, but the public will probably never appreciate just howmuch they have had to do with drainage and road building. Many a swamp would have continued to harbor the germs of disease; many a stream would have remained stagnant, and acres of our garden land would have remained waste, had not doubtful and discouraged farmers found our law offices real sources of inspiration in the consideration of such matters. Our dirt roads have practically all been covered with gravel. Two hundred eighty-one miles have been converted into improved "free gravel roads," over which our citizens travel with comfort and ease. Our lawyers have always encouraged road building. Their presence has never failed the good people of the county when the machinery of the courts needed to be set in motion to accomplish such results. It is not the intention to give any undue credit to the bar. But our lawyers have always been progressive, and their relation to all that has been accomplished in the county can be properly appreciated only after prolonged meditation thereon. Since the organization of the Hancock circuit court, their number has not been exactly "legion," yet they have been many. Following are the names of the men, resident and non-resident, who have been recommended for fitness and character, and who have held up their right hands and taken the oath to "support the Constitution of the United States and of the state of Indiana, and faithfully and honestly to discharge the duties of an attorney at the bar of this court."

Calvin Fletcher, March 24, 1828; on motion of James Whitcomb. Hervey Gregg, March 24, 1828; on motion of James Whitcomb. Marinus Willett, March 24, 1828; on motion of James Whitcomb. Charles H. Vreeder, March 24, 1828; on motion of James Whitcomb. Hiram Brown, September 22, 1829.

R. X. Williams, August 17, 1840; on motion of Thomas D. Walpole. George W. Julian, August 16, 1841 ; on motion of Thomas D. Walpole. James B. Sleeth, August 16, 1841 ; on motion of Abram Hammond. Theodore Barnett, September 27, 1843; on motion Of James Morrjson. D. M. C. Lane.

William F. Matlock, February 17, 1845; on motion of Hugh O'Neal. John C. Lynam, February 25, 1845; on motion of A. A. Hammond. Gustavus N. Moss, August 18, 1845; on motion of Reuben A. Riley. Daniel A. Hart, August 21, 1845 \ on motion of A. A. Hammond.

Horatio C. Newcomb, August 9, 1847 ; on motion of William Ouarles. Thomas Sullivan, August 9, 1847; on motion of William Quarles. Martin M. Ray, August 9, 1847; on motion of William Quarles. William P. Davis, August 10, 1847; on motion of R. A. Riley. Nimrod Johnson, August 10, 1847; on motion of R. A. Riley. John L. Ketcham, September 2, 1850; on motion of Hugh O'Neal. James L. Mason.

Lemuel W. Gooding, August 17, 1845 ; on motion of Thomas D. Walpole. Charles A. Rang, February 16, 1854; on motion of A. A. Hammond. William Evans, February 29, 1855; on motion of David S. Gooding. William R. West.

David VanLaningham, August 15, 1856; motion of Thomas D. Walpole. Michael Wilson, August 10, 1857; on motion of Reuben A. Riley. William R. Hough, August 10, 1857; on motion of Reuben A. Riley. Benjamin F. Claypool, February 9, 1858; on motion of David S. Gooding Oliver I. Baird, February 9, 1858; on motion of Thomas D. Walpole.

Parris Indian, June 2, 1859; on motion of Thomas D. Walpole. William H. Pilkinton, February 15, i860; on motion of R. A. Riley. Bryan C. Walpole, February - , i860; on motion of R. A. Riley. William R. Walls, February 25, i860; on motion of R. A. Riley. Henry C. Gooding, August 15, i860; on motion of William H.

William Hendricks, August 15, i860; on motion of William R. West. Joseph P. Marshall, February 20, 1861 ; on motion of William R. West. Almond R. Meek, August 14, 1861 ; on motion of William R. West. Charles D. Morgan, February 11, 1862; motion of Lemuel W. Gooding. Thomas H. Branham, February 21, 1862; on motion of Henry Craven. Jesse McHenry, August 15, 1862; on motion of James L. Mason. Walter March, August 11, 1863; on motion of Lemuel W. Gooding. Silas C. Cooper, February 14, 1865 ; on motion of David S. Gooding. Lewis Dale, February 14, 1865 ; on motion of David S. Gooding. Alfred D. Shaw. August 14, 1865 ; on motion of James L. Mason. Oliver P. Gooding, August 15, 1865; on motion of R. A. Riley. Augustus W. Hough, February 13, 1866; on motion of R. A. Riley. W. W. Kersey, February 13, 1866; on motion of R. A. Riley. W. W. Purdue, February 15, 1866.

Stephen D. Lyon, August 15, 1866; on motion of George Y. Atkison. J. M. Lowe, August 15, 1866; on motion of James L. Mason. John H. Popps, August 21, 1866; on motion of Reuben A. Riley. George W. Johnson, August 21, 1866; on motion of W. W. Kersey. Richard Kelly, August 28, 1866; on motion of James L. Mason. Charles G. Offutt, February 12, 1867; on motion of James L. Mason.

Albert S. Caldwell, January 12, 1880; on motion of William Ward Cook. Robert Denny, March 16, 1880; on motion of John W. Jones. Albert Baker, March 16, 1880; on motion of William R. Hough. Charles S. Rennecamp, April 8, 1880; on motion of Charles G. Offutt. L. H. Reynolds, June 7, 1880; on motion of John W. Jones. A. C. Ayers, October 18, 1880; on motion of James A. New. Robert Collins, January 3, 1881 ; on motion of William R. Hough. Charles W. Smith, March 22, 1881 ; on motion of James L. Mason. Tilghman E. Ballard, March 28, 1881 ; on motion of David S. Gooding. Henry W. Taylor, March 28, 1881 ; on motion of David S. Gooding. William C. Barrett, June 13, 1881 ; on motion of R. A. Riley, Harmon J. Everett, June 6, 1881 ; on motion of Samuel A. Wray. Jesse J. Spann, June 17, 1881 ; on motion of William R. Hough.

Charles Downing, September 2, 1889; on motion of William Ward Cook. John J. Rochford, September 2, 1889; on motion of William Ward Cook. Henry Warrum, September 2, 1889; on motion of William Ward Cook.

Organization Of Court

The Hancock circuit court was organized on March 24, 1828, at the house of Samuel B. Jackson. This house stood on the south side of the National road, just a short distance west of the present car barns. There were present on that occasion Bethuel F. Morris, president of the fifth judicial circuit, Jacob Jones and James B. Stephens, associate judges, Lewis Tyner, clerk and James Whitcomb, prosecutor.

The name of James Whitcomb does not appear on the court records except as prosecutor. He later became governor of the state of Indiana, and is the man after whom our Hoosier poet, James Whitcomb Riley, was named.

Four attorneys were admitted to practice on that day, Calvin Fletcher, Hervey Gregg, Marinus Willett and Charles H. Vreeder. During the first few years the court held two sessions annually. The September term, 1828, and the March term, 1829, were also held at the residence of Samuel B. Jackson. The record shows that the court convened for the first time at the court house at Greenfield on Thursday, September 17, 1829.

The first rules governing the practice at the bar of the court were adopted at Jackson's residence on March 19, 1829. The following are the rules:

Term, 1829

"2. The party introducing the witness will examine him in chief; the opposite party will cross-examine, and the other party will then explain, but no new matter will be introduced without obtaining permission of the court. And if one party shall interrupt the other by asking a question in any other manner except by regularly objecting to the court, he will be punished.

"3. If a question is objected to, the objector will instantly rise in his place to make the objection to the court, and an attempt to press the question upon a witness, or ejicit an answer before the point is determined, will be punished.

"4. Every attempt to ask a question which in form or substance has once been answered, or in any manner, either directly or indirectly, to get improper evidence to the jury, or any attempt to lead a witness by the form or manner of the question, or to dictate or connect his evidence, be considered an attempt punishable at the discretion of the court. So will be frequent repetitions of the same questions to the same witness, unless necessary to obtain the object of the cross examination.

"5. During the hearing of a cause before a jury no argument will be permitted upon any question arising as to competency of witnesses, or the admissibility of testimony. But the question may be taken down at any time, and the point will be reserved for argument on a motion for a new trial. If any such objections are made, and the counsel have any authorities at hand to produce, they will be examined, but no remarks will be permitted.

"6. After the defendant or the party holding the negation has closed his testimony, the opposite party will not be permitted to introduce any except rebutting testimony.

"7. If in the argument of a case before a jury, any reflection, ' either direct or indirect, or any complaint is made by any attorney, that the court had rigidly enforced the rules of evidence and restricted the party in his testimony, he will be punished by suspension during the term.

"8. In the argument of a case to the jury, no improper allusion shall be made to facts that are not in evidence before the jury, to public opinion, or to any other matter not legally connected with the cause, and not a legitimate subject for observation.

"10. All applications for special instructions to the jury must be in writing, and not a word by way of application for counter instructions will be heard. If any instructions given by the court are objected to, the party objecting will. say so at the time and the instructions will be taken down, and the point reserved for argument on a motion for a new trial, or for a bill of exception.

"n. In all arguments, either to the court or jury, the counsel opening the cause will read all of the authorities upon which he intends ]to rely, and no additional authorities will be read in the concluding argument; and in all arguments or questions submitted to the court, they will, in their discretion, direct the attention of the counsel to such points as they deem worthy of argument, or upon which they entertain doubts, and if an attorney wanders from these points, he will be stopped.

term, when a declaration has been filed and process served ten days before court, the defendant will be expected to plead on the first calling of the cause on the day on which it is docketed, and for want of such pleading, judgment will be rendered, unless", for good cause shown by affidavit, further time be allowed.

"13. No time will be allowed in court to prepare an affidavit for a continuance unless it appears that the party applying could not have known before that time by using proper diligence that such application would be necessary - nor would any time be allowed to prepare pleadings or other papers at the bar which might have been prepared before.

"14. On motions for continuance, the party applying will read his affidavit; one of the opposite counsel will be heard, if an objection is made, and the applicant will reply.

"15. If an attorney has any business to transact with his clients or other persons other than the immediate cause in hearing - -he will retire from the bar.

"16. When a cause at issue is given for trial, if the counsel informs the court that he is ready, the counsel will immediately progress. If the cause is not then ready, the cause will be placed at the foot of the docket, and thereby lose its precedence.

"17. Any attempt to argue a question after it is determined by the court, or to continue the argument after it is argued out or closed, will be punished.

"18. Any bill of exceptions containing any part of the evidence in a cause, will have to be signed unless the party excepting will take down the evi-

"19. When attorneys wish to engage in wrangling, personal abuse, recriminations, they will retire from the court room, or submit to punishment by fine, impeachment, or suspension at the pleasure of the court.

"20. As the court sits for the purpose of administering justice, they will, with benefit and pleasure, hear any arguments or authorities that will, in the least degree, aid them in the discovery of truth, or the detection of fraud ; but they will not unnecessarily consume the time of persons and witnesses and increase the public, as well as individual expense, by listening to mere idle declamation or popular harangue made with other views and for other purposes than the investigation of truth, or the advancement of justice."

The court house in which the court convened on September 17, 1829, stood on the west side of what is now South State street. It was a two-story log house and was located just a little north of the alley running east and west between Main and South streets.

The first court house on the public square was built late in 1834, or early in 1835, and was used until 185 1. It has been described in an earlier chapter of this work. The court room was on the first floor in the southeast part of the building. In the southeast corner of the room was a large fireplace, six or eight feet wide, in which logs were burned. The floor of the entire court room was made of brick. It was in this room that Thomas D. Walpole, George W. Julian, Reuben A. Riley, David S. Gooding and James Rutherford began their practice and became the leading practitioners of the county.

The practice of the attorneys in this court room was based on the old common law instead of the code. Our code was not adopted until the new state constitution went into effect in 1852. For this reason, the court records of that period show civil actions brought on debt, assumpsit, etc.

Disbarment Of Walpole

There were also some stirring scenes in this court room. It was there, on Wednesday, February 25, 1835, the state of Indiana, on relation of Eden Chittenden, filed charges and specifications against Thomas D. Walpole in relation to his malpractice as an attorney of the court. Walpole was in court at the time and the clerk was ordered to furnish him a copy of the charges.

On Thursday morning, February 26, the matter came up for hearing and the following record was made : "Now comes as well the plaintiff by his attorney as the defendant in his own proper person who admits the receipt of a copv of the charges and specifications aforesaid, and files his answer thereto, and the parties submit the matter to the court. Whereupon all and singular, the premises being seen, and the evidence adduced by the parties being fully heard and understood, the court do say that the respondent, the said Thomas D. Walpole, is not guilty as he is charged in the first and second specifications aforesaid, and that the said respondent is guilty in manner and form as he stands charged on said third specification. Wherefore it is considered, ordered and adjudged by the court that said respondent, for his malpractice and misconduct aforesaid, whereof he is convicted as aforesaid, be forever deprived of his franchise and privilege as such attorney and counselor at law as aforesaid, and that he be no more permitted to practice as such, under, or by virtue of his license whereof he is now possessed."

Following this judgment, Walpole "moved the court to arrest and stay judgment upon their finding, and the conviction aforesaid, for the cause that said third specification whereupon said WTalpole is convicted as aforesaid is insufficient in law to warrant any judgment thereon." But this entry follows : "And the premises being seen and understood, it seems to the court that said third specification is sufficient to warrant judgment thereon. It is therefore considered that the said Walpole take nothing by his said motion."

On the fourth of April, 1836, a motion was made to admit Walpole to practice for the term then in session. This motion was granted. Four days later a motion was made that he be again admitted to practice as an attorney at the bar of the court. This motion was overruled. On October 6, 1836, Walpole was admitted to practice as an attorney at the bar, but in the presence of the associate judges only. On January 19, 1838, he was admitted in the presence of the full court.

The record does not disclose the specific cause for which he was disbarred, nor does it show that the order that he "be forever deprived of his franchise" was ever rescinded or erased. Other chapters of this work, however, will show that he did vote many times, and that he put his full portion of ginger into future campaigns.

One is surprised at the number of lawsuits in which Walpole himself was a party, as shown by the records of the court. Frequently he appeared as plaintiff, but more often as defendant. Nor does there seem to have been any statute that limited proceedings against him to civil actions. His name appears as defendant in state cases, and one of the amusing incidents in the record is an indictment returned against him February 17, 1849, for disturbing a lawful meeting.

Additional Rules

"Previous to making an issue, the party bound to answer pleadings already filed may have the papers in a cause until he shall have answered such pleadings.

"After the issue is made up, the clerk shall be held responsible for the papers until the parties announce themselves as ready for trial, at which time they shall be delivered to the party having the affirmative of the issue to be tried.

"The prosecuting attorney must have possession of the papers in all state cases, and must be prepared to mention the names of parties and sureties and witnesses whom he may desire to call promptly.

"No paper shall be filed unless it be properly and plainly endorsed in such a manner as to show the title of the suit to which it belongs and the character of the papers."

Some of the attorneys at the bar seem to have been inclined to violate well-known rules of practice, apparently to the annoyance of the court. In consequence thereof, the following order was made at the February term, 1837, by Judge Wick :

"Ordered, that the following rules be observed by attorneys practicing in this court: Personal allusions to counsel, explanations of personal matters, impeachment of the motives, management or justification of the personal motive or allusion thereto, and all other matters merely personal or complimentary or offensive towards the profession in their character, must be avoided in argument. Counsel violating this rule will be stopped and reprimanded, and persisting therein, will not be permitted to proceed."

Division Of Court Room

In all of the older court houses, and, in fact, until 1871, there was no division of the court room for the convenience of attorneys and litigants.

"And it plainly appearing to the court that the room designed for its use and now being used and occupied by it, is still out of repair and without suitable furniture, and in consequence thereof is in such condition as to greatly inconvenience the court and members of the bar, and parties litigant, and retard the transaction of business therein. It is therefore now, here, and hereby ordered and directed, that the sheriff of this county shall proceed forthwith to repair said court room, and to put the same in good condition, and to erect a railing so as to separate a proper portion of said room in the east end thereof for the use of the court and the bar, and to furnish the same with suitable furniture, etc., for the use and accommodation of the judge, jury, clerk, sheriff, and members of the bar of this court, and to have the same completed by the first Monday in June next.

"And the court hereby appoints Henry A. Swope, clerk of this court, and William R. Hough, a member of the bar thereof, to act in conjunction with said sheriff in determining in what manner and style said repairs and improvements, and furniture shall be made and furnished, and the same shall be made, done and furnished in the manner and style that they, the said sheriff, or either two of them shall determine."

Court Stenographers

The first law providing for shorthand reporters for the courts was passed in 1873. Prior to the passage of this act no evidence was kept in minor cases. For the more important cases, when parties demanded it, the court appointed one of the lawyers to take notes on the evidence submitted, who then wrote the same out in long hand. William R. Hough has in this manner prepared the evidence for the supreme court in many cases. The court record also shows that in 1871, an allowance of forty dollars was made to Charles G. Offutt for reporting the evidence in the case of State vs. Duncan.

W. E. Scott was the first official resident court reporter. He was appointed by Judge Martin in 1888. In 1894, Judge Offutt appointed Charles F. Reeves, who served for thirteen years under Judges Offutt, Felt and Mason. Mrs. Maggie Pitts served for about a year at the close of Judge Offutt's term and the beginning of Judge Felt's term. Charles E. Walker was appointed by Judge Mason and has now served about nine years under Judges Mason and Sample.

Stenographers In Law Offices

Until about twenty-five years ago all pleadings and other papers were written in long hand by the attorneys. Stenographers were first employed in the law offices at Greenfield in 1891. Marsh & Cook, who were enjoying a very lucrative practice, employed Margaret O'Donnell, now Mrs. James R. Boyd, in September, of that year. After the death of Mr. Marsh in 1905, the firm of Cook & Cook was formed, and since the death of William Ward Cook in 1913, the business of the former firms has been carried on by Cook & W'alker. Following are the names of the stenographers who have been employed in this office: Margaret O'Donnell, September, 1 891 -November, 1 89 1 ; Nettie Adams, July, 1892-February, 1901 ; Pearl Wood, March, 1901- February, 1903; Nora Chandler, February, 1903-September, 1903; Bertha Cockayne, October, 1903-February, 1904; Mrs. L. G. Shaw, February, 1904- July, 1904; Emily Woodall, July, 1904- June, 1905; Martha Johnson, July, 1965-March, 1906; Clara Rynerson, March, 1906-August, 1906; Stella Thompson, August, 1906- July, 1908; Elizabeth Kissell, August, i9o8-:September, 1908; Stella Thompson, September, 1908-August, 1909; Lillian Charles, August, 1909-June, 1912; Hildred Walker, July, 1912, to the present time. Several of the stenographers named above also worked in other law offices, some of them for a period of years. Miss O'Donnell, for instance, was in the office of John H. Binford for eight years or more. Following is a list of the stenographers who have been employed in other law offices at Greenfield since 1891 :

Law Library

The splendid law library to which the attorneys have access at the court house has been collected within the last thirty-five years. On the eighth day of June, 1882, the court, on its own motion (Judge Forkner on the bench), ordered that James A. New, Israel P. Poulson and Augustus W. Hough be added to a committee that had been theretofore appointed by the judge of the court, to sell the extra volumes of the Indiana Reports and to purchase the New York Reports, and to report their doings, etc., etc.

On the fifth day of January, 1886, this committee reported the sale of forty-eight volumes of the Indiana Reports. They also reported the purchase of thirty-three volumes of the New York Reports. The committee further "shows that the reason why this matter was not promptly closed up was that Bowen, Stewart & Company agreed at the time said purchase was made to furnish the digest for said reports under contract as they were compiled and published, for which said balance was to be expended. And he said that said digests were not furnished, hence the funds retained therefor are still on hands, and that with this unfulfilled promise died the recollection which the committee had of the details of their proceedings and doings." This report was made by James A. New, a member of the committee.

On the fifth day of April, 1887, Ephraim Marsh, Israel P. Poulson and James A. New, "committee on the Hancock County Law Library," submitted another report of their doings as such committee, which was approved by the court, and which showed that additional law books had been purchased from the Bowen-Merrill Company. The purchase of the New York Reports, as above stated, seems to have been the first step towards getting a library of general reference. The National Reporter System was started in 1885, and soon the first volumes of these reports were placed on the shelves. Other publications were added as they came from the press, including the Federal Reports, the Lawyers' Reports Annotated, the Centennial Digest, the Decennial Digest, Encyclopedias, etc.

As School Examiners

In the early history of the county the lawyers held a prominent place in the educational work of the county. They were frequently appointed to examine teachers as to their fitness and qualifications. Thomas D. Walpole was appointed by the circuit court in 1842. Township examiners were appointed in 1845, Dut 'm l&5° tne circuit court again appointed an attorney, R. A. Riley. Following the enactment of the County Examiner's law, the board of county commissioners of Hancock county appointed the following lawyers as "examiners:" James Rutherford, 1853; R. A. Riley, 1856; James L. Mason, 1857; William R. Hough, James L. Mason and David VanLaningham, 1859; William R. Hough, i860; M. C. Foley, 1864; James A. New, 1871.

In Politics

The attorneys have always taken an interest in politics. Thomas D. Walpole, R. A. Riley and David S. Gooding were among the first to become established in the county, and thev were politicians. Walpole and Gooding were at first Whigs. Riley was a Democrat until the repeal of the Missouri Compromise in 1854. In the latter fifties Gooding and Walpole were Democrats and Riley was a Whig. With the opening of the Civil War, James L. Mason became a leader of the Democrats, while Gooding and Riley became prominent in the Union party. William R. Hough also sat in the councils of the Union party. He became active as a Republican in the early seventies when he served two terms in the state senate. Lemuel W. Gooding was also active in the Union party during the war and remained active as a Republican for several years after the war. He was chairman of the Republican county central committee in 1867-8. Montgomery Marsh was an active Democrat all his life. He, by the way, was also the chief agitator in stirring up interest in the gas situation in 1886. Charles G. Offutt and Ephraim Marih entered the political arena a few years after the war and remained active Democrats for thirty-five years, Stokes Jackson, it may be said, entered the legal profession through politics. Judg'e Felt has been a successful politician and has held public office probably more than half the time since entering the profession. R. A. Black was a prominent Republican and William A. Hough's name is frequently mentioned in Republican circles among the eligibles for Congress. Practicallv all meml>ers of the bar now take an active interest in politics. They never refuse to serve their respective parties with their best judgment, nor do they shun the responsibilities of public office when the importunity of friends becomes irresistible.

Temperance Campaign Of 1874

Alliance, a ladies' organization, had been effected in Greenfield, and a mass meeting of the citizens was being held at the Methodist Episcopal church on Sunday evening, March 8. The church was filled to overflowing and many of the lawyers were present. Temperance pledges were being presented and signed in all parts of the room. But the ladies had prepared a special pledge for the attorneys, wherein they were to agree not to defend any person charged with a violation of the liquor laws. -One or two of the attorneys, it seems, signed the pledge, but the others refused to do so. The matter was discussed in meeting and several of the attorneys expressed their views on this pledge. Ephraim Marsh and Charles G. Offutt both spoke at length upon the matter. As reported in the Hancock Democrat, Mr. Marsh said "he was in favor of temperance in all things, but was not prepared to say which was the right way. When he came to a conclusion all the ladies had to do was to show the way and he would follow. As to the pledge prepared for the lawyers, he would not sign it under any circumstance. All criminals were entitled to a fair and impartial trial, and to be heard in person or by counsel. This being the case, and he being a lawyer, he could not consent to place himself in a position not to accept employment in any case at the bar, if he desired to do so."

"Mr. Chairman : In response to repeated calls awhile ago 1 arose simply to offer an apology for not attempting to make a speech. I thought then lhat inasmuch as I had not yet complied with the request of the ladies who presented the pledge to me, by affixing my name thereto, that I should on Ihe occasion remain silent. But, sir, since then some things have been said which would seem to demand a reply from me. It pained me exceedingly to hear my brother of the bar, in his zeal and excitement, attempt to cast a stigma upon the many worthy members of the bar who declined to sign a certain paper, which I recognize to be in the handwriting of the gentleman, pledging themselves, in effect, not to take the cause of persons charged with violating the 'Baxter bill.' That paper was presented to me, and, for reasons entirely satisfactory to myself, I declined to sign it, and I still decline. So far as I know but two members of the bar have signed it. I hold that an attorney has the right to engage in the defense of any man, woman or child charged with a crime without being liable to just censure from any quarter. The fundamental law of the land declares that in all criminal prosecutions the accused shall have the right to be heard by himself and counsel, and that the presumption of innocence is in his favor. Sir. because a man is charged with a violation of law. be it the 'Baxter bill' or any other, it doesn't necessarily follow that he is guilty, not by any means. The only way to determine his guilt is by placing him upon trial before a tribunal competent to inquire into his case. And how shall the trial be conducted? The state furnished counsel to prosecute him. Shall he be denied the right to employ counsel in his defense? Or shall his counsel be proscribed because they see that if their client is convicted that conviction is obtained according to law. Again, can itbe said that because an attorney engaged in the defense of a man charged with a violation of the liquor law that the attorney is in favor of intemperance? I think not. As well might you say that because an attorney defends a man charged with the larceny of a horse that he is therefore in favor of horse stealing. Just as well say, sir, that if a man engages in the defense of a murderer that he is in favor of taking human life. It is not the duty of an attorney to make a defense for a man charged with a crime by suborning witnesses, misleading a court or jury as to the facts or the law of the case; but it is his duty to protect the interests of his client by all fair and honorable means and to the best of his ability. He is sworn to do this. Shall he be recreant to his oath, and thus advertise himself to the world as unworthy of the confidence of honest men ? Sir, so far as I am concerned, I have never refused the cause of a man charged with any crime, and I propose to pursue that course in the future. I conceive it to be honorable and right. As far as the temperance question is concerned, I think it is admitted by all candid men that temperance is right and intemperance ivrong. It is not necessary that I should stand here and declaim against the evils of intemperance. All men everywhere admit it to be the great foe of mankind. The veriest wretch that ever drank destruction to his own soul will tell you that his course is not to be approved or followed. No man can engage in the use of intoxicating liquor to an excess, and not finally destroy his constitution. It shatters the physical man and lays the mind in ruins, and whatever others may say, I know that no man in this audience would more heartily rejoice over the success of any plan that would stay the fearful tide of intemperance sweeping over the land, than I. And, sir, I think this is a most favorable time for the ladies to accomplish great good. No political party, as my friend. Captain Ogg, has said, is opposing their movements. Good people everywhere are wishing them success, and if they go about their work in the spirit of Christianity, love and kindness their efforts may be crowned with success. It won't do to proscribe men or treat them harshly for their views, but reason with them,, treat them kindly, convince them that it is to their interests to be sober and upright, that the good of society demands that they

Resolutions Of Respect And Condolence

It has long been the custom of the attorneys to adopt resolutions of respect and condolence upon the death of any member of the bar. The first resolutions of this nature that appear of record were adopted upon the death of George Y. Atkison.

"Whereas, the Hon. George Y. Atkison, a member of the bar of this court, and long a resident citizen of the county, at six o'clock, P. M., on the 23d day of July, 1869, departed this life,

"I move the court that a committee of three be appointed to prepare suitable preamble and resolutions in memoriam, to be spread upon the record, and that they report tomorrow morning.

This motion was seconded by D. S. Gooding, and ordered to be spread of record. The court appointed R. A. Riley, D. S. Gooding and Montgomery Marsh, a committee to prepare suitable resolutions in this behalf, and to report the same on the following morning.

The resolutions of the committee were accepted and spread on the record of the court. Since that time it has become the custom to take such action upon the death of a member of the bar or of a county officer,

The Practice

It is not the intention in the following paragraphs to attempt to indicate phases of the practice upon which lawyers have been dependent for a livelihood. No lawyer can maintain himself in the profession in this county by depending upon special lines of work such as indicated below. If he does not have at least a fairly liberal share of the general practice in the county, his experience as a lawyer will be short lived, unless he has other means of support. Frequently, however, movements are started in the county that are of particular interest to the profession because of the amount of legal work occasioned by them. It is just some of these things that are indicated below.

The cases that came up for trial during- the first few years of the court's history were very similar to the cases that are now tried before justices of the peace. Criminal cases included charges of assault and battery, affrays, gaming, gambling, etc. The grand jury on September 18, 1829, returned three indictments for assault and battery and five for affray. Twelve indictments were returned for gambling on February 25, 1838. On several occasions officers were charged with neglect of the duties of their office, and on September 1, 1830, the first divorce was granted. While little criminal cases took a part of the time of each term, there were also lesser civil actions on notes, contracts, debt, assumpsit, etc. There were very few damage suits ; in fact, a suit for the recovery of as much as five hundred dollars was not brought until after the court had been organized for several years.

Land titles were not litigated to any extent until twenty- five or thirty years after the organization of the county. In the settlement of estates of course land was sold, but there were very few partition suits and scarcely no suits to quiet title until within a decade of the Civil War. In fact, sue); litigation did not become a source of much revenue until about the time of the Civil War or a little later.

As will be noted elsewhere, a period of marked improvement began with the close of the war in the drainage of the land and building of roads. Drainage companies were organized in all parts of the county for the construction of large outlets. Turnpike companies, were also organized for the improvement of the principal highways. These lines of general improvement gave rise to numerous questions, and became fruitful sources of litigation for several years. Drainage, in fact, has ever since that time remained an important part of the practice. For a number of years the people of the county were engaged in constructing large open drains, and since the manufacture of large tile, legal work has continued in the construction of covered drains.

The proximity of Greenfield to the city of Indianapolis has for many years given the "venue business" a very important place in the history of the legal work of the county. This work has been enjoyed chiefly by the older members of the bar.

absttacts have become important phases of the lawyer's work within the la-t thirty years. The meager and carelessly constructed abstracts of twenty-five and thirty years ago will no longer pass the scrutiny of the present-day lawyer. Technicalities are assuming such importance that the examining lawyer hardly knows where to draw the line to protect his client against having the abstract "turned down" by some one else, in case he wishes to sell the land in the future. The examining lawyer may know full well that the technical defect cannot possibly jeopardize the title. Yet he does not know how reasonable or unreasonable the next examiner will be. Certainly he does not want to have it appear at some future time that he was ignorant of the technical defect, and on the other hand he wants to protect his client against any possible unreasonableness of another attorney who may pass upon the title. Hence, the tendency is growing among lawyers of requiring abstracts to be free from all defects, whether serious or merely technical, before they recommend the title.

Collections, which formerly constituted an important feature of the lawyer's work, have now been taken over in large measure by the banks. This is especially true of collections on promissory notes.

- In some localities trust companies are also taking over much of the probate business. This is not true, however, in Hancock county. Probate matters have always constituted a very important part of the lawyer's workin this county.

A Retrospective View

The majority of attorneys admitted during the first years of the county's history were Indianapolis attorneys. Others whose names appear upon the roll came from Noblesville, Shelbyville, Richmond and Muncie. "Circuit riders" followed the judge from court to court in the judicial circuit. Calvin Fletcher, Ovid Butler and the Browns were Indianapolis attorneys. James B. Ray and Abram Hammond, both of Indianapolis, transacted quite a large amount of legal business before the court in its early history. Both of these men later became governor of Indiana. The appearance of Christian Nave and William Quarles is noted in many cases. Ouarles, especially, attended many terms of court. He was from Indianapolis.

Thomas D. Walpole was first resident attorney who grew into prominence. He had a checkered career as an attorney and politician. Shortly before the Civil War he removed to Indianapolis. While in Greenfield he lived in the property now occupied by Dr. Edward Howard, just east of the New building.

George W. Julian lived in Greenfield for several years. He came from Wayne county and later returned to that county. He was rather a prominent attorney and served a term or two in Congress.

The names of D. M. C. Lane. Reuben A. Riley, James Rutherford and David S. Gooding were added to the list of local attorneys during the forties. Lane's name appears in the record frequently for several years, but he does not seem to have attained any special distinction at the bar. James Rutherford was in turn, county school examiner, clerk of the court, and practicing attorney. He is said to have been a very scholarly man, but he became dissipated and his life was cut short. Reuben A. Riley was a practitioner for almost half a century. He and Rutherford were partners for a short time about 1848. Several of the younger men read law in his office, and later he and William R. Hough were partners for a time. Mr. Riley was not only an able, conscientious lawyer, but he took a general interest in public affairs. Some of his poems and speeches that still remain in print show him to have been gifted along several lines. David S. Gooding was a successful trial lawyer, but he gave a great deal of attention to politics. He possessed a good presence, was an able speaker, and for a time had a remarkble influence in the county.

During the fifties James L. Mason, Montgomery Marsh, Lemuel W. Gooding, William R. West, David VanLaningham, William R. Hough and George Y. Atkison were added to the number of local attorneys. James L. Mason became a prominent Democrat during the war, and built up a lucrative practice during that time. A number of later attorneys read law in his office. He came from Union county and taught school in Greenfield for several terms. Montgomery Marsh possessed rather limited attainments as an attorney, but took an active interest in public affairs, and especially in politics. Lemuel Gooding served one term as county recorder, also one term as district attorney, in which he was very successful. He and his brother, David S., were partners for a time, but David seems to have been in politics so much that Lemuel hung out a shingle of his own. When the temperance fights came on in 1859, and following, David VanLaningham usually represented the liquor interests, and Reuben A. Riley the remonstrators. William R. Hough came prominently into the practice during the Civil War. Gooding was in politics, Riley was at the front, and this left the legal field very largely to Hough and James L. Mason. The record of these years attests t'ie fact that Mr. Hough was an unusually successful lawyer. In following matters up in the circuit court or before the county commissioners, one almost develops the habit of expecting to see the cause he represented successful.

Judge West served one term as county recorder. The commissioners' records, as well as the court records, show that for a time he had a pretty fair practice. George Y. Atkison was a farmer and a man of general affairs. He was a' man of unusual influence in the county, but he scarcely ever fought his legal battles alone.

Just about the time of the Civil War, David Moss, of Noblesville, had a large practice in this court. Martin M. Ray, of Shelbyville, Walter March, of Muncie, and John L. Ketcham, father of William Ketcham, of Indiana, were also quite frequently in court.

Following the Civil War Adams L. Ogg opened a law office in Greenfield, but practically all of his time was given to the prosecution of pension claims of the soldiers. He was very successful in the work, and procured more pensions for his comrades, likely, than were procured by any other attorney at the bar. He also procured some of the largest pensions that were awarded to the soldiers of this county.

Within a few years after the Civil W'ar Augustus W. Hough, Charles G. Offutt, Hamilton J. Dunbar and James A. New entered the profession. Dunbar and New were both men of exceptional ability, but both died comparatively young. Charles G. Offutt became one of the best known attorneys at the bar. He was tall and portly, had a good presence, a strong personality, a clear, fine voice, and was gifted with a rare quality of eloquence. Tt was said by opposing counsel that in the trial of a cause he was able to discern quickly any weakness in his adversary's case, and the strong points in his own; that he was able to seize upon these things and throw them in such a light before juries that it always made him a formidable opponent. As a young lawyer Mr. Offutt counselled with Judge Buckles on important matters. For several years his card in the local papers announced that Judge Buckles would be associated with him in the trial of all important causes.

Ephraim Marsh. William WTard Cook, William H. Martin and R. A. Black entered the practice during the seventies. Marsh & Cook formed a partnership soon after Mr. Marsh's retirement from the clerk's office. Their talents were complementary. Mr. Marsh was an exceedingly close and diligent student of the law, while Mr. Cook was preeminently a trial lawyer. For several years immediately following the gas boom in the county they probably transacted a larger volume of legal business than has ever been transacted by any firm in the same length of time in Greenfield. After the death of Mr. Marsh, Mr. Cook remained as the last of the older trial lawyers. He had fought many a legal battle, and everybody knew him to be the peer of any advocate who entered the forum of justice. For several years he remained in the practice honored and respected practically as the dean of the Hancock bar. R. A. Black and Charles G. Offutt were partners for many years before Mr. Offutt was elected to the bench. William H. Martin and Mr. Offutt were partners for several years after Mr. Offutt's service on the bench.

Following are the attorneys engaged in the practice as shown by the bar docket, September term, 191 5: Edward F. Quigley, *John F. Wiggins, *A. C. VanDuyn, * Robert Williamson, *Charles H. Cook, *John B. Hinchman, *Robert F. Reeves, *S. A. Wray, *Omer S. Jackson, *Samuel J. Offutt, * William A. Hughes, H. Seger Slifer, *John F. Eagan, Herbert M. Kelley, * Edward Eikman, *Elden A. Robb, *Edwin T. Glascock, *Charles L. Tindall, John Lockridge, * James F. Reed *W. R. Hough, *Vinton A. Smith, William P. Bidgood, Chalmer Schlosser, Chauncey W. Duncan, C. W. Morrison, Ora Myers, *Robert L. Mason, Louis A. Browne, *Jonas P. Walker, *Earl Sample, *William A. Hough, Jesse Sanford, Sylvester Meek, * George T. Tindall, John M. Hall, *Charles Downing, *Elmer T. Swope, *George J. Richman, R. I. Marsh, *Paul F. Binford, *William E. Bussell, Moses C. Wood.

Side Lights

Our lawyers are not all limited in their accomplishments to being able practitioners at the bar. Judge Sample, who is now on the bench, is versed in literature only less, possibly, than he is in the law. The Judge is familiar with the poets from antiquity to the present, and can quote their lines by hours to the delight of listeners.

William A. Hough is an inimitable reader. He can read Riley better than anybody - unless, perhaps, it is Riley himself. Will does not have to depend upon borrowed verses either. In a leisure hour he will write his own lines - and by the way, his songs of years ago were, sold in editions.

Robert Williamson has been a Sunday school teacher at the Presbyterian Sunday school for a number of years. He is original as a Bible student, and lias an exegetical manuscript, which he may at some time publish in book form. The Bible is an interesting book to Robert, and in his unique way he speaks with authority on its message.

Samuel J. Offutt is a violinist, but not of the ragtime, hoe-down type. Sam's violin is resonant with the strains of the masters and he plays them in a manner to please the most fastidious.

ter of Scotch dialect can recite them. For the enjoyment of his perfect rendering of the lines of the Scottish bard, the bar probably owes a little debt of gratitude to the McDougals of Brandywine township. Whatever in human life is touched upon in conversation, Jim can always illustrate the point to the delight of his fellows with a few lines from Burns.

Others of the brethren entertain no aspirations toward poetry or music, but they enjoy a day off for a hunt, or a week or two for a fishing trip. When they return they spin out yarns of the catch that uphold in a substantial manner the traditions of the profession.