Howard County, Indiana - The whole text, 1909 (part 7 of 9)
From History of Howard County, Indiana, published 1909. 15,991 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
18 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Arrest Of Counterfeiters
- New London By Otis C. Pollard
- The Railroad
- Trading Centers
- Exciting Times
- The Free Soil Supporters
- The Abolitionists
- First Medical Society
- Bench And Bar By Otis C. Pollard
- Pay Of Petit Jurors
- Meager Legal Business
- Judges Long And Ervin
- A Log Courthouse
- Leading Pioneer Lawyers
- For Contempt Of Court
- A Strange Character
- Judge Biddle
- Walked In His Sleep
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,991 wordsMachine-read from scans of History of Howard County, Indiana, published 1909. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
city was lighted by tlie street corner gas lamps, turned out at full moon, even though that did not in fact exist, predicted, however, by the almanac, which go\-erned. Succeeding natural gas as a city illuminant was electricity. Another important municipal auxiliary was the water works plant. Its installation was conscientiously opposed upon the ground that the city was too small to demand so important an improvement at the time and too poor to bear the financial burden of its installation, but no one anticipated the growth of the city, due to natural gas. What might have proven a calamity, according to the honest predictions of its opponents, proved a blessing, when the city grew to proportions surpassing the wildest dreams. In time the volunteer fire department, which included the leading citizens of the city, gave way to a paid fire department. But the old volunteer department, of which D. L. Duke and H. M. Cooper were conspicuous members, with a score of other devoted citizens, deserves a prominent place in the memory of posterity. A letter written by M. M.' Pomeroy. of La Crosse. Wis.. ]\Iay 2/. 1871, and appearing in the Kokomo Democrat June 29, gives a good idea of Kokomo in that period. His letter is abbreviated : liquors are sold. * * * But little demand for officers, jails and poor houses. * * * The county jail is not much of an affair, nor is it well patronized. * * * Prominent among her educational institutions stands Howard College, whose able and popular president, M. B. Hopkins, has e\-er lieen a bright example, and earnest worker, in the thankless field of education and imparting knowledge. Besides the college named, are several fine schools, with four new school houses soon to be built.
"The finest church in the place is the edifice belonging to the Methodist Episcopal Society, which society is the largest and most prosperous in Kokomo. Xext in order comes the Christian Society, the Presbyterian, Congregational, the Friends, or Quakers, and the CathoHcs - six societies in all. 'Die spirituaHsts have a society here and hold Sunday picnic meetings in the grove, near the fair grcnmds, just out of the city, where their religious exercises are noted for social enjoyment and liberality of belief and expression.
"The Howard county fair grounds are better than the average, and enclose a veiy fine half-mile trotting track, whereon fast horses compete with each other, for agricultural premiums.
"The principal water course here is Wildcat creek, a reckless, meandering stream, almost large enough to be called a river. It is too shallow for navigation and too even tenored to be dammed much, so it is not used for manufacturing to any extent. The stream is good for fishing.
"The streets of Kokomo are being rapidly macadamized. Some years ag'o T. C. Philips and friends hired laborers, and, searching tor stone, finally discovered a quarry near the cit}'. The great staple is black walnut timber. The wealth from this commodity exceeds that derived from the sale of all the grain. The lumber is sent toeastern cities, bringing from forty to fifty dollars a thousand feet.
"There are six large dry goods stores, twenty-one grocery stores, six boot and shoe stores, five drug stores, three stnve and tin stores, three good hardware stores, five millinery establisliments and numerous smaller stores. There is a good foundry and four wood planing establishments.
Arrest Of Counterfeiters
r}' Homer. Sam Rivers and Ed Wilson, citizens wherever their hats were off, by an United States secret service officer, upon the charge of counterfeiting. The Lang homestead was about two miles southeast of the city and had been a regular headquarters for these congenial spirits. A detective giving the name of Baker arrived in Kokomo a few months before the arrest of the Lang gang was consummated. He entered into the confidence of the Kokomo. city officials, and then hired out to the Langs, ostensibly as a farm hand. His real identity was never suspicioned and he entered into various night enterprises with them, and soon gained their complete confidence. His assistant, in an important sense, was Charles Bechtel, town marshal of Kokomo, who was shrewd in his maneuvres. Baker finally decoyed Frank Lang tcy Cleveland. Ohio, where they were to undertake a safe blowing expedition. Baker representing that he knew an expert safe blower in that city. Both Lang and the detective were placed under arrest, but of course. Baker was soon released. About eight thousand dollars, all bogus money, was secured from the gang. Some three hundred or four hundred dollars counterfeit money was found secreted about the premises. In a tin can was two hundred dollars of the "queer" and thirty rings dug up on Sunday from the garden of the Lang home by Mr. Bechtel. The detective discovered one hundred and twenty dollars of bogus money hidden beneath the shingles of the roof of the house. One hundred dollars of counterfeit money of denomination of ten dollars was found on the person of Frank Lang when arrested. James Lang, father of the Lang boys, sickened and died soon after his arrest, and was never brought to trial, but the Lang brothers served penitentiaiy sentences. The exposure of the gang brought forth from the Democrat an editorial which reflects the excited state of mind of the Kokomo public at that time: "Since the arrests many foolish remarks have been made, and much fooHsh gossip has been indulged in. Reports to the effect that quite a number more are to be arrested ; that thirty, or forty were implicated in this city and county ; that this prominent professional man and that prominent business man was implicated, etc., is all wrong, all foolish, all incorrect, and we fear much of its wicked and malicious insinuations, mean hints and dirty intimations, are too frequent on and against the fair fame and good name of some of our most prominent citizens. The end of all this will be the putting on of a head or two. We know of what we write, and now advise those interested to take due notice of the same. If the detectives suspicioned any one else the}- are certainly too smart to g'ive intimation of it to any one. And the retail gossipers of this city will do well to look to their own cases, and cease to cast vile suspicions on their neighbors. Even' good citizen desires to see all evil doers brought to justice, but no good and much evil will result from the vile aspersions cast against prominent men and ladies in this city. A hint to the wise, etc."
The Mohlan gang-, the Lang gang, are but memories. Kokomo is now a leading commercial center of Indiana, characterized by a policy of law and order, a sound moral order and commercial progress.
New London By Otis C. Pollard
The history of New London is the history in chief of Howard county during the forties. The county was then known as Richardville, being named after a prominent member of the Miami tribe of Indians.
Xew London was the chief seat of commercial importance, and of intellectual progress to be found within the confines of what later became known as Howard county. It was the center of the free soil movement, supported the first newspaper printed in Howard county, and its people were fully abreast of the times. As a commercial point it was promising. It had varied industries, operated with profit, and as a trading center was in the first class. The original plat of the town was laid oft" by John Lamb, March 13, 1845, the survey being made by Austin C. Sheets, surveyor of Richardville county, consisting of twelve lots, sixty-six by one hundred and thirty-two feet, bounded by Main street upon the west. High street upon the North, Market street on the east, and below Mill street. Mr. Lamb also had lots.
His example in town building was emulated by others, and on June 25, 1845, Reuben Edgerton submitted a plat of lots, west of the original plat of Mr. Lamb. These lots started west of Main street, were bounded on the west by Peru street, and the north and south boundaries followed on the same general boundaries as the original plat, an intersecting street being Church street. The third and fourth additions to the town were by Mr. Edgerton. who laid ofif his second addition. May 13, 1846, and Isaac W. Johnson, who added thirty lots to the town, December 22, 1848.
The most pretentious addition to Xew London was that made by Dr. Moses R. Wickersham, Februan- 8, 1849. The most of it lay east of Main street, which is today the dividing line of the town. Dr. Wickersham was one of those who had implicit faith in New London becoming the county seat of Howard coimty. an e.xpectation destined to be disappointed. Dr. ^^'ickersham laid oft' a public sc|uare. one hundred and thirty-two by one hundred and thirty-two feet, occupied today by an Adventist church, and a seminary square one hundred and two bv one hundred and four feet. In announc- ing the opening of his addition in tlie Pioneer Dr. ^Vickersham said: "There is located in the center of the plat a public square, or park, on a delightful and elevated eminence, entirely surrounded by streets and avenues. Also a large area of ground situated in a beautiful grove, adjoining said lots, enclosed by an avenue of forty feet intersected by streets, from the four quarters of the compass, upon which there is to be built the coming season, a public seminary, the building to be forty feet by thirtj'-six feet, two stories high-, completely finished off, for the accomodation of a high school. There will be commenced in the spring, a large four-story merchant mill, adjoining the town. The water power in and adjoining the village is inexhaustible, the second to none in the state. No section of the West offers stronger inducements to mechanics of all trades than New London."
On November 29, 1848, the Pioneer said editoriahy: "Three years and a half ago, the plat upon which the village of New London now stands was an unbroken forest. Now there are four large dry goods stores, blacksmiths, cabinet joiners, shoemakers, two tanneries, tailors, etc., seven or eight saw and grist mills in the immediate neighborhood of the town. There are woolen factories, turning lathes, all propelled by water power and a fair prospect of a larger amount of improvement next season than of any previous one. We counted nearly fifty good houses now commenced."
The Railroad
New London was a chief center in the Miami reserve rapidly being settled. The Indiana State Sentinel said on November 29, 1848, of the reserve: "Mostly in consequences of the location of the Indianapolis & Peru Railroad, now under contract from Indianapolis to Noblesville, which passes directly through the center of the reserve, both Tipton and Kokomo being points, and also the near approach of the Indianapohs «& Bellefotmtaine Railroad to the eastern part of the resene, a part of which road, commencing at Indianapolis, is also under contract. lands are being sold rapidly in the Miami resen-e. The Miami Indians for many years held on to these lands as with a dying grasp, and until the balance of the country had been sold out, and settled all around them. The\- are now sold at two dollars per acre. But veiy little of the reserve has been sold upon speculation, and the pre-emption law under which a large portion of the reserve was sold to actual settlers makes a large part of it already a thickly settled country. The largest bodies of vacant lands are nearest to the two railroad routes above mentioned. The receiver of public monies at Indianapolis said that for the present month the sale a\-eraged nearly two thousand dollars a day."
Xew London was incorporated by an act of the legislature approved February 12, 1848. By the provisions of this act the north boundary line was to be one-fourth of a mile north, and parallel to Mill street, the south line to be one-fourth of a mile south and parallel to the same street, the east line the same distance east and the west line the same distance west, both likewise parallel to Main street. It was stipulated that the election for trustees should be held within one month after the ist Monday in March, 1848, and it was made lawful for the voters of Monroe township to elect a justice of the peace and a constable, in addition to those already authorized by law. the election being set for the ist Monday in April, 1848.
In its issue of January 31, 1849, the Pioneer said: "The county commissioners at their December tenn authorized the incorporation of New London, under the statute empowering the electors to hold an election, December 30. 1848. Trustees were selected as follows : First ward, M. R. Wickersham ; second ward, David Rees; third ward, Richard Nixon; fourth ward, Isam Hunt; fifth ward, Jehu Wickersham. These tnistees held an election January 1 8, 1849, electing- the following officers: president, Isam Hunt; clerk, T. P. Albertson ; assessor, James Harbert; collector, William Black.
The newly incorporated village had laws very interesting, contrasted with the legal regulations of the present day. The owner of any hog, shoat or chicken, suffering any one of the descriptions enumerated, to run at large, was liable to a fine of five to twentyfive cents a day. A fine of seventy-five cents a day was imposed upon any person for allowing a wagon, cart, sled or buggy, or a rick of wood, to obstruct the side walks, as long as twenty-four hours. In that period of time wood was plentiful and was ricked in long and high piles for use during the winter.
The by-laws of the new town specified a fine of twenty dollars upon any one guilty of assault and battery. There was a fine of three doUai-s for each offense of employing vulgar language, for each unlawful sale of liquor, for running a horse, or any other animal across any public thoroughfare; a fine not to be less than one dollar under any circumstances.
For all exhibitions of wax figures, circus exhibitions, painting displays of rope, or wire dancing, theatrical exhibitions, sleight of hand performances, ventriloquist entertainments, or other shows, there was levied a license fee of two dollars to ten dollars a day.
It was specified in law that every male citizen over the age of twenty-one years living within the corporation should pay fifty cents upon each one hundred dollars which he might own in the form of real estate, and sixteen cents upon each one hundred dollars of which he might be the owner in personal property.
The assessor of the town was to receive for his labors seventyfive cents a day. the clerk twelve and one-half cents for each license he issued, and also two cents for each hundred words he recorded. The collector was allowed two per cent, on all monies collected. Licjuor licenses were one hundred and fifty dollars per annum, almost a prohibitory fee in that day.
In truth the wood pile question was an obtrusive one in the village of New London, as it was also at Kokomo at a later date. On November 4, 1848, the Pioneer said: "The idea has been suggested to us by a stranger passing over our streets the other day. that our village would lose nothing in the way of taste, neatness and beauty, if the walkways were unimcumbered by some large wood piles that have established themselves in various parts of town, also buggies, etc., that have placed themselves (doubtless without the consent of their owners) on the sidewalks, so that pedestrians have to pass almost to the middle of the streets to get by them."
A better description of the town of New London, its commercial activity, and its village life, is not be found than that contained in a letter written by a visitor in the village and published in the Pioneer, August 18, 1848.
"Near the northwestern boundar\-, the two branches of Honey creek come together, previous to which they wind gracefully around the town, forming, wnth the exception of one side, an island. But unlike most islands, the town is located upon an eminence, about one hundred feet above the creeks. On the west side is a saw mill, having a water fall of some twenty feet, which, from the piles of lumber around it, gave evidence of doing good execution. Above this, within a distance of two miles, are three other mills and factories. Below the saw mill a few hundred yards, and a short distance above where the two streams come together, is a fine flour- ing mill, so arranged as to use the water of both streams, and affording an abundance of water, with an excellent fall. Below this mill a short distance is another mill, and water privilege where a merchant mill is being erected. The commencement of a tannery at the bottom of the hill, on the north side of the town, has been started, which is a good situation, the water being led down a ravine a short distance but with little trouble from a splendid spring near the Friends' meeting house, on the top of the hill, and affording a great abundance of water. Passing up the creek a short distance there is a turning lathe and other machinery propelled by water, with a fall of thirty feet. A short distance above this, and immediately adjoining the town on the road, is another flouring mill with an overshot fall of some eighteen or twenty feet. Above this mill a short distance are two other water powers occupied by mills and machinery. These branches of water fed by springs afford an abundance of water throughout the year. These water privileges have all been improved at a comparatively trifling expense. Near the last mill I mentioned, a bathing establishment is being erected, on the water cure principle, there being a monthly publication devoted to that object printed in this place. This is a town on the late Miami reserve, about seven miles east of the Michigan road, situated in the midst of a fertile and rolling country that would do good to the eyes of a New England Yankee to look upon after toiling over the Michigan road, which, from one end to the other, with few exceptions, affords a poor specimen of Indiana. I need not tell you that New London, which has been in existence a short time, and already numbering some two or three hundred inhabitants, will be a great manufacturing town. There are other villages in the reserve, which I am told, are springing up like magic. I spent yesterday, it being the Sabbath, in this place, and attended public worship at the Friends' meeting house. There was a full congregation and after a silence for a time so impressive, after the spirituality of their worship is considered, one of their speakers arose and made a short and impressive address. The ceremony of shaking hands took place and the assemblage dispersed. A majority of the citizens of this town will support Mr. Van Buren for President, and I was greatly amused during my visit to see Whigs and Democrats making common cause in argument against the supporters of Mr. Van Buren. I, being a Cass Democrat, and the union being so much unlike anything" I had ever seen before, I took very little part in politics during my visit. I was pleased to learn that the Cass men would stand firm, ]Mr. Van Buren's nomination to the contrary, notwithstanding. In this place there is already a division of the Sons of Temperance, and a Masonic lodge."
Trading Centers
Burlington, on the west, was a trading point sustaining large commercial relations with Xew London, and thus H(jward countv. Logansport, Lafayette and Cincinnati were trading centers for the population of the county also. Xew London became an important live stock market.
In December, 1848, the Pioneer admonishes merchants of Cincinnati, Madison. Indianapolis, Lafayette, Delphi, Logansport and Peru that it was to their interest to advertise in the columns of the Pioneer to extend their trade. E. M. ^^"eaver, of Lafayette, became a continuous and heavy advertiser.
Richard and Zimri Nixon were pioneer merchants in Xew London. Hubbard & Moss operated a cabinet ware room. Thomas Lightfoot and Clinton Gray conducted a gun and blacksmith shop. William Gifford devoted his efforts to blacksmithing. J. Lamb & Thompson having completed their large and spacious store room.
advertised a large stock of summer goods, expressly for the market, and stated that they desired to buy one hundred head of yearlings and two 3'ear old cattle, for which part goods and part cash would be paid. At the "Old Stand," the Nixons advertised that they had every article to be found in a country store, all of which they were selling low for cash and country produce. A. C. Black & Company, conducting a boot and shoe shop, informed the public : "We will try to accomodate, both in working our own leather, or working the leather of our customers, ^^'e expect to keep a small lot of shoes and boots on hand the coming- fall, which we intend to sell cheap for cash." T. J. Faulkner, a leading- citizen, became the successor of Barritt & Company, a firm which comprised J. J. Barritt, C. O. Fiw and Patrick Costlow. Merchant & Blackburn were merchant tailors, but later. J. B. ^Merchant bought out his partner, T. Blackburn. Peak & Schooley did cabinet work. The Cincinnati stdre at E. Whitson's old stand entered the market for four hundred deer skins, and one thousanil fur skins, one thousand bushels of wheat, four hundred pounds of butter, four hundred pounds of flax seed and two hundred dozen of eggs. This establishment was conducted by H. G. Robertson & Company. Rees & Company were owners of the Philadelphia store opposite the Black Horse tavem. A. S. Ellis was also a merchant tailor. J- ^^'- Jefferies owned the Farmers' store. L. Brackney opened a blacksmith shop after the death of William Gifford. There was quite a commercial stir in New London when a market was opened in the town and advertisement made for five thousand bushels of ashes, field or house ashes, at five cents a pound, which were to be utilized in an ashery. Lindley & Whin sold stoves, tin ware and stone ware. In 1849 Rees & Company paid seventy-five cents a bushel fur wheat. Moses Cromwell afifected a competition by starting a store at his grist and saw mill, established upon the Wild Cat creek, midway between Kokomo and New London. Cromwell was a characteristic Kentuckian, and figures intei-estingly in the pioneer history of New London and the early courts of the county. Li the millingentei-prise he had associated with him his brother, James Cromwell. Finally Adam Harvey, a pioneer blacksmith of the county, established a shop at the Cromwell mill. Har^^ey had driven through from Ohio with an ox team, which he later traded to a resident of Eastern Howard for his blacksmith tools.
In June, 1849, the London hotel was opened in New London at the comer of Mill and Church streets by E. Whitson, a landlord described as possessing suavity of manner, courtesy, hospitality, being jolly and also good-looking. His stables were large and well filled with hay, oats and com, while his house was ain- and well furnished with everything to make the traveler feel at home, and his table furnished forth with everything necessary to make glad the heart of man. ^^^lat was known as the Black Horse tavem in the early days of New London was conducted by James Harbett.
The Friends in New London in the early history of the village exerted a leading influence in religious, educational and intellectual aftairs. The "meeting house" was the chief center of public life. This structure in its day was one of the most notable buildings in the county. It was large and commodious, and constructed with special reference to the demands of the worshipers of that religion. The edifice was provided with a curtain partition by means of which the men and women could hold their separate meetings in absolute secrecy. When religious services were in progress the men sat upon one side of the church, wearing their hats, and the women occupied the other side of the church, wearing their bonnets. \Mien prayer was offered the congregation arose, but remained covered and turned their backs upon the preacher. The latter never received a salary, but if he needed aught, was always cared for by his parishioners. The Friends of New London in an early day dressed in the Wilham Penn style, the men conspicuous with their broad brimmed hats and collarless coats. Upon the occasion of the midweek meeting, invariably held at 1 1 o'clock each Wednesday morning, the housewife laid aside the dish pan and the man quit the harvest field to go to devotions, which lasted an hour.
Consequent upon its religious life, and its advanced stand upon moral and intellectual matters, New London was a storm center of the slavei-y question. The Pioneer, an able paper, published in this promising village, stood square-toed for the free soil principles. It was edited by an able, courageous and well educated man, who made the influence of his paper widely felt.
With the Friend the fugitive slave law was an "ungodly law." He felt that he was under no moral obligation to enforce it, or assist in its execution. In fact, he felt that his religious duty was to oppose it, might and main, so long as he did not fall within its toils.
A case typical of the feelings of the Friends of New London is presented in the experience of Thomas Rich, father of Levi P. Rich, former councilman of Kokomo. Mr. Rich, the older, lived east of New London, and on his way to church one Sunday morning in October, 1856, passed the home of Thomas Roberts, a well known colored man of New London, and received certain mysterious signs which he well understood. He directed his family and hired man to proceed to church, and himself remained behind to learn of the negro what he wanted. He explained that he had seven run-away slaves upon his hands and he was at a loss to know what to do with them. Mr. Rich tnld him to care for them carefully, and to discreetly let it be known that he purposed to conduct them to the Deer creek settlement, presumably in Ervin town- ship. Tlie negro settlement in that locahty was known Ijy that name at that time. However, it was secretly arranged that while Roberts was upon his way to the Howard county settlement, he should switch. oi¥ from the usual route and approach the residence of Mr. Rich with his fugitives, which he did.
Mr. Rich had informed his son, Levi, and hired man, to have his team hitched up by 8 o'clock, with everything in good condition, the curtain covering of the wagon tightly drawn and the sideboards on, as well as the wagon bed well filled with straw. All this was accomplished, the seven men secreted in the straw, and, by night, ]\Ir. Rich, the elder, dro\-e the fugitives through to Deer creek. Grant county. Later sla\-e owners in hunt of the escaped negroes, made their appearance in Xew London and were guided to the Deer creek settlement in Howard county and everybody there was honestly in ignorance of the slaves they were seeking, and finally the slave hunters gave up the contest, little suspecting the actual truth. \\'ith the history of Central Indiana there was not a more active and intelligently conducted under ground railroad station than that which was to be found at New London.
It was in 1871 that Mr. Rich, walking upon the streets of Ft. Wayne as a stranger, was approached by a negro, with a grin spreading from ear to ear. Mr. Rich was always abru]n and to the point and in respon^'e to repeated inquiries from the colored man it develciped that the negro talking to him was one of the se\-en "darkies" that Rich had hauled into Grant county. The negro told him that all seven had made their way to Canada, where they remained until the outbreak of the Civil war, when five of their number shouldered arms against their old masters.
Exciting Times
colored woman and her two children. A few years before the woman had been a slave in Kentnck}', but, coming to New London, children had been born to her. By the law, the children were slaves, as well as herself. After several years' absence from slavei-y in Kentucky the owners of the woman came after her, claiming her children. The demand presented in Xew Londijn awakened the wildest excitement, and roused to a pitch of fury the abolitionist sentiment which was then in the ascendency.
The negro woman and her children were arrested and brought before a civil magistrate. The underground railway clans were in readiness for aught which consummated their undertakings. One of the children escaped by changing clothes with another colored child, and while the mother was attempting to cross the creek upon a foot log she was seized upon by INIoses Cromwell, a radical Kentuckian and pro-slavery man, and a well known pioneer of the county. While he pulled upon one side of the slave, Richard Nixon, the typical Friend of the village, tugged away at the i>ther arm. Cromwell was raw-boned, athletic and noted as a scrapper, but the eyes of the "Quaker" flashed and he dared Cromwell to walk over to his side of the log. Finally Cromwell desisted and gave up the negro woman to Nixon's grasp, and went away. The justice of the peace, before whom was the case for the recover}' of the woman and children, said that under the law, although an opponent of slaveiy himself and a hater of it, he was powerless. He set the trial for a future date, and in the meantime the entire colored family was spirited away to Canada.
It was natural that the Free Soil principles should have an ascendancy in New London, but it was some time before they triumphed completely.
In November, 1848, the result of the elections in Howard county were announced in the columns of the Pioneer. They were as follows: Cass, 355, Taylor, 275, Van Buren, 152.
In 1849 the campaign in the county waxed hot. For the legislature Thomas. S. Shepard, a notable pioneer, was the nominee of the Democrats, while C. D. Murray, espoused the cause of the Whigs. Each candidate was at great pains to explain precisely to the electorate his position upon the "burning issue of the hour," the slave question.
Joseph E. ]MeDonald was a candidate for congress the next year and spoke in New London in July, 1849. -"^ state election was held in that year upon the first Monday in August.
New London at that time was operating under an apprentice law of the state, which bore not a few analogies to bondage. A curious advertisement is presen'ed in the columns of the Pioneer of July 4, 1849:
"Ran away - from the subscriber, living about two miles east of Burlington, in Howard county, Indiana, a bound girl, by the name of Margaret Blaney. Said Margaret left my residence on the 9th of June, without any due cause or provocation; she is about fourteen years of age, of rather dark complexion, and dark colored hair. I hereby offer the above reward - with no thanks - to any person returning her to me; and also forewarn all persons from trusting, or harboring" her, or incurring any expense whatever by her, on my account, for I will not be accountable to any. June 13, 1849. Absolom Hollingsworth."
The first paper printed in Howard county was "The Pioneer", pubHshed at New London, A\'ednesday of each week. Dr. Moses R. W'ickersham was editor and founder of the pubhcation, which had its office in the Ha^xorth buildings. The name of Pioneer was an appropriate one.
The Pioneer, first in the newspaper field, consisted of four pages, five columns to the page, witli a very attractive and tasteful dress, the type being of a size suitable for readers of all ages. The paper was well printed, and copies in existence sixty years after the date of the establishment of the Pioneer look as bright and fresh as if just from the press.
With the sixteenth issue R. A. Mills and A. ^^'ickersham became the printers of the paper which maintained the excellence of its typographical appearance. The subscription of the Pioneer was one dollar and fifty cents a year in advance. Its ad\-ertising rate was seventy-five cents a scjuare, twelve lines to the square, f(.)r a single insertion, a discount being given for three insertions, the rate for which was one dollar, twenty cents being added for each subsequent insertion. No advertisement less than a square was considered.
The Pioneer had now become ambitious for foreign subscribers and in Januaiy, 1849, announces V. B. Palmer as the authorized agent of the publication for the cities of New York, Philadelphia and Boston.
So far as known the first issue of the Pioneer is not now in existence. The third paper printed was July 26, 1848. In this number Dr. ^^'ickersham issues his prospectus, which no donlit, in the hurry of issuing the preceeding numbers of the paper, he had not had leisure to prepare. Editor Wickersham announced to his readers that, "The publication of the Pioneer was commenced without a single subscriber, confidently believing that a liberal and discern- ing public would sustain us in the enterprise. We now have positi\'e assurances that we were not mistaken. Already our list has run up into the hundreds and daily increasing. All parties have taken a lively interest in sustaining a paper published in their own county, for which they have our hearty thanks. Our only ambition is to furnish a good, moral, family newspaper, such as all may receive into their families without a fear of finding anything in its columns that will have the slighest tendency to inculcate into the minds of the young sentiments of immoral tendency. All the selections will be made from exchanges occupying a high moral position in society, having for their object the improvement of the mind, together with a summary of all the news of the day."
Editor Wickersham was true to his promise. A finely educated man for his day, and a constant reader, his literan,' taste was discriminating" and nice. The third issue of the Pioneer contains articles relative to "Cruelty to Animals," "Children Should be Kind," "Power of Mother's Name," "A Boy Adopted by a Wolf," "Temperance," "He Has Enemies," "Speak no 111." A serial story is started, taken from the Connecticut Fountain, written by Mason Hodges, and entitled, "A Tale of Our Village." By S. C. Merrigate. Chapter i - The Cotter's Saturday night. Chapter H - The Grog Seller's Saturday night. Each issue of the Pioneer invariably contained one or two poems.
Before the fifties information of the leading news events of Europe was brought by steamers arriving from foreign ports. The Pioneer of July 26, 1848, contains a clipping from the Cincinnati Gazette. It details the arrival of the steamship Niagara. There had been a terrible conflict in Paris with a terrific loss of life. The Lombard army in Austria had been defeated. The Chartist movement had started in Spain and there were revolutionary movements in Ireland. The foreign sen-ice of the Pioneer was complete and regular.
"Three thousand nine hundred and sixty-seven emigrants arhnes. There was no pubHcation of bloody crimes and the details of the evil things of life, nor did the charge lie against editor Wickersham that he prompted by suggestion the consummation of the deeds published. His news service was careful, and even a casualty was dismissed with a few lines of which the following excerpt is a g-ood example. Sad Casualty - A young man by the name of Miller, near Rossville, Clinton county, Indiana, was thrown from his horse last Sunday and died in a few hours.
Three thousand nine hundred and sixty-seven emigrants arrived in New York in one day from Europe. They are of the better class, many of them having considerable property, which is in specie."
Editor Wickersham had his share of troubles. In the fourth issue of his paper he states that, "From the crowd of business last week, we were unable to get the Pioneer out. Having taken a fresh start we shall try to issue the paper regularly hence forward." Imagine an explanation of this character in a metropolitan daily. The readers are also told in this issue that, "The editor left home for the Buffalo convention on Wednesday of last week, hence the scarcity of editorial matter in this week's issue."
But editor Wickersham was not justly to be held to an account too strict. His subscriptions were not all in cash. He had said in his paper, "For the accommodation of farmers we will take all kinds of produce that will command a market either here or abroad."
The Pioneer was established to promulgate the Free Soil prin-- ciples. The fourth issue contained a lengthy report of the state convention at Indianapolis, and the fifth issue was delayed beyond its usual day of publication to present the proceedings of the Buffalo convention, spoken of as a "great movement of the people." Editor ^^'ickersham explains that, "Its length excludes much matter that was designed for this paper, but knowing the anxiety of our readers to see the action of the convention, we thought proper to delay the publication of the paper until the whole could be placed before the public. If we find space we may publish some of the speeches hereafter."
The result of the elections throughout the state also appear in this issue. In the fourth number of the Pioneer, the readers had been told, "^\'e have not yet received the official returns of the election, but learn, however, that Blakemore, the Whig candidate for representative of Cass and Howard counties, is elected by twentynine majority. The Whig ticket is full in Cass and the Whig ticket in Howard, with the exception of assessor, is elected. In Chnton, we learn J. Hill, Democrat, is elected representative. Report says the Free Soil candidate received more than one hundred votes."
The Free Soil Supporters
The Free Soil supporters began a vigorous campaign. The Free Soil central committee, comprising John Thompson, I. R. Pheanas. John M. Henderson and Josiah Lamb, called a meeting of free territory friends at New London, Monday morning at lo o'clock, August 28, 1848, to ratify the nominations of the Buffalo convention. Judge J. W. Wright, of Logansport, and Samuel A. Huff, of Lafayette, were the principal speakers.
In the issue of August 30, 1848, editor ^^'ickersham announces a change in the conduct of the Pioneer, prompted by the political campaign, then pending. Editorially the Pioneer said : "The Pioneer being the only paper published in Howard county and as many of our Democratic and Whig friends gave us efficient aid in our rather hazardous entei-prise, we must cordially open the columns of the little sheet to them for the advocacy of the claims of their respective candidates for the presidency and vice-presidenc}'. For this purpose we will set aside a liberal portion of the paper, freely giving them exclusive control over their several departments, reserving- the right to exclude any matter of a personal or scurrulous character. \A'e do not however, apprehend the least difficulty on that score, knowing both the gentlemen to be men who would disdain to stoop to a conflict of that kind. C. D. I\Iurray, Esq., of Kokomo, will speak in behalf of the Whig party and will advocate the claims of General Z. Taylor and M. Fillmore.
"Dr. J. J. Barritt, of New London, will advocate the election of Gen. L. Cass and W. O. Butler. Politically the Pioneer will no longer occupy a negative position. The editor will hereafter present and earnestly advocate the claims of Martin Van Buren, of New York, and Charles Francis Adams, of Massachusetts, for the offices of President and Vice-President of the United States. However humble our efforts may be in the conflict we know our duty and will dare to do it."
In separate columns of the same paper thereafter the claims of the three contending political parties were presented. That the plan did not work without friction is evident in the eighth issue of the Pioneer. The complaint is made that, " Colonel C. D. Murray has occupied a large portion or today's paper, rather more, perhaps, than he will claim in the future. Dr. J. J. Barritt has not occupied full share in consequence of it."
The Whig editor of the Pioneer added spice to the political contest by objecting to the speech of a colored gentleman, delivered at Kokomo, the week before upon slavery. The Whig editor declared that when the colored speaker departed from a legitimate discussion of the condition of his people in slavery- and took upon himself the ofifice of a Van Buren elector, and told the free, white people of the state how to vote, the Whig editor is in the objective.
In the issue of Saturday, September 30, 1848, the swords of the opposing editors strike fire. The Pioneer during September and October appeared upon Saturday, instead of Wednesday. It was impossible that the three editors, in the same paper, should discuss such e.xciting issues without a clash, which was inevitable and which came.
The issue of \\"ednesday, November 15, 1848, announced that the election was over and that from reports Brigadier General Tavlor had been elected President.
From this time on editor \A'ickersham is in sole editorial control of the paper. In December, 1848, the editor starts a "Youth's Department" with success, which consists of enigmas, short original articles, selections and scientific questions.
In the issue of the Pioneer of the date of January 3, 1849, there is printed in the lead column of the first page the counting house almanac for the year 1849, ^'""^^ i" the second column a poem on the new year.
The issue of January 17, 1849, shows that the advertising habit had been acquired by the public, page three of this issue being almost solid nonpareil advertisement.
The issue of Wednesday, June 6, 1849, contains a detailed report of the Howard county Democratic convention, of which Dr. J. H. Kern, of Alto, father of Hon. John W^ Kern, now of Indianapolis, was president. This issue also enumerates seven deadly sins, which are: Refusing to take a newspaper. Taking a newspaper and refusing to pay for it. Not advertising. Getting married without sending in the wedding cake. Making the printing office a loafing place. Reading manuscripts in the hands of the compos- iter. Sending an abusive and threatening letter to the editor. For the first and second offenses the editor declared that he extended no absolution. The fourth he said was unpardonable. For the balance dispensation could only be received by an especial bull from the aggrieved party.
In this month the common school cjuestion began to absorb the chief interest of the residents of Howard county and editor Wickersham devoted the larger part of his issue of July iS, 1849, to a publication of the provisions of the new school law.
This law, which is now firmly established in the legislation and favor of the' state, was then a new and untried enactment. People were not sure that they wanted it, and in some counties when first presented to the people, was voted down upon the grounds of expense. Dr. Wickersham, editor of the Pioneer, was certain of the wisdon and benefit of its provisions and through his paper argued its benefits and explained its provisions at length.
The Abolitionists
The bitterness which characterized the slavery agitation was realized in the establishment of the Pioneer. The pioneers of the sturdy village of New London detemiined to publish a newspaper, but as most of them who were formulating the movement were abolitionists, the men of opposite parties were equally determined that it should not be done.
up a newspaper office in the village. He had in view a very primitive outfit, which was at that time located in Westfield, Hamilton county, which consisted of an old hand press and a few fonts of type. Owing" to the bitter feeling existing in the county in those ante-bellum days it was hard enough to find anyone who was brave enough to venture upon the road on such an expedition as moving a newspaper plant with which to publish a newspaper whose policy was the abolition of slavery. Dr. Wickersham had been for some time tiwing to find a man and had been repeatedly refused. "Uncle" Dan Jones was in his prime in those times, and being a strong abolitionist and possessing the qualities of which heroes are made, very fortunately dropped into the office of Dr. Wickersham to consult him in regard to an obstinate attack of ague from which he had been suffering. After the doctor had prescribed for his patient he cautiously approached him upon the question of moving a newspaper plant from \Vestfield and soon got a proposition from him that he would undertake the dangerous enterprise for a dollar a day. if the doctor would cure the ague in the bargain. The proposition was readily accepted and Mr. Jones, as soon as he had partially recovered from the ague began to prepare for the journey. He secured three yoke of cattle and a driver whose name was Reese White, and made the trip to Westfield without any remarkable incidents on the way. The doctor had supplied him with a jug of bitters and two long pistols to use if emergency demanded.
The press was loaded at Westfield and the return journey began early one morning and they met with no opposition during the entire forenoon, but they had not gone far through the almost impenetrable forests of the Michigan road, in the afternoon, until they were accosted by five men who had heard of the attempt to start an abolition paper and determined to "nip it in the bud." The leader of the gang rode up to their wagon and demanded a pass, upon which Mr. Jones drew forth two long pistols and remarked that the weapons were the only passes he had with him. This seemed to prove a very strong argument, as the opposing men had no amis and did not seem to desire to go up against such a strong battery. This scene took place between Michigantown and Middlefork and after the men drew back a few hundred yards to hold a consultation of war they rode off into the woods and gave no further trouble. The assailants were not masked and were easily identified. They were: James Creeson, Err Cox, Sampson Allen, William Allen and Mr. Miller. The onward march of the newspaper was unimpeded during the rest of the way. About dusk the men stopped at the cabin home of Samuel Merrick, four miles west of Russiaville, where themselves and their oxen were hospitably entertained over night. They resumed the journey early next morning and arrived at New London at 4 o'clock. Thus it was made possible to introduce in Howard county the first newspaper.
Dr. Wickersham was a native of Wayne county, Indiana. Later he practiced his profession in Henry county, moving to New London in 1842. He finally moved to Kokomo, where he conducted a dry goods store, and subsequently moved to Mankato, Minnesota, where he died. He was a brother of Mrs. Richard Nixon.
Dr. Wickersham made a success of his paper. In announcing the second year of the Pioneer's existence he said: "August i, 1849, the Pioneer entered upon the second year of its existence with even- encouragement we in our most sanguine hope could have anticipated. The list of subscribers is rapidly increasing, with a liberal amount of job work and advertising custom, which has increased fully one hundred per cent, in the last few months. As soon as the health of Cincinnati will justify us ( the cholera raged there) in visiting that city we expect to get a new and enlarged dress for our paper, add one column, and exchange our old type for new, which will add to the amount of i-eading matter, and at the same time materially improve the appearance of the paper."'
The sentiment of the residents of Xew London was pronounced in favor of temperance. There was a Xew London branch of the Cadets of Temperance. This society was known as Section No. 44, of that organization, and on July 7, 1849, the records disclose that officers were installed and an address delivered by M. D. Stoneman. The invitations to the public to attend this meeting bore the signature of J- B. Gififord, W. P. , and set forth the announcement. "Come on, parents, and see your children engaged in the great and glorious cause - the cause of all mankind."
The subject was early presented in New London in an able and vigorovts article upon temperance appearing in an early number of the Pioneer, written by Dr. J. J. Barritt.
As earh- as 184S there seems to have been an attempt to establish a liquor dispensary against the sentiment of the community. The Pioneer of the date of SqDtember i6th of that year says: "Guess the application for a licensed grog shop in our town didn't meet with much favor from our county commissioners, notwithstanding a petition was secretly got up. and the county commissioners have the thanks of a large majority of our citizens in their refusal to license such a sink of inquity in their midst. Had our citizens known that the application would have been made, a remonstrance would ha\-e gone up with ten names to every one on the petition."
The pledge taken b}' the Cadets of Temperance was \-ery strict : "I without reserve solemnly pledge my honor as a man that T will neither make, buy, sell nor use, as a beverage, any spirituous or malt liquors, wine or cider.
In Xovember following' the secret attempt to establish a grog shop, the Pioneer exultantly exclaims editorially. "The whiskey business is suspended in our to\\n. All who come here hereafter will ha\'e to bring it along' with them. We met a poor imitation of humanity the other day. making his way through a tremendous storm of rain and snow, ilrenched to the skin with wet, hunting for some of the "critter' and being asked what he wanted with it. supposing that some one was \'ery sick and wanted it for medical purposes, he very indignantly replied that he wanted it iov himself. 'case he was dry." "
The spirit of enterprise distinguished the early citizenship of Xew London which was eager for every step looking toward the development of the county.
The contract for the superstructure of the Indianapolis & Perti Railroad was let January 3, 1849, ^.t one thousand four hundred and ninety dollars a mile, the contractors agreeing to make the tracks ready for the iron rails, and to take fifteen per cent, of the contract price in stock of the new railroad company.
Xew London had many subscribers to this stock, and on September I, 1849, they were required to pay the third requisition upon it. (jf eight pel" cent., amounting to four dollars a share, these payments being made to C. D. ^lurray. collecting agent at Kokomo.
A meeting' was called for Saturday. December i6th. at "Mr. Robertson's east room," Xew London, of citizens of Howard county friendly to a coilstniction of a railroad from Xew London to intersect the Indianapolis & Peru road at some convenient point. The expectation was destined to be disappointed and the branch road was never builded. The nearest it was realized was the construction of the Cloverleaf Railroad through Russia\-ille, two miles south, to Kokomo, which crosses the old Indianapolis & Peru line at Madison street.
The citizens were rejoiced, however, to learn in January, 1849, that the legislature had given a grant for a state road from Lafayette, Tippecanoe, county, to Jonesboro, Grant county, by the way of New London, Alto and Jerome. The Pioneer said it was a thoroughfare much needed, and the citizens along the route will be much pleased to hear of the grant.
First Medical Society
The first medical society of Howard county, in which the physicians of New London were leading spirits, was organized in Kokomo, Saturday, September 15, 1849. Li that early day the physicians of New London had no rule of ethics against advertising. They not only advertised, but they did it ingeniously to extend their practice. Two characteristic advertisements are extant. Those of Dr. J. S. Counts and Dr. John F. Henderson. Dr. Counts displayed this appeal for patrons : "Good morning, friends, where does Dr. J. S. Counts reside? In New London, a little west and across the street from Nixon's store. Has he located permanently? He has purchased a house and lot. catched a cook, and continues to practice the various branches of medicine at all times when called on. Is he moderate in his charges ? His patrons, who settle with him once a year, say that he is. Is he successful? He has been during the past month or two for there has been nobody sick."
Not to be outdone by a competitor Dr. Henderson directed the public attention to an advertisement quite as readable, but of a different description : "Pro Bono Publico - Dr. John F. Henderson takes pleasure in informing his old friends and the public generally that after a year's practice among them he is again permanently located in the town of New London, ready to ser^e them in the practice of medicine, obstetrics, etc. He flatters himself from his past experience and success in the practice and his knowledge of the science to be able to gWe general satisfaction to an intelligent public. He is likewise prepared with a good assortment of dental instiaiments, teeth foil, etc., for cleansing-, plugging and inserting teeth, on the most approved style and on reasonable tenns. Office on Mill street at the east end of town, where he may at all hours be found unless professionally engaged. Bills reduced to suit the times." Other prominent physicians of the town were Dr. M. R. Wickersham, Dr. J. J. Barritt, and Dr. ]\I. D. Stoneman.
Dr. J. J. Barritt was the first postmaster of New London and Thomas J. Faulkner the second in this office. Each had occasion to publish lists of letters uncalled for.
New London felt the stimulus of the land sale held by county auditor John Bohan. He offered to purchasers the choicest sections in the late Miami reserve, situated about three miles southwest of Kokomo, being a sale of land for the benefit of the common schools, every sixteenth section being disposed of for the benefit of the state. Theophilus Bryan was school commissioner of Howard county at that time. The land was to be paid for one-fourth in advance, and a twenty-five years' credit given for the unpaid portion, which was to bear seven per cent, interest payable in advance.
The report of auditor Bohan of the finances of the county from June I, 1848, to May 31, 1849, showed the total receipts to be two thousand eight hundred and ninety-two dollars and three cents, leaving a deficit in the treasury to meet all orders drawn of one hundred and sixty-five dollars and six cents.
The tax rates in Howard county, publically announceil August 24, 1849, were: State tax - Each one hundred dollars, thirty cents. Poll tax, .seventv-five cents. GmiUv tax - Each erne luin- drecl dollars, se\-enty cents: p(jll tax. eighty-seven and one half cents : school tax. each one hundred dollars, district 3. twentv-five cents. Road tax - per acre, one-fourth cents: town lots, each one hundred dollars valuation, fifteen cents.
Bench And Bar By Otis C. Pollard
The first term of what was then known as the Richard\-ille circuit court was held November 7. 1844. at the house of John Harrison, in the township now called Ervin. Nothing much was done on the first day of the term. N. R. Linsday. subsequently judge of the Howard common pleas court, was enrolled as a member of the bar on the second da}-. On the third day the grand jury returned twenty-five indictments. There being no busiriess for the petit jury at that term they were discharg-ed.
The grand juries of the period believed in earning their salaries, if you choose to put it that way - but others chose to say that they loved to gratify petty spites at the expense of their neighbors. They would sometimes still be searching for facts when a term of court would come to an end.
The grand jury of the first temi of court in the history oi the county indicted Jnhn Harrison, the sheriff, for retailing. This offense was selling small quantities of whisky in violation of the law. Benjamin Newhouse, a member of the petit jury, at the same term of court, was indicted for trespass. Betting was a common offense and five indictments for this law violation were returned against William Smith. While Sheriff Harrison was accjuitted of the charge of "selHng a quart of whisky to TheophoHs Bryan, to be drank about his house," Cliarles J. Ahison, also indicted for retailing', did not fare so well. He was found guilty and fined two dollars. Allison was frequently indicted for retailing. He kept a saloon, or wet-back grocer}-, the bar being in the rear, in a' double leg house on the east side of the public square, and, saving- his business, alleged to his discredit, he bore a good reputation and was generally spoken of by his neighbors as an honest man. He had good business qualifications. He ran the first saloon conducted in Kokomo, and was frequently before the circuit court. He came to the county before it was organized and died in 1863.
"The early grand juries were of curious composition often, being made up largely of men from other states, and even natives of foreign countries. I think that generally they were honest and devoted to the law, when they knew what it reciuired uf them."
The foren-ian of the grand jury, in order to prove the ofifense within the limit of the statute of limitations, asked Mr. Foster in what year he saw the parties named fishing on Sunday.
As the examination was several }-ears later the jury had its pains for nothing, the offense described by Foster being liarred to prosecution.
The list of offenses for the early-day indictn-ients were pronouncedly in contrast with those of igo8. John Lamb and Benjamin F. Faucett were indicted for improperly graiiting license, and
Mr. Lamb was also indicted upon two charges of extortion. David Bailey was arraigned upon two charges of the same character. Samuel Gamer was prosecuted for illegal voting. Attachments were issued against Jonas Dalgilkin and John Ryan for contempt of court in divulging the secrets of the grand jury.
Pay Of Petit Jurors
Upon beginning its sessions in Howard county the court ordered a seal, which was to have a device upon the face thereof of a man on horseback on a chase after wolves in the distance with his hounds in pursuit, the horse to be represented "on the loap" and the words engraved on the seal, "Richardville County Seal, A. D. 1844."
A term of court generally lasted from three to four days. Seldom longer. All the business could easily be disposed of within that time. A week of court would have been considered a judicial sitting of unusual and tedious duration.
Had you entered the log courthouse in the forties you would have found upon the ground floor the tailor shop of G. ^^'. Poisal, the saddlen- of H. B. Havens, and the offices of Dr. Corydon Richmond and the county clerk, F. S. Price. Dr. Richmond and his brother, Orsemus Richmond, were eventually associated in the practice, occupying the same office, and finally N. R. Linsday and C. D. Murray established a law office in the courthouse. In September, 1850, Mr, Havens was notified that his office rent would be fifty cents a month. The rest were notified in June, 185 1, that they had better pay their office rent.
in a quart bottle upon a shelf in his office. Tailor Poisal told him that his liquor was being appropriated by a certain carpenter. One morning the doctor furnished a fresh supply of whisky and placed an emetic in it. The carpenter purloined a drink. Soon he began spitting, but unsuspectedly took another drink. Xo sooner had he lowered it until he became very sick. Whereupon he rushed to an oak stump, and, like Job, cursed the day upon which he was bom. He made a friend of nearly every stump on the way until he reached home. He never again molested the whisky.
The lawyers of the early day were plain and simple in their habits of life, as were the other pioneers with whom they were associated. They relished the substantial food of the day, dressed in the rough garb of their neighbors, and were in all respects a part of the great commonality. Yet they were the leaders in public spirit. They were the politicians. The best offices fell to their lot, not because they were of "better clay than other men," but because they were considered better qualified by the people to discharge the duties incident to the various official positions with which they were honored. They must have been early risers, at least upon one occision, for one evening the Richardville circuit court adjourned "to meet to-morrow morning at seven o'clock." A dozen books, all told, would comprise an average lawyer's library. But these books were known by them thoroughly, large portions of which they were able substantially to quote from memory. The standard authority most frequently consulted was the statutes of the state - the Koran of the Richardville bar. The county clerk, Franklin S. Price, who sensed a number of years, spread on record a list of books compris ing the courthouse library, April 25, 1845 ; four volumes of local laws, six volumes of Blackford reports, three copies of the Senate Journal, 1845, three copies of the journal of the house of representatives of the same year, sixty-five copies of the school laws, eight copies of tlie revised statutes of 1843. ^^'^^^ and bread were the principal foods of Kokomo's earliest denizens. The lawyer-politicians, in order to obtain votes, would win the popularity of the women by assisting them to milk and to suckle the calves.
Meager Legal Business
The law. business was not heavy during the early days of the Richard\-ille bar, nor such as to put the bar up in the way of leaming and power. Land was cheap and controversies few. The principal suits were for slander, bastardy, hog stealing, betting, whisky selling, and so forth. The bar under Judges Wright and Biddle averaged well, and improved greatly as btisiness became more serious.
In an early day the judges and lawyers from the various circuits of the state congregated at a frame hotel near the center of the north side of the public square, generally after supper, to exchang-e experiences, divulge all kinds of news and relate anecdotes.
Moses Cromwell was distinguished in an early day by the frequency with which he sought the judicial decree. His name appears very often upon the records of the court. A drinker, "on his muscle." and quarrelsome, he naturally occupied a good deal of the court's attention. Scarcely a term of court passed without his being either a plaintifif or a defendant. \\'hen not figuring as the accused in some state case he was almost certain to be mixed up in some kind of a civil action. In a large number of prosecutions he was able to secure his acquittal. He figured in all kinds of prosecutions, assault and battery, retailing, affrays, and others too numerous to mention. One of the first slander cases in the county was that of Pleasant W'^alker against Cromwell. At the trial the jury was unable to agree. The case was afterwards compromised and dis-
David Foster also did a considerable business in court. But his preferences were for civil rather than criminal cases. The records show him to have been interested in a great many suits.
John B. Hopkins might, during a court term in an early day, be seen often standing on a stump in the courthouse }-ard. He sometimes carried an a.x and a chicken, asserting that he was going int(_i the poultry business. His general features, large physique, partially stooped form, and long, thin hair touching his shoulders, gave him a commanding presence. A string of losely-tied, green mango peppers encircled his shoulders and swept his breast. He was barefooted, and had a powerful voice. He was a great walker. Once a candidate for representative, he spoke at Greentown and Koknmo, addressed an audience near Pdplar (jrnxe and made two> speeches at Logansport within the space of twent}--four hours, hoofing the entire distance between the places where he delivered his addresses. He had a state reputation and was intimately connected with the lawyers of the county, frecjuently assaying the defense of "mercy cases" and an attendant upon court. The lawyers listened to him, conversed with him and read law to him. To this community in early days he was a periodical visitor. His sensible utterances, by no means few in number, profound and practical, were treasured up in the minds of his hearers. However, this man was demented. Yet his intellect was of the highest order. He was finely educated. His choice of words was apt. His sentences were of such construction that they excited the admiration of rhetoricians. In his younger days he had been a prodigious student. If deserted by his audience he would seek another spot and address new listeners. To hear him sing old settlers declared was to experience a genuine pleasure. He composed all his own songs, many of which were highly meritorious. Hopkins walked from one end of the state to the other, starting generally from some leading city situated on the National road, which route he traveled, pulling after him a light buggy, which he filled with tracts. At nearly every town along the entire distance he would sell his buggy and bu)' a new one.
The statute of 1843 divided the state into twelve circuits. A president judge was appointed by the legislature for each of these circuits. Two associate judges were chosen by each county to preside with the president judge. Although they made but little pretense to learning "these side judges," as they were called, often overruled the president judge, giving for their decisions some preposterous reasons. Not infrecjuently, too, their rulings, absurd as they may have sometimes been, were sustained by the supreme court.
The terms of office for the judges were, by statute, fixed at seven years; the clerk was to serve for seven years and the sheriff and prosecuting attorney for two years.
Judges Long And Ervin
The associate judges for Richardville county were T. A. Long and Robert Ervin. Mr. Long was born in Lexington, Kentucky. He apprenticed himself, when a young man, to an old gunsmith, working six years for nothing and clothing himself. Besides being a gunsmith he was a farmer and nurseryman. He lived in Harrison township. In politics he was a Whig and a Republican. In religion he was a Methodist, being a member of the M. E. church over forty years. Of these associate judges. Judge Biddle, with whom they served, once said: "Long I remember to have been a very quiet man. I was not as intimate with him as I was with En'in. Eiwin was a man of good thought and possessed of clear, solid, common sense. On the bench he ever strove to do his duty.
Judge Long, from the fact that he wore glasses, was called "Old Specks" by the Indians. He erected a little shop near his cabin in Harrison township "and for several years repaired guns for the Indians. Across the creek from his shop stood Foster's trading house, where the Indians would take their skins and buy blankets and 'heap good whisky,' and then would go and get Long to fix their guns. Foster would frequently interpret and vouch for them, and Long would chai-ge the bill to Foster and Foster would charge three or four times as much to the Indians. Long had a nice little horse, worth some fifty dollars, which Foster wanted: but being afraid of making the price too high, asked him what he would give Foster replying he would give sixty-five dollars, agreeably surprised Long at his generosity, and consequently got the horse. Foster kept the same for four days and sold it to an Indian for two hundred and fifty dollars. Mr. Long, being somewhat surprised, a second time concluded he could sell a horse which his father-inlaw owned for a good price. As the horse would lie down and let its rider mount, the feat greatly pleased the Indians, and Foster sold it to one for four hundred dollars. The next autumn the Indian brought the horse back to be placed in order, and for so doing was charged two hundred dollars by the trader, Foster. yiv. Long having several cattle and needing some brass to make bells for them, was informed that he could get it of the old chief, Kokomo. He went to the chief's wigwam and was introduced to his dusky highness as a Kentuckian. The chief began to act strangely, went out and painted himself, returned and told Long's companion that he had scalped several Kentuckians, and would scalp the new-comer. But Judge Long told the Indian he had better not try that game, or he would shoot him upon the spot." Judge Long was permitted to get the brass and depart.
A Log Courthouse
During- the administration of Associate Judges Long and Ervin the sessions of the circuit court were held in the two-story log courthouse within the public square. The upstairs of this structure was utilized as a courtroom, the lower story embracing a hall and four office rooms. The courtroom was reached by an inside stairway.
The shades of evening are falling. The courtroom is deserted within a few moments. But in leaving the courthouse square a lawyer meets with a misfortune. The ground was wet and swampy. The mud in places was about bell_\- deep to a horse; in others half boot-top deep. The lawyer is attempting to walk along a slab placed in the mud to insure a pedestrian a safe and convenient passage. But he slips and falls. Bitter are his words of denunciation as he regains his feet against those cows that tramp and those hogs that wallow this particular piece of ground into such a horrible condition. Uncle Tence Lindley, in his quaint way, once said : "Well, I'll tell you what is a fact: the courthouse yard in them days was skittish muddy. It were skittish muddy for a fact."
Thomas S. Shepherd, a man of medium height, with light hair and blue eyes, was a striking pioneer lawyer, but really a better preacher. He w'as an uncompromising Democrat, and once stood for the legislature, but was defeated.
Thomas J. Harrison was a son-in-law of Judge Linsday, with whom he was associated in the practice of the law. Harrison was a big-hearted, generous man, who did everything in his power for his friends. The duties of his profession he perfonned well, in a punctilious and unflinching manner. His personal bearing and influence had weight with a jury. His record is chiefly military.
Leading Pioneer Lawyers
only a fair amount of learning. He was not a diligent student and did not attend strictly to business. To make popular speeches was the delight of his soul and in this line his success was extraordinary. But to take charge of a lawsuit of weight and character he was too slack. He generally came into court ill-prepared. In brain he was large, in physique weighing one hundred and ninety pounds and well-formed. In carriage he was manly, being free and easy in manner. His talents were such that he ought to have secured a much higher position than he gained. His ease and ability as a speaker diverted him from the severer studies. His social qualities were number one. A first-rate wit himself, his relish of an anecdote or practical joke was keen. He was an amiable gentleman and a lovable man. At one time he was seriously talked of as a candidate for governor of the state. The announcement of a political speech by Murray was always the signal to prepare for lots of fun."
Speaking once of Judge N. R. Linsday, Judge Biddle said: "N. R. Linsday had a clear head and was a able man. He drew up a remarkably clean paper and in this respect was Murray's superior. He also made a more solid argument, but as a speech-maker was not nearly so popular or versatile. In integrity Tie was pure and upright. I remember of his undertaking to draw up a common law plea in abatement, a task for him most difficult. It was his first attempt. Its construction gave him an infinite amount of trouble and woriy. But he finally got through with it. Tiaving framed it pretty well. I looked it over and corrected several errors. The plea then stood unassailable. I think I never saw a man appear more grateful than he did for that favor. He was not much of a man for fun, but was a hard working man, with excellent brain power." Judge Biddle, when he came from Logansport to this county to hold court, was frequently entertained at the cabin of Judge Linsclay. The dwelling was very crowded, but they always made room for him. There was but one door to the stnicture. Judge Linsday was the second county agent. By act of the legislature the duties of the office were finally transferred to the county auditor, and John Bohan was first to discharge them after the change in the law. As careful a lawyer as Judge Linsday was surprised when he went to pay his taxes, in 1846, to find that he was delinquent eighteen cents upon his taxes of 1844. Judge Linsclay, a candidate for the legislature, was a vehement opponent of a clique proposing to unite Howard and Tipton counties and establish the county seat at Sharpsville. He made telling points against his opponent, who fa\-ored the plan. Judge Linsday was one of the most influential workers in behalf of Kokomo's claims.
For Contempt Of Court
Attorney Charles D. Murray was fined twenty dollars for contempt of court at the May term, 1857. He had a tilt with Henry S. Kelly, who was serving as judge pro tern., owing to the absence of Judge John M. Wallace, the regular judge, whose absence was caused by sickness. Mr. Murray gave security for the amount, which, it is probable, was never collected by the local authorities, as they did not desire to execute the order. They saw to it that Mr. Kelly did not preside the next term. Clerk Adam Clark, Sheriff Samuel Lamb, and Auditor Harles Ashley, as they had a right to do under the law, appointed Mr. Murray to preside at this term of court, as a solace to his dignity, as Judge \\'allace had not appeared the first day. He did arrive the second day. however, and assumed the duties of the bench. Mr. Murray- presided at a part of the May term, 1858.
of Judge Linsday, was a well-trained lawyer and close reasoner, but not so very good advocate. His legal opinions, however, had great weight and he was a formidable opponent.
Lawyers from adjoining counties did a large business at the Howard county bar. Among the number was D. D. Pratt, of Logansport, afterwards United States senator, and a Daniel Webster in physique, intellect and ability.
Franklin S. Price served the county as clerk faithfully and with ability from 1844 to 1854. In 1858 he was a candidate for the office, but while at New London followed the advice of Timothv. The unpopularity of the act caused his retirement from the ticket and he was replaced by Ross Gray. Gray was defeated by Adam Clark. Price was of very slight and fragile build and his hair, eyes and beard were black. He was very social in his nature and enjoyed great popularity. At a convention of the pioneers, held in Harrison township, Price and Hiram, his uncle, were candidates for the same office. Each was to rise and walk from the other, and his supporters were to follow him, and the one having the most friends was to be the nominee. Hiram had the test of numbers. Franklin burst into tears, which so excited his uncle that he withdrew from the contest.
Judge John W. Wright, the first circuit judge of this county. a resident of Logansport, was a very eccentric man. An important case was before him for disposition, invol\-ing many difficult questions nf law. The procedure of his court was governed by the technical practice of the common law. The pleadings were numerous and complicated. Many were the pleas in replicatii^n. the rejoinders, the rebutters and surrebutters. Eminent counsel was engaged upon both sides of the case, tried in one of the counties of the circuit to which Howard belonged, and among them were Abraham Lincohi and Joseph E. McDonald, pitted against each other. After a lengthy discussion of the law questions raised by the issues, conducted by the counsel of the opposing sides. Judge ^^'right, without allowing himself any time for the consultation of authorities, or deliberation, staggered the attorneys by announcing that he would rule immediately after noon. When court convened after the dinner hour, true to his word. Judge ^^'rig-ht divided the pleading's into two separate piles, and, picking up a paper in his right hand, threw it down, saying, "Demurrer overruled," and with his left hand picked up another pleading, threw it down and said : "Demurrer sustained." This was kept up until all his rulings had been announced. This procedure was nothing more nor less than judicial ledgerdemain, haphazard, uncertain guessing. The lawyers had spent weeks in the careful study of the same questions of which he so effectually disposed within the short space of ten minutes. But imagine their surprise when, upon appeal, the supreme court sustained every one of his rulings. Afterwards, when Lincoln had been elected President and when the first rumblings of the impending Civil war were heard throughout the length and breadth of the land, a large assemblage of militar}"- officials, among whom mingled se\-eral cabinet officers and other eminent personages, darkened one day the parlors of the white house, when the late Joseph E. McDonald was a caller at the Presidential mansion. Immediately upon his entrance he was recognized by President Lincoln, who grasped him heartily by the hand and exclaimed, "How are you, Joe ? How's old Judge Wright, anywa}^?" following the remark with a hearty laugh.
that it had no indictments to return. In discharging them Judge \\"rig"ht said, in his usual brusque and gruff manner, "Weh, gentlemen, I suppose you are discharged, but I have not the least doubt in the world but what half of you ought to be indicted for hog stealing."
Having been convicted of a felony, a certain prisoner once stood up to receive sentence from Judge Wright, who has been reported to have used upon that occasion the following language : "Sir. the first acquaintance this court ever formed with you was in a house of ill-fame, but you have steadily gone down in the world till now you must make your future home in the penitaitiary."
In personal appearance. Judge Wright was about five feet and six inches in iieight, weighing from one hundred and eighty to two hundred pounds ; was athletic and graceful in movement, whose general appearance countenanced the accusation that he was vain and proud, which, however, was not true of him in an offensive sense.
A Strange Character
It was hard to convince Judge Wright that he could make a mistake. This he thought to be impossible. This peculiar belief of Wright's originated from the dogmatic tendency of his mind, which, by nature, was a rugged one. The haste with which he pronounced his decisions was deplorable, and one of his weaknesses which cost his friends much pain and regret. His character was positive, his popularity great, his friends bound to him by the strongest ties, and his enemies were of the malignant type. As a lawyer it is said that he valued victory higher than perfect honesty ; that he was unscrupulous and employed underhand methods continually : that he "browbeat" and terrorized witnesses completely, and sought to torture them into testimony in behalf of his clients ; that he had little feel- ings for others and, when inchned, heaped torrents of abuse on parties to the suit. In argument he was powerful and in address strong. He would not tolerate the slightest noise or confusion in the courtroom and would invariably stop procedure until it ceased. He won the majority of his cases.
He was a gTcat practical joker and loved to perpetrate jokes on others, but never liked to have them played upon himself. He instantly resented personal insult by word or blow. Judge Wright once stopped at a Virginia hotel for dinner. A colored waiter took his order and asked him which he would have, "Strawberries and cream, or fritz?" "Bring all mixed," said Wright, who did not know the meaning of "fritz." "Why, you isn't gwine to hab "em mixed, is you?" asked the astonished waiter. "Mixed," reaffirmed W^right, resolved not to show his ignorance. The compound was set before him, but was not relished.
Wright related a good anecdote at his own expense. "I had a novel experience when I was traveling on a certain occasion from Logansport to Winamac, where I was to hold a tenn of court. I came near getting into serious trouble. You see, it was this way. I came to a very muddy lane. ^Vell, I thought that was simply impassable. I will lay down the rail fence to my left," I said, 'and go through the field.' I did so and rode almost across it unmolested. Soon I came to the edge of a woods. A man with an ax in his hand confronted me and asked, '\\'hy did you come across this field?" 'The road was impassable," I coolly explained. 'If you are acquainted with law, as I suppose you are, you will remember that private welfare must yield to public convenience. I hope I have a right here, sir." To which my interrogator replied, 'Who said that you could cross this field?' 'No one,' I replied. 'Then go back and lay up the fence.' said he. My anger began to rise. 'Look here,' said I, 'do vou know who a^ou are talking to? I am
Judge Wright.' 'Judge Wright; for once," he rephed, 'Judge ^Vright is wrong. Now you go back and lay up that fence!" he exclaimed, as he clinched his ax the tighter for his indignation. 'I say go back and lay up that fence.' Well, gentlemen, I went."
Judge Biddle
Judge Horace P. Biddle, of Logansport, second judge of Howard county, said of Judge Wright: "It must not be overlooked that his mind was not steady. He was not all bad, by any means. He was governed by fits and starts. The mind of the man, I may say, was flighty in a sense, inclined to aberration - more so at certain times than at others. For a period his decisions would be correct and his whole bearing judicial. I have known him many a time to announce his decisions in perfect order and to conduct cases with the greatest propriety. At other times he would fly off in every direction and we could not tell what he would do. Becoming eccentric he would reverse in principle every one of his former decisions with the greatest sincerity and honesty, apparently believing that he was deciding the same way he had before. He would tell without any visible motive gigantic falsehoods. These seldom proved to be of injury to anyone, however. Seemingly he believed everyone of them. One winter I had seen quite a large herd of deer. In number there must have been at least ninety. In telling of it I rather had a dislike of making the number that high, for fear some might think I was not telling the exact truth. But 'Jack,' as Judge Wright was called, heard the story and endeavored tn relate it. The number of deer, according to him, was fifteen hundred.
"On a certain occasion he told me a great cock-and-bull story about Lincoln. He said : 'Lincoln is a fool. I was in \\^ashington, not long since, and called upon the President. He told me he was surrounded by thieves, by robbers, by murderers, by assassins ; that he did not know what to do and that he was momentarily expecting trouble: and that if he got into trouble he wanted me (Wright) to come to ^^'ashington and help him.' 'Did he really tell you that. Jack?' I asked. . 'To be sure." answered \\'right. 'Then Lincoln certainly is a fool,' I answered. Judge ^^'right exaggerated and falsified unconsciously.
Walked In His Sleep
"He was a somnambulist. One night we were bunking together as travelers had to do in the early days of the state, as bed room was rather limited. After we had been asleep two or three hours he suddenly sprang upon me. seized me by the throat and began choking me. Though sound asleep his eyes were wide open and he glared upon me with the fury of a maniac. I beat him vigorously in the ribs, but it was some time before I awakened him. 'My heavens. Jack.' I said, 'what do you mean choking me this way?' 'I am very sorry, Judg-e,' he replied; 'I did not know I was choking" you.'
"He was vicious at times. In him the good and the bad alternately predominated. I think he was incapable of a persistent fraud. He had a good heart, spoke and acted well and was by no means intensely selfish. I was very intimate with liim. In his confidential moods he intrusted his secrets to my keeping. \\'hen he was worried or in trouble, or had been abused, he always came to me. One day he stepped into my office. As was characteristic of him he puckered up the left corner of his mouth, and intently stared at me, his head being to one side. Alternately rubbing his hands together, with his right fist he would beat his breast with great rapidity, ^\d^ile going through this gymnastic performance he finally blurted out, 'Judge Biddle, what do you think of me, anyway?" 'Can you stand the truth?" I asked. He replied that he thought he could, Jack,' said I, "I'll tell you. If all the bad in you were absent you would make a good citizen. But if all the good in you had been taken away and nothing but the bad left, you would have been in the penitentiary long ago.'
"Estimates of Judge Wright as a speaker differ. I never thought that he was possessed of genuine eloc|uence. The chief fault of the man as a speaker was repetition. He often spoiled his points. 'Jack' was a great temperance worker. Once in an address upon that subject he tried to imitate Patrick Henry, in a speech made in defense of a man who had sued the officers furnishing supplies to the revolution, in which speech Henry made use of about this language: 'But what note of discord do we hear? That of John Bull, shouting, "Beef! Beef! Beef!" ' Wright blundered along after this fashion : 'In this age of peace and sobriety we hear a shout of peace and prosperity arising. Arising from the earth. As high as heaven - as high as hea\en. Yes, higher than heaven - arising - arising - higher than heaven - arising from Maine to Georgia.' This was ever afterwards spoken of as Wright's climax.
"Judge Wright was not for ceremony in adjourning court. Sometimes he even adjourned court without the knowledge of the bar. Once he did this. The grand jury, unable to secure accommodations in the courthouse, were in session in the jail. He adjourned court proper then. Judge Wright proceeded to dismiss them by going to the door of the jail building and exclaiming: 'Go home, gentlemen !'
"Judge Wright went to Washington City, where he died. While there he became quite wealthy. Just how he made his money I never knew. The last five or six years of his life he was perfectly helpless. His body was finally brought to Logansport for reinterment. He was a Presbyterian in faith and believed that his election was sure. He was finnly convinced that he was one of the elect. The expressions which he used most frequently were 'dyed in the wool,' and 'for the love of God and the Democracy.' He was a very enthusiastic Democrat."
Judge Biddle, Howard county's second judge, was an able jurist, a savant, and a gentleman of broad culture. At eighty years of age his hair was thin and gray. His forehead was broad and retreating. The most delicate pencil lines in a crayon portrait would have sufficed for his eyebrows, from beneath which peeped eyes, small, keen and intelligent, such as are commoitly ascribed to acute logicians. Deep furrows had plowed their downward way upon his countenance, throwing up upon either cheek swollen veins of flesh. The features of the man told plainly that for years he had been a tireless student, and upon his brow could be seen the evidence that the brain within for years had been busy with wasting thought.
The language which the judge used stamped him at first blush as a linguist. His memory in his age was strong, clear, and accurate. Seemingly inexhaustible was the storehouse of his mind. He was an expert mimic, a fine musician, a writer upon the technology of the subject, and played a violin to perfection.
Upon his retirement from the supreme bench of Indiana and the active practice of the law. Judge Biddle lived the closing years of his life upon Biddle's island, adjacent to Logansport. He and his wife had disagreed, the judge conceiving a jealousy of her, and a separation followed. The judge attempted to secure a divorce but failed. His wife also lived on the island, and while he always spoke til lier if he chanced to meet her. he never was reconciled again to her. altlioug-h she also li\-ed upon the same island. Judge Bitldle passed the last years of his life alone, surrounded by his books and living in a house that was a literary curiosity and an antique museum.
In the room most frequented by Judge Biddle was an old bureau filled with curious things and an old-fashioned bedstead, the posts of which were four feet from the floor, the two one way topped by a couple of hats. Along the north wall of the room, immediately behind the stove, was a row of boots and shoes, as the judge carefully preserved cast-off footwear and headwear, having thus a complete museum of styles. The walls were hung with pictures and dotted with plaster of Paris statuary.
Proceeding through a door of heavy box-like casing, one came into a hall papered with maps, and clinging to the ceiling of which was a birch canoe and Indian moccasins. A cabinet contained a collection of relics. A case was filled with geological specimens, upon the top of which rested the models of two large vessels. In a corner leaned a rifle picked up at Island Xo. lo. Near it was a sword and scabbard pinioned to the wall. Keeping- company with these two articles was a large whalebone. In a stand of canes was the one with which Judge Biddle struck Senator D. D. Pratt o\"er tlie head, a courtroom incident of state note. The Biddle home consisted of nine rooms, in which seven were occupied with collections of books, several thousand in number. In several, troughs of books hung from the ceilings. One room Judge Biddle used as a workshop and employed himself in building the second musical instrument. In one room he had cords of books and a stuffed bear. In an outside building he had newspaper files which covered a period of over half a century.
"I was rather attached to the system of associate judges. Those judges were first-rate jurors, upon questions of fact before the court. Their assistance was often very valuable, being acquainted with the credibility of witnesses and the solvency of proposed sureties, as well as various other matters of legal importance. Upon the technicality of legal procedure, I seldom consulted them. Once in a while they would overreach themselves by yielding to a very effective and plausible moral appeal and sometimes announced rulings formed from imperfect data. But they were most generally in the right and their motives uniformly pure."
General R. H. Milroy, the third judge of Howard county, was a very brave man and a high-toned gentleman, incapable of a wrong or mean act. He often did things that he afterwards regretted, was a very impulsive man and was not a thoroughly trained lawyer. A militaiw man, pure and simple, his whole manner was military and his pride ran in that direction. At the bar he had had but an imperfect experience. \Vliile upon the bench he was upon a severe strain and made many mistakes. He was glad to get rid of his office because he felt that the law was not his forte. No one ever learned better than he from painful experience that law as a science and a system must be understood as a whole and that patch work is not sufficient. Very modest, he distmsted his own knowledge, and did not feel himself equal to his position. His administration did not give satisfaction. Love, respect and admiration were due him, but his chief trait was militai-y and his courage extended even to rashness. He was one of the veiy strictest of disciplinarians. His men loved and feared him and would follow him A glance at his portrait, with its stern, piercing eyes and firm-set lips, revealed his deteiTnination and inexorable will.
At this period the circuit court acquired a migratory character. The May term, 1854, was held in the Methodist church, a frame structure which stood upon West Mulberry street.
At this term, Samuel \Vilson, a notable character of Kokomo, was tried for assault with intent to kill and accjuitted. While intoxicated, and being- a Kentuckian, he had chased a negro through a cornfield with a shotgim.
Provenance
Text from History of Howard County, Indiana, published 1909, in the public domain in the United States and digitised by the Internet Archive.