Howard County, Indiana - The whole text, 1909 (part 8 of 9)

At this date the old log courthouse was no more. It was inadecjuate and had been torn down. It was ordered, on the 2d day of June, 1852, by the county commissioners, that Corydon Richmond, Austin C. Sheets and Charles D. Murray be appointed to prepare specifications for the erection and furnishing of offices for the clerk, auditor, recorder and treasurer. Two buildings were to be erected, each to be constnicted of brick and to be eighteen feet by diirty-six feet in dimension. Their aggregate cost was to be not more than one thousand dollars, and were to be so located as to leave space between them for a courthouse, the present one. One of the buildings was erected near the northeast corner of the courthouse yard and occupied by the auditor and treasurer; the other was located on the opposite corner west and was used by the recorder and clerk.

For a season court was held in one of these buildings, but the quarters were too small, and the James & Armstrong, and later the Wildman halls were utilized for judicial hearings.

^\'abash. He was a man of striking personal characteristics and eccentricities. He was a graduate of Columbia College and a classmate uf Robert Toombs, of Georgia, "the great Southern fire-eater and slavery advocate." He was a small, spare man, of about the average height, active and graceful in movement, fluent in speech, exceedingly polite, firm and determined, a good wit, a thorough scholar and a highly piilished gentleman.

The fifth judge of Howard county was John M. Wallace, of ]\Iarion. This jurist was popularly spoken of as the "ready" judge. He transacted while upon the bench a large amount of business, with the utmost ease and rapidity. He was not noted for his profound thought, or research, but was a very ready speaker. In personal appearance Judge Wallace was a handsome man, with coalblack hair and eyes, unusually large chest and head. His dress was very tasty for the time in which he lived. He was born in Franklin county, this state, and was a brother of Governor Wallace and an uncle of General Lew Wallace. His father was a tavern keeper in eastern Indiana. Judge Wallace died a poor man.

Judge Brouse and Wallace were intimate friends. Wallace, after deciding a case against Brouse, laughingly remarked to him, "Well, Brouse, I don't suppose you feel quite as good as you did before I made that decision."

This touched Wallace deeply, who, supposing that he had really given oft'ense, said sympathetically, "Come now, Brouse; you are not going to strike down an old friend, are you?"

ings for any consideration. Yet under no circumstances would he permit motives of friendship to dictate his judgment. He was conscientious and honest to the extreme.

A Dr. Jekyl And Mr. Hyde

Wallace, the judge, and Wallace, the citizen, were two different characters. The one character was stern, harshly indififerent, rigid in severity and of unbending dignity. When trying a case his features were seemingly as inflexible as those of a Roman senator. The procedure of his court was conducted with the strictest discipline. Order and monotonous regularity prevailed. No slavemaster ever exerted a firmer control over his bondsmen than did Judge Wallace over his associates in the administration of justice. When Wallace thought an attorney had said enough to enable him to understand a subject he instantly told that attorney so, and shut off his speech. Wallace always ran court to suit himself.

Anybody could laugh and joke with him in private social intercourse. Then he was good-natured, jolly and sympathetic, and ready for any kind of innocent fun that came along. Of nights it was his favorite amusement to play his violin to the loungers at the hotel and he would nearly shake himself to pieces with laughter as he saw some "greeny" trying to execute a clever imitation of any kind of dancing. Nothing seemed to gratify him more than to see some nimble fellow beat the floor into splinters with his feet, or hear some extra good joke.

Henry A. Brouse, whose name, before his death, headed the list of Howard county practitioners as being the oldest of the number at the bar, came to Howard county from Wayne county when the town of Kokomo did not contain more than fifty log cabins. He settled upon a farm south of the city. There were in the town three resident lawyers and three stores of general merchandise ; those of T. J. Faulkner, John Bohan and C. J. Allison, the latter a "wetback" grocer)^ Wearing high-top boots Brouse trudged to town three times a day. His office furniture consisted of a few rickety chairs, a dilapidated table, and a library worth less than three hundred dollars. In writing he made use of quill pens.

Along in the fifties his practice was large and he had about all the legal business to which he could well attend. When court was in session, in order to get his cases at issue he would have his clients sleep at his office and would work all night getting the pleadings in shape, awakening his clients one by one for information as he finished one paper and went on to the next. Brouse tried his first case in the county before Judge Biddle. Brouse was one of the prime movers in the organization of the Republican party here, and mainly instrumental in securing the election of Nelson Purdum as the first mayor of the city, and subscribed largely for the construction of the normal school building.

A Courteous Judge

During the morning hours, or those of early afternoon. Judge Pettit greeted an acquaintance in a most complaisant voice and pleasing and courteous manner in substantially this language : "Oh, John," or James, as the case might be, "now I am real glad to see you. How are you ? I was just thinking about you a moment since. How is your family now, anyway?" But after four o'clock in the afternoon his form of salutation, expressed with a deferential bow, but with a slight and graceful wave of the right hand, was almost invariably: "Good evening! Good evening!" When at his meals he would eat a while, stop and converse with whoever chanced to be present in the room and then fall to again. Purchasing a fine pair of trousers, Pettit has been known to offset these with a cheap, shoddy hat, without any band, and he would encase the neat and dainty foot of which he was possessed in a stoga, heavy-sewed shoe. But T. C. PhiHps, one of his great admirers, once declared that Judge Pettit, as congressman, "was not the same Pettit that he was in mingling with his constituents." "\Miy," said Philips, "when I saw him at the National capital he was as tastefully dressed as Charles Sumner, which is saying a good deal, ^^'hen I saw him after the National legislature had adjourned he looked as seedy as a man without a dollar."

Pettit hated with his whole soul and his enmity was bitter, intense, and uncompromising. He seemingly, when aroused, feared no man and would, if he lost his control, jump upon a man twice his size. One of the judicial campaigns in which he was successful was extremely personal and malignant. As he was riding along, one day after the election was over, in his buggy, he saw coming down the street his defeated opponent. Perceiving a good opportunity to tell him in direct language what he thought of his manner of campaigning, Pettit squared his vehicle around so that his former rival could not pass and then proceeded to say, to the object of his contempt : "I am that dirty, lousy, and unscrupulous John U. Pettit that you told the people so much about lately ! Good day, sir !"

A witness for whom Pettit had the most profound contempt testified against his client in a suit in which he was engaged as an attorney. Later on in the pnigress of the trial it became necessary to recall this witness to testify to additional matter. Pettit arose, made a sligh bow, and in those cutting and sarcastic tones which he could use with such scathing effect, remarked : "The honest and virtuous gentleman may again take the witness stand and proceed to perjure himself a little more." Pettit's repartee was like a dagger thrust.

A witness that Pettit believed had hed in his evidence once pressed the judge to drink with him. "If for no other reason," said Pettit, "I'll not drink with j-ou, because you are an infamous liar. And I'll thank you, sir, I don't wish to drink with a liar." He was not afraid to say to a man's face what he thought of him.

A Finished Orator

The oratorical powers of Pettit were of a high standard. In delivery he was rather deliberate. Many of his finest addresses were purely extemporaneoiis. The language of which he made use in the exposition and elaboration of a subject was the best that could be chosen. His words, selected with faultless judgment, carried home the idea to the mind of his auditor with a force that made a deep impression.

C. C. Shirley, who once heard Judge Pettit speak at a congressional convention, describes his manner of delivery as "very precise, smooth and oily, and apparent!}- of studied suavity ; exhibiting the fact that he had a rare command of the best and choicest English."

Pettit stood high in his profession and in the trial of his cases he demonstrated his thoroughness, masterly skill, chained logic. keen analysis, correct judgment, shrewdness, and ability to fetter an opponent. He was naturally a diplomat.

An appeal case in which the plaintifif sought the recover}' of damages for some sheep killed by several dogs was tried before him in the old Methodist Episcopal church.

county, and practically had a cinch on the practice. One of the principal attorneys of a somewhat later day, Henry A. Brouse, represented the defendant. Case called for trial. Judge Pettit ready to hear the evidence. The testimony of the plaintiff is soon produced and he rests. Inquiry by the court of Brouse whether he has any evidence. "None," replies that lawyer. "\Miat?" gasps Brouse's client, "hain't you goin' to put in any evidence? That's what I hired you for." Observation by the court. "]\Ir. Brouse, can't you manage to keep that boisterous client of yours still ?" Mr. Brouse looked daggers at his client, who blurted out : "That's all right, Mr. Brouse, you needn't look cross-eyed at me. If you hain't a-goin' to tell this here court some evidence on my side of this here case, I quit right away. There's more'n one lawyer in this town besides you." This remark finished, the court observes : "It is with pain that I again call attention to this matter. I repeat, will you, Mr. Brouse, i.blige the court by keeping that boisterous client of yours still? If not, I shall fine you both." "I'll try, sir," answered Brouse, who knew Pettit's nature too well to risk any display of defiance. "I'll try, sir." Brouse then hastily whispered to his client in husky tones to keep still, for heaven's sake; that no evidence was needed, and that he could beat the plaintiff without any. "The court finds," said Pettit, as he picked up his pen and began writing, "for the plaintifif and "

"That will do. Sit down, Mr. Brouse," said Pettit. Brouse sat down. "You refer to that elementary principle of law that a man is to be held responsible only for the damage done by his own property. The proof in this case does not disclose the amount of damage done by each dog. The court finds for the defendant and -"

The mind of Pettit was keen and incisive, as subtle as that of a sophist, enabling him to draw fine-spun distinctions. From the slightest hint he grasped a point in its remotest connections. The movements of his mind were swift, as straight to the mark as an arrow.

When speaker of the house of state representatives during the war period he displayed great nerve and incorruptible patriotism. Among the offices held by him were consul to Brazil, judge of the eighth and twenty-seventh judicial districts and congressman for three tenns.

James W. Robinson was a singular character. He read much, but studied little. But he had a smattering of a large number of subjects. Incessantlv he bluffed and blustered. With witnesses.

the attorneys, and the court .he would wrangle by the hour. Sarcasms, rebuffs, or reprimands did not abash him in the least, and he persisted in continuing in the same course of conduct confident, to all appearances, in the correctness of his position. Speaking for a defendant accused of larceny he exclaimed : "I tell you, gentlemen, these are the same, identical verbatim boots that my client bought in Cambridge City." In a case wherein he urged an alibi as a defense he said : "Gentlemen, how can you, in the light of the eighteenth and nineteenth centuries, convict my client here? It would be preposterous to convict him when he has already proven an albino." Once again: "Gentlemen of the jury, I want to tell you that Nat Linsday and Hen Brouse, who appear against me, are two of the biggest wind-bags in the United States. They don't know any law. Neither does the judg-e in this case. But I know the law perfectly well and just as it is. Listen, I will give 3'ou the law. It is this. Now don't pay any attention to what Linsday or the judge says, but follow the law as I have given it and you are on the right side. There can be no doubt, gentlemen, but what you will g'ive my client a verdict." Going into the auditor's office one day, Robinson said : "You have got me taxed up here with some land that I never owned."

After searching the records carefully the auditor said : "I find these against you, Mr. Robinson. They show you to be the owner of an acre and a half of land."

Parsons on Contracts has, for years, been a standard authority in this country. But Robinson, on one occasion, didn't think so. Joe D. Johnson vs. James W. Robinson. Case in bailment. Trial upon an agreed state of facts. Johnson reads to the court from Parsons on Contracts.

"Great God!" exclaimed Robinson, throwing up both hands in linrror. "Have you come out here to pull the wool over the eyes of the court, by reading Parsons on Contracts? Parsons is English law. It was written in England over five himdred years ago! It is British law!"

"On the contrary," said Johnson, "I know better. Parsons is the very best authority upon this subject that we are discussing. It is as much American law as the statutes of this state. To say that Parsons is not American law is to talk utter nonsense. The passages which I have read are directly in point." Johnson continued his reading after the delivery of his remarks, but was again interrupted by Robinson, who inquired of the court :

The justice answered : "You may stop reading, Mr. Johnson. I do not believe that your authority has any reference to this case." So Johnson stopped.

But ver\' few lawyers, however, have gainsaid the truth of what Robinson once said : "Nobody but God Almighty knows what a jury will do." A colored man was once defended by Robinson before John W. Cooper, then mayor of the city. Judicially speaking, Robinson's client, when sentence was rendered, received a "l^lack

J. D. Johnson was a young man of considerable brilHancy and had more than ordinary talent. Had he lived he would have "made his mark." He was a good talker, had a good voice, used good language, and presented ably his thought. He did not live lon^ enough to fully mature and develop his powers, but demonstrated to a certainty the fact that he possessed the requisite qualifications to have made a most effective practitioner. Untimely death, however, cut off his hopes in the flower of his youth. His nature was ardent, ambitious, and aspiring.

Xelsoii Purdum, an eaii}' attorney at the bar and first mayor of the city, was a practical lawyer. He detested buncombe, rant and bombast. Hating superficiality he was never guilty of soaring above the heads of a jury. In civil law he was most proficient and it was there that he was in his element. He was a man of good, hard sense, strong in conviction, clever-hearted, industrious and successful in practice. Being clear, simple and comprehensive in statement he generally had little difficulty in persuading the twelve judges of fact to adopt his view of the case.

A Good Collection Lawyer

Joe Lewis had the reputation of being one of the best collection law3'ers in northern Indiana. If anybody could extract blood from a stone or turnip he was the man. \Mien enforcing the payments of collections he never desisted from tormenting debtors and stretching them upon the rack until his demands were fully satisfied. It would have been him exactly to "order out an execution at midnight and to compel the sheriff to levy upon all property instantly. He was nen'ous in writing, in speech, in everything. He would study night and day. Often in his cogitations, when a young man. he would abstract the contents of a book which he held in his hand, while he leisurely walked back and forth. He was bitter in his dislikes and scrupulously tasty in his dress.

Rawson A^aile, more than any other member of the bar, would explore and dive into the depths of old records, minutely and critically examining every mouldy paper buried beneath the dust of the years. It used to be the common remarks of attorneys when they would see him in the county offices : "Well, there is Brother Vaile, again, going into antiquity to see what he can discover." Fiery energv was one of his characteristics. He alwavs walked as if he was in a desperate hurry, and had only a second of time in which to accompHsh a certain act. He moved forward with an impetuosity that threatened his dismemberment. He was of unquestioned rectitude and probity. About the truth he was extremely scrupulous. He would never mislead a client, but would tell him the law as he thought it to be, whether for or against his client's interest. Vaile was tenacious in the advocacy of a proposition. There was no foolishness about him, and he was little inclined to a joke. His strongest tastes were not for the law. At one time in life he was actively engaged in the duties of jnurnalism. He published the Free Territory Sentinel and was one of the editors of the Indianapolis Journal.

In February, 1847, ^lilton Garrigus came to Howard county, being a native of Wayne county, Indiana. Many of the relics of the Indians were still strewn over the grounds, situated in the vicinity of Greentown, upon which Garrigus passed his first night, in company with his father and brother under a rude covering of logs hastily thrown together and wanned by a blazing fire burning immediately in front. Pheasant was the sole dish upon which he made his first meal in this, the Miami reserve. Garrigus farmed the land spoken of for some time, roughing it in true pioneer style, and doing his own cooking. Wild turkej' ranged not far from his door. Squirrels by the legion scampered up and down the trees of the adjacent forest, which stretched away for miles unbroken, and was inhabited by wildcats, polecats, mink and muskrats.

While postmaster at Greentown Captain Garrigus studied law. Trials were held in the postoffice. The Captain borrowed his books of Lindsav & Murrav.

David Nation, famous as tlie divorced husband of Carrie Nation, the Kansas temperance cyclone, was once a lawyer in Howard county, and prosecuted a case in the old Methodist church in the fifties. A gunsmith of Jerome was accused of setting fire to the barn of Harvey Brown, of that place. Wood had been piled against one side of the structure and the flames started. Nation was a verj^ vigorous and capable prosecuting attorney. He was opposed by Captain Garrigus and Joshua Mellett, a noted cross-examiner, who represented the defendant. It was during the trial that William Branhouse realized the full power of Mellett's ability and as he underwent the ordeal the perspiration rolled down his face in streams. The defendant was acquitted because he deserved to be under the evidence, but under Nation's prosecution he had the call of his life. Judge Buckles, of Muncie, was on the bench and Nation then lived in the same city. Kokomo and Muncie belonged to the same judicial circuit. It was the custom for the judge and the prosecutor to travel the circuit together, and that is how Nation came to appear in the trial in Kokomo that year.

The sixth judge of Howard county hailed from ^Muncie. Joseph S. Buckles lived near that city upon a stock farm of six hundred and fifty acres. He was what might be called a farmer judge. Judge Buckles was a fair judge, a man of good natural sense and disposed to be impartial. He was heavy set and imposing in personal appearance, lending dignity to the bench. His disposition was jovial and he loved company. Had he devoted himself exclusively to the law he would have been a lawyer of exceptional capability. But he was largely interested in farming, and this in- terest induced him to neglect the close pursuit of the law, for which he was so well qualified hy nature. The lawyers whispered that he eminently preferred to remain at home and look after his hogs and sheep than hold court. There were eight counties in his judicial circuit, comprising Delaware, Hancock, Hamilton, Tipton, Howard, Grant, Blackford and Madison. Judge Buckles was elected to the bench as a Democrat before the Civil war, but at and after the war he was a Republican. \\'hile on the bench the legislature decided that his circuit was too large and cut it down one-half, making a circuit of Madison, Hamilton, Tipton and Howard counties.

A Change In The Circuit

This change in the circuit removed Judge Buckles from the Howard countv liench, the new circuit nf which it was a part being' presided over by Judge Henry A. Brouse, appointed to fill the vacancy in the bench until the election.

Judge Brouse never admired technicality enough to be skillful in the use and constniction of it. As a lawyer he employed it from necessity. He had a natural antipathy and aversion to it. In taking advantage of technicality he was much more skillful than in the formulation of it. Technicality he regarded as a means to an end - a mode of progress. He believed that cnurts were established to administer justice and that when technicality conspired to this end it ought scrupulously to be observed. That such was the purpose of its existence, and that when it operated to defeat justice or delay right, then it ought to be lightly regarded and overlooked, observed only sufficiently to avoid reversal in the supreme court.

A great lover of what is often spoken of as natural equity. Judge Brouse ever sought to abstract from the mass of confused and conflicting evidence in a case the real and substantial points upon which a trial hinged, and decided for the party with whom lie conceived justice to be on the face of the issues. The honors of his position he bore with becoming modesty and impressed the bar with his evident desire to make a good judicial officer, fair and impartial. He was exceedingly liberal in the admission of evidence. Every syllable of evidence that could throw additional light upon the subject under consideration by the jury was placed before them for their reflection and deliberation. No jury, if he could possibly avoid it, retired to return a verdict with an incomplete, defective and unsatisfactory understanding of the material points in controversy. He never suffered the jury to remain in the dark about a matter.

It was Brouse's idea that the court and bar were examples to the community. For this reason he insisted upon the strictest obsen'ance of the rules by which he governed his court room. He tolerated no offensive personality, no bulldozing, no improper conduct of any kind, and repelled rather than invited the familiarity of attorneys and others, whom he kept at a respectful distance while court was in session. Civilit}-, respect and courtesy were conditions precedent to the transaction of business in his court. Brouse repressed eveiy manifestation of interest for either side by the spectators with an iron hand.

The Anderson bar had the reputation of employing dilatory tactics in their practice. Hearing of this, Brouse, who went there to hold court, was not all pleased. He resolved to inaugurate a new order of things. Court called Case Xo. 10185. A demurrer is filed to the complaint. The swiftness with which it was overruled made the attorney's head swim. Under penalty of the dismissal of the case the lawyer hustled around and files a motion to make the complaint more specific, but Brouse is of the opinion that its allegations are in no wise too general. A motion to file a bill of particulars is presented and overruled, and so on, case after case. Brouse dis-

\\'hen the time came to select a successor to Judge Brouse a convention was held in this city. The names of the ambitious presented iSr its consideration were: Henry A. Brouse, of Howard county; John Davis, of Madison county, and William Garver, of Hamilton county. The convention adopted the two-thirds rule. The respective counties from which the aspirants hailed stood by their men. Tipton divided her strength. The convention, unable to agree, adjourned to reassemble at Noblesville.

Some weeks later, at that place, the contest was renewed with the same result. On one ballot Brouse came within six votes of being successful. But it soon became evident to the delegates that no one of the men being voted upon could be selected unless some sort of a compromise was effected between the candidates. The delegates, exasperated at the turn affairs had taken, put on their war paint and declared that something must be done, and that quickly, too. The candidates retired to canvass the situation. Brouse and Garver agreed to throw their influence to Davis, and in accordance with this compact John Davis was declared the nominee and was elected at the polls.

Judge John Davis, of Anderson, was elected. He was a man of good intellect and scholarly attainments. For a time he was in the employment of a railroad company, and was in corporation law a power, having a wide understanding of technicality in its manifold application. He was especially apt in perceiving the finer shades of distinction between elementary principles of law in respect to their relation to facts. The arts of his profession he exercised more as a scholar than a matter of fact practitioner. He was widely read in history, poetry and literature in general, and was something of a linguist. To become a great chancery lawyer was the acme of his ambition, and this desire occupied his thought by day and dreams by night, and was his most pleasurable topic of conversation. The discussion of but one other theme delighted him as much, that of analyzing the subjects of equity, the origin of that grand science, to ponder over the jurisdiction of its courts, and reflect upon its remedies and its procedure. He had little love for criminal law.

Shortly after taking the bench his body became enfeebled by disease and his intellect clouded. Receiving a stroke of paralysis, he was rendered unable to perform the duties of his office. He refused, nevertheless, to resign. His ofifice being a constitutional one he could not be removed. The legislature of 1871 passed an act to meet the emergency, providing for the choice of a judge pro tem. Governor Baker appointed Judge James O'Brien to this elevation.

A Judge Of Power

O'Brien was a judge of strength, force and power and satisfactory to the majority of the people in eveiy respect. His understanding of the law was broad and matured by research. His decisive mind, active memory of leading cases, high moral standard, steadfastness, unwavering iiminess and familiarity with the details of practice enlisted public confidence and approbation.

Generalh^ cool and collected, when aroused and under the influence of a heated temper, he became a person most impulsive and interrogated a witness savagely. So thorough and deep-rooted was his contempt that when he thought he was being imposed upon his anger arose to a sublime height. The experience gained by a service of four vears as countv clerk of Hamilton countv made him a proficient issue lawyer, and his love of investigation made him study his cases thoroughly. He was not, however, an advocate. His knowledge of men surpassed even his knowledge of books. The cross-examination of witnesses with him was a strong point. Positive in his likes and dislikes, he was a man of strong opinions, friendships and enmities. His appetite for a joke was good and frequently indulged.

John W. Kern And J. Fred Vaile

Two members of the Howard county bar have attained to national fame, J. Fred Vaile, now of Denver, Colorado, and a leading lawyer of the United States, and Hon. John W. Kern, Democratic nomineee for the office of Vice-President of the United States in 1908.

Signal industrA" characterized the work of Mr. Vaile. Everything with which he had to do was done as thoroughly and as promptly as could be expected or as was possible. Offenders, while he was prosecutor, were pursued with relentless persistence. They were not permitted to crawl through any loopholes. He had not the slightest sympathy with crime. Acting as state's attorney in a murder trial at Tipton, Vaile learned that a person living at a distance and in a locality not reached by railroad was in the possession of information, the nature of which was so weighty as to make him an indispensable witness for the prosecution. Many attorneys, notwithstanding the importance of the situation, would have consulted personal ease and comfort and let the matter go by the board. But Vaile was a hustler and had his heart set upon winning a verdict, and was willing to go wherever duty demanded. During the night he drove in a vehicle several miles and had the witness in court upon its opening the next morning. Turning a deaf ear to his father's remonstrances, Vaile, when a youth, ran away to college, en- tering" Oberlin College, Oberlin, Ohio. The expenses of his first year's schooling he paid by choring and cutting wood. He graduated with honor and then taught school in Kentucky. Enthusiastically he sought after everything which promised mental culture and advancement.

Vaile's faculty of observation was acute, critical and broad in its grasp of detail. His power of description was exceptional. Upon ever}' subject he brought to bear his scholarly attainments. In argument to court or jury he was strictly methodical and strictly logical, and in effect the manner in which he let drive a disastrous array of facts at the opposite party's side of the case resembled the steady and continuous beating of a sledge hammer, increasing in force at each successive blow. With his mode of interrogation he elicited testimony in a clean, clear-cut and exhaustive manner. When Vaile concluded a severe cross-examination the whole of a witness' knowledge was laid bare for the jury's consideration, and all his weaknesses exposed. He secured the only death penalty ever obtained from a Howard county jury. In a case involving technical chemical knowledge his argimient reflected the learning of a college professor.

No Previous Preparation Necessary

John W. Kern, without any previous preparation, can come into court, read over the pleadings and become so familiar with it that to all appearances he can try the merits of a cause as successfully as if he had studied them for weeks. His fertility of expedient is brought to light at almost every turn of the case. A weak place in an opponent's case he detects in a flash. A legal controversy would have to be diyer than the sands of the Sahara if he did not get some kind of fun out of it. When Kern began his career as a lawyer he was not exceedingly well versed in the practice. One of his first cases was a suit upon a promissory note. The case was to be tried at Tipton and thither Kern went to look after the interests of his chents. He was not expecting- the defendant to make an appearance, but contrary to Kern's expectations that personage was represented in court by Judge Green.

There is an expression among the attorneys and pecuHarly in the courts like this : "Let a rule go against the defendant, or plaintifif, as the case may be." To "take a rule" is to obtain an order of court that the defendant answer the plaintiff's complaint, or that the plaintiff reply to the defendant's answer. Of these things Kem was ignorant and when he learned that he must contend against Judge Green he became confused and greatly embarrassed. He was at his wits' end and floored. Judge Garver was on the bench and after waiting some time, said: "^\'ell, what are you going to do, Mr. Kern? Will you take a rule?" Kern now saw a way out of his difficulty. He knew that the sympathetic judge would not mislead him. So with his eyes flashing triumph and with an air of crushing learnedness, Kern remarked : "Yes, your Honor, yes. I belie\-e I will take a rule."

Kern is ingenious and knows where to strike and when to let a witness severely alone. He never allows an opportunity to raise a laugh slip by. He has - call it what you will - an innate genius, an inherent power or peculiar talent for the defense of those charged with crime.

After three years in the University of ^Michigan, at Ann Arbor, a tall, slender youth returned to Kokomo one day in 1869 and hung his shingle. It read : "John W. Kern, Attorney at Law."

once had a thriving" practice. Of course, most of it was in the justice of the peace courts of Howard county, but the experience he gained there was invahiable. Of Kem as a lawyer at this time C. C. Shirley, formerly a Kokomo attorney, but now of Indianapolis, recently gave this picture:

"I first knew of him in the justice of the peace courts of Honey Creek township. As often as he was an attorney in a case I was present at the trial. I was charmed with his eloquence and drew ray early inspirations from him at the bar. There are no courts which represent the human passions, humor and pathos more potently and effectually than the justice of peace courts. In them John W. Kern was perfectly at home. He ran the gamut of human emotions and sympathies. He had a big heart himself and understood human nature perfectly, and consequently was a perfect master of the human heart and played upon the heart strings at will."

Kern's success in the criminal practice lay not alone in his natural eloquence. He was shrewd in legal expedient. In one trial, where his client was accused of stealing a pocketbook, he procured a money wallet as near like the one taken as possible. He pressed the prosecuting witness to a positive identification of the missing pocketbook, using, of course, the substituted article, with the result that the prosecution was put to rout and humiliation.

In another trial he all but ruined a witness. Without a sci'ap of evidence upon which to rely he suddenly yanked open a drawer of a desk of a table with which the circuit court room of Kokomo was provided. Looking the witness upon the stand full in the eye, he queried in fierce tones, as he produced a blank sheet of paper: "Did you not upon a certain occasion testify so and so in this mat-

One of the early trials participated in by Mr. Kern was a litigation over a red shawl - a suit in replevin - which originated in a justice of the peace court at Russiaville, but which controversy, before it was concluded, cost the defeated party several hundred dollars.

Judge L. J. Kirkpatrick relates an amusing account of how Mr. Kern initiated him into the practice. A young, struggling and ambitious attoi-ney, he thought well of Mr. Kern's proffer that he act in his stead in a case which Mr. Kem had for trial at Miami. The judge went to the scene of the trial and found that Mr. Kern's client was stark mad, a fact he learned afterward that Mr. Kern knew. The crazy client had terrorized the town, but Judge Kirkpatrick was tactful enough to get the man to understand that he was his friend and looking to his interests, and kept the man quiet reasonably well, but made his escape from the town as soon as possible to take Kern to task, who laughed with the young lawyer over his exciting experience.

Kern And Rawson Vaile

Earl}- in his legal experience Mr. Kern ennnnitered, at the Howard county bar, Rawson Vaile, an editor of the Indianapolis Ji.urnal before the Civil war and father df J. Fred Vaile, of Denver, Colorado, a schoolmate of Mr. Kern, and now one of the Ijestknown lawyers of the West. The elder Mr. Vaile wore a silk tile. Kern was making an argument to the court, but his keenness for a joke got the better of him for a moment. He l^rought liis law laooks down on Mr. Vaile's plug liat with a cra.sli, mashing it completely. Attorney Vaile was livid witli rage and the court threatened Mr. Kern with a line for contempt, ^^'ith all the wit of which he is the possessor, he begged the pardon of the injured lawyer and implored the mercy of the court, pleading inadvertence during the heat of an argument.

Is Chicken-Hearted

It is said of Mr. Kern here that he was always "chicken-hearted" in the matter of collecting fees. He was for several years a law partner of Judge B. F. Harness. They tried a case in which they saved for a woman who was unable to talk, for the lack of a palate, forty acres of land. When the case ended the flient, with her little boy, who did the talking for her, entered the office and asked to know the fee expected. The lawyers talked the matter over and Kern suggested $75. When the sum demanded had been made known to the woman she proceeded to extract se^'eral greenbacks from her stocking, counting out $75 from a roll afterward ascertained to contain $635. She remarked that she had brought this sum along to pay over as a partial payment, expecting to pay the rest in the fall when she sold her corn.

Cooper And Robinson

Upon coming to Kokomo to engage in the practice of the law John W. Cooper formed a partnership with James W. Robinson. Robinson was to receive three-fourths of the fees and Cooper onefourth. Fees ranged from two to ten dollars in each case. Twentyfive dollars was considered a corpulant compensation. Their first case netted them five dollars, of which amount Mr. Cooper received one dollar and twenty-five cents. Finally Cooper started a law office of his own. He soon did a good collection business. Collections were not then sent to banks as now. but went to swell the volume of an attorney's business. At this time - about 1861 - available case precedents were few. Indiana reports were not numerous.

The business of lawyers mostly concerned probate and collection matters. Rules of practice were not well defined. Injunction suits were rare and considered as wonderful. One of his first cases was John Langley vs. the Chicago and Great Eastern railroad for the killing of a colt. Cooper was greatly at a loss whether or not to allege in his complaint that the cars were run purposely, maliciously and willfully over, upon, and against the colt, whereby and wherefrom it, the said colt, died from the said injuries then and there inflicted in the manner aforesaid. Although he proved that there was no fence where the colt was killed, instead of where it entered upon the track, he received judgment for more than his client had paid for the animal.

Mr. Cooper is slow in speech, deliberate in act. careful and sound in thought, generally correct in his estimate of character, judicious in statement, conversant with law, and thoroughly posted on the clerical branch of the practice.

Colonel X. P. Richmond had talent as a lawyer far above the ordinary and when he tried was a formidable and well-nigh invincible antagonist. He had a fine legal judgment, but was an indifferent student. He was a man of well-balanced powers, of good physique, popular as presiding officer of conventions, and the possessor of a strong, clear, voice. When he was filled with zeal and exerted his powers to the uttermost his opponents were driven to their wits' end to outdo him, break the force of his appeals to the jury, and get the upper hand in order to gain the ascendancy.

Charles E. Hendry, sanguine in temperament, was easily depressed and discouraged, and when he perceived defeat certain would abandon his case into the hands of his associate counsel. He was a painstaking voluminous pleader and partial to the prolix common law formulation. Facts he presented to the jury in the best order and with comprehensive system.

Arthur Bell died early in life. He was a lawyer who was thorough in investigation and one that got at the kernal of the case. For the practical things of life he entertained the highest regard and seemed to care for little else. Considering his health, which was not vigorous, he applied himself to his studies too closely. Criminal cases seldom engaged his attention as an attorney. Apparently he loved best to deal with cold facts and it seemed to be his desire to make the law apply to them as closely as paper fits to the wall.

Jacob H. Kroh was an attorney who entered upon the trial of a cause hammer and tonges style. He was a man of average speech, deep human sympathies and efifective. but limited in the practice of the law by a distrust of his own powers. He had fine clerical abilities and in the later years of his life was an unqualified success in the capacity of pension attorney.

Characteristics Of Dan Bennett

Illustrative of the characteristics of Dan H. Bennett as a lawyer at the Howard county bar. the story told of him by John W. Kem, is apt. it being as experience occurring during a trial before Justice Benjamin Moon, Mr. Kem being the opposing attorney.

"One Murphy was on trial for larceny in Moon's court. Bennett, who was then editor of the Howard County Republican, had been subpoenaed as a witness. Failing to respond, an attachment was issued and placed in the hands of Isaac Dick, constable, who, after visiting Bennett, and serving the writ, brought back a message from that gentleman to the justice, requesting him to go to h - . The dignity of the court was all torn up, but while the trial was yet in progress, Bennett appeared, testified, and was leaving the room, when Moon with a voice pregnant with authority said : "Hold on, Mr. Bennett, there is an attachment here against you for disobeying the process of this court." Bennett halted only long enough to tell the court in language both profane and vulgar what he might do with his attachment and again started to the door.

"]\Ir. constable! Seize that man!" shouted the Justice. "Take him. Take him." The constable taking in the mammoth proportions of the delinquent assured the court of his inability to do so. "Then call the posse comitatus" - by the Eternal call out the militia," yelled the now thoroughly frantic scjuire, but Bennett had gone and further proceedings under the writ were never had.

"There was a surety of peace trial by jury in Moon's court, in which Bennett represented the defendant, a Mrs. VanHorn. In the course of his argument Bennett abused my client, the prosecuting witness, most shamefully. The jury disagreed and the case was set for retrial on the following da}'. Knowing of the strained relations between the court and Bennett I concluded to stir up the monkeys and have some fun.

"So, before going into the second trial, I had a private interview with Moon and pointed out to him the outragerms manner in which Bennett conducted himself in the argument, assuring him that it would not be tolerated in any other court, and succeeded in convincing him that Bennett carried on that way just to bring his court into disrepute.

"I got Moon thoroughly aroused and he assured me tliat if Bennett undertook to repeat his abusive argument of the day before he would stop him at all hazards and maintain the dignity of the court.

How This Thing Worked

"Tlie old thing worked to a charm. In liis argument Bennett fairly outdid himself in the way of villification. I -waited until he was at the very summit, when I arose and asked the court to assert its authorit}- and not only protect my client from this frightful tirade, which was all outside the evidence, but at the same time maintain a dignity which belonged to a court of justice.

"The scjuire. with a great show of authority, informed Bennett that he had tolerated that style of argument as long as he intended to and he would no longer permit it. That if he proceeded it must be within the laAv and the evidence.

"Talk about thundergusts and cyclones. I never heard of such a torrent of abuse as Bennett let drive at the squire. T have a right,' said he, 'to be heard upon behalf of my client. I speak under the authority of the constitution and the laws of my country, and I allow no wooden-headed justice of the peace to dictate to me what I shall say, or what I shall not say. You ( turning to ^loon) undertake to dictate to me what I shall say. Don't you forget, sir, that I am fully able to make ni}- own arg-ument for myself, and don't }-ou think that I will let a one-horse squire dictate to me. Not another word out of you. sir.'

"These words rolled out like a tornado and were emphasized by Bennett's violent gestures and flaring eyes. Moon was scared nearly to death and was the picture of helplessness as the trial proceeded. Further along in his argument Bennett said : 'Gentlemen of the jury : This sorrel-topped justice of the peace may have the audacity to instruct you as to what the law is. If he does you will pay no attention to what he may say. He knows no law, never did know any, and is not presumed to know any. W^hy he should attempt to instruct mai of intelligence, like you. I don't know, but if he

We are now in Judge O'Brien's court. The trial of a writ of habeas corpus is in progress. For the petitioner, John W. Kern. The defendant appears by attorney, Dan H. Bennett, who administers a severe excoriation upon Kern's client. Taking umbrage the client loses his temper, becomes hot headed, rolls up his sleeves, displays fine muscles, as if preparing to whip Bennett. Kern and others grasp the aggressor and calm him down. During the exciting scene Bennett remains calm and unmoved, continues to address the Court and takes no notice of the occurrence. Upon being asked afterwards about the incident, Bennett said : "Did you see that chair in front of me? Had the whelp attacked me with a single blow, I would have brained him upon the spot."

During Judge O'Brien's administration upon the bench a new judicial circuit was formed comprising Howard and Tipton counties. Thomas A. Hendricks was then governor of the state, and he appointed to the bench Clark N. Pollard, March 12, 1873. The special election to choose a successor to Judge Pollard was set for October, the same year.

The campaign was a hard fought one. Judge N. R. Linsday was the Republican party nominee, while Pollard, with the consent of his party, aspired to the position as an independent. T. C. Philips fought Pollard through the columns of the Tribune Angorously, while Pollard was supported ably by D. H. Bennett, then conducting the Howard County Republican. The result of the election was the defeat of Judge Linsday. Pollard served until November, 1879.

A\'liile on the bench Judge Pollard made an unusual record, that of reversing the Indiana supreme court, interpreting the law more accurately than the state tribunal. A man b}- the name of Heck, who was a subject of Queen Victoria, and a resident of Illinois, had bought timber on the railroad line north of Kokomo. He cut the timber into wood, under a contract with the P. C. C. & St. L Railroad Company, which company had agreed to purchase the wood. The wood was to be hauled and ricked along the railway line, then to be measured and paid for by the company. The wood was cut and ricked, according to contract, but the railroad company refused and neglected to measure and receive it, for a long period of time. In the fall of 1871, it being an excessively dry season, the wood caught on fire, and was destroyed. Althoug^h it was insured, and the policy paid by the insurance company. Heck sued the railroad company, to recover the value of the wood. Pollard held that the measure of damages was the contract price for the wood. The supreme court of the state, re\-ersed the case, holding that the measure of damages was the market value of the wood at the time and place of its delivery. After this reversal by the supreme court, ^Ir. Heck dismissed his case in the H()ward circuit court and brought suit in the United States court in Chicago. He was there successful, that court holding, as had Pollard. Upon appeal to the United States supreme court by the railroad company, the principle of law laid down by Pollard was again sustained.

Judge Overman Was Generous

round of the ladder, a man who stood by a friend to the last, and who was one of the people. One of the parties to a divorce case which he was hearing in a side room and which was thought to smack of collusion, was afflicted with a muscular trouble which caused him to contract his eye lids frequently. Chancing to glance at this individual, Overman thought he was winking at him for the purpose of influencing his decision. This made Overman "red hot". And he passionately exclaimed, "D - n you, st(jp that winking at me." Ovennan was one of Tipton's noted and public spirited citizens, whose career was closely identified with its best history. While on the bench he displayed an indefatigable industry, and he had a ceaseless desire to render justice to all clients. Although the educational facilities of his youth were of limited aijoyment, yet the position which, at the time of his death, his native industry' and intellect had won for him in the domain of literature and science was to be pointed to with pride. His researches and contributions to scientific and historical literature had rendered him almost if not quite as honored as his judicial career and were monuments to his intellectual achievements.

Judge Overman died in office and his unexpired term was filled by Judge O'Brien, appointed to the vacancy by the governor of the state. At the ensuing election Dan Waugh, of Tipton, was chosen judge by the people. Overman's successor in office was Dan Waugh, of Tipton. Following him upon the bench was L. J. Kirkpatfick. He in turn was followed by Judge Walter Mount and he by J. F. Elliott, the successor of whom was Lee Nash, of Tipton.

The Spanish-American War By Otis C. Pollard

^^'hen in February, 1898. the battlesliip ]\Iaine was sunk in Havana harbor and nearly ah on board lost their lives by Spanish treachery, the soldier spirit of Howard county was again aroused and men were not wanting to answer when the summon came that soldiers were needed for the Spanish-American war and Company L of the One Hundred and Fifty-eighth Regiment Indiana Volunteers was the answer. The histoiy of Company L is herewith appended.

This company was organized at Kokomo, February 4, 1892, b}' A. N. Grant, the first officers being A. N. Grant, captain ; Edward Kiefer, first lieutenant: Charles Hansell. second lieutenant, and was called the "Grant Fencibles." The company was assigned to the Second Regiment, "Indiana Legion," and attended its first encampment at Frankfort, Indiana, during the summer of 1892. The company also attended and participated in the dedication exercises of the Columbian Exposition in the fall of 1892.

Upon the resignation of Captain Grant and Lieutenant Kiefer, new officers were elected in June, 1893, Albert Martin being elevated to the captaincy and Charles Hansel chosen first lieutenant. Robert L. Jacobs was also chosen second lieutenant. The company attended the encampment at Terre Haute, Indiana, during the summer, and in the fall of 1893 was ordered to Robey, Indiana, and with three companies assisted in suppressing the notorious Robey prize fights, being held at the Robey race tracks. Upon a reorganization of the state troops, which was made in 1894, the company was again assigned to the Second Regiment of the Indiana National Guard and was ordered to Hammond, Indiana, in July of 1894, to assist in the suppression of the Pulhnan strike and riots. Owing to tlie experience of Captain Martin in Indian uprisings and other mihtary expeditions, while in tlie service of the regular army of the United States in years past, Company L was selected to head the column and had the distinction of being the first company to march into Hammond. The compau)- was on duty sixteen days at Hammond and East Chicago.

Officers Are Changed

Upon the resignation of Captain Martin in the spring of 1895, Will T. Meek, afterwards city clerk of Kokomo, was elected captain, R. L. Jacobs, first lieutenant, and Philip Owen, second lieutenant. This year the company attended the state camp at Indianapolis. In the fall of 1895 Captain Meek resigned and Captain Martin was i-e-elected and served until his death, in February, 1896. Robert L. Jacobs was then chosen captain, Philip Owen, first lieutenant, and Claude Scoven, second lieutenant.

When war was declared with Spain, Company L was ordered, with other companies, to mobilize at Camp Mount, Indianapolis, and the compan}- left Kokomo, April 26, 1898. Lieutenant Scoven failed to pass the required medical examination and Joseph Lang was elected to fill the vacancy in office occasioned by his rejection by the medical examiners. Company L was mustered into the volunteer service as Company L, One Hundred and Fifty-eighth Indiana Volunteer Infantry, May 10, 1898, with eighty-six men, the officers being Robert L. Jacobs, captain : Philip Owen, first lieutenant, and Joseph Lang, second lieutenant.

The company left Indianapolis in May, 1898, and arrived at Chickamauga Park the same month. In June Cnr])oral Lewis Bridenstein was detailed as special recruiting ofiicer and sent home to recruit the company to its maximum strength of one hundred and six men. The company was ordered to Camp Poland, Knoxville, Tennessee, in August of the same year, and went into camp there. The One Hundred and Fifty-eighth Regiment, to which Company L belonged, was ordered to Camp Mount for mustering out. arriving there in September. Company L, with other companies, was furloughed for thirty -days from September 17th and arrived home in Kokomo shortly afterwards. The company reported back to Camp Mount on October 17th and was given final discharge November 4, 1898. The company did not reorganize upon the reconstruction of the Indiana National Guard and therefore ceased to exist.

By Otis C. Pollard

The Indianapolis & Peru Railroad was the first to be built through Kokomo. Its construction was started toward Kokomo as early as 1852. The New London Pioneer did excellent service in enlisting popular favor in behalf of this enterprise before the fifties were reached. Colonel C. D. Murray was the agent at Kokomo, who collected the subscriptions of stock taken in support of the enterprise. The line was first built out of Indianapolis as far north as Noblesville. The road consisted of planking, which was crowned with an iron strip. This was the kind of rail employed, and which served all practical purposes for some time. Travel necessarily over such a line was very slow ; little better than a horse could jog along. The train had to move with a due regard to its ability to keep the track, and it was not an infrequent thing. say those most acquainted with the subject, that the engine jumped tlie track and had to be returned to its proper place with jackscrews, which were always carried in the baggage car, ready for any such emergency which might arise. Then there was the danger of the thin iron piece which formed the top of the rail warping under the rays of the sun and the occasion was not rare upon which the train had to be stopped to perniit of the track being nailed down to allow of further progress. Mrs. L. E. Harrison was a passenger over this road in its very infanc}'. She was attending a private school at Indianapolis and returned home with her father, who was serving his first term in the legislature. After the journey to Noblesville, a tedious one at best, had been accomplished. Judge Linsday was met with his farm employe, who had brought for his use a large, magnificent horse of the breed which he (Judge Linsday) always possessed, and upon the back of this faithful steed he rode to Kokomo. Mrs. Harrison, then a young lady, was placed in a large wagon, provided for the accommodation of travelers north, and entered upon the trip to Kokomo. The ground was covered with ice, and the wagon wheels sank into the mud up to the hubs. After many hours the wagon drew up to the door of a hostelry at Tipton, where the party rested, feeling utterly exhausted. It was such conditions as these which formed public opinion to welcome the advent of a railroad line connecting the north with Indianapolis and the east. It was not only the desire for speed and convenience in travel, but to quickly and easily reach various markets as well. In 1852 Captain Milton Garrigus was busy in helping grade upon the line, boarding with his assistants at the old McClintock house in Kokomo, then the only hotel and a notable house in its day.

old log courthouse was the scene of a jollification at which Judge Linsday, Colonel C. D. ^^lurray and Dr. Corydon Richmond were chief speakers. The fight to get the road along its present route, Buckeye street, was won by the exertions of the merchants, who desired to save drayage bills, as they reasoned the matter in that dav, being afforded the privilege of having goods, as they hoped, unloaded at their very doors. Buckeye street was then the Wall street of Kokomo, and it was believed that it would remain the heart of the business section by reason of the location of the railroad, an expectation destined to be disappointed. Be that as it may, it was the scene of the principal commercial activity in Kokomo in its day. The fai-mers' wagons drew up to its stores, and produce and grain found their way to the foreign market, passing over this street, which was a commercial triumph. Kokomo was proud in those days. Her leading citizens saw the opportunity of Kokomo becoming a second Indianapolis. At any rate, the arteries of trade expanded, she felt the inspiration of the new road and started upon a career of growth which she has not since abandoned, but has ever since continued. An elevator business was not long in establishment and the claims of magic change from the presence of the road were more than realized. For some months Kokomo was the terminus of the line. A hack carried passengers through to Peru; those who might desire to proceed to that destination. Samuel C. Mills was the first agent of the company in Kokomo. in which capacity he continued several years. He and Dr. Corj^don Richmond donated the present depot site. Dr. Richmond surveyed it and Mr. Mills carried the chain. It was a part of the Mills & Richmond addition, and they donated the railroad company a number of lots. This for the reason that David Foster was a formidable competitor against them for the location of the depot upon property of which he was the owner. Mr. Mills built a large frame structure tipon the site of the Howard flouring mills, which ser\'ed at first as a warehouse for the company's freight and as a passenger depot, and was so utilized until the company erected a depot upon the spot now occupied by its passenger and freight station. In time the road was extended to Peru and ultimately to Michigan City. Then the cup of joy in Kokomo was full.

The Pennsylvania Line

But the pride of the citizens in the future was further increased in the announcement that the Pennsylvania line was to pass through Kokomo. During the fifties this road was built and Kokomo enjoyed still a wider field of commerce than ever before, as did the county. For a few years the road was called "the jerk water road," due to the fact that the territory over which it passed between Windfall and this city was swampy and undrained, and in the spring of the year, in particular, the heavy weight of the train passing over the line would throw the mud and water up against the car windows in streams. The instances are numerous where locomotives were derailed, owing to the unsafe condition of the tracks. Milton Garrigus was a passenger in the first train which passed over the new line going from this city to Logansport. He describes the trip as rough and perilous and exceedingly tedious.

The Most Important Road

Perhaps the most important railroad acquisition of late years was the Cloverleaf line, which gives markets to the extreme West as well as to the Eastern seaboard. In the start this great road consisted of a small line between Frankfort and Kokomo, and the road was known as the F. & K. line. It was a standard-gauge line, with

Frankfort and Kokomo as terminal points. The original depot in Kokomo stood upon Elm street for several years, a small frame structure. A leading spirit in the promotion of the building of this road was Henry Y. Morrison, of Frankfort. A. Y. Comstock was a lieutenant in Kokomo. The road was voted a subsidy of about four thousand dollars a mile, only about three thousand dollars of which was collected. In the end the promoters of the enterprise turned over the rights of way, subsidy and all assets to the contractors, who decided to advance further money, upon condition of completing the road, which was effected. The road was started in 1873 and finished in the spring of 1874. The road being a short line with no feeders, and depending alone upon local custom, had a hard pull for a period of several years. Finally, in 1880, negotiations were started for a road from east to Avest, the line being known as the Toledo, Bloomington & Western. The Frankfort & Kokomo line was in the path of the new road, but this property had been purchased by the Lake Erie & Western Railroad Company, which sold the line to the new corporation, but reserved the right of way through Frankfort, making it necessary for the new company to pass through that city by an independent route. The road was changed to a narrow-gauge. It was operated in this manner until it passed into a receivership, being later bought by the Toledo, St. Louis & Kansas City Railroad Company, which changed the line back to the standard-gauge. The line from the east reached Kokomo January i, 1881.

Kokomo's commercial prosperity was further advanced and enhanced by the construction of a street railway line, which has developed into the Kokomo, Marion & Western Interurban Railroad Company, with a line from Kokomo to Marion, a profitable property, while a line between Kokomo, Lafayette and Terre Haute iis in its incipiency, but a certain thing of the future in all probability.

Perhaps as great a stimulus as Kokomo has experienced from raih'oad building was in the advent, a few years ago, of the lines of the Indiana Union Traction Companj' through the city. It is the peoples' road, and freight service is as handy as the groceryman's delivery wagon, while the passenger patronage is remarkable.

Kokomo's railroad facilities are little short of remarkable, the size of the city considered, and by reason of them she has thrived as a manufacturing point after the virtual depletion, if not relative failure, of natural gas, which is no longer to be had as the "cheap fuel for factories in unlimited amounts."

Xorth, east, south and west, Kokomo is conected by rail with the busy marts of trade, and thrives in consequence of excellent and perfect railroad facilities and reasonable rates.

Probate And Common Pleas Court

Nathan C. Beals, the first probate judge in the county, was a plain, good-natured, unsophisticated farmer, and a man of average intellect. He never had a legal education.

Benjamin Lesoura, successor to Beals, was an honest, upright and industrious man of ordinary powers of mind. He was a farmer by occupation and not a lawyer. At one time he lived near Alto and was in moderate circumstances.

May 14, 1852, an act of the legislature was approved by the governor which abolished the probate courts and established common pleas courts. All business pending before the probate courts, and all business transferred from such to the circuit courts, and all business commenced in the circuit courts by virtue of any local law. was, by an act of 1853, transferred to the courts of common pleas in the proper counties.

E. S. Stone was the first judge of the common pleas court. Stone was a quiet, modest, and intelligent lawyer of fair ability. He was tall, slender, and cadaverous in appearance. Stone had a habit of parting his coat tails and thrusting them forward. In this position he would hold them by ramming his hands into his pockets. After one Jonathan William Evans, of Hamilton county, had made a somewhat sophomoric argument and had sat down. Stone went through his customaiy performance of so arranging his coat tails, and then observed : "If the gentleman had only plucked a few feathers from the Avings of his imagination and stuck them in the tail of his judgment, he would have fared better."

Nathaniel R. Linsday succeeded Stone. He was twice elected judge of this court, but resigned before the end of his second tenn. Before he was eight years of age he was left, by the death of his father, to orphanage and penury in a wilderness home, and without property, or a father's counsel, commenced the battle of life, in his early youth, in the midst of circumstances that seem to the present generation very unpromising. And he gave evidence of his ability and trustworthiness to be elected justice of the peace at the age of twenty-four years, considering the fact that at the time of his selection to the ofifice, 1839, the position was very important. He was a member of the legislature, engaged in codifying the laws of the state after the adoption of the present constitution, and arose to be a leader among the people where he resided, and was best known, and had a reputation throughout the state as an able lawyer, a sound, safe and conservative legislator. In the last years of his life he was engaged in the advocacy of a system of a reform of the mode of trials by jury and to enlarge the amount of property to be held exempt from execution. As a lawyer he was distinguished for his ability as an advocate and tact in the management of a trial of a cause and for his fidelity to his clients and courtesy to members of the profession and the courts.

Judge Green

Judge Green, of Tipton, was the third judge of the court. Extending his hand. Judge Green greeted an acquaintance with a cordial smile and was social with everybody. The duties of his ofiice he performed in a plodding but conscientious manner. Principally and essentially a pioneer lawyer, he tried a case in a plain matter-of-fact style, exactly as our rough-and-ready forefathers felled the trees of the forest and drained the large swamps with which our land was covered. He clothed his thought generally in unembellished and commonplace language and exemplified it with the most simple and homely illustration. His heart beat with munificent impulses. Kind, benevolent and obliging, he so endeared himself to the younger attorneys, who practiced before him, whom he would aid and assist in a hundred little ways, that they, advanced to years of age, remembered him with deep gratitude.

Green was a jolly man and very fond of a joke. It is told of him that during the prevalence of high water in Tipton - and in an earlv dav high water prevailed there nearly all the year - he was

Last Common Pleas Judge

William Garver, the last common pleas judge, lived in Hamilton county, where he began the practice of the law. His preceptor in the law was Isaac Blackford, later judge of the supreme court of Indiana, and annotator of the Blackford reports. From this painstaking master, who bore the reputation of being a keen criticiser of his students, Garver became quite thoroughly grounded in the rudiments of the law. While Garver never made anything more than an ordinary reputation in the law, he developed considerable strength when it came to taking a common-sense view of a case. He was a state senator and a state attorney, but as a candidate for circuit judge and congressman he was defeated.

By act of March 6, 1873, courts of common pleas throughout the state were abolished. The thirty-sixth judicial circuit was formed and James O'Brien was ousted from his office as judge pro ton. of the seventeenth judicial district, as Judge Davis was not an inhabitant of any one of the counties of which it was composed after being separated from the two counties mentioned. In subsequent years Judge O'Brien was a resident of Howard county, wherein he served upon the circuit bench as appointee to succeed Judge Overman, of Tipton.

Reminiscences Of Lewis Cass Bell By Otis C. Poll.-Vrd

Lewis Cass Bell, claiming the distinction of being tlie first white child born in Cass county, and also claiming that Cass county was named after him, was }-et alive in 1908, and related his experiences with the Indians of Howard county, over which he mamed as a pioneer hunter.

Mr. Bell knew personally the Indian chiefs of this part of the Miami reserve and hunted with them all. Chief Kokomoko was head of a \'illage, extending from the corner of Sycamore and Main streets to Wildcat creek, and including perhaps one hundred wigwams. Chief Kokomoko, Mr. Bell says, was friendly with tlie whites, and used the pale face well. Physically he was a large man. but he dearly loved his whisk}', and was not of much personal force or character.

Chief Shappendocia (spelled phonetically), founder of Greentown, ]\Ir. Bell declares to have been one of the best Indians he e\-er knew. He did not drink a drop, and he and his wife were the only two of his villag'e who did not drink. The chief was greatly in lo\'e with his wife, whom he procured under unusual circumstances. Her first husband was a hard-drinking", worthless Indian and did not treat his scjuaw well, and upon meeting Shappendocia she resolved to leave her husband. An elopement was planned and carefully executed, but the deserted husband, learning of tlie situation, resolved to gi\-e pursuit and kill Chief Sha]5]5en(locia. The latter, learning of this fact, dismounted from his pony, and giving the reins to the squaw, with directions to proceed. Chief Shappendocia hid luhind a tree and awaited the arri\-al of the pursuing husband. When he came within shot, Chief Shappendocia picked him off the saddle

Chief Shappendocia had many of the ways of civihzation. He played a \-iolin well, was a good talker, using very correct English. His home, a cabin of two rooms, was well kept, one side being used for a small store which he conducted. The chief also farmed a little, making a specialty of corn and beans, and raised some live stock. When the Indians left the resen-e. Chief Shappendocia sold out and went west with his people, but he told Mr. Bell that if he "did not like the new location he would come back," but he never returned.

Indian Villages

Chief Squirrell's village formed the third of a link of Indian settlements of the pioneer days. His seat of g-overnment was located near Pipe creek, in Cass county, but the village bore an intimate relation to the pioneer and social life of Howard (then Richardville) county. Chief Squirrel! was a small, quick, active man, a g"ood Indian, and popular with his people and the whites.

To the north still was the powerful village of Chief Francis Godfrey, a man of massive size, whose belt was almost equal to the girth of a saddle. He had a wide and overshadowing influence over the Indians of Howard county, and even among the whites.

Mr. Bell was as much identified with Howard as with Cass county. He was a noted hunter, making his living in that wa}'. He formed the acquaintance of "Indian Tom," who belonged to Chief Shappendocia's village, and they were boon companions in the hunt. Mr. Bell lost the Indian's friendship through a joke. Finding "Indian Tom" asleep one day upon a log. Mr. Bell slipped up without making any noise and abstracted the Indian's rifle, which rested at his side. Then secreting himself, he cried like a wildcat. The In- diaii jumped to his feet and grabbed for his gun, but finding it gone, instantly detected the presence of Mr. Bell. The red skin was very angry and sullenly demanded his weapon, which was at once handed him. He quit the scene with angry strides and never afterwards spoke to Mr. Bell, being so ashamed at being outdone in this manner, which was a blow to his pride. Whenever Mr. Bell visited the village of Chief Shappendocia "Indian Tom" always left.

^Ir. Bell, like the Indians, earned his chief money by shooting deer, wolves and game of all kinds for the furs. One year he and Isaac Fickle killed three hundred deer, besides other game. Bell was an expert shot. Early in the fall he would take rifle in hand and start into the deep forests which then covered a tier of counties in the reserve. Weary with the hunt of the day, he would build a fire to keep away the wolves and gather brush for a bed and without bed covering of any kind lie down to peaceful dreams. Though the snow lay deep upon the ground, no bed covering was needed. Attired in wamus, buckskin breeches and moccasins, the bitterest cold would have no effect upon him. For supper he would bring down a fat squirrel and roast him by the fire, eating the toothsome meat with dry bread, always carried by the hunter.

Wolves in this country were still so troublesome in Deceml^er, 1847, that a premium of three dollars and fifty cents in addition to the lawful fee was offered by the county commissioners for each scalp presented the county, clerk.

In the early forties the Indians were yet numerous in Howard county. One day several of them, while dnmk, appeared at Judge Linsday's cabin door. His daughter, Mrs. L. E. Harrison, was nearly frightened out of her senses, and as the cabin was not chinked - that is, the spaces between the logs were open - she began to climb to the loft, screaming for her father at the top of her voice. When he arrived she had reached the loft and was seated on a pole.

trembling with excitement, while the Indians roared with laughter. The judge commanded her to descend, and giving the Indians something to eat sent them away.

The Indians came near breaking up the first Fourth of July celebration held in Kokomo in 1847, at the Sulphur Springs, a site since builded over, on East Mulberry street. At this time the site was covered with a dense woods. People came from over the county, but not to exceed fifty people were present, but all were intensely patriotic, and the day was celebrated in a memorable manner. The people broug'ht their dinners and remained during the entire day. The speeches were made by Judge N. R. Linsday and Colonel C. D. Murray, pioneer lawyers. During the celebration an Indian, who was under the influence of drink, and perched in a tree, caused great confusion. David Foster, who had an unbounded influence over the red skins, strapped his blanket on his horse, rode away with the Indians following, and persuaded the feathered and painted visitors to leave the scene that the celebration miglit proceed peacefully and without interruption. There was no lack of noise and the boom of the anvil gave all the necessary artillery and explosive effect. Judge Linsday and Colonel Murray stood upon a stump during the delivery of their speeches. It was the habit of using a stump as a platform in an early day in Indiana that the phrase orig-inated of "taking the stump," applied to political campaigns.

Frequently the Indians would get drunk and run whooping through the village of Kokomo like madmen, or dash around upon their ponies. They were really dangerous, but never hurt any one. They always seemed in fear of the government.

David Foster, the founder of Kokomo, was a notable trader with the Indians of this l(icality. Once upon a time he sold needles to the»red skins at one dollar apiece by claiming that the last needle

Joseph and Leodicia McCoy, well known pioneers of the county, rode horseback over the Indian trail from Marion to this city, being the only way they could travel, the roads not permitting of the use of a wagon. They passed the night in the Indian camp, then to the west of the City Park site. They were cordially treated liy the Indians, being furnished with blankets for their greater cnmfort. When they departed the next morning the dogs barked at them furiously and the Indians were in a hub-bub, calling at the canines. The McCoys supposed that the Indians were sicking the dogs upon them, but later found that the red skins were endeavoring to call the clogs off from their attack. The McCoys settled in Monroe township. Mrs. McCoy li\'ed to the age of ninety-two years, bavins: died in Kokomo.

Fortunately for Kokomo and Howard county the first settlers were men and women who believed fully in both religion and education, and as soon as they had provided themselves with homes, howexer rude and uncomfortable they may hove been, they began to i)lan and prepare places and means for the education of their children and at die same time tn hold religious sendees. Because of the fewness in numbers the early meetings were small congregations. The first meetings were held in the homes and the people traveled miles to attend service, and usually as soon as a half dozen people of the same faith could be gotten together a church would be started. That did not mean that there would then be regular preaching service. Often the church was compeUed to be content with only an occasional sermon from a minister who made a wide circuit and served a large district. There were many earnest Christians then who were strong exhorters, who made stirring appeals for the better life.

First Baptist Church

\\'hile Kokomo had but thirty families in 1848, there were enough Baptists among them in 1847 to organize a church with seven members. Who were the ministers of that early Baptist church neither written history nor tradition tells us. History tells us that the last recorded meeting of that church was held August 26, 1858, and that there were about one hundred members, and that of this number were Corydon Richmond, ^Matthew and INIrs. ]\Iurden and Denton Simpson. Denton Simpson, we know, was then living in Taylor township. Up to that time it was accounted one of the flourishing churches of the little town. Coiwdon Richmond was one of the foremost citizens of the community and a leading physician. Matthew and Mrs. Murden were highly respected citizens, and Denton Simpson was one of the learned men, who had been the village schoolmaster. It is said that they disbanded by mutual consent. Why they disbanded by mutual consent there is not a hint.

For the next sixteen years Kokomo was without a Baptist church, and of the one hundred members who had disbanded and broken up their church home only three or four are left. Many of the others drifted off into other folds and some had gone into the beyond.

his family. He and his wife began immediately to look about for Baptists. They found a very small remnant. They organized a Baptist Sunday school and began earnestly to build up the Baptist faith where it had been permitted to go down. The school met at the old Third Ward school building, at the corner of Clay and Taylor streets, with W. A. Stuart as superintendent and R. L. Upton as secretary. The school prospered. Early in December, 1874, was established what was called the Sunday school prayer meeting. The Rev. Joseph Brown, missionary of the Baptist state convention, was present and preached.

On February 6 and 7, 1875, ^'t^' ^^ his request, a meeting was held on Monday following to discuss the Baptist situation. Twelve Baptists were present and participated and passed a resolution unanimously to organize a church. A meeting was appointed for February i8th, when an organization was completed with eight members, as follows: James W. Fisher, Nancy P, Fisher, Minnie B. Fisher, Drusilla A. Rickard, Sarah C. Gray, W. A. Stuart, B. H. Stuart and Naomi Upton. A council was convened March 20, 1875, to consider the recognition of the organization, of which Rev, B. R. Ward was moderator and Jackson Morrow was clerk. This meeting occurred in the midst of one of the most violent snowstorms that ever visited this section, and while six members were sick at home, leaving but two to represent the church at the meeting. Every element of discouragement was present and it seemed to the council that failure was sure to follow. While discussing this phase of the matter Grandpa Thomas, of Galveston, said: "Brethren, let us give them a chance." That decided the matter. The council voted to give them a chance.

Early Struggles

leadership, without a house of worship, without a pastor, and all this under the shadow of six strong church organizations, one of which was built up to ninety members by a revival meeting held in the same house and to whom was given the use of the house one-half of the time from January till September following, when the wants of the pulpit required its entire use. In the meantime, and until November ist, the pulpit was supplied by neighboring ministers lending their services. When ministerial aid failed sermons were read or prayer and conference meetings were held.

A meeting of days followed the recognition service, mainly conducted by Burkholder, in which eight members were received by baptism. Three more were received during the summer by baptism and five by letter, making twenty-four members, when Rev. S. Cornelius, D. D., was settled as pastor. November i, 1875. twenty-seven more members were added, chiefly as a result of meetings continuing from January i to February 20, 1876. On June I, 1875, the Third Ward schoolhouse was purchased, with one and one-half lots, for two thousand dollars, five hundred dollars in cash and the balance in one and two years. This was promised without knowing where it was to come from-. John Kenower, of Huntington, paid the first one hundred dollars and M. H. Thomas fifty dollars and the remainder was raised within the church. Under Rev. Cornelius' pastorate the membership increased to eighty-eight. April 26, 1878, Norman Carr became pastor and remained till September 25, 1882, when he resigned to become financial agent of Franklin College. Rev. Carr did a grand work while pastor. During his pastorate of four years and five months the membership increased to two hundred and twelve, the church in the meantime having lost one hundred by deaths and removals.

Paying Out Of Debt

A debt of one thousand two hundred dollars on the church had been paid and a parsonage costing one thousand dollars had been purchased. On the loth day of Januan-, 1883, N. C. Smith became pastor, doing a good work spiritually and causing the debt on the parsonage to be paid. In 1893 the church, having outgrown their house of worship, built their present commodious brick structure, moving the old house back and building on the front. They have now a property valued at twelve thousand dollars. This house was built while the Rev. J- H. Wynans was pastor of the church. The money to pay for the construction of the new church was collected largely from the membership. The largest giver outside of the membership was Monroe Seiberling, of the Plate Glass Company and one of Kokomo's first and most liberal givers.

Other pastors have been Allen Hill, E. G. Shouse, J. C. Rhodes. G. B. McKee and J. W. Clevenger. The Rev. McKee was probably the ablest preacher ever holding a pastorate in Kokomo. The membership in 1908 is two hundred and eighty. The church at present is without a pastor, and is also out of debt.

In reviewing the history of this church the conclusion must be that it is the outgrowth of faith. Its members have not been of the rich nor those highest in social circles. The success of this church must be ascribed to Him who uses the weak things of the earth to manifest His power and glory. The Baptists hold many views in common with other evangelical denominations. They believe in a personal God of infinite perfection, in the fall of man. the atonement through Christ's death, the resurrection from the dead, the final judgment, the everlasting blessedness of the righteous and the everlasting punishment of the wicked. The central supremely characteristic doctrine of the Baptists is their belief in a regenerated church membership. As baptist symbohzes regeneration ; that is, spiritual death and resurrection through faith in the deatli and resurrection of Christ, so nothing but the immersion of tlie behever represents the truth symbohzed by scriptural baptism. Those who have been prominent in the work of this church are W. A. and ]\Irs. Stuart, Re\-. B. R. Ward, Sampson Lett, ^^^ T. Merrill and ]\'Irs. Murden.

The North Street Baptist Church

i\Ianv years ago the Baptist church began a mission Sunday school on North Smith street, near the site of the Doxey factoiy, in a vacant frame house quite simply fitte.d up for this purpose. This met a ready response from the people of that section, which had no church nor Sunday school other than this. For several vears this work was carried on with but poor equipment in the way of a house and furnishings. After W. S. Armstrong had platted an addition to Kokomo on North street, being a part of the T. A. Armstrong estate, he offered the Baptists a choice lot at the corner of North and Morrison streets if they would build a churchhouse on it. The Baptists accepted the ofiEer and in the fall of 1904 laid the cornerstone of a new church, and one year later, in the fall of 1905, dedicated a neat frame church costing two thousand dollars, free of debt.

Before the dedication Mr. and Mrs. A^^ S. Armstrong publicly donated the lot to the Baptist people fnr church purposes and made a deed therefor. The lot was valued at three hundred dollars. A little while later Harry and Lizzie Linsday jointly donated a second lot adjoining the other. Neither of these families were Baptists and their actions were regarded as special favors. This church is located in a section of the city without other church facilities and thus presents a rare opportunity for Christian work.

Main Street Christian Church

The Christian, or Disciples', church was organized on the 21st day of February, 1S51, with seven members. They were Lewis Anderson and wife, Thomas Shepard and wife. John E. Linsday and wife and Edward ^^^ Shepard. Lewis Anderson, Edward Shepard and John Linsday were elected trustees ; Thomas Shepard and Lewis Anderson elders. Two of the members died a few years later, Lewis Anderson and Edward Shepard. In a few months Thomas A. Armstrong and family moved to this city and took membership. The membership in a short time was further augmented by the addition of Martin M. Preble, Benjamin B. Preble. Alfred H. Plough, and families. Fov si.x years this faithful band of followers of the Lord, with a few recruits from time to time, as the village of Kokomo increased in population, met in the homes of the members of the congregation, to break bread and serve their Master as best they could. At times they hired a hall in which to worship and. as often as possible, secured some one to preach. The preaching for several years was mostly done by the elders of the church without any compensation whatever, "yet they prospered."

In 1854 the congregation purchased of John Bohan, then auditor of the county, lot No. 45, in the original plat, for which thirty dollars was paid. Early in 1857 a building committee was appointed, of which A. F. Armstrong was a member, and during the year the frame church, a building painted white and known as the old Christian church, was erected on East Mulberry street and completed at a cost of about one thousand eight hundred dollars. It has a seating capacity of three hundred. In this building the congregation worshiped for thirt3--two years, from 1858 to February, 1880. Early in the year 1866, while in this building and during the pastorate of Rev. R. E. Pearee, the organ, as an instrument of worship with music, was introduced into the services of the congregation. It created a commotion for a time, some believing it to be a machination of the devil. The final result of the contention over the matter was the passage of two resolutions by the congregation, the first of which called for the resignation of the pastor and gave him but fifteen days in which to resign. He resigned. The second resolution permitted the church organ to remain in the church building, but with the strict condition that it was not to be played upon but was to remain quiet during the services on the Lord's day. It was agreed that it would be available for use in Sunday school and at weekday meetings. These resolutions gave general satisfaction and were adopted by a unanimous vote.

In 1872, while under the pastorate of Rev. James W. Conner. the membership had increased to two hundred and twenty-three members, and the congregation was able to pay its pastor a salary of fifteen hundred dollars per annum and yet keep out of debt. Of the early church Thomas Auter and Thomas A. Ai-mstrong were members of decided personal characteristics. xA.uter was at one time an elder, and a very ardent man in his religious convicti(ins.

Both Preacher And Janitor

He could not only preach successfully, but he served as- janitor with all the ardency of his nature and nothing pleased him more than to ring the church bell, summoning the faithful to worship.

Ardent also in his sympathies, and hearing of the mistreatment of John Russell, a negro just arrived from the South, Elder Auter -waited upon the man whom he had been informed had threatened to kick Russell out of a place Russell had entered and informed the part}- waited upon that if there was any kicking to be done just to kick him, Auter. As the elder was a large and active man, the invitation was not an alluring one and was never accepted. A beautiful picture is that lingering in the minds of the older members of the congregationj who recall that nearly each Sunday,- while in the old church, Thomas A. Armstrong, venerable and feeble, attended upon divine services. He was supported upon two canes and conducted to the front by his sons, where he occupied a large arm chair, provided for his use, near the pulpit, in order that he might hear. He in\-arialjly wore a large red l^andana handkerchief aboiU liis head. In this instance was exemplified the truth of the scriptures, "Honor thy father and thy mother that thy days may be long upon the earth." His children each enjoyed a long- life. Martin B. Preble and others of the pioneer members were forceful personalities, valiant soldiers for the Lord. In 1875 lots were purchased of ^^''orley Leas for three thousand dollars, on which was erected the brick church destroyed by fire, and predecessor of the present beautiful stone structure, now called the Main Street Christian church. In Februaiy, 1876, plans were submitted and approved by the congregation for a new structure. A building committee was appointed and instructed to go forward at once, its duty being to secure subscriptions and erect the building. In the fall of 1876 a cellar was excavated and the foundation put in to the first joist. In 1877 the walls were constructed and the roof placed. But in 1877 nothing further was done, the building funds having run short. In 1879 the floors were laid and rough plastering spread. Temporary doors were placed and the windows nailed up with plank. In tliis condition the bnilding committee turned over to the officers of the church a building encumbered with an indebtedness of fourteen thousand dollars. The audience room was seated with chairs, the members each furnishing one or more chairs. On the first Lord's day in February, 1880, with the floor bare and the windows planked, the congregation held the first services in the new church building. The membership, then less than three hundred, was badly discouraged, yet were true and faithful to the cause which had been entrusted to their hands. Rev. E. L. Frazier held the first protracted meeting in this church in February and March, 1880. Rev. J. L. Parsons was the first pastor of the new church, being called in May following its occupancy. He tried hard to infu;e new life into the church, but resigned in February, 1881.