Huntington County, Indiana - Chapter 14: The Bench and Bar, 1914

Evolution and Purpose of the Courts - Justices of the Peace - Eighth Judicial District - First Session of the Circuit Court - Brief Sketches of the Early Judges - Associate Judges - Changes in the Courts by the Constitution of 1852 - Probate Court - Court of Common Pleas - Court of Conciliation - Cir¬ cuit Court under the New Constitution- - Judges Since 1853 - List of Judges and Prosecuting Attorneys - The Huntington County Bar - Sketcpies of Old-time Lawyers - County Bar Asso¬ ciation - Attorneys in 1914 - Some Noted Trials.

Robert Burns, the Scottish poet, in his cantata of the "Jolly Beg¬ gars, ' ' in which is represented a number of vagabond characters gathered at the house of "Poosie Nancy," makes one of the assembled guests sing a song with the following refrain, in which the company joins with great glee:

Perhaps there are some in the present day who entertain views similar to those expressed by the Jolly Beggars' refrain, but the history of civilization shows the great bulwark of human rights to have been in the enactment of just laws, their interpretation by an intelligent and unbiased judiciary, and their enforcement by a competent and cou¬ rageous executive.

Liberty is a glorious feast, but liberty without law quickly becomes anarchy. Courts were not erected for cowards, but for the protection of the life, liberty and property of all classes of citizens, without regard to social distinction.* It has been said that "the measure of a people's civilization can always be determined by the condition of its judiciary." Much has been said and written about the venality of courts and the trickery of lawyers, and, unfortunately, some of the charges have been true. But should the entire legal system of a country be condemned because a few judges have been corrupt, or an occasional lawyer has developed into a shyster or pettifogger? Certainly no one would think of denouncing the whole medical profession as a fraud on account of its quacks and empirics, or the public press of the nation because of a few instances of so-called "yellow journalism."

Among the members of the legal profession are found many of the most distinguished and patriotic men in the country's history. In the galaxy of great Americans what names shine with greater effulgence than those of Patrick Henry, John Marshall, Thomas Jefferson, James Monroe, Daniel Webster, Henry Clay and Abraham Lincoln?

In the very dawn of human progress the idea that there must be some rule for the protection of individual rights and some tribunal for the enforcement of that rule found a lodgment in the minds of the people. From that humble beginning can be traced, step by step, the development of civil law, the expansion of the courts and the broader scope of civil government. The old Hindoo laws of the Punjab, the Mosaic law, the Julian code of ancient Rome, each a slight advance over its predecessor in its guaranty of greater liberties to the people, paved the way for the Magna Charta of Great Britain and the establishment of popular gov¬ ernment in the American Republic.

The transactions of the courts in any community make an important chapter in its history. For almost a year after Huntington County was organized justice was administered by minor courts, presided over by justices of the peace. At the August term of the County Commissioners' Court, in 1834, the following certificate was received and ordered spread upon the records:

"I hereby certify that I have assessed a fine of three dollars against Daniel Johnson for swearing three profane oaths, and have collected the same. Given under my hand and seal this day and date above written. John Burke, J. P.

When the county was organized, under the act of February 1, 1834, it was attached to the Eighth Judicial district, which was composed of the counties of Cass, Miami, Huntington, Wabash, Allen, Laporte, St. Joseph, Lagrange and Elkhart. The records show that the first session of the Circuit Court was held at the house of Jonathan Keller, in the Town of Huntington, beginning on Monday, March 2, 1835. At that time the Circuit Court consisted of a president judge, elected by the State Legislature, and two associate judges in each county, elected by the people of that county. Gustavus A. Everts, of Laporte County, was the president judge of the first Circuit Court ever convened in Hunting-

Judge Everts was a man of fine address, and, though not profoundly learned in the law, he was possessed of considerable tact, and this, with his inherent sense of right and justice, won for him the reputation of being an able and conscientious judge. Horace P. Biddle, who knew him well, says that as a lawyer "he was extremely astute in the man¬ agement of witnesses, and in cases that move emotion, or touched passion, or appealed to the feelings which stir our common nature, he was very powerful - far more successful than when he attempted to convince the understanding. ' '

Such, in brief, was the character of the first judge who presided over the Circuit Court in Huntington County. The court was held in an upper room of Keller's tavern. At one end of the room was a table, behind which sat the judges, while on the opposite side were the lawyers and their clients, the spectators ranging themselves about the room as best they could. Three men were in jail when the court met - John Morgan and John Mulhanan, charged with robbery, and Thomas Curran, charged with larceny. Curran was sent to the state's prison for two years; the jury disagreed in the case of Morgan, who was re¬ leased on bond and disappeared, and the records do not show what became of Mulhanan. Jeremiah Barcus was fined for selling intoxicating liquors contrary to law, and a number of minor cases, affecting "the peace and dignity of the State of Indiana," were disposed of during the four days the court was in session. The first civil cause was a suit brought by Isaac Spencer vs. Jonathan Keller on account, in which the plaintiff received judgment for $138.36. The expenses of the term were trifling when compared with the courts of the present day. The two associate judges each received $8 for their four days' services; Jonathan Keller was allowed $10 for room and fuel for the term ; Obadiah Brown re¬ ceived $1, Chauncey Tuttle $2 and Paul Burke $4 as bailiffs. Eighteen foreign-born citizens received their naturalization papers at this term.

At the first term of the Circuit Court William S. Edsall was clerk; William G. Johnson, sheriff, and Samuel C. Sample, prosecuting attor¬ ney. In February, 1836, the judicial district was eidarged by an act of the Legislature to include the counties of Porter, Marshall, Fulton, Kosciusko, Noble and Adams - practically all of the northern fourth of the state. The following August Judge Everts was succeeded by Samuel C. Sample, of Allen County, as circuit judge and Joseph L. Jernegan was chosen prosecuting attorney. At the same time George A. Fate was elected associate judge to succeed Jonathan Keller.

guided as much by the dictates of common sense as by the technicalities of the law. An old lawyer said of him after his death: "At the bar and as president judge of the Circuit Courts, he stood high among the most efficient and able practitioners, and was one of the purest judges that has graced the bench." He served as judge of the Eighth Judicial circuit but a short time, having been succeeded by Charles W. Ewing, of Allen County, in March, 1837. After retiring from the bench he represented the district in Congress, where he won the regard of his constituents by his active and conscientious work in their behalf.

Judge Ewing was a brilliant orator and a lawyer who stood high in the profession wherever he was known. Although he never studied grammar, his language was pure and his diction almost perfect, his faculties in these respects having been developed through his custom of reading only the works of the best authors. He resigned his office of judge in the summer of 1839, after which he became dissipated in his habits and died by his own hand on January 9, 1843, at Fort Wayne. It has been said of him that "Asa judge he was quick and ready in com¬ prehending the facts involved, and in giving his conclusions of law thereon. He was deservedly popular both on the bench and at the bar. ' '

A little incident that occurred in Huntington County while Judge Ewing was on the bench is indicative of his character. It seems that Isaac N. Harlan, who was chosen clerk of the Circuit Court in 1837, grew somewhat remiss in the performance of his official duties. At the March term in 1839, forbearance on the part of the court having ceased to be a virtue, Judge Ewing caused the records to show that the clerk was guilty of "gross carelessness, neglect, inefficiency and a total dis¬ regard of official duty and responsibility." Specific charges of this nature caused Mr. Harlan to resign his office, and the judge appointed William Shearer to the vacancy. Being a worker himself, Judge Ewing could not tolerate idle or neglectful court officials.

On August 20, 1839, Governor Wallace appointed Henry Chase, of Cass County, to fill the vacancy caused by the resignation of Judge Ewing. A contemporary of Judge Chase describes him as "a close and ready pleader, seldom or never asking for time to prepare his papers; had a clear, logical mind and great force of character. As a. judge he was dignified, self-reliant and unequivocal, making no mistakes in the enunciation of his decisions; his style brief, yet exhaustive." Judge Chase served but a few months, however, as the Legislature which con¬ vened in December, 1839, elected John W. Wright, of Cass County, to preside over the circuit courts of the Eighth Judicial district, to which Carroll County was added by an act passed at the same session.

two years of that time did he preside over the Circuit Court of Huntington County. He was not a profound lawyer, but was industrious, and transacted a great deal of court business during his term. His decisions were not always satisfactory to litigants and their attorneys, hut very few appeals were taken during his term of office. He held his first term of court in Huntington County in March, 1840, when Lucius P. Ferry entered upon the duties of prosecuting attorney.

At the September term following, the first divorce suit ever filed in Huntington County came up before Judge Wright for adjustment. The complainant was Elizabeth Winters, whose husband, Joseph Winters, entered no opposition, and she obtained her decree.

In March, 1841, the first term of court was held in the new court¬ house, on the southeast corner of Jefferson and Franklin streets. While the courthouse was under construction the sessions of the court were held in the schoolhouse on West State Street. This courthouse was the frame building erected by General Tipton and presented to the County of Huntington.

The Legislature of 1841-42 redistricted the state for judicial pur¬ poses. Under the provisions of the new act Huntington County was included in the Twelfth district, which included the northeastern portion of the state, and James W. Borden, of Fort Wayne, was elected to the office of president judge by the Legislature. William H. Coombs was the first prosecuting attorney' under the new law. He served but one year, when he was succeeded by Lysander C. Jacoby, but Judge Borden con¬ tinued on the bench until 1851. His long continuance in the office bears testimony to his ability as a lawyer and his popularity as a judge. During his entire term Joseph Wiley was clerk of the court in Hunt¬ ington County, having been elected to the office in 1840 and continuing to hold it by re-elections until April 16, 1855, when he was succeeded by Samuel H. Purviance.

Elza A. McMahon was elected president judge of the Twelfth Judi¬ cial district in 1851, and held his first term of court in Huntington County in September of that year. He was a resident of Fort Wayne, had served as special prosecuting attorney in 1846, and was one of the best known lawyers in Northeastern Indiana. He continued on the bench until the new state constitution of 1852 went into effect. After that he practiced his profession in Fort Wayne for a few years and then removed to one of the western states. Charles Case was the last prosecuting attorney under the old constitution.

Such, in brief, is the history of the Circuit Court of Huntington County from the time of its organization to the adoption of the present constitution, which made several radical changes in the character and procedure of the courts. One of these changes was the abolition of the office of associate judge. When the constitution of 1816 was framed, the convention had in view the establishment of a system of government that would guarantee the largest degree of local self-government, hence the provision was made for two associate judges, who should be residents of the county, adding to the court what the newspaper man calls "local color." As a matter of fact, the office was more for show than for actual service. In a large majority of the associates, they were men whose knowledge of the law was limited, and their opinions were ren¬ dered in harmony with the president judge, though in a few instances they held court when the president judge was absent. In September, 1842, Judge Borden was unable to preside over the sessions of the court at Huntington, and Samuel B. Caley and William C. Parker, the two associates, held court for one week, but the records do not show that they heard and decided any important cases. An Indiana writer, about the time the new constitution took effect, commented upon the associate judges in a rather sarcastic vein, as follows:

"One almost regrets the absence from the bench of the associates. It is true they were not distinguished, in a general way, for their pro¬ fundity in legal lore, but they gave to the tribunal, especially when in consultation, a lopk of sapient dignity, and to the judicial rulings the moral force of conclusions reached by three persons without division of opinion. Whether the associates sacrificed their own convictions of law in concurring so uniformly with the president, as they were in the habit of doing, or whether their concurrence was inevitable from an independ¬ ent understanding of the law, is one of those mysterious questions of fact about which it might be unjust to express an opinion. It was no un¬ common thing, however, for the irreverent first settler to speak of them as ciphers, and even to suggest that it might cost the taxpayers less to supply their places by wooden men."

Another change that came to the courts of Indiana under the new constitution was the simplifying of the code of practice by the elimina¬ tion of many of the old common-law methods, with their long and tedious forms. A few of the fictions of the common law were retained in the new code, but the most of them were relegated to oblivion, along with other abandoned relics of the Middle Ages. By the new code it was required that all actions should be prosecuted and defended in the names of the real parties at variance, and John Doe and Richard Roe were forever banished from the courts as mythical plaintiff and defendant. At first, some of the older lawyers were inclined to resent the introduction of the new regime. They had studied the common-law methods, were thor¬ oughly familiar with common-law principles, and were reluctant to aban- don them for what they considered an untried and impracticable experi¬ ment. A few of the old-time lawyers were so stubborn in their opposition that they gave up their practice altogether rather than make the effort to adapt themselves to the new-fangled notions. They evidently believed in the old saying "It is hard to teach an old dog new tricks." But as time went on, the justice and reasonableness of the new system grew in popularity, and those of the older attorneys who continued in practice admitted that there was "at least some improvement over the old way."

In 1831, three years before the County of Huntington was organized, the Legislature passed an act providing for the establishment of a pro¬ bate court in each county of the state. This tribunal had jurisdiction in probate matters only. The law further provided that the probate judge should be elected on the first Monday in August and should receive a salary of $3 per day while his court was actually in session. The asso¬ ciate judges of the Circuit Court were made judges ex-officio of the Probate Court, with power to hold court in the absence of the regular probate judge. The clerk of the Circuit Court was also clerk of the Probate Court, and the probate judge was permitted to practice law in all the courts of the state except his own. Another provision of the law was that the qualifications of a candidate for probate judge had to be certified to by either a judge of the Supreme or Circuit court. The probate judges, like the associates of the Circuit Court, were residents of the county and generally knew very little law, but appeals from their decisions could be taken to the Circuit Court.

A Probate Court was established in Huntington County soon after its organization, but the early records of its proceedings are incomplete. The oldest record that has been found bears date of November, 1838, when William Shearer was probate judge, and it is believed that he had served in that capacity from the time the court was first established. Shortly after that he was succeeded by James Gillece, who served until 1841, when Mr. Shearer again became judge. In 1848 David Garlick was elected probate judge and served until 1850, when he was succeeded by William B. Schencke, who continued in office until the court was abolished by the constitution of 1852 and its business transferred to the Court of Common Pleas.

In 1848 common pleas courts were established in the counties of Jefferson, Marion and Tippecanoe. These were the first courts of this character in the state, and were created for the purpose of relieving the circuit courts in the more populous counties of numerous unimportant cases then pending. Upon the adoption of the new constitution in 1852, common pleas courts were provided for in every county of the state and were given exclusive jurisdiction of probate matters. They also had concurrent jurisdiction with the Circuit Court in all actions except those for slander, libel, breach of marriage contract, on official bonds of public officers, where title to real estate was involved, or where the sum in controversy exceeded $1,000. In criminal cases the jurisdiction of the court extended to all offenses less than felony, or those over which justices of the peace had exclusive jurisdiction, and under certain re¬ strictions the Common Pleas Court could hear and decide cases of felony. It also had concurrent jurisdiction with justices of the peace where the sum involved did not exceed $50.

The judges of the Common Pleas courts received salaries varying from $300 to $800 per annum, dependent upon the population of the county and the amount of business transacted. They could practice law in all the courts of the state except their own. When first established, appeals could be taken from the Common Pleas Court to the Circuit Court, but this privilege was afterward abolished. Appeals, however, could be taken to the State Supreme Court. The clerk and sheriff of each county performed their respective duties for the Court of Common Pleas and the Circuit Courts alike.

There was one feature in connection with the Common Pleas Court with which many lawyers of the present day are not familiar, and that was the "Court of Conciliation." By the act of June 11, 1852, the common pleas judge was made ex-officio judge of the Court of Concilia¬ tion, which had jurisdiction in actions for libel, slander, malicious prose¬ cution, false imprisonment, assault and battery and some other causes, but the power of the court extended only to effecting a reconciliation or compromise. In hearing these cases, no attorney was permitted to appear for either side. The judge alone heard the statements of the contending parties, after which he explained the law "in such cases made and provided," and often effected a settlement of the dispute without the delay and expense of a trial in open court. In cases where the rights of a minor were involved, the parent or guardian of such minor appeared, and in the case of a female, appearance was made by her husband or next friend. The Court of Conciliation was discontinued in 1867.

The first term of the Common Pleas Court in Huntington County was held in June, 1853, with Wilson B. Loughridge as judge. He came from Brown County, Ohio, to Huntington in 1842, and in September of that year was admitted to the bar, having previously studied law with Gen. Thomas Hamer, of Ohio. Judge Loughridge was of Irish extraction, well educated and thoroughly familiar with the principles of law. In 1862 he removed to Peru and for several years was editor of the Miami County Sentinel. He died in 1883.

E. Sinclair in February, 1873, the Legislature of that year having passed an act abolishing the court and providing that all pending cases should be transferred to the Circuit Court.

The official seal of the Huntington Circuit Court was adopted in September, 1839, and is thus described: "A circular metallic disk, with the words on the margin, 'Circuit Court, Huntington County, Indiana,' inclosing in the center the figures of three sheaves of wheat, surmounted by the figure of a plow and a pair of scales suspended by a hand, and these partly inclosed by a wreath of flowers."

The first term of the Huntington County Circuit Court under the constitution of 1852 was convened in February, 1853, with John U. Pettit, of Wabash County, as judge, J. M. Coombs, prosecuting attorney, Joseph Wiley, clerk, and Henry Brown, sheriff. Judge Pettit had pre¬ viously served in the Indiana Legislature and as United States Consul at Rio Janeiro, Brazil. He was well educated, both in law and litera¬ ture, and was a man well informed on a multitude of subjects, well qualified to assume the trying duties of reorganizing the Circuit Court under the new code. The judicial district over which he was called to preside was composed of the counties of Carroll, Cass, Miami, Wabash, Huntington and Grant. Judge Pettit remained on the bench but a short time, resigning in the fall of 1853 to enter Congress, where he served four consecutive terms, having been elected three times as a democrat and once as a republican. In 1862 he was commissioned colonel of the Seventy-fifth Indiana Infantry, but his military career was cut short by failing health.

When Judge Pettit resigned, Governor Wright appointed John Brownlee, of Grant County, to the vacancy, but the records do not show that Judge Brownlee ever held court in Huntington County under that appointment. In 1854, John M. Wallace, one of the leading lawyers of the Grant County bar, was elected to fill out the unexpired term of Judge Pettit. He has been described as "a man of fine address, affable manners, a fluent speaker, a good lawyer and a conscientious, impartial jurist." His first term in Huntington County was in February, 1855, with Lambdin P. Milligan as prosecuting attorney. For about a year during his term of office the Circuit Court of Huntington County was presided over by John Brownlee, by appointment. According to rumor, the reason for this was that Judge Wallace was unfortunate enough to gain the enmity of a Huntington man, who expressed a desire to "go gunning" for him. After a year or so the affair quieted down. Wallace resumed his place upon the bench and faithfully discharged his duties for the remainder of his term. .

succeed Judge Wallace. Judge Biddle had previously served upon the bench ; was a delegate to the constitutional convention of 1852, in which he took a conspicuous part in remodeling the judicial system of the state, and was regarded as one of the most distinguished jurists of Indiana. He held his first term of court in Huntington County in March, 1861, at which time Meredith H. Kidd became prosecuting attor¬ ney. In 1866 he was re-elected for a second term of six years, but before the expiration of that time a change was made in the judicial districts of the state, and Judge Biddle's connection with the courts of Huntington County ended in 1869. In 1874 he was elected to the Supreme bench of Indiana, and served for six years as a member of that august tribunal.

Gen. John Coburn, in his History of the Indiana Supreme Court, describes Judge Biddle as "a small, wiry, active, pale-faced, nervous man, with dark eyes, and lofty forehead, scholarly appearance and retir¬ ing habits, but a most genial companion to his friends. A keen and active practitioner, putting his points with great clearness and force, he was a formidable advocate and became a famous lawyer, a Circuit and a Supreme judge. His poems, like his briefs and opinions, are marked with the taste, point and precision of the student. He could speak with great force on the stump, before a jury or to the court. ' '

Robert Lowry, of Fort Wayne, came upon the bench at the Sep¬ tember term in 1869. He was considered one of the ablest judges in the state, but after serving for many years in judiciary positions in North¬ eastern Indiana he entered politics and was elected to Congress. He knew the law, and as judge always maintained a dignified bearing upon the bench.

Early in the year 1873 John U. Pettit succeeded Judge Lowry, but he served in Huntington County but a short time, when a change in the judicial district was made and James R. Slack, of Huntington County, became circuit judge.

James R. Slack was born in Bucks County, Pennsylvania, September 28, 1818. He received an academic education, and when nineteen years of age came to Indiana with his parents, who settled in Delaware C ounty. He taught school and read law as opportunity offered until the day he was twenty-two years old, when he was admitted to the bar. Soon after that he came to Huntington, where he was admitted to the bar in March, 1841. He did not begin practice at once, but taught school to replenish his finances, as he had but $6 in money when he arrived in the county. Next he was deputy clerk for about two years, and was elected county auditor in 1842. After holding that office until 18ol, he was elected as a democrat to the State Senate, where he served two terms. He then engaged in the practice of his profession until 1858, when he was elected to Congress. In 1860 he was re-elected, but resigned in May, 1861, to assist in raising the Forty-seventh Indiana Volunteer Infantry, of which regiment he was made colonel. In November, 1864, he was commissioned brigadier-general, and in March, 1865, was brevetted major-general. He was mustered out in January, 1866, and practiced his profession of law until appointed circuit judge in 1873. In 1878 he was elected judge for a full term of six years, but did not live to com- plete that term. On July 28, 1881, while standing on the corner of Fifth Avenue and Madison Street, in the City of Chicago, waiting for a street car, he was stricken with paralysis and died within an hour. To what¬ ever position he was called - teacher, public official, lawyer, soldier or judge - General Slack gave his honest endeavors to the discharge of his duties, and his death was sincerely regretted, both by the members of the bar and the general public.

In August, 1881, Henry B. Sayler was appointed judge of the Twenty-eighth Judicial Circuit, to fill the vacancy caused by the death of Judge Slack. Judge Sayler was born in Montgomery County, Ohio, March 31, 1836. His grandfather Sayler was at one time a member of the Ohio Legislature, and his father served in the Indiana Legislature after removing to this state. His maternal grandfather, Henry Hippie, was a judge of the old Common Pleas Court, so it will be seen that Judge Sayler belonged to families of political and judicial prominence. In 1847 his father removed to Illinois, and young Sayler attended the Wesleyan University at Bloomington, Illinois, until defective sight caused him to give up his studies. He then went to Ohio, where he studied law and was admitted to the bar. In 1859 he settled at Huntington, where he soon became identified with the newly organized republican party. He served in the Civil war as captain and major in the One Hundred and Eighteenth Indiana Infantry, and in 1872 was elected to the Legislature. As a public speaker he was forceful and convincing, and took a lively interest in political campaigns. As a judge it was generally conceded that he was popular with the masses, and his decisions stood the test well in the higher tribunals. He continued upon the Circuit bench until November, 1888, when lie was succeeded by Joseph S. Dailey, of Wells County.

Judge Dailey qualified as judge of the Twenty-eighth Judicial Cir¬ cuit on November 19, 1888, and immediately entered upon the duties of his office. He was then recognized as one of the most efficient attorneys of the Wells County bar, and as a judge he lived up to his reputation. After the change in judicial districts in 1893, when Huntington County was made the Fifty-sixth Judicial Circuit by an act of the Legislature, Judge Dailey continued upon the bench in Wells and Blackford counties until appointed a place upon the Indiana Supreme bench. Upon retiring from the Supreme Court he resumed the practice of law at Bluffton.

Orlando W. Whitelock, the first judge of the Fifty-sixth Circuit, was appointed by Gov. Claude Matthews in March, 1893, and was the successor of Judge Dailey. He was born in Rock Creek Township, Huntington County, July 12, 1857. As a boy he attended the common schools, graduated at the Northern Indiana Normal College (now the Valparaiso University) in 1879, and soon afterward entered the law de¬ partment of the University of Michigan, where he was graduated in 1882. From that time until his appointment as above noted he practiced law in Huntington. He served upon the bench until November, 1894, when he was succeeded by Charles W. Watkins.

age of fourteen years he enlisted as a private in Company D, One Hun¬ dred and Twenty-fourth Ohio Infantry, and served until August, 1865. He then attended school, studied law and was admitted to the bar at Kenton, Ohio, September 1, 1873. The next March he located in Hunt¬ ington, where he has since practiced his profession, except for the six years he served as circuit judge.

At the November election, 1900, James C. Branyan was elected to succeed Judge Watkins on the Circuit bench. He was born in Madison County, Ohio, October 24, 1838 ; removed to Huntington County, In¬ diana, in 1845; entered Wabash College in 1860 and completed the classical course; served in the One Hundred and Thirty-eighth Indiana Infantry during the summer of 1864; then read law with Henry B. Sayler, and was admitted to the bar in 1865. From that time until his death he practiced law in Huntington, except for a short time in 1866, when he served as county surveyor, and his six years' term upon the bench.

Samuel E. Cook, the present judge of the Fifty-sixth Judicial circuit, was elected to that office in November, 1906. Previous to that time he had been one of the leading members of the Huntington County bar and had served one term as prosecuting attorney, to which office he was elected in 1892. Before his election to the judgeship he was an active participant in political affairs, as a democrat; was a delegate to the national convention of that party in 1896, and in 1902 was elected joint senator for the district composed of Huntington and Whitley counties. He was re-elected circuit judge in 1912. His present term expires in November, 1818.

Following is a list of the judicial officials of Huntington County from the time of its organization to the present, with the year in which each was elected, appointed or entered upon the duties of his office :

Associate Judges - Jonathan Keller and Murdock McLane, 1835; George A. Fate, 1836; Samuel B. Caley and William C. Parker, 1842; John D. Pulse and Daniel James, 1849; Benjamin Orton, 1851. The two last named were the associate judges at the time the office was abolished by the constitution of 1852.

plete. The only judges that can be given with certainty were: Wil¬ liam Shearer, 1835 ; James Gillece, 1838 ; David Garlick, 1848 ; William B. Schencke, 1850.

Along with many other institutions of the "good old times," the pioneer lawyer has gone, never to return. When Huntington County was organized there was not a resident attorney within her borders. In that day the lawyers "rode the circuit" with the judge and prac¬ ticed in all, or nearly all, the counties that composed the Eighth Judicial district. Foremost among the lawyers who practiced in Hunt¬ ington County during the first five years of its history were Charles W. Ewing and David H. Colerick, of Fort Wayne; Samuel C. Sample, who was the first prosecuting attorney ; Henry Chase and Daniel D. Pratt, of Logansport; Joseph L. Jernegan, Thomas Johnson, and John W. and Williamson Wright. If one of these old-time lawyers could walk into the office of one of the present-day attorneys, he would no doubt stand aghast at the array of books he would see upon the library shelves. In the early days lawyers had but few books, but they generally mastered the contents of those few, until the saying, "Beware of the lawyer with one book," became almost proverbial.

As they rode from county to county, each carried his library in a pair of large, old-fashioned leather saddle-bags thrown over his saddle, and they were always accommodating enough to loan books to each other. It was the custom of litigants to wait until the arrival of the judge and lawyers to' engage an attorney. In those days there were no steam-heated hotels in the county seat towns, and after court ad¬ journed for the day the judge and the lawyers would repair to the log tavern, where they would gather in front of the huge fireplace, chew tobacco and spit in the fire. Occasionally they would indulge in a social drink or a game of cards, or they would review cases in which they had participated and "swap yarns" until it was time to retire. No matter how bitter had been the contests during the day, there was no evidence of these contests at the social gathering in the evening. But next morning the good fellowship ceased. The judge resumed his dignity when he took his seat upon the bench and the lawyers buckled on their armor for the fray. At the conclusion of the term it was not an unusual occurrence for the judge and the attorneys to join in a general spree, then sober up and move on to the next county seat where court was to be held.

Perhaps some lawyers of the present generation, quartered in mod¬ ern office buildings, with a well-selected library of standard legal authorities, a stenographer to take briefs from dictation and transcribe them on a typewriter, with a telephone at his elbow to expedite his consultations with his client, may feel inclined to sneer at the old-time lawyer. But it must be remembered that "there were giants in these days." As the student of Indiana history harks back over the pages of the past, he sees the names of a number of early lawyers who helped to lay the foundations of the state's institutions, and of jurists whose opinions are still quoted by the courts as the very quintessence of legal authority.

James R. Slack, who was admitted to the bar at Huntington in March, 1841, was the first resident attorney of the county. Wilson B. Loughridge, who was the first judge of the Common Pleas Court, was admitted the following year, and practiced in Huntington until his removal to Miami County.

John S. Hendrix, a native of New York, located at Huntington and was admitted to practice in September, 1844. He was a man of small stature, exceedingly active and energetic, and was regarded as a young man of considerable promise. In 1848 he was elected prosecuting attorney, but died the following year before the completion of his term.

In September, 1848, Isaac DeLong was admitted to the bar in Hunt¬ ington County. He had previously lived in Perry County, Ohio, where he enlisted for service in the Mexican war, and at the conclusion of that war settled at Huntington. Although not a well-educated man, he became a successful lawyer. He has been described by one who knew him as "a man of great benevolence, to the great detriment of success, was impulsive, strong in his likes and dislikes, but charitable and for¬ giving, always ready to do more for his friends than for himself." Mr. DeLong was quite a military man, and entered the Union army at the breaking out of the Civil war as first lieutenant, Company F, Thirteenth Indiana Infantry.

John R. Coffroth came to Huntington from Chambersburg, Penn¬ sylvania, in 1849, and was admitted to the bar soon after his arrival. He was then a young man, and upon the death of John S. Hendrix was appointed prosecuting attorney. Endowed with great energy, quick perception and retentive memory, he soon became a formidable lawyer. In 1870 he removed to Lafayette, where he practiced with great success until his death.

Lambdin P. Milligan was a native of Belmont County, Ohio, studied law in his native state and practiced at St. Clairsville for some time before locating at Huntington in January, 1853. He had come to Huntington County about eight years before, but had lived upon a farm for the purpose of regaining his health. After his admission tc the bar of the county he rapidly rose to a position as one of the fore¬ most lawyers of Northern Indiana. He was frequently associated with

Two years before Mr. Milligan began practice in Huntington, David 0. Bailey located at the towrn and afterward became identified with the legal affairs of the county. He was a native Hoosier and a brother of Rev. William Dailey, at one time chaplain of Congress. David 0. Bailey was an eloquent speaker, energetic in behalf of his clients and won a high standing as a lawyer. His physical constitution was not equal to the demands of his ambition, and he died a victim of nervous prostration, brought on by overwork, June 7, 1867, when it was believed that the most brilliant and successful part of his career yet awaited him.

Thomas Roche, another well-known Huntington County lawyer in his day, was born in County Wexford, Ireland, April 2, 1830, and came with his parents to America the same year. In 1834 the family settled at Huntington, about the time that town was selected as the county seat. After attending a business college at Cincinnati, Ohio, he began his business career as clerk in a general store. Later he went to Attica, Indiana, where he remained for about two years as clerk in a store and bookkeeper in a bank. In August, 1855, he returned to Huntington and was made cashier of the newly organized Huntington County Bank. In 1859 he joined a party of gold seekers and went to Colorado, but again came back to Huntington and entered the law office of John R. Coffroth as a student. In February, 1862, he was admitted to the bar, and immediately entered upon the practice of his profession. From 1870 to 1877 he was a member of the firm of Moffit & Roche in the operation of a foundry, but after the latter year gave his entire time to the law. He had the reputation of being one of the best legal advisers of the Huntington County bar, and at one time was prosecuting attorney.

William H. Trammel, who is still wrell remembered by the people of Huntington, was born in Wayne County, Indiana, June 12, 1835. In April, 1856, the family located in Jefferson Township, Huntington County, and four years later young Trammel became interested in the mercantile business in the Town of Warren. In February, 1861, he was appointed deputy sheriff, but the following October resigned his position to enter the army as a private in the Forty-seventh Indiana Infantry. On June 4, 1862, he received an honorable discharge, re¬ turned to Huntington and took up the study of law. He was admitted early in the year 1863, and soon came to occupy a high standing among the members of the profession in the county. Mr. Trammel was a republican, and in 1872 was a delegate to the national convention of his party at Philadelphia.

James B. Kenner, who was a soldier as well as attorney, was born in Washington County, Maryland, November 5, 1846. In 1856 his parents removed to Huntington County, Indiana, and settled in Jackson Township. Mr. Kenner attended the Roanoke Seminary after his service as private in the One Hundred and Forty-second Indiana In¬ fantry in the Civil war, and in 1868 began the study of law under Judge Henry B. Sayler. In March, 1871, he was graduated in the law depart¬ ment of the Indiana University and the following month was admitted to the bar. He quickly rose to prominence in his profession and built up a lucrative practice. In 1880 he was elected to the lower house of the Indiana Legislature, and while a member of that body served on some of the most important committees. In 1883 he became the editor and part owner of the Indiana Herald, published at Huntington, and his work as a journalist was equally as good as his work as a lawyer. He joined the Independent Order of Odd Fellows in 1876 and became one of the prominent members of that order in Indiana, being honored by an election to the office of grand master in 1885. During the Spanish- American war he was a paymaster in the United States army. An account of his services in this capacity will be found in the chapter on Military History.

John I. Dille, for several years a partner of Major Kenner, was born in Polk Township, Huntington County, November 18, 1857. His par¬ ents, Ichabod and Rebecca (Havens) Dille, natives of Ohio, were among the early settlers of that township. Mr. Dille began teaching when he was but fifteen years of age, and taught three terms in all. He was educated at the Northern Indiana Normal School (now the Valparaiso University), and in 1877 was graduated in the law department of the State University at Bloomington. Soon after his graduation he formed a partnership with James B. Kenner, and the firm became known as one of the best in Northeastern Indiana. Mr. Dille always had a whole¬ some respect for his profession and would never advise a client to go to law unless he had a just cause for action. Courteous and dignified, he occupied a high place among the lawyers of Huntington County. Pres¬ ident Harrison appointed him registrar of the land office at Guthrie, Oklahoma, where he remained for several years. He then went to Des Moines, Iowa, as counsel for a railroad company, and while there became dean of the law department of the university. Later he removed to Minneapolis, Minnesota, to accept a position as counsel for one of the great railway systems of the Northwest, and still resides in that city.

James M. Hatfield, a native of Henry County, Indiana, was born February 2, 1849. He received a common school education while a boy on the farm, afterward attending the seminary at Roanoke, and then spent three years as a student in Hillsdalle College. In 1872, he was elected surveyor of Huntington County, and about the same time took up the study of law. At the conclusion of his term as surveyor he began active practice, and soon made a name for himself as an attor¬ ney. For five years he was a trustee and secretary of Roanoke Semi¬ nary and was a writer on the Indiana Herald, in connection with his law practice. Mr. Hatfield was a prominent Knight of Pythias, and in 1895 was grand chancellor of that order for Indiana.

Maurice L. Spencer, a member of one of the pioneer families of Huntington County, was born in Wayne County, Indiana, March 6, 1843, of good Quaker stock, some of his ancestors having come from England and settled in Pennsylvania in 1689. In 1844 his parents removed to Dallas Township, Huntington County, where Maurice at¬ tended the common schools and afterward was a student in the Roanoke Seminary. In March, 1865, he enlisted for service in the Union army, but the war closed before he had an opportunity to take an active part in military affairs. In 1871 he was appointed county examiner of schools, and was the first county superintendent under the law of 1873. He resigned this office in the spring of 1874 to enter upon the study of law, and in October, 1876, was admitted to the bar. He was a careful, painstaking lawyer, always alert as to the interests of his clients, and while not especially brilliant, won a majority of his cases. His son, H. B. Spencer, is now a member of the Huntington County bar.

J. Fred France, the present clerk of the Indiana Supreme Court, was for many years a practicing attorney in Huntington County, and is recognized as one of the democratic leaders in the Upper Wabash valley. He was at one time mayor of the City of Huntington, and has been connected with some of the most important cases ever tried in the Circuit Court of the county. In 1912 he was elected clerk of the Su¬ preme Court on the democratic ticket, and in 1914 was nominated by the state convention of his party for a second term.

It is impossible to give personal mention to every attorney that has ever practiced in the Huntington County courts, but from the foregoing sketches of judges and lawyers the reader can gain a fair knowledge of the type of men who have conducted the legal business of the county since its organization. Quite a number of the members of the Hunt¬ ington County bar, both past and present, have practiced in the higher courts of the state and the United States Courts, and have held their own against some of the best legal talent of the country.

Several years ago some of the attorneys of the county undertook to form a Huntington County Bar Association. An organization was effected, and was apparently prosperous for a time, but for some reason

The present County Bar Association was organized on March 11, 1913, with twenty-eight members and the following officers: Charles W. Watkins, president; Arthur H. Sapp, vice-president; Charles K. Lucas, secretary and treasurer. According to the constitution of the association at that time adopted, the objects are : "To advance the science of jurisprudence, promote the administration of justice, uphold the honor of the profession of the law, and to promote and encourage the social, moral and mental well being of the members of the asso¬ ciation. ' '

Pursuant to the last clause of the above paragraph, the association began the work of promoting the "social" well being of the members by giving a banquet at the Huntington Hotel soon after the election of officers. Another banquet was given some time later, and on both occa¬ sions the spirit of good fellowship was manifest. Every practicing attorney in Huntington County is eligible for membership in the asso¬ ciation, and the organization bids fair to stimulate the ambition of its members to place the practice of law on a higher plane than ever before, if such a thing be possible.

From the bar docket of the Huntington Circuit Court for the April term in 1914, the following names of members of the Huntington County bar are taken : G. G. Bonewitz, F. H. Bowers, Wilbur Branyan, W. A. Branyan, Charles A. Butler, Claude Cline, John Q. Cline, B. M. Cobb, John R. Day, Z. T. Dungan, George M. Eberhart, Milo Feightner, James F. France, Charles Haller, William D. Hamer, W. W. Hildebrand, Burge H. Hurd, C. F. Jackman, L. H. Jackman, Albert G. Johnson, R. A. Kaufman, Edgar E. Kelsey, Sumner Kenner, Emmett 0. King, Otto H. Krieg, Eben Lesh, U. S. Lesh, Charles K. Lucas, William F. Merchant, J. W. Moffett, Arthur H. Sapp, J. M. Sayler, S. M. Sayler, John V. Sees, L. L. Simons, T. G. Smith, H. B. Spencer, Francis I. Stults, G. W. Stults, Fred L. Van Dolsen, Charles W. Watkins, Orlando W. Whitelock, George Young, W. A. Zeller.

While most of the litigation in Huntington has been of a common¬ place character, there have been a few cases in which general curiosity was aroused and several trials in which some of the best legal talent in Northeastern Indiana was employed. Perhaps the first lawsuit ever filed in the Huntington Circuit Court to attract widespread attention was the suit of Dr. George A. Fate vs. Margaret Lafalia (or La Fallier) for breach of promise to marry, in 1842. The defendant came to Huntington as care-taker of the house built by Chief Richardville. It was a large house, and Madame Lafalia made it a sort of house of enter- tainment for travelers. She was hospitable, entertained royally, and her house soon became a favorite resort for traders and travelers. Dr. George A. Fate, who opened the second general store in Huntington, was a frequent visitor, and in time won - or thought he had won - the affections of the beautiful French woman. Their engagement was announced, but a few months later a quarrel resulted over the sale of a cow, and Margaret forfeited her troth.

To sooth his wounded feelings, Dr. Fate brought suit for $10,000 damages, and employed Daniel D. Pratt, of Logansport, to prosecute his claim. The defense was conducted by George Johnson, W. H. Coombs and David H. Colerick, of Fort Wayne. The case was tried before Judge Borden in the old frame courthouse erected by General Tipton, and the little courtroom was packed during the entire pro¬ ceedings. John Kenower, who is still living in Huntington, at the age of ninety-four years, was one of the jury, which awarded the plaintiff damages in the sum of 1 cent, instead of the $10,000 demanded in his complaint.

There have been but few sensational or startling criminal trials in the county, and these were all of that class known as a ''nine days' wonder." The majesty of the law has always been upheld and the authority of the courts practically universally recognized by the people. It is a notable fact that there has never been an instance of mob rule in the county, nor has the death sentence ever been imposed upon a criminal by a judge or jury.

The first trial in the county for murder was that of Joseph Maurice, who was arraigned at the March term in 1850, charged with having killed his wife by choking her to death. John R. Coffroth wras then prosecuting attorney, and was assisted by Wilson B. Loughridge. The name of the defendant's counsel in this first felony case has not been learned. After a trial which lasted for three days, Maurice was ac¬ quitted.

On June 13, 1867, John Felschwab was stabbed to death by Charles Eger, a butcher, and the deed aroused general indignation. There was considerable talk of a lynching, and the sheriff, fearing the threats would be carried into execution, hurried the prisoner to Miami County, where he was afterward tried and sentenced to twenty-one years in the penitentiary.

At the June term in 1883, Charlotte Epps was placed on trial on the charge of having poisoned her husband, a man about seventy years of age, the motive for the crime having been to get possession of his property. The trial resulted in her conviction, and she was sentenced to the penitentiary for the remainder of her natural life, the first

William G. Morse, proprietor of the Silver Moon saloon in Huntington, was shot and fatally wounded on January 24, 1888, by Charles Pfeifer, a man in Morse's employ. Pfeifer's trial began on April 12, 1888. Edwin C. Vaughn, the prosecuting attorney, was assisted by Charles W. Watkins and J. C. Branyan. The defendant's attorneys were J. B. Kenner and John I. Dille, of Huntington, and George W. Cooper of Columbus, Indiana. At noon on Saturday, April 14th, the case was given to the jury, which reached a verdict about midnight. The judge was summoned to the courtroom, the prisoner was brought from the jail, and the verdict, finding Pfeifer guilty of manslaughter and fixing the penalty at ten years' imprisonment in the penitentiary, was read just as Saturday ended and Sunday began.

About three weeks after the killing of Morse another murder oc¬ curred in the county. On Sunday, February 12, 1888, the body of Theodore Lorenze, a peddler who went about the Town of Huntington selling table linen, etc., was found in the woods about two miles north¬ west of the city and not far from the old fair grounds. The evidence given at the coroner's inquest pointed to Jacob Kahlenbeck as the guilty party and he was accordingly arrested. James B. Williams, deputy sheriff, went to the house where Kahlenbeck roomed and in the bottom of his trunk found some tablecloths and other articles which were identified as having been the property of the murdered peddler. The law firm of Cobb & Watkins and J. C. Branyan were engaged to assist Prosecutor Vaughn, and Kenner & Dille were the attorneys for the defense. Although the lawyers on both sides were willing to have the case tried by Judge Henry B. Sayler, then judge of the Circuit Court, the latter, for personal reasons, asked that a special judge be employed. Accordingly, Lyman Walker, judge of the Miami County Circuit Court, came to Huntington to conduct the trial, which began on Tuesday, May 8, 1888, and lasted until the 16t,h, when Kahlenbeck was found guilty of murder in the first degree and sentenced for life to the state's prison.

Another and more recent murder case that attracted considerable attention was the killing of James Bess by Thomas Bloom, in the south¬ ern part of the county. James Bess and his brother John were oil well drillers and relieved each other at noon and midnight. At midnight, on March 22, 1899 (Wednesday), James quit work and went to the barn of Thomas Bloom, where he kept his horse and buggy. He was accom¬ panied by his tool dresser, and after the horse was hitched to the buggy and they were about ready to depart. Mr. Bloom, who was secreted in the barn loft, fired at Bess with a shotgun and inflicted a severe wound in the legs. Bloom afterward stated that he had missed grain and hay from his barn and had lost a number of chickens; that on the night the shooting was done Bess was putting a bundle of hay in the back part of his buggy at the time the shot was fired. Blood poisoning re¬ sulted from the wound, and Bess died the following Saturday. On Sunday Bloom was arrested and lodged in jail at Huntington. In April the grand jury returned an indictment for murder in the first degree, and Bloom was placed on trial in the Huntington Circuit Court on Tuesday, June 20, 1899. Prosecuting Attorney Branyan was as¬ sisted by Ellis Searles and L. L. Simons and the defense was conducted by Kenner & Lesh, Branyan & Heiney and J. Fred France.

In the first trial the jury disagreed and Bloom was released on bond. His second trial began on October 16, 1899, and on the 20th he was found guilty of manslaughter and sentenced to serve from two to fourteen years in the penitentiary. The last official act of Governor James A. Mount was to grant a parole to Mr. Bloom on January 14, 1901, and he was released from prison.

Although there have been other important civil and criminal trials in the county, the above mentioned cases are typical of the litigation that has occurred from time to time in the Circuit Court. In a major¬ ity of the cases in which persons were charged with crime justice has been speedily but fairly and impartially meted out to the offender, so that the "law's delay," of which so much has been said and written, hardly applies to Huntington County. Moreover, the courts have gen¬ erally been conducted in a manner that has commanded the respect of the better class of citizens, and the members of the bar have not been unmindful of the responsibilities of their profession. Judicial scandals and charges of pettifogging have been extremely rare, and upon the whole the legal business of the county has been conducted upon as high a plane as any county in the State of Indiana.