Jackson County, Indiana - Chapter 17, 1886

Chapter 17

Bench and Bar - First Courts - Early Judges and Attorneys - First Writ of Ad Quod Damnum - Character of Attorneys - Slavery in Jackson County - Early Items - Slander Cases - The Sumner Trial - Findly Murder Trial - Associate Judges - Changes Under the New Constitution - Later Judges - Com¬ mon Pleas and Probate Courts - List of Attorneys, etc.

THE first session of the Jackson Circuit Court was held at Brownstown, and began on Monday, April 7, 1817. Hon. David Raymond was present as presiding judge, and Leonard C. Shewmaker and James McGee were his associates.

The first order of the court was one appointing Ebenezer MacDonald prosecuting attorney for Jackson County. The law¬ yers present at the opening of the court were Davis Floyd, Alex¬ ander A. Meek, John H. Thompson, William Hendricks, James R. E. Goodlett, Henry Stephens, Alexander R. Macey, Harben H. Moore, Charles Dewey, Reuben Kidder, Ebenezer MacDonald and John F. Ross. All of these were duly admitted to the bar, and besides these the record as at first made up contained the names of William R. Babbitt and Jeremiah Rowland, but for some reason now unknown they were marked off. The grand jury was then, as now, a requisite in the machinery for administering the criminal law. The persons who compodhd the grand jury at this term of the court were William Graham, Daniel Wood, Charles Crabb, John McCormick, Joshua Lindsey, John Ruddick, Isaac Holman, Samuel Wheden, William Ruddick, Joseph Kitchell, Joseph Hiett, Solomon Cox, John McAfee, Henry Boas, John Empson, Stephen Sparks and James Trotter. After being charged from the bench they retired to consult of presentments and indictments. Charles Dewey was appointed to prosecute three State cases already on hand against Thomas Whitson, William Hill and James Heddy. The last of these was for horse stealing. The appearance of these cases already on the docket would lead to the conclusion that this was not the first session of the court in Jackson County. Indeed this seems quite probable, for the county had then been organized more than a year, and the courts were usually instituted soon after the county was regularly organized for business, and sometimes they were the first authority in the newly made counties, and through them the - machinery of the county was put in motion. If there was a prior court to this the records are entirely lost and there is nothing to tell of its existence.

The first trial shown by the records was one against John Berry for obstructing the highway. He was found " not guilty " by the following jury: William Flinn, John Ritter, Samuel Wil¬ son, William Williams, Elisha Herold, John McCormick, Jr., Thomas Kinworthy, William Lindsey, Joseph Cox, James Hucheson, John Parker and Peter Herrington ; twelve good and lawful men. This was the first petit jury of the county. Adam Miller, Josiah Jenkins and John Milroy pleaded guilty to assault and battery, and were fined $8, $3 and $1 respectively.

Among a number of other indictments returned by the grand jury at this term, was one against John Berry. " for selling whisky to the Indians." At the following term the case was dismissed by the prosecuting attorney. This was a law that ought to have been rigidly enforced, for out of the traffic of whisky grew a large amount of the troubles with the red men in the earlier days of the country.

The first change of venue was granted at this term of the court in the cases of Thomas Whitson and William Hill, for horse stealing, and the causes were sent to Jefferson County. Robert Shield came into court and filed a libel against Elizabeth

Ad Quod Damnum

The first writ of ad quod damnum , was issued at this term, at the suit of John Berry and William Congleton. This was the course required in those days in order to establish a " mill seat," as it was called. Under it the sheriff of the county was directed to assemble a jury of twelve men at the place where the mill was desired to be built, and it was their duty to determine what, and if any, how much, damage would result to the land owners above the proposed site by erecting a dam across the stream. In the later days of steam these proceedings have been rendered almost foreign to our courts. At the close of this session of the court, Ebenezer McDonald was allowed $20, and Charles Dewey $15 for their service as prosecuting attorneys. The session lasted until Thursday, when court adjourned, " until court in course."

The second term began on the first Monday in July following, with the same officers as before. William R. Babbit, and Reuben W. Nelson, were admitted as attorneys and counsellors at law. Craven Hester was also admitted and appointed to prosecute cer¬ tain cases. The grand jury returned the following indictments: against John Lee, for selling whisky; Thomas Kinworthy, for adultery; John Spears, for selling whisky, and Thomas Whitson and William Hill, for larceny.

At the November term, 1817, Davis Floyd produced his com¬ mission as president judge of the Second Judicial Circuit. Eben¬ ezer McDonald resigned his place of prosecuting attorney, and in his stead Craven Hester was appointed. John N. Dunbar, Henry P. Thornton, Isaac Nailor, Peter Bruner, David Raymond and James Nash were admitted as attorneys at law. At the March term, 1818, Daniel J. Caswell, William Carpenter and John De- appointed prosecuting attorney for the county. In October David Raymond was made prosecuting attorney. At that term John Berry was fined $100 for selling whisky to the Indians, but the payment was not to be demanded until further order of the court. The court recommended Berry to the governor's clemency, for the purpose of having the fine remitted.

To the people of the present generation, and since the aboli¬ tion of slavery, the following will be of interest: In August, 1819, the associate judges were called together at the court house by "a summons from Abraham Huff, Jr., a justice of the peaoe in and for said county, and being met, agreeable to the form of the statutes of this State, to prevent man-stealing, in a case of Lee White, claiming a certain negro slave, called Bill, whereupon came a jury, to-wit: William B. Buggies, Abraham Huff, Jr., James Hutcheson, George Ely, James McTaggart, Alex. C. Craig Alvah Beacher, Robert C. Ford, John J. Read, Seth Ellis and William Holman, twelve good and lawful men, who, being elected, tried and sworn, and after hearing the evidence retired from the bar to consult of and concerning their verdict, and some time after returned into court the following verdict, to-wit: 'We, the jury, find the negro, Bill, the property of Lee White. Alexander C. Craig, foreman.' Whereupon, it is considered by the court that the said Lee White is justly entitled to the negro man Bill, and that he be authorized to take him, the said negro, to the State of Kentucky." This was in the days when slavery was in its vigor throughout the South; and the whole policy of the country was not to destroy it Several attempts were made to establish slavery on Indiana soil, but all alike failed. The strongest at¬ tempt of this kind was through the early custom of apprentice¬ ship. Negroes would be "bound out" as apprentices, and, in order to avoid the law prohibiting slavery, this custom was kept up after the negroes had reached the age of twenty-one. But under the constitution of 1816, when the State government was formed, (he Supreme Court decided that such a course of appren¬ ticeship was unlawful. Later there were several cases in this county, brought by negroes, to determine their freedom, and all proved successful unless they were fugitives from another State.

At a special session held in May, 1823, Hon. John F. Boss appeared and took his seat as president judge of the Jackson Circuit Court His commission was signed by William Hendricks, as governor of the State, and it was to expire at the close of the next General Assembly of Indiana. In October following, he was given another commission, and at that time Associate Judges Leonard C. Shewmaker and James McGee, who had been on the bench since the organization of the county, were succeeded by Abel Findley and Jesse Rowland. One of the statements in the oath of office, for a judge of those days, was as follows: "That I have not, since the 1st day of January, 1819, either directly or ' indirectly, knowingly given, accepted or carried to any person, in or out of this State, a challenge to fight in single combat, with any deadly weapon, and that I will not knowingly give, accept or carry to any person, in or out of this State, a challenge to fight in single combat, with any deadly weapon, during my continuance in office." Jesse Rowland retired in April, 1827, when William Williams became associate judge. In March, 1830, Thomaa Ewing and McKinney Carter were commissioned as the associates^ but in March, 1831, Carter was succeeded by Morgan Huff.

Character Op Early Judges

At the present day there is comparatively little known of the early judges and attorneys of the courts. The first judge, David Raymond, is said to have been a good lawyer, and a man well liked by his acquaintances. As a judge he was not in his proper sphere, as his kindness was too apt to be imposed upon by aggress¬ ive and unscrupulous attorneys. He owned property near Brownstown, and at one time contemplated making it his home. His associates were Leonard 0. Shewmaker and James McGee, two prominent early settlers of the county, who were highly esteemed, and some of their descendants are still in the county. The office of associate judge was of but little use, other than to expedite business by haying it well arranged for the president judge. Davis Floyd, who succeeded Judge Raymond upon the bench, was a man of peculiar make-up. He is said to have been a tall, dark-complexioned man, with a ready flow of speech and a heavy voice. He was perhaps one of the best lawyers of Indiana in his day, and very skillful in his management of a case in court His influence with a jury was almost irresistible. On the bench he was successful, and became one of the most conspicuous men of the State. From 1800 to 1810, he was of considerable influence in dealing with Hie Indians. He joined the expedition of Aaron Burr, and was one of his most ardent admirers. At that time (1805) he was a member of the Territorial Legislature. He was to have been one of Burr's principal officers. He became judge of the Jackson Circuit Court in November, 1817, and continued upon the bench, until May, 1823. In March, before his retire¬ ment, the grand jury of the county found an indictment against him and he at once retired from the bench. Later in life he became a judge in Florida.

The successor of Judge Floyd was Hon. John F. Ross, a man of considerable eminence as an advocate. He was bright, apt, adroit, persuasive, plausible, a good story-teller and conversation¬ alist, but was not a deep student of the law. Many of the cases appealed from his judgment to the supreme court were reversed up¬ on well established principles. He was a far better practitioner than a judge. His qualities gave great influence when advocat¬ ing a cause before a jury. He remained on the bench for several years and was succeeded by John H. Thompson.

Early Attorneys

men of (he court were, without exception, among the ablest law¬ yers of the West in their time, and were the flower of the bar of southern Indiana. Meek was slow and deliberate, and went to the bottom of things. He was well read in the law but lacked that celerity, dash and audacity necessary to an eminent advocate. William Hendricks was a leading man in the State for many years. He was a member of Congress, governor of the State, and United States senator. James B. E. Goodlett was for forty years a leading lawyer of the southwestern portion of the State, and for thirteen years, from 1819 to 1832, was judge of the First Judi¬ cial Circuit He lived for several years at Paoli, in Orange County, but later moved to Bockport, in Spencer County. He was rather fiery in temper, but in reaching his conclusions was slow, almost lethargic. He lacked the readiness required before a jury. As a judge he was too domineering to be liked by the bar. After re¬ tiring from the bench he obtained an extensive practice as a solicitor in chancery. Henry Stephens was a man of unusual involving large property interests. Charles De^ey was in many respects the ablest lawyer that ever practiced at the Jackson County bar. He, too, lived at Paoli, and later moved to Clarke County. He was a hard student and would, if necessary to gain his point with the court, cite scores of cases from all parts of the world, in all times, involving the principles the application of which he sought. He was a profound counsellor, and if his client's case possessed merit he knew it. His papers were models of strength, skill, pith and perspicuity. He was a large man, of fine physique, was solid and deep in debate, rather flashy and superficial, but he gave sufficient rhetorical color to his arguments to render them interesting to the dullest listener. He always ob¬ tained the closest attention of both court and jury. He was dig¬ nified, without stiffness; sociable, without familiarity; sarcastic, without bitterness, and, though an ardent Whig, applied himself

Harbin H. Moore was a natural orator and full of fiery energy, and as an advocate was excelled by few, if any, that he met. He was brilliant, rather than profound; was quick at retort, adroit in debate, poetic in fancy, magnetic in manner, and was therefore a jury lawyer of the highest type. He became a candidate for Con¬ gress, and for governor, but was beaten in both contests, in the latter by Governor Bay, in 1828.

Character Of Judge Thompson

The March term, 1834, was the last of Judge Ross upon the Jackson County Bench. His death occurred early in the follow¬ ing summer, and at the September term John H. Thompson pre¬ sented his commission as presiding judge of the Second Judicial Circuit It was signed by Gov. Noah Noble, and dated July 5, 1834. Judge Thompson remained upon the bench for several years. He was an excellent judge of the application of the prin¬ ciples of law or equity to the case in hand, and was not often reversed in the supreme court It took a skillful lawyer to con¬ ceal from him, in the depths of conflicting evidence and argument, the actual principles involved. He unraveled the web or skein of the most complex or baffling case, and presented the legal and equitable points with a deliberate accuracy surprising to the law¬ yers. He was well educated, slow, deliberate, auburn-haired, tall, aristocratic, wore a wig, and was rather a poor pleader, as he lacked language, wit and forensic power. Politically he was a Whig, but took no active interest in politics.

Interesting Early Items

The office of prosecuting attorney was, in 1819, at the June term, filled by James Nash. The first case appealed to the supreme court was one entitled the State of Indiana vs. Jesse

Durham, for gaming. Charles was employed in behalf of the State. It was affirmed at the March term, 1820. Early in 1820, James Braman became prosecuting attorney, and was succeeded in 1822, by Reuben W. Nelson, who was long a conspicuous attorney at the Jackson Bar. A nearly complete list of the prosecuting attorneys from this time on is here given: Andrew C. Griffith, 1823; John Kingsbury, 1825; Milton Stapp, 1826; John H. Thompson, 1829; Charles Dewey, 1833; John W. Payne, 1838; Theodore I. Barnett, 1841; Henry P. Thornton, 1842; William A. Porter, 1843; Cyrus L. Dunham, 1845; Lyman Leslie, 1848; Samuel W. Smith, 1850; George A. Bicknell, 1851; Samuel W. Short, 1853; Patrick H. Jewett, 1854; Thomas M. Brown, 1855.

In 1819 the prison bounds were made to correspond with the town of Brownstown. One of the important features of the jails in those days was the debtor's prison. Imprisonment for debt was then allowed, and it was not infrequent that this sort of redress was resorted to by the unyielding creditor. As late as August, 1829, the grand jury reported that the debtor's jail was not sufficient, showing that the system was yet maintained in its rigor.

By a law of Congress, passed in 1819, all disabled and impover¬ ished Revolutionary soldiers were awarded a pension upon the proper application. The company, with its captain and the general, were to be given, with the battles engaged in, together with a sched¬ ule of the property of the applicant There was need of two witnesses, at least one of whom was to be a minister of the gospel This sort of proof was to be sworn to before some court of record in the United States. In this county, George Kephart, John Spring, Michael Cotney, Charles Boyles, David Boyles, Asahel Phelps, Thomas Standage and Charles Hogan made application.

In 1821 Daniel Grant was appointed master in chancery for Jackson County, and in 1824, William Marshall and Andrew 0. Griffith, were appointed to the same office. In 1820, publica- tion was made in the Toxsin , but where the Toxsin was published is beyond the present memory of man. Three years later the Indiana Farmer was published, and was the medium of publica¬ tion.

Early Cases

The list of crimes that were brought into court during the three or four years of the county's organization, includes almost every crime and misdemeanor known to the criminal law. In 1821, James Reno was indicted for mayhem, and almost from that hour to this the name of Reno has been a source of mortification and regret to the best citizens of the county. At that first trial he was found guilty.

In August, 1829, Thomas Whitson was tried for an assault and battery with intent to commit murder, but he was acquitted. It is astonishing to look over the court records of those early t ime* and note the number of acquittals. A conviction was rarely brought around showing that either the grand or the petit jury was largely at fault Which one it was is not for the present genera¬ tion to say. This was the same Thomas Whitson who figured in the first indictment found in the county for larceny. The larceny was only a simple case of horse-stealing. At that same term, in 1829, was begun the first suit for alimony. It was brought by Margaret Holt against her husband, Samuel Holt. Counterfeiting made its appearance about the same time. In the summer of 1829, the will of Enoch Magruder was recorded, and in it there were a lot of negro slaves disposed of; but the slaves were most likely in Kentucky.

It was about 1833 or 1834, that the German immigration to this county began. In March of the latter year, thirteen natives of Switzerland came into court and declared their intention to become citizens of the United States; From that time 'on the records are replete with naturalization matters. In March, 1836, James Reno was again at the bar of justice, to answer to the charge of arson, but after a long fight he was acquitted.

The Cren8Haw V8. Benton Slander Case

Perhaps one of the most interesting cases ever tried in Jackson County, was the suit of William and Elizabeth Crenshaw, against Walter and Hetty Benton. This was brought to obtain damages for slanderous words spoken of Mrs. Crenshaw by Hetty Benton. The prominence of the parties to this suit, rendered it one of the most conspicuous. The ablest attorneys of Southern Indiana were employed in it For the plaintiffs, were Andrew C. Griffith, Richard W. Thompson, Jeremiah Rowland and Henry P. Thornton. For defendants, John W. Payne seems to have appeared alone, but it is probable that he had assistance. He lived at Corydon and had a large practice in this county, and was considered one of the ablest lawyers of his time. After a bitter contest, the jury returned a verdict in favor of the plaint¬ iffs, and fixed the damages at $700. One half of this amount was at once assigned to the lawyers. This alone is a suggestive fact

The Sumner Murder Trial

The first indictment for murder found by a Jackson County jury, was at the August term, 1840. It was drawn by John W. Payne, at that time prosecuting attorney, and charged that James Sumner, 44 not having the fear of God before his eyes, and at the instigation of the devil," killed his wife, Nancy Sumner, by beat¬ ing her with a hammer and choking her with his hands. This is about the substance charged in all the superfluity of legal lan¬ guage. A motion was made by the defendant for a change of venue, but that was denied by the associate judges, who ruled against the presiding judge. The attorneys for the defendant were Joseph Marshall, of Madison; John Kingsbury and Ezekiel L. Dunbar, of Brownstown. Marshall was one of the ablest men Indiana has ever produced; and the others were above the average of attorneys. The case came on for trial at the September term following, and after a four days' contest the only result was a disagreement of the jury. The evidence was almost entirely cir¬ cumstantial, and seems to have proved about the following facts: On the early morning of the death, Sumner and his wife had & quarrel, and were heard in loud talking. A woman's voice was heard to exclaim " O Lord! O Lord! O Lord! " and that was about all The body was found in a well containing about seven feet of water, and expert testimony went to show that the body was dead before it was thrown into the water. These, with a few other facts, such as the conduct of the defendant and some of the state¬ ments, made up the bulk of the State's case. The defense tried to show that the woman was drowned, either by accident, or with the intent to commit suicide. The second trial occurred in February, 1841, with Theodore I. Barnett, attorney prosecuting. The jury at this trial was composed of the following men: Vandever Wray, Jesse Morris, George Stanfield, William Gobel, Samuel Nelson, John Hunsucker, Angus McPherson, William S. Ander¬ son, Leonard C. Shewmaker, John Tripp, Daniel Holmes and John B. Brown. This was the first jury that ever convicted a man of murder in the county. Sentence was passed on Sumner, and on the 7th of April he was " to be hung by the neck until he be dead." The case was appealed to the supreme court and there reversed, the decision being rendered by Isaac Blackford, one of the ablest of Indiana's early jurists. The ground upon which the case was reversed was, the refusal of the court below to instruct the jury that the defendant need not disprove circumstances proved before them, and that such failure to disprove on his part need not operate against him unless it be shown that he had the means in his power to disprove them. Was tried the third time in August, 1841, and again convicted, and sentenced to be hung on Thursday, October 7.

The Execution

joining country. The scaffold was erected north of Brownstown, on the hill, not far from the present site of the residence of Wright Vermilya. It is said that the condemned maintained his innocence to the Iasi After the springing of the trap death soon came, and he was with the future where alone the absolute cer¬ tainty of the crime will be revealed.

The Findley Murder Trial

In the meantime, another murder case had arisen that was attracting considerable attention. At the February term, 1841, William Findley was indicted for the murder of Leroy Gilbert, by shooting him in the back of the head. He was tried at the same term and convicted by the following jury: Lewis Smith, Thomas Collins, William W. Peck, John Z. Russell, John Downing, James Fisler, Patrick Kernes, Henry Boaz, Riley Keller, John Weathers, Isaac Newkirk and James Johnson. This cause was also denied a change of venue, and the trial lasted five days. Findley was sentenced to be hung on the same day with Sumner. This too, was a case of purely circumstantial evidence, and it was reversed in the supreme court on exactly the same ground as that of Sumner. Again, in August, he was tried, found guilty, and sentenced to a term of seven years in the State's prison. In this case, Theodore I. Barnett was prosecuting attorney, and brought considerable vigor to the State's cause. He was an orator of more than usual ability, and his services were in good demand both in his profession and on the stump.

In February, 1845, Hon. William T. Otto succeeded Judge Thompson as president jndge of the Second Judicial Circuit. He had been practicing at the Jackson County bar since 1838, and was a resident of Brownstown. As a lawyer he was. not much above the average, but succeeded in acquiring a very good prac¬ tice in this and the adjoining counties. Soon after his promotion to the judgeship he moved to New Albany. He continued upon the bench until the organization of the courts tinder the new con¬ stitution. After that he was for several years in the employ of the Government in the Department of the Interior, and later was for some time clerk of the United States Supreme Court

The Associate Judges

Under the old constitution there were in each county associate judges whose duties seem to have been more ornamental than useful, and generally mere spectators at the bar of justice, with a somewhat exalted station. As already mentioned, Leonard C. Shewmaker and James McGee were the first to fill this position. The changes in this office down to March, 1831, are elsewhere given. At that time Thomas Ewing and Morgan Huff were asso¬ ciates upon the bench. The next change was in March, 1838, when Edwin H. Parsley and Eli W. Daily were the next in that office. In February, 1845, Judge Daily was succeeded by Andrew Robertson, and he in 1848 by Adam Miller. Parsley and Miller continued in this place until the adoption of the new constitution abolished the office, and the associate judge folded away his ermine for all time in Indiana.

The Change Under The New Constitution

The courts of Indiana were organized early in 1853, under the new constitution. The first one held in Jackson County began on the 28th of February, of that year, at which time Hon. George A. Bioknell appeared as sole judge of the second judicial circuit, and Samuel W. Short as prosecuting attorney. Comparatively little business was done at that term ; most likely for the reason that the practice under the new system had not been thoroughly formulated. The present code practice in In¬ diana has been in operation since May 9, 1853. Under the old system many relics of the feudal time were still lingering. Sev¬ eral of the fictions of the ancient common law were still retained, but under the new code the methods of pleading were much simplified and the fictions were all abolished. Thenceforth all actions were to be prosecuted and defended in the names of the real parties. It was at that time that the famous mythical per¬ sonages John Doe and Richard Roe were forever banished from the courts of Indiana. These were fictitious plaintiffs and de¬ fendants that were used in all actions to recover the possession of real property. They had been so long connected with the common law practice, that the " memory of man runneth not to the con¬ trary." This oommon law action of ejectment originated about the beginning of the fourteenth century on account of " the thou¬ sand nicities with which real actions are harrassed and entangled." The readiness with which John Doe always came, forward to assert the alleged right of the man out of possession, and the equal promtness of Richard Roe to maintain that the man in possession was the lawful owner, were such as to command the devotion and sincere attachment of all true lovers of the old sys¬ tem. It was with deep regret that the old practitioners took leave of these knights errant of the common law. The alterations and modifications of the practice were such that many of the older lawyers never became reconciled to the change. They, had stud¬ ied the common law in all its intricacies, and had learned to love it for its wisdom and its grandeur, and it was against the loud¬ est protestations that any part of it wets pruned away. Some even went so far as to abandon the practice altogether, while others who continued in the profession never became reconciled to the change.

Important Criminal Trials

In March, 1852, Daniel Maybe was indicted for the murder of John Quarmby. He was said to have done the killing December 10, 1851, by stabbing. Maybe escaped and was never tried. In August, 1852, James Sheridan was sent to the penitentiary two years for counterfeiting, and Ruel Stuart two years for an assault and battery. At that term the grand jury returned thirty-one indictments, showing that crime was not much on the decline. In August, 1853, Christopher Bose was indicted for the murder of his brother Henry. He was acquitted on the ground of insan¬ ity and sent to the insane asylum. At that same term an indict¬ ment was returned against Henry Bedaker, for the murder of his father-in-law, John Driftmeyer. This case hung on for some two or three years. A change of venue was taken to Lawrence County, but he was finally tried in this county and convicted. A sentence of two years was imposed. The supreme court reversed the case, holding that the indictment ought to have been quashed. At the best only a case of manslaughter was made out, and upon a return to the county the statute of limitations intervened to pre¬ vent further prosecution. It is said the killing was probably jus¬ tifiable as a matter of self-defense.

Patrick H. Jewett succeeded Short as prosecuting attorney in 1854, and one year later Thomas M. Brown filled the office. Un¬ der the new system of practice things went along smoothly and business was disposed of fully as rapidly as when there were three judges instead of one.

The Judges

Judge Bicknell continued on the bench until a change in the districts in 1873, thus making a continuous term of twenty years, the longest period ever served by judges of this county. As a man he was well liked and was popular. He ranked high as a judge. He has since been a member of Congress, and was one of the supreme court commissioners, in both of which positions he served with ability and distinction. For many years he has been a resident of New Albany. In April, 1873, he was suc¬ ceeded by Frank Emerson, of Brownstown, who had before then served as judge of the court of common pleas for nearly five years. He was appointed to the vacancy by Gov. Hendricks, and served until a successor was elected in November following.

Judge Emerson is too well and favorably known in Jackson County to require extended notice here. He was admitted to practice at this bar in February, 1845, and not long after that he located at Brownstown, having made that his home ever since. He ranked among the best lawyers of the county. As a coun¬ sellor and adviser he was unsurpassed by any at the bar. He was a better judge than an advocate.

In November, 1873, Thomas C. Slaughter took his seat as circuit judge, and he continued to preside there until April, 1877, when the present judge, Thomas L. Collins, succeeded him. From that time to this Judge Collins has been guiding the course of justice with impartiality, and has constantly grown in public favor both as a judge and as a citizen.

The Common Pleas Court

The first court of common pleas in Jackson County began January 17, 1853. The Hon. J. R. E. Goodlett, who had been a leading attorney and judge of southern Indiana for forty years, was judge, and Samuel W. Smith was the district attorney. At its establishment the court of common pleas was given exclusive jurisdiction of probate matters, and the old probate courts were, abolished. This was another of the changes which the new prac¬ tice brought about. It had original jurisdiction of all that class of offenses which did not amount to a felony, except those over which justices of the peace had exclusive jurisdiction. State prosecutions were instituted by affidavits and information. Under certain restrictions this court had jurisdiction over felonies where the punishment could not be death, and in no case was the interven¬ tion of the grand jury necessary. In all civil cases, except for slan¬ der, libel, breach of marriage contract, action on official bond of any State or county officer, or where the title to real estate was involved, this court had concurrent jurisdiction with the circuit court, where the sum or damages due or demanded did not exceed

$1,000, exclusive of interest and costs. It also had concurrent jurisdiction with justices of the peace, where the sum due or demanded exceeded $50. When the court was organized appeals could be taken from it to the circuit court, but that right was afterward abolished, but appeals could be taken to the supreme court, and its jurisdiction was from time to time enlarged. The clerk and sheriff of the county officiated in this court as well as in the circuit court, and the judge was ex-officio judge of the court of conciliation. This last had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and battery and false imprisonment, and extended to questions of reconcilia¬ tion and compromise only. No, attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by guardian, and a female by her husband or friend. This branch of the court was abolished in 1867.

Other Judges Of The Common Pleas

Judge Goodlett remained as the chief of this court until Jan¬ uary, 1857. At that time Frank Emerson assumed the duties of com¬ mon pleas judge, which he continued to discharge until January, 1861. His successor was Ralph Applewhite, a citizen of Brownstown, who had been practicing at the Jackson County bar since the February term, 1854. He came to the county a young man, from Mississippi, and brought with him a large amount of the vim and lofty bearing of citizens of his native State. He soon took rank as a leading lawyer, and was more than usually succesful as an advocate. Judge Applewhite is yet one of the leading practitioners of the county. He resigned the judgeship in the summer of 1862 to enlist in the Federal army as a captain. The vacancy was filled by the appointment of Beattie McClelland, who continued on this bench until January, 1865. From that date to

October, 1868, the position was filled by Jephtha D. New. Judge Emerson was his successor and held the office until the court was abolished, the last term being held in January, 1873.

Probate Court

The first record of a probate court in Jackson County is dated November 21, 1839, and Hon. Abe] Findley was probate judge. Before that time the probate business had been disposed of mostly by the associate judges. This court had jurisdiction in all matters pertaining to the settlement of decedents' estates and to guardianships. In November, 1843, Samuel W. Tanner suc¬ ceeded Judge Findley upon the probate bench. After three years he retired, and in November, 1846, William Williams took his seat as probate judge. He continued in that capacity until the adoption of the new constitution, when the probate court was abolished.

The Jackson County bar has always been considered one of the ablest of Indiana. Besides those already mentioned the names of Jason B. Brown, Albert P. Charles, William K. Mar¬ shall, Byford E. Long and Bartholomew H. Burrell are conspicu¬ ous. As an advocate it is probable that Mr. Brown is the peer of any attorney in the State, with the boundary of which his fame is co-extensive. Below is given a nearly complete list of the attorneys as they were admitted to the bar of the county up to the year 1858. For various reasons it is almost impossible to bring the roll to a later date with anything like completeness.