Madison County, Indiana - Chapter 10, 1897

Chapter 10

Tlie business of Madison county from the time of its formation in 1S28 to 1S25 was transacted by the associate judges, but sometime during the latter year tliree commissioners were elected to look after county affairs. These connnissioners ^vere succeeded by a board of justices composed of all the justices of the peace in the county , who looked after the county's business until 18-!l), when the law was again changed, the methods prescribed for the transaction of the public business being substantially the same as they are at the present time.

The first board of commissioners elected under the law of 1S20 was composed of Thomas McCartney, Henry .Svbert and John Berry, who met in special session in September of that jear and proceeded to make a tax levy for county purposes. The Board ''ordered that, for the purpose of raising a county revenue for the present year, the following rate of taxation be laid, to-wit: On every hundred dollars' worth of town property, exclusive of improvements, 7-") cents ; on polls, i57i cents ; on work oxen, 55 cents ; on horses over three years old, 50 cents; on land, at the rate of 50 cents on 100 acres of firstrate land ; 40 cents on 100 acres of second-rate land, and 30 cents on 100 acres of third-rate land."

This tax-levy would not be regarded as much of a burden in this day by the tax-paj-ers of the county. But it was sufficient at the time it was made to meet all the necessary expenses of the county.

At a session of the Board of Commissioners lieid in May, 1881, we find it " Ordered, by the Board, that Aaron Sliaul be and he is hereby allowed the sum of $4 for assessing taxes during the year 1830, and for taking the census."' It is not known how long Mr. Shaul was engaged that year in assessing property and taking the census of tlie county, but it is evident that if he had any board bills or traveling expenses to pay he did not lay up "much of his salary. The duties of the office of assessor at that early day, however, were not very onerous: in tact, there was but little to do in any ot the offices, antl the men who were chosen to fill them not being up in the art of ta.xing "constructive fees'" and without education on the beauties of " salary grabbing,'" seemed to be contented with the meagre compensation allowed them by law for their services.

In 1833. the first delin(|uent tax li>t was published, the delinquency at that time for the entire county amounting to only .|5.72f . This list was " published "' by being " tacked "" on the court house door, there being no newspaper at that time within the limits of the county. Posting notices was the only method from the organization of the county to 1834 of calling public attention to the orders and decrees of the courts. At a term of the Board of Commissioners in liS29 it was ordered among other things that "The clerk make out and put up at the court house door of the county a fair statement of the expenses of the county for the present year." The records do not show what the expenses of the county were for the year named, but they would appear very insignificant - a mere trifle - as compared with the amount of money that is required at this time to run the county. The expense in all the departments of the county government during the "20s arid '30s was very small, and even so late as 1848 the total amount of taxes levied in the entire county anounted to less than twelve thousand dollars. The tax duplicate for the past year(18U5) shows that the total amount of taxables in Madison county amounted to !t!:2(i,OU4,775. and the total amount of taxes .1398,568.9:2 1 These enormous amounts are very significant and indicate among other things the wonderful improvements that have been made in this county in fifty fleeting years. The early officials who administered the aft'airs of the county may have indulged in Utopian dreams, but their visions of Madison county's future greatness were tame in comparison with her proud position to-day.

The seat of justice as we have seen was located temporarily at Pendleton - from the year the count}' was organized until the summer of 18:28 - when it was removed to Anderson. The act providing for the location of the seat of justice at Anderson designated the house of John Berry as the place where the courts of Madison county should be held, and the first offiniSTCIKV OF MADISON COUNTY, IXDIAXA. 61 cial notice perhaps of tlie remo\aI of tlie seat of justice to Anderson was contained in tlie record of tlie October term of the circuit court for the above year. Tliis record was destroyed by the burning of the court house in 1882. The house of John Berry was a double log cabin and the same that had been built and occupied bv Chief »\nderson and his son as a dwelling.

Circuit And Associate Judges

From 1823 .to 1852 two associate judges sat with the circuit court in the tri.-il of causes, but in the latter year the office was abolished. The names of the circuit and associate judges from 1829 to 1852 are as follows ; Circuit judges - William W. Wick, Miles C. Eggleston, Hethuel F. Morris, William W. Wick (second term), James Morrison, David Kilgore, Jeremiah Smith. Associate judges - Samuel HoUiday, Adam Winsell, Andrew Jackson, Charles Mitchell, William Prigg, Abram Thomas, Uriah Van Pelt, David I'ickard, George Millspaugh, J. W. Walker, Eli Hodson.

From 1852 to the present, the following named circuit judges have occupied the bench : Stephen Major, Joseph S. Buckles, Henry A. Brown, John Davis, James O'Brien, Winburn R. Pierce, Hervey Craven, Eli B. Goodykoontz, David N. Moss, M. A. Chipman, Alfred Ellison and John F. Mc- Clure. wlio is now on the bench. The names of these judges are given in the order in which they held olKce.

The following are the names of the officials who have prosecuted the pleas of the state in Madison countv since its organization. The names of the other officials of the county will be found elsewhere in this work.

From 182i5 to the present time the names of the prosecuting attorneys, in their order, are as follows; James (jilmore, Harvey Gregg, Oliver H. Smith, James Whitcomb, William W. Wick, Hiram Brown, Harvey Gregg (second term) William Herod, William (^uarles. William J. Peaslee, Jeremiah Smith, John M. Wallace, John Davis, Joseph S. Buckles, Richard Lake, William Garver, Reuben A. Riley, De Witt C. Chipman, David Nation, David Moss, John A. Harrison, Lemuel Gooding, William O'Brien, Joseph E. Elliott, F. M. Trissal, Joel StatTord. A. S. McCallister, F. M. Householder, Thomas B. Orr, W. A. Kittinger, D. W. Wood, A. C. Carver, B. H. Campbell and Daniel W. Scanlan.

In 1828 the common pleas court was established, as previously stated. The prosecuting attorneys for this court until it ^vas abolished were James \V. Sansberry, W. R. Hough, Calvin D. Thompson, William F. Wallace, Joseph W. Worl and Washington Saunders.

The Probate Court

The Probate Court was established in 1829, and continued in existence until 1852, when it was abolished by an act of the legislature and the Common Pleas Court established. The jurisdiction of the Probate Coui t was limited in its jurisdiction to matters of estates, guardianships, etc., and the first judge elected to fill the office was James Scott, who served for a period of ten vears. He was succeeded by Judge W. 11. Mershon, who served from 18-11 to 1851. Judge Mershon was a dignified, yet affable gentleman, and is slill kindly remembered by the remaining old-timers in this comity. He W'as succeded by J. N. Starkey, who served from 1851 to 1852, when the court was abolished.

The Common Pleas Coirt

The Common Pleas district of which ISIadison count v was a part was composed of Madison, Hancock and Henry counties, and the first judge elected to the office was David S. Gooding, of Hancock county, who served from 1853 to 1856, when Richard Lake was elected. Judge Lake served until 1860, when he was succeeded by William Grose, of Henrv county. Judge Grose resigned shortly after being elected, and E. B. Martindale, of Henry county, was appointed to the vacancy by the Governor. Judge Martindale also resigned after serving a short time, and Judge Gooding was again elected in 1862 to the judg'eship. He served four years and was succeeded by William R. West. Judge West held the office for a period of eight years and was succeeded by Robert L. Polk, who served until 1878, when the court of common pleas was abolished.

The Superior Court

After the Commpn Pleas Court had been abolished all legal matters over which it had jurisdiction were adjudicated in the circuit court. The business of this court increased to such an embarassing extent with the increase of population and development of the county that it became necessary in

1895 to take steps toward relieving tlie situation. To this end a bill was introduced at the 59th session of the General Assembly, held in 1894 - 5, creating a superior court for Madison county. The bill was passed on the I'Ttli of February, 1895. and became a law.

Concerning the jurisdiction of the superior court, .Sec. 10 of the act says : "Said court within and for said county shall have original and concurrent jurisdiction with the circuit court in all civil cases and jurisdiction concurrent with the circuit court in all cases of appeal from justices of the peace, boards of county commissioners, and mayors or city courts in civil cases, and all other appellate jurisdiction in civil causes now vested in or which may hereafter be vested by law in the ciicuit court; and said court shall also have concurrent jurisdiction in all actions by or against estates. Provided, however, that said superior court, hereby constituted, shall not have jurisdiction in a matter of probate or the settlements of decedent's estates, but the same shall be and remain within the jurisdiction of the circuit court as now provided by law.""

After the bill creating the court had become a law, a pstition numerously signed by the members of the bar and leading citizens of the county was presented to the governor asking that William S. Diven be appointed judge. There was but little, if any, opposition in any quarter to the appointment of Judge Diven and he was accordingly honored by the governor with the position, his commission being presented to him on the 1st of March, 1895. Judge Diven was succeeded bj' the present incumbent, Henry C. Ryan.

In this roster will be recognized the names of men who in their time were eminent in the affairs of the State and nation. One at least was a United States Senator, some were elected to the office of Governor, .several to the lower house of Congress, and many were chosen at different times as judges. But three - Judge Jolm Davis, R. N. Williams and Isaac Scearce - resided in the county, the others being citizens of other but contiguous counties. Along with the development of the county, however, and the increase of population, the local bar increased in number-; correspondingly until 1887, \vhen, owing to the discovery of natural gas, men of all classes, conditions and professions flocked to the county, and the bar was augmented to such an extent that it now numbers ninetyfive members. From 1840 to the present time (1S'.)()) the following named persons residing in the county have been admitted to the bar. Many of the persons whose names are given have departed this life, while others have retired from the pn.ctice or removed from the county :

Forkner. M. M. Dunlap. J. E. Wiley, Frank Matthews, D. T.. Bishop, Joiin Siiannon, ^\^ F. Edwards, O. A. Armfield, F. A. Littleton, Jos. Schumacher, L). W. Scanhm, Mark P. Turner, L. B. Jackson, J. T. Ellis, Nicholas Harper, Isaac A. Loeb, Geo. S. Taylor, A. A. Stiles, R. Broadbent, John Beeler, James A. VanOsdal, II. F. Wilkie, H. W. Taylor, Edward Hall, Austin Retherford, J. W. Perkins, A. J. May, Bert Call, J. B. Mclntire, W. W. Barton, L. A. Rizer, Charles Bagot, E. S. Boyer, John Finan, Jr., Guy Ballard, |. J. Netterville, A. L. Doss, E. M. Welker, J. L. Crousc, \\illis S. Ellis, F. T. Pulse, Alva George, W. II. Jones, A. H. Vestal, W. A. Tipton, Charles Clevenger, Thomas Bagot, W. S. Rector, M. E. Fitzgerald.