Madison County, Indiana - Chapter 12: Bench and Bar, 1914

First Seat of Justice - Early Courts and Pioneer Judges - Char¬ acter of the Early Lawyers - Sketches of Judges and Promi¬ nent Attorneys - The Superior Court - Incidents in Connec¬ tion With Legal Practice.

When Madison county was organized in 1823, its seat of government was located at Pendleton and kept there until 1828, when it was moved to Anderson. The first housing of its court in this city, or town as it then was, though that was less than a century ago, links the dawn of our courts with a cherished romance of the period, for our first court¬ house was a log cabin which had been built and inhabited by the good Indian, Chief Anderson, and his son. -

At the beginning of our judicial needs, the statutes made provisions for a circuit court which has continued down to the present, and bids fair for a long life yet. Now and then at different dates other tribunals have sprung into existence, but most of them, some after a considerable period, others in a few' brief years, following their creation were cut short and are no more. The jurisdiction of these additional courts was not so comprehensive as that of the circuit court.

The probate court w 7 hich flourished from 1829 to 1852 had to do simply with such matters as are now addressed to the probate side of the circuit court. James Scott was its first judge and held his office for more than ten years and until 1841, when W. H. Mershon rose to the same honor wore it during a like period and until 1851 when J. N. Starkey succeeded him only to lose his office the next year w T hen the court was abolished.

With the disestablishment of the probate court, a court of common pleas was brought into existence and was retained until 1873, when the legislature compelled it to go the w r ay of the former inferior tribunal. The district of this court was composed of the counties of Madison, Hancock .and Henry. And the attorneys elected to fill the office of judge while it lasted w 7 ere as follow's beginning wfith the first and nam¬ ing them in the order of their service: David S. Gooding of Hancock county, Richard Lake of Madison, William Grose of Henry, E. B. Martindale of Henry, David S. Gooding, again elected in 1862, William R. West of Madison and Robert L. Polk of Henry.

And the attorneys who prosecuted the pleas of the state in this court were from first to last naming them in the order of their service: James W. Sansberry, W. R. Hough, Calvin D. Thompson, William F. Wallace, Joseph W. Worl and Washington Saunders.

The only bench in the county which in importance may properly be classed with that of the circuit court is our superior court organized in 1895. Aside from criminal and probate cases, over which it has no power, its jurisdiction is co-equal and co-extensive with that of the circuit court in all civil causes.

The superior court of Madison county has proved itself of great value. Its beginning took on a happy cast from the splendid adminis¬ tration which it received through the ability of William S. Diven, its first judge, appointed to the position by the governor of the state imme¬ diately upon the passage of the act creating the court. He brought to the discharge of his duties all the essential requisites of a successful nisi prius court-industry, impartiality, a keen sense of honor and the mental power to grasp readily the force of testimony and the law's reasons.

The confidence of the public in this court continues. The three terms inaugurated since that of Judge Diven closed have enlisted the conscientious labors of Henry C. Ryan, Cassius M. Greenlee and Clar¬ ence H. Austill, the present incumbent, respectively in the order named. And their deliberations and decisions have aided in securing for this tribunal the high respect of the bar and of litigants, and a bright place on the pages of our judicial history.

Referring again to the circuit court we behold a long line of judges who have from time to time been summoned to its service. At the time of its creation and for many years following that, two associate judges were called to sit with the circuit judge in the trial of causes. This form of procedure lasted until 1852. Then it was changed, and ever since then the circuit judge has presided alone.

The names of those occupying this position from the birth of the county down to 1852, are William W. Wick, Miles C. Eggleston, Bethel F. Morris, William W. Wick (second term), James Morrison, David Kilgore, and Jeremiah Smith. And the associate judges who served during the same period were: Samuel Holliday, Adam Winsell, Andrew Jackson, Charles Mitchell, William Prigg, Abram Thomas, Uriah Van Pelt, David Pickard, George Millspaugh, J. W. Walker and Eli Hodson. And the names of the circuit judges since 1852 are: Stephen Major, Joseph S. Buckles, Henry A. Brouse, John Davis, James O'Brien, Winburn R. Pierse, Hervey Craven, Eli B. Goodykoontz, David N. Moss, Marcellus A. Chipman, Alfred Ellison, John F. McClure, Charles K. Bagot.

This court in Madison county, owing to its long life, coeval almost with that of the state, and the high and faithful character of its func¬ tions deserves in this connection more than a mere mention of its duration or its honored names. Those of an earlier period with few exceptions were chosen from the counties with which Madison at differ¬ ent times was framed into judicial circuits, and naturally wore not so well known to us as those w r ho were elevated to that station from our very midst, which of course took place as populations grew denser and the circuits in consequence dwindled in area. This process has advanced until Madison county has become a circuit to itself. The judges of the old circuits, however, were men of exalted characters and deserve as they are sure to retain the respect and gratitude of all who have inher¬ ited the safe and sane conditions of a society to which they definitely contributed by their care and efforts in the administration of justice. The record of the Madison circuit court can not be truly traced in terms other than those of praise. No one of its many members was ever impeached nor so much as threatened with such a proceeding. It has never been charged or believed upon reliable authority that any one of them was ever moved or tempted in his official action by corrupt con¬ siderations. The people of the county can not too often recall the debt of gratitude they owe to their clean and upright judges. Think of the thousands of controversies they have heard and helped to settle. It seems but little short of marvelous that through all the quarrels of neighbors and the fierce litigation that has marked our local history, we should yet have settled down to the quiet order of the present, so that all fair minded men now looking back over the work of the courts may say, "well done." Can the general public or the litigants directly effected do less than declare the integrity and intelligence of the Madi¬ son county courts?

To some of the men who have served upon the circuit bench in recent times there attaches a special interest, both from the inherent traits of their characters and from the volume and importance of the questions which they were called upon to try and determine.

At the conclusion of a certain trial before the Honorable Hervey Craven wherein the defendant had been fined, his attorney in a com¬ plaining tone remarked that the judgment was rather severe. To this the judge replied, "Well, damn him, he shot my dog."

Again, when a woman of none too savory a reputation for chastity had appeared at the bar for trial upon a charge which emphasized her unfortunate weakness, the judge after a composed but complete survey of the court room, turned to the sheriff and inquired why it w T as that citizens, naming them, were not present. None of these gentlemen had any connection with the case, but the judge knowing their relish of the testimony usually elicited at such trials, thought it worth w r hile to inquire in open court for them.

But w r ho looking back a generation does not delight to honor the "rough and ready" manner of Judge Craven, by which he enlivened the administration of justice? And though somewhat eccentric in his notions of procedure and the etiquette of the court room, no one questioned his integrity or that he possessed a fearless love of justice or the courage to open for it a highway to the true goal when weighty issues were at stake.

The disposition to encourage a compromise of pending litigation has increased notably during the present generation. This may be the case in various counties of the state. But whether such is a fact or not, it is so in Madison county. And the spirit of compromise was given its most distinctive opportunity when Eli B. Goodykoontz succeeded Judge Craven on the bench in 1880. Judge Goodykoontz had never exhibited the extreme qualities of a militant, even as a practitioner. He came nearer to being what is generally understood as an office law¬ yer. And while he was unquestionably a good pleader and sound law¬ yer, as may be supposed from his long partnerships with two giants of the local bar, that first with John Davis, who subsequently became judge, and that afterward with the late James W. Sansberry, he did not enjoy participation in the fierce conflicts of the form. Hence, a3 was but natural when he came to preside as the judge of the circuit bench, it was his habit as it was his happy privilege, in cases prom¬ ising but meager results at the end of long drawn out struggles, to sug¬ gest to attorneys for plaitiffs and defendants a settlement without trial. In many instances his advice was followed. And soon the resort to mutual settlements without the intervention of judge or jury became almost common, except in the weightier cases where differences were radical or of such a nature that the tribunal provided by the statute, as aften happens, was the most expedient, the cheapest and the best that could be invoked for the determination of the dispute. But Judge Goodykoontz was a man of the purest morals, the highest integrity, and with his firm grasp of legal principles, he was a positive aid in the con¬ duct of the court, and his widespread and healthful influence for honor¬ able practice at the bar had a justification in all that he did and stood for.

Marcellus A. Chipman came to the bench in 1888. He was the absolute antithesis, both of Judge Moss his immediate predecessor and of Judge Goodykoontz who had preceded Judge Moss, in his attitude toward pleading and practice. They cared hardly at all for form, if only results might be reached. Judge Chipman was more lawyer like. Trained to make issues by regular and logical steps, he adhered to that method always. And nothing delighted him more than a well worded, clean cut, logical presentation of an issue on paper. To him came exquisite delight to weigh the argument of counsel as revealed in sharp incisions of keen retort or in the heavy proof of authority piled on authority. He fell nothing short of the kindly men who had gone before him in his hope to see justice prevail. He had all patience, and would listen to an advocate old or young as long as he cared to write or talk in support of his position. But he seemed to think that when a party had committed his grievance to the court, it should be threshed out through the processes there provided. And so with the circumspec¬ tion of the clear headed pleader, with the promptness of the faithful public servant, with the fairness of the just judge, he welcomed the formation of the issues to a finish and all the conflict that those joining them might produce until judgment was rendered. This requirement of the court too was a good lesson to those practicing before it. The advantage of well reasoned statements and carefully prepared papers were readily recognized by all members of the bar. And there is no doubt that many, especially the younger lawyers, have experienced great help in the fondness of Judge Chipman for correct pleading and for all the finer practices of the profession.

Alfred Ellison was chosen circuit judge by the electors of the county in 1890, being at the time but thirty-six years of age, probably the youngest candidate ever elevated to that position in this county. He had then been engaged in the practice of his profession but a few years, and there were not lacking those in the campaign who expressed their doubts of his ability to discharge the duties of the office to which he aspired. But the fact soon daw r ned and to the great gratification of his friends, that he was fully master of the new situation. During the first four years of his term there were more causes disposed of by him each term than ever found their way to a trial calendar in a single term in any court in this county before or since. Hundreds of these causes involved large sums and important interests. But the judge did not shirk the mountain of labor which thus piled up before him. Day after day he held court through terms practically unending, for when the statutory time arrived for a new term to commence the old one was still holding on. Besides this, night sessions of the court were not uncommon. Ten o'clock found court in session many nights. And upon a few occasions the jury was instructed by Judge Ellison after the clock in the tower had struck the solemn hour of midnight. The work was more than one judge should have been required to do. And finally to relieve the overworked court and to facilitate the disposition of cases the movement began, which resulted in the establishment of the supe¬ rior court in the latter part of his term. Very few, only three or four of the judgments rendered by Judge Ellison and appealed to the supreme court w r ere reversed. And he never met with a reversal in the higher courts from his instructions to a jury.

The characteristic bearing of Judge Ellison upon the bench was dis¬ tinctly courteous, and his uniform kindness and ease of manner toward the several members of the bar served to make him popular. And all remembering his industry, his integrity, and his kindly disposition, retain for him their admiration and good will.

The success of Judge Ellison had made it plain that the younger as w r ell as the older lawyers were fit for the bench. And so as one of this class had done so well, the thought was natural that another might be tried. It was in this conviction that the people called John F. McClure to try his hand. He was just rounding to the maturity of his mental powers when elected judge in 1896. And endowed with a conquering greediness for the toil that runs a question down, he delved into the principles of law and the details of evidence in so thorough a fashion that although he may have seemed to be slow as he plodded, it was plain when he had concluded his finding and judgment that he was really rapid, for then the whole fabric of the case stood revealed and its atmos¬ phere cleared in his complete consideration and exposition of the same. His re-election to a second term was an indorsement of his first. And during the whole of his twelve years upon the bench he performed a prodigious amount of labor, through which with admirable judicial poise and earnest manner uniquely underlaid with a fine sparkle and relish of quiet wit, he w r on and retains the deep appreciation of the bar and public.

son circuit court can not now be so truly measured or appreciated as they may when his entire career in such capacity shall have dropped into the golden mould of time. But his work has gone far enough already to warrant an assertion of its success, as it has a general belief that he will leave behind him a judicial record of exceptional worth and ability.

He had engaged for many years in an active practice in the courts when called to preside in this one. He possessed a rare knowledge of the law and of the rules of proceedure, which he has carried and applied in the best and most conscientious way to his work upon the bench. Lay¬ ing aside the partiality which the attorney naturally takes on for his client, he assumes in his high position the impartiality and reserve which are found only in the trusted arbiter of litigants. And his unfailing evenness of temper and genial disposition, together with his recognized understanding of the law fit him well for his varied work as judge in questions of probate, in civil and criminal causes.

And passing now from the bench in this narrative to the bar of Madi¬ son county,' one realizes more fully still the difficulty of attempting a sketch at once truthful and of interest concerning an institution and the numerous individuals composing it, whose lives and labors are inwrought all told with a hundred years of human controversy.

But while the task looms doubtful of complete success, it is not with¬ out attractiveness. There is so much of variety, of effort and of inspira¬ tion connected with the character and history of our bar that a real pleasure fills the minds as it soars in survey of the noblest of its past and dwells on the precious lessons that have flowed thence to the present.

There is a glory in the very simplicity and naturalness by which law¬ yers practicing before a court come into association. They do not arrive by any assignment. They have no "Union." They stand there at the call of human brotherhood, obedient to the needs and rights of clients. Money is not the main moving cause. Fees are charged and paid, but they are only incidental to the work. They are absolutely requisite now and then of course. But the compelling magnet which draws men to this profession is the burning thought of fame and of service to one's fellows and to society.

Lawyers laboring always in a situation that would enable them to form the most rigid combine to monopolize employment and fix charges, do not choose to exercise such advantage. The field is left always open. Every attorney remains free to serve whom and to charge what he pleases. In this also he consults his client, and the compensation is largely a mutual matter between them. This is the most honorable relation between employer and employed in the world. The fee may be thousands, it may be nothing, but all the same the attorney has the consciousness of having done his duty and of having satisfied his client. He has come into this notion of his service by tradition and by impulse. If he has studied the ethics of his profession, he knows that in a way he is a public servant and that upon him rests a duty to aid the ends of justice, although in particular calls upon his time and talent there may be no pay, while on the other hand he has the right to handsome com¬ pensation for intense thought and devotion to the dearest or most valu¬ able interests of another.

Could character actuated and developed under such ideals be other¬ wise than strong ? Could living sustained in such a pursuit be anything but noble ? The lawyer may not often enough reflect upon the value or the extent of his influence. It is sure that he rarely boasts of it. But his quiet conduct exerted with a fair understanding of what is just and what is practical in his community is a steadying, leavening force that has no equal man for man in any other calling.

The legal profession attracts to its pursuits men of brains. There are such in almost every county seat in the United States, who are able, should the opportunity offer, to preside with credit in the highest courts of their state or .country. The most of this modest talent receives no public notice. It does not need nor long for that, for it is a reserved and latent force and a pleasure to itself and to those it serves in a private and effective way.

Moreover, here is found exceptional honesty and the trust that fol¬ lows it. In business enterprises generally a mortgage or binding con¬ tract is executed to secure performance. With all^the lawyer's word is better than a bond. The deepest secrets and sums without limit repose absolutely on his judgment and in his keeping. The wrongs wrought by dishonorable practice on the part of members of the Madison county bar, could any be found, would make but a bagatelle compared with the mass of that which is square and upright. Realizing this, it is easy to understand the uniform courtesy and good feeling that prevails among practitioners here, where envy and ill will have but little place. But hope each for the other and faith that the greatest success will follow each individual as he adheres nearest to an open and honest struggle is the sentiment which animates the members, and is well nigh universal among them. %

1892, with Howell D. Thompson as president; Edward D. Reardon, sec¬ retary, and E. B. McMahan, treasurer. Mr. Thompson served until his death, when Frank P. Foster was chosen as his successor and still holds the position. Upon the removal of Mr. Reardon to Indianapolis,

Frederick Van Nuys was selected as secretary and still serves in that capacity, and Mr. McMahan continues to discharge the duties of treas¬ urer. All these positions are merely formal, for the purpose of the association is purely social. It has no stated meetings; it has formulated neither a constitution nor by-laws. Its members assemble only when called upon to attend the last sad rites of a stricken one, or on the occa¬ sion of a banquet or other social function. But even in this unwritten - and informal character, the members of the bar have come to regard their association as something more than nominal and are ever ready to lend their presence and aid to its invitations and directions.

It would not be worth while, perhaps, if it were proper at all, to com¬ ment here upon living members of the bar, since sketches of them, or many of them, will doubtless appear in biographical notices, elsewhere in this volume. But it may be helpful to collect, which is done, at the foot of this article, a roster of the practicing attorneys in our court from the beginning to the present.

"bourne from which no traveler returns ,' 9 members of the Madison county bar, who in one way or another, now and then in a manner very simple and in other instances quite grave, but generally in such a fash¬ ion as to leave an impression with their fellows and upon the community that history hastens to collect and hold for posterity to whom its recital may be of use and interest in after years.

As a mere mark of wide spread circumstance, the earliest period of the Madison county bar is the farthest famed of any in its entire record. A few of its first members were governors, and others United States senators. James B. Ray became governor of Indiana in 1823. To the same station in 1843 rose James Whitcomb, who was later advanced to the senate of the United States. Oliver H. Smith, a* profound lawyer and a happy writer, whose 4 'Early Indiana Trials and Sketches," will last with the state's literature, was elected a United States senator in 1836.

Smith, prior to the time he became senator, and Ray, while governor, bore conspicuous parts, though in a very different capacity in one of the most remarkable lawsuits that was ever prosecuted in this county or in the United States. It may be worth while here to recall the fact that Madison county's trial of widest note and importance took place but one year after the organization of the county.

It was in the spring of 1824, that a party of Seneca Indians - two men, three squaws and four children - encamped on the east side of Fall creek, about eight miles above Pendleton. They were peaceable and came to hunt and trap. They had been there a week, when in the evening seated about their blazing fagots wholly unsuspicious of harm, they were visited by five white men of the neighborhood - Harper, Sawyer, Hudsop, Bridge and a son of Bridge, aged eighteen. They enticed the male Indians from the camp on a pretext of having them help in hunt¬ ing some lost horses, and shot them, then returned and killed the squaws and both boys and the two little girls. Harper fled and made good his escape. The others were arrested and held for trial. News of the crime flew as if on the "wings of the wind." Soon it was known in every w r igwam and war council of the powerful Senecas. The settlers then but sparse were greatly alarmed, lest the deed w r ould call the redskins to retaliate. And the white folks of that day knew what a campaign of the tribes for vengeance meant. And all were astir. But notice of this foul murder was taken by others also. It had the attention of John Johnson, Indian agent at Piqua, Ohio. And he and others visited all the Indian tribes and promised them that the government would punish the offenders, and obtained from them consent to make no hostile move until there had been time for the law to act. The war department at Washington also was on edge. A national policy and great interests were at stake. And the secretary of war was quick to weigh the gravity of the situation. The preparation for and conduct of that trial were directed from the capital of the nation. The secretary of war employed United States Senator James Noble to make an argument in the case, authorizing him at the same time to fee an assistant for the same pur¬ pose. Calvin Fletcher then a young man, and a brilliant lawyer, was the prosecuting attorney. An array of able counsel, some of them from Ohio, appeared for the defense. Hudson was tried first. He was convicted and hanged. Several Seneca Indians, relatives of the victims, were present at the hanging. The other three defendants were tried, convicted and sentenced to the gallows. Sawyer and the elder Bridge paid the extreme penalty. The younger Bridge was on the scaffold and the noose was around his neck. He was but a stripling, and much sympathy had been expressed for him. The governor had considered a petition for his pardon. And an incident of his action on this serves strongly to reveal a trait that was prominent in Governor Ray. He was fond of impressing others with his importance. He was, it is related on good authority, eccentric and vain. He did not hesitate to make a spectacular exhibition of himself in order to draw the attention of the public to himself. And to this young man in his awful hour and before the vast concourse of people gathered about him, the governor chose not to send his message by a courier, nor to approach the scene in solemn and dignified bearing, such as would seem to have been suitable to that occasion, but to ride his steed furiously into the expectant crowd just in time to stay the fatal drop, dismount, ascend to the scaffold and address the quivering culprit thus:

"Well sir, it is time that you should know. There are, sir, but two beings in the great universe who can save you from death; one is the great God of Heaven, and the other is James Brown Ray, governor of Indiana, who now stands before you. Here is your pardon. Go sir, and sin no more! " 1

This case was remarkable not alone for its atrocity and for the able and illustrious counsel engaged in it. It stood out no less clearly for the absolute faithfulness of the local and national officers and attorneys in the execution of the law for the expiration of the crime committed upon those helpless children of the forest. And it was the first instance in America of a white man suffering the death penalty under the law for murdering an Indian. 2

Richard K. Benson who practiced here in the seventies, and Charles Nation who continued to do so until some time in the eighties, though they did nothing so far as the records run to call forth particular com¬ ment, each held a certain personal relation to which interest has attached. For the former w r as the brother of Luther Benson, the eloquent temperance advocate noted in his day throughout the land, while the latter was the son of a former marriage of the husband of Carrie Nation, who in campaigning against the liquor traffic a decade or two ago, won as her sobriquet, "The Hatchet."

One of the attorneys who came to the Madison county bar in the first decade of its history w r as Robert Newell Williams, a man of extra¬ ordinary versatility in the general business and industrial life of the community. For he was not only a lawyer, but a skilful accountant, a successful politician and a captain of industry. Through the seventy years allotted to him, his life unrolled like a ribbon of beauty and com¬ pleteness. He was bom in 1800 at Elizabeth City, North Carolina. And migrating from there when he had arrived at the age of sixteen with his parents traveling in a wagon drawn by one ox, he halted with them in Montgomery county, Ohio, near Dayton. During the succeeding twelve years, young Robert labored principally at making and mending shoes and harness, steamboating and at teaching school in his adopted county, and in Darke and Preble counties, Ohio. While residing near Dayton, he made a trip from Cincinnati to New Orleans by boat. On arriving at Cincinnati on his return and being in a hurry to reach home, he walked the entire distance from Cincinnati to his home, a distance of 55 miles between daylight and dark of one day. But it was in 1828 that his eyes first fell upon the light that shone over Andersontown. And here his services were soon in demand. There being but few men in the rural districts of those days, who could discharge the duties of public office, and no bar to the number of such positions one might occupy, he held the office of postmaster, county auditor, clerk and recorder, all at the same time. He represented his county two terms 1842-43 and 1847-8 in the Indiana legislature. And when Anderson became a city, he was chosen without opposition to be its first mayor. Besides these offices, he served during the war as deputy revenue collector and as a clerk for the medical board, having charge of the physical examination of those drafted for military service.

Mr. Williams had an aptitude also for handling large industrial proj¬ ects. He w r as one of the contractors who built the first railroad in Indiana, the old junction line extending from Indianapolis to Madison. And he undertook w r ith the company that constructed what is now the Pan Handle Railroad to do a portion of their grading. He believed in the material as well as the political and educational development of his city and his name was synonymous with progress. Williams' addition to the south front and Williams' street, now Twelfth street, were named for him.

The late Augustus M. Williams, the first white male child born in Anderson, was the son of Robert Newell Williams, and by whose liberal¬ ity and love of learning the son was afforded a classical education at Asbury University. And the late Addison D. Williams, also a lawyer and for many years the surveyor of Madison county, was his son. And there still reside in this city two of his grandsons, Drs. Charles F. and Lucian O. Williams.

The breadth and independence of his mind may be judged by his preferences in voting for presidents in the-course of which he so favored John Quincy Adams, Jackson, Harrison, Fremont and Lincoln. And in all the varied relations of lawyer, public official and private citizen he sustained a charter of unquestionable integrity, and enjoyed the esteem and confidence of all who knew him.

Another of the early legal lights was John Davis. He first saw the light of this world in Hagerstown, Maryland, in 1812. His father, when John was quite young, moved to Mount Vernon, Ohio, where he owned and operated large woolen mills. During this period the son attended Kenyon College at Gambier, Ohio. Later, he came westward and read law with John Elliott at Newcastle, Indiana. He settled in Anderson for the practice of his profession in 1835. Giving some attention to politics, he was elected to the state legislature in 1842 and again in 1852. In recognition of his legal attainments and fitness, he was honored with the judgeship of the circuit court from 1865 to 1869, which w T as then held in Anderson, Noblesville, Kokomo and Tipton.

Judge Davis was one of the strong lawyers of his time and enjoyed $ large practice. Many of the well known attorneys who afterward came to the bar studied under him. Among these were Richard Lake, Eli B. Goodykoontz and William R. Myers.

Judge Davis owned considerable of the land in and near town and he laid off into building lots several additions. Upon his retirement from the bench, he traveled extensively and journeyed to Europe. While at Acqui in Italy, he suffered from a stroke of paralysis, and returning thence to his home, he continued to reside in Anderson, one of its vener¬ able and most respected citizens until his death which occurred in 1875.

In this connection, let us refer also to Richard Lake. He was born in Knox county, Ohio, in 1825. At the age of nineteen he came to Anderson to visit his cousin, John Davis. This was the John Davis who afterward became judge and who was then practicing law in Ander¬ son. Young Lake liked the country here, liked his cousin, more than liked the sister of his cousin's wife, for two years after that he made her his wife, and thinking he would like to be a lawyer himself, he entered upon a course of study with such in view in the office of his cousin.

Determined to make his education more complete he attended the Martinsburg Academy in 1847. The next year he was admitted to the Madison county l)ar, and in the following year to practice in the supreme court.

His success was rapid, when once he had launched into the practice. Though not so close a student, perhaps, of the books as some of the old attorneys, he possessed a native strength in debate and judgment of human nature that made him a lion before the jury. His practice once extended throughout eastern and southern Indiana, and he rode the cir¬ cuits with the veterans of the bar.

Judge Lake was the recipient of many public honors. He was the postmaster of Anderson by appointment from President Pierce. He served a term as judge of the court of common pleas. And he was elected to represent his county in the general assembly of 1862-1863.

He was personally and as a citizen one of the finest of characters. Truthful, honest and square in all his dealings, he was large of heart and immense in his good cheer. And so he lived to the end of his life which came on the 22nd day of February, 1898, at his home on South Jackson street in the city of Anderson, surrounded by his affectionate wife, sons and daughters.

The career of James W. Sansberry looms large in the history of the Madison county bar, and is calculated to encourage worthy young men to high endeavor. Bom in Brown county, Ohio, he lost both his par¬ ents when he was but six years of age. A home was found for him with an uncle in Delaware county, Indiana. But he was fourteen years old before he received the advantages of any schooling. Then he went to the common schools, and in a few years taught a country school. Follow¬ ing this he entered the Delaware Academy at which he made rapid prog¬ ress in his studies. In 1849, he went back to his birth place in Ohio and while there taught a term of school. Subsequently he returned to Muncie and began the study of law in the office of Joseph S. Buckles where by good conduct and close application to his books he gave prom¬ ise of the success which he subsequently achieved. There he made such favorable impression on his preceptor that when he first bid for law business, which he did in Anderson, 1851, the name of his mentor was coupled with his own, and his sign read, ' ' Buckles & Sansberry.' '

Mr. Sansberry was at once a hard working lawyer and an eloquent advocate. Many of his jury speeches are remembered to have been among the most powerful ever delivered here. And his success at the bar both in the fate of his clients and in the remuneration which he earned was commensurate with his merits. And he died the wealthiest member our bar has ever been called upon to mourn.

As some measure also of the range of Mr. Sansberry's capacity, it may be pertinent to say, that he filled the office of prosecuting attorney from 1852 to 1856 having been reelected midway between these dates. In 1864 he served as a presidential elector on the ticket favoring Gen¬ eral McClellan. He served one term in the legislature of * his state - the session of 1870-71. And he discharged these several duties with the high degree of talent and integrity which leaves with every citizen and constituent a feeling of pride and satisfaction.

Mr. Sansberry passed away at the age of seventy-seven. But seven¬ teen years prior to that he had retired from active practice at the bar, thus exhibiting a rare exception to the rule. For when he was thus but sixty years of age in fine physical and mental condition and in the very plentitude of his practice, he chose to retire and live the remainder of his days the easy, quiet life among his neighbors and with his family, which he had fully earned and so deeply enjoyed to the very last.

Another giant of those days was Milton S. Robinson. He was born in Ripley county, Indiana, April 20, 1832, and reared there and in Decatur county. He began the practice of law at Anderson in 1851, and continued it until his death, July 28, 1892. But, like most men of his stamp and profession, public service broke some links in the chain of his prime pursuit. Milton S. Robinson Avas a patriot. And when the bugle note of war sounded, he dropped his Blackstone and shouldered a musket. He went to the front and remained there till the Avar was over. He was mustered in as a lieutenant-colonel, but afterward pro¬ moted to a colonelcy, frequently commanding a brigade. And in March, 1865, he was brevetted brigadier-general for gallant services at Chickamauga, Missionary Ridge and other great battles.

And he had some political side lines too. He was a presidential elector on the Fremont ticket in 1856. He was only twenty-four years old at that time. lie was elected to the state senate in 1866, to con¬ gress in 1874 and again in 1876, and appointed a judge of the appellate court of Indiana, 1891.

made his deepest and finest impression on those who knew him. It would require a book to relate the trials and incidents which bear upon his work and conduct in the practice. But if the dominant note of his soul can be sounded in one word, we venture to say it was honesty. He was perfectly oblivious to the temptation for gain. He first satis¬ fied himself that his client was in the right before he would take his cause. And rather than retain a fee which he thought was excessive, he would insist on the return of all above what he considered just, although it may have been passed to his credit long prior with the client satisfied.

In his family relations he was generous and above reproach. Always ready to open an opportunity to the young man and quick to extend a helping hand to his older comrades and associates, he had so lived that when he passed out from among his neighbors and friends, their name was legion whose hearts were bound to him like "hoops of steel."

Howell D. Thompson, who at the time of his death, March 14, 1901, had been in continuous practice longer than any member of the bar then living, was bom in Center county, Pennsylvania, May 6, 1822. He spent his early boyhood days there working upon his father's farm. Then he came west and while a young man attended Farmer's College in Cincinnati, Ohio, where he graduated in 1849. Afterward he taught school and found his way to the study of law in the office of Hervey Craven at Pendleton. He was admitted to this bar in 1851 and shortly afterward admitted to practice in the Indiana supreme court and in the federal courts.

He and Winbum R. Pierse associated themselves together for the practice of their profession soon after they had finished their studies. And the firm of Pierse & Thompson enjoyed a large practice in Ander¬ son until 1873, when by mutual consent it was dissolved.

Mr. Thompson gave his time and attention more exclusively to his profession probably than any other attorney at this bar. No office or other business ever drew him away, except that of school examiner which he held for two years. He clung to his desk with a rare devotion. Night, almost as regularly as day, found him there. He prided him¬ self on his fine collection of law books. And his library, rich in its store of elementary texts, contained among its varied choice reports, besides those of his own state, the New York court of appeals, John¬ son's Equity Reports, the Ohio State Reports, the Michigan Reports, the Minnesota Reports and a set of the North Eastern Reporter.

Mr. Thompson was wonderfully methodical in his practice and in all his habits and work about his office. As an instance of this may be cited his custom of writing down in narrative form a history of every lawsuit in which he was ever engaged. He kept this up to the end of his life. He had thus filled large journals with these records, all care¬ fully indexed. He put down the names of the parties in full, the nature of the issues and all the data pertinent to the case. Much of this great labor seemed to be for nothing. But in scores of instances attorneys and others looking for facts that had passed from the minds of men and from current sources of knowledge have found on the pages of his old records the information they sought.

To the student who might be studying in his office, he was uni¬ formly kind and helpful. For the advancement of such he showed a genuine enthusiasm. He took up the course with the young man. He assigned him lessons. He came to the office, if more convenient, at night to hear him recite. He delighted in this manner to review the principles as laid down in Blackstone, Parsons, Chitty and Starkey. And it is needless perhaps to say that in doing so, he supplemented what was brought out of the books with many oral illustrations from his own experience which made a deep and abiding impression on the mind of the learner.

He was for many years and up to the date of his decease the presi¬ dent of the Madison County Bar Association. And although his health had become impaired during the last few years of his life, his interest in the courts and in the attorneys never lagged. He was regularly in attendance on call days and always with the same cheerfulness and smile that had marked him in days of more rugged health. And when Howell D. Thompson passed the last time from the court room and from earth, which was shortly afterward, every attorney at the bar felt the loss of a friend.

And speaking of Mr. Thompson it is but natural to refer to Winbum R. Pierse, so intimately were they associated as students, as part¬ ners and as rivals at the bar. They were of about the same age, both studied together with Judge Craven, began the practice together as partners and each of them was engaged in active practice when death overtook them, which was but a few years apart.

But a business venture of considerable importance to this part of the country made a large hiatus in the legal career of Winburn R. Pierse. About 1873, he became interested in promoting the construc¬ tion of the Anderson & Lebanon Railroad, now the Central Indiana. He was one of its stockholders and to its development devoted much of his energy, time and means. In a financial way it proved a failure. And Judge Pierse like some of his associates in the enterprise was a heavy loser. And after several years spent in the furtherance of this laudible but costly undertaking, he returned to the work of his pro¬ fession.

Judge Pierse was a brilliant lawyer. He had a good legal mind. And the versatility of his powers has often been the subject of remark. It has been the judgment of some lawyers well qualified to speak in this regard, that he was as well equipped in every way for the practice of law as any one who has ever appeared in our courts.

He served two years upon the bench of the circuit court. But the major part of his time found him in the fierce conflicts of the court room. And the attorney whoever he might be, and in whatever kind of a cause they might be engaged, knew when Judge Pierse was on the other side, that he would have a fight on his hands. His success at the bar was great. Still he was a good loser. And when beaten took his defeat with the same chivalric grace which he wore in the hour of triumph.

the '508 and practiced there for some time. He then turned his atten¬ tion to educational work and was for several years school examiner under the old law. He became a large real estate owner and at one time owned the property now known as 44 Lincoln Terrace,'' near the Catholic church, at the corner of Eleventh and Fletcher streets. Mr. Stone was a successful lawyer and as school examiner did much to pave the way for the present magnificent public school system of Madison county. His son, Frank L. Stone, is now a practicing physician of Pen¬ dleton.

One of the most interesting among the patriarchs of the profession was DeWitt C. Chipman. He is not generally classed among the early practictioners, because he lived much longer than his brothers at the bar. He was born in the same year as James W. Sansberry, and a year prior to the natal time of Richard Lake. But he lived until November 24, 1910. He came well down among the moderns with firm and elastic step.

Mr. Chipman was an older man than most people took him to be. Likewise, he is entitled to a higher rating as a lawyer than has gener¬ ally been accorded to, him at this bar. The fact is he had passed the meridian of his power as a lawyer before he came to Anderson. But it is the province of history to credit one with all he may have done whenever or wherever it may have been.

DeWitt C. Chipman lived in Noblesville nearly thirty years after he came from New York in 1841, anil before he came to Anderson in 1870. But he had received a good education at some of the recognized institutions of learning in New York before he came west. He began the practice with flattering prospects. He was elected prosecuting attorney in 1854 in his circuit comprising several counties, including that of Marion, where he met at that bar those brilliant young scions of their science, Benjamin Harrison and Jonathan W. Gordon. And so satis¬ factorily did he discharge his duties as the state's attorney, that he was retained as a deputy in the same place for ten years after the expirar tion of his own term, and during which time, the convictions accredited to him numbered nearly nine hundred.

In the latter portion of his life he made a specialty of patent law, and he finally drifted into this branch exclusively. He had undoubt¬ edly a greater practice in this field than any other attorney in this county.

Mr. Chipman was the recipient of several political honors of which any one might be proud. He was the first mayor of the city of Nobles¬ ville. He was chosen to a seat in the legislature of 1857, and later he was made the collector of internal revenue in his district under a com¬ mission signed by Abraham Lincoln.

John A. Harrison was a contemporary also of the above named Nestors. And in the days of his prime he was a foeman worthy the steel of any of them. He took up the law in the process of a natural development rather than from any set purpose in the start. He was a scholar, a mathematician, a civil engineer, a grammarian and acquainted with the Greek and Latin languages. He taught in the schools, but was induced to accept the office of justice of the peace.and here his keen and versatile mind grasped the grandeurs of the law, and he resolved to pursue it. He served two terms, in 1862 and 1864, as prosecuting attorney. He was counsel for the Bee Line Railroad for twelve years. And he was retained in many cases of importance in this and other counties. He was profoundly versed in the lore of the law and gave to its practice his undivided attention.

As an instance of his sagacity as an adviser, the following is recalled: A tax had been voted in several townships, to aid in the construction of the Cincinnati, Wabash & Michigan Railroad. Afterwards, however, this promotion became very unpopular, the tax payers in great num¬ bers had permitted the tax to go delinquent and petitioned the auditor of the county not to advertise or seek to collect the tax. This official was uncertain as to the action he should take. He realized the feeling of his constituents. But he knew also that if he should act contrary to law, he would become liable on his bond and might suffer serious damages for his mistake.

In this dilemma he consulted John A. Harrison who advised him to advertise the sale, and let the tax payers enjoin the collection. Thus the enraged tax payers could gain their point and the auditor would be shielded by the courts decree, whatever the final outcome might be. His counsel was followed.

Coming now to a more recent epoch of the bar in this county, we find the name of Joseph T. Smith who was born and grew to manhood in Boone township and came to the county seat about 1870. He was a careful, painstaking lawyer and enjoyed a large probate practice. He associated himself with Charles L. Henry under the firm name of Smith & Henry, and this continued for several years until 1878 when Mr. Smith moved to Manhattan, Kansas, where he died in 1907.

Calvin D. Thompson was a well known young lawyer who showed forth at this bar in the seventies. He devoted himself largely to the criminal practice, and built up a numerous clientage. This however fell away in later years. His health becoming uncertain, he moved with his family to Indianapolis, Indiana, about 1881, and lived but a short time afterward. He Was a man of the warmest heart, of open mind and generous impulses. He was survived by his faithful wife and daughter, well remembered by old Andersonians.

One of the brightest young men who ever lived in Madison county was August S. McCallister, a son of one of this county's early inhab¬ itants, who figured in the political and social affairs of the community, highly respected and often honored by his fellow-men. Augustus S. McCallister was endowed by nature with language rarely possessed. He was a graduate of the Ann Arbor Law School and a member of the Madison county bar. In 1874 he was elected prosecuting attorney for the counties of Madison and Hamilton, but after serving for two years resigned.

As an orator he never had a superior in the local field and was equaled only by the late Captain William R. Myers. Captain Myers was more dramatic in his oratorical flights and raised his audience to the fullest height, while McCallister was calm and deliberate, his eloquence coming-from the depths of a soul enwrapped in his utterances and a heart that knew no bounds of affection. His voice was clear and melodious and touched the tender chords of human nature as his words fell upon the ears of his auditors. He was well versed in the political issues and was always in demand upon the hustings in his district.

While attending the law school at Ann Arbor Mr. McCallister had an honor conferred upon him that he treasured as a pleasant memory through life. Hon. Stephen A. Douglas visited the city of Chicago, the students of the law school called upon him to pay their respects, and young McCallister was selected to make the address presenting the party of students. This is said to have been one of his finest oratorical efforts. His address was much appreciated by Air. Douglas and ap¬ plauded by his classmates.

Mr. McCallister was a brilliant writer and to this talent may be attributed, to some extent, his abandoning the pursuit of law. He was a lover of political excitement and contributed to the local press many well written and sometimes scathing articles on the political situation. He was also for a time an editorial writer on the staff of the Anderson Standard , the columns of which during that period can tell better of his ability than any words of his biographer. Men of less intellectual caliber have filled high places and many who were his inferiors in edu¬ cation and natural ability have been chosen to offices of trust and honor in his immediate surroundings. He was content with the things that, were to be. He aspired to no political preferment, the only office he ever held having been thrust upon him. While he had his dislikes for some men, as all humankind possesses, they were not malicious. He could forgive and forget. His hand was as open as his heart and he was as generous towards the faults of others as he was in bestowing alms upon the poor. He gloried in espousing the cause of those whom he admired and was classed with his friends. His love for his fellow-man was deepseated and the embers of affection for those he loved died only when the last spark of human life left his body, in the year 1881, in a lonely ward in a public hospital in Memphis, Tennessee, whither he had gone a few months before.

Fulsome praise is often bestowed upon the unworthy and men who have no real claim to prominence are frequently eulogized because of surrounding influences. This sketch is penned in remembrance of one who was worthy of all the good things that could be said of him, while drawing around him the drapery, hiding the faults to which he was heir.

Leander M. Schwin was born in Monroe township, in this county, in 1847. He worked on his father's farm, and later attended the law school of Valparaiso University, being a graduate of its first law class in 1881. He and E. B. McMahan immediately thereafter constituted a firm which engaged in the practice for two years at Alexandria, follow¬ ing which they came to Anderson. Here W. A. Kittinger joined them when their *'shingle ' 9 read, "Kittinger, Schwin & McMahan." Mr. McMahan withdrawing from the firm in 1887, the other two remained together until the death of Mr. Schwin.

urally of a frail constitution his health began to give way probably in 1890 or 1891. He spent the greater part of 1893 in Colorado, in an effort to build up his health, but without avail, and in November of that year while en route home, he breathed his last. And the Madison county bar had lost one of the gentlest, brightest and best equipped of its members.

To the same period also belongs Edwin P. Schlater, who when yet a young man in his teens, migrated from his native state of Pennsylvania to Wayne county, Indiana, in 1856. He was engaged in work upon some of the public records, of that county when his slrill which was great in that line, was noticed by no less a person than Thomas A. Hendricks, who recommended him to Col. William C. Fleming, clerk of the court in this county, and who was then in need of a deputy.

Mr. Schlater came to Anderson in 1865 and became useful not only in the clerk's office, but from time to time in several of the other county offices in the keeping of the books and the transaction of the business connected with the same. And his expert knowledge and thorough familiarity with the county records became of incalculable value after the fire of 1880, which destroyed the old courthouse and burned, or partially burned, many of the records and papers then kept in it. But Mr. Schlater was able to identify and restore some of the more important of these documents which otherwise would have been a total loss.

But the gifts of Edwin P. Schlater were not to be confined to the dry details of records and accounts. His mind took a wider range and it was no great while until he had proven himself to be an efficient statute lawyer. He began the practice of law in 1878. He was more familiar than any attorney of his time at this bar with the provisions and prac¬ tice relating to drainage, gravel roads and probate matters, and for many years he enjoyed an enviable and lucrative class of business along those lines. He was industrious, prompt to fill his engagements and strictly honest and reliable, and those traits combined with habits of social, moral and family faithfulness made him one of the best of Anderson's citizens. The year of his birth was 1840 and that of his death 1894.

George M. Ballard arrived in Elwood from Belpre, Ohio, in the seventies. He lived and kept his office there many years for the prac¬ tice of law in this and adjoining counties. When the town of Elwood was changed into a city, Mr. Ballard became its first city attorney. In 1886 he removed his residence to Anderson and opened a law office here. He was recognized as one of the strong lawyers of the bar when he came to the county seat and his business was soon all that he could take care of. He was the city attorney of Anderson during a term, also of the towns of Pendleton and Lapel. He was for many years solicitor for the Pan Handle Railway Company and for the Belt Railway Company of Anderson. But besides his corporation practice he appeared on one side or the other of many noted civil and criminal causes tried in Madi¬ son and other counties.

The triumphs of Mr. Ballard at the bar are worthy of recital owing to the simple fact, if upon no other ground, that he rose to his com¬ manding place there through the native strength and poise of his own brain, unaided and alone, and without the preparation of a profes¬ sional or even a literary training. He felt the loss and need of these or at least thought he did, and often spoke of it with regret. But the ranks of the profession are sprinkled with disciples of the law who had enjoyed these advantages fully and who were yet but pigmies by the side of George M. Ballard as they opposed him in the actual conflicts of the trial and in his telling arguments before the jury.

One instance of his sway in this regard is worthy of recall. It was his defense of young Overshiner on the charge of murder in the first degree. The probability of guilt on the statement of the case seemed probable. But the defendant was the son of a devoted friend of his counsel, and no labor was spared, no detail of evidence was left unsifted that would help or hurt his client. He traveled to distant states to take the depositions of witnesses whose testimony he needed. It was a defense prompted by the loyalty of friendship and not for any fee. The whole being and ambition of George M. Ballard at the time was wrapped up in this effort. The day for trial, after long delay and the complete readiness of Mr. Ballard, came on. The state was represented by able counsel. But the exhaustive preparedness of the defense, the relentless determination and above all the burning eloquence of Mr. Ballard poured forth upon the understandings of men direct from a soul wholly convinced of the innocence of his client and the righteousness of his cause could not be withstood, and the verdict could only be what it was, "not guilty." The return of that verdict, Mr. Ballard often said after¬ ward, was one of the happiest moments of his life. And it was an achievement worthy of such an expression and of a great legal battle.

The chivalric demeanor, the courtesy and good cheer of George M. Ballard toward the members with whom he came in contact must ever remain in the memory of each among its happiest treasures.

Captain William R. Myers was an honored member of the Madison county bar. He joined the ranks of this profession rather late in life. And his popularity among the people was such that, after doing so, he was spared but little time for the close work required at the lawyer's desk and in the courts. Still he was there long enough to definitely and meritoriously identify himself with the practitioners of the county, and to make it clear that he belonged to the large school of attorneys who believed in the law as a science and in its employment for the help and good of individuals and communities.

Captain Myers was born in Ohio in 1836 and was brought by his parents to this county the same year. He had the advantages of a good education for those times. And after he had grown up and passed from the academy, he taught several terms of school. He served as the county surveyor for several years beginning with 1858. But he could not stay at home while the integrity of the Union was in the balance. In September, 1861, he enlisted in Company G, Forty-seventh Indiana Infantry, and fought through the whole bitter struggle among the "bravest of the brave."

Returning from the field of war, Captain Myers again became a teacher and for several years was at the head of the Anderson schools. After this he took up the study of law and served as prosecuting attor- ney in 1872 and 1873. He was elected to congress in 1878. After his term of service there and a brief interval of two years he was elected to the office of secretary of state and reelected two years afterward. In 1892 he was called by the people to fill that office again, being the only person who has ever had three terms in the office of the secretary of state in Indiana.

One of the remarks of pride which the partisans of Captain Myers make of him is that he would have been governor of his state had he not declined to stand for the nomination in 1892. And this is in all probability true, for it was generally understood that his party would give him the nomination without opposition should he desire it, and he had run ahead of his ticket in every race he had made for popular suffrage. But he was suffering from the severe injuries which he had sustained in a wreck of the Big Four train, on which he was a passenger, and he was afraid to hazard the strain and anxiety of a campaign and of public duties. Putting himself out of the race, Claude Matthews was placed at the head of the Democratic ticket, which was elected.

Captain Myers was a forceful figure in politics. In his best days, it was difficult to find his equal on the stump. He was in demand in every locality of the state when a campaign was on, and his refreshing magical utterances hung and swayed his audience on every syllable. Daniel F. Mustard, his life long friend and an advocate of his merits as an orator insists that he did not exaggerate in once writing him up as the "Cicero of the West." And the Hon. Charles E. Henry, in a happily worded tribute to him at the meeting of the bar on the occasion of his death, which occurred on April 10, 1907, among other things, said, "that William R. Myers had done more to make Anderson and Madison county known throughout the state of Indiana than any other man."

Looking to the personal qualities of Captain Myers, one finds no lack of the desirable. Big of mien and big of heart, open-minded, candid, fair. Artless as a child and generous to a fault. But the mod¬ ern vocabulary is insufficient, except it borrows from the old, to fitly describe him, and his character may be best set forth in the words of the immortal poet of whom he was so fond and whose lines he so well inter¬ preted,

Several others of the present generation of lawyers have gone out forever, among whom may be mentioned David W. Wood, who came to the bar in 1878, served as prosecuting attorney by election in 1884, and by appointment at the instance of the governor in 1889. He and William R. Myers were associated as partners at law for several years. In 1893 he formed a similar relation with Willis S. Ellis, which con¬ tinued to the death of Mr. Wood, on the 26th day of June, 1901. He enjoyed a good practice. He went about his work in a quiet way, and a superficial notice might have given the impression that he did not do much in his profession. But a thorough examination found him asso¬ ciated from term to term with some of the heaviest and best paying litigations.

Mr. Wood was one of the most companionable of men. Sunny by nature, he took time and occasion to cultivate the jovial and joyous side of life. Neat in dress and fine in person, he carried an easy pass¬ port to every social function, and they were many, which he graced. His death, sudden and tragic, was a shock and a sorrow to the whole community, and to the bar a loss of that agreeable nature the touch of which indeed, 4 'makes the whole world kin."

The rise of Gilbert R. Call in his profession was rapid and remark¬ able. He was bom near Elwood in 1866. But when sixteen years of age his father with his family sought a home in the hills of Arkansas. Gil¬ bert , however, not being satisfied to remain long in that region returned after two years to his boyhood haunts. He was without money, except such as he earned through his own exertions. He taught five terms of school in Tipton and Madison counties. Then he took up the study of law with Judge Cassius M. Greenlee in Elwood, where he made such progress that he was soon admitted to the bar and began the practice in 1888. It was but two years after he began that the Sheet and Tin Plate Company of his native city retained him to look after its legal interests in this and other counties. In 1906 he was engaged in active legal work for the United States Steel Corporation and for which service in the last year of his life, his salary was advanced to the sum of $700 per month. The employment of Mr. Call by both the above corporations had con¬ tinued from the time of his engagement until the date of his death, and with every probability, as those closely associated with him know, of still higher promotion in the service of his wealthy clients, had not the dread summons of the universal foe come to him at the early age of forty-two. He passed away on December 4, 1908, of abdominal inflam¬ mation following an operation for appendicitis.

Edmond F. Daily is still remembered. He was another of the selfmade disciples of the law. He was bom in the "back woods" of Bar¬ tholomew county. During his boyhood days, he worked hard at the usual routine tasks on his father's farm and attended the country school in the winter. In this way he gathered some insight of the com¬ mon branches, then he found his way to the Hartsville Academy, in attendance at which he made good use of his time and added to his store of knowledge. Following this he read law and was admitted to the bar at Shelbyville, Indiana, in 1883. He came to Anderson in 1885, from which time his progress in the practice was steady, until failing health checked his energies two or three years before his death, which occurred on September 17, 1910.

Mr. Daily has sometimes been referred to as a case lawyer. And certainly to the cases in which he became deeply interested, he made a great effort and showed no little skill in his examination of law and evidence for the support of his side of the controversy.

But the most pleasant, perhaps the most impressive gift of Mr. Daily was his droll and unique humor. This he possessed in abundance, and by him was frequently given expression orally and with the pen in veins of such piquancy and surprise as to engulf his hearers into laughter and applause. His description of the forty-story building on the site of the courthouse in the boom days was a fetching bit of ridic- ulous imagination. And his picture of the slowness and hesitation by which the few country folks approached the place where once upon a time he was billed for a speech fell nothing short of that fine power which is able to turn a situation extremely embarassing into one genu¬ inely funny.

Among the brothers of the bar called by the 41 grim reaper" to final account in recent years, none presented a character more odd, per¬ haps, than that of John T. Ellis.

He stood six feet three and one-half inches in his socks, and he often stood in them. He was slender in build, and this only rendered more curious his habit while yet unmarried of leaving his hotel and visiting his office and business places on the way, before breakfast and before making his toilet. Often without donning a top shirt he would throw a coat over his undershirt and with this loosely buttoned would walk the streets undaunted. Yet he possessed a certain fastidiousness as to his dress, and indulged in some very good clothes. In this indeed he exhibited another trait somewhat out of the ordinary, for he purchased most of his wearing apparel in England and Canada. He visited these countries frequently, and maintained that he was always able to get his "duds" through minus any custom duties. How he was able to do this and to make such voyages never ceased to puzzle the other members of the bar, but he went, that is certain.

Mr. Ellis was born in 1856, came to Anderson about 1891, and died March 23, 1909. He was not overly industrious in the consultation of authority in the preparation of a cause which he might have in hand. But his agreeable social qualities put him on good terms with many of his fellow attorneys. He did not hesitate to utilize their knowledge, and when a legal question of difficulty confronted him, he would call upon one or more of his good lawyer friends and draw them out on his knotty points until he had gathered such information as he deemed sufficient.

In general and current literature, he was well posted, and his con-, versation, ready and enriched with its southern flavor, never failed to earn for him a hearty hearing. The loss of his genial, kindly presence has been keenly felt, while he is remembered with that warmth that is never lost to those who are kindly and genial.

Yet another name belongs to this necrology - the name of one for whom there was such regard that it seemed he might have been living in our midst a lifetime when the hour had come for him to say "Farewell." His residence, however, had been here since 1893 only, at which time he arrived, cheerfully took up and so pursued his work till the 3d day of July, 1910, when without a murmur he laid it down, though still in the meridian of his intellectual strength and usefulness.

The bar and public appreciated the worth and service of Thomas Bagot from the start. And it is doubtful whether any one ever came into this community a stranger, as he did, who was more quickly or more fully received into its confidence than was he. Whether this was due more to the modest bearing which marked his manner, to the just and logical processes of his mind or to the deep sincerity of his faith in man and respect for his fellows, we do not know. But all are aware to a certainty that the trust reposed in him was not misplaced. The early impressions of him but strengthened with the length of time. Each new acquaintance, each word with an old one, enlarged the treas¬ ury of his friendships. And in the light and warmth of these affections and of his whole career, its close could have come as it plainly did, only as a shock to every heart that held kinship with his.

The life of Thomas Bagot was an active one, full of the hard strug¬ gles that bring self-reliance and usually accompany success. He was born in the city of Cincinnati, Ohio, August 19, 1851, but while yet a tender youth was taken by his parents to Ripley county, Indiana, whither they then moved for residence on a farm. Thomas then attended the public schools of his neighborhood. He easily mastered the branches there taught and some that were not found in the limited cur¬ riculum of the common schools in his day. Thus while yet a young man he was himself well qualified to teach, and he began to do so in the country schools. But a promotion was soon waiting for him. He was selected as principal of the school at the town of Canaan, Jefferson county at which he remained for several years. Then he was connected for a time with the Moore's Hill College w'here he became an instructor in mathematics and conducted a Normal course. He served one term as county school superintendent of Ripley county. And a glimpse at the breadth of his acquirements may be had also in the fact that he filled the office of surveyor during a term in his old county. But the measure of his learning in this particular may be better judged from the book entitled "Plane Surveying" of which he is the author. This work, first published in 1883, has passed through several editions, is consulted by students and is in wide use by civil engineers in active service. It is a model of directness and plain statement. Brushing aside the needless verbiage and involved propositions that had burdened the pages of former treaties on the subject, he fused in the light of an intelligent generalization a crisp brevity, and brought forth a much needed and practical text book.

And besides the volume which he produced, other evidences abound of his literary taste. For he possessed a fine collection of books, includ¬ ing some rare ones and many by standard authors. With these through years of careful reading, he had cultivated a fond familiarity. And few were the important topics of learning with which he had not some his¬ torical acquaintance.

From 1886 to 1893 Mr. Bagot engaged in the insurance business at Newcastle, Indiana. It was during this period that he met Miss Georgia Byers, a most gracious and estimable lady, who in 1896 became his wife. In addition to his duties as an insurance agent at Newcastle he gave some attention, as he had even prior to that time, to the study of law. And when he settled in Anderson, he was ready to commence practice. His success was certain from the first, and his law business grew steadily on during all of his seventeen years at the bar, and which was, at the time he was obliged from failing health to give it up, in amount and character a splendid monument to his honorable and faithful devotion to his profession.