Miami County, Indiana - Chapter 5, 1887

Chapter 5

Bench and Bar - Early Courts - First Judges - -Destruction OF Records - Early Cases - Early Attorneys - Courts Under the New Constitution - Official Seal - Important Criminal Trials - L.\ter Judges - Roll of Attorneys, Etc.

THE measure of a people's civilization can always be determined by the condition of its judiciary. Tyrants have but little use for courts, and in proportion to the decrease of their power the reign of incorrupt judges is asserted. Throughout the entire range of governments, from the most tyranical to the most lenient and indulgent, can be traced the progress and expansion of courts of justice. Americans being the freest of people have a right to expect most of their courts, and, as a rule, their expectations are not in vain. Nearly all our laws are subject to review by our judicial tribunals, and our everv interest is intrusted to their care. The prompt and speedv administration of justice is the safe-guard of our liberties and the promoter of our National moralitv.

The transactions of courts in anv communitv make an important item in its history. In Miami Countv the earlv proceedings at the bar of justice are unfortunatelv much obscured and mostly destroyed. There is scarcely a record of any kind that antedates the destruction of the court house by fire in March, 1843. Whatever is here given relating to a time prior to that is founded almost whollv upon the hearsav evidence, a kind of evidence that is rarely admitted as proofs in courts. There are but few persons now living who were residents of the County in 1834, ^^^ '^'^^^ of 'ts organization, and of those there are not more than three or four who can bear testimony concerning the earliest courts.

It is said that the first term of the circuit court held in Miami County was in September, 1834, at Miamisport. The presiding judge was Gustavus Everts, of La Porte. As Indiana courts were then organized, there were two' associate judges, whose duty it was to assist in conducting the business. As a matter of fact thev did but little trood towards furthering the ends of justice, as the_\' nearly always gave tlieir assent to whatever opinion the president judge announced. The cases where they dissented were very few and tlien of but little importance. About their only advantage was in expediting business by disposing of probate and other less important matters. It is not now definitely known who the first associate judges were, but it is probable that George S. Fenimore and Jacob Wilkinson were; at least it is certain thev were in 1836, and no elections occurred between the time when the court first assembled and the above date. But the\' may have been first elected in 1836. If that is the case, their predecessors were appointed by the Governor and are not now known. Samuel C. Sample was prosecuting attorney, Benjamin H. Scott clerk, and Jacob Linzee, sheriff. Probably the usual routine of early courts prevailed, leaving little to be imagined bevond the primitiveness of the situation. Among the early attorneys are said to have been Charles Ewing, David H. Colerick and Henrv Cooper, of Fort Wayne; Henry Chase, John W. and Williamson Wright and Benj. Hurst, of Logansport. All these became prominent among the attorneys of Northern Indiana except the last, and at least three, Ewing, Chase and John W. Wright, became circuit judges. Colerick was one of the most irresistable of advocates.

The second term was held in March, 1835, at Tarkington's Tavern, on the Northeast corner of Main and Miami streets, in Peru, and the third at the house of Hugh Peoples, also a log tavern that stood near the corner of Cass and Second streets. Of this, John A. Graham has written: "The room in which the term of the court last named was held was not over eighteen feet square. The judge, prosecutor, clerk and attorneys sat around a table near the North wall, and parties litigant and spectators stood wherever they found convenient places in the room and about the door outside. The indictments were generally for small infractions of the law, such as betting on shooting matches, selling whisky without license, and indulging in the innocent amusement of euchre or old sledge at twentyfive cents a corner."

The judicial district over which Judge Everts then presided was the Eighth, and was composed of the counties of Cass, Miami, Wabash, Huntington, Allen, LaGrange, Elkhart, St. Joseph and La Porte. Bj- act of February 4, 1836, the following were attached to and made a part of that circuit: Porter, Marshall, Fulton, Kosciusko, Noble and Adams. The District comprises the best portion of Indiana and was an exceptionally large one even for that da\'.

tion of the State, and Judge Biddle thus speaks of him : . " He was a lawyer of great tact and fine address; extreme!}' astute in the management of witnesses and facts; not remarkably studious nor deepl}- learned in the law. In cases that moved emotion, or touched passion, or appealed to the feelings which stir our common nature, he was very powerful - far more successful than when he attempted to convince the understanding. His peculiar talent made him personally very popular. He was indeed a very prince of good fellows."

The immediate successor of Judge Everts was Samuel C. Sample. He held but one term in his county, in the fall of 1836. Judge Sample was a man of no ordinary ability, but was plain and practical in all his acts. He represented his district in Congress, and was always at his post among the workingmen of that body. At the bar, and as presiding judge of the Circuit Courts, he stood high among the most efficient and able practititioners, and one of the purest judges that has graced the bench. His person was fine, his head and forehead large, and hair dark.

Charles W. Ewing came upon the bench as president judge of the Eighth Judicial Circuit, the immediate successor of Judge Sample. His associates were the same as those who sat with Judge Sample, with Thomas Johnson, prosecuting attorney. Judge Ewing was a lawyer of superior ability, and stood high in the profession, locally and generally. As a judge, he was ready in grasping facts pertinent to the issues involved, and seldom committed an error in disposing of questions submitted to him for consideration. He was deservedly popular, both as lawyer and judge, and his untimely taking off was a source of regret to all with whom he was acquainted. His term of service as judge of the Miami Circuit Court closed with the March term, 1839. He died by his own hand on the 9th of January, 1843, in the meridian of his life and usefulness.

Henry Chase, a resident of Logansport, became the fourth Circuit Judge in line of succession upon the Miami County bench. He was appointed August 20, 1829, b}- David Wallace, Governor, during the interim preceding the session of the Legislature of 1839-40, to fill the vacancy caused by the resignation of Judge Ewing. Another has said of him: "He was a close and ready pleader, seldom or never asking for time to prepare his papers: had a clear, logical mind and great force of character. As a judge he was dignified, self-reliant and unequivocal, making no mistakes in the enunciation of his decisions; his style brief yet exhaustive."

Bench And Bar. 33 I.

composed of the same counties as when Judge Chase was appointed, excepting that Carroll County was added. He was a man of peculiar make-up; not a profound lawyer, but ready in arriving at conclusions and prompt in announcing them. During his term of service the amount of business that came up for his consideration was uiiusualh- large, and vet few appeals were taken from his decisions, which, though not always satisfactory', were generally concurred in by the parties litigant.

It was during Judge Wright's term that the court house was destroyed by hre, as before stated, and with it all the court records up to that time were destroved. To alleviate in some measure the trouble that would naturally follow from the destruction of important judgments of the court, the Legislature not long after passed a law to provide for their restoration. The title, preamble and first section of this act are here given.

Section 1. Jle it Emirted hy the General AuMmhlij of the State of Tndianii, Tliat for the purpose of perpetuatinii; testimony of, or rchttinir to any judjrments, orders, decrees, or otlier proceedinirs of tlie Probate or Circuit Courts of the County of Miami, had jirevious to the destruction of the records thereof, and for the purpose of iierpetuatiusr testimony coiicerninjr, of, or relating to, any patents, deeds, mortgages, bills of sale, wills, inventories, powers of attorney, or other instruments of writing of record in the books of the Recorder of said county and destroyed as aforesaid, M. W. Seely, of said county, is hereby appointed a commissioner to receive evidence of and concerning any such judgments, orders, decrees, or other proceedings of said Probate and Circviit Courts, and in relation to any patent, deed, will, bill of sale, mortgage, power of attorney, inventory, or other instrument in writing by any person who may wish to have such testimony perpetuated.

The commissioner, M. W. Seely, appointed by this act, was at that time a resident attorney of Peru. There was but little w6rk done bv this commissioner, and the restored records are very brief concerning the prior transactions of the courts. One thing that is of some interest recorded in this volume is the will of Francis Godfroy, the last chief of the Miami tribe of Indians. The manner in which he disposes of his large property shows that he was a man of no ordinary ability. His several wives are provided for with seeming impartialit}-.

The absence of the early records is a matter of regret as it prevents the narration of many important occurrences that took place in the early days of the county's history, while people were seeking justice. From the early commissioner's record which was not destro\-ed by the fire, the following names of the Grand and Petit Jurors have been ascertained. Grand Jurors: Zephnmiah Wade. Geo. W. Holman, George Linzee. Abner

The first authentic records begin with the September term of the Miami Circuit Court, which began at the Court house in the town of Peru on the eleventh day of September, A. D., 1843, and adjourned therefrom to the Presbvterian Church in the same town, the Court house having been destro\'ed b}' fire since the last term. Present - the Hon. John W. Wright, President Judge of the Eighth judicial Circuit of the State of Indiana, and his associates, George S. Fenimore and Albert Cole, Esquires, for the Count}- of Miami, and Benj. H. Scott, Clerk, and John A. Graham. Sheriff, of said Court and Countv.

The Sheriff returned into court the following list of Grand Jurors : Willvs Remch, Stephen Bradlev, Josephus Austin, Benjamin Austin, Benjamin Cady. Thomas Black, Eli Cook, Enos Baldwin, James B. Savers, Jonathan Bishop, Matthew Murden, Samuel Fisher and Jacob Flora, for the regular panel, and these men for the petit jurors: Samuel Ga3er, Eli Flora and Washington Abbott, a total of fifteen, that being the number then required on the Grand Jurv bv the State laws. The same number is now in demand by the United States for a Grand Jury.

Spier S. Tipton was at that time prosecuting attorney and because of the destruction by fire of all indictments pending in the court at that time, he entered a nolle prosequi to them all.

Among the causes on the docket at this time were two for divorce, between Hannah and Joseph Read, John and Luthania Cressman; one for a writ of ad quod danuuim by the Peru Bridge Co., against the heirs of Wm. N. Hood and of George Washington Godfroy; two for slander b\- Fletcher and wife against Thomas Gowdy, and Richard Gillaspel against Horace Mason. Besides these were a number for debt, assumpsit, trespass, promise and other important matters. The Grand Jury returned a number of indictments but the records do not disclose what thev were for except that one was for perjury.

Bench And Bar

estray law, and in addition to these were iive for contempt of court against John A. Graham, Wm. World, Jacob Stroup, Jeremiah Shaffer and Daniel Chrosuster.

In September, 1S44, the suit of ad quod daiiDiiiin by the Peru Bridge Company, was brought to a termination b}' the granting of a right to erect and maintain a bridge across the Wabash river on Broadway street. In the award of the court in this cause there is the following : " That it will be of no damage to the several proprietors, and that the mansion houses of none of the several proprietors (along the river) nor the officers, curtitage, or gardens thereunto, immediately belonging will be oxerflowed by the erection of said bridge nor the abutments, tollhouse nor causeways thereof ; and it appearing further to the satisfaction of the court that ordinary navigation of fish or passage will not thereby be obstructed, and that the health of the neighborhood will not be annoyed by the stagnation of the water occasioned by the construction of said bridge, abutments, toll-houses and causeways * * it is therefore ordered, etc., etc."

At this term Z. W. Stewart was prosecuting attorney. It was at this term also that the first verdict, now on record, imposing the penaltv of confinement in the State Prison was returned. It was against James INI. Thompson who was convicted of grand larceny and sentenced to two years imprisonment and fined nineteen dollars for the benefit of the Miami County Seminar}-. Nathan O. Ross was allowed five dollars for defending him. This is the first case shown by the records, but there may have been others of this kind prior to the burning of the records in 1S43.

At the Februarv term, 1845, W. M. Cadien was fined five dollars for violation of the election laws. It seems that the people were as eager to exercise the right of suffrage then as now.

Phillip Hester was found guilty of grand larceny and sentenced to four years in the penitentiary. David Kistler was sent for one year on a charge of petit larceny. The Grand Jury report that the jail is sufficient for the safe-keeping of the prisoners. Josiah Watterson was given five years because he was guilty of forgerv. Hester and \Vatterson were defended by D. D. Pratt, and Kistler by E. P. Loveland, A. A. Cole and N. O. Ross.

In February, 1846, David M. Dunn presented a commission as prosecuting attorne}' of the Eighth Judicial Circuit of Indiana. At this time all causes that required publication were published in the Democratic Pharos^ of Logansport, that being the nearest newspaper.

to the bench in Miami County as president judge. His commission was signed by James Whitcomb as Governor. For that term Wm. S. Palmer was sworn as prosecuting attorney. During this term Samuel Smith was tried on an indictment for murder, but the jury failed to agree.

At the March term, 1848, Nathaniel McGuire assumed the duties of prosecuting attorney and at the same time Coleman Henton was sheriff, and during the term James B. Fulwiler succeeded Benjamin H. Scott as clerk. In September, 1848, Albert Cole, who had been so long one of the associate judges upon the circuit bench, retired, and his place was occupied by Daniel Potter.

William Potter became prosecuting attorney at the September term, 1849. ^^ ^^'^ term Mary x\nn Reese and Jesse Washburn were prosecuted for murder, and a jury said they were not guilty. Both of these cases were brought to this County on a change of venue from Fulton county.

In September, 1850, Caleb Fonce was found guilty of murder in the second degree. The gist of all the record that remains of it is contained in the following verdict of the jury: " We, the jury, find the said defendant guilty of voluntaril}^ killing said Godfrey, as charged in said indictment, upon a sudden heat, without malice expressed or implied, and with deliberation and premediation, and say and find that the said defendant is guilty of manslaughter, and that he be imprisoned in the State Prison, to be there kept at hard labor for the term of two years."

Upon the convening of court at the March term, 185 1, it adjourned from the Presbyterian Church to the Methodist Church. At the. September term of that year John B. Clemens was acquitted on a charge of murder. This cause was on a change of venue from the Fulton circuit court. At that term, also, the court audited the accounts of this County against Fulton County arising on the trials of Mary Ann Rees and Jesse Washburn, who were also tried here on a change of venue. These two, with the Clemens case, amounted to $766, which amount Fulton County w'as called upon to pay.

Judge Biddle was succeeded upon the Circuit bench at the September term, 1852, by Hon. Robert H. Milroy. John M. Wilson was at the same time special Prosecuting Attorney. Judge Milroy was destined to sit upon the Miami Circuit bench but a short time. It was during this year that Indiana adopted the new constitution, and thereby changed very much the manner of holding courts and the methods of practice. Before proceeding further with an account of the court proceedings, it will be well to take a retrospective view of the judges and attorneys w^ho tigurt'd largel}' in the Miami Circuit Court up to this time. The Judges up to March, 1847, have, ah-eady been noticed. At that time Judge Wright was succeeded by Horace P. Biddle. In Judge Biddle Miami County had one of the most distinguished jurists. In 1852, he was elected senatorial delegate to attend the convention which met at the capital that }ear for the purpose of forming a new Constitution for the State Government. As a member of that convention he distinguished himself in the advocacy of provisions which experience has shown were wholesome and judicious, imparting additional dignity to the political and judicial economy of the State. Resuming the practice of law during the interval after the conclusion of his convention service, he continued his professional labors until the fall of i860, when he was re-elected president judge of this circuit, designated at that time as the Eleventh. His commission was dated October 26, i860, and extended over a period of six years from the da}' preceding. The circuit was then composed of the counties of Carroll, Cass, Miami, Wabash, Huntington and Grant. Judge Biddle was re-elected in 1S66 for another term of six years, as judge of the Eleventh Circuit, composed of the same counties, and left the circuit bench at the close of the spring session in 1872. Two years later, however, he was elected one of the judges of the Supreme. Court of the State, and served a full term of six years as such, leaving that high position full of judicial honors. Aside from his experience in the field of law as practitioner and judge, he has not been unknown to fame in the field of literature, having produced many valuable works in the department of science and general knowledge. He was then and is now a resident of Logansport.

Robert H. Milroy was appointed the successor of Judge Biddle at the time of his resignation in 1852. Judge Milroy, prior to his accession to the bench, was a lawyer of considerable abilit}% of wide experience and high integrity, and carried these qualities with him in the discharge of the duties pertaining to his more responsible position, leaving no stain upon the judicial ermine. His earh- life was spent chief!}- in Carroll Countv, Ind.. but having an inherent desire for distinction in the science of arms, he entered the militarv school at Norwich, Vt., where he became proficient in the theoretical details of militarv life. Upon the announcement of a declaration of war against Mexico, and a call for volunteers by Gov. Whitcomb, without delav he enlisted a companv for that service, of which he was made captain, and tendered his and their services for the strife alreadv inaugurated. Again, at the outbreak of the rebellion, he enlisted one or more companies for three months' service and was commissioned colonel of the re<jiment known as the " Bloody Ninth." He was subsequently promoted to a major-generalship and served with distinction during the war. He now resides in one of the territories of the great West.

Early Attorneys. - The records for the ten years before the adoption of the new constitution showed that about thirty attorneys were admitted to practice at the Miami circuit court. At the September term, 1843, there were these eight practicing in court: D. D. Pratt, A. A. Cole, Horace P. Biddle, Nathan O. Ross, W. Z. Stewart, Spier S. Tipton, Ebenezer P. Loveland and M. W. Seelev. Of this number D. D. Pratt is too well known to need an extended notice here. Suffice it to say that he was then a resident of Logansport and continued such until his death. Having completed the study of law with Calvin Fletcher, of Indianapolis, early in the year 1836, he went to Logansport, was admitted to the bar there on the 9th of August of that year and immediately entered upon a very successful and lucrative practice. He was studious, careful and judicious in the preparation of his legal papers, painstaking and thorough in their presentation to the court, and frequently secured verdicts at the hands of a jury by skillful and elaborate arguments, which were presented with great magnetic force. Eminently popular in the practice of his profession he w-as equally so as a man and a citizen, representing the people of his county one term in the State Legislature and the State of Indiana in the Senate of the United States. In both these positions his characteristic energy and industry were everj^where manifest. He died on the 17th of June, 1877, at the age of sixty-four years.

Hon. William Z. Stuart settled in Logansport at nearly the same time with Mr. Pratt, having partly completed his studies elsewhere. He was admitted to practice on the 20th of February, 1837. From 1843 he served one term as prosecuting attornev in this circuit, and discharged the duties pertaining to that office with signal ability. During the period of his practice, which took a very wide range, he was ranked among the most thorough and logical lawyers in the Sfate. At the time of his death, and several years anterior thereto, he was principal attornev for the Wabash Railway Company. From 1853 to 1857 he served one term as judge of the Supreme Court of the State of Indiana w^ith distinguished credit to himself and the profession he honored.

Alphonso A. Cole was for several years the leader of the Peru Bar. He was a man well educated and of irreproachable character. As a pleader he was unexcelled by any attorney that has lived in Miami County, and his papers were models of their kind. Although he did not excel as an advocate, he yet possessed considerable abilitv in that direction. His speeches were

£feiierally delivered in a plain and unostentatious manner, and were couched in model sentences'. At times, howexer, he would mount to a convincing and une.xpected degree of eloquence that nearly alwaj'S carried his hearers with him. He was a man of much natural ability in addition to educational advantages. In the old time equity proceedings, his name appears as solicitor more than an\' of his contemporaries.

Ebenezer P. Loveland had been practicing at the Miami County Bar since 1840. For a period of about fifteen years he continued in the active practice and from the frequency of his name in the records, it is presumed that he was one of the leading attorneys of that period. He later engaged in railroad speculation and other matters that required nearly all his attention and compelled him to relinquish, to a large extent, the law. Later in life he returned to a some what more active practice. His death earlv in 187 1 was caused by an accident at the burning of the Howe Machine Works. The resolutions of the Bar upon his death were as follows:

P. Loveland, Esq., an esteemed citizen of our Countv and one of the oldest member of the Bar, suffered a horrible death by being crushed beneath the ruins of the Howe Sewing Machine factor}-, which was destroyed by fire on the loth of February, 1871. At a meeting of the Bar of Peru, convened to take such action on the melancholy occasion as should be deemed fitting, the following resolutions were adopted:

ResolDed, Th;it tlie siiddcu and fearful death of E. P. Loveland, Esq., has cast a srioom o\er the entire tonimuuity and wrapped his professional brethren in profound sorrow.

Ixrsiilnd, Tliat by this dreaded visitation our County has lost a worthy citizen, and the Bar a memlier who had the aliility to liuve achieved its highest honors.

liiKiih-cd, That the secretary of this meeting jiresent a copy of these resolutions to the bereaved family; also that he furnish copies to the press of the city for publication.

Henohcil, That X. O. Hoss be apiiointed to present these resolutions at the next term of the Comnmn Pleas Court and Col. .loliii M. Wilson at the next term of the Circuit Court, with the request of this meeting that they be spread upon the records of said courts as a tribute to the memory of the deceased.

Nathan O. Ross was one of the earliest resident attorn e3's of Miami Countx', and from that time to this he has been one of the leadinir members at the bar. Throuo-hout all he has maintained his standing as an able and successful advocate. He has had for his opponents the ablest men of the early bar in this portion of the State. In later years he has been the attorney for the C. St. L. & P.

Railway, and now spends a large portion of his time at Logansport in the practice. He has been a diligent student and has acquired a knowledge of statute laws and the court decisions that is probably unequaled by any attorney in this portion of the State. This has made him one of the safest of counsellors. He takes high rank as a lawyer, based entirely upon his knowledge of the law and not as a brilliant and showy orator.

Courts Under the JTczv Constitution. - The courts of Indiana received a radical change under the new constitution. Thev were organized throughout the State in the early part of 1853. Hitherto the old common law methods had been in yogue, but under the new order of things the practice was much simplified and many of the long and tedious forms were done away with. The change brought about much opposition from some of the older members of the bar throughout the State. They had studied the common laws for years, imtil they had become imbued with its principles. To them it embodied the ijenuine wisdom of the ajfes that concerned law and liberty. They admired it for its grandeur and its equality. It had been so long the recognized channel through which justice had been sought that "the memory of man runneth not to the contrarj-," and they were reluctant to give up any of its well known avenues. Indeed, to many of these older practitioners the common law practice had grown to be of such paramount importance, and had assumed, to them, such beauty and symmetry that they held it in awe and reverence. It was therefore little short of sacrilege to attempt the pruning of this system even in its smallest branches. To such an extent was this opposition carried that many never became reconciled to the change, while some even went so far as to abandon the practice altogether.

One distinctive feature of the change was the abolishment of the office of associated jud§e. This was an office more for ornament than for utility. The circuit judge then held court in several counties, and in each he was assisted by two associate judges, who resided in the county. They were men that seldom, if ever, had any knoNN^ledge of the law and their decisions usually followed in harmony with the president judge. At this time, however, they folded away their ermine and took their final leave of the Indiana courts, leaving the task of supporting the scales of justice to a single judge.

yolni Doc vs. Richard Roc. - The present code practice in Indiana has been in operation since May 9, 1853. Under the old system many relics of feudal times were still lingering. Several 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. Thencefort^h all actions were to be prosecuted and defended in the names of the real parties. It was at that time that the famous m3'thical personages John Doe and Richard Roe were forever banished from the courts of Indiana. These were fictitious phiintiffs and defendants that were used in all actions to recover the possession of real propertv. This common law action of ejectment originated about the beginning of the fourteenth century on account of " the thousand nicities with which real actions are harassed 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 promptness 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 system. It was with deep regret that the old practitioners took leave of these knights errant of the common law.

The first term in this countj^ after the adoption of the New Constitution began March 14, 1853, with Hon. John U. Pettit as Judge; John Connell was Prosecuting Attorney, James B. Fulwiler and Jonas Hoover, Sheriff. Perhaps no man in the State was better adapted to the trying duties of reorganizing the Circuit Court under the new methods of practice than Judge Pettit. He was a resident of Wabash County. His mind was a storehouse of information on almost everv conceivable subject. A ripe scholar and a great reader, he was thoroughlN' acquainted w'ith the history, poetry and the current literature of the country. In law no man in Indiana had a more comprehensive knowledge. While sitting as judge but few appeals were taken from his decisions, and the Supreme Court rarelv reversed his judgments. Prior, to this time he had been a member of the Indiana Legislature, and had been United States Consul in Brazil. Beginning in 1854 he served four terms as a member of Congress, the first three as a Democrat and the last as a Republican. In 1862 he was commissioned colonel of the Sevent^'-fifth Regiment of the Indiana Volunteers, but was compelled to resign on account of feeble health.

Adoption of Seal. - The first regular adoption of a seal that appears in the Circuit Court records was at the September term, 1853. The order reads as follows:

" I, .Johu Upfokl Pottit, .Judge of the Alianii Circuit Court, within and for said county and Stale, do hereby devise and adopt the followinjr as the seal of llie said court, to-wit: To be of metal circular, in its disk upon tlie face, of tlie exact dimensions of the impression tliereof at tlie lower left hand corner of this paye and so enirraved upon its face as to make the followinjr impression in relief, viz: A dotted circle around and at its maririn, just witliin, the words "Circuit Court Miami County Indiana," the word Indian.i sei>arated from tlie other words at both ends by lour leaved roses, said words in Roman capital letter and in direction parallel with the exterior and interior dotted circles, .lust within said words a second dotted circle in the same direction and in the open space within said circle a riijht hand huliliuir a pen in the position of writing, th^ lingers directed to the left, a true impression of which said seal, I certify the foregoing impression to be and leaving so devised the same, I Lerebj' declare the above and foregoins; to be a true discription thereof and to l)e henceforth the seal of the Miami Circuit ("ourt. "Done in oi)en session of this said court at Peru, in said county, this 13th day of "September A. 1). 1853. John Upfold Pettit."

Accession of Judge Wallace. - At the September term, 1854, Hon. John Brownlee came to the Circuit Bench in this countj'^ in the place of Judge Pettit, who had been elected to Congress. Judge Brownlee was then and is now a resident of Grant county. He was commissioned by Joseph A. Wright as Governor. This was his onl}" term in Miami County, and at the March term, 1855, he was succeeded b}- Hon. John M. Wallace. He too was a resident of Grant Count\- at the Bar of which he was at that time foremost. Judge \\'allace was a brilliant man, aad was a fluent speaker. As an advocate he was surpassed bv but few, and his knowledge of the law enabled him to become an able and efficient judge. At this same term Hiram Moore assimied the duties of County Sheriff. Isaiah M. Harlan, who had been Prosecuting Attorne}' one year, still continued in that office.

It ma\' be worthy of mention that the sessions of court were still held in the Methodist Church. Since the fire in 1843 there had never been a suitable room prepared by the county for that purpose.

Orris Blake became Prosecuting Attorney in 1856, R. P. De- Hart, October, 1859, W. S. Benham, October, i860, and M. H. Kidd, September, 1861.

Inasmuch as the practice of attorneys testifying in behalf of clients is in many cases of questionable propriety, calculated frecjuent to give occasion for unfriendly insinuiitions and grave charges of a criminal character, and generally to prejudice that good understanding which should every where prevail among the members of the legal profession, it is ordered that in the courts of the Eleventh .Judicial Circuit the practice of attorneys testifying in behidf of their clients, at their own instance, or at the instance of co-counsel, will be regarded uitli great disfavor, unless when it is absolutely necessary to jjrevent great injury to jiarties, and when the facts can be established by no other creditable witness.

The October term, i860, was the last of Judge Wallace, and most of that was held by John Brownlee, under appointment. In April, 1861, Horace P. Biddle, after several years absence from the Miami Circuit Court, returned to the duties of Circuit Judge. Judge Biddle has alread\" been extensively noticed in this chapter.

Important Criminal Cases. - Among the criminal trials of the county the following are specially mentioned. In September, 1853, Nathaniel Myers was tried on a charge of forgery, was convicted and sentenced to two years in the penitentiar\' and fined $100. At the same term James Williams was given two years and fined forty dollars for grand larceny. In March, 1854, George Chesrown received two years and $100 for forgery. A large number of cases came on about this time in which the Logansport and Northern Indiana Railroad Co. was a party. They were mostly trials resulting oyer the right of way and for stock subscription. These were nearly the tirst railroad cases in the county. Nathan Kimble was acquitted of murder in September, 1S54.

One of the most important criminal trials in the earh- daj-s was the case of the State of Indiana ys. Abner Dillon, for murder. This was tried at the March term, 1857- John M. Wilson assisted in the prosecution with much yigor. Dillon was charged with hayino- killed his wife, by beatin<r her with a shoyel. The e\'idence showed him to haye been guilty of a long course of cruelty to her. The jury found him guilty and fixed his punishment at imprisonment for life. On an appeal to the Supreme Court the proceedings of the court below were fully sustained and the jurj- said to have been lenient with the pnsoner.

In April, 1858, Wade Blackburn was giyen one year for larceny, and on the same charge James W. Fitzgerald received two j-ears in Oct., i860. Chas. Warrenburg also was sentenced to t\\"o 3-ears about the same time for recei\ing stolen goods. In April, 1868, Charles Ager was sentenced to twenty-one }ears imprisonment for murder.

Later yudg-es. - The October term, 1872, was the last of Judge Biddle upon the Miami Circuit Bench. He was succeeded by John U. Pettit in March following who remained a full term pf si.\' years.

In October, 1879, Lyman Walker assumed the duties of Circuit Judge, and was the first and only resident of Miami County who had been elevated to that excellent position. It is probable, too, that none have ever discharged the duties of that office with more credit to themselves or satisfaction to the public than did Judge Walker. His abilities as a jurist are of a high order, and his education is liberal. Another has said of him : " He is a superior man in eyer\' respect." His decisions upon the bench stood the test of the Supreme Court far better than the average of Circuit Judges. He possesses a good judicial mind, and in the trial of a cause gave close attention to the evidence, and decided according to the natural equity, or the right of the case. In all cases involving fraud he seemed intuitively to anticipate the minutia. Since his retirement from the bench in 1885 he has been actively engaged in the practice at Peru. As an advocate he has but few superiors. Being a good speaker and of commanding personal bearing, he has large influence with the jury. On the whole he can be deemed a brilliant lawyer and one of a still more promising future.

that office in this county at the October term, 1885. He is a painstaking official and one who is determined on administering justice without partialit}-. He is a resident of Wabash where he was for many years engaged in a successful practice, and where he earned the reputation of being an able lawyer.

Later Attorneys. - It is not within the province of a work of this nature to make special mention of the attorneys now living. A considerable portion of them are now represented in another part of this volume. Such attorneys as H. J. Shirk, R. P. Effinger, Josiah and John L. Farrar, James M. Brown and John Mitchell, men who have nearlv all been in the active practice in Miami Countv for more than thirtv years, might perhaps be more extensively noticed here. But a sketch of each will be found elsewhere. Suffice it to saj' that they have taken front rank in their profession, and for many years have been foremost at the Peru Bar. Besides these the bar is well represented by a large number of \oung men, many of whom give evidence of eminence in their profession.

Concerning the death of Albert J. Davidson, who was at one time a leader among the younger law3'ers of the county, the following record was made at the October term, 1S74: licKnUed, That in the suddoii, painful and nntiniely death of our brother, Albert .1. Davidson, we boar the loss of one who. by his natural talents, his aequireil endowments and many noble qualities had early olitaincd an enviable position in liis profession and in society; and whose death in early manhood has destroyed the hope of future eminence and usefulness, of which his brief professional life gave such abundant promise.

Comes now R. P. Effinger, Esq., and presents to the Court the followinir resolutions passed by the members of the Har at a meeting of the Har on Monday, the 20th day of March, A. D., 187 (i, and asks that they be spread upon the records of this court.

HciKilved, That we, the professional associates of Col. .John M. Wilson, late a member of this Har, tender to his bereaved family our condolence and -sympathy in the affliction that has deprived them of a loved and honorable father, and his relations and companions of a warm-hearted and faithful friend.

Resolved, That a copy of these resohitions be j^resented to the Sliami Circuit Court at its next ses.sion, with the request that the same be spread upon the record and a copy thereof, under the seal of the court, be presented to the family of the deceased. K. P. Effinokh, Chairman. Lyman Walker, Secretary.

deceased, in the course of which lie said: "In many respects Col. Wilson was a remarkable man. To his last he had the warmth, and cheeriness, and loving conlidence of a child. Here at this bar he is best known. He had, so to express it, a genius of speech - sentences not contrived, measured and modulated, clothed in the drapery of chosen language, warm with thought and feeling, and on proper occasions said with just resentment, were often full of eloquence. If he had any fault of mental character, it was that to natural resources, so ready and always at hand, they were relied on for the occasion, sudden, instead of being husbanded and trained and disciplined for great opportunities." As a further mark of remembrance, the bar secured a portrait of Col. Wilson and had it placed in the court room, where it now remains.

Probate Courts. - Under the old laws the Associate Judges were ex-officio judges of the Probate Courts in the absence of a regular probate judge. What the exact method of conducting the earlv probate business of this countv cannot not now be surelv determined on account of the burning of the records in 1843. The first court of this kind of which there is any record began in May, 1843, with Jonathan R. Smith, as judge. He continued in that capacity until November, 1S48, when he was succeeded b}' Reuben C. Harrison. Judge Harrison remained upon the Probate Bench until that court was abolished by the adoption of the new constitution in August, 1852. Up to that time it had jurisdiction in nothing but probate matters, although appeals could be taken to the Circuit Court.

The Common Pleas Court. - 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 practice brought about. It had the jurisdiction of all that class of offences 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 intervention of the Grand Jury necessary. In all civil cases, except for slander, 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 of 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 en- larged. The Clerk and Sheriff of the county officiated in this court as well as in the Circuit court, and the judge was ex ofjicio 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 reconciliation 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.

First Term. - The first term of the Common Pleas Court in Miami CountY began January 3, 1853, with Robert F. Groves as Judge. The first act of the court was the adoption of a seal. The various Common Pleas Judges, with their first terms in the Countj' after Judge Groves, were Samuel L. McFadin, Januarv, 1857: "Kline G. Shryock, November, 1S60: D. D. Dykeman, November, 1S62; T. C. Whitesides, Julv, 1865; James H. Carpenter, November, 1870; D. P. Baldwin, March, i87i;John Mitchell, December, 1872. This court was abolished early in 1873, the last term in this countv being held in March of that vear. All matters pending in that court w'ere transferred to the Circuit Court.

Roll of Attorneys. - In a hasty review of the court records it is next to impossible to obtain a complete list of all the attornevs as thev were admitted to the bar. In this countv of course it is impossible to give anv prior to 1843. The following list is given although it doubtless contains manv errors and omissions.