Miami County, Indiana - Chapter 18: The Circuit Court, 1896

Chapter 18: The Circuit Court

N account of the transactions and proceedings of the courts of a county A forms one of the most interesting and instructive chapters in its history. In the bench and bar is found the most brilliant men of our country's history. The manner in which courts deal with crime and misdemeanors of the law is an index of the civili zation of the people.

The early history of the Miami circuit court is mainly reminiscence. All the records of the court house, (except one small book, the first record of the commissioner's court) were consumed by the fire of the 16th of March, 1848.

The first term of the Miami circuit court.was held in August, 1834, at Miamisport.. Gustavus Evarts, of La Porte, was the presiding judge; Jacob Wilkinson and Stephen S. Shanks associate judges. Samuel C. Sample was the prosecuting attorney, who afterward represented the Ninth Congressional district in congress. Benjamin H. Scott was clerk, Jacob Linzee sheriff, James Petty court bailiff. The names of the graad and patit jurors that where drawn for that term of court is given on page 57. They served two days and were each allowed $1.50, but nearly all donated their services.

The second term of court was held in February, 1835, in Peru, at the home of Dr. James T. Liston, who kept a tavern on Second street, just back ot where the National Hotel now stands. The officers were the same as at the first court,-except the court bailiff, who was Christian Kuchbe. The grand and petit jurors were in session two days. Court was held sfx days, and Liston was allowed $3 for the use of his fire and a room.

The third sessson of court was held in September, 1835-at the tavern of Hugh A. B. Peoples, who lived in a two-story log house on East Second street that stood for many years. Peru had no resident attorney until 1836, when John Bush ca me and hung out his shingle. For a number of years nearly al! the business before the court was done by attorneys of Ft. Wayne and Logansport. Most prominent among these were Horace P. Biddle, Henry Chase, Charles Ewing, John W. Wright, D. D. Prutt, Henry Cooper, David Colerick and Benjamin Hurst.

One can readily imagine the dignity and austerity of the early courts. They were held in a small tavern. The judge, prosecutor and clerk sat around a table, and parties litigant and spectators stood wherever they could find a convenient place, There were no criminal cases before the first three terms of court. (The indictments were misdemeanors of the law, such as selling liquor without license, vetting, horse racing, gambling and assault and battery.

President Judge And His Associates

In the early days the president judge had a large circuit and his associates settled many civil cases in his absence. But the associate judges always coincided with the president judge. This judiciary soor became very unpopular with the people. The associates were denounced as mere figureheads, whose chief duty was to drawtheir pay. The offices of associate judges continued until 1852, when they were abolished by the legislature. Jacob Wilkinson and Stephen S. Shanks were appointed in 1834 and served until the election in 1836. Wilkinson was re-elected and served until 1841. George S. Fennimore was elected in 1836 and served until the office was abolished. Albert Cole succeeded Wilkinson, served seven years, and then Daniel Potter was elected and served until 1852.

John A. Grahan, in his history in the Miami County atlas. published in 1877, speaks of the early courts with a bit of irony and humor. He says:

«+The circuit judges at that time were elected by the legislature, and two associates, in each county, by the people, which gave the court three judges at the same time.

'One almost regrets the absence from the bench of the associates. It is true they were not distinguished, in a general way, for their profundity in legal lore, but they give to the tribunal, especially when in consultation, a look of sapient dignity, and to judicial rulings the moral force of conclusions reached by three persons without division of opinion. Whether their associates sacrificed their own convictions of the law in concurring so uniformly jwith the president, as they were in the habit of doing, or whether their concurrence was inevitable from an independent understanding of the law, is one of those mysterious questions of fact about which it might be unjust to express an opinion. It was no uncommon thing, however, for the irreverent first settler to speak of them as cyphers, and of supplying their places by wooden men.

«It is not to be inferred from what has been said about the associates that their individuality was merged in that of the president, for they sometimes asserted themselves, and when they did, they were a judicial power not

«'He had a case in that court, as plaintiff--one of those very plain cases, that he thought ought to go to judgment on presentation. The president judge (Borden, of Ft. Wayne) thought so, too, and ruled in his favor on several points raised, but judge Slack, of Huntington, then a young attorney for the defendant, did not think so, and adopted the practice of polling the court on points of law, with the result, every time, of overruling the president judge. The plaintiff's attorney was amazed and speechless at the unusual proceeding of the as- - sociates, and the plaintiff himself arose and asked leave to take a non-suit. 'Certainly,' said the judge 'you can take a non-suit.' 'Can take a non-suit, can he?' asked Slack. 'I want the court polledon that motion." And the court was polled and the presiding judge was again overruled. Slack then moved judg.

ment for the defendant and had the court polled. The result was that the plaintiff. with his very plain case - a note of hand - went out of court with a judgment against him for costs. He thinks to this day that there was something wrong about that suit, bat is entirely satisfied that the associate judges could exercise the highest kind of judicial power when properly moved in that direction.

"On the firstday of the term of the court, held at the Peoples House, the court, in charging. the grand jury, called their atteation, among other things, to violations of the law by justices:in-taxing fees. Squire McGuire, the firs; justice elected in the county, and the only one.in the town at that time, rose from the steps of the stairs in the corner: where he had secured a 3eat, and announced with considerable energy, that he was not one of the kind of. justices mentioned. The court stated that the charge was general and had no persona) reference, which was. received by the squire as-a satisfactory explanation, and he resumed his seat.

'Several citizens, one of whom was prominent among us until the time of his death, which occurred a few years ago, were in attendance to answer the charge of gambling. the specification being that the game was old sledge, at twenty-five cents acorner. The prosecuting witness, Alexander Beard, was a contractor, on the canal, who had the section trom above the bridge up to the dam. When called to the witness stand, he stated to the court that it was a matter of conscience with him to be sworn on the Bible. 'The book being procured, the witness laid his hand upor it, and, at the conclusion of the words, reverently pressed it to his lips. T , the party referred to, who was to be affected by the testimony, had been watching the ceremony with deep interest, and when it ended, exclaimed, 'Well, by ! that gets me! He'll tell the truth now, won't he?' with several other emphatic words expressive of his poor opinion of the witness. The court told the sherilf he must keep order.

"Old Joe. T , called Colonel for short, who lived in the brick house that stood near the first lock west of town, was something of a character. Coming up to the crowd that stood about the door, he indulged in an oratorica] display. The sheriff was commanded to 'stop that noise.' The colonel did not recognize the authority, and the court ordered him to jail until the next morning. How the order was executed by Sheriff Linzee was a mystery, for there was no jail until some years after."

Early President Judges

Miami County, when organized in 1434, was made a part of the Eighth judicial district, which was then composed of the counties of Cass, Wabash, Huntington, Allen, La Grange, Elkhart; St: Joseph and La Porte. And in 1836 the counties of Fulton, Kosciusko, Marshall, Porter, Noble and Adams were made a part of this circuit. The district comprised the whole of the northeast part of the state. It was necessary that the president. judge should be a man not only of learaing, but also capable of strong physical endurance, - as his travels were extensive through heavy forests and swamps - oyer trails and roads that were o:ten almost impassible.

Judge Evarts, of La Porte, was the first president judgé of the Eighth judicial district. Judge Horace P. Biddle speaks of him as follows: «He was a lawyer of great tact and fine address; extremely astute in the management of witnesses and facts; not remarkably studious nor deeply learned in the law. In cases that moved emotion, or touched passion, or anpealed 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."

Samuel C. Sample, the first prosecuting attorney. of this county, succeeded Judge Evarts. He served one term of court in the fall of 1836. He afterward went to congress and was an active worker in that body.

Chas. W. Ewing, the brother of George W. Ewing, the great Indian trader and discoverer of Frances Slocum, was the immediate successor to Judge Sample. He closed his services as judge of the Miami circuit court in March, 1839. Juige Ewing at that time was one of the most gifted orators in the west. He had never studied grammer and attributed his elegance of language to the habit of alwaysreading the bestauthors. James B. Fulwiler says that he was one of the most polished gentlemen of that day. His grammer and diction were almost perfect. When his thoughts and feelings were aroused on some local or national subject concerning the body politic, he became grandly eloquent. He became intemperate and in the very meridian of life, in the full power of a noble manhood, drank to such an extent as to get the delirium tremens and died by his own hand on the 9th of January, 1848.

Judge Ewing resigned his position as judge in the summer of 1839, and Henry Chase, of Loganspoit, was appointed by Governor. Wallace to fill his place until the legislature should meet.

The legislature of 1839-40 elected John W. Wright as president judge of the Eighth judicial district. A reminiscence is given of him by Judge Biddle on page 134. He served the full length of his term, seven years, and during this period the court house was built and had just been completed when it burned to the ground and all the records destro ed. The history of the circuit court is almost a blank prior to this date, as very little of the records were restored. The legislature of 1843-44, passed an act providing for the restora. tion of the records, and appointed M. W. Seely, then an attorney of Peru, as commissioner to perform the duty. 'The title, preamble and first section of this act is as follows:

WHEREAS, On the - day of , 1843, the court house in the County of Miami was burned and all the records of the probate and circuit courts and the recorder's office destroyed; and,

SEecTION 1. Be it enacted by the general assembly of the State of Indiana, That for the purpose of perpetuating testimony of, or relating to any judgments, orders, decrees, or other proceedings of the probate or 'circuit courts of the County of Miami, had previous to the destruction of the records thereof, and for the purpose of perpetuating testimony concerning, of, or re- lating to, any patents, deeds, mortgages, bills of sale, wills, inventories, powers of attorney, or other instruments of writing vf 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 circuit courts, and in relation to any patent, deed, will, bill of sale, mortgage, power of attorney, or other instruments in writing by any person who may wish to have such testimony perpetuated.

September Term, 1843

SEPTEMBER TERM, 1843. The authentic history of the Miamicircuit court begins with the September term, 1843. All the records from that date until the present day are

The first term of court after the burning of the court house, convened at the First Presbyterian church on Monday Sept. 11, 1843. The officers of the court were John W. Wright, president judge; Albert Cole and G. S. Fennimore, associate judges. Benjamin H. Scott was clerk and John A. Graham sheriff. M. W. Seely was prosecuting attorney.

The Juries Cases In Court

Very little business was accomplished at this term. There were no state cases. On the docket were two cases of divorce, two for slander, one for trespass and seven for accounts. It may be interesting to note that the case of trespass was against Benj. H. Scott, clerk of the court. But it was dismissed and the plaintiff paid the costs.

Two cases which had been carried to the supreme court were reported and recorded. One was by Zachariah Pendleton against the state. It was dismissed before the supreme court on motion of the plaintiff. The other was State against Thonas Smith, for selling liquor without license. He was found guilty by the circuit court, and jucgment was reversed by the supreme court.

The most important proceedings at this term of court was a petition, which was known in the common pleas court of that day as ''ad quad damnum," which means assessment of damages, This was a part of the proceedings in the case of the Peru Bridge Company vs. Richard L. Britton et al. It is interesting now to learn that there was a hard fight in the courts which lasted for a number of years to prevent building of a bridge across the Wabash at the foot of Broadway. John Bush the first attorney of Peru, who, at an early date, bought the ferry, was one of the main objectors. " He paid the county a license for the privilege of running this ferry, and claimed that he had a vested right, and entered proceedings in court to prevent the building of the bridge. He was beat in the circuit court, went to the supreme court and was beat there. It seems strange now that the proprietors of the town, too, were opposed to the building of the bridge. The bridge matter was a subject of much litigation, the record of which proceedings would fill a large volume.

The petition referred to above is now interesting and instructive as a matter of history. It was presented by the heirs of Francis Godfroy, and asked that a jury of ''twelve fit persons" meet on the fourth Monday of October, 1843, and ''view the lands proposed for the abutments, toll house and causeways and to locate and circumscribe by metes and bounds the quantity of grounds necessary for the said abutments, toll house and causeways, having due regards therein to the interests of both parties and to appraise the same according to its true value, to examine the lands above and below, the property of others, which may probably overflow. and say what damage.it will be to the several proprietors, and whether the mansion house of such proprietors, or the offices and gardens thereunto immediately belonging, will be overflowed, to inquire whether in what degree tish of passage and ordinary navigation will be obstructed, whether by any or what means such obstruction may be prevented, and whether in their opinion the health oi the neighborhood will be annoyed by the stagnation of the waters," etc.

March And September Terms, 1844

The March term of court convened Monday, the 4th. The officers of the court were the same as at the preceding term. 'The juries for this term were drawn in June, 1843, at the same time that those were drawn for the September term of that year. It is interesting to know who were the early jurors, not so much as a metter of court history, but the list shows the names of many of the early tax-payers of realestate.

At this term there were a number of state cases - two for betting, five for contempt of court, two for perjury. a number for trespuss, one for the violation of the estray law and one for slander. John A. Graham was fined one dollar for contempt of court. William World, Jacob Stroup, Jeremiah Shaffer and Daniel Cloucester were finéd like amounts for the same offense, which consisted in disobeying the orders of the court. Isaac and Moses Falk, citizens of the Kingdom of Wurtemburg, Germany, were admitted to citizenship of the United States.. These were the first of which we have any records that were admitted to citizenship. Later in the term, John Maloney, a citizen of Great Britain, swore allegiance to the constitution and laws of this country and. was admitted to citizenship.

The matter of building the Wabash bridge at the foot of Broadway, which had been the subject of so much litigation, was settled at this term of court. The jury which had been appointed to assess the damages brought in the following report:

''That it will be of no damage to the several proprietors-along the river, nor the officers, or gardens thereunto, immediately belonging will be overfiowed by the erection of said bridge, nor the abutments, toli house nor causeways thereof; and it appearing further to the satisfaction of the court that ordinary navigation or fish of passave 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, etc, etc." And. it, was therefore ordered by the court that the bridge be constructed.

Brief Mention Of Later Judges

Horace P. Biddle succeeded Judge Wright in Mareh, 1847. Heis one of the most distinguished jurists in the state. In his 'Island Home" at Logansport, he still lives; surrounded by his. 'eight thousand friends' - his books, which constitutes one of the finest private libraries in the state. Having been born in March, 1811, he is now past 84 years of age. He was one of the most distinguished civil and criminal lawyers of the west, and served eighteen years on the circuit bench and one term of six years as one of the judges of the. supreme court of theZstate. The judge was very popular with the people and was almost idolized by the attorneys that. practiced at his courts. R. P. Effiinger says that he would usually meet in. court twenty or thirty minutes before it took up, and would tell jokes and anscdotes until court convened, and then all was chanjred, and to see him sitting on the bench one would think

John Coburn in his history of the old Indiana supreme court in 1843, speaks of Horace P. Biddle as ''a small, wiry, active, pale-faced, nervous man, with dark eyes and lofty forehead, with scholarly appearance and retiring habits. But a most genial companion to his friends. Hopeful and ambitious, he looked forward toa great future. A keen and active practitioner, putting his points with great clearness and force; he was a formidable advovate and became a famous lawyer, a circuit and supreme judge. His poems, like his briefs and opinions, are marked with the taste, point and precision of the student. He could speak with great force on the stump, before a jury or to the court.

Hon. Robert H. Milroy was appointed to succeed Judge Biddle, who resigned in 1852, and was elected senatorial delegate to the constitutional convention. Judge Milroy was a lawyer of considerable ability, but is known more to history as a warrior, for which he had an inherent desire for distinction. When quite young he entered a military school at Norwich, Vt., where he became proficient in the theory of military tactics. When war was declared against Mexico, he enlisted acompany and was made captain. He' raised several companies for the rebellion, and was commissioned colonel, and subsequently major general. Judge Milroy presided ut only one term of court in this county, when he was succeeded by John U. Pettit.

Judge Pettit, like Biddle, was a distinguished jurist and a man of letters, Col. Josiah Farrar says: 'Judge Pettit was a man df great accomplishments. He had tne finest address of any man I everknew. He used the English language perfectly; was never at a loss for the right werd; was the best conversa-. tionalist on the Wainash. He was one of the best informed and most interesting men [ ever knew." Another has said, speaking of him in 1843: +*He was just beginning his career as a lawyer, a young maa of delicate features, slender io form and graceful; with excellent powers as a speaker, with admirable preparation as a scholar, he appeared to great advantage in the supreme court, on the stump, and in congress in after years." Prior to his election as judge of this circuit, he had served in the Indiana legislature and had been United States consul to Brazil. Having been elected to congress in the fall of 1853, he resigned his position as judge and served in that body four successive terms, the first three as.a democrat and the last as a republican. He was commis- 8ioned colonel in the civil war, but did uot remain long in the field on account of poor health.

When Pettit resigned for congress, Gov. Wright appointed Hun. John Brownlee, of Marion, to fill his place until a successor was elected. He served only one term of court in this county. At the March term, 1855, Hon. John M. Wailace, of Marion, came to the bench. He was 4 large, fine looking man, affable. a fair lawyer and juriest. The most of his time was filled by judge Brownlee, by appointment.

Judge Horace P. Biddle was again elected circuit judge, began his duties in April 1861 and served until 1872. In 1861. the circuit was composed of the counties of Miami, Cass, Carroll. Wabash, Huntington and Grant. This was then known as the eleventh judicial circuit. Judge Biddle was succeeded in 1872 by John U. Pettit, who served a full term of six years.

Lyman Walker was elected judge of the circuit court in the fall of 1878. He was one of the ablest lawyers in this part of the state, and was the first from this county to serve ag circuit judge. He wasa very fine criminal lawyer. Large and commanding in appearance, and a good speaker, he had a wonder- ful influence with a jury. Judge Walker was early in life thrown upor his own resources, and worked his way through two years at Dartmouth college and later gratuated at Middlebury. He then turned his attention to teaching school and bas the credit of establishing the first graded. schools in Peru in 1861. In Ostober, 1879, he began his services as judge of the circuit of which Miami was a part.

Upon the death of Judge Walker, which occurred March 5, 1894, the bars of the counties of Fulton, Grant, Wabash and Huntinztun were adjourned and each adopted resolutions of sympathy, which were placed upon the records of the Miami circuit court.

Wuerras. 'Yhe mysterious hand of death bas suddenly removed from our midst Judye Lyman Walker, who has so long been identitied with the Bar of Miami county; it is eminently appropriate we make due recogoition of such loss Therefore, be it

RESOLVED, by the members of the Bar of Miami County. That by the deuth of our friend and long associate, Judge Lyman Wa'ker, there has been taxen from our number one whose eminent attainments, both asa jurist and ap alturney, gave him 4 well deserved prominence in the profession of the law.

RESOLVED. That we hold in grateful remembrance his impartial administration and judicial integ:ity in the dicharge of the duties of judge during his term of six years upon the bench, and as well the courteous relations with his brother members of the Bar in his professional career both before and after such service.

ResOLVED, That m the late Judge Walker we recognize high professional ability coupled with varied and Hberal culture in other branchés of learning, which bave placed him in the front rank of eminent lawyers, und adorned every walk of social hfe. 'That the members of this Bir will ever cherish the memory of our deceased brother. and that we will endeavor to emulate his virtues both at the Bar und in our daily walk of life.

RESOLVED, That this. our tribute to his memory. be perpetuated by placing the same upon the Records of the Miami circuit court, and that a copy of the same be vent to bis more immediate relatives.

Josiah Farrar Ethan T. Reasoner

In 1873, when John U. Pettit was on the bench. the legislative cistricts were rearranged and more districts were formed. Miami and Wabash ecounties were formed into one circuit and was kaown as the twenty-seventh judieial eircuit. The legistature of 1883-89 again redistricted the judicial circuits and the counties of Miami and Wabash were formed into separate judicial districts. This left tha bench of the Miami circuit court vacant and the governor appointed James M. Brown to fill the position. in Peru since October, 1855. judge.

Hon. Jabez T. Cox succeeded Judge Brown. He was elected in the fall of 3890. Court was then in session, and, haviny received his commission from the governor, he took the baneh. His term will expire in the fall of 1896 Judyve Cox bas heen a journalist. a soldier, a statesman and juror. On the bench he bas given entire satisfaction, and but few men even in his position are so universally esteemed.

A Few Of The Leading Atiornbeys

It was a number of years after the organization of the courts before this county had a resident attorn-y. The attorneys that practiced here were residents of Logansport or Ft. Wayne. The most successful among the early lawyers was Horave P. Biddle. D. D. Pratt. of Logansport. appeared before the Miami cirenit conrt in the spring of 1837. He afterward became a great lawyer and statesman. representing this connty one term in the state legislature and the state une termin the United States senate. His death occurred in June, 1877.

William Z. Stuart, of Logansport, was admitted to practice in 1837 and soon rose to be one of the most able lawyers in this part of the state. For a number of years he was the principal attorney for the Wabasn Railroad Company, and from 1853 to 57 served as a jidge of the supreme court of Indiana.

N. O. Ross ba zan to practice in this county at an early periol. He was one of eight attorneys that ¢> nvose] the bar in the Saptember term. 1843, the first uf which we have any record. For many vears he was one of the leading lawyers in this part of the state, ani his associates at the bar marveled at the amount of labor he was capable of performing. He was a very diligent student and hy many years of practice and study acquired a knowledge of statutes and decisions that but few lawyers possess. He was not a pleader, possessing very little ability a3 an orator, but was an adviser an] counselor, aod his reputation was based upon bis knowledge of the iaw. For a number of years he bas been living in Logansport, but yet holJs bis residence here for political purposes.

Alphonso A. Cole was another one of the eight Jawyers that compysed the bar in 1843. Like Ross he was not 4 plealer, but a counselor. He was an excellent lawyer in civil cases, and for many years he performed a great amoust of the probate business before the courts.

E. P. Loveland, father of H. P. anl R. J. Loveland, partners in the practice of law before the Miami county bar, bezan to practice in this county im 1840. For a number of years he was one of the leading attorneys, and the firm of Loveland & Ross is regarded as one of the strongest that has existed in this county. Mr. Loveland was the founder of the Peru Republican and was very successful as an editor. He was killed at the fire of the Howe factory. Feb. 10, 1871, while trying to save some of the property. He was a lawyer, an editor and a speculator, but he was esteemed mostly as a grand, good citizen and his fearful death was a sock tu the entire community. The following resolutions were adopted by the Miami County Bar:

ResoLvep, That by this dreaded visitation our county has lost a worthy citizen and the Bar a member who bad the ability to have achieved its highest honors.

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

RESOLVED, That N: O. Ross be appointed to present these resolutions at the next term of the common pleas court and Col. Joho 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 tribate to the memory of the deceased.

John M. Wilson, who was admitted to practice in August, 1845, was for many years a leading criminal lawyer before the Miami County Bar. At his obsequies, which occurred in April, 1876, Judge Pettitsaid: «In many respects Col. Wilson was a remarkable man. 'To his last he had the warmth and eheeriness and loving confidence of a child. Here at the 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 lan-uage, warm with thought and feeling, and on proper occasions said witb 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 disciplinea for great opportunities."

John L. Farrar was for many years one of the leading criminal lawyers in Indiava. He was very poor when be came to Peru early in the fifties and for two or three years had hard scrambling to live and pay office rent. He read law some, cut a good many cords of wood sonth of town, hauled it in and sold it. Thus he got his start. In March, 1856, he waa admitted to practice and soon rose to prominence. In a few years he accumulated quite a fortune. As a pleader, he had but few equals anywhere. His eloquence was of the Patrick Henry style. A large, portly man, fall of sympathy and earnestness, he often, in his pleas, brought parties litigant and spectators to tears. His death occurred Feb. 27, 1893. 'The following

Memorial

The undersigned, appointed a committee to report a memorial on the death of Hon. John L, Farrar, recommend the adoption of the followine: j : eo: Death baviny called from us our eminent professional brother, and distinguisbed fellow citizen, John L. Farrar, we deem it uppropriate to commemorate by publication and upon the records of the court our appreciation of his many-excellent qualities of head and heart, as well as of the many attainments that so well entitled him to the position he acquired and held as a lawyer.

John Mitchell

We tender to the bereaved widow and his other sorrowing relatives and friends our sincere sympathy in their bereavement. LyMaNn WALKER, JAMES M. Brown, JOHN MITCHELL, Committee. It will be impossible to give even a brief mention of the many attorneys who have tigured conspicuously from time te time before the Miami circuit court. Among the oldest and most prominent active attorneys at present may be mentioned James M. Brown, John Mitchell, Josiah Farrar, R. P. Effinger, H. P. Loveland, E. Tf. Keasoner. Chas. A. Cole, Wm. B. McClintic. N. N. Antrim, R. J. Loveland, Wm. C. Farrar, Jos. H. Larimer and Roscoe Kimple.

Legislation Affecting The Courts The Common Pleas Court

From 1814 until 1848 there were no common pleas courts in this state, but in 1848 one was established for Tippecanoe Couuty and soon after one for Marion County and afterward one for Jefferson County.

In 1852 the legislature established common pleas courts for every county in the state, and the counties were arranged in 43 districts. These courts were virtually probate courts. They also had concurrent jurisdiction with the circuit court in all cases except slander libel. actions for breach of marriage contract, or on official bonds or where the title to real estate was involved, and where the amountin controversy did not exceed $1000. The judge could practice law and received a salary of $300 to $800 per annum. This branch of the court was abolished in 1873, and all the business pending in this court was transferred to the circuit court.

Robert T. Groves was the first judge of the common pleas court in this county, which began in January, 1853. Samuel L. McFadin succeeded Judge Groves in 1857. Then followed Kline G. Shryock, November, 1860; D. D. Dykeman, November, 1862; T. C. Whitesides, July, 1865; James H. Carpenter, Noveniber, 1870; D. P. Baldwin, March, 1871; John Mitchell, December, 1872.

Probate Court

In 1831 a probate court was established for every county. Elections were held the first Monday in August for the election of officers of the court The assoviate judges of the circuit court were ex-officio judges of the probate court in the absence of the judge of that court. The clerk of the circuit court was also clerk of this court. The fitness of the candidate for judge had to be practice in all courts except his own and received as comperisation $3 per day while court was in session. 'I'he early records of this court were destroyed by fire, and the first of which we have any account was in May, 1843. Jonathan 'R. Smith was at uhat time judge. In November, 1848, he was succeeded by

Reuben C. Harrison, who remained as judge of that court until it was abolished in 1852. This court had juris.iction in nothing but probate matters.

When the probate court was abolished, its business was transferred to the circuit court. Hence it was necessary at the same time to redistrict the circuit court districts and increase their number. When the eommon pleas court was abolished in 1873 and the business of that court was thrown into the circuit court, it was again necessury to redistrict and increase the number of cirenit courts. From 1852 to 1859, Miami was a part of a cireuit composed of the eounties of Cass, Fz]ton. Wabash and Kosciusko. The salary of the judge was $1,000 per annum. Fron 185) t> 1373 the judivial circuit of which Misi County was a part was composed of the cuuaties of Carroll, Cass, Wabash, Huntington and Grant.

By the act of 1873, Miami and Wabash counties were united in acircuit. Four terms of five weeks each were held in each county in a year. In 1333 the legislature again redistricted the circuit courts and the vounties of Miami and Wabash each constituted a judicial circuit. At that time the court of this county was nearly two years bebind with its work. The docket at tbe close of the September term of 1895 was practically cleared.

I, John Upfold Pettit, Judge of the Mianie r-uit court, within and for siid cOinty and stute. do hureby devise and alopt tne following as the seal of the said court, to wit: To be of metal circular, in its disk upou the fice, of the exact dimensions of the impression thereof at the lower left hand corner of this page and so engraved upon its face as to mike the following impression in relief, viz: A dotted circle around and at its margin. just within, the words "Circuit Court Miami County Indiana," the word Indiana separated from the other words at both ends by four leaved ruses, sai2 words in Roman capital letter and in direction parallel with the exterior and interior dotted cirel: s. Just within said words a sevond dotted circle in the same direction and in the Open space within said circle a eight band holding '@ pen in the position of writing, the fingers 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 hereby declare the above and foreeoing to be a true discription thereof and to be henceforth the seal of the Miami circuit court.

Inasmuch as the practice of attorneys testifying in behalf of clients is in many cases of questionable propriety, calculated frequently to give occasion for unfriendly insinuations and grave charges of a criminal character, and generally to prejudice that good understanding which should everywhere prevail among the members of the legal profession, it is ordered that in the courts of the eleventh judical circuit the practice of attorneys testifying in behalf of their clients. at their own instance. or at the instance of co-counsel, will be regarded with great disfavor, unless when itis absolutely necessary to

Crimes And Misdemeanors

Miami County has been, no doubt, as free from crime as any other equal territory in the state. and yet within her borders were left many of the aborigives of the forest, who were strongly addicted to the habit of intemperance In the early history there were a great many misdemeanors of the law. and while there have been a number of murders committed in the courty. there have been no capital punishments. But one case of mob law has darkened and sullied the history of this county. About ten years ago a man by. the name of Christiancy, a foreigner who had lived in the county but a few years, while in a terrible state of intoxicancy, without any cause whatever, shot and killed the surgeon of tee Wabash hospital. a very promising young physician by the name of North. A mob was organized, secured the murderer and hanved him to one of the cross-pieces on top of the bridge at the foot of Broad way.

The misdemeanors of the law, as shown by the early records. consisted in assault and battery, betting, racing, larceny, trespass, violating the election laws. carrying concealed weapons, official negligence. forgery, perjury, keeping gaming houses, seliing liquors withont licznse and disturbing religious meetings. At an early day fights were very common, and as late as early in the seventies it was not remarkable to have two or three hard fights io Peru ou Saturday afternoons. Ths fizhting was mostly done between the whites and Indians, and was usually caused by intemperance.

The first verdict on record, imposing a penalty of imprisoment in the penitentiary, was in September, 1843. James M. Thompson was convicted of grand larceny and was sentenced to two yearsin the penitentiary at hard labor.

Two cases of murder were venued from Fulton County to this court in 1849. 'The parties t1icd were Mary Ann Rees and Jesse Washburn. Both were acquitted.

Caleb Faunce was found guilty of murder in the seconl degree at the September term, 1850. The verdict of the jury was: -'We, the jury, find the defendant guilty of voluntarily killing said Godfroy. as charged in said indictment, upon a sudden heat, without malice expressed or implied. and with deliberation and premeditation, and say and find that the said defendant is guilty of manslaughter, and that be be imprisoned in the state prison, to be there kept at hard labor for the term of two years." It now seems very strange that the penalty was so light for such a crime. A petition was soon after circulated asking for Faunce's pardon, and it was presented to Judge Biddle for his signature, but he refused.

In September. 1853, two men were sent to the penitentiary. James Williams was found guilty of grand larceny, sentenced to imprisonment fur two years, disfranchised for the same length of time and fined $40. Nathaniel Myers was convicted of forgery, was imprisoned two years and fined $100. In 1854 Nathan H. Kimball was tried for the killing of Cotomongna, an Indian, by shooting and striking him witha gun. John M. Harlan was the prosecutor and Biddle and Wilson were attorneys for the defendant. The jury fowad that Kimball acted in self-defense and was not guilty of murder. David R. P. Owens was tried for murder in 1855 and was acquitted. Abner Dillen was charged with the murder of Margaret Dillen on July 28, 1856, and at the March term, 1857, was found guilty and sentenced to state prison during life. In September, 1856, Harvey B. Colemaa was convicted of grand larceny, and his penaltv was tw» years' imprisonment and disfranchisement for five years. Wade Blackburn was sent to prison in April, 185), to serve one year for grand larceny.

Ta 1862 Alexander Blake was convicted of grand larceny and received a two years' sentence. John Sprinkle received two years for manslaughter.

In 1866 Tighlman Harmon aod John Fitzgerald were convicted of grand larceny and each sentenced to two years' imprisonment. Three men - John Hamilton, Albert Halt and Abraham Williams - were convicted of grand larceny in 1867 and each received two years. In 1863 Joha Smith was sentenced to two years' imprisonment in the penitentiary. At the September term, 1868, Charles Ager was charged with the murder of John Felzhalb, found guilty and sentenced to twenty-one years in the penitentiary. This case came from Huntington County.

In 1873 Charles Rathburn was indicted for murder. The case was venued to Wabash County. I 1874 Joseph Miller was sentenced to the state prison five years for grand larceny. For a like crime Frank Gahs was 3ent to the house of. correction. Walter Griffith was sentenced to prison one year for petty larceny, Sylvester Leach two years for grand larceny, Edward.Barry and George Dingman one year for obstructing a railroad train, Milton Buckley two years for larceny, Joseph Miller five years for grand larceny, Henry Schmidt three years for grand larceny and Henry Aholt three years for grand larceny.

In 1876 William Jones was sentenced to prison one year for petty larceny and Robert Miller two years. George W. Shinn was tried for murder and acquitted. August Nelp and Rudolph Wendland were charged with murdering w man and both were acquitted. In 1877 Joseph Molusk was acquitted of the crime of murder. Thomas Gardner was convicted of grand larceny and sentenced to imprisonment for two years. In 1878 Lewis Powers and Charles Love were each sent to prison for two years for grand larceny, John O'Brien for two years, Dennis Haines for one year and Robert Holman for four years; Lewis Cass three years for bigamy and Frank Lee one year for petty larceny.

Kight persons were sent to prison from this county in 1880. George Dailey plead guilty to the charge of grand lurceny and was sentenced to two years' imprisonment. Edward Benner received two years for petty larceny, Harvey Martin two years for grand larceny, James Elwood two years for grand larceny and Frank Peacock two years for gand larceny. Thomas Ward and Michael Earhart was convicted of burglary. The former was sentenced to imprisonment for two years and the latter for three years. Samuel Hinkle was convicted of the crime of assault and battery with intent to kill and was given seven years in the state's prison.

Julia Brooks was the first woman, of which we have any record, that was convicted of crime in this county. She was found guilty of the charge of grand larceny and was sentenced to two years' imprisonment in the Reformatory Institute, at Indianapolis, for women and girls. This was in 1880.

In 1882 James Ross was sent to prison two years for burglary. Chas. Lively was sentenced to prison for three years, John Kendlesparger for three years anf Joseph Miller for one year.

At the September term of court, 1883, Jacob Haber was found guilty of assault and battery, with attempt to commit rape, and was sentenced to four years' imprisonment; Frank Gahs, for grand larceny, two years; Robert Horman, grand larceny, one year, and John Boswell, petty larceny, one year.

In 1884 seven persons were convicted of crimes and were sentenced to imprisonment in the penitentiary. George W. Baker received three years for forgery, Charles Carroll two years for burglary, John Breckenridge at the reform school until twenty-one years old for burglary, Albert Radle one year, Charles Miller one year, George Barrett one year and James Maloney two years. In 1885 Frank Bigley was sentenced to prison for two years and Aaron Reil and Ezra Roberts for two years.

In 1886 Frank Gahs, for grand larceny, was sentenced to prison for fqur years; Andrew Johnson, for grand larceny, two years; Thomas Smith, for assault and battery with intent to kill, two years; Lawrence Icebrenner, for incest, two years; Thomas Ward, petty larceny, one year; Norvin Parks, burglary, two years, and William Cuol two years.

In 1887 Willard Herrell was indicted for the murder of Condo, of Clay township. The case was venued to Cass County and Herrell received a sentepce to seven years' imprisonment. William Bilby was indicted for murder and the case was venued to Wabash County. The records not being accessible, we do not know how this case was decided. Robert Miller received two years for involuntary murder; Harrison Speitel, for obtaining money under false pretenses, one year; James Brumfiel, for larceny, one year; John Boyer one year. This year the noted murder case of William Green, which was venued from Cass County, was tried in the Miami circuit court, and a jury convicted Green of the crime of killing Brumbaugh, and he was sentenced to prison for life.

In June, 1888, Adelbert Boyer was tried for murder. The case was venued to White County, and there he was sentenced to prison for life. This year there were five sent to the penitentiary from thiscounty. Abe Brown, for assault with intent to murder, received three years; Silas Mygrant, for petty larceny, one year; James Ross, burglary, two years; Cane Brooks, Edward Carroll and John Durken, for entering a house to commit felony and for larceny, each three years,

There has been no murder case in this county since 1888. A number of indictments, however, have been made charging assault and battery with intent to kill. 'Toe greater number of state cases have consisted in assault and battery, carrying concealed weapons, grand and petty larceny, arson, violation of the liquor laws, etc.

Prosecuting Attorneys

Thomas Johnson was the second to fill this office. prosecuting attorney at the time the court house was burned. Then followed Nathaniel McGuire in 1848; Wm. Potter John M. Wilson wus special prosecuting attorney in 1852; John Cc