Miami County, Indiana - Chapter 15: The Bench and the Bar, 1914

Chapter 15: The Bench and the Bar

Purpose of the Courts - Eighth Judiclvl, District - First Courts IN IVLlvmi County - Ch-uiacter of the Early Judges - The Courthouse Fire of 1843 - Wabash Bridge Case - Personal Mention OF Judges - Seal of the Circuit Court - Change in Courts by the Constitution of 1852 - Probate Court^Court of Common Pleas - Court op Conciliation - List op Judges and Prosecuting Attorneys - The Bar - Sketches op Old Time Lawyers - Bxr Association - Attorneys in 1914 - A Few Cases.

Robert Burns, in his cantata of the "Jolly Beggars." in which is represented a number of vagabond characters gathered at the house of "Poosie Nancy," makes one of the assembled guests sing a song with the following refrain, in which the company joins with great glee:

No doubt there are individuals in the present day who entertain opinions similar to those expressed by Burns' "Jolly Beggars," but the fact remains that the histoiy of civilization shows the enactment of just laws, their interpretation by an intelligent and unbiased judiciary, and their enforcement by a competent and courageous executive to be the bulwarks of human rights. Courts were not erected for cowards, but for the protection of life, liberty and property of all classes of citizens alike. It has been said that "the measure of a people's civilization can always be determined by the condition of its judiciary." Much has been said and written of the venality 6f courts and the trickery of lawyers. and unfortunately some of the charges have been true. But should all the courts and all the attonieys of a country be condemned because there have been a few cases of corrupt judges, or an occasional shyster or pettifogger in the legal fraternity? Who would think of denouncing the entire medical prof ession_ because of its quacks and empirics, or the public press of the uation because of a few instances of so-called "yellow" journalism ? Among the members of the bench and bar are found many of the most distinguished and patriotic men in the country's history. In the galaxy of great Americans what names shine with greater effulgence than those of Patrick Henry, John Marshall, Thomas Jetferson, James ^lonroe, Daniel Webster, Henry Claj', Abraham Lincoln and Salmon P. Chase?

In the very dawn of human progress the idea that there must be some rule for the protection of individual rights and some tribunal for the enforcement of that rule found a lodgment in the minds of the people. From that humble beginning can be traced, step by step, the development of civil government, the expansion of the courts and the greater reign of law. The old Hindoo laws of the Punjab, the Mosaic law, the Julian code of ancient Rome, each a slight advance over its predecessor in granting greater liberties to the people, paved the way for the ilagna Charta of Great Britain and the American Republic.

The transactions of the courts in any community make an important chapter in its histoi-y. Owing to the destruction of the early records of Miami county, the history of the first courts is much obscured. There is, in fact, a dilference of statement as to when the tirst session of th(' circuit court was held, some authorities placing it in August and others in September, 1834. When the county was organized in January of that year it was attached to the Eighth judicial district, which was composed of the counties of Cass, Miami, Wabash, Huntington, Allen, Lagrange, Elkhart, St. Joseph and Laporte. At that time the circuit court consisted of a president judge, elected by the legislature, and two associate judges in each county, elected by the people of that county. Gustavus Everts, of Laporte county, was the president judge of the first circuit court ever held in Miami county and th(> associate judges were Stephen S. Shanks and. Jacob Wilkinson.

Judge Everts was a man of fine address and a lawyer of considerable tact, altliough not profoundly learned in the law. Judge Biddle, who knew him well, says he was "extremely a.stute in the management of witnesses," and that "In eases 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 attempti-d to convince the understanding."

The first session of the circuit court was held in Miamisport. Samuel C. Sample was the prosecuting attorne.y; Benjamin H. Scott, clerk; Jacob Linzee, sheriff, and James Petty, court bailiff. There is a difference of opinion a.s to both the time and place of holding the second session of the court. Graham says it was convened in March,

1835, at Tarkington's tavern, at the northeast eorner of Main and iliami streets, and Stephens (p. 157) says it was held in February, 1835, "at the home of Dr. James T. Liston, who kept a tavern on Second street, just back of where the National hotel now stands." At any rate it was held iu the town of Peru, instead of IMianiisport. by the same judge and court officers as the fii'st session.

In September, 1835, the third term of the circuit coui-t was hrhl at the tavern of Hugh A. B. Peoples - a two-story log house on East Second street. Concerning this session Graham says: "The room in which the term of 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."

Judge Everts was succeeded by Samuel C. Sample, who had previ ously held the olifice of prosecuting attorney. Judge Sample has been described as a man of no extraordinary ability, but a plain, practical man guided as much by the dictates of common sense as by the technicalities of the law. "At the bar and as president judge of the circuit courts, he stood high among the most efficient and able practitioners, and was one of the purest judges that has graced the bench." He held but one term of court in Miami county, and that was in the fall of 1836. After that he represented the district in congress, where he ac((uired a reputation for being an active, conscientious worker in behalf of his constituents.

By the act of February 4. 1836, the counties of Porter, Marshall, Fulton, Kosciusko, Adams and Noble were added to the Eighth judicial district. As thus increased, the district included the whole northeastern part of the state and was an unusually large judicial circuit, even for that day. After Judge Sample retired from the bench he was succeeded by Charles W. Ewing, who served as judge until the summer of 1839. Judge Ewing was a brilliant orator, a lawyer of superior ability and one who stood high in the profession wherever he was known. James E. Fulwiler used to say that he was one of the most polished gentlemen of his day. He never had studied grammar, yet his language was pure and his diction almost perfect - a qualification that came to him through his custom of reading only the best authors. The last session of the Miami circuit court held by Judge Ewing was in the month of March, 1839. Soon after that he became dissipated in his

Henry Chase, of Lopansport, was appointed judge of the Eighth district by Governor AVallaee on August 20, 1839, to fill the vacancy caused by the resignation of Judge Ewing. He has been described as "a close and ready pleader, seldom or never asking for time to prepare Ills papers; had a clear, logical mind and great force of character. As a .judge he was dignified, self-reliant and unequivocal, making no jnistjikes in tlie enunciation of his decisions: his style brief yet exhaustive." He served on the liench but a few months, as the legislature which convened in December, 1839, elected John W. Wright president .iudge of the Eighth circuit and also added Carroll county to the ilistrict.

Judge Wright served the full term of seven years. While he wa.s on the bench the iliami county court-house wa.s t)uilt, but it had hardly been completed and accepted by the county commissioners when it was destroyed by fire on ]\lareh 16, 1843. To relieve the citizens of the county from the inconvenience resulting from the destruction of the records, the legislature of 1843-44 passed the following act:

"Whereas, IMaiiy persons are affected by the destruction aforesaid: "Section J. Br it Enartnl bif tlif General Assonlilij of the Stah of Indiana, That for perpetuating the testimony of, or relating to any judgments, orders, decrees, oi- other pi-oceedings of the probate or circuit courts of the County of ]\liaTni, had previous to the destruction of the records thereof, and for the purpose of perpetuating testimony concerning, of, or relating to, any patents, deeds, mortgages, bills of sale, wills, inventories, powers of attorney, or other instruments of writing of record in tlie 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, powei- of attoi'iiey, inventory, oi' other instrument in writing by any person who may wish to have such testimony perpetuated."

fire. The autheiitie history of the Miami circuit court therefore begins with the September term in 1843. It was held in the Presbyterian church, beginning on Monday, September 11, 1843, with John W. AYright as president judge; Albert Cole and George S. Fenimore, associate judges. Benjamin H. Scott was clerk; John A. Graham, sheriff; and Spier S. Tipton, prosecuting attorney. Stephens' History of Miami County (p. 160) says:

"The juries for tliis term of court were drawn on June 7, 1843. The grand jury was composed of the following named pereons: Jacob Flora, Benjamin. I. Cady, Enos Baldwin, William Jones, Thomas Black, James S. Sayers, Eli Cook, Jonathan Bishop, Willis Bunch, Nathan Raines, Matthew Murden, Reuben C. Harris, Samuel Drake, Stephen Bradley, Samuel Fisher, Josephus Austin, Edward H. Bruce, William Donaldson.

"The petit jury was as follows: Samuel Guyer, Eli Flora, Washington Abbott, Henry Bish, James Furs, James Beard, Robert James, Charles Cole, William Bish, R. F. Donaldson, George Wilson, Chandler C. ]\Ioore, Benjamin Griffith, Isaac Deeter, Samuel Adamsou, William Bane, Jacob Peer, Robert Parks, Elias Bills, Warren A. Sabring, Joseph Cox, Benjamin Graft, Nathaniel Leonard and John Conner."

It will be noticed that in the above lists are given the names of eighteen persons as grand jurors and twenty-four as petit jurors. As a jury could consist of oidy twelve men, the lists include the names of those selected for jury service and from those mentioned twelve were drawn for actual duly as the regular panels of the grand and petit juries.

The most important ease to come before this session of the court was that of the Peru Bridge Company vs. Richard L. Britton, et al. It was the outgrowth of a movement across the Wabash river at the foot of Broadway and came before the court in the form of a petition for assessment of damages. The petition was presented by the heirs of Francis Godfroy through their attorney, and asked "That a jury of twelve fit persons meet on the fourth Monday in October, 1843, to 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 thei-ein to- the interests of both parties and to appraise the same according to its true value, to examine the lands above and beloM-, the property of others, which may probably overflow, and say what damage it will be to the several proprietors, and wlictluT tlif inaiisioii house of such proprictoi's, or tlie offices Miui gardens thereunto iiniiicdiately hehjiigiiig, will lie overflowed, to inquire whether in what degree fish of i)assage and ordinary navigation will be obstructed, whether by any or what means such obstruction may l)e prevented, and whether in their opinion the health ol' the neighhoi-hood will be annoyed liy the stagnation of the wati-rs."

A jury, or eommi.ssion. was accortlingly appointi-d hy the court to view the site of the proposed bridge and the ad.joining property and report at the next tei-ni of court. The i-eport of the ,iury was presented to the court at the I\Iarcli term in 1844 and set forth: "That it will be of no damage to the mansion houses of none of the several proprietors along the river, nor the offices or gardens thereunto immediately belonging, will be overflowed by the erection of said liridge, nor the abutiiieiits. toll house nor causeways thereof: and it a|ipearing further to the satisfaction of the jury that ordinary navigation or fish of passage will not thereby be obstructed, and that the health of the neighborhood will not be annoyed by the stagnation of water occasioned by the construction of said bridge, abutments, toll house and causeways," etc.

Upon the presentation of this re]>ort the court ordered that the bridge be i-onstructed. After a lapse of seventy years, during which time every stream in Indiana has been bridged at the crossing of the principle highwa.ys, it is interesting to note the opposition to the construction of the first bridge across the Waliash river at Peru. John Bush, who is credited with having been the first resident lawyer of Miami county, was one of the leaders of that opposition. Bush had paid the county connnissioners a license fee for the privilege of operating a ferry across the W;diash. and claimed that his license gave him a vested" right, which would be seriously interfered with by the building of the liridge. Of course, he was actuated by a selfish motive, but this did not ])revent him from instituting proceedings to prevent the erection of the liridge. In this action he was sustained by the proprii^tors of the town, strange as it may seem, and after the circuit coui't decide(l in favor of the bridge Bush appealed to the supremi* court of Indiana, whiili sustained the decision of the lower court. The litigation over this bridge was one of the most jirotracted cases in the early annals of the circuit court.

At this term (March, 1844,) John A. Graham. William World. .leremiah Shall'ei'. Daniel Gloucester and Jacob St roup wei-e arraignetl for disobeying the orders of the court and each was fined one dollai' for contempt. Several state cases were disposed of, among them two for betting, two for perjury, one foi- violation of the estray law, a few for trespass, and a slaudei- case was also heard and decided. Isaac and Moses Falk, from Germany, and James Maloney, a subject of Great Britain, declared their intention to Ijecame citizens of the United States and were given their naturalization papers, the first issued in Miami «oiint^' lu March, 1847, Horace P. Riddle succeeded Judge AVriglit upon the bench. Judge Biddle was of a literary turn of mind and was the author of a number of books, including a collection of poems. He is described by General John Coburn, in his History of the Indiana Supreme Court, as "a small, wiry, active, pale-faced, nervous man, with dark eyes and lofty forehead, scholarly appearance and retiring habits, but a most genial companion to his friends. A keen and active practitioner, putting his points with great clearness and force ; he was a formidable advocate 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 jurj' or to the court."'

Judge Biddle served until 1852, when he resigned and the same year was elected a senatorial delegate to the state constitutional convention, of which he was one of the most active and distinguished members. Upon his resignation Robert H. Milroy, of Carroll county, was appointed to fill the vacancy. Judge Milroy was "a lawyer of considerable ability, 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." He is better known in history, however, as a soldier. In early life he attended a military school at Norwich, Vermont, and at the beginning of the Mexican war raised a company, of which he was made captain, and served until the end of the conflict. At the outbreak of the Civil war in 1861, he organized several companies for the three months' service and entered the army as colonel of the Ninth Indiana Infantry. His skill as a military man led to his promotion to brigadier, and finally to major-general. While on the bench he held but one term of court in Miami county, John U. Pettit, of Wabash county, having been elected the first judge of the circuit under the new constitution.

Judge Pettit had previously served in the Indiana legislature and as United States consul at Rio Janeiro, Brazil. He was a man of fine accomplishments, master of the English language, well informed on a nuiltitude of subjects and a lawyer of more than ordinary ability and resources. He remained on the bench but a short time, resigning to enter congress in the fall of 1853. He served four consecutive terms in congress, having been three times elected as a Democrat and once as

The first term of the circuit court in Miami county under the present state constitution was convened on March 14. 1853, with Judge I'ettit on the bench; John Conncll, prosccntiiij"; attorney; James H. Fulwiler, clerk, and Jonas Hoover, sheriff. Very little business of importance came before the court at this session, but at the September term following the seal of the circuit court of Miami county was adopted, the order for which was as follows:

"I, John Upfold Pettit, Judge of the Miami Circuit Court, within and for said county and state, do hereby devise and adopt the following as the seal of said court, to wit : To be of metal, circular in its disk upon the face, of the exact dimensions of the impression thereof at the lower left hand corner of this page and so engraved ujxju its face as to make 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 tlie other words at both ends In- four leaved loses, said words in Roman capital letter and in direction parallel with the exterior and interior dotted circles. Just within said words a second dotted circle in the same direction and in the open space within said circle a right hand holding a pen in the position of writing, the fingers directed to the left, a true impression of which said seal, I certifj* the foregoing impression to be and leaving so devised the same, I hereby declare the above and foregoing to be a true description thereof and to be henceforth the seal of the Jliami Circuit Court.

When Judge Pettit left the bench to enter Congress. (Jovernor Wright ajtpointed John Browulee, of Grant county, which had in the meantime been added to the district, to the vaeane.v. Judge Browulee held but one term of court in Miami county during his appointment, and timt was in March, 1854, John IM. Wallace, also of Grant county, being elected in the fall of that .year to fill out the unexpired term of Judge i'ettit. He was a man of fine address, affable manners, a fairly good lawyer and a conscientious, impartial jurist. He first presided at the Miami circuit court in March, 1855, at which time Isaiah M. Harlan was prosecuting attorney and Hiram Moore was sheriff. At the September term following John Wertz was sheriff and Alexander

Blake had succeeded James 13. Fulwiler as clerk. Judge AVallaee coutinued on the bench until 1860, his last term in Jliami county having been held in October of that year, and during the greater part of that term Judge Brownlee presided by appointment. W. S. Beuham was then prosecuting attoi-ney ; Alexander Blake, clerk : and O. H. P. Macy, sheriff.

One of the mo.st important criminal cases in the early history of the jMiami circuit court came up for trial during the administration of Judge Wallace. That was the case of the State of Indiana vs. Abner Dillon, for murder, which was tried at the Llarch term in 1857. The indictment charged Dillon with having killed his wife by beating her with a shovel. The testimony showed him to have been guilty of unusual cruelty to her on numerous occasions and the jury found a verdict of guilty of murder in the first degree. He was sentenced to the penitentiary for life, but appealed to the supreme court, where the action of the circuit court was sustained, the supreme court declaring that the jurj' had shown Dillon all the leniency to which he was entitled.

In the fall of 1860, Horace P. Biddle was elected judge of the Eleventh district, which was then composed of the counties of Carroll, Cass, Miami, Grant, Wabash and Huntington. He assumed his duties upon the bench in April, 1861, and continued upon the bench until 1872, when he was succeeded by John U. Pettit, who served the full term of six years.

Judge Pettit was succeeded by LJ^nan Walker, who was the first resident of ]\Iiarai county to occupy the position of circuit judge. Judge Walker was born at Peacham, Vermont, January 26, 1837. Shortly after his birth his parents removed to Thetford, Vermont, where he received his earlj' educational training in the public schools and the Thetford Academy. In 1854 he entered Dartmouth College and was a student there for two years, when he changed to Middlebury College and was there graduated with the class of 1856. He then taught school for two years, at the end of which time he began the study of law with Cruss & Topliff at Manchester. New Hampshire. Early in the year 1861 he came to Peru and the following fall took charge of the public schools, establishing the first graded school in the city. About a year later he formed a partnership with Harvey J. Shirk for the practice of law. After two years he went to Cincinnati, Ohio, and practiced there until after the war, when he returned to Peru. In 1878 he was elected judge of the Twentj^-seventh judicial circuit and assumed the duties of the office the following year. Judge Walker was above the average man in height and physique, a fluent speaker and had a great influence upon a jury. After serving one term upon the bench he coiitiinu'd ill the practice of his professinn a1 1'itu unlil his death, whieli oceun-ed on ]Man-h 5, 18i)4. The meiuhers of tlie l)ar in the counties of Miami, Grant, AVabash, Fulton and Huntington all adopted resolutions of sympathy anil respect upon the occasion of his death, which resolutions were entered upon the i-ecords of the court.

At tile fail election in 1884 J. D. Connor, of Wabash county, was elected circuit juilge, the district being- then composed of the counties of "Wabash and I\Iiami, under the provisions of an act passed by the legislature of 1873. and was known as tiie Twenty -seventh judicial circuit. Judge Connor wa.s an able lawyer and made a good judge, but he was not pei-mitted to serve out iiis term, so far as Miami county was concerned. The legislature of 1889 redistricted the state for judicial purposes, Miami county being made a circuit by itself, and as Judge Connor's home was in Wabash county the governor appointed James M. Brown judge of the newly established Miami circuit court.

Judge Brown was born in Union county, Indiana, Octolier IG, 1826. He was reai-ed on a farm and received his elementary education in the common schools, after which he attended the Beech Grove Academy. During the ne.\t few years he taught school and studied law as opportunity offered, finally entering the office of Nelson Troisier, at Connersville, where he completed his studies and was admitted to the bar in 1854. In the fall of 1855 he removed to Peru, where he formed a partnership with Orris Blake. This association was dissolved after a few years and from 1859 to 1862 he was in partnership with James N. Tyner. Judge Brown served four terms as maj'or of Peru before the city government was established, was city engineer for a time, a member of the school board, two years in the city council, and was associate editor of the Peru Republican for about three years. He was an able lawyer and made a good judge. His death occurred a few years after he retired from the Iieneh.

In November, 1890, Jabez T. Cox was elected to succeed Judge Brown. He was born in Clinton eount.v, Indiana, in 1840, was educated at the Westfield Academy, read law with N. R. Overman, of Tipton, and was admitted to the bar in Tipton county. After practicing for about two years he liecame editor of the Frankfort Crescent and conducted that paper for about two years, when he returned to Tipton and resumed his profession in partnership with hi.s old i)receptor. In 1875 he removed to Kansas, where he was nominated for attorney-general by the Democratic state convention in 1878, but was defeated, although he ran more than three thousand votes ahead of his ticket. He returned to Indiana in 1883 and located at Peru; was elected to the legislature in 1886 and circuit judge in 1890, as already stated ; was reelected judge in lyUti and served two full terms. He is still engaged in practice in Peru as the senior member of the law tirm of Cox & Andrews.

In 1902 Joseph X. Tillett was elected the successor of Judge Cox. He is a native of Jliami county and a member of one of its best known families. He was admitted to the bar in September, 1890. Before being elected to the bench he had served as pi-osecuting attorney. His administration during his first term was evidently satisfactory to the people of the county, as he was reelected in 1908 for a second term of six years.

Such in brief is the history of the circuit court in Miami county and the cliaracter of the men who have presided over its transactions. The courts of the state underwent a rather radical change liy the adoption of the new constitution in 1852, when the oiSce of associate judge was abolished. As a matter of fact, this office was more for show than for actual utility. They were residents of the county and most frequently had a limited knowledge of the law, hence their decisions were nearly always in harmony with those of the president judge. John A. Gi-aham, in his History of Miami County, comments upon the associate judges, in a somewhat sarcastic vein, as follows:

"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 gave 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 the associates sacrificed their own convictions of law^ in concurring so uniformly with 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 ciphers, and of supplying their places by wooden men.

Another change that came to the courts under the new constitution was the simplifying of the code of practice and the elimination of many of the old common law methods, wath their long and tedious forms. At first, some of the older lawyers were inclined to resent the introduction of the new code. They had studied the conunon law methods, were thoroughly imbued with their principles, were reluctant to abandon them for what they regarded an experiment. So pronounced was this opposition that some of the old timers gave up their practice altogether, rather than to adapt themselves to the new-fangled notions. But as time went on the justice of the new system grew in

{)opularity and those of the older attorneys wlio continued in practice admitted that there was ""sonie improvement at least over the old way. ' '

In 1831 the legislature passed an act providing for the establishment of a probate court in each county of the state. This court had jurisdiction in nothing but probate matters. Uuder the provisious of the law the probate judge was elected on the Hrst Monday in August and w-as to receive a salary of three dollars per day while his court was iu session. In the absence of the regular probate judge the associate judges of the circuit court were judges ex-officio of the probate court. The probate judge could practice law in all the courts of the state except his own and the clerk of the circuit court was also clerk of the pi-obate court. Another provision of the law was that the qualifications of a candidate for probate judge had to be certified to by either a judge of the supreme or circuit court.

This law was passed three years before the organization of Miami county. A probate court was established in the county soon after its organization, but the early records of its acts were destroyed by the courthouse fire in 1848, and the names of the judges prior to that time have been lost. Jonathan R. Smith was probate judge in May, 1843 - the first session of the court of which there is any authentic account - and he continued in ofifiee until the fall of 1848, when he was succeeded by Reuben C. Harrison. Judge Harrison served as probate judge until the office was abolished by the constitution of 1852 and its business transferred to the

The first common pleas courts in Indiana were established in 1848, in the counties of Jefferson, Marion and Tippecanoe. Upon the adoption of the new constitution in 1852 eom.mon pleas courts were established in every county of the state and were given exclusive jurisdiction of probate matters. They likewise had concurrent jurisdiction with the circuit court in all actions except those for slander, libel, breach of marriage contract, on official bonds of public officers, where title to real estate was involved, or where the sum in controversy did not exceed .$1,000. In criminal cases the court had jurisdiction of all offenses less than felony, except those over which justices of the peace had exclusive jurisdiction, and under certain prescribed restrictions the common pleas court might hear and decide cases of felony. It also

Judges of the common pleas courts received salaries ranging from $300 to $800 per annum. They could practice law in all the courts of the state except their own. When the common pleas court was first established appeals could be taken from it to the circuit court, but this privilege was afterward abolished, though appeals could he taken to the supreme court of the state. The clerk and sheriff of the county performed their respective duties for the court of connnon pleas the same as for the circuit court. From time to time the jurisdiction of the court was extended and by the act of June 11, 1852, the judge was made e.r-officio judge of the "court of conciliation." This court had jurisdiction in actions for libel, slander, malicious prosecution, false imprisonment and assault and batterj-, but its power extended only to effecting a reconciliation or compromise between the litigants. In such cases no attorney was permitted to appear for his client, but the plaintiff and defendant were given a private hearing by tlie court. After each had stated his side of the case at issue the judge explained the law. "in such cases made and provided," and very often effected a reconciliation or compromise without the delay and expense of a trial in open court. In cases where the rights of minors were involved, appearance was made by a parent or guardian, and in the case of a female by her husband or next friend. The court of conciliation was abolished in 1867.

The first session of the common pleas court in iliami county was held in January, 1853, with Robert F. Groves as judge. After that the eonnnon pleas judges, with the time each entered upon his official duties, were as follows : Samuel L. McFadin, January, 1857 ; Kline 6. Shryoek, November, I860; D. D. Dykeman. November, 1862; T. C. Whiteside, Jul.y, 1865 ; James H. Carpenter, November, 1870 ; Daniel P. Baldwin, March, 1871 ; John Mitchell, December, 1872. Early in the year 1873 the common pleas court was abolished by an act of the legislature, the last session in Miami county being held in March of that year. All cases pending in the court were transferred to the circuit court for final adjudication.

A list of. the probate and common pleas judges has already been given in connection with the history of those courts. Following is a list of the judicial officials of Miami county since its organization, or of the district of which Miami county was a part, with the year in which each was elected or entered upon the duties of his office.

Wright (elected), 1839; Horace P. Biddle, 1847; Robert H. Milroy, 1852; John U. Pettit, 1853; John Hrowulee, 1854; John W. Wallace, 1855; Horace P. Biddle, I860; Dudley PI. Chase, 1872 (Judge Chase was a resident of Cass county and when the legislature of 1873 redistrieted the state Cass was thrown in another district, leaving Miami county without a circuit judge) ; John U. Pettit (appointed for Wabash and Miami), 1873; Lyman Walker, 1878; J. D. Connor, 1889; James M. lirovni (appointed), 1889; Jabez T. Cox, 1890: Joseph N. TiJlett, 1902.

Assocuitc Judges - Jacob Wilkinson and Stephen S. Shanks, 1834; George S. Fenimore, 1836; Albert Cole, 1841; Daniel Potter, 1848. The office of associate judge was abolished in 1852.

Along with many other institutions of the "good old times" the pioneer lawyer has gone, never to return. When ]\iiami county was organized there was not a resid(>nt attorney within her borders. The lawyers of that day rode tlic circuit with the judge and practiced in all, or nearly all. the counties of tlie judicial district. Each carried his library - a few standard text-books on law, with jin occasional volume of reports - in a pair of saddle-bags thrown across his liorsc behind him and they were always accommodating enough to lend l)Ooks to eacii other. In those days there were no steam heated hotels in the count}' st-ats and after the court adjourned for the day the judge and the lawyers would gather in front of a Inige tireplace in the log tavern, where they could chew tobacco, spit in the fire, review cases in which they had participated, and "swap yarns" until it was time to retire. But next morning the sociability ceased. The judge resumed his dignity when he took his seat upon the bench and the lawyers buckled on their armor for the fray. Perhaps some lawyers of the present day, (juartered in modem office buildings, with a well selected library of legal authorities, with a stenographer to take briefs from dictation and transcribe them on a typewriter, with a telephone at his elbow, may show an inclination to sneer at the old time lawyer, but it must be remembered that "there were giants in those days." As the student of Indiana historj- looks back over the pages of the past he sees the names of early lawj^ers who helped to lay the foundation of the state's institutions, and of jurists whose opinions are still quoted by the courts as the very quintessence of legal authority.

Among the early attorneys who practiced^ in Miami county were David H. Colerick, Charles Ewing and Henry Cooper, of Fort Wayne ; Benjamin Hurst, Heni-y Chase, John W. and Williamson Wright, of Logansport. John Bush is credited with having been the first resident attorney in the county. Little is kno^vn of him beyond the fact that he purchased the ferry across the Wabash river and operated it in connection witli his law practice. To protect his interest in this matter he was one of the leading opponents to the proposition to build a bridge over the river, as already mentioned. A complete list of attorneys prior to 1843 cannot be obtained. At the September term in 1843 the following lawyers were admitted to pi'aetice in the Miami circuit court: Daniel D. Pratt, Horace P. Biddle. William Z. Stewart, Ebenezer P. Loveland. Alphonso A. Cole, Nathan O. Ross, Spier S. Tipton and M. W. Seely. Most of these men had been admitted to practice some years before that date, but then, for the first time, their names appear upon the records as attorneys at the Miami county bar. Of these gentlemen Loveland, Cole, Ross and Seely were residents of Miami county.

E. P. Loveland was born at West Rutland, Vermont, November 25, 1817. Ten years later his parents removed to Granville, Ohio, where he received his early education in the public schools. After the death of his father in 1833 he taught school, studying law in his spare time, and then entered a law office at Richmond, Indiana, where he completed his legal education. In 1840 he came to Miami county and began the practice of his profession in Peru. For a time he was the senior partner of the law firm of Loveland & Beal and later was a.ssociated with Nathan 0. Ross, in the firm of Loveland & Ross, which was regarded as one of the leading law firms of the county. In 1856 he founded the Peru Bepuilicwti and from 1863 to 1867 was assistant paymaster of the Indiana Legion. He was vice-president of the company that built the railroad between Peru and Laporte and was one of the prime movers in liriii|:;iiij:' the Howe Sewing Marliinc Works to Peru. When that factory liuriicil on February 10, 1871, Mi-. Lovelaud lost his life by being erushcd by falling debris while trying to save the liuiidiiig from destruetion. The members of the bar met and passed resolutions of sympathy and condolence, one of which declared: "That by this dreaded visitation our county has lost a worthy citizen and the l)ar a member who had the ability to have achieved its highest honors." Two of Mr. Loveland's sons - Hood !'. and Robert J. - are now members of the Miami county bar.

Alphonso A. Cole was born at Zanesville, Oliio, December 25, 1818, a son of Judge Albert and ilary (Galpin) Cole. His paternal grandfather was Captain Stephen Cole, a Revolutionary soldier, who lived at Farmiiifrton, Herlin and Kensington, Connecticut, from 1745 to 1801. In 18:i4 Alphonso A. Cole came with his father to Peru. He studied civil cngincci-ing and he began his business career as an assistant engineer on the Wabash & Erie canal before ho was of age. Later he studied law and was admitted to jiracticc at the Miami county bai-. In February, 1845, he formed a partnership with Merrilt \V. Seely, under the firm name of Cole & Seely. Afterward he was at different times associated with Edward T. Dickey, in tlie firm of Cole & Dieke.v, and with Daniel T). Pratt, in the firm of Pratt & Cole. From 1847 to 1851 he represented Miami county in the lower house of the Indiana legislatui'e. On Decemi)er 25, 1850, he married Miss Sarah, daughter of Dr. Denjiimin and Rachel (Stinson) Henton. In the fall of 1854. on account of failing health, he removed to his farm "Fountainglen," three miles nortliwest of Peru, where lie contiimed to reside until his death on August 2. 1862. He left a widow and tliree sons - Richard II.. Charles A. and James Omar Cole, Jr. The mother of these sons died on ^larch 1, 1906, and James O. Cole, Jr., died in 1881.

Nathan O. Ross was an able and successful advocate, a diligent student of the law in all its phases and a safe coun.selor. He was not a brilliant orator, but wiiat he said had weight with courts and juries because of his high standing and reputation as a lawyer. During the later years of his practice he was the attorney for the Pan Handle Railniad and spent most of his time in Logansport.

Among the lawyers admitted in 1845 wa.s John M. Wilson, who later became one of the most noted criminal lawyers of the Wabash valley. He had scarcely established idmself in the practice of his profession at Peru when the Jlexican war began and he raised a company for service in that conflict. As captain of the company he made a good military record, after which he resumed his law practice until the beginning of tie- war of ISGl, when he again forsook the forum for the field and rose to the rank of colonel. He then praetieed law until a short time before his death in April. 1876. At the time of his death. Judge John U. Pettit, who knew him well, paid him this tribute: "In many respects Colonel Wilson was a remarkable man. To his last he had the warmth and cheeriness 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 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."

In March, 1856, Josiah and John L. Farrar were admitted to practice in the circuit court of Miami county and both became leading members of the bar. They were brothers, born in Jefferson county. New York, and came with the family to Miami county in 1847. John read law with Charles E. Stuart, of Kalamazoo, Michigan, and Josiah studied for awhile with H. J. Shirk, of Peru, after which he returned to New York and completed his legal studies in the city of Rochester. The brothers then formed a partnership and engaged in practice in Peru. John achieved a wide reputation as criminal lawyer and was a public speaker of great force and eloquence. Josiah entei'ed the Union army in 1862 a.s captain of Company D, Ninety-ninth Indiana Infantry, and was mustered out at the close of the war as colonel of the regiment. His son, William C. Farrar, is still a practicing attorney of Peru.

James N. Tyner was admitted to the Miami county bar about the beginning of the year 1860. He was born in Franklin county, Indiana, January 17, 1826. His mother was a sister of Noah Noble, governor of Indiana, and James Noble, one of the early United States senators from this state. Mr. Tyner was educated at the Brookville Academy, after which he went to Cambridge City, Indiana, and engaged in mercantile pursuits. In June, 18.51, he located in Peru, where he was admitted to the bar and formed a partnership with James M. Brown, under the firm name of Brown & Tyner. In 1856 he was the Republican candidate for representative in the state legislature, but was defeated by a small majority. From that year to 1862 he served at each legislative session as one of the secretaries of the senate, when he was appointed special agent of the postoffice department, in charge of the postal service in Indiana and Illinois. He was removed in 1866 by order of President Johnson and two years later was elected to rep- resent his district in Conu^ress. After serving three terms in Congress he was appointed second assistant postiiiastcr-seneral by President Grant, in whieii position he had full charge of all mail contracts of the United States. Ui)on the retirement of Mr. Jewell, Mr. Tyner became postmaster-general, serving in that position from July, 1876, to Jlarch, 1877. when Grant's administration came to a close. Under President Hayes' administration he held the position of first-assistant postmastergeneral, where 111' had full control of the appointments in the postal service in the northern and border states. After retiring from the postoffice department he located at Washington, D. C, where he died on December 5, 1904.

John ilitchell, the last judge of the common pleas court in Jliami county, was a native of Bristol, England, where he was born September 24, 1829. lie came with his parents to the United States in 1833 and ten years later the family settled in Peru. After attending the public schools, lie went to an academy at Cambridge City and there finished his schooling. He then learned the tailor's trade and while working at that occupation studied law with Alphonso A. Cole. In 1861 he was elected justice of the peace and in December, 1863, was admitted to the bar. Soon after that he formed a partnership with Harvey J. Shirk and engaged in active practice. In the fall of 1872 he was elected judge of the court of common pleas, but that tribimal was abolished by the legislature which met in the succeeding January. Judge Mitchell then resumed the practice of his profession. Although not a brilliant man. Judge Mitchell was a logical and convincing speaker and had the reputation of being a safe counselor.

Harvey J. Shirk, mentioned above as the partner of Judge JMitchell, was born in Franklin county, Indiana, January 20, 1826. It is a coincidence that two men destined to occupy prominent positions in the Miami county bar should have been born in the same county, within three days of each other, as Mr. Shirk's birth occurred three days after that of James \. Tyner, and in the same locality. In 1846 Mr. Shirk graduated at Oxford College, Ohio, and soon afterward took up the study of law in the office of John D. Howland, of Brookville. In the fall of 1849 he was admitted to the bar and the next year located at Peru, where he soon established a lucrative practice. In 1865 the firm of Shirk & Mitchell was formed and, with the exception of the short time I\Ir. Mitchell served as judge of the court of common pleas, this association lasted for nuiiiy years, or until a short time before Mr. Shirk's death in September, 1889.

admitted in 18-15 ; Isaac Hartinan, 1819 ; E. P. Dickey and ^leredith H. Kidd, 1851; R. P. Bffinger, John M. Connell and Daniel M. Cox, 1853; John R. Coft'roth, James M. Talbott and John M. Washburn, 1859; J. M. Robinson, Calvin Cowgill and S. W. Robertson, I860; W. W. Sullivan and A. B. Charpie, 1867 ; Henry T. Underwood and Alexander Hess, 1869.

Two members of the Miami county bar - one dead and the other living - are deserving of more than passing mention. R. P. Efftiiger, who died some ten or twelve years ago, is remembered as one of the most finished orators of the Wabash valley. His persuasive eloquence has thrilled many a court-room audience and influenced the jury. William E. ilowbray, who has practiced law in Peru for more than a quarter of a century, is the oldest living member of the bar and is no doubt entitled to the honorary designation of "dean of the Miami county bar."

The Miami County Bar Association was organized in 1904. with Walter C. Bailey as president and Edgar P. Kling as secretary. These officers have held their respective positions ever since the organization of the association. Some attempts have been made before 1904 to form a bar association, l)ut they accomplished nothing of a permanent character. The association as at present organized has no regular time of meeting and is rarely called together, except upon the occasion of the death of one of the members. Soon after the organization was effected a minimum fee bill was adopted, fixing certain charges for spi'cified services, and for several yeare the association gave annual picnics, when the members would join in a fishing excursion to Lake Manitou at Rochester, but in recent years these picnics have been abandoned. Every lawyer who practices in the Miami circuit court and is a resident of the county is considered a member of the association. A list of these attorneys, taken from recent court calendars, is as follows :

During the entire eighty years of Miami county's existence as a separate political organization, very few trials have occurred in the county tliat attracted wide-spread attention. Soon after the county was organized a man named Martin Wilhidm settled in Butler township. His daUiditer began to receive the attentions of a young man named IJllery, a proceeding to which her fathei- ol)jected, and he forbade the yotuig man to enter the house. Shortly after tliis preemptory order was issued the father discovered his daughter and young Ullery talking together one evening near the house. Enraged to think that his daughter would di.sobey his conuiiands, he stepped out into the yard and fired a shot which killed THlery almost instantly. A son, William \Vilhelm, hearing the shot, also ran out of the house and fired his pistol, but, as he afterward claimed, at random. The father and son then carried the body to the Mississinewa river and sank it in the stream, securely fastening it, as they supposed, to the bottom. Some weeks later a traveler, while crossing the river on horseback at a ford some distance below, was surprised to see the body of a man drift against his horse's legs while the animal was drinking. The corpse was identified as that of Ullery and Wilhelm and his son w-ere arrested upon the charge of murder. Their trial was the first murder case to come before the ]Miami circuit court. It was held in the Presbyterian church, where the sessions of the court were held for several years after tlie burning of the coui't-house, and the room was crowded during the entire hearing of the case. Both i'athei- and son were found guilty and were sentenced to the ])eintcntiai'y, the latter receiving much the longer term. The did man served his term and returned to his farm in Butler townslii[i. Just before his death, some time after his release from prison, he confessed that he was guilty of the death of Ullery and his son was permitted to go free. Jonathan Johnson bought the Wiliielm farm and when tearing down the old cabin found moulds for making counterfeit coins, indicating that the old man Wilhelm had been engaged in other violations of law.

Tlie first penitentiary sentence, of which there is any record, was imposed by the court at the September term, 1S4:{, when James M. Thompson was sent to state's prison fur two years for gi-and lai-ceiiy.

1850 and sentencetl to tlu' penitentiary for two years, the jury Kudiug him guilty of having voluntarily, killed a man named Godfroy. An effort was made to secure a pardon for him, but it failed and he served out his term. There have been other murders in the county, but a majority of the eases were taken to other counties on change of venue, and there has probably never been a murder trial in the county that attracted so much attention as that of Martin Wilhelm and his son. It is greatly to the credit of Miami county that there has never been a case of capital punishnuMit or legal execution within her borders.

The Medical I'Kofession

Early Conditions in the Wabash Valley - Work and Fees of the Frontier Doctor - Malaria - Character of the Pioneer Physician - - His Remedies - His Social Standing - Balzac's Tribute to the Country Doctor - Brief Sketches of Early Practitioners - List OP Old Time Doctors - Miami County Medical Society - Medical Registration Law - ^Licensed Physiclvns in Miami County.

One of the most useful iiidivitluals in a new settlement is the physician, yet the life of the doetor on the frontier of eivili/.ation was not all sunshine and roses. About the only incentive to a young physician to locate in a new country was the liope of "gettino: in on the ground floor," so that he might reap his reward hy being a participant in the good things that came to the pioneers as the country developed. When the first physicians came to Miami county the region was sparsely settled, no roads were opened, calls luui to hf made on horseback through the woods, and the doctor frequently rode long distances to visit his patients, who were scattered over a wide expanse of territory. Money was rare in the frontier settlements and the doctor was often compelled to take his fee in coonskins. fresh pork or other i)roducts of the farm. Sometimes he received no fee at all, l)ut this did not deter liiiii fi-oin doing his duty and ministering to the afflicted.

In the Wabash valley especially the physician was a welcome addition to the populatioiL For some time after the first settlers came the ague - generally spoken of in that day as the chills and fever - was a prevalent disease. Mosriuitoes multiplied by millions in the stagnant pools and ponds and carried the malaria gei-m to the homes of the i)ioueer settlers with the utmost impartiality. Rich and poor, the innocent babe and the old and infirm suffered alike from this common malady.

Viewed in the light of modern medical progress, the old time doctor might be considered a ''back number."' There were no drug stores to fill prescriptions, so he carried his stock of medicines about with him in a pair of pill-bags - a contrivance consisting of two leathern boxes, each containing a number of compartments for vials of ditferent sizes, and these boxes were fastened together by a broad strap that was thrown over the rear of the saddle. Many times the doetor was not a graduate of a medical college, liaving aeqiiii-ed his professional training by "reading" with some other physician.

Duncan, in his Reminiscences, says thai the early physicians "provided themselves with a goodly supply of the largest lancets and unmeasured quantities of English calomel." In addition to the calomel his principal stock of drugs was made up of Peruvian bark (quinine had not yet come into general use), .jalap, tartar emetic, Dover's powders, salts and castor oil. Nearly every physician knew the formula for making "Cook's pills," which were generally prescribed in cases where the patient was suffering from a torpid liver. Besides the lancet, which was freely used in letting blood in cases of fever, his principal surgical instrument was the old fashioned "turnkey," for extracting teeth, for the doetor was a dentist as well as physician. No X-ray machine, or other costly or elaborate apparatus, graced his office and his library was limited to a few of the standard text-liooks of that period.

The pioneer jjliysician had a wholesome contempt for germs and microbes and frequently went about his business without pausing to consider whether his clothing was in an antiseptic condition or not. But there was one redeeming feature about the early physician. He did not assume to know it all, and as his practice increased he usually made efforts to keei) pace with the times by attending a medical college somewhere, the better to qualify himself for his chosen calling. His patrons looked upon him as a friend, as well as a professional adviser, and on the occasion of his visits to their homes the best piece of fried chicken or the largest piece of pie often found its way to his plate.

In his travels about the settlement he heard all the latest gossip, knew what was passing in the minds of the citizens, and that knowledge frequently gave him an opportunity to serve his neighbors in some public capacity. A list of the county officials shows that the doctor was often called upon to discharge some local position of tru.st and responsibility, to represent his constituents in the state legislature, or even in the halls of Congress. It is quite probable that as many male children in the United States have been named for the family physician a.s for the country's great warriors, philosophers or statesmen.

The celebrated French novelist, Honore de Balzac, pays a tribute to the country doctor in his story of that name when he says: "It is not without reason that people speak collectively of the priest, the lawyer and the doctor as 'men of the black robe' - so the saying goes. The first heals the wounds of the soul, the second those of the purse, and the

Clearing, enltivalion and di'ainafrc liave changed the character of the Wabash vall(\'. 1''c\it and a^iic have disappeared and in their train has come a whole ari'ay of new diseases that has elianged the methods of healing. Drastic remedies, the hmeet and the Ini'nkey have disappeared and in their stead have come new I'emedies and aiipliances. In this march of medii-al progi'ess tlie physicians of Miami county have kept step and occupy an lionorahle place iu the profession. The early physicians did the best they knew-, according to the ethics and customs of their profession in that day. hut W(>re some of them to return they would no doubt be at a loss to unilerstand the treatment administered by the modern physician. Yet these old timers made possible the present era in the practice of medicine. Each contributed in his humble way to the advance of medical science as it advanced step by step to its present status. It is proper, thm. to condone the mistakes of the early doctor, as view'cd from the standpoint of tlie present, and give him credit for sincerity of purpose and honest effort in the treatment of his patients at a time when the educated physician was the exception rather than the i-ule.

The first physician iii .Miami county, of whom an\thinir dcliiiite can be learned, was Dr. -James T. Liston, who is credited with having built the first house in Peru. Dr. Jjiston was born in New (.'astle county, Delaware, September Itj, 1804, and received a good education in the schools of his native state and Pennsylvania. In 1828 his i)ar(iits removed to Indiana and settled at Richmond. Thi-ee years later the young man received his degree of M. D. and began practice at iluncie. Subsequently he practiced in Winchester, the county seat of Randolph county, for about five years and then came to Peru about the time Miami county was organized. His ilaughter, Phebe A. Liston, is said to have been the first female white child born in Peru, and was also the first to die in tlic town. After many years of active practice in Peru and the surrounding country, Di-. Liston retired and passed the closing years of his life with his son, .Jolm W. Liston, near Bunker Hill, in the southern part of the county. Dr. Liston was a Mason, an Odd Fellow, a member of the t'hi'istian chuich, and one of his prouilesl recollections was that he voted for Andrew Jackson for president of the I'nited States.

Dr. Ik'n.jamin Hcnton was one of the conspicuous physicians of Peru for many years, where he practiced his profession from LS:j7 to istili. His residence was on the south side of East Second street, about half a block from Broadway. Dr. Ileiiton was not only a successful physician, but was also a man of kindly, benevolent disposition and was beloved by the entire community. He was the father of Coleman Henton, who served two terms as sheriff of lliami oounty and was also township trustee ; James T. Henton, Mrs. Alphonso A. Cole, ilrs. Alvin Thayer and Jlrs. David Oliver Adkison.

Dr. A. Keiser was another of the early physicians of the county seat. In his latter years he published a little pamphlet on the early history of Peru. He lived to a ripe old atre and was still in the harness as late as 1875, or perhaps even later.

Dr. Henry V. Passage was born in Dayton, Ohio, and came to Indiana with his parents when he was about one year old. His ancestors came over with LaFayette and took part in the Revolution and his father was with Commodore Perry in the battle of Lake Erie in 1S13. Dr. Passage was a politician as well as a physician and served IMiami county three terms in the legislature. He was noted as a doctor who responded to the calls of those in advei-sity, paying little attention, it is said, to his collection of fees from those unable to pay. The many friends gained in this way gave him power in conventions and at the polls, though it is but just to state that it was a generous disposition rather than political ambition that won for him this large circle of friends.

Dr. Jared Spooner was a physician who also won eminence as a surgeon. He had great regard for his chosen profession and tried to keep abreast of the times in everything pertaining to medicine and surgery. On at least two occasions he took post-graduate courses after he had raised a family, on the theory that "a man is never too old to learn." He was distinctly noted for his strictly temperate habits. He used neither tobacco nor intoxicating liquors, yet he died while still in the prime of life, notwithstanding his apparent care of the body along the lines prescribed for health and longevity.

Dr. C. E. Rutherford, a homeopathic physician who died in Peru in the winter of 1913 at the age of more than four score years, was a veteran of three wars. His first military service was in the war with ]\Iexico, after which he was in the first war with the Sioux Indians and served in the Union army in the War of the Rebellion. He was of quite an investigating turn of mind and more than twenty-five years before his death he gave a definition of electricity which was favorably alluded to by some eminent scientist in 1913. He was a bachelor.

Dr. J. W. Ellis was a successful physician of Peru along in the '70s and '80s and Dr. Henry Alford practiced in Peru in the latter '80s and early '90s, but as old age began to creep on he removed back to Cass county, where he died a few years ago.

county. He had a largo country practice but he did not depend entirely upon pills and powders for his living, as he was also the village innkeeper and money lender. He always carried large sums of money upon his person and it is said that when he died some $15,000 was found in his clothing. He was of unusually large stature and this, with other peculiarities, made him a conspicuous figure and one long to be remembered.

In the latter '8()s Dr. E. B. North was for a while the local surgeon in charge of the AVabash Railway hospital. He was a fine physician, skillful surgeon and popular as a citizen. One morning, while on his way to the hospital, he discovered a man named Christiansen, who wa.s under the influence of liquor, engaged in annoying some peaceable people. Dr. North went to the scene as a peacemaker, his object being to persuade Christiansen to leave the premises, but the drunken man happened to be armed with a revolver and taking offense at the doctor's interference, fired upon him, inflicting a mortal wound. Dr. North died the following night and some infuriated citizens took Christiansen from the jail and hanged him to the bridge over the Wabash river at the foot of Broadway. This is the only ease of mob law recorded in the history of Miami county. The man Christiansen was not a vicious character when he was sober and had he been in his normal state the crime would not have been committed. As it was Peru lost an eminent physician and had her fair name sullied by a lynching.

Dr. E. H. Sutton located at Gilead about 1840 and practiced there for nearly fifteen years. At that time the country around Gilead was infested by a lawless element and Dr. Sutton was one of the principal figures in the organization of a vigilance committee to rid the country of the outlaws. A full account of this event is found in another chapter. After several years in Gilead, Dr. Sutton removed to Akron, Fulton county, and later to Macy, where he passed the latter years of his life Those who knew him well describe him as "a kindly soul, gentle and lovable as a woman." One of his old neighbors recently told the writer that nothing too good could be said of this estimable, old-time country physician. He had the reputation of being of quite an inventive turn of mind and some amusing stoi'ies are told of his adventures and experiences when he occasionally forsook his profession for the side issue of mechanics, in which he displayed considerable ingenuity, notwithstanding his failure to find fame and fortune as an inventor.

Dr. John II. Emswiler came to Miami county at an early date and practiced his profession in the city of Peru for many years, being regarded as one of the leading physicians in bis day. For some time he served as a member of the city school boai-d and was for years engaged

Dr. John C. Helm, who came to Miami county in 1844, was one of the best known of the pioneer physicians. He was born on November 7, 1800. at Charleston, West Virginia, and two years later his parents removed to Tennessee. When only eleven yeai-s of age he entered Washington College and while a student in that institution walked to and from the school everj- day, a distance of three and a half miles. He then studied medicine and in 1835 removed to Preble county, Ohio, where he practiced until he came to Miami county, Indiana. After coming to this county he became interested in other enterprises. He built a large flour mill at Peru and another at Peoria, where he established his home, but later returned to Peru and practised his profession until his death, which occurred on September 7, 1874. While living in Tennessee he married ^liss Amy Hampton, by whom he had eight children.

Dr. John H. Helm, a son of the above, was born at Elizabethtown, Tennessee, April 23. 1826. His early medical training was under the direction of his father, afte|- which he read with other preceptors and in 1847 was graduated at the Ohio Medical College, in Cincinnati. About a year before he received his degree he entered the army and with General Wool's command served one year in the war with Mexico. After graduating he practiced at Eaton, Ohio, until 1860, when he removed to Peru, Indiana. He was the first president of the iliami County iledical Society and in 1876 was elected president of the Indiana State Medical Society. He was also a member of the American Medical Association and was the organizer of the Peru board of health, of which he was the first pi-esideut. His son, Dr. Charles J. Helm, is now a practicing physician of Peru, so that for three successive generations this family has been ably represented upon the roster of Miami county doctors.

Another early physician was Doctor John Barnes, who located at Santa Pe in 1847. He was born in Harrison count.v, Virginia, August 29, 1815, studied under Dr. J. C. Howard, of Mansfield, Ohio, and began practice at Leesville in that state. In 1845 he came to Indiana and first located at Somerset, Wabash county. Two years later he removed to Santa Fe and practiced there until 1865. He then removed to Gilead and in November, 1879, to Maey, where he continued in practice until a short time before his death. Dr. Barnes was a representative country doctor and during the half century he practiced in Miami county was one of its highly respected citizens. He was a member of the Methodist church and took a keen interest in public afli'airs as a Republican, of which party he was one of the founders.

111 IS4!) Dr. .loliii (^>. A. luililiins (-ainc to .Miami county and I'Stablisiicd hiiiisflf at Ciiiii. wIuti' Dr. ^V. .1. Chanilu'rlain iiad located two years before and wa.s tile first pliysieian in tlie village. Dr. Rol)hins was lioi'ii 111 Wayne eoiinty, Indiana, Xoveiulier 6, lS2(i, and was tlierefore Init tweiity-tliree years of age when lie eauie to Miami eounty. When sixtei-n years old he began the study of iiiedieiiie under Dr. James Ruby, ill his native county, and upon reaching his majority began practice. Although not a graduate of a medical college, Dr. Robbins was a successful ithysiciaii for that day. In 1856, after the death of his wife, he relurneti to AVayne county and then traveled through the West to recover his iicalth. In ISSl he returned to Miami county and located at Denver.

The first physician to locate in the town of Bunkei- Hill was a Dr. Hufford, who was also engaged in merchandising. Dr. James A. Meek, the second jjliysician in the town, was born in 8eott county, Indiana, August 18. 1828. When twenty years of age he began the study of medicine with his uncle. Dr. T. D. Lemon, of Laporte. He then attended lectures at the Indiana .Medical College, then located in Laporte and in 1850 began practice in Ripley county, Indiana. He soon gave up his practice to go to California, during the gold excitement, but late in the year 1854 he returned to Indiana and located at Peru. Four years later he removed to Bunker Hill, where he i)racticed for many years. He was a prominent member of the Masonic fraternity and the Independent Order of Odd Fellows, and was one of the charter members of the Miami County iMedical Society.

Dr. A. D. Coe, one of tlu' [)ioneer physicians of Mexico, was a native of Portage eounty. Ohio, where he was born on January 24. 1824. He began his professional studies under Dr. N. W. Hubbard, of Newark, Ohio, after which he attended the Starling Medical College at Columbus, Ohio, and the Albany ^Medical College, Albany. \ew York. In 1851 he came to Miami county and for a few years taught school, practicing medicine as opportunity offered. In November, 185(), he opened an office at Me.xico and engaged in active i)raefice. In the winter of 1857-58 he attended the College of Physicians and Surgeons at Cincinnati, where he received the degree of M. I), in February. 1858. Dr. Coe was a .Mason and an Odd Fellow and was reeogni/'.ed as one of the successful jihysicians and best surgeons of Miami county. Although he built up a large practice he died in moderate circumstances, owing to his benevolent disposition. His death occurred at Mexico in 1889.

In 1857 Dr. William II. Hrentoii came to Peru from .southern Illinois and began the practice of medicine. He was born in Clark county, Indiana, May 2, 1828. At the age of sixteen years he began the study of medicine under Dr. Frank Taylor, of Westport. Kentuekj'. Later he took a course of lectures at ^Memphis, Tennessee, and in 1852 was graduated in the medical department of Asbur>' (now DePauw) University at Greeneastle. Indiana. He began practice, however, in 1849 at Taylorville, Indiana, and after graduating located at ^Metropolis, Illinois, from which place he came to Peru in 1857. In 1862 he enlisted as assistant surgeon of the Seventy-third Indiana Infantry and served until the following year, when he resigned, having discharged the duties of regimental surgeon during the greater part of his service. In 1866 Dr. Rrenton was graduated with honors at the Bellevue Hospital Medical College of New York, after which he was in partnership witli Dr. J. O. Ward, of Peru, for over twenty years. He was one of the organizers of the Miami County Medical vSociety ; was a member of the American Medical Association and the Indiana State Medical Society and was considered one of the leading physicians and surgeons of the Waliash valley.

Dr. M. D. Ellis was one of the pioneer physicians of Xenia (now Converse), where he located some time in the '50s. He found there Drs. Frazier and Pope, who had previously established themselves in practice. Dr. p]llis was active in recruiting a company in 1862, which was nuistered in as Company C, Eighty-seventh Indiana Infantry, with Dr. ElUs as first lieutenant. He ro.se to the rank of captain and after being mustered out located at Peru, where he practiced his profession until his death, after serving a term as auditor of Miami county.

Dr. Abner D. Kimball and his brother, Thomas C. Kimball, were among the early practicing physicians of Converse. Both were successful iloctors. After several years at Converse they removed to Marion and Dr. A. D. Kimball was for several years surgeon of the National Soldiers' Home at Marion.

Dr. E. K. Friermood, who located at Amlioy in 1877, was one of the well physicians of the county for a number of years. He was born in Ohio in 1843 and came in his boyhood to Grant county. Indiana, with his parents. In 1867 he began the study of medicine with Dr. Kimball, above mentioned, and in February, 1869, graduated at the Rush Medical College in Chicago. He began practice at North Crove, but soon afterward went to Wabash, where he practiced until 1877. He then located at Amboy, but later removed to Peru and from there to Greentown, Howard county. He died in 1911.

Dr. John Constant is remembered by old citizens as one of the popular physicians of the county. He located in Mexico some years before the beginning of the Civil war and after practicing for some time in that village he removed to Peru, where he formed a partnership with his hrotlicr-iii-law, Di-. lsa;ii- ('. Walker. This association lasted until the death of Dr. Constant, after which Dr. Walker removed to Indianajjolis anil lieeaine one of the pi'Oiuinent physicians of that city.

While the firm of Constant & Walker was in existence a young man began the study of medicine with them who afterward achieved a distinguished position among the physicians of Miami county. That was Dr. Carter B. Higgins, who was l)orn in Preble county, Ohio, December 15, 1843, and came to Peiii witii his parents when he was but three years of age. He completed the course of study in the Peru public schools, graduated at Earlham College and began the study of medicine when he was eighteen years old. In 1866 he graduated at the Rush Medical College in Chicago and soon afterward formed a partnership with Dr. Walkei-. In 18()!) he went to Rochester, where he practiced for a short time, when he returned to Peru. He was at one time the secretary of the iMiami Counly Medical Society and was treasurer of the Indiana State Medical Society. He was also a member of the Am<'rican iledical Association and for several years prioi' to his death was the surgeon in charge of the Wabash Railway hospital at Peru.

Dr. Jlilton 'SI. Hoggs, who is now living with his son-in-law in Peru, retired from active practice, is one of the old-time physicians of the county. He was born in Henry county, Indiana, in 1830, but while still in his childhood his parents, removed to Laporte county. In 1831) the family removed to Kosciusko county, where the father died in 1842. Young Hoggs then returned to Laporte county, where he worked as a farm hand until in April, 1847, when he enlisted for service in the Mexican war. He was honoi'ably discharged in August, 1848, and returned to Leesburg, Kosciusko county, where he began the study of medicine. He began practice in that county in 1851 ; removed to Fulton county in 1854 and to Ca.ss county in 1859; enlisted in Company E, Twenty-ninth Indiana lnfantr>-, in August. 1861; was made captain of the company ; resigned on account of disabilities received in line of duty; located at North Manchester and practiced his profession there until the spring of 1870, when he removed to JIacy. There he conducted a drug store in connection with his practice for several years, when he retired. He is the only veteran of the Mexican war in Miami county.

Dr. Cptoii A. Ager. who began practice at Perrysburg in 1868, was a native of Starke county, Ohio, where he was born in 1839. When he was eight years old his parents removed to Huntington county, Indiana, where he received his education in the public schools and select schools at Huntington and Roanoke. He began his medical studies in the office of Drs. Laymon & Shafer at Huntington and in 1867 was graduated at the Rush Medical College at Chicago. In April, 1868, he opened an office in Perryshurg, where he practiced for many years. He then removed to Peru and there engaged in the sale of carriages and other vehicles. He died about 1910.

Dr. Reuben W. Smith, who settled at Converse in 18.58, was born in Henry county, Indiana, in November, 1831; attended the Ohio Medical College at Cincinnati in 1855-56 and practiced at Farmland, Indiana, until his removal to Converse. In 1871 he was graduated at the Indiana Medical College at Indianapolis and continued to practice at Converse until he came to he the oldest established physician in that town. He was a member of the Indiana and Grant County Medical Societies, a member of the Masonic fraternity and a Democrat.

Dr. Rollin Pence lived to be more than four score years of age. Some .vears before his death he removed from Santa Fe to Peru and spent his declining years in the enjoyment of the fruits of his labors and in the association of a large circle of friends.

Dr. F. H. Watkins, an Eclectic physician, was a successful practitioner in Peru for probably thirty j^ears, beginning about 1870, and acquired quite a reputation for his success in treating typhoid fever.

From old newspaper files and other sources has been collected the following list of old-time doctors, in addition to those above noted : At Amboy, Drs. J. A. Baldwin, H. D. Hattery and John Wright: at Chili, Drs. Beekner and Ridenour ; at Converse, Drs. George Egbert and 0. A. ilendeuhall ; at Denver, Drs. Smith, Ladue and Downey ; at Gilead Drs. W. T. Cleland, John A. Marine, William McCoy and A. J. Caples; at ilexico, Drs. Brown, Rea.soner and E. N. Banks; at Macy, Drs. James McKee, Ford, Weltie, Wright and Ernsberger; at Miami, Drs, T. J. Raybell, David EUis, H. B, Rood and A, Armstrong; at North Grove, Drs. Brandon and Holton : at Paw Paw, Dr. William Hill ; at Perryshurg, Drs. Ladue, Shadwick, Detrick and Conner; at Santa Fe, Drs. Hendricks, Ginther, Stewart, Foraker, Pence and Pugh ; at Waupecong, Drs. Morehead, Hattery and Smith.

These men have all passed from the stage of action and most of them have left little information concerning their history or character. Dr. Raybell, who practiced at Miami during the early '50s, is remembered as a tine physician. He left there about the beginning of the Civil war and no one knows what became of him. Dr. McCoy removed from Gilead to Peru, where he was for some time in partnership with Dr. J. O. Ward. He married a lad,y whose home was in Madison, Indiana, after which he located in that city and practiced there until his death. Dr. J. A. Baldwin, of Amboy, was an Eclectic physician. His son is now a physician in Peru. Dr. David Ridenour, of Chili, had the reputation of being a good doctor, more resourceful than many of his fellow practitioners, and enjoyed a large praetice. Many reminiscences are told of the early doctors - some eoni])limen1ary and some otherwise. A few were known to have a fondness for strong drink; others were noted for their blunt and in some instances profane language; some were regarded as skilled physicians and others, j)erhaps just as deserving were less successful, but upon the whole the men who have practiced the healing art in Miann county since its first settlement by white men will compare favorably with the phj'sicians in other counties of the state.

The Miami County Medical Society was organized and articles of association filed on January 3, 1875. Those who subscribed to the articles of association were E. M. Bloomfield, W. H. Brenton, M. D. Ellis, E. K. Friermood, John li. Helm, C. B. Higgins, 0. C. Irwin, E. J. Kendall, W. A. McCoy, James M. McKee, S. S. Marsh, James A. Meek, J. 0. Ward and W. T. Wilson. Dr. John H. Helm was elected president and Dr. J. 0. Ward, secretary. The articles of association set forth tlu' objects of the society as being "to advance medical knowledge, improve the health and protect the lives of the connounity. and elevate the professional character of its members." It was also provided that "any regular graduate from a reputable medical college of good moral character may become a member of this society by paying into the treasury the sum of three dollars."

The early records of the society have been lost, so that it is impossible to give a continuous history of its proceedings or a list of its presidents. According to the secretary's report at the close of the year 1913, the members of the society were E. H. Andrews, M. M. Boggs, R. W. Brookie. O. V. Carl, P. B. Carter, J. C. Frets, J. A. Freezee. E. H. Griswold, C. J. Helm, A. H. KalbHeisch, E. F. Krat/.er, H. E. Line, 0. R. Lynch, F. M. Lynn, B. S. McClintic, M. A. McDowell, L. 0. Malsbury, E. A. Mills, A.S. Newell, J. B. Peters, F. L. Rosier, D. C. Ridenour, J. P. Spooner, M. II. Taylor, M. L. Wagner, 0. C. Wainscott, L. S. Wallace, J. 0. Ward, E. S. Way mire and J. E. Yarling. All these are active membei'S with the excejjtion of Dr. .M. M. Boggs, who holds an honorary membership on account of his advanced age.

The officers for the year 1914 were Homer E. Line, president ; Brown S. McClintic, vice-president ; ]VIarvin A. McDowell, secretary and treasurer; C. J. Helm, J. P. Spooner and E. J. Griswold, censors. Drs. Otho R. Lynch and John E. 'S'ailing were elected delegates to the state convention.

During liic gi'cat flood in .March, 11)13, the members of the society gave their time to looking after the sick and otherwise rendering aid to the relief committee. By tlieii- intelligent and concerted action much sufi:'ering was averted. They worked in I'clays and some of the physicians were always on duty until tin' danger was past.

The Indiana medical registration law. approved by Governor Mount on IMareli 8. 1897, authorized the establishment of a state board of medical registration and examination, to consist of five members appointed by the governor. It was provided that the four schools or systems of medicine having the largest numerical representation in the state should each have at least One member upon the board and that no school or system of medicine should have a ma.iority of the members. This act. with the amendments passed by the legislatures of 1899, 1901, 1905 and 1909, makes it the duty of the state board to determine, by examination or otherwise, the qualifications and fitness of every person practicing medicine in the State of Indiana and issue a certificate to such person, which, when presented to the county clerk of the proper county .shall entitle the holder to a license to practice medicine.

Under the provisions of the law the county clerk of each county in the state is required to submit annually "on the 1st day of January of each year, to the State Board of Medical Registration and Examination, upon blanks furnished by said board, a duplicate list of all certificates^ received and licenses issued by him during the preceding year," together with certain information of a statistical nature.

The board is required to report anniyilly to the governor, using the information received from the county clerks and such other information as may be deemed proper and of general interest to the members of the profession and the general public. According to the last published report of the state board, the licensed physicians of Jliami county were as follows:

Since the publication of the above report there have been some changes in address, and at least one of the physicians whose names appear in the list has joined the silent majority. Dr. E. M. Bloomfield died on August 8, 1913. He was born near Eaton. Ohio, December 29, 1841, was educated in the publie schools of his native county and at tlie Miami University at Oxford, Ohio, after which he began the study of medicine in the ofifiee of Dr. A. L. Dunham, of Eaton. After thorough preparation under this pn^ceptor, he entered the medical department of the University of Michigan at Ann Arbor, where he graduated as a member of the class of 1869. The following year he located at Peru, Indiana, where he continued in active practice until his death. He was a charter member of the iliami County iledical Society and retained his membei-ship as long as he lived. He was also a member of the Indiana State Medical Society and the American ]\Iedical Association.

In the preparation of this chapter the writer desires to acknowledge his obligations to Dr. J. O. Ward, who might be appropriately called the dean of the medical profession in Miami county. He has been practicing in the city of Peru since the spring of 18()9, was the first secretary of the county medical society after its incorporation, and haa always occupied a high place both as a physician and a citizen.