Putnam County, Indiana - Chapter 3: Courts, Court Houses and the Bar, 1910

Chapter 3: Courts, Court Houses and the Bar

We have already seen that the law authorizing the organization of Putnam county was passed by the Legislature December 31, 1821. Immediately thereafter the machinery necessary for the proper conduct and management of the country's business was set in motion, as the following document will show :

"You are hereby required and commanded to cause the qualified voters of the said county of Putnam to meet at their respective places of holding elections on the first Monday in April next and then and there you shall cause an election to he holden for two associate judges, one clerk, and one recorder and three county commissioners and the manner of your return shall be in conformity to law. Given from under my hand and the seal of the state this first day of January, 1822.

^Meanwhile, on March 7, 1822, Jacob Call was appointed presiding judge of the circuit court. Later George Kirkpatrick and Purnell Chance were elected associate judges and Arthur McGaughey clerk. William Mcintosh became sheriff. The commission of the latter, signed by Governor Jennings at Corydon, August 22, 1822, and sent by mail to Spencer, the county seat of Owen countv, with instructions to forward to the seat of government in Putnam county, is still preserved in the files of the clerk's ofifice.

The first court was held June 3, 1822. but the record of its proceedings is so faded and abraded by use as to be in many places almost entirely illegible. From what is left, however, we gather that spreading the commissions and oaths of the associate justices of record, providing for a seal and ordering grand and petit juries for the ensuing term, constituted the business done at thie first term of the Putnam circuit court.

The county seat not having been estabhshed and no suitable building in which to hold court having been erected, the next term was held, as the record discloses, "at the home of James Athey," which, it will be recalled, stood at or near the Forks of Eel river, on September 2, 1S22. The judges were all present and the same officers of the court as before, with the addition of Samuel Judah, the prosecuting attorney. The grand jury was impanelled and duly sworn. As nearly as their names can be deciphered they were first license or permission to practice law was issued at this term of court. On motion of Samuel Judah, Thomas H. Blake and James Farrington were admitted and sworn as attorneys. Both the latter were from Terre Haute. Blake was a native of Alaryland, but had emigrated to the West soon after the war of 1812, settling at Terre Haute, where he was prosecuting attorney, circuit judge, member of the Legislature, and representative in Congress in succession. President John Tyler appointed him commissioner of the general land office, after which he became president of the Wabash & Erie Canal Company. He died November 28, 1829. Mr. Farrington was born in Boston, Massachusetts, and set out for the West about the time he had attained his majority, arriving at Vincennes in 1819, where he was admitted to the bar. Within three years he had removed to Terre Haute, where he located permanently and spent the remainder of his life. He was very active in establishing the Terre Haute branch of the Indiana State Bank and for a long time he was its cashier. He represented Vigo county in both branches of the Legislature and was assessor of United States internal revenue for the seventh Indiana district from 1862 until his death, October 8, 1869. He was a conscientious and painstaking lawyer and a man of the highest clerical capacity, as his briefs and written pleadings now on file in the clerk's office will attest.

Earlv Court Rec0Rd.S.

Two civil cases transferred from Parke county were the first of their kind to engage the attention of the court. They w-ere entitled John Hamilton vs. John Collett and John Hamilton vs. William Blair et al, and are suits for damages for the retention of a drove of hogs. The plaintiff was represented by Blake and Farrington and the defendant by Charles Dewey. The record shows that the case of Hamilton vs. Blair was tried on June 3,

1823, and that the plaintiff was awarded judgment. The following constituted the jur^- : Abraham Lewis, Noble J. Meyers, David Hurst, John Rawley, Benjamin Bell, Richard Moore, E>avid McCoy, Elisha Mullinix, Isaac Matkins, William Craig and Israel Linder. The name of the twelfth juror is not legible.

Before court was adjourned for the term the following allowances were made : James Athey, twelve dollars for the use of his house twelve days for court purposes; Robert Cunningham, two dollars for room for grand jury two days ; Cunningham was also allowed two dollars for two days' service as bailiff, and Justin Goodrich, one dollar for a like service. On the last day, June 3, 1823, it was ordered that "Court adjourn until court in course to meet at the house of Isaiah Wright at the next term."

For a brief period and until the spring of 1825 the record is alike scant and quite incomplete, but from the pleadings written by the attorneys and the returns of the court oflficers which are still on tile we learn that the business of the courts was gradually increasing in volume and importance. Between September, 1823, and the summer of 1824 the meetings of the court were held as directed in the residence of Isaiah Wright, whose log cabin was not far distant and in the neighborhood of the Forks of Eel. The venire of petit jurors for the fall or September term, 1823. shows the following to have been summoned : Abraham Coleman, Abraham Lewis, Noble J. Myers, Israel Linder. David Hurst. George Legg. Abraham Leatherman, Frederick Leatherman. John Oatman, John Reed. Robert McCain, John Rawley, Joseph Patterson. William Craig, Reuben Clearwaters, William ^IcCray. Elisha Mullinix, John Miller, Amos Robertson, Benjamin Bell. Isaac Matkins, Richard Moore, David McCoy and Isaac Legg. Those selected for grand jury service at the same time were: Thomas Higgins, Aaron Harlan. Samuel Arthur. Elijah Crawford. Robert Cunningham, James Kelso. Charles Hedrick. John Colton. Luke Freeland. David Higgins. Samuel Chadd, Ezekiel Hart. John Duncan. Elisha Hyatt. Jacob Clark. Garrett Gibson. Jonathan Humphrevs. Isaac Bell. Jubal Deweese. Joseph Thornburgh and Mathew Cole.

Meanwhile, the county seat question having been settled, the judicial machinery of the new county was moved to Greencastle. The court house not vet having been built, the sessions of court were held, beginning in the fall of 1824, at the house of Jubal Deweese, a log cabin on the west side of the public square, where Blake's house now stands. In May, 1826, as appears fmm certain records in the clerk's office, court was held also in the home of Joseph Orr; however, it is supposed a court house was built, for. as appears by the record, court was no longer held in private buildings.

The character and volume of htigation at this period shu\vH that tlie people were somewhat reluctant to call on the courts for a settlement of their disputes. There were but few suits on notes, less for enforcement or violation of contracts and never a personal injury or damage suit. Criminal actions v.ere equally few and unimportant. One proceeding of frequent occurrence in the records is the application for a writ ad quod daiiiuiun. \ man desiring to erect a dam across the stream for a mill would apply to the court for the prixilege. whereupon the latter would direct the sheriff to summon tit persons in the bailiwick" whose duty it was to "examine the lands proposed for the erection of said dam and mills, likewise the lands above and below the same, the property of other persons which might overflow by the erection of the dam to the height required and to say what damage it will be to the several properties, and whether the mansion house of any such proprietor or proprietors or the curtilages, orchards, yards or gardens of any such proprietors will be injured or overflowed; also to inquire whether and in what degree fish of passage or ordinary navigation will be obstructed, whether and by what means such obstructions may be prevented and whether in their opinion the health of the neighbors will be annoyed by the stagnation of the water." Usually the twelve men chosen decided in the applicant's fa\or and the dam was promptly built.

Of the civil actions, as often happens in a new community, many were slander suits. One of the earliest was William M. Blair vs. John Hamilton, filed in Parke county, September 17. 1822, and transferred to the Putnam circuit court for trial. In this instance the defendant is said to have charged plaintiff with stealing hogs. .Another filed June 3. 1823. entitled Benjamin Johnson vs. John Huffman, charges that defendant "in the presence of divers good citizens of this state and in conversation with same, in a loud voice spoke, uttered and published these false, scandalous and malicious words concerning tiie plaintiff: 'He stole indigo and d}ed his socks with it and I can prove it ' " .V majoritv of the criminal actions were offenses of the grade of aft'rav and assault and batterv. and later we find in the records prosecutions now and then for selling litjuor unlawfully. The first indictment was returned September 9, 1S22. and charged that Xathan Parker, late of Tipt()n townshi]). in the county of Putnam, on "the first day of August in the year of our Lord, eighteen hundred and twenty-tv.D. with force antl arms at Longwaystown in the county of Wabash and in that part of said county of Wabash under the jurisdiction of the county of Putnam, one bay mare of the value of thirty dollars did feloniously steal, take and carr\' away, etc."

1823. are resumed again in 1825. They show that the circuit court convened in Greencastle May 5, 1825, with John R. Porter as presiding and John Smith and John Sigler as associate judges. John Law was the new prosecuting attorney and Robert GHdeweil was admitted to the bar. Among the proceedings at this tenn was the indictment of Polly Henry for perjury - being the first criminal charge against a woman - and Silas G. Weeks for retailing liquor in violation of the law. At the October term of that year the same court officers were present. The first petition by an administrator to sell the lands of a decedent was filed at this temi, and related to the sale of the lands of Thomas James, the father of the late Stanfield P James. The elder James wa.s murdered near Cloverdale by an insane man named Robinson who slipped behind him and shot him while he was engaged in chopping wood. Robinson soon after committed suicide by shooting himself in the head. This was the first murder in the county. At this term James Whitcomb, afterward Govenor of the state, appeared as attorney for the plaintiff in the suit of Storm vs. Gibson.

The May term, 1826, was held at the house of Gen. Joseph Orr in Greencastle, with the same judges and court officers present. One of the proceedings is the report of the grand jury with reference to the jail. The body holds "that the jail of the county is insufficient, that it needs a lock to each door and that the steps of the same need fastening to the wall." The report is signed In- "Joseph Jackson, Foreman." That our forefathers also had a pure food law is shown by a proceeding in court at this term, wherein Noah H. Drewry was tried for selling unwholesome provisions. This term of court is also noteworthy in that it contains the record of the first divorce suit. Charity Mullini-x vs. Elisha Mullinix. At the following temi in October, Henrv Secrest, destinecl to be one of the greatest lawyers in this part of Indiana, was admitted to the bar. At the May term in 1827 Joseph F. Farley was admitted to the Ijar. Arthur Mahorney was the first man tried for gambling and Lewis H. Sands and Henry Secrest for sending and accepting a challenge to fight a duel. Of the latter charge Sands and Secrest were acquitted, but were convicted on the charge of canying concealed weapons. At the October term. 1827. John M. Purcell was tried and convicted on the charge of vagrancy. He was fined and hired out for a month, the proceeds of his labor being applied towards the payment of the fine and his support. In 1828 Sigier and Smith gave way as associate judges to David Deweese and William Elrod. William McLitosh was still sheriff and Arthur Mc- Gaughey clerk and John Law prosecuting attorney. The record of the May term. 1830. shows that John Law had meanwhile been promoted to presiding judge of the '"se\enth judicial circuit." Tlie following order appears in the record of this term : "Ordered by the court, that the following space of land be and the same is hereby laid off and designated by the following metes and bounds, around the county jail, as and to be called and termed Prison Bounds for said countv. to wit ; Beginning at the northwest corner of the town of ("ireencastle in said county, thence south to Poplar street, in said town, thence east to Water street, thence north to the northern boundary of said town to Liberty street, thence west to the place of beginning; such bounds to include the space covered by the several roads or streets as bounding such space as aforesaid." The October. 1831. term was presided over by George W. Johnston, Judge John Law having meanwhile resigned.

At the April term, 1832, Amory Kinney became presiding judge and so continued till the fall of 1836. Shortly before this. Associate Judge Deweese gave way to James Rankin. Li May. 1837, Elisha AL Huntington appeared with the commission of presiding judge and served as such until the May term, 1 84 1. He was followed by William P. Bryant, who for the ensuing three years occupied the bench, the last year having as his associates George Pearcy and [Moses T. Bridges. In 1844 Judge Law returned to the bench and served till November, 1849. Robert N. Allen having in the meantime succeeded George Pearcy as associate judge. Judge Law having resigned, was succeeded for a brief time by Samuel B. Gookins, whose associates were Robert X. Allen and William G. Duckworth. In 185 1 Delana R. Eckels came upon the bench, being commissioned by the Legislature for a period of seven years. -\llen and Duckworth were still associate judges.

Judge Eckels, who easily advanced to the front rank of his profession in Indiana, emigrated from Kentucky and was admitted to the bar of Putnam county in April, 1S33. In October following John C. Childs, another Kentuckian. was admitted to practice and in March, 1835, Edward \V. Mc- Gaughey, the son of Arthur ^IcGaughey. the clerk of the county, was likewise added to the roll of attorneys practicing in Putnam county.

The office of associate judge ha\ing been abolished James Hughes was made circuit judge for a period of six years, but having resigned before the expiration of his term. James M. ?Ianna and Ambrose B. Carleton in succession were appointed to fill the vacancy. In March. 1857, Judge Hanna. having lieen regularly elected in the preceding fall, resumed his place on the bench, but ere long he again resigned, whereupon Solomon Claypool was chosen to fill out the unexpired term. In April. 1865, Judge Eckels returned to the bench and served until October. 1S70. being succeeded by William M. Franklin, who filled out the remainder of Judge Eckels' term. In 1872 Solon

Turman was elected and continued to serve until his death in i88_'. Since Judge Tumian's death the judges of the thirteenth circuit, which includes Clay and Putnam counties, in the order named have been Sdas D. Coffey, Samuel AI. McGregor, Presley O. Colliver and John M. Rawley, the present incumbent.

When the county was first organized the probate business was transacted by the associate judges, but after 1828 a judge was appointed to take charge of all probate matters. The first one to officiate in that capacity was Joseph F. Farley, who, as appears from the record, served till the close of the year 1830. Judge Farley was born in Shelby county. Kentucky. April 15, 1791, and early in life joined an expedition against the Indians who had committed . the Pigeon Roost massacre in this state. Later he was a soldier in the war of 1812. serving in Richard M. Johnson's regiment in the battle of the Thames. An incident occurred after the latter engagement which in later years the Judge was fond of narrating. After the death of Tecumseh many of the white soldiers gathered about the body to secure some souvenir of the dead chieftain. One of the fomier called Farley aside and exhibited a piece of skin which he had stripped from Tecumseh"s back and which he coolly proposed to take home with him and use for a razor strop. The revelation not only shocked but aroused Farley. He denounced it instantly as a wanton, inhuman and barbaric desecration. "It is unworthy a brave soldier and especiallv a Kentuckian," he exclaimed angrily. " and if my comrades are so lost to all sense of decency and humanity as to mutilate the dead body of a fallen enemy, even though I have no authority to prevent it. I shall not look upon their hideous work." He was as good as his word and. deaf to all arguments, nothing could induce him to look upon the body of the dead Indian. When the office of county auditor was created Judge Farley was the first incumbent of the same, serving till November. 1855. In 183J he was associated with John C. Chikls in the editorship of The Hoosicr, the first newspaper ever published in the county. He died in Greencastle August 6. 1868. Judge Farley's successors in charge of the probate court were John Cowgill. George F. Watennan. Reese Hardesty and William Lee, in the order named. The last probate judge in the county was Robert Glidewell. who filled the position from May, 1846, until 1851. when the probate court, so-called, was abolished or superseded by the court of common pleas after the adoption of the new constitution. From the latter date until 1873. when the court of common pleas was also abolished by the Legislature, the following persons in the order named presided over that court: John Cowgill. Frederick T. Brown. William M. Franklin and Harrison Burns.

Some of the greatest lawyers in the state have at one time or another appeared in our courts and our local bar has always been held in the highest regard for its ability, skill and devotion to professional ethics. Thus far the records fail to show a single case of disbannent or the evidence of the betrayal of a trust. The following attorneys have, at various times, been practitioners in our courts: John Law, Hugh L. Livingston, Thomas F. G. Adams, Craven P. Hester, Cephas D. Morris, Moses Cox, Robert Glidewell, Joseph F. Farley, Henry Secrest, Delana R. Eckels, Tobed E. Beard. Henry C. Brown, Samuel Judah, James Farrington, Thomas H. Blake. Reuben C. Gregory, Richard W. Thompson, Amory Kinney, John P. L'sher, Edward W. McGaughey. Addison L. Roach, James M. Gregg, Christian C. Nave, David McDonald, Jonathan D. Harvey, Tilghman A. Howard, Joseph A. Wright. George L. Waterman. Joseph E. MclDonald, John Cowgill, Cromwell W. Barbour. Samuel B. Gookins, Oliver H. P. Ash, Thomas H. Nelson, Daniel W. Voorhees, Harvey D. Scott, Solomon Claypool, William A. Mc- Kenzie, Caleb B. Smith. Oliver H. Smith, James Whitcomb, John A. Matson, Russell L. Hathawav, Delana E. Williamson, James M. Hanna. William K. Edwards. John P. Baird. Isaac N. Pierce. Chilton A. Darnall. Columbus D. Seller. Plenry \V. Daniels. John C. Turk. John Hanna. Addison Daggy, Reuben S. Ragan. Diilard C. Donnohue. Justice S. Bachelder. James A. Crawley, William PI. Xye. Ruljert M. Crane. Milton A. Osborn. John S. Jennings. Alarshall A. Moore, James J. Smiley. Frederick T. Brown, Willis G. Neff. John Starr. Henry H. Mathias. James S. Xutt. Jonathan Birch. Weller P.. Smith. Gustavus H. Voss. William A. Brown, Courtland C. Matson. Joseph S. McClary, Henry I\[artin. Lucius P. Chapin, John R. Miller, Thomas Hanna. Granville C. Moore. Thomas Brannan. Tarvin C. Grooms. W'illiam S. Eckels. George .\. Knight. Silas D. Coffey. William W. Carter, Samuel McGregor. John M. Rawley. William R. Guthrie, Charles E. Matson. Allen T. Rose. George D. Peters, Curtis Compton. John R. Gordon, Silas A. Hays. Thomas T. Moore, John P. .\llee. Benjamin F. Corwin. John D. Reed. Henry C. Lewis. J(jhn H. James. James T. Denny. Charles T. Peck. R, P, Carpenter. Francis M, Lyon. William H, H. Cullen. Jackson Boyd. Theodore Crawley. James F. O'Brien, James P. Hughes. Alonzo F. Jacobs. William M. Sntherlin. C. C. Gillen. .Arthur Stevenson. George Blake, George M. Wilson, Charles Mc(iaughey and .\ndrew E. Durham.

County Clerks

The first clerk of Putnam county was Arthur McGaughey, whose term of service extended from the time of the organization of the county in 1822 until April, 1S43. His successors were William S. Townsend, who served till 1850; Jacob McGinnis. till 1859; Melvin McKee, 1867; Henry C. Priest, 1873; Milford-B. Rudisill, 1874; Moses D. Bridges, 1882; John W. Lee, 1890; Daniel T. Darnall, 1898; and John W. Houck, 1902. The present incumbent of the office is James L. Hamilton, who was elected in 1902.

County Auditors

Until 185 1 the duties of clerk and auditor were performed by one person, but after that the offices were separated. The first auditor was Joseph F. Farley, whose term expired in 1855. He was followed by Samuel Woodruff, who served till 1863 ; Elijah T. Keightley, till 1866; Henry W. Daniels, 1867; William S. Mulholn, 1875; Harrison M. Randel. 1879; James Edwards, 1883; McCamey Hartley, 1887; James L. Randel, 1891 ; George M. Black, 1895; William L. Denman, 1899; Peter F. Stoner, 1903; and Clement C. Hurst, 1907; Daniel V. Mofifett. the present incumbent, was elected in 1906.

The first sheriff was William W. Mcintosh, who. after a long period of service, was succeeded by George Secrest. Fielding Priest came next and served till 1836; David Rudisill till 1840; Edward R. Kercheval, 1844; Archibald Johnson, 1848; Joseph Collier, 1852; Joseph Siddons. 1854; Anderson Johnson, 1856; William L. Farrow, 1858; John R. ]Mahan. i860; William S. Collier. 1862; John McKee, 1S64; Green Burrow, 1866; John S. Applegate, 1867; Levi Woodaim, 1868; George W. Sherrill. 1872; James Stone. 1876; Closes T. Lewman, 1880; James Brandon. 1884; Leander L. Lewis, 1S88; William B. Vestal, 1892; Francis M. Glidewell. 1S96: Richard Buntin, 1900; John F. Cooper, 1904; David Maze, 1908; Frank M. Stroube. the present incumbent, was elected in 1908.

County Treasurers

James Talbott was the first county treasurer, having been elected to that office bv the countv commissioners in 1S28; James McAchran, Isaac Mahan,

Samuel Woodrutt and Edward R. Kercheval appear to have filled the office until 1855, when Isaac Wright was elected; Wright served till 1857, being succeeded by John Gilmore, who served till 1861 ; Samuel E. Parks, till 1863; James G. Edwards, 1865; William E. D. Barnett, 1867; Joseph B. Sellers, 1869; John Gilmore, 1871; Harrison M. Randel, 1875; Richard S. Farrow, 1879; Henry Hillis, 1881 ; William R. Grogan, 1885; Ephraim Tucker. 1889; Willard Bowen, 1893; George W. Hughes, 1897; James Browning, 1901 ; John Edwards. 1905 ; and Edward McG. Walls, 1909. The pfesent treasurer is Jasper Miller.

Originally the clerk performed the duties of the recorder of deeds also, but in 1836 a recorder was chosen in the person of William E. Talbott, who served as such till 1842, when David Rudisill took the office and filled it till 1850. William Lee succeeded him. serving till 1855; next William H. Shields, till 1859; CHnton Walls, 1867; John Crane, 1875; George Owens. 1879: Daniel Mahoney, 1887; Daniel Hurst, 1895; Benjamin Harris, 1903; Henry Blue. 1907: Lawrence Athey, the present incumbent, was elected to succeed Mr. Blue.

The following persons have performed the duties of surveyor: Joseph S. Patterson and Robert Glidewell from the date of the organization of the county till 1832; William H. Shields, till 1841 ; Samuel H. Catherwood, 1843; William H. Shields, 1854; John McClaskey, 1856; Lewis H. Rudisill, 1858; John McClaskey, i860; Lewis H. Rudisill, 1862; Harrison M. Randel. 1870: Philip Rudisill. 1872; Joseph Frakes, 1874; William H. Hedges, 1876; George Hendricks, 1880; Ransom H. Walls, 1886; James F. O'Brien. 1898; Arthur Plummer. 1903. Since the latter date Aleck Lane has been chosen to fill the office.

County Commissioners

Another court of quite as much if not greater importance than either the circuit or probate courts was the commissioners' court. From the record of its proceedings we learn much of the earlier history of the county. L'nfortunatelv for us. however, as explained in a former chapter, the record from the organization of the county in 1822 until 1828 has been lost or destroyed so that we must accept as true some things during the period named which can not be verified by the highest grade of proof known to the law, viz. : a written record made at the time the action or transaction took place. Beginning with 1828. however, the record is complete and as no better idea of the nature and extent of the county's development can elsewhere be obtained the liberty will be taken to reproduce here, although without attempting to conform to any particular order or arrangement, such items as will tend to afford us the required light. In May, 1828, the business of the county was intrusted to what was called the board of county justices. It consisted at that time of sixteen justices of the peace as follows: John Hubbard, who was the president; George Mcintosh. Eli Brackney, William Elrod, Alexander Galbreath. John Denny, John Swift. Arthur Mahorney. Peter Gilstrop, Thomas Heady, Benjamin Wright. William McCarty, John Reel, Joshua Gillet. David Lindley and David Swank. Their first act after convening May 5. 1828, was to elect a county treasurer. But one ballot was taken, resulting in the election of James Talbott. who received eleven votes as against five cast for Isaac Ash. Pleasant S. Wilson was appointed keeper of the public pound, at fifty cents per day, and the clerk was authorized to issuelicense to David Rudisill and Philip Carpenter to "retail spiritous liquors and vend foreign merchandise"' for twelve months. One item in the record for this term will serve to indicate not only the style of architecture then in vogue but the county commissioners' idea of art as follows : "Ordered that the plan of the painting of the first and third story of the cupola of the court house be changed from red to white." The board also fixed the rate of taxation for county purposes, the same to be : "Twenty-five cents on each poll ; horses, twenty-five cents; oxen, twelve and one-half cents; gold watches, one dollar; silver watches, twenty-five cents; brass clocks, one dollar; town lots, fifty cents on each one hundred dollars; pinchbeck watches, twenty -five cents." At the January term in 1829 it was "ordered that John F. Seller be allowed the sum of four dollars for dieting ( ?) prisoners, etc."'

The First Court House

We have already seen that as late as 1826 the circuit court met at the house of Joseph Orr on the north side of the public square. After that, there being no further mention in the records of the court having met at a private house, it is presumed that the county had, meanwhile, erected some sort of a court house; but what style of building it was, how large, what it cost or when completed cannot now be determined for the reason, already mentioned, that the records of the county commissioners' court prior to 1828 are not on hie.

At the September, 1828, term of the commissioners' court we find an order that "the agent of the county be and he is authorized to pay over as fast as he can collect, the money that may become due to Amos Robertson on the last payment on the court house contract," and at the May term, 1829, a committee consisting of John Reel, Eli Brackney, Alexander Galbreath, Isaac Alahan and John Denny make the following report: "We, the undersigned, being your committee appointed to examine the situation of the court house, have proceeded to examine the same and beg leave to report that we find the same in an untinislied situation." The committee was further directed to meet in Greencastle on the "first Saturday in June next to settle with Amos Robertson ; to estimate the amount of money that may probably be expended on the court house during the present year; to engage workmen on the best terms to finish the house and to make any necessary arrangement in relation to the partial or total continuance of the work." Meanwhile it would seem as if Robertson had failed to complete the building or in some other way had defaulted in his contract for. in July. 1829. the record shows that the commissioners enteretl into a contract with Arthur McGaughey who for six hundred ninety-nine dollars and ninety-three cents had agreed to finish the court house by September, 1830. Of this sum, one hundred fifty dollars was advanced to McGaughey before the close of the July term. Among other orders issued by the board at this session was one appointing Isaac Mahan "agent for the management of the Publick Spring," with authority to contract with Charles Secrest for clearing ofif the timber from the lot and sowing it in blue grass and "when the same is done said Charles shall be freed from any right of action that may heretofore have accrued to the county by any trespass heretofore by him said Charles done on said lot."

Meanwhile, the court house committee at the September term, 1829, appear and report the court house "complete with the exception of one Venetian l)lind in the northwest corner of said house - upper window," and at the January term in the next year it is "ordered that Amos Robertson be allowed three hundred fifty- four dollars and forty-four cents so soon as the board finds the treasurv' able to discharge the same." Although the county now had a court house, yet it soon became too small and inadequate for the growing business of the new community. Within two years it was found necessary to erect a separate building for the use of the clerk and recorder.

At the May term, 1833, the records show an order directing that "the clerk's office be built ten feet west of Indiana street and ten feet north of Washington street fronting west." At the November term in the same year it was ordered that "the clerk's office be removed to the south end of the building erected for that purpose and that the recorder's office be removed to the north end of the same building forthwith, that the work on the inside thereof be received by the board and that Isaac Mahan be allowed one hundred dollars for work done in erecting said offices." Prior to this the clerk's office was in private quarters, for we find an order directing a payment to John Hammond of "twelve dollars and sixty-six and two-third cents for house rent for clerk's office." That even after the erection of the new building for the clerk's office there was more or less friction is shown by an order made at the November, 1835, tenn of the commissioners' court, directing "that the two rooms heretofore built for the use of the clerk and recorder of this county be from this time forward considered as a clerk's office only and that the clerk fix the same to suit himself at his own expense." A year following this entry appears in the record : "The order heretofore issued allowing the clerk the use of the recorder's office is hereby rescinded and the recorder is informed thereof and directed to remove the books and papers of his office to said room."

Meanwhile the entries in the record at this period relating to the matter of a court house are more or less confusing - so much so, in fact, that it is difficult to determine whether they relate to a court house built before 1828 and left unfinished or to a new building then under construction. For instance at the November term. 1833, it was "ordered that Thomas Gibbs be allowed thirty-five dollars for work done plastering the court house." At the March temi, 1834, it was further ordered that John Cowgill be appointed to take charge of the court house and see that it sustains no damage from any quarter whatever and that for the purpose aforesaid he is authorized and required to take the kevs of said house and to incur any small expense in securing the windows and doors." Again at the September term in the same year it is recorded that "the committy after examining the plastering of the court house do think the plastering strong and that it ought to be and by the full board is received and that Thomas Gibbs be allowed a further payment of sixty-five dollars on his contract." At the November term, also, in the same year Isaac Mahan, Peter \\'. Applegate and Pleasant S. Wilson were appointed a "committee to contract with competent persons to repair the court house, that is to sav, the window blinds, window glass and window bolts so as to secure the windows inside from being opened outside and the doors also, together with the repairs of the chimneys."

Erection Of A Jail

In Noxeniber, 1836, Isaac Mahan, Wesley White and Hudson Brackney were directed to superintend the "building and erecting of a new jail with power to act in their sound discretion." In May. 1840, the "conmnttee on erection of new jail for Putnam county" report that they have contracted for the erection of a building thirty-si.x b\' twenty-se\en feet siiuare. of brick and two stories high, the "debtor's room to be furnished strong and plain, with fire-place and substantial oaken door. The criminal room to be built inside the brick wall, with oak timl^er nine inches si[uare. One iron door and one oak door, one and one-half inches thick - flooring throughout of oak." Samuel Taylor and James M. Grooms w ere appointed superintendents. The record does not indicate precisely when the new jail was completed, but at a session of the commissioners' court in December. 1841. it was reported that the edifice was insecure, whereupon it was "ordered that the inside be lined with two-inch oak plank and that iron ijars be placed around doors and windows of the thickness of one-half inch and in width four inches. The planks spiked with wrought-iron spikes five inches long - the bars around the doors and windows to be counter-sunk to the heads of the spikes." John S. Jennings was appointed superintendent and an order was made to sell the old jail, the proceeds to be applied to fence around jail lot. A large jail was unnecessary, for on examining the records of the twenty-eight criminal causes tried in the spring of 184J, we learn that fourteen of them were for unlawful sale of liquor, si.x for horse racing, four for assault and batterv, one for carrying concealed weapons and three for gaming.

For several years after the organization of the county there was no central place to which the indigent poor or those who were charges on the public could be taken, but in Januan,', 1836, the commissioners decided to provide an asylum for such cases and to that end purchased of Henry Batterton a farm in Marion township, which is still owned by Putnam county. In March James Mc.Xchren, John Duckworth, John Collings and Anderson B. Mathew s were appointed a committee to superintend the construction of neces- buildings thereon. The record further states that Daniel Chadd was appointed visitor to the poor farm and that his duties were to make suggestions from time to time to the county Ix^ard regarding the management thereof. William Patrick was engaged as superintendent at thirteen dollars per month and Dr. William E. Talbott as phvsician. (5)

A New Court House Needed

As the population and business of the county continued to grow the public buildings soon became more or less inadequate. At the March term, 1844, of the countv commissioners' court a motion carried appointing a committee consisting of one justice of the peace from each township to inquire into the probable e.xpense of erecting new offices for the clerk, auditor and recorder, to be made fire-proof of adequate size, etc. The committee consisted of the following : L. B. Harris, Washington township ; J. L. Merrill, Warren ; D. Scott, Jeff'erson; A. Van Dyke, Marion; John Miller, Greencastle; Levi Mann, Madison; Caleb C. Osborn, Clinton; Dillard C. Donnohue, Monroe; A. B. Mathews, Floyd; William M. Saunders, Jackson; Thomas Miller, Franklin, and John Leaton, Russell. This committee at the June meeting reported that the existing clerk's and recorder's office were reasonably "fire-proof and that further expense upon said office would be improper." The matter of new or improved facilities for storing and caring for the public records - in other words the project of a new court house - was thus laid aside for the time. But it did not slumber long, for in 1846 at the March term of the commissioners' court, Delana R. Eckels moved the adoption of the following resolution : "Resolved, That it is the duty of this board to take some preparatory steps toward the erection of a sufficient court house for the transaction of public business, and the convenience of the people of Putnam county." A spirited and somewhat acrimonious argument followed, but on the call of the aves and noes the new court house partisans were successful by a majority of seven as follows : Ayes - James Athey, Lloyd B. Harris, Thomas Shipman, Thomas Morris, William McKinley, John S. Jennings, William W. Berry, John Miller, Samuel Adams, Caleb B. Osborn. James Johnson, Joseph Albin, Stacv R. Youn-^man, Dillard C. Donnohue, James L. Boyd, James B. Wilson and John Leaton. seventeen. Noes - John M. Purcell. Curran E. Swift. David Barnes, Isaac Hurst. Ouinton Van Dyke. Robert Case, William Perkins, William Sanders. Thomas Miller and Sylvester \V. Perry, ten. The board thereupon appointed John K. Dawson, John Reel, Francis Dunlavy, William Arnold and Xorval F. Kennedy a committee to prepare plans and receive bids for the material and for the construction of a court house. The record further shows that at the September term, 1846, on motion of John S. Tennino-s, it was ordered that the new court house to be built should be sixtyfi\-e feet long and fifty feet wide and that the cost should not exceed eight thousand dollars. It was further ordered that Elisha Braman be authorized to prepare a draft or plans of the new structure, the same to be deposited with the auditor, who should give public notice that bids for the erection of the building would be received on the second day of the December term. Braman's plans were accepted and the board thanked him and made him a small allowance, \^'hen the bids were opened on December 9th it was found that Elisha .Adamson was the lowest bidder, his figures being eight thousand five hundred dollars. He was duly awarded the contract, with George K. Steele and John Sunderland as his sureties. The old court house was at the same time sold for one hundred fifty-one dollars to William S. Collier, who was required to remove it before the following June. Isaac Mahan was appointed superintendent of constmction. During the erection of the new building it was "ordered that the several courts be held in the county- seminary and the county clerk establish his office in some suitable room on the pubHc square." The construction of the new building was, therefore, begun about July, 1847. At the December term of the commissioners' court, contractor Elisha Adamson presented the following report of his operations up to that time:

At the Alarch, 184S. term of court it was ordered that contractor Adamson be directed to omit the vaults marked in the draft under the stairways in the court house, he having agreed to deduct from the amount of his original contract the sum of twenty- four dollars in consideration thereof. The board also agreed to receive "the brick pilaster caps when well plastered with water lime cement instead of the wooden caps ordered in the original specifications." At the June temi, 1S48, it was ordered by the board that Elisha Adamson be instructed to varnish the judge's seat in the new court house, provided it costs no more than the painting would cost if done according to contract." Also that Isaac Alahan, Samuel Emerson and Abraham Moore be "authorized to superintend the completion of court room, to procure three dozen round arm-chairs for court room, three dozen painted split-bottom chairs for grand and petit jury rooms and procure a carpet." September 4, 1848, the board met in the county seminary building. ''Elisha Adamson receipted for two thousand si.x hundred sixty-four dollars and ninety-two cents in full for balance due on court house contract, and announced that the court house was complete and officers authorized to move in as soon as practicable." Isaac Mahan and Joseph Collier appointed a "committee to grade the court house yard, furnish suitable stoves and pipes and have rock fixed under conductors to carry off water, also to sell old clerk's and recorder's office for the best possible price."' December 5, 1848, "ordered that sheriff have authority to rent for an office one of the jury rooms below in the court house to William A. McKenzie." On March 6, 1849, "ordered that common council of Greencastle and their officers may use middle room on west side of the court house below the stairs, when unoccupied by court or juries, for fifty cents per month." June 5, 1850, John Cowgill, James Jones, Clinton Walls, William Albin, Samuel M. Dyer, James Sill and John S. Jennings appointed trustees of county library-. Clinton Walls as agent to collect scattered volumes and replace in library. The library to be for the present in middle room, west side down stairs, of court house." September 4, 1S50, "ordered that middle room down stairs on west side of court house be rented to Chilton A. Darnall for law office at one dollar and twenty-five cents per month, and northwest corner room below to Delana R. Eckels at the same rental."

The court house was now complete and no longer the occasion for the fruitless and irritating controversy which its construction awakened. A plain but classic structure, with massive columns at either end, it stood for years, like some mute sentinel, o'ertopping every other building within its view. Larger and more capacious than necessary, its builders nevertheless looked beyond their needs and builded for the future. And lo, the future was not far away, for within fifty years it was found to be greatly inadequate and unsuited to the new century's requirements. To dwell on the development of the beautiful and artistic structure which now graces our public square would be an unnecessary repetition, for every school boy knows its history and almost every one, "citizen and sojourner" alike, saw it but a few days ago rise majestically from a heap of earth and sand and shapeless rock to a graceful and prepossessing combination of steel and glass and sculptured stone.

The Present Court House

The first step towards its construction was an act of the Legislature of 1901. introduced by our representative, Hon. John H. James, which authorized a special election in the county on the proposition of a court house building at a cost of not e.Kceeding one hundred and fifty thousand dollars. The election was held in 1903 and by a ver)' significant and substantial majority the voters fa\ored the court house. A board of construction, consisting of the three county commissioners, T. D. Brookshire, V. B. McCammack and Samuel H. Judy, and three other well-known citizens, George W. Hanna, James McD. Hays and James L. Randel, was organized and to their viligance, firmness, honesty and good sense do we owe much of the success of this great enterprise. After e.xamining many plans, they accepted those prepared by J. W. Gaddis. an architect living in Vincennes. On July 29, 1903, a contract to erect the building was made with Caldwell & Drake, of Columbus, Indiana, and as soon thereafter as the old building, which was sold to Andrew Black and James B. Nelson for twenty-seven dollars, could be removed the new one was begun. The comer stone was laid October 29, 1903. and the building completed and dedicated July 4, 1905. A bronze memorial tablet on the wall of the rotunda fi.xes the cost of the building at $144,977.13 ; heating plant and sewer, $17,385.69: furnishings, S13. 366.60, or a total of $175,729.68.