Shelby County, Indiana - Chapter 8, 1887

Chapter 8

Bench and Bar - First Courts - Adoption of Seal - Riding the Circuit - Early Causes - Miscellaneous Items - Admission of Thomas A. Hendricks - Early Judges - Courts Under the New Constitution - Later Judges - Common Pleas Courts - Resolutions of the Bar - List of Prosecutors and Judges - Roll of Attorneys.

""N Gxevy community the Attorneys and Judges of courts form the most conspicuous class of its residents, and a brief history of them cannot fail to be of interest. The account here given, pertains more to the individuals than to the transactions of courts, although some of the incidents pertaining to the methods and acts of the court are interwoven with the narrative. The history of the Shelby County Bar is of more than ordinary interest, and its roll contains some of the most distin<>-uished names in both State and National affairs. The Circuit Court has from the first been the principal medium of administering justice in Indiana. On this account the records of that court are taken as the basis of this chapter. The other courts will, however, be mentioned in the course of the work. The lirst session of the Shelby County Circuit Court began on the loth of October, 1822. In conformity with the act of the Legislature creating the count}-, the court met at the house of David Fisher. John Sleeth and WilHam Goodrich presented their commissions as Associate Judges, signed by Jonathan Jennings, as Governor of the State. Hiram Alldredge was Clerk and Sevier Lewis, Sheriff. After all these were properly (|ualiiied by taking the oath of ofhce, the business of the court began.

The first motion in the court was made by Hiram M. Curry, asking that he, with Charles H. Test, Calvin Fletcher, James Dulany and John A. Brackenridge, be admitted to practice as attorne3'S and counsellors at law in this court. The record then says : " On producing their licenses from under the hands of two of the President Judges of the State of Indiana, permitting them to practice in all the Circuit and Inferior Courts of t]ie State," and " after being duly sworn to support the Constitution of the United States and of the State of Indiana, and to demean themselves as attorneys and counsellors at law to the ' best of their understanding while practicing in this court, thereupon are admitted to practice as attorneys and counsellors at law in this court." "The Sheriff of said county having satisfied the court that he has provided a more convenient house than the one at which the court convened * * therefore it is considered by the court that they adjourn to the house of John Summers, in the county aforesaid. Now the court met and opened at the house of John Summers agreeable to adjournment."

Hiram M. Curry was appointed Prosecuting Attorney, and the following named persons were returned by the Sheriff as Grand Jurors: Willis Law, John Oldham, Hiram H. Lewis, Reuben Penwell, George Goodrich, Abraham Jones, Lewis Hendricks, John Kenaday, Sq. Huntington, James Campbell, Benjamin Raster, Moses Blood, James Mclntire, George Cutsinger, James Davidson, Elisha Mayhew, Peter Dewett and Shubel Coy. Of these the following appeared: Willis Law, George Goodrich, John Kenaday, Benjamin Raster, Moses Blood, George Cutsinger and Peter Dewett. The panel was filled with the following talesmen: James Gregor^-, Jesse Beard, Able Cole, Henr}' Shearer, Zadock Plummer and Zachariah Collins. James Gregory was appointed foreman, and under the charge of Jacob Fox as bailiff the jury retired to deliberate on presentments and indictments.

In the afternoon of the same day an indictment was returned against William Welch for assault and battery. This concluded the business for the first day's session of the Shelby Circuit Court. On the following day another indictment for assault and battery was returned against John Greer. There being no further business before the Grand Jury, it was discharged. On being informed by WilHam H. Sleeth that James Wilson was a man of unsound mind, the court ordered the Sheriff to summon a jury of " twelve inteUigent, disinterested men," and inquire into the sanity or insanity of Wilson. Upon a verdict of insanity by the jury, the court appointed John, James and Francis Walker his guardians.

The following adoption of a seal for the court is something of a novelty in the line of seals. The order reads as follows : " Ordered by the"^ court that there be a seal devised, which seal shall be of the following description : Twenty-five cents in silver is stamped on a white piece of paper, notched around the edges with sealing- waxunder."

" And now comes Abel Summers into court with a petition for tavern Hcense. The court being satisfied with said petition, therefore it is ordered by the court that Abel Summers aforesaid obtain a license for keeping tavern and retailing spirituous liquors, and that he pay the sum of $io, as a tax for said license for one year. " With commendable attention to their pecuniary interests the following allowances were made: Each Grand Juror, 75 cents per day; the Associate Judges $6 for their total services. Hiram Alldredge and Sevier Lewis, were allowed $15 for extra services in criminal causes for the year.

So ended the first session of the Shelby Circuit Court. There was no Presiding Judge present during the term, and all the business was conducted by the Associate Judges.

The courts then were differently organized than they are now» Then one Judge who was " learned in the law " held court in a large number of counties, and in each there were two Associate Judges, elected from among the citizens, who occupied the bench with the Presiding Judge.

The second term of the Circuit Court began on the ist day of May, 1S23, at the house of Hiram Alldredge, in Shelbyville. At this time the Hon. William W. Wicks appeared as President of the Fifth Judicial Circuit, and of the Shelby Circuit Court. On his commission was indorsed his oath of office, to the effect that he would faithfully discharge the duties of his office; that he had not, since the first day of January, 1819, either directl}' or indirectly, given or accepted, or knowing carried a challenge to an}^ person or persons to fight in single combat with any deadly weapon, either in or out of the State of Indiana, and that he will not do so during the continuance of his term of office.

Those were days when dueling was yet in vogue for the settlement of private differences, but the tide of public opinion had set against it. A law had been passed making any person who had sent, accepted, or knowingly carried a challenge to fight in a duel ineligible to hold the office of Judge.

James Raridan, Oliver H. Smith, Philip Swatzer, James T. Brown and Abel Cole were admitted to the bar as attorneys and counsellors at law. This made a total of ten who had been admitted to practice law, while but two cases were yet upon the docket. It was customory then, and continued to be so for many years afterward, for the leading attorneys to ride the circuit with the Presiding Judge. On the day set for the court to begin, or on the day before, the Judge, accompanied by from one to half a dozen or more attorneys, would ride into the country town, all on horseback, and with large old-fashioned saddle-bags thrown over their saddles filled with law-books. Litigants having suits in court seldom en- gaged their legal assistants until the lawyers came, and then made their choice. The Judge and attorneys generalh' put up at the same hotel, and however sharp or embittered may have been their legal engagements during the day, the evenings, sometimes extending far into the night, were spent around the hotel sitting-room in the best of friendship and good feeling, which, at the close of the term, very often degenerated into a drinking bout, in which Judge, attornevs and court officers became "too full for utterance."

The two indictments against William Welch and John Greer, for assault and battery, were quashed at the re(juest of the Prosecuting Attornev. The first civil cause that appears upon the docket was entitled : Thomas Lawrence, John F. Lawrence and Thomas G. Casey, partners, etc., vs. Able Cole and Moses Blood, partners, etc. The action was in assumpsit, a style of proceeding that has disappeared bv that name under the code practice of the new constitution.

John N. Calvert, a subject of King George the Fourth, of Great Britain and Ireland, declared his intention to become a citizen of the United States.

The adoption of a new seal for the court reads, " The following devices, to-wit : around the edge the words, ' Shelby County Seal, Indiana, ' an eagle perched upon a lion, the impression of which seal is in perpetual testimony of its adoption. " The seal was undoubtedly devised by some patriotic American citizen who had not -Vet allowed his enthusiasm over the termination of the War of 1S12 to subside. The triumph of the American Eagle over the British Lion, is a verv distinguishing feature of this early seal of the county.

The Grand Jury returned indictments against Bennett Michael Joseph Hunt and Adam Roads, for assault and batter}-, and one a<Tainst Stephen Vail for retailing without license. The jury was then discharged with an allowance of 75 cents each.

Abel Summers appHed for a writ of ad qiiod danuiuin and the Sheriff was ordered to summon a jury where Summers was building a mill on part of the east half of the southeast (quarter of Section 8, Township 13, Range 7, and the west half of the southwest quarter, of Section 9, same township and range, on Blue River. It was the duty of the jury so summoned to determine what, if any, would be the damage to the land owners along the banks of the stream caused by erecting a dam for the purposes of a mill. This was the method of estabhshing a mill seat in the early times, but steam has done away with the old fashioned water mills to a large extent.

In theearly history of the county two terms of court each year were sufficient in which to dispose of the legal business that came up for the determination of the court. These terms were held in

Mav and October. At the October Term, in 1S23, Daniel B. Wick, Bethuel F. Morris and Edg'ar C. Wilson, were admitted to the bar. Calvin Fletcher was appointed Prosecuting Attorney, and the court adopted rules governing the practices in the court. The Grand Jury returned three indictments against John Greer for larceny. On one of these he was tried by a jury and found guilty. He v\-as sentenced to a tine of ^17 and one year at hard labor in the State's Prison at Jeffersonville.

This was the first jury trial in this court, and the jurors were : Benjamin Applegate, David Brown, William Cotton, William Hefflin, John Andrews, Jeremiah Campbell, Joseph Hewitt, Eber Lucas, Adam Roads, James Da^-idson, Arthur Major and Henr}- Gatewood. Greer was defended by Daniel B. Wick and Edgar C. Wilson. This was the first judgment imposing confinement in the State Prison, passed in the county. Shelby County justice was neither asleep nor negligent when offenders of the law were at the bar. William D. Smith and Bennett Michael, were fined for contempt of court, and the Shelby County Seminary Fund was augmented thereby.

In the first civil cause, already mentioned, between Lawrence et al. and Cole et al., the jury found for the defendants. This was also the first civil trial in this court. Greer, on being tried on one of the other indictments, was ac(|uitted.

The next term convened in March, 1824, at the house of Benjamin WiUiams in Shelbwille. Williams had been licensed to keep a tavern about a year before this and the court was doubtless keeping in mind the conveniences of itself and the itinerant attorneys. It will be somewhat suggestive when it is remembered that the "taverns'" of those days were not famous for following the rigid rules of prohibition. Gabriel J. Johnson, Harvey Gregg and Hiram Brown were admitted to the bar as attorneys.

At this term the Commonwealth of Kentucky appeared as plaintiff in a writ of foreign attachment suit against Jabe Moore, ^executor of the will of William Bledsoe. The cause was continued for publication which was to be made in the " Western Censor and Eniigranfs Guide, a public newspaper and one of general circulation, printed at Indianapolis."

On the charo-e of beo'ettinii; an illeo-itimate child Arthur Morgan was compelled to pay the overseers of the poor of Jackson Township the sum of $4 per month.

The President Judge after some severe criticism on a portion of the clerk's records says : " The records in the order-books have been as well kept as could be expected considering the manner in which the sessions of court have holden, surrounded by noise and confusion and in the bar room of a tavern."' This reads a little queer to one of the present da}'. He recommended that " a full round mechanical execution be adopted, that the good old fashioned technical language be adopted as much as possible and that particular attention be paid to orthography."

The next term of the court began on the i6th day of September, 1824, and was still held at the house of Benjamin Williams. The Grand Jury roll at that term, contains a number of names that were among the earliest as well as the most influential of the county. They were: Jacob Crick, John Wallace, Bennett Michael, Jacob Hartez, Jesse Scott, William Morris, Andrew Derickson, Joseph Allen, Ebenezer Cross, John Hendricks, Andrew Gwinn, Solomon George, David Winterrowd, Daniel French. John Foster, John Bone and Justus Farris. John Hendricks was appointed foreman. Henry Gregg produced his commission as Prosecuting Attorney for the Fifth Judicial Circuit of Indiana.

The Grand Jury returned two indictments against Benjamin Williams for retailing spirits. One was for selling to David Winterrowd, a Grand Juror. John Greer seems to have been still abroad in the land, notwithstanding his sentence to labor in the State Prison, for there are two new indictments returned against him, one for affray and one for assault and battery. This was the last term of Judge Wick upon the bench, during that term of his office.

In March, 1825, Hon. Bethuel F. Morris, assumed the duties of President Judge of the Fifth Circuit. William W. Wick, Joseph Vanmatre and James Braman, were dulv admitted to the bar. At this term Joseph Dawson succeeded William Goodrich as ssociate Judge.

The first divorce case appears upon the docket at this term. It is entitled: Elizabeth Johnson z'5. James Johnson. Elizabeth was granted a dissolution of the bonds of matrimon}- and $130 alimony. In September, of that year, Chancy H. Burr was sentenced to one year, hard labor, in the penitentiary on a charge of larceny.

Until the September term, 1827, court continued to be held at the house of Benjamin Williams, but at that time the record says it met in " the Court House in Shelbyville." In March, of the following 3'ear, the trustees of the school in Shelbyville, were allowed $4 for court room.. This would indicate that court was held in the school house. This same allowance continued for several terms thereafter.

At the March term, 1829, new rules were adopted, the last two of which read as follows: " 19. When attorneys wish to engage in wrangling, personal abuse and recrimination, they will retire from the court room or submit to punishment by fine, imprisonment or suspension at the pleasure of the court. 20. As the court sits for the purpose of administering justice, the}' will with patience and pleasure listen to any argument or authority that wall in the least degree aid them in the discovery of truth or the detection of fraud. But they will not unnecessarily consume the time of persons and witnesses, and increase the public as well as the individual expense by listening" to mere idle declamation or popular harangues made with other views and for other purposes than the investigation of truth and advancement of justice." Both - of these rules were soon expunged, most likelv in accordance with indignant recjuests of the bar. The last rule smacks loudly of an electioneerino- " dodge."

In September, 1830, Lewis Barlow made proof in court necessar}' to obtain a pension under the United States laws for Revolutionar}' soldiers. This law was passed in 18 18, and provided that the poor persons who had been in the service during the Revolution, that were without property or other means of support, could obtain a pension bv making the proper proof in a court of record. He must have two persons make the affidavits with him, at least one of which should be a minister of the gospel. They were re- (juired to schedule all their propertv and to state the number of persons in their family that were dependent upon them for support.'

MisceUaneotis, Items. - In March, 1831, Cyrus Fultz was sentenced to one year in the Penitentiary, on a charge of larceny. At the same term Stephen Major declared his intention to become a citizen of the United States, and renounced his allegiance to the King of Great Britain. He was a native of Ireland, born March 25, 1810, and came to America in 1829. He was certified of record a few days later as a man of good moral character, a proceeding that was necessary then before he could be admitted to the bar as an attorney.

The jail bounds for the county were limited to the inlots of Shelbvville. In March, 1832, S3'lvan B. Morris succeeded Hiram Alldredge as County Clerk. Barnet Snider, on a charge of assault and battery, with intention to commit a rape, w^as sentenced to two years in the State Prison at hard labor. At a special session held in January, 1834, John R3'an was convicted of larcenv, was fined $100, and given six years in the Penitentiar}'. In September, 1834, a judgment was rendered in favor of Homer Brooks against Samuel Brown and Noah Noble. The last was Governor of the State. A little later than this the publication of notices was made in the Iiidhiia yoiiriial. In August, 1841, the Lawrenceburg, Indianapolis Railroad Company was party to a number of cases for obtaining the right of way over property. This was the first

Bench And Bar

Railroad litigation in the county. Joseph Montgomery was convicted of larceny, and sentenced to seven 3-ears' hard labor in prison, lined $50 and disfranchised for ten years. Daniel Hartlv received a verdict ofthree years and $25 for burglary.

Judge Morris had been succeeded b}^ Judge Wick, in 1835, and the latter by James Morrison, in August 1S39. These, of course, were the President Judges.

At the February Term, 1S43, Hon. WilHam J. Peaslee assumed the duties of President Judge of the Fifth Judicial Circuit. His associates on the bench were, Ira Bailey and Thomas Gotten. The term began on Thursday, the i6th of February-, and among the proceedings of that day appears the following record:

" On motion of Mr. O'Neal, Edward Lander, Thomas A. Hendricks and James Harrison, are admitted attorneys and counsellors at la\\- at the bar of this court; and the said Edward Lander, Thomas A. Hendricks and James Harrison, here now in person, take the several oaths required by law as such attorne3-s and counsellors at law."

Such is the simple record of admission to the bar of one of America's foremost men, Thomas A. Hendricks. Lander and Harrison, who were admitted at the same time, were also residents of Shelbyville. James Harrison is vet a practicing attorney at this bar. None could come more prominently into public favor as an advocate, and the records show that from the beginning he was one of the foremost lawyers of the county.

In February, following, he was appointed by the court to defend criminals who were too poor to hire an attorney. The first one that appears of record was against John Thompson, who was sentenced by a jury to thirty days in the County Jail, a fine of one cent, and was disfranchised for one year. For defending in this case, the court allow'ed him $10.

" And now comes into open court, Abraham T. Hendricks, and resigns his appointment as Examiner of Common School Teachers. And thereupon the court appointed Thomas A. Hendricks, M. G. Reeves and Nathan Powell, Examiner of Common School Teachers for Shelb}' County."

It is probable that this is the first public office to which he was ever appointed, and how he gradually ascended to the highest place, in the estimation of a mighty people, is familiar to even the school boys of the land. An extended biographical sketch of Mr. Hendricks, appears in this volume in another place.

Grand Jury, was probably one against Joseph Gonzales at the August term, 1850. The fact that twenty-eight years of the county's history passed away without a crime of this kind, is hi<rh eyidence of the character of the early settlers that came to Shelby County. There had been a few indictments for assault and batter}^ with intent to kill, but the defendants were each time acquitted of the intent. But the old saying, that misfortunes never come sincrly, seems to haye been yeritied at that time, for a large number of indictments followed this in rapid succession. An acquittal followed in each case except that against George Bixler, who was found guilty of mm^der in the second degree, or rather manslaughter, and was sentenced to two years in the penitentiary. In August, 1845, the Grand Jury seems to haye been a specially yirtuous one. At that time there were returned seventy-two indictments for gaming, seven for assault and batter}-, four for affra}-, besides a number of others for violating the liquor law and disturbing lawful assemblies.

Judge Peaslee continued to preside in the Circuit Court until 1850, at the expiration of his regular term. In February, of that year he was succeeded b}' Judge Wicks, who thus for the third time became President Judge of the Shelby Circuit Court. Judge Wicks remained upon the bench until the new constitution brought about a complete change in the Indiana Judiciar}'.

Character oj Early yiidgrs. - At this point it \\'\\\ probabh' be well to take a retrospective view of the early judges that presided in the Shelby Courts. The new constitution marks a distinctive era in the judicial affairs of Indiana, and a pause can properly be made here to take a farewell view of those early ministers of justice in the country.

William W. Wicks, \\\\o was the first President Judge of the Circuit, then known as the Fifth District, was for many years a resident of Indianapolis. Few men were better adapted to the impartial administering of justice than Judge Wicks. His mind was well stored with the principles of law, and he possessed the faculty of applying the law to an}- combination of facts, no matter how intricate, with almost unerring accuracy. His intellect was of the hiii'hest order, and this combined with the unusually tine physique which he possessed, made him a man of irresistible qualities. During his time he was one of the leading men of the State. For a time, it is said, he held the office of Postmaster at Indianapolis. Late in life he moved to Franklin to make his home with a daughter, where his death occurred.

Bench And Bar. 56 1

his predecessor, he is yet remembered by the earliest attorneys as one of superior abihty, and an ornament to the bench he so'loni,^ occupied.

James Morrison first assumed the duties of Judge in the Shelby Circuit Court at the x\ugust term in 1839. Like his predecessors, he too hved in Indianapolis, where he took high rank as Judge, business man and citizen. He was an accomplished gentleman, an able lawyer, and a superior Judge. For a considerable time he is said to have been President of the old State Bank, which was one of the best conducted institutions of its kind in the United States in its da}-.

When in February, 1S43, William J. Peaslee became President Judge, Shelby Count}', for the first time, was honored with the residence of its highest judicial officer. At that time he had been practicing at this bar for a period of ten years during which he was a constant resident of Shelbyville. He had acquired an extensive practice for that day, and that, too, in opposition to the more weighty and successful practitioners from Indianapolis, and other points, who '- rode the circuit " as was the custom then. Judge Peaslee remained upon the bench until 1850. During his term the business of the courts in this countv rapidly increased and from two terms a year the number was increased to four. As a judicial officer he was not above the average. His mind was of that active kind that nearl}- always took a position on every question at the first statement of it. In consequence of this his decisions were often partial without any intention on his part that they should be so. He was a man of strong convictions and his ideas were freely and publicly expressed. The natural bias of his mind contributed to make him a better advocate than Judge. After retiring from the bench, he again resumed the duties of practice and continued that for several years. He later took up his residence at another place, but late in life returned to the scene of early successes.

The third term of Judge Wick in this count}', immediately succeeded that of Judge Peaslee. Under the old constitution the Circuit Judges were elected by the Legislature, and at that time there was considerable talk of electinc^ Thomas A. Hendricks to the place in this circuit. But Judge Wick was too well and fa\'orably known to be easily defeated. His abilities, too, in that direction had been tested while there was probably some hesitancy in trying the somewhat youthful attorney. Judge Wick remained upon the bench until the ratiiication of the new constitution.

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

One distinctive feature of the change was the abolishment of the ollice of Associate Judge. This was an office more for ornament than for utility. The Circuit Judge then held court in several counties, and in each he was assisted by two Associate Judges, who resided in the county. They were men that seldom, if ever, had any knowledge of the law and their decisions usualy followed in harmony with the President Judge. At this time, however thev folded away their ermine and took their final leave of the Indiana courts, leaving the task of supporting the scales of justice to a single judge.

yohn Doe vs. Richard Roe. - The present, code practice in Indiana, has been in operation since May 9, 1853. Under the old system mamy relics of feudal times were still lingering. Several fictions of the ancient common law were still retained, but under the new code the methods of pleading were much simplified and the fictions were all abolished. Thenceforth all actions were to be prosecuted and defended in the names of the real parties. It was at that time that the famous mythical personages John Doe and Richard Roe were forever banished from the courts of Indiana. These were ficticious plaintiffs and defendants that were used in all actions to recover the possession of real property. This common law action of ejectment originated about the beginning of the fourteenth century on account of " the thousand niceties with which real actions are harrassed and entangled."' The readiness with which John Doe always came forward to assert the alleged right of the man out of possession, and the equal promptness of Richard Roe to maintain that the man in possession was the lawful owner, were such as to command the devotion and sincere attachment of all true lovers of the old system. It was with deep regret that the old practicioners took leave of these knights errant of the common law.

The first term of court under the new constitution held in Shelbv Countv, began in April, 1S53, with William M. McCarty, as Judge. Mr. McCarty was a resident of Brookville, in Franklin Countv. His abilit}' as a Judge can hardly be estimated, as he held the office in this county but a short time, less than a year. As an advocate, he sustained the reputation of a good one, but it is not everv good advocate that makes a good Judge.

Reuben D. Logan became the successor of Judge McCartv, in this county at the October term, 1853. His home was at Rushville, where he had earned the reputation of being a good practitioner. It was Judge Logan upon whom really fell the task of reorcanizinif the courts in this district, accordincj to the new code practice which went into operation on the 9th of May, 1853. This was a matter of some difficulty. The old style of pleading was what had been learned by all the lawyers and it was not an easy thing for them to immediately accommodate themselves to the new conditions. Some of the older members, of the bar do not remember Judge Logan as a man of more than ordinarv ability, yet the fact that he continued to preside in this court until 1866, is strong evidence of his havinir been a man of much force of character. His was the longest term ever held b}' an}- Judge in Shelby County.

Jeremiah M. Wilson was the seventh Judge of the Shelby Circuit Court. His first term in this county began in April, 1866. At that time he lived in Connersvalle. In Judge Wilson, it is probable that Shelbv County had the ablest Judge that has ever been upon her circuit bench. He was exceedingly kind and courte ous to both attorneys and litigants, and in those qualities which go to make a man popular, he was unexcelled. His knowledge of the law was profound and his facultv for applving it to an^' given case, no matter how perplexing, contributed to make him one of the ablest Judge in the State. Another, who is thoroughly competent to decide, has pronounced him the best Judge Shelby County has ever had. He is now residing in Washington, D. C, and is a member of one of the leading law firms of that city.

Samuel P. Oyler, who succeeded Judge Wilson, and who was his opposite in almost every particular, held his first term in this county in October, 1869. Judge Oyler was not liked by the mem- bers of the bar, and he was an unpopular official. He possessed a rough exterior and was gruff in manners. He had fair ability as a lawyer and his decisions were, in the main, correct and fair. He is 3'et liying at Franklin, where he is esteemed for his uprightness and integrity.

Dayid D. Banta was the next Judge upon this bench and began his duties here in October, 1870. He, too, is a citizen of Johnson County, and resides in FrankHn. As a Judge, he was well liked by the members of the bar, and his decisions were fully up to the standard of the Circuit Judges. He is a good adyocate and a forcible speaker.

Kendall M. Hord has been Judge of the Shelby Circuit Court since its October term, 1876. He is the second person from Shelby County who has been called to perform the duties of that high position. His term of eleyen years is already second in length only to that of Judge Logan, and bids fair to exceed the thirteen years of the latter. Judge Hord has many (jualities that ht him for the bench, and a few that militate against him for such a position. His legal learning is adequate for the place he holds, and his capacity for the work is large enough when properly exercised, and he can be eyen expeditious. He is somewhat oscillating in arriying at his decisions, but his judgments stand the test well in the higher courts. As a public speaker he is good, and this combined with his aggressiyeness, would render him strong as an adyocate. He has a special taste for politics, and had his attention been turned in that direction, would doubtless haye occupied high official positions that result more directly from the politician's skill, long ere this. His social qualities are of a high order and his friends are numerous. The reputation he has earned in his present capacity is surely gratifying and one that might well be emulated.

The Common Picas Court. - - At its establishment the Court of Common Pleas was giyen exclusiye jurisdiction of probate matters, and the old Probate Courts were abolished. This was another of the changes which the new practice brought about. It had the jurisdiction of all that class of offenses which did not amount to a felony, except those oyer which Justices of the Peace had exclusiye jurisdiction. State prosecutions were instituted by affidayits and information. Under certain restrictions this court had jurisdiction oyer felonies, where the punishment could not be death, and in no case was the interyention of the Grand Jury necessary. In all ciyil cases, except for slander, libel, breach of marriage contract, action on official bond of any State or county officer, or where the title to real estate was inyolyed, this court had concurrent jurisdiction with the Circuit Court, where the sum of damages due or de- manded did not exceed $i,ooo, exclusive of interest and costs. It also had concurrent jurisdiction with Justices of the Peace, where the sum due or demanded exceeded $50. When the court was organized appeals could be taken from it to the Circuit Court, but that right was afterward abolished, but appeals could be taken to the Supreme Court, and its jurisdiction was from time to time enlarp-ed. The Clerk and Sheriff of the county officiated in this court as well as in the Circuit Court, and the judge was ex officio judge of the court of conciliation. This last had jurisdiction of causes of action for libel, slander, malicious prosecution, assault and battery, and false imprisonment, and extended to questions of reconcihation and compromise only. No attorney was allowed to appear for his client before the court of conciliation, but the parties were required to appear before the judge apart from all other persons, except that an infant was required to appear by guardian, and a female bv her husband or friend. This branch of the court was abolished in 1867.

The lirst term of the Common Pleas Court in Shelb}' County, began on Monday, the 3d day of January, 1853. Hon. James M. Sleeth was Judge. The first act of the court was to adopt a seal. The order read as follows: "It is ordered, adjudged and decreed by the court that the seal of this court shall be a circle of one and five-eighths inches in "diameter, with the words engraved on the margin, Shelbv County Court of Common Pleas, Indiana, with a device of the Godess of Liberty and thirteen stars inclosed in the centre."

Judge Sleeth was then and is now a citizen of Shelb3wille. He was admitted to practice at this bar in 1842, and is now the oldest resident attorney in Shelby County. As an active practitioner and advocate he was not conspicuous, but his knowledge of law was good, and in this particular was (jualified for the duties of Common Pleas Judge. His term of office expired in 1861. Prior to this Judge Sleeth had held several responsible positions, and was a member of the first Legislature that met under the new constitution, and upon which devolved so great a responsibility in reorganizino- the laws of the State. Since retiring from the bench he has almost wholly abandoned the practice, although in earlier years his practice was quite extensive.

George A. Buskirk succeeded to the Common Pleas Bench in this county at the March term, 1861. He was a resident of Monroe County. His attainments were all that could be desired in that position. He was a man of broad intellect, of commanding presence and a genial man among men. He remained upon this bench

OHver J. Glessner had been practicing law at the Shelby County Bar for several years when he was called to assume the duties of Common Pleas Judge. His reputation as a skillful attorney and an able advocate, gave promise of an enviable career upon the bench. His mind, however, is not one that is well adapted to the trials of a Presiding Judge in a court of justice. His positions upon intricate questions of law were uncertain. Judge Glessner is pre-eminently at home with any combination of facts before a jury. He possesses the qualifications necessary to make a jury see the case in a convincing light from his own standpoint. This alone renders him powerful before a jury, and an adversary which the ablest may well fear in an open contest. He is yet in the enjoyment of an extensive practice.

The next to occupy the Common Pleas Bench was Thomas W. "Woollen, whose fame is co-extensive with the boundary of the State as an able and efficient jurist. His first term in this county was in November, 1868. It is needless to say that he was a good Judge. He afterward served one term as Attorney-General of the State with marked abilit}-. His home is at Franklin.

Richard L. Coffev was the fifth and last of the Common Pleas Judges in this county. He began here in November, 1870, and remained upon that bench until the court was abolished in 1873, his last term occurring in March of that year. He was a resident of Brown County, and as a Judge he was but moderately successful.

Resolutions of the Bar, etc. - The following resolutions and other items of interest were o-leaned from the records of the Circuit Court in reviewing them briefl}' :

Whereas, Telegraphic communications announce a great National calamity in the assassination of the President of the United States, as well as the attempted assasination of the Secretary of State of the United States. This bloody tragedy must inspire every American citizen with emotions solemn as death and boundless as space, working conviction upon their minds that the time has arrived when personal safety is no longer known or recognized, and

Whereas, We, as Americans and Union loving citizens, feel that we are called upon to mourn and deeply deplore this great National calamity and crime against humanity, and that we may calmly reflect upon our condition in view of the surrounding circumstances; be it

Francis M. Conner, an attorney of this court, died in September, 1870. The bar met and made suitable arrangements for the funeral and passed appropriate resolutions. These were spread upon the record at the October term following.

John L. Montgomery, who had been practicing at the Shelbvville bar for several years, died in March, 187 1, and again the bar were called upon to express their sorrow by resolution. The record for the April term, 187 1, contains those resolutions.

On the 25th day of October, 1875, the bar met and passed resolutions on the death of Cyrus Wright, who had been practicing at the bar since August, 1842.

The death of AVilliam Z. Conner, in September, 1877, was a great loss to the Shelbyville Bar, appropriate resolutions were passed bv the attorneys at a special meeting held for that purpose. They were spread on the records upon the assembling of court in October.

" Resolved, That the communication published in the Indianapolis Safnrdav Herald in its issue of the iithinst., and recent publications in the Jiidianafolis Se/i//ne/ of similar pm^port are, so far as the same reflect upon the judicial fairness and honesty of Judge Hord, slanderous and false, and we take this occasion to express our utmost confidence in his judicial integrity, and the purity of his official acts.

" Resolved, That any inference that may be dra\N'n from said publication that Albert McCorkle, Sheriff of Shelby County, has been cognizant of, or a party to the packing of juries in said county, is false and slanderous and that no act of that gentleman during his official course will warrant any such imputation."

The publications mentioned, caused considerable interest at the time, and there was some talk of attaching certain persons who were supposed to be the authors, for contempt, but this fortunately was abandoned, as there was found to be no authority for such a proceeding.

In March following, the Board of County Commissioners passed the following: " Whereas the Lidiaiiapolis Sentinal and Indianapolis Herald and Shelby Refuhlicaii^ have published slanderous and libelous articles, calling in question, the honesty of the Board of County Commissioners of Shelby County, Ind., in reference to the purchase of a clock and bell for the court house, charging them with receiving bribes, and in consideration of the premises, the board now recjuests the Hon. K. M. Hord, Judge of the Shelby Circuit Court, to appoint a committee to investigate the action of the board, in reference to the above mentioned contracts or anv and all other contracts in connection with said buildin"'."

In compliance with this request, the Judge appointed L. J. Hackney, Thomas B. Adams and Oliver J. Glessner, as a committee of investigation.

" At a meeting of the Shelby County Bar, upon the occasion of the death of Hon. Stephen Major, the undersigned committee on Resolutions reported the following:

"We have met to pay our tribute of respect to the memorv of Hon. Judge Stephen Major, who has been for upwards of half a century a member of our bar, excepting an interval extending through one full term, in which he held the position of Judge of the Marion Circuit Court. He has been taken from us in his mental vigor, but in the fullness of his davs and professional honors. He falls ripe for the sickle of death. We have knoAvn him long and well, and desire, rather in our emotional feelings than in compliance with the usage of the profession, to give expression to our high estimation of his merits as a man, a lawyer, a judge, and a Christian. Therefore, as expressive of our unfeigned sorrow and sympathy with his family and fellow citizens in their bereavement,

" Resolved, That we herebv express our admiration and respectful remembrance of the professional courtesy, talents and merits of our deceased brother, and that we will emulate his virtues as the best tribute to his memory.

" Resolvedy That w^e tender his family and friends our sincere condolence, feeling that although to them even more than to us the loss is irreparable. Yet to him it is a great gain that he has entered upon the rewards of a well-spent life, before that higher bar where all must appear.

That we attend the funeral obsequies in a body, and that our Chairman for us request that the minutes of this meeting be spread upon the records of the Shelby Circuit Court.

JRoII of Attorneys. - The following Roll of Attorneys comprises most of those who were admitted to the Shelby Bar prior to 1S52, as well as many of those since that time. From that time to the present the records are so voluminous, and not being properly indexed, that it was next to an impossibilit}' to obtain them all. These are given as a matter of some interest and for reference:

Present Attorneys

While it would doubtless be of much interest to have sketches of the different members of the bar who are now living, inserted here, such a feature is foreign to the plan of this work. Through the bodv of the work frequent reference is made of those who have won prominence at the Shelby Bar, and have now passed away. No county of like population in the State has been more prohhc of attorneys that have become conspicuous in their profession. Foremost of them all was Thomas A. Hendricks, while but little, if anv, less able as a lawyer, was Martin M. Ray. Other conspicuous members of the bar have been, Eden H. Davis, William J. Peaslee and Stephen Major, that have long since disappeared from the scenes of their conijuests and renown. Among those now living who appropriately occupy high positions among their professional associates are: B. F. Love, Alfred Major, O.J. Glessner, Thomas B. Adams, L. T. Michener, James Harrison and perhaps others of the voun<xer attornevs. A short notice of each of the Judges has been given, as seemed prompted by the records. Extensive accounts also have been presented of some of the earlier practitioners, those who have been translated to a tribunal of more enlarged jurisdiction and one endowed with unfailing justice.