St. Joseph County, Indiana - Chapter 5, 1880

Circuit Court

On its organization, St. Joseph county was made part of the first Judicial District. In 1833 there was a re-organization of districts and it then formed part of the eighth, and remained in this connection until the spring of 1S37, when it was attached to the Ninth Judicial Circuit. No further change was made until 1873, when tlie Common Pleas Court was abolished and the Judicial Districts of the State were made smaller and largely increased in number. By this change St. Joseph county was united with La Porte county, the two forming the Thirty-second Judicial District.

The first session of the Circuit Court was held on the 22d day of October, 1832, at the tavern of Calvin Lilley, in the village of South Bend, Hon. Julin R. Porter, of the first judicial District, presiding. The Grand Jurors were Lowdy Stevenson, Eli Roe, Pleasant Harris, Nathan Green, Robert Redding, Peter Johnson, George Wilkinson, Anthony Defrees, John Smith, Sr., Stanton Porter, John Massey, "William P. Howe, Frederick Benter, William Runnion, Peter Russell, Jacob Harris, George Holloway and Jacob Bowman. The court appointed George Holloway as foreman of the jury.

The first case called for trial was that of Matthias Redding and Hannah Redding. This was an action for divorce. The case was continued to the June term, 1833, when it was heard and the divorce granted. The second case was one of chancery, the third libel, and fourth slander. The two last were dismissed at cost of plaintiflfs. Sarah McLelland was indicted by the Grand Jury for selling liquor to Indians, and was tried at this term of court, and a fine of five dollars and cost of suit was assessed against her. She was committed to jail, by order of the court, until the fine was paid. There were in all nine cases on the docket, - one divorce, one libel, one slander, one selling liquor unlawfully, and five chancery.

The second term of court was held in June, 1833, Hon. Gustavus A. Everts, Presiding Judge of the Eighth Judicial District in attendance. The first case docketed this term was for divorce, William Antrim vs. Elizabeth Antrim. The knot that tied the two was cut by the accommodating judge, and each was permitted to pursue his or her way without hindrance from the other. (374)

Since the organization of the county nine judges have presided over the Judicial Districts, of wliich St. Joseph county has formed a part, the lirst of whom was John R. Porter, who presided, as has already been stated, at the first term of the court held in this county. Judge Porter was a good judge, one who was prompt and decided in his actions upon the Bencli.

Gustavus A. Everts was born in Virginia in 1792. Came to Indiana at a very early day and read law in Union county. He was a tall, slim and fine-looking man, of liberal education, and one of the wittiest men that ever practiced before an Indiana court. He has been known to hold the judge, jury and audience for three hours, keeping all in continual laughter at his excessive wit. He was a good advocate, and one of the best criminal lawyers in Northern Indiana. On tlie Bench he was an entirely diflFerent man from what he was before a jury, being calm and dignified, quick to decide a point of law, and impartial in all his rulings. He emigrated to Texas some years since and is still living, though past his four-score years.

Samuel C . Sample was born in Maryland. He emigrated with his father's family to Connersville, in this State, as early as 1823 or 1824. He, too, studied law with Hon.O. H. Smith. After being prepared for practice lie settled in South Bend, in 1833. He was soon after elected prosecuting attorney for the circuit, then embracing Logansport and Fort Wayne, and all the territory in the State north. It took him three months to go around his circuit and attend to its criminal business. He was painstaking and careful, and therefore successful. He became the president judge of his circuit in 1835 and continued on the Bench until 1843, when he was, very much against his own wishes, elected to Congress.

As a lawyer, he was able, judicious and reliable; as a judge, correct, upright and impartial; as a member of Congress, unswervingly iaitlifal to the interests of his constituents; and in all hio business transactions, whether in public or private capacity, he has ever exhibited the most sterling integrity, totally uninfluenced by the least unworthy or selfisli motives. As a citizen, he has been enterprising and valuable; as a friend and neighbor, open-hearted, sociable, generous and accommodating; as a husband, a father and a Christian, he was all that is worthy of emulation. After a life without reproach, passed in the most valuable services in public and in private. Judge Sample passed to his reward in the better land, leaving his memory to be regarded with love and veneration, not only by relatives and personal friends, but by all who have known and can appreciate one of the noblest works of God. Judge Sample died at South Bend, Dec. 2, 1855.

Ehenezer M. C'Jiamherlain was born in Maine, and came to Indiana about 1832, and settled at Goshen, Elkhart county. Read law at Connersville with Samuel Parker. He was the fourth judge elected upon this circuit. He was a man possessed of an abundance of good common sense and sterling integrity; firm and decided character. In personal appearance he was tall and slim, with a solemn cast of countenance. On the Bencli he was quite dignified and rendered his decisions very deliberately. After his retirement from the Bench he was elected to Congress from the Elkhart district and served one term. Judge Chamberlain died at Goshen, in 1859.

Thomas S. Stanfield, who succeeded Judge Chamberlain, was born in Logan county, Ohio, in 1814, and with his parents emigrated to Indiana in the fall of 1830, and settled in South Bend in the spring of 1831. Here he attended school taught by Elisha Egbert, the first practicing attorney in St. Joseph county, and likewise the first school-teacher. Young Stanfield entered the law office of John D. Defrees at an early day, reading law for some tinje, after which he attended a law school in Cincinnati, at which lie graduated in 1840. Opening an office in South Bend, he engaged in general practice until 1852, when he was elected Circuit Judge, and served five and a half years, when he resigned his office and resumed the practice of law. In 1870 he was again elected to the Bench, serving tlie full term of six years. When Judge Stanfield was elected the first time his circuit was composed of fourteen counties, but was reduced to nine before the expiration of his term. In 1845 Judge Stanfield was elected to the lower house of the Legislature. He was placed on the Committee of Ways and Means, which committee founded all the present asylums of the State - that of the insane, blind and deaf and dumb. In 1846 Mr. Stanfield was again elected, and during this session served as chairman of the Judicially Committee. In 1849 he was a candidate for Lieutenant-Governor, on the Whig ticket, but failed of election. In 1851 he was again nominated by his ])arty for the House of Representatives and elected. Was placed at this session with Judges Stewart, Gookins and Holman and Mr. Gibson on the Committee on the Revision of the State Laws. Again, in 1855, Judge Stanfield was nominated and elected a member of the Legislature, serving two terms, and being upon the Judiciary and Committee on the Organization of the "Courts. Politically, Judge Stanfield was first a Whig, during the existence of that party, and is now a Republican. For a number of years he was a director in the Michigan Southern & Northern Indiana Railroad, and also the Grand Trunk Railway. At present he occupies the position of attorney for both roads.

Albert O. Deavitt, of South Bend, was appointed to fill vacancy on the Bench caused by the resignation of Judge Stanfield. Immediately after his appointment he was taken sick and was removed to the house of his brother in the State of Vermont, where he died in 1858.

John B. Niles, of La Porte, one of the ablest lawyers in the State of Indiana, was the next incumbent of the Bench. Mr. Niles was born in Vermont in 1808, came to Indiana in 1832 and settled at

La Porte, where he died in June, 1879. As an advocate and counselor he liad no superior in this section of the State. He was quite slender in person, and was in feeble health for a number of years prior to his death. He was for a time member of the State Senate, and was also a member of the Convention which framed the present Constitution of the State.

Andreiu L. Osborne succeeded Judge Niles. Mr. Osborne was born in Connecticut in 1S14-, and came to Indiana in 1836, settling in Miciiigan City, from which place he moved to La Porte on his elevation to the Bench. Judge Osborne read law with J. Y. Scammon, of Chicago. He is a diligent student, a man of remarkable memory, quick in his perceptions of a case, and was an excellent and popular judge. He was elected in 1858 and served twelve years, being succeeded by Judge Stanfield.

Daniel JVoi/es. - On the expiration of J udge Stanfield's second term, Daniel Noyes, of La Porte, was elected, and is the present incumbent. Daniel ISToyes was born in Vermont and came to Indiana in 1851, making his home at La Porte. He is a good lawyer, a man of sterling worth, and makes a popular judge.

Associated Judges. - Yrom the organization of the county up to 1852, the Circuit Court was composed of a president judge and two associate judges. The following named have occupied the honorable position of associate judges from this county: John Banker, Chapel W. Brown, William McCartney, John Ireland, Reynolds Dunn, Powers Green, Peter Johnson and John D. Kob-

Common Pleas Couet

In 1852 the Legislature of the State passed an act creating the Court of Common Pleas, with original and conclusive jurisdiction in all matters relating to the probate of last wills and testaments, granting of letters testamentary, of administration and guardianship, and all other matters heretofore pertaining to the Probate Court, which court by this act was abolished. It also had concurrent jurisdiction with the Circuit Court in all cases of criminal nature where the penalty affixed was less than the penitentiary.

Elisha Egbert was elected judge of this court in 1853 and served until his death. (See sketch elsewhere in this work.) Judge Egbert was succeeded by Edward J. Wood, of Elkhart county, who was elected in 1S6S. Judge Wood was a bright, quick-witted and clearheaded judge and served acceptably upon the Bench. During the war he served his country as Lieutenant-Colonel of the Fortyeighth Regiment Indiana Volunteers. Judge Wood died in 1872. He was succeeded by Daniel Noyes, who served only a short time, being legislated out of office, the Common Pleas Court being abolished.

Probate Court

By the Constitution of 1816 Probate Courts were established. The tirst commissioned in this county was James P. Antrim, who held tlie otHce until 18.34, wlien Elisha E^^bert was commissioned and served until 1838, being succeeded by Jolin J. Demins;, who continued in office eight years, his successor being Edward F. Dibble, who served two years, when Elisha Egbert was again elected. Judge Egbert served until the office was abolished in 1852 by the organization of the Common Pleas Court. A term of the Probate Court was held in Jannar}', 1832, lasting one day, and was presided over by E. W. Brown and John Banker, associate judges of the Circuit Court. The first term of the court held by Judge Antrim was in February, 1833.

The Ba

The Bar of St. Joseph county has been represented by some talented men, some of whom have gained a State and national reputation. Elisha Egbert was the first representative. (See sketch under head of "Some of the Illustrious Dead.")

Jonathan A. Liston came next; he settled here in 1832. He was born in Delaware, and emigrated with his father's family to Indiana when in his teens; lie studied law with the late Hon. Oliver H. Smith at Connersville; his preceptor was a United States Senator from this State and one of her ablest lawyers. Mr. Liston was a man of talent and full of zeal and energy in his profession; never knew any body in his case but his client; everybody else differing in opinion was wrong and must yield if the heavens fell; such persistence and energ}' coupled with an agreeable presence and popular manners, soon made him one of the leading lawyers of the northern part of the State, with a large and profitable practice. He was elected to the House of Representatives from this county in 1835, and to the Senate in 1836. He served as one of the three Commissioners in 1852 who prepared the new code of legal proceedings adopted in this State, in conformity with the requirements of the new constitution. He is still living, in Marion county, enjoying a quiet old age.

Thos D. Baird came next; he was born in Kentucky. After becoming of age he came to Crawfordsville, in this State, and commenced the practice of law there; got married and moved to this county and settled on Portage Prairie as a farmer. He came in the year is32. He occasionally attended the courts and tried causes, but did not enter into general practice until 1837, when he went into partnership with John D. Defrees, who commenced practicing law here that year. Mr. Baird gave more attention to his farm than to his profession and was not therefore a verj- profound lawyer, but he was an attractive speaker and a popular man. He was elected a Representative from this county in 1836, and Senator in

1837, which office he held until he died in 1842. If he had lived longer he would probabh' have been in Congress from this district. He had, as he deserved, the respect and confidence of the people.

The fourth lawyer in St. Joseph county was Samuel C. Sample, who afterward became judge of the Circuit Court, member of Congress, and whose sketch is found elsewhere in this work.

John D. Defrees was born in Tennessee. He left there when young and settled in Ohio. He became a citizen of South Bend in the summer of 1831, as editor of the Northwestern Pioneer, the first newspaper published north of the Wabash. He conducted this paper and its successor, the St. Joseph county Beacon, for several years, and finally moved to Goshen and engaged iu a different pursuit. He had been reading law as he could find opportunity, when, in 1S37, feeling that he had gained a competent knowledge of the law, he returned to South Bend, and went into partnership with Thos. D. Baird. After practicing law with him for some time, he entered into partnership with Joseph L. Jernegan, and they practiced law together for several years. jVIr. Defrees was a natural born politician, a fluent and sharp political writer, well posted on all political questions, and the history and peculiarities of all the public men of that day, and on intimate and confidential relations with the great leaders of the Whig party. He had the capacity for a good law^-er, but his time was too much taken with politics to become a profound lawj'er. He was elected to the House of Representatives in ISiO, and the Senate in 1812, to fill vacancy, and in 1S4-0 again elected for tlie full term. At the expiration of this term he moved to Indianapolis, and became the editor of the Indianapolis Journal. After conducting tliis paper with great ability for some years, he was elected Government printer, which office he yet holds. His political experience and careful observation gives hira a high standing among his political friends at Washington.

Joseph L. Jernegan, was born in Massachusetts, educated at Brown University, married wlien he was about 20, and settled in Goshen about the year 1832. He practiced law there until 1837, when he moved to South Bend. He succeeded S. C. Sample as Prosecuting Attorney for the circuit. He soon became one of the ablest lawyers in the northern part of the State. He had a wonderful memory, capable of calling up and readily and accurately stating all the essential facts of a long case, and in addition to this he could state points concisely and clearly that everybody who heard it would at once comprehend it and wonder why there should be any doubt about it. The only way to defeat his argument was to knock out his premises. He had a successful practice until 1850, when he went into a commission bank at Michigan City. In 1855 he moved to New York citj', and again commenced the practice of law. Subsequently he went to Italy, and is now living in N aples.

Edwin B. Crocker was born in New York, and educated at an academy in Troy. He came to South Bend in 1841, and there entered Mr. Jernegan's oifice as a student. He afterward became his partner, and they continued in business together while Mr. Jernegan remained here. Mr. Croclier was a fat, joll3',good-hearted man, with considerable intellectual ability and a wonderful working capacity. In 1852 he went to California and commenced practicing law in Sacramento. In a few years he became one of the judges of the Supreme Court of that State. After he left the Bench, he and his brother Charles, who had also been a resident of this county, several years as a laborer in a Mishawaka furnace, together, with Gov. Stanford Hopkins and one or two others, undertook to build the first section of twenty miles of the Central Pacific railroad, and who afterward built the whole road and became its owners. About the time the road was completed to Ogden, Mr. Crocker was stricken down with paralysis. He partially recovered, but had another attack, whicli so utterly destroyed his mind that he eould not recognize his family. After lingering in that condition for some time he died, leaving a fortune of $10,000,000.

Eeuhen L. Farnsworth was born in Ohio, and came here in 1839 to study law with Judge Sample. He was an industrious and diligent student. After he got through with his preparatory studies he went into partnership with Mr. Liston. Subsequently he and - Thos. S. Stanfield were in partnership a short time. Mr. Farnsworth might have been an able and successful lawyer, but his conscience troubled him, not that he thought it was wrong to practice law, but he thought he was called to preach the gospel, and he ought not to stand out against that conviction. He tried it in several denominations with undoubted sincerity and determination to obey the call. After awhile he would begin to tliink somebody else was called and he made a mistake when he answered. Then he would quit preaching and go to practicing law again. At one of those intervals he was Prosecuting Attorney for this circuit and made a good and efficient one. Finally he settled down in the Swedenborgian faith, and has since been a confirmed and undoubting believer in that doctrine. He has written and published several books to illustrate and prove the truth of that faith. He is now living a retired life in St. Paul, Minnesota.

The Pkesbnt Bar

The present Bar of St. Joseph county is composed of men who are the peer of any in the State - men of sound judgment in law, eloquent pleaders and honorable attorneys. The following named comprise those who at present are members, and who appear in the courts of this county at almost every session : Thomas S. Stanfield, James Davis, Alvin S. Dunbar, George W. Matthews, Frank R. Tutt, Timothy G. Turner, William G. George, Joseph Henderson,

St. Joseph Bab Association

In the fall of 1873 an Association was formed in the city of South Bend under the name and style of the St. Joseph Bar Association. At a meeting Oct. 8, 1873, held at the court room, it was found that 17 shares had been subscribed of $25 each, for the purpose of procuring a library and meeting the expenses of the Association. Twelve of the shareholders being present, they proceeded to organize. Alvin S. Dunbar was chosen President, and Lucius Hubbard, Secretary. A. S. Dunbar, Andrew Anderson, Wm. G. George, H. E. Hurlbut, Joseph Henderson, Jos. B. Arnold, Jr., and Lucius Hubbard, Directors.

On motion, it was agreed that any member of the Bar of St. Joseph count}' might become a member of the Association by subscribing for and paying one share of stock, and such annual dues as thereafter should be fixed by the Board of Directors.

On motion, it was resolved that the Board of Directors be authorized and empowered to make any arrangement that they may deem proper and expedient for the loan and control of libraries and books, and to pledge the Association for their proper care and return.

At a Directors' meeting held the same day, Andrew Anderson was appointed President of the Board, and L. Hubbard, Secretary and Treasurer. A. Anderson, Wm. G. George and L. Hubbard were appointed a committee to draft and report by-laws to be considered at a future meeting. Joseph B. Arnold, Jr., A. G. Dunbar and H. E. Hurlbut were appointed a committee to make such arrangements for a room and shelving as they should find necessary, and for that purpose to wait on the Board of Commissioners.

1. All members of this Association holding one share of stock, who shall promptly pay their quarterly dues, shall be entitled to use the library. Also such non-resident attorneys as on invitation of members. No member in arrears shall be entitle I to use the books or room.

3. Receipts shall be given for all books deposited, and no book shall be taken out of the court-house, except by the owner thereof, and^rfcceipts shall be taken for all books taken out

4. No person shall become a member of this Association except on application in writing and on recommendation of the Directors at some regular meeting.

6. The President and Secretary and one of the Directors of the Association shall constitute an Executive Committee, and shall determine as to purchase and expenses of the Association.

At the first annual meeting held Jan. 1, 1874, A. Anderson was elected President and Lucius Hubbard, Secretar3^ At the third regular meeting Thomas S. Stanfield was elected President, and has been re-elected each year. Mr. Hubbard has been the only Secretary. At the annual meeting in 1875, the following resolutions were adopted as an amendment to the constitution and by-laws :

Art. 1. All quarterly dues heretofore or hereafter to be paid shall be held and considered to be and shall be additional subscriptions for stock, and each member of this Society who has or shall have paid quarterly dues to the amount of $25 shall be entitled to and shall have and hold one share of stock thert-for, and shall have from time to time an additional share of stock whenever his additional quarterly payments shall have amounted to the additional sum of $35, and the Secretary and President are authorized from time to time to issue stock certificates therefor.

Art. 2. Members of this Association residing outside the corporate limits of the city of South Bend shall be required to pay only one-half of the amount of quarterly dues which other members are required to pay.

Andrew Anderson, at this meeting, made a proposition that if a glass case was furnished by the Association he would fill the same with books in the coming year. His proposition was accepted and the Directors authorized to procure a suitable case.

In 1877 the dues were fixed at $10 per year, at which amount it now remains. At the annual meeting this year Hons. Daniel No3'CS, William S. Haymond, William H. (Dalkins, Joseph E. McDonald, Schuyler Colfax, O. P. Morton and D. D. Pratt were elected honorary members of the Association.

Tlie Association has at the present time under its control $4,500 worth of books, $1,315 of which it has expended from its own resources, the balance being the amount that has been loaned to the Association for its use by individual members, and for which it becomes responsible. Several law periodicals are taken, and the Government supplies it with all patent office reports issued.

Feb. 22, 1875, the Association held its first annual banquet at the Dwight House, then under control of Mills & Knight. A splendid supper had been provided and about forty persons sat down to partake. The discussion of the meal occupied about an hour, after which came the toasts and speeches of the evening.

The first toast was " Washington," which was responded to by Major Calkins, of La Porte. The Major, always interesting, was doubly so on this occasion. He deviated from the ordinary treatment of the subject by a witty style altogether different from the usual somewhat stereotyped oration.

C. II. lieves, of Plymouth, was called upon to respond to the toast "The Legal Profession," which he did in a manner eliciting the fuiplause of his hearers.

The next toast given was " The Judiciary," to which Jud^e Stanfield responded. He alluded to the prime factors in the Government of the country - the Legislative, the Executive and the Judiciary. The Judiciary, which by virtue of the Constitution, had one- third the ]iowerof the Government, had, in reality, much more. We did not feel the power of the Jfational or State E.xecutive in the every day business of life; were never reminded of it, in fact, except when armies were required to be raised, or something out of the ordinary course of events in that department transpired; but the power of the Judiciary was felt everywhere. Not a day passed but we were cognizant through the dailj' press of its operations. The importance of an honest, inflexible and fearless Judiciary, before whom must recur questions for adjudication involving interests of the deepest moment, was duly set forth.

Professor L. G. Tong, of the University of Notre Dame, was next introduced and read the following poem, which was I'eceived with cheers by those present:

Id the earliest days of each people and nation, All mankind was honest in dealing and station ; But lawyers were born with the first extra ration, Then meum and tuum brought forth litigation. Old Horace informs us that hickory clubs Were the courts of first instance, when acorns and grubs Were the highest-prized objects of human ambition. Ere the jurist came forth to mend our condition.

How different we in this fair land of freedom, Where statutes are shaped as the citizens need 'em, Where causes are crystal, and pure jurists plead 'em, Where clients are sought to defend, not to bleed 'em! Let blockheads indulge in their hints and their sneers About setting society, sir, by the ears ; Let them mutter the tale of the shell and the oyster, And growl about pettifog, humbug and shyster. Know they not, poor, pitiful, pragmatic daws. That rogues are inclined to hate lawyers and laws ? While honesty praises the good that it sees. Though once in awhile it may sufler a squeeze, Knowing well, if you give but a moment's reflection, That lawyers and law lay no claim to perfection. Who otherwise argues is naught but a Hindoo, And fit for a writ de lunatieo inquirendo.

Next, Davis stands forth, of the silvery lo' k. In defense of the right, just as firm as a rock ; A terror to villains, to honest men hope. To these giving justice, to those a tight rope. Straightforward and true, his " exceptions " are clean. For he always excepts to what's tricky and mean.

Then Alvin Dunbar , who has long do?ie bar, Where his honor has never received the least scar; Time watches his chance, sir, but all the world knows it; His mortgage is safe imtil Death shall forelose it.

And there is grave Tutt, who, on forum or farm, Succeeds in all things, as you know, to a charm. Agriculture and law he knows how to adorn. Forcing judges in both to " acknqwledge the corn."

To all men's esteem Arnold has many "Titles," He can diagnose skillfully Property's vitals ; And, more for the service than for the base pelf, Dresses titles as well as he dresses himself

Here comes the most genial of jurists, G. Pfleger, Who's ready to plead for a king or a beggar; Who lifihtens the visage of law with a smile, And, while others are pulliDg on boots, walks a mile.

And here let the bard pause to speak a kind word Of our absent sick friend, the excellent Ford. Let our judge issue forth a writ fieri facias To the doctor, that all may say Deo Gratias-

In goodness and judgment our county is first; We are free from an ill with which others are curst. Unanimous in our own thinking and deed, We're attached, every man of us, sir, to our Creed.

Davis, Brownfleld, Witherill, Turner and others. Are the acme of lawyers and well-esteemed brothers; Well read in the pages of forensic lore. In the temple of Fame may they yet make their score.

The Jndge was quite happy in his remarks. He said while on the way to the hotel, a lady ( he knew she was a lady, or, being a stranger, she would not have been attracted by his noble form and handsome features) stopped him, and learning that he was going to the banquet at the Dwight House, placed in his hands a paper which she desired him to read before the guests. A local critic says: "Of course every one will guess that this was only an innocent device of the Judge's born of extreme modesty, to avoid being thought the author." The paper lost nothing by the reading. It was as follows:

L. Hubbard was next called and responded in a speech showing a thorough knowledge of legal history. He also paid a compliment to the members of the legal profession in always being true to their clients, and concluded by saying: "If ever the liberties of our Republic are undermined, are lost by neglect or corruption, it will be, in a great measure, the fault of the legal profession."

The next banquet of the Association was held at the Grand Cen tral, Feb. 22,1877. The following were present: Judge Stanfield A. Anderson, L. Hubbard, George W. Mattliews, Judge Pfleger, Prosecuting Attorney Ford, Judge Alward. L. G. Tong, Judge Hagerty, City Attorney Brownfield, J. E. Fisher, W. E. Bug bee, J. E. Foster, O. G. Witherill, J. H. Ellsworth, H. E, Hurlbut, John Dixon, Charles Evans, Captain Nicar, J. W". Harbou, and representatives of the press.

After doing full justice to the generous bill of fare, a resolution was passed unanimously thanking Mr. Knill for the splendid manner in which they were entertained.

The Bar In A New Role

The Bar of 1879 was composed of staid men, yet they would relax their dignity enough, occasionally, to have a little sport. On the evening of i^ovember 21, they presented the play of Bardell vs.

Pickwick. There are few reading people who have not read the " Pickwick Papers " and laughed themselves to tears over the characters that live and move in its pages. Many of these characters are such gross exaggerations that the,y might almost be called caricatures; but so many foibles of this day as well as that in which they were written are touched up, so many keen thrusts and deserved ones, too, are made at certain professions and callings, that the reader is prone to overlook the exaggerations in his endorsement of the other. The "Pickwick Papers" were written in 1836 by Charles Dickens, who was then a poor young man of 25, eking out a precarious living as a newspaper reporter, so poorly paid that he was forced to spend all his leisure time writing stories and sketches. He conceived the idea of the Pickwick club as a production into which he could utilize much of his experience with persons and things as a newspaper reporter. The Pickwick club was orcranized with the venerable Samuel Pickwick as president, and shortly thereafter he, with three of its members, started on a tour of scientific investigation which soon merged into one of social experience so varied and amusing that the book recording them is to-day the most popular of any of Dickens' works, althotigh his earlier and almost first effort.

Wiien Mr. Pickwick started on his travels he found it necessary to have a man-servant, and he engaged Sam Weller. He communicated his intention to his landlady, Mrs. Bardell, and did it in such an awkward yet delicate manner, that that lad}' took it for a pro])osal of marriage, and in herecstacyof delight fell fainting into his arms, where she was seen by some of his brother members who accidentally called. Out of this episode grew the celebrated Bardell vs. Pickwick breacii of promise case, which was presented to a South Bend audience last night, at Price's theatre by the St. Joseph County Bar, for the benefit of our city's poor. The attorneys were ably assisted by several ladies and by Mr. C. B. YanPelt and Master VVillie Elliott. The cast of characters was as follows:

Mr. Dickens confessed that he introduced the Bardell vs. Pickwick case to show the license unprincipled lawyers (could there be sucli a thing?) take, and the degree to which witnesses and jurors can be ingeniously hoodwinked. It also gave him an opportunity to place the practice of the English courts in a ridiculous light, and enabled liim to have some revenge by taking off" the quirks of attorneys' clerks. The manner in vchich the piece was put upon the stage by stage manager Hubbard, and the spirit with which all the performers entered into the play showed that they had a perfect appreciation of the author's intentions. It is rarely, indeed, that any of our amateurs have had so crowded a house as greeted this performance, and that may have been a great incentive to the actors. Whether it was or not they all acquitted themselves in a manner so creditable that there was a unanimous vote to have the performance repeated to-night. The speeches of Messrs. Hubbard, Anderson and George wei-e masterpieces of irony and satire, and nothing could be more perfect in its way than the examination of witnesses by Messers. George and Anderson, unless it was Maj'or Tong's judge's charge, which, like Messrs. Anderson and George's speeches, " brought down the house." There was more perfect acting in the witnesses - Mrs. Jones and Mrs. Fassett, and Messrs. VanPelt, Bugbee, Ford and Fisher, than is generally found among veteran actors. Mr. Ford made much out of an unimportant part, while Messrs. A^anPelt and Bugbee, whose parts were important, set the house in roars of laughter. Willie Elliott also made much of a minor part. Mrs. Eeynolds, Mrs. Taylor, and Messrs. Stanfield, Turner, Creed. Matthews, Witherili, Brownfield, Du Shane, Alward, Harbou, Hagerty and Ellsworth, by dress and acting, added much to the interest of the play, which was more laughable than a farce all the time. Of the jury, we can only say that it was above the average.