Tipton County, Indiana - Chapter 9: The Bench and Bar, 1914

Chapter 9: The Bench and Bar

The first term of the Tipton county circuit court was held at the house of Jesse Brown, on Monday, May 12, 1845, before Silas Blount and Joseph Goar, associate judges. Alexander M. Young, the redoubtable sheriff, re¬ turned the following persons as grand jurors : Robert Armstrong, Benjamin Leavell, James Shaw, Allen Pitman, Alexander Mills, David G. Wilkes, George Smith, Andrew Evans, Jackson Hill. Joseph Henderson, George Leman, Ed¬ ward Good, Robert Davison, Harvey Goodykoontz and Jesse Brown. They were s\Vorn in, charged, and sent into the grand jury room.

At this session the following men were sworn as attorneys and admitted to practice in the court: William Garver, Marcus Lindsey, James Forsythe, William Stewart, Earl S. Stone and Amasa P. Cassler.

The First Case

The first case called in the Tipton circuit court was an appeal from the justice's court, William Welshons vs. Daniel Webbert. Both parties were represented by attorneys. The case was continued until the next term of court when Mr. Welshons was non-suited and compelled to pay the costs of the suit. The second case was also an appeal from the justice's court, William Garver vs. James Teichener. The defendant made default, whereupon judg¬ ment was made against him, and he settled for the costs. The third case, Joseph A. Wright vs. John B. Cole, trespass on the base for slander, was fixed for trial at one o'clock of the same day, Monday, May 12, 1845. At the time set, the defendant filed a plea of general issue and two special pleas of justification, and. was given more time. The grand jury, listed above, after being out but a short time, came into court and reported that they had found no bills of indictment, whereupon they were discharged. The fourth case, one of trespass, was John Hogan vs. Whisler & Webbert. The plaintiff, not being a resident of the state, was required to give bond for costs, which he did in the sum of fifty dollars. The defendants demanded a jury, which was called, and selected as follows: Levi Hobbs, Joseph Henderson, Samuel Deal, Michael Mitchell, James Shaw, John Farley, James Goar, William Orr, John B. Wright, Joseph Van Buskirk, Carter Jackson and John B. Cole. This was the first petit jury in the county. The trial proceeded, and after the jury had considered the case, they returned with the following verdict : "We, the jury, find the defendants guilty of trespass, and assess the plaintiff's damages at the sum of thirteen dollars and twenty cents." Taken with the costs of the suit, this amounted to fifty- four dollars and fifty-six cents. The case of Wright vs. Cole then came up, the plaintiff filing his similiter to the general use of the defendant, and a replication to the second and third special pleas. More time was granted to prepare for the trial.

The first business performed on the third day of this court was the as¬ sessment of a fine of one dollar each against Earl E. Stone and William Garver for contempt of court. This accomplished, other business was considered ; as yet the presiding judge had not been in attendance upon the court. The case of Wright vs. Cole came up again, and the following jury was called : Joseph Van Buskirk, Jacob Whisler, George Smith, Edward Good, Daniel Lister, March Tucker, James Goar, John Farley, Joseph Sumner, Robert Davison, William Dixon and Samuel Deal. The jury found the defendant guilty, and assessed the plaintiff's damages as seventy-five dollars and eightyfour cents. On this day the first grand jury, listed above, were allowed seventy-five cents each for one day's services. At the same time several of the petit jurors were allowed four dollars for three days' services. John Nutter was bailiff, as were also Jesse Brown and John K. Smith. Thus ended the first term of the Tipton county circuit court.

In November, 1845, John W. Wright, president judge, and Silas Blount and Joseph Goar, associate judges, were in attendance. The following com¬ prised the grand jury returned by the sheriff: Richard Farlow, foreman: James Leavell, Michael Mitchell, James S. Jack, Isaac Shaw, Gilbert Wright, Malachi Cooper, James Pickard, John McHolmes, John Deal, Samuel Batorff, Daniel Smith, Solomon Smith, James Egler and Absalom Hobbs. On the first day of this term, the first plea for divorce was filed by Catharine Sharpe vs. William Sharpe. The complainant, however, appeared by counsel, and dismissed the case at her own costs. The second plea for divorce, filed the same day, was by Jacob Whisler vs. Lavina Whisler. This case was dismissed. Ten cases were considered by the court at this term, and eight bills of indict¬ ment were returned by the grand jury.

Blount and Joseph Goar, associate judges, were present. Judge Smith pro¬ duced his commission from the governor, for the term of seven years, as judge of the eleventh judicial circuit. The rules of court previously adopted were repealed, and a long series of new and better ones was adopted.

Among the early cases appearing before the circuit court of the county were the following: Trespass, divorce, assumpsit, public indecency, affray, assault and battery, debt, official negligence, cases in chancery, illegal voting, trover and conversion, foreclosure of mortgage, retailing, perjury, betting, forfeited recognizance, rape, winning, losing, adultery, extortion, riot, larceny, selling liquor to intoxicated persons, scire facias, etc. The first charge of murder was in April, 1852, against Harvey Moon, who took a change of venue to the Marion circuit court. The first person admitted to citizenship was Laurence Beck, a German, from the dukedom of Hesse-Darmstadt. This was on November 10, 1845.

The Probate Court

The first probate business on record in the clerk's office was the applica¬ tion of Thomas Cooper for letters of administration of the estate of Alex¬ ander S. Wallace, deceased, which application was granted on the 6th of July, 1844, by Newton J. Jackson, clerk of the court. On the nth day of November, 1844, the first probate court was held by William H. Nelson, pro¬ bate judge, the first business coming before the court being the above case. The bond of Cooper was deemed insufficient, and he was compelled to give additional security, which he did by securing the signature of Alexander M. Young to his bond, which amounted to one hundred and fifty dollars. The judge also pronounced the bill of sale insufficient, and ordered it returned to Cooper for correction, to be completed and returned by November 25th. Before the court was held, or on September 27, 1844, letters of administration had been granted to Edward Sharp, on the estate of James P. Woods, deceas¬ ed. His bond was fixed at five hundred dollars. At the above mentioned first term of the court, the bond was approved, but the inventory of the property of the deceased, amounting to $357.27, was rejected, owing to the want of sufficient affidavits from the appraisers. Time was given the administrator for correction. Upon petition of Jeremiah Mote, infant son of George Mote, deceased, Erasmus D. Thomas was appointed guardian to take care of the person and property of the said Jeremiah. The guardian's bond was fixed at two hundred dollars. Thus ended the proceedings of the first term of the Tipton county probate court.

Probate matters continued until 1853, when the common pleas court assumed jurisdiction of all probate business. Mr. Nelson served as pro¬ bate judge until February, 1851, when he was succeeded by Joseph A. Lewis. In November, 1851, Mr. Lewis was succeeded by Richard Minor, who served until the probate business was transferred to the common pleas court.

The Common Pleas Court

The first term of the common pleas court of Tipton county was begun and held at the court house in June, 1853, by Earl S. Stone, sole judge, whose district was composed of the counties of Hamilton, Howard and Tipton. The first business of a probate character was the confirmation of the letters of administration granted to James A. Inis, on the estate of James Inis, deceased ; and the second was the confirmation of the letters of administration granted to Joseph Shank, on the estate of Joseph H. Shepard, deceased. The first business other than probate was the case of the State vs. Lewis Mc- Elhaney, charged with assault and battery. The third case was a charge of the same nature, only against Jane Shane. Subsequent cases were: Petition for a deed, assumpsit, suit on a promissory note, trespass, account, divorce, suit on bind, attachment, injury to the person, assault and battery, for the conveyance of real estate, complaint on note, petition for partition, surety of the peace, etc.

A Few Early Lawyers

- At the first term of the circuit court on May 12, 1845, it has been men¬ tioned that William Garver, Marcus Lindsey, James Forsythe, William Stewart, Earl S. Stone and Amasa P. Gassier were admitted to practice as attorneys in the court. Other lawyers who were admitted in these early courts were Andrew Batorff, Nathaniel R. Lindsey and Charles D. Murray in November, 1845; John Davis, J. S. Buckles and William F. Brady in March, 1846. Joseph S. Buckles was the prosecutor of the eleven judicial circuit from September, 1846, to September, 1848. Gustavus H. Voss was admitted to the bar in October, 1846. William H. Nelson was admitted dur¬ ing the same term, and James F. Suit and John M. Conan in April, 1847. A metallic seal was adopted at the October term, 1847. Amasa P. Cassler became district prosecuting attorney in September, 1848. John Green was admitted to the bar in April, 1849, anc* David Kilgore and Joseph A. Lewis at the same time. Carlton E. Shippey and Richard D. Markland were ad¬ mitted to the bar in April, 1852.

James Forsythe was an eccentric Virginian, and now would hardly be considered a first-class attorney. Amasa P. Cassler was a very able man, a good judge of the law and a successful practitioner. William Brady was, perhaps, the most successful and most excellent lawyer in the early days of Tipton county. He was possessed of a very good education and was gifted with fine oratorical powers. He died in the year 1852. John Green came in 1848 from Jefferson county. North Carolina, however, was his native state. He served the county in the state senate and as a judge of the common pleas court. Joseph A. Lewis came soon after Green and was man of high intellect. For years he and Green were antagonists in all important cases. Nathan R. Overman succeeded in Lewis' business after the removal of the latter to Indianapolis. Overman and Green were then the rival lawyers. Until the year 1883 the lawyers who had practiced in the county were the following: James Forsythe, William Nelson, A. P. Cassler, William Brady, John Green, Joseph A. Lewis, J. V. Cox, N. R. Overman, Dan Waugh, John Q. Green, M. Bristow, Charles Swaim, Frank Trissel, J. T. Cox, John W. Robinson, Noah Parker, Joshua Jones, Edward Hatfield, R. B. Beauchamp, George H. Gifford, John P. Kemp, M. F. Cox, J. M. Fippen, J. I. Parker, J. N. Waugh, B. Giltner, J. W. Mettlen, W. H. Clark, J. A. Swoveland, Perry Behymer, W. O. Dean, G. F. Isgrig, M. T. Shiel, W. W. Mount, Walter Carter, Cleon W. Mount. L. B. Nash. E. A. Mock. James M. Purvis and W. R. Oglebav.

Early Justices Of The Peace Present Bar

The lawyers in membership with the Tipton County Bar Association in January, 1914, are Dan Waugh, J. A. Swoveland, G. H. Gifford, J. P. Kemp, M. T. Shiel, J. F. Pyke, J. R. Coleman, E. A. Mock, W. O. Dean, E. A. Cul¬ ver, Charles A. Messmore, Ed Daniels, Glen J. Gifford, David S. Phares, Fred S. Oglebay, Cleon W. Mount, Clinton T. Brown, Charles Kemp, Everett McCoy, Frank H. Gifford and Dan Beauchamp.