Wayne County, Indiana - Chapter 16: Wayne County Bar, 1912

Members Of The Bar

ORGANIZATION OF COUNTY - FIRST COURT - -EARLY JUDICIARY - PROBATE COURT - RULES OF PRACTICE - MENTION OF PROMINENT LAWYERS - COUNTY AND ASSOCIATE JUDGES - -JUDGES OF THE COMMON PLEAS COURT, AND OF THE WAYNE CIRCUIT, CRIMINAL, SUPERIOR, AND PROBATE COURTS - PROSECUTING ATTORNEYS - DISTRICT ATTORNEYS - MEMBERS OF THE BAR.

Wayne county was organized in 1810, being formed of the eastern and northern parts of Dearborn county. Before the organization of Wayne county, a legal business of this section of the country - commonly known as the "White Water Country"' - was transacted at Lawrenceburg, the county seat of Dearborn county. Indiana was, at this time, a Territory, with Gen. William Henry Harrison as its first governor. Owing to the increasing population of this portion of Dearborn county, Richard Rue, in 1806, was appointed by the governor as the first justice of the peace. The Act by which Wayne county was formed also named John Cox, John Addington, and George Holman, as commissioners to locate the county seat, on or before the first Monday of the following May. This Act further directed that, "until the establishment of the county seat, the house of Richard Rue, Esq., shall be the legal place for holding courts, in and for said county, until a suitable court house be completed." Rue and Holman were among the earliest settlers in this part of Indiana. They were natives of Kentucky, who, after a long and brutal captivity of three years and a half among the Indians, escaped and emigrated to this county in 1805.

The first court held in Wayne county was held on Feb. 25, 1811, at the log house of Richard Rue, three miles south of the present site of Richmond. (These early records are very incomplete at the present time, and many are entirely illegtble.) The county judges were Peter Fleming, Aaron Martin, and Jeremiah

Meek. George Hunt was the first clerk of the court, John Turner was sheriff, and James Noble was the prosecuting attorney. But little business came before the court at this first session, and the court soon adjourned. At the next session, held at Rue's house in March, 1811, the Hon. Jesse L. Holman, chief judge of the Third Circuit Court of Indiana, presided. Peter Fleming and Aaron Martin were associate judges. John Turner, as sheriff, impaneled the first grand jury in Wayne county. A seal of the court was adopted and consisted of "a wafer and a piece of paper turned over it, with the letters, 'Wayne County,' written thereon." These early courts were such in name more than in reality. It often happened that the 'presiding judge was unable to reach the place on the opening day of the court and it was necessary to postpone the session until his arrival. Swollen streams and lurking Indians made "circuit riding" anything but desirable in those early days. The sessions were held in the woods adjoining Rue's house, whenever the weather permitted, and the seats consisted of the family chairs and a half dozen convenient logs.

The following is the record made of a session held on June 17, 1811: "At acourt of Nisi Prius, Oyer and Terminer, and General Jail Delivery, held at the house of Richard Rue, in and for the said County of Wayne on the 17th day of June, 1811, Present, the Hon. Benjamin Parke, Judge," etc. The court adjourned from the house of Rue to a large log in the edge of the wood and there held its session, the Grand and Traverse juries retiring in opposite directions to deliberate. There were but two cases for trial: "U. S. vs. James Pettit, for Larceny," and "U. S. vs. Isaac Shelby, for Assault and Battery." In the first case, the defendant, a boy, was charged with stealing a knife from John Smith, the Richmond merchant. The indictment was drawn by James Dill, the prosecutor, and was in a verbose and ancient form. It alleged that "the said James Pettit, not having the fear of God before his eyes, and being moved and instigated thereunto by his Satanic Majesty, the Devil, did then and there, wickedly, unlawfully, and feloniously steal, take, and carry away, said knife," etc. The boy was found guilty and the court decided that he should pay to Smith twelve and a half cents - the value of the knife - and to Indiana Territory, twenty-five cents and costs. Jeremiah Cox, one of the jury, although he considered the boy guilty, thought that the indictment was "rather too bold for so slight an offense." for larceny, of a fine and five lashes across the bare back. In these early days the attorneys' fees were proportionate to the fines assessed. In Order Book No.1, we find an entry made that James Dill was allowed $25 as payment for his first term's services as prosecuting attorney.

A few words on the judiciary of Wayne county-+will be necessary in order to better understand the early courts, as well as those which followed them. When Indiana was a Territory, this county was included in the Third Territorial Circuit and its judges were appointed by the Territorial governors. Previous to the organization of Wayne county, in 1810, "County Judges" were appointed to represent this portion of Dearborn county. In 1810, however, the Wayne Circuit Court sprang into existence and a separate judge was chosen to preside. Benjamin Parke was the first judge of the Wayne Circuit Court and served from 1811 to 1815. The office of associate judge began when Indiana was admitted, in 1816, and continued until the new Constitution was adopted, in 1852.

There were two associate judges and, in connection with the Circuit Judge, or presiding judge, as he was called, constituted the court. They were seldom members of the bar and: too often had but a very scant knowledge of-the law, and as the two associate judges constituted a majority, there were numerous cases in which they overruled the opinion of the presiding judge, whose superior knowledge of the law ought to have decided the case. Such was true in the trial of Hampshire Pitts for murder, in 1822. In Order Book No. 1, we find that Associate Judges William McLane and Jesse Davenport overruled the objections of Presiding Judge Eggleston and granted Pitts a new trial, notwithstanding the fact that the evidence all pointed to his guilt.

A Probate Court was established in 1829 by an Act of the legislature, and Septimus Smith was appointed as the first judge. This court continued up to 1852, when the new Constitution abolished it, and that year the legislature established the Wayne Common Pleas Court. This court was given original jurisdiction in all probate matters, and in all civil cases where the amount claimed did not exceed $1,000, excepting where the title to real estate was involved, and in slander cases. Concurrent jurisdiction in divorce proceedings and criminal jurisdiction on misdemeanors were also given it. Nimrod H. Johnson was the first judge of the Common Pleas Court.

inal Court and William A. Peele was appointed to serve as the first judge. It was abolished in 1873 by the same Act of the legislature which abolished the Common Pleas Court. The Wayne Superior Court was established in 1877 and William A. Bickle was appointed the first judge of this court. It was abolished in 1878.

Regarding the establishment of the county seat, there seems to be a difference of opinion. The best authorities, however, state that Holman and Addington, appointed by the Act of the legislature in 1810 to locate the county seat, designated a quarter-section about three-fourths of a mile north of the present town of Centerville, as being nearest the geographical center of the county. John Cox, the third member, dissented on the grounds that this land had not yet been sold by the Government and therefore could not be legally used. The Court sustained the view of Cox and appointed Samuel Walker, Richard Maxwell, and Benjamin Harris to act in their place. These commissioners reported in favor of establishing "the permanent seat of justice on the donation of Samuel Woods, of sixty-five acres, in township thirteen (13), range three (3), with a small reserve." This report was accepted and the court ordered, "That the town in Wayne, or the seat of justice, shall be called Salisbury."

A log court house for temporary use and a rude jail of hewed, square logs, were built, but these were soon supplanted by brick structures. It is interesting to note that the cost of this first temple of justice in Wayne county was $229.99. The growth of Salisbury was rapid, and it was at one time not only the most flourishing town in Wayne county, but in the State. It was here, on this spot, long since obliterated by the plow, that we find the real beginnings of the Wayne County Bar. In Order Book No. 1 of the Wayne Circuit Court we find the following entry made: "Monday, the 3rd day of October, A. D., 1814, this being the day fixed by law for the setting of the Wayne Circuit Court; no judge appearing but the Hon. Elijah Sparks, Presiding Judge of said Court, and it appearing that although George Hunt was appointed and commissioned as Clerk of said Court, he had not taken the necessary oaths of office, nor was there any person present authorized to administer the said oaths;

"WHEREFORE, because the said clerk was not duly authorized (agreeably to the laws in such cases made and provided) to swear jurors, the said Wayne Circuit Court was adjourned until court in course.

being the sixth day of'March, A. D., 1815, a Wayne Circuit Court begun and held in and for the Counts of Wayne, in the Third Circuit of Indiana Territory ; present the Hon. Elijah Sparks, Esq., Presiding Judge, and the Hon. Aaron Martin and Peter Fleming, Associate Judges, as also George Hunt, Clerk of the Court.

"John Turner, Esq., returned into court the following panel of jury," etc. "On motion ordered that Amos Lane, John Lawrence, John Test, James Dill, William Hendricks, and James Noble are admitted to practice as Counsellors and Attorneys-at-Law in this court, also Edmund F. Vawter is admitted in like manner."

Rules Of Practice To Govern The Courts In The Third Circuit

2. The motion shall be made in the morning before entering upon the docket, and not afterwards, except such as necessarily arise out of the opening or the progress of a cause.

4. No more than three counsel will be permitted to argue a cause to the Jury, except the same shall appear to be of more than ordinary importance.

6. When a cause is called regularly and postponed by consent of parties, the same shall not be called again until the Docket is gone through and on second calling shall not be continued.

7. No time will be given to draw a plea after the cause is called for trial, provided the declaration was on file in sufficient time for putting in plea upon the rules.

g. Each cause when called in order must be immediately entered upon for trial, continued and postponed by the consent of the parties, or placed at the foot of the Docket by the plaintiff.

10. That in all cases in arrest of judgment and for a new trial, notice of motion shall be given on tendering the verdict, and made within three days thereafter.

Regarding the early disciples of Blackstone, accounts are very meagre. In 1811, Gen. William Henry Harrison, governor of Indiana Territory, appointed James Dill and James Noble as prosecuting attorneys for this part of Indiana Territory. James Noble was, in 1815, appointed judge of the Wayne Circuit Court, which office he held one year, resigning in 1816 to serve his State in the United States Senate, a position which he held till 1831, serving his State with fidelity and honor. John Test and Amos Lane both served several terms in the United States Congress. John Test was judge of the Wayne Circuit Court from 1817 to 1819.

Jesse L. Holman was a lawyer of more than ordinary ability. He was judge of the Circuit Court in 1816, and in the same year was appointed judge of the Supreme Court of Indiana, a position which he filled until 1831.

William Hendricks was also a man of great ability. He served in Congress from 1816 to 1822, when he was elected governor of Indiana. As governor of Indiana he served his State faithfully and well, and, in 1825, was chosen as United States Senator, which position he filled until 1837.

Stephen C. Stephens was admitted as attorney and counsellor in October, 1815, and in 1817 was appointed as prosecuting attorney for the district.

Miles C. Eggleston, Addison Smith, and James Rariden, were duly qualified and admitted in March, 1818. The first named was a lawyer of no mean ability and acted as judge of the Wayne Circuit Court from 1820 to 1830.

James Rariden was one of the early settlers who served his State ably and well through the practice of his chosen profession. He was a native of Kentucky who came to Salisbury when a young man. Here he first studied Blackstone, and was deputy clerk of the court under David Hoover. He next served as prosecuting attorney, from 1822 to 1825, when he was elected to the State legislature from Wayne county. Here he served until 1837, when he was elected to the Congress of the United States, representing the district there until 1841. As a public servant he was faithful and efficient and, although his manner was somewhat rough, his sound judgment and ever ready wit rendered him as worthy as any lawyer at the bar at that time. Hon. Oliver H. Smith relates the following anecdote of him, showing his ready wit: "While Rariden was in the House of Representatives it became necessary for the

Secretary of State to designate two newspapers in Rariden's district to publish the laws of the United States. Mr. Forsyth, the secretary of state, wrote to Rariden, asking him to select two papers 'that inculcated correct doctrine.' Mr. Rariden asked, "Would the Secretary consider a paper that supported General Harrison as inculcating correct doctrine?' 'I would not,' replied Mr. Forsyth. 'Then I have no recommendations to make,' replied Rariden."

D. J. Casewell was adanitted in June, 1818; William W. Wick, Nathaniel French, and James B. Ray, were a trio admitted in 1819, and who were destined to win fame in later years.

William W. Wick was known as a shrewd lawyer and one remarkably successful in his practice. He was secretary of state under his friend and colleague, Gov. James B. Ray, and served in the United States.Congress from 1839 to 1841, and from 1845 to 1849.

Hon. James B. Ray was acting lieutenant-governor in 1824-25, and in the latter year was elected governor of Indiana, being the youngest occupant of that chair up to that time. He was a zealous lawyer and a brilliant speaker.

About this time the little villages of Centerville and Richmond, away to the eastern side of the county, had grown so in size that they could support several members of the legal profession. Bethnel F. Morris was probably the first lawyer who ever settled in Centerville. He came to Centerville about 1818, from Brookville, and was later judge of the Marion Circuit Court,

"The first lawyer in Richmond," says Dr. Plummer, in his "Historical Sketch of Richmond," "was one Hardy. He boarded at Ephraim Lacey's tavern and walked the pavements with his thumbs stuck in the armholes of his vest and his head pompously thrown back, spouting the phrase, - 'Qui facit per alium facit per se' ; but still no business came and he concluded to go further south where merit was better rewarded." This was probably about 1820. In 1826 John B. Chapman advertises himself in the "Public Ledger" as "late of Virginia"' - "Attorney and Counsellor at Law."

John D. Vaughn came to Richmond about 1827, from Wilmington, Del., and opened a law office, practicing before the courts here a number of years.

The most notable trial held in the little brick court house at Salisbury was that of the "United States vs. Henry Chryst - indictment for murder." The case was tried in the March term, 1816, before Jesse L. Holman, chief judge, and Associate Judges

Hoover and Fleming. The trial lasted but one day. The jury, composed of Richard Lewis, David Noland, John Bratton, John Patterson, Caleb Harvey, Jacob Meek, John Stewart, Lewis Hosier, Michael Neiss, William Clawson, John Small, and Bladden Ashley, returned a verdict of guilty; and Chryst was hanged in the public square on April 1, 1816. John Test assisted the prosecutor, and James Dill and James Noble conducted the deferise. This was the first trial for murder in Wayne county.

But Salisbury's existence as the county seat was destined to be short lived. As early as 1814, Centerville, its neighbor and rival, made attempts to have the county seat moved there. The first session of the Indiana legislature, on Dec. 21, 1816, passed an Act by which the removal was authorized, on the condition that the citizens of Centerville provide public buildings equal in convenience and value to those already in Salisbury, without any expense to the county. Section 3 of the same act names Aug. I, 1817, as the day, on and after which all public business shall be transacted at_Centerville. Gov. Jonathan Jennings approved this act.

In August, 1817, the county commissioners met for the last time at Salisbury. James O'Dell and Thomas Beard, constituting a majority, ordered that the board adjourn to Centerville, the third member, Thomas J. Warman, dissented and refused to sit. An Act of the legislature, Jan. 28, 1818, authorizing the court to convene at Centerville and provided that it should convene on the first Monday of March, June, and October, and should sit six days each term. Accordingly, on the first Monday in March, 1818, the court convened at Centerville, but not with the feeling that Salisbury had relinquished her claim to the county seat. The next year the question was brought before the court to decide between Salisbury and Centerville as the legal seat. The presiding judge, John Watts, was absent. The associate judges, William McLane and Jesse Davenport, were of the opinion that Centerville was the legal seat and announced this, their rather ambiguous decision: "The seat of justice is permanently at Salisbury, the Act of Dec. 21, 1816, not having a sufficient repealing clause had not removed it; but that the Act of Jan. 28, 1818, authorized the court to hold their pro tempore session in the town of Centerville until the legislature shall otherwise direct." It is needless to say that the legislature has never otherwise directed, although as late as 1820 we find that the question came before the county commissioners. On Aug. 14, 1820, the question was finally settled by the Board, consisting of Isaac Julian and Benjamin Harris, who accepted the deed of the public square in Centerville.

Centerville rapidly forged to the front. She was settled by a class of citizens, progressive and intelligent, who soon won fame for her wherever they went and whatsoever profession they followed. Especially is this true of the legal profession. The lawyers and judges who assembled before the bar there gave to the Wayne County Bar a reputation second to none in Indiana. For more than fifty years justice was meted out by judges, such. as Charles H. Test, James Perry, Miles C. Eggleston, Nimrod H. Johnson, and William A. Peele, and the whitewashed walls of the court house resounded to the pleadings of such men as Caleb B. Smith, James B. Ray, Jacob B. Julian, Oliver P. Morton, William A. Bickle, George W. Julian, and Charles H. Burchenal.

Many interesting facts concerning the early 'history of the Wayne County Bar are found in Oliver H. Smith's "Early Indiana Trials." He says: "We generally carried with us, on the circuit, 'Epinasse's Nisi Prius' and 'Peak's Evidence,' with dog-ears turned down at each heading." A case is related in which Cyrus Finch won a case of "assumpsit" from his opponent by reading a section from the Constitution of the United States. The unanimous decision of the court was that "The Constitution of the United States must prevail; judgment for the plaintiff." A case is also related in which a certain counsel attempted to cite various British authorities in support of his plea. Such books as Coke on Littleton, Blackstone, Bacon's Abridgement, Wood's Institutes, and Jacob's Law Dictionary were read to the Court. The Court, after listening to them all, announced that "These British authorities were all cut off on the Fourth day of July, 1776; judgment for the defendant."

An amusing anecdote is related of Judge Charles H. Test. In a certain case Judge Test moved to quash an indictment for gambling, on the ground that it was bad on its face. Judge Test was not a man of very prepossessing appearance, and his opponent, Jame T. Brown, quick to seize any advantage, arose and said: "Mr. Test, if everything is quashed that is bad on its face, what would become of you?"

Many a lawyer in those days made use of terms whose real meaning he little knew. Such terms as "scire facias," "curia aduicare vult," "trespass quare," "ciausum fregit," "damnum abseque," and "injuria,' were in common use there. A lawyer in those early days generally practiced in several counties and was known as "a circuit rider." The railroad was as yet unheard of, and previous to 1824 there was no bridge anywhere in the State of Indiana, so that it was necessary that a horse should be a good swimmer as well as a good traveler. General Noble rode on "Wrangler," Rariden on "Old Gray," Amos Lane on "Big Sorrel," Judge Eggleston on "Indiana Pony," James B. Ray on "Red Jacket," and Oliver H. Smith on "Grey Fox," the highest priced horse of all, whose cost was $90.

Cyrus Finch was prosecuting attorney in 1827-28, and was a lawyer of fine perceptive powers. He was also editor of the "Western Times," one of the leading newspapers of Eastern Indiana, and won fame in the literary as well as in the legal field.

Hon. Oliver H. Smith was a native of New Jersey who emigrated to Indiana in 1817. He was prosecuting attorney for the Third district in 1825-27. He was a member of the State legislature in 1822, of the United States Congress in 1827-29, and in 1837 was elected to the United States Senate, serving in this capacity for six years. His book, entitled "Early Indiana Trials," is probably the best work ever written on the early Indiana bar and is full of valuable material.

Lot Bloomfield, Abraham Elliott, and Martin M. Ray were admitted in April, 1822. The latter was a man of high moral character and a good lawyer. He was prosecuting attorney in 1829, and also from 1840 to 1843. He represented Wayne county in the State legislature in 1834-35. :

Charles H. Test was admitted to the bar in 1823. He was a son of Judge John Test and practiced law in Lawrenceburg, Brookville, and Rushville, before removing to Centerville. He was a man of exceptional fine talents - his personal appearance being lost to sight when one listened to his masterly arguments. He was judge of the Wayne Circuit Court from 1830 to 1836 and State senator in 1840, He was also secretary of state from 1849 to 1853, and later in life was chosen judge of the Lafayette Circuit Court.

Hon. James Perry was another early faithful disciple of Blackstone, in Wayne county. A native of Ohio, he moved, in 1822, to Liberty, Ind., where he began the study of law. Admitted to the Wayne County Bar in 1824, he at once took rank with the best lawyers at the bar and, in 1831, he was licensed to practice before the Supreme Court of this State. He served as prosecutor for the Fifth Judicial Circuit from 1831 to 1832. This circuit then embraced Union, Fayette, Wayne, Henry, Allen, Randolph, La- grange, and St. Joseph counties, but owing to his poor health he was obliged to have deputies in the northern counties. In 1840 he was chosen judge of the Fifth Judicial Circuit, serying in this capacity until 1844. He was an able and forcible pleader and a sound and reliable advocate.

John S. Newman was admited to the bar of this county in 1828 and for more than thirty years was one of its most prominent members. He was a member of the convention to revise the Constitution of Indiana, in 1850, and was a man of good business ability. He served as president of three of the leading business enterprises in this State: The White Water Canal Company, the Indiana Central Railroad Company, and the Merchants' National Bank. As a lawyer his arguments were strong and his counsels safe.

Abner Haines, Thomas C. Anthony, George Holland, and Samuel Bigger were admitted in 1832. Abner Haines was a lawyer of more than ordinary ability and was at one time a partner of the Hon. Oliver H. Smith, while the latter resided at Centerville. He was elected probate judge in 1835, serving as such until 1837.

Samuel Bigger was an Ohioan by birth and first engaged in the practice of law at Lebanon, Ohio. He was elected to the State legislature in 1834, and in 1836 was elected judge of the Wayne Circuit Court, serving in that capacity until 1840. In that year he was elected governor of Indiana on the Whig ticket, serving his term acceptably and well. By his recommendation the Indiana Hospital for the Insane was established.

John T. Elliott, who was admitted to practice in 1833, was a man of fine scholarly attainments and was always popular with his colleagues at the bar. He served as judge of the Wayne Circuit Court for two terms - 1844-1852 and 1856-1865 - occupying the bench longer than any other judge in this county.

Hon. Samuel E. Perkins was a native of Vermont who first came into prominence as a Wayne county lawyer. In 1836, alone and on foot, he came to Richmond and entered the law office of James W. Borden. Admitted to the bar in 1837, he opened an office in Richmond, where his practice soon became large and iucrative. In 1843 he was appointed prosecuting attorney of the Sixth Judicial Circuit and the next year was one of the Presidential electors from Indiana. In 1845, at the age of thirty-four, he was appointed a judge of the Supreme Court for one year. At the expiration of this time he was re-appointed and, in 1852 and 1858, under the new Constitution, he was re-elected by popular vote to the same high office. Later in life he filled the chair of Professor of Law in both the Northwestern Christian University and the State University at Bloomington. He was judge of the Marion Superior Court in 1872-76, resigning to again take up his old position on the Supreme Court bench, this time serving until his death, which occurred in 1879. As an author, his "Indiana Digest," published in 1858, and his "Indiana Practice," published the following year, are two of the best books on Indiana laws ever published. Few, if any, could excel him as a jurist, for, faultless in integrity of purpose, he adorned every public station to which he was called.

Contemporaneous with Judge Perkins was the Hon. Jacob B. Julian: Left an orphan by the death of his father, in 1823, his early years were passed on the farm and at the blacksmith's forge. With but a common school education and a smattering of Latin, he started out in the world alone. Obtaining employment in the office of Judge Newman, he spent his spare moments in the study of law. In 1839 he was admitted to the bar, and in 1844 he was elected prosecuting attorney of this circuit, then composed of Wayne, Fayette, Union, Rush, and Decatur counties. In 1846-48 he represented Wayne county in the State legislature, where he was especially prominent in advancing all works of public improvements. .Although never very popular at the bar on account of personal peculiarities, his practice was always large and remarkably successful from every standpoint.

Closely associated with him by bonds of kinship as well as profession was his brother, Hon. George W. Julian, the distinguished lawyer, statesman and orator. His early life was one continuous struggle for culture and education, in the face of the most adverse circumstances. At one time he was "rodman" on the White Water canal, even then devoting all his spare time to his books. From 1837 to 1839 he was engaged in teaching school. But his ideals were higher than this. It had always been his highest ambition to become a member of the bar, and in the spring of 1839, while teaching in Illinois, he began the study of law. In 1840 he was admitted to the Wayne County Bar and immediately entered upon a career which was destined to bring him fame and honor. In the campaign of 1844 he won a brilliant reputation as a stump speaker, and in 1845 he was chosen a member of the State legislature. Mr. Julian sprang into national prominence in the famous Buffalo convention, in 1848, by warmly espousing the Free

Soil cause. During the Presidential campaign of that year he astonished everyone by the power and spirited eloquence of his speeches. In 1849 he was elected to Congress. His career in that body was not brilliant. He was one of the most radical of all the anti-slavery men and naturally drew upon himself the bitter hatred of his opponents, resulting in his defeat for re-election in 1851. In 1852 Mr. Julian was nominated as the Vice-Presidential candidate on the Free Soil platform and made a brilliant though unsuccessful campaign. He was especially prominent in the Republican convention at Pittsburgh, in 1856.. He was one of the vice-presidents and chairman of the Committee on Organization. In 1858 he was again nominated for Congress and defeated, but in 1860 was elected by a large majority to represent this district in Congress. He was re-elected to the Thirty-eighth, Thirty-ninth, Fortieth, and Forty-first Congresses. He was author of the Homestead Law and was a member of the committee which drafted the resolutions to impeach Andrew Johnson; also proposing the Fifteenth Amendment. His speeches held his audience spellbound and at the bar he was a strong and merciless opponent. In 1873 he retired from public life and afterward devoted much of his time to literary pursuits.

Admitted to the bar in the same year with Mr. Julian was the Hon. William A. Bickle. He was born in Virginia in 1819. Many of his early days were spent at the shoemaker's bench with his father. Desiring a college education in addition to what he had obtained in the common schools, he entered Miami University in 1837, but remained there only a short time. He returned to Centerville, where he began the study of law in the office of Judge Test. Being admitted to the bar in 1840, he at once removed to Richmond, where he entered upon the practice of his chosen .profession. In this he was remarkably successful from every point of view and for two years was a partner of Jacob B. Julian. Later in life he was associated with both Judge Perry and W. P. Benton. At the organization of the Wayne Superior Court, in 1877, he was appointed as judge of the court at the unanimous request of the bar here. Judge Bickle was a self-made man in every sense of the word and all his success was achieved solely by industry and close application. Few members of the bar stood higher in the profession than he, and, when in his prime, his flights of eloquence never failed to move an audience. His style was grace itself, his words were well chosen and effective, and it was his pride to be able to express the same thought in as many different ways as possible. Judge Bickle died in 1898.

Jesse P. Siddall and John Yaryan were two members who were admitted in 1842 and who later became prominent. Jesse P. Siddall was born in 1821 and was the son of Atticus Siddall, an early Richmond merchant. Admitted to the bar of this county in 1842, he removed to Madison county, where he practiced for about two years. Coming to Centerville about 1845, he formed 4 partnership with the Hon. John A. Newman, a partnership which lasted for more than ten years. In 1852 he removed to Richmond, residing there until his death in unusually propitious circumstances, in all legal matters, and with a large circle of personal friends; yet he never aspired to hold office. Political life held forth no inducements to him. To him a quiet home, with a wide circle of congenial friends, offered more than legislative halls. Few men have ever surpassed him in a close and technical knowledge of the law, and his services were always in demand in close and intricate cases.

Hon. John Yaryan was born in 1813, being a native of Tennessee. When a boy he was crippled by a gun bursting in his hands, which disabled him for all manual labor, and he was therefore given a liberal education. He began the study of law under Judge Perry, at Liberty, and commenced to practice there. In 1842 he was admitted to the bar of this county, where he began a long and successful career. Especially in the political circles was he prominent. He represented. Union county in the legislature twice, and Union and Fayette counties once in the State senate. In 1877 he represented Wayne county in the legislature and in 1888 was elected to the senate.

Hon. Nimrod H. Johnson was admitted in 1843 and at once attracted attention through his marvelous abilities, both as an advocate and jurist. He was commissioned prosecuting attorney in 1848, and in 1852 was appointed as first judge of the Common Pleas Court. In 1867 he was elected judge of the Wayne Criminal Court, in which position he was serving at the time of his death. His useful career was ended suddenly, in 1869, by his accidentally taking poison.

William A. Peelle was admitted to the bar in 1845. Removing to Winchester, Ind., the following year, in 1848 he was elected prosecutor for the Randolph Circuit Court. In 1854 he was elected judge for the Common Pleas Court of Randolph and Jay counties. In 1860 he was elected secretary of state on the Republican ticket, and six years later he was chosen as representative to the State legislature from this county. He also served for a short

No name among the list of Indiana's statesmen and jurists stands forth brighter than that of Oliver P. Morton. He was born in Wayne county, in 1823, and at the age of fifteen was apprenticed to a hatter in Centerville, working at his trade four years. He spent all of his spare moments in close, earnest study, and in 1841 entered Miami University. Graduating there with high honors, in 1843, he returned to his old home in Centerville and began the study of law in the office of John S. Newman. In 1846 he was admitted to the bar of this. county. His legal preparation had been most thorough and conscientious, and this, coupled with his marvelous intellect and easy flow of language, soon brought him a reputation as Indiana's foremost lawyer and jurist. "While he was engaged in the practice at Centerville his services were in great demand. It is related by William Dudley Foulke, in his "Life of Morton," that two adversaries, having become involved in some legal controversy, both sought to engage Morton's professional services. One of the combatants lived in Cambridge City; the other, in Richmond. Both started for Morton's office, in Centerville, but as the distance from Richmond to. Centerville is somewhat shorter than that. from Cambridge City to Centerville, the Richmond man arrived first, secured Morton's services, and ultimately won his case. In 1852 Morton was elected judge of the Wayne Circuit Court, serving somewhat 'less than a year in this capacity. Nominated by the Republican party for governor, he was defeated, in 1856, by Ashbel P. Willard. In 1860 the Republican party was victorious and Mr. Morton was elected lieutenant-governor, with Gen. Henry S. Lane as governor. The latter resigned, in 1861, to become United States Senator from Indiana and Mr. Morton succeeded to the office of governor. In 1864 he was elected to the same office and filled it until 1867, when he became United States Senator, succeeding General Lane as the Republican choice. Re-elected to the same high office in 1873, he represented Indiana in this assembly until his death, which occurred Nov. 1, 1877. Few men have brought more renown to their native State than Oliver P. Morton. His speeches in the Senate chamber are models of clear, masterly, and penetrative thought. His style, in the words of William Dudley Foulke, was, "earnest and logical, but not ornate." During his practice at Centerville Mr. Morton was a prominent member of the "Dark Lyceum." This was a debating club, organized about 1842, by George W.

Julian, Neel McCullough, and others. Its sessions were generally held in the second story of the Seminary building, and as the name indicates, in the dark. Its purpose was to improve the members in extemporaneous debate and, under the cover of darkness, it was thought that they could speak and gesticulate with greater freedom. The "Dark Lyceum" was reorganized, in 1850, and its membership increased to sixteen. The "Monroe Doctrine," the "Kansas-Nebraska Bill," the "Wilmot Proviso," and "Kossuth and Hungary" were among the great problems disposed of by its orators. The meetings were presided over by a "Premier" and every member in turn introduced some proposition and opened the debate. The care of the library and records were entrusted to a "Prelate," who also had the task of 1 inquiring into the morals of the members. The members were often tried in solemn form for misbehavior. john F. Kibbey was indicted for marrying without the consent of the Lyceum. His act was a clear violation of Art. 1, Sec. 6, of the By-Laws, which reads: 'Members are absolutely prohibited from engaging in any matrimonial alliances without first obtaining the approbation and consent of the Lyceum, and having granted unto them a 'Marriage Dispensation' in due form, under the signature of the Prelate and Seal of the Lyceum. Any member convicted of wilfully violating the provisions of this by-law shall be ignominigusly expelled, his books confiscated, and his marriage declared utterly null and void."

Prominent among the members of the "Dark Lyceum," and closely associated with Mr. Morton, were Hon. Charles H. Burchenal and Judge John F. Kibbey. Charles H. Burchenal was born in Maryland in 1830. Removing to this county in 1841, he obtained a limited though thorough education in the public schools of Centerville and Richmond. He began the study of law, in 1850, under the direction of John F. Newman. Under the provisions of the Constitution, adopted in 1851, any citizen of legal age and of good moral character could be admitted to practice. Ignorant and incompetent men thus often crept into the profession, and Mr. Burchenal was unwilling to be classed with these. He voluntarily submitted to an examination by a committee of lawyers of the bar and passed their examination with credit, in 1852. In 1854 he was elected to the only office he ever held, that of district attorney of the Wayne Common Pleas Court. Quiet and unobtrusive by nature, he never aspired to any political fame. He was absolutely free from any fraud or sham. Gen. Benjamin Harrison said of him: "He added to fine intellectual powers a very high sense of

Hon. John F. Kibbey was born in this county, in 1826. His early years were spent in study under his father, who was exceedingly well versed in literature. In 1845 he entered Miami University, at Oxford, Ohio. His aspirations had always been towards the bar, and, in 1849, he began the study of law in the office of Oliver P. Morton, in Centerville. After a study of two years he was admitted to the bar, in 1852, and soon afterwards formed a partnership with his former preceptor, Mr. Morton. This partnership was a happy combination. Mr. Morton, who had a great dislike for all kinds of office work, was especially strong before a jury, while Mr. Kibbey's strong forte was just in such minute and close study as was required to draw up pleadings, etc. In March, 1862, Mr. Kibbey was appointed attorney-general of Indiana to fill a vacancy in that office. In 1863 he was appointed military commander of his Congressional district, with the rank of colonel. His duties were to raise volunteers, equip them, and control the camps until mustered into service. While acting in this capacity he enlisted over 1,900 men. At the same time that he was engaged in military duties, Mr. Kibbey was also judge of the Wayne Common Pleas Court, holding this office from 1865 until it was abolished, in 1873. In October, 1873, he was elected judge of the Wayne Circuit Court, serving in this capacity until 1885. Few members of this bar had a wider and more general knowledge of the law than Mr. Kibbey, and his career upon the bench, a period of twenty years, won him distinction and honor.

Hermon B. Payne was also admitted to the bar in 1852. His studies were completed under Judge Perkins and were most thorough. Mr. Payne always practiced his profession in Richmond, and was always regarded as a-safe lawyer and a good counsellor.

Lewis D. Stubbs was admitted to the bar of Wayne county in 1857. He read law under Judge Abner Haines, at Eaton, Ohio. Mr. Stubbs graduated from the Cincinnati Law School in 1857. He was prominent in political as well as legal circles for a number of years and served several years as chairman of the County Central Committee of the Republican party.

John C. Whitridge became a member of the bar in 1858. He was a lawyer of more than ordinary ability and was very successful in his practice. In 1860 Mr. 'Whitridge was elected district attorney, in conection with the Common Pleas Court, and served in this capacity until 1864. He was extremely social by nature and was very popular with the members of the bar. Mr. Whitridge died in 1888.

Judge Henry C. Fox was admitted to the bar of this county in 1861. His legal knowledge was largely acquired under the tutelage of the Hon. George W. Julian, in whose office he studied. Mr. Fox first settled in Hagerstown, where he practiced his profession until 1868. In that year he removed to Centerville, where he formed a partnership with Judge Peelle. He served as district attorney of the Common Pleas Court from 1864 to 1868. Removing to Richmond, in 1873, he has since resided there. In 1878 he was elected judge of the Wayne Superior Court and served in this position until the court was abolished, in 1879. In 1896 Mr. Fox was elected as the judge of the Wayne Circuit Court and is the present incumbent in that office. He is a man of fine legal attainments and is popular in his profession.

Hon. Daniel W. Comstock was admitted to the bar of Wayne county in 1862. He graduated at the Ohio Wesleyan University, at Delaware, Ohio, in 1860. He was first admitted to the bar of - Henry county, in 1861, and in the following year was elected dis- _ trict: attorney for the Common Pleas Court of the Eleventh district. In 1863 he enlisted in Company E of the Ninth Indiana cavalry and served his country with distinction until 1865, leaving the service with the rank of captain. He was prosecuting attorney for the Wayne Circuit Court from 1872 to 1874, and in 1878 was elected to the State senate from Wayne county. Mr. Comstock was also the judge of the Wayne Circuit Court from 1885 to 1896, when he resigned to accept a judgeship on the bench of the Appellate Court of Indiana, which position he held until Jan. 1, 1911.

Thomas J. Study, Isaac B. Morris, and Abel L. Study, were admitted to the bar in 1863, and though never aspiring to political fame, labored faithfully and earnestly in upholding the dignity of their profession. The first is well known as a criminal lawyer and served a short time as the judge of the Wayne Circuit Court, in 1896, being appointed to succeed Daniel W. Comstock, who resigned.

Abel L. Study was deputy district attorney under Henry C. Fox, and is an earnest, conscientious member of the profession. He has always resided in Richmond and has never aspired to political office.

A sketch of the Wayne County Bar would not be complete without mention of three prominent soldier-lawyers, whose names are Gen. W. P. Benton, Gen. Thomas W. Bennett, and Col. W. W. Dudley. Each of these men was a valiant soldier as well as an able advocate. W. P. Benton was admitted to the bar in 1851 and at one time was a partner of Jacob W. Julian, as well as of Lewis B. Stubbs. Mr. Benton was elected judge of the Common Pleas Court in 1856 and served one term. When Fort Sumter was fired on he was the first man in Wayne county to respond to President Lincoln's call for volunteers. His record as a soldier was a brilliant one.

Thomas W. Bennett graduated at Asbury University in 1854, and first began the practice of law in Liberty, Ind. He enlisted in 1861, on the first call for troops, and entered the service as captain in the Fifteenth Indiana infantry. General Bennett took an active part in the battles of Shiloh, Arkansas Post, and Vicksburg. As a recognition of his services, President Grant appointed him governor of Idaho Territory in 1871. He was elected mayor of Richmond, in 1877, and gave the city probably the most successful administration it has ever had. General Bennett was popular among all classes - honest and generous in all things.

Col. W. W. Dudley won fame for himself in the battles of Antietam, Fredericksburg, and Gettysburg. For his gallant services at Gettysburg he was breveted brigadier-general. Returning to this county after the war, he was admitted to the bar in 1875. His practice here was comparatively short, for he subsequently became United States Marshal of the District of Indiana. Mr. Dudley is now engaged in the practice of law in Washington, Be

John L. Rupe was admitted in 1868, having been a student in the office of Jacob B. Julian. In 1870 he was elected district attorney for the Common Pleas Court, and being re-elected in 1872, served until the office was abolished, in 1873. Mr. Rupe also served as mayor of Richmond from 1883 to 1887; he is an able lawyer.

Hon. Henry U. Johnson was admitted to the bar of Wayne county in 1872, and is a son of Hon. Nimrod H. Johnson. He was elected prosecuting attorney of the Wayne Circuit Court, in 1876, filling that position until 1880. His rise in public life was rapid and, in 1886, Mr. Johnson was elected to the senate of Indiana, where he first gained prominence as a politician. In 1890 Mr. Johnson was chosen by a large majority to represent this (the Sixth) Congressional district in Congress, and was re-elected four times, by large majorities, to the same high position. His record in Congress was a brilliant one. He is a fearless, though honorable, opponent, as well as a fluent and able orator.

Since 1873 the seat of justice of Wayne county has been located at Richmond. An Act of the legislature of 1869 provided that whenever fifty-five per cent. of the legal voters of any county shall petition for the removal of the county seat, such removal shall be legal, provided that the county seat shall be moved at least three miles. Such a petition was signed by 4,937 voters, on June 3, 1872, and on Aug. 15, 1873, the records were removed to the new building in Richmond. In 1890 this building was replaced by an elegant, new, commodious structure, to which every citizen can point with pride.

Among the recent members of the bar, admitted since 1873, the following are prominent: Thomas R. Jessup, Benjamin F. Harris, Charles E. Shiveley, William Dudley Foulke, Jonathan W. Newman, John F. Robbins, Benjamin F. Mason, Arthur C. Lindemuth, Luther C. Abbott, Richard A. Jackson, Henry C. Starr, Alonzo M. Gardner, Roscoe E. Kirkman and Perry J. Freeman. Charles E. Shiveley was admitted to the bar in 1875, beginning his practice in Cambridge City, Ind. In 1880 Mr. Shiveley was elected prosecuting attorney and was re-elected in 1882. In 1894 he was elected to the State senate from Wayne county, and served four years. Mr. Shiveley is an able lawyer and a good parliamentarian.

Hon. William Dudley Foulke was admitted to the Wayne County Bar in 1875. His early education was obtained chiefly in the public schools of New York City and at the Friends' Seminary. Graduating at Columbia College, N. Y., in 1869, he entered the law school of the same college and graduated in it in 1871. In the political field his services have not been without distinction. In 1882 he was elected to the Indiana State senate from Wayne county and served for four years, being retired, in 1886, upon his refusal to support James G. Blaine. In his practice at the bar of this county Mr. Foulke has been associated with Jesse P. Siddall and John L. Rupe. His services in behalf of Civil Service Reform have won for him a wide reputation. As an author, his works - "Slav and Saxon" and "Life of Oliver P. Morton" - have attracted much attention and favorable comment, as stated elsewhere.

John F. Robbins, Richard A. Jackson, and Henry C. Starr have won no small reputation as criminal lawyers, and have each served as prosecuting attorney of the Wayne Circuit Court. Mr: Robbins was admitted in 1876 and served as prosecuting attorney from 1884 to 1886. Mr. Jackson was admitted to the bar in 1879 and was elected prosecuting attorney in 1886, serving two terms. Mr. Starr was admitted in 1886 and in 1890 was elected prosecuting attorney.

County And Associate Judges

1810 - Peter Fleming, Aaron Martin, and Jeremiah Meek; 1812, William Harland; 1814 - Peter Fleming, Aaron Martin, and Jeremiah Meek; 1815 - David Hoover, Elijah Sparks, and Josiah Davidson, vice Aaron Martin; 1817, Jesse Davenport and William McLane; 1824, John Jones and John Scott; 1829, Caleb Lewis and Beale Butler; 1830, Beale Butler and Asa M. Sherman; 1837, Jesse Williams; 1839, David Hoover; 1842, James R. Mendenhall, 1845, John Beard; 1848, Abner M. Bradbury.

District Attorneys

Admitted in 1815 - Amos Lane, John Lawrence, John Test, Jesse L. Holman, James Dill, William Hendricks, James Noble, Edmund F. Vawter, and Stephen C. Stephens; 1818 - Miles C. Eggleston, Addison Smith, James Rariden, and D. J. Caswell; 1819 - William W. Wick, Nathaniel French, James B. Ray, and Bethel F. Morris ; 1820 - James Gilmore, Cyrus Finch, David Drew, Stephen Whitcher, and Oliver H. Smith; 1822 - David Higgans, Hardy, Abraham Elliott, John T. McKinney, Martin M. Ray, and Lot Bloomfield; 1823, William R. Morris and Charles H.

Test ; 1824 - Josiah A. Polk, James Perry, and Jones A. Miniwell; 1826, John B. Chapman; 1827, John D. Vaughan; 1828, John S. Newman; 1830 - Foster P. Wright, Gustavus A. Everett, and William J. Browne; 1832 - Abner Haines, Thomas C. Anthony, Samuel Bigger, and George Holland; 1833 - Hugh B. Eggleston, John B. Weller, Charles Borland, John T. Elliott, Eli Murphy, Thomas Johnson, and Samuel Bascom; 1834, William Elliott; 1835 - James B. Haile, W. H. Coombs, Andrew Hendy, Cyrus F. Dempsey, and Charles Moore; 1836, Dwight Jarvis and J. S. Hawkins; 1837 - William Brumfield, James G. Green, Richard W. Thompson, - - Starweather, Samuel E. Perkins, James A. Sullivan, George B. Tingley, Edmond Johnson, John Brownler, Thomas D. Hawkins, and Elisha Vance ; 1838, Zachariah Puckett ; 1839 - Jacob B. Julian, Andrew J. Harlan, Sampson Powers, John Ryman, and Cox; 1840 - Solomon Baker, William A. Bickle, James B. Sleeth, George W. Julian, and James Hannah; 1841 - David Quinn, John S. Reid, and Joseph Justice; 1842 - Jesse P. Siddall, William E. Rose, Michael Smith, and John Yaryan; 1843 - Robert E. Cooper, Nimrod H. Johnson, and Neel McCullough; 1844 - Rawson Vaile, John H. Farquhar, George Pattison, John D. Howland, R. A. Riley, Mathew S. Ward, and Enoch P. Justice; 1845s - Lorenzo C. Doughtery, William A. Peelle, James A. Frazer, Holman, David B. Woods, Oliver Butler, and Dillion Bridger; 1846 - Oliver P. Morton, James Long, and Thomas Means; 1847 - William A. Burroughs, John Withrow, and Benjamin A. Claypool; 1848, Ralph Berkshire and John Curtis; 1850, Joseph S. Buckles; 1851 - Lafayette Develin, George Develin, John M. Washburn, Leonidas Sexton, and William R. Tomlinson; 1852 - Charles H. Burchenal, John F. Kibbey, John C. Davidson, Elijah F. Estop, Robert N. Hudson, Herman B. Payne, Joseph Murphy, L. Noble, Noah W. Minor, James H. Hunt, Henry J. Shombre, and Silas T. Cooper; 1853 - David T. Smith, William W: Tilley, Kibby Ferguson, and Jehiel T. Railsback; 1854, George A. Johnson; 1856 - Fletcher Meredith, John H. Popp, and Charles C. Binkley; 1857, Edmund B. Newman and Lewis D. Stubbs; 1858 - Solomon Meredith, Alexander W. Ray, John Crum, Sylvester Ballenger, Elson Nailey, and John C. Whitridge; 1859 - Francis Pruyer, Daniel M. Bradbury, Henry Garrett, and James H. Woods; 1860 - James H. McConnell, Israel Miles, William R. Halloway, Benjamin F. Beitzell, Charles H. Raymond, and D. W. Mason; 1861, Henry C. Fox; 1862 - George W. Potter, George Sands, John S. Miner, and Daniel W. Comstock; 1863 - William H. Watkins, Isaac B. Morris, Abel L. Study, and

Thomas J. Study; 1864 - Joseph L. Gaus, David Moss, and William W. Woods; 1866 - Jesse T. Williams, J. M. Albert, Richard S. Druley, Robert C. Corboley, John S. Hawkins, and John S. Bliss ; 1867 - W. P. Payne, Calvin B. Walker, and H. J. Hayward; 1868 - James S. Stewart, John L. Rupe, and Augustus B. Young; 1869 - R. A. Riley, William R. West, Walter March, William R. Hough, and Herman Bronson; 1870 - Samuel C. Whitesell, E. M. McDonald, W. T. Dennis, Samuel A. Forkner, Harrison Gabel, and Martin B. Miller; 1871, Robert B. Fletcher; 1872 - Paul V. Washburn, Charles S. Ballenger, Henry U. Johnson, Thomas R. Jessup, and Almon H. Dickey; 1873 - David H. Hill, David Fouts, and John S. Underwood; 1874 - Norwood J. White, George Pomeroy, Peter W. Young, and William W. Dudley; 1875 - Benjamin F. Harris, Isaac Doan, Judson Kilpatrick, Jasper Holland, Alonzo Pattey, D. C. Chipman, Charles E. Shiveley, James F. Henderson, Israel W. Gregg, William Dudley Foulke, Joseph H. Kibbey, and Jonathan W. Newman; 1876 - Joseph T. Smith, G. H. McGrew, John F. Robbins, George W. Fee, B. F. Van Arman, and Hiram E. Moore; 1877 - D. P. Whitesell, Alva Grave, Ralmajo Paige, and Perry Haines ; 1878 - Charles E. Boston, Marcellus L. McLaughlin, James T. Pretlow, and Oliver H. Bogue; 1879 - Joseph Ruffner, Luke H. Wrigley, Lewis C. Morehouse, W. H. Ogborn, W. C. Ladd, Euss Thomas, John H. Mendenhall, Henry C. Rudy, William E. Cox, E. P. Ferris, and Richard A. Jackson; 1880 - Luther C. Abbott, George S. Needham, Thomas E. Mott, Elias E. Post, and John R. Steever; 1881 - John T. Deal, Charles S. Leeds, Albert Baker, and Isaac H. Pedrick; 1882 - Malcolm Jackson, David W. Dennis, and Charles G. Offert; 1883, Walter O. Frazer and Jacob R. Penland; 1884, James W. Nichols; 1885 - Frank C. Kibbey, Perry J. Freeman, and A. E. Woolput; 1886 - Alonzo M. Gardner, Henry C. Starr, and John M. Lantz; 1887, William C. Bernhardt; 1888, William J. Strayer; 1889 - Roscoe E. Kirkman, W. J. Capeller, Jesse E. Beeson, and Aaron M. Waltz; 1890 - J. W. Jackson, William A. Bond, and Lynn E. Kepler; 1892, Llewllyn B. Jackson; 1893 - Frank C. Roberts, W. C. Converse, Frank S. Lamar, and Charles M. Fouts; 1894, J. F. Nixon; 1896 - Everett A. Richey, W. A. Medsker, Roy W. White, William H. Kelley, and Jesse R. Reeves; 1898, Robert W. Randle. Since 1900 a number have been admitted to the Wayne County Bar and at the present time the following are members. They are arranged according to the order of their admission: Daniel W. Mason, Cambridge City; Henry C. Fox, Richmond; Daniel W. Comstock, Richmond; Thomas J. Study,