Whitley County, Indiana - The whole text, 1907 (part 8 of 28)

Abraham, son of George W. Elder, says : "We moved from Seneca county, Ohio, with a team of oxen. We first went to mill at Syracuse and it took us two full days to go and return with our oxen. There were no regular schools, only subscription schools. 1 first went to Mrs. Joel Rine, who taught in her kitchen in 1839. I now own the land on which this first school room stood. The first death I know of in the township was my grandmother, Elizabeth Rine, in 1839. We buried her over in Kosciusko county. We did not do much store trading, nearly every one produced what they used, but what little trading we did was mostly at Summit, one mile west of present Larwill, We scarcely ever went to Warsaw, Columbia or Fort Wayne, but did sometimes go to Oswego. One morning about four o'clock I asked my father if I might go that day to Grandfather Rine's. 'Yes,' said he, 'if you go right now.' and I went. He was more afraid than I was and I had scarcely made the mile in the dark till he was there too. I think the first school house ever built in the township was on the northwest quarter of section 15."

Lorin Loomis came in 1839. Fielding Barnes in 1843. Settlers came slowly to Troy township till 1840, but the following came before 1841 : Robert Adams, Lewis Adams, Jacob Stackhouse, Henry Harpster, Samuel Marrs, James Grant, Samuel Palmer. Henry Roberts, Levi Adams, Pearson R. Walton, James Latoon, John J. English, Almond Palmer, Hiram Lampkins and Harlow Barber. Alexander Blain came in 1840, Thomas A. Elliott and Richard Vanderford and Carter McDonald in 1843, Lorin Loomis and John Harrison in 1841 ; Jonathan Sattison and A. M. Trumbull in 1842.

Thomas Estlick. The next was a daughter of Joel Rine, and this child was the second death. The first marriage was Rev. Samuel Smith to Clarissa Blanchard ; the second, David James to Eunice Goodrich.

The first school in the township was taught by Stephen Martin, Jr., in his own house in 1838- 1839. The first log school house was built at Grant's Corners, and Clarissa Blanchard was the first teacher; the second, Old North school house, on A. M. Trumbull's land. The next was called Black Rock because built near the land of Joel Casey, a negro.

The first church organization was the Protestant Methodist in 1840. Rev. Bratt came from over in Kosciusko county and preached in the cabins of the settlers in the south and west part of present Troy. This resulted in the organization of a class of the society and preparation was made for the building of a log church on section 18 in 1 84 1, but it fell through and the organization soon after disbanded, as the Methodist Episcopal denomination had organized near the center of the township in 1840. They met at settlers' cabins and in school houses until they built their first house of .worship in 1849. The present brick church was built about 1879. About 1844 a Baptist organization was formed and they held services for several years at private houses and at the Center school house, but never erected a house of worship in Troy. The Baptist church in Etna township is its successor.

The Presbyterian church was organized in 1846. Thomas Elliott was its real founder. The society now worships in the second house built on the same spot. It is at this place that Rev. W. S. Harker died on duty. He lived at Larwill and was the regularly installed pastor of this church. On the first Sunday morning of August, 1869, he was on hand, and just before going into the pulpit remarked that he was in a perfect state of health. To John Harrison he said, "I am as heart}- as a bear." He had been speaking for a few minutes when he weakened and a few words he attempted to say were a rattling ramble, then taking a deep breath, he said, "Friends, I can say no more." He then called his wife and sank into a seat. She ran to him, ordered the windows opened and then had him carried out and back of the house and laid on the grass. He at once lost consciousness and never regained it. Dr. Kirkpatrick was sent for and bled him. but it did no good, and he died in about two hours from the time he was stricken.

The Free Methodist church was built in 1879 on the farm of Jacob Klingerman at the northeast corner of section 34, Richland township. The trustees were Thomas Pritchard, Jacob Klingerman and Jackson Tannehill. The building was torn down in 1882 and moved to Steam Corners or Lorane in Troy township, where it was rebuilt and was rededicated by Rev. Hammer. It now has a membership of nineteen. The trustees are Edward Russell and Charles Sellers. The present pastor is Rev. Perry E. Morgan.

Levi Adams settled on section fourteen in 1842 and in 1845 he laid off a spot on his land for a cemetery and deeded it to the county. It is still known as the Adams cemetery. The first burial was Mrs. Lorenzo Havens in 1845, and the second was Levi Adams' first wife in 1846.

Jacob Scott owned the southwest quarter of section one in 1847 when his wife. Lydia, died, and he buried her on the southwest corner of the farm and dedicated a plat for a public cemetery and it is still known as the Scott cemetery. There were many earlier burials at various places in the settlement but most of the bodies were taken up and reinterred at Scott's.

June 3, 1867, Samuel and William Snodgrass and Adam C. Brosman. all of Troy township, and Samuel Firestone, from Kosciusko count}', organized themselves as Regulators, and were incorporated as the "Invincibles" and given the power of constables to make arrests of persons violating the criminal laws.

Jacob Scott named Xew Lake, because the Scott family found it after the one to the north, which they called Old Lake. Thomas Estlick named Loon and Goose lakes. In 1837 he shot a loon on the former and had a great deal of trouble to get it ashore, then gave the body of water the name. He named the other Goose Lake because in early days he shot so man}- wild geese on it. Cedar Lake took its name from the larg'e number of cedar trees that early grew on its banks.

As before noted. James Lyttle was an earl_\' settler in Troy. He was a negro. Soon after his settlement in the township his wife died, leaving- several children, all full-blood negroes.

There was a family named Sutton living on the northwest quarter of section 18, Thomcreek township, adjoining Troy, and one daughter. Charity, lived with Nathan Chapman in the strip now belonging to

Richland. She was a comely maiden, but the family was rather shiftless and not of the highest order. Lyttle was fairly wellto-do and had some money and determined to marry Charity Sutton at all hazards, though the law forbade such marriages under severe penalties. It was evident he could not marry her and stay, here, so he arranged to move west, promised Nathan Chapman $100 to secure the girl's consent and help consummate the deal. He also secured the consent of the girl's family and took them along. In October, 1841. the Lyttle family and the Sutton family, accompanied by Chapman, started west. In Michigan at that time no marriage license was required, but the laws strictly forbade the intermarriage of whites and blacks. On October 30. 1841, Chauncey May, a justice of the peace in St. Joseph county. Michigan, married Lyttle and Miss Sutton. What he got for disobeying the law is not known and as the parties moved on and Chapman returned, the justice of the peace was never brought to book.

In 1888 a letter was received by the clerk of the Whitley circuit court "from a daughter of this union at Pineville. Oregon, offering fiftv dollars for a certificate of the marriage if it could be made to appear the marriage took place four months earlier than it occurred. A certificate was procured from St. Joseph county, but as no one wished to perjure themselves or falsify the record the Oregon parties would not pay for it.

There has never been a saloon in Troy township. The people are industrious and thrifty and a greater per cent, of them are church-going people than of any other township in the count}'.

people are prosperous and happy. Having" neither town nor railroad, it is somewhat isolated, but is near enough to Columbia City, Larwill and Pierceton that the people do not suffer any special inconvenience. Neither a doctor or a lawyer has a residence in the township.

Recollections Of Early Troy By Mrs. Fannie Marrs

This brings to my mind the scenes of my childhood and those dear old faces that have nearly all passed away. If I could only remember dates I could give you a great deal of interesting' early history. My father, Price Goodrich, landed here in June, 1838. James Joslin, John Black and Harlow Barber, with their families, came in 1839. Blanchard and Harry Roberts about a vear and a half later. Samuel Marrs came in 1837, the year my father came to buy land. They both picked on the same piece, and Marrs got it. but I got one of his boys. I have lived on the place for fifty- four years.

It was Levi Little* and not James who came in 1838. He settled on the bank of "Wilson Lake and the lake went by the name of Lyttle's Lake. Alex Wilson bought him out and the lake took his name. When Lucie Billy Jameson came to the count}- he wanted to find Lorin Loomis. The trees were marked "L" and he followed them and came to Lyttle's.

when Rev. Harker fell and died. The church was organized in 1846 by Mr. Sad. Lorin Loomis, William Jameson, Thomas and Robert Elliott, John and William Harrison, Salmon and Lyman Noble, John Mc- Keehan and Myron Noble, with their wives, constituted the first membership.

The first Methodist I heard preach was at ni}' father's house, Anderson Parrett and Edwin Cone alternately. They held services around in the homes of the brethren.

My father used to take brother Silas and myself by the hand and take us as far north as Etna to Kinney's and as far south as Benoni Mosher's and as far west as David Hayden's. I remember well once when my father. Aunt Lucinda Goodrich and myself went down to Hayden's to meeting". We had only one horse, which we took turns riding. We were on the old Squawbuck trail and I was walking" ahead and I saw just ahead of me in the roots of a beech tree a little fawn. I slipped up and sprang" after it, but it was too quick for me. I think it was in the year 1850 that the first old Methodist church was built. Among the first members were my father and mother, Blanchard and wife, Harlow Barber and wife, Harry Roberts, Joseph and Robert Tinkham and wives. Samuel Smith was our first circuit preacher. He married Clarissa Blanchard for his second wife, and my father broke his team to sell him a horse so his wife could ride the circuit with him. I think the old school house at Grant's Corners was built in the vear 1840. Clarissa Blanchard was the first teacher and among her pupils were Edwin, and Joseph Joslin. Delila Loomis. Jane, John and Hannah Hartsock, Henry and Ezra Grant, Sarah I.

Black. Permelia Chapman, my brother Silas and myself. I do not know sure, but think old Mrs. Hartsock and her son William were the first burials at the Presbyterian church.

My grandfather, Bela Goodrich, was a feeble old man when we came here, but was able to hunt and fish a great deal. He used to hunt young" wolves and bring them in the house before they had their eyes open and lay them down on the floor. We children would want to keep them as pets, but he said he would pet them with a club.

The first deer my brother Silas ever shot was when he was eleven years old. He came to have me go and help hang it up. I went with him and we worked and worked and tried very hard to bend a sapling, but finally gave it up. I want to tell how the children of those days had to work for a living. To get a few cents we had no other way except picking cranberries and digging g'inseng and other roots. Didn't have a place even to sell these before there was a store in Columbia. I remember once of going east of Columbia to what was called Polander's store at Heller's Corners - a neighbor girl and I nil horseback. I rode a three-yearold colt. Sometimes we crossed Loon Lake to a little store kept by a man named Richards and in 1843 I think the first store was started in Columbia. I could give a perfect history of the early Columbia if I could remember the dates. I remember the first peaches we sold in Columbia. We had a few very nice red and yellow ones, rare ripes. My father took a patent pail full to town and sold them by the dozen. Bever Edwards bought them and took a few and tied them up in his red bandana handkerchief and started out and I watched him go across the way to old Jakey Thompson's, where his girl, Beckv Thompson, met him at the door. She was his wife later.

I think Horace Tuttle and old Dr. Mc- Hugh's place of settlement was about a mile southwest of where Sam Shoemaker now lives. Their wives were sisters - Irish women. Once when I was down at Asa Shoemaker's their girls and I went over to Tuttle's to see the baby and they let us hold it. Mrs. Tuttle said they called it Colwell Wolcott. I never forgot his name. I have heard he was born in Columbia City, but that is not true.

Once when I went to pick swamp gooseberries I saw a rattlesnake run into the moss at the roots of a willow tree. I took hold of its tail and threw it up on the high ground and killed it. When deer were plentv. one day the children came in and told mother her geese were all flying away. They saw the deer jumping the fence and their white tails bobbing, and they mistook them for the geese.

Columbia township was organized by the board of commissioners May 5, 1840, the election for one justice of the peace being held on the 3d of August at the .house of David E. Long in the village of Columbia, and resulted in the selection of Elijah C. Osborn, who received four of the six votes cast. Failing to qualify, Joseph W. Baker was appoined, being succeeded upon his resignation by Horace Tuttle September 6, 1841.

February 1, 1840, Elihu Chauncey, of Philadelphia, laid out Columbia, the original plat showing two hundred and twenty-eight lots in twenty-seven whole and three fractional blocks, all north of Blue river. It was located on the west side of section eleven (il), township thirty-one (31), range nine (9) east. See Deed Record "A," pp. 184-5-6.

The streets surrounding block fourteen - the court house square - were niney-nine feet wide and the plat shows that the streets are nut of the true meridian (north and south) fiVe degrees and thirty-five minutes. Elihu Chauncey's first addition was platted April 10, 1841, and contained one hundred and thirty-six regular town and twenty-eight out lots. Deed Record "A," pp. 441-2. Henry L. Ellsworth acted as attorney and agent for Chauncey and, in fact, it was he who secured the site as the future county seat, though one mile to the southwest on the Beaver reservation would have been a much more suitable location, it having a gravelly instead of a heavy clay soil. Isaac Shinneman on the 2d of Tune, 1848, recorded an addition of twenty-four lots west of the section line, now called Line street. Deed Record "C," p. 417. The original town was surveyed by Richard Collins during the last week of November, 1839, assisting the commissioners, Otho W. Gandy, Joseph Parrett and Nathaniel Gradless. Collins was sheriff and was the trustee to whom Chauncey had conveyed one-half the lots in the town site to the county. He lived near South Whitley and in riding home after his survey was completed was lost and found himself near Fort Wayne upon consulting his compass.

We have had three court-houses, the first a two-story frame, which stood on the west side of the square, and was erected about 1842. The jury room was in a separate nearby building, built but one or two years after the court house. It now belongs to the Harter family and stands in the north part of the town, while the court house was sold to Dr. Swayze and standing opposite Dr. Linvill's is owned by the Eyanson estate.

The second court-house, on site of the present, was begun in 1849 and finished in 1851, costing $8,500. and was constructed of brick and stone. Tt was sold to C. B. Tulley. who removed it. In 1888 it was replaced with the present building costing $165,000. B. F. Tolan, of Fort Wayne, architect. Joseph S. Baker and Washington Yanator, of Warsaw, contractors.

The old jail standing west of the square on the present site of the city building was of plank and finally replaced in 1^75 by the present commodious structure combining jail and sheriff's residence, costing $35,000.

The name Columbia was at first given to the county seat, but "Whitley Court House" was the name of the first postoffice, there being another Columbia in the state. In 1854 there arose a desire to have the postoffice conform to the town and a heated discussion resulted, man}- names being presented and supported. The contest narrowed to "Beaver" and "Columbia City," the former being in honor of the noted Indian whose reservation occupied much of Columbia township. The population of 740 people waged a wordy war. a final vote resulting in but three majority for the present name.

In 1850 Whitley county had nine hundred and thirteen dwellings, nine hundred and forty-one families, five hundred and twenty-two farms and eight manufacturing establishments. The first of the latter was a corn cracker and saw mill, which was erected in the autumn of 1843 D>' Henry Swihart as agent of Henry Ellsworth, and stood near the present Tuttle & Company mill. The limited water supply made its operation a matter of considerable uncertainty.

In after years the Tuttle & Company flouring mill and Liggett & Mills mill each contributed in no small way to the industrial life of the city and are to-day first-class properties.

During the "forties we had some small stores. Thomas Ellis, Thomas Washburn. George Arnold. Eli Meiser and Mrs. John Rhodes were among the owners as was Tames B. Edwards, whose geniality and readiness at argument and repartee soon made him popular. All the great questions agitating the country, slavery, temperance, the republic of Texas, the Mexican war. the gold fever were ably argued pro and con around his fireside, his own part giving him a prominence that made him clerk of the courts and sheriff of the county.

The first bank in Columbia City was established by Franklin H. Eoust, the present president of the Columbia City National Bank. In the early 'seventies, Elisha L. McLallen and Theodore Reed started the Farmers' Bank, now the First National, in the Central Building, which is now owned by the McLallen brothers and their father, Henry McLallen.

Probably the first permanent settler in what is now Columbia township was Asa Shoemaker, who. in 1837, settled on Big Spring' creek, where his son, Samuel F. Shoemaker, was born October 18, 1838, without question the first white child born in the township.

Joseph M. Baker, who designed and built the first courthouse, settled just north of town and Raymond J. German became his immediate successor.

"David E. Long, Entertainment for Man and Beast," was the sign that swung on its creaking" hinges in front of the first tavern in the town, and in fact it was the first house erected in Columbia City, its site being more generally remembered ni iw as the location of Brandt & Ireland's drug store.

In 1842. a second tavern was started with Jacob Thompson as boniface. Christian Hoover was the first saloon keeper and was succeeded by William W. Kepner. though even then the law would not permit the sale of liquor to Indians. As in many other communities, the question of temperance demanded and received much attention by both men and women in Columbia City. December 31, 1855, a Ladies' Temperance League was organized and two days later, J. A. Berry, publisher of the Pioneer, made a terrible onslaught on liquor doggeries and groceries, though no names were mentioned. February 20, 1856, articles over the names of "Copenhagen," "Fanny" and "Ouisical Quincoy" came out with criminations and recriminations, much rabid and meaningless things being uttered. This agreement was entered up, "We, the undersigired, retailers of spirituous liquors in Columbia City, agree to abandon the sale of intoxicating drinks from and after this date, December 31, 1855, 3 o'clock p. m. S. Cole; E. Strong; Peter Snyder; S. Trumbull: Simon Trumbull; Z. Henderson."

The physicians were drawn into line as witness: "This is to certify that we believe the sale of spirituous liquors is injurious and especially for the fair sex. H. F. Falkenstine; J. B. Firestone; C. Kinderman."

March, 1859, temperance resolutions were passed "that liquor traffic must be put down, peaceably if possible, forcibly if we must." The newspapers sustained it and one hundred and fifty names were secured to a petition.

March 31. 1859, "The News" announced that the bottoms at Nolt's Mill was impassible for some weeks, and calls on the county and township and citizens to raise one hundred and seventy-five dollars to fix road and make it passable.

In 1872 I. B. McDonald bought the Washburn lot north of the court house and gave bond for $1,000 to improve it in two years. The next year McDonald, Brown, Reed and C. B. Tulley joined to build Central Building. It was necessary to have drainage to the river to secure dry basement and this led to a merry war, the fight that followed resulting after a long and hotly contested battle in the complete overthrow of the opposition and the establishment of a system of sewerage that has made this city a desirable place of residence. This developed a spirit of improvement which has not since faltered. Foust and Wolf soon after erected the bank building and the Foust block. James M. Harrison Mayor and members of the city council had the nerve to take hold of the matter and stood loyally for improvement. Columbia City is now one of the best towns of Indiana, the sewerage is splendid, the paved streets are a credit to the city, the water-wnrks and fire protection are first-class, the electric light and telephone systems are up-to-date, the public schools are excellent and in every respect we have a city of which every citizen may well he proud, and one whose future promises to cast added luster upon the untarnished name it bears.

Levi Myers made the first successful efforts to organize a Sunday-school, which was done sixty-one years ago, one year later being known as the American Sabbath School Union at Columbia City, and as such did noble work until various religious organizations each established its individual school. April 4, 1853, a Baptist society was perfected and among those who have seiwed it faithfully are Reverends Wilder, J. L. Mc- Leod, R. H. Cook, C. B. Kendall, Adam Snyder, John Reider, W. W. Robinson and V. O. Fritts.

The Presbyterian church has had a precarious existence, much of the time having 110 pastor and never making much progress 'or numerical strength.

The Free Methodists occupy what was the former Catholic church building, sold by them to the Free Will Baptists, who dedicated it Decembers, 1867.

Whitley county, and who preached his first sermon in the church at Columbia City. The pastors have been Fletcher, Thomas, J. A. Cummins. A. H. Slusser, C. A. Brigham, W. F. Parker. C. W. Pattee. Henry Rupley, E. Seithman. L. W. Love, R. Z. Brown. J. E. Grimes, J. W. Borkert, H. C. Shaffer, and S. L. Shaffer, Air. Love serving twice, two years from 1889, as also , four years from 1899 The new church was dedicated May 11, 1902, and including parsonage cost $8,000. November 21, 1904. a marble tablet with inscription "Tulley-Crider Memorial" was installed over main entrance in honor of Mrs. Rosanna Crider and her father. Francis Tulley.

September 15, 1878. at a meeting at court house to consider the graveling of the road south to the Huntington count}' line. Eli W. Brown and James S. Collins declared there was no gravel in the county to be had.

The oldest person living in Columbia township is Jshn Haas, who was born in Switzerland December 2^, 1816. Airs. A. F. Martin, the longest resident, came October 27, 1836.

When Rachel Wagner was fifteen, she rode with her brother Harmon Beeson to Warsaw to attend the wedding of another brother, Benjamin. Starting to return. Benjamin's wife's father. Mr. Sapp. handed her a willow switch, saving- "Stick that in the ground, it will make a nice tree." She did so and today it is a landmark at least four feet in diameter, standing close to the walk on the main street as you go to the Pennsylvania depot, marking the site of Lee

Bros', blacksmith shop, which is just being demolished as these lines are written. January. 1907. This landmark has also fallen beneath the hand of the demolisher since the above was written.

The Bench And The Bar

There are many well meaning people who profess a contempt for the law, and if there occasionally occurs a miscarriage of justice in its administration are quick to denounce it as utterly inadequate to do justice. The fact is that whatever rights of person or security of property we enjoy is because of the law. It is because certain prescribed rules of conduct are recognized by the vast majority of people and because we believe that a violation of those rules will result in a vindication of the law that our rights are not more frequently invaded in our relations with our fellowmen.

As much of crime and wrong and dishonesty as there is in the world, a careful study will reveal that the cases where rights are invaded are few when compared with the rules that are recognized and observed every day.

There has been no more potent factor in promoting human welfare than the law. All advancement in civilization must necessarily be through the social relations, and only wise and beneficent laws insure permanency and make possible such relations. The best thought and the best effort of our time have been devoted to the development of the

It therefore follows that in studying the history of any count}- or of any state or municipality it is important to consider the origin and development of our system of jurisprudence, and in this connection to consider the lives, character and work of that body of men who stand as the distinct exponents of the law - the bench and the bar.

Early Courts

The earliest courts in the Northwest Territory, out of which our state was carved, were held under the French rule. By a treat}- made in 1763 France relinquished her claims and Great Britain assumed control. Under her rule a court was organized to "settle all disputes and controversies and all claims to property, real and personal." This control continued until Virginia assumed sovereignty and organized all of the Northwest Territory, under the name of the count}- of Illinois.

pointed who not only sat as a general court but enacted the laws. The chances are that there were not man}- constitutional questions raised in those days, for the "general court" which enacted the law would probably hold it to be good law.

After organizing the judiciary system at Cincinnati the council crossed over into what is now Indiana, and at Vincennes organized the county of Knox, with Vincennes as the county seat, some time in February, 1790.

Indiana Territory was organized as a territory of the first grade on Jul}' 4, 1800, at Vincennes, which was the seat of government of the territory.

It is instructive to note that in the organization of each new territory the general government recognized the threefold function of government, the executive, legislative and judicial, and that these departments always went hand in hand. Whenever there were enough settlers to require the appointment of an executive officer, there were enough to demand the organization of courts for the administration of justice. And wherever courts were organized, there must come the lawyer. So it is also instructive to note that the law-makers of 1799 had an exalted idea of the character and qualifications of the members of the bar ; but, as we are inclined to feel, a much mistaken judgment as to the value of his services. Fi ir we find them enacting that he must be licensed by the governor as attorney or counsellor, and could practice during good behavior, and could demand only such fees as might be established by law. Before he could be licensed to practice he must show that he was of £ 1 moral character, that he had regularly and attentively studied law for fi lur years and must have the certificate of si nue practicing attorney in the territory that he believed him to be of sufficient ability and legal knowledge to discharge the duties of an attorney at law.

When he had complied with these requirements he obtained a rule of the general court for an examination. He was then examined by two or more judges, or such persons as they might appoint, who must state truly whether or not they believed him qualified. Even after this the court held him under a tight rein. The judges could punish him for contempt, strike his name from the roll, or order him arrested if he collected money for a client and failed to turn it over upon demand.

The lawyer of that clay "simply had to be good." But the worst indignity put upon him was to fix the limit of his fees. For a civil case he was to receive two and one-half dollars, unless the title of land was involved, and in such case five dollars. For advice when no suit was pending one dollar and twenty-seven cents.

When the state was organized in 1816, the constitution then adopted provided that "the judiciary power of the state shall be vested in one supreme court, in circuit courts and in such other courts as the general assembly may establish." The supreme court was to consist of three judges and was to have appellate jurisdiction only, except that the right was reserved to confer upon the supreme court original jurisdiction in capital cases and cases in chancery where the president of the circuit court might be interested or prejudiced. It further provided that "the circuit courts shall each consist of a president and two associate judges. The state shall be divided by law into three circuits, for each of which a president shall be appointed, who during his continuance in office shall reside therein." The president and associate judges were given in their respective counties both common law and chancery jurisdiction, as well as complete criminal jurisdiction. The president alone, or the president and one associate were given authority to hold court, or the two associate judges were authorized to hold court except in capital cases and cases in chancery.

The presidents of the circuit courts were to be chosen by the general assembly and the associates were to be elected in each of the respective counties.

Under this organization the president judge was usually a lawyer of recognized learning and ability, but the associate judges were ordinarily elected from the body of the people, much as justices of the peace now are. It resulted therefore in many cases that in trials of importance the burden fell upon the president judge, and the associates were judges only in name. This gave rise to the remark by Jim Campbell that they practiced before one hundred judges sitting- in bank, one judge and two ciphers.

Under this law the clerk was to be elected by the voters for a term of seven years and was not eligible until he had obtained from one of the judg'es of the supreme court or from one of the presidents of the circuit court a certificate that he was qualified to execute the duties of the office.

Dearborn, Switzerland and Jefferson formed the third circuit, and court was provided for once in each county during each year. At this time Whitley county was embraced within the limits of Wayne. At this session of the general assembly provision was made for justices of the peace in each county, with jurisdiction over misdemeanors, and in civil matters to the amount of fifty dollars. At the same session a board of commissioners for each county was provided for.

At the second session of the first general assembly of the state it was enacted "that the common law of England and all statutes or acts of the British parliament made in aid of the common law prior to the fourth year of the reign of King James the First, excepting certain sections, should be considered in full force in this state" ;-and this provision was carried into each revision of the laws until 1852.

The effect of the adoption of the code was to abolish the distinction between actions at law and suits in equity and the forms of all actions theretofore existing and to provide but one form of action. While the adoption of the code was a matter of vital importance to the bench and the bar as it was an absolute reversal of all forms of procedure and practice, yet as it did not seriously affect the people it need not here be entered into.

The whole body of the law, whether administered in a court of law or in a court of chancery, was left in full vigor. The remedy, not the rights, was changed, and the burden fell upon the lawyers and judges, who were compelled to adapt themselves to new methods of preserving the rights and redressing the wrongs of their clients.

formed from the north end of Wayne. In 1823 Allen county was organized with its present boundaries, out of Randolph, with all the territory north to the Michigan line attached to it for jurisdictional purposes.

Following this date the counties in northeastern Indiana organized rapidly, so that by 1839, when Whitley county had arrived at the dignity of holding court within her own borders, it was part of the eighth circuit, consisting of Allen, Cass, Miami, Wabash, Whitley, Huntington, Noble, Lagrange, Steuben and Delvalb counties. Prior to this time the time and place for holding the first session of the circuit court in Whitley county had been fixed on the fourth Thursday of September, 1838, at the house of James Parrett, Jr., in what is now Cleveland township. At this time Charles W. Ewing was president judge, and Thomas R. Johnson prosecuting attorney for the eighth circuit. An error had been made in naming the place of holding the court, there being no James Parrett. Jr., in the county. The judges, clerk, sheriff and attorneys met at the house of Joseph Parrett, Jr., which was evidently the place intended, but after consultation the judges concluded that a term of court held under such circumstances might not be legal, and no business was transacted.

The first term of the circuit court was then ordered to be held at the house of Richard Baughan in April, 1839. Richard Baughan lived in Thorncreek township aboul two and a half miles northeast of Columbia ( 'ity, and had a sawmill, and the tradition is that for the better accommodation of the crowd the court was held in the mill. The president judge and associates were all

"At a regular term of the Whitley circuit court, began and held at the house of Richard Baughan in the county of Whitley and state of Indiana, on Tuesday, the 9th day of April, 1839. Present, the Honorable Charles W. Ewing, president judge of the eighth judicial circuit of said state, and the Honorable Benjamin Martin and Jacob A. Van Houten, associate judges of said court, as also Abraham Cuppy, clerk, and Richard Collins, sheriff, of said county of Whitley."

Judge Ewing lived in Fort Wayne. He is said to have been a good lawyer but somewhat eccentric. He appeared in court here after his retirement from the bench a fewtimes, but at a time when he should have been in the prime and vig-or of manhood came to an unfortunate death. It seems that the prosecuting attorney. John A. Wright, was not present and the court appointed Reuben J. Dawson prosecutor for the term. Reuben Jackson Dawson was a Hoosier by birth, having been born in Dearborn county. He studied surveying and law. He came to Fort Wayne with his brother-in-law, Colonel John C. Spencer, in 1832, and was employed in the office of the receiver of public moneys. He was appointed surveyor of Allen county, and had a contract for surveying a large tract of land, now part of Noble, Elkhart and Kosciusko counties. He read law with Thomas Johnson, and subsequently entered into partnership with him. The firm of Johnson & Dawson are the first attorneys noted as appearing in any case in Whitley county. He platted the town of Spencerville in DeKalb county, conducted a store and mills there. He moved there in 1841, but continued to practice all over the circuit. He was a great big, genial fellow. His business was flourishing and he was well fixed for those days, and enjoyed mounting his horse and riding twenty or thirty miles along the Indian trails to Albion, Fort Wayne or Columbia to attend court. He served as representative of DeKalb and Steuben counties, and also as state senator of his district. Upon the resignation of Judge Worden in 1858 he was appointed to fill out the unexpired term. He was compelled to resign in November, 1858, on account of sickness, having served less than one year. In that time, however, he had proven his mettle. In both Noble and LaGrange counties he found awaiting trial a number of prisoners who were charged with horse stealing, counterfeiting-, etc., and who were accused of belonging to a regularly organized gang of "blacklegs" which infested northern Indiana. Only a short time before the Regulators in Noble county had taken the law into their own hands and hanged one of the ringleaders. The public mind was so inflamed that many citizens were present ostensibly to see the law enforced but with the purpose of overawing and intimidating the court. Judge Dawson acted and ruled promptly, firmly and fearlessly, and law and order prevailed.

The grand . jurors summoned by the sheriff were : David Wolfe. Seth A. Lucas, James Jones, William Van Meter, Jesse Spear, Samuel Creger, Peter Circle, Christopher W. Long, Horace Cleveland, John S. Braddock, Adam Egolf, Levi Curtis. William Cordill and Joseph Tinkham. They were brought into court, Christopher W. Long was appointed foreman, they were sworn and sent out. They soon reported to the court that no business had been brought before them, and they were accordingly discharged.

There were but three civil cases on the docket at that term, and none of them of any importance. The petit jury was also summoned, but no cases came before them for trial. The petit jury consisted of B. H. Cleveland, John W. More, Jesse Briggs, Zebulon Burch, Jacob Brumbaug"h, Lewis' Kinsey, J. H. Alexander, David Hayden, George C. Pence, Thomas Estlick, Jesse W. Long-, James H. Russau, Daniel Hively, Benjamin Gardner, Benjamin Grable, Benjamin Krusan, James Zohlman, John Collins, Philetus Wood. Francis Tulley and William Blain.

In the case of Webster et al vs. Webster et al for partition, notice was ordered given in the Fort Wayne Sentinel and in the Jeffersonian published at Richmond. John H. Alexander was appointed count}' surveyor. He seemed to be "Johnny on the spot," for he at once accepted and gave his bond.

The court allowed Richard Baughan three dollars for the use of rooms for court and grand jury, and adjourned until court in course to meet at the same place.

When the time came for the October term of court. Judge Chase and Prosecuting Attorney Wright were both absent. The associate judges again appointed Dawson as prosecuting attorney during the term, the grand jury was charged and with John Sickafoose as foreman went to work. They lost no time, for on the next day they "return

The first one was against Nathan Chapman for vending foreign merchandise without a license, and charged that on May 1, 1839, he "sold to one James Lyttle four pounds of tea not then and there being the product of the United States without having a license or permit as required by law." He entered a plea of guilty and was fined six and one-fourth cents."

Joseph Pierce was also called upon to answer similar charges, and charges of selling spirits to the Indians, and, in the language of the records, "it being demanded of him how he will acquit himself of the said charge, for plea thereto he says he is guilty in manner and form as he stands charged in said indictment."

At this term of court the record shows that John B. Chapman was admitted as an attorney at the bar of this court. The only attorneys who had so far appeared in any of the court proceedings were Johnson and Dawson. Before Chapman left he filed complaints in three new cases, and before the next term of court, actions were also bn lught by Coombs and Colerick. Chapman had formerly been prosecuting attorney of the circuit, and resided at Fort Wayne. After the first year or two bis name docs not appear on the records here.

William. H. Coombs was another Fort Wayne lawyer. He came to Indiana from ( >hio .-111(1 was engaged in the practice both at Connersville and Wabash before coming to Fort Wayne in 1837. He was prosecuting attorney at an early day and the acquaintance thus formed brought him some business in this county. In 1849 ne went to California, remaining there about six years, and upon his return resumed the active practice in which he continued until his death. He had the reputation under the old common law practice of being one of the best special pleaders in northern Indiana.

When court convened in April, 1840, John W. Wright filed his commission as president judge and Lucien P. Fern- as prosecuting attorney. Judge Wright had formerly been prosecutor of the circuit, and was elevated to the bench in 1840. While at the bench he maintained the dignity of his office, but in his intercourse with the bar was genial and affable and was familiarly known as "Jack." It is related of him on one occasion in Noble county that a "blackleg" having passed some counterfeit coin in payment for a horse, a posse was formed for pursuit. The judge adjourned court, mounted his pony and stayed in the front van until the counterfeiter was captured. The matter was taken up by the grand jury, court was reopened and the judge was ready to try the case. On another occasion it is told that one citizen had partaken too freely of the cup that cheers and insisted upon doing a little cheering himself. The judge ordered the sheriff to quiet him, but the sheriff's order was of no avail. "Take that man to jail," ordered the judge. "There is no jail," responded the sheriff. "Then take him out in the woods and tie him to a tree so that he can't disturb the court." It was done and order prevailed. He served until 1842 and was subsequently elected mayor of Logansport. He spent sonic years in Kansas before the war and afterward removed to Washington, D. C.

cases were tried, but it is interesting" to note that the grand jury were diligent in their business, returning" eight indictments for betting. James Crowe was indicted for winning at cards, entered a plea of guilty and was fined ; but when they followed this with another charging him with losing a game of cards, he "wouldn't stand for it." It was submitted to the summary decision of the court, and he "went hence acquit."

On motion of the prosecuting attorney, it was suggested that the office of school examiner was vacant, and the court appointed Otho W. Gandy, Abraham Cuppy and Edwin Cone.

The associate judges allowed themselves six dollars each for the term of court and adjourned to meet at the house of David E. Long in the town of Coumbia. By this time the site of the county seat had been selected and Long had erected a one-story frame house at the northwest corner of Main and Van Buren streets and had put up a creaking, wooden sign, announcing "Entertainment for Man and Beast."

\\ 'hen court met in October. 1840, it was evident that Long's hotel would not accommodate the court and the crowd, and court was forthwith adjourned to and held at the house of Abraham Cuppy, the county clerk.

Henry Cooper is the next attorney who appeared in the courts. It is said that Cooper was one of the best lawyers who rode the circuit in those early clays. He is said to have been master of all the books contained, but perhaps did not appear to full advantage, as he was not an eloquent or fluent talker. AVe are again indebted to Nelson Prentiss for this story concerning Cooper. There was also in the circuit a pettifogger by the name of Powers, whose only qualification was his ability to talk. Like necessity, he knew no law, and his abusive tongue made him especially obnoxious to a man of Cooper's temperament. Meeting him one day Powers said, "Cooper, if I had your head or you had my tongue, what a man would be the result." Quick as a flash Cooper responded, "Powers, if you had my head, you'd know enough to keep your mouth shut." Like many another, he was his own worst enemy, and in his latter days was only a wreck of his former self.

Richard Collins, sheriff, now produces a metallic seal procured for this court by the commissioners of Whitley count}' of the following description and design, to-wit : "A circular metallic seal with a figure of a plough and a sheaf of wheat in the center and the words 'Whitley Circuit Court, la.' in a circular form around the center, which seal is now adopted by the c< mrt as the seal of this court."

Charles Ditton made application to become a citizen, renouncing all allegiance to Queen Victoria, and was admitted and became the first naturalized citizen of the county.

At the March, 1841, term, a boy was brought before the court on the charge of vagrancy, and the court finding that he came within the description of a vagrant and that he was under the age of twenty-one years, ordered that the sheriff should bind him to some person of useful trade or occupation

At this term was tried the first criminal case of importance, the case of The State vs. Alexander Smith for forgery. The charge was that he had uttered and tendered in payment of a bill for lodging to one John B. Godfroy, who lived on the Goshen road near Churubusco, a counterfeit bill of the denomination of five dollars. Charles W. Ewing, of Fort Wayne, was appointed by the court to defend him, and the cause was tried before Judge Wright and a jury. The jury found him guilty and fixed his punishment at imprisonment in the state's prison for two years. The house where the court was held was on the northwest corner of Jackson and Main streets, where Henry McLallen's residence now stands, and Richard Collins tells that the jury, when thev were sent out to deliberate on their verdict, gathered around a large black walnut stump near where the Lutheran church now stands. Smith's companion at the time the offense was committed was one John Adams, and it is told that Adams came into court as a witness in Smith's behalf and was ordered by the judge into custody until the grand jury, then in session, could investigate his case. Within an hour the grand jury returned an indictment against him for perjury. He was immediately arraigned, and Judge Ewing appeared for him and asked for a change of venue. The change was granted and the case sent to Allen county, and the following week was tried and Adams was convicted and sentenced to the state's prison for two years. The record shows that Ewing was allowed the munificent sum of (en dollars for defending Smith.

In the fall of 1841 the new courthouse, a two-story frame structure on the west side of the public square near where the city hall is now located, was so nearly completed that' when court met at the house of David E. Long it forthwith adjourned to the courthouse. I am not aware that there were any dedication services or any speeches made, but it must have been a proud day in Columbia.

One of the first cases at this term was notable for being perhaps the only case ever tried in the county; at least I have never heard of a prosecution for the same offense. Claybourne Pompey was indicted for usury. He "acknowledged the corn," and was fined six dollars and costs. It appears from the record that he loaned Richard Baughn fi irty dollars, and took ten dollars for one year's interest. It is evident that the jury figured that after paying six dollars fine, it would still leave him four dollars interest, making" ten per cent, which was then the legal rate.

In the proceedings of the September term, 1S41, appears the case of The State of Indiana vs. Peter Heller - indictment for usurpation. This is a rather unusual charge, and an investigation of the indictment discloses that it charges that on the 1st day of January, 1840. the said Peter Heller "did unlawfully solemnize a marriage between Henry Hull and Jane Gardner - he, the said Heller not then and there being a justice of the peace in said county, a judge of either of the courts in said county, a president judge of the eighth judicial circuit in said state, nor of the Society of Friends, commonly called Quakers, nor a minister of the gospel regularly licensed to preach." The indictment was quashed.

In March, 1842, James W. Borden became judge, and William H. Coombs prosecuting attorney, and John Wright succeeded Benjamin F. Martin as associate judge. Judge Borden was admitted to the bar in New York in 1834, and in 1835 went to Richmond. Indiana. He went to Fort Wayne in 1839, and in 1841 was elected president judge of the circuit. Fie was elected a delegate to the constitutional convention in 1850. and resigned his office as judge. He took prominent and active part in the deliberations and debates of that convention. He was elected common pleas judge in 1852, and served until 1857, when he was appointed minister to the Hawaiian Islands.- On his return he was again put on the common pleas bench and later of the Allen criminal court. Judge Borden is represented by those who remember him as a tall man of commanding presence, rather positive in his manner, and perhaps too much of a politician to please everybody as a judge.

The jail was the first public building built in the county, and was a hewed log structure, located on the southeast corner of the public square. It was built in 1840, and at the March term, 1843, the grand j unreported that they had examined the jail "and find the same in good condition with the exception of the doors thereof, which are, from the settling of the building, not in a situation to be closed." We presume if the sheriff happened to have a prisoner, he put him "on honor" and left the doors open.

whiskey, but a taste of the white man's law. Alexander Bulkley brought action in assumpsit against Pe-kash-ka, Ke-Keo-qua and Shap-en-dino before Horace Tuttle, justice of the peace, and recovered judgment in each case.

The first case of any note in which an Indian was involved was also the first murder case in the county. The records, of course, only give the barest recitals of the charge and the proceedings, and we are indebted to the older inhabitants for the details. It has been more than sixty years, and naturally the old settlers do not agree in all the details, but we have relied largely upon the recollection of Curtis W. Jones, who possesses a wonderful memory, and an inexhaustible fund of information concerning the early days. Peen-am-wah ( the name is spelled in his affidavit for change of venue Peen-am-wah was a Pottawattamie Indian and was a bad Indian. One day in the fall of 1843 he was going along the trail south of Columbia when he met a Miami squaw - the mother of Turkey, riding on a pony. Her name is given in the indictment as O-way-so-pe-ah. He talked with her. and after she turned and rode on, shot her in the back of the head and threw her body in the river. The place was known for many years as "Squaw Point." Before any action was taken Peen-am-wah departed. Allen Hamilton, at Fort Wayne, was Indian Agent, and offered a reward of two hundred dollars for his arrest. \\ "illiam Thorn, of North Manchester, followed

On January I, 1844, John Turkey, a Miami Indian, killed a squaw of the Pottawattamie tribe. The murder took place southwest of Columbia on what was known for many years as the Martin farm. He was arrested upon affidavit of Asa Shoemaker, coroner, filed with Henry Swihart, justice of the peace, charging him with the murder of Saw-ga, a Pottawattamie Indian. He was tried before a jury and found guilty and committed to jail by the justice, as he says in his transcript "there to remain until further dealt with according to law."

Peen-am-wah filed an affidavit for a change of venue and the case was transferred to Allen county. The next day John Turkey's case was called. He entered a plea of not guilt)' and put himself upon the country. The prosecuting attorney was nut present and Lysander Jacoby was acting in that capacity under appointment of the court. He asked for a continuance of the cause and it was granted. Before the close of the term, one evening at dusk the sheriff, John B. Simcoke and John C. Washburn went to the jail to feed the prisoners and attend to their wants. Peen-am-wah for safet) had been put into an inner room of the jail which was called the dungeon, a?id chained. As the story goes the other Indians had been loafing around the old jail and it was supposed that an Indian called Davis had passed in a file with which Peen-am-wah severed one link- of the chain. The sheriff went into the dungeon and Washburn stood in the outside door. At a signal Turkey made a rush and knocked Washburn out of the door and both Indians were out and gone. The woods came up within a few rods of the jail and they were soon lost to sight. They crossed Blue river just above where the brewery now stands, and being expert woodsmen and knowing every foot of the country, they were soon beyond reach and were never seen nor heard of in this neighborhood afterward. The indictments were carried on the docket for several years and alias writs issued, but the cases were finally dropped. After all it was probably the best solution of the trouble. The trial of these Indians would have stirred up bitter feelings among' the Indians still remaining.

This March term, 1844, was marked by the presence of three distinguished visitors. ex-Governors David Wallace and Samuel Bigger, and General James R. Slack, all of whom were admitted to the bar.

David Wallace was Governor of Indiana from 1837 to 1841. Upon the expiration of his term of office he entered the practice of the law at Indianapolis. At one time he located in Fort Wayne, and was in the practice there for a few years, but later returned to Indianapolis. At that day he was well known over the state, but to the younger generation will perhaps be more generally remembered as the father of General Lew Wallace. I find from an inspection of the old bench docket that he is noted as appearing with Ferry in the prosecution of Peen-am-wah.

had probably only recently expired, as he was elected in 1840. It is probable that lie was on his way to Fort Wayne, for he is said to have located there after his term expired and remained there until his death in 1S47.

Lysander C. Jacoby, who is mentioned as serving in the capacity of prosecuting attorney, lived at Fort Wayne, and was a lawyer of fair ability. He was quite active in the practice here for a few years, being associated with J. H. Pratt in a number of cases and with Worden in the defense of Samuel Pegg. It is said that he had some disagreeable peculiarities that perhaps resulted in his leaving Fort Wayne. He followed the course of empire on its westward way.

For the first five years after courts were organized in Whitley county the little business that there was was cared for hy attorneys from other places, principally by the members of the Fort Wayne bar. But now there seemed to be enough to justify some local attornev. The first three members of the local bar must have appeared in a short space of time, probably within a year. They were Joseph H. Pratt, James 1.. Worden and James S. Collins, and as nearly as can be ascertained were admitted in the order named. The records do' not show the date of Pratt's admission, but show his appearance in a case at the September term, 1844. At this term James L. Worden was admitted to the bar and appointed master in chancery.

Joseph H. Pratt is remembered as a man of education, a fluent talker and what would probably be called a good "mixer." He served as deputy treasurer and upon the

James Worden was horn May 10, 1819, in Rerkeshire county, Massachusetts. He had a common school education, and devoted some time to study during his youth, which was spent upon a farm in Ohio. He entered the office of Thomas T. Straight, of Cincinnati, in 1839, and after his admission spent some time at Tiffin, Ohio, coming to Columbia City early in 1844. In 1845 he married the daughter of Benjamin Grable, then county treasurer of Whitley county. In the fall of that year, becoming convinced that there were too many lawyers in Columbia and seeing an opportunity in the adjoining county of Noble, he removed to Port Mitchell, where the county seat of that county in its wanderings had temporarily located. He soon took front rank as a lawyer, followed the county seat to Albion, and acquired a good practice for those days. He acquired some reputation and made many friends by the masterly manner in which he conducted a prosecution for murder which had been sent to Allen county on a change of venue. Worden was only a backwoods county prosecutor, and the defense was represented by Coombs, wdio was the best technical lawyer in northern Indiana, and David H. Colerick. whose sway over juries was such that he was credited with having cleared men charged with stealing hogs, a most heinous crime in those days. Seeing an opportunity for extending his practice, and under the influence of 'his friends he removed to Fort Wayne. In 1855 lie was appointed by Governor Wright as circuit judge, and in 1858 resigned to accept an appointment from Governor Wil- family came to this county when he was lard on the supreme bench. In 1859 he was about seventeen years of age. At that clay elected to the same position and served educational facilities were meager, but he for the full term of six years. In 1864 he was again a candidate for the same position, but went down to defeat with his party. His term closed in January, 1865. and he returned to Fort Wayne and engaged in the practice. In 1876 he was again elected to the same position, entering upon his third term in January. 1S77. He refused to again become a candidate in 1882, and was elected as judge of the superior court of Allen county, and died in 1884. while occupying that position.

Judge Worden has an enduring place in the history of the state. He had not the gift of eloquence, the power to sway juries anil wrest verdicts from them, but was clear, forcible and full of resources. And even in those days when fluent speech counted much, he was regarded as one of the ablest lawyers at the liar. But it was when he was appointed to the bench that his friends recognized that he had come into his proper sphere. He was pre-eminently fitted for the discharge of judicial functions. Clear, concise, analytical, with a deep sense of right and justice and a discernment that refused to be confused or befogged by unimportant matters, or led away by side issues, he went at once to the heart of the question.

He n<>t only saw things clearly, but he expressed his convictions clearly. There is no sophistry in his' opinions. Xo lawyer can read them and then be in doubt as to what the court decides. They constitute a monument to his memory that shall endure.

devoted his spare moments to the few books that were accessible. It is told that in 1843 he studied Blackstone with a dictionary beside him to help him with the big words. Afterward he read law for a while with L. P. Ferry, of Fort Wayne, and was admitted to the bar in this county in 1845. Tne '°t of the young lawyer in those days was not one that yielded great financial returns. Worden soon left the county, and Pratt a few years later, but Judge Collins continued in his profession and by his ability and perseverance acquired an important clientage, and a host of personal friends. He continued in the active practice until a very short time prior to his death, which occurred on August J2. 1898. and is entitled to rankas the pioneer lawyer of the county. He was associated in practice with Joseph W. Adair for several years: after that for a number of years with Michael Sickafoose. then with A. A. Adams, and up until the time of his retirement with P>. F. Gates.

At the time of the building of the Eel River road he was prominently connected with the enterprise, and served for several vears as president of the company. He also served as a member of the state legislature one term.

An inspection of the records discloses that during the decade from 1840 to 1850 there were several well known citizens who appeared promptly at each session of court and entered a plea of guilty to indictments for retailing without license or selling liquor to the Indians, submitted to a small fine and apparently returned to their homes to

On the 14th of November, 1844, Samuel Pegg filed his application for naturalization. He evidently did not become a good American citizen, for in January, 1845, ne was m~ dieted for murder. The charge was that he had killed his son, who is described in the indictment as Samuel Pegg, the younger. The family lived in Union township.

Worden and Jacob}- defended him and William H. Coombs prosecuted the case. He was found guilty of manslaughter, and was sentenced to imprisonment in the state's prison for eight years at hard labor.

His trouble did not end here. At the next term his wife brought suit for divorce. There seemed some difficulty in getting service, as he was clear at the other end of the state at the Jeffersonville prison, but finally in March, 1848, the bonds of matrimony were severed.

At the September term, j 845, Richard Knisley and Henry Swihart qualified as associate judges. Lydia Tuttle was granted a divorce from Ransom Tuttle and this was the first divorce granted in the county.

Judge Petit is said to have been as ardent a disciple of Isaac Walton as ever graced the woolsack, and lost no opportunity of indulging in his favorite sport. There is an old story afloat in northern Indiana concerning one of his fishing expeditions. The writer does not pretend to give the authority for the storv nor fix the location. But the story is that on one occasion gathered together a jolly crowd and started for the fishing grounds. Thev had proceeded only a short distance when it was discovered that two necessaries had been omitted from the commissar}- supplies - bread and whiskey. The company halted under a tree by the roadside and dispatched Sam, the colored cook and factotum, to procure these essentials. Sam returned in about an hour, and in answer to the judge's inquiries reported that he had procured a three gallon jug of whiskey and a quarter's worth of bread. "Boys," said the judge, turning to the crowd with a look of consternation 011 his face, "what in - are

The record for October, 1845. shows the admission of Moses Jenkinson. He is another Fort Wayne lawyer who attained considerable practice at the Whitley county bar. He entered the practice at Fort Wayne in 1840, and was a man of considerable force of character, and not only met with success in his profession, but is said to have had considerable business capacity and was engaged in several enterprises.

On the 29th of December, 1N45, the chairman and clerk of the election filed their certificate showing the election of the f< >11< >wing named trustees -of the town of Columbia, "said town being districted as an incorporated town for the better regulation of the internal police of said town."

close indictments also against prominent citizens for malicious trespass. These undoubtedly arose over disputes as to property lines, and perhaps ordinarily arose over charges of cutting timber on another man's land. There were, however, very few convictions.

At the March term, 1846. there appeared in court two gentlemen whose names are familiar to the younger members of the bar only in connection with the criminal practice, John Doe and Richard Roe. This, however, was a civil action, and was entitled, John Doe. on the demise of Milo Gradeless vs. Richard Roe, and was an action for trespass in ejectment. Alas! poor John and Dick ! Once the plaintiff and defendant in much important real estate litigation, now only known as defendants in prosecution for public intoxication - (How have the mighty fallen?)

On the other hand we note the rapid progress made by one young man in professional life. At the September term, 184.7. on motion of Joseph Pratt, "It is ordered by the court to be certified of record that Zenas Brown is a man of good moral character." This was the first step required for admission to the bar. How quickly he sprang full armed into the arena may be judged when we read just a year later that he was indicted for an affray.

Lorin Loomis succeeded Henry Swihart in September, 1847. The grand jury as usual inspected the jail and as usual reported that it was in good condition except that the outside door couldn't be locked. There being no prisoner on hand, that didn't make much difference. The first case I can discover which went to the supreme court from Whitley county was the case of Reason Huston vs. Joab McPherson. This was an action of trespass on the case in slander brought by McPherson against Huston and tried at the March term, 1843, and resulted in a verdict for the plaintiff for thirty dollars. It was tried again in September, 1846, and the plaintiff recovered twenty-five cents. Huston appealed and the judgment was reversed, the opinion being certified on March 8, 1848.

Judge Hiram S. Tousley, another familiar figure in northern Indiana appeared at the bar of this county in 1849. He was living at that time at Albion, but had once been a resident of Whitley county. His parents became residents of Union township about 1843. The young man worked on the farm for some time and finally accumulated a few dollars by making "black salts." With his little fund and a new suit of "jeans" made by his mother, this lanky young fellow went to Fort Wayne and became a student under L. C. Jacoby. Some of the younger fellows were inclined to laugh at him, but David H. Colerick said to them, "You may laugh now, boys, but you'll not laugh long." He was admitted to the bar and entered the practice at Albion in 1848, and resided there until his death. In 1863 he was appointed as judge of the circuit, and was twice re-elected. He was recognized both as a profound student of the law and of history.

Adams Y. Hooper was the next local attorney coming to the bar. being admitted in 1X50. Adams Y. Hooper was born at Athens. Ohio, in 1825. After completing his literary education, he read law and was admitted to practice at Lancaster, Ohio. In

1849 he went to Huntington. Indiana, but only remained there a short time, moving' to Columbia City in the autumn of that year. The records show that he was admitted to the bar here at the next term of court, in March, 1850. and here he lived and labored during the remainder of his life. In the early days, in a small county like Whitley, the practice of the law alone was scarcely sufficient either to occupy the entire attention or furnish an adequate living to an ambitious young man with a growing family. Shortly after his arrival Mr. Hooper engaged in school teaching. Later he served as postmaster, and still later he was elected and served as county auditor. In 1852 he represented Whitley and Noble counties in the legislature, and in 1868 represented Whitley and Kosciusko in the state senate. He was universally esteemed and respected by the community, and was regarded as a wise counsellor and a just and upright man. In 1869 he formed a partnership with Walter Olds which existed up to the time of his death, and they took rank as one of the leading law firms of the county and commanded a large clientage.

At the April term, 185 1, William Arnold and Samuel A. Sheibley filed their petition for a writ of ad quod damnum and the court ordered the sheriff to summon twelve men and view the site of the proposed mill dam at Springfield (now South Whitley) and appraise the damages. After much jockeying the inquest was returned, damages to adjoining landowners fixed, and the petitioners granted privilege to build a dam six and one-half feet in height.

and two men who were destined to appear many times in this court were admitted, Joseph Breckenridge and Lindley M. Ninde. Judge McMahon came from Ohio and settled in Fort Wayne about 1845. His first appearance in this court was as prosecuting attorney. He is remembered by the older members of the bar as a fair lawyer, an intelligent and pleasant gentleman and a very satisfactory judge.

Joseph Breckenridge was another pioneer lawyer who spent his life in Fort Wayne. He was educated in that city and admitted to practice in 1846. He served as prosecuting attorney and as judge of the court of common pleas and judge of the circuit court. Early in his career he became engaged in railroad practice, acting first in connection with Robert Breckenridge and later by himself as attorney for the Pennsylvania Railroad, until the time of his retirement. It was in this capacity he was best known by the bar in Whitley county. He was characterized by an irrepressible fund of good humor and an inexhaustible fund of good stories, and perhaps no man was ever more successful in dealing with belligerent attorneys who had a suit for damages against the railroad.

It seems that with the advent of a new judge it became necessary to "spruce up" a little, and under order of the court three dollars was spent for sawdust for the court room, paper-hanging, etc., and three dollars and seventy-five cents for one new set of chairs.

tii hi of 1852, the offices of associate judge and probate judge were abolished and the common pleas court was created. At this time the state was redistricted for judicial purposes, and Whitley county became part of the tenth district. In September of this year Stephen W ildman and Isaiah B. Mc- Donald came to the bar. Judge Wildman afterward served as judge of the court of common pleas. Colonel McDonald has been identified with the Whitley county bar since 1 85 j. In the same year in which he was admitted he was elected as prosecuting attorney, and served until 1855, when be was elected county clerk. He served with distinction during the Rebellion and at its conclusion resumed the practice, serving also as school examiner from 1864 to 1870. Later he was identified with the newspaper business and other interests, but until very recent rears, when his increasing" infirmities compelled him to lay aside some of the burdens, he continued in the active practice.

At the September term, 1853. there appears the record of an ex parte proceeeding of some note, for the reason that it is rather out of the ordinary. William McCutcheon presented to the court bis petition and made proof of publication, the prosecuting attorney appeared, and after due consideration the court granted his prayer and decreed that his name be changed to William Mills, and thai lie he hereafter known by that name.

The bar of the present day perhaps wonders how they got along in the early days without a court stenographer. The following entry will perhaps throw a little side light upon the question. The case of The State vs. William Logan was brought to this county on a change of venue from Wells, was tried, and Logan was found guilty of manslaughter. "Ordered that John R. Coffroth be allowed ten dollars for taking down the testimony in the case of the State of Indiana vs. William Logan, to he certified to the county of Wells for payment."

It was about this time the Pennsylvania Railroad was being constructed. This of course created a boom for the new town and business was on the increase. This also perhaps brought the first newspaper. It was evidently a hard struggle for the paper, for the first record I find even before he began to draw any fees for legal notices, is a o mfession of judgment by the proprietor, Joseph A. Berry, in favor of the Cincinnati Type Foundry Company. It is refreshing to know that friends came to his rescue, staid the judgment, and he remained to wield the quill for several years.

John W neatlev was indicted for burglary and larceny, was tried and the jury failed to agree. He was confined in the old jail, which had already been condemned by the grand jury, and in some manner managed to set it afire. He was at once indicted for arson, tried and convicted, and sentenced to imprisonment in the Jeffersonville prison for two years. I imagine notwithstanding" the loss, there was some wagging of the wiseheads and a large number of "I told you so's." At any rate it was now necessary to have a new jail. Judge Collins was allowed ten dollars for defending

September term, 1855, P. W. Hardesty was admitted. Hon. James L. Worden produced his commission as judge of the tenth circuit and entered upon the discharge of his duties.

For the first time, court proceedings were a subject of comment by the newspaper. The Pioneer, under date of January, 1856, having this to say : "The January term of the court of common pleas for this county commenced on Monday, the 7th inst., and is still in session. Much mure than an ordinary amount of business has been liefore the court, and there is a probability that the remainder of the week will be consumed in the disposition of cases on the docket. The case of Dr. Linvill vs. A. K. Goodrich occupied several days of the term and was submitted to the jury on Monday night, who returned a verdict against the plaintiff. This was an intricate case, and one involving manv nice points, and called out the best efforts of the attorneys engaged thereon. Hardest}- & Myers appearing fur the plaintiff and James S. Collins for the defendant, all of whom acquitted themselves with dignity becoming the profession. Dr. Linvill also made an argument before the jury of some hours length, in which he advanced many good, sound, common sense ideas. The charge of Judge Wildman to the jury was an able one, delivered in a very plain and elaborate manner."

The paper of this date contained the cards of Hardesty & Myers and James S. Collins, resident attorneys, and of attorneys at Angola, Albion, Lima. Ohio, and Liefonier.

In considering the early courts, we must not overlook a very important factor - the clerk. As heretofore noted, Abraham Cuppy was the first clerk. He was succeeded by Richard Collins, who held the office until 1856. when he was succeeded by I. B. McDonald.

At the March term, 1856, A. J. Douglas was admitted to practice. He had been a teacher and after some years returned to that profession and was also ordained to the ministry. He taught, was city and county superintendent a number of vears. retiring from the city schools in 1879 an<^ from the county superintendency two vears later, after which he devoted his life to the ministry until failing' health compelled his retirement about five years ago. His death occurred in Columbia City about two years ago.

At this term, also J. M. Austin was admitted, and the Pioneer made this pleasant mention of the fact: "J. M. Austin, of this place, was admitted to the practice of law at the Whitlev circuit court vesterdav. He is a young man of some promise. May he meet with unbounded success." Pioneer, March 12, 1856.

lames S. Frazer is first noted as appearing in the Whitley circuit court at this session. Judge Frazer lived at Warsaw and soon became well known here. He was engaged here as counsel in important cases and as special judge many times, even up to the time of his retirement from active work.

lb.' Pioneer under date of March 12th, again made a mite of court proceedings: '"The March term of the Whitley circuit court is now in session. Judge Worden presiding with his usual dignity. Among those of the legal profession present from a dis- tance we observe Hon. J. S. Frazer Slack, J. R. Cofforth, Messrs. M. Jenkinson, Case, Breckenridge and Dodge, of Fort Wayne, and H. S. Towsley, of Albion. We are not able to report tbe cases thus far disposed of, but let it suffice for this week to say that on a motion to quash the indictment against Z. Henderson for violation of the liquor law on the ground of unconstitutionality, that the motion was overruled by the court."

In the next issue, March 19, 1856, the Pioneer, at the request of all the members of the bar published the opinion of Judge Worden in the Henderson case.

On April 9, 1856, the same publication contained a new advertisement: "Marcus H. Drown, Attorney and Counsellor at Law, Columbia City, Indiana." But the advertisement disappeared after a few months and as I am unable to learn anything about this man I am led to the conclusion that he was a young man seeking a location and that the long vacation from- March to September exhausted his resources or his patience, or perhaps both, and that he folded his tent and departed.

April 20. 1857, a new seal was adopted. "I, James L. Worden, sole judge of the Whitley circuit court, being fully satisfied that the seal heretofore and now used by the clerk of said court is so worn out by many years' use and that the same is of itself almost useless, I therefore order that Isaiah B. McDonald, the clerk of this court, do procure a good, new and sufficient seal for said Whitley circuit court, with the following device, to-wit: A circular seal with the words 'The Whitley Circuit Court, Indiana,1 in the outer circle, with scales or balances in the upper part of the center, and directly under the said device of scales or balances, and within the inner, or centre, the words 'Whitley County.' "

Thomas Johnson came from Richmond to Fort Wayne and served as probate judge and later as prosecuting attorney. He died while still a young man, from the effects of a cold contracted on his return from attending court at Bluffton.

Moses Jenkinson began practice in 1840. He was a successful lawyer, his practice was extensive, and he was often noted as appearing in the courts of this county.

John C. \\ igent entered the practice of law late in life. He was in the war of the Rebellion, a member of the famous Simonson Battery. After the close of the war, he began farming in Union township. At the age of about thirty-four, he was elected county recorder. Upon retiring from that office in 1878, he engaged in the abstract business, and gradually took up the practice of law in connection with this business. He served one term as prosecuting attorney. Later he took interest in the newspaper business, and the latter years of his life were clouded by financial difficulties.

Walter Olds read law in the office of Olds & Dickey at Mt. Gilead, Ohio. He was admitted to the bar in 1869 by the supreme court of the state of Ohio. During the same year he came to Columbia City and formed a partnership with A. Y. Hooper under the name of Hooper &- Olds. They acquired a large business and continued in partnership until the death of Mr. Hooper in 1875. Later he formed a part- nership with Michael Sickafoose which continued until 1884, when he was elected judge of the circuit court, consisting of the counties of Whitley and Kosciusko. Judge Olds was the first judge of the Whitley circuit court who was a resident of Whitley county. He resigned in 1889 upon his election to the supreme bench of the state of Indiana. He resigned from the supreme bench in the state of Indiana, and entered the practice of law in the city of Chicago, but later returned again to Indiana, where he is now enjoying a large practice in the city of Fort Wayne, being the solicitor for both the Nickel Plate and Lake Shore Railroads.

Elisha V. Long, of Warsaw, was by Governor Hendricks, appoined Judge of the thirty-third circuit, composed of Whitley and Kosciusko counties. He was elected for a full term of six years in 1878. On his retirement in 1884 he was. by President Cleveland; appoined chief justice of New Mexico. On his retirement from that position with the incoming of the Harrison administration, be went into the practice of law at Las Vegas, where he still enjoys a large and lucrative practice.

Edward R. Wilson was only about thirty-two years of age when elected circuit judge in 1S58. He studied law with Gov. Joseph A. Gage, and was admitted to practice at Indianapolis. He located at Bluffton in 1853. In 1854, be was appointed prosecuting attorney to succeed Judge Worden and succeeded him also as judge upon bis resignation to accept an appointment in the supreme bench. Shortly after the expiration of his term. Judge Wilson removed to Madison and engaged in the practice of the law and later returned to Bluffton.

came to Fort Wayne in 1843. He studied law and was admitted to the bar and began practice at Goshen in 1846. He was elected circuit judge in 1864, re-elected in 1870. lint resigned in 1875 and entered the practice at Fort Wayne, having removed from Goshen in 1867. In 1877 he became judge of the newly created superior court of the city of Fort Wayne. He served two terms in congress as representative of the twelfth congressional district. Judge Lowry was perbaps one of the ablest judges who ever sat at Nisi Prius. He was honest and incorruptible. He was a man of large mental attainments, kindly disposition and one in whom both lawyers and parties litigant had the utmost confidence.

Joseph W. Adair was born and spent the early years of his life in Noble county. After his appointment as judge he was elected for a term of six years and has twice since been re-elected, as a Democrat in a normally Republican district. Judge Adair's ability as a circuit judge is recognized by the bar all over northern Indiana. His clear conception of the underlying legal principles, his patience under all the trials a judge is called upon to endure in the disputes and questions arising', his prompt rules and Ins constant and uniform good nature and courteous treatment of the members of the bar, has made his court a favorite forum for the settlement of legal battles. This, together with the tact that Whitley is a small county, and has been able to keep her docket clean and secure prompt hearing- of pending cases, has made his court a Favorite place for cases sent from other counties, so much so, that it is sometimes referred to as the "Whitley change of venue court."

the manor born. He was the first member of the Whitley county bar, born in Whitley county. His parents were among the very earliest settlers of the county. He was burn in Smith township in 1839 and had only the advantages of such school as that day afforded. In 1865 he came to Columbia City and began the stud}" of law and engaged in surveying. He was admitted to the bar in 1869 and followed his profession until advancing years and the condition of his health required his retirement. In his earlier years he filled numerous positions in the city and county governments, having been town clerk, town trustee, county surveyor, city marshal and representative in the state legislature. Mr. Tulley was a self-made man, and was a man of very strong likes and dislikes. His unswerving honesty gave him the confidence of the people and in his prime he enjoyed a very large practice.

David H. Colerick was admitted to the bar at Lancaster, Ohio, and came to Fort Wayne in 1829, where he practiced law until he retired in 1872. He was of Irish parentage, and possessed in an eminent degree the powers of an orator, and this coupled with his education and thorough preparation, gave him at once a high rank in Indiana practice. He was employed in many of the criminal cases in the early days, when a plea to the sympathy and emotion of the juror were deemed of value. He founded a family of lawyer sons and grandsons. Two of his sons are yet in active and valuable practice in the city of Fort Wayne: Walpole G. and Henry.

Kendall ville and in 1883 to Fort Wayne. In i860 he was elected and served one term as prosecuting attorney of the tenth circuit which then embraced ten counties in northwestern Indiana, including Whitley. There were two terms of court each year in each county, and the judge and prosecuting attorney were compelled to go from one county to the other and hold court. In 1886 he was elected to hold the office for one term of judge of the Allen superior court. During the latter years of his life, his hearing has been defective and he has been compelled to devote his attention largely to patent law. He justly merits the reputation which he has attained, that of being an honest and safe lawyer.

Henry Chase was about forty years old when he went on the bench and while he served this circuit only a short time, and never held a term of court in this county, was said to have been one of the best judges in his day.

F. P. Randal was identified with the history of Indiana for many years. He read law at Williamsport, Pennsylvania, and after his admission in 1838 took up his residence in Fort Wayne and remained an important factor until his death in 1892. He held office for many years in the city government and was five times elected mayor of the city.

The later members of the bar were John Krider, admitted in 1S73: Thomas R. Marshall, William F. McNagny and James A. Campbell, in 1874. Then came Eph EC Strong. I'. H. Clugston, Benton E. dates.

Memorabilia By Thomas R. Marshall

In 1856 the justice's court was in full tli iwer. As witness the following advertisement in the "Whitley Pioneer:" "Esq. Bodley has removed his office to the building opposite the Tremont House where he is prepared to discharge any duty made encumbent upon him by the statute, nut neglecting to tie the marriage knot for those disposed to commit matrimony."

At the March term, 1844, the regular judge of the court was indicted for assault. Instead of appearing before his associate judges he endorsed upon the indictment, "I plead guilty to this indictment and wish the court to examine Mr. Long and assess the fine." This judge was James L. Gordon.

In 1856 a communication appeared in the "Whitley Pioneer" signed by three justices of the peace, to-wit : J. C. Bodley, T. A. Crabb and J. R. Baker, announcing that the law against profanity was in force and in the discharge of their future duties, they were bound to enforce it, and gave notice to the public accordingly. So far as heard from, this is the last time that the law against profanity was ever known to be in force.

For a while there was a probate court in this county. It met at the house of Richard Boughan on Monday. November 1 1 , 1839. Hon. Christopher W. Long, sole judge, Richard Collins, treasurer, Abraham Cuppy, clerk. Charles W. Hughes, father

A common pleas court was established in 1853 and continued until its abolition by the legislature in 1873. The judges of this court were Stephen Wilman, James C. Bodley, H. J. Stoton and William Clapp. Concerning the latter judge, Colonel McDonald has an amusing story which upon occasion, he can be prevailed upon to relate.

It will be a surprising fact to many people to know that the town of Coesse once elected officers as an incorporated village, but the records in the clerk's office show that on September 13, 1867, an election of officers for the incorporation of Coesse was held, resulting as follows : Marshal. John B. Imsie; treasurer. M. E. Doane ; assessor, William Greene; trustees, W. L. Barney, Fred Smith, Elijah Depew, Robert Steele and J. H. Root.

We cannot close this article without reference to the only execution of a murderer in the count}-. In the latter part of 1883, Charles W-. Butler, of Columbus, Ohio, followed his wife, who had fled from his brutality, to Pierceton and there shot her dead, as he had threatened if she left him.

After being confined in the Warsaw jail for a time he secured a change of venue and was brought here. He with others broke jail but was recaptured near bis home. He was put on trial Monday, .May 12. 1N84, before the following jury: Jacob A. Baker. Josiah Archer. Jacob W. Nickey, John 1\ Depoy, Joseph J. Pence, Lewis Deem, Alexander Ah .re. David James. James Blain. James Cordill, Thomas Jellison and Elijah Depew. Judge Van Long presiding. Michael Sicka- foose, assisted by William F. McNagny, i if Columbia City, and Lemuel W. Royse, of Warsaw, prosecuted. The prisoner was defended by Joseph W. Adair, of Columbia City. Lee Haymond. of Warsaw, H. J. Booth, of Columbus, Ohio, and Thomas E. Powell, of Delaware, Ohio.

hanged on the ioth of October, 1884, and at exactly 12:08 p. m. of that day he was swung into eternity in an enclosure built in the jail-yard. Frank P. Allwein, sheriff, personally attended to the details and sprung the trap. The law was soon after changed so that executions now take place in the state prison.

By Dr. Francis M. Magers

Some time previous to 1827 a squatter in the person of Andrew Mack built a cabin near the Fort Wayne and Goshen trail on section 4, where now stands the frame house owned by Martin Kocher. Andrew Mack was no doubt the first white settler in the then almost impenetrable wilderness which abounded with bear, deer, wild turkeys, wolves, wildcats and many other smaller animals. It appears that Mack was a great hunter and spent most of his time in hunting, trapping and fishing. His cabin frequently gave comfort and shelter to the wayfarer during his lonely journey from Fort Wayne to Goshen, Elkhart and the interior. It was for some years the only haven of rest between these villages separated by a distance of almost eighty miles. The "table d'hote" of this primitive hostelry consisted of venison, bear meat, potatoes and squash. If the epicure should ask for pie he would be politely invited to "go way back and sit down." If he asked for devil's food or angel cake he was told that the generation that gut up such food and pastry was yet unborn and that his fastidious taste must be satisfied