History of Lake, Porter, and LaPorte, 1927County history published by the Historians' Association . . . .
Source Citation:
Cannon, Thomas H., H. H. Loring, and Charles J. Robb. 1927.
History of
the Lake and Calumet Region of Indiana, Embracing the Counties of Lake,
Porter and LaPorte: An Historical Account of Its People and Its Progress
from the Earliest Times to the Present.
Volume I. Indianapolis, Indiana: Historians' Association. 840 p.
HISTORY OF THE LAKE AND CALUMET REGION OF INDIANA
CHAPTER XVIII.
THE BENCH AND BAR IN THE LAKE AND CALUMET REGION.
BENCH AND BAR OF LAKE COUNTY -- LAKE COUNTY BAR ASSOCIATION -- GARY BAR
ASSOCIATION -- BENCH AND BAR OF PORTER COUNTY -- BENCH AND BAR OF LAPORTE
COUNTY -- LAPORTE BAR ASSOCIATION -- MICHIGAN CITY BAR ASSOCIAITON.
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THE BENCH AND BAR IN THE LAKE AND CALUMET REGION.
BY JOHANNES KOPELKE.
Among the institutions of government none are of greater importance to the people than those connected with the administration of justice; for with them the people come into almost daily contact, they are concerned with their liberties, with all their possessions, whether ideal or real, such as character, beliefs, domestic virtues and fortune.
The security of home, the blessings of religion, the learning of the schools, the pursuit of all business avocations, of the industries and profession, the rewards of labor and study, the enjoyment of all property, even its disposition after the passing away of the temporary occupant, come under the supervision and control of the laws and the courts. These fix man’s civil condition even before he is born, they go with him step by step throughout his life, and still affect his rights and interests after he has departed from this world.
It is therefore but natural, that courts and lawyers have always occupied a most important place, and one of the greatest conspicuousness in the eyes of men, and a strong light has always shone upon the work and the lives of judges and lawyers, they have always been public men, more than any other profession. To the historian, the study of their lives and activities has always been of the greatest interest; for the history of the lawyers has practically been tantamount to the history of the commonwealth in its inner affairs and relations.
The judicial history of Lake County naturally divides itself into three periods; first, the one under the old constitution of 1816, the second that in the time from the adoption of the present constitution of the state in 1851 to the time of the reorganization of the courts in 1873, and third, thence to the present day.
Publisher’s Note: The original manuscript on the Bench and Bar of Lake County was written by Judge Kopelke In 1918 and is published in the History of the Lake and Calumet Region by his authority. On account of the intervening years the publishers have added the names of later Court officials, otherwise the manuscript is as originally written.
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Lake County was organized by an act of the General Assembly approved January 18th, 1837, from territory which had been attached to Porter County before.
Commissioners were appointed to locate the seat of justice, which was finally placed at Crown Point, the town founded by Solon Robinson. As, of course, no public buildings were yet in existence when the act would take effect, it provided that the Circuit Court and all other courts should meet at the house of Solon Robinson in said county. This house, a large log house, located near the northwest corner of what is now the public square, remained in existence until quite recent years. From and after the 15th day of February, 1837, the tract of territory designated was to be entitled to all the privileges, powers, and jurisdictions which belonged to other separate and independent counties of the State of Indiana.
At that time, the courts provided by the constiution and laws of the state were circuit courts and probate courts. There was a probate court in each county presided over by a judge who was commonly taken, not from the legal profession, but from the educated and intelligent laity. The general jurisdiction in litigated cases, at law and in equity, and in criminal cases, was vested in the circuit courts, of which at that time there were only ten in the state. They were presided over by a president judge who was always taken from the legal profession, although there was no provision of law distinctly requiring it; he was assisted by two associate judges, who were commonly taken from the intelligent laity. The president could hold court with one associate or without any, the two associates could hold court, in the absence of the president, except in capital and chancery cases, and in vacation and emergency matters their judicial powers were substantially equal to those that the whole court, with the president, might exercise.
All judges were elected for seven years, the president judge by the General Assembly, and the associate judges, and the probate judges, by the people of their counties.
When Lake County was organized, it was made a part of the ninth circuit, which was composed of the counties of Fulton, Marshall, Kosciusko, Elkhart, St. Joseph, LaPorte, Porter and Lake counties; Starke County was attached to Marshall County for judicial purposes.
THE BENCH.
The judges that presided over the courts in Lake County in this first period were the following:
President judges of the Circuit Court:
Samuel C. Sample of South Bend; he held the first term of the circuit court for Lake County, commencing on the last Monday of October, the 30th day, A. D. 1837. Solon Robinson was the first clerk of the court.
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Judge Sample had been prosecuting attorney before; he was regarded as one of the great lawyers of the state, in his day, and among the best judges; he was born in Maryland, and was judge from 1836 to 1843; he then resigned to accept a seat in congress.
He was succeeded by John B. Niles of LaPorte, also one of the most noted lawyers of his day; he acted as judge only for a few months, having been appointed August 8th, and resigning on December 1st. He was born in Vermont in 1808, received a fair education and came to LaPorte in 1833. After rendering the brief service on the bench described, he continued in the practice of law the rest of his life; he was a member of the Constitutional Convention of 1850, and later on a State Senator. The variety of his learning may be known by the fact that for twelve years Judge Niles was a professor of chemistry in the Medical College which had been established in LaPorte at an early day. He died in 1879.
Judge Niles’ successor was Ebenezer M. Chamberlain of Goshen; he was appointed on December 1st, 1843, and held the office till August 28th, 1852; he was elected to Congress later on.
He was succeeded by Robert Lowry of Goshen who remained judge till the reorganization of the courts that took effect in the spring of 1853. After that, he was again elected judge of the circuit court in his home district in 1864; he removed thereafter to Fort Wayne and was elected to Congress in 1882 and 1884; he died in 1904; he was the first president of the Indiana Bar Association; he was born in Ireland in 1822 and had the pleasant, jovial and witty disposition characteristic of his race.
The Associate Judges in this first period were:
William Clark; he came to Crown Point in 1835, and was one of the land owners that laid out and platted the original town of Crown Point; he died in 1869, 81 years old; some of his descendants are still living in the county.
William B. Crooks; he came to Lake County in 18,34, and located a timber and mill claim where Turkey Creek empties into Deep River.
Henry D. Palmer; was an Associate Judge for thirteen years; he was a graduated Doctor of Medicine, came to the county in 1836, located in Ross Township, and later on at Dyer, and died there in 1877.
Samuel Turner; a farmer, settled in Eagle Creek Township in 1838, was Associate Judge from 1842 to the time of his death in 1847; he was the father of David Turner, who will hereafter be mentioned.
Alexander F. Brown, a farmer, was born in New-York State, came to Eagle Creek Township in 1839, and died in 1849; two of his sons are still living among us, namely John and William Barringer, of Crown Point, the first the president of the First National Bank, and the other a retired “big farmer.”
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William Rockwell, a farmer, came to Lake County in 1837, died in 1853 or ‘54.
Michael Pearce came to Eagle Creek Township in 1838, was a prominent farmer and died in 1861; his descendants are still prominent in said township.
PROBATE JUDGES.
Robert Wilkinson, came to the county in 1835. was elected probate judge in 1837, removed from the state in 1849.
Hervey Ball, the father of Rev. Timothy Ball, who was for so many years the leader of this Historical Association, and who wrote the first history of this county.
Hervey Ball was born in New England, 1794, he received a college education, and acquired the degree of Master of Arts, he was also educated for the bar, but never pursued the profession, except in so far as occupying the position of Probate Judge, from 1844 to 1849, may be considered in that light. He came to Lake County in 1837, and settled at Cedar Lake; he brought with him a library which for those days was very considerable and covered many fields of learning, including the law; he died in 1868 at the age of 74 years.
David Turner, before mentioned as a son of Associate Judge Samuel Turner; he was born in 1816, was Probate Judge from 1849 to 1853, later on a representative and senator in the General Assembly of the State. United States Assessor in the ‘60s, a well educated man; he died at Crown Point in 1890; his son, A. Murray Turner, now residing at Hammond, was sheriff of Lake County for two terms, and for a good many years past has been prominent in the business world of the north end of the county, being now the president of the First National Bank of Hammond, Indiana.
SECOND PERIOD.
The constitution adopted in 1851 and the laws enacted under the same abolished the probate courts, and their jurisdiction was vested in courts of common pleas which were arranged by districts, the one to which Lake County belonged being the first composed of the counties of Lake, Porter, LaPorte and Starke. These courts were also invested with a limited jurisdiction in civil and criminal cases, the circuit courts were retained with the superior jurisdiction in civil and criminal matters. All judges were now elected by the people of their districts, the judges of the circuit courts for six years and those of the common pleas for four years.
The first circuit judge that held court in Lake County under the new system was Thomas Stanfield of South Bend; he was elected on October 12, 1852, and resigned on February 23, 1857; he was a noted lawyer in his day. He was appointed a second time, after the resignation of Judge
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Osborn, who will be hereafter mentioned, in October, 1870, and held till the reorganization of the judicial system in March, 1873.
When Judge Stanfield resigned in February, 1857, Albert G. Deavitt of South Bend was appointed his successor; however, he never held court in Lake County; the only record entry we have about him is of September 14, 1857, to the effect that he was unable by sickness to hold the court, and that he appointed Hon. Elisha Egbert, the judge of the court of common pleas, to hold such courts in the district for him, as he was not able to hold himself, and the order book entries for that term are signed by Judge Egbert.
There were only two terms of court in those days, one in the spring and one in the fall, and lasting one week. The spring term of the circuit court in 1858 was held by Judge Andrew L. Osborn of LaPorte, elected in the fall of 1857, who continued to serve till 1870. Among the members of the old bar, Judge Osborn had the reputation of the great judge in this circuit. He had been a representative and a state senator several terms before he was elected judge. Judge Osborn was born in 1815, in the State of Connecticut; at the age of twenty he came to Chicago and began to study law, in 1838 he began the practice at Michigan City, and removed to LaPorte in 1843.
In 1872 the General Assembly had made provision for two additional judges in the Supreme Court, which up to that time had been composed of only three judges; the governor appointed Judge Osborn to one of these new places on the Supreme bench, and he served till the next succeeding election, when the success of the party opposed to the one to which Judge Osborn belonged retired him from the Supreme bench; he had served only a little over two years.
He then went to Chicago to practice law, and became the general attorney for the Michigan Central Railroad Company; he died in LaPorte in 1891.
As we have stated before, Judge Stanfield was the successor of Judge Osborn on the circuit bench, and served till the reorganization of the courts in the spring of 1873.
Occasionally the records show that, in the absence of the regular judge, the officers appointed lawyers to hold a term of the court, and we find among these Mulford K. Farrand, of LaPorte, Elisha Egbert, heretofore mentioned, William C. Talcott, to be hereafter mentioned, Samuel Anthony of Valparaiso, and James Bradley of LaPorte. All these were noted lawyers in the day; Judge Anthony was a member of the constitutional convention of 1850; he died here at Crown Point suddenly in February, 1878, having then again occupied the bench as special judge. Judge Samuel E. Perkins of the Supreme Court was appointed special judge of the Lake Circuit Court in 1862, to try special cases, and held a term in July.
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The judges of the court of common pleas in the period now under consideration were the following:
Herman Lawson, 1852 to 1856; he was from Michigan City. He was succeeded by Judge William C. Talcott of Valparaiso, who served till 1868. Judge Talcott was born in Massachusetts on Christmas Day, 1815; his father emigrated to Ohio, and thence to Porter County in 1837; the son received a fair education, and afterwards was employed as a teacher, preacher, surveyor, editor, lawyer and judge; as editor he originated a system of phonetic spelling and published his paper in that style for a good many years. He came to Valparaiso in 1840 and began reading law; in 1849 he was appointed probate judge. He died at the end of the year 1902.
Judge Talcott was succeeded by Judge Hiram A. Gillett, who was born in Vermont in 1831; he was educated in the university of that state, admitted to the bar in Buffalo, New York, in 1856; he came to Valparaiso in 1861 and practiced law there till he was elected to the bench of the common pleas in 1868, and continued as judge of the court of common pleas till it was abolished in 1873 at which time he was appointed judge of the circuit court for the district then organized, and served as such till November, 1879. Judge Gillett was integrity personified and a devout Christian; he died at Valparaiso in December, 1903; he was the father of Judge John H. Gillett to be hereafter mentioned.
THE THIRD PERIOD.
Noting the career of the elder Judge Gillett, we have thus been carried from our second to our third period.
Early in 1873, the General Assembly had passed an act by which the court of common pleas was abolished, and the state redistricted for the circuit courts. At that time the counties of Lake, Porter and Starke were constituted as the Thirty-first Judicial District of the state, and remained together for a considerable time; in the early ‘80s Pulaski County was added to the district, but after a few years taken off again and made a circuit with Starke County, and Lake and Porter counties then remained together till 1913, still bearing the old number as the Thirty-first District.
As we have seen, Judge Hiram A. Gillett was the first judge of the circuit after the reorganization. He was succeeded in November, 1879, by Elisha C. Field, who served as judge till April, 1889, at which time he resigned to accept the appointment of general solicitor for the Monon Railway Company. Judge Field had the distinction of being the first Lake County lawyer to be judge. He was born at Valparaiso in 1842, received his education at the old Valparaiso College, studied law at the University of Michigan, graduating in 1865; he immediately located at
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Crown Point, was elected prosecuting attorney for the common pleas district in 1866, later also representative in the General Assembly, and judge of the circuit court in 1878, as we have stated. In his position as general attorney to the Monon Railway Company, he was eminently successful; he died in April, 1916, then vice-president of the company; he had been offered the presidency, but declined on account of his age.
He was one of the best all-round lawyers that the writer has ever known, readily and quickly adapting himeslf to any case; he also was a fine speaker.
Judge Field was succeeded by William Johnston, who was first appointed by the governor, and afterwards elected to the office; he resigned after having been nominated for Congress in the summer of 1892. William Johnston was born in Porter County in 1843; his father was a probate judge of that county from 1836 to 1840; young Johnston received his education at the old Valparaiso College, and afterward at Asbury University, graduating in 1866; toward the end of the Civil war he was for a short time enlisted as a soldier. After his college years, he took up the study of law at Valparaiso, was admitted to the bar in 1867, and practiced with great success till he was appointed judge, and also afterwards again, having been unsuccessful in his candidacy for Congress; he was the leading lawyer in his county for many years and acquired considerable wealth; he died at Valparaiso early in October, 1915.
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Judge Johnston was succeeded by Judge John H. Gillett, the son of Judge Hiram A. Gillett before mentioned. He was born in the State of New York in 1860, but came with his parents to Valparaiso as a very small child, and there received a fine education and also was trained in the law. From 1887 to 1891 he served as an assistant to the attorney general of the state, then took up the practice of law at Hammond, in partnership with Peter Crumpacker, and continued therein till he was appointed judge of the circuit court upon the resignation of Judge Johnston. He was elected judge twice and remained on the bench of the circuit court till early in the year 1902. At that time a vacancy happened in the Supreme Court, and Judge Gillett was appointed to fill that place, and also held one term by election, serving till the first of January, 1909.
After retiring from the Supreme bench, Judge Gillett entered again on the practice at Hammond; he is the author of several legal works.
When Judge Gillett was appointed to the Supreme bench, Willis C. McMahan of Crown Point was appointed his successor as circuit judge, and continued in office until his election in 1918 to the Appellate Court. He was born in Carroll County, in 1858, received a high school education, taught school for some time, studied law at the University of Michigan, and took up the practice at Crown Point in 1884; he was elected prosecuting attorney in 1890, and again in 1892, and served as county attorney for a number of years. The vacancy created by Judge McMahon’s election as judge of the Appellate Court was filled by the appointment of E. Miles Norton of Gary, who still retains the position.
THE SUPERIOR COURT.
With the industrial growth of the north end of the county, first in and about Hammond, and the influx of lawyers to that region, the ambition had arisen there to have courts located there, and after an effort to change the law governing the removal of county seats had failed, the energies were directed toward the establishment of a separate court. In this endeavor Hammond was aided by Michigan City, where the same conditions existed with reference to LaPorte, as existed in Lake County with reference to Crown Point and Hammond. In the session of the General Assembly in 1895, the ambition was realized, and a superior court established for the counties of Lake and LaPorte, between which the County of Porter had to be sandwiched to effect the necessary geographical connection.
The first judge appointed for the new court was John E. Cass of Valparaiso. He was born in Oberlin, Ohio, in 1836, and received his education there, graduating from the college; he was a soldier in the Civil war and attained the rank of captain; after the war he located at Valparaiso, for the practice of law, and there continued till his death, in 1901. He served
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as judge only till the election, in the fall of 1896, the politics of the district being adverse to this party.
He was succeeded by Harry B. Tuthill of Michigan City. Mr. Tuthill was born at Dowagiac, Michigan, in 1858; he there received a good education, spent some time in teaching, and then studied law in a law office, and was admitted to the bar at Cassopolis toward the end of 1879. He immediately moved to Michigan City and there practiced his profession until the first of January, 1897, when he assumed the office of judge of the Lake, Porter and LaPorte Superior Court. He continued on the bench for eighteen full years, and has since again practiced law at Michigan City. His connection with the superior court in Lake County was ended when this county was detached from the other two counties, and a separate superior court established for it by an act of 1907.
Virgil S. Reiter was appointed judge of the court, as thus reorganized and re-nominated by his party and elected for the full term in 1918. He was born in 1864, at Rochester, Indiana, received a college education, studied law, and located in Hammond for the practice in 1893.
The General Assembly of 1911 passed an act enlarging the Lake Superior Court by adding two divisions, designated as Rooms 2 and 3, Judge Reiter’s court being known as Room 1; to give Crown Point also additional court facilities, which were badly needed, it was provided that the division of the superior court known as Room 3 should divide its sessions equally between Crown Point and Hammond.
Lawrence Becker, who had been mayor of Hammond since 1904, was appointed judge for the court designated as Room 2, and continued as judge thereof till the election in 1914, the politics of the county retiring him.
Mr. Becker was born in Germany in 1869, and came to this country with his parents when he was ten years old; they located at Tolleston, then went to Hammond, and from there to Montana.
Their son received the education which the places of the residence of his parents afforded, and at the age of twenty-three years, after having labored some in the western state, he returned to these parts to “finish up,” and attended Valparaiso University as well in the literary as the law department. He located at Hammond in 1896, soon became city attorney and then mayor; shortly after his retirement from the bench of the superior court, he was appointed by the President solicitor of the treasury.
Walter T. Hardy was elected to succeed Judge Becker in November, 1914, and reelected in 1918.
He was born in Carroll County in 1869, and received a high school and college education, graduating in law in 1895, in the Kent College of Law at Chicago. He began the practice at Delphi, came to Hammond in 1907, and has continued there to the present time.
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For the judgeship of the superior court in the division designated as Room 3, the governor appointed Johannes Kopelke of Crown Point, on February 23, 1911, who continued in the place till November 15, 1914, when he stepped down and out in similar circumstances as those described in the case of Judge Becker.
Mr. Kopelke was born in Germany in 1854, and there received an education like that afforded by ordinary American colleges of those days; he came to the United States in 1871, spent a year on the study of the English language, then served as a teacher for two years, and then took up the study of law, graduating in the University of Michigan in the spring of 1876.
Immediately thereafter, upon the procurement of Thaddeus S. Fancher, he came to Crown Point, and entered upon the practice of his profession, being associated with Mr. Fancher till the spring of 1879, since which time he has “gone it alone.”
He was elected to the State Senate in 1890 and served in the sessions of the General Assembly of 1891 and 1893.
Mr. Kopelke’s successor as judge of the superior court was Charles E. Greenwald of Gary, who through reelection continues to hold the position.
By an act of 1917, Room 3 of the superior court has been located at Gary, and the sessions at Hammond and Crown Point have been abolished.
Mr. Greenwald was born in Ohio in 1876, and during his childhood his parents came to Whiting where their son received a good school education. He studied law at the University of Michigan, graduating in 1896, and located at Whiting; in 1908 he was elected prosecuting attorney for the judicial district then composed of Lake and Porter counties and reelected in 1910; the judge is known as an accomplished linguist, speaking half a dozen or more languages, including several Slav dialects.
This concludes the review of the persons who have served as judges in Lake County, but we believe it to be appropriate to add here one more who has served as a judge from Lake County, although not in Lake County, and this is Hon. Joseph G. Ibach, who has served as a judge of the Appellate Court of this state since 1911, declining a renomination recently on account of unsatisfactory health, although accepting a place on the State Council of Defense.
Mr. Ibach was born at Huntington in 1861, as a son of Benjamin F. Ibach, who was a prominent member of the legal profession and prosecuting attorney for a time.
The son was educated in the high school and Asbury University, and graduated in law in DePauw University in 1885; he commenced the practice at Huntington, went to Kansas for a few years, and in 1891 located at Hammond, entering into a partnership with Charles F. Griffin; after some time, his father came to Hammond, and he and his son practiced
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law together for a number of years. At the time that Judge Ibach declined a renomination which was offered him by his party, the papers, including those of the party opposed to him, gave him a fine record for the work done by him, on the bench.
LAKE COUNTY CRIMINAL COURT.
The General Assembly of 1919 established a criminal court for Lake County, locating it at Crown Point, and Martin J. Smith was appointed and is now judge thereof.
THE BAR.
Of course, when Lake County was organized, only four years after the first white settlers had come to the region, when no town had yet been established, there were no lawyers in the county.
When the first term of the circuit court was opened up, the record recites that “Jabez R. Wells, Jonathan A. Liston, Gustavus A. Everts, John B. Niles, John H. Bradley, M. H. Orton, Thomas Tyrrel, and J. W. Chapman, are admitted as attorneys to practice at the bar of this court and as such are duly sworn.”
All these men were from the adjoining counties, extending as far as LaPorte and St. Joseph County; some of them we have mentioned before, of some we find no further record in the historical works accessible to the writer, of some we find further mention, namely of Jonathan A. Liston as a very prominent lawyer of Marshall County, later of St. Joseph County; of Gustavus A. Everts as president judge of the Eighth Circuit in later years, and of Joseph W. Chapman as a senator for the LaPorte district for several terms.
The fact is that for many years some of these outside attorneys had the cream of the practice in Lake County and it so continued in a measure till 1880 or thereabouts; the writer remembers lawyers, as far east as LaPorte, in frequent attendance upon the Lake Circuit Court, and not only attending to cases that had come on change of venue, but to cases that had originated in Lake County and were of considerable importance. He knew in that way Judges Niles and Bradley from LaPorte, and familiarly William Johnston, Thomas J. Merrifield, Samuel I. Anthony, and A. L. Jones of Valparaiso.
After the set of lawyers that had been regularly educated for the profession, and come to the county from 1865 to 1876, had reached their full maturity, that system came to an end, and the Lake County bar was sufficient to take care of any and all business in the county.
As introductory to that portion of our paper devoted to the bar, we will first give the lists of prosecuting attorneys attached to the courts.
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CIRCUIT PROSECUTORS.
1837-38, Joseph L. Jernigan of South Bend; he was one of the most noted lawyers in the northern part of the state in his day.
1838, John B. Niles of LaPorte, who has been mentioned among the judges.
1838-42, William C. Hanna; there is nothing to show where he came from.
1842-43, Ebenezer M. Chamberlain of Goshen, also heretofore mentioned among the judges.
1843-45, Ruben L. Farnsworth; he was again appointed in 1856 to fill a short vacancy; my impression is that he was from LaPorte.
1846, James Bradley of LaPorte.
1846-48, Joseph H. Mather; we find no further information about him.
1851-52, James S. Frazier of Kosciusko County; he was later on a circuit judge and judge of the Supreme Court.
1852-54, D. J. Woodward; no further information about him.
1854-56, Morgan H. Weir, of LaPorte, later a state senator and a very prominent lawyer.
1856-58, Mark L. DeMotte of Valparaiso; later on he served in the Civil war as quartermaster, being mustered out with the rank of colonel; was a representative in Congress for a term, later on state senator; he organized the law school in connection with the University of Valparaiso, and was its dean for many years. He died in 1908.
1858-60, William B. Biddle of LaPorte; later on he was circuit judge by appointment.
1860-64, David T. Philipps; no further information about him.
1864-66, Aaron G. Guerney; no further information about him.
1866-70, William H. Calkins of LaPorte; he was a major in the Civil war, afterwards representative in Congress from 1877-84; was defeated as republican candidate for governor, then was appointed judge in what then still was the Territory of Washington, and died at Tacoma in 1894.
1870-72, Michael L. Essick of Rochester, a prominent man there until recent years.
1872-74, Thomas J. Wood of Crown Point.
All these served when the Ninth Circuit was composed of the counties of Lake, Porter, Starke, Pulaski, LaPorte, Marshall and St. Joseph.
By the reorganization under the act of 1873, Lake County was placed in the Thirty-first Judicial District and for 1874-76, Thomas J. Wood was elected prosecuting attorney in the new circuit.
1876-80, Julius W. Youche of Crown Point.
1880-84, John B. Peterson of Crown Point.
1884-88, Edgar D. Crumpacker of Valparaiso. He was appointed judge of the Appellate Court, when that court was organized in 1891, and
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served till the first of January, 1893; from 1897, he was representative in Congress for eight successive terms.
1888-90, Charles N. Morton of Crown Point.
1890-94, Willis C. McMahan of Crown Point, mentioned among the judges.
1894-98, Thomas H. Heard of Valparaiso; he died a few years ago, having been poisoned by mushrooms.
1898-1900, Stanley T. Sutton of Crown Point; he was in the county only a few years and removed shortly after his term of office had expired.
1900-04, William J. McAleer of Hammond.
1904-08, David A. Boone of Hammond.
1908-12, Charles E. Greenwald, then of Whiting, heretofore mentioned among the judges.
1912-16, James A. Patterson, then of Indiana Harbor, now of Gary.
1916-20, Clyde Hunter of Gary.
1921-24, inclusive, Dwight M. Kinder.
1925-26, A. A. Bremer.
1927, Oliver Starr.
COMMON PLEAS PROSECUTORS.
1852-54, Daniel Noyes of LaPorte, later circuit judge.
1854-56, James A. Thornton of Michigan City, long a prominent lawyer of that place.
1856-58, Martin Wood, of Crown Point.
1858-59, Edward M. Horan, died while in office, and Joseph M, Door was appointed to fill the vacancy; there is no further information accessible about either of them.
1860-62, Robert S. Dwinggins of Rensselaer, later on judge of the court of common pleas.
1862-64, Oliver W. Ray.
1864-66, James Burson; no further information accessible about either.
1866-68, Elisha C. Field of Crown Point, heretofore mentioned among the judges.
1868-70, William H. Martin of Benton County.
1870-72, William T. Horine of Crown Point; later he practiced law, was justice of the peace, postmaster, and last received an appointment in a department at Washington, and died there some years ago. He had been a soldier in the Civil war and lost a leg in battle.
1872-73, Nelson J. Bozarth of Valparaiso; he served till the court of common pleas was abolished, and thereafter continued in the practice to the present day, for some years at Hobart.
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THE CROWN POINT LAWYERS.
Before 1893, there were no regular lawyers in Lake County, outside of Crown Point which was not only the county seat, but the largest town in the county, and other places were too small to support lawyers and afford them a living.
The first man, regularly admitted to the bar, and who practiced law as a profession at Crown Point, was Alexander McDonald, who located in Crown Point in 1839. He was born in 1809 and came to Lake County among the first white settlers, took up land, and first engaged in farming; he died in 1869. When the writer came to Crown Point, there were yet many anecdotes current among the lawyers about the natural ability, shrewdness, and wit, of this Nestor of the legal profession in Lake County. He represented the county in the Legislature and occupied other positions of trust and influence.
Martin Wood, before mentioned among the prosecutors, was our second lawyer, coming to Crown Point in 1848 at the age of thirty-three years. He came from Ohio, and had begun the practice of law there. He had also been a teacher in his younger days; he represented Lake County in the General Assembly.
By application, industry, and the strictest honesty, he acquired a considerable practice and large influence in the community; he died in 1892.
The third to establish himself at Crown Point as a lawyer was Elihu Griffin, who came in 1857, from Henry County, where he was born in 1830. He attended an academy, was a teacher for some time, and in 1851 was admitted to the bar; in the Civil war he served as paymaster and received the rank of major; after returning from the war he engaged as counsel with the company constructing what was then known as the “Danville Road,” being the line from Chicago to Evansville.
In 1868 he suffered a stroke of paralysis, which incapacitated him so that he had to rely upon the students in his office, and young lawyers, to help him with his work. Among these were Thaddeus S. Fancher, John B. Peterson, and Julius W. Youche; in later years his son Charles took up the work, when he was eighteen years old, cleverly handling the work in court that his father had arranged, till he became experienced enough to manage it independently.
Major Griffin died in December, 1887. His son Charles had inherited his father’s oratorical talent and became a noted lawyer while yet young. He served as secretary of state from 1887 to 1891, then located at Hammond for the practice of law, even extending his operations to Chicago; he died while yet a young man in 1902, forty-six years old.
Charles N. Morton, of a family of first settlers, began the practice of law at Crown Point in 1858; after some years he removed to Cook County, Illinois, but returned to Crown Point in the early '80s. As has
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been heretofore mentioned, he was prosecuting attorney from 1888-1890; he died in 1912, about seventy-eight years old. He was of a genial disposition and counted everyone for his friend.
James B. Turner, a son of Samuel Turner, who has been mentioned as an associate judge, located in Crown Point for the practice of law in 1861, but died in 1866.
Timothy Cleveland came in 1863, practiced law and was a justice of the peace, and died in 1899, seventy years old.
Elisha C. Field came in 1865; his record has been given among the judges.
Job Barnard came in 1867; was Mr. Field’s partner for several years, then accepted a position in Washington; there rose to the position of district judge, and retired a few years ago under the age and service provision; he is still living. His brother Milton also was in the practice here for a few years.
Thomas J. Wood came to Crown Point in 1867. He was born in Ohio in 1844; his parents removed to near Terre Haute, and there Mr. Wood received a good education; he graduated in law in Michigan University in 1867; first took up the practice at Lowell, but soon came to Crown Point; entered into partnership with his uncle, Martin Wood; served as prosecuting attorney as heretofore stated; as state senator in the sessions of 1879 and 1881, and in the Congress from 1883 to 1885; he died at Crown Point in October, 1908. He was of powerful physique, a good speaker, and the best hand-shaker in the district. He was the first man from Lake County to be elected to Congress.
William T. Horine came in 1870; his career has been mentioned before.
James H. Ball, a son of Judge Ball, began the practice in Crown Point in 1871 and continued a few years; he then removed to Kansas and was a probate judge in that state for a long time.
Thaddeus S. Fancher located in Crown Point in 1871; he was born in 1845 in Ohio; had there received a good education; first came to Lake County as a teacher, then took up the study of law, and attended Michigan University, graduating in 1871. After his return to Lake County, he was superintendent of schools for a few years, representative in the Legislature in the sessions of 1879 and 1881; in his practice, he specialized to some extent in drainage proceedings; he died in 1912. In the last years of his professional life, he was assisted by his son, bearing the same name, who had been schooled at Crown Point and Valparaiso, and has continued the practice after his father’s decease.
Julius W. Youche located in Crown Point for the practice of law in 1872. He had been raised in the State of Ohio, received a high school education and graduated in law in Michigan University. Before he took up the practice of the law, he had been a teacher in the Crown Point
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schools. He first was in partnership with Major Griffin, but went by himself when he was elected prosecuting attorney, as heretofore stated; he was elected to the state senate in 1882 and served in the sessions of 1883 and 1885. In the session of 1883 he gave the casting vote which defeated two amendments to the constitution, then pending for ratification, one for female suffrage, and one for prohibition. Later on Mr. Youche was a trustee of the state university. He worked harder than he should have done, and died in 1901 at the age of fifty-three years.
George W. Beeman practiced law in Crown Point a few years, removed to Starke County in 1876, and there he became prosecuting attorney and later circuit judge, dying some years ago.
Owen J. Wood, a son of Martin Wood, to whom his father had given a college education, began the practice of the law at Crown Point in 1876, but he soon removed first to Minnesota, and thence to Kansas, where he has become a prominent railroad lawyer.
Johannes Kopelke came to Crown Point in the spring of 1876; his career has been mentioned heretofore.
John B. Peterson had been admitted to the bar at Crown Point in 1872 after having studied under Major Griffin; he then went to Hebron, engaging in teaching, and practicing the law on the side. In the summer of 1876, he returned to Crown Point for good, and has since practiced his profession here. We have mentioned him hereinbefore as prosecuting attorney.
He was born and raised in Lake County, received only a common school education, but added very largely to it by study and self-culture. He served as a member of Congress from the 4th of March, 1913, to the 4th of March, 1915, having the distinction of being the first man born in Lake County to represent the district.
When he was elected to Congress he gave up his practice and since his return home has only taken occasional employment; at this time he is making himself useful and giving valuable service as chairman of the County Council of Defense.
Edwin J. Forrest came to Crown Point in 1892, as manager for the noted Chinese Doctor Don Sang; he had studied law, and soon took up the practice and carried it on successfully for about ten years, when he removed from the state to engage in industrial enterprises.
Frank Meeker was born near Crown Point in 1868; he received his education in the high school here, and afterwards graduated in law in Michigan University, in 1892, and then took up the practice at Crown Point. He was county attorney for a number of years, a promising member of the profession, but was taken off by an early death in June, 1914.
Herbert S. Barr was born and raised at Crown Point; he studied law with Mr. Youche and assisted him in his work when Mr. Youche’s health began to fail him, and after his death he practiced for himself.
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Otto J. Bruce came from Pulaski County in 1893; he had received a good education and graduated in law in the University of Michigan.
Frank B. Pattee came in 1900; he was born and raised in this county, received a good education, and graduated in law from the University of Wisconsin; he is now associated with Herbert Johnson, also a Lake County boy, a graduate of Wisconsin University, who began the practice in 1916.
August Bremer is likewise a Lake County boy, received his legal education at Valparaiso, and started in the practice in 1905; he has been deputy prosecuting attorney for many years.
George E. Hershman came from Jasper County in 1907.
A. L. Courtright came in 1909 from Starke County, where he had been prosecuting attorney, and has been in a limited practice for a number of years, giving most of his time to other, probably more profitable, lines of business.
Martin J. Smith came from Wisconsin in 1908. He acted as city attorney for a time and was appointed in 1919 judge of the new Lake County Criminal Court, which position he still holds.
Edwin C. Davis came from Madison, established himself at Crown Point in 1911; in the last few years he has represented Lake County in the General Assembly.
Knight & Brown (Edwin F. and Joseph E.) are Crown Point boys, both with good schooling in general knowledge and also in the law; they commenced practice here in 1909 and 1913 respectively.
Fred M. Grimmer is another Lake County boy now in the practice here, having started in 1913.
Daniel B. Straley and Frederick G. Lisius are among the more recent practitioners.
We have even admitted some ladies to the bar at Crown Point, the first being Mrs. Stella Colby Meeker, who was admitted in December, 1893; shortly thereafter she married J. Frank Meeker whose widow she now is.
Miss Frances Grimmer was admitted in the spring of 1911. For seven years past she was a deputy in the county clerk’s office.
Mrs. Carrie L. Ingersoll was admitted in 1915; she was a deputy in the office of the county auditor for many years.
With these ladies we will mention Miss Alta Halstead of Hobart, who was admitted about 1916 and actually practiced law to some extent on her own account, although her principal employment was stenographer with Mr. Peddicord.
THE EARLY HAMMOND BAR.
The first man, who had made the law his profession and had been regularly admitted to the bar, to go to Hammond, to practice, was Donald
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McDonald, a son of Alexander McDonald; he had been born, raised and educated at Crown Point, studied law with Elisha C. Field, been admitted to the bar in 1878, and began the practice at Crown Point. In April, 1883, he located at Hammond, became city attorney when the city was organized in 1884, but went West after a few years and died at an early age.
Samuel Griffin, a brother of Major Griffin, came to Hammond in 1885, also was city attorney, but stayed only a few years, and then removed to Sheridan.
Other early lawyers at Hammond were John F. Burroughs, Buell Borders and John Kreuter, he a Lake County boy. Death took these off after they had just made a fair start.
Armanis F. Knotts came to Hammond in 1887, was a representative in the General Assembly in 1899, and elected mayor of Hammond in 1902. When the United States Steel Corporation decided to construct the great plant at Gary, Mr. Knotts was employed as manager of the work incident to the location, and for some years remained in Gary. He is now pleasantly located at Inglis, Florida.
Peter Crumpacker, a brother of Judge Crumpacker of Valparaiso, came to Hammond in 1888, and worked himself up to one of the first places in the profession. He died in 1918.
Robert Gregory was one of the early lawyers at Hammond; he came in 1891 from Monticello where he had been a representative in the General Assembly and also prosecuting attorney; he was one of the first city judges of the City of Hammond, and died some years ago.
THE PRESENT PERIOD.
The present occasion does not permit us to give a detailed account of all the attorneys now in the practice at Hammond and in other cities and towns of the county; the writer had intended to give the lists, as they appear in the bar dockets of the courts, and add brief descriptive notes in the cases at least of those who had attained to prominence in the profession, and had occupied official positions; but we find that even this would extend this paper to unreasonable length, so we must limit ourselves to the lists of names, leaving it to some future historian to “write up” those who have made, or may hereafter make, records worthy of note.
We have nearly three hundred lawyers in the practice in this county; we are second in numbers only to Marion County; our bar is cosmopolitan, like the population; there are at least ten nationalities represented in it; the writer knows one member at Hammond who has a large portion of Indian blood in his veins, and one at Gary who is of the black race; among the “foreigners” at Gary he knows one who was a member of the Duma in Russia.
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The Lake County bar has furnished its full quota to the military forces of the United States in the present World war, and we here record the names of our gallent men, or “boys” as we love to call them:
From Whiting: Benj. Gordon, Charles Perel, Walter Smith.
From East Chicago: Capt. Allen Twyman; soldiers, T. H. Grabowski, A. J. Fritz, M. Redlich, Hugh Carroll, Lester Ottenheimer.
From Hammond: Capt. Edward Schottler, First Lieuts. Johnson, F. Murray, Sergt. Maj. L. MacKinney; soldiers, Phil. Greenwald, Joe Hirsch,
C. White, Edwin Friedrich.
From Gary: First Lieuts. John W. Scott, E. B. Southworth, Second Lieuts. Daniel D. Redding, Bert R. Kuss, E. Edward B. Marsh, Oscar B. Thiel, Fred G. Hamilton, Joseph De Marti.
From Hobart: John Killigrew, the probate commissioner of the circuit court.
From Crown Point: W. Vincent Youkey, the court reporter, and Frederick G. Lisius.
We have three bar associations with headquarters at Hammond, Gary and Crown Point, respectively. The record made by the Lake County bar is equal to that of any other bar in the state, and we here express the hope that it may be kept at the high degree now attained.
The list of attorneys, now in active practice according to the bar dockets of the courts, 1926, now here follow:
Agnew, John C.
Beverly, Charles
Burke, Jos. P.
Ahlgren, Oscar A. Bittles,
Claire
Burns, James W.
Alexander, Fritz W. Bixby, Charles R.
Butler, Lester D.
Allman, Major F.
Bomberger, L. L.
Caldwell, Lewis A. H.
Altshuller, Nathan D. Boone, Theo. S.
Call, Kenneth L.
Anderson, Cora
Bowers, John O.
Capouch, John
Anderson, F. Lawrence Bowers, Sylvan F.
Cargo, Frederick
Anderson, Ray G.
Brandenberg, Elmer D. Carroll, Claudius L.
Atkinson, David C. Branja, John B.
Carroll, Huge E.
August, Govan D. Bremer,
August A.
Carlson, Edwin J.
Ayamo, Juanito
Bretsch, Clarence
Carlton, Arthur C.
Bacoyn, Edw. M.
Bretsch, Floyd
Cassey, Alfred H.
Bappley, Chas. J. Brewer,
Lucius H.
Cerejewski, Thos. B.
Barnett, Fred
Brindley, Gilbert A.
Chapin, Perry R.
Barr, Herbert S.
Brissey, James W.
Chase, Chas. W.
Bangel, Abe Arthur Brown, Joseph
E. Clark,
Samuel C.
Bayor, Hosea
Brown, M. Clyde
Cleveland, Clyde
Beach, D. C.
Bruce, Foster
Cleveland, Henry C.
Beck, E. E.
Bruce, Milo M.
Coffey, Lawrence
Belshaw, J. Will
Bruce, Otto J.
Cohen, Hyman M.
Benedict, August
Bryan, Louis A.
Collins, Godfrey J.
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Conroy, Joseph H. Fitzgerald,
Edwin J. Hall,
John C.
Cox, Burton, M.
Fletcher, Everett J.
Haller, John F.
Courtright, A. L.
Fletcher, William
Hayes, Ambrose M.
Crites, M. E.
Foley, A. C.
Hammond, Harold W.
Crownover, Leroy A. Force, Ernest W.
Haney, Oscar
Crump, Roscoe C. Foster, Lucien N.
Harris, J. Glenn
Crumpacker, Fred C. Fox, John M.
Havran, Michael
Curtis, Harvey J.
Frankowski, Jos F.
Heffner, Earl A.
Clemens, Charles I. Fitzgerald, Wm. H.
Hembroff, Newton A.
Cody, J. F.
Friedrich, Edwin H.
Herschcovitz, Marcus
Daly, James H.
Futz, Anthony J.
Hershman, George A.
Danch, Julius J.
Fuzy, William A.
Hershman, Oliver W.
Davidson, Geo. C. Galasini, Thos.
Hirsch, Joseph L.
Davis, Henry L.
Gammon, Jesse W.
Hodges, Wm. F.
Davis, Herschel B. Gallagher, John
P.
Holland, Louis C.
Davis, Hoy D.
Galvin, Francis J.
Holmberg, Erhard
Davis, Jesse N.
Galvin, Timothy P.
Holperin, Louis N.
Davis, John Arthur Gavit, Albert
H.
Hoover, Floyd
Davis, Robert M.
Gavit, Bernard C.
Houren, Richard E.
DeArmond, Sadie Gavit, Frank
N.
Huber, Albert C.
DeBragga, Farmer V. Gavit, John A.
Hueston, Wm. C.
Delinger, John G.
George, Louis H.
Hurley, Thomas J.
Dillon, David M.
Gillett, Gerald A.
Ibach, Joseph G.
Diringer, Gletus G. Giorgi, Paul
Jaffe, Theodore R.
Dorsey, Frank J.
Glaser, Paul P.
Jawarski, Walter C.
Dowling, James T. Glaser,
Marguerite
Jenkins, Wm. L.
Draper, Alfred P.
Glaser, Samuel
Johnson, Earl W.
Draper, Floyd S.
Gleason, John A.
Johnson, Elam H.
Duggan, Frank W.
Gmerek, William
Johnson, Herbert T.
Dwyer, S. C.
Goldsmith, Max
Johnson, Raymond C.
Demmon, Floyd
Gordon, Martin S.
Jones, Gilbert L.
De Marti, Joe
Grabowski, Teofil H. Jordan,
Wilson K.
Eaton, Guy W.
Granger, Herman E. Julien,
Beatty R.
Eder, George J.
Graves, Robert O.
Karagish, Julia
Estill, Robert G.
Green, Roy E.
Keenan, Frank E.
Engels, Robert R.
Greenlee, Cassius M. Kemp, Howard
H.
Evans, Max
Greenwold, Frank L.
Killigrew, John
Faulsang, Geo. M.
Griffin, George W.
Kinney, Ralph C.
Felker, Leonard W. Griffith,
Albert E.
Kirtland, Frederick W.
Fetterer, Franklin R. Grimmer,
Frances Knight,
Edwin F.
Fetterhoff, John H.
Grimmer, Fred M.
Knourek, Wm.
Filipiak, Anthony A.
Greenwald, Chas. E. Kohler, Arthur
P.
Fisher, Eug. McClellan Guy, Milton W.
Kopelke, Johannes
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Klotz, Theodore C.
Modjeska, I. I.
Riley, Walter J.
Kostbade, Taymond A. Moise, Samuel P.
Roberson, Frank
Kuss, Bert R.
Moran, Daniel J.
Roberts, Victor K.
Kuss, Louis D.
Moran, Jesse A.
Robinson, John W.
Key, Herman L.
Moren, Miller B.
Roe, Willis E.
Kliott, Michael A.
Morthland, John W.
Rose, George P.
Laszlo, Julius H.
Mosny, Joseph
Rosenbloom, Herbert E.
Laube, Benj. J.
Murray, Floyd R.
Rosenthal, David T.
Laube, Joseph L.
Murray, Wm. J.
Royce, Rae M.
Leeney, Edmond J.
Murphy, John
Sackett, Homer E.
Leport, Donato
Murphy, Lester F.
Sambor, Andrew H.
Lerner, Maurice I.
Musikow, Harry
Sawyer, John F.
Letsinger, Arthur E.
Narovich, Byrin S.
Schroeder, Herman W.
Lewinski, Chas. R.
Norton, E. Miles
Schmeller, Stanley C.
Lisius, Frederick G.
O'Bear, James
Schoor, Samuel P.
Love, William M.
O'Neill, James F.
Scott, Eugene W.
Ludwig, Mathias P.
Ottenheimer, Abe
Scott, John W.
Lundy, Geo M.
Ottenheimer, Lester Schuetz,
Alexander J.
Lyddick, John W.
Oppman, Mor N.
Seabright, Fred
McAleer, William J.
Pace, James F.
Seabright, Jesse M.
McCloskey, Paul
Parfenoff, Stephen S. Sennef, Frank
McCoy, C. F.
Parks, P. A.
Sevald, Dominic P.
McDaniel, Wayne A.
Pattee, Frank B.
Sharavsky, Harry P.
McCracken, Henry F.
Patterson, J. A.
Sheehan, Frank J.
McGinnis, Francis F.
Perel, Chas. S.
Sheerer, George B.
McGuire, Chester C. Peters,
Glenn D.
Siegel, Milton B.
McLaughlin, Edw. Hugh Peterson, Henry Wm.
Sims, Harrell, W.
McNabe, Grace
Peterson, John B.
Sloan, George E.
McMahon, William W. Poliak, Adam
Smith, Homer B.
McNeff, James H.
Powers, Harry E.
Smith, Martin J.
Malczewski, M. Wm.
Pullien, Alva L.
Smith, Walter H.
Maimaroff, Stephen
Peddicord, R. R.
Sperling, F. Louis
Mason, Caroline H.
Rapier, Joseph F.
Snyder, Henry B.
Matthews, Wm. H.
Redding, Daniel J.
Sprintmy, Cecilia M.
Mason, Chas. H.
Reed, Chas. M.
Sproat, E. G.
Meade, J. E.
Reiland, G. E.
Spychalski, Frank A.
Menczynski, Thaddeus Reiland, William A.
Stanton, Homer M.
Mercado, Angel F.
Reiter, Virgil S.
Stanton, John N.
Metz, Merritt D.
Reynolds, Dillard P.
Starr, Oliver
Michaely, Geo. P.
Reynolds, Edw. J.
Stein, Alex. M.
Miller, May T.
Reynolds, Virginia S. Steward,
Arthur P.
Miller, W. W.
Richardson, Robt. E.
Steward, Harrison B.
Miltimore, Max
Ridgely, Claude V.
Stiles, Harold E.
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Stinson, James K.
Thomas, William
Whitaker, Virgil E.
Stinson, John M.
Thompson, Richard R. White, Emmet
N.
Straley, Daniel B.
Thorsen, Ralph S.
White, Guy E.
Strom, Oscar
Tyman, Allen P.
Wickey, E. W.
Sullivan, T. Joseph
VanHorne, Williard B. Wildermuth,
Ora L.
Swartz, Ulysses J.
Wake, John W.
Willevitch, Wm. B.
Sweeney, James A.
Walsh, Vincent T.
Williams, James E.
Thiel, John W.
Walters, J. Bryon
Wilson, Jesse E.
Thiel, Oscar B.
Washington, Ray Lee
Wiltrout, E. Jayn
Tinkham, A. E.
Wells, John C.
Witko, Andrew N.
Tinkham, C. B.
Welsheimer, Frank L.
Woodfolk, R. W.
Todd, Joseph W.
Whinery, William J.
Youkey, W. Vincent
The present Crown Point court officials are: Circuit judge, E. Miles Norton; prosecuting attorney, Oliver Starr; clerk, John Killegrew; probate commissioner, Harold Barr; bailiff, Clement J. Beem; court reporter, W. Vincent Youkey. Judge Frank J. Sheehan of Gary presides over the juvenile court.
LAKE COUNTY BAR ASSOCIATION.
While the Lake County Bar Association was in existence at a much earlier period, it was inactive, and its real history begins with its reorganization in 1909. The increase in population and industry, beginning with 1905, brought many lawyers to the growing industrial centers and the principal work of the Association after reorganization was to keep the roster clean. Under the Indiana law the only qualifications to be a lawyer is that such a person shall be a qualified voter and one of good moral character and the Association was one of the first, if not the first, to adopt the rule that one could not be of good moral character unless he was qualified in the law.
With the establishment of additional courts at Hammond and Gary and the criminal court, the Association had courts agree that all applications for admission should be passed upon by the circuit court following the recommendation after examination of the investigation committee composed of three lawyers recommended by the Association. The present committee consists of D. J. Moran of Hammond, Frank B. Pattee of Crown Point and Ora L. Wildermuth of Gary. In only a few instances has it been necessary to file charges against lawyers. They are given an opportunity to resign which they take advantage of and as a result the Association has cleared the profession in Lake County of undesirable lawyers and the Lake County bar is now the peer of any county bar in the state.
The different cities have a local bar association and the Lake County Bar Association under its constitution automatically has the members
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of the local bar in the respective cities become members of the Lake County Bar Association on the payment by the local bar of a per capita tax and thus the Lake County Bar Association becomes a clearing house for all activities generally in the county and the connecting link with the State Bar Association and American Bar Association and with other activities that are either statewide or national in their scope. One of the examples of cooperation by the Lake County Bar Association is the strong support given by the Lake County Bar Association in the oratorical contests with reference to the study of the Federal Constitution by the State Bar Association.
As may be seen from the foregoing the Lake County Bar Association has promoted and fostered a high standard of ideals and ethics and has established the fact among the lawyers and the laity that the law is a profession and not a business. Having safeguarded the profession the principal activities of the local bar association and the Lake County Bar Association is to have dinner meetings where matters of vital importance to the profession are discussed by legal authorities. The Gary Bar Association has been particularly active along this line. Since the reorganization some of the most prominent members of the profession in Lake County have been president of the Bar Association among whom may be mentioned D. J. Moran, J. H. Conroy, C. B. Tinkham, L. L. Bomberger, A. E. Tinkham and Jesse Wilson of Hammond; A. P. Twyman and Abe Ottenheimer of East Chicago; F. M. Gavit of Gary and J. H. Fetterhoff of Whiting.
Since reorganization Erie G. Sproat of Hammond and Charles R. Dyer now of California were secretaries and their work received the constant approbation and approval of the members of the Association. The present officials are Hon. Virgil S. Reiter, president; Hon. Willard B. VanHorne, of Indiana Harbor, vice president; H. W. Petersen of East Chicago, secretary; and Frank Galvin of Hammond, treasurer.
GARY BAR ASSOCIATION.
For several years the lawyers of Gary discussed the organization of a city bar association, but it was not until 1924 that formal action was taken to bring them together. When the association was organized in 1924, the city being new, there was no past history or traditions to follow and the association proceeded along new lines to create and foster the highest ideals and elevate the general standard of the members. It aims to foster and promote a high standard of legal education and to raise the standard of legal ethics and create new ideals instead of following old traditions.
Monthly dinner meetings are held, which are largely attended and where leading members of the profession from other cities, prominent
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judges, and deans of law schools address the members on matters of outstanding importance to the profession. By also making prominent the social side of these meetings, the Association has promoted good fellowship among the lawyers while the members have drawn inspiration from the distinguished leaders in the profession who have been discussing important legal matters of interest.
The Association is sponsoring the movement for a new courthouse costing $1,000,000, the plans for which are now in preparation and in every wholesome manner is advancing the interests of the bench and bar. Unstinted praise by the members has been given the president, W. W. Miller, and the other officers for the success and accomplishments of the Association through which the members have derived great pleasure and benefits. The officers of the Association are: W. W. Miller, president; Kenneth Call, vice president; Everett F. Fletcher, secretary; and T. H. Grabowski, treasurer.
BENCH AND BAR OF PORTER COUNTY.
By Hon. H. H. Loring, former judge of the Porter County Circuit Court.
Porter County, Indiana, was organized as a county government by legislative authority in 1836. Prior to its organization into a county government, the territory now embraced in Porter County, was a part of the Eighth Judicial Circuit authorized by the constitution adopted in 1816 and embraced considerable unorganized territory in the northwestern part of Indiana. In 1838, the Ninth Judicial Circuit was created and composed the counties of Porter, Lake, LaPorte, St. Joseph, Elkhart, Kosciusko, Marshall and Fulton. The law required the circuit court to be in session twice each year in Porter County. At the time of the organization of the county, in addition to the circuit court, the law provided for a justice court for each township and a probate court for the county.
At an election held on February 23, 1836, Jesse Johnson was elected probate judge, and Seneca Ball (father of Erasmus Ball) and James Blair, associate judges; George W. Turner, clerk, and Benjamin N. Spencer and John Sefford, county commissioners. Benjamin Saylor was appointed sheriff the same year by the governor. The first meeting of the board of commissioners was held on April 12, 1836, in the home of C. A. Ballard in Porterville (now Valparaiso) with George W. Turner acting as clerk and continued in session five days. In the same year the county seat (courthouse) was established at or near the center of the southwest quarter of section 24 in township 35 north, range 6 west, being now known as block 23 in the original survey of the City of Valparaiso. The justice court of the township, the probate court of the county, and the circuit court of the Ninth Judicial Circuit required to sit two times a
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year in Porter County, administered justice to the inhabitants of Porter County, from 1836 to 1851.
The constitution adopted in 1851 abolished the office of probate judge, and authorized the legislature to establish inferior courts from time to time. Exercising this authority, the courts of common pleas were created in May, 1852, the counties of LaPorte, Porter and Lake being designated as one district. This court was given jurisdiction in matters of probate and was practically a continuation of the old probate court established in 1838 under a different name.
The judges of the probate court while it was in existence from 1838 to 1852 were Jesse Johnson, Seneca Ball, George W. Turner, Nathaniel Campbell, William Talcott and John Jones, the last named appointed to fill out the unexpired term of William Talcott.
The common pleas court, established in 1852, served the people only twenty years, when it shared the same fate as the probate court and was abolished in 1873, the jurisdiction being transferred to the circuit court then authorized by the constitution. During the twenty years the common pleas court was in existence, it was presided over by only three judges — H. Lawson, William C. Talcott and Hiram A. Gillette — the latter judge serving in 1873 when the court was abolished and Mr. Gillette was appointed by Governor Hendricks judge of the circuit court composed then of Lake, Porter and Starke counties.
The Legislature in 1893, exercising the power given by the constitution, created a superior court in Lake, Porter and LaPorte counties and John E. Cass of Valparaiso was appointed by Governor Mathews the first judge and served until 1896 when he was succeeded by Harry B. Tuthill of Michigan City, who held the position until January 1, 1915, at which time Lake County was detached from the district.
He was succeeded by Harry L. Crumpacker also of Michigan City, who is the present judge of the court, having been elected the fourth time at the November election in 1926. The superior court has concurrent jurisdiction with the Circuit court in all cases, criminal and civil.
The circuit court judges of the district in which Porter County formed a part, in the order of their service were: Samuel Sample of South Bend; E. M. Chamberlain of Goshen; Robert Lowry of Goshen; Thomas Stanfield of South Bend; Andrew Osborn of LaPorte; Hiram A. Gillette of Valparaiso, who served until 1878. He was succeeded by Elisha C. Field of Crown Point, who served until 1890 when he resigned, his successor being William Johnson of Valparaiso, who served until 1892. John
Gillette, a son of Hiram A. Gillette, was judge from 1892 to 1898 when he was promoted to the Supreme Court of Indiana. Willis C. McMahon of Crown Point was Judge Gillette’s successor and served from 1898 to March, 1913.
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The growth of population in Northern Indiana caused the Legislature to create new circuits from time to time and diminish the number of counties in a circuit. In 1873 the Thirty-first Judicial Circuit consisted of Lake and Porter counties but by legislative enactment Porter County was made the Sixty-seventh Judicial Circuit and Lake County alone became the Thirty-first Judicial Circuit in 1913. A. D. Bartholomew of Valparaiso was appointed by the governor the first judge of the Sixty-seventh Judicial Circuit and served until November, 1914, when he was succeeded by H. H. Loring, who served until January 1, 1927. When Judge Loring declined renomination Grant Crumpacker was nominated and elected his successor in 1926 and has been serving as judge of the court since January 1, 1927.
At the time the common pleas court was abolished in 1873 Michael L. Esseck was prosecuting attorney. Since that time the prosecuting attorneys with the year in which each was elected have been as follows: Thomas J. Wood, Crown Point, 1872; J. W. Youche, Crown Point, 1876; J. G. Smith, Valparaiso, 1880; Charles F. Griffin, Crown Point, 1882; Edgar D. Crumpacker, Valparaiso, 1884; Charles N. Morton, Crown Point, 1888; Willis C. McMahan, Crown Point, 1890; Thomas H. Heard, Valparaiso, 1894; Stanley T. Sutton, Crown Point, 1898; William J. McAleer, Hammond, 1900; David E. Boone, Hammond, 1904; Charles E. Greenwald, Whiting, 1908.
Making Porter County a separate judicial district in 1913 brought about the appointment of Walter J. Fabing as prosecuting attorney in that year and he served until 1914, being succeeded by Charles W. Jensen, of Chesterton. Since that time the prosecuting attorneys in the Porter County Circuit Court have been: Joseph S. Bartholomew, Valparaiso, whose services began in 1918; Field Ray Marine, Valparaiso. 1920; William W. Bozarth, Valparaiso, 1924; and Clarence D. Wood, Chesterton, 1927. The Legislature of 1891 created the Appellate Court of Indiana to relieve the Supreme Court and to this court Edgar D. Crumpacker of Valparaiso was appointed a judge by the governor and served for two years.
The Common Pleas Court and the Circuit Court were courts of Record and their proceedings were recorded by the clerk elected by the people. The clerks serving these courts from the time of the organization of the county in 1836 and the time of election of each is as follows: George W. Turner, 1836; John C. Ball, 1842; William W. Jones, 1850; Obadiah Dunham, 1854; E. J. Jones, 1858; S. W. Smith, 1868; R. B. Wells, 1870; John Felton, 1878; James R. Drapier, 1882; Edward C. O’Neill, 1890; Edmund L. Wilson, 1894; Charles F. Pierce, 1902; Gustaf E. Bornholt, 1910; Roscoe C. Jones, 1918; Mae R. Lunden, 1926.
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Process issued out of each court was served by and attended by a sheriff elected by the people. The sheriffs serving and attending upon the Probate, Common Pleas and Circuit Courts of Porter County, and the year of election are as follows: Benjamin Saylor, appointed by Governor Noble, 1836; George Cline, 1836; Charles G. Merrick, 1838; John
W. Wright, 1843; Moses Trim, 1844; Richard W. Jones, 1846; Vincent Thomas, 1850; Thomas G. Lytle, 1852; Thomas B. Cole, 1856; Stephen L. Bartholomew, 1860; Henry Binnamon, 1864; Robert Jones, 1872; James Malone, 1876; Charles W. Dickover, 1880; Elias N. Thomas, 1884; Sheldon P. Herrick, 1888; Joseph Sego, 1890; Heber Stoddard, 1892; Charles F. Green, 1896; Charles F. LaCount, 1900; Lewis M. Green, 1904; Clayton A. Wood, 1908; W. S. Lindell, 1912; William B. Forney, 1916; William S. Pennington, 1920; William B. Forney, 1924-1926.
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The character of the litigation and the growth of business called for an official shorthand reporter and the court has been served at different times of late years by Stephen P. Corboy, Maurice McKinsey and Clarence H. Schneider, who is now acting. The Porter County Superior Court has been served by an official reporter since its creation in 1893. Among those who have filled the position are William Daly; E. L. Shortridge; and Walter P. Herrold who is now acting. When Porter County was organized and the Ninth Judicial District was established, the district was composed of eight counties and the time for holding court was limited and fixed by law in each county. The judge traveled on horseback from county seat to county seat and with him traveled in the same way the leading lawyers of the district.
Among the traveling lawyers of that day that visited Porter County, and practiced their profession in. Porter County courts were Joseph L. Jernegan, John B. Niles, Robert Merrifield, W. C. Hanna, Joseph W. Chapman, John H. Bradley, and James Bradley. During the ninety years since Porter County was organized many brilliant and prominent men have practiced at the bar of Porter County courts and some of them have further distinguished themselves by rendering valuable and distinctive service in public positions. The first member of the legal profession who settled in Valparaiso was Josiah S. Masters, who came from the state of New York in 1838. His services as a lawyer not being in much demand at that early period he taught the first school in Portersville in a house located on the northwest corner of Mechanic and Morgan streets, being the first school teacher in Valparaiso.
Harlow S. Orton settled in Valparaiso in 1839 and was the most prominent attorney of his time. He removed to Madison, Wisconsin, where he became the dean of the Law Department of Wisconsin University. Samuel I. Anthony was admitted to practice law in the courts of Porter County in 1839 and became a leading lawyer of Porter County and served in both branches of the Legislature of Indiana. George W. Turner, who had been serving as clerk of the court, began the practice of law about 1836. A little later came M. M. Fassett and still later came John W. Murphy. M. L. DeMott and T. J. Merrifield were practicing the profession of law in 1855. C. I. Thompson opened an office in 1859, was in practice for a few years and then left the city.
Most of the legal business in the courts before 1855 was done by lawyers in other cities, notably South Bend and LaPorte. As the town grew in population, the number of resident lawyers in Valparaiso increased and among those who practiced law from 1855 to the early 80’s were J. M. Howard, A. D. Bartholomew, Edgar D. Crumpacker, William Johnson, Thomas McLoughlin, John E. Cass, W. E. Pinney, Hiram A. and
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John H. Gillett, John W. Rose, J. Hanford Skinner, A. L. Jones, Frank P. Jones and Nelson J. Bozarth. The foregoing attorneys were men of high character, of profound learning and brought to the Porter County Bar a reputation equal to any other county in northwestern Indiana. The bar was gradually depleted and replenished from time to time, always ranking high for legal ability. The high standing of this bar attracted litigation from adjoining counties.
Numerous attorneys of this bar has “passed on,” leaving a noble heritage. Leading in this list of names is Edgar D. Crumpacker, judge of the Appellate Court in Indiana, and representative in United States Congress for sixteen years; Hiram A. Gillette and John H. Gillette, father and son, each a professor in the Valparaiso University Law School, and each a judge of the Porter Circuit Court; William Johnston, judge of the Porter County Circuit Court whose legal and business qualifications enabled him to render exceptional service; Alvin D. Bartholomew for more than sixty years a highly respected resident of Porter County and first judge of the Sixty-seventh Judicial District (Porter County); John E. Cass, first judge of the Lake, Porter and LaPorte Superior Court Thomas H. Herd, prosecuting attorney for the Thirty-first Judicial Circuit; William E. Pinney, for more than seventy years a resident of Porter County, who distinguished himself as a lawyer, philanthropist and agriculturist; and Frank B. Parks, who served as judge of the Valparaiso City Court.
The active members of the present bar of Porter County, Indiana, are men of strong character, extensive knowledge and are maintaining the highest standard of character and legal learning as established. In the biographical section of this work will be found extended reviews of numerous attorneys, whose individual achievements will not suffer in comparison with those who have passed on.
The present attorneys now in active practice according to the bar docket of the Porter County courts are as follows: E. W. Agar, P. J. Bailey, J. S. Bartholomew, Darius P. Blake, W. W. Bozarth, O. L. Crumpacker, John P. Crumpacker, William Daly, W. H. Dowdell, M. J. Drapier, J. Freund, A. C. Faulkner, T. P. Galvin, A. R. Hardesty, William M. Johnston, D. E. Kelly, Bruce B. Loring, O. M. Loomis, Mae R. London, R. Marine, E. G. Osborne, F. B. Parks, John McGuire, M. B. Rockwell, H. J. Schenck, Ira C. Tilton, D. B. Fickle, George C. Gregg, Charles W. Jensen, G. R. Williams, Clarence Wood, Edward Ryan.
The following are the court officials for Porter County Circuit Court: Grant Crumpacker, Judge; E. M. Burns, Bailiff; W. W. Bozarthe, Prosecutor; Clarence Schneider, Reporter; R. C. Jones, Clerk; Mae R. London, Deputy Clerk; William B. Forney, Sheriff; Burney Maxwell, Deputy Sheriff; A. O. Dobbins, Coroner.
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THE BENCH AND BAR OF LAPORTE COUNTY.
By HARRY B. TUTHILL, of the Michigan City bar,
Former Judge of the Superior Court of LaPorte, Lake and Porter Counties.
Perhaps a brief account of Indiana’s courts, while under territorial government before its admission in 1816, may be of interest.
Prior to September 16, 1781, title to that part of the territory northwest of the River Ohio was vested in the Commonwealth of Virginia; Congress on that day recommended this land (with other lands belonging to various states) be ceded to the Federal Government, which was done by the Virginia Act of December 20, 1783.
By ordinance of July 13, 1787, Congress ordered that this territory be divided into “not less than three nor more than five states, and as soon as Virginia shall alter, her act of cession and consent to the same shall be fixed and established as follows.” By this division the western state comprised what is now Illinois, Wisconsin, and that part of Minnesota east of a line extending from the Mississippi to the Lake of the Woods; the middle state included what is now Indiana and Michigan; the eastern state is now the State of Ohio. It will be observed that territory which comprised the western states and the middle state was subsequently again divided, and that the eastern state remained without division. Virginia’s act of consent and cession was passed December 20, 1788. A perusal of these old acts is well worth while.
For temporary purposes, however, the same ordinances provided that this whole territory be governed as a unit, and that actual division should take place at a later date; a governor was therefore appointed “who shall reside in the district, and have a freehold estate therein in one thousand acres of land while in the exercise of his office;” further, “There shall be appointed a court to consist of three judges, any two of whom to form a court, who shall have common law jurisdiction, reside in the district, and each have therein a freehold estate of five hundred acres of land.”
The governor and judges, or a majority of them, were empowered to adopt and publish in the district, such laws of the original states, both criminal and civil, as might be best suited to the circumstances thereof, and reporting them to Congress, “these laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved by Congress; but afterwards, the legislature may alter them as they shall think fit.” While a general assembly for this district was created in 1790, the governor and judges continued to legislate for several years; in January, 1801, General William Henry Harrison, then governor, with Henry Vander Burgh, William Clarke and John Griffin as judges, enacted a law adopted from the Pennsylvania code, wherein was estab-
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lished a court styled “The General Quarter-Sessions” for the trial of cases, with a quasi code for its guidance. In 1804 the same body in its legislative capacity enacted a law to regulate the practice of the “General Court” upon appeals and writs of error. Legislation by the governor and judges continued until the close of 1804.
In time the courts so created came to be known as the “General Court” by which name they were frequently mentioned in the earlier statutes of this commonweath. Subsequently the legislature which held its sessions at the Borough of St. Vincennes, and consisted of a council and house of representatives, assumed control of that branch of government in Indiana Territory. It is indeed regrettable that most of the territorial statutes and court records have been lost; however reprints of parts thereof can even now be discovered if one searches therefor in the places where they are to be found.
The Constitution of Indiana (Article V, 1) ordained that, “ * * * the judiciary power of this state both as to matters of law and equity, shall be vested in one supreme court, in circuit courts and in such other inferior courts as the general assembly may from time to time direct and establish.” The supreme and appellate courts both courts of review, perhaps are not a vital part of this subject. However, the people of LaPorte County are pleased to remember they have been twice honored in the Supreme Court, Honorable Andrew Osborn occupied that bench from 1872 until 1875; and Honorable Julius C. Travis became one of the judges of that court in 1921 and still sits.
The circuit court of the old constitution having been ordained to “consist” of a president and two associates, change could only be brought about by amendment of that document. Therefore that court so continued until the new constitution of 1851. Constitution 1816, Article V, Sec. 3, ordains, “The circuit court shall 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. * * * The president alone, in the absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold court, as also the two associate judges in the absence of the president, shall be competent to hold court, except in capital cases and cases in chancery.” By the same article the general assembly was empowered to increase the number of circuits as exigencies may require. “The term of all judges of supreme, circuit and inferior courts shall be seven years, * * * if they shall so long behave well.”
Sec. 7, “The judges of the supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit court shall be appointed on joint ballot of both branches of the general assembly; and the associate judges * * * shall be
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elected by the qualified electors in the respective counties.” The Constitution then and there created was promulgated June 29, 1816. The first General Assembly as ordered by the Constitution convened at Corydon on the first Monday of November, 1816. Thereafter it was ordered to convene annually on the first Monday of December.
The Act of December 24, 1816 (R. S. 1818, p. 15), following the Constitution, enacted that court shall be held in all of the counties “each and every year,” provided that they shall be courts of record, and divided the state into three circuits; seven counties in the first circuit, five counties in the second circuit and a like number in the third circuit; there were seventeen organized circuit courts in Indiana at this period; the most northerly of which was Wayne County, and the places for holding court were left to be fixed at a later date. The salary of the president judge as ordained by the Constitution of 1816 (Article XL, 1. 16) was, “The following officers of government shall not be allowed greater annual salaries until the year eighten hundred and nineteen, then as follows: “ * * * the president of the circuit courts, eighteen hundred dollars each; * * *” Afterwards the salary of these presidents as fixed by statute (R. X. 1831, p. 138-142) was seven hundred dollars per year.
Each court consisted of a president and two associates, to be elected and qualified as thereafter provided by law. These courts were created of general jurisdiction, both civil and criminal, including matters arising in chancery; all under the course of the common law and the usages of courts not inconsistent with the laws of the state and the constitution thereof. Judges were made conservators of the peace. The terms of court were fixed at from three to twelve days each, “if the business before them shall require it.” The act further provides there shall be no discontinuance of any cause by reason of the failure of a quorum of judges to attend; “if no quorum is present for two whole days the court shall adjourn until in course.”
And the following were some of the penalties meted out to offenders in the early days (Act Jan. 29, 1818, R. S. 1818, p. 75) : Burglary, not exceeding 39 stripes well laid on bare back; robbery, not exceeding 100 stripes well laid on bare back; forgery, not exceeding 100 stripes well laid on bare back; larceny, not exceeding 39 stripes well laid on bare back; perjury, hot exceeding 100 stripes well laid on bare back. And after a visit to the “thrashing-floor” came a visit to the state prison for major offenses, and to the jail for minor offenses. Passing counterfeit bank bills, not exceeding 39 stripes; bringing a deck or decks of cards into the state, fine not exceeding $3.00.
By the Act of January 28, 1818, the state was divided into four circuits; there were then twenty-seven counties and the terms in some of the counties, Monroe, for instance, were fixed at two days of court with four
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terms each year. It must be remembered that modes of travel were not then modern, time must be consumed into traveling from one county to another by the then slow and tedious modes in vogue.
By the Act of January 29, 1818 (R. S. 1818, p. 133) the associate judges of respective counties were created a probate court, with general jurisdiction; and many enactments of this old probate law are still in force, and to be found in our last revision of Indiana’s statutes. Freedom of religion was then, as now, considered to be a bulwark of civil liberty, and section fourteen of this enactment provides that no minor shall without his or her consent be under guardianship or apprenticed to one of different “religion persuasions” to that of the child’s parents at the time of their death.
A review of Indiana’s courts of records so far indeed, as they have affected LaPorte County, require that something be said of the old probate court, and the more modern court of common pleas. These courts had their birth, so far as Indiana is concerned, on August 30, 1788, and were established by the second law passed by the governor and judges, and so continued to function until December 31, 1813, when their powers were absorbed by the new circuit courts formed on that day.
No more was heard of the probate court save the Act of 1818 above mentioned, until 1829 (Acts 1829, p. 33) when one was created to sit in each county of the state. The act is a code of probate practice and while the court was of limited jurisdiction it was empowered to probate wills, administer estates and guardianship both of minors and the insane, perform marriage ceremonies, and also to sit as a court in chancery concerning matters pending in estates, and enforce all lawful orders. But soon thereafter the local law fiend began his operations. The court was abolished by the revision of 1852 but not however until by legislative sanction powers possessed in one county were different and often antagonistic to those possessed in any other county of the state, nor again until the judge might not have knowledge from day to day of his own powers during any one of the annual sessions of our general assembly.
Indiana was without a common pleas from 1813 until February 18, 1848 (Acts 1848, p. 32), when one was created for Tippecanoe County, and in 1849 (Acts 1849, p. 46) such court was established in Marion County. In 1852 (R. S. 1852, p. 16) the State of Indiana was divided into forty-four districts, and a common pleas was established in each one of them with original and exclusive jurisdiction of probate and guardianships, including insane persons. In civil matters this court was given concurrent jurisdiction with the circuit court in actions against heirs, devisees, sureties of executors, administrators and guardians; in partition of real estate; in assignment of dower, and the appointment of commissioner to execute deed on title bond of a decedent; in all other civil
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cases except slander, libel, breach of marriage contract, and in actions of the official bond of a state or county officer, when the amount involved did not exceed $1,000.00, and concurrent jurisdiction with a justice of the peace where the sum due or demanded was less than $50.00; also on judgments confessed or in cases commenced without process, by consent of parties entered of record, or filed in the clerk’s office this court was given jurisdiction to exceed $1,000. An appeal lay in all cases either to the circuit or supreme court, at the option of appellant.
The court also possessed original jurisdiction of all offenses less than felony, with the exception of those over which justice had exclusive jurisdiction; and too it was given original jurisdiction of felonies less than capital upon voluntary submission to its jurisdiction by defendant, and was granted full power to assume jurisdiction of all felonies on change of venue from the circuit, and that too without the intervention of a grand jury. The judge of this court had authority to grant restraining orders, injunctions and writs of ne exeat in vacation of the circuit court, in relation to any matter pending in the latter court, and at all times to exercise such powers in relation to matters pending in his own or an inferior court as necessities required; it had the power of habeas corpus, to fix bail, etc. It was created a court of record, and its judgments were a lien on land. The sheriff and clerk of the circuit court were officers of this court, entitled to the same compensation in both courts. It sat at the courthouse four terms each year, beginning the first Monday of January, and every third Monday thereafter; provided, however, if the circuit court was in session its terms began on the Monday following that court’s adjournment.
The duration of its term was regulated by the population of respective counties; and where two or more counties formed a district the court each year convened first in the county of largest population, which was regulated by the last preceding census. The judge was authorized to solemnize marriages; he might practice in any court other than his own; his salary varied in amount from $300 per year in counties of less than 5,000 population, to $800 per year in counties of 18,000 or more population; the term of office was four years. This court was finally abolished and its duties transferred to the circuit court on March 6, 1873, after a continuous existence of about twenty years.
The judges of the Circuit Court of LaPorte County have been, Gustave Evarts, 1832-1836; Samuel C. Sample, 1836-1843; John B. Niles, 1843-1845; Ebenezer B. Chamberlain, 1845-1852; since the new constitution the elected judge takes office as soon as he has been elected and has qualified by taking the oath of office in November; Robert Lowrey, 1852; Thomas S. Stanfield appears to have sat as regular judge 1852-1856; A. G. Deavitt as regular judge at the March term, 1857, appointed Judge
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Stanfield as special judge, who sat during that term; at the September term, 1857, Judge Deavitt is recorded as being, ill and unable to perform his duties. Judge A. L. Osborn sat as regular judge at the March term, 1858, and so continued until 1870; Thomas Stanfield, 1870-1876; Daniel Noyes, 1876-1894; Lucius Hubbard, 1894-1897; William B. Biddle, 1897-1898; John C. Richter, 1898-1910; James F. Gallaher, 1910-1922; John C. Richter, 1922-, and still continues to sit as regular judge.
The Superior Court of LaPorte County to sit at the City of Michigan City was created a court of limited jurisdiction by the General Assembly in 1895; its jurisdiction was enlarged in 1897, and it was created a court to possess jurisdiction coordinate with the circuit court in 1897. Its judges who take office January 1st, have been, John C. Cass, 1895-1896; Harry B. Tuthill, 1897-1914; Harry L. Crumpacker, 1915, and still continues to sit as regular judge.
While the office of prosecuting attorney appears to have been recognized before this time, by Act of January 30, 1824 (R. S. 1824, p. 124), he was appointed by the circuit court, one prosecutor for each county; and by section 10 of the same law it was enacted that on and after the 2d Monday of the following August the governor shall appoint a prosecutor for each circuit; his bond to the state was fixed in the sum of and his salary was $250 per year. By the Act of January. 30, 1826, while the bond was not lowered in amount, the salary was reduced to $200 per year; but as a solace to his injured feeling, an allowance of $2.50 was allowed on pleas of guilty to a presentment or indictment, provided always that defendant paid the amount. (Acts 1826, p. 58.) The prosecutor of the Fifth Circuit was allowed $50 additional per annum for attending pleas of the state in the Supreme Court. By the enactment January 30, 1831 (Acts 1831, p. 88) the prosecuting attorney was chosen on
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joint ballot of the senate and house of representatives. His salary was fixed at $150 per year, except in the Fifth Circuit, in which his salary was $200 by reason he was required to prosecute the pleas of the state as above mentioned. The office appears to have first been made constitutional in 1852 (Article VII, Sec. XI) and his election by the people provided for.
The first law controlling admissions to the bar appears to have been enacted January 22, 1918 (Revisions 1818-1824, page 332) and is as follows: “That no person shall be permitted to practice as an attorney or counsellor at law, either by using his own name or that of another, without having obtained a license from two of the judges of the Supreme Court, or from two circuit judges, agreeably to the laws of this state. Nor in addition until he has obtained a certificate of the court of some county of his good moral character.” It was also the duty of the clerk of the Supreme Court to make and keep a roll, on good paper, stating that the persons whose names are hereon written have been regularly licensed and admitted to practice (probably here is when and where the term “licensd attorney” originated), and that they have duly taken oath to support the Constitution of this United States, and such oaths as may be or are required by law; the oath of office as prescribed by law was endorsed and certified on the license issued, and no person whose name was not. endorsed and certified on said license with the day and year when the same was subscribed on the roll, would be suffered to practice law within this state. No person who holds a commission as judge of the Supreme, Circuit or other courts of Indiana, nor any person who is a justice of the peace, sheriff, coroner, deputy sheriff, jailor or constable, shall be admitted; nor shall a clerk practice law in the court of which he is clerk. All attorneys were required before admission to take and subscribe the ordinary oath. Any attorney regularly admitted to-practice in courts of record within the United States, upon a showing of good moral character, may be admitted to an examination for the degree of attorney in this state. This act however does not exclude parties from the right to appear as their attorneys, in cases in which they are either plaintiff or defendant; nor does it apply to persons who were attorneys “according to the rules of the former general court.”
In the early days it was not so easy for the ignorant and incompetent to practice law in Indiana, as continuously since to-wit the 10th day of February, 1851, has been true. For the present Constitution of Indiana ordained (Constitution of 1851, commonly called that of 1852) Article VII, Section 21, “Every person of good moral character being a voter, shall be entitled to practice law in all courts of justice.” Under this clause of our Constitution any one — good or bad — could, and did, swear that the most incompetent rascal who had been able to keep out of state prison, was of good moral character, and, being a voter, into the practice he was
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ushered. For many years, yea even now, Indiana has been and is a byword and the laughing stock of every civilized country on this globe. The people of England, Scotland, France, Germany, Italy, and doubtless many head-hunters of the southern seas know of this clause in our Constitution. For seventy-five years the self respecting lawyers have endeavored to remove and obliterate this great calamity, but the voters of Indiana have been too busy plowing corn, selling calico, or whittling dry-goods boxes, to vote for Constitutional amendments. The people of Indiana are themselves to blame for this nefarious clause; it was not placed in the Constitution of 1851 by lawyers, but by members of the convention who wore Kentucky jeans and woolen socks.
If within a period of time not long in the future, hordes of strangers from lands across the sea, or from beyond the farther mountains, should enter this fair land of ours, kill the people, sack and burn their cities, lay whole areas desolate, as did the Goths under a scion of the House of Baltha; as did the Vandals under Genseric; as did the Mongols under Jenghiz Khan, as did the Spaniards and the English in more recent times; it need not be inquired what history would say of such conduct. Perhaps no period of one thousand years has elapsed since history, as we know it, has been written but what just that has been done; and just that course of conduct was bestowed upon the redman. The only diplomat, court or individual, who ever has or now contends these lands did not belong to the redman, is not only a partisan, but foresworn, and so contended and decided because he, for his people wanted something, the property of another, without the payment of compensation therefor. And this supreme act of vandalism was finished and concluded in 1837 when these people were ruthlessly torn from their homes, and driven to the then desolate territory beyond the Father of Waters. Let it be hoped some distant generation will not be forced to atone for the sins of their ancestors.
Perhaps the first white man to traverse LaPorte County, so far as either reliable or unreliable history or tradition discloses, was Joseph Bailley, who settled near what is now Bailleytown in Porter County, Indiana. He was not only a fur-trader, but a settler as well; there he built a home and there several generations of his descendants continued to dwell. Afterwards Virginians! Carolinans and perhaps others who followed the trails blazed by Col. Daniel Boone (1769-1795), Meriwether Lewis, and afterwards by Meriwether Lewis and George Rodgers Clarke (1803-6) and who entered this territory by way of Kentucky or southern Ohio and so entering settled along the north banks of the river Ohio (this river is so mentioned in the act ceding the territory to the Federal Government December 20, 1783, and the deed to this United States was by the power contained in said act executed by Thomas Jefferson, Samuel Hardy, Arthur Lee and James Monroe); later still when the nineteenth century
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was twenty or thirty years advanced, people from the north Atlantic states began to make new homes for themselves in what is now LaPorte County. The widow Benedict with four sons and two daughters reached this county on March 15, 1829, and erected a log cabin on Section 21, about 100 rods northwest of the present town of Westville. In the month of October, 1831, General Wilson, Doctor Todd, Major Walker, James and A. P. Andrew, purchased 400 acres of “Michigan Road lands,” the present site of LaPorte; Major Isaac C. Elston evidently purchased land at the same sale upon which he soon afterwards laid out the city of Michigan City. (The Historical Atlas of Indiana, 1876.) There is abundant tradition of an acrimonious conflict between these two factions for the county seat, which must have been fought out and settled in the General Assembly, for the public records of LaPorte County make no mention else than of peace and harmony.
By act approved January 9, 1832 (Acts 1832, page 9) it was declared, “That from and after the first day of April next all that tract of country included in the following boundaries shall form and constitute a new county to be known and designated by the name and style of LaPorte County, to-wit: Beginning at the state line, which divides the State of Indiana and Michigan territory, and at the northwest corner of Township No. 38, North of Range No. 4 West of the Second Principal Meridian: thence running east with said state line to the center of Range No. 1, west of said Meridian; thence south twenty-two miles; thence west parallel with the said state line twenty-one miles; thence north to place of beginning.” Commissioners were appointed to locate the county seat — Section 4, “The Circuit Court and board doing county business, when elected * * * shall hold their sessions as near the center of the county, as a convenient place can be had, until the public buildings shall have been erected.” It is interesting to note under this description that the original south line of LaPorte County was the approximate south line of the present Johnson Township; that the north line of LaPorte County extends westwardly into Lake Michigan fully five and one-half miles where it intersects the west line of the county, which west line extends northwardly into the Lake a distance of three miles where the two lines form a right angle.
When Starke County was organized in 1839 (Acts 1839, page 70) the right line was declared to be that one dividing Township 34 and 35, thus confirming the south line of Johnson Township. However, in 1842 (Acts 1842, page 152) the Legislature passed an innocent little law of five whole lines — “That all that part of Stark County, which lies north of the Kankakee River, be and the same is attached permanently to the county of LaPorte,” and added “This act to be in force from and after its passage.”
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There is a well defined tradition that Stark County did not discover its loss until after the General Assembly adjourned for the term. And then what the people of that county said — Ah, well, that is now ancient history.
The legislative enactments of January 20th, and 28th, 1830 (Acts 1830, p. 42), created the counties of Vermillion, Parke, Montgomery, Fountain, Warren, Tippecanoe, Carroll, Cass and St. Joseph into the first circuit, with two terms of court each year, the circuit terms beginning the first Mondays of March and September; the counties of Warren, Carroll and St. Joseph were allowed three days of court each term; the county of Clinton was created by the General Assembly on the following day (Acts 1830, p. 33), and attached to this circuit. By the enactment February 3, 1832 (Acts 1832, p. 242) LaPorte County was also attached to the first circuit, and its court was ordered to sit in the county, at such places (not place) as the commissioners provided; the terms shall begin on Thursday succeeding the courts in St. Joseph, and if necessary the commissioners may hold a special session for the purpose of fixing the place for holding court. The idea may be indulged the intention of the lawmaking body was that the court in LaPorte County after the close of court in St. Joseph, might use whatever of the remaining three days of the same week sufficient and necessary to “dispense with justice.” This circuit as thus composed of eleven counties was in length north and south, to-wit, 180 miles and in width about sixty miles and it is perhaps fair to assume the several counties claimed jurisdiction, at least for governmental purposes, over all unorganized territory within the boundary, for there is in the laws provision that all areas west of it to the Illinois line shall be under the jurisdiction of the LaPorte County.
However, before court was organized in LaPorte County, by act approved January 7, 1833 (Acts 1833, p. 4) the courts were again remodeled by the creation of eight circuits; indeed the adjustment was a basic one, for the new first circuit was composed of counties bordering on the river Ohio, and the eighth circuit included the counties of Carroll, Cass, Miami, Wabash, Huntington, Allen, Lagrange, Elkhart, St. Joseph, LaPorte, ten counties. By enactment on the following day the General Assembly partitioned the state into seven congressional districts (Acts 1833, p. 3) and an examination of these two laws discloses the fact that the above counties were all of the organized ones in the north third portion of the state. The eighth circuit in length was from the south line of Carroll to the north state line and from the Ohio line on the east to the Illinois line on the west. By this enactment the circuit courts were allowed to sit one week in each county, if the business thereof required it, except that in Allen and Elkhart the time was fixed at two weeks if the business required it. By
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the acts of 1839 (page 98) LaPorte County was transferred to the newly created ninth circuit composed of eight counties, and court was permitted to sit “as long as the business may require it,” with two terms each year.
The first term of Circuit Court in LaPorte County was in the November term, 1832, and convened on the 10th day of June, 1833. It is recited in O. B. A., p. 1, “At a term of the LaPorte Circuit Court begun and holden within the house of John Redding in the town of LaPorte and State of Indiana, being a convenient place near the center of said county as can be had, on Monday the 10th day of June, 1833. Present the Hon. Gustavus A. Everts, president judge of the eighth judicial circuit of the State of Indiana, and Jacob Miller and Judah Learning, esquires, associate judges of said LaPorte Circuit Court, George Thomas, Clerk, Adam G. Polke, sheriff of said county. Judge Everts produced to the court his commission as president judge of the eighth judicial circuit of the State of Indiana, bearing the signatures of the governor of the State of Indiana and the secretary of state and under the seal of the State.” On motion of C. H. Green, Esq., Samuel C. Sample, Martin M. Ray, Jonathan A. Livton, David H. Colerick, John B. Chapman, Albert L. White, William O. Ross, Hugh McCullock, Esqrs., were admitted to practice as attorneys and counsellors at law at the bar of this court and were sworn as such. The first case disposed of was that of Jacob Coleman, Appellee, vs. Hugh M. Girens, Appellant. Debt on appeal, appellant not being present, he was thrice called and required to prosecute his appeal, comes not but herein makes default. Judgment is rendered against him for $62.68 debt and $1.50 in damages for the detention thereof from the 23rd day of January, 1833, until this day and $6.26 being 10 per cent of judgment rendered by justice, making the sum of $70.44 with costs.
Court again convened at 8 o’clock the following morning. The cases tried in the term of two days were eleven in number, for debt on appeal, replevin, indictment for affray, assault and battery, assumpsit, trespass on appeal and attachment; and one Peter White applied for naturalization papers which were granted. The order book of the first day’s session is signed “G. A. Everts;” that of the second day’s proceedings “Judah Learning, Jacob Miller.”
The second term of court convened on Monday, December 16th, at the house of William O. Ross “as near the center of county as can be had.” On the first day John B. Niles was admitted to practice on motion of Samuel C. Sample; Ihomas Beard, John S. Lacy, William Hawkins and Henry Cooper were also admitted. John B. Chipman appeared as prosecuting attorney. James T. Silver appears as witness in answer to subpoena aiid on order of court he was allowed the sum of $16.00, $1.00 for each of sixteen days, for coming from and returning to his home in Dearborn County, to be taxed as costs in the case Elizabeth Silver vs. John Gurner.
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The next, or April, 1834, term of court was held at the house of Calvin Lilly, also a convenient place and “near the center of the county as could be had.” John S. Lacy was again admitted to practice, Henry Chase and Joseph L. Jernegen were also admitted. The October Term, 1834, was held at the house of Noah Newell as near the county’s center, etc., David Evans sat as associate judge. Beginning with the April Term, 1835, court has been held in the courthouse at LaPorte. Gustavus Evarts sat as president until the April Term, 1836, of this court adjourned. Samuel S. Sample presided at the October Term, 1836, with Clinton Foster as associate, and continued so to preside until the close of the April Term, 1843 (E-232). John B. Niles was president from the September Term, 1843, until E. M. Chamberlain assumed the bench at the March Term, 1845 (E-330).
No record is present that the associate judges were ever chosen from the ranks of the legal profession, indeed the compensation of two dollars for each day actually in service would scarcely be a temptation as the length of each term was short, and furthermore under the statute an associate was prohibited from practicing law. The presence of these officers on the bench appears to have been intended as a check or balance perhaps in equity, for a jury in cases at law has been demandable continuously since the days of Magna Charta Libertatum in England, and from the first advent of the white man in what is now embraced within this Union of States.
There are many stories of the olden times about these associates. Some individuals who claimed to know, have declared that they sat in their places either awake or fast asleep, it mattered little, for they were never consulted by the president; he alone ruled on offered evidence, instructed the jury, and in court cases decided the issue without consultation with them; that in the absence of the president, bedlam was let loose, as the average lawyer possessed little more respect for them than did the president judge. Being residents, however, in the county in which they sat, both were always present at the opening of court and also throughout the sessions with power to overrule the president, no matter how sound his judgment might be, jealousies arose, bickerings resulted, and gradually each branch of this important arm of government came to treat the other branch as contemptuously as it was permissible to do.
Too, they were clothed by statute, with authority to transact business in the absence of the president, and if that officer had not arrived when court opened at the hour of eight o’clock, the associates proceeded in his absence; if his horse was floundering in the Kankakee or other swamps; if he was compelled to linger on the banks of the Wabash, Tippecanoe or other streams by reason of flood; if he was snowed in among the defiles of the mountains in southern Indiana, while sorry, the conscience of the average associate would not permit that the wheels of justice should cease,
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even momentarily to turn round and round, for justice must be “dispensed with” speedily and without delay. There are, however, instances of record in which the associates dissented from the judgment of the president, and dissenting, being a majority, their ideas prevailed over the strong protest of the president, judgment was entered accordingly and was afterwards affirmed by the Supreme Court.
It is related that upon one occasion an important case had been set for trial on the first day of term; the president judge departed from Fort Wayne after the close of court the evening before and therefore was unavoidably absent. Both of the associates were present, however; twelve good men and true were lined up against the wall impatient for proceedings to begin, for in the ancient days laymen did not shirk jury duty as often as so many now do. The associates were really anxious to proceed, being further animated by reason a goodly number of the county’s voters were present; with all of this tide welling up to engulf him, the lawyer who desired a postponement entered into an elaborate and exhaustive argument in favor of delay, hoping thereby to consume time until the president might arrive.
After having argued the whole forenoon, and in doing so exhausted every possible reason, he accidentally made use of the term “Incorporeal Hereditaments” to be immediately hailed by an associate with demand as to the meaning of this new and strange term. While it is doubtful if the lawyer himself possessed definite knowledge of its true meaning, with ready wit he replied, “It is a species of usufruct, although not the only thing which goes to make up a usufruct.” Thus enlightening the court he proceeded with his plea for postponement. The court, however, refused to be satisfied and questioning him further obtained the additional information which in the language of the lawyer was, “Your honor, the distinction is this, I have said a usufruct is also a hereditament or a species of hereditament, that is true. If a cestui que trust has a usufruct, that is one species of heritament, but there are also several other species of hereditaments. The cesqui qui trust in the instance I have mentioned would have an incorporeal hereditament which is the situation in this case.” The president judge arrived about half-past four o’clock of the second day of court, and ascended the bench in time to open court before the two full days had elapsed when court under the law must adjourn until court in course. The jury was examined, passed and sworn; the evidence and arguments were heard; the jury retired for deliberation at 11:30 p. m. of the same day, to bring in a verdict for the usufruct lawyer at four o’clock the following morning.
The president usually came from a distant part of the state, large areas of unorganized territory separated his home from the place where he held court. He was stranger perhaps to all inhabitants of his circuit
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save those of his own county. The presence by his side of two men who occupied positions of trust and confidence by their own franchise could not otherwise than forcibly remind the people that justice would be administered to all impartially. Large numbers there were who for years before their county was organized had lived under little or no lawful restraint; they had been, it might be declared, a law unto themselves, and while this is true, they had lived moderate lives; and it may be wondered that they were as law abiding as their records disclose. The associate carried to the bench feelings akin to reverence for his position, and consequent increased respect for himself. He had taken oath to treat fairly and judge impartially all men, and the taking of such an oath is a most solemn act. The presence of these associates fortified in all respect for the judgments of the court. And that the system was a success has generally become an accepted fact. There were, indeed, conflicts on the bench, and also in consultation; nevertheless barring some unpleasant incidents the experiment has more for good than for condemnation in its record.
Politics and policies sometimes unconsciously accomplish much good in state conventions both within and without the State of Indiana. Such convention convened at Indianapolis in the spring of 1894. In that convention was perhaps a larger array of candidates, big and little, old and young, than ever was the fact before or since. Among others was a candidate for state geologist who hailed from far off Terre Haute. His beauty would nominate him — never; his location did nominate him, location coupled with the further fact there was no other candidate from all of that part of the state. No matter if this man was without experience and supposedly entirely incompetent, location must control, the ticket must be balanced as regards geography. The politicians, or rather statesmen in control, knew and hence agreed that his nomination would not be popular, for no one could call to mind that he had ever in the whole of his young and uneventful life done aught which redounded to the financial good of any wire-puller. Again there was serious doubt whether he could pay the campaign assessment of large proportions which would be levied against him; so location won to the grief of every member of the cohort in control.
While this man did nothing for the bosses and pseudo statesman, the work he accomplished for the people of Indiana will survive a thousand years after the names of every other successful candidate and every wirepuller politician has been eroded from their tombstones. This man listed the birds, ancestors of which sang sweetly to the lonely president judge as he rode the long ranges of his circuit; he named and classified the wild animals, habitat in Indiana; he traced the course of stream banks as they were before the white man came, meandered the swamps and marshes, and in short recorded in book form the geological and natural history of
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the state, and so continued until the politicians concluded the consumption of that small part of Indiana’s public funds would make a better showing if used for perpetuating party power than in educating the people regarding what this Great State possesses. Almost wholly by the aid of this man we now know the routes taken by the president judges from county seat to county seat, the rivers they must cross, the swamps they must wade, the higher lands they could not penetrate by reason of dense forests.
The railroad corporation had not as yet begun to cut up farms and refuse to construct a fence not along one side of the right of way, but on both sides as well. The years were lean for the railroads for a long period and they were hence compelled to line their rights of way with lawyers and not with stake and rider fences. The modern business corporation was almost wholly unknown in rural communities, and these intangible beings had never been observed by the people generally, nor by many associates and lawyers. The first president judge who ever carried news to LaPorte County regarding what a railroad train was or even looked like informed his constituents that the train went so fast his coat tails flared out in a horizontal position instead of hanging perpendicularly down to his knees. Old texts remark that in the courts of Indiana pleadings were short and very loosely drawn, and as motions and demurrers were rarely if ever resorted to the issues were speedily settled. The trials too so far as concerned evidence and facts were disposed of quickly. The important preliminary of introducing evidence having thus been disposed of much to the satisfaction of both jurors and auditors, all now settled themselves on the white-wood benches as comfortably as it was possible to do, for that part of the trial which one-half of the county’s inhabitants walked ten or fifteen miles to enjoy was about to begin. Counsel for the plaintiff, of course, opened the case; counsel for defendant made his argument and counsel for plaintiff closed. It was a battle of wit and oratory, for nearly every lawyer who rode the circuit was an orator both by birth and also by constant training and practice. Their arguments were the most exciting events in the life of every county; new ideas, new blood was poured into the very being of every listener; in those arguments were the components of a liberal education.
While traveling the circuit these itinerant lawyers absorbed vast amounts of useful information on every possible subject. The gossip of one county was broadcast over every other county. Information was interjected regarding the evolution of plants, the rotation of crops, of seedtime and harvest, the habits of birds and animals both domestic and wild; the conservation of labor, and not a little of political, social and domestic science. Replete were these arguments with quotations from the Bible; from the Declaration of Independence; from the Constitutions, both Fed-
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eral and State; regarding the customs, usages and laws of older states and other territories. The sublime conceptions of Milton; the rare beauties of Shakespeare; the instructive philosophy of Kant; the keen ridicule of Rabelais; all these and more. The then known world was their theme, the people of each particular county their auditors. Everything was fair in that war, and the lawyer who could not and did not come smiling to the fray, entered it a half defeated advocate.
And these lawyers were thinkers, too — for they were obliged to tear down and also construct a newer and better edifice for that which had been demolished. Chitty’s pleading, Blackstone’s commentaries, and the Session Laws composed their libraries; decisions of the courts of last resort and other precedents were wholly wanting; consequently the old circuit riders must solve problems sometimes intricate indeed purely by the powers of logic and the soothing tones of oratory. And withal there are few instances in which wrong was suffered or justice went whipped. The litigant who left the court room a defeated man usually deserved it.
Pages might be written incidental to the practice of law in Michigan City in the olden time. Court opened in LaPorte exactly at nine o’clock in the morning. History does not record an instance while a certain judge adorned the bench when it convened one minute after that hour. Motions, demurrers and other pleadings might not be mailed to the clerk for filing. The presiding judge allowed no such practice. It was his rule, and often expressed most vigorously from the bench, “No lawyer shall be permitted to practice in my court by proxy.” It was therefore necessary for us to rise early in the morning, arrive at the old round house on North Franklin Street at 5:30 A. M., ride the engine into the “Pewee Yards” near the “peanut bridge,” where a train stood ready to travel southeastwardly through Indiana scheduled to arrive in Peru ninety miles away at 6 P. M. This train stopped for passengers and work at “Roeske’s,” “White’s,” “Webber’s” and two other places before reaching the present Pere Marquette crossing.
In those days there were five lakes west and northwest of LaPorte and on the banks of each were one, two or three ice-houses to which switches ran from the main tracks. It was the duty both summer and winter for the engine and crew of this train to “spot empties” and remove “loads” at each of these ice-houses; wherefore the lawyer passenger must walk between one and three miles from where he left the train to the court house for the opening session. The fees now charged by Michigan City lawyers are perhaps four times greater than were charged for the same services then. Nevertheless lawyers in those days were in possession of the fundamental requirements of all lawyers — three meals each day and a place to sleep, with a new suit of clothes perhaps as often as once every three years. However lawyers’ fees are not the only necessities of
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life which have advanced in more recent times — rent of house $5.00, office $3.00 per month, pork chops eight cents per pound, Sunday-go-to-meeting suit of clothes $8.50, and the freight conductor could always carry a lawyer at a lower cost than the railroad company either would or could do. Small wonder that the company remained poor while the conductor waxed rich.
A most widely known lawyer of the early days who lived and practiced in LaPorte County was the Hon. John B. Niles. Of Puritan New England stock, after a boyhood on the farm, he graduated from Dartmouth in 1830. He read law in an office in New York City (and perhaps all or nearly all of the lawyers of his time did likewise), thereafter he traveled the entire distance, by way of Cincinnati and Chicago, from New York City to LaPorte on horseback. He was president judge of the old Eighth Circuit from 1843 to 1845. He was a member of the Constitutional Convention in 1850, and was state senator in 1864. He was professor for twelve years in a medical college at that time located in LaPorte. He was also attorney for the old Michigan Southern and Lake Shore Railroad Company (now the New York Central System) from the date of its construction until his death.
In 1849 the newly organized Michigan Central Company, having received its primary charter in Michigan, after constructing its system from Detroit westwardly to Kalamazoo in 1848, requested charter permission to build through Indiana from the Michigan to the Illinois line. It was he who put forward what would now appear to be a most astounding argument before our General Assembly, that there was already one railroad in Northern Indiana; additional ones would occupy land needed for agricultural purposes, ruin farms, obliterate ancient landmarks, disarrange plats in cities and towns, obstruct and close streets and highways, keep people awake nights, raise the taxes of our citizens generally and would not only be useless, but also an injury to all of our people. And, too, he convinced the solons of the truth of his contention for they utterly refused the Michigan Central’s prayer and ordered that they depart empty handed and without delay. (This illustration of Mr. Niles’ persuasive powers was related to the writer by Hon. Henry B. Wells, a friend and co-worker of John W. Brooks, James F. Joy and Colonel Berrien, who were respectively the incorporators and afterwards president, general counsel and chief engineer of the Michigan Central, and with whom for many years Mr. Wells was on terms of intimacy. And Mr. Wells added that Judge Niles believed every word he uttered in that argument. Mr. Niles rode the first circuit during the many years and was known throughout not only Northern Indiana but also the whole state and in adjoining and sister states as a scholarly lawyer, and an upright citizen and a Christian gentleman. He died in LaPorte Sunday afternoon, July 6, 1879.
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Different perhaps in many ways from Mr. Niles was Judge Andrew L. Osborn. But while different the dissimilarity was in the early training they respectively enjoyed. In his youth and early manhood Judge Osborn had been a tailor who followed that calling for several years in Michigan City. His little shop was in the second story of the old frame row of buildings on the west side of Franklin Street between Second and Michigan streets. Judge Osborn once mentioned this fact to the writer — and that was years ago — who has always deeply regretted he did not press for further and more concrete information, that while so engaged in mending and patching he studied Blackstone and Chitty — those great texts of which the modern lawyer knows so little; and as soon as he himself knew himself to be qualified to practice a learned profession, he journeyed to LaPorte, the county seat, and opened a law office. As Professor Tower used to say — “Just hold that up and look at it.” Judge Osborn analyzed his own mind, his capabilities, capacities and also his mental infirmities and short-comings, and so analyzing himself, determined that he was learned in the law. And his judgment was fully demonstrated very quickly, for the Michigan Central Railroad Company soon thereafter chose him as its counsel not only in Indiana, but also in Illinois, and until his death he had but one superior officer in the legal department of the company, namely general counsel of the system. Judge Osborn occupied a seat on our Supreme Court for a period in the decade between 1870 and 1880 and for two terms was circuit judge.
Let the point be stressed that these two men stand forth as admittedly the greatest lawyers who resided and practiced in this county between the promulgation of the Ordinance of Congress dated July 13, 1787, and the present time. One of them was a college graduate, a professor of medicine, a lawyer; the other one was a tailor — a lawyer. While it may be extremely easy to choose between two peas in a pod, it would be very difficult if not impossible to suggest which one of these two men was the more profound lawyer and the greater man. They were both perhaps equally great intellectually and good morally, and both were Christian gentlemen.
For the reason that all cannot be mentioned it is with hesitation that the following is penned.
LaPorte County between 50 and 40 years ago possessed a remarkably strong bar. Judge James Bradley had in youth been a surveyor. A close student of real estate law he knew land titles most thoroughly. Lovable, companionable, a friend to the novitiate. His son was John H. Bradley. In the month of February, 1900, the whole county was saddened by this man’s early death. John Bradley was a lawyer, sound as a dollar, and in character clean as a hound’s tooth. He had the makings of the great. His death was untimely and his friends mourned. Capt. Leonidas A.
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Cole had served his country faithfully in the War of the Rebellion as he served his clients afterwards. Always kind, courteous and obliging, true to his clients; a man! And dear Major William B. Biddle; he also fought for the right in the War of the Rebellion; and returning took up the duties of his profession. He was judge for several years and died honored and respected by all good citizens. And among these few David J. Wile must not be omitted. It appeared to those who knew him that he was born to be a lawyer, always of perfect poise, adroit, successful. While practicing at the bar no one ever accused Dave Wile of a dishonorable act.
And before the page is turned, and the book for the last time is closed, another name shall be here recorded — that of James F. Gallaher, 1860-1922. Not many years of life in years, but many, many years in events and deeds. An acute and vigorous thinker, perhaps he never concluded preparation for a forensic effort without devouring pages of some of the best ancient and modern classics. His style was perfect, his reasoning controlling, his success pronounced. For twenty-five years he was a leader at the bar, and afterwards for ten years an ornament to the bench.
The present LaPorte County Bar contains many representative members of the profession and measures up to a very high standard of character and legal qualifications, and we believe it to be the peer of any county bar in Indiana.
A complete list of the court officials from the different courts in LaPorte County with the exception of the Circuit and Superior Court judges, whose names have already been given, follows:
President judges: John R. Porter, April 1, 1832-January 7, 1833. The act of January 7, 1833, took La Forte out of the First and put it in the Eighth District; Gustavus A. Everts, January 9, 1833-July 5, 1836. resigned; Samuel C. Sample, appointed July 5, 1836, and served until January 9, 1837, when he was transferred to the Ninth District; Charles W. Ewing, January 9, 1837-February 17, 1838. The act of February 17, 1838, put LaPorte in the Ninth; Samuel C. Sample, February 17, 1838-August 8, 1845, resigned; John B. Niles, appointed August 8, 1843-December 1, 1843; E. M. Chamberlain, December 1, 1843-August 28, 1852, resigned; Robert R. Lowry, appointed August 28, 1852-October 12, 1852.
Associate judges: Jacob Miller, May 5, 1832-1834; Judah Leming, 1832-1835; David Evans, 1834-1836; Clinton Foster, 1835-1839; Gustavus A. Rose, 1836 to 1839-1839 to 1846; Willard A. Place, 1838-1839; Charles VC7. Henry, 1839-1846; William Andrew, elected in 1845 to serve seven years from May, 1846; Abner Bailey, elected in 1845 to serve seven years from May 5, 1846.
Probate judges: Benjamin McCarty, 1832-1834; Chapel W. Brown, 1834-1841; Jabez R. Wells, 1841-1848. Judge Wells was elected for a succeeding term of seven years from 1848 but refused to qualify and
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Gilbert Hathaway was appointed January 16, 1849, who later resigned and Milford K. Farrand became judge on August 24, 1849, to fill the unexpired term.
Common Pleas judges: Herman Lawson, 1852-56; William C. Talcott, 1856-60; Elisha Egbert, 1860-70; Edward J. Wood, 1870-72; Daniel Noyes, 1872-73.
District prosecuting attorneys: Daniel Noyes, 1852-54; J. A. Thornton, 1854-56; Martin Weed, 1856-58; Edward M. Horan, 1858-59, died in office; Joseph M. Dorr, appointed July 6, 1859-60; Charles P. Jacobs, 1860-62; William Andrews, 1862-68; Joseph B. Arnold, 1867-70, resigned; Orville T. Chamberlain, appointed July 15, 1870; William B. Hess, 1870-72; George Ford, 1872-73.
Prosecuting attorneys: Andrew Ingram, April 1, 1832-January 7, 1833. The act of January 7, 1833, took LaPorte out of the first and put it in the eighth; John B. Chapman, January 10, 1833-August 11, 1834, resigned; Samuel C. Sample, appointed August 11, 1834-July 5, 1836, resigned; Joseph L. Jernegan, appointed July 5, 1836-December 10, 1836, transferred to Ninth; Thomas Johnson, December 10, 1836-February 17, 1838. The act of February 17, 1838, put LaPorte in the Ninth; Joseph L. Jernegan, February 17, 1838-August 15, 1838. The act of December 10, 1836, had transferred Jernegan from the Eighth to the Ninth; John B. Niles, August 15, 1838-December 7, 1838; William C. Hanna, December 7, 1838-December 15, 1842; E. M. Chamberlain, December 15, 1842-September 19, 1843, resigned; Reuben L. Farnsworth, September 19, 1843-April 13, 1845, removed from state; Johnson Horrell, September 19, 1845, failed to file with secretary of state his bond and oath of office. His commission, returned April 29, 1846, “said Farnsworth not vacating his office;” James Bradley, appointed April 13, 1846-August 25, 1846, vice Farnsworth, removed from state; James S. Frazer, August 28, 1851-October 12, 1852; D. J. Woodward, October 12, 1852-November 7, 1854. Ninth Circuit: Morgan H. Weir, November 7, 1854-October 1, 1856, resigned; Reuben L. Farnsworth, appointed October 1, 1856-October 30, 1856; Mark S. Dumont, October 30, 1856-November 15, 1858; William B. Biddle, November 15, 1858-November 15, 1860; David T. Phillips, November 15, 1860-November 15, 1864; Aaron G. Guiney, November 15, 1864-November 15, 1866; William H. Calkins, November 15, 1866-November 15, 1870; Michael L. Essick, November 15, 1870-November 15, 1872; Thomas I. Wood, November 15, 1872-March 6, 1873. The act of March 6, 1S73, put LaPorte in the Thirty-second; George Ford, appointed April 7, 1873-October 22, 1873; James A. Crawley, October 22, 1875-resigned January 15, 1885; Andrew J. Egbert, appointed to fill vacancy of George Ford, served until October 22, 1887.; Abraham L. Brick, October 22, 1887-October 22, 1889; Joseph G. Orr, October 22, 1889-October 22, 1891; Peter D. Connolly,
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October 22, 1891, died May 22, 1893; Oliver M. Cunningham, appointed May 25, 1893, to fill unexpired term of Connolly, declined to serve; Francis M. Jackson, appointed May 31, 1893-October 22, 1895, vice Cunningham, who declined to serve the unexpired term of Peter D. Connelly, deceased. John C. Richter, October 22, 1895, resigned November 16, 1898. The act of January 30, 1897, made LaForte the sole county in the Thirty-second. Julius C. Travis, appointed November 16, 1898-October 22, 1899; William H. Breeee, October 22, 1899-January 1, 1904; Jeremiah B. Collins, January 1,1904-January 1, 1906; Theron T. Miller, January 1, 1906-January 1, 1908; Ralph N. Smith, January 1, 1908-January 1, 1914; Worth W. Pepple, January 1, 1914, term expired January 1, 1918; Louis E. Kunkel, January 1, 1918-January 1, 1920; Earl Rowley, January 1, 1920-January 1, 1924; John B. Dilworth, January 1, 1924-January 1, 1926; Louis E. Kunkel, January 1, 1926-January 1, 1930.
Clerks: George Thomas, 1832-1835; William Hawkins, 1835-1846; Thomas P. Armstrong, 1846-1850; Volney W. Bailey, 1850-1857; James Moore, 1857-1865; James H. Shannon, 1865-1873; Charles Speath, 1873-1881; Charles S. McClung, 1881-1889; H. W. Sallwasser, 1889-1897; Charles F. McClung, 1897-1905; George Link, 1905-1913; Chris J. Bielefeldt, 1913-1921; Frank A. Rogers, 1921-1925; Othie Jack, 1925.
Sheriffs: Adam G. Polke, 1832-1836; Sutton Van belt, 1836-1840; William Allen, 1840-1842; John Clarkson, 1842-1844; Harrison F. Hinkley, 1846; Joshua S. McDowell, 1846-1850; Herman Lawson, 1850-1853; William Allen, 1853-1854; William H. H. Whitehead, 1854-1859; Joshua S. McDowell, 1859-1861; Stephen P. Mead, 1861-1866; I. D. Phelps, 1866-1871; Daniel L. Brown, 1871-1874; Edward Hawkins, 1874-1878; Fitch D. Bowen, 1878-1883; William Everhart, 1883-1887; Alfred F. Earl, 1887-1889; George W. Reed, 1889-1893; Albert J. Henry, 1893-November, 1894; Phineas O. Small, 1894-1896; Nathan D. McCormick, 189o-1900; Phineas O. Small, 1900-1903; Edward O. Craft, 1903-1905; Albert F. Smutzer, 1905-1909; William E. Anstiss, 1909-1911; J. Frank Tilden, 1911-1915; Carl J. Ahlgrim, 1915-1919; William E. Anstiss, 1919-1923; Frank Fosdick, 1923-1925; Jacob Hahn, 1925-1927; Ernest Kroll, 1927.
Present active members of the LaPorte County Bar: R. S. Baker,
N. A. Bernstein, Frank J. Conboy, Lemuel Darrow, John B. Dilworth, Philo Q. Doran, James J. Farnan, L. J. Finske, L. A. Glascott, R. E. Glascott, James F. Gleason, Tenola E. Graves, Leonard R. Henoch, Andrew J. Hickey, Matthew J. Kenefick, Louis Krueger, Martin T. Krueger, Paul A. Krueger, Louis E. Kunkel, John Lass, George D. Lay, Melvin E. Leliter, Isadore Levine, Fred R. Liddell, Alfred J. Link, A. L. Logan, Rose Martin, W. A. McVey, Thernon F. Miller, Clifford O. Mize, F. A. Moore, Robert H. Moore, T. C. Mullen, James H. Orr, F. E. Osborn, Kenneth D. Osborn, Lee L. Osborn, Worth W. Peeple, Warren C. Ransburg, Benjamin C. Rees,
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John C. Richter, Frank A. Rogers, W. J. Rommes, Earl Rowley, Herman W. Sallwasser, Milton J. Sallwasser, Norman H. Sallwasser, H. A. Schwager, C. V. Shields, R. N. Smith, Russell W. Smith, Alexander Spychalski, Mark Storen, C. T. Sweeney, Julius C. Travis, George H. Turnbull, Harry B. Tuthill, B. F. Veal, Walter C. Williams, John E. Winn, Norman F. Wolfe, H. W. Worden.
The present officials of the LaPorte County courts are John C. Richter, judge Circuit Court; Harry L. Crumpacker, judge Superior Court; Louis E. Kunkel, prosecuting attorney, Thirty-second Judicial Circuit; Othie Jack, clerk Circuit Court; Ernest Kroll, sheriff; Lillian L. Hendricks, probation officer.
LaPorte has a bar association which meets occasionally to discuss matters of interest to the profession and to cultivate social intercourse among its members. The officers are James J. Farnan, president; Fred R. Liddell, vice president; Leonard R. Henoch, secretary.
THE MICHIGAN CITY BAR ASSOCIATION.
This association was organized August 13, 1924, with Theron F. Miller, president; Louis E. Kunkel, vice president, and Paul A. Krueger, secretary-treasurer. A board of managers was appointed consisting of the officers mentioned with the addition of former Judge Harry B. Tuthill. A committee of the association has full charge, subject to control by the judge of the Superior Court, of all applications for admission to the bar, and no one is admitted in Michigan City without a thorough examination and proof of good moral character. In July, 1926, the annual meeting of the Indiana State Bar Association was held in Michigan City on invitation of the local Bar Association. The citizens generally took an active interest in the meeting and aided much in making it a complete success. The association meets once each month and a large attendance is always present. Matters of local and general interest to members of the association are discussed at these meetings and lectures on special subjects by prominent members of the bench and bar are frequent during the year. It is a thorough-going, live association and has materially aided in bringing about a feeling of friendship and good fellowship among the members. The present officers are Harry B. Tuthill, president; Louis E. Kunkel, vice president, and Robert E. Glasscott, secretary-treasurer. These officers, with Theron Miller, constitute the board of managers.
NAVIGATION OF
HISTORY OF THE LAKE AND CALUMET REGION OF INDIANA
FOREWARD
AN APPRECIATION
CONTENTS
CHAPTER I - Geology and Topography
CHAPTER II - The Mound Builders
CHAPTER III - Days of Indian Occupancy
CHAPTER IV - Early Explorations
CHAPTER V - Border Warfare
CHAPTER VI - Lake and Calumet Region Becomes Part of United States
CHAPTER VII - After Wayne and Greenville - Tecumseh and the Prophet
CHAPTER VIII - Indian Peace
CHAPTER IX - Early Settlements and Pioneers - County Organization
CHAPTER X - Townships - Towns - Villages
CHAPTER XI - Pioneer Life
CHAPTER XII - The Lake Michigan Marshes
CHAPTER XIII - Agriculture and Livestock
CHAPTER XIV - Military Annals
CHAPTER XV - The Lake and Calumet Region in the World War
CHAPTER XVI - The Newspapers
CHAPTER XVII - The Medical Profession
CHAPTER XVIII - The Bench and Bar in the Lake and Calumet Region
CHAPTER XIX - Churches
CHAPTER XX - Schools
CHAPTER XXI - Libraries
CHAPTER XXII - Social Life
CHAPTER XXIII - The Dunes of Northwestern Indiana
CHAPTER XXIV - Banks and Banking
CHAPTER XXV - Transportation and Waterways
CHAPTER XXVI - Cities
CHAPTER XXVII - Industrial Development
CHAPTER XXVIII - Chambers of Commerce
Transcribed by Steven R. Shook, December 2022