Chapter 10 -- continued

Election & Lawsuit

The Commissioners of Randolph County were petitioned to organize Salimonie Township and appoint an election.

On the 5th of January 1835, the Board ordered that all the attached part of that county should be organized into Salimonie Township. They also appointed the first election at Daniel Farber's on the last Saturday in January 1835, Obadiah Winters, Inspector. The officer to be elected was a Justice; the candidates were H. H. Cuppy and Benjamin Goldsmith. Whiskey was free, a barrel having been obtained for the occasion, and the contest grew very exciting. The only political question involved was the location of the candidates, and Cuppy triumphed. This was the first election held in the county.

When a boy is possessed of a hatchet or a jack-knife, the temptation to use them becomes irresistible. So it seemed to be with these few social neighbors. By the election of a Justice of the Peace, they obtained the facilities for going to law, and litigation commenced. Before this, all difficulties had bee adjusted by third parties, without officers or fees, which generally resulted in the belligerent parties "drinking friendship." Not so when they could boast a "Squire." A lawsuit was waiting for Squire Cuppy when he returned from Winchester, where he had to go to get his commission. Mr. William Bunch and Philip Brown quarreled about a "cross" dog belonging to the latter, who had made some serious threats, and the former commenced a suit to compel Brown to "keep the peace." The case was docketed "John Doe versus Richard Roe, etc.," a writ issued, a constable deputized, Brown arrested and the witnesses summoned to meet at Cuppy's house. The defendant admitted the charge, and was "bound over" to appear at the higher court. The most difficult part of the trial, for the Justice, now came up viz: how to draw a "recognizance." After much profound deliberation and careful research, a form was found in the statutes, which, though intended for general cases, was given under the vagrant act. Being a poor scribe himself, the Justice procured the services of Henry Welch, who, when he came to the part of the form given thus,"[John Doe and Richard Roe, &c.,]" suggested that the words in the brackets did not suit the present case, and inquired what should be done? This was a puzzling question for the "Court," but, having duly deliberated, Cuppy announced with an oath that he wanted in distinctly understood by the people that he was going according to law, and the form must be copied as given in the Statute. So it was copied, brackets and all, after which the court instructed the securities to "attend the next term of Court in Winchester, and deliver Brown up, in open Court, to stand his trial for vagrancy." Accordingly, when Circuit Court opened in Winchester, the securities appeared with Brown, when the Judge, upon an examination of the papers, dismissed the case in such terms, as convinced Cuppy of his unfitness for Justice of the Peace, and he resigned - a sensible act, which rarely occurs in these later days. So ended the first lawsuit.

The records of the Randolph Board of Commissioners, dated May 5th, 1835, state that all the territory included in Jay County was constituted one road district, and William Bunch appointed Supervisor. On the same day, Madison Township was organized, an election appointed at Benjamin Goldsmith's, on the third Saturday in June, Abraham Lotz, Inspector. That was the second election. Another election was ordered to be held the second Saturday in October 1835. AT one of these elections James Graves was elected Justice, went to Winchester for his commission, and, on the way home, married William Cummings and Matilda Denney.