Chapter 12

Courts - Officers - Attorneys

The first marriage license issued was to Casper Geyer and Rachael Clark, April 11th, 1837, and Wade Posey married them on The 18th of April 1837.

The first session of the Board of County Commissioners convened at Mr. Cuppy's on the 8th of November 1836. H. H. Cuppy was appointed County Treasurer, Lewis S. Farber Assessor, and Jacob Bosworth Agent to superintend the sale and conveyance of the lots donated to the county in Portland. Mr. Bosworth not having been in Indiana long enough to be eligible, B. W. Hawkins was appointed in his stead. David Baldwin was appointed superintendent of the three percent fund for the sale of public lands within Indiana, appropriated to making roads and bridges. That office and that of the County Agent were very important offices at that time. Cuppy was granted a license to retail merchandise for one year for ten dollars.

At a special meeting of the Board, December 5th 1836, the County Seat was named Portland. Many persons desired it should be called Riedville, in honor of Daniel Ried, who donated the site. Joshua Pennock was allowed ten dollars for aiding in clearing off the County Seat. Afterward, John E. Ware, T. N. Jones, William Highlander, John Martin and others were paid for laying out and clearing the town site. Mr. Ware paid his board at Cuppy's by grating corn in the evening for meal. D. W. McNeal was appointed County Surveyor. The next month he was appointed Trustee of the Seminary Fund. Here is a copy of the order by which the first Courthouse was erected:

"Wednesday, May 3rd, 1837.

"Ordered, that there be a house erected on some suitable lot in the town of Portland, for the use of the county, and that Christopher Hanna superintend the letting of the same on the 13th day of June next. The terms and description to be made known on the day of sale."

No direction being given as to the size, price or materials, such an order, in these days of speculation, would be rather an unsafe specification.

L. S. Farber was allowed $23.27 for assessing the county. James marquis was appointed Collector of the taxes for the county. The first tax assessed was at this term, being $1.25 on every $100 valuation of property for county purposes, one cent on every $100 for road purposes, and seventy-five cents on every poll.

September 4, 1837, the Board adjourned from the house of Mr. Cuppy to the new log Courthouse, and allowed Robert Huey $123.25 for building it.

D. W. McNeal was allowed $7.75 for surveying and platting the town of Portland.

J. B. Gillespie was granted a license to keep a ferry where the Quaker Trace crossed the Wabash. The profits probably never paid for the license.

Mr. Cuppy resigned the office of Treasurer, and Hawkins C. Fouts was appointed.

Christopher Hanna was appointed to superintend the building of a county jail.

November Term, 1837. At the opening of this term Henderson Graves took his seat as Commissioner, as successor of John Pingry, and B. W. Hawkins as Sheriff.

Thomas Wheat was appointed School Commissioner. In January 1838, H. C. Fouts was allowed $11.75 for his services as County Treasurer for four months. At the March Term, 1838, John Pingry was appointed Loaning Agent of the surplus revenue fund, and William Vail Collector of taxes for that year.

January Term, 1839. Contracted with Moses Knapp to build a public Pound for $17.87 ½. It was a post and rail fence, a few rods north of the present jail.

Robert Huey was granted a license to keep a grocery in Portland. This was the first store of the kind kept in the place.

Joshua Pennock had built a jail, for which he had received $181; but it not being according to contract, the Commissioners sued him for damage. It was a log house, poorly built, and stood north of the present jail.

A man from Blackford County was at one time convicted of stealing a log chain, and sentenced to three or four days' imprisonment. As the jail would not hold him, Sheriff Hawkins t5ook him home with him, and kept him there rocking the cradle, until his time was out!

November Term, 1839, H. C. Fouts was removed from the Treasurer's office, and William T. Shull, now of Blackford County, appointed.

At this time Lewis N. Byram was contracted with to build the wall and roof of a brick Courthouse for $1,750, and he was to "warrant it to be a substantial building for twenty years." William Haines finished the house. The wall was very poor; the building was abandoned in 1859, and in March 1860 was sold at auction for $153.

In January 1840, John Pingry got the contract for building another jail for $800. That was the old log jail sold for $32 in 1862, torn down and converted into the wagon shop of S. H. Williams.

The first term of the Circuit Court, in Jay County, was held on the 17th day of April 1837, at the house of Henry H. Cuppy, which house is still standing on the farm of Colonel Shanks, south of Portland. Hon. Charles W. Ewing, of Fort Wayne, Presiding Judge of the Sixth Judicial Circuit, and Enoch Bowden, Associate Judge for Jay County, occupied the bench.

Christopher Hanna, was Clerk, Henderson Graves, Sheriff, and Thomas Johnson, of Fort Wayne, Prosecuting Attorney.

Jeremiah Smith, of Randolph County, was the only lawyer present, except the State's Attorney.

The Grand Jury, at this time, consisted of the following named persons: Henry H. Cuppy, Benjamin W. Hawkins, Obadiah Winters, Hawkins C. Fouts, James Marquis, David Baldwin, John Pingry, Samuel G. Hanna, Conaway Stone, William Vail, Joseph Wilson, John S. Mays, Daniel W. McNeal, William Clark, John Eblin and James Stone. Henry H. Cuppy was foreman, and Anderson Ware was Bailiff.

This jury found but one bill of indictment that was against two of its members, H. H. Cuppy and Daniel W. McNeal, for an affray. Cuppy was dried, defended by Jer. Smith, and found guilty. McNeal plead guilty. This constituted almost the entire business of the term. The court was in session two days.

The associate judges held the two succeeding terms alone, without the aid of Presiding Judge, Prosecuting Attorney, or other lawyers.

The fourth term was held on the 10th day of December 1838, before the associate judges. The court, at this term, assumed more importance than hitherto. Jeremiah Smith acted as Prosecuting Attorney. Several cases were tried, both criminal and civil.

Jacob Bosworth, Benjamin P. Wheat and Andrew Ried were appointed school commissioners for Jay County. There was quite an array of lawyers in attendance.

In January 1839, the Eleventh Judicial Circuit was formed, of which Jay County constituted a part. Morris Rulon, then a young man, who had but recently been admitted to the bar, was by the Legislature, elected Judge of this new Circuit. He resigned, without ever having held a court, and David Kilgore was, by the Governor, appointed to fill the vacancy.

Judge Kilgore held the office under his appointment until December 1839, when he was elected by the Legislature, and held the office until the spring of 1846.

Judge Kilgore has since then served in the convention for the revision of the Constitution of Indiana, was Speaker of the House in the Indiana Legislature, and represented the fifth district of Indiana, in Congress, two terms. He still resides in Delaware County, Indiana.

In December 1845, Jeremiah Smith was elected Judge of the Eleventh Circuit, and served until the spring of 1853. He was succeeded by Joseph Anthony, of Delaware County, who presided over the Circuit Court of Jay County two years. He is still a citizen of Delaware County.

In January 1855, the Thirteenth Judicial Circuit was formed, Jay County constituting a part of it. Judge Jeremiah Smith was appointed Judge of this Circuit, by the Governor, to serve until the next general election. Under this appointment he held two terms of the jay Circuit Court.

In October 1855, Jehu T. Elliott was elected Judge of the Thirteenth Circuit, and was reelected in 1861. He is as this time Judge of the Jay Circuit Court.

The first associate judges of Jay County were Enoch Bowden and Obadiah Winters. Judge Winters served from 1837 until 1850; Judge Bowdon, from 1837 until 1843, and again from 1850 to 1851, at which time the associate judges were abolished by the adoption of the present Constitution of Indiana.

Abraham C. Smith served as Associate Judge from 1843 to 1850, when he was succeeded by John Current, who held the position until the office was abolished.

Jehu T. Elliott was the first prosecuting attorney for the Eleventh Judicial Circuit. He served, in that capacity, in Jay County, but one year, and was succeeded by Jeremiah Smith, who served two years. John M. Wallace next filled that office for one term of two years. Mr. Wallace then resided in Madison County, but afterward removed to Grant County, where he still resides. He has been Judge of the Judicial Circuit in which he lives, and, since the rebellion broke out, he was for a time adjutant General for the State of Indiana, and, more recently, was an assistant paymaster in the Army of the United States.

John Davis, of Madison County, succeeded Judge Wallace as Circuit Presiding Attorney. The office was next filled by Joseph S. Buckles, of Delaware County, who served until 1848.

Mr. Buckles has since been a member of the State Senate, and is now Judge of the Eleventh Judicial Circuit. He is still a resident of Delaware County.

In 1849, the law having been changed so as to provide for the election of a Prosecuting Attorney for each county, John P. C. Shanks was first appointed and afterward elected by the people to fill that office, and served two years.

Mr. Shanks was born near Harper's Ferry, Virginia, came to Jay County with his father, in 1840, studied law with Judge N. B. Hawkins, and was admitted to the bar in 1849. He represented Jay County in the Indiana Legislature, in 1855, was elected to Congress in 1860, and served on General Fremont's staff in his memorable Missouri Campaign. By his exertions the 7th Indiana Cavalry Regiment was raised, of which he was appointed Colonel, and is now serving in that capacity. He gave his earnest support to all the great measures adopted by the Thirty-Sixth Congress of which he was a member. In 1862 he was re-nominated, by acclamation, by his party, for reelection, but was defeated.

In 1851, the law authorizing the election of a Prosecuting Attorney for each county, having been repealed, David Moss, of Hamilton County, was elected Prosecuting Attorney for the Eleventh Circuit. William Garver, of the same county, succeeded him.

Silas Colgrove, then and now a resident of Randolph County, held the office of Prosecuting Attorney from 1853 to 1856. He has several times represented that county in the Indiana Legislature. He is now Colonel of the 27th Regiment of Indiana Volunteers, in which capacity he has seen much service, and has been twice severely wounded. Colonel Colgrove was succeeded in the office of Prosecuting Attorney by Thomas M. Browne, of Randolph County, who filled that office six years. Mr. Browne has been a member of the State Senate, was on General Wood's staff at the Battle of Shiloh, is now Lieutenant Colonel of the 7th Indiana Cavalry and was lately wounded.

James N. Templer, of Jay County, was elected to the office of Prosecuting Attorney in 1861, and still holds that office. Mr. Templer came to Jay County, with his father, when a boy, was educated at Farmers' Academy and Liber College, studied Law with Judge Haynes, and was admitted to the bar in 1857.

Christopher Hanna was the first Clerk of the Jay Circuit Court. He served until the year 1843 when he was succeeded by B. W. Hawkins, who held the office until 1850. Ira Denney was his successor, and filled the office until 1859, when B. W. Hawkins was again elected, and still holds the office.

Henderson Graves was the first Sheriff of Jay County by election. He served until the fall of 1849, when B. W. Hawkins succeeded him. Mr. Hawkins served four years, and as succeeded by Robert Huey, who filled the office until the fall of 1844, when Jason Whipple was elected.

Two years later, Hugh P. Hanna succeeded Mr. Whipple, and, after serving four years, Alexander Johnson became his successor. Mr. Johnson filled the office until 1854, when Jacob E. Lotz was elected. In 1856 Alexander Johnson was again elected Sheriff, and, after serving two years, he was in turn succeeded by Mr. J. E. Lotz, who held the office until 1862, when Alexander Hanlin, the present incumbent, was elected.

The first term of the Probate Court of Jay County was held at the Courthouse in Portland, on the 14th day of May 1838, before Enoch Bowdon and Obadiah Winters, assistant judges of the Circuit Court.

The first letters of administration were granted to Ellis Davis on the estate of Aaron Rigby, deceased, the 20th day of September 1837. The associate judges also held a term of the Probate Court in November 1838.

In August 1839, George C. Whiteman was elected Probate Judge for Jay County, and continued in that office until the court was abolished in 1852.

Nathan B. Hawkins held the first term of the Court of Common Pleas for Jay County, on the 17th day of January 1853. The Common Pleas District then consisted of the counties of Randolph and Jay. Judge Hawkins was elected Judge of this district in October 1852, and died in office, in October 1853.

There were but few men who occupied a more prominent position in Jay County during the period of his manhood, that he spent in the county, than Nathan B. Hawkins. He came to the county with his father in 1829, and remained here until he was about sixteen years of age, when he went to Wayne County, Indiana. He there went into mercantile business, first as a clerk, and afterward on his own account, remaining in that county until 1839, hen he returned to Jay and engaged in selling goods at Portland. Having a taste for study, he employed his leisure hours in reading Blackstone. At the May term of the Jay Circuit Court, 1841, he was admitted to the bar, and immediately commenced the practice of law. In 1842 he represented the counties of Jay and Adams in the Legislature of Indiana, and was a member of the convention for the revision of the Constitution of Indiana, in 1850, -- representing the counties of Randolph, Jay and Blackford. Judge Hawkins was a man of decided ability, an excellent businessman, a fluent, forcible speaker, and a successful lawyer. He was a good citizen, of generous impulses, public spirited and liberal. All who knew him regretted his early death.

He died at his residence in Portland on the 20th of October 1852, aged 41 years.

James Brown, of Randolph County, where he still resides, was appointed by the Governor to fill the office of Common Pleas Judge, until the succeeding general election. He has represented that county in the Indiana Legislature.

In 1854 William A. Peelle was elected Judge of the Common Pleas Court, and held the office two years. AT the time of this election he was a citizen of Randolph County. At the expiration of his term he resumed the practice of law. In 1860 he was elected Secretary of State, which office he held two years. He is now engaged in the law practice at Centreville, Indiana. In 1856 Jacob M. Haynes, of Jay County, was elected Judge of the Court of Common Pleas. In 1860 the district was enlarged so as to consist of the counties of Randolph, Delaware, Jay and Blackford, and Judge Haynes was the same year elected to preside over the courts of the enlarged district, which position he still holds.

Judge Haynes came to Portland to commence his career as a lawyer, where he still remains. He has always identified himself with the best interests of Jay County. His integrity of character, honesty of purpose and thorough knowledge of his profession, have given him the confidence of the people in an eminent degree, and made him a successful, honest lawyer. He prepared for college at Monson Academy, Massachusetts, and took a literary course at Phillips' Academy, Andover, Massachusetts. He commenced the study of law with Hon. Linus Child, at Southbridge, in the same state. In September 1843, he came West, resumed the study of law with Hon. Walter March, of Muncie, Indiana, where he taught the Delaware County Seminary, and was admitted to the bar in March 1844. AT the age of twenty-seven, in December 1844, he came to Portland, where in 1846, he married Miss Hilinda T. Haines. He was appointed School Commissioner in 1846, to fill a vacancy, which occurred by the resignation of Wilson Millligan. In August of the same year he was elected to that office, and served for two years; he was appointed School Examiner in 1848, which office he filled for four years.

The first Prosecuting Attorney of the Common Pleas Court of Jay County was William Moorman, who was succeeded by John J. Cheney, and he by Enos L. Watson, all of Randolph County. Thomas J. Hosford, of Delaware County, held the office for 1860 to 1862, when Enos L. Watson was again elected, and still holds the office.

The lawyers who have been residents of Jay County are Moses Jenkinson, Morrison Rulon, Nathan B. Hawkins, Jacob M. Haynes, John P. C. Shanks, James B Jaqua, John R. Perdieu, John W. Headington, James N. Templer, William D. Frazee, John J. Hawkins, David V. Baker and Allen Jaqua.

Moses Jenkinson now resides at Fort Wayne, Indiana; is a lawyer of considerable note, and has represented Allen County in the State Legislature. He removed from Jay County in 1845. Morrison Rulon was twice elected to the Legislature from Jay County and is now a resident of Union City, Indiana.

W. D. Frazee remained in Jay County but a short time and is now engaged in the law practice at Decatur, Indiana.

J. W. Headington resides at Portland, and is now Major of the 100th Regiment Indiana Volunteers.

Messrs. Jaqua, Perdieu, Templer, Hawkins, Baker and A. Jaqua are still residents of Portland.

Among the attorneys not residents of Jay County, who have practiced in its courts, are Jeremiah Smith, Moorman Way, Zachariah Pucket, Beattie McClelland, Silas Colgrove, William A. Peelle, James Brown and Thomas M. Browne, of Randolph County; Joseph Anthony, Thomas Anthony, Andrew Kennady, Thomas J. Sample and Walter March, of Delaware County.

John Brownlee, of Grant County, also attended the courts of Jay County. He acted as Prosecuting Attorney at the October term, 1839.

The following shows the names of those who have been members of the Board of County Commissioners, when they assumed the office, and expiration of their terms:

John Pingry 1836-'37		Abraham Lotz 1836-'38
Benj. Goldsmith 1836-'39		Henderson Graves 1837-'39
Jacob Bosworth 1838-'39		John Pingry 1838-'40
Josiah H. Topping 1839-'41		Timothy Stratton 1839-'45
George White 1840-'43		Ammon Cook 1841-'44
Samuel Hall 1843-'46		Jacob Bosworth 1843-'46
John Reed 1844-'46		Joseph Roach 1845-'46
William Gemmell 1846-'49		Sumner Griffin 1846-'50
John Goff 1849-'52		David Money 1849-'52
Wm. H. Wade 1850-'56		Isaac Myers 1852-'54
William Gemmell 1852-'58		Alexander Jackson 1854-'58
M. A. Smith 1856-'62		Wm. B. Miller 1858-'61
Vynul Arnett 1858-'64		Alexander Jackson 1861-'64
Eli Bales 1862-

Lewis W. Purviance, of Huntington County, first represented Jay County in the State Legislature in 1839. The district was then composed of Jay, Adams, Wells, Whitley and Huntington counties. In 1840 Morrison Rulon represented it. In 1841 the district embraced only Adams and Jay counties, and elder Robert Tisdale, of Adams, was the representative. He was succeeded by Nathan B. Hawkins in 1842, and he by Samuel S. Mickle, of Adams, who has since been in the State Senate. The representatives succeeding were as follows: 1844, Robert Huey, of Jay County; 1845, S. S. Mickle, of Adams. In 1846 the district was composed of Jay and Blackford counties, and William F. Jones of the latter county was the representative; 1847, Morrison Rulon; 1848, George S. Howell, of Blackford; 1849, Robert Huey; 1850, William T. Shull, of Blackford; 1851, Joseph W. Holliday, of Blackford. Mr. Holliday was a lawyer of Blackford County; was elected representative to the Legislature for Jay and Blackford counties in the year 1847. Before the meeting of the Legislature he resigned and went to the Mexican War as Lieutenant of a company of volunteers. He died in 1851, about the close of the session of the Legislature.

In 1852 Jay County became entitled to a representative independent of other counties, and Robert Huey was elected; in 1854, J. P. C. Shanks; in 1856, Joseph J. McKinney; in 1858, George C. Whiteman; in 1860, Isaac Underwood and in 1862, Samuel A. Shoaff.

The following persons have been State Senators from districts of which Jay County has been a part: In 1839, John Foster; in 1840, Michael Aker, of Randolph; in 1843, Isaac F. Wood; in 1846, Dixon Milligan, of Jay; in 1849, Jacob Burgh, of Blackford; in 1851, Thomas D.M. Longshore, of Randolph; in 1853, Theophilus Wilson, of Jay; in 1857, Daniel Hill, of Randolph; in 1861, David Studabaker, of Adams, and in 1863, George S. Brown, of Wells.

Henry H. Cuppy was the first County Treasurer and Hawkins C. Fouts the next. His successor was William T. Shull, who was succeeded in 1841 by Jonas Votaw, who held the office until 1853, at which time Alexander White took it, but died in 1855, before the expiration of his term. G. W. Templer filled the vacancy thus occurring, and in1856 was elected and served two years. Joseph P. Winters served from 1858 until 1862, when Royal Denney was elected, and resigned in July 1864, when Thomas Black was appointed to fill the vacancy.

Prior to 1850 the County Auditors were Alexander White and Joseph Wilson. AT this time John Coulson took the office and served until 1859, when William G. Sutton was elected, and is the present incumbent.

Geo. W. Templer was the first County Recorder (1843), and was succeeded in 1850 by Thomas Black, who served until 1859. Harvey Humphries was then elected, and served until 1863, when Cyrus Stanley was elected, and now holds the office.

D. W. McNeal was the first Surveyor, was succeeded by Thomas Brown, in 1842, and he by William H. Montgomery, in 1845, who served until 1852, when John C. Bailey was elected; in 1856, Nimrod Headington; in 1858, Thomas Brown, who served two years, and in 1862, B. R. McCoy, the present incumbent.