COURTS
OFFICERS—ATTORNEYS.
Let us now turn our attention to the necessary paraphernalia of
organization—courts and officers. By appointment of Governor Noble,
Christopher Hanna notified the people that there would be an election
on the — day of August, 1836, to elect county officers. That was the
first county election. There were but three precincts: one at B.
Goldsmith's, one at Daniel Farber's, and the third in Lick Creek
Township, now Blackford County. The following persons were elected :
Commissioners, John Pingry, Abraham Lotz and Benjamin Goldsmith;
Associate Judges, James Graves and Enoch Bowden ; Clerk, Christopher
Hanna; Sheriff, Henderson Graves. B. W. Hawkins was a candidate for
clerk, against Hanna, and had the vote of Lick Creek Township been
returned, would have been elected. James Graves did not accept the
office of Judge, and Obadiah Winters was subsequently chosen.
The first marriage license issued was to Casper Geyer and Kachael
Clark, April llth, 1837, and they were married on the 18th of April,
1837, by Wade Posey.
The first session of the Board of County Commisssioners 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 the State long enough to
be eligible, B. W. Hawkins was appointed in his stead. David Baldwin
was appointed superintendent of the three-per-cent. fund, being three
per cent, of the money arising from the sale of public lands within the
State, 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 Kiedville,
in honor of Daniel Hied, 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 hy grating corn in the evening for meal.
D. W. McJSeal was appointed County Surveyor. The next mcnth he was
appointed Trustee of the Seminary Fund. Here is a copy of the order by
which the first Court House was erected:
" Wednesday, May 3d, 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 descriptions 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 speculators, 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 Court 131
House, 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 W abash. 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.
Touts was allowed $11.75 for his services as County Treasurer for four
months. At the March Term, 183$, 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 $17.87$. 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 Penuock 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 took him home with him, and kept
him there rocking the cradle, until his time was out!
November Term, 1839. H. 0. 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 walls and
roof of a brick Court House 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, president 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 that 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, JohnEblin and James Stone. Henry H. Cuppy was
foreman, and Anderson Ware was baililf.
This jury found but one bill of indictment which was against two of its
members, H. H. Cuppy and Daniel W. McNeal, for an affray. Cuppy was
tried, 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 two succeeding terms were held by the associate judges alono,
without the aid of president judge, prosecuting attorney, or other
lawyers.
The fourth term was held on the 10th day 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 Hied 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. Morrison Kulon, 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
till 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 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 sping 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 at 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, arid 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 1S50, 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 lilled 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 re-election, 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. He was succeeded
by "William Garver, of the same county.
Silas Colgrove, then and now a resident of Kandolph 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 he was succeeded by B. W. Hawkins.
Mr. Hawkins served four years, and was 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
Court-house in Portland, on the 14th day of May, 1838, before Enoch
Bowdoa 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 iu November,
1838.
In August, 1839, George C. Wliiteman was elected Probate Judge for Jay
County, and continued in that office until the court was abolished, in
1852.
The first term of the Court of Common Pleas for Jay County, was held by
Nathan B. Hawkins, 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 after ward on his own account, remaining in th at
county until 1839, when 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 Blackfoid. Judge Hawkins was a man of decided
ability, an excellent business man, a fluent, forcible speaker, and a
successful lawyer. He was a good citizen, of generous impulses, public
spirited and liberal. His early death was regretted by all who knew him.
He died at his residence, in Portland, on the 20th of October, 1852,
aged 41 years.
James Brown, of Eandolph 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
his election he was a citizen of Eandolph 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. Hajnes,
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
tpok 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 twentyseven, in December, 1844, he came to Portland,
whfire, 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 Milligan. 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 from 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 Eulon, 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 Jaqna.
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; is now a resident of
Union. City, Indiana.
W. D. Frazee remained in Jay County but a short time ; is now engaged
in the law practice at Decatnr, 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 |
1837 |
| Abraham Lotz |
1836 |
1838 |
| John Pingry |
1838 |
1840 |
| Benj. Goldsmith |
1838 |
1839 |
| Henderson Graves |
1837 |
1839 |
| Jacob Bosworth |
1838 |
1839 |
| Timothy Stratton |
1839 |
1845 |
| Josiah H. Topping |
1839 |
1841 |
| George White |
1840 |
1843 |
| Ammon Cook |
1841 |
1844 |
| Samuel Hall |
1843 |
1846 |
| Jacob Bosworth |
1843 |
1846 |
| John Reed |
1844 |
1846 |
| Joseph Roach |
1845 |
1846 |
| William Gemmell |
1846 |
1849 |
| Sumner Griffin |
1846 |
1850 |
| John Goff |
1849 |
1852 |
| David Money |
1849 |
1852 |
| Wm. B. Wade |
1850 |
1856 |
| Isaac Myres |
1853 |
1854 |
| William Gemmell |
1852 |
1858 |
| Alexander Jackson |
1854 |
1858 |
| Vynul Arnett |
1858 |
1864 |
| Wm. B. Miller |
1858 |
1861 |
| M. A. Smith |
1856 |
1862 |
| Alexander Jackson |
1861 |
1864 |
| Eli Bales |
1862 |
|
Jay County was first represented in the State Legislature by Lewis W.
Purviance, of Huntington County, in 1839. The district was then
composed of Jay, Adams, Wells, Whitley and Huntington counties. In 1840
it was represented by Morrison Rulon. 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. Ho well, of Blackford; 1849, Robert Huey; 1850, William T.
Shall, 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 Brugh, 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. Fonts 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 in 1856 was elected
and served two years. Joseph P. "Winters served from 1858 until 1862,
when Royal Dermey 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. Button 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 otfice.
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.
History of Jay County, Indiana By M. W. Montgomery