FIRST SESSION OF THE COUNTY JUSTICES
Prior to the year 1831, the County Board (now the
three County Commissioners) comprised all the Justices of the Peace in
the county. The first County Board was the Justices elected as stated
above. They met at the house of
Jacob
Cutler, early in June, 1822, for
the transaction of business. One of the first acts was to divide the
county into townships, and order an election held in each for the
necessary officers. The number of townships erected at this time was
four: Washington, Monroe, Ray and Harrison.
James Shields was appointed
Treasurer of the county, and
Charles
Beeler, Surveyor. The report of
the Commissioners appointed by the Legislature to locate the county
seat, was presented to the board at their first session, and formally
accepted, and the Commissioners were paid and discharged. Nothing
further can be stated regarding the early acts of the County Board,
owing to the destruction of the records by fire a few years ago. This
loss was a great misfortune to the county.
THE FIRST CIRCUIT COURT
The first session of the Morgan County Circuit Court
was begun at house of Jacob Cutler, on the 25th of Match, 1822, with
Judge
William W. Wick in
the chair. He presented his commission from
Gov.
Jennings constituting him
President Judge of the Fifth Judicial
Circuit, for the period of seven years from January, 1822. On this
commission was the following endorsement:
STATE OR INDIANA THIRD JUDICIAL COURT
Be it remembered.- that on the 12th
day of February, A. D. 1822,
personally appeared before me, Miles
C. Eggleston President Judge of
the circuit aforesaid, the within named William W. Wick who being duly
sworn according to law, took the following oaths, to wit: That he will
support the Constitution of the United States, and of the State of
Indiana; and that he will, to the best of his ability and judgment.
discharge the duties of his office as President Judge of the Fifth
Judicial Circuit of the State aforesaid faithfully; and that he has not
since the 1st day of January, 1819, either directly or indirectly,
knowingly given, accepted or carried a challenge to any person in or
out of the said State, to fight in single combat with any deadly
weapon; and that he will not knowingly give, accept or carry a
challenge to any person or persons to fight with any deadly weapon in
single combat, either in or out of the State, during his continuance in
his said office.
John Gray
and
Jacob Cutler produced
their
commissions as Associate Judges, and
George
H. Beeler and Benjamin
Cutler produced theirs as Clerk and Sheriff respectively. Court was
then declared open. The first business transacted was the adoption of a
seal for the court, an impression of which was made on the record of
the court. The next act was to admit
Hiram
M. Curry, Craven P. Hester
and
Calvin Fletcher to
practice as attorneys at the court. The latter
was appointed Prosecuting Attorney
,
Larkin Reynolds and
Jonathan
Williams were appointed County Commissioners to fill vacancies
that had
been made. Both the Clerk and the Sheriff then gave their official
bonds, with satisfactory security, which were approved by the court.-
The first suit was a case in chancery,
Jacob
Cutler vs.
J. M. Cox.
The
defendant not being a resident of the State, the notice of the pendency
of the suit was ordered published four weeks in the Indianapolis
Gazette, notifying him that unless he appeared at the next term of the
court to answer, the complainant's bill would be taken as confessed,
and acted upon accordingly. The court then adjourned.
THE SECOND CIRCUIT COURT
This session was begun at the house of
Jacob Cutler on the 23d of
September, 1822, present,
John Gray
and Jacob Cutler, Associate Judges.
It having been made manifest that a place for holding court had been
prepared at Martinsville, the new county seat, the Judges, in
accordance with the enactment for the formation and organization of
Morgan County, before proceeding to business, ordered am adjournment of
the court to the house of
George H.
Beeler, in the town of
Martinsville. The court reassembled at 1 o'clock, p.m..
Daniel B. Wick
and
James Whitcomb were
admitted to practice law at the court. The
Sheriff returned the following list of Grand Jurors:
Jesse Stark,
Conrad Burns, Benjamin Hoffman, Jesse Mulhollen, Humphry Harris, Wilson
Taylor, Thomas Lee, Joshua Taylor, John CaIdwell, Solomon Tucker, James
Donnard, George Crutchfield, Eli Hadley, James Shields William Hadley,
Samuel Scott, Sr., Thomas Reed and
Isaiah Dressier.
Stark, Mulhollen,
Wilson Taylor, Caldwell, Donnard
and
Crutchfield were not
present.
Samuel Scott, Jr., and
Richard Day were added to those
present, and the
Grand Jury thus constituted were sworn and directed to retire under the
charge of
Abraham Keedy,
Bailiff. The first case at this session was
William Cooley vs.
Jesse Smith, trespass vi et armis.
The plaintiff was
given time to amend his declaration. The next case was the State of
Indiana vs.
Edward Applegate,
recognizance to keep the peace. The
defendant's attorneys moved to quash the indictment, but after a
spirited discussion the motion was overruled, and
Mr. Applegate was
ordered to enter into bonds at $100 to keep the peace toward
Gideon
Wells. The next case was of the same nature, but
William Pumroy was
discharged from entering into bonds to keep the peace toward
Brice
Witcher, whose fears were declared to be groundless. Ten cases
came
before the court at this session, of the following character, in the
order named: Assault and battery, recognizance to keep the peace, same,
chancery, same, assault and battery, petition for divorce (
Rachel
Morrison vs.
Thomas Morrison),
covenant and assault and battery. Each
Grand Juror was ordered paid 75 cents per day, and the bailiff the
same.
Christopher Ladd was
granted a license to keep tavern at Port
Royal.
John Tiffany produced
his commission as Coroner of the county,
and
Thomas L. Galpin, his as Sheriff. The Grand
Jury returned the
following “True Bills:” Against
James
Stotts, Sr., for assault and
battery; against
John L. Johnston
and
Joel Stroud for affray;
against
Larkin Johnson and
Michael Dittemore for affray, and
against
George W.
Preston for retailing liquor without a license. The court then
adjourned.
THE THIRD CIRCUIT COURT
This was begun at the court house in Martinsville,
on the 1st day of
April, 1828, before
Judge Wick,
and
John Gray and
Jacob Cutler,
Associate Judges.
Cephus D. Morris,
Harvey Gregg, John Adams,
Breckenridge Smith, Bethuel F. Morris,
Elkin Nayler and
Isaac Nayler
were admitted to practice law before the court. Thirty cases came
before the court at this session, the greater number being for assault
and battery. The Grand Jury returned eight “True Bills-” The first
Petit Jury were summoned at this session to try the case of the State
vs.
G. W. Preston, for
retaining liquor without a license. These men
were
Abner Cox, James Linn, Isaac D.
Koffman, William Gregory, Henry
Pence, Joseph Aulton, James Hadley, Thomas Reed, Jesse Booker, Larkin
Reynolds, Humphrey Harris and
William
Townsend. The defendant was found
guilty, and damages were fixed at $2 and costs of suits. The plaintiff
moved an arrest or stay of judgment on such a verdict, which was
granted, and he was discharged.
John
Stipp was appointed to fill a
vacancy in the Board of Commissioners.
Joshua
Taylor was granted a
license to keep tavern.
J. A.
Breckenridge was appointed Prosecuting
Attorney, vice
Fletcher, who
was unwell.
John Sims was
granted a
license to keep tavern in Martinsville.
SUBSEQUENT CIRCUIT COURT ITEMS
The October session, 1823, was held at the house of
G. H. Beeler,
Judges Wick, Gray and Cutler were present,
Edgar A. Wilson and
Daniel
Goodwin were admitted to the bar, and
Christopher Ladd was licensed to
keep tavern at Port Royal. In March, 1824, the court convened at the
court house.
Gabriel J. Johnson and
Hiram Brown were admitted to
the bar. In 1828,
Edgar A. Wilson
was admitted,
also
Daniel Goodwin;
Hiram Burris in 1824;
T. F. G. Adams,
Michael G.
Bright and
Philip Sweetzer,
1824;
James Braman, Andrew C.
Griffith, W.
W. Wick and
Hiram Brown
and
Henry Hurst in 1825;
Henry P. Coburn, James
Forsee, Benjamin Bull and
William
Herrod in 1826;
James Morrison
in
1829;
Tilman A. Howard in
1881;
G. F. Waterman and
W. O. Ross, 1882;
Ovid Butler, 1835;
John Hutchen and
Mason Hulett in 1837;
Harvey
Brown, 1888;
Henry Seacrest
and
Algernon S. Briggs, 1839.
THE
FIRST PROBATE COURT.
The first session of this court was begun at the
house of
George A.
Preston on the 2d of May, 1822, before
Jacob Cutler and
John Gray,
Associate Judges of the Circuit Court, who proceeded to appoint
Jonathan Watkins as County
Commissioner to fill the vacancy occasioned
by the resignation of
Larkin Reynolds.
No other business was transacted
at this session.
At the September session, 1822, before the same
Judges, the first
business was the issuance of a citation against
Edward Applegate,
guardian of the infant heirs of
Isaac
Hollingsworth, deceased,
commanding him to appear on a certain day to exhibit a true inventory
of all the “goods and chattels, lands and tenements” of the deceased.
Nancy Smith and
John Reed were summoned as
witnesses. This court was
held at the house of
Jacob Cutler.
Nothing else was done until the 30th
of September, when
Mr. Applegate
appeared and presented the following
inventory of the goods, etc., of Hollingsworth, deceased:
“Four promissory notes, aggregating $182.75; four
head of horses, eight
head of milk cows, two head of steers, one heifer, four yearlings, five
calves’, feathers for two beds, three coverlids, five bed quilts, two
sheets, nine delf plates, pewter plates, dishes and spoons, one
earthen pitcher, one tin coffee pot, tea cups and saucers, one
shovel plow and two hoes, a number of hogs, two metal pots, one drawer
knife, one pigon and churn, one small wheel, two weaving slays, two
bells, two empty barrels, one rifled gun, one dutch oven, two chairs,
one man's saddle, seventy eight acres of land, one sieve, money on
hand, $7, money collected from
James
Stills, $11.25; property sold to
wit: 100 pounds of pork, 668 pounds of pork, one hog sold, two sows and
pigs; property in Kentucky as follows: One milk cow, one wagon and
gears, one bed and bedding, five counter-panes, three pillows, three
sheets, one trunk, one pot, one pigon, one ax, one tin bucket, two
pewter plates, one pewter basin, one chair; amounts due from two men,
$5.50.
This inventory is given in full that all may know
what constituted the
real and personal property of the old settlers.,
Joshua Taylor was an
pointed administrator of Hollingsworth’s estate, and required to give
bond in the sum of $1,000 for the faithful performance of his duty.
Larkin Reynolds, Pressley Buckner
and
James Lang were appointed
to
appraise the estate.
Mr. Applegate
was to support the heirs, and have
the use of the estate. This session was held at the house of
G. H.
Beeler in Martinsville.
In March, 1823,
Thomas
L. Galpin and
Thomas Sailors
were granted
testamentary letters as executors of the estate of
Jacob Coss,
deceased. His personal estate was valued at $916.12 1/2 And so the
record goes on. Among the estates settled up within the next few years
were those of
Joseph M. Stotts,
William Ballard, Isaac Overman, Conrad
Burns, John Paul, Ira Ashton, Edward Warren, William Beeson, Elijah
Knight, John Winter, Thomas Dickens, Robert Bradshaw, Ezra Wilcox,
Thomas Deakin, Benjamin Pucket, James P. Vance and
John Douglass. The
first Probate Court held at the court house was in September, 1825.
Probate business was done by the Associate Judges of the Circuit Court
until 1829, at which time the first Probate Judge,
John Matthews, took
charge of the court. In 1853, the affairs of probate were merged into
those of the Common Pleas Court, and in 1878 into the Circuit Court.
THE FIRST COMMON PLEAS COURT.
This was held before
William G. Turick, Judge, beginning
on the 8th of
April. 1858. The final settlement of the estate of
John Sims, who had
died in 1843, and whose affairs bad not yet been wound up, was the
first business before this court. One amount of personal property was
so great that the various inventories cover forty or fifty pages of the
court records The Common Pleas, which included probate matters, was a
separate court until 1878, when it was merged into the Circuit Court,
and has thus remained until the present (1888).
COUNTY COURT HOUSES.
The first courts of Morgan County convened at the
log house of
Jacob
Cutler, which stood about one block north of the northwest
corner of the
public square in Martinsville. In 1828, the work of erecting the first
court house was begun, and in the autumn of 1824, the building was so
nearly completed that courts convened there for the first time, as
shown by the old court records. The building was a two storied
hewed log house, and was located on the southwest corner of the present
public square. The upper story was low, but little better than half a.
story, and contained the jury rooms. The lower story was the court
room. This room was also the first meeting house, schoolhouse, lecture
room, etc., of Martinsville. The building was about 25x85 feet on the
ground, and was compactly built. This building was used until 1833,
when the contract of constructing a brick court house on the square was
let to
Gibe B. Mitchell for
about $2,500.
Mr. Mitchell was
a practical
brick maker and brick-layer, and completed the work in 1884; but the
woodwork was not finished until about two years later. The County Board
was compelled to issue “orders” for the greater portion of the contract
price. These orders depreciated considerably in value, though they were
current funds for all ordinary expenses in the county. The building was
two storied, and was about 85 x 40 feet on the ground. It did not
contain
the county offices. These were in business or private buildings until
about 1843, when small offices were erected on the square. About 1855.
this building was so dilapidated and unsightly that a new court house
began to be talked of. The Gazette of March, 1856. having in view
the
incorporation of Martinsville, then strongly talked of, as well as the
erection of a new court house, remarked as follows: “The old court
house, with its crumbling foundation, cracked walls, diseased windows,
shattered vane, drooping spire and moss covered cupola, looking, as
Judge
Hughes remarked from the
bench at the last Circuit Court, ‘like
some bombarded block-house,’ overlooks one vast sea of conglomerated
water, mud and filth.” The necessary pressure was brought to bear on
the County Board, and in March, 1857, orders were issued for
advertising for bids to erect either a combined courthouse and jail, or
each to be built separately, the total cost not to exceed $30,000. The
contract was finally awarded to
Perry
M. Blankenship at about that
price, the jail and court house to be built together. County bonds were
ordered sold to meet the expense. The building was completed in 1859
at a cost of about $82,000. This is the present court house and jail.
The court room is above, and offices below; the jail is in the
northwest corner of the lower story, and the belfry is on the southeast
corner. The hall extends through the building from north to south. The
contractor evidently did his work well, as the
structure is now almost or quite as good as new- On the 31st of March,
1876, the records of the county in the offices of the Clerk and Auditor
were largely consumed by fire, supposed to have been done by some
rascally official, to conceal the evidences of his defalcations or
other
crimes. This was a great calamity, and cost the county many thousands
of dollars to copy what remained of the half consumed records. Had the
old records not been destroyed, this chapter might contain many items
of interest which it now wants.
COUNTY JAILS.
The first jail was a small log structure, which was
erected on the
northeast corner of the square in 1824. It was built of heavy timber,
and answered the purposes of the county until 1826, when it was
destroyed by fire. Within three or four years, a brick jail was built
about where the jailer’s house now is on the square by
Mr. Sailors. The
outside of the structure was of brick, the inside of heavy logs, and
between the two walls were about eight inches of broken stone. This was
used about ten years, when a much stronger log jail was builc in the
northeastern part of town. This was used until the erection of the
present combined jail and court house in 1857—59.
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