DESCRIPTION,
ORGANIZATION, ETC.
PHYSICAL FEATURES.
The county of Morgan is in many respects one of the
most favorably located tracts of country in the State of Indiana. It is
within an hour's ride of the State capital, and is bounded on the north
by Hendricks and Marion Counties, on the east by Johnson, on the south
by Brown and Monroe, and on the west by Owen and Putnam. The county
contains 450 square miles, or 291,800 acres, and is watered by the West
Fork of White River, and by its branches, White Lick Creek, Mud Creek,
Big Indian Creek, Stott’s Creek, Clear Creek, Burnett’s Creek, Rhodes’
Creek, Mill Creek, and by other smaller streams. The valleys are
extremely fertile, and produce annually large crops of grain. The
numerous bluffs along the principal water-courses are suitable for
grazing. There is an abundance of timber, consisting of poplar, walnut
white oak, hickory, beech, maple and other varieties. An abundance of
excellent building stone is found, and is near the surface and easily
obtained. Native gold and copper have been found in small quantities.
The sanitary conditions are very favorable, as the porosity of the soil
and the rolling character of the surface prevent the development of
malaria.
THE INDIAN CESSION
TREATY.
The county was formerly the undisputed home of the
Miami tribe of Indians. Here they had lived for an indeterminate period
of years, unmolested by the whites. The earlier race, known as Mound
Builders, so far as can be learned, left no traces of their presence in
the county. The case is different with the Indians. They were here when
our fathers came, and mingled freely with the white men. The rapid
settlement of the State after the war of 1812—15, and especially after
the battle of Tippecanoe in 1811, when the power of the Indians was
completely crushed, led to numerous treaties, whereby the Indians ceded
to the Government various tracts of land, and retired toward the
setting sun. The Delaware's, many years before, had obtained from the
Miamis a large tract of land in Central Indiana. In October, 1818, at
St. Mary’s, Ohio, the Miamis and Delaware's ceded to the United States
a large tract of land in Central and Southern Indiana, including the
present county of Morgan, except a small portion in the southwestern
part, whIch bad been relinquished at an earlier date. This was scarcely
done before the white settlers began to invade the present county in
search of homes, and the survey of the lands was commenced.
THE LAND SURVEY AND
THE EARLY ENTRIES.
Township 11 north, Range 2 west, which had been
ceded by the Indians prior to 1816, was surveyed in that year by
William Harris, and was therefore
the first land in the county measured by a surveyor's chain and
compass. It was re-surveyed by
Thomas
Brown in 1819. Township 11 north, Range 2 east, was surveyed in
1820, by
B. Bentley;
Township12 north, Range 2 east, in 1820, by
B. Bentley; Township 13 north, Range
2 east, in 1820, by
B. Bentley;
Township 14 north, Range 2 east, in 1820, by
W. B. Laughlin; Township 11 north,
Range 1 east, in 1819, by
Thomas Brown;
Township 12 north, Range 1 east, in 1819, by
Thomas Brown; Township 13 north,
Range 1 east, in 1819, by
Thomas Brown;
Township 14 north, Range 1 east, in 1820, by
Stephen Coliett; Township 11 north,
Range 1 west, in 1819, by
Thomas Brown,
and in 1848 (the islands) by
A. E.
Van Ness; Township 12 north, Range 1 west, in 1819, by
Thomas Brown; Township 13 north,
Range I west, in 1819, by
John
Milroy; Township 11 north,
Range 2 west, in 1816, by
William
Harris, and in 1819 by
Thomas
Brown; Township 12 north, Range 2 west, in 1819, by
John Milroy; Township 13 north,
Range 2 west, in 1819, by
John Milroy.
The date of the arrival of the first settlers cannot be given, though
it was probably 1818. Ten or fifteen families arrived in 1819, and many
more in 1820. All who came prior to September 4, 1820, and, indeed,
many who came after that date, were “squatters,” not owning the land
upon which they lived until they had taken out pre-emption papers under
the ordinance of 1787, and later Congressional enactment's granting and
modifying the right. lit is estimated that sixty or seventy families
were living in the county on the 1st day of January, 1821. On the 4th
of September, 1820, the lands of the county were formally thrown into
market for the first time. Those who had come in previously hastened to
the land office at Brookville, and entered the claims they had squatted
upon or pre-empted, and many others, who had not yet been in the
county, came in search of homes. Perhaps two thirds of the early
settlers were from the Southern States, mostly from Kentucky, but
largely from Tennessee, Virginia and the Carolinas. The following
persons entered land in the county in the year 1820, after the 4th of
September, in the township and range given with each name:
Philip Hodges, Township 11 north, Range 1
east
; Joseph Townsend, same;
George Mathews, same;
Benjamin Freeland, same;
Benjamin Huffman, same;
John Case, same;
Jacob Cutler, same;
Jacob Lafavre, same;
John Gray, same;
Joshua Taylor, same;
Joshua Gray, same;
Thomas Jenkins, same;
Chester Holbrook, same;
Jacob Case, same;
John Reed, same;
Nancy Smith, same;
Isaac Hollingsworth, same;
Presley Buckner, same. All these
located in Township 11 north, Range 1 east.
The following persons entered land in 1820, after
September 4, in Township 12 north, Range 1 east:
John Butterfield, David Matlock, Enoch
McCarty, Benjamin McCarty, Jonathan Lyon, Martin McCoy. Samuel Elliott,
Jonathan Williams, Devalt Koons, John Connor, Andrew Waymore, Larkin
Reynolds, Thomas Jenkins, Joel
Ferguson, Reuben Most, John Graves.
The following entered land at the same time in
Township 13 north, Range 1 east:
Francis
Brock, William Ballard, Thomas Lee, Charles Vertreese, James Hadley,
Eli Hadley, William Rooker, Charles Reynolds, Isaiah Drury and Benjamin Bames.
William Founds located in Township 14 north, Range 1 east, same
time i. e., from September 4, 1820, to the close of the year.
The following persons entered had during the same
period in Township 11 north, Range 1 west:
James K. Hamilton, John Burnett, Samuel
Newell, Fred Barkhart, Daniel Stout, John Kennedy, Rice Stroud, Isom
Stroud Anthony Vernon, Presley Buckner and Thomas Hodges. The
above persons, numbering fifty-four, were the only ones who entered
land in the county in 1820.
The following persons entered land in the year 1821:
Samuel Scott, James Clark, Jacob
Cutler, Thomas Hiadley, Henry H. Hobbs, Charles Reynolds, George
Mathews, Jonathan Lyon, W. W. Drew, Elisha Hamden, Thomas Irons, James Stott,
Jonathan Williams, John Hodges, John Butterfield, James L Kidds, Edward
Jones, David Allen, Jacob Chase, John Marker, Edward Jones, Jacob Case,
Joseph Henshaw, Abner Cox, David Matlock, Thomas Dee, Joseph Frazier,
William McDowell, Samuel Jones, Thomas Beeler, John Leavell, Jesse
McCoy, Christopher Ladd, Joseph Bennett, Samuel Blair, David Price,
Joseph Sims, John Hamilton, John Barnes, George H. Beeler, Joseph
Beeler, Benjamin Mills, Robert Stafford, wirnam Gregory, Cyrus Whetzel,
Jesse Tull, Henry Rout, John Paul, Thomas Ingles, Joseph Bennett,
Thomas Gardner, William Goodwin, James Burch, Ezekiel Slaughte; John
McMahan, Jacob B. Reyman, John W. Reyman, Christopher Hager, Thomas
Carey, Benjamin Carey, George Moon, Samnel Dadde, Josiah Tomlinson, Eli
Hadley, Abner Cox, James Curl and John Sells, all of whom located east
of the Second Principal Meridian; and David Fain, Hiram Strand, Thomas
Hodges, Philip Hodges, Wiley Williams, Abner Alexander, Samuel Goss,
William Anderson, Joseph Ribble, James McKinney, Thomas Thompson and
Reuben F. Allen, on the west sideof the meridian.
The following
persons entered land in the year 1822: Allen Gray, John Gray, Alexander
Rowand, L Gray, William Townsend, Josiah Townsend, Presley Buckner,
James Reynolds, Jacob Cutler, Joshua Carter, Benjamin Outlibert, Martin
McDaniel, Isaiah Drury, William Bales, Elias Hadley, Jelin Carter,
Moses Anderson, William McCracken, B. F. Reason, John H. Bray, Jesse
Overman, Charles Vertreese, Jacob
Jessup, Andrew Clark, Richard Day, William Ballard, Stewart Reynolds,
Eli Mills, Isaac Price, John and Enoeli Summers, Charles Ketchum,
George Crutchfield, John Martin, Levi Plummer, David E. Allen, Benjamin
Mills, Hiram Mathews, Abner Cox, William Landers, Thomas Ballard,
Harris Bray, John Kennedy, Abraham Strond, Fred Burkhart, John Euckner
and John Mannon, all locating east of the meridian line except
the five last named. The above lists include all who entered land in
the county prior to the 1st of January. 1823. Besides these there, were
a comparatively few families living in the county who owned no land.
They would probably equal in numbers those named above who never
resided in the county, so that the above lists may be taken as showing
to within a close figure the population of the county at that time.
Probably 170 families resided in the county by January 1, 1823. This
would represent a population of about 800.
THE COUNTY BEFORE IT'S CREATION
The territory comprising Morgan County was a portion
of that extensive tract of country secured by cession from the Delaware
and Miami Indians in 1818, and known as the “New Purchase.” The next
legal provision concerning the territory composing the county was an
act of the State Legislature approved January 20, 1820, the second
section of the act being as follows:
SECTION 2. That all the remaining
part of the said New Purchase lying east of the Second Principal
Meridian, except so much of it as has been attached to the counties of
Fayette, Jackson and Wayne by former laws, and except so much of it as
is attached by the first section of this act to the counties rained
therein, be, and the same is hereby formed into a new county, to be
known by the name of Delaware; and all that part of the said New
Purchase lying west of the Second Principal Meridian be and the same is
hereby formed into a new county, to be known by the name of Wabash.
This act made all of the present Morgan County east of the meridian
line a part of Delaware County, and all west of that line a part of
Wabash County. The first elections held in the county were before its
creation, and after the passage of the above act, or during the years
1820 and 1821, and the returns went to the county seats of Delaware and
Wabash Counties respectively. It is impossible to tell where they are
now, as those counties then were widely different in size, form and
location from what they are at present. In 1821 the rapid settlement of
the territory composing the county made it apparent to the settlers
that a new county ought to be created for their benefit, and
accordingly at the session of the Legislature of 1821—22 a petition
from the residents was formally presented, praying that such an
enactment might be passed. Accordingly, the following act was
introduced, passed, and approved by the Governor:
AN ACT FOR THE
FORMATION OF A NEW COUNTY OUT OF THE
COUNTIES OF DELAWARE AND WABASH
SECTION: 1. Re it enacted by the General Assembly of
the State of Indiana, That from and after the fifteenth day of February
next, all that part of the counties of Delaware and Wabash contained
within the following boundaries, to wit: Beginning on the township line
dividing Townships 10 and 11 north, where the line dividing Ranges 2
and S east cross the same; thence west to the center of Range 2 west,
of the Second Principal Meridian; thence north nine miles; thence west
three miles to the line dividing Ranges 2 and 3 west; thence north
eleven miles to the corners of Sections 19 and 20; thence east with
said line twenty four miles to the line dividing Ranges 2 and 3 east;
thence south to the place of beginning, shill constitute and form a new
county, to be designated and known by the name and style of the county
of Morgan.
SEC.. 2. That James
Borland, of Monroe County; Thomas
Beazely, of Lawrence County; Phillip
Hart, of Owen County; John
Martin, of Washington County, and James Milroy, of Washington County.
be and they are hereby appointed Commissioners for the purpose of
fixing the permanent seat of justice for the said new county agreeably
to the provisions of an act entitled “An act fixing the seat of justice
of new counties hereafter to be laid off’ The Commissioners above
named, or a majority of them, shall convene at the house of John Gray,
in said new county, on he first day of March next, and then proceed to
discharge the duties assigned them by law.
SEC. 3. That the said new county of Morgan shall
enjoy the rights, privileges and jurisdictions which to separate
counties do or may properly belong.
SEC. 4. It shall be the duty of the Sheriff of
Monroe County to notify the Cornmissioners above named either in person
or by written notification, of their said appointment, and the
Commissioners of the county of Morgan shall allow them any sum of money
that they may deem just and equitable, who are hereby authorized to
allow the same out of any moneys in the county treasury in the same
manner other claims are paid.
SEC. 5. The Circuit and other courts of the county
of Morgan shall be holder at the house of Jacob Cutler, or at any other place
the court may adjourn to in said county, until suitable accommodation
can be had at the county seat; and so soon as the courts of said county
are satisfied that suitable accommodations can be had at the seat of
justice, they shall adjourn their courts to such place in said county
as shall be fixed on by said Commissioners for the seat of justice of
said county, established as directed by this act.
SEC. 6. The agent, who shall be appointed to
superintend the sale of lots at tile county seat of the said county of
Morgan, shall reserve ten per centum out of the proceeds thereof, and
also of all donations to the said county, and pay the same over to such
person or persons as may be appointed by law to receive the same for
the use of a library for said county, which he shall pay over at such
time or times as may be directed by law.
This act to take effect and be in force from and after its passage.
Approved December 81, 1821.
Samuel
Milroy
Speaker of the House of Representatives
Jonathan
Jennings RATLIFF Bros,
Governor. President of the Senate.
ORGANIZATION OF THE
COUNTY.
On the 1st -of January, 1822,
James Bigger was commissioned
Sheriff of the new county by the Governor, and empowered to call an
election for four Justices of the Peace, one Clerk and Recorder, and
two Associate Judges; but as he failed, in some manner, to do as
directed, his commission was dropped or revoked, and
Benjamin Cutler was commissioned on
the 16th of January, 1822, to take his place and call the necessary
election. This election was held early in 1822, with the following
result Justices of the Peace
Larkin
Reynolds,
Samuel Reed, James
Burns and Hiram Mathews, all four of whom received commissions
from the Governor, dated May 22, 1822; Clerk and Recorder—George H.
Beeler;:
Associate Judges—
Jacob Cutler
and
John Gray, who were
commissioned March 13, 1822.
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 the house of Jacob Cutler, on the 25th of March, 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
OF INDIANA, THIRD JUDICIAL CIRCUIT.
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 tendency 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
an 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 Caldwell, 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 Coronor 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, 1823, 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 retailing 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 Rooker,
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 1823, 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 1831; G. F. Waterman and W. 0. Ross, 1832 ; Ovid
Butler, 1835; John Hutchen and Mason Hulett in 1837 ; Harvey Brown,
1838; 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 $132.75; 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 earthern 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, 663 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 appointed 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 $916.12J. 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 1873 into the Circuit Court.
THE
FIRST COMMON PLEAS COURT
This was held before William G. Turick, Judge,
beginning on the 8th of April, 1853. The final settlement of the estate
of John Sims, who had died in 1843, and whose affairs had 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 1873, when it was merged
into the Circuit Court, and has thus remained until the present (1883).
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 1823, 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 25x35 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 Giles B. Mitchell for about $2,500. Mr. Mitchell was a practical
brick maker and brick-layer, and completed the work in 1834; 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 35x40 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
$32,000. 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
built in the northeastern part of town. This was used until the
erection of the present combined jail and court house in 1857-59.
THE
COUNTY SEMINARY
An early law of the State provided that certain
fines and penalties should be used as a fund to found and maintain a
seminary of learning in each county. A Trustee was appointed in Morgan
County to care for the fund as it should accumulate, John Mathis being
the first. The law provided that when the fund amounted to $400, the
County Board at their option could build a seminary. In the spring of
1824, the fund amounted to over $80. It ran up rapidly in the 30's, the
receipts for the fiscal year 1835 being $114.23 ; for 1836, $369 ; and
for 1837, $79. In the year 1838, the fund amounted to over $2,000, and
about that time the work of erecting a two storied brick seminary was
begun. The house was a fine structure for that day, and cost in the
whole about $2,000. The first teacher was David Anderson, who taught
alone. The second teachers were Elijah and Hannah Parks.
William H. H. Terrell is said
to have been an early teacher. He afterward became Adjutant
General of the State. Rev. Thomas Conley was another, as was a man
named Bigham. Excellent schools were held there, quite a number of
students coming in from abroad, paying tuition, and boarding with
residents of the town. After a few years, the institution largely lost
its character as a county seminary, and became virtually the school of
Martinsville. Students from distant portions of the county ceased to
attend, and the institution lost the influence designed by the
founders. While the schools therein were at their best, the various
expenses were paid from the tuition charged students and from constant
accumulations of the fund. The receipts to the fund in 1849 were
$410.93. After the passage of the common school law in 1852, provision
was made by the Legislature that county seminaries should be sold, and
the proceeds and subsequent collections of the fund should be paid into
the common school fund. The seminary was accordingly advertised for
sale, and finally, in 1854, transferred to Andrew Finley for
§1,100. It passed through several hands, and in 1856 went to Mr.
Sparks, who transformed it into a woolen factory. Mr. Deturk occupied
it for the same purpose during the rebellion. It was torn down about
1864.
THE
COUNTY LIBRARY
An early law provided that ten per centum of the proceeds of the sale
of county lots should be used to found and maintain a county library.
The first books were purchased in the 30's, and a Treasurer and
Librarian appointed. Subsequent collections of the fund as fast as
obtained were invested in more books. About 500 volumes were finally
secured. The project was gradually abandoned. Township libraries were
furnished by the State in the 50's. An aggregate of more than 2,000
volumes was secured. The McClure bequest also furnished the county with
a library. Many of these books may yet be seen scattered throughout the
county. All these libraries have been replaced with the newspaper the
most potent " book " in ancient or modern times.
THE
COUNTY PAUPERS
The early care of the poor was more or less defective, but began soon
after the county was organized. It was customary to " farm out the
paupers " to the lowest bidders in the various townships, and this
method often resulted in placing the helpless or unfortunate in the
hands of animals by nature and hypocrites by practice. Sometimes they
fell into Christian hands, sometimes into barbarous hands. The plan of
" farming them out" continued without interruption until the first
poor-farm was purchased on the 22d of March, 1844. The farm was bought
of Enoch Graham for §1,200, and comprised 120 acres on Sections
25, 26 and 36, Township 12 north, Range 1 east. On this farm was an
ordinary dwelling, which was afterward improved and enlarged, as were
the stables and storehouses. New buildings were also erected. A
Superintendent was placed in charge of the farm, and numbers of the
county poor were removed there. Many continued to be taken care of in
the townships, and this is true of the present time.
A doctor was employed by the year or visit to prescribe for the poor;
he was called the "County Physician.' Nearly all the regular medical
practitioners of the county have officiated in that capacity. This farm
continued to be the home of the paupers until 1869, when, owing to its
smallness, the County Board ordered it sold and a new one purchased.
William B. Taylor was appointed to carry this order into effect. The
old farm was sold to Michael Hammons in July, 1869, for §2,700.
The new farm was purchased of W, B. Taylor, N. T. Cunningham and Jacob
Adams, and comprised about 120 acres, which cost about $12,000. The new
brick poor-house was completed in 1871, and cost over $30,000, the
brick and stone work being done by J. E. and P. F. Douglas. This
building is a credit to the county. The annual poor expense of the
county is now about $12,000. Among the later Poor Superintendents have
been G. W. Preston, 1867 (the poor-house had twenty inmates then);
Sampson C. Voyles, 1868 (thirty one inmates); Charles Day, 1870-75;
William H. Dryden, 1876-78; J. W. Duncan, 1879; Sylvester Jackson,
1880; George W. Walker, 1881-83. For a number of years past, the orphan
poor of the county have been sent to Plainfield to be cared for and
educated. The care of the county for its indigent and helpless is a
credit to the humanity of the citizens. But few counties of the State
show greater interest and care in this respect.
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