Tipton County IN Archives History - Books .....Circuit Court 1883
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Book Title: Counties Of Howard And Tipton, Indiana

THE CIRCUIT COURT.

   The first term of the Tipton County Circuit Court was held at the house of
Jesse Brown, on Monday, the 12th of May, 1845, before Silas Blount and Joseph
Goar, Associate Judges. Alexander M. Young, Sheriff, returned the following
persons as grand jurors: Robert Armstrong, Benjamin Leavell, James Shaw, Allen
Pitman, Alexander Mills, David G. Wilkes, George Smith, Andrew Evans, Jackson
Hill, Joseph Henderson, George Leman, Edward Good, Robert Davison, Harvey
Goodykoontz and Jesse Brown. They were sworn, charged and sent into the grand
jury room. On motion, William Garver, Marcus Lindsey, James Forsee, William
Stewart, Earl S. Stone and Amasa P. Cassler were sworn and admitted to practice
in the court as attorneys. The first case called was an appeal from the
Justice's court—William Welshous vs. Daniel Webbert—both parties being
represented by attorneys. The case was continued until the next term of the
court, when Mr. Welshous was non-suited and required to pay costs of suit. The
second case seems to have been an appeal from Justice's court—William Garver vs.
James Teachner. The defendant made default, whereupon judgment was rendered
against him for costs. The third case—Joseph A. Wright vs. John B. Cole,
trespass on the base for slander—was fixed for trial at 1 o'clock of the same
day—Monday, May 12, 1845. At the time set, the defendant filed a plea of general
issue and two special pleas of justification and was given more time. The first
grand jury, mentioned above, after being out a short time, came into court and
reported that they had found no bills of indictment, whereupon they were
discharged. The next, or fourth case was for trespass—John Hogan vs. Whisler &
Webbert. The plaintiff, not being a resident of the State, was required to give
bond for costs, which he did in the sum of $50. The defendants demanded a jury,
which was called and selected as follows: Levi Hobbs, Joseph Henderson, Samuel
Deal, Michael Mitchell, James Shaw, John Farley, James Goar, William Orr, John
B. Wright, Joseph Van Buskirk, Carter Jackson and John B. Cole. This was the
first petit jury in the county. The trial proceeded; the jury were sent out, and
soon returned with the following verdict: "We, the jury, find the defendants
guilty of the trespass, and assess the plaintiff's damages at the sum of
$13.20." Judgment was accordingly rendered against the defendants to the amount
of the verdict and costs of suit, the total sum being $54.56. The case of Wright
vs. Cole then came up, the plaintiff filing his similiter to the general issue
of the defendant, and a replication to the second and third special pleas. More
time was granted to prepare for the trial.

   The first business performed on the third day of this court was the
assessment of a fine of $1 each against Earl E. Stone and William Garver for
contempt of court. Peace and apparent harmony having been restored by this act
of the two Associate Judges, other business was considered. As yet, the
Presiding Judge had not been in attendance upon the court. The case of Wright
vs. Cole came up, and a jury was called as follows: Joseph Van Buskirk, Jacob
Whisler, George Smith, Edward Good, Daniel Lister, March Tucker, James Goar,
John Farley, Joseph Sumner, Robert Davison, William Dixon and Samuel Deal. The
trial was begun, but before concluded court was adjourned until next morning at
9 o'clock. The verdict brought in by this jury was as follows: "We, the jury,
find the defendant guilty as charged, and assess the plaintiff's damages at
$75.84." Judgment included this sum and costs, amounting to $47.24. On this day,
the first grand jury, above mentioned, were allowed 75 cents each for one day's
services. At the same time, several of the petit jurors were allowed $4 for
three days' services. John Nutter was Bailiff, as were also Jesse Brown and John
K. Smith. Thus ended the first term of the Tipton County Circuit Court.

   In November, 1845, John W. Wright, President Judge, and Silas Blount and
Joseph Goar, Associate Judges, were in attendance. The following grand jury was
returned by the Sheriff: Richard Farlow (foreman), James Leavell, Michael
Mitchell, James S. Jack, Isaac Shaw, Gilbert Wright, Malachi Cooper, James
Pickard, John McHolmes, John Deal, Samuel Batorff, Daniel Smith, Solomon Smith,
James Egler and Absalom Hobbs. By the second day of this term, this grand jury
had returned "true bills" of indictment in the following cases: "State of
Indiana vs. Daniel Bales, for public indecency," and "State of Indiana vs. David
Bishop and Jonathan Reed, for affray." On the first day of this term, the first
plea for divorce was filed by Catharine Sharpe vs. William Sharpe. The
complainant, however, appeared by counsel, and dismissed the case at her own
costs. The second plea for divorce, filed the same day, was by Jacob Whisler vs.
Lavina Whisler. A demurrer was filed to the complainant's bill, and was
sustained by Judge Wright, whereupon the case was dismissed. Ten cases were
considered by the court at this term, and eight bills of indictment were
returned by the Grand Jury.

   At the April term, 1846, Jeremiah Smith, President Judge, and Silas Blount
and Joseph Goar, Associate Judges, were present. Judge Smith produced his
commission from the Governor, for the term of seven years, as Judge of the
Eleventh Judicial Circuit. The rules of court previously adopted were repealed,
and a long series of new and better ones was adopted. Among the attorneys
admitted to practice in the early Circuit Courts of the county were Andrew
Batorff, Nathaniel B. Lindsey and Charles D. Murray in November, 1845; John
Davis, J. S. Buckles and William F. Brady in March, 1846. Joseph S. Buckles was
the Prosecutor of the Eleventh Judicial Circuit from September, 1846, to
September, 1848. Gustavus H. Voss was admitted to the bar in October, 1846.
William H. Nelson was admitted during the same term, and James F. Suit and John
M. Conan in April, 1847. A metallic seal was adopted at the October term, 1847;
this is described further on. Amasa P. Cassler became District Prosecuting
Attorney in September, 1848. John Green was admitted to the bar in April, 1849,
and David Kilgore and Joseph A. Lewis at the same term. Carlton E. Shippey and
Richard D. Markland were admitted to the bar in April, 1852. Among the early
cases before the Circuit Court were the following: Trespass on the case,
trespass, divorce, assumpsit, public indecency, affray, assault and battery,
debt, official negligence, cases in chancery, illegal voting, trover and
conversion, foreclosure of mortgage, retailing, perjury, betting, forfeited
recognizance, rape, winning, losing, adultery, extortion, riot, larceny, selling
liquor to intoxicated person, scire facias, etc., etc. The first charge of
murder was in April, 1852, against Harvey Moon, who took a change of venue to
the Marion Circuit Court. An account of this case will be found further on. The
first person admitted to citizenship was Laurence Beck, a German, from the
Dukedom of Hesse-Darmstadt. This was the 10th of November, 1845. John Green, the
attorney longest a practitioner of the Tipton County bar, is yet an honored
resident of the county, and still continues a disciple of Blackstone, with but
little diminution in his former intellectual celerity and vigor.


Additional Comments:
Extracted from:

COUNTIES OF HOWARD AND TIPTON, INDIANA.

HISTORICAL AND BIOGRAPHICAL.
ILLUSTRATED.

CHARLES BLANCHARD. EDITOR.
CHICAGO: F. A. BATTEY & CO.
1883.


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