Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-10
From tie DALI Jsssnsl
Early Indiana Trials.

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objections OF the early trials Of impor-
tant cases in Indiana, which may be
interesting, at least 10 some Of our pr
oneer settlers who are yet living wit
nesses ofthe truth Of bis reminiscen-
ces. He proposes.to confine himself
TO the third judicial Circuit of the
State, and TO the time when the Hon
Miles G. Egglcston was Presiding
Judge of the Circuit The third Ju-
dicial Circuit, including what was
then known as the White Water coun-
try, and extended from the county of
Jefferson north Of the State Of Michi-
gan, some two hundred miles in length
and from the Ohio line on the east Of
White River, seventy five miles West.
!. The country was new, scarcely settled
and bein on the western frontier, the
towns and villages were filed with
Indians, trading their peltries, wild
game and moccasins ornamented with
i the quilts Of the porcupine, with the
settlers, for calicoes, whisky, powder,
lead, beads, and such other articles
as met their fancy. The population
Of the country embraced by the Cir
cult, was q hardy, fearless and gencr-
ally honest Lut more or less, reckless
people, such as are usually tob be found
advancing upon the frontiers from
more civilized life, and consequently
there were more collisions among
them, moro crimes committed, calling
for the action of the Criminal Courts,
than is common in older settled and
more civilized parts of the older
States. fN H'f fi t5tn4.
! The judiciary system at tho time
referred TO was, like the country, in
lis infancy. The Circuit Court was
composed of president Judge, cleo
, ted by tho Legislature, who presided
IN all the Courts in the Circuit and
two associate judges, elected in each
county by the people. These ''side
Judges as they were then called
made no professions to any particu.
lar knowledge of the law, butstill they
had the power 10 override the press
ding Judge, and give the opinion OF
the Court, and sometimes they oven
out GUESSED" the president, giving
= the most preposterons reasons mag.
Unable for their decisions, as, in one
instance, that writ of scire tdcias 10
receive judgement, would not lie
unless il was sued out within q year
and n day. The decision of the asso.
ciates was affirmed in tho Supreme
Court: for other reasons, of course
The Court Houses were either frame
or log buildings, arranged TO hold
tho Court in one end and the grand
Jury in the other. The petit jury
being accommodated Ia some neigh
boring out building used for a lxitch
en- Of the neighboring inn. during va
; cation Tho clerks had very little
qualifications for their duties. Still
they were honest, and the most Of
them could write more lcgibly than
, Rufus Choate or William ii. Potter
United States Senators. The Sheriff.
wero elected by the people, as they
, arc now, and seemed TO have been
selected us candidates on account OF
their fine voices 10 call tho jurors and
! witnesses from the woods, from the
door OF the court building, and their
ability 10 run down and catch often
: ders, The most important person
ages in the country, however, wcro
the young lawyers, universally cal.
led ''squires'' by old and young male
and female. Queues were much in
fashion and nothing was moro CON-
mon than TO see one Of these young
"Squires,' with a wiltcd rorum hat
that had once been stiffened with
glue In its better days, upon head,
from tho back part Of which hung q
queue three feet long, tied from head
TO tip with an eel skin, walking in
evident superiority, In his own esti.
nation, among the people in the
court yaad, sounding thepublic mind
as TO his prospects as n candidate for
J the Legislature. There wero no eau
: cuses or conventions thon. Every
candidate brought himself out and
ran upon his own hook. If he got
beet, as the most Of them did, he had
nobody TO blame but himself for be-
coming a candidate, still he general
ly charged IL upon his friends for not
voting for him, and the next season
found him once more upon the track,
sounding his own praises.
The court rooms in those days were
prepared and furnished with much
simplicity, and yet they seemed to
answer oil the purposes absolutely
necessary 10 the due administration
Of justice. Tho building, as i have
stated, generally contained two rooms
tho court room being tho largest
Mt one end of which there was plat
form elevated some three feet, for the
Judges, with long bench 10 seat
them. These benches were very
substantial in general, sufficient TO
sustain the most weighty judges, yet
on one occasion the bench gave way,
and down came three fat alderm anly
Judges on the floor. One Of them
was quite q wag, and seeing tho
"squires" laughing remarked-"Gen-
tlemen, this is mighty weak bench"
The bar had their benches near the
table Of the clerk, and the crowd was
kept back by q long pole fastened
with hickory at the ends. The
"crowds" ut that day thought the
holding Of q court was great affair.
The people came hundreds of miles to
500 the Judges, and hear the lawyers
"plead," as they called II. On one
occasion there camc on TO be tried be-
fore the jury an indictment for an as
sault and battery against a man for
pulling the nose of another who in
suited him, Tho court room was fl
led TO sufiocation' The two associate
Judges were ON the bench, The ev-