The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-09-01
THE COUNTY'S FIRST COURTS
Inconvenience Caused by Few and
Widely Scattered Justices ofthe Peace.
Sometimes the Counsel in q Case We're Called
Upon to Aid the Squires in Making Decis-
iOns-Incidents Of Early Trials.

county WAS al l0ucUUlIc tract, IOIiUlDR
part of Delaware county. and that. cover
ing a large portion of the northern and CEN
trail part of the State, was attached. for jul
dicial purposes, to Wayne and Fayette
counties. The inconvenience of such an
arrangement. compelling the resident of
White river valley to go sixty miles for a
marriage license, or administrators papers,
or sue for a dollar balance of account, or
to answe a charge of assault and battery,
or unlicensed sale of liquor. was the subject
of a good deal of savage comment. Luckily
the population of 1870 was not litigiOus or
numerous and not much positive harm
was suffered. and early IN 1871. Jan. Q. the
Legislature adopted a scheme of partial re-
lief by authorizing the appointment of two
justices of the peace for the aggregate set
Elements, with an appeal to the Bartholo-
NEW county court, twenty miles nearer the
new capital site than the Whitewater val
ley. One of these "'squires" was assigned
to this placs. and Governor Jennings, in
April, 1921, appointed John Maxwell. He
served but a few months, and resigned.
James McIlvain was informally elected by
the people to succeed him, and was CON-
missioned by the Governor in October, '21.
but doubts of the validity Of the election
were common and strong.
His Office was in his residence, opposite
the site of the High-school building. north
west corner of Pennsylvania and Michigan
streets. He administered pioneer justice
with his pipe in his mouth, from
the door of his cabin, the jury
seated on a log in front. and Cor
h,11v @h4 on-fhfa Au tho tSnrfrof0
appointment, vigilantly guarding the
offender to prevent his escape into the
woods and underbrush that grew thick all
about this u~npretending temple of justice.
he couldn't settle by his sense of justice
were settled for him by the professional
skill and attachments of the late Calvin
Fletcher, the only lawyer In all the region
round about, 1t happened occasionally
that Mr.. Fletcher, while acting as counsel
for one party in a case. was called on by
the Squire to decide some point that might
make against his client. But 1t is averred
that he gave the Squire a conscientious
opinion, let the effect be what it might on
his own case. 1t was rather a ''ticklish"
position, though, for a young lawyer to be
placed in, particularly when nobody
among the pioneers knew enough to Ques-
tion his decision.
About the time that Squire McIlvaine be-
gan his judicial career, James Nj. Ray came
to the new settlement. and he told the
writer that the first thing he saw here was
james Blake carrying one end of a log,
while three other men carried the other end.
to a cabin which the n~eighbors were then
engaged in raising" as it was called, for q
new settler. The mans size and strength
impressed him so that he never forgot that
scene. During the winter following Mr..
Blake had a more heroic occasion for the
exhibition of his physical prowess
than carrying three mems load
of logs. On Christmas day, 1921,
e. U--l-l- GL-1c
horse. half-alligator breed came up White
river from the Ohio TO the Bluffs, with a
keel-boat cargo of whisky, tobacco and
groceries. There being but a small settle
ment at the Bluffs they concluded that this
place offered a better chance for a high
old time" and they decided to make their
Christmas celebration here. They got here
before daylight and at once began laying
In stock for their frolic at Dan Larkins's
grocery" the common name for what we
call saloons. probably because most of the
tippling-shops of hat day were really
groceries" as well. They were soon howl
ing drunk. and like all of their kind, even
down to the cowboy" of the cattle ranch
es. when drunk, they were frantic to mash
things They began smashing Larkins's
dOggery. The uproar walked the neigh
bors; and a crowd collected to protect Dan
and his property. The rowdies were well
armed, and the Indianapolitans were not
armed at all, so the latter began their re-
monstrances respectfully.
They didn't care much for Dan, nor for
his cabin or bottles, but they did care for
west side of the river to make "Bayo u
Blue" as there was a few years later, and
whisky was precious, especially at Christ
mas time and New Years day. So they
proceeded. like the old man of the spelling
book story with the boy in his apple tree,
to demonstrate with tufts of grass. The
offenders laughed at such feeble inter-
ference. as the boy did. and the people de-
there was in stones" They talked the
matter over, and James Blake proposed to
arrest the leader single-handed. If the re-
mainder of the crowd would arrest the
other three. So said; so done. The Ken
lucky leader was a big. powerful man, but
he was trunks and furious. while Mr.. Blake
was equally big and powerful, and sober
and level-headed. The rioters were taken
to Squire McIlvain, who fined them heav-
lily, and. in default of pay, sent them to
jail. That is, be ordered them taken to
COnnersville. The county was attached to
Bartholomew, but that county had no Jail.
That would have been a costly journey.
and, possibly, an unsafe one, and the con-
stable was tipped a wink not to watch
them too closely In the night They made
their escape, as was intended, and saved
trouble and money for the people.
On the last day OF December, 1921, the
Legislature formed the county of Marion,
with an order that the organization should
be completed by the lst of April, 49,. The
territory of Johnson and Hamilton coun-
ties, and q large part of Boone, Madison
and Hancock were attached to Marion for
judicial purposes. William w, Wick. of
Connersville, was elected by the Legisla-
tnre presiding judge of the county. and
Hervey Bates, of the same place. was ap-
pointed sheriff by tho Governor. They
came here and assumes their Offices in Feb
ruary, 1s22. The Fifth Circuit, of which
our county formed a part. contained the
following counties: Marion, Monroe, Owen.
Green. Morgan, Lawrence, Rush. Hendricks.
Decatur, Bartholomew, Shelby and Jen-
nings. On the ed of February, 1922. Mr..
Bates issued his proclamation appointing
an election on the LIST of the fol-
lowing April. at which would be
chosen two associated judges. a clerk, q
recorder and three County Commissioners.
April. The voting p~laces-their wide sepa-
ration is worth ~noting-were General Cars
honse in the town-General Carr was the
State agent to sell the town, and his house
was a double log-cabin on the west side of
Delaware street, at the mouth of the alley,
and standing a little way back from the
street; John Pages, at Strawtown, Hamil-
ton county; John Berly's, Anderscntown.
Madison county; William McCartney's, on
Fall creek, near Pendleton.
, There was no lack of candidates for the
first election. Parties were not divided by
national issues here. 1t was the Monroe
ERA of good feeling" and national ques-
lions had not vet grown iuto shape and
substance TO replace those that disappeared
after the war of 1872. The local division
was kentucky and "Whitewater.u the
latter mainly representing the Eastern or