McCABE, Judge James - Fountain County INGenWeb Project

Standing out distinctly as one of the central figures of the judiciary

of Indiana of the generations that are past is the name of the late

Judge James McCabe of Williamsport.  Prominent in legal circles and

equally so in public matters beyond the confines of Warren County, with

a reputation in one of the most exacting of professions that won him a

name for distinguished services second to that of none of his

contemporaries, there was for many years no more prominent or honored

man in Western Indian a, which he long dignified with his citizenship.  

Achieving success in the courts at an age when most young men are just

entering upon the formative period of their lives, wearing the judicial

ermine with becoming dignity and bringing to every case submitted to him

a clearness of perception and ready power of analysis characteristic of

the learned jurist, his name and work for decades were allied with the

legal institutions, public enterprises and political interests of the

state in such a way as to earn him recognition as one of the

distinguished citizens in a community noted for the high order of its

talent.  A high purpose and an unconquerable will, vigorous mental

powers, diligent study and devotion to duty were so me of the means by

which he made himself the prospect of ultimate success may pursue with

profit the biography herewith presented for therein are embodied many

lessons as well as incentive and although he "serenely sleeps int he

windowless places of rest," his influence is still a part of many lives,

making them better and happier thus Shakespeare wrote, "The good that

men do lives after them."  Judge James McCabe was born in Darke County,

Ohio, July 4, 1834.  His father James McCabe, Sr. was a native of

Middletown, south of Terre Haute, Indiana and his mother was Jane Lee, a

daughter of an old Virginia Family.  After their marriage, the senior

McCabe and his young wife went to Ohio and there the subject of this

memoir was born, being one of 5 sons.  While an infant his parents moved

to Kosciusko Co, Indiana. From there they went to Ill and the boy that

afterward became one of the supreme judges of Indiana plowed prairie sod

with an ox team on the ground where Watseka now stands.  Three of the

sons of the stern Whig father left home, coming to Indiana and James was

one of the three.  He went to Crawfordsville, attracted there by the

presence of relatives of his mother, the Lees.

At this time he was 17 and here it was that he first went to school,

having had no learning whatever up to this time.  His first schooling

was at a night school taught by Judge Naylor, one of the well known

members of the bar.  He made his living while in school by working on

the Monon railroad as a section hand and he boarded wherever was handy.

At the age of 18 he married Serena, the daughter of M.M. Vancleave, with

whom he boarded a part of the time.  The marriage occurred on M arch 24,

1853, when the bride was but 16.  The couple began housekeeping on a

farm 7 miles from Crawfordsville.  One day, when work on the fa rm had

grown slack, he rode to Crawfordsville and impelled mainly by curiosity,

attended a murder trial in which the prosecutor was the great criminal

lawyer, Daniel W. Voorhees and the defendant's attorney was Edward

Hannegan.  The splendid eloquence of these two distinguished lawyers was

enough; then and there Mr. McCabe conceived the ambition to be a lawyer.

He never parted from that idea.  In the winter, Judge McCabe taught

school and in the summer he followed any vocation which was convenient,

always with the hope of succeeding in his chosen profession.  He lived

at Oxford and Pine Village in succession and, finally being admitted to

the bar, he became a resident of Williamsport in 1861.  Here success was

slow in coming; he passed through the "starvation period" which is

legion with the legal profession.  He knew what it was to walk to Walnut

Grove to argue a cause before the squire, but his labors were lightened

usually by his success.  In politics, Judge McCabe was a Democrat, the

reason of which is characteristic.  He, and his wife's people were Hard

Shell Baptists, and believed absolutely in the literal interpretation of

the Bible, and considered that it sanctioned slavery.  Therefore, he

allied himself with the Democratic party, although his father was a Whig

of uncompromising type.  Twice was he nominated for Congress and in a

strong Republican district defeated by only narrow margins. In 1892 he

was elected to the state supreme court for a term of six years. Although

nominated for a second term, he was defeated with the rest of the ticket.

Three very important opinions were handed down by Judge McCabe while on

the bench. The most noted was that of Haggart vs. Stehlin, 137 Indiana,

43.  This was one of the noted supreme court decisions that have for

many years been cutting down the privileges of the saloon, the most

infamous institution that society sanctions. He took advanced ground in

this decision, going far beyond any ideas that had ever been presented

in any court in the world.  The gist of the decision, which was rendered

in 1898, was that a saloon may become a nuisance, may be enjoined and

may have judgement for damages rendered against it.  So far reaching was

this decision that it was widely commented upon not only in America, but

in Europe. The Literary Digest gave it considerable space.  An

interesting fact is that John W Kern, the present US Senator from

Indiana was the saloon man's attorney.  Another famous case was that in

which the decision of the lower court sentencing HInshaw, the preacher

who murdered his wife to the state prison for life was confirmed.  The

evidence was purely circumstantial, but the opinion of Judge McCabe

reads like a fascinating detective story.  And one more famous opinion

was that in which he repelled an attack on Indiana law that might have

reduced the state to anarchy.  Some man had tried to enjoin the holding

of an election on the grounds that a legislative apportionment had been

illegal.  Judge McCabe showed that if possibly such could be the case,

then the very argument of the petitioner would be illegal for the same

reason and he denied the right of the plaintiffs to be heard on the

question.  As a public speaker, Judge McCabe had few equals, his oratory

being of a style that entranced those who heard him.  His diction was

perfect, his logic irresistible, his illustrations well chosen, while

his well modulated voice, graceful gestures and charm of manner all

contributed to a most remarkable success int he legal and political

forum.  Some of his most pleasing and affective speeches were made

extemporaneously, for his general knowledge w as so broad and

comprehensive, his grasp of a subject in all its aspects so quick, and

his talent as a speaker so natural, that he could easily, without

preparation, make addresses that would have been creditable to most men

after careful preparation.  After his retirement from the bench Judge

McCabe practiced law with his son under the firm name of McCabe &

McCabe.  He enjoyed a lucrative practice and many times as special

judge.  The death of Judge McCabe occurred March 23, 1911 at his home in

Wlliamsport after an illness of long duration.  Judge McCabe left,

besides the faithful wife, three children: namely, Nancy Ellen, wife of

JB Gwin of Indianapolis; Edwin F, a well known and successful attorney

at Williamsport and Charles M, a successful lawyer of Crawfordsville of

the firm of Crane & McCabe.  There are 12 grandchildren and five great

grandchildren.  Mrs. McCabe is the daughter of Mathias and Nancy

(Nicholson) Vancleave and she was born in Ross county, Ohio.  Mathias

VanCleave was born near Shelbyville, Kentucky in 1810, and he was

educated mostly in his native state.  He was a Baptist minister of

considerable reputation and he finally came to Indiana and established

the family home near Crawfordsville, where they continued to reside for

nearly a half century. He was primarily a self-made man, and most of his

higher learning was obtained by home study.  His family consisted of six

children, Mrs. Serena McCabe having been 3rd in order of birth. The bar

of Warren Circuit Court held a memorial service at Williamsport on May

7, 1911 when the last tribute of respect and honor to his memory was

paid by an immense crowd of neighbors and friends.

Many prominent and distinguished jurists and state officers were

present; former Appellate Judge Joseph M. Rabb presided. Addresses were

made by others, the principal speaker being William Jennings Bryan, the

Nebraska commoner having been a close personal friends of Judge McCabe

and his active associate in national politics. Mr. Bryan paid a splendid

tribute to Judge McCabe, detailing the characteristics that controlled

his action and naming the four cornerstones upon which the judge's life

was built as God, home, society and government.  He enlarged upon and

showed how the life of a successful man was so builded, particularly

that of Judge McCabe.

The following memorial was prepared by the local bar association, the

committee drafting the resolutions being Wm. H. Durborow, HD Billings,

Victor H. Ringer and Chester G. Rossiter; part of the memorial, bearing

on the life of the deceased is omitted to avoid repetition from

foregoing paragraphs in this sketch: "From 1861 until his elevation to

the supreme bench of the state, Judge McCabe's career as a lawyer was

one of unremitting labor, crowned with remarkable success.  By his power

of oratory, he could sway a jury as few lawyers could. When espousing a

client's cause he never rested form  his efforts in his behalf. He had a

large, varied and widely extended practice, and could and did meet the

most distinguished lawyers on equal terms.

During his term of six years on the bench, the opinions prepared by him

have become masterpieces of profound learning, many of them on public

questions of lasting benefit to the people of the state at large.  But

his life work is of lasting benefit to the people of the state at

large.  But his life work is finished. It was well and ably done.  In

summing up the professional career of this honored and honorable

gentlemen, it can be truthfully said, that "As an advocate he possessed

a remarkable power of clear statement and convincing logic.  As a

counselor he was exact, careful and carried his researches into the

remotest sources of the law.  As a public orator, he swayed men with

force of argument, and molded t heir ideas to coincide with his own.  As

a judge, he was upright, masterful and added luster to the bench of a

mighty state; therefore be it..resolved by the bar of Warren Circuit

Court that in the death of Judge James McCabe our bar has lost the

guidance of its oldest and wisest member; with reverence we will be

guided by his precept and example.

That his family has lost a devoted and loving husband and father and

have the sympathy of our bar. That the state has lost a wise and able

jurist, the community a popular and distinguished citizen.  Be it

further resolved that the memorial and these resolutions be spread on

record in the order book of the Warren Circuit Court, a copy thereof be

furnished by the clerk, under his hand and seal of the court, to the

family of our deceased member and that a copy be published in the county

papers.  As a further insight into the character of Judge McCabe, the

following letter from US Senator John W. Kern of Indianapolis, written

to the son of the subject of this memoir, will be of interest: I learned

this morning of the death of your father, and hasten to express my deep

sympathy and to assure you that I am one of his many friends who are

today mourning his many noble qualities of head and heart.  I had known

James McCabe since the days of my early manhood, and my admiration for

him increased as the years rolled by until it amounted to genuine

affection.  He was a man of sterling qualities.  His convictions were

positive and always expressed fearlessly, though he always manifested a

rare spirit of charity towards those who honestly differed from him in

opinion.  He was a just judge, whose first aim was the security of

justice to the litigant and to maintain at the same ti me the dignity of

the high judicial office which he so long honored.  As a lawyer, he

threw his whole soul into his work and to his great le gal knowledge he

added the saving grace of common sense in such a degree as to make him a

most formidable adversary.  As a citizen he stood for the highest ideals

and his voice was always to be heard in behalf of temperance and

morality.  But it was as a friend, true, loyal and devoted that he won

my personal affection so that I now mourn with you as a kinsman ."

The Saturday Press of Attica prints the following story of Judge James

F. McCabe who died Thursday morning at Five Points, Indiana:

"Judge McCabe was a self-made man and rose by his own efforts from an

untutored plowboy to a position on the supreme bench of the great state

of Indiana by his own efforts.  He was born in Darke County, Ohio July

4, 1834, but while he was still an infant the family moved to Kosciusko

County, this state.  When 16 he ran away from home and walked to

Crawfordsville, where he secured work on the Monon Railroad then under

construction.  He remained there several years and while there attended

school two terms.

Although by that time he was a grown man he had never had a day's

schooling and could neither read nor write.  But he was determined to

get an education and studied diligently at nights until he finally

fitted himself for school teaching.  He went from Crawfordsville to

Oxford, where he resided for a time, going thence to Pine Village.  

There he taught school in the winter and farmed in the summer, studying

law so diligently in the meantime that in the fall of 1861, he went to

Williamsport, was admitted to the bar and opened a law office.  His

indefatigable energy served him well and he soon attained a prominent

place among the members of the bar.

Being an ardent Democrat, Mr. McCabe took a prominent part in politics

and soon won a place in the state councils of this party.  He was twice

a candidate for congress but was defeated each time, one of the

campaigns, in which Godlove S. Orth was his opponent, being memorable.

In 1892 he was nominated for supreme judge and was elected.  He served

until 1899 when he went down in defeat with his party.  He returned to

Williamsport and since that time has continued to practice in the local

courts with his son, Edwin F. McCabe with whom he was in partnership.

He was married to Serena VanCleave March 23, 1853, and she still

survives to mourn his death.  They gave to the world three children:  

Mrs. JB Gwin of Indianapolis; Edwin F of Williamsport and Charles M, a

prominent attorney of Crawfordsville. - typed by kbz