HISTORY OF ORANGE COUNTY
CHAPTER 5

ADDITIONAL COURT OFFICERS
AND ATTORNEYS

In March, 1831, George Lear was sent to the penitentiary for two years for forgery. James Scott was admitted to practice in 1831. James Clark became Associate Judge in 1833, vice Hostetler, resigned. H. P. Thornton had been admitted to practice several years before 1833, as had also Arthur J. Simpson. The leading practitioners at this time were Dewey, Thompson, Simpson, Thornton and Goodlet. Charles Dewey became Prosecuting Attorney in 1834. Richard W. Thompson was admitted to practice in 1834; Elijah Bell in 1836, John W. Payne, 1836; John A. Breckenridge, 1836; William A. Porter, 1836; John Baker, 1837; Thomas J. Barnett, 1838; Thomas J. Throop; Harris Flanagan, 1838; George G. Dunn, 1839; John Kingsbury, 1839. John H. Thompson became President Judge in 1834, with Jacob Moulder and James Clark, Associates. In 1836, William Case succeeded Clark. A. J. Simpson and John Baker were appointed Masters in Chancery in 1838. Michael Mavity became Associate Judge in 1838, vice Moulder. John W. Payne became Prosecuting Attorney in 1839, vice Charles Dewey.

SUNDRY CRIMINAL CASES

On the 10th of August, 1833, Daniel Weaver and Peter Lindley, colored men, residents of the county, became involved in a fight during which the former stabbed the latter in the back between the shoulder blades with a knife to the depth of four inches, causing his death. Weaver was arrested and tried for manslaughter, John Law, prosecuting. and Thompson defending, but the jury disagreed. Upon the second trial which was fought with great stubbornness, Weaver was found guilty of manslaughter, his punishment being three years in the penitentiary and a fine of $5 and costs. In March, 1835, Lewis Peyton who had been arraigned for horse stealing, plead guilty and was sentenced by Judge Thompson to the penitentiary for two years and fined $5 and costs, and disfranchised two years. There were many cases in court during these years for selling goods without a license. In 1837 Peyton Cornell was convicted of assault and battery with intent to kill, and was sentenced to the penitentiary for two years and fined $1 and costs. In 1838 John W. Johnson was found guilty of grand larceny and sentenced to State's prison for two years, and fined $1 and costs. His, attorneys were Thomas J. Throop and Arthur J. Simpson. The prosecutor was Charles Dewey. In 1839 William Kelley was convicted of grand larceny and sent to the penitentiary by Judge Thompson for two years, fined $1 and costs and disfranchised five years. His attorney was John Kingsbury. During the decade of the thirties there were several important cases involving large property interests. Some of these were in the settlement of estates. The largest estate administered in the county in early years was that of Jonathan Lindley during the twenties.

PROFESSIONAL CHARACTER OF PORTER,
WHITE AND COLLINS

The professional character of Judge John R. Porter Somewhat resembled that of Charles Dewey. He was deep in the law, long-headed and sagacious, and was a great student, not only of his profession, but of general literature as well. In argument he was very convincing, both to court and jury. Through his addresses ran a vein of satire that always revealed the skeleton in the closet. His arguments were substantial, comprehensive and well sustained by authority, but lacked that smooth plausibility which usually misleads. He was tall, spare, fine-looking, dignified, but could descend when necessary to great depths of familiarity. He was a Whig, though rather inactive, and moved to Covington at an early day. Albert S. White, an ardent Whig and politician possessed high natural talent He was afterward sent from Lafayette to the Lower House of Congress, and to the United States Senate. He was small, dark-complexioned, singularly honest, and was one of the most profound law students in the State. He was cool and deliberate in debate, but when warmed up became brilliant, eloquent and very effective. He was adroit, subtle, pungent, daring, an excellent judge of men, observing, perplexing, vivacious, and became the master of whatever he undertook. He possesed the remarkable power of grasping the vital points of a case, apparently by intuition. He lived for a short time at Paoli. James Collins possessed great force of character, and never deserted his client as long as there was a listening court. The law was scarcely explored deeper than he went. Authorities in point could be quoted in abundance when occassion demanded. Thoroughly reliable, he gained not only the confidence of his clients, but kindled their admiration as well, by his faithfulness, persistence, probity and deep intelligence. He was tall, auburn or dark complexioned, very successful in practice, grave, without austerity, mirthful, without buffoonery. He also was a Whig and one of the most popular practitioners.

OTHER SUPREME COURT CASES

There were but few really important cases tried in the county during the decades of the forties and fifties. Those that lengthened out were caused more by the amounts involved than by important legal or equitable principles to be established. Men will often go to law with no case, in hope of gaining their point through technicalities, or a bewildered jury. Cases which were appealed to the Supreme Court began to multiply during the above mentioned decades. None was of much importance; the following were the most conspicuous:

In 1842, Margaret Watson, formerly the wife of James Pearson, deceased, and now widow of B. M. Watson, deceased, filed a bill in chancery against J. G. Clendenin and others, claiming dower to a tract of land in Orange County and to several lots in Paoli. The defendants demurred alleging multifariousness, but the demurrer was overruled. The bill of the plaintiff was dismissed, finally, for want of equity. The property in question had been conveyed by James Pearson, and the real question at issue was whether Mrs. Watson's acknowledgement of such conveyances was sufficient. The Supreme Court held that as to Braxtan and Coffin, two of the defendants, the judgment of Judge Thompson must be reversed, but affirmed as to the others. James Collins was attorney for Mrs. Watson and Payne and Thornton for the defendants.

In l844 Enoch Thompson filed a complaint before two Justices of the Peace against Henry Dougherty and William Johnson tenants, for holding over, etc., claiming $100 damages. The plea was not guilty. Dougherty had sold the property in fee-simple to Thompson, and at the same time Thompson leased the property to Dougherty and Johnson and at the end of the term of lease was to pay $100 conditioned that Dougherty and Johnson would surrender the premises, and also conditioned that should Dougherty pay a certain debt by that time he (D.) might retain possession of the premises and take all interest in the same. Dougherty and Johnson agreed that if the former did not pay the said certain debt in the time specified they would give up the premises. The Supreme Court affirmed the judgment of the lower court, holding that the claim of $100 did not exceed the jurisdiction of the Justices, that the title to real estate was not involved in the cause, that to maintain suit it was not necessary for the plaintiff to make a tender of the $100 to Dougherty, and that the relation between the parties was that of lessor and lessee. This case was a long one before the lower court, James Collins being attorney for Dougherty and Johnson, and H. P. Thornton for Thompson.

In 1850 J. G. Clendenin brought suit against John Frazier, Commissioner, on certificates of the New Albany and Vincennes Road, but being defeated in the lower court appealed to the Supreme Court with the following result: "In the act of 1843, providing for the issue of certificates by the Commissioner (Frazier) of the New Albany and Vincennes Road, for subscriptions in money or labor, the clause which pledges all money not otherwise appropriated accruing from the road for the redemption of such certificates, does not amount to a pledge but is only a promise on the part of the State that the certificate shall be paid out of the tolls that shall afterward accrue; and the Commissioner of said road cannot be sued (by Clendenin) on such promise."

ATTORNEYS AND PROSECUTORS

In 1840 Andrew J. Thickston and Elias S. Terry were admitted to practice; W. D. Rossetter in 1843. In 1845 William P. Otto became President Judge, Michael Mavity and William Case being Associates. Henry Hollowell succeeded Mavity in 1846. W. B. Niblack and John S. Watts were admitted in 1846. T. B. Kinder was admitted to the bar in 1846. John Baker was appointed Master in Chancery in 1846. Lyman Leslie became District Prosecuting Attorney in 1846. Samuel Frisbie was admitted in 1846. William Case, Associate Judge, died in 1847 and John Hungate succeeded him. Jesse T. and Joseph Cox were admitted to practice about this time. T. H. Thornton had been admitted a number of years before. Lucian Barbour was admitted in 1850. George A. Bicknell became Special Prosecutor in 1850. William Morrow was admitted in 1851. C. L. Dunham had been admitted for many years. In 1852 the office of Associate Judge was abolished, W. P. Otto continuing alone. At this time the Common Pleas Court was created, and the Probate Court abolished.

NEXT