DAVIDSON, Thomas F. - Putnam

The following sketch of Thomas F. Davidson is contributed by Lucas Nebeker: No other department of government so immediately concerns the general public, nor so directly affects its welfare, as that which is known as the nisi prius court. Legislative enactments and appellate court decisions possess but little potency, merely as printed books, mostly unread, unless by the lawyer, and then generally in pending suits; but when administered by a court of original jurisdiction they acquire vitality and become an irresistible power, and that not only as to those upon whose fortune or whose liberty they are brought directly to bear, but even as to all people residing within the limits of the court's jurisdiction and within the reach of its mighty arm. Such dignity and importance thus attaches to the trial court, that, in the selection of a circuit judge, capacity and fitness for the position and its duties very often outweigh all other considerations, even those of party politics; and the feeling has for some years been gaining ground, that in this important affair party ends and interests ought to be altogether ignored. Owing to these facts and results, and in the same degree that the office is exalted in public estimation, so is he exalted also who is honored by the careful choice of the people to fill the office, and especially if when chosen he not only lifts himself to the high level of the office, but, rising to a still higher dignity, fulfills the expectation of the people and satisfies the varying and severe demands of the position. Whether or not these observations fitly apply to the subject of this article, let his judicial acts and expressions speak for themselves. Very few of these can be stated or even referred to in this brief notice, but the public is already familiar with his career at the bar and on the bench, and is therefore qualified to judge him. Besides, the judgment which has already been pronounced by more than one expression of public sentiment, speaks for him with greater force than would an expression of opinion from the writer. Thomas F. Davidson was born in Covington, Fountain county, Indiana, February 17, 1839. He was the son of Samuel H. Davidson, Esq., now a farmer living near Hillsboro, an honest and upright man and good citizen. As to the early life of the subject of our sketch, it may be said of him as of all others, that there is little to record. The memories of one's own boyhood are intensely interesting. We cherish them more fondly perhaps than any other; they linger with us even in old, age, like the twilight after other lights have gone out forever; but for others the; career of a boy has one, and but one, interesting feature. We do not and cannot pass judgment upon human character according to final merits. There is a finer feeling, which is universal, and which is close akin to charity, that calls for the boyhood of the man, and regards his early struggles with almost pathetic interest, and such defects of character as we may discover in the man seem only scars received in the first, the fiercest, and most uncertain battle of life. Do we not all of us expect that in the final reckoning we shall receive like charity and be judged according to our several opportunities. So long as the characters of men shall continue to be estimated according to the ratio in which advantages have been improved, the struggles of an ambitious boy will interest mankind. In the case of Judge Davidson it is fair to state that in youth his facilities for culture and mental development were those possessed, in his time, by the average backwoods boy. When fifteen years old he learned the trade of a miller in his father's mill, east of Hillsboro, now known as Snyder's mills. After remaining in this occupation for two years, he worked on his father's farm, near Hillsboro, until the fall of 1860. It was in the summer of 1859 that he took up the study of law, and began to make a lawyer of himself. To this end he borrowed law books from S. G. Wilson and Lew Wallace at Crawfordsville. These he read at home at night, the day being occupied with farm labor. On finishing a volume he went to Crawfordsville and returned it, reciting to Gen. Wallace the book which he had read, and then returning home with another book. After obtaining a license to teach school from John M. McBroom, Esq., he taught one term in the neighborhood during the winter of 1859-60. In the fall of 1860 and the winter following he taught school in Tazewell county, Illinois, still continuing his law studies. There is nothing more to be said concerning his youth, except that his education was received wholly from the common school and one term at a high school in Waynetown, that his social advantages Were such as belong to farm life in the country, and that he never was taught at any university or law school. In the spring of 1861 he settled in Covington as a lawyer. He was permitted by the kindness of Samuel F. Miller, Esq., then recorder of the county, to occupy his office, or a part of it, for a law office. In this manner, and with but few law books and fewer apparent grounds for hope, he entered upon a life work in which only a few succeed. What lawyer has ever forgotten the day, fraught with doubts and fears and with anxious hopes, when he too pushed off from shore, perhaps poorly prepared, perhaps without a hand to help or guide, with an unknown and dangerous sea stretched out before him? But with dauntless courage, partaking of a rugged experience, he announced himself through the usual mediums as an attorney-at-law, soon gained admission to the bar, rapidly improved his mind by study, gathered technical knowledge by observation as well as by reading, cultivated and expanded his social qualities, extended his acquaintance, and secured support and influence in every way. Thus pushing out and building up, he was found after a few years (perhaps three or four) in the enjoyment of a law practice second to none in the county. The successful lawyer will pause here and recall that part of his own experience, when darkness broke away and the sky grew brighter; when the future began to shine with hope; when the toil and sacrifice of years before began to return in the shape of recompense and reward. On May 31, 1865, Thomas F. Davidson was married (Rev. H. H. Cambern officiating) to Miss Eliza E. Tice. She was the youngest daughter of Jacob Tice, Esq., one of the oldest citizens of Covington. In no act of his life has he been more fortunate. It was about this time that he became widely known and generally recognized as an able and successful practitioner. During these few years of trial and preparation he had really educated himself, and in spite of circumstances had overtaken in the race of life most men of his years. Those fortunate ones whose childhood and youth never knew any toil or deprivation will perhaps give but little credit on these accounts; but those who have traveled a rough road, and especially those who have keenly felt the lack of education in their own youth, will be inclined to put a higher value on this measure of success. For several years, and until his elevation to the bench of the circuit, he devoted himself almost entirely to the practice of law, in Fountain and the surrounding counties and the supreme court of the state, giving but little time to politics, a field so tempting to most of the profession, though in 1862 he was a candidate for prosecuting attorney, and in 1868 he was placed on the democratic electoral ticket for the congressional district in which he resided, and made a canvass of the district in opposition to Robert Harrison, Esq., who occupied a corresponding position on the republican ticket. With these exceptions he was not, during this time, a candidate for any office. While engaged, in the practice of law he maintained and advocated a high professional standard, both for himself and others, not only as to matters of courtesy and propriety among attorneys (matters of no small consequence), but also as to the qualification and fitness of those holding themselves out to the world as members of the profession, a matter in which the public have a much deeper interest than is generally supposed; for in no relation of life does there exist a greater necessity for trust and confidence than in that of attorney and client. Never does the client so completely surrender control of his fortune, or of himself, as when he employs a lawyer to conduct an important suit or defense. His record as a practicing lawyer, even in the view of this lofty standard, was pronounced by the bar of the circuit to be at least satisfactory, for in 1870, when only thirty-one years old, and in a large circuit, including many lawyers older than himself, who were eminently qualified in every respect, he received the very hearty endorsement and warm encouragement of a large proportion of the bar as candidate for circuit judge, and though opposed by so able a lawyer as Joseph H. Brown, of Williamsport, he overcame an adverse majority, and was elected by a majority of about 400 as judge of the circuit composed of the counties of Warren, Fountain, Montgomery, Boone and Clinton. After serving for a term of six years he was reflected in 1876, the circuit having been changed by act of the legislature so as to consist of the counties of Fountain, Warren and Vermilion. His opponent was the Hon. W. P. Rhodes, of Williamsport, a lawyer of ability and high standing. In this election Judge Davidson gained upon his opponent more than 1,000 votes, and received a majority of 690 votes. He has occupied the circuit bench for over ten years, and has presided in the trial of a great number of important cases, both civil and criminal, not only in his own circuit, but elsewhere, being often called upon to sit in important trials in various parts of the state. In the fall of 1871 he presided over the celebrated trial of Nancy E. Clem, in Boone county, indicted for the murder of Nancy Young near Indianapolis; and again, in the summer of 1872, he presided over another trial of the same case, the jury in the first trial having failed to agree. Each trial occupied about four weeks. It is needless, perhaps, to say that in many of these cases intricate and important questions were involved, as well as large and important interests. In all the cases, great and small, his decisions have been such as to command the respect of all parties. Generally both parties go out of court believing that the law has been correctly decided. A small number of these cases have been taken on appeal to the supreme court, and of these, so far as decided, it is said that three-fourths have been affirmed. Some of the judgments and opinions pronounced by him have been published by leading law journals and magazines of the country. Aside from his judicial labors, he has written leading articles, which have appeared in the "American Law Register," of Philadelphia, one of the oldest law journals in the country. He is also the author of "Davidson's Overruled Cases," which has proved a great convenience and help to Indiana lawyers; also a work on Executors, which has been found useful as a guide in estates and guardianships. As student, lawyer and judge, certain personal characteristics distinctly appear, and have attracted attention. These are worthy of special note. First, a clear, and therefore active, mind, one whose machinery moves without friction; next, energy, not of the kind which, like the valor of Bob Acres, "will come and go," but continuous and persevering. Aptness for affairs which, in some callings, would be shrewdness, such as quickly comprehends a situation, and as quickly adapts itself to meet it. To these capabilities, which are the gifts of nature, have been added methods of thought and expression, which are of less consequence only because they may be adopted by any one. First among these is discrimination in the acquirement of knowledge, whereby one measures his capacity, his circumstances and his time, economizing all, selecting the best thoughts and the prominent facts, leaving the rubbish for those to gather up who expect to live always. Next, directness of thought and reasoning, as well as of statement, which goes toward truth in a straight line, not spending its force in winding about. To this may be added a bold and fearless disposition, which ignores adverse criticism, and repels the darts of envy and malice, enabling the mind to work freely, without suffering from annoyance and irritation. By these characteristics and their results his judicial career, in particular, has been strongly marked. The dockets of all the courts have been cleared up and kept so. With rare exceptions cases have been tried at the time set down for them, whereby the convenience of parties and witnesses have been greatly subserved. Justice has thus been administered speedily and without delay. The probate business of the circuit has been well cared for, considering the variety of the court's jurisdiction. Guardians or administrators, found to be neglecting or abusing their trusts, have been made to feel the hand of the court. Counsel have understood that points made in argument would be comprehended and appreciated, and that sophistry was sure of detection. The courtroom has been free from unpleasant exhibitions of temper among attorneys. The abusive treatment of witnesses, and tormenting and aimless cross-examinations of them, have been rarely attempted. The general tone of the bar has been elevated so far that not only does propriety and decorum prevail at the sittings of the court, but instances of unprofessional conduct among the members of the bar have been rare. The accomplishment of these latter results without coercion (for no fines for contempt have been imposed) are largely due to the administrative ability of Judge Davidson, and to the respect felt by all for the authority 'of the court and the integrity of its judgments, though very much is also due to the cooperation and aid of the members of the bar. The criminal law, especially so far as it concerned the peace and quiet of community, has received especial attention. No effort has been spared by Judge Davidson to preserve the public peace. Upon this matter his position has been radical, perhaps somewhat unusual. In 1877 very serious troubles occurred among the miners of Stringtown, in Fountain county, which culminated in riots and bloodshed, several persons being killed at different times. For several days great uneasiness and apprehension was felt throughout the county. Judge Davidson was then holding a term of court at Williamsport, but in order that he might be present, in case his presence were needed, he drove to Covington every night during the most dangerous period of the trouble, returning to his court the next morning. He was in favor of maintaining the public peace at all hazards, and at any cost, and was disposed to use all the authority of the court to enforce the settlement of these troubles, and the disputes out of which they grew, by the peaceable methods of the law. In illustration of his position we quote from his charge to the grand jury, which met soon after. After some remarks concerning the particular matter which they were required to investigate, he said: " It must be distinctly understood that there is no man or body of men who can defy the law. If the law is wrong or defective it may be repealed or amended, but while it stands it must be obeyed and its commands executed. When it speaks it is with the voice of authority; it is supreme; its power is the power of the state. Those who are its instruments may die, but the law lives with its rigor and vitality unimpaired. It may be evaded for a time, but its penalties are certain to overtake the, criminal at last. In this country the reign of law is established and secure; the great body of the people are law abiding; they are satisfied with the supremacy of the law, and demand that its behests shall be obeyed. The judges only give voice to the law; it is the power of the people which enforces it. Criminal acts are sometimes thoughtlessly excused, on the ground that the individual ought to be allowed to redress his own grievances when the law will not; or in other words, to make the law and provide the means of enforcing it himself. As a general rule that cannot be said to be a wrong which the law does not characterize as such; but if there are wrongs which the law cannot redress, they must be borne. The good of a whole people is of greater importance than the grievance of any individual. The question in such a case simply is, whether it is better that the few evils which the law cannot remedy shall be borne with patience by those to whose lot they come, or whether established law and order shall be broken up, and whole communities plunged into the uncertainty and confusion of anarchy. The law seeks to furnish a remedy for every wrong, and the remedy must be sought in the law, or there is an end of all quiet and security. Men are too selfish ever to judge impartially in any case where they are interested. They either cannot or will not, in such a case, see the relations they hold and the duties they owe to others. The necessity of a common arbiter is, therefore, clear. The law is that arbiter, and to it all must appeal. There is nothing that will so soon produce bad laws as the toleration of disobedience to good ones. The law which protects human life is a good one; it is the wall of protection between the weak and the strong. It is not always able to stay the hand that seeks to take human life, but it is usually prompt in the execution of its penalties. The law may not always prove a barrier over which the strong cannot break, but it is the only barrier there is; and break it down entirely and there is nothing to save the weak from the rapacity or cruelty of the powerful. There can, therefore, be no toleration of the idea that the laws may be disobeyed with impunity by any person or class of persons; or that any person who feels that he has grievances which ought to be redressed, but which the law will not redress, may make a law for his own case and then execute it himself. To do this would lead to the utter disregard of all law, for no other cause than that in some respects it is thought to be defective. The man who builds a fence around his field does not tear it all down because one part proves weak; nor does a sensible man uncover his whole house because a leak occurs in one place in the roof; neither can we abolish all law, or have its authority disregarded, because it is, in some of its parts, imperfect. If, therefore, there are any who feel that the law does not fully meet their wants or protect their rights they must seek the improvement of the law and not its destruction." The spirit of fairness, and the determination to have the law obeyed, which were exhibited in this charge, did much to allay uneasiness among the people of the county, and to bring about a settlement of these troubles which threatened still greater loss of life and destruction of property. In conclusion, it may be safely and truly said that in the discharge of official duty he has at least endeavored to meet all the demands of his high office, and to discharge its functions faithfully and efficiently. Nothing like weakness has appeared in either his professional or official career; his hand has been vigorous and firm. In common with all mankind he had, and will have, faults, else he would not be human. It is not for any human hand to write any man's complete history. No eye but that of the all-seeing God is fit to behold human nature undisguised. Physically man needs to be clothed. All human character needs to be clothed with the mantle of human charity.