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Title: Early Courts and Present Bar
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The commencement of circuit courts in Warren county had connected with it proceedings which are of no little interest, even after the lapse of so many years. The board of justices of Warren county met on the first Monday in March, 1828, and selected the following as grand jurymen: Perren Kent, Samuel Watkins, Amos Clark, Robert Hill, Enoch Strawn, Holder Sisson, Peter Fleming, Lewis Stephens, John Seaman, Daniel Benjamin, John Pugh, James McCord, John Case, of Warren township, and John Case, of Medina township, John S. Reed, Edward Moore, John Jackson and James Bedwell, all of whom were called for the May term, 1828, the first in the history of this county. They were summoned to meet at the house of Enoch Farmer, the place selected by the Legislature for the holding of the circuit court. All were in attendance at the appointed day and place, but, the judge being absent, the court had to adjourn. The next day the judge failed the appear, when the officer adjourned "until court in course," which proved to be September 25th, of that year. At that time and the place before designated Judge John R. Porter, presiding judge, and Nathaniel Butterfield and Samuel B. Clark, associate judges, were present. The postponement of court from spring to autumn had necessitated the call for another grand jury, and when this new jury were called there was not a sufficient number present to make a quorum, hence the jury was discharged, and then the court called up the first case before the circuit court of Warren county. It was entitled the State of Indiana vs. Elizabeth Connor, charged with breach of the peace under charges brought by Justice of the Peace Thomas Kearns. This case was dismissed. The second case was that of Lewis Dequindre and Timothy Dequindre vs. Zachariah Cicott, trespass on the case. The plaintiffs appeared by their attorney, A. Ingram, and the defendant appeared in "his own proper person." The latter, by agreement, confessed judgment to the amount of $539.69, whereupon, by further agreement, the plaintiffs agreed to wait one year for payment of the sum, upon condition that sufficient security be given. The court then ordered judgment in accordance with these stipulations, and taxed the costs up to the defendant. Appended to this order was the following: "April 1, 1830, received this day the balance of the above judgment. A. Ingram, attorney for plaintiff."

The third case, John Glasspell vs. Enos Hankins, domestic attachment, on appeal from justice court the plaintiff appeared by Rogers, attorney in fact, and the defendant "in his own proper person." On motion, the case was continued at the costs of the defendant. The fifth case was a divorce proceedings, the petitioner being Polly Broady vs. Azariah broady. Attorney Patterson appeared for the defendant. Evidence was introduced to prove that the residence of defendant was not within Indiana. The pendency of this suit was published in the Western Register and the Terre Haute Advertiser, to the effect that if the defendant did not appear at the next term of court and answer the bill, the charges would be taken and confessed. the case was then continued, and the court adjourned "until the court in course." thus ended the first term of circuit court in Warren county. It was during this term that a "scroll" was adopted as the legal seal of the court, until otherwise ordered.

the second term of circuit court began May 7, 1829, the presiding judge not being present. Peter H. Patterson, Albert L. White, David Patton, Jacob Aughlin and Theodore C. Caw were sworn in and admitted as counselors at law. The case of John Glasspell vs. Enos Haskins was dismissed, on motion of the defendant, for want of a sufficient affidavit in the proceedings below. The divorce case, Broady vs. Broady, was dimissed on motion of the complainant, upon whom the costs were taxed. A petition for divorce was presented by Elizabeth Barnes vs. Elijah Barnes, the former being represented by her attorney, D. Patton. The defendant was absent, and the case was continued by publication according to the law. The grand jury found true bills as follows: The State vs. Seth Shippy, for an assault and battery; the State vs. John Dixon, for aiding and assisting in assault and battery. The jury was then discharged. In the case of John Conner vs. David White, Constantine McMahon, John E. Smith, Francis Boggs, John Jackson, Luther Tillotson, Lawrence Rains and Isaac Rains. The jury gave the plaintiff $194.62 damages and the costs, amounting in all to $286.

[Page 244-245.]

Date: 1/1/1913
Origin: Past and Present of Warren and Fountain Counties Indiana
Author: Thomas A. Clifton, Editor
Record ID: 00001383
Type: Book
Source Archive: Williamsport-Washington Township Public Library
Date Entered: 8/10/2001
Collection: Williamsport-Washington Towship Public Library
Entered By: Leslie J. Rice

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