ORGANIZATION-FIRST OFFICERS-FIRST GRAND JURY-PROSECUTING ATTORNEY-FIRST ATTORNEY ADMITTED-ASSOCIATE JUDGES-FIRST PROCEEDINGS-SECOND TERM-THIRD TERM-ATTORNEYS ADMITTED-SUCCEEDING SESSIONS-PETIT JURIES-CASES OF CONTEMPT-FIRST INDICTMENTS-JAIL BOUNDS-COURT-ROOMS-GRAND JUROR SAT-LATER TERMS-EARLY MEMBERS OF THE BAR-FIRST SESSION IN COURTHOUSE-INDICTMENTS FOR SELLING WHISKY TO AN INDIAN-CIRCUIT COURT SEAL ADOPTED-DESCRIPTION-OTHER COURT PROCEEDINGS.
The first term of the Delaware Circuit Court met at the house of Goldsmith C. Gilbert, pursuant to the provisions of that part of the organic act which prescribes that the sessions of the Board of Justices be held there, on Monday, the 19th of May, A. D., 1828; Present, Hon. Miles C. Eggleston, President Judge, and John Rees and Lewis Rees, Associate Judges. Proclamation being made, the wheels of justice were put in motion and business proceeded according to the usages of the court. The record then disclosed the following: Peter Noun, Sheriff of Delaware County, now returns into court. �����
The venira juriis, heretofore to him directed, with the following panel of good and lawful men of the county of Delaware; by him summoned as grand jurors, to serve during the present term of this court, to wit: Lemuel G. Jackson, who is appointed foreman of the grandjury, and summoned as such, and Joseph Thornburg, Jonathan Beason, John Wardwick, William Stewart, Richard Thornburg, Henry Mosburgh, Jonathan Bentley, John Stewart, Jonathan Mills, William Bathman, Robert Gibson, Lewis Van Side, Thomas Thornburgh, Joel J. Spencer, and Samuel McCulloch, who, being sworn and charged, retired to their room to deliberate, attended by Joel Vestal, who is sworn as their��bailiff.� Stephen [Septimus] Smith is appointed Prosecutor for the present term of this court, in the room of Cyrus Finch, the regular Prosecuting Attorney.
William Blount was appointed Guardian for William Blount Jones, son of Mary Jones, daughter of said William Blount. The penalty of the bond was $300-David Bragg was security. Charles H. Test was admitted as an attorney at law, in this court, who was sworn in.
John Rees and Lewis Rees were each allowed $2 for one day's service as Associate Judges. Joab Vestal was allowed $1 for service as Constable, waiting on Grand Jury, this term.� James Rariden was admitted as an Attorney. Septimus Smith was allowed $5 for acting as Prosecuting Attorney, pro term,during the present term.� Ordered that the prosecutions pending in this court, be continued until the next term of this court.�The first indictment returned by the Grand Jury of the Delaware Circuit Court was at this first term, and against John Downing for assault and battery. The prisoner being arraigned before the bar of Justice on the charge aforesaid, and required to answer there to, for plea said he was guilty, as charged, where upon the Court assessed against��him a fine of $1. After which the court adjourned to court in course.
The second term of said court convened on Monday, the 17th day of November, 1828, at which time, the President Judge being absent and but one of the Associates, John Rees, being present, court was adjourned until Tuesday morning, the 18th, when, none of the Judges appearing, Peter Noun, the Sheriff, adjourned court until Wednesday morning, November 19. All the Judges being still absent, the Sheriff, in pursuance of law, declared the Delaware Circuit Court adjourned until court in course.
The third term opened more auspiciously. It convened on Monday, May 18,1829, with the following officers present: Hon. Miles C. Eggleston, President Judge; John Rees and Lewis Rees, Associate Judges; William Van Mater, Clerk; and Peter Noun, Sheriff. On proclamation being made that Delaware Circuit court was opened and ready for business.��Martin M. Ray, Calvin Fletcher, Hiram Brown, and Oliver H. Smith, being also present, were, on proper motion, admitted as attorneys and counselors at law, at the bar of this court, and, by order of the Judge, duly sworn and enrolled as such, as appears upon the records of said court remaining. Martin M. Ray then produced his commission as the Prosecuting Attorney for the Third Judicial Circuit of the State of Indiana-in which circuit Delaware County was then situated-which was then engrossed and the necessary oath administered, when he entered upon the discharge of his duties. The first case for trial at this term was the State of Indiana James Liston, for assault and battery.� The accused was arraigned before the Court on said charge and pleaded not guilty there to whereupon, the following jury was impaneled to try the same, to wit Aquilla West, William Wise, John G. Deeds, William Powers, David Lott, Job Garner, William Blount, Jacob Branson, James Adamson, Thomas Crawford, Robert Gibson and Thomas Dewitt. The jury was then sworn, and having heard the testimony were charged by the Court. They then retired, and, after due deliberation, returned into court their verdict, that said defendant was not guilty. This appears to been the first cause submitted to a Circuit Court Jury in Delaware County.�During this term of court, the Prosecuting Attorney had one of the grand jurors, James Jackson, arraigned for being intoxicated and for disturbing the deliberations of Court. Testimony was introduced to sustain the allegation; and the Court, then, being sufficiently advised in the premises, found him guilty as charged, and assessed a fine of 10 dollars against him, which was paid. A more detailed account at this transaction may be found among the pioneer notes, in Minus Turner's narrative. Another incident of the term was, the Sheriff, Peter Noun, was fined $1 for failing to keep back the by-standers during the progress of an important trial, as he had been ordered to do by the Court. This fine, however, was subsequently remitted. A case of contempt was entered at the same term against Thomas Crawford, one of the regular panel of Traverse Jurors, for being intoxicated and thus appearing in court. He was fined $ 5 for his temerity. Serves him right.�
Among the numerous bills of indictment returned at the May term, 1829-some of the proceedings of which have just been noted-there were two for affrays; two for selling whisky with out license; one for trespass and one for betting on a horse-race. Thus was the dignity of courts and the law maintained. Incident to this maintenance of the�law's supremacy; the Court, at the same time, established the following prison or jail bounds, to wit:
Beginning at a stake, bearing north 37 30 west of the center of the jail, and distant there from 109 poles; thence, south 84 30' east, 154 poles, to a dogwood sapling; thence, south 85 30 west, 154 poles, a to a stake; thence, north, 84 30 west, 154 poles, to a hickory sapling; thence, north 53 30 east, 154 poles, to the beginning. Thead mission of a prisoner to the privileges of the fail bounds were simply equivalent to the enlargement of prison limits and was among the first steps toward the abolition of imprisonment for debt one of the relics of barbarism that remained on our statute books until more than the first�third of the nineteenth century had passed. Subsequent legislative wisdom made the prison limits co-extensive with the boundaries of the county. Finally, the law imprisoning individuals for this class of offenses was abolished altogether.������������������
At the July session of the Board of Commissioners for Delaware County, the following names were drawn for grandand petit jurors a for the October term, 1830, and for the March term, 1831, towit: Grand jurors for October term, 1830-Parker Truitt, William Prickett, Richard Thornburgh, Samuel Andrews, John Benbow, Charles Redpath, David Rowe, Jonathan Berry, Aaron Elliott, Benjamin Drummond, Joseph Bennett, Amaziah Beeson, John L. A. Dalman, Riley Marshall, Rezin Malott, William Hardwick, John Ginn, Thomas Littler.
Grand jurors for March term,1831 - Jabez Moore, John G. Deeds, Sr. Peter Simmons, Benjamin Berry, James Adamson, Michael Banning, Norman Lamphire, Jesse Adamson, John Russell, JohnLeonax, Solomon Bowers, John Hayes, Israel Shoemaker, Aquilla West, Stephen Burnett, William Casteel, Ruel Began, William Eply.
Petit jurors for October term 1830 - William Downing, Owen Russell, Henry Taylor, David Brown, William Gilbert,Thomas Mason, John Purdue, John Newland, Garrett Gibson, Enoch Nation, Absalom Edward, Isaac Elliott, Sherrod Brook, Robert Goble, Asahel Thornburgh, Lewis Moor, John Trimble, William Fitzpatrick, Job Swain, Martin Hower, Joshua Small, David Conner, Samuel Bell, Joseph Reeves.������������������������������ ����������������������
Petit jurors, March term 1831- John Jackson, Timothy Templeton, Joseph Hiatt, Daniel Burrowes, RobertMassey, Tristram Starbuck, Henry Renberger, James Lester, Joseph Blount, HenrySmith, Jacob Powers, Ralph Heath, Stephen Brown, Thomas Wharton, John Stewart, David Baggs, Samuel Simmons, William Heal, John Lamb, William�Windsor, Lemuel Jackson, William Blount, Robert McCormack, Thomas Branson. At the October term 1830 - Caleb B. Smith and Samuel Bigger were admitted as attorneys to practice in the Delaware Circuit Court. At the same term, the grand jury, having examined the county jail as was made their duty by law, reported its condition as follows, to wit:� We, the Grand Jury of DelawareCounty, being impaneled and sworn, have viewed the jail of said county, and find it in decent order, but we consider it insufficient as to locks and staples.
October 4,1830 - ENOCH NATION, Foreman Grand Jury
David Kilgore and Thomas C.Anthony were admitted as attorneys at the following term, at which term, also, the grand jury again directed its attention to the condition of the county jail, and reported its insufficiency, when the Court, on motion, summoned the Board of Commissioners to appear, and show why said jail should not be put in good�repair. At the same term, the Commissioners, in obedience to that summons, made report and were discharged; but a subsequent examination made by the grand jury indicated the continued inefficiency of the jail, but otherwise its good condition. Samuel C. Sample was admitted, also, to practice law in this court, at said term and Charles H. Test made report, which was caused to be spread upon the records of the court at that and the previous term; that he had examined the Clerk's office, records, etc., and found the��records well kept, and written in a reasonably good hand. The completed records, however, still want the attestation and official signature to make them authentic.
The April term, 1832, of the Circuit Court, was held in the court house, and appears to have been the first one held in the building constructed for that purpose. At the same term, William J. Brown, after ward Secretary of State, was admitted to practice law in this court. At the term following, Samuel W. Parker and John W. Alley were also�admitted as attorneys.
The grand jury, at the April term, 1833, found a bill of indictment against Samuel C. Walton, for retailing spirituous liquors to an Indian, in violation of law. The defendant's counsel moved the court to quash the indictment, but, after argument, the court, being sufficiently advised, overruled the motion. Upon the motion being overruled by the court, the defendant pleaded guilty to the charge, and was fined $5 as the penalty. Security being given for the payment of this fine and the costs, he was discharged from custody. James O'Neil, Barney DeWitt and Samuel Walton were indicted for a like offense at the next October term, and, upon trial, were respectively fined $5 as a penalty for the violation. Timothy Stewart, indicted for manslaughter, was arraigned and tried on that charge, but the jury found him not guilty, and he was accordingly discharged from custody.
At the April term, 1834, Andrew Kennedy, Jeuh G. Elliott and Cyrus F. Dempsey were admitted as attorneys at this bar, and were sworn as such. Among other proceedings at this term, the Court devised and adopted a seal for the attestation of official papers.The�following is the record made in the premises: The Court now here devise a seal for this Court, and adopt the- same by the following description, to wit: The said device on the seal is an ox, standing on his feet, and in the margin of said seal, encircling the ox, are the words following, to wit: Circuit Court, Delaware County, Indiana,engraved so as to make a permanent impression. A copy of this seal is stamped upon the margin of this record. [Order Book No. 1, page 189.]� This completes our review of the organization and early proceedings of the Delaware Circuit Court, with a large number of the leading�attorneys admitted to practice therein during that period. A complete roll of these, with others subsequently admitted, will be found in the order of their priority, in the chapter appropriated to the Muncie Bar.