Decatur Daily Democrat, Volume 34, Number 177, Decatur, Adams County, 27 July 1936 — Page 9

1836 - 1936

Achievements of Century In \danis County

FIRST MAYOR DESCRIBES EARLY DAYS

Iferryman Points I Out Features In I Progress Os City Kunty Seat Site First Designated By Markfl inn Large Oak Tree On Monroe Street—- £ Town Grows to Necessary 2,000 For City £ ( barter in 1882—Courage and Co-operat-E ive Civic Spirit Lauded by Jurist. ■ (By James T. Merryman) H I personally knew, and in my youth was frequently in Blu,me "I Thomas Johnson, who, with Samuel L. Rugg, K|B<h ;in<l t"<> others selected this site upon which the fuHnj'imiitv Seat was located. 'Hie location was designated ■ marking with an ax a large Oak Tree at the east end of ■at Mio" Monroe Street on the west bank of the St. Marys

■pr ■\ aV ,. lived in Decatur and, L thereto for more than 81 K, anti for more than sixty] ■rs past I have lived within the ] E Have witnessed its growth K a village of a few hundred] Ke to its present population Kpproxiinat.lv six thousand. Ln I first knew the village K were no improved streets Em a few plank walks. There K no sewers, uo lights—only E|e lamps and candles, and when Efesired to go down street for E purpose after nightfall he Led a lantern. K river, wells, and cisterns Lsh.-'l the only water supply Kat most of the few homes inEd ot cisterns, soft" water was Kred by placing a barrel at ■ corner of the Cabin to salve L? from the roof. Y'he utipre- ■ K>l purposes. There were no L- ir-es nor parks nor churchEm fraternal societies, but not ■standing the utter dearth of K comforts and conveniences Kh we think indispensible to Kiness. they had their eyes on ■ stars, anil were happy. They ■rss.'i! tlie indomitable will and ■itude in the most adverse cirKnames to build a highway of ■terami- for 'heir posterity, and ■ overflow of their spirit of perMttt endeavor has reached to ■ ora.- ns forward on this Cen■Hal Day. ■ Water Flows Up Stream Bee morning in the early sevBm it was repotted that the Btr was flowing south in the Br Upon investigation it was Bld to be true. We had been ring an unusually extended

Decatur’s First Mayor I W 4 1 1 tri’ . llfeiiM i c*. c I * WWWfw nier^n^* nes T - MerrnnanT'dean of the Adams County Bar, and i ( 'l? tatUr Jurist, who wrote the article bearing his name appeal - lern??? 6re 0,1 this page, served Decatur's first mayor. Shortly «r candy*? becam e a city, an election was held in 1882. There we *ernt d ? u es for the o fnce ot Mayor, Mr. Merryman receiving eight UtaJ? an other three candidates combined. Mr Merry *r2 . ery , active the efforts to secure the city charter He latbaX 8 * J ud «e of the Adams Circuit Court, and is I’™ o ' 1C f«i the '“da* where he hae lived for the past 81 years, lie resides "«WMt corner of Second and, Marshall streets.

DECATUR DALLY DEMOCRAT

l s drouth in the town and throughlout the territory south, and there | had been an unusual downpour of , I rain for some days at Fort Wayne and in the vicinity south of that 1 1 city and the riverbed at Decatur ’ {was practically dry, so the flood ~ waters from the north caused the 11 unusual display of water running , up stream. There was a very per(l ceptiblr* current all day, but late 11 in the evening of that day "we i got ours." It began to rain at aI bout ten o’clock and about 11:30 1 we had a veritable “Cloud Burst.” ' ‘ The water came down as though | poured from buckets and continlued for more than two hours. ' I i was calling at the home of a 1 ■ very estimable young lady on ’i North Second street and about . one thirty — away beyond my usual time of saying good night — ’ it was still raining, but I mention- ■, ed it was time for me to go (as I 1 see it now I think it was only a r pretense) however the fair dam- ’ sei objected, saying 1 might drown. ’' as the water covered the streets 1 ■ (quite likely her protest to my go- ' ing was also pretense). 1 ; Soon after I ventured out home- ’ I ward bound. When I arrived at f I the corner of Old Adams County 1 Bank, the water was bulging up ’ through the cellar grates at Nib- ’ lick’s Store. Every cellar in the ’ business district was overflowing. I The entire town was covered with I water from one to four feet deep. ’ Starting at the bank corner I not--5 iced John Rowers and Frank Craw- ’ ford get in a canoe and they row--5 ed west in Monroe Street to the ! 1‘ (Continued On Page 12)

Centennial Edition

ONLY DAILY NEWSPAPER IN ADAMS COUNTY

BAR HISTORY REVEALS MANY ACHIEVEMENTS Lawyers And Judges Write Brilliant Chapter In Decatur’s Success (By JOHN H. HELLER) Legal controversies seem to have arisen in Adams county, shortly after it became a division of the state. The first case on record Is entitled Alexander Smith, treasurer of school section 16, In township 27, range 15 east, vs Thomas Ruble. Just what it was about is not recorded but the docket shows the case was dismissed in 1838 and the costs duly paid. The first divorce case shown in the local records was filed in 1849, entitled Joseph Ross vs Mary Ross. Something seems to have happened in the way of proving a cross complaint for the verdict went to Mary with Joe holding the sack for $35.00 alimony and $13.78 costs. Somewhat unusual in the records is the divorce case of Rutbanett Gillispie vs John B. Gillispie, filed in ’49. Shortly after, an entry shows the cause continued and up to date never has been heard. Evidently old Cupid shot another dart and the difficulties were duly aujudicateu at home. Judges Distinguished By Dress in those old days, the 1830's and '4o’s, the judges of circuit and common pleas courts were disting uished by their dress, it being the custom while on the bench *. wear high silk hats, silk or satin vest, tall white collar, cutaway coat l doeskin pants and pumps or slippers. A hundred y s ago this county was a part of a circuit including a half dozen or more counties in this part of the state. Later the 26th judicial district was comprised of Adams, Jay and Wells and still later of Adams and Jay. The circuit was divided in 1897, while Daniel D. Heller was on the bench, since which time the 26th circuit has comprised only this county. First Court House Built Shortly after the county was organized in 1836. a frame court house was built on the grounds of the present public square and a few years later two small brick buildings were erected, one at the corner of Madison and Second and the other at the corner of Cort and Second, in which were located the offices of clerk, sheriff, recorder and auditor-treasurer. The present court house was erected in 1872-73. Arrival of First Attorneys According to the information now at hand, the first attorney to locate here was one, Beatty McLellan, in 1840. William H. Baugh came in 1848; W. G. Spencer, 1849; William Carson, 1850; David Studabaker, 1852; John P. Quinn, 1853; James R. Bobo, 1860 and D. D. Heller, 1867. Glancing on through the files of the Democrat and the Eagle, wu find the foilowing, whose names are well remembered by most of the old timers: C. M. France, J. Fred France, who later became clerk of the supreme court; J. F. Mann, now a city judge at Muncie, P. L. Andrews, P. B. Manley, J. T. Thomas, John Bailey, Elias Coverdale, E A. Huffman, R. S. Peterson, Shafter Peterson, J. W. Teeple, P. G. Hooper, A. P. Beatty, J. C. Moran, later judge; L. C. DeVoss, J. C. Sutton, later judge; R. K. Erwin, later judge and still chief justice of the Indiana supreme court. John Schurger, J. F. Snow, B. W. Sholty. F. M. Schirmeyer, Dore B. Erwin, later judge; Frank Cotrell, and Emil Franz, Berne; William Drew, Jacob and S. A. M. Butcher, Geneva. Distinguished Jurists The Adi .ns county oar has long been recognized as one of the strongest, and members have held high offices and taken part in numerous important cases. Richard iv. Erwin, who served as circuit judge here, afterward became a member of the Indiana supreme bench and died while serving as chief justice. J. Fred France, who moved from here to Huntington served eight years as clerk of the Indiana supreme court. Elmer Brothers became a leading attorney in Chicago and a number of others went

Decatur, Indiana, Monday July 27, 1936.

Aerial View — City Power Plant And Swimming Pool In Foreground < w . k Cl ‘ :1, - ■ ’'-«'• 'v * w -•

far in their profession. Hard Fought Murder Case The writer wen remembers the long and hard fought legal battle over the murder of Amos Backestoe in the early eighties, as a result of which Fred Richards and Charles Wurst were sentenced to prison for life and in which case, John T. France, then a young and aspiring attorney, representing the state as prosecuting attorney, made a record that aided him to become outstanding in northeastern Indiana. Numerous other important trials are a matter of record here and leading attorneys of the country have appeared in the Adams circuit court, including the late Benjamin Harrison, fortney president of the United States; Former U. S. Senator Turpie. Senator Benjamin Shiveley; Ex-Gov-ernor Taylor of Kentucky: Former Governor Frank Hanley and others. Circuit Judges The old records and newspaper files show that in 1852, E. A. McMahan was circuit judge and James W. Borden was common pleas judge. Others to follow were: Joseph S. France, common pleas, 1859; David Studabaker, common pleas, 1868: J. M. Haynes, common pleas, 1869; Robert Lowery, circuit. 1870. In 1873, the common pleas court was abolished. Circuit judges here since that time were: James R. Bobo, Daniel D. Heller. Richard K. Erwin, James T. Merryman. David E. Smith, John C. Moran, J. C. Sutton, Dore B. Erwin, C. L. Walters and the present judge, Huber M. DeVoss. R. J. Dawson was prosecuting attorney in 1843, succeeded by E. A.

Engine House, City Fire Department »; i i MT B>_ - sl <lll |H I|Hm - -x-. An attractive and modern engine house, latest fire fighting equipment and well trained firemen give Decatur a tire department unexcelled for efficiency for a city of its size in the United States,

McMahon. W. A. Bugh. W. W. Corson, J. B. Simcoke, zohn McConnell, J. L. Worden, E. R. Wilson, W. G. Spencer, William Smith, J. 1 H. Shell. W. S. Smith, Joseph W. 1 Dailey. Joshua Bishop, L. I. Baker, John T. France. E. G. Vaughn. IRchard Hartford. George T. WhitI aker, David E. Smith. J. C. Moran, Henry B. Heller. J. Fred Fruchte, E. B. Lenhart. John T. Kelly, Nathan C. Nelson and the present official, Edward Bosse. Candidates for the office this year are Arthur E. Voglewede, Democrat and Arthur D. Unversaw. Republican. Vivid in memory of the older folks now are cases which seemed important in those old days, such as line fence disputes, provoke cases resulting from quarrels in which each party would have I the other arrested, suits for re--1 co very as the results of horse’trad|es in which false representation . was alleged and libel suits when I some hot headed pioneer would | lose his temper and call some neighbor a liar or worse. As a , youngster I attended court before , a justice of peace in Blue Creek township, in which four leading attorneys, one of them my dad, battled for several days to adjust | a neighborhood dispute, the de- | tails of which are now forgotten. The present roll of attorneys, i admitted to practice in the Adams |circuit court includes: Present Lawyers James T. Merryman, C. J. Lutz, H. B. Heller, C. L. Walters, E. B. ! Adams, J. F. Fruchte, Ferd Litter- ] er, John T. Kelly, A. C. Butcher, Arthur E. Voglewede. John L. DeVoss. J. W. Teeple, Fred Schurg(Continued On Page 10) I

Recalls Toll Gate Days And Plank Roads Here f , — —

I Those pioneer days in Adams . i County’s history when all grain J was cradled by hand; when plank I roads were first built; when it i took three long days to haul a . ] load of wheat to Fort Wayne; ; when toll gates and oxen were the I rule, are recalled by C. J. Rice in ■ ] commenting upon the life of his i father, James Rice, who was born • in Root Township, January 29, 18- . 54 and died July 20, 1934 at the [ age of 80 years and six months. Mr. Rice relates the building of > the first horse sales barn in De,lcatur by his pioneer father and . i many other interesting incidents in i Decatur’s and Adams County’s historic past. The article follows: My father, J. M. Rice, was the third son of five boys, and he with one sister and four brothers grew up to manhood on his father's farm in Root Township. Work in those days on a farm was hard. Wheat and oats were cut by hand, it was called “cradling.” It took several weeks to cut a field of oats or wheat. Every so far a wooden rake was used to rake the grain up into a bunch, which was then tied into a bundle or sheaf. When the first machine called a grain binder came out it was a wonderful thing and quite a curiosity to the Rice boys, who soon learned to master it, and. oh. what a help and joy it was to cut the small grain. Now in these days it is the “Combiner”. In those days there were no | grist mills here in Decatur and

SECTION TWO

grain was hauled to Fort Wayne, a distance of twenty miles and roads during the rainy seasons and winter months were so bad that it took three days to go and come, until the plank roads were built. There were large trees sawed or hewed out and fitted tight together and grooves or a trench made so that the logs were level; then thick heavy planks nailed, with iron spike nails. Steel nails ' were not known in those days. There was a tavern, or hotel, ] the Nine Mile House, half way between Decatur and Fort Wayne, where travelers could put up as long as necessary. To keep up the roads in good condition there were two toll gates between Decatur and Fort Wayne and every person traveling the road had to I pay toward the up keep of the ] road. Before the "Narrow Gauge Railroad”, now called the Pennsylvania Railroad, my father when a boy had to drive hogs, cattle, sheep and horses to be loaded on a train, either to Monroeville or I Fort Wayne. VThen my father was twenty one : years of age, he was given a team of oxen and the first work he did with them was to haul the first safe that the Old Adams County Bank ever had. It was hauled from the “Narrow Gage” railroad now known as the Pennsylvania. Just one week later he sold his team | of oxen and on April 18,1875 married Mary Jane Kern. They lived on a farm for a year after their marriage, then moved to Decatur. Dad started working for Dan Railing and John Rice. The barn stood on the grounds of the old Shackley Wheel Company. The factory blew up one night and dad had his brother John and Dan Railing to revert the place into a horse barn. The barn was on First Street but it is now torn down to make way for automobiles. He ] worked for Rice and Railing for ■ three years. Then in 1880 started buying horses for the Stultz brothers. After two years buying for them, Doctor Dorwin asked him “Why don’t you buy for yourself, Jim?” My dad replied, “well Dr. I haven’t the jinks.” "All right Jim, go ahead , I will back you tor your first carload of horses.” Dad went out west and didn’t buy just one car load of horses hut he bought two carloads and shipped them to Philadelphia and made money for himself and Dr. Dorwin. He was in the horse business for 40 years. In January of 1906 Le built the first horse sale barn on first street. The back part of the building was a frame building. Later he sold his house off of the front part of (Continued On Page 12)

Civic, Religious, Social, Commercial, Industrial, Agricultural

MCNUTT SENDS MESSAGE TO CITIZENS HERE Governor Os Indiana Congratulates Decatur On Centennial Governor Paul V. McNutt of Indiana, in a letter to John H. Heller, publisher of the Decatur Daily Democrat, extends congratulations and good wishes to the citizens of Decatur and Adams County and commends them for their enterprise in promoting the Centennial. The letter follows: "Dear Mr. Heller: "1 wish to congratulate you up on tlie work of The Decatur Daily Democrat in promoting the centennial of the founding of Decatur, Most of the people obtain their history, as well as other information, from the newspaper. It is a fine thing that the citizens of Adams County have their attention called by your paper to the founding of Decatur and its development through the years. “One hundred years is a long time. I suppose no city one hundred years old can any longer be called young. The coining of such a centennial as that of Decatur is an occasion for two reflections. First, the settlement of the town, its building up from frontier conditions and its subsequent progress furnish an occasion for gratification and congratulation. Secondly, the things which are lacking and the distance yet to be traversed in order to have an ideal community are cause for sober reflection. I feel sure that the observance of [your centennial will be fruitful in I both these respects. “With sincere eongfratulations and good wishes for Decatur and Adams County, I am “Cordially yours, I signed) PAUL V. McNUTT.” 1 o Home “Unscrambling” Starts Pasadena, Cal. (U.R) — American families are just beginning to get “unscrambled,” according to A. L. Lathrop of the California Bankers’ Association. He believes the families which doubled up during the depression will keep real estate activity on the boom during the 10 years necessary for a complete “unscrambling.” o Waste Made Into Bricks London (U.R) — A process of making bricks of all colors from slag, and waste products of the mining industry has been discovered by Lyndall Forse, of Yeovil. Government departments have taken an interest in the discovery, and a plant is soon to be opened at Radstock in the Somerset coalfields. o Writes Message K. Paul V. McNutt Governor Os Indiana Governor Paul V. McNutt, in a letter to John H. Heller, congratulates Decatur upon Its Centennial. and the Decatur Daily Democrat and the civic-spirited citizens for their enterprise in promoting the signal event. The letter la published elsewhere on this page.