Decatur Democrat, Volume 45, Number 38, Decatur, Adams County, 28 November 1901 — Page 1

ALL THE NEWS ALL THE TIME.

volume xlv.

}^^ il^iiliiliiilAXxi^^^iiiiiiiiiiiii -^ iiiiii - I -XXXXXXIIXXXXXXXXXXIIXXLIXXXXXXXXXXXXXXIXXIXXXIXXXXIIXXXXXIXXXXLIXXXXXXXXXXXXXXIXXXIXXXXXXXLXXI.XXIXXXXXXXXXXXXk’ JUDGE HELLER RETIRES JUDGE ERWIN INAUGURATED e

: JUDGE HELLER. : : — 5 Born in Harrison County, I : Ohio, Marc h 29, 1639. I Graduated at New Hauers- \ : town in lotto. : Began reading law at New; j Philadelphia in 1661. ; Admitted to Ixir at Car-| : roll ton, Ohio, in 1663. I Opened office at riillers-: j burg, Ohio, in August, 1663. ? : Came to Decatur early in: ? 1667. : : : • Appointed school exami-• : nor in ’7l. : Elected county superin-i : tcndent in ’73. : Elected- mayor of Decatur: : in ’65. : i t Elected Judge of 26th | : District in ’69. : Re-elected Judge of 26th I I District in ’94. : Retired from bench No-| Ivember 23, ’oi. ; : * »»»♦•«*♦ »♦ *

THE BENCH AND THE BAR. An event of more than ordinary importance has occured in Adams county this week, D. D. Heller having retired from the high position of judge of the 26th judicial district and the robes of office been doned bv R. K. Erwin. Both men are well known to our readers and indeed to a large number of the citizens of this portion of Indiana. Both are learned jurists and able lawyers who have acquired their honors through years of toil, honesty and faithfulness. Twelve years ago Judge Heller was sworn into office and during that time his oath has never been violated, not once has the dignity of the bench been lowered by a single act of bis. In truth the great profession of law has been honored and the judicial garments gleam forth brighter than ever. His record is an enviable one and has often been spoken of. Within the years he has presided, over 6000 cases have been filed before him, each in turn has been disposed of and in such a manner as to win praise not only from attorneys, but also from the people. Not a single decision has been rendered without the taking of time to study out the intricate questions, the right and wrong. He lacked no sympathy for the oppressed and has ever stood ready to help them in any possible way, but he believed that in the imperfection of human affairs, the individual wrong should succumb to the greater common good, and wit' this aim he has dealt out justice to all. damages to those who deserved them, punishment to the guilty. He made friends with every lawyer who practiced before him by his willingness to aid them in any way, many a young man toiling and worrying with his first law suit was made to feel at ease before him, and what seemed to his troubled mind like labor was made a pleasure by a suggestion here or there from Judge Heller. For forty years he has studied the theories of Black stone, and his followers, and has delved and labored in a manner bound to bring success. He is well prepared for reentering his profession and no doubt will soon regain the reputation as a lawyer which he had when entering upon judicial duties. During the first seven years of his office J udge Hellerjilso held court at Portland, the district being composed of Jay ard Adams county and the bar of that place are profuse in their praises for his conduct among them and Ins discharge of official duties. He retires from office a popular man, esteemed by all who have been in contact with him and with the warmest feeling from his constituency. R. K. Erwin assumed the duties of Judge of the 26th district of Indiana at four o’clock Saturday afternoon when Deputy Clerk James Haefhng administered the oath of office which read as follows; the oath. State of Indiana, County of Adams ss. I, Richard K. Erwin, do solemly swear that I will support the constitution of the United States and the constitution of the state of Indiana, and that I will faithfully, honestly and impartially discharge mv duties hs jndge of the 26th Judicial circuit of the state of Indiana for the term

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of six years from the twenty-third day of November, 1901, to the best of my ability. So help me God. Richard K. Erwin. His inaugaration proper, occured Monday morning and quite a number of citizens were at the court house toI witness same. As the town clock i announced the hour of nine Judge Erwin took his seat and announced ' “Mr. Sheriff you will convene the Adams circuit court.” As he did so he gave the appearance of an old hand at the business, and a stranger would never have guessed that he was hut entering upon his important duties. Before the roll call for business, Hon. R. S. Peterson, President of the Adams County Bar Association arose and expressed his best wishes for a successful administration. He I spoke feelingly of the brotherhood | existing among the lawyers of the bar ; and said he knew’ he voiced the sentiments of all when he said that only the most kindly feeling existed lie tween the bar and the new judge. He was followed in turn by Hon. James T. Merryman and Hon. C. J. Lutz, each of which echoed the words of President Peterson. Judge Erwiu answered in a short talk in which he said “My main object shall be at all times to’act fairly, honestly and im partially.” In a business like man ner he then asked if any member of the bar had a motion to offer, and Attorney Schafer Peterson bears the, distinction of transacting the first i official business. He designated number 6298, entitled I). W. Berry, Louis Holthouse and P. C. McAdoo vs the Toledo, St. Louis and Western Railway Co., and asked that it be set down for trial which was done, the case being set for the seventh Thursday, fortieth day of the term, January 2. Some other minor busI iness was transacted and the opening session of the court stood adjourned. Judge Erwin is well qualified for his exalted position and we predict not only a successful career upon the bench, but a record which will prepare him for even higher honors should his ambitious be so concentrated. He has for years been recognized as an able, learued and fearless lawyer, one of Indiana’s strongest and his abilities and years of hard work will be recognized in the opinions and disposals of the cases before him. The grace and dignity with which he accepted his office Monday show that he will maintain the high reputation for which our court has been noted in the past for courteous treatment, fair dealings and justice to all. In the hands of Judge Erwin the lots of those who must seek redress in the courts, either cfvil or criminal are safe and their rights will be obtained. Os course man will err for all of us are human, but there is sat isfnetion in knowing that should such ‘hing occur it will be solely unintentional and without motive or malice. In honor of the twelve faithful years which Judge Heller has given, his untiring labors for bar and litigants, his numerous favors to all who have transacted business before him, anil in honor of and to show the nigh regard in which Judge Erwin is held a banquet was given by the Bar Association Saturday evening, being held at the Murray hotel in this city begin

DECATUR, INDIANA, THURSDAY, NOVEMBER 2s. 1901.

ningat nine o’clock. The attorneys of Jay and Wells counties,nearly all whom have practiced more or less here were also guests of honor and the occasion will linger in the minds of all who were present as one of the bright spots on memory’s walls. The fifty guests were seated at nine o’clock and for two hours were dined with all the delicacies and other perquisites which go to make up a metropolitan banquet. Beautiful strains of music by an orchestra in an adjacent room, enlivened the occasion and made one feel he was as near complete enjoyment as he ever gets in this sphere. Carnations were given as favors and one adored the lapel of each lawyers coat, while beautiful chrysanthemums were presented the judges. The guests as registered, included the following: From Portland, Frank H. Snyder, A. E. McLaughlin, Theo. Bailey, R. H. Hartford, 0. 11. Adair. Frank Braden, C. E. Schwartz, J. W. Headingtoll, Jacob F. Denny, John F. LaFollette, James Moran, J. Will Kelley, E. E. McGriff, George W. Bergman; from Geneva, S. A. M. Butcher, J. W. Run yon; from city, David E. Smith, R. S. Peterson, B. W. Sholty. Huber M. DeVoss, D. B. Erwin, E. A. Adams, E. G. Coverdale, C. J. Lutz, S. Worden. F. M. Schirmeyer, J. W. Teeple, Paul G. Hooper, J. F. Snow, D. D. Heller, Harry Daniel, H. B. Heller, J. T. Merryman. Irvin Brandvberry, B. F. Kizer, R. K. Erwin, John C. Moran, Schaffer Peterson, Elmer Johnson, A. P. Beatty, J. C. Sutton, L. G. Ellingham, Dan Erwin. John Schurger, David Studabaker, John S. Peterson, Carl O. France, W. H. Niblick, John H. Heller; from Bluffton, Abe Simmons, J. S. Dailey; from Huntington, J. Fred France. At eleven o’clock the feast was concluded with delicious cigars and Toastmaster Beatty in a few well chosen remarks told the purpose of the gath ering. He told of the fraternal feeling between the bars of Jay, Wells, Huntington and Adams county, expressed his admiration for the in-com-ing and out going jurists and announced the first response, “The Ex Judge,” by Hon. J. S. Dailey of Bluff ton. who’ having retired from the bench several years ago, knew whereof he spoke anil delighted his hearers. (). H. Adair of Portland followed on “A New Judge and the Bar,” his response containing many valuable points. “Reminiscencesof the Adams County Bar,” by J udge David Studabaker was one of the most interesting papers we have ever heard and the pleasure with which it was received was depicted on every face. R. H. Hartford of Portland in his usual graceful manner responded to the toast, "The Duties of a Lawyer,” proceeding same with a short econium to the guests of honor both of whom he has been personally acquainted with for a number of years. The responses were each worthy the powers of the learned man who gave them and each is published below. Follow ing the program Judge Heller thanked the guests for their attendance, for the words of praise and for all the kindnesses he has received during his carper in office. Judge Erwin also thanked the attorneys and officers present for their goal greetings and for lining honored in such a manner. Both men were vigorously applauded.

The Portland delegation left for home at 12:37. DANIEL D. HELLER. An Ohioian by nativity was born in Harrison county, March 29, 1839. His career has been an eventful one, full of the ups and downs which go towards the making of a successful lawyer and jurist. His grand parents were among the earliest pioneers of Eastern Ohio having emigrated there eighty years ago from Green county, Pennsylvania. His parents were Henrv Boen Heller and Mary A. Wyandt who were natives of Harrison county, from the time they were four years old. Judge Heller was raised on afarm and until manhood as the oldest child of the family of eight children was greatly depended on for assistance. His early education was received in the common district schools and there by hard work he prepared himself for entrance into the higher grades. In May 1856 he entered the New Hagerstown acadamy which he attended for five sum mer sessions of five mouth each. During three winters of that time he attended his home school which was favored with teachers capable of giving instructions in the higher mathematics and latiu. W hen twenty years old he began teaching and taught two winter terms before grad uating at the acadamy in the fall of 1860. The study and practice of law had ever been bis ambition and about this time he began reading with the firm of Stambaugh & Bartleson at New Philadelphia, Ohio. In April 1863 ho was admitted to the bar at Carrollton, Ohio, and the following August a shingle bearing the inscription “D. D. Heller, lawyer” was hung out Millersburg, Holmes, conn ty, Ohio. He prospered there and was elected town recorder but real izing that better opportunities were presented in the west came to Decatur in the spring of 1867 and has resided here continuously since that time. In 1869 he returned to Millersburg and on July 15th was united in marriage to Miss Anna J. (Airbus then a teacher in the graded schools. To them have been born four children all of whom are residents here and quite well known. In 1871 Mr. Heller was appointed by the Board of Commissioners as school examiner of Adams county and in 1873 when the law abolishing that office went into effect and the office of county superintendent was created ho was chosen as the first occupant of that office. In 1885 he was chosen mayor of Decatur, and served two years. He has during his career as an Adams county citizen served as town clerk, town trustee and school trustee, fulfilling the duties of each in a most competent manner. In the sprint? of 1888 in one of the most exciting conventions ever held in the 26th judicial district he was nominated for judge over four worthy aspirants and was elected the following November by a handsome majority taking his oilice a year later. In 1891 Im was again nominated. defeating Hon. John W. Smith of Portland and was again elected in the fall although a republican land slide swept most every dema'ratic. candidate off the field. During his first term and one year of the second the district was composed

of Jay and Adans counties but the business became so heavy that the General assembly of 1897 divided the circuit making each county a seperate ‘ district, since which time he has pre-1 sided over the Adams circuit court I alone. Judge Headington was ap pointed in the Jay circuit to serve until the next regular election when John M. Smith was elected. Judge Heller has always been an ardent I democrat and until asuming his duties as judge took an active part in polities. He has been a non-partisan judge however and his honest, concientious opinions have won for him the plaudits of the entire bar of Northern Indiana. He will re-enter the law practice and his service will very probably be in goal demand. RICHARD K. ERWIN. This new ascendent to the high office of judge is a native of Adams county, having been born in Union township July 11, 1860, the son of ; David and Mary Ellen Erwin. His ; father was of direct Irish decent, but the family originally came from the Province of Ivernese in Scottland, | where they constituted a powerful and influential clan, but under Chares the Pretender were driven from their ■ homes in Scottland and settled in ! Ireland. In 1710 four others of the family left Ireland and came to Amer ica, settling in different parts of the . country principally in Virginia and ' Maryland, from which their decendents emigrated to the west, settling in Ohio, Kentucky and Tennessee. The father of this sketch came iin- ' mediately from Clark county, Ohio, to the wilds of Adams county, and settled on a farm in Union township in theyear 1839 the same farm on which the subject of this sketch was I born. The father had served in the Sem I inole Indian war in Florida, and at the close of that campaign, came with his i wife to Adams county where he dial January 27, 1879. The K. in the name is from the fact ■ that his grandmother on his father’s side was named Kenney, as also on his mother’ sside, both bore the Christian name of Catharine; of no relation, one I having boon born in London county,; | Virginia, and the other in the city of Philadelphia. He was educated in I the schools of Adams county with one term at the old M. E. college at Fort Wavne, and one term at the county normal in Decatur. His father had six sons all of whom taught in the schools of Adams county. The father having taught the first school over taught in Union township, which was composed of the children of the early settlers of that vicinity, and was held in a log house on the farm which had lieen used as a dwelling for his father for a year or two. The school was held on Sundays only so here the children came as taiay schools bringing their dinner and stayed all day as they do now at the public schools. There was no tuition charged nor conqiensation paid to the teacher. Richard was mar | rial January 17, 1883. at Monroeville. Indiana, to Luella A. Wass, daughter of W. J. B. Wass of Union township, this county, to which union was born j three sons and two daughters. He commenced the practice of law at | Decatur April 1, 1887, in partnership with J. Fred France of Huntington.'

circulation 2800 WEEKLY

NUMBER 38-

* ******** ********* JUDGE ERWIN. : Born in Union township, | : Adams county, Indiana, July: I I I, 1660. j : Educated in districtschools: sand i'l. E. College at Port: : Wcivne. : : Married at Monroeville, In- i ; diana, January 7, 1663. : Ele.ctcd iusticeof the peace: :of Union township in April: : 1364. : : Admitted to bar at Deca-? : tur April I, 1667. : Elected member oi Indi-: : ana Legislature in 1390. : ; : Re-elected In Novemlier, | : 1392. : Nominated for Judge Jan-: : uarij 12,1900. : j Elected Judge In Novem-1 : ber, 1900. : j Began duties as Judge on $ j Monday, Novcmlx:r 25,1901. |

He was elected justice of the peace of Union township at the April election 1884, and served one year; was elect ed in 1890 as a representative to the ; lower house of the Indiana legislature lin Indiana in 1890 and re-elected in ■ 1892. He was chairman of the democratic caucus in the session of 1893 and served on a number of important committees. His nomination to the I high office which he now holds oc ' curred January 12, 1900, and his election followed in November. His popularity among the voters was then clearly demonstrated by his victory in the primary and his enormous majority in the fall election. An incident of Judge Erwin’s boy hood davs mav lie of interest here. When sixteen years of age he became imbued with the idea that the only thing for a young man to do was to seek a fortune iu the far west, and thinking over the idea for some time he finally concluded to go. The subjad was s[x>ken of to father who though not much in favor, foresaw that the time had come for Dick to have his first real lesson of the world, and with the instruction. “When you can think of no place you had rather be, come home; if you need money send word,” he bade him go. The youth started in high spirits dreaming of gold nuggets, vast estates, buffaloes and Indians, and for a time really en i joyed being his own boss and provider. He continual in a westward course until he struck lowa, and then it dawned upon his mind that he was out of money. He could find no work and the only thing remaining was to tramp which he did for about a week. At the end of that time he was sick, footsore and weary, and oh, how he longai for a sight of the dear old home in Union township, and ’tis said that about that time he was siezed with a silent determination that when he again reached home he would never leave. Luckily he struck a wealthy farmer named John Smeltzer, in whose bosom beat a kindly heart and who taik him in and who cared for him until he could sa-ure assistance from home. Dick arrival in due time, his experience trip as he calls it having lasted about six weeks. Uncle | John Smeltzer and Judge Erwin have kept up a continuous correspondence since that time, twenty-five years ago, and no one was happier than he when the news of the ela-tion was received. THE EX-JI'DOE. HON. .1. S. DAILEY. This is an important event in the history of Adams county jurisprudence. An honorai citizen of Decatur is now about to doff the judicial ermine and leave the Bench he has graced for the last twelve years and another equally honorai citizen is to don this robe of puritv and take upon him self the administration of the law for the ensuing six years. I bespeak for ! him. too, a successful career in the ’ discharge of the duties pertaining to his new trust. An eminent J writer , in speaking of this great science han st.id: “(>f law there can be no less ac knowlalged than that her seat is the ' bosom of God. and her voice is the harmony of the universe. All things ' in heaven and in earth do her homage ' the very least as sassing her care and the greatest as not excepting from her I tower. Both angels and men and all,