South Bend News-Times, Volume 37, Number 81, South Bend, St. Joseph County, 21 March 1920 — Page 17

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FEATURE, SOCIETY, WOMAN'S, THEATRICAL. AUTOMOBILE and EDITORIAL SECTION SECOND SECTION OUTH VOL. XXXVH, NO. 81. WIRK TELFZKArillf? FKRVICT! IAY ISO MGHT I" I'LL M'.A.SED SOUTH BEND, INDIANA, SUNDAY, MARCH 21, 1920. a hewspaper for the itomi: WITII ALL THE LOCAL NCY.'s PRICE SIX 0SNT3 Leaves From St. Joseph County's First Book of History 'XT THE Fl IVORCE D 1 i

EWS-TOIES

WILL

AND

When "Waggons" and Bedsteads and Chairs Were Among the Most Prized Inheritances of a Pioneer Folk.

Jor.athan G.ir.vco1 Tras a God-fearing man and whon It ramr time for him. as he belieed, to meet his Maker, he took the utniM precautions to leave the surIvlng member of hi family in position to carry on the battles cf the stem frontier life f his day. For Jor.athan Garwood was one of thoe sturdy pioneers who hewed In the wilderness to make a home in which to raise hi family, and when it happened that lie -wan called to another land, where they say there in r o toll or worry or garnering of material wealth, the entire population of the little village of St. Joseph gath- ( ril to do honor to his memory. The sturdy pioneer tolled well during hi? sojourn in the new land from which the white man pushed away the Indian and converted tlio hunting ground"? of Ü Indian into fertile farms. There, wer no 20th century farm implements in thoso day?. and what the earth was made to produce for the sustenance of the early settlers was accomplished without the aid of machinery. Horses pulled the plows that furrowed the land and the peed was town by hand. CAITTAL AT ST. JOSLTII. Jonathan Garwood lived 00 years ago, and at that time South Bend waa not the county seat of St. Joseph county. Instead the county capital was at St. Joseph, hut Fi. Joseph, like Jonathan Garwood, has long slnco passed into memory. Ferhaps the f;irm tilled by Jonathan Garwood is now a part of the land now occupied l y Rlverview cemetery. At least the eite of the first t apital of St. Joseph county in now the last renins place for many of the county's citizens. There are some very dusty, musty record books over at the county court house. Their pages, yellow with ne. pive Koni idea of the enrly life of the first settlers of St. Joseph county 90 years aqo. These record books are seldom disturbed in their resting pla;. in a large ault in th-j office of County Clerk Wilbur M. Warner. Yet the yellow pages of these record books might prove fertile fields of research Into the early history of the county and its inhabitants at that time. LKAVFS A GOODLY IISTATC. Jonathan Garwood waa a hard working man, and when he had finished his earthly labors he left to his wife and five children his acres, his household goods, his farm etock and his savings. There was plenty to go round, even enough for bequests to his grandchildren as well. In those days there were, no record copying typewriters." and probably for that reason penmanship was not r loet art. So when Jonathan Garwood realized that th time for him to leave Iiis loved ones was approaching, he made his last will and testament, and that will and testament of the sturdy polneer is as legible today as it was SO years ago and as easy to read tm it would be had it been placed upon the pages of the used record book with a typewriter. It was on th 12th dAy of July. 1S."0. when Jonathan Garwood decided on the disposal of his personal and ra! property to be made after his death. The capital of the county was then at St. Joseph, and two of St. Joseph's prominent citizens of that r.ay were called to act as witnesses to the last will and testament of Jonathan Garwood. Theso two prominent citizens were John and Paul Fibert, relatives of Judge Egbert, founder of anothtr town in St. Josei h county that for a time rivaled the present capital of the county. Tha will nas also witnessed by Zacharlah Grant and Louis lMward. nn.sT will- iilt:i here. The Garwood will is the first one filed for proLate In St. Joseph county and it occupies the first and second pages of the aged record book. It was riled the .imt year in which the county was organized, and apparently at the first term of the new county circuit court. In those days there were no superior county rourts. those institutions being authorized by the geniral assembly of tho state many yearn later. In transcribing the Garwood will to the record boo'.v I he only forms of punctuation usd by the transcriber were paragraphs, periods and capitrl letters. Revernee for the Dlety was Phown In the heading to tho t.ocuments. TEXT OF TTIi: WILL. The heading contains these words: "In the Name of God Amen." The will reads: T, Jonathan Garwood of the County of St. Joseph and State of Indiana considering the uncertainty e.f his mental life and being of sound and perfet mind and memory do make and publish this my laat will and testament in manner and form following towiL "First I crlve and bequeath unto by beloved Wife Freellliah Garwood two beds two Cows and all the chairs and one third of the money arising from the f-ale of my real estate togather w.th what money 1 have on hand in cash to be at her disposal. I d &l!o Rive and bequeath to my son William Garwood the sum of five dollars. I do also give and bequeath unto my daughter Ann lmckett the sum of five dollars. I do also give and bequeath to my son Joseph Garwood the big four horse waggon. 1 also grlre and bequeath to my son Samuel Garwood the Kuni of one hundred dollars and the dark Lay two year oM top... 1 do also give and bequeath Slsrnor Marconi, the pioneer of wireless conimur.lcati.n, prejents today a marvelous picture of new human triumphs vcr time and space in thei very near future. While reccgnizir.g th- di.i'.culty of "focussing" radial forces ho a to fcond th ir main stream in one direction instead f on divcrgtitg lines, h? boldly prophesies thit FyMeras of Ulepheny and telegraphy which dept-nd.- vi wires will soon be obsolete. l';r'"-t co::in:un:uior. rt j-:..j!s and voices. h f$ s. v. '.ll b ur.iv r..I. ard w ill r.ot bo subject to th" interrupt-.";:'; aul di--'.orations wliicli now mar cur telegraph tr.d teloj lioiio ber ic B sKi.VOIl MARCONI. Writing of w i: t phony, Stimor Marcor.i ar.ii o u n : "Within th.j jrtscr.t year ocal communicatloua

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Inscribed on the yellow pages cf a leather-bound tome In broaci sweeping strokes or in tho cramped script cf a more precise clerk, are tho first official records of life In St. Joseph county. To glance through tho pages of this musty volume, tho first ardor book of the St. Joseph county circuit, is to breathe something of the atmosphere of those early lays. It is stimulating to the imagination as well, for not infrequently the entries are characterized by a tantalizing lack of detail and an igneuuous simplicity of statement revealing nothing but bare facts, bjt most interesting facts. This is the first of a series of articles on the early life in St. Joseph county as revealed in its first court records. Editor.

to my son Jesse Garwood my two horse waggon nnd also two horses tow it the bob hors;" and t hehall mare. I do also give and bequeath to my Grand Son Jonathan Garwood Son of Joseph Garwood the pray dubler colt. 1 do also give and bequeath to my GraVid Son Jacob Garwood son of Joseph Garwood one hundred dollars to be appropriated by his Father Joseph Garwood for an eighty acre lot of land within one year after my decease to be taken out of the money arising from my real and personal estate it is my desire and will that my personal and real estate shall be sold within a year after my decease and after paying one third of the mmcy arising from my real estate to my Wife I'recillah Garwood and the other l"gucirs above mentioned the residue I further chsiro to be equally divided between my throe sons Joseph Garwood Samuel Garwood and Jesse Garwood. I also hereby appoint my son Joseph Garwood the Sole executor of this my last will and testament to sell and dispose of my real and personal property and make distribution as is heretofore described hereby revoking all former wilis by me made. "In witness whereof I have hereunto set my hat ! ami Seal this twelfth day of July One thousand Eight hundred nnd Thirty. "JONATHAN" GARWOOD. "Signed scaled published and delivered by the above named Jonathan Garwood to be his last will and Testament in the presence of us who hae hereunto subscribed our names as w itnesses in tho presence of the testator. "LOT'IS EDWARDS. "ZAOHARIAH GRANT. "PAUL EG HE KT. JOHN' EGBERT." Whether tho misspelled words in the recorded vill are those of the transcriber or of Jonathan ftr rwond is not known. The will is copied as it appears in ihe record book. COUNTY SEAT IS MOVED. On.e year after Jonathan Garwood filed his last will and testament at St. Joseph, the county sat was moved to Southold. which vas a short time later changed in name to South Rend. Although the 108 inhabitants of the new county sat were forced to work hard for a living, they apparently did not have to work so hard as to take from thci.i time for marital troubles. The order book of the circuit court, tho first record of the court, after the court had been moved to South Bend, is another musty, dusty volume, replete with historic lore. On pagre five of this book, transcribed in legible handwriting, is the record of the first petition for divorce filed In the county. The preceding four pjers contain a record of the opening of the court for the October, 1S32. term of the court. John R. I'ortcr was the presiding judcrc. and William McCartney and John Hanker were associate judces. Andrew Ingram was prosecuting attorney and Daniel A. Fullerton was sheriff. Lathroo M. Taylor was the clerk. All these officials were the first of the court. South Bend boasted no permanent court house i:i those days, although Alexis Coquillard and Col. T.tylor donated a site upon which to erect a court house. Tinfirst term of court, which was held In October, is:.:', was held in the tavern of Calvin Lilley. A short tune later a court house costing SS.000 was built. FIRST DIVORCE PETITION. The first petition in the .county for a divorce v.a filed by Matthias Redding against Hannah Redding. It was filed in the October term of the circuit court SS years ago. It appears from the records that Hannah left Matthias. Perhaps she did not like to live in the wilderness, and maybe she was compelled to work too hard. At any rate, Mrs. Redding chose not to live in the little village. Perhaps she longed for something bes.des trees and Indians and work. On page five of the aged court order book appears tho following: "Matthiae Redding "vs. Petition for a Divorce. "Hannah Redding "And now at this day comes the complalnent by E. Egbert his attorney and it appearing to the court upon affidavit filed that the defendant in this case is a nonresident of tho State of Indiana it Is thereupon ordered by the court that the pendancy of this suit be published for three weeks successfully sixty days prior to the next Term of this Court in the St. Joseph Beacon a. paper published in the town of South Bend notifying the defendant to appear at the next term of thi-5 court to answer said petition as the matters therein contained eiephone to transmitted without wires will replace the cumbrous system of today. "Remarkable economic advantages will follow this, because it will dispense altogether with the cost involved in apparatus and the maintenance of lines, r.ot to speak of th- utter elimination of interruptions now so frequent through the affects of bad weather and the occasional Isolation of entire res-ions in consequence cf tnon falls. CHINA'S PROGRI.SS. ' It ii a curious phenomenon that, whilst the most progressive peoples of western Kurope have not yt i-ontrived to adopt wireless telephony on an essentially commercial las-is. China, the most retrograde among nations 1 making daily use of tho wireless telephone for coiniounicitlor.- between urban centers nnd rural d:s?r;. ts which hav- no; been linked up with the ordinär;, telephone system

By C. J. Cooper

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The accompanying photograph is a reproduction of the first p?ge in the first order book of the St. Joseph circuit court. The record is of the first proceedings of the court after it had been moved from St. Joseph to South Bend nearly 90 years ago, and hile court was still being held in Calvin Lilley's Tavern during the erection of the first court house.

will be henrd in her absence." MRS. REDDING IS INDIFITRENT. Either Mrs. Redding did not read those issues of the Beacon containing the notice to her, or else she had decided not to rejoin her husband at South Bend, for a few pages further on in the order book is the record showing that Matthias was now a free man again and fully at liberty to choose another wife. The Atty. Egbert who represented Matthias Redding in his divorce suit is the same E. Egbert who founded the town of Portage, which, like St Joseph, was p rival of South Bend. But all that remains today of the former rival of the present county capital is the name "America stands in the forefront of progress, its inventors having shown themselves capable of producing a really practical instrument for transmitting the human voices by means of electrJ." waves. R CLING Till: WAVLS. "Today we cannot concentrate the expansion of energy within a limited sector of the circle so as to reach the furthest distances, but eventually science will find a way of directing e-tr!e energy without wires in an absolutely straight line. ' The result will 1a less expenditure of er. erg;.- for fchort distances and hence less expense- for messages. "Once directive control lies b"en established w " shall undoubtedly be. able by means of powerful machines to gird the whole world with waves of clertn energy without wires by the simple pressing of a finger upon a transmitting button." Turtles to the subject cf wireicsj telegraphy, Signor

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t: x3 r "Pin Hook," Tvith which Portage was sarcaxtkially dubbed early in its municipal life, and oer which it apparently was not able to survive. SHE LYY NOT HAVE BEEN HERE. And here it may not be amiss to say that perhaps Mrs. Redding nver lived In South Bond ct all. It :'s possible tha.t Matthias wandered to the th- n far west, leaving Hannah to come later. And perhaps MatthLis was not able to induce his wife to brave the dangers of a long journey to join him. And maybe Matthias did not lik? to live alone in what mut have been a lonely village. There have been cas-s like this before and since Matthias Bedding's time. jut in Justice to Closer

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larconi

9 Marconi refers to the notable developments inspired by the great war. He describes a marvelous radio-telegraphic receiver no bigger than a gramophone, by means of which without any other wonted communication with the atmosphere he Is receiving all d.iy long in his studv every scrap of wireless news sent to the Buropean press. He Fays that very shortly, with, an instrument of this kind, "bankers, politicians and bu-intss men in general v.ill be able from minute t-j minut to keen thmeive in contact with both hemispheres." hi: who runs may hhar. "V ry soon, too. that miserable ta-king ma-hir.-v hereupon all newspaper offices depend l,i place to this mlthty mv-ntion v. hi-ii is apt for news-sond-ing. news-rece dvlr.g, ar.l himuluncous co:nmunication with any nunxber ot receiving stations. In this way

Curiously Enough It Was the Husband Who Sought the First Divorce From a Wife Who Abandoned Him.

Mrs. Redding it may be truthfully faM fhnt thee har ben c aes In which a husband 1-ft his wife with promises to send for her as ooc as the r.ir hotn waa prarared. and that time we.it cr. without the wife being sent for. And th'ro ara also cftjs In which a heften-! surd h!s '.vife for dlvorca nndT the nor.reafaeri amern. knowing full well that the r.ewspaper in xrhich tha nonresident notice was published did not ctrcoiaAa tvxt f.r, and thnt the chancea ware many that tha irlfa w;u!d never see the notice. The records at the cocrt house do not ilerioa ail the ircumstances trurrounding the first divorce nuit to t. Joseph county. They merely show that Matthiaa Redding sued his wife Hannah for aeparatlon nd ha wi granted a decree. And this ail happeend 38 jrwa a-fv. AX LMTORTANT TERM. Apparently the October torm of the circuit court hid SS j ears ago was an important term. At thl tarm the grand Jury waa selected. In the handwriting of Cou-.ty Clerk Taylor the records of the ftrFt proceedings of this term are to be found on pape fomr of the circuit court order book No. 1. Col. Taylor tranacrfbad 3.K follows: "Be it remembered that on the 28th dar of October in the rear of Our Lord A. ü. IS32. A term of tha cuit court for St. Joseph County State of Indiina, vitl. bejrun and held In the Town of South Bend preset John R. Porter President Judge, of the first Judicial circuit of the ata.te of Ind. also William MxrCaxtney Br and John Banker earjr associate Judgea of the St Joseph Circuit Court also Andrew Ingram prosecuting attorney of the first JudlcLil Cirlcuit of tha State of Indiana as also Daniel A Fullerton Sheriff of Oa!A County and Lathrop M. Taylor Clerk of nald County of St. Joseph and the Court was opened ia due form of Law. "Now comes Daniel A. Fullerton sheriff and returra the venires which were heretofore issued. "The following grand Jurors appoure a.nd answered to their najnea Lowdy Steveneon. Ell Roe, Pleaeant Harris. Nathan Green. Robert Redding, Peter Johneon, George Wilkeneon, Anthony Defrees, John Smith, Sr, Stanton Porter, John Masse y, William P. Hcwa, Frederic Renter, William Runlon, Peter Ruple. Jacob Harris, George Holloway and Jacob Bowman Whereupon the rurt appoint George Holloway foreman and the said grand Juror were Severally Sworn and retirM to deliberate and Caivin Lilley was sworn as bailiff for Kvid Grand Jury." BAILIFF A TAVKRN KEF PEIL Tho Calvin Lilley mentioned as bailiff of the grand jury was the owner of the tavern In which court wa.i held while the court heu-e donated by Alexis Coquillard and Col. Taylor at a cost of 15 city lota and 13.000 in money was being erected. It is probs.bly only natural that Calvin Lilley should he rewarded for allowing hi tavern to be ued as a court house. It ban been observed that the system of reward has been more or less consistently followed in St. Joseph county a-s well as In other counties throughout the country. How much the tavern owner wai paid in cash, cr whether his appointment a bailiff of the grand jury was his only compensation for allowing the u" of his tavern, does not appear in the records. The v-tuie hglb'e handwriting appears in all of the t'.rst Si. Joseph circuit court records, although the ime freedom in spelling and punctuation i observed. Many of the records appear to be In the hand- ritir.g of Col. Taylor himself. This, .f course. ;k true only during ;ho time that he was e'erk cf the coutt. Cel. Taylor was St. Joseph county's fir.t clerk, nuA it is evident that, he obtained the ufh- without oppr s.tior:. Acso- . -a ted as he wa. with AIom - CjuillMd. v. ho was long ihe county's T.rs. citirn, and Iiis don-itluii with Co'jullhird of 13 lot a!.d $ .! . 0 in r;,i:i'-y to t!;e county as an inducement to c!ian:' the county "-cat fror.: I':. Joseph to South Bend ur.'k ubte.-ly him h!j,h standing amonjr his fellow -it i z i I'OLrTR S NOT ENTIRELY L IvING. J uc what influence' politics exert r d in th" -.-'.( Lti':. .f South Bend as the permaro-r.:. county f-at i- r.ot 4 !.sed by the court rrord.--, f -oury. l the s t-.- - itter.t history cf Col. Taylor would lead ti th" belief that in that ea.r'3' day in ihe hi-'ory of th:5 -rin.u-j.ity poliiirs whü not laxking in its imprtan-e. Lat wills and testaments and ititions for divorce were rot the oidy lefral iloc:r:;ei;ts to occupy the attrition of tht court in the enrly days of its hl-t .r;.-. Kx i :r. lliose early days persons were arr---t-d for gambl;:,r:, ;-.nd indlct.rr.ents for l?;rofr.y were no ur-'-mmon tliir.". Selling spirits to the Indians wa ao an off'n ctüir.on in th.o.-.t; fr-rly days, and a ra: in sinnder. in which prominent members of the community believed th-t their good hamoj had bten dri &.irr- . is to four. 1 among the old reccrds. Alexander Sand lands, a Scotchroa r-.. r.pr'-rB to 1 r!. tlr.t man to take ad vat: tag-? of the ;. it'ir.'-.l.'ra'i-.n :. hi St. Joseph county. On the 7th tiny of April. 1 s S -J . Sar.il'.in!s filed hiK ration in 'j'n court ü the Airil term. His decoration ft foeth th.it he d't-.r"! to rer.ounee alb-giance to any f-.rc ::rn pr!'.--.e. ro'n-.'-arid sovereignty other tlian the go r:.nie;.t of t!:e Umted States of America, and to j..rtir irly rr..r.' " hi allegianc' to illam IV of Great Britain an 1 Ireland. Th" records disclose :hat S.iridl-ir.-:$ v.i -t d to full citizenship as an Airü-nt a:. 9 4 T tOsTS A T V 111 I V the Journals will be able to wipe out orsid' rr Me e -s. besides saving the great loss of t.n.e now : . -viry for disr'atchir.g eparate meneaijo. "In the matter cf popular e j.;- .;j .-. it .s a.-;. to understand the remarkable ir.fl u this ir-r n k destined to exert when ail its rr -.il.(- application' .re fully ileveloped. Before long i.s dt-v!o;-:i r.i u ;i! hav r ach-d a starre when, in C"!.ta ; v.-.th i r. automat: apparatus at the f'ur on.. : s of t'1.. t s ;.l b rf'ins'ered ir I'-ar l'i: .;-..--. th- p. :-"tiay r er t-ss '. y u the M'.r?.' ',- . 'v lirstahr.etit r: raco-:' .egrapn.-- re.:,.: c:ul!z"d jrbbf. in ery juO;.'" !- !..: iir.!. rs!t.' r library, the prevailing h'-ngu:-! :: ":e puM. in international happei -ir.t- v !! 1" . lat".!. and the '. ut: be , p. p,. - r or e ; ,- v. av ever7, r'ov si:"ti.a t;ot . v.; : rr.cst Inve'.erate reader. a.r.J -a Ithr'U outiA."