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JUDGE ASA IGLEHART. Levi Iglehart,
the fifth son of John Iglehart, of Anne
Arundel County, Maryland, was born August
13, 1786; married Anne Taylor, and about
the year 1815, crossed the mountains and
settled in Ohio County, Ky., where their
eldest son Asa, was born December 8, 1816.
In 1823, the family moved to Warrick
County, Ind. In later life Judge Iglehart
thus described southern Indiana as it was
when he moved here: "The country was
wild indeed; there were no roads, mere paths,
no wagon roads, no wagons to run in them,
and no houses but log cabins. There was
not more than one or two frame houses in
Warrick county. The whole country was a
wilderness, in which wild game was very
plentiful. Wolves were so bad that the settlers,
we could not call them farmers,
could not raise pigs enough to furnish them
pork, and could not keep sheep at all."
Here he spent his youth, and lived to see
great changes in the country; no one contributed
more by sturdy character and industrious
habits to produce these changes.
The educational advantages of the country
in his youth were also described by him:
"In that new country, where there were no
books, and newspapers were very rare,
opportunities for education were very poor
indeed; but father and mother, especially
the latter, were anxious for the promotion
and education of their children. Stimulated
by her precept, we all early acquired a taste
for books. We subscribed for weekly
papers very early, and supplied ourselves
with what few school books could be
obtained, and went to school, a few months
each winter in the improvised rude cabins,
which were called school-houses in those
rude days. But, in fact, our education was
obtained more at home, from the scanty supply
of books we had, and from our application,
and by stimulating each other.
One of the sources of education and stimulation
was the early Methodist preachers, who
found their way as well to the wild woods of
Warrick county, as every where in this
country which has been reached by civilization.
They were generally better educated
than the most of the people in the country
then were, and they stimulated us to seek
for better educational opportunities; and
though none of us ever went to college
we obtained all the education which was
attainable in those early days without going
to college."
At the age of twenty-four, he
married Anne Cowle, a lady of intelligence
and culture, both literary and social, quite
above her surroundings, whom he sought in
associations, which he describes: "In the
neighborhood adjoining to where the farm
of the senior Iglehart was situated in Warrick
County, across a neighboring creek in
Vanderburgh County, were several families
of English people, who were tradesmen in
London. Around them were clustered two
or three other families of northern Protestant
Irish, constituting one of the most intelligent
rural communities in all the western
country." The influence of this community
upon both the country and city of Evansville,
may readily be seen to this day.
After his marriage, he says, "by seemingly irresistible
passion for learning the law, I commenced
the study while on the farm, and
pursued it with great enthusiasm, little short
of romance, and having been admitted to the
bar at thirty-two, changed my location and
life, and adopted the profession of the law."
In 1849, he removed to Evansville, and
immediately entered the firm of Ingle,
Wheeler & Iglehart, where he remained
until he was appointed Common Pleas Judge
to fill a vacancy in 1854, and subsequently
he was elected without opposition to the
same position. In 1858, he came again to
the bar, after thorough elementary training
and four years' experience on the bench, and
his success came rapidly and certainly.
His natural capacity, his reputation for learning
in the law; his untiring industry, his unyielding
will and integrity, which no one ever
questioned, all combined to make his success
##full and complete. For many years his
income from the practice compared favorably
with that of other leaders of the bar of
the state. His personal acquaintance with
the leading lawyers of the state was very
great.
He was active in organizing the
first state bar association, and was its first
president. He was an original promoter
and member of the bar association of the
United States. He was for many years an
editorial contributor of the Central Law
Journal, and his views on interesting legal
questions were often expressed through this
channel and attracted the attention of the
bar throughout the west. He revised
"McDonald's Treatise" for justices in Indiana,
which subsequently became known as
"Iglehart's Treatise." He prepared with
great labor an original work on "Pleading
and Practice" in Indiana. His was a pioneer
work in this state, where the code practice
is in force. Subsequently other works of
the same general character followed; but
the portion of his work on "Pleading," that
is an adaptation of pleading as it exists at
the common law, to the law in Indiana under
the code, is a concise elementary discussion,
which has not been, and probably will not
be superseded, and is valuable especially to
students of law in this state. These, with
minor literary labors, were performed in
the midst of active practice.
Judge Iglehart's practice in the Supreme Court of
Indiana for many years was great, and his
opinions were always received by that court
with respect. Before the federal court was
established in Evansville, he practiced regularly
in the federal court at Indianapolis,
with men like Hendricks and McDonald, and
he conducted successfully a number of very
important cases through the supreme court
of the United States. Judge Iglehart's mind
was distinguished by clearness of perception,
incisiveness and discrimination of
thought; and such qualities always indicate
a superior order of intellect. Not only
was his reach and grasp of thought clear
and incisive, but it was at the
same time broad and comprehensive.
He very naturally, therefore, took his
place as a jurist at the head of his profession.
There are certain principles of law
that Judge Iglehart traced more fully, and
understood more thoroughly, it is believed,
than any jurist in our state. He was vast in
labors, patient and profound in his researches,
The reports of the decisions of our highest
court of appeal will preserve the conclusive
evidence of all this down into future generations.
The following testimonial was,
among others, given by a resolution of the
Evansville bar: "It was, however, at the
bar that he excelled. It was there he made
for himself the name which we cherish. As
a commercial and corporation lawyer he
was without a peer in Indiana. As a special
pleader he had no rival. He was master of
all the branches and intricacies of our
jurisprudence. For twenty-five years he was
the leader of a bar, made famous by the
names of Blythe, Jones, Chandler, Baker,
Law and others, dead and living. In the
history of Indiana, Asa Iglehart will
always rank with Willard, Judah, Morton
and Hendricks, as one of her great men."
The following estimate of Judge Iglehart's
character as a lawyer has been given by one
who was capable of describing it: "He
was no ordinary man. In native breadth
and strength of mind, in his accurate and
extensive, I might say overwhelming, knowledge
of the law, in his unrivaled capacity
for work a quality which often supplies the
place of genius, which is genius he was
one of the most remarkable men with whom
I have ever met. This was my deliberate
conviction when I first met him, more than
fourteen years ago, and years of association
with him only strengthen this conviction.
The privilege of conversing with Judge
Iglehart, of hearing him discuss legal questions
in the courts, was in itself, if improved,
a liberal education in the law. I never left
him, after even a casual conversation upon
legal topics, but what I felt I had been the
gainer. His grasp upon legal principles
was sure and firm. In this day, when the
multiplication of report has become an
intolerable burden, the tendency in all of us
is to become mere case-lawyers. Too many
of us bow down to the authority of a case,
or a dictum, no matter how ill-considered it
may be, with almost cringing servility.
Judge Iglehart, without the advantage of
early education, who was a self-taught man,
might have been pardoned had he shared
this tendency. But of all men, he was freest
from this bondage. He sought always to
found his contention upon the bed-rock of
legal principles, and when he had found his
sure foundation, he brushed aside the decision,
or even the text-writer, which stood in
the way of his maintenance of those principles
with little ceremony."
On one occasion
he persuaded the supreme court of Indiana
to overrule Judge Redfield, one of the leading
American text-writers. Judge Gresham,
several years after he had sat as judge
of the United States circuit court,
and before whom the leaders of the
bar of the country had practiced,
wrote of Judge Iglehart after his death:
"All things considered, his career was a
remarkable one...I have met few
men who had greater power of analysis,
and, just now, I can recall no one who
examined and briefed a case better...
His life was honorable and blameless."
In his case the man was greater than his profession.
Professions, institutions and states
are the work of man, but man himself is the
work of God. In the underlying personality of
Judge Iglehart were embodied the
largest gifts and rarest qualities of a rich
and noble manhood. There are immutable
moral forces, certain primal virtues upon
which family, society and the state must
rest; with these he was richly endowed, and
these were the sources of his great power.
To him patronage and official recognition
could give nothing. His claim to distinction,
his titles of nobility, his royal investitures
came direct from the hand of God,
his faith in the great fundamental principles
of revealed religion was as the faith of a
little child. He believed that the great verities
of religion were established facts, and
in those facts his soul rested with utter
confidence. To him religion was a matter to
be verified by the test of experience, and
hence, his was a practical religion. The
church of his choice and her interests was
ever before him and her prosperity was
dear to his heart. He was generous in her
support, loyal to her doctrines, and gave, as
a most trusted and faithful official, wise
counsel and cheering words. His home
was ever open to his pastor, and any visiting
minister of his church. He enjoyed the
services of his church, and was devout and
faithful in his attendance. When called
upon, he could always in fitting and earnest
words give a reason for his faith, and while
not demonstrative in words or manner, yet
a close observer could catch a glimpse of a
heart touched and full of feeling, and see his
eyes fill as emotions strong and deep would
touch his inmost soul under the spell of
speaker or song.
He took an early and
abiding interest in educational affairs in
Evansville and abroad. He was for several
years trustee of Evansville public schools
and for many years a trustee of DePauw
University, and gave freely of his time,
counsel and money to its support. He carried
into his daily life, at home and abroad,
a pure Christian character, untarnished and
unstained. No man's life was more unselfish.
His unbounded liberality aided much
to extend the sphere of his influence.
In personal appearance Judge Iglehart was
commanding. He was very stout in frame,
and his massive head was for many years
covered with silver white hair, crowning
the impressiveness of a noble presence.
Ill health compelled him to retire from his
work several years before his death, which
occurred February 5, 1886.
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