Charles E. Cox
Encyclopedia
Charles E. Cox was an American lawyer
and judge
who became the 55th justice of the Indiana Supreme Court
, serving from 1911 to 1917. Elected as a Democrat in the Fall of 1910, he was Chief Justice
by the end of his six-year term. The "Marshall Constitution" case and the "Technical Institute" case were among the important decisions made by the court during his tenure. As a judge in the Indiana Supreme Court and in lower courts, he never had a decision
reversed.
Cox began studying law in 1877 while a law clerk
for judge William E. Niblack
, 27th justice of the Indiana Supreme Court. Cox came from a family of lawyers and judges, as brothers Jabez T. Cox and Millard F. Cox also practiced law and spent time as judges in Indiana
.
In private practice
, Cox gained national attention assisting the prosecutor in the 1925 trial of D. C. Stephenson
for the death of Madge Oberholtzer
. In addition to private practice and his tenure on the Indiana Supreme Court, Cox's legal career also included librarian
of the Indiana State Law Library
, Marion County
Deputy Prosecuting Attorney, and city judge of Indianapolis.
when the land was still a British colony
. Cox was a member of the Sons of the American Revolution
, having documented family members who fought against the British in the American Revolutionary War
. This particular branch of the Cox family was originally Quaker
, and operated a mill on the Deep River
in North Carolina
, near the area that eventually became the city of Greensboro
.
A distaste for slavery eventually caused many Quakers to move north. Members of the Cox family moved to Ohio and Tennessee. Cox's father, Aaron Cox, was an Ohio
farmer who moved to Hamilton County, Indiana
, in 1850. In addition to his farm
, Aaron Cox had an interest in politics and served as Noblesville's postmaster
.
Charles E. Cox was the youngest of the three sons of Aaron and Mary (Skaggs) Cox that would become judges in Indiana. He was born on February 21, 1860, at the family farm in Hamilton County. Six years later, the family moved within the county to Noblesville, Indiana
. Charles first attended school in Noblesville. Another six years later, the family moved approximately eighteen miles north to Tipton, Indiana
. By the age of fifteen years, Cox was had completed the Tipton High School curriculum
. He began his working career as deputy audit
or for Tipton County
, and he worked there for one year before spending two years working on the family farm.
for Indiana Supreme Court Judge William E. Niblack
in Indianapolis, Indiana
. Because of Niblack's impaired eyesight, Cox was employed by the judge to read records, briefs
, and law books. Cox also became assistant librarian
of the Indiana State Law Library at that time. In September 1883, the judges of the Indiana Supreme Court appointed Cox librarian, and he held that position until September 1889. During his time as librarian, he completed his legal education and was admitted to the bar
.
Charles Cox began practicing law in Indianapolis in November 1889, joining the law firm (Cox & Beck) of his brother Millard F. Cox and Henry A. Beck. He formed a partnership with John J. Rochford in 1891, which continued until 1895. Cox was also appointed deputy prosecuting attorney of Marion County in 1891, and he served in that position until he became city judge of Indianapolis. Having been elected in the Fall of 1894, Cox was city judge from 1895 through 1899. He served for two terms, but refused a third nomination. Afterwards, he opened an office where he practiced law.
Cox was seated on the Indiana Supreme Court on January 2, 1911, after winning the election in 1910 as a Democrat. Many important cases were decided during Cox’s term, and he wrote the opinions for two Indiana Supreme Court cases that merit attention. First, the court agreed (in a split decision) with an injunction in the "Marshall Constitution" case (Ellingham vs. Dye) that the state legislature (working with Democratic Governor Thomas R. Marshall
) did not have the power to propose both a state constitution and the method to adopt it. Cox wrote the majority opinion
in this case, and it was over 100 pages long. The decision was split, with Cox siding with the two Republican members of the Indiana Supreme Court while the other two Democrats dissented.
The "Technical Institute" (Richards v. Wilson) case is the other trial typically mentioned as significant during Cox's tenure. This complicated case concerned charities, trusts, and the intent of donors. Both the majority (written by Cox) and dissenting opinions (written by associate justice John W. Spencer) in this case were lengthy. By the end of Cox’s term, he was Chief Justice of the Indiana Supreme Court. He was described as “one of the ablest of the many able jurists of the State.”
for 1918 shows that he maintained an office in the City Trust Building. He eventually joined the law firm of Woollen, Woollen & Welliver, and the firm was renamed Wollen, Cox & Welliver. Cox lived in downtown Indianapolis (Center Township
) with his wife and two sons. In 1924, he was elected President of the Indianapolis Bar Association.
During 1925, Cox was involved in a trial that received national attention. The Noblesville, Indiana
, trial is known as the “D. C. Stephenson” case, and involved wealthy and influential Ku Klux Klan
leader D. C. Stephenson
and the brutal rape and death of Madge Oberholtzer
. Stephenson was well connected politically, and was famous for claiming “I am the law in Indiana”. Cox was one of the chief prosecutors in the trial, and was quoted in the New York Times denouncing Stephenson as one who “holds himself above the law” and as a “destroyer of the virtue of women”. The details of the rape outraged many members of the Klan, causing them to leave that organization. Stephenson was found guilty of second degree murder. Unable to get the pardon
he expected, a vengeful Stephenson began naming politicians that helped him gain power. His revenge caused jail time for the Indianapolis mayor and the resignation of other government officials.
By 1930, Cox had moved to a country estate and farm on the northeast side of Indianapolis (Lawrence Township
). A grandfather by that time, his household included himself, his wife, one of his sons and wife, a grandson, and a domestic assistant. Cox was still practicing law with Charles B. Welliver as late as 1932.
, and the Indiana Democratic Club. Cox still maintained an office in the Insurance Building in Indianapolis despite his advanced age. A book described him “as an attorney one of the ablest, as a judge recognized by the people of all parties as one of the best jurists who ever sat as a member of the supreme court of the state of Indiana.”
On February 3, 1936, Cox became ill while at his office, and died that evening at St. Vincent Hospital
. The news of his death spread quickly throughout the state, and on the next day his picture was on the front page of the local newspaper in Indianapolis. Cox is buried at Crown Hill Cemetery
in Indianapolis.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who became the 55th justice of the Indiana Supreme Court
Supreme Court of Indiana
The Supreme Court of Indiana is the state supreme court of Indiana. The court was established by Article Seven of the Indiana Constitution and is the highest judicial authority within Indiana...
, serving from 1911 to 1917. Elected as a Democrat in the Fall of 1910, he was Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
by the end of his six-year term. The "Marshall Constitution" case and the "Technical Institute" case were among the important decisions made by the court during his tenure. As a judge in the Indiana Supreme Court and in lower courts, he never had a decision
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
reversed.
Cox began studying law in 1877 while a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for judge William E. Niblack
William E. Niblack
William Ellis Niblack was a U.S. Representative from Indiana, cousin of Silas Leslie Niblack. Born in Dubois County, Indiana, Niblack attended the country schools and Indiana University at Bloomington....
, 27th justice of the Indiana Supreme Court. Cox came from a family of lawyers and judges, as brothers Jabez T. Cox and Millard F. Cox also practiced law and spent time as judges in Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
.
In private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
, Cox gained national attention assisting the prosecutor in the 1925 trial of D. C. Stephenson
D. C. Stephenson
David Curtiss "Steve" Stephenson was an American Grand Dragon of the Ku Klux Klan in the U.S. state of Indiana and 22 other Northern states. He is considered to have been one of the most successful Klan leaders up until his downfall after his conviction for murder...
for the death of Madge Oberholtzer
Madge Oberholtzer
Madge Augustine Oberholtzer was an American schoolteacher who worked and lived in Indianapolis. Kidnapped and raped by D.C. Stephenson, Grand Dragon of the Indiana Ku Klux Klan, she died of a staph infection from wounds inflicted upon her by Stephenson...
. In addition to private practice and his tenure on the Indiana Supreme Court, Cox's legal career also included librarian
Librarian
A librarian is an information professional trained in library and information science, which is the organization and management of information services or materials for those with information needs...
of the Indiana State Law Library
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
, Marion County
Marion County, Indiana
Marion County is a county located in the U.S. state of Indiana. Census 2010 recorded a population of 903,393, making it the largest county in the state and 55th most populated county in the country, greater than the population of six states. The county seat is Indianapolis, the state capital and...
Deputy Prosecuting Attorney, and city judge of Indianapolis.
Identity and origins
Cox's ancestors came to AmericaBritish colonization of the Americas
British colonization of the Americas began in 1607 in Jamestown, Virginia and reached its peak when colonies had been established throughout the Americas...
when the land was still a British colony
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
. Cox was a member of the Sons of the American Revolution
Sons of the American Revolution
The National Society of the Sons of the American Revolution is a Louisville, Kentucky-based fraternal organization in the United States...
, having documented family members who fought against the British in the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
. This particular branch of the Cox family was originally Quaker
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
, and operated a mill on the Deep River
Deep River (North Carolina)
The Deep River is a tributary of the Cape Fear River, approximately 125 miles long, in north central North Carolina in the United States.- Course :...
in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, near the area that eventually became the city of Greensboro
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
.
A distaste for slavery eventually caused many Quakers to move north. Members of the Cox family moved to Ohio and Tennessee. Cox's father, Aaron Cox, was an Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
farmer who moved to Hamilton County, Indiana
Hamilton County, Indiana
Hamilton County is a county located in the U.S. state of Indiana. Census 2010 recorded a population of 274,569. The county seat is Noblesville....
, in 1850. In addition to his farm
Farm
A farm is an area of land, or, for aquaculture, lake, river or sea, including various structures, devoted primarily to the practice of producing and managing food , fibres and, increasingly, fuel. It is the basic production facility in food production. Farms may be owned and operated by a single...
, Aaron Cox had an interest in politics and served as Noblesville's postmaster
Postmaster
A postmaster is the head of an individual post office. Postmistress is not used anymore in the United States, as the "master" component of the word refers to a person of authority and has no gender quality...
.
Charles E. Cox was the youngest of the three sons of Aaron and Mary (Skaggs) Cox that would become judges in Indiana. He was born on February 21, 1860, at the family farm in Hamilton County. Six years later, the family moved within the county to Noblesville, Indiana
Noblesville, Indiana
Noblesville is a city in and the county seat of Hamilton County, Indiana, United States, located just north of Indianapolis. The population was 51,969 at the 2010 census making it the 14th largest city/town in the state, up from 19th in 2007...
. Charles first attended school in Noblesville. Another six years later, the family moved approximately eighteen miles north to Tipton, Indiana
Tipton, Indiana
Tipton is a city in and the county seat of Tipton County, Indiana, United States. The population was 5,106 at the 2010 census. It is part of the 'Kokomo, Indiana Metropolitan Statistical Area...
. By the age of fifteen years, Cox was had completed the Tipton High School curriculum
Curriculum
See also Syllabus.In formal education, a curriculum is the set of courses, and their content, offered at a school or university. As an idea, curriculum stems from the Latin word for race course, referring to the course of deeds and experiences through which children grow to become mature adults...
. He began his working career as deputy audit
Audit
The general definition of an audit is an evaluation of a person, organization, system, process, enterprise, project or product. The term most commonly refers to audits in accounting, but similar concepts also exist in project management, quality management, and energy conservation.- Accounting...
or for Tipton County
Tipton County, Indiana
Tipton County is located in central Indiana, north of the state capital of Indianapolis. Before the arrival of non-indigenous settlers in the early 19th century, the area was inhabited by several Native American tribes. The county was officially established in 1844 and was one of the last Indiana...
, and he worked there for one year before spending two years working on the family farm.
Legal career
In 1879, Charles E. Cox began the study of law as he clerkedLaw clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Indiana Supreme Court Judge William E. Niblack
William E. Niblack
William Ellis Niblack was a U.S. Representative from Indiana, cousin of Silas Leslie Niblack. Born in Dubois County, Indiana, Niblack attended the country schools and Indiana University at Bloomington....
in Indianapolis, Indiana
Indianapolis, Indiana
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
. Because of Niblack's impaired eyesight, Cox was employed by the judge to read records, briefs
Brief (law)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....
, and law books. Cox also became assistant librarian
Librarian
A librarian is an information professional trained in library and information science, which is the organization and management of information services or materials for those with information needs...
of the Indiana State Law Library at that time. In September 1883, the judges of the Indiana Supreme Court appointed Cox librarian, and he held that position until September 1889. During his time as librarian, he completed his legal education and was admitted to the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
.
Charles Cox began practicing law in Indianapolis in November 1889, joining the law firm (Cox & Beck) of his brother Millard F. Cox and Henry A. Beck. He formed a partnership with John J. Rochford in 1891, which continued until 1895. Cox was also appointed deputy prosecuting attorney of Marion County in 1891, and he served in that position until he became city judge of Indianapolis. Having been elected in the Fall of 1894, Cox was city judge from 1895 through 1899. He served for two terms, but refused a third nomination. Afterwards, he opened an office where he practiced law.
Indiana Supreme Court
Thomas R. Marshall
Thomas Riley Marshall was an American Democratic politician who served as the 28th Vice President of the United States under Woodrow Wilson...
) did not have the power to propose both a state constitution and the method to adopt it. Cox wrote the majority opinion
Majority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
in this case, and it was over 100 pages long. The decision was split, with Cox siding with the two Republican members of the Indiana Supreme Court while the other two Democrats dissented.
The "Technical Institute" (Richards v. Wilson) case is the other trial typically mentioned as significant during Cox's tenure. This complicated case concerned charities, trusts, and the intent of donors. Both the majority (written by Cox) and dissenting opinions (written by associate justice John W. Spencer) in this case were lengthy. By the end of Cox’s term, he was Chief Justice of the Indiana Supreme Court. He was described as “one of the ablest of the many able jurists of the State.”
Post court
Although Cox voted against the Democrats in the "Marshall Constitution" case, he was respected enough to still be selected to be a Democratic candidate for re-election in 1916. However, Cox did not win re-election, as the entire ticket of Democrats lost in the state election. He practiced law in Indianapolis, and a city directoryCity directory
A city directory is a listing of residents, streets, businesses, organizations or institutions, giving their location in a city. Antedating telephone directories, they have been in use for centuries....
for 1918 shows that he maintained an office in the City Trust Building. He eventually joined the law firm of Woollen, Woollen & Welliver, and the firm was renamed Wollen, Cox & Welliver. Cox lived in downtown Indianapolis (Center Township
Center Township, Marion County, Indiana
Center Township is one of nine townships in Marion County, Indiana, in the United States. As of the 2000 census, its population was 167,055, making it the most populated township in Marion County...
) with his wife and two sons. In 1924, he was elected President of the Indianapolis Bar Association.
During 1925, Cox was involved in a trial that received national attention. The Noblesville, Indiana
Noblesville, Indiana
Noblesville is a city in and the county seat of Hamilton County, Indiana, United States, located just north of Indianapolis. The population was 51,969 at the 2010 census making it the 14th largest city/town in the state, up from 19th in 2007...
, trial is known as the “D. C. Stephenson” case, and involved wealthy and influential Ku Klux Klan
Indiana Klan
The Indiana Klan was a branch of the Ku Klux Klan, a secret society in the United States that practiced racism and terrorism against minority ethnic and religious groups. The Indiana Klan rose to prominence beginning in the years after World War I when rising levels of eastern and southern European...
leader D. C. Stephenson
D. C. Stephenson
David Curtiss "Steve" Stephenson was an American Grand Dragon of the Ku Klux Klan in the U.S. state of Indiana and 22 other Northern states. He is considered to have been one of the most successful Klan leaders up until his downfall after his conviction for murder...
and the brutal rape and death of Madge Oberholtzer
Madge Oberholtzer
Madge Augustine Oberholtzer was an American schoolteacher who worked and lived in Indianapolis. Kidnapped and raped by D.C. Stephenson, Grand Dragon of the Indiana Ku Klux Klan, she died of a staph infection from wounds inflicted upon her by Stephenson...
. Stephenson was well connected politically, and was famous for claiming “I am the law in Indiana”. Cox was one of the chief prosecutors in the trial, and was quoted in the New York Times denouncing Stephenson as one who “holds himself above the law” and as a “destroyer of the virtue of women”. The details of the rape outraged many members of the Klan, causing them to leave that organization. Stephenson was found guilty of second degree murder. Unable to get the pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
he expected, a vengeful Stephenson began naming politicians that helped him gain power. His revenge caused jail time for the Indianapolis mayor and the resignation of other government officials.
By 1930, Cox had moved to a country estate and farm on the northeast side of Indianapolis (Lawrence Township
Lawrence Township, Marion County, Indiana
Lawrence Township is one of nine townships in Marion County, Indiana, United States. As of the 2000 census, its population was 111,961. In 2008, the population was 117,431.-External links:* *...
). A grandfather by that time, his household included himself, his wife, one of his sons and wife, a grandson, and a domestic assistant. Cox was still practicing law with Charles B. Welliver as late as 1932.
Death
By the time he was 75 years old, Cox had been married over 50 years. He had three grown children and four grandchildren. He was a member of the First Congregation Church, Sons of the American RevolutionSons of the American Revolution
The National Society of the Sons of the American Revolution is a Louisville, Kentucky-based fraternal organization in the United States...
, and the Indiana Democratic Club. Cox still maintained an office in the Insurance Building in Indianapolis despite his advanced age. A book described him “as an attorney one of the ablest, as a judge recognized by the people of all parties as one of the best jurists who ever sat as a member of the supreme court of the state of Indiana.”
On February 3, 1936, Cox became ill while at his office, and died that evening at St. Vincent Hospital
St. Vincent Indianapolis Hospital
St. Vincent Hospital is a hospital in Indianapolis, Indiana, USA. It is the flagship installation of St. Vincent Health which operates 20 facilities over 46 Indiana counties and is one of the largest ministries in the Catholic health care organization Ascension Health.-History:The Daughters of...
. The news of his death spread quickly throughout the state, and on the next day his picture was on the front page of the local newspaper in Indianapolis. Cox is buried at Crown Hill Cemetery
Crown Hill Cemetery
Crown Hill Cemetery, located at 700 West 38th Street in Indianapolis, is the third largest non-governmental cemetery in the United States at . It contains of paved road, over 150 species of trees and plants, over 185,000 graves, and services roughly 1,500 burials per year. It sits on the highest...
in Indianapolis.