Joseph A. S. Mitchell

1837 - 1890

Goshen’s 3rd Mayor

1871 - 1873

Indiana Supreme Court
Justice Biographies

Justice Joseph A. S. Mitchell
(Thirty-fifth Justice) 

Justice Mitchell was born December 21, 1837, near Mercersburg, Pennsylvania, and died December 12, 1890, in Goshen, Indiana. 

He was educated in the Pennsylvania public schools. In 1854, he moved to Illinois and attended Blandisville Academy for two years. He returned to Pennsylvania in 1856 and studied law. He was admitted to the Indiana bar in 1859. 

He opened a law office in Goshen in 1860. When the Civil War began, he enlisted in the Union Army, serving in the cavalry for two years. He re-entered legal practice at Goshen and formed a partnership with Judge John H. Baker. From 1872 to 1874, he served two terms as mayor of Goshen. He also served on the Board of Trustees of DePauw University. 

He was elected to the Indiana Supreme Court in 1884 and re-elected for a second term, but died before his first term was completed. He served on the Indiana Supreme Court from January 6, 1885 to December 12, 1890.

From Justices of the Indiana Supreme Court

Death of Judge Joseph A. S. Mitchell, LL.D.

Judge Mitchell died at his residence in this city this morning, Dec. 12, 1890, a little before 8 o’clock, after being sick nearly three weeks.

Joseph A. S. Mitchell was born in Franklin County, Pa., Dec. 21, 1837. He studied law with Messrs. Riley & Sharp, at Chambersburg, and was admitted to the bar in 1859. Soon after this he came to Goshen, Ind., and engaged in the practice of his profession. When the war broke out he enlisted in the Second Indiana Cavalry and spent two years in the service. He was promoted to the rank of captain, and was a member of Gen. McCook’s staff. After the war he returned to Goshen and again engaged in the practice of law.

In November, 1865, Captain Mitchell was married to Miss Mary E., daughter of the late Hon. Jos. H. Defrees.

Capt. Mitchell devoted himself arduously to his profession, and became one the most successful practitioners of the State. The law firm of Baker & Mitchell, consisting of Hon. John H. Baker and the subject of this memoir obtained a wide reputation for the integrity and professional attainments of its members.

In 1884 Capt. Mitchell was elected a Judge of the Supreme Court of Indiana, and was elected for a second term last November. On the bench, as in his law practice, he proved himself a profound thinker and a man of good judgment. He was honest and honorable in all the walks of life, and could never be swayed by any influences except justice and right. His death is a great loss to our community and to the whole State, but more especially to his family, friends, and to the Methodist church, of which he had long been an influential and devoted member.

Besides the Supreme Judgeship, Judge Mitchell never held any office except that of Mayor of the city of Goshen. He has for years been a trustee of DePauw University, an institution which conferred the degree of LL.D. upon him. He had also recently been appointed a lecturer in the Law Department of DePauw University.

His wife a daughter and a son remain to mourn the loss of a kind and devoted husband and father. Miss Hattie, the daughter, who has been attending school in Boston, Mass., was telegraphed for on Wednesday, but did not get here in time to see her father alive.

The Times joins the large circle of friends of the family in their offer of sympathy, knowing well, however, that all can be said or done cannot console the broken hearts.

The funeral will be held at the First M. E. Church on Monday afternoon at 2 o’clock.

Goshen Daily Times, Thursday December 18, 1890

Resolutions of Respect Passed By the
Council Last Evening.

At a special meeting of the city council last evening, the Mayor, City Attorney and councilmen were present.

After the meeting was called to order Mayor Lesh addressed the Board as follows:

GENTLEMEN OF THE COUNCIL: The sad intelligence has reached us of the death of one of our best and most highly respected citizens. Judge Mitchell was the first City Attorney Goshen had and did much in laying the foundation for our present city government. He served as City Attorney for four years and until he was elected Mayor of the city, in which capacity he served for two years. It is therefore highly proper that we, as a body, pass resolutions of respect for his high character, and, manifest our sorrow in common with all the citizens of Goshen at the loss of such a useful man. He has not only been an honor to our city but to our state as well, having served one term on the supreme bench of our state, and was but recently re-elected to the second term, and in such capacity has made for himself the record of having been one of the ablest Judges the supreme court of the state has ever had.

After His Honor had finished the following preamble and resolutions were read and adopted:

IN MEMORIAM.

It is with profound sorrow that the Mayor, councilmen and officers of the city of Goshen, Indiana, learn of the death of Hon. Joseph A. S. Mitchell, late Justice of the Supreme Court of Indiana, and our honored and beloved citizen of Goshen. And we hereby make record of the high esteem in which the deceased was always held by his associates and all who knew him.

As a man he was of the highest character that man can attain; kind and courteous to all, generous and thoughtful of the wishes, interests and desires of his friends; a devoted husband, a kind and loving father.

As a member of the church, his daily life was an exemplification that there are and can be consistent christian men, though absorbed in the affairs of the world and vexations of public life.

As a Justice he had, by hard work, sustained by pure motives, made the record and was accorded the honor of having been one of the ablest Judges that have adorned the Supreme Bench of the State or Indiana. Judge Mitchell was the first City Attorney of Goshen, beginning with its incorporation in 1868, and continuing in that capacity until 1871, when he was made Chief Executive and served as Mayor for two years.

Therefore, Be it resolved, that in the death of Judge Mitchell there has been taken from us one who was an honor to our city, an honor to the church, an honor to the institution of home, an honor to the attainments of manhood, an honor to bar of Elkhart county, an honor to his profession, an honor to the Supreme Bench of Indiana, an honor to the state; a good man; exemplary citizen, after whom we can all do well to model our lives.

That we in common with all deeply sympathize with the family of the deceased and mourn the loss to our city of one who was all in all that man can attach in this life. 

Resolved, That the above resolutions be spread upon record and a copy thereof be furnished the family of the deceased and each of the Goshen papers a copy for publication.

Resolved, That the Mayor, Councilmen and officers of the city of Goshen attend the funeral of the deceased in a body.

E. E. Mummert, 

Joseph Gallagher, 

Com. George Ort. 

MEETING OF THE ELKHART COUNTY BAR.

A large number of the members of the Elkhart County Bar met in the court room this morning for the purpose of considering the matter of attending the funeral in a body next Monday afternoon.

On motion of Hon. H. D. Wilson the Hon. John W. Irwin was selected as chairman and Harry A. Chester secretary.

Judge Osborne, W. L Stonex, Judge Vanfleet, W. J. Davis, J. D. Arnold, O. Z. Hubbell, James State, Hon. H. D. Wilson, C. W. Miller, James S. Dodge, E. K Mummert and L. W. Wanner spoke fittingly in regard to their high esteem in which the deceased was held by them.

On motion Judge Vanfleet, Judge Osborn and O. L. Hubbell were appointed as a committee on resolutions to report next Monday morning.

Messrs. W. J. Davis, Judge Osborne, Judge Vanfleet, H. D. Wilson and C. W. Miller were appointed as members of the committee of arrangements

E. C. Bickle and Captain Chamberlain, of Elkhart, were unable to be present but signified their intention of attending the funeral. It was decided to have all the attorneys leave for the church from the court room in a body.

THE POST MORTEM

Dr. Latta, Kreider, Harding, Heatwole, Irwin, Whitmer, Ash, and perhaps others, made a post mortem examination of the abdominal cavity of Judge Mitchell this morning. They found the stomach and intestines quite normal, with the exception of a small ulcer or two in the lower part of the rectum, which Dr. Latta had diagnosed previously. The sickness and its result were caused by a stone in the gall duct, about the size of a peanut, oval in shape, and firmly impacted in the duct.

Judge Joseph A.S. Mitchell was born in Mercersburg, Pennsylvania on December 21, 1837. At the age of seventeen, he moved to Illinois. Two years later, he returned to Pennsylvania and began the study of law in the law office of Riley and Sharp in Chambersburg. He was admitted to the bar of Pennsylvania in 1859. Before long, the young lawyer decided to move west to Goshen, Indiana, to practice law. In 1860 when the Civil War erupted, Mitchell abandoned his northern Indiana law practice to enlist in the Union Army. He rose to the rank of Captain and later was made an Inspector General. After the war, he re-entered the practice of law with Judge John H. Baker of Goshen. He then served for a time as deputy prosecuting attorney. Being a successful practitioner, his interests drifted toward politics. His first venture came in 1872 when he was elected Mayor of Goshen. He was re-elected to the post in 1874. By this time, Mitchell had established himself as an influential force in Democratic politics in northern Indiana. He was rewarded in 1880 with the nomination for the Indiana Supreme Court. The year 1880, however, was a Republican year, and the 43 year old lawyer met his first political defeat. Four years later, he was re-nominated and this time was elected to the high court. He was re-nominated and re-elected in 1890, but died before his first term expired on December 12, 1890.

From: "Hoosier Justice: A History of the Supreme Court of Indiana", by Jerome L. Withered, Member of the Bar of the Supreme Court of Indiana.

Note: The quoted history is in error in that Joseph was born on December 21, 1836.

Enlisted as 1st Lt 9/9/1861, Company M, 2nd Cavalry Rgmt Indiana. Promoted to Captain 3/31/1862. Mustered out on 10/4/1864.