Lake Maxinkuckee Its Intrigue History & Genealogy Culver, Marshall, Indiana

Albertus Clinton CAPRON  



After a brief illness of but three days seriousness ex-Judge A[lbertus] C. CAPRON died at his summer home at Lake Maxinkuckee, Saturday afternoon, at the age of nearly 75 years.

He had been somewhat indisposed for several years with a mild form of diabetis [diabetes] and went to California a year ago and returned feeling much better. He re-opened his law office in Plymouth and prepared to get actively into the law practice again. He and Mrs. Capron were living at their Lake Maxinkuckee cottage for the summer and not until Thursday did Judge Capron show symptoms of being worse. A doctor was called and after an examination of the case pronounced it in a dangerous stage of progress. To this Judge Capron objected and tried to assure the doctor he was mistaken. Friday he was still worse and Mrs. Capron was told that he could live but a day or two at most. Saturday morning, fever and delirium suddenly attacked him and he died at 4 o'clock.

Albertus C. CAPRON was born in Homer, New York and came to LaPorte county as a school teacher in 1852. Later he was a clerk in a Plymouth store and read law when not on duty as a clerk. He read law with the late C. H. REEVE and was admitted to the bar in 1855 and ever since practiced in the circuit court of Plymouth and vicinity. He was elected Judge of the 41st Judicial circuit in 1890 and again in 1896, and served the two terms making a record as a kind and indulgent court, tempering all of his decisions with mercy and due consideration for the offending.

He was twice married, first to Ellen S. WOODBURY, by whom he had a daughter, now the wife of Hon. M. W. SIMONS, of Denver, Colorado; last to Jane E. DILL, by whom he has one son, John C. CAPRON, who resides in California.

The funeral is set for Thursday, if the children arrive by that time, both having started, Sunday.

Members of the Fulton county bar, with Judge BERNETHA presiding took formal notice of the death, this morning, and a committee drafted and spread on record resolutions of respect and honor and another committee is authorized to secure a floral offering and the bar will attend the funeral in a body. - - Monday, May 15, 1905 - The Rochester Sentinel

Note: From: Connecting Capron Cousins Page 50 It is found his middle name is Clinton and he was the son of Giles Barton and Mary Jones (Salisbury) Capron.





Albertus Clinton CAPRON is the Judge of the Forty-first Judicial Circuit of Indiana and ex officio Judge of the Fulton circuit court, and resides in Plymouth.

He is of New England ancestry and was born at Homer, Cortland county, New York. He was brought up on a farm and his early life was marked by no extraordinary events. He obtained a good common school education by the time he was 16 and then attended the Cortland Academy during times he could be spared from the farm. He taught school during the winter months after he became nineteen years old, and this assisted in paying his way in the Academy, from which he graduated in 1852, having taken a classical and preparatory college course.

At the solicitation of some of his relatives he came to LaPorte county, Indiana, in the fall of 1852 and taught school at Rolling Prairie that winter.

During a visit to Plymouth in November, 1852 he was greatly taken with the situation of the town, and with the splendid timber and farming lands he found in the county. He had made up his mind while at school to become a lawyer and during the winter of '52 he was offered a first class opportunity by Hon. C. H. REEVE, to become a law student in his office, which was accepted, and after three years of close application to his studies he was admitted to the Marshall county bar, and in September, 1856, hung out his shingle and opened a law office in Plymouth, and from that time until he was elected Judge in November, '90, he has had no other business and made himself fairly successful as a lawyer. He is, and always has been a democrat in politics but the office to which he was elected is the only one he ever sought.

He has been twice married, first to Ellen S. WOODBURY, by whom he had a daughter, now the wife of Hon. M. W. SIMONS, of Plymouth; last to Jane E. DILL, by whom he has one son, John C. CAPRON, who resides in the same place.

His long residence in this state has made him a thorough Indiania [Indiana] and he is as proud of the State as he would have been had it been his birthplace. - - Rochester Sentinel, Friday, September 20, 1895






History of Marshall County, Indiana
(1908) Mc Donald pg. 249-50

Judge Albertus C. Capron. Judge Capron was one of Marshall county's most accomplished writers. For many years he owned a cottage on the shore of the beautiful Maxinkuckee lake, and no one enjoyed more than he the delightful breezes and charming scenery that met his view, no matter which way he looked. He was especially fond of fishing, and probably the last article he prepared was on the subject of "Fish and Fishing in Lake Maxinkuckee," published in a history of the lake in 1905, the year he died: The closing paragraphs are reproduced here to show the beauty of his style of composition, and the delightful picture he draws of good and bad fishing days. The judge's peroration is as follows:
    "To be even moderately successful one must be fairly well acquainted with the 'lay of the land' in the lake. There are considerable areas that are absolutely barren of fish at all seasons, where one may fish for a week and not get a nibble. Where the water is sixty, seventy or eighty feet deep there are no fish" unless it be a few gars swimming near the surface in a migration from one side of the lake to the other.

    " And there are days when the lake appears absolutely without fish of any kind, when the experienced fisherman with both live and artificial bait may search the bars and gullies of the very best fishing grounds, from 'morn 'till dewy eve,' with not a single strike. But even such a day is not without its recompense to the genuine fisherman, for he is always a lover of nature in her various moods. After a fruitless pull of a couple of hours, and he realizes that the fish are hugging the bottom among the lake weeds and grasses and beyond the temptation of his alluring baits, he can drop his oars and drift idly in the summer breeze that brings to him, across the lake, the odor of the woods, the fields or the new mown hay, and watch the changing colors of the lake as the shadows of the fleecy clouds creep slowly over the surface; or, looking shoreward, beyond the line where land and water meet, his eyes will rest upon a sylvan picture of wooded bluff and Shady beach with their bright tinted cottages nestling among the trees, wordless invitations to the weary to come and find rest therein, and, as the evening comes on and the winds are hushed, and all the west, both sky and water, is painted in gorgeous colors by the glorious sunset, there comes creeping over the glassy lake a tinkling music as of water bells touched by the sparkling streams that gush from the flowing wells and splash upon the margin of the lake. And, as his boat glides to his landing place, the joy and sweetness of life fills up his creel and saunters slowly toward his cottage he feels in his heart more than half glad that it is an empty creel – with nothing dead in it. Surely such a day is not a lost day, not a day to be regretted.

    “And there are other days, red-letter days for the fisherman; days when every good-sized fish in the lakes appears to have awakened up hungry from a tow or three days snooze in the grass, and every one of them seems to be hunting the fisherman’s bait; and, wether anchored on the edge of a bar or trolling deep among the gullies, the time between strikes is little more than enough to adjust a new bait, and get the lines well out again. On these days the catch of a couple of hours half fills the creel with three or four varieties of goodly sized fish – all the small ones discarded and thrown into the lake. On these days the fisherman finds no time to watch the shadows on the lake; no matter how gorgeous the sunset, he sees it not. The winds may waft the door of the spices of Araby across the lake – he perceives it not; the music of the rippling streams that gush from the flowing wells is drowned by the chirr of his reel, and the cottage-lined shores are simply a landing place, where he will beach his boat and step proudly upon the shore, holding up to the gaze of family and friends his wonderful catch on this his lucky day. Well, it’s only human nature to enjoy success, and these are the days the fisherman loves to talk and think of – the days he remembers best.”






Capron, Albertus C. - The mental and physical achievements of the past sixty-five years in magnitude and importance to humanity have risen to a height to be almost awe-inspiring, exceeding as they do all past human effort, except the achievements of the momentous epoch during which the human race gathered itself the intellectual and moral powers which enabled it to rise from its primal brute condition to that of a being endowed with mind and reason.

The well-told story of every life that has passed through these last eventful years presents many instructive lessons, from which the youth may gain inspiration, confidence and a determination to win in the battle of life.

The brilliant career of the successful jurist were are about to consider is on which should encourage young men who war struggling to make a success of life, in whatever field they may have chosen. Albertus C. Capron, the son of Giles B. Capron, is the oldest of five children and was born near the town of Homer, Courtland county, New York.

His mother's name was Mary Jones Salisbury. and she was a descendant of the Salisburys who came into England during the Saxon invasion.

The Caprons are said to have entered England with William the Conqueror.

Judge Capron's maternal grandfather emigrated to Indiana in 1836, driving through with the household effects in two covered wagons, and they settled at Rolling Prairie, in Laporte county, and entered a quarter section of land.

When Judge Capron was quite young, his father moved to the village of Homer, Courtland county, New York, the seat of the celebrated Courtland Academy. They resided here two years, during which time he attended the common schools. Later his father moved to a large "dairy farm", known as "Cold Brook", about a mile north of the old homestead. This farm was owned by Judge John Gillett, and the association with this old judge influenced Mr. Capron's whole life. It was here he learned the meaning of real farm labor, for a dairy required attention on Sunday as well as any other day, and the farming of four hundred acres necessitated a great amount of work, for farming in those days was done without the aid of much machinery. Here he could indulge his passion for fishing, a "Cold Brook" at that time, was filled with trout, and the lad spent may a happy hour catching the "speckled beauties". Later, when his father moved to the paternal homestead, he worked for Judge Gillet by the month in the summer and went to the district school in the winter. When he became old enough to be trusted, he attended Courtland academy, and taught a couple of terms to get means to enable him to complete the course. Samuel Woolworth was president of the institution at the time and his son Judge James Woolworth, late president of the National Association of Lawyers, was Latin instructor.

Judge Capron conceived the notion of becoming a lawyer from his early association with Judge Gillet, who loaned him a few law books. In order to obtain funds to pursue the study of his chosen profession, he decided to teach, and just at this time he received a letter from Indiana informing him that one of his uncles had obtained a school for him at Rolling Prairie.

He came to Indiana in 1852, one of the most important years, in the history of the state, for a new constitution had just been adopted and the legislature had given to the legal profession and the people a code of practice for the courts of the state. The Michigan Central and the Northern Indiana railroads were just being completed to Chicago, and the great "Middle West" was beginning to feel the hum of mighty business enterprises.

In November Judge Capron visited his cousin, William H. Salisbury, who lived at Plymouth, Marshall county, and became so well impressed with the place that he decided to locate there and study law. He found here many "eastern people" who had located in this part of the state and were well acquainted with the older members of his family, and this was a strong inducement for him to take up his residence in this thriving little town. He finished his school satisfactorily and in April, 1953, started for Plymouth.

He entered the law office of Charles H. Reeve, determined to devote all of his time to his study, so that he might finish the law course in three years instead of four. His good resolutions were soon forgotten, for being gifted with some musical ability and being naturally genial and socially inclined, he soon found himself a great favorite in society, mingling in all the social affairs of the town. Then there were the beautiful lakes - Maxinkuckee, Turn Lakes, Pretty Land and Lakes of the Woods, to allure the young law student to their shady banks and try his luck with hook and line.

The first real business he was engaged upon legally was assisting his instructor to find a right-a-way for the Pittsburg, Fort Wayne & Chicago railtrack, which was then in contemplation.

Judge Capron was so favorably impressed with the resources of the county while he was traveling over it engaged in this work, that he decided to locate permanently here. Law at this time was in a transitory period - the new code law was being taken up and the old common law discarded, and this necessitated a great deal of argument upon points of practice and procedure, a splendid training for the law student. Judge Capron soon began to get into the courts and make the acquaintance of some of the greatest lawyers that composed the bar of northern Indiana. Thos S. Stanfield, one of the ablest equity lawyers that ever sat on the bench of the state, was circuit judge until 1856, being succeeded by the Hon. Andrew L. Osborn of La Porte, afterwards on the judges of the supreme court. The judicial circuit then consisted of eight counties of which Marshall county constituted a part, and the lawyers "rode the circuit", going on horseback, by stage coach, in fact in any way that presented itself. The accommodations at taverns were very ordinary, but the hearty good-will of the host and guests made up for any deficiency, and lasting friendships were formed at these inns.

Crowds were attracted while court was in session to hear the brilliant speeches of the lawyers, and young attorneys and students of law obtained inestimable benefit from this source, and its effect is still felt in procedure of the courts north of the Wabash.

Such men as John B. Niles, James Bradley, M. K. Farrand of Palprote; Jonathan Liston, William George and Albert G. Deavitt of South Bend; John A. Baker, William A. Wood, both now federal judges; James Mitchell, a supreme judge of Elkhart; Judge James Frazer, a supreme judge, Elisha Cane Long, late chief justice of New Mexico, of Warsaw; Judge Sidney Keith and Kline G. Shyrock of Rochester; Hon. Daniel D. Pratt, United States Senator, and Horace P. Biddle, a supreme judge, of Logansport; Thos. J. Merrifield, Samuel Anthony, and Judge Hiram A. Gillet of Valparaiso, made the brilliant legal array that was hard to equal in any part of the state>

All the lawyers of this locality who were young in the profession at that time, feel that they owe a debt of gratitude to these old masters who were then hewing their way through the perplexing mazes of the law which a new country, new enterprise and a new legal system were constantly presenting.

Judge Capron, in speaking of them, many of whom have passed away, says: "I feel that I owe to them a lasting regard, for from them I learned lessons in law, in practice, in business and in humanity," and of Chas. H. Reeve, his preceptor, he says: "I found in him a careful teacher, a true and generous friend and an able lawyer".

With the advent of the Pittsburg, Fort Wayne & Chicago railroad Plymouth began to increase in enterprise, population and wealth.
Judge Capron was admitted to the bar in September, 1856, and in 1857 was married to Ellen E. Woodbury. In April of the same year the business portion of the town was destroyed by fire, including his office, containing his law and school books. This miss fortune only proved to be a benefit, for when he reopened his office again all of his clients who owed him paid their indebtedness, and new business came pouring in from all quarters.

He entered into partnership with Mr. Reeve in 1858, which continued for six years, during which time the business flourished and increased.

In September, 1858, his wife died, leaving an infant girl three days old, which his mother-in-law, Mrs. Amanda Woodbury, took and kindly cared for until she grew to womanhood.

In 1868 her formed a partnership with his brother A. B. Capron, which existed for twelve years, or until the brother moved to Denver.

Although the military spirit seems to have predominated in the Capron family, they having furnished a representative for every war from the revolution to the war of Cuba, Judge Capron hired a substitute when he was drafted in the civil war, feeling that he could be more serviceable at home.

In 1867 he was married to Eliza J. Dill and to them an only sone was born in 1871.

in 1888-90 Charles Richardson, one of his law students, became his last law partner, but he preferred the insurance business and he severed his connection with the firm, and now holds a high official position with the National Insurance Company of Hartford, Conn.,

In 1870 Judge Capron was appointed a member of a building committee by the county board to build a new courthouse, which was completed in 1871. Here may be found one of the best-lighted and ventilated court rooms, and one of the best arranged, as far as acoustic principles are concerned, in the northern part of the state.

Plymouth was been very unfortunate, having been totally destroyed by fire twice and large blocks having been burned on three other occasions. This was somewhat detrimental to the business men, keeping them in such circumstances financially that they were unable to developed the vast timber abounding here into manufacturing interests.

After the abolition of the common pleas court this judicial circuit was reduced to three counties, and the first judge of the new circuit was Elisha B. Long of Warsaw. Among the new lawyers who settled here were William B. Hess, Amasa Johnson, captain of company D in the old 19th Indiana Regiment in the war of the rebellion, Sinclair and John W. Parks, sons of James O. Parks, John D. McLaron, George W. Chancy, and Samuel Parker. Then the district was cut down to two counties, Marshall and Fulton, and Judge Sidney Keith, Jacob Slick and Isaiah Conner of Rochester held the office by election, and Judges Corbin and Hess held it by appointment.

During this period came the law additions to the bar - Chas. P. Drummond, Cha. Kellison, Perry O. Jones, Elijah C. Martindale, Smith N. Stevens, Harley A Logan, Leopold M. Laurer, Adam Wise, John C. Capron, John H. Sirk, Frank Boss, John Thomas and Jesse Chaplin of Bourbon, Samuel J. Hayes of Bremen and Calvin A. O'Blemis of Argos, all able lawyers. The Marshall county bar has one unique distinction, not a member was ever fined for contempt of court.

In the early years of Judge Capron's practice he held some minor offices of the town. While he was a student he was appointed assessor, then school examiner for several years, town clerk for two or three terms, and finally her was elected to the board of school trustees, which position he held for ten years.

On the 17th day of November, 1890, he gave up the practice of law to assume the important and honorable office of Judge of the Forty-first judicial district of Indiana, having been elected by the Democratic party of Marshall and Fulton counties. He served his constituency with such honor and distinction that he was re-elected in 1896.

In speaking of his long association with the Marshall and Fulton county bar, Judge Capron says: "I can truly say that no judge can ask to be accorded greater courtesy, respect and uniform kindness than the members of the Marshall and Fulton county bar have shown me during my i ncumbency."

Although the judge is a member of no church the early influence of his grandfather, Barton Capron, who was a Baptist clergyman, has caused him to lean toward the same creed, and he is a firm adherent to the teaching of this church.

He is the father of two children, his daughter being the wife of Millard S. Simmonds; and a son John C. Capron, who is a lawyer in Plymouth.

His son completed his collocate course in Stanford university under David Starr Jordan. He was a captain of Company M of the 157th Indiana regiment, the "Studebaker Tigers", which regiment stood the siege of a Florida summer for twelve weeks in the fever marshes and sand dunes at Tampa and Fernandina.

There were two other captains by the name of Capron in the Cuban army, relatives of Capt. John Capron, and all three men met at an old "inn" at Fort Tampa two days before the troops sailed for Cuba. The two captains, who were father and son, gave their lives for free Cuba. The " Tigers", Capt John Capron's company, though loaded for the expedition, were at the last moment ordered not to go and he returned, bringing every man of the company home alive.

Men of progress, Indiana : a selected list of biographical sketches and portraits of the leaders in business, professional and official life : together with brief notes on the history and character of Indiana Indianapolis: Indianapolis Sentinel Co., 1899, pg. 382-5





Albertus Clinton Capron born Oct 1830 Homer, Cortland, NY and died 5 May 1905 - Marshall, Indiana son of Giles Barton Capron and 'Polly' Mary Jones Salisbury married 1st 1 Jan 1857 Marshall, Indiana Ellen S. Woodbury born ABT 1834 in Morrow Co., Ohio and died 18 SEP 1859 in Plymouth, Marshall Co., Indiana daughter of Calvin Woodbury and Amanda Sally Cushion
his wife died, leaving an infant girl three days old, which his mother-in-law, Mrs. Amanda Woodbury
They had:
    Ellen B. Capron b. September, 1858 and died aft 1910; married 24 Apr. 1878 Marshall county, Indiana Hon. Millard Winfield Simons (Simmons, Simmonds), of Plymouth born MAY 1852 in Ohio and died bef. 1910 son of Titur Simons and Mary [-?-]

married 2nd 1867 Eliza J or Jane E. DILL bor Mar 1852 in Illinois and died aft 1930 daughter of Luther G Dill and Mary Morrison
    John Clinton Capron born Nov. 1871 ; married abt 1895 Harriet Cullen born abt 1875 Indiana.
Year: 1850; Census Place: Scott, Cortland, New York; Roll: M432_493; Page: 263A; Image: 277.
Name: Albertis Capron
Age: 20
Birth Year: abt 1830
Birthplace: New York
Home in 1850: Scott, Cortland, New York
Gender: Male
Family Number: 172

Year: 1860; Census Place: Plymouth, Marshall, Indiana; Roll: M653_278; Page: 616;
Household Members: Name Age
A C Capron 29
Ellen B Capron 9/12
Amanda Woodbury 56
Mary Woodbury 26

Year: 1870; Census Place: Center, Marshall, Indiana; Roll: M593_342; Page: 39B; Image
Household Members: Name Age
Albertus Capron 39
Jane Capron 17
Ella Capron 10
Elizabeth Apple 18

Year: 1880; Census Place: Plymouth, Marshall, Indiana; Roll: 297; Family History Film: 1254297; Page: 142C; Enumeration District: 105
Household Members: Name Age
Millard Simons 28
Ellen B. Simons 20
Oscar A. Simons 11m

Year: 1900; Census Place: Plymouth, Marshall, Indiana; Roll: 391; Page: 5B; Enumeration District: 0072; FHL microfilm: 1240391
Household Members: Name Age
M Winfred Simons 48
Ella B Simons 41
Oscar A Simons 19
Albertus C Simons 18






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