Biographical Memoirs of Wells County, Indiana, 1903. pp. 96-99.

HON. JOSEPH S. DAILEY.

An enumeration of those men of the present generation who have won honor and public recognition for themselves, and at the same time have honored the state to which they belong, would stultify consistency were there failure to make prominent reference to the one whose name initiates this review. He holds distinctive precedence as an able lawyer and judge, having served with signal ability as associate justice of the supreme court of the state of Indiana, is a man of recondite attainments and has ever borne himself with that honor and dignity whose natural offspring is unequivocal confidence and esteem from objective sources. He has been and is distinctively a man of affairs and one who has wielded a wide influence. A strong mentality, an invincible courage, a most determined individuality, have so entered into his makeup as to render him a natural leader of men and director of opinion. Aside from his position in public and civic life, there is farther propriety in according him representation in this work, for he is a native son of' Wells County, and this has been the scene of the greater part of his life's earnest labors, his home being in the attractive capital of the county, the city of Bluffton, where he is at the present time still actively engaged in the practice of his chosen profession.

Joseph S. Dailey was born on a farm in Lancaster township, Wells County, Indiana, on the 31st of May, 1844, and is a representative of one of the worthy pioneer families of the state. He was the fifth in order of birth of the nine children of James and Lydia (Garton) Dailey, and of these children four died in infancy. His brother, Lewis W., died at the age of nineteen, while in command of a company of the Twenty-second Indiana Volunteer Infantry, during the war of the Rebellion. His sister, Mary A., died at the age of eighteen, and another sister, Mrs. Rachel L. Sowards, yet survives. The genealogy in the agnatic line records, perhaps, the "short and simple annals of the poor," and yet betokens sterling manhood and noble womanhood, as one generation followed another onto the stage of action. As has been said in a previously published article referring to Judge Dailey. "His paternal ancestors were plain, unpretentious men who performed their several duties modestly and without ostentation. They were content to earn an honest living on the farm or in the shop, without seeking official honors or public favor. He is of the fifth generation by direct lineage from Dennis Dailey, who was a native of county Sligo, Ireland, and who emigrated to America before the middle of the eighteenth century, settling in New Jersey. Both of Judge Dailey's grandfathers attested their courage and patriotism by honorable service in the war of 1812, against England. Both of them were natives of New Jersey; both removed to Indiana and became early settlers of Franklin county. Here his father and mother were married and lived until their first three children were born; they then removed to Allen county, where the fourth was born; thence to Wells County, which became their permanent home."

Joseph S. Dailey secured his early educational discipline in the public schools of Bluffton and then began his technical preparation for his chosen profession by entering the law office of Newton Burwell, of this place, under whose direction he continued his studies for two years. In order to secure the funds necessary to defraying his course in the law department of the state university, he devoted a portion of his time to teaching in the district schools of Wells County and also in the public schools of Bluffton. In 1865 he was duly matriculated in the law department of the university, where he was graduated in 1866, being admitted to the bar of Indiana in that year. He forthwith entered into a professional partnership with the late George S. Brown, who later removed to the state of Kansas, his death occurring in its capital city a number of years later. In October, 1866, within the first year of his active practice in Bluffton, Judge Dailey was elected to the office of district attorney for the court of common pleas, and two years later still further advancement came to him along the line of professional work, since in 1868 he was elected prosecuting attorney for the district in which Judge Lowry, of Fort Wayne, presided. That his services in this capacity met with favor is evident from the fact that he was re-elected in 1870, 1872 and 1874, thus serving four consecutive terms of two years each. Of his career in this office the following pertinent words have been written: "The position secured for the young lawyer not only a reasonable income, but also afforded the desired opportunity for practice. Gaining familiarity with criminal statutes, in conducting investigations before the grand jury, preparing indictments and prosecuting the cases in court, was not the only benefit derived from the service. There was constant incentive to thorough preparation in all the details of procedure. The defense was usually conducted by lawyers of ability and experience, with whom the prosecutor must cope in the preparation of indictments and pleadings, m the marshalling of evidence and the examination of witnesses, and, finally, in the presentation of cases to a jury. This profssional [sic] contact sharpens the intellect and stimulates the desire for superiority. It tends to the cultivation of alertness, quickness of perception and self-confidence. If the young practitioner is favored by nature with the endowments essential to a reasonable degree of success he soon apprehends the futility of depending upon inspiration, and the importance of knowing all the elements and features of his case. Professional pride and persistent application are equally essential. Mr. Dailey soon acquired a good practice. He was not without ambition. In 1878 he was nominated and elected a representative in the state legislature. His record in that body was that of a conservative working member, -- always persistent, always moderate, yet courageous in the expression of his views. As a member of important committees, and in support of measures on the floor, he was influenced in formulating and securing the passage of much legislation. He was also potent in opposing much that was vicious and objectionable. His uniform courtesy and firmness won him the esteem of political opponents. His conscientious regard for public duty secured to him the confidence of all his colleagues and associates. Once afterward he yielded to the importunities of partisan friends and became a candidate for political office. In 1882 he accepted the Democratic nomination for congress and made a race that was hopeless, because of the adverse partisan majority, though his canvass was highly creditable and entirely honorable. Settling down again to the practice of law, he secured a valuable clientage, extending over a large district. In 1888 he was elected judge of the twenty-eighth circuit, comprising the counties of Huntington and Wells, for a term of six years. His service on the bench was alike acceptable to the bar and the populace. He exercised wise discretion and commendable humanity in dealing with youth convicted of violating penal statutes. In most instances of first offense, if the accused had previously borne a good reputation, sentence was withheld and he was allowed to enjoy liberty, after timely advice and warning by the court, so long as good deportment was maintained. In this way boys were reclaimed and saved for good citizenship instead of a life of crime. Before the expiration of his term in the circuit Judge Dailey was appointed judge of the supreme court of the state, by Governor Matthews, receiving his commission to this exalted office July 25, 1893. His qualifications for the office of judge, whether in the trial of causes or in the court of last resort, are unquestionable. First of all, he has the integrity of character. He possesses the natural ability and essential acquirements, the acumen of the judicial temperament. He was able to divest himself of prejudice or favoritism and consider only the legal aspects of a question submitted. No labor was too great, however onerous; no application too exacting, however severe, if necessary to the complete understanding and correct determination of a question. These are, indeed, words of high praise, but the encomium is justified in every particular, for the Judge has proved him a distinct man, in all the term implies, and its implification [sic] is wide. Many of the decisions of the circuit and supreme courts bear the impress of his patient investigation and his logical argument and deductions. As a practitioner he employs none of the arts and tricks of oratory, but his speeches are eloquent in the clearness of statement, the broad common sense of reasoning, the force of logic, earnestness and power. His career on the bench and at the bar offers a noble example and an inspiration, while he has never been known to fail in that strict courtesy and regard for professional ethics which should ever characterize the members of the bar. Faultless in honor, fearless in conduct and stainless in reputation, his career reflects credit upon the judiciary and bar of one of the sovereign commonwealths of the Union. Since his retirement from the bench Judge Dailey has been actively engaged in the practice of his profession in Bluffton, though his range of professional labor far transcends local limitations, as a matter of course. He has as associates in practice his eldest son, Frank C. Dailey, and Abraham Simmons, the large and important business being conducted under the firm name of Dailey, Simmons & Dailey. The writer from whose signally able and appreciative estimate we have hitherto liberally quoted, continues farther, as follows: "The Judge is favored in the possession of a healthful, vigorous constitution, - robust energy and marked vitality. He is in the prime of middle life, which is conducive to the most effectual utilization of all the mental resources. Candid, earnest and sincere, he is a reliable counselor. His popularity as a citizen is the natural outgrowth of confidence in his ability, integrity and sound judgment."

The domestic chapter in the history of Judge Dailey has been one of ideal character, and it would be impertinence to more than lift the veil from the sacred precincts where much of his inspiration, courage and confidence have been born of the grateful influences supplied by the gracious womanhood of his wife and the love and respect of his devoted children, to whom he has accorded the best possible educational advantages, finding ample recompense in the worthiness and usefulness of his children. On the 15th of March, 1870, Judge Dailey was united in marriage to Miss Emma Gutelius, of Bluffton, who is of French extraction in the agnatic line, which traces back to a distinguished surgeon in the French army. She was born in Fairfield county, Ohio, being a daughter of John P. and Henrietta Gutelius. Judge and Mrs. Dailey are the parents of four children, namely: Frank C., who was admitted to the bar of the state and is now associated with his father in practice, as previously noted; Lewis W., who was graduated in the Indianapolis Dental College in 1884, and who is now established in an excellent practice of his profession in Bluffton; Charles Gutelius, who is incumbent of the position of principal of the Bluffton high school, and Blanche who is studying at home.

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