USA > Pennsylvania > Blair County > A history of Blair county, Pennsylvania. From its earliest settlement, and more particularly from its organization, in 1846 to June 1896 > Part 13
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10
SEMI-CENTENNIAL HISTORY OF BLAIR COUNTY.
a verdict October 20, 1846, for plaintiff of $139.45.
The first record of an action of ejeetment was that of James Stevens vs. J. Helfmitter, in which ' case, either for supposed legal reasons or from there was on the 20th October, 1846, a verdict for plaintiff. scruples of conscience, he declined to issue his warrant of death. Hutchinson remained a long During that same week five cases were tried, and one non-suis entered after the jury was sworn. Names of counsel are not given. time about the prison, helping in the daily work and going freely about the town, refusing to leave One day, however, he went quietly away, no man pursuing, and he died some years later in an eastern eounty.
The first divorce suit was brought by Mary Armstrong against her erring and delinquent husband, John. Mr. Coffey conducted the ease and obtained for Mary the coveted decree.
The first execution was issued by James Murty vs. John Dougherty to obtain $23.75 and costs. The sheriff does not seem to have ever returned his writ.
The first case in which was made a motion for a new trial was in Bride & MeKeehan vs. Zeeli- ariah G. Brown. No. 23, August term, 1843, brought from Huntingdon county. The verdict was for plaintiff's for $563.53, and Mr. Brown's lissatisfaction is expressed by his motion for a new trial. Judge Black was possibly no more favorable to re-trials than modern judges, and the motion was refused. Mr. Brown was in his day a well known citizen and litigant.
The first auditor appointed was Titian J. Coffey, on the 2d January, 1847. This method of adjudicating many questions arising in the set- tlement of estates and distribution of moneys has grown in favor and is employed with tre- quency and with convenience to the court and bar to this time.
In the criminal department of the court there have been interesting cases, which, at the time of their disposition, elicited great professional as of Levi Knott, the brother of his wife, and in- well as public attention. I recall some of them.
In June, 1855, a negro slave ran away from his master in Virginia, Mr. James Parsons. He reached this town on his way to Canada, but was closely followed by Parsons. As the negro en- tered a ear early one morning to eross the moun- tain on the Old Portage railroad he was dis- covered by Mr. Parsons, who entered the car at the other end at the same time. The negro in- stantly fled, pursued by Mr. Parsons, who caught him in Gaysport and brought him down to a point near the present Kellerman house. The occur- renee produced great excitement. The entire eo ored population was aroused and those staunch democrats, General George W. Putts, Major J. R. Crawford and Colonel John Piper, with other prominent white citizens, at once came to the aid of the slave, and under the guidance of Snyder Carr, a colored barber, and others of his race, the refugee was taken in charge and spirited away, so that he was seen no more. Parsons, however, was arrested upon the charges of kidnaping, a, sault and battery and breach of the peace and bound over to appear at the July sessions. Bills were found by the grand jury, but the trials were continued to the Octu- ber sessions. At the appointed time Par ons ap- perred with his counsel, Cnarle- J. Faulkner and J. Randolph Tucker, appointed by the governor of Virginia. After the commonwealth had pro- gressed in the trial Mr. Hammond, the district attorney, by leave of court took non-suits and the prisoner was released.
At ti is time, in view of the fugitive slave law, publie feeling ran very high and runaway slaves all over the north were aided by the whites in their attempted escapes. Besides, the appear- anee of such eminent counsel sent by the great commonwealth of Virginia gave the occurrence a significance and an eelat entirely exceptional in the history of the bar.
Since the organization of this county there have been found by the grand jury forty-one in- dietments for murder. Of these four were found guilty of murder in the first degr. e. The others were either acquitted or convicted of manslaug ;- ter or murder in the second degree. The four who were convicted of murder in the first de- gree were: Alex Hulehinsomn, killing a negro; James Shirley, killing his wife; David S. McKim, killing his young traveling companion, Samuel Norcross, and Dr. Lewis U. Beach, killing his wife.
Hutchinson'scase bad a most unusual conclu- s'on. He was convicted at the December ses- sions, 1850, near the close of Governor W. F. Johnston's official term. For some reason not ex- plained the war rant for the p isoner's execution was not issued by the governor before his term
expired. Governor William Bigler succeeded him, and when his attention was called to the
Shirley was hanged in 1853, and his was the first capital execution. George A. Coffey was the prosecuting attorney, having been deputized by Joseph Kemp, who was the district attorney.
McKim's case attracted a good deal of atten- tion. He had traveled to Altoona with young Norcross, a stranger here, won his confidence, be- guiled him into leaving the train and going a short distance west of town, to obtain the little money he learned from him he possessed, he eruelly murdered him. The prosecution was conducted by Mr. Hammond and William A. Stoke, then an eminent and able lawyer, em- ployed by the Pennsylvania Railroad company.
The defendant relied upon Mr. Hofius Mc- Kim was a large, fine looking man, and seemed incapable of committing such a crime. The jury, on the 7th of May, 1857, convicted him, and he was executed on the 21st of August, following.
The most celebrated, however, of the homicide cases of the county, was the indictment and eon- viction of Dr. Beach. He was a practicing phy- sician in Altoona, where he livel with his wife, but had no children. One morning at an early hour in the winter of 1884, he called at the house
formed him that he had killed his wife, but pro- tested he had done the deed without present knowledge of the act. He was arrested and tried during that year and was convicted. Mr. Spang, Mr. Stevens and the writer defended him-the latter two hy direction of the court. Hon. J. D. Hicks was then district attorney.
The defense was insanity, and the proof showed that twelve of his blood relatives were either idi- otie or insane, furnishing the argument that there was a hereditary taint, or pre-disposition. Counsel for defense asked the court to rule that if the jury had a dou' t as to his sanity, it should operate to reduce the grade of the offense to mur- der in the second degree. Judge Dean refused the point. Counsel endeavored to have the case reviewed by the supreme court, but the prelim- inary requisites could not be complied wit , and the judgment of the court was carried into effect on the 12th of February, 1885.
We might add that there has been a fifth eon- viction of murder in the first degree, in the ease of Commonwealth vs. Frank Wilson. As the ease is still pending, we forbear to note it further.
Many other criminal prosecutions have been tried, which at the time engaged able counsel and elicited more than ordinary attention, but we do not find it necessary to particularize
In 1874, we had the railroad riots at Altoona. and along the line of the railroad to Pittsburg. This gave rise to numerous prosecutions and the conviction of many persons engaged in those law- less and turbulent aets. These prosecutions were tried at the first court held in the present court house, which had just been completed and dedi- cuted with the formal ceremonies reported and filed among the records of the court. It was on this occasion that Judge Dean delivered the ad- dress referred to in this history and Judge Black was present for the last time in the county seat.
A great many civil eases have been tried, and some of them conspicuously memorable. The case of Summerville vs. Jackson, tried in 1849, was perhaps the first of that class. It was an ae- tion of ejectinent to reeover the posession of about 160 acres of land near Gaysport. The case turned mainly upon the question of fraud in de- fendant's acquisition of his title. And the jury found with the plaintiff. The judgment was af- firmed in the supreme court in 1850. Mr. Miles represented the defendant, and Mr. Blair and Mr. Thaddeus Stevens the plaintiff's. It is said Mr. Blair's triumph in this ease secured him his subsequent professional success and eminence as a lawyer. Though Mr. Stevens has acquired his greatest renown sinee that date, he was then distinguished for great professional ability. The writer, then a boy, remembers the peroration of his argumen: in this case. As he stood before
11
SEMI-CENTENNIAL HISTORY OF BLAIR COUNTY.
the jury he was tall and imposing in his appear- ance, and his face, though white with impas- sioned reeling, impressed the possession of great intellect. He spoke in low and solemn tones,and he depictedl so darkly what he denominated as the fraud in the case that he seemed to bring the jury under tue spell of an unnatural power and left them terrified and bound.
The case of Ranch vs. Lloyd & Hill was long a familiar case. Little Charley Kauch, a boy of 5 years of age, crawled under defendant's car at the crossing, going for shavings for his mother. While just under the cars, defendant's servants moved the train and his legs were cut off. Mr. Blair and Mr. Banks were their respective coun- sel. There was long-protracted litigation, both in this and the supreme court, but the case was finally settled.
Farrell vs. Lloyd was also long a famous case. It arose upon the question whether there was a resulting trust in the purchase of land, and knowledge by the vender. In the name of Far- reli vs. Lloyd and Lloyd vs. Lynch it was tried several times in the court below, and was four times in the supreme court. Messrs. Hall and Neil appeared for Farrell and Lynch; and for Lloyd, Mr. Blair. With the latter gentleman, later, other counsel was associated.
Another case was Louden et al. vs. Blair Iron & Coal Co. It was tried three times below, and argued twice in the supreme court-the judgment for plaintiff being there first reversed, and fin- ally affirmed. It was an action of trespass for removing ore from plaintiff's land. The verdict was for about $14,000.
The case involving the largest amount of money was the suit brought by James Gardnee for use vs. John Lloyd. The defendant was onr of a large number of persons, who hat ente ed into a written guaranty that William M Lloyd, a suspended banker, would comply with the terms of a settlement by extension of time, and pay the eredito.s certain sums periodically as therein stipulated. The aggregate of these guaranties was $425,030, and the suit against Mr. Lloyd was a test suit. The defense wa-, true it was, the signers of the paper had offered to guar- antec the faithful performance of the terms of extension entered into by W. M. Lloyd, but there had been no formal acceptance of tue offer by the creditors, and lacking that element of completeness to give it binding efficacy, there could be no recovery.
About two weeks were consumed in the trial. The preparation of the case was one of unpar- ambition. alled extent. There were over twelve hundred creditors of L'oyd, and the notices, exhibits and other papers in the case, many of which were printed, numbered over a thous ind; and all this prodigions labor was performed mainly by the fate George M. Reade, of Ebensburg. It seemed to >uit h.s indefatigatle nature. Mr. Blair, Mr. Neffand Mr. Baldrige represented the defendant and with Mr. Read- for the plaintiff, were asso- ciated the late Mr. Speer, of Huntingdon, Judge Bell and myself. It only remains to be said Judge Dean affirmed the principle invoked by the defendant, and so instructed the jury. We carried the ease to the supreme court, but that tribunal affirmed the judgment.
There have been other very important suits, among which were actions affecting the interests of the Pennsylvania Railroad company, the Wop- sononock Railroad company, and the City of Altoona. Among the latter was the case of The City vs. Bowman, involving the legality of the passage of an ordinance. It was finally decided against the city, causing a municipal loss of over $200,000. But we will not pursue this branch of our review further.
The legal business of the county has grown with the increase of population. Especially has this been the case during the period elapsing since Judge Dean's historical address in 1877. Beginning with January of that year and end- ing with the January termi of the current year, (1896) there have been entered suits and judg- ments 44,514. Of these the largest number was in 1894-3,816. The present practice of monthly return days with the requirements of the new procedure act has greatly facilitated the dis- patch ofbusiness.
There was no equity prictice till 1865. Since that time there have been file : 256 bilis, of which ' re-elected in 1894 the greatest number-28-were filed in 1893. The
increased litigation huis compelled longer ses- sions of court and during the fast two years the court has sat about 140 days in each year.
There have been but five judges since the or- ganization of the county. Judge .I. S. Black was the first to occupy the bench. He was suc- ceeded by George Taylor and he by John Dean for two consecutive terms, In March 1892 he was elected a justice of the supreme court and was succeeded in the |court by the writer who served till theelection of the present incumbent, Martin Bell. Mr. Bell was the district attorney from January 1887 to Jannary 1890.
Since Judge Dean's review of the membership of the bar in 1877, there have been 62 admissions, of which 34 were residents of the county. Since 1877, 18 members have died.
The question then with the judge was, who had the honor of being the father of the bar? It lay between Banks, Calvin and MeMurtrie, but these three prominent names have since disap- peared from the roll. It is proper now to deter- mine who is the father of the bar; and by virtue of my position as its latest historian, I may be allowed the right of decision and henceforth, my brethren are lawfully authorized to award that distinguished recognition to Brother Daniel J. Neff.
Of the original members of the bar in this county, not one survives, unless I except Mr. Coffey, now resident in Washington, D. C. Of the subsequent additions, many moved away. Some never came into prominence, whilst others became conspicuous, either as practitioners or as incumbents of public office.
In March, 1890, Mr. Calvin died, and he was followed by Mr. S. M. Woodcock in February, Mr H. H. Herrin October, and Mr. S. S. Blair in December of the same year. This was regard- ed as an unusual mortality. Mr. Banks and Mr. McMurtrie both died in 1880, whilst Mr. Cresswell, their contemporary, died in 1882, and Mr. Brotherline in 1879.
Mr. Hewit died after a very short illness in March, 1894, and Mr. Baldrige died suddenly in March, 1895.
My predecessor has spoken of the older mem- bers who have departed, and we can only make reference to a few of those who have since ap- peared to take their p aces.
Both Mr Hewit an ( Mr. Baldrige were promi- nent members of the bar, and enjoyed the pub. lie confidence to a large degree.
Mr. Hewit was a gentleman of great political He was district attorney for two terms, and was a member of the legislature in IS71, 1879, 1881 and 1:93, and speaker of the house in 1841. He was succeeded in his office by his son, Oliver H. Hewit.
L. W. Hall was for many years an active prac- titioner at this bar, and whilst here was ele ted to the senate, of which hody he was speaker in 1867. He sincs removed to Harrisburg, where he now resides and practices. He is the resident attorney of the Pennsylvania Railroad company in Dauphin county.
J. F. Mithken was colonel of the Fifth regi- ment and district attorney of the county from 1874 to 1877. It was during his term that the ex- traordinarily large number of prosecutions was brought for violation of the liquor law. The. railroad rioters were prosecuted during the last year of his term. He afterwards went to Egypt, but now resides in New York.
Mr. Alexander was the district attorney who preceded him. He was long known as the senior partner in the law firm of Alexander & Herr. Within the last year he removed to Lancaster.
Thomas McCamant became the auditor gen- eral of the state in 1888 and now resides in Har- risbury.
Edmund Shaw, a prominent member of the bar, and a union sokfier in the late war, was a member of the legislature for the terms of less and 1x87.
Mr. G. H. Spang removed to this county from Bedford in 1883. He was elected to the legisla- ture from that county in 1875 and 1877,
J. D. Hicks came to the bar in 1873, after the close of the war, in which he served as a union soldier. He was district attorney from 1880 till 1886. In the fall of 1892 he was elected a member of congress from this congressional district, and
12
SEMI-CENTENNIAL HISTORY OF BLAIR COUNTY.
J. K. Patterson was elected to the legislature in 1894.
W. S. Hammond is the present district attor- ney, having just entered upon his second term.
The other older and prominent members of the bar are: Andrew J Riley, one of the solicitors of the Pennsylvania Railroad company; Thomas H. Greevy. N. P. Mervine, J. S. Leisenring, E. H. Flick, W. L. Woodcock, W. I. Woodcock, A. A. Stevens, A. V. Dively, W.L. Hicks and W. L. Pascoe.
I could with pleasure name other bright and rising members of the bar, but time will not per- mit. and besides I will be pardoned for grouping here a few only of those who are best known by their long and active professional services and residence in the county.
The present prothonotary is Jesse L. Hart- man, an urbane and efficient officer. Two deputy prothonotaries are worthy of special notice.
Stephen Africa came here in 1850 and re- mained tillabout 1870. He was a most com- petent otticer, understanding fully the intricate methods and details of the office. His prepara- tion for the quarterly terms embraced, among other things, the making of a dozen or two quilt pens, which his skill alone could accomplish. These were laid out for tre judges, counsel and jurors. A stee pen was not yet in favor though now extremes have met in the stylus of the an- cient and the steel of the modern.
The other deputy referred to is Mr. Cornelius D. Bowers. He came here from Philadelphia, and is 58 years old. He has been a printer by profession and was an honorably discharged and Wounded soldier in the Eighty-fourth regiment of this state He has spent twenty-eight years of his life in the recorder's and prothonotary's ofnce. He is familiar with all the duties of bis present position, and by his courtesy and faithfulness he has won the confidence of the court and the bar and the respect of the public.
Mr. Jones Rollins, now deceased, was for nine- teen years crier of the court and librarian.
was a most intelligent and obliging officer and gentleman.
The present recorder and register of wills is Mr. William H. Irwin. The sheriff is G. T. Bell with his deputies I. N. Eby and W. A. Smith. The county commissioners are James Funk, M. H. Fagley and John Hurd. The county treasurer is John T. Akers.
Thus I have endeavored to recall some of the persons and incidents of the past. The retrospect is a changeful one. The faces and voices which make up one period, gradually pass to give way to another; and those everchanging series like a relentless fate, destroy the familiar past, and re- place it with the new and strange present.
But it must be so. This bar will grow with the county's growth. Increasing prosperity will be accompanied by increasing population, and the public business will be manifested in the courts.
The younger members of the bar to day will impose upon themselves the industry and zeal of those who have preceded them. As there have been lustrous names in the pist, there shall be more in the future. If to any extent the bar of the past has sought to maintain the highest grade of learning and integrity; so the future bar should jealously refuse to lower that standard. The entrance way to its privilezes and powers is controlled by the membership, and when the un- worthy or the ignorant seek to set their feet within those preciocts-which are traditionally sacred to those only who have education, mind and learning, with high professional pride and honor-both court and bar will interpose their steadfast prohibition.
The perpetuation of a bar which is measured by such a standard will not only add to its own high character and adornment, but will win the confidence of the great pub'ic, who intrust freely to honest and capable lawyers that vast variety of intricate questions which constantly arise to affect their lives, their liberty and their prop- ertv.
Gentlemen of the present bar-animated by He such ennobling aims, what shall be said of us and those who follow us fifty years from to-day?
Historical Address, Delivered by Justice John Dean at Hollidaysburg, June 12, 1896. Blair County and its People.
MY FRIENDS: Accepting the assignment of an | rone township, that beautiful valley known fora address on the history of our county, I have hundred years as Sinking Valley, is one of the Penn Manois, how it came to be such, and the nature of the vexations restrierious upon its titles cameto exist. All this, and much more, would be a part of theproper history of the coun- ty, and would be interesting, but they must be set aside. endeavored to perform that duty to the best of my ability, in view of the circumstances. A history of the county would involve a narrative of theleading incidents of its growth from the perio t of its first settlement, or its first settlers, running back to about 1768. A chronological statement of important events during that I take up and speak of that part of the history of our county which to me is always the most in- teresting. Whether the people about whom I speak or wish to learn be an ancient one, and centuries ago disappeared from the earth, or he a present dominant one, who have for huu- dreds of years been silvancing in civilization, 1 want to know as much as possible . f their daily lives, their customs, religion, manners: how they acted in their domestic relations; how they cooked, ate and drank, and protected themselves from the weather. S . in the brief. time befine me I shall endeavor to present to you the daily lives of our predecessors on the territory which now forms our county. period, important not only because of import to those who took part in them, but to us, because of their effect on our present condition, would take, even in its most concise form, five or six hours to deliver, instead of the less than one, which from the necessity of the case the com- mittee has allotted me. Therefore, 1 have eliminated from my subject all but one phase of it; in so doing I have put aside much that is of historical interest, such as the source of our land titles in the different townships; how the Penns acquired them; how the first grantees under the Peuns took them: to what restrictions and reservations some of them were subject. This is an especially interesting topic, not only to the The population in the first thirty years of its existence had reached about 3 00). This popula- tion consisted almost wholly of original settlers, their wives and children: that is, those who had purchased their lands from the Peuns or the commonwealth, settled upon and improved them, and still occupied them, or having died, they were occupied by their families, At the date Penn obtained his charter for his colony from Charles 11, in England and on the conti- nent, as the old hymn has it, "Religion was the chief concern of mortals here below:" not exact- lv the mortal's own religion, but chiefly that of his neighbor's; no one had any doubt as to his own; he only doubted as to whether his neigh- bor's religious belief was orthodox; if it differed from his, his neighbor, being wrong, must be brought to his way of thinking, or his neigh- bor's soul was in danger of everlasting perdition. lawyer, but to the intelligent layman. How Judge Wilson, one of the first judges o . thesupreme court of the U'ited States, could take upand have pat- entedjto him more than 100,000 acres of land, a large part of it within the boundaries of our county, when the art of assembly forbade the issue of a warrant for more than 433 aeres to one individual. an i made void the t tle to allin excess of that. How the Hollidays, who settled upon and r ally obtained t.tle to 2,000 acres of the land upon part of whic . this court house stands, after- wards hst that title; how the original owners, bringing with them the customs and legal no- tions of England, Scotland and Ireland sought, in some instances to impress upon their lands the law, of primogeniture and entail, and how their purpose was defeated by the legislature and the courts oi the commonwealth: how and why Ty-
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