USA > Pennsylvania > A history of the Juniata Valley and its people, Volume I > Part 11
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As the county increased in population more room was found to be necessary for the transaction of the public business and the preser- vation of the public records. In November, 1877, the grand jury made a recommendation that the court-house be enlarged and put in good repair. A similar recommendation was made by the same body the following April, and on April 20, 1878, the board of commissioners adopted a resolution "to repair and enlarge the court-house as recom- mended by the grand jury, provided the expense shall not exceed ten thousand dollars." Plans for the improvement were made by Daniel Ziegler, and on May 9, 1878, a contract was made with Buyers, Guyger & Company to build an addition to the north end of the old court-house and make certain specified repairs for the sum of $7,245. Subsequently it was decided to add the tower and to make some other minor changes, which brought the entire cost of the addition and repairs up to $9,095. The court-house as thus improved remains in use to the present time, but further alterations are under contemplation and will probably be made in the near future.
What is known as the Lewistown riot occurred about two years after the county was organized and created considerable excitement. Reports of the affair are somewhat contradictory, as is always the case in a controversy, the adherents to each side desiring to tell the story in such a way as to strengthen their cause. It appears that in the summer of 1791 Governor Mifflin appointed Samuel Bryson one of the associate justices of the Mifflin county court of common pleas.
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Prior to his receiving this appointment, Mr. Bryson had for several years held the office of county lieutenant and as such "had excited the determined enmity of two men who were ambitious of being colonels of militia, and against whom (as unfit persons) Mr. Bryson, as County Lieutenant, had made representations." The members of their re- spective regiments had elected the two men, according to the custom of that day, though the right of Mr. Bryson to set aside the election and issue commissions to men of his own selection could not be ques- tioned under the militia law. That he did so aroused the indignation of many of the men belonging to the two regiments and when he was appointed associate judge some of those whose will had been set at defiance resolved that he should not be permitted to serve in that ca- pacity.
William Wilson, a brother to the sheriff of Mifflin county, and David Walker organized a force of some forty men, all of whom were armed, and at the head of this little army of insurgents marched, with a fife playing, to Lewistown, "with the avowed determination to seize upon the person of Judge Bryson whilst on the bench, drag him from thence, oblige him to resign his commission." etc.
The movements of these men had been conducted with such se- crecy that the people of Lewistown knew nothing of what was going on until about an hour before the rioters appeared. What happened when they did appear in Lewistown is probably best told in the report of John Clarke, deputy state's attorney, to Judge Thomas Smith, who was appointed judge of the Fourth judicial district soon after the oc- curience. Says Mr. Clarke :
"On Monday, the 12th of September, 1791. the Hon. William Brown, Samuel Bryson and James Armstrong, Esquires, met in the forenoon in order to open the court and proceed to business; but Thomas Beale, Esquire, one of the associate judges, not having arrived, their Honours waited until three o'clock in the afternoon, at which time he arrived, and was requested to proceed with them and the of- ficers of the court to the court-house. He declined going, and the procession moved on to the court-house, where the judges' commissions were read, the court opened, and the officers and the attorneys of the court sworn in, and the court adjourned till ten o'clock next morning. "About nine o'clock, while preparing business to lay before the Grand Jury, I received information that a large body of men were
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assembled below the Long Narrows, at David Jordan's tavern, on the Juniata, and were armed with guns, swords and pistols, with an avowed intention to proceed to Lewistown and seize Judge Bryson on the bench and drag him from his seat, and march him off before them, and otherwise illtreat him. This information was instantly communicated to Messrs. Brown, Bryson and Armstrong, the judges, who agreed with me that Samuel Edmiston, Esq., the prothonotary, Judge Beale,- Stewart, Esq., William Bell, Esq., should, with George Wilson, Esq., the sheriff of Mifflin county, proceed and meet the rioters; and the sheriff was commanded to inquire of theni, their object and intention, and, if hostile, to order them to disperse, and tell them the court was alarmed at their proceedings.
"Two hours after this the court opened and a grand jury was impanelled. A fife was heard playing, and some guns fired, and im- mediately the mob appeared marching toward the court-house, with three men on horseback in front, having the gentlemen that had been sent to meet them under guard in the rear; all of whom, on their ar- rival at Lewistown, they permitted to go at large, except the sheriff, whom four of their number kept guard over. The court ordered me, as the representative of the Commonwealth, to go out and meet them, remonstrate against their proceedings, and warn theni of their danger; which order was obeyed. But all endeavors were in vain, the mob cry- ing out, 'March on! March on! Draw your sword on him! Ride over him!' I seized the reins of the bridle that the principal com- mander held, viz., Wilson, Esq., brother of the sheriff aforesaid, who was well mounted and well dressed, with a sword, and, I think, two pistols belted around him, a cocked hat, and one or two feathers in it. He said he would not desist, but at all events proceed and take Judge Bryson off the bench, and march him down the Nar- rows to the judge's farm, and make him sign a paper that he would never sit there as Judge again.
"The mob still crying out 'March on!' he drew his sword and told me he must hurt me unless I would let go the reins. The crowd pushed forward and nearly pressed me down; one of them, as I learned after- ward, a nephew of Judge Beale, presented his pistol at my breast, with a full determination to shoot me. I let the reins go and walked before them until I arrived at the stairs on the outside of the court- house, when Judge Armstrong met me and said. 'Since nothing else will do, let us defend the stairs.' We instantly ascended, and Mr. Ham- ilton and the gentlemen of the bar and many citizens; and the rioters, headed by William Wilson, Colonel Walker and Colonel Holt, came forward, and the general cry was, 'March on! damn you; proceed and take him! Judge Armstrong replied, 'You damned rascals, come on!
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we will defend the court ourselves, and before you shall take Judge Bryson you shall kill me and many others, which seems to be your intention, and which you may do!' At this awful moment one Holt seized Judge Armstrong by the arm with the intent to pull him down the stairs, but he extricated himself. Holt's brother then got a drawn sword and put it into his hands and damned him to run the rascal through; and Wilson drew his sword on me with great rage, and young Beale his sword, and cocked his pistol and presented it. I told them they might kill me, but the judge they could not, nor should they take him; and the words 'Fire away!' were shouted through the mob. I put my hand on his shoulder and begged him to consider where he was, who I was, and reflect but for a moment. I told him to withdraw the men and appoint any two or three of the most respectable of his people to meet in half an hour and try to settle the dispute. He agreed, and, with difficulty, got them away from the court-house. Mr. Hamil- ton then went with me to Mr. Alexander's tavern, and in Wilson and Walker came, and also Sterrett, whom I discovered to be their chief counsellor.
"Proposals were made by me that they should return home, offer no insult to Judge Bryson or the court, and prefer to the governor a decent petition, stating their grievances, if they had any, that might be laid before the legislature; and that, in the meantime, the judge should not sit on the bench of this court. They seemed agreed and our mutual honor to be pledged; but Sterrett, who pretended not to be concerned, stated that great delay would take place, that injuries had been received which demanded instant redress, and objected to the power of the governor as to certain points proposed. At this point young Beale and Holt came up (the former with arms) and insisted on Wilson's joining them, and broke up the conference. I followed, and on the field among the rioters told Wilson, 'Your object is that Judge Bryson leave the bench and not sit on it in this court?' He and Walker said 'Yes.' 'Will you promise to disperse and go home and offer him no insult?' He said 'Yes,' and our mutual honor was then pledged for the performance of the agreement.
"Mr. Hamilton proceeded to the court, told the judge, and he left his seat and retired. I scarce had arrived until the fife began to play, and the whole of the rioters came on to the court-house, then headed by Wilson. I met them at the foot of the stairs and told them the judge was gone, in pursuance of the agreement, and charged them with a breach of the word and forfeiture of honor, and Walker said it was so, but he could not prevail on them. Wilson said he would have the judge and attempted going up the stairs. I prevented him, and told him he should not, unless he took off his military accoutrements. He
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said he had an address to present and complied with my request, and presented it, signed 'The People.' Young Beale, at the moment I was contending with Wilson, cocked and presented his pistol at my breast, and insisted that Wilson and all of them should go, but on my offering to decide it by combat with him, he declined it, and by this means they went off swearing and said that they had been out-generaled. "The next day Colonel McFarland, with his regiment, came down and offered to defend the court, and addressed it; the court answered, and stated that there was no occasion, and thanked him.
"Judge Bryson read a paper, stating the ill-treatment he had re- ceived, and mentioned that no fear of danger prevented him from taking and keeping his seat; but that he understood that an engagement had been entered into by his friends that he should not, and on that account only he was prevented. The court adjourned until two o'clock that day, and were proceeding to open it with the sheriff, coroner and constable in front, when they observed that Judge Beale was at the house of one Con. They halted and requested the sheriff to wait on him and request him to walk with them. He returned and said the judge would not walk or sit with Bryson, and addressed Judge Bryson with warmth, who replied in a becoming manner. The sheriff struck at him and kicked also. Judge Armstrong seized the sheriff, and com- manded the peace and took the sheriff's rod from him; the coroner took his place, and the sheriff was brought up before the court. I moved that he might be committed to gaol; and his mittimus being written and signed, the court ordered the coroner and gaoler to take him, and he submitted. The court adjourned. After night the drum beat and Holt collected about seventy men, who repeatedly huzzaed, crying out 'Liberty or death!' and he offered to rescue the sheriff, but the sheriff refused. At ten o'clock at night I was informed expresses were sent down the Narrows to collect men to rescue the sheriff, and Major Edmiston informed me he was sorry for his conduct and offered to beg the court's pardon and to enter into recognizance. I communi- cated this to the Judges Brown and Armstrong, and requested they would write to the gaoler to permit him to come down. They did, and the sheriff came with Major Edmiston, begged pardon of every mem- ber of the court but Judge Bryson, who was not present, and entered into recognizances to appear at the next sessions.
"The next day near three hundred men were assembled below the Narrows, and I prevailed on some gentlemen to go down and disperse them; and upon being assured the sheriff was out of gaol, they returned to their respective homes, and the court have finished all business. Nothing further requiring the attendance of the grand jury, the court dismissed them and broke up. I must not omit to inform you that
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Judge Beale had declared, during the riot, in court, that he would not sit on the bench with Judge Bryson, and that both he and said Stewart appeared to countenance the rioters, and are deeply concerned.
"I must now close the narrative with saying that, owing to the spirit and firmness of Judge Armstrong and the whole of the bar, I was enabled to avert the dreadful blow aimed at Judge Bryson, and to keep order and subordination in court; and unless the most vigorous meas- ures are exerted soon, it will be impossible ever to support the laws of the state in that county, or to punish those who dare transgress. The excise law is execrated by the banditti, and from every information I expect the collection of the revenue will be opposed.
"I am happy to add, the dispute which originated by mistake between Huntingdon and Mifflin counties is happily closed in the most amicable manner, without any prosecution in Mifflin. I am, Sir, your most obedient,
"JOHN CLARK, Dy. St. Attorney."
The reference in the last paragraph of Mr. Clarke's report to a dis- pute between Huntingdon and Mifflin counties relates to the difference of opinion regarding the location of the boundary line between those two counties. An account of this dispute, the arrest of the sheriff of Huntingdon county, his release on a writ of habeas corpus and the final adjustment of the difficulty may be found in Chapter IV.
Mifflin county was reduced in size by the formation of Center county on February 13, 1800. Some changes were made in the bound- aries in 1912, when the line between Huntingdon and Mifflin counties was more clearly defined by an act of the legislature and a part of Beaver Dam township was annexed to Mifflin. The following year, upon the erection of Union county the Beaver Dam territory was an- nexed to the new county, but in 1819 it was restored to Mifflin and now forms a part of Decatur township. By the act of March 2, 1831, all that portion of the county lying southwest of Shade mountain and the Blue ridge was cut off to form the county of Juniata, leaving Mifflin with an area of about 370 square miles. Its greatest length is about thirty and its greatest width about fifteen miles. It is bounded on the northwest by Center county; on the north and east by Union and Snyder; on the southeast by Juniata; and on the south and west by Huntingdon.
For many years the line between Huntingdon and Mifflin counties,
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from the Juniata river to the Center county line was in a state of uncer- tainty, both counties claiming certain tracts of territory along the boundary. The legislature of 1876 passed an act authorizing the run- ning and marking of the line. This act, for some reason, failed to accomplish the purposes for which it was intended, and in 1895 was passed a supplementary act, providing for the appointment of five com- missioners to run and mark the line. On June 24, 1895, William Huey, D. C. Peachey, Jacob K. Metz and others, citizens of Menno township, Mifflin county, presented to the court of quarter sessions of that county a petition in which it was set forth: "That the county line between Huntingdon and Mifflin counties is in dispute from the line of Centre county to the Juniata river; that it has never been run and marked as required by the acts of the assembly establishing said counties ; that persons living in the disputed territory labor under great inconvenience as to their taxes, schools, liens, roads, etc., on account of the uncertainty of the county line location. They therefore pray the court to appoint a surveyor as required by the act of the assembly, approved the 22nd day of May, A. D. 1895, and to appoint a surveyor as provided for in said act, to the end that a commission may be formed in conjunction with similar appointments to be made by Huntingdon county, for the purpose of designating, surveying and marking the said division line between the said counties of Huntingdon and Mif- flin," etc.
A commission was accordingly formed to run and mark the line. It consisted of J. Murray Africa, of Huntingdon county; John C. Swigart, of Mifflin; W. P. Mitchell, of Clinton; John Campbell, of Fayette; and M. E. Shaugnessy, of Union. On March 8, 1897, these commissioners made a report, favoring the claims of Huntingdon county. Mifflin county, through her attorneys, F. W. Culbertson and John A. McKee, filed a bill of thirteen exceptions, to wit: I. That the act under which the commission acted was unconstitutional. 2. That all the surveyors were not present at all times. 3. That the commissioners of Huntingdon county paid or promised to pay ten dollars a day to the surveyors, etc. 4. That the line was not run in accordance with the provisions of the acts erecting the counties of Huntingdon and Mifflin. 5. That the commissioners, in running the line, disregarded the evidence submitted. 6. That the line run by them
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was arbitrary and unwarranted by the testimony. 7. That the com- missioners, or a majority of them, prejudged the case and determined on the location of the line before testimony was heard. 8. That the commissioners of Huntingdon county paid money to members of the county line commission from time to time, contrary to their duty in the premises, and allowed them mileage. 9. That the county line com- missioners were paid money before the work was commenced. 10. That M. E. Shaugnessy declared he would favor Huntingdon county unless Mifflin county paid him a certain bill, and that he could get all the money he wanted from Huntingdon county. II. That the line was on an entirely different location from any line or survey previously made and that there was no evidence to sustain it. 12. That the county line commission was not authorized to establish a new line, but to "desig- nate, survey and mark the line," on evidence, etc. 13. That said county line commissioners have embraced the village of Allensville in Hunting- don county, when said village and all lands up to the lived to line have been in Mifflin county for more than one hundred years and so recog- nized by both the counties of Huntingdon and Mifflin.
Huntingdon county contended that the act of 1779, fixing the line between Bedford and Northumberland counties, which is, or should be, the line between Huntingdon and Mifflin counties, made the water- shed of Kishacoquillas valley the line, and that the commissioners had run the line in accordance therewith.
John Stewart, of Chambersburg, was appointed a special judge to hear the arguments on the exceptions. The case was argued before him on April 5 and 6, 1897, and on May 18th he overruled the ex- ceptions and approved the report of the county line commission. On June 30, 1897, the report of the commission was presented to the court of quarter sessions of Mifflin county, which refused to approve it. The records were certified to the superior court on March 15, 1898, and on November 17, 1898, that tribunal handed down a decree "That the assignment of error filed by Huntingdon county is overruled and the appeal from the order of June 30. 1897, is dismissed without prejudice, however, to the right of the commissioners of Huntingdon county to move the court of quarter sessions to Mifflin county to appoint a time for hearing their petition, at which the commissioners of Mifflin county may present their exceptions to the report of the
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county line commission and the evidence taken in support of and against the same may be submitted," etc.
Huntingdon county then appealed to the supreme court for a change of venue from the Mifflin county court of quarter sessions. On Octo- ber 30, 1899, the supreme court granted an order restraining the Mifflin county court "from proceeding to hear the case until the rule pending in this court for a change of venue is disposed of." On Novem- ber 6, 1899, the supreme court dismissed the petition of Huntingdon county for a change of venue at the cost of the petitioners and that ended the case, the boundary line remaining as it has been generally recognized since the formation of Mifflin county in 1789.
Following is a civil list of Mifflin county, as complete as could be obtained from the records :
Sheriffs-George Wilson, 1789; William Wilson, 1792; Andrew Nelson, 1796; William Elliott, 1798; William Sterrett, 1800; Edward McCarty, 1803; William Scott, 1805; William Bell, 1806; John Mc- Dowell, 1809; Daniel Christy, 1812; Thomas Horrell, 1815; Thomas Beale, 1818; John Beale, 1821; Samuel Edmiston, 1821; George Mc- Culloch, 1824; Foster Milliken, 1827; Samuel W. Stuart, 1830; James Gibboney, 1833; Robert Matthews, 1836; James Turner, 1839; John Stoneroad, 1842; Robert McManigal, 1845; Davis M. Contner, 1848; William Shimp, 1851; Jacob Muthersbough, 1854: Thomas E. Williams, 1857; C. C. Stanbarger, 1860; Davis M. Contner, 1863; William T. McEwen, 1866; William Willis (commissioned on Febru- ary 20, 1869, and succeeded by Mitchell Jones on November 13, 1869) ; David Muthersbough, 1872; Joseph W. Fleming, 1875 (first sheriff elected under the present constitution) ; George Buffington, 1878; John S. Garrett, 1881; C. Stewart Garrett, 1884: William Ryan, 1887; Henry G. Isenberg, 1890; William J. Blett, 1893; Joseph Collins, 1896; William P. Schell, 1899; Mitchell Bricker, 1902; A. C. Kemberling, 1905 ; Samuel H. Boyer, 1908; Allen Fultz, 1911 (Mr. Fultz died soon after entering upon his duties and M. M. Bricker was appointed to the vacancy).
Prothonotaries-Samuel Edmiston, 1789; John Norris, 1800; William P. Maclay, 1809: David Reynolds, 1816; Ephraim Banks, 1818; Robert Craig, 1821 ; William Mitchell, 1824; Abraham S. Wilson, 1830; David R. Reynolds, 1832; William B. Johnston, 1836; William Brothers, 1837; James Gibboney, 1839; David R. Reynolds, 1841; John R. McDowell, 1841 (David R. Reynolds served from April to Novem- ber only) ; Zachariah Rittenhouse, 1847; Thomas F. McCoy, 1850; Henry J. Walters, 1856; Nathaniel C. Wilson, 1862; William H.
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Bratton, 1866; William S. Settle, 1874; Lafayette Webb, 1883; Frank S. McCabe, 1898; Stewart M. Peters, 1911. Lafayette Webb held the office for five terms and Frank S. McCabe for four, his last term being four years owing to the constitutional amendment fixing the term of all county officers at four years.
Treasurers-Samuel Armstrong, 1790; Samuel Montgomery, 1793; James Alexander, 1794; John Norris, 1797; Andrew Keiser, 1811; Joseph B. Ard, 1812: Robert Robison, 1815; William Brisbin, 1819; Joseph B. Ard, 1822 ; Henry Kulp, 1824; Joseph B. Ard, 1826; William Mitchell, 1830; James Dickson, 1832; Samuel Edmiston, 1834; James Burns, 1835; Charles Ritz, 1838; James Burns, 1841. Up to this time the office of county treasurer had been filled by appointment. The office was then made elective, with terms of two years until the adoption of the constitution of 1874, which lengthened the term to three years. The treasurers elected are as follows: Lewis Hoover, 1841: James Cunningham, 1843 : John C. Sigler, 1845 : Nathaniel Fear, 1847; Robert H. McClintic, 1849; Daniel Ziegler, 1851; William Morrison, 1853; Henry Zerbe, 1855; John B. Selheimer, 1857: William C. Vines, 1859; Robert W. Patton, 1861; Amos Hoot, 1863; Charles Gibbs, 1865; Joseph McFadden, 1867; John Swan, 1869; John A. Shimp, 1871; Jesse Mendenhall, 1873: James M. Nolte, 1875; Joseph A. Fichthorn, 1878; James Firoved, 1881; Robert Myers, 1884; C. Stewart Garrett, 1887; William Ryan, 1890; Lewis N. Slagle, 1893; George R. Mc- Clintic, 1896; W. F. Berlew, 1899; Allen A. Orr, 1902; C. A. Shunk- wiler, 1905: Oliver O. Marks, 1908; S. Will Shunckwiler, 1911.
County Commissioners-A full board of three commissioners was elected in 1789, soon after the organization of the county. From that time until 1808 the elections were somewhat irregular, as the following list will show. From 1808 to 1875, with few exceptions, one commis- sioner was elected annually. Since 1875 a full board of three members has been elected every three years. The list-1789, James Lyon, Robert Little, Enoch Hastings; 1793, Thomas Anderson; 1794, John Wilson, Joseph Sharp: 1795, James Harris, George McClelland; 1796, Joseph Edmiston, John McConnal; 1797, William Bratton; 1799, William Lyon, Ezra Doty; 1800, Andrew Banks, John Piper; 1801, Nicholas Arnold; 1802, John Horrell; 1803, William Alexander; 1805, John Kelley ; 1806, Jonathan Rothrock; 1808, William Arbuckle; 1809, Henry Steely; 1810, Joseph Sellers; 1811, Francis Boggs; 1812, Samuel Myers; 1813, George Hanawalt ; 1814, Henry Burkholder; 1815, John Kinser; 1816, Samuel Wallick ; 1817, Christopher Horrell; 1818, Louis Evans; 1819, Henry Long; 1820, David Walker; 1821, William Ram- sey ; 1822, William Wharton; 1823, Andrew Bratton; 1824, Benjamin Law; 1825, Stephen Hinds; 1826, William Sharon; 1827, James Gib-
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