USA > Pennsylvania > A history of the Juniata Valley and its people, Volume I > Part 31
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District Attorneys-J. Sewell Stewart, 1850; Theodore H. Cremer, 1856: Samuel T. Brown, 1859: J. H. O. Corbin, 1862; James D. Camp- bell, 1864; K. Allen Lovell, 1866; Milton S. Lytle, 1869; H. C. Madden,
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1872; J. C. Jackson, 1875 ; George B. Orlady, 1881 ; Charles G. Brown, 1887; W. J. Forbes, 1890; Hayes H. Waite, 1893; H. B. Dunn, 1896; Richard Williamson, 1902; Charles G. Brewster, 1908.
Of the president judges of the county, Walker, Huston, Burnside, Woodward and Taylor were especially distinguished for their legal learning and ability. Judge Taylor served longer on the bench than any other president judge. He was born in Chester county, Pennsylvania, November 12, 1812, and never attended school after he was thirteen years of age. Being a student by nature, he educated himself and when a young man came to Huntingdon county, where he found employment as a teacher in Dublin township. Later he was employed in the office of the county prothonotary and in 1834 he began the study of law under Andrew P. Wilson. In April, 1836, he was admitted to the bar and soon afterward formed a partnership with John G. Miles, under the firm name of Miles & Taylor. In 1849, when the legislature changed the judicial districts of the state, erecting the counties of Huntingdon, Blair and Cambria into the Twenty-fourth district, the members of the bar in Huntingdon and Blair counties were almost unanimous in recom- mending Mr. Taylor for the president judgeship of the district. He was appointed by Governor Johnson in April, 1849, and in 1851 was elected for the full term of ten years. He was reelected in 1861 and in October, 1871, only a short time before the close of his second term, he was stricken with paralysis while presiding at the regular term of the Blair county court. He was brought to his home in Huntingdon and died there on November 14, 1871, after a service of nearly twenty-three years upon the bench. The bar of the district passed resolutions of respect and attended the funeral in a body. Concerning his judicial qualifications and character, Colonel William Dorris, a member of the Huntingdon bar, said : "As a man of sound judgment, a close, logical, and profound thinker, and a clear and forcible writer he had no superior. and perhaps few equals, in the judiciary of the Commonwealth. His charges and opinions have been pronounced, by competent judges, not inferior to the best similar judicial productions that have been carried before the Supreme Court of the State during the last quarter of a century."
When Mifflin county was erected in 1789, Section 4 of the organic act provided that : "The justices of the peace commissioned at the time
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of passing this act, and residing within the bounds and limits of the said county, herein and hereby erected and constituted, shall be justices of the peace for the said county during the time for which they were so commissioned ; and they, or any three of them, shall and may hold courts of General Quarter Sessions of the Peace. And the justices of the Common Pleas in like manner commissioned and residing, or any three or more of them, shall and may hold courts of Common Pleas in the said county during the time they were so commissioned," etc.
The act further provided that the justices of the supreme court, the courts of oyer and terminer and general gaol delivery of the state should have the same jurisdiction in Mifflin as in the other counties of the state, and that the sessions of the court of common pleas should begin on the second Tuesdays in December, March, June and September of each year. The first court was held at the house of Arthur Buchanan on December 8, 1789, with William Brown as president judge, William Bell, James Burns and William McCoy as associate judges. Little was done at this session except to organize the court and admit to prac- tice three lawyers-James Hamilton, Thomas Duncan, of Carlisle, and George Fisher. Duncan was afterward a justice of the supreme court.
The courts of the county continued in this manner until after the passage of the act of April 13, 1791, the last session being held in Sep- tember of that year. After that the courts of Mifflin were the same as those of other counties, composed of a president judge and associate judges. Following is a list of the judges of the county :
President Judges-William Brown, 1789; Thomas Smith, 1791; James Riddle, 1795; Jonathan Walker, 1806; Charles Huston, 1818; Thomas Burnside, 1826; George W. Woodward, 1841; Abraham S. Wilson, 1842; Samuel S. Woods, 1861; Joseph C. Bucher, 1871 (re- elected in 1881) ; Harold M. McClure, 1891; John M. Bailey, 1894; Joseph M. Woods, 1904.
In the above list it will be noticed that the president judges from 1791 to 1842 are the same as those of Huntingdon county. A little later Huntingdon county was taken from the district, leaving it composed of Mifflin and Union counties. Another change was in 1895, when Huntingdon and Mifflin were again thrown together and the judges from that time to 1913 have been the same.
Associate Judges-William Brown, 1791; Samuel Bryson, 1791 ;
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James Armstrong, 1791; Thomas Beale, 1791; John Oliver, 1793; Joseph Edmiston, 1800; David Beale, 1800; David Reynolds, 1828; James Crisswell, 1837; William McCoy, 1839; Samuel P. Lilley, 1841 ; Joseph Kyle, 1843; Charles Ritz, 1847; Samuel Alexander, 1848; Thomas W. Moore, 1851; John Henry, 1851; James Parker, 1856; Cyrus Stine, 1856; James Turner, 1861; Elijah Morrison, 1861 ; Eph- raim Banks, 1866; William Ross, 1866; Augustus Troxel, 1871 ; George Weiler, 1871; Samuel Belford, 1877; Reed Sample, 1877; John Davis, 1879; William McMonegle, 1882; Jacob Kohler, 1885; Thomas J. Frow, 1886; Hiram Rodgers, 1886; Samuel Killian, 1889; Samuel J. Brisbin, 1891 ; Hezekiah C. Vanzand, 1894; Joseph A. Werts, 1896; William A. Wilson, 1899; W. P. Mendenhall, 1901; Joseph C. Brehman, 1903; Forest Swyers, 1905; Gruber H. Bell, 1908; J. R. McCoy, 191I.
District Attorneys-Joseph Alexander, 1850; William J. Jacobs, 1853; Andrew Reed, 1856; Thomas M. Hulings, 1859; Thomas MI. Uttley, 1862; James S. Rakerd, 1868; Horace J. Culbertson, 1871 ; William H. Strohm, 1874; Rufus C. Elder, 1877; Joseph M. Woods, 1880; Allison W. Porter, 1883; M. M. Mclaughlin, 1889: Allison W. Porter, 1892; Howard O. Lantz, 1895; A. Reed Hayes, 1898; Fred. W. Culbertson, 1901; John T. Wilson, 1904; J. C. Houser, 1907; Howard W. Aikin, 191I.
It is a fact worthy of more than passing notice that nearly all of the president judges in this district rose to judicial positions of greater eminence. Jonathan Walker, who was born in Cumberland county and while still in his minority served in the Continental army in the Revolution, was appointed the first judge of the United States court for the western district of Pennsylvania, which was created by act of Congress on April 20, 1818. Charles Huston, who succeeded Judge Walker as president judge of the district, was a native of Bucks county, Pennsylvania, and the son of Scotch-Irish parents. He was educated at Dickinson College, studied law with Thomas Duncan and began practice at Bellefonte in 1807. In April, 1826, he was appointed one of the justices of the supreme court and served as a member of that tribunal until 1845. Thomas Burnside, a native of County Tyrone, Ireland, came to Pennsylvania in 1792, when he was ten years of age. He studied law with Robert Paxter, of Philadelphia, and was admitted to the bar in 1804. In 1811 he was elected to the state senate, and in
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1816 was appointed president judge of the Luzerne district. In 1823 he was again elected to the state senate, and, upon the resignation of Judge Huston in 1826, was appointed president judge of the Fourth district and held the office until 1841, when he became president judge of the Seventh district. On January 1, 1845, he was appointed one of the judges of the supreme court and held that position until his death in March, 1851. George W. Woodward also served as one of the supreme court judges, taking his place in May, 1852, when he was appointed to the vacancy caused by the death of Richard Coulter. He was afterward elected for the full term of fifteen years and retired from the bench in December, 1867.
Juniata county was erected by the act of March 2, 1831, and the first court met in the Presbyterian church at Mifflintown on December 5, 1831, with Calvin Blythe as president judge and Benjamin Kepner and Daniel Christy as associate judges. It will be remembered that Juniata county was taken from Mifflin, which belonged to the Fourth judicial district. Thomas Burnside, at that time president judge of the district, believing that his jurisdiction did not extend to the new county of Juniata, declined to hold the courts. Judge Blythe, who had previously represented the legislative district with which Juniata county was con- nected, and, while in the legislature, formed the acquaintance of Gover- nor Shulze, who appointed him secretary of state and after the expira- tion of his term in that office he was appointed president judge of the district composed of Lebanon, Dauphin and Schuylkill counties. While in the legislature he sympathized with the people of Juniata in their efforts to secure the formation of a new county and, upon the refusal of Judge Burnside, he consented to hold court there, and did so from 1831 to September, 1835, although the county was not in his district. Following are the lists of the president and associate judges and dis- trict attorneys of Juniata county :
President Judges-Calvin Blythe, 1831 ; John Reed, 1835; Samuel Hepburn, 1839: Frederick Watts, 1849: James H. Graham, 1851 (two terms) ; Benjamin F. Junkin, 1871 ; Charles A. Barnett, 1881 ; Jeremiah Lyons, 1891 ; James WV. Shull. 1901 ; William N. Seibert, 191I.
Associate Judges-Benjamin Kepner and Daniel Christy, 1831 ; John Beale and William McAlister, 1842; James R. Morrison and James Frow, 1847; John Dimm and John Crozier, 1851 ; David Banks and
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Evard Oles, 1856; Joseph Pomeroy and Lewis Burchfield, 1861 ; Thomas J. Milliken and Samuel Watts, 1866; John Koons and Jonathan Weiser, 1871 ; Noah A. Elder and Francis Bartley, 1876; Jacob Smith and Cyrus M. Hench, 1881; John McMeen and J. K. Patterson, 1886; Josiah H. Barton and J. P. Wickersham, 1891 ; W. N. Sterrett and William Swartz, 1896; James M. Nelson and Howard Kirk, 1901 ; Jerome C. Shelley and R. E. Groninger, 1906; Zenas W. Gilson and William E. Harley, 1911.
District Attorneys-No authentic list of the district attorneys prior to 1887 could be obtained by the writer. Since then the men who have held this office have been as follows: F. M. Pennell, 1887; J. H. Neely, 1890; Wilberforce Schweyer, 1893; Charles B. Crawford, 1896; George L. Hower, 1899; Andrew Banks, 1902 (reelected in 1905) ; Wilberforce Schweyer, 1908; C. N. Graybill, 1911.
Judge Blythe, the first president judge, became a resident of Mif- flintown and practiced his profession there for some time. It is said that he walked from Sunbury to Mifflintown, his trunk following on a wagon drawn by an ox-team. Another story told of him is that, while serving as a soldier in the War of 1812, when Colonel Bull was killed at the battle of Chippewa, young Blythe mounted the unfortunate com- mander's horse and took charge of the regiment, showing such bravery and military skill that he led the troops to victory.
Few men had a greater capacity for hard work than Judge Frederick Watts. After serving as president judge until the election of Judge Graham, in 1851, he built up a large practice. When state reporter he did not give up his private business, attending to the interests of his clients during the day and the duties of reporter during the evenings, frequently working until a late hour and then snatching a few hours' sleep on a lounge at his office. Ten volumes of the state reports bear his name. He was for some time the United States commissioner of agri- culture, where he performed his duties with the same indefatigable in- dustry and conscientious care.
At the time Perry county was erected, by the act of March 22, 1820, there was not a single lawyer resident in the county. The first session of court was held the following December, in a log house at Landisburg, and at this term John D. Creigh and Frederick M. Wadsworth were admitted to practice. The president judge was John Reed, originally from Westmoreland county, but at that time the president judge of the
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district to which Perry county was attached by the organic act. The associate judges were W. B. Anderson and Jeremiah Madden.
Much of the litigation of that period was over land titles or surveys and there were several members of the old Carlisle bar who were fam- ous as "land lawyers." Among them were David Watts, Thomas Dun- can and Andrew Carothers, who practiced in every court as far as the Allegheny mountains, especially in the land cases. These disputes grew out of the belief that the Tuscarora, Shade and Blue mountains con- tained rich deposits of coal, because they were similar in appearance to the ranges in the Schuylkill region, where coal had been found. Says Judge Junkin: "It (coal) could not exist in this formation, because more than two miles below the coal measures. Still, owners of war- rants fought about over-lapping surveys and conflicting lines with as much spirit as if acres of diamonds were at stake. And the lawyers knew no better either, and hence they fought these barren battles with such zeal and skill that it resulted in building up a land system in Penn- sylvania which, when understood, is perfectly harmonious in all its parts."
These "land lawyers" were among the earliest practitioners in the Perry county courts, but in time they were supplanted by men of a younger generation, equal in legal learning and oratorical ability. With the knowledge that no minerals of value were to be found in the moun- tains, a large part of the litigation over titles and surveys ceased, and the younger lawyers came to occupy more prominent positions at the bar.
Following are the lists of judges and district attorneys who have presided over or been connected with the courts of Perry county :
President Judges-John Reed, 1820; Samuel Hepburn, 1839: Fred- erick Watts, 1849; James H. Graham, 1851 (two ten-year terms) ; Ben- jamin F. Junkin, 1871 ; Charles A. Barnett, 1881 ; Jeremiah Lyons, 1891 ; James N. Shull, 1901; William N. Seibert, 191I.
Associate Judges-W. B. Anderson and Jeremiah Madden, 1820; John Junkin, 1832 (served for nearly twenty years) : Robert Elliott, 1836; James Black, 1842 ; G. Blattenberger, 1844: John A. Baker, 1849; John Rice, 1851; Jesse Beaver, 1852; George Stroop, 1852: J. Martin Motzer, 1854; John Reifsnyder, 1856; David Shaver, 1859: Philip Ebert, 1861; Isaac Lefevre, 1862; Jacob Sheibley, 1864; John A. Baker,
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1867; George Stroop, 1869; John A. Baker, 1872; John Bear, 1874; Samuel Noss, 1877; William Grier, 1879; William Gladden, 1882; Joseph B. Garber, 1884; Samuel Woods, 1886; Henry Rhinesmith, 1889; James Everhart, 1891; John L. Kline, 1894; George M. Stroup, 1896; Isaac Beam, 1899; John Fleisher, 1901; Jacob Johnston, 1904; George Patterson, 1906; Lucius C. Wox, 1909; William Bernheisel, 191I.
District Attorneys-Benjamin F. Junkin, 1850; Charles T. Mc- Intire, 1853; John B. McAlister, 1856; F. Rush Roddy, 1859; Ephraim C. Long, 1862 ; Lewis Pattee, 1866; Benjamin P. McIntyre, 1869: Jacob Bailey, 1872; J. C. McAlister, 1875; J. C. Wallace, 1878; James W. Shull, 1881; Richard H. Stewart, 1884; J. C. McAlister, 1887; Lewis Potter, 1890; Luke Baker, 1893; W. H. Kell, 1896; James M. Sharon, 1899; James M. McKee, 1902; Walter W. Rice, 1908 (reelected in 191I).
It will be noticed that the president judges of Perry and Juniata counties have been the same since 1835, the two counties having been in the same judicial district since that date.
One of the most prominent men who ever occupied a seat on the supreme bench of Pennsylvania was born in Perry county. John Ban- nister Gibson, a son of Colonel George Gibson, who served in the Con- tinental army during the Revolution and who was killed at the time of General St. Clair's defeat in 1791, was born near the palisades known as "Gibson's Rock," on the banks of Sherman's creek, in the year 1781. At the age of nineteen he graduated at Dickinson College, after which he studied law and was admitted. In 1810 he was a member of the state legislature. On June 27, 1816, he was appointed a judge of the Pennsylvania supreme court by Governor Snyder to fill the vacancy caused by the death of Hugh H. Brackenridge, whose death occurred the day before. At the time of his appointment Judge Gibson was presi- dent judge of the district including Lycoming county. He remained on the supreme bench until his death, which occurred on May 3, 1853, and for a considerable portion of his service held the position of chief jus- tice. It has been said that his opinions "are marvels of perspicuity, sen- tentiousness, and accurate diction," received as authority, not only by the courts of this country, but also those of Great Britain.
The Huntingdon County Bar Association was organized on Sep- tember 14, 1886, with thirty-four charter members and the following
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officers : President, John MI. Bailey; vice-president, T. W. Myton; secretary, H. B. Dunn: treasurer, M. M. McNeil. The president and secretary of the association, in connection with E. S. McMurtrie, George B. Orlady, P. M. Lytle, J. R. Simpson, and D. Caldwell, constituted a board of managers. On September 20, 1886, the organization was con- firmed by the court and the first meeting for the transaction of business was on the IIth of October. During the twenty-seven years of its ex- istence the association has built up a fine library, raised the standard of qualifications for admission to the bar of the county, and has en- deavored to cultivate a more fraternal spirit among lawyers. In 1913 the officers were: J. R. Simpson, president ; R. A. Orbison, vice-presi- dent : J. S. Woods, secretary; Chester D. Fetterhoof, treasurer. The annual meetings of the society are held on the third Tuesday of January.
In Mifflin county the members of the bar were frequently called to- gether to discuss measures affecting the welfare of the courts and the legal profession, but no regular bar association was organized until May 21, 1901. At a subsequent meeting a constitution was adopted, to take effect on August I, 1902, and at the same meeting D. W. Woods was elected president ; T. M. Uttley, vice-president ; M. M. Mclaughlin, secretary; Rufus C. Elder, treasurer. No change has been made in the official roster since the organization of the association, except that in the death of D. W. Woods the association was left without a presi- dent, and since that time T. M. Uttley has discharged the duties of the office. The annual meetings of the association are held on the fourth Monday of January. In 1913 there were thirteen members in good standing.
THE MEDICAL PROFESSION
The "Country Doctor" has been eulogized in song and story, and probably no man in a new country is more deserving of eulogy. Before roads were opened through the trackless forest or over the mountains of the Juniata valley, the physician was in the frontier settlements, not so much for the hope of immediately accumulating wealth as to aid in developing the resources of the region. With his "pill-bags" thrown across his saddle he frequently rode through the wild woods in the dark- est night in order to answer the call of the afflicted, often knowing that his fee would be slow in coming, if it came at all. Money was scarce
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and the doctor often accepted in payment for his services such produce of the frontier farm as the pioneer husbandman could offer. In this way he managed to obtain food for himself and family and for the faithful horse upon which he must depend to answer the calls for his professional services. Compared with the modern specialist he might be considered the merest tyro in the science of medicine, but the settlers knew him and had confidence in his skill. And it is possible that, were the eminent specialist compelled to practice his profession under the same conditions, the country doctor might prove the better man. His medicines were few and not always easily obtained. In such cases he was generally resourceful enough to accept some simple "old woman's remedy" that would give the patient relief until better treatment could be brought to bear. If he was not profoundly learned in a knowledge of medicine, he knew a little of every branch of the subject, and what he lacked in college training he endeavored to supply with common sense. Consequently he was honored and respected and was a welcome visitor to the frontier homes in times of health as well as in times of sickness, a true friend.
In one of the old histories of Huntingdon county mention is made of a Dr. Smith, who was in the Hartslog valley as early as 1767, but little can be learned concerning him or his work. Jonathan Priestly, assessor, in his return of the property in what is now the borough of Huntingdon, gives the names of James Nesbit and George Wilson as physicians. Dr. Jonathan H. Dorsey was another early physician of Huntingdon. He married Mary, daughter of Robert Henderson and a granddaughter of Benjamin Elliott, the first sheriff of the county. John Henderson was one of the prominent physicians of Huntingdon at an early date and was the first president of the Union Medical Society, which was organized in 1825. A Dr. Loughran located at Shirleysburg early in the nineteenth century, but remained there only a short time. He was succeeded by Dr. J. G. Lightner, who settled there in 1821. Other pioneer physicians of Huntingdon county were Doctors Moore, Eby, Long, Baird, and Flickinger. A little later came Dr. J. A. Shade, Dr. Jesse Wright, Dr. John Gemmill, Dr. J. H. Wintrode, and Dr. J. R. Patton.
Probably the first physician in Mifflin county to acquire a permanent residence and reputation was a Dr. Buck, who located in 1794 where the
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Coleman House now stands on Market street. A few years later he removed to Perry county, and Dr. John Creigh took his place in Lewis- town. Subsequently he removed to Landisburg, where he practiced his profession until a short time before his death. Dr. William Watson settled in Lewistown about the same time as Dr. Creigh, and practiced there until 1806, when he went to Bedford. Joseph B. Ard began prac- tice in Lewistown about the time Dr. Watson left and continued there until about 1850. He died in Philadelphia in 1861. About 1810 Dr. Elijah Davis located at McVeytown and Doctors Roswell and Southard Doty settled about the same time in Lewistown. Other pioneer doctors of Mifflin county were Joseph Henderson, who located at Brown's Mills about the close of the War of 1812; Edward B. Patterson, at Lewistown about the same time; John Parshall, James M. Connell, Frank Swartz, Lewis Horning, Samuel Smith, Alexander Johnson, Augustus C. Ehren- feld, and Thomas Van Valzah.
Some of those of a later date were: Alexander McLeod, Christian Swartz, H. C. Wampler, William Jones, James Culbertson, Charles Bower, L. G. Snowden, Samuel Maclay, Benjamin Berry, and George V. Mitchell. Of these, Dr. Snowden practiced in McVeytown, Dr. Berry in Milroy, Dr. Bower in Newton Hamilton, and Dr. Mitchell in Belleville, where he had been preceded by Doctors Cook, Westhoven, and Bigelow.
In Juniata county the first physician of whom there is any authentic account was Dr. Ezra Doty, who settled at Mifflintown about 1791. He came from Connecticut and was an elder brother of Roswell and Southard Doty, who practiced in Lewistown. Dr. John Bryson, a son of Judge Samuel Bryson, studied medicine under Dr. Ezra Doty and commenced practice in Mifflintown in 1807. Five years later he went to Pittsburgh, where he continued in the profession until his death. The Crawfords-David, Samuel B., E. Darwin, James W. and David M .- were among the most noted of Juniata county's physicians during the first half of the nineteenth century. Other physicians of prominence during the same period were James Frow, John Harris, Joseph Kelly, Michael Shellenberger, John Green, Thomas Whiteside, J. W. Beale. Philo Hamlin, William Elder, John Irwin, Henry Harshbarger, George I. Cuddy. J. W. Pearce, and Samuel Floyd, located at various points in the county. Among the homeopathic physicians of this county may be
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mentioned Dr. Rheinhold, Dr. Frederick Long, Dr. William Smith, Dr. B. F. Book and Dr. Lewis P. Willig.
Perry county's pioneer physician was probably Dr. Henry Bucke, who located at Millerstown about 1805, or perhaps a year or two before that time. Dr. Samuel Mealy succeeded him about the close of the War of 1812. Dr. John W. Armstrong was engaged in practice at Duncan- non as early as 1818 and remained there for about six years, when he went to Liverpool, being the first physician to settle in that place. Some years later he went to Bellefonte and finally located at Princeton, New Jersey, where he died in 1870. He was a grandson of that Colonel John Armstrong who led the expedition against the Indians at Kittan- ning in 1756, later served as a member of the Provincial Congress, and rose to the rank of major-general in the Continental army. At the bat- tle of the Brandywine he was in command of the Pennsylvania line, and one of his sons was an aide-de-camp on the staff of General Gates.
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