Century history of Butler and Butler County, Pa., and representative citizens 20th, Part 31

Author: McKee, James A., 1865- ed. and comp
Publication date: 1909
Publisher: Chicago, Richmond-Arnold Pub. Co.
Number of Pages: 1526

USA > Pennsylvania > Butler County > Butler > Century history of Butler and Butler County, Pa., and representative citizens 20th > Part 31

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FIRST GRAND JURY.

The first grand jury empannelled in the county was at the May Session of court, 1804, at which the same judges presided. From the number of indictments for as- sault found at this term, it is inferred that the pioneers of Butler County were im- bued with the same spirit of combat that is found among the foreign element in Lyndora in 1908.

CIVIL CASES TRIED.

The first civil case tried in the county was that of Sturgeon's lessee and Robert Willowby vs. Thompson. The suit was for possession of four hundred acres of land, the outcome being the confession of "lease, entry and ouster," plaintiff suf- fering non-suit and jury paid by William Ayres. This case was tried at the May term, 1804, before Judge Moore and his

associates. On May 19th a "deed poll" was acknowledged from John McCandless, sheriff, to the president and directors of the bank of North America for twenty tracts of land in this county.

TAVERN LICENSES GRANTED.

The granting of tavern licenses seems to have been one of the duties imposed on the early Courts of the county. At the May Session, 1804, John Moser, Robert Gra- ham, George Bowers, and William Brown, of the town of Butler, and Guy Hilliard, Robert Boggs and Matthew White, of Con- noquenessing Township were recom- mended to the court as proper persons to keep tavern and licenses were ordered to be issued to them. As the population of the town of Butler in 1804 was less than five hundred, the number of licenses grant- ed to hotel keepers would appear to be ex- cessive under present conditions. In Au- gust of the same year tavern licenses were granted to Robert Reed of Slippery Rock, David Sutton of Middlesex, and Benjamin Garvin of Connoquenessing Township.

DIVISION OF TOWNSHIPS.

Previous to this time Butler County was subdivided into four townships, viz .: Buf- falo, Middlesex, Connoquenessing, and Slippery Rock. In 1803 six election dis- tricts were created in the county, the com- missioners being Jacob Mechling, James Bovard and Matthew White. At the Au- gust term of court, 1804, the county was divided into thirteen townships, as follows: Cranberry, Middlesex, Buffalo, Connoque- nessing, Butler, Clearfield, Muddycreek, Center, Donegal, Slippery Rock, Parker, Mercer and Venango. Nine of these town- ships were approximately eight miles square, and four of them in the northern part of the county were irregular in shape. During the years intervening be- tween 1804 and 1853, six additional town- ships were erected, making in all nineteen. A line extending from the west line of But-

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ler Township eastward to the Connoque- nessing Creek divided the original Butler into north and south Butler. Connoquenes- sing Township was divided by a north and south line, and Muddycreek similarly di- vided, the eastern half being given the name of Franklin. The eastern half of Slippery Rock Township was set apart as Cherry, and the other townships created were Allegheny, Washington, and Fair- view.

CATTLE MARKS REGISTERED.

On account of their cattle ranging the woods in the early days, the settlers adopt- ed marks for the purpose of identifying their stock. At the August term of court in 1804, Benjamin Zerber registered his cattle mark, which had then been in use for five years. The mark is described as fol- lows: "A crop of the right or off ears to wit : one-fourth of the ear cut off."

THE COURT IN 1805-1806.

The court was formed in 1805 with Hon. Jesse Moore as president judge and John Parker and James Bovard associates. John McCandless, the first sheriff of the county, took the oath of office in October of that year. In February, 1806, associate judges Findley, Parker, and Bovard were present, and they, with Judge Moore, formed the court. Among the jurors at that term of court were Philip Hartman, Robert Lea- son, A. McMahan, and Thomas Dougan.

Hon. Jasper Yeates, Judge of the Su- preme Court, was present in September, 1806, and judge of the Circuit Court of this county, and Hon. Thomas Smith pre- sided here in the same capacity in Septem- ber, 1807. Hon. H. H. Breckenridge of Pittsburg presided as circuit judge at the September Session of court in 1808. March 6, 1809, John Gilmore, who was the first prosecuting attorney of the county, or deputy attorney general, resigned, and Charles Wilkins was appointed to fill the vacancy.

Chief Justice William Tilghman pre- sided as circuit judge in September, 1809, and in 1810 John Gilmore was appointed prosecutor.

CONTEMPT OF COURT CASES.

The early judges and officers of the court appeared to have a due regard for the gen- tler sex. The court records of May 11, 1811, show that Sarah Shorts was adjudged to be in contempt of court for not obey- ing a subpoena in the case of Hays vs. Ash. There is no record that she was ever pun- ished for the disobedience, and it is said that her sex saved her from the wrath of the court. At the November session in 1811 John Elliott, William Downing, Hugh Flemming and Ben. Fletcher had attach- ments issued against them for not respond- ing to subpænas and in 1813 this derelic- tion on the part of witnesses became so common as to make the adoption of strin- gent measures necessary to secure their at- tendance.

At the May term of court, in 1815, Will- iam Martin was found guilty of an assault on Sheriff Samuel Williamson, while the latter was in the execution of his office, and was fined ten dollars, with three months imprisonment and compelled to furnish a bond of five hundred dollars to keep the peace-especially toward Samuel William- son, Esq., and to pay all the costs of the prosecution.

Samuel Roberts took his seat as presi- dent judge in the court of Butler County November 9, 1818. His associates were Judges Parker and Bovard. The commis- sion of William Wilkins as president judge of the 5th judicial district, of which But- ler County was part, was read in open court April 2, 1821.

In October, 1824, Charles Shaler pre- sided as judge with John Parker and James Bovard associates.

PROBATE COURT CREATED.

Owing to deaths occurring among the

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pioneers probate business was added to the work of the court in this year (1824).

THE M'JUNKIN-HALLECK TRAGEDY.

The year 1824 was marked by an unfor- tunate tragedy in the county. In the latter part of June, a young man named Frank- lin B. Halleck, who had been boarding at Mechling's tavern in Butler, left owing a day's board. Mechling swore out a ca- pias, which was placed in the hands of the sheriff, who started in pursuit of Halleck. It appears that Halleck's route lay through what is now Brady Township, and as the sheriff was passing the house of David Mc- Junkin he met the latter, who was just starting on a hunt. He ordered McJunkin to pursue the fugitive, and the latter did so. Overtaking Halleck, McJunkin com- manded him to halt. The command being unheeded, McJunkin raised his rifle and fired, the ball striking Halleck near the spine, and inflicting a wound from the ef- fect of which he died eleven days later. McJunkin was arrested on charge of mur- der. At the trial he was found guilty of voluntary manslaughter and was sentenced to two years confinement at hard labor in the penitentiary at Philadelphia.

COURT DOCKETS WRITTEN UP.

In April, 1828, Judge Shaler ordered a complete index from the continuance dock- et to be made and a copy of the execution docket from February, 1813, to April, 1824, to be written. An abuse was cor- rected in January, 1829, when Judge Sha- ler ordered that no executions could be is- sued upon a judgment on a bond given to the treasurer for surplus moneys which might become due by purchases of land for taxes until scire facias should first is- sue. In July of this year William Stew- art, clerk of the Orphans' Court, was or- dered to make a copy of the Orphans' Court docket from 1803 to July 11, 1829, in a legible hand.

BREDIN APPOINTED JUDGE.

In 1831 John Bredin, of Butler, was ap- pointed judge of the district, and with his associates presided over the courts of But- ler County until 1851.

THE COOLY MURDER TRIAL.

September 11, 1833, Robert B. Cooly was found guilty of murder in the second de- gree and sentenced to seven years in the penitentiary of the western district at Al- legheny.

From 1833 to 1840 the records of the court show no cases of special importance. John Parker and James Bovard were as- sociate justices during this period and at the September term, 1840, John Duffy qualified as associate judge, thus placing three Irishmen, all natives of the same county in Ireland, on the bench at the same time.

In November, 1841, John Ray was chosen by the court to fill a vacancy on the board of county commissioners caused by a failure to elect in the preceding Oc- tober election.

THE MOHAWK TRIAL.

The celebrated trial of the Common- wealth vs. Samuel Mohawk, charged with the murder on Saturday, June 30, 1843, in Slippery Rock Township, of Mrs. James Wigton and her five children, was begun December 13, 1843, before Judges John Bredin and John Duffy and the following named jurors : John Brandon, Isaac Boyer, Henry Barnhart, Robert E. Hays, John Olliver, Robert Hay, Robert Lemmon, Samuel Marshall, George A. Kirkpatrick, John Gilmore, William Cunningham, and John Dull. The trial, which lasted several days, during which forty-eight witnesses were examined, resulted in a verdict of guilty, a sentence of death, and the hang- ing of the murderer in Butler, March 22, 1844.

The crime for which Mohawk paid the

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extreme penalty of the law was one of the most horrible in the history of the state, and created such excitement among the people of the entire county that it was only through the most earnest efforts of those upholding the supremacy of the law that a lynching was prevented, and his le- gal conviction and execution rendered pos- sible. Even after his trial and conviction a posse of citizens was organized in the northern part of the county and started for Butler with the determination to take the prisoner from the authorities and hang him. Word had been received in Butler of the intentions of the party and James G. Campbell, who was then sheriff, with the assistance of the late Judge Ebenezer McJunkin, the late John H. Neglay, and other citizens of the town, organized a gar- rison and barricaded the jail. They were assisted in this work by Capt. McCall, a retired army officer, who was at that time living in the property recently occupied by St. Paul's Orphans' Home. The party of countrymen came as far as the old Sleppy Tavern on the Sunbury Road, where they were met by a delegation of citizens from Butler, who gave them assurances that the dignity of the law would be maintained and that Mohawk would be executed according to the order of the court. Having their fears allayed, the party disbanded and went to their homes.

Samuel Mohawk, who was a Cornplanter Indian, was born December 25, 1807, on the Cattaraugus Reservation in New York. He attended a Quaker school in his youth and subsequently engaged in hunting and farming. He was married about 1832 to Lydia Kypp, from whom he secured a di- vorce, and he afterwards married Sara Sil- verheels, a member of his tribe. On the day before the murder he made his ap- pearance in Butler, where he put up at Brinker's Tavern, and spent his time drinking. It is supposed that he came to Butler from Pittsburg, as was the custom of the Indians at the headwaters of the

Allegheny River to go to Pittsburg on rafts and to return to their homes either by way of the old Franklin through the western part of Butler County, or over the Pittsburg and Butler Pike through Butler. On the same evening he left But- ler, taking the stage for the Stone House Tavern, at the intersection of the Frank- lin Pike and the Butler and Mercer Pike. The same evening he appeared at a tav- ern in Prospect, and on account of his un- ruly and ugly disposition caused by drink- ing, he was thrown out of the house. He is supposed to have spent the night in the vicinity of the Stone House, and the next morning he proceeded to the house of James Wigton. What occurred there is best told in the words of his confession of the crime committed by him. It is as fol- lows:

" Opened the door, entered and saw the woman, asked her for a ax; she said she had none; then asked her for a knife, which she gave me, and I cut at her, and I think I hit her on the arm. She attempted to escape, went out of doors, I followed, she returned into the house and tried to close the door on me, but I pushed it in with both hands and entered. She went out again, I followed and caught her about five rods from the door. She succeeded in taking the knife from me and threw me, but she held the knife while I held her wrists. In the struggle the knife cut the back of my head, when I pushed the woman off and struck her with my fist. She said, ' you mustn't kill-I'll give you money,' but I took up a stick of some size and struck her .on the head, when she fell. I then took a stone, struck her and thought she was dead. I went into the house with the same stone, saw a child of five or six years of age which I struck and killed; saw another small child in the cradle, which I killed at once, then heard a child crying up stairs, went up with a stick and struck the three children on the head and next went to the spring to get a drink; went back to the house and heard a child crying up stairs, got a large stick, and went up stairs, struck one of the children, on the large bed, that was moaning, and it made no more noise. On coming down, saw the woman moving and struck her with a stone on the head three times."".

At the very time that this fearful crime was being committed, James Wigton, the husband and father of the family, was at his father's house, less than a mile distant. The murder was discovered before his re- turn by Lemuel Davis, who, with his wife and son, had arrived at the Wigton home

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to help him with some hoeing. The alarm was given and the entire neighborhood was aroused. Suspicion at once pointed to Samuel Mohawk, who had passed Joseph Kennedy's house that morning and had thrown a stone at a young son of Ken- nedy's. Pursuit was organized, and the murderer was captured, after a struggle, at the house of Philip Kiester, of which he had taken forcible possession, after terrorizing and putting to flight the women, there being no men at home.

After his capture he was taken to the Wigton home, where he confessed his crime. A determination on the part of those present to lynch him was only over- come by the strong appeals of a few of the cooler headed present. After being turned over to Sheriff Campbell, he was taken to Butler, lodged in jail, and in the course of a few months tried for the mur- der, found guilty, sentenced, and executed in the manner set forth. Although Mo- hawk confessed his crime, and made a pro- fession of religion before his execution, his body was denied burial in any of the ceme- teries of Butler, and it was interred in a secluded spot near the St. Paul's Orphans' Home, in what is now called Oakland Place in the northeastern section of Butler Borough.

THE NELLIS MURDER.

In January, 1844, Elijah Nellis was tried for the murder of his wife, Margaret, whom he had strangled. He was convicted of murder in the second degree and sen- tenced for twelve years to the penitentiary.

COURT OF 1845.

In June, 1845, Christian Buhl qualified as associate judge, and with Judges Bre- din and Duffy, composed the court.

ELECTION OF JUDGES.

A Constitutional amendment was adopted in 1850, making the office of presi- dent judge and associate judges elective,

and fixing the term of the former at ten years, and the latter at five years. This amendment was made effective by an act of the Legislature approved April 15, 1851, and providing for the election of pre- siding and associate judges.

Daniel Agnew was appointed judge of the district in 1851, and elected under the new law in 1853, for a term of ten years.

THE DUFF MURDER TRIAL.

November 5, 1851, John Duff was tried for the murder of his twin brother, Will- iam. The State was represented by the late John H. Negley, then deputy attorney general for the county, while Smith and Mitchell appeared for the defense. The evidence developed the fact that the ac- cused had repeatedly made threats against his brother's life. A verdict of guilty of murder in the first degree resulted, fol- lowed by a motion for a new trial, which was granted in January, 1852. At the sec- ond trial the murderer withdrew his plea of not guilty and pleaded guilty to murder in the second degree. He was sentenced to the penitentiary for a term of eleven and one-half years, and served his full time.

CONSTABLE FERGUSON KILLED.

In 1853 Constable Ferguson was killed in what is now Jefferson Township, while attempting to arrest Casper Lampartner. Lampartner and his wife, Emeranza, were tried for the murder at the May term of court. The former was convicted, but aft- erwards made his escape from jail and was never recaptured. His wife was acquitted. The state was represented in this case by John H. Negley.

THE COURT IN 1853.

In June, 1853, the court consisted of Hon. Daniel Agnew, president judge, and John McCandless and Samuel Marshall, associate judges. The particular event of this term of court, which is remembered

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by the older citizens, was the charge of Judge Agnew to the jury that tried the case of the Commonwealth vs. Francis Croft. Croft was indicted for plowing up a burial ground, but owing to a defect in the act of the assembly of 1849, providing punishment for such desecration, the judge directed the jury to bring in a verdict of acquittal. This, however, did not prevent the learned judge from expressing his views on the question of desecrating grave yards.

THE COOPER MURDER TRIAL.

George Cooper, who was the keeper of a hotel at Glade Mills, became involved in a quarrel with Matthew Ramsey on the night of October 9, 1856. A crowd had gathered at the hotel on election night, and during the evening Ramsey had become boisterous. In endeavoring to preserve order in his house, Mr. Cooper attempted to eject Ramsey and in the scuffle struck him on the left temple. Ramsey died from the effects of the blow, and Cooper was in- dicted for murder, tried before Judge Ag- new, and acquitted.

A change was made in the associate judges in 1856, and Jacob Mechling, Jr., and Thomas Stevenson took their places on the bench, with Judge Agnew.

There appears to have been no events of importance recorded until June, 1860, when a record was made of the first con- viction of the county for selling liquor without a license. In December, 1861, James Mitchell and James Kerr were the associates of Judge Agnew.

M'GUFFIN ELECTED JUDGE.

In December, 1863, Hon. Lawrence L. McGuffin, who had been elected to succeed Judge Agnew, presided, his associates be- ing Judges Kerr and Mitchell. Another change was made in the associate judges in December, 1866, when Joseph Cum- mings and Thomas Garvey qualified.

THE ADDLINGTON MURDER TRIAL.

The trial of John B. Addlington, charged with the murder of Sydney B. Cunning- ham and Mr. Teeples at a dance in Por- tersville, on the night of December 25, 1866, was begun March 6, 1867, before Judges McGuffin, Cummings and Garvey. The state was represented by W. H. H. Riddle, E. McJunkin and L. Z. Mitchell, and the defendant by C. McCarthy, Charles McCandless, John N. Purviance, John M. Thompson, and T. E. J. Lyon. The trial continued until March 21, and re- sulted in a verdict of guilty of murder in the first degree. In 1868, upon a rehear- ing, Addlington pleaded guilty to murder in the second degree, and was sentenced to a term of twenty-five years in the peni- tentiary. After serving six years, he re- ceived a pardon, owing partly to the fact that others concerned in the tragedy had never been brought to trial. Addlington died about 1898 at the Soldiers' Home, in Erie, Pennsylvania.

Cunningham and Teeples, who were the innocent victims of this tragedy, were resi- dents of New Castle, and were attending the dance, which was held at a hotel in Portersville. It appeared that Addlington was jealous of the attentions paid by one . of his neighbors to Mrs. Addlington, and that he went to the party for the purpose of taking vengeance on the destroyer of his home. A fight started in the office of the hotel, the lights were put out, and in the darkness a free-for-all melee occurred. When order was restored, Cunningham and Teeples were found on the floor, both mortally wounded.

THE HOCKENBERRY TRIAL.

The trial of Zachary Taylor Hocken- berry for the murder of Nancy Ann Mc- Candless, October 3, 1868, took place be- fore Judge McGuffin and associates, April 19, 1869. The Commonwealth was repre- sented by District Attorney John M. Greer and E. McJunkin, and the accused's attor-

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neys were John M. Thompson and Charles McCandless. A verdict of guilty was re- turned April 28, a sentence of death was pronounced September 10th by Judge Mc- Guffin, and carried into effect December 7th, 1869, when Hockenberry was hanged at the Butler jail. His crime was caused by jealousy. Intending to disfigure the face of Miss McCandless, he fired at her with a rifle through a window, while the family were sitting at supper. His aim was too true, however, and instead of dis- figuring the object of his affections, he killed her instantly.

SCHUGART-MARTIN TRIALS.

In July, 1869, Philopoena Schugart was found guilty of murder in poisoning her husband, Jacob Schugart, of Butler Bor- ough. Owing to there being some doubt of her sanity, the death penalty was.not in- flicted, and she was sent to Dixmont Asy- lum.

In the following January, Joseph Mar- tin, charged with being her accomplice, was acquitted. The Commonwealth was represented in these two cases by District Attorney John M. Greer.

CONSTITUTION OF 1873.

The Constitution of 1873 provided that "whenever a county shall contain forty thousand inhabitants it shall constitute a separate judicial district and shall elect one judge learned in the law and the gen- eral assembly shall provide for additional judges as the business of such district may require. Counties containing a population less than is sufficient to constitute separate districts shall be formed into convenient single districts, or, if necessary, may be attached to contiguous districts as the gen- eral assembly may provide. The office of associate judge not learned in the law, is abolished in counties forming separate dis- tricts, etc." In accordance with this amendment, Butler County having more than forty thousand inhabitants, was

erected into the Seventh Judicial District in 1874, with Lawrence County attached. Associate judges were elected until 1885, when the question arising, the supreme court decided that Butler County being a separate judicial district and entitled to the presiding judgeship, the office of asso- ciate judge was abolished in the county. The business of the courts of the Seven- teenth Judicial District having increased to such an extent that an additional judge was necessary, the Legislature of 1874 passed an act creating an additional law judge for Butler and Lawrence Counties, and Hon. Charles McCandless was accord- ingly appointed additional law judge to serve until the next succeeding election.

In the fall of 1874 Hon. E. McJunkin and James Bredin were elected judges for the district and took their places on the bench January, 1875. By casting lots Judge McJunkin became president judge of the district and Judge Bredin addi- tional law judge. Judge McJunkin had resigned his seat in Congress to accept the office of judge, and Col. John M. Thomp- son was appointed to fill that vacancy.

THE JUDICIAL CONTEST OF 1884.

The candidates for judicial honors in 1884 were James Bredin, John M. Greer, Ebenezer McJunkin, of Butler, and John McMichael and Aaron L. Hazen, of New Castle. The vote of the two counties was as follows: John McMichael, 7,252; Aaron L. Hazen, 7,199; John M. Greer, 7,054; James Bredin, 5,345, and Ebenezer Mc -. Junkin, 3,784. The returns of each county showed that James Bredin received 4,457 and John M. Greer 4,288 votes in Butler County alone, and on this showing the for- mer claimed to have been elected judge of the Seventeenth District in opposition to the certificate of the canvassing board, who declared John McMichael and Aaron L. Hazen, who were the Lawrence County candidates, the judges-elect.

The political canvass that preceded this

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election was one of the bitterest in the his- tory of Butler County. Judge Bredin was a candidate for reelection on the Demo- cratic ticket, and Judge McJunkin, who had been a candidate at the Republican primaries for reelection, was defeated by John M. Greer. Judge McJunkin then ran as an independent candidate at the fall election with the result that all the Butler County candidates were defeated. Owing to the contention arising that Butler Coun- ty alone constituted the Seventeenth Ju- dicial District, and that she had a right to elect at least one law judge for that dis- trict under the act of August 7, 1883, Judge Bredin began a contest. The mat- ter was heard before a court which con- vened at Butler December 22, 1884, and which was composed of Hon. Henry Hice of the Thirty-sixth Judicial District, Hon. James B. Neale of the Thirty-third Judi- cial District, and Hon. Samuel S. Mahard, of the Thirty-fifth Judicial District. The question submitted was, whether Butler County alone constituted the Seventeenth Judicial District, and her right to elect at least one law judge for that district under the act of August 7, 1883. In that act But- ler County was set apart as the Seven- teenth district; Lawrence County was at- tached for judicial purposes, and the elec- tion of two judges, one of whom must re- side in New Castle, was ordered. The election of November, 1884, was held under this act. Judges Hice and Mahard held that Butler County, under the act of 1883, did not have the right to elect one judge for her courts, but that with Lawrence County she should elect two judges, whose jurisdiction was equal in both counties. Judge Neale dissented from this opinion and so the petition of James Bredin was dismissed. No appeals having been taken, commissions were issued to the Judges McMichael and Hazen. Judge Hazen be- came the president judge of the district, and resided in Butler, while Judge Mc-

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Century history of Butler and Butler County, Pa., and representative citizens 20th, Part 31

Author: McKee, James A., 1865- ed. and comp Publication date: 1909 Publisher: Chicago, Richmond-Arnold Pub. Co. Number of Pages: 1526

Author: McKee, James A., 1865- ed. and comp
Publication date: 1909
Publisher: Chicago, Richmond-Arnold Pub. Co.
Number of Pages: 1526