USA > Pennsylvania > Luzerne County > Families of the Wyoming Valley: biographical, genealogical and historical. Sketches of the bench and bar of Luzerne County, Pennsylvania, vol. II > Part 31
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H. B. Burnham, son of Judson Williams Burnham, was born in Spencertown, Columbia county, N. Y., September 10, 1824.
841
HORACE BLOIS BURNHAM.
He removed with his parents to Carbondale in 1832, and when of proper age entered the law office of Dwight N. Lathrop. After his admission to the bar he practiced in Carbondale until 1849, when he removed to Mauch Chunk, Pa., where he practiced until 1861. He then entered the army as lieutenant-colonel of Sixty-Seventh regiment of Pennsylvania Volunteers. He was judge of the Hustings court of the city of Richmond, Va., from September 11, 1867, to June 9, 1869; president judge of the Su- preme Court of Appeals of Virginia from June 9, 1869, to April 29, 1870; major and judge advocate United States army from October 31, 1864, to July 5, 1884 ; and since a lieutenant-colonel and deputy judge advocate general United States army. Mr. Burnham's judicial duties in Virginia were imposed by the laws of the United States known as the "Reconstruction Laws." During their performance he was an officer of the army and also legal adviser of major generals Schofield, Canby, Webb, and Stoneman, who were officers commanding that military district. Since that time he has continued to be the judicial adviser of major generals Terry, Augur, Ord, Crook, and Howard, in Georgia, Kentucky, Texas, and Nebraska. His present duty is deputy judge advocate general of the military division (of the Pacific), with headquarters in San Francisco, the division including Cali- fornia, Nevada, Arizona, New Mexico, Oregon, Washington Territory, and Alaska. Mr. Burnham has practiced in most of the courts of north-eastern and eastern Pennsylvania, and in the Supreme Court of Pennsylvania, and Circuit Court of the United States. As judge advocate and deputy judge advocate general United States army he has represented the rights of the United States and tried cases in the various courts of the District of Columbia and the states of Virginia, Nebraska, and California and in the territory of Utah, and in the Circuit and Supreme court of the United States. Since the above was written he has retired on account of age from the position of deputy judge advo- cate general. Mr. Burnham married, February 22, 1846, Ruth Ann Jackson, whose grandfather was Nathan Jackson, of New York City. Her father was Doctor Nathan Jackson, of Carbon- dale. Mr. and Mrs. Burnham have a family of three children- Nathan Jackson Burnham, a lawyer, of Omaha, Nebraska ; Mary,
842
GEORGE GRANT WALLER.
wife of Professor John S. Collins, of St. Louis, Mo .; and Anna, wife of Lieutenant Lewis Merriam, Fourth United States Infantry. Mr. Burnham resides near Richmond, Henrico county, Va.
GEORGE GRANT WALLER.
George Grant Waller, who was admitted to the bar of Luzerne county April 7, 1846, is a native of Wilkes-Barre, Pa., where he was born May 3, 1821. He is the son of Captain Phineas Wal- ler, a native of Wilkes-Barre (now Plains) township, where he was born in 1774. In 1776 he went to Connecticut in company with his father, Captain Nathan Waller, and returned to Wyo- ming in 1782. At the time of his death he was the oldest person living that was born in this valley. The father of Captain Phineas Waller was Captain Nathan Waller. He was a native of Con- necticut, and emigrated to the Wyoming Valley at an early day. His wife was Elizabeth Weeks, a daughter of Thomas Weeks, a native of Fairfield, Conn., who came to Wyoming with the first two hundred settlers in 1769. His brothers-Jonathan Weeks, Philip Weeks and Bartholmew Weeks-were slain in the battle and massacre of Wyoming. Jonathan Weeks, the father of Thomas Weeks, came from Fairfield, Conn., to Wyoming with his wife, Abagail, and two sons, Jonathan and Philip, in 1762-63. They escaped the massacre of 1763. Philip and Thomas, his sons, came to Wyoming in 1769; the father, with Jonathan and Barthol- omew and two daughters, came soon afterwards. Captain Nathan Waller died July 11, 1831, aged 79 years.' The wife of Phineas Wal- ler, and mother of George G. Waller, was Elizabeth Jewett, born October 9, 1780, in New London, Conn., and married in Wilkes- Barre March 31, 1814. She was the daughter of Jacob Hibbard Jewett, born August 11, 1745. He was educated at Cambridge, studied medicine with Dr. E. A. Holyoke, and settled in New London (now Montville), Conn. Doctor Jewett served as a sur- geon in the American army during most of the revolutionary
843
GEORGE GRANT WALLER.
.
war. He died in his native town April 26, 1814. His wife, Pa- tience Bulkeley, was born April 23, 1749, married in August, 1769, was the daughter of Major Charles and Ann (Latimer) Bulkeley, and granddaughter of Rev. John and Patience Prentice Bulkeley, first minister of Colchester, Conn. (See page 285.) In 1815 Dr. Jewett's family moved to Wilkes-Barre, where his widow, Patience, died in February, 1830. Doctor Jewett's great- great-grandfather, Maximillian Jewett, was of Rowley, Mass. He was admitted freeman in May, 1640, representative in 1641 and for sixteen years afterward. Ezekiel Jewett, son of Maxi- millian Jewett, was admitted freeman in May, 1669, a deacon, representative of Rowley in 1690. Stephen Jewett was a son of Ezekiel Jewett. Rev. David Jewett, of Rowley, son of Stephen Jewett, was born June 10, 1714, graduated from Harvard College in 1736, ordained pastor of the Second Church in New London (now Montville), Conn., Oct 3, 1739, died June 6, 1783. Before going to New London he was employed as a missionary to the Mohegans, and acquired the favor of the sachem and his tribe. No minister in the country stood higher among his own flock or in the esteem of his brethren than Mr. Jewett. He was a chaplain in the army in 1756, afterwards in the French war and in the revolution. He was the father of Dr. David Hibbard Jewett, the father of Elizabeth Waller, wife of Phineas Waller.
George Grant Waller was educated in the schools of this city, at Lancaster, Pa., and at Williams College, where he graduated in 1844. He read law with Judge Collins in this city. He has practiced in this city, at Bloomsburg, but principally at Hones- dale, Pa., where he now resides. He married, October 11, 1854, Lizzie J. Bentley, a daughter of Benjamin S. Bentley and Hannah Bentley, his wife. Mrs. Waller was a native of Montrose, Pa. Mr. Bentley was appointed president judge of Lackawanna county at its organization, on August 21, 1878, but the Supreme · Court held that there was no vacancy in the office at the time of his appointment, and that, under the provisions of the new county act, Lackawanna was not a separate judicial district, and, there- fore, the only court authorized by law was that to be established by the judges of Luzerne county, who organized the courts of Lackawanna county October 24, 1878. He was also appointed
844
FRANKLIN STEWART.
by Governor Hartranft president judge of the 29th judicial district when Lycoming county was made a separate district. Mr. and Mrs. Waller have but one child living, Bessie B. Waller. George G. Waller is a brother of the late Judge Charles P. Waller, of Wayne county, Pa.
FRANKLIN STEWART.
Franklin Stewart, who was admitted to the bar of Luzerne county, Pa., August 3, 1847, is a native of Wilkes-Barre township where he was born November 14, 1822. His great-grandfather, Lazarus Stewart, came with his family from the north of Ireland to America in 1729. The same year he settled on a tract of land "situate on Swahatawro creek," in afterwards Hanover township, Lancaster county, Pa. With the aid of two redemptioners, whose passages were paid by him, he built within that and the two years following a house and barn, cleared twenty-odd acres of arable land, and planted an orchard. He died about 1744. Mar- garet Stewart, eldest daughter of Lazarus Stewart, married James Stewart, of Hanover, a cousin or second cousin. James Stewart, son of James Stewart, was born in Lancaster county about 1737, and came to Hanover, Luzerne county, with his brother, Captain Lazarus Stewart, the "Paxtang Ranger," in 1769 or 1770, returned to Lancaster county before the battle and massacre of Wyoming in 1778, married Priscilla Espy, lived in Lancaster county, died there in 1783. His widow married Captain Andrew Lee. Lazarus Stewart, son of James Stewart, was born in Lan- caster county in 1783, and came to Hanover with his step-father, Captain Andrew Lee, in 1804. He married Elizabeth Crisman, daughter of Frederick Crisman, of German descent, who came to Hanover as early as 1788. Mr. Crisman built and kept the " Red Tavern," in Hanover. Lazarus Stewart resided in Wilkes-Barre and died here in 1839.
Franklin Stewart, son of Lazarus Stewart, was educated in the schools of his native place and at Dana's academy, and read law with Jonathan J. Slocum. He married, in 1854, Mary C. Wilson,
845
FRANKLIN STEWART.
a daughter of A. B. Wilson, M. D., who was born June 11, 1797, in Madison county, Va. In 1800 his father's family moved to Montgomery county, Pa. He received his education at the Hat- borough Academy and University of Pennsylvania. He moved temporarily to Wilkes-Barre for the benefit of his health, and commenced reading medicine under Doctor Crary, and continued his studies under Doctor William Batchelor, of Hatborough. In 1818 he commenced practicing medicine, and in 1822 he moved to Berwick, Pa. He died in 1856. The wife of Dr. A. B. Wilson was Minerva Jameson, a daughter of Alexander Jameson, son of Robert Jameson, son of John Jameson. (See page 301.) The wife of Alexander Jameson was Elizabeth Stewart, a daughter of Captain Lazarus Stewart, who was born in Lancaster (now Dau- phin) county, Pa., in 1734. He served in the old French and Indian war of 1755 to 1763 ; was in Braddock's defeat; married Martha Espy, daughter of Josiah Espy, son of George Espy, son of Josiah Espy; was captain of the Paxtang Rangers ; came to Hanover in Wyoming as a settler with forty Lancaster county men late in 1769, or in February, 1770. Within the year 1770 his forty were reduced to thirty Lancaster county men, to whom were added ten New England men. By 1772 these were reduced to eighteen men, who hired another eighteen men, thus keeping up, according to an understanding with the Susquehanna Company, their number to not less than thirty-six. Lazarus Stewart was the fiery and daring Yankee leader of those stirring times. He resided in a block house of his own on his land in Hanover, about ninety rods below the Wilkes-Barre line. He was killed at the head of his company in the battle and massacre of Wyoming. Lazarus Stewart was undoubtedly responsible for the battle and massacre of Wyoming, on July 3, 1778. It was a mistaken judgment on his part, which he afterwards sealed with his blood. Hon. Steuben Jenkins, in his Historical Address at the Wyoming Monument, July 3, 1878, says: "The cool and more judicious of the officers on whom the responsibilities rested thought prudence the better part of valor, and decided that their present position being tenable against a superior force, and serv- ing to protect the lower and main part of the valley from the encroachments of the enemy, would answer the purpose of pro-
1
846
FRANKLIN STEWART.
tection to that part of it until the expected reinforcements should arrive. At this point in the debate Lieutenant Timothy Pierce arrived with information that the company of Spalding was on its way, and would probably arrive on Sunday for their assis- tance." The battle was fought on Friday. "This news did not, however, calm the troubled waters. It was contended that Sun- day would be too late ; that the enemy by that time could prowl through the valley, rob and burn their homes, or kill and take captive the women and children, drive off their horses and cattle, and destroy their harvests while they, like base and cowardly pol- troons, were standing by with arms in their hands, and seeing him do it without making an attempt to prevent it. * The discussion became heated and personal. Charges of cowardice were made by Captain Lazarus Stewart, then a private in Cap- tain McCarrachen's Hanover company, against all who opposed advancing, particularly against Colonel Butler, the principal commander, who was against an advance, and he threatened to report him as such to headquarters. Stewart was ordered under arrest by Colonel Denison. The Hanover company became mutinous. Captain McCarrachen resigned, and the company immediately elected Stewart in his place. They now threatened a revolt unless a march should be immediately made against the enemy. Colonel Denison, a cool and quiet man, who had taken little or no part in the discussion, as yet, urged the pro- priety of careful and considerate action, and the impropriety and danger of hasty and inconsiderate action ; that it would be far better to wait until more was known of the number and move- ments of the enemy; that it was hardly possible that they would attempt to overrun the valley as matters then stood ; that a little delay would give them more information upon these points, when they could act intelligently, and in the meantime Spalding's and Franklin's companies would arrive-the latter cer- tainly. These suggestions did not meet the feelings and views of the men generally. They had become warmed up by the fiery words of Captain Stewart, and declared that it would be a dis- grace never to be forgotten or forgiven should they remain there or lie cooped up in a fort while the enemy should devastate the valley, plunder and burn their homes, and then draw off with
847
FRANKLIN STEWART.
their booty, and they too cowardly to offer the least resistance. It was therefore determined to march and meet or attack the enemy. When it was decided to advance or attack the enemy, Colonel Butler discharged Captain Stewart from arrest, saying : ' We will march and meet the enemy, if he is to be found, and I will show the men that I dare lead where they dare follow.'" Jonathan Terry, who was in Forty Fort on the day of the battle, said (see appendix to History of Bradford county) "that the leading officers in the fort were for delaying the attack until the expected reinforcements arrived, or perhaps keep the fort and defend themselves therein. Stewart was of a contrary opin- ion. A very warm altercation now in a special manner took place between Stewart and Colonel Denison as to the expediency of attacking the enemy under present circumstances. He would fight that very day or else march his men back and never attempt to aid them any more, and finally charged Denison and those of his opinion with cowardice. Denison, well known to be a candid man, now became provoked, anger took place, and he said he would not hear that. If Stewart would go out and die (oaths passed) he would venture himself in it." Stewart Pearce, in his " Annals of Luzerne County," says: "On the morning of the battle they were assembled in Forty Fort, when a council of officers was convened to decide on the propriety of marching out to meet the foe. Colonel Butler and others deemed it advisable to remain in the fort. Captain Stewart was prominent among those in oppo- sition who contended for a prompt and speedy conflict with the invaders in the open field. The debate became animated and was marked with warm words."
Mr. and Mrs. Franklin Stewart have a family of three children- Alexander W. Stewart, Minnie W. Stewart and Martha J. Stewart, wife of Charles Graham, jr., of Kingston. Mr. Stewart resides in Berwick, Pa.
848
FRANCIS LORD BUTLER.
PHILO CALLENDER GRITMAN.
Philo Callender Gritman, who was admitted to the bar of Lu- zerne county, Pa., November 10, 1848, is a native of Sherburne, Chenango county, N. Y., where he was born October 29, 1828. His grandfather, John Gritman, whose wife was Letitia Carman Syphers, was a native of Jamaica, Long Island, and his father, William Sypher Gritman, M. D., was born in Poughkeepsie, N. Y. His wife was Joanna Callender, a native of Hartford, Conn. P. C. Gritman was educated at Franklin Academy, Harford, Pa., and Dewey Collegiate Institute, and read law with T. P. Phinney, at Dundaff, Pa., and D. N. Lathrop, of Carbondale. He was the first principal of the Lackawanna Institute, at Carbondale, which was kept several years. He was district attorney of the mayor's court of Carbondale in 1857, 1858, 1859, 1862, 1863, 1864, 1865, 1869, 1870and 1871, and represented Luzerne county in the legisla- ture of the state in 1857 and 1858. Mr. Gritman married, August 25, 1852, Jane Ball, a daughter of William Ball, of Carbondale. He was the first secretary of the common council of the city of Car- bondale. (See page 168). Mrs. Gritman was educated at the Young Ladies' Institute at Pittsfield, Mass. Mr. and Mrs. Grit- man have one son, William Ball Gritman, of the Lackawanna county bar. S. L. Brown, of this city, is a brother-in-law of P. C. Gritman, his first wife, Almira C. Gritman, being a sister of P. C. Gritman.
FRANCIS LORD BUTLER.
Francis Lord Butler, who was admitted to the bar of Luzerne county, April 6, 1849, is a native of Wilkes-Barre, Pa., where he was born September 15, 1827. He is the son of the late John L. Butler, of this city. (See pages 102 and 326.) F. L. Butler was educated at Farmington, Conn., and New Haven, Conn. He read law with Harrison Wright, in this city. Mr. Butler is an unmar- ried man and now resides near Centreville, Fairfax county, Virginia.
849
GEORGE PERKINS.
GEORGE PERKINS.
George Perkins, who was admitted to the bar of Luzerne county April 1, 1850, is a native of Bridgewater township, Sus- quehanna county, Pa., where he was born May 8, 1820. His father, Francis Perkins, and grandfather, Jacob Perkins, were from the banks of the Thames, in Connecticut. His mother, Rebecca C. Perkins, was a daughter of Christopher and Patience Childs Sherman, from Rhode Island. Mr. Perkins was educated in the Susquehanna Academy and the North Star printing office, Montrose, Pa. He read law with Benjamin T. Case, of Montrose, and was admitted to the Susquehanna county bar August 19, 1844. He has practiced in Carbondale, Dundaff, Montrose, and Pittston, in Pennsylvania, in Ripon and Fond du Lac, in Wis- consin, and Negaunee, Michigan. He has been prosecuting attorney of the mayor's court of Carbondale, city clerk of Ripon, district attorney of Fond du Lac county for three terms, comp- troller of the city of Fond du Lac, and county judge of Fond du Lac county. This court has probate and common law jurisdic- tion. Mr. Perkins is now serving his third term in the latter office. He was twice married-first, November 15, 1854, to Abby Perkins, daughter of Stephen Perkins and Elizabeth Smith, of Gale's Ferry, Conn .; second, June 15, 1870, to Emiline L. Perkins, daughter of Adam Larrabee and Emiline Hurlbutt, of Windham, Conn. Mr. Perkins has four children, his eldest daughter being married to Henry J. Gerpheide, of Fond du Lac.
HANSON ZEBULON FRISBIE.
Hanson Zebulon Frisbie, who was admitted to the bar of Lu- zerne county August 5, 1850, is a native of Orwell, Bradford county, Pa., where he was born June 8, 1819. He is a descend- ant of Levi Frisbie, who removed to Orwell from Bristol, Conn.,
850
HANSON ZEBULON FRISBIE.
in 1800. He was a native of Bristol, where he was born January 31, 1758. His wife, Phebe Gaylord, was the daughter of Lieu- tenant Aaron Gaylord, who was slain in the battle and massacre of Wyoming. After the battle the widowed mother, with her three children, went back to Connecticut, where Mr. Frisbie was married to her eldest daughter. Mrs. Phebe Gaylord Frisbie was born in Bristol November 19, 1769. Levi Frisbie did service in the revolutionary war while in Connecticut, and at the age of forty-two came with his wife and four children to Orwell. His wife was one of the survivors of the Wyoming massacre, being nine years old at the time. The family were among the earliest pioneers of the township of Orwell. They met the obstacles of a settlement in the wilderness, and the many incidents connected with their history while clearing off the forests are matters of great interest to the rising generation. Mr. Frisbie died October 5, 1842, and his wife October 5, 1852. Chauncey Frisbie, son of Levi Frisbie, was born in Burlington, Hartford county, Conn., November 16, 1787. He removed with his father to Orwell in 1800. He married, March 17, 1812, Chloe Howard, a native of Connecticut, who came to Bradford county with her sister, her father being dead. Mr. Frisbie was somewhat active in political matters, and by the suffrages of his fellow townsmen held several important offices of trust and responsibility. From 1822 to 1824 he was coroner of Bradford county. In 1833 and 1834 he was county treasurer of the same county. His first wife died at the age of thirty-five years, and his second wife was the widow of Doctor Dudley Humphrey, of Connecticut. Mr. Frisbie died May 4, 1864. His second wife died September 9, 1865.
Hanson Z. Frisbie, son of Chauncey Frisbie and his wife, Chloe Howard, was educated at Franklin Academy, at Harford, Pa., and Caszenovia Seminary, from which he graduated in 1840. He read law with his brother-in-law, Colonel E. B. Harvey, in this city. In 1854 he removed to Battle Creek, Michigan. He then abandoned the profession and became extensively engaged in trade as a dealer in general merchandise. In 1872 he removed to Lawrence, Kansas, and in 1874 to Grantville, Kansas, where he now resides. He married, March 14, 1844, Mary Elizabeth Russell, of Hartford, Conn. Her father was William Russell.
1
851
EPHRAIM HENRY LITTLE.
He married in 1859 his second wife, Julia S. Merakal. Mr. Frisbie has a family of four children-Clarence Leigh, Selwin Chauncey, Charles Harvey, and George Arthur Frisbie. The' · two former are married.
EPHRAIM HENRY LITTLE.
Ephraim Henry Little was admitted to the bar of Luzerne county April 7, 1851. The same year he removed to Columbia county, Pa. He was born March 23, 1823, in the state of New York. His grandfather was Captain Ephraim Little, of Great Barington, Mass., and his father was George Little, who removed from the state of New York to Bethany, Wayne county, Pa., when E. H. Little was quite young, and resided there a few years, when he removed to Montrose, Pa., and engaged in mercantile business. The subject of this sketch obtained his education in the schools of Montrose, and in his eighteenth year entered the law office of Lusk & Little as a law student, but completed his legal studies at Morris, Ill. He was admitted to the bar there May 12, 1844, and practiced law at Joliet, Ill., for two years. He then practiced two years more at Morris : and while a resident of that place, in hunt- ing prairie chickens, his gun accidentally discharged, lacerating his arm in such a manner as to render its amputation necessary. In 1847 he returned to Montrose, and in 1848 he opened a law office in Tunkhannock, Pa. In 1849 he was appointed weigh- master on the North Branch Canal at Beach Haven, in this county, and acted as such for two years. In 1850 he married Eliza Seybert. He practiced his profession in Berwick until 1860, when he removed to Bloomsburg, Pa., where he has been in continual practice since. From 1856 to 1865 he was district attorney of Columbia county. . His son, Robert R. Little, was district attorney of Columbia county from 1878 to 1884.
852
WALSINGHAM GRIFFIN WARD.
DANFORTH L. PECKHAM.
Danforth L. Peckham, who was admitted to the bar of Luzerne county, Pa., August 4, 1851, is a resident of Mill City, Wyoming county, Pa. He had many years ago an office in Hyde Park, · (now a portion of the city of Scranton), Luzerne (now Lacka- wanna) county, Pa. He is a brother of the late Aaron K. Peck- ham. His wife was Ellen Ross, a daughter of Perrin Ross. Mr. Peckham has no children living.
WALSINGHAM GRIFFIN WARD.
Walsingham Griffin Ward, who was admitted to the bar of Luzerne county November 10, 1851, is a native of Dover Plains, Dutchess county, N. Y., where he was born October 7, 1823. He had but limited educational advantages during his youth, his ability and acquirements having been attained during man's estate. His early life was one of toil upon the farm and in the lumbering branch of business. He removed to Scranton in March, 1843, where he has remained until the present time. In the latter part of the year 1846 he volunteered as a private in Company I, First Regiment Pennsylvania Volunteers, for service in the Mexican war, and was honorably discharged at Vera Cruz, April 3, 1847, in consequence of illness that incapacitated him for service. He read law with J. M. Alexander, and upon his admission to the bar opened an office in Scranton, where he practiced until his election as recorder of the mayor's court of the city of Scranton, in 1870. In 1875 he resigned his position and again entered the practice of his profession. He is the senior member of the firm of Ward & Horn. Judge Ward has always been held in high estimation as a lawyer, and his efforts before juries have been wonderfully successful. As a citizen, he is upright and just. He is a strong advocate of temperance and morality, and is often
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