USA > Pennsylvania > Butler County > History of Butler County, Pennsylvania. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 9
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The last-mentioned railroad company was origin- ally organized September 7, 1877, under the name of the Pittsburgh, New Castle & Lake Erie Railroad. The early projectors of this road were Austin Pierce. of Harmony, and Gen. James S. Nogley, of Pitts- burgh. The road was opened between Etna and Zelienople in December, 1875. During the summer of 1879, the company became financially embarrassed owing to the general want of confidence in railroad enterprises, and their inability to market their bonds and meet their obligations. The road was sold at Sheriff's sale August 27, 1879, and purchased by Maj. A. M. Brown, who organized the Pittsburgh & Western Railroad Company, of which Mr. James C'allery, was President. Under the new management, and with his energy and good financiering the road was completed through Allegheny City, and from Zeli- enople to Wurtemberg in the summer of ISSO.
In June, ISS1, the Parker & Karns City, Karns City & Butler, Red Bank & Youngstown and the Pittsburgh East and West Railroads were consoli- dated with the Pittsburgh & Western. Mr. James Callery is President of this company: Mr. Solon Humphreys, Vice President: Mr. A. J. Thomas, Treas- urer; Mr. E. K. Hyndman, General Manager, and Mr. W. C. Mobley. General Agent. The extension of the road has been commenced from Wurtemberg to Youngstown: from Hiawatha to Butler, and from Parker fo Foxburg, and these additions, as well as the change of gauge between Allegheny and Youngstown. are now about completed.
The Shenango & Allegheny Railroad was built through Butler County in (Its officers have
neglected to furnish data from which its history could be written).
A telegraph line was carried through Butler Coun- ty in 1561. just ten years before the first railroad was completed within its limits. It extended from Pitts- burgh to Franklin, and was called the Oil Valley Telegraph line, and was the first line of telegraphic communication to the oil regions. It was put through by Co astream Barry, an Englishman by birth. There being no office between Pittsburgh and Franklin. a box was fixed on one of the poles in Butler, and a repair man. Henry Zimmerman, tested the current daily. In 1862. an office was opened in the Lowry House, Butler, by A. B. Gildersleeve. then of Frank lin, and the pioneer operator of the oil regions. This was the first telegraph office in Butler County, and David Potts, of Butler Borough. was placed in charge of it as operator.
CHAPTER VIL.
CIVIL HISTORY
Erection and Organization of Butler County-Fixing the Seat of Jus- tice-Early and Present Court Houses-The First Court-Account of it in " Brackenridge's Recollections of the West"-The First Jurors-Initial Items of Puldie Business-Division of the County into Townships-The Original Thirteen and the Present Thirty- three, with the Causes that Led to Their Erection-Roster of Civil Officials of the County.
ERECTION AND ORGANIZATION OF THE COUNTY.
YIVIL organization of Butler County followed early upon the settlement of the territory com prised within it.
Prior to 1773. the western part of Pennsylvania was included in Bedford County, but upon the 26th of February of that year that part which included what is now Butler County was set apart as the county of Westmoreland. Washington County was taken from Westmoreland by net of September 24. 1751, and Allegheny County was carved from Washington and Westmoreland Counties by act of September 24. 1758. The bonndaries of Allegheny County were very exten- sive. It included all of the lands in the State north- west of the Allegheny and Ohio Rivers.
Butler County was erected (as it now exists) from Allegheny by act of the Legislature, passed March 12, 1800. Its boundaries were thus described in the sur- Fey: Beginning at a locust tree on the south side of Buffalo Creek (near Freeport); thence along the Alle gheny line due west twenty-three miles to Alexander's District: thener dne north twenty three miles: along that line and Beaver County to a corner near the junc- tion of Muddy Creek and Slippery Roek; thence north tiffeen degrees east, fifteen miles along the Mercer County line to a white oak tree (a little north of Har-
1 1
IHISTORY OF BUTLER COUNTY
risville) in the Third Donation District; thence house proper was built in 1507 .? due east along the Venango County line to the Allegheny River; thence due south along the Arm strong County line to the place of beginning. By THE COURTS. i the act of March 12, 1800, it was also provided that the place for holding courts of justice for the county should be fixed by the Legislature at any place not distant more than four miles from the center of the county.
An act was passed April 6, 1802, for the purpose of establishing the places for holding courts in the counties of Armstrong, Butler and Mercer, and under its provisions the Governor appointed Isaac Weaver, John Hamilton, Thomas Morton, James Brady and Presley Car Lane* as Commissioners to perform that duty.
The next step in the location of the seat of justice in Butler County was taken in conformance with an act passed March S. 1803, by which John McBride, William Elliott and John David were appointed Trustees for the county of Butler, and authorized to survey 300 acres of land on the north side of the Con- noquenessing, near Samuel Cunningham's mill (the site of Butler), " agreeably to a description given of the sit- uation and boundary thereof expressed in the grant and obligation of Samuel Cunningham. John Cunning- ham and Robert Graham, made by them to the Gov- ernor for the use of the county of Butler." The Trustees were authorized to lay out a convenient lot or lots of land within the 300 acre tract, not exceeding tive aeres, whereon the public building should be erected for the use of the county. The act further provided for the laying-out of the resi- due of the 300 acres of land in town lots, and pre- scribed certain conditions which were to govern their sale. +
Still another act was passed, under which the county was formally organized for judicial purposes. It bore date of April 2, 1803.
The counties of Beaver, Butler, Crawford. Mercer and Erie were made to form a separate circuit or dis trict, numbered the sixth.
One of the sections of the act set forth that the re- spective Commissioners of the Counties of Butter and Mercer should provide houses as near the respective centers of their counties as possible, in which they should hold their courts until court houses were pro- vided.
The building provided in Butler was a rude log structure, which stood in the midst of a hazel patch upon the south side of the diamond (near the present residence and office of Clarence Walker, Esq-). It served as a temple of justice until the first court
*The name is spelled as bere given in the Laws of Pennsylvania for Isus -; t See the history of Butler Borough for the text of the more important sections of this act.
In this log cabin was held the first court in Butler.
The first ease brought in the Butler Court of Comnon Pleas was a " summons in case," on the 25th of November, 1803. Christopher McMichael being plaintiff. and James Findley defendant. The verdict was for the defendant, and the amount $250. Baldwin was plaintiff's attorney, and Semple the defendant's.
We glean an anmsing and probably somewhat ex aggerated account of this primal session of the court in Butler from Henry M. Brackenridge's " Recollec- tions of the West."; However inaccurate it may be in detail. it undoubtedly affords in spirit a good picture of the times:
"The first court held in Butler drew tho whole population to the town. some on account of business. some to make business, but the greater part from idle curiosity. They were at that time chiefly Irish, who had all of the characteristics of the nation. A log cabin just raised and covered. but withont window. sash or doors or danbing, was prepared for the hall of justice. A carpenter's bouch with three chairs upon it was the judgment seat. The bar of Pittsburgh attended, and the Presiding Judge, a stiff', formal and pedantic old bachelor, took his seat, supported by the two Associate Judges, who were common farmers, one of whom was blind of an eye. The hall was barely sufficient to contain the bench. bar, jurors and Con- stables. But few of the spectators could be accom modated on the lower Hoor, the only one yet laid; many. therefore, clambered up the walls, and placing their hands and feet in the open interstices between the logs, hung there suspended like so many enormous Madagascar bats. Some had taken possession of the joists, and big John MeJunkin (who until now had rnled at all the public gatherings) had placed a foot on one joist and a foot on another directly over the heads of their honors, standing with outstretched legs
+ The court house of 1507 was a small stone moulding, which stond np mi the gronud occupied by the present bandsome edifice.
The present court house was commence Lin the year Iset but not finished until 1855. During the period it was in conise of constitu tion, court wir held in the basement story of the old Presbyterian Church, and the condiy officers hil their quarters in various parts of the town The Cantnisten as' office was in Mrs. Cunningham's building, the Register's and Recorder's in the Jonline now ocenpied by Mr. Ettenmiller as a hotel and the Prothom dary in the portlet building now owned by the heirs of Jude Bredin The extracted of the ques ent court house was William Bell; the Commissioners who gave the e intraet were James Mitchell, Thomas Welsh and Jahu Mille The original daitract was for $37,000, huit extins brought the total cost of the lonbling up to >100000. The building of the present jail and sheriti & residence was comingted in ISGT.
+ By the Constitution of Pennsylvania 1790 , the judicial power was vested in a Supreme Court, in courts Oyer and Terimmer and General Jmil Pebvety. 1 4 Court of Common Pleas, Orphans' Court Register's t mit and a Part of Quarter Sessions of the Pour for each county, in Justices' Courts and such other court- as the Legislature might, from time to time, establish Wharton + Troubat - and Haly's Practice.
By the new Constitution, the Register'st art was bol she I, and the Great Court went out of existence in Isa:
Under the Constitution of 1790, the Judges were appointed for life, By provision made in Ists, the term was decreased to ten years, and Ly a constitu- tional amendment, adopted in 1951, the office was made elective, The new em stitution (1871 re affirmed this provision
Mr. Brackenridge, son of Judge Brack mi . of Pittsburgh, une to Butter in 150%, to assume the duties of Clerk to the test l'honotary of the county, William Vyres. Esy.
HISTORY OF BUTLER COUNTV.
like the Colossus of Rhodes. The Judge's sense of propriety was shocked at this exhibition. The Sheriff. John MeCandless, was called upon, and ordered to clear the walls and joists. He went to work with his assistants and soon pulled down by the logs those who were in no very great hasto to obey. MeJunkin was the last, and began to growl as he prepared to descend. ' What do you say, sir,' said the Judge. 'I say I pay my taxes, and have as good a reete here as iny mon." ' Sheriff, Sheriff,' said the Judge, bring him before the Court" MeJunkin's ire was now np, and as he reached the floor he began to strike his breast, exclaim- ing. . My name is John MeJunkin, d'e see here's the brist that never flunched, if so be it was in goode caase. I'll stan iny mon a hitch in Butler County, if so be he'll clear me o' the la"' 'Bring him before the Court,' said the Judge. He was accordingly pin- ioned, and if not gagged, at least forced to be silent while his case was under consideration. Some of the lawyers volunteered as amici enric. Some ventured a word of apology for MeJunkin. The Judge pro- nonneed sentence of imprisonment for two hours in the jail of the county, and ordered the Sheriff to take him into custody. The Sheriff with much simplicity observed. 'May it plase the Coorte, there is no jail at all. at all, till put him in.' Here the Judge took a learned distinction, npon which he expatiated at some length for the benefit of the bar. He said: 'There were two kinds of custody: first. safe custody; second, close custody. The first is when the body must be fortheoming to answer a demand or an accusation, and in this case the body may be delivered for the time being out of the hands of the law on bail or mainprize. But when the imprisonment forms a part of the satisfaction or punishment, there can be no bail or main prize. This is the reason of the common law in relation to escape under copias att satisfaciendum and also why a second ca. su. cannot issue after the defendant has been once arrested and thon discharged by the plaintiff. In like manner, a man cannot be twice imprisoned for the same offense, even if he be released before the term of imprisonment has expired. This is clearly a case of close enstody-areta custodia, and the prisoner must be confined, body and limb, without bail or main prize in some place of close in- carceration.' Here he was interrupted by the Sheriff. who seemed to have hit upon a Incky thought: 'May it plase the Coorte, I'm just thinken that maybe ? can take him till Bowen's pig pon - the pigs is kilt for the Coorte, and its empty.' . Yon have heard the opinion of the Comt,' said the Judge, ' proceed, sir: do sonr anty, Sheriff." "
And the Sheriff duly proceeded to place his pris oner in " durance viles" but this was not the formina tion of the affair.
Brackenridge contines: "Peace and order had scarcely been restored, when the Sheriff came rush- ing to the house with a crowd at his heels, crying out, ' Mr. Jidgo, Mr. Jidgo! May it plase the Coorte!' . What is the matter, Sheriff?' . Mr. Jidge, Mr. Jidgo! John MeJunkin's got off, d'ye mind!' 'What, escaped, Sheriff? Simon the posse comitatus"' ' The pusse, the passe; what's that, may it plase your honor? Now I'll jist tell you how it happened. He was goin' along mee-etly enough till we got till the haz- zel patch, an' all at once he pitched off intil the bushes, an' I after him; but a limb of a tree ketched me fut, and I pitched three rad off, but I fell forit, and that's good luck, ye minte.' The Judge could not restrain his gravity; the bar raised a langh, and there the matter ended, after which the business proceeded ' quee etly ' enough. "
A Circuit Court existed until 1833, and was on- tirely separate from the Court of Common Pleas. The Circuit Courts embraced three, four, five, or oven more counties, and were analagons to what were after- ward called the Distriet Courts. The first caso en- tered in this court was " Lessee of Michael Mullen rs. Abigail Coulter and James Coulter, tenants"-an action for trespass and ejectment. It was entered September 17, 1804, and tried September 26, 1806, a verdict being rendered for the defendants. Collins & Sample were attorneys for the plaintiff, and Gibson Moore and A. W. Foster for the defendants.
The earliest record of the names of those who were called for Grand and Traverse Jurors is that for the February term of court in the year 1806. The lists are as follows:
Grand Jurors. - Samuel Cunningham (Foreman), David Kerr, James Kerr, Edward Frazier William Armstrong, Israel Gibson, Robert Lemmon, Philip Mackenhaupt, John Shannon, Robert Hogan, Daniel McDonald, Jesse Nish, Robert Irwin, William Wilson. Enoch Vermint, James Douglass, Francis Kearns.
Traverso Jurors, -- Hugh Lee, Andrew Porter, Hugh Henderson, Philip Snider, Robert Reed, Abram Mc- Mahon, Philip Hartman, Edward Douglass, Henry De- wees, George Dobson, John Hindman, Samuel Meals. Ambrose Kennedy, Thomas Dugan, William Turner, William Brown, Daniel Herere. Robert Taylor, James Burns, Alexander Ramsey, William Spear, James Ligatt, John Caven, Robert Leason, Samuel White, John Brannon, Adam Gilleland, Barnet Queen, Jo- seph Sells, James Anderson, Andrew Mittleman, Adam Mayer, Jacob Sumney.
The first business transacted in the Orphans' Court was upon May 14, 1804. Upon that dato, Reuben Ayres, a minor above the age of fourteen years, camo into court and prayed for leave to choose a guardian.
13
HISTORY OF BUTLER COUNTY
The prayer was granted, and the minor chose William Ayres, Esq., as his guardian.
MISCELLANEOUS ITEMS.
The first Sheriff's sale in Butler County occurred May 13, 1805. John McCandless, then Sheriff, went into court and acknowledged a deed to John Purvi. ance. Esq .. of Butler, for 300 acres of land, more or less, in Middlesex Township, adjoining land of D. C. Cunningham and others, and on which George Boyd then lived. This was the property of Samuel Cnn- ningham and sold by the Sheriff as such.
The first will was recorded by William Ayres, Esq., Register, under the date of August 9, 1801. It was made by William McLoud, of Connoquenessing Township. Henry Evans and John McCandless were his executors. The subscribing witnesses were John Graham and John Richardson.
The first mortgage recorded was one executed by Samual Dunbar to Alexander Hamilton for the pay ment of $120. It was executed May 10, 1804, and recorded upon the 22d of May.
A mortgage was executed by William Evers to Philip Evers on the 14th of November, 1503, but it was not recorded until after Dunbar's -upon May 24, 1804.
The first persons who applied for and obtained naturalization papers were Andrew Dougan, Guy Hilliard, Charles MeCue and James Sheridan, The papers were granted by Prothonotary William Ayres, Esq., on the 14th of May, 1804.
TOWNSHIP DIVISION.
While the territory now inchided in Butler was still a portion of Allegheny County, it was divided into four townships, viz., Buffalo, Middlesex, Conno- (menessing and Slipping Rock.
In 1803, Butler County having been erected in 1800, it was divided into six election districts, the Commissioners being Jacob Mechling, James Bovard and Matthew White.
A division of the county into thirteen townships occurred in 1804, being made by order of the Court of Quarter Sessions, and approved in November. These townships were (1) Cranberry, (2) Middlesex. (3) Slippery Rock, (4) Buffalo. (5) Connoquenessing, (6) Butler, (7) Center. (S) Donegal, (9) Cleartiekl. (10) Muddy Creck, ( 11) Mercer, (12) Venango and (13) Parker.
Nine of these townships were each approximately eight miles square, and four of them forming the northern part of the county were irregular in shape.
During the years intervening between 1801 and 1853, six additional townships were erected, making in all nineteen. A line extending from the west line
of Butler eastward to the Connoquenessing and thence along that stream in a northeasterly direction divided the original Butler into North and South Butler.
Connoquenessing was divided by a north and south line, and Muddy Creek similarly, the eastern half being given the name of Franklin. The eastern half of Slippery Rock was set apart as Cherry. The other townships were Allegheny, Washington and Fair- view.
It will be seen that the northern part of the coun- ty had now undergone a more thorough subdivision than the southern. Having a greater number of
Allegheny River-
Venango Co.
BUTLER
MERCER
VENANGO
180A
Mercer C
SLIPPERY/ ROCK
PARKER
Slippery
R
creek
Muddy
MUDDY CREEK
CENTER
DONEGAIS
N
3
Butler
W
E
CONNOQUENESSING
BUTLER
CLEARFIELD
Zellenople
Beaver Co.
CRANBERRY
MIDDLESEX
BUFFALO
1
Allegheny Co.
Allegheny
River
Armstrong Co.
townships, it had greater power in county conventions than the southern section, and this fact cansing jeal onsy among the citizens of the southern part of the county, led to the final division which was consum mated in 1854.
June 18. 1853. citizens of Middlesex Township presented a petition to the Court of Quarter Sessions of the Peace, setting forth that the townships of Buf falo, Middlesex and Cranberry, laid out at an early day, when the population was sparse and before the present common school system was adopted. were at this time eumbrons, however well the plan of divis ion may have served the people when it originally
HISTORY OF BUTLER COUNTY
went into effect. The petitioners continned: " The of the latter petition, Hugh McKee, James Bl. Lane large extent of our township makes it very ineon- and James T. MeJunkin. venient and almost impossible for many of our eiti- zens to attend the elections. Supervisors of town- ship roads and other township officers cannot properly discharge the duties imposed upon them, owing to the great extent of territory; our schools are too much crowded, and our sub-school districts are so large that many who should be recipients of the benefits of the school system are prevented, either from the great distance or crowded condition of the schools."
The petitioners prayed the court to make such order as may be deemed necessary to effect a division of the townships of Buffalo, Middlesex and Cranberry into ten townships of convenient size. in the follow- ing manner, viz .. " By a line running direct from the center of the western boundary line of Cranberry Township to the center of the eastern boundary line of Buffalo Township; then by four cross lines running from points equi-distant on the southern boundary line of the townships of Buffalo, Middlesex and Cranberry, thereby making ton townships out of the three aforesaid, the lines to be run so as to make the townships as nearly of an equal size as practicable. The citizens of Buffalo and Cranberry Townships presented petitions similar to the foregoing.
In accordance with the request of the petitioners, the court appointed as Commissioners to inquire into the practicability of altering the township lines, William Purviance, Daniel Graham and Thomas Reed. These viewers subsequently reported to Judge Daniel Agnew and his associates that in their opimon " the three townships were too large and inconvenient for the people in regard to roads, schools and the en- joyment at all times of the elective franchise" and that townships five miles square would be more con- dnvive to the public good."
The petitioners had appealed to the Legislature for the passage of a bill anthorizing the division. and such a bill had been passed. The Governor, however, did not sign it, but sent the bill to the court for approval or disapproval. At the same time that the petitions from citizens of the three original southern townships were received. the court enter- tained another from "sundry citizensof Butler ('ounty." praying that the former mentioned should not be granted. as to divide the county in the same propor- tion would create forty-three townships. This pe- tition requested the issuance of an order for the re- districting of the entire county into townships as near five miles square as it would admit.
After considering all of the petitions (and some remonstranees), the court appointed as Commissioners to inquire into the propriety of granting the prayer
These Commissioners reported, November 19, 1853, in favor of the division into townships approxi- mately five miles square. At a meeting which they had held on the Ith of October, delegates were pres- ent from several of the townships who represented themselves as instructed to favor the division. The people of the southern, western and central portions of the county were alnost unanimously desirous that the re-districting plan should be carried out. The objections came from the townships then newly formed from old ones in the northern part of the county.
Upon the same day the report was made, the court issued an order for the carrying out of the plan, and appointed James T. MeJunkin, Hugh MeKee and David Scott as Commissioners for that purpose.
The division was duly effected; report of the same made March 6, 1851, and confirmed by the court upon the 29th of the same month and year, it being de- creed that thereafter Butler County shoukl consist of thirty-three townships to be known by name and num- ber, as follows, viz .: Ist. Mercer: 2d, Marion: 38, Vonango; 4th, Allegheny; 5th, Slippery Rock; 6th, Cherry: 7th, Washington; Sth. Parker; 9th. Worth; 10th. Brady: 11th. Clay; 12th, Concord: 13th. Fair- view: 14th. Muddy Creek; I5th, Franklin; 16th. Contre; 17th, Oakland: ISth, Donegal: 19th. Lau- caster: 20th, Connoquenessing; 21st, Butler, 22d. Summit: 23d, Clearfield; 24th, Jackson; 25th, For ward: 26th. Penn; 27th. Jefferson; 28th. Winfield; 20th, Cranberry; 30th. Adams: 31st, Middlesex; 32d, Clinton; 33d, Buffalo.
PROJECTS FOR NEW COUNTIES.
Efforts have several times been made to erect new counties, which were to consist in part of Butler ter- ritory, but they have been opposed, so far as Butter County citizens wore concerned, and it is probable that the county lines established in 1800 will remain intact for a great many years, until the population has very largely increased.
A project was on foot in 1856 to form a new coun- ty to be known as Madison from parts of Allegheny, Armstrong, Westmoreland and Butler. The town- ships to be carved from the last-named were Buffalo, Clinton and Middlesex. A meeting of citizens to op- pose this contemplated measure was held February 4, at the house of George Cooper, in Middlesex, Thomas Me Laughlin being Chairman, and William Cunning- ham, Secretary. Butler County's representatives in the State Senate and in the House, respectively J. Ferguson and Dr. A. W. Crawford, were requested to nse all of their influence against the proposition.
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