History of Butler County, Pennsylvania, Part 16

Author: Brown, Robert C., ed; Leeson, M. A. (Michael A.); Meagher, John, jt. comp; Meginness, John Franklin, 1827-1899, jt. comp
Publication date: 1895
Publisher: Chicago : R. C. Brown
Number of Pages: 1658


USA > Pennsylvania > Butler County > History of Butler County, Pennsylvania > Part 16


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135 | Part 136 | Part 137 | Part 138 | Part 139 | Part 140 | Part 141 | Part 142 | Part 143 | Part 144 | Part 145 | Part 146 | Part 147 | Part 148 | Part 149 | Part 150 | Part 151 | Part 152 | Part 153 | Part 154 | Part 155 | Part 156 | Part 157 | Part 158 | Part 159 | Part 160 | Part 161 | Part 162 | Part 163 | Part 164 | Part 165 | Part 166 | Part 167 | Part 168 | Part 169 | Part 170 | Part 171 | Part 172 | Part 173 | Part 174 | Part 175


Prothonotaries .- Prior to 1839, when the Constitution of 13 become effec- tive, appointments to this office were made by the Governor. for terms of three years. Since that time it has been elective. Down to 1850 the incumbents discharged the duties of clerk of the courts. In that year the office of clerk of the courts became a seperate one, its incumbent being elected every three years. William Ayres, the first prothonotary, was commissioned July 4, 1803. His successors have been Jacob Mechling, 1809; John Negley, 181> ; William Campbell, 1821 ; John Ney- man, 1824; William Stewart, 1827; Peter Duffy, 1-33; John Sullivan, 1836; Jacob Ziegler, 1839; Jacob Mechling, Jr., 1842; James McGlaughlin, 1845 ; C. E. Purviance, 1848; John T. Bard, 1851; Matthew F. White. 1854; Nathan Brown, 1857 ; Allen Wilson, 1860 ; William Stoops, 1868 : James B. Clark, 1860; Cyrus E. Anderson, 1869; Eli Conn, 1872; James H. Tebay, 1875: Alexander Russell, 1878; Matthew N. Greer. 1881 ; William M. Shira. 1884; J. W. Brown, 1887. re-elected in 1890, and S. M. Seaton. 1893.


Clerks of the Courts .- Previous to 1850 the duties of clerk of the courts was discharged by the prothonotaries. In that year the office of clerk of the courts became a separate one, the incumbent being elected every three years. It has been filled by the following persons, elected in the years given : Lewis Z. Mitchell, 1851 ; J. Graham, 1854. Mr. Graham died while in office, and W. K. Potts was elected to fill the vacancy. Emil Maurhoff, 1857: Robert A. Mifflin, 1860;


131


POLITICAL AFFAIRS.


Watson J. Young, 1863; Frank M. Eastman, 1866; Jefferson Burtner, 1969; John H. Sutton, 1872; Lewis N. Cochran, 1875; W. A. Wright, 1878; W. B. Dodds, 18SI ; Renben McElvain, 1851, re-elected in 1887; Joseph Criswell, 1890, re-elected in 1893.


Fury Commissioners .- William A. Christie and Charles McClung, 1867; John W. Brown and Peter Emery, 1870; T. W. Kennedy and John M. McCandless, 1873; Samuel Balfour and Thomas Jameson, 1876; Hugh McCrea and J. W. Monks, 1879; Daniel Wallett and Robert McClung, 1852; Z. MeMichael and Frederick llenninger, 1885; W. F. Campbell and Charles Rielly, 1890; William R. Patterson and John McCafferty, 1891. George II. Graham was appointed commissioner, vice John McCafferty, deceased, in November, 1892, to serve until January 1, 1895.


Coroners .- William McDonald, commissioned October 4, 1803; Robert Stewart, 1806; Isaac Evans, 1809; James McKee, 1812; Connell Rogers, 1>15: William Gibson, 1>18 ; David Shannon, 1821 ; Jacob Brinker, 1>24; George Mil- ler, 1827; Robert St. Clair, 1830; James Spencer, 1833, Thomas McKee, 1836; James Hoon, 1839; Matthias Cypher, 1842; George W. Crozier, 1845; Jame- White, 1848 ; Archibald Critchlow, 1851; Jacob Bentle, 1854; Neal Duffy, 1857; John Lefever, 1860; W. Brewer, 1863; James Kearns, 1866 ; George Burkhart. 1869; David Kirkpatrick, 1872; W. R. Conn, 1875: J. J. Campbell, 1878 : Will- iam Kennedy, 1881; William Campbell, 1864; Alexander Storey, 1-57; John Kennedy. 1890, and G. M. Graham, 1893.


Register and Recorder .- Prior to 1839 this office was an appointive one, and during the first fifteen years of the county's existence was administered by the prothonotary. On July 4, 1803, William Ayres was commissioned prothon- otary, clerk of the court of oyer and terminer. clerk of quarter sessions, clerk of the orphans' court, recorder, register of wills, administrator of oath> of office, etc. Jacob Mechling succeeded Ayres in January, 1810, in all these capacities ; but in 1818. Robert Scott became register and recorder. The incumbents, appointed or elected since that time, are named as follows : Maurice Bredin, 1832; John Welsh, 1836; William W. Brandon, 1838; Joseph MeQuistion (first election) 1839; William Balph, 1842, re-elected in 1844; James T. McJunkin, 1848, re-elected in 1851; Isaac S. P. De Wolf, 1854; Adam Ekas, 1857; Cyrus E. Anderson. 1860; James S. Kennedy, 1863; Simeon Nixon, 1866; George W. Kneiss. 1-69; Matthew N. Greer, 1872: James D. Anderson, 1875; H1. 11. Gallagher. 187; H. W. Christie, 1881; M. 11. Byerly, 1884; 11. A. Ayres. 18-7 : David E. Dale, 1890, and J. S. Wick, 1893.


Treasurers .- John Negley, 1804; John Potts, Samuel Williamson, 1810; William Campbell. 1813 ; Hugh Mc Kee, John Gilchrist, William Gibson, Novem- ber. 1822 : John Sullivan, 1823; Isaiah Niblock, 1826; James Thompson, 1825; Francis McBride, 1829; Andrew Sproul, 1832: George Miller, 1833: John B. McGlaughlin. 1-35: James Frazier. Jacob Mechling, Jr., 1939 ; William Camp- bell, 1840; Andrew Carns. first elected in the fall of 1841 under the new law ; Daniel Coll, 1843 ; Isaac Colbert, 1845-46; Michael Zimmerman, 1848; Sam- uel C. Stewart. 1850: John Martin. 1851; William B. Lemmon. 1858; James Kearns, 1856; Samuel Marks. 1857: James Deer, 1859; George W. Reed. 1-61 :


132


HISTORY OF BUTLER COUNTY.


Nathaniel Walker. 1863; William E. Moore, 1865; J. Christy Moore (to fill vacancy), November, 1866; Hugh Morrison, 1867; John Ilaney, 1869; Francis Anderson, 1871 ; Joseph F. Campbell, 1873; David Cupps, 1875; 1. 11. Miller, 1878; A. L. Craig. 1880; J. A. MeMarlin, 1884; Amo- Seaton, 1857; James S. Wilson, 1890, and J. T. Martin, 1893.


Surveyors .- Prior to 1550 this office was an appointive one. David Dougal, James Scott and James Bovard were the first surveyors who performed work under the order of the commissioner -. Their successsors have been James Irvine, Thomas Graham, 1809 to 1814; William Purviance, 1823; Hugh Conway, 1827; James Hoge. James Dunlap, appointed in 1839; Thomas H. Lyon and Peter Murrin, served prior to 1850; William Purviance, 1853; David Scott. 1859; W. D. McCandless, 1862: Nathan M. Slater, 1865. 1868. 1871, appointed to fill vacancy in 1875, and elected in 1880; F. Wilt. 1874 (died in office) : James M. Denny, 1877 and 1850; B. F. Hilliard. 1853 and 1886, and C. F. L. McQuistion, 1889 and 1892.


Commissioners .- The county was governed by the commissioners of Alle- gheny county from 1800 to 1803. Those who have held the office in this county since the latter year are as follows :


Matthew White and James Bovard. November 9, 1803, and Jacob Mech- ling, November 16, 1808, formed the first board ; James Scott, 1804 and 1810; Abner Coats, November 9. 1805; Jacob Smith. December 2. 1806; Abraham Brinker, March 7, 1807; John Negley and Francis Anderson, 1805 and 1809; Thomas Dodds and Joseph Williamson, October 27. 1809: Walter Lowrie, October, 1810; William Balph. October, 1>11; Robert Martin. October. 1812 and 1815; Ephraim Harris, October, 1812, vice Lowrie, resigned: James McKee, January. 1813; William Campbell. November. 1815; Thoma, McCleary, October, 1316; F. Fryer, October, 1817; Abraham Brinker, November, 118; Robert Lemmon, October, 1819; J. Dodds, Novem- ber, 1820; John Brandon, October. 1821; John Covert, November, 1822; Ilugh McKee, November. 1824; Robert Scott. November, 1825; John McQuistion, November, 1825: David Dougal, October. 1826: John MeNees. October, 1827; Alexander Graham. October, 1828; Joseph MeQuistion. 1829; John McCandles, 1330; William Pillow, 1831; Robert Graham, 1832 ; Joseph Graham, 1835; Hugh Stephen-on, 1:35; Nathan Skeer, 1836 ; William Criswell, 1837; Jacob Shannon, October. 1838; Thomas R. McMillen, October, 1839; George Miller, 1840; John Ray, November, 1841; John Ray, October. 1842 ; Abraham Moyer, October. 1542. Maurice Bredin. 1843; W. W. Dodds. 1841; T. H. Bracken, October, 1845; David Douthett, appointed in April, 1846, to succeed Bredin ; John Anderson, October, 1846 ; Joseph Douthett. October, 1847 ; Andrew Simpson. 1848; Thomas Kelly, 1849; Thomas Welsh, October, 1850; James Mitchell. October, 1851 ; John Miller, November. 1852 ; William C. Camp- bell, 1853; John Kennedy. 1854; Andrew Boggs, 1855; P. Hilliard, 1856 ; Isaac Robb, 1857; William Harbison. 1858 ; Charles McClung, 1859; Thomas Mc- Nees, 1860; Matthew Greer, 1861 ; Abner Bartley. 1862; Samuel Leason, 1863 ; A. C. Christie, 1864; William Dick. 1865; John W. Brandon, 1866; Charles Hoffman, 1867; James M. Lowe, 1868; John S. Campbell, 1869; William L.


133


POLITICAL AFFAIRS.


Bartley, 1870; Benjamin F. Garvin, 1871 ; Robert Barron, 1872 ; James P. Christ- ley. 1878 ; John C. Riddle. 1874; James C. Donaldson, 1875.


Under the article of the Constitution of 1873, providing for the election of three commissioners, to serve three years, and for minority representation on the board, the following named were chosen in November, 175: Robert Barron. J. C. Donaldson and William A. Christie, to serve until January, 1879, when James Gribben, Jonathan Maybury and J. C. Donaldson qualified. In the fall of 1881, Charles Cochran, George W. Hays and T. I. Wilson were elected, but the last named died prior to January, and James Collins, appointed to fill the vacancy, took the oath of office as the third member. J. C. Breaden, John C. Kelly and J. M. Turner were elected in 1884; A. J. Hutchison, John C. Kelly and B. M. Duncan, in ISS7: John Humphrey was appointed to succeed Kelly, resigned. January 10, 1890 ; and he with S. F. Marshall and J. C. Kiskaddon, were elected in November, 1890. In 1893, S. W. MeCollough, Richard Kelly and George W. Wilson were elected, and form the present board.


Early Justices of the Peace .- The justices of the first election district of Butler county, from 1804 to 1838 were as follows: Melzer Tannehill, Jacob Smith and Ephraim Ilarris, 1804; William Adams, 1805; Thomas Elder, 1806: llugh Lee, 1808 ; Hugh Henderson, 1809; James McKee, 1812; Robert Reed, 1820; W. McMichael and Andrew Donaldson, 1824; John Reynolds, 1826; Samuel E. Harris, 1528; Samuel Kerr, 1830; John Murrin. 1>34; John Neal and Thomas Stephenson. 1835; Joseph Justice. W. 11. McGill and Alexan- der McBride, 1836; William Jack, 1837 ; Henry C. Linn and John Black, 1838. In 1520, this district comprised Mercer and Slippery Rock townships.


The justices of the peace for the same period in the Second district were : Jacob Mechling. 1804; Washington Parker and John Stewart, 1805: A. Young, 1808; Matthew B. Lowrie. 1812 and 1818; John Christy, 1815; Joseph Kerr, 1>17; John Murrin, 1828; Andrew Donaldson and Benjamin Fletcher, 1827; William Turner. 1528; David Kelly, 1834; Levi Duchess and John Anderson, 1885; Jacob Hilliard, 1536; and Josiah Fletcher. 1838.


In District Number # the justices of the peace were :- William Johnston, James Bovard and James Scott. 1804; Thomas Gilchrist and Samuel Kinkaid, 1805; Reuben Ayres and Patrick Hagerty, 1808; Walter Lowrie, 1809; Joseph Williamson, 1812; William Hutchison and William Campbell. 1813; Robert Scott, 1815; Samuel Kinkaid, John Neyman and John Duffy, 1816; Abraham Brinker, 1817; William Robb, 1818; Maurice Bredin. 1821 ; Thomas Me Cleary and Frances McBride, 1825; James McCurdy and John Sweeney, 1826; Daniel Mclaughlin, 1827; Moses Hanlen, 1828; James Cunningham, 1829; Hugh McKee, 1830; David McCandless, 1832; John McClelland, 1834: Robert Car- nahan, 1835; Bennet Dobbs, 1836; P. C. Purviance, 1837. Ini 1815. the town- ships of Butler, Centre, Clearfield and Donegal, were included in this district as well as some other territory.


The justices of the peace in District Number 4 were :- Robert Galbreath and Frances Anderson, 1804; John David, 1806. Owing to changes in 1807, it does not appear that justices were appointed or elected for this district. William Campbell, 1822; Isaac Lefevre, 1825; James Potts, William Walker, John


134


HISTORY OF BUTLER COUNTY.


Dodds and James Brown, 1829; W. R. Elliott, 1830; William Dixon and John- ston White, 1835; Emil Maurhoff. 1838. This district comprised Buffalo, Clear- field, Butler and Middlesex, in 1822, Clearfield and Butler township, being detached from the Third district.


The justices of the peace in District Number 5 were :- Robert Hlays, 1804; Stephen Stone, 1806; Joshua Stoolfire, 1810; Christian Buhl. 1813; Robert Boggs, 1820; John Oakley, 1822; Daniel Beltzhoover and Robert Brown, 1823; William McLean (resigned in 1836), and Jacob Grossenor, 1824; William Simp- son and B. G. Goll, 1825; Andrew White, 1827; Samuel Kirk, 1832; James Frazier, 1828; Daniel Graham and John Henry, 1836; David Spear, 1837; W. Cunningham and Henry Umpstead, 1838; Thomas Fletcher, 1839. In 1810, Cranberry township constituted the Fifth district; in 1813, Connoquenessing township, then organized, was added, and, in 1820. these two townships with Middlesex and Butler formed the district.


In Distriet Number 6 the justices of the peace were :- Eliakim Anderson, 1804: John Brackney. 1805: A. Bryson and Thomas Christy, 1808; William Dodds, 1812; Robert Martin. 1815; Thomas Sullivan, 1819; Thomas Christie, 1820: John Thompson, 1827; Henry Dufford, 1830; . Robert Hampson, 1831 ; George A. Kirkpatrick, 1832; Thomas Stewart, 1835.


CHAPTER X.


THE BENCH AND BAR.


INTRODUCTION-EARLY JUDGES AND LAWYERS-EARLY COURT PROCEEDINGS-A NOT- ABLE CONTEMPT CASE-FIRST MURDER TRIAL-TRIAL AND CONVICTION OF THE MURDERER SAMUEL MOHAWK-HIS CONFESSION-OFFICES OF PRESIDENT AND ASSO- CIATE JUDGES MADE ELECTIVE-LATER CRIMINAL AND CIVIL PROCEEDINGS-THE JUDICIAL CONTESTS OF 1874 AND 1884-BUTLER COUNTY BECOMES A SEPARATE JUDICIAL, DISTRICT-THE HARBISON-MONKS CASE-JAIL DELIVERY-BIOGRAPHICAL SKETCHES OF THE JUDGES AND OLDER MEMBERS OF THE BAR-ATTORNEYS ADMIT- TED SINCE 1804-MEMBERS OF THE PRESENT BAR-THE BUTLER BAR ASSOCIATION.


S INCE the beginning of the administration of justice in Butler county, many men have sat upon the bench as judges and many more have appeared as attorneys in the prosecution or defense in the long list of cases that go to make up the civil and criminal dockets of her courts. The early judges and early lawyers would compare favorably in point of learning with the bench and bar of to-day, and many of them were men of considerable ability. They held their pro- Fession in high esteem and regarded with reverence the established rule, and formalities observed in giving effect to the laws then in force. Their libraries were


135


THE BENCH AND BAR.


exceedingly limited, and they were unable, by the reading of many books, to draw the nice distinctions which enter into the mysteries and intricacies of modern practice. In the absence of these, they usually fell back on their common sense, which is the basis of all law. When the day for trial came, they generally man- aged to find a principle, if not a precedent, to fit the case, or failing either, to make " the worse appear the better cause" by the power of impassioned elo- quence over the minds of the jury, more susceptible then, perhaps, than now, to the almost irresistable influence of magnetic oratory.


Learning counted for much among the common people of those days, and oratory for more. As a consequence. nearly all the early lawyers were good speakers, and they made a special study of the arts of forensic eloquence, best calculated to win victories in the court room and applause on the stump; for it must be remembered, that law and politics were even more closely allied to each other then than now. The lawyer not only took an active part in politics, but was expected to do so, his success as a stump-speaker, even when he was not an office-seeker, having not a little to do with his success as a lawyer.


Until the advent of the stage coach, the lawyers in attendance upon the courts of Butler and neighboring counties, journeyed from court to court on horse- back. This brought them in closer personal contact than is possible under the conditions of to-day, and resulted in many warm and lasting personal friend- ships. When assembled at the county-seats, they formed a bright and jovial com- pany. given to story-telling, practical joking and the interchange of witticisms at each others' expense. Their tilts as opposing counsel, and the seeming anger and rancor of the court room, were usually to be taken in a Pickwickian sense, and were generally consigned to forgetfulness once the portals of the court-house were left behind.


As might be expected from their surroundings, there were many men of marked individuality among them, men strong in the assertion of themselves, and filled with the idea of being leaders among their fellows. Not a few of these men pushed themselves into the prominence their merits and their ability deserved, and became powerful factors in the political life, not only of the county, but of the State and nation.


The high standard of ability, the respect for orderly procedure, the admitted honor, integrity and rectitude of these early judges and lawyers, have been con- tinued down to the present time, and are characteristic of the bench and bar of to-day. It may. also, be noted here that, in the enforcement and observance of law. Butler county ranks second to no other county in the State. Whether the laws are popular or unpopular, they are acquisced in and obeyed by the people, and none have contributed more to secure their enforcement and encourage a cheerful observance of them than the members of the bench and bar.


The first court of common pleas and quarter session- held in Butler county, under the act of April 2, 1802. was presided over by Hon. Jesse Moore, a fine specimen of judicial dignity. and, as a judge of the commonwealth, a great stickler for the observance of court rules. He was a gentleman of the Colonial pattern, mild. faithful and firm, who administered justice for justice sake. His sense of the dignity to be observed among the members of the bar, outside of as


136


HISTORY OF BUTLER COUNTY.


well as in the court room, was often upset by the fun-loving attorneys. Some- times, also, an obstreperous litigant, in violation of the dignified course of the proceedings sought to be maintained, created a scene, which placed him in con- tempt of court, and made it necessary for the judge to deal with his case on the spot. One incident of this kind. during the first term of court, is given al length in Henry M. Brackenridge's " Recollections of the West." Mr. Brackenridge, who was a son of Judge Brackenridge. of Pittsburg, came to Butler in 1803. as clerk to Gen. William Ayres. the first prothonotary of the county. As there is no record of the affair in the proceedings of the court, the story is probably largely the work of its author. built around some minor incident of the early court days, and enlarged upon to make it readable and give it a humorous character. It is as follow . :


The first court held in Butler drew the 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 the characteristics of the nation. A log cabin, just raised and covered, but without windows, sash or doors or daubing, was prepared for the hall of justice. A carpenter's bench, with three chairs upon it, was the judge's seat. The bar of Pittsburg attended, and the presiding judge, a stiff, formal and pedantic old bachelor, took his seat, supported by 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 constables. But few of the spectators could be accommodated on the lower floor, 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 sus- pended like so many enormous Madagascar bats. Some had taken possession of the joists, and big John McJunkin -- who until now had ruled at all 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 like the Collossus of Rhodes.


The judge's sense of proprietry was shocked at this exhibition. The sheriff, John McCandless, was called upon, and ordered to clear the walls and joists. He went to work with his assistants and soon pulled down by the legs those who were in no very great haste to obey. McJunkin was the last, and began to grow! 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 !" McJunkin's ire was now up, and as he reached the floor he began to strike his breast, exclaiming : "My name is John McJunkin, d'e see ? Here's the brist that niver flunched, if so be it was in a 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 pinioned, and if not gagged, at least forced to be silent while his case was under consideration. Some of the lawyers volunteered as amici curine. Some ventured a word of apology for McJunkin. The judge pronounced sen- tence 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 plaze the coorte, there is no jail at all, at all, till put him in." Here the judge took a learned distinction, upon which he expatiated at some length for the benefit of the bar. He said :


"There are two kinds of custody : First, safe custody ; second, close custody. The first is when the body must be forthcoming 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 mainprize. This is the reason of the common law in relation to escape under capias ad satisfaciendum, and also why a second ca. su. cannot issue after the defendant has been once arrested and then discharged by the


137


THE BENCH AND BAR.


plaintiff. In like manner, a man cannot be twice imprisoned for the same offense, even if he be released before the terin of imprisonment has expired. This is clearly a case of close custody -- areta custodia-and the prisoner must be confined, body and limb, without bail or mainprize, in some place of close incarceration." Here he was interrupted by the sheriff, who seemed to have hit upon a lucky thought : " May it plaze the coorte, I'm just thinken that maybe I can take him till Bowen's pig pen-the pigs is kilt for the coorte and its empty." " You have heard the opinion of the court," said the judge. "Proceed, sir : do your duty, sheriff."


The sheriff proceeded to execute the order of the court to place the prisoner in close custody, but appears to have met with a mishap in the discharge of his duty. The narrative continues :


Peace and order had scarcely been restored, when the sheriff came rushing to the house with a crowd at his heels, crying out :


"Mr. Jidge ! Mr. Jidge ! May it plaze the coorte ? " " What is the matter, sheriff ? " asked Judge Moore. "Mr. Jidge ! Mr. Jidge ! John McJunkin's got off d'ye minte ! " " What, escaped, sheriff ? Summon the posse comitatus," said the Judge. " The pusse ! the pusse ! What's that, may it plaze your honor ? Now, I'll jist tell ye how it hap- pened. He was goin' along quee-etly enough till we got till the hazel patch, an' all at once he pitched off intil the bushes and I after him ; but a limb of a tree ketched me fut and I pitched three rod off, but I fell forit, and that's good luck, ye minte." The judge could not maintain his gravity : the bar raised a laugh, and the matter ended, after which the business proceeded " quee-etly enough."


The early attorneys who came here from Pittsburg to attend upon the ses- sions of the court were much given to telling stories about Butler county and her people, calculated to amuse Pittsburg auditors, but to have the opposite effect upon residents of Butler. The Semples took delight in asserting that a whippoor- will, before leaving Allegheny county to fly across Butler county, would provide rations for the trip, and that, owing to the extreme shortness of the clover, bees were compelled to get down upon their knees in order to gather even a scant sup- ply of honey. The poverty of the hog was also dilated upon, and much fun made of its alleged leanness. Later on, when Butler hotel tables added to their bills of fare the toothsome buckwheat cake, these same merrymaking lawyers conferred upon Butler the title of " The Buckwheat County," a name continued to the present time.


The first record of the court of quarter sessions is dated February 13, 1804. On that day the commission of Ilon. Jesse Moore, as president of the court of common pleas, of the counties of Butler, Beaver, Mercer, Crawford and Erie, was read, as well as those issued to Samuel Findley and John Parker, as associate judges of Butler county. The following attorneys were then admitted to practice before the court, on motion of Steel Semple : William N. Irwin, Alexander W. Foster, William Wilkins, Isaac Mason, Henry Haslett, Thomas Collins, Henry Baldwin, Cunningham S. Semple, John Gilmore and James Mountain. Steel Semple was then admitted on motion of Thomas Collins. On February 14, Joseph Shannon was enrolled as a member of this bar, and William Nellis and William McDonald were appointed constables.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.