History of Butler County, Pennsylvania, Part 17

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 17

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In May, 1804, the same judges presided in common pleas and quarter ses- sions, and the following pioneers were impanelled as a grand jury :- Jacob Mech- ling, Lewis Wilson, David Harper, John Galbraith, Nathaniel Stevenson, Will-

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HISTORY OF BUTLER COUNTY.

iam Spear. Alexander Storey. James Elder, Eliakim Anderson, Robert Hays, William Dodds, Archibald Cunningham, John Jamison. John Hindman, Thomas Dodds, Henry Evans, Henry Montooth and John Thompson. The constables present were :- John Lavear, of Slippery Rock ; William Campbell, of Conno- quenessing, and Francis Kearns, of Middlesex township. From the number of indictments for assault found at this term, it is inferred that the pioneers of But- ler county, like those of New England,

Fought as they revelled, Fast, fiery and true.

The first civil case, that of Sturgeon's lessee and Robert Williby vs. Thomp- son, was tried May 18, 1804, before a jury composed of the following citizens : Robert Kennedy, David Me Junkin, Jr., James Findley, Andrew Moore, David MeKissick, William Balph, Hanania Rollins, David Moore, Henry Lauf- fer. Walter Lindsey, Daniel Carter and Jacob Beighley, "twelve good and lawful men." The suit was for the possession of 400 acres of land, the outcome being the confession of " lease, entry and ouster," plaintiff suffering non-suit, and jury. paid by William Ayres.

" deed poll " from John McCandless to the president and directors of the Bank of North America for twenty tracts of land in this county was acknowl- edged in open court May 19. John Moser, Robert Graham, George Bowers and William Brown, " of the town of Butler," and Guy Hilliard, Robert Boggs and Matthew White, of Connoquenessing township, were recommended to the court as proper persons to keep tavern, and licenses were ordered to be issued to them.

In August, 1804, Robert Reed, of Slippery Rock; David Sutton, of Mid- dlesex. and Benjamin Garvin, of Connoquenessing township were licensed to keep tavern. At this session of the court the county was divided into thirteen townships. The cattle mark of Benjamin Zerber-"A crop of the right or off ears to-wit : one-fourth of the ear cut off." was offered for entry. The mark had been in use for five years.

There were thirty-two cases listed for trial in February, 1805, and thirty-six in May. Hon. Jesse Moore, with John Parker and James Bovard. associates. presided in the latter month. In October, John McCandless took the oath as sheriff. Associate Judge Findley was present and Judges Parker and Bovard, in February, 1806, and they with Hon. Jesse Moore formed the court. Among the jurors were Philip Hartman, Robert Leason, A. McMahon and Thomas Dugan.

Ilon. Jasper Yeates, judge of the Supreme Court, was present in Septem- ber, 1806, as judge of the circuit court of this county, and, Ilon. Thomas Smith in September, 1807. Hon. H. H. Brackenridge presided as circuit judge in September, 1808. On March 6, 1809, John Gilmore resigned as prosecutor and Charles Wilkins was appointed to fill the vacancy.

In September, 1809, Jacob Shaol, who appears to have had some difficulty with George Rapp and the other members of the Harmony Society, pleaded guilty to assault and was sentenced "to pay a fine of forty dollars to this Common- wealth, to pay all the costs of this prosecution, to enter yourself into a recognisance in the sum of $200, together with at least one surety in a like sum, on this condi-

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tion, that you keep the peace and be of good behavior to all the people and par- ticularly to George Rapp and others of the Harmony Society."

Chief Justice William Tilghman, presided as circuit judge in September, 1809, and in 1810 John Gilmore was appointed prosecutor. A record of causes disposed of and a lengthy summary of balances due the county treasurer by the township collectors, close "Minute-book Number 1."

In May 11, 1811. Sarah Shorts was adjudged to be in contempt of court for not obeying a subpoena, in the case of Hays vs. Ash. Her sex saved her from punishment. In November, 1811, John Elliott. William Downing, Hugh Flem- ing and Ben. Fletcher had attachments issued against them for not responding to subponas. In 1813, this dereliction on the part of witnesses became so common, as to make the adoption of stringent measures necessary to secure their attendance.

In February, 1815, the court ordered an allowance of twenty cents a day for insolvent debtors. In May, in the case of ". The Commonwealth vs. William Martin, the defendant was found guilty of an assault on the sheriff in the exe- cution of his office, but not guilty of an assault on the said sheriff in the execu- tion of the duties of his office, with intent to murder him, the said sheriff." The punishment imposed was a fine of ten dollars, three months' imprisonment, after- wards a bond of $500 to keep the peace-especially toward Samuel Williamson. Esq., and to pay all the costs of prosecution.

Samuel Roberts took his seat as president judge, with Judges Parker and Bovard, associates, November 9, 1818. In July, 1819, the court appointed clerks for the thirteen townships. The commission of William Wilkins as president judge of the Fifth judicial district, was read in court April 2, 1821.

The fees charged by early attorneys and the manner in which they kept accounts between themselves and their clients are shown by the following mem- oranda of charges for legal services rendered his client. William Brown, by Gen. William Ayres. The account runs from 1809 to 1814. The first item of twenty dollars evidently a conditional fee, is marked cancelled, showing that the suit was not successful, The account is as follows :

1809. June. To fee in case of Cunningham, for his creditors, Vs. Negley, in case of success $20 00

July. To counsel, writing letter &e in the business of William Johnston and John Moser, 2 00

Aug. 23. To treasury warrant. 3 00

Nov. To cash received from Carothers, in case of Brown vs. Brown 4 25

with interest from December, 1808. 2 00 Fees in the case of Hudson

$11 25

Feb. 24. 1810. The above account settled and there still remains due to William Brown $0.71. for which he received a credit on his note.

Nov. 1813. To attending in court to the case with the grand jury about their bill. $2 00

Apr. 15, 1814. To writing release for yourself and wife to Alexander Logan. 2 00

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HISTORY OF BUTLER COUNTY.

Owing to deaths occurring among the pioneers, probate business was added to the work of the court. In October, 1824. Charles Shaler presided as judge, with John Parker and James Bovard, associates, who were also present in Octo- ber. 1823. with Judge Wilkins. On April 5, 1824, George Smith was sentenced by Judge Wilkins to twenty-four hours' imprisonment in the county jail for hav- ing refused to answer questions, as a witness, in the case of Church Smith vs. Samuel Kinkaid, and for leaving the court abruptly.

On June 24, 1824. a young man named Franklin B. Halleck, left Jacob Mech- ing's tavern in Butler owing about a days' board. Mechling swore out a capias, which was placed in the hands of the sheriff, who with his deputies started in pursuit of Halleck, whose route, it appears, lay through what is now Brady township. As the sheriff was passing David Me Junkin's house, he met the latter who was just starting on a hunt. He ordered him to pursue the fugitive. MeJunkin did so and commanded Halleck to halt. The command being unheeded, Mc Junkin raised his rifle and fired, the ball striking Halleck near the spine, and inflicting a wound from the effects of which he died eleven days later. MeJunkin was arrested and charged with murder. On the trial he was found guilty of voluntary manslaughter, and sentenced to two years' confinement at hard labor in the penitentiary at Philadelphia.

In April, 1828, Judge Shaler ordered a complete index of the continuance docket to be made, and a copy of execution docket from February, 1813, to April, 1824, to be written. An abuse was corrected in January, 1829, when Judge Shaler ordered that no execution should issue upon a judgment on a bond given to the treasurer for the surplus moneys, which might become due by purchasers of lands for taxes, until scire facias should first issue. In July of this year, William Stewart, clerk of the orphans' court, was ordered to make a copy of the orphans' court docket, from 1803 to July 11, 1829, in a legible hand.

The trial of Robert B. Cooly took place September 11, 1833, before Judge Bredin and the following named jurors: John Boyd, William Stewart, John Reed, Benjamin Swain, John Brown, George Boston, John McCallan, Frederick Henry, John T. McNees, William Mc Junkin, Francis Dobbs and Joshua J. Sedwick. He was found guilty of murder in the second degree, sentenced to seven years in the penitentiary of the western district of Allegheny county, and to pay one dollar fine and all the costs of the prosecution. The sheriff was allowed two assistants in conveying Cooly to prison.

From 1836 to 1840, the records of the court show no cases of special import- ance. Judge Bredin presided with the time-honored Associate Judges Parker and Bovard. 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 in the board of commissioners, caused by a failure to elect in the preceding October.

On December 13, 1843, the celebrated trial of the " Commonwealth vs. Sam- uel Mohawk," charged with the murder, on Saturday, June 30, 1843, in Slippery Rock township, of Mrs. James Wigton and her five children, was begun before Judges Bredin and Duffy, and the following named jurors : John Brandon, Isaac

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THE BENCH AND BAR.

Boyer, Henry Barnhart, Robert E. Hays, John Oliver, Robert Hay, Robert Lem- mon, Samuel Marshall, George A. Kirkpatrick, John Gilliland, Willian Cun- ningham and John Dull.

The trial, which lasted several days, during which no less than forty-eight witnesses were examined, resulted in a verdict of guilty, a sentence of death, and the hanging of the murderer in Butler, March 22, 1844.

The crime for which Mohawk thus paid the extreme penalty of the law, was one of the most horrible in the history of the State, and created such intense 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 legal conviction and execution rendered possible.

Samuel Mohawk, who was an Indian, was born December 25. 1907. on the Cattaraugus reservation, in New York. He attended a Quaker school in his youth, and subsequently engaged in hunting and farming. About 1832 he mar- ried Lydia Kypp, from whom he secured a divorce, and he afterwards married Sarah Silverheels. On the day before the murder, he made his appearance in Butler, put up at Brinker's tavern, and spent his time in drinking. The same evening he left, taking the stage for the Stone House tavern, where he got out, and is supposed to have spent the night in that neighborhood. The next morn- ing he proceeded to James Wigton's house. What occurred there is best told in the words of his confession of the crime committed by him. It is as follows :

Opened the door, entered and saw the woman, asked her for an ax; she said she had none; then asked her for a knife, which she gave me, when 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 hier 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 old, 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 heads, 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 upstairs, struck one of the children, on the large bed, that was moaning, and it mnade no more noise. On coming down saw the woman moving, and struck her with a stone, on the head, three times.

While this terrible crime was being committed, James Wigton was at his father's house less than a mile distant. Before his return, the murder had been discovered by Lemuel Davis, who, with his wife and son, had arrived at the Wig- ton home 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 young Kennedy. Pursuit was organized, and the murderer overtaken at the house of Philip Kiester, which he had entered a short time before, terrorizing the women, who fled and left him in possession. Before entering the house, he had provided himself with a handful of rocks. These he used against his pursuers,

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HISTORY OF BUTLER COUNTY.

one of them striking and knocking down Mr. Blair. An attempt to set the dog on him failed. The men then renewed the attack, holding boards above their heads to ward off the missiles. By this means his capture was effected. After binding him, he was taken to the Wigton home, where he confessed the crime. A determination on the part of those present to lynch him, was only overcome 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 indicted for murder, tried, found guilty, sentenced and executed in the manner already set forth.

Between his arrest and trial the desire to deal with him in a summary man- ner, led to the organization of parties to take him from jail, but in each instance wise counsel prevailed, and the law was finally allowed to take its course and deal with him as his crime deserved.

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

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

In 1850, a constitutional amendment was adopted making the offices of presi- dent judge and associate judges elective, and fixing the term of the former at ten years and the latter five years. An act of the legislature approved April 15, 1851, made this amendment effective by providing for the election of presiding and associate judges.

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

In May, 1853, Casper Lampartner and his wife Emeranza were tried for the murder of Constable Ferguson, who was killed in what is now Jefferson town- ship, while attempting to arrest the husband. He was convicted, but afterwards made his escape from jail. His wife was acquitted. The State was represented in this case by John I. Negley.

In June, 1853, the court consisted of Hon. Daniel Agnew, president judge, with John McCandless and Samuel Marshall associate judges. The charge of Judge Agnew, delivered at this term, to the jury in the case of the "Common- wealth vs. Francis Croft," is well remembered. The defendant was indicted for plowing up a burial-ground, but owing to a defect in the act of 1849, providing punishment for such desecration, the judge directed the jury to bring in a verdict of acquittal.

On election night, October 9, 1856, a crowd gathered at the hotel of George Cooper, near Glade Mills. During the evening Matthew Ramsey became bois-

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terous, and in endeavoring to preserve order in his house Mr. Cooper became involved in a quarrel with him, during which he struck him on the left temple. Ramsey died from the effects of the blow, and Cooper was indicted for murder and tried before Judge Agnew, and acquitted. Mr. Cooper died at his home in Mid- dlesex township, August 2, 1894, at the age of eighty years.

In December, 1856, Judge Agnew's associates were Jacob Mechling. Jr., and Thomas Stephenson. In June, 1860, a record was made of the first conviction for selling liquor without a license. In September resolutions of respect to the mem- ory of John Graham, a member of the Butler county bar, were ordered spread upon the records. In December, 1861, James Mitchell and James Kerr were the associates of Judge Agnew. September 22, 1862, owing to the fact that nearly all the members of the Butler bar were in the army, Judge Agnew made an order simplifying court proceedings.

Hon. Lawrence L. McGuffin, the successor of Judge Agnew, presided in December, 1863, his associates being Judges Kerr and Mitchell. December 1, 1866, Joseph Cummins and Thomas Garvey qualified as associate judge -. In September, 1867, the court disposed of the first important divorce case tried in the county. The trial was had before a jury, and the verdict in favor of the wife. who was the petitioner, rendered.

The trial of John B. Addington, charged with the murder of Sidney B. Cunningham and Mr. Teeples, at a dance in Portersville, on the night of Decem- ber 25. 1866, was begun March 6, 1867, before Judges McGuffin, Cummin- and Garvey. The State was represented by E. Mc Junkin and L. Z. Mitchell. C. McCarthy, Charles McCandless, John N. Purviance, John M. Thompson and T. E. J. Lyon, appeared for the defendant. The trial continued until March 21, and resulted in a verdict of guilty of murder in the first degree. In Is6s, upon a re-hearing, Addington pleaded guilty to murder in the second degree, and was sentenced to a term of twenty-five years in the penitentiary. He received a par- don after serving six years, owing, partly to the fact, that others concerned in the tragedy had never been brought to trial.

April 19, 1869, the trial of Zachary Taylor Hockenberry, for the murder of Nancy Ann McCandless, October 3, 1868, took place before Judge McGuffin and associates. John M. Greer, district attorney, and E. Mc Junkin represented the Commonwealth. The accused's attorneys were John M. Thompson and Charles McCandless. The jurors were John H. Cratty, Thomas Martin, Joseph famil- ton, Joseph Lane, Conrad Myers, John Shalatree, David Kelly, William Allen, John G. Christy, and from the talesmen, John K. MeQuistion, Isaac Farnsworth and Robert Duncan. April 28, a verdict of guilty was returned. September 10, sentence of death was pronounced by Judge McGuffin, and carried into effect December 7, 1869, when Hockenberry was hanged. His body was buried in the cemetery at Prospect.

The trial of Philopona Shugart, for poisoning her husband, Jacob Shugart, October 19, 1868, lasted from June 22 to July 5, 1869, when a verdict of guilty of murder in the first degree was returned. Owing to the sanity of the woman being questioned, the death penalty was not inflicted. The trial of Joseph Mar-

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HISTORY OF BUTLER COUNTY.

tin for aiding in the poisoning of Jacob Shugart was begun January 17, 1870, and resulted in a verdict of acquittal.

The Constitution of 1873 provided that, " whenever a county shall contain 40,000 inhabitants, it shall constitute a separate judicial district, and shall elect one judge, learned in the law, and the General Assembly shall provide for addi- tional judges, as the business of such districts 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 General Assembly may provide. The office of associate judge, not learned in the law, is abolished in counties forming separate districts," etc.

In accordance with this amendment, Butler county, having more than 40,000 inhabitants, was erected into the Seventeenth 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 associate judge was abolished in this county.

In 1874, Hon. E. McJunkin was elected a judge of the Seventeenth judicial district. He resigned his seat in Congress to accept the office, and took his place on the bench in January, 1875, at which time Judge Bredin also entered upon the duties of his office.

The trial of William Wright, a colored man, for shooting Wilmot Amos, at Petrolia, July 1, 1874, took place in January, 1875, when he was sentenced to a term of ten and one-half years in the penitentiary. He died there six months after entering.

In March, 1877, Luke Flood was tried before Judge Bredin for the murder of D. Alexander Black, at Modoc, December 20, 1876. Messrs. McQuistion. Don- nelly and Morris represented the Commonwealth. Messrs. Thompson, Scott and L. Z. Mitchell appeared for the defendant. A verdict of manslaughter was returned and Flood was sentenced to a term of four years in the penitentiary.

In 1880, John Lefevre, of Winfield township, was tried for the murder of his wife. Ile was found guilty and sentenced to eight years in the peniten- tiary. W. II. White, who stabbed Charles Egan, at Millerstown, March 1. 1881, was found guilty of murder in the second degree in June, 1881.

The killing of one Fleming by a Swede named Johnson took place at Butler in 1883. The defendant was convicted of murder in the second degree and sent to the penitentiary.

The judicial contest, growing out of the election of law judges, November 4. 1884, was heard before a court, convened at Butler, December 22, 1884, composed of Ilon. Henry Hice, of the Thirty-sixth judicial district ; Hon. James B. Neale, of the Thirty-third judicial district, and Hon. Samuel S. Mehard, 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, Butler county was set apart as the Seventeenth district, Lawrence county was attached for judicial purposes, and the election of two judges, one of whom must reside at New Castle, was ordered. Under this act, the election of November, 1884, was

yours Truly

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held. James Bredin, John M. Greer, Ebenezer McJunkin, John McMichael and Aaron L. Hazen were the candidates. The vote of the two counties was as follows : John McMichael, 7,252; Aaron L. llazen, 7,199; John M. Greer, 7,054; James Bredin, 5,345, and Ebenezer Mc Junkin, 3,754. 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 former claimed to have been elected judge of the Seventeenth district, in opposition to the certifi- cate of the canvassing board, who declared John McMichael and Aaron L. Hazen the judges-elect. Judges Hice and Mehard held that Butler county, under the act of 1>53, did not have the right to elect one judge for her courts, but that with Lawrence she should elect two judges, whose jurisdiction was equal in both counties. Judge Neale dissented. and so the petitions of James Bredin and John M. Greer were dismissed. No appeals being taken, commissions were issued to Judges McMichael and Hazen. In 1892. Hon. John M. Greer was elected additional law judge, vice McMichael. deceased, and in 1893. when Butler county alone was designated as the Seventeenth judicial district, he became the judge of the district thus created.

In February, 1888, United States Marshal McSweeney and deputies, acting on previous information, made a raid in the northern part of the county and suc- ceeded in capturing a number of persons engaged in counterfeiting, with the appliances used in their illegal business. Several of those arrested were found guilty, and sentenced to various terms of imprisonment. Others against whom there was no evidence to connect them with the crime were discharged.

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History of Butler County, Pennsylvania, Part 17

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

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