History of Butler County, Pennsylvania, Part 18

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

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The celebrated Harbison-Monks case, of 1887 and Isss, was closed in May, 1888, the woman being the victor. Trouble between Robert Harbison and his wife followed the birth of their child and led the trio into court. In August, 1987, Judge Hazen ordered that the child be placed in the father's care, which order was observed. Later, the resolute woman obtained possession of her infant and fled with him to Kansas. This abduction was followed by the arrest of her two brothers and Wendell Hickey, for contempt of court in aiding the abduction ; but they were released on bail, so that they could produce the child in court. On May 12, they not only produced the infant, but also the mother. The father was represented by Judge Charles McCandles, and Col. J. M. Thompson ; while Judge E. McJunkin, J. M. Galbreath and S. F. Bowser, represented the mother. infant and young men. Here the judge discharged the writ of habeas corpus and remanded the defendants to the sheriff's custody, except the infant, which was ordered to be placed in the keeping of its father. The mother declared that she would never surrender the child; but the judge ordered Sheriff Redic, to enforce the order. Under the law the sheriff was bound to comply, but he stoutiy refused, and the court then authorized him to deputize some one to carry out its orders. Quickly adopting the suggestion of the judge, he summoned the child's father. This power conferred, Harbison attempted to drag the infant from its mother's arms. Strong men left the court in tears, pitying the law that could countenance such barbarity, and even the lawyers for the prosecution became abashed and asked the court to direct Mrs. Harbison's brothers to take the babe from their sister. Luckily, the judge did not respond to their request, and 10

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for a little while there was a calm. Another writ was issued ordering the sur- render of the child ; but the brave mother defied the court and was ordered to jail. With her were sent her brothers and young Hickey. On May 14, when the plaintiff arrived in Butler, to continue the case against his wife, he met here a crowd of angry neighbors, whose looks boded him no good. His determination to obtain the child was shaken, but his friends urged him on. Toward noon a rumor was current that the sheriff would be compelled to take the child from the mother ; but she, hearing of it, produced a chain and padlock, with which she secured herself within the cell. The people were not idle all this time. They determined that the brave woman should hold her offspring against all odds. With this knowledge, Harbison and his friends calmed down ; he dismissed the lawyers who had the case so far, and becoming a client of John M. Greer, he asked that his petition and all rulings under it be set aside, and the mother, infant and their friends discharged from jail. It was a welcome denouement for Judge Ilazen, and he did not neglect to express his gratification at the sudden and pleasant turn of affairs.

The trial of Thomas E. Lee, for the murder of John McCall, at Evans City, on the night of October 31, 1889, commenced in December, following. The State was represented by Judge McCandless and District-Attorney McPherrin, while Thompson & Son and W. A. Forquer defended. The evidence showed that McCall was killed while participating at a ball, given by a secret order, known as the Junior Order of United American Mechanics. Lee was found guilty of murder in the second degree, and sentenced to a term of six and one-half years of solitary confinement in the penitentiary.

The jail delivery of March 4. 1892, was a most unwelcome one for the sheriff. Late on that evening, James F. Mills (the murderer of Dugan), with James Brittin and Joseph Gibson (colored). Jesse Smith, T. J. Black and Charles Miller, escaped from the jail. Brittin was re-arrested at Callery, and Black at Renfrew, the day after, while Smith was caught on March 6. The cap- ture of Mills was effected later, and he appeared for trial on March 21. The man-hunt was vigorously prosecuted until the criminals were run down and cap- tured.

James F. Mills, who murdered Peter Dugan, December 22, 1891, on the Welsh farm, in Connoquenessing township, was tried in March, 1892. District Attorney Reiber and S. F. Bowser represented the Commonwealth, while Forquer, McQuistion, McCandless and Thompson defended the accused. The last named lawyer protested that the court was not legally convened, raising the point that unless a case was in progress at the close of the second week of a quarter sessions' term, the term could not be extended beyond two weeks. In proof, he presented rulings made in 1850, when another murderer named Mills was brought to jus- tice. Attorney Reiber and Judge Hlazen opposed this logic and ordered the jury to be impanelled. Like former cases of this character, jurors were challenged wholesale, but by the evening of the second day twelve men were accepted, namely : James Wilson, Grant Jones, O. M. Albert, C. Il. Wible, Daniel Over- heim, Isaac Wible, Robert Kley, Levi Albert, Il. C. Bricker, William Starr, Charles Reilly and L. D. Kiester. The counsel for the defense saved the pris-

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ner's life, but could not save him from the penitentiary. where he was sent for twelve years.

The murder of Mrs. Hasler and her daughter, Mrs. Flora Martin. by Harper Whitmire, took place near St. Joe Station, December 5, 1893. The suicide of Whitmire, on the day following, relieved the county of the onus and cost of the prosecution, the only legal action being taken by the coroner.

THE BENCH.

Before Butler county was organized her territory was attached to Allegheny county for judicial purposes, thus coming under the jurisdiction of the courts of the latter county, the presiding judge of which was Hon. Alexander Addison, a native of Scotland. In 1794 he aided the authorities in quelling the " Whisky Insurrection," and made many enemies. In 1802, Judge Addison refused to per- mit an associate judge to charge the jury after he had delivered his address. For this he was summoned before the higher courts, which dismissed the complaint against him. His enemies, not content with this, carried the matter to the legislature. He was impeached by the House of Representatives, tried by the senate, found guilty as charged, and sentenced to removal from office, and per- petually disqualified from again filling any judicial position in Pennsylvania. He died in Pittsburg, November 27, 1807.

Hon. Jesse Moore, the successor of Judge Addison, was commissioned a- president judge of the Sixth judicial district of Pennsylvania. April 5, 1803. previous to which time he had practiced law for some years at Sunbury. From 1804 to 1818 he presided over the court of common pleas of this county. Judge Moore was a solemn, dignified and austere man, both in his official and private life. He dressed after the fashion of Colonial days and was a punetillious observer of the old-time manners. He regarded his office as one of the very highest im- portance and dignity, and was constantly reminding the members of the bar to deport themselves in a dignified manner outside the court-room as well as in the judicial presence. His dignified character and his adherence in dress to the oldl- time dress-coat, knee breeches, buckles and stockings, as well as to the powdered wig and queue, caused him to be long remembered by the early settlers of the county. He was a native of Montgomery county, and died December 21. 1-54.

Hon. Samuel Roberts was born in Philadelphia, September 8. 1763. Ile was admitted to the bar in that city in 1793, and soon afterward moved to Sun- bury. He was appointed president judge of the district including Butler county in 1818 and held the office until his death in 1820.

Hon. William Wilkins, the successor of Judge Roberts, presided for the first time in Butler county. April 2, 1 21, and continued in office until July, 1824.

Hon. Charles Shaler presented his commission as judge July 5. 1524. His term of office was marked by an able di-charge of its responsible duties. His rulings, especially in land cases, disclosing an intimate knowledge of the intri- cacies of the law.

Hon. John Bredin was born in the town of Stranorlar, Donegal county. Ire- land, in 1794. In 1802 he came to Butler county with his parents. When at the age of sixteen he went to Pittsburg and took a position as clerk in a general

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store. When eighteen years of age he purchased a tract of wild land in what is now Summit township, Butler county. In 1817 he was clerk in the prothono- tary's office in Butler. He next began reading law under Gen. William Ayres. Ilis association as a student with this well-known lawyer and land owner. gave him a practical insight into the land business and made him acquainted with the early land laws. This knowledge afterwards proved of great value to him in his practice and he came to be regarded as an authority in land title disputes. In 1824 he entered into the newspaper business with his brother Maurice, combining law and journalism until 1830. In 1829 he married Nancy MeClelland, of Franklin, Venango county. In 1831 he was appointed president judge of this judicial district, a position he filled with marked ability until his death May 21. 1851.

Hon. Daniel Agnew. president judge of this district from 1851 to 1863, and afterwards associate justice and chief justice of the Supreme Court of the State, is a man of eminent ability as a lawyer and jurist. While on the bench in this county he won the respect of the members of the bar and the people by the manner in which he met the exacting duties of his office. He has a fine legal mind and his decisions were rarely reversed on appeals. His election to the bench of the Supreme Court was a deserved recognition of his high ability and his upright conduct in public and private life.

Hon. Lawrence L. McGuffin was president judge from 1863 to 1874. Dur- ing his term a number of important criminal and civil suit- were tried before him. Ile made an excellent record, and was deservedly popular.

IIon. Charles McCandless was born in Centre township, Butler county, November 27. 1834. At the age of twenty he taught school, during the winter of 1854-55, in the same log school house in Centre township which he had attended a- a boy. In 1856 he entered Witherspoon Institute. After leaving that school he read law in the office of his uncle, Charles C. Sullivan, was admitted to practice June 14. 1-58, and became the partner of his preceptor, and soon gained recognition as an able and successful lawyer. In 1860, Mr. Sullivan died, and Mr. McCandles succeeded to his large practice. In 1862, he was elected to the State Senate for a term of three years. In 1872, he was a delegate to the Republican National Convention at Philadelphia, which nominated Grant and Wilson. In 1874 he was appointed by Governor Hartranft judge of the Seventeenth judicial district to fill a vacancy, and was one of the Republican candidates for the same office at the ensuing election, but was defeated. He was appointed chief justice of New Mexico in February, IS7S. In the following October, he resigned and returned to Butler, giving attention to his large practice until his death, March 14, 1593.

Hon. Ebenezer Me Junkin, the ninth president judge of this district, was born in Centre township, Butler county, March 28, 1819, his father, David McJunkin, being one of the pioneer settlers of that township. In 1836 he became a student in Jefferson College at Cannonsburg, graduating in 1841. He then came to Butler and began the study of law in the office of Charles C. Sullivan. He was admitted to the bar September 12, 1843, and became the partner of his preceptor. In 1549 he was appointed deputy attorney-general, and began prac- tice on his own account. It was not long until he became recognized as a suc-

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cessful and able member of the bar, and enjoyed a lucrative practice. In politics, he was first a Whig and afterwards a Republican, being one of the organizers of the Republican party in Butler county. In 1860 he was a delegate to the National Republican Convention at Chicago, and a member of the electoral col- lege in 1864. In the fall of 1870 he was elected to Congress, and re-elected in 1872. In 1874 he ran as an independent Republican candidate for the office of judge of the Seventeenth judicial district, and was elected, resigning his seat in Congress to accept that office, and taking his seat on the bench in January, IS75. Hle drew lots with his colleague for the president judgeship, which he won, filling the position until January, 1885. Since his retirement from the bench he has devoted himself to the practice of his profession. Perhaps no other man now living has been more fully identified, not only with the legal and polit- ical, but with the material progress of the county. Since his arrival at man- hood's years he has been one of the foremost citizens in the community, a leader at the bar, a leader in his party and a leader in every progressive and public- spirited enterprise calculated to advance the best interests of the people among whom he lived so long, and by whom he has been so often and so deservedly honored.

Hon. James Bredin, son of John Bredin, was born in Butler, Pennsylvania. May 9, 1831. He received a liberal education in the local schools, at Washing- ton College, and in the naval school at Annapolis. A reference to the military chapter will show the part taken by him in the Mexican war. Early in 1-50, he returned to Butler and began reading law in his father's office, but after his fath- er's death, in 1851, continued his studies in the office of Hon. E. McJunkin. He was admitted to the bar, June 14, 1853 ; but he did not at once begin practice. pre- ferring to join Jame- Campbell, S. M. Lane and others in establishing a bank here, and a branch at New Castle. In 1855, however, he returned to the profes- sion ; in 1>71 moved to Allegheny, and, in 1874, was elected one of the judges of the Seveneenth district and served ten years. Ilis subsequent removal to Alle- gheny does not alienate him from Butler, where he is recognized as an able law- yer and is held in high esteem.

Ilon. Aaron L. Hazen is a native of Shenango township, Lawrence county, where he was born February 19, 1837. He was educated in the district schools and in Beaver Academy, from which he graduated in 1858. He then entered Jef- ferson College at Cannonsburg, Pennsylvania, graduating in 1861, the last year being devoted to law studie -. He enlisted April 19, 1861, in the Twelfth Penn- sylvania Volunteers. Being disqualified for service in the ranks by deafness, he became a paymaster's clerk, serving until the close of the war. Ile was admitted to the bar at New Castle in September, 1865, was elected district attorney in 1870, and re-elected in 1-73. In 1>>4, he was elected one of the two judges of the Seventeenth judicial district, then embracing Butler and Lawrence counties. After his election he took up his residence in Butler as president judge. In Sep- tember, 1893, a separation of the district took place, Butler county alone becom- ing the Seventeenth judicial district. Lawrence county was erected into a new district. Under this re-apportionment, Hon. John M. Greer became president judge of the Seventeenth, and Judge Hazen president judge of the new Lawrence

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county district. This change made it necessary for Judge Hazen to resume his residence in New Castle. His terin of office expired in January, 1895. His dis- charge of his duties during the eight years he presided in Butler, was marked by a strict observance of legal forms and a desire to render exact justice.

Ilon. John M. Greer is a native of Jefferson township, Butler county, where he was born August 3, 1844. In July, 1862. a month before he was eighteen years of age, he enlisted in the defense of the Union, and, although wounded at Petersburg, remained in the service until February, 1866, when he was mustered out. After his return from the army, he taught school, and afterward read law in the office of the late Judge Charles McCandless. In September, 1867. he was admitted to the bar, and, in 1868, was elected district attorney for a term of three years. In 1876 he was elected State Senator, and re-elected in 1880. In 1882 he was nominated for the office of secretary of internal affairs. In that year, however, the entire Republican ticket suffered defeat. In 1884, he was one of the two nominees of the Republican party for judge of the Seventeenth Judicial district, but failed of election. From 1887 to 1891. he served as inspector and examiner of soldiers'orphan schools. In 1892, on the death of Judge McMichael, he was elected as his successor-additional law judge of the Seventeen judicial

district. In 1893, under the operation of a special act of the legislature, Butler county alone became the Seventeenth judicial district, Lawrence county being erected into a new district, with Judge Hazen as president judge. Judge Greer then succeeded to the president judgeship of the Seventeenth judicial district. The career of Judge Greer has been one of continuous growth. His successive promotions have come to him in recognition of his ability and the satisfactory discharge of every duty entrusted to him. He has made an excellent record since his elevation to the bench, and is one of the most popular judges that has ever occupied the position.

THE BAR.

John Gilmore, prominent as a lawyer and politician, during the early years of the county's history, was the son of James Gilmore, a native of Ireland, who came to what is now Somerset county, Pennsylvania, prior to or during the Revo- lution, in which county John Gilmore was born in 1780. A few years later his parents removed to Washington county, where he passed his youth and young manhood. After the usual preparatory studies, he was admitted to the bar, being at the time twenty-one years of age. He shortly afterward began the practice of law in Pittsburg. In 1803, he was married, in the town of Washington, to Miss Elena Spence Anderson, and the same year came to Butler as deputy attorney general. He served several terms in the legislature from Butler county, was speaker of the House in 1821, and was prominent in the legal and political hi -- tory of the county during the first twenty-five years of its existence. He died in 1845, after a long, useful and honorable career.

David C. Cunningham, a brother of the Cunninghams who founded the borough of Butler, was admitted to practice in Butler in 1804, and was well- known to the bench and bar of the earlier years of the county's history.

Col. John Purviance, a soldier of the War of Es12, was born in Washington,

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Pennsylvania, December 28, 1781. He studied law there under Parker Camp- bell. In 1804 he came to Butler as a practicing attorney. He was the legal advisor of the Harmony Society from 1805 to 1815, with the exception of the time passed on the frontier as colonel of the Second Pennsylvania Militia Regi- ment. He was a brother-in-law of John Gilmore, having married an older sister of Mrs. Gilmore. The family returned to Washington, Pennsylvania, in 1811, where Colonel Purviance died, December 28, 1820. The Purviances of Butler county are descended from him.

Gen. William Ayres came to western Pennsylvania in 1791, with the troops sent to quell " The Whisky Insurrection," in the capacity of a tailor. Being ambitious of a more prominent career than his trade offered, he entered the office of Judge Brackenridge, in Pittsburg, and began the study of law. He appears to have been an apt student, not only of law, bin of politics, and quick to take advantage of every opportunity for preferment. When Butler county was organ- ized, he was appointed to the office of prothonotary, which then included among its duties those of clerk of the courts, and of register and recorder. He soon became a large land owner, and a powerful factor in the political life of the county. He was admitted to the bar in 1809, and immediately established himself as a suc- cessful practitioner. Although a bachelor, he built for himself a comfortable and well furnished home, and lived what was then considered an affluent and lux- urious life. He was a lover of books, and surrounded himself with a large private library, devoting his leisure to their study and perusal. At his death, in 1843, he left an estate, of real and personal property, valued at $150,000.

John Galbraith is mentioned in the chapter on . The Press," for the reason that by establishing The Butler Palladium and Republican Star, he became the pioneer newspaper man of the county. After studying law in Butler under Gen. William Ayres, he was admitted to the bar in Butler, November 10, 1818. Ile removed to Franklin in 1819, and became one of the prominent lawyers of Ve- nango county. He afterwards removed to Erie, where he became president judge.

Ilon. Samuel A. Purviance, a native of Butler county, and, during his life- time, a man of national note, was born in Butler, January 10, 1809. By the death, in 1820, of his father, Col. John Purviance, the responsibility of main- taining the family devolved upon him and an older brother. His boyhood and youth were devoted to earnest work and in laying the foundation for an honor- able and eminent career. He carried a surveyor's chain, clerked in the offices of the prothonotary, sheriff and commissioners, and did such other work as enabled him to aid in supporting his widowed mother and his brothers and sis- ters. In the meantime he had been educating himself, and had acquired studi- ous and thoughtful habits. He prepared himself for a professional career by reading law in the office of Gen. William Ayres, and was admitted to practice October 2. 1827. He began his legal career in Warren county, and was soon appointed deputy attorney general. Within a few years he returned to Butler county. He was a member of the convention that framed the Constitution of 1838, his colleague from Butler county being Gen. William Ayres, He served in the General Assemblies of 1838 and 1839, as a member of the House of Repre- sentatives from Butler county. In ISIThe was a delegate to the Whig National

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Convention which nominated Henry Clay for President, and in 1856 a member of the first Republican National Convention, and was recognized as one of the founders of the Republican party. He was elected to Congress in 1854, and re-elected in 1856. While in Congress he took a prominent part in the Kansas- Nebraska debates, opposing his voice and his vote to the attempt of the slave power to extend its dominion over the western territories. In 1859, after the expiration of his term in Congress, he removed to Pittsburg. In 1860 he was chosen as a delegate to the Republican National Convention in Chicago, which nominated Abraham Lincoln. In 1861 he was elected attorney-general of Pennsylvania. He was tendered an important diplomatic appointment by Presi- dent Lincoln, but, not desiring to go abroad, declined it. He enjoyed in a high degree not only the confidence and esteem of Mr. Lincoln, but also of Edwin M. Stanton, the famous Secretary of War. As a delegate to the Republican National Convention of 1864, he aided in the nomination of President Lincoln for a second term, and in 1868 was a delegate to the convention that nominated Grant as the presidential candidate of the Republican party. This convention also chose Mr. Purviance as a member of the national executive committee. In 1872 he was prominently mentioned as a candidate for the nomination of vice-president on the Republican ticket. He was a member of the convention that framed the State Constitution of 1873. With the discharge of his duties as a member of that notable assemblage, his public career closed. From his first appearance in pub- lic life to the signing of that Constitution, he had given his native State over forty years of able, faithful and distinguished service, and had secured the respect and esteem of her citizens. He died at his home in Pittsburg, February 14. 1882. His widow died in December, 1891.

Hon. Joseph Buffington began his career in Butler as the editor of a weekly paper called The Repository. He read law in the office of Gen. William Ayres. and was admitted to the bar July 1, 1826. About a year afterward he moved to Kittanning. In 1832 he was elected a delegate to the National Convention of the Anti-Masonic party at Baltimore. In ISI he was a presidential elector on the Whig ticket. He was elected to Congress in 1842, and served two terms, In 1849 he was appointed judge of the Eighteenth judicial district, and in 1852 was tendered, but declined, the chief judgeship of Utah. In 1855 he was appointed judge of the Tenth judicial district, to till a vacancy ; was elected in 1856, and re-elected in 1866. In 1871 he resigned, owing to failing health. On February 3, 1872, while apparently in his usual health, he died very suddenly, closing a long, useful and honorable life, peacefully and painlessly. Descending from Quaker parentage, his life was marked by a quiet but firm adherence to those principles which he believed to be right. His education and his studious habits enabled him to master the intricacies of the law, and to take high rank as a jurist, while a faithful and fearless discharge of his official duties won for him the respect of the people.

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History of Butler County, Pennsylvania, Part 18

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