USA > Pennsylvania > Cambria County > History of Cambria County, Pennsylvania, Volume I > Part 15
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
158
HISTORY OF CAMBRIA COUNTY.
justice the removal of the County Seat from Ebensburg to Johnstown, the great business and commercial centre of the County," and requesting the candidate for Assembly who would be nominated, to pledge himself to use every effort to pass a law to that effect. General James Potts was nominated, but on the 10th of August he withdrew and Captain Henry D. Wood- ruff, of the Democrat, became the nominee for Assembly on the Removal ticket.
On August 8 the Democratic convention met in Ebensburg and nominated an "Anti-Removal" ticket. The candidates be- fore the convention were William Horace Rose, James Griffin and Nathaniel Horne of Johnstown, Robert H. Brown of Cres- son and John Porter of Lilly. On the sixth ballot Mr. Rose was nominated. William B. Bonacker of Johnstown was nom- inated for sheriff. The campaign was opened and conducted solely on the question of removal of the court house, and politics were disregarded. Meetings were held throughont the district. The Anti-Removal party agitated the building of a new prison in Ebensburg which was considered a good move to block the Removal people. This event brought the campaign poet to the fore with the following, which was sung to the tune of "Captain Jinks of the Horse-Marines:"
" Old Bob and Phil may talk and cant, And Tom and Frank may rave and rant; But that big jail-Oh no, you shan't; We'll raze it with our army.
" You know that Bill will not report; He only pledged himself to sport; But we are going to bring that Court, With our Removal Army."
Lewis Plitt and others procured an injunction against Will- iam Callan, the contractor for the new jail, and the commis- sioners and treasurer, to prevent them expending any money on the new penitentiary, as it was termed by the Antis. The defendants not having filed an answer Judge Potts moved for judgment pro confesso, which brought the matter to an issue. An attachment was issued for the defendants for contempt of court, but they all appeared and disclaimed any thought of con- tempt, which ended that proceeding and the new jail was com- pleted. The election took place on October 11, when Mr. Rose received 2.929 votes and Captain Woodruff, 2,707. The vote in Johnstown was thus: First ward, for removal, 233 against 31; Second, 106 to 15 for it : Third ward. 114 to 21 for its Fourth
159
HISTORY OF CAMBRIA COUNTY.
ward, 150 to 18 for it; Fifth ward, 166 to 32 for it; Sixth ward, 107 to 12 for it.
The vote in Ebensburg was this: East ward, Rose 118; Woodruff, none; West ward, Rose 153; Woodruff, none. Cap- tain Bonacker was elected sheriff, and Daniel J. Morrell was defeated for congress by 11 votes.
Shortly after the election, F. Carroll Brewster, the attorney general for the state, moved for quo warranto proceeding against George Taylor to show cause why he exercised the duties of president judge of the district court, and on February 9, 1871, judgment was entered against Judge Taylor and he was ousted. This was a serious blow and was considered to have actually abolished the district court.
For almost a year tranquility prevailed, when suddenly Governor Geary appointed James Potts, president judge, David Hamilton and William Flattery associate judges, and George T. Swank prothonotary and clerk of the quarter sessions court, for the district court to be holden in Johnstown. The old contest was renewed with vigor. On September 20, 1871, a convention was held in Johnstown over which Captain Wood- ruff presided. Thomas MeCabe of East Conemangh and John W. James of Johnstown were vice-presidents, and W. A. Krise of Coopersdale, and John Roberts of Franklin were the secre- taries. The appointees were nominated. Notwithstanding there were but ten days until the election, an opposition ticket was placed in the field, consisting of Cyrus Long Pershing for president judge; George W. Easly and Jacob Singer for asso- ciate judges, and Robert H. Canan for prothonotary. It was a brilliant dash, and was made more interesting because Judge Taylor, Judge Dean and Thaddeus Banks were contesting for the prize of president judge of the XXIVth judicial district. The result was as follows: Judge Potts received 1,447 votes; Pershing, 924; Hamilton, 1,481; Flattery, 1,262; Singer, 1,009; Fasly, 938; Swank, 1,470, and Canan, 910. Judge Dean suc- ceeded in the XXIVth district. On the same day Samuel Henry of Ebensburg was elected to the Assembly over W. Horace Rose by a vote of 2,912 to 2,505. The result of this election was the passage of the Act enlarging the jurisdiction of the district court, reference to which has been made previously.
The Taylor quo warranto had done its work so well that on March 28, 1872, at the suggestion of Captain J. K. Hite, who was prothonotary in Ebensburg, another writ was issued against
160
HISTORY OF CAMBRIA COUNTY.
George T. Swank to show cause why he exercised the rights and duties of the office to which he had been elected. The court sustained the claimant. and the supreme court affirmed it, where- upon Mr. Swank was likewise ousted. It was not a difficult matter for an attorney or suitor to know what was going on in the jury room after the jury retired. On this occasion an im- portant ease was being tried, and the jury having gone to their room had agreed upon a verdict against the client of Colonel Kopelin which of course came to his knowledge. He had also received private information that Mr. Swank had been onsted by the supreme court, therefore, Colonel Kopelin immediately moved to have the jury discharged, inasmuch as there had been no legal clerk of the court during the trial. The jury filed in to record their verdict. Judge Potts received it on the ground that the court had "no official notice of the removal of Mr. Swank." The opinion of Mr. Justice Agnew was considered so broad that it virtually ended the district court, which re- mained suspended from July, 1872, until after the amended Act of April, 1873. Samnel Henry was friendly to the Removal cause, and through his influence the bill became a law.
On April 9, 1873, Governor Hartranft reappointed George T. Swank clerk of the district court, who reassumed the duties attached to the position. On May 13, the county commissioners leased for a court house Parke's Opera House, and the second floor of the Benton building, which adjoined it on the west. The opposition endeavored to have the Union Hall, Fronheiser's Hall, or the Episcopal church selected for the court house, but for the time being were unsuccessful. George W. Cope and Henry H. Kuhn were admitted to practice law in Mareh, and Oliver J. Young and John H. Brown in September, 1873.
On May 12, 1873, another writ of quo warranto was issued commanding Judge Potts to show cause why he assumed and exercised the power of president judge of the district court. On the return day Henry D. Foster of Greensburg and John Scott of Huntingdon appeared for Judge Potts and moved for a con- tinuance. It was granted on the condition that he would not exercise any duty of the court, excepting to convene and adjourn the court until the final decision was made. This condition existed until October, when Judge Potts was removed. Not- withstanding the Union Hall had not been leased for the use of the court, JJudge Potts moved thither on July 7, 1873, and opened court and was about to adjourn under the condition imposed,
161
HISTORY OF CAMBRIA COUNTY.
when Colonel Linton moved for the trial or the discharge of a client who had been indicted for a serious offense. Judge Potts directed the crier to adjourn the court until the first Monday of October. While this was going on in the Union Hall, another court had been convened in Parke's Opera House, which was attended by Sheriff Bonacker, Treas- urer John Cox, Associate Judge David Hamilton, and George T. Swank, clerk of the court. The attorneys present were Colonel Kopelin, R. L. Johnston, W. H. Sechler, W. Horace Rose, Daniel MeLaughlin, Jacob Zimmer- man, and H. H. Kuhn. Subsequently Colonel Linton appeared. Judge Hamilton directed Crier Markey to open the court, which he did in his inimitable way. The commission issued by Gov- ernor Hartranft appointing Mr. Swank clerk, etc., was read and recorded. Colonel Kopelin and Colonel Linton then made the same motion in this court as Linton had made before Judge Potts sitting in the Union Hall. The motion was filed, and Judge Hamilton adjourned it until the first Monday of October. Mr. Swank did not personally act as clerk of the court, he continuing as editor and publisher of the Tribune. Captain Kuhn was his deputy until the latter part of 1872, when John H. Brown suc- ceeded and served until his term expired.
On September 19, 1873, a petition requesting the electors to choose two delegates -- one Republican and one Democrat-to meet in convention to nominate a candidate for clerk of the court, was addressed to "The Voters residing within the limits of the District Court." It was numerously signed, beginning with Gale Heslop and Casper Burgraff and ending with George F. Randolph and D. J. Morrell. The convention met in Parke's Opera House on September 27. The delegates were: Adams township: Lewis W. Shank and Hiram Shaffer; Cambria borough : Michael Sweeny and Henry Gore; Conemaugh town- ship: John Cushon and D. I. Horner; Second ward of Cone- maugh borough : Martin Rist and William Cushon; Coopersdale borough : W. A. Krise and John D. Adams; Franklin borough : John Furlong and J. F. Devlin; Millville borough: Michael Maloy: Taylor township : J. B. Bowser and J. B. Clark; Johns- town, First ward: John Hitchens and Hugh Bradley; Second ward; J. F. Barnes and Jacob Mildren; Third ward, Casper Burgraff and William Doubt; Fourth ward: Oscar Graffe; Fifth ward : A. Wigand and S. T. Robb; Sixth ward: Hugh Maloy and S. B. MeCormick; Prospect borough: Thomas Dunford and Vol. I-11
162
HISTORY OF CAMBRIA COUNTY.
John Smith. There were no delegates from the First ward of Conemaugh. East Conemaugh or Woodvale boroughs, nor from the townships of Upper and Lower Yoder and Richland. The officers of the convention were John Cushon, president ; Michael Sweeny and Henry Gore, vice-presidents, of whom the latter declined to accept the honor, and Jacob Mildren was chosen. J. B. Adams and W. A. Krise were the secretaries. Lucian D. Woodruff was nominated by acclamation for clerk of the court. Notwithstanding the unanimity in the proceedings it was only on the surface, and deep down there was hot blood among the politicians, and every voter was in that class. The election was to take place October 14, and on the 3d Samuel Masters announced that he would be an independent candidate for that office. It was a lively dash. Mr. Masters was elected by a vote of 1.443 to 1.294. At the same election Herman Baumer was elected sheriff over John T. Harris by a vote of 2,828 to 2,550, and Samnel Henry, a Republican was re-elected to the Assembly for the third successive time. The latter and the sheriff were of course county nominees.
The first Monday of October, 1873, was the time for the beginning of the regular term. On that day some of the court officials met in the Union Hall. and the others in Parke's Opera House. Judge Potts went to Pittsburg that morning, and at 10 o'clock Associate Judge Flattery took his seat in the Union Hall court and directed J. D. Hamilton, the court crier, to open the conrt. The order was obeyed. Those present were: Robert Barclay, a juror; Colonel Kopelin, an attorney; J. D. Barkley. a spectator, and two reporters. Judge Flattery announced the absence of Judge Potts, and that nothing could be done, and ad- journed court until the first Monday of January. The Parke's Opera House court did not even have an associate judge, and it seems there were only two persons present-George T. Swank. the clerk, and Patrick Markey, the crier, who opened and ad- journed the court. At the July term Judge Hamilton had at- tended both courts but at this time he was absent.
The supreme court ousted Judge Potts, but on October 31 he was reappointed by Governor Hartranft, who at the same time reappointed Judge David Hamilton, and selected Robert B. Gageby as the other associate judge in place of Judge Flat- tery, who had gone over to the opposition but is recorded as having resigned.
In the meanwhile the new constitution had been adopted,
163
HISTORY OF CAMBRIA COUNTY.
which. when it would take effect, would abolish the district court of Johnstown. In view of this it was concluded better to have one court than two: therefore, on the first Monday of January term. 1874, Judge Potts and Associate Judges Hamilton and Gageby opened the term in Parke's Opera House, where the clerk had held his office during the turmoil, and where it con- tinued until it went out of existence. On May 20, 1874, Colonel Kopelin died.
On October 21, 1874, a petition numerously signed by the leading citizens, among whom were D. J. Morrell, James Mc- Millen, C. T. Frazer, W. B. Bonacker. E. A. Vickroy, John M. King. A. Montgomery, John P. Linton, Cyrus Elder, John H. and Pearson Fisher, requested Judge Potts and Associate Judges Hamilton and Gageby to be candidates for re-election, and on the same day their acceptance was announced.
On the 29th a card was posted announcing that John F. Barnes would be a candidate for president judge, and Mahlon W. Keim and John Benshoff for associate judges of this court. This was the condition of affairs four days before the election, and neither candidates on the respective tickets had been nom- inated by a political party or a convention. It was a lively campaign, but a sort of a go-as-you-please-contest, and the po- litical stilettoes were keen and pointed. The result was: Potts, 1,015, and Barnes, 1,247: Gageby, 1,219, and Keim, 1,167, to 1.140 for Benshoff and 1,025 for Hamilton. Judge Barnes pre- sided until the October term had been completed, when the dis- trict court was abolished.
The records were removed to Ebensburg and filed in the office of the prothonotary, and thus ended a court of record of a brief existence but of more turbulence than was ever known.
"Among the departed great men of Pennsylvania whose services to the commonwealth deserve to be gratefully remem- bered the faithful historian will place Judge Cyrus L. Pershing, who died on June 29, 1903, at his home in Pottsville, Schuylkill county. Pennsylvanians should be proud of the fact that this modest but distinguished citizen lived all his days within the borders of the Keystone State. Presbyterians should be proud of the career of this conspicuous and worthy adherent of their faith and doctrine.
"The Pershing family is one of the oldest in Western Penn- sylvania. It is of Huguenot origin, Judge Pershing's great- grandfather, Frederick Pershing, having emigrated to this coun-
164
HISTORY OF CAMBRIA COUNTY.
try from Alsace, then a part of France, landing at Baltimore on October 2, 1749. In 1773 the emigrant purchased a tract of 269 acres of land upon the head waters of Nine Mile Run in what is now Unity township, Westmoreland county, Pennsylvania, and in 1774 he moved his family from Frederick county, Maryland, to the new home. With his sons he engaged in farming and he also built 'Pershing's mill.' One of his grandsons, Christo- pher, son of Christian, was the father of the future judge. Judge Pershing's mother, Elizabeth Long, was also descended from a pioneer family in Westmoreland county, her grandfather, Jacob Long, a Pennsylvania German, having moved from Lancaster county to Westmoreland county about the beginning of the last century. Jacob Long's grandfather, Oswald Long, and his father, Diebold Long, emigrated from Wurtemburg in 1730.
"Cyrus Long Pershing was born at Youngstown, Westmore- land county, on February 3, 1825. He was therefore in his sev- enty-ninth year at the time of his death. In 1830 his father moved his family to Johnstown, dying in 1836. Cyrus was the oldest of three brothers. A good mother was equal to her re- sponsibilities. That her boys should receive the best education that was possible was her firm determination. They were early sent to 'subscription schools.' When thirteen years old Cyrus became a clerk in a store in Johnstown. Here he learned from the farmers to speak Pennsylvania Dutch fluently. In 1841 he was employed as a clerk at the weighlock of the Pennsylvania canal at Johnstown. Subsequently he filled other clerical posi- tions in connection with the canal. In all these positions as op- portunity would permit he was an industrious student of the edu- cational textbooks of the day. In 1839 he began the study of Latin with the Rev. Shadrach Howell Terry, the first pastor of the Presbyterian church at Johnstown, and afterwards he began with Mr. Terry the study of Greek. Mr. Terry died in 1841 and was succeeded by the Rev. Samuel Swan. In 1842 Cyrus L. Pershing recited Greek to Mr. Swan that he might be prepared to enter the freshman class of Jefferson college, at Canonsburg, which he entered in November of that year. From this time until June 14, 1848, when he was graduated, he con- tinued his college studies in the winter and his clerical duties in the summer, with the exception of a few months in 1846, when he taught one of the public schools in Johnstown.
"During the winter following his graduation Mr. Pershing taught a classical school at Johnstown, which was well attended
165
HISTORY OF CAMBRIA COUNTY.
and was very successful. In 1849, having resolved to study law, he accepted an invitation from Jeremiah S. Black, of Somer- set, afterwards the distinguished jurist, to enter his office as a student. In November, 1850, he was admitted to the Somerset bar, and immediately afterwards, on November 26, 1850, he was admitted to the bar of Cambria county. He opened an office in Johnstown and at once entered upon a large and profitable practice in the court of Cambria county. This practice he con- tinued to enjoy as long as he remained a citizen of Johnstown. He also established outside of Cambria county an excellent repu- tation as a pains-taking lawyer who knew the law, and this reputation paved the way for new clients and for honors which soon came to him. Judge Black was so impressed by the native ability of his student and the readiness with which he mastered legal principles and the details of legal practice that he offered him a partnership immediately after his admission to the bar, but this arrangement was not consummated because of Judge Black's elevation to the supreme bench of Pennsylvania in 1851.
"Soon after his admission to the bar Mr. Pershing was mar- ried to Miss Mary Letitia Royer, youngest daughter of the Hon. John Royer, a pioneer iron manufacturer in the Juniata valley and a Whig member of the legislature from Huntingdon county and afterwards from Cambria county. The marriage took place at Johnstown on September 23, 1851. The Royer family is an old Pennsylvania family, of Huguenot extraction. Five sons and two daughters were born to Mr. and Mrs. Pershing, all of whom, with their mother, are still living.
"All lawyers in country towns in the old days were expected to be politicians, even if they did not have political ambition of their own. Most of them. however, were ambitious of political preferment. Cyrus L. Pershing was a politician from boyhood. He knew the history of his country and of political parties as few other boys knew it. He early developed literary talent as a writer for the local newspapers, and what he wrote for publi- cation often related to the political issues of the day. He be- came a member of a local debating society and soon developed considerable ability as a public speaker. Even before he was admitted to the bar he was in demand as a speaker at neighbor- hood meetings of the Democratic party, to which party he faith- fully adhered from the beginning to the end of his active career. When yet a boy he began to keep a diary of miscellaneous occur- rences and also a scrap-book of election returns and political
166
HISTORY OF CAMBRIA COUNTY.
.
events. This habit of methodically preserving facts which he deemed worthy of preservation strengthened a naturally re- tentive memory and nourished his literary and historical tastes. Running through his public speeches and addresses while he lived in Johnstown there was always a historical vein. In 1848, before his admission to the bar, he was the orator of the day at a banquet given at Johnstown to the Cambria county soldiers who had returned from the Mexican war. Few men who have ever lived in Pennsylvania have known the history of the State, and especially its political history, as Cyrus L. Pershing knew it. He was familiar with the careers of its notable men-poli- ticians, lawyers, clergymen, college professors, and others, and he had a personal acquaintance with most of them.
"After his admission to the bar Mr. Pershing's advance- ment in the councils and leadership of his party was so rapid that in 1856 and again in 1858 he was the Democratic candidate for congress in the district of which Cambria county formed a part. He was defeated in both years, as the district was largely Republican in sentiment, but in each year he greatly reduced the normal anti-Democratic majority. In the fall of 1861 he was elected a member of the state legislature from Cambria county, and he was re-elected in 1862, 1863, 1864 and 1865, serving in this office for an unusually long continuous period. His service in the legislature ended with the session of 1866. The author of a published sketch of Mr. Pershing in 1869 says: 'During the whole of Mr. Pershing's service at Harrisburg he was a member of the committee of ways and means, the ju- diciary, and other important general and special com- mittees. At the session of 1863, the only one in which the Democrats had a majority, Mr. Pershing was chairman of the committee on federal relations, and at the succeeding session was the Democratic nominee for speaker of the house. He was an acknowledged leader and enjoyed to a rare degree the con- fidence and personal esteem of his fellow-members without dis- tinction of party.'
"It will be observed that Mr. Pershing's services in the Pennsylvania legislature covered almost the entire period of the Civil war, He was himself a War Democrat and believed in a vigorous prosecution of the war. In addition to what is said of Mr. Pershing's legislative career in the extract above quoted it can be stated as a part of the history of that great struggle that Governor Curtin was in the habit of privately consulting
167
HISTORY OF CAMBRIA COUNTY.
with Mr. Pershing as the Democratic leader in emergencies which were constantly arising. The governor could rely on his loyalty, his wisdom, and his influence over his fellow-members. "Honors now come to Cyrus L. Pershing in rapid succes- sion. In 1866 he was a delegate from his congressional district to the National Union Convention which met at Philadelphia in August of that year. In 1868 he was a presidential elector on the Democratic ticket. In 1869 he was the Democratic candidate for judge of the supreme court of Pennsylvania, but was defeated by a small majority. In 1872, owing to divisions in the Demo- cratic party of Schuylkill county, he was asked to become a compromise candidate for president judge of the courts of that county. He was then in his forty-eighth year. He had never been in Schuylkill county, and was, of course, a stranger to most of its people, even to many members of the bar who had urged him to accept the nomination. However, he consented to become a candidate and was elected by a large majority for the constitutional term of ten years. In December, 1872, he held his first court at Pottsville and in the spring of 1873 he moved his family to Pottsville. In 1882 he was elected for another term of ten years, and in 1892 for still another term. But fail- ing health prevented him from serving the whole of the third term. He resigned in August, 1899, having presided with great acceptance over the courts of Schuylkill county for twenty-seven consecutive years. From 1899 until his death in 1903 he rested from his labors, but his interest in public affairs and in the welfare of his immediate neighborhood never ceased, and his wonderful memory never failed until he was stricken with his last illness.
"In 1875, while presiding over the courts of Schuylkill county, Judge Pershing was nominated for governor of Penn- sylvania by the Democratic state convention of that year, his opponent being General John F. Hartranft, who had been elected to the governorship in 1872 and was now a candidate for a second term. Owing to his position on the bench Judge Pershing could not "take the stump." So great, however, was his personal popularity that he was defeated by a small ma- jority of less than 12,000 for General Hartranft. Outside of Philadelphia Judge Pershing led his distinguished opponent by a large majority.
"During Judge Pershing's first term as president judge of
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.