History of Clearfield County, Pennsylvania : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 8

Author: Aldrich, Lewis Cass
Publication date: 1887
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 876


USA > Pennsylvania > Clearfield County > History of Clearfield County, Pennsylvania : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 8


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In 1807 the township of Chinclelcamousche was divided, and that part east and south of the West Branch of the Susquehanna River was formed into two new townships-Bradford and Beccaria. The former was so named in honor of Hon. William Bradford, who was attorney-general of the State from 1780 to 1791, and who was afterward made Supreme Court judge. The township em- braced the territory in the county east of Muddy Run to its mouth, and from thence was bounded by Clearfield Creek to its mouth. The West Branch


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ORGANIZATION OF THE COUNTY.


formed the northern boundary and the Moshannon the eastern boundary. Beccaria was named in honor of an eminent jurist and philanthropist who was instrumental in reforming the criminal law. This township was bounded north by Little Clearfield Creek from its mouth to its source, and a line drawn from thence to the West Branch at the mouth of Chest Creek. The West Branch formed the west boundary ; the Cambria county line the south, and Clearfield Creek from the mouth of Little Clearfield to the mouth of Muddy Run, and the latter from its mouth to the Cambria county line formed the east boundary. The remaining territory south and east of that river, north of Little Clearfield and west of Clearfield Creek, together with all the lands in the county north and west of the West Branch, still remained and was known as Chinclecla- mousche township.


An act of Assembly passed March 28, 1808, provided that the townships of Beccaria and Bradford in the county of Clearfield, and all that part of Half Moon township of Centre county which lay west of the Allegheny Mountains, be erected into a separate election district, and the electors shall hold their gen- eral elections at the house occupied by John Gearhart.


The next enumeration of taxables gave Chincleclamousche one hundred and eleven, Bradford thirty-six, and Beccaria twenty-eight; in all a total of one hundred and seventy-five for the county.


The population of the county in the year 1810 was, white males, four hun- dred and thirty-seven ; white females, four hundred and three ; negroes, thirty- seven ; a total of eight hundred and seventy seven.


The next step toward the complete civil organization of the county, after the act creating it, in the year 1804, was accomplished in the year 1812, when the General Assembly passed a law, January 28th, providing that the electors of the county be authorized to choose commissioners at the ensuing election in October, and that the powers and authority of the commissioners of Centre county over Clearfield county cease and determine, except, however, the pro- vision relating to the selection of jurors, in which case the commissioners of Centre county still retained jurisdiction in this county.


The limited or abridged organization of the county was made full and complete by the law passed and approved January 29th, 1822, by which Clearfield county became entitled to all the rights and privileges of the other counties of the State, and authorizing courts to be held therein, the Courts of Common Pleas, Quarter Sessions, and such other courts as by law were au- thorized. The first term of court was appointed to be held on the third Mon- day of October, following. All suits theretofore commenced by persons in the county, and then pending, were transferred from Centre to Clearfield county, but until a proper jail was erected, all prisoners were, by the act, to be kept in the jail at Bellefonte.


Power to select jurors was now taken from the Centre county commis-


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HISTORY OF CLEARFIELD COUNTY.


sioners and vested in those of Clearfield. The act further provided that the county should be attached to the fourth judicial district.


In the year 1813 two other townships were carved out of old Chinclecla- mousche. Pike and Lawrence were then erected, taking all that remained of the parent township on the south side of the West Branch, and reaching far up into the uninhabited regions on the north side. Pike township was so named in honor of General Zebulon Pike. The first enumeration of taxables made by Samuel Fulton showed an aggregate of seventy-four, of which twelve were single freemen. Lawrence township was named in honor of Commodore Lawrence, a hero of the naval service. Samuel Fulton made the assessment list in this township also, and reported one hundred and six taxables, of which twenty were single freemen.


Covington township was erected in the year 1817, out of Chincleclamoose, and with Gibson, which was created the same year, formed the first townships lying wholly north of the West Branch of the Susquehanna. Gibson lay north of Covington, and was so named in honor of John Bannister Gibson, one of the justices of the Supreme Court, and afterward chief justice of Pennsylvania. This township was partly taken in the formation of Elk county, and the part not taken was added to the townships adjoining.


Sinnamahoning township was erected by a decree of the court dated Jan- uary 25, 1821. In the month of April following, the name was changed to Fox. This was the last of the townships formed prior to the full organization of the county. It was named in honor of Mr. Fox, a resident of Philadelphia, who owned extensive tracts of land in the county. In 1868, by an act of the Legislature, a part of this township was added to Snyder township, Jefferson county ; another part to Horton township, Elk county, and the remaining part to Huston township, of this county. No further reference in the township department of this work will be made, either to Gibson or Fox townships.


Jay township was formed in 1832, by Commissioners A. B. Reed, Martin Nichols, and George Wilson, from parts of Fox and Gibson townships. A part of it was taken in the erection of Elk county, and the remaining parts were subsequently annexed to Huston and Lawrence townships; so this town- ship, named by the court in honor of Chief Justice Jay, is entirely lost to the future of the county.


In the year 1823 a small addition was made to the county by an act of the Legislature which provided for it, authorizing the deputy surveyor-general of Clearfield county to run a line from the mouth of the second run emptying into the West Branch of the Susquehanna from the north side, below " Butter- milch Falls," at true bearing north thirty-five degrees west, to the (then) pres- ent county line.


The act erecting Elk county was passed April 18, 1843. The description, as recorded by the act in taking lands from Clearfield county, is as follows :


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PUBLIC BUILDINGS AND COURTS.


Beginning at the northeast corner of Jefferson county, thence due east about nine miles to the northeast corner of lot number 2328 ; thence due south to Clearfield county ; thence east along said line to the east line of Gibson town- ship ; thence south so far that a westwardly line to the mouth of Mead's Run shall pass within not less than fifteen miles of the town of Clearfield; thence west to Little Toby's Creek, etc.


This, with the part taken by the act of 1868, heretofore mentioned, com- prise the full extent of lands set off from this county for the formation of other counties.


The other townships organized and erected from older ones of the county are as follows: Brady, 1825; Chest, 1826; Decatur, 1828; Burnside, Bell, and Penn were laid out in 1834, and confirmed in 1835; Girard, 1832; Jordon, 1835 ; Morris in 1836; Boggs in 1838; Ferguson in 1837 or '8, but no record is found of it; Huston, 1839; Karthaus, 1841 ; Goshen, 1845; Wood- ward, 1847 ; Union, 1848 ; Knox, 1854; Geulich and Graham, 1859; Bloom, 1860; Greenwood, 1875 ; Sandy, 1878; Bigler, 1883 ; Cooper, 1884.


Owing to the careless manner in which the early records of the erection of , the several townships were kept, it is possible that an error may be found in the foregoing statement, but generally they will be found reliable. A further and more detailed record of the several townships of the county, will be found in the later chapters of this work.


CHAPTER IX.


PUBLIC BUILDINGS AND COURTS.


Plan of the County Seat -- Lots Donated for Public Buildings -- The Old Log Jail- The Jail Built in 1841-2 -The Present Jail -- Its Cost -- The First Court-House -- Description - Important Cases Tried Therein - The New Court-House Built -- Courts in the Old Curch -- Court-House Remodeled and Additions Built -- Some Leading Causes Recalled.


W THEN the commissioners appointed by the governor determined to fix the seat of justice of the newly created county upon lands of Abraham Witmer, the latter at once caused a plot of the whole locality to be made, and laid out intersecting streets and alleys and intermediate squares of building lots. Market street, the main east and west thoroughfare was laid upon the old " Milesburg road," and the town extended two squares north and south from that road. Walnut street formed the south, and Pine street the north bound- ary of the town, the intervening streets being Locust, Market, and Cherry, and alleys having no name. The streets running north and south were named,


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HISTORY OF CLEARFIELD COUNTY.


commencing at the river, Water street, near the river bank; Front street, afterward called First street ; Second street, Third street, and Fourth street. The river formed the west, and Fourth street the east boundary.


The lot donated for the erection of county buildings was located on the northeast corner of Market and Second streets, and was known on the map as number seventy-five; the market-house lot fronts on Market street and is known as number eighty; the jail lot was located on Locust street, and cor- nered on an alley, and is number ninety-one. On this lot now stands the dwelling house of Mrs. David Sackett. The three lots donated for the erec- tion of an academy lay in the extreme southeast corner of the town, on the corner of Walnut and Fourth streets, and are numbered one hundred and six- ty-two, one hundred and seventy-seven, and one hundred and seventy-eight, respectively. These were found to be impracticable for the intended purpose and were exchanged for lots on Front, or First street, between Market and Cherry streets, a much more desirable location.


Although the dedication of the several lots above mentioned was made by Mr. Witmer in the year 1804, the deed for them was not executed until March 8, 1813. The conveyance was made by Abraham Witmer, and Mary, his wife, of the township and county of Lancaster, Pa., to Robert Maxwell, Hugh Jordon, and Samuel Fulton, commissioners of the county of Clearfield, or to their successors in office, in trust for the said county of Clearfield, for the pur- pose of erecting public buildings thereon.


The lot donated for the erection of the jail on Locust street was never used for that purpose. The old jail was built on the site now occupied by the residence of Dr. J. P. Burchfield, on Second street, and was torn down at the time the residence was built. Some of the old timbers were used in the con- struction of the house. The jail was built of hewed logs, with a shingle roof and heavy wooden door. The windows had iron bars across to prevent escape. Although primitive in design and construction, this prison served the purposes of the county until the erection of the more substantial county jail on the site now occupied by the opera house block. For this structure land was pur- chased of Martin Nichols, sr., at the price of three hundred dollars. The build- ing was of stone, two stories in height.


The front part was tastefully fitted up for the sheriff's apartments, and the rear arranged for jail purposes. It was built by Martin Nichols, sr., and Jona- than M. Nichols, of Clearfield, at a cost of about thirty-five hundred dollars.


The present county jail was built by George Thorn, of Clearfield, in the years 1870-1-2, on lands purchased from Hon. William Bigler, at the lower end of Second street. The material used in construction of the walls, both for the building and yard enclosure, was white and yellow sandstone. The front, on Second street, is occupied by the sheriff as a residence, the place for con- finement of prisoners being further back. The main hall is fourteen feet in


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PUBLIC BUILDINGS AND COURTS.


width and about seventy feet long. The cells are constructed on both sides of this hall, twelve on each side, six below and six above. The cost of this structure, as per contract, exclusive of the price paid for the land, was sixty- eight thousand dollars. Other work, coming under the head of "extras," brought the entire expense of the structure to a much greater figure. The land cost seven thousand dollars.


The first court-house of the county was built by Robert Collins. It was modeled after the Lycoming county court-house, which was built by Mr. Col- lins early in the present century. Soon after the organization of this county he was induced to come to Clearfield, and the fact that a court-house would soon be erected here, hastened his determination, although the building was not commenced until some years later. In the year 1814 the work was com- menced, and completed in the following year. No data is obtainable showing the precise time of commencement, or completion of this court-house, but the dates given may be considered reasonably correct. Collins was awarded the contract at the agreed price of three thousand dollars. The building was two stories high, built of brick, with rooms for county officers above, and the court- room below. The roof was made of shingles, and a small cupola rose above the building proper. There was no attempt at ornament in its construction, as the scarcity of money at that time would admit of no unnecessary expenditure.


The first court was held at a term commencing October 21, 1822. From the Quarter Sessions docket some extracts are made. At a Court of Quarter Sessions of the Peace, a court of Common Pleas and Orphans Court, began and holden at the town of Clearfield, in and for the county of Clearfield, before Hon. Francis W. Rawle and Moses Boggs, esqs., justices and judges of the said courts.


The acts of Assembly organizing Clearfield county for judicial purposes, being read, and the courts being duly opened, the commissions of the said judges, F. W. Rawle and M. Boggs were presented and read. The commission of Samuel Fulton, prothonotary, of the said Court of Common Pleas, and clerk of the said Court of Quarter Sessions and Orphans Court, were also pre- sented and read, and also the commission of Greenwood Bell, sheriff of the said county of Clearfield, and writ of assistance, were presented and read.


On motion of W. R. Smith, esq., Moses Canan was admitted and sworn as an attorney of the courts, and on the motion of Moses Canan, esq., the follow- ing named gentlemen were admitted and sworn or affirmed as attorneys of the same courts, namely, William R. Smith, Daniel Stanard, Joseph M. Fox, John Blanchard, James Hepberton, John Williamson, Hugh H. Brady, Thomas White, William J. Christie, John G. Miles, and Samuel M. Green.


Samuel M. Green was appointed by the attorney-general of the State as deputy attorney-general of this county, and he was now sworn into office.


The returns of the constables were then made; Valentine Flegal repre-


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HISTORY OF CLEARFIELD COUNTY.


senting Bradford, Hugh Caldwell, for Lawrence, and William Hepburn, for Pike township. William Shepherd also appeared for Gibson township, but made no return.


The first petition presented by sundry inhabitants of the county, praying that a road be laid out from the Cambria county line to intersect, near the house of John H. Turner, in Beccaria township, the road leading from Galla- ger's mill to Turner's mill. The court appointed Adam L. Keagy, William Wright, Amasa Smith, James Rea, Thomas Jordon, and Robert Patterson, commissioners to view and report to the court upon the necessity of this road. The road was laid out and report confirmed at the March Sessions in 1883.


Upon the presentation of petitions, licenses to keep tavern were granted to Thomas Hemphill, Robert Collins, and William Philips, all of Clearfield town. This concluded the first day's business, whereupon court adjourned until the following day.


After the adjournment, as the story goes, the newly-made lawyers, with the judges and a party of friends, repaired to a convenient hotel, where they celebrated, in truly royal fashion, this great event. Their great joy led them so far that, with a single exception, every soul of them became overcome by- circumstances-and water from the Susquehanna River. The narrator of this event said there was one person who did not partake of the festivities of the occasion, but was perfectly clear in the statement that he was not that one.


On the morning of the 22d, at the opening of court, Hon. Charles Huston, president judge of the Fourth Judicial District, appeared and took his seat as president judge of the court.


On motion, William Potter was admitted and sworn as an attorney of the courts. William Wilson received the appointment of county auditor in place of Martin Hoover, resigned.


Alexander Caldwell was made deputy-constable of Lawrence, and Isaac Ricketts constable of Beccaria township.


Petitions were received and filed, praying for the laying out of roads, one from Clearfield bridge to Widow Ardery's; one from James Green's to the county line, in Fox township ; one from Turner's mill to Karthaus bridge ; one from Elijah Meredith's to the Fox Company's mill, in Fox township; and one from the inhabitants of Pike and Beccaria townships, to be laid therein. All, except the last, were subsequently confirmed.


The first term of court at which a grand and traverse juries were called was held in December, 1822, with Hon. Charles Huston, presiding.


The grand jurors summoned on that occasion were Thomas Reed, foreman ; Alexander Dunlap, Caleb Davis (absent), John McCracken, John Henry, A. B. Reed, esq., Joseph Irvin, John Stugart, Jacob Hoover, Hugh Hall, esq., Hugh McMullen, Henry Mead, Consider Brockway, Robert Beers, James Iddings, Joseph Mason (absent), John H. Turner, John Bloom, Thomas Lewis, Benja- min Smeal, Joseph Davis, Thomas Haney, Samuel Turner, James McNeil.


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ORGANIZATION OF THE COUNTY.


After having been in session about three days, they presented " true bills" as follows: The Commonwealth against Alexander Osborne, indicted for keep- ing a "tippling-house." On payment of costs a nolle prosequi was entered. Commonwealth versus Hugh Coleman and Thomas Lewis, supervisors of Gib- son township, for nuisance in highway. On motion of Thomas Burnside the indictment was quashed. Commonwealth versus James I. Thorne, blasphemy ; bailed for future appearance. Commonwealth versus Isaac Rodden, keeping a tippling-house; nolle prosequi ordered. Commonwealth versus Absalom Timms, tippling-house ; nolle prosequi ordered. Commonwealth versus Jona- than R. Ames, passing counterfeit money ; bailed to the United States Circuit Court.


Alexander B. Reed was appointed county treasurer December 19, 1822. The first traverse jurors summoned in the county were for attendance at this court. They were : William Wright, Richard Shaw, John Irvin, Samuel Tate, George Brown, John Fullerton, Thomas Dent, James McKee, Alexander Read, James Rea, James Wright, Matthew Gile, Abraham Ross, William Ross, An- thony Wright, Joseph Turner, Robert Ross, jr., James A. Read, jr., James Wilson, Samuel Ardery, Christian Straw, George B. Dale (absent), Jacob Fle- gal, Hugh Frazier, Crawford Gallager, George Ross, Jacob Hoover, John Swan, Lawrence Monahan, Orris Hoyt, James Young, Jonathan Hartshorn, Moses Norris, Jason Kirk, John Moore, Robert Wilson.


It will be unnecessary in this chapter to go further into detail regarding the first court, or the proceedings thereof. The jury lists will serve in a manner to show who were some of the old residents of the county, and the records will suffice for a description of the first judicial proceedings had in the county. The old court-house building, which, in its day, was as pretentious, and perhaps more substantial, than any surrounding buildings of the town, is now a thing of the past; yet, it has left its history in the many memorable cases, civil and criminal, that have been tried within its walls. Among the hundreds and thousands of cases in litigation, tried during the sixty years of time in which the court-house was in use, a few may be recalled as specially momentous. The case of the Commonwealth against Lawrence Allman, indicted for the murder of his brother Godfrey, in a fit of jealous passion. Judge Woodward was then on the bench, and the trial created the most intense excitement throughout the entire county. Allman was convicted of murder in the first degree, but a new trial was granted, which resulted in a verdict of "guilty of murder in the second degree." The prisoner was sentenced to twelve years imprisonment.


The peculiar Plunkett case was another that caused much excitement and still more comment, on account of the impossibilities regarding it.


One Campbell was perhaps as conspicuous an offender as ever was arraigned for trial in any court. The whole catalogue of offenses and misdemeanors, less 11


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HISTORY OF CLEARFIELD COUNTY.


than capital crimes, were chargeable to this person, and it is estimated that he was arraigned at least twenty different times. He certainly enjoyed the noto- riety of being called an habitual criminal.


The famous libel suit of Dr. W. P. Hill versus Dr. Loraine, was another of the celebrated causes tried in the old court-house.


Karthaus versus Wiggins, an action for trespass, was the longest trial on record in the county.


These are but a few of the many cases that were tried in the courts of this county prior to the year 1860. But, as years passed and the population of the county increased, a new and larger building became a necessity. The subject was agitated and discussed by the officials and people as early as 1845, and when the project was sufficiently advanced to take some definite shape, a new feature was introduced. The citizens of Curwensville, and residents in the south part of the county, were anxious that the county seat should be removed to Curwensville. Naturally and vigorously was this opposed by the Clear- fielders and residents of the lower part of the county. The champions of the project of Curwensville offered to donate the lands and erect the necessary buildings free of any expense to the county, and even went so far as to ask for legislative action in interest of the change. Here the Clearfield residents had the advantage. The most influential political workers were in favor of retain- ing the buildings, as in former years, and they were successful. The commis- sioners entered into a contract for the erection of a substantial brick building upon plans submitted by Cleaveland & Bachus. The contract was awarded to George Thorn, of Clearfield, at the agreed price of $16,500, and to use the material of the old building in the erection of the new so far as could be utilized. The work of tearing down the old court-house was begun in March, 1860, and in a few days' time no trace of it remained. In its stead, however, there grad- ually arose a structure more complete, more imposing in appearance, and better calculated to meet the growing necessities of the people of the county.


During the interval between the demolition of the old, and the completion of the new building, courts were held in the old Methodist Church edifice, on Cherry street, between Second and Third streets; but this, too, is now gone, and in its place stands a substantial double frame dwelling, constructed in part from the material of the church building.


Among the causes tried in the Cherry street building, that attracted some considerable attention, was the indictment of Sarah Brenniman, for infanticide. Although the prisoner had confessed the crime, she was acquitted.


James Hauckenbery was tried for the murder of John Thompson, better known as " Devil " Thompson, a dangerous character. Hauckenbery pleaded self-defense ; that at the time he was in fear of his life. The court held and the jury found that the shooting was too severe an act to resort to, to be en- tirely justifiable, and the prisoner was sentenced to four years imprisonment. He was pardoned, however, before the expiration of his term of sentence.


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ORGANIZATION OF THE COUNTY.


Another, and probably the most important case, was that of John Cathcart, the wife murderer. He was found guilty of murder in the first degree, and sentenced to be hanged. Arrangements were making for the execution of the sentence, and Sheriff Frederick G. Miller had ordered the erection of the scaf- fold, but Cathcart defeated the ends of justice by hanging himself about two weeks prior to the day fixed for the execution.


The corner-stone of the new court-house was laid on Monday, the 4th day of June, 1860. There was no public ceremony on the occasion. Within the stone was deposited a tin box containing the names of officers of the Federal, State, county, and borough government, ministers of the gospel residing here, a copy of the Bible, and a number of newspapers of the past and (then) pres- ent. Although the work of constructing the building was commenced in the spring of 1860, the building was not completed until nearly two years later. When partly completed it became necessary to rebuild a portion of the tower owing to a miscalculation on the part of the architect, an uneven pressure on the columns being the result. The interior arrangement differed materially from that of the old court-house. Instead of having the court-room down- stairs, as was the case of the old building, that room was located in the upper story, and the county officers' rooms arranged below, except the surveyor's office, which is in the tower over the main entrance. On entering the front one goes directly into a long, wide hall, extending the entire length of the build- ing. On the right, first the prothonotary's office is reached, then the county commissioner's rooms, and beyond this the treasurer's office, the latter being in the addition built in 1882-83. First on the left from the front entrance is the recorder's office, next the old arbitration room, now used as a justice's office, then the office of the county superintendent, and last the district attorney's of- fices, one of which was formerly used as the sheriff's office. The floors are of asphaltum in the halls above and below. The clock was placed in the tower mainly through the efforts of citizens of the borough. The first bell placed in the tower was found defective, and was replaced by another, which although smaller than the first, was of much better metal.




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