USA > Pennsylvania > Adams County > History of Cumberland and Adams counties, Pennsylvania. Containing history of the counties, their townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies; history of Pennsylvania, statistical and miscellaneous matter, etc., etc > Part 35
USA > Pennsylvania > Cumberland County > History of Cumberland and Adams counties, Pennsylvania. Containing history of the counties, their townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies; history of Pennsylvania, statistical and miscellaneous matter, etc., etc > Part 35
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CHAPTER VII.
COURTS-COUNTY OFFICIALS-MEMBERS OF CONGRESS, SENATORS AND ASSEMBLY- MEN.
D URING nearly 100 years succeeding the settlement of Pennsylvania," says a writer in 1879, "few of our judges understood the principles of the law, or knew anything about its practice before their appointment. Our county courts were presided over by the justices of the peace of the respective counties, all of whom were ex officio judges of the courts of common pleas and quarter sessions of the peace, any three of whom were a quorum to transact
131
HISTORY OF CUMBERLAND COUNTY.
business. At the same time the provincial council and the high court of errors and appeals, which was presided over by the governor of the province for the time being, very frequently had not a Inwyer in it. And yet the busi- ness of that day was done, and well done, too. The judges were generally selected because of their well-known integrity of character, extended business experience und sound common sense, and by close observation and long ox- perience became well acquainted with the duties of their positions and fitted to adjudicate the important interests committed to their charge. Nor was the bar inferior. Gentlemen, eminent for their legal abilities and oratorical powers, practiced before them. and by the gravity of their demeanor and respectful behavior shed lustre upon the proceedings and gave weight and influence to the decisions rendered. Great regard was had for the dignity of the court, and great reverence felt for forms and ceremonies; and woe to the unlucky wight who was caught in a ' contempt,' or convicted of speaking disrespect- fully of the magistrate or of his sovereign lord-the king.'
The usual form of record at the opening of court may be seen in the fol- lowing:
At a Court of Common pleas held at Carlisle, for Cumberland County, the Twenty- third day of July, in the fifth year of the Reign of our Sovereign Lord, George the Third, by the Grace of God of Great Britain. France and Ireland. King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven hundred & sixty-five, before John Arm- strong. Esq., and his Associate Justices, &c., of the Same Court.
As a matter of necessity the first courts in Cumberland County were held at Shippensburg, it being then the only town in the valley (1750) and therefore the only place which could accomodate those who gathered at court. By a commission dated March 10, 1750, the following persons were appointed jus- tices of the peace and of common pleas in Cumberland County: Samuel Smith, of Carlisle; William Maxwell, of Peters; George Croghan, of East Penns- borough; Robert Dunning, of West Pennsborough; Matthew Dill and Benj. Chambers, of Antrim; Wm. Trent, of Middleton; Wm. Allison, of Antrim; Hermanus Alricks, of Carlisle: John Miller, of West Pennsborough: Robert Chambers, of Hopewell; John Finley, of Lurgan; and Thomas Wilson, of Middleton. Samuel Smith was president of the court. He had previously been a member of the Assembly, sheriff and justice of the peace in Lancaster County. He was succeeded by Francis West in 1797.
The date of the first court held at Shippensburg was "the twenty-fourth day of July, in the twentieth year of the reign of his Majesty King George the Second, Annoque Domini 1750." The last at that place was held in April, 1751. John Potter, who had come to America in 1741 and settled "in the neighborhood of Shippen's farm," now Shippensburg. as early as 1746 or earlier, had been appointed sheriff,* and on the original organization of the county returned the writ of venire which had been directed to him with the panel annexed, and the following persons were sworn as grand jurors: Wm. Magaw, John Potter, John Mitchell, John Davison, Ezekiel Dunning, John Holliday, James Lindley, Adam Hoops. John Forsyth, Thomas Brown, George Brown, John Reynolds, Robert Harris. Thos. Urie, Charles Murray, James Brown and Robert Meek. The record of this first session of the court shows also that "Hermanns Alricks, Esq., produced to the court a commission under the hand of the Hon. James Hamilton, Esq., governor. and the great seal of the province, appointing him clerk of the peace of the county of Cumberland, and the same was read and allowed and ordered to be recorded." The beauti-
"Mir. Potter was twice sheriff, his commissions bearing date October 6. 1750, and October, 1754. His son, James, was a lieutenant in the militia, and a captain in Armstrong's Kittanning, expired in 1756. He removed to what is now Centre County in 1772, and became distinguished both In military and civil circles.
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HISTORY OF CUMBERLAND COUNTY.
ful penmanship of Mr. Alricks is as plain to-day on the old records as it was when written.
The first court of common pleas and the criminal courts were, by order of the Governor, first held at Carlisle, July 23, 1751, and under the above named justices, and were held at that place regularly afterward. "The orphans' court, however, for four or five years remained unfixed to any one place, and is said to have followed the persons of the judges." The justices were intended to be appointed at least one from each township, and out of the number some one was commissioned to act as president.
On account of some existing vacancies in the county, the Governor, in Octo- ber, 1764, appointed a new board of justices, consisting of John Armstrong, James Galbreath, John Byers, Wm. Smith (superseded January 15, 1766, for participation in the affair at Fort Loudon), John McKnight, James Carothers, Hermanus Alricks, Adam Hoop, Francis Campbell, John Reynolds, Jonathan Hoge, Robt. Miller, Wm. Lyon, Robt. Callender, Andrew Calhoun, James Maxwell, Samuel Perry, John Holmes and John Allison. These were reap- pointed in 1769, together with some others outside the present limits of the county, except, perhaps, John Agnew and Turbutt Francis. John Holmes was appointed sheriff, and James Jack, coroner, in 1765, and in October, 1768, David Hoge was appointed sheriff, and William Denny, coroner (these appoint- ments made by the Governor upon returns of electiou to him).
August 16, 1765, at a court of oyer and terminer, before Alex. Steadman, of the supreme court, and John Armstrong and James Galbreath, Esqs., John Money was tried and convicted of felony and the murder of Archibald Gray in March previous, and was not long after executed for his crime. One Warner was very early tried and executed for the robbery and murder of a man named Musselman, near New Kingston. The courts of the county have been called upon to try a number of murder cases, and several legal executions for murder have occurred in the county. A case in the first court held at Shippensburg was recorded as follows:
Dominus Rex vs. submits to ye Ct. and thereupon it is considered by the Court and
Sur Indictmt. for Larceny, not guilty & now ye deft ret her pl and
Bridget Hagen. ) adjudged that ye sd Bridget Hagen restore the sum of Six pounds seventeen shillings & six pence lawful money of Penna. unto Jacob Long ye owner and make fine to ye Governor in ye like sum and pay ye costs of prosecution & receive fifteen lashes on her bare back at ye Public Whipping post & stand committed till ye fine & fees are paid.
The whipping post was, with the stocks and pillory, on the square near the court house. Generally in the sentence where a culprit was to receive lashes they were to be "well laid on," as in the case of Wm. Anderson, convicted of felony at the January term in 1751. Whipping was the ordinary mode of punishment, and probably the executioner used his lash with telling effect.
In the court of quarter sessions for July, 1753, sixteen bills were presented to the grand jury against a number of persons "for conveying spurious liquor to the Indians out of the inhabited portion of this province." The jury ignored most of them. As a writer says: "To the noble red man civilization had already become a failure."
Cases of imprisonment for debt occupied the time and attention of the early courts and lawyers, as page after page of the common pleas record testi- fies. Entries like the following are by uo means uncommon:
Upon reading the petition of A. B., a prisoner under execution in the public gaol of this county, to the court, it is therefore ordered by the Court that the petitioner notify his creditors to appear the - day of - next, and now (same date) the Court order the above petitioner to he brought into court; and now, being brought into court, the Court do thereupon remand him, the said A. B., to the public gaol.
BY THE COURT.
John a whe
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HISTORY OF CUMBERLAND COUNTY.
Sometimes it was so arranged that the prisoner was discharged, or occa- sionally sold or bound to some one to work out the amount of his indebted- ness, the person having advanced the same to the creditors.
COUNTY OFFICIALS.
Clerks of Quarter Sessions. - 1759, Samuel Postlethwaite; 1794, John Lyon; 170S, F. J. Haller; 1509, Charles Bovard.
Clerks Orphans' Court, Registers of Wills and Recorders of Deeds .- John Creigh, appointed April 7, 1777; resigned February 9, 1779, and succeeded February 13, by William Lyon, who was also appointed to receive subscriptions for the State loan. Mr. Lyon was also in 1777-79 Clerk of oyer and terminer, and prothonotary.
Clerks Orphans' Courts, Oger and Terminer, and Prothonotaries .- 1798, William Lyon: 1809. William Ramsey; 1816, Robert McCoy.
Prothonotaries .- 1750-70, Hermanus Alricks, Turbutt Francis, John Agnew: 1777, Wm. Lyon; 1820, B. Anghinbaugh: 1823, John P. Helfenstein; 1526. R. McCoy; 1528. Willis Foulke: 1829. John Harper; 1835, George Fleming: 1839. George Sanderson; 1842. Thomas H. Criswell: 1845, William M. Beetem: 154S. James F. Lamberton: 1851, George Zinn, Jr .; 1854, Daniel K. Noell; 1557. Philip Quigley: 1860, Benjamin Duke; 1863, Samnel Shireman: 1566. John P. Brindle 1569, Wm. V. Cavanaugh; 1872, David W. Worst: 1875. John M. Wallace; 1575. Robert M. Graham; 1881, James A. Sibbet; 1SS4, Lewis Masonheimer.
Registers and Recorders .- 1795, George Kline; 1804, Francis Gibson; 1809, George Kline; 1816, William Line: 1820, F. Sharretts: 1823-28, J. Hendell; 1829, John Irvine.
Registers (only) .- 1834. James G. Oliver: 1835, Wm. Line; 1839, Isaac Ang- ney; 1842. Jacob Bretz; 1945. James McCulloch; 1845, Wm. Gould: 1851, A L. Sponsler; 1554, Wm. Lytle; 1557. Samuel MI. Emminger; 1860, Ernest N. Brady; 1863, George W. North: 1566, Jacob Dorsheimer; 1869, Joseph Neely; 1972, John Reep; 1875, Martin Guswiler; 1878, J. M. Drawbangh; 1881, C. Jacoby; 1584. Lemuel R. Spong.
Coroners .- 1765-67, James Jack: 1768-70, William Denny; 1771-73, Samuel Laird; 1774-76, James Pollock; 1777, John Martin; 1778. William Rippey; 1779. William Holmes 1781, William Rippey: 1783, John Rea.
Clerks of Court .- 1520, John McGinnis: 1823-26, John Irvine; 1828, F. Sharretts: 1529, R. Angney.
Clerks and Recorders .- 1532, Reinneck Angney; 1534, John Irvine; 1836, Thos. Craighead: 1539. Willis Foulke: 1542, Robt. Wilson; 1845. John Goodyear: 1548, John Hyer; 1551. Samnel Martin: 1854, John M. Gregg; 1557. Daniel S. Croft: 1560, John B. Floyd: 1563, Ephraim Cornman; 1566, Samuel Bixler: 1869, George C. Sheaffer: 1872, George S. Emig: 1875, D. B. Steviek: 1875. John Sheaffer: 1981, D. B. Saxton: 1854, John Zinn.
Sheriffs .- 1749. John Potter: 1750, Ezekiel Dunning; 1756. Wm. Parker; 1759. Ezekiel Smith: 1762. Ezekiel Dunning: 1765, John Holmes: 1768, David Hoge: 1771, Ephraim Blaine: 1774, Robt. Semple; 1777, James Jolinson: 1750. John Hoge: 1753. Sam'l Postlethwaite; 1756, Chas. Leeper; 1759, Thos. Buchanan: 1792, James Wallace; 1795, Jacob Crever: 1795, John Carothers; 1501, Robt. Greyson: 1804. George Stroup; 1507. John Carothers: 1510. John Boden: 1813. John Rupley; 1816, Andrew Mitchell; 1519, Peter Ritney; 1522, James Neal: 1525, John Clippinger; 1825, Martin Dunlap: 1831, George Beetem: 1434. Michael Holcomb; 1837. John Myers: 1840, Paul Martin; 1843, Adam Longsdorf; 1546, James Hoffer: 1849, David Smith;
15
136
HISTORY OF CUMBERLAND COUNTY.
1852, Joseph McDarmond; 1855, Jacob Bowman: 1858, Robert McCartney; 1861, J. Thompson Rippey; 1864, John Jacobs; 1867, Joseph C. Thompson; 1870, James K. Foreman; 1873, Joseph Totten; 1876, David H. Gill; 1879, A. A. Thomson; 1882, George B. Eyster; 1885, James R. Dixon.
Treasurers .- 1787, Stephen Duncan; 1789, Alex McKeehan; 1795, Robt. Miller; 1800, James Duncan; 1805, Hugh Boden; 1807, John Boden; 1810, Robert McCoy; 1813, John McGinnis; 1815, Andrew Boden; 1817, George McFeely; 1820, Jas. Thompson; 1824, Geo. McFeely; 1826, Alex. Nesbitt; 1829, Hendricks Weise; 1832, John Phillips; 1835, Jason W. Eby; 1838, Wm. S. Ramsey; 1839, Robt. Snodgrass; 1841, Wm. M. Mateer; 1843, Robt. Moore, Jr. : 1845, David N. Mahon; 1847, Robt. Moore, Jr .; 1849, Wm. M. Porter; 1851, William S. Cobean; 1853, N. Wilson Woods; 1855, Adam Senseman; 1857, Moses Bricker; 1859, Alfred L. Sponsler; 1861, John Gutshall; 1863, Henry S. Ritter; 1865, Levi Zeigler; 1867, Christian Mellinger; 1869, George Wetzel; 1871, George Bobb: 1873, Levan H. Orris; 1875, A. Agnew Thom- son; 1878, John C. Eckels; 1881, W. H. Longsdorff; 1884, Jacob Hemminger.
District Attorneys. - 1850. Wm. H. Miller; 1853 and 1858, Wm. J. Shearer; 1859 and 1864, J. W. D. Gillelen; 1865 and 1870, C. E. Maglaughlin; 1871, W. F. Sadler; 1874, F. E. Beltzhoover; 1877, George S. Ewing; 1880, John M. Wetzel; 1883, John T. Stuart.
County Commissioners. - 1839, Alex. M. Kerr; 1840, Michael Mishler; 1841, Jacob Rehrar; 1842, Robt. Laird; 1843, Christian Titzel; 1844, Jefferson Worthington; 1845, David Sterrett; 1846, Daniel Coble; 1847, John Mell; 1848, James Kelso: 1849, John Sprout; 1850, Wm. H. Trout; 1851, James G. Cressler; 1852, John Bobb; 1853, James Armstrong; 1854, George M. Gra- ham; 1855, Wm. M. Henderson; 1856, Andrew Kerr; 1857, Sam'l Magaw; 1858, Nath'l H. Eckels; 1859, James H. Waggoner; 1860, George Miller; 1861, Michael Kast; 1862, George Scobey; 1863, John McCoy, three years; Mitchell Mcclellan, two years; 1864, Henry Karns, John Harris; 1865, Alex. F. Meck; 1866, Michael G. Hale: 1867, Allen Floyd; 1869, Jacob Rhoads; 1870, David Deitz; 1871, J. C. Sample; 1872, Samuel Ernst; 1873, Jacob Barber; 1874, Joseph Bautz; 1875, Jacob Barber; 1878, Jacob Barber, Hugh Boyd; 1881, Hugh Boyd, Alfred B. Strock; 1884, James B. Brown, George Hauck.
President Judges .- 1750-57, Samuel Smith; 1757, Francis West; 1791, Thos. Smith; 1794, Jas. Riddle; 1800, John Joseph Henry: 1806, James. Hamilton; 1819, Chas. Smith; 1820, John Reed; 1838, Sam'l Hepburn; 1848, Fred'k Watts; 1851, James H. Graham; 1871, Benj. F. Junkin; 1875, Mar- tin C. Herman; 1884, Wilbur F. Sadler.
Associate Judges .- 1791, James Dunlap, John Jordan, Jonathan Hoge, Sam'l Laird; 1794, John Montgomery; 1800, Wm. Moore, John Creigh; 1813, Ephraim Steel; 1814, Jacob Hendel; 1818, Isaiah Graham: 1819, James Arm- strong; 1828, Wm. Line; 1835, James Stewart, John LeFevre; 1842, T. C. Miller; 1847, John Clendenin; 1851, Sam'l Woodburn, John Rupp; 1856, Sam'l Woodburn, Michael Cochlin; 1861, Robt. Bryson; 1862, Hugh Stuart; 1866, Thos. P. Blair; 1871, John Clendenin, Robt. Montgomery; 1872, Hen- ry G. Moser, Abram Witmer.
MEMBERS OF CONGRESS, SENATORS AND ASSEMBLYMEN.
Representatives in Congress .- 1775-77, Col. James Wilson; 1778-80, Gen. John Armstrong; 1783 (to July 4), John Montgomery; 1797-1805, John A. Hanna; 1805-13, Robt. Whitehill; 1813-14, Wm. Crawford: 1815-21, Wm. P. Maclay; 1827-33, Wm. Ramsey; 1833 (unexpired term), C. T. H. Craw-
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HISTORY OF CUMBERLAND COUNTY.
ford; 1835-37, Jesse Miller; 1835-40, Wm. Sterrett Ramsey; 1841-43, Amos Gustine; 1543-47, James Black: 1847-49. Jasper E. Brady; 1819-53, J. X. McLanahan: 1553-55, Wm. H. Kurtz; 1855-57, Lemuel Todd; 1857-59, John A. Ahl; 1859-81, Benj. F. Junkin; 1861-65, Joseph Bailey; 1865-69, Adam J. Glossbrenner; 1869-73, Richard J. Haldeman: 1873-75, John A. Magee, also Lemuel Todd at large: 1875-79, Levi Maish; 1879-81, Frank E. Beltzhoover; ISS3. W. A. Duncan (died in office, and Dr. John A. Swope, of Gettysburg, elected to fill vacancy December 23, 1SS4; also re-elected in No. vember, 1885).
State Senators, -1841-43, J. X. McLanahan; 1844-46, Wm. B. Ander- son; 1847-49, Robt. C. Sterrett; 1850-52, Joseph Baily; 1853-55, Sam'l Wherry; 1856-55, Henry Fetter; 1859-61, Wm. B. Irwine; 1862-64, George H. Bucher; 1865-67. A. Heistand Glatz; 1868-70, Andrew G. Miller; 1871- 74, James M. Weakley; 1875-75, James Chestnut; 1878, Isaac Hereter; 1882, Samuel C. Wagner.
Representatives in Assembly .- 1779-SO, Abraham Smith, Sam'l Cuthbert- son, Fredk. Watts, Jona. Hoge, John Harris, Wm. McDowell. Ephraim Steel; 1780-81, S. Cuthbertson, Stephen Duncan, W'm. Brown, J. Hoge, John An- drew, John Harris, John Allison; 1781-82, James McLean, John Allison, Jas. Johnston, Wmn. Brown, Robt. Magaw. John Montgomery, Stephen Duncan; 1752-83, S. Duncan, John Carothers. J. Johnston, W'm. Brown, Jas. McLene, J. Hoge, Patrick Maxwell; 1783-84, Wm. Brown, of Carlisle, F. Watts, Jas. Johnston, John Carothers, Abraham Smith, Wmn. Brown, Robt. Whitehill; 1814, Jacob Alter, Samuel Fenton, Jas. Lowry, Andrew Boden and Wm. An- derson: 1815, Philip Peffer, Wm. Wallace and Solomon Gorgas; 1824, James Dunlap; 1529, Wmn. Alexander, Peter Lobach; 1833, Michael Cochlin, Sam'l McKeehan: 1834, David Emmert: 1835, William Runsha (died suddenly in office), Chas. McClure: 1836-38, Wm. R. Gorgas, Jas. Woodburn; 1840, Abraham Smith Mckinney, John Zimmerman; 1841, Wm. Barr, Joseph Cul- ver; 1842. James Kennedy, Geo. Brindle; 1843, Francis Eckels; 1843-44, Jacob Heck; 1844, Geo. Brindle; 1845, Augustus H. Van Hoff, Joseph M. Means; 1846, James Mackey, Armstrong Noble; 1847, Jacob LeFevre; 1847-48, Abraham Lamberton: 1548. Geo. Rupley; 1849-50, Henry Church, Thos, E. Scouller; 1851, Ellis J. Bonham; 1851-52, Robt. M. Henderson; 1852-53. David J. McKee: 1553. Henry J. Moser; 1854. Montgomery Donaldson, Geo. W. Criswell: 1555-56. William Harper, James Anderson; 1857, Chas. C. Brandt: 1857-58. Hugh Stuart: 1858-59, John McCurdy; 1859, John Power; 1560. W'm. B. Irvine, Wm. Louther; 1861, Jesse Kennedy; 1861-62, John P. Rhoads: 1863-64. John D. Bowman; 1565-66, Philip Long; 1867-68, Theo- dore Cornman; 1869-70. John B. Leidig; 1871-72, Jacob Bomberger; 1873- 74. Wm. B. Butler: 1574-75. G. M. Mumper; 1876-77, Sam'l W. Means; 1877-78. Samuel A. Bowers; 1878-SO, Alfred M. Rhoads, Robt. M. Cochran, Jr. : 1582, Geo. M. D. Eckels, John Graham.
Representatives in Supreme Executive Council. - March 4. 1777, Jonathan Hoge; November 9, 1775 (from what is now Franklin County), James Mc- Lean; December 28, 1779, Robert Whitehill, of East Pennsborough; 1781- 84, John Byers.
In the committee of safety John Montgomery was representative from Cumberland County during the life of the committee. William Lyon was a member of the Council of Safety until its close, December 4, 1777.
Commissioners in Assembly, etc .- From November, 1777, and later, Will- iam Duffield, James McLean, William Clark, James Brown, Robert Whitchill, John Harris. In 1777 John Andrew was commissioner of the county, while
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HISTORY OF CUMBERLAND COUNTY.
James Lyon, William McClure, William Finley, James McKee, James Laird and George Robinson were assessors. William Piper was collector of excise in 1778, and Matthew Henderson in 1779, William Irvine in 1781, and John Buchanan in 1782. James Poe became commissioner of taxes October 22, 1783, and Stephen Duncan county treasurer. J. Agnew was at the same time clerk of the quarter sessions, over which court John Rannells, Esq., presided for some time subsequent to January 20, 1778, on which date the "Grand In- quest for the Commonwealth of Pennsylvania and the body of the County of Cumberland " presented the following: "That the public Court House of the County of Cumberland is now occupied by Capt. Coran and his men, who are employed in the service of the United States, as a laboratory and store- house, and has been occupied by the people in the service of the United States for a considerable time past, so that the County of Cumberland can not have the use of the said Court House, but are obliged to hire other places for the county's use-they are of opinion that the United States ought to pay to the treasurer of the County of Cumberland, after the rate of £10 per month, monthly and every month Capt. Coran hath been possessed of said Court House, and for every month he or they may continue to occupy it, not exceeding the 20th day of April next; and of this they desire that Capt. Coran, or the com- manding officer of the laboratory company, may have notice. Per Wm. Moore, foreman."
CHAPTER VIII.
BENCH AND BAR-PROVINCIAL PERIOD-FROM THE REVOLUTION UNTIL THE ADOPTION OF THE CONSTITUTION OF 1790-CONSTITUTIONAL PERIOD.
I.
PROVINCIAL PERIOD.
THE bar of Cumberland County had its birth in the colonial period of our T history-in the days when Pennsylvania was a province, and when George II was the reigning king. Courts of justice had been established by the proprietaries in the settled portions of the province, at first under the laws of the Duke of York, and subsequently under the rules of the common law ; but the necessity for them became greater as the population increased, as new sec- tions were settled, and it was this necessity for the establishment of courts of justice nearer than Lancaster, in this newly settled portion of Pennsylvania, which was the principal reason for the formation of Cumberland County in 1750.
From this period begins the history of our bar. For nearly one hundred years succeeding the settlement of Pennsylvania, few of the justices knew anything of the theory or practice of law, until after they had received their commissions from the King. Even the "Provincial Council," which was the high court of appeal, and which was presided over by the governor of the province, had frequently no lawyer in it ; but by the time of the formation of our coun- ty a race of lawyers had arisen in Pennsylvania, who "traveled upon the circuit"-many of whom became eminent in the State and nation-whose names will be found in the early annals of our bar.
.
139
HISTORY OF CUMBERLAND COUNTY.
COURTS AT SHIPPENSBURG.
The first courts in the Cumberland Valley were held at Shippensburg: four terms, dating from the 21th of July, 1750, to and including April, 1751. But when Carlisle (Letort's Spring, as it had been called) was laid out and chosen by the proprietaries as the county seat, they were removed to that place.
At the first term of court in Shippensburg Samuel Smith, who had been a member of the Colonial AAssembly, and his associate justices presided ; John Potter had been appointed the first sheriff, and Hermanus Alricks, of Carlisle, a grandson of Peter Alricks, who came from Holland in 1682 with dispatches to the Dutch on the Delaware, and who was himself. at this time (1749-30), the first representative of Cumberland County in the assembly, produced his com- Inission from the governor of the province, under the great seal, as clerk of the peace for the said county, which was read and recorded.
FIRST COURTS AT CARLISLE.
The first court held at Carlisle was in the year immediately succeeding the formation of the county, and was "a court of general quarter sessions, held at Carlisle, for the county of Cumberland, the twenty- third day of July, 1751. in the twenty- fifth year of our Sovereign Lord, King George II, over Great Britain, ete. Before Samuel Smith. Esq., and his associate justices."
These first courts were probably held in " a temporary log building on the northeast corner of the publie square." The court house was used during the Revolution, and as late as January, 1775. by Capt. Coran and a company of United States troops as a laboratory, so that the justices were compelled to hold courts at temporary places elsewhere.
THE EARLY COURTS.
The justices who presided were commissioned, through the governor of the province. by the King. The number of these justices varied from time to time. The courts of quarter sessions and common pleas were held four times each year, and private sessions, presided over often by the associate justices, irregularly, as occasion called for.
At the beginning of our history the public prosecutor was the Crown, and all criminal cases are entered accordingly in the name of the King, as: The King rs. John Smith. This is until the Revolution, when, about 1778, the form is changed to .. Pennsylvania rs. which is used until August. 1795, after which the form " Respublica rs. " is used until August, 1532, when the word "Commonwealth." which is now in use, appears.
The form of the pleadings at this early period may be considered curions: THE KING rs. Sur Indictment for Assault and Battery.
CHARLES MURRAY.
Being charged with avers he is not guilty as in the indictment is supposed, and upon this he puts himself upon the court and upon the King's attorney likewise.
But now the defendant comes into court and retracts his plea, not being willing to contend with our Sovereign Lord, the King. Protests his innocence and prays to be ad- mitted to a small fine. Whereupon it is adjudged by the court that he pay the sum of two shillings, six pence. October term. 1751.
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