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 37

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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 37
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 37

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In 1817 he was appointed by Gov. Snyder to the bench of the supreme court, in place of Judge Yeates, deceased. He shortly after removed to Phila- delphia where he resided until his death, which occurred on the 16th of November, 1827.

During the ten years he sat upon the bench, associated with Tilghman and Gibson, he contributed largely to our stock of judicial opinions, and the re- ports contain abundant memorials of his industry and learning. These opin- ions begin with the third volume of "Sergeant & Rawle," and end with the seventeenth volume of the same series.

For years preceding the beginning of the present century and under five of the judges after the adoption of the first constitution, namely: Smith, Rid- dle, Henry, Hamilton and Charles Smith, Thomas Duncan practiced at our bar. As a lawyer he was distinguished by acuteness of discernment, prompt- ness of decision, an accurate knowledge of character and a ready recourse to the rich stores of his own mind and memory. He was an excellent land and criminal lawyer, "although," says one, "I think it could be shown by citations from his opinions that his taste inclined more strongly to special pleading than to real estate, and that his accuracy in that department was greater than in the law of property."i

*In Dr. Nevin's "Men of Mark" it is stated that he was educated at Dickinson College, which is evidently an error, as that institution was not founded until two years later.

+Porter, in speaking of Duncan, in his essay on Gibson.

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He was enthusiastically devoted to his profession, " His habits of investi- gation," says Porter, in speaking of him as a judge, "were patient und sys tematic; his powers of discrimination cultivated by study and by intercourse with the acutest minds of his day; his style, both in speaking and writing, easy, natural, graceful and clear, and his acquirements quite equal to those of his predecessors on the bench."

In appearance Mr. Duncan was about five feet six inches high, of small, delicate frame, rather reserved in manners, had rather a shrill voice, wore pow- der in his hair, knee breeches and buckles, and was neat in dress.

Upon a small, unobtrusive-looking monument in the old grave-yard in Car- lisle, is the following inscription :

"Near this spot is deposited all that was mortal of Thomas Duncan, Esq., LL. D .; born at Carlisle, 20th of November, 1760; died 16th of November, 1827. Called to the bar at an early age, he was rapidly borne by genius, per- severance and integrity to the pinnacle of his profession, and in the fulness of his fame was elevated to the bench of the supreme court of his native State, for which a sound judgment, boundless stores of legal science, and a profound reverence for the common law, had peculiarly fitted him. Of his judicial labors the reported cases of the period are the best eulogy. As a husband, indulgent; as a father, kind; as a friend, sincere; as a magistrate, incorruptible, and as a citizen, inestimable, he was honored by the wise and good, and wept by a large circle of relatives and friends. Honestu quam splendida." A panegyrie which leaves nothing to be said.

Stephen Chambers, who appears upon the records of the court occasionally about 1783, although re-admitted later, was from Lancaster, and was a broth- er-in law of John Joseph Henry, who was afterward appointed president judge of our judicial district in 1800.

James Armstrong Wilson, whose name appears occasionally after the Revo- lution as a practitioner at our bar. was the son of Thomas Wilson, who resided near Carlisle, and whom we have mentioned as a provincial justice. He was educated at Princeton, where he graduated about 1771. He studied law with Richard Stockton, and was admitted to the bar at Easton. He was a major in the Revolution. The earliest mention of his name in the records of our court is about 1779.

John Clark, who was from York, Penn., appears occasionally as a practitioner about 1784. He was a major in the Revolution, of large frame, fine personal appearance, witty, so that his society was much courted by many of the lawyers who rode the circuit with him in those days.

Ross Thompson, who had practiced in other courts, was admitted to our bar. in 1784. He lived some time in Chambersburg, but removed to Carlisle, where he died at an early age.

John Wilkes Kittera, admitted in 1783, was from Philadelphia, but settled in Lancaster. He was admitted to the first term of court two years later, May, 1755, in Dauphin County.

Gen. John Andrew Hanna (1785), settled in Harrisburg at about the time of the organization of Dauphin County. He is noticed favorably in the narra- tive of the Duke de Rochefoucault, who visited the State capital in 1795. He says that Gen. Hanna was then "about thirty-six or thirty-eight years of age, and was brigadier-general of militia." He was a brother-in-law of Robert Harris, the father of George W. Harris, the compiler of the Pennsylvania Reports, and was an exeentor of the will of John Harris, the founder of Har- risburg. He was elected to Congress from his district in 1797, and served till 1805, in which year he died.

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Ralph Bowie, from York, was admitted to our bar at October term, 1785, and practiced considerably in our courts from 1798 till after 1800. He was a Scotchman by birth and had probably been admitted to the bar in his native country. He was a well-read lawyer and much sought after in important cases of ejectment. He was of fine personal appearance, courtly and dignified in manner, and, neat and particular in dress. He powdered his hair, wore short clothes in the fashion of the day, and had social qualities of the most attractive character.

Of James Riddle, Charles Smith, John Joseph Henry and Thomas Smith, all of whom became judges, we will speak later.

Thomas Creigh, who was admitted in 1790, was the son of Hon. John Creigh, who emigrated from Ireland and settled in Carlisle in 1761. John Creigh was an early justice, and one of the nine representatives who signed the first Declaration, June 24, 1776, for the colony of Pennsylvania. Thomas Creigh was born in Carlisle August 16, 1769. He graduated in the second class which left Dickinson College in 1788. He probably studied law under Thomas Duncan, upon whose motion he was admitted. He died in Car- lisle October, 1809. One sister, Isabel, married Samuel Alexander, Esq., of Carlisle ; Mary married Hon. John Kennedy, of the Supreme Court of Penn- sylvania, and Elizabeth, Samuel Duncan, Esq., of Carlisle.

David Watts (1790), a son of Frederick Watts, who was a member of the early Provincial Council, was born in Cumberland County October 29, 1764. He graduated in the first class which left the then unpretentious halls of Dickinson College in 1787. He afterward read law in Philadelphia under the eminent jurist and advocate, William Lewis, LL.D., and was admitted to our bar in October, 1790. He soon acquired an immense practice, and became the acknowledged rival of Thomas Duncan, who had been for years the recog- nized leader on this circuit. He died September 25, 1819.

We have now given a brief sketch of our bar, from the earliest times down to the adoption of the constitution of 1790, when, in the following year, Thomas Smith, the first president judge of our judicial district, appears upon the bench.

III CONSTITUTIONAL PERIOD.

From the adoption of this first constitution until the present, the judges who have presided over our courts are as follows:

JUDGES.

Thomas Smith, 1791; James Riddle, 1794; John Joseph Henry, 1800; James Hamilton, 1S06; Charles Smith, 1819; John Reed. 1820; Samuel Hep- burn, 1838; Frederick Watts, 1848; James H. Graham, 1851; Benjamin F. Junkin, 1871; Martin C. Herman, 1875; Wilbur F. Sadler, 1885.

Hon. Thomas Smith first appeared upon the bench in the October term. 1791. He resided at Carlisle. He had been a deputy surveyor under the government in early life, and thus became well acquainted with the land sys- tem in Pennsylvania, then in process of formation. He was accounted a good common law lawyer and did a considerable business. He was commissioned president judge by Gov. Mifflin on the 20th of August, 1791. He con- tinned in that position until his appointment as an associate judge of the su- preme court, on the 31st of January, 1794. He was a small man, rather re- served in his manner, and of not very social proclivities. He died at an ad- vanced age in the year 1809.

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HISTORY OF CUMBERLAND COUNTY.

Owing to the necessity of being resworn. according to the provisions of the new constitution, the following attorneys " having taken the oath prescribed by law." were readmitted at this term of court: James Riddle, Andrew Dunlap, of Franklin: Thomas Hartley, of York: David Watts. Thomas Nesbitt, Ralph Bowie. Thomas Duncan, Thomas Creigh, Robert Duncan, James Hamilton and others.

Hon. James Riddle first appears upon the bench at the April term, 1794. He was born in Adams County, graduated with distinction at Princeton Col- lege, and subsequently read law ut York. He was about thirty years of age when he was admitted to the bar. He had a large practice until his appoint . ment as president judge of this judicial district, by Gov. Mifflin, in February, 170 -. His legal abilities were very respectable, though he was not considered a great lawyer. He was well read in science, literature and the law: was a good advocate and very successful with the jury. He was a tall man, broad shouldered and lusty, with a noble face and profile and pleasing manner. Some time in 1504 he resigned his position of judge, because of the strong partisan feeling existing against him-he being an ardent Federalist-and re- turned to the practice of the law. He died in Chambersburg about 1837.

Hon. John Joseph Henry, of Lancaster, was born about the year 1758. He was the third president judge of our judicial district and the predecessor of Judge Hamilton. He was appointed in 1800. He had previously been the first president judge of Dauphin County in 1793. In 1775 young Henry, then a lad of about seventeen or eighteen years of age, entered the Revolutionary Army and joined the expedition against Quebec. He was in the company un- der Capt. Matthew Smith, of Lancaster. The whole command. amounting to about 1.000 men, was under the command of Gen. Benedict Arnold. Young Henry fought at the battle of Quebec and was taken prisoner. He subse- quently published an account of the expedition. Judge Henry was a large man, probably over six feet in height. He died in Lancaster in 1810.

THE BAR IN 1800.

And now we have arrived at the dawn of a new century. Judge Henry was upon the bench. Watts and Duncan were unquestionably the leading lawyers. They were engaged in probably more than one-half the cases which were tried, and always on opposite sides. Hamilton came next, six years later, to be upon the bench. There also were Charles Smith, who was to succeed Hamilton; Bowie, of York, and Shippen, of Lancaster, with their queues and Continental dress, and the Duncan brothers. James and Samuel, and Thomas Creigh. all of them engaged in active practice at our bar at the beginning of the century. At this time the lawyers still traveled upon the circuit, and cir- cuit courts were held also as will be seen by the following entry: "Circuit Court held at Carlisle for the County of Cumberland this 4th day of May, 1801. before the Hon. Jasper Yeates, and Hon. Hugh Henry Brackenridge, jus- tices of the Supreme Court."

Among the prominent attorneys admitted to the bar during the time Judge Henry was upon the bench, were John Bannister Gibson, afterward chief jus- tice of Pennsylvania, George Metzgar and Andrew Carothers. Gibson was admitted in March, 1503.

On the motion of Thomas Duncan, Esq., and the usual certificates filed stating that Alexander P. Lyon. John B. M. S. Gibson and James Carothers had studied law under his direction for the space of two years after they had respectively arrived at the age of twenty-one. Com. Ralph Bowie. Charles Smith and William Brown.

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HISTORY OF CUMBERLAND COUNTY.

George Metzgar was born in 1782, and graduated at Dickinson College in 1798. He studied law with David Watts after he had arrived at the age of twenty - one, and was admitted in March, 1805. Afterward he served as prosecuting attorney, and was a member of the Legislature in 1813-14, and held a respect- able position at the bar. He died in Carlisle June 10, 1879. He was the founder of the Metzgar Female Institute in Carlisle.

Andrew Carothers was born in Silver Spring, Cumberland County, about 1778. He learned the trade of a cabinet-maker, but when about nine- teen years of age his father's family was poisoned, and Andrew, who sur- vived, was crippled by its effects in his hands and limbs to such an extent that he was incapacitated for the trade which he had chosen. He had received but the education of the country school, and it was not until he had become unfitted for an occupation which required bodily labor, that he turned his at- tention to the law. He entered the office of David Watts, in Carlisle, and after three years' study, was admitted to the bar December, 1805. In the language of Judge Watts "He became an excellent practical and learned lawyer, and very soon took a high place at the bar of Cumberland County, which at that time ranked amongst its numbers some of the best lawyers of the State, Watts, Duncan, Alexander and Mahan were at different times his competitors, and amongst these he acquired a large and lucrative practice, which continued through his whole life. Mr. Carothers was remarkable for his amiability of temper, his purity of character, his unlimited disposition of charity and his love of justice."

On all public occasions and in courts of justice his addresses were delivered, by reason of his bodily infirmity, in a sitting posture. He was active in pro- moting the general interests of the community, and was for years one of the trustees of Dickinson College. He died July 26, 1836, aged fifty-eight years.

THE BAR UNDER HAMILTON.

Of James Hamilton, who appears upon the bench in 1806, we have before spoken. Watts and Duncan were still leaders of the bar under Judge Hamilton. Mr. Watts came to the bar some years later than Thomas Duncan, but both were admitted and the latter had practiced under the judges prior to the con- stitution; but from that time, 1790, both practiced, generally as opponents, and were leaders at the bar under the first five judges who presided after the constitution, until the appointment of Duncan to the supreme bench in 1817. David Watts died two years later.

Judge Hamilton was a student, but lacked self-confidence, and was more inclined, it is said, to take what he was told ruled the case than to trust to his own judgment, and there is a legend to the effect that a certain act, which can be found in the pamphlet laws of Pennsylvania, 1810, p. 136, forbidding the reading of English precedents subsequent to 1776, was passed at his instance to get rid of the multitudinous authorities with which Mr. Duncan was wont to confuse his judgment.

Mr. Watts was an impassioned, forcible and fluent speaker. He was a strong, powerful man. Mr. Duncan was a small and delicate looking man. The voice of Mr. Watts was strong and rather rough, that of Mr. Duncan was weak and sometimes shrill in pleading. In Mr. Brackenridge's "Recollec- tions," he speaks of attending the courts in Carlisle, in about 1807, where there were two very able lawyers, Messrs. Watts and Duncan. "The former," says he, " was possessed of a powerful mind and was the most vehement speaker I ever heard. He seized his subject with a herculean grasp, at the same time throwing his herculean body and limbs into attitudes which would have de-

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lighted a painter or a sculptor. He was a singular instance of the union of great strength of mind with bodily powers equally wonderful.

" Mr. Duncan was one of the best lawyers and advocates I have ever seen at n bar, and he was, perhaps, the best judge that ever sat on the supreme bench of the State. He was a very small man, with a large but well-formed heud. There never was a lover more devoted to his mistress than Mr. Duncan was to the study of law. He perused Coke upon Littleton as a recreation, and read more books of reports than a young lady reads new novels. His oduca- I tion had not been very good, and his general reading was not remarkable. was informed that he read frequently the plays of Shakespeare, and from that source derived that uncommon richness and variety of dietion by which he was enabled to embellish the most abstruse subjects, although his language was occasionally marked by inacuracies, even violation of common grammar rules. Mr. Duncan reasoned with admirable clearness and method on all legal sub- jects, and at the same time displayed great knowledge of human nature in ex- amination of witnesses and in his addresses to the jury. Mr. Watts selected merely the strong points of his case, and labored. them with an earnestness and zeal approaching to fury; and perhaps his forcible manner sometimes produced a more certain effect than that of the subtle and wiley advocate opposed to him."

Among the attorneys admitted under Hamilton was Isaac Brown Parker, March. 1506, on motion of Charles Smith, Esq. Mr. Parker had read law un- der James Hamilton, just previous to the time of his appointment to the bench. His committee was Ralph Bowie, Charles Smith and James Duncan, Esqrs. , Alexander Mahan, graduated at Dickinson College in 1805; August, 1808, road under Thomas Duncan; committee David Watts, John B. Gibson and Andrew Carothers, Esqrs. ... William Ramsey same date, instructor and committee.

In 1509 William Ramsey, Democrat, ran for sheriff of Cumberland County. The opposing candidate was John Carothers, Federalist. At this time, under the old constitution the governor appointed one of the two having the highest number of votes. Ramsey had the highest number of votes but Carothers was appointed. Gov. Snyder afterward appointed William Ram- sey prothonotary, which office he held for many years. He had great influence in the Democratic party. About 1817 he began to practice his profession and acquired a very large practice. He died in 1831.

James Hamilton, Jr., was the son of Judge Hamilton. He was born in Carlisle, October 16, 1793. He graduated at Dickinson College in 1812. He read law with Isaac B. Parker, who was an uncle by marriage, and was ad- mitted to the bar while his father was upon the bench in April, 1816. He was, from 1524 to 1533, a trustee of Dickinson College. For several years Mr. Hamilton followed his profession, but being in affluent circumstances he gradually retired from active practice. He died in Carlisle June 23, 1873.

John Williamson, was for many years a member of our bar. He was the brother-in-law of Hon. Samuel Hepburn, with whom he was for a long time associated. He was born in Mifflin Township, Cumberland County, Sep- tember 14. 1759, and graduated at Dickinson College, Carlisle, in 1809. He was admitted to our bar at the August term, 1811. He previously read law with Luther Martin, of Baltimore, Md., who was one of the counsel for Aaron Burr. in his trial for high treason, at Richmond, Va. Luther Martin, the " Fed- eral Bull-dog." as he was called, was a character altogether sui generis, with an unlimited capacity both for legal lore and liquor. In the former respect only his pupil somewhat (although in a less degree) resembled his preceptor. Mr. Williamson seems to have been exceedingly well versed in law, with an intimate

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knowledge of all the cases and distinctions, but the very depth or extensiveness of his learning seemed at times to confuse his judgment. He saw the case in every possible aspect in which it could be presented; but then which particular phase should, in the wise dispensation of an all-ruling Providence, happen to be the law, as afterward determined by the court, was a question often too difficult to decide. His aid as a counselor was valuable, and as such he was frequently employed. He died in Philadelphia, September 10, 1870.

John Duncan Mahan was admitted under Hamilton in April, 1817. He was born November 5, 1796; graduated at Dickinson College in 1814, and im- mediately began the study of law under the instruction of his uncle, Thomas Duncan. He became a leader of the bar of Carlisle at a brilliant period, un- til in 1833, when he removed to Pittsburgh and became a prominent member of the bar of that city, where he resided until his death July 3, 1861. When Mr. Mahan was admitted to the bar Watts and Duncan were at the zenith of their fame, and were retained in all great cases within the circuit of their prac- tice. But this was near the end of their career, as competitors, for at that very time Duncan was appointed to the supreme bench, which he adorned during his life, and Watts died two years later. Judge Duncan transferred his whole practice to his then young student and nephew, John D. Mahan and his eminent success justified his preceptor's confidence. His first step was into the front rank of the profession.

Mr. Mahan was a man of rare endowments. What many learned by study and painful investigation he seemed to grasp intuitively. He had the gift, the power and the grace of the orator, and in addressing the passions, the sympa- thies, or the peculiarities of men he seldom made mistakes. "His every ges- ture," it has been said of him, " was graceful, his style of eloquence was the proper word in the proper place for the occasion, and his voice was music." He was affable in temper, brilliant in conversation and was among the leaders of our bar, under Hamilton, Smith and Reed, at a time when it had strong men, by whom his strength was tested and his talents tried.

A writer speaking from his recollections of the bar at about this period, says: "John D. Mahan was its bright, particular star; young, graceful, elo- quent, and with a jury irresistible. Equal to him in general ability, and su- perior, perhaps, in legal acumen, was his contemporary and rival, Samuel Alexander. Then there was the vehement Andrew Carothers and young Fred- erick Watts, just admitted in time to reap the advantages of his father's repu- tation and create an enduring one of his own. And George Metzgar, with his treble voice and hand on his side, amusing the court and spectators with his not overly delicate facetice. And there was "Billy Ramsey with his queue," a man of many clients, and the sine qua non of the Democratic party.

Hon. Charles Smith was appointed to succeed Hamilton as the fifth presi- dent judge of our judicial district, in the year 1819. Mr. Charles Smith was born at Philadelphia, March 4, 1765. He received his degree B. A. at the first commencement of Washington College, Charleston, Md., March 14, 1783. His father, William Smith, D. D., was the founder, and at that time the provost of that institution. Charles Smith commenced the study of the law with his elder brother, William Moore Smith, who then resided at Easton, Penn. After his admission to the bar he opened his office in Sunbury, North- umberland County, where his industry and rising talents soon procured for him a large practice. He was elected delegate, with his colleague, Simon Snyder, to the convention which framed the first constitution for the State of Pennsylvania, and was looked on as a very distinguished member of that tal- ented body of men. Although differing in the politics of that day from his

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colleague, yet Mr. Snyder for more than thirty years afterward remained the firm friend of Mr. Smith, and when the former became the governor of the State for three successive terms it is well known that Mr. Smith was his con- fidential adviser in many important matters. Mr. Smith was married in 1719 to a daughter of Jusper Ycates, one of the supreme court judges of the State, and soon removed from Sunbury to Lancaster, where Judge Yeates resided. Under the old circuit court system it was customary for most of the dis- tingnished country lawyers to travel over the northern and western parts of the State with the judges, and hence Mr. Smith, in pursuing this practice, soon became associated with such eminent men as Thomas Duncan, David Watts, Charles Hall, John Woods, James Hamilton, and a host of luminaries of the middle bar. £ The settlement of land titles, at that period, became of vast importance to the people of the State, and the foundation of the law with regard to settlement rights, the rights of warrantees, the doctrine of surveys, and the proper construction of lines and corners, had to be laid. In the trial of ejectment cases the learning of the bar was best displayed, and Mr. Smith was soon looked on as an eminent land lawyer. In after years, when called on to revise the old publications of the laws of the State, and under the au- thority of the Legislature to frame a new compilation of the same (generally known as Smith's Laws of Pennsylvania) he gave to the public the result of his knowledge and experience on the subject of land law, in the very copious note on that subject, which may well be termed a treatise on the land laws of Pennsylvania. In the same work his note on the criminal law of the State is elaborate and instructive. Mr. Smith was, in 1819, appointed president judge of the district, comprising the counties of Cumberland and Franklin, where his official learning and judgment, and his habitual industry, rendered him a useful and highly popular judge.

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Author: Publication date: Publisher: W. Taylor Number of Pages: 1280

Author:
Publication date:
Publisher: W. Taylor
Number of Pages: 1280