History of Dauphin County, Pennsylvania, Part 34

Author: Kelker, Luther Reily, 1848-
Publication date: 1907
Publisher: New York, N.Y. ; Chicago, Ill. : The Lewis Publishing Company
Number of Pages: 516


USA > Pennsylvania > Dauphin County > History of Dauphin County, Pennsylvania > Part 34


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"When Mr. Fisher and Mr. Elder were pitted against each other in the trial of a case, it seemed to be as much a personal con- flict between them as professional zeal in behalf of their respective clients. Mr. Elder was frequently personally offensive; Mr. Fisher was without malice, but, like a trained boxer, stood up to the fight as long as his opponent carried on the personal contest. Mr. Elder was about six feet in height, and was large in proportion, though not fleshy. His countenance was without color, not pleasant, his person was remarkably straight and was impressive. In his young days he was exceedingly agile. I have heard that when he was studying law a raftsman from up the river made a banter to jump with any one in the town. Mr. Elder was called on at the of- fice of General Hanna, and was persuaded to engage in the contest. The river man in a running jump leaped nineteen feet, but Mr. Elder leaped four inches farther. He left the bar ten or more years before his death. He left a large real estate. He was a son of Parson Elder, of the Paxton and Derry churches.


"Mr. Fisher was not so tall as Mr. Elder, but heavier in person. He was the son of George Fisher, the founder of Middle- town. Both had superior constitutions and enjoyed excellent health


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till near the period of their respective deaths. Mr. Fisher died in February, 1853, aged eighty-seven, and Mr. Elder died in April, 1853, aged above eighty-six. They were born within six months of each other, and within six miles of each other, and in the same township in this county. Mr. Fisher was admitted to the bar in November, 1787; Mr. Elder was admitted in August, 1791.


"Mr. Elder was a very successful lawyer. When our district court was established in this county, Mr. Charles Smith being the judge, a considerable number of causes were set down for trial. Mr. Elder put down quite a number, and being one of the oldest practitioners, his cases were at the head of the list. He was concerned in nearly every case tried during the two weeks' court. About twenty verdicts were taken in that time, and Mr. Elder succeeded in obtaining verdicts, if not in all but one of the cases he tried, in all but one, two or three. Charles Smith was a superior lawyer, and as a judge very ready and decided.


"Neither Mr. Elder nor Mr. Fisher contributed to the im- provement of Harrisburg by the erection of any substantial building; the houses which they occupied had been built by others."


Concerning Governor Shunk, Mr. Harris writes in his bar reminiscences :


"Francis R. Shunk, afterwards Governor of the State, was admitted to this bar in September, 1816. He did not enjoy much practice in the profession here, his other avocations-as clerk of the House of Representatives and to the board of canal commissioners, etc .- occupying most of his time. He was a superior penman and an excellent reader. He was a social, kind-hearted man, a very cheerful, pleasant companion, fond of and abounding in anecdote, and not given to evil speaking of others. He was very popular in this place. He removed to Pittsburg, where he was somewhat engaged in professional avocations, and was residing there when elected as Governor. He was re-elected, but resigned in July, 1848, having discharged with characteristic probity the duties of the executive office.


"Mr. Shunk was very tall, being two or three inches over six feet in height. He was at the head-being the tallest-of the military company in which he marched as a private soldier to Bal- timore in 1814. His frame was large, but not fleshy. His appearance was rather ungainly, but his address was so frank and genial that the defects of his form were little considered by those in his company. He was nearly in extremis when he resigned, and he died a few hours afterwards."


A local writer-once a member of the bar-spoke many years ago of Judge Krause thus :


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"Judge David Krause was a member of this bar for fifteen or more years. He was a native of Lebanon county, and read law in the office of Judge Walker, who was United States judge, residing in Pittsburgh. Robert J. Walker, afterwards Senator and Secretary of the Treasury, was a student in the same office at the same time. Mr. Krause settled for a while at Lebanon, but about the year 1825 came to Harrisburg to act as private secretary to Governor Shulze. He afterwards purchased an interest in the Intelligencer, printed at Harrisburg, and was connected therein with General Cameron. He subsequently sold his interest in the paper, and was admitted to the bar of this place, commencing practice here about 1828 or 1829. He was a representative from this county in the House of Representa- tives for one term. In 1845 he was appointed by Governor Porter judge in the Norristown district and removed to Norristown, where he remained till his death. He was a fluent speaker and possessed of considerable ability both as a writer and speaker. He was of medium height, slight in form, dark hair, of a bright intelligent countenance, of agreeable manners, and of kind disposition. He died about a year ago, aged about seventy-three.


"Archibald Findlay read law in the office of Mr. Ellmaker, and was admitted to the bar in this county in December, 1820. He subsequently settled at Chambersburg, and died not many years afterwards. He had a fine intellect, and was possessed of refined literary taste. Had he lived he might have become distinguished. He was a son of Governor Findlay and a brother of Judge Findlay, of Philadelphia. He had a remarkably fine person, a highly intel- lectual countenance, and had bushy red hair. He and I started for college together. We read law in the same office, and were admit- ted to the bar at the same time.


"Samuel Shoch read law at the same time in the office of Mr. Ellmaker, and was admitted in March, 1820. He was a native of Harrisburg. He was a member of one of the military companies, viz., that of Captain Crane, which marched from this place to Balti- more in 1814, and which acquired credit without much glory in the expedition, as there was no enemy there to combat whilst they were in the service. In one of the other companies, viz., that of Cap- tain Walker, were Charles and R. Ferdinand Durang, the latter of whom adapted for 'The Star Spangled Banner,' which had just been written, the tune to which it is now sung. The two brothers, after it was sung in camp, sang it on the stage of the Holliday Street Theatre, in Baltimore. (See an account of it in Harper's Magazine of July, 1871.) C. and F. Durang had been members of a theat- rical company which had on several occasions visited Harrisburg, and to which belonged the celebrated comedian Blissett and the elder Jefferson, who was quite distinguished as a comic actor. Jefferson subsequently died in Harrisburg, and over his remains.


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.


a stone was put by the direction of Chief Justice Gibson and Judge Rogers."


Of James Buchanan the above writer expressed himself in the following language :


"I heard him frequently in our state legislature when he was a young man, and I then much admired him. His voice was agreeable, very clear, with a ringing sound, and loud; his enunciation was ex- ceedingly distinct ; he was fluent in speech, though deliberate, but not unpleasantly so; his manner usually animated, and his language unexceptional. I also heard him in the Senate at Washington, just previous to the inauguration of General Harrison. He spoke in opposition to an impracticable, absurd resolution, introduced by Mr. Crittenden, soon to be one of the new cabinet, prohibiting offi- cers of the general government from interfering in elections. An earnest discussion took place, the Senate being addressed by Mr. Crittenden, Mr. Clay, Mr. Mangum, Mr. Wright, Robert J. Walker, and perhaps by Mr. Calhoun, and in my estimation Mr. Buchanan was not surpassed by any one on that occasion. He was an agreeable speaker, and very able and impressive in debate; but he was considered to be timid and irresolute when required to assume responsibilities on occasions of extraordinary importance to himself or to the public interests. When secession was threatened or actually begun, had he possessed the resolution and intrepidity which, at such a crisis, should have been displayed by the head of the govern- ment, the South would not have been in doubt whether secession would have been met by mere protestation, acquiescence or entreaty, or fought to the bitter end. But Mr. Buchanan appears to have been fitted for action in quiet times, rather than the stormy scenes of politics or revolution.


"Mr. Buchanan was tall in person, his form large and well developed. His head, however, from some diseased condition, or from malformation in his neck, hung to one side. He dressed care- fully, and his appearance was gentlemanly and impressive."


It should here be stated that Mr. Buchanan graduated at Lancaster, and was admitted to the bar there in 1812, when Lan- caster embraced what is now Dauphin county.


The same writer speaks thus of James McCormick :


"James McCormick was known to most of the last generation at the bar. He was a superior lawyer, and from his unexcitable temperament might have been well fitted for the bench. When actively engaged in his profession he had a more extensive practice


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than any other of those who came into practice with him. His opinions on matters of law were generally reliable, and he was extensively called on for counsel after, from loss of sight, he ceased to be able to try causes in court. He was an effective speaker, and when he lost a cause it might generally be considered that he had the wrong side of it. He was of medium size, and of intellectual countenance. It would seem that after arriving at manhood he never enjoyed good health. He was sedentary in his habits, taking but little exercise either in walking or otherwise. He was rather unsocial in intercourse, but seemed to enjoy the company of his friends when in his office. His eyesight, perhaps owing to his seden- tary life, and perhaps excessive and incautious use of his eyes, became impaired, and he became blind. The affection, however, did not seem to affect his spirits, and in his office he seemed much as usual. Though sorely afflicted for many years, he bore his affliction, at least publicly, with little murmur or complaint. He died in January, 1870, aged sixty-nine."


The writer from whom we quote thus continues :


"There was another member of the bar who died many years ago who was considerably distinguished for his knowledge of law and for industry in his profession. This was John A. Fisher. He came to the bar in December, 1820, when his father, Mr. George Fisher, heretofore spoken of, was still in considerable practice, and thus was enabled the more readily to get into business. He was the most laborious lawyer I have known in the course of my practice here. He was generally ready for the trial of his causes when by reasonable diligence it could be effected. His usage in the trial of a cause was to endeavor to write down nearly all of the oral testi- mony delivered, not trusting to his memory for it. This contributed to lengthen trials in which he was engaged, and was often com- plained of by the court and the adverse counsel, but he was perti- nacious. When his turn came he gave the cause a thorough exami- nation. In the preparation of his paper-books for the supreme court he was elaborate, and it was not his fault if his side of the case was not understood. He pursued the profession for about forty years, and had an extensive and lucrative practice in this and Leba- non county. He was generally concerned in the few ejectment cases which depended on original title which were tried here after the older lawyers, who had large experience in that line, had died or had retired from the bar. These cases related to timber lands or mountain lands in the coal region, which had become an object of special attention. He also drafted the act of March, 1860, for the incorporation of the city of Harrisburg, which extensive act is evi- dence of his ability and is a specimen of his industry. He died in


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July, 1864, aged sixty-six. He was a large man, of remarkable vig- orous constitution, and of great strength and power of endurance."


Among the early cases which came before the court was one for "blasphemy," the first, and perhaps the only, case of trial and conviction for that crime under an old Provincial law. We present the account to show how our ancestors, who were just as tolerant as we, treated blasphemy with proper severity. The foundation of our government and our advancement in civilization rests upon the upholding of the revealed religion of the Christ of Nazareth, and if the law of God is of no avail, the civil law should stretch out its arms and check the headlong career of all blasphemers. We copy the account from the Oracle of September 17, 1799:


"At the Court of Oyer & Terminer, held in this town on the IIth ult., one tobacconist and fiddler, a man who has a wife and several young children, was convicted on an indictment for Blasphemy. In order to give the reader a more perfect idea of the magnitude of the crime, we extract from the indictment the follow- ing :


" 'The Grand Inquest for the body of the county of Dauphin upon their oaths and affirmations respectively do present, that tobacconist, not having the fear of God in his heart, but being moved and seduced by diabolical instigation, and contriving and intending Almighty God, and our Blessed Saviour Jesus Christ to blaspheme and dishonor, the first day of September, in the year of our Lord one thousand seven hundred and ninety-nine, at the county aforesaid; and within the jurisdiction of this Court, in the presence and hearing of divers liege subjects of the Commonwealth of Pennsylvania, well understanding the English and High Dutch languages, falsely, impiously and blasphemously did say, speak, and with a loud voice pronounce and publish in the High Dutch language, these false, impious and blasphemous words, to wit: 'Christ (our blessed Saviour Jesus Christ meaning) is a If Christ is the Son of God (meaning the Almighty God) then God hath . . .' to the great dishonor and contempt of Almighty God and our Saviour Jesus Christ- to the evil example of all others in like manner offend- ing, contrary to the laws, and the act of General Assembly of this State in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania, &c.'


"The prisoner being arraigned, plead not guilty, but afterwards retracted his plea and submitted to the Court. Whereupon the Court gave judgment that he pay a fine of £10, for the use of the poor of the county of Dauphin, suffer three months imprisonment in the jail of said county, and pay the costs of prosecution. The Court also directed that he be bound to keep the peace and be of good behavior


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to all the liege citizens of the United States for seven years, himself in 400 dls. and one surety in the like sum of 400 dls."


The earliest record of a punishment is the account of one in- flicted on William Courtenay and James Lachey, who were sentenced to receive eighteen lashes and pay fifteen shillings sterling, on the ISth of August, 1785, between the hours of four and six o'clock in the afternoon, and to stand in the pillory. This instrument of judi- cial vengeance stood about sixty yards below the grave of John Harris, the elder, or just above the ferry house, at the junction of Front and Paxtang streets.


The names of the jurymen were James Cowden ( foreman) . Robert Montgomery, John Gilchrist, Barefoot Brunson, John Clark, Roan McClure, John Carson, John Wilson, William Crain, Archi- bald McAllister, Richard Dixon, John Parthemore, James Crouch, Jacob Awl, William Brown, Andrew Stewart, James Rogers, Sam- uel Stewart, John Cooper, Alexander Berryhill.


THE MEDICAL PROFESSION.


In health we care little for physicians and their formulas or prescriptions, but there is almost certain to come a time in our earthly pilgrimage, when the organs of our body will refuse to do their office, a time when life's frail thread seems almost broken. At such a time we seek out the best skill in the medical fraternity. We want the "good doctor" to remain by our bedside. This strange feel- ing as we rest in suspense between life and death, is universal to the race; it applies to the red man who seeks out the "big medicine man," as well as to all various grades of society, even to the highest cultured classes. We do not fully prize health until stricken by illness and are confined in our sick chamber, and then we appreciate it and send for the physician.


While no profession is more susceptible to deception and quackery than that of medicine, yet the world has advanced rapidly in the art of healing and surgery. Every community now has honest, learned "Doctors of Medicine," who are an honor to their calling. Had it not been for them, many men now living would have been numbered among the dead.


During the last century Dauphin county has had its thousands of Galen's followers; some were unworthy the title of "Medical Doctor" and many have indeed been eminent and celebrated for their honor and skill. As a means of reviving in the memory of the reader and more thoroughly acquainting him with some of the


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early-day physicians of the county, their names and date of practice will here be given, as disclosed by various records :


At Middletown, Dr. Romer practiced prior to 1770; Dr. Charles Fisher, born in 1766, died in 1808, was a doctor of some note; Dr. James McCamman practiced there about 1800, and died in 1813; Dr. Abraham Price, Drs. McClelland, Brown, etc., prac- ticed there also. In 1883 the oldest physician there was Dr. Benja- min J. Wiestling, who had practiced forty years. Dr. Meyrick was there from 1795 to 1815, and Dr. Simonton read medicine with him. At Elizabethville the pioneer physician was Dr. John B. Stroup, who came there in 1853. At Jacksonville the first to practice medi- cine was Dr. McGuire. At Union Deposit was Dr. D. C. Keller, in 1848, and at Manadaville was Dr. Samuel Eby. At Hummelstown were Drs. Duncan King, 1826; William Henderson, 1814; Nice, 1814; J. B. Christ and H. B. Rupp. At Halifax was Dr. H. W. Bischoff. At Linglestown was Dr. W. C. Smith, 1850-60. In Lower Paxton township was Dr. Hautz. In Harrisburg were Drs. J. B. Esram, John Fager, Jr., J. N. Hetzel, J. Morgredy, Ed. L. Orth, Edmund W. Roberts, W. W. Rutherford, Luther Reily, J. C. Rey- nolds, Christian Seiler, Jr., Coburn Whitehead, Joshua M. Weist- ling, George Dock, James Feming, (born 1810), John W. Ham- mond (born 1804), James Henderson (born 1827), James Mc- Cammon, Levi Rutherford, William Simonton, James C. Verbeke (born 1785), David Umberger (born 1796), Robert Auchmuty (born 1785).


In recalling the good deeds of those old worthies, who sacri- ficed their lives for their profession, (for the early physician did not live to more than forty years) the first doctor of whom we have any record (and unfortunately his name has not been handed down to us) comes through a statement of John Harris, the founder of Harrisburg, who in October, 1755, volunteered to accompany a score of settlers in affording relief to the survivors of the massacre on Penn's creek. Thither they went, and upon their return, while crossing the river, unfortunately for the doctor and fortunately for the founder of Harisburg, the Indians having ambushed the party, the doctor was shot in the back, rolled from his horse and was drowned in the Susquehanna. "Fortunate," says Dr. Egle (whose language we are quoting now) "for the founder," for had the case been reversed there probably would have been no Harrisburg, or some other name might have been given to the capital city of Pennsylvania."


Coming down to the period of the Revolution, there were several patriotic physicians who served in the mighty struggle for


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independence. We can only refer to two, and they lost their lives in the cause. We refer to Dr. Robert Harris and Dr. Brice Innes.


Dr. Harris was born on the Swatara, a near relative of the Harris of Harris Ferry. He was considered as one of the brightest surgeons in the Patriotic army. He died of camp fever in Chester county, soon after the evacuation of Philadelphia by the British. Dr. Brice Innes was a native of Hanover, in this county, who was in the Pennsylvania line at Valley Forge, and died of camp fever, January, 1778.


When Harrisburg was laid out in 1785, with others who came in were Doctors Fenton and Hunt, and later, Dr. John Luther. The only record we have of the firm of Fenton and Hunt is the existence of a receipt which reads as follows :


"Rec'd, July 21, 1795, of David Scarlet the sum of Two Hundred Pounds in full of all acct's since the year One, when the Devil was a sucking baby, up to this day being after the celebra- tion of Independency. Longevity to Washington. God save the Congress.


£200.


FENTON & HUNT."


Dr. Fenton was a bachelor, a sporting man, with a fondness for old rye. He kept a race horse of pony make, called "Buckey," and what was as rare then as now, he ran him without a rider. Dr. Fenton died young. Dr. Hunt committed suicide, from what cause we know not. His remains rest beneath the pavement on Fourth street.


Dr. John Luther came to Harrisburg in 1785, and purchased the lot now occupied by the Harrisburg National Bank. It is said he somewhat resembled the great reformer, Martin Luther. He carried a snuff-box, and made frequent use of its contents. He wore a suit of black cloth knee-breeches, and buckles on his shoes, his hair in a queue, as was common in the early days in Harrisburg. He left four children-the three sons became physicians and have des- cendants in this section now.


Dr. Henry Hall came to Harrisburg in 1794. His ancestors were among the early settlers at the head of Elk, in Cecil county, Maryland. He kept an "Apothocary Shop," as many physicians did then. It was "on the bank," Front street. He was a successful prac- titioner, a man of strong personality and died young. He was the grandfather of Hon. Louis W. Hall, of Harrisburg.


Barbara Knatcher, or "Granny" Knatcher, familiarly called, was a woman held in high esteem as a midwife.


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In 1804 Dr. Samuel Agnew, a native of Adams county, came to Harrisburg. He had studied medicine with the celebrated Dr. McClellen, of Greencastle. He originated a plan for the distribu- tion of kine-pox by lottery, which proved successful. He served in the war of 1812-14, as a surgeon. He remained in Harrisburg for thirty years, then moved to Western Pennsylvania.


One of the best surgeons of the early period was Dr. Alexander T. Dean, who died in 1834. In many ways he was a remarkable man.


There were two doctors named Simonton. The elder came to this locality during the Revolution and practiced twenty-five years in West Hanover township. It is believed that he was in the General Hospital at Philadelphia, in the Revolution, from 1778 to 1779. His son, named for him, studied with Dr. Meyrick, of Middletown. He was finally elected to congress, serving with dis- tinction in that body. One of his sons was Judge John W. Simonton.


Dr. Joseph Kelso, born in 1773, in Paxtang, studied with the first Dr. Simonton, and began his practice at Harrisburg, where he died, 1817.


Dr. Charles Fisher was the son of the founder of Middletown, where he practiced medicine and died in 1808, aged forty-two years.


Dr. Luther Reily studied medicine with Dr. Martin Luther, and located at Harrisburg about the beginning of the War of 1812- 14, in which he served as a medical officer. He was popular in polit- ical affairs, and was a member of the twenty-fifth congress. He preferred his profession, and declined further honor, devoting the remainder of his days to that calling, in which he was eminently suc- cessful, and over which he threw such a bright lustre. He was affable and sympathetic, and none in his profession was more popular. During his later years he associated with him his brother-in-law, Dr. Edward L. Orth, who studied under him. Dr. Orth's son, Dr. Henry L. Orth, is now connected with the State Lunatic Asylum. Dr. Reily's son, George Wolf Reily, became distinguished as a prac- titioner of medicine.


In October, 1783, Dr. Samuel Christopher Wiestling, a native of Lower Saxony, came to America. He had served as a surgeon in the navy of Holland. Coming here, he located along the Blue Mountains, where he practiced until I811. when he removed to Harrisburg. He died of paralysis in 1823. Three of his sons entered the medical profession-Samuel C., Joshua M. and Benja- min J. The two former located at Harrisburg, where they were known as skillful, broad-minded physicians. The latter located at Middletown.




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