USA > Pennsylvania > Erie County > History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc > Part 41
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The County Courts were held by the President Judge, aided by two Asso- ciate Judges-usually farmers of good standing-until May, 1839, when a District Court was created to dispose of the accumulated business in Erie, Crawford, Venango and Mercer Counties. Hon. James Thompson, of Venango, was appointed to the District Judgeship, and filled the position until May, 1845. The term originally was for five years, but was extended one year by request of the bar. Previous to 1851, both the President Judges and Associate Judges were appointed by the Governor. The first election by the people was in October, 1851, when Hon. John Galbraith was chosen President Judge, and Hon. Joseph M. Sterrett and Hon. James Miles, Associates. The office of Additional Law Judge was created in 1856, Hon. David Derrickson, of Craw- ford County, being its first incumbent, and expired by the operation of the constitution on the 17th of April, 1874. The Associate Judges were abolished on November 17, 1876, and since that date the entire duties of the court have
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HISTORY OF ERIE COUNTY.
been performed by the President, Judge. All Law Judges in the State are elected for ten years.
The constitution of 1873, or the "new constitution," as it is usually called, allowed the President Judge of each district, where there was an Additional Law Judge, to elect to which of the districts into which his original jurisdic- tion had been divided he might be assigned. Under this provision, Judge Wetmore selected the Thirty-seventh District, consisting of Warren and Elk Counties, and Judge Vincent, Additional Law Judge for the district, became President Judge of Erie County, which had been created a district by itself.
The following is a list of the President, Special and Additional Law Judges, with the dates of their commissions:
President Judges .- Alexander Addison, Pittsburgh, August 17, 1791. David Clark, Allegheny County, March 3, 1800.
Jesse Moore, Crawford County, April 5, 1803.
Henry Shippen, Huntingdon County, January 24, 1825.
Nathaniel B. Eldred, Wayne County, March 23, 1839.
Gaylord Church, Crawford County, April 3, 1843.
John Galbraith, Erie County, November 6, 1851.
Rasselas Brown, Warren County, June 29, 1860.
Samuel P. Johnson, Warren County, December 3, 1860.
Lansing D. Wetmore, Warren County, first Monday in January, 1870.
John P. Vincent, Erie County, April 17, 1874.
William A. Galbraith, Erie County, first Monday in January, 1877.
Additional Law Judges-David Derrickson, Crawford County, first Monday in December, 1856.
John P. Vincent, Erie County, first Monday in December, 1866.
District Judge-James Thompson, Venango County, May 18, 1839.
Three President Judges have died in office, viz .: Hon. Jesse Moore, at Meadville, on the 21st of December, 1824, Hon, Henry Shippen at Meadville in 1839, and Hon. John Galbraith at Erie, on the 15th of June, 1860. The law at the time of Judge Galbraith's decease provided that the Governor should supply the vacancy till the ensuing election, and Hon. Rasselas Brown, of Warren, was accordingly appointed to succeed him, and served till December of the same year. One Judge for the district-Hon. Alexander Addison-was impeached and removed from his office.
One President Judge-Nathaniel B. Eldred-resigned in 1843 to take the place of Naval Appraiser at Philadelphia. He was afterward appointed Judge of the Dauphin District.
Two of the Judges were promoted to seats on the Supreme Bench of the State. James Thompson was elected one of the Justices of the Supreme Court in 1856, and held the position until 1872, the full term of fifteen years, the last five of which he presided as Chief Justice. Gaylord Church was ap- pointed a Supreme Judge in 1858, to fill a vacancy caused by the resignation of one of the members of the court. He retained the place for a brief period only.
The residences of the Judges have been as follows: Judges Addison and Clark at Pittsburgh; Judges Moore, Shippen, Church and Derrickson at Mead- ville; Judges Eldred, Brown, Johnson and Wetmore at Warren; Judges John Galbraith, William A. Galbraith and Vincent at Erie. Judge Thompson came from Franklin in 1842, and made Erie his home until a short time after hie election as Supreme Judge, when he removed to Philadelphia.
The following are living: Judges Brown, Derrickson, Johnson, Wetmore, Vincent and William A. Galbraith.
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HISTORY OF ERIE COUNTY.
Judges Addison, Clark, Moore, Shippen, Eldred, Thompson, Church and John Galbraith were Democrats, as are also Judges Rasselas Brown and William A. Galbraith. Judges Derrickson, Johnson, Wetmore and Vincent are Republicans. Hon. William A. Galbraith, our present Judge, is the only son of Hon. John Galbraith, the first President Judge elected by the people. Judge Gaylord Church was the father of Hon. Pearson Church, now President Judge of Crawford County, who was elected at the same time as Judge Will- iam A. Galbraith. The following shows the competing candidates for Presi- dent and Additional Law Judges since the offices have been elective:
1851-President Judge, John Galbraith, Democrat; Elijah Babbitt, Whig.
1856-Additional Law Judge, David Derrickson, Republican; Rasselas Brown, Democrat.
1860-President Judge, Samuel P. Johnson, Republican; Rasselas Brown, Democrat.
1866 -- Additional Law Judge, John P. Vincent, Republican; Benjamin Grant, Democrat.
1870-President Judge, Lansing D. Wetmore, Republican; Samuel E. Woodruff, Independent Republican; Rasselas Brown, Democrat.
1876-President Judge-William A. Galbraith, Independent Democrat; William Benson, Republican.
The judicial districts since the organization of the county have been as follows:
1800-All of the State west of the Allegheny River.
1803 -- Erie, Crawford, Mercer, Venango, Warren and Beaver.
1825-Erie, Crawford, Mercer and Venango.
1851-Erie, Crawford and Warren.
1860-Erie, Crawford, Warren and Elk.
1870-Erie, Warren and Elk.
1874-Erie alone.
It is worthy of note that the district has been designated the Sixth almost or entirely from the day the county was organized.
The regular terms of the courts were fixed May 31, 1882, as follows:
Quarter Sessions-First Monday in February, first Monday in May, first Monday in September, second Monday in November.
Civil List-Second and third Mondays in January, third Monday in Feb- ruary, second and third Mondays in March, second and third Mondays in April, third Monday in May, first and second Mondays in October, third Mon- day in January.
Argument List-Last Mondays in June and September, third Monday in November, second Monday in February and fourth Monday in April.
To the above are added each year special civil lists of from six to eight weeks, extending usually through the months of March, April, May and June.
Judge Galbraith's salary is $4,000 a year, which is a little more than one-half of what the Judges are paid in Philadelphia, who do scarcely two-thirds as much work.
Erie County is attached to the Eastern District of the Supreme Court, which holds its sessions at Philadelphia. The hearing of cases from Erie County commences on the first Monday of February in each year.
The most celebrated trials that have been held in the county were the suits of John Grubb rs. Hamlin Russell, in 1827, occupying some six days; the Girard suit for 10,000 acres of land, which took up about a week in June, 1854: the Hunter will case, from LeBoeuf Township, which lasted nearly eight
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HISTORY OF ERIE COUNTY.
days on the first trial in January 1880, and was compromised on the third day of the second trial in April, 1880; and the case of McFarland vs. Lovett, for malpractice, which commenced Monday, March 21, 1881, and ended Saturday, April 2, being the longest ever tried in the county.
Although a number of persons have been tried for murder in the county, the death penalty has only been enforced against a single individual. Henry Francisco was sentenced by Judge Shippen on November 11, 1837, and hung by Sheriff Andrew Scott on March 9, 1838, within the yard of the jail, which then occupied the site of the present court house.
UNITED STATES COURTS.
By an act of Congress passed in 1866, Erie was named as one of the places for the sittings of the United States District and Circuit Courts for the Western District of Pennsylvania. Previous to 1870, the Circuit Courts were held by a Judge of the United States Supreme Court or by the District Judge, or by both sitting together The duties of holding the Circuit Courts having become too onerous for the Supreme Judges, an act was passed in 1869 to re- lieve them by providing Circuit Judges. Cases are appealed from the District to the Circuit Court, and from the latter to the Supreme Court of the United States. The District Judge can hold a Circuit Court, but a Circuit Judge cannot hold the District Court. The Supreme Judges may, if they choose, sit with the Circuit Judge or hold court alone. The only time one of the Supreme Judges of the United States has been present in Erie was when Judge Strong was here in July, 1875.
The first session of the District Court was held in this city in January, 1867, and of the Circuit Court in July, 1868, Judge Wilson McCandless pre- siding. Both courts were regularly held by him until Hon. William McKen- nan, of Washington County, was sworn in as Circuit Judge at the January term of 1870. Judge McCandless continued to serve until July 24, 1876, when he was honorably retired on account of advanced years, and was succeeded as District Judge by Hon. Winthrop W. Ketchum, Luzerne County. Judges McKennan and Ketchum were both sworn in and began their official duties at Erie. The latter died early in 1880, and Hon. M. W. Acheson, of Washing- ton County, was appointed his successor. Judge Acheson was present for the first time in Erie at the July term of 1880. Judge McCandless died at Pitts-
burgh in 1880.
The regular terms of both courts at Erie commence on the second Monday of January, and the third Monday of July. The January term was held at Erie every year until 1875, since when, for some reason, it has been omitted. The county receives $150 from the United States for the use of the court house at the July term.
The other officers of the court since their sessions began in Erie have been as follows. The terms show when they first appeared in their official capaci- ties in this city:
Marshals .- July term, 1867-Samuel McKelvey, Allegheny County.
January term, 1868-Thomas A. Rowley, Allegheny County.
July term, 1869-Alexander Murdoch, Washington County.
January term, 1873-John Hall, Washington County.
July term, 1882-J. S. Rutan, Beaver County.
Col. Hall had been Deputy Marshal for several years before his appointment as Marshal.
District Attorneys .- July term, 1867-R. B. Carnahan, Allegheny County. July term, 1870-H. Bucher Swoope, Clearfield County.
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HISTORY OF ERIE COUNTY.
July term, 1874-David Reed, Allegheny County.
July term, 1875-H. H. McCormick, Allegheny County.
July term, 1880-William A. Stone, Allegheny County.
Clerks-District Court .- Whole term-S. C. McCandless, Allegheny County.
Circuit Court. - July term, 1868-Henry Sproul, Allegheny County.
July term, 1870-H. D. Gamble, Allegheny County.
Deputy Clerks at Erie-District Court .- July term, 1867-George W. Gun- nison, Erie.
July term, 1869-George A. Allen, Erie.
July term, 1873-F. W. Grant, Erie.
Circuit Court. - July term, 1868-George W. Gunnison, Erie.
July term, 1869-George A. Allen, Erie.
July term, 1871-A. B. Force, Erie.
July term, 1876-F. W. Grant, Erie.
Of the above officials, Judge McCandless, Clerk McCandless, and Deputy Clerks Gunnison, Allen and Grant, Democrats; all the rest are Republicans. The Judges, Marshals and District Attorneys are appointed by the President; the Clerks by their respective courts.
Under the old system, the selection of jurors for the United States Courts was wholly in the hands of the Marshal, who summoned any person he pleased. In 1879, Congress passed an act taking the naming of the jurors away from the Marshal, making the Clerk of each court a Jury Commissioner for his own court, and requiring him to appoint another Jury Commissioner of opposite politics, thus securing representation on the juries from both of the leading parties. Hon. William McClelland is the Democratic Commissioner appointed by Clerk Gamble. The Commissioners make up lists of names from all parts of the district, which are deposited iu a wheel and drawn out the same as by the State system.
THE BAR.
The first lawyer to locate in Erie was William Wallace, who came on from Eastern Pennsylvania in 1800, as attorney for the Pennsylvania Population Company. He remained until 1811, when he returned to Harrisburg. The second was William N. Irvine, who settled here in 1804, but also returned to Harrisburg in a few years, eventually becoming President Judge of the Adams District. Among the lawyers who located in Erie at an early day, and who became permanent residents were Anselen Potter, George A. Eliot, Thomas H. Sill, Philo E. Judd and William Kelly. Mr. Potter was admitted in 1808, Mr. Sill in 1813, Mr. Eliot in 1816, Mr. Judd in 1821 and Mr. Kelly in 1822. Dudley Marvin, who afterward rose to great distinc- tion at the New York bar, came to Erie in 1811 with the intention of making it his home, was admitted to the bar and stayed some time, but concluded to return to Canandaigua, where he spent many of the active years of his life.
In those days, the practice of the law was a very different business from what it is to-day. The country was thinly settled, the people were miserably poor, litigation was upon a limited scale, and fees were correspondingly small. The lawyers were obliged to practice in a dozen counties in order to make a livelihood, and some of them were away from their homes and offices more than half of the time. They traveled from one county seat to the other on horseback, with their legal papers and a few books in a sack across the saddle. Among the most prominent of those from abroad who attended the Erie County Courts were Henry Baldwin, Patrick Farrelly, J. Stewart Riddell, Ralph Marlin and John B. Wallace, of Meadville, and Samuel B. Foster and
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HISTORY OF ERIE COUNTY.
John Banks, of Mercer. Mr. Farrelly, in particular, was present at almost every term of court, and it is said that his practice at the Erie bar was larger than that of any or all of the lawyers residing here. Several of the gentle- men named rose to high official distinction. Mr. Baldwin, who moved from Meadville to Pittsburgh, after serving three terms in Congress, was made a Justice of the Supreme Court of the United States in 1830. Mr. Farrelly was three times elected to Congress; and Mr. Banks was appointed Judge of the Berks County Court, and was the Whig nominee for Governor in 1841.
The following is a list of those who have been admitted to the bar since the destruction of the court house in 1823, with the dates of their admission :
Allen, George A., June 16, 1868; James W. Allison, June 1, 1875; F. H. Abell, June 16, 1877.
Babbitt, Elijah, February 1, 1826; Don Carlos Barrett, July 1, 1826; Peter A. R. Brace, May 3, 1843; William Benson, August 7, 1846; J. W. Brigden, October 23, 1849; Rush S. Battles, December 11, 1855; Charles Burnham, November 30, 1865; Gurdon S. Berry, December 21, 1865; Charles O. Bow- man, November 30, 1865; W. M. Biddle, April 30, 1866; R. B. Brawley, August 9, 1866; Henry Butterfield, April 2, 1867; S. J. Butterfield, April 2, 1867; Hiram A. Baker, October 1, 1867; Julius Byles, August 15, 1868; Sam- uel B. Brooks, September 29, 1868; Charles P. Biddle, October 15, 1868; G. D. Buckley, November 27, 1868; W. W. Brown, August 31, 1869; Samuel M. Brainerd, December 22, 1869; Cassius L. Baker, May 8, 1872; H. W. Blakeslee, November 22, 1872; Ulric Blickensderfer, December 12, 1873; A. F. Bole, February 27, 1874; Isaac B. Brown, May 6, 1875; Judge William Benson, December 4, 1876; M. H. Byles, February 12, 1879; John C. Brady, September 30, 1879; Charles H. Burton, May 31, 1881.
Curtis. C. B., 1834; George H. Cutler, November 7, 1840; Justin B. Cha- pin, May 4, 1848; Andrew H. Caughey, November 26, 1851; Marcus N. Cutler, January 31, 1857; Junius B. Clark, May 10, 1860; Edward Camphausen, March 15, 1865; Edward Clark, March 14, 1867; Manly Crosby, September 30, 1868; A. W. Covell, May 25, 1870; C. L. Covell, May 27, 1873; W. B. Chapman, March 28, 1873; George A. Cutler, October 7, 1873; C. C. Con- verse, March 11, 1874; D. R. Cushman, June 23, 1874; Herman J. Curtze, January 4, 1875; Allen A. Craig, December 18, 1875; A. G. Covell, Septem- ber 7, 1880.
Douglass, John W., May 8,1850; Samuel A. Davenport, May 7, 1854; John F. Duncombe, August 8, 1854; George W. DeCamp, August 7, 1857; J. F. Downing, 1859; Myron E. Dunlap, December 12, 1873; James D. Dunlap, October, 1837.
Edwards, T. D., June 29, 1853; Clark Ewing, December, 24, 1863; Joseph D. Ebersole, May 7, 1851.
Fisk, James B., June 10, 1845; A. J. Foster, March 15, 1865; A. B. Force, August 22, 1871; J. M. Force, November 28, 1879.
Graham, Carson, December 19, 1837; John Galbraith, 1837; C. S. Gzowski, August 5, 1839; St. John Goodrich, August 2, 1841; Michael Gallagher (Dis- trict Court), May 1. 1843; William A. Galbraith, May 9, 1844, Benjamin Grant, October 27, 1845; John L. Gallatew, December 3, 1846; Jonas Gunnison, No- vember 9, 1849; George P. Griffith, August 4, 1864; George W. Gunnison, March 15, 1865; Frank Gunnison, February 5, 1870; Frank W. Grant, March 12, 1874; Paul H. Gaither, November 19, 1874; William Griffith, January 27, 1875; Edward P. Gould, May 31, 1875; Edward Graser, May 6, 1876; Samuel L. Gilson, September 4, 1878.
Hawes, Horace M., November 7, 1840; William M. Heister, May 3, 1841;
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HISTORY OF ERIE COUNTY.
D. W. Hutchinson, May 11, 1855; Calvin J. Hinds, May 11, 1860; Charles Horton, January 29, 1866; John K. Hallock, March 21, 1868; John L. Hyner, April 4, 1870; David S. Herron, September 8, 1875; Thomas C. Himebaugh, May 20, 1880.
Johnson, Quincy A., August 6, 1839; John B. Johnson, April 5, 1842; George N. Johnson, May 9, 1855; M. W. Jacobs, October 29, 1872; A. M. Judson, May 9, 1851.
Kelso, Charles W., 1835; William C. Kelso (District Court), May 10, 1839; Louis F. Keller, November 8, 1869; D. H. Kline, November 14, 1874; Joseph K. Kelso, June 27, 1876.
Law, Samuel A. (District Court), April 5, 1841; William S. Lane, July 22, 1844; Wilson Laird, February 8, 1849; A. McDonald Lyon, March 20, 1857: George A. Lyon, Jr., March 12, 1861; Charles M. Lynch, February 6, 1866; H. B. Loomis, August 6, 1866; Samuel P. Longstreet, January 25, 1869; James H. Lewis, January 28, 1869; William E. Lathy, March 7, 1871; Theo. A. Lamb, August 22, 1871; Francis P. Longstreet, August 22, 1871; George W. Lathy, December 18, 1871; Charles E. Lovett, October 10, 1874.
McLane, Moses, November 2, 1825; Gilman Merrill, November 9, 1826; George Morton, June 7, 1827; James C. Marshall, August 4, 1829; George H. Myers, May 10, 1849; David B. McCreary, August 8, 1851; Francis F. Marshall, October 28, 1857; Selden Marvin, December 14, 1859; William E. Marsh, May 7, 1879; Frank M. McClintock, May 11, 1878.
Norton, L. S., October 12, 1868.
Olmstead, C. G., September 7, 1875; Clark Olds, April 26, 1876; Edward J. O'Conner, December 5, 1878.
Phelps, Mortimer, September 12, 1850; James G. Payne, February 1, 1861; T. S. Parker, December 19, 1865; James O. Parmelee, October 7, 1871; John Proudfit, April 26, 1876; C. L. Pierce, October 23, 1877; William R. Per- kins, June 25, 1878; Rodman F. Pugh, September 4, 1878; Frank L. Perley, September 30, 1879.
Riddle, John S., August 9, 1826; Albert C. Ramsey, May 7, 1833; John J. Randall, May 8, 1839; S. W. Randall, May 10, 1839; James C. Reid, August 10, 1848; John W. Riddell, December 26, 1854; David W. Rambo, November 2, 1864; Henry M. Riblet, October 3, 1867; B. J. Reid, January 22, 1872; Louis Rosenzweig, April 6, 1872; Craig J. Reid, September 11, 1876.
Smith, Silas T., June 4, 1827; George W. Smith, November 7, 1831; Stephen Strong (District Court), April 8, 1841; Reid T. Stewart, August 5, 1845; S. Merwin Smith, May 5, 1846; James Sill, October 29, 1852; Samuel S. Spencer, February 12, 1853; William R. Scott, February 2, 1858; B. J. Sterrett, May 7, 1861; C. B. Sleeper, August 9, 1865; J. C. Sturgeon, Feb- ruary 28, 1867; C. R. Saunders, May 24, 1869; Henry Souther, October 30, 1872; James W. Sproul, April 13, 1874; Earl N. Sackett, December 28, 1875; Henry A. Strong, September 17, 1881; A. E. Sisson, November 19, 1881; David A. Sawdey, December 1, 1881.
Virgil, Almon, May 8, 1839; John P. Vincent, February 2, 1841; E. B. Van Tassel, December 16, 1858; Strong Vincent, December, 12, 1860.
Walker, John H., July 27, 1824; John H. Waugh, May 25, 1825; David Walker, February 7, 1827; W. M. Watts, July 17, 1839; Murray Whallon, October 19, 1839; Irvin M. Wallace, May 28, 1843; Edwin C. Wilson, August 3, 1846; S. E. Woodruff, October, 28, 1846; George Williamson, January 24, 1850; Hy. J. Walters, April 27, 1857, A. D. Woods, September 3, 1863; George W. Walker, August 1, 1864; D. M. R. Wilson, December 19, 1865;
1.
Pliku Marvin
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HISTORY OF ERIE COUNTY.
Calvin D. Whitney, May 10, 1866; C. S. Wilson, October 6, 1870; Thomas S. Woodruff, May 25, 1871; Jerome W. Wetmore, November 9, 1849; John W. Walker, November -, 1854; Thomas J. Wells, August 4, 1864; E. L. Whit- telsey, May 15, 1877; Emory A. Walling, September 4, 1878.
Yard, H. C., November 28, 1879.
The public careers of some of the above-named gentlemen include almost the whole political history of the county. We have room for only a few brief references. John H. Walker reached Erie when quite a young man, walking from Pittsburgh to Meadville, where he was obliged to borrow money to enable him to reach his destination. Elijah Babbitt built his office and house in 1828, and has stuck to the same spot ever since. Messrs. Walker, Babbitt and Thomas H. Sill have filled numerous public positions, among them some of the most conspicious in the gift of the people. James C. Marshall moved to Girard in 1830, engaged in business, and did not return to the practice of law in Erie until 1844. Don Carlos Barrett's name was stricken from the roll of the bar in 1834, and he soon after left the county, never to return. John Galbraith came to Erie from Franklin in 1837. He represented the district in Congress three terms. Carson Graham and John F. Duncombe went West and became prominent in public life, the one as a Judge and the other as a legislator and popular orator. James D. Dunlap was the author of Dunlap's Book of Forms, and Benjamin Grant of several volumes of the State Reports. Horace M. Hawes emigrated to California and became worth several millions. William M. Heister returned to Reading, served a term or two in the State Senate, and was Secretary of State during Gov. Packer's administration. George H. Cutler came to Erie County in 1835 from Cortland County, N. Y., where he had read law. After a time spent in other pursuits, he took a second course of reading with Hon. John Galbraith, to comply with the rule. Selden Marvin came here from Chautauqua County, N. Y., where he served a term as County Judge with credit and general acceptability. Henry Souther, before moving to Erie, had been a State Senator by election, and Surveyor General and Judge of Schuylkill County by appointment of the Governor. Edwin C. Wilson and D. B. McCreary served three years each as Adjutant General of the State, the first under Gov. Packer and the second under Gov. Geary. Gen. Curtis went to Warren immediately after his admission, and lived there until 1866, when he came back to Erie. He represented the district in Congress two terms, and served as an officer in the war for the Union. S. E. Woodruff lived iu Girard until 1872, when he moved to Erie. He was Register in Bankruptcy for twelve years. Strong Vincent served gallantly in the war for the Union, rose to be a Brigadier General, won an enviable reputation as a brave soldier, and was killed at Gettysburg. Murray Whallon moved to California, where he has been elected several times to the Legislature. Samuel A. Law went to New York, and was promoted to prominent legislative positions. John W. Douglass is now a resident of Washington City, after long service as Deputy Commissioner and Commissioner of Internal Revenue. S. M. Brainerd and W. W. Brown were both elected to Congress in 1882, the first from the Erie and the second from the Mckean district.
In looking over the list of attorneys, it is curious to see how few have ac- quired fortunes by their practice. A number have become possessed of large means, but in every instance the writer recalls to mind, their financial pros- perity has been due to real estate investments or to some other piece of good luck outside of the regular course of their profession. The law-in Erie County, at least-may be the pathway to reputation, but it is very far from being the easy road to affluence.
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