History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc, Part 42

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.)
Publication date: 1884
Publisher: Chicago : Warner, Beers & co.
Number of Pages: 1280

USA > Pennsylvania > Erie County > History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc > Part 42

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HISTORY OF ERIE COUNTY.

DEATHS, REMOVALS, ETC.

The following attorneys are known to be dead: Charles Burnham, Peter A. R. Brace, Gurdon S. Berry, W. M. Biddle, Justin B. Chapin, C. B. Curtis, James D. Dunlap, Clark Ewing, George A. Eliot, Carson Graham, John Gal- braith, Benjamin Grant, Jonas Gunnison, William Griffith, George W. Gun- nison, Horace M. Hawes, William M. Heister, Charles Horton, John L. Hyner, John B. Johnson, George N. Johnston, Charles W. Kelso, William Kelley, A. M. Donald Lyon, Samuel A. Law, F. P. Longstreet, S. P. Longstreet, Moses McLane, C. L. Pierce, John S. Riddell, James C. Reid, Silas T. Smith, S. Mer- win Smith, Thomas H. Sill, Reid T. Stewart, Matthew Taylor, William Taylor, James Thompson, Oliver E. Taylor, Strong Vincent, John H. Walker, Edwin C. Wilson, W. M. Watts, S. E. Woodruff and George W. Walker. Mr. Brace died at Prairie du Chien, Iowa, Mr. Berry in Titusville, Mr. Chapin in Ridg- way, Mr. Graham in Iowa, Mr. G. W. Gunnison in Massachusetts, Mr. Hawes in California, Mr. Heister in Reading, Mr. Kelly in the West, Mr. S. M. Smith in Vermont, Judge Thompson in Philadelphia, Gen. Vincent at Gettysburg, and Gen. Wilson in Baltimore. Mr. Stewart married an Erie lady and died on Lis wedding trip. Judge Thompson dropped dead in February, 1877, while arguing a case before the Supreme Court in Philadelphia.

The following attorneys are in practice elsewhere: Julius Byles, Titus- ville; G. D. Buckley, California; W. W. Brown, Bradford; H. W. Blakeslee, Oil Region; M. H. Byles, Titusville; W. B. Chapman, Bradford; John W. Douglass, Washington, D. C .; John F. Duncombe, Iowa; George W. De- Camp, Kansas; A. B. Force, Pit sburgh; Paul H. Gaither, Eastern Pennsyl- vania; D. S. Herron, Oil Region; M. W. Jacobs, Harrisburg; William S. Lane, Philadelphia; William E. Lathy, Kansas; Charles E. Lovett, Dakota; James G. Payne, Washington, D. C .; T. S. Parker, Pittsburgh; James O. Parmlee, Warren; John W. Riddell, Pittsburgh; B. J. Reid, Clarion; William R. Scott, Meadville; C. B. Sleeper, West; C. R. Saunders, Cleveland; Samuel J. Thompson, Philadelphia; E. B. VanTassel, Conneautville; Murray Whallon, California; George Williamson, West; A. D. Woods, Warren; Thomas J. Wells, Chicago.

The following left the county, but their locations, business, etc., are not known to the writer: R. B. Brawley, Charles P. Biddle, Marcus N. Cutler, Junius B. Clark, Edward Clark, C. S. Gzowski, St. John Goodrich, Michael Gallagher, John L. Gallatew, Thomas C. Himebaugh, Louis F. Keller, D. H. Kline, James H. Lewis, George H. Myers, R. F. Pugh, F. L. Perley, John J. and S. W. Randall, D. W. Rambo, George W. Smith, Stephen Strong, B. J. Sterrett, Almon Virgil.

The following have abandoned the profession, and are engaged in other pursuits:

F. H. Abell, J. W. Brigden, Rush S. Battles, A. H. Caughey, C. C. Con- verse, E. Graser, John K. Hallock, A. M. Judson, George A. Lyon, E. J. O'Conner, M. Phelps, William R. Perkins, Irvin M. Wallace, J. F. Downing, John W. Walker.

Associate Judges .- Two Associate Judges assisted the President Judge from the organization of the county until the 17th of November, 1876, when the office was abolished by the new constitution, the terms of Judges Benson and Craig having expired. The Associate Judges were appointed by the Governor until 1851, at which time the office was made elective. The incumbents of the position were not required to be learned in the law, and in every instance were either substantial farmers or intelligent business men. One Associate Judge, William Bell, died in office, and Samuel Smith resigned to take a seat

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in Congress. Before the constitution of 1838, all Judges were commissioned for life or good behavior, but that iustrument limited the terms of President Judges to ten years, and of Associate Judges to five years. The following is a list of the Associate Judges from the time the county was separated from Allegheny, with the dates of their commissions:

Appointed .- David Mead, Crawford County, March 13, 1800. District- All of the State west of the Allegheny River, excepting Allegheny County. John Kelso, Erie County, March 14, 1800. Same district.

William Bell, Erie County, December 20, 1800; in place of David Mead, resigned. 'Same district.

All below were for Erie County alone, the terms of Judges Kelso and Bell having expired by limitation.

John Kelso, Erie, July 4, 1803; resigned December 21, 1804.

Samuel Smith, Mill Creek, July 6, 1803; resigned in 1805.

William Bell, Erie, May 9, 1805. In place of John Kelso, resigned. John Vincent, Waterford, December 23, 1805. In place of Samuel Smith, elected to Congress.

Wilson Smith, Waterford, March 15, 1814. In place of William Bell, who died iu office.

John Grubb, Mill Creek, January 8, 1820. In place of Wilson Smith, elected to the Legislature.

John Brawley, North East, March 26, 1840. In place of John Vincent, whose term expired according to the constitution of 1838. Re-commissioned March 8, 1845.

Myron Hutchinson, Girard, March 13, 1841. In place of John Grubb, whose term expired, as above stated. Re-commissioned March 13, 1846.

Joseph M. Sterrett, Erie, June 4, 1850. In place of John Brawley. Re commissioned January 23, 1851.

James Miles, Girard, April 1, 1851. In place of M. Hutchinson.

Elected-Joseph M. Sterrett, Erie, November 10, 1851.

James Miles, Girard, November 10, 1851.

Samuel Hutchins, Waterford, November 12, 1856.

John Greer, North East, November 12, 1856. Re-elected in 1861.

William Cross, Springfield, November 23, 1861,in place of Samuel Hutchins. William Benson, Waterford, November 8, 1866. Re-elected in 1871. Hollis King, Corry, November 8, 1866.

Allen A. Craig, Erie, November 17, 1871, in place of Hollis King.

Commencing with Judge Sterrett, the Associate Judges were either Whigs or Republicans. All previous to that time were appointed as Anti-Federalists or Democrats.

District Attorneys .- From 1804 to 1850, the present office of District At- torney was known by the title of Deputy Attorney General, and its incumbents were appointed by and retained in office during the pleasure of the Attorney General of the State. The name was changed to District Attorney in 1850, the office was made elective, and the term fixed at three years. Below is a list of the persons who have filled the position:

1804-William N. Irvine, Erie. -- William Wallace, Erie.

1809-Patrick Farrelly, Crawford County.

-Ralph Marlin, Crawford County.

1819-George A. Eliot, Erie.

1824-William Kelly, Erie.

1833 -Don Carlos Barrett, Erie.

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1835-Galen Foster, Erie.

1836 -- Elijah Babbitt, Erie.

1837-William M. Watts, Erie.

1839-Carson Graham, Erie.

1845-Horace M. Hawes, Erie.

1846-William A. Galbraith, Erie.

Of the above, all but Messrs. Kelly, Foster, Babbitt and Watte were ap- pointed as anti-Federalists or Democrats. The District Attorneye elected by the people have invariably been Whigs or Republicans. They are as follows:

1850-Matthew Taylor, Erie.

1853-Samuel E. Woodruff, Girard.

1856-G. Nelson Johnson, Erie. Died shortly after the election and Charles W. Kelso appointed by the Governor to serve until the October elec- tion in 1857.

1857 -- James Sill, Erie.

1860-Samuel A. Davenport, Erie.

1863-J. F. Downing, Erie.

1866-Charles M. Lynch, Erie.

1869-John C. Sturgeon. Erie.

1872-Samuel M. Brainerd, North East.

1875-A. B. Force, Erie.

1878-Charles E. Lovett, Erie.

1881-E. A. Walling, North East.

COURT CRIERS AND OTHER MATTERS.

The following have been the Court Criers: David Langley, Basil Hoskin- son, Robert Kincaide, Joshua Randall, Remras Baldwin, P. D. Bryant, Ed- ward B. Lytle, A. E. White (since 1851).

The law library of the county consists of 800 to 1,000 volumes, which are kept upon shelves in the grand jury room. It was purchased largely from the proceeds of fines in certain criminal cases. This law has been repealed, and the only revenue for library purposes now is a fine of $1 in certain cases. The selection of books is made by a library committee consisting of five members of the bar.

A society under the name of the Erie Bar Association has been in opera- tion about eight years, the object being to advance the general interest of the profession.

The requisites for admission to the bar are as follows: Before any person can be registered as a law student, he must be examined by a committee, who must certify that he has a good English education, is versed in the rudiments of Latin, and is otherwise well qualified to commence the study of law. He must then read two years in the office of an attorney. He must finally appear before an examining committee, and receive a certificate signed by all the

4 members present, that he is competent to enter upon the practice of the law. After this, he is admitted, on motion of one of the members of the Ex- amining Committee. The rule applies as well to attorneys from other States and counties as to those desiring to enter the profession originally, but ie generally suspended in the case of lawyers of long practice and established reputation. J. P. Vincent, J. Ross Thompson, C. B. Curtis, George A. Allen and Theo. A. Lamb have been the examining committee since 1878.

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CHAPTER XX.

NOTABLE EVENTS.

A S will be seen by the preceding chapters, few sections of Pennsylvania are as rich in historical episodes as Erie County. In addition to those already mentioned, the county has been the scene of numerous events of more than common interest.

THE KING OF FRANCE.

One of these was the visit of Louis Phillippe, future King of France, accom- panied by his brother and a servant. They spent a day or two at Erie, in 1795, with Thomas Rees, sleeping and eating in his tent on the bank of the lake, near the mouth of Mill Creek.

LAFAYETTE.

In 1825, the county was honored by a visit from Lafayette, who was mak- ing a tour of the country whose independence he had periled his life and for- tune to establish. He was accompanied by his son, a companion and a servant, on their way from New Orleans to New York. They reached Waterford, where they were hospitably received, on the evening of the 2d of June, and stayed there over night. A committee from Erie met them at Waterford, and the party left the latter place early on the morning of the 3d, by way of the turn- pike. At Federal Hill, they were met by a body of military, who escorted the distinguished guest to the foot of State street, where they were greeted with a national salute and formally presented to the United States naval officers and other prominent citizens. From there a procession marched to the house of Capt. Daniel Dobbins, where Burgess Wallace welcomed Lafayette in the name of the borough. He was then taken to the residence of Judah Colt, who was chairman of the reception committee, and introduced to the ladies. Meanwhile, a public dinner had been in course of preparation, under the supervision of John Dickson, which was the grandest affair of the kind known up to that day in the incipient city. The tables, which had been erected on a bridge over the ravine on Second street, between State and French, were 170 feet long, elegantly adorned and covered with an awning made of the sails of the British vessels captured by Perry. After the dinner, toasts were offered, among them the following by the hero of the occasion:

"Erie-A name which has a great share in American glory; may this town ever enjoy a proportionate share in American prosperity and happiness."

Lafayette and his party left at 3 o'clock in the afternoon of the 3d, and were accompanied by numerous citizens to Portland, at the mouth of Chautau- qua Creek, N. Y., where he took the steamer Superior for Buffalo. Benj. Wallace was Chief Marshal of the procession which escorted the great Frenchman from Waterford, and Joseph M. Sterrett commanded the Erie Guards, who met him at Federal Hill.

HORACE GREELEY.

Another incident of special interest was the brief residence of Horace Greeley in Erie, as an employe in the office of the Gazette. His parents set- tled in Wayne Township in 1826, and in the spring of 1830 Horace, who had

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remained in New England to finish his apprenticeship, came on foot to visit them, secured employment as above, and stopped in Erie until the summer of 1831. During most or all of the period of his stay, he boarded at the house of Judge Sterrett, then proprietor of the Gazette. He was tall, ungainly aud unprepossessing, poorly and outlandishly dressed, careless of his appearance, and the boys and girls with whom he associated were disposed to make a good deal of a butt of him. In society matters, they undoubtedly had the advan- tage of the homely young printer; but when it came to literary and political discussions, he was superior to the best of them. He was very fond of talk- ing politics, and was regarded as an oracle on subjects of that nature. He left Erie for New York in August, 1831, reaching there with only $10 in his purse. His father and mother died in Wayne Township, and some of his family are still residents of the county.

PRESIDENTIAL VISITORS.

Erie has been visited by no less than nine of the Presidents of the United States. viz .: Harrison, in 1813: Buchanan, in 1840; John Quincy Adams, in 1843; Taylor and Fillmore, in 1849; Lincoln, in 1861; Johnson and Grant, in 1866; and Garfield at various periods between 1860 and 1880; besides, two Presidential nominees, viz., Douglas, in 1860, and Greeley, in 1872. Har- rison visited the place as General of the Western army, in company with Perry, after the battle of Lake Erie. They proceeded together to Buffalo.

The purpose of Buchanan's visit will be explained further on.

Ex-President John Quincy Adams reached Erie by steamer, and remained from 7 to 9 o'clock in the evening. He was welcomed by Hon. Thomas H. Sill, on behalf of the citizens, and the Wayne Grays and the three fire companies paraded in his honor.

President Taylor was on a journey up the lakes for recreation from the cares of office. He came by way of Waterford, where he was taken sick. On reaching Erie, he was too ill to proceed any further. He remained in the city some ten days, stopping with Dr. W. M. Woods, of the United States Navy, in a dwelling on the site of the rear portion of the German bank. Vice Pres- ident Fillmore came up from Buffalo and met the President, remaining with him until the next day. On departing, the United States steamer Michigan undertook to fire a Vice President's salute, when the gun exploded, killing two men. Finding that his condition unfitted him for proceeding further, the President returned to Washington, where he died in less than a year. He was accompanied on the trip by Gov. Johnston, of Pennsylvania, Surgeon Ward and Col. Bliss of the United States Army. Gen. Reed tendered the President the use of the steamer Niagara, the finest on the lake, to convey him to Buffalo, but he declined, and was carried on the Diamond, an ordinary small steamer. During his stay in Erie, all of the President's telegrams and messages passed through the hands of William S. Brown, Esq., who was Deputy Collector of the port. President Taylor is described as a plain, modest man, who avoided all ceremony and show.

Stephen A. Douglas stopped in Erie to speak in behalf of his own elec- tion. He delivered a speech in the West Park.

Lincoln passed through Erie on his way to Washington to be inaugurated. He made a few remarks from the balcony of the old depot. His remains were taken over the Lake Shore road in 1865.

Erie was one of the points favored with a speech by President Johnson in his famous " swing around the circle." He was attended by Gen. Grant and William H. Seward, the latter of whom also spoke.

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HISTORY OF ERIE COUNTY.

Greeley made quite a lengthy address to his former townsmen, from an east window of the Union Depot, during the campaign of 1872.

Garfield, being a near neighbor, made frequent trips to Erie, both political and social. He spoke in the court house during the canvass of 1878, and spent a few minutes at the depot on his way to New York in 1880.

Of less famous visitors, the number is without limit. Every candidate for Governor since 1830 has thought it necessary to make a trip to the city, and many of the eminent political speakers of the country have favored its people with addresses. The most famous lecturers, actors and musicians in America since 1850 have nearly all appeared before Erie audiences.

AN EXCITING CAMPAIGN.

Of the twenty-five Presidential campaigns in this country since the adop- tion of the constitution, that of 1840, when Harrison and Van Buren were the opposing candidates, was probably the most bitter and exciting. The feeling be- tween the two parties was intense, and the meetings everywhere were character- ized by a retaliatory spirit that has seldom if ever been exhibited in politics. At a conclave of the magnates of one party, it was agreed to hold a mass meeting in Erie on the 10th of September, the anniversary of Perry's victory. The other party, determined not to be excelled, and fearful that the prestige of the day might give their enemies an advantage, resolved to hold a convention of their side at the same time. This decision created the wildest indignation among their antagonists. The excitement ran ap to fever heat. Both elements made the utmost exertion to get out their adherents. Runners and bills were sent all over the western counties of the State, as far down as Mercer County, as well as through Eastern Ohio and Western New York. For several days be- fore the 10th, the roads leading to Erie were crowded with men, women and children, on foot, in wagons and on horseback, many carrying banners and all shouting themselves hoarse for their favorite candidates. On the eventful day, the town was crowded as it never had been before and probably never has been since. It was feared that collisions might occur between the embittered par- tisans, but the danger was fortunately averted by holding the conventions in different sections of the town. The Whig gathering assembled on a vacant lot on Second street between Holland and Mill Creek, and the Democratic in the West Park, about facing the Austin Block. James Buchanan, afterward Presi- dent of the United States, was the chief speaker for the Democrats, and Fran- cis Granger, of New York, subsequently appointed Postmaster General, presid- ed over and was the leading figure of the Whig convention. Old citizens who were present-and few people in the county remained away-recall this assemblage as the most wonderful within their knowledge.

THE ONLY EXECUTION.

Although numerous persons have been tried for murder, it is worthy of note that but one execution for that offense has ever taken place in the county. The history of the crime and the manner in which it was punished were de- scribed in the Erie Dispatch of June 15, 1882, extracts from which are given below:

"The transcript of Justice E. D. Gunnison revealed the fact that on the 23d of December, 1836, Henry Francisco was arrested for poisoning his wife Maria, to whom he had been married but three weeks, and the indictment, a peculiar instrument, sets forth that the grand jurors, upon their oath, say that on the night of the 22d of December, in the year of our Lord 1836, Henry Francisco, not having the fear of God before his eyes, and being moved and

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seduced by the devil, did advise and cause Maria Francisco to take drink and swallow down her body four ounces of laudanum, etc. The indictment was returned at the February sessions, 1837, and on November the 7th, of the same year, Francisco was put upon his trial for willful murder.

" The jury which tried him was composed of the following well-known citizens of this county: Richard Stillwell, David Matthews, Cyrus Sherwood, John S. Barnes, George W. Walker, Benjamin Avery, Jr., John B. Jones, Dr. G. Webber, Matthew Lytle, James Stewart, James Dickson.

" The evidence was in the main circumstantial, but after a patient trial the jury agreed upon a verdict at 1 o'clock during the night, and on the 11th of November, 1837, Judge Shippen sent for Francisco and pronounced the dread sentence of the law, viz., that he be taken from that court room to the jail, and from thence to the place of execution and there be hanged by the neck until he be dead, and God, in His infinite goodness, have mercy on his soul, etc.

"The closing scene in the criminal's life was an awful one compared with modern executions when the victim is jerked into eternity with the utmost dis- patch immediately after his arrival upon the scaffold. Sheriff Andrew Scott pinioned Francisco's arms in his cell, and a procession made up as follows started with solemn tread for the fatal spot in the jail yard. First came the Deputy Attorney General from Harrisburg, with Dr. Johns, the jail physician, then Sheriff Scott and three deputies, followed by the jury that convicted the culprit. Next came the prisoner, supported by the Rev. Mr. Lyon, of the First Presbyterian Church, and Rev. Mr. Glover, of the Episcopal Church. Three guards brought up the rear. The above were the only witnesses to the execution, but a large crowd was out on the street waiting for a chance to see the corpse after being cut down.

"Upon reaching the gallows, Francisco was placed beneath the beam and over the drop, and Mr. Scott proceeded to strap his legs. The condemned con- ducted himself with great firmness, betraying no sign of fear for his fate, and when the preliminaries were adjusted a final leave-taking scene occurred. The prisoner shook hands with his jailers and spiritual advisers, and with the jury. To his waiting executioner, he was profuse in expressions of gratitude for kind and humane treatment, and it is stated that while pouring out his thanks he said he should never forget the Sheriff's kindness as long as he lived. The fare- wells being over, he closed his lips forever to mortal man, and henceforth ad- dressed his Maker only. The Sheriff slipped the noose over his head and pulled down the cap that was to spare the witnesses the horrible sight of his distorted features while undergoing strangulation. All was silent as the grave as the neighboring clock chimed quarter after two. The drop was to fall at 2:30. Rev. Mr. Lyon knelt down and offered a most impressive prayer, and when he arose Sheriff Scott, according to the usage of those days, told the poor wretch how many minutes he had to live, and adjured him to make good use of them in petitioning for mercy at the Throne of Grace. Francisco bowed his bag- covered head and from beneath the cap came muffled words of prayer. He stopped occasionally as though to think of what else to ask of God, and at each halt in his prayers the Sheriff's voice solemnly informed him of the number of minutes left. To the witnesses, the suspense was awful, and a shud- der ran through them when Francisco's time had dwindled into seconds. Then it was that the wretched man's tongue was loosened. With the diminution of his lease of life came an increased flow of passionate words to the Giver of mercy. He seemed to be terribly anxious to say all he had to say in the given time and as the seconds flew on his volubility was such that he could not be understood. In the middle of his passionate prayer the bolt was drawn, the

Norman Wash.

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drop fell and Francisco's body plunged down the trap, and after three minutes of violent contortions it hung motionless at the end of the rope. So ended the only execution in this county. It occurred on the 9th of March, 1838.

"In thirty five minutes, the body was cut down and inclosed in a neat coffin, which was screwed down in jail, but such was the great curiosity to see the body that those charged with the burial had to unscrew the coffin twice. The body was interred at the corner of Seventh and Myrtle streets, on the property now owned by Superintendent H. S. Jones."

INDICTMENTS FOR MURDER.

The Erie Dispatch of July 21, 1883, gave the following list of persons who have been indicted in the county for the crime of murder during the period between 1820 and 1883:

1821-The first trial for murder that was ever held in Erie County took place in the year 1821. On that occasion, James McKee was put upon trial for the murder of John Sivers, in what is now Summit Township. The trial took place in the old court house, and the prisoner being convicted, was sen- tenced to seven years in the penitentiary, where he died.

1824-The second trial for a capital offense was that of Benjamin Laws for the murder of Fuller, at North East, in 1824. The trial took place in the academy, the court being held there until the new court house was rebuilt. Laws was convicted and sentenced to a long term of imprisonment in the penitentiary.

1828-Polly Reuby, charged with the murder of her illegitimate child, was brought to trial in the court house that stood on the park, and was acquitted after a protracted trial. A man named Griffin was tried at the same court, charged with the murder of William Crosby. He was also acquitted.

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History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc, Part 42

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.) Publication date: 1884 Publisher: Chicago : Warner, Beers & co. Number of Pages: 1280

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.)
Publication date: 1884
Publisher: Chicago : Warner, Beers & co.
Number of Pages: 1280