History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I, Part 44

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society
Publication date: 1914
Publisher: Allentown, Pa. : Lehigh Valley Publishing Co.
Number of Pages: 1158

USA > Pennsylvania > Lehigh County > History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I > Part 44

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were brought to Reading on the 15th and interred the following day in the Lutheran grave-yard. The judges of the court, members of the bar and the borough council each passed appropriate reso- lutions commendatory of his life and character as a lawyer, as a judge and as a public-spirited citi- zen, resolved to attend his funeral in a body and wear crape on the left arm for thirty days. His remains have since been transferred to Charles Evans' cemetery.

As an advocate his knowledge was various and extensive, his judgment sound and his counsel recognized as of a high order. By his brethren of the bar his merits as a sincere friend and as an honorable practictioner were highly appreciated, and he performed all his various duties as a law- yer, a judge and a citizen with recognized prompt- ness and acknowledged ability. As a lawyer he disdained everything like artifice or technical ad- vantage and looked to the merits of his case alone. He seemed ever to contend for justice rather than victory; hence his influence with the court and jury was deservedly great. In the prosecution of doubtful claims where individuals had important trusts to fulfill which they were anxious should be judiciously and faithfully managed, recourse was had with the utmost con- fidence to John Spayd, and his opinions were con- sidered oracles upon which the most perfect re- liance could be placed.

The borough council at the time of his death passed resolutions in commendation of his valu- able services for many years as chief burgess. At a bar meeting presided over by Judge Robert Porter resolutions commendatory of his life and character were adopted. Members of the Phila- delphia bar held a meeting in the District Court- Room, presided over by Hon. Joseph B. Mc- Kean, and adopted resolutions relating to "John Spayd, Esq., a distinguished member of the pro- fession from Reading, who died while on a visit to Philadelphia, and in testimony of our respect for his private virtues and professional attain- ments, we will attend as far as the limits of this city the removal of his remains for interment at Reading."

Judge Spayd was married to Catharine Hies- ter, eldest daughter of Governor Joseph Hies- ter. Their children were Elizabeth, married to Edward B. Hubley, once a member of congress from Schuylkill county; John, a graduate of the medical department of the University of Penn- sylvania; Catharine B., married to John B. Brooke, a prominent merchant of Reading and father of Dr. John B. Brooke; Joseph H., a member of the Berks Co. bar; George W., once chief burgess of Reading; Henry, who completed the medical course at the University of Pennsyl-

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vania and died one year after his graduation; and Amelia, married to Dr. Diller Luther, of Reading.

At the time of his death, Judge Spayd resided in Penn Square, Reading, next house west of the Farmers' Bank.

HON. ROBERT PORTER, fourth President Judge of Northampton county, and first President Judge of Lehigh county, was the eldest son of General Andrew Porter and was born at Philadelphia on January 10, 1768. His father then was conduct- ing a mathematical and an English school. When he was only eight years old the revolution had begun in earnest and his father had enlisted to serve the United Colonies in their great struggle for independence. Toward the close of the war his father was colonel of the Fourth Pennsyl- vania regiment of artillery, and it is said that Judge Porter, when only thirteen years of age, was enlisted in one of the companies under the command of his father. At the conclusion of the war he resumed his studies at Philadelphia, and, selecting the law as his profession, he was ad- mitted to practice on May 15, 1789. After be- ing engaged in a successful practice for twenty years, at Philadelphia, he, in 1810, was appoint- ed by Governor Simon Snyder to the office of president judge of the Third Judicial district which comprised the counties of Berks, North- ampton, and Wayne. He occupied this honor- able position for the period of twenty-two years and then, upon resigning his commission, retired to private life. He resided at Reading, on the northwest corner of Fifth and Penn streets, dur- ing his term of office. He died on June 23, 1842, at Brookville, Pa., aged seventy-four years. Judge Porter was a man of profound learning and su- perior legal attainments.

HON. GARRICK MALLERY, second President Judge of Lehigh county, was a native of Massa- chusetts. After obtaining a good preliminary edu- cation he entered Yale College and was graduated from that institution in the year 1809. He soon afterwards became principal of an academy at Wilkes-Barre, and while occupying that position engaged in the study of law, and was admitted to the bar at Wilkes-Barre about 1812. Being well adapted by nature to the legal profession, he added to his efficiency by diligent and well-di- rected study, and therefore soon acquired a prac- tice which extended over a large portion of Northern Pennsylvania. In 1825 he was elected a member of the House of Representatives of Pennsylvania and during his legislative career was instrumental in securing the enactment of certain bills which led to the great improvement of the North Branch region.

In 1832 Governor Wolf appointed him presi-

dent judge of the Third Judicial District, then composed of the counties of Berks, Northampton and Lehigh, in which position he soon won fame and distinction, and presided with ability and dignity. He resigned in 1836 and removed to Philadelphia, where he resumed the practice of the law. About the time of his resignation the members of the bar of Berks county met March 16, 1836, and passed resolutions of regret, and tendered him a bar dinner in Reading as a token of their high appreciation of his ability as a judge and character as a gentleman. He replied in the kindliest terms from Easton, Pa., but owing to a press of professional duties was obliged to decline the proffered honor. His experience in reference to titles to coal and unseated lands throughout the state of Pennsylvania rendered his services especially valuable to purchasers of that kind of property, and his practice thus becarne very ex- tensive. During his residence in Philadelphia he was standing master in Chancery of the Supreme Court of Pennsylvania, and was for many years solicitor and advisor of the Camden and Amboy, the Philadelphia and Trenton and other railroad companies.

Judge Mallery was thrice married; his last wife was a daughter of Dr. Otto, a prominent physician of Philadelphia. Hon. William Strong, lately retired from the Supreme Court of the United States, was married to his daughter.

HON. JOHN BANKS, third President Judge of Lehigh county, was born near Lewisburg, Juniata county, Pa., in the year 1793. His parental grand- father emigrated from Scotland and lived to the age of nearly one hundred years. His father being a farmer, his youth was spent mostly in as- sisting him in the arduous duties of that occu- pation. The advantages of a liberal education, however, were not denied him. He entered upon the study of law with a well-disciplined mind, was admitted to the bar of his native county in 1819, and soon after removed to the western part of the state. He located in Mercer county and there rapidly attained eminence at the bar. With- out any solicitation on his part, he was nominated and elected a representative in congress, and twice re-elected, serving from 1831 to 1836. He won distinction in congress by his treatment of con- tested election cases. His patience and fairness in the investigations and his clearness in applying the law to the facts, made his conclusions invari- ably acceptable. In the spring of 1836 he va- cated his seat in congress to accept the appoint- ment of president judge of the Third Judicial District of the state, composed of the counties of Berks, Lehigh and Northampton, the office hav- ing been tendered him by Governor Ritner. Suc- ceeding so accomplished a jurist as Garrick Mal-

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lery, he sustained himself in his new position under difficult circumstances, and proved by his administration of justice that he had an acquain- tance with the law fully as much under control as his predecessor. He possessed a kind heart, was easy and graceful in his manners and clear in his opinions. His superior qualities soon won for him the full confidence of the people. No man was ever more obliging and condescending to his juniors than he, and no man ever lived in Read- ing whose companionship was more highly prized by so varied a circle of friends. Having spent eleven years as president judge of the court, he resigned the position in 1847, and accepted the office of state treasurer of Pennsylvania and served one term. In 1841, while judge of the courts, he was nominated by the Whig party for the of- fice of governor of Pennsylvania, but was defeated by David R. Porter, the Democratic nominee. He was subsequently nominated and supported by the Whig members of the state legislature, when in the minority, as their candidate for United States senator.

Upon his retirement from the bench, Judge Banks resumed the practice of the law, and soon became the acknowledged leader of the Berks county bar. He continued in his profession until his death, April 3, 1864, enjoying a very extensive and lucrative practice.

HON. JOHN PRINGLE JONES, fourth President Judge of Lehigh county, was born near Newtown, in Durham township, Bucks county, in 1812, and was an only child. His father died when he was young. His mother was a Pringle and a member of an English family of great respect- ability in Philadelphia. She moved to her native city after the death of her husband. The educa- tion of the son, J. Pringle Jones, was acquired at Captain Partridge's Military Academy, in Middletown, Conn., and at the University of Pennsylvania, where he studied two years and was then admitted to the senior class of the College of New Jersey, at Princeton, from which he was graduated with honor in 1831. After leaving college he studied law in the of- fice of Charles Chauncey, Esq., and was admit- ted a member of the Philadelphia bar in 1834. Being a great lover of nature he traveled to and wandered over the green hills of Berks County, and whilst in the country, in 1835, he deter- mined to locate in Reading. He was at once re- ceived into the best society on account of his education, culture and social qualities. In 1839 he was appointed deputy attorney-general for Berks County and served in that office until 1847. During the time he was associated in the practice of law with Robert M. Barr, Esq., who was appointed, in 1845, reporter of the decisions

of the Supreme Court. At the expiration of the official term of Hon. John Banks as judge of the Third District, then composed of Berks, Lehigh and Northampton counties, he was appointed by Governor Shunk to fill this honorable position. He took the oath of office March 15, 1847. By an act of the Legislature, passed in 1849, Berks county was erected into a separate judicial dis- trict, of which David F. Gordon was appointed president-judge, and Judge Jones continued to preside in Lehigh and Northampton counties until 1851.

In 1849, Mr. Barr, the State reporter, died, and Judge Jones completed two of the "State Reports," which his former partner had left un- finished. These reports are known as "Jones' Reports." In 1851 he was elected president judge of the courts of Berks county for ten years. After the expiration of this term he de- voted himself to literary pursuits and to the management of the Charles Evans Cemetery Company, of which he was elected president.

In 1867 Judge Maynard, of the Third Judic- ial District, then composed of Lehigh and Northampton counties, resigned, and Judge Jones was appointed his successor for the unex- pired term. This was the last official position he occupied. In 1871 he had an attack of par- alysis. In October, 1872, he sailed for Europe, accompanied by his wife, and traveled through France, Italy, Germany and a part of Russia. He was taken sick and died in London, on Mon- day, March 16, 1874. His remains were brought to Reading and buried in Charles Evans Ceme- tery.

He was married first to Annie Hiester, daugh- ter of Dr. Isaac Hiester, of Reading, in 1840. After her death he was married, in 1851, to Catharine E. Hiester, daughter of John S. Hie- ster. Nature favored Judge Jones with a fine physical appearance and excellent mental endow- ments. He had a decided taste for literature, and after he retired from the bench devoted much of his time to the gratification of this taste. He was a man of sterling integrity and great moral worth. A marked trait was his strong attachment to his friends, of whom he had a great many in the county of Berks and also throughout Eastern Pennsylvania.

HON. WASHINGTON MCCARTNEY, LL.D., fifth President Judge of Lehigh County, was born in Westmoreland, Pa., Aug. 24, 1812. He was graduated with high honors at Jefferson College, Canonsburg, Pa., in 1834, and was appointed professor of mathematics in Lafayette College, Easton, Sept. 24, 1835. In 1836 he was ap- pointed professor of mathematics and modern languages at Jefferson College, his alma mater,

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where he remained for one year, when he re- turned to Lafayette in 1837; he resigned Sept. 20, 1843. He was again appointed to the same professorships on Sept. 18, 1844, and resigned in 1846; was appointed professor of Mental and Moral Philosophy, March 13, 1849, which post he held for several years.

He was admitted to the bar of Northampton County January 18, 1838, was appointed Deputy Attorney General of that county in 1846-47-48, and was elected President Judge of the Third Judicial District composed of Northampton and Lehigh counties, at the first general election held for judges, under the amended constitution in the fall of 1851. He founded and was principal of the Union Law School, at Easton, in 1846. He was married at Easton, April 18, 1839, to Mary E. Maxwell, daughter of the late Wil- liam Maxwell, Esq., of New Jersey, and had three children. He died July 15, 1856. He was the author of a work upon "Differential Calculus," and the "History of the Origin and Progress of the United States." He was re- markable in facility for acquiring languages. Not only was he an accurate and finished German, French, Hebrew, Latin, Greek and Oriental scholar, but within the last year of his life, with all his arduous duties upon the bench, in his Law School, as a member of the School Board, a manager of The Easton Gas Co., and his connection with various useful projects, he had commenced and partly mastered the acquisi- tion of the Russian language. His remains were interred in the Easton Cemetery and a marble tablet inscribed to his memory was placed in the high-school building.

HON. HENRY D. MAXWELL, sixth President Judge of Lehigh county, was born in the village of Flemington, Hunterdon county, New Jersey, Dec. 5, 1812. His great-grandfather, John Maxwell, who was of Scottish extraction, emi- grated to this country from the north of Ire- land in 1747 with his family of four sons and two daughters, and located in Greenwich town- ship, then Sussex, now Warren county, New Jersey. The eldest son, William Maxwell, en- tered the English Army, was with General Braddock, also at Quebec with General Wolfe and at the battle of Three Rivers. He was in the commissary department of the British army stationed at Mackinaw when the Revolutionary War broke out. He immediately threw up his commission, marched on foot, through the then wilderness, to Trenton, and was given a colonel's commission. He subsequently received the ap- pointment of Brigadier General and made an active and efficient officer, highly esteemed by General Washington.

General Maxwell, son of William, born No- vember 25, 1739, became a captain in the Revo- lution. He died at Flemington, February 15, 1828. His youngest son, William, a graduate of the class of 1804 at Princeton, became a dis- tinguished lawyer and practised his profession at Flemington until his death in 1828. He was admitted an attorney of Northampton county court January 24, 1810.

Henry D. Maxwell was his eldest son and was prepared to enter Princeton College in the 15th year of his age, and his father's death com- pelled him to abandon his cherished project and bend his energies in aid of the mother who was left with six children. He obtained a position as usher at the boarding-school of the Rev. Robert Steel, D.D., at Abington, Pa., and there for about 18 months prepared the young men for college. He then commenced the study of law and was admitted to the bar in New Jer- sey Sept. 4, 1834. He commenced to practice law at Phillipsburg and was admitted to the bar of Northampton on November 7, 1834, and opened offices at Easton in 1835. He was sub- sequently admitted to the Supreme Court of Pennsylvania in December, 1836, and to the Supreme Court of the United States in 1841. In 1848 he was appointed Deputy Attorney General of Northampton County and again in 1849. In 1850 he was appointed Consul to Trieste, Austria, which position he held for one year. In July, 1856, he was appointed by Gov- ernor Pollock, President Judge of the third dis- trict to succeed his brother-in-law the Hon. Washington McCartney, who had died. He was re-appointed in December 1856 and con- tinued in the office until Dec. 1857.

The Allentown Democrat, of December 9, 1857, had this article :

"On Wednesday of last week, Judge Maxwell held an adjourned court in this borough which terminated his connection with us as President Judge of this judicial district. The following letter, signed by all the members of the Bar, and other citizens of the county, was addressed to him asking his participancy in a public enter- tainment to be given as a testimonial of his char- acter as a man and as a jurist.

" 'Allentown, Dec. 1, 1857.

" 'Hon. Henry D. Maxwell. Dear Sir: The undersigned members of the Bar of Lehigh County and other of its citizens, anxious to give some expression of their high opinion of your character as a man and jurist, do hereby invite you to participate with them in a public enter- tainment at such time and place as may best suit your convenience. The relation that has ex- isted between us for the past two years enables

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us to accord to you the highest praise as a patient, courteous, industrious, honest, and learned Judge, and impels us to regret that we are about to part with one who in that important position we have learned to esteem so highly. In returning once more to the labors of the Profes- sion we beg leave to assure you of our best wishes for your happiness and prosperity and of our firm belief that one who so well performed the duties of a Judge and sustained the dignity of the Bench can never fail to grace and adorn the Bar.' "

The same paper states that the festival that followed was a most happy one evidencing in the strongest possible manner, "that Judge Maxwell left the Bench with the kindliest feelings of all parties."

He gave his first vote in approval of the prin- ciples of the then National Republican party, afterward merged into the Whig party. In 1846 he was a candidate for Congress. In 1842 he was appointed Quartermaster of the State Militia. He was a member of the Historical Society of Pennsylvania and a director of The Central Railroad of New Jersey, and one of the vice presidents of the Pennsylvania State Agri- cultural Society.

HON. JOHN K. FINDLAY, seventh President Judge of Lehigh county, was born in Mercers- burg, Franklin county, Pa., May 12, 1803. He was educated at the West Point Military Acad- emy, from which he graduated in 1824 and was commissioned a Lieutenant. He took part in the Seminole War in Florida as Lieutenant of ar- tillery, but in 1828 resigned his commission and commenced the study of law. He was admitted to the bar at Harrisburg in 1831, and practiced his profession in Lancaster until 1845, when he was appointed Judge of the District Court of the city and county of Philadelphia. In October, 1857, he was elected President Judge of the Third Judicial District of Lehigh and North- ampton counties, which position he filled until 1862.

In politics Judge Findlay was a Democrat and in 1880 was elected a police magistrate of Phil- adelphia, holding Court No. 2, with his office at 1424 South street. He died, suddenly, at Spring Lake Beach, N. J., on September 13, 1885, aged eighty- two years, leaving a wife and one daughter to survive him.

HON. JOHN MAYNARD, eighth President Judge of the county, was born May 6, 1812, in Vermont. He was educated in the common schools and at Hamilton Academy, New York, studied law with W. J. Angell and George Clyde of Otsego, and was admitted to the bar of Tioga county in 1831. He located at Williamsport in

1840, where he resided to the close of his life, with the exception of a few years. In 1859 he was appointed Assistant Law Judge of the Fifth Judicial District, composed of Alleghany county, and in October, 1862, was elected President Judge of the Third District, composed of Le- high and Northampton counties, and filled this position ably for five years when he resigned in September, 1867 and returned to Williamsport, where he died in 1855.

HON. ABRAM B. LONGAKER, ninth President Judge of Lehigh county, was born in Lower Providence Township, Montgomery county, April 28, 1828. He was educated in the public schools, Franklin and Marshall College and Union College, Schnectady, N. Y., graduating from the latter institution in 1850. He entered the Medical Department of the University of Pennsylvania, but later changed to the study of law and in August, 1853 was admitted to prac- tice in the courts of Northampton and Mont- gomery counties.

In 1855 he was elected a member of the Pennsylvania Legislature and was re-elected in 1856, 1857 and 1858, in which latter year he was elected Speaker of the House of Representa- tives.

He was a sergeant in the Independent Cav- alry Company of State Militia, organized in 1862 for emergency service and a private in Co. H, July, 1863. Later he was Regimental Quartermaster of the 4Ist Regiment of Emer- gency Militia. In October, 1868, he was elect- ed President Judge for a term of ten years, and removed to Allentown, and resided at Jordan and Union streets. He resigned in July, 1878, and resumed the practice of law. In 1889 he located at Easton, and in May, 1893, removed to Norristown where he practiced law for some years, and died there June 15, 1913, aged 85 years.

He married Miss Mary Slingluff, and had two daughters-Miss Rosaline Longaker and Mrs. Henry K. Kurtz, of Philadelphia.

HON. EDWARD HARVEY, tenth President Judge of Lehigh county, was born in Doylestown, Bucks county, January 17, 1844, the only son of Dr. George T. Harvey and Mary Kinsey La- Rue. He was educated in the schools of his native town, the Lawrenceville, N. J., high school and Princeton College. He studied law under Hon. George Lear and in 1865 was ad- mitted to the bar of Bucks county. He became a member of the Lehigh county bar on Novem- ber 8, 1865, and two months later commenced the practice of his profession in the office of Hon. S. A. Bridges. He soon acquired a lucrative practice and attained high rank in the profes-

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sion. In 1873 he was chosen a member of the constitutional convention in which body he served as a member of the committee on corporations. Upon the resignation of Judge Longaker he was appointed by Governor Hartranft on June 14, 1878, President Judge, which position he filled until the close of the unexpired term in Janu- ary, 1879.

After his retirement from the bench Judge Harvey resumed the active practice of law. In 1878 he was solicited to become the nominee upon an independent ticket, for President Judge of Lehigh county, but declined the honor. Again in 1879 he declined to accept an independent can- didacy for judge of the courts of Berks county and in 1882 declined to be a candidate in Dau- phin and Lebanon counties, which candidacy was tendered him by a committee of prominent lawyers and citizens. In 1903 he was the Dem- ocratic candidate for Judge in Lehigh county, but was defeated by the nominee of the Repub- lican party.

In 1884 he represented the tenth congressional district as committeemen in the Democratic na- tional convention. In 1878 he was chosen Pres- ident of the First National Bank and became a director of the Second National Bank on Jan. 1, 11905, of which he was elected President, Oc- tober 16, 1907, upon the death of Hon. Wm. H. Ainey, which position he held until his death. He was also a director of the Allentown Trust Com- pany.

He was President of the Board of Trustees of the Allentown Hospital Association and was active in furthering the interests of that insti- tution, to which he bequeathed a large amount of money. In 1882 he became a charter member of Greenleaf Lodge, No. 561, F. & A. M., of which he was a Past Master and Trustee. He was a member of the Livingston Club, Allen- town Lodge, No. 130, B. P. O. Elks, Univer- sity Club, of Philadelphia, Legion of Honor, and was President of the local Bar Association since its organization. Judge Harvey was an able orator and his oration at the time of the civic memorial to the late President William Mc- Kinley was a masterpiece. He died at his res- idence, Fourth and Chew streets, Allentown, September 7, 1913, unmarried, leaving two step- sisters, Mrs. William C. Newell of Doylestown and Mrs. John H. Rex, of Norristown, as his nearest surviving relatives.

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History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I, Part 44

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society Publication date: 1914 Publisher: Allentown, Pa. : Lehigh Valley Publishing Co. Number of Pages: 1158

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society
Publication date: 1914
Publisher: Allentown, Pa. : Lehigh Valley Publishing Co.
Number of Pages: 1158