USA > Pennsylvania > Luzerne County > History of Luzerne County, Pennsylvania, with biographical selections > Part 28
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135 | Part 136 | Part 137 | Part 138 | Part 139 | Part 140 | Part 141 | Part 142 | Part 143 | Part 144 | Part 145 | Part 146 | Part 147 | Part 148 | Part 149 | Part 150 | Part 151 | Part 152 | Part 153 | Part 154 | Part 155 | Part 156 | Part 157 | Part 158 | Part 159 | Part 160 | Part 161 | Part 162 | Part 163 | Part 164 | Part 165 | Part 166 | Part 167 | Part 168 | Part 169 | Part 170 | Part 171 | Part 172 | Part 173 | Part 174 | Part 175 | Part 176 | Part 177 | Part 178 | Part 179 | Part 180 | Part 181 | Part 182 | Part 183 | Part 184 | Part 185 | Part 186 | Part 187 | Part 188 | Part 189 | Part 190 | Part 191 | Part 192 | Part 193 | Part 194 | Part 195 | Part 196 | Part 197 | Part 198 | Part 199 | Part 200 | Part 201 | Part 202 | Part 203 | Part 204 | Part 205 | Part 206 | Part 207 | Part 208 | Part 209 | Part 210 | Part 211 | Part 212 | Part 213 | Part 214 | Part 215 | Part 216 | Part 217 | Part 218 | Part 219 | Part 220 | Part 221 | Part 222 | Part 223 | Part 224 | Part 225 | Part 226 | Part 227 | Part 228 | Part 229 | Part 230
Under the constitution of 1873, justices of the peace and aldermen were to be elected for five years, and under the act of assemby of March 22, 1877, commissions were to take effect from the first Monday of May, the governor having power to appoint to vacancies up to thirty days after the next municipal election.
When this region, by the Trenton decree of 1782, finally came under the juris- diction of Pennsylvania, it became a part of the county of Northumberland (county seat Sunbury), which had been taken in 1772 from Northampton (county seat Easton), the latter covering a large section of the original county of Bucks, from which it was formed in 1752.
"To extend to the remote settlement at Wyoming, the advantage of civil govern- ment in which they might participate affording them an opportunity to administer their local affairs by persons having the confidence of the inhabitants, chosen by themselves; to give the people an efficient representation in the council and assem- bly, so that their voice might be heard, their interests explained and their influence
224
HISTORY OF LUZERNE COUNTY.
fairly appreciated," a new country was formed on September 26, 1786, from part of the territory of Northumberland. It was named Luzerne, from the Chevalier de la Luzerne, a most popular minister from the French court during the Revolution, and for many years afterward a prominent figure in the public eye, and was bounded as follows: " Beginning at the mouth of Nescopeck creek, and running along the south bank; thence eastward to the head of said creek; from thence a due east course to the head branch of Lehigh creek; thence along the east bank of said Lehigh creek to the head thereof; from thence a due north course to the northern boundary of the State; thence westward along said boundary until it crosses the east branch of Susquehanna; and thence along the said northern boundary fifteen miles west of the said river Susquehanna; thence by the straight line to the head of Towanda creek; thence along the ridge which divides the waters of the east branch of the Susque- hanna from those of the west branch, to a point due west from the mouth of the Nescopeck; thence east to the place of beginning."
The act creating the county provided for an election on the second Tuesday of the following October, to choose county officers and representatives in the legisla- ture; and that Zebulon Butler, Nathaniel Landon, Jonah Rogers, Simon Spalding and John Phillips should be a commission to buy a site for the county buildings.
In 1790 the county court divided the county into eleven townships. These retained the old names of Wilkes-Barre, Pittston, Hanover, Newport, Exeter, Ply- mouth, Kingston, Salem, Tioga, Wyalusing and Tunkhannock, but the territory of those townships which had existed under the Connecticut jurisdiction was extended.
The commissioners named above, to procure a site for county buildings, made choice of the public square in Wilkes-Barre; and in 1791 there was erected a two- story hewn-log building, about sixty feet long and half as wide, of which the second story was the courtroom (approached by steps outside), and the lower floor was for the jail and the jailer.
This structure gave way in 1801 for the building of a new courthouse on the same site. The old one was occupied, however, during the construction of the new, which was finished in 1804, when the log building became the Wilkes-Barre academy.
The new courthouse, which was in the shape of a cross and had a low tower and a belfry in the center of the roof, cost $9,356.06, and was used more than fifty years. In the year after the commencement of its construction a jail was built on the corner of Market and Washington streets, and between 1809 and 1812 a fire- proof building for the county records, the three costing about $24, 000.
In 1835 the legislature authorized the erection of the present courthouse, and its corner-stone was laid August 12, 1856. Under the supervision chiefly of Benja- min F. Pfauts, William A. Tubbs and Silas Dodson it was completed and furnished at a cost of $85,000; builder, D. A. Fell. Provision is made in this building for the public offices, which formerly occupied a separate one.
The jail begun in 1802 served until 1870, although long before that time it had proved inadequate to the demands upon it and was unworthy of the advanced posi- tion of the commonwealth in the matter of prison discipline.
On April 2, 1867, the contract for the building of a new jail was awarded to Lewis Havens, at $189,575. On August 18, 1870, the sheriff was ordered to remove the prisoners to this jail, and November 4, in the same year, the building was accepted from the contractor. An expenditure of $18,500.93 above the contract price was incurred for additional and extra work. From a report furnished by the clerk of the county commissioners, it appears that the building and furniture cost $302,536.92. It is located above North street, between River street and the Sus- quehanna. It is built of stone brought from Campbell's ledge, opposite Pittston, occupies a lot of five acres, and the building covers three-fourths of an acre. It is a fireproof structure, and is at the same time substantially and tastefully built and
( Wiliam J. Stwem Hun
227
HISTORY OF LUZERNE COUNTY.
elegantly painted inside. It has in both wings seventy-two cells, thirty-two of which are double, sufficient in all for 104 prisoners.
The building is heated by three furnaces, and all the cooking and heating of water are done by them. It is ventilated by a fan, which is propelled by an engine-precisely as coal mines are ventilated.
Under the old State system each city, borough and township maintained and cared for the poor within its limits. About the year 1858, the question of erecting a county poorhouse was submitted to the people in accordance with an act of assem- bly, and decided in the negative. By special legislation portions of the county were then erected into poor districts, each under a special act.
In 1860, by an act of assembly, the township of Wilkes-Barre was made a poor district, and a farm was purchased in the township of Newport, about four miles below Nanticoke, on the east side of the river. In 1861 the central poor district of Luzerne county was incorporated. This district embraces the townships of Wilkes- barre, Plains, Kingston, Plymouth, Hanover and Newport, the boroughs of Kingston, Plymouth, Ashley, Sugar Notch and Nanticoke, and the city of Wilkes-Barre.
In 1863 the first poorhouse was built on the farm purchased by Wilkes-Barre in 1860. It was a frame building, 35x74 feet, three stories in hight above the base- ment, which was finished for cooking and dining apartments. This, with the old farmhouse and a small kitchen, constituted the poorhouse up to 1879, when another building was erected. This was of brick, 35x76 feet, three stories in hight, with a finished basement, which is used as a laundry. The female paupers occupy this building, the old wooden structure being used exclusively for males.
This was incorporated May 8, 1857, under the corporate name of "The Poor District of Jenkins Township, Pittston Borough and Pittston Township." The first directors were John D. Stark, Peter Winters, William Ford and Ebenezer Drake.
The board of directors in 1857 purchased a farm of 160 acres in the township of Ransom, now in the county of Lackawanna. The farmhouse standing on this farm was used as a poorhouse till the year 1877, when the present fine brick structure was erected. This is three stories in hight above the basement, which is used as a kitchen and place of work. The building is capable of accommodating 100 paupers.
Criminals convicted of capital offences have been executed at Wilkes-Barre as follows: July 1, 1779, Michael Rosebury, by order of Gen. Sullivan, for instigating desertions from the latter's command; James Cadden, March 2, 1849, for the mur- der of Daniel Gilligan below Wilkes-Barre; Reese Evans, September 9, 1853, for shooting Lewis Reese on the Kingston flats in order to rob him; James Quinn, April 21, 1854, for the murder of Mahala Wiggins on the canal near Nanticoke dam; William Muller, April 30, 1858, for the murder of George Mathias, a few miles from Wilkes-Barre, on the Easton road.
In the early history of political parties in this county, the federalists, who favored a strong national government, had a large majority. Within the memory of the present generation the democrats have oftenest had the ascendancy. Below will be found lists of the citizens who have administered the affairs of the county and represented it in various legislative bodies.
In the spring after the formation of the town of Westmoreland Zebulon Butler and Timothy Smith, and in the autumn of that year Christopher Avery and John Jenkins, appeared before the assembly of Connecticut on behalf of the new town. Timothy Smith had attended the last three previous sessions, Joseph Sluman the last two and John Jenkins the last one. Capt. Butler and Joseph Sluman were the next representatives in that body. Butler was also a member in the autumn session of 1775, in which Maj. Ezekiel Pierce was his colleague, and in the spring session of 1776 John Jenkins and Solomon Strong. Col. Nathan Denison was a member in the spring sessions of 1778-9, and the autumn sessions of 1776, 1778 and
228
HISTORY OF LUZERNE COUNTY.
1780. John Jenkins and Isaac Tripp were the assemblymen at both sessions of 1777; Anderson Dana in the spring, and Asahel Buck in the October session of 1787 John Hurlbut served in the spring sessions of 1779-80 and 1781, and the autumn session of 1780. Jonathan Fitch was a member in the spring sessions of 1780-1 and 1782, and the autumn session of 1782. Obadiah Gore and John Franklin were the members at the spring session of 1781, and the former attended both sessions in 1782.
John Sherman, of Westmoreland, was appointed judge of probate and justice of the peace for Litchfield county, Conn., in 1775.
Up to 1860 this county belonged to a congressional district, which also included Berks, Bucks, Northampton, Northumberland and other counties. The first repre- sentative from Luzerne county, David Scott, of Wilkes-Barre, was elected in 1816. He resigned on being appointed president judge. Representatives from the dis- trict including Luzerne county have since been chosen as follows:
1818, 1820, George Denison and John Murray; 1820-32, Cox Ellis, George Kreamer, Samuel Mckean, Philander Stephens, Lewis Dewart and A. Marr; 1832 (Luzerne and Columbia), 1834, Andrew Beaumont; 1836, 1838, David Petrekin; 1840, 1842, Benjamin A. Bidlack; 1844, Owen D. Leib; 1846, 1848, Chester Butler; 1850 (Luzerne, Wyoming, Columbia and Montour), 1854, Henry M. Fuller; 1852, Hendrick B. Wright; 1856, John G. Montgomery-died, and was succeeded the next year by Paul Leidy; 1858, 1860, George W. Scranton-died during his second term, and H. B. Wright was chosen at a special election in June, 1861; 1862 (Luzerne and Susquehanna), 1864, Charles Denison; 1868, George W. Woodard; 1872, Lazarus D. Shoemaker; 1876, Winthrop W. Ketcham; 1877, W. H. Stanton; 1878, Hendrick B. Wright; 1880, from Eleventh district. Robert Klotz, and from Twelfth district Joseph A. Scranton; 1882, Eleventh, John B. Storm; Twelfth, Joseph A. Scranton; 1886, Eleventh, Charles B. Buckalew; Twelfth, John Lynch; 1888, Edwin S. Osborn; 1890, George W. Shonk.
Members of the upper house of the legislature have been chosen from the dis- trict, including Luzerne county, as follows:
Council: 1787 -- 89, Nathan Denison; 1789 (October 30), 1790, Lord Butler. Senate: 1790 (Luzerne, Northumberland and Huntington), William Montgomery; 1792, William Hepburn; 1794 (Luzerne, Northumberland, Mifflin and Lycoming), George Wilson; 1796 (same district), Samuel Dale; 1798, Samuel McClay; 1800, James Harris; 1801 (Luzerne, Northampton and Wayne), Jonas Hartzell; 1803, Thomas McWhorter; 1805, William Lattimore; 1807, Matthias Gress; 1808 (Luzerne and Northumberland), Nathan Palmer; 1810, James Laird; 1812, Will- iam Ross; 1814 (Luzerne, Northumberland, Union, Columbia and Susquehanna), Thomas Murray, Jr. ; 1816, Charles Frazer; 1818, Simon Snyder; 1820, Redmond Conyngham; 1824 (Luzerne and Columbia), Robert Moore; 1828-30, Jacob Drum- heller; 1832, Uzal Hopkins; 1836 (Luzerne, Monroe, Wayne and Pike), Ebenezer Kingsbury, Jr. ; 1839, S. F. Headley; 1841, Luther Kidder; 1844 (Luzerne and Columbia), William S. Ross; 1847, Valentine Best; 1850 (Luzerne, Columbia and Montour), 1853, Charles R. Buckalew; 1856, George P. Steele; 1859 (Luzerne), Winthrop W. Ketcham; 1862, J. B. Stark; 1865, L. D. Shoemaker; 1868, Samuel J. Turner; 1871 (Luzerne, Monroe and Pike). Francis D. Collins, Albert G. Brod- head; 1872, George H. Rowland; 1874, D. H. Stanton, H. B. Payne; 1877, E. C. Wadhams, J. B. Seamans; 1880, Eckley B. Coxe, resigned and again elected in 1881; 1882, W. H. Stanton; 1884, Morgan B. Williams; 1886, M. D. Roche; 1888, William H. Hines.
Members of the lower house of the legislature have been sent from the district, including or consisting of Luzerne county, as follows, the district comprising Luzerne, Bradford and Susquehanna, from 1814 to 1828, inclusive:
John Paul Schott, 1787; Obadiah Gore, 1788-90; Simon Spalding, 1791-2;
229
HISTORY OF LUZERNE COUNTY.
Ebenezer Bowman, 1793; Benjamin Carpenter, 1794; John Franklin, 1795-6, 1799-1803; Roswell Wells, 1797-8, 1802, 1804-6; Lord Butler, 1801; John Jenkins, 1803; Jonas Ingham, 1804; Nathan Beach, 1805-7; Moses Cool- baugh, 1806; Charles Miner, 1807-8, 1812; Benjamin Dorrance, 1808-10, 1812, 1814, 1819-20, 1830; Thomas Graham, 1809-11; Jonathan Stevens, 1811; Jabez Hyde, Jr., and Joseph Pruner, 1813 (Luzerne and Susquehanna); Putnam Catlin, 1814; Redmond Conyngham, 1815; George Denison, 1815-16, 1827-30; Jonah Brewster, 1816-9; James Reeder, 1817-8; Cornelius Cortright, 1820-1, 1823; Andrew Beaumont, 1821, 1823, 1849; Jabez Hyde, Jr., 1822-3; Jacob Drumheller, Jr., 1822-4; Philander Stevens, 1824-6; G. M. Hollenback, 1824-5; Samuel Thomas. 1825-6; Garrick Mallery, 1826-9; Almon H. Reed, 1827; Isaac Post, 1828; Albert G. Brodhead, 1831-3; Nicholas Overfield, 1831; Chester Butler, 1832, 1838-9, 1843; Ziba Bennett, 1833-4; B. A. Bidlack, 1834-5; James Nesbitt, Jr., 1835; Henry Stark, 1836-7; William C. Reynolds, 1836-7; John Sturdevant, 1838; Joseph Griffin, 1839; Andrew Cortright, 1840-1; Hendrick B. Wright, 1840-2; Moses Overfield, 1842; William Merrifield, 1843-5; James S. Campbell, 1844-5; Nathan Jackson, 1846; George Fenstermacher, 1846; Samuel Benedict, 1847; James W. Goff, 1847; Henry M. Fuller, 1848; Thomas Gillespie, 1848; John N. Conynghan, 1849; James W. Rhodes, 1850-1; Silas S. Benedict, 1850-1; Truman Atherton, 1852-3; Abram P. Dunning, 1852-4; Gideon W. Palmer, 1854; Harrison Wright, 1855; Henderson Gaylord, 1855; Steuben Jenkins, 1856-7; Thomas Smith, 1856; Samuel G. Turner, 1857; P. C. Gritman, 1857-8; Lewis Pughe, 1858, 1860; Win- throp W. Ketcham, 1858; John Stone, 1859; Peter Byrne, 1859-60; Dyer L. Chapin, 1859; H. B. Hillman, 1860; William S. Ross, 1861; R. F. Russell, 1861; H. V. Hall, 1861: S. W. Trimmer, 1862; Jacob Robinson, 1862-3; Peter Walsh, 1862-3; Harry Hakes, 1863-4; Anthony Grady, 1864-5; D. F. Seybert, 1864-5; D. S. Koon, 1865-6; William Brennan, 1866-7; James McHenry, 1866-7; Samuel F. Bossard, 1867-9; Daniel L. O'Neil, 1868-9; Nathan G. Wrestler, 1868-9; S. W. Keene, 1870-1; George Coray. 1870-1; John F. McMahon, 1870; Richard Williams, 1871-2; Patrick Delacey, 1872-3; Peter Quigley, 1872-3; B. D. Koons, 1872-3; . E. P. Kisner, 1873; Thomas Waddell, 1874; A. L. Cressler, 1874; T. W. Loftus, 1874; M. Crogan, 1874; Charles A. Miner, 1875-80; T. H. B. Lewis, 1875-6; J. J. Shonk, 1875-8; J. C. Fincher, 1875-6; James McAsey, 1875-6; F. W. Gunster, 1875-6; M. F. Synott, 1875-6; C. R. Gorman, T. W. Loftus, 1875-6; John B. Smith, 1877-80; Charles McCarron, 1877-8; George Judge, 1877-8; James A. Kiersted, 1877-8; D. M. Jones, 1877-8; A. I. Ackerly, 1877-80; S. S. Jones, 1877-8; W. H. Hines, 1879-80; George W. Drum, 1879-80; Dennis O'Lenihan, 1879-80; John E. Barrett, 1879-80; T. D. Lewis, 1879-80; Thomas Mooney, 1879. 1880, first district, Herman C. Fry; second district, Philip H. Seeley; third district, James George; fourth district, George W. Drum; fifth district, Robert Timlin; seventh district, W. B. Hierlihy. 1882, first district, Herman C. Fry; second dis- trict, Steuben Jenkins: third district, James George; fourth district, James A. Sweeney; fifth district, Robert M. Timlin; seventh district, James L. McMillan. 1884, first district, Charles D. Foster; second district, M. B. Hughes; third district, Henry C. Magee; fourth district, James A. Sweeney; fifth district, P. H. Durkin; seventh district, Nicholas C. Northup. 1886, first district, J. Ridgeway Wright; second district, M. B. Hughes; third district, P. F. Caffrey; fourth district, D. M. Evans; fifth district, P. H. Durkin; seventh, William Rutlege. 1890, first district, C. Ben Johnson; second district, Elisha A. Coray; third district, James M. Fritz; fourth district, William R. Jeffrey; fifth district, John T. Flannery.
The following will be found a correct list of all the sheriffs of Luzerne county from its organization up to the present. The year in which each was elected is given:
Lord Butler, 1787; Jesse Fell, 1789; John Franklin, 1792; William Slocum,
.
230
HISTORY OF LUZERNE COUNTY.
1795; Arnold Colt, 1798; Benjamin Dorrance, 1801; James Wheeler, 1804; Jacob Hart, 1807; Jabez Hyde, Jr., 1810; Elijah Shoemaker, 1813; Stephen Van Loon, 1816; Isaac Bowman, 1819; Jonathan Bulkely, 1822; Napthali Hurlburt, 1825; Oliver Helme, 1828; Thomas Karkuff, elected in October, 1831, died in a few hours after he was sworn in, and Benjamin Reynolds was appointed by the governor to the vacancy for one year or until the next election, when James Nesbitt was elected in October, 1832, and served until 1835; Thomas Myers, 1835; Caleb Atherton, 1838; George P. Steele, 1841; James W. Goff, 1844; William Koons, 1847; Gideon A. Palmer, 1850; Abram Drum, 1853; Jasper B. Stark, 1856; Samuel Van Loon, 1859; Samuel Peterbaugh, 1862; Joseph S. Van Leer, 1865; James W. Rhoads, 1868; Aaron Whitaker, 1871; William P. Kirkendall, 1874; P. J. Kenny, 1877; William O'Malley, 1880; John S. Oberrender, 1882; Hendrick W. Search, 1886; Robert P. Robinson, 1889.
The act for the formation of the county provided, that courts of common pleas and general quartersessions of the peace; the court of quartersessions shall sit three days and no longer, and shall be held at the house of Zebulon Butler in Wilkesburg until a courthouse shall be built. Section 9 provided: "That Zebu- lon Butler, Nathaniel Landen, Jonah Rogers, John Philips and Simon Spawlding are appointed trustees " for said county, to take assurance for a piece of land for a courthouse and a county goal, and thereupon erect a courthouse and goal.
First court convened in Luzerne county met in Wilkes-Barre, May 27, 1787, one year after the county was created. The building where the court was held stood where now is Judge Woodward's house. The court had six judges-no president judge, as that office was not provided for until 1791, when Jacob Rush was the first appointee. Nothing in the way of a new building for the presence and temporary abiding place of the blind goddess could be more primitive than this court conven- ing. It was in the deep woods, in the "dark and bloody grounds" of the valley where the shadow of death had lingered so long, where the wild beasts lurked, the wild man has yet the smoking ruins upon the hillside and where was coming the sad and also bloody contention of white man against his fellow man over the soil in which they lived. Wilkes-Barre in those early days, we are told, while having at one time twenty-three cabin homes, had seen all of them destroyed by the foe except three and this foe was the "Pennamite" against the "Yankee." In 1801 in a carefully kept diary there were but six houses in the place and as late as 1808 there were added but four others, but they were cheap wooden ones-two stone and two brick. Of the latter, the Perry house, on the corner of Northampton and Main and the Slocum residence.
There were four attorneys at the first court, and it was many years after before this list was materially increased. The old-time law practice was different from now. Lawyers were "circuit riders" literally until modern times. They went in bands" on horseback from county to county over a wide range of country, as the counties were large and the distances long from court to court. In the crowd was the judge, and, while it was hard work and much exposure, they were a rare set of good fellows. A pair of saddle-bags contained their extra clothing and the few law books they had to have-the book of first importance then to a " circuit rider" being Chitty's Pleadings, the Pleadings being of first importance. If Jones owed Smith a note it was vitally important in the vast written pleadings informing the court of the facts in the case to know whether Jones had made a scrawl after his signature that could be called a "seal." If it had a "seal," then the action must be in " debt;" if no " seal," then it must be in "assumpsit." Now, if you remem- ber, the "seal" as a signature came from the "divine," wise king, who could not write his name, and wore a great, vulgar gambler's ring, and made his royal mark by pressing the ring on the paper. In short, the practice of the law was far more a mere stream of technicalities 100 years ago than now. Good sense and
231
HISTORY OF LUZERNE COUNTY.
conscience, it seems, were secondary considerations, often were not considerations at all, and the lawyer or judge who could dig up the most learned technicalities, enough to drown all recollection of the original case in hand, was accounted the greatest judge or lawyer. To know the most subtle "learned technicalities of the law" was for a long time esteemed the acme of human greatness. If the poor clients and parties to suits had not been the helpless and unfortunate sufferers of this long-drawn-out illusion, this curious estimate of greatness, we might smile at it all. A hundred years ago there was hardly a contested case in courts where there were not climaxes from first to last in the curious mental quirks in its hunt for great lawyers and judges, that are au index to the public men and education of the time, that it is hard for one now to fully realize. The lawyer is a curious product of every civilization, the "licensed " lawyer a perfected curiosity of the ages. By virtue of his "license " he is a quasi official, and by virtue of his mastery of " pre- cedent" and the nimble technicality of each case does he rise in the scale of honor and greatness. It is very edifying to dwell on the science of jurisprudence-the "garnered wisdom of the fathers," and all that-but it is the "case" lawyer that wins the doubtful case in court almost invariably. Law, theology and medicine are the three "learned professions;" they are the sum total in the way of making a living that a "gentleman " could at one time think of following. All of them were schools of precedent. The members of the "learned professions" were never mere vulgar producers, rather, they were " cultured " consumers. In the scale of life they stood between the herd and the throne. Each a cult, a close corporation sometimes, and sometimes the doctors were a band of wrangling, brotherly-hating healers, and the whole world in agreement that all those who could not professionally talk in a kind of pigeon-Latin were but miserable, low-born "quacks." This condition grew threatening, when the happy thought came to "license" doctors as well as lawyers and preachers, and sores were now healed by making it a crime to save life except by sending for a man licensed to kill. There are comical things, dear reader, in high life as well as in the basement. The difficulty in the whole matter is that we grow up with scales over our eyes and go through life not only a little blind but cut bias, and we miss much "fun alive."
The names of the first justices who met in Zebulon Butler's house:
William Hooker Smith, Benjamin Carpenter, James Nesbitt, Timothy Pickering, Obadiah Gore, Nathan Kingsley and Mathias Hollenback. Lord Butler was sheriff, and about all the other county offices, including prothonotary and clerk, were filled by Timothy Pickering. Court crier was Joseph Sprague.
The four attorneys sworn at this court were Ebenezer Bowman, Putnam Catlin, Roswell Welles and William Nichols (the last a non-resident).
The first president Judge was Jacob Rush, who filled the office from 1791 to 1806.
Thomas Cooper succeeded, and from August, 1806, to August, 1811, presided. Seth Chapman from 1811 to July, 1813.
John Bannister Gibson from 1813 to 1817. Judge Gibson has a well-defined place in history as Pennsylvania's great and learned jurist. From president judge of the Luzerne court he went to preside in the State supreme court, and of all the brilliant men of the bar of the commonwealth there have been none greater, if indeed there has been his peer in the century. His slightes idictum ou the bench is to-day received in all the courts as unquestioned authority. The wording of his opinions is given verbatim, being as the finished Parian marble, and not capable of being condensed or taken in pieces. The law opinions of Judge tibson are familiar to the courts of the civilized world.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.