History of Luzerne, Lackawanna, and Wyoming counties, Pa.; with illustrations and biographical sketches of some of their prominent men and pioneers, Part 161

Author: Munsell, W.W., & Co., New York
Publication date: 1880
Publisher: New York, W.W. Munsell & co.
Number of Pages: 900

USA > Pennsylvania > Luzerne County > History of Luzerne, Lackawanna, and Wyoming counties, Pa.; with illustrations and biographical sketches of some of their prominent men and pioneers > Part 161
USA > Pennsylvania > Lackawanna County > History of Luzerne, Lackawanna, and Wyoming counties, Pa.; with illustrations and biographical sketches of some of their prominent men and pioneers > Part 161
USA > Pennsylvania > Wyoming County > History of Luzerne, Lackawanna, and Wyoming counties, Pa.; with illustrations and biographical sketches of some of their prominent men and pioneers > Part 161

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).

locate the county seat. The act also provided for the election of county officers on the second Tuesday in October, 1842; and until such officers were elected and qualified the government of Wyoming was to be admin- istered by the officers of Luzerne county.

It was provided by section 10 of the act that "the inhabitants of the counties of Luzerne and Wyoming shall jointly elect two members to the House of Representatives of this commonwealth ; and the inhabi- tants of the counties of Luzerne, Wyoming, Wayne, Pike and Monroe shall elect one member of the Senate of this commonwealth ; and the inhabitants of the counties of Luzerne, Columbia and Wyoming shall elect one member of Congress." The county was an- nexed to the northern district of the Supreme Court, and made a part of the eleventh judicial district of the com- monwealth. The Luzerne county jail was to be used by this county three years, or until a jail was erected in Wyoming county.

The commissioners appointed to locate the county seat and public buildings were Hendrick B. Wright, of Lu zerne, S. J. Headly, of Columbia, and Thomas Gratton, of Monroe. These commissioners in the autumn of 1842 determined on Tunkhannock as the county seat, and the square now bounded by Marion, Washington, Warren and Putnam streets for the public buildings. The ground, which was then a part of a farm and cultivated as such, was donated to the county by Thomas T. Slocum.

The first court house and jail were erected in 1843, with funds (about $5,000), raised by subscription among the citizens of Tunkhannock and vicinity. They were erected under the supervision of a committee appointed by the subscribers, and afterward turned over to the county commissioners, by whom they were furnished at the expense of the county. The contractor who built them was Thos. H. Parker. They were brick structures- the first brick buildings erected in the borough. The court-house was forty feet square, two stories in height. The second story was wholly occupied as a court room, and the public offices and jury rooms were on the first floor. The first session of the court held in this house was in 1844. Previous sessions had been held in the Methodist and Presbyterian churches. The public of-

WILLIAM KOONS, Shickshinny. Luzerne County

Geo Bleamans Pittston. Luzerne County.

LUTHER TRESCOTT, Huntington. Luzerne County.

Mrs. M L .T. HARTMAN, Union. Luzerne County

RESIDENCE OF O . H. LOOMIS, CORNER OF CHURCH & MAIN STREETS, MESHOPPEN , WYOMING CO., PA.

COURT HOUSE, TUNKHANNOCK , WYOMING CO., PA.

497

WYOMING COUNTY BUILDINGS-CIVIL, LIST-JUDGE JESSUP.

fices were kept in a building on what was then known as Turnpike street. This building was subsequently taken down to make way for the canal.

The jail, which stood about 150 fect in the rear of the court-house, had a stone basement, in which were four cells for prisoners, and a superstructure of brick for the sheriff or jailer's residence. It was first occupied as a prison in 1844. These buildings were occupied with no more than ordinary repairs till the erection of the present court-house and jail.

The present jail was erected in 1866, on the west side of Slocum street. It is of stone, one story in height, with a brick front of two stories for a sheriff's residence. The jail proper is 33 by 35 feet. It has six cells and has a capacity for ten prisoners. The brick front is 32 by 46. The cost of the whole was $15,520, including extras. G. W. Lung was the architect and Charles Place the contractor.

In 1869, by authority of the Legislature, the county is- sued bonds to the amount of $15,000, for the repair of the court-house and improvement of the public grounds. On the 15th of May, 1869, a contract was given John W. Crawford for the repair of the old court-house and the erection of a new front, constituting in fact almost a new structure, for the sum of $18,980. The actual cost of the building, which was completed by Charles Place, the surety of the contractor, was $24,880, the additional $5,- 900 being for extra work directed by the commissioners. The building was completed and accepted in 1870. The front is 76 by 40 feet, three stories in height, with a rear projection of two stories, 70 feet square. The whole is of brick, covered with cement. The architect was D. R. Nott.

While the court-house was in process of repair the. court was held in the basement of the Methodist church. The public offices were kept in the second story of Little's building, on the east side of Warren street.

But two members of Congress have been chosen from this county since its organization, and each but for part of a term. Hon. Chester Butler, of Wilkes-Barre, died October 5th, 1850, and John Brisbin, then a member of the Wyoming county bar, was elected to supply the vacancy in Congress caused by Mr. Butler's death. Mr. Brisbin represented the district until the close of the ensuing session, March 4th, 1851, a period of about two months from the date of his election. In the fall of 1872 Hon. U. Mercur, of Towanda, who then represented this district in Congress, was chosen one of the justices of the Supreme Court, and resigned his seat in Congress. F. C. Bunnell, of Tunkhannock, was elected to supply the vacancy, and held the office until the end of the ensuing session, March 4th, 1873.

As State senators Hon. William M. Piatt, of Tunk- hannock, was elected in the fall of 1858, and Hon. P. M. Osterhout, also of Tunkhannock, in the fall of 1868. Each held for one term.

Members of the State House of Representatives from this county have been elected as follows:

1843, Jolin 1'. Smith; 1844, Thomas Morley; 1845, 1846, Schuyler Fassett

1817, 1848, Robert R. Little; 1849, Ezekiel Mowry; 1850, Ezekiel Mowry, jr; 1852, John D. Denison; 1854, John Sturdevant; 1855, 1857, John V. Sinith; 1856, Alfred fine; 1859, Samuel Oaks; 1860, Thomas Osterhout; 1861, George S. Tutton; 1861, 1865, Peter M. Osterhout; 1866, Jacob Keunedy; 1867, Ziba Lott; 1871, 1872, Martin Brunges; 1873, Robert R. Little; 1874, Giles Roberts; 1876, John Jackson: 1878, 1879, A. W. Stevens.

The following sheriffs have been elected in the years stated. It is a remarkable fact that all these gentlemen are now (1880) living.

1842, Thomas Osterhout ; 1845, James Kelly ; 1848, John Jaekson ; 1851, Gordon Swetland; 1854, James B. Harding ; 1857, Ziba Billings; 1860, Levi H. Stevens; 1863, Alvira Gay; 1866, Moses W. Dewitt; 1869, Har- rison Comstock ; 1872, Edwin Stevens; 1875, H. T. Carter ; 1878, Geoorge L. Kennard.

The following prothonotaries have been elected:

1842, George Brown ; 1845, 1848, Peter M. Osterhout; 1851, Thomas A. Miller; 1854, 1857. Daniel D. Dewitt; 1860, 1863, 1878, Ziba Lott ; 1866, 1869, Ephraim J. Keeney ; 1872, 1875, A. B. Fitch.

The county commissioners elected were:

1842, William R. Robinson, Henry Roberts. Gordon Pike; 1843, Gordon Pike; 1844, John Sturdevant, Samuel Harding ; 1845, John Townsend; 1846, Samuel Stark; 1847, Ashbel Lee; 1848, Stephen Capwell; 1849, Cyrus L. Vaughn; 1850, Josiah Rogers; 1851, Joseph Burgess; 1852, David l'atrick ; 1853, M. W. Newberry ; 1854, Josiah Fassett; 1855, James Townsend; 1856, John Lum; 1857, Harrison Comstock ; 1858, Benjamin P. Carver ; 1859, Lewis Armstrong ; 1860, James W. Garoy ; 1861, Francis Hough ; 1862, Theron Vaughn; 1863, Edwin Stevens; 1864, Hiram Bodie ; 1865, Lewis Cook; 1866, G. W. Sherwood; 1867, William B. Overfield ; 1868, William F. Carl ; 1869, George Henning ; 1870, Keim ; 1871, George Jayne; 1872, B. M. Hall; 1873, George W. Stark ; 1874, Calvin Robinson ; 1875, Philip Thomas, Theodore Williams, Reuben Bender ; 1878, John G. llerman, William Siekler, Asa H. Frear.

The population of Wyoming county was 12,540 in 1860, and 14,585 in 1870. The census of 1880 was in progress during the preparation of this work, and showed the population to be 15,684 plus that of Lemon, which we were unable to learn in time to include.

CHAPTER II.

THE BENCH AND THE BAR OF WYOMING COUNTY.

N 1842, when the act creating the county of Wyoming was passed, Hon. William Jessup, of Montrose, was the president judge of the judicial district including the new county. This eminent judge had enjoyed a large ex- perience in the judicial office before assuming the bench in Wyoming, at the first term of court held therein, in the spring of 1843. In 1850 the elective judiciary amendment of the State constitution was rati- fied by a majority of the popular vote, and the commis- sions of the existing judges, who had held their offices by executive appointment, expired soon afterward. On retiring from the bench Judge Jessup opened an office at Montrose. After a few years of practice he was pros- trated by a lingering disease, which incapacitated him for labor of every sort, and of which he finally died. As a jurist Judge Jessup had few superiors. His most con- spicuous characteristic was quickness of comprehension. Generally his opinions were formed on the instant, and

498

HISTORY OF WYOMING COUNTY.

rarely changed. They experienced their full proportion of reversals by the Supreme Court.

Hon. John W. Conyngham, his successor on the bench of Wyoming county, had also enjoyed a considerable ex- perience upon the bench. He resided at Wilkes-Barre. Wyoming county was attached to his district shortly be- fore the elective judiciary amendment went into effect. On the expiration of the commission which he held by appointment he was elected by the people in the fall of 1851 for ten years. In 1856 Luzerne county was made a separate judicial district. In Judge Conyngham's per- formance of official duty friendship and enmity were alike powerless to move him a hair's breadth from the path indicated by his intelligent and conscientious com- prehension of the law. His record is without a blemish.

In 1856 Wyoming, Columbia, Montour and Sullivan counties were formed into a judicial district, and Hon. Warren J. Woodward was appointed president judge thereof. He was elected in the fall of that year and served until 1862; then held the judgeship of Schuylkill county until his promotion to the Supreme Court, of which he was serving his second term as a member at the time of his death, in the fall of 1879. His mental ability was of a high order, and his published opinions in the Supreme Court reports abundantly attest his capacity as a judge.

A. K. Peckham, of Tunkhannock, succeeded Judge Woodward by appointment.

In the fall of 1862 Hon. William Elwell, then of To- wanda, Pa., was elected president judge of this district, and in 1872 he was re-elected, without opposition, for a second term of ten years. By an act of 1874 provision was made for the appointment of an additional law judge, and Thomas J. Ingham, of Laporte, Sullivan county, was appointed. Later in the same session a supplement was passed making a separate district of Wyoming and Sulli- van counties. This act limited Judge Elwell's regular services to the counties of Columbia and Montour. It is entirely safe to say that no Common Pleas judge in the State stands higher in the estimation of the legal pro- fession than he. Mr. Ingham was elected president judge in the fall of 1874, and is still serving.

ASSOCIATE JUDGES.

Perrin Ross, of Tunkhannock borough, and William S. Jayne, of Washington township, were commissioned as associate judges for the county of Wyoming on the 25th of February, 1843. Judge Ross survived his appoint- ment but about one year. Judge Jayne continued in of- fice until the termination of his commission by the elec- tive judiciary amendment. On the 3d of February, 1845, Persifer Lemon, then of Windham township; was com- missioned in place of Judge Ross, and he held the office five years. Sherman D. Phelps, of Tunkhannock bor- ough, was appointed on the 12th of February, 1850. His official term was abridged by the operation of the consti- tutional amendment referred to. In 1851, at the first election of judges, Washington Stansberry, of Tunkhan- nock, and Nicholas Overfield, of Washington township,

were elected associate judges for five years. In 1856 Henry Love, of Mehoopany township, and Ira Avery, of Tunkhannock borough, were elected; in 1861 Samuel Roberts, of Falls, and Dr. Nathan Wells, of Meshoppen. Pending his official term Judge Roberts entered the army, and was killed before Petersburg. In his place Henry Roberts, his father, was appointed on the 27th of July, 1864. Dr. John V. Smith, of Tunkhannock borough, was elected in the fall of the same year for the regular term, and in 1866 Gordon Pike, of North Moreland township, was chosen to succeed Judge Wells. In 1869 Harvey Sickler, of Tunkhannock borough, succeeded Dr. Smith. In 1872 he resigned. C. D. Gearhart, of Tunkhannock borough, was appointed as his successor, and at the ensuing elec- tion he was elected. In 1871 George Osterhout, of Tunk- hannock township, was elected as the successor of Judge Pike. In 1876 James Phoenix, of Monroe township, suc- ceeded Judge Osterhout, and in the fall of 1878 Paul Billings, of Tunkhannock borough, was chosen as the successor of Judge Gearhart.

THE WYOMING COUNTY BAR.

In the formation of Wyoming county a considerable list of causes whose situs was within the limits of the new county were transferred from Luzerne, and this occupied the attention of the Common Pleas largely for several succes- sive terms, giving to the young lawyers ample employment.

About a year before the organization of the new county James Holliday and A. K. Peckham opened offices at Tunkhannock. William H. Miller, having graduated at the Carlisle Law School, opened an office some six months later, and on the Ist of March, 1843, R. R. Little, Esq., having been admitted at Montrose, Susquehanna county, in September of the previous year, also located at the seat of the new county and formed a partnership with Mr. Miller. These were the only law offices in this county until after the first term of court. Mr. Holliday, after the close of the September term of 1843, removed to Milwaukie, Wis. Late in the fall of 1843 Mr. Miller re- turned to Carlisle. Mr. Peckham continued in practice until his death, in 1865. Of the four gentlemen named above Mr. Little is now (February, 1880,) the sole survivor, and he has not yet completed his sixtieth year. With the exception of three terms of Legislative service at Harris- burg and about one year of service as judge advocate of a special naval court at Washington, Mr. Little's life has been spent in the active pursuit of his profession in Wy- oming county, until his recent substantial withdrawal from the practice, on account of the wear and strain of forensic life upon a physical constitution never very ro- bust. His forensic career of about thirty-five years was especially distinguished by his uniform courtesy of de- portment toward the younger members of the bar, and by his fixed purpose to maintain in his own practice the dig- nity, integrity and high character of his profession.

At the first term of court John Brisbin-having just completed his term of study-was admitted, and William M. Piatt, admitted at the ensuing term, formed with Mr. Brisbin the firm of Brisbin & Piatt.

499

THE BAR OF WYOMING COUNTY.

The firm continued until about 1854, when Mr. Brisbin entered the service of the Delaware, Lackawanna and Western Railroad Company, and removed to Scranton. He died at Newark, N. J., on the 3d of February, 1880. Mr. Piatt has practiced here until the present, except a few months in or about 1863 in Towanda, and a senator- ial term at Harrisburg, ending about 1856.

S. S. Winchester was admitted at the September term of 1843, and about ten years later removed to Wilkes- Barre. Edward Elwell, from Bradford county, located at Tunkhannock late in 1843; was associated with Mr. Little in business for about two years, and soon afterward re- moved to Sheboygan, Wis. Elhanan Smith was a member of the bar of this county for ten years from 1844. During a considerable portion of this time he was associated with Mr. Peckham, in the firm of Peckham & Smith; after- ward with F. C. Ross in the firm of Smith & Ross. F. C. Ross was admitted in 1847, opened an office soon afterward and continues in practice. George S. Tutton practiced at Tunkhannock from 1847 until his death, in 1866. B. F. Harding came to the bar of this his native county late in 1847; was associated with Mr. Little- under whose directions he had studied-during the ab- sence of the latter at Harrisburg at the Legislative ses- sion of 1848, and in the spring of that year removed to Illinois. He is now president judge of a judicial dis- trict in Oregon. E. H. Little, Esq., since 1849 a prom- inent member of the bar of Columbia county, associated himself with his brother, R. R. Little, in the fall of 1848, and occupied the office of the latter during his second Legislative term, in 1849. John J .. Millon located at Tunkhannock about 1850; was . soon after appointed prosecuting officer for the county, and died about 1855. Milton Dana located at Tunkhannock about the same time and removed to Texas a few years later.

P. M. Osterhout, Esq., came to the bar of this his native county in 1852-having held the office of protho- notary during the two preceding terms. Mr. Osterhout was associated with Mr. Little two years, and, with the exception of two terms as representative and one as senator at Harrisburg, his practice has been without interruption. During the past few years, from inclination rather than from failure of either physical or mental power, he has withdrawn from the more active and laborious duties of the profession, though he yet appears occasionally in the courts, as active and apparently as vigorous as in his early prime.

R. R. Ross was admitted in 1853, and soon afterward joined his brother, F. C. Ross, in the present firm of F. C. and R. P. Ross. Harvey Sickler came to the bar in 1856, and soon afterward became district attorney. In 1861, or thereabout, he closed his law office, and assumed the charge of the Wyoming Democrat, having published which for several years he sold to its present publisher, and was elected to the office of associate judge. He re- signed in 1872, and has since been practicing. Jacob Dewitt was admitted in 1857, and was associated with Mr. Little until about 1863, when he removed to To- wanda. George P. Knowles was admitted in 1862, and

occupied the office of Judge Peckham that year. When Judge Eiwell succeeded to the bench Mr. Knowles re- moved from this county. Stanley W. Little, Esq., was admitted about 1863; was associated with his uncle, R. R. Little, about one year, when he removed to Bradford county, engaged in mercantile business for a few years, and afterward resumed the practice of law at Towanda, where he still resides. John B. Rhoads was admitted in 1865, and removed to Kansas about 1869. O. L. Parrish came to the bar in 1865. He was register and recorder one term; then practiced till 1872, when he removed to Chicago. W. E. Little, Esq., entered the profession in 1866, and joined his father, R. R. Little, in business in the same year. From 1869 to 1872 he was one of the firm of Little & Sittser, and since about 1872 he and his younger brother, C. A. Little, Esq., have composed the firm of W. E. & C. A. Little. George W. Dewitt, ad- mitted in 1867, was associated with Mr. Osterhout a short time, but never opened a separate office. John A. Sittser came to the bar in 1868; formed a partnership with W. E. Little in 1869, and resumed practice by himself in 1873. He is now associated with Henry Harding in the firm of Sittser & Harding. F. Ansart, Esq., has practiced here since 1870 save while engaged as chief civil engineer in the laying out and construction of the Montrose Rail- way. James W. Piatt was admitted in 1871, and has since been associated with his father, W. M. Piatt. In the fall of 1874 he was elected district attorney. C. A. Little, Esq., was admitted in 1871, and since about 1872 has been a member of the firm of W. E. & C. A. Little. Henry Harding was admitted in 1874 and since 1875 has been a member of the firm of Sittser & Harding. B. W. Lewis, admitted in 1874, has continued in business since. J. Wood Piatt was admitted in 1876, and is associated with his father and brother, W. M. and James W. Piatt. C. O. Dershimer was admitted and elected district attorney in 1877. Charles E. Terry was admitted at the November term of 1879. William A. Wilcox, of Nichol- son borough, was admitted at the January term of 1880. The foregoing, except Mr. Wilcox, have had their offices at Tunkhannock. T. J. Chase was admitted some ten years ago; opened an office in Nicholson, and removed to Wilkes-Barre about three years ago. S. L. Tiffany, admitted about the same time, still has an office in Nicholson.

Mr. Tutton and Judge Peckham died in their prime. With the exception of a term of service as member of the Legislature, the former's practice was without interrup- tion to the time of his death. He was a cautious, pains- taking and strictly upright lawyer, and an accomplished musician; especially eminent as a composer and per- former of band music. Judge Peckham was of an exci- table temperament, and rather aggressive in his method of dealing with opposing witnesses and their testimony, but by no means without self-control. In trials, his chief strength was said to consist in his remarkable ability to make the most of a bad cause by the ingenious use of ir- relevant testimony, and in giving to it an aspect of rele- vancy in his comments to the jury.

500

HISTORY OF WYOMING COUNTY.

As a whole, the bar of Wyoming county has always been a strong one; and, as a rule, the litigated cases have been ably prepared and thoroughly tried.

CHAPTER III.

CANAL AND RAILROAD COMMUNICATIONS IN WYOMING COUNTY.

HE first letting of the North Branch Canal in this county was at Tunkhannock, in 1838. Thaddeus Stevens and John Dickey, as com- missioners, were present. The section through the narrows, or the rock jobs, as they were called, were let at that time. In 1842 the North Branch Canal Company was chartered, but in 1849 the work was resumed by the State and the other sections, through the flats and the rocks, aqueducts, etc., were put under contract. In 1852 the first boat passed up this canal through what is now Wyoming county. It bore the name of "Seth Clover," who was one of the canal commissioners at that time.

The northern division of the Delaware, Lackawanna and Western Railroad passes through the townships of Clinton and Nicholson. It has stations at Factoryville and Nicholson borough. Between them a hill was for- merly surmounted by a zigzag. This is now replaced by a tunnel.

During 1868 the Lehigh Valley Railroad was completed to a point a mile below the borough of Tunkhannock. The telegraph line of the road was completed to this point during the presidential election in that year, and the news of the result was transmitted on that line.

The bridge over the Tunkhannock creek was not com- pleted till 1870. During that year trains ran through to Waverly, where connection was made with the Erie.

In the summer of 1868 an interest began to be felt in the project of a railroad between Montrose and some point on the Pennsylvania and New York Canal and Rail- road Company's road in Wyoming county. At a meeting held in Montrose in January, 1869, "W. H. Jessup and A. J. Turrell were appointed to prepare a charter and obtain an act of incorporation by the Legislature for a railroad from some point on the Lehigh valley road, at or near Tunkhannock or Meshoppen, to the State line of New York, with a view to connecting with the Albany and Susquehanna railroad at Binghamton.". According to a report made January 8th, 1872, the Montrose Rail- road Company was organized at a meeting held in Spring- ville on the 27th of April, 1871, and the following officers were chosen: President, James I. Blakeslee; directors, William H. Cooper, Samuel H. Sayre, H. R. Sherman, Samuel Stark, C. L. Brown, C. M. Gere, D. Thomas, G. E. Palen, W. H. Jessup, S. Tyler, B. F. Blakeslee and Felix Ansart. The survey of the route was commenced May

15th, 1871, and the road was put under contract the same year. Trains ran over it in 1872. The grading, bridging, etc., were done by the company at a cost of $100,000; and by an arrangement with the Pennsylvania and New York Canal and Railroad Company the super- structures were furnished and put on it by the latter, at an expense of $200,000, for which it was paid in the stock of the Montrose Railroad Company at par. The chief engineer was Felix Ansart. The road is equipped with two locomotives, two passenger cars, a baggage and mail car, and the requisite number of flat and box cars. It has declared no dividends, but has paid running ex- penses and interest on its bonded debt, except for the year 1879, in which there was a deficiency of $50. The president is James I. Blakeslee. The directors are Rob- ert Clotz, Charles O. Skeel, S. D. Thomas, H. R. Sher- man, C. M. Gere, William J. Mulford, E. F. Palen, Ben- jamin F. Blakeslee, Sylvanus Tyler, Samuel H. Sayre, Azor Lathrop and Paul Billings.

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History of Luzerne, Lackawanna, and Wyoming counties, Pa.; with illustrations and biographical sketches of some of their prominent men and pioneers, Part 161

Author: Munsell, W.W., & Co., New York Publication date: 1880 Publisher: New York, W.W. Munsell & co. Number of Pages: 900

Author: Munsell, W.W., & Co., New York
Publication date: 1880
Publisher: New York, W.W. Munsell & co.
Number of Pages: 900