History of Lycoming County, Pennsylvania, Part 33

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650

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"We had not gone far after leaving our companions," said Mr. Gamble, " until we heard a terrible racket in the woods to our right. Stopping to learn the cause, we were both as- tonished and paralyzed at seeing a herd of elks loping by us within a few yards. They had evidently been alarmed by something-perhaps our companions-but were soon in the thicket beyond us and out of sight. Looking at Gray, I said, " Tim, why did you not shoot one of those fellows?" This reminded him of having a gun on his shoulder, and a madder man for a moment you could hardly imagine. It demoralized him completely as a hunter for the rest of the trip. and also made him the butt end of witticism for the entire party."

On the following Monday the line was resumed and continued to the Luzerne boundary,

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FIRST JAIL AND COURT HOUSE.

but, like the one run by Judge Stevens, it was wide of the mark, and served only to complicate the question now becoming one of magnitude.

Nothing but legislation could henceforth settle and adjust this chronic difficulty, and the General Assembly, at its next session, on March 8. 1829, enacted a law designating "William Jessup, of Susquehanna county, John Sturdevant. of Luzerne county, and Joseph Stilwell, of Union county, as commissioners, with authority to fix the corner of the counties of Lycoming, Bradford, and Tioga, at or near the Beaver Dams at the head of Towanda creek, in conformity with and according to the existing laws on this subject, and when so fixed to run the lines from said corner to the point designated by law."

Of this commission Joseph Stilwell declined to act, which rendered it nugatory for that year. On the 14th of March, 1831, a supplement was enacted appointing Joseph F. Quay, of Centre, to fill the vacancy, and empowering the Governor to fill any future vacancies which might occur. William Jessup subsequently declined also, and Charles Treziyulny, of Centre, was appointed to fill his place. All the commissioners were surveyors and otherwise competent persons. They met and proceeded to the discharge of the duty assigned them in May of the same year, 1831.

After fixing the corner of Bradford, Lycoming, and Tioga, near the Beaver Dam on To- wanda creek, they ran a testing line through to Luzerne, and then fixed the corner of Bradford and Lycoming on the line of the former, between those made by Stevens and Gamble. From this they ran back, marking their line conspicuously to the established corner at the Beaver Dam. Most of this line was run by Henry W. Treziyulny, son of one of the commissioners, then a young man. The distance from corner to corner they returned as thirty-three miles and fifty-two perches. All parties interested have ever since respected their work as final.

THE NEW COURT HOUSE.

For years the court house was admired by the people and they pointed to it with pride as a model building. When the population and business increased a demand was made by the younger class for a larger and more modern building, but the old men could not entertain such an idea. "Look at it," they would say; " it was built when men did their work honestly." This feeling was so strong among the ruling class that public opinion could not be brought to consent to its being demolished. But the growth of the country was so rapid that it became apparent that the quaint old structure, with its curiously arranged court room and offices, must give way to the spirit of public improvement. It had stood there for sixty years, but it could not remain forever.

In 1858 the commissioners employed William Fink to furnish drawings for an addition to the old court house; but when they came to remove the roof and exam- ine the walls, they were found to be so poorly constructed that they could not be utilized and it was evident that a new building would have to be erected. Samuel Sloan, an architect of Philadelphia, was engaged to furnish plans for a new build- ing, and April 26, 1860, they were accepted. In the meantime a contract had been made with ex-Sheriff Rissell to do the work.

The contractor commenced rebuilding early in the spring of 1860, and pushed it with such vigor that the building was completed and ready for occupancy at March sessions, 1861. In the meantime the courts were held in Doebler's and Youngman's halls-the former being located on Pine street, and the latter on East Third street. The dimensions of the present court house are 116 feet 11 inches in length by 60 feet in width. It has projecting corners of 3 feet each way, making the entire length 122 feet 11 inches, and the width 66 feet. The first story is 12 feet 6 inches from floor to floor, and it contains offices for all the county officers, besides a chamber

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HISTORY OF LYCOMING COUNTY.

for the president judge. The second story contains the main court room, with a high ornamented ceiling, a jury room, and a room which was used by the United States and circuit courts until other accommodations were provided for them in the new postoffice building in 1891. On the third story are jury rooms, and rooms for the meetings of the institutes held by the city teachers. The building stands in the center of a handsome square comprising Lots 177, 178, 179, and 180 of the original plot of the city, bounded on the south by West Third street and on the west by Pine street. The building originally cost $41,030, but it has undergone so many changes and improvements inside that it has cost the county up to this time nearly, if not altogether, $100,000. It is very conveniently arranged inside; is supplied with fire proof vaults for the public records, and an air of comfort and safety per- vades every department.

. The first court held in the new building was March sessions, 1861, and in the opening of his charge to the grand jury Judge Jordan said:

I congratulate you, the members of the bar, the officers of this court, and all who have business to transact in court, in the pleasant change from a small, inconvenient, unhealthy court room, to a permanent, beautiful, and convenient building; a building alike creditable to the citizens of Lycoming county, to the gentlemen who projected it, to the architect who planned it, the commissioners who contracted for it, and the mechanics who faithfully labored in its construction and completion.

On a stone tablet, embedded high up in the brick wall in the southwestern cor- ner, this inscription may be seen:

1860. Michael Sypher) Thomas Lloyd Samuel Harris

Commissioners.

Samuel Sloan, Architect. D. S. Rissell, Builder.

The same bell that was placed in the belfry of the original court house is in the present one; and the same "Image " ornaments the present dome. It is the repre- sentation of a female poising the scales of justice, but she is not blinded as was the custom of the ancients.

The same clock that was placed in position iu 1861 notes the passing hours, with a face for the four cardinal points. In April, 1854, on the recommenda- tion of Dr. S. Pollock, foreman of the grand jury, the commissioners were authorized to appropriate $200 towards its purchase. This sum being insuffi- cient the deficiency was made up by private cortributions. It was made in Cazenovia, New York, and cost $400. The original dials were of wood, but they were soon supplanted by glass, and the belfry is illuminated by gas at night so that the fleeting hours can be noted.

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THE BENCH AND BAR.

CHAPTER XVII.

THE BENCH AND BAR.

WHERE THE EARLY COURTS WERE HELD-EXTRACTS FROM THE RECORDS SHOWING SOME OF THE FIRST CASES TRIED-THE COURT MOVES FROM JAYSBURG-AMUSING INCIDENTS AT THE RUSSELL INN AND THE RISING SUN-PRESIDENT JUDGES OF THE LYCOMING COURTS-UNITED STATES AND DISTRICT COURTS-ASSOCIATE JUDGES-DISTRICT ATTORNEYS-FIRST ATTOR- NEYS-THE LAWYERS OF A LATER DATE-THE BAR OF TO-DAY-ATTORNEYS LIVING ABROAD-LYCOMING BAR ASSOCIATION.

T HE first courts of Lycoming county were held at Jaysburg. The details of organ- ization have been given in a preceding chapter. The first meeting was proba- bly at the house of Thomas Caldwell. The court had a prothonotary, but no other officers. Little, therefore, could be done until a sheriff and commissioners were elected. These officers were chosen in October, 1795, and on the 28th of the same month, Sheriff Stewart filed his bond and took the oath of office. The commission- ers, according to their own record, met " in open court of general quarter sessions of the peace and common pleas," December 1, 1795, "and took the oath of office." This was the second time the court had met. It is not likely any quarter sessions business was transacted at the first meeting. That there was regular quarter ses- sions court in November and December there is no doubt, for the official records, still in a good state of preservation, establish this fact beyond question. A copy of an indictment for one of the first, if not the first, cases which came before this court, is given herewith, on account of the importance of the parties involved:

Republica

Richard Martin. S 0. Assault and battery.

Lycoming County, of November sessions, 1795, 88.

The grand inquest for the body of the county of Lycoming upon their oaths and affirmations respectively do present, that Richard Martin, late of the county aforesaid, yeoman, upou the thirteenth day of October, at the county aforesaid, in the year of our Lord one thousand seven hundred and ninety-five, and within the jurisdiction of this court, in and upon a certain Mi- chael Ross, in the peace of God and this Commonwealth then and there being, an assault did make, and him the said Michael then and there did beat, wound, maltreat, and other wrongs to him the said Michael then and there did, to the great damage of him the said Michael and against the peace and dignity of the Commonwealth of Pennsylvania, etc.

Testes:

Michael Ross, James Stewart.

J. INGERSOLL, Atty. Gen.

The indictment is endorsed: "A true bill, Robert Crawford." He was foreman of the first grand jury. A further endorsement of the indictment reads : "Defendant submits." What penalty was imposed we are uninformed. Likely the prosecution was dropped on the payment of costs and a small fine.

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HISTORY OF LYCOMING COUNTY.

Richard Martin was a son of Robert Martin, who built a mill at Newberry as early as 1798. Michael Ross was the founder of Williamsport. The Martins were res- idents of Jaysburg. And as bad blood existed between the two factions regarding the location of the county seat, it is likely this case of assault and battery grew out of this matter.

This session of court was held at Jaysburg, either in the Dunlap tavern, or the building which had been rented for a " temporary jail. "

In the meantime the commissioners appointed by the Governor to select a site for the county buildings had performed their duty by choosing Williamsport, and had made their " final " report to the secretary of the Commonwealth and drawn their per diem from the treasury at Northumberland. This action necessitated the removal of the court to the county seat.

THE COURT MOVES FROM JAYSBURG.

After the court emigrated to the east side of Lycoming creek temporary quar- ters were fitted up in the public house of Eleanor Winter, which stood near what is now the corner of Fourth and Rose streets. A tradition has long prevailed that the barn was fitted up for judicial purposes, but Miss Ellen Harris, of Bellefonte, says there is no truth in it; that a room in her grandmother's house was used by the court, and there the quarter sessions for 1796 were held. Among the first indictments before this court was one charging Hannah Hallet with having on the 8th of November, 1795, stolen the following articles from William Hepburn, Esq. : "One muslin hand- kerchief of the value of ten shillings, one shift of the value of ten shillings, one skein of woolen yarn of the value of one shilling. " James McClure signed the indict- ment as foreman of the grand jury, and Christina Hepburn and William Tharp appeared as witnesses. What disposition was made of the culprit does not appear. Additional interest centers in this case from the fact that the goods were stolen from the president judge of the court, and the principal witness was his wife.

The appearance docket for this court is still in existence, and as none for any previous term can be found, we conclude that this was the first court for the trial of civil causes in Lycoming county. Case No. 1 is as follows:

David Turner 0. 1. Capias and debt £500.

James Lowery

February 2, 1796. Rule to plead. May term, 1796. Rule to show cause.

Walker appears as counsel for the plaintiff and Newton for defendant.

No disposition appears to have been made for Nos. 2 and 3. No. 4 is thus entered:

James Caldwell v. 4. David Stephenson

February term, 1796. Rule that plaintiff proceed to trial at next term or nonsuit. In this · case counsel agree to take no advantage on account of the court's jurisdiction in this district.

That not more than three terms of court were held at the Winter place is evi- denced by the following entry in the minute book of the commissioners, September 11, 1797:

The commissioners issued an order on the treasurer in favor of Eleanor Winter for three courts sitting in her house, etc., until this date, $30. £11 5s.

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THE BENCH AND BAR.

AMUSING INCIDENTS.

While the courts were held at the Winter place some amusing incidents are reported to have occurred, which serve to illustrate the crudity of the times. On one occasion a witness became impertinent and made a remark which reflected on the integrity of Judge Hepburn, the presiding officer. This was too much. The court immediately forgot its dignity, and leaving the bench, came down on the floor to physically punish the offending witness. Tradition does not inform us how the affair ended, but it is probable that through the intercession of members of the bar and others, peace was restored and resumed. That the affair occurred there is little doubt. It shows the bitterness of feeling that existed at that time between the Williamsport and Jaysburg factions. Judge Hepburn was accused of using questionable methods to secure the location of the county seat at Williamsport, and if the person making the offensive remark was a Jaysburger, that was probably the cause of the unseemly disturbance in court.

Another incident gathered from the lips of Miss Ellen Harris is worth repeating. Some one attending the court brought several hounds one day, coupled together with a light chain. Mrs. Winter had prepared a fine dinner. The table was covered with a costly set of china dishes, which had been a wedding gift from her mother, and considerable style was being observed for those primitive days. When dinner was announced the dogs, scenting the viands, rushed in and dashing under the table over- turned it and broke every piece of china but two plates, and caused general conster - nation! One of these plates descended to Miss Harris, and although she is now in her eighty-third year, she has carefully preserved it as a souvenir, and it may be seen at her house. As Samuel Wallis, one of the associate judges, is credited with being the first man to introduce English hounds into this valley, it is probable that the pack followed him to court and caused the crash in the dining room of Mrs. Winter!

Judging from the number of indictments found, there was considerable criminal business before the court in 1796. At the August sessions Samuel Jordan, keeper of the "temporary jail," at Jaysburg, was indicted for "keeping public house without license," and Robert McElrath was indicted for the same offense. The lat- ter was the father of Thomas McElrath, who aided Horace Greeley to found the New York Tribune.

AT THE RUSSELL INN AND THE RISING SUN.

From here the court again emigrated eastward over a mile, and located at the Russell Inn, which stood on the corner of what is now East Third and Mulberry streets. It was a double log house, and accommodations for the court were probably secured in one end of the building. Several terms of court were held here, as the following minute from the books of the commissioners shows:

September 7, 1797 .- The commissioners issued an order in favor of James Russell for £23 16s 5d, the amount of his bill for the court sitting in his house, and other expenses, until this date. £23 16s 5d.

The court continued to be held at the Russell Inn, according to the following entry in the commissioners' minute book:

February 1, 1798 .- Issued an order on the treasurer in favor of James Russell for £7 19s 41gd, for the court sitting in his house, December term, 1797, and January term, 1798, and for wood and candles, etc. £7 19s 412d.

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HISTORY OF LYCOMING COUNTY.

Election frauds seem to have been an early development in the history of the county, as the following strong presentment by the grand jury to the court of quar- ter sessions for December, 1798, shows:

To the Honorable the Justices of the Court of Quarter Sessions of the Peace for the County of Lycom- ing, at their Sessions of December, 1797:

The grand inquest for the body of the county of Lycoming do present, that it is essential to the well being of all governments whose administration derive their power by delegation from the people that elections, the organs of the public will, should be conducted with the utmost integrity and fairness; that it is the duty of tribunals having power to examine them to check any and the least approaches to fraud, imposition, or malpractice in conducting them, and prove themselves to be, as by law they are bound, upright guardians of the privileges and interests of the community; that when the bulwark of all free government is invaded with impunity, and fraud and corruption pass in public view uncomplained of, unauswered, and unobserved, it is a mournful yet certain evidence that the people no longer deserve to be free, and that their rulers are influenced by other considerations than the public good.

Influenced by these considerations, we hold ourselves bound by our oaths, and by our love for public justice, and indignation at the commission of fraud, to present as a public grievance the conduct of the officers conducting the Second district of the late general election for the county aforesaid, and to impeach the same for and on account of fraud, imposition, and malprac- tice used thereat to the damage and oppression of the citizens of the county aforesaid, to the evil example of others in the like case offending, and against the peace and dignity of the Commonwealth of Penusylvania. The facts on which the grand iuquest ground this complaint and presentment, not only appeared to them, but are of public notoriety, offending the ears of every one; the officers aforesaid so conducting the said Second district of the second election have admitted persons to vote who resided out of the county; they have allowed this freedom to young persons not of the age of discretion and under the age of twenty-one years. These frauds upon the manifestation of the public will, with others that no doubt will arise to view upon a further investigation, are the grounds upon which the grand inquest call upon the court in an especial manner to inquire into the premises and cause justice to be respected, by relieving the oppressed and punishing the guilty. These are also the grounds upon which we pray your Honors not to record the return of the election for commissiouer, wherein Henry Donnel is declared to be duly elected, before they are examined into. We call upon your Honors in the name of the county of Lycoming to enter into the examination and impartially to hear the complaints of the citizens, so that the people shall know that the laws are to prevail and evil doers fear to invade them.

[Signed.] George Craus, foreman, John Cummings, Thomas Reed, William Dunn, John Sutton, John McKinney, George Quigley, John Montgomery, Amos Sturgis, Richard Martin, James McClure, William Morrison, J. Huliug.

This was a majority of the panel. The offence must have been a grave one to call forth such an earnest appeal. The Second election district was composed of the township of Muncy and part of Washington, and the voting place was at the house of Henry Shoemaker, Jr., in the former. That the conrt took cognizance of the appeal and an investigation was ordered, is shown by an entry in the books of the commissioners, January 5, 1798, which states that on that date they issued schedules or copies of the list of taxables in each election district for the use of the committee of the House of Representatives in making the investigation. It would seem that Donnel was arrested, for he appears in the records as only serving one year (1797) as commissioner.

Considerable business came before this session of court. Among those indicted for keeping "tippling houses" was James Russell, and Eleanor Winter, of Williamsport, Sarah Whitacre, of Muncy, and Jacob Teeple and John Bennett, of

تأمل

Nuan Hourumm

.7.

277

THE BENCH AND BAR.

Lycoming township. Indeed, there appear to have been more cases of this kind before the early courts than any others. The house of Eleanor Winter, and the Russell Inn, at both of which the courts had been held, early fell under the ban of the law. The presence of those whose duty it was to administer the law did not seem to have a salutary effect on the owners of these inns.

As the town increased the proprietor of the Russel Inn found it necessary to have more room to accommodate his customers, and it was intimated that the court could no longer be furnished with a room. Perhaps his experience with the court had not been agreeable.

Another move, therefore, was decided on. Quarters were found at the house of Thomas Huston, on East Third street, at what is now known as Nos. 22 and 24. This house also was an inn. It was built by Mr. Huston for that purpose and called the Rising Sun. It afterwards became the property of "Paragon " Pickles and he put up the sign of the Lion. James Cummings soon afterwards purchased the property, and lastly Mr. Heiveley, who lived there a long time. In later years it was known as "Heiveley's tavern." At least two sessions of court were held here, according to the following entry in the commissioners' minute book:

May 4, 1799 .- Order in favor of Thomas Huston for $43.02 for court sitting in his house, etc., as per bill rendered. $43.02.

From Huston's Rising Sun tavern the court next found a refuge in a small log building, which had been erected on the southwest corner of the present court house square, opposite the Citizens' National Bank. This was about one square further westward. Just when the court removed here it is not possible to state, but it must have been for the third or fourth sessions of 1799. Here it is supposed the county offices had been removed from Jaysburg, and here the court remained until the new court house, but a few yards away, was completed and ready for occupancy in 1804.

A part of this building was used for the confinement of prisoners under the charge of Thomas McElrath as jailer; and, according to an advertisement in the Gazette of August 9, 1809, it was offered at public sale. It probably belonged to the county.

At February sessions, 1800, the following constables appeared and made their returns: Daniel Courson, Muncy township; David Walton, Muncy Creek; William Benjamin, Loyalsock; James Read, Pine Creek; James Hays, Bald Eagle; Benja- min Huff, Wayne.

An interesting case came before this term of court-interesting from the fact that it was for assault and battery on the high sheriff of the county.

The record is as follows:

Republica versus Assault and battery.

John Shaffer, Sr., John Shaffer, Jr ..

Indicted for assault and battery on John Cummings, sheriff, aud Gabriel Morrison. True bill.

JAMES McMICKEN, Foreman.

Robert Boyd, a witness for the respondent and his recognizance, appeared and testified, and bis forfeiture was taken off.

And now to wit, the 5th of February, 1800, the defendants being severally called, appear and plead guilty and submit to the court, protesting their innocence. Judgment that John

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HISTORY OF LYCOMING COUNTY. .

Shaffer, Sr., pay a fine of $20 for the support of the government, pay the costs of prosecu- tion. and stand committed until the sentence is complied with; and that John Shaffer the younger be imprisoned for one calendar month, pay a fine of $20 for the support of the government, costs of prosecution. and stand committed until the sentence is complied with.

The indictment of the same parties for assaulting Gabriel Morrison was ignored. The cause for the assault is not stated, but it very likely occurred when the sheriff was in the line of his official duty.

At December sessions, 1800, James Russell, of the Russell Inn. was again indicted for keeping a tippling house, but the bill was nol. prossed. At February sessions, 1801, Daniel Buck was indicted for assault and battery on Jacob Manvel. A true bill was found, and when his case was called he plead "not guilty," and "put himself on his country." The subsequent day, February 4th, he withdrew his plea and plead guilty. The sentence of the court was that he pay a fine of one cent for the support of the government, pay the costs, etc. The costs amounted to $7.87.

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History of Lycoming County, Pennsylvania, Part 33

Author: edited by John F. Meginness Publication date: 1892 Publisher: Chicago, Ill. : Brown, Runk Number of Pages: 1650

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650