History of Lycoming County, Pennsylvania, Part 34

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

USA > Pennsylvania > Lycoming County > History of Lycoming County, Pennsylvania > Part 34

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).

PRESIDENT JUDGES OF THE LYCOMING COURTS.

When Lycoming was set off from Northumberland county, she became a part of the IIId judicial district. of which Jacob Rush was president judge; the act creat- ing this county provided that his jurisdiction in Lycoming should be the same as belonged to president judges in other counties of the State. He was a brother of the celebrated Dr. Benjamin Rush; was born near Philadelphia in 1746; graduated at Princeton in 1765; and was for many years president of the court of common pleas, Philadelphia, where he died, January 5, 1820.

Although William Hepburn was without legal learning, he discharged the responsible duties of judge with ability and fairness. He was born in County Donegal, Ireland, in 1753, and arrived in the West Branch valley about 1773. At first he was employed by Culbertson in digging the race for his mill which he was preparing to build at the mouth of Mosquito creek. On the breaking out of the Indian troubles he took an active part in protecting the frontier settlers and soon rose to the rank of colonel, with headquarters at Fort Muncy. He proved himself a thorough soldier, and his name frequently occurs in the Colonial Records. In 1794 he was sent to the State Senate and was instrumental in having Lycoming county organized. Judge Hepburn was twice married, and was the father of nineteen children. His first wife, whom he married in 1777, was Crecy Covenhoven, a sister of the famous scout, spy, and soldier, Robert Covenhoven. She died, April 8, 1800, aged seventy-one years, leaving three sons and seven daughters. He married, sec- ond, Elizabeth Huston, daughter of Thomas and Jane Huston, of Williamsport, and sister of Charles Huston, the eminent lawyer and judge of the Supreme court. The fruits of this marriage were four sons and five daughters. All are deceased but one daughter, now nearly ninety years old. Judge Hepburn died, June 25, 1821, aged sixty-eight years. His wife survived him until November 21, 1827, when she passed awa'y, aged forty-eight years. Both died in the old-fashioned brick house, now stand- ing at the foot of Park street, Williamsport. It is a noted landmark and should be carefully preserved on account of its antiquity and the historical associations which cluster around it. Judge Hepburn and wife were buried in the Fourth Street graveyard, near the graves of those who were so cruelly slain in the Indian

279

THE BENCH AND BAR.

massacre of 1778, and whose bodies he assisted in burying. The remains of himself and wife were afterwards transferred to Wildwood.

While Lycoming county was in the IIId district, many of the executions and other official papers were issned by Judge Hepburn, his name and that of Judge Rush each appearing on them during that period. The justices of the Supreme court of the State held courts of nisi prius for the district at Sunbury before the beginning of this century. The records show that at the October assizes, 1796, before Justices Yeates and Smith, a case was heard involving lands on "Loyalsock and Muncy creeks;" and at the October assizes, 1798, before the same justices, a case of ejectment for lands in Lycoming township was heard. Nisi prius courts were abolished, March 20, 1799, and circuit courts were authorized. After Lycom- ing became a part of the VIIIth district, February 24, 1806, the following judges presided over her courts.

Thomas Cooper was appointed, March 1, 1806. He was born in London, October 22, 1759; educated at Oxford, and became a noted chemist, and acquired an extensive knowledge of law and medicine. He was expelled from England on account of favoring the French Revolution of 1798, and incurring the disfavor of Burke, who threatened him with prosecution. On coming to America he joined his friend, Dr. Joseph Priestley, at Northumberland, also an exile. Governor Mckean appointed him to the bench, but owing to his peculiar notions and irascible temper, he soon came in conflict with the bar, which lead to his impeachment and removal in 1811. His district was composed of the counties of Northumberland, Luzerne, and Lycoming. One of the charges against him at his trial was "that he appeared armed with deadly weapons at the court house in Williamsport." He admitted that the charge was true, but did so because some one had threatened him with personal violence. After his removal he became a professor of chemistry at Dickin- son College, Carlisle, and subsequently died in South Carolina at the age of eighty- one.

Hon. Seth Chapman was appointed his successor, July 10, 1811, and remained on the bench until October 10, 1833. He was born, January 23, 1771; studied law and was admitted to the bar, when he settled at Northumberland. Judge Chap- man, although talented, became very slothful and neglected his judicial business to such an extent that articles of impeachment were preferred against him. He was tried and acquitted, when he resigned, after being on the bench twenty-two years. He died at Northumberland, December 4, 1834, aged almost sixty-four years.

Hon. Ellis Lewis was commissioned president judge of the district, October 14, 1833, and resigned, January 14, 1843. This eminent jurist was born at Lewisberry, York county, Pennsylvania, in May, 1798. He was apprenticed to learn the trade of a printer with John Wyeth, at Harrisburg, in 1814, but ran away and a reward of $20 was offered for him. He came to Williamsport in 1819 or 1820, and asso- ciated himself with J. K. Torbert in the publication of the Lycoming Gazette. Having a taste for the law he read under Espy Van Horn and was admitted, Septem- ber 2, 1822, Thomas Burnside, Samuel Hepburn, and Alem Marr, the committee, having reported him favorably to the court. In 1829 he located at Wellsboro and became prosecuting attorney for Tioga county. Next we find him at Towanda, Bradford county, where he rose rapidly in public favor. In 1832 he was sent to the

280

HISTORY OF LYCOMING COUNTY ..

Lower House of the legislature from that county, and in January, 1833, he became attorney general for Pennsylvania. In October of the same year Governor Wolf commissioned him president judge of the district composed of the counties of Lyco- ming, Northumberland, Union, and Columbia, and he took up his residence in Williamsport. After serving ten years he was appointed president judge of the Lancaster district, January, 1843, and in October, 1851, he was elevated to the Supreme bench, and on November 17. 1854, he became chief justice, which high position he retained until November 17, 1857. He declined a renomination and retired to private life. Judge Lewis was a member of the commission to revise the criminal code of Pennsylvania in 1858. During his earlier years he studied medi- cine, and the knowledge thus derived of medical jurisprudence secured for him the honorary degree of M. D. from the Philadelphia College of Medicine; he also received the degree of L.L. D. from Transylvania University, Lexington, Kentucky, and Jefferson College, Cannonsburg, Pennsylvania. In addition to his judicial labors he found time to prepare a work entitled, "Abridgement of the Criminal Law of the United States." And he frequently contributed to periodical publica- tions of the day on literary topics. Judge Lewis, about 1826 or 1827, married Miss Wallis, daughter of Joseph J. Wallis, of Williamsport. They had two sons and one daughter. The latter, Juliet, married Hon. James H. Campbell and they reside in Philadelphia. James, the youngest of the family, entered the marine service. Judge Lewis died at Philadelphia, March 19, 1871.

Charles G. Donnel succeeded Judge Lewis on the bench of the VIIIth district. He was born at Williamsport, March 14, 1801, son of Henry and Margaret (Gobin) Donnel. His father was one of the early commissioners of Lycoming county, and · his maternal grandfather was concerned in building the first court house. He read law with Ebenezer Greenough, of Sunbury, where his parents had taken up their residence, and was admitted at April sessions, 1822. In 1829 he was appointed deputy attorney general for his adopted county and served four years. He was commissioned president judge, January 14, 1843, by Governor Porter, and took the oath of office two days later. Judge Donnel's judicial career was cut short by his sudden death, which occurred March 16, 1844. His widow, now quite aged, lives at Sunbury.

Joseph Biles Anthony was appointed to succeed Judge Donnel by Governor Porter in 1844. He was born at Philadelphia, June 19, 1795; graduated at Prince- ton, and took up his residence at Milton, and while engaged in teaching in the academy at that place, read law with Samuel Hepburn and was admitted, November 26, 1817. He then made a journey to Ohio, but finding no place to locate, returned and settled permanently at Williamsport, where he was admitted in 1818. Mr. Anthony took an active part in politics and was sent to the State Senate in 1830, and four years later to Congress, and after serving one term he was re-elected. So popular had he become with the people that at his last election he was chosen by an unprecedented majority, carrying every township in every county of his district, and every ward in every borough.

Before his appointment to the bench of this district he was appointed judge of the Nicholson court of Pennsylvania, a court established to settle titles to vast tracts of land lying principally in the northwestern part of the State.

281

THE BENCH AND BAR.

Judge Anthony was strong intellectually and a great lover of amusement. He possessed a fund of anecdote which made his company much sought after. His humor would crop out on all occasions, no matter whether the subject was grave or gay, and he never failed to excite the risibilities of those around him. In his per- sonal appearance he was a handsome man, of rotund figure, cleanly shaven face, and of medium size.

As a judge he was guided by a stern integrity of purpose, and distributed justice with impartiality; while his honesty of character won for him the good opinions of all good men. He died at his home in Williamsport, January 10, 1851, greatly regretted by all his friends. His last words were: "It is folly, it is folly; we must leave it all." A white marble tablet marks his grave in the Williamsport cemetery.

Judge Anthony married Miss Grafius of Williamsport. They had one son and six daughters. All are deceased. The daughters married as follows: Elizabeth R. became the wife of John R. Campbell; Martha B., of Hepburn McClure; Catharine G., of Henry White; Mary V., of Dr. Charles L. Lyon; Rachel A., of James B. Montgomery, and Emily, of John Morgan.

James Pollock, of Milton, who had already achieved high political distinction as a member of Congress, was appointed by Governor Johnston president judge of the VIIIth judicial district, January 16, 1851, vice Anthony, deceased. He was born in Milton, September 11, 1810, and died in Lock Haven, Pennsylvania, April 19, 1890. at the house of his son-in-law, H. T. Harvey, Esq. Judge Pollock's commission expired, December 1, 1851, after having filled out the unexpired portion of Judge Anthony's term, and he returned to the practice of the law, having been admitted November 5, 1833. He was elected Governor in 1854, served his term of three years, and in 1861 he was appointed a member of the Crittenden Peace Conference and met with that body at Washington. In May, 1861, President Lincoln appointed him director of the United States mint at Philadelphia. He retired in 1866, but was reinstated by President Grant in 1869, and in 1873 became superintendent of that institution. The legend, " In God We Trust," stamped on our national coins, was originally suggested by him and adopted by the Secretary of the Treasury. In 1879 he was appointed naval officer at Philadelphia, and held that office four years. His last official position was that of Federal chief supervisor of elections, to which he was appointed in 1886. Governor Pollock took an active part during the war and by speech and otherwise rendered the government valuable service.

By the amendment of 1850 the office of president judge was made elective and the term of service fixed at ten years. Following this came the act of April 15, 1851, rearranging the judicial districts, and the VIIIth was constituted as follows: North- umberland, Lycoming, Centre, and Clinton.

Alexander Jordan succeeded Judge Pollock by election in October, 1851, and was commissioned November 6th following. He served until February 28, 1868, when the county was made a separate district. He was born at Jaysburg, May 19, 1798, and was a son of Samuel and Rosanna (McClester) Jordan. His father was an early settler in Jaysburg and became the keeper of the first jail, which office he filled until the new prison was built in Williamsport in 1801. He was a boatman and pilot by occupation and followed the river. About 1802 Samuel Jordan removed his family to Milton and settled there. Here Alexander received his rudimentary

282

HISTORY OF LYCOMING COUNTY.

education. During the war of 1812, when a mere lad, he marched across the State with the militia to Meadville, and performed the duties of deputy commissary for a short time. Returning from this military expedition he entered a store in Milton as a clerk and remained for several years. Hugh Bellas was then prothonotary of Northumberland county, and he secured a position under him as deputy. While serving in this capacity he read law, and finally, after some delay, was admitted, April 19, 1820. He served as deputy prothonotary under George W. Brown and Andrew Albright. He was successful at the bar. In 1826 he was appointed pro- thonotary for the Supreme court for the Middle district, which was a great benefit to him, as it brought him in contact with many leading people. In politics he was a Democrat, and when he ran for judge he received a large majority on account of his recognized abilities and personal popularity. He took the oath of office, November 28, 1851, and at the expiration of his term he was re-elected and served until 1871, a period of twenty years. After Lycoming was taken from his district he did not preside here. Judge Jordan was twice married. He always cherished a fond recol- lection for the place of his birth, and although the little village went into decline when Williamsport was selected for the public buildings, and soon became extinct, he frequently, while holding court, visited the spot and pondered over the scenes of his boyhood. His death occurred at Sunbury, October 5, 1878.

In the winter of 1868 Peter Herdic and his friends conceived the idea of having Lycoming county made a separate judicial district, as it came within the require- ments of the Constitution as to population. A bill was prepared and introduced. It promptly passed and was approved by Governor Geary, February 28, 1868. This act authorized the Governor to appoint a suitable person president judge, who should hold the office until the first Monday of December, 1868. And it provided, furthermore, that in the meantime a judge should be elected on the second Tuesday of October of that year to serve for ten years.

On the passage of the act Governor Geary appointed B. S. Bentley president judge of the new district, which was designated the XXIXth, and he immediately assumed the duties of his office. When the time for holding the election approached Judge Bentley was nominated by the Republicans and James Gamble by the Demo- crats. A warm campaign ensued and the election resulted in the choice of Mr. Gamble. He was duly commissioned and took his seat on the bench.

When the next legislature assembled a bill was introduced, at the instigation of Peter Herdic, repealing the act creating the XXIXth district and annexing Lycom- ing to the IVth district, which was composed of Tioga, Potter, Mckean, Elk, and Clearfield counties. It was rushed through the legislature-because in those days Herdic wielded great influence at Harrisburg-and was approved, March 16, 1869. Suddenly and unexpectedly Judge Gamble found himself legislated out of office. This sudden change in judicial affairs caused a great sensation. Judge Gamble and his friends doubted the legality of the measure, and they took steps promptly to bring it before the Supreme court. It was argued in Philadelphia, (see State Reports, P. F. Smith, 12, page 343,) when the court decided that the act of March 16th was " unconstitutional and void and of no effect;" or, in other words, a legislat- ive act which infringes on the tenure of judges is invalid, and Judge Gamble retained his seat on the bench and served out his term.

283

THE BENCH AND BAR.

B. S. Bentley was a native of Cairo, Greene county, New York, where he was born early in the century; was educated at Hamilton, studied law at Montrose, Pennsylvania, with Hon. William Jessup, and was admitted in 1839. He practiced at Montrose until 1866, when he came to Williamsport in October of that year and settled. He was the first president judge of Lycoming county after it became a separate judicial district, and served until January, 1869. When Lackawanna county was erected in 1878 he was appointed president judge of that district and served from August, 1878, to January, 1880, when he returned to Williamsport and resumed his law practice. Judge Bentley died, March 6, 1882.

James Gamble, who was chosen president judge at the October election of 1868, was born near Jersey Shore, January 28, 1809. He was chiefly educated in the Jersey Shore Academy, and after leaving school learned the trade of a tanner. Early in life he evinced a taste for the law, and entering the office of A. V. Parsons, then a resident of Jersey Shore, studied under his direction and was admitted in December, 1833. The following January he was appointed county treasurer and served two years. Returning to Jersey Shore he entered on the practice of his pro- fession in 1836. In 1841 he was sent to the Lower House of the legislature, and returned in 1842. After the expiration of his service at Harrisburg he returned home and resumed his profession, which he followed closely for seven years. In 1850 he received the Democratic nomination for Congress in the XVIth district, composed of the counties of Lycoming, Clinton, Sullivan, Union, and Northumberland, and was elected. He was renominated in 1852 and elected from a new district embracing the counties of Lycoming, Clinton, Centre, Mifflin, and Clearfield. Having closed his congressional service in 1855 he again returned to the law and continued in the quiet pursuit of his profession until called to the bench. During his service of ten years many exciting and important causes came before him for adjudication, but he discharged his duties with such ability and impartiality as to win the respect and confidence of the people, and retired from the office with high honors, January 6, 1879. Judge Gamble was courteous and dignified in his manners and always pleasant and sociable. He married Miss Elizabeth Breueman, of Columbia, Lan- caster county, Pennsylvania. Four children were the fruits of the union-two sons and two daughters-and one of each survives. From early life Judge Gamble was a member of the Presbyterian church and took an active interest in its welfare. His last public service was in the capacity of master in chancery, with Judge Bentley and Judge Samuel Linn, to distribute the relief fund contributed to the sufferers by the Milton fire. They were appointed by Judge Rockefeller and per- formed the delicate work assigned them with fidelity.

Hugh Hart Cummin was the successor of Judge Gamble. When the time came to select candidates for the office the Democrats nominated John J. Metzger, Esq. The Republicans being in the minority did not nominate a candidate, but expressed a willingness to unite with those Democrats who were not in sympathy with the nominee of their party, and run an independent or People's candidate. After sev- eral conferences this plan was adopted and Mr. Cummin was selected. In politics he was a Democrat, but took sides with that element which believed that the ques- tion of selecting a judge should be one entirely free from political bias. The Green- back party, however, which was a factor in the politics of the times, refused to join

284

HISTORY OF LYCOMING COUNTY.

the coalition, and nominated George W. Youngman, Esq., one of the oldest mem- bers of the bar. Thus the judicial battle was joined and after an exciting three- cornered campaign, which was not entirely free from bitterness on the part of the friends of Cummin and Metzger, resulted November 5, 1878, in the election of Cum- min by 305 plurality. Youngman received 1,187 votes, and Cummin had 4,637 out of a total poll of 10,156. The friends of the successful candidate were so elated over their triumph that they united in a grand jollification meeting the next even- ing, at which bonfires blazed, and ringing speeches were made.

Judge Cummin took his seat on the bench, January 6, 1879. His term was a successful one, and he retired with credit, January 6, 1889. On leaving the bench he opened an office and resumed the practice of his profession, and immediately addressed himself with his characteristic energy and application to the business which came to him.

When the great flood of June 1, 1889, inundated the populous part of Williams- port, ruined the homes of hundreds of citizens, and destroyed a vast amount of prop- erty, Judge Cummin, true to his natural impulses, was found among those who first moved in organizing a committee for the relief of the sufferers. He disregarded his professional interests and gave himself up wholly to the work of dispensing aid to the sufferers. Every meeting found him present, and he was by common consent chosen treasurer of the Citizens' Relief Committee. His services were laborious, but he shrunk not from what he conceived to be an imperative duty.

In the meantime the greater disaster at Johnstown had aroused the sympathies of the civilized world, and contributions for the relief of the sufferers were pouring in to such an enormous extent that Governor Beaver found it necessary to appoint a State commission to take charge of the funds and direct their proper distribution. This commission consisted of nine men eminent in professional and business circles Judge Cummin was one of the number selected, and when the commission met i organized by electing him chairman. This necessitated his location at Johnstown, and he repaired thither to assume the enormous responsibility which had been im- posed on him in the interest of humanity. The confidence reposed in his ability and integrity was great, but the labor of discharging the duty was greater. The strain he had been subjected to here was intensified at Johnstown, and he soon fell ill of diabetes. He repaired to the hotel at Cresson Springs and the best medical aid was summoned to his relief. The insidious disease, however, developed rapidly, and death claimed him, August 11, 1889. He fell a victim in the cause of suffering humanity, and his death was almost as tragic as if he had suffered martyrdom in a more violent form.

When his remains reached the city a meeting of the bar was called by Judge Metzger to take action in reference to attending the funeral, and a similar meeting was called by Reno Post, No. 64, G. A. R. The funeral took place Tuesday, August 13, 1889, from Trinity church, and was one of the largest ever seen in the city.

John J. Metzger, who was defeated by Judge Cummin in 1878, was his successor in 1888. He was the regular Democratic nominee, and B. Stuart Bentley, son of Judge Bentley, was the Republican nominee. The campaign was conducted very quietly, but a large vote was cast and the contest was close. The figures were as

grog metzger

287

THE BENCH AND BAR.

follows: Metzger, 7,074; Bentley, 7,030; Ames, Prohibition, 189. Metzger's plu- rality, 44. Total vote polled, 14,293. The closeness of the contest was a surprise to both parties, and it gave rise to suspicion on the part of some of the friends of Mr. Bentley that fraud had been committed by the Democrats, and a contest was talked of. The Republican county chairman, John B. Emery, finally took the pre- liminary steps to bring about a judicial investigation. A petition signed by some fifty voters, "complaining of a false return and undue election of John J. Metzger," was laid before the attorney general, whereupon that official reported the matter to the Governor and he issued a precept to Judges W. M. Rockefeller, Joseph C. Bucher, and Charles A. Mayer, directing said judges to convene the court of common pleas of Lycoming county to hear and determine the complaint of the petitioners. Errors in registration, illegal voting on age, and non-payment of taxes were alleged. The first session of the court was held December 7, 1888, when the case was opened in due form. The following attorneys appeared for the petitioners: H. C. & S. T. McCormick, Candor & Munson, and J. T. Fredericks. The respondent was repre- sented by H. C. Parsons, R. P. Allen, H. W. Watson, and W. W. Hart. On the 12th of January, 1889, "the cause being at issue," the parties to the contest nom- inated James L. Meredith and Frank P. Cummings for examiners. They were confirmed, and two stenographers appointed to make a verbatim report of the testi- mony. The examiners were ordered to "proceed with all possible dispatch to collect. the ballot boxes containing the ballots cast for president judge," and deposit them in some secure place until called for by the court. As there were fifty-nine voting precincts in the county the task of collecting the boxes was not an easy one, especially in the month of January. Examiners Meredith and Cummings made a tour of the county, gathered up the ballot boxes, brought them to Williamsport and stored them in a cell in the county jail for safe keeping. In the meantime Judge Metzger took the oath of office, and having received a commission, subject to the decision of the court of investigation, ascended the bench and presided at the Jannary session; and continued to hold court while the investigation was pending.

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.

History of Lycoming County, Pennsylvania, Part 34

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