History of Lycoming County, Pennsylvania, Part 35

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

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The examiners proceeded with the work of taking testimony. This work, after the novelty wore off, became very monotonous, and it was the 10th of December, 1889, before they closed their labors. They were not in daily session, however; frequent adjournments took place. A mass of testimony making 3,797 printed pages was taken. The record, including the opinion and summing up of the court, made 488 pages; respondent's brief, 166; contestant's brief, 116. Total printed pages relating to the contest, 4,567.

All the boxes were opened by the court and the ballots examined. This required much time, but there was no other way to arrive at an exact conclusion. Illegal ballots cast for either party were set aside and a record made of them, when they were deducted from the respective totals. By this method the court was enabled to arrive at the correct majority. By this process Judges Rockefeller and Bucher found that 333 illegal votes were cast for Judge Metzger, and 387 for Mr. Bentley. This reduced Metzger's total vote to 6,650, and Bentley's to 6,521, leaving a majority of 129 for Metzger instead of forty-four as originally reported before the contest was commenced. Judge Mayer dissented from his colleagues in the admission of certain ballots, and filed an opinion. He also submitted a table which

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reduced Metzger's majority to fifty-nine. The court then closed its opinion in the following words:

We find as the result that the said respondent, John J. Metzger, received the greatest uum- ber of legal votes cast at the said election, and 129 votes more than Benjamin Stuart Bentley, and that the said John J. Metzger was duly elected to the said office of president judge, and is therefore entitled to the same.

A decree was then made affirming the above and ordering the prothonotary "to enter this decision of record to the case," and transmit a copy to the secretary of the Commonwealth. It was signed by C. A. Mayer, J. C. Bucher, and W. M. Rockefeller, president judges. Judge Mayer appended a note to the decree stating that he concurred in everything except the majority, which he found to be fifty-nine instead of 129.

Thus ended the great judicial contest which commenced December 7, 1888, and closed August 12, 1890. Nothing more remained for the court to do but fix the costs. This they did October 11, 1890, by declaring "that there was probable cause for this contest, and that the costs and expenses shall be paid by the county of Lycoming." On summing up the items the total was found to be $16,060.92, which was paid by the county. The State paid the judges as follows: William M. Rockefeller, $2,220; C. A. Mayer, $2,241; Joseph C. Bucher, $2,400. Total, $6,864. The direct and indirect cost of the contest, therefore, was $23,024.92. Aside from this the contestants and respondent paid fully $3,000 each for private expenses which do not appear in the bill of costs.

This was the first contest in the State under the act relieving the Senate of con- ducting such investigations. It attracted wide attention and the proceedings were watched with deep interest. Much bitterness of feeling was engendered between the contestants and the friends of the respondent, but the outcome was very grati- fying to the latter. And whilst the trial was a costly one, it may be productive of good in causing more care in conducting elections.

Judge Metzger is a native of Lycoming county, having been born in Clinton township in 1838, and reared on a farm. He graduated at Dickinson Seminary and afterwards taught school. He studied law with A. J. Dietrick and C. D. Emery and was admitted in April, 1860. He engaged in his profession and soon became noted for his success as a criminal lawyer. In 1862 he was elected district attorney for Lycoming county and served three years. He was a member of the Constitu- tional Convention of 1872-73, and also served as a member of the council and school board of Williamsport. He was a delegate to the Democratic National Convention at Cincinnati in 1876 and voted for Tilden.

UNITED STATES AND DISTRICT COURTS.

Williamsport was early designated as one of the points for holding United States courts for the Western district of Pennsylvania. The holding of circuit courts here by justices of the United States Supreme court began September 18, 1843, in pur- suance of an act of Congress passed the previous March. Justice Henry Baldwin held the first court. He having died in 1846, Hon. Robert C. Grier was the next to sit here. Judge Grier was a native of Cumberland county, this State; he was born, March 5, 1794, and was admitted to the bar in 1817. He first settled in Blooms-

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burg, Pennsylvania, and in 1818 removed to Danville. In 1833 he was appointed by Governor Wolf judge of the district court of Allegheny county, and he removed to Pittsburg. There he remained until the 4th of August, 1846, when he was appointed by President Polk one of the judges of the United States Supreme court. He was retired in 1869. In 1848 he settled in Philadelphia and resided there until his death, which occurred September 25, 1870. Judge Grier, in 1829, married Isa- bella, daughter of John Rose, of Williamsport. She inherited the farm owned by her father, now within the limits of the city, which was long known as the "Grier farm." Mrs. Grier died only a few years ago.

Justice Strong held court here for several years. An act of Congress of 1867 · created United States circuit judges to hold circuit courts. Hon. William McKennan was appointed for Pennsylvania, New Jersey, and Delaware, and he came here every year for several years to hold court.

United States district courts have been held here from early in the century, the State having been divided into two judicial districts, April 20, 1818. Lycoming was, in 1824, transferred from the Eastern to the Western district, and from that time two courts per year were to be held in this city. One of the first judges to sit here was William Wilkins, who became Secretary of War in 1844, and soon afterwards minister to Russia. He was followed by Thomas Irwin, and he by Wilson McCand- less, who retired, July 26, 1876. He was retired by act of Congress of June 2, 1876, permitting him to retire before reaching the age of seventy. His successor was Hon. W. W. Ketcham, who died in 1879. Marcus W. Acheson, who succeeded him, was promoted to circuit judge in 1891. The latter was succeeded by James T. Reed. He retired at the end of a year and was followed by Joseph Buffington, the present incumbent, in 1892.

The United States district attorneys have been as follows: R. Biddle Roberts, J. Bucher Swope, R. B. Carnahan, William A. Stone, and Walter Lyon.

ASSOCIATE JUDGES.

A clause in the Constitution of 1790 provided for the appointment by the Gov- ernor of "not fewer than three nor more than four judges" in each county, who, dur- ing their continuance in office, should live in the county. Governor Mifflin, when Lycoming was organized, appointed William Hepburn, James Davidson, Samuel Wallis, and John Adlum associate judges, April 15, 1795. They organized by elect- ing William Hepburn president and by them the judicial machinery of the new coun- ty was first set in motion. Adlum resigned, February 16, 1798, to settle in Mary- land, and Samuel Harris was appointed the same day to fill the vacancy. Wallis died in October of the same year, and the following December John Fleming was appointed in his place.

The first legislation affecting the number of associate judges was the act of April; 1803, which provided that in any county thereafter organized, and in case of vacancy in any existing county, "the number of the judges in the said county where such vacancy shall happen shall be reduced, and there shall be no more than three associate judges in said county, and the office so become vacant shall hereafter be abolished." When this law passed the bench of Lycoming was legally filled.

By the act of February 24, 1806, the number was still further reduced by pro-

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viding that "if any vacancy should hereafter happen in any county at present organ- ized the Governor shall not supply the same, unless the number of associates be thereby reduced to less than two." When this act went into operation there were three judges on the bench. Soon after Judge Davidson retired, which left two.

Originally the associates were appointed for life, but the Constitution of 1838 reduced the term of service to five years, and made the concurrence of the Senate necessary to the nomination of the Governor; in 1850 amendments were adopted by which the judiciary became elective; and the Constitution of 1872-73 declares that, "the office of associate judge, not learned in the law, is abolished in counties form- ing separate districts; but the several associate judges in office when this Constitu- tion shall be adopted shall serve for their unexpired terms." It was under this law . that Lycoming ceased to have associates when the terms of the two elected in 1871 expired.

The following have served as associate judges: William Hepburn, John Adlum, Samuel Wallis, and James Davidson, appointed April 15, 1795; Samuel Harris, February 16, 1798; John Fleming, December 11, 1798; John Cummings, July 2, 1821; Dr. Asher Davidson, November 16, 1823 (He succeeded his father, Dr. James Davidson. ); Thomas Taggart and John Thomas, March 27, 1841; March 28, 1846, Thomas Taggart and Solomon Bastress; April 1, 1851, William Ellmaker and John Smith. Through the law of 1850 the office now became elective, when the fol- lowing were chosen: 1851, Solomon Bastress, Apollos Woodward; 1856, C. D. Eldred, William Piatt; 1861, H. B. Packer, James G. Ferguson; 1866, John Smith, George P. Lore; 1871, Huston Hepburn, W. P. I. Painter. With these associates the office, under the new Constitution, became extinct. And it may be mentioned as a singular fact that Mr. Hepburn was the youngest son of William Hepburn, who was one of the first associate judges appointed in 1795. Strange, indeed, that the father and son should open and close the line of associate judges in Lycoming county within a period of eighty years! Huston Hepburn, who was born in Will- iamsport August 17, 1817, died there, April 4, 1891. He was the youngest of nine- teen children, all of whom are deceased but one, Mrs. Harriet Hart, of Elmira.

DISTRICT ATTORNEYS.

Up to 1850 this office was known by the title of deputy attorney general, when it became elective and the title was changed to district attorney. His functions were to prosecute offenders on the part of the Commonwealth. The office was filled by appointment of the attorney general. When the Lycoming courts were organized Jared Ingersoll was the State officer, and the records show that Jonathan Walker was the first deputy for the county. He served up to 1800. For many years the ·confused condition of the records renders it almost impossible to designate with any degree of accuracy who the deputy was, as the indictments generally bear the name of the attorney general only. It appears that Mordecai Heylman was appointed January 25, 1809, and served until July 20, 1819, when Espy Van Horn was appointed and served one year. Ellis Lewis succeeded him for 1820. Joseph B. Anthony was appointed in 1821 and served until 1823. The succession then was: 1824 to 1827, Ellis Lewis; 1828, James Armstrong; 1829-32, Robert Fleming; 1833-35, H. D. Ellis; 1836-1838, James Armstrong; 1839-42, George F. Boal; 1843-47, Adolphus D. Wilson; 1848-50, C. W. Scates.

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After the last date the office became elective, and from that time up to the pres- ent the district attorneys have been as follows: 1850-53, George F. Boal; 1853-56, Clinton Lloyd; 1856-62, Charles D. Emery; 1862-65, John J. Metzger; 1865-68, Joshua Wallbridge; 1868-71, O. H. Reighard; 1871-74, Guy C. Hinman; 1874-80, W. W. Hart; 1880-83, John Jay Reardon; 1883-86, Verus H. Metzger; 1886-89, James B. Coryell; 1889-92, Charles J. Reilly, present incumbent.

FIRST ATTORNEYS.

When Lycoming county was erected the first members of the bar to locate here were John Kidd, Charles Huston, and Robert McClure. Kidd, who had been admitted at Sunbury in August, 1791, came here by appointment of Governor Mifflin in April, 1795, invested with authority to swear in the officers of the new county and set the wheels of local government in motion. He opened his office in Jaysburg and performed the duties of all the court officers for several years. He was, therefore, the first member of the bar to settle here permanently. He died April 9, 1813.

Charles Huston was born in Bucks county, January 16, 1771, and was the eldest son of Thomas and Jane Huston. He graduated at Dickinson College in 1789; studied law with Thomas Duncan, and was afterwards employed by the trustees of the college as tutor of the languages. One of his pupils was Roger B. Taney, after- wards chief justice of the Supreme court of the United States. The parents of young Huston came here about the time of the formation of the county. He accom- panied them and was admitted to the bar in August, 1795. He opened an office at Jaysburg and entered on the practice of his profession, and when Williamsport became the county seat he removed there. He devoted much time to the study of land titles and became distinguished in that line of practice. While living in Williamsport he married Mary, a daughter of William Winter, and had two daugh- ters. Jane, the elder, married Hon. James T. Hale, of Bellefonte; Lucy, the younger, became the wife of Gen. E. W. Sturdevant, of Wilkesbarre. In 1807 Mr. Huston removed to Bellefonte, where he continued his practice until Governor Findlay appointed him president judge of the IVth district, over which he presided for eight years. In 1826 Governor Shulze appointed him to a seat on the Supreme bench of Pennsylvania and he served until 1845. Judge Huston died, November 10, 1849.

Robert McClure, the third member of the trio of first lawyers, was born in Cum- berland county, February 6, 1772. After receiving a rudimentary education he entered Dickinson College and graduated with honor. Roger B. Taney and Charles Huston were among his classmates. He studied law at Carlisle, came to Williams- port early in 1795, and was admitted to the bar when the county was organized that year. Like Kidd and Huston he first opened an office in Jaysburg. He married Mary, a daughter of William Hepburn. Mr. McClure was sent to the Lower House of the legislature in 1822 and returned in 1824. In 1827 he was chosen a State Senator, but died December 13, 1829, before the completion of his term. He was buried in the old graveyard on West Fourth street, Williamsport.

John Rose first appears as a " young man " on the assessment of Loyalsock for 1798; and from 1801 to 1808, the word "attorney " is written opposite his name,

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showing that he had become a member of the bar. Andrew Tulloh, whom tradition says was his companion, is assessed in 1799 as an "attorney ;" and in 1801 he is assessed, in addition to his profession, for "one brick house and a horse." In 1803 the word " dead" is written after his name. Like Rose he is believed to have been a Scotchman. He had the honor of building the first brick law office in the town.

Daniel Smith, another early member of the Lycoming bar, graduated at Prince- ton in 1787. He studied law and settled on a farm just south of Milton. He married Cassandra, daughter of Samuel and Lydia Wallis, of Muncy Farms, and was one of the administrators to settle the estate of his father-in-law, and his name frequently occurs on the early records. Tunison Coryell in his reminiscences says that he was " eminent as a lawyer, and was considered one of the most eloquent speakers at the bar, and was engaged in all important cases then in the counties of Northumberland, Lycoming, and Luzerne. " His death occurred, April 6, 1810, in the forty-fifth year of his age.

The names of Gilchrist, Levy, and Carson occur very often on the appearance dockets from 1796 to 1800; indeed, for two or three years, James Gilchrist appears to have been concerned in three-fourths of all the cases docketed for trial. Thomas Duncan was here frequently, and after 1800 Roberts and Heylmun appear occasion- ally. It has been stated that Reynolds and the Teeples were lawyers of the time, but their names do not appear on any of the court records. The names of John Teeple, merchant, and Jacob Teeple, farmer, appear on the assessment list for Ly- coming township in 1796; and in 1800 David Reynolds and the Teeples appear as farmers.

Charles Hall, born in 1767, read law with Col. Thomas Hartley, at York, Penn- sylvania, and was admitted to the bar of Northumberland county in 1791. He mar- ried Elizabeth Coleman, of Lebanon county, daughter of the wealthy iron manufact- urer. He purchased and presented his daughter the Muncy Farms, now known as "Hall's Farms." Mr. Hall built the large building in Sunbury long occupied by the late John B. Packer for an office. When he took up his residence in Lycoming county, he became a member of the bar and took an active interest in public affairs. He died, January 14, 1821, while on a visit to Philadelphia. His remains were removed to the cemetery at Hall's and interred in the family lot.

Henry D. Ellis was born near Penn's Dale, Muncy township, about 1802; studied law and was admitted to the bar and settled in Williamsport. He obtained some prominence in his profession. Mr. Ellis died, July 22, 1851.

Adolphus D. Wilson was one of the early members of the bar and served as deputy attorney general from 1843 to 1847. He married a daughter of Gen. Will- am Petrikin, of Bellefonte. Mr. Wilson built a brick house on the southwest corner of Willow and Pine streets-afterwards owned by Judge Smith-which is still stand- ing. Soon after completing the house both Mr. Wilson and his wife died within a short time of each other.

The early court records give the dates of the admission of the following members of the bar: March 2, 1798, Samuel Roberts, on motion of Jonathan Walker; Sep- tember term, 1798: Elias White Hale, on motion of Charles Hall; John White, on motion of Charles Huston; Enoch Smith, on motion of Jonathan Walker; Sep- tember term, 1799, A. Jones, " sworn and admitted." At December term, 1799,

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Ellis Walton was admitted, Jonathan Walker and Daniel Smith "having reported in his favor." The quarter sessions docket for 1803 shows that on August 31st of that year, John Evans and James Orpeson were admitted. Owen Foulke was admitted, Feb- ruary 1, 1804, and William H. Wells, September 4th of the same year. September 4, 1805, Thomas Burnside and Charles J. Ingersol were received, and December 2, 1805, the admission of Samuel Hepburn is noted.

George F. Boal, born at Muncy in 1811, studied law under William Cox Ellis and was admitted, September 5, 1832. He represented Lycoming county in the legislat - ure in 1842, and in 1854 he was elected prothonotary by the Know Nothings, and died January 18, 1856. George De Pue came here about 1860 and studied law with Maynard & Willard. Soon after his admission he went to Kansas and died there about 1865.

LAWYERS OF A LATER DATE.

William Cox Ellis was born in Fort Muncy in 1789. He received such educational advantages as the times afforded, and early displayed an aptitude for learning. July 11, 1810, he married Rebecca, daughter of B. Wister and Mary Morris, of Wells- boro. In 1816 he settled in Milton and became cashier of a bank. While serving in that capacity he studied law with Samuel Hepburn and was admitted at Sunbury. He soon after located at Muncy and entered upon the practice of his profession in Lycoming county. Mr. Ellis possessed a high order of intellect and was an elo- quent speaker. He was one of the most active men of his time and took a deep in- terest in public improvements. His voice and influence were always on the side of whatever was calculated to benefit the country. He was sent to Congress in 1820 and re-elected in 1822. In 1825 he was sent to the legislature and again in 1826. On account of his quick perception, originality of thought, and brilliancy of expres- sion, he was often called "the John Randolph of the West Branch valley." He died at his home in Muncy, December 13, 1871.

Hon. Francis C. Campbell was born at York, Pennsylvania, April 18, 1787; studied law with David Watts, of Carlisle, and was admitted to the bar, August, 1810. He came to Williamsport, April 18, 1812, being then just twenty-five years of age. In May, 1816, he married Jane Hepburn, daughter of James Hepburn, of Northumberland. Mr. Campbell stood high as a lawyer and his practice was marked with rare success. He was a graduate of Dickinson College and a man of high literary attainments. After being in active practice for fifty years he retired. His death occurred at his home in Williamsport, April 21, 1867. He left three sons and three daughters, all of whom survive. John R., the eldest, resides in Washington, and James H., the second, in Philadelphia.

Hon. Anson V. Parsons, who attained distinction as a lawyer and jurist, was born in Granville, Massachusetts, in 1798. After a thorough course in the schools of that day he entered the law school at Litchfield, Connecticut, and graduated with high honors. When he came to Pennsylvania he tarried for a short time in Lancaster to familiarize himself with Pennsylvania practice in the office of Andrew Porter. About 1824 he settled in Jersey Shore and opened a law office, which was the first in that place. He soon acquired a good practice. January 22, 1843, he was appointed secretary of the Commonwealth by Governor Porter, and served until February 16,

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1844. He was elected a State Senator, but before the expiration of his term he was appointed president judge of the court of common pleas, Philadelphia, and took up his residence in that city. On completing his term he returned to practice. He collected and published in two volumes a valuable work entitled "Parsons's Equity Cases." Judge Parsons married a daughter of James Hepburn, Esq., of Northum- berland. She died in 1853, and he followed her in September, 1882. Two sons and two daughters survive. Hon, H. C. Parsons, of the Lycoming county bar, is one of the sons.

James Armstrong, born in Milton, February 15, 1794, was educated in the schools of that place. He learned the trade of a tanner, when he settled in Williamsport and engaged in that business. Having a taste for the law he studied under Joseph B. Anthony and was admitted to the bar. He married Sarah Hepburn, daughter of Judge William Hepburn, and one son and two daughters were born to them. Mr. Armstrong built up a good law practice. April 6, 1857, Governor Pollock appointed him a member of the Supreme bench to fill the vacancy caused by the resignation of Hon. Jeremiah S. Black, which position he filled until December, 1857. Judge Armstrong died August 13, 1857, and is buried in the Williamsport cemetery.

Oliver Watson was born, November 10, 1811, on Lycoming creek; was educated in the common schools; studied law with James Armstrong, and was admitted in May, 1837. He was treasurer of Lycoming county in 1838-40. Mr. Watson prac- ticed law until 1856, when he was elected president of the West Branch Bank, and held the office to the close of his life, a period of twenty-six years. He married Marietta Scott, daughter of Hon. David Scott, of Wilkesbarre, November 16, 1843. Mr. Watson died, September 1, 1882. His widow survives.

Huston Hepburn, son of Judge William Hepburn, was born in Williamsport, August 17, 1817. He studied law with Hon. James Gamble at Jersey Shore, and was admitted in May, 1841. He was deputy sheriff from 1844 to 1847; prothono- tary from 1856 to 1859; associate judge from 1871 to 1876, and then deputy until 1878. He died, April 4, 1891.

Robert Fleming was born near where Lock Haven now stands, May 12, 1801. When he grew to manhood he studied law, and was admitted to the bar of Lycom- ing county in 1827. He settled in Williamsport and engaged in the practice of his profession. One of the greatest cases he was ever employed in was the trial of · John Earls for poisoning his wife, at February term, 1836. In October, 1836, he was elected a State Senator, and in 1838 he was a member of the Constitutional Convention, and again a Senator in 1839. He died, May 30, 1874.

Hepburn McClure was a son of Robert McClure, who was one of the three first lawyers to locate in Williamsport in 1795. He was born November 24, 1809; studied law with his father and was admitted to the bar of Lycoming county about 1830. He served as postmaster of Williamsport and prothonotary of Lycoming county. At the time of his death, which occurred in the spring of 1890, he was the oldest member of the bar.

Robert P. Allen was born in Armstrong township, Lycoming county, February 6, 1835; was educated at Dickinson Seminary aud Lafayette College; studied law in the office of General Fleming, Williamsport, and at Harvard Law School; he was admitted at Williamsport in the fall of 1857, and practiced here during his life.

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History of Lycoming County, Pennsylvania, Part 35

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