History of Montgomery County, Pennsylvania, Part 127

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534

USA > Pennsylvania > Montgomery County > History of Montgomery County, Pennsylvania > Part 127

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George W. Rogers, elected October, 1856.

S. N. Rich, elected October, 1859.

Enoch A. Banks, elected October, 1862.

Charles Hunsicker, elected October, IS65.

George W. Bush, elected October, 18G8.

Henry U. Brauner, elected October, 1871.

Jacob V. Gotwalts, elected November, 1874.

J. Wright Apple, elected November, 1877.

Irving P. Wanger, elected November, ISSO.

John W. Bickel, elected November, Is83.

The Bar of Montgomery County takes high rank among those of the cities and counties of the com- monwealth. Our proximity to Philadelphia, long

1 Administration of Governor George Wolf.

2 Administration of Governor Joseph Ritner.

8 Administration of Governor David R. Porter.

+ Administration of Governor Francis R. Shunk.

5 Administration of Governor William F. Johnson.

544

HISTORY OF MONTGOMERY COUNTY.

a centre of legal learning; the numerous courts- municipal, State aud federal-there in almost contin- uous session ; the community of commercial and cor- porate interests; the settlement of decedents' estates and adjudication of important trusts connected with them, wherein resident counsel are retained in both jurisdictions, has brought the bar of Montgomery County into almost daily contact with the best-trained professional minds in Eastern Pennsylvania.

The bar has long since outlived all provincialism, and if its members ever were characterized by any marked degree of social intercourse or associated conviviality, their tastes and habits must have essen- tially diflered in the past from the present. The individuality of the present resident bar is one of its characteristics,-partnerships in the profession are exceedingly rare, associate counsel in the trial of causes is limited to important cases and self-reliance is deemed an essential qualification for the successful lawyer of the period. Professional courtesy is nowhere more fully exemplified, honorable engagements no- where more scrupulously fulfilled, and the member whose word cannot be safely taken by bench or bar falls below the standard of professional ethics created by the common consent of all. The gentlemen com- posing the resident bar of the present generation have taken a generous interest in establishing a library and a fund to sustain and enlarge it, and it will, no doubt, exert a highly beneficial influence upon its members and measurably improve their efficiency as skillful practitioners.1

1 RULES FOR THE REGULATION OF THE LAW LIBRARY OF MONTGOMERY COUNTY .- Established by Act of Assembly of March 12, 1869. Number of volumes catalogued and now in use, two thousand four hundred.

The following rules for the regulation of the Law Library have been adopted inter alta by the general committee of the Law Library. The members of the bar are earnestly requested to aid the committee in the enforcement of them :

"The library shall be kept open by the librarian every day, except Sundays and legal holidays, from 8.30 A.M. to 12 M., and from 1 to 5 P.M.

"The room, when open, aod its contents shall be under the control of the librarian, who shall be responsible for its contents and for the enforce- ment of these rules.

" The room shall be used for library purposes only, except mpon occasions of general bar meetings.

" All noises, disorder, loud talking or other practices calculated to in- terfere with or disturb persons engaged in the legitimate use of the library are strictly prohibited.

" Persons using the library shall abstain from doing anything likely to injure or deface the room, its furniture, books or contents.

" No books shall be taken out of the library except by a judge of the courts or a member of the bar of said county.

" Neither ' Peonsylvania Reports,' works on ' Pennsylvania Practice or Pleadings,' ' Digests,' ' Acts of Assembly,' ' Acts of Congress,' encyclo- pedias, dictionaries, nor books containing the opinions of any of the judges of this judicial district, shall be taken out of the library, except for use in the court-room, arbitration-room, or judges' chambers, or in a trial or argument before an auditor, master or commissioner, in Norris- towo.

" Foreign reports may be takeo and kept ont for twenty-four hours only, and may be renewed once if not wanted by any one else.

" All other books may be taken out of the court-house, but shall not be kept out of the library for a longer period than one week at any one time.

" During the session of any court for jury trials, or of any regular argument court, at Norristown, no book can be taken out except for use In court. The librarian must see that all books are in the library at sucb times.

It is to be regretted that no mortuary record of the bench and bar has been preserved during the first century of the county. Men of remarkable character and ability have attained professional eminence, en- joyed public confidence and the esteem of the com- munity in which they lived and died, with nothing but their names on record to recall their lives and usefulness. This seems to be true of James Morris, James Biddle and John D. Coxe, all of whom were president judges of the county prior to 1804. Among the early members of the bar who filled a conspicuous place was Levi Pawling, Esq., admitted to practice in November, 1785. He rose to prominence and en- joyed a large practice in the courts of the county. He was a public-spirited man and contributed liber- ally to the early business enterprises of Norristown. Nathan R. Potts, Esq., was admitted August 14, 1804. He is spoken of as an "old-time gentleman," who dressed in the costume of Continental days and re- tained the " cue" to the time of his death. He was distinguished as a practitioner in the Orphans' Court of this county and in Philadelphia. He was one of the examiners of John Il. Hobart, Esq., the present senior member of the bar. Philip S. Markley, Esq., admitted to the bar November 13, 1810, was a promi- nent character in the profession, and, we believe, the only member of the bar of this county who filled the office of attorney-general of the State. While in this office he appointed John H. Sheetz, Esq., his deputy attorney-general for Montgomery County. He is said to have been an able lawyer, always taking a lively interest in public affairs.

John Henderson, Esq., admitted 1815, and Francis M. Jolly, Esq., admitted May 14, 1822, were among the exceptionally brilliant men in the early history of the bar. Their names are found associated with a great number of cases brought for trial and tried in their day. These two men were frequently associated together in the trial of causes, making a strong com- bination in both the civil and criminal courts. Both had rare social qualities, genial in companionship, and alike convival in their habits.

"Any person mutilating or otherwise injuring A book belonging to the library, or refusing to return the same at the expiration of the time during which he is allowed by these rules to retain it, shall reimburse the library for such injury.

" All persons taking out books shall ootify the librarian, who sball keep a register of the books so taken, and shall see that they are properly returned.

"No book shall be taken ont of the borough of Norristown.

"The librarian shall promptly report to the sub-committee on books any person whom he shall detect mutilating or injuring Rny book be- longing to the library.

" Gentlemen are particularly requested not to turn down leaves, to mark places, or to mark the books with pencil.

" B. M. BOYER, President Judge, " JOSEPH FORNANCE,

Committee.

" NEVILLE D. TYSONS,

" HENRY R. BROWN,

" LOUIS M. CHILDS,

" NATHANIAL JACOBY, Librarian.

" CHARLES T. MILLER, Treasurer."

545

THE BENCH AND BAR.

Among the prominent members of a later genera- tion we notice Philip Kendall, Esq., admitted August 22, 1826; Benjamin F. Hancock, Esq., admitted Angust 19, 1828; William and Benjamin Powel, Esq., admitted August 15, 1821, and January 20, 1830, respectively ; James MI. Pawling, Esq., admitted November 22, 1831 ; John B. Sterigere, Esq., admitted November 17, 1829; and Daniel II. Mulvany, Esq., admitted April 12. 1831. Mr. Sterigere came to the bar in the thirty-sixth year of his age ; he was com- missioned a justice of the peace by Governor Findlay in 1818. When twenty-five years of age, three years later, he was elected to the State Legislature ; in 1826 he was elected to Congress, and while there com- pleted his studies, and was admitted to the bar at the time above stated. He acquired a large practice, and took rank with the best lawyers at the bar. His in- dustry and force of character won for him admiring friends ; being self-cultured in youth, his continuous habits of study made him among the most self-reliant and aggressive members of the profession.

JOHN S. MCFARLAND, ESQ .- At a meeting of the | Montgomery County for some years after his admis- bar of Montgomery County, held at the house of Mrs. sion, then went to Philadelphia. He subsequently, about 1843, went to the western part of the State and was accidentally drowned near the Alleghany Moun- tains. Ann Webb, in Norristown, Tuesday, March 17, 1835, John Freedley, Esq., was called to the chair and Thomas M. Jolly, Esq., was appointed secretary. On motion, the following preamble and resolutions were unanimously adopted :

" Whereus, We have learned with the deepest regret of the death of our esteemed friend and fellow-member, John McFarland, Esq., whose urbanity of manner, amiableness of disposition and sterling in- tegrity, obtaining for him while liviog the esteem, respect and regard of his numerous acquaintances, and the confidence of his profession, will leave his memory vividly impressed upon the minds of those who, from intercourse with him, could appreciate the qualities which adorned his character ;

" Resolved, That we deeply commiserate with the kindred of the de- ceased the dispensation which has deprived them of an affectionate relative and society of a valnable member.

" Resolved, That we will attend the funeral of the deceased, and, as a testimonial of our respect for his memory, will wear crape on the left arm for the period of thirty days.

"JOHN FREEDLEY, Chairman. " THOMAS M. JOLLY, Secretary."

JOHN FREEDLEY, EsQ., was admitted to the bar August 16, 1820. As a lawyer he was clear, concise and logical in argument, a close reasoner and apt in seizing and presenting the strong points of a ease. While but little of an orator, deficient in fancy and totally devoid of sentimentality, his sympathy with suffering and distress,1 joined with his great knowledge

of human nature, rendered him powerful as an advo- cate and skillful and successful in guiding the minds of a jury.

FRANCIS DIMOND, EsQ., was of Irish parentage, and received a liberal education in his youth before coming to this country. He was first known in Mont- gomery County about 1830-31. He was a teacher in the public schools and taught for some years in Plymouth township, where he became intimately ac- quainted with Dr. Hiram Corson, then a young prac- tioner, and who, with his brothers, became warmly attached to him. Mr. Dimond was a enltured gen- tleman, and evinced a fondness for professional life. He became a student-at-law with Daniel Mulvany, Esq., about 1837, and was admitted to the bar in 1839. He had admiring friends, and by some was es- teened a public speaker of more than ordinary abil- ity. He was scholarly and known to have a fondness for literary pursuits that in some degree unfitted him for the hard and methodieal work of the successful practitioner at the bar. He remained at the bar of

JOSEPH FORNANCE, EsQ., was admitted to the bar August 21, 1832, in the twenty-eighth year of his age. Like many of his professional colleagues, he had previously taught school for several years in the county, and brought with him to his new calling a knowledge of human character and a degree of wis- dom, resulting from experience, that served him a valuable purpose in early acquiring a large and responsible practice.

Mr. Fornance was a safe adviser, deliberate, thorough and painstaking in the preparation of his cases for trial, and in the presence of court and jury his man- ner was earnest and forcible. A juror who served in the trial of a cause in which he was concerned as counsel for the commonwealth in 1848, thirty-six years ago, and who still survives, describes the case and his impressions of the man as follows: "The prisoner was indicted for arson ; the evidence pointed to the guilt of the defendant. The defense was ably conducted, and when the court adjourned for dinner there was a well-understood impression, shared by all, that the prisoner was guilty of the offense charged. Upon the reassembling of the court Mr. Fornance re- capitulated the facts of the case and reviewed that portion of the testimony indicating the possible guilt of the aceused, seeming to comprehend our difficulty, and in less than ten minutes made it appear perfectly clear that the prisoner was innocent, and we so found."

The lasting impression made upon this juror's mind by the success of the counsel is a fair illustration of his forensic ability and his aptitude in seizing upon the vital point in the case. The strong points in the profes-

1 The following incident in the life of .John Freedley as a lawyer came to the knowledge of the writer as counsel in the estate of Sarah Holstein, late widow of Matthias Holstein, deceased. Matthias Holstein was in his lifetime the owner of valuable real estate in the borongh of Norris- town. Misfortune overtook him and all his property was seized by the sheriff and sold. John Freedley became the purchaser of it, and upon the deatlı of Mr. Holstein he conveyed to his widow, without consideration, a portion of the real estate, which, when subsequently converted into money, enabled the good lady to live comfortably and pleasantly through her long widowbood. This act of Mr. Freedley was prompted by uo- selfish and humane considerations, without publicity at the time, doubt- less intending that his generosity should remain unknown to the world during the lifetime of the beneficiary.

546

HISTORY OF MONTGOMERY COUNTY.

sional character of Mr. Fornance were his thorough knowledge of human nature, his comprehension of that which was necessary to be done and that unnecessary to do, with a courage to become aggressive in press- ing an advantage fairly obtained, and a judicial sense of moderation that rendered him as prudent in coun- sel as he was sagacious and forcible in court.

Mr. Fornance was a student of the Hon. Philip S. Markley, was elected to the State Legislature in 1834, and represented his district in Congress from 1838 to 1842. He died November 24, 1852, in the forty- eighth year of his age.

DANIEL H. MULVANY, EsQ, was admitted to the bar April 11, 1831. He had previously finished his academic training in the city of Reading, and read law for one year in the office of A. L. King, Esq., of that city. He returned to Montgomery County in 1829, and concluded his legal studies with Hon. Philip Kendall. He subsequently became associated with the Hon. John Freedley, who at that time enjoyed a very large practice in the civil courts of the county. In 1835, Mr. Mulvany retired from the office of Mr. Freedley and entered upon a professional career, the history of which entitles him to be ranked among the most distinguished lawyers of the State. In 1836 he was appointed deputy attorney-general for Montgomery County by William B. Reed, then attorney-general under Governor Ritner. He entered upon the duties of the office with zeal and industry. One of the most notable cases found upon the records of our criminal courts occurred during his incum- beney of the office, i.e., the Commonwealth »s. Joseph Ogleby, Jr., John West Kevins, John Naglee, Jr., Ormes B. Keith and Herman Houpt. These men were all indicted for the murder of George Willauer. The case is better known as the "trial of the engineers," who, while surveying the route of a pro- jected line of railroad along the Perkiomen, became engaged in a fracas at the hotel of John Hartranft, Sumneytown, which resulted in the stabbing and death of Willauer. The commonwealth was repre- sented by Daniel H. Mulvany, deputy attorney- general, Philip Kendall, Esq., and James M. Pawling, Esq. The defendants were represented by John Freedley, Francis M. Jolly and John B. Sterigere, Esqs., of the Montgomery County bar ; Dallas and Hazelhurst, of the Philadelphia bar ; and Miles and Montgomery, of the Lancaster bar. The case was tried before Judge Fox, whose charge to the jury is reported in full in the Norristown Register of March 30, 1836, together with brief notes of the trial.1

While Mr. Mulvany served the office well and with distinction, the office served him in extending his

reputation as a lawyer, bringing him a clientage from all parts of the county, with professional engage- ments more important in the civil than in the crimi- nal courts. Mr. Mulvany was one of the most self- possessed, ingenious and plausible lawyers of his generation. Of him it has been said that "during the forty years of his professional life he was never, in any forensic tilt, betrayed into discourtesy to an oppo- nent, but was ever the gentleman." He was fertile in methods and always pleasing in his manner when examining witnesses. He had few equals in power and influence with juries ; he was persuasive and logical, with an elegance of diction that always secured the attention of his auditors, and often moved their impulses and sympathies before he reached their judgments or appealed to their reason. He was cer- tainly devoted to his profession, and we believe his highest ambition was to be deservedly classed among the ablest lawyers of his generation. He was excep- tionally considerate to the junior members of the bar under all circumstances, and sincerely rejoiced to see them rise to the same sphere of influence and useful- ness he enjoyed in his last days as an active prac- titioner. While he always manifested the interest of a public-spirited citizen in the affairs of his country, he was not a partisan who sought political favors. As an orator his services were required and freely given in emergencies to the political party of his choice, and in his last days, when Rebellion reached its greatest possibilities and rolled its tide of invasion over the hills of his native State, he was among the first and most gallant of his countrymen to tender his services and endure the hardships and peril asso- ciated with the life of a soldier.1 He died May 18, I873.

HENRY W. BONSALL, ESQ., was admitted to the bar August 9, 1853. He was a self-made man and came into professional life with the confidence of a large circle of friends. Although self-reliant and eloquent as a speaker, commanding an easy flow of language, he was disinclined to engage in public dis- cussion when he could consistently avoid it. He acquired an office practice, and devoted himself so closely to its duties that his health became impaired. A change of pursuit was recommended by his friends. He preferred entering the army, and proposed doing so as early as 1862. It was apparent to his compan- ions that he could not endure the hardships and ex- perience incident to service in the field. He was appointed a lieutenant in the commissary depart- ment and assigned to duty in Washington City. The change in life and pursuits was without beneficial results, and he never recovered the measure of health and strength necessary to the successful prosecution of the professional life he faithfully prepared for, and to which he was conscientiously devoted. Mr. Bonsall was remarkable for his self-possession and

! The following gentlemen were drawn as jurymen : Jacob Wentz, Thomas Reed, George Pechin, Isaac Mather, Abraham Marple, Joseph Kirkuer, Beneville Bertolet, James Wells, Jacob Stadleman, James Wood, John Righter, Samuel P. Wetherill. Before proceeding to the trial the court, ou application of counsel for the defendants, made an order "excluding all the witnesses for the prosecution from the court- honse till they were examined."

1 Captain Daniel II. Mutvany, Chapter XVI., " The Great Rebellion."

547

THE BENCH AND BAR.

pleasing address under the most trying circum- stances.

He died September 5, 1866.

ENOCH A. BANKS, EsQ., was admitted to the bar August 20, 1855. He was a bright student, was care- fully prepared for professional life, and had the natural powers of a fluent, vigorous and eloquent speaker. His positive and aggressive temperament carried him to the most exciting field of the profes- sion, and his earliest and most successful practice was acquired in the criminal courts. His career was a brilliant one and inspired public confidence. He was elected district attorney in the year 1862, and dis- charged the duties of his office with marked credit to himself and the commonwealth. He was popular as an orator, and bis services were sought for and freely given on all proper occasions. He was genial in companionship, generous and confiding and highly esteemed by the members of the bar and the judges of the courts in which he practiced. He died June, 1867.

JOHN R. BREITENBACH, EsQ., was admitted to the bar February 21, 1843. He enjoyed the reputation of being a conscientious adviser, and possessed the power of obtaining from willing and unwilling wit- nesses "the truth, the whole truth and nothing but the truth." We remember an instance that fully illustrates this prominent characteristic of the man. It occurred during the last years of his professional life, and, as the parties concerned are, in all proba- biliity, still living, names are omitted. The case was on trial before the jury, Judge Henry P. Ross pre- siding. The witness had been examined in chief for the defense, and told what Mr. Breitenbach believed and knew to be false. The witness appeared to be intelligent, reasonable and truthful, but when sub- jected to the crucial test of a cross-examination, as conducted by Mr. Breitenbach, he was forced to make the open acknowledgment that he swore to that which he knew to be false. It was a victory for the counsel and for the right. Mr. Breitenbach was small of stature, but was commanding in his address to both court and jury. His service to the country was pa- triotic. He commanded Company G, One Hundred and Sixth Regiment Pennsylvania Volunteers, was promoted to major July 8, 1864, and subsequently breveted lieutenant-colonel for meritorious services. Upon his return to civil life he was appointed col- lector of internal revenue for this district, and fulfilled his public trust with fidelity to the government. IIe died in 1875.

JOSEPHI L. ALLABOUGH, EsQ., was admitted to the bar April 1, 1855. He early acquired a lucrative practice in the Orphans' Court and Court of Common Pleas of Montgomery County. He rarely engaged in the trial of cases in the criminal courts. He was clear and forcible in the statement of facts, and relied upon conclusions of law in presenting his case to the court or jury. He deservedly enjoyed the reputation of

presenting the most carefully-prepared papers filed in the several courts in which he practiced. Those having occasion to refer to his reports as auditor- præcipes, petitions and miscellaneous proceedings- will readily perceive the neatness practiced in the execution of his professional labors. He was fond of recreation, and sought exercise and pastime in search of game in common with the sportsmen of the county. IIe enjoyed the confidence of the legal profession, and his opinions within the line of practice were always received with respect by the court. Ile was solicitor for the board of county commissioners for the year 1873, and died September 20, 1881.

HENRY LIVEZEY, EsQ., was admitted to the bar November 10, 1869. He was a gentleman of more than ordinary ability, and was among the most suc- cessful young practitioners who entered the profession in this county. His brief career gave promise of an honorable and useful life in a calling of his own choice, for which he seems to have been admirably adapted. Mr. Livezey died in 1873, highly esteemed and sincerely lamented by the profession.

CHARLES HENRY GARBER, EsQ., was born at Gar- wood, near Trappe, Montgomery Co., Pa., July 30, 1823. After obtaining the advantages of the common schools of the county, he completed his education at Pennsylvania College, Gettysburg, Pa .; studied law in the office of Addison May, Esq., at Norristown, and was admitted to the bar. Mr. Garber was elected burgess of Norristown. He was a school director in the borough for twenty years. Hle held the office of secretary of various local corporations, and was an assistant assessor of internal revenue under the ad- ministration of President Jolinson. Mr. Garber was of a retiring disposition, and throughout his profes- sional career evinced a fondness for literary pursuits. Ile died at Norristown, Pa., November 9, 1882.

JOHN HENRY HOBART .- The progenitor of the Flo- bart family in America, Edmund Hobart, removed from the village of Hingham, county of Norfolk, Eng- land, to the United States in 1633, his religious views as a "Dissenter" having influenced his removal hither. He settled in Hingham, Mass., of which town he was one of the founders, and represented his dis- triet for a succession of years in the State Legislature. He had four sons-Edmund, Peter, Thomas and Joshua-and two daughters,-Rebecca and Sarah. Joshua Hobart, the youngest of these sons, was, in 1674, Speaker of the House of Deputies of Massa- chusetts, and possessed considerable influence in civil and military affairs. His son, John Hobart, re- moved to Pennsylvania, married into a Swedish family and settled in Kensington, now a part of Philadelphia, having been extensively engaged in the West India trade. His son, Capt. Enoch Hobart, the grandfather of the subject of this biography, was also engaged in the same trade and was commander of a merchant ship. He married Hannah Pratt, and had three sons and six daughters, of whom Robert Enoch

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History of Montgomery County, Pennsylvania, Part 127

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901 Publication date: 1884 Publisher: Philadelphia, Everts & Peck Number of Pages: 1534

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534