USA > Pennsylvania > Perry County > History of Perry County, Pennsylvania, including descriptions of Indians and pioneer life from the time of earliest settlement, sketches of its noted men and women and many professional men > Part 50
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J. Don Carlisle
January, 1852
WVm. R. Shuler
August, 1856
Samuel B. Richey
B. F. Junkin
April, 1856
John B. McAlister
Wm. A. Sponsler
January, 1856
Charles A. Barnett B. F. Junkin
August, 1857
Roswell M. Russell
Benjamin McIntire
January, 1858
Rush T. Roddy
Benjamin McIntire
April, 1858
Henry G. Milans
B. F. Junkin
January, 1859
Joseph Bailey
Benjamin McIntire April, 1860
Joseph H. Arnold
Benjamin · McIntire
April, 1861
William M. Sutch
B. F. Junkin April, 1861
E. C. Long
Benjamin McIntire January, 1862
A. H. Burkholder
Benjamin McIntire January, 1862
Lewis Potter
Wm. A. Sponsler
January, 1863
. David L. Tressler
Benjamin McIntire
January, 1864
Samuel Ramsey
April, 1829
Fred'k E. Bailey
April, 1839
Wm. A. Sponsler
Benjamin McIntire
April, 1848
fot
HISTORY OF PERRY COUNTY, PENNSYLVANIA
Vame. Preceptor. Date Admitted.
John F. L. Sahın
Benjamin MeIntire April. 1865
John D. Nelson
W. A. Sponsler
October, 1866
W. W. Whitmer
Benjamin McIntire January, 1867
Jacob Gantt
Wm. A. Sponsler April, 1867
Charles L. Murphy B. F. Junkin
April, 1867
James H. Grier Wm. A. Sponsler
August, 1867
Martin Liggett April, 1868
Benj. P. Melntire
C. J. T. MeIntire
October, 1868
W. S. Milligan
W. H. Miller
January, 1869
James H. Ferguson
August, 1869
Win. N. Seibert
Wm. A. Sponsler
August, 1869
Jacob Bailey
C. J. T. McIntire
October, 1870
Calvin Neilson
Win. A. Sponsler
May, 1872
Charles H. Smiley
Chas. A. Barnett
August, 1872
A. M. Markel
. Chas. A. Barnett
August, 1873
J. E. Junkin B. F. Junkin
October, 1873
J. C. McAlister
. Win. A. Sponsler
May, 1874
Wilson Lupfer .C. J. T. MeIntire
August, 1874
W'm. H. Sponsler Win. A. Sponsler April, 1876
April, 1876
John C. Wallis Theo. K. Long Fillmore Maust
Harvard Law School
April, 1878
R. H. Stewart
Chas. A. Barnett
December, 1881
James W. Shull
Wm. H. Sponsler
April, 1881
Edward R. Sponsler
W'm. A. Sponsler
August, 1881
C. W. Rhinesmith
W'm. N. Seibert
December, 1883
William Orr
Chas. A. Barnett
December, 1883
George R. Barnett
Chas. H. Smiley
August, 1884
J. L. Markel
B. F. Junkin
August, 1884
J. W. McKee
Win. H. Sponsler
August, 1884
J. R. Flickinger
Chas. H. Smiley
August, 1885
Luke Baker
Chas. H. Smiley
April, 1891
James M. Barnett
. Chas. A. Barnett
April, 1892
Win. S. Seibert
Wm. N. Seibert
January, 1893
John C. Motter
Wm. A. Sponsler
April, 1893
Wm. H. Kell
James W. Shull
April, 1894
J. J. Kintner Chas. H. Smiley April, 1894
Arthur C. Lackey
Dickinson Law School April, 1895
R. B. Gibson
Dickinson Law School
April, 1894
James M. MeKee
. Chas. A. Barnett
April. 1898
Geo. Black Roddy
Chas. H. Smiley
November, 1898
Wm. D. Ard
J. 1. Markel
April, 1900
Grafton Junkin B. F. Junkin
August, 1900
Walter W. Rice
Chas. A. Barnett August, 1901
Win. S. Snyder Jas. A. Stranahan November, 1902
Chas. H. Smiley, Jr.
. Chas. H. Smiley
January, 1905
James R. Magee Columbia Law School
April, 1916
Wm. H. Sponsler
December, 1881
James M. Sharon Chas. A. Barnett
November, 1801
THE BENCH.
Before Perry County became a separate political unit, from the soil which is now comprised within its borders, there went out one of the greatest jurists, not only of the state but of the nation, a man whose opinions are quoted to this day not only in the land of his birth, but abroad. We refer to John Bannister Gibson, former . Chief Justice of the State of Pennsylvania. An entire chapter devoted to the life of Mr. Gibson will be found in this book,
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THE BENCH AND BAR
At the time of the institution of the courts of Perry County there was a life tentire of office connected with the judiciary, but in 1838 this was changed to an appointive term of ten years. Judge Reed, who was in charge of the courts in the new county, presided until that time. He is said to have been a learned jurist, a pleasant and amiable gentleman, and strong socially. After leaving the bench he practiced for over ten years in the judicial district over which he formerly presided. He died January 19, 1850, aged about 65 years.
On Judge Reed's retirement Samuel Hepburn became judge, being appointed by Governor Ritner. Although quite a young man when appointed and without extensive experience at the bar, he was apt, accurate, and acquitted himself with credit upon the bench. He lived at Carlisle, at which place he died.
The third judge was Frederick Watts, of Carlisle, who was ap- pointed by Governor Johnson, assuming office in 1849. The Con- stitution, as amended, however, made the judiciary elective, and his term thus ended in December, 1851, although it would have been seven more years. Of the talents of Mr. Watts we have spoken in the previous pages among the early practitioners. As a judge he maintained his reputation as an accurate, prompt and effi- cient jurist. A man without fear, expressing his convictions with- ont regards to consequences. Former Judge Junkin thus described him: "What he believed he said, and what he believed was gen- erally right, and he, more than any other judge who ever sat on this bench, was less careful to conceal his own convictions as to what the verdict of a jury ought to be." Judge Watts was a grand- son of General Frederick Watts, who was a resident of what is new Perry County, and a son of David Watts. Watts Township, Perry County, was named in honor of Judge Watts. He resided at Carlisle, where he died. See biographical sketches devoted to several members of the Watts family elsewhere in this book.
Judge James H. Graham was the fourth man to fill the position and the first one to be elected by the people. Perry was then in the old Ninth Judicial District, and over it Judge Graham presided for twenty years, a fitting tribute to the new elective system. He was pronounced a man of great legal ability, a sound reasoner, ob- servant, discerning and rapid in decision. His home was at Car- lisle, where he resided until his death.
Benjamin F. Junkin was the fifth man to sit upon the bench of Perry County, the second to be elected by the people, and the first citizen of the county to fill the position. He was a son of John Junkin, by his first wife, and was born November 12, 1822, in Cumberland County. His father, in April, 1823, purchased the Stroop farm, between Green Park and Landisburg, and removed `to the new county when it was less than three years in existence.
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466
HISTORY OF PERRY COUNTY, PENNSYLVANIA
The father continned a resident here until 1853, when he sold the farm and removed to Muscatine County, Iowa. B. F. Junkin studied law in the offices of Judge Hepburn, and was admitted to the bar of Cumberland County in August, 1844. He located in New Bloomfield the succeeding year and was elected district attor- ney in 1852, serving three terms. In 1858 he was elected to the United States Congress from the district composed of Cumber- land, Perry and York Counties. In 1871 he was elected president judge of the district then composed of Cumberland, Perry and
CHAS A. BARNETT,
JAMES M. BARNETT,
FATHER AND SON WHO BECAME JUDGE. Chas. A. Barnett was the first Native Son of Perry County to be Elected Judge. James M. Barnett is the Present Incumbent.
Juniata Counties. He died October 9, 1908. After serving on the bench he resumed his practice. He was noted for the sound- ness and thoroughness of his legal knowledge. His eloquence of diction and sense of humor were marked.
In 1874, by an act of the legislature approved on April 9th, Perry and Juniata Counties became the Forty-First Judicial District, and have so remained since.
The sixth judge of Perry County was Charles A. Barnett, who was the third to get the coveted position by election, the second resident of the county to attain the distinction, and the first judge to have been born within the limits of the county, his birthplace having been in New Bloomfield, on the farm from which the lands for the county seat were donated by his father, George Barnett.
467
THE BENCH AND BAR
He graduated at Marshall College at Mercersburg, in 1853. He taught school in the Mississippi valley, and on his return to New Bloomfield became the principal of the New Bloomfield Academy -now the Carson Long Institute. In the meantime he was reading law in the office of B. F. Junkin and was admitted to practice law in August, 1857. In 1863 he was elected to the state legislature. He was subsequently appointed register in bankruptcy, which appoint- ment he held until the repeal of the bankrupt law. He was elected president judge in 1881. He died January 29, 1917, having returned to active practice. His high moral standards and sense of right, coupled with a thorough legal knowledge, gave him a wide judicial reputation.
The seventh president judge to preside was Jeremiah Lyons, who was elected in 1891, being the fourth to attain the judgeship by election. He was a son-one of thirteen children-of Nicholas and Sarah (Yohn) Lyons, and was born in Saville Township, Perry County, September 16, 1839. He was educated in the com- inon schools and at Markelville Academy. He read law with Ezra Doty, of Mifflintown, and was admitted to the bar there in 1863. He practiced at Mifflintown until his election to the bench, Novem- ber, 1891. His election came through a four-cornered contest, the conferees of both parties of the two counties failing to agree on a nominee. He was a member of the electoral college in 1876. He was president of the First National Bank of Mifflintown from its organization until his election as judge. He died in November, 1900, while on a visit to Philadelphia. Judge Lyons was a man of the people. He was learned in the law, frank in manner, and of a genial nature.
The eighth president judge, L. E. Atkinson, came to the posi- tion in 1900, by appointment, to fill the unexpired term of Judge Lyons. Mr. Atkinson was born in Juniata County, June 16, 1841, and educated in the common schools and at Airy View and Miln- wood Academies. He graduated in medicine at the University of New York in 1861, entered the medical department of the Union Army, serving throughout the war. He was disabled during the war so that he had to use crutches and could not follow the prac- tice of medicine. He then read law with Edmund S. Doty, and was admitted to the bar in 1870. He was a member of Congress for two terms. Judge Atkinson was untiring and had a thorough knowledge of the law.
James W. Shull, still in active practice at New Bloomfield, be- came the ninth judge, having been elected on the Republican ticket in 1901. Mr. Shull was born in Spring Township, November 5, 1856, the son of Samuel and Elvina ( Albert ) Shull. He was edit- cated in the public schools of Pen and Wheatfield Townships, at Prof. Wright's Normal School at Millerstown, and at the New
.
468
HISTORY OF PERRY COUNTY, PENNSYLVANIA
Bloomfieldl Academy. He read law with W. Il. Sponsler, I, then a leading attorney at the bar, and was admitted to practice in April, 1881. Judge Shull ranks among the foremost members of the Perry County bar, which has always had a reputation for its abil- ity and thoroughness.
Wm. N. Seibert became the tenth president judge, in January, 1912. William Neilson Seibert, son of Rev. Samuel W. Seibert, was born in Centre Township, Perry County, May 28, 1848. Edu-
JUDGE WM. N. SEIBERT.
JUDGE, JAMES W. SHULL.
cated in the common schools and the New Bloomfield Academy. he read law in the office of Wm. A. Sponsler, and was admitted to the bar in August, 1869. From 1871 to 1875 he was clerk to the county commissioners in connection with his practice. He was a candidate for judge in 1891. in the four-cornered fight, when both the Republican and Democratic parties of the two counties ( Perry and Juniata) failed to agree upon a nominee, and both par- ties presented two candidates for judge, one from each county. Mr. Lyons won the election, with Mr. Seibert running second. Twenty years later he was the nominee of the Democratic party and was elected. He died at Duncannon while awaiting a train. February 11, 1918, during his term. Judge Seibert had a great legal mind, was over studious, had high moral principles, and a genial disposition. His elder son and law partner, Win. S. Seibert. died a year later, April 17, 1919.
469
THE BENCH AND BAR
Jeremiah N. Keller, through appointment to fill the vacancy caused by the death of Judge Seibert, became the eleventh man to fill the judgeship. The appointment was valid only until the next regular judicial election. He was born in Juniata County, August I, 1858. He was educated in the public schools, at Airy View Academy, and graduated from the Central State Normal School at Lock Haven in 1883. He taught in his home county for five years, two of which he was principal at Mifflintown. He read law with L. E. Atkinson, and was admitted to the bar in 1888. He represented his county in the legislature in 1896-97. Hle prac- tices his profession at Mifflintown.
The present president judge, James M. Barnett, the twelfth to fill the position, is a son of Charles A. Barnett, who was the sixth judge of Perry County. He was born in New Bloomfield, May 24, 1870. His mother was Mary ( McClure) Barnett. He was educated in the public schools, the New Bloomfield Academy, and at Princeton College, now Princeton University. He was the Republican nomi- nee in 1911, but was defeated by Wm. N. Seibert, largely on the temperance question, then the foremost issue. He was elected in 1919, the first to be elected upon a non-partisan ticket, that being the law then in force. He read law with his father, and was ad- mitted to the bar in April, 1892. Judge Barnett has a wide repu- tation as a lawyer. His administration so far has met with public approval at home and abroad.
SPECIAL, LEGISLATION RELATING TO PERRY COUNTY.
Throughout this book, at various places there will be found the record of special legislation pertaining to Perry County, and, in most instances it is not considered necessary to refer to it again. This legislation naturally dates to the very act creating Perry County, printed elsewhere in full.
Before the county's erection, special legislation relating to the territory was passed, the more important being the act of February, 1773, making Sherman's Creek a public highway and authorizing James Patton to con- struct a dam in the creek; that of March 13, 1795, authorizing Wm. Beatty to erect a dam in the Juniata River from Sheep Island, near it mouth, to the west bank of the river; that of March 8, 1799, authorizing Matthias Flam and David Watts to establish a ferry on the Susquehanna at or near the mouth of the Juniata; that of March 29, 1813, authorizing the appoint- ment of commissioners to make an artificial road from Millerstown to the Franklin County line, "to go through Mckessonsburg, and thence via Daniel Sprenkle's," and that of March 28, 1814, incorporating the Millers- town Bridge Company.
The first special act relating to Perry County after its establishment was one passed March 15, 1821, pertaining to the appeals, etc., from the judgment of justices of the peace (of that part of Cumberland which be- came Perry) which happened after March 22, 1820, transferring them to the Perry County courts.
470
HISTORY OF PERRY COUNTY, PENNSYLVANIA
Another was passed April 2, 1821, and related to fences in Perry and Cumberland Counties, boroughs excepted. Section 2 provided that a fence four and a half feet high be a legal fence.
The acts relating to the location of the county seat appear in the chapter relating to that subject.
The act of April 23, 1829, authorized Stephen Duncan and John D. Mahon, their heirs and assigns, "to erect, build and support a good and substantial bridge over Sherman's Creek, in Perry County, at the mouth of said creek," and to
"Erect a gate upon or near . said bridge and collect the tolls hereinafter granted, from all persons passing over the same with horses, cattle, carts and carriages, or on foot, that is to say : for every coach, landau, phaeton, stage wagon or other pleasure carriage with four wheels, drawn by four horses or mules, the sum of twenty-five cents; and for every such carriage drawn by two horses or mules, the sum of eighteen cents, and for every such carriage drawn by one horse or mule, the sum of twelve and a half cents; for every wagon drawn by four horses or mules, twenty cents; for every chaise, riding chair, sulky, cart, or other two-wheeled carriage, sleigh or sled, with two horses or mules, the sum of twelve and a half cents, and so in proportion, if more horses or mules are added to the number herein mentioned; and for every such carriage drawn by one horse or mule, the sum of ten cents; and for all the above description of carriages drawn in whole or in part by oxen, two oxen to be estimated equal to one horse; for a single horse and mule rider, the sum of six cents; for every led horse or mule, three cents; for every foot passenger, two cents; for every sheep or swine, the sum of half a cent; for every head of horned cattle, the sum of one cent."
A further provision said that "the tolls authorized should not be taken from any person or persons going to or returning from public worship on the Sabbath, going to or returning from funerals, going to or returning from training in the military, or persons going to or returning from general or township elections." Section 3 provided that if the commissioners saw proper the grand jury could appoint a jury of twelve to place a valuation upon the bridge and a sale made to the county on the condition that the bridge be free.
An act of April 8, 1833, authorized John Everhart, of Juniata Township, "to erect a wing dam in the Juniata, on the east side thereof, at or near Juniata Falls," for the purpose of using water power.
The Perry County Mutual Fire Insurance Company was incorporated by the act of April 18, 1843, by Finlaw McCowen, David Darlington, John Gotwalt, John Witherow, David Deardorff, John Rice, John McBride, David Lupfer, Joseph Casey, James Black, Samuel Leiby, John Junkin, Henry Fetter, Wm. B. Anderson, Abram Addams, Thomas Cochran, Rob- ert Elliot, Abram B. Demaree, Jacob Evinger, and Jacob Shearer. Among the provisions of the act was a requirement that $50,000 be subscribed be- fore the act become effective, that the first thirteen names constitute the board of directors, and that a twenty-five-year limit be placed on the act becoming effective. A supplementary act of April 10, 1845, gave the com- pany the privilege of writing insurance in any county of the commonwealth. By a provision of a blanket bill covering various subjects, dated March 25, 1852, members of the company were made competent witnesses in suits brought against the company, unless individually parties to the suit. By an act of February 25, 1858, the mimber of directors was reduced to twelve, and a number of provisions of the company relative to insurance, defined.
An effort was once made to build a bridge at Liverpool, as the act of April 29, 1844, shows. It provided for the incorporation of a company for the erection of a bridge at or near Liverpool. The shares were to be $25
471
THE BENCH AND BAR
each and the following commissioners appointed in the act: From Dauphin County, Jacob Seal, James Freeland, G. W. Finney, John Sherer and Israel Carpenter; from Perry County, F. Rinehart, S. Shuler, Isaac Meck, D. Steward, J. H. Case, H. W. Shuman and James Jackman.
The recent general act relating to the establishment of the office of sealers of weights and measures was not a new law, but rather the revival of an old one. Such an act became effective, upon its signature, April 15, 1845, and on April 14, 1859, its provisions were repealed in so far as Perry, Cumberland and Clarion Counties were concerned. John W. Gotwalt was once the incumbent in Perry County.
The act of March II, 1850, made it illegal to erect a free bridge within one mile of à toll bridge over the Juniata River. The act of March 11, 1851, compelled the supervisors to open a road from Finlaw McCowen's (the Oliver Rice farm, in Centre Township) to Caroline Furnace (Bailey's Station), in Miller Township. That and other minor acts relating to Perry County were passed at that session.
The Odd Fellows' Hall Association of Perry County was incorporated March 22, 1850, for the purpose of building an Odd Fellows' hall at Liver- pool.
A temperance hall had been built at Ickesburg, and the act of April 17, 1854, authorized its sale, and the money to be returned to contributors. The lot had been conveyed to Robert Elliott by James Milligan and Elea- nor, his wife.
The act of March 8, 1856, authorized the county to borrow annually a sum not to exceed $1,000.
An act of March 27, 1865, related to the office of jury commissioner.
The act of March 27, 1866, provided that "no license be issued to any person, or persons, to sell spirituous, vinous, malt or brewed liquors, for drinking purposes, in the borough of Duncannon, in Penn Township, or within two miles of the same." Six years later, the act of May 12, 1871, repealed the former act.
By an act of February II, 1868, Centre Township was authorized to use for school purposes any bounty money for volunteers collected by special taxation and yet in their hands.
A special act of March 18, 1868, was passed and provided for the pro- tection of wild turkeys in Perry County and prohibited their being killed "except from October I to January I."
By an act dated March 21, 1868, the island (Wister's) in the Susque- hanna River, then a part of Middle Paxton Township, Dauphin County, was annexed to Penn Township, Perry County. It was designated as con- taining fifty acres, more or less, and belonging to Langhorne Wister, hav- ing thereon erected a tenant house and barn, and located about a mile from the mainland of Dauphin County and about 200 yards from the Perry County shore, and cultivated by the owner in connection with his farm in Perry County.
An act dated March 25, 1868, applied to Perry County the provisions of an act passed April 18, 1853, relating to Westmoreland County, which provided that bridges which were erected by the county must be kept in repair by the township or townships in which they are located, in the same manner prescribed by law in relation to public roads.
Perry County was included in the act of April 9, 1868, passed for "the relief of citizens of certain counties whose property was destroyed, damn- aged or appropriated to the public service and in the common defense, in the war to suppress the rebellion."
The act of April 11, 1868, authorized the county commissioners to pay $600 to the supervisors of Jackson Township for the erection of a public
.
472
HISTORY OF PERRY COUNTY, PENNSYLVANIA
bridge over Houston's Run, at a point near Baltozer's foundry, where the main road from Blain to Newville crosses that stream.
The act of March 12, 1869, gave to justices of the peace of the county the right to empanel a jury of six for the trial of certain cases. Another act signed the same day created the law library.
The act of February 10, 1871, incorporated the Bailey's Station Rope Ferry Company, with a capital of $25,000. The directors named in the act were Isaac Meck, George Blattenberger, David Deckard, John Stephens, John Herr, Lewis Acker, Joseph Bailey and George Hoffman.
The Perry County Mutual Benefit Association was incorporated by the Pennsylvania Legislature, March 9, 1872, with John R. Shuler, William McKee, Robert N. Wallis, Lewis Potter, Charles L. Murray and J. W. Gotwalt as incorporators. Section 2 required the payment of an assess- ment of $1.10 by the membership on the death of any member.
The act of April 12, 1872, gave to "Isaac Crow, his heirs and assigns" the right to make landings as far north as the canal lock below Liverpool, and as far south as Mount Patrick, and on the east side of the Susque- hanna, along the line of the borough of Millersburg.
The act of April 10, 1873, authorized the county commissioners to bor- row a sum not exceeding $9,000 to build a bridge over the Juniata River. Early legislation appears odd to this generation. For instance, the act of March 23, 1818, authorizing the building of the Clark's Ferry bridge provided for 1,000 shares at $25 each, seemingly an insignificant sum in our day for such a project.
CHAPTER XXVIII.
*THE PUBLIC PRESS.
P ERRY COUNTY has not only had many able men connected with newspaper publications, but it has given to the nation one of a quartet of the greatest of American editors, the late Col. Alexander K. MeClure, who for so many years was the editor of the Philadelphia Times, at that time a paper with a political in- fluence that extended over the entire nation. Elsewhere in this book is a chapter which relates to his life. Compared with those of other counties, Perry County has several papers and a number of newspaper men who are the equals of those to be found any- where upon the country press, and whose product equals and ex- cels very many city publications. During the past century men connected with the press of Perry County have not only repre- sented their constituents in the legislative halls of the state, but of the nation as well.
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