History of Tioga County, Pennsylvania, with Illustrations, portraits and sketches of prominent families and individuals, Part 15

Author: Sexton, John L., jr; Munsell, W.W., & co., New York, pub
Publication date: 1883
Publisher: New York, Munsell
Number of Pages: 486


USA > Pennsylvania > Tioga County > History of Tioga County, Pennsylvania, with Illustrations, portraits and sketches of prominent families and individuals > Part 15


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65


JUDGE J. B. GIBSON-JUDGE R. G. WHITE


tablet of brass; injuries were written in the sand. He president judge of this judicial district, and he was re- never let the sun go down on his wrath. His accomplish- ments were very extraordinary. He was born a musician, and the natural talent was highly cultivated. He was a connoisseur in painting and sculpture. The whole round of English literature was familiar to him. He was at home among the ancient classics. He had a perfectly clear conception of all the great truths of natural science. He had studied medicine in his youth, and understood it well. His mind absorbed all kinds of knowledge with scarcely an effort. Abroad he has for many years been thought the great glory of his native State. Doubtless the whole commonwealth will mourn his death; we all have good reason to do so. The profession of the law has lost the ablest of its teachers, this court the brightest of its ornaments, and the people a steadfast defender of their rights, so far as they were capable of being pro- tected by judicial authority. For myself I know no form of words to express my deep sense of the loss we have suffered."


Such was the character of the first presiding judge at the first court held in Tioga county. His example-his courtesy, urbanity, decorum and impartiality-made a lasting impression upon the members of the bar, and created a high standard for the legal fraternity, which happily has been maintained by his successors, Judges Conyngham, Herrick, White, Williston, Williams and Wilson. Even in the wilderness of Tioga at that early day there was some of the best legal talent of the State, as will appear from our comments on the bar.


The associates upon the bench with Judge Gibson, as we have stated, were Hon. Samuel W. Morris and Hon. Ira Kilbourn. Of Mr. Morris we speak in our history of Wellsboro. Judge Kilbourn was a resident of Lawrence- ville, and one of the most active business men of that locality, being engaged chiefly in lumbering. He was a gentleman of extensive reading, an upright citizen and a just judge.


In our further remarks upon the bench we shall only refer to those judges who have presided in this district that were residents of Tioga county, viz., Hon. Robert G. White, Hon. Henry W. Williams and Hon. Stephen F. Wilson.


Robert Gray White was born on an island in the Sus- quehanna River in Northumberland county, Pa., in Jan- uary 1807. His father died when Robert was quite young, and his mother married again and subsequently removed to a point in Lycoming county on the West Branch, between Jersey Shore and Lock Haven. Here were passed his early years. He entered Jefferson Col- lege, Washington county, at a comparatively early age, and graduated with honor. He read law with Judge Parsons of Jersey Shore, at Pittsburgh, and with Judge Shippen at Meadville, Pa. His preparatory studies com- pleted he came to Wellsboro in 1829, when he was in the 23d year of his age, and immediately commenced the practice of the law. He soon took a leading position at the bar, and was a member of the constitutional conven- tion of 1838, and treasurer of Tioga county in 1842-43. He was for a time extensively engaged in lumbering in Delmar, Shippen and Pine Creek, owning mills and valu- able tracts of timbered lands. In 1851 he was elected


elected in 1861 and served until the close of 1871, thus holding the office twenty years, winning the confidence and esteem of his fellow citizens, the members of the bar of the district, and all with whom he came in contact. For several years before the close of his official term the work of the district had materially increased, and as he was in quite feeble health an additional law judge was elected, pursuant of an act of the Legislature; Hon. Henry W. Williams, of Wellsboro, occupying that posi- tion from May 1865, and thus relieving Judge White from the accumulating business of this fast developing district. He retired from the bench at the close of the year 1871, and at his fine home, a few rods north of the present Parkhurst House in Wellsboro, he spent the clos- ing years of his life in the midst of his family. His wife was the daughter of William Bache sen. Judge White died September 6th 1875, in the 68th year of his age. The court was in session at the time in Wellsboro, and his death was formally announced by Judge Williams, whereupon on motion the court adjourned. After the adjournment a meeting of the bar was organized to take action in relation to his death. Judge Williams was called to the chair, and Hon. M. F. Elliott was ap- pointed secretary. On motion of F. E. Smith a com- mittee of five was appointed to draft resolutions expres- sive of the great loss the bar and the country had sus- tained in the death of Judge White. In presenting the preamble and resolutions the chairman, Mr. Smith, made some very feeling and appropriate remarks upon the character of the deceased, and among other resolutions reported the following:


"Resolved, That in Judge White we recognize what has been appropriately said to be ' the noblest work of God ' -an honest man. Honorable and hightoned in all his thoughts and actions, as such he adorned the profession of his choice; upright and impartial as a judge, the judi- cial ermine was never soiled by his wearing it. Courte- ous, kind and liberal as a citizen and a parent, the world was made the better by his living in it."


Remarks were made by many members of the bar, and a committee was appointed, consisting of George W. Merrick, William A. Stone and M. F. Elliott, to make suitable arrangements for attending the funeral. The funeral occurred on Thursday, September 9th 1875, from the judge's late residence, and was largely attended. Business places in Wellsboro were closed during the solemn obsequies. The beautiful ritual of the Protestant Episcopal Church for the burial of the dead was read by Rev. Dr. Breck, and the body of one long known, re- spected and honored was laid away in the tomb. Mr. White had made Wellsboro his home when he was in the first bloom of young manhood, when Wellsboro was a small hamlet in northern Pennsylvania. For 22 years he practiced at the bar of Tioga, Potter, Bradford and other counties of the district; had engaged also in active business enterprises, and had for twenty years presided over the courts of the district, endearing himself to all classes by his unswerving justice,-tempering it with mercy,-by his high sense of honor, courteous manners,


8


66


HISTORY OF TIOGA COUNTY.


and all the ennobling traits which elevate mankind; it was no wonder his death was widely and sincerely mourned. His widow survives him, and resides in the R. G. White homestead in Wellsboro, honored and re- spected.


The court as now constituted consists of Hon. Henry W. Williams, president judge; Hon. Stephen F. Wilson, additional law judge; Hon. George H. Baxter, associate judge; Hon. Harvey Lamkin, associate judge; officers of the court-General Robert C. Cox, prothonotary and clerk; George C. Bowen, clerk of the orphans' court; Henry M. Foote, district attorney; Henry J. Landrus, sheriff; Thomas P. Wingate, crier; B. C. Van Horn, janitor.


The associate judges from 1813 to 1882 have been .-- Samuel W. Morris and Ira Kilbourn, from 1813 to 1830; subsequently John Ryon, Curtis Parkhurst, Jonah Brew- ster, Simeon Power, Levi J. Nichols, Edwin Dyer, J. C. Whittaker, Abel Humphrey, Victor Case, Royal Wheeler, Charles F. Veile, E. T. Bentley, L. B. Smith, D. McNaughton, John F. Donaldson, M. K. Retan, Peter Van Ness, G. H. Baxter and Harvey Lamkin.


Hon. Henry W. Williams, successor to Hon. Robert G. White, was born in Harford, Susquehanna county, Pa., July 30th 1830. At Franklin Academy he was fitted for admission to the sophomore class of Amherst College, but was prevented from entering college by a severe illness, which disabled him for study for over two years. When he was in his 22nd year he commenced the study of law with Hon. E. B. Chase, of Montrose, Pa. In May 1852 he came to Wellsboro, when he continued the study of law under the instructions of Hon. John W. Guernsey, and was admitted to the Tioga county bar in January 1854. In March 1855 he was admitted to practice in the supreme court of Pennsylvania, and in 1856 to the United States district and circuit courts.


Mr. Williams immediately upon his admission to the bar took a high rank and won much fame as an advocate, being an eloquent, fluent and logical speaker; and had he continued to practice at the bars of the several courts to which he was admitted, instead of going upon the bench, he would have acquired a national reputation for his oratory and forensic acquirements. He however chose to accept the office of additional law judge, ten- dered him by Gov. Andrew G. Curtin for the 4th judicial district, composed of the counties of Tioga, Potter, McKean, Elk and Cameron. This was in March 1865. In the fall of the same year he was elected for a term of ten years from the first of December following. In 1871 he was elected president judge of the same district, and served with distinction for a period of ten years. In 1881 he was unanimously elected for a second term of ten years, from the ist of January 1882. He has served seventeen years upon the bench as additional and presi- dent judge. In 1874 he was appointed one of the board of seven commissioners to revise the new constitution. In 1877 he was appointed one of the delegates to repre- sent the Presbyterian church of the United States in the Pan-Presbyterian council at Edinburgh, Scotland. He


delivered an address before that body, which is to be found in the printed proceedings of the council. In 1881 he represented Pennsylvania in the international Sunday-school convention at Toronto, Canada, and was chosen one of its vice-presidents. He has been for sev- eral years one of the State executive committee of the Sunday-school association and of the Young Men's Christian Association. On the 24th of June 1882 he de- livered an address before the grand lodge of Ancient York Masons at Philadelphia, it being the 105th an- niversary of its establishment. This address is highly spoken of among the fraternity of the State.


Although the duties pertaining to the bench have been laborious, still Judge Williams, as we have seen, has found time to make his impress upon the church, Sunday- school, Christian association and free masonry. While discharging his duties upon the bench he has not neg- lected those other duties which are incumbent upon all good citizens of a community, State and nation. He holds in an eminent degree the affections and confidence of the people in the 4th judicial district and of the entire commonwealth.


Stephen Fowler Wilson, youngest of the seven children of George and Jane Wilson, who were natives of Ireland, was born in Columbia township, Bradford county, Pa., September 4th 1821. He lived on a farm until 18 years of age, attending district school in the winter season, and subsequently attended Wellsboro Academy and became one of the assistant teachers. He began reading law with Hon. James Lowrey of Wellsboro, in 1842, and was admitted to the Tioga county bar February 20th 1845. The committee on examination consisted of Hon. Rob- ert G.White (afterward president judge), Hon. John C. Knox (subsequently attorney general and judge of the supreme court), and John W. Guernsey, subsequently State senator and a distinguished member of the bar. Mr. Wilson passed his examination very creditably and was admitted, Judge John N. Conygham presiding. He commenced practicing immediately, and subsequently went into a law partnership with Hon. L. P. Williston. Afser remaining with him several years he formed a co- partnership with Hon. James Lowrey, which existed until Mr. Lowrey removed from the county. Mr. Wilson after- ward formed a partnership with Hon. Jerome B. Niles, and continued with him until appointed additional law judge for the 4th judicial district. In 1862 he was elected to the Senate of Pennsylvania, representing the counties of Tioga, Potter, McKean and Warren. He made a fine record in the Senate and was very popular with his constituents, and in the fall of 1864 was elected to Congress, representing a district composed of the counties of Tioga, Lycoming, Center, Clinton and Pot- ter. He was re-elected, thus serving four years during the most exciting times of the late Rebellion and the period of reconstruction. In 1864 he represented this district in the national Republican convention at Balti- more, which renominated President Lincoln. Mr. Wil- son had acted with the Democratic party until 1854, when he joined what has since been known as the Re-


Berry, A Williams


IsRobinson


67


BENCH AND BAR OF TIOGA COUNTY.


publican party. In the year 1871 he was appointed by Governor John W. Geary additional law judge for the 4th judicial district, composed of the counties of Tioga, Potter, Mckean and Cameron; in 1872 he was elected for the term of ten years, and he has discharged the duties of the office in a highly honorable and creditable manner.


Judge Wilson is peculiarly distinguished for his frank- ness and cordiality and his social and companionable nature. He is gifted with a rare fund of good humor. which peculiarly marks the descendants of the sons of the Emerald Isle; yet while upon the bench he presides with dignity and decorum. He takes a lively interest in agriculture and everything pertaining to the field, and is the possessor of a fine farm, well stocked. He was pres- ident of the Tioga County Agricultural Society in 1875. He is a valuable member of society, genial, social and public spirited. He is unmarried, yet possesses none of those traits which are said to distinguish the " crusty old bachelor." He has many warm personal friends through- out his district, State and nation, and is noted for his benevolent heart and kindly impulses. He resides at Wellsboro, and for many years has made his home at the hotel of Cole Brothers.


George H. Baxter was born in the town of Addison, Steuben county, N. Y., November 9th 1824. His father and grandfather were natives of Connecticut, and re- moved from that State into Schoharie county, N. Y., and subsequently into Chenango county early in the present century, the former afterward settling in the town of Addison. For a number of years before his death, which occurred in 1838, the father was a justice of the peace. His widow married again, which left George to his own resources, and he worked in the summer on the farm, and in the winter attended the district school, until he was 21 years of age, when he married Sarah, daughter of James and Mary Campbell, of Nelson, Fioga county, Pa. In 1849 Mr. Baxter removed to Nelson, when his wife died. In 1850 he was married to Clarissa, daughter of Thomas and Betsey Manley, of Canton, Bradford county, Pa., by whom he has five children, one son and four daughters.


In the fall of 1849 Mr. Baxter entered into partnership hereditary, handed down from the days of Judge John


with G. W. Phelps in the mercantile business at Nelson. This continued one year, when he sold out and engaged in the grocery and provision trade by himself. He has been engaged in business from time to time ever since; was appointed postmaster at Nelson in 1861, and held the office 19 years, resigning it to accept the office of associate judge in 1880. He is now actively engaged in farming, owning 250 acres adjoining the village of Nel- son. Judge Baxter is a gentleman of good sense, and practical business habits, and honors the position he oc- cupies.


IS51. where he labored two years, after which he preached several years in Bradford county and in the State of New York. He was then stationed three years at Mansfield, Tioga county, and three years at Blossburg, at which latter place his energy was instrumental in the erection of the church edifice in which the Methodists now worship. From Blossburg he removed to Tioga, where he preached three years; then spent three years very acceptably at Mainsburg, and was reappointed to Tioga, where he remained two years, when, his strength failing, he took a. superannuated relation in October 1881. In the autumn of that year he was elected asso- ciate judge of Tioga county upon the Republican ticket; he took the oath of office the first Monday in January 1882, and ascended the bench in the seventieth year of his age.


THE BAR OF TIOGA COUNTY.


A large number of the members of the Tioga county bar have arisen to places of distinction and honor, not only in Pennsylvania but in other parts of the land. Ellis Lewis, John C. Knox, John W. Ryon, John W. Maynard, Robert G. White, William Garretson, James Lowrey, John W. Guernsey, Stephen Pierce, Clarendon Rathbone, Butler B. Strang, C. H. Seymour, John I. Mitchell, Henry Sherwood, Jerome B. Niles, Mortimer F. Elliott, Henry W. Williams, Stephen F. Wilson, George W. Merrick, William A. Stone and a host of others have added lustre to their names, reflected credit and honor upon their profession, and given the Tioga county bar an enviable reputation in the counties of the " northern tier." The salubrity of the climate, and the absence of the noise, confusion and bustle of populous towns, have enabled the student and practitioner of law among the hills and vales of Tioga to delve deep in the tomes of legal lore, and cultivate a style of ex- pression which peculiarly distinguishes the speeches of the members of the bar of this section of the State for conciseness, order, symmetry and logic, a depth of reasoning and a happy and felicitous construction of sentences, which are not only attractive to the ear, but convincing to the minds of their hearers. It seems Bannister Gibson to those of Judges Williams and Wilson.


The attorneys present at the first court held in Tioga county were Robert McClure, Ethan Baldwin, Henry Wilson and Francis Campbell. The first resident lawyer at the county seat was William Patton. He owned the place where Judge Williams is now erecting a splendid residence. Ellis Lewis came soon after, and in one sense of the term can be called the father of the Tioga county bar. During the 69 years of the organization of this bar there have been hundreds admitted to practice, a large number of whom were not residents of the county. To undertake to search the record of the court visable, for it would swell this article to a volume.


Harvey Lamkin was born in the town of Ulysses, Tomp- kins county, N. Y., November 18th 1812, and educated for every transient practitioner has been deemed unad- in a district school. In 1849 he commenced preaching as a Methodist minister. His first appointment as such The present members of the bar residing in the county are: in Tioga county, Pa., was in the township of Jackson, in


68


HISTORY OF TIOGA COUNTY.


John W. Adams and Henry Allen, Mansfield; Thomas Allen and John N. Bache, Wellsboro; Clark W. Beach, Elkland; A. S. Brewster, Wellsboro; H. L. Baldwin, Tioga; David Cameron and S. T. Channell, Wellsboro; Frank W. Clark, Mansfield; D. L. Deane, A. L. Ens- worth, Mortimer F. Elliott and H. M. Foote, Wellsboro; M. L. Foster, Westfield; John W. Guernsey, Tioga; Jeff. Harrison, Wellsboro; Samuel E. Kirkendall, Mil- lerton; Howard F. Marsh, John W. Mather, J. H. Mat- son, George W. Merrick, John I. Mitchell and Jerome B. Niles, Wellsboro; John Ormerod, Knoxville; Horace B. Packer, Wellsboro; John S. Ryon, Elkland; Clarendon Rathbone, Blossburg; A. Redfield, Lawrenceville; Henry W. Roland, Blossburg; T. C. Sanders, Westfield; C. H. Seymour, Tioga; Henry Sherwood and Walter Sherwood, Wellsboro; F. E. Smith, Tioga; A. Streeter and Butler B. Strang, Westfield; Robert C. Simpson, Wellsboro; L. H. Tuttle, Tioga; L. P. Williston and F. Watrous, Wellsboro; R. T. Wood, Elkland; Ezra B. Young. Wells- boro.


Before proceeding to speak of the present members of the bar we will briefly allude to a few of those early prac- titioners who did much to give it dignity and establish a high standard for its members. Among these we find the names of Ellis Lewis, James Lowrey, John C. Knox, William Garretson, Josiah Emery, John W. Ryon and others.


Hon. James Lowrey was born in Farmington, Conn., in 1802, and graduated at Yale College in the class of 1824. Soon after his graduation he came to Tioga county, and for a term taught in the academy at Wells- boro, and subsequently at Lawrenceville. He however chose law as his profession; entered upon its duties with Hon. Ellis Lewis at Wellsboro, and was admitted to the bar in 1826. After his admission he became the law partner of Judge Lewis, his preceptor, who afterward became chief justice of the commonwealth. For a period of 39 years Mr. Lowrey practiced at the bar of Tioga county, removing in 1865 to Burlington, N. J. During this long period he won the esteem, confidence and re- spect of the entire bar and the community in general. He was a gentleman of scholastic attainments, a lover and student of the best literature, and did much to stim- ulate the intellectual life of Wellsboro. He was very. modest and unassuming and not distinguished as an ad- vocate, but wise in counsel, enjoying a very large and lucrative practice. In 1835 he was married to Miss Mary W., daughter of Hon. Samuel W. Morris, a lady of culture and refinement. His home and his office were for years centers of attraction for the student and lover of learning, and several of the present members of the bar owe much to Mr. Lowrey's kind and careful instruc- tion in legal knowledge. It has been truthfully said of him that "his professional career was without a stain, and his private life equally spotless in its purity; and he was distinguished alike for his modesty and his learning, for his gentleness of heart and his clearness of head." He represented Tioga county in the popular branch of the State Legislature for the years 1853-4. He never


sought public or political distinction, rather desiring the companionship of his books, pursuing his chosen profes- sion. His close application to business and study under- mined his health, and in 1865 he determined to remove from Wellsboro, abandon the practice of law and re- cuperate his physical strength. He accordingly went to New Jersey and engaged in light farming, which for a time agreed with his shattered constitution, giving him strength and ample leisure for gratifying his taste for reading. He however died suddenly on the 30th of November 1875, in the 73d year of his age, at Burling- ton, N. J. In his death the bar of Tioga county lost one of its oldest, most useful and most exemplary members. Court was in session at Wellsboro when the news of his death was received, and Judge Williams announced the fact in feeling and appropriate terms. Remarks were also made by Hon. Stephen F. Wilson, who had been a law partner of Mr. Lowrey, and by Messrs. H. N. Wil- liams of Troy, Henry Allen of Mansfield, and J. B. Niles, John 1. Mitchell and G. W. Merrick of Wellsboro; and a committee was appointed, of which Hon. H. W. Wil- liams was chairman, to report a suitable preamble and resolutions expressive of the deep grief and great loss of the bar of Tioga county. The court then adjourned.


William Garretson was born in Mount Pleasant, Ohio, October 13th 1801. He taught school at Alexandria, Virginia, in 1820. In 1821 he removed to Lewisberry, York county, Pa., and remained there until 1825. While at Lewisberry he studied medicine with Doctor Webster Lewis, brother of Chief Justice Ellis Lewis. In 1825 he came to Wellsboro and commenced the study of law with Hon. Ellis Lewis, but removed to Tioga village in 1827. In 1836 he was married to Miss Emily Caulkins of Tioga. The same year he was elected to the Pennsylvania House of Representatives, and was re-elected in 1837. While a member of the Legislature, among other speeches, he made a powerful argument in favor of our common free school system. He opened a law office at Tioga immediately after his admission to the bar, and John C. Knox, afterward judge of the supreme court, read law under his instruction. Mr. Garretson continued to re- side at Tioga until 1869, when he received an appoint- ment in the United States law department of internal revenue at Washington, D. C., where he remained, dis- charging his duties with credit to himself and the de- partment, until his death, which occurred on the 23d of December 1872. The officials and clerks of the depart- ment adopted a series of resolutions commemorative of his services and public and private character, and pre- sented them, neatly and elegantly engrossed, to his family. On the 27th of the same month the bar of Tioga county-the court being in session-upon the announce- ment of his death by Hon. F. E. Smith, took suitable action. The court appointed F. E. Smith, Henry Sher- wood and John W. Guernsey a committee to prepare resolutions expressive of the sentiments of the bench and bar. These were reported, adopted and entered upon the record, with the court proceedings, and remarks made by F. E. Smith, Henry Sherwood, John I. Mitchell




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