History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 30

Author: Mathews, Alfred, 1852-1904. 4n
Publication date: 1886
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 1438

USA > Pennsylvania > Monroe County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 30
USA > Pennsylvania > Pike County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 30
USA > Pennsylvania > Wayne County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 30

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

On the opening of the judicial canvass, in 1883, the Republicans of the distriet nominated Judge Seely by acclamation. The impression he had made during a year on the benchi was strikingly shown in the preamble and resolution accompanying his nomination in Wayne, pre- sented by William H. Lee, one of the most prominent among the younger members of the bar, viz. :

" Whereas, The people properly demand that a can- didate for the judicial office shall possess, in an eminent degree, certain qualities rightly considered indispen- sable to the due performance of judicial functions, among which are a thorough knowledge of the law, mature judgment, a judicial mind, fitted by habit and training to clearly discern and correctly apply the principles of law to the various combinations of facts arising in forensic contests, integrity above sus- picion, rigid impartiality, and freedom from prejudice or prepossession in the discharge of his duties;

" And whereas, The Hon. Henry M. Seely, now the president judge of this judicial district, having long been recognized by the bar, the bench and the public, as endowed with rare intellectual powers, strength- ened, disciplined and ripened by a collegiate educa- tion, profound study, a careful legal training and intimate association with the foremost legal minds of the State, and bearing a character above reproach, is pre-eminently fitted to perform the duties devolving on a presiding judge,

"And whereas, Judge Secly, by the judicious and conscientious discharge of these duties during the past year, has demonstrated his possession of all the qualities essential to a pure and enlightened judi- ciary,-a demonstration emphasized by the fact that in none of the numerous cases tried before him, in this district and in the various other districts in which he has from time to time been called to preside, has a writ of error or an appeal to the Supreme Court been taken. Therefore,

" Resolved, That this convention, guided by the es-

tablished precedents in older counties of the com- monwealth, of opposing changes in the judiciary, and retaining faithful and competent judges in office, presents with just pride the Hon. Henry M. Seely as a candidate for president judge, whose ability as a jurist and worth as a man have been adequately tested and amply proved ; and feeling, in common with all who desire to maintain the high standard of the judi- ciary, that the office should be lifted above the mire of partisan politics, we earnestly appeal to the citizens of this judicial district, irrespective of party affilia- tions, to give him their support at the polls."

The nomination of Judge Seely by the Re- publicans of Pike was equally enthusiastic. Though, previous to his appointment, not so well known in that county as in Wayne, he had, during the short period for which he had oeeupied a seat on the beneh, won a degree of respect and confidence not less than that mani- fested at his own home.

The Democrats of the district were unable to unite on a candidate. Wayne presented George S. Purdy, and Pike elaimed the nomination for Hon. D. M. Van Auken. Both candidates re- mained in the field, and the result was the elee- tion of Judge Seely by a handsome plurality.

With unusual mental endowments, broad eul- ture and weight of character, Judge Seely, dur- ing the three and a half years that he has oeeu- pied a seat on the bench, has made an admirable record. His official action has been marked by an evident sense of responsibility and conscien- tious purpose. It has been in the highest de- gree impartial, free from personal bias, and unaffected by any consideration calculated to warp the judgment, or by any influence not legitimately entitled to weight in the determina- tion of the question before him. His analysis of a ease is searching and accurate. With a profound knowledge of law, he possesses a strong innate sense of justice, and, in a large degree, those peculiar intellectual qualities that constitute what is known in the profession as a "legal" or "judicial "mind-a mind which seizes, as by instinct, on the essential issues before it, and applies to them, with rigorous precision, the legal principles by which they are to be decided. His opinions are models of legal research and judicial logie, applied to a eompre- hensive view of the essential faets. He com- mands the respeet and confidence of the bar,

163

WAYNE COUNTY.

not only of Wayne and Pike, but of the other counties in which he has from time to time been called to preside ; and in an equal degree the confidence of the people.

II. Attorneys in Permanent Practice.

ANDREW M. DORRANCE1 was the first attorney admitted to the bar of Wayne County after the erection of Pike, and the first to make his home and commence practice within the present coun- ty limits. He was a native of Connecticut ; but of his history, before coming to Pennsyl- vania, nothing can now be ascertained, except that he entered Brown University in 1810, and was admitted to the bar of Windham County, Connecticut, March 31, 1815. The manner of his admission there is not without interest to the bar of the present day ; and the law student who now faces three examiners, when a candi- date for admission, undergoes an ordeal appa- rently less severe than that encountered by Mr. Dorrance, who seems to have run the gauntlet of seventeen. The recommendation for his ad- mission was in the following language :

"To the Hon. Court of Common Pleas, now in session at Windham, within and for the county of Windham :

"The subscribers, practicing at Your Honors barr, beg leave to represent that we have examined Mr. Andrew M. Dorrence as a candidate for admission to practice as an Attorney at Law at Your Honors barr, and find that he is a young gentleman of good moral character, that he has complied with the rules of the Barr, and is in all respects well qualified. Therefore we recommend him to Your Honors for admission."

This was signed by seventeen attorneys-ap- parently the entire " Barr" of the county-and on its presentation Mr. Dorrance was admitted to practice.

April 15, 1816, Mr. Dorrance applied for admission to the bar of Pike County. A com- mittee appointed to examine him reported favor- ably the next day, and he was thereupon admitted.

April 22, 1816, he was admitted to the bar of Wayne County, and, taking up his residence at Bethany, commenced practice. He died there April 9, 1818, unmarried.

AMZI FULLER, who, by the untimely death of Mr. Dorrance, became in 1818 the senior resident attorney of Wayne County, was born in Kent, Litchfield County, Connecticut, Octo- ber 19, 1793. He was educated at the classical school of Daniel Parker, in Sharon, Conn. In 1814 Major Jason Torrey, whose son William was attending this school, wrote to Mr. Parker, requesting him to send a good teacher to take charge of a school at Bethany. In response to this, young Fuller came, reaching Bethany May 9, 1814. He made an engagement to teach for six months, but a severe sickness compelled him to leave his school before the close of the term. Early in 1815, having regained his health, he decided to prepare for the bar. Bethany, though for some ten years the county-seat, was still without a lawyer; Mr. Fuller therefore went to Milford, and entered on the usual course of legal study in the office of Dan Dini- mick, maintaining himself, meantime, by writing in the county offices. He was admitted to the bar of Wayne County August 26, 1816, and, forming a partnership2 with Mr. Dorrance, com- menced practice. Less than two years later Mr. Dorrance died, and Mr. Fuller succeeded to the practice built up by the firm, and to the small library which had been acquired.

Wayne County was then a wild, rugged and sparsely populated region, distant from lines of travel, and traversed by few business thorough- fares. Lumber was the main staple of com- merce, and, as the streams by which it was sent to market were small and difficult of naviga- tion, even that was a precarious source of wealth, while its production withdrew attention from agricultural pursuits and left the general face of the country largely unimproved.

The legal business of the county was small. The courts were seldom occupied for more than a week in disposing of the causes, both civil and criminal, that came before them. Hon.

1 Though the name, in the application for admission in Windham, Connecticut, is given as Dorrence, in the records of Wayne County it uniformly appears as Dorrance ; hence the latter form is here adopted.

2 As to the partnership with Mr. Dorrance, referred to in the foregoing sketch, it was apparently of short dura- tion, and was probably formed not long before the death of Mr. Dorrance. The record nowhere shows the appearance of Messrs. Dorrance and Fuller as partners. In some in- stances they appear associated as counsel, much oftener each appears alone, and in many cases they appear on op- posite sides .- H. W.

164

WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA,

Nathaniel B. Eldred had just located at Beth- any, and was a rising barrister of fine manners and commanding talents, and other able lawyers came to Bethany from the adjoining counties to divide a practice which seemed but too small for the resident attorneys. Mr. Fuller's de- pendence was wholly on his profession ; he had no adventitions aids, and engaged in no other business. He gave careful study to the few books which he possessed, and devoted his ener- gics to the faithful dispatch of the business intrusted to him. He cultivated the strictest habits of integrity, industry, temperance and frugality, and rose rapidly to public confidence. The increase in his practice allowed him to marry and establish himself and family in ease and comfort. From being a faithful and con- scientious reader and worker, he grew to be a sound, honest and well-read lawyer, who en- joyed unbounded confidence, and in whose hands no business ever suffered from lack of skill and patience. His credit was unbounded and he left it whole ; it is said of him that he rarely re- mained a fortnight as a debtor. To stranger and to friend alike he was exact, and ever scru- pulous in his every dealing.

These qualities eminently fitted him for of- fices of public trust, but he was not an aspirant for political favor. He held but one civil of- fice, though he was reappointed to it for several successive terms. It was that of deputy attor- mey-general, and he was retained by administra- tions of varying political complexion for many years, discharging its duties with the same zeal, punctuality and skill that marked his private transactions.

During his residence in Bethany Mr. Fuller's house was ever open with a ready and an ele- gant hospitality, and he had the same keen ap- preciation of the duties and privileges of social life that he manifested in his professional deal- ings. He was wide-awake and public-spirited, an ardent supporter of the schools, and alive to the interests of morals and religion. Whatever looked to the advancement of the people had his hearty co-operation. He loved Wayne County, not only because it was the scene of his early professional struggles and triumphs, but because he felt the gratitude of noble manhood.

He had mixed with its hardy, enterprising peo- ple, and they had benefited him no less than he had them. He was alive to the obligation which rested upon him from the recognition of those qualities that had given him success and competence.

Late in middle life Mr. Fuller decided to re- tire from practice, and, in 1841, moved to the house of his son, Henry M. Fuller, at Wilkes- Barre, where he became an active and vahed citizen until his death.

He died while on a visit to his early home in Connecticut, September 26, 1847, in the house in which he was born.

Mr. Fuller, after his removal to Wilkes- Barre, was not engaged in general practice, though frequently consulted in important cases. During the later years of his life three president judges resided in Wilkes-Barre- Hon. John N. Conyngham, of the Thir- teenth District; Hon. George W. Woodward, of the Fourth ; and Hon. Luther Kidder, of the Twenty-first. It was their custom to meet in Mr. Fuller's office and discuss with him all dif- ficult legal questions which had come before them. Judge Conyngham, in speaking of this years afterward, said that Mr. Fuller, on hear- ing the facts, in every instance stated the prin- ciples of law governing the case with such ac- curacy that the three judges never failed to concur in his view.

ORISTUS COLLINS was born in Connecticut September 22, 1792. His father was Dr. Lewis Collins, one of the pioneer physicians of Wayne County. Dr. Collins removed to the county with his family about the beginning of the present century. His first residence was in that part of Canaan since crected into Salem, but in 1803 he made a permanent home within the present limits of Cherry Ridge. The son, after attending the local schools, went abroad to complete his education. He next read law, and was admitted to the bar at Owego, N. Y. Soon afterward he commenced practice in Wilkes- Barre, which thereafter remained his home until advancing years unfitted him for the active duties of his profession. He then removed to Rye, Westchester County, N. Y., and there made his home with his son, Rev. Charles J.

165

WAYNE COUNTY.

Collins. He died January 29, 1884, in his ninety-second year.

He was admitted to the Wayne County bar in 1819, and for a quarter of a century after- ward was a regular attendant on its courts, ex- cept while on the bench in another county. He was one of the most prominent among the at- torneys of that period in Northeastern Penn- sylvania.

In 1836 he was appointed by Governor Ritner president judge of the Second Judicial District, composed of Lancaster County.

On the resignation of Judge Scott, of the Eleventh District, in March, 1838, Judge Eldred not resigning the judgeship in the Eighteenth District to become his successor, as had been anticipated, Governor Ritner proposed to Judge Collins a transfer to the Eleventh District, in which Luzerne County was situated. But the bar of Lancaster strongly pressing him to re- main, Judge Collins declined the transfer, and wrote the Governor recommending the appoint- ment of William Jessup, of Susquehanna County, whereupon the Governor at once commissioned Mr. Jessup.

Near the close of the same year Judge Collins was persuaded, against his better judgment, to take a step that resulted in his retirement from the bench.

The amended Constitution, completed Feb- ruary 22, 1838, fixed the term of president judge at ten years, and required the appointment to be made " by and with the consent of the Senate." It further provided that the com- missions of those " who shall not have held their offices for ten years at the adoption of the amendments to the Constitution shall expire on the 27th of February next after the end of ten years from the date of their commissions." It also declared that " the alterations and amend- ments in the said Constitution shall take effect from the 1st day of January, 1839." At the election held October 9, 1838, a majority of one thousand two hundred and twelve was given for the amendments. December 11, 1838, the number of votes cast was certified by the Speaker of the Senate to the Governor, who, on the same day, issued his proclamation declaring that the amendments had been adopted.

In view of the change of tenure, several judges-among them Judge Gibson, of the Su- preme Court, and Judge Darlington, of Chester County-resorted to the expedient of resigning before the change went into effect, to be at once recommissioned, and their terms of office ex- tended as provided by the amendments. The leading members of the Lancaster bar urged Judge Collins to adopt the same course, but he was unwilling to do so, and for some time de- clined. The project, however, being seconded by Governor Ritner and other officials, he finally yielded a reluctant assent. December 26, 1838, he resigned, and the next day was re- commissioned, to hold the office during good behavior, as provided by the Constitution of 1790.

The State election of 1838 had changed the political complexion of the administration ; David R. Porter, a Democrat, having been chosen to succeed Governor Ritner, who, like Judge Collins, was a Whig. The validity, after January 1, 1839, of the commissions issued to the judges who had resigned was disputed, and writs of quo warranto were issued out of the Supreme Court to determine the question. In the case of Judge Darlington the court was understood to have reached a decision sustain- ing his eommission, which was to be announced on the following Monday. On the Sunday preceding, however, Judge Darlington died, making an adjudication unnecessary. The case against Judge Collins was then proceeded with, and a decision in his favor was confidently ex- pected. It was contended, in his behalf, that as the amendments did not take effect until Janu- ary, 1, 1839, they applied to all commissions then existing, and continued them in foree " until the 27th of February next after the end of ten years " from their date. The Supreme Court, however (Justice Huston dissenting), de- cided against him, and gave judgment of onster, holding that the judicial tenure established by the Constitution of 1790 being expressly altered. by the amendments, all commissions held there- under become null and void on the 1st of Janu- ary, 1839, except so far as they were extended by the amendments ; that by the express terms of the amended Constitution no commissions

166

WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.

were provided for or continued in force except those existing at the adoption of the amendments ; and that the date of such adoption was De- cember 11, 1838, when it was officially certified and proclaimed ; hence that the commission of. Judge Collins, not having been in existence at the adoption of the amendments, was not con- tinued beyond January 1, 1839, when the change in the judicial tenure took effect, and not having been issued " by and with the consent of the Senate," it had no validity under the amended Constitution. (Com. ex rel. v. Collins, 8 Watts, 331). The commission of Judge Gib- son was not affected by this construction, since the amendments applied in express terms to " commissions of the judges of the Supreme Court who may be in office on the 1st day of January, 1839." As to the correctness of the decision against Judge Collins, the opinion of the bar was much divided. It was largely viewed as due to political influences, and the division of opinion, for the most part, followed party lines.

After quitting the bench Judge Collius re- sumed practicc. For some fifteen years after- ward he frequently attended the courts of Wayne County, his last appearance in a matter of any importance being on the trial of Timothy Grady, for arson, in September, 1854, when he was associated with C. P. & G. G. Waller in the defense.

THOMAS FULLER, a younger brother of Amzi Fuller, was born in Kent, Litchfield County, Conn., February 26, 1804. He re- ceived a good education, and about the year 1823 came to Bethany for the purpose of teach- ing in the "Becch woods Academy." While thus engaged he also commenced reading law, under the direction of his brother. Having completed the prescribed course of study, he was admitted to the bar August 19, 1826. He opened an office in Bethany, and wou a marked professional success. The record shows nu- 'merous instances in which the brothers were en- gaged on opposite sides ; the elder being dis- tinguislied as simply " Fuller," while the younger was designated as "T. Fuller." Their rivalry, however, if such it may be styled, was purely professional.

Thomas Fuller was a man of fine abilities and high character, and made a most favorable impression on all with whom he came in con - tact. Besides pursuing his professional dnties, he took an active part in politics, and in prin- ciple was a Whig. Though the district con- tained a Democratic majority of some two thousand, his personal popularity was such that he was twice elected to the Legislature, first in 1830, and again in 1831.

With the removal of the county-seat, he changed his residence to Honesdale, and built the large house on the corner of Second and Tenth Streets. It was scarecly completed, how- ever, when he died, and it was subsequently oc- cupied by his son, William J. Fuller.

Mr. Fuller was married, September 10, 1829, to Caroline Nichols, of New York. She died March 24, 1830. October 31, 1831, lie was married to Martha Robins, of New York. He died in Honesdale, December 16, 1843. His widow survived him until October 17, 1864. Their children were William J. Fuller and Mary R., now widow. of the late Ralph L. Briggs. The former died June 9, 1884. The latter still resides in Honesdale.

GEORGE B. WESCOTT studied law with Wil- liam Rawle, in Philadelphia, and was there ad- mitted to practice. He subsequently came to Wayne County as an agent for Philadelphia owners of lands in the county. He was ad- mitted to the bar of Wayne April 27, 1829, but appears to have given little attention to practice. In 1831 he was appointed prothono- tary, and held the office for four years. He died at Bethany November 28, 1836, aged thirty-one years.

EARL WHEELER .- This venerable man, the patriarch for many years of the Wayne County bar, died at the residence of his brother-in-law, the late Mr. Hiram K. Mumford, in Dyberry township, this county, December 30, 1873, in the seventy-third year of his age. About ten years before he was smitten with paralysis, and was soon after constrained to retire from profes- sional duties. Theu commenced a very gradual declension of his physical powers, which continued to the end. His mental faculties at times suf- fered eclipse, but generally his mind acted with

167

WAYNE COUNTY.

remarkable precision, though with a slowness which was one of its characteristics, even in his prime. On Christmas he was quite comfort- able, but a day or two after a change came over him, and he faded peacefully away.

He was of old Massachusetts stock, being of the sixth or seventh generation of his family in this country. He was born in Montgomery, Hampden County, Mass., in August, 1802. His wife was Fanny Freeman, a sister of Calvely Freeman, late of Mount Pleasant township, this county. She was descended in the maternal line from Elder William Brewster, of the " May- flower " company.

While Mr. Wheeler was still in childhood his parents removed to Hancock, Delaware County, N. Y. They both died there, and were buried in the cemetery on the Preston estate, situated in Buckingham township, this county.

His early educational advantages were not generous, but, through great perseverance, he acquired a thorough mastery of the English language, and made large progress in the higher mathematics, in mental and natural philosophy and in general literature. As he grew up he turned his attention to the legal profession, and entered, as a student, the office of the famous Erastus Root, at Delhi, N. Y. After a time he removed to Susquehanna County, Pa., and be- came a student under Almon H. Reed, at Montrose. He commenced practice at Dundaff. From thence he removed to Bethany, in this county, where he remained until the seat of justice was transferred to Honesdale, when he changed his residence to that place.

For many years he was one of the most prominent and successful lawyers at the Waync County bar. If, in his professional career hc had a blemish, it consisted in the indulgence of the phantasy that his clients were always in the right. It added to his efficiency, if it did at times elicit a smile at his expense.

Mr. Whecler never held a public office. What chance of preferment he had (and that was not insignificant) he sacrificed by a change in his political affiliations, passing from a large ma- jority in his district over to a weak minority, be cause of strong convictions touching the matter of slavery. He was perfectly aware what the con-

sequences of the act would be to himself, but he did not hesitate. As he was made up, he could not falter on any point that he conceived involved a duty to be performed. His new as- sociates subsequently nominated him for repre- sentative in Congress, but he and they under- stood that while the nomination was an honor, it was a barren one, the other side having an unusual preponderance of the voters. Whether there were in him the elements of decided success in public life, except in such lines as in- volved the pursuit of the law, is a point cer- tainly open to question ; but he did not seek the opportunity to solve the donbt, and the oppor- tunity did not come to him. In his ehosen

EARL WHEELER.

sphere his career was not, indeed, brilliant, but it was successful.

He was not a man of genius, nor yet of a high order of talent. There was no glow of imagination and no warmth of enthusiasm in his nature. He was methodical and plodding. Whatever naked common sense, with industry and tenacity, might aspire to, was within his reach ; what was beyond he did not waste hin- self in unavailing efforts to attain. He was a good lawyer and a judicions counselor. What the books contained he knew, and knew well. In the application of principles to particular cases, while not rapid, he was exceedingly cor- rect. The graces of eloquent speech were not

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 30

Author: Mathews, Alfred, 1852-1904. 4n Publication date: 1886 Publisher: Philadelphia : R.T. Peck & Co. Number of Pages: 1438

Author: Mathews, Alfred, 1852-1904. 4n
Publication date: 1886
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 1438