History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 32

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 32
USA > Pennsylvania > Pike County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 32
USA > Pennsylvania > Wayne County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 32

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In years and experience, in professional ae- quirements, character and ability, Mr. Minor may justly be regarded as the Nestor of the Wayne County bar. He has been a life-long student, and his professional and scholarly at- tainments are of an unusual order. His argu- ments at the bar are characterized by a lucid statement and an effective grouping of facts, a breadth of view, a scope of thought, a mastery of principles, a grasp of details, a logical pre- cision and force of reasoning rarely combined. In his view, the law is not a mere system of abstractions or artificial theories, nor yet a scheme of snares, pitfalls and traps for the ignorant and unwary ; but is essentially a science, the perfection of human reason, designed for the government of mankind on the highest attainable plane of justice and equity. As such he presents, expounds and applies it. For the praetiee of law as a system of deviees to perplex the understanding,-to make the worse appear the better cause, to promote the sueeess of wrong and the sacrifice of right,-he has no tolerance.

HON. SAMUEL E. DIMMICK .- Nature was gracious and bountiful to him. It gave him a handsome body, a full, sonorous and mellow voiee, easy and appropriate gesticulation, and a general eontour and bearing of unusual attrac- tiveness. These aeeessories were of high value to him in soeial eireles, in the praetiee of his chosen profession and before assemblies of the people. His presence and aetion largely dis- armed criticism and gave him credit and author- ity beyond the measure that would have been conceded to him strietly on the score of intellectual capacities and acquirements. He did not, in- deed, belong to that large class of men wlio float easily and seeurely in professional or pub- lie life mainly by reason of admirable physical characteristics, but he was immeasurably helped thereby, obtaining consideration and favor that would not have been yielded to him had he been of contemptible or repulsive bodily appear- ance. On the street young men would stand, as charmed, and watch him till he passed out of sight.

Of the faculty of pure reason, as exemplified by Kant or Calhoun, he had not overmueh. His comprehension of first principles and power of applying them to specifie eases, while not eonspienously lacking to ordinary serutiny, upon definite measurement was comparatively mea- gre. Of imagination, and particularly in such sub-divisions thereof as wit and humor, he was manifestly defieient. In understanding-that supremest faculty for all common ends-he abounded. What special mental strength he had lay therein. This vigorous common sense was his peculiar equipment, and in his calling and way of life it was adequate to his needs. If his preliminary education had been liberal, or if he had supplied deficiencies by self-ini- provement, he would have been strong even among strongest men. As he was, he com- manded an enviable position at the bar.

In his student years, as in the earlier period of his praetice in the eourts, his application was close and uniform, and he became well-grounded in the law, and especially in law relating to corporations. He was a wise and safe counsel- or, and all the more beeanse he had a completer comprehension of practical business affairs than falls to the lot of most lawyers. He succeeded remarkably well as an advocate, his evident sineerity of purpose and intense earnestness of manner producing favorable impressions and contributed powerfully to the ends he desired to attain. In the examination of witnesses it was not in his refined nature to badger or bully. In his arguments to the bench, while always clear and frequently eonclusive, he often fell below the level of his reputation. Before pro- misenous assemblies he was unquestionably the most popular orator of his era in the county, delighting even when he failed to eonvinee and making friends for himself among multitudes whom he did not draw to the aeeeptanee of the ideas he advocated. Yet his range of studies, aside from the law, was not ample. It was a wise conclusion to which he eame, that in an age where knowledge in all departments had unprecedentedly inereased, it was best to eonfine himself pretty elosely to his ehosen field of investigation. He adjudged it better to be a strong lawyer. than to fritter away his powers

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on side studies, which would, indeed, enrieh his elocution, but would seldom inerease his effec- tiveness before judicial tribunals. He had be- fore him instanees in which men, his superiors in native eapaeities and in edneational advan- tages, had fallen eonspieuously behind him be- cause their best and longest hours had been given to studies apart from professional obliga- tions and requirements, and he was careful to avoid that mistake. He remembered the in- junetion of Blackstone, that "the law is a jeal- ous mistress," and he did not toy with any others. Henee he was a lawyer, a good one, and little else. But this concentration of his life had large compensating advantages. It left no chance to fail, as many versatile men do, by spreading over too broad a surface, by having a superficial aequaintanee with many topics, and a thorough and remunerative familiarity with none ; who could not eonvert their multifarious information into a barrel of flour for their fam- ilies, if they had most pressing need of such alchemy.

Starting in life a Demoerat, according to the traditions of his family, he early imbibed radi- cal views against the institution of domestic slavery. And this phase of his development was the more peculiar in that it seemed to be eccentric. He created, concerning himself, at least, a current suspicion that he had strong tendencies towards aristocracy. He made no concealment of his feeling that mannal labor was menial and degrading, and that he would take no employment that was not ex- elnsively intellectual. But he had an instinc- tive hatred of oppression, a genuine love of fair play, and a ready disposition to help the lowly and friendless. In 1856 he attached himself to the Free-Soil party, led by Martin Van Buren, but after the elose of that eampaign identified himself with the Republicans, and became prominent in their eouneils and movements.

The only publie office of consequence he ever held was that of attorney-general, to which he was appointed by Governor J. F. Hartranft, in 1873. The duties thus devolved upon him were performed to the satisfaction of the exeeu- tive, and in a manner to concentrate upon him the respectful attention of prominent and ob-

servant people in all parts of the common- wealth.

He was, indeed, a member of the convention called to revise the State Constitution in 1872, but he did not participate in the deliberations of that body, his appointment as attorney-gen- eral assigning him to other duties.

There was fulness in his social nature. He loved his family and friends cordially and with all his heart. He had, moreover, great kindli- ness for many beyond those elose cireles. As wealth increased in his possession, it did not eon- traet his attachments nor deaden his sensibili-

SAMUEL E. DIMMICK.

ties, but he remained approachable, open-hand- ed, eharitable.

He was a cousin to William H. Dimmick. His father was Alpheus, brother to Dan, the father of William.

Alpheus was born in Mansfield, Conn., No- vember 22, 1787. He graduated at Yale Col- lege in 1810, and in 1814 was licensed in the Supreme Court of the State of New York as an attorney. He commeneed practice soon after at Bloomingburg, N. Y., and continued to re- side there until his death, which oecurred Jan- mary 17, 1865. He married Maria Can, of Frederick, Md., November 5, 1818.

Samuel E., their second child and son, was

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born at Bloomingburg December 24, 1822. He received such education as the seant schools of his native town proffered, and no more. In 1843 he engaged as a clerk in a crockery store in New York, and served for the space of one . year. In 1844 he entered the office of his cousin, William H. Dimmick, as a student-at- law, and was admitted to the Wayne County bar May 6, 1846. He entered at onee into partnership with his cousin, and continued therein until the death of the latter, in 1861. January 28, 1855, he married Miss Lucretia M. Benjamin, daughter of the late Joseph Ben- jamin, of the city of New York.

His physical constitution was not robust, and he was averse to such exercise as might have im- proved its tone. Henee office life, combined with close professional labor, proved to be in- compatible with possession by him of sound health. When he reached the meridian of his years his bodily vitality was seriously im- paired. In this conjuncture he aceepted the at- torney-generalship, and at a time when there was an unusual number of important common- wealth cases requiring investigation and trial. Then, too, by virtue of his office, he was a member of the Board of Pardons, and many convicted persons were pressing either for an amelioration or cancelment of the sentences un- der which they rested. He felt, and said, that his strength was not adequate to the burden rest- ing on him, that the most suitable place for him was at home ; but pride and ambition conspired to keep him from following the dietates of his sober judgment. To be sure, in the trial of State cases at Harrisburg he was efficiently assisted by Hon. Wayne Mc Veagh, but even this superior help left him more to do than his physical strength was adequate to perform.

Monday, October 4, 1875, he left home to at- tend a meeting of the Board of Pardons at Har- risburg. The condition of his health was sueli as to excite serious apprehensions on the part of his family and friends. His physician ad- vised against the journey. But he would not yield. His wife went with him, to care for him as far as possible. At New York he parted with neighbors who had made the trip so fär in his company. To them he seemed op-

pressed by a sense of his feeble condition and the premonition that he would not last to return alive. He remained overnight in New York, proeceded next day to Harrisburg, and attended a meeting of the Board of Par- dons that evening. On Wednesday he did not leave liis room. The next three nights he slept in his ehair, not being able to endure a reclining position. Pneumonia appeared. His system was too mueli enfeebleel to make effect- ual resistance to its progress. On Monday evening he received visitors, who retired at an early hour. At eleven o'clock, alone with his wife, a change passed over him and in a few moments he was dead.

Thus ceased a life, mainly uneventful, but which seemed just blossoming to an abundant fruition.

GEORGE G. WALLER, son of Phineas and Eliza Waller, and a younger brother of Hon. Charles P. Waller, was born in Wilkes-Barre May 3, 1821. He was graduated from Wil- liams College in 1844. After the prescribed course of legal study, under the direction of Judge Collins, he was admitted to the bar of Luzerne County in 1846. After practieing for a year at Bloomsburg, Columbia County, he returned to Wilkes-Barre and formed a part- nership with Judge Collins. In the fall of 1849 he came to Honesdale, temporarily, to assist his brother Charles, who was beginning to suffer in healthı. The next year, deciding to remain, he entered into partnership with his brother,-the firm-name being C. P. & G. G. Waller,-and has since continued the practice of law in Honesdale.

October 11, 1854, Mr. Waller was married to Lizzie J., daughter of Hon. B. S. Bentley, of Montrose. They have had two sons, who died in childhood ; a daughter, Annie, who died in May, 1878, at the age of fifteen ; and a daughter, Bessie, born September 24, 1868.

Mr. Waller has always been a hard worker in his profession. In quickness of perception, rapidity of thought, promptness of deeision and power of elose and continued application he has few equals. His cases show a completeness of preparation that overlooks nothing; while, at the same time, few surpass him in ready and

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dextrous management when an emergency de- mands action without due preparation. With unforescen difficulties come swift suggestions of their remedy, and instantly-devised plans for meeting them. As an advocate, he is earnest, forcible and effective. His statement of a case is often, of itself, an argument, giving it an aspect of justice and reason well calculated to carry conviction to the minds of a jury. He has the power of terse description, sententious presentation, apt illustration and pithy charac- terization -- otherwise known as "the art of putting things " -- in a remarkable degree. To divest a thing of the form in which he has put it is often the most difficult task of the counsel who follow him. His discussion of evidence is marked by a marvelous memory of its de- tails ; by a logical keenness and discrimination that bring into view its most telling features, while masking its weak points ; by an ingenious construction of ambiguous testimony that devel- ops its strongest aspect ; by acute suggestions as to circumstances but indistinctly appearing, or with a bearing more or less obscure; by adroit allusions to matters lying on the border line of proof; by shrewd and pungent criticism of counter-testimony ;-- and his application of the law is close and pointed, marked by compact argument and a cogent presentation of authori- ties. No lawyer is less technical, but none has a firmer grasp of the substance of a case. His practice has been varied and extensive, and he has been engaged in most of the important cases, both civil and criminal, that have been tried in the county during the past thirty-five years.

EBENEZER RICHARDSON, son of Ebenezer and Mary Richardson, was born at Pittsfield, Berkshire County, Mass., May 16, 1816. In April, 1828, he removed with his parents to Preston, Chenango County, N. Y. He was educated at Hastings' High School, in Norwich, Chenango County. March 26, 1840, he was married to Miss Holt, of Steuben County, N. Y., and in June, 1843, he removed to Mount Pleasant, Wayne County. He subse- quently read law under the direction of C. P. Waller, and was admitted to the bar December 3, 1850. He opened an office in Hawley, De-

cember 25th, and has since continued in prac- tice at that place. He is chiefly engaged in office business, and seldom appears in court.

JACKSON WOODWARD was a son of John K. Woodward, a younger brother of Hon. Warren J. Woodward, and a nephew of Hon. George W. Woodward. He was born in Bethany about the year 1822. After reaching manhood he was largely employed in the various county offices, and while thus engaged he studied law under the direction of R. M. Grenell and F. M. Crane. He was admitted to the bar De- cember 7, 1850. May 5, 1853, F .- M. Crane, district attorney, resigned that office, and Mr. Woodward was appointed to fill the vacancy. In October following he was elected for the full term without opposition, and in 1859 he was again elected. He died at Bethany, March 11, 1866.

FRANCIS DRAKE came to Wayne County from the State of New York. June 1, 1848, in connection with George M. Reynolds, he com- menced the publication of a newspaper called the National Reformer, supporting Van Buren, in opposition to Cass, the regular Democratic candidate for President. The enterprise came to an end soon after the election, and early in 1849 Mr. Reynolds removed the printing mate- rials to Carbondale, and there commenced the publication of the Lackawanna Journal. Mr. Drake afterward read law under the direction of S. G. Throop, and was admitted to the bar February 5, 1852. His practice was princi- pally before justices. In 1856 he was the Republican candidate for district attorney, but was defeated by Henry Peet, the Democratic nominee. He died in the autumn of 1859.

EDWARD OSCAR HAMLIN, son of Hon. Eph- raim W. Hamlin, was born at Bethany, Wayne County, June 12, 1828. He received his pre- paratory education at his native place, under Rev. Willard Richardsou ; entered Hamilton College, Clinton, N. Y., in advance, in 1848, and was graduated from that institution in the class of '50. He commenced reading law at Wilkes-Barre with Hon. George W. Woodward, and finished the course of study at Honesdale, under the direction of Earl Wheeler. He was admitted to the bar September 7, 1852. After

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practicing for two years in Honesdale he de- cided to go West, and soon afterward settled in Minnesota. He rapidly rose in his profession, and a vacancy occurring in the judgeship of the Fourth Judicial District, he was appointed to that position by Governor Sibley. On the ex- piration of his commission he resumed practice at the bar in St. Cloud.

While a resident of Minnesota, Judge Ham- lin held a high position, both professionally and socially. Being a Democrat, however, and therefore in a permanent minority, no oppor- tunity was presented for a political career ; yet he was a leader in his party, and his ability and integrity were recognized on all sides. He was elected the first mayor of the city of St. Cloud. On retiring from the bench he was appointed by Governor Ramsay a member of the State Normal Board of Public Instruction, and con- tinued to fill this position until his removal from the State. He was also appointed by Governor Ramsay a member of the Board of Regents of the State University. Soon after the outbreak of the Rebellion, in 1861, Gov- ernor Ramsay, without solicitation, tendered him a commission as major of the Seventh Reg- iment Minnesota Volunteers, but his eyesight being defective, he was obliged to decline it. In the same year he received the Democratie nom- ination for Governor, and he was subsequently a candidate on the Democratic ticket for Judge of the Supreme Court. In 1864 he was dele- gate to the Democratic National Convention. On the floor of the Convention he denounced the platform adopted, because it declared the war for the Union a failure ; and he was one of the four delegates who voted against it on that ground. In 1865, though a resident of Minnesota, he was nominated by the Democratic Convention of Wayne County for president judge of the Twenty-second Judicial District ; in the Judicial Conference, however, Judge Barrett was renominated.

In 1873, yielding to the solicitations of his parents, Judge Hamlin returned to Wayne County and opened an office in Honesdale. In 1874 he was elected to the vestry of Grace Church, in that borough, of which body he has since continued to be a member and the secre-

tary. After a short residence at the county- scat he removed to Bethany, which has since been his home. He continued the practice of his profession in Houesdale until June, 1885, when failing health compelled him to quit it.

Judge Hamlin was twice married. His first wife was Mary A., daughter of Judge Eldred, of Bethany ; she died Sept. 27, 1868. His pres- ent wife is Ella F., daughter of E. B. Strong, clerk of the District Court of Stearns County, Minn. He has two sons,-Frank E., a lawyer at St. Paul, Minn., and Warren E., a jeweler, of Atkinson, Neb.

Judge Hamlin's mental powers, culture and professional attainments are of a superior order. His arguments at the bar were marked by wide research, acute logic, clearness of statement and accuracy in the application of legal principles. He was among the most eloquent of advocates before a jury, presenting a case in the light of reason, equity and fair dealing as between man and man, and with rare force of argument and demonstration. His arguments were naturally, in a large measure, a reflection of the earnest- ness, high moral tone, noble sentiment and de- votion to principle, which are prominent traits of his character. He commanded the respect of the bench, the bar and the people and will long be remembered as one whose influence was ex- erted to elevate the standard of the profession in every aspect.

HENRY WILSON, or JUDGE WILSON, as he is familiarly known, was born in the town of Franklin, Susquehanna County, Pa., October 7, 1834. He studied law with D. N. Lathrope, at Carbondale, and was admitted to the bar of Inzerne County in 1859. During his novitiate, and for many years after his admission, by close study and the exercise of a phenomenal memory, he acquired a most comprehensive knowledge of the law, both scientific and prac- tical, which enabled him in after-life to readily perceive the legal aspect of every combination of facts, and apply the governing principles of law with facility and accuracy. His studies were not confined to the law, but being by na- ture a student, and endowed with intellectual faculties of a high order, he acquired an unusual

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familiarity with history, politics, political econ- omy, science and literature.

In 1869 Hon. C. C. Jadwin, who had known Judge Wilson from boyhood, after several un- successful attempts to secure a suitable editor for the Honesdale Citizen, induced him to as- sume an experimental charge of that paper, which soon became permanent, and he there- upon removed to Honesdale. For several years he paid but little attention to professional busi-

ism, social and political, while numerous other productions exhibit rare powers of humor and sarcasm. Together with his varied abilities as a general writer, Judge Wilson possesses what is commonly known as a " legal mind," with an unusual fondness for professional studies, and when his legal attainments became known to his friends in Wayne County he was urged to resume practice, and finally decided to do so. He is now retained in almost every case of im-

ness, devoting his time chiefly to his editorial duties, discussing the current public questions with such masterly ability and convincing force that the Citizen's articles were largely copied in the State and elsewhere. There may be found among the files of the Citizen, from the pen of Jndge Wilson, some of the ablest articles extant on the subjects of political economy and finance. There, also, from the same trenchant pen, may be found some of the most caustic and complete exposures of the arts and wiles of demagog-

portance tried in our courts. His arguments on questions of law are always instructive, co- gent and logical, and so strongly fortified by reference to the authorities and principles of law applicable to the subject matter, that he at once challenges the attention of the court and retains it throughout. He is distinguished as being one of the very few lawyers who com- mand the attention of the judges of the Supreme Court. His presentation of points of law is clear, orderly and direct, with an accuracy in

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the use of language and pertinency of illustra- tion rarely equaled. He never advanees as un- doubted law anything in which he has not full faith, and which he cannot fortify with author- ities or analogous principles ; and while possess- ing an unusual familiarity with precedents, his habit of mind leads him to place every proposi- tion of law on a firm basis of established princi- ples, rather than on the chanee authority of an isolated decision or ruling. Hercin, too, is often exhibited his wonderful power of memory and accuracy in the citation of authorities. If any of his propositions are questioned, he frequently calls to mind and cites all the leading cases on the subjeet, giving the names of the parties and the book in which each ease is reported. His abilities as a lawyer are best known to the members of the bar, and where his opinion has been given there is, if not a general acquies- cenee amongst them, at least a marked hesitancy in denying the correctness of his views. On questions of practice and pleading, especially, he is regarded by common eonsent as being, next to the courts, the final authority. He is also distinguished for conciseness and aceuracy in the preparation of legal documents, forms, etc. In recognition of this, a leading law-blank publishing house of Philadelphia has paid him the compliment of stealing bodily, and publish- ing as its own, a comprehensive form of lease, which he had prepared, after mueh study and consideration, for the use of the bar of the county. A prominent trait of his char- acter is his uniform kindness and wil- lingness to assist younger attorneys who desire information on questions of law or pro- cedure. It is not an infrequent occurrence for other attorneys, after an unsuccessful seareh through the books, to question Judge Wilson, and be referred at onee to an authority in point.

In January, 1876, he was appointed associate judge,-the first instance in the history of the county of that position being filled by a member of the bar. He declined the nomination in the following fall, and at the close of the year re- sumed the practice of his profession. While he was on the bench the court decided on a revision of the court rules, and this task was assigned to

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History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 32

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