History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 33

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 33
USA > Pennsylvania > Pike County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 33
USA > Pennsylvania > Wayne County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 33

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Judge Wilson. To the rules as revised he attached a table of the decisions in which they were applied, illustrated or construed, a work which, at the time, was of great value, as the decisions had not been digested for twenty years. In an appendix he added a list of the special acts of Assembly relative to Wayne County, together with a compendium of the statutes and decisions relating to proceedings, under the road and bridge laws, which has given mueh assistance to both beneh and bar.

Another conspicuous trait in his character is his absolute disregard of adverse opinions or eritieism when satisfied that he is in the right. Knowing what a fiekle thing public opinion is, he never courts it, but often combats it editori- ally when it is based on erroneous principles, or is being manufactured by unserupulous men for political or selfish purposes. Modest, courteous and unassuming, he is nevertheless a positive working force, both in journalism and at the bar.

WILLIAM H. DIMMICK, the younger, is a son of Oliver S. Dimmiek, and a grandson of Dan Dimmiek, the first practicing attorney wlio made a permanent home within the original limits of Wayne County. He was born in Mil- ford, Pike County, March 19, 1841. He re- eeived a liberal education, and was graduated from the Claveraek (N. Y.) Institute. He commeneed his studies for the bar in the office of L. F. Barnes, at Milford, but soon afterward removed to Honesdale and completed his prep- aration under the direction of William H. & S. E. Dimmiek. He was admitted to the bar December 4, 1862. After the death of his uncle, William H. Dimmiek, he formed a partnership with Samuel E. Diinmick, which continued until the death of the latter, in 1875.

Mr. Dimmick was elected district attorney in 1864, and re-elected in 1867. In 1869 he was elected to the Legislature, and in 1873 was again cleeted. In 1874 he was the nominee of the Democratic Convention of Wayne County for president judge, but before the election he with- drew in favor of Hon. D. M. Van Auken, of Pike County. In 1878 he was the Democratie nominee of the district for Congress, Colonel Overton, of Bradford County, being his Re-

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publican opponent. The Greenback party, then at its highest estate, placed a candidate in the field. The triangular contest divided both the old parties, and resulted in the election of Colonel Overton by a small plurality.

In October, 1864, Mr. Dimmick was married to Annie, daughter of the late Zenas Russell. They have two children,-Lucy and Russell.

In personal qualities, Mr. Dimmick is a man of genial nature, generous impulses and peculiar tenacity in his friendships. In mental structure he is formed much on the model of " Odysseus of many counsels and devices." His leading characteristics are force of character, fertility in resources and expedients, a keen discernment of human nature, an instinctive perception of essential conditions and existing possibilities in any prospective line of action, with rare tact and dexterity in devising methods, forming varied combinations and adapting means to ends, readiness in meeting difficulties, and a confidence that never fails under the most threatening aspect of affairs. For more than twenty years he has been prominent in the politics and at the bar of the county, and these qualities have been conspicuously displayed in both fields. He is a graceful, eloquent and persuasive speaker, and his oratory is alike effective whether addressed to a popular as- sembly or to a jury. He has been engaged in some of the most important trials that have taken place in the county since his admission to the bar. Among these were the trials of Burke, Boyle and Jillard for murder, while he was district attorney ; of Benjamin K. Bortree for the murder of Henry W. Shouse, 1880, and of the two men giving their names as Thomas Lyons and Walter Hagan, for a buglary com- mitted at Equinunk, attended with the shooting of H. N. Farley, in 1881. He is also employed as attorney for the Delaware and Hudson Canal Company, the Pennsylvania Coal Company and the Erie and Wyoming Valley Railroad Com- pany.

GEORGE F. BENTLEY was a son of Hon. B. S. Bentley, for a long time one of the leaders of the Susquehanna County bar, but who subse- quently removed to Williamsport, Lycoming County, Pa. He was born in Montrose June

9, 1842. He passed a portion of his youth in Honcsdale, where a sister, the wife of G. G. Waller, resided, and during this period he at- tended the Honesdale Academy. His education was completed at the High School in Aurora, N. Y. Early in 1864 he commenced the study of law in the office of C. P. & G. G. Waller, in Honesdale, and February 7, 1866, was admitted to the bar. He soon afterward formed a part- nership with his preceptors, which continued until his death, October 4, 1881.

In Mr. Bentley was developed a rare combi- nation of admirable qualities. Few men have possessed, in a higher degree, the clements of character that win friendship and command es- teem, and there are few whose death has been felt as a personal bereavement throughout a wider circle. To discern the true nobleness of his nature, indeed, no special intimacy or close association was necessary ; it was manifest to all,-it was unmistakable and unchanging,- and his daily life was its natural outgrowth. In whatever field of action he appeared-in social and private life, in the church, at the bar, and in matters that engaged public interest- he was single-licarted and conscientious, and made the visible record of a modest, manly and honorable character. He was an earnest friend, too generous to cherish enmity, and too just to entertain envy or jealousy. His intelligence and culture were recognized as more than ordi- nary. At the bar he displayed marked ability, and was rapidly rising. In everything in which he was engaged, whether in or out of his profes- sion, his work was marked by accuracy and thoroughness. He neglected no duty, and was faithful to every trust. He interested himself, especially, in every worthy pursuit, having in view either usefulness, instruction or amusement, in which the young men of the community were engaged, and his influence was seen in the high standard of character and efficiency main- tained in the various associations with which he was connected. Company E, Thirteenth Regi- ment, N. G. P., of which he was the first captain, owed its existence and high military standing largely to his efforts.

In April, 1865, Mr. Bentley made a profes- sion of religion, and united with the Presby-

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terian Clurch of Honesdale. His life bore constant testimony to the sincerity of his pro- fession. He was superintendent of the Sunday- school for several years, and at all times inter- ested himself largely in the work of the church and the Sunday-school.

In May, 1870, he was married to Miss Lucy Tracy, youngest daughter of the late Hon. T. H. R. Tracy. She, with three children, survives hin.

GEORGE S. PURDY, oldest sou of Abbott N. and Eliza D. Purdy, was born in Paupack, Wayne County, January 24, 1839. He obtained a good education, largely as the result of his own energy, studious habits and efforts for self- improvement, and became especially proficient in mathematics. A part of his early manhood was passed in teaching, and for some time he was principal of the graded school in Providence, Pa. In 1866 he was appointed clerk by the commissioners of Wayne County, and held the position for ten years. While thus employed he read law, and was admitted to the bar May 9, 1873. In September following he was mar- ried to Agnes C. Addoms, a step-daughter of Judge Avery, of Honesdale.

In 1883 Mr. Purdy received the nomination of the Wayne County Democratic Convention for president judge. The Democrats of Pike presented Hon. D. M. Van Auken as their nominee, and the conferees who represented the two counties were unable to agree. Both Dem- ocratic candidates remained in the field, with Judge Seely as the Republican candidate. Mr. Purdy received a majority in Wayne County, but lack of time prevented an adequate canvass of Pike in his behalf, and the bulk of the party vote in that county was given to Mr. Van An- ken, resulting in the election of Judge Seely by a plurality of two hundred and sixty-one. The contest had been bitter and acrimonious, but Mr. Purdy met the result with such admirable tem- per as to command the respect even of his oppo- nents.

Professionally, Mr. Purdy is favorably known throughout the county. He is methodical in preparation, energetic and wary in management, earnest, comprehensive and strenuous in argu- ment. He investigates with peculiar care aud

diligence, making a close examination of the questions presented, and reducing the results to definite conclusions of law and fact. Among his prominent traits are coolness and self-posses- sion, with a steadiness of purpose and mental equipoise not easily shaken. He has taken part in the trial of various important cases and has scored some notable victories at the bar.

PETER P. SMITH, third child of Owen and Catherine Smith, was born in Honesdale June 2, 1851. His education was obtained in the local schools. His legal studies were pursued in Honesdale under the direction of Henry Wil- son, and, May 7, 1874, he was admitted to the bar.

A difficult and discouraging task lies before the young man who, in the place where his boy- hood and youth have been passed, enters upon a calling in which a large measure of public con- fidence in his professional attainments, expe- rience and sound judgment is an essential con- dition of success. Whatever his ability or acquirements, the community that has known him chiefly as a boy, untricd in the duties of life, is slow to realize that he has become a man, with a man's capacities, powers and purposes.

Such was the task to which the young attor- ney addressed himself, in the present instance, in opening an office in Honesdale upon his ad- mission to practice. Though possessing no ad- ventitious aids, the struggle on which he entered was by no means an unequal one. His prepa- ration for the profession had been careful and systematic, and he well understood that the period of study, so far from closing with admis- sion to the bar, was little more than the begin- ning of a legal education. A further course of study was marked ont and steadily pursued.

While yet a student, he had shown unusual readiness, capacity, and faculty of well-directed application, and with the continued develop- ment of his powers he attracted attention as a young lawyer of superior professional acquire- ments. In 1875 he was elected district attorney, and in discharging the duties of this office he found opportunities which his preparation cn- abled him to improve. Various cases of pecu- liar difficulty came to his handsas public prose- cutor. One of these, which came up at the

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first term of court after entering upon the office, gave rise to much comment among thie profession. It was a prosecution for perjury, alleged. to have been committed by the defend- ant in testifying in an action brought against himself and another person as executors de son tort. The circumstances were such that it was a matter of no little difficulty to draw the indict- ment properly. No precedent was to be found in the books, and the young district attorney, in framing the instrument, had no resource but in the application of the general principles re- lating to the subject. How correctly these were applied was shown in the sequel. Messrs. Crane and Seely, in behalf of the defense, assailed the indictment as insufficient, but the court sustained it, declaring it drawn with remarkable clearness and precision. Later, in a prosecution for arson with intent to defraud insurance companies, the district attorney was opposed by his late precep- tor, Judge Wilson, but after a close examination the latter was obliged to pronounce the indict- ments sufficient.

In another instance, Mr. Minor, the oldest member of the bar, and one of the most accu- rate of pleaders, was employed for the defense, and after the trial he complimented Mr. Smith on the skill exhibited in framing the indiet- ment, adding that he had examined it very critically, with the hope of finding some flaw in it, but was unable to detect any. During his term of office he was required to deal with other cases, presenting some peculiar difficulty, in all of which his management was highly c editable. The forms of various indictments which he prepared have since been printed by a Philadelphia law publishing house, and adopted by the profession throughout the State. At the close of his official term he was renominated by acclamation, but declined, in order to give closer attention to his rapidly increasing private prac- ticc.

By this time his abilities had become widely recognized, and thenceforth his advancement in the profession was rapid and permanent. His aid was sought in numerous important cases. In the celebrated series of trials known as the " Hollisterville Cases," in 1879, he was eni- ployed by the prosecution and showed ability of

a high order in their management. On the trial of Benjamin K. Bortree, for murder, in December, 1880, he was engaged for the de- fense and contributed largely to the result of saving the defendant from the highest penalty of the law. On the trial of James P. Mc- Cabe, for murder, in March, 1886, he took the leading part in conducting the prosecution. Although the case was wholly one of cireum- stantial evidence, and the defense was condnet- ed with rare ability, the testimony for the com- monwealth was so effectively presented, and its bearing argued with such convincing force, that a verdict of murder in the first degree was speedily reached.

It is not in eriminal eases alone that Mr. Smith's professional attainments have been ex- hibited. His practice has embraced numerous and important cases in the civil courts, besides an office business of a varied and extensive chiarac- ter. In this field he has shown many of the highest qualities, both as a lawyer and an advo- cate, and his care, industry and vigilance in re- search permit nothing essential to be over- looked. He possesses, in a high degree, the characteristics that distinguish the leaders of the profession, -a ready grasp of the most com- plicated questions of both law and fact; an in- stinctive perception of the vital points in con- troversy and of the legal principles that must govern their determination ; a quick perception of the true bearing of every point, and unerring judgment in discriminating between the mate- rial and the immaterial ; patience and thorough- ness in preparation ; tact, address and discretion in the presentation of cases ; and logical force, candor and carnestness in argument. His sne- cess at the bar has been won by his natural en- dowments, supplemented by careful, systematic and thorough professional training. His suc- cess is the more noteworthy from the circum- stance that he is the only man at the bar of the county, excepting Judge Seely, who has achieved a substantial success in the community in which he was born and reared. He has at- tained a professional eminence almost without precedent in one of his years, under similar conditions.

WILLIAM HENRY LEE, oldest child of San-

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uel and Anna M. Lec, was born January 1, 1849, in Clinton, Wayne Connty. His educa- tion was begun in the local schools, followed by a thorough course of study at the Waymart Normal School and the Delaware Literary In- stitute, Franklin, N. Y. On his graduation from the latter, in June, 1871, he was awarded second honors. At intervals during his studies he engaged in teaching. In March, 1866, he received from Rev. E. O. Ward, county school superintendent, his first teacher's certificate. In 1870 he received the "Regent's Certificate," from the New York State Board of Regents. In 1871 he received a county professional cer- tificate, and in 1874 received one of the first permanent certificates granted in the county. Besides teaching various public schools in the county, he taught the school at Meredith Square, Delaware County, N. Y., and the Normal School at Waymart, Wayne County. He com- menced his legal studies in 1871 under the di- rection of S. E. Dimmick. In the spring of 1873 he entered the office of Wallers & Bent- ley, and remained there until admitted to the bar, December 10, 1874. He has since been admitted to the bar of Pike and Susquehanna Connties.

In 1875 he was appointed deputy treasurer of the county, and held the position for three years. For the past seven years he has been attorney for the borough of Honesdale. For several years he has been successively chosen judge of election.

Since his admission Mr. Lee has been aetive- ly engaged in the practice of his profession. He is among the best read of those who have come to the bar during the past twelve years, and is one of the most energetic and tireless workers in the profession. He is au earnest and fluent speaker and a close reasoner, and his presenta- tion of both law and fact are clear, thorough and effective.

ELWIN C. MUMFORD, a son of ex-Judge Mumford, was born at Starucca, Wayne County, August 8, 1851. He received a good education, read law with Wallers & Bentley and was ad- mitted September 6, 1876. In 1878 he was elccted district attorney. During his term of office the trials of Mrs. Van Alstine and Benja-

min K. Bortree, for murder, took place, and also the noted "Hollisterville 'Cases." In March, 1886, he defended John Howell, who was indicted for the murder of his four ehil- dren, the result being an acquittal on the ground of insanity. Mr. Mumford is attorney for a large mercantile agency, and gives mueh attention to the practical application of legal methods to matters growing out of the relation of debtor and creditor. In this field he ranks as one of the most alert and efficient attorneys at the bar.

HOMER GREENE was born January 10, 1853, at Number 19, in Salem (now Ariel, in Lake), township, Wayne County, Pa. He is the only son of Hon. Giles Greene, of that place. He was graduated from Union College with the class of 1876, receiving the degrees of A.B. and C.E. ; and from the Albany Law School with the elass of 1877, receiving the degree of LL.B. He was, at the same time, admitted to the bar of the Supreme Court of New York State.

In the summer of 1877 he eame to Hones- dale and entered upon a course of study in the office of H. M. Seely, Esq., and was admitted to the bar of Wayne County December 10, 1878.

In the fall of 1881 he was cleeted district attorney of Wayne County, on the Republican ticket, and held that office for one term of three years, at the end of which time he resumed the private practice of the law.

Mr. Greene has attained considerable emi- nence in the field of literature, and the reader is referred to that portion of the chapter upon Honesdale, which is devoted to the press and writers, where a more extended sketeh of him will be found.

WILLIAM J. TRACY was the youngest son of Milton C. Tracy, and was born in the eity of New York February 16, 1859. He studied for the bar at Columbia Law School, New York, and in Honesdale, under the direction of F. M. Crane. He was admitted to the bar May 7, 1879. He soon afterward formed a partnership with Hon. E. O. Hamlin. In 1882 he was appointed attorney for the county com- missioners, and held the position for three years.

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WAYNE COUNTY.

ALONZO T. SEARLE, third son of Rev. R. T. and Emily A. Searle, was born in Berkshire County, Mass., September 13, 1857. He was graduated from Amherst College in 1877. Af- ter reading law for some time in Williamsport, Pa., he completed the course of study in Hones- dale, under the direction of G. G. Waller, and was admitted to the bar October 2, 1882. After admission he formed a partnership with Mr. Waller, the firm-name being Waller & Searle.

FRANK M. MONAGHAN, youngest son of Richard and Elizabeth Monaghan, was born in Honesdale May 10, 1857. He was educated in the public schools of his native place, and for several years was employed as a teacher. He read law under the direction of William H. Dimmick, and was admitted to the bar October 2, 1882. In 1884 he was elected district at- torney, without opposition.

ORVILLE L. ROWLAND, second son of Hon. George H. and Kate A. Rowland, was born in Lackawaxen township, Pike County, Novem- ber 20, 1859. His education was acquired in the local schools and at Wyoming Seminary. He studied law under the direction of H. M. Seely. He was graduated from the Albany Law School in November, 1880, and was ad- mitted to the bar of Wayne County December 4, 1882.

JAMES J. MCCARTY and Charles A. Mc- Carty aresons of James and Margaret McCarty, of Canaan, Wayne County, and are natives of that township.

James was born December 18, 1855. He be- gan his education in the local schools, and af- terward attended the Prompton Normal School. He was graduated from the Law School of the University of Michigan March 26, 1884, and was admitted to the bar of Wayne County October 6, 1884.

CHARLES MCCARTY was born February 22, 1858. His education began in the local schools, and he subsequently attended Wyoming Semi- nary, at Kingston, Pa. He studied law under the direction of George G. Waller, and was ad- mitted to the bar May 10, 1883. He com- menced practice in Honesdale, and on the ad- mission of Jamcs, the brothers formed a partner- ship. On the trial of James P. MeCabe for the

murder of Michael Reilly, at March Term, 1886, they were associated with Cornelius Smith, of Scranton, the elder brother opening the case for the defense and the younger making the open- ing argument.

M. M. TREADWELL, son of Nathaniel and Emeline C. Treadwell, was born at Ipswich, Mass., September 17, 1842. He was educated in the local schools. During the Rebellion he en- tered the Union army ; enlisting in June, 1861, in the Twelfth Massachusetts volunteers. He served first as commissary sergeant, and sub- sequently as quartermaster. July 8, 1864, he was mustered out with his regiment, its term of enlistment having expired. In November fol- lowing he returned to City Point, Va., where he was employed in a civil capacity at army headquarters until the close of the war. Some four years later he came to Wayne County. He read law under the direction of E. Richardson, in Hawley, and was admitted to the bar Decem- ber 5, 1883. He has since been engaged in practice in Hawley.

FRANK P. KIMBLE, second son of Herman N. Kimble, was born in Palmyra, Pike County, October 17, 1852. He received a liberal edu- cation, and was graduated from the State Nor- mal School, at Mansfield, in 1878. He read law under the direction of C. S. Minor, and was admitted to the bar March 3, 1886. During a part of his term of study he was employed as deputy prothonotary.

MYRON E. SIMONS, youngest son of John Simons, was born in Sterling, Wayne County, May 14, 1860. He read law with Blakeslee & Davies, in Montrose, and was there admitted to practice. He came to Wayne County in Janu- ary, 1885, and received the appointment of commissioners' clerk, which he still holds. He was admitted to the bar of Wayne County March 13, 1886.

RHAMANTHUS M. STOCKER, son of Albert Stocker, was born in Salem, Wayne County, October 5, 1848. In addition to the education given by the local schools, he studied for some time at the Honesdale graded school and at- tended Lafayette College for a year. For several years he was engaged in teaching, and for four years was principal of the graded school in Jer-

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myn, Luzerne (now Lackawanna) County. In 1881 lic was elected register and recorder. He read law with G. G. Waller, and was admitted to the bar May 3, 1886.

III. Attorneys in Temporary Practice.

JOHN D. TAYLOR, like Mr. Wescott, was first admitted to the bar in Philadelphia, came to Wayne County as an agent for Philadelphia land-owners, and made professional business secondary to his employment as land agent. He did not, however, prove well adapted to the latter pursuit. Though a good surveyor, under favorable conditions, and familiar with the use of his instruments in the open field, he became bewildered among the forests, hills aud swamps of Wayne County, and finally gave up the agency to Stephen Torrcy. He was admitted to the bar of Wayne August 25, 1829. In 1834 he was appointed deputy attorney-general for the county, and held the office for about a year. In 1837 he removed to what was then the far West, aud subsequently engaged in business as a broker in St. Louis.

JOHN I. ALLEN came to Wayne County from the State of New York. He studied law in Schoharie County, in that State, and was there admitted to the bar. He came to Wayne and was admitted to the bar of the county in 1839. He took an active part in politics, aud soon became interested iu journalism. January 1, 1842, he became editor and proprietor of the Wayne County Herald, the Democratic orgau of the county. In December, 1844, he gave up the editorial charge of the paper to John W. Myers, though still remaining proprietor, and frequently contributing to its columns. August 5, 1845, he resumed the editorial chair, but in December following sold the paper to William H. Dimmick, then State Senator. In 1846 he weut to Easton, where he was connected with the Easton Sentinel for some two years. He then returned to Honesdale, where he remained for several years. In 1855 he went to Carbon- dale, and took charge of a Democratic news- paper, but in a few months the office was burned out. He again returned to Honesdale, where he remained until his death. He was accidentally drowned by falling from the tow-path bridge, at

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History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 33

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