History of York County Pennsylvania, Volume I, Part 86

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372

USA > Pennsylvania > York County > History of York County Pennsylvania, Volume I > Part 86

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).

and a few months afterward was engaged by Rev. Dr. Perkins, then principal of the York County Academy, as an assistant. Amos Gilbert, the noted teacher of the Lan- castrian school, who resided at York during the period that young Stevens was here, says, "Stevens was a modest, retiring young man, of studious habits." Feeling dis- pleased with the actions of some of the members of the York Bar, he made applica- tion for admission to practice while at Get- tysburg, which at that time contained few lawyers, as the county was only fifteen years old. Not having read law according to the requirements, under the instruction of a person learned in the law, he was re- jected. The laws of Maryland were not so rigid; he then went to Bel Air, where he was admitted under Judge Chase. The committee on examination he said asked him three questions only, whereupon the judge promised, if he would buy the cham- pagne for the company, a certificate would be forthwith granted. He agreed to this ; the certificate was signed, but before being handed over, two more bottles were de- manded of the young lawyer. To use his own words, "When I paid my bill the next morning, I had only $3.50 of the $45 that swelled my pocket-book

the evening before." From there he went to Lancaster, crossing the Susquehanna at McCall's Ferry, York County. Here his horse took fright at some lumber for the new bridge, which was then being built across the river, and horse and rider would have fallen into the stream had it not been for the bravery and presence of mind of one of the men working on the bridge. He arrived safely at Lancaster, and the next day came to York, and a few days later located as a lawyer in Gettysburg. Stevens did not at first succeed, and while attending a public meeting at Littlestown, Adams County, he told a number of persons that he was going to leave the county, as he could not make a living in it at the practice of law. A ter- rible murder was committed a few days later and he was employed as a counsel for the defendant. From this case he drew a fee of $1.500, which was the beginning of his career of fortune and fame. For a num-

EDGAR FAHS SMITH, chemist, was born in York, son of Gibson and Susan E. Fals Smith. He was educated at the York County Academy and Pennsylvania College at Gettysburg. He then turned his atten- tion to chemistry, and spent several years as a student of that science at the Univer- sity of Germany, where he received the de- gree of Doctor of Philosophy. He then returned to America, and became assistant professor of chemistry at the University of Pennsylvania. He excelled in the study of his favorite subject and became one of the most eminent chemists in this country. He was also successful as an educator and was elected Vice Provost of the University of Pennsylvania. Dr. Smith has been a con- tributor to the scientific journals of this country. He is the author of valuable works, including "Smith and Keller's Chem- ical Experimentation," "Smith's Electro- Chemical Analysis," and "Practical Exer- cises in Electro-Chemistry." He has trans- lated from the German "Classen's Quanti- tative Analysis," "Richter's Inorganic Chemistry" and "Richter's Organic Chem- istry," and "Oettel's Electro-Chemical Ex- periments."

JACOB TOME, financier, was born near Hanover, of German parentage, August 13. 1810. He obtained the rudiments of his education in a school near his home and at the age of 12 removed to Chanceford Town- ship, York County, where for a dozen years he was employed by Colonel Robert Gra- ham on a farm. In this position he en- gaged in wagoning to Baltimore. About this time the floating of lumber in large rafts down the Susquehanna from the upper regions of that stream was a prominent in- dustry. Mr. Tome, at the age of 25. took up his residence at Port Deposit. Mary- land, near the mouth of the Susquehanna River. Here he engaged in the purchase and sale of lumber, and also controlled the

476

HISTORY OF YORK COUNTY, PENNSYLVANIA

towing of canal boats from Port Deposit to sels sailed between Philadelphia and Liver- Baltimore, and amassed a large fortune. pool. In 1878 he was elected a director in He soon became one of the leading finan- the Pennsylvania Railroad Company, and ciers of the state of Maryland. Mr. Tome during his life spent most of the time in was a Republican in politics, and during the administration of General Grant, with whom he had been on intimate terms of friendship, was offered a position in the lat- ter's cabinet, which he declined. Afterward President Grant appointed John A. J. Cres- well, of Maryland, to the position of post- master general. Mr. Tome lived to the ad- vanced age of 87 years, continuing his busi- ness and retaining full control of his mental faculties until the end of his life. In his will he left a sufficient amount of money to support the public school system of Port Deposit for all future time. He also en- dowed the Tome Institute, a classical school for both males and females, at Port Deposit. Maryland. The different buildings of this institution are among the best adapted for school purposes in this country. Mr. Tome died at Port Deposit, in 1897. He left a large bequest to Dickinson College and with these funds the trustees erected the Jacob Tome Scientific Building.

HENRY D. WELSH, for twenty years one of the directors of the Pennsylvania Railroad Company, was born at Hanover in 1824, and was a descendant of one of the early settlers at York. His great-grand- father, Jacob Welsh, bought the second lot sold in York in 1741, the year the town was laid out. His grandfather, Henry Welsh, moved to Hanover, where he became one of the leading citizens, and during the Revo- lution served as lieutenant in Colonel Rich- ard McAllister's battalion of York County troops. His father, George Welsh, was a soldier in the War of 1812 and was present at the battle of North Point, near Balti- more, in 1814. He obtained his education at the Hanover Academy and began his business career as a clerk at York. In 1852 he became a salesman in the large dry goods firm of James Kent, Santee and Com- pany, of Philadelphia. Four years later he became a partner in this establishment, with which he was associated as one of its prin- cipal owners until 1881. Shortly after the war, he became interested in railroad and ocean transportation. He was one of the organizers and also president of the Ameri- can Steamship Company, whose line of ves-

developing the vast interests of this great corporation. For a period of ten years he was chairman of the purchasing committee of this company. He was president of the following railroad companies : Philadelphia, Germantown and Chestnut Hill, Hanover and York, Downingtown and Lancaster, the Manor Real Estate and Trust Company, Cresson Springs Company, and of the Philadelphia Board of Prison Inspectors. He was vice-president of the American Surety Company of New York, director of the Pennsylvania Institute for the Deaf and Dumb, Market Street National Bank, Philadelphia, Canal Company and of about one hundred other railroad, ferry, coal, bridge, and kindred companies, most of which are tributary to the Pennsylvania Railroad. He was one of the incorporators of the Centennial Exposition, appointed by Congress in 1873; for several years a di- rector of the Commercial Exchange. He died at his home on Wissahickon Heights, Philadelphia, December 19, 1896.

GEORGE P. WELSH, lieutenant in the United States Navy, was born at York, March 26, 1824. He entered the navy, Sep- tember 14, 1840, and was in much active service. After several cruises of the usual length of time, the Mexican war broke out, in which he participated. He was present at the bombardment of Vera Cruz under Commodore Conner, and in the expeditions against Tampico, Alvarado, and other river enterprises of the United States squadron during the war. He received his commis- sion as lieutenant, April 18, 1855. He died on board the United States frigate "Sabine," in the harbor of Aspinwall, April 26, 1860. Captain A. H. Adams, of the "Sabine," wrote: "The death of Lieutenant Welsh has cast a gloom on shipboard, for his merits as an officer and a gentleman had endeared him to all on board. Faithfully, ably and bravely he met every duty, and all his as- sociates bear testimony that in him were combined all the best and noblest character- istics of the true American soldier." At the time of his death he was thirty-six years of age, and lieutenant second in command on the frigate "Sabine." Of twenty years

-----------------

477

THE BENCH AND THE BAR

of service, he had passed more than twelve came quite proficient in classifying insects, at sea. As an officer he occupied the highest rank for professional ability. The remains of Lieutenant Welsh were brought to York, and he was buried with military and Masonic honors, on Monday, June 18, 1860, in Prospect Hill Cemetery.

WILLIAM WAGNER, banker and en- graver, grandson of the Rev. Daniel Wag- ner, pastor of Zion Reformed Church, was born at York in 1800. In his early years Mr. Wagner was a skillful engraver, dis- playing remarkable talent in that field of art. He designed fifty or more seals for different states of the Union and for various cities and towns throughout the country. A large number of the impressions of these seals are in the possession of the York County Historical Society, presented by his niece, Miss Catherine A. Barnitz, of York. In 1834, he engraved a seal for the borough of York, containing the only design in ex- istence of the first locomotive in America that burned anthracite coal. This loco- motive was made at York by Phineas Davis, who won a prize of $3,500 for producing a locomotive for the Baltimore and Ohio Rail- road Company in 1832. Mr. Wagner also made numerous steel engravings which ap- pear in various books. He was one of the prominent steel engravers in America, be- ginning to produce this kind of work as early as 1825. When the York County Bank was founded in 1845 he was elected cashier. He held that responsible position when this institution became a national bank and until the time of his death in 1869.

and in the study of their characteristics. He entered into a correspondence with many noted personages, who were inter- ested with him in the same department of scientific investigation. He died in York, May 23, 1873.

CHAPTER XXVIII

THE BENCH AND THE BAR

Organization of the Courts-Early Court Justices-Early Court Records-The Bench-The Bar.

Upon the erection of York County one of the first steps of a public character was the organization of its courts. The petitions to the provincial councils from the inhabitants that the territory west of the Susquehanna be constituted a separate county, set forth as the chief and almost sole reason why their prayer should be speedily granted, the inconvenience and annoyance of having the seat of justice at so great a distance, with a wide and deep river, frequently impassable, intervening; and the difficulty of securing themselves against thefts and abuses com- mitted by idle and dissolute persons, who on account of the remoteness of court and prison, too readily found means to escape. Within a month after the act was approved creating York County, August 19, 1749, eight justices were commissioned by royal authority, through the governor of the province. This was in the twenty-fourth year of the reign of George II, the best of the Georges of England, and when the idea of a severance from British dominion was not even thought of by the sturdy pioneers comprising the greater part of the inhabi- tants of the newly formed county. Under the English polity then in vogue in the province, justices to such number as were deemed necessary, were commissioned, em- powered to hold courts of General Quarter Sessions of the Peace, Common Pleas and Orphans' Courts.

REV. DANIEL ZIEGLER, clergyman and entomologist, was born in Reading, Pennsylvania, June II, 1804. After he at- tained the age of twenty-one years, he en- tered the University of Pennsylvania, where he remained two years and then came to York, as a student of theology in the theo- logical seminary of the Reformed Church. In 1828 he was chosen pastor of the Kreutz Creek charge. It included the Reformed congregations in the Canodochly valley, and continued his services in that charge for a period of thirty-seven years, and served Three of these justices were required to be present to hold court. The eight court justices commissioned in September, 1749, were John Day, Thomas Cox, John Wright, Jr., George Swope, Matthew Dill, Hance eighteen years as pastor of the Reformed congregation at York. Early in his minis- terial work he turned his attention to the science of entomology, and in connection with Dr. Melsheimer, of Davidsburg, be- Hamilton, Patrick Watson and George

478

HISTORY OF YORK COUNTY, PENNSYLVANIA

Stevenson. The incompatibility of one ton and William Smith; March, 1771, Rich- man filling two or more official positions at ard McAllister, William Rankin and Joseph Updegraff ; April, 1774, David McConaughy, William Scott, Benjamin Donaldson, Wil- liam Bailey, William Lease, William Mc- Caskey, Josiah Scott, William McLean and Thomas Latta. the same time does not seem to have been considered in those days, for of the above named justices, two, Swope and Watson, on the first day of the Quarter Sessions Court, qualified as county commissioners ; Hamil- ton was sheriff, and Stevenson was prothon- otary and clerk of the courts. It also ap- pears to have been not an unusual occur- rence, after the court was open, for one of the justices on the bench to move the court for the appointment of a guardian or the transaction of other business within the province of an attorney.

The first court hield in York

The County convened October 31,

First 1749, a Court of Quarter Sessions

Courts. of the Peace, with Justice Day presiding; and the following day the first Orphans' Court was held before Justices Day, Cox and Watson. Justice Stevenson was also present, but as he offi- ciated as clerk, he did not participate in the judicial function. Somewhat peculiarly, he, the only lawyer among the justices then in commission, seems, so far as the records show, rarely to have served in a judicial ca- pacity. He occupied so many official sta- tions at the same time that he might well have been excused from the duties of some of them when there were others to attend to them.

There was at this time no court house or other hall or building in York suitable to hold court, and from 1749 to 1756 the courts were held at private residences, presumably in the house of one of the resident justices at York-Swope or Stevenson.

In addition to the justices already

Early named, there were commissioned

Judges. April, 1751, John Witherow, Wal- ter Buchanan, John Blackburn, John Pope, William Griffith and Herman Updegraff; October, 1755, John Adlum, Thomas Armor, Richard Brown, Hugh Whiteford and Michael Tanner; January, 1760, Martin Eichelberger; April, 1761, David Kirkpatrick, Abraham Nesbit and Archibald McGrew; October, 1764, David Jameson, Michael Swope, Samuel Johnston, Samuel Edie, Matthew Dill, Jr., James Welsh, Robert McPherson, John Smith, Henry Slagle, Thomas Minshall, Cunning- ham Sample, William Dunlop, Joseph Hut-

In 1776, ignoring and denying the further dominion of Great Britain, Pennsylvania called a convention to meet at Philadelphia to devise a constitution for the government of the province. By this constitution, in session, and by the president and executive council provided for in the constitution it framed, justices were commissioned until the adoption of the constitution of 1790, as follows :

September, 1776, Robert McPherson, Martin Eichelberger, Samuel Edie, David McConaughy, Richard McAllister, Henry Slagle, Matthew Dill, William Rankin, Wil- liam Lease, William Bailey, William Scott, William Smith, William McCaskey, Josiah Scott, Thomas Latta, William McLean and John Mickle; June, 1777, David Jameson, Samuel Ewing, David Watson, John Cham- berlain, Andrew Thompson, John Hinkle, John Harbaugh, Robert Stevenson, Archi- bald McLean, James Nailor, Thomas Doug- lass, David Messerly, Benjamin Pedan, Jo- seph Reed. Thomas Fischer, Peter Wolf, and Frederick Eichelberger; March, 1778, Jacob Eichelberger: June, 1779, William Mitchell; May, 1780, John Rankin and David Beatty ; January, 1781, Robert Cham- bers; November, 1782, Michael Swope and George Stake; August, 1783, Cunningham Sample; September, 1784, Michael Hahn and Thomas Lilly; October, 1784, William Cochran, Jacob Rudisill and Michael Schmeiser (Smyser); November, 1784, Daniel May; June, 1785, Conrad Sherman ; July, 1785, Robert Hammersly; August, 1786, Henry Miller; June, 1787, David Beatty and Bernhart Zeigler; May, 1788, Robert McIlhanny; June, 1788, Elihu Un- derwood; September, 1789, Jacob Dritt.

These men were selected from different sections of the county, and knew little of technical law, but were chosen because of their good judgment, business experience, recognized integrity of character and influ- ence in their respective communities. By close observation of the law as presented to them by the eminent counselors that prac-

1 i

479

THE BENCH AND THE BAR

ticed before them, they soon became suffi- son and Walter Sharp were qualified as ciently acquainted with the application of county commissioners. John Abbot, Wil- liam Greer, John Blackburn, Baltzer Spang- ler, Michael Tanner and Samuel Crawford were qualified as township assessors. legal principles to the facts in a case to dis- pense justice with a comparatively even hand. Sometimes an unusually tough legal knot might have to be subjected to rather liberal applications of the mollifying unction of equity, as they understood it, but their decisions generally met with the respect not only of the laity, but of the bar likewise. Nor were these courts lacking in dignity. The justices themselves appreciated the fact that their position was an honorable one and entitled to due respect from all, and the uniform urbanity and gravity of deportment that characterized the practice before them, lent grace and dignity to the proceedings.

The personal history of many of the jus- tices antedating the constitution of 1790 is rapidly fading; much of it has vanished "in the twilight of the past." Enough, how- ever, is preserved to show that among them were the foremost men in the community of their day. They filled numerous positions of trust and responsibility outside of their judicial offices. Ten of them at various times, served as county commissioners, seven as sheriffs, eight as county treasurers, two as state senators, sixteen in the legis- lature, and others as coroners, registers, re- corders, prothonotaries, clerks of the courts and in other positions. During the French and Indian War and the Revolution many of them gained distinction in a military ca- pacity. In fact, during the latter war, the courts were largely discontinued; justices and lawyers enlisting in their country's cause.

In 1895 Daniel K. Trimmer, a member of the Bar, read before the Historical Society of York County a paper on the establish- ment of the courts and the early court jus- tices of York County. The introduction to this chapter is a part of Mr. Trimmer's ex- cellent paper. Many of the facts found in the succeeding biographies were also ob- tained by him.

EARLY COURT RECORDS.

The first Court of Several Quarter Ses- sions in York County after its formation, was held at York before John Day, Esq., an English Quaker, and his associates, com- mencing on the 31st day of October, 1749. At this court George Swope, Patrick Wat-

The following is a list of the grand jury selected for the first court of quarter ses- sions, October, 1749: Michael McCleary, William McClelland, James Agnew, Hugh Bingham, James Hall, William Proctor, William Beatty, John Pope, Nathan Dicks, Thomas Hossack, Thomas Sillick, Samuel Moore, James Smith, Richard Brown, Thomas Niely, Jeremiah Louchbridge, Richard Proctor. They were all sworn ex- cept three who affirmed. The names are all English or Scotch-Irish. A number of them were Quakers.

The following is a list of the names of constables appointed for the different town- ships of York County at the first court: Newberry, Peter Hughs; Warrington, Rob- ert Vale; Manchester, Christian Lowe; Hel- lam, John Bishop; Chanceford, George Farr; Fawn, James Edgar; Dover, Caleb Hendricks; York, George Greybill; Man- heim, Valentine Herr; Monaghan, William Langley; Paradise, John Frankelberger; Shrewsbury, Hugh Low; Codorus, George Ziegler.

The following named persons were rec- ommended to the governor as proper per- sons to keep public houses of entertainment, at the same session of court : Michael Swope, George Mendelhall, John Edwards, Michael Bardt, George Hoake, Jacob Fack- ler, Samuel Hoake, William Sinkler. There were a number of taverns opened under the authority of the Lancaster County courts several years before.

The first case tried was King vs. Miller and Smith, overseers of the public high- ways. An indictment was preferred against them jointly for neglect of duty. The de- fendants were discharged upon paying the costs.

The second case was King vs. James King, for assault. This case was settled. The above two cases were the only ones for trial at the sitting of the court.

The second court of the quarter sessions was held on January 30, 1750. Hance Ham- ilton was sheriff and William McClelland foreman of the grand jury, which consisted of nineteen men. At this court the first

480

HISTORY OF YORK COUNTY, PENNSYLVANIA

case attached was Dominus Rex vs. John illustrates that the modes of punishment, as Morningstern. George Stevenson, is re- well as customs of those days, were im- ported. corded as prosecuting attorney for "our Sovereign Lord the King." John Proby was indicted and plead guilty to selling liquor by small measures, without legal au- thority. He was sentenced to pay a fine of five pounds in English currency, which George Stevenson. clerk of the courts re- ceived and was ordered to pay it to the sec- retary of the province. George Ross and David Stout were attorneys for the defend- ant.

In another case at this court a A Severe Sentence. defendant was found guilty by a jury of twelve men "of feloni- ously stealing one linen shirt and one pair of stockings," and was sentenced "to immediately receive on his bare back, at the public whipping post, fifteen lashes and to go to the county jail twelve days for the costs of the prosecution, being unable to pay them." This case illustrates how our an- cestors put into full force the English laws. The whipping post was in common use at this time. It was used quite frequently in this county during its early history.

The next court convened on April 24, 1750. Nineteen men formed the grand jury ; William Peters was prosecutor for the king. Several cases were tried. In the July sessions of 1750, two of the grand jur- ors who were drawn presented themselves, but refused to be qualified according to the demands of the court, whereupon they were fined and were then allowed to depart to their homes in peace. At this session John Lawrence was prosecutor for the king. An incident occurred which created consider- able confusion. An impetuous Scotch- Irishman lost his temper while testifying before the court as a witness in a somewhat important case, and used violent oaths, whereupon the court sentenced him to pay a heavy fine, which the records show was promptly paid.

Margaret Wilmoth plead guilty "to felo- niously taking a silk handkerchief," and was sentenced by the court to receive immedi- ately on her bare back fifteen lashes. By this sentence it is shown that the women as well as the men were sentenced to the un- merciful whipping post, by our provincial justices. It does not speak well for the gal- lantry of the court of those historic days but

At the same sitting of the No Whiskey for Indians. court all the tavern-keepers of the county were required to give bonds "to not suffer any drunkenness, unlawful gaming, or any other disorder, or sell any intoxicating drinks to the Indians to debauch them or hurt them." This being the year 1750, a few years before the French and Indian War, there was a considerable number of Indians within the county. Many of them had great inclinations to ardent spirits, or "fire-water" as they were wont to call them. The provision of the court, forbidding the sale of such liquors to them by the whites, was wise and beneficial. In early colonial days many homes were destroyed by the in- toxicated red man.

At the October sessions, 1750, Hance Hamilton, sheriff, remonstrated to the court in writing, setting forth that by reason of tumultuous behavior of sundry persons, at the last election, he could not make such return as by the act of assembly was re- quired. The court ordered that the com- missioners and assessors who served the previous year, continue in office during the ensuing year, or until a new election be held. All the voting for county officers at that time was done at the county seat. Voters from the remote places were com- pelled to come to York to cast their ballot for county and provincial offices. A bitter contest took place at the election for sheriff between Hance Hamilton and Richard Mc- Allister. The latter was declared elected, but on account of fraud in the voting and violence at the polls, the provincial authori- ties afterward decided in favor of Hance Hamilton. This will explain the cause of his statement to the court in relation to the election. This was the second election for sheriff.

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 York County Pennsylvania, Volume I, Part 86

Author: Prowell, George R. Publication date: 1907 Publisher: J. H. Beers Number of Pages: 1372

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372