History of York County Pennsylvania, Volume I, Part 87

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

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On the death of Walter Sharp, one of the county commissioners, the vacancy was filled by a vote of the surviving commis- sioners and the assessors, electing William McClelland for the current year. The com- missioners were then George Swope, Pat- rick Watson and William McClelland. Alexander Love produced a commission un- der the seal of "Hon. James Hamilton, Esq.,

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lieutenant governor of the province of wine in the face of another juror," was fined Pennsylvania, and counties of New Castle, 20 shillings. Kent and Sussex on the Delaware," dated The general assembly of Pennsyl- October 9, 1750, declaring him coroner of Tavern vania, considering that inn holders the county of York. His qualifications, Rates. exacted excessive rates for their professional requirements, and Christian be- lief, enjoined by law and ability to faith- fully discharge his duties, were certified to in his commission.

wines, provender, etc., enacted a law on the 3Ist of May, 1748, by which the justices of the peace, in their quarter ses- sions should set such reasonable prices as they should see fit. The justices of York County, on the 28th of January, 1752, es- tablished the following rates and prices, given from an extract taken word for word from the records of the court of quarter sessions :

One quart sangaree made with one pint of s.

good Madeira wine and with loaf sugar .... 1

A bowl of punch made with one quart water

with loaf sugar and good Jamaica spirits .. I

One pint good Madeira wine .. 3

One pint good Vidonia wine.

0 IO

One pint good Port wine .. I

One quart mimbo made with West India rum and loaf sugar

One quart mimbo made with New England rum and loaf sugar. O

One gill good West India rum. 0

One gill good New England rum 0

One gill good whiskey O

One quart good beer O

One quart good cider

One man's breakfast

One man's dinner. 0

One man's supper 0

One horse at hay twenty-four hours. O IO

One horse at hay one night. 0 8

"The above rates were settled by the court and pro- claimed by the crier in open court of general quarter sessions, in pursuance of an act of general assembly of this province in such case made and provided."

The above continued for some years to be the tavern rates within the county of York. But the statutes requiring them have long since been repealed.

A certain defendant at the same

The court was convicted of an assault

Pillory. to commit a rape. He was sen- tenced to pay a fine of 5 pounds to the government, be publicly whipped on his bare back twenty-one lashes, on the 28th of May, 1752; after first punishment he was placed for one hour in the pillory. This was one of the most severe punishments that could be imposed. The use of the whipping post seems severe, but the

At this court the Grand Inquest made complaint that "John Proby forced open the door of the chamber and treated them in an insolent and indecent manner." The court ordered him to pay a fine of 20 shil- lings. "It was paid the same day to Rich- ard Ferguson, whose house was burned." pillory was humiliating. The pillory, an ancient instrument of punishment, con- sisted of a frame of wood erected on posts, with movable boards and holes through Proby was a notorious criminal. He was twice tried at the Lancaster Court, and a dozen times at the York court. Charles Crim, a grand juror, at this session, "for which the head and hands of a criminal were breaking the peace and casting a glass of placed to expose him to public derision.

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The next court of quarter sessions, 1751, was held by Patrick Watson and his asso- ciates. It will be here observed that he was the second presiding justice of the court. A commission from his Majesty King George II, of England, dated April 25, 175I, assigning Patrick Watson, John Day, John Wright, Hance Hamilton, George Stevenson, John Winthrow, Walter Bu- chanan, John Blackburn, John Pope, Wil- liam Griffith and Herman Updegraff jus- tices of the peace under the king of England, and also empowered to be justices of the court of common pleas, was read in open court and published. Patrick Watson, John Day and Herman Updegraff subscribed the oath and took their seats for this court. Their first business transaction was the ad- mission to practice before their court of Edward Shippen, Jr., who already was a member of the honorable society of the Middle Temple Bar of London. John Matthew, Jr., was admitted as an attorney at the same time.

At the July term of court Samuel Morris and Joseph Galloway were admitted as at- torneys; Alexander McDonald and Felix Gallagher were granted peddler's license; Bartholomew Moul was elected commis- sioner at what was termed the "anniversary election" and was qualified October 29. He was the village schoolmaster of York. Hugh Bay was admitted as a practicing at- torney, January 28, 1752.

Half a gallon of good oats 0

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HISTORY OF YORK COUNTY, PENNSYLVANIA

The pillory was used in England until 1837.

At the January term, 1753, John Adlum was qualified as the second high sheriff of York County, having been elected to fill the position vacated by Hance Hamilton. Thomas Otway and William Parr were ad- mitted to practice law in York County. Twenty-nine persons were recommended to the governor of the province as proper per- sons to keep public houses of entertainment in the county of York. On October 30, 1753, James Agnew was qualified as com- missioner. Edward Shippen, Jr., was prosecuting attorney.

Thomas McCartney was sworn in as com- missioner, and Samuel Johnston admitted to practice, October 28, 1755. Among the records of 1758 is found the petition of Francis Whistle, a prisoner in the county jail, being a runaway servant of John Oli- ver, of Maryland, to whom notice was sent to come and pay the prison fees and other charges due, amounting to 3 pounds, I shil- ling and 6 pence. The petition set forth that Francis Whistle had no money to pay said fees and asked that he might be ad- judged to serve a reasonable time, in satis- faction of costs and expense, whereupon the court ordered that the said Francis Whistle be sold to some proper person by the jailer to serve for one year, the purchaser or mas- ter to furnish him sufficient meat, drink, ap- parel and lodging during said term. Whistle was what was then termed a "re- demptioner."

The session held during the month of October, 1760, was presided over by Thomas Armor, a man of considerable ability as a jurist. He filled several im- portant positions during the Revolution. In 1761, there were forty-four public inns or taverns in York County, eighteen being in the town of York. During this year, Ed- ward Shippen, Jr., prosecuting attorney or attorney for the king, was succeeded by John Mather. At the January session, 1763, Robert McPherson was sheriff of the county, and Robert Magaw attorney for the king. He was succeeded by George Ross. This year there were fifty-nine persons licensed to keep tavern in the county. At the October session of 1763, John Morris, Jr., of the city of Philadelphia, became prosecuting attorney for York County. The entry on the record is as follows:

"John Morris, Jr., of the city of Phila- delphia, attorney-at-law for our sovereign Lord the King in this court by virtue of a deputation from Benjamin Chew, Esq., at- torney general for the Province of Pennsyl- vania."

John Blackburn, a Quaker.

Stevenson residing in Warrington Town- Resigns. ship, presided over the next court, beginning October 17, 1764. George Stevenson, who was prose- cuting attorney at the first court of quarter sessions, and was clerk of the court, register and recorder since the erection of the county in 1749, presented his resignation to the court on October 30, 1764, after having served in that office sixteen years in suc- cession. The court records kept under his direction, still in an excellent state of preservation, are examples of neatness and care. The court, after appropriate cere- monies, accepted his resignation, and Sam- uel Johnston was appointed to succeed him in office. Johnston presented to the court his commission "from the Hon. John Penn, lieutenant governor," at the next meeting of the court, which was read and approved.

During the next two sessions, the cele- brated Benjamin Chew, attorney general of Pennsylvania, was present and conducted the prosecution in certain important pro- vincial cases.

Alexander Ramsey, keeper of the jail of York County, petitioned the July court set- ting forth, that Andrew McCollins, "a run- away servant boy (redemptioner) has re- mained in jail for a long time and has been advertised and notice given to his master," whereupon the court ordered that the said servant be sold to pay the said jailer what is due him for the support and maintenance while in prison.

In the year 1768, a certain defendant was convicted of stealing from John Spore two gold Spanish doubloons, one gold Spanish pistole, one gold coin called a half johannes, two bills of credit of Maryland, all of which were valued at twenty-four pounds in the province of Pennsylvania.

At the January sessions, 1768, the citizens of Manchester Township petitioned the court, setting forth that they had learned that "certain citizens of Manchester, Dover and Newberry Townships had petitioned the court for a public road to lead into

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through James Wright's unimproved mead- ows, which is low ground, and would have to be cause-wayed, and extend across Co- dorus Creek, which during a great part of the year, would be impassable, except the county would build an expensive bridge. The creek at this point is very broad and the banks low. We therefore petition for the court to have the road laid out so as to enter High (Market) Street, where there is a bridge." This petition shows that no bridge at this time existed over the Co- dorus at North George Street, but that there was one on West Market Street. At the April session of the same year the court by the advice of the grand jury, ordered that "a good stone bridge be built over the Codorus Creek in York and appoint David Jamison, Martin Eichelberger, Michael Swope, and Samuel Johnston, Esqs., and Thomas Stockton, Hugh Dunwoodie, and Dr. John Meem, to agree with proper workmen and have the same built as soon as convenient, the old bridge of wood being very much decayed, and the sills rotten, so that it was dangerous for a heavy wagon to cross." The old stone bridge, which stood so many years at that point, was built the following year.

Jail.

In July sessions, 1768, the county A New commissioners requested that the county jail be enlarged, as it was too small for a work house and prison, and that the walls were not safe, whereupon the court ordered them to erect an additional building. This was done during the next year. It was the same building which stood on the corner of South George and King Streets until 1855, when the present jail building was erected.

George Street, York; that the said road in the forenoon, for one hour. That then from the north as petitioned for, would lead he shall have both ears cut off, and that they be nailed to the said pillory. That the said defendant shall then be whipped at the public whipping post in York with thirty- nine lashes on the bare back well laid on, and then pay a fine of 100 pounds of lawful money, the one half to the governor of this province for support of the government, and the other half to the discoverer; that the defendant pay the costs of the prosecu- tion, and as he has no lands or tenements, goods or chattels, to pay said fine, he is hereby adjudged to be sold for the term of four years to make satisfaction for the said fine of 100 pounds." The penalty for counterfeiting was sure death in England at this time and until a much later time.

Michael Graybill was appointed keeper of the work house and the house of correc- tion for York County to serve during his pleasure, January, 1771.

An order to build a bridge across the Co- dorus Creek at William Spangler's mill, on the road leading from York to Baltimore, was granted April, 1772. Robert McPher- son, of Marsh Creek, now Gettysburg, was then president justice of the court. In 1774, a woman was convicted of stealing two articles of clothing, and was sentenced to receive fifteen lashes at the whipping post. The presiding officers of the court for the first twenty-five years were all English; Martin Eichelberger and Michael Swope were the first Germans who attained prominence in court matters.

We close these notes with a letter sent from Conewago, now Hanover, to George Stevenson, who was one of the "bosses" in county affairs :

Friend Stevenson: We spoke with our neighbors that you shall run Sheriff on our ticket if you put in Frederick Gelwix for commissioner, that is to say in our parts, and if not you shall have no interest more in our parts, and if you will do so send us a few lines back again. So much from your friends,

At the October sessions, James Pitt was found guilty of counterfeiting a two shil- ling bill of credit of the Province of Pennsylvania, changing it to a ten shilling bill of credit. The defendant plead not guilty. The case was conducted by An- drew Allen, attorney-general of the prov- MICHAEL DANNER, FRED. GELWIX. ince. The defendant, upon a trial before twelve men, was found guilty and received Conewago, Sept. 14, 1765. the following terrible sentence: "That the The convention of 1789-90 formed a new constitution for the State. In carrying this constitution into effect, the Legislature said defendant stand in the pillory in York on the 29th day of November of the year 1768, between the hours of ten and twelve, enacted that the State be divided into dis-

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HISTORY OF YORK COUNTY, PENNSYLVANIA

tricts; that in each district a person of Glascow, commissioned July 1, 1800. On knowledge and integrity, skilled in the laws, December 6, Jacob Rudisell died in office, but no successor was appointed. From that time on, the number of associates was two. John Stewart being elected a member of Congress, Jacob Hostetter was commis- sioned February 28, 1801. In 1806, Chester County was separated from the Second District, leaving Lancaster, York and Dauphin. This caused no change in the district bench. In January, 1811, Judge Henry resigned his commission, and on the 18th of the same month Walter Franklin was commissioned president judge of the Second District. Hugh Glascow in turn was elected member of Congress, and to succeed him, George Barnitz was commis- sioned, March 29, 1813. In 1815, Dauphin was taken from the Second District to be- come part of the Twelfth. In 1818, Jacob Hostetter was sent to Congress. John L. Hinkle was commissioned, December 10, 1818, to succeed him. be appointed and commissioned a president judge; that in each county a number of proper persons, not fewer than three nor more than four, be appointed and commis- sioned associate judges; that the courts be held at the same time and place as formerly ; that the president judge and associates, or any two of them, and the register of wills, should have power to hold a Register's Court, and that Orphans' Court be held. The second district or circuit consisted of the counties of Chester, Lancaster, York and Dauphin. The associate judges could hold any of the courts except that of Oyer and Terminer, which court had cognizance of murder trials. This act was passed April 19, 1791. It placed the judiciary on an en- tirely new basis. The improvement was great; for, whereas, before there was nothing but the skill and sense of right of the plain citizen to unravel intricate law questions, now all the knowledge and experience which a legal training and prac- tice could give were added in the person of the lawyer. It is wonderful that the people of Pennsylvania clung so long to the old system of 1722. In the constitution of 1776, no improvement was made on it, and not until 1790 did the people really wake up to its faults.

A district court was established for York County by an act of legislature passed April 10, 1826, reorganizing the district court of the Lancaster District, to which York County was annexed. The district courts had concurrent jurisdiction with the courts of Common Pleas, and causes were trans- ferred from the Common Pleas to them. The court consisted of a president and an associate judge, both learned in the law. Ebenezer G. Bradford was appointed presi- dent judge and Alexander Thompson, as- sociate. Shortly afterward, Alexander Thompson was appointed president judge of the Sixteenth Judicial District, composed

The first Quarter Sessions under the new constitution was held on the 24th of October, 1791, before William Augustus Atlee. The first indictment was against Samuel Pope for assault and battery. He was found guilty and fined 7 shillings and costs. The associate judges were Henry of the counties of Franklin, Bedford and Somerset. Alexander L. Hays was ap- pointed his successor. April 8, 1833, York and Lancaster were formed into separate districts, but the Lancaster Court was given jurisdiction over both till December 16 of that year, to enable those to make the proper arrangements, who wished for a change of venue after the separation. On that day, Daniel Durkee was appointed judge of the York District. The act of separation authorized the appointment of only a single judge for each district. Judge Durkee held the office until it expired, through the cessation of this kind of court, in 1840. The district courts were probably

Schlegel, Samuel Edie, William Scott and Jacob Rudisell, the last of whom was com- missioned August 17, 1791. The next day before the same judges was held the first Common Pleas court. Judge Atlee con- tinued to preside over the district until April 9, 1793, when he died. In December of that year, after a vacancy in the office of nearly three months, John Joseph Henry was appointed as Judge Atlee's successor. On January 22, 1800, Adams County was erected out of part of York County, and as associate judges Schlegel, Edie and Scott lived within its limits, others were ap- pointed. The appointees were John Stew- art, commissioned January 30, and Hugh established for some particular purpose, as

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they lasted only fourteen years. The act of to fill the position. William Irvine re- 1833 named the date of cessation May I, signed his commission in the spring of 1840. They were intermediate between the Supreme Court and the county courts, and the cause of their organization may have been only to relieve the Supreme Court. Their establishment in 1826 was merely a reorganization, for the district courts had been in use in the province before the Revolution.

On the 14th of May, 1835, York and Adams Counties were separated from the Second District and became the Nineteenth Judicial District, which title York still bears. Daniel Durkee, judge of the District Court, was also commissioned president judge of the Common Pleas of this district. By the act of 1790, a certain number of associate judges were appointed in each county, not district, so that this change of district made no change necessary in that office. The associates at this term were George Barnitz and John L. Hinkle. In 1838, a constitutional convention met and made numerous amendments to the consti- tution, none materially affecting the judicial system. The only change reaching the bench here, was the limitation of the term of office of the president judge to ten years and that of associate judge to five years. Judge Durkee had been on the bench for three years, George Barnitz, twenty-five years and John L. Hinkle, twenty years.

The convention of 1838, in determining the plan of the inauguration of the system, ordained that the terms of those president judges who had held the office less than ten years should expire upon the 27th of Febru- ary next, after the end of ten years from the date of their commission. It also ordained that the associate judges, should be divided into four classes, according to seniority of commission ; the terms of those in the first class to expire on the 27th of February, 1840; the second, the same day. 1841, and so on. George Barnitz was in the first class. To succeed him, Samuel C. Bonham was appointed March 26, 1840. John L. Hinkle was in the second class and his suc- cessor was George Dare, appointed April 5. 1841. Judge Durkee's term of office would have expired February 27, 1846, but he re- signed shortly before that date and resumed the practice of law. On February 10, Gov- followed him, elected that October. The ernor Shunk appointed William N. Irvine bench, then, the last bench in York County

1849, and Judge Durkee was reappointed, April 6. On March 28, 1846, George Ham- mond was appointed to succeed George Dare, and Jacob Kirk was appointed in 1850 to succeed Samuel C. Bonham. The bench then, the last wholly appointed bench in the county, consisted of Daniel Durkee, presi- dent judge; George Hammond and Jacob Kirk. associate judges.

In 1851, the constitution was again amended. The judgeship was made elec- tive, a vast improvement upon the former system. The qualifications, titles and num- ber of judges remained the same, but the fight for the office was removed from Har- risburg to York. The first election after the establishment of the new plan was held on the second Tuesday of October, 1851. Robert J. Fisher was elected president judge, Isaac Koller and Mills Hays as- sociates. Isaac Koller died in 1854, and as it had been ordained that when a judge died in office the governor should appoint a suc- cessor, who was to hold the position until the next general election, John Reiman was appointed, November 6, 1854. He was elected in 1855 and again in 1860.

In 1856, Adam Ebaugh was elected to succeed Mills Hays. John Reiman was elected in 1860, receiving then his third commission. In 1861, Robert J. Fisher was re-elected president judge, and Adam Ebaugh associate judge. In 1862, John Reiman died, and David Fahs was ap- pointed, November 5. 1862, to fill the vacancy. He held the office for a year, when Peter McIntyre was elected. In 1866, David Newcomer was elected to suc- ceed Adam Ebaugh. In 1868, Peter McIn- tyre was re-elected, but served only a year of his second term. He died in 1869. Jacob Wiest was appointed to fill the vacancy on the 30th of October. His term lasted one year. He was followed by Peter Ahl, elected in 1870. Judge Fisher was again re-elected in 1871. At the same time. John Moore was elected to succeed David Newcomer. Peter Ahl died in 1873, and J. C. E. Moore was appointed to fill this vacancy on the 24th of May. He held the position for six months. Valentine Trout

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HISTORY OF YORK COUNTY, PENNSYLVANIA

in which there were any associates, con- of Pennsylvania. After completing his edu- sisted of Robert J. Fisher, president judge ; John Moore and Valentine Trout, associate judges.

By the constitution of 1873, the office of associate judge not learned in the law was abolished in counties forming separate dis- tricts. Counties containing 40,000 inhabi- tants were to constitute separate judicial districts. York County, having a popula- tion of 76,000, became of itself the Nine- teenth. Adams County, formerly a part of this, became the Forty-second. The

register's court was abolished. The bench still retained its two-fold character for a time, as the constitution provided that all associate judges in office at its adoption should serve out their full terms. John Moore's term expired in 1875; Valentine Trout's in 1878. The latter upon leaving the bench was given a supper as the last associate judge in York County, and in 1906 is living, at the age of 90.

By act of April 12, 1875, York County was given an additional law judge. In the fall of that year, Pere L. Wickes was elected to the position. In 1881, John Gibson was elected to succeed Judge Fisher, when Pere L. Wickes, by seniority of commission, was made president judge.

In 1886, James W. Latimer was elected to succeed Judge Wickes. When he entered upon the duties of his office John Gibson be- came president judge, serving in that posi- tion until the time of his death, July 6, 1890. In the fall of that year John W. Bittenger was elected and Judge Latimer became president judge. In 1896, W. F. Bay Stew- art was sworn into office as additional law judge and served one term of 10 years. He was succeeded, in 1906, by Nevin M. Wan- ner. After the retirement from the bench of Judge Latimer, in 1896, John W. Bit- tenger became president judge. In the fall of 1900 Judge Bittenger was re-elected without opposition, retaining his position as president judge.

THE BENCH.

WILLIAM AUGUSTUS ATLEE, the first president judge of the courts of York County, under the constitution of 1790, was born in Philadelphia, July 1, 1735. He ob- tained a liberal education in the private schools of his native city and the University

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History of York County Pennsylvania, Volume I, Part 87

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