History of York County Pennsylvania, Volume I, Part 89

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

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HISTORY OF YORK COUNTY, PENNSYLVANIA

two sons and a daughter. The older son, profound student and close reasoner, a care- the Rev. Robert F. Gibson, is a clergyman ful and conscientious counsellor and a skil- of the Episcopal Church and is rector of ful and convincing advocate. For years Trinity Parish, Williamsport, Pennsylvania. before his elevation to the Bench he was en- gaged in most of the important cases tried in the local courts, and when, after a term upon the Bench, he resumed the practice of his profession, he at once resumed his proper place as a leader of the local Bar. The younger son, John J. Gibson, is an electrical engineer in the employ of the Westinghouse Electrical and Manufactur- ing Company, with headquarters at Phila- delphia. The daughter is Mrs. Francis Farquhar, of York.

JAMES W. LATIMER, president judge of the Nineteenth District, was a son of James Barton Latimer and Sarah Geddes (Cathcart) Latimer, and was born in West Philadelphia, June 24, 1836. His mother was a daughter of the Rev. Robert Cath- cart, a former pastor of the First Presby- terian Church of York, and a man of great force and ability. His father, James Barton Latimer, a man of scholarly attainments and of marked refinement of character, brought his family to York in 1836.

James W. Latimer received his education at the York County Academy, entered upon the study of the law with the late Edward Chapin. a leading member of the York County Bar; was admitted to practice in 1859 and was elected Judge of the Courts of York County in 1885. Retiring from the bench in 1896, he pursued the practice of his profession as the senior member of the law firm of Latimer & Schmidt. He loved the law, and for forty years followed its practice and administered its principles in a manner worthy of his high calling.

He was of Scotch-Irish and French Huguenot descent, and his ancestors had borne a distinguished part in the Revolu- tionary War. He inherited from them his love of liberty and patriotic ardor, and throughout the War of the Rebellion, which followed close upon his admission to the bar, he was conspicuous in every local movement which tended to uphold the ad- ministration at Washington, and to encour- age and cheer the soldiers in the field. Pos- sessed of a keen intellect, an analytical mind and a love of study, his professional ad- vancement was rapid. The successes he achieved were the reward of intrinsic worth. As a lawyer he was resolute to ascertain the facts of the case, indefatigable in the labor of preparation for trial, and quick and accu- rate in the application of the appropriate and controlling legal principle. He was a

Reaching the goal of his ambition in 1886, he brought to the Bench the ripened fruits of years of experience. He was deeply versed in the science to which his life was devoted; and his opinions as spread upon the records of the courts present permanent and abounding proof of the extent and va- riety of his learning, the cogency of his reasoning, the scope of his research and the intensity of his love of justice. His charges to juries were terse and clear, models of clarity and lucidity of expression ; and as a judge he was learned, just and impartial, prompt to act, fearless to execute and in- corruptible in the discharge of the duties of his high trust.

The fundamental principle of his life was honesty. He was not only honest in mat- ters financial, but honest with himself and with his fellows, in a higher and broader sense, wholly and unreservedly devoted to sincerity and truth. He abhorred hypoc- risy and despised cowardice, physical and moral. His strong and rugged personality left a lasting impress upon his time, and was a forceful and beneficent influence in the community in which he lived.

At the time of his death, Judge Latimer was President of the Board of Trustees of the York County Academy, a member of the Board of Trustees of the York Collegi- ate Institute and President of the Delaware Society of the Cincinnati. He married, in early life, Ann Helen Fisher, daughter of the Hon. Robert J. Fisher, of York, and left to survive him his widow and four children, Catharine J. L. Ross, Janet C. Latimer, Emilie F. Latimer and Robert C. Latimer, all of whom are now residents of Washing- ton, D. C.

JOHN W. BITTENGER, president judge of the courts of York County, was born at York Springs, Adams County, No- vember 10, 1834. His great-grandfather, Captain Nicholas Bittenger, commanded a company of soldiers in the Revolution and

James . Latimer

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was captured by the British in the battle of Fort Washington, and held as a prisoner of war for nine months. His maternal great-grandfather, Henry Sheffer, also served in the Revolution, and his grand- father, Dr. Daniel Sheffer, a prominent phy- sician at York Springs, served as associate judge of Adams County, and was elected to Congress in 1836. His father, Henry Bit- tenger, was married to Julia, daughter of Dr. Daniel Sheffer.

Judge Bittenger obtained his education in the public schools, Strasburg Academy, and Pennsylvania College. While attend- ing college, he registered as a law student with Moses McClean at Gettysburg, and completed his legal studies under Judge Bouic, at Rockville, where he was admitted to the bar, in 1856. The same year he en- tered Harvard Law School, where in 1857, he received the degree of LL.B. In 1860, he located at York, where he has since re- sided. In 1862, he was elected district at- torney of York County, and was re-elected in 1865, serving six years in that office. He then turned his entire attention to the prac- tice of law. In 1890, Governor Beaver ap- pointed him to fill the vacancy on the bench of the Nineteenth District, caused by the death of Judge Gibson, and in the same year he was nominated and elected to suc- ceed himself on the bench. After the ex- piration of a full term of ten years, Judge Bittenger was re-nominated by the Demo- cratic party, endorsed by the Republican party, and re-elected to the same office. Since 1895, he has been president judge of the Nineteenth Judicial District.

W. F. BAY STEWART, judge of the courts of York County, from 1895 to 1905, was born in Chanceford Township. York County, February 25, 1849, son of Thomas Roland Stewart. His mother was a daugh- ter of Thomas Bay, Harford County, Mary- land, who for many years was judge of the Orphans' Court of Harford County, and commanded an artillery company at the battle of North Point, in 1814. He ob- tained his education in the public schools, Pleasant Grove Academy in Lower Chance- ford Township, and the York County Acad- emy. He engaged in teaching in the public schools for two years, and then served as instructor in the York County Academy. While teaching, he began the study of law

in the office of Colonel Levi Maish, and was admitted to the bar, November 3, 1873. Two years later, he formed a partnership with John Blackford, then district attorney and a leading member of the bar, which was continued until the death of Mr. Blackford in 1884.

On October 1, 1884, Judge Stewart en- tered into partnership with Henry C. Niles and George E. Neff, and this was terminated by the elevation of Judge Stewart to the bench, in 1895. From 1883 to 1894, he was engaged in the foundry, machine and tan- ning business, with the firm of Baugher, Kurtz and Stewart, a large manufacturing industry of York. He has also served as president of the York Card and Paper Com- pany, York Knitting Mills Company, Nor- way Iron and Steel Company, York County Traction Company, and one of the organ- izers of the York Haven Water and Power Company. He was one of the organizers and elected president of the Valdez-Yukon Railway Company, engaged in extending a line from Valdez, in Alaska, through the Copper River country to the Yukon River. At the expiration of his ten years' term of service, Judge Stewart retired from the bench, and turned his entire attention to his large business interests. Ursinus College gave him the honorary degree of A. M.

NEVIN M. WANNER, one of the judges of the courts of York County, was born May 14, 1850, at Washingtonville, Colum- bia County. Ohio. His father. Rev. Aaron Wanner, D. D., was a prominent clergyman in the Reformed Church, and filled several important charges in York and vicinity. He obtained his preliminary education in the public schools and after graduating from the High School at Germantown, Ohio, in 1866, went to Heidelberg College. at Tiffin. Ohio, where he remained two years. He then entered Franklin and Marshall College, at Lancaster, from which institution he was graduated in 1870, re- ceiving one of the highest honors of his class. After leaving college, he became a law student in the office of General B. F. Fisher, of Philadelphia, meantime attending lectures in the law department of the Uni- versity of Pennsylvania. He also regis- tered as a student at law with Erastus H. Weiser, at York, where he was admitted to the bar, August 28, 1875. From the date

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of his admission to the bar, to the time of of the first associate judges of York County his elevation to the bench, Judge Wanner and served in that position until his death. Judge Rudisill was a man of good education and excellent character. He was an excel- lent penman and attended to a great deal of Orphans' Court work, and conveyancing for his friends and neighbors in and around Hanover. He was one of the original trus- tees of York County Academy. The in- scription on his tomb in St. Matthews' churchyard shows how highly he honored his life partner. Jacob Rudisill died No- vember 22, 1810, aged 60 years. devoted his time and attention to the prac- tice of his profession. From 1887 to 1890, he was district attorney for York County. For many years, he was solicitor for the Pennsylvania Railway Company, Northern Central Railway Company, and the lines controlled by them in York, Adams, Cum- berland and Perry counties. In 1905 he was nominated by the Democratic party for the office of judge of the courts of York County, and was elected. He entered upon the duties of his office in January, 1906, for a term of ten years.

ASSOCIATE JUDGES.

COLONEL WILLIAM SCOTT, one of the first associate judges under the consti- tution of 1791, was born within the present area of Adams County, of Scotch-Irish par- entage, about 1750. Early in the Revolu- tion, he commanded a company of Associa- tors which marched to New Jersey and joined the Flying Camp, in which he served as a lieutenant in 1776, and was present at the battle of Fort Washington. He re- turned to York early in 1777, and the fol- lowing year was made one of the sub-lieu- tenants for York County, with power to organize and train the militia in several townships. During the last two years of the Revolution, he served as lieutenant of York County with the rank of colonel, in command of all the militia within the pres- ent region of York and Adams counties. He continued in this position until the end of the war, and then engaged in business. In 1790, he was appointed one of the asso- ciate judges of York County, and served in that position until the organization of Adams County in 1800.

Colonel Henry Slagle, of the Revolution, whose biography will be found on page 252 in this volume, and Hugh Glascow and Jacob Hostetter, who served as members of Congress, whose biographies appear in a list of Congressmen in another chapter, served as associate judges of York County.

JACOB RUDISILL was born in Han- over, and early in life became a prominent man of public affairs in his section. In 1784 he was commissioned justice of the peace under the constitution of 1776. Under the constitution of 1790 he was appointed one

GEORGE BARNITZ was born in Your. Barev in the year 1780, and was prominent in the business interests of his native town. He Fal was appointed associate judge for York County by Governor Snyder, in March, 570/8) 1813 and held the office for twenty-one years. He was twice chosen a presidential elector, and held several local offices with great credit, and was a man of high honor and integrity. A meeting of the bar after his deathi passed resolutions in commenda- tion of his life and character. He died April 19, 1844.

JOHN L. HINKLE was born in Han- over, September 25, 1781 .. He was ap- pointed justice of the peace for his native town, March 14, 1817, under the constitu- tion of 1790, and also turned his attention to surveying. For many years he con- ducted a hardware store. He had an innate love for politics, could speak the Pennsyl- vania German language with great fluency, and made many trips over York County in the interest of his favorite candidates. For many years he exerted more influence in controling the German vote for the interest of the Democratic party than any person who resided in York County at that time. He was appointed associate judge for York County, December 10, 1818, and served con- tinuously until 1841, a period of twenty-four years. He died in Hanover, February 18, 1846.

GEORGE DARE was born near Lewis- berry, York County, July 12, 1789, of Scotch-Irish parentage, he and his ancestors being members of the old Monaghan Pres- byterian Church, now in the borough of Dillsburg. He followed the occupation of a farmer, and filled the office of justice of the peace in Monaghan Township. . He was ap- pointed associate judge of the courts of

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York County, April 5, 1841, and served till inated as one of the candidates for associate March 28, 1846. He died September 25, judge, together with Robert J. Fisher, presi- 1863, at the age of 75 years. He was a man of honor and integrity and highly respected by his friends and neighbors.

SAMUEL COXE BONHAM was born at Lincolnton, North Carolina, November 10, 1791. He moved from North Carolina to Pennsylvania in 1814; married Margaret Dritt, daughter of General Jacob Dritt, March 17, ISIS; married Elizabeth Stehman May 19, 1825. He came to York in 1827 and occupied a prominent position in this community, and filled important public sta- tions. He was a member of the convention that formed the constitution of 1838, repre- senting York County in that body, together with Charles A. Barnitz, John R. Donell and Jacob Stickel. He was for ten years one of the associate judges for the County of York, having been appointed March 26, 1840; and held the position until the expira- tion of his term in 1850. Judge Bonham died on Wednesday, May 14, 1856, and al- though he had been for many years retired from the bench, a meeting of the bar bore testimony to the high esteem in which he was held by them and community.

JACOB KIRK was the son of Isaac Kirk, and was born of Quaker parentage, at New Market, Fairview Township. He first gained local prominence as an earnest advo- cate of public education. He was appointed a justice of the peace under the constitution of 1790, and also became a prominent land surveyor in his native section of the county. He was appointed associate judge for York County after the expiration of the term of Judge Bonham, in 1850, and held the office until the election of judges in 1851. In 1854 he was elected first county superintendent of common schools. Owing to feeble health he resigned the office before the expiration of his term, and soon after died in his native village.

ISAAC KOLLER was born February 5, 1800. He was a prominent and highly re- spected citizen of Shrewsbury; had been one of the principal men in the organization of that borough, and was postmaster during Andrew Jackson's administration. In 1851, by amendments to the constitution of the commonwealth, the office of associate judge was made elective, and at the Democratic county convention of that year he was nom-

dent judge, and Mills Hays, associate judge. He was elected in October, and was com- missioned by Governor William F. Johnston for five years, from the first Monday of De- cember following. On this last mentioned day he took his seat with the other judges of the new bench. He exercised the duties of the office until I854, when he died, Octo- ber 21, in the fifty-fifth year of his age. At a meeting of the bar on that occasion, the tribute of respect to his memory was that of an upright and affable judge, and an amiable and honorable member of society.

MILLS HAYS was a son of Jesse Hays, of Welsh descent, who emigrated to New- berry Township from Chester County dur- ing the year 1770, and married Margery Mills, a Quakeress, and resided near the vil- lage of Yocumtown. Mills Hays was their third child, and was born in 1786. On August 13, 1817, he was appointed one of the three justices of the peace for the third district, composed of Newberry and Fair- view townships, under the constitution of 1790, and served in that capacity continu- ously until the fall of 1839. Under the amendments to the constitution in 1851, he was elected associate judge of York County, serving one full term of five years. He died in the village of Newberrytown in June, 1858, aged 72 years.

JOHN RIEMAN was born in 1802. In 1854 he was appointed associate judge in the place of Isaac Koller, deceased. The popularity of this appointment was made apparent at the polls the next year by his election to the office. In 1860, Judge Rie- man was re-elected, receiving then his third commission. He died October 19, 1862, aged 60 years. Judge Rieman by his will, made August 28, 1857, bequeathed $6,000 in trust to the borough of York for the ben- efit of the worthy poor. The direction was to invest the money in United States six per cent bonds, the interest to be paid to the benevolent society, and in case of no such society he directed the borough authorities to organize such, to be called Benevolent Society of the borough of York.

DAVID NEWCOMER was born at Kralltown, Washington Township, York County, April 25, 1809. Early in life he turned his attention to farming. During

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the militia days he drilled a company in his duties of the office on account of the unset- native section and afterwards commanded a tled state of the national affairs. He was chief burgess of the borough of York in 1857, and was elected associate judge in 1863, and re-elected in 1868, but served only a year of the term. He died October 2, 1869. volunteer company. He had few advan- tages of acquiring an education when young, but on attaining manhood became a constant reader. He had an extraordinary memory, had acquired a vast fund of scien- tific information, and was a great student of ancient history. He removed to Han- over, and in 1866 was elected associate judge of York County and served continu- ously until 1871. He died in Hanover No- vember 24, 1874.

ADAM EBAUGH was born near Stew- artstown in 1806, son of John and Sarah (Flowers) Ebaugh. After he grew to man- hood he engaged in farming and milling, at the Ebaugh homestead. For seven years he was drum major of the Sixty-fourth Regiment of Pennsylvania Militia from York County; afterward he was lieutenant of the Jackson Greys, a uniformed military company of Shrewsbury, and later for twelve years was captain of the Mechanics- burg Rifles, a company organized in Hope- well Township. In 1834 he was appointed justice of the peace by Governor Wolf, and served sixteen years as a school director. In 1841-42 he represented York County in the State legislature and in 1844-5-6 was member of the State Senate. The succeed- ing six years he was state agent for the York and Cumberland Railroad, extending from York to Harrisburg. From 1856 to 1866 he was associate judge of York County. He was a delegate to twenty Democratic county conventions and five state conven- tions for the same party. Judge Ebaugh was active and prominent in the affairs of the lower end of York County and during his whole life was deeply interested in the public schools. He was one of the few men in the county who enjoyed the privilege of having voted seventy-one times before he died, May 22, 1897, at the advanced age of 91 years. He retained his mental faculties and his interest in public events until the last year of his life.

JOHN MOORE was born of English parents in Fairview, and early in life became a prominent man in public affairs in his na- tive township. The public school system had no firmer advocate in the upper end. He was kind hearted, jovial and always en- joyed good company. After serving in various township offices with ability he was elected associate judge of York County, and served from 1871 till the expiration of his term of office in 1876. He had no successor, the office being abolished. He died at his country home in Fairview Township.

VALENTINE TROUT, of Chanceford Township, was the last associate judge to serve in York County. Upon the death of Judge Moore, of Fairview Township, while he was still holding his office, John C. E. Moore, of York, was appointed to fill the unexpired term of his predecessor. The

bench of York County was then composed of president judge, Robert J. Fisher, and his two associates. Under the revised consti- tution of 1873 the office of associate judge, not learned in the law, was abolished in counties forming separate districts. The bench still retained its twofold character for a time as the constitution provided that all associate judges in office at its adoption should serve out their full term. Judge Moore's term expired in 1875 and Judge Trout's in 1878.

THE BAR.

GEORGE STEVENSON, one of the ear- liest lawyers west of the Susquehanna, was born in Dublin, Ireland, in 1718. He was educated at Trinity College, Dublin, and is supposed to have been admitted to the bar in his native country. He came to Pennsyl- vania about 1742. Soon after his arrival, he was appointed deputy surveyor-general un- der Nicholas Scull, for the three lower coun- ties of Pennsylvania, which later became the state of Delaware, and resided at Newcastle. In 1749. when York County was formed, George Stevenson was appointed by author-

PETER MCINTYRE was born in Ster- ling, Scotland, in 1806, and came to York. He became a manufacturer of whips on a large scale. and was a prominent and active citizen. In 1860 he was appointed by Pres- ident Buchanan collector of the Port of Charleston, S. C., but did not enter upon the ity of the Penns to take charge of the court

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records at York. During that year he was from the eastern counties of the province. commissioned pronthonotary, clerk of the Samuel Johnston was admitted to practice courts, register of wills and recorder of at York October 28, 1755, and seems to have been the first resident lawyer in York County. He was a man of attainments and good judgment. He had acquired his edu- cation before he left his native country. The court records had been kept the first sixteen years by George Stevenson, the agent of the Penns. After he removed to Carlisle, Samuel Johnston succeeded him in 1764. Johnston relinquished the practice of law when he was appointed by provincial authorities, prothonotary, clerk of the courts, register of wills and recorder of deeds. He continued to hold these offices until the first state constitution of 1776 went into force. In the year 1777, he was suc- ceeded by Archibald McLean. deeds, which offices he held from 1749 to 1764, a period of sixteen years. The early court records in his handwriting were care- fully executed and show that he was a man of education and superior mental training. While he resided at York, he made a large number of surveys within the limits of the county and also made the second plan for the town of York in 1754, now on record in the land office at Harrisburg. His work as a surveyor and court official prevented him from engaging extensively in the practice of law during this period of his life. In 1755, he. was appointed one of the court justices for York County but did not serve fre- quently on the bench. During the French and Indian War, he reported to the provin- cial government at Philadelphia the condi- tion of affairs along the western frontier of Pennsylvania, and on two occasions, wrote alarming letters stating that York and Car- lisle were threatened by approaching bands of hostile Indians. These communications seem to have resulted in more provincial troops being sent west of the Susquehanna for the protection and safety of the inhabi- tants.

George Stevenson became one of the olution, were both students-at-law under most extensive land owners in York County before 1760. Owing to certain mishaps, he became financially involved, and in 1764, was retired from the offices he held in York County. He then removed to Carlisle where he devoted his attention to the prac- tice of his profession. He resided at Car- lisle until the time of his death in 1783, at the age of 65. He was married to the widow of Thomas Cookson, deputy sur- veyor for the province of Pennsylvania and an early member of the Lancaster bar. The commission as court justice at York and his commission as prothonotary and other local offices are in the possession of George W. Guthrie, mayor of Pittsburg, a lineal descendant of George Stevenson.

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History of York County Pennsylvania, Volume I, Part 89

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