History of York County Pennsylvania, Volume I, Part 91

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 91


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THOMAS P. POTTS was admitted to the York County Bar, March 16, 1844, and soon acquired a high standing. He was a man of education and ability, an excellent lawyer and an energetic and successful ad- vocate. He was for some time associated in practice with John G. Campbell, and had a large and remunerative practice. He did not, however, remain many years at York, when he removed to Philadelphia. He was of portly figure, with florid face, of pleasant address and genial disposition.


JOHN EVANS, prominent and influen- tial as a member of the York County Bar for a period of fifty-four years, was born at Hummelstown, Dauphin County, May 9, 1800. His grandfather came to this coun- try from Wales, settling in eastern Penn- sylvania. His father, Joseph Evans, was an intelligent and successful millwright of Dauphin County. His mother was a native of Lancaster County. When John Evans was six years of age, his father died and he court or jury with such clearness of con- moved with his mother to Columbia and attended the schools of that borough. At the age of fourteen, he became a student in the York County Academy, where he ex- celled in the study of the English language, higher mathematics and the ancient classics. His mother died while he was acquiring his education at York. The property which he inherited from his father had been en- Mr. Evans was also interested in


trusted to a guardian who failed before he attained his majority. This misfortune prevented John Evans from completing a course at Princeton College for which he was preparing at the academy.


While he was a student at this institution Thaddeus Stevens was one of the instruc- tors. He was also studying law under David Cassat. It was Thaddeus Stevens who induced John Evans to take up the study of law. After leaving the academy he spent a short time as a clerk in the mer- cantile establishment of William Ness, of York. He then entered the law office of David Cassat and was admitted to the bar in the year 1822. One of the members of the examining committee was James Bu- chanan, a leader of the Lancaster Bar, who then represented York and Lancaster coun- ties in Congress.


Mr. Evans then entered upon his long and successful career as a lawyer. Meantime he became a frequent correspondent to the local newspapers. In politics he was a Whig and for a time was editor of the "York Republican." After practicing his profes- sion for a period of ten years John L. Mayer became a student-at-law in his office and when the latter was admitted to the bar in 1834, the law firm of Evans and Mayer was formed.


This firm continued until the death of Mr. Mayer in 1874, a long period of forty years. Both the gentlemen, composing this firm, were men of strong mental powers, untiring energy and close application to business. They took part in most of the leading cases brought before the courts of York County, and frequently appeared as attorneys in im- portant cases tried before the Supreme Court of Pennsylvania. Mr. Evans was a diligent student-of-law throughout his en- tire professional career. He possessed a keen intellect, discriminating judgment and was able to present his argument before ception and mental grasp as to command the attention of all who heard him. Few members of the York County Bar, during its entire history of one hundred and fifty years, possessed so broad and comprehen- sive knowledge of the law as Mr. Evans. He was a wise counsellor, an upright and a learned lawyer.


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HISTORY OF YORK COUNTY, PENNSYLVANIA


everything intended to advance the in- remainder of his life was one of the foremost terests of York and promote the pub- theologians of the Reformed Church in this


lic good. For many years he was


President of the York Water Com- pany and while he filled that responsible position always opposed paying high divi- dends to the stockholders, preferring to lower the water rent in order to benefit the consumers. For many years he was a di- rector in the York National Bank and he also served as its solicitor.


Mr. Evans was always deeply interested in farming. In 1852, he was foremost in the effort to organize the York County Agricultural Society which held its first ex- hibition in 1853. He used his best efforts to promote the welfare of this society which had a stimulating effect upon the develop- ment of the farming interests of York County. From 1852 until the time of his death he was president of the society and always showed a zealous interest in its suc- cess.


In personal appearance, Mr. Evans was large of frame, tall and graceful in form and dignified and courtly in his bearing. He died at his home in York, January 30, 1876.


JOHN L. MAYER, for forty years one of the eminent lawyers of Pennsylvania, was born at Shepherdstown, West Virginia, August 5, 1810. Christopher Bartholomew Mayer, his great-grandfather, was born at Carlsruhe, Germany, in 1702, came to America with his wife and four children, and landed at Annapolis, Maryland, in 1752. Soon afterward he moved to Frederick County, Maryland, where he expected to take up lands in that rich agricultural region ; but he died in November, 1752, six months after his arrival in this country. Owing to the death of the father, the family was separated, and George Lewis Mayer, the eldest son, removed to Lancaster, Penn- sylvania. Rev. Lewis Mayer, D. D., a son of George Lewis Mayer, a man of superior intellectual endowments and liberal educa- tion, founded the first Theological Seminary of the Reformed Church in the United States, at Carlisle, in the year 1825. Two years later, the Seminary was removed to York. Dr. Lewis Mayer continued to be president of this institution during the suc- ceeding nine years while it was located in York. He then accepted the pastorate of the First Reformed Church, and during the


country.


In the year 1808, soon after the Rev. Lewis Mayer was married to Catharine Lyne, he removed to Shepherdstown, West Virginia, where he remained for twelve years. While serving as pastor of the Re- formed congregation at that place, his son, John L. Mayer, was born, August 5, 1810. The parents removed to York when the son was eleven years old, and here he obtained his early education, which was continued at Carlisle when his father became the founder of the Reformed Theological Seminary in that town. He returned with his parents to York in 1827, and attended the classical school then connected with the Reformed Theological Seminary. At this period in his life. John L. Mayer displayed intel- lectual endowments of a high order, and soon became proficient in the ancient clas- sics. After a thorough preparation, he entered Yale College in 1830, and was graduated from that institution the follow- ing year.


After his graduation, he came to York and entered the office of John Evans, who already had a large experience in the prac- tice of law before the courts of York County. Mr. Mayer applied himself with great diligence to his legal studies, and before he was admitted to the bar, his keen insight into the technicalities of law was ob- served by his preceptor. He was admitted to the bar of York County on February 20, 1834, and then formed a co-partnership with Mr. Evans. During the succeeding forty years, the firm of Evans & Mayer had as extensive a practice as any law firm in Southern Pennsylvania. Both were men of untiring energy and close application, and appeared in all the important cases tried before the York County courts, and also in many cases in adjoining counties, and in the Supreme Court of the State.


John L. Mayer possessed a mind adapted to the legal profession. He had a large library and was familiar with every volume it contained. His power of analysis and his ability to present an argument to the court and jury, were among his strongest charac- teristics as a lawyer. His citation of au- thorities was voluminous, but it seemed unnecessary for him to cite cases because of


John L. Mayer


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THE BENCH AND THE BAR


that keen analytical power which he pos- search and an exhaustive examination of the sessed of resolving cases into principles, and law, so that when he came before the court, he was prepared to exhaust the law of the subject. His superior intellectual endow- ments and his varied accomplishments made him one of the most profound lawyers in the state, and his eminence was recognized in the higher courts of Pennsylvania, before which he frequently appeared. then leading the mind to the particular point by a line of thought that distinguished his case from all apparent analogies. His legal arguments were noted for their clear- ness of conception and the forceful manner in which he presented them. He clothed his thoughts in terse language, but with such straightforward and definite expres- sion that they could easily be comprehended by any hearer. His mind was abundant with resources, for he studied deeply the fountain of knowledge outside of his pro- fession.


John. L. Mayer died at his residence on West Market Street, York, in August, 1874, at the age of 64. His death at this com- paratively early age was a distinct loss to the community, and especially to the bar and to the courts. He was easily the leader of the bar in this county, as he would have been had his lot been cast elsewhere. He outranked in general and legal learning any of his professional brethren at the bar, many of whom were recognized throughout the State as unusually able and sound law- yers.


The great ability of Mr. Mayer was little known and less understood except by those who had to contend against him in the legal arena. In the first place, as the foundation of his legal abilities, he was possessed of a keen and logical mind, which was improved by most of the opportunities that college training can give. Having acquired diligent habits at college, he pursued his studies with a persistency that was unusual, if not re- markable, to the end of his days. He was a


To the younger members of the Bar, Mr. Mayer was an inspiration and a model. When he tried a case, or made an argument in Court, he had their attendance and atten- master of Greek, Latin, French and Ger- tion. The law as they read it in the books man; he read Italian, and could read the was dry and uninteresting. When they lis- tened to him expound it, the law became interesting and luminous. Scriptures in the original Hebrew. He was trained also in the physical sciences, as he once demonstrated in the trial of a very In the Supreme Court of Pennsylvania, he always commanded the highest degree of attention. That august body is not always attentive to the arguments ad- dressed to it. important case, in which he confounded the experts in chemistry and mineralogy called by his opponents, by his cross-examination, and by a masterly argument before the jury, in which he utterly demolished the theories During Mr. Mayer's long period of prac- tice before it, the judges learned to listen with advantage and delight to what he had to say. of these expert witnesses, and won a splen- did victory for his clients. He was deeply read in the law. He seemed to know the origin and reason of every rule and every In appearance and habit, Mr. Mayer was a typical lawyer of the old school. He was firm, imperturbable and dignified. In his intercourse with his fellow members of the Bar, he was always kind, but it was with a firmness that could not be misunderstood, and with a dignity which admitted of no levity. With him, the practice of his pro- fession was a serious business, and the rights of his clients and his duty to the Court, his highest obligations. maxim of the law, and he applied these rules and maxims in his arguments before the court and in his written briefs with such clearness and force as to apparently leave nothing further to be said. He was not only a general reader of the law-he was a student of his own cases. He kept a series of small memorandum books in which he collected and entered in a brief way all the authorities bearing on every question raised or likely to be raised on the trial or argu- Mr. Mayer was married December 16, 1858, to Julia Lyne. They had seven chil- dren, two of whom are living, Julia, who married Grier Hersh, of York, and Helen Mayer. ment of a case. In these notes, he put down the legal questions involved, and under them the authorities by which they were ruled. These books showed unlimited re-


506


HISTORY OF YORK COUNTY, PENNSYLVANIA


THOMAS CARSON HAMBLY was whom were opposed Edward Chapin, Dan- iel Durkee and John Evans, of the York Bar. The plaintiffs lost the case, the Su- though the law upon which the court below ruled the case was declared to be erroneous. born August 9, 1798, at Christiana Bridge, Newcastle County, Delaware. At the age of six, he moved to Wilmington, where he preme Court affirmed the judgment, al- remained for thirteen years, and was edu- cated at the academy in that city. He re- moved to Pennsylvania and went to Milton, Northumberland County, and there taught in the classical school of which Rev. Kirk- patrick was principal. He studied law with Samuel Hepburn, of Carlisle, and was ad- mitted to practice in January, 1828. He re- moved to York April I, of that year, and was for three years the editor of the York Republican, succeeding Samuel Wagner. When Joseph Ritner was elected governor of Pennsylvania, he appointed James Todd, attorney general, who selected Mr. Hambly deputy for the county of York. At this period an exciting contest arose as to the site of the new court house at York, and he was employed as counsel for the party who favored its present location.


In 1837, Edward Prigg and others came from Harford County, Maryland, and com- mitted an act of kidnapping, in carrying off a negro woman from York, which occa- sioned a correspondence between Thomas Hambly and the Governor of Maryland, and the latter and Governor Ritner. Commis- sioners were sent from the legislature of Maryland and the contest continued until Governor Porter was elected. The legisla- ture of Pennsylvania passed a law authoriz- ing Prigg to appear at the York County Court and surrender himself on his own recognizance. Mr. Hambly tried the case on the part of the Commonwealth and con- victed Prigg. The state of Maryland ap- pealed to the Supreme Court of the United States. The counsel were the attorney general of Maryland, and Mr. Meredith, for Maryland, and the attorney general of Pennsylvania and Mr. Hambly for Pennsyl- vania. The judgment was reversed, the court declaring the law unconstitutional.


Thomas Hambly was the projector of the York and Cumberland Railroad, now the Northern Central Railroad, from York to Harrisburg and procured its charter, and after three years of strenuous effort got the road built, and was its first president. With others he succeeded in establishing the York County Bank. In 1851, he was ten- dered the position of minister to Brazil, but soon after went to California, where he re- mained fourteen years, and then returned to Philadelphia. He spent the last years of his life in Wilmington, Delaware, where he died in 1889. About 1850, Mr. Hambly erected a large residence on East Market Street, which later was owned and ocupied by Robert J. Fisher, president judge of the courts.


WILLIAM C. CHAPMAN was born in Shepherdstown in 1822, and was the son of Andrew Chapman, an intelligent `and prosperous farmer of Cumberland County. After obtaining his preparatory education in the public schools and a classical acad- emy, he entered Lafayette College, at Eas- ton, Pennsylvania, and was graduated from that institution in 1846. He studied law in the office of James McCormick of Harris- burg, and was admitted to practice at York, August 2, 1847. During the early years of his professional career, Mr. Chapman was a diligent and faithful student of the law. He was a constant attendant at court dur- ing the trial of important cases, when the leading members of the bar were contesting about the intricate points of law. Having thoroughly prepared himself for his profes- sion, he soon attained prominence at the York County Bar. In 1856, he was elected District Attorney by the Democratic party and owing to his adaptability to the posi- tion in the rapid transaction of business, he was re-elected in 1859 and served with credit to himself and his profession for an- other term of three years


In 1840, a contest arose in the Presby- terian Church which divided the congrega- tion, and even families, between the old and the new school parties. The church in York became divided. The old school party brought suit for the church property. Mr. Chapman practiced before the courts of York County for thirty-nine years and during the last half of that period, he was Alexander Hayes, president judge of Lan- caster, presided; Thomas Hambly with Cal- vin Mason tried the case for the plaintiff, to identified with a large number of the im-


ThorCochran


5


507


THE BENCH AND THE BAR


portant cases tried before the local courts. He was frequently engaged in the trial of cases before the courts of neighboring coun- ties, the Supreme Court of Pennsylvania and the Federal courts. His marked ability as a lawyer, his zeal for his clients and his untiring industry and energy placed him in the front rank of his profession in Pennsyl- vania .. His persuasive manner, compre- hensive knowledge of the law, clearness of conception and the logical force of his ar- gument made him strong and influential before court and jury. Few lawyers made a more thorough preparation for the trial of cases before the courts than William C. Chapman. These qualifications brought him a large practice which he maintained throughout his professional career. While in the active practice of his profession, he was not only a diligent student of the law, but had a close familiarity with the current literature of the day, as well as the treas- ures of knowledge found in history and the classics.


In 1859, he was married to Tabitha W. Wilson, of Norfolk, Virginia, who died Au- gust 12, 1879. They had five children, two sons and three daughters. Mr. Chapman was a member and regular attendant at St. John's Episcopal Church, which he served as vestryman for more than twenty years. He died at York, June 15, 1886, at the age of 64.


THOMAS E. COCHRAN, a son of Dr. Richard Ellis Cochran and Eliza (Evans) Cochran, was born at Middletown, Dela- ware, March, 23, 1813. In 1824 Dr. Coch- ran moved with his family to Columbia, Lancaster County, Pennsylvania, where he continued to reside in the practice of his profession until the time of his death, in September, 1854, having in the meantime been elected by the people of Lancaster County a delegate to the convention to amend the State Constitution which sat in 1837-38.


Thomas E. Cochran received an academ- ical education and early evinced an inclina- tion for literary pursuits and took a warm interest in political questions. During the spring and summer of 1834 he edited the Columbia Spy, a literary and newspaper of influence and standing. In October, 1834, he changed his residence to York, and be- came the editor and, in connection with his


brother John, the joint publisher of the York Republican, a newspaper which sus- tained the cause of the Whig party and af- terward of the Republican party with inde- fatigable zeal and energy and with great ability.


During his editorial and public career, Mr. Cochran studied law with Charles A. Barnitz, an eminent member of the York Bar, and was admitted to the practice of his profession in December, 1842. Mr. Coch- ran was a sound and able lawyer and suc- cessful advocate. He was a close student of the law, and his arguments, both verbal and written, were distinguished by sound and practical reasoning, clearly and forcibly expressed.


Though devoted to his profession, Mr. Cochran never neglected his duties as a cit- izen. He served the Commonwealth as State senator during the sessions of 1841- 42-43-44; as auditor general from May, 1860, to May, 1863, and as a delegate to the convention which prepared the present con- stitution of the State of Pennsylvania. In this convention he was chairman of the committee on Railroads and Canals which prepared the Seventeenth Article of that constitution. In 1860, 1864 and 1868 he represented his Congressional district in the national convention of the Republican party.


In early life he became a member of St. John's Protestant Episcopal Church at York, and for many years served that parish as a vestryman.


On April 14, 1853, Mr. Cochran was mar- ried to Miss Anna M. Barnitz, of York, Pa., who died January II, 1882.


Mr. Cochran died on May 16, 1882, leav- ing to survive him three daughters, Eliza Evans, Emma Barnitz and Alice Lisle, and one son, Richard E. Cochran, a member of the Bar of York county.


VINCENT K. KEESEY, member of the York County Bar for the long period of fifty-five years, was born at Glatz Ferry in Hellam Township, December, 1822. He re- moved to York in 1841 and entered upon the study of law in the office of Robert J. Fisher, then one of the leaders of the bar in south- ern Pennsylvania. He applied himself dili- gently to his legal studies and was admitted to practice, December 27, 1844. Soon after his admission, he acquired a large and lucra- tive practice which, through faithful and


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HISTORY OF YORK COUNTY, PENNSYLVANIA .


untiring efforts, he maintained with high honor and credit to himself and his clients, for half a century. His knowledge of the law was broad and comprehensive, and his ability and attainments thoroughly fitted him to be a leader in his profession. His learning, industry, sound judgment and con- scientious performance of every duty were recognized and relied upon by the people of his native county, and won for him the merited reward of wealth and reputation.


Mr. Keesey possessed strong mental en- dowments and a clear conception of the principles of law, and was forceful in pre- senting his arguments to court and jury. His skill and training as a lawyer caused a demand for his services in the trial of cases before the courts in adjoining counties, the Federal courts and the Supreme Court of Pennsylvania.


In 1875. Mr. Keesey matured the plans for the organization of the Farmers Na- tional Bank, of which he served as president from the time it was formed until his death, a period of twenty-four years. The bank prospered under his management and soon became a prominent financial institution. He served as a member of the school board of York and was president of the tri-ennial election of school directors who elected the second superintendent of public schools for the county of York. He was also a trustee of the York County Academy for several years. He was a member and regular at- tendant at St. John's Episcopal Church, of which he was a vestryman.


In 1846, Mr. Keesey was married to Susan Koch, daughter of Dr. Francis Koch. a descendant of John Koch, who served as a soldier in Armand's Legion during the War of the Revolution. Mr. Keesey died October 4, 1899, in his seventy-seventh year. His wife died in 1894. They had three chil- dren. Mary. the oldest daughter, married Hon. John V. L. Findlay, a member of the Baltimore Bar, and representative in Con- gress from the State of Maryland. Helen, the second daughter, married William Stair, leading merchant of York. Horace


a Keesey, their only son, is a prominent mem- ber of the York County Bar.


GEORGE W. MCELROY was a native of Lancaster County, received his early edu- cation in the common schools, read law with Colonel Real Frazer, of Lancaster, and was


there admitted in 1846. He subsequently removed to Meadville, Pennsylvania. In 1861, he entered the army and continued in service in various capacities until 1864, when he located at York, was admitted to the bar in December of that year and con- tinued to practice until his death in 1887. From 1883 to 1886 he was district attorney. He was a versatile writer, was for several years editor of the Lancaster "Intelli- gencer," and for years was editorial writer for the "True Democrat" of York. He was of portly form and was one of the best off- hand speakers at the bar.


CHARLES B. WALLACE was born in Chester County, Pennsylvania, and was of English extraction. His father was a farmer and the son was engaged in the same occupation during the years of his youth. He, however, received a good education and for a number of years taught school. He began the study of law with Thaddeus Stevens at Lancaster and completed his course with Judge Daniel Durkee at York. He was admitted to the bar in February, 1849, and was in continuous and successful practice from that time until his death in 1895. Quiet and unobtrusive, he did not figure so prominently as a trial lawyer, but as a counselor, he had a large clientage. He was a financier of ability and had been president of the City Bank to the time of his death.


ERASTUS H. WEISER was born at York in 1826, the second son of Charles Weiser, a prominent banker and business man of York. He received his preparatory education at the York County Academy and Pennsylvania College, at Gettysburg, and then entered Yale University, from which institution he was graduated in the year I849. He then returned to York and en- tered upon the study of law with John G. Campbell, one of the leaders of the local bar. He was admitted to the bar in 1851, and during the succeeding twenty years, had a large and lucrative practice. Mr. Weiser was a man of excellent mind and fine liter- ary training. He was courteous and dig- nified in manner and was popular with all his associates. He served as ruling elder in the First Presbyterian Church of York. He died in 1872. Mr. Weiser was married in 1852 to Annie, daughter of Walter Franklin, and sister of General William B. Franklin,




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