USA > Pennsylvania > York County > History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended > Part 86
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The York Bar Association was organized January 31, 1881. Its objects, as expressed by its constitution, are as follows: (1.) The general supervision of the conduct of mem- bers of the bar, and of all persons connected officially with the administration of the law or in charge of the public records, and in case of any breaches of duty on their part, the institution of such proceedings as may be lawful or proper in respect thereto. (2.) The improvement of the law and its admin- istration; the protection of the bar and of judicial tribunals, their officers and mem- bers, from invasion of their rights, and the maintenance of their proper influence. Stated meetings are to be held on the second Mon day of June and December. The first offi- cers were Thomas E. Cochran, president; John Gibson, vice-president; D. K. Trim- mer, secretary; W. H. Sitler, treasurer; and
James W. Latimer, William C. Chapman, Henry L. Fisher, Levi Maish and John Gib- son, committee of censors. The present offi- cers, elected December 12, 1881, are Will- iam C. Chapman, president; James Kell. vice president; the secretary, treasurer and committee of censors being the same.
DISTRICT ATTORNEYS.
The following is a list of the district attor- neys of York County after the office was made elective:
James E. Buchanan, elected, 1850; Thomas A. Ziegle, appointed, 1851; Richard P. Wil- ton, elected, 1853; William C. Chapman, elected, 1856; John W. Bittenger, elected, 1862; David F. Williams, elected, 1868; Arthur N. Green, elected, 1871; John Black- ford, elected, 1874; John W. Heller, elected, 1877; Edward D. Ziegler, elected, 1880; George W. McElroy, elected, 1883.
Before the election of district attorneys by the people under the act of 1850, the indictments were drawn and prosecutions on behalf of the commonwealth were conducted by deputies appointed for that purpose. The name of the attorney-general of the commonwealth was signed to all indictments. There is therefore no record of these depu- ties in this county. But among them were George A. Barnitz and William H. Kurtz, Esqs., just previous to 1850.
The following list consists of all the attor- neys admitted to practice in the courts of York County since their foundation to the present date. In 1749, a number of attorneys from other counties were present to assist in the opening of the first court, only five of whom are known. Though the admissions were frequent from that time on, yet not until 1755 was an attorney admitted with the inten- tion of practicing here in York. For five years this attorney. Samuel Johnston, was, as has been said, the York bar; now the bar has more than fifty members. Many of the fol- lowing admissions are of those who came here to try a single case or so, and who, of course, were never considered members of the bar. Among these are men of distinc- tion, such as James Buchanan, Thaddeus. Stevens, Molton C. Rogers, Jasper Yates, George Fisher, Daniel Smyser, Frederick M. Watts and Samuel Hepburn. There are. some in the list who practiced here for a while, but now are practicing in other courts or are in office. Those marked with a star are the present members of the bar.
William Peters, John Lawrence, George Ross, David Stout, John Renshaw, 1749; Edward Shippen, John Mather, Jr., April 30,.
*By the schedule to the constitution of 1873, Judge Wickes, by seniority of commission, was made president judge.
-436
HISTORY OF YORK COUNTY.
1751; Samuel Morris, Joseph Galloway, July :30, 1751; Hugh Bay, January 28, 1752; Thomas Olway, William Parr, April 25, 1753; David Henderson, July 29, 1755; Samuel Johnson, October 28, 1755; James Bisset, January 23, 1759; William Atlee, July 24, 1759.
William McClay and James Smith. April 28. 1760 ; Lindsay Coates. January 29, 1765; James Reed, April 30, 1765; Jasper Yates, May 29, 1765; Andrew Allen, Alex Wilcox, Henry Eleves, Richard Peters, Jr., Stephen Porter, James Sayre, July 23, 1765; Robert Gilbraith, William Sweeney, Edward Riddle, October 22, 1765; James Wilson, October 27, 1767; Jacob Moor, Thomas Hood, January 24, 1769; Jacob Rush, Stephen Watte, Col. Caspar Witzall, Christian Hoake, April 25, 1769; Thomas Hartley, July 25, 1769.
John Hubley. July 24, 1770; James Lukens, David Grier, David Espy, April 23, 1771; Andrew Scott, July 23, 1771; Peter Zachariah Loyd, April 28, 1772; Andrew Ross, July 28, 1772; George Ross, Jr., John Reily, Robert Buchanan, July 27, 1773; John Stedman, John McGill, October 26, 1773; Thomas Smith, Charles Stedman, David McMecken, January 25, 1774; Jasper Ewing, October 25, 1774; William Barton, April 25, 1775; James Wilson, Col. Thomas Hartley, January 26, 1779; Maj. John Clark, April 27, 1779; George Noarth, Col. William Bradford, July 27, 1779.
Stephen Chambers, April 24, 1781; James Hamilton, April 24, 1781; Col. Robert Mc- Gaw, July 24, 1781; Stephen Porter, July 23, 1782; Thomas Smith, April 29, 1783; John Lawrence, July 29, 1783; Matthew McAlister, July 29, 1783; John Wilkes Kit- tera, October 28, 1783; James Riddle, Janu- ary 25, 1785; Jacob Hubley, January 25, 1785; Ross Thompson, April 26, 1785; An- drew Dunlap, October 25, 1785; Joseph Hubley, October 25, 1785; James Carson, Jannary 24, 1786; William Montgomery, April 25, 1786; Peter Huffnagle, April 25, 1786; John Joseph Henry, April 25, 1786; John Woods, April 25, 1786; John Caldwell, July 25,1786; James Hopkins, Charles Smith, April 26, 1787; James Campbell, July 29, 1788; George Fisher, July 29, 1788; John Lukens, January 27, 1789; Ralph Bowie, July 28, 1789; Thomas Nisbit, July 29, 1789; John Moore, July 30, 1789; Mat- thias Barton, July 30, 1789.
John Montgomery, April 26, 1790; James Kelley, July 27, 1790; David Waltz, Octo- ber 26, 1790; James Orbison, January 25, 1791; Samuel Riddle, January 26, 1791;
1
John Smith, Jannary 26, 1791; Charles Hall, April 6, 1791; George Smith, April 6, 1791; Matthias Slough, March 7, 1792; David Moore, June 5, 1792; Jacob Carpenter, June 5, 1792; John Ross, June 6, 1792; Samuel Roberts, June 6, 1792; William Barber, March 2, 1793; William Ross, June 3, 1793; Jolın Shippen, December 2, 1793; Charles William Hartley, December 2, 1793; Thomas Elder, December 2, 1793; David Cassat, March 4, 1794; Parker Campbell, June 2, 1794; Sam- uel Scott Gilbraith, June 2, 1794; James Smith, September 7, 1795; Thomas Baily, September 7, 1795; Thomas B. Zantzinger, September 4, 1797; Robert Hays, December 4, 1797; Joseph Miller, March 5, 1798.
Charles Hare, June 5, 1800; Richard Brooks, June 5, 1800; Andrew Buchanan, June 18, 1801; James Dobbins, June 19, 1801; John Strohman, February 19, 1805; John McConaghy, February 18, 1806.
Bushnell Carter, April 3, 1810; Charles A. Barnitz, April 2, 1811; Henry Shippen, November 5, 1811; John Gardner, August 4, 1812; Jasper Slaymaker, October 21, 1814; John Blanchard, March 31, 1815; Samuel Bacon, April 30, 1815; James Merrill. No- vember 3, 1815; Molton C. Rodgers, March 26, 1816; Edward Coleman, March 26, 1816; Samuel Merrill, October 29, 1816; Thaddeus Stevens, November 4, 1816; Edwin A. White, December 17,1816; Daniel Raymond, January 6, 1817; Colin Cooke, April 9, 1817; Isaac Fisher, July 28, 1817; William Gemmill, April 6, 1818; Michael W. Ash, May 12, 1818; William H. Brown, May 11, 1818; John Wright, August 9, 1818.
James Lewis, August 1, 1820; Daniel Dur- kee, P. J., October 30, 1820; William C. Frazer, October 30, 1820; Thomas Kelley, October 31, 1820; Webster Lewis, December 28, 1820; Walter Franklin, Jr., January 2, 1821; Joseph C. Cohen, January 4, 1822; Jacob A. Fisher, March 28, 1822; Charles B. Penrose, July 21, 1822; John Evaus, August 3, 1822; Calvin Mason, August 5, 1822; Henry C. Campbell, August 8, 1822; Charles Worthington, August 28, 1822; George W. Kline, August 29, 1822; John S. Wharton, September 16, 1822; John Bowie, November 4, 1822; Emanuel C. Reigard, November 5, 1822; James Findlay, January 7, 1823; Henry H. Cassat, April 7, 1823; Samuel M. Barnitz, April 7, 1823; Edward Chapin, April 9, 1823; F. M. Wadsworth, April 15, 1823; George W. Harris, August 6, 1823; John Smith, November 3, 1823; James Anderson, November 3, 1823; Richard Porter, February 17, 1824; Xerxes Cushman, July 27, 1824; William C. Carter, August 4, 1824; George
437
BENCH AND BAR.
A. Barnitz, November 16, 1824; Robert S. King, August 1, 1825; William Miller, August 10, 1825; Morgan Ash, May, 9, 1826; James Buchanan, August 21, 1826; David F. Lammot, April 2, 1827; George Heckert, May 14, 1827; William B. Donaldson, No- vember 7, 1827; William H. Kurtz, January 7, 1828; Ellis Lewis, C. J., January 10, 1828; James Kelley, March 3, 1828; Miner T. Leavenworth. August 9, 1828; * Robert J. Fisher, P. J., November 4, 1828; Benjamin Champneys, November 4, 1828; Thomas C. Hambly, April 7, 1829.
Robert M. Lee, August 8, 1832; William W. Haly, September 4, 1832; Ebenezer Mc- Ilvaine, October 15, 1832; Benjamin Rush, January 9, 1833: Daniel M. Smyser, August 7, 1833; John L. Mayer, February 20, 1834; John J. Allen, April 7, 1834; E. P. Brad. ford, April 11, 1834; Albert C. Ramsay, No- vember 3, 1834; James V. Cooper, November 3, 1835; Andrew G. Miller, November 3, 1835; John Williamson, December 28, 1835; Willim R. Morris, January 8, 1836; R. N. Martin, March 29, 1836; George W. Nabb, March 29, 1836; J. H. Carter, May 2, 1836; H. P. Hepburn, May 11, 1836; John G. Campbell, May 17, 1836; Thomas Q. Walsh, October 31, 1836; David G. Barnitz, January 2, 1838; Thomas C. McDowell, January 5, 1838; Frederick E. Baily, January 15, 1838: Moses McLean, February 21, 1838; Herman Alricks, September 19, 1838.
Frederick M. Watts, February 17, 1840; John Shelly, May 13, 1840; William Bond, August 3, 1840; James Vanhorn, August 3, 1840; Jacob S. Stahle, December 8, 1840; James E. Buchanan, May 3, 1841; Theodore H. Cremer, August 3, 1841; Jacob F. Welsh, November 1, 1841; Charles W. Hepburn, April 4, 1842; John W. Magnan, April +, 1842; Benedict D. Potts, April 6, 1842; William Garretson, April 18, 1842; Joseph A. Clay, August 2, 1842; Thomas E. Coch ran, December 6, 1842; James Fox, January 2, 1843; Montgomery P. Shaw, May 2, 1843, Joseph M. Palmer, December 20, 1843; Thomas P. Potts, March 18, 1844; D. Stew- art Elliott, August 6, 1844; John F. Hous- ton, December 17, 1844; * Vincent K. Keesey, December 17, 1844; Henry Y. Slaymaker, March 21, 1845; Michael Gallagher, August 4, 1845; Frederick S. Gossler, August 12, 1845; Robert G. McCreary, August 12, 1845; Franklin Wright, January 5, 1846; Charles Denues, February 5, 1846; Philip Gossler; August 3, 1846; James J. E. Naille, April 8, 1847; #William C. Chapman, August 2, 1847; * Charles B. Wallace, February 14, 1849; William D. Gobrecht, March 3, 1849;
William H. Welsh, November 5, 1849; John A. Hiestand, November 14, 1849; Bartram A. Sheffer, November 16, 1849.
Hugh M. North, April 22, 1850; Nathan L. Atwood, May 28, 1850; Josiah F. Rosen - miller, May 28, 1850; Richard P. Wilton, May 28, 1850; Thomas A. Zeigler, May 28, 1850; David MeConaughy, August 26, 1850; Samuel H. Taggert, January 8, 1851; Coleman Yellott, January 8, 1851; Samuel Hepburn, April 28, 1851; Erastus H. Weiser, June 3, 1851 ;* John Gibson, J., September 30, 1851; Edward Champneys, November 7, 1851; Horace S. Weiser, December 2, 1851; John A. Fisher, February. 23, 1852; T. J. Sloan, August 27, 1852; William L. Schley, Janu- ary, 5, 1853; * Henry L. Fisher, August 22, 1853; John C. Kunkle, August 23, 1853; David Purdy Hays, August 24, 1853: H. Clay Alleman, December 2, 1854; John S. Detwiler, January 1, 1855; James A. Grayson, January 1, 1855; James Raymond, January 3, 1855; Alfred E. Lewis, April 28, 1855; Wilson Reily. Au- gust 27, 1855; J. B. Amweg February 12, 1856; William Galligher, August 25, 1856; John M. Bonham, February 23, 1857; John F. Spangler, February 23, 1857; John H. Fritz, August 28, 1857: Michael F. Mulgrew, January 8, 1858; * Arthur N. Green, January 27, 1858; Oscar K. Harris, April 28, 1858; William Hay, November 1, 1858; William H. Miller, November 4, 1858; Robert L. Muench, November 4, 1858; Joseph W. Fisher, De- cember 9, 1858; Henry W.Spangler, March 15, 1859; Horace Bonham, April 29, 1859; * James W. Latimer, July 5, 1859; * George Fisher, August 22, 1859; Robert Gibson, August 22, 1859; William E. MeLaughlin, August 22, 1859. * David J. Williams, August 22, 1859; Henry W. Bellman, August 26, 1859.
Charles W. Webster, January 2, 1860; David Mumma, April 27, 1860; George S. Latimer, August 27, 1860; Robert McCach. ren, August 30, 1860: * John W. Bittenger, August 31, 1860; O. E. Shannon, October 3, 1860; Samuel Vandersloot, November 7, 1860; J. Sellman Shipley, February 4, 1861; * Si- las H. Forry, May 28, 1861; Hon. Jeremiah S. Black, August 27, 1861; Chauncey F. Black, August 27, 1861; * Martin S. Eichel- berger, November 4, 1861; * James Kell, January 10, 1862; William A. Sponsler, January 28, 1862; Robert Palethorp, March 18, 1862; A. H. Hood, May 2, 1862; James F. Shunk, August 25, 1862; J. Frank Seiss, August 37, 1862; John M. Bailey, August 29, 1862; John W. Johnston, December 15, 1862; James H. Smith, November 30, 1863; Lewis L. McArthur, March 18, 1864; Lewis M. Blackford, April 25, 1864; * Levi Maish,
438
HISTORY OF YORK COUNTY.
August 24, 1864; * James B. Zeigler, August 24, 1864; Archibald T. Patterson, December 13, 1864; * George W. McElroy, December 20, 1864; R. M. Russel, January 3, 1865; Oliver P. Hach, January 30, 1865; Robert D. Norman, January, 30, 1865; * John W. Heller, February 13, 1865; *Pere L. Wickes, P. L. J. May 29, 1866; Henry Black, July 10, 1866; * Hugh W. McCall, August 27, 1866; Leander H. Myers, August 27, 1866; Howard Q. Keyworth, August 30, 1866: A. J. Herr, November 6, 1866; * Ed- ward W. Spangler, March 4, 1867; A. H. Chase, April 11; 1867; * George W. Heiges, April 22, 1867; Aaron May, September 2, 1867; William L. Boyd, January 27, 1868; Michael Gallagher, February 11, 1868; #Hugh H. McClune, March 18, 1868; Franklin M. Sprague, March 18, 1868; J. L. | Himes, June 4, 1868; * Hiram S. McNair, November 4, 1868; * Edward D. Zeigler, No- vember, 4, 1868; James A. Weakley, March 17, 1869; Robert J. Fisher, Jr., June 1, 1869; #Frank Geise, July 13, 1869; E. Key Buch- anan, November, 10, 1869.
Hon. James M. Buchanan, August 22, 1870; John Blackford, August 22, 1870; Ovid F. Johnson, August 23, 1870; James McSherry, April 26, 1871; A. N. Brice, De- cember 14, 1871; * Edward Chapin, August 26, 1872; * Nevin M. Wanner, August 26, 1872; Hon. John D. Stiles, November 19, 1872; *Eli Z. Strine, February 24, 1873; W. J. Shearer, June 3, 1873; D. Bigler Bailey,. August 25, 1873; * W. F. Bay Stewart, Nov- ember 3, 1873; Lyman D. Gilbert, December 9, 1873; W. Scott Campbell, June 2, 1874; W. T. Bishop, June 8, 1874; Rufus W. Apple- | garth, October 19, 1874; * Daniel K. Trim. mer, October 23, 1874; Samuel V. Redifer, October 28, 1874; George Northrop, Decem- ber 1. 1874; William H. Kain, August 21, 1875; H. H. Winter, August 21, 1875; Mor- ris B. Jones, September 30, 1875; * George B. Cole, December 29, 1875; Luther J. Kraber, March 13, 1876; George W. G. Wad- dell, April 13, 1876; John H. Weiss, June 1, 1876; Thomas J. Davis, November 17, 1876; *Horace Keesey, December 13, 1876; * Charles M. Wolf, May 14, 1877; Samuel Hepburn, Jr., July 23, 1877; J. H. Frenauff, Septem- ber 24, 1877; J. W. Simonton, November 23, 1877; * John M. Young, November 23, 1877: *W. H. Sitler, December 12, 1877; Frank H Ward, January 9, 1878; Frank E. Beltz- hoover, January 22, 1878; William S. Kenny, March 30, 1878; Andrew C. Deveney, Sep- tember 16, 1878; * E. D. Bentzel, September 20, 1878; James H. Gable, September 20, 1878; Gen. James L. Reynolds, December 9,
1878; Newton Lefever, April 14, 1879; * Sam- uel C. Frey, June 30, 1879; * Richard E. Cochran, September 15, 1879; * Smyser Wil- liams, September 15, 1879; * George W. Gross, September 26, 1879; Oliver Sidwell, October 14, 1879; C. B. Kauffman, October 17, 1879; * Frank Smyser, October 27, 1879; John H. Shopp, November 17. 1879; W. A. Scott, January 7, 1880; Edward F. Amig, March 8, 1880; * Henry C. Niles, June 14, 1880; * Davis G. Ziegler, August 16, 1880; *Jacob L. Zeigler, September 20, 1880; *Theodore W. Noedel, September 20, 1880.
John L. Long, March 7, 1881; Philip J. Rau, May 26, 1881; Leroy J. Wolf, July 6, 1881; A. F. Bole, July 6, 1881; William Henry Smith, September 5, 1881; John B. McPherson, September 7, 1881; Samuel H. Reynolds, October 19, 1881; * George W. Heck, December 15, 1881; * Alfred S. Niles, December 30, 1881; Edward J. Cox, January 9, 1882; F. Carroll Brewster, January 24, 1882; W. M. Den, March 7, 1882; Henry Newsham, April 24, 1882; B. F. Junkin, May 1, 1882; * George E. Neff, July 13, 1882; Robert Snodgrass, August 28, 1832; Charles F. Haines, August 29, 1882; * William A. Miller, October 7, 1882; Lyman D. Gilbert, October 7, 1882; * N. Sargent Ross, October 24, 1882; Edward Stair, July 9, 1883; Ed- ward Harvey, October 9, 1883; Joseph W. Parker, November 8, 1883; James H. McCon- key, February 28, 1884; J. Frank Snyder, March 26, 1884; * Edwin S. Frey, May 26, 1884; George J. Benner, May 29, 1884: *George S. Schmidt, June 30, 1884; * John F. Kell. July 14, 1884; * William J. Fulton, August 25, 1884; * Joseph R. Strawbridge, August 25, 1884; William Penn Lloyd, August, 1868; David Wills, date unrecorded.
The biographies of the bench and bar have been arranged according to the three classes of president judges, associate judges and at- tornies, and in each class in chronological order. Many who deserve much more than a mere mention are not here, for only a few of the representative men of each class could be- taken.
PRESIDENT JUDGES.
HON. WILLIAM AUGUSTUS ATLEE.
Hon. William Augustus Atlee was born at Philadelphia, July 1, 1735. He moved to Lancaster at a very early age, and was ad- mitted to the Lancaster bar in 1758 and to the York bar the next year, on the 24th of July. Mr. Atlee practised in Lancaster until August 16, 1777, when he was ap- pointed a judge of the Supreme Court of
439
BENCH AND BAR.
Pennsylvania. In 1791, under the new con- stitution, he was appointed president judge of the Second District. The first court held by him in York County was on the 31st of October of that year. In 1739, Judge Atlee contracted the yellow fever in Philadelphia while attending court, and died at his seat near Wright's ferry on the Susquehanna on the 19th of September. He is described "as a prominent citizen and an active and lead- ing Whig during the Revolution." The high positions he held sufficiently indicate his character.
HON. JOHN JOSEPH HENRY.
John Joseph Henry, son of William Henry, Esq., was born at Lancaster, Penn., on November 4, 1758. At the age of four- teen, he became an apprentice to a gun- smith. When the Revolution began Mr. Henry joined the army, being only sixteen years old. At the storming of Quebec he was captured by the British and after a long imprisonment was released. Return- ing to Lancaster, he was confined to his house for two years by an illness occasioned by this imprisonment. Afterward for four years he was clerk in the office of John Hub- ley, prothonotary of Lancaster. In 1785 Mr. Henry was admitted to the bar, having studied with Stephen Chambers, and in December, 1793, was appointed president judge of the Second District to succeed Judge Atlee. Judge Henry, on December 10, 1810, petitioned the legislature to grant him some compensation for his services and suffering during the Revolutionary war. In answer, that body, on April 2, 1811, granted him the sum of $1600. He had the January previous resigned his commission as judge. He died in his native town on April 22, 1811.
HON. WALTER FRANKLIN.
Walter Franklin was born in the city of New York, in February, 1773. His father, having during his minority removed to Philadelphia, he there studied law and was admitted to the bar, in April, 1794. He was appointed attorney-general of Pennsylvania in January, 1809, which office he held until January, 1811, when he was appointed presi- dent judge of the courts of common pleas of the Second Judicial District of Pennsyl- vania, which then comprised the counties of Lancaster, York and Dauphin, to which were afterward added Cumberland and Leb- anon. He continued in this office until his death, which took place in February, 1838. He was distinguished for his eminent integ-
rity and his superior attainments as a jurist, for the clearness of his conceptions and the strength and vigor of his mind. His dignity of manner and uniform correctness of de- portment sprang from religious principle, and he was emphatically, in the highest sense, a Christian gentleman. *
HON. DANIEL DURKEE. ¡
Judge Durkee was of English descent, the family coming to America early in the eigh- teenth century and settling in Windham, Conn. Here his great grandfather, Nathaniel Durkee, was married August 21, 1727, and from there his son, Timothy (Judge Durkee's grandfather), removed to Vermont while that State was yet a wilderness. His mater- nal grandfather, Elisha Rix, also went from Connecticut to Vermont about the same time, both families settling in the valley of White River. In their journey of about two hun- dred miles, they were guided by marked trees. They settled on adjoining farms, granted by the government of New York, then claiming jurisdiction over the territory. The families were united by the marriage of Heman, the eldest son of Timothy Durkee, to Susan, daughter of Elisha Rix. Heman succeeded to the Durkee farm, and both farms have remained in possession of members of the family until recently. Situated in the town- ship of Royalton, they adjoin South Royal- ton, a thriving village and railroad center. Here Daniel Durkee, the subject of this sketch, was born on August 27, 1791. His father's death occurring when he was but a boy, the years of his early manhood were spent in the home and on the farm of his mother. He married April 8, 1813, Mary, daughter of Capt. John Wright, of Norwich, Vt. A few years after his marriage he com- menced the study of law with Judge Jacob Collamer, of Royalton (afterward United States senator from Vermont and postmaster general), and Judge Hutchinson, of Wood- stock, Vt. He was admitted to the bar in Chelsea, Orange Co., Vt., June 12, 1818, and opened an office in Williamstown, in the same county. Desirous of settling in Penn- sylvania, he left Williamstown the following December, and came to Lebanon, Penn., tak- ing an office just vacated by his brother-in- law, John Wright, Esq., who had removed to York. Some months later, illness in his family compelling Mr. Wright to return to New England, Judge Durkee came to York, where he continued to reside until his death.
*This memoir is by his distinguished son, Hon. T. E. Franklin, in Mombert's History of Lancaster County. +By James W. Latimer, Esq.
440
HISTORY OF YORK COUNTY.
At that time, Lebanon was thoroughly Ger- man. So universally was that language spoken there, that there was but one family in the town with whom the Durkee family could communicate in the English tongue, while in York there was a large English ele- ment, though the German was almost univer- sally spoken in the surrounding country. Without any knowledge of that language, he soon became a popular lawyer with the Ger- man population and a successful practition- er. Pennsylvania thenceforth became the State of his adoption. But he was ever loyal to New England and his native home, which continued to be the home of his mother until her death in 1852. It was his "Mecca." He never failed to go there annually (in the thir- ty-six years of his life in Pennsylvania), tak- ing his family or several members of it with him in each alternate year. The New Eng. land festival, "Thanksgiving," was always observed in his home, the appointment of the governor of Vermont being regarded, until in later years it became a national appoint- ment. Judge Durkee was admitted to the bar of York County in 1820. In 1832 he was elected to the legislature. In 1833 he was appointed by Gov. Wolf judge of the district court. In 1835, the district court having been abolished, he was appointed president judge of the nineteenth judicial district, composed of the counties of York and Adams. He held the office for ten years, when, at the expiration of his term, he was succeeded by Judge Irwin. On the resigna- tion of the latter in 1849, Judge Durkee was again appointed to the president judgeship by Gov. Johnson, and held the office until 1851, when, the judgeship having been by a constitutional amendment made elective, Judge Fisher was chosen to succeed him.
He then resumed the practice of his pro- fession, which he continued to the time of his death. He died November 23, 1854, aged sixty-three years and three months. Thus, for nearly half the entire period of his resi- dence in Pennsylvania, Judge Durkee held the office of president judge. On the bench, Judge Durkee was careful and painstaking and showed great discrimination in separating from the mass of less important matters, the real points involved in the cases brought be- fore him. In his charges he was remarkably happy and successful in presenting cases to juries, in enabling them to perform their duties intelligently, and in preventing them from falling into errors. Of eminent sagac- ity, clear perceptions and sound conclusions, he enjoyed during his official career the con- fidence and respect of the bar, and in a great
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