USA > Pennsylvania > Union County > History of that part of the Susquehanna and Juniata valleys, embraced in the counties of Mifflin, Juniata, Perry, Union and Snyder, in the commonwealth of Pennsylvania. V. 1, Pt. 2 > Part 3
USA > Pennsylvania > Mifflin County > History of that part of the Susquehanna and Juniata valleys, embraced in the counties of Mifflin, Juniata, Perry, Union and Snyder, in the commonwealth of Pennsylvania. V. 1, Pt. 2 > Part 3
USA > Pennsylvania > Snyder County > History of that part of the Susquehanna and Juniata valleys, embraced in the counties of Mifflin, Juniata, Perry, Union and Snyder, in the commonwealth of Pennsylvania. V. 1, Pt. 2 > Part 3
USA > Pennsylvania > Perry County > History of that part of the Susquehanna and Juniata valleys, embraced in the counties of Mifflin, Juniata, Perry, Union and Snyder, in the commonwealth of Pennsylvania. V. 1, Pt. 2 > Part 3
USA > Pennsylvania > Juniata County > History of that part of the Susquehanna and Juniata valleys, embraced in the counties of Mifflin, Juniata, Perry, Union and Snyder, in the commonwealth of Pennsylvania. V. 1, Pt. 2 > Part 3
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72
POPULATION OF MIFFLIN COUNTY.
TOWNS. 1790 1800:1810 1820
1830 1810 1850 1860
1870 1880
Armagh
1055
1613
2132
1968
1742
1970
1873
2067
Brown .
903
1015
1069'
1192
1376
Decatur
765
767
990
1216
1171
1.106
Derry
15
2720
1080
1312
1611
1901
2670
Lewistown Bor.
773
1179
2056
2733
2737
3222
Me Veytown Bor.
318
380
511
685
679
Manno.
971
1020
1090
1173
1191
Unton
1891
1767
12221
1281
1168
1117
Wayne
2096
3691
1350
1201
1151
1329
Bratton
702
852
1028
Newton Har
Ion Bor.
353
350
317
X059 12511 15092 11980 10100 17 107 19577
CHAPTER II.
THE BENCH AND BAR OF MIFFLIN COUNTY.
Early Courts -- The Lewistown Riot of 1791 -Biograph- ical Sketches-Rosters of Judges and Attorneys.
SEXCTION I of the act of erection of Millin County, passed September 19, 1789, provided,-
"That the Justices of the Peace commissioned at the time of passing this Act, and residing within the boands and limits of the said county, herein and hereby erected and constituted, shall be Justices of the peace for the said county during the time for which they were so commissioned ; and they, or any three of them, shall and may hold courts of General Quarter Sessions of the Peace. And the Justices of the Common Pleas in like manner commissioned and residing, or any three or more of them, shall and may hold courts of Common Pleas in the said county during the time they were so commissioned ; and the said courts of General Quarter Sessions of the Peace, and of Common Pleas, shall have all and singular the powers and authorities, rights and jurisdictions, to all intents and purposes, which any other Courts of General Quarter Sessions and of the Common Pleas, in any of the other counties of this State may, can or ought to have in their respective counties, and the said courts of Common Pleas shall sit and be held for the said county of Mifflin, on the second Tuesdays in the months of December, March, June and Sep- tember in each year, at the house now oceupied by Arthur Buchannan, until a court-house shall be built, as hereafter directed ; and the courts of Quarter Ses- sions of and for the said county shall open and com- mence on the days next preceding the opening of the said courts of Common Pleas, in each of the said months, in each year, as aforesaid, until the time aforesaid, and then shall sit, and be holden and kept at the said court-honse on the days and times before mentioned."
Section 10 of the act of erection provided,-
"That the Justices of the Supreme Court and of the courts of Oyer and Terminer and General Goal Delivery of this State shall have the like powers, jurisdietions and authorities, within the said county of Mifflin, as by law they are vested with, and enti- tled to have and exercise in other counties of this State ; and they are hereby authorized and empow- ered, from time to time, lo deliver the goal of the said county of capital and other offenders, in the same manner as they are authorized and empowered to do in any other counties of this State."
Under this act the courts of Mifflin County were erected, and the first Court of Common Pleas was held December 8, 1789, at the house -
Granville
1052
1221
1297
Oliver
1907
1008
1355
1386
. .
! The salary of the superintendent in 1852 was $500 ; now it is one thousand dollars.
--
William Wilson, 1876. Samuel B. Wills, 1877. Samuel Mitchell, 1878. Michael C. Bratton, 1879. Robert M. Taylor, 1880. E. C. Kearns, 1881. David Norton, 1882.
William M. Fleming, 1851 Joshua Morrison, 1852. Adam Crissman, 1853. Henry Book, 1854.
461
MIFFLIN COUNTY.
of Arthur Buchanan, with William Brown, Esq., as president, and William Bell, James Burns and William McCoy, Esq., as associate justices. At this court but little business was done, except to organize and admit attorneys to practice in the courts. The first Court of Quarter Sessions was held on the 8th of March, 1790, before William Brown, Esq., and his as- sociate. The first grand jury panel was Wil- liam Smith* (foreman), John Elliot,* Joho Oliver, Esq.,* James Harrill, John Culbertson# (fuller), Robert Taylor, John Culbertson* (farmer), Joseph Mcclellan,* Captain William Wilson,* Jolm Watson,* Henry Bernthe- isel,* Jolin Hardy,* John Wilson (dis- tiller), William Purdy, Andrew Nelson, Wil- liam Walker, William Harris, William Work, James Banks, Thomas Gallagher, William Hardy, John Burns, Samuel Holliday and Robert Means .*
The courts of this county were conducted in this manner and under this jurisdiction until December, 1791.
At the last term of court under this jurisdic- tion (September, 1791) an incident occurred which nearly resulted in a riot. As near as can be ascertained at this late day, the causes that brought about the disturbance are as follows : Samuel Bryson, a resident of what is now Mif- flintown, was for several years a county lieu- tenant, and while acting in that capacity re- fused to commission two colonels who had been elceted by their respective regiments. This so incensed the members of the regiment and their friends also, that when Mr. Bryson received the appointment of associate justice they were in- dignant, and determined he should not act in that capacity. The following letter written by John Clarke, deputy State's attorney, to Judge Thomas Smith, who was soon after appointed judge of the Fourth Judicial District, gives the facts as they occurred :
" Sir,-On Monday, the 12th of September, 1791, the Hon. William Brown, Samuel Bryson and James Armstrong, Esquires, met in the forenoon in order to
Nork .-- Those marked thns (*) were present and sworn iu, and on account of others being absent, Moses Thomp- son, William Robinson and James Alexander were taken from the bystanders and sworn in to fill the panel.
open the Court and proceed to business ; but Thomas Beale, Esquire, one of the Associate Judges, not hay- ing arrived, their Honours waited until three o'clock in the afternoon, at which time he arrived, and was requested to proceed with them and the officers of the Court to the Court-Honse; he declined going, and the procession moved on to the Court-House, where the judge's commissions were read, the Court opened, and the officers and the Attorneys of the Court sworn in, and the Court adjourned till ten o'clock next morning.
"About nine o'clock, while preparing business to lay before the Grand Jury, I received information that a large body of men were assembled below the Long Narrows, at David Jordan's tavern, on the Ju- niata, and were armed with guns, swords and pistols, with an avowed intention to proceed to Lewistown and seize Judge Bryson on the bench, and drag him from his seat, and march him off before them, and otherwise ill-treat him. This information was in- stantly communicated to Messrs. Brown, Bryson and Armstrong, the Judges, who agreed with me that Samuel Edmiston, Esq., the Prothonotary, Judge Beale, - Stewart, Esq., William Bell, Esq., should, with George Wilson, Esq., the Sheriff of Mifflin County, proceed and meet the rioters; and the Sheriff was commanded to enquire of them their ob- ject and intention, and if hostile, to order them to disperse, and tell them the Court was alarmed at their proceedings.
" Two hours after this the Court opened, and a Grand Jury was impanelled. A fife was heard playing, and some guns fired, and immediately the mob appeared, marching towards the Court-House, with three men on horseback in front, having the gentlemen that had been sent to meet them under guard in the rear; all of whom, on their arrival at Lewistown, they permitted to go at large, except the Sheriff, whom four of them kept a guard over. The Court ordered me, as the representative of the Com- monwealth, to go and meet them, remonstrate against their proceedings, and warn them of their danger ; which order was obeyed, but all endeavours were in vain, the mob crying out, 'March on ! March on! Draw your Sword on him ! Draw your Sword on him ! Ride over him !' I seized the reins of the bridle that the principal commander held, viz., - Wilson, Esq., brother of the Sheriff aforesaid, who was well mounted and well dressed, with a sword, and, I think, two pistols belted round him, a cocked hat, and one or two feathers in it. He said he would not desist, but at all events proceed, and take Judge Bryson off the bench, and march him down the Narrows to the Judge's farm, and make him sign a written paper that he would never sit there asa Judge again.
" The mob still crying out ' March on !' he drew his sword and told me he must hurt me unless I would let go the reins. The crowd pushed forward and
462
JUNIATA AND SUSQUEHANNA VALLEYS IN PENNSYLVANIA.
nearly pressed me down; one of them, as I learned afterwards, a nephew of Judge Beale, presented his pistol at my breast with a full determination to shoot me. I let the reins go and walked before them until I arrived at the stairs on the outside of the Court- House, when Judge Armstrong met me and said, ' Since nothing else will do, let us defend the stairs.' We instantly ascended, and Mr. Hamilton and the gentlemen of the bar and many citizens; and the rioters, headed by William Wilson, Colonel Walker and Colonel Holt, came forward, and the gen- eral ery was, ' March on, damn you ; proceed and take him!' Judge Armstrong replied, 'You danm'd rascals, come on! we will defend the Court our- selves, and before you shall take Judge Bryson you shall kill me and many others, which seems to be your intention and which you may do.' At this awful moment one Holt seized Judge Armstrong by the arm with the intent to pull him down the stairs, but he extricated himself. Holt's brother then got a drawn sword and put it into his hands and damned him to run the rascal through ; and Wilson drew his sword on me with great rage, and young Beale his sword, and cocked his pistol and presented it. I told them they might kill me, but the Judge they could not, nor should they take him ; and the words " Fire away!' were shouted through the mob. I put my hand on his shoulder and begged him to consider where he was, who I was, and reflect but for a moment. I told him to withdraw the men and appoint any two or three of the most respectable of his people to meet me in half an hour and try to settle the dispute. He agreed, and, with difficulty, got them away from the Court- House. Mr. Hamilton then went with me to Mr. Alexander's tavern, and in Wilson and Walker came, and also Sterrett, whom I soon discovered to be their chief counsellor.
"Proposals were made by me that they should re- turn home, offer no insult to Judge Bryson or the Court, and prefer to the Governour a decent petition, stating their grievances, if they bad any, that might be laid before the Legislature ; and that, in the mean time, the Judge should not sit on the bench of this Court. They seemed agreed and our mutual honour to be pledged ; but Sterrett, who pretended not to be concerned, stated that great delay would take place, that injuries had been received which demanded in- stant redress, and objected to the power of the Gover- nour as to certain points proposed. At this point young Beale and Holt came up (the former with arms) and insisted on Wilson's joining them, and broke up the conference. 1 followed, and on the field among the rioters told Wilson, 'Your object is that Judge Bryson leave the bench and not sit on it this court?' He and Walker said ' Yes.' 'Will you promise to disperse and go home and offer him no in- sult?' Ile said 'Yes,' and our mutual honour was then pledged for the performance of the agreement.
" Mr. Hamilton proceeded to the Court, told the
Judge, and he left his seat and retired. I scarce had arrived until the fife began to play, and the whole of the rioters came on to the Court-Ilouse, then headed by Wilson. I met them at the foot of the stairs and told them the Judge was gone, in pursuance of the agree- ment, and charged them with a breach of the word and forfeiture of honour, and Walker said it was so, but he could not prevail on them. Wilson said he would have the Judge and attempted going np-stairs. I prevented him, and told him he should not unless he took off his military accoutrements. He said he had an address to present and complied with my re- quest, and presented it, signed ' The People.' Young Beale, at the moment I was contending with Wilson, cocked and presented his pistol at my breast, and in- sisted that Wilson and all of them should go, but on my offering to decide it by combat with him, he de- clined it, and by this means they went off swearing and said that they were ont-generaled.
" The next day Colonel MeFarland, with his regi- ment, came down and offered to defend the Court, and addressed it; the Court answered, and stated that there was no occasion, and thanked him.
"Judge Bryson read a paper, stating the ill treat- ment he received, and mentioned that no fear of dan- ger prevented him from taking, and keeping, his seat; but that he understood that an engagement had been entered into by his friends that he should not, and on that account only he was prevented. The Court ad- journed until two o'clock that day, and were proceed- ing to open it with the Sheriff to wait on him and request him to walk with them ; he returned and said the Judge would not walk or sit with Bryson, and addressed Judge Bryson with warmth, who replied in a becoming manner. The Sheriff struck at him and kicked also. Judge Armstrong seized the Sheriff, and commanded the peace and took the Sheriff's rod from him; the Coroner took his place, and the Sheriff was brought up before the Court. I moved he might be committed to Gaol and his mittimus wrote and signed and the Court ordered the Coroner and gaoler to take him, and he submitted. The Court ad- journed. After night the drumbeat and Holt col- lected about seventy men, who repeatedly huzzaed, crying out 'Liberty or Death!' and he ordered to rescue the Sheriff, but the Sheriff refused.
"At ten o'clock at night I was informed expresses were sent down the Narrows to collect men to res- cue the Sheriff, and Major Edmiston informed me he was sorry for his conduct and offered to beg the Court's pardon, and to enter into recognizance. I communicated this to the Judges, Brown and Arm- strong, and requested they would write to the gaoler to permit him to come down ; they did, and the sher- iff came with Major Edmiston, begged pardon of every member of the Court and JJudge Bryson (who was not present), and entered into recognizances to appear at the next sessions.
" The next day near three hundred men were as-
463
MIFFLIN COUNTY.
sembled below the Narrows, and I prevailed on some gentlemen to go down and disperse them ; and upon being assured the Sheriff was out of Gaol, they re- turned to their respective homes, and the Court have finished all business; nothing further requiring the attendance of the Grand Jury, the Court dis- missed them and broke up. I must not omit to in- form you that Judge Beale had declared daring the riot in Court, that he would not sit on the bench with Jialge Bryson, and that both him and said Stewart appeared to countenance the rioters, and are deeply concerned.
" I must now close the narrative with saying that, owing to the spirit and firmness of Judge Armstrong and the whole of the bar, I was enabled to avert the dreadful blow aimed at Judge Bryson, and to keep order and subordination in Court, and unless the most vigorous measures are exerted soon, it will be impos- sible ever to support the laws of the State in that country, or to punish those who dare transgress.
"The excise law is excerated by the banditti, and from every information I expect the collection of the revenue will be opposed. I am happy to add the dispute which originated by a mistake between Huntingdon and Mifflin Connties is happily closed in the most amicable manner, without any prosecution in Mitllin. I am, Sir, your most obedient,
"JOHN CLARKE, Dy. St. Attorney."
An act of the Legislature was passed April 13, 1791, by which the State of Pennsylvania was divided into five judicial districts, of which the Fourth District consisted of the counties of Cum- berland, Franklin, Bedford, Huntingdon and Mifflin. Upon the erection of Union County, in 1813, it became attached to Mifflin, and when the State was redistricted by the act of April 14, 1834, Mifflin and Union Counties became the Twentieth District. Snyder County was at- tached upon its erection, in 1855, and the dis- triet remained the same in the act redistrieting the State April 9, 1874.
The act of 1791 provided that in each of these districts " a person of knowledge and integrity, skilled in the laws, shall be appointed and com- missioned by the Governor to be president and judge of the Court of Common Pleas within each district or circuit, and that a number of other proper persons, not fewer than three nor more than four, shall be appointed and commissioned judges of the Courts of Common Pleas in and for each and every of the connties of this common- wealth, which said presidents and judges shall, after the said thirty-first day of August next,
respectively have and execute all and singular the powers, jurisdictions and authorities of judges of the Courts of Common Pleas, judges of the Courts of Oyer and Terminer and Grand Goal- delivery, judges of the Orphans' Courts and jus- lives of the Courts of Quarter Sessions, agreeably to the laws and constitution of this connon- wealth."
Under the act of AApril, 1791, Thomas Smith was appointed president judge of the Fourth Judicial District and held the first court at Lew- istown in December, 1791, with William Brown, Sammel Bryson, James Armstrong and Thomas Beale as associate judges.
The following judges have at different times presided over the courts of the district now un- der consideration :
WILLIAM BROWN was commissioned Novem- ber 14, 1789. At that time the president judge was the senior justice of the peace. It was not until 1791 that president law judges were ap- pointed, when THOMAS SMITH became the first, August 20, 1791. On the 20th of August, 1795, JAMES RIDDLE was appointed and served until March 1, 1806. His successor was JONATHAN WALKER, of Bedford. Judge Jonathan Walker was born near Hogestown, Cumberland County, and when still quite a lad served in the army of the Revolution. He graduated at Carlisle September 26, 1787, studied law and in 1791 established himself in its practice in the town of' Northumberland. In April, 1806, he was appointed president judge of the Fourth Dis- triet, then Mifflin, Centre and Huntingdon, and removed to Bellefonte. Ile retired in July, 1818, and was succeeded by the Hon. Charles Inston. Judge Walker was the first judge of the United States Court for the Western Dis- triet of Pennsylvania, which was erceted by aet of Congress April 20, 1818. He died in Jann- ary, 1824, while on a visit to his son at Natchez, Mississippi. Robert J. Walker, United States Senator from Mississippi 1830, Secretary of Treasury of United States 1845, was a son of Judge Walker, who was born at Northumber- land July 19, 1801.
HION. CHARLES HUSTON was born of Scotch- Irish parents in Phunstead township, Bucks County, January 16, 1771. He was educated
-
464
JUNIATA AND SUSQUEHANNA VALLEYS IN PENNSYLVANIA.
at Dickinson College, Carlisle, where he gradu- ated in 1789. During the years 1790-91 he taught a select school in Carlisle and studied law with Thomas Duncan, Esq. He was ad- mitted to the bar in August, 1795, and soon after removed to Williamsport, Lycoming Coun- ty having just been erected. In 1807 he re- moved to Bellefonte and began practice. On the 22d of August, 1818, he was appointed president judge of the Fourth District, which office he held until his appointment, in April, 1826, as one of the judges of the Supreme Court of the State, which last position he held until the expiration of his term, in 1845. Judge Walker, in his farewell address to the people of the Fourth Judicial District, July 24, 1818, said of Mr. Huston, his successor, " He is known to be a man of plain manners, integrity, learning, sound understanding, deep legal research and natural eloquence." Judge Huston's opinions are found in thirty-five volumes of reports. In the latter years of his life he compiled a work on " The History and Nature of Original Titles to Land in the Province and State of Pennsyl- vania," and completed the same a short time before his death, which occurred November 10, 1849.
HON. THOMAS BURNSIDE was born in the county of Tyrone, Ireland, July 28, 1782. In 1792 he came with his father to Montgomery Co., Pa. In November, 1800, he began the study of law with the Hon. Robert Paxter, of Phila- delphia, and was admitted to the bar February 13, 1804. He settled at once in Bellefonte. In 1811 he was elected to the State Senate and was an active supporter of Governor Snyder in all the war measures of 1812. In 1815 he was elected to Congress and served during the mem- orable session of 1816. In the summer of the last-named year he was appointed president judge of the Luzerne District. This position he resigned in 1818 and resumed practice of the law at Bellefonte. In 1823 he was again elected to the State Seuate, of which body he was chosen Speaker. Upon the appointment of the Hon. Charles Huston (then president judge of the Fourth District) to be one of the justices of the Supreme Court of the State, Mr. Burnside was appointed, AApril 20, 1826, to succeed Judge
Huston. Judge Burnside held this office until 1841, when he was appointed president judge of the Seventh Judicial District (Bucks and Mont- gomery). On the Ist of January, 1845, he was commissioned one of the justices of the Supreme Court of Pennsylvania, which position he filled till his death, March 25, 1851.
GEORGE W. WOODWARD was appointed pres- dent judge of the Fourth Judicial District in March, 1811, and served mutil 1842, when he was succeeded by Abraham S. Wilson, On May 8, 1852, Mr. Woodward was commissioned an associate justice in the Supreme Court of the State, to fill the vacancy caused by the death of the Hon. Richard Coulter. In the fall of that year Judge Woodward was elected for fifteen years, which period elapsed December 2, 1867.
HON. ABRAHAM SCOTT WILSON died at Lewistown, Pa., December 19, 1864, aged six- ty-four years. He was born in Chillisquaque township, Northumberland County, and was the youngest son of General William Wilson, who then owned the flouring-mill at the mouth of Chillisquaque Creek.
General Wilson emigrated from Ireland be- fore the Revolution, settled at Northumberland, and June 25, 1775, went as third lieutenant of Colonel Thompson's regiment to Boston. Ile became captain, March 2, 1777, in the First Pennsylvania, and served during the war, be- ing mustered out November 3, 1783. He married Mary, daughter of Captain Abraham Scott (who resided on Packer's Island and died there in August, 1798), and was commissioned associate judge of Northumberland County January 13, 1792, which office he held until his death, in 1818. He was appointed brigadier- general in the provisional army of 1798. His eldest son, S. Hunter Wilson, was associate judge of Centre County, and died while in of- fice at the Old Fort, Centre Co., July 22, 1841.
Abraham S. Wilson passed his boyhood at Chillisquaque Mills, received his academie edu- cation at the old academy in Northumberland, and read law with Hon. W. W. Potter, at Bellefonte, where he was admitted to the bar in November, 1821. He then removed to Lewis- town and settled down in the practice of his profession at that place.
465
MIFFLIN COUNTY.
He was married, December 12, 1839, to Har- riet, daughter of John Norris, cashier of the Old Centre Bank, at Bellefonte. He repre- sented Union, Juniata and Mifflin Counties in the Legislature of' 18.10, and March 30, 1812, was commissioned president judge of the Twen- tieth Judicial District, composed of the counties of Huntingdon, Mifflin and Union, which was formed by the act of March 21, 1812. In 1851 he was elected president judge of the district composed of Mifflin and Union Counties.
A short time prior to the expiration of his term he had a stroke of paralysis, which inea- pacitated him from writing, but his intellect re- mained clear always, and by the aid of an amanuensis he was enabled to serve ont his term. He was eminently a just and upright judge, and his decisions, always carefully con- sidered and made, almost invariably passed the ordeal of review in the Supreme Court without revision.
Judge Wilson was an exceedingly kind- hearted man, possessing an even temperament ; socially inelined, he had a vast fund of anee- dote and fine conversational powers. Appar- ently easy-going, he was an industrious stu- dent, devoting the early morning hours to research and reading, preparing himself for judicial duty while others slept. Mrs. Wilson died at leadville, Col., December 26, 1879, ut the home of their only child, Mary, wife of Mr. Frank Ballon.
SAMUEL S. WOODS was born in Mifflin County, Pa., a few miles above Me Veytown, September 8, 1820. He was the second son of Rev. James S. Woods, D.D., and a grandson of Dr. John Witherspoon, one of the signers of the Declaration of Independence, his mother being the youngest daughter of Dr. Wither- spoon, Judge Woods received his academic education at the Lewistown Academy and graduated at Jefferson College, at Cannonsburg, Pa., in the year 1839. After he graduated he taught a classical school in Eastern Virginia for one year. He then commenced the study of law in Carlisle, Pa., in the law school of Judge John Reed, and was admitted to the bar nt that place in the spring of 1842. He lo- cated at Lewistown, Mifflin County, Pa., where
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