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. 2, Pt. 1 > 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. 2, Pt. 1 > 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. 2, Pt. 1 > Part 3
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. 2, Pt. 1 > 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. 2, Pt. 1 > Part 3
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carora and other mountains apparently reached over into the Schuylkill region, they must be coal-bearing, and hence these mountains, about 1796, were covered with warrants and surveys even before valley lands were taken up. This explains why land which was nufit for agricul- tural purposes, and the timber without any market value, and located where a bald eagle could scarcely secure a foot-hold, was taken up, paid for, patented and held as a rich heritage for the descendants of the warrantces-while, in fact, the chances of finding coal were no greater than the discovery of the philosopher's stone. It could not exist in this formation, because more than two miles below the coal incasures. Still, owners of warrants fought about over-lap- ping surveys and conflicting lines with as much spirit as if acres of diamonds were at stake. And the lawyers knew no better either, and hence they fought these barren battles with such zealand skill that it resulted in building up a land system in Pennsylvania which, when un- derstood, is perfectly harmonions in all its parts. It was natural, then, that the old veterans of the Cumberland bar should appear on the new battle-field of Perry, and for a time lead in the young, as they had done in the old county.
But as lawyers, however able, do not live forever, young blood was very soon infused into the mass, and we find that John D. Creigh and M. Wadsworth were admitted in 1820. Alex - ander Mahon, a man of great oratorical power, William McClure, George A. Lyon, AAlexander A. Anderson, John Williamson, Samuel Riddle, Charles B. Penrose came over from Cumber- land and were admitted in 1821. Then An- drew G. Miller, Robert Wilson, Thomas Me- Donald, Baldwin Campbell and Samuel Douglas were admitted in 1822 and 1883. Up to this point we can find no one who recollects these men as lawyers, and hence we can give no de- tails of their ability and characters ; but in 1824 there came to the front men whom we knew by sight, and some intimately, and heard most of them in trials and discussions and controversies at the bar. Frederick Watts heads the list of able and successful advocates, and we remember with pleasure his admirable method of address- ing a jury. When we first came to the bar, and
! By Hon. B. F. Junkin.
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indeed always, it was a treat to listen to his pleading, and we never lost one word he ut- tered, for'no one moved or spoke or withdrew attention until he closed. Also about this time came Samuel Alexander, a logical reasoner, and, with thorough knowledge of the law, stood pre- eminent for learning and skill in his profession, and withal a genial and witty companion, a musician and scientist, and could tell a story 80 well that even in a theatre, groups would forget the play to hear his humor. In 1825 came Benjamin MeIntyre, who practiced until nearly the end of his life, dying in 1882, in Perry. In the same year came Richard P. Creigh, E. B. Leonard and William D. Ramsey, but these did not follow their profession steadily.
In 1827 and 1828 came William Ayres, Charles B. Power, Charles McClure, Hugh Gallaher, N. Smith and Moses McClain ; but these were only engaged in special cases, and, except Charles B. Power, lived out of the county. Andrew Carothers, of Carlisle, also practiced in this county, and was the first law- yer the writer ever heard addressing a jury (say in 1835), and, being a cripple, he sat in a chair while so doing-and it was an ejectment case. In 1829 John R. MeClintoek was admitted to the bar, and practiced while he lived, up to 1874. About 1840 Joseph Casey settled in this county, and, although quite successful, left the county in 1845 and removed to Union County, was elected to Congress, became State reporter, and, finally, one of the judges of the Court of Claims, at Washington City, where he died.
James Macfarlane located in Perry about 1842, and was a successful practitioner ; but, having married a lady of Towanda, Bradford County, he removed to that place in 1851, where, whilst still practicing his profession, he turned his attention to geology, and especially coal, and wrote the article on " Coal Forma- tions " for Appleton's Cyclopedia, which gave him a wide-spread reputation. He died in 1885.
Of the members of the bar now living and in active practice little need be said, as they are well known to the general public; but we may say, however, that, as our experience covers forty years of active practice, and being now, perhaps, the only member who heard the old giants in
the days of yore try causes, and having wit- nessed many of their best efforts in the legal forum, it is only just that we should express what we sincerely believe, namely, that causes are tried to-day more closely, and with quite as much legal ability; so that the present bar of Perry suffers nothing by the lapse of years.
Besides, the infusion of equity jurisdiction into the common law-powers of the court, has so modified the practice that, were the old law- yers of sixty years ago raised from the dead, they would find themselves compelled to consult text-books which did not exist in their day.
Again, with the march of improvement, the in- ercase of bodies corporate and the special and unique principles of law applicable to swift-mov- ing trains propelled by steam (defining the duties of both the company and the public), a wide field is opened with which the old lawyers were not fa- miliar. Hundreds of decisions have sprung out of the act of 1869 and its supplements, allowing what the common law forbids-parties to testify in their own behalf. Thus, whilst we adhere in a general sense to the principles and maxims of the common law, the changes by statute have been such, within the last forty years, that law- yers of a former period, however great their ae- quirements for that day, would, if suddenly called to act, see things but darkly. To the writer, himself, having been educated in the transition or chrysalis stage of the new era, the innnediate past looks quite hoary.
THE BENCH.
We must go back a century of years, when there was born among the palisades of rock on the banks of Sherman's Creek, distant about six miles from the county-seat of Perry, John Bannister Gibson, whose boyhood was passed amid the timbered and leafy hills surrounding his moth- er's mansion, the location wild and inspiring, with scenic exhibitions and material grandenr. How these wonders of nature impressed his youthful mind, as he grew into thoughtfulness, we know not, but we are willing to believe that the solid hills and massive rocks so constantly in his vision had much to do with the formation of a mind which, in after-years, became as solid as the surroundings of his youth. He was made a
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judge of the Supreme Court of Pennsylvania on 27th June, 1816, taking the place of Ingh II. Brackenridge, who died the day before, indica- ting that Governor Suyder had no difficulty in selecting Gibson as the successor of the deceased Brackenridge. Gibson was at the time a presi- dent judge of a Common Pleas district in the re- gion of Lycoming County. The first opinion delivered by him as a supreme judge is found in Sergeant & Rawle's Reports, page 308, being the Commonwealth vs. Halloway, whereby it was determined that " birth in Pennsylvania gave freedom to the child of a slave who had abscon- ded from another State before she became preg- nant." Gibson J., said,-
" The case of the relator is embraced by the letter of the third section, and certainly does not fall within any of the exceptions of the tenth section of the act of March 1, 1780. By the provisions of either she is indisputably free. It is not for us to conjecture what provision would have been made if the present case had presented itself to the consideration of the Legislature. An attempt to supply what this court might consider deficient would be an assumption of legislative authority. But the 10th section effectually guards against all construction, unfavorable to the class of persons intended to be benefited. If even an equitable construction in favor of the master was not precluded, I am far from being satisfied that the present case would be proper for its exercise. The support of the relator has caused him neither trouble nor expense. He was, it is true, deprived of the ser - vices of the mother from the time she absconded. But this did not happen in consequence of any act of the relator, and gives him no claim on her. Whether his case is to be considered a hard one or not, it will depend much on the temper with which the mind may contemplate the positive and artificial rights of the master over the mother on the one, and on the other, the natural rights of her child."
Thus, as he started in 1816, his opinions for over thirty-six years (1853), when he died, are models of perspicuity, sententiousness and acen- rate diction. The last opinion delivered by Judge Gibson (he had ceased to be chief justice in 1851) was filed 6th January, 1853, in the case of Beatty rs. Wray, reported in 7th Harris, page 517, determining " that a surviving part- ner is not entitled to compensation for winding up the partnership business," and after that his voice was heard no more. In his last opinion he said,-" At the formation of a partnership,
its dissolution by death is rarely contemplated. Itisan unwelcome subject, for no man who enters on a speculation can bear to think he may not live to finish it," and whoever will read that last opinion and shut his eyes to the date of its deliv- ery, will not be able to distinguish his clear and vigorous language, citations of authorities and surprising grasp of the questions involved from one of his famous efforts twenty years before. There was that about Gibson's opinions which cannot be described. Whilst he entered learnedly into the question, with amplifications, his language was so terse, his words so few, the structure of his sentences so harmonious, so re- plete with elegance of diction, that the conchi- sion was reached, the point decided and the judgment convinced ere the charm was broken. He described a negotiable note in four words, " a courier without luggage." If we of Perry are proud of his achievements and wonderful powers, other places have not withhekl their admiration. As a jurist, he had a world-wide renown, wherever his language is spoken. About 1850 James X. McLanahan, then representing this district in Congress, and the writer, ramb- ling through Harrisburg, found, at eleven o'clock at night, Judge Gibson sitting in Herr's Hotel, sipping, according to enstom, his whiskey, when MeLanahan said, "Judge, I have just returned from Enrope, and I was in the court of West- minster, where the twelve judges of England sat on the hearing of a canse, and I heard paid you a compliment." "Ah !" said Gibson, " what was that ?" " Well," said MeLanahan, " a law- yer was reading an opinion to the court without stating whose it was, when the chief justice re- marked, 'that is an opinion by Chief Justice Gibson, of Pennsylvania.' The lawyer said 'yes.' ' Ah,' said the chief justice, 'his opinions have great weight with this conrt.'" A tear stole down the chief's check and he replied, " 1 prophet is not without honor, save in his own country." It was difficult to tell when he read, and how he obtained his legal learning. But we have seen him consulting books in the State Library very often, and we remember him on one occasion saying, after closing a law-book, that a man who loaned money without taking a mortgage was deemed to trust the personal re-
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sponsibility of the debtor alone, and shortly after the court so held in Read's Appeal, 1 Harris, 479. This was in 1850. Until 1826 the Supreme Court consisted of three judges, but in that year it was increased to five, and Chief Justice Tilghman dying in 1827, Gibson was appointed chief. Under the amend- ment to the Constitution, judges were elected in 1851, when, under the law, the five supreme judges elected in a body drew ents; the one drawing the shortest term (three years) was to be chief justice, and the one drawing six years to succeed the retiring chief. Gibson drew six years, and, had he lived, would, in 1854, again have become chief justice.
As to his personal appearance, he was power- ful, tall, broad-shouldered, with a large, long head and florid complexion ; but his portrait, which hangs in the Supreme Court-room now in Phila- delphia, is not recognizable, having, in fact, more the look and expression of a driver of a broad- wheel wagon in the days when a six-horse team drew eighty hundred with a wheel locked, over the pike from Philadelphia to Pittsburgh. It should be removed and a correct likeness substituted, so that all who have seen him fill the old leather-backed chief justice's chair would know whose face is intended. He was a connoisseur in music and painting, and him- self a fine performer on the violin. When Ole Bull played in Philadelphia, Gibson went to hear him, and took with him another supreme judge not so skilled in music, and while Bull held hisaudience spell-bound by his marvelous execu- tion and exquisite touches, the non-innsical judge tapped Gibson on the shoulder, saying, "Tut, tut, let us go home; that fool will never get done tuning his fiddle." " Why," said Gibson, "you nnenltivated heathen, that's the most en- chanting music I ever heard !" Much more occurs to the writer, but as space is limited, we mist close.
In the courts of Perry, Judge Reed presided until 1838, when the life-tenure of the office was changed to an appointive term of ten years. Ile was a learned jurist, a pleasant and amiable gentleman, full of genial sunshine, social and entertaining in disposition. After leaving the bench he practiced for more than ten years in
his old judicial district, and died about 1850. Judge Reed was succeeded by Judge Hepburn, who presided for ten years, and was remarkable for his ready perception of the questions in- volved in a case, and his application of the law to the facts. Although quite a young man when appointed judge, in 1838, and withont large ex- perience at the bar, he was rapid, acenrate and clear in the trial of causes, and his career as a judge was highly creditable to himself and satisfactory to the people of the district. He still lives, and carries his many years as if they were only so many months, and addresses a court with as much vigor and clearness as he did thirty years ago.
Judge Hepburn was succeeded, in 1849, by Judge Watts, who was appointed by Governor Johnson for the term of ten years, but under the amended Constitution, judges were made elective by the people in 1851, so that Judge Watts' term was cut off on the first Monday in December, 1851, when Judge Graham succeeded him. We have already spoken of Judge Watts as a lawyer of great practical ability, and as a judge he maintained his reputation as an acem'- ate, prompt and efficient jurist. He was a man without fear, and expressed his convictions without regard to consequences ; what he be- lieved he said, and what he believed was gen- orally right, and he, more than any judge who ever sat on this bench, was less careful to con- ceal his own convictions as to what the verdict of a jury ought to be. He still lives at his home in Carlisle.
Under the elective system Judge Graham came upon the bench in 1851, and his election more than fully vindicated the theory of an elective judiciary (up to 1851 judges were appointed by the Governor), namely, that the people would select competent men, and that none other would be presented for the suffrages of the people. Judge Graham was a man of great legal ability, a sound reasoner, and apt in catching the facts and points of a case. One was always sure that he would fully comprehend all there was in a case, and his practical mind soon reached a solution of the controversy. He pre- sided for twenty years over the old Ninth Judi- cial District.
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BENJAMIN F. JJUNKIN is the son of John Samuel Hepburn, and was admitted to the bar of Cumberland County in August, 1811, from whence he removed to New Bloomfield, Perry County, the following year, and began the prac- tice of his profession, in which he has since been actively engaged. He was elected dis- triet attorney in 1852, and served three years in that capacity. He was, in 1858, elected at- a Republican to Congress, representing the dis- hunkin, who, in April, 1823, removed from Cumberland to Perry County, Pa., where he purchased the Stroop farm, now in possession of Summuel Spotts, and located near Landisburg, iu Perry County. Here he continued his resi- dence until 1853, when, having sold the prop- erty, he removed with his family to Muscatine County, Iowa. Mr. Junkin was twice married, first, to Maria Adams, of Cumberland County, [ triet embracing Cumberland, Perry aud York
B.J. Junkin
and a second time to Susan Guss. Benjamin F. JJunkiu, a son by the first marriage, was born November 12, 1822, in Cumberland County, Pa., and spent much of his youth with his parents npou the Stroop farm, meanwhile receiving instruction at a select school, and en- tering Lafayette College under the tuition of Rev. Dr. George Junkin, its president in 1838. In ISHI he began the study of law with Judge
Counties, aud in 1871 made president judge of the Ninth Judicial District, (which included Cumberland, Perry and Juniata Counties) to sneeced Judge Graham. At the expiration of a term of ten years upon the bench his practice was resumed, and now eugages much of his at- tention. He was, in 1881, a Presidential elector from the State of Pennsylvania, on the Republi- cu ticket.
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A practice of over thirty years at the bar and ten years on the bench has made Judge Juakiu one of the best known lawyers and judges of this section of the State. He was trained in the old school of lawyers. They had few text-books to wrestle with, which, when mastered, became the corner-stone of a substantial reputation. Added to a thorough knowledge of the law, his pre- dominant traits are a lively imagination, a quick perception and a power of keen penetra- tion. Ile is thorough in his preparation, and pursues his investigations unweariedly to the farthest extent. As an advocate he is impres- sive ; a musical voice, an unlimited command of language, a happy maier of weaving in ance- dotes and a liberal use of Scriptural illustrations make him a delightful speaker, either on the stump or before a jury. He possesses great mechanical ingenuity, and in the trial of cases his knowledge of machinery has enabled him to produce some models that have not only served his purpose of illustration, but excited curiosity beyond the court-room. Ilis good nature, love of the humorous, and kindness to his associates, together with his well-known abilities, have created for him a deserved popularity and made him respected wherever he is known.
Aside from his profession, JJudge Junkin is actively engaged in business as a member of the banking firm of Sponsler & Junkin, of New Bloomfield. Ilis taste for agriculture also leads him to give much attention to the three pro- ductive farms owned by him in Perry County. Ilis religions associations are with the Presby- terian Church, of which he is a member.
Judge Junkin was, on the 12th of April, 1848, married to Miss Annie E., danghter of James and Eliza MeGowan, of Perry County. Their children are Mary F., wife of Jacob Strickler, of Poughkeepsie, N. Y., and John E., married to Elizabeth E., daughter of William Willis, Esq., of New Bloomfield.
HON. CHARLES A. BARNETT, president judge of the Forty-first Judicial District, comprising the counties of Perry and Juniata, was born on the 31st day of December, 1829, in the borough of Bloomfield, his present residence. His father, George Barnett, was one of the earliest settlers of the county, and had much to do with the loca-
tion of the county-seat of Perry County at Bloomfield, having donated the lands upon which the public buildings now stand. Judge Barnett graduated at Marshall College, Mercers- burg, Pa., in the class of 1853. He traveled south through the Mississippi Valley for several years, and for a time taught school in that local- ity. On his return to Bloomfield he assumed the principalship of the Bloomfield Academy, and at the same time read law in the office of Ilon. B. F. Junkin. He was admitted to the bar in his native town in Angust, 1857. In 1863 he was elected to the Legislature ; subsequently he was appointed register in bankruptcy, which position he held until the repeal of the Bank- i'mpt Law.
Ilis wife is a daughter of Jas. MeClure,and a cousin of Hon. A. K. MeClure, of Philadelphia.
In the fall of 1841 he was elected judge of the Forty-first District, which position he now occu- pies, with credit to himself and with honor to his constituency.
The following are sketches of some of the members of the bar of Perry County :
WILLIAM ALEXANDER SPONSLER is of German extraction on the paternal side. His grandfather, Louis Sponsler, married Tamar Evans, a lady of Welsh descent, whose children were John, George, William B., Louis, Mar- garet and Elizabeth. William B. Sponsler was born on the 9th of September, 1790, in Berks County, Pa., and married Harriet, daughter of Squire - Ford, of Mechanicsburg, Cumber- land County, Pa., whose children are Henry L. (of Augusta, Ga.), Curtis F. (deceased) and Charles R. (deceased). He married a second time, Ann, daughter of Christian and Catherine Beelman, of Cumberland County, Pa., whose only child is William Alexander, the subject of this biographical sketch. William B. Sponsler resided in Carlisle, Pa, where he condneted the business of a brewer. He subsequently removed to Perry County, where his death occurred November 25, 1875, and that of his wife March 11, 1856. William Alexander was born on the 28th of January, 1827, in Carlisle, Cumber- land County, Pa., and when but a lad of six years removed, with his parents, to New Bloom- field, Perry County. He was educated at the
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New Bloomfield Academy, and, deciding upon a professional career, entered the law-office of Benjamin MeIntire, where he concluded his studies, and was admitted to the bar in April, 1818. He began the practice of his profession in New Bloomfield and speedily obtained a lead- ing place among the successful attorneys of the county in which he has since resided. He has been engaged in many of the important cases, both civil and criminal, in Perry County, and | Congressional honors in a district largely Denio-
fidelity to important trusts, are indispensable. Hle is connected with the Masonic fraternity as member of Adams Lodge, No. 319, of New Bloomfield. In his political predilections Mr. Sponsler was formerly a Whig, and now affili- ates with the Republican party. Though not an active worker in the arena of politics, he has filled such municipal offices as chief burgess, school director, etc .; was, in 1872, nominated for
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Th. A. Sporster.
frequently appeared in the courts of adjacent | cratic, which ensured his defeat. His religious counties, as also in neighboring States, his abil- sympathies are with the Presbyterian Church, in which he has for years been an elder. Mr. Sponsler was, on the 4th of September, 1851, married to Elizabeth F., daughter of Henry L. and Margaret Burkholder, of C: Their children are William Henry, married to Rebecca, daughter of James and Elizabeth Orr ; Annie V., wife of Charles 11. Bergner, of Inr- risburg; and Edward R., married to Mary, ity, technical knowledge of the law and appli- cation having rendered his practice in a marked degree successful. Mr. Sponsler is also engaged in active business as partner in the banking house of Sponsler & Junkin, of New Bloom- field. His services have been frequently sought as guardian, executor, administrator and in other offices where sound judgment, not less than
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daughter of Cadwalader J. Hackett, of Altoona, Pa. William Henry graduated at Princeton College in 1874, began the study of law with his father, was admitted in 1876, and now en- joys a Inerative practice in New Bloomfield. Edward R., after a thorough classical education, adopted the law as a profession, became a student in his father's office and was admitted to the bar in 1881. Ile is also located in New Bloom- field.
who died in infancy. Benjamin MeIntire, who was born on the 11th of March, 1798, in Mount Rock, Cumberland County, completed his law studies at Carlisle, Pa. He moved to Landis- burg, then the county-seat of Perry County, and subsequently made New Bloomfield his residence, where he practiced his profession until his death. He served as deputy attorney- general for Perry County, was a member of the board of draft commissioners for Perry, Cum-
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