History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 81

Author: George Dallas Albert, editor
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He was a man universally loved and respected; his manners were always gentle and attractive, which made him hosts of friends wherever he went. He was the soul of honor, and his life was without stain or reproach.

In personal appearance he was prepossessing and very gentlemanly. He was of medium height, very erect and active. His countenance was of a benevo- lent type, and an affable expression always dwelt upon it, and lighted it up with a glow that no vicissi- tudes of fortune, no asperity of political contests, no malevolence ever changed. His eyes were light blue and intellectual in expression, though mild as those of a child. His forehead at sixty-five was without a wrinkle,-" on his brow shame was ashamed to sit." The shape of his head indicated a more than ordinary capacity of mind. His hair, dark in his younger days, turned gray, and then white as he reached old age, he wore in a negligent fashion which became him well.

He married Mary Jane Young, the youngest daugh- ter of Judge John Young, and by her had five chil- dren, all daughters,-Mary DeCharms, married to F. Z. Schellenberg, Esq., of Irwin Station; Elizabeth Donnell, married to Capt. A. K. Long, U.S. A .; Fran- cis Forrester, died at the age of seventeen, unmarried; Emily F., married to F. A. Hopper, Esq., of Irwin Station; Hetty Barclay, married to George C. Hewett, Esq., of Philadelphia.

He died Oct. 16, 1880, at the home of his daughter, Mrs. F. A. Happer, at Irwin Station, Westmoreland

Co., in the seventy-second year of his age. His death, by a singular coincidence, occurred exactly eight years after the death of his wife. The day of their deaths was also the birthday anniversary of their daughter, Mrs. F. Z. Schellenberg.

No man's death for many years in this part of the State called forth such unstinted expressions of sor- row. He was a man singularly fortunate in the pos- session of the esteem and love of the community.

ARCHIBALD A. STEWART.

Archibald A. Stewart died suddenly on Sunday, July 3, 1882. Mr. Stewart was born in the county of Indiana, this State, March 8, 1883, and at the time of his demise was in the forty-ninth year of his age. He was of Irish ancestry, but of American birth. He graduated at Jefferson College, Washing- ton County, in 1854, at which time he commenced the study of the law under the Hon. Henry D. Foster, lately deceased, and was admitted to the Greensburg bar two years thereafter, where he continued the practice of his profession until his untimely death. In the mean time, however, he had been twice suc- cessively elected district attorney of this county, fill- ing the position with distinguished ability.

Mr. Stewart was a noble-hearted man, generous to a fault, and many of the poor and needy and distressed have cause to fondly remember him for his long-con- tinued and disinterested benevolence, for verily he was ever the fast friend of the needy and indigent. He was a man of superior intellectual attainments, well versed in the science and in the practice of the law, and at all times and under all circumstances an honor to his profession. His personal popularity was almost unbounded. He had but few enemies, and they were mostly of such a caste that their enmity was always preferable to their friendship. The de- ceased was an ardent, unswerving, and uncompromis- ing Democrat, and had been such from his youth up, his unalterable attachment to the Democratic creed ever "growing with his growth and strengthening with his strength," always battling in the front ranks, and disbursing his means liberally for the success of the cause he had ever championed.1

1 The following are the resolutions adopted on the sad occasion by his fellow-members of the bar :

" RESOLUTIONS.

" Resolved, That the Bench and the Bar have learned with sincere re- gret of the unexpected death of A. A. Stewart, Esquire, in the prime of life. In the morning the shadows are long, at noon they are gone; so it is with the race of man. In the morning of life he indulges in a long expectation, but these fond hopes often vanish like morning shadows before the meridian of life is reached.

" Resolved, That the early death of Mr. Stewart, in the midst of use- fulness, will be felt by the Bar, lamented by the community at large, and mourned with sincere and profound regret by the mames who crowded the Sessions. Whoever was obnoxious to the stroke of justice, or in danger of the penalties of the law, he was eager, sealous, and faithful to defend. This eocentricity brought him much labor, often ill requited, but many and lasting personal friends.

" Resolved, That Mr. Stewart's.kind and benevolent disposition, his

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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.

HENRY CLAY MARCHAND.

Henry Clay Marchand, one of the most distin- solid worth. He was naturally timid and reserved guished lawyers that ever belonged to the West- moreland bar, was born March 9, 1819, and died January 16, 1882, leaving a record of which, for its singular integrity of character, purity of purpose, and intellectual clearness in the domain of forensic

As those know best who have seen him oftenest disputation, all Westmorelanders may well be proud. . and known him longest, a kinder heart never beat, He studied law in the office of his older brother, Al- bert G., and when admitted to the bar, May, 1840, he at once became partner with his brother in the same office. This partnership continued till the death of his brother in 1848. and tenderer feelings never pulsated in human breast than filled his bosom. This is said not as a matter of sentiment, but as a matter of fact, and of honest con- viction, based on our personal knowledge of his char- acter. His heart could always be touched by an appeal on behalf of a worthy cause, and promptly responded to every call coming from the poor and needy. He did not love in word, but in deed and in truth. He never sounded a trumpet before him when he did deeds of charity. He did not let his left hand know what his right hand did. There are many who will miss him, but they will not soon forget the kind- ness which they received at his hands, known only to themselves and to him who bestowed them.

This was a new and important era in his life. He was the youngest partner of the firm. The prop on which he had leaned was suddenly taken away, and he was bound to rely on his own resources; but it seems that the mantle of his departed and lamented brother fell on him, and he was enabled to carry on the work as if by the accumulated wisdom and judg- ment of his deceased brother. He continued to do the business of the office, which increased from year to year, alone until 1864, when Jobn A., son of Hon. Albert G. Marchand, deceased, was admitted to prac- tice, when a partnership was formed which continued uninterrupted till his death.

Henry C. Marchand practiced law at the Greens- burg bar for forty-one years. By his diligence and devotion to the duties of his profession he stood for many years prior to his death among the foremost at this bar.

He was, without any doubt, one of the most es- teemed, trustworthy, honorable, and successful lawyers in our county ; as a jurist and a counselor he had few superiors in the State. He enjoyed the confidence of the court, the bar, the community, and the general public that knew him in such a measure as few of his contemporaries have.

Whilst he was true to his clients, whose interests he carried in his heart as a sacred trust committed to him, and to the promotion of whose cause he devoted his best abilities, yet he was also loyal to truth and justice, and endeavored to advance the rights and common interests of humanity.

He was always honorable and just towards his col- leagues, and did much to ennoble his profession.

Possessing genius, nobility of character, he added ' occasion of his death, as is their custom on the death dignity to his calling.

Forgetful of himself, and always anxious to make others happy, he was truly a man of toil.

Few men have been able to accomplish what he has done, because they either shrink from the toil which he endured cheerfully, or lack the well-digested system by which he worked. He was a pattern to men in his own as well as in other professions.

manly bearing, and his sympathy for every form of human frailty and distress indicated a largeness of heart that won for him hosts of friends and admirers. His fidelity to all the trusts confided to him, either legal or personal, were strictly righteous, fair, open, and honorable."

He was a man of no outward show, but a man of with strangers, modest, and shrank from public notice; but among his friends and in his own family he was frank, cordial, full of sympathy, and manifested the kindest interest in all.

Now that he is gone we recall his character and his noble life, well rounded. We think of him as the esteemed citizen and the true patriot, as the learned jurist and eminent counselor, the dutiful son and the kind brother, the affectionate husband and the faithful friend, the lover of truth and defender of every Christian virtue. He was a good man, for from his hand flowed deeds of love and acts of kind- ness. He was a true man ; no guíle was found on his lips and no deceit in his heart. He was a just man, loved integrity, and sought to promote righteousness. He was an honest man, " the noblest work of God," devoting his best talents to promote the highest in- terests of humanity. He was a magnanimous man; he could forgive a foe and forget an injury. He was a religious man; he had the profoundest reverence for God and sacred things, and had implicit faith in the atonement of Christ.

"His life was gentle; and the elements So mixed in him that nature might stand up And my to all the world, This was a man. He was a man, take him for all in all; We shall not soon look on his like again."

The memorial passed by the bar which met on the of one of its members, to express some token of re- spect for the deceased, so clearly expresses the salient features of his professional characteristics that it deserves a place in this inadequate sketch.

The bar met in pursuance to adjournment on Wednesday, Jan. 18, 1882, at one o'clock P.M., in the court-room, and at the request of the former chair- man, Hon. Judge Hunter, the Hon. Joseph H. Kuhns, being the oldest surviving member of the bar, and chairman of the committee on resolutions, took the chair. The committee on resolutions reported the following memorial, to wit:

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Me. Le. Marchand

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THE LEGAL PROFESSION.

"The committee appointed to express the sentiments of the members of the bar touching the death of Henry C. Marchand, Esq., respectfully report:

"The bar of Westmoreland County were touched with profound sor- row on learning of the death of Henry C. Marchand, Esq., and as a token of their high regard for him, not only as a member of the bar, but as s citizen, they desire to record here this memento of the impression be has left upon their minds. The marked simplicity of his character, the solidity of his judgment, his sincerity, earnestness, and uncomplaining toil all indicated a man easy of approach, wise in counsel, faithful and zealous in action. He made no claim to mere forensic display, and it would not be in place to mar his unique character as a practitioner at the bar by asserting it here. His chief power lay in a special ability to prepare and arrange to the best advantage all the details useful in a legal contention, and to select with skill and sound legal discrimination the authorities bearing on the litigated point. In this sphere of profes- sional excellence he had, perhaps, no superior at the bar in Westmore- land County. As a citizen and member of society, he was punctual and faithful in the discharge of the duties of life. He was sincere in his friendships, and in his intercourse with the bar and his fellow-citisens he was courteous, cheerful, and decorous. His loes will be felt by all classes of society, and especially by those with whom he had daily busi- nees relations. He was the strength and pillar of the family circle in which he moved, the sunshine there of warm and loving hearts.

"In view of this great bereavement, we extend to his family and friends the profound and sincere condolence of the members of the bar."

HON. JOSEPH H. KUHNS.

Bernard Kuhns, of German descent, was one of the early settlers in Northampton County. Before 1780 two of his sons, John and Philip Kuhns, settled on a six-hundred-acre tract of land some two miles from Greensburg, which their father had years before patented. The latter was elected sheriff of the county in 1798, and died March 28, 1823, in his sixty-second year. His wife was Eliza, the youngest daughter of Dr. David Marchand. Their children were Jacob, David, Daniel, John, Samuel, Joseph Henry, Reuben, and Eliza (married William H. King). They all lived in this county except John, who removed to Putnam County, Ohio, where he became a judge of the courts. Daniel and Joseph Henry Kuhns are the only two now living. The latter was born in September, 1800, in a log house (now weather-boarded), the property of Judge James A. Hunter, and located on West Pitts- burgh Street. He first attended school in the old log school-house by the spring on the commons (now part of St. Clair Cemetery, where the superintendent's house is). It was then taught by "Master" Williams. He subsequently attended the academy, and then went to Washington College, where he graduated in 1820. He read law with Maj. John B. Alexander (whose sister he afterwards married), and was admitted to the bar about 1823. He first practiced, but for a short period, with Maj. Alexander, and subsequently by himself. He soon acquired a very extensive and lu- crative practice both in the Westmoreland and Su- preme Courts. He is now the eldest ranking member of the bar, but retired some five years ago from the practice. In 1850 he was elected by the Whig party to Congress from the district then composed of West- moreland, Indiana, Somerset, and Fulton Counties. He served one term in the national House of Repre- sentatives, but declined a re-election, preferring to resume his profession in which he stood so high. He

was first married, in 1825, to Margaret Alexander, of Carlisle, by whom he had four sons and four daugh- ters, of whom one is H. Byers Kuhns, a leading at- torney of the bar. After her death, in 1850, he mar- ried Harriet, widow of Hon. William Jack, by whom he had two sons,-Joseph H., Jr., superintendent of the Atlantic and Pacific Railroad, and Lewis, a con- tractor on the same. When Greensburg was laid out his father and uncle, John and Philip Kuhns, bought lots in it, then covered with fine oak timber, which they cleared off and built upon.

Mr. Kuhns is one of the oldest citizens of the town, and a man whose life has been a useful and success- ful one, reflecting honor on his ancestors, who were among the earliest pioneers in this region.

JAMES CUNNINGHAM CLARKE was born in Laugh- linstown, Westmoreland Co., Pa., on Feb. 2, 1828; removed with his father's family to Blairsville, Pa., in 1831; entered as a pupil in the private classical school of Rev. David Kirkpatrick in 1837; finished his education at Jefferson College, Cannonsburg, Pa., where he graduated in 1843; same year commenced reading law with the late Judge Coulter in Greens- burg; was admitted to the bar in 1846, and entered on the practice of his profession in Westmoreland County, where he has since continued to reside.

He has identified himself with the various public improvements of his adopted residence, such as the establishment of the St. Clair Cemetery, the erection of the gas-works, serving many years in the Board- of Burgesses and in the School Board, in the latter of which he served (with the exception of a single year) from 1859 till 1881, at which time he resigned. In religion a United Presbyterian. In politics a Democrat, always taking a deep interest in the suc- cess of the party to which he was attached.

In 1874 he was honored by the party with election to the State Senate, where he served the sessions of 1875-76, and was re-elected in the fall of the latter year for the term of four years, and served in such capacity during the term for which he was elected.

In 1852 was prominently mentioned as a competent and suitable person to fill the vacancy in the Board of Canal Commissioners caused by the resignation of William Searight.

JOHN LATTA was born in Unity township, West- moreland Co., Pa., on March 2, 1886. In early life he had the benefit of an English academical education at Eldersridge and Sewickley Academies. In 1857 he entered the law-office of D. H. Hagen, Esq., at Pitts- burgh, pursuing and completing the study of law at Yale University, and was admitted to the Westmore- land bar in November, 1859. He took an active part in the Presidential campaign of 1860, and in every political campaign since. He was a delegate to the Democratic National Convention of 1864 and 1872. In the latter convention he voted with the minority of the Pennsylvania delegation against the nomina- tion of Greeley.

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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.

In 1862 he was defeated for the nomination of dis- trict attorney by the late A. A. Stewart, Esq., but was nominated the next year for the State Senate, and was elected by the counties of Fayette and Westmoreland.

In 1871 he was elected to the Legislature, and re- elected in 1872. He was defeated for the nomination for Congress in the spring of 1874 by the Hon. Jacob Turney, but was nominated by the Democratic State Convention which met in Pittsburgh later in the sum- mer for Lieutenant-Governor, and was elected in the fall of same year. He is now engaged in the practice of his profession in Greensburg, Pa. He has served as a school director for the past fourteen years, and as vestryman in the Protestant Episcopal Church. He is a descendant of Scotch-Irish ancestry.

RSOP'S FABLE.

Esop relates this fable : Once upon a time a man and a lion were journeying together, and came at ·length to high words which was the braver and stronger of the two. As the dispute waxed warmer they happened to pass by on the roadside a statue of a man strangling a lion. "See there!" said the man, "what more undeniable proof can you have of our superiority than that ?" "That," said the lion, "is your version of the story; let us be the sculptors, and for one lion under the feet of a man you shall have twenty men under the paw of a lion." The moral is obvious. And as it has not been our habit to pass panegyrics upon the living, we mean by this that the bar of Westmoreland to-day stands as high 'as it has ever done in the annals of the past in this Commonwealth, and that the reputation given it by those distinguished men who adorned it with their legal wisdom and erudition has not suffered diminu- tion by our seniors now in practice, and will not be abated when the rising juniors shall have taken their places.

ROLL OF ATTORNEYS ADMITTED TO PRACTICE AT THE WESTMORELAND BAR.

This list having been made up from the minutes in the Common Pleas and Quarter Sessions Courts, although as near perfect as it is possible to be under the circumstances, may not in the first portion be entire. In some of the minutes no admission is noted for the space of several years. The names of some prominent attorneys do not appear at all. No other list has been ever made that we know of other than this. As a rule, the term only at which the attorney was admitted is given. Under the head of "remarks" is noted whether the admitted attorney was a regular student at this court, if he was a practicing attorney at some other bar and thus admitted for the occasion, or if on being admitted at another bar he came here to practice. In the first instance he is marked " reg- ular," in the next the county bar at which he appears to have been a member is given, or simply the word " motion," and in the third instance the word " cer-

tificate" is used, which alno indicates in come in- stances that the student, being a graduate of some college competent to give a degree which would admit him to practice the law, was entitled to admission by virtue of such degree. The attorney making the mo- tion for admission is also given, unless where the record omits the name, when the word "motion" is used.

Attorneys.

Day or Term when Admitted.

Remarks.

Attorney making Motion.

Michael Huffvagle. Jea. 6, 1779

Samuel Erwin.

Andrew Scott.

Oct. T. 3

H. H. Brackenridge. April T .. 1781

Gotth.

James Berwick.

David Bradford. 1782

Thomas Dunesa.

Jan. T., 1783 Washington Co.

George Thompson. John Woode.

1784

John Young.

1789

Daniel Be. Clair.

Regular.

David Reddick.

July 6, 1790 Washington Co.

Jacob Nagle.

Oct.

Steel Bample.

Henry Woods.

JuDe T., 1792

David Mckeeban.

Hugh Rows.

George Armstrong.

Mar. 11, 1700

Joseph Touteoost.

Washington Co.

Henry Purvisnos. Arthur St. Clair, Jr. June 8,

Mar. 8., 1794 Regalar.

Paul Morrow.

Thomas Colline. Thomas Headon. James Morrison. Thomas Creigh. Abraham Morrison. Samuel Mebon. Jus. Montgomery. Jobn Lyon.

Mar. 8., 1796 Certifleste.

June &.,

Woods, John.

Dec.

JUDO T., 1707 Motion.

Sept Certificate.

Mar. 8., 1798

June T.,

Motion. 44

Armstrong. Young.

Morrow.

John Kennedy. C. B. Semple.

Dec. 8. 4

Mar. 8., 1799 4

Samuel Deemer. William Ayres. Robert Callender. Robert Allison. Ralph Martin.

Mar. B., 1801 -

Samuel Harrison. Joseph Park.

Sept. T.,

Motion.

Dea. I.,

Alex. Foster.

William N. Irwine. June T. 1808 Jonath. R. Reddick. Mar. T., 1004 Othro Brader.

Heury Haslet.

June T.,

Bopt. T.,

Dec. T.,

Somerset Co. Motion.

Mar. T., 1806 Deo. T.,

Mar. T., 1808

44 44

Motion.

Nov. T.,

H. M. Brackenridge. May T., 1809 James Welle. Sept. T., M % John L. Farr. 4 Magnus M. Murray. Dec. T.

: Motion.

Feb. T. 1810 Indiana Co.

Daniel Stannard. James M. Kelly. Richard Wm. Lain. May T., 3 Motion.

Cert. Crawford Co.

Ang. T., Allegheny Co.

Armstrong Oo.

Allegheny Co.

Mar. T., 1811 Motion. Ang. T., 4

Feb. T., 1812 Motion.

May T. Allegheny Co.

Fob. T., 1814 Fayette Co.

May T.

Motion.

Dec. T., Allegheny Co.

Foster, A. W.

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Young. Woods.

Thomas Nesbit. Jobb Biniuson. Willian Raonelle. Parker Campbell. Thonias Meuson. David Hayı.

Sept. 8.,

8am ple. Kokosban. Sample, S.

Sept. B., 1800 4

Kepple. Callender. Armetrung, Geo. Ross, Jobn. Morrison.

Young. Sample. Colline.

Armstrong, Goo.

Addison.

Woode, Jno. Young.

Mesback Sexton. Henry Baldwin. William Ward, Jr. J. B. Alexander. Samuel Guthrie. Samuel Selby.

Armstrong. Welgley. WüLIDL

MOTTOW.

Welgley.

Armstrong, Geo.

Ross, James. Armstrong. Forward. Reed.

Wilkins, W. Boed.

Armstrong. Ross, Jas. Weldley. Wilkins.

Welgley.

Forward.

Ross, James.

Alexander.

Wilkins, O. Wilkins, W. Coulter.

Robert Findley. Neville B. Craig. Guy Hicox. John H. Chaplain. John M. Austin. Richard Coulter. James Carson. Samuel Douglass. John McDonald. Juhu DA WOOD. Juseph Beckett. Samuel Kingston. Charles Shaler.

PPPFE

Mar. 8., 1796 Allegheny Co. June 8. -

Wooda, Joka. Young.

Woods. Omith. -

Woods. Woods, Joka.

Boss, James. Woode. Ross, James. Young.

June T. Fayette Co.

Juseph Weigley.

James M. Biddle. Walter Forward. Charles Wilkins. Samuel Massey. John Reed.

Allegheny Oo.

1791 Allegheny Co.

Breckenridge. Smith.

881

Attorneys.

Day or Term when Admitted.

Remarks.

Attorney making Motion.

Attorneys.

Day or Term when Admitted.

Kemarks.

Attorney making Motion.

John A. T. Kilgore. Fob. T., 1815; Regular.

P. O. Shannon.

Ang. T., 1846 Regular.

Report.

John Carpenter.

3 Motion.

George W. Bonnin.

Fob. T. 1846 Motion.

Obadiah Jennings.

Aug. T., 4

Forward.

Jno. Alex. Coulter.

Regular.

Calvin Mason.

Oct. T.,

Regular.

Report.

James C. Clarke. 8. B. McCormick.

Ang. T. 4

Jacob M. Wise.

Fob. T., 1817 Regular.

8. V. R. Forward.

Allegheny Co. May T., 1818 Cumberland Co.

Armstrong, Geo. Alexander. Forward, W. Reed.

Clarke. Foster. Report.

Andrew Stewart. Josiah E. Barclay. W. H. Brackenridge Ephraim Carpenter.

Ang. T.,

Kelly.

1847 Wm. A. Campbell. Wm. H. Markle. Wm. A. Cook. L. T. Cantwell. Francis Eran. John Campbell. Aug. John O. P. Smith. Richard Coulter, Jr. Feb. T., 1849

Motion.

James Hall.

Fayette Oo.

Regular.

Report. Foster, A. W. Reed.

H. Byers Kuhne. George W. Clark. Samuel Sherwell. Jacob Turney. John Penny.

8. P. Rows.

Tob. T., 1860 Regular.

Sylvester Dunham.

May T., 3 Beaver Co.

---- Coffee.

MAY

Motion.

James McGee.

Virginia.

Coulter. $

W. J. Button. James Trees. H. 8. Magraw.

Nov. T.

Chauncey Forward. Ang. T., Somerset Co.

Aug. T., 1861 Regular.

Gasper Hill, Jr. H. G Herron. Charles Ogle. Joseph Williams. H. N. Weigley. W. W. Fetterman.

April T., 1822

J. Freetly.

Thor Armstrong.

Regular.

John Riddell. Thomas White.

Nov. T., Indiana Co.

Forward. Report. Alexander.

J. M. Underwood. A. A. Stewart.

May T., 1866 Motion. 1867 Regular.

Mckinney. Drum.

Thomas R. Peters.

Feb. T., 1823 Motion.

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History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 81

Author: George Dallas Albert, editor Publication date: Publisher: Number of Pages:

Author: George Dallas Albert, editor
Publication date:
Publisher:
Number of Pages: