History of the city of Washington and Washington County, Pennsylvania and representative citizens 20th century, Part 27

Author: McFarland, Joseph Fulton; Richmond-Arnold Pub. Co., Chicago, pub
Publication date: 1910
Publisher: Chicago, Richmond-Arnold Pub. Co.
Number of Pages: 1474

USA > Pennsylvania > Washington County > Washington > History of the city of Washington and Washington County, Pennsylvania and representative citizens 20th century > Part 27

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The presidential contests were always close and ex- citing. In 1840 Harrison had 538 plurality; in 1844 Polk had 101; in 1848 Taylor had 78; in 1852 Pierce had 254; in 1856 Fremont had 82 and in 1860 Lincoln had 746.

Since the Civil War the county has been generally Republican. Occasionally it has flopped into the Demo- cratic column. The Democrats carried it in the dark year of the Civil War, 1862. They elected part of their ticket in 1867. Hugh Keys, Democrat, was chosen as sheriff that year and James P. Hart, Repub- lican, as treasurer. In 1868 the Democratic state ticket had two majority at the October election. Ianthus Bentley was elected district attorney by five votes over John W. Donnan. James Kerr, Democrat, had 40 ma- jority for county commissioner. In 1869 the Democrats carried the county and again in 1870. In 1871 the result was close and mixed. Thomas H. Baird, Democrat, was elected district attorney over John Aiken, Repub- lican, by an even 100 votes, while James P. Sayer, Re- publican, had 65 majority for county treasurer over A. K. Craig, Democrat. The contest for commissioner was even closer. John Hemphill, Republican, had only three majority over Thomas Hanna, Democrat. The Repub- licans carried everything in 1872 but lost part of their ticket in 1873 when William Thompson, Democrat, was elected sheriff. George Perritte, Democrat, was elected sheriff in 1879 and William B. Chambers, Democrat, in 1882.

All the prothonotaries have been Republicans since the Civil War, except D. M. Donehoo, elected in 1869 and William A. Barr elected in 1878. All the clerks of court have been Republicans except Samuel Ruth elected in 1869. The only Democrat elected register was I. Y. Hamilton, chosen in 1869. The only Demo- crat to be chosen recorder was John P. Charlton the same year. Dr. William G. Barnett, Democrat, was elected to the legislature in 1874 and Dr. C. W. Town- send, Democrat, in 1882. John Birch, Democrat, was elected in the spring of 1875 at a special election to fill the vacancy caused by the death of John Farrar.

With these exceptions the county has generally gone Republican. The majorities have been increasing stead- ily with the growth of the county. In 1840 the total vote of the county for President was 7,784; in 1844 it was 8,141; in 1848 it was 8,186; in 1852 it was 8,264; in 1856, 8,795; in 1860, 8,802. Thus it will be seen that for 20 years there was practically no increase in the total vote.

The later political history of Washington County is so familiar to those who take an interest in such mat- ters that it is hardly necessary to go into details in discussing it. Now the total vote reaches 17,000 or 18,000 and is practically two-thirds Republican. The Republican party has elected all the officers in the county since 1890. The vote given President Roosevelt four years ago was greater than the total vote cast by parties combined in 1876.

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HISTORY OF WASHINGTON COUNTY

LEGAL HISTORY.

In the former part of this history, mention was made of the early efforts to provide courts for the area now known as Washington County, but which was in West- moreland County from 1773 to 1781, during most of which time it was claimed by Virginia, and controlled almost exclusively by her court for the district of West Augusta, and later by her Yohogania County Court, or- ganized as a sub-division of West Augusta district. The judges of those days, selected from those persons appointed or elected justices of the peace in the town- ships, were peace officers, real preservers of the peace, and of necessity more combative than the present office- holders. Some of them were known to engage in hand to hand conflicts in order to disarm the braggart. When Washington County was organized, in 1781, Henry Tay- lor, Esq., whose name was first upon the list of justices commissioned, was recognized as the judge, or chief jus- tice of the county, and he or some one bearing his name was indicted for assault and battery, according to the records of his April term of court, 1783, This and the offense of taking too much whisky was not looked upon with such disapproval then as now. It was sometimes necessary to fight for the control of one's own land.

Dorsey Pentecost, Esq., who like Taylor, had been one of the justices under the Virginia regime, but who had, unlike Taylor, been a Virginia adherent even after defeat was in sight, was so dissatisfied by the early elections in Washington County, that he managed to be commissioned judge October 31, 1783. However, Pentecost took a trip into Virginia and stayed so long that his commission was revoked and Taylor's power enlarged again by new commission, September 30, 1788. The new constitution for the state, adopted two years later, required that judges be not only "persons of knowledge and integrity," but also "skilled in the laws. "

Alexander Addison had preached to some extent in his native Scotland, and had entered into the legal pro- fession after the few Presbyterian ministers located near Washington had refused to permit him to become the pastor of an organized church in Washington, alleging that they were not satisfied with his "religious experience." His commission issued to him August 22, 1791, when he was 32 years of age and had been practicing law four years, authorized him to preside over the courts of Washington, Allegheny, Fayette and Westmoreland counties. He published in 1800 his volume 1, Addison reports of cases decided by him in his Fifth judicial district, to which he apppended his charges to the grand juries. These are in the nature of essays or sermons and contain much solid advice with stinging remarks about those leaders in the recent

riotous demonstrations, who, as he alleged, extended it unduly for political advantage. He vigorously de- nounced repeating by voters at elections, and lamented the election of men unfit for their positions.

Volume 2 of his reports never appeared. He was an upright judge of ability but was impeached and his commission revoked January 27, 1803, after almost 12 years of judicial honors, because of an alleged dis- pute on the bench with an associate judge, who was thought by Addison not to know as much law as he should. The Frenchman's ideas and manners were not agreeable to the Scotchman and the other associate judge-MeDowell-and the two stopped him in his harangue to the grand jury. Judge Addison had made many enemies by his bold stand favoring the observance of the law taxing whisky, and against French emissaries and secret political societies. H. H. Breckinridge was bitterly hostile and so was Lucas, who was appointed associate justice for Allegheny County in 1800. From that time onward Lucas annoyed and provoked the president judge, frequently differing with him on points of law and actually charging a petit jury contrary to the views expressed by Addison. He was a layman and the president judge told the jury not to regard what he said because it had nothing to do with the case. Fortunately Washington County can say, we have always submitted to the president judge and have had no such bickerings on the bench. In the present day of applied inventions and rapid movements it may surprise the reader to learn that notes of the testimony at Judge Addison's trial before the state senate were taken by a stenographer.

Colonel Henry Taylor and Dorsey Pentecost held their courts in some private building or buildings in Washington and later in the little log court house up- stairs above the jail. This is said to have cost about $3,000, a goodly sum at that time. When Judge Addi- son began his circuit, he found Washington again with- out a court house, because of the recent fire. A new building is said not to have been completed until three years after the fire, which seems now to have been an unexcusable delay for a building that cost only $13,320. It was a substantial building, however, for it lasted almost 40 years and had to be torn down in 1839 to make way for the third court house. Judge Addison who rode on horseback from county to county was at- tended by several lawyers who were anxious to assist. the litigants. Two associate judges were appointed for each county as advisers to the president judge, and as having a better acquaintance with the men and locali- ties in their separate counties.

There were other attorneys in this circuit besides Addison, who probably could have graced the bench, had they been invited, but the appointment went to a

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HISTORY OF WASHINGTON COUNTY

native of Philadelphia, a resident of Sunbury, named Samuel Roberts, who moved to Pittsburg soon after his appointment in 1803.

The next judge was a Washington man by birth, Thomas H. Baird, son of Dr. Absalom Baird, one of the oldest physicians and patriots in the town. He occupied the bench from 1818 to 1837 when he resigned and proceeded to practice law in Pittsburg, but died on his farm near Monongahela City, leaving a son of the same name to follow his profession.

Nathaniel Ewing, of Uniontown, grandfather of the present Nathaniel Ewing, judge of the United States circuit court, was appointed to fill the vacancy, which he did to the satisfaction of the public for ten years. Samuel A. Gilmore, of Butler, was appointed in 1848 and then elected in 1851 for the usual ten-year term, which he completed. Greene and Washington counties being in the same judicial district, the vote in 1861 went in favor of James Lindsey, who died three years later, at the age of 37. The vacancy was filled by the appointment of John Kennedy Ewing, father of Judge Kennedy, now judge of the circuit court.

The next judge to sit in deliberation was a Beaver County attorney, B. B. Chamberlain, the first appointee after Washington and Beaver Counties were united in the Twenty-seventh judicial district. He presided for two terms of court in 1866 and was succeeded by Alexander W. Acheson, who was elected at the general fall elections in October to comply with the latest law which required the judge to be the gentleman of in- tegrity.

This began the era of home rule and the county has ever since had a resident judge to sit on its bench and has supplied good judges for our own and other counties in this state and some in other states. The aid and advice of associate judges were now not needed by one who was as familiar with local affairs as they, and the office was abolished by the new state consti- tution of 1874. Under the inspiration of a resident judge, with high moral aims and strict in his temperate habits, the bar soon took higher grounds and there was a marked contrast between it and that of some of the adjoining counties. At the general elections in 1876 Judge Acheson was ten votes behind the Democratic candidate, George S. Hart. It will be noticed that the public desired men of more maturity than formerly for both these judges were over 50 years old when elected and each had at least 30 years' practice.

John Addison McIlvaine, president judge of the courts of Washington County, succeeded Judge Hart in 1886 by defeating David F. Patterson, Esq., for- merly of the Washington County bar and a native of Washington, but at that time practicing in Allegheny County, where he still continues. Judge MeIlvaine is

now serving in his third ten-year term and has declined the suggestion of occupying a seat in a higher judiciary, being satisfied with a peaceful life in his home county among those whose confidence he appreciates.

James Franklin Taylor was first appointed additional law judge for the county on June 24, 1895, under the provisions of a recent act, and was elected at the county elections for the ten years term. He was elected for another ten-year term in 1905. It will be noticed that both these present judges are natives of the county. one of Somerset and the other of South Strabane Town- ship, and that they were both in their prime and with between 15 and 20 years of legal practice when they were called from the ranks to the seat of authority.

It was during Judge Nathaniel Ewing's period that the court house with which many of the present mem- bers of the bar are familiar, was built between 1839 and 1842. It was two stories, built of brick with a library room in the rear and two jury rooms in front. On the first floor was the wide hall with six county of- fices and six vaults for office dockets. The treasurer's office was in the rear wing and adjoining it on the north was the jail. The reported cost was little less than $25,000, which with the cost of the sheriff's resi- dence on the Beau street corner added did not reach $30,000.

The present court house was commenced in 1898 and was completed sufficient for use in November, 1900, at a cost approximately $1,000,000. In its construction the present judges were frequently called into consultation and the result is a commodious work of art and skill. In this new building there has been a new departure from the old established methods of courts. In fact it is only in recent years that there has been any ap- parent need for a court to manage those who should be cared for by their parents. The need for such a court shows most clearly the wonderful recent increase of foreigners in this county.

JUVENILE COURT.

In June, 1904, the judges began to operate under the provisions of an act passed by the legislature, May 21, 1901, (repealed and supplied in 1903) for the purpose of establishing a court to regulate the treatment and control of dependent, neglected and delinquent children under 16 years of age. This action arose from the agi- tation led by several of the most prominent ladies of Washington. The Civic League Club and the Children's Aid Society led in the work. The act provided no method of supplying the needed money for supporting such a court, but the work has been quite successful considering this difficulty. The first year's work was closed April 1, 1905, with a record of 30 cases having been considered. Forty-four cases were provided for

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HISTORY OF WASHINGTON COUNTY

during the next year and at present about four times that number are taken care of annually. Mrs. Allena M. Jones was appointed probation officer May 9, 1904. Mrs, Emma W. Speer succeeded her in May, 1905. Mrs. Sarah McQuowan had charge for quite a period of those who were detained for hearing or for punish- ment. These were kept away from the adult prisoners and occupied the third floor of the building used as the home of the sheriff. The judges of the court have done all that is possible to carry forward the work which contemplates the detention of children separate from the adults, and the providing for them by placing them in private families or in other ways putting them on their good behavior.

This might be considered inherited work for one of these judges, for his great grandfather, Judge Henry Taylor, had only been admitted three days "to his seat at the board" of the supreme executive council of Pennsylvania, when the following entry was made:

Philadelphia, Dec. 8, 1789.

"In Council

A petition from Margaret Jeffries, now confined in the workhouse of this city for larceny, praying remis- sion of the fine, payable to the use of the State, and the punishment at hard labor, to which she was sentenced for the said offence, was read, and Mr. Taylor, Member of Council, having informed the Board that the peti- tioner had agreed to enter into an indenture of service to him, and that he will send her to the county of Wash- ington if Council are pleased to pardon her, thereupon

Resolved, That the said Margaret Jeffries be and she is hereby pardoned."

ATTORNEYS.

Many attorneys whose names appear on the roll as admitted to practice, did not reside in Washington County. The judges riding from one county seat to another, within their circuit, were accompanied or fol- lowed by attorneys who were admitted in each county. Those mentioned in recent years all or nearly all have or had their residence in the county. One of the strongest of the three men admitted at the first term- 1781-was Hugh M. Brackenridge, afterwards deeply involved in politics, connected with the period of the riots concerning the collection of excise tax on whisky and stills. He at once petitioned the court for roads from Canonsburg to Pittsburg, under the name of H. M., but in his later productions used the initials H. H. His son H. M. was admitted in 1814 and had his office in Pittsburg. Brackenridge, Sr., was a close reader of history and was influenced much by that of the French nation. He was interested in most of the early cases and was the attorney for the McBrides, Biggers and others, when Thomas Smith, Esq., was brought on from Philadelphia by General Washington for the celebrated

ejectment trial over title to lands in Mt. Pleasant Township.

David Redick and David Bradford, admitted the following year, were illustrious examples of the rewards and punishments which result from observing or dis- obeying the law. David Redick after the whisky in- surrection was appointed prothonotary, but Bradford had fled to Louisiana.

John Woods, admitted the following year, and James Ross, a former teacher at Canonsburg Academy, rep- resent the bitter foe and the secret friend of Bracken- ridge. Woods did not practice much in the county, but Ross resided here for a time and removing to Pittsburg afterward was a United States senator for a few years preceding and following the year 1800.

Thomas Scott, who was brought from east of the river to be our first prothonotary, in 1781, was ad- mitted to practice law ten years later and continued in the county until his death. General Arthur St. Clair, who sacrificed his fortune in the aid of the Revolutionary War, was admitted in 1794, but never lived here. He died in poverty in Westmoreland County.

Joseph Pentecost, son of Dorsey Pentecost, admitted in 1792, died 31 years later, the same year his two sons were admitted. The lineal descendants of Scott and Pentecost have almost entirely disappeared from this county.

Parker Campbell, admitted two years later than Joseph Pentecost, became the head of the profession here, but died one year later than Pentecost, leaving no one to bear his name.

Obadiah Jennings was admitted in 1801 at the age of 23, but after eleven years of "brilliant success" in his practice at Steubenville, he returned to Wash- ington and opened an office here, having, one year be- fore, entered the communion of the Presbyterian Church. He continued his practice for several years, but went into the ministry in 1816. He was called to the Steubenville church, but was recalled to Washington church, where he remained four years, leaving in 1828 for the First Presbyterian Church of Nashville, Tenn. His manner in the pulpit was not so free as it had been at the bar, but his direct preaching in Washington resulted in a powerful revival at the time of his leaving which continued for a year. This is the only instance of a Washington County attorney changing to the ministry.

James Mountain, admitted with Jennings, was an educated Irishman, the "Wit of the Bar, " who removed to Pittsburg. The family name of Thomas McGiffin, admitted in 1807, is held by his great grandson, Norton McGiffin, recently instructor in Washington and Jeffer- son Academy.

Thomas McKean (Thompson McKennan), admitted

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HISTORY OF WASHINGTON COUNTY

in 1814, has probably more lineal descendants in Wash- ington County than any other attorney. He was a hale, hearty, bluff, outspoken old gentleman, who served several terms in the United States House of Repre- sentatives, and for a time, when Fillmore was President, was secretary of the interior. One of his delights was to chuckle at the street urchins who went after the handful of pennies he would occasionally throw for a scramble.

Brady's tunnel on the Baltimore & Ohio Railroad and Brady's Hill on the National Pike, a mile east of Washington, took that name from John S. Brady, a law partner of Parker Campbell, who later devoted his Brady Hill farm and some others to fine wooled sheep.

Hon. John Hoge Ewing, admitted in 1818, was urged to buy the large and beautiful tract which for two generations carried his name. It was later known as Ewing's Station and now as. Meadowlands. He and Parker Campbell, Nathaniel McGiffin and Judge Thomas H. Baird were contractors for building much of the National Pike through Washington County. He was always interested in education and one of the thrilling sights of commencement day for the student of W. & J. was to see him, for many years the oldest living grad- uate, heading the procession of alumni, students and brass band, on the march from the campus to the exer- cises in the old Town Hall. His seat at the head of his pew in church was never vacant so long as he was able to attend. Who can measure the influence of a continuous, regular example?

Samuel McFarland, brother of Thomas, of Ten-Mile, was an abolitionist, and was one of the counsel who defended the recaptured runaway slave, Kit, who killed his young master at the red barn just west of the present borough limits. His Scotch-Irish blood boiled at the time he was arrested and convicted for using paper money to pay a small debt of the size which the act of Assembly declared should be paid in coin. His opinion that it was a "dern fool law" did not save him. He left no descendants. His large farm, later known as the Shirls farm, embraced the beautiful tract of land mostly included in the Seventh and Eighth wards of Washington, where his sheep fed on green pastures and beside the still waters of what is now foul smelling catfish. His life was given to pastoral pursuits and wool buying rather than to law. Conflicting land titles had been cleared up and there was not sufficient other busi- ness for the enterprising lawyer.

In the beginning of the last half of the century came bitter partisan politics and lawyers specially devoted to the principles of law and the consideration of previous court decisions. Gow and Murdoch and Acheson and Wilson led one side and Montgomery and Gibson the Democrats. William Montgomery was elected congress- man and served in 1856 and 1858 inclusive, and Robert

M. Gibson and Robert Koontz were the sparkling wits of the bar. Of David S. Wilson, it may be said that he was one of the brightest minded men that ever prac- ticed at this bar.

The approaching war produced excitement and speak- ers and an increase of talented and fearless men ap- peared at the bar in the sixties. The attorneys near the origin of the county had more oratory and flourish, but the leaders of later years became closer followers of precedent and case law as the state reports increased rapidly, and the bar came well up in the front rank of those in the State.

BAR ASSOCIATION.

The Washington County Bar Association was organ- ized October 31, 1892, and is now in a flourishing con- dition and has included in its membership the leading members of the bar of the county. The first officers of the association were: A. M. Todd, president ; L. MeCarrel, vice president ; Samuel Amspoker, recording secretary ; J. F. McFarland, corresponding secretary, and J. M. McBurney, treasurer. The association now has approximately 70 members. The meetings are held in the rooms of the association in the court house. The law library is in charge of the association and Miss Alice E. Jones is librarian.

The objects of the association as stated in the consti- tution are "maintaining the honor and dignity of the profession of law; of cultivating social relations among the members and increasing its usefulness in promoting the due administration of justice."

The two official stenographers of the county since the erection of the new court house have been William E. McEnrue and Miss Jones and their records are always above criticism and are undisputed.

Murder cases were rare until within two decades of the last century. Several of these cases are mentioned in the history of the townships where they occurred. These cases have gradually increased until now little comment is occasioned, unless in a more than ordinary case. Very many homicides are the result of drunken revels among foreigners. There are not many terms when the grand jury is not requested to investigate one or more homicide cases. Civil cases have increased in great numbers and with many complications. The oil and gas development greatly increased the labor of the court and brought further cases which must be decided, involving the application of what formerly would be considered new principles. Many that are now con- sidered among the leading cases have been decided by the bench of this county, especially during the last 20 years of the century, and not many decisions have been over- ruled.

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HISTORY OF WASHINGTON COUNTY

COUNTY ROSTER.

Joseph Ritner, the only governor of Pennsylvania re- siding in Washington County, was in office from 1835 to 1838.

List of President Judges of the Courts of Washington County.

The following named served under appointment:

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History of the city of Washington and Washington County, Pennsylvania and representative citizens 20th century, Part 27

Author: McFarland, Joseph Fulton; Richmond-Arnold Pub. Co., Chicago, pub Publication date: 1910 Publisher: Chicago, Richmond-Arnold Pub. Co. Number of Pages: 1474

Author: McFarland, Joseph Fulton; Richmond-Arnold Pub. Co., Chicago, pub
Publication date: 1910
Publisher: Chicago, Richmond-Arnold Pub. Co.
Number of Pages: 1474