USA > Pennsylvania > Dauphin County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 67
USA > Pennsylvania > Lebanon County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 67
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Alexander Graydon was the first prothonotary ; Anthony Kelker, the first sheriff; and Rudolph Kelker, the first deputy >heritt.
In the Freeman's Journal for March 4, 1789, is the following squib : " From a lawyer who could not attend Dauphin Court to his friend, a lawyer at Harrisburg.
" At Dauphin Court, tho' fond of sport, The prospect is so barren. I can't attend, my dearest friend, Where there's more crow than carrion. " There's Wilkes and Andre, John and Joe, And Peter, too, so pliant : If you but flinch and stir an inch They're sure to nab your client.
" There's Father Smith and Brother Yeates, And little Tom and Stephen, When one sits down the other prates, And so they both are even.
"With hooks and crooks and musty books, Whilst candles waste in sockets,
The court perplex and juries vex, And pick their client's pocket3.
" When Court is ont, away they scont, Sworn enemies to quiet, Drink wine at Crub's, kiss dirty drabs, And spend the night in riot."
By reference to the early portion of the roll of practicing attorneys it will readily be seen to whom the stanzas allude.
Among the early cases which came before the court was one for " blasphemy," the first, and perhaps the only, case of trial and conviction for that erime under an old Provincial law. We present the account to show how our ancestors, who were just as tolerant as we, treated blasphemy with proper severity. The foundation of our government and our advancement in civilization re-ta upon the upholding of the revealed religion of the Christ of Nazareth, and 'if the law of God is of no avail, the civil law should stretch out its arms and check the headlong career of all blas- phenters. We copy the account from the Oracle of Sept. 17, 1799:
" At the Court of Oyer & Terminer, held in this town on the 11th ult, one -- , tobaccobist and fiddler, a man who has a wife and Bevera! young children, was convicted of an indictment for BLASPHEMY. In order to give the reader a more perfect idea of the magnitude of the crime, we extract from the indictment the following:
"The Grand Inquest for the body of the connty of Dauphin upon their paths and affirmations respectively do present, that - - , 3 ... bacconist, not having the fe ir of God in his heart, but being moved and seduced by diabolical iustigation, and contriving and intending A !. mighty God, and our blessed Saviour Jesus Christ to blaspheme and dis- honor, the first day of September, in the year of our Lord one thousand seven hundred and ninety-nive, at the county aforesaid. and within the jurisdiction of this Court, in the presence and hearing of divers liege subjects of the Commonwealth of Pennsylvania, well understanding the English and High Dutch languages, falsely, unpiously and blasphe- mously did say, speak, and with a loud voice pronounce and publi-h in the High Dutch language, these false, impions and blasphemous words, to wit . * Chinst four blessed Saviour Jesus Christ meaning) is a . . . If Christ is the Son of God (meaning the Almighty God) then God hath . . To the great dishonor and contempt of Almighty God and our Saviour Jesus Christ-to the evil example of all others in like manner offending, contrary to the laws, and the act of General Assembly of this State in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania, &c
" The prisoner being arraigned, plead not guilty, but afterwards To tracted his plea and submitted to the Court. Whereupon the Court gave judgment that he pay a fine of Elo, for the use of the poor of the county of Dauphin, suffer three months' imprisonment in the jail of said county, and pay the costs of prosecution. The Court also directed that he be bonad to keep the peace and be of good behavior to all the liege citizens of the United States for seven yeara, himself in +00 dls. and one surety in the like sum of 400 dls."
The courts were afterwards held in the old log jail. which stood until recently on the northwest side of Strawberry Alley, a short distance northeast of Rasp- - berry Alley, and also in a log hou-e which formerly stood on the lot now occupied by No. 311, on the ea-t side of Market Street near Dewberry Alley. From 1792 to the year 1799 inclusive were occupied in the --.. construction of the first court-house ; at least, the ex- penditures' for the erection thereof cover that period.
1 From the "Order Book" in the commissioners' office we glean the following as the expenditures for the erection of the court-house:
James Mitchell, Mitchell & Kapp. John Keau,
new Court-House.
8 9 10
5 6
79 10 0
=
93 72 0
44
500
()
100 =
0
1
0
John Kean & R. Harris,
64
10 14
44
152 4
150 0 0
250 0 1
75 16 11
Robert Harris,
18 15 0
37 10 11
75 0 0
44
3
4 12 1
44
30 7
3
Trustees,
200 12
=
11
2575
3
John Coming,
=
5
=
James Ingrahalu,
1
3 11
John Palaley.
14
1 .
Connelly & Ruwan,
112 15 115
Freuemich Cleckner,
2 17
12
2 14 3
..
400
0 0
75 0
5
17 12
44
$ 1.3
Benjamin Kurtz,
William Wray, C. Kunkel.
£ s. d. 103 0 0
261
GENERAL HISTORY.
as we attain from the records in the office of the county commissioners. The old jail was erected about 1790, perchance a year or two earlier, as among the earliest accounts are sums of money paid for the erection of "a stone wall around the goal."
of the president judges, and members of the bar of the county, prepared several years since by the late George W. Harris, and by him revised for this his- tory of the county of Dauphin. We first give the list of judicial officers :
OLD COURT-HOUSE.
PRESIDENT JUDGES. -
Commission.
[Under Constitution of 1776.]
Timothy Green ..... April 2, 1783
[Under Constitution of 1790.]
William Augustus Atlee ... . Aug. 17.1701
John Jos Henry ... Dec. 16, 1793
Walter Franklin ... Jan. 18. 1:11
Ellinaker
Tres. Dec. 21, 1.16) July 3, 115 Davul Scott ires.
July 20, 1 -1~) .... Dec. 21, 1816
Samuel D. Franks Trex. Jan. 12.
Robert MI. Hender-
1 × 30) ... .. ..... July 29, 1818 |
Calvin Blytite (res.
.June 20, 18 39 .. Feb. 1, 1-30
... (٣٥)) ..... .....
ADDITIONAL LAW JUDGES.
Robert M. Henderson was ap- pointed additional law judge for Twelfth Judicial District, Ppc. 3, 1:74, and resigued in 1982, and commu-sioned president julgo Jan. 13, 1-42.
John W. Siminton, Der, 8, 14-1,
and commissioned privident
judge Feb. s. 1588. John B. McPherson. Feb. 8. 1552, and tor ten yery Dec. 13, 1992.
Adilitional Law Judoes.
[A District Court, expired by limitation.]
Isaac D. Barnard.
Henry Branner.
Nor B-11 112 10 0
€ s. d. 14 7 2
Brujamun Trego, new Court-House.
4 15 71.
Charles Rowen,
14
4 11 1
Henry Bruner,
: 17
H Kekeit, Jail and
17 16 9
HI Far.
Tout- Hause Fell
1,1 1= 10
Erridne of The.Il
$ 1; 10
Charles Smith. Ebenezer G Brailford.
Commission.
(red.).
Calvin Blythe (rys.) Feb. 5, 1832
Nath'l B. Eldred .... March 30, 1543 Julin J. Pearson .... April 7,1849
John J. Praison (elected for 10 Years ) ... March 6, 1851
John J. Pearson lelected for 10
VPAT -.......... .... Nov. 20, 1861
Jolın J. Penisun elected for 10 year-) Nov. 7.1871
sutitres. Jan. 13, 1882
John W. Simontou for ten years !... . Feb. 8, 1852
Becoming too Small for the different offices, as well for the courts, the building was taken down and the present modern and capacious edifice erected.
In this connection, and as a part of the history of the courts of the county. we give the remini-cences
When the capital was removed from Lancaster to Harrisburg the court-honse was given up to the uses of the Legislature, by which it was occupied until the completion of the State cap- itol. on the 2d of January, 1822. During a portion of this period the building now known as the White Hall, on Market Street, was used by the courts until the commissioners of the county erected the brick building- on the northwest corner of Wal- nut Street and Raspberry Alley, into which the court moved and which it occupied until the Legislature vacated the old court-bou-e. This building. of which a representation i- given, was an antique-looking structure of briek, two stories high. with wings and a semi-rotunda in front, the whole surmounted with a circular wooden cupola con- taining a bell. On the grounds of the residence of Rt. Rev. Bishop Shanahan this cupola can be seen, while on the barn of the Calder estate, adjoining the new reser- voir at Harrisburg, is the Indian warrior which sur- mounted the ok! cupola. The semi-rotunda was added to the main building by the State at the time of its occupancy by the Legislature, the Senate con- vening in the main room on the second floor, and the House of Representatives on the first floor. The former room was afterwards used for public meetings, lectures, and by the different religious denominations prior to their permanent organization as a place of worship.
Bricker & Beunett, L. Semmers.
Jatnew MI Porter July 14, 1839
Anson V. Parsons July 16, 1940
262
HISTORY OF DAUPHIN COUNTY.
ASSOCIATE JUDGES.
Commission.
John Gloninger ...
Ang. 17. 1731
Mordecai McKin-
John Carson (d.
1817)
Aug. 17, 1721
David Harris res
Feb. 20, 1.02 ...... Aug. 17. 1.31
March _0, 1-47). Nov. 12, 1=27
Joshua Elder (fr%. April 1s, 1702 ... Aug 17, 1,91
Angust, I=29) .... Jan. 26, 1-32
John Kean
Ang.
*, 1722
William Dock ..... March 1-, 1-40 John C. Bu her re-
Thomas Fur-ter
(res. Dre. 4. 17)} {)ct. 20. 17 3
appointed) ...... March 1. 1-45
1×13. ..
Oct.
2,179%
William Maclay ...
Dec. 11. 179-
Angustus O. Heis-
Edward Crouch ....
March 16. 1-13
Obed Fahnstoch
(rea. July 30
Nov. 12, 1-13
Samtnel Linds .
23, 1-61
George Whitehill
Moses R Young
(re-elected .... Nov. -, 1-66
Jacob Bucher rd.
October, 1:27. .. Aug. 1\, 1-1>
Ipuis Green 'res. :
elected)
Nov. 17, 1871
elected to Con-
gress) .. Ang. 10, 1×19
{Under the Constitution of Ist3, office abolished.)
THE PRESIDENT JUDGES OF DAUPHIN COUNTY.
[As before noted, the following interesting inci- dents are from the pen of the late George Washing- ton Harris. It will be perceived that he does not refer in this connection to the first president judge learned in the law. William Angu-tus Atlee.)
" Judge Henry was, I understao.l. a native of Lancaster county. He wa- a large man, perhaps above six feet in height, and he was lame from a rheumatic affection, contracted probably when in the military service. He had been in the Revolutionary army, and was in the Quebec exp .. . dition in 1775, and sul sequently wrote a narrative of that expelition. which is now a scarce look. I do not distinctly recollect of ever seeing bim. I know nothing personally of his ability as a judge, but never beard it questioned. He presided, in the year 179-, at the trial of Haner and MeManus for the murder f Franei- Sheetz, and from the report of that case I would judre quite favorably of his capacity. He also wrote the will of George Firy for the foundation of the Emaos Orphan-House. He died when in Lancaster. Lancaster County forming a part of his ju- dicial district. His family liv din Harrisburg after his death for sev. eral years, and several of his daughters were zealous, active menibers of the Methodist Church.
" The case of Hauer And MeManu-, as I have intimated, was reported. It was one of the most interesting murder triils which ever took place in the State. It was devised by Hauer for the destruction of the lives of Francis and Peter shortz his brothers-in-law, by whose death be desired his wife to come into possession of a considerable estate. Mc- Manus was a young Irishman, who, when executed, was not twenty-one years of age. He had ledi rither ao irregular life in his own country, and was seduced into this outrage through Putrick Donagan, who lived for a time with John Harr. Doagain and others were also indicted for the murder, but none were . uvicted Imt Hauer and MeManus.
" A degree of ability was heplayed by the counsel in this case which has seldum heen equaled at any criminal trial in the interior of this State. Charles Smith, of Lancaster. Charles Hall, of Sunbury, and Matthew Henry, who. I understand, was a brother of Judge Henry, were concerneI on the part of the Commonwealth. Thomas Duncan, of Carlisle, afterward Indge Duncan of our supreme Court, James Hopkins, William Montgomery, of Lanci-ter, Georz- Clymer, uf Read- ing, who had been a miem er of the convention which forosed the Constitution of the United States, and Mevery. Fisher, Elter, and Laird, of Harrisburg, were concerned for various of the prisubers, Messis. Duncan, Fisher, Elder, Laird, and ligger were concerned for Ilquer.
" A bill had been at Sret fand azain't John Haner and Peter MIc- Donough as principals, and against Patrick Dougan, Francis Cos, IIngh Mcdonough, and Elizabeth Haner, who was the wife of John Il ver, as accessories hof to the fast
" Hauer was put upon nia !. It was intended on his trial to use Me. ManUITAs a witness on the pitt of the Commonwealth, as be alleged that the murder had been committed by Hauer and Peter Me Dohongh
while he held their horses at the end of the lane. But on the trial Haner sent for the president and Judge Gloninger and made a conf.4. -ion of his guilt as an accessory before the fact, but denied that he was present at the commission of the murder, which he alleged had born committe I by M Manns and Peter MePonongh, and that the rest of the prisoners were accessory before the fact. It appearing probable that MeManns was present at the murder and was the person who shot the deceaseil, he was not examinedl as a witness on the trialof Ihiner. The jury wis discharged from giving a verdict as to Hauer and the cases were continued until the next term. In this proceeding the counsel of Hauer declined to interfere as they had not been consulted by Haner ax to bis confession, and they considered that he had by that act taken his caso out of their hands. At the next leim a bill was found against McManus as the person who committed the murder with a pistol or axe, and one against Haner and others for procuring and abetting it.
" McManus was tried and convicted on his own confession.
" When the case of Haner And others was called up, it was objected by Duncan, Fisher, and Clymer that Haner was in law discharged, as tha jury in his case at the former term had been discharged withont hi- consent, and it was alleged that he could not be put in jeopardy of lif- twice for the same offense. Able and learned arguments were made by them, aod by Mr. Hall and Smith on the part of the Commonwealth. It was contended by them that the proceeding which should lar a sec. und trial must be an actual acquittal by verdict on the general issie . p. 35) ; and further that there must have been a verdict of not guilty on an indictment free from legal error, and that in this case of Haner the first indictuent was defective, it not having been alleged in it that Francis Sheetz died of the wounds received. Judge Henry beld that such omission was fatal to the indictment and was conclusive in the matter; and that it was therefore unnecessary to decide the other question. As Il ver therefore conld not bave been legally convicted on the first indi inrent, his case and that of Donegan and Cox was called up. On being Called un to plead, Haner stood mute. The court, considering that he stood mute front obstinacy, directed the plea of not guilty to be enteredl for him.
" Donegan and Cox objected to being tried with Huner, but the court decided that the matter was within the discretion of the prosecuting officer, and they were accordingly tried together. The confession of Hauer was used against him, and testimony given a- to Donegan and Cox. Haner was convicted und Donegan and Cox acquitted. A bill was found against the wife of Haner and Ingh McDonough, but no evidence was given on the part of the Commonwealth and they were acquitted. It would appear to me probable that if Hauer had not made confession of his guilt he would not have been convicted, as the persons present in the room where Francis Sheetz was killed The was first shot with a pistol and then struck with an axe) could not identify the murderers, they having their faces congealed, and the candle in the room being ex- tinguisbel by accident.
"The case was another illustration of the saying that ' murder will out." As observed by Webster in the Crowningasbield case, the -veret is often too deep for concealment and must be confessed. Hauer, in this case, confessed and acknowledged his written confession on being ar- raigned on the first indictment, but when arraigned in the second in ict- ment he did not speak and never spoke publicly afterwards, and was eventually hanged without publicly speaking a word. However, it is worthy of remark that when the jury were ready to deliver their ver- diet, and the clerk proclaimed, 'John Haner. hold up your hand,' Le helI it up.
" Me Manns made a confession subsequently, which was published. In this he persisted that he was not present at the house when the mur- der was committed, but that he held the base at the end of the lane. He also declared that when Haner and himself were confined in the sime apartment in the jail, Hauer declared that he would behave iu such a manner as to induce a belief that he was insane.
* A report of the trial was published by Mr. Wyeth, from which I have made up this stit ment. Haner and MeMauns were exernte l bu Capitol Hill in July , ITUS.
" Ing- Henry was followed in the judicial office by Walter Franklin, of Lancaster, who was commissioned on the Isth of January, 1-11. He hver in Lancaster when appointed by G wernor snyder, and was a new of very gentlethanty appearance. His judicial administration was the krisfactory to the bar in Lincaster " unty, where he afterwards pit sided, and when acting as judge in that county at least two attempt were made before the Legislature to effect his removal, either by a i . or impe ichmint. Our one of those occasions he was det -uded by J.un . Hopkins. a veteran attorney of Lancaster. During the proceeding of the managers of the flower concluded his address late in the Hiter
James Minnie id. Sept. 15. 1793) .... Feb.
23. 1722
John C. Bucher .... Au= 9, 1-39
Samuel Muore ......
Matt. B. Vov den ... March Is, 1-48 Ang. O. Heister ..... March 12, 1'i0)
James Cowden (d.
Win. F. Murray ... Nov. 10. 1-31
ter :re-elected) . Nov. 12, 1-56
Felix Nissley Nov. 12, 1-56
Moses R. Young ..
Nav. 23, 1561
(res. July 30, 151%1 .. Oct. 20, 1817
Isaac Momma .... NOT. 2. 1.66
John D. Suy ler ..... Nur. 17,1-71
Isaac 3Inmorvore-
Jr. res.
Oct. 23, 1827
Val. Hummel (res.
Fred Hummel ... Feb. 5. 1-47
-
263
GENERAL HISTORY.
hoon. Mr. Hopkins rose and asked that the House adjourn till the next day to afford him an opportunity for more special preparation. The House, however, was fatigued with the length of the proceeding and retused to adjourn, and Mr. Hopkins, being obliged to proceed, rose and stated that he would divide his proposed argument into a considerable umtuber of heads, and the first head of his argument into various parts. A member immediately rose and moved that the House adjourn in order to afford to the conusel an opportunity to condense, and the House ac. cordingly adjourned.
"Ou the first proceeding before the Legislatore in his case the judge cuune off successfully, but on a second or third proceeding it was said that he had written on both sides of sente political question ; and this was considered to be so grave au offense, that, fearing a more nofavor- allo result, the judge resigned.
" In one of the proceedings against Judge Franklin, one of the man- agers on the part of the Hunse was Andrew Stewart, of Fayette Covuty, who was a candidate for Congress in Is70, against MIr. Fuster, the for- mer mebiber, and Mr. Stewart was then the Inat survivor of the Legis- lature to which I have referred. On one of the saDie pre ceedlings. per- haps the same one, against Judge Franklin, my old friend Richard Coulter, afterwards e judge in the Supreme Court, was also a manager on the part of the Hoosa. He was frequently poetic in speech and in writing. I tecollect one of his figures on the occasion referred to. He said substantially that the judiciary of Pennsylvania should be like the guardian angel of old, standing on the battlements of the Constitution, waving the sword of justice to and fro, to keep corruption from its base.
" As I was on quite friendly ternis with Judge Coulter during my ap- pointment as reporter, I desire to be excused for referring in this place to another eloquent passage from one of bis judicial opinions. It is in his opinion, in the case of Supplee rs. Hausell, reported in 5 Harris Re- ports, 388-9. An individual granted a piece of ground for the erection of a church and for the use of a burial-ground, reserving the right to bim and his wife to tauld a vanlt or vaults in it, and to keep the saDie in repair. Sonie of the grandchildren bad another vanit made, appro- priating four burial-lots on the ground. This was olgjected to by the trustees of the church, and the decision of the Supreme Court was ad- verye to the claim of the defendants in the case.
"Judge Coulter, who deliverel the opinion in the case, observed "there is roomt yet in the family sepulchre; Unt if the grandchildren do not like the cold and lovely dampness of that place, but prefer that their narrow house should be visited by the glimpses of the sun and moon, and be fanned by the breezes (and the thoughts and feelings of this life often liuger about the grave, they can enjoy that preferene- by bring buried as most other people are buried, and like other members of the church, in the bosom of mother earth, with the green sod over them.'
" The successor of Judge Franklin was Anne Ellinaker. He was born in Earl township, Lancaster Co., on the 2d of February, 1757. After graduating at Princeton, he studied jaw for one year with James Hop- kins, of Lancaster, then a year at the Litchfield Law School, and con- cluded bis studies with Thomas Elder, of this place, whose daughter he married. He was admitted to the bar at December term 1408. He was elected to Congress, but declined to serve, and twice refused a tender of a cumimi-sion ns a judge of the supreme Court Ile continned in the practice of the law at Harii-borg until his removal to Lancaster, io June, 1821. He went to Baltimore in the year 1914 As an aid to Gen. Forster. He was comuni-sioned as judge in July, Is15, and occupied the bench till December, 1816. Ite was reputed to be a gond lawyer. His aldresses to the jury, when at the lar, were clear, distin t, and argu- mentative, but by no means oratorical He left the bench in December, 1816, for what reason I do not know. He held an elevated position here, itnl was appointed attorney-general by Governor Findlay. He, however, contracted the odium of the Governor's friends by refusing to defend him before the Legislature, when unjustly assailed by a Phila- delphia faction, headed by the celebrated John Binns. This refusal may have been owing to the fact that Mr. Thomas Elder, bis father-in- law, was one of those who urged the prosecution.
"The Governor was defended by George MF Dallas, of Philadelphia. The chairman of the committee of the House was William Wilkins, of Pittsburgh, who Diale & report favorable to Governor Findlay. Mr. Walkins was afterwards rewarded for bis action by appointment as a Judze in the Pitt-burgh district, to fid a vacancy, opportunely for him, happening through the death of Judge Roberts, a few days, perhaps w. thin two days, before the termination of Governor Fu.lay's official term. He was appointed on the Isth of December, 18en, Mr. Tidlay having been inaugurated ou the Isth of December, 1917, his executive turm bring for three years.
" Mr. Elloather, as before observed. afterwards removed to Lancaster,
and was, after the lapse of some years, a candidate for the Vive P'resi- deney, on the ticket with the celebrated William Wirt. He died in November, 1-51.
" Mr. Illmaker was succeeded as judge by David Scott, who was ap- pointed by Governor snyder, and was commissioned in December, 1>10 He was a native of New England, but was settled in Bradford County at the time of his appointment. He is said to have been a good lawyer. Ho is also said to have been pugnacions in his temper. I have heard it ob- served that if he had been in military life he would most probably have been distinguished. I have no recollection of ever seeing him on the bench, but saw him after he had Jeft Harrisburg as his place of rea- dence, and when I saw him he was somewhat deaf. He resigned bis position as judge of this district, having been appointed to another dis- trict in the northern part of the State.
" Knowing little of Judge Scott, I addressed Judge Woodward, late of our Supreme Contt, for information as to hint.
"Judge Woodward states that Judge Scott was a native of Connecticut, and that he settled in Bradford County. When Ju trze Scott way up- pointed to this judicial district, Judge Gibson was the president judge in the Bradford District, to which he had been appointed by Governor Snyder. A vacancy happening on the supreme Beucb, Judge Gilaog was appointed by Governor snyder as a supreme judge, and Junge Burnside was appointed to the Bradfor I district, then consisting of the counties of Luzerne, Pike, Wayne, susquehanna, and Bradford Judge Burnsyle, after presiding in that district for above a year, resigned, and Judge Scott was appointed. the district having been reduced to the conn- ties of Luzerne, Pike, and Wayne. Judge Woodward states that Judge Scott presided in that district with great ability until the year los. when in consequence of increasing deafness he resigned iti favor of Na- thaniel B. Eldredl ; but Governor Ritper appointed Judge Jessup instead of Mr. Eldred. Judge Scott lived several years afterwards, and died at Wilkes-Barre. Judge Woodward states that Judge Scott while on the bench also acted as canal commissioner for several years, but without compensation ; and Judge Woodward further writes that Judge scott was a man of great clearness and force of intellect. He had not been thoroughly educated either in literature or law, but he supplied bis de- ficienrival y application and force of character. He was an honest, un- right judge, a little overbeating sometimes, and always of irascible trm- per; and on the whole an excellent officer both a, judge and canal commissioner. He was the founder of the Episcopal Church in Wilkes- Barre, and justituted in hi- office there the first sunday-school that was organized in northeastern Pennsylvania.
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