History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical, Part 70

Author: Egle, William Henry, 1830-1901
Publication date: 1883
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1046

USA > Pennsylvania > Dauphin County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 70
USA > Pennsylvania > Lebanon County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 70

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" The late William Graydon, of Harrisburg, was one of the carly mem- bers of our bar. He was the compiler of the book of legal forms, which was formerly in extensive use. He was a man ot medium height, of very gentlemanly mannera, of dark lively eyes, neat, it not precise in dress, and of an intelligent countenance. He was rather too dithdent to encounter the asperities of the bar, and seldom, or perhaps une ver, Was engaged in the trial of canses. He was for many years a justice of the peace. He was an honest Christian man, and was long an elder in the Presbyterian Church. Bis portrait, painted by Francie, is in existence, and is an excellent representation. He word a che, tied with a til bat, and had his bair prawd -red. He died in October, Intr Ige I nearly eighty- two. He was a brother of Alexander Graydon, who was the first pro-

judge who resided in Philadelphia. He was aboutchiman ; was a man . care, it would appear that he was extensively read. It is said that be

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HISTORY OF DAUPHIN COUNTY.

thonotary of this county, he having been appointed to the office, in the year 17-5, by the Supreme Executive Council of the State, of which John Dickinson was then the president. Mr. Alexander Graydon was the author of Graydon's ' Menu ;rs,' which is quite an interesting book. On pages 334-35 of the edition by Littell, is an account of his election. Mr. Alexander Graydon, was a gentleman of very respectable appear- ance of sprightly agreealle manners, very polite, and, as his book shows, a ready and intelligent writer.

"Our courts were attended occasionally by Mr. James Hopkins, of Lancaster. Mr. Hopkins I have often seen and heard at the bar and in the House of Representatives. He was of medium height, and some- what robust in form. He was considered to be an excellent lawyer, but was so deliberate in expression and, perhaps, it may be -aid, matimate in manner, as to Lecouwr rather tiresome in his discussions in court. He could, apparently without nich exertion, speak for half a day or a day on a point of evidence in order, ju end_avoring to enlighten the court, or to consume time till a witness was brought into court, or nutil some other unprepared for event was accomplished. He was in h's practice at the bar, the very oppweite of Thuddens stevens, who hoally settled in Lancaster, who never occupied the time of the court when he had nothing to say that was material to the matter in band, and who seldom occupied more time than was useful to it. I have heard that Mr. Elder considered Mr. Hopkins : ne of the few lawyers in this part of the State who were especially conversant with the law and practice relative to the Orphans' Court. It never appeared to me, however, that there was special intricacy as to anch learning: but Mr. Elder had a great deal of such practice, and put a high e-timate upon the knowledge necessary to understanding it.

"Charles Fall, of Sunbury, also occasionally practiced bere. He was concerned with Charles Smith, afterwards the judge of our District Court when first established, on the part of the Commonwealth, on the trial of Hauer and others, in 1797 or 1798. He was rather above the com- mon height, stout in petson. of ruddy complexion, smooth, handsome face, of gentlemunuly appearance and mmoner, of a highly respectable character, and of considerable ability io his profession. My impression is that he was a ready and agreeable speaker. I think that in the latter part of his life he ilid not seek practice, and that his family, having an ample estate, he probably retired from professional business. Ile died about 1524 or 1:25, aged, perhaps, above sixty.

" When I was a boy going to school, Mr. Laird, Mr. Fisher, and Mr. Elder were the prominent tuetubers of the bar residing in Harri-burg. Mr. David Watts and Mr. Thomas Duncan, of Carlisle, the latter after- ward on the bench of the supreme Court, occasionally attended here. 1

" Mr. Watts was of rough exterior, car less of his dress, and by no means choice in his language. He seemed generally to be nut at all re- luctant to say what he thought, without regard to the feelings of the object of his remarks. Mr. Duncan, on the contrary, wis a man of pol- ished manner, neat and caretul in dress, and bever rude or waatonly disrespectful to others. They were the rival practitioners at Carlisle. I beve heard of an anecdote which somewhat illustrates their respective characters. Oo one occasion in court, when Mr. Watts was annoyed by a remark of Mr. Duncan, be -aid, ' You little' susing some offensive ex- pression), 'I could put you in my pocket.' ' Then,' said Ir. Duncan, 'you would have more law in your pocket than ever you had in your head.'

"I was present at the trial io this place of an indictment in which Mr. Watts was counsel for the defendant. It was an indictment for perjury in qualifying to the return of property br a debtor on his ap- plication for the b-uebt of the insolvent laws. The act of Basedilly re- quirel the applicant to make return of his property. He submitted a schedule, to which he had been qualified, which be declared was a schedule of his property. It was alleged, on the part of the Common- wealth, that there were fraudulent omissions, and that the deponent had thus sworn falsely. But Mr. Watts made the point that the appli- cant in awearing that the exhibit was a statement of his property was not to be understood as dewiaring that it was a schedule of ull of his property, and therefore that he was not guilty of perjury. The court, Judge Franks being on the beuch, instructed the jury to that effert, and the defendant was acquitted. Ic may be sanl this instruction was more in accordance with the dictates of humanity than of law. In other words, that It was not common sense, aol common law is said to be the perfectivo of reason or of common sense. There is i caricature of law in an old English play which represented au entertalument of servauty in the absence of the master of the house. The conversation turned on law. One of the party said that a position -pokeu of ar las was Dot law, that it was there ouLsense. ' Uh,' said the other, 'it may be nou- sense, but still it may be very good law for all that.'

" Mr. Watts once, at the Carlisle bar, quoted from ' Teague O'Regau.' Judge Hamilton asked, ' What book is that you read from " +" Modern Chivalry," your Honor.' It is not a proper book to read from in court,' said the judge. ' I wish,' said MIr. Watts, ' that your honor could write such a hook ;' and he proceeded with the argument.

" There was a case which was, at the time, the occasion of much mer- riment at the expense of Mr. Watts. A man and woman were in his office in relation to some legal matter in which their orarringe was ma- terial. They had been cohabitiog together, and Mr. Watts inquired whether they had been married. Not being assured of it, he directed them to stand up. He asked the mean whether he took the woman to be his lawful wife. To which he answered in the affirmative. To the question to the woman whether she took the man as her lawful hus- luud, or in words to that effect, she replied, ' To be sure, he is my hus- band good enough.' The reporter of the case states that Mr Watts ul- vised them to go before a magistrate and repent the ceremony, but this was not done. The Supreme Court decided that though marriage is a civil contract, requiring no religious ceremonial, yet that it nmust be entered into in words implying a present agreement te contract it ; thuit in this case the woman referred ouly to a past cohabitation, and this was insufficient for the purpose. The case is that of Hantz es. Sealy, and reported in 6th Binnay Reports.

"Mr. Watts was an inipassioned, forcible, and fluent speaker, and was conceded to be an alle lawyer. There was a striking contrast in the appearance of Mr. Watts and Mr. Duncan. Mr. Watts was apparently a strong powerful man, Mr. Duncan was a small man. Their voices were very dissimilar, that of Mr. Watts was strong and rather rough, that of Mr. Duncan was weak, and sometimes quite abrill when excited iu pleading.

" Mr. Duncan was appointed a justice of the Supreme Court by Gov- ernor Soyder in 1-17, in the place of Judge Yeates, deceased. Judge Tilghman, a man of very gentlemanly manners and a model judge, was then the chief justice, nod Judge Gibson was the other associate. Judge Duncan eventually removed to Philadelphia, aod resided there till his death, in November, 1:27. A further notice of bim exists in Day's ' His- torical Collections,' page 265.

"Since writing the above notice of Mr. Watts and Duacao, I have perceived the following in Brackeoridge's ' Recollections of Places and Persons in the West,' the time referred to being in or abont 1807. He says that he attended court at Carlisle, where there were two very able lawyers, Messrs. Watts and Puncan. 'The former was possessed of a powerful mind, and was the most vehement speaker I ever heard. He seized his subject with an Herculean grasp, at the same time throwing his Herculean body and limbs into attitudes which would have de- lighted a paioter or sculptor. He was a singular instance of the union of great strength of wind with bodily powers equally wonderful.

"" )Ir. Duncan was one of the best lawyers and advocates I have ever seen at ay bar, aod he was, perhaps, the ablest judge that ever sat on the Supreme Bench of the State. He was a very small man, with a large but well-formed hend. There never was a lover inore devoted to his mistress than Mr. Duncan was to the study of the law. He per used Coke upon Littleton as a recreation, and read more books of reports thau a young lady read- new novels. His education bad oot been very good, and his general reading was not remarkable, I was informed that he read frequently the plays of Shakespeare; and from that source de- rived that uncommon richness and variety of diction by which he was enabled to embellish the most abstruse subjects, although his language was occasionally marked by inaccuracies, even violation of common grammar rules. Mr. Duncan reasoned with admirable clearness and method on all legal subjects, and at the same time displayed great knowledge of human uatnie in examination of witnesses and in his ad- dresses to the jury. Mr. Watts selected merely the strong points of his case, and labored them with an earnestness and zeal approaching to fury ; aud perhaps his forcible mander sometime, produced a more certain effect than that of the subtle and wily advocate opposed to him '

" Slr. Brackenridge further remarke : ' AAmong the younger members of the bar, John Baonister Gibson, now chief justice ot the State, was the Lost couapucnous. He, even then, bad a high reputation for the clear- ness and soundIness of his judgment and the superiority of his taste.' As to this latter remark I udd, that Judge Gibson had a nice musical taste, and was a superior performer on the violin.

" Judge John Paquister Gibson, whose subsequent distinction as a jurist and in other respects has been so eloquently portrayed by Chief Justice Black in his biographical notice, printed in the preface to 7th Harris' Reports, was, io bis younger days, rather democratically in- clined. In the celebrated case of Eakio vs. Ranh, reported to 12th ser-

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GENERAL HISTORY.

Konnt & Rawle's Reports, Judge Gibson dissented from the opinion of I Tief Justice Tilghman, and in a lengthy opinion contended that though the supreme Court of Pennsylvania had the power to declare at art of our Legislature to be unconstitutional where it conflicted with the l'on- stitution of the I'nited States, yet it had not such power when it conflicted ! merely with the Constitution of the State. But Judge Duncan, in an elaborate opinion in the case, demolished such a distinction ; and Judge liteon afterwards acknowledged the correctness of the decision of the majority of the court in the case of Eakin es. Ranb, in two opinions,- one in the case of Menges es. Wertmen, reported in Ist Barr, 223, and the other the case of De Chastellix ts. Fairchild, reported in 3d Harris.

" Judge Duncan alsu delivered an able opinion in another case on au important question in practice. It had been a question whether the de- etce of the Orphans' Court, ou the account of an executor or administra- tor, was subject to re-examination in a suit in the Common Pleas; and I recollect of a case which balloon tried I Are Judge Gilson, holding a cirenit in Lebanon County, in which items of au account were held liable to be overhaule 1. Bat in the case of MePherson rs. Cunlift, re- ported in 11 Sergeant & Rawle, it was decided that the decree of the Orphans' Conrt on n question clearly within its jurisdiction was conclu- sive as to the parties to it, except ouly ou appeal to the Supreme Court. The case bad heen argned before the Supreme Court by very distin- guished counsel, Mr. Parker Campbell, of Washington, Pa., and Mr. Biddle, of Pittsburgh, on the une aide, and Mr. Baldwin and Mr. James Ross, of Pittsburgh, on the other. No sketch of the arguments of coun- sel is given in the report of the case, but the opinion of Judge Duncan is learned and elaborate.

" When I knew Mr. Saniuel Laird, which was about the time of the war of 1812-15, he seemed to be declining in business and in health. He was a tall, good-locking man, of a mild, gentle disposition, very gen- tlemanly and kind in manner, and was considered to be a good lawyer. In the year 1x11 he erected the three adjoining three-story brick build- ings on Second Street, in one of which I live, and which were then con- sidered to be quite creditable to the place. He died about 1515.

"Two gentlemen read law under the direction of Mr. Laird towards the close of luis life,-I mean Mr. John 31. Forster and Mr. Jacob B. Weidman. Each of them was a member of the bar for twenty or thirty years, Mr. Forster settling at Harrisburg, and Mr. Weidman at Lebanco, fruin which county he bad come.

" Mr. Forster never had an extensive practice, but was for a number of years the counsel of the Branch Bank of Pennsylvania at this place, of which Mr. Lesley was cashier. He conducted with ability the prose- cution of McElhenny, who was tried in April, 155, for the murder of Sophia German. He was not a ready lawyer or speaker, but was pos- Sessed of goud legal judgment when he had time for preparation. Hi- ability lay in another direction. He had a taste for the military profes- sion, and in that line of life might have been distinguished. He was of medium size and was well formed. He was an excellent penman, an accomplishment in which many of the bar are deficient.

" Mr. Weidman was a lawyer of great industry, and bad for many years an extensive and the leading practice in Lebanon County. He was rather above the common size, stout in body, of florid countenance, " It may he remarked that establishing the strength ot a republican system of goverment and its adaptation to a wide expanse of country, and the extending of ' liberty thronghont the laud and to all the In- habitants thereof,' were not the only beneficial results of the late parri- cidal and feudish war. Another highly beneficial result was realized: the furnishing a currency of general circulation throughout the Guion, part of this century, viz., notes entirely, if not utterly, worthless; and othery, though sound, yet of such varied description as to plates as to require critical and judicious examination to distinguish the grunine from the spurious; and even as tu notes Issued in the same State, from the multiplicity of hanks and the variety of notes, calling for a degree of knowledge and skill as to the condition of the banks and genuineness of their issne which was difficult of attamment. of genial and juvial manners, and sermed to enjoy excellent health. He was not a fluent speaker, but was pertinacions m the conduct of his canses, and was slow to compromise, having confidence in his manage- ment of them. He understood the German language, which w48 of great advantage to him in Lebanon County, where that was then the common language, half or more of the witnesses in court then testifying : supported by the government, instead of that existing during a great in German. He enjoyed the confidence of the peuple of that county in bis judgment and integrity to a great degree. Mr. Forster was his in- timate friend, and frequently took part with him in the trial of his canses. Endil that even at this time perhaps half of the witnesses at the Lebanon County Court testify in the German language, and that re- ligtous societies exist in that county in whose charters the nye io their meetings of any other language than the fferman is expressly forbidden, and schools exist in that county in which the English language is not "From lalo till Is30, or some time afterwards, Mr. Fisher and Mr. Elder were in their prime. They were men of very different character- istics. taught. Judge Pearsou has wisely refus. 1 to approve of the charter of any religious society with such a prohibition, as being against public policy and the best interests of the people themselves.

" There was another mietuter of the Harrisburg bar who was well known in his day. This was William Wallace.

" Mr. Wallace was a native of this county. I understand that he stinlied law under the direction of Mr. Kittera, perhaps either in Lan- Caster or Philadelphia. He was admitted to the bar of this county in June. 1792. He removed to Erie, Pa., where he continued to reside till 1s11, when he returned to this place, and when the Harrisbig Bank was established under the bank act of Is14 he was elected its president. 1

Before the banking act of 1-14 was passed there was no bank of Issue in this place. That act provided for one at this place and for nearly forty others in different parts of the State. Governor Snyder was then 10 office, and he vetoed the bill; but the banks provided for in the bill were so numerous that the bill was passed over his veto. Perhaps most of the banks established under it were put into operation, but in many cases, being improvidently managed, and not being required by the business of the community, they produced great injury in their respec- tive neighborhoods.

"The city of Reading had one or more under that bill. Their miode of management was not generally understood by the community; and I have learned that on one occasion a man, unsophisticated iu banking matters, came to the bank with his own note and applied for a loan. He was told that he minst have an indorser. Ho innocenth. asked where the inddorsers lired, supposing that there was a class of men designated by law to indoise notes.

" Another man in Berks County, supposing that he could make money out of the operation, gave out that he would indorsa notes for teu per ceut. of the proceeds; but the result was unfavorable to him, as his lia- bilities became greater than his receipts.

" Harrisburg was an advantageous location at that time for a bank from its beiog on the river and under the influence of the lumber trade, which gave it the advantage of a large and extensive circulation ; and the llarrisburg bank was a success. It has always maintained a fair reputation, and is considered as one of the soundest of such institutions in the State. The present cashier, Mr. James W. Weir, has for many years been connected with it in that capacity, and enjoys, in a high de- gree, the respect and confidence of the community.

" Front the establishment of the bank nutil near the time of his death Mr. Wallace was its president, and it may be inferred that his course in relation to it was judicious.

" I was too young, and was then too much absent from home at col- lege, to know him otherwise than by sight. He was one of the exam- iners of Col. Roberts, when on examination for admission to the bar, and he expressed himself as much gratified at the gentlemanly conduct of Olr. Wallace on that occasion, he interfering when a question of prac- tice was put, a point with which, in his opinion, Mr. Roberts was not reasonably supposed to be acquainted. The acquaintance continned, and Mr. Roberts entertained towards him much respect as a lawyer and a gentleman. Ile does not seem to have been extensively engaged in the practice of law here, yet the respectability of his character rendored him a credit to the bar of this county. His wife was a daughter of William Maclay, who was a senator with Robert Morris, from Pennsylvania, in the First Congress. Mr. Wallace was the father of the widow of the late Rev. William R. De Witt, late of this place, and of the Rev. Benjamin J. Wallace, of Philadelphia. He died in this plice in May, Isto, in the forty-sixth year of bis age. The Rev. Benjamin Wallace was the author of an interesting article relative to the early settlements of this State, containing remarks relative to tho killing of the Indians at Conestoza and Lancaster, and a enlogy of the Susquehanna, which has a place in the history of this society.

" Mr. George Fisher was possessed of mild, gentlemanly manners, and way bind in his intercourse with the young members of the bar. He bad a roddy complexion, a fine fare, and handsoire hend. He was .4 large man. in his youth was probably quite strong, and was quite theshy toward the end of his professional career. . He was remarkable for the musical character of his soses and the distinctness of his utterances. When standing at his other-door on the south west corner of the market square, where the Presbyterian Church is now erected, be could be beard, with consuleratde distinctness, fifty yards off. He had also re-

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HISTORY OF DAUPHIN COUNTY.

markably strong eyes. I have seen him reading in court, with a candle (we had then to gas) held in one hand and a book or paper in the other, and the candle held so far forward that he seemed to look almost through it.

"He seemed to have been extensively engaged in litigation in eject- Dent care, depending on original title, which were then a fertile subject of dispute in our courts an.l in those of the neighboring counties, He occasionally, and perhaps for a buntber of years, atten-led the sunbury court. In my time at the har he was frequently, so tar as respected the facts of his case, not ready for trial, though when he got them fully out he would often manage theni well. He seemed to be fond of the study of the law nod had a considerable Low library. When Jude Franks resigned, Calvin B'sthe, then, I think, Secretary of The Cotat in wealth, was spoken of as his successor. Mr. Fisher also desired the appoint- ment, and said that esperience at the bar was necessary for that position, and that Calvin Blythe had not halo sotien y of it. Indge Blythe was, however, at pointed. It happened, aftera while, that a -mit ww oo trial before him in which Mr Fisher was the defemleast, and it was one of considerable magnitude. Jiige Blythe charged in favor of Mr. Fisher. This effected a revolution of opinion concerning the judge in the mind of Mr. Fisher, and he said that he began to think that the fellow would make a pretty good judge. Sever il years before his death he retired from practice at the bar and resided on his farm bel wy Middletown.

" Mr. Thomas Elder led the bar here in amount of business f : per- haps twenty or more years. He was remarkably industrious. being gen- erally in his office late at night. When in court and not engaged in the trial of a canse, or with business in the Orphans' Court, of which he had a very large share, ne usually was engaged. oot in conversation like other members of the bar, Int in writing. He was nearly always ready for the trial of his cause, and was usually quite familiar with the facts of his case. It was not common for him to ask a continuance of a case when with reasonable vigilance he could have been ready ; but Mr. Fisher was frequently in a condition to render a continuance destratde. Mr. Elder was merely a lawyer and man of business. He butd little in1- agination ; and his reading, except of law, appeared to have been very limited. He had an extensive acquaintance throughout the county; and when he had important cases ou hand looked well to the connection between parti -- and juror -. He seldom indulged in recreation ; his time was pretty much uccujaed by attention to his profession aud to the care of his property, of which he had a large share. He was for many years the president of the Harrisburg Bank, which fact probably contributed to the extension of his business. He had also a large professional busi- ness in Lebanon County ; but I never knew of his attending court in any other county. He was possessed of strong prejudices, and it is proto- aule that it would have been difficult for him to forgive any one who had offended bim in any material matter. But he was not without gen- erous impulses. When he took a fancy to a person he would s. metimes be social and liberal, not merely in words, but in a pecuniary way; but when he entertained a dislike, he was rather unrelenting. Hereul law with Gen. Hanna.

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History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical, Part 70

Author: Egle, William Henry, 1830-1901 Publication date: 1883 Publisher: Philadelphia : Everts & Peck Number of Pages: 1046

Author: Egle, William Henry, 1830-1901
Publication date: 1883
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1046