Standard history of Pittsburg, Pennsylvania, Part 43

Author: Wilson, Erasmus, 1842-1922; Goodspeed, Weston Arthur, 1852-1926. cn
Publication date: 1898
Publisher: Chicago : H.R. Cornell & Co.
Number of Pages: 1192

USA > Pennsylvania > Allegheny County > Pittsburgh > Standard history of Pittsburg, Pennsylvania > Part 43

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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but very mildly, considering his presumption and impudence. This led to the impeachment of Addison and his removal. There never was a more unjust and oppressive proceeding. The rancour of party spirit removed one of the purest and ablest judges that ever sat on a bench in the county, and made a record that will ever be a disgrace to the State. He died in 1807. He published a Volume of Reports, mainly his own decisions, which shows his ability.

H. H. Brackenridge came from the eastern part of the State and located at Pittsburg a few years before the county was organized. He was a seif-made man. He was a good linguist, a great reader, and had a remarkable memory. From the start he was the leader of the Pittsburg bar. In early life he pre- pared himself for the ministry, was a chaplain in the army, and for some years exercised as a minister. But, not believing in the theological dogmas of the day, he abandoned that calling and took to the legal profession. He was an active Democratic politician, and, when that party got the ascendency in the State, he was appointed by the Governor an associate justice of the Supreme Court, which position he held from 1800 to the time of his death, 1816. He was a prolific writer; wrote many articles about the early days and scenery around Pittsburg, which were published in the Pittsburg Gazette; numerous pamphlets, and a most amusing novel, "Modern Chivalry." This was after the style of Don Quixote. It was as full of adventure, wit and humor as its great prototype. No American book is equal to it in this respect.

James Ross was one of the intellectual giants of the early days. He was admitted to the bar in York County in 1784; moved to Washington, Pennsyl- vania, and in 1795 moved from there to Pittsburg. He was in the Constitutional Convention of 1790, was elected to the United States Senate in 1794, to fill the unexpired term of Albert Gallatin, who had been declared ineligible, and three years later reelected for the full term of six years. He was a firm Federalist, and three times the candidate of that party for Governor, in 1799, 1802 and 1808, but defeated each time. In 1808 the Federal party lost its power and Mr. Ross retired from politics. He devoted himself to his profession and making money, in which he was very successful, acquiring a large amount of real estate. He owned the land on which the courthouse now stands. He was an able lawyer, an honest man, a conscientious and brave citizen. He took a bold stand against the popular current in the whisky insurrection, and by his power- ful speeches at their gatherings stemmed the torrent, prevented much lawless- ness, reclaimed many, and prepared the way for a peaceful settlement of the troubles. He was the trusted friend and adviser of General Washington in the settlement. He died in 1847.

The lawyers that have been admitted to the bar since 1788 may be divided into three divisions or generations; the first from 1790 to 1830, the second from 1830 to 1860, and the third from 1860 to the present. We can only glance at a few of the leading ones in each generation.

In the first generation we have Henry Baldwin, Walter Forward, Thomas Collins, John Kennedy, Steel Semple, Sidney Mountain, William Wilkins, H. M. Brackenridge, Charles Shaler, Richard Biddle.

Henry Baldwin was born in New Haven, Connecticut, graduated at Yale College in 1797, studied law, and moved to Pittsburg about 1799 or 1800. He was ranked as one of the great lawyers of the country. In 1817 he was elected to Congress as a Federalist, and twice reelected. He resigned in 1822. In 1830 he was appointed justice of the United States Supreme Court, and con- tinued on the bench until his death in 1844. He was the author of a work, published in 1837, entitled, "A General View of the Origin and Nature of the Constitution and Government of the United States."

Richard Biddle was a brother of Nicholas Biddle, the famous president of the

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United States Bank of Philadelphia, which was ruined by the veto of President Jackson. Richard was born in Philadelphia in 1796, received a classical educa- tion, was admitted to the bar, and came to Pittsburg, where he soon attained a high position at the bar. In 1827 he went to Europe and remained abroad three years. While there he published a critical "Review of Captain Basil Hall's Travels in North America." He also published "A Memoir of Sebastian Cabot, with a Review of the History of Maritime Discovery." He was elected to Con- gress as a Whig in 1837, reelected in 1839, and resigned in 1840. He died in 1847. He was a strong man and most forcible and eloquent speaker.

H. M. Brackenridge was a son of H. H. Brackenridge, and admitted to the bar in 1806, but never practiced to much extent in Allegheny County. He practiced a while in Baltimore, in Somerset County, Pennsylvania, and in St. Louis, Mo. He devoted more time to literature, and was the author of numerous pamphlets and several substantial volumes. He was judge of the District Court in Louisiana in 1812, when only twenty-three years of age. In 1821 was appointed United States Judge of the Western District of Florida, and held the office till 1832, when he moved to Pittsburg. In 1840 he was elected to Congress from Allegheny County. In 1841 he was a commissioner under the treaty with Mexico. The latter part of his life, until his death in 1871, he remained in private life, devoting himself to literature. He was an accomplished scholar, of extensive reading, and prolific author, in this respect even excelling his father. John Kennedy was from Fayette County, but also practiced in Pittsburg. He was appointed a judge of the Supreme Court of the State in 1830, and continued on the bench until his death in 1846. Of Thomas Collins, Steel Semple and Sidney Mountain we know but little except by tradition, which. gives them an honorable position at the bar. Thomas Collins is better known, and lingered longer on the stage. He is remembered by some now living as an upright man and a worthy citizen.

Walter Forward was a great man in every sense, morally, socially and intellectually. He was born in Connecticut, 1786. When fourteen years of age his father moved to Ohio and began to clear his farm and establish a home. Young Walter worked on the farm three years, spending his evenings and leisure hours reading. When seventeen years old he started on foot, with a small bundle of wearing apparel in his hand, for Pittsburg, to read law, knowing no lawyer in the city, and a total stranger to all. He had heard of Henry Baldwin, and sought his office on Market Street. He had not a dime in his pocket when he came to the city. By great economy, writing articles for the newspapers, and editing the "Tree of Liberty," which brought him some funds, he struggled through and was admitted to the bar in 1808. He rapidly advanced to the front rank of the profession. He was employed in nearly every important case. His arguments to court and jury were always brief, logical and to the point. He spent no time in ornament or display, and did not weary court or jury with a loud, boisterous, rambling speech. In 1822 he was elected to Congress, as a Democrat, and served till 1825. He supported John Quincy Adams for Presi- dent in 1824 and 1828, and thereafter was known as a Whig. He was a member of the Constitutional Convention of 1837; in 1841 was appointed by President Harrison Controller of the Treasury; in September of that year, appointed by President Tyler Secretary of the Treasury. Retiring from office in 1843, he resumed the practice of law in Pittsburg. In 1849 he was appointed by Presi- dent Taylor Charge d'Affaires in Denmark. While there he was nominated, and in 1851 elected, president judge of the District Court of Allegheny County- the first election of judges in this State under the amended constitution. On Monday, November 24, 1852, he charged the jury in an important case, and before the verdict was rendered he was dead. He walked from his home in the

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country on that cold, damp morning, took a chill in the courthouse, and died at his lodging that night. No purer man ever wore the judicial ermine, and Allegheny County never had a more worthy citizen or better representative. Like all truly great and pure men, he amassed no fortune and died poor.

William Wilkins was born at Carlisle, Pennsylvania, in 1779; read law in Carlisle, came to Pittsburg and was admitted to the bar here in 1801. For half a century, interrupted only by public duties, he practiced law in this county. In 1820 he was elected to the Legislature, the same year appointed president judge of the Common Pleas; resigned in May, 1824, when appointed judge of the United States District Court of Western Pennsylvania. In 1828 was elected to Congress, but resigned, alleging that his pecuniary circumstances would not justify him in accepting a seat in Congress. In 1831 was elected for a term of six years to the United States Senate. In 1834 he was appointed by President Jackson Minister to Russia. In 1842 was elected to .the House of Representatives of Congress, and in 1844 appointed by President Tyler Secretary of War, retiring in 1845. In 1855 was elected to the State Senate. When the War of the Rebellion broke out, although eighty years of age and a stanch Democrat, he took an active part in support of the Government and rousing the patriotic spirit of the county. He was one of the most enterprising citizens of the county, assisting and encouraging in the establishing of manu- factories and all public improvements. When he was appointed Minister to Russia, although owning considerable real estate, he was deeply in debt and virtually insolvent. But when he returned, in consequence of the sudden and great boom in real estate, he was a rich man. He had fine natural abilities and popular ways, which made him a favorite with the people. But his quick, impulsive nature, and a disinclination to close study and the mastery of details, unfitted him for a high degree of eminence as a judge. Died in 1865.

Charles Shaler was born in Connecticut in 1788 and educated at Yale Col- lege. His father was one of the commissioners to lay off the Western Reserve in Ohio, and young Charles went to Ravenna in 1809 to attend to the land his father had purchased. He was admitted to the bar there, and moved to Pitts- burg in 1813. In 1824 he was appointed judge of the Common Pleas, and held that position eleven years, when he resigned. In 1841 he was appointed associate judge of the District Court of the county, and held that position till 1844, when he resigned. In 1853 he was appointed by President Pierce United States District Attorney for the Western District of Pennsylvania. In early life he was a Federalist; afterward an ardent admirer of Henry Clay; then a Polk and Dallas Democrat. He had a quick, impulsive, fiery temper, but a kind heart and a high sense of honor. He despised everything little or mean, and regarded his word to a fellow-attorney as binding as any signed and sealed obligation. He was of a most liberal and generous disposition, so much so that, although he had a most lucrative practice, he died comparatively poor. He died in 1869.

In. the second generation we may call the names of Harmar Denny, Trevanion B. Dallas, James Dunlap, Cornelius Darragh, John D. Mahon, O. Metcalf, A. W. Loomis, Moses Hampton, David Ritchie, Wilson McCandless, William B. McClure, Andrew Burke, W. W. Fetterman, N. P. Fetterman and others that will be mentioned.

Harmar Denny was born in Cumberland County in 1794; was admitted to the Pittsburg bar 1816; in Congress from 1829 to 1837; died 1852. In early life he was an active member of the bar, but after entering politics virtually gave up the practice of law. He was well known as one of our most worthy citizens.

John Henry Hopkins was admitted to the bar in 1818. He was born in Ireland in 1792, and came to America with his parents in 1800. After prac- ticing at tlie bar five years he entered the ministry and became rector of Trinity

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Protestant Episcopal Church in Pittsburg in 1823. He resigned in 1831 and became rector of Trinity Church in Boston; 1832, elected Bishop of Vermont, and died in 1868. He was the author of numerous works. When at the bar he and Harmar Denny, both young men of high mettle, had a scene in court, when each was fined two hundred dollars, and had to pay it.

Trevanion B. Dallas was born in Philadelphia in 1801, and educated at Princeton. He commenced reading law with his brother, George M. Dallas, but came to Pittsburg in 1820 and finished with his brother-in-law, William Wilkins; admitted to the bar in 1822; appointed judge of the Common Pleas 1835; resigned in 1839 to accept the position of associate with Judge Grier in the District Court, which he held till his death in 1841. Previous to his appoint- ment to the bench he was Deputy District Attorney for the county. He was highly esteemed, and the members of the bar erected a monument to his memory in Trinity Churchyard, still standing.

James Dunlap was born in Chambersburg 1785; admitted to the bar at Pitts- burg in 1838, and died in 1857. He was a great student and good lawyer. He compiled and published a Digest of the Laws of Pennsylvania, arranged in chronological order, with copious notes. It was a valuable work, but did not supersede the old style of Purdon's Digest. Cornelius Darragh, born in 1809; admitted to the bar in 1829; in Congress 1839 and 1844; Attorney-General of the State, 1849 to 1851; died 1854. He was a small man, but one of the most brilliant members of the bar and an able lawyer. John D. Mahon, born at Carlisle 1798; admitted at Pittsburg bar 1832; died 1861. He was an active, earnest, energetic man, and in his day had quite a reputation as an orator. Educated at Dickinson College. Orlando Metcalf, born 1797 in Orange County, New York; studied law with Henry Clay in Lexington, Kentucky; came to Pittsburg 1830; died 1850. He was regarded as one of the ablest lawyers at the bar, especially in land cases. A. W. Loomis was a cousin of O. Metcalf, and for many years in partnership with him. Born in Connecticut 1797; emigrated to New Lisbon, Ohio, where he practiced law for several years; came to Pittsburg 1839 and formed partnership with O. Metcalf; retired from the practice 1866; died 1873. While in New Lisbon was elected to Congress in 1836 and resigned in 1837. He was a large man of commanding presence. In his palmy days he was a popular orator and called the "Demosthenes of the West." He was an able lawyer and a man of noted integrity. He would never sue a party without giving him notice and reasonable time to adjust the claim. A client left with him a claim for collec- tion. He wrote to the party, who in a short time paid the claim without suit. When the client called for his money, Mr. Loomis deducted five per cent. collecting fee-that was the customary collecting fee at that time, even where the money was made on execution. The client rather remonstrated that the fee was too much when he had so little trouble, and that there were plenty of attorneys who would collect for two per cent. "Oh, yes," said Mr. Loomis, "and so would I collect for two per cent .; but when I collect and pay over the money I charge five per cent .! "

Moses Hampton was born 1803 in Beaver County, Pennsylvania; 1812 his father moved to Trumbull County, Ohio, on a farm, and young Moses helped on the farm and in the backsmith shop of his father; he spent a year at an academy, then traveled on foot to Washington, Pennsylvania, to enter college; graduated 1826; was principal of an academy in Uniontown two years; admitted to the bar in Fayette County 1829; removed to Somerset County; was appointed Prothonotary by Governor Ritner; resigned in 1838 and moved to Pittsburg, and soon got into a lucrative practice. Was elected to Congress in 1846 and again in 1848. Elected president judge of the District Court in 1853 and reelected 1863. Died 1878. He was an ardent Whig and a most popular cam-

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paign speaker. During the presidential elections of 1840, 1844 and 1848 he was everywhere in demand, and had no superior as a stump orator. On the bench he was distinguished for his dignity and urbanity, his attention to business and the faithful discharge of his official duties. He was an exemplary member of the Presbyterian Church for sixty years.

David Ritchie. By the act of IIth of April, 1862, a second associate law judge was added to the Common Pleas, and Governor Curtin, in May, appointed Mr. Ritchie until the succeeding election, or rather until the first Monday of December. He was not elected at the election in October, so that he was only seven months on the bench. He was born in Washington County, 1812; gradu- ated at Jefferson College 1829; came to Pittsburg 1833; admitted to the bar 1835; went to Europe, entered the University at Heidelburg, remained two years and graduated with the degree of LL. D .; returned to Pittsburg 1837, and commenced the practice of law; was elected to Congress in 1852, and reelected 1854 and 1856; died, unmarried, 1867. He was thoroughly read in his profession, an accom- plished scholar, a brilliant conversationalist, a pure, honest, upright, courageous inan.

Wilson McCandless, born at Noblestown 1810; educated at Western Uni- versity ; admitted to the bar 1831 ; in partnership a short time with W. W. Fetter- man, then for several years with his brother-in-law, William B. McClure; appointed by President Buchanan to the bench of the United States District Court 1859; resigned 1876, and died 1882. He was a natural orator, had a musical voice and fine flow of language, was brilliant and witty. He was a great jury lawyer. As a political campaign speaker he had few equals. Although never a candidate for political office, he was the popular leader and champion of the Democratic party, leading them to victory occasionally, but more fre- quently rallying them to another struggle after defeat.

William B. McClure, born near Carlisle, 1807; graduated at Dickinson College 1827; read law in Pittsburg and admitted to the bar 1829; appointed president judge of Common Pleas in January, 1850; elected in October, 1851, for a term of ten years; reelected in October, 1861, for another term, but died in December of that year. He was a most conscientious, laborious, untiring worker as a judge. From 1850 to 1859 he was the only law judge in the Com- mon Pleas, and had to try all cases in that court as well as the criminal court, and transact the other businesses of those courts and the Orphans' Court. As the cases in the Common Pleas were generally appeal cases, involving con- troversies not exceeding one hundred dollars, and no equity cases, he had little experience in civil causes, and was not a great judge in such cases. The criminal business was great and required nearly all his time. He had a great reputation, cspecially in adjoining counties, as a criminal judge, for whenever he believed a party guilty he seldoni failed to convict him. At that time there was no appeal to the Supreme Court in criminal cases, even in homicide cases. The judge's charge, or. his rulings on questions of evidence, could not be reviewed in the Supreme Court. Some of the best lawyers complained bitterly of his rulings and charge in the gravest cases. But there was no remedy, except by a new trial, and when he believed the prisoner guilty it was very difficult to convince him he had made a mistake as to the law.

W. W. Fetterman, born in Scott Township, Allegheny County, Pennsyl- vania; admitted to the bar 1822; died 1838. His brother, N. P. Fetterman, born in Scott Township, 1804; admitted to the bar 1825; removed to Bedford; elected to the Legislature; removed to Beaver County, 1831; came to Pittsburg 1849; died 1874. William W. Irwin, admitted 1828; Mayor of Pittsburg 1840; elected to Congress 1841 ; Charge d' Affaires to Denmark from 1843 to 1847: died 1856.

Thomas Williams, born at Greensburg 1806; graduated at Dickinson Col-

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lege 1825; admitted to the Pittsburg bar 1828; moved to Allegheny City 1832; State Senator in the Legislature 1839, 1840 and 1841; in the House, 1860, 1861, I862; elected to Congress 1862, 1864, 1866; was a member of the committee of the House on the impeachment of Andrew Johnson; died 1872. He was a most eloquent speaker when he thoroughly prepared himself, but rather indolent and not inclined to make an effort. Hc had unbounded confidence in his own judgment and little respect for the court or jury that differed with him. Daniel Agnew, born at Trenton, New Jersey, 1809; graduated at the Western University of Pittsburg 1825; admitted to the bar 1829; moved to Beaver County; afterward chief justice of the State.

Walter H. Lowric, born 1807; graduated at the Western University 1826; admitted to the bar 1829; appointed associate judge of the District Court 1846; elected to the Supreme Court 1851; chief justice from 1857 to 1863; in 1870 elected president judge of the Common Pleas of Crawford County, and moved to Meadville; died 1876. He was an elder in the Presbyterian Church, and nearly all his life a teacher of a Bible class in the Sabbath-school. Samuel Frew, born at New Castle 1806; admitted to the bar in Pittsburg 1833; was in the State Legislature from this county front 1834 to 1837; afterward Prothonotary of the Supreme Court; died 1861.

James Vecch, born in Fayette County 1808; graduated at Jefferson College 1828; admitted to the bar at Uniontown 1832; removed to Pittsburg and practiced here until 1838, when he returned to Uniontown; was deputy district attorney under Attorney-Gencral Todd while he was in Pittsburg; paymaster in United States Army in 1861 and 1862; resigned and moved to Allegheny County, where he practiced law until 1872; died 1879.

Robert Woods, born in Washington County, 1814; graduated at Wash- ington College 1834; admitted at Pittsburg bar 1837; died 1879. He was a plain, unassuming man and one of the best land lawyers. His air of candor and sincerity before the jury had great effect. "Now, gentlemen," he would say, "consider this case as to what is right and just between man and man." Robert Robb, born in Lycoming County 1813; came to Pittsburg 1835; admitted to the bar 1837; died 1884. T. J. Bigham, born in Westmoreland County 1810; graduated at Jefferson College 1835; admitted to Pittsburg bar in 1837; was a member of the State Legislature 1851 to 1854 and 1862 to '64; of the State Senate 1865-67; died 1884. Samuel W. Black, born in Pittsburg 1816; graduated at the Western University 1834; admitted to the bar 1838; associate judge in Territory of Nebraska 1857 to 1859, and was Governor of the territory 1859 to 1861; served in the Mexican War and War of the Rebellion; killed at the battle of Gaines Mills, 1862. Andrew Burke, born in Ireland 1812; admitted to the Pittsburg bar 1833; presidential elector for Polk in 1844, and for Pierce in 1852; in Cincinnati convention that nominated James Buchanan 1856; died 1875. Thomas MacConnell, born in Allegheny County 1805; admitted to the bar 1838; was a member of Constitutional Convention of 1873; died 1874. Thomas Mellon, born 1813 in Ireland; family emigrated to Westmoreland County 1818; admitted to the Pittsburg bar 1838; was elected associate judge of the Common Pleas 1859, and at the close of his term retired from practice to attend to his property which he had accumulated and was very considerable.

A. H. Miller, born in Uniontown 1815; graduated at Madison College; admitted to the bar in Somerset County and was district attorney ; moved to Pitts- burg and admitted to the bar here 1839; died 1887. George P. Hamilton, born 1818; admitted to the bar 1839; died 1882. A leading attorney in his day. Like many old attorneys he was sometimes too hasty in giving an opinion. A client consulted him about a claim of $6,000 against the estate of a man that had been dead eight years. He told him he could do nothing; the case was hopeless. A

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young attorney took the case and won it on a principle of law Mr. Hamilton had overlooked in his haste. W. E. Austin, born at Uniontown 1817; admitted to the bar there in 1838; came to Pittsburg and admitted here 1840; died 1850. Henry W. Williams, born in Connecticut 1816; graduated at Amherst College 1837; moved to Pittsburg 1839; admitted to the bar 1841; elected associate judge of the District Court 1851; appointed to the Supreme Court 1868, and elected for a full term 1869; died 1877. He was one of the most careful, accurate and painstaking judges that ever sat on the bench. Marshall Swartzwelder, born at Carlisle 1819; educated at Princeton; admitted to the bar at Hagerstown, Mary- land; moved to Pittsburg 1840, and admitted here 1841; in the State Legis- ture 1848-49; died 1884. One of the leading criminal lawyers of his day. C. B. M. Smith, born in Connecticut 1813; graduate of Amherst College 1837; came to Pittsburg and was professor in Western University; admitted to the bar 1842; died 1877. William M. Shinn, born in Baltimore 1809; admitted. to the Pitts- burg bar 1842; died 1865. Robert McKnight, born 1820; graduated at Prince- ton 1839; admitted to the bar 1842; member of Congress two terms, 1858 and 1860; died 1885. Francis C. Flanegan, born in Washington County 1799; never attended school or college, self-educated; admitted to the bar in Washington County and also in Allegheny County 1842; was elected district attorney for Alle- gheny County 1850, being the first elected to that office, and served three years; died 1866. James I. Kuhn, born in Allegheny County 1810; graduated at Jeffer- son College 1832; professor in Lafayette College 1832 to 1837; tutor in Georgia 1837 to 1840; professor in Ohio University, Cadiz, 1840 to 1844; admitted to Pittsburg bar 1844; died 1885. John S. Hamilton, born 1822; graduated at the Western University 1840; admitted to the bar 1844; was member of the Legislature 1854; moved to Fort Madison, Iowa, 1855; died there in 1856 from injuries received by the bursting of a cannon which he fired in honor of the election of James Buchanan to the Presidency. He served in the war with Mexico. John Barton, born 1822; admitted to the bar 1845; died 1888. He was not much of a scholar and not a profound lawyer, but very shrewd and adroit in the trial of causes. His testimony was always put in briefly and to the point; his cross-examinations were even more brief. He never strengthened his adver- sary's cause or brought out omitted facts by a long cross-examination. He got out a few facts, apparently unimportant, and made much of them before the jury. Long cross-examinations are always dangerous. David Reed, born in Washington 1821; graduated at Washington College 1843; admitted to the bar at Washington 1846; moved to Pittsburg the same year and admitted here; was United States District Attorney for the Western District of Pennsylvania from 1874 to 1876; died 1877. J. B. Sweitzer, born at Brownsville 1821; graduated at Jefferson College 1843; admitted to the Washington County bar 1845; located in Pittsburg and admitted here in 1846; was appointed United States District Attorney for the Western District of Pennsylvania by President Taylor 1849, and continued till 1853; served in the War of the Rebellion in Sixty-second · Regiment of Pennsylvania Volunteers, and promoted to the command of a brigade; was in several battles; after the war appointed Prothonotary of State Supreme Court in 1873, and served till his death in 1888. John Mellon, born in Ireland; admitted to the bar in Pittsburg 1846; was deputy district attorney for the county under Attorney-General Darragh; died IS72.

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Standard history of Pittsburg, Pennsylvania, Part 43

Author: Wilson, Erasmus, 1842-1922; Goodspeed, Weston Arthur, 1852-1926. cn Publication date: 1898 Publisher: Chicago : H.R. Cornell & Co. Number of Pages: 1192

Author: Wilson, Erasmus, 1842-1922; Goodspeed, Weston Arthur, 1852-1926. cn
Publication date: 1898
Publisher: Chicago : H.R. Cornell & Co.
Number of Pages: 1192