Standard history of Pittsburg, Pennsylvania, Part 44

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 44

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).

P. C. Shannon, born in Westmoreland County 1824; admitted to the bar in Westmoreland County 1845; moved to Pittsburg and admitted here' 1846; on the death of Walter Forward was appointed by the Governor presiding judge of the District Court, and served until December 1853; took an active part in sustaining the Government during the rebellion; was lieutenant-colonel of a regiment, but, being elected to the Legislature, resigned his commission, and

388

HISTORY OF PITTSBURG.

was in the House 1861, 1862 and 1863; was appointed in 1873 chief justice of Dakota Territory, and served till 1882, when he resigned; was appointed com- missioner to negotiate with the Sioux Indians for their lands, and served from 1882 to 1885; while chief justice of Dakota prepared a code for the Territory, which was adopted by the Legislature.

Edwin M. Stanton, born at Steubenville, O., 1815; educated at the common schools; admitted to the bar 1836; commenced practice in Cadiz, and was district attorney for the county one term; then moved to Steubenville; in 1839 elected reporter of the Supreme Court by the Legislature, and served three years; admitted to the Pittsburg bar 1847; moved here in 1848 and formed a partner- ship with Judge Shaler; was Attorney-General of the United States 1860, 1861; was Secretary of War 1862 to 1868; was commissioned a justice of the United States Supreme Court December 20, 1869, but died four days later, before taking his seat. The law firm of Shaler, Stanton and Umstaetter had a large practice and of wide celebrity. Mr. Stanton's sterling patriotism and his heroic conduct will long live in the memory of his countrymen.

R. B. Carnahan, born in Allegheny County, 1826; graduated at the Western University 1845; admitted to the bar 1848; United States District Attorney from 1861 to 1870; died 1890. John P. Penny, born in Mckeesport 1817; graduated at Tefferson College 1843; admitted to the bar 1849; was in the State Senate from 1859 to 1864, and speaker of the Senate in 1864; died in 1873. Alexander M. Watson, born in Allegheny County 1823; educated at University of Western Pennsylvania; studied for the ministry and preached one year; admitted to the bar 1850; died 1891. Mr. Watson was a prominent member of the bar; peculiar in some respects, very earnest and excitable, but a good lawyer. William B. Negley, born 1828; graduated at Jefferson College and from the law department of Princeton 1849; admitted to the bar 1849; served as chief aid to General J. S. Negley in the War of the Rebellion, with the rank of major; was a staunch and consistent member of the Presbyterian Church; died 1894.

Joseph S. Morrison, born 1824; graduated at Washington College 1844; admitted to the Allegheny County bar 1849; died 1886. A perfect gentleman, very tall, slender and graceful in person, with the kindest heart, but too modest and diffident for success at the bar. In important causes he would have the assistance of an older lawyer, who, of course, got all the credit. Self-confidence is necessary to success; not self-esteem, conceit or impudence. A young lawyer should feel that he is capable of managing any cause when he has sufficient time for examination and study. R. Biddle Roberts, born 1825; admitted to the bar 1.850; was district attorney of the county and also United States District Attorney for Western District of Pennsylvania; served in the army during the rebellion; nioved to Chicago 1869; died 1886. O. H. Rippey, born 1825; educated at the Western University and Allegheny College, Meadville; admitted to the bar 1850; served in the Mexican War and in the War of the Rebellion; was killed in the battle of Fair Oaks, 1862.

J. H. Hampton, born 1828; educated at Western University and West Alex- ander Academy; graduated at Washington College 1847; admitted to the Alle- gheny County bar 1850; died 1891. For many years solicitor of the Pennsylvania Railroad. In his prime a great jury lawyer. Shrewd, witty, full of amusing anecdotes and illustrations, he could sometimes convulse court and jury, captivate the box and win a verdict by a happy illustration. Jacob Whitesell, born 1819; educated at the Western University and Athens College, Ohio; admitted to the bar 1851; died 1885. A generous, kind-hearted, unoffending man, that had not an enemy. James A. Lowrie, born 1833; admitted to the bar 1854; served as aid to General Negley during the war; moved to Denver, Colorado, in 1875, and died there 1888. Samuel A. Purviance, born in Butler County 1809;

389

HISTORY OF PITTSBURG.

admitted to the Butler County bar 1828; was a member of the Constitutional Conventions of 1838 and 1873; elected to the Legislature in 1838 and 1839, and a member of Congress in 1854 and 1856; moved from Butler to Pittsburg, and admitted to the bar here in 1859; was Attorney-General of the State 1861, and resigned because of dissatisfaction with some of Governor Curtin's actions; died 1882.

The third generation embraces the attorneys admitted since 1860; of these and older ones still living it can be hardly expected there will be any notice in this article. There ought to bc, however, one exception. Thomas M. Marshall was admitted in 1846. He has never held, or desired, any public office, though often tendered to him. In his prime he was a mighty power in the profession and in politics. Few men have wielded greater influence over courts and juries. He still lingers on the stage, a living memory of the past and the venerated Nestor of the bar.

In early times the lawyers of Pittsburg were in the habit of attending the courts in adjoining counties. It was always a season of great social enjoyment. Riding on horses on the way, and at the taverns, they were fond of telling anecdotes, rehearsing adventures, cracking jokes and perpetrating tricks upon one another. They were a merry and jovial company, that afforded great amuse- ment to the rustic crowds attending court. On one occasion, as a company of them were riding from Washington to Wellsburg, a country girl, in her bare feet, was driving home the cows. The cows started to go in the wrong direction, when she leaped a pair of high bars, without touching them, to head the cows. H. H. Brackenridge said playfully to his companions: "If she does that again I will marry her." One of them bantered the girl to leap the bars again, which she did. Brackenridge kept his word. Returning from Wellsburg, he stopped at the house, was pleased with the appearance and good sense of the girl, made arrangements for her education and then married her. She made an excellent wife, and her husband was proud of her. Country girls, after all, are the best, and make the best wives and mothers. Many city girls are good for nothing. While their mothers do the work they simper and yawn, and loll and sleep, think of nothing but dress and parties, and read nothing but love-sick novels. They can dance and thump the piano a little, but that is all. They dream of marrying a prince or millionaire. Alas! for the young man that gets such a one for his wife.

The early lawyers, and those of the second generation, were full of fun, wit and humor. That spirit has nearly died out in the present generation. It was that abounding spirit of humor in the early days which gave birth to Brack- enridge's Captain Farrago and Teague O'Regan in "Modern Chivalry." A good anecdote is told of Colonel Samuel W. Black. A prisoner was brought out from jail for trial, who had no counsel. Judge McClure asked Mr. Black if he would act as counsel for the prisoner. "What does your honor wish me to do?" inquired Black. "Why, clear him if you can," was the reply. "Can I have a few minutes' private talk with him?" "Certainly," said the judge. He took the prisoner out into the rotunda and told him to "skip," which he did. When Black returned to the courtroom the judge asked where was the prisoner. Black answered, "I did as your honor directed me, I cleared him."

The early lawyers were, generally, strong, vigorous men, of hardy, robust constitutions. They were early risers and early at their offices. Judge Shaler was always a very early riser, and even in the latter years of his life could be seen taking his long morning walk, summer and winter, hours before the modern lawyers were out of bed. Intellectually, as well as physically, they were strong, vigorous men. Taken as a class, in mental vigor and natural endowments, they were superior to the present generation. They were self-made men. They

390

HISTORY OF PITTSBURG.

had to rely upon their own efforts to make a living and rise in the world. All had to engage in struggles and endure privations and hardships unknown to the present generation. No one thought of becoming a lawyer because it was a kind of respectable, easy life, or because it was the way to make money. It was only the ambitious who entered the profession. They wanted to rise into dis- tinction and make their mark in the world. It is only such that ever rise up to great eminence. When Daniel Webster thought of reading law, some of his friends tried to dissuade him, because the profession was already crowded. "There is room at the top," was his significant answer. Ambition is necessary to success. It is not enough to think of it, to hope for it, and dream of it. A high position is gained only by keeping it constantly in view, struggling for it, and bending every energy to its attainment.

Few sons of wealthy men or those in high position amount to much in the world. They have too easy a time in early life, and do not feel the necessity of making a struggle. They lack ambition. How few sons of the great men of our bar have ever become noted attorneys! How few sons of the wealthy, the leading merchants, manufacturers, ministers, doctors, of our country have equaled their fathers! The great men of the world, in all professions and branches of business, in politics and literature, with few exceptions, have come up from the common walks of life.

The early lawyers had but few books to assist in their practice. They lived before the deluge of reports and textbooks. They had to delve in their own minds to find the law for their difficult cases. They had to think, study, reflect, reason on the subject; to study out the correct principles that should apply to the case, for all law is based on justice and reason. Richard Hooker said of Law: "Her seat is the bosom of God, her voice the harmony of the world. All things in heaven and earth do her homage." "Reason," says Sir Edward Coke, "is the life of law; nay, the common law itself is nothing else but reason. The law is the perfection of reason."

When Daniel Webster had a difficult case to argue he would think out the principles that should apply to the case, and then tell his assisting counsel to hunt up the authorities on those points. Chief Justice Gibson, who had a greater judicial mind than any man who ever sat on the Supreme Bench of the State, was much like Daniel Webster in this respect. He knew very little law when elevated to the Supreme Court. His great intellect intuitively grasped the principles that were applicable to the case. He reveled in the reason of the law and did not trouble himself much to hunt up cases. The same principle is implied in the advice that Lord Mansfield gave to one who had an appointment involving judicial functions and expressed his fears that he was unfit for the position. "Tut, man," said Mansfield, "think what is justice and reason in the case, and decide promptly, but never give any reasons for your decision. Your decision may be right but your reasons are sure to be wrong."

The old lawyers had Blackstone's Commentaries, Coke upon Lyttleton and a few textbooks on the general principles of law. The study of these was the way to lay a good foundation. The greatest lawyer of Philadelphia-Horace Binney -- said: "The most effectual way of making a good lawyer is a methodical study of the general system of law, of its grounds and reasons, by which a student acquires a knowledge of the principles that rule in all departments of the science."

The tendency of the profession of later years is the very opposite of the method above recommended. It is to hunt up cases and find something to fit the case in hand. The judge or lawyer who does that seldom reasons or reflects on the principles that ought to govern the case. A case lawyer will never become a great lawyer. He will often be mistaken in the application of the case

39I

HISTORY OF PITTSBURG.

he cites, because of some other principle that applies to the case he is trying. In the endless variety of circumstances attending the acts and transactions in life, it is very seldom that two cases are alike in all respects. The progress of society, the vast change in business, the development of new industries, new inventions and discoveries, are constantly evolving new principles or requiring modifications of old ones. Hence the science of law is progressive. Old cases and old books become obsolete. Again, quoting from Horace Binney: "Old authorities no longer command reverence. Most of the old books that used to be thought almost as good a foundation for their part of the truth as the Prophets and Apostles are for the whole truth, are taken away from the foundation of the building and thrown into the garret."

Many former decisions have been overruled, because they were founded on erroneous principles, or are inapplicable to the changed conditions of society. This only illustrates the importance of seeking for principles apart from reported cases. It is said that in six hundred volumes of English law reports there are - 240,000 points. Every year hundreds of new volumes of Reports are issued in England and America. If a lawyer would buy all the old lawbooks and all the new ones, in an ordinary lifetime, he must have the fortune of Vanderbilt and a library equal to the Colosseum.

It is a mistake to suppose that the early lawyers were rough, uncouth, illiterate men. Some of them were classical scholars and of cultivated tastes. They had no daily newspapers filled with scandals, gossips and details of crimes to corrupt their morals and waste time on. They read books, not the flashy literature of modern days, but history and books of substantial information. Nowadays few people read books of any value. At the news-stands, at hotels, on the railroads and steamboats, at places of summer resort, nothing can be got except cheap editions of trashy novels and magazines filled with sensational stories and ephemeral fiction. Business men are satisfied with a hasty glance over the morning paper. Nobody reads history. Very few think of reading a book of science or philosophy. The young people, when they do read anything, read only the latest novel or some serial tale in the magazines. All they think about and all they talk about is of the opera or theater, of the euchre-party 'or baseball game. Ancient literature and the English classics are unknown.

In the earlier and better days, when society was not demoralized by so many sources of amusement, the social and domestic virtues were more highly cultivated. The early lawyers were fond of music-song and instrumental- and found their sweetest joys in the family circle. Walter Forward would sit in the kitchen and talk with his wife while she was cooking the meal. He was a good performer on the violin. His office, with books and papers, contained his gun and fishing-rods, his violin and other instruments of music. Chief Justice Gibson, when a young lawyer in Beaver, would sit out on the banks of the Ohio River in the evenings, spending hours in playing his violin. He was very fond of it and an excellent player. On one occasion, after he was on the Supreme Bench, he went to Uniontown to hold court, and took his violin with him. Early in the morning he was sitting in front of his hotel, discoursing sweet music on his favorite instrument. Someone passing reminded him it was the Sabbath day. He had forgotten the day of the week. Chief Justice Marshall of the United States Supreme Court was an expert violinist. He would often play it for the entertainment of the children, and would get down on the floor to romp with them. Some modern lawyers would be ashamed to do that, and think it much more becoming the dignity of the profession to attend a baseball game or ride a bicycle.

In the early days much more depended on the forensic efforts of the lawyers than now. Nearly every case was decided by jury. The judges were not in

392

HISTORY OF PITTSBURG.

straightjackets, as now, hemnied in, tied down, and bound, by numerous bristling points of law by counsel, and the stenographer's report of every word and thing said or done during the trial. The judge's charge was oral, and, if required to be written out, it might not be filed for six months, and only after mature reflection. The great effort of the lawyer was to carry the jury and win the verdict. Elo- quence and impassioned oratory were necessary for that. There was also an inspiration in the crowd attending court. In those days it was a great treat to be present during a trial and hear the lawyers. The spectators eagerly caught up every good thing said and manifested their approbation, which had its effect upon the jury. That was truc in the trial of civil, as well as criminal, cases. At this day, under our present rules of practice and our affidavit system, many cases are disposed of by the court that were formerly tried by a jury, and in cases that go to the jury the issuc is clearly defined, limiting the jury to naked questions of fact and clipping the oratorical wings of the lawyer. Very naturally, therefore, the old lawyers were greater orators and more forcible speakers than those of the present day.

There is a degeneracy at the bar. There are lawyers at the bar now equal in legal lore and ability to any of former generations. But the profession is crowded with hangers-on, who have no fitness, ambition or ability. They will never rise up to mediocrity, and are only a disgrace to the profession. Some have read law to have the name of being a lawyer, with no serious intention of prosecuting the profession, depending on their rich parents for support, and waiting till they die to inherit what they leave. Some, thinking it a kind of easy, respectable lifc, enter the profession, dreaming of success without study or effort. They starve for a few years, then try something clse. Others, with no suitable preparatory education, seek admission to the bar, with no conception of the high and honorable character of the profession, but simply hoping to make enough to live on in an easy way. They look upon the profession as a trade, like carpentry or shoemaking, but not so hard work. They loaf on the streets, or sit in their offices smoking tobies, waiting for clients. They never think of a systematic course of reading, or of studying the law as a science. They pick up a little knowledge by attending trials in court, and, if they happen to get a case, hunt for some decision in the Digest to help them, or ask some older attorney what to do. As their only object is to make money, they follow the precept of the unscrupu- lous father to his son : "Make moncy, make it honestly if you can, but make money." They will take any case for a fee, however unjust or rascally, and resort to any trick to gain it. If they get a chance they will skin their client, rob the opposite party, and incontinently pocket all moneys collected. It is shysters like these that degrade the profession in public estimation. They have slipped into the profession in the last few years from a neglect of the rules, and the mistaken indulgence of examining committees. The class is not numerous and not likely to increase. The tendency now is to a more strict enforcement of the rules for admission to the bar, requiring fitness, a suitable education and a high moral tone. Following is the list of judges:

COMMON PLEAS-I.

1788, George Wallace appointed president judge, and John Metzgar, Michael Hillman and Robert Ritchie, associates. These were all laymen, not lawyers, and were judges of the Common Pleas, Quarter Sessions and Orphans' Court. They held office until the 17th of August, 1791, when the courts were reorganized under the Constitution of 1790. The following were judges during the same time, entitled to sit in the Quarter Sessions only, all laymen, namely: James Brison, Samuel Jones, John Johnson, Abraham Kirkpatrick, Richard Butler, William Tilton and John Wilkins.

393

HISTORY OF PITTSBURG.

Judges Learned in the Law .- 1791, Alexander Addison, president judge; impeached and removed in 1803. 1803, Samuel Roberts; died December 13, 1820. 1820, William Wilkins; resigned May 25, 1824. 1824, Charles Shaler; resigned May 4, 1835. 1835, Trevanion B. Dallas; resigned June 24, 1839. 1839, Benjamin Patton, Jr .; resigned in 1850. 1850, William B. McClure; appointed on the resignation of Benjamin Patton, elected 1851, and reelected in 1861, but died in December, 1861. 1862, James P. Sterritt, appointed; elected in October and reelected in 1872; resigned in 1877 when appointed to the Supreme Bench. 1877, Edwin H. Stowe became president on the resignation of J. P. Sterritt; 1882, reelected for ten years, and again reelected in 1892.

Associate Law Judges .- 1859, John W. Maynard, appointed till December, 1859. 1859, Thomas Mellon, elected for ten years. 1862, David Ritchie, appointed till December, 1862. 1862, Edwin H. Stowe, elected for ten years, and reelected in 1872. 1869, Fred H. Collier, elected for ten years; reelected in 1879 and 1889. 1877, Charles S. Fetterman, appointed till December, 1877. 1877, John H. Bailey, elected for ten years. 1887, J. F. Slagle, elected for ten years.

Lay Associate Judges Since 1790 .- 1791, George Wallace; resigned in 1788 and reappointed. 1791, John Wilkins, Jr .; resigned 1796. 1791, John McDowell; died 1812. 1791, John Gibson1; died 1800. 1796, George Thompson; in place of J. Wilkins. 1800, J. C. B. Lucas; in place of J. Gibson. 1812, Francis McClure; resigned 1839. 1814, George Robinson; died 1818. 1818, James Rid- dle; resigned 1838. 1838, William Hays; resigned 1840. 1838, Hugh Davis; resigned 1840. 1840, William Porter; commission annulled; reappointed 1843. 1840, John M. Snowden; recommissioned 1841. 1845, John Anderson; appointed but declined. 1845, William G. Hawkins; appointed but declined. 1845, William Kerr, recommissioned 1846. 1848, Samuel Jones; resigned 1851. 1851, William Boggs; recommissioned November, 1851. 1851, T. L. McMillen; died 1852. 1852, Patrick McKenna; until December, 1852. 1852, Gabriel Adams; com- missioned for five years. 1856, John E. Parke; commissioned for five years. 1857, Gabriel Adams; commissioned for five years. 1861, John Brown; com- missioned for five years. John Brown was the last lay judge in the county. The law was changed requiring associates to be learned in the law.

DISTRICT COURT-II.

President Judges .- 1833, Robert C. Grier; resigned 1846. 1846, Hopewell Hepburn; resigned 1851. 1851, Walter Forward; died 1852. 1852, P. C. Shan- non; appointed until December, 1853. 1853, Moses Hampton; and reelected in 1863. 1873, Thomas Ewing; elected for ten years; reelected in 1883 and 1893, of Common Pleas No. 2.

Associates in District Court .- 1839, Trevanion B. Dallas; died 1841. 1841, Charles Shaler; resigned 1844. 1844, Hopewell Hepburn; appointed president 1846. 1846, Walter H. Lowrie; elected to Supreme Court 1851. 1851, H. W. Williams; reelected 1861 ; elected to Supreme Court 1868. 1868, John M. Kirk- patrick; appointed till December, 1869. 1869, John M. Kirkpatrick; elected for ten years; reelected 1879 and resigned 1886, of Common Pleas No. 2. 1873, J. W. F. White; elected for ten years, and reelected in 1883 and 1893, of Com- inon Pleas No. 2.

COMMON PLEAS NO. 2-III.

By the Constitution of 1873 the District Court, on January 1, 1874, was converted into Common Pleas No. 2, with the same judges. 1874, Thomas Ewing, president judge; rcëlected in 1883 and 1893. 1874, J. M. Kirkpatrick, asso- ciate; reëlected in 1879, resigned 1886. 1874, J. W. F. White, associate; reelected 1883 and 1893. 1886, Christopher Magee; elected for ten years.

394

HISTORY OF PITTSBURG.

COMMON PLEAS NO. 3-IV.

By act of Assembly, May 12, 1891, this court was created. The Governor appointed the judges until January 1, 1892, and they were elected in November, 1891, for a term of ten years. 1891, John M. Kennedy, president; S. A. McClung, associate; W. D. Potter, associate.

ORPHANS' COURT-V.

Until the act of May 19, 1874, the judges of the Common Pleas held the Orphans' Court. That act made it a separate court. 1874, William G. Hawkins; elected for ten years, and was the sole judge; reelected in 1884 and 1894. The act of May 5, 1881, authorized an associate judge. 1881, James W. Over; elected for ten years; reelected 1891.

UNITED STATES DISTRICT COURT-VI.

1818, Jonathan Hoge Walker; died 1824. 1824, William Wilkins; resigned 1831. 1831, Thomas Irwin; resigned 1859. 1859, Wilson McCandless; resigned 1876. 1876, W. W. Ketcham; died 1879. 1879, Marcus W. Atcheson; promoted to the Circuit Court 1891. 1891, James H. Reed; appointed, but resigned within one year. 1891, Joseph Buffington; appointed; present incumbent.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Standard history of Pittsburg, Pennsylvania, Part 44

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