The twentieth century bench and bar of Pennsylvania, volume I, Part 14

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1102

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Samuel Lyon Russell, a son of James M. Russell, was born in Bedford, July 30, 1816. After attending the schools and academy in

Bedford, the Gettysburg gymnasium at Gettysburg, Adams county, and Washington eollege, he was graduated from the latter institution in September, 1834. He studied law in the office of his father and on the 29th day of November, 1837, was admitted to the courts of Bedford county. On the 27th of August, 1838, he was sworn into of- fice as deputy attorney-general of the county. In October, 1852, he was elected a member of the Thirty-third Congress, and served during the years 1853-55. In October, 1872, he was elected a member of the eonstitu- tional convention. He practiced his profes- sion for half a century continuously and most successfully. He died at Bedford Sep- tember 27, 1891, after fifty-four years of active practiee.

Robert C. McNamara was born in Newry, Blair county, Pennsylvania, February 16, 1853. He was edueated in the common sehools and the University of Michigan, from which institution he was graduated with honor. He studied law in Bedford and was admitted to the bar in 1879. In 1882 Mr. MeNamara was elected by the Demoeratie party for representative to the legislature of Pennsylvania. He was also made a mem- ber of the judiciary committee and ehairman of the legislative apportionment committee, and is still in aetive practice of the law.

We are indebted to the History of Somer -. set, Bedford and Fulton counties, by Water- man, Watkins & Co. for the above history of Bedford eounty.

MCKEAN COUNTY

TAKEN FROM THE ADDRESS OF HON. B. D. HAMLIN, AT THE DEDICATION OF THE NEW COURT HOUSE.

McKean county was set off from Lycoming and organized into a separate county by act of March 6, 1874. The same act provided for fixing a place for holding the courts of jus- tice, and restricted the choice of location to a site not greater than seven miles from the geographical center of the county, and thic act of March 4, 1807, located the site at the town of Smethport. The survey and lo- cation for the town seems to have been made by a party who started from Ceres, where they resided, August 24, 1807. Their record shows they reached home September 20. Here matters appear to have rested for a while, for we find that by act of April 1, 1822, the commissioners were empowered to clear off all timber and brush not exceeding thirty acres on the site selected as the scat of justice.

The square of land on which this court- house is built, together with the other squares which have been laid out in Smetli- port and allotted alternately, were donated by John Keating & Company to MeKean county, and were conveyed by a deed dated June 3, 1808.

The first courthouse was crected in 1825 and 1826. It was built of brick, having a cen- ter building and two wings. The first floor of the main building contained two rooms for the sheriff's residence and two cells for pris- oners; one for impecunious debtors, and the other denominated "the dungeon," in which persons charged with crime awaited for their trial or served out their sentence. The sec- ond story contained the courtroom, and the

wings were used respectively for the offices of the county commissioners, prothontary, etc. This building was torn down in 1850 and a new courthouse completed on the site of it in 1851. The former building con- tained no vault or fire security of any kind, but the new courthouse had built in it, some years after its erection, a small, dark and damp brick vault, which served the purpose for the time. This, the second courthouse, gave way to the changed circumstances which have occurred within the memory of us all.

The first court held in McKcan county commenced its session the fourth Monday in September, 1826. Judge Herrick presided. There had been, necessarily, no lawyers ad- mitted to practice in this county. It seems by the record the spell was broken by Ellis Lewis, who moved the admission of William Garretson, Peter R. Adams and of himself, residents of Tioga county ; Simon Kinney, of Bradford county, and Anson V. Parsons, of Lycoming county. This being donc, so far as the minutes of the courts show, the busi- ness was concluded, and it is to be presumcd the court adjourned. It would seem that then, as now, lawyers sometimes traveled long distances with small business returns. None of the lawyers who were here at the first term remained, but cach sought for another and more promising field.

At the following term, held in December, Anson V. Parsons was appointed prosecut- ing attorney, and Orlo J. Hamlin and John W. Howe were admitted as members of the

THE BENCH AND BAR OF PENNSYLVANIA

bar. Mr. Howe remained for years, and Mr. Hamlin until his death, which occurred in 1880.

An examination of the census reports and court records show that the business of the pioneer lawyers could not have been lucra- tive, the population of the whole county being less than 1,000, and cases doeketed av- eraging about one dozen to the term. At the December term, 1826, there seems to have been twelve suits commenced, four of which were for stealing timber and two for slander; so that bad as we are in this gen- cration, our territorial ancestors were not above the suspicion of committing wrong.

The president judge of the first eourt lived in Bradford eounty, four weary days distant by horsebaek and portmanteau. Judge Lewis and the other members of the bar who came from Wellsboro had three days, and Judge Parson, who came from Williamsport, consumed nearly a week, by a wilderness path, and erossing unbridged streams. Cli- ents had small eases and less money. The love of the profession must have been the lawyer's ineentive-else his disappointment was great.

From the History of MeKean County, writ- ten by J. H. Beers & Co., of Chicago, we have extracted the following :

"Court was also held in Deeember. 1828, and four terms were held in 1829, James Lowrey, of Tioga county, being admitted in September. In February, 1830, Judges Otto and Bishop were present ; Riehard Chadwick was prothonotary. Judge Herriek presided. Justus Goodwin, of Tioga, and D. C. Bryan, of Cattaraugus county, New York, were ad- mitted, and the former accepted the office of deputy attorney general, which O. J. Hamlin deelined. In September William Lowe and Abner C. Harding were admitted, and in De- cember Robert C. White.

Regular terms of court were held in 1831, with the judges and lawyers of the old bar present. There were five admissions during

the year 1832, which was the average num- ber per year for several years. In Deeem- ber, 1835, Judge Eldred presided over the courts, and the May term of 1836 was held before Judges Otto and Bishop. In Decem- ber, 1839, Judge McCalmont presided. In February, 1841, the Tomahawk was deelared a nuisance by the grand jury. President Judge McCalmont, with associates, W. P .. Wileox and S. Sartwell, were present in May. In 1843 N. White replaced Wilcox on the beneh. In June, 1849, Horace Williston was president judge, and W. A. Williams prosecutor. In January, 1850, the old courthouse was considered unsafe and eonrt was held in the Methodist church. In De- cember, 1856, Judge White was president of the court, with S. Holmes and J. Darling as- sociates. In June, 1858, Judge John Gal- braith, of Erie, presided. C. B. Curtis pre- sided, viee White, in June, 1859. In 1865 Judge Williams, with associates Darling and Peabody, presided."

It is my fortune to have known all the judges who sat on the bench and every relative member of the bar who has practiced in the eourts of this eounty, exeept John W. Howe, although I was a young boy during the terms of Judges Herriek and Eldred. For president judges we have had Edward Her- rick, Nathaniel B. Eldred, Alexander Me- Calmnont, Horaee Williston. Robert G. White and Henry W. Williams; and as assistant law judges Henry W. Williams and Stephen F. Wilson.

The associate judges have been Joseph Otto, Joel Bishop, Nathaniel White, William P. Wileox, John Holmes, Nelson Richmond, Solomon Sartwell, Aaron S. Arnold, Joseph Morse, Sylvanus Holmes, Orin L. Stanton, Riehard Chadwiek. Jedediah Darlington. Nelson Peabody, A. N. Taylor, A. T. Barden, Loyal Ward, William S. Brownell and Fran- eis N. Burnham. Of the whole number I cannot reeall the name of any one who is known to have disgraced the judicial ermine.

O. el Ham lin

MCKEAN COUNTY

Orlo J. Hamlin, the pioneer and leading lawyer of MeKean eounty, was born Deeem- ber 2, 1803, in Sharon, Conn., where his father, Dr. Asa Hamlin, and his aneestors had resided for many generations, and re- moved to Salem, Wayne county, Pa., in 1814. He was educated at the fireside under the tutelage of his father, and at the age of twenty-one went to Towanda, Pa., where he taught sehool and read law with Simon Kin- ney, a then eminent practitioner of that place. Having been admitted to the bar, and seeking a location where he eould es- tablish himself, he eame on foot from Towan- da to Smethport, MeKean county, in 1826, which was the year after the courts had been opened in that eounty. There he re- sided until his death in 1880. He was mar- ried in 1828 to Miss Orra L. Cogswell, a res- ident of Litehfield county, Conneetieut, by whom he had three children, Henry, a busi- ness man and banker; John C., a merchant, and Pauline, the wife of Robert King, a dis- tinguished land surveyor.

He at once took high rank in the legal profession, beeause of possessing an analy- tieal mind, enlightened by intense study of his eases and the law as applicable to them, and the confidenee of courts and juries, as well as of elients and the community. He was a member of the constitutional conven- tion of 1837, and, for a young man, took a prominent part in the debates until his ill health foreed him to resign his seat. He in- trodueed the measure to give to each eounty at least one representative in the Legislature (Convention Debates, 1837, Vol. II, page 57), and supported it by a speech which drew eneomiums from the presiding offieer and other members. Of it Chief Justice Geo. W. Woodward, who was a member of it and took a part in the debate, said in a speech delivered by him on the same subjeet in the convention of 1872-73 (Debates Con- stitutional Convention, Vol. V, 'page 692), "Mr. President, in the convention of 1837,

there was a young man by the name of Ham- lin, who diseussed this subjeet in such a manner as to wring from Mr. Sargeant, the president of the eonvention, a very high compliment, and I undertake to say, that from the beginning to the end of the session of that body there was no subjeet so seien- tifieally and thoroughly diseussed as this subjeet of eounty representation by that young man. Sinee this debate has come in this body, I have referred to the Debates of the Convention of 1837, and have read his speech, and I wish every gentleman here had done so. It did not prevail in that body, and the rule was not introdueed. Had it been introduced at that time, several of the counties which have sinee been then ereated would never have been called into existence, and the wisdom of that rule would have long sinee been vindieated by the judgment of every member of this body."

It did prevail in 1873, and doubtless the argument and influence of that speech was an important factor.

At the time of the sitting of the Constitu- tional convention of 1873, in Philadelphia, Judge Jeremiah S. Blaek, who was a member of it, on being introduced to a brother of the subject of this sketeh, made inquiry if he was a relative of Orlo J. Hamlin, of MeKean county, and, being informed, said the first speech he ever heard in a legislative body was made by this young man at Harrisburg in 1832, and he thought it the best; even then remembering the subject of it.

His politieal life may be said to have be- gun in 1828, when he took a leading part in the campaign, and four years later repre- sented his distriet in the Legislature. He introduced the bill (which was passed) to organize the Eighteenth Judicial district, consisting of Potter, MeKean, Warren and Jefferson counties. In the fall of 1833 he was nominated for re-election, but withdrew, and in 1835 refused a third nomination un- conditionally. In July, 1836, he was ad-

THE BENCH AND BAR OF PENNSYLVANIA

initted to the bar of the supreme court at Sunbury, and in 1837 practiced before the United States district court at Williamsport, representing suits for the possession of lands in McKean county. Land law was his spe- cialty.

In 1841-42 his name was mentioned again for Congress by the Democratic party, but he was compelled to decline the election ow- ing to failing health, which at that time was a great drawback to his ambitions. Writing in 1852, he states, however, that he filled the offices of township collector, deputy post- master, deputy prothonotary, recorder and register, treasurer of the township road funds for two years, postmaster three years, deputy United States marshal to take the census of 1830, deputy attorney general for McKean and Potter counties, in 1832 a mem- ber of the Legislature, and in 1837 a delegate to the convention to revise the constitution of the state. In 1849 he engaged in his last criminal case, when he aided the district at- torney in a murder trial, at which the de- fendant was convicted and followed by his execution. He made the dedicatory address at the opening of the old courthouse. For over twenty years prior to his death he did not appear in court on account of poor health.

Mr. Hamlin was always more or less skeptical with regard to the immortality of the soul, but in 1845 became a member of the Presbyterian church of Smethport, which re- ligion he followed at the time of his death. IIe was a great lover of books and pursued his studies to the last. His death occurred on February 13, 1880, after an invalid con- dition of nearly thirty years' duration. Mrs. ITamlin died April 17, 1881.

It was said after Mr. ITamlin's decease that no man ever practiced before that bar who had a more unimpeachable record than the deceased. There are few men whose whole life for integrity was so unquestioned, as Orlo J. Hamlin's, and his successful law

practice, up to 1851, is a testimonial to his high reasoning powers and skill in handling cases committed to him.

Byron D. Hamlin, senior resident member of the Mckean county bar, was born May 7, 1824, at Sheshequin, in Bradford county, Pa. His father, Dr. Asa Hamlin, was of English descent; his mother was French. His an- cestors for many generations had lived in Litchfield county, Conn., his father removing to Pennsylvania in 1816. Dr. Asa Hamlin was one of a family of twenty-one children; was a Presbyterian farmer; had few oppor- tunities for education, but by taking ad- vantage of those few he attained to a posi- tion of rank in the medical profession; came to Smethport in 1833 and died two years later, leaving a wife and six children, one was Byron, the youngest and the subject of this sketch.

Byron was then a lad of eleven years, and at this tender age commenced to earn his own living, besides saving from his income, within a short time, sufficient money to pre- sent his mother with a cream pitcher, which cost five shillings and six pence, and is still preserved and highly prized as a relic of the struggles of his youth. The first employ- ment he was offered was peeling bark from old hemlock trees that had fallen, which he delivered to customers and sold for fuel at

one dollar per cord. At the age of thirteen he secured the position of mail-carrier be- tween Smethiport and Olean, N. Y., a ride of fifty-six miles, which he made twice a week on a mule, at seventy-five cents a trip. This position he held for two years, and by the improvement of odd hours he gained suf- ficient education to teach a district school, which he began at the age of sixteen years. at ten dollars a month and "board around." After a year and a half as a freshman in Allegheny college, at Meadville, Pa., being unable longer to remain for want of funds, he reluctantly abandoned the pursuit of a classical education and took up the study of

MCKEAN COUNTY

the law on the advice of his brother, Orlo .J. Hamlin, and under his tutelage. He was then nineteen years old, and was admitted to the bar in Mckean county in 1846. His brother, who was twenty years his senior, had become an eminent land lawyer and had numerous agencies of large tracts of land owned by distant holders. He became a partner of his brother on his admission to the bar and took the clerical part of the man- agement of the several agencies. This espe- cially led him to the study of land law and land titles as applicable to the region of northern Pennsylvania. Following this bent, he become the purchaser of consider- able bodies of timbered and oil lands, which he has managed and turned to profitable ac- count.

Mr. Hamlin has been a diligent worker in the interests of the Democratic party to the time Bryan became the candidate for presi- dent. In 1848 he was nominated for the Legislature, but declined. In 1852 he was sent to the state Senate, in which body, al- though one of the youngest members, hc took a leading and prominent position, and was elected as its presiding officer at the close of the session of 1854. He was re- nominated by the convention at the close of his term, in 1855, but in the Know Nothing whirl was defeated. In 1868 he declined the nomination for president judge of an adjoin- ing district, but, against his will, in 1882 he was induced for local reasons to run again as candidate for the Legislature, but was defeated, because of the large majority against his party,

In 1846 Mr. Hamlin was married to Miss Ilarrict Holmes, of Smethport, who has, by her faithful devotion, constant sympathy and good counsel, contributed largely to his success, and the records of Mckean county readily bespeak of the high esteem in which he has always been held as a lawyer.

Mr. and Mrs. Hamlin have had three chil- dren; the oldest a son, Delano R. Hamlin.

who became his law and business partner and died in 1884, at the age of thirty-seven years; the second a daughter, who was mar- ried to II. V. Redfield, a distinguished news- paper correspondent, who died in 1881, at Washington, D. C., and a third, the wife of John Forrest, who is his law and business partner at this date. He retired from the active practice of law several years ago, and now, at the age of seventy-nine years, in normal mental and physical condition, is devoting his time to the management of his investments and the society of his devoted life partner, with their seven grandchildren and a great-grandson.

John P. Melvin .- The subject of this sketch, though still a young man, has at- tained a place in his profession entitling hini to an honorable mention in the Bench and Bar of Pennsylvania.

He was born at Limestone, N. Y., July 17, 1870, to Thomas J. and Marian B. (Parker) Melvin, His father, who was extensively engaged in the production of petroleum, was born and reared in Mckean county. John F. Melvin, his grandfather, was born in New Hampshire, and, coming to Pennsylvania, was one of the early settlers in McKean coun- ty, where he engaged in the lumber business.

John received a good English education in the common schools of his native city, and at Phillips' Exeter academy, of New Hamp- shire, graduating from the latter institution in 1888. He also took a course at Harvard. Was registered in the office of Mr. George A. Berry as law student, and after three years of study, during which time he was also en- gaged in the merchandise business with L. Emery, Jr., & Co., was admitted to the bar at Smethport in October, 1895. He practiced alone until 1899. when his brother, Thomas J., having been admitted, formed a partner- ship under the firm name of Melvin & Mel- vin, which still exists.

In political faith Mr. Melvin is a Repub- lican. He was chairman of the Republican

THIE BENCHI AND BAR OF PENNSYLVANIA

county committee in 1898, and eleeted dis- triet attorney for MeKean county in 1899 and re-elected in 1902.

Mr. Melvin is also a member of the Ma- sonic and Odd Fellows lodges and other fra- ternal organizations.

On July 5, 1892, he was married to Miss Adda Laney at Bradford. He is a member of the Universalist church.

Thomas Jefferson Melvin, Jr., born at Bradford, Pa., July 29, 1878, is the junior partner of the firm of Melyin & Melvin, with offices at Bradford.

Our subject received his education in the public schools of his native county, and at Burkley sehool at Boston, Mass. He then entered the University of Pennsylvania at Philadelphia, graduating in the class of 1899, in the law department, and was admitted to the MeKean county bar at Smethport Octo- ber 25, 1899, sinee which time he has been engaged in an active general praetiee with his brother, John P. Melvin.

Thomas is the son of Thomas Jefferson and Marian B. (Parker) Melvin. His grand- father, John F., emigrated to Pennsylvania in an early day, settling in Mckean eounty, where he was extensively engaged in lum- bering and where the senior Thomas, who afterwards became a well-known oil pro- ducer, was born.

Mr. Melvin is a member of Union Lodge, No. 334, Bradford Chapter, No. 260, Brad- ford Council, No. 43 of Masons and affili- ates with the Universalist church.

William Walace Brown .- The subject of this sketch, a native of Summer Hill, Cay- uga eounty, N. Y., is a son of R -- Wileox and Mary (C -- ) Brown.

After leaving the common sehools he at- tended the academy at Smethport, Pa., and later studied at Alfred university, New York. He pursued his law studies with Hon. Byron D. Hamlin, at Smethport, and was there admitted to the bar in 1867.

Mr. Brown first settled at Corry, Pa., and

there formed, with Mr. Manley Crosby, un- der the firm name of Crosby & Brown, a eo- partnership, which eontinued nine years, and during that time, from 1874 to 1878, served as city solieitor. Removing to Bradford, he soon associated himself with Messrs. W. B. Stowell and Robert Rose, under the firm name of Stowell, Brown & Rose, and so con- tinued some four years. His next partner- ship was with Mr. George L. Roberts, under the name of Brown & Roberts, which was dissolved in 1887. Mr. Brown then prae- tieed alone until 1895, when he beeame asso. ciated with his present partner, Mr. T. P. Schoonmaker. At Bradford, Mr. Brown has served five years as city solieitor. His practice has been large and lucrative, and he has been connected with nearly all cases in which Bradford has been interested since its organization as a eity in 1879. Among the many noteworthy cases in which he has taken part may be cited the long contested cases of Post vs. Boak, Wilcox Bank vs. Davis, and Brennan vs. O -- Coal Company.

Mr. Brown, a Republican in political opin- ion, has held numerous local offiees. Hc has served as reeorder of deeds, superin- tendent of sehools in Mckean eounty, mem- ber of the State Legislature from Erie coun- ty two terms, 1872-76; congressman from Sixteenth distriet, 1883-87: auditor in the War Department two years, and auditor in the Navy Department three years.

Mr. Brown served in the war of the Re- bellion, entering the service April 16, 1861. as a private in the Twenty-third Regiment of New York Volunteers. He was afterwards transferred to the First Regiment Pennsyl- vania Rifles, and served there to the end of his term of enlistment. Has been identified with numerous business enterprises, and is recognized as an able and progressive man of affairs. He has been a member of the Board of Trade of Bradford seven years, and served as its president six years: organized and aided in the construction of the B --

MCKEAN COUNTY

B -- and K --; the B -- , E -- and C -- , and the B -- and S -- Narrow Gauge railroads; served as president of the last named three years, and as viee president of the first named two years, and has served on the Smethport and Corry sehool boards.

Rufus Barrett Stone, of Bradford, was born in Groton, Mass., November 24, 1847, son of Warren and Mary (Williams) Stone. He has two brothers, Charles Warren Stone, of Warren, ex-lieutenant governor of Penn- sylvania and seeretary of the commonwealth, and George Fisher Stone, late eity superin- tendent of publie instruetion of Bradford, now engaged in the praetiee of law in South- port, N. C.

Rufus was ten years old at his father's death, and was reared on the farm, which the three sons cultivated. He attended the distriet sehool, high school and Lawrenee academy, where he graduated in the elass- ical department. Subsequently he took a special eourse at Williams eollege in the junior year of the elass of 1869. The same year he entered the United States Internal

Revenue service as chief elerk of the assessor of the Third distriet of Mississippi, and while so engaged he took up the study of law and was admitted to practice in 1872 at Hernando, De Soto county, Miss., before the courts of that distriet, and later before the supreme court of that state. He resigned from the revenue service and eommeneed praetice. Was soon appointed United States commissioner as well as distriet at- torney, and in 1873 was appointed ehaneellor of the Seventeenth Chaneery distriet, and six months later was unanimously ehosen for the Senate. In 1876 he resigned and removed to Bradford. He was an active Republiean and held many politieal offiees.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 14

Author: Publication date: 1903 Publisher: Chicago, H. C. Cooper, jr., bro. & co. Number of Pages: 1102

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1102