USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 16
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He was president judge of this district, which included the four western counties which became so notorious in 1795 in the Whisky Insurrection. During this period, and for decisions growing out of the Whisky Insurrection, he was removed from the bench by impeachment, though it is fair to say that his removal was due very largely
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to political prejudice. He was a scholar and learned writer. He published "Observa- tions on Gallatin's Speech," 1798; "Analysis of the Report of the Virginia Assembly," 1800; and "Pennsylvania Reports," 1800. A great writer of that day has spoken of him as "an intelligent, learned, upright and fearless judge; one whose equal was not to be found in Pennsylvania."
His charge to the grand jury during the Whisky Insurrection is a monument to his talents and worth, and one who remembers the political surroundings of that day can- not read it without being impressed with the fact that Judge Addison had fully his share of moral courage and stamina.
Judge Samuel Roberts .- Judge Addison was succeeded on the bench by Hon. Sam- uel Roberts, who came from Allegheny county, and therefore little is known of him in Westmoreland. He was president judge of the Fifth Judicial district, and held the position from 1803 to 1805. He presided in Greensburg at June term, 1803, beginning June 20, and for the last time at December term, 1805. At that time the judicial sys- tem of the state was remodeled by an act of the legislature of that year. The new dis- trict, composed of the counties of Allegheny, Beaver, Washington, Fayette and Greene, was constituted the Fifth district, in which Judge Roberts continued to preside. West- moreland was now, for the first time, in the Tenth Judicial district, a position which it has held ever since. With this change there- fore Judge Roberts' connection with West- moreland county ceased, and since lie be- longs to another county we do not deem it necessary to write further of him in these sketches.
Judge Thomas White .- After the resigna- tion of Judge Young, Thomas White, Esq., an Indiana county lawyer, was commis- sioned judge of this district, it then being composed of the counties of Westmoreland, Indiana, Armstrong and Cambria. IIis
commission was dated December 13, 1836. Early in 1837 it was read in the Westmore- land county courts and he began his work on the bench. He presided at practically all the courts held in Westmoreland county un- til 1847, when Jeremiah M. Burrell was ap- pointed and commissioned his successor.
Judge White had read law with the cele- brated William Rawle, of Philadelphia, a gentleman well known in the legal annals of our state, and commenced the practice of the law in Indiana in 1820 or 1821, when he was but twenty-one years of age. Ile rapidly obtained a good practice. He was also en- gaged extensively in business, being among other things the agent of George Clymer. who owned great tracts of land in Indiana county. Judge White lived many years after retiring from the bench, and served during the war of the rebellion as one of the commissioners of the well-known "Peace Convention," which met at Washington.
Much more would be written of him were it not that this work contemplates a history and biographical sketches of the Indiana county bench and bar, and his name will doubtless there appear and his busy and eventful life be given in that part of this work at its proper lengthi.
Judge John C. Knox. - When court met on the morning of May 22, 1848, John C. Knox, of Tioga county, appeared and was con- ducted to the bench by Judge Burrell, when a commission appointing Knox to the office of judgeship of the Tenth Judicial district was read in open court. A perusal of the sketch of Judge Burrell, immediately pre- ceding this, will explain his elevation to the bench.
Judge Knox was easily one of the most eminent lawyers who ever sat on the bencli in the Tenth Judicial district, then composed of the counties of Cambria, Indiana, Arm- strong and Westmoreland. He presided but a short time in Westmoreland, for the new law of 1850 vacated his position, and the
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eleetion of Judge Burrell, as above indi- cated, followed. In 1851 he therefore left the district, returned to his home in Tioga county and was at onee elected judge of his distriet over Judge Buffington. In 1853 he was appointed to the supreme bench to fill the vacancy caused by the death of the most eminent lawyer and jurist ever pro- duced in Pennsylvania, Chief Justice John Bannister Gibson. That the governor should select him to fill this position is of itself a sufficient eulogy of his eharacter and legal attainments. He filled the position with ability until 1857, when he resigned to be- come attorney general of the commonwealth under Governor Pollock. In 1861 he re- moved to Philadelphia to practice law. Un- fortunately very shortly after this he was afflicted with softening of the brain, from which he never recovered, but spent the re- mainder of his days in the state asylum at Norristown, where he died about a quarter of a century after.
More would be said of him in these pages were it not that he belongs properly to Ti- oga eounty, and his eharaeter and attain- ments will doubtless be treated in the part of the history which relates to the supreme beneh of this state.
Judge John Young was born in a foreign land-in Glasgow, Scotland, July 12, 1762. He was a shining member of a very promi- nent Scottish family which was noted in Scotland for its learning, its aristoeratic standing and nobility, and one branch of it was knighted before the reign of the unfor- tunate Mary, Queen of Seots. He took the name John from his father and grandfather. He had three brothers respectively named Thomas, Douglass and William, and one sis- ter named Mary, all of whom were highly educated.
qualities, which, if tradition is to be de- pended upon, were inherited by his son, the subject of this sketch. Perhaps from undue liberality he beeame financially involved in his later years. At all events he bailed his brother William for a large sum of money, for which debt his property was sold, and he died shortly after this from anxiety, super- induced by his financial reverses.
At the time of his father's death Judge Young was a student at law, in the office of the father of the renowned novelist, Sir Walter Scott. He relinquished the study of law, and, first proeuring places under the crown for his brothers, he emigrated to this country, reaching Philadelphia in 1780. It is said that he arrived with but one English shilling in his pocket. In Philadelphia he attraeted notice by his fine bearing. He en- tered the office of Mr. Duponeeau, who was an interpreter for the Philadelphia eourts. In this office he became very useful, not only because of his rapidly increasing knowledge of the law, but because of his eminent tal- ents as a French scholar. Afterwards he en- tered the office of Judge Wilson and read law diligently with him until his admission to the bar, which was January 8, 1786. After his admission he remained for some years practicing in the eastern counties, mainly in Philadelphia.
It must be remembered that Eastern Pennsylvania was settled largely by Ger- inans and that the western part of the state was settled largely by Scoteh-Irish. This induced Mr. Young to remove to Westmore- land county, which he did in 1789. Greens- burg had recently been made a county seat and he settled here and in a short time gained a large practice in this and adjoin- ing counties, because of his ability and his high character for integrity. For many years after this, however, he was frequently ealled to Philadelphia and Baltimore.
The father of Judge Young was a well- to-do merehant in Glasgow and few men of his day lived in greater affluence. He also He was a member of the Swedenborg gained a reputation for liberality and kind · church and this belief often brought him into
yours Sincerely John young
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association with Mr. Francis Bailey and his eultured family, where he bceame ae- quainted with Miss Maria Barclay, who, we believe, was an orphan, and to whom he was married in 1794. With her he lived for many years and they had a family of three ‹ sons and five daughters. After his wife's death he contracted a second marriage with Satira Barelay, a cousin of his former wife, and by her he had two children-a son and a daughter.
He was always known as a man of fine ability and great foree of character. In 1791 he, in company with an old Revolu- tionary soldier named Stokely, was ap- pointed a delegate to the first meeting in Pittsburgh called to consider troubles then rife, concerning an aet of Congress which had been passed in March of that year, ini- posing a duty upon spirits distilled within the United States. This law was ealled the "Exeise Act," but the difficulties arising from it have been known in history as the Whisky Insurrection. His participation in these negotiations added largely to his pop- ularity and greatly inereased his clientage.
In 1790, 1792 and 1793 the Indians were very troublesome in the western part of Pennsylvania and Mr. Young is known to have served two or three terms of two or three months each in a military eapaeity in defending the native settlers against the In- dians. He had, however, no military pre- dileetions, his enlisting being only a question of duty.
He continued in the practice of law with great success until the year 1805. In that ycar a vaeaney occurred in the president judgeship of the Tenth Judicial district, then composed of the counties of Westmore- land, Armstrong, Somerset, Cambria and Indiana. Thomas Mckean was then gover- nor of Pennsylvania. There were, of course, many applicants from these counties for the position of judge, but John Young because of his integrity, firmness and legal erudi-
tion, was appointed, though the governor said, with what was perhaps at that time pardonable dislike, that he did not like his religion, but had the utmost confidence in the man. Judge Young's commission was dated at Laneaster on the first of March, 1806, and he held office until the latter part of 1837, a period of thirty-one and one-half years, when having reached the age of life when most men wish to retire from its active duties he resigned his eommission and re- tired to private life.
When he was appointed to the bench his learning and ability as a lawyer were so great that even in that age when money was extremely searee it is said that his in- come from his practice was usually over $5,000 a year, and as a matter of course he was slow to relinquish it for the judgeship which then paid but a few hundred. At that time he was generally employed in all the iarger cases tried in the several courts in this and adjoining counties.
There is one case of which we have knowledge where his superior edueation was greatly displayed and stood him in good stead. It was a ease involving the right of land upon which the Roman Catholic church and monastery near Beatty's sta- tion now stands, the dispute being between the secular and the regular clergy. H. H. Brackenridge, Esq., afterwards Justice Brackenridge, was employed on the other side. He had been educated for the ministry and on the trial there was a great display of ecelesiastical learning. The bulls of the Pope and the decrees of the eouneil were read in the original Latin and explained with ease and aeeuraey, and the cxaet 9x- tent to which the canon law was aeknowl- edged by the common law and the statute law was thoroughly discussed. Judge Young was at this time regarded as the best special pleader at the Western Pennsylvania bar. In criminal court it is said that he nearly al- ways leaned towards the prisoner on ac-
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count of a kindness of heart which has been referred to heretofore. In all cases he tem- pered justice with leniency.
Judge Young survived his resignation a few years, dying in Greensburg October 6, 1840. His remains are now lying near Greensburg in a burying ground known as the old St. Clair eemetery.
It is said that Judge Young was a master of seven languages, and one or two of these at least were acquired when he was quite advaneed in years. He wrote and trans- lated Latin with perfect fineney, and was equally proficient in the French language. At one time while he was on the bench a Frenchman named Vietor Noel was arrested and eonfined in jail in Somerset eounty for the murder of a man named Polloek from Ligonier valley. Pollock was a merchant and had been going east with a large amount of money to buy goods, when he was waylaid by the Frenchman and mur- dered for his money. Judge Young ex- plained the indietment and the whole pro- eess of trial to the prisoner in Freneli, and after his eonvietion, sentenced him to be hanged in "the polite and polished language of his native land."
The residence of Judge Young in Greens- burg was on Main street, opposite the pres- ent location of the Methodist church build- ing. From this place he dispensed charity with a lavish hand and there received his friends and indeed all travelers who came, with the most kindly and amiable disposi- tion. An exeellent portrait of Judge Young was painted by the renowned artist Gilbert Stuart, who also painted the famous por- trait of Washington known as the "Stuart Pieture." This portrait is now in the pos- session of his grandson, Mr. Frank Young Clopper, of Greensburg, and the engraving here given is from the original portrait.
Judge Joseph Buffington presided for many years in what was and is now termed the "old Tenth" district. He was born in the
town of Westchester, Pa., on November 27, 1803. He was of Quaker extraction, his an- eestors coming from the Friends or Quakers in Middlesex, England. ITis grandfather, Jonathan Buffington, was a miller near Chad's Ford, in Chester county, during the Revolution. His father, Ephraim Buffing- ton, kept an inn or tavern stand known as the "Whitehall," at Westchester, which in its day was a celebrated hostelry. When Joseph Buffington was ten years old, his father, in hopes of improving his fortune, moved west and settled on the Allegheny river, near Pittsburgh. During this journey, which, of course, was made in wagons, as Judge Buffington often related, he passed through Greensburg and stopped at the old Rohrer house, now the Null house. He also said that it was here for the first time that he saw a soft eoal fire. A few years after- wards he entered the University of Pitts- burgh, and though he was not graduated, he was well edueated. Afterwards young Buffington settled in Butler, Pa., and before studying law was an editor of a weekly pa- per called the Butler Repository, and in this he was associated with Samuel A. Purvi- anee, who afterwards beeame eminent in the Allegheny county bar and was attorney gen -. eral of the commonwealth under Governor Curtin in 1861. Buffington read law with Samuel Ayers, of Butler, and while a stu- dent, was married to Catharine Meehling, daughter of Jaeob Meehling, who, about that time, was in the Pennsylvania Senate. In July, 1826, he was admitted to the bar and began to practice in Butler eounty. He only remained there about a year and then removed to Armstrong county, locating in Kittanning, where he resided continuously until his death. His industry, integrity and elose application brought him the highest fruit of his profession. Like most lawyers of his day, he took an aetive part in polities. He was a member of the Anti-Masonic party in 1831, and served as a delegate to the na-
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tional convention of that body in 1832, whieh met in Baltimore and nominated Wil- liam Wirt for the presidency. He was sev- eral times nominated for offiees, but his par- ty being in the minority, he was not eleeted. In 1840 he beeame identified with the Whig party and took an aetive interest in the elee- tion of General Harrison, being a presiden- tial eleetor.
During these years when he was engaged in the praetiee of the law his work was not confined to Armstrong county, but spread over Clarion, Jefferson and Indiana and sometimes he appeared in the Westmore- land county courts. In these counties he was eonneeted with nearly all of the im- portant land trials, and it is said that his knowledge of the law regulating this then very prominent branch of litigation was most aeeurate. In 1842 he was elected a member of Congress as a Whig in the dis- triet composed of the eounties of Armstrong, Butler, Clearfield and Indiana. He was re- eleeted in 1844. Shortly after his retire- ment from Congress, his friend and fellow- townsman, William F. Johnston, having been elected governor, appointed him judge of the Eighteenth Judicial distriet, eom- posed of the counties of Clarion, Elk, Jef- ferson and Venango. This position he held until the offiee beeame eleetive in 1851, when he was defeated by Hon. John C. Knox, of whom we have previously spoken. In 1852 he was nominated by the Whig party for a place on the supreme beneh of Pennsylvania. But the Whig party that year was defeated, the candidate for president being Gen. Winfield Seott, and Buffington went down with his party, the late Justiee Woodward, of Luzerne county, being eleeted. During the same year President Fillmore nominated him to be chief justice of Utah territory. The great distance of Utah territory from his home led him to deeline the proffered honor, though he was greatly pressed to ae- cept it.
On the resignation of Judge Burrell as judge of the Tenth Judicial district he was appointed to that position in 1855 by Gov- ernor Pollock, with whom he had served in Congress, and then began his connection with Westmoreland eounty. The year fol- lowing he was elected for a term of ten years. In this eontest he had no opponent, the opposition deelining to nominate through the advice of James Buchanan, who was a personal friend of Buffington's and who was himself a candidate for president of the United States. In 1866 Judge Buf- fington was re-elected for another term of ten years. In 1871 he resigned from the benel, when deelining health admonished him that his days of labor were nearly ended. Judge Buffington was undoubtedly one of the ablest lawyers who ever sat on the West- moreland beneh. He died in Kittanning on Saturday, February 3, 1872.
Judge Jeremiah M. Burrell .- On the expi- ration of Judge White's commission, Franeis R. Shunk, governor of Pennsylvania, ap- pointed Jeremiah Murray Burrell, of Greens- burg, to the vaeaney. He was born near Murraysville, in Westmoreland county, his father being Dr. Benjamin Burrell, who removed to Westmoreland from Dauphin eonntv. His mother was a daughter of the renowned Jeremiah Murray, Esq. He was the only son, and his parents being wealthy, gave him' a thorough education. He was graduated at Jefferson eollege, at Canons- burg, Pa., and read law with Richard Coul- ter, who afterwards went on the supreme beneh of the state, and is mentioned in an- other part of this work. Mr. Burrell was admitted to the bar July 14, 1835. Some years after that he beeame the owner and editor of the Pennsylvania Argus, an avoea- tion not uneomnon for aetive, energetie members of the bar in that day. He was a staunch Democrat, and made his paper bristle with the doctrines of his party. In the great campaign of 1840, the "Log Cabin
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campaign," the hottest in the history of national politics, he established a great name as a writer. He not only made a state repu- tation, but some of his articles on political topics were answered by Horace Greeley in the New York Tribune, this giving him a still wider fame. In the campaign of 1844 he was one of the most eloquent speakers and writers in Pennsylvania in behalf of James K. Polk, and in debate was pitted against Thomas Williams and other great orators of that day. He was after this elected to the state Legislature, where he distinguished himself as a leader of the house. It is said that no man in the state in his day could speak more eloquently than he.
The late Maj. William H. Hackey, who was contemporaneous with Judge Burrell, delighted to tell a story illustrative of the latter's splendid oratory. A large outdoor Democratic convention was being held in Pittsburgh in 1844. The addresses were made from the portico of the Monongahela house, but the crowd was so dense and enthusiastic that the speakers could not be heard. Fi- nally Burrell, then twenty-nine years old, was introduced and in loud clear tones read- ily made himself heard by all the surging multitude. Some one, caught by his elo- quence, inquired of those around him who the speaker was. "I told him," said the major, "with all the home pride I could muster, that the cloquent speaker was J. M. Burrell, of Greensburg, the most gifted young orator in Pennsylvania." Very soon, as the major said, the audience was quieted down and listened to his address with en- raptured admiration till he had finished speaking.
At that time in Pennsylvania judges werc appointed by the governor and confirmed by the Senate. When the chief executive sent Mr. Burrell's name to the Senate, so bitter had been many of his contests in the Legis- lature, that the Senate refused, doubtless on
political grounds, to confirm the nomination. After the Legislature adjourned Governor Shunk commissioned him and he inmedi- ately assumed the duties of the office. The question as to whether the governor had this power was widely discussed in Pennsyl- vania. There had been several legal expo- sitions of parallel cases under the constitu- tion of the United States, which in its method of filling certain vacancies was identical in language with that of the Penn- sylvania constitution of 1838. These expo- sitions of opinion had been given by William Wirt and Rodger B. Taney, both attorney generals, and the latter afterwards chief jus- tice of the United States. Upon these opin- ions Governor Shunk based his right to make the appointment.
The record of the Court of Common Pleas has this minute: "Monday morning, 24th May, 1847, Jeremiah M. Burrell appeared upon the bench and presented his commis- sion from the Governor of Pennsylvania, dated 27th March, 1847, appointing him President Judge of the Tenth Judicial Dis- trict of Pennsylvania, composed of the coun- ties of Cambria, Indiana, Armstrong and Westmoreland."
After carefully weighing the different opinions, it was deemed advisable to vacate this appointment, and the governor nom- inated Hon. John C. Knox, of Tioga county, for the position. His nomination was promptly confirmed by the Senate. Judge Knox therefore began his work on the bench May 22, 1848, Judge Burrell becoming a practicing lawyer in the bar. In 1850 the constitution of the state was so amended that the judgeship became an elective office. It is highly creditable to Judge Burrell that when this new law went into effect he was the one man in the district who, in the popu- lar opinion, was pre-eminently above all others fitted for the position. His nomina- tion followed and resulted in his election in 1851.
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Ilis new commission was presented in Westmoreland county and read on February 16, 1852. Hle filled the office in this distriet until 1855, when President Franklin Pieree appointed him judge of the District Court of the United States for Kansas. Shortly after assuming the duties of this office he came to Greensburg on a visit, apparently in good health, but was suddenly afflicted with laryngitis, from which he died on October 21, 1856, after but a few days' illness.
Judge Burrell's early training was in the old school Presbyterian faith. When quite a young man he married Miss Anna Eliza- beth Richardson, a woman of unusual beauty and aeeomplishments, who is yet liv- ing (1903). A few years after his marriage he built a handsome residence in Greens- burg, which was surrounded by large grounds, most tastefully laid out. He was a man gifted with high social qualities, rare tastes and refinement, and was of a gener- ous nature, passionately fond of his library and of musie. Like the eminent Chief Jus- tiee Gibson, he played with singular skill upon both the flute and violin. As a judge, he lent dignity to and ereated a good im- pression in all the courts in which he pre- sided.
That he was a lawyer of large praetice before going on the beneli is evidenced by our eourt records, which show that Judge Kimmell, of Somerset county, and Judge Ag- new, afterwards chief justice of Pennsyl- vania. frequently came to Greensburg to try cases in which Judge Burrell had been en- gaged as counsel while a practicing lawyer. and was therefore disqualified to try.
His early death was deeply regretted by both the bench and the bar.
Judge James Addison Logan deseended from Seotch-Irish ancestry and was born in Westmoreland eounty, Pa., on the Allegheny river, December 3, 1839. His boyhood days were spent on the farm, on the river and at the country school in the neighborhood of
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