The twentieth century bench and bar of Pennsylvania, volume I, Part 20

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


USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 20


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From the first he stood high in the coun- cils of Democracy and was several times county chairman of his party. Later he was deputy state chairman of western Pennsyl- vania, embracing some twenty counties. Mr. Keenan waged many fierce political battles with Hon. John Covode, then a member of Congress, but aside from politics, they were on intimate terms. His political articles are even to-day fresh and pungent.


In the early seventies he was editing the Greensburg Democrat in addition to practic- ing law. Each week lic was publishing a chapter of a serial story, the scene of which was laid in England. The story had a great many characters and as the fall campaign advanced he found that but half of it had been published, and that he very greatly needed the room in his paper for political matter. So the ingenius lawyer wrote a chapter or two of his own and substituted them as part of the real story. In these he


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implanted the colony idea among the char- acters, all of whom were easily induced by his magic mind to emigrate to America. They, strange to say, all sailed from Liverpool in a single vessel and when in midocean he made them encounter a severe storm which sunk the ship and all on board were lost. Thus the story ended and the resourceful editor had abundant space in his paper for political news. He died June 1, 1877, aged forty-three years.


Andrew M. Fulton, born September 9, 1828, was admitted to the bar in 1860. He was a descendant of an old and noted line of Seceders or United Presbyterians, being a son of Andrew and a grandson of John Ful- ton. Though he did not live to become an eminent lawyer, he had a few qualities which a sketch of the Westmoreland bar would be incomplete without. Probably his most re- markable quality was his ready wit. He had been an intimate friend and companion of Judge Logan before the judge was elected to the bench. On one occasion during local option times, when good liquor was ex- tremely rare and difficult to procure, Mr. Fulton was supplying his friends with a choice brand which he had in his office, and among these friends was Judge Logan. After sampling the liquor and all praising it, Judge Logan inadvertently asked: "Where did you get this, Mr. Fulton?" Fulton did not reply, but when questioned a second time as to where he had gotten it, he turned his grave face towards the judge and said: "Judge, if any one asks you where I got this just tell them that you don't know." At another time he was pressing a matter before Judge Logan on the bench, which had not been properly brought forth by the testimony and which the judge held was not therefore be- fore him for consideration. Though he told the lawyer this, Mr. Fulton still persisted in arguing his favorite point, whereupon the judge said to him very emphatically :


"Mr. Fulton, the court knows nothing-"


.


but before he could finish the sentence the ready wit replied: "I know, your honor, that the court knows nothing, but I am about to tell it something." This joke on the judge has been long remembered and was highly appreciated by all who heard it, and by none more than by Judge Logan himself.


Neither Mr. Fulton nor Judge Logan must, however, be considered as men who were intemperate, though both, we doubt not, like many other prominent members of the Westmoreland bar, appreciated a taste of fine liquor. Mr. Fulton was a member of the legislature in 1870-71 and was also the rep- resentative of Westmoreland county in the constitutional convention which met in 1873 to formulate the constitution by which Penn- sylvania has since been governed. He was, moreover, one of the ablest members of that convention. Unfortunately for him he was taken sick in the spring of 1878 and died after a brief illness, on April 3, 1878.


The Marchand Family was indeed a very noted family in the bar of Westmoreland county. They were of Huguenot descent and were sons, and the latter a grandson of Dr. David Marchand, who represented this dis- trict in Congress in 1816 and 1818.


Albert G. Marchand was the first one of the family who became a member of the bar. When he was quite a young man his father, Dr. David Marchand, was elected prothono- tary of Westmoreland county, and while he was assisting his father in conducting this office he read law with John B. Alexander and was admitted to the bar in 1833. He was a man of stout build, 'dark complexion, dark hair and eyes, and in his day was an advocate of marked ability before a jury or court. He devoted himself entirely to the legal profession until 1838. That year, when he was but twenty-seven years of age, he was elected to Congress, representing the coun- ties of Westmoreland and Indiana. When he took his seat in the Twenty-sixth congress he was the youngest member of that body, ex-


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cept one. He was re-elected in 1840 and then declined to serve his constituents further in this capacity. He was born Feb- ruary 26, 1811.


In the latter part of 1847 he was afflicted with a disease which rapidly underinined his constitution, but did not make itself known until a few months before his death. He died on February 5, 1848, aged thirty-seven years. His loss was deeply felt because of . his ability, his high character and his prom- ising life.


Henry Clay Marchand was a brother of Albert G. Marchand and was born March 9, 1819. He read law with his brother, was admitted to the bar in May, 1840, and at once became a partner of his brother. This part- nership continued until his brother's death in 1848. Henry C. Marchand practiced law in Greensburg for forty-one years. He was a man of high character, thoroughly devoted to his profession and for many years before his death, was easily ranked among the fore- most men of the bar. He was not a man of outward show, but a man of solid worth. The leading characteristics of Mr. Marchand were the soundness of his judgment, his sin- cerity, his caution and his industry. "Let us examine it again out of abundant caution," was one of his oft-repeated suggestions.


He made no claim to forensic display, but argued cases well before a jury and very well before the court. His chief power lay in a special ability to prepare and arrange to the best advantage all the details useful in the trial of a case, and to select with skill and discretion the authorities bearing upon the question at hand. In this sphere of profes- sional life he had no superior in Westmore- land county ; and it will be remembered that he came in contact with men like Foster, Cowan and Laird almost daily in his practice of the law and that the weightiest matters were entrusted to him.


For many years he was chief solicitor for the Pennsylvania Railroad company in West-


moreland county and had a large corporation business in addition. He practiced law alone from 1848, when his partner and brother died, until 1864, when his nephew, John A. Marchand, was admitted to the bar and be- came his junior partner. He was a Presby- terian in religion and lived a most exemplary life. He died March 9, 1882.


John A. Marchand was the son of Albert Gallatin Marchand and was born in Greens- burg June 8, 1842. He was educated in Washington college, and in 1862 began to read law with his uncle, Henry C. Marchand, and was admitted to the bar in May, 1864. He was a thoroughgoing, painstaking lawyer like his uncle and father had been before him. He was essentially an office lawyer, caring little for the business of the courts. He excelled in the preparation of papers and in directing the management of business af- fairs. He was a man of high social quali- ties.


In 1869 he was appointed a register in bankruptcy by Chief Justice Chase for the counties of Westmoreland, Indiana and Fay- ette, a position which he filled with grace and dignity until the repeal of the Bankrupt Law in 1878. He assisted his uncle and part- ner, as solicitor for the Pennsylvania Rail- road company and was closely associated with him in all of the business of the firm. He, too, was a most painstaking and exact lawyer.


He was married October 5, 1868, to Mary Todd, a daughter of David Todd and grand- daughter of Judge James Todd, who was attorney general of the commonwealth un- der Governor Ritner, and a native of Phila- delphia. They had one child, Mary Todd Marchand, who is now the wife of Senator Cyrus E. Woods.


Like his uncle, he paid very little attention to politics, but gave his closest attention to professional business. He had, however, been chief burgess of his native town and was president of the Merchants and Farm-


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ers bank. He was an Episcopalian in re- ligion and one of the highest Masons in the United States. He died August 5, 1896.


Archibald A. Stewart was born in Indiana county on March 3, 1833, and dicd suddenly in Greensburg on July 3, 1881. He was of Irish ancestry, and was graduated from Jef- ferson eollege in 1854, after which he eame to Westmoreland eounty to read law with Hon. Henry D. Foster. In 1856 he was ad- mitted to the bar, and continued to practice his profession until his death. He was twice eleeted to the office of distriet attorney, and filled the position with good ability.


Mr. Stewart was a generous-hearted man, generous even to a fault. It mattered little to him whether his client had money to pay for his services or not. He took their eases and gave in return his best efforts. There is no doubt whatever but that between the years of 1865 and 1880 he tried more eases, particularly in the quarter sessions, than any other member of the bar. This alone was sufficient to make him very popular in the county, but in addition to this he was a man of an open, friendly disposition. He was an uneompromising Democrat. In 1879 he won the nomination for judgeship easily over competitors, any one of whom was perhaps better fitted for the position than he. His following in Westmoreland was immense, but he was defeated in the fall by Judge Hunter, and, we believe, unfortunately, never recovered from this baekset.


He was a man of strong build, strong con- stitution and strong personality.


William M. Given .- But few men have brought with them to the bar as much native legal intelleet as William M. Given. He was the son of Robert Given, better known as Judge Given, one of the old time associate judges of Westmoreland county. He began life as a school teacher, and with but little preliminary education read law with Henry D. Foster, and was admitted to the bar in May, 1862, when twenty-two years old.


He was a man of very fine physique, had bright, dark piercing eyes, a clear musical voiee, and a very marked command of lan- guage. Indeed, his style of expression was at onee so elegant and foreeful that his every utteranee apparently bore the weight of a judicial deeree. These qualities enabled him to take a high rank even in his first years at the bar. As an advocate he had few equals.


Associated with Gov. Latta, he was en- gaged to prosecute in the eelebrated Druni case, in whiel a young man of good family named William Drum was tried for the mur- der in a street fight of a youth of meager intelleet named David Mohigan. Judge Buf- fington certified disqualifieation in the case, because of the relationship between his family and that of the defendant. The Supreme Court of the state appointed one of their number, Justiee Agnew, to sit spe- eially in the regular session of the Oyer and Terminer Court of Westmoreland eounty to hear the ease. The trial took place in No- vember, 1868, when Mr. Given was but twenty-eight years old. Arrayed against him in defense of Drum was the flower of the Westmoreland bar, namely, Keenan, Hunter, Cowan and Foster. The manage- ment of the ease was superior throughout, and Mr. Given's address to the jury was one of the finest ever delivered in our courts. No one who was fortunate enough to hear it ever forgot its magnetie effeet upon the jury and the audienee. The ease became a ruling one in Pennsylvania criminal law, and is reported at length in No. 58, Pa. St., p. 1.


Later he acquitted himself with equal eredit as defendant's counsel in the trial of Hull, who was indieted for the murder of a railroad eonduetor named Parker. His strength did not lie, by any means, however, in the eriminal courts. He was a lawyer of broad mind and great strength in every matter which engaged his attention. Unfor- tunately, he did not live to be old. but died suddenly of heart disease in 1882.


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William A. Stokes, born in 1814, was one of the ablest members of the bar between 1850 and 1870. He came to Greensburg from Philadelphia when about forty years of age, having won a very prominent place at the bar in that city before coming here. He was sent here by the Pennsylvania Railroad com- pany to look after its interests, which rail- road was completed to Greensburg in 1852. He purchased a fine farm north of Greens- burg, now known as Seton Hill, and there lived in affluence.


From the very first he took his place at the bar side by side with men like Foster and Cowan, and whilst he was not as great a lawyer as either of these men, in one respect, that is in the strength of his oratory, he was a man of wonderful power. He was a tall, slender man with dark piercing eyes and one upon whom nature had bestowed many gifts. In publie addresses, of which he made a great many, he had searcely an equal in western Pennsylvania. He was also an edi- tor of the Greensburg Republiean for some time. Shortly after the breaking out of the rebellion he enlisted in the service, taking out a company. Later he was promoted to the office of major. Some time after the war was over he returned to Philadelphia, where he lived in retirement and died April 3, 1877.


James J. Hazlett was born in Indiana eounty and read law with Henry D. Foster, being admitted to the bar in 1864. For many years he practiced law in the Cowan build- ing, he having been married to Senator Cow- an's only daughter Elizabeth. Afterwards a partnership was formed with Mr. V. E. Williams and the firm became a leading one at the bar. Mr. Hazlett was a man of mueh energy and a graduate of Washington and Jefferson college in the elass of 1860. Had . he lived to round out his full measure of years, he would undoubtedly have become a shining light at the bar. He died after a brief illness in 1887, aged forty-eight years.


James G. Francis was born in East Hunt- ingdon township in 1844, and taught school for some years. He read law with Jacob Torney, formed a partnership with Irwin W. Tarr and in the few years which he lived after his admission, built up a very respect- able practice. Like his partner, Mr. Tarr, he died early in life, in 1880.


James R. McAfee, editor and lawyer, was born in Allegheny county on March 10, 1822, and was a son of John and Mary Thompson McAfee, who were of Irish extraetion. Mr. MeAfee was a school teacher in the fifties, and from 1857 until 1860 was superintendent of the common sehools of Westmoreland county. After filling the duties of this of- fice he studied law with Hon. James A. Hun- ter and was admitted to the bar in 1866. He filled various offices-assistant revenue as- sessor, deputy secretary of the common- wealth, from 1879 to 1883, ete. In 1870 he founded the Greensburg Tribune and two years later consolidated it with the Greens- burg Herald, making what is now known as the Tribune-Herald. He gave most of his at- tention to these voeations rather than to the practice of the law. He died April 29, 1890.


Joseph H. Kuhns was born in September, 1800, and was graduated from Washington college in 1820. He read law with Maj. John B. Alexander, to whose sister he was after- ward married, and was admitted to the bar in 1823. In 1850 he was elected by the Whig party to Congress from the district composed of Westmoreland, Somerset, Indiana and Fulton counties. He did not like eongres- sional life, but preferred the practice of the law. He was a jovial, polished gentleman and was the author of one bonmot which always lived: At a dinner given by a prom- inent member of the bar when Mr. Kuhns was quite old, when the guests were sitting around the table, they began to make re- marks upon the appearance of the remnants of a large turkey which had been almost en- tirely eaten. This noble bird had been gar-


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nished with fern leaves. Many of the law- yers were remarking as to what the bird then resembled, when Mr. Kuhns said that it re- minded him of "Fern on Remainder." It may be well to state for the benefit of those who are not members of the bar, that this was the name of an English law book in common use many years ago. Ile died No- vember 16, 1883.


H. Byers Kuhns, born in Greensburg, was graduated from Jefferson college and admit- ted to the bar in 1849, having read law with his father, Joseph H. Kuhns. He practiced law with a great deal of suecess all his life, exeept that he spent four years in the Civil war in the Eleventh Regiment Pennsylvania Volunteers, which was commanded by Gen. Richard Coulter. He died October 9, 1889.


I. E. Lauffer, son of Joseph and Esther (Berlin) Lauffer, was born near Murrays- ville June 3, 1861. He became a school teacher, attended several academies and was admitted to the bar in 1885, having read law with James A. Hunter. He was nominated for district attorney in 1889 and eleeted by the Democratie party. He was a young man of considerable prominenee, but died in De- eember, 1890.


W. H. H. Markle was a lawyer of mueh prominence in his day. He was born near Millgrove, in Westmoreland eounty, Febru- ary 3, 1823. He read law with Senator Cowan, was admitted to the bar in 1847 and was in partnership at different times with James C. Clark, James A. Logan and his son- in-law, Welty Mccullough. He was distriet attorney and collector of internal revenue, and was a man of high character and in- tegrity. He died of paralysis, in Philadel- phia, December 18, 1883.


James F. Woods was for many years a member of the Westmoreland bar, having been born in Union eounty in 1812, and hav- ing removed to Greensburg in 1839, at which time he was admitted to the bar. He was in his earlier days a member of the Whig party


and afterward was affiliated with the Demo- eratic party. He was contemporaneous witlı Cowan, Marehand, Laird, and for many years was the law partner of Henry D. Fos- ter.


He was graduated from Hanover eollege in the state of Indiana. In 1843 he was mar- ried to Elizabeth, a daughter of Judge Young. His son, John Y. Woods, has been a member of the bar since 1858, and filled the office of distriet attorney from 1871 to 1874.


John Armstrong, son of John Armstrong, Sr., was born in Greensburg, August 11, 1816. His father was a lawyer of much distinetion and his son doubtless received great ad- vantages in his early student days. At al! events the son became one of the most thor- ough lawyers of his day in our county. He was not an advocate, but in the preparation of papers, in the settlement of estates and in giving wise eounsel to his elients he stood at the very head of his profession. He was, furthermore, a most complete gentleman, one of retiring disposition and extremely kind and polite to all with whom he eame in con- tact. No lawyer of the past is more kindly remembered than he.


Mr. Armstrong's ability as a lawyer can- not be told in any better way than by a eur- rent aneedote of the bar: When Judge Buffington was on the beneh Mr. Armstrong was appointed an auditor to distribute a large and important estate. When his re- port was completed exceptions were filed to some of his allowanees. These exceptions finally came before the judge and were heard by him without knowing, perhaps, who the auditor was. They did not seem, however, to impress him very favorably, and he there- fore inquired who had been the auditor. When told that it was Mr. Armstrong he re- marked: "Oh! Well, gentlemen, that will. do: these exceptions are dismissed and the distribution of the auditor confirmed."


He was an old line Presbyterian and lived


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an exemplary Christian life. He died August 3, 1889.


Welty Mccullough was born in Greens- burg in 1847 and was graduated from Prince- ton college in the class of 1870. He read law with his father-in-law, Harry Markle, Esq., in Greensburg and was admitted to practice in 1872. He did not confine his practice en- tirely to this county, else we would doubtless have more to say of him.


Very early in his professional life he be- came a corporation lawyer and gave most of his attention to railroad law, and, whilst he always resided in Greensburg, he continu- ously kept an office in Pittsburgh. He was renowned both there and in Greensburg as a railroad and corporation lawyer, and in the preparation of papers and in all of the va- ried work of an all-around lawyer, he took anything but second place.


In 1886 he was elected to Congress as a Re- publican, representing Westmoreland, Fay- ette and Greene counties. The district was strongly Democratic, but there were two Democrats in the field, which divided the vote of that party, and Mr. Mccullough was elected. Unfortunately shortly after the close of his first and only term in Congress, he was taken sick and died August 31, 1889.


James C. Clark was born in Laughlins- town, a little village in the eastern part of Westmoreland county, February 2, 1823. His father, James Clark, was an extensive iron producer, and was engaged in the iron in- dustry at Washington furnace, near Laugh- linstown. James Clark, Sr., was one of the prominent men of his day. He was canal commissioner and state senator, and came within one vote of being elected to the United States Senate in 1833, when James Buchanan was the successful candidate. He received the best of preliminary training, and was graduated from Jefferson college in 1843.


Mr. Clark read law with Justice Coulter and was admitted to the bar of Westmore-


land county in 1846. He was known as an office lawyer and in this he took high stand- ing. He had a large corporation business, particularly for that day, when corporations were not so plentiful as now. For many years he was solicitor for the Pennsylvania Railroad company in Westmoreland county. In 1874 he was elected to the State Senate, and again in 1876, serving till 1881, and this, we believe, was the only office to which he ever aspired.


In his later years he retired from the prac- tice of the law and devoted his time assidu- ously to the coal business and to banking, he being one of the founders of the Greensburg Banking company and also of the First Na- tional Bank.


He was for many years a school director in Greensburg and gave this his most thorough attention, as much so as though the office had paid him thousands. He was regarded as one of the most progressive school di- rectors in the county, a reputation of which any man may be proud. He was a man of the highest integrity and a very substantial pillar in the United Presbyterian church. He died on April 23, 1893, and was buried in the St. Clair cemetery.


William H. Young was born in 1853 in Salem township, read law with James A. Hunter and was admitted to the bar in No- vember, 1877. Mr. Young did not have the benefit of a college education, at least not one obtained within the walls of a college, but he had spent years in the study of matlı- ematics, science, history, language and litera- ture-indeed, in all the branches that are usually pursued by a student in college. It must further be said that he was most thor- ough in these, and in whatever he attempted. Particularly was he strong in Latin and Greek. Nature had bestowed her gifts on Mr. Young with a lavish hand. She had en- dowed him, essentially with the mind of a lawyer and in all his mental qualities he ap- proximated genius.


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Ile was a tall slender man with black hair and dark, flashing eyes. Very soon after his admission to the bar, in 1877, he began to try cases and rapidly attained a high rank in the profession. His command of language was


simply marvelous. When wrought up in argument to the court he was a man of un- rivaled power and seemed to have, at his tongue's end, the accumulated thoughts and wisdom of a life's work. There was also a poetic temperament which ran through all his life, and bubbled forth in every sentence he uttered. These qualities were supple-" mented by an earnest manner, a voice with every note of musie in its tone and a magnet- ism which charmed his hearers and held them spellbound while he spoke.


Mr. Yonng was without coneeit, egotism or vanity, and apparently without even a knowledge of his superior powers. He fre- quently admired and praised qualities in others which he possessed in a much more eminent degree himself. His peculiar abil- ity to throw himself into the breeeh and work with unrivaled might and skill in the face of defeat, with little time for immediate prepa- ration, often brought him at the last hour into cases that were, from their very nature, almost hopeless. Sometimes he was able thus to grasp victory from despair. When, as frequently happened, he drew by his splendid effort the heartiest congratulations from those who heard him, he always modestly shunning all compliments or words of praise, invariably replied, "No matter about the ad- dress, but how about the verdiet ?"




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