The twentieth century bench and bar of Pennsylvania, volume I, Part 24

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 24


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


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A. R. Stevenson (1839), Jacob F. Welsh (1841), William Baker (1842), John Withe- row (1842), William E. Barber (1844), Sanı- uel Baird (1844), Edward B. Buehler (1844), William B. McClellan (1844), Thomas Me- Creary (1845). John P. Blaine (1846), Ben- jamin Herr (1846), James H. Hauke (1847), H. B. Woods (1851), William MeGinley (1854), Nesbitt Baugher (1857), J. Charles King (1858). Andrew H. Dill (1859), the Democratic candidate for governor in 1880, who removed to Lewistown soon after his admission here: J. Kerr McIlhenny (1859). Samuel J. Vandersloot (1860), J. Harvey White (1864), now a prominent member of the Pittsburgh bar; John M. Krauth (1867), John M. Young (1868), Joseph Lefevre (1868), William R. Eyster (1869), J. Hay Brown (1871). now a member of the Su- preme Court of this state: Hart Gilbert (1871), M. W. Jacobs (1871), lately ap- pointed judge in Dauphin county: Robert M. Agnew (1872). Edward S. Reily (1872). W. Hamilton Bayley. all read law in Gettys- burg, with few exceptions, and were mem- bers of this bar.


David Wills. - It was not until 1874, when Adams county became a separate judicial district, that a resident of the county pre- sided over its courts. David Wills was then appointed and served for nine months. until his successor, William McClean, was elected.


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Judge Wills was a native of Adams county, a graduate of Pennsylvania college, and came to the bar in 1854. The same year he was elected the first superintendent of the public schools of Adams county. Later he devoted his time exelusively to the praetice of law and acquired a large, good-paying practice, and was recognized as one of the leaders of the bar. He was prominently con- neeted with the Republican party. It was in his home that Lineon, while his guest, is in- correctly supposed to have written his im- mortal "Gettysburg Oration." Judge Wills was the father of the movement to establish a national cemetery at Gettysburg, and lent valuable assistance in the effort to preserve the battlefield, which to-day is the pride of this nation. In 1894 Judge Wills was nomi- nated by the Republicans for the judgeship. He died suddenly, however, a few days be- fore the election.


William McClean, the first judge eleeted solely by the voters of Adams county, suc- ceeded Judge Wills. Judge MeClean was born in Gettysburg in 1833, was graduated from Washington and Jefferson college in 1851; he pursued a course of study in Har- vard law school, and was admitted to the Adams county bar in 1854. He was a mem- ber of the constitutional convention of 1873. The next year he was nominated by the Democrats and elected judge of this county. Ten years later he was re-elected, without opposition, judge of Adams and Fulton counties. Judge McClean's record on the beneh is an enviable one. Few of his deci- sions were reversed by the higher courts, and he was regarded as one of the strong Common Pleas judges of this state. Judge McClean is now in active practice, associated with his son, W. A. MeClean. The firm of McClean & MeClean has a large practice and stands among the leaders of this bar.


Samuel McCurdy Swope, the present judge of Adams and Fulton counties, is a native of Gettysburg and a graduate of Pennsylvania


college. Ile began the practice of law in 1876. He was twice elected district attorney of this county, the second time without op- position, although a Republican, and this a strong Democratic district. In 1894 he was nominated and elected judge of Adams and Fulton counties. Judge Swope is a fluent, foreible speaker, of magnetie personality, and generally popular. His re-election in 1904 is more than probable.


LIST OF ASSOCIATE JUDGES OF ADAMS COUNTY.


1883, A. F. White, J. E. Smith, appointed; 1885, A. F. White, William Gulden, elected ; 1890, David G. Donahue, J. L. Jenkins, cleeted; 1893, Daniel S. Chronister, ap- pointed to fill vacancy eaused by the death of David G. Donahue; 1895, Cyrus G. Beals, T. S. Bloeher, elected; 1900, Cyrus G. Beals, S. S. Mehring, eleeted, present associate judges.


LIST OF THE DISTRICT ATTORNEYS OF ADAMS COUNTY.


William Maxwell, George Metzgar, Samuel Ramsey, Robert S. King, Willet C. Oglely, Andrew G. Miller, William N. Irvine, Dan- iel M. Smyser, Robert F. McConaughy, Moses MeClean, C. G. French, Edward B. Buehler, James G. Reed, William B. McClel- lan, William A. Duncan, A. J. Carver, J. C. Neely, E. S. Reily, D. M. Wilson, Samuel MeC. Swope, John M. Krauth, Chas. S. Dun- can, William Hersh, and J. L. Williams, the present incumbent.


ADAMS COUNTY. MEMBERS OF THE BAR AND DATE OF ADMISSION.


1, William MeClean, A. B., April 17, 1854 ; 2, J. L. Kendlehart, A. B., April 29, 1876; 3, J. L. Hill, A. B., June 21, 1876; 4, Wm. MeSherry, A. M., August 17, 1878; 5, Geo J. Benner, A. B., December 31, 1881 ; 6, Wm. Arch. McClean, A. B., LL. B., February 6, 1885; 7, Chas. S. Dunean, A. B., LL. B. April


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11


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2,1885 ; 8, Edw. A. Weaver, October 20, 1885 ; 9, Geo. M. Walter, A. B., December 14, 1885; 10, Wm. P. Quimby, A. B., June 20, 1887; 11, W. C. Sheely, A. B., August 13, 1887; 12, S. S. Neely, A. B., April 7, 1888; 13, John B. McPherson, A. B., LL. B., August 18, 1888; 14, J. L. Butt, A. B., January 22, 1889; 15, C. E. Stahle, A. B., March 2, 1891; 16, J. L. Williams, May 12, 1892; 17, C. W. Stoner, October 17, 1892; 18, R. E. Wible, A. B., January 23, 1893: 19, Wm. Hersh, A. B.,


September 18, 1893; 20, Hugh C. Hinkle, March 31, 1894; 21, Donald P. McPherson, A. B., LL. B., January 23, 1896; 22, Wm. F. Dill, LL. B., May 15, 1899; 23, Leo. F. Stock. A. B., March 3, 1902; 24, John D. Keith, June 16, 1902; 25, Chas. W. Shull, October 20, 1902; 26, McClean Stock, A. B., December 22, 1902; 27, St. John McClean, February 3, 1903.


(All but three of the above have had col- lege training.)


BRADFORD COUNTY


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BY R. H. WILLIAMS


The bar of Bradford eounty has been noted from the first organization of the eourts in the county in 1813, for ability and worth. There may have been more eminent characters in its earlier history than now, but they were developed by the circum- stanees and requirement of their day, which, laeking in the present, more prosaic times, leaves just as able men in comparative ob- seurity.


The first courts were organized at To- wanda in 1813 upon the organization of the eounty, by the eminent John Bannister Gib- son, afterwards chief justice, who had been appointed by the governor for that purpose. William Prentice, who had been admitted to the bar of Luzerne county in 1799, at the age of thirty-four years, was the first full-fledged attorney in Bradford county. In 1813 and 1814 the following attorneys were admitted at the first term of common pleas, and signed an agreement as to the rules of pleading : Edward Herrick (afterward president judge of the district), Ethan Baldwin, Charles Cat- lin, Simon Kinney and C. F. Welles.


Admissions followed as follows: Edward Overton, 1816; William Patton, Horace Wil- liston, Robert Welles, Darius Bullock, 1818; David Cash, 1819; D. F. Barstow, 1823; J. C. Adams, 1824: Alpheus Ingham, Rinaldo D. Parker, 1826; William Watkins, Ellis Lewis (afterwards chief justice of Pennsyl- vania), 1828; E. W. Baird, Hiram Payne, 1830; William Elwell (president judge Twenty-sixth distriet of Pennsylvania), James T. Hale (afterwards president judge of the Twenty-fifth district of Pennsyl- vania), Mason Hulett and Stephen Pierce, 1832; Norman H. Purple (justice of the su-


preme court of Illinois), 1833; David Wilmot (member of Congress, United States senator, judge of the court of elaims, author of Wil- mot Proviso), 1834; Silas Noble, 1835; Ly- man E. De Wolf, 1837; H. W. Patriek, 1838; Julius R. Barstow, R. C. Ingalls, 1839; Ed- ward Elwell, George Sanderson, H. T. Wil- cox, 1840; St. John Goodrich, James Holliday, E. W. Hazard, S. G. Patriek, Wil- son Seott, 1841; H. C. Baird, H. C. Kelly, L. H. Pieree, E. Smith, 1842; Ulysses Mereur (chief justice of Pennsylvania), 1843; Henry Booth (judge of the circuit court of Chi- cago), O. H. P. Kinney, Morris S. Wattles, Francis Smith, Julius Sherwood, Thomas Smead and Thomas Welles, 1844; Hugh Tyler, W. H. Peck, Galusha A. Grow, 1847; W. R. De Witt, N. P. Case, E. B. Parsons, 1848 ; James Macfarlane, H. J. Madill, J. B. Reeve, 1851; M. H. Case, J. N. Evans, D. A. Overton, P. D. Morrow, G. H. Watkins, 1853; A. C. Lyman, Henry B. McKean, 1855; G. D. Montanye, 1857; Edward Overton, Jr., 1858; H. N. Williams, 1859; Thomas J. Ingham (president judge of Sullivan and Wyoming counties), Thomas Ryan (member of Con- gress from Kansas, minister to Mexico un- der President Harrison, and now first assist- ant secretary of the interior), 1860.


From 1860 the admissions were more numerous, and until the close of 1875, ninety- four attorneys were sworn in. Among those who came to the bar prior to 1860, but very few survive. Of the number eight have been exalted by their abilities and the voiee of their countrymen to judicial positions in this and other states. Their ability, knowl- edge and integrity are held in the highest respeet. Not only have members of the bar


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risen to judicial honors but public councils have felt their influence. Wilmot, Overton, Mercur, Grow, Codding and Ryan have been members of Congress, while many others have sat in the halls of the state legislature. Madill attained the rank of major general in the Civil war, while Watkins died a lieuten- ant colonel, leading his regiment before Petersburg. Overton, Mckean, Davies, Ryan and Peck commanded companies.


The president judges have been as fol- lows: John Bannister Gibson, 1812 to 1816; Thomas Burnside, 1817; Edward Herrick, 1818 to 1839: John N. Conyngham, 1839 to 1849; Horace Williston, 1849 to 1851; David Wilmot, 1851 to 1861; Ulysses Mercur, 1861 to 1865; Ferris B. Streeter, 1865 to 1874; Paul D. Morrow, 1874 to 1890; Benjamin M. Peek, 1890 to 1899; Adelbert C. Fanning is the present incumbent.


Hon. Adelbert C. Fanning .- The subject of this sketch comes of one of the oldest families of Bradford county, Pennsylvania, and is widely known as a leader in his pro- fession. He was born in Springfield town- ship, July 25, 1851, the son of David G. and Antis (Canedy) Fanning. The father, a farmer by occupation, is a native of Massa- chusetts. His father (Adelbert's grand- father), Elisha Fanning, moved from Con- necticut to Massachusetts, and thence removed with ox teams to Springfield town- ship, Bradford county, Pennsylvania, in 1812, Springfield township being named in honor of his home in Massachusetts. His wife was Betsey Grace. Adelbert's father, now ninety-one years old, still lives on the old homestead where he has lived since he was twenty-one.


Our subject's mother was a native of Ver- mont and daughter of Alexander Canedy, and on both his father's and mother's side he is descended from Revolutionary stock.


Adelbert passed his boyhood on his father's farm and gained his preliminary education in the common and select schools ;


later he attended the state normal school at Mansfield, where he was graduated in 1872, and then entered the office of the IIon. De- Los Rockwell, of Troy, as a law student. Ile next studied in the law department of the Michigan university at Ann Arbor, of which he is a graduate, and then finishing his studies in the office of H. W. Patrick, of To- wanda, in 1874, passed his examination and was admitted to the bar. For a short time he was associated with Mr. H. W. Patrick, at Athens, but in 1875 settled at Troy, where he practiced alone till 1882. He was then associated in practice with Mr. Ray Gustin for a short time, after which he carried on his practice alone till the fall of 1898, when he associated with himself his nephew, Mr. David J. Fanning. During these years of active practice Mr. Farming was retained in numerous important and noteworthy cases, and became widely known as a wise, safe and skillful counsellor and advocate. His practice in the orphans' court, especially, was both large and lucrative.


Mr. Fanning is a well known campaign speaker, and since 1876 has been active in the local councils and affairs of the Repub- lican party. During the years 1881, 1882 and 1883 he served as district attorney, and September 21, 1899, he was appointed to fill the vacancy on the common pleas bench caused by the death of Judge Peck, and in the fall of the following year, was elected to the same office for a term of ten years.


Mr. Fanning is a trustee of the state nor- mal school at Mansfield, and is connected with numerous business enterprises. He is an active member of the Masonic fraternity, and has filled all the various chairs of the lodge. With his wife, Judge Fanning is con- nected with the Methodist Episcopal church and for many years served as superintend- ent of the Sunday school.


In 1885 he married Miss Jennie E. Loomis. daughter of Mr. E. E. Loomis, of Troy, Pa. Of two children born to them, one son, A.


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Carl Fanning, survives, Pauline Frances having died in infancy.


Rodney A. Mercur, a prominent member of the Bradford county bar, was born in To- wanda, September 29, 1851, and is the eldest son of the late chief justice, Ulysses and . Sarah (Simpson) Davis Mercur. He was reared and has always lived in his native town, and was educated at the Susquehanna Collegiate institute, Phillips' academy, Exe- ter, N. H., and Harvard university; studied law with the late Judge Paul D. Morrow, of Towanda; was admitted to the Bradford county bar May 3rd, 1875; was admitted to practice in the United States circuit and dis- trict courts, June 20th, 1876, and to the su- preme court of Pennsylvania, March 11th, 1878. On May 29th, 1871, he was commis- sioned register in bankruptcy for the west- ern district of Pennsylvania, and filled the office until the act of Congress was repealed. From his admission to 1879 he was associat- ed in business with the late D. A. Overton, since which time he has been in active prac- tice alone, in the civil courts generally. He has always taken an active interest in poli- tics as a Republican, and was elected an al- ternate delegate to the National Republican Convention at Chicago in 1888; is a director of the James H. Hawes Mfg. Co., the To- wanda Gas Co., The Towanda Cemetery As- sociation, is president of the Bradford County Bar Association, a charter member of the Pennsylvania Bar Association, and for some years a member of the Committee on Law Reform; a member of the American Bar Association for more than twenty years, is a member of the Union League of Philadelphia, the Colonial Wars, the Colonial Society of Pennsylvania, the War of 1812, the Society of the Sons of the Revolution, and the Amer- ican Historical Association.


William J. Young, whose father, Edward, emigrated from England in 1829, settled in Towanda, and married Celinda Woodruff, daughter of Jesse Woodruff, one of Towan-


da's carliest settlers, was born in 1837. He was educated in the common schools of Bradford county, and at Troy, Pa., Academy, graduating from the latter institution in 1854. He immediately returned to the farm, where he remained until 1869. During this year, he accepted a position in the sheriff's office at Towanda, where he remained for three years. He then registered as a student in the law office of Peet & Davies, at To- wanda, and was admitted to the bar in May, 1877. For a short time he practiced in his own name, then formed with Isaiah McPher- son, under the firm name of McPherson & Young. After four years the firm was dis- solved and Mr. Young spent six years as prothonotary and clerk of the court of Bradford county. In 1891, he resumed the general practice in the Common Pleas and Orphans' Court.


A Republican in political opinion, he has taken an active part in campaigns as speaker for his party. He has been delegate to State conventions on numerous occasions ; has been chairman of the county committee, candi- date for Congress, and trustee of the To- wanda Public Library.


Henry Streeter, of Towanda, was born at Montrose, Pa., Nov. 1st, 1846, to Hon. Farris B. and Sarah B. Strceter. He received his education in the common schools, Phillips' academy, Andover, and at the Union col- lege, Schenectady, N. Y. Read law in his father's office and was admitted to the bar in Bradford county, in February, 1872. En- gaging at once in the general practice of his profession, he has, except for two years,. 1873-1875, when he was associated with Mr. William A. Peck, conducted his practice in his own name. He has made a specialty of corporation law. He has been attorney for the Lehigh Valley Railroad since 1873, has been president of the Ontario club, trustee of Robert Packer hospital, and a director in the First National bank.


A Republican in politics, he has taken an


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active part in the councils of his party and was once chairman of his eounty eommittec. Mr. Streeter has also taken an active interest in publie affairs, and for nineteen years was owner and operator of the Towanda Gas Works, and was one of the promoters instru- mental in the installation of the Towanda water works system.


William T. Davies, born December 20, 1831, at Glanmorganshire, Wales, is one of ten children born to David and Elizabeth Davies, both natives of Wales. The father immigrated to the United States in 1833 and settled on a farm at Warren in Bradford county, whither the inother eame with the family in 1834, and where they spent their lives-the mother dying in 1856 and the father in 1882.


The paternal grand parents were farmers and died in Wales. The maternal grand parents immigrated to the United States in 1834, but lived only a short time.


William passed his boyhood on the farm attending the distriet schools, and later at- tended the Owego academy in New York state, where, on leaving, he gave the vale- dietory address. He continued on the farm for a few years, teaching school during the winter months. In 1856 young Davies set- tled at Towanda, and for four years was principal of the graded sehools. During the last year he began the study of law with Mr. William Elwell, afterwards judge, and closed his preliminary studies under Mr. David Wilmot, and in September, 1861, was admitted to the bar. In August, 1862, Mr. Davies, together with Messrs. Guy H. Wat- kins and Benjamin M. Peek, recruited a company for the United States serviee, he going to his old home in Warren and Pike townships, and in four days enlisting seventy men. This company entered the serviee with Mr. Watkins as captain, and Mr. Davies as first lieutenant. Mr. Watkins a little later was made lieutenant colonel, and Mr. Davies was promoted to the captainey of the com-


pany. In October, 1862, he was strieken with typhoid fever, and returning to duty before he had fully recovered, he was seized with a relapse which affeeted his hearing, so that on May 23, 1863, lie was discharged for disability.


On his admission to the bar in 1861, Mr. Davies began practice in the office of Mr. William Watkins, whose daughter he had marricd. After returning from the army he continued his practice in the same office till 1869, when he became associated with Hon. Ulysses Mereur, with whom he re- mained until that gentleman's elevation to the supreme beneh of the state. From that time till 1875 he was a partner with Mr. Henry Peet, after which he was associated with Mr. W. H. Cornoehan, till his decease in 1882. Mr. Davies then formed with Mr. L. M. Hall, a eo-partnership, which lasted till 1890, since which time he has condueted his praetice alone. Mr. Davies' praetiee has always been of a general character and has always been very extensive in all the courts, and he is known as one of the foremost law- yers in his séetion of the state.


Mr. Davies has always been very active in the affairs of the Republican party, and in 1865 served his county as district attorney. In 1876 he was elected state senator, re- eleeted in 1880, and the following year was strongly endorsed for the office of state treasurer. In 1882 the Republicans of Brad- ford county heartily endorsed him for the governorship of the state, and four years later, in 1886, he was elected lieutenant gov- ernor for a term of four years. Mr. Davies was a delegate to the Republican national convention at Cineinnati in 1876; has served many times as a member of the Republican state committee, delegate to state conven- tions, and for many years was chairman of the Republican eounty committee.


Mr. Davies is a member of the Masonic fraternity and a Knight Templar; also be- longs to the Loyal Legion of the command-


W. T. DAVIES


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BRADFORD COUNTY


ery of Pennsylvania, the Grand Army of the Republic, and is a trustee of Susquehanna Collegiate institute.


In 1861, at Towanda, Pa., Mr. Davies mar- ried Miss Mary Watkins, a daughter of Mr. William Watkins, one of the leading and in- fluential lawyers of that place. Mrs. Davies' ancestors served in the Revolutionary war, and she traces her lineage back to early colonial times.


Of five children born to Mr. and Mrs. Davies, Thomas W. is deceased. The four that survive are Irene M., Guy H., in the office of the attorney general at Harrisburg; William T., Jr., a practicing physician at Harrisburg, and Mary E.


Hon. Ulysses Mercur was appointed judge of the Eleventh judicial district to succeed David Wilmot in 1861, and the following fall was elected for a term of ten years. Af- ter serving until March 4, 1865, he resigned to accept a seat in the Thirty-ninth Con- gress, which he held by re-election through the Fortieth, Forty-first and Forty-second Congresses, and eventually became chief jus- tice of the supreme court of Pennsylvania, a position which he held at the time of his death, in 1887.


Edward Overton, Jr., of Towanda, Pa., was born February 4, 1836. After acquiring a common school education, he attended Princeton college, from which he was grad- uated in 1856; he then took up the study of law with the late Judge Mercur and re- ceived his license to practice two years later. Judge Mercur, who was then county attor- ney, was elected president judge in 1861, and Mr. Overton was thereupon appointed to fill the vacancy for county attorney. This position, with his general practice, was the stepping stone to his brilliant legal career. In 1867 he was appointed to the office of referee in bankruptcy, which position he held for ten years without being reversed by the su- preme court in a single case. He resigned this office, however, upon his election to Con-


gress in 1876, and at the end of his term was re-elected, serving four years. He was coun- ty attorney when the war broke out, but his patriotic turn of mind prompted him to lay down his practice and enlist, which he did for a term of three years, in the Fiftieth Pennsylvania Volunteer infantry, serving as major, and his regiment was named "Old Reliable." The major was wounded on Sep- tember 17, 1862, when he returned home and again resumed his practice and has since been an active lawyer and politician.


William Little was born in Bradford county, Pennsylvania, in 1851. He was edu- cated in the common schools and at Blooms- burg State Normal school and at Hamilton college at Clinton, N. Y. In 1873 he came to Towanda and commenced the study of law in the office of Peet & Davis and was admitted to the Bradford county bar in 1875. In April, 1876, he formed a partnership with his brother, S. W. Little, under the style of S. W. and William Little, in a general prac- . tice.


A gold Democrat in politics, he was dele- gate to the National Convention to nominate Palmer and Buckner.


William Maxwell, another prominent mem- ber of the Bradford county bar, was born in Bath, Steuben county, N. Y., March 18, 1852. His father and mother, William and Eliza- beth Maxwell, who were farmers by occupa- tion, immigrated from Ireland about 1820.


William remained on the farm until thir- teen years of age, when he removed to Bath and commenced his education in the public schools of that place. He later entered as clerk in a furnishing goods store, where he remained until 1873. In March of the same year he went to Towanda and entered as law student in the office of Peet & Davies, and in May, 1875, he was admitted to the Bradford county bar. From 1875 to 1876 he was asso- ciated with Andrew Wilt, but since that time has been in practice alone. He has enjoyed a large general practice and has been en-


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THE BENCH AND BAR OF PENNSYLVANIA


gaged in most of the important litigation of his county.


In political opinion he was a Democrat until 1896, but since then has been affiliated with the Republican party. He served as chairman of the county Democratic commit- tce, was a member of the city council for two terms of three years each, was one year burgess of Towanda, and in 1898 was a can- didate for president judge but failed of elec- tion. He is a stockholder and director of the Citizens' National bank and a stockholder in several other enterprises.




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