The twentieth century bench and bar of Pennsylvania, volume I, Part 26

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 26

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).

IN MEMORIAM.

Memorial passed by the Potter County Bar Association on the death of H. C. Dornan :

"In the death of H. C. Dornan, the Potter County Bar has lost its brightest legal mind. No one in the community can know, as we do, how great the loss.

His knowledge of the law was vast and ac- curate. He had a wonderful knowledge of the cases decided, and a clear and correct impression of what would be held on prin- ciples judicially undetermined.

His opinions were sought and relied on by the profession young and old; and he was

Trzy

26. 6 varman

177

POTTER COUNTY

ever ready, courteous and kind where his so valued opinions were sought.

If this bar has a standing worthy of note Mr. Dornan's example, in preparation and trial, has greatly contributed to this acquire- ment.

He had a happy faculty of appreciating the elements involved in all litigated ques- tions; and his industry was such that no reported case ever escaped his ready eye in preparation or surprised him at trial.

He was always kind to his associates and his adversaries, truthful and honest with the eourt.

With solemn reeollections of the past, no act of his can be recalled to mar the happy association and professional relation ; while his many personal favors ean be readily re- called by every associate at the bar.

Words are inadequate to express our sor- row and regret; but our best praise of his work while living and our keenest sorrow for his untimely death, we wish to inscribe to his memory; and we ask that this token to his life and death may be inseribed upon the records of the court he has so highly honored.

Signed by each individual member of the bar of this eounty.

Filed March 17, 1903."

J. Walter Wells was born in Oswayo town- ship; was educated at Cornell university, studied law with Mann & Ormerod and was admitted in 1891; was a member of the state Legislature in 1897-8 and at one time was associated with J. Newton Peck.

A. M. Devall, the present district attorney, was born at Wharton, Pa., Dceember 24, 1873; was educated at Dickinson eollege and at Bueknell university and was admitted to practice in 1899: was elected to the office of district attorney in 1901.

Nelson & Maynard. - II. W. Nelson was born in Coudersport; studied law with J. Newton Peck and was admitted to praetiee in Potter county. C. G. Maynard was born

in Boston, Mass., February 2, 1876; studied law with his present partner and was ad- mitted to practice in 1899. They make a specialty of commercial and collection busi- ness and have attained a good reputation in this branch of practice. Mr. Maynard is at present eity solicitor.

A. R. Moore was born in Allegany town- ship; studied law while sheriff of the county and was admitted to practiec March 1, 1897. Has served as referee in bankruptcy since the present Bankruptcy Act has been in force; is at present member of the Legislature.

I. P. Collins was born at Belfast, N. Y .; was edueated at Mansfield, Pa .; studied law with Larrabee & Lewis and was admitted to practice in 1885.

E. M. Elliott was born in Mansfield, Pa .. February 3, 1871; was educated at Mans- field State Normal and at Lafayette college, and was admitted to practice in Potter coun- ty June 23, 1899.

F. A. Leet was born at Ulysses July 29, 1872; was educated at Lafayette college, taught school for some years in the high school at Emporium, Pa., and was admitted to practice in Potter county September 19, 1900.

Of the leading lawyers away from the county seat, F. E. Baldwin of Austin is prom- inent in politics and in the legal profession ; he has a very luerative business and stands high among his associates at the bar.

Nelson L. Allen of Galeton has been at the bar a number of years; was born and edu- cated in the county and enjoys a good prac- tice.

Art S. Burt of Ulysses was born and cdu- cated in the county and does the principal amount of legal business in his seetion of the county.

Memorial passed by the Potter County Bar Association on the death of Harry A. Scoville :

"For the second time during the present

178

THE BENCH AND BAR OF PENNSYLVANIA

winter, our ranks have been broken by the death of an honored member of our bar.

We deem it a pleasure to have been asso- ciated with a man so congenial, honorable and upright in every walk of life.

Our Brother, Harry A. Scoville; has been many years a member of this bar, having been here first admitted to praetiee, and having spent the greater part of his profes- sional life in onr immediate association.

For nearly a quarter of a century he has been an officer in this court, during which time he held for a term the responsible and honorable office of district attorney, and in all these years he has never brought diseredit to the profession, but has ever maintained the love and respect of the eommunity and of his fellows at the bar.

It is a pleasure to us to recall his happy

disposition, his manly and upright life, but this remembrance deepens the sorrow with which we contemplate his untimely death.

We are proud to record that manliness, right living, honesty and integrity are not rare qualities in the lawyer of to-day, and in thus commemorating the life of Brother Scoville, we do not denominate him as an exception ; however, such a life is worthy of imitation and commendation, and we there- fore indite this tribute to help to perpetuate the good qualities of a worthy officer of this court.

And we respectfully request that this ae- tion may beeome a part of the court's records.

Signed by cach individual member of the bar of this county.

Filed March 19, 1903."

179

LACKAWANNA COUNTY

BY E MERRIFIELD

The sixty-seventh and last ereated of the counties of the Commonwealth of Pennsyl- vania is Laekawanna, the fourth in import- anee and population. Its territory was for- merly embraced in Bucks, one of the three original counties of the Provinec of Pennsyl- vania. From Bueks, Northampton was estab- lished on Mareh 11, 1752. From a part of Northampton, Northumberland was created Mareh 27, 1772. Luzerne was taken from Northumberland and established September 25, 1786. The counties of Bradford, Susque- hanna and Wyoming were formed from Luzerne, the latter on the 4th of April, 1842; from which time Luzerne remained intact until the formation of Lackawanna. On the 17th of April, 1878, after a long and arduous struggle, an enabling act was passed by the legislature providing for the division of eounties containing a population exeeeding 150,000. The people of the northern seetion of Luzerne, embracing the proposed Lacka- wanna county district, availed themselves of the aet, and an election was ordered and held on the 13th of August, 1878, resulting in 9,615 votes being east in favor of the meas- ure, and 1,986 against it. A return thereof was duly made, and Governor John F. Hart- ranft, on the 21st day of August, 1878, pro- claimed Lackawanna the sixty-seventh eoun- ty of the Commonwealth.

Immediately thereafter the governor ap- pointed Benjamin S. Bentley president judge ; F. L. Hitchcock, prothonotary ; A. B. Stevens, sheriff; William N. Monics, treas- urer ; Joshua R. Thomas, clerk of the court; A. M. Renshaw, recorder; John L. Lee, regis- ter; F. W. Gunster, distriet attorney ; P. M. Walsh, county surveyor; H. L. Gaige, H. F.

Barrett and Dennis Tierney, commissioners ; W. J. Lewis, Robert Reeves and E. J. Lynett, auditors; Eugene Snyder and J. J. Lyneh, jury eommissioners, and Edward Travers, eoroner. Seranton had been duly designated as the county seat, and on the 2d of Sep- tember, 1878, the officials met in the place known as the Tripp building, corner of Wyo- ming avenue and Linden street, and organ- ized the several courts of the county. The appointment of Judge Bentley had been made on the ground that beeause the new county contained a population of over 40,- 000, it at once beeame a separate judicial district. This proposition was disputed. The matter was brought to the attention of the Supreme Court, and a rule entered to show cause why a writ of mandamus should not issue, commanding the judges of Luzerne to organize said courts. The ease was ar- gued October 14, 1878. The rule was made absolute, and a writ of mandamus direeted to Garrick M. Harding, president, John Handley and William H. Stanton, additional law judges of Luzerne, to proceed to Seran- ton and organize the several courts of Lack- awanna county. In pursuance of which, the said judges appeared on the 24th day of October, 1878, and performed the duties com- manded. This therefore is the day upon which the legal machinery of the county was first put in motion. In the meantime the commissioners had secured Washington Hall, eorner of Lackawanna and Penn avenues, and arranged it for a court house: and it was in that building that the meeting for organization took place.

By aet of Assembly of March 12, 1879, Lackawanna eounty was made the forty-

180

THE BENCH AND BAR OF PENNSYLVANIA

fifty judicial district, and Judge Handley, being a resident thereof, was assigned as president judge. Judge Alfred Hand, who had been appointed to fill the vacancy oc- casioned by the resignation of Judge Stan- ton, being also a resident, was assigned as additional law judge. In the fall of 1880 he was elected to succeed himself, being the first law judge clected in the county. In the fall of 1879, the county yet being a part of the Luzerne district. W. J. Lewis and P. M. Moffat were elected associate or lay judges, and continued to act as such dur- ing the term of five years. On the 15th of June, 1887, an act of Assembly was ap- proved, providing for another additional law judge, under which H. A. Knapp was ap- pointed to serve until the ensuing first Mon- day of January. His place was filled by the election of Jolin F. Connolly in the fall of 1887. By an act approved July 11, 1901, a separate Orphans' Court was established, and A. A. Vosburg was appointed Orphans' Court judge to serve until the first Monday of January, 1903. At the preceding election in November, M. F. Sando was elected for the succeeding termn.

On the 15th of December, 1879, the Lacka- wanna Iron & Coal Co. and the Susquehanna & Wyoming Valley Railroad and Coal Co. contributed a block of ground in the central part of the city for a court house, and prep- arations were commenced for its crection. On the 14th of April, 1881, ground was first broken; and on the 25th of May, 1882, amid great pomp and ceremony, the corner-stone was laid. It is an imposing structure, cost- ing originally about $200,000. The building was completed and occupied in 1883.

The area of Lackawanna county is 470 square miles : its population in 1880 was 89,- 269: in 1890, 142,088, and in 1900 was 193,- 831. Traversing through the central part from northeast to southwest is the Lacka- wanna anthracite coal field, averaging about four miles in width. On either side of the

mountain ranges which form the boundaries of the Lackawanna valley, are agricultural districts. The municipalities within the county are the cities of Scranton and Car- bondale, the boroughs of Archbald, Blakely, Dickson, Dunmore, Elmhurst, Glenburn, Jermyn, La Plume, Mayfield, Olyphant, Thornhurst, Taylor, Waverly and Winton : the townships of Benton, Carbondale, Clif- ton, Covington, Fell, Greenfield, Jefferson, Lackawanna, Madison, Newton, North Ab- ington. Old Forge, Ransom, Roaring Brook, Scott, South Abington and Spring Brook.

Prior to the formation of the county there had been two Mayor's Courts, one at Scran- ton and the other at Carbondale, with ex- clusive jurisdiction in certain prescribed ter- ritory, in all Common Pleas, Orphans' Court and Quarter Sessions matters, and which were presided over by a recorder re- quired to be learned in the law. These courts were a great convenience to the peo- ple of the said localities, in enabling them to do their law business near their homes; but by the new constitution of 1873. they were abolished and ceased to exist on the 1st of January, 1875. This gave an impetus to the question of dividing the county, and which resulted in its final consummation.

By an act of Congress of August 5. 1886. . it was provided that two sessions of the United States District and Circuit Courts of the Western District of Pennsylvania should be held at Scranton in the county of Lacka- wanna. In pursuance of which Justice Brad- ley of the United States Supreme Court and Judge Acheson of the District Court came on the 6th of September, 1886, and formerly opened the same. Soon thereafter, by the active exertions of Congressman J. A. Scran- ton, an act was passed providing for the crection of a public building to accommodate the postoffice and the said courts.

Later Congressman William Connell se- cured the passage of the act of March 2d, 1901, creating from parts of the Eastern and

181

LACKAWANNA COUNTY

Western distriets, the Middle district of Pennsylvania; providing for sessions of the courts at Harrisburg, Seranton and Will- iamsport. On the 29th of March, 1901, R. W. Archbald was commissioned the judge of said Middle distriet. This eourt was organ- ized at Harrisburg May 6, 1901, and the first meeting in Seranton took place on the 8th of May, 1901. Scranton was designated as the place for keeping the district records.

By an aet of the legislature of Pennsyl- vania, approved June 24, 1895, an interme- diate Court of Appeals was ereated, styled the Superior Court of Pennsylvania. By its provisions an annual session of this eourt is held in Seranton. A commodious room was fitted up in the county court house and ded- ieated to its purposes. The first session took plaee beginning on the 13th day of January, 1896.

The first settlement in the territory of Lackawanna eounty was an Indian village situated on the flats near the central part of the eity of Seranton. It was started about the year 1700 and was ealled Capoose. The inhabitants belonged to the tribe of Monseys. The first white settlers eame in 1771. Mueh of the territory along the Lackawanna was taken up by the Susquehanna Land Com- pany, an organization chartered by the state of Connectieut, which disposed of the same to settlers principally from the eastern states. Some of the land titles have no ree- ords among the state arehives at Harrisburg, but are traced baek to the original Connecti- eut purehasers. After the decree of Trenton settling the dispute between Conneetieut and Pennsylvania the lands were surveyed and taken up by settlers, principally from the eastern part of New York and New Eng- land. Thus the territory remained an agri- cultural district until the advent of the Dela- ware & Hudson Canal Company, which start- ed mining operations at Carbondale in 1827. This beeame and remained the most import- ant town of this section for a great many

years. In 1840 George W. and Selden T. Scranton and Sanford Grant started the iron works at what was then called Sloeum Hol- low, now Scranton, which enterprise was fin- ally merged into the Laekawanna Iron & Coal Co. This led to the building of the Laeka- wanna Western railroad from Seranton to Great Bend, which was opened for traffie in 1851. In 1856 the line was extended easterly to connect with the New Jersey Central for New York, and the name changed to the Delaware, Lackawanna & Western Railroad company. Besides this important railway, there are now eentering at Seranton the Del- aware & Hudson railroad; a branch of the Erie, formerly the Erie & Wyoming Valley railroad; the Ontario & Western; the New Jersey Central, and the Laurel Line. Seran- ton is the most important place in the county, its population having increased from 35,092 in 1870, to 102,026 in 1900.

At the time of the organization of the courts of Lackawanna, resident attorneys who had been praetieing in the Mayor's Courts, and in the courts of Luzerne, were sworn in without any preliminary proceed- ings, hence in many of the following bio- graphieal sketches the date of admission to the Lackawanna bar is not noted. Most of the lawyers who have been in active praetiee more than two years have beeome members of the Superior Court, the United States Dis- triet and Cireuit Courts, and the Supreme Court of Pennsylvania.

Charles H. Silkman .- The first lawyer that eame to Providenee township from which Seranton was formed was Charles H. Silk- man. He came from Westchester county, New York, and settled in Hyde Park village in 1835. He had an academic education and had been admitted to the bar prior to his coming. He was admitted to the bar of Luzerne eounty on the first of January, 1838, and immediately after established an office at Providenee. In a very few years he ranked as one of the able lawyers of the county. He

182

THE BENCH AND BAR OF PENNSYLVANIA

was a man of great natural talent and a trial lawyer of more than ordinary capacity. He was a fluent speaker with a great gift of sarcasm. He was a Democrat in politics, and although not an offiee seeker wielded a great influenee. In 1854 he went to Milwaukee, where he practiced his profession for a few years. He returned to Seranton and became a member of the Mayor's Court October 1, 1866, where le praetiecd until his death in 1877. He was married to Lucilla Tripp short- ly after his advent to Providence township.

J. Marion Alexander was the next of the lawyers of old Providence township. He was a native of Cortland county, New York, and was edueated at the academy at Homer in said county. He read law in the office of Mr. Robinson at Honesdale, Pa., and came to Providenee in 1846, where he commeneed practice. He was admitted to the bar of Luzerne eounty August 4, 1846. He was a good lawyer and in a comparatively short time accumulated quite a property. He be- eame editor of the "Luzerne Union," a Demoeratie paper of Wilkesbarre, where he established a reputation as a forcible and entertaining writer. He was married to Miss Atwater, an accomplished lady of Wayne county. He moved from Wilkesbarre to the state of Kansas.

David S. Koon was next on the list of ad- missions of the Providence lawyers, and was admitted to the Luzerne Bar January 5, 1848. He was born in Dutchess county, New York, September 9, 1818. He eame to Penn- sylvania and was educated in the public schools of Greenfield and Carbondale. He read law with D. N. Lathrope and came to Providence. He was there appointed post- master under the administration of James K. Polk. In 1850 he was elected justice of the peace in Providenee and filled the office with distinguished ability. In 1853 he was appointed eanal inspector at Buch Haven, Pa. He was a member of the House of Rep- resentatives from Luzerne eounty for the

years 1866 and 1867. No man had more of the confidence and esteem of the people. Hle married Eliza Hollister in January, 1849.

Hon. George Sanderson .- One of the most enterprising lawyers of Scranton was the elder George Sanderson. He was a native of Boston, Mass., and was born February 25, 1810, to Jaeob and Jerusha '(Gardner) San- derson. He was educated at the Boston Latin school. At an early date he came to Towanda, Pa., and read law with David Wihnot, of national reputation. He became a member of the bar of Bradford county about the year 1837, and commenced the practice of law, meeting with considerable suecess. For six years he held the office of prosecuting attorney of Bradford eounty. He was subsequently elected a Senator of Penn- sylvania from the district composed of the eounties of Bradford, Susquehanna and Wyoming. In 1853, while a member of the Senate, his attention was ealled to the Lack- awanna valley and in April, 1855, he pur- chased a large traet of land in the eentral part of Scranton which he plotted into lots. It proved a remunerative enterprise, and be- came the most valuable residence section of the city. In November, 1855, he established a banking house at Seranton with Burton Kingsbury as partner, under the name of George Sanderson & Co. It remained one of the solid moneyed institutions of the city until 1873, when it was merged into the Laekawanna Valley bank. On the organiza- tion of the Mayor's Court of Seranton in Oc- tober, 1866, he was admitted as a member, having been admitted to the Luzerne bar shortly after his advent in Scranton. He devoted most of his time to his real estate and other business transactions. Showing his wisdom and forethought, he subsequently purchased another large traet of land in the upper part of the city, which he improved and christened Green-Ridge. It soon became one of the most important adjunets to the city. He was one of the few men who prae-

183

LACKAWANNA COUNTY

tically assisted in the establishment of Lacka- wanna county. To Mr. Sanderson is due tlie credit of being one of the potent factors in making Scranton the metropolis of north- eastern Pennsylvania. He was beneficent in his public contributions, and commanded the respect of the entire community. In politics he was Democratic, and frequently was heard in political campaigns as an eloquent and effective speaker. While Scranton was a borough he was twice clected burgess. On the 29th of September, 1835, he was married to Marion W., daughter of Col. Joseph Kingsbury. One of his sons is George San- derson, whose sketch is found elsewhere, and one of his daughters is married to E. B. Sturges. He died on the 1st day of April, 1886.

Hon. Alfred Darte, who was elected re- corder of the Mayor's Court of Carbondale in 1872, was born in Tolland county, Con- necticut, July 14, 1810. He came with his father, Elias Darte, to Dundaff, Pa. He read law in Kentucky, where he was admitted to the bar of that state, then returned to Sus- quehanna county and became a member of the bar at Montrose. He moved to Carbon- dale in 1845 and was admitted in Luzerne county in 1846. He was at one time a colonel in the state militia and in 1861 volunteered in the three months service. From 1871 to 1873 he was district attorney of the Mayor's Court. He married Anna E. Cone December 30, 1840, by whom he had several children, one of whom, Alfred Darte, Jr., became judge of the Orphans' Court in Luzerne county. Mr. Darte died August 13, 1883.

Joseph H. Campbell came to Scranton in 1867 and was admitted to the Mayor's Court at the December term, 1867. He was born July 8, 1829, son of Robert and Catherine (Mettler) Campbell. He was educated at the Lewisburg university and read law with Judge Jordan of Northumberland county and Judge Cooper of Montour, and was ad- mitted in the latter county September 20,

1858, where he practiced for a few years. He was elected district attorney of Montour in 1861 and 1864. On the 12th of November, 1867, he was admitted in Luzerne county. Mr. Campbell was married to Mary Recd October 22, 1855, and died at Scranton Au- gust 7, 1888, leaving a family.

David R. Randall was another of the law- yers of old Providence, and was a native of New Hampshire. He was born August 21, 1818. With his parents he came to Chenango county, New York, and was educated at Ox- ford academy. In 1844 he was elected county superintendent of schools in Chenango. He came to Hyde Park, Pa., in 1846, where he taught school. About the same time he be- came a student at law in the office of Charles H. Silkman and was admitted to the bar of Luzerne county November 4, 1847. His abil- ity was of a high order and his industry pro- verbial. He despised trickery and depended for success wholly upon the justice. of his cause. In 1860 he received the Democratic nomination for Congress, but was not clected. In 1864 he was elected prosecuting attorney of Luzerne county and went to Wilkesbarre to live. He conducted the office to the satis- faction of the people, and had it not been for the breaking down of his health, would undoubtedly have received further political preferment. He died on the 3d of August, 1875.

E. S. M. Hill was also a practitioner in old Providence. He was a man of good educa- tion and read law in the office of Charles H. Silkman. He was admitted to the bar of Luzerne county August 3, 1847, and com- menced practice in Providence. He had a good knowledge of law, was painstaking and made an excellent counsellor. He drifted off into journalism, at one time being the editor of the "Scranton Daily Democrat." After- wards he established the "Luzerne Legal Observer," the pioneer legal paper of the county. In 1866 he was elected the first mayor of the city of Scranton, and as such

184

THE BENCH AND BAR OF PENNSYLVANIA

sat on the beneh with Judge John N. Coyn- ingham, the first reeorder of the Mayor's Court.

Hon. Walsingham G. Ward .- One of the remarkable men of his time was Walsing- ham Griffin Ward, born at Dover Plains, New York, October 7, 1823. He eame with his father and settled on a farm near Hyde Park, Pa., in 1843. His educational advan- tages had been very limited. While at work on the farm, and at times in saw mills, he employed his spare time in reading and study. His memory was very retentive, and he soon developed an aptitude for debate. He carly manifested a disposition for the law, and in due time was found appearing before justiees of the peaee in the trial of eases. He beeame a student in the law office of J. M. Alexander at Hyde Park, and on the 10th of November, 1851, was admitted to praetiee in the courts of Luzerne eounty. He was soon recognized as a shrewd, keen and practical lawyer, and was employed on one side or the other, in most of the eases that emanated in this seetion. As age rolled on, he kept growing in his mentality; until the time eame when there were few who would deny to him the attributes of a great lawyer. Not alone in the eriminal eourt, where he was a host, but in the eivil, he was equally strong. He was elected reeorder of the Mayor's Court of Seranton, in 1870, the duties of which he performed for five years, when he resumed his law praetiee. It would have been quite as well for his fame, had he never entered the judicial field; not that he did anything to mar his integrity, or east a suspieion upon his honesty of purpose ; but like many able trial lawyers who have gone the same way, he seemed to laek essential elements necessary to gain eminenee as a judge. He had several partnerships; at one time D. C. Harrington, another George B. Kulp, then James Mahon, then F. W. Guns- ter, then H. M. Edwards, and lastly George S. Horn, with whom he remained until his

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

The twentieth century bench and bar of Pennsylvania, volume I, Part 26

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