USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 38
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William S. Smith, son of William and Ag- nes Smith, was born May 8, 1864, at Aber- deenshire. Seotland, and was educated in the publie schools of Oil City and at the University of Michigan. After leaving school was engaged in teaching sehool for some time, studied law, and was admitted to the bar at Meadville, Pa., November 29, 1901. Mr. Smith was elected register of wills and recorder of deeds in Crawford county in 1894 and served in that position until 1900. He is engaged in the praetiee of his profession as a member of the firm of Flood & Smith, Meadville, Pa.
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ERIE COUNTY
BY JAMES SILL
It would be impossible to give a faithful history of the bench and bar of Erie county during the last century without mentioning the names of the many persons who, especi- ally in the early part of the last century, had their homes in other of the wilderness coun- ties, which in the year 1800, by enactment of the Legislature of Pennsylvania, was formed and named as counties; embodying practically the northwestern part of Penn- sylvania, but often spoken of as the part of the state north of the Ohio, and west of the Allegheny river. To attend the early courts as organized from time to time in these sev- eral counties, treading the wilderness paths and sometimes aided by the paddling canoe, was by turns a hardship to be endured, or recreation to be enjoyed by the clusters of notable men, who, having located in north- western Pennsylvania, fond it necessary in the pursuit of their avocation to follow the learned judges, who had been commissioned by the commonwealth to administer justice in the wilds of Pennsylvania.
Some of these practitioners were learned and accomplished, with abilities fitting them to fill the highest positions of the state and nation. Their work is done; their career is closed : but some of their names are inscribed in the records of the highest judicatories of the land, and their recorded opinions adorn a number of the reports of courts of the high- est resort of the state and nation. It is un- necessary to particularize at this time, but a mention of the names of Henry Baldwin, William Wilkins, the Fosters, the Wallaces, the Farreleys, Walter Forward, Ralph Mar- lin, Daniel Agnew, John Banks, John J.
Pearson, Dudley Marvin, John Galbraith, Fetterman. J. Stuart Riddle, David Derrick- son, James Thompson, John H. Walker, Eli- jah Babbitt and Thomas II. Sill, will aronse a train of thought and revive memories of a cluster of brilliant men whose names are im- perishably connected with the administra- tion of justice during the last century, while the scales of justice were held with un- swerving fidelity by judges of whom may be mentioned with unalloyed satisfaction the names of Alexander Addison, Jesse Moore, Henry Shippen, Nat B. Eldred, James Thompson, Gaylord Church, John Galbraith, Daniel Agnew and others, contemporaries of the present generation too recent to need re- capitulation at this point.
The biographers of Lincoln dwell with great force and enchanting interest upon the stories of the lives of the remarkable men who, in company with Lincoln in his earlier days, treaded the devious and often almost impassable prairie roads of Illinois in the practice of their profession. The lives of these men are reprodneed as connected with the early professional struggles of the great emancipator. Together these helped to set out and embellish the story of his life. Im- portant and remarkable as the triumphs of the professional advocate at the bar, his rec- ord is often but ephemeral, and his glory soon fades away, but the history of the bar in Illinois or in any other state may be chal- lenged to produce a record of a group of abler men who, in their day and generation. were an aggregation of professional men su- perior under all the disadvantages they en- countered to the cluster .of attorneys and
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judges connected with the administration of justice in northwestern Pennsylvania at the period alluded to, able, accomplished and resolute, they bravely overeame difficulties; they encountered hardships, and were equal to the duties of the hour and were not dis- couraged by the privations incident to the isolated condition of the region in which their lot had been east. To tell the story of the lives of such men, is alike a pleasure and a duty, for it is a reminder of by-gone days to the old, a lesson of encouragement to the young, and valuable for all to know how a brave heart and unfaltering trust can sueceed under the most adverse cireum- stanees.
One hundred years ago the whole of Penn- sylvania, which now contains fifty-six judi- cial districts with one hundred and eight law judges, was comprised in five judicial dis- triets. With the ereation of the eight eoun- ties into which northwestern Pennsylvania was divided, to-wit: Armstrong, Beaver, Butler, Crawford, Erie, Mercer, Warren and Venango. The five last named counties were for three years provisionally made one eoun- ty, and was a part of the Fifth distriet. Their court at Meadville was presided over by Judge David Clark. In 1803 the Sixth dis- triet of Erie, Crawford, Mereer, Beaver and Butler was established, and eourts directed for each eounty of this district. Hon. Jesse Moore was on April 5th, 1803, appointed judge and served until his death in 1825.
Meanwhile, Beaver and Butler were de- tached and later Mercer. On Judge Moore's death, in April, 1825, Henry Shippen, of Huntingdon, was appointed president judge, and served until his death in 1839. After- wards Venango was added and so continued until about 1849. Warren was added in 1840. In 1870 Crawford was detached and Frie and Warren, with Elk, continued to be the Sixth district until the constitution of 1873 made Erie an entire district. From 1839 to 1843 Hon. N. B. Eldred, born in
Orange county, N. Y., and died in 1867, was president judge. From 1843 to 1851, Hon. Gaylord Church was president judge. He was born in Oswego in 1811 and died in 1869. Hon. John Galbraith, born in Huntingdon . county in 1794, died June 15th, 1860, was jndge from 1851 to 1860. That year, 1860, after the brief term of Hon. Rasselas Brown, born in Jefferson county, New York, Septem- ber 10, 1812, died August 23, 1895, Hon. S. P. Johnson was elected in 1860 for ten years, to be in turn succeeded by Ilon. L. D. Wet- more, born in Warren county in 1818. Ile was followed by Hon. John P. Vincent, born December 2, 1817. in Waterford, to be in turn suceeeded by Hon. William A. Gal- braith, born in Franklin in May, 1823; died 1898, and he by Hon. Frank Gunni- son in 1887, and he in 1897 by Hon. Emory A. Walling, the present president judge. From 1839 to 1845 Hon. James Thompson was distriet judge, and from 1856 to 1866 Hon. David Derrickson, born in Cumberland county in 1798: died August 13, 1884; was additional law judge, succeeded in 1866 by Hon. John P. Vincent, who served until 1874, when he became president judge.
The list of Erie's sixteen associate judges, embraeing a number of noted men, is as fol- lows: John Kelso, of Erie, in 1803 and 1804, was also general in the war of 1812, state commissioner of sales in 1802, 1803 and 1810, and elerk of courts in 1804 to 1809, and in 1819; Samuel Smith, of Millereek, from 1803 to 1805, was also a member of Congress from 1805 to 1808; William Bell, of Erie from 1805 to 1814; John Vincent of Waterford from 1805 to 1840, who was also first eounty eon- missioner of Erie from 1803 to 1804; Wilson Smith, of Waterford, from 1814 to 1820, who was also sheriff of Erie county in 1803 and 1805, a member of Assembly in 1804, 1808 and 1819, Senator from 1809 to 1816, and presidential elector in 1832; John Grubb, of Millcreek, from 1820 to 1841, was also commander of state troops guarding
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surveyors who laid out Eric in 1795, and county commissioner in 1813 to 1815; John Brawley, of Northeast, from 1840 to 1850, was also collector of Port of Eric from 1857 to 1859; Myron Hutchinson, of Girard, from 1841 to 1851, was also justice of the peace and postmaster of Girard; Jos. M. Sterrett, of Erie, from 1850 to 1856, was also Senator from 1837 to 1841, and postmaster of Erie from 1861 to 1869; James Miles, of Girard, from 1851 to 1856, was also director of the Cleveland & Erie railroad in 1855; Samuel Hutchins, of Waterford, from 1856 to 1861. also member of the Assembly in 1839 and 1840; John Greer, of Northeast, from 1856 to 1866, was also presidential elector in 1860; William Cross, of Springfield, from 1861 to 1866; Hollis King, of Corry, from 1866 to 1871; William Benson, of Waterford, from 1866 to 1876; Allen A. Craig, of Erie, from 1871 to 1876, was also sheriff of Erie county from 1861 to 1864, and paymaster in the United States army in 1864 and 1865.
The first mentioned were closely connect- ed with the settlement of the county. The ten last named are associated with its de- velopment. Each in his turn helped to give character and authority to the bench, and aided in the considerate dispatch of its busi- ness, more especially outside of the trial and civil cases. The provisions of the constitu- tion of 1873, dispensing with the associate judges, were accepted with grave doubts as to its expediency. There are no survivors of this notable line of judges, and the last who served as such in Erie.
Judges Benson and Craig were admitted as attorneys of the Eric bar at the expiration of their terms in 1876. Their admission was an enduring testimonial of the regard in which both were held by the president judge and the bar with whom cach of them had been officially connected.
The judicial duties of the Erie district were enormous from the start. To preside in five counties at the quarterly term of court,
together with the intervening special courts, involved much of labor. So observable was the accumulating business with the vast in- crease of population and the augmentation of property with the various court business thus caused, in 1856 a new law judge was authorized to aid in the responsible duties of the courts of the Sixth district. It was in the discharge of these duties that the abil- ities and capabilities for work of David Der- rickson, clected in 1856, and of his succes- sor, John P. Vincent, elected in 1866, became so evident, while the labors of S. P. John- son, elected president judge in 1860, and of his successor, L. D. Wetmore, elected in 1870, were equally laborious, augmented as they were by the important questions growing out of the discovery of oil. All the subtle- ties they involved, were in addition to the settlement of confused titles of the oil re- gions, which the mineral development made so valuable, and their possession so much de- sired. The duties of their successors, Judge Galbraith, elected in 1876, Judge Gunnison, elected in 1886, and Judge Walling in 1896, though restricted to Erie county alone, which was made to constitute the Sixth district, afforded scope for the industry, ability and executive capability, which enabled each in turn to fill his position with so much accept- ability.
Judge Wetmore was assigned under the new constitution, to the Warren district.
Judge Johnson resumed his practice at the bar, which was continued until his death.
Judge Vincent, in the fullness of his ex- perience, though more than four score years of age, has furnished an example worthy of imitation to the younger members of the bar.
Judge Galbraith resumed practice at the close of his term, but died in 1897, and
Judge Gunnison, elected as he was, at an earlier age than any other law judge of Erie county, has resumed his practice with char- acteristic industry and success.
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The people of Eric county feel that their interests will be carefully guarded while the scales of justice are held by Judge Walling, elected in 1896; that their judge is one in whom they can place the fullest confidence. To a quickness of perception and almost in- stinetive grasp of the strong points of the case, Judge Walling adds a courtesy of man- ner and respect for the rights of all, which makes the practice of law in his court a pleasure. During the five years that he has administered his duties with promptness upon the many grave questions which the conflicting interests of corporations, and the nice points of law are now so frequent, es- pecially in the consideration of injunctions, now so common, Judge Walling has exhibit- ed keen discernment with the satisfaction of having very few of his decisions reversed. It could hardly be otherwise, for his con- stant habits of study keep him abreast of decisions of the courts and his anxiety to do exact justice in the case under considera- tion, causes him to have but one purpose, which is the attainment of justice, rather than tenacity of any hastily formed opinion which the argument of a cause shows should be corrected.
The first court in Erie was opened in 1803 at Buehlar's tavern, corner of Third and French streets. It was afterwards removed to the log jail on East Second street. It was again changed to Conrad Brown's build- ing at the southeast corner of Third and French streets.
In 1808 the court house in West Park was occupied. After its destruction by fire in March, 1823, the Erie Academy was leased and occupied for court purposes until 1825, when the brick court house in West Park had been rebuilt and fitted for court use. It was occupied until May, 1855, when the present court house was put in use. The lat- ter was also used by the United States court from 1867 to 1888. Under the recent enlarge-
ment, it is arranged for the holding of two courts at the same time.
LAWYERS WHO CAME TO ERIE.
When it became known that Erie county was organized and invested with the right of self-government, and courts were to be held, a number of lawyers were attracted, who, though mostly non-residents, yet by their constant attendance became identified with the Erie bar, and at an early day helped to give that character for ability and cour- tesy that it has so long maintained.
William Wallace was the first resident at- torney. Ile came in 1800, representing the Pennsylvania Population company. He was an educated man, the father of Dr. William M. Wallace, and of Irvin M. Wallace. He returned to Harrisburg in 1810. There were present at or about the opening of the first court, Henry Baldwin, a man of great ability and eminence, who came from Connecticut, and was the son-in-law of Andrew Ellicott, who laid out Erie, and uncle of Col. John H. Bliss, who afterwards became a Judge of the United States Supreme Court.
Patrick Farrelly, an educated Irish law- yer, who regularly attended Erie courts, was three times elected to Congress, and died in 1826.
The presence of the learned and accom- plished John B. Wallace at the carly terms of court helped to raise the standing of this bar, as did also the presence of William N. Irvine, a son of the noted Revolutionary general, afterwards judge of the Adams dis- trict.
There were also the learned and accom- plished Fosters, then so conspicuous in west- crn Pennsylvania, one of whom was the father of the cloquent Henry D. Foster, of Greensburg.
The distinguished General Dudley Marvin was in attendance and admitted at one of the early courts of Erie. He afterwards at-
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tained his great distinetion as a statesman and lawyer in New York.
Col. Ralph Marlin was one of the earliest lawyers at the Erie bar; he was noted as a lawyer and military offieer.
Thomas H. Sill .- There were no resident lawyers from 1810 until June, 1813. Then Mr. Sill, a young man from Conneetieut, who had graduated at Brown university, and studied law at Cineinnati, was returning west to settle. While at Pittsburgh he learned that at Erie there was no resident attorney, and he came to this point, arriving in June, 1813. He opened his office and eommeneed his long professional and political eareer. His home and office was on East Sixth street, northwest corner of Holland, in the house Mr. Wallace had cecupied up to his depar- ture in 1810. His life was a busy one; his professional, politieal and eivil serviee was long and his experienee quite varied; his practiee extended through the five north- western counties ; he died in February, 1856. As the writer has preferred that the sketch of his life should eome from the pen of an- other, he has adopted from the issue of the Erie Gazette, presumably written by the late I. B. Gara, the tribute therein contained, to his life and character, as follows :
"This gentleman, who elosed his earthly career at his residenee on Sixth street, was the senior member of the Erie county bar, as well as one of the best known and miost esteemed citizens of northwestern Pennsyl- vania. He had so long and conspicuously figured in the affairs of this seetion of the state, and particularly of our city and eounty, that his name had become a house- hold word, and seldom was that name men- tioned without deep-seated respeet. Aside from his qualifications as a lawyer, which were of the first order, he possessed traits of eharaeter ealeulated to inspire universal regard and admiration. His deportment was unassuming, yet dignified, his disposi- tion kind and accommodating, his general
eourse of conduct based upon principles of acknowledged integrity. As a husband, he was attentive and affectionate; as a father, kind and indulgent; as a neighbor, generous and sympathizing; as a citizen, active, hon- est and true. In short, in all the relations of life, whether as a lawyer, legislator, friend or neighbor, he exhibited a eomniend- able spirit of interest in the welfare alike of the county, state and country; ever sustain- ing his endeavors to promote and secure the same by a strong and well-eultivated intel- leet, and ready and effcetive eloquenee.
"Mr. Sill was born at Windsor, Conn., on the 11th day of October, 1783. His father, Captain Richard L. Sill, served in the Revo- lutionary war, and oeeupied an honorable po- sition in his day. Graduating at Brown uni- versity in September, 1804, and his health failing him, he traveled in the southern states and the West Indies, at intervals studying law, completing his law studies with the Hon. Jacob Burnett, of Cincinnati, in 1809. He commeneed practice in Leb- anon, Warren county, Ohio. His health again failed, and after going back to Con- neeticut, and returning to the west as far as Pittsburgh, he was induced to determine to locate at Erie, then a naval station, where he arrived in June, 1813, and where he re- mained until his death. From 1816 to 1818 he held the office of deputy United States marshal. In 1819 he was appointed deputy attorney general for Warren county, and was president at the opening of the first court, practieing from that time until a re- cent period in the several courts of Erie. Warren and Crawford counties. The confu- sion oceasioned by the burning of the court house, with the records, in 1823, induced a general movement in favor of sending him to Harrisburg in the eapacity of a represen- tative. In eompliance therewith, he relin- quished his practiee and represented the distriet during the session of 1823. By dint of earnest effort, lie procured the passage of
Thomas Hohle.
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an act remedying the losses and inconven- iences resulting from the destruction of the county records; connected with an appro- priation from the state to assist in rebuild- ing a court house. He succeeded Hon. Pat- rick Farrelly in Congress in 1826, and was re-elected in 1828, being at that period the only Andrew Jackson member from Penn- sylvania. He declined re-election. He was chosen president of the United States bank in 1837 and held the office to the close of the existence of that institution. At various times he was elected burgess of the then borough of Erie, and for nearly thirty years filled the office of trustee of the Erie acad- emy, ever exhibiting a deep interest in the educational affairs of the city and county.
"He was elected in 1836 to the convention to amend the constitution of Pennsylvania, a body composed of the ablestand best men in the state-men like Forward, Sergeant, Meredith, Chauncey Chandler and Reigert, and it is due to his memory to say that in this body he acquired and maintained a posi- tion of commanding influence. He was chosen presidential elector in 1848, and in accordance with the express voice of the state as well as his own preference, voted for Taylor and Fillmore. Feeble health hav- ing in a great measure incapacitated him for the laborious practice of his profession, he was appointed postmaster of Erie by Presi- dent Taylor on the 16th of April, 1849. Pres- ident Fillmore reappointed him, and he con- tinued to serve until June, 1853. He form- ally retired from practice in 1852, and died in February, 1856, full of years, and full of honor. Mr. Sill was confessedly one of the first members of the profession. He excelled particularly as an advocate, never failing by his clear logic, smooth diction, strong sym- pathies and unvarying candor and courtesy to produce a deep impression and frequently carrying the jury with him against instruc- tions of the court, and the apparent law of the case. In this respect he had few if any
superiors, and was always considered a dan- gerous competitor in the prosecution of im- portant suits. Taking him all in all, he was a great and good man, enjoying the confi- dence and respect of all classes of society, and dying without a known enemy. He leaves a family consisting of his estecmed consort, four sons and one daughter, and several grandchildren, with an ample though not large cstate, the fruit of honorable ef- fort and persevering industry. The estima- tion of the court and bar of the county is well reflected in the resolutions adopted. They evince the prevailing sentiment in all circles in which the deceased was known, and constitute a certificate of public and pri- vate worth such as few, comparatively, de- serve and receive."
George A. Elliott, also from Connecticut, a gentleman of fine scholarship and impos- ing presence, and a graduate of Yale, came to Erie in 1816. His office and home fronted on West Park. Mr. Elliott and Mr. Sill for some years constituted the Erie bar.
The burning of the court house in 1823, with its appalling destruction of all the records of the county, drew to Erie a group of remarkable men, whose careers merit spe- cial mention. The first was John Riddle, who came from southern Pennsylvania about 1824. He was a man of great fervor as an advocate and a very able practitioner, but died in the meridian of life, July 4, 1837.
William Kelley came from New Hamp- shire in 1822. He was an able writer, fine reasoner and of notable taste and public spirit. His beautiful cottage on Ninth and State streets, embowered amid its flowers and fruits, indicated his tastes, as did the imitation and organization of the Erie ceme- tery, in which he was conspicuous. His effi- ciency in the construction of public works demonstrated his fertility of resource and energy in execution.
John H. Walker came to Erie in 1824. He was a native of Cumberland, Pa., and edu-
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cated at Washington college. He studied law with his cousin, Robert J. Walker (after- wards secretary of the United States treas- ury). His career at the Erie bar, extending through half a century, was remarkable for the energy and ability and continuous activ- ity which it embraced. His power before a jury seemed almost irresistible, for he sel- dom took up a case in which he was not con- vinced that he was in the right. Thus armed, his chain of reasoning was powerful and his appeals were overwhelming. His presence was imposing, his manner simple, yet dignificd, and his whole nature seemed enlisted in his masterly efforts. His practice was large, successful and lucrative. His political career, reaching from 1832 to 1874, left several conspicuous monuments of his far-sighted public spirit and statesmanship. In 1832 he entered the Legislature, of which he was a member four years. He obtained from the state the grant of the beautiful Alms House farm, and the proceeds of the residue of the third section of land west of Eric for the improvement of the Erie har- bor. He also secured the establishment of the United States branch bank at Erie, by which the marble building was erected on State street, near Fourth. His services as Senator were honored with the speakership of that body. The closing honor of his life was his election as president of the constitu- tional convention of 1873, as a successor of William M. Meredith, the leader of the Penn- sylvania bar, and secretary of the United States treasury. His life was closed at Erie in December, 1874.
Elijah Babbitt, a native of Providence, R. I., came to Erie in 1826. Of extraordi- nary energy and indefatigable perseverance, his career continued for sixty-one years, em- bracing legislative, senatorial and congres- sional duties. At his death, he had outlived all his compeers and successive groups of court officers, and moved among a new generation, yet, like Lord Brougham, his mental powers
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