USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 39
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survived his ninetieth birthday. His suc- cessful conduct at this age of a case in court was a subject of wide comment. He closed his life at Erie in January, 1887, in his ninety-second year.
General Charles M. Reed, whose distin- guished carcer gave him national reputation, was a member of the Erie bar. After grad- uating at Washington college he studied law with the renowned Horace Binney, of Phila- delphia. Hence a review of the Erie bar would be incomplete without a mention of one whose great talents and phenomenal en- terprise did so much for the advancement of the city in which his whole life was passed. He died in December, 1871, aged sixty-eight years.
James Carson Marshall .- Contemporary with these lawyers was another of remarka- ble character and success. In 1830 James Carson Marshall, a native of Franklin county, Pennsylvania, and student under the famous Elisha Whittlesey, of Ohio, came to Erie and entered upon his long professional career, which was finally closed in May, 1886. His laboriousness in practice, his care in preparation, his indefatigability in prose- cuting what he undertook, were as prover- bial as his tenacity of purpose was pro- nounced. To him was due the adoption of the printing of paper books by our Supreme Court. By reason of his affiliation with the minority party, his long and successful ca- reer at the bar was fortunately uninter- rupted by political office, so that his length of practice has few parallels.in Erie county.
Judge John Galbraith, a native of Hunt- ingdon county, Pennsylvania, was born in 1794 and was a thorough Pennsylvanian in parentage and sentiment. Every impulse of his heart seemed in sympathy with the land of Pennsylvania, and with the human- itarian views of its great founder. Having resided for a while at Butler, where he pub- lished a paper and studied law. he removed to Franklin, where he remained for many
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years; having been elected to Congress from the Venango and Erie district, he came to Erie in 1837. He was again elected to Con- gress, and continuing his practice, was in 1851 elected president judge of the Sixth judicial district. His fine attainments as a lawyer were supplemented by his studies in literature. He kept abreast of the times in the consideration and discussion of the great . questions of the day, political, religious and reformatory. His sympathies went out to the distressed and suffering; to lift up the fallen and comfort the afflicted were beauti- ful traits in the character of this remarkable and great-hearted man. It was the lot of the writer, as district attorney, to be asso- ciated with him for nearly three of the last years of his eventful life, in the administra- tion of justice, and by thus being brought into confidential relations, and now, forty- two years from his death, it is a privilege and a pleasure to pay this tribute to one of the kindest hearted of men. He had a remarkable, thorough comprehension of po- litical questions, which made him the close friend of Presidents Jackson and Van Buren, whose administrations he had in Con- gress so ably supported.
In reviewing the remarkable career of the elder Judge Galbraith, it will not be forgot- ten that the same office was later filled for a full term by his only son with distinguished ability and untiring application. There was an added coincidence in the election of both. Each was chosen in the face of an adverse political majority in the district, at the time of a heated political contest.
Hon. James Thompson was born at Glades Mills, Butler county, Pa., in 1805. He stud- ied law in Venango county and was admit- ted to the bar in that county in 1826. In 1832 he was elected to the Legislature and in 1834 was chosen speaker of the House. In 1836 he was appointed judge of the Dis- trict Court established for Crawford, War- ren, and Venango counties and served in
that exalted station to 1845. In 1844 he was elected to Congress, re-elected in 1846, and again in 1848. In 1854 he was elect- ed in Erie county to the Pennsylvania Legislature in the controversy called "The Erie Railroad War." In 1857 he was elected judge of the Supreme Court of the state for the term of fifteen years, the latter part of which term he was chief justice. After re- tiring from the bench he resumed the prac- tice of law in Philadelphia. He died Jan- uary 25, 1874, while engaged in the argument of a case before the Supreme Court, where he served as judge for so many years. (See 72 Pa. Rep. for obituary notices by his former associates.)
William Miles Watts, a nephew of the noted William Miles, whose family was one of the first in Erie county, came to his uncle in Union while a boy. He belonged to the Watts family of Carlisle and was a brother of Henry M. Watts, United States minister to the court of Austria in 1868 and 1869. He was admitted to the bar and was prosecuting attorney at the trial of Henry Francisco, who was executed in 1838. Mr. Watts be- came a contractor on public works in this country and Brazil.
There were other lawyers who came here to attend court. Mention might be made of John Banks, of Mercer, afterwards the noted judge of Berks county ; John J. Pearson, of Mercer, afterwards for thirty-two years judge of the Dauphin and Lebanon district; Gaylord Church, who served on the Supreme bench, and of John B. Johnson, whose clear statement, withering sarcasm and detesta- tion of wrong are so well associated with his memory.
William S. Lane came from Butler in 1845. From that time until 1866 he was a conspic- uous member of the bar of Erie; his ability, industry and zeal for his clients, made him a power at the bar, while his influence in so- cial and municipal affairs was potential; his public spirit and activity in all matters tend-
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ing to the advancement of the city and his untiring devotion to its interests are well remembered. The beautiful residence he erected and occupied on West Sixth street is an enduring reminder of his career in Erie.
Of those who have been admitted and gone, these are reealled :
Col. C. S. Gzwoski, admitted in 1839, who afterwards gained fame and fortune in Can- ada as an engineer in the development of Sir John MeDonald's grand scheme for the unifieation of the dominion. He received from the hands of Queen Vietoria the honor of knighthood, and was appointed one of the aides-de-eamp of Her Majesty.
Hon. John F. Duncombe removed to Iowa. There he became a leading eitizen and rail- road attorney, and achieved national repu- tation in presenting the name of Governor Boies for president in the Democratic na- tional convention in 1892.
Samuel A. Law removed to Delaware county, New York. After service in the New York Legislature, he was appointed paymaster in the United States army during the Civil war. He died in Washington while in serviee.
William M. Heister, a representative of the Heister and Muhlenburgs, went to Berks county. There he was elected to the State Senate, of which he became speaker. He also served a term as secretary of the com- monwealth.
Albert C. Ramsey was admitted in 1833. He afterwards removed to York, Pa. He was appointed eolonel of a regiment during the Mexican war.
George W. Smith, admitted in 1831, went to Kansas, where he became prominent in the struggles preceding her admission.
Hon. Selden Marvin. county judge of Chautauqua county, New York, of illustrious parentage and fine ability, was for more than thirty years a member of the Erie bar. Ile died December 25, 1894.
It is most agrecable to the writer, and doubtless would be deemed fitting by the reader, were specific mention made of many of the attorneys of the Erie bar; were the leading ineidents in their eareer given, and their eharaeteristies noted. But in sketching a bar of one hundred members in the lim- ited space allotted, this particularity must be abridged, in obedience to the instructions enjoined in the preparation of the matter.
But it may still be permitted to advert inost briefly to some members of the bar whose long service or position achieved in the praetiee of their profession has made their names familiar.
Did space permit, it would be most agree- able to note the long and faithful service of the scholarly S. S. Spencer, the father of Hon. Selden P. Speneer, judge of the Cir- cuit Court of St. Louis; to glanee at the professional career of J. F. Downing, whose munifieenee and publie spirit have eontrib- uted so mueh for the advancement of Erie ; the laborious professional services of Ed- ward Camphansen, so fittingly rounded out by his successful diplomatie and consular service as consul to Naples, Italy, of five years under President Cleveland ; at the pro- fessional career of George A. Allen, embody- ing, as it did, four years of service as United States distriet attorney of the Western Dis- triet of Pennsylvania, during President Cleveland's first administration; the profes- sional serviee of H. A. Strong, following his sueeessful career as an edneator; the busi- ness and professional career of C. L. Baker, whose labors at the bar are supplemented by his unwearied efforts in improving the city ; the unwearying professional toil of George H. Higgins, increased by the public fune- tions with which he is charged; the untiring professional labors of Theodore A. Lamb, with all the trusts now in his keeping; the professional work of James W. Sproul, to the demands of which he is as responsive as to the frequent applications for his services
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on public occasions; to E. L. Whittelsy, whose fidelity as a lawyer is enlined with his zeal as a soldier during the Civil war; the successful professional labors of A. A. Free- man, as inuch at home in the bar as in the medical profession which occupied his car- lier years; to the professional zeal of Isador Sobel, thoughi to his labors at the bar are superadded the supervision of the postoffice he so successfully conducts; to the profes- sional work of Joseph M. Force, though in- terrupted by occasional foreign travel, and his love of works of art to which he is so devoted; the successful career of Henry A. Clark, with his specialty of municipal law so manifest during and since his term as city solicitor of Erie; to the professional and legislative service of J. B. Brooks, in both of which his industry has been so ob- servable; to the successful professional ca- reer of C. G. Olmstead, which was rewarded by his election as delegate to the constitu- tional convention; to the professional career of W. G. Crosby, twice honored as he has been as city solicitor of Erie; the laborious and successful Clark Olds, increased as his duties are by his responsibilities as water commissioner; to the public and profes- sional career of A. E. Sisson, twice elected district attorney, and now State Senator; to the professional career of A. B. Osborne, who, having served as mayor of Corry, re- moved to Erie, was president of the Demo- cratic state convention in Erie in 1902, and candidate for Congress; to the professional labors of James M. Sherwin, which, labori- ous as they are, are added to his active supervision of the chamber of commerce, of which he is president, and from which or- ganization so much is expected, tending to the advancement of Erie. Mention might be made of the painstaking and laborious George E. Gibson, whose professional zeal is intensified by a knowledge of his kinship to the late John Bannister Gibson, the greatest judge Pennsylvania ever produced.
As illustrative of working members of the bar for many years, the list of prosecuting and district attorneys of the county of Eric, during its existence is here given, as also the list of borough and city solicitors of the bor- ough and city of Erie. An examination of the names embraced in each will show a number of attorneys who have become prominent and have most creditably filled high posi- tions in Erie county or Pennsylvania. As indicating the active members at the period of their respective appointments the list of city solicitors is here appended :
E. Babbitt, 1851-1859; C. W. Kelso, 1860; John P. Vincent, 1861-1865; E. Babbitt, 1867-1870: James Sill, 1871-1872; G. A. Allen, 1872; G. W. Lathy & Son, 1873-1875; Camphansen and Lamb, 1876; T. A. Lamb, 1877-1889 ; Jos. P. O'Brien, 1889-1895; Henry A. Clark, 1895-1899; William G. Crosby, 1899-1903.
As indicative of the working attorneys of the period, the following list of prosecuting attorneys is here appended :
1804, Wm. N. Irvine, Erie; William Wal -. lace, Erie; 1809, Patrick Farrelly, Crawford county ; Ralph Marlin, Crawford county; 1819, George A. Elliott, Erie; 1824, William Kelly, Erie; 1833, Don Carlos Barrett, Erie ; 1835, Galen Foster, Erie; 1836, Elijah Bab- bitt, Erie; 1837, Wm. M. Watts, Erie; 1839, Carson Graham, Erie; 1845, Horace Hawes, Erie; 1846, Wm. A. Galbraith, Erie; 1850, Matthew Taylor, Erie, elected by people ; 1853, Samuel E. Woodruff, Girard; 1856, G. Nelson Johnston, Erie (died shortly after) ; 1856, Charles W. Kelso, Erie (appointed until the October election, 1857) ; 1857, James Sill, Erie, elected; 1860, Samuel A. Davenport, Eric; 1863, J. F. Downing, Erie; 1866, Chas. M. Lynch, Erie; 1869, John C. Sturgeon, Erie; 1872, Samuel M. Brainerd, North-East; 1875, A. B. Force, Erie; 1878, Chas. E. Lovett, Erie; 1881, E. A. Walling, North-East (resigned December 1, 1884) ; 1884, C. L. Baker, Corry (elected
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as a Democratie candidate) ; 1887, A. E. Sis- son, Erie; 1893, U. P. Rossiter, Girard ; 1896, Paul Benson, Erie; 1899, M. W. Shreve, Union City.
(From 1800 to 1850 the present office of distriet attorney was known by the title of deputy attorney general, and the ineumbents were appointed by the attorney general of the state. The office was made elective in 1850, and the name changed to distriet attor- ney.)
This sketeh has thus far been mainly of the past, and of what has been accomplished by the lawyers and judges who have been in the Erie bar and an allusion to their ca- reer. It is easy to narrate what has been done and note the attainments of the past. But there are others of whom a brief men- tion must be made, upon whom will, in the near future, rest the responsibilities of the profession with all its aeeumulating trusts, and upon the exertions and fidelity of whom the hopes of our community will rely for the administration of justice and the vindi- cation of their rights. And as the names of the younger members of the Erie bar are reviewed, in view of the professional attain- ments and preparation which have fitted them for their life work, it is easy for imag- ination to pieture the high positions and prominent plaees which many of them will yet fill. It was a remark of Napoleon that "Every soldier earried a marshal's baton in his knapsack." In the same line of thought, it is easy to picture the lofty positions yet in store for many of the younger attorneys of the Erie county bar, which it will be the lot of a future historian to record. But it is gratifying to note how many of the town- ships of Erie and of Crawford counties are already represented in the Erie bar, and to feel that good and true men have been con- tributed from their best families to uphold the honor and standing of the bar, long noted throughout the state. Some of these representative men are the upshoots of the
oldest families in the county. Of these may be mentioned Messrs. McCreary, Miller, Reed, Rilling, of Millereek; Messrs. Brother- ton, Ballard, Davis, Moore, Benson, Hyner, Whittelsy, of Waterford; Messrs. Sproul, Morrow, McClintock, Shreve, Titus, Yard, Camp, of Union City : Messrs. Sterrett and the Cushmans, of Mckean: Messrs. Howard and Nason, of Franklin; Messrs. Sisson, Gould and Thomas, of Springfield; Messrs. Baker, Covell Olmstead, Smith, Crosby, Kin- caid, Rogers and Osborne, of Corry; Messrs. Eaton, Allison and the Giffords, of Venango; Messrs. Burchfield and Torrey, of Washing- ton' township; Messrs. Heydrick, Roberts, Burns, Andrews and Higby, of Crawford eonnty; Mr. Flynn, of Greenfield; Messrs. Hinds, Woodruff and Rossiter, of Girard : Mr. Fletcher, of Ohio; Mr. Sawdy, of Con- neaut ; Mr. Hewes, of Bellefonte; Mr. Craig, of Clarion; Mr. Bliley, of Harborcreek : Messrs. Force and Brady, of North-East; Mr. Lord, of Michigan, and Mr. Sloeum and Mr. Sturgeon, of Fairview: while a mention of the younger members of the bar of the city of Erie, and an analysis of their names, will show that the eity has contributed her ehoie- est sons in Mr. Allis, the Brevilliers, Messrs. Chinnock, Cohen, Grant, the Galbraiths. Gunnison, Marsh, Nason, Mertens, Shirk, Carroll, Taylor, Young, Heydrick, the Thompsons and Riblet, and these, with T. O. Andrews, M. J. Eehols and Louis B. Jones, seem to complete the list of the younger members of the bar of to-day.
The story of the bar would be imperfeet without the special mention of the two at- torneys who resided at Girard, Pa., and so ably represented their west end elients in Erie eourts. Both George H. Cutler and S. E. Woodruff eommeneed practice while re- siding at Girard. From 1846 for the length of a generation there was hardly a court at which both were not present. Mr. Woodruff with his exhaustive brief, Mr. Cutler with his mental analysis of his case, ready to
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argue his side in an offhand and always en- tertaining manner, even if he could not al- ways overcome the controlling authority with which his opponent was apt to block his path to success. Each had his devoted friends and standing clients; each achieved suecess at the bar and filled high office. Mr. Cutler was the last speaker of the Senate, and thus lieutenant governor under the old constitution. Mr. Woodruff's able adminis- tration as register in bankruptcy for twelve years revealed the elements of the patient judge and painstaking magistrate.
William C. Kelso was for more than fifty years a member of the bar. Very much of this time his quiet work aided his more de- monstrative and distinguished partner, Mr. Babbitt, in fulfilling the duties incident to his large practice. His life was so quiet and his manner so unobtrusive that it was diffi- eult at his death to realize that he was an octogenarian, and by far the oldest meni- ber of the bar.
Charles W. Kelso .- Perhaps no man ever came to the Erie bar with better promise of success than Charles W. Kelso. Coming, as he did, from Carlisle, that early center of culture and refinement, he had most charm- ing manners and gracious presence, with a readiness of speech, beauty of diction and grace of delivery, excelled by few of his period. He was the nephew by marriage of both Chief Justice Gibson (in whose family he was raised) and President Buchanan. His whole professional life was spent in Erie. The memory of his beautiful addresses and thrilling political appeals still lingers like a spell.
It is a pleasure to know that among the long roll of the Erie bar, embracing so many score of names, but two persons have been disbarred, one of these occurring more than seventy-five years ago.
It is worthy of mention that while but three clergymen-Messrs. Loekwood, Gunni- son and Longstreet-after their ordination,
came into the Erie bar, but one attorney, Rev. Dr. Caughey, has left the bar and en- tered the ministry.
The names of Capt. M. E. Dunlap and Ulric Blickenderfer, members of this bar, may be noted as the authors of the Abridge- ment of the Study of Law, a work which, with a companion volume, has been widely circulated and received with great satisfac- tion, giving their authors a place among legal writers.
Two physicians, the late Dr. H. R. Derry and Dr. A. A. Freeman, have been admitted to the bar.
Hon. James D. Dunlap, an attorney of this bar from 1837 to 1858, will long be remem- bered by reason of his valuable Book of Forins. His professional career was inter- rupted by service in both branches of the Legislature. There his success in securing the charter of the Erie and North East Railroad Company (now a part of the power- ful I. S. & M. S. R. R.) should cause him to be long remembered.
Horace Hawes .-- Few members of the Erie bar have become more widely known than Horace Hawes. His unique will caused him to be called the eccentric millionaire. Com- ing from Union Mills to Erie, he was prose- cuting attorney of Erie county in 1845 and 1846. Having been displaced by the ap- pointment of a new attorney general, John M. Reed, he seemed to have received an ir- reparable injury. Being sent by President Polk to the remote Pacific, then seemingly as far distant as one of the planets now seems, soon after his arrival, the California gold excitement having arisen, he went thither. He was there chosen alcalde of San Francisco, and acquired enormous wealth, and by his will gained the celebrity awarded him as one of the first of San Fran- cisco's millionaires.
James C. Reid, Richard Sill, George W. Gunnison, Wilson Laird, A. MeD. Lyon and George A. Lyon were each natives of Erie
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and college graduates. The terms of prac- tice of each at the bar were short, but their careers were long enough to show their loy- alty to Erie. Mr. Reid was twice a member of the Legislature, Mr. Laird thrice mayor of Erie and a member of the Legislature. Each died in his native city.
Jonas Gunnison spent the whole of his years of manhood at the Eric bar until his useful and exemplary life was cut short while seemingly in the meridian of his ca- reer. He was the father of ex-Judge Gunni- son.
G. Nelson Johnston's admission to the bar was soon followed by his election as district attorney, but death closed his earthly career just after he had entered upon the duties of his office.
John W. Douglas, admitted in 1850, has filled very prominent positions. As commis- sioner of internal revenue of the United States and commissioner of the District of Columbia he has been honored and distin- guished.
Erie's roll of attorneys embraces the names of Edwin C. Wilson, adjutant general under Governor Packer; Henry Souther, surveyor general of Pennsylvania and judge of Schuylkill county; George A. Allen, United States district attorney: John W. Walker, United States marshal of the West- ern District of Pennsylvania; David W. Hutchinson, receiver of public money in Da- kota: Samuel L. Gilson, Indian agent under President Cleveland's first administration ; Col. Charles M. Lynch, district attorney of Erie county and United States collector of internal revenue for the Nineteenth District of Pennsylvania ; David B. McCreary, mem- ber of the Legislature and twice elected to the Senate, where he ably served eight years, brevetted as brigadier general in the war of the rebellion, and adjutant general of Pennsylvania under Governor Geary; James R. Burns, member of State Assembly, now a successful educator; Major Isaac B. Brown,
deputy scerctary of internal affairs of Penn- sylvania, and candidate for secretary; and his brother, W. W. Brown, Congressman from Lycoming and Mckean district; Ed- ward Camphansen, consul at Naples, and Roger Sherman, who studied in Erie, went to Titusville, and after a successful and distin- guished career at the bar, was, in 1891, elected, by Crawford county, a member of the state constitutional convention of Penn- sylvania.
The custom of adopting special branches of practice, now so observable at the bar, induces the mention of the marked success of Messrs. Sturgeon, Hallock and Lord in patent practice, and Clark Olds in admiralty.
The brothers, Matthew and William Tay- lor, came to Erie in 1847, from Indiana county, Pennsylvania. Their brilliant tal- ents and thorough knowledge of law, not less than their high character, promised a successful career. It was soon closed. Wil- liam died in 1853, while Matthew, who had for five years served with marked distinc- tion as district attorney, died in 1854, amid the grief of the community at the termina- tion of a life so full of promise, at the early age of thirty-two years.
Col. Carlton B. Curtis was an able law- yer and distinguished citizen. He came from Warren to Erie in 1866. See sketch in Warren county.
Col. E. P. Gould, after his successful war record, came to Erie from Rochester, N. Y., and having made the charities and remedial laws of the state, in connection with the poor and unfortunate, a subject of special atten- tion in the Legislature, of which he was twice a member, gained the recognition of being twice elected president of the Penn- sylvania Society of Directors of the Poor.
The laborious and successful J. W. Wet- more also came from Warren and passed his professional life in Erie, where he died in 1900.
Perhaps no member of the Erie bar had a
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more cultured preparation or carefully de- veloped abilities than William R. Perkins. His attainments as a writer and his celeb- rity as an author had already gained a wide reputation, when his life was closed by an early death.
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