The twentieth century bench and bar of Pennsylvania, volume I, Part 40

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 40

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).

William Benson .- Few of the Erie bar were more noted and will be longer remem- bered than William Benson, born in 1819 and educated at the Waterford and Erie academies. He became a life student. His practice was large and suecessful, his man- ner eecentric and independent, with an in- difference to some of the advanced conven- tionalities of life, which while revealing his independence, gained a degree of admira- tion, because, joined with a brusque honesty in keeping with his bold utteranees, he seemed to come from the people, and sought to be one of the people, and to do nothing to separate him from the people. He dis- dained the modern methods of political life and never hield an office. He acquired a large property and died in June, 1891, at the age of seventy-two.

Col. Benjamin Grant, admitted in 1845, aequired a large and sueeessful practice. He developed an aptitude for business. A pro- ficieney in pleading revealed his special skill in the early introduction of equity practice at the bar. His series of finely prepared re- ports gave his name a wide celebrity. As the coadjutor of Colonel MeLane in the rais- ing of the Wayne guards in 1859, which were ready for service at the outbreak of the Civil war, and were the germ of the Eighty- third regiment, his work was potential in the defense of his country, though his regiment was not accepted while he was an officer. He died in 1878.

Col. Strong Vincent, a native of Erie eounty, was admitted to the bar in 1860. As the war broke out, he went into the service as colonel of the Eighity-third Regiment, npon the death of Colonel MeLane. His se- Jection, upon his own volition, of Little

Round Top, as a point to fortify at Gettys- burg, the possession of which proved to be a turning point in the principal battle of the war, has since been quoted at West Point as a proof of first-class military strategy, while his noble defense of this key to the position has thrown a halo around his name which gives to his chivalrous career a place in his- tory in the great battle which his genius helped to gain.

These are the names of the distinguished and heroic dead which emblazon the roll of Erie bar. Aside from the special service of deceased members of the bar in the enact- ment of laws in Washington and Harrisburg, mention is made of those living: Messrs. Vincent, MeCreary, the Browns, Walker, Walling, Burns, Gould and Davenport. Their earnest and successful efforts in be- half of their constituents merit continued remembrance.

As the call to arms announced the choie- est of our land, there went from those en- rolled in Erie bar, Strong Vincent, Me- Creary, Walker, the Lyons, Lynch, Whit- telsy, Judson, Gould, Wilson Brigden and Chapman. Mention might be made of the eivil distinction and politieal prestige of Brady, Rilling, Sobel, Sproul, Nason, Hig- gins, Mertens, Sturgeon and other standard bearers of their respeetive parties, sug- gested now with the hope that their success as politieal leaders may not dampen their professional ambition.

A notice of the bar would not be eom- plete without mention of the group of Ger- man lawyers who, in co-operation with the important element of their countrymen, have added so much to the members and working foree of the bar. Of these are Camphansen, Rosenziveig, Curtze, Sobel, Eichenlaub, Bliley, Brevillier, Cohen, Mar- tens and Einfeldt, while O'Brien and Me- Mahon represent another of the elements which helped to make up Erie's advanee- ment,

272

THIE BENCH AND BAR OF PENNSYLVANIA

The public service of ex-Congressman-at- large Hon. S. A. Davenport may justify an allusion to the patient toil, the signal ability and brilliant suecess that have caused the record of his long career at the bar to be so luminous. Did space permit, more could be added.

James Sill. No history of the bar of Erie county would be complete without a sketch of the life of the Hon. James Sill, who died January 6, 1903.

IIe was the son of Thomas H. and Joanna B. Sill, and was born in Erie November 11th. 1829, and was a graduate of the New York State and National Law School, was ad- mitted to the Erie bar at twenty-one years of age, where he immediately took up his position among the foremost of the attor- nevs. He was elected district attorney of Erie county in 1857, and upon the death of his father in 1856 he assumed his large legal business and inherited all his father's polit- ical acumen and took the leadership of the Republican party of Erie county. He was presidential elector in 1860 and elected to the state senate in 1880 for four years. He was a lawyer, statesman and historian. He collected the first history of Erie city and de- livered numerous historical and political ad- dresses.

While his latter days were spent in prac- tical retirement attending to the closing up of the business of his father's and mother's estates, he was much sought after for his fund of information and knowledge of per- sons and events in the early history of Erie city and county. He was a scholar and gen- tleman of the old school.

Frank Gunnison is a native of Erie, Pa., and one of the progressive and influential lawyers of his section of the state. He was born on February 2, 1848, the son of Jonas and Charlotte (Spafford) Gunnison, the former a native of Erie county, Pennsyl- vania, and the latter of New York state. The father, who was an able and widely known

lawyer, was a man of eommanding influenee in his community, and at one time was a member of the State Legislature. He died in 1871. Our subject's grandparents on both sides eamne from New England and settled in Pennsylvania early in 1800, and his grand- father Gunnison was a soldier in the war of 1812.

Frank had good educational advantages, and after leaving the public schools attended Erie academy, and later was a student at the University of Michigan. He began his law studies in the office and under the direction of his father, then pursued a course of study at Harvard law school, where he was gradu- ated in 1870 with the degree of LL. D. On February 5th of the same year he was ad- mitted to the bar at Erie. He at once began practice with Gen. D. B. McCreary, with whom he continued some five years, but sinee 1875 has carried on his practiee alone.

Mr. Gunnison has been prominently con- nected with many of the noteworthy cases that have come before the courts of Erie county and enjoys the well-deserved reputa- tion of being an able and wise eounsellor, a skillful and successful advocate. He has devoted himself to a general civil practiee which has taken him into all the local state and Federal eourts. While not a politician, Mr. Gunnison has always taken an interest in the affairs of the Republican party and been prominent in its local eouncils. He has served as a member of the city eouncil and held other minor offiees, and in 1886 was elected president judge of the Sixth Judicial Distriet and served the full term of ten years. Such was the satisfaction he gave and the esteem in which he was held that the members of the Erie county bar, regard- less of party, urged him to stand for re-elec- tion, but for personal reasons he declined and resumed the practice of his profession.

Judge Gunnison is interested in numerous business enterprises, being a stockholder . and director of the Seeond National bank of

James Jill

273

ERIE COUNTY

Erie, and having been similarly connected with the First National bank and several manufacturing industries.

In 1872 he married Miss Lila L. Lowry, a daughter of Hon. Morrow B. Lowry, one of Erie's influential eitizens, and a member of the State Senate. They have one son, Mor- row B. Gunnison.

Hon. John P. Vincent, son of William and Eliza (Jackson) Vincent, was born at Water- ford, Erie county, Pa., December 2, 1817. He was educated at the Waterford aeademy. After leaving sehool he engaged for some time in farmning and teaching school. He studied law in the office of Hon. Elijah Bab- bett, of Erie, Pa., and was admitted to the bar of Erie county in 1841, and has resided in Erie ever sinee. Judge Vincent was a member of the House of Representatives in 1862-63, and was nominated by the Repub- licans for speaker in the session of 1863. He was elected additional law judge of the Sixth Judicial District of Pennsylvania in 1866. After the adoption of the constitution of 1874 he was commissioned as president judge of the Sixth Judicial District. and served until the expiration of the term of office, on the first Monday of January, 1877, and since that time has practieed law in Erie eounty, Pennsylvania. Judge Vincent is a gentleman and seholar, a diligent student, an aceomplished lawyer and legislator, an upright judge and a citizen highly appreei- ated by all who know him.

George H. Higgins, who is prominent at the bar of Erie county, studied law at War- ren, Pa., in the office of S. T. Allen, and was admitted at the bar of Warren county in 1880. He removed to Aiken, Mckean county, where he practiced two years, then returned to Warren, forming a partnership with his preceptor, which was dissolved in 1885 by the death of the latter. Ex-Senator O. C. Allen then entered the office and there remained until 1893, when Mr. Higgins eame to Erie and engaged in practice with Hon.

S. M. Brainard. This firm enjoyed a large and lucrative practice for the next five years. Since the death of Mr. Brainard, which ocenrred in November, 1898, Mr. Higgins has remained in practice alone, retaining all the old clients and securing many new ones. While his praetice has been of a general na- ture, he has made a reputation as a trial law- yer in criminal and negligence cases. He has been engaged in a large number of im- portant cases in all branches of the law, and by his carnest attention and careful pre- paration of them, he has been unusually suc- cessful up to this time-1903.

A Republiean, he has taken an active part in politics, always finding time to answer the eall of his party in all important campaigns. In 1882 he was appointed dis- trict attorney of Warren county to fill a vacancy then existing, and in 1883 was elected to the same offiee for a term of three years. He has been delegate to numerous Republican conventions, and was eandidate for Congress from the twenty-sixth District embracing Erie and Crawford counties, and although he received three hundred more votes than did the head of the tieket was defeated by the small majority of sixteen votes. He was also Republiean nominee for the present judgeship in Warren county before he removed to Erie.

On August 5, 1852, in Crawford county, Pennsylvania, our subjeet was born. His father, Moses Higgins, was a native of Con- necticut, and his mother. Naney Fraliek, of New York state. They removed to the state of Pennsylvania, where they married. Mr. Higgins was a farmer and cleared the land in. Sparta township, where he resided, and was a justiee of the peaee for thirty years. He died in 1890. Mrs. Higgins died in 1865.

Mr. Higgins, our subjeet, attended the common sehools of Crawford county, and finished his education in the Watertown, N. Y. high schools. He then learned the

274

THE BENCH AND BAR OF PENNSYLVANIA

Mason's trade and taught school until he was admitted to practiec. He was married to Miss Josephine Scott, at Titusville, Craw- ford county, in 1872. Mrs. Higgins died in 1890, after a protracted illness, leaving one son, Weld H. In October, 1893, Mr. Higgins re-married Miss Nancy A. Starbird, of Cory, Pa.

George Ambrose Allen, one of Erie's lead- ing lawyers, is of Scotch-Irish lineage and was born December 31, 1839, near Pulaski, in Mercer, now Lawrence county, Pa., and is the only surviving child of Major William and Mary (Steel) Allen.

His paternal grandfather immigrated from Ireland in 1795 and settled near Carlisle, Pa., whence he removed to Mahoning, Ohio. Here our subjeet's father was born in 1803, and after his marriage in 1828, he settled at Pulaski, in Lawrence county, and lived there until 1843. He then bought what was known as the "MeGorvey Mills," located in the village of Waterloo, now Polk, in Ven- ango eounty, where, with the exeeption of six years at Meadville, Pa., he passed the remainder of his life, his death occurring in June, 1881. He was a prosperous farmer and miller and a man of considerable influ- ence in his community.

Our subject's mother was a native of Pennsylvania, and her death oceurred May 28, 1856.

George A. had good educational advan- tages in early life, attending the common schools of Polk, the Clintonville academy and the state normal school at Edinboro, and later pursuing a course of classical studies under the private tutelage of Prof. William Burgwin, at Franklin, Pa. Having .deeided to fit himself for the legal profession, young Allen beeame a law student in the office of Mr. W. R. Bole, at Meadville. Passing the requisite examination, he was admitted to the bar in June, 1868, and in the following Deeember began the practice of his profes-

sion at Erie. With the exception of one year as a partner with Mr. Theodore A. Lamb, Mr. Allen always condueted his practiee alone until he formed with Mr. Lewis Ros- enzweig the present firm of Allen & Rosenz- weig. Mr. Allen's praetice, which has been extensive throughout northwestern Pennsyl- vania and northeastern Ohio, has been gen- eral in character and brought him into con- nection with mueh of the important litigation that has eome before the courts of those sec- tions. He is known as a discrete and safe counsellor and a skillful and successful trial lawyer and advocate, and is universally re- spected as a high-minded member of the legal fraternity.

In polities Mr. Allen has always been an uncompromising Demoerat and has taken an active interest in the councils and affairs of his party.

In 1872 he was delegate to the state con- vention, and the same year served as city solicitor for the city of Erie. In 1877 he was again sent as a delegate to the state conven- tion and placed in nomination for the su- preme beneh of the state Judge John Trun- key, who was duly elected. In 1880 he served as a delegate to the national Demo- cratie convention at Cincinnati, which placed in nomination for the presidency of the United States General Winfield Scott Han- cock. During the same year he served as chairman of the Erie county Democratic ex- ecutive committee. In December. 1886, President Cleveland appointed him United States distriet attorney for the Western Dis- triet of Pennsylvania, and he served till June, 1889, when he resigned, and in 1892 he was a Democratic nominee for Congress- man-at-large for his district.

Mr. Allen is now president of the Erie County Bar Association and vice president of the State Bar Association of Pennsylvania. On July 18, 1865, Mr. Allen married Miss Phoebe A. Burlingham, a daughter of

Ger A Allen

275

ERIE COUNTY

the late Mr. Prentiee Burlingham, who was a prominent manufacturer of Edinboro, Pa. Mrs. Allen died April 1, 1881.

Of four children born to them, three sur- vive, viz: J. Maude, who is married to Mr. Willian Warner, of Erie; Mary Edna and George Allen, Jr.

Col. J. Ross Thompson. One of the best known and highly esteemed members of the Erie bar is Col. J. Ross Thompson, born at Franklin, Pa., in 1832. His father was James Thompson and his mother was Mary (Snow- den) Thompson, both natives of Pennsyl- vania; father was an eminent attorney and judge of the eireuit eourt, appointed by Governor Porter in 1836. His term expired in 1840. He was a member of the bars of Erie, Warren, Crawford and Venango coun- ties; he was on the supreme beneh of the state for fifteen years, the last five of whieh he was chief justice; served four terms in Congress and died while arguing a ease in the supreme court.

Col. Thompson was a graduate of Prinee- ton College in the elass of 1854; studied law with his father at Erie, and was admitted to the bar in 1856, when he immediately eom- meneed praetiee with his father, but after 1857 earried on his law business alone until 1899, sinee which time his son, W. L. Seott Thompson, has been associated with him, under the firm name of "J. Ross Thompson & Son." His praetiee has been largely in corporation law, although he has been solie-

itor for the Pennsylvania Railroad for the past forty-three years in the counties of Erie, Crawford, Warren, MeKean, Elk and Law- renee.

For about forty years he has been active in the interests of the Demoeratie party, stump- ing all over the East for the presidents. In 1887 he was a Demoeratie eandidate for the supreme beneh against Judge Williams, of Tioga eounty, but failed of eleetion. He was appointed aide de eamp to Governor Paeker, of Pennsylvania, in 1857, with the rank of lieutenant eolonel.

The eolonel has been a member of the Ma- sonic lodge for forty-five years, and is also a member of the Elks lodge, as well as a Knight of Honor.

He was married in Erie in 1858 to Miss Josephine Moyer.

Briefly and imperfeetly the story of the past has been told, and the present but al- luded to. You will bear with one whose traditions, added to his reeolleetions, almost bridge the eentury, when the hope is ex- pressed that when in the next eentury the portals of the temple of justice shall in the future be erowded with the weak seeking the enforcement of their rights, and injured asking for a redress of wrong, this bar may in the future, as in the past, never laek for learned and ineorruptible men whose pray- ers will always be "May God uphold the right."

276

THIE BENCH AND BAR OF PENNSYLVANIA

FULTON COUNTY

BY W. SCOTT ALEXANDER

By an act of the Legislature, approved April 19, 1850, all that portion of Bedford county lying east of the top of Ray's Hill mountain, including the townships of Ayr, Belfast, Bethel, Dublin, Licking Creek, Tay- lor, Thompson, Tod, Wells, and a part of East Providenee and the borough of MeCon- nellsburg, were erected into a new county, and ealled Fulton.

The act provides for the opening and holding of the courts in MeConnellsburg until a court house should be ereeted in and for said county. It further provides that at least eight thousand dollars be raised by voluntary subscriptions towards the pur- chase of lots, the erection of public build- ings, and the payment of the tax ($500) required by the state upon the act of as- sembly for the erection of the county. The citizens of the county at onee began to se- cure subscriptions in accordance with the act. A portion favored the location of the county seat in the northern part of the county, and raised a large sum for that pur- pose, but they were compelled to yield to the wishes of the citizens of McConnellsburg and vicinity, who pledged the sum of thir- teen thousand dollars for the erection of the county buildings in that town, thus seeuring the prize.

On February 21, 1851, Henry Sipes, James Hughes and Frederick Dubbs, the newly elected board of county commissioners, awarded a contract to Aaron Staines, Robert Madden and John Robertson for the erection of the court house, for the sum of five thou- sand six hundred and ninety-five dollars, which sum was subsequently increased

slightly by special contracts. The building thus contracted for is two stories, 52x74 feet, of briek, with a portico, supported by six massive columns, and compares favor- ably with the majority of the court houses in the state. By the terms of the contract the building was to have been completed ready for holding the January term of court, 1852, but the first term of court held in the new building was the April term, 1852. The first term of court held in Fulton eounty opened on Monday, January 13, 1851, at 2 o'clock P. M., in the Methodist church, in MeConnellsburg, and was presided over by the associate judges, David Mann, Jr., and Mark Dickson, in the absence of Hon. Jeremiah S. Black, the president judge. After the transaction of some current busi- ness, on the following day court adjourned until the next term. The April, August and October terms, 1851, and the January term, 1852, were held in what is known as the "White Church."

By the act of the Legislature erecting the county, Fulton was annexed to and made part of the Sixteenth judicial district, com- posed of the counties of Bedford. Franklin and Somerset, and was annexed to the Middle district of the Supreme Court. Hon. Jeremiah S. Black was at the time president judge of the Sixteenth judicial district, and presided over the courts of Fulton county until in 1851, when he was chosen one of the judges of the Supreme Court, and was com- missioned chief justice of Pennsylvania. Judge Black was succeeded by Hon. Francis M. Kimmel, of Somerset, who was elected president judge of the district on October

277

FULTON COUNTY

14, 1851. Judge Kimmel performed the duties of his office for the full term of ten years, and was succceded by Hon. James Nill, of Chambersburg, who was elected on October 8, 1861. Judge Nill died on May 27, 1864, when, on June 4, 1864, Hon. Alex- ander King, of Bedford, was appointed to fill the vacancy caused by the death of Judge Nill. On October 11, 1864, Judge King was elected president judge of the district, and was commissioned for a term of ten years, but on January 10, 1871, he died, and on February 1, 1871, Hon. William M. Hall, of Bedford, was appointed to fill the vacancy, and on October 10, 1871, Judge Hall was elected for a full term.

On March 18, 1868, Hon. D. Watson Rowe, of Greencastle, Franklin county, was ap- pointed additional law judge of the Six- teenth judicial district, and on October 13, 1868, he was elected to the same position for a term of ten years, beginning on the first Monday of December, 1868.

Under the constitution of 1873, Franklin county having sufficient population to form a judicial district, by the act of April 9, 1874, the Thirty-ninth judicial district was formed, composed of the county of Frank- lin, to which the county of Fulton was at- tached, and Judge Rowe was commissioned president judge of the district.

By the act of August 7, 1883, Franklin county alone constituted the Thirty-ninth district, with Judge Rowe as its president judge, and, by the same act, the counties of Adams and Fulton were formed a district (the Forty-second) with one judge learned in the law. For ten years prior to that time Adams county formed a separate district, with Hon. William McClean, of Gettysburg, as its president judge, and, on the formation of the Forty-second district, Judge McClean became president judge of the courts of Fulton and Adams counties ; and on October 8, 1883, he first presided over the courts of Fulton county. On November 4, 1884, Judge

McClean was re-elected, and served a second full term, and was succeeded by Hon. Sam- uel McCurdy Swope, of Gettysburg, who was clected on November 6, 1894, for a full term of ten years. Judge Swope first presided over the courts of Fulton county on January 15, 1895.

(For biographical sketches of the law judges who presided over the courts of Ful- ton county, see chapters on this subject in the Histories of Adams, Bedford, Franklin and Somerset counties.)

ASSOCIATE JUDGES.

Mark Dickson, appointed January 23, 1851; David Mann, Jr., appointed January 23, 1851; Samuel Robinson, elected 1851; Nathan Kelly (died in office), elected 1851; John W. Bohn (vice Judge Kelly, deccased), appointed May 14, 1856; William S. Nelson, elected 1856; William Lodge, elected 1856; Lemuel Gordon, elected 1861; Robert Camp- bell, elected 1861; Jeremiah W. Porter, elected 1866; George W. White (died in of- fice), elected 1866; John B. Hoke (vice Judge White, deccased), appointed April 6, 1871; Daniel Logan, elected 1871; Thomas Sipes, elected 1871; George W. Bar- ton, elected 1876; James Cooper, elected 1876; John Daniels, elected 1881; Samuel L. Buckley, clected 1881; Jacob McDonald, elected 1886; Peter Gordon, elected 1886; Joshua Hixson (died in office), elected 1891; Thomas Gracey (died in office), elected 1891; McKinzie W. Houck (vice Judge Hixson, de- ceased), appointed November 9, 1892; James Daniels, elected 1893; John M. Fore (vice Judge Gracey, deccased), appointed Septem- ber 4, 1894; Peter Morton, elected 1895; Lemuel P. Kirk, elected 1898; David A. Nel- son, elected 1900.

THE BAR.

Since the organization of Fulton county one hundred and cleven attorneys have been admitted to practice in its several courts,

278

THE BENCH AND BAR OF PENNSYLVANIA

but a large majority of them were non- resident of the county, admitted on motion. The resident attorneys now practicing in the county are designated by an asterisk. The following chronological list shows the date of all admissions :

William P. Schell, January 13, 1851; Sam- uel M. Barclay, January 13, 1851; William Lyon, January 13, 1851; John Mower, Jan- uary 13, 1851; John A. Blodgett, January 13, 1851; Samuel L. Russell, January 13, 1851; Samuel HI. Tate, January 13, 1851; Joseph F. Loy, January 13, 1851; Oliver E. Shannon, January 13, 1851; Josiah E. Bar- clay, January 13, 1851; Andrew J. Cline, January 13, 1851; David F. Robinson, Jan- uary 13, 1851; William Baker, January 13, 1851; George W. Brewer, April 7, 1851; Wilson Reiley, April 7, 1851; William Dor- ris, Jr., April 7, 1851; James M. Russell, April 7, 1851; Alexander King, April 7, 1851; Job Mann, August 4, 1851; John Cessna, August 4, 1851; John R. Edie, Au- gust 4, 1851; Francis M. Kimmel, August 4, 1851; David H. Hofius, August 4, 1851; Enoch G. Day, October 20, 1851; John H. Filler, October 20. 1851; John J. Bonnett, October 20, 1851; William M. Hall, January 13, 1852; Andrew N. Rankin, August 2, 1852; Ayres, August 2, 1852; Wash- ington Crooks, August 2, 1852; James A. Boggs, April 4, 1853; John P. Reed, August 1, 1853; Solomon Mason, August 3, 1853; Joseph W. Tate, January 9, 1854; Thomas M. Carlisle, January 9, 1854; John S. Rob- inson, January 12, 1854; T. W. B. McFadden, April 5, 1854; James Nill, August 7, 1854; J. W. Douglas, January 8, 1855; Joseph C. Rhodes, October 23, 1855; John W. Lingen- felter, April 9, 1856; Alexander K. McClure, August 4, 1856; George W. Reges, October 20, 1856; George W. Welch, January 12, 1857; F. S. Stambaugh, August 3, 1857; William S. Everett, October 19, 1857; Wil- liam C. Logan, January 11, 1858; J. Mc- Dowell Sharpe, January 11, 1858; Charles

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 40

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