The twentieth century bench and bar of Pennsylvania, volume I, Part 47

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1102

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this time the judge began to serateh his left arın and sit uncasily in his ehair. On elos- ing the examination of the third witness the judge, leaning forward and in a voice hoars- er than usual, said 'Mr. Struthers, you need not pursue that examination any further. Mr. Prothonotary, strike that judgment from the records of this court,' and coming down from the beneh he shook the old ehief- tain, then one hundred years old, by the hand. The breath of life never returned to that judgment."

Nathaniel B. Eldred was appointed judge of the eighteenth district in 1835 by Gover- nor Wolf, and was the only one of the first seven judges to reside in Warren. See sketch in Wayne county.

Hon. Alexander McCalmont, of Franklin, I have not been able to obtain any infor- mation. Judge Johnson says in his Reminis- eences that his term was short and unsatis- factory.

The exigencies of the business in the Sixth distriet in 1839 required the ereation of a special additional eourt of civil jurisdiction and the Hon. James Thompson was appoint- ed its sole presiding officer for a term of five years. He brought to the discharge of its duties integrity, learning and a large ability. flavored with a geniality of disposition, an urbanity of manner and a judicial courtesy which made him a favorite with all, especial- ly with the members of the bar. In after years the same qualities of mind and man- ner adorned his administration for a full term upon the Supreme beneh from which he retired as chief justice, dying soon after, while arguing a case in the eourt he had so lately presided over.

Hon. Gaylord Church was born at Oswego, N. Y., in 1811, studied law at Mereer, Pa., was admitted to practice in 1834 and re- moved to Meadville the same year. (See his- tory of Crawford county.) He died in 1869.

Hon. John Galbraith was born in Hunting- don eounty, Pennsylvania, in 1794, the son

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of a soldier of the Revolution. He studied law at Butler, Pa., was admitted in 1818 and began practice at Franklin, soon at- taining prominenee. He served three terms in the Legislature and three in Congress. Hle removed to Erie in 1837. He was elected judge in 1851 and served until his death, June 15, 1860. (See sketch in Erie county.)

Hon. Rasselas Brown was born at Brown- ville, Jefferson county, New York, Septem- ber 10, 1812. His mother's father, Nathaniel Plumb, served in the Revolutionary war and his own father, George Brown, was a captain . in the war of 1812-15. He graduated at Un- ion college in 1836 and came to Warren as the first principal of the Warren academy. While teaching he studied law and on being admitted to practice in 1839, became the junior member of the firm of Struthers, Johnson & Brown. He remained in practice at Warren until his death, August 23, 1895, serving a short time in 1860 as president judge of the distriet. He was a member of the Legislature one term, a member of the board of revenne commissioners of the state and of the constitutional convention of 1873. Ile was the candidate of his party for presi- dent judge of the district in 1860, 1870 and 1880. He was married in 1841 to Elizabeth Sill, who survives him.

Mr. Brown always took a great interest in military affairs as was natural from his an- cestry, and in 1858 was appointed a general of brigade in the militia, in which capacity he served efficiently until the war broke up the militia organization of the state. Ile clothed and equipped a company of volun- teers which was enlisted and organized in Warren in 1861. He was an able judge, who, but for the strength of his politieal eonvie- tions, which he would never barter for office, would probably have served his district or state in that capacity for many years. As a lawyer he was in most respects the peer of the ablest that ever practiced at the bar of

this district. He exeelled in counsel and preparation, was a great worker, reader and student and in later years was pre-eminent as a railroad and corporation lawyer-being a director in many railroads and special counsel for the Lake Shore & Michigan Southern railroad and others as well. His character was distinguished by marked in- tegrity, unswerving patriotism and the high mindedness characteristic of the cultivated gentleman that he was.

Hon. Samuel P. Johnson succeeded Rasse- las Brown in 1861, and presided over the dis- trict for one term of ten years. Judge John- son was born in Venango county, Pennsyl- yania, January 31, 1809. ITe was a lineal descendant of Oliver Cromwell. He was the son of Rev. Robert Johnston, a Presbyterian minister, at one time vice-president of Alle- gheny college. He graduated at Jefferson eol- lege, studied law at Danville, Pa., under the guidance of Hon. R. C. Grier, afterwards a justice of the Supreme Court of the United States, and when admitted started to prac- tice in Franklin. Soon after, being invited to accompany the judge and bar, which in those days "rode eireuit" together, he vis- ited Warren during term time in 1836. There being assigned to proseeute a criminal case in which the deputy attorney general was in- terested, he showed sueh marked ability that he was at once offered a partnership with Thomas Struthers, then the leading loeal practitioner. He soon forged to the front and stayed there until his election to the bench. After his term expired he deelined a renomination and resumed active practice which he kept up until the infirmities of age compelled his retirement about 1890. He died February 3, 1893. He was twiee mar- ried, first to Martha Hazeltine and seeond to Martha L. Parmlee, who survives him.

Being passionately devoted to his profes- sion, Mr. Johnson never sought or accepted any other publie office exeept school director. HIe was always, however, in the most com-

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prehensive sense, a true publie spirited eiti- zen. No movement for the betterment of the community in which he lived ever called on him in vain. With ready tongue and pen he ever aided his fellows. The schools of Warren owe to his efforts the first real pro- gress they knew-the first building worthy of the all-important cause of education. The cause of temperance never called on him in vain-in season and out of season-on the platform and through the press, with eour- age unsurpassed he ever, advocated the right and opposed the wrong. Though rough in exterior and often stern and forbidding in manner his heart was tender and his sym- pathies keen and easily roused.

As a lawyer Mr. Johnson was a tremen- dous worker and the constant flame from his midnight oil was a noteworthy beacon light to the belated wanderer in the streets. Though his knowledge of reported cases was great and his memory seldom equalled, he always relied upon legal principles and had little patience with the lawyer whose princi- pal backing was the state reports. Logic was his delight and habit of thought. His clearness of mind was on a par with the vigor and power ef his expression. Deliber- ate in speech every word counted. It seemed impossible for him to ever say a foolish or trivial thing. In power of invective he cer- tainly never had a peer at the Warren bar. Many an adversary has writhed under the sting of his speech, as hard to endure or to answer as the lash of a whip in the hands of a master. With an iron will and ever unshaken faith in the justice of his elients' cause, he was a dangerous opponent. His in- tegrity was proverbial and no trust reposed in him was ever neglected or abused. His practice was extensive and lucrative though his charges were always low.

Prior to his elevation to the bench Judge Johnson always attended the courts of the neighboring eastward counties, often, as he used to say, trying one side of every ease and

winning them all, and after his term as judge his practice extended to Erie and Crawford counties and the courts of the United States in the Western district. Though no lawyer was or could be busier he found am- ple time to mdulge in the relaxation of writ- ing-chiefly on loeal historieal subjeets. No one man ever did a tithe of the work of pre- serving the facts and traditions of early days in Warren county and vicinity that he did. The life-long friend and counsel of Cornplant- er and his sons, it was principally through his efforts that a fine monument was ereeted · by the state at the grave of the old chief at the reservation above Warren on the river and the lands donated to the old chief for his services to the American cause during the Revolution, by an aet of the Legislature, divided among his deseendants. Without compensation he served and advised these Indians for more than half a century.

Mr. Johnson was above medium height, always spare, smooth of face and strong of feature. His strength was great and endur- ance phenomenal. Though fond of the coun- try and the forest, vacations had no charm for him. Work was his duty, his pleasure, his pastime. If in any branch of his pro- fession he was pre-eminent it was as a land lawyer. In the early history of titles, grants, settlement laws, original surveys and kin- dred subjects, he was authority itself. Though those that knew him best doubted the wisdom of placing on the bench a man of such independence, positive character and convictions, so radical and strong in his prejudices, such distrust was not justified. His administration of justice was character- ized with fairness as well as ability and his record as judge did not suffer when com- pared with those of eminent men who pre- ceded him. More than two years after his death the Supreme Court, in passing upon some of his work, pronounced him "one of the most distinguished and honorable law- yers of the commonwealth."

J. J. Johnson

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Lansing D. Wetmore was born in Pine Grove township, Warren county, Pennsyl- vania in 1818 and was the son of Hon. Lan- sing Wetmore, the first prothonotary of the county, later an attorney at law and asso- eiate judge. He graduated at Union college in 1841, studied law and was admitted to the bar in 1845. His practice was large and sue- ecssful and in 1870 he was elected president judge. Sinee his retirement from the bench he has practieed law but little, being ab- sorbed in extensive business enterprises, in which he has been eminently successful. The judge is still with us, one of Warren's most honored and respceted citizens.

William D. Brown succeeded Judge Wet- more. IIe was born at Sugar Grove, War- ren county, September 6, 1823, of pure Scoteh-Irish Presbyterian ancestry. His fath- er was Hon. David Brown, who was Warren eounty's first representative in the Legislat- ure. Mr. Brown obtained his education at home and in the Warren academy, from which he graduated in 1841. He studied law in the office of Struthers, Johnson & Brown, and was admitted to the bar in December, 1847. He was a member of the Legislature in the years 1863-4-5, but with the exeeption of the judgeship has held no other office ex- cept loeally. When by act of May 3, 1850, the appointive offiec of deputy attorney gen- eral was changed to the elective office of dis- triet attorney, he was the first incumbent of the new office in Warren county. He was married in 1856 to Lucy Rogers, whom he survives. During his term as judge in 1883, Elk eounty was taken from the Thirty-sev- enth distriet and placed in the Twenty- fifth.

To the personal and professional eharacter and legal attainments of the last two judges named hercin, as they are still living, it would not be in good taste to refer. Suf- fiee it to say that in no way and by no aet of any of them has the deservedly high char- aeter of the bench and bar of the districts

of which Warren county was a part been in any wise lowered.

Hon. Charles H. Noyes succeeded Judge Brown in 1891. He was born at Marshall, Mich., July 28, 1849. He never attended school after attaining the age of twelve years, being compelled to earn his own liv- ing from that early age, but by his own ex- ertions, aided by great mental capacity and a retentive memory, so made up that defi- cieney of opportunity as in later life to earn a reputation for scholarship and literary ability at least not execlled by any of his learned predecessors. He came to Warren as a clerk, studied law with Hon. W. D. Brown and Hon. J. R. Clark, and was ad- mitted to practice December 12, 1871. He almost immediately, by the excreise of his great industry, taet and legal aptitude, at- tained a large and lucrative practice. This rapidly extended to adjoining counties and he soon became the trusted solicitor of the largest corporations doing business in this locality. Although a Democrat in a distriet largely Republican, he was elected president judge in 1890 at the early age of forty-one, which office he held until his death in 1898.

It is not reealled that he held any other public office except that of burgess of his adopted town, although occasionally the ean- didate of his party for high politieal hon- ors. He was courageous and independent in his thinking and acting, at least twiee tem- porarily aiding the Republicans on the stump and in the press, when he thought his own party had deserted its original principles and gone after strange gods. During his term as president judge he was at one time a strong and leading candidate for the Su- perior Court beneh. He was a man of ex- traordinary versatility, enabled, through his quiekness of thought and appre- hension and methodical ways of study, to find time amidst the cares of perhaps the largest practiee at the Warren bar, to be- come a leader in dramatie and musieal cir --

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eles and in the intellcetual life of his eom- munity as developing in literary and seien- tific clubs, ete. An ardent lover of nature, with refined taste and fine feelings and a wonderful power of expression, he was a minor poet of high order. As a eitizen, Mr. Noyes was not only interested but generally a leader in all which made for the improve- ment and betterment of the community and the beautifying of the town which he seleet- ed as his home. Educational movements never appealed to him in vain. With voiee and hand he aided the publie sehools, and was a trustec of the Struthers Library build- ing from its creetion in 1883 to his death, and for many terms a member and president of the board of control of the library, aiding efficiently in finally making it the free eduea- tional auxiliary it now is. He was intensely interested in local history and was one of the three or four originators of our Histor- ical Society.

When in 1895 Warren celebrated the one hundredth year of its laying out as a town, he was one of the leaders in that magnifi- cently sueeessful enterprise and after its completion wrote and compiled a fine memor- ial book of the celebration, now invaluable as a historie record, but with characteristic modesty kept his name from the title page and his face from its ,leaves, though thereby the portraits of Warren county's judges was left incomplete. With all this he found time to amass a competence, crecting for his family one of Warren's finest homes and leaving wife and children independent. Mr. Noyes was twiee married, first to Lucia Morse and next to Effie Morgan, who with a large family of children survives him.

Hon. Wilton M. Lindsey succeeded Judge Noyes in 1898, first by appointment and then by election. Judge Lindsey was born in the township of Pine Grove, Warren county, in 1841, studied in the academy at Randolph, N. Y., and in the State normal sehool at Edinboro, Pa. He served his coun-

try in Company F, One Hundred Forty- fifth Pennsylvania Volunteers, from August 13, 1862, to January 27, 1863, when he was discharged for disability. He served nearly three terms as county superintendent of schools and one term in the Legislature. He studied law at Warren with Judge Johnson and was admitted to practice March 4, 1872. He at once became a partner of his prceept- or, which relationship continued until the death of the latter in 1893. The reason al- ready given for refraining from eulogy or eritieism of the living judges heretofore men- tioned applies as well in this ease and for obvious reasons even better-henee Judge Lindsey must wait until his advent into an- other and better world to learn what is thought and said of him in this.

Warren county has had two court houses. The first one, built of the first brick ever made in the county, was crected in 1827. Just half a century later and on the same site, the present fine modern edifiee was dedi- cated. It was pronounced at the time by the board of charities the "model court house of the state." The able, learned and elo- quent addresses made on that occasion, De- ecmber 3, 1877, by Judge Wetmore, Ex- Judges R. Brown and Johnson and Judge- to-be W. D. Brown are fortunately preserved in the Warren Mail of the day following and constitute a repository of facts which no fu- ture historian ean safely neglect, and which no lover of his eounty and his profession can afford to overlook.

The first eourt, however, was held in a room in "Jackson's tavern," located at or near the present site of the Carver house. The lawyers in attendance were Ralph Mar- lin, John Galbraith and Patriek Farrelly, of Meadville : Thomas H. Sill, of Eric, and Ab- ner Hazeltine. The latter was the only resi- dent attorney and lived long enough there- after to contribute a most interesting letter from his home in Jamestown, N. Y., to the . dedicatory ceremonies before mentioned.

Charles Ho. hoyes

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During the evening of the first day of court, Counsellor Marlin and a grand jury- man engaged in an altercation and fight in the bar room adjoining. Both were prompt- ly indicted for assault and the grand jury- man was convicted, by the first trial jury em- panelled in the county. Sentence was sus- pended and the case against the counsellor was postponed. The former was never pun- ished and the latter was never tried. The first civil case brought was an action of ejectment for four town lots in Warren. This case was never tried, although for thirty years the successive prothonotaries severally taxed their costs on the record of it. The fol- lowing courts were held in the shops and the school house until the court house was built.

Among the notable cases tried in an early day are the slander case of Joseph Hackney vs. Jacob Hook, begun in 1823 and ended in 1830-three times tried and twice in the Supreme Court; the trial of Jacob Hook for the murder of Caleb Wallace, and the trials of the charges of forgery made against N. A. Lowry. The prominence of all these par- ties made the several trials notable and the latter is said to have been characterized by "tempests of passion and excitement." The murder trial and the bitter feeling it en- gendered is reported to have been the great event and sensation of the county for several years, one of the jurymen going insane with the excitement and hanging himself the next day. There has been but one conviction of murder in the first degree in the county and no execution.

Able lawyers have aided in the adminis- tration of justice in the courts of Warren county. "Of the lawyers who have come and gone, lived and died, rose and fell, flour- ished and failed in the county," time and space will not permit nie to make mention in detail. I can only briefly enumerate a few who were conspicuous in their day.

Abner Hazeltine was, as before stated, the first resident practitioner. He came

here in 1818. "He was a modest, unpreten- tious man, not an orator, but a man of nat- ural integrity, with a conscience that dom- inated his entire professional life." His practice, of course, commenced at Franklin. It was a long walk from his office to the court house-yet it had to be traveled sometimes. There was no description of public convey- ance between those points for fifteen years after that but the force of gravity acting upon the waters of the Allegheny river. He returned to Jamestown, N. Y., in 1825, where he rounded out more than three score years of active professional life. He was twice sent to the New York Legislature, twice to Congress, and was twice elected pre- siding judge of Chautauqua county.

Gilman Merrill came in 1826 and was ad- mitted the next year. He never made much pretension as a lawyer, but was appointed prosecuting attorney in 1853 and afterwards became an associate judge. He was a justice for many terms, which shows the confidence the people had in him.

Samuel A. Purviance was a resident here from 1828 to 1832, when he removed to But- ler and many years afterwards to Pittsburgh. In his profession, wherever he practiced, he was eminent, and as a man stood high in the community. He was appointed attorney gen- eral of Pennsylvania in 1861.

Carlton B. Curtis came in 1834 from Chau- tauqua county. He soon acquired friends and prestige as a lawyer. Naturally indo- lent, he was careless in practice, but by force of native genius and natural aptitude for the law he attained great success. His mind was incisive and analytical. Socially he was agrecable and facetious even to the point of waggery. Even to this day are told by old citizens many anecdotes of his humorous sayings, which from his kindness. of heart never hurt the object of his wit. He repre- sented the county in the Legislature in 1837 and 1838 and his district in Congress in 1851 and 1873. He was an active and able poli-

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tician. He served his country in the war of the rebellion for about a year as colonel of the Fifty-eighth Regiment, Pennsylvania Volunteers. About the close of the war he removed to Erie, where he resided, actively following the practice of his profession until his death in 1885.

Benjamin Bartholomew practiced here from 1835 to 1847, when he removed to Schuylkill county. He was a fine speaker and had excellent legal abilities. Unfortu- nately, his habits did not inspire public con- fidence. He represented the county in the Legislature in 1846.

Josiah Hall was the first law student in the county. He was admitted in 1823. The cream of the practice in those carly days be- ing taken by non-resident practitioners, he was compelled to go into business, where he met with considerable success. He retained his position at the bar, however, until 1834, when he was appointed an associate judge, which office he resigned the next year upon his election to the Legislature. He never resumed active practice and spent the re- mainder of a long life in the ups and downs of the lumber and oil business, alternately rich and poor, interspersed with several heavy and perplexing law suits.

The most prominent of the non-resident practitioners above alluded to as absorbing the cream of the practice in the early days were John Galbraith and James Thompson, of whom mention has been made among the judges, and John J. Pearson, who was admit- ted here in 1822.

John J. Pearson .- It is worth while to re- peat without abridgement what Judge John- son says of Mr. Pearson : "He was then a fair complexioned, light haired stripling, just of age; resided in Franklin and had been about two years a lawyer. He was well read, · professionally ambitious, a ready and rapid speaker and indefatigably industrious. These elements of character brought him rapidly to the front ranks of the profession, He soon

became and for many years was, the lead- ing practitioner of this, as he was of Venan- go county. About the year 1830 he removed from Franklin to Mercer, but continued his long horseback rides to the courts of this county periodically up to 1840 and occasion- ally thereafter. He was a model practition- er, well posted in the law, possessed of a quick perception, a ready and discriminating mind and great resources. He was a most formidable antagonist to any opponent. He was first appointed and afterwards three times elected president judge in Dauphin and Lebanon counties, equally distinguished for his professional ability, his social virtues, and his untarnished integrity." His judg- ments as recorded in "Pearson's Opinions," covering a period of thirty years, are among our most valuable law books and when cited have almost the weight of Supreme Court de- cisions.

Thomas II. Sill, of Erie, was another of these visitors. He was one of the ablest members of the bar of his county. (See Erie county.)

Other early lawyers of note, residents of Erie, were occasional practitioners here, of whom should be mentioned Elijah Babbitt, Don Carlos Barrett, William A. Galbraith and J. W. Wetmore. From Meadville, be- sides those mentioned as judges, were Pat- rick and John Farrelly, the former being ad- mitted on the opening of the first court here, and Alfred Huidckoper. From Chautauqua county, New York, came Madison Burnell, one of the brightest criminal lawyers our community ever heard, Richard P. Marvin, and others.

But to return to those who became by cit- izenship more closely identified with the in- terests of the county.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 47

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