The twentieth century bench and bar of Pennsylvania, volume I, Part 48

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

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Theodore C. Spencer was admitted 1853, practiced here for a few years, re- moved to the southwest and returned to Franklin, where he practiced until his health gave way. In 1900 he died in Corry,

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where he had lived for fifteen years a help- less invalid. Though here but a short time, his geniality, wit and great ability made a decided impression on the minds of his co- temporaries, those now living still regarding his memory with affection and regard.

Thomas Struthers .- In 1828 was admitted Thomas Struthers, than whom probably no eitizen of Warren deserves more prominent mention. With a logieal mind, tremendous energy and untiring industry, he soon achieved sueeess and distinction in his pro- fession. Feeling, however, that his powers fitted him for a wider field he soon engaged in the purchase and development of large tracts of land and in the construction of roads and railroads and the improvement of rivers in this and other states, even as far as California. Chiefly through his efforts, long continued and in faee of great obstacles, the Philadelphia and Erie railroad was ehar- tered and construeted. Almost alone he built a railroad from Corry to Titusville, now a part of the Pennsylvania system. He organized and was president of the First Na- tional Bank of Corry, construeted iron works and developed mines. He retired from praetiee in 1840, to devote his entire atten- tion to his great business enterprises. In these he was deeply interested until he died in 1892, nearly ninety years of age. He served in the Legislature in the sessions of 1857 and 1858 with distinguished ability and was an influential member of the eonstitu- tional convention of 1873. His principal monuments are Warren's greatest industry, the Struthers Iron Works, and Warren's greatest benefaetion, the Struthers Library building, the home and property of the pub- lic library, which, while living, he built at a cost of $90,000 and bestowed upon his fel- low eitizens.

After the admission of the worthy gentle- men already described, quite a term of years elapsed during which the usual num- ber was admitted to the rolls, of whom no

special history is aseertainable. They were usually honorable gentlemen of average abil- ity, but as a rule attained to no sueh prom- inenee at the bar as to entitle them to special mention. At a little later period, however, there eame among us others in whose mem- ory something ought to be said. Referenee is here made to those who made Warren their home and who perehanee may have repeated Stonewall Jackson's last words: "Let us now pass over the river and rest under the trees on the other side."

Samuel T. Allen was admitted in 1864, practiced here and died in 1885. He was a successful practitioner of good ability and mueh foree of eharaeter. He served in the war of the rebellion in the One Hundred Fifty-first Pennsylvania Volunteers, and dis- tinguished himself in the battle of Gettys- burg, where his regiment suffered so heavily that before the battle was over he, although only first lieutenant and adjutant, command- ed and led the regiment in a bloody and suc- eessful eharge, for which he was borne from the field erippled and disabled by a severe wound.

Robert Dennison was a captain of eavalry and a soldier of distinguished gallantry. He was admitted in 1868, but owing to the con- stant suffering entailed by an unhealed wound he did not remain long in the prae- tiee but became postmaster and afterwards engaged in the banking business. He died in 1884 under an operation made necessary by the wound referred to.

James H. Donly was admitted to this bar in 1872 but did not loeate here until about 1883. He was truly an odd genius-odd and original in his ways to the point of eeeen- trieity and a genius in his knowledge and memory of cases and principles. Kind and benevolent to the extent of his means, he made friends in all elasses. In his lonely bachelor way he eontraeted liabits of con- viviality which impaired his usefulness and hastened his end, which came in 1900.

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Charles Warren Stone, of Warren, who ranks among the most honored citizens of Warren county, counts among his ancestors numerous well known characters of Revo- lutionary fame, being a lineal descendant of the families of Williams, Prescott and Greenc. Born in comparative obscurity, he has, by his own ability, energy, perseverance and handwork, made his way to his present position among the leading citizens and prominent public men of Northwestern Pennsylvania.

During his boyhood he worked with his father at the carpenter trade and after his father,'s death, with the help of his two younger brothers, carried on his grand- father's farm. He made good use of such educational advantages as he had, attend- ing school during winter months, and after completing his preparatory studies at Law- rence academy, he entered Williams college, from which he was graduated with honor with the class of 1863, defraying his expenses in the meantime with money earned by teaching school and other work. After his graduation young Stone became principal of the Union school at Warren; was elected superintendent of schools of Warren county in 1865, and during the same year was made principal of the academy at Erie. During this time he devoted his time, when not otherwise employed, to the study of law, and in 1866, passed an examination, was admit- ted to the bar of Warren county and began the practice of his profession as a partner with Judge Rasselas Brown.

Mr. Stone early identified himself with the Republican party, and for more than thirty-five years has been more or less active in its affairs and councils. He has been the recipient of many positions and offices of trust, in all of which he has acquitted him- self honorably and won universal approba- tion. Beginning as a young man, he served three years as a member of the borough

council, and nine years as a member of the Warren school board, the last three as its president. He represented the district com- prising Warren and Venango counties in the state legislature in 1869, and at the end of his termi was re-clected without opposi- tion. As a member of the state senate in 1876, Mr. Stone served as chairman of the general judiciary committee, and was largely instrumental in securing passage of the law in which the state Supreme Court reports are published, and under the operation of which law the cost to the profession of said reports was reduced from four dollars and a half to about one dollar per volume, the present contract price being ninety-four cents. Two years later on the assembling of the Republican state convention, he was presented by the representatives of the Northwestern part of the state for the of- fice of lieutenant governor, for which he was chosen at the general election which fol- lowed, by a majority of twenty-three thou- sand, two hundred and fifty votes, being larger than that of any other candidate on the ticket.

In 1883 Mr. Stone served as one of the three commissioners who located the United States building at Erie; a little later repre- sented the state of Pennsylvania at the in- ter-state extradition conference called by the governors of several states, and shortly afterwards served as a delegate from his state to the prison congress, presided over by ex-President Rutherford B. Hayes. He served as secretary of the commonwealth under appointment of Governor Beaver from 1887 till his election to Congress from the Twenty-seventh Congressional district, in 1890. At the expiration of his term, he was returned to Congress four successive terms by re-elections, and during his last two terms, in 1895-9, was chairman of the com- mittec on coinage, weights and measures.

In Congress his committee reports on cur- rency and coinage, and his speeches on the

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floor of the house on these subjects as well as on a protective tariff, attracted wide at- tention, and won for him the respect of his associates and the confidence of his party leaders.

Throughout his busy public career, Mr. Stone's conduct has been straightforward, consistent and fearless. Coming from the ranks of the common people, his sympathies are with them, and he has never hestitated to espouse their cause in opposition to what- ever he believed to be wrong or inimical to the greatest good to the greatest number. Recognized as a man of high character and purity of purpose, a lawyer well trained in the knowledge and interpretation of the laws, and a statesman able in state-craft, and whose motives have never been im- pugned, it is but natural, with his wide ac- quaintance and popularity, that honor should come to him. By nature a leader, his long training in the school of experi- ence has qualified him for a high place, and it is not too much to predict for him future honors surpassing even those that have crowned his life thus far, high and gratify- ing as these have been.

Samuel T. Neill studied law here and was admitted in 1868. He practiced at Titus- ville, returning here about 1883, where he remained until his death in 1896. He was a lawyer of unusual resource and ability, most painstaking and studious and a lover of his profession. He so combined industry and a most marvelous memory as to have been justly considered among his fellows as a walking encyclopedia of law-never fail- ing to honor liberally any draft on his men- tal store of cases.

Melancthon Miles, a man of limited educa- tion but natural abilities, came to the bar late in life in 1875. He practiced here with success until his death in 1881.

William Swanson, Swedish born, was ad- mitted in 1877 and died in 1884. In these years he attained great success, and held the

office of district attorney at the time of his death.

George N. Frazine was admitted in 1883. He practiced here until 18-, when he re- moved to Buffalo, meeting there an untimely death in 1901. He was a man of great force and energy, fine abilities and intellectual powers, which bade fair to have brought him distinction in time.

W. V. N. Yates was admitted in 1886, prac- ticed here and died in 1898. His early death cut off a career of promise, for he had nat- ural abilities, wit and industry, although al- ways handicapped by poor health.

Charles A. Peterson, of Swedish descent, was admitted in 1887. He was district attor- ney at the time of his death in 1900. Gifted with unusual industry, ability and aptitude for his profession, his untimely death was a great loss to the bar and community.

H. E. Brown, a quiet, careful and studious practitioner, son of Judge R. Brown, became a lawyer in 1871 and died in 1899, with hosts of friends and no enemies.

Alice G. Magee, our only female lawyer, was admitted in 1890 and died in 189 -. Bright and beautiful in face, form and char- acter, her life was too short to afford a chance to develop a career which was full of promise.

Of the living members of the bar of War- ren county it is not my purpose to speak. Let some future writer record their achieve- ments. I will, however, make an exception as to a few whose names are still on the roll.

Lothrop T. Parmlee, now the senior of the bar, was admitted in 1842. He was a mem- ber of the Legislature in 1854 and remained in the practice until age and his physical in- firmity compelled his retirement. Bright of mind, with much force of character, he was a prominent figure in his day.

Charles Dinsmoor was admitted in 1859. Studious, industrious and of excellent abil- ity, our bar has seldom possessed a better office lawyer and adviser. The bright flame

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of his keen intellect has, however, been for- ever quenched and although living, he is awaiting the final summons with no compre- hension of his pitiable condition and sad sur- roundings. Our keenest sympathy, love and pity he has, although, alas, he can never know it.

Of our present active bar as a whole, it is perhaps enough to say that its members as well as their predecessors deserve and have the respect of their cotemporaries in this and adjoining counties where some of them are frequently called to measure their powers with the brightest of their neighbors-suf- fering not by the comparison.

In addition to those before mentioned who have held high and honorable posts of pub- lic service, I will take the liberty of naming, of those still living, who have been in the Senate or lower house, General Harrison Al- len, also auditor general, Junius R. Clark, George W. Allen (now non-residents), C. W. Stone, O. C. Allen, and C. C. Thompson (once speaker of the house). Mr. Stone has also served several terms in Congress, as well as a very prominent candidate for gov- ernor of the commonwealth.

As a whole our bar, from first to last, is a body of men to be proud of. Leaders in public thought and improvement, they have ever been in the forc-front of the community. Few scandals have stained their fair fame and very few unworthy men have chanced to obtain admission. As a rule civility, cour- tesy and fair treatment have characterized their dealings one with another, with the court and the people. It is very well for us to occasionally look back to the brilliant careers of those who have gone before, tak- ing from their lives new inspiration to excel and to hand down unstained to our succes- sors the fair fame and good repute of the bench and bar of Warren county.

David I. Ball, a prominent member of the bar of Warren county, was born in Farming- ton, tlicn Pine Grove township, June 13,

1844. His parents, Abel and Lucy M. (Northrop) Ball, were natives of the state of New York. His maternal grandparents were Gideon Munson Northrop and Fanny Fancher Northrop, and his greatgrandfather was Munson Northrop. His paternal grand- father was Moses Ball. His ancestors came from the state of Connecticut, and were settlers of the county prior to the French war, and some of them were soldiers in the French and Revolutionary wars. Mr. Ball's mother, with her parents, were among the early settlers of Warren county. His father dying in his fifty-fifth ycar, left the mother to care for the family, and raise the chil- dren. This she accomplished with great faithfulness, and her life was spared to her ninetieth year.

David's boyhood was spent upon the farm. His patriotism led him to enlist in the ser- vice of his country in July, 1862, and he served continuously during the war in Com- pany C, Independent Pennsylvania Infantry, and in Battery H, Independent Pennsylvania Artillery, until discharged in June, 1865, the day before he was twenty-one. The young man's education had thus far been obtained in the district schools, and after his return from the war it was finished in the James- town union school and Collegiate institute. During this time he taught several terms of school.

Mr. Ball studied law in the office and un- der the direction of Hon. William D. Brown at Warren, and on February 10, 1875, was admitted to the bar. He afterwards formed a partnership with his former preceptor, under the firm name of Brown & Ball. When Judge Brown, in 1880, went upon the bench, Mr. Ball formed with Hon. C. C. Thompson, afterwards speaker of the Assembly, the partnership of Ball & Thompson.

Mr. Ball's practice, while of that varied character incident to the practice of the law in the smaller towns and surrounding coun- try, has developed more especially into the

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real estate law, in which in counsel, advice and practice, he has acquired a high stand- ing. In his professional career lic has been distinguished by the careful attention to and thorough preparation of his cases. Some idea of the extent of his work is given in the fact that he has been connected with ninety- two reported cases in the reports of the Ap- pellate Courts of the commonwealth. Among these cases involving municipal law may be cited : Borough of Warren vs. Geer, 117 Pa. 207; Commonwealth vs. Thompson, 110 Pa. 297; Warren Water Company vs. Bor- ough of Warren, 200 Pa. 504. In insurance law, Grandin vs. Rochester German Insur- ance Company, 107 Pa. 26; Pickett vs. Insur- ance Company, 144 Pa. 79. In tax sales, Woodland Oil Company vs. Lawrence, 1 Pennypacker 480; same vs. Shoup, 107 Pa. 293; Preswick vs. McGrew, 107 Pa. 43. In general land law, McGrew vs. Foster, 113 Pa. 642; Logan vs. Gardner, 136 Pa. 588, and 142 Pa. 442; Morrison vs. Seaman, 183 Pa. 74; and in cstate law, Irvine's cstate, 203 Pa. 602. Cases which perhaps attracted more than ordinary attention at the time were the Ford and Lacy cases in Forest county, in which there arose a conflict of jurisdiction between the courts of Forest and Allegheny counties, and the case of Tolles and others vs. Beaty and others in Warren county.

In politics a Republican, Mr. Ball has been active in the local affairs of the county and borough for the past thirty years, and has held several positions of honor and trust. In 1871 and 1872 he served as treasurer of War- ren county ; he has been on the board of edu- cation of the borough of Warren three terms of three years each, and for six years since 1896 was president of the board. He was chairman of the building committee which supervised the erection of the Warren high school building one of the finest in the state, and was treasurer of the Warren academy. It was largely through his fore- sight and influence that the Warren acad-

emy funds were made available to the citi- zens of the county, for use in connection with the Warren high school, so as to give their children the right of attendance there to obtain a higher education.

In 1897 a vacancy occurring on the bench of the Superior Court of the commonwealth, Mr. Ball was strongly recommended to the governor by the bars of several counties and influential citizens, and the following, chos- en from the numerous testimonials of like character, shows the high estcem in which Mr. Ball was held :

"May I be permitted to add to that of many others, my own testimony to the high character and profound legal learning of David I. Ball, Esquire, who, I am informed, is about to be recommended to you for ap- pointment to the vacancy in the Superior Court of this commonwealth, caused by the resignation of Judge Willard. I have known this gentleman personally and by reputa- tion during many years, having met him at the bar in his own county of Warren, and in other counties of northwestern Pennsyl- vania, and have ever found him to be a care- ful, painstaking, thoroughly equipped and conscientious lawyer."

Again in 1898 Mr. Ball was strongly sup- ported for the position of president judge of the Thirty-seventh judicial district to fill the vacancy occasioned by the death of Judge Noyes.

Mr. Ball is a member of the First Presby- terian church of Warren, being an elder and member of the board of trustees, of which he has served as president for several years, and was a member of the building commit- tee which had in charge the erection of the present commodious and splendid church edifice. He has also been connected with the Young Men's Christian Association of War- ren since its start, and for several years a member of its board of directors, and for the last two years its president.

In 1871 Mr. Ball married Miss Lucy M.

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Robinson, daughter of Mr. Elijah Robinson. They have one daughter, May, who, with Mr. and Mrs. Ball, is active and prominent in church and charitable work.

William Garvin Trunkey .- The subject of this memoir was born in Mercer, Mercer county, Pennsylvania, October 29, 1854, and died at Youngstown, Ohio, March 16, 1892, at the early age of thirty-seven years, his parents being John Trunkey (afterward a justice of the Supreme Court of Pennsyl- vania) and Agnes Garvin Trunkey, daughter of the late Hon. William S. Garvin.

Mr. William Trunkey, after receiving a good common school education graduated at La Fayette college in June, 1878. He be- gan the study of law with his father, then a president judge, and completed his course in the office of Mr. C. IIeydrick of Franklin, Pa., afterward a justice of the Supreme Court of this state. In 1882 he left Frank- lin and engaged in the practice of his pro- fession in Warren, Pa., as the junior partner of Osmer & Freeman. Afterward the firm became Freeman & Trunkey, and still later Donly & Trunkey. His knowledge of ele- mentary law was thorough and accurate. He gave to the subject of commercial law great attention, and his researches in this branch of the profession made him thoroughly fa- miliar with the law governing commercial paper and other securities. His professional learning was not, however, confined to but one subject; he possessed a good general knowledge of the law. In practice he pre- ferred working to talking; the seclusion of the office to the struggles of the forum.

It was only in cases of emergency, where the issues were in great doubt, that his part- ner could induce him to speak before a tri- bunal; but, when he did speak, his terse, clear arguments were alınost certain to turn the scales in favor of his clients. He had the faculty of throwing into his remarks his pleasing personality, which always added persuasion to his logic. He was exceedingly

careful in the examination of titles and the preparation of conveyances, and when any abstract of title or written instrument came from his hand it was seldom possible to find a flaw in his work. He was a conscientious lawyer. He discouraged more suits than he brought. Indeed, no mercenary motive could induce him to institute an action unless the merits appeared to be in favor of his client. The result was that he seldom lost a case that he brought. His career at the bar, though brief, was brilliant.

His practice was large and remunerative. Instead of being overshadowed by the repu- tation of his distinguished father, he evinced a capacity and energy which promised to give additional lustre to the family name. When a very young man, by his urbanity of manners, ready and wonderful humor, he became the center of every social circle where he was, and this position he main- tained ever afterward.

On September 15, 1886, he was married to Mary, the only daughter of R. L. Coch- ran, Esq., of Franklin, Pa. His domestic re- lations were exceedingly affectionate and happy. He and his wife were members of the Presbyterian church. He was active in Sunday School and other religious work .: The pastor of this church in Warren, con- ducting the funeral exercises, spoke of him as a "young man happy in his domestic life, loved by the community, with good pros- peets in business, and with high and well de- served standing among his fellow men."

Following are the resolutions unanimously adopted by the bar of Venango county :

"Resolved, That, while we bend the knee and bow the head in view of the afflictive Providence that has made an empty seat in our circle in the death of William G. Trunkey, we avail ourselves of this occasion to place upon the record our appreciation of the gentle and sympathetic nature, the affable and dignified deportment, the high scholarly and professional attainments, and,

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in short, of all the elements that constitute a manly manhood, as exhibited in his daily life among us.

"Resolved, That in his death society has lost a model gentleman and the profession to which he belonged a rising star, that promised, in future years, to shed its bril- lianey and inspiration on the fraternity.

"Resolved, That to those who sustained to deeeased relations much stronger and dearer than those of a social or professional eharaeter we tender our mutual regrets and sineerest sympathy, hoping that consolation from a higher source may be vouehsafed to lighten their great sorrow. The tender ree- olleetion of the friends who knew him and who loved him for his genial disposition and the inborn kindness of his heart will always eling around his memory."

Equal, if not higher, tributes were paid in the resolutions adopted by the Warren bar, where Mr. Trunkey last praetieed.

But, as these are more lengthy than those above quoted, it is believed that the pur- poses of this intendedly brief memoir do not require the insertion here of more than the following brief abstraet :

"Resolved, That in his sudden disappear-

ance society has lost a model gentleman and the profession to which he belonged a rising star, that promised, in future years, to shed its brilliancy and inspiration on the frater- nity. Though reared in, and always a mem- ber of, the most aristocratic and elite eireles, which were always gladdened by his pres- enee, Mr. Trunkey's sympathies were ever with the lowly."

Abraham Lincoln said: "I know that God loves the common people, because he made so many of them." A similar senti- ment inspired Mr. Trunkey's life. He had a wonderful faculty of anticipating the wants or needs of those around him, and was ever ready to render, in the most deli- eate way, precisely the professional, or even finaneial, aid they needed.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 48

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