The twentieth century bench and bar of Pennsylvania, volume I, Part 5

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

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General Grant for president at Philadelphia. He practiced continuously at the bar except for a period during the Civil war, a portion of which time he aeted as inspector general of Pennsylvania troops under Governor Curtin. He died in Carlisle, May 11, 1891. General Todd was a fearless and eloquent advocate, and as an orator he was, in his prime and later years, a peerless leader of the bar, whether in the court, upon the stump or before some public convention or assembly.

William H. Miller, who for more than a quarter of a century was an active prae- titioner, was a student of Judge Reed and was admitted to the bar in August, 1842. As a lawyer, he was studious, deliberate and dignified, cool and self-possessed, and sue- ceeded in obtaining a large clientage and an honorable position at the bar. He died in Carlisle in June, 1877.

William Macfunn Penrose (admitted under Hepburn) was born in Carlisle, March 29, 1825; graduated from Dickinson college in 1844, and was admitted to the bar in No- vember of the following year. He was the eldest son of Hon. Charles B. Penrose. As a lawyer he was eminently suecessful, learned, quiek and aeeurate in his percep- tions, eogent in argument, fluent but terse in expression. He had a keen perception of the distinctions in the eases, and of the prineiples which underlie them, and in all questions of practice he was particularly at home. He served for a time as eolonel of the Sixth Regiment in the Rebellion. He died in Carlisle, September 2, 1872.

Hon. Robert M. Henderson, LL. D., at present the oldest living member of the bar, was born at Carlisle, March 11, 1827; he graduated from Diekinson eollege in 1845, read law under Judge Reed and was ad- mitted to the bar in August, 1847. He was elected as a Whig to the Legislature in 1851 and re-elected in 1852. He was appointed in 1874 additional law judge of the Twelfth

THE BENCH AND BAR OF PENNSYLVANIA

judicial district, and was elected to that office in the same year. He became presi- dent judge of that (Twelfth) district in January, 1882, but resigned his position in March of the same year and returned to his practice in Carlisle. He served as a colonel in the Civil war. The degree of LL. D. was conferred upon him by Dickinson college in June, 1887.

Gen. Alexander Brady Sharpe was born in Cumberland county, August 12, 1827; grad- uated with honor at Jefferson college, Penn- sylvania, in 1846; read law with Robert M. Baird, of Chambersburg, and subsequently with Hon. Frederick Watts, of Carlisle, and was admitted to the bar in November, 1848. During the Civil war he served upon the staff of General Ord and was one of the seven officers of the Loyal Legion who re- ceived promotion for specific services in the field. As a lawyer he was of sterling in- tegrity; as an advocate, strong, dignified and eloquent, but he was pre-eminently a scholar, familiar with the best literature of England, of Rome, and (which he loved most) of Greece. His memory was great, his reading broad, and his conversation polished, scholarly and interesting. He died at his home in Carlisle on the night of December 25, 1891.

EMINENT NON-PRACTITIONERS.

Under Judge Hepburn those who were admitted to the bar but who did not prac- tice here, were Hon. Alexander Ramsey (of Reed law school), examined by Gaullagher, C. B. Penrose and Frederick Watts, who was a member of Congress (1843-47) and after- wards appointed by President Taylor first territorial governor of Minnesota. He was elected its first governor in 1859; re-elected in 1861; later for two terms United States Senator (from 1863), and later still secre- tary of war under President Hayes; Hon. Nathan B. Smithers, who was a member of Congress and secretary of state for Dela-

warc. His examining committee was thie same as Ramsey's. Then there was Hon. Levy N. Mackey, who became a member of Congress (1875-79), Adair, Gaullaglier and Alexander being his committee of examina- tion. Hon, Carrol Spence (of Reed law school) became minister to Turkey under President Pierce, Alexander, Gaullagher and Bonham being his committee. Hon. James H. Campbell, who was examined by Freder- ick Watts, Samuel Alexander and William M. Porter, became a member of Congress (1855-57), and was United States minister to Sweden (1864-67). Hon. James R. Kelley (of Reed law school) went to Oregon and was defeated for governor (1866), but was elected to the United States Senate (1871- 77) and was afterwards chief justice of the Supreme Court. Then there was examined and admitted J. C. Kunkle, of Dauphin county, who became a Whig member of Congress, and Hon. Samuel S. Woods, who became president judge of the Union and Mifflin county district, and Hon. Benjamin Mackley Boyer, who was a member of Con- gress in 1865-69, and in 1882 president judge of the Montgomery district. Also Hon. Benjamin F. Junkin, of Perry, later presi- dent judge of this Ninth judicial district ; Robert A. Lamberton, LL. D., of Carlisle, member of the constitutional convention of Pennsylvania in 1880, later president of Le- high university, and who died in September, 1893.

Hon. Frederick Watts became president judge of our courts in 1849. He was the son of David Watts, of the carly bar, and was born in Carlisle, May 9, 1801. He was grad- uated from Dickinson college in 1819; two years later entered the office of Andrew Carothers, and was admitted to practice in August, 1824. He soon acquired an immense practice, which may be judged by the fact that during a period of forty-two years (from October term, 1827, to May term, 1869, in the Supreme Court) there is no

CUMBERLAND COUNTY 1406387

volume of reports containing cases from the middle district (except for the three years when he was upon the bench) in which his name is not found. For fifteen years (from 1829) he was the reporter of the decisions of that court-during which time three vol- mmes of "Watts & Penrose," ten volumes of "Watts" and nine of "Watts & Sergeant" reports were issued. On March 9, 1849, he was commissioned by Governor .Johnson pres- ident judge of the Ninth judicial distriet, · containing the counties of Cumberland, Perry and Juniata. He retired in 1852 when the judiciary became elective, and resumed his practice, from which he gradually withdrew in about 1860-69. In August, 1871, he was appointed commissioner of agriculture by President Hayes, which cabinet position had just then been formed. As a man he had great force of character, sterling integrity, and as a lawyer, ability, dignity and confi- dence. He had great influence with a jury from their implicit confidence in him. He was always firm, self-reliant, despised quirks and quibbles and was a model of fairness in the trial of a cause. He was the president of the Cumberland Valley railway for many years. He died at his home in Carlisle on Saturday, August 17, 1889.

In an editorial by Hon. A. K. McClure on Judge Watts, published in the Philadelphia Times (August 19, 1889), he says: "Judge Watts' judicial career was brief, but quite long enough to make him memorable as one of the most dignified, impartial and efficient common-law judges of Pennsylvania. * * It was at the bar that Judge Watts exhibited his grandest attributes. He was a great lawyer in all the qualities of the legal prac- titioner. He was exceptionally strong in the profounder characteristics of the profession, and at the same time mnost thorough as a case lawyer and pleader, and unsurpassed as an advocate. He was the most popular lawyer in his section of the state, not because of any demagogie attempts to popularize himself

with the multitude, but because he was unani- ' mously regarded as able, skillful and honest. ** *

* His appearance in a case was assurance that there must be some merit in his cause, and his dignified courtesy and scrupulous fairness in the trial of a case, and his candor, simplicity, earnestness and rare eloquence as an advocate, made him the most formidable of antagonists.

"Judge Watts was the one man of the interior bar who could successfully cope with Thaddeus Stevens. Even the keen in- vective of Stevens, upon which he so much relied, was sparingly applied when Watts was his opponent, and we recall a memor- able will case of thirty years ago in which Watts and Stevens were the opposing law- yers, as the model jury trial of our Pennsyl- vania courts. In unbroken dignity, uniform courtesy, consummate skill, exhaustive effort and persuasive eloquence, we doubt whether it has been surpassed, if ever cqualed, in the trials of the state. Both were yet in the full vigor of their physical and intellectual strength, incllowed by the achievements and disappointments of their earlier struggles in the profession; both were masters of their great art; both cherished the profoundest contempt for the clap-trap that is so often employed to enthuse the gallery gods, and each felt himself matched in his antagonist. "Judge Watts was thus a model lawyer as he was a model judge, and the influence he exerted in dignifying the legal profession and in commanding for it general public trust is yet felt in the region where his pro- fessional efforts are so well remembered."

Hon. James H. Graham, the Ninth presi- dent judge and the first after the judiciary became elective, was born in Cumberland county, September 10, 1807, graduated from Dickinson college in 1827, studied law under Andrew Carothers, and was admitted to the bar in 1829. In 1839, after the election of Governor Porter, he was appointed deputy attorney general for Cumberland county,

THE BENCH AND BAR OF PENNSYLVANIA

which position he filled ably for six years. It may be interesting to state that the third year after his admission to the bar his fees amounted to twelve hundred dollars, and continued steadily to inerease until he took the beneh. After the amendment to the constitution, making the judiciary eleetive, he received the nomination (Demoeratie) and was elected in October, 1851, president judge of the Ninth judicial distriet, eom- prising the eounties of Cumberland, Perry and Juniata. At the expiration of his term lie was re-elected in 1861, serving another full term of ten years. He died in Carlisle, September 26, 1882. In 1862 his alma mater conferred upon him the degree of LL. D. He was a careful and eonseientious judge, fond of the common law, of the Coke sehool, perhaps sometimes severe, but there was never in the language of his predecessor, Judge Watts, "a breath of imputation against his eharaeter as a lawyer, or upon his honor as a judge."

Henry Newsham .- Among the prominent practitioners under Judge Graham, who have sinee died, was Henry Newsham, an Englishman by birth, a man of wide reading and sound sense, of strong eonvietions and who hated hypocrisy. He was for years associated with his brother-in-law, William H. Miller.

Charles Maglaughlin, while distriet attor- ney. made an enviable reputation in the Dr. Paul Schoeppe murder trial, as a lawyer of intense earnestness and foree, but who died ere he reached his prime.

Samuel Hepburn, Jr .- Of the prominent practitioners admitted under Judge Graham we will mention only one-Samuel Hepburn, Jr .- who became an acknowledged leader of the bar. He was the son of Hon. Samuel Hepburn, born in Carlisle, December 30, 1839, entered Diekinson eollege, then went to the University of Virginia, and later to Europe and entered the University of Ber- lin. On his return he read law with his

father and was admitted to this bar in 1863. He soon stepped to the front rank of his profession, for his great legal ability was soon recognized and brought him a luerative praetiee. His reputation as a lawyer was not loeal; he was partieularly well known to the Supreme Court and in legal cireles throughout the state. A handsome man with Gladstonian faee and attractive manners, he looked every ineh the thorough lawyer that he was. In thorough training in the funda- mental principles of law (ineluding a knowl- edge of the Roman law). in breadth and soundness of judgment, in quiek diseern- ment, in the strong grasp of broad legal principles and in the deduction therefrom of eorreet eonelusions; in subtle distinetion and wide generalization as a eounsellor and as an advocate, before the jury or before the court, he had, perehanee but few, if any, superiors in the state. He died March 28, 1890, on board the steamer "Iroquois" near Charleston, S. C., while taking a trip to Florida.

Hon. Benjamin F. Junkin, the tenth presi- dent judge of this judieial distriet, was ad- mitted to this bar in August, 1844, Gaul- lagher, Graham and Todd being his eom- mittee. He had read law with Hon. Samuel Hepburn, when he removed to New-Bloom- field and became, with the younger McIn- tyre, a leader of the Perry county bar. He was elected to the Thirty-sixth Congress and in 1871 was elected president judge of the old Ninth judicial distriet, then still eom- posed of Cumberland, Perry and Juniata. He was the last of our perambulatory judges, for, under the redistribution of the district under the constitution of 1874. he ehose Perry and Juniata, and from that period eeased to preside over the courts of Cum- berland eounty.

Hon. Martin C. Herman, the eleventh pres- ident judge of the Ninth judieiał distriet, then consisting of the county of Cumber- land, was born in Cumberland county, Feb-

Edward W Biddle

CUMBERLAND COUNTY

ruary 14, 1841, and graduated from Dickin- son college in the class of 1862. He read law first with B. McIntyre & Son, of the Perry county bar, and later with William H. Miller, Esq., of Carlisle, under whom he completed his legal studies. He was ad- mitted to the bar in January, 1864. He was elceted by the Democratic party president judge of this Ninth district in 1874, serving his full term of ten years. On the expira- tion of his term, he was re-nominated but was defeated by the Republican candidate. He died after a stroke of apoplexy, in Car- lisle, on Sunday, January 19, 1896. He was of unimpeachable integrity, careful and con- scientious, and very minute and deliberate in his charges to the jury.

Hon. Wilbur F. Sadler, twelfth president judge of this district, was born in Adams county, Pennsylvania, October 14, 1840, but removed to Cumberland county with his parents when a child. He received a good academical education, rcad law with Mr. Morrison, of Williamsport, Pa., and later finished his legal studies in Carlisle, and was admitted to the bar in April, 1865. He soon acquired a large clientage, and was elected district attorney in 1871, and in 1884 presi- dent judge of the district on the Republican ticket. After the expiration of his term, he resumed the practice of law, in which he is now engaged.

Hon. Edward William Biddle, the present judge of this judicial district, a grandson upon the maternal side of David Watts of the early bar, was born in Carlisle, May 3, 1852; graduated with high standing, and as the youngest member of his class at Dickin- son in 1870, after which he read law with William M. Penrose, Esq., and was admitted to the bar in April, 1873. He immediately began to give almost exclusive attention to the study of his profession, pursued a wide range of legal studies, building up a sub- stantial practice, in which, among other things, he brought to a successful termina-

tion the settlement of the extensive Ahl estates, involving much property in this and other counties, and which was the most intricate equity litigation ever conducted in our court. In the fall of 1894 he was elected, as the nominee of the Republican party, president judge of Cumberland county, in which position he now serves. He is a mem- ber of the American and of the Pennsylvania state bar associations, and has been an active worker on the committee of law reform, and in furthering generally the purposes of the associations.

Judge Biddle was appointed a state com- missioner to the late Paris exposition, and he, with his wife, Mrs. Gertrude (Bosler) Biddle (who had also been appointed a com- missioner to the same), visited the exposition officially in 1900.

We have now brought the history of this bar down to a period which is within the recollection of the youngest member of it. Heretofore (with the exception of several who have been upon the bench) we have made no mention of the living, but only of those whose work is ended, and who have, taken their departure. For them the play is over, the curtain fallen, the audience gone, and they are alike indifferent to our praise or blame. Of the present members of the bar, we must, for obvious reasons, speak with briefer mention, leaving them for the most part to the tender mercy of some future his- torian, by whom the merits of those who are found most worthy, will, no doubt, be duly recorded.

Stewart M. Leidich .- Of late practition- ers, Stewart M. Leidich was admitted under Junkin in April, 1872. He was born at Boiling Springs, this county, read law with General Todd and practiced at the bar until his death a year ago. He was bold, original, peculiar; a good criminal lawyer, and was highly endowed as a musician.

Hugh Silas Stuart was admitted under Judge Herman, and has since died-a bright,

THE BENCH AND BAR OF PENNSYLVANIA

fresh-faced, gencrous-hearted young man who gave evidence of marked legal ability. Educated at Princeton (class 1877) and later in Roman law and jurisprudence under Professor Muirhead, at the Uni- versity of Edinburgh (Scotland), he rose rapidly in his profession and was becoming a formidable candidate for the bench when death cut short a promising career. He was, at the time of his death, associated with Samuel Hepburn, Jr.

THE PRESENT BAR.

Charles P. Addams, born at Carlisle, April 16, 1864; educated at Dickinson college, class 1884; read law with Henderson and Hays; admitted April, 1887; law clerk in office of attorney general, Henry C. McCor- mick, deceased, from January, 1895, to 1899; since January, 1899, law clerk under Attor- ney General John P. Elkin and his successor.

Jasper Alexander, born January 15, 1876; educated at Shippensburg State Normal, Dickinson School of Law, in class of 1901. Admitted to the bar the same year.

J. Edwin Barnitz, born at Carlisle, No- vember 9, 1854; educated Dickinson college in 1875; read law with A. B. Sharpe, Esq .; admitted August, 1877. District attorney, 1893-95.

Charles C. Bashore, born November 13, 1867; educated at Dickinson college and Dickinson School of Law, 1885; read law with Hon. E. W. Biddle.

Bennett Bellman, born at the family home- stead, Mt. Holly Springs; read law with A. B. Sharpe, Esq .; admitted April, 1874, and to Supreme Court three years later. Trav- cled abroad. Engaged in journalism.

Hon. F. E. Beltzhoover, born at Silver Spring township, this county, November 6, 1841; graduated with honor from Pennsyl- vania college, Gettysburg, class of 1862; read law with William H. Miller ; admitted April, 1864. District attorney, 1874-77 ; member of Forty-sixth and Forty-seventh Congress

(1878-80), and again elected to the Fifty- second and Fifty-third Congress in 1890 and 1892.

Herman Berg, Jr., born in Germany, May 14, 1866; attended Dickinson School of Law ; admitted June, 1896.

Edward Macfrunn Biddle, Jr., born Octo- ber 4, 1865; educated Dickinson college, class of 1886; read law with his cousin, Hon. E. W. Biddle; admitted November, 1888.

J. Kirk Bosler, born October 11, 1875; educated at Dickinson college, 1896; at- tended law school in 1899; admitted same date, June, 1899.

William B. Boyd, born in York county, August 31, 1871; educated two years at ' Dickinson college law school, class of 1896; read law also with Col. E. B. Watts; ad- mitted September, 1896.

Caleb S. Brinton, born August 20, 1868; educated at Dickinson School of Law, class of 1895; admitted June, 1895.

James W. Eckels, born December 8, 1858; educated at Dickinson college; read law with Samuel Hepburn, Jr., and admitted in 1884.

William Wallace Fletcher, born October 11, 1866; educated at Chambersburg acad- emy and Mercersburg college; city editor Carlisle Herald; graduated Dickinson Law School, class of 1896; admitted same year.

Duncan M. Graham, born November 20, 1855; educated at Dickinson college, class of 1873; read, law with his father, Hon. James H. Graham; admitted August, 1876. Was solicitor for Cumberland county, 1882- 83-84 ; law clerk in office of Attorney General W. W. Hensel, 1891-94.

Conrad Hambleton, born in Tennessee, September 8, 1867; educated at Dickinson seminary, class of 1888; degree of B. S .; read law with O. C. Bowers, Esq., of Cham- bersburg; admitted to this bar in 1892.

George M. Hays, born at Carlisle, Novem- ber 15, 1873: educated at Dickinson college, class of 1893; read law with his father, John

CUMBERLAND COUNTY

Hays, Esq., and was admitted September, 1895.

John Hays was educated at Dickinson col- lege in class of 1857; read law with Hon. Robert M. Henderson; admitted August, 1859. Served in the Civil war; was for years in partnership with Judge Henderson.

J. Webster Henderson, born at Carlisle, May 18, 1856; educated at Dickinson college in class of 1876; read law with John Hays, Esq .; admitted April, 1879.

J. Adair Herman, son of Hon. Martin C. Herman, born in Carlisle April 17, 1876; graduated at Dickinson college, class of 1896, Dickinson school of law 1898; admitted the same year.

T. Harry Hoffer, born at Carlisle, Novem- ber 6, 1855; graduated from Dickinson col- lege, class of 1876; read law with Hon. W. F. Sadler; admitted in 1882.

Christian P. Humrich, born at Carlisle, March 9, 1831; graduated from Dickinson college, 1852; read law with Hon. Robert M. Henderson; admitted November, 1854.

T. Ralph Jacobs, born October 17, 1874; graduated from Dickinson college, class of 1896; read law with John Hays, Esq .; ad- mitted February, 1899.

William A. Kramer, born at Carlisle, March 31, 1862: educated at Dickinson col- lege in 1883; admitted August, 1885; dis- trict attorney, 1899-1902.

Capt. John B. Landis, born August 21, 1841; educated at state normal schools; read law (after serving in the Civil War) with Henderson and Hays; admitted April, 1882.

Merkel Landis, born at Carlisle, January 5, 1875; graduated at Dickinson college in class of 1896; Dickinson School of Law in 1899; read law also with his father, Capt. John B. Landis; admitted September, 1899.

Harry M. Leidigh, born December 26, 1861; graduated from Dickinson college, class of 1883; admitted August, 1887.

Harvey J. Line, born May 13, 1875; edu-

cated at Dickinson college, 1896; School of Law in 1898; admitted June, 1898.

Hon. Fillmore Maust, born November 22, 1855; graduated at state normal. school, class of 1874; read law with William H. Sponsler, of New-Bloomfield, and admitted to Perry county bar December, 1881; to Car- lisle bar July, 1883. District attorney, 1889- 92. Member of Legislature, 1896.

Andrew G. Miller, born September 19, 1849; was graduated from the College of New Jersey (now Princeton university) in class of 1871; read law with his brother, John R. Miller; admitted in 1873. District attorney, 1886-89.

John R. Miller, born at Shippensburg, January 1, 1841; graduated from Princeton college in 1863; read law with William H. Miller, Esq .; admitted August, 1867.

Hugh R. Miller, born at Carlisle, June 27, 1875; graduated from Dickinson college, class of 1896; Dickinson School of Law, class of 1898, and admitted that year.

John M. Rhey, born at Carlisle, August 9, 1858; educated at Dickinson college, gradu- ating from Dickinson School of Law, class of 1896, and admitted in September of that year.

Arthur R. Rupley, born November 15, 1868 ; educated at public and normal schools; admitted September, 1891; district attorney in 1896-99.

Hon. Wilbur F. Sadler, born October 14, 1840. Was district attorney, 1871, and pres- ident judge, 1885-95. (See sketch.)

Frank B. Sellers, Jr., born July 24, 1876; graduated from Dickinson college, class of 1897; from Dickinson School of Law, 1899; read law also with Hon. Robert M. Hender- son ; admitted in 1899.

William J. Shearer was admitted January, 1852; was district attorney, 1853-58.

Joseph S. Shapley, born February 23, 1869; educated at Pennsylvania college, 1890, and Dickinson School of Law, 1893; admitted in 1893.

THIE BENCH AND BAR OF PENNSYLVANIA

John T. Stuart, born May 23, 1851; gradu- ated at Princeton college in class of 1874; read law with John Hays, Esq .; admitted in August, 1876. Elected district attorney, 1883.

G. Wilson Swartz, born August 27, 1864; read law with Stuart & Stuart; admitted September, 1889.

A. D. B. Smead, born at Carlisle, March 24, 1848; graduated with honors from Dick- inson college, class of 1868; entered United States army, resigned, read law with John Hays, Esq., and admitted October, 1874.

William Trickett, LL. D., born June 9, 1840, at Leicester, England; graduated from Dickinson college, 1868. In 1869-70 became adjunct professor of philosophy and English literature; 1870-71 studied in Europe; 1872-74 professor of modern languages in Dickinson college; read law with Hon. W. F. Sadler; admitted August, 1875. Received degree of LL. D. from De Pauw university, Indiana, in 1889, and in 1890 became dean of the Dickinson School of Law, then estab- lished. He is the author of numerous legal works.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 5

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