The twentieth century bench and bar of Pennsylvania, volume I, Part 50

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

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He is interested in oil and gas industries and is the owner of oil and gas producing lands and leases.

In 1889 Mr. Osborne married, at Franklin, Miss Stella Mitchell, a daughter of Hon. F. W. Mitchell, a prominent citizen of Frank- lin. They have one child, Geraldine.

Samuel Plumer McCalmont, nestor of the Venango bar, was born in Sugarcreek town- ship, a mile up the Allegheny river from Franklin, on September 12, 1823. Like many eminent Americans, he spent his early years on a farm, toiling to help keep the wolf from the door. There he learned the lessons of industry and self-reliance that have done him good service all through his career. Poverty may be a hard lot, but it brings out strong, aggressive natures. John MeCalmont, his father-born on September 7, 1788; died on August 27, 1877-came with his parents from Centre county to Venango in 1803, served as county commissioner in

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1814 and as county treasurer in 1816-18, and was always active in business and politics. Mary II. Plumer, the mother, was born in Allegheny county on January 20, 1799, mar- ried John McCalmont on July 18, 1818, and died on September 3, 1848. The daughter of Samuel Plumer, ancestor of not a few who became prominent in Pennsylvania and else- where, from him she inherited much of the mental vigor and force of character trans- mitted to her son. Samuel Plumer, born in Massachusetts in 1772, was a lineal descend- ant of Francis Plumer, who settled in New England in 1635 and had for neighbors some of the Pilgrim Fathers. The paternal grand- father, also named John McCalmont, born in the town of Loch Neagh, County of Armagh, Ireland, January 11, 1750, of Scotch-Irish parentage, migrated to America in 1766. He fought with the patriot army through the Revolutionary war, was with Washington the terrible winter at Valley Forge, cap- tured his half-brother at the battle of Ger- mantown, married to Elizabeth Conrad in Philadelphia and in 1803 removed to Ve- nango county.

The family bore its share of the privations incident to pioneer life, often an excellent discipline. Sprung from such stock and reared amid such surroundings, young Sam- uel P. soon manifested the sturdy traits his training and environment were so well adapted to develop. Courage, energy and independence were his rich possession. "The boy is father to the man," and at twelve he filled a man's place on the farm, plowing, harvesting and attending to the cattle. Op- portunities for education were slight and be- yond reach of the average settler. Eight months supplemented the ambitious lad's modest course in "the three R's" at the local school, with its plentiful lack of com- forts and advantages. Happily his father's small library contained Shakespeare, Robert Burns and other standard works, which the youthful student devoured eagerly. Careful

reading and kcen observation sharpened his intellect, giving him the practical knowledge not to be found in text books. Evenings and nights he devoted largely to Latin and the branches needful for the profession he expected one day to adopt. At eighteen he made his first contract, furnishing and driv- ing his yoke of oxen to haul timbers for coal boats to Smith's Ferry, at the foot of Fourth street. From that time to the pres- ent Samuel Plumer McCalmont has gone for- ward steadily, never idling, never dissipat- ing, but ever at his post, setting an example of wise application worthy of the highest praise.

In November, 1845, he entered the law of- fice of Gen. Edward Wilson, a distinguished Franklin attorney, as a student. Two years later he passed the examinations with great credit, and in November of 1847 was ad- mitted to the bar. The discovery of gold at- tracted him to California in the spring of 1850. He went the long journey overland, remained three years and returned by the isthmus of Panama and the Mississippi river. Franklin has been his home con- stantly since his memorable experience of the trip to the Pacific coast. He quickly gained practice and reputation as a lawyer. With Thompson Allison he formed a part- nership in 1854, which continued until 1857, under the title of Allison & Mc- Calmont. The firm of McCalmont & Os- borne, established in 1864, with James W. Osborne as junior member, enjoyed thirty years of exceptional prosperity. The ad- vent of petroleum brought the partners an immense business. Both were earnest, cap- able and thoroughly trustworthy. They con- ducted hundreds of important cases to a suc- cessful issue. Mr. McCalmont purchased lands, engaged in oil operations extensively, and acquired a large fortune. Mr. Osborne, after twenty years of lucrative business. withdrew in 1884 to take up his residence at Kalamazoo, Mich., where he still lives. Bry-

S. P. M CALMONT.

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an HI. Osborne joined the firm in 1881, and John O. MeCalmont in 1887. It dissolved finally in 1894, each of the three partners re- taining his office in the old quarters on Thir- teenth street to attend to his individual duties. Throughout the entire oil regions this notable firm had no superior in legal ability and achievement.

A man of Mr. McCalmont's positive con- vietions eould hardly keep out of polities. The drunken eampaign of 1840 impelled him to part company with the Whigs, his boy- hood's choice. The repeal of the Missouri compromise in 1854 disgusting him with the Democracy. He organized the "People's Party" in Venango county, which sent him to the state Legislature of 1855. A delegate to the Pittsburgh convention which gave it birth in 1856, he was one of the founders of the Republican party. The Republicans rec- ognized his sterling merit by re-electing him twiec to the Legislature, in 1856-57. He served his three terms with signal honor to himself and his constituents, supporting by voice and vote measures he knew to be right, and opposing steadfastly every form of job- bery or corruption. Taking orders from no boss, he neither truckled for favors, eringed for patronage nor sought to "erook the preg- nant hinges of the knee where thrift may fol- low fauning." Public interests did not suf- fer from neglect or betrayal at his hands. After sixteen years of zealous endeavor in its behalf, he left the Republican party in 1872 because of his advanced views on temper- ance. Sinee 1873 he has been an ardent, uncompromising Prohibitionist, doing his ut- most to abolish the liquor traffic, root and braneh. To further the Prohibition cause, of which he was for years the vigilant leader in this section, he started and for three years owned and edited The Independent Press, a trenchant, outspoken weekly news- paper. He wrote the editorials, which bris- tled with sharp, mereiless, unsparing excori- ations of the run-power, its siders and

abettors. Horace Greeley in the best days of the New York Tribune did no better, stronger work against a monstrous evil. Im- paired health and multiplied cares led him to sell the paper in 1879, without, however, re- laxing his tireless advocacy of the movement dear to his heart. Although younger men hold the helm, the veteran marches in the ranks and is an influential faetor in shaping the Prohibition policy in the eounty and commonwealth.

Legal and political affairs were not per- mitted to absorb his sole attention. Hc owned and operated a coal mine at Maple Grove, Raymilton, drilled oil wells by whole battalions, engaged in refining, managed a dozen farms, and was director of the First National Bank, the Franklin Gas Company, the Allegheny Bridge Company, and The Franklin Eleetrie Company, besides invest- ing heavily in western properties. To some of these enterprises he still gives personal direction. His professional and business sueeess must be attributed in no small degree to his wonderful eapaeity for solid work. Despite their number and variety, he never fell behind his manifold tasks, so great is his executive talent. Perhaps he enjoyed the pursuit of an object more than its attain- ment. His elients' interest he made his own. His opinions stood the test invariably. Prompt, competent service was the trade- mark of his firin. Before the court or jury his argument went straight to the point, with no eheap rhetoric to weaken their resistless logic. Alike in law and private dealings he fulfilled his obligations to the letter, de- manding similar treatment in return. For the trifler, the schemer, the meddler and the tale-bearer he had no use at any time or place. Sixty years of ceaseless activity prove him to be a typical American, plucky, per- sistent and invineible.

On April 13, 1859, Mr. Calmont was mar- ried to Harriet Osborne, daughter of Platt Smith Osborne, of Sherman, Chautauqua

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THIE BENCH AND BAR OF PENNSYLVANIA

county, N. Y. She, too, is descended from old Revolutionary stock. Mrs. McCalmont has been an ideal helpmeet, a faithful wife and devoted mother. Seven children blessed the happy union: Mary, Samuel Plumer, Jolın Osborne, Harriet, James Donald, Con- stance Plumer and David Burrett. The eld- est, Mary, a bright and beautiful girl, died on August 13, 1880, in the bloom of young maidenhood. Samuel P. is a physician at Cooperstown. John O. and David B. are practicing attorneys at Franklin. Harriet, wife of Dr. W. A. Stone, a leading physician, also studied medicine. Constance P. mar- ried H. S. Humphrey, a rising manufacturer, and the two sisters live in Kalamazoo, Mich. James Donald is a large oil producer. with numerous wells in different townships below Franklin. The fond husband and father educated his sons and daughters at the high- est colleges and universities in the United States. He prefers his home and family to any club, secret order or society, to none of which he belongs. A total abstainer from alcohol and tobacco, for him the saloon and the cigar store has no charm. His tastes are simple and his habits regular. He finds his chief enjoyment in the domestic circle and the activities of business, caring less for ap- pearances than for real comfort. Hypocrisy and vain pretence have no place in his make- up. Everybody is not his confidant, for he can trust his own judgment. He matures his plans quietly and values his friends. At the goodly age of seventy-eight his brain is clear, his memory is retentive and he is a familiar figure upon the streets. Among the men of work who have impressed the community deeply, Venango county has witnessed no more striking, forceful personality than Sam- uel Plumer McCalmont.

James Denton Hancock, of Franklin, is a native of the Wyoming Valley, Pa., born June 9, 1837, to James and Mary (Perkins) Hancock, his father being a prosperous farmer. His maternal grandfather, who emi-

grated at an early day from Connecticut, was one of the pioneer settlers of the Wyom- ing Valley, and was one of the victims of the Wyoming massacre. His paternal grand- father was from the eastern shore of Vir- ginia.

James, in early life, had the usual experi- ences of the sturdy farmer boy, working on his father's farm and attending the district school. After finishing his preliminary stud- ies he attended Wyoming seminary prepara- tory to entering college, and then pursued a course of study at Kenyon college, Gambier, Ohio, and was graduated with the degree of master of arts in 1859. In 1901 his alma mater conferred on him the degree of LL. D.

Young Hancock studied law in the office and under the direction of Mr. William Bakewell, at Pittsburgh, and there, in 1861, was admitted to the bar, and for four years carried on his practice. In 1865 he removed to Franklin, where he soon became well es- tablished in his profession, and where he conducted an extensive general practice some twenty-two years. In 1887 Mr. Han- cock became general solicitor of the Western New York & Pennsylvania Railroad com- pany, but resigned the position at the end of three years. Mr. Hancock was for a short time associated in his practice with Mr. D. A. Hays, and later with Mr. R. F. Glen. He carried on a large general practice for many years, and both as an office counsellor and an advocate before court and jury, ranked among the foremost lawyers of his county.

Since 1890, when Mr. Hancock gave up his position with the railroad company, though he has maintained an office, he has engaged in practice only to a limited extent, but de- voted his energies to economics and literary work. He is a member of the Economic Association, an honorary member of the Cob- den club, of England, a member of the Re- form club, of New York, and a life member of the Civil Service Reform association, of Pennsylvania.

James Denton Hancock

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VENANGO COUNTY

Mr. Hancock, aside from his professional work, has been, and is, eminently a man of affairs, and prominently identified with many important business enterprises. He is a stockholder and director in the Pittsburgh, Youngstown, Ashtabula Railroad company, and also a stockholder of the Exchange Bank of Franklin, of which he was formerly a director, but resigned. He is largely inter- ested in the oil fields, and owns several hun- dred acres of oil-producing land.

As a mark of their appreciation of his services and influence in negotiating for and securing a lease for a railroad, the Seneca Nation of Indiana, in 1883, adopted Mr. Han- cock as a member of their tribe.

Mr. Hancock served fifteen years as a trus- tee of the State Hospital for the Insane, at Warren, and is a member and has been first vice-president of the Sons of the American Revolution.

He has been somewhat active in the coun- cils and affairs of the Democratic party, and was candidate for congressman from the Twenty-seventh district, in 1892; two years later was a candidate for congressman-at- large from the state. In 1896 he was nom- inated as one o the Democratic electors at large, declining the position after Mr. Bryan's nomination for the presidency. He served as a delegate to the Indianapolis con- vention which nominated Palmer and Buck- ner. Mr. Hancock has been twice married : first in 1865, to Miss Ella C. Hitchcock. Mrs. Hancock died in 1871, and in 1873 he mar- ried her sister, Miss Mary K. Hitchcock. Of five children born to him, two sons are de- ceased, and one son and two daughters are living. The surviving son is now a practic- ing attorney of Buffalo, N. Y.

John Osborne McCalmont, Franklin, Pa .- The subject of this sketch has achieved a de- gree of success and attained to a position in his profession that justly entitles him to be ranked with the leading lawyers of Venango county.

He is a native of Franklin and was born on January 28, 1864, and is a son of Samuel Plummer and Harriet (Osborne) McCal- mont, his father being a prominent lawyer of Franklin, and whose sketch appears else- where in this work.

His, great-grandfather, John McCalmont, immigrated from Loch Leagh, Ireland, to Pennsylvania, and was a soldier in the Revo- lutionary war. His grandfather, also named John, settled in Venango county about 1803. Our subject's maternal grandfather, Platt Osborne, lived many years and died at Sher- man, in Chautauqua county, N. Y.

John passed his boyhood in his native place and attended the public schools, and after finishing his preparatory studies entered Yale university, where he was graduated with the class of 1884.

He pursued his law studies in the law office of Messrs. McCalmont and Osborne, at Franklin, Pa., and in April, 1887, was there admitted to the bar. At once beginning his practice, he continued it in Franklin some seven years, till September 24, 1894, when he removed to Oil City, Pa. There he was associated in practice with Mr. J. Mc- Sweeney, under the firm name of McCalmont & McSweeney, until March, 1896, after which, from September, 1896, to January 1, 1898, he was in partnership with Mr. J. M. McGill under the firm name of MeCalmont & McGill. Returning to Franklin, he then resumed his professional work, to which he has given his undivided attention, devoting himself to a general civil practice, and is now a member of the firm of MeCalmont & Osborne.

Mr. McCalmont was for several years a director of the First National Bank, of Franklin.

On June 20, 1889, Mr. McCalinont mar- ried Miss Virginia Simpson, of Wheeling, W. Va., who died December 23, 1892, at El Paso, Tex.

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James H. Osmer ranks among the leading lawyers of Pennsylvania. He is a native of England, being a son of Reuben and Cather- ine (Gilbert) Osmer, and was born January 22, 1833. The family settled in Pennsylvania while James was an infant, and resided at Harrisburg for a time, thence removing to Centre eounty, where they settled upon a farm. The father died in 1865 and the mother in 1863.

James' early cdueational advantages were meager, he being obliged to work to assist in the support of the family, but, being am- bitious and eager to learn, he invested what- ever means he eould acquire in books, which he studied after finishing his day's work, and thus obtained a knowledge of the com- mon English studies. At about eighteen years of age he entered Bellefonte academy, and later taught school in the neighborhood, and thus acquired the means to defray the expense of an education.

He thus alternately taught and studied at Mount Pleasant eollege, Pine Grove academy, and Diekinson seminary.

Having decided to fit himself for the legal profession, young Osmer, in June, 1856, be- came a student in the law office of Messrs. Robertson & Fassett, at Elmira, N. Y., and while pursuing his legal studies was prinei- pal of one of the eity schools.

In 1858 Mr. Osmer was admitted to the bar of the state of New York. He remained at Elmira, where he practiced his profession until the spring of 1865, when he settled at Franklin, his present home. In August of the same year he was admitted to the bar in Venango county, and soon achieved a con- spieuous plaee, and gained a large practiec in the courts of his district. His praetiee has embraced important and noteworthy cases in all branches of the law, and has taken him into all the state and federal eourts. Mr. Osmer is universally recognized as a skilful practitioner, thoroughly versed

in the principles of legal science, and as hav- ing a well trained logieal and judicial mind. Before court or jury his arguments are forec- ful, eloquent and convincing, and in legal contests he is recognized by his professional associates as a dangerous foe, but withal fair to his opponents and a detester of pettifog- ging. Few important eases have come be- fore the courts of Venango county in the last twenty-five years with which Mr. Osmer has not been connected.

While in New York Mr. Osmer was asso- ciated in practice with Mr. Samuel C. Taber. After settling in Franklin, he was two years a partner with Mr. W. C. Rheem, then in partnership with Mr. W. H. James, late of Philadelphia, now deceased. He was after- wards associated with Mr. W. W. Dale, now of Denver, Colo., and later with Mr. L. R. Freeman, now of Warren, Pa. At the pres- ent time, 1903, he has associated with him- self his two sons, Archibald R. and Newton F., under the firm name of J. H. Osmer & Sons. The elder son was six years prosecut- ing attorney for Venango county.

In polities Mr. Osmer was originally an Abolitionist, but afterwards beeame a Re- publican. He was chosen a delegate to the Republican national convention in 1876, but severe illness prevented his serving. In the fall of 1878 he was elected to Congress, where he served on the committees on Edu- eation and Labor. He has served as a dele- gate to the Republican state conventions both of New York and Pennsylvania.

Mr. Osmer is interested in numerous busi- ness enterprises. He has had interests in oil wells for many years. He has many years been an active member of the Masonie fra- ternity and is one of the most respected eiti- zens of Venango county.

In June, 1859, Mr. Osmer married Miss Mary J. Griggs, of Steuben county, N. Y. Of four children born to them, two sons, hereinbefore mentioned. survive.

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HUNTINGDON COUNTY

TAKEN FROM THE PUBLICATION OF THEODORE H. CREMER, DECEASED

Huntingdon, the eighteenth county of Pennsylvania, was organized the 20th of September, 1787, formed from a part of Bedford. The latter had been formed from a part of Cumberland, March 9, 1771. "Mother Cumberland" had been formed twenty-one years earlier out of a part of Lancaster, in 1750. Franklin county had been formed out of part of Cumberland, in 1784, antedating Huntingdon three years. The town of Huntingdon had been laid out in 1767, while it was yet in Cumberland county. William Smith, D. D., an Episcopal clergyman, was its founder, who named it after the Countess of Huntingdon, a pious lady who had made a liberal donation to the University of Pennsylvania, of which Dr. Smith was provost, while he was on a tour of England soliciting aid for that institu- tion.

The law erecting the county, in 1787, named the town of Huntingdon as the seat of justice and the county was named after the town. As there was no court house at that time, the courts werc directed to be held at the house of one Ludwig Sell. The precise date when the first court house was erected was not known to the writer, but it must have been many years after the organization of the county; for in January, 1798, the court adjourned to meet at the house of Alexander Dean. This gentleman kept a public house, an inn or tavern, as places of entertainment were then called; the name of "hotel" was not used at that time in this part of the country. There were then two bars in the same building, separated by nothing but a partition of boards; and

many of the old attorneys maintained a good practice at both bars, while the old constable and outsiders practiced at only one; but they did it well. And yet, some old fogies contend that they made lawyers of gentlemen, and wonder when the reverse will come to pass when gentlemen will be made of lawyers. Truthful persons who surveyed the era used to say that it was a no uncommon occurrence in those days for courts to adjourn to the taverns, and that judges, lawyers and jurors often indulged to excess. But there seemed to be at least one marked difference in the result than now. Then they drank and became drunk; quit and got sober (?) ; now they drink and burn out, or drink on and get crazy. Whether the difference is in the beverage, or in the constitution of man, we will not undertake to determine.

A court house was, however, built in the middle of Smith street between Allegheny and Hill streets. That old court house, could its now demolished walls have spoken, might have told many a sad story of rascality brought to justice, and perhaps of many a denial of justice by the unyielding rules of law. On its bench sat a Smith, a Riddle, a Walker, a Burnside, a Woodward, and be- sides some of the judges of the supreme bench while holding circuit court, all of whom no doubt tried to hold scales of jus- tice with equal balance, and in the main, succeeded well.

In August, 1842, the first court was held in the second court house, the records hav- ing been removed to it shortly previous to that date.

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The counties of Bedford, Franklin and Huntingdon, having then been recently made out of parts of Cumberland, and Cum- berland itself out of Lancaster, the lawyers following up the courts in the new coun- ties; and hence we have as the first prac- ticing attorney in Huntingdon, Charles Smith, of Lancaster; James Hamilton, Thomas Duncan and David Watts, of Car- lisle; Jared Ingersoll, attorney general, and others from Philadelphia, and a little later, James Riddle, James Orbison and others from Chambersburg.

The first prothonotary was Lazarus Mc- Lane, of Franklin county, who was also clerk of the Criminal Courts, commissioned by the Supreme Executive Council on the 25th of September, 1787; Andrew Hender- son, of Chester county, was appointed and commissioned the first recorder of deeds, and the first register of the probate of wills on the 29th of September, 1787. Benjamin Elliott was the first sheriff, commissioned under the hand of his excellency, Benjamin Franklin, president of the council and seal of the state the 22d of October, 1787. Sam- uel Hampson was commissioned coroner on the same day. The first county commission- ers were David Stewart, John Dean and James Summerville; and David McMurtrie was the first county treasurer.

The first courts in the county were held by justices of the peace. On the 23d day of November, 1787, Robert Galbraith was commissioned "President of the County Court of Common Pleas, the Orphans' Court and the General Quarter Sessions of the Peace and Jail Delivery in and for the County of Huntingdon," giving unto him "full power and authority to execute and perform all the several acts and things to the said office belonging." Judge Galbraith, however, was not learned in the law. He was a justice of the peace and a surveyor, as is fully attested by the early record.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 50

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