The twentieth century bench and bar of Pennsylvania, volume I, Part 51

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

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At the same time the Supreme Executive

Council also commissioned Thomas Duncan Smith, justice-clect for the town of Hun- tingdon; John Williams, justice for the dis- trict of Huntingdon township; Thomas Mc- Cune, justice-elect for the district of the township of Tyrone: and William Phillips, justice-elect for the district of the township of Woodbury. These four justices, and Rob- ert Galbraith, president, held the early courts of the county. In the persons of the last mentioned four, were combined the offices of the justice of the peace and asso- ciate judge. Theirs were emphatically jus- tice courts.

On the 20th of August, 1791, Thomas Smith was commissioned president judge of the district of which Huntingdon formed a part. He was a law judge, and presided at all important trials involving intricate legal questions.

Thomas Smith continued president judge of this district only for the short period of two years and five months. On the 31st of January, 1794, he was promoted and trans- ferred to the supreme bench, and he con- tinued to be one of the judges of the Su- preme Court until the time of his death, which occurred on the 31st day of March, 1809, fifteen years and two months after the date of his appointment as justice of the Supreme Court.

Judge Smith had been a surveyor, and had made many of the early surveys in this section of the state prior to his accession to the bench. In making these surveys he had with him, among others, one Pat Leonard, as chain-carrier or other assistant; and in camping out-eating and drinking and sleeping together-an intimacy and famil- iarity grew up between them, which Leonard could not drop when Smith put on the dig- nity which was supposed to be inherent in and inseparable from judicial robes. Leon- ard was not ashamed of his old associate in the field and civil camp, and wished every one to see and know that he had a friend in

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court. At the time referred to, the courts were held at the tavern kept by Mrs. Haines, where the court bar and the court room were separated from the other bar by poles cut and adjusted for the purpose. Mr. Leonard obtained a large bowl from the landlady and a pint of whiskey which he made into punch, and thus armed, and presuming upon the familiarity acquired as aforesaid, he ap- proached the judge, and proffering the bowl to him, said: "Here, Tom, take a blecr of this before you charge the jury." The judge, however, would not come down from his dignity, nor imbibe, however dry he may have been, but looked upon Pat's conduct as contempt of court, and ordered him sent to jail.

James Riddle .- Among the first attorneys ,who practiced in the courts of Huntingdon county was James Riddle. His name appears first upon the records in 1789. He practiced in our courts until April, 1794, when he suc- ceeded Thomas Smith on the bench. Gov- ernor Mifflin appointed and commissioned him president judge of the Fourth judicial district, in which Huntingdon county was included. He presided until the year 1804, when he was succeeded by Thomas Cooper.

Thomas Cooper .- Governor McKean ap- pointed and commissioned Thomas Cooper president judge of the Fourth judicial dis- trict, of which Huntingdon formed a part. He held his first court in November, 1804, and his last in January, 1806, holding but five termis here. In 1806 the state was re- districted, and divided into ten districts. Huntingdon continued in the Fourth dis- trict; and Judge Cooper became the presi- dent judge of the Eighth district.

Jonathan Walker made his first appear- ance in the courts of Huntingdon at April term, 1792, when he was admitted to prac- tice. After the rc-districting of the state, in 1806, which increased the number of judicial districts from five to ten, he was appointed president judge of the Fourth district, com-

posed of the counties of Mifflin, Centre, Hun- tingdon and Bedford. He continued to pre- side here for a period of twelve years, from April, 1806, till August, 1818, when he was succceded by Judge Huston.

Hon. Charles Huston was admitted to practice in Huntingdon county in August, 1796, which he continued until 1818, when he was appointed to the bench in this dis- trict by Governor Findley. Judge Huston's associates on the bench were David Stewart and Joseph McCunc. (See sketch in Centre County.)

Thomas Burnside was admitted to practice in Huntingdon county in the April term, 1804, and continued until 1826, when he was appointed president judge of this district by Governor Shulze, to succeed Judge Hus- ton, who had in the previous April been appointed a justice of the Supreme Court. (See sketch in Centre County.)

Hon. George W. Woodward once adorned the judicial bench of Huntingdon county. He succeeded the Hon. Thomas Burnside in 1841 as president judge of the Fourth judicial district, composed of the counties of Huntingdon, Mifflin, Centre, Clearfield and Clinton. He was considered one of the best judges appointed by Governor Porter. The Fourth district was at that time the largest and most burdensome one in the state, and the pending cases under Judge Burnside had accumulated to such an extent that the delay occasioned thereby amounted almost to a denial of justice. Judge Woodward held his first court in this county in April, 1841. (Sce sketch in Luzerne County.)

Abraham S. Wilson made his first appear- ance in the courts of Huntingdon county on the 13th day of August, 1822. On the 23d of March, 1842, he was appointed by Gov- ernor Porter president judge of the Twentieth judicial district, composed of the counties of Huntingdon, Mifflin aud Union. Previous to that time Huntingdon county was in the Fourth judicial district, with

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THE BENCHI AND BAR OF PENNSYLVANIA

Centre, Clearfield, Clinton and Mifflin. Judge Wilson held no regular term at Hun- tingdon in April, 1842; his first regular term was held in the then new court house in August of that year. (See sketch in Mifflin County.)

Hon. George Taylor was a native of Chester county, Pennsylvania, being born at Oxford in that county on the 24th of No- vember, 1812, to Matthew and Rebecca (Anderson) Taylor. He did not so much as learn the grammar of his own language in a sehool, nor was he in a sehool or any other institution of learning as a student after he was thirteen years of age. He was therefore truly and emphatically a self-taught and self-made man. Several years after his early youth were profitably oceupied in teaching a country school in Dublin township, and in Trough Creek valley in Huntingdon eounty. During this period he diligently availed himself of all the means of improvement within his reach; greatly increased his scanty stoek of knowledge, and in the quiet seclusion of lis rural home, unnotieed by those around him, laid the foundation of his future suecess. He eame with his parents to Dublin township, Huntingdon county, when thirteen years old. Subsequently he found employment in the office of David R. Porter, prothonotary of Huntingdon eounty. In 1834 he commeneed reading law in the offiee of General A. P. Wilson, who was then one of the most successful practitioners at the bar, and was admitted to the bar on the 12th of April, 1836. In 1840 lie assisted in the prosecution of Robert MeConahy, on trial for the murder of six of his relatives. The case was one entirely of circumstantial evi- dence, and in a clear, logical analysis of the facts he so traced the murderer through all his windings, and so fastened the evidenee of his guilt upon him, that there was no escape.

In the prosecution of the Flanigans for murder in Cambria county, he made another

three hours' speech in behalf of the com- monwealth, which was said to be as power- ful as his argument in the MeConahy ease. He had acquired an enviable reputation as a lawyer through a practice of thirteen years, and was raised to the bench in April, 1849.

When the Legislature, in 1849, passed an act changing the judicial districts of the state and increasing their number, he was recommended almost unanimously by the bar of Huntingdon and Blair counties, for the president judgeship of the Twenty-fourth distriet, composed of the eounties of Hun- tingdon, Blair and Cambria. In April, 1849, Governor Johnson conferred upon him the appointment which was unanimously con- firmed by the Senate. In 1851 Judge Taylor was unanimously nominated by the Whig party as a candidate for judge and was elected in October, 1851. After serving his term of ten years, he had so won the hearts of the members of the bar of the distriet, that without distinction of party, they asked him to be a candidate for re-election. Dur- ing the twenty-two years of his judgeship he faithfully discharged his duties, and never from sickness or any other cause failed to hold the regular terms of court in the dis- trict. He died on the 14th of November, 1871, aged fifty-eight years.

Hon. John Dean, of Hollidaysburg, suc- ceeded Judge Taylor on the bench in the Twenty-fourth judicial distriet. (A sketch of him will be found in the history of Blair County.)

John H. Orvis .- The office of additional law judge for the Twenty-fifth judicial dis- trict, of which Centre eounty formed a part, was created by the acts of the 9th of April, 1874, and the Hon. John H. Orvis, of Belle- fonte, was appointed thereto by Governor Hartranft, and in November of the same year he was elected for a term of ten years. Under the constitution, which took effeet on the 1st of January, 1874, and the Act of

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Assembly designating the several judicial districts of the commonwealth, Centre and Huntingdon became the Forty-nintli district, and Judge Orvis becanic the president judge thereof and continued such until he resigned in 1883, when Governor Pattison appointed Adamı Hoy to fill the vacancy.

Adam Hoy .- Judge Hoy's oath of office was filed at Huntingdon, December 17, 1883. His first court in Huntingdon was held in November, 1883, and his last in December, 1884. At the general election in November, 1884, he was defeated. (Sce sketch in Cen- tre County.)

Austin O. Furst received the nomination and was elected president judge of the Forty-ninth judicial district, composed of the counties of Centre and Huntingdon, to succeed Adam Hoy. (See sketch in Centre County.)

John M. Bailey, of Huntingdon, was elected in 1895 judge of the Forty-ninth district, to succeed Austin O. Furst. Judge Bailey, whose paternal ancestry was of Eng- lish, and his maternal of German descent, was born in Dillsburg, York county, Penn- sylvania, July 11, 1839. He was educated in the common schools and also attended sev- eral terms at the Tuscorora academy in Juniata county. In the spring of 1860 he entered the law office of Scott & Brown in Huntingdon, and was admitted to the bar on the 11th of August, 1862. Soon after his admission he became associated with his former preceptors under the firm name of Scott, Brown & Bailey, which relation con- tinued uninterruptedly until the election of Mr. Scott to a seat in the United States Senate in 1869, after which the business was conducted under the firm name of Brown & Bailey until 1882, when Charles G. Brown, a son of his partner, became a member of the firm, and the partnership name changed to Brown, Bailey & Brown.

Mr. Bailey was elected a delegate to the constitutional convention of 1872 and 1873,

and served on the committee of revenue, taxation and finance, commissions, offices, oaths of office and incompatibilities of office. HIe also served his townsmen in the council of the borough of Huntingdon.

John Cadwallader, if not the very first, was among the first resident lawyers in Hun- tingdon. He was admitted prior to 1789, but there is no minute of his admission, the same being destroyed with the first records of the courts of Common Plcas. He was elected one of the commissioners of the county the third year after its organization. He succeeded James Summerville, the last of the three original commissioners in 1790, and served for three years. He was again elected commissioner in 1799 and served a term of three years more. He died in 1807.

Richard Smith .- From 1795 till 1823 the people of Huntingdon were proud of this gentleman. He was the son of William Smith, D. D., the founder of the town of Huntingdon, born on the 25th of January, 1769, and made his first appearance in the courts of the county in 1795, having been admitted as a member of the bar in that year. Mr. Smith, like ex-Chief Justice Thompson, died in the court house during the trial of a suit in which he was defendant, on the 23d of October, 1823.

Robert Allison was a native of Franklin county, read law and was admitted to the Huntingdon bar in April, 1798. He located in Huntingdon and became prominent at the bar and had a large and profitable practice for thirty years. In 1824 he was chosen to represent this district in the Congress of the United States and served the full term of two years. He died on the 2d of December, 1840.

William Orbison, a prominent member of the Huntingdon bar, was born in Adams county, Pennsylvania, on the 20th of June, 1777, and resided with his family and was engaged in farming until August, 1794. At the solicitation of his uncle, James Orbison,

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Esq., of Chambersburg, he commenced read- ing law with him in 1799, and on August 6, 1801, he was admitted to the bar on the usual certificate. On the 26th of April, 1801, he was admitted to the bar of Huntingdon county, where he remained in practice until his death. Mr. Orbison was a good lawyer, entirely safe and trustworthy, and trans- acted a large share of business without much display in court.

William R. Smith was the son of William Moore Smith, and grandson of William Smith, D. D., founder of the town of Hun- tingdon. He studied law with James Milnor, of Philadelphia, and was admitted to the bar in November, 1808, and was not long in acquiring a large practice. In 1812 he became a candidate for the State Senate and was clected. In 1822 he was re-elected to fill the unexpired term of William Wallace, who resigned. In 1825 Mr. Smith was elceted to the House of Representatives at a special election, and at a general election the same year he was a candidate and de- feated.

Thomas Montgomery . came from Lan- caster, and was admitted to the Huntingdon county bar in November, 1811.

James Steel was born in Huntingdon on the 13th day of January, 1796, and was a son of General William Steel, who had been a justice of the peace and associate judge, State Senator, prothonotary, register, re- corder, etc. He entered the office of Robert Allison as a law student, and was admitted to the bar August 18, 1818. His profes- sional business was chiefly in Orphans' Court practice, in which line he had no superiors and few equals. By some means he ac- quired the title of major, and was better known by the name of "Major Steel" than by his christian name. In 1819 he was elected to the office of county auditor, and in 1827 was elected county commissioner. In 1839, the office of prothonotary having be- come elective, he was elected to that office,

and in 1842 he was re-elected, and in 1845 he was again re-elected to that office for a third term. After spending his whole life in Huntingdon, he died at his residence on the 26th of December, 1868.

Hon. George B. Orlady was born at Peters- burg, Huntingdon county, Pennsylvania, February 22, 1850. He graduated from Washington and Jefferson college in August, 1869. Ile acquired a medical education at the Jefferson college, at Philadelphia, from which institution he graduated in March, 1871. After practicing medicine at Peters- burg a short time, he commenced the study of law in the office of Steel Blair at Holli- daysburg, and was admitted to the bar of Blair county in January, 1875, and to the Huntingdon county bar March 23, 1875. In 1878 Mr. Orlady was elected district attor- ney for Huntingdon county, and was subse- quently twice re-elected for the same office. Judge Orlady continued in active practice at Huntingdon until 1895, when, by appoint- ment, he was made one of the first judges of the Superior Court of Pennsylvania, and in 1896 he was elected to the same office for a full term.

Barton McMullin, a native of Pennsyl- vania, was born at Mexico, in Cumberland, now Juniata county, in the year 1796 .. He received his education in Mifflin county, studied law in Lewistown in the office of Elias W. Hale, and was admitted to the bar at Huntingdon on the 9th of April, 1822. His name appears to many suits from 1825 to 1827. His professional career was short but brilliant. _ He died on March 20, 1828, at the age of thirty-two.

Isaac Fisher was a native of Delaware, and was admitted to the bar in that state, and after traveling and sojourning in the south for a considerable time, finally settled in Pennsylvania. He was admitted to the bar of Huntingdon county on the 11th of April, 1822, having previously been ad- mitted at York and at Lewistown. In 1842

Seo. B. Oready

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HUNTINGDON COUNTY

he removed to Huntingdon, where he was associated with Colonel Cornyn and after- wards with General John Williamson. Some years before his removal to IHuntingdon he wrote a book entitled "Charles Ball," some- what in the style of a novel or romanee, his hero being a negro slave, and the incidents narrated which he had picked up while jour- neving in the south.

James M. Bell was a native of Huntingdon county, was educated in Huntingdon, and studied law in the office of Robert Allison. IIe was admitted to the bar August, 1824; he went to Bedford, where he remained for a few months, then returned to Huntingdon, opened an office and continued to practice in the courts of IIuntingdon county until 1845 or 1846.

Mr. Bell was an able lawyer. He eould readily sce the strong and weak points of eases and scize upon them and make the most out of them, notwithstanding lis la- borious and verbose style. From 1835 till the close of his professional career, he was retained in nearly all the important cases in this county. He was appointed prose- cuting attorney for the county under Gen- eral Frederick Smith, and proved himself a careful, industrious and efficient prosecuting officer for the commonwealth.

Mr. Bell was a Whig and afterwards a Republican, and in 1838 was elected to the State Senate to fill the unexpired term of David R. Porter, who was elected governor. Mr. Bell was for many years associated with William P. Orbison in the practice of law under the firm name of Bell & Orbison. In anticipation of the erection of Blair county, Mr. Bell removed to Hollidaysburg and entered into the business of banking, making that place his permanent home. His death occurred on the 4th of June, 1870.

Alexander Gwin was born in the borough of Huntingdon on the 29th of December, 1807. Hle received a collegiate education, graduated at Dickinson college, studied law

in the office of Robert Allison in Huntingdon and was admitted to the bar on the 9th of November, 1830. In February, 1839, he was appointed prosecuting attorney for the county, an office which he filled for three years; this office he held at the August term, 1840, when he conducted the trial of Robert McConahy for the murder of the Brown family, the most exciting ease that was ever tried in the county. In 1845 he was elected to the House of Representatives. HIe voted for the division of the county and helped carry it through the Legislature. He died on the 28th of March, 1848.

James Crawford was born in West town- ship, Huntingdon county, in February, 1809, on a farm owned and occupied by his father, John Crawford. Ile graduated at Jefferson college, Cannonsburg, with seeond honor, read law and was admitted to the bar of Huntingdon county on the 14th of January, 1823, and soon afterwards located at Ilol- lidaysburg and entered upon a successful eareer of practice. He was Hollidaysburg's first lawyer and lived long enough to see it become a thriving town, but not long enough to see it beeome the seat of justice with courts of its own. Mr. Crawford was a Democrat and in 1835 was a candidate for the Legislature, but was defeated. In 1836 he was a candidate and clected. As a mem- ber of the Legislature, Mr. Crawford was attentive and industrious, always at his post, voting, but he was not a talking member. HIe died February 18, 1840.

Samuel S. Wharton was born in Mifflin county in 1806. He was the son of Henry Wharton, a respectable fariner, who lived to a remarkable age and died in 1873. Mr. Wharton was educated in Huntingdon and afterwards read law in the office of James M. Bell, and was admitted to the bar of IIuntingdon county on the 13th day of April, 1831. He was afterwards admitted to the counties of Mifflin and Blair. His attention was chiefly given to politics and

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THE BENCH AND BAR OF PENNSYLVANIA

he spent much of his time in the pursuit of office, in which he finally became successful. In 1852 he was elected to the Legislature on the Whig ticket and in 1860 was elected to the State Senate. He died at Huntingdon in the summer of 1862.

John Reed was born in Mifflin county, Pennsylvania, on the 22d of June, 1793, and removed with his parents to Huntingdon county when yet a child. After reaching maturity, he followed the occupation of school teacher, millwright, etc., until 1836, when he was appointed register and recorder and clerk of the Orphans' Court, succeeding David R. Porter. In 1839, after the inaugu- ration of Governor Porter, Mr. Reed was superseded by the appointment of Thomas P. Campbell, but at the general election in the fall of 1839 Mr. Reed was elected over Mr. Campbell, the office having become clec- tive. In 1842 Mr. Reed was re-elected, and at the end of his second term commenced the study of law in the office of David Blair and was admitted to practice on the 17th day of April. 1848, and at once entered upon a remunerative Orphans' Court practice. In 1840 Mr. Reed was elected on the Whig electoral ticket of Pennsylvania, and cast his vote for president and vice-president of the United States. He died at the residence of his son, William D. Reed, March 26, 1868.

Gen. Andrew Porter Wilson was born two miles from Roxbury, in Lurgan township, Franklin county, Pennsylvania, on the 13th of June, 1806. He was the son of Charles and Sarah Wilson. Tradition says that he was born on the same farm upon which James Buchanan was born and bred. He received such education as his county af- forded him, and was then sent to Jefferson college, Cannonsburg, where he graduated with honor. He afterwards entered the law office of his uncle, Gen. George B. Porter, in Lancaster, Pa., and began the study of the law. He went to Litchfield, Conn., and

entered the law school there in June, 1825, at which time he was in his nineteenth year. In April, 1826, he was admitted in the Superior Courts of Connecticut. He re- turned to Lancaster and in a short time was appointed deputy attorney general for Hun- tingdon county. He then came to Hunting- don with his commission in his pocket, and was on motion of Moses McLean admitted to practice in the several courts of the connty on the 16th of April, 1828, from which time his residence there dates. He was nominated for the Assembly in 1837, but failed of elec- tion. In 1840 he was nominated for Con- gress, and failed, and in 1846 he was again nominated for Congress but again failed, and gave it up. He died on the 28th of February, 1871.

Hon. Alexander King was born at "Shy Beaver" in this county about the year 1805. He acquired his legal education in the office of Robert Allison, in Huntingdon, and was admitted to practice on the 11th of Novem- ber, 1828. He afterwards removed to Bed- ford and became a leading attorney of that place. He was chosen for the State Senate in 1847, to represent the district composed of Huntingdon, Bedford and Blair counties. Upon the death of Judge Nill, of Chambers- burg, in 1863, Mr. King was appointed presi- dent judge of the Sixteenth judicial district. by Governor Curtin, and was later elected for a terin of ten years. He was a peer among the Common Pleas judges of the state. He died in Bedford, January 10, 1871.

John P. Anderson was the son of A. A. Anderson, a prominent member of the Miff- lin county bar. He was born at Lewistown, Pa., January 26, 1818. He studied law in IInntingdon with J. G. Miles, and was ad- mitted to the bar March 9, 1838. He died February 10, 1862.

Mordecai B. Massey was born in Hunting- don connty, October 18. 1835. He graduated from the Jefferson college in Washington county, where he was admitted after study-

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ing some time with Montgomery & Gibson, and November 14, 1864, he was admitted in Huntingdon county. Mr. Massey died in Huntingdon, March 13, 1877.

David Blair was born in Dublin township, Iluntingdon county, in January, 1813; he was educated at Washington college in . County academy under Rev. Stephen Boyer Washington, Pa., where he studied law with Messrs. Lec & Atchison and was admitted to the bar in June, 1836, and in August of the same year was admitted to the IIunting- don county bar, where he practiced until his death, June 25, 1885. In 1846 he was a mem- ber of the House of Representatives, and later was re-elected.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 51

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