USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 55
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1
W. M. Mahan was born in Indiana county in 1870; he read law with Hon. G. W. Hood, and was admitted to the bar November 14, 1895, and was elected and served one term as district attorney for the county. He was captain Company F, Fifth Regiment Penn- sylvania Volunteers, Spanish-American war.
W. Lowrey Hutchison read law with S. J. Telford, and was admitted to the bar No- vember 14, 1895.
William F. Elkin was born in Indiana county, read law with his brother, Hon. John P. Elkin, and was admitted to the bar Feb- ruary 5, 1896. He is acting solicitor for sheriff of the county.
Boyd R. Ewing was born in Indiana coun- ty; read law with S. J. Telford, and was ad- mitted to the bar July 6, 1896.
George Feit was born in Indiana county ; he read law with Jack & Taylor, and was ad- mitted July 6, 1896. He was elected and is now serving as district attorney of the coun- ty, and is junior member of the law firm of Peeler & Feit. IIe was lieutenant of Com- pany F, ifth Regiment Pennsylvania Vol- unteers, Spanish-American war.
David Blair was born at Indiana in 1872; he is a graduate of Princeton; read law with his father, John P. Blair, and was admitted January 15, 1898.
William Banks was born at Indiana in 1874; he read law with his father, John M. Banks, and was admitted to the bar January 15, 1898.
Harry W. Fee was born in Indiana coun- ty, read law with D. H. Tomb, and was ad- mitted January 15, 1898.
Ernest Stewart was born at Indiana in 1875; he graduated at Princeton, read law with J. N. Banks, and was admitted June 14, 1898. He is now junior member of the firm of Telford & Stewart.
Charles H. Moore was admitted a mem- ber of the bar February 5, 1900.
Alex S. Mabin, born in Indiana county, read law with Samuel Cunningham, and ad- mitted July 6, 1896 ; removed to Pittsburgh, and commenced the practice of his profes- sion.
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ROLL OF ATTORNEYS NOW IN ACTIVE PRACTICE :
S. A. Douglass, John M. Leech, E. Walker Smith, John P. Blair, John T. Stuchul, R. M. Wilson, Coulter Wiggins, John A. Scott, El- der Peelor, J. N. Banks, John H. Pierce, John S. Fisher, Samuel Cunningham, John P. Elkin, W. M. Mahan, M. C. Watson, John T. Bell, W. F. Elkin, John H. Hill, John L.
Getty, George J. Feit, Thomas Sutton, D. H. Tomb, David Blair, D. B. Taylor, J. N. Lang- ham, William Banks, S. M. Jack, Frank Keener, Harry W. Fee, W. L. Stewart, J. Wood Clark, Ernest Stewart, S. J. Telford, John S. Taylor, C. H. Moore.
WAYNE COUNTY
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WAYNE COUNTY
BY R. M. STOCKER
The courts of Wayne county were organ- ized under the constitution of 1790 and the judiciary act of April 13, 1791. The act di- vided the state into five districts or circuits, and the counties of Berks, Northampton, Luzerne and Northumberland formed the third circuit. The governor was required to appoint "a person of integrity, skilled in the laws," as president judge in each dis- triet or circuit, and a number of other per- sons, not fewer than three nor more than four, as judges in and for each county. These judges were empowered to hold courts of common pleas, oyer and terminer and gen- eral jail delivery, orphan's courts and quar- ter sessions.
The act of March 21, 1798, erecting the county of Wayne out of a part of Northamp- ton, placed the county in the Third Judicial district, of which the Hon. Jacob Rush was president judge. He never sat is Wayne county, but for eight years the courts of Wayne were held by the associate judges.
The first court in Wayne county was held at the house of George Bowhanan, in Milford, September 10, 1798, before Samuel Preston, John Ryerson, Samuel C. Seely and John Biddis, Esquires, justices of the said court. John Brodhead was prothonotary and clerk of the several courts and Jabez Rockwell was appointed "Cryer of the Court." No venire having been issued there was no jury. Four attorneys were admitted to the bar, fourteen tavern licenses were granted and commis- sioners were appointed to set off six town- ships comprising all of what is now known as Wayne county and a portion of Pike.
The judges were not learned in the law,
but being men of fair judgment, they were able to dispose of most of the matters that came before them.
By act of February 24, 1806, the state was divided into ten judicial districts: Berks, Northampton and Wayne forming the Third. March 1, 1806, Governor McKean commis- sioned Hon. John Spayd president judge of the Third district. He presided until Decem- ber term, 1808. Hon. Robert Porter suc- ceeded him July 6, 1809, and presided until 1812, being succeeded by Hon. John B. Gib- son, who presided over the courts of Brad- ford, Tioga, Susquehanna and Wayne coun- ties, which had been erected into the Eleventh district. Judge Gibson presided until June 27, 1816, when he resigned, and was commissioned by Governor Snyder a jus- tice of the supreme court. Hon. Thomas Burnside was appointed presiding judge in 1816 and presided over the courts of Wayne until he resigned in 1818. In 1818 Susque- hanna, Bradford and Tioga were erceted into the Thirteenth district ; and Luzerne, Wayne and Pike constituted the Eleventh district. July 7, 1818, IIon. David Scott was commis- sioned president judge of the Eleventh dis- triet by Governor Findlay. He presided for twenty years, until 1838, when Hon. William Jessup was appointed to succeed him. Judge Jessup presided over the Eleventh district until 1849. In 1843 the county seat was re- moved from Bethany to Honesdale. By act of April 5, 1849, Wayne, Pike, Monroe and Carbon were erected into the Twenty-second district and Hon. Nathaniel B. Eldred was commissioned presiding judge, and after the constitutional amendment of 1850, making
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THE BENCH AND BAR OF PENNSYLVANIA
the judiciary clective, Judge Eldred was chosen president judge of the Twenty-sec- ond district for ten years. In 1853 lie re- signed to accept a naval appointment in Philadelphia. Judge J. M. Porter succeeded him and resigned in 1855.
Hon. George R. Barret, of Clearfield county, by appointments and elections, pre- sided over the district until 1870, when Hon. Samuel S. Dreher, of Stroudsburg succeeded him and presided until 1873, when, under the new constitution, Wayne and Pike counties constituted the Twenty-second district.
Hon. Charles P. Waller was elected and commissioned presiding judge the first Mon- day of January, 1875. He presided until his death, August 18, 1882. August 28, 1882, Hon. Henry M. Seely was appointed to suc- ceed Judge Waller, and being elected, he was commissioner for the full term the first Mon- day of January, 1884. Hon: George S. Purdy was elected and commissioned for the full term the first Monday of January, 1894. By act of 18th of July, 1901, Wayne county con- stitutes the Twenty-second Judicial district, whose courts are to be presided over by one judge learned in the law, and after the ex- piration of Judge Hill's term as associate judge, that office will become vacant in Wayne county.
Of the judges learned in the law who have presided over the courts of Wayne county, John B. Gibson and Thomas Burnside be- came prominent justices of the supreme court. Jacob Rush, John Spayd and Robert Porter were non-residents. David Scott was a resident of Wilkes-Barre, Luzerne county. William Jessup was a resident of Montrose, Susquehanna county. George R. Barrett was a resident of Clearfield, Pa. James M. Por- ter was a resident of Easton, Pa. Thomas S. Bell was a resident of Chester, Pa. He only held the position for a few months by appointment. Samuel S. Dreher was a resi- dent of Stroudsburg, Pa. The other four judges, Nathaniel B. Eldred, Charles P. Wal-
ler, Henry M. Seely and George S. Purdy, were Wayne county men. These men have all left a record for candor, fairness and judi- cial ability which is seldom or never ques- tioned. The non-resident judges will be more properly sketched in the localities where they resided.
Hon. Nathaniel B. Eldred was born in Or- ange county, N. Y., January 12, 1795. He obtained his education from the schools of the locality where he was born, supple- mented by a careful reading of such books as fell into his hands. Hc read law at Milford. then the county seat of Wayne county, under the direction of Dan Dimmick and Edward Mott, and was admitted to the bar January 27, 1817. In 1818 he removed to Bethany, where he resided for most of the time until his death, January 27, 1867. He was four times a member of the state legislature; in 1844 presidential elector for J. K. Polk, and four years in the custom house at Philadel- phia under President Pierce. For about twenty years he practiced law, and for about the same time he was a presiding judge. Governor Wolf appointed him judge of the Eighteenth district, composed of Mckean, Warren and Jefferson, in 1835. In 1839 Governor Porter commissioned him judge of the Sixth district, composed of Erie, Craw- ford and Venango counties. In 1843 he was appointed judge of the Twelfth district, com- posed of Dauphin, Lebanon and Schuylkill counties. In 1849 Wayne, Pike, Monroe and Carbon were erected into the Twenty-second district and at the instance of Judge Eldred, who desired to return to his old home in Bethany, he was commissioned presiding judge of this district and in 1851 he was clected under the new constitution, which position he resigned in 1853, to accept the office tendered him by President Pierce. Judge Eldred had a large amount of native good sense and was popular with the peo- ple and the politicians. He was not a mnan of great legal attainments, but his sense of
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justice was keen, responding instinetively to all questions respeeting right and equity, so that after listening to the argument of counsel he usually gave opinions with such fairness that he was seldom reversed by the supreme court. While presiding at Harris- burg a man was arrested for knoeking a man down for using insulting langnage to his wife on the streets of that eity. Eldred's charge was substantially as follows: "Gen- ' tlemen of the jury, the defendant is indieted for an assault and battery on the prosecutor. You have learned from the evidence the eharaeter of the offense. In law, any rude, angry or violent touching of the person is an assault and battery, and is not justified by any provocation in words only. But if I was walking with my wife and a rowdy insulted her, I'd knock him down if I was big enough. Swear a eonstable." The verdict can easily be conjectured.
Hon. Charles P. Waller was born at Wilkes-Barre, August 7, 1819. He was two years in Williams college and three years teaching at Bloomsburg, Pa. He read law with Judge Collins at Wilkes-Barre and was admitted to the bar in 1843. He located in Honesdale in 1844 and rapidly rose to the front rank in competition with such lawyers as Earl Wheeler, William H. and Samuel E. Dimmick, C. S. Minor, F. M. Crane and prominent men from other counties like Oristus Collins, H. M. Fuller, William Jes- sup and Franklin Lusk. He was partieu- larly good as a real estate advocate. In 1874, in a three-cornered contest in which the Democratie vote was divided between two candidates, Hon. F. M. Crane and Hon. D. M. Van Anken, he was elected presiding judge of the Twenty-seeond district, com- posed of Wayne and Pike counties. On the bench he possessed a matchless grasp of the facts, however numerous or complicated, with a clear perception of their relation to the issue in the case. Counsel, in reading voluminous testimony in a ease, inadvert-
ently made a mistake, which he instantly cor. reeted from memory. His thorough appre- hension of the facts, together with the law governing the matter at issue, added to a natural promptness, made him a ready judge. His health, which had been delicate for years, finally gave way entirely and he died August 18, 1882, before his term had ended. He was succeeded by Henry M. Seely, who was appointed by the governor August 28, 1882.
Hon. Henry M. Seely, the second son of Col. Richard L. and Maria Torrey Seely, was born at Seelyville (about one mile from Honesdale), September 18, 1835. He gradn- ated from Yale in 1857, read law with F. M. Crane and was admitted to the bar in 1859. His abilities soon commanded attention, and in 1882 he was appointed to fill the vacaney caused by the death of Judge Waller, with- out any division of opinion as to - his pre- eminent fitness for the position. After serv- ing some fifteen months by appointment he was elected to the full term of ten years in another three-cornered contest, in which G. S. Purdy, of Wayne, and D. M. Van Anken, of Pike, were the Democratie candidates. Judge Seely served his term, and having de- clined a renomination, IIon. George S. Purdy was unanimously elected to succeed him. Judge Seely died shortly after he left the beneh, on Christmas eve, 1894. He was a conscientious Christian, an elder in the Pres- byterian ehureh and a Sabbath-school worker. The following is taken from reso- lutions of the Wayne County bar at the time of his death: "His knowledge and ap- plieation of the law were remarkable. His readiness in grasping and weighing a legal proposition was extraordinary. His ability at any time to pieree to the vital point of a ease was an ability as rare as it is valuable. Such minds as his, united with such a heart, lift the theory, the practice and the admin- istration of the law into the domain of the pure sciences, and into the realm of the great
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humanities." Judge Wilson related an in- cident which illustrates his character as a practitioner. He overheard a client ask him what he should swear to in order to open a judgment. Mr. Seely told him to swear to the facts, if that did not open the judgment nothing else would. Judge Secly commanded the respect of the bar for his ability, dignity and courtesy while on the bench and his character commanded regard for him as a private citizen.
Hon. George S. Purdy, now president judge of the Twenty-second Judicial district of Pennsylvania, was born in the township of Paupack, Wayne county, January 24, 1839. His parents were Abbot N. Purdy and Eliza, daughter of Elder George Dobel, a Baptist minister who emigrated from Eng- land in 1818 and settled in the southern part of Wayne county, then a wilderness. Judge Purdy descends from a pioneer family in Wayne county, this having been the an- cestral home on the father's side for more than a century, His great-grandfather, William Purdy, a minister of the Baptist denomination, whose father was Peter Purdy, emigrated from Fairfield county, Conn., and settled in Paupack township in 1792. Solomon, a son of William Purdy, married Mynis, a daughter of Francis Nich- olson, who had been a soldier in the Revolu- tionary war, and was one of the pioneers in the settlement of Salem township, and their son Abbot N. was the father of Judge Purdy.
The Purdy family is of Norse origin. The conquest of the Northmen, in the ninth, tenth and eleventh centuries, carried many of its members into Germany, France and England. In Germany the name became Perty; in France, Pardec; and in England, Purdy. Those who came to England with the Norman army, settled in Sussex, near the town of Rye. In 1856 three brothers of the family came to America and settled in Ver- mont, near Burlington. Some time before the Revolution a number of their descend-
ants removed to Westchester county, N. Y., and on the shore of Long Island founded a village which they named Rye, after the an- cestral home in England.
From this point the family spread in var- ious directions, some of them crossing the state into Fairfield county, Connecticut, whence Rev. William Purdy cmigrated to Pennsylvania. Abbot N. Purdy was born in Paupack in 1806, and lived there until his death in 1866. He was a lumberman and farmer, a man of moral and intellectual force and of strict integrity. His wife survived him ten years. They left six children : Har- riet Cochran, of Philadelphia; George S .; Caroline D., of Chicago; Stacy D., of La Crosse, Wis .; Marion L., wife of F. O. Wyatt, of Chicago, and Ann Augusta, also of Chicago.
Judge Purdy was educated at the public schools and through his own persevering ef- forts. He taught school four years, and dur- ing the latter years he was principal of Providence graded school. Subsequently he was bookkeeper for the large tanning estab- lishments at Ledgedale and Middle Valley. From 1866 to 1876 he was commissioner's clerk; in the meantime he read law and was admitted to the bar May 9, 1873. In Septem- ber of the same year he was married to Agnes C. Addoms, stepdaughter of Hon. Otis Avery. He began active practice in 1876. As a lawyer Judge Purdy was methodical and far-sighted in the prepara- tion of his cases, lucid, accurate and compre- hensive in their presentation ; wary, vigilant and strenuous in their trial, and logical and practical in argument. He proceeded with evident clearness of view, directness of pur- pose and earnestness, and with a self pos- session and mental equipoise not easily shaken. He commanded the respect of the bench and bar, rapidly won public con- fidence, and in a few years was recognized as one of the leaders of the profession.
In 1893 he was nominated by the Wayne
Les. S. Vandy.
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WAYNE COUNTY
County Democratic convention for presi- dent judge. The Pike county Democracy presented Hon. D. M. Van Auken as their candidate and in the three-cornered contest that followed Judge Purdy received a ma- jority vote in Wayne county, but lack of time prevented an adequate canvass of Pike in his behalf. The result showed that Judge Seely had only 261 plurality in the district.
Judge Purdy met his defeat with an equanimity and lack of resentment that won general admiration and respect, which led to an appreciation of his character that con- tributed largely to the satisfactory result of the judicial canvass ten years later.
In 1893 the Democrats of Pike and Wayne united in the nomination of Mr. Purdy for the next judicial term. Judge Seely declined a renomination and the Republicans en- dorsed Mr. Purdy, and he was elected judge without opposition. Thus he took his seat on the bench with the united support of the people and the bar of the district, and in the eight years of his term that have already expired, he has amply demonstrated the wis- dom of this unanimous choice.
Judge Purdy has brought to the discharge of his duties the grasp of the essential facts, the comprehensive knowledge of the law, and the accurate perception of the governing principles in the case in hand, which distin- guished hint at the bar, accompanied with the impartiality, freedom from bias, and in- dependence of action which are recognized as indispensable to the due administrations of justice. As a result his decisions, gener- ally, mark the end of litigation. Once only in the past eight years of his administration has his ruling been reversed by the appellate court.
Besides fulfilling the judicial duties, Judge Purdy is successfully directing several extensive business enterprises. As a citizen he is honored and esteemed among all classes. He is a man of large heart and liberal views, and is ever ready to aid in any worthy en-
terprise or deserving charity. Ile is not a member of any religious denomination, but is an attendant, trustee and financial con- tributor of the Presbyterian church. The in- fluence of his refined home on Park street, presided over by his estimable wife, reach out into various circles of social life, and radiate a warmth of hospitality and good cheer which make it a blessing and an honor in the beautiful little borough of Honesdale.
THE BAR.
At the first court held at Milford, Septem- ber 10, 1798, then the county seat of Wayne, and now the county seat of Pike county, four persons were admitted to the bar: Daniel Stroud, John Ross, W. A. Patterson and Job Halstead. From this time until 1816 twenty- seven more persons were added to the num- ber, nearly all of whom were non-residents of Wayne county. Among them were Dan Dimmick and Edward Mott, residents of Mil- ford. Andrew M. Dorrance was the first resident member of the bar at Bethany in 1816. Amzi Fuller was admitted the same year and N. B. Eldred the year following. From 1816 to 1832 twenty-three members were admitted, among them Oristus Collins, Thomas Fuller, George B. Wescott, George W. Woodward and Earl Wheeler.
The first courts were held by circuit court judges who started from Philadelphia on horseback with their library in their saddle- bags, holding about half a bushel, and their law in their heads. This itinerant court was usually. accompanied by lawyers. At Easton, Wilkes-Barre and other points, more would join until there was quite a number of non- resident attorneys that invaded the newly settled counties. Judge Jessup, in his ad- dress at the opening of the Wilkes-Barre courthouse, said "he well remembered when the court set out from Wilkesbarre, followed by the bar on horseback, through Cobb's Gap, Wayne, Pike and Susquehanna coun- ties, bringing up at Bradford county."
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"Court week" was an event of unusual im- portanee in the small county seats in pioneer days. The traveling judges and lawyers were looked upon with great awe by the hunters and farmers that assembled in the rude temples of justiee of the years agone.
Our supreme court reports bear testimony to the ability of some of these traveling judges and lawyers, From 1832 to 1843 Charles K. Robinson, E. Kingsbury, David Wilmot, L. Jones, H. Pettibone, H. B. Wright, W. H. Dimmiek, Stephen Strong, Luther Kidder, A. T. MeClintock, C. K. Silk- man, John I. Allen, R. B. Little, F. M. Crane, D. N. Lathrope, H. M. Fuller, Ira Vadakin, S. G. Throop, Warren J. Woodward, F. Sax- ton, E. Griswold, F. Lusk, H. Blois and sev- cral others were admitted to the bar of Wayne county. In 1843 the county seat was removed from Bethany to Honesdale. Dur- ing the ten years following thirty-six law- yers were admitted to practice in Wayne. Those who became prominent in practice were Charles P. Waller, Charles S. Minor, Samuel E. Dimmick, George G. Waller, and Edward O. Hamlin. Add the names of Amzi Fuller, Thomas Fuller, N. B. Eldred, Earl Wheeler, Ebenezer Kingsbury, Jr., William H. Dimmick and F. M. Crane to this list and it constitutes the most prominent and suc- eessful of the resident lawyers from the or- ganization of the courts in 1798 until 1859, when the names of H. M. Seely and Henry Wilson should be added. William H. Dim- mick, Jr., was admitted in 1862, George F. Bentley in 1866, George S. Purdy in 1873 and Peter P. Smith, who is now one of the supe- rior court judges, in 1874. Of this list Henry Wilson alone remains in active practice in Wayne and Hon. George S. Purdy presides over the courts.
Amzi Fuller was born in Kent, Litchfield eounty, Conn., October 19, 1793. He read law with Dan Dimmick and was admitted to the bar August 26, 1816. He beeame a well- read and conseientious lawyer and practiced
at Bethany until 1841, when he removed to Wilkes-Barre to live with his son, H. M. Ful- ler. Ile died in 1847.
Thomas Fuller, brother of the foregoing, was born in Kent, February 26, 1804. After receiving a good education he read law with his brother and was admitted to the bar August 19, 1826. He was twiee eleeted to the Legislature and upon the removal of the county seat to Honesdale he moved there from Bethany and erected a fine residenee afterwards occupied by his son, William J. He died shortly afterwards, December 16, 1843.
Earl Wheeler, for many years the father of the bar, was born in Hampden county, Massachusetts, in August, 1802. He read law with A. H. Reed and was admitted to the bar at Montrose, May 1, 1826. He removed to Bethany about 1831 and for many years was one of the most prominent and success- ful lawyers at the Wayne county bar. He was not eloquent but careful and methodical, honest and trusted, a man whose opinion was valued. In business, politics and religion he was straightforward, truthful and frank. Having the blood of Elder Brewster, of the Mayflower, in his veins, he exemplified many of his virtues. He died Deeember 30, 1873. in his seventy-third year.
William H. Dimmick, son of Dan Dimmick, was born at Milford, January 25, 1813. He read law with N. B. Eldred, at Bethany, and was admitted to the bar in 1835. In 1842, when the county seat was removed, he eame to Honesdale. In 1844 he represented Sus- quehanna, Wyoming and Wayne in the state Senate and by his vote elected Simon Cam- eron over James Buchanan to the United States Senate. He represented the Thir- teenth distriet in Congress from 1856 to 1860. He was an eloquent speaker but very absent minded. He was engaged to be mar- ried to Miss Overfield, and forgot the ap- pointment. Then she refused him, and he died unmarried August 3, 1861.
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Hon. F. M. Crane, for many years con- sidered the leader of the Wayne county bar, was born in Salisbury, Conn., May 12, 1815. He read law with Lewis Jones, of Carbon- dale, Pa., and in 1838 was admitted to the bar of Luzerne county. In 1843 he was ap- pointed postmaster of Carbondale, but re- signed and came to Honesdale in 1844. Ile was a member of the state legislature in 1853 and again in 1861 as a war Democrat. He was an independent Democratic candidate for judge in 1874, receiving 2,176 votes against 1,257 for Van Auken, the regular Democratic candidate. He was a well-read lawyer, equal to any at home or to any that came to Honesdale from elsewhere. He was taciturn and not easily approached, severe in cross examination of witnesses, but honest and kind-hearted to those who knew him best. He died in January, 1877.
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