The twentieth century bench and bar of Pennsylvania, volume I, Part 56

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

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Charles S. Minor was born January 11. 1817, at Washington, Conn .; graduated from Yale in 1841; admitted to Wayne county bar in 1845. He was the most scholarly man at the Wayne county bar. He was well grounded in the principles of the law and was called the Nestor of our bar. He died in 1890, after practicing law fifty-six years, and was the last of that galaxy of bright lawyers that contained the names of Wheeler, Crane, Dimmick, Waller and Seely. IIe pursued law as a science and said that every case should be decided on its merits regardless of precedent. By the younger members of the bar he was regarded as a courtly gentleman of the old school, whose conversation was entertaining and whose reminiscences were worth remembering.

Hon. Samuel E. Dimmick was born in Bloomingburg, N. Y., December 24, 1822. He read law with William H. Dimmick and was admitted to the bar May 6, 1846. Nature was bountiful to him, giving him a handsome body, full sonorous voice and a serenc, dig- nified look. He was a man of fair attain- ments, and these physical accessories helped

him immensely, and he had all the suavity and blandness necessary to make the most of them. Of the faculty of pure reason as ex- emplified by Kant and Calhoun, he had not overmuch, but he abounded in good common sense and was no mean antagonist before a jury. In 1856 he united with the Free Soil party and in 1873 Governor Hartranft made him attorney-general. He died October 11, 1875, at Harrisburg.

George G. Waller was born in Wilkes- Barre, May 3, 1821, and graduated from Williams college in 1844. He read law with Judge Collins and was admitted to the bar in Luzerne county in 1846, and in 1849 he came to Honesdale and entered into partner- ship with his brother, C. P. Waller. He soon took rank as a leading practitioner, and dur- ing his time he tried more cases than any other lawyer in the county. Wilson says of him, in quickness of perception, rapidity of thought, promptness of decision and power of close and continual application he had few equals. His cases showed completeness of preparation that overlooked nothing, yet when an unforeseen emergency came, he was quick in suggesting remedies. His state- ment of a case was often an argument of it- self sufficient to carry conviction to the jury. He died December 4, 1888.

Hon. Edward O. Hamlin was born at Beth- any, Wayne county, June 12, 1828. He graduated from Hamilton college in 1850. Ile read law with Hon. George W. Wood- ward at Wilkes-Barre and Earl Wheeler at Honesdale, and was admitted to the bar Sep- tember 7, 1852. He moved to St. Cloud, Minn., and rose in his profession. He was appointed judge of the Fourth district of Minnesota to fill a vacancy, besides holding other positions of importance in that state. He was a delegate to the Democratic na- tional convention in 1864 and denounced that plank in the platform that called the war a failure. Judge Hamlin returned to Wayne in 1873 and obtained a lucrative

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THE BENCHI AND BAR OF PENNSYLVANIA

practice. He was an earnest, scholarly and convincing advocate, commanding the re- spect of the bench, bar and people. Ile died February 4, 1895.

The present members of the bar in active practice are: Hon. Henry Wilson, who was born at Franklin, Susquehanna county, Oc- tober 7, 1834. He read law with D. N. Lath- rope, at Carbondale, and was admitted to the bar in' 1859. In 1869 he came to Hones- dale and assumed the editorial charge of the Ilonesdale Citizen and opened a law office. He has an extensive knowledge of the law and practice. He presents his legal argu- ments with convincing force. The writer acknowledges his indebtedness to him in a sketch of the bar which he prepared for the local history of Wayne county in 1886, for much of the information of the bench and bar contained in this brief historical sketch.

The younger members of the bar at pres- ent in practice in Wayne county, all of whom have been admitted to the bar since 1874, are William H. Lee, Elwin C. Mum- ford. Homer Greene, Alonzo T. Searle, F. M. Monaghan, Orville L. Rowland, Charles A. MeCarty, M. M. Treadwell, Frank P. Kim- ble, Myron E. Simons, Rhamanthus M. Stocker, Peter H. Iloff, Lawrence M. Atkin- son, Herman Harmes and John Kuhbach.

Rhamanthus M. Stocker was born in Salem township, Wayne county, Pennsylvania, October 5, 1848. His father and mother, whose maiden name was Lydia Rebecca Peet, were both born in Litchfield county, Con- necticut, whence they emigrated to Salem in 1840. Both are old Colonial families and both families were represented in the Revo- lutionary war.

R. M. Stocker assisted on the farm, at- tended the public schools, and was at Lafay- ette college one year. He taught school and engaged in clerking and merchandising a short time. In 1871 he purchased Black- stone's Commentaries and some time after- wards was registered as a law student with

Waller and Bentley at Honesdale, Pa. He was elected register and recorder of Wayne county in 1881 and at the expiration of his term, in 1884, he entered the office of his preceptors and was admitted to the bar at May term, 1886. He assisted in writing the histories of Wayne, Pike and Monroe coun- ties, and had editorial charge of the "Cen- tennial History of Susquehanna County. Pa." Since then he has been engaged in the active practice of the law in Honesdale, Pa.

He prepares his cases carefully and man- ages whatever business that is entrusted to his care with fidelity. He made his first po- litical speech for Horace Greeley for presi- dent, and has participated as a speaker in nearly every political campaign of impor- tance since that time.

Besides his law business, he is manager of the Honesdale Water Company, and he writes more or less for the newspaper press.

Homer Greene was born at Ariel, in Salem (now Lake) township, Pa., January 10, 1853. He is the son of Hon. Giles and Harriet L. (Schenck) Greene. both natives of Pennsyl- vania. His father, who was a lumber manu- facturer by occupation, was descended from James Greene, who came from Rhode Island, and Gen. Nathaniel Greene, of Revolutionary fame. The family originally came from Eng- land to the United States in 1638. He was deeply interested in the affairs of his com- munity, served as associate judge of Wayne county one term, and was otherwise active for the welfare of his county and state. He died in 1892. Our subject's mother is a de- scendant of Col. John H. Schenck, who won deserved honor in the Revolutionary war.

Homer Greene received his early education in the district schools and Riverview Mili- tary academy, Poughkeepsie, N. Y. (1867 69). In 1876 he graduated from Union col- lege, Schneetady, N. Y., and in 1878 gradu- ated from the Albany Law school. He stud- ied law for a short time in the office of Hon. II. M. Seely, and on December 5, 1878, was

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admitted to practice at the Wayne county bar. He began the practice of his profession at Honesdale, and here he has since re- inained, engaged in a large and growing business. His practice is general in char- acter, in all eourts, with somewhat of a spe- cialty toward corporation work and trial cases. He is attorney for several railroads and is well known as a careful and eonscien- tious lawyer. Among the important cases with which he has been identified may be mentioned that of the Erie & Wyoming Val- ley R. R. Co. vs. Erie R. R. Co., which led te the purchase, by the Erie Railroad, of the stock of the Pennsylvania Coal Company, one of the largest deals outside of the steel trust.

Before entering college Mr. Greene spent two years at Pittston, Pa., as civil and mining engineer, shortly afterward publishing a book called "Coal and the Coal Mines," which has sinee been in constant demand. He has a wide reputation as a writer, a poem "What My Lover Said," written twenty-five years ago while he was a young man, is destined to live long after its author is num- bered with his fathers. He has written sev- eral other poems, among them "My Daugh- ter Louise" and "The Banner of the Sea." He has also written several short stories for boys, among them "Blind Brother," "Burn- ham Breaker," "The River Park Rebellion," and a serial that has been recently running in The Youth's Companion, "Pickett's Gap." Ilis stories are of good moral tone and are entertainingly written.

Mr. Greene is a Republican in politics and has been actively identified with the affairs of his party, stumping the state during the political eampaigns. He served one term of three years (1881-84) as district attorney of Wayne county, and in 1895 and again in 1902 was a candidate for Congress. He has been a director in the Honesdale National bank for twelve years, has served as secre- tary and treasurer of the Honesdale Ceme-

tery County during the last seventeen years, and secretary of the vestry of Grace Epis- copal church during the last sixteen years.

Mr. Greene was married in 1886 at Al- bany, N. Y., to Miss Katherine F. Gaines, daughter of John P. Gaines, who at the time of his death was territorial governor of Ore- gon. Mr. and Mrs. Greene have two chil- dren-Giles Pollard and Margaret H.

Alonzo T. Searle was born at New Marl- boro, Berkshire county, Mass., September 13. 1856. His parents, Rev. Richard T. and Emily A. (Putnam) Searle, were both na- tives of Massachusetts. His paternal ances- tors settled in Massachusetts as early as 1634 and served in the Revolutionary and the old homestead is still in the possession of the Searles. Ilis mother was a daughter of Col. Jesse Putnam, who served in the war of 1812, and his father was distinguished in the war of the Revolution.

Our subject was prepared for college at St. Johnsbury academy and was a graduate in the class of 1873, and subsequently entered Amherst college, graduating from the clas- sical department of the latter institution in 1877. He studied law and taught two years in Chesterliam academy, then entered the law office of Hon. B. S. Bentley, Williams- port, and finally completed his studies with George G. Waller, at Honesdale. He was ad- mitted to the bar of Wayne county in 1882. and at once began the practice of law at Honesdale with his former preceptor, under the firm name of Waller & Searle, which partnership continued until the death of Mr. Waller in 1888. Since that time Mr. Searle has been alone in the practice of his profes- sion, and has met with deserved success. He has been prominently identified with nearly every important case in Wayne county, is a good trial lawyer, and has built up a large practice and is retained by many good clients. A Republican in his political views, Mr. Searle has been actively identified with the campaigns of his party. He was attor-

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TIIE BENCH AND BAR OF PENNSYLVANIA

ney for the county commissioners six years, has served as a member of the school board, is still a member, and also acted as president of that body, and was the first president of the County Directors' association. He has been connected with several of the important corporations of his county as a director and also in his professional capacity; director (and attorney) in the Wayne County Sav- ings bank, president of the Exchange club, and trustee of the Presbyterian church.

Mr. Searle was married at Honesdale in 1882 to Miss Margaret B. Irwin, daughter of John Irwin, a well known farmer of Wayne county. They have one 'son living, Charles Putnam.

Mr. Searle is affiliated with the Masons. Odd Fellows, Royal Arcanum and the New England Society of Northeastern Pennsyl- vania and the Laurentian club of Canada.

William Henry Lee was born in Clinton township, Wayne county, Pa., January 1, 1849, the son of Samuel and Annie M. Lee, both of whom were natives of England. The father, who was a farmer by occupation. came to this country in 1842; the mother in 1833. They were married March 2, 1848, and for many years lived in Wayne county, where they both died.

Our subject was educated in the common schools and Delaware Literary institute at Franklin, N. Y. He taught school for a time and received a permanent certificate. He read law with Hon. S. E. Dimmick and Wal- lers & Bentley, and was admitted to the bar of Wayne county December 10, 1874. He at once began the practice of his profession in his native county and up to the present time has been alone. He was deputy treasurer under Paul Swingle from 1875 to 1878. He very successfully managed the Republican canvass in Wayne for six years as county chairman, for twenty-five years or more has served as judge of elections, and has fre- quently stumped the county for his party. He is a well-read lawyer and has managed

several large estates successfully. He is a stockholder in the savings bank of Wayne county and has a fair share of the legal busi- ness transacted in his county.

Mr. Lee was married at Wilkes-Barre, Pa., in 1878, to Miss Louise E. Wentz, and they have two daughters-Electa Louise and Mary Ethel.

Hon. Frank P. Kimble was born in Pal- myre township, Pike county, Pa., October 17, 1852. He was educated in the public schools and Mansfield Normal school. He taught school for several years, then read law with C. S. Minor and was admitted to the bar in 1886. In 1891 he was a member of the as- sembly. He is a good lawyer and has a good practice.

Myron E. Simons was born in Sterling township, Wayne county, Pa., May 14, 1860. He was educated in the public schools and at Bloomsburg Normal school. He taught school for a number of years, then read law with Blakeslee & Davies at Montrose, Pa., and was admitted to the bar of Susquehanna county in 1884 and in Wayne county in 1886. He is a careful and trustworthy at- torney.

. Elwin C. Mumford, son of Hon. James Mumford, was born at Starrucca, Pa., Au- gust 8, 1851. He was educated in the public schools and Millersville Normal school. He commenced to read law with M. J. Larabee and finished with Waller & Bentley, and was admitted to the bar September 6, 1876. In 1878 he was elected district attorney of Wayne county. For six years he was coun- sel for the county commissioners. He is rec- ognized as a good business lawyer and is a good collector.

Hon. C. A. McCarty was born in Canaan township. Wayne county, Pa. He was edu- cated in the public schools and at Wyoming seminary. He read law with George G. Wal- ler and was admitted to the bar in 1883. IIe was district attorney for Wayne county from 1890 to 1893. He is now counsel for the

Wmythe

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county commissioners. He is chairman of the Democratic eounty eommittec and is an active worker in the party. He has a good practice.

O. L. Rowland was born November 29, 1859, at Rowlands, Pike county, Pa. He was

educated in the public schools and Wyoming seminary. He graduated from Albany Law school and read law with Hon. H. M. Seely and was admitted to the bar in 1882. He was district attorney one term and is partie- ularly good in construing the statute law.

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THE BENCH AND BAR OF PENNSYLVANIA

JEFFERSON COUNTY

BY HON. S. A. CRAIG

In giving the legal history of Jefferson county it will be necessary and interesting to trace briefly her status in the changing organization or districting of the state for judicial purposes. A new state constitution was adopted in 1790, and April 13, 1791, the state was divided into judicial districts or circuits, the Fifth to consist of Westmore- land, Fayette, Washington and Allegheny counties. (Vol. 3, Smith's Laws, page 29; 4th Bioren, page 60.) The county of Jef- ferson was erccted out of a part of Lycoming county March 26,1804, and attached to West- moreland for judicial purposes, and placed under the jurisdiction and authority of her judges. (Smith's Laws, Vol. 4, page 176.)

By act of February 24, 1806 (P. L. 338; Vol. 4 Smith L., 273), the counties of West- moreland, Somerset, Cambria, Armstrong and Indiana made up the Tenth Judicial district, and the counties of Mifflin, Centre, Huntingdon and Bedford composed the Fourth district.

Jefferson was attached to Indiana county, on the organization of the latter for judicial purposes, by the act of March 10, 1806, (P. L. 413-417; Vol. 4 Smith L., page 291). Said organization took effect on the first Monday in November, 1806.

Jefferson county was organized for judi- cial purposes by act of April 2, 1830 (P. L. 161), from and after October 1, 1830, and attached to the Fourth judicial district. Suits originally brought against her resi- dents were transferred and her legal records began October 1, 1830. The first court held in the county was held at Brookville on December 6, 1830.

By the eighth section of the act of April

8, 1833 (P. L. 315), and twenty-fifth section of act of April 14, 1834 (P. L. 345), it was, from and after September 1, 1835, placed in the Eighteenth judicial district, composed of Potter, McKean, Warren and Jefferson counties.

Jefferson county's status as to judicial districts and counties associated with it, and presided over by the judges hereafter named, was as follows: Jefferson was at- tached to Westmoreland for judicial pur- poses in the Fifth judicial district, consist- ing . . stmoreland, Fayette, Washington and wegheny counties, from March 26, 1804, to the first Monday of November, 1806.

It was attached to Indiana county, then in the Tenth district, consisting of Indiana, Somerset, Cambria, Armstrong and West- moreland, from the first Monday of Novem- ber, 1806, to October 1, 1830.

It formed a part of the Fourth judicial district, consisting of Jefferson, Mifflin, Centre, Huntingdon and Bedford counties, from October 1, 1830, to September 1, 1835.

It was in the Eighteenth judicial distriet continuously thereafter from September 1, 1835, to June 12, 1895, when it was created a separate judicial district; but it was the only county that remained in the Eighteenth continuously. During that time its associ- ated counties were as follows :

From 1835 to 1840 the Eighteenth district was composed of Jefferson, Potter, McKean and Warren, when (1840) Warren was de- tached and Clarion added.

From 1840 to 1849 the Eighteenth district was Jefferson, Potter, Mckean and Clarion.

From 1849, April 5, the state was reap- portioned, making the Eighteenth district

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JEFFERSON COUNTY

Venango, Clarion, Jefferson, Elk and Forest counties.

1851, Elk went to the Sixth district.

1852, Clearfield was added to the Eight- centh, but in

1853, Clearfield was attached to the Twenty-fifth, and Mercer county was joined to the Eighteenth.

1866, Mercer and Venango were detached and formed into a separate judicial district, leaving the Eighteenth composed of Jeffer- sou, Clarion and Forest.

1874, the Eighteenth district was Clarion and Jefferson.

1885, the Eighteenth district was Clarion county, with Jefferson attached.

1895, Jefferson made a separate judicial district, numbered the Fifty-fourth. Clarion remained the Eighteenth.

THE BENCH.

In giving the following sketches of those judges who have presided over the courts of Jefferson county from its erection to date, in the order of time, brevity has been thought proper, leaving out much that might in justice have been stated. This especially is so in cases where they are non-residents, for the reason that no doubt a more full history will be given of those judges in the legal history of their home counties.

Hon. Samuel Roberts was commissioned president judge of the Fifth judicial district June 2, 1803. Jefferson was erected and at- tached to Westmoreland county for judicial purposes March 26, 1804; he thus became our first judge. For near two years the early business of the first settlers was under his jurisdiction, until February 24, 1806. He was the author of "Roberts' Digest" of British statutes in force in Pennsylvania, a work well known to the profession. H died in Pittsburgh in 1820.

Hon. John Young, whose commission as president judge of the Tenth district dates Lancaster, March 1, 1806, the same year

Jefferson was attached to Indiana county, then in that district, presided for thirty-one years. (Extended sketch appears in West- moreland county.)

Hon. Thomas Burnside, of Bellefonte, Con- tre county, was the pioneer judge of Jeffer- son county, and president at the first court held, commencing December 6, 1830. (Sketch in Centre county.)

Hon. Nathaniel B. Eldred succeeded Thomas Burnside in the judgeship. (Scc sketch in Wayne county history.)

Hon. Alexander McCalmont was a native of Centre county, but his parents became residents of Franklin, Venango county, in 1803. He was admitted to the bar about 1828. He was a man of limited education, but by self-application became qualified to teach school. HIe successively occupied the positions of commissioner, treasurer, re- corder, sheriff and justice of the peace in Venango county. He was appointed presi- dent judge of the Eighteenth district, then including Jefferson county, May 31, 1839. Judge MeCalmont was then past middle lifc. He served until 1849, and died at Franklin August 10, 1857. It seems quite difficult to find now (1903) much of anything about his life and character. The judge was said to be somewhat eccentric, but he seems to have commanded the respect of the people gen- erally for his majesterial ability and learn- ing.

Hon. Joseph Buffington, of Kittanning, was appointed judge of the Eighteenth Ju- dicial district June 1, 1849, and re-appointed January 15, 1850, which he filled until the elcetion of 1851, when he was defeated by Hon. J. C. Knox.

Hon. John Colvin Knox was elected judge of the Eighteenth district, defeating Judge Buffington. The counties were Venango, Clarion, Jefferson and Forest, and Judge Knox removed to Franklin. His commission dates November 11, 1851. (Sketch in West- moreland county.)

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TINE BENCH AND BAR OF PENNSYLVANIA

Hon. John Swayze McCalmont was ap- pointed judge of the Eighteenth district May 24, 1853, to fill vacancy caused by res- ignation of Judge John C. Knox, and in the fall was elected for the term. He was the most youthful judge that ever presided in the district, being only twenty-nine years of age when he went on the bench, and had been only seven years in practice. (Sketch in Venango county.)

Hon. Glenni W. Schofield, of Warren, Pa., was appointed judge of the Eighteenth dis- trict in 1861, to fill the vacancy caused by the resignation of Judge MeCalmont, and served until the end of that year. (See Warren county.)

Hon. James Campbell, of Clarion, Pa., was one of the leading lawyers of the Clarion bar. In the fall of 1861 he was elected pres- ident judge of the Eighteenthi Judicial dis- triet, then Mercer, Venango, Clarion, Jeffer- son and Forest counties. He was an able and upright judge, well remembered by lawyers and people of Jefferson. At the end of his term in 1871 he resumed practice suc- cessfully, retiring to private life in 1886. He died August 3, 1892.

Hon. William P. Jenks, Brookville, Pa., was admitted to the bar in 1845, then resid- ing at Punxsutawney, Jefferson county. He removed to Brookville, where he opened an office for the practice of law in 1843 or 1844. He soon became one of the leading lawyers at the bar. He was senior member of the law firm of Jenks, Jenks & Clark. He was a member of the Legislature during the ses- sion of 1867-8. In 1871 he was elected presi- dent judge of the Eighteenth Judicial Dis- trict, composed of Clarion, Jefferson and Forest counties, and after the expiration of his term resumed the practice of law, in January, 1882. He was for ten years asso- ciate counsel with his brother, IIon. George A. Jenks, for the immense estate of John E. Du Bois. He was an upright, able judge, and enjoyed the respect and affection of the

people of the county to a marked degree. A noble life of usefulness and service for good which has done much to elevate the educa- tional and moral standard of the people. He died April 25, 1902.

Hon. Elijah Heath Clark, of Brookville, was admitted to the bar of Jefferson, his native county, in 1866. His father had been one of the pioneer lawyers of the county. For a few years Mr. Clark engaged in prac- tice as partner with L. A. Grunder, Esq., and in 1869 entered into partnership with Wil- liam P. Jenks, Esq., and his brother, George A. Jenks, Esq., as Jenks, Jenks & Clark; and the firm became, on the election of Judge Jenks to the bench in 1871, the widely known firmi of Jenks & Clark, continuing for nearly twenty years as one of the leading law firms of Jefferson and neighboring counties. In 1891 he was elected president judge of the Eighteenth Judicial district, being Clarion county with Jefferson attached, and pre- sided over the courts of both counties, re- siding in Clarion. In 1875 Jefferson was created a separate judicial district, and Judge Clark continued to preside over the courts of Clarion until the end of his term. Judge Clark during his term presided with dignity and learning, enjoying the confi- dence and esteem of his fellow citizens. .

Hon. John W. Reed, of Brookville, Pa., studied law in the office of Hon. James Camp- bell, of Clarion, and was admitted to prac- tice in that county August 23, 1875, but lie began his career as a lawyer in Brookville in partnership with Hon. A. C. White, as White & Reed. After two years he returned to Clarion and became a partner in the firm of Wilson, Jenks & Reed. Later he went to Grand Forks, N. D., but in 1884 returned to Clarion, where he practiced until 1895. During these years he becanie quite promi- nent as a lawyer of learning and ability. IIe was appointed by Governor Hastings president judge of the newly created judi- cial distriet of Jefferson county in 1895, and

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The twentieth century bench and bar of Pennsylvania, volume I, Part 56

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