The twentieth century bench and bar of Pennsylvania, volume I, Part 58

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

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William M. Fairman, Esq., of Punxsu- tawney, Pa., served his country well as a sol- dier in Company I, Sixty-second Pennsyl- vania Volunteers; was wounded at Gains Hill, Va., in 1862. Reading law, he was ad- mitted to the bar of Jefferson county, in May, 1871, and was elected distriet attorney

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in 1876. He attained by his ability, promi- mence, especially in criminal practice, and as a politician; was twice nominated by the Democratic party (then in the minority in the district) for Congress; the second time declining to accept.

Camdon Mitchell, Esq., Reynoldsville, Pa., was admitted to the bar in February, 1872, and opened an office in Reynoldsville, where he has continuously practiced his profession. Attention to the interests of his clients, known independence and integrity of char- acter, has brought him success and the con- fidence of the business men of the commun- ity. He has been president of the First Na- tianal bank of Reynoldsville since 1873, and also an officer of the Reynoldsville Water company.

Marion M. Davis, Esq., of Reynoldsville, read law with Hon. A. W. Taylor, Esq., of Indiana. He removed to Osage Mission, Kan., where he practiced law about a year ; returning to his native state, he located in Reynoldsville, and was admitted to the Jef- ferson county bar, December, 1871. His in- dustry and character for integrity has given hin good standing and success at the bar of this county.

Charles Corbett, Esq., of Brookville, Pa., was admitted to the practice of law in his native county, in July, 1872, and the next year, 1873, was elected district attorney, fill- ing the office with credit. Shortly thereafter entered into partnership with A. L. Gordon, Esq., as Gordon & Corbett, forming one of the leading law firms of the county. For a time after the death of Mr. Gordon, Mr. Cor- bett continued his practice successfully alone, but in 1899 the partnership of Jenks & Corbett was formed with Hon. G. A. Jenks. Mr. Corbett has by his well known industry and methodical care, combined with good natural legal ability gained a leading place among the lawyers of the county.

Henry W. Mundorff, Esq., of Punxsu- tawney, Pa., practiced law after his admis-

sion to the bar in May, 1875, in his native town. Then moved to Brookville, where en- tering into partnership with John Conrad, Esq. ; the well-known firm of Conrad & Mun- dorff continued successfully for some years. Mr. Mundorff has removed to Punxsu- tawney, where he practices his profession. His good legal insight, skillful and careful attention to the interests of his clients, with his fine social qualities justifies his success.

C. C. Benscotter, Esq., of Brookville, Pa., was first admitted to the bar of Lycoming county, at Williamsport, Pa. In a short time he removed to Jefferson county, was admit- ted September, 1875, and commenced prac- tice in Reynoldsville, and was elected dis- trict attorney in 1882. He then removed to Brookville, and was re-elected in 1885, and made a faithful and efficient officer. Mr. Benscotter has excellent legal and oratorical ability, and has acquired a recognized promi- nent position at the bar.

Hon. S. A. Craig, of Brookville, Pa., in carly life was a printer, then school teacher, receiving his education at Jefferson college. In April, 1861, while at college, he enlisted as private in the army ; was promoted to cap- tain of Company B, One Hundred and Fifth Pennsylvania Volunteers in 1862; after re- cciving three severe wounds in successive battles, he was commissioned by President Lincoln in 1863, a captain in the V. R. C., United States army. He held a number of responsible positions under this appoint- ment as provost marshal, and in the Freed- man's bureau, in Indianapolis and Texas, un- til he resigned in December, 1865. He read law and was admitted to the bar of his na- tive county in December, 1875, and has since continued to practice his profession successfully. He was elected district attor- ney in 1879. Represented the Twenty-first Congressional district, composed of West- moreland, Indiana, Armstrong and Jefferson counties, in the Fifty-first Congress, 1890-1. By industry, ability and integrity, which

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has characterized his life, Mr. Craig has ae- quired a substantial plaec at the bar and in the estimation of his fellow citizens.

George W. Means, Esq., of Brookville, Pa., graduated at Bucknell college, Lewisburg, Pa., in 1875. Immediately studying law, was admitted to the bar of Jefferson eounty, in 1876. He has continuously engaged in practice sinee in Brookville. In 1890 he en- tered into partnership with his half brother, Hon. E. H. Clark, and shortly after on the admission of Judge Clark's son, Benjamin M. Clark, Esq., the widely known and sue- ecssful firm of Clark, Means & Clark was formed. Then on the election of Judge Clark to the beneh the firm has been for years, and still holds its place as one of the leading law firms as Means & Clark. Mr. Means has diseriminating legal ability, ex- cellent judgment and substantial character, combined with fine social qualities.

John E. Calderwood, Esq., of Punxsu- tawney, sinee his admission in February, 1878, engaged in the practice of law, asso- ciated with Hon. R. C. Winslow, as Winslow & Calderwood, for many years sueeessful practitioners at Punxsutawney. Mr. Cald- erwood possesses exeellent character for in- tegrity and painstaking care in his profes- sion and is an esteemed citizen.

Hiram H. Brosius, Esq., Brookville, Pa., was admitted in February, 1880, and has since been sueeessful in practice, especially in orphan's eourt business and in pensions. He has industry, business eapaeity and ex- cellent eharacter as a lawyer, business man and citizen.

Cadmus Z. Gordon, of Brookville, after graduation at Yale, and studying law with Jenks & Clark and Gordon & Corbett, was

admitted to the bar in 1880. He commenced practice at once in Brookville, and later joined also in partnership with (now Judge) Ilarry R. Wilson, Esq., at Clarion, Pa., where he also practiced. Mr. Gordon comes of legal ancestry, the before named Justiec I. G. Gor- don was his father, Hon. G. A. and W. P. Jenks his uneles; but for himself he has taken a prominent plaee at the bar, well sus- tained by his legal learning and ability.

Alexander Truitt, Esq., of Punxsutawney, Pa., was admitted to the bar in September, 1883, and has been in continuous and sue- eessful praetiee sinee. He is reputable and prominent as a citizen and somewhat active in polities.

Edward A. Carmalt, Esq., Brookville, Pa., was after reading law with Hon. William P. Jenks, admitted September, 1884. He en- . tered the practice of his ehosen profession with characteristie energy, associating him- self with N. L. Strong, Esq., as Carmalt & Strong, now beeome well known and suecess- ful practitioners. Mr. Carmalt is aetive in polities, is a publie spirited citizen, and ris- ing in his profession.

William L. McCracken, Brookville, was admitted May, 1887. Later he was elected distriet attorney, and has been prominent in his party (Democratie) as a politician.

Benjamin M. Clark, of Brookville, was ad- initted to the bar, after reading law with his father, Hon. E. H. Clark, in May, 1891. He joined in partnership at once with his father and George W. Means, Esq., as Clark, Means & Clark, and later as Means & Clark. The firm has been since among the leading law firms of the county. Mr. Clark is an indus- trions and capable lawyer, and advancing in his chosen profession.

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CLEARFIELD COUNTY

BY JOS. B. McENALLY

Clearfield county was formed in 1804 un- der an act of the Legislature, passed March 26, 1804, out of territory previously incluid- ed in Lycoming and Huntingdon counties. The next year, 1805, the town of Clear- field was selected for the county seat. The inhabitants, at that time, were few and scat- tered. For judicial and for other purposes of a general character, it was attached to the adjoining county of Centre. This con- tinued until the year 1822, when, by an act of January 29, 1822, Clearfield county was separated from Centre, and given such rights as belonged to the other counties of the state. The first court was held at Clear- field on the third Monday of October, 1822, by IIon. Charles Huston as president judge.

The boundaries of the county have been, to some extent, changed and reduced since 1822. In 1823 a small addition was made at the northeastern part by running a new line. In 1843 a part of Clearfield county was put into Elk county, and in 1868, an- other small part was taken and added to Elk and Jefferson counties. Clearfield is still one of the large counties of the state and contains 1,130 square miles. Its aver- age length in a straight line from north to south is about thirty-five miles and its av- erage width from east to west is near thirty- three miles.

The surface is of a mountainous chiarac- ter. The Allegheny mountains pass through it. In a portion of the western part of the county the waters flow westward toward the Ohio river, but in the eastern, southern and northern parts the waters flow into streams running northeastwardly, which

find their way into the Susquehanna river which carries them in a southeastward course to the Chesapeake bay.

The ground was, originally, nearly all covered with excellent timber of different kinds, including large bodies of valuable white pine, also oak, hemlock and other wood of different kinds. Most of this timber was well suited for manufacturing purposes.

The early settlers placed but little value on the timber. It was abundant, the market far distant, with no means of transportation except by floating it by rafts at considerable risk several hundred miles down the stream ; and then the price received seemed to be a very moderate compensation for the labor and expense. However, between the years 1840 and 1850 the people of Clearfield coun- ty began to realize that pine and oak timber was of some value, especially if it was near a navigable stream. Timber land began to rise in price and some tracts of white pine. in a score of years rose in market value from one dollar to one Inindred dollars per acre. To this steady rise for many years in the value of timber land and to the profits aris- ing from the lumber business, most of the men who gained wealth in Clearfield county owe much of their success.

The lumber business having made a start, continued. The timber cut was floated down the stream in the form of rafts and saw logs until the most of it was gone before 1890. The hills, however, contained veins of valu- able bituminous coal. These were opened from time to time and the population was increased by the addition of many who were engaged in mining operations.

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The lumbering business made an active and stirring population, and also gave rise to mueh litigation. Frequently the ques- tion in dispute was in regard to the loea- tion of the lines of the original surveys un- der which the parties respectively claimed. A trial of title in such case was generally long and tedious. The transaction of the. business of the court required, probably, twiee the time that would have been needed in a county of the same population devoted to agricultural pursuits.

The names of the law judges who presided in the district which included Clearfield eounty and the time that each presided from 1822 to 1902 are about as follows:

Charles Huston, from 1822 to April 26, 1826; Thomas Burnside from April 26, 1826, to April, 1841; George W. Woodward, from April, 1841, to April 1851; James T. Hale, from April, 1851, to Deeember, 1851; Robert G. White, from Deeember, 1851, to May 31, 1852; John C. Knox, from June 1, 1852, to April, 1853; James Burnside, from April 20, 1853, to July 1, 1859; James Gam- ble, from July, 1859, to December, 1859; Samuel Linn, from Deeember, 1859, to July, 1868; Joseph B. MeEnally, from July 3, 1868, to Deeember, 1868; Charles A. Mayer, from Deeember, 1868, to January, 1884; James H. Orvis, additional law judge, from April 10, 1874, to November, 1883; David L. Krebs. from January, 1884, to January, 1894; Cyrus Gordon, from January, 1894, for term of ten years, not yet expired.

Four of the judges, viz., Charles Huston, Thomas Burnside, George W. Woodward and John C. Knox, afterwards beeame justiees of the supreme court of Pennsylvania. Judge Huston, while at the bar, is reputed to have been one of the ablest of lawyers and one of the most persuasive of advocates. As a judge his reputation is equally high.

Thomas Burnside was a safe judge. He was noted for eeeentricities in manners and speech; and these, on aceount of his promi-

nent position in the community, attraetcd much attention and eaused his name to be remembered by many when legal opinions are forgotten.

George W. Woodward was a man of dig- nified presenee and superior intellectual ability. He was a justiee of the supreme court of Pennsylvania for fifteen years, and gained a high reputation as a jurist.

John C. Knox was regarded as one of the best common pleas judges. Although elect- ed to the supreme beneh for fifteen years, he resigned at the end of four years.

The bar of Clearfield eounty has always had among its members some able lawyers. At first the legal business was small and the lawyers few, but in later years the numbers increased until now (1903) the resident law- yers number forty or more.

Of those who became resident lawyers of Clearfield county between 1822 and 1829, inclusive, only six can be named.

Samuel M. Green in 1822 was appointed distriet attorney of Clearfield county and continued some time in the county, but how long is now uneertain.

James Hepburn in 1822 began to practice law in Clearfield and continued in practice several years, until his death.

Robert Wallace in 1825 came to Clearfield from Huntingdon, where he had been prac- tieing law a short time. He remained about a year, and then in 1826 returned to Hunt- ingdon. He came baek to Clearfield in 1836 and practiced law until 1847. Hle then went to Hollidaysburg, in Blair eounty, where he resided a number of years, but returned again to Clearfield in 1854 and to some ex- tent continued the praetiee of his profession. He died in 1875. He was well known and popular in his day, and at one time held the office of eounty treasurer.

Josiah W. Smith was admitted in 1826. ITe has been called the pioneer of the Clear- field bar, and his long continuous praetiee in Clearfield county, and his elose eonneetion

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with the important business transactions of those days, entitle him to this distinction. He continued in active practice in Clearfield till 1856. He then moved to Philadelphia. After remaining there some years he re- turned again to Clearfield, where he died March 22, 1882. At the time of his admis- sion the county contained large bodies of unimproved land owned chiefly by non- residents. Mr. Smith became and remained the trusted agent of many of them for selling their lands and transacting their business. He also became the owner of many tracts which he sold to settlers on easy terms at a moderate advance. In these and all his transactions he was careful and correct. He was a good lawyer, and while he practiced had a large share of the legal business, espe- cially of that part which related to real estate.

William Christie, who had been admitted elsewhere, came to Clearfield to practice law in 1826. IIe is reputed to have been a man of ability, but of intemperate habits. He died within a few years after locating in Clearfield.

Lewis Smith was admitted about 1827 or 1828, and practiced law in Clearfield till his death in 1847. He was a brother of Josiah W. Smith and was prominent in court in the trial of cases before a jury.

Seven lawyers, now deceased, may be men- tioned who were admitted to the Clearfield bar between 1830 and 1849:

Joseph M. Martin came to Clearfield about 1830 and practiced law until his death about the year 1835.

Daniel G. Fenton came about 1830 and remained till about 1836, when he left the county and went west.

George R. Barrett, a native of Clearfield county, after his admission to the bar at Lewisburg, Pa., came to Clearfield county in 1836. Here he practiced law until 1853, when he was appointed president judge of the Twenty-second district, composed of the

counties of Wayne, Pike, Monroe and Car- bon. He held this office, by appointment or election, till about 1871. In 1872 he re- turned to Clearfield, where he resumed the practice of his profession and continued in it till about 1884. As a lawyer he practiced in Clearfield county about thirty years, and as a judge presided elsewhere about eight- een years. Before his appointment as judge he had been a member of the Legislature and held other important official positions. He was a lawyer of force, tact and ability, was widely known, and had an extensive practice.

James B. Marr, having been admitted in Lewisburg, Pa., came to Clearfield about 1839. Here he died after a few years of practice.

Isaac G. Gordon also was admitted to the bar at Lewisburg, Pa. He came to Clear- field county in 1844, where he remained most of the time till 1848, when he moved to Jefferson county. About three years of this time he was in partnership with George R. Barrett. He was a man of clear intellect and high integrity. Subsequently he became a judge of the supreme court of the state and served in that office for a term of fifteen years. Part of the time he was chief justice. But his record and history belong more to Jefferson county than to Clearfield.

John F. Weaver, having been admitted to the bar in Centre county, Pennsylvania, in 1844, came to Clearfield county in 1845, where he practiced law till 1848, and served three years as deputy attorney general of the county. His beginning seemed to prom- ise success, but he gave up the law to engage in the lumber business, and afterwards be- came one of the most prominent and popular business men of the county. He died Feb- ruary 2, 1901.

Henry Bucher Swoope, now deceased, oc- cupied a prominent place among the lawyers who were admitted since 1849. He was born in Huntingdon county, Pennsylvania, in the

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year 1831, was admitted to the bar in that county in 1852, and came to Clearfield county about 1853, where he continued to practice law for about sixteen years. In 1869 he was appointed United States district attorney for the Western district of Penn- sylvania, and held this office until his death in 1874. He gave more than usual attention to oratory. His speeches were brilliant and well adapted to entertain his audience. He was in demand as a political speaker, and no speaker was more popular and attractive. He possessed qualifications fitting him for a great criminal lawyer, and in this branch of the profession he gained much success.

James Harvey Larimer deserves notice: Ile studied law at Bellefonte, Centre county, Pennsylvania. In 1854 he was admitted to the Clearfield bar, and after that lived in Clearfield and practiced law most of the time with fair success till about 1861 or 1862. He then entered the military service as first lieutenant of a company of the Fifth Pennsylvania Reserves. He was soon elect- ed captain of another company in the same regiment, and was afterwards promoted to the office of major and placed on the staff of Gen. Samuel W. Crawford. He was killed by guerrillas near Collett's Station, Va., February 14, 1863. His body was brought home. A marble monument overlooking the town marks the spot where his ashes rest. Major Larimer had the bearing and the courage of a true soldier. Larimer Post, G. A. R., at Clearfield, was appropriately named after him by his comrades in arms.

Since 1849 many additional members have been added to the Clearfield bar. Many of them are now dead. Some of them by rea- son of death or removal remained in practice only a few years; some gave attention also to other business which prevented them from attaining such prominence in the profession as they might have acquired. Some, how- ever, still in practice, by years of continuous attention to professional business have

gained both reputation and success, and their career of usefulness is not yet closed.

Thomas Holt Murray, Clearfield, was born in Girard township, this county, on the 5th day of April, 1845. He was the second of nine children born to Alexander and Isabella (Holt) Murray. The early life of Thomas was passed with his parents on the farm, where his time was employed in the summer, and cutting and getting out humber during the winter, except a short time spent in the schools of the township.

When about seventeen years of age he entered Dickinson seminary at Williamsport, intending to remain there one year and lay the foundation for such an education as would not only enable him to transact ordi- nary business, but with a fixed determination to enter professional life. From January 8, 1862, until the time of the completion of the June examinations of that year, he remained at the seminary prosecuting his studies, but failing health then compelled his return home, where he lay sick the rest of the summer. The following fall and winter he found employment in teaching at the Union school in Covington township. In the spring and summer of the year 1863 he was engaged in getting out and rafting timber, mainly in Karthaus and Goshen townships. That winter he taught the Mulsonburg school, Covington township. The early part of the next year was spent in the woods and on the river, until the month of May, when he commenced and thereafter taught a four months' term of school at Curwensville. From this place he frequently walked, after school hours on Friday night, to the home of his parents in Girard township, twenty miles distant.

His health being restored, Mr. Murray, in September, 1864, returned to Dickinson sem- inary and resumed his course of study in that institution. During this time. however, and in the early part of the year 1865, he registered as a student at law with Gen.

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Robert Fleming, of Williamsport, devoting his leisure hours to the study of Blackstone and such other text works as would train his mind for the legal profession, which he had then fully determined to enter. Before fully completing his course at the seminary, and while thus engaged, he went to Bloss- burg, Pa., and for a time engaged in the sale of books. This venture proved quite successful and enabled him to acquire suffi- cient means to complete his course and leave him a moderate surplus upon his return home. Furthermore, during this same pe- riod he taught a three months' term of school at Montoursville, in this state. In June, 1867, he was called back to the seminary to undergo the regular examinations preceding "commencement day." Having been en- tirely successful under this trying ordeal, Mr. Murray graduated from Dickinson semi- nary on the 19th day of June with the high- est honors of his class. The following winter he taught school in Bradford township.

On the 29th of May, 1868 (having, how- ever, duly registered nearly a year earlier), Mr. Murray entered the law office of H. Bucher Swoope, of Clearfield, in order that his course of legal study might be complet- ed, and nearly a year later, May 24, 1869, after a public examination in open court, he was admitted and sworn as an attorney of the courts, and on the last day of June following he opened an office in Clearfield for the general practice of the law. Five years later, at the city of Philadelphia, he was admitted to the supreme court of the state.

The personal characteristics of Thomas H. Murray are fully illustrated by his subse- quent life, and furnish an example worthy of emulation. First, honest determination ; next, application; then, perseverance, and lastly, the result, the successful accomplish- ment of that which is undertaken. While any of these elements may be sufficient for the successful transaction of ordinary busi-

ness, the whole are, in professional life, sine qua non.

For a period of more than five years Mr. Murray practiced without a partner, but in September, 1874, he formed a copartnership with Cyrus Gordon, a graduate of the Penn- sylvania State university, and also the law department of the university of Michigan, at Ann Arbor. From that time until January, 1894, this partnership continued, when Mr. Gordon having been elected to the bench, this partnership was dissolved, and on Janu- ary 8, 1894, Mr. Murray formed a partner- ship with Allison O. Smith, Esq., which is still continued.

The fact that Mr. Murray has been suc- cessful in the profession goes without saying. In a major part of the leading cases tried at the bar of the county, he is, on one side or the other, represented. His practice is gen- eral; but if there is any class of cases for which he has a preference, it is that usually termed "land cases." In the conduct of a case he is wholly devoted to the interests of his client : ever on the alert for opportuni- ties, but never taking an unfair advantage; courageous, and at times aggressive, but never carrying personal feeling beyond the doors of the court room: possessed of a good understanding of the law; strong and in favor with a jury, and scorning all that is mean, and narrow, and low; but it is as an advocate before the court and jury that he is at his best. Lawyers who, perhaps, are his superiors in all the niceties of legal lore, and in the training and polish of the schools are not infrequently amazed to find their firmest logic and finest rhetoric of no avail as against his native power and ability to convince. His strong personality, com- bined with an intuitive perception of the hidden springs that impel men's conduct and thoughts, enable him to seize upon and ex- press just the facts and illustrations which coincide with the half-formed ideas in the ininds of the jury, and lead them in his

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The twentieth century bench and bar of Pennsylvania, volume I, Part 58

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