The twentieth century bench and bar of Pennsylvania, volume I, Part 59

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

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CLEARFIELD COUNTY

favor; to this end the whole language and manner of the man are all-powerful.

While Mr. Murray stands pre-eminent in his chosen profession, yet the scope of his abilities and attainments is by no means en- compassed by his knowledge of law alone; his work in the field of literature, both as an essayist and as a lecturer, are only prom- inent because abridged by the arduous du- ties of professional life. He has lectured on different subjects in many prominent places throughout the state. These efforts were invariably received with the greatest favor by those competent to judge, and the press as well.

In the political affairs of the county Mr. Murray has been a no less powerful factor as the advocate of Republican principles and the champion of Republican rights. His entry into politics dates as far back as the vear 1861, at which time his first political speech was made. In 1869 his power as a leader was acknowledged, and he was placed at the head of his party organization in the county, which during the succeeding eight years was under his management. During this period, by his advice, the party made a departure from regular methods, and suc- ceeded not only in forcing the opposition into the nomination of proper candidates, but eventually in capturing to the Repub- lieans some of the most desirable county offices, and this in the face of a standing majority of something like two thousand votes. Upon two occasions, by his counsel and advice, the party made no county nomi- nations, but joined with the conservative and independent Democrats, as against the "ma- chine" candidates, and administered to them a most severe chastisement. He has fre- quently been a delegate to the state conven- tions of his party, and in 1876 was elected by the state convention as delegate to the na- tional convention at Cincinnati, where he was an active supporter of Blaine for presi- dent.

In October, 1880, Mr. Murray was placed in nomination by the Republican district convention as a candidate for Congress from the Twentieth Congressional district of Pennsylvania, against ex-Governor Andrew G. Curtin, the candidate of the Democracy. Although defeated at the polls, he succeeded in reducing the standing majority of the district by more than one thousand votes. This was the only instance in which he has been a candidate for public office.

Notwithstanding the active and carnest work performed by him in the arena of poli- ties, Mr. Murray never so engaged willingly, but with the greatest reluctance, as all such participation ran dircetly counter to his in- clination and taste. But the party lacked organization and leadership, duty called him there, and there could he be found until the stress of professional business compelled less active work in that field of labor.

In the cause of temperance Mr. Murray has been an active worker. He has never consented to act as attorney for an applicant for license, but when connected with such cases has invariably opposed the application. Brought up under the teachings of the Meth- odist Episcopal church, while at Williams- port, in January, 1865, he united with that church. On returning to Clearfield he be- came an active and influential member there, and for many years has been president of the board of trustees of that society. In June, 1884, he was made one of the board of directors of Dickinson seminary.

He has been a member of every general conference of his church since 1884, and was also a member of the ecumenical council held in London in September of 1901.

On the 9th of July. 1872, Thomas H. Murray married Miss Jennie Reighard, of Williamsport, of which marriage four chil- dren have been born.

It is at the fireside, as well as in the office, in the unrestricted flow of familiar conver- sation, when unburdened of overcare and

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overwork, that his most pleasing traits are exhibited. His devotion to home and family, his genial charaeter, his well-trained mind, his literary taste and his wonderful memory combine to make him one of the most inter- esting of companions.

Allison Opp Smith .- Among the suecess- ful lawyers of Clearfield county who have won a conspicuous place in the profession by studious habits and faithful work, the sub- ject of this sketch well deserves mention. He was born in Limestone township, Mon- tour county, Pennsylvania, October 23, 1857, to Simpson and Charlotte (Opp) Smith, both natives of Lycoming county, highly re- speeted and prosperous farmers. His grand- father, Jonathan Smith, was a native of Philadelphia county, and his great-grand- father, Col. George Smith, was a soldier in the Revolutionary war, and represented that county in the General Assembly. His grand- inother, Ann Simpson, and great aunt to U. S. Grant, married Jonathan Smith in 1796, and went direct to Lycoming county, Penn- sylvania, where they lived until their de- cease.

Allison spent his boyhood days attending the common schools and Dewart academy, afterwards attending the Bloomsburg State Normal school and the state college at Bellefonte, where he graduated with high honors in the class of 1879. He read law in the office of Osear Foust at Watsontown, Northumberland county, during the year of 1880, and afterwards registered in the office of Redding, Jones & Carson, of Philadelphia,

subsequently graduating from the law de- partment of the Pennsylvania university in June, 1882. In September of the same year he located in Clearfield county and was ad- mitted to the bar in the January term, 1883. After practicing sueeessfully alone for eleven years, in 1894 he associated himself with T. H. Murray, under the style of Mur- ray & Smith. They enjoy a large and luera- tive general practiee, but to some extent they have made corporations a specialty. They have been engaged in a large amount of important litigation in all the state and federal courts, and are attorneys for the Pennsylvania Railroad Company, the New York Central, and the Buffalo, Rochester & Pittsburgh railways.

In politics Mr. Smith is a Democrat, and has been an active partieipant in the local and state affairs of his party. He was elect- ed burgess of Clearfield, serving three years : was also member of the city council and school board, served one year as chairman of the Demoeratie county committee, and delegate to several conventions. A member of the Masonic order, he has passed through all the chairs of the Blue Lodge and is a inember of the Chapter. Mr. Smith has been a stockholder and director in the Clearfield Electric Lighting Company since its organi- zation.

At Clearfield, October 17, 1888, Mr. Smith was married to Miss Margaret Helen, daugh- ter of Senator Wallace. To them have been born one son, Wallace, and three daughters, Charlotte, Margaret and Rebecea.

405

LYCOMING COUNTY

BY W. C. GILMORE

Lycoming county was erected from the county of Northumberland by act of the leg- islature of Pennsylvania, passed April 13, 1795, in which act, among other things, its boundaries were described and its courts es- tablished. Concerning the judiciary the act provided as follows: "That the judges of the Supreme Court, and the president of the Third judicial district, of which district the said county of Lycoming is hereby declared to be a part, as well as the associate judges which shall be commissioned in and for the county of Lycoming, shall have the powers, jurisdictions, and authorities within the same as are warranted to, and exercised by, the said judges in other counties of this com- monwealth."

1795-1806.

At this time Jacob Rush was president judge of the Third judicial district referred to in the act above cited. On April 15, 1795, Governor Mifflin commissioned Samuel Wal- lis, William Hepburn, John Adlum, and Dr. James Davidson, first, second, third, and fourth associate judges respectively to or- ganize the judicial machinery for the new county. They first met at the village of Jaysburg, west of the mouth of Lycoming creek, and within the present limits of the city of Williamsport, and effected an organ- ization. William Hepburn was elected pres- ident. This was probably between the 15th and 20th of April, 1795.

Hon. Jacob Rush, who was president of the Third judicial district at the time Ly- coming county was erected, was born near

Philadelphia, in 1746. He was a brother of the celebrated Dr. Benjamin Rush of revo- lutionary times. At the age of nineteen he was graduated from Princeton college. He continued to preside over the courts of Ly- coming county until February, 1806, when Lycoming county was attached to the Eighth judicial district, composed of Lycoming, Northumberland, and Luzerne counties. Judge Rush was for many years president judge of the court of common pleas, Phila- delphia, where he died January 5, 1820.

William Hepburn was born in county Donegal, Ireland, in 1753, and came to the West Branch Valley about 1773. Although without legal learning he discharged the re- sponsible duties of judge with ability and fairness. He took an active part in protect- ing the frontier settlers from incursions of the Indians, and rose to the rank of colonel with headquarters at Fort Muncy. He proved himself a good soldier, his name be- ing frequently mentioned in the colonial records. In 1794, he was sent to the state senate, and succeeded in having Lycoming county organized. Judge Hepburn was twice married, and was the father of nine- teen children. His first wife, whom he mar- ried in 1777, was Crecy Covenhoven, a sister of the famous scout, spy, and soldier, Rob- ert Covenhoven. She died April 8, 1800, aged seventy-one years, leaving three sons and seven daughters. His second wife was Elizabeth Huston, daughter of Thomas and Jane Huston of Williamsport, and sister of. Charles Huston, the eminent lawyer, and judge of the Supreme Court. By her he

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had four sons and five daughters. Judge Hepburn died June 25, 1821, aged sixty- eight years.

1806-1811.

Thomas Cooper was appointed Mareh 1, 1806, as president judge of the Eighth judi- cial distriet. He was born in London, Oc- tober 22, 1759, was edueated at Oxford, and beeame famous as a chemist, and also ae- quired an extensive knowledge of law and medicine. Favoring the French revolution of 1798, he was expelled from England and joined his fellow exile and friend, Dr. Jos- eph Priestly, at Northumberland. Owing to his peeuliar notions, and his very violent temper he soon came in confliet with the bar, was impeached and removed in 1811. Among the charges preferred was one stating, "that he appeared armed with deadly weapons at the court house in Williamsport." This he admitted, but justified himself beeause he said he had been threatened with personal violenee. After his removal he beeame pro- fessor of chemistry at Dickinson eollege, Carlisle, and died subsequently in South Carolina at the age of eighty-one.

1811-1833.

Hon. Seth Chapman was appointed to the position made vaeant by Judge Cooper's re- moval on July 10, 1811. He was born Janu- ary 23, 1771, and having been admitted to the bar, settled at Northumberland. He was a very talented lawyer and jurist, but dur- ing the latter part of his term beeame so slothful and negligent of his judicial busi- ness that articles of impeachment were pre- ferred against him. He was tried and ac- quitted, and then, on October 10, 1833, re- signed after being on the bench twenty-two years. He died at Northumberland Decem- ber 4, 1834.

1833-1843.

Hon. Ellis Lewis was commissioned presi- dent judge of the district October 14, 1833. He was born at Lewisburg, Pa., May 16,

1798. In 1819 or 1820 he came to Williams- port, where he read law under Espy Van Horn, and was admitted to the bar Septem- ber 2, 1822. In 1829 he located at Wells- boro, and beeame prosecuting attorney for Tioga eounty. After that he spent some time at Towanda, Bradford county, from whiel plaee in 1832 he was sent to the lower house of the legislature. In January, 1833, he became attorney general for Pennsyl- vania. In October of the same year Gov- ernor Wolfe appointed him president judge of the distriet, as stated above, in which offiee he served until January, 1843, at which time he was appointed president judge of the Lancaster distriet. He was elevated to the supreme beneh in October, 1851, and be- eame chief justice November 17, 1854, retain- ing this position till November 17, 1857, when he retired to private life. In addition to his judicial labors he prepared a work en- titled, "Abridgment of the Criminal Law of the United States," besides frequently con- tributing to periodicals of the day, various artieles on literary topies. He was married in 1826 or 1827 to Miss Wallis, daughter of Joseph J. Wallis of Williamsport. He had two sons and one daughter. He died in Philadelphia, March 19, 1871.

1843-1844.

Hon. Charles G. Donnell succeeded Judge Lewis on the bench of this judicial distriet. He was born at Williamsport, March 14, 1801. His father and grandfather were prominent in the early affairs of Lyeoming eounty. He was admitted to the bar at Sunbury at April sessions, 1822, and in 1829 he was appointed deputy attorney general for Northumberland county, and served four years. Governor Porter commissioned him president judge January 14, 1843, and he at once entered upon the duties of his of- fice. He served until March 16, 1844, at which time he died suddenly from the result of an aeeident.

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LYCOMING COUNTY

1844-1851.

Hon. Joseph Biles Anthony was appointed by Governor Porter to sueeeed Judge Don- nell in 1844. He was born at Philadelphia, June 19, 1795, graduated at Prineeton and then took up his residenee at Milton, Pa. While engaged in teaching at the academy at that place he read law with Samuel Hep- burn and was admitted to the bar November 26, 1817. He located permanently at Wil- liamsport in 1818. He was undoubtedly one of the most popular citizens of his day in Lyeoming eounty, or, indeed, in the eentral part of his state. He was sent to the State Senate in 1830 and four years later to Con- gress, and was chosen to serve a second term. His popularity at the last eleetion is evi- deneed by his unprecedented majority, he carrying every township of every eounty in his distriet and every ward in every bor- ough. Judge Anthony was a strong man in- telleetually, and was also a great lover of amusement. He was famed for his wit, and his fund of aneedote was never exhausted. He was a handsome man, of rotund figure, eleanly shaven faee, and of medium size. He easily made and kept many friends. As a judge, he was sternly upright and impartial, and his honesty of character and purpose won for him the good opinion of all men. He died in Williamsport, January 10, 1851. Judge Anthony married Miss Grafius of Williamsport. They had one son and six daughters, all of whom are dead.

1851.

Hon. James Pollock was appointed to fill the vaeancy eaused by the death of Judge Anthony. (See sketeh in Union eounty).

ELECTIVE JUDICIARY.

1851-1868.

By the amendment of 1850 the office of president judge was made eleetive and the judicial term fixed at ten years. Following this eame the aet of April 15, 1851, rearrang-

ing the judicial districts and the Eighth was constituted as follows: Northumberland, Lyeoming, Centre and Clinton.

Hon. Alexander Jordan was the first judge to be elected under the amended eonstitu- tion. Ile was born at Jaysburg, May 19, 1798. His father, Samuel Jordan, was an early settler at that place, and became the keeper of the first jail, whieli office he filled until the first prison was built in Williams- port in 1801. About 1802 the father removed to Milton, where young Alexander received his rudimentary edueation. While a mnere lad, in the war of 1812, he marelied aeross the state with the militia to Meadville, and aeted as deputy commissary. He then spent some time elerking in a store, and after- wards in the prothonotary's office at Sun- bury. At this place he read law and was ad- mitted to the bar April 19, 1820. In his ea- reer as a lawyer, he met with mueh success. In 1826 he was made prothonotary of the Supreme Court for the middle district. In polities he was a Demoerat, and in his eam- paign he received a large majority on ae- eount of his reeognized ability as well as his personal popularity. When his term of of- fiee expired, lie was re-elected and served until 1871, a period of twenty years. Ly- coming county was taken from his district by virtue of the act of February 28, 1868, and Judge Jordan from that time on pre- sided over the remaining counties. He died in Sunbury, October 5, 1878.

1868-1869.

Hon. Benjamin S. Bentley .- By virtue of the aet of Assembly of February 28, 1868, Governor Geary appointed Mr. Bentley judge of the courts of Lycoming eounty, the said aet making it a separate judieial dis- triet. Judge Bentley was born at Cairo, Green county, New York, early in the cen- tury ; was educated at Hamilton, studied law at Montrose, Pa., with Hon. William Jessup, and was admitted to the bar in 1839. He

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THE BENCH AND BAR OF PENNSYLVANIA

praeticed law at Montrose until 1866, when he came to Williamsport, and after his ap- pointment as judge served until January, 1869. He was appointed president judge of Lackawanna county in 1878, serving in that eapacity until 1880, when he returned to Williamsport, and resumed the praetiee of the law. He died Mareh 6, 1882.

1869-1879.

Hon. James Gamble, who was ehosen pres- · ident judge at the October eleetions of 1868, was born near Jersey Shore, January 28, 1809. He studied law at Jersey Shore in the offiee of A. V. Parsons, Esq., and was admit- ted in December, 1833. He served as eounty treasurer for two years and in 1841 and 1842 was a member of the lower house of the leg- islature of Pennsylvania. He was elected to Congress in 1850 and again in 1852, after which time he praeticed law until his eleva- tion to the bench. During his serviee' as judge he passed upon many exciting and im- portant cases with impartiality and ability, and he was rarely reversed by the Supreme Court.

An interesting incident of his term was the passage of the act of March 16, 1869, re- pealing the act of 1868, which made Lyeom- ing a separate judicial district, and annex- ing Lycoming county to the Fourth judicial district, composed of the counties of Tioga, McKean, Potter, Elk, and Clearfield. This legislation ereated great excitement and op- position, which resulted in litigation, and the Supreme Court (Commonwealth vs. Gamble, 62 Pa. 343) held the act of 1869 to be unconstitutional and void beeause it in- fringed on the tenure of the judicial offiee.

Judge Gamble was married to Miss Eliza- beth Breneman of Columbia, Laneaster county, Pennsylvania. Four children were the result of this union, two sons and two daughters. He was a member of the Pres- bytcrian church from early life and took an active interest in its affairs. In politics he

was a Democrat. Ile was dignified in man- ner and of high character. He was particu- larly kind to the younger members of the bar, and was affable and courteous to all. At the close of his judicial term he lived a retired life, surrounded by family and friends, and dicd February 22, 1883.

1879-1889.

Hon. Hugh Hart Cummin was elected pres- ident judge of Lycoming eounty on Novem- ber 5, 1878, having been nominated by the people, and running as an independent can- didate. He was born at Liverpool, Perry county, Pennsylvania, May 25, 1841. He was chiefly self taught, and became in time a well read man. He came to Williamsport in 1862 and entered the law office of George White, Esq., becoming his partner after his admis- sion to the bar in 1864. His practice was quite large, particularly in the office work of the lawyer. Promptness and vigor were his eharaeteristics as a judge. When he came to the beneli, eauses were rarely heard in less than two or three years after their eom- mencement, but in a short time he brought up the list to a point where cases would be tried at the same or next term to which they were brought. Notwithstanding that he was elected as an independent candidate, Judge Cummin was a Democrat. At the expiration of his term he opened a law office and re- sumed the practice of his profession. Shortly afterward he was appointed by Governor Beaver to the eare of the persons distressed by the great floods of June 1, 1889, and while engaged in this work at Johnstown, he was stricken with the disease which ended his life on August 11, 1889. His funeral, which was public, was attended by many dis- tinguished men from all parts of the state.

1889-1900.

Hon. John J. Metzger was elected presi- dent judge of this district in November, 1888, and re-elected in November, 1898. He

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LYCOMING COUNTY'

was born in Clinton township, Lycoming county, Pennsylvania, June 20, 1838, and was educated in the public schools and at Dickinson seminary. Having studied law in the office of A. J. Dietrick, Esq., he was ad- mitted to the bar in April, 1860. In 1862 he was elected district attorney, serving for three years. In 1872 he was elected a nicm- ber of the constitutional convention, and as- sisted in framing the present constitution of Pennsylvania. He attained high distinction at the bar. Ile was an able advocate, and one of the best jury lawyers ever in the county. He had a keen instinet for the minut- est particulars of a given case, and was forewarned and forearmed in every trial. On the bench, he surprised and delighted friends and opponents alike by his fairness, his impartiality, as well as by his prompt- ness and vigor. He was a consummate mas- ter of the art of politics, and. for at least twenty-five years previous to his death, he was by odds the dominant power in the councils of his party in Lycoming county. His knowledge of men and the motives that control them was profound and unerring. This rendered it possible for him to succeed in politics, and certainly helped him to for- mulate sound opinions when on the bench. He had a charming personality, and died leaving a record of legal and judicial ability of the highest type.

His first election in 1888, was by a nar- row margin which resulted in a contest. The judges, Hon. W. M. Rockefeller, Hon. Joseph C. Bucher, and Hon. Charles A. Mayer, were directed by a precept of the governor to convene the court of common pleas of Ly- coming county to determine this contest. After taking a large amount of testimony, counting the ballots and attending to other matters incident to such a contest, the judges decided that John J. Metzger had been legally elected, and that his plurality was larger than the election returns had pre- viously shown.

In 1898, so great was his popularity, and so well had he filled the judicial office, that Judge Metzger was nominated by both the Democratic and Republican parties, and his eleetion was by a very large vote. His death occurred September 27, 1900.

1900-1902.

Max L. Mitchell .- For some time after the death of Judge Metzger, the county of by- coming was without a judge. Governor Stone tendered the appointment to Addison Candor, Esq., who, after mature delibera- tion, declined the proffered honor. Finally, on the 19th of November, 1900, the governor appointed Max L. Mitchell to serve until his successor could be elected. He entered upon the duties of his office at once, and served with satisfaction until January, 1902. Judge Mitchell belonged to the younger men of the bar, having been born at Williamsport, Jan- uary 23, 1866. He was educated at Wil- liamsport Dickinson seminary, and gradu- ated at Dickinson college in 1887. IIc read law with Judge Samuel Linn, and was ad- mitted to the bar in January, 1889. In 1890 he was appointed elerk of the United States conrt, holding this position until shortly be- forc his elevation to the bench. At the cx- piration of his appointed term he resumed, and is still engaged in, the practice of law at Williamsport, Pa.

Hon. William W. Hart, Williamsport .- A' native of Clinton township, Lycoming county, Pennsylvania, William W. Hart was born Angust 23, 1843, and is a son of Adamı and Eleanor Hart. His father, who was born in Northumberland eounty in 1788, set- tled in Clinton township, Lycoming county, at an early day, and for many years was a man of influence in his community. He lived to the advanced age of more than one hun- dred and one years and died in 1890, loved and respected by all who knew him. He was a soldier in the war of 1812, as his father, also, had been in the Revolutionary war.

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THE BENCHI AND BAR OF PENNSYLVANIA

William passed his boyhood on his father's farm, doing the work that usually falls to the lot of a farmer's boy, and attending the district sehools; later he attended the select school at Muncy, conducted by Mr. Bacon, and finished his schooling at Tuscarora academy. In 1861, his two elder brothers, who had charge of their father's farm, hav- ing entered the war of the Rebellion, the elder becoming captain of Company K, Fifth Regiment, Pennsylvania Volunteer Cavalry, William, who was then eighteen years old. assumed the duties of carrying on the farmn during the summer months, and pursuing his studies at Tuscarora academy during the winters until the close of the war, 1865. After finishing his academic studies, young Hart, in January, 1867, began a course of law studies in the office and under the direc- tion of the late Judge Metzger, and on April 29, 1869, passed his examination and was admitted to the bar of Lycoming county. He soon afterward opened an office, and since that time has continued in the active practice of his profession. Mr. Hart's prac- tice has embraced all branches of the law, and brought him into more than ordinary prominence on account of his connection with many noteworthy cases. In the Or- phans' Court especially, he has had a large practice, and is widely known as a skillful trial lawyer and advocate.

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The twentieth century bench and bar of Pennsylvania, volume I, Part 59

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