The twentieth century bench and bar of Pennsylvania, volume I, Part 64

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


USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 64


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Frank W. Clark, a native of Tioga eounty, was born August 31, 1839, to Elijah Pineheon and Fannie (Fitzgerald) Clark. After receiving a thorough English and clas- sieal education, young Clark, in 1864, eom- menced the study of law in the office of Hon. Henry Sherwood, of Wellsboro, received his license to practice in 1866 and at onee began the praetiee of his profession at Mansfield, where he soon rose to an honored place at the bar.


Walter Sherwood, a worthy son of a worthy sire, was born in Tioga county No- vember 21, 1843. He received a good eom- mon school and academie education and taught one year in the Wellsboro academy and served one year as principal of the high school. He received his legal training under his father, the Hon. Henry Sherwood, and after his admission to the bar in 1867, spent two years as clerk for his father, with whom he then beeanie associated under the firm name of Henry Sherwood & Son. This relation continued until 1888, when his father retired and he formed with Mr. Owl- ett the firm of Sherwood & Owlett, whose


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practice has been both extensive and re- munerative. Mr. Sherwood has always given loyal support to the principles of the Democratic party, but has never sought po- litical honors, preferring to devote himself to his professional work.


Charles Tubbs, another native of Tioga county, and one of her prominent lawyers and influential citizens, was born July 11, 1843, to James and Anna (Gleason) Tubbs. As a boy he was fond of books and acquired a thorough academic education and at the age of seventeen spent one year in teaching, his last engagement being at Wellsboro academy. Continuing his studies at Alfred university, he, in 1863, was prepared to en- ter the senior class of Union college, Schenectady, N. Y., where he was gradu- ated with the class of 1864. Three years later he was graduated from the law depart- inent of the Michigan university, and im- mediately thereafter was admitted to the bar of Tioga county. During the session of 1869 young Tubbs served as transcribing clerk in the lower house of the state legisla- ture, He presided over the Republican coun- ty convention in 1876 and 1878, took an active part in the political campaign of the follow- ing two years, and in 1880 was elected to the state legislature, where during the ses- sion of 1881, he rendered efficient service on the judiciary, clection, federal relations and judicial apportionment committees. He was re-elected to the general assembly in 1882. Mr. Tubbs also, in 1879, 1883 and 1891 rep- resented his county in the Republican state conventions and wields a strong influence in the local councils of his party. He is largely interested in matters outside of his profession, and among other things has served as director of the Wellsboro National bank, and trustee of the state hospital at Blossburg.


David Cameron, a native of Glasgow, Scotland, immigrated with his parents to the United States in 1848 when he was ten


years old, and settled at Blossburg, Tioga county, Pennsylvania, where he worked with his father in the mines. He received a lib- eral education and spent some time in teach- ing school, being two years principal of the graded school in Tioga. IIc got his early legal training under F. E. Smith, at Tioga, was admitted to the bar in 1868, and in 1871 settled at Wellsboro and engaged in practice as a co-partner with Hon. John I. Mitchell, and continued that relation until Mr. Mitchell became president judge, Janu- ary 1, 1889. On April 1, 1890, Mr. Cameron was appointed assistant United States dis- trict attorney and served in that capacity two years.


Augustus Redfield, a native of Cato, Cay- uga county, New York, was born November 6, 1826, and educated at Moravia, N. Y. At the opening of the rebellion he enlisted in the Union cause and served until the close of the war. He studied law with Major George W. Merrick, at Wellsboro. was admitted to practice August 28, 1871, and began his professional work at Law- renceville, but afterwards removed to Cov- ington and won success as an able, progres- sive and conscientious lawyer.


Charles L. Peck, who was a successful law- yer of Knoxville, Tioga county, from 1872 to 1875, received his preliminary legal train- ing under Hon. Mortimer F. Elliott. at Wellsboro.


Hon. Horace B. Packer, who for many ycars has ranked among the most prominent citizens of Tioga county, holding a high place at the bar and in matters of state, is a native of Wellsboro, where he received his early legal training under Messrs. Wilson & Niles, and was admitted to practice August 26, 1873. On a petition signed by every. member of the local bar, young Packer was. in 1876, appointed district attorney to suc- ceed Hon. William A. Stone, who resigned. and at the end of his term was elected for a second term. He has always been active in


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the affairs of the Republican party, and in 1884 was chosen to represent his county in the state legislature, and re-elected in 1886. Two years later he was sent to the state Senate from the Twenty-fifth district and served there four years and was the author of the civil procedure act, a most important piece of legislature which went into effect in 1887. In 1896 Mr. Packer was elected to Congress, where he added new luster to his already illustrous career.


George W. Merrick, who is a son of Israel Merrick, and grandson of one of Wellsboro's pioneer citizens of the same name, was born in that city March 27, 1838, and there passed his boyhood. In 1861 he enlisted as a private in Company H, Sixth regiment, Pennsyl- vania Reserves, and participated in the bat- tle of Dramsville, the Peninsula campaign, and the second battle of Bull Run. Ill health necessitated his discharge from the service in 1862. Soon afterwards he was chosen captain of a company of "six-months men" for the First battalion Pennsylvania Volunteers, which he had recruited, and re- entered the service. At the expiration of the six months he recruited for three years' service what became Company A, One Hun- dred and Eighty-seventh regiment, Pennsyl- vania Volunteers, and again entered the army, and was subsequently promoted to the rank of major at Cold Harbor, at the unanimous request of the line officers of the regiment. A wound received at the battle of Petersburg, Va., July 18, 1864, necessi- tated the amputation of his leg and his re- turn home. He was tendered promotion and staff service, but being incapacitated of ac- tive service in the field, he preferred to re- turn to civil life.


Young Merrick then began the study of law with Hon. Henry W. Williams and fin- ished his preliminary course with Mr. W. H. Smith, and in February, 1869, was admitted to the bar. Just prior to this he was ap- pointed postmaster at Wellsboro and served


until June 14, 1882, when he resigned to ac- cept the nomination by the Independent Rc- publicans for the office of secretary of inter- nal affairs.


Mr. Merrick began his legal practice at Wellsboro, where he has conducted it with most gratifying success and won a place of influence among the leading lawyers of the Tioga county bar. Well versed in the sci- ence of the law and with a genius for hard work, he has diligently applied himself to the work of his profession, and both as a counselor and advocate commands universal confidence and respect.


His method as an advocate is one of en- tire fairness and candor, which gained the confidence of court and jury and went far toward gaining a favorable consideration of his cause. In cross-examination his exact memory of every fact in evidence and their logical bearing upon the issue enabled him to overwhelm and destroy a dishonest wit- ness ; but these powers were never exercised upon an honest or mistaken witness.


With a jury, his thought was, matter, not manner, substance, not show. To impress on the jury his view of the evidence, to throw light into the jury box, not darkness, by a plain narration of facts with a clear exposition of the law of the case was not only the right way, but the surest way to win verdicts.


In argument to the court, he sought with logical clearness to address himself to the rules of law as applied science, and his man- ner was one of straightforward directness. To the court he was deferential, but not obsequious, and he guarded the rights of the humblest client from attempts at judicial encroachment. The application of these methods and principles have brought him some marked triumphs at the bar, a fair clientage and what he thinks better, the re- spect of his neighbors.


Mr. Merrick cast his first ballot for Abra- ham Lincoln in 1860, and has always been


growmerrick


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an ardent advocate of the principles of the Republican party-according to the prin- ciples of the early Republican fathers.


John William Mather, one of the best known lawyers of Tioga eounty, is a native of Dundee, N. Y., and was born Novem- ber 5, 1847, to James H. and Lydia (Dean) Mather .- The family removed from New York to Lawrenceville, Tioga county, where for twenty years James H. Mather was a manufacturer of fanning mills. John was graduated from the Mansfield Normal school in 1871, then engaged in teaching, and studied law with Messrs. Elliott & Bosard at Wellsboro, and on August 26, 1873, was admitted to the local bar. Five years later Mr. Mather was admitted to practice in the adjoining counties and to the state supreme court in 1881.


Mr. Mather has been somewhat active in politieal affairs, being a Republican in polit- ical sentiment. He was appointed deputy United States marshal of the Western dis- trict of Pennsylvania in 1883, and served until May, 1885, and in 1886 was elected to the office of district attorney.


F. F. Watrous, one of Tioga's able and influential lawyers, was born at Windsor, N. Y., April 4, 1851, and received his early education in his native state, attending the Mansfield Normal school and the Pough- keepsie Business college. He began his law studies in 1873 under Hon. Mortimer F. Elliott, at Knoxville, and in 1874 settled at Wellsboro, and there continued his studies with Mr. Elliott and in January, 1876, was admitted to the bar. In .1879 Mr. Watrous became associated as a partner with his former preceptor, and has since continued that relation, the firm being engaged in a large and remunerative practice, extending into all the state and federal courts.


cated in the public schools of Wellsboro, entered the Union army in 1864, and after his returning home at the close of the war, studied law with Hon. John I. Mitchell and David Cameron. Ile was admitted to the bar February 1, 1876, and at once began his practice at Wellsboro. From 1880 to 1883, Mr. Foote served as district attorney, was sent to the General Assembly in 1884, and re-elected in 1886. In 1889 he was appointed assistant under Attorney General Miller, in the department of justice at Washington, D. C., and served in that capacity until 1893, and has an extensive practice at the national capital.


Henry W. Roland, who has been in active practice since his admission to the bar in August, 1876, received his legal training under Hon. William A. Stone, and is counted one of the successful and leading lawyers of Tioga county.


John S. Ryon, who has been in active practice since his admission to the bar in 1877, received his early legal training under Maj. George W. Merrick. He was admitted to the bar of Potter county in 1861, to the United States court in 1886, and in 1894 to the supreme court.


Darius L. Deane has been in active prac- tice since his admission to the bar in 1878. He is a native of Tioga county, was born January 22, 1840, and is a son of Erastus P. Deane, a surveyor. Darius received a liberal education and worked as a surveyor with his father until 1863, when he entered the army as a private in Company K, Two Hun- dred and Seventh regiment Pennsylvania Volunteers, and was discharged June 23. 1865, with the rank of sergeant major. Mr. Deane was elected register and recorder of Tioga county in the fall of 1866, and served in that capacity for nine years, after which he took up the study of law.


Henry M. Foote, who is counted among Tioga county's successful lawyers, is a son S. Fowler Channell, who has been in active practice of the law at Wellsboro since his of Dr. Ira A. Foote, and was born in Che- nango county, N. Y :; in 1846. He was edu- . admission to the bar in 1880, is a native of


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Canton, Pa., and was born November 21, 1848. After finishing his preliminary studies he studied two years at Lafayette college and in 1877 began his law studies with Hon. Henry Sherwood at Wellsboro. Mr. Chan- nell carried on his practice alone until 1884, when he became associated as a partner of Mr. Henry M. Foote, which relation con- tinued until 1887, when Mr. Foote removed to Washington, D. C.


H. L. Baldwin has conducted a successful legal practice at Tioga since his admission to the bar in 1880. He was born September 29, 1845, at Medina, Ohio. He received a liberal education, studying at Franklin In- dustrial Institute at Cooperstown, New York, and at the State Normal school at Mansfield, and later pursued his law studies under Mr. Frederick E. Smith, of Tioga. .


John T. Gear, who has been a member of the Tioga county bar for nearly a quarter of a century, was born at Pittsford, N. Y., October 4, 1854, to John and Mary A. (White) Gear, both natives of England. After finishing his preliminary education, he, in 1879, began his law studies at Couders- port, Potter county, Pennsylvania, and two years later was there admitted to practice, and in December of the same year he was admitted to the bar of Tioga county. Mr. Gear at once settled at Knoxville, where he has built up and carried on a successful gen- eral practice, and won a position of influence among the best lawyers of Tioga county. A Republican in political faith, he has taken a commendable interest in affairs of state, and has been honored with numerous local offices of trust.


Robert Kennedy Young, who was one of the original promoters of the Wellsboro Electric company, and since its organization has served as its manager and counsel, was born at Wellsboro, June 14, 1861. He re- ceived his legal training under Major George W. Merrick, and after his admission to the bar in August, 1884, he spent some time


traveling in Europe, and on his return formed with his former preceptor the well known law firm of Merrick & Young. In 1896 he was elected to the state legislature on the Republican ticket, and there rendered efficient service.


Arthur James Shattuck, born at Corning, N. Y., October 2, 1859, settled at Blossburg, in Tioga county, in 1856. He was graduated from Lafayette college in 1881, and in the fall of the following year began the study of law with Messrs. Elliott & Watrous, at Wellsboro, and on August 26, 1884, passed his examination and received his license to practice. Mr. Shattuck has been somewhat active in political affairs, and in 1891 was chairman of the Republican county com- mittee.


Hon. Walter T. Merrick, who ranks among the leading citizens of Tioga county, was born in Charleston township, June 2, 1859, and is the son of Jacob B. Merrick. Young Merrick received a liberal education, studied dentistry and for a time practiced that pro- fession with his brother, D. O. Merrick, at Blossburg. He began his law studies at Tioga in 1881, with Mr. Charles H. Seymour, but finished his course with Messrs. Merrick & Young at Wellsboro, and in 1886 was ad- mitted to the bar, and began his practice at Blossburg. Young Merrick took an active interest in political affairs and in 1892 was elected on the Republican ticket to the state legislature, and was re-elected in 1894. Dur- ing the last named year he was a member of the Republican state convention and sup- ported Mr. Hastings for the governorship, and seconded the nomination of Mr. Robin- son for lieutenant governor. Mr. Merrick was the unanimous choice of his party in Tioga county for state Senator in April, 1896, and at the fourth meeting of the sen- atorial conference in August following, was unanimously nominated for the office and elected by a gratifying majority at the gen- eral election of November 3. He is a man of


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TIOGA COUNTY


progressive ideas and is recognized as one of the influential men of his party.


Edward Howland Owlett, an able and popular member of the Tioga county bar, is a native of Chatham township, a son of Gil- bert B. Owlett, and was born November 22, 1859. He passed his boyhood on his father's farm, and received a liberal education, fin- ishing his studies with a course at the State Normal school at Lock Haven in 1883.


Young Owlett then taught school three years, and in 1886 beeame a law student in the office of Henry Sherwood & Sons; in April, 1888, he was admitted to the bar, and a few months later formed copartnership of Sher- wood & Owlett. Mr. Owlett soon took a high stand in his profession, and from 1892 to 1895 was the official distriet attorney of Tioga county.


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ELK COUNTY


The first courts of Elk county were held in the old schoolhouse at Caledonia. The walls on three sides were standing until re- cently, in a fair state of preservation. A recent measurement of the walls made by Erasmus Morey and Squire Dickson showed the building to have been 20x24 feet in size.


The first record of the courts of Elk county is dated December 19, 1843. James L. Gillis and Isaac Horton, associate judges, were present, and before them William J. B. Andrews qualified for the office of Prothono- tary; Uriah Rogers was appointed crier; B. Rush Petrikin, George R. Barrett and Lewis W. Smith were present, and permitted to practice in the courts of Elk county. This completed the round of business, and court adjourned to February 19, 1844. Judge Alex McCalmont was present in February, and at this time N. W. Goodrich, D. B. Jenks, Jesse G. Clark and L. T. Parmelee were ad- mitted to the county bar. In March the court assembled, but adjourned till May 20, when a petition for a new township was pre- sented and the original county seat commis- sioners asked to show cause why they should not report their proceedings to the consti- tuted authorities of Elk county. The first grand jury of the county was empaneled on September 16, 1844. At the same time S. J. Goodrich, S. P. Johnson, I. Y. James, George W. Carskadden and William A. Williams were admitted to the bar. In December, C. B. Knapp and Robert Wallace were ad- mitted. Hiram Payne and John S. McCal- mont were admitted to practice here in Sep- tember, 1845. Martha Worden was indicted for murder, but a jury found that she was not guilty as charged. and in December, C.


D. Curtis and L. B. Wetmore were admitted. Lewis M. Burson, James Campbell, George W. Teigler and W. Hecker were admitted to the bar in September, 1846. In 1848 the grand jury presented the fact that the coun- ty stovepipes were going to waste for want of care. William P. Jenks, B. D. Hamlin and Mr. Bishop were admitted to practice. In 1849 William A. Stokes was admitted to practice here, and in September Joseph Buf- fington took his seat as president judge. In February, 1852, Judge White presided; Andrew G. Curtin, Dave Boal and John L. Cuttle were permitted to practice at this bar. In June, 1853, H. A. Patterson and Charles Horton were admitted, and Reuben Mickle in the fall following. In March, 1854 E. B. Eldred and John G. Freeze were admitted. and in May James G. Gordon and T. J. Mc- Cullough. In October, 1855, E. S. Dundee was admitted. In January, 1856, Joseph B. McEnally, and in December, J. A. Boyle. A. A. McKnight was admitted in 1858, Samuel Linn and Edward Blanchard in 1859, and Warren Cowles in 1860. From this period until June, 1860, when George A. Rathbun was admitted, there is no record of additions to the bar of Elk county. In October John G. Hall was admitted, and in January, 1864, Louis Grunder. In January, 1867, P. W. Jenks, O. T. Noble and W. W. Brown were permitted to practice here, and in Angust, H. C. Parsons. C. Luhr was appointed court interpreter at this termn, and in November, C. O. Bowman, S. E. Woodruff, W. H. Arm- strong and C. W. Huntington were enrolled as incmbers of the bar. In 1868 John B. Newton and C. H. Gross were admitted mem- bers of the bar. also Elijah H. Clark, V. O,


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Smith, and A. V. Parsons. In April of this year, President Judge H. W. Williams took his seat on the bench. The trial of Mrs. J. H. Scott for poisoning her husband on June 7, 1873, took place in January, 1874. J. K. P. Hall represented the state. The woman was found not guilty. The murder of old William Falen by William Bromley took place in Horton township, July 19, 1873. In May, 1879, M. O. Hearn, of St. Mary's, was sen- tenced to a fine of one hundred dollars, and eight years' solitary confinement in prison for manslaughter. In September, 1880, the trial of Harry English for the murder of Frank Warnith, of Caledonia, on April 17, took place before Judge Wetmore. Messrs. Worzell, G. A. Jenks, J. G. Hall and C. H. McCauley prosecuted, and P. R. Cotter, A. B. Richmond, Eugene Mullin and W. W. Ames defended. The jury acquitted the prisoner. In May, 1886, William C. Bush, who was charged with the murder of Phillip P. Bush, near Wilcox, was captured; on September 24 he was sentenced to death by Judge Mayer, but his sentence was commuted to imprisonment for life.


The attorneys who practiced here from August, 1868, to May, 1879, exclusive of the above mentioned, are named in the following list: 1868, M. W. Acheson, Frank Barrett, Lyman Stephens; 1869, Samuel A. Purvi- ance, Wilson C. Kress, Charles Albright ; 1871, F. O. Bailey, W. W. Ames; 1872, J. C. Johnson, E. S. Goulden, John H. Orvis, C. H. McCauley; 1873, W. P. Mercelliott, Robert P. Allen ; 1874, William M. Lindsey, D. S. Herron. Charles Dinsmore, B. W. Green : 1875, J. Ross Thompson, C. S. Cary, B. S. Bentley, F. D. Leet, A. L. Gordon; 1876, C. W. Stone, Henry W. Watson, Charles Bar- tles, Jr., R. M. Chamberlain, W. S. Hamblen, Charles Geddes; 1878, George R. Dixon, J. M. Schram, M. S. Kline, W. M. Rightmyer; 1879, C. II. Noyes, George W. Wurzell, L. J. Blakeley.


In 1880 P. R. Cotter. Eugene Mullin,


Schnurr & Metzgar were permitted to prac- tice here, and also A. B. Richmond, Rufus Lucore and George P. Griffith. In January, 1881, the name of M. S. Kline appears on the roll of attorneys. In May, resolutions on the death of Matthew L. Ross, the old court crier, was adopted. In May, 1882, Charles B. Earley was admitted to the bar, and Isaiah H. Brown and H. H. IIall in Septem- ber. In January, 1883, Earnest J. Wimmer was enrolled as a member of the bar. George A. Allen. S. W. Pettit and J. P. McNarney were enrolled as attorneys in May. In May, 1885, J. Bayard Henry and F. P. Prichard were permitted to practice here; A. E. Whit- ney was admitted, in November; A. L. Cole. of Clearfield, Messrs. Chapman, McClure and Wallace, of Mckean, were permitted to sign the roll. In 1886, S. M. Brainerd, of Erie, W. W. Ames and N. M. Orr, of Mc- Kean, and Truman Ames, of Clearfield, en- rolled their names. W. W. Barbour was admitted here in September, and N. T. Arnold and F. II. Ely were formally en- rolled.


For the above we are indebted to J. H. Beers' Ilistory of Elk County.


The following is a list of the present mem- bers of the bar :


Harrison M. Powers, James K. P. Hall, Rufus Lucore. Calvin Hudson McCauley, W. S. Hamblen, George R. Dixon, Madison S. Kline, Harry Alvin Hall, Norman Theodore Arnold, Fred H. Ely, W. W. Barbour, Allen WV. Morningstar, John G. Whitmore, William A. MeClure, E. J. Jones, D. J. Driscoll, F. A. Hauber, I. A. Hamblen, James C. McFar- land, Calvin II. McCauley, Jr.


C. H. McCauley, Ridgway, was born in Elk eounty, Pennsylvania. in July, 1850. His early life was full of hard work and many hardships. He was largely dependent upon his own exertions, and commenced life working on a farm, and in the lumber mills. Ile was educated in the common schools, in the high school at l'ainsville, Ohio, and at


.


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THE BENCH AND BAR OF PENNSYLVANIA


the university at Lewisburg, Pa. When only seventeen years old he commenced teaching sehool. He had a natural taste, however, for law, and in November, 1868, commenced a systematie reading. On the 7th of August, 1872, he was admitted to practice in the eourts of Elk county, in 1875, to the supreme court of Pennsylvania, and later to the United States circuit court. In 1875 he was elected distriet attorney of Elk county on the Demoeratie ticket and held the offiec for three years. When Ridgway was ineorpor- ated as a borough in 1881, he beeame a mem- ber of the borough council and for three years was president of that body. He was re-elected in 1888, and served another three years as president. The duties of a great praetice have, however, sinee so absorbed his time that he has deelined to allow him- self to be drawn into political affairs.




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