The twentieth century bench and bar of Pennsylvania, volume I, Part 66

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 66

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Thomas Collins was another who was much before the courts in Beaver. He re- ceived his early legal training in Pittsburgh and afterwards settled at Butler, where he lived and died. He was counted a strong man, as he was, in his day, as was also Mr. Steel Semple, another celebrated Pittsburgh lawyer who often appeared before the Bea- ver courts.

Still another who, though not a resident of Beaver, practiced much in her courts was Alexander Foster, of Greensburg, whose complete sketch appears in Westmoreland county, elsewhere in this volume. Then there were John Simonson and Obediah Jennings, lawyers of high character and wide repute, who came from Washington county to prac- tice in the Beaver courts; and still another from Washington county, Parker Campbell, famons as an orator whose sound logic and force of eloquence always carried conviction, and who was celebrated as the ablest lawyer

456

THE BENCH AND BAR OF PENNSYLVANIA

praetieing in the then west. He died in 1823. Mention, too, should be made of David Hays, who died at his home in Beaver in 1821. Though not a brilliant lawyer, he was faith- ful and true to the highest ideals of profes- sional courtesy and duty. Henry Baldwin, an Englishman by birth, received his early iegal training under Mr. Alexander J. Dal- las, at Philadelphia. A scholarly man, he ranked high in the profession, as well as in affairs of state. He represented his district in Congress about 1820 and was a prominent figure in the presidential campaign in 1828 and a little later was appointed a justiee of the United States Supreme Court, where he made an honorable record. His death oc- eurred at Philadelphia in 1844, while attend- ing court. James Mountain, who was re- membered for his frequent appearanees before the courts of Beaver, was ranked among the leaders of the Pittsburgh bar.

John M. Buchanan .- The subject of this sketch is descended from Walter Buchanan, a native of Donegal, Ireland, who settled in Little Britain township, Lancaster county, Pennsylvania, 1750. His son James, born in the plaee last named, a soldier of the Ameri- can Revolution, removed to Hanover town- ship, Washington county, Pennsylvania, 1785, where his son John was born. Thomas C. Buchanan, a son of the latter, was reared in the same township, married Eliza A. May- hew and died on the overland route to Cali- fornia, 1852. John M. Buchanan, son of the latter, was two years of age at the time of his father's death and was reared in Hano- ver township, Washington county, and Han- over township, Beaver eounty, Pennsylvania, in the latter place at the home of a paternal uncle, Joseph K. Buchanan. He was edu- cated at Washington and Jefferson college, graduating in the elass of 1869. On Septem- ber 2, 1872, as a student of S. B. Wilson, Esq., Mr. Buchanan was admitted to the bar of Beaver county. In 1874 he was the candi-

date of the Democratie party-the minority party - in Beaver county for district at- torney and was elected, and was re-elected in 1877, serving six years. In 1895 Mr. Bu- chanan was the Democratic candidate for president judge in the Thirty-sixth judicial district, composed of the county of Beaver, but was defeated by the present incumbent. For the past twenty-five years Mr. Buchanan has been connected with many important causes and identified with many important business interests in the county of Beaver. He is the solicitor of the Beaver Valley Trac- tion company and the Pennsylvania com- pany. He is president of the First National bank of Beaver, a direetor in the Beaver Trust company and in the First National bank of Rochester, Pa., a trustee of the Western Theological seminary and of Wash- ington and Jefferson college.

General Robert Moore is another cherished name of Beaver's early bar. He settled there in 1803. A lawyer of sound learning and a man of high eharaeter, faithful, stead- fast and honest, he stood high in public es- teem and was honored with numerous offices of responsibility and trust, which he filled with fidelity. He died at the age of fifty- four, in 1831.

One of the earliest admissions to the Bea- ver eounty bar was that of John Banister Gibson, in 1804. His complete sketch is given in the history of Cumberland county, elsewhere in this work.

John R. Shannon .- An example of success achieved through constant and painstaking efforts is furnished in the life of John R. Shannon, who was born in Washington county in 1784, and, during his years of practice, often eame before the Beaver eounty courts. While one would hardly say he became eminent, he was successful and highly esteemed.

Sylvester Dunham, a lawyer of more re- eent times, who made a name for himself as

John M. Buchanan

457

REAVER COUNTY

a forceful, eloquent and persuasive public speaker, and who practiced in the courts of Beaver, was a native of New England. He was in many ways a brilliant man and died in 1867.

W. B. Clarke, one of Beaver's native sons, born in 1804, was another of her well-known early-day lawyers. He was educated at David Johnson's academy, Beaver, and at Jefferson college, Canonsburg, studied law under Mr. Robert Moore, and began his prac- tice in 1827. He rose rapidly in the profes- sion, and in 1830 was appointed deputy at- torney general for Beaver county. He after- wards made his home at Pittsburgh.

Isaac Leet, who was a nephew of Mr. Robert Moore, removed from Washington county to Beaver, where he lived and prac- ticed his profession till 1840. He was suc- cessful as a lawyer, and somewhat active in politics, representing his native county one term in Congress.

Henry M. Watts, of Pittsburgh, was an- other active and popular lawyer of early days who practiced much in the courts of Beaver, and who, in 1829, was appointed deputy attorney general for Beaver county. He succeeded in that office Mr. N. P. Fetter- man, a native of Beaver, born in 1804, and admitted to the bar in 1825. He was promi- nent both in his profession and in matters of state. He settled in Bedford for a time, and from there was sent to the General Assembly three successive terms, afterwards returned to Beaver and resumed his practice, which he carried on with success until 1849, when he took up his residence at Pittsburgh.

Colonel Richard P. Roberts was one of a later generation, who attained to a high place in his profession, and by his upright, manly life commanded universal confidence and respect. A native of Frankfort Springs, he was born in 1820 and received his legal training under Mr. N. P. Fetterman, of Bea- ver. His professional record was worthy of

the man, but he is remembered as well as the gallant commander of the One Hundred and Fortieth Regiment of Pennsylvania Vol- unteers, who gave up his life leading his reg- iment on the battlefield of Gettysburg. July 2, 1863.

Isaac Jones, a native of Dauphin county, did not begin his study of law until 1830, when he was about thirty years old. He was admitted to the bar at Lewisburg in 1833, and four years later settled at Beaver, where he carried on his profession with much suc- cess until his decease in 1852.

William Allison was another of Beaver's native sons who was known for his scholarly attainments and professional skill. He was born in 1810. He was graduated from Wash- ington college with high honors in the class of 1828, afterwards studied law under his father, and in 1833 was admitted to the bar. His death occurred in 1844, while in the full vigor of ambitious young manhood, with every prospect of a brilliant career.

Hon. Thomas Cunningham .- In the death of Mr. Cunningham, which occurred in 1865, the bar of Beaver lost one of its most influ- ential members and the community a note- worthy citizen. He was a native of Ohio. but studied law with John R. Shannon, at Beaver, and rose rapidly to a leading place and served for a time as district attorney. He also served for a time on the supreme bench in Kansas under appointment, but re- signed to resume his practice. In 1856 he served as a member of the electoral college, four years later was a delegate to the Charleston convention, and in 1864 served as elector-at-large. His death was mourned as a public loss.

Colonel Joseph H. Wilson. Among the successful and able lawyers who practiced at the Beaver county bar nearly half a cen- tury ago, Joseph H. Wilson held a conspicu- ous place.

He was born on May 16, 1820, in what is

+58

THE BENCH AND BAR OF PENNSYLVANIA

now Franklin, then known as North Sewick- ley township, Beaver county, Pa., and was a son of Thomas and Agnes (Hemphill) Wil- son. He had good educational advantages, and, after elosing his preparatory studies, entered and graduated from Jefferson col- lege in Washington county. Young Wilson next took up the study of law, and on June 5, 1850, was admitted to the Beaver county bar. He took an active interest in all publie affairs, was a man of fine personal and social qualities and was universally esteemed by a wide eirele of acquaintances and friends. Besides carrying.on an extensive practice, he interested himself in politieal affairs, serving three years as distriet attorney, and from 1856 till 1861 represented Beaver eounty in the general assembly of the state.

Military affairs always had an attraction for him, and this martial spirit led to his se- leetion successively as eaptain, major, colonel and major general of militia, whiel last- named rank he held at the opening of the war of the rebellion. He entered the army as colonel of the One Hundred and First Regiment Pennsylvania Volunteer Infantry, his commission bearing date October 4, 1861. While engaged with his regiment in the siege of Yorktown, Va., 'Colonel Wilson contracted typhoid fever, and while in this precarious condition, when he should have been under the physi- cian's and nurse's care, he, disregarding the protests of his superior offieers, led his regi- ment at the battle of Williamsburg, Va., on May 5, 1862, with the result that he was im- mediately afterwards stricken down, and on May 30, 1862, passed away at Roper's Church, Va., and his remains were interred in the ecmetery at Zelienople, Butler eounty, Pa. Colonel Wilson never married. He was an unele of Judge J. Sharpe Wilson, whose sketch appears elsewhere in this volume.

Hon. John Allison, another of Beaver's carly lawyers whose memory is revered, was

born in 1812. He spent his carly manhood in business and did not turn his attention to the study of law until 1843, when he became a law student under his father, James Allison. He was admitted to practice in 1846, and during that and the two succeeding years represented Beaver county in the State Leg- islature, being elected on the Whig ticket. The next year, 1850, he was sent to Con- gress, was again nominated, but failed of election in 1852, but in 1854 was again elected to the National Assembly. He was one of the active organizers of the Repub- lican party in 1856, and at the Pittsburgh convention that year represented his state on the committee on platform. Later lie served as chairman of the state central com- mittee, and in 1860 was a delegate to the national Republiean convention at Chicago. He served in the war of the rebellion, and after his return settled in Mercer county, where he engaged in farming. His last pub- lie office was as register of the treasury, to which he was appointed by President Grant on April 1, 1869.

James S. Rutan, who was born in Carroll county, Ohio, in 1838, received his early legal training under Col. Riehard P. Roberts, at Beaver, and was there admitted to the bar. He served in the war of the rebellion as first lieutenant in the One Hundred and First Regiment of Pennsylvania Volunteers, but was honorably discharged in August, 1862. After his return home he resumed his prac- tice and served six years as distriet attorney for Beaver county. He was elected to the State Senate in 1869, and was made speaker of that body in 1872.

Dan H. Stone, one of the prominent attor- neys of Beaver county, was born at Beaver, Pa., and is the son of Dan H. and Mary (Pat- terson) Stone, prominent and highly re- speeted eitizens of that place. He was edu- eated in the commnon and high schools of Beaver, and read law in the offices of John

JOSEPH H. WILSON

159

BEAVER COUNTY

M. Buchanan, Esq., and Hon. M. F. Mecklem, being admitted to the bar September 19, 1892. Opening an office at once, Mr. Stone engaged in the practice alone, and his business has gradually increased until he is now acknow !- edged to be one of the leading attorneys of the county. He has always been a Repub- lican and taken an active part in many of the political campaigns of his county. In 1886 he was made prothonotary, which posi- tion he filled until 1892.

Among the many distinguished names of Pittsburgh lawyers whose appearances are shown on the records of the Beaver courts are Sammuel Kingston, Walter H. Lowrie, A. S. Mountain, Simon Meredith, George Shaib, E. Pentland, Thomas I. Shields, James II. Stewart, George Watson, John H. Waugh, John Williamson, Charles Von Bonhorst, and many more, to merely mention whom would extend the list far beyond the limit of this article.

Samuel Beatty Wilson, Beaver. The sub- ject of this sketch, who came of Scotch and Dutch lineage, was for many years a leader at the Beaver county bar. His great-grand- father, Samuel Wilson, who was of Scotch ancestry, married Mary Van Weir, a Hol- lander by birth. They owned a farm near Gettysburg, Pa., and there spent their lives and died, and their bodies were buried in the cemetery of that plaee. Of two sons born to them, Samuel and Marmaduke, the last named married Susan Beatty in 1744, and lived on the old homestead until the decease of his parents, after which he removed, with his family, to Westmoreland county. One of Marmaduke Wilson's sons, Patrick, who was born in York (now Adams) county in 1772, removed to Mercer (now Lawrence) county in 1801, and for a time was engaged in merchandising. In 1804 he married Re- becca, one of eight daughters of William Morehead. In 1811 he bought a farm some six miles north of New Castle, in Lawrence

county, and there reared his family and lived until his decease, which occurred in 1866. Here, on February 20, 1824, our subject was born, and here he passed his early life, re- ceiving a common school and academic edu- cation preparatory to entering college. Ile then pursued a course of study at Jefferson college, Cannonsburg, Pa., maintaining throughout a high standard of scholarship, being especially proficient in English, Greek and Latin constructions, so that he was looked to as an authority on those subjects. He was graduated with the class of 1848, and during the following year served as princi- pal of Darlington academy.

Having decided to fit himself for the legal profession, Mr. Wilson, in the fall of 1849, became a student in the office of Hon. Jere- miah S. Black, who was then president judge of the sixteenth judicial district, and on De- cember 12, 1850, was admitted to the bar. Removing at once to Beaver, he was admit- ted to practice in her several courts, and en- tered upon a professional career, which for more than a third of a century brought him in connection with much of the most impor- tant litigation that eame before the eourts of Beaver county.

Mr. Wilson was a man of lofty ideals, high- minded, pure-minded and conscientious in all his dealings, and in his professional char- acter, either as a counsellor or advocate, al- ways maintained the full confidence of those who sought his counsel, or intrusted to him the management of their affairs. He was a inan of decided opinions, which he was ready to express on all proper occasions, but with all was judieious and conservative in speech and action. He never sought or de- sired political preferment, but gave him- self with true devotion to his professional work, his highest ambition being to be known as a thorough lawyer. Mr. Wilson was greatly aided in his work by his faith- ful and devoted wife, whom he married

460

THE BENCH AND BAR OF PENNSYLVANIA

April 12, 1854. She was Elizabeth Robinson, a daughter of Mr. George Robinson, who was then sheriff of Beaver county. During many years of their early married life Mrs. Wilson worked as her husband's assistant in his office, where she exeelled, under his diree- tion, in the preparation of legal papers, which were universally recognized as models of accuracy and neatness.

That Mr. Wilson realized his high ambi- tion is best evidenced by the suceess he

achieved. A man of profound scholarship, his learning was sufficient to enable him to realize the comparative littleness of all hu- man achievements. He outlived the ambi- tion of display before eourts and juries ; he loved justiee, law and peace; he learned to bear eritieism without irritation, censure without anger and ealumny without retalia- tion. Mr. Wilson's death occurred at Beaver on January 19, 1889, in his sixty-fifth year.

Photo ] -70 ch

கரு

461

BUTLER COUNTY

BY T. C. CAMPBELL

(With obligations to the history of the bar by Hon. Thomas Robinson, contained in His- tory of Butler County, published in 1883 by Waterman, Watkins & Co., of Chicago, and History of Butler County, published in 1895 by R. C. Brown & Company.)

The county of Allegheny formerly ex- tended to Lake Erie on the north. By aet of March 12, 1800, Butler and other counties were carved out of it. Butler county, how- ever, was still to remain part of Allegheny for judicial purposes.

By act, of April 2, 1803, to take effect the first Monday of November, the Sixth Judi- cial District was created as a separate cir- cuit or district, composed of the counties of Beaver, . Butler, Crawford, Mercer and Erie. All real actions brought in Allegheny county before the passage of the act, relat- ing to land embraced within the boundaries of the new county, and pending and unde- termined on the first Monday of November, 1803, were to be transferred thereto.

The first new suit was brought in Butler county on November 25, 1803, and on De- cember 7 of that year thirty-one real actions were certified from Allegheny county, the first of which had been brought to March term, 1796, and to these cases were added thirty-three new ones brought in the new county to February term, 1804. The new court was thus provided with ample working material from the beginning.

The first court was held in Butler on Jan- nary 13, 1804, at which time the commis- sions of Hon. Jesse Moore, president judge of the district, and Samuel Findley and John Parkes, associate judges not learned in the

law, were read. Upon the same day the bar of the county was organized. William N. Irwin, Alexander W. Foster, William Wil- kins, Isaac Meason, Henry Haslet, Thomas Collins, Henry Baldwin, Cunningham S. Semple, John Gilmore and James Mountain being admitted npon motion of Steel Semple. and then Steel Semple being admitted upon motion of Thomas Collins. Upon the follow- ing day Joseph Shannon was admitted. No one of these attorneys excepting John Gil- more proposed to become a resident attorney of the bar. The most of them, however, were to ride the circuit for many years and practice in the courts of Butler county.

The first meeting of the court was a nota- ble one, made so not only by the occasion and environment, but also by the personality of the bench and bar.

Jesse Moore, the first presiding judge, who presided in the courts of the county continuously until August term, 1818, at which time the judicial district was re- formed, was a native of Montgomery county, and previous to his appointment as presiding judge of the Sixth district had practiced law at Sunbury. He was commissioned a judge April 5, 1803. He resided thereafter in Meadville. Ile is described as a "stiff. formal and pedantic old bachelor." He had a great sense of the dignity of his position. In person, he belonged to the old school, and wore powdered wig and queue, the old- time dress coat. knce breeches, buckles and stockings. He died December 21, 1854.

Of the attorneys present, Steel Semple and A. W. Foster were noted lawyers of the Pittsburgh bar who were to practice exten-

462

THE BENCH AND BAR OF PENNSYLVANIA

sively at the Butler bar and be actively en- gaged in its trials. Semple practiced in Butler county until about 1810, and Foster until about 1824, during which time the lat- ter appeared in almost all of the Butler cases removed to the Supreme Court.

Thomas Collins also practiced in Butler county until about 1813. He was the father of the wives of Wilson McCandless, William B. McClure and Evan R. Evans, hereafter mentioned. All of the other attorneys named, excepting John Gilmore, William Wilkins and Henry Baldwin, appeared rarely in the Butler courts-the last two named appeared frequently, Wilkins until about 1810, and Baldwin until about 1818. They were probably the juniors among thie circuit riders of that January day of 1804, each of them being bnt twenty-four years of age. They at once took their places as lead- ers of the bar with their seniors, Semple, Foster and Collins. Considering their future careers, they were the most prominent and interesting figures among the pioneer mem- bers of the bar. Wilkins was afterwards jndge of the Fifth district, of which Butler county formed part, and as such held the courts of Butler county from 1821 to 1824. HIe became a member of the House in the Twenty-eighth Congress; United States Sen- ator from 1831 to 1834: secretary of war in 1844-45, and minister to Russia. He died at an advanced age in 1865, the most distin- guished citizen at that time of Allegheny county.

IIenry Baldwin became a member of the House in the Fifteenth, Sixteenth and Seven- teenth Congresses, and an associate justice of the United States Supreme Court in 1830. He died in that office in 1846.

When the circuit riders of Pittsburgh made their horseback journey in January, 1804, with their saddlebags, containing their scanty wardrobe, under them, to attend the first Butler court, they traveled a bridle path, after leaving the Allegheny river, laid

out almost due north through the primeval forest, their ride relieved only at intervals -by clearings, with rude huts or log cabins erected upon them. When about thirty miles north of Pittsburgh, they came in view of the new county seat, a central hill, backed upon all sides by higher hills, a location richly endowed by nature, upon which central elevation, the new seat of justice was located; upon the summit the timber and brush had been partly cleared, and a few cabins or houses, built of logs, were in course of construction, commenced the fall before, and in all stages of completion. For the uses of the court the county commis- sioners had rented, the month before, a log house, not completed when the court was first held, for "A place to accommodate the courts of justice in the town of Butler." This house fronted the public square, and was occupied for such purpose until 1809. when the first court house was erected.

General Ayres had been appointed clerk of the court; his office then combined the duties and emoluments of prothonotary. clerk of the Quarter Sessions and of the Orphans' Court and register and recorder. He had appointed Henry M. Brackenridge. of Pittsburgh, son of Judge Brackenridge, of the Supreme Court, as his clerk. The younger Brackenridge afterwards became judge of the United States District Court for. the Western District of Pennsylvania.

The court held in January was merely pre- paratory. The next court was held in May. 1804, and at this time the first cases-two civil and one criminal-were tried. The two civil cases were real actions, one ejectment and one trespass quare clausum fregit.

In the first case tried, Collins was for the plaintiff and Semple for the defendant. In the second, Wilkins was for the plaintiff and Baldwin and Semple contra.

By the judiciary act of February 24, 1806. the judicial districts in the state were re- formed, the counties of Mercer, Butler, Ve-

463

BUTLER COUNTY

nango, Crawford and Erie forming the Sixth distriet. This change took Beaver county out of the district and added Venango county to it.

By the aet of March 20, 1799, the judges of the Supreme Court were authorized to hold a Circuit Court in each county, except the county of Philadelphia. The aet was repealed by the aet of 11th of March, 1809. Under it the following Cireuit Courts were held in Butler county; September term, 1806, Hon. Jasper Yeates presided; September term, 1807, Hon. Thomas Smith presided; September term, 1808, Hon. H. H. Braeken- ridge presided; and September term, 1809, Hon. William Tilghman, chief justice, pre- sided. The eases tried before these judges were aetions of ejectment certified for trial from the Court of Common Pleas.

A contraet was made for the building of a court house in January, 1807. It was proba- bly not completed or occupied until 1809. Until that time, rent was paid for a building used as a court house. The first building seems to have eost some five thousand dol- lars. It was built of briek, probably the first brick building in the county, was a plain, substantial house, having gables east and west, and was surmounted by a wooden eu- pola, in which a bell hung. The court room was on the first floor and a high railing sep- arated the court and bar from the space without, which was paved with briek. The second floor was oeeupied by the county of- fices. This building was ereeted upon the public square, the site of the present court house. It remained until 1852, when a new building was ereeted upon the same site. It remained until 1883, when it was burned, when the present building was erected.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

The twentieth century bench and bar of Pennsylvania, volume I, Part 66

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