The twentieth century bench and bar of Pennsylvania, volume I, Part 69

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 69


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William Timblin was born in Centre town- ship, Butler eounty, and was educated first at Allegheny eollege (Meadville, Pa.), then graduated at Washington eollege. He read


law in the office of S. A. Purviance. He was a man of ability and acquired a large prac- tice. He died November 11, 1856.


John Graham was born in Connoquenes- sing township, Butler county, in August, 1821, and at an early age was left an or- phan. In 1838 he was apprenticed to a cabi- netmaker in Butler. He was deputy sheriff for a time after his apprenticeship expired. He then attended an academy in Butler and read law in the office of S. A. Gilmore. In 1845 he was appointed deputy attorney gen- eral for the county. He died September 22, 1860.


Theodore Chalmers Campbell, son of James and Rebeeea Bell (David) Campbell, was born in Butler, on January 27, 1848. He attended Witherspoon Institute, at Butler, and Phillips Academy, at Andover, Mass. In 1866 he commenced the study of the law in the office of John M. Thompson, in Butler, and completed his studies in the office of Samuel A. and W. S. Purviance, in Pitts- burgh, and was admitted to the bar in the latter eity in 1869. He practieed in Pitts- burgh until 1872, when he located in Butler. He was married November 18, 1873, to Juli- ette Estep, daughter of Joseph P. Estep, and has four children: Louise Chalmers; Jean, wife of George E .; Howard; James Oliver, and Juliette Estep.


Lewis Z. Mitchell was born in Lower Hanover township, Dauphin county, Penn- sylvania, on September, 12, 1824. He still lives in Butler, but owing to the infirmities of age, he retired several years since, from aetive practice. He was educated at Jeffer- son eollege, and read law in the office of S. A. Purviance. He acquired a large prae- tiee. He was endowed with unusual gifts of eloquence, whom it was always a pleasure to hear.


John M. Sullivan was a nephew of C. C. Sullivan, and was born in Butler, August 9, 1822. He graduated from Jefferson college


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in 1843, and read law in the office of S. A. Gilmore. Until 1855 he practiced in part- nership with S. A. Purviance, then retired from the practice and never resumed it. From 1855 to 1861 he was deputy secretary of state, and deputy superintendent of the common schools of Pennsylvania. From 1861 to 1867 he was a chief clerk in the war department at Washington, and during the Civil war he was sleepless in his devo- tion to soldiers from his native county who were wounded, sick or otherwise in need of assistance. From 1867, for almost fifteen years, he was collector of internal revenue for the twenty-third Pennsylvania district. He then retired to his home in Butler, where he died suddenly on Sunday morning, July 6, 1896.


In reviewing the list of the members of the Butler bar for the last century, one is at once struck with the predominence of the Gilmore-Purviance (John Gilmore and John Purviance being brothers-in-law) and the Bredin families. By blood or marriage these two connections embrace, including present members of the bar, twenty-eight names in the list. By virtue of the length of their service at the bar, their ability and their high character, they have had a predominat- ing influence upon the profession, and that influence has been for good.


The history of the law practice in Butler county is, no doubt, in the main the history of all other counties in the western part of the state. At first glance one is surprised at the volume of business on the dockets in the early days of the county. From 1804 to 1808 the cases docketed ran from one hundred and eighty-six in 1804, to four hundred and five in 1806. During those years the cases averaged in number about one-third the present volume of business in the county, and the county had three resi- dent lawyers as against about seventy at present. Twenty years later the same pro- portion of cases docketed was maintained.


But while the volume of business was com- paratively large the values involved were small, most of the cases docketed being appeals from or certioraris to justices of the peace, or writs of scire facias issued to revive judgments originally obtained before Justices. Actions of ejectment and other real actions were frequently brought, for the county was being newly settled and conflicts over tracts or lines were inevitable. These lands had not much value, but the contests over them were long, bitter and expensive. The carly settler valued his title and fought for it. The record of the Supreme Court shows that almost all of the cases appealed were real actions. The nature of the cases tried in the court below may be shown by the trial list of the year 1830, wherein of thirty cases for trial, six were actions of ejectment, fifteen were appeals from jus- tices' dockets, six were scire facias to revive judgment, nine were actions on the case, one was debt, and one was covenant.


This state of affairs is explainable by the fact that until, say 1850 to 1860, the county was in process of settlement and there was little money. The settler of necessity in- curred debt to a small amount for household goods, farm machinery, building and stock, and, being unable to pay when due, he be- came a judgment debtor, the judgment lien being retained from time to time by revival.


In the early days of the bar for the youth- ful practitioner there was none of that "hope deferred" which makes the heart of the young lawyer of the present day sick. Then at once he plunged into a full share of the business, with trials of cases as well as office business. He was given a fair trial by the clientage, and, if capable, his practice was assured; if not, he dropped into the ranks of the unemployed.


About 1871 a vast change came over the county, peculiarly affecting the practice of the law. Prior to that time the county had been principally an agricultural county.


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Before 1868 it had no railroad connections with the outside world. Its manufactures were of no importance; its mining interests were confined to a little coal for home con- sumption. But about 1871 oil was dis- covered in large quantities, and later natural gas, and in the last thirty years the county has produced vast wealth from those sources. The volume of the law business was enormously increased, as well as the values involved. The cases docketed ran up from, say five or six hundred a year before 1870, to three to four thousand in 1874 and 1875, and in 1876. gradually decreasing after that until now they number eight to ten hundred a year, with many more lawyers on the list now to look after the business than during that prosperous time. Since 1872 many new, important and interesting ques- tions have arisen before the court relating to this new industry. Many of them appealed to the Supreme and Superior Courts, and to their presentation to those courts, the bar of Butler county, with those of Allegheny, Washington, Venango and other counties included in the territory embraced in the oil and gas industry. has maintained an honorable and influential place.


In other respects the last thirty years has seen a great change in the practice ; a change that is, no doubt, common to all counties which have not populous centres. Formerly, collections from manufactures or wholesale houses formed a large part of the practice ; that branch of the practice has largely de- creased. Resort to the law now in making collections is only had after all the remedies are exhausted. The large houses have their own collectors, or place their business in the hands of some collecting agency. The at- torney is usually employed only where the amount is disputed and a trial is necessary to determine the liability.


Another change that has taken place is in the tendency to centralize business in the large cities. The modern tendency of com-


bination and centralization in business has affected the practitioner. Railroads and other large corporations have their offices in the cities and their attorneys there, who do much of the business for their clients at the central office formerly scattered through many counties. The location, also, of the Federal courts in the cities, remove much business to those cities, formerly done in the rural counties.


William A. Forquer .- The subject of this sketch was born in Washington township, Butler county, Pennsylvania, on March 9, 1845, and was a son of William and Mar- garet (Murrin) Forquer, both natives of that state, and farmers by occupation. They lived to an advanced age, dying since 1895. The paternal grandparents immigrated from county Donegal, Ireland, and settled in Pennsylvania in 1800. Our subject's mater- nal grandfather, John Murrin, Esq., was of Irish lineage: his wife was of German de- scent, and both were early settlers of Penn- sylvania.


William passed his early life on a farm. living there until he began his law studies. He attended the district schools, went to the West Sunbury academy, and the academy at Emlenton. He studied law with Mr. J. M. Thompson, of Butler, and was admitted to the bar in 1874. Mr. Forquer began his practice at Butler, and, during the thirty years of his life in this city. held the es- teem and respect of the entire community. A man of positive character and strong con- victions, he became one of the first citizens of the town, and a leader in the legal pro- fession, his practice being one of the largest and most remunerative held by any attorney in Butler. No attorney ever more faithfully looked after the interests of a client than did he : no detail in a case was too small for him to look after personally and no legal point too complicated for his mind to grasp. His range of practice extended from the minor criminal and civil cases to those of the most


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difficult and complicated nature, peculiar to the oil industry and to other business lines, and he showed marked ability in the vary- ing cases in which he was engaged.


As a Democrat, Mr. Forquer was aetive in the local affairs of his party, and was well known as a ready and convineing eampaign speaker. In 1877 he was elected district at- torney, and during his three years' service, had a wide range of experience in the pros- eeution of all manner of criminal eases. He served as a member of the city council three years, and, with Judge McCandless, pre- pared the bill that was passed by the leg- islature authorizing boroughs to pave streets on the petition of two-thirds of the property owners.


Mr. Forquer was a member of the Elks, also belonged to the Knights of Pythias, and, in the last named, filled all the chairs. At the time of his death, April 9, 1902, he was a member of the Grand Lodge of Pennsyl- vania.


He was a man of recognized business abil- ity and was interested in numerous business enterprises. He was a stoekholder of and attorney for the Marietta Boiler Works of Marietta, Ohio, and attorney for two banks in his own city, andl attorney for the Buffalo, Rochester & Pittsburgh railroad, for whiel he bought all the rights-of-way in Butler county, and in all matters pertaining to the publie's welfare, lent cheerful and willing aid.


In 1881 Mr. Forquer married at Poland, Ohio, Miss Martha M. Livingston, a daugli- ter of Mr. Robert R. Livingston, a prominent and influential eitizen of that place, and grandson of Robert R. Livingston, of revolu- tionary fame.


James William Hutchison was born in Parker township, Butler county, Pennsyl- vania, June 17, 1864. His father, James G .. and his mother, Susanna Daubenspeek, were prosperous farmers of that eounty. His father served in the war of the rebellion in


Company G, one hundred and thirty-second Volunteer Infantry, and died six months after his return home.


James spent his youthful days on his father's farm, receiving his early edneation in the public sehools, and afterwards en- tered the North Washington academy, from which institution he passed to Westminster college, graduating in the elass of 1887 with the degree of A. B. He then spent two years in the office of S. F. Bowser for the study of law, and was admitted to the bar of Butler county in 1889. Ilere he has since been en- gaged in active professional pursuits and is recognized as one of the leading young at- torneys in his section of the state. ' He was admitted to practice in the Supreme Court in 1892. and to the Crawford county bar in 1893.


Mr. Hutehison is a Republican in politieal faith and has been aetively identified with the campaigns of his party for a number of years. Has filled the office of referee in bankruptey for two years, from February, 1899. and was re-appointed for the same length of time in 1901. Is Past Chancellor and present Keeper of Record and Seals of Knights of Pythias Lodge No. 211. On Nov. 14, 1889, Mr. Hutchison was married to Miss Ida M. Campbell, by whom he had two chil- dren.


Joseph C. Vanderlin .- The subject of this sketeh, a native of Butler eounty, Pennsyl- vania, was born April 16, 1837, and is a son of Stephen and Eliza (Seaton) Vanderlin, both natives of Pennsylvania and farmers by oecupation. Nicholas Vanderlin, the great- grandfather of our subject, immigrated from Holland about 1735, and settled in Philadel- phia. He was in the French and Indian war. and helped to bury the fifty-two men killed in the Battle of Paoli. Nicholas Vanderlin lived near Paoli tavern where Genera) Wayne was quartered. The British attack- ed Wayne in the night and killed fifty-two or fifty-three of his men. Vanderlin and George


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King dug a large hole and with a horse and cart gathered up the dead and placed them in the hole with their clothes on. He also served in the war of the revolution. His son, John Vanderlin, Joseph's grandfather, was born in Chester county, Pennsylvania, and moved to Butler county in 1799. He was a farmer and a man of commanding in- fluence in his community. Joseph's great- grandfather, Seaton, immigrated from Scot- land at an early day; his grandfather, Sea- ton, was born in Huntington county, Penn- sylvania, but in 1800 moved to Butler county, where our subject's mother was born.


Joseph lived on the farm until he was twenty-five years old. He attended the dis- triet schools in his boyhood, later studied at Clintonville academy, and in 1862 was graduated from Duff's commercial college of Pittsburgh and then taught one year in that institution. The next five years he spent teaching school in Butler and Venango coun- ties, after which he taught one year in Illi- mois, and then engaged in the oil business on Oil Creek, Venango county, and so con- tinued till he began the study of law. He carried on his law studies under the direc- tion of Mr. Lewis Z. Mitchell. a prominent lawyer of Butler, and in September, 1875, was admitted to the bar. He at once began practice, associating himself with Mr. Liv- ingston MeQuistion, under the name of Me- Quiston and Vanderlin, and continued that relation till 1897. Mr. John H. Wilson then entering the firm, the firm name then chang- ed to MeQuistion, Vanderlin & Wilson, which firm has a high standing, conducting an ex- tensive and lucrative general and civil prac- tice.


Mr. Vanderlin is a Democrat in political opinion and has been somewhat active in the affairs of his party. and has been the Demo- cratic nomince both for Congress and the State Legislature, but failed of au election- the district being overwhelmingly Republi- can.


In 1868 he was married to Miss Margaret J. Kelley, a daughter of Mr. John Kelley, of Venango township, Butler county, Pennsyl- vania. They have four sons and two daugh- ters.


S. F. Bowser, son of Matthias and Mar- garet (Williams) Bowser, was born Febru- ary 11, 1842, near Kittanning, Armstrong county, Pennsylvania. His father and moth- er were natives of Armstrong county, the former being of English and German and the latter of Welsh and German extraction. He was reared upon a farm, and his early cdu- cation was obtained in an old log country schoolhouse in his native place. He attend- ed Columbia University, Kittanning, from which he graduated in 1869. He then at- tended Washington and Jefferson College. and graduated from that institution with high honors in 1872. To obtain a college course he taught school for a number of years in the graded schools of Armstrong and Clarion counties. While a student at Washington and Jefferson College he filled the Latin chair for a short period and pre- pared a number of the seniors in Greek for graduation. After he graduated he was prin- cipal one year of the graded schools of East Brady. In 1872 he entered the office of John M. Thompson and R. P. Scott as a law stu- dent, and was admitted to the bar of Butler county in 1874. Since then he has been actively engaged in the practice, and has acquired a large clientage. In polities he is a Republican, but has never sought or filled any public office except that of school direct- or. He married, June 27. 1876, Mary C., daughter of Col. Samuel Young. They have two children : Mary E .. and George F.


Thomas Robinson was born July 4, 1825. in Armagh county, Ireland, the son of Thomas and Arabella (Riley) Robinson. The family immigrated to Pennsylvania in 1832, three years later removing to Butler county and settling in Penn township. He obtained his education in the common schools


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LA. Bowser


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BUTLER COUNTY


and in the Butler Academy. He studied law in the office of George W. Smith, and was admitted to the bar September 25, 1855.


Mr. Robinson was a delegate from Butler county to the first Republican convention, which met in Masonie Hall, at Pittsburgh, February 22, 1855. In 1860 he was elected to the legislature, and some years later served as clerk in the House. In 1880 he was a Blaine delegate to the Republican .National convention at Chicago, which nom- inated Garfield. Lately he was superintend- ent of publie printing at Harrisburg. A por- tion of Mr. Robinson's life has been passed as editor of Butler county papers. In 1863 he established the American Citizen and re- mained with it until 1866. In 1870 he be- came editor of the Butler Eagle, continuing in that position, except for a short interval, until 1879. Mr. Robinson's natural bent has been for polities rather than the law. His political influence in the county has been greatly felt for many years.


J. David McJunkin was born upon the old homestead in Centre township, Butler coun- ty. September 3. 1839. the eldest son of William and Priscilla (Christie) MeJunkin. After a course in the common schools he spent four years at the Butler Academy, the Witherspoon Institute at Butler, and the West Sunbury Academy, after which he taught school for several years. He then read law with his uncle, Judge MeJunkin, and was admitted to the bar of Butler county, June 8, 1863. In 1864 he went to Franklin, Venango county, where he practiced his pro- fession until 1873, when he returned to But- ler, where he has been actively engaged in the practice of his profession ever since. During his residence in Franklin, he was elected to the legislature in 1869, 1870 and 1871. He was chosen by Butler county Re- publicans for the Congressional nomination in 1880 and 1882, but failed of nomination in the distriet, which was composed of But- ler, Crawford and Mercer counties, In


1862 he served in Company G, Fourteenth Pennsylvania Militia, which was called out to assist in repelling Lee's invasion of the state. He married Margaret A. Campbell. to whom have been born the following chil- dren : Clara Bell; William David, now of Chicago; Mary Christie, the wife of Lewis R. Schmertz, now of Ligioner, Pa .; Charles Campbell, now of Chicago; John Welles, of Butler, and Margaret Kathleen, who died in January, 1888. Mr. MeJunkin is a commu- nieant of the Presbyterian church.


George W. Fleeger, the third son of Peter and Mary ( Rider) Fleeger, was born March 13, 1839, in Centre township, Butler county. Ile was educated in the public schools and at West Sunbury Academy, and taught school. He enlisted June 10, 1861, in the Dickson guards, an organization which was mustered into the service as Company C, Eleventh Pennsylvania Reserves. He par- tieipated in the engagements of Great Falls, Drainesville, Mechanicsville, Gaines Hill, Fredericksburg, Gettysburg, Williamsport. Bristoe Station, Rappahannock Station, New Hope Church, Mine Run, and the Wilderness. Captured at Gaines Hill, he was sent a pris- oner to Belle Isle prison, Richmond, but after a month's imprisonment he was exchanged. He was also made a prisoner at the battle of the Wilderness, and was imprisoned for ten months at Macon, Savannah, Charleston and Columbia, and was exchanged at Wilming- ton, North Carolina, in March, 1865. In June, 1862, he was commissioned first lieu- tenant, and afterwards brevetted captain. After the war he read law in the office of Colonel John M. Thompson, and was admit- ted to the bar in 1866. In polities he is a Republican, and served as such in the legis- lature in 1871-2. In 1884 he was elected to and served in the Forty-ninth Congress.


Alexander Mitchell is the eldest son of James and Sarah (Marks) Mitchell, and was born November 22, 1842, in Summit town- ship, Butler county. He was educated at


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THE BENCH AND BAR OF PENNSYLVANIA


Witherspoon Institute, Butler. In 1864 he enlisted in Company A, Sixth Pennsylvania Artillery, and served until the elose of the war. Upon the expiration of his term of enlistment he entered the office of Charles McCandless as a law student, and was ad- mitted to the bar in 1869. He then beeame cashier of the First National Bank of Butler, and was engaged as such until July, 1879, when he began the practice of the law. In 1868 he was married to Annie E., daughter of George A. Rodgers, of Plain Grove, Law- renec eounty. They are the parents of six children : Frank E., Charles M., Clara O., Mary B., Myra L., and George A.


John McCandless Thompson, eldest son of William H. and June (McCandless) Thomp- son, was born on the old homestead in Brady township, Butler eounty, on January 4, 1830. He got his education in the common sehools and at Witherspoon Institute, Butler. He taught in the publie sehools for a short period, and conneneed reading law in 1852 in the office of Samuel A. Purviance, and was admitted to the bar in 1854. Politieally, he was a Republiean, and as such was elected to the legislature in 1858, and in the session of 1859-60, he was speaker pro tem. In 1862 he was elected major of the One Hundred and Thirty-Fourth Regiment of Pennsylva- nia Volunteer Infantry, and served in the battles of Antietam, Sonth Mountain and Fredericksburg, and was wounded in the last mentioned battle in storming Marye's Heights. He then retired from the service as lieutenant-colonel of the regiment. He was a member of the Loyal Legion and G. A. R. In 1868 he was a delegate to the Republican National convention that nom- inated General Grant for the presideney, and was one of the electors of Pennsylvania in 1872, when President Grant was re-elect- ed, and became the messenger to carry the returns to Washington. In January, 1875, he was elected to Congress to serve out the


unexpired term of Hon. E. McJunkin, who had resigned his seat after being elected judge. In 1876 he was elected to Congress for a full term. He was married October 10. 1854, to Anna Lauretta, daughter of William Campbell, to which union have been born four children: Oliver David, a member of the Pittsburgh bar; William Campbell. a member of the Butler bar; Anna Elora, de- eeased wife of Charles Mitehell of Minne- sota; and Gertrude, deceased. He died September 8, 1903.


Col. Thompson was a lawyer of great abil- ity. He was most unusually endowed by nature, both in body and mind. He was about six feet four inches in height, of great strength, and, until his last sickness, was vigorous in body, scareely knowing a day's siekness during his life. His mind was active and he could try a complicated case well and with ease, in which he had been called in the trial at the last moment. His memory was prodigious. He was a lover of the elassic poets, and would repeat them at great length. He was a most fascinating conver- sationalist. He was an able and a fluent speaker of more than a state reputation. As a eriminal lawyer for the defense, he never ยท appeared for the commonwealth. He had no superior at the local bar, and he was con- cerned in all important cases.


Robert Pressly Scott was born at Fairview. Butler county, on July 11, 1842. being a son of John Seott. formerly sheriff of Butler county. He obtained his primary education in the public schools. In 1861. he enlisted in Company II, Seventy-eighth Pennsylvania Infantry, remaining in the service until No- vember, 1864. After the war he attended the Witherspoon Institute in Butler. He then beeame a law student in the office of John M. Thompson, and was admitted to the Butler county bar January 11, 1869, since which time he has been actively engaged in the practice of the profession in Butler. For




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