USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 7
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back to the hangman, who hastened to cross the river, and never returned to Reading. One half-dollar, however, rolled under the horse block at the edge of the sidewalk, and was taken by one of the local corner loafers of the period and spent for whisky.
Robert Porter, the next judge of the Third judicial district, was born at Philadelphia in . 1768, and was the eldest son of General An- drew Porter, who was then conducting an English and mathematical school in that eity. His father tock an active part in the Revolution, and the future judge, though only fifteen years of age at the close of that war, had already served with some distinc- tion, and even attained the rank of lieuten- ant, so that he was afterwards a member of the Society of the Cincinnati in his own right. After the declaration of peace he studied law in Philadelphia and was admit- ted to the bar at the age of twenty-one. He continued at Philadelphia in active and suc- cessful practice until 1810, when appointed to the bench by Governor Simon Snyder-a position which he occupied for twenty-two years, residing in Reading during this time and becoming one of the best-known judges in the state. In the year 1822 a most impor- tant prosecution was tried before him against Boyer, Seitzinger, and others for an alleged conspiracy to defraud the merchants of Philadelphia. The defendants were repre- sented by some of the best legal talent of the day, Marks John Biddle, Charles Evans, James Buchanan, and Samuel Baird, while the prosecution was conducted by David Paul Brown alone -- then but slightly known and only twenty-six years of age-but who managed the case with such skill against these great odds, that he at once acquired a reputation throughout the state. The feel- ing over this trial and over subsequent pro- ceedings arising from it was so bitter and the conduct of Judge Porter was so severely criticized, that he was shortly afterwards impeached before the Senate of Pennsyl-
vania, and the defendants and their lawyers in the conspiracy case were the prime mov- ers of this impeachment. This trial lasted for several weeks, Judge Porter being de- fended by Brown singly and alone, who displayed great brilliancy and tact in the conduct of the cause, which finally resulted in an honorable acquittal. The whole affair is reported at length in a book of some three hundred pages, and it must be admitted from a perusal of this volume that the charges seem trivial and evidently originat- ing more in personal malice than in the in- terests of public justice. Evidently the Sen- ate were of the same opinion, for out of twelve articles of impeachment he was ac- quitted unanimously on seven, and the greatest number of Senators who voted for conviction upon any one article were eleven out of a total of thirty. Judge Porter, in addition to being a man of profound learn- ing and high legal attainments, possessed strong convictions, which he had the resolu- tion to carry out. All accounts agree as to his firmness and inflexibility, and it was probably these qualifications (perhaps some- times unduly exercised), rather than any actual misbehavior in office, which created enemies as well as friends, and was at the bottom of the prosecution against him. With all the merits of a deep student, he had also one of the eccentricities, absent-mindedness. of which David Paul Brown relates the fol- lowing story : When the evidence in the im- peachment had closed, Brown retired to his room and opened his satchel with the inten- tion of studying his notes of the trial, but to his dismay these papers were nowhere to be found. He hastened to Judge Porter, who assured him that he knew nothing at all of the stray notes. Alnost distracted, Brown lay awake all night and by an almost superhuman effort of memory reviewed in his mind all the evidence of the last two weeks and thought out a summary of his argument. Next morning as he hurried up
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the aisle, worn ont but prepared, Judge Por- tor hastily approached him and said, "My dear friend, I have found your papers, hav- ing loeked them up safely in my desk!" Brown admits that this cireumstance was splendid mental discipline for him, but ae- knowledges that his feelings toward Judge Porter for the moment were far from agrec- able.
Garrick Mallery succeeded Porter as judge of the Third judicial distriet, comprising at that time Berks, Northampton, and Lehiglı. He was the first of a number of brilliant and well-educated New Englanders who left their native territory and made a lasting mark upon the legal history of Berks county. He was born in Massachusetts, graduated from Yale college, and soon settled in Wilkes- barre, where he became principal of one of the academies so numerous in those days, while in his leisure hours he devoted himself to the study of law. He was admitted to the bar in 1812 and in time became one of the most prominent lawyers in the northern part of the state. He was a member of the Legislature and was afterwards appointed judge by Governor Wolf. He resigned three years afterwards and resumed the practice of law in Philadelphia. We know little about his official record in Berks eounty, though tradition says that he was peculiarly just, perhaps even austere, being very striet and precise in his conduct of the court and rather severe upon criminals. He seems to have given general satisfaction, however, and at his departure the members of the bar seemed to regret his leaving with real sin- cerity, as they tendered him not only the usual formal resolutions, but also the more substantial testimonial of a bar dinner. He afterwards became quite an authority upon the subject of coal titles and unseated lands, and was standing master in chaneery of the Supreme Court, as well as counsel for some of the important railroad companies, then just eoming into existence.
John Banks, the next president judge of the same district, was closely identified in every way with the history of Berks county. He was born in Juniata county in 1793 and spent his early days working on his father's farm. Being ambitious and energetic, he managed to acquire a good education, and was admitted to the bar at the age of twen- ty-six, after which event he soon removed to Mercer county and became a leader of the profession there. He was a most ardent Whig and was elected three times on that ticket to Congress, where he distinguished himself by his management of contested elec- tions. Ile resigned his seat to accept the office of judge under the appointment of Governor Ritner. During the ten years of his official career Judge Banks made a rec- ord for himself which is still remembered with pride by the legal fraternity of the county. He was thoroughly versed in the law, and was extremely courteous and digni- fied in his manner upon the bench. He fol- lowed his predecessor, Garrick Mallery, in preeiseness and in requiring strict attention to all the rules of practice; all motions had to be reduced to writing, a enstom by no means usnal in those days. His stature was small, but his face was striking and gave one the impression of thoughtfulness and of in- domitable will power. His strong individ- uality was evident even in his handwriting, which, though neat, was almost illegible. At that time paper books of eases in the Su- preme Court were not printed, but merely written by the attorneys, and on one ocea- sion when Judge Banks, then in active prac- tice, handed one of his paper books to Jus- tice Gibson, the latter remarked: "This is the nicest looking writing I ever saw that I could not read." Judge Banks resigned his office to accept that of state treasurer, in which he served for one term. He always took a very active part in politics, and as politieal feeling was even more bitter then than now, he had many sharp controversies.
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both of a legal and personal nature, with his Democratie foes. Such disputes, however, never influenced him a particle in his con- duct as a judge. In 1841, while still on the bench, he received the Whig nomination for governor, but was defeated by David R. Por- ter, the Democratie candidate, by a majority of about twenty-three thousand. The assur- ances of his friends and his own naturally sanguine nature led him to believe that he would be successful, and his defeat is said to have been a grievous disappointment to him. After retiring from the bench in 1847, he resumed the practice of law and soon stood at the head of his profession in Berks county ; if an important case was to be tried, the name of Judge Banks was almost eertain to appear upon one side or the other. He died at Reading in the year 1864.
John Pringle Jones .- The early history of Judge Jones is extremely romantie. His mother was a Miss Pringle, the youngest daughter in a family by that name of wealth and social standing in Philadelphia. She was a girl of great beauty and refinement, and a leading belle of the period in that eity. Among her courtiers was a handsome young Englishman named Jones, of whom little was known, but whose attractiveness and in- telligence finally completely conquered the affections of Miss Pringle. The two were married, but within a few days after the marriage the bridegroom deserted his young wife and no traees of him could ever be dis- covered. One son was the offspring of this union, born in 1812, and brought up by his mother and her family with the greatest care and attention. Young Pringle was sent to an academy in Connecticut, and, after studying for two years at the University of Pennsylvania. he entered the senior class of Princeton and graduated there with honors in the year 1831. He studied law in the office of Charles Chauncey and was admitted to the Philadelphia bar in 1834. Shortly afterwards he took a walking trip through
Berks eounty and the story runs that the quiet beauty of the scenery so pleased him that he determined to locate in Reading. He formed a law partnership with Robert M. Barr, then a leader at the Berks county bar, and helped that gentleman considerably in the compilation of the first ten Pennsylvania Reports, known as "Barr's Reports," and after the death of Barr, completed two vol- umes left unfinished, which are called after him "Jones' Reports." In 1835 he was ap- pointed deputy attorney general of Berks county and held that position for upwards of eight years. In 1847 he was appointed judge of the Third district by Governor Shunk, to fill the vacancy left by the retire- ment of Judge Banks. Two years later Berks became a separate judicial district. while Judge Jones continued to preside over the courts of Northampton and Lehigh. When the office of judge beeame elective, great excitement prevailed in Berks eounty, as elsewhere, over the first judicial elections. Nomination by the Democrats generally meant election, and it happened that this year there was fierce dissension in the party over the nomination of county offieers. The defeated wing of the convention made the claim that the party was run by a small clique of politicians-a contention, by the way, which is still heard regularly after al- most every Democratie county convention- and though the Whig convention did not nominate any candidate for judge, their party, together with the dissatisfied Demo- cratie minority, supported Henry W. Smith, one of the acknowledged leaders of the bar, on a so-called "Volunteer Ticket." against Pringle Jones. the nominee of the straight Democrats, or, as their opponents termed then, "Old Hunkers." This "volunteer" movement pulled down the normal Demo- cratie vote, but Judge Jones was elected by a majority of fourteen hundred and fifty. At the end of his term, Judge Jones refused a renomination and retired into private life
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until 1867, when he was again appointed to the bench to fill the unexpired term of Judge Maynard, of Northampton and Lehigh coun- ties, who died in office. Judge Jones was a man of commanding presence and strikingly handsome appearance. He was a scholar, not only in his profession, but also in litera- ture and all other subjects in which he was interested. He was a great reader and had . a most remarkable memory. Those who knew him say that after reading a book over once, he could tell you the contents of almost every page in it. Socially he was ex- ceedingly attractive, both to men and women, and always moved in the best cir- cles wherever he lived. He was a fluent writer and a most brilliant conversationalist -he could talk for hours and his friends would never tire of listening. Strange to say, this wonderful fluency left him the mo- ment he got upon his feet to make a speech, and, after recognizing his deficiency in this respect, he declined to speak in public, or, if he were obliged to do so, wrote out his speeches in toto beforehand. Pringle Jones was in many ways an ideal judge, combining those qualities both of the heart and the head which fit a man for that difficult office. On the one hand he was deservedly popular and had a great number of intimate personal friends, while on the other hand his intel- lectual strength and well-trained mind, to- gether with his absolute integrity, gave his judicial actions weight in every community with which he was connected.
David F. Gordon .- On the erection of Berks county into the Twenty-third judicial district, Governor Johnson, who was a Whig, appointed as judge a member of his own party, David F. Gordon. This gentleman was born in Philadelphia in 1795, received his education at the University of Pennsyl- vania, and was subsequently admitted to the bar of his native city. In 1824, like many young men who afterwards became leaders in their adopted home, he removed from
Philadelphia to Reading, and continued there until his death in 1859. Judge Gordon was a man of very striking presence. He was exceedingly stout and had rather a small head placed upon his large body-though this small head contained a vigorous and massive intellect. He wore enormous specta- eles, and his kindly, thoughtful eyes peering through these, together with the deep lines of his face and mouth, gave you at once the impression of a student and scholar-both of which he was by nature and by training. After practicing here for eleven years, he purchased the Berks and Schuylkill Jour- nal, a weekly newspaper published in Read- ing; and the principal Whig organ in this section of the state. He cdited this sheet for four or five years with marked ability, then resumed his law practice and continued in that employment till his elevation to the bench. While in office he was the Whig can- didate for associate justice of the Supreme Court, but was defeated by his Democratic opponent. After his short term as judge of the Berks district, he once more returned to the bar and resumed his old position among the leaders of his profession. Judge Gor- don was profound and accurate, carefully weighed both sides of every question before him, and, like most men of such qualities of mind, was slow in arriving at a decision. He was peculiarly modest about his own intel- lectual powers and legal attainments, and would frequently ask the opinion of other well-read lawyers before making up his own mind. He was careful and deliberate both in thought and speech, and seemed to weigh every idea and word before giving it expres- sion. In consequence of all this his conclu- sions were generally sound and his opinions able and well written. The late Samuel L. Young, for many years one of the most prominent practitioners in the county, and well qualified to judge both from his legal knowledge and long intimacy with Judge Gordon in his domestic and professional ca-
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reer, has said of him: "Too much cannot be said in praise of Judge Gordon. As a scholar, a lawyer, a gentleman, he was pre- eminent. I never knew a man who, in my opinion, possessed all the qualities which constitute a good man in a higher degree than Judge Gordon." In private life he had not the same liking as Judge Jones for gen- eral society and the more formal social func- tions, and was therefore not quite so inti- mately known among men and women gener- ally. He was peculiarly fond, however, of a few male companions, and when these were assembled together, his genial nature and large fund of information made him the life and soul of the party. He was an enthusi- astic lover both of literature and of music. Scott was his favorite author and he knew the Waverly Novels almost by heart. A fa- vorite amusement of his was to examine one of his friends upon these books, and if his pupil displayed any familiarity with them, he was sure to rise in the Judge's estimation. In music, "Drink to me only with thine eyes!" was his favorite song, and he would never tire of listening to others sing it or of singing it himself if given an opportu- nity.
Warren J. Woodward .- On Judge Jones declining to be a candidate, the attorneys of Berks county selected to succeed him Warren J. Woodward, then presiding in another judicial district of the state. This was a most happy selection, for Judge Woodward probably gave more universal satisfaction in the county than any other judge that preceded him, while it has gen- erally been the wish of all the succeeding judges to make their records as spotless as that of this illustrious predecessor. Henry W. Smith opposed Woodward in the Demo- cratic convention of 1861. but withdrew be- fore a ballot was taken and his opponent was chosen unanimously. A so-called "Union" meeting was afterwards held, which nomi- nated Smith and fiercely attacked the Dem-
ocratic platform, which only advocated "constitutional means for the suppression of the rebellion." This independent movement and the bitter partisan feeling of the time did not materially affect the normal Demo- cratic vote, and Woodward was elected by a majority of about four thousand. Judge Woodward was born in Wayne county in the year 1819, and his mind was molded to the law both by heredity and surroundings, his grandfather being a judge of that county, his father prothonotary, and his uncle, George W. Woodward, with whom he stud- ied law, being a common pleas judge and afterwards a justice of the Supreme Court. He received an academic education and taught school for some time, after which he went into journalism and became connected with the staff of the Pennsylvanian, a prom- inent Democratic paper published in Phil- . adelphia, where he continued till 1842. He was admitted to the bar of Luzerne county at the age of twenty-three and continued there in active practice for fourteen years. As a young lawyer his diligence and thor- oughness became so marked that he was fre- quently taken in by older and busier men to help them in important litigation, and in this way he soon acquired great local repu -. tation. In 1856 a new judicial district was created out of Columbia, Sullivan and W.v- oming counties, and as the majority in each of these was Democratic, Governor Pollock. though a Republican, decided to appoint a Democrat to the position, and, in accordance with the decided public sentiment of that section, selected Woodward as his choice. At the general election following he was unani- mously elected by the people for the term of ten years, and it was this position which he left to accept that of president judge of Berks county. After the termination of his. first term of office, he was unanimously re- nominated with great enthusiasm by the Democratic convention, and in accepting the nomination made a speech which in
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many ways is a model of its kind, plaeing himself on record as the judge of the people and not of any particular politieal organiza- tion, and not onec mentioning the words "Democratic party." A determined effort was made in the Republican convention, baeked by almost all the lawyers of that party, to give an endorsement to Judge Woodward; but the more radical members insisted upon a eandidate, and nominated Henry Van Reed, who, though at first refus- ing to run, finally remained on the tieket. There was no real contest, however, and Judge Woodward was elected by a majority of about six thousand. By this time he had become known as one of the ablest jurists in the state and had been tendered the nomina- tion for judge in two other distriets besides Berks county, both of which offers he de- elined. When the Constitution of 1874 gave the Demoerats of the state the certainty of electing one of the two new members of the Supreme Court, Judge Woodward was ehosen for that position, and left Reading to aeeept it amid the deepest regrets of the bar as well as of the entire community. He only lived to occupy his seat for about four years, dying in Delaware county, New York, in the sixtieth year of his age. He was an ideal judge and lawyer. Careful, painstak- ing, and aceurate, no amount of labor was too great for him and no detail too trivial to escape his attention. He was not a mere case lawyer, however, but thoroughly grounded in the great fundamental doc- trines of jurisprudenee. He understood the philosophy of the subjeet and based his de- cisions not only upon mere precedent, but upon the great, undying principles of univer- sal justice. His style was terse, clear, and forcible, and his logie orderly and eonvinc- ing. Perhaps the most notieeable eharac- teristic of his mind was his sound and im- partial judgment. The relianee of the bar upon his opinions was simply wonderful, and so great was the confidenee in their eor-
reetness that there were comparatively few appeals taken from him to the Supreme Court. Indeed, this fair-mindedness was a part of the nature of the man and was evi- denced in every phase of his existenee. Though strongly attached to Democratic prineiples, he was never a politician or an offensive partisan, but won the praise of both parties by his absolute impartiality. Though called to Berks eounty at those most troubled and bitter days in the first years of the Civil war, in a state intensely Repub- lican and a county intensely Demoeratie, Judge Woodward conducted himself with a patriotism and propriety which did mueh to allay the turmoil threatening to break forth at any moment, and showed the people of his community that a man eould be a good Dem- ocrat and yet support the government in suppressing the rebellion. As a man Judge Woodward was kindly, courteous, and lova- ble, and though somewhat retiring in dispo- sition, those well acquainted with him were attached to him with a warmth and zeal which knew no bounds. He believed in human nature and had not that doubt of the integrity of his fellow-beings which so many men of ability unfortunately profess. He is said to have trusted completely every lawyer who appeared before him, but if once de- ceived by an attorney on account of this trustfulness, he never had a particle of con- fidence in him in the future. His forehead was broad and his eyes impressive, but his faee was thin and bore on it the signs of physieal suffering, from which he was sel- don free and which he endured with quiet fortitude. Never of a robust constitution, his sedentary life, the excessive use of to- baeco, and the eating of indigestible food (he is said not to have touched bread for years, but to have substituted hot cakes and other unwholesome articles) greatly affeeted his health, and for many years he was con- stantly struggling against bodily diseomfort and siekness. In the later years of his life
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work was only accomplished by the expendi- ture of terrible mental energy and by indom- itable will; but his industry never flagged and the successful fulfillment of all his on- erous and responsible duties was a splendid example of the triumph of mental strength over physical weakness. His conscientious- ness was equally exact in all other matters as in the performance of his judicial labors. His sense of honor was most scrupulous, his love of truth unwavering, and his integrity of that kind which is never even questioned. George F. Baer, who probably tried more im- portant cases before Judge Woodward than any other lawyer, and whose familiarity with the bench and bar all over the country makes him capable of discriminating, once said of him: "No man ever tried harder or came nearer filling the full measure of a per- feet judge than Judge Woodward."
Jeremiah Hagenman .- On the elevation of Judge Woodward to the Supreme bench, Jeremiah Hagenman, then additional law judge, was promoted to the presidency of the court. Judge Hageuman was born in 1820 at Phoenixville, Chester county, his parents having come from Wurtemberg to this county some few years before. In his early days Judge Hagenman was engaged as a nail packer at the Phoenix Iron Works, but when still a lad he fell from a hickory tree while gathering nuts and broke his arm, and though at first the fracture seemed to be progressing finely, the bandages were kept on too long and the doctor was obliged to amputate. This accident entirely changed the career of young Hagenman. Manual labor was almost impossible and he began the training of a naturally vigorous mind for entrance into his proper sphere-that of pro- fessional labor. He began teaching school in Phoenixville, and afterward pursued the same occupation in Reading, studying law during his leisure hours in the office of Peter Filbert, afterwards mayor of the city. Judge Ilagenman engaged in politics as well as
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