The twentieth century bench and bar of Pennsylvania, volume I, Part 77

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

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Hon. John Gibson came to the bench in 1881 as additional law judge, and in 1885,

upon the expiration of Judge Wickes' term, became, by seniority of commission, presi- dent judge. He was born in the city of Balti- more, but in early life came to and received his education in York, the old York County academy, under the roof of which so many men of note have received the rudiments of their education, being his alma mater. Ile was of distinguished lincage on both . the paternal and maternal sides. The Gibsons for several generations before him were noted for their ability, integrity and piety. On his mother's side his great-grandfather was Doctor David Jameson, who was a dis- tinguished officer in the continental army, and a physician of high standing. Three of his sons followed him in the same profession, and the family became noted for skill in the science of medicine and surgery.

John Gibson read law with his uncle, Hon. Robert J. Fisher, and was admitted to the bar in 1851. For thirty years he devoted his best efforts to the practice of his profession. Ile was of fine personal appearance, gentle and unobstrusive in his manner, courteous and affable, and in all respects a thorough gentleman. He was an excellent lawyer, a fine pleader and a polished speaker. He identified himself with social and political movements and was interested in public affairs. In 1868 he was a delegate to the Democratic national convention which non- inated Horatio Seymour for the presidency. and in 1872 he was a member of the consti- tutional convention which drafted the pres- ent constitution of the state. On the bench he was characterized by grace and dignity that lent a charm to the proceedings over which he presided. In 1886 was published a comprehensive history of York county, of which he was the editor, which stands as a lasting monument to him of literary merit, exhaustive research, and smooth and grace- ful style. The writer acknowledges his in- debtedness to its pages for much information eribodied in this sketch. He died July 6,

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1890, before the expiration of his judicial termin.

The following is from the pen of one of his contemporaries, and is here quoted with entire approval: "John Gibson was more than a lawyer or a judge, though it was in these capacities that the fine energy of his mind and nature were mostly revealed. He was eminently endowed for either literature or religious calling, and had he chosen to enter cither of these fields he must have wrought success out of his abilities. The numerous literary productions which he left, such as the history of the county, reveal a flowing, graceful style. His devoutly re- ligious nature was in a large part inherited from his Presbyterian ancestry. It made him an active member of the church, foremost in moral and spiritual movements in the com- munity, ever mindful and just on the bench and attuned his character to gentleness, sym- pathy and benevolence."

Hon. W. F. Bay Stewart was born in Chanceford township, York county, Penn- sylvania, February 25, 1849, and is of Scotch-Irish descent. He received his early education in the public schools of his native township, and at seventeen years of age learned the trade of a blacksmith. After finishing his apprenticeship, he abandoned his trade, and directed his efforts to the ac- quisition of further education. He attended Pleasant Grove academy in Lower Chance- ford, and afterwards the York County accd- emy, in the latter of which he also taught awhile. He read law with Hon. Levi Maish, and was admitted to the bar in November, 1873. Shortly after his admission he formed a partnership with John Blackford, Esq., a prominent young lawyer, who had preceded him to the bar about three years, and who had just been elected district attorney of the county. The firm of Blackford and Stewart advanced rapidly to the position of one of the leaders in the practice, and con- tinued until the death of Mr. Blackford in

1884. Immediately thereafter Mr. Stewart entered into another partnership with H. C. Niles and George E. Neff. This firmn, like- wise, assumed a prominent position at the bar, and eontinucd until the election of Judge Stewart to the bench in 1895. As a lawyer Judge Stewart exhibited a native ability, and adaptability to the profession, energy and force of character that were des- tined to win. Somewhat brusque and posi- tive in his manner and intensely enthusiastic, he made his cases his own, and whilst he sometimes ruffled the tempers of those about him somewhat, he maintained an apparent confidence in the justice and prospects of his cause that was calculated to inspire con- viction in his favor. As a judge he has fully met the expectations of his friends. He is able, careful in the investigation of the phases and merits of matters submitted, in- dustrious in the examination of the law, and clear and decisive in statement. Judge Stewart received a good and substantial English, classical and scientific education to the extent that the curriculum of the old York County academy afforded, and of that thorough practical character for which that institution has for years had a well deserved reputation. He is a reader and a student, and keeps himself well abreast of the drift of scientific and economic thought and prog- ress. He is also a man of affairs, and is as prominent in financial and business circles as he is in the department of the law. He has been the father and chief promoter of a number of most successful enterprises and institutions. He is a firm believer in the doctrine that it is better to keep your facul- ties bright by constant use than to let them drop into decadence by inactivity.

Herec ends our sketch of the Bench of York county, and the reader will pardon the mani- festation on the part of the writer of a modi- cum of what he decms justifiable pride, en- gendered by his study of the character and history of the men who have occupied the

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THE BENCH AND BAR OF PENNSYLVANIA

judicial seat in the county of his nativity and life long residence. Without intending any comparison with the judiciary elsewhere (the data are not at hand to make one even if the inclination existed), we point with pride to the uniformly high standard of our judges. And this in face of the fact that four of the six who reached the position un- der an elective system, did not have among their educational advantages a course through college. They were men who pushed themselves forward by dint of innate force of character and elemental merit, who taught themselves to follow the Baconian rule to "draw their learning out of their books, and not out of their brain," and to "mix well the freedom of their own opinion with the rever- ence of the opinion of their fellows," and who, whether fortune smiled or frowned, re- solved that circumstances should bow at their behest.

THE BAR.

The bar of York county, if we include all who have been admitted to practice in the courts of the county since its erection, num- ber over six hundred. At the time of the organization of the courts in 1749, York was a mere village in a frontier settlement, not yet ten years old. The absence even of the ordinary comforts of life afforded by older communities rendered it a somewhat unin- viting place of residence, and for several years there were no resident lawyers at York. Legal business was transacted by lawyers residing elsewhere, chiefly at Lan- caster and Philadelphia, who followed the courts in session in the neighboring coun- ties and left when the court was over. This was the prevailing custom during the first half century of the county's existence, and was followed, more or less, to a much later date. But few of the carly practitioners in the courts of York county have left any data beyond what may be gleaned from the court records, to enable the chronicler at this day

to describe their personality, their character- istics or their work. Some of those whose names appear in this list did not after the date of their admission again appear before the court; many others but rarely. Here and there a conscientious and faithful coun- sellor and skillful advocate may have been whose history lies buried with his ashes, too long to resurrect. There are, however, abun- dant names, lustrous in the profession and firmly interwoven with the history of their county, state and nation, to furnish a chap- ter of which we may well feel proud.

Samuel Johnson .- The first to maintain an office at York was Samuel Johnson, Esq .; he was a counsellor of distinction who had "a very good library," and for several years seems to have been the only practitioner. He became more distinguished, however, as a preceptor, by reason of the prominence of the men who read law under his direction, than by his exploits at the bar. George Ross, James Smith, Thomas Hartley and Henry Miller are only some of the illustrious names of students in his office, that sparkle on the pages of history of the latter half of the eighteenth and the opening years of the nineteenth century. The taking up and improvement of building lots in York was at that time a prolific source of disagree- ments, in the adjustment of which legal as- sistance was needed, and Mr. Johnson ac- quired an extensive practice in this depart- inent. In 1764 he was commissioned as one of the justices of the court, and also filled the offices of prothonotary, clerk of the courts, register and recorder, from 1764 to 1777.

Hon. James Smith was the second to ven- ture a residence at York. He came in 1760. He had previously followed surveying, and was at the time of his, admission to the York bar upwards of forty-five years of age. He soon acquired a large clientage, and for some years had the local field practically to him- self, the only resident contemporary being

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Mr. Johnson, whose attention was almost wholly directed to the duties of the several offices he held. With Thomas Hartley, who came in 1769, and David Grier, in 1771, the roster of the local bar before the Revolu- tionary war is about complete. Mr. Smith, however, did not confine his practice to York county. He traveled "on the circuit," as was the custom in his day, and his smiling face and entertaining manner were almost as well known in the courts of the surround- ing counties as at York. He was of wide and varied influence outside of his profes- sion. In the discussion and regulation of af- fairs of a public nature or in which the com- inunity in general was interested, he always took an active and leading part. Upon the approach of the Revolution he was one of the first and most conspicuous in the steps taken in anticipation of the coming conflict. He was a deputy from York county to the provincial convention held at Philadelphia in June, 1774, and again to a similar con- vention in January, 1775. In the year fol- lowing, he was a delegate to the conference of committees of the province of Pennsylva- nia. He was a member of the constitutional convention of 1776 which formulated the first constitution for the state of Pennsylva- nia. The same year he was elected to the Continental Congress and participated in its deliberations, at the adoption of the Declara- tion of Independence, and became one of the signers of that document. As early as De- cember, 1774, he became captain of the first military company for the Revolution formed in York, "the object of which was to make soldiers who would be well disciplined for battle in case the dissatisfaction, then exist- ing toward England, should proceed to open hostilities." In 1776 he was appointed a colonel in the Continental army. During the session of the Continental Congress in York from September, 1777, to June, 1778, he was a member of that body, and the committee on war had its headquarters at his law office.

It was here that the gifted secretary of that committee, probably the ablest and most valuable to the colonists of the foreigners that actively espoused their cause, completed the third and commenced the fourth of his "Crises," which are freely esteemed to have done more than any other single individual's work in popularizing that cause, both within and outside of the provinces. In November, 1780, Smith was appointed one of the judges of the high court of appeals, a court sitting annually in the city of Philadelphia on er- rors assigned to judgments of the Supreme Court. After the close of his congressional labors, he resumed his practice and contin- ued it very successfully until the close of the century. In 1801, at the age of over four score years, he retired from active practice. He is described by one writer as "an od- dity," "fond of his bottle and young com- pany, and possessed of an original drollery," and was the "jovial soul of the lawyer on the circuit." This is not to be construed as indicating that he was in any degree dissi- pated, as in that day the bottle was part of . the outfit of every well furnished household, and prohibition ideas had not gained a foot- hold in the juvenile community. Near the close of his life his office was destroyed by fire and with it all his private papers and correspondence, which was not only a serious loss to him but to the public as well. He died in 1806, at the reputed age of ninety- three years.

Of Colonel Smith's resident contempora- ries at the bar, Colonel Hartley and Colonel Grier were the most conspicuous prior to the Revolution, and during the last two decades of that century they were joined by such men as General John Clark, James Hopkins. Ralph Bowie, James Kelley, William Barber and David Cassat. During the larger part of the time covered by the Revolution little seems to have been done in the line of legal transactions in the county worthy of note. For a number of years no courts were held,

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justices and advocates having apparently forsaken their official and professional duties to lend what aid they eould to the common cause of establishing their and their fellow- men's rights as American free men.

Colonel Hartley, though more eonspieuous and more widely known as a publie servant, on the battlefield, and in the couneil halls of the state and nation, was nevertheless a law- ver of prominenee, marked ability and high- ly successful practice. He was born near Reading, Pa., in 1748, and although of Eng- lish parentage spoke the Pennsylvania Ger- man with flueney. In his youth he eame to York, read law in the office of Samuel John- son, Esq., and was admitted to the bar in 1769. He rose in his profession with note- worthy rapidity, dividing the local praetiee with the Hon. James Smith, who was for a few years his only and for a longer time his ehief resident competitor, Mr. Johnson being at that time engrossed in official du- ties. He was likewise a familiar figure at the courts of Cumberland, Lancaster and · other neighboring counties. He was one of the most conspicuous and highly esteemed citizens of York. In 1774 he was elected one of the delegates to the provincial convention, and in 1775 to the conference of committees, held at Philadelphia. He early assisted in raising troops for the Revolution, being lieutenant of the first company organized in York in December, 1774, and by 1778 had risen to the position of eolonel. He served with distinction in the army for three years, when he resigned, Congress, upon aeeepting his resignation, expressing its "high sense of Colonel Hartley's merit and service." In 1778 he was elected to the state Legislature; in 1783 became a member of the council of eensors ; in 1787 a member of the state con- vention which ratified the Constitution of the United States; and in 1788 a member of the first United States Congress. He was continued in Congress in unbroken sueces- sion until his death in 1800. He was a man

of gentle carriage and pleasing manner and address, and amidst his manifold profes- sional and official duties he did not forget the social and recreative side of life. In 1793 he bought a farm of 2171% aeres in Manchester township, about three miles from York, which he afterwards dubbed "Hartle- mont." In the long, low dwelling house, built in the farmhouse style of that day, he reserved a room reaching from one side of the house to the other for his own exclusive use, the rear door from it leading into a pleasure garden ("lustgarten"), containing a variety of rare and ornamental trees. The house is built over a magnificent spring, by the side of which is a small arched apartment which still carries the name of "the wine eellar." Hither, tradition has it, "Old Hart- ley" used to repair on a summer's afternoon to enjoy, with a friend or two, the cool breezes and refreshing spring. He was, how- ever, not an old man, being only thirty-five years of age when he bought the farm and . fifty-two when he died. The deed to him is a voluminous one and is witnessed by Michael Sehmeiser (in German), and George Lewis Lefler, two prominent residents of York. The old farmhouse built by the historie Colonel still shelters the farmer residing on the farm, and "Hartley's room" and wine cellar ean still be seen in the same position if not in the same condition as in the days, more than a eentury ago, when they ministered to the relief of the careworn spirit of their illus- trious author.

Col. David Grier was another of the prom- inent lawyers of that time, who distin- guished himself as a soldier. He, Smith, Hartley and Miller organized the first mili- tary company in the county for the Revolu- tionary serviee. He rose to the rank of lieu- tenant colonel of the Continental line and was a brave and meritorious officer. He was born in 1742, read law under James Smith and was admitted to the bar in 1771. After the Revolutionary war he praeticed his pro-

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fession at York and in adjacent counties with success, having an unusually extensive clientage. He was a member of the Gen- eral Assembly in 1784 and 1785 and a presi- dential elector at the first eleetion of Wash- ington.

Gen. John Clark was admitted to the bar in 1779, but does not appear to have been in practice to any considerable extent until after the close of the Revolutionary struggle. Indeed, the annals of the bar at this period look like a chapter in military history, for, as heretofore stated, practically all the lawyers of distinction took up arms in defense of popular rights. General Clark has a bright military record, was the eonfi- dential friend of General Washington, as shown by the tenor of his private corre- spondence with his ehief and other officers of high rank, still in the possession of his de- seendants. He was an auditor of the army as early as 1777. Shortly after the elose of the war he resumed his practice, and for thirty-five years and up to the very day of his death was a successful praetioner in York, Adams, Cumberland and other coun- ties. He was a large man, with engaging features, of fine personal presence, witty and at times sareastie, "and the delight of the lawyers who traveled upon the eireuit of that day." He was a patron of the church and had gained some celebrity as a Mason. At one time he was tempted to reach out for political preferment, but in this he was not sueeessful, which his lofty and sensitive temperament eaused him to feel keenly, and he was inelined to charge his eoveted eon- stituents with ingratitude. Like many an- other aeeustomed only to high and honorable planes, his experience had not fitted him for the arts of rendering available the elements of sueeess in a politieal eontest. Non eon- stat that his life was not as fully rounded out in honor because of his failure in this behalf.

Ralph Bowie was one of the brightest lights at the bar during the closing decade

of the eighteenth century. He was born, bred and educated in Scotland, and was said to have been admitted to the bar in his na- tive land before emigrating to America. His residenee at York covered a period prolific of cases arising out of disputed land titles, often involving intricate and theretofore un- decided questions, and the application of legal principles to facts and conditions for which no precedent was found. It was in cases in this line that he made his greatest reputation, and his learning, experience and counsel in this behalf were much sought after, not only in York, but in Lancaster, Cumberland and more distant counties. He is referred to by an earlier writer as having had but few equals in the state. With pow- dered queue, bearing evidence of assiduous attention, continental knee breeches and breeches and buckled shoes, a handsome face and figure, accompanied by a gentle grace and dignity which he never permitted to forsake him, he was a conspicuous type of the courtly barrister of his day.

At this time came also James Hopkins, subsequently preceptor of James Buchanan : James Kelly, son-in-law of the Hon. James Smith, who found time amidst a large prac- tiee to serve in the state legislature four terms and in Congress two; George Smith, who commanded a very large practiee ; Charles William Hartley, son of Colonel Hartley; William Barber, a man of high standing at the bar and in the community, and David Cassat, who was as widely known and esteemed for his social qualities and business enterprise as he was for the suecess- ful practice of his profession. Mr. Cassat was admitted to the bar in 1794, and for thirty years was one of the leaders at the bar, in the social eircle, in educational move- ments and in private and public enterprises. "He was a man of good judgment, keen dis- crimination, high moral character and genial and affable manner."

And now, having arrived at the close of

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the century, let us cast a glance in review over the first half century of the history of the courts of the county and note some of the men who figured therein during those years when the cream of the practice was so largely in the hands of the "circuit lawyer." From such information as can be gathered at this late day, it appears that for several years after the erection of the county no gen- eral practitioner resided in York.

George Stevenson resided here, but he had been commissioned as one of the justices of the court and had so many offices at the time that he could pay but little attention to prac- tiec. In some of the less important cases, however, he is recorded as prosecutor for "our sovoreign lord, the King." These prosecutors usually resided in one of the neighboring counties, sometimes as far as Philadelphia, as in the case of John Morris, .Jr., Esq., who became prosecutor for York county in 1763. Occasionally in very impor- tant cases the attorney general of Pennsyl- vania, the aristocratic Benjamin Chew, would himself be present and conduct the prosecution.

Among the itinerants who practiced in the early courts of York appear many distin- guished names and some of the foremost of the state.

Edward Shippen, Jr., Esq., of Lancaster, was admitted to the courts of York county in 1751, and had considerable practice here. In 1753 he became prosecutor for the King and held the position for several years. He had already become a member of the honor- able society of Middle Temple Bar of Lon- don. He rose rapidly in the profession and became chief justice of Pennsylvania.

George Ross, also of Lancaster, was ad- mitted in 1749, upon the organization of the courts, and was a familiar figure here with his handsome face and continental queue for more than a quarter of a century. He be- came a member of the Congress of 1776 and

was a signer of the Declaration of Independ- ence.

Another Lancasterian of prominence in our courts was Jasper Yeates, an excellent lawyer, a elassical scholar, one of the early compilers of Pennsylvania Reports, and for sixteen years one of the justices of the Su- preme Court of the state. Also Hugh Bay, who within a few years after the organiza- tion of the county acquired a very extensive practice; and John Mather, Jr., and William McClay, who afterward became the first United States Senator from Pennsylvania, both of whom became well known practi- tioners in the courts herc.

James Wilson, LL. D., of Carlisle, was ad- mitted at York in 1767. He was one of the brightest legal lights in the province, and was conspicuous in national affairs. He was a signer of the Declaration of Independence, one of the leading members of the conven- tion that formulated the constitution of the United States, and was appointed by Presi- dent Washington one of the first justices of the Supreme Court of the United States.

Just before the Revolution came Thomas Smith, of Carlisle, who subsequently became the first judge of Cumberland county under the constitution of 1790, and later an asso- ciate judge of the Supreme Court. In 1781 three distinguished lawyers were admitted- Stephen Chambers, of Lancaster, James Ham- ilton, afterward a noted judge of Cumber- land county, and Col. Robert McGaw, who made a brilliant record as a soldier from York county, but after the close of the war resided at Carlisle. In 1785 appear Ross Thompson and James Riddle, followed in 1787 by Charles Smith, the last two after- wards occupying the bench in Cumberland county. Riddle was born in York county and read law here, but subsequently re- moved to Carlisle. He is noted as a judge who, from the strength of his political con- victions, resigned his judicial position to re-

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The twentieth century bench and bar of Pennsylvania, volume I, Part 77

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