The twentieth century bench and bar of Pennsylvania, volume I, Part 78

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 78

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).

539

YORK COUNTY

turn to the practice of his profession and to the field of politics. Charles Smith resided at Laneaster, but praetieed extensively on the cireuit. He was noted for his familiarity with the law relating to land titles, and was the author of "Smith's Laws of Pennsylva- nia." About this time also appear on the records the names of David Watts, of C'ar- lisle, and George Fisher, of Harrisburg. fa- ther of Hon. Robert J. Fisher.

Here closes the sketch of the first half century, not beeause all practitioners worthy of mention have been enumerated, nor all worthy of note said about those who have been referred to, but as many and as much as the space at our command will permit. From what is stated it is trusted the reader will be able to form a general and tolerably correet impression as to the character of the men who piloted the bark of jurisprudence in the county during this period.

During the opening years of the new cen- tury we still find in active practice, of those we have hitherto met, Colonel Grier, General Clark, Bowie, Kelly, Barber and Cassat, and a number of those "on the circuit" from sur- rounding eounties, whilst Hon. James Smith, approaching a nonagenarian in age, has retired. Judge Henry is still on the bench during the first deeade, and the practiee is largely in the hands of the men already noted.

Charles A. Barnitz .- A notable addition to the bar came in 1811 in the person of Charles A. Barnitz. He was of a York family and was born in 1780. He received a liberal edu- cation and throughout life retained a love for reading and research beyond the lines of his chosen profession. He aecumulated one of the largest private libraries in the community, replete with works of historic, scientific and literary merit. After his ad- mission to the bar he rose rapidly until he beeame the acknowledged leader at the bar of the county, which position he maintained for nearly a quarter of a century. No mean

accomplishment surely, for among his con temporaries were some of the strongest law- yers that ever graced the local bar. During his practice of nearly forty years he had to contest the field with such men as David Cassat, James Lewis, Daniel Durkee, John Evans, Edward Chapin, Robert J. Fisher, John L. Mayer and John G. Campbell. He was elected to Congress in 1833, serving one term, and for some years was, perhaps, the most prominent citizen of York.

The circuit lawyers' business was now he- ginning to wane, and as the better class of practice was being absorbed by resident practitioners the local bar grew more rapidly in numbers and prominence. In 1805 eame John Strohman, in 1812 John Gardner, both extensive practitioners, and four years later Molton C. Rodgers and Thaddeus Stevens, and again, four years after them, James Lewis and Daniel Durkee. The "Great Com- moner" tarried here but a short while, when he removed to and located at Gettysburg. Lewis and Durkee leaped into prominence immediately upon their admission.

James Lewis was of Quaker parentage. and a native of York county. He was a son of the founder of the town of Lewisberry. and a brother of Chief Justice Ellis Lewis. He was possessed of more than ordinary ability. He was not only an excellent law- yer, but was gifted with a brilliant intelleet, which he had cultivated and stored with va- ried knowledge outside the sphere of his profession. And well he knew how to utilize the same when the opportunity presented itself. Of keen discrimination, quiek per- ception, and ready and pungent style of ex- pression, he was an antagonist worthy of the best legal mettle. He married the daughter of the Hon. Charles A. Barnitz. and his descendants are still among the most prominent citizens of York. The high rank of Daniel Durkee as a practitioner has here- tofore been referred to in connection with his career on the beneh.

540

THE BENCH AND BAR OF PENNSYLVANIA

About this time also came Michael W. Ash, a good lawyer, who enjoyed a large practice, held the office of prothonotary for six years, and a prominent citizen. He, however, did not remain many years when he removed with his family to Philadelphia.

Next in point of time we have John Evans, admitted in 1822, and Edward Chapin, the following year, both of whom stepped rapid- ly forward to the front rank and continued in active practice, the former for over a half century and the latter for nearly that period.

John Evans was a native of Dauphin county, but in his youth came to York, and was educated at the York County academy. After serving a short apprenticeship in a mercantile establishment he began the study of law under Hon. Thaddeus Stevens and David Cassat, Esq., and upon his admission had Hon. James Buchanan as one of his committee of examination. He spoke Penn- sylvania German with the readiness of a mother tongue. He speedily acquired a large practice. During the earlier part of his career the "circuit practice" was still in vogue to some extent, and he was well known in the courts of the adjacent counties. During his long term of practice he had at various times perhaps a larger number of brilliant contemporaries at the local bar than any other member in its history. Under Judge Franklin he met Cassat, Charles A. Barnitz, Stevens, Lewis and Durkee, who preceded him, and of those who came after him were Chapin, Robert J. Fisher, Hambly and Mayer; during Judge Durkee's term, Campbell, Cochran, Potts, Keesey and Chap- man; and in the twenty-five years of his practice before Judge Fisher we find amongst many, such well known names as E. H. Weiser, John Gibson, H. L. Fisher, Latimer, Bittinger, Wickes and Stewart, and the older members of the present bar, some of whom had attained a considerable degree of prominence in his day. After the admis- sion of John L. Mayer, who read law under

his guidance, they associated in practice, and the firm of Evans & Mayer was soon the leader at the York bar. He was noted for his liberality and public spirit, and was ever ready to become an active participant in establishing new enterprises calculated to assist in the development of the material in- terests of the community. He was for a while editor of the "York Republican," the leading Republican paper in the county ; was for a long time president of the York Water company; was one of the founders of the York County Agricultural society and be- came its first president, which position he continued to hold until his death, a period of nearly a quarter of a century. He was tall, well proportioned, had an expressive face, with a well groomed white beard (the writer knew him only during his later years), and looked the courtly gentleman of the old school that he was.

Edward Chapin, Esq., was for forty-six years a practitioner in the courts of York county, and during the larger portion of that time an acknowledged leader at the bar. He was born at Rocky Hill, Conn., February 19, 1799, and graduated at Yale college in 1819. He read law and was admitted to the bar in Connecticut, but shortly afterwards removed to York and was admitted here in 1823. "He soon acquired a reputation as an able lawyer and profound thinker, and during his professional career was engaged in many of the most important causes tried in York and Adams counties, especially those involving intricate and difficult legal questions. In the construction of obscure wills and deeds Mr. Chapin was especially skillful, and he pressed upon the courts his views on such questions with such force of logic and pro- fundity of legal learning that even when un- successful it was usually easier to reject his conclusions than to demonstrate their in- correctness. Judge Fisher, who presided in the courts of York county during eighteen years of Mr. Chapin's practice here, has said

5.11

YORK COUNTY

that his legal arguments were the ablest and most thorough and exhaustive he ever lis- tened to. Mr. Chapin was an intimate per- sonal friend of Hon. Thaddeus Stevens, who practiced law in the adjoining county of Adams during part of Mr. Chapin's profes- sional life. They were each in the habit of obtaining the assistance of the other in causes of unusual magnitude or difficulty. One of the latest and most important causes in which they both appeared was the Ebert will ease, an issue framed to determine the validity of the will of Martin Ebert. Messrs. Evans and Mayer, of York, and Hon. Samuel Hepburn, of Carlisle, appeared for the pro- pounders of the will, and Messrs. Chapin and Stevens for the contestants. It was a eon- test of intellectual and professional giants, to which the magnitude of the interests in- volved as well as the reputation of the eoun- sel eoneerned, attracted great publie interest. Though unsueeessful in winning his eause, Mr. Chapin's address to the jury had been pronouneed by competent judges, who lis- tened to it with delight, the most eloquent oratorieal appeal ever made to a jury within their recollection. Mr. Chapin was not what is called a case lawyer. A close reader, a profound thinker, deeply versed in the prin- ciples underlying the science of law, his arguments contained few citations of author- ity and few references to text books. He was always listened to, both in the County Court and in the Supreme. Court, with the respectful attention his great professional learning and ability deserved. Mr. Chapin was a great reader. He possessed a eonsid- erable knowledge of most branches of natu- ral seienee. His learning and eulture em- braeed a wide field. As a legal practitioner his eonduet was not only above reproach or suspicion of unfairness or impropriety, but he rejected as beneath him many of the methods resorted to by practitioners who are regarded as reputable. He onee told the writer of this sketeh, and his life bore wit-

ness to the truth of this statement, that he never during his professional life solieited or sought, directly or indirectly, the business or employment of any individual. Content with the business that his talent and reputa- tion brought, he used no artifiee to extend his elientage. He was counsel for the York and Maryland Line Railroad company from the ineeption of that enterprise, and of the Northern Central Railroad company into which it afterwards merged, to the time of his death. Mr. Chapin's delight and recre- ation was in the eultivation of fruits, flow- ers and vegetables. He was extremely fond of gunning, and his portly form armed with a gun which few men eould hold to their shoulder was a familiar figure about Peach Bottom in the dueking season." He died in March, 1868.

About this time we find on the records of the courts the names of Hon. James Buch- anan, later President of the United States; Charles B. Penrose, of Carlisle, who became solieitor of the treasury under Presidents Harrison and Tyler; and a little later Ellis Lewis, afterward chief justice of Pennsyl- vania. Their practice here was, however, comparatively limited. Still a little later came Daniel M. Smyser, an exeellent lawyer, who removed to Bucks county, and in 1851 became president judge of the Bucks-Mont- gomery distriet; Thomas Cooper, a distin- guished lawyer and legislator, finally reaeli- ing a seat in the United States Senate; and Andrew Galbraith Miller, afterward a Unit- ed States judge in the state of Wisconsin.

Following elose upon each other in 1828 and 1829 we have William H. Kurtz, an ex- tensive practitioner and an active man of affairs outside of his profession; Hon. Rob- ert J. Fisher, for thirty years president judge of the courts of the county. and Thomas C. Hambly.

Thomas C. Hambly was born in the state of Delaware in 1798, and was educated at the academy in the city of Wilmington. He

542

THE BENCH AND BAR OF PENNSYLVANIA

read law at Carlisle under Judge Hepburn and was admitted to practice in 1828. Im- mediately after his admission he removed to York and was for three years editor of the "York Republican." In his practiee at the bar he was eoneerned in a number of notable cases. One of them arose out of a contest as to the site for a new court house, authorized to be ereeted by an aet of Assembly, enaeted in 1837. The eontest was spirited and eon- tinned for some time, being carried into the Legislature and back into the courts, and was finally determined in favor of the pres- ent site, in behalf of which Mr. Hambly had been employed. Another ease that attracted attracted much attention was the trial of Edward Prigg, of Maryland, for kidnaping a negro woman in York county and earry- ing her into another state. Joseph Ritner had been elected governor of Pennsylvania and had appointed Mr. Hambly deputy at- torney general, and it fell to his lot to rep- resent the commonwealth in the proseeu- tion. This matter was also carried into the Legislature and a special act passed with referenee to this particular case. Prigg was convicted, but an appeal was taken to the Supreme Court of the United States, where the law under which Prigg had been con- vieted was held to be unconstitutional. The case is reported in 41 U. S. Supreme Court Reports, 539. Mr. Hambly was active in the organization of the York and Cumber- land railroad, now a part of the Northern Central, proeured its eharter and was its first president. He was, also, one of the founders of the York Savings institution, now the York County National bank. In the early fifties he removed to California, where he remained for some time, when he returned and resided during the balance of his life in Philadelphia. living to an ex- treme old age.

Two of the strongest lawyers of this pe- riod appeared in the field in close sueees-

sion, in John L. Mayer and John G. Camp- bell.

John L. Mayer was born in Virginia (now West Virginia), August 5, 1810. He gradu- ated at Yale eollege in 1831, read law at York with John Evans, Esq., and was ad- mitted to the bar February 20, 1834. He entered into partnership with his preceptor and for many years the firm of Evans & Mayer had a more extensive practice than any one else at the bar. Eschewing politics and all extraneous matters that might dis- tract his attention from his profession, he devoted his entire energy to study and prac- tiee, and it was not long until he made him- self pre-eminent. Whilst others stood in the front rank, he was admittedly at the head. His industry was unflagging; he was a tire- less reader, and beeame one of the most learned in his profession and a scholar of wide range of knowledge outside. He kept his mind bright in the classies and down to his last years would read books in Latin with ease and apparent pleasure. A eogent reasoner, his arguments were thorough and exhaustive. He was not an orator of the ornate type, painting word pictures in gran- diloquent phrase and studied gesture, but his dietion was of that elear eut order in which every sentenee is intended to tell something. He seemed to have an exhaust- less fund of outside resources to draw upon for the purpose of illustrating a point in hand. In addresing the jury he had a char- aeteristic habit of planting his foot upon the seat of a ehair, his elbow on his knee, and in this almost awkward attitude analyze and comment upon the testimony for five min- utes or longer with no other gesture than the swinging of his slender forefinger to- ward the jury, as if to drive his ideas into their heads. Another peculiarity he exhib- ited in talking to the court. He would talk for a minute or two, with his eyes appar- ently fixed upon a point on the floor some

543

YORK COUNTY

distance away from him, standing perfectly motionless excepting his lips, as if listlessly telling some commonplace incident, then, suddenly, fasten his keen eyes upon the court, as if to read what impression he had made. Without the ornaments of a flowery oratory, his arguments were nevertheless a treat for a lawyer to listen to.

John Gardner Campbell was a native of York county, born in 1812, and was of Irish parentage. He grew to manhood in the country, received his early education there and finished his educational course at the York county academy. He acquired a thor- ough English education and became pro- ficient in the classics. He prepared himself for admission under the guidance of his uncle, John Gardner, Esq., then a prominent lawyer, and was admitted to practice May 17, 1836. He soon gained a high position at the bar, conspicuous alike for his ability and his extensive practice. For a while he was associated in practice with Thomas P. Potts, Esq., and his practice was perhaps second in point of vohunne only to the firm of Evans & Mayer. Mr. Campbell also pos- sessed business capacity as well as legal tal- ent and became identified with a number of local enterprises and institutions in the man- agement of which he exhibited eminent abil- ity as a financier. He assisted in the organi- zation of an insurance company and a bank, being secretary of the former and president of the latter. He was for a time one of the editors of the "People's Advocate," a news- paper published in York, and was a ready and forceful writer. "The original character and interesting material of this paper under sneh management was a marked feature of that day. Mr. Campbell, in addition to the grasp of intellect which made him noted among his professional brethren, was gifted with a mind of uncommon versatility. He was a voluminous reader; everything that came within his reach was absorbed by him

and retained by a memory unexcelled by that of any one. His conversation was en- tertaining by reason of his vast fund of in- formation and he was a great favorite of students, while in the recesses of his capa- cious mind were stored not only that prac- tical and scientific knowledge that served lrim in matters of business, but all those curiosities of literature that gave zest to conversation. Apt quotation and illustra- tion sparkled through all he wrote. Argu- ments in his paper books were not the dry things they are in others' hands, but they were compositions that would bear publica- tion. Some of his contemporaries were in- spired to contest the palm with him, and John L. Mayer and Thomas E. Cochran, Esqs., were his competitors in this novel species of legal disputation."

About this time, also, we begin to see on the records the names of Albert C. Ramsay, who was afterwards an officer in the Mexi- can war; David G. Barnitz, Frederick E. Bailey, John Shelly and Jacob S. Stahle, all of whom became well known practitioners.

Besides those already mentioned, the most conspicuous arrivals during the time Judge Durkce presided (and Judge Irwine, who had intervened for a few years), were Thomas E. Cochran, Thomas P. Potts, V. K. Kecsey, W. C. Chapman and C. B. Wal- lacc.

Thomas P. Potts was admitted March 16, 1844, and soon acquired a high standing at the bar. He was a man of education and ability, an excellent lawyer and an energetic and successful advocate. He was for some time associated ir. practice with John G. Campbell, one of the foremost lawyers of his day, and had a large and remunerative practice. He did not, however, remain many years at York, when he removed to Phila- delphia. He was of portly figure, with florid face, of pleasant address and genial disposition,

544

THE BENCH AND BAR OF PENNSYLVANIA

' Hon. Thomas E. Cochran was born in Del- aware, Mareh 13, 1813, and first came to York in 1834 to edit and publish the "Re- publiean," of which he continued to have charge until 1853. As a writer and journal- ist he was resolute, forcible and pungent, eould use sarcasm effectively if he ehose, and his paper soon bore testimony of the mettle in its editor. In 1840 he was one of the delegates from Pennsylvania to the Whig national convention which nominated William Henry Harrison for President of the United States.

From 1840 to 1843 he represented the dis- triet of York and Laneaster counties in the state senate. A contemporary writer refers to him as "inferior in point of native tal- ents to no man in the senate. This is ad- mitted by his contemporaries, who are eom- petent judges in these matters, for they speak of that which they themselves do feel." In 1860 he was elected auditor gen- eral of the state, serving in that office three years. He was a member of the eonstitu- tional convention that formulated the state constitution in 1873 and served therein as chairman of the important committee on railroads and eanals. His early education had been most thorough, including a full classical course. He was held in the highest estecm throughout the county, and wherever he was known for his ability and his many excellent qualities as a man and a citizen. While he was engaged as editor of the "Republican" he began the study of law under Hon. Charles A. Bar- nitz and was admitted to the bar in 1842. As a lawyer he was a faithful counsellor and a eapable and vigorous advo- cate, and distinguished himself not only in the courts of the county, but elsewhere in the state and in the Supreme Court. The arguments in his paper-books were fre- quently veritable lectures on the law of the case, and with the pungent references to his opponents and criticisms of their posi-

tion cut out, would read like a chapter in a well-written text-book. His praetice through- out was characterized by a thorough ac- quaintance with the law, discriminating judgment and the highest integrity.

Vincent K. Keesey was born in 1822 at Glatz's Ferry, York county, and grew to manhood in the country. When nineteen years of age he came to York, read law with Hon. R. J. Fisher and was admitted Decent- ber 17, 1844. Here began as long, eminent and sueeessful a career at the bar as the history of the courts of the county contains. He leaped at a bound into practice. He speedily took high rank as one of the lead- ing trial lawyers, and during the years of his activity few won greater laurels before eourt or jury. His manner was mild, cour- teous and gentle when in his normal mood. but when ruffled by the detection of false- hood, misrepresentation or deception in any form he could use caustie language with vigor. He was exeeedingly considerate to- ward the younger members of the bar and ever ready to give them the benefit of his ripe counsel. He was the leading spirit in the organization of the Farmers' National bank and was its president from its organi- zation to the time of his death. He was a finaneier of extraordinary ability. Upon his death, which occurred October 4, 1899, the following minute prepared by one of the judges then on the beneh was ordered to be entered upon the records of the eourt : "The beneh and bar of York county mourn today the loss of Vincent K. Keesey, Esq., its oldest and most prominent and most suc- eessful member. For nearly fifty-five years Mr. Keesey has honorably practiced his profession in the same offiee in which he studied its principles with Judge Robert J. Fisher. For more than half a century his learning, industry, sound judgment and conscientious performance of every duty has been recognized and relied upon by the peo- ple of his native county, and won for him

ThozElochran

545

YORK COUNTY

the merited reward of wealth and reputa- tion. His grasp of legal prineiples was com- prehensive, and with his conservative judg- ment and attention to details, made him for years the acknowledged leader of the bar. In his active years there was rarely an impor- tant case in which his skill was not retained. His earnestness and personal eharacter made him strong with the jury and his pro- found knowledge of the law and ripe ex- perience caused the judges of this and the higher courts to pay marked attention to his words. Mr. Keesey made the study and practice of the law his life work and neither the allurements of business nor polities se- dueed hini from his devotion to his profes- sion. It is meet that we should make an unusual pause at this time to eontemplate a long and stainless record at this bar in which suecess and honor have been won as the just reward of industry and integrity. To those who remain, the example of Mr. Keesey should be an ineentive to untiring efforts and devotion to duty and a stimulus to greater interest in the science and prac- tice of the law and to honorable and true living as lawyers and citizens."

William C. Chapman, Esq., one of the most conspicuous figures in the courts dur- ing Judge Fisher's term on the beneh, was admitted in 1847. He was born and raised in the country, in Cumberland county, and received his early education in the common country sehools. He subsequently attended Lafayette eollege, and after graduating read law with James MeCormiek, Esq., of Har- risburg. In 1849 he went to California, where he remained about four years, when he returned and resumed his practiee at York. In 1856 he was elected district attor- ney, whieli office he held for six years. By this time he had aequired an unusually large and varied practice, which remained with him apparently undiminished for nearly thirty years, until his death. His industry was almost phenomenal. He was in love with

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 78

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