The twentieth century bench and bar of Pennsylvania, volume I, Part 8

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

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law, soon built up a large practice, and be- came widely known as well as immensely popular throughout the county. In the year 1850 the office of district attorney was cre- ated and Judge Hagenman was the first in- cumbent, his opponent Samuel Sohl, having only twenty votes in the convention. Three years later he was again elected, the opposi- tion against him mustering only thirteen votes, and he could easily have been chosen for a third time, but declined to run because his practice was now becoming too large to handle. While holding the above office Judge Hagenman was accustomed to pick out some particularly good fighting case. which he would try himself. Among these was a prosecution for fornication and bas- tardy brought by a notorious character known as "Liz Lutz" against the putative father of her bastard child. The defendant was represented by Strong, Smith and O'Brien, three of the ablest practitioners at the bar, and from the testimony of the woman herself the longest period of gesta- tion that could be proved was six months and twenty days. Judge Hagenman inan- aged the trial so skilfully, however, and made so telling a speech to the jury, that they rendered a verdict of conviction. No other district attorney has ever been elected for two terms. Judge Hagenman was an ac- tive Democrat, was a delegate to various state and national conventions, and was the acknowledged head of the organization in the county. When the office of additional law judge was created, his party naturally looked to him to fill that position, not only on account of his recognized leadership, but also on account of his legal capacity and va- ried experience in practice. His nomination was opposed by the so-called "Prison Ring" of that day, but the people were with him and he was made the choice of the conven- tion by the enormous vote of one hundred and thirty-one against only thirty-three for his opponent, B. Frank Boyer. Some dis-

JEREMIAH HAGENMAN.

BERKS COUNTY

satisfied Democrats attempted to organize a movement against him, but it was unsuc- cessful, and he defeated the Republican can- didate, Henry Van Reed, by about six thou- sand five hundred majority. As already stated, he became president judge upon the resignation of Woodward, and at the end of his first term in 1879, though there was some movement against him, he was too strongly intrenched with the people, the op- position vanished in smoke, and he was nom- inated in the convention by acclamation. The end of his second term witnessed the fiercest political battle for the judgeship ever waged in this county. No individual, no matter how capable and incorrupt, can exercise the office of judge for twenty years without creating some antagonisms, nor can anybody, no matter how wise and success- ful his leadership, be for years the virtual head of a political organization without hav- ing a minority opposed to his plans and am- bitious members anxious to take his place. Such was the case with Judge Hagenman, and even then so popular was he, so thor- oughly in touch with the needs of the people, and so unshaken in the attachment of his friends, that no one candidate could defeat him, and it was only by a combination of the field that this result was effected. The question was in doubt up to the last moment, and it was not until the other candidates had withdrawn and centered the opposition in one man, that the convention on the seventh ballot finally nominated Gustav A. Endlich by a majority of only six votes. After retir- ing from the bench Judge Hagenman re- sumed the practice of the law in partnership with his only son, George F., and soon built up a large business. He was elected presi- dent of the Keystone National bank, which he has conducted successfully ever since, and now at the ripe age of eighty-two he is still engaged in these pursuits, possessed of all his faculties, and with as large a circle of friends as ever. Knowing the value of early

mental training for those who must make their own way in the world, Judge Hagen- man was always intensely interested in the subject of public education and for almost thirty years was a director in the Reading school board. He always advocated a inorc liberal spirit in the management of the schools, was a prime mover in the erection of more commodious buildings, and was the originator of the plan of heating the Read- ing schools by furnaces in the cellars. Judge Hagenman's two strongest mental character- isties were vigor and determination. He went at the conduct of a case or the decision of a legal principle with an energy of mind which was almost certain to end in a success- ful result, and his resolution of purpose was of that unbending nature which is generally certain to accomplish the object in view. His opinions were constructed with carc, marked by sagacity, and received with ap- proval by the Supreme Court-for during his long judgeship he was reversed com- paratively seldom.

Henry Van Reed .- On the creation of the office of additional law judge, John W. Geary was governor of the state, and, being anxious to have a Republican fill the new position, he appointed Henry Van Reed, who was the natural selection of that party botlı by his acknowledged ascendency in their councils and by his reputation as a lawyer. He sat upon the bench for somewhat less than three months, but in 1875, when the promotion of Judge Hagenman to the presi- dency made another vacancy, he was again appointed, this time by Governor Hartrauft, and continued in office for a year. His selec- tion by two governors at periods six years apart is a strong proof of his high standing in the community and of his recognized fit- ness for the judicial position. Judge Van Reed was born in Cumru township, Berks county, of a family settled there before the Revolution, and lived in that vicinity all his life. He was a tall, well-built man, of muscu-

THE BENCH AND BAR OF PENNSYLVANIA

lar proportions, and until the day of his death had the repute of great physical strength. He graduated from Dickinson college, studied law in the office of Judge Gordon, and after admission to the bar prac- ticed law in Reading till his gradual retire- ment from active business after leaving the bench the second time. During the Civil war he was an energetic supporter of the na- tional administration, and enlisted as a vol- unteer on both invasions of Pennsylvania. He was a man who on once entering upon a cause embraced it with his whole heart and soul, and it was his earnest and enthusiastic advocacy of the government during the re- bellion, rather than any part which he took in everyday politics, which gave him his prominent position as a Republican in the county. Judge Van Reed was courteous and dignified in demeanor, not only as a judge, but also in his ordinary business and social relations, nor could he tolerate rudeness by anybody in his presence. On one occasion when a passenger on a railroad car insulted a lady, the judge personally laid hands upon the man and ejected him from the train even while in motion. Judge Van Reed, in addition to his qualities as a lawyer, was a shrewd, economical and painstaking business man, and managed the affairs entrusted to him with care and discretion. Socially he was always entertaining. His ideas, though often peculiar, had a freshness and original- ity about them which, with the quaintness of expression that he always used, gave addi- tional zest to his conversation. He was a fearless man, independent and honorable, and, being naturally impulsive, he was wont to follow the inclination of these qualities and to attack zealously and with contempt what was cowardly and mean in others and what did not accord with his own ideas of right. After a protracted illness, which he endured with fortitude, and during which he constantly maintained his interest in the affairs of life. he died on June 30, 1885.

Augustus S. Sassaman .- The creation of the additional law judgeship for Berks county and the fact that Judge Van Reed being a Republican had no chance of elcc- tion, made it necessary for the Democrats to select another candidate. At first they were divided into three factions, one favoring Au- gustus S. Sassaman, the other Albert G. Green, and the third a competent lawyer from some other county-for ever since the conspicuous success of this plan in the sc- lection of Judge Woodward there has been a tendency to pursue the same course when- ever a vacancy has existed in the county ju- diciary. The contest finally simmered down to the two local candidates, and after a close campaign the convention nominated Sassaman by a vote of ninety-nine to seven- ty-two for Green .. As usual, Van Reed was selected by the opposition, but the Demo- cratic majority was too large and Sassaman was elected over him by about five thousand six hundred votes. Judge Sassaman was born in Douglass township, Berks county, in the year 1834. of Pennsylvania German par- entage. He began teaching in Boyertown, Berks county, at the age of seventeen, gradu- ated from Dickinson college in 1855, and re- sumed teaching in New Berlin, Union county, at an institution which was shortly afterwards merged in the Union seminary. Here he was a professor of the classics for three years, of natural science for four, and also at times an instructor in German. While principal of this seminary he studied law, and was admitted to the bar of Union county in 1861. After practicing there for three years he returned to his native county and continued in Reading in active practice or on the bench till his death in September, 1895. His early experience as a teacher made a lasting impression upon his mind and he retained till his latest years much of the learning which he had then acquired. Latin was always his favorite subject: both his conversation and his written discourses

BERKS COUNTY

were full of phrases and quotations in that language, and while a member of the exam- ining board for law students, with which he was connected for many years, he took special pains to see that no student should be admitted without a good elementary knowledge of Latin. His family had been Democrats from their first settlements in the county, and Judge Sassaman inherited his politics as a natural legacy. Before his ele- vation to the bench he was an ardent be- liever in Democratic principles and was a strong campaigner, having the reputation of making the best speeches of his day both in German and English. He was not a politi- cian, however, in the ordinary acceptation of that term, and the only occasion upon which he ever ran for office was when he was elected to the bench. Before his election to this office he had built up a large practice and had won the respect and confidence of the community. As a judge he was consid- erate, attentive, and hard-working; he knew no friends or enemies while engaged in lis- tening to a cause, but had a character for impartiality which made all suitors willing to submit their cases to his arbitrament; and his judicial and professional integrity were unimpeachable. He declined a second term and resumed practice with his two sons, Edwin and Louis A., in which employment he continued till his death.

James N. Ermentrout .- On the refusal of Judge Sassaman to run again for judge, up- wards of eighty members of the bar joined in a formal request to James N. Ermentrout for "permission to present his name to the peo- ple as a proper person to be elected," and he publicly accepted the offer. As a major- ity of all the members of the bar, including almost all of the leading practitioners, signed this flattering but well deserved re- quest, and as the political organization of the county decidedly favored his candidacy, Judge Ermentrout had comparatively clear sailing, and though the friends of Green

made an active canvass in his interest, he withdrew at the convention, and Judge Er- mentrout was nominated by acclamation. The Republicans tried the scheme of nomi- nating a candidate from another county, and selected General J. P. S. Gobin, of Lebanon, but though the Democratic vote was some- what reduced, Judge Ermentrout was elected by the safe majority of over two thousand. He was born at Reading in 1846 and edu- cated in the public schools of the city, being at the head of his class at high school both at entrance and at graduation. The Ermen- trout family were pioneers in the settlement of Berks county, being located from its early history in the neighborhood of the village of Womelsdorf, and both in public and pri- vate life having played a large part in the development of the county. The Judge's brother, the Rev. John S. Ermentrout, was for many years superintendent of the schools, and after James had taught with marked success in the Tuscarora academy of Union, county, as well as in various local schools, and had helped to organize the pa- rochial school of St. John's German Lu- theran church of Reading, he was appointed deputy superintendent under his brother, and for two years gave him most material assistance in conducting the educational sys- tem of the county. Like so many famous lawyers and statesmen in the United States, he studied law while teaching, and after an apprenticeship of some years in the office of his brother, Daniel Ermentrout, was admit- ted to the bar in 1867 and shortly afterwards formed a partnership with his former pre- ceptor. Daniel Ermentrout had always taken an active part in politics, being state senator for a number of years and after- wards congressman, so that his acquaint- ance in the county was widespread; while James, through his late superintendency, had not only become well known, but also immensely popular. The consequence was that this law firm soon established an im-

THIE BENCIL AND BAR OF PENNSYLVANIA

inense practice, and as Daniel Ermentrout devoted himself more to politieal work, the brunt of the labor fell upon the junior men- ber. Their elientage became so numerous and the bulk of their business increased to such an enormous extent, that Judge Ermen- trout was eontinually overworked, and would often be obliged to write his legal pa- pers and to finish the rough ends of his rou- tine work while sitting in the court room waiting for his ease to be ealled or wateh- ing for an opportunity to address the judge. His knowledge of the rules of prae- tice beeame immense and with a naturally excellent memory has helped to make him one of the best nisi prius judges in the state. There was one of his cases which on account of its dramatic nature has become a cause celebre in the county. John George Seltzer was a lawyer and curbstone banker, who had made quite a splurge and sensation in Read- ing. He dabbled in politics somewhat, dressed extravagantly, entertained lavishly, and had a dapper and insinuating manner. For some time he had been the confidential adviser of John Aulenbach, and shortly be- fore the latter's death presented him with a bill of about $35,000 for various services. Aulenbaeh's heirs, though possessed of little cvidenee to rebut the elaim, determined to resist it on aeeount of its sceming enormity, and retained Judge Ermentrout to conduet the defense. The ease seemed positively hopeless, for Seltzer's statement of claim went into the most minute details, and he had engaged Baer, Bland, Reber and Jaeobs, four of the best lawyers at the bar, to try the ease for him. The prospect of defeating the elaim appeared all the more gloomy when counsel for the defense obtained one continuanee after another. He was known to be working up the evidenee, however, and when one of his friends on the opposite side told him for his own sake to abandon the ease, he quietly replied that before the trial was eoneluded every one of Seltzer's law-

yers would leave the plaintiff's table in dis- gust. Seltzer put some twelve or fourteen witnesses upon the stand to substantiate his elaim, and when his case was closed and Judge Ermentrout rose to make his opening speeeh it looked as if there were no chanee at all for the defense. His address was a masterpiece of forensic speaking, nothing flamboyant or tawdry about it, but eloquent because true, because exhaustively prepared. and because presented in forcible manner and lueid English. He proposed to prove that many of the charges were absolutely false-that some were of such a nature that, if allowed, the whole of the principal given by Aulenbach to Seltzer for investment would be eaten up in commissions-that others were fees for conducting suits, which in point of fact had been eondueted by other attorneys and in which Seltzer had merely entered his name on the docket-that Seltzer had committed perjury himself in some par- tieulars and suborned people to do the same in others-and that in point of faet the greater part of the claim was a trumped-up matter, based entirely upon deeeit and per- jury. While he was speaking the lawyers for the plaintiff left the table one after the other, until Seltzer alone remained, sitting there, red and pale by turns, gnashing his teeth with rage and mortifieation. Not a sin- gle witness was put upon the stand by the defense, but the plaintiff's counsel felt that Judge Ermentrout eould prove every word that he had uttered, and foreed their elient to settle at an amount fully adequate for his serviees. During Judge Ermentrout's first term upon the beneh, he gave sueh general satisfaction that he was renominated by aeclamation in his party convention of 1895. The Republicans again nominated a eandi- date from another eounty in the person of Richard Koeh, of Schuylkill, and condueted a bitter personal eampaign against Judge Ermentrout, in which they were totally de- feated by a majority of over five thousand.

JAMES N. ERMANTROUT

BERKS COUNTY

The people had learned to know him as a judge, and the continuation of his former judicial reeord, together with his fair treat- ment of his politieal assailants when they ap- peared before him, has shown that the popu- lar judgment was not ineorreet. As a trial judge he has few if any superiors in the state. Besides a thorough aequaintanee with the rules of evidence and praetiee, he has that sound judgment which enables him to recognize what the common sense of the law is, even when there is no time to eonsult authorities or when the legal prineiple is so deeply buried in faets or details that it ean- not be unearthed without digging. His knowledge of human nature and of the pe- euliarities of the people eomposing this eom- munity gives him a great advantage in hear- ing a ease, so that his deduetions from the testimony of a witness are generally aeeu- rate, and his charges to the jury, in addition to being elear and orderly summaries of the evidenee, are easily understood and not above the heads of his listeners. If there is one quality which might be pieked out above all as his distinguishing elaraeteristie, it is patienee. No room is too hot, no ease too dry, no detail too minute, no lawyer too dull, to disturb the equanimity of the Judge, as long as he knows that his good nature is not being imposed upon. When sultry weather, a tiresome ease, and pestiferous attorneys have been enough to try the patienee of a Job, the writer has seen Judge Ermentrout listening with as perfeet serenity as if the suit were the most interesting upon the doeket. It would not do to leave Judge Er- mentrout without saying that he is also one of the most astute politieians in the county, and that though his judicial position pre- vents him from taking any publie part, his adviee in sueh matters is largely sought by those who are themselves actively engaged.

Hiram H. Schwartz .- In 1883 an orphans' eourt was instituted for this eounty, and Governor Pattison appointed as the first

judge Hiram II. Schwartz, who was subse- quently eleeted for a term of ten years, but died after being in office only seven. He was born in Maxatawny township, but shortly removed to Lehigh county, where his early education was acquired. He gradu- ated from Franklin and Marshall college in 1855 and at onee took up teaching as well as the study of law. He was elected sehool superintendent of Lehigh eounty for three years, and during this term was admitted to the bar in Allentown. He subsequently re- moved to Kutztown, Berks county, and eon- tinued in aetive praetiee there, also taking a prominent part in polities, and serving for two terms as a Demoerat in the State Legis- lature. During his unfinished term upon the beneh Judge Sehwartz gave deeided satis- faetion to the profession. He was eareful and deliberate, and insisted upon regular and orderly procedure by the lawyers ap- pearing before him. Having spent his life in the country distriets, he was well ae- quainted with the eltaraeter and habits of the population-a knowledge of the highest value in determining the sort of eases which oeeurred before his tribunal. He was also greatly guided by equitable principles and preferred to base his decisions upon these, if possible, rather than upon the mere letter of the law. He died in July, 1891.

H. Willis Bland .- On the death of Judge Sehwartz, Governor Pattison made a most happy seleetion in appointing H. Willis Bland, at that time one of the best lawyers at the bar, and who laid aside a most ex- tensive praetiee in order to aeeept the ap- pointment. In the following year he was nominated unanimously by the Demoerats, and every Republiean member of the bar subsequently signed a publie endorsement of him, as a man not only competent in every respeet to fill the position, but one who was eertain to give an absolutely non-partisan administration. He was therefore nominated and eleeted without a shadow of opposition.

THE BENCH AND BAR OF PENNSYLVANIA

In the present year (1902) he has been re- nominated by the Democratic convention and again endorsed by the Republican, so that he has the proud and, in this county, un- paralleled distinction of having run twice for the judicial office without a particle of opposition from either party. These facts speak higher than any words can do in praise of the absolute impartiality and gen- eral merit of his judicial record during the last eleven years. Judge Bland was born in the village of Blandon, Berks county, in 1846, being a descendant of the first settlers in that district. He received his early train- ing in the schools of Birdsboro, but enlisted at the age of fifteen and was fighting the bat- tles of his country while other boys were ae- quiring an education. He remained in serv- ice throughout the Civil war, participating in all the principal battles in Virginia and having the name of being one of the best soldiers and most genial comrades in his reg- iment. Leaving the army at the age of nine- teen, he had his own way to make in the world, and began as a clerk in the Phoenix Iron Company, at Phoenixville. But while in the way of promotion, he acquired an intense love for mechanics and determined to become a machinist. He followed this oc- cupation in Philadelphia for some time, and spent his evenings working at a polytechnic sehool, and a large part of the night, which should have been devoted to sleep, in soli- tary study over his books. This over-taxing of his physical powers culminated in its nat- ural result, and he was prostrated by a se- vere sickness. Being advised that adherence to the hard labors of a machinist would kill him, Judge Bland forsook this employment, and, not knowing exactly what to attempt, finally drifted into the study of law in the office of J. H. Jacobs, at Reading. His rest- less energy and indefatigable zeal soon brought him into prominence, and he laid the foundations of a large practice. In order to acquire experience and to gain confidence

before a judge and jury, he went into crim- inal court a great deal and tried any cases which might be assigned to him-a plan which gave him a most valuable preparation when he came to conduct more important suits in the civil court. Toward the end of his career at the bar he was beginning to obtain a corporation practice, but in most of his cases he stood for the rights of the indi- vidual. His practiee soon became so large and his attention to business continued so unceasing that had he not been elevated to the bench, his health would probably have been broken down completely. Judge Bland prepared his cases with the greatest care and, when once embarked in a trial, forgot everything else and threw himself into it with the most ardent enthusiasm, HIe thus possessed the intellectual as well as the emo- tional qualities which constitute a good ad- vocate, and could not only deliver a strong argument before the judge, but also a telling plea before the jury. Being a born fighter, of a nervous temperament, and with a mind traveling rapidly from subject to subject, he would shift his attacks from one point to another in a manner so rapid and unex- pected that his opponent never knew exactly what to guard against. These eharacteris- ties made him a most dangerous competitor, and put him at the top of the bar as a trial lawyer. Judge Bland always took a leading part in politics and in public life of every deseription. In his publie addresses, both in the legal forum and elsewhere. he is wonder- fully eloquent, and his musieal voice, depth of feeling, and complete abandonment to his subject, have made him a great popular fa- vorite. His speeches are models of good English. and, without being pedantic. have a charming literary and historical flavor about them, which shows a varied and well- digested reading. The latter qualities arc those for which Judge Bland deserves the greatest credit, when we remember that he left school at fifteen and has ever since been

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The twentieth century bench and bar of Pennsylvania, volume I, Part 8

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