The twentieth century bench and bar of Pennsylvania, volume I, Part 80

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 80


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Mr. Strine was married in 1865 to Adaline Elizabeth Dehoff, daughter of Amos M. De- hoff and Emeline (Stambaugh) Dehoff. Mrs.


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THE BENCH AND BAR OF PENNSYLVANIA


Strine was born in West Manheim township, York county, January 4, 1846. The great- grandfather of Mrs. Strine was George Philip Dehoff, who was a Frenehman and settled in America during the eighteenth century. The latter served in the Revolu- tionary war under the command of General Washington, participating in a number of battles, among them being Brandywine and Trenton ; and also was at Valley Forge dur- ing the winter of 1777-78.


Mr. and Mrs. Strine have two children, Enmia A. Strine and Ulysses S. Grant Strine. The former married Rev. E. H. Ehrhart, pas- tor of the Lutheran church of Silver Run, Carrol county, Maryland. Rev. Mr. Ehrhart is a York eountian by birth and a graduate of Pennsylvania college at Gettysburg, in the class of 1893, as well as a graduate of the Theologieal Lutheran seminary of the elass of 1896, of Gettysburg. Mrs. Ehrhart is a highly accomplished and educated


woman and one of the leading spirits of her husband's congregation. Ulysses S. Grant Strine married Amanda Waring, daughter of George W. and Maria (Grim) Waring. He was a student at the York County aead- emy and graduated from York Collegiate Institute, elass of 1887. He was first ser- geant of company A, Eighth regiment, N. G. P., for a number of years, having been connected with said company from May, 1884 to 1894; was present with his eompany at the Homestead riot of 1892. He is now engaged in the mereantile business. The father of Mrs. U. S. G. Strine was born in Franklinville, Cattaraugus county, New York, and her mother in Dallastown, York county, Pennsylvania. Two children have been born to Mr. and Mrs. U. S. G. Strine- Janet Waring Strine and Franees Lois Strine.


Mr. and Mrs. E. Z. Strine are members of Trinity Reform ehureh, of York, Pa.


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WYOMING COUNTY


..


WYOMING COUNTY


BY W. E. LITTLE


Wyoming county was erected by Act of Assembly April 4, 1842 (amended June 28, same year) from the northwestern corner of Luzerne. It was sparsely populated. There was in it but one village large enough to be organized as a borough, Tunkhannock, and that had less than three hundred inhabi- tants. The creation of the county was a busi- ness necessity, however, as it was a two day's journey from the more distant portions to Wilkesbarre, the county seat of Luzerne county, and in its territory there arose a great deal of litigation, principally growing out of interfering surveys and conflicting land lines.


The new county was annexed to the cleventh judicial district, then composed of the counties of Monroe, Pike, Susquehanna and Wayne, and presided over by the Hon. William Jessup, whose home was Montrose, Susquehanna county. By Act of February 15, 1843, it was directed that the courts of Wyoming should be held on the Tuesdays succeeding the courts in Pike county. The first court was held March 28, 1843, be- fore the two associate judges, Perrin Ross and William S. Jayne. The other officers were James Brown, prothonotary; Thomas Osterhout, sheriff, and F. M. Hepburn, crier. Wm. M. Piatt acted as court clerk at this and at a few of the succeeding terms, until the prothonotary learned the business. At this term seven attorneys were admitted. The other business transacted was the granting of four tavern licenses, the appointment of an examining committee, the adoption of the court rules of the eleventh district and the presentation of a petition in divorce. The


examining committee were Messrs. Holliday, Peckham and Miller. The court rules adop- ted consisted of twenty-two pages, three in- ches by five each.


The first jury term was held May 23, 1843 before the full bench. Paul B. Jennings was the foreman of the grand jury and E. E. LeClerc, a non-resident attorney, was the prosecuting attorney for the term. At this term seventeen attorneys were admitted, but only one of them was a resident of the county.


The first court house and jail were erected during the year 1843. The court house was forty feet square and the court room oc- cupied the whole of the second story. The jury rooms and offices were on the first floor. It can be readily understood that the de- liberations of the juries, especially in weather when windows had to be open, were public property. The present court house was erected in 1870, and is large enough for the business of the county. The litigation of the county reached high water mark about 1865 and since 1880 it has been de- creasing. There have been four convictions of murder in the first degree since the form- ation of the county; one convict escaped from the jail and the others were executed and it so happened, by the same sheriff.


The president judges of the county have been Judge Jessup, above mentioned, who held until the elective judiciary amendment to the Constitution went into effect. His successor was Hon. John W. Conyngham, who resided at Wilkesbarre. He served until 1856, when this county was attached to the twenty-sixth district, composed of the coun-


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THE BENCH AND BAR OF PENNSYLVANIA


ties of Columbia, Sullivan and Wyoming. Hon. Warren J. Woodward was the first judge of the new distriet and served until 1862, when he resigned in order to take the judgeship of Berks eounty. He was after- wards promoted to the supreme bench. Hon. A. K. Peekham was appointed to sueceed him and held the office nearly a year. Hon. Wm. Elwell was eleeted in 1862 and again in 1872. In 1874 Sullivan and Wyoming were made the forty-fourth distriet, and Hon. T. J. Ingham was appointed and afterwards clected. In 1884 Hon. John A. Sittser was elected president judge of the distriet. Hc resided in Tunkhannock and, with the exeep- tion of the one year of Judge Peekham's service, is the only resident judge that Wy- oming county has had. He was succeeded in 1894 by Hon. E. M. Dunham, the present ineumbent.


Of the many attorneys admitted in the early days of the county but few opened of- fices here, and of these some left after a short trial. Those that remained were :


Aaron K. Peckham, born October 3, 1815, admitted Mareh term, 1843, died Mareh 22, 1865. Judge Pcekhiam was appointed judge of the twenty-sixth district in 1862 and held the office for nearly a year. He opened the first law office ever opened in Tunkhannoek about one year before the formation of the eounty. Mr. Peekham was a gentleman of rather exeitable temperament and somewhat aggressive in his method of dealing with the opposing witnesses. He had remarkable ability in the line of making the most of a bad ease, but was perhaps too sanguine in other eases.


Wm. H. Miller was born and read law at Carlisle, Cumberland county. He opened a law office in Tunkhannoek some months be- fore the formation of the new eounty, but re- turned to Carlisle about one year thereafter.


John Brisbin was also admitted at March sessions, 1843. He continued to practice in the county until 1854, when he removed to


Seranton, Lackawanna county, having been employed by the Delaware, Laekawanna and Western Railroad Co. as their attorney. Mr. Brisbin's abilities were so marked that he rose rapidly in the company, in a few years becoming the president of the road. He died at Newark, N. J., on the 3rd of February, 1880.


Robert R. Little, born at Kortright, Dela- ware eounty, New York, March 13, 1820, studied law and was admitted to the bar of Susquehanna county in September, 1842. IIe came to Tunkhannoek in the spring of 1843, immediately after it had been selected as the county scat of the new county of Wyom- ing. He was gifted with a legal mind, was a scholar and student, a forceful and con- vineing speaker, and was'a man who com- manded the respect and won the confidenee of the people of the county where his life work was done. He was always ready and willing to do his part as a eitizen, and was elected and served as a member of the legis- lature of his state in 1848 and 1849.


He was a lawyer of sueh recognized ability that in 1857 he was appointed judge advo- cate of the Naval Court of Inquiry at Wash- ington. He served in that position until the business for which the court was created was disposed of, when he returned to Tunkhan- nock and again engaged in aetive practiee. In 1874 he was again eleeted to the legisla- ture, after which he resumed his interrupted practice until failing health and the burden of years compelled him to retire from the active praetiee of his profession. He died in 1892, full of years and honors.


Edward Elwell of Bradford eounty was also admitted Mareh term, 1843. After prae- tieing about two years removed to Sheboy- gan, Wiseonsin.


Elhanan Smith was admitted at May term, 1843, and continued to reside in the eounty for about ten years, when he removed to Towanda, Bradford eounty. Until his re- moval he was a member of the firm of Peck-


R. R. LITTLE.


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WYOMING COUNTY


ham & Smith; afterwards he continued to praetiee in the county, attending nearly every court. lle was associated with the Messrs. Ross under the firm name of Smith & Ross. Col. Smith was especially notice- able for his eloquence and in that respect he has never had an equal at the Wyoming bar.


S. S. Winchester was admitted at Septem- ber term, 1843. He praetieed law in the eounty for about ten years, a portion of the time as a partner of Hon. R. R. Little and theu removed to Wilkesbarre, Luzerne coun- ty, where he died. His tastes led him to confine his praetiee almost exclusively to real estate law, the first and perhaps the only specialist ever in the county.


Wm. M. Piatt was born and reared at Wat- sontown in Lycoming county. He, too, came to Tunkhannock in 1843 to cast his fortunes with the new county. He at onee entered actively on the practice of his profession and built up a large and profitable business. He was a man of untiring energy and force. He was strong in his friendships and equally strong in his disapproval of those who were antagonistie to him He was a leader in the politieal life of the new county and in 1853 was elected state senator from his dis- triet. He was chosen speaker of the senate in 1855. He was later appointed by the gov- ernor a member of his staff with the rank of major. The later years of his life were spent in the unremitting practice of his pro- fession. He was a prominent figure in the professional and business life of the county and had a wide acquaintance with its people. He died in 1889 at a good old age.


John J. Millon was admitted to the bar February term, 1845, as a member of the New York state bar. Very shortly after his admission he was made the prosecuting offieer of the county, which position he held for a number of years. He died in Tunkhan- noek in 1855, and it is now not known where his grave is located. He was a quiet, non- aggressive and careful lawyer.


Geo. S. Tutton was born in Wales, Christ- mas Day, 1818, was admitted to the bar at November term, 1846. He died in Tunkhan- nock December, 1866. Ile served one term as member of the state legislature. Mr. Tutton was a careful painstaking lawyer and of marked ability, he was also a very superior musician. Instructing bands and composing divided his allegiance with the usual result.


Benjamin Franklin Harding was born near Tunkhannock, January 4, 1823, and prob- ably admitted in the year 1847, but uo reeord can be found in the prothonotary's office of the date. He soon afterwards removed to Oregon, where he became a president judge and afterwards a United States senator. He was a man of ability and of an extremely ju- dieial temperament, thereby making hin more qualified to perform the duties of the offiees which he held than to contend at the bar in the trial of eases.


Franklin C. Ross was born January 15. 1822, admitted to the bar May term, 1847. died April 13, 1900. Previous to his admis- sion he had served the county as register and reeorder and also as treasurer. As before stated he entered into a partnership with Col. Smith. Mr. Ross was highly esteemed as a consulting attorney.


Milton Dana opened an offiee in Tunkhan- noek in 1850, but having been appointed postmaster of the town he did not enter into the active practice of the law. He removed to Texas within a few years thereafter.


Jacob DeWitt was admitted in 1857; he was associated with Mr. Little until 1863 when he removed to Towanda, where he con- tinued to practice until his death.


Richard P. Ross, born January 8, 1832, was admitted February term. 1853; he en- tered into partnership with Colonel Smith and his brother, F. C. Ross. Mr. Ross was a very fine musician and a gentleman of great literary culture. He never enjoyed the court part of his profession but confined him-


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THE BENCH AND BAR OF PENNSYLVANIA


self exclusively to office work. He died November 7, 1887.


P. M. Osterhout, born at La Grange, Wy- omning county, May 21, 1810, was admitted May term, 1851, having served as prothon- otary for the two preceding terms. He held the office of representative two terms and state senator one term. Mr. Osterhout was an active and vigorous lawyer but his tastes led him into politics to which he paid more attention than to the practice. He died May 13, 1890.


Harvey Sickler was born January 10, 1832, admitted May term, 1855, died October 11, 1891. Very soon after his admission he assumed charge of the Wyoming Democrat and conducted the same for several years, when he was elected to the office of associate judge. He resigned this position in 1872 and entered upon the active practice of his pro- fession. Judge Sickler was able and ener- getic and was stringent in demanding that all the ethical rules of the profession should be observed.


O. L. Parish was admitted in the year 1865. He held the office of register and record- er of the county for one term. In 1872 he removed to Chicago, maintained an office there until his death about 1875. This closes the chapter as to the early bar of Wyoming county. The next gentleman admitted is still living.


James E. Frear was born in Wyoming county, Pa., in 1856 to Edrick and Emma (Mead) Frear-the former a native of Penn-


sylvania, and the latter of New York state. His father was a millwright by trade, oper- ating a flouring mill at Scranton for many years. His ancestors on the paternal side emigrated from Holland and France in an early day and settled in Pennsylvania.


Mr. James Frear was educated at the Key- stone Academy and at Bucknell University, graduating from the latter institution in the class of 1878. He entered the office of M. J. Wilson, at Scranton, for the study of law, and was admitted to the Lackawanna county bar in 1880. After three years' prac- tice at this bar, he removed to Tunkhannock, Wyoming county, and entered into a co-part- nership with Henry Harding, Esq., under the firm name of Harding & Frear. After four years' successful practice, this partnership was dissolved, from which time until his de- cease Mr. Frear was engaged in a general practice alone. An active Republican, he was elected district attorney of Wyoming county in 1889, and was re-elected in 1892. During his term as district attorney, he prosecuted and convicted the only person ever executed for murder in this county. He was a mem- ber of the Knights of Pythias and of the Red Men.


In 1890 Mr. Frear was married to Miss Susie Marcy, who died in 1891, leaving a son. Mr. Frear re-married in 1893, Miss Mary, daughter of H. F. Lobeck. By this mar- riage he has three daughters-Hilda, Her- mina and Alma. He died August 2, 1902.


.


SULLIVAN COUNTY


557


SULLIVAN COUNTY


THE FIRST COURT.


The court of quarter sessions and common pleas was convened in the Evangelical church on Cherry Hill, June 5, 1848. Judge Anthony, of Williamsport, presided. A. J. Dietrick was sworn as district attorney. The church was crowded with people, and a great array of attorneys was in attendance. As soon as the grand jury was called, Wil- liam Elwell, Esq., of Towanda, acting as at- torney for Lewis Zaner, a defendant under recognizance, moved the court to quash the array of grand jurors and discharge the said Zaner, a defendant,-first, because the said defendant was called to appear at Cherry- town, whereas the seat of justice is at La- porte, nine or ten miles distant; second, be- cause the grand jurors were drawn at Cher- rytown, and not at Laporte, the county seat. Then followed an animated argument. The attorneys employed and present were Oliver Watson, James Gamble and J. Hughes of Williamsport; Joshua W. Comly, of Dan- ville; Charles R. Buckalew, of Bloomsburg; J. M. B. Petriken, of Muncie, and William Elvell and Ulysses Mercur, of Towanda. Joshua W. Comly led the opposition to the motion to quash the grand jury. After a full hearing, Judge Anthony sustained the mo- tion to quash the array, and the court ended. The result was that the county offices were opened at Laporte in the building erected by Mr. Meylert.


On December 25, 1848, court convened at Laporte, with Hon. J. B. Anthony president judge, and Hon. William Colley and Hon. John A. Speaker, associate judges. The next day the court adjourned, not to meet again until the first Tuesday in June, 1849.


Meanwhile petitions had been circulated and largely signed, and presented to the leg- islature early in the session of 1849, asking that commissioners be appointed to review the location of the county seat. According- ly, an act was passed March 26, 1849, ap- pointing Jedediah Irish, of Schuylkill coun- ty; Hon. William Jessup, of Susquehanna county, and the Hon. J. H. Broadhead, of Pike county, to review, and if, in their opin- ion, it should prove necessary, to relocate the county seat. These commissioners met at Laporte on the 20th of June, 1849, and went from there to Cherry, and thence to Forksville. At the latter place they had a public hearing and a large crowd attended, as all the former excitement in the county was revived and intensified.


After a full hearing the commissioners ad- journed to meet at Wilkes-Barre. The Hon. William Jessup immediately left the county ; Hon. John HI. Broadhead and Jedediah Irish, Esq., went as far as the tavern of Mrs. Fairchild, where they stopped for the night. It was on Saturday evening, November 3d, and they went out and drove a stake by moonlight for the site of a court house, on a farm late the property of Freeman Fair- child, and made returns that they had es- tablished the county seat at that place. Their report was filed December 18, 1849. The county offices were removed back to Cherrytown soon after the December term of court held in Laporte that year.


Immediately thereafter the power of the legislature was again invoked. There was a contest at Harrisburg. Charges of bribery and fraud were made. After much conten-


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THE BENCH AND BAR OF PENNSYLVANIA


tion the act of April 9, 1850, was passed, which repcaled the act of March 26, 1849. The effect of this was to place the county seat at Laporte.


The large building long known as the La- porte hotel, was crected by Michael Meylert in 1850, and a large room over the kitchen part was especially built for a court room. There was also a room for the commission- ers' office and another for the prothonotary and register and recorder. A strong plank house, one story high, was built for a jail.


At the time the controversy about the county seat was ended, there were living at Laporte only six families. The square reserved for the court house and park was dotted with huge hemlock stumps and deco- rated with rocks. All around the little clear- ing in every direction were miles of dense, primeval forests. The nearest railroad was on the opposite side of the river from Mun- cie. about twenty-eiglit miles distant. At the Presidential election of 1848, there were in the whole county 469 votes cast.


President Judge Joseph B. Anthony died between the September session, 1850, and the February session of 1851, and James Pol- lock was appointed to take his place. Judge Pollock came upon the bench at the Febru- ary term, 1851. An act of assembly had been passed providing that in Sullivan coun- ty one person should hold the office of pro- thonotary, register and recorder, clerk of the orphans' court, clerk of the quarter ses- sion and court of oyer and terminer. Alfred Bennett's term as prothonotary had expired, and William Mullan was elected to hold the office of prothonotary, and the other offices combined with it in the act of assembly. Mr. Mullan therefore took his seat as prothono- tary. Henry Metcalf, of Dushore, was quali- fied as district attorney. The resident at- torneys at that time . were A. J. Dietrick, Henry Metcalf and J. R. Jones. An attor- ney named Thomas L. Boyleau, came to La- porte in January of that year, whose legal


career in Laporte was very limited, having been disbarred the next day after his ad- mission to the bar.


In 1851 Michael Meylert took the job of building a brick court house 44 feet square and three stories higlı. The bricks were inade within the limits of Laporte and put in the walls before the season ended. The building was ready for use in the spring of 1852. It combined a court room, four county offices, four cells for prisoners and three rooms for the sheriff's family.


By an act of April 15, 1851, the counties of Bradford, Susquehanna and Sullivan were made to constitute the thirteenth judi- cial district, and at the general election of that year the opposing candidates for presi. dent judge were David Wilmot and William Elwell-Wilmot being elected.


Hon. David Wilmot first presided in the courts of Sullivan county in the February term, 1852. He had previously served two or three terms in Congress, and had attained a national reputation as the author of the "Wilmot Proviso." He was afterward United States senator.


At the May term of court John B. Linn, of Lewisburg, was admitted to the bar. He located at Laporte and remained several years.


A list of the judges who have presided over the courts of Sullivan county since its organization is here annexed :


President Judges: 1851, David Wilmot; 1856, Warren J. Woodward; 1862, William Elwell; 1872, William Elwell; 1874, Thomas J. Ingham; 1884, Jolin A. Sittser; 1894, Ed- ward M. Dunham.


Thomas J. Ingham was born November 25, 1828, in the then township of Asylum, county of Bradford and state of Pennsylva- nia, son of Thomas and Eunice (Horton) Ing- ham. Received his education chiefly in the common schools, but for short terms attend- ed the Hartford academy and Wyoming seminary.


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SULLIVAN COUNTY


In early life lic worked on the farm and in thic saw mill owned by his father. About the beginning of the year 1851 he came to Laporte, Sullivan county, and was employed as deputy prothonotary, register and re- corder. In 1852 he was appointed clerk to the commissioners. In the fall of 1853 he was nominated on the Democratic ticket and was elected to the office of prothonotary, register and recorder, and discharged the duties of the office until 1855. In the spring of 1856 he removed to Bradford county and engaged in the mercantile business. This business not proving profitable he entered thic law office of Hon. Ulysses Mercur as a student, and was admitted to the Bradford county bar September, 1860. He returned to Sullivan county and commenced the prac- tice of law in November. In the following year he was elected district attorney and served for three years. The legislature in 1874 made a change in the judicial district and provided for the appointment of an ad- ditional law judge. In May of that year Mr. Inghanı was appointed by Governor Hartranft as additional law judge. At the same session of the legislature an act estab- lishing the Forty-fourth judicial district, consisting of the eounties of Wyoming and Sullivan, and provided for the election of president judge at the ensuing fall election. Mr. Ingham was unanimously nominated by the Republicans and was elected and served as president judge for ten years. In the fall of 1884 he was again a candidate, but was defeated by Judge Sittser. On retiring from the bench he resumed the practice of law.


Hon. Edwin Murray Dunham, the present president judge of Sullivan county, was born at Windham, Bradford county, Pa., August 31, 1844; acquired his carly education in the public sehools at Windham and Laporte, and later attended a private school for four years. He studied law in the office of Judge Ingham at Laporte, and was admitted to the bar of Sullivan county in 1866. He was dis- triet attorney in 1870, and a member of the legislature in 1878, and was elected presi- dent judge of Sullivan county in the fall of 1894.


Rush Jackson Thompson is one of the ablest lawyers practicing at the Sullivan eounty bar. He has since his admission made a spceialty of real estate and corporation law.


Mr. Thompson was born at Hunlock's Creek, Luzerne county, Pa., March 18, 1849, and is a son of James Thompson. He was cducated in the public schools and in the State Normal school at Mansfield, studied law in the office of William A. and B. M. Peek, of Towanda, and was admitted to the bar May 1, 1871.




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