USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 86
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(Sketch by the Publishers.)
Facetia of the Bar. An execution upon which a colliery was levied was stayed by a rule to open the judgment, lien of levy to
remain. The case hung fire for a number of weeks upon dilatory and other motions un- til finally the oats and other provender for the mine mules ran out and the sheriff feared that the necessary outlay for prov- ender might not be allowed as taxable costs. After another heated discussion among some half dozen of our most prominent law- yers the sheriff's counsel, an original wit. arose and said: "I am tired of hearing all this lawyer talk. I want to announce that the hay and oats are all eaten up by the mine mules. I cannot advise the sheriff to buy any more unless the outlay be allowed by the parties as taxable costs on the execu- tion. I do think, however, that the court should allow these poor mules hay and oats enough to last until these jackasses get through braying in court." It is needless to say that the court and everybody else broke out into a shout of laughter, the argu- ment ceased, and not a single mnle starved.
Scene-Criminal Court.
Lawyer X .- Private counsel for common- wealth.
Lawyer Y .- Counsel for defendant.
(After acrimonious debate.)
Lawyer Y .- Whom do yon represent, sir ? Lawyer X .- The commonwealth, sir.
Lawyer Y. (Lifting up his hands and looking toward heaven) -"Then God save the commonwealth and this honorable court."
As a pious old judge emerged from our court room the writer met him. The judge said: "I had to decide that case against Lawyer A., and I hated to do it. I do not mind his damning the court, but I do so abominably hate that font name he always calls me whenever I decide a case against him."
Once upon a time there dwelt with us at our bar a son of Erin's Isle, who said he had "matreeculated at Trinity, Dooblin." It
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SCHUYLKILL COUNTY
was said of him that he usually breakfasted on a broiled speller and definer, and dined on roast Webster's unabridged dietionary. At any rate he seemed afflieted with some sueh disease as "Verbosity," whatever that may be. When he spoke to a jury (which he eould do with astounding sueeess in ver- diet getting) these lines of Goldsmith would readily apply :
"While words of learned length and thun- dering sound
Amazed the gazing rusties ranged around."
Surely literature suffered a severe blow when these speeches were allowed to vanish : they ought to have been eoralled by the stenographer. If the reader have a lively imagination he may be able to pieture to himself one of these speeches from the basis of a eool, ealm eonversation from this indi- vidual. This, for instance :
"I think Charlie will be elected to Con- gress this time. That is my opinion. If he isn't, then I am mnost egregiously misin- formed, or most eolossally mistaken."
After the jury was ealled on an indict- inent for the lareeny of some mine pieks, the counsel for the defendant, who, by the way, was a deseendant of the Emerald Isle, who sat by him diseovered a flaw in the indiet- ment. He moved to quash and the eourt sus- tained his motion. This lawyer whom we will eall Lawyer B. then turning to his elient said: "You ean now go home, you are free." The astounded defendant looked up in amazement, was in faet stunned at this unexpected turn of affairs. "You ean go now," repeated the lawyer. He then arose and walked aeross the bar on tip toe. When he reached the little wieket leading to the main aisle, he halted and turning about faced his lawyer and the eourt as well, and cried in a voiee heard by the hundreds who sat there: "Lawyer B., Lawyer B., fwhat shall I do wid de pieks?"
Two of our most prominent lawyers were opposed in an action of assumpsit. Lawyer G. tried to interjeet the faet of fraud throughout the entire trial which Lawyer D. refuted. Great stress was laid on fraud by C. in summing up to the jury, and he made a most foreible plea. D., in summing up, did it in about the following language : "My friend and I have been trying lawsuits in this eourt for over thirty years. In all my experience with him I do not know that I ever tried a ease with him in which he did not shout 'fraud.' One would think he is the only living honest man on earth. His ease reminds me of a story abont a eertain doetor. This doetor held a diploma, but whether it was bogus or not I never knew. I might say, however, that I never saw Lawyer C.'s certifieate, and if he has one I do not know whether it is bogus or not. I suppose though he will show it to you before you retire. But this doetor took great pride in asserting that he eould eure all his pa- tients. None ever died on his hands. When asked how he effeeted these marvelous eures he said: 'Well, I do not elaim to under- stand all the diseases that flesh is heir to, but when a patient comes to me I throw him into fits, and I am "hell on fits."' So with Lawyer C., when he gets hold of a law suit he wants to throw it into 'fraud' be- cause he elaims he is 'hell on fraud.' "
Apropos to the aneient sheep stealing ease in which the defendant bah-bahed himself free on the ground of insanity and bah- bahed himself out of paying his lawyer, we have this. Defendant was indieted for ut- tering counterfeit money. He employed one of our best and most prominent lawyers to defend him and paid him a retainer of the "eurrent eoin of the realm." After he was acquitted he turned to his learned counsel and thanked him with tears in his eyes, and to show that his expressions of gratitude were sincere he placed into his hands quite
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THE BENCH AND BAR OF PENNSYLVANIA
a number of national bank notes and of high denomination. When on the following morning the prominent lawyer went to his bank to deposit the same the teller shunned these same bills and said they were eounter- feit. The lawyer learned later that his elient had departed on a railway train on the pre- vious evening, leaving no address.
The action was Trespass, the plaintiff a Pennsylvania German farmer, the defendant a township, the eharge, damages for injuries to plaintiff's horse by reason of dangerous condition of defendant's road or highway.
Seene, Court of Common Pleas. Plain- tiff on the witness stand. His lawyer, D., seated at the counsel table. Everything else as usual.
Lawyer D .- "Now tell the court and jury whether or not your horse was worthless after you recovered him from the wreek."
Witness-"Vell, I guess he vos; I know he
vos vorth mueh less ven I got him on de road after I got him out from dem damn rocks and bushes ovver, he vos awful bad, hurted."
Lawyer D .- "That is not the question I ask you (rising from his ehair and ap- proaching the witness). I want you to say whether or not that horse was worthless after the aeeident."
Witness-"Vell, yes, dot is vot I vont to say before. He vos vorth, I dinks, yes, I sware a good bit less ven I picked him up and put him on de road again. I guess I know if a horse is good if he is hurted. I guess."
Lawyer D. (excitedly)-"Why don't you answer my question?"
Befuddled Witness-"Ich denk dhu daitched's mehr besser in Deitsch sawga, Ieh kon nimme so gut English."
The court interpreter was called and the case moved quietly on.
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SNYDER COUNTY
597
SNYDER COUNTY
BY HORACE ALLEMAN
Snyder county, together with its judicial government, had their organization in the year 1855. At that time the territory now embraced within its borders was separated from the eounty of Union, and by the twen- tieth seetion of aet of assembly, approved Mareh 2, 1855, it was enacted, "That all suits wherein persons residing in the new county were defendants and which were pending and undetermined in the courts of Union county on the first day of December, 1855, should be transferred to the respective courts of Snyder eounty.
The terms of court were fixed for the months of February, May, September and December; but of late the months of June and October have been substituted for those of May and September.
During the interim of these regular terms the president judge appoints an argument court.
Upon the formation of the county very few lawyers resided within its borders. These were located at Selinsgrove, ten miles away from New Berlin, the county seat of Union county.
Immediately upon the creation of the courts, and the selection of Middleburg as the seat of justice, attorneys-at-law made their appearanee, taeked up their signs, opened offices and were ready for business.
In 1858 we find the following list, eom- prising the original lawyers of the county : At Middleburg, Samuel Alleman, John P. Cronimiller, Charles Merrill and Samuel Weirick. At Selinsgrove, George Hill, Charles Hower and A. C. Simpson. At Freeburg, Solomon Malick.
As the county is strictly an agricultural distriet, and its citizens staid, industrious and law-abiding, the practice of law is eon- fined principally to the Common Pleas and Orphans' Courts, the latter of which, at the present writing, has the preponderance of business. Though the criminal practice is generally light, no less than five capital of- fenses have been tried, resulting in two exe- eutions.
The original judicial district of which this county formed a part was the twentieth, and was composed of the counties of Mif- flin, Snyder and Union. By act of assem- bly, approved June 12, 1895, the distriets throughout the State, were re-apportion- ed; and Snyder and Union counties by themselves now form the Seventeenth dis- triet.
Of the president or law judges, Snyder county has not as yet been able to seeure the distinetion; though a number of able and competent lawyers have always ap- peared upon her list-men who would have worn the judicial ermine with honor and credit. Those who have oeeupied this dis- tinguished position are Hon. Abraham S. Wilson and Hon. Samuel Woods, of Mifflin county ; Hon. Joseph C. Bucher and Hon. Herold M. McClure, of Union county. Wil- son occupied the bench in Snyder county five years, from 1856 to 1861; Woods ten years, from 1861 to 1871; Bucher twenty years, from 1871 to 1891; while MeClure is now serving his second term, having entered the twelfth year, from 1891 to the present time. Sketches of these gentlemen properly belong in the history of the county where
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THE BENCHI AND BAR OF PENNSYLVANIA
they formerly practiced their profession, and hence arc omitted at this place.
In addition to the law or president judge, Snyder county has also had upon the bench associate judges, men not supposed to be learned in the law, but able at all times to counsel and direct the president judge in the determination of what is advisable in the transaction of the business affairs of the court.
These associate or law judges are select- ed from the body of citizens, and are well acquainted with the people and conditions in the county. They are often of great as- sistance when the court comes to determine what is the right and proper course to pur- sue in secular matters.
The citizens of Snyder county who have occupied the bench as law judges are here- with subjoined :
1855, Daniel Witmer and E. R. Menges; 1858, Israel Guitelius and Ner B. Middles- werth; 1860, Henry C. Hontz; 1865, Aaron Middleswerth; 1868, George C. Moyer; 1870, J. G. L. Shindel; 1873, Benj. L. Randenbush; 1875, Daniel Gemberling; 1877, J. A. Lum- bard; 1878 Samuel H. Yoder and Samuel B. Schuck; 1880, Hiram O'Neil; 1882, Samuel A. Wetzel; 1883, Jacob A. Smith; 1889, Henry Brown; 1893, Jere Crouse ; 1894, Z. T. Gemberling; 1898, Henry C. Sampsel; 1899, Alfred Specht ; 1900, Peter F. Reigle.
In 1879 the attorneys of Snyder county formed a bar association. The first officers of the association were: Samuel Alleman, president; L. N. Myers, vice-president; Thomas J. Smith, treasurer, and John H. Ar- nold, secretary. Subsequently A. W. Potter was elected president; F. E. Bower, secre- tary, and J. G. Weiser, treasurer.
Admission to the bar was formerly upon certificate that the applicant had registered and studied law for two years with some practicing attorney; and upon examination by a committee of three, appointed by the court for that particular applicant. Shortly
after Judge McClure assumed the duties of his office, he appointed a permanent exam- ining committee. This committee has con- tinued the same to the present time. Its members are J. G. Weiser, Charles P. Ulrich, A. W. Potter, F. G. Bower and H. Alleman.
Since the appointment of this committee, all persons purposing to study law, with a view of being admitted to the courts of Sny- der county, must undergo a preliminary ex- amination before this committee before he is allowed to register as a student. Before he is permitted to practice before the courts he must also pass a final examination before the committee. In the preliminary examina- tion there must appear in the applicant a proficiency in "All branches of a good Eng- lish education and the elements of the Latin language." This includes a satisfactory knowledge of English and Latin grammar, history of the United States and of England, spelling, geography, arithmetic, algebra, composition, four books of Caesar and two of Virgil. In the final examination a satis- factory knowledge and understanding of Blackstone's Commentaries, works on Plead- ing, Evidence, Equity, Contracts and Prac- tice must be manifest. This, in general, is the nature and character of the bench and bar of the county of Snyder from its forma- tion to the present time.
According to the date of admission to practice law, we now enter upon these rec- ords brief individual sketches of those who regularly practiced before said courts as attorneys.
Eulogistic comments have been omitted, as their introduction would necessarily have created a comparison, which is, at all times, odious.
Suffice it to say, that the lawyers who have appeared before the bar of Snyder county will compare favorably with those in other parts of the state.
Samuel Weirick, born in Union county in the year 1808. On the beginning of
599
SNYDER COUNTY
1832 he commenced the study of law, act- ing at the same time as clerk for the county commissioners. On the 15th of May, 1834, he was admitted to practice before the sev- cral conrts of the county. In 1846 he served as deputy attorney general, now known as district attorney, and in the legislative ses- sion of 1848 and 1849 represented the dis- trict composed of the connties of Union and Juniata. Upon the formation of Snyder county he removed from New Berlin to Mid- dleburg, where he resided and continued his practice up to the time of his death, Febru- ary 9, 1869. During his residence in Sny- der county he acted as attorney and coun- sel for the county commissioners.
George M. Zeigler, born at Gettysburg, Adams county, May 24, 1816. Learned the printing trade in his native town; during which time he also applied himself in ob- taining a liberal education. About 1838 he began the study of law in Butler county under the instruction of Samuel A. Pur- viance, and was admitted to practice in 1840. After three years' practice at Kit- tanning he removed to Brookville, Jeffer- son county. Here he remained fifteen years, when he came to Selinsgrove, Snyder county, continuing the practice of his profession. Two years later he removed to Sunbury, Northumberland county, and resided there up until the time of his death. In 1854 and 1855 and '61 he was a member of the House of Representatives from the county of Jef- ferson.
Charles Merrill, born in Union county, 1823. Studied law in 1844 with his father, James Merrill, and was admitted to prac- tice December 15, 1846. During the war of the Rebellion, he served in Company H, Thirty-first Regiment, Pennsylvania Volun- teers. He died December 25, 1865.
Anthony C. Simpson, a native of On- tario county, New York, was born in 1827. Educated at Trinity college, Geneva, New York; clerked in a hardware store in 1848,
and at the same time read law in the office of Hon. Charles JJ. Folger. Admitted to prac- tice May 8, 1849, and soon after located at Selinsgrove, and entered upon a successful practice of the law. Was district attorney of Snyder county from 1861 to 1864. During the war of the Rebellion, in the year 1862, was captain of Company D. Eighteenth Regi- ment, Pennsylvania Militia. In the summer of 1863 he was captain of Company I, Thir- tieth Regiment, Pennsylvania volunteer in- fantry. Subsequently he held a position in the Army of the Potomac with the rank of Major. Mr. Simpson died at Selinsgrove, about 1896.
Charles Hower, born in Northumberland county, Pa., February 18, 1832. Educated at McEwensville, Northumberland county. In 1851 Mr. Hower registered as a law student in the office of William C. Lawson, Esq., a prominent attorney of Milton, Northumber- land county. Soon thereafter he entered the Easton Law school, where he completed his preliminary legal training. He was admit- ted to the practice of law in the several courts of Northumberland county in Novem- ber, 1854. On April 3, 1855, Mr. Hower located at Selinsgrove, in the newly formed county of Snyder, where he still resides, en- gaged in active practice. In 1858 he was elected district attorney, which position he filled with ability and satisfaction. During the war of the Rebellion, he served as Quar- termaster in the One Hundred and Seventy- second Regiment, Pennsylvania Volunteers, and served as a member of the board of enrollment of the fourteenth district of Pennsylvania.
John P. Cronimiller,' born at Mifflinburg, Union county, November 19, 1826, and died at the same place January 15, 1885. In early life he learned the trade of blacksmith- ing. Was educated at the Mifflinburg acad- emy and at the Lewisburg university. En- gaged in teaching at Mifflinburg, Easton. Middleburg and Sunbury. In 1854, he con-
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THE BENCH AND BAR OF PENNSYLVANIA
menced the study of law in the law office of Absalom Swineford, Esq., at New Berlin. He moved to Middleburg, county seat of Snyder eounty, during the year 1856. Here he eon- tinued the study of law, with Charles Mer- rill as his preceptor. Upon the completion of his legal studies and his admission to the bar on September 22, 1857, Mr. Croni- miller entered into a law partnership with Mr. Merrill. In 1872, he was elected a mem- ber of the Constitutional convention which held its sessions in Philadelphia. After a continuous practice of his ehosen profession for a period of twenty-four years, Mr. Cron- imiller moved back to his native plaec, and three years thereafter passed to the eternal world.
Samuel Alleman, born at Maytown, Lan- caster county, February 2, 1818. Died at Selinsgrove, Snyder county, February 28, 1881. Obtained a liberal education at Pennsylvania college, Gettysburg, Pa. In 1840 taught school at Millersburg, Dauphin county ; removed to Harrisburg in 1842 and commenced the study of law in the office of Crouse & Boas. Admitted to practice in the several courts of Dauphin county August 19, 1845. During the administration of Gov- ernor William F. Johnston, Mr. Alleman was chief clerk in the State Department. In 1856 he removed to the newly formed eounty of Snyder and resumed the practice of his profession. In 1861 he was eounty super- intendent of the public schools of Snyder county. In 1864 he was a member of the state legislature and was subsequently nomi- nated for Congress.
Solomon Malick, born in Lower Augusta township, Northumberland county, June 15, 1831, died at Sunbury, March 21, 1882. Educated at the Freeburg academy, taught school, in 1856 he began the study of law under the direction of George Hill, Esq., at Selinsgrove, was admitted to practice in Snyder county February 23, 1858. In the spring of 1861 Mr. Malick moved to Sun-
bury, where he continued in active practice until the time of his death. Further details of his career should be found in the history of Northumberland eounty.
John H. Arnold was a native of Perry county, where he was born March 18, 1837. He was a graduate of Jefferson college in the class of 1857. Read law under the in- struction of Benjamin and Charles McIntire, at New Bloomfield. and was admitted to practice in the several courts of Perry coun- ty April 10, 1860. He at onee located at Middleburg, and on May 24, 1860, was ad- mitted to practice in Snyder county. From 1876 to 1879, he served as district attorney for the county. In the war of the Rebellion he carly enlisted in Company D, Second Pennsylvania Regiment. In August, 1863. he was appointed First Lieutenant in the recruiting service. He was afterwards a member of Company G, Ninth Pennsylvania Cavalry, becoming chief clerk of General Kilpatrick. in the eampaign through the Carolinas. Mr. Arnold removed to Ohio a few years ago, where he has since died.
B. F. Housewerth, born at Selinsgrove, educated in the public schools, read law with A. C. Simpson, Esq., and was admitted to practice in Snyder county in 1860. After practicing a few years in this county, he re- moved to Iowa, where he still resides.
Jeremiah Snyder is a native of Snyder county and was born in 1832. Taught school at Middleburg, New Berlin and in the coun- try district. Read law at New Berlin under the instructions of Isaae Slenker, Esq., and subsequently with Charles Hower, Esq., at Selinsgrove. In March, 1861, was admitted to practice in Snyder county. The year prior to this he was a delegate to the memorable national Democratic convention at Charles- ton, S. C. In 1861 Mr. Snyder enlisted in the military service of the United States for three months. He afterwards recruited Com- pany F, One Hundred and Thirty-first Penn- sylvania Volunteer Regiment.
C Janl Alleman
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SNYDER COUNTY
James N. Knight, born at Liverpool, Pa., .1840. Educated at the Freeburg academy, studied law with Solomon Malick, Esq., in 1861. Admitted to practice in 1863, died at Freeburg May 8, 1875. Mr. Knight gave promise of being a learned and successful lawyer.
Charles Selin Swineford, born at New Ber- lin, Union county, educated in the public schools and at Central Pennsylvania college, New Berlin, read law under the instructions of Isaac Slenker, Esq., and was admitted to practice at September term, 1863. Mr. Swine- ford served during the war of the Rebellion in the Pennsylvania Reserves.
Thomas J. Smith, born at Middleburg, July 20, 1837. Died Deeember 30, 1895. Educated in the public sehools, and in 1861 graduated from the Dickinson seminary, Williamsport, Pa. Taught in publie sehools, and in 1863 commenced the study of law under the instruction of Charles Merrill, and subsequently under Samuel Weiriek, Esq. Admitted to practice January 27, 1865.
B. F. Parks, born at New Berlin, Union county, December 17, 1842. At the age of eight years, he with his parents eame to Selinsgrove. His education was acquired in the public schools and in the classical depart- ment of Missionary institute. He taught in the public schools of Selinsgrove, Middle- burg and in the rural distriets. He read law in the office of Charles Hower, Esq., and was admitted to practice at the September term, 1866. The following fall he was eleeted dis- triet attorney, and made a faithful and com- petent official. In 1870 he was re-elected to the same offiee and served with acceptability. He also served as eounty attorney for the commissioners. A number of years ago he removed to Nebraska, where he still resides.
L. N. Myers, born in Juniata county Feb- ruary 22, 1838; edueated in publie sehools and at the MeAlisterville and Shirleysburg academies. Admitted to practice in 1869,
located in Middleburg about 1870, and in 1873 was elected to the office of district attorney. In 1881 he was elected to the state legislature.
George A. Botdorf was born at Free- burg, Pa., September 25, 1848. Educated in public schools and Freeburg academy, taught school in Union, Juniata, Northum- berland and Snyder counties. About 1869 he commenced the study of law in the office of A. C. Simpson, at Selinsgrove, and was admitted to practice in May, 1871. He has since continued the practice of law at Free- burg.
Horace Alleman is a native of Harrisburg, Dauphin Co., Pa., and was born February 7, 1847. At the age of ten years, he with his parents removed to Snyder county ; his edu- cation was obtained in the private and pub- lie schools of Harrisburg and Middleburg, at Missionary institute, Selinsgrove, Penn- sylvania eollege, Gettysburg, and the law department of Columbia eollege, Washing- ton, D. C. From Pennsylvania college he was graduated in the class of 1869 with the degree of A. B., receiving the degree of A. M. in course. Immediately upon his return home from college, he registered and con- meneed the study of law under the instrue- tion of his father, Samuel Alleman, Esq. His second year of law study was spent at Co- lumbia college, from which he was gradu- ated June, 1871, with the degree of LL. B., and admitted to praetiee in the Supreme Court of the District of Columbia. On the following September, at the regular term of court, he was admitted to praetiee in Snyder county, which praetiee has continued to the present time. For a period of eight eonseeu- tive years, Mr, Alleman served as attorney for the county. being employed by the eom- missioners. For twenty-two years he held commissions of notary publie from no less than five governors of Pennsylvania. Dur- ing the Rebellion he served as private in
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