The twentieth century bench and bar of Pennsylvania, volume II, Part 11

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180

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ernor or his lieutenant, under the broad seal of this province, who shall hold and keep a court of record in every county, which shall be styled and called 'The county Court of Common Pleas,' and shall be holden four times in every year at the place where the general quarter sessions shall be respectively kept." "Which said justices, or any three of them aeeording to the tenor and diree- tions of their commissions, shall hold pleas of assizes, seire faeias, replevin, and herein determine all and all manner of pleas, ae- tions, suits and causes, eivil, personal, real and mixed, according to the laws and eonsti- tution of their provinee." The general as- sembly, on January 28, 1777, enaeted "that Court of Quarter Sessions and Goal Deliv- ery, and eourts of Petty Sessions, Courts of Common Pleas, Orphans' Courts and Su- preme Courts, Courts of Oyer and Terminer and General Goal Delivery, shall be held and kept in each respeetive eounty in this state."

To meet exigeneies that have arisen, other special courts have, at various times, been established and maintained till the need of them ceased. Such was the Distriet Court for the eity and county of Laneaster, organ- ized under an aet of the legislature on Mareh 27, 1820, with powers commensurate with those of Common Pleas Court exeept that its jurisdiction, in original suits or appeals was limited to the controversies where the sum involved was in excess of three hundred dollars. By an act of the legislature, passed March 10, 1823, the jurisdietion of this court was extended so as to inelude the county of Dauphin, and this eondition continued until March 27. 1828. An act passed April

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10, 1826, continued in force the acts of March 27, 1820, and March 10, 1823, as re- garded said District Court, and also brought within its jurisdiction, the county of York. In the same act was a provision limiting the jurisdiction of said District Court, except as to pending cases, to those where the amount involved exceeded one hundred dollars, and also providing that all pending suits in Lan- caster county, Common Pleas Court involv- ing sums in excess of two hundred dollars should, after the date of said act, May 1, 1826, be transferred to, and determined in said District Court, and annulling the juris- diction of the Common Pleas Court in cases where the amount in question exceeded two hundred dollars.

The county of Dauphin remained within the jurisdiction of this District Court till March 27, 1828, but the county of York continued within its jurisdiction till May 1, 1833, after which time the city and county of Lancaster became a separate district. Other changes and modifications of the pow- ers of this court were made at later dates, until, on February 6, 1849, when the need for it having ceased, the general assembly passed an act abolishing it and transferring its jurisdiction and .all pending causes to Lancaster county Common Pleas Court.

When the city of Lancaster was incor- porated by act of general assembly of March 20, 1818, provision was made for "the Mayor's court for the city of Lancaster." The authority of this court was vested in the mayor, the recorder and the aldermen of the city, any four or more of whom might act, and its jurisdiction limited to the city, was commensurate with that of quarter Ses- sion, oyer and terminer, and jail delivery. This court existed until 1849, when it was discontinued by legislative enactment.

The holding of courts in Lancaster county began in August, 1729, at Conestoga. The next year, quarter sessions of the peace and Common Pleas Courts were held, also at

Lancaster, but since November, 1730, all the courts of Lancaster county have been contin- uously held at the city of Lancaster.

As early as 1854, one of the associate judgeships of Lancaster county having been vacant, the general assembly, on April 13, enacted "that it shall be the duty of the governor to fill the vacancy in the office of the associate judge of the Court of Common Pleas of Lancaster county, by appointing thereto a competent person learned in the law, to continue until the first Monday in December next (1854), and at the next gen- eral election the qualified electors of Lan- caster county shall elect a competent person, learned in the law, to be an associate judge of said court who shall hold his office for the term of ten years from the first Monday of December next (1854), if he shall so long be- have himself well." Therefore the courts of Lancaster county had one president judge and two associate judges, one of whom was not learned in the law, and this order pre- vailed till December, 1878, when the present regime of one president judge and one asso- ciate judge began.

A host of names, many of them illustrious in the judicial history of Lancaster county have adorned the honor roll of those who have presided over her courts since their beginning in 1729. Among these the follow- ing names of justices are disclosed by the records, and commissions on file in the re- corder's office, viz .: John Wright, Samuel Jones, Tobias Hendricks, Andrew Cornish, Thomas Edwards, Andrew Galbraith, Caleb Pearce, Edward Smout, Derrick Updegraff, Thomas Lindley, Samuel Boyd, Anthony Shaw, John Kyle, James Armstrong, Eman- uel Carpenter, Conrad Weiser, John Postle- wait, William Parsons, James Smith, Thomas Holliday, Isaac Sanders, John Hopson, Cal- vin Casper, Jolin Douglass, Adam Simon Kuhn, William Jevon, Edward Shippen, An- drew Work, Robert Thompson, John Allison, Thomas Foster, Calvin Cooper, Adam Read,

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LANCASTER COUNTY

Isaac Richardson, John Hay, Zaeheus Davis, William Hamilton, James Burd, Thomas MeKee, John Philip DeHass, James Clemson, Robert Boyd, William Henry, Everhard Gru- ber, James Work, Henry Slamaker, Mieh- ael Hubley, Joseph Miller, John Gloninger, Samuel Jones, John Thorn, Adam Nees, Jonathan MeClure, Moses Irwin, Patriek Ewing, John Boyd, Henry Sheffer, Joseph Miller, Timothy Green, James Bailey, Abraham Whiteside, John Luther, Joseph Shippen, James Old, Joseph Gingerieh, Ja- eob Reigor, Andrew Graff, David Watson, Henry Ream, William A. Atlee, John Joseph Henry, all of whom served prior to the year 1800. Later appear the names of Walter Franklin, Oristus Collins, Benjamin Champ- neys, Ellis Lewis, Henry G. Long and John B. Livingston. Among the names of assoei- ate judges appear the following, viz. : Robert Coleman, John Whitehill, Frederiek Kuhn, James Clemson, Andrew Graff, James Whitehill, Jaeob Hibshman, Thomas Clark, Samuel Dale, John Lightner, Jaeob Grosh, Emanuel Schaeffer, Jeremiah Brown, Daniel B. Vondersmith, Alexander L. Hayes, Fer- ree Brinton, Peter Martin, John J. Libbart and David W. Patterson.

Among the names of president judges of the District Court for the eity and eounty of Laneaster are Charles Smith, 1820-1824; Ebenezer G. Bradford, 1824-1833; Alexander L. Hayes, 1833-1848. Assistant judges of this eourt were Alexander Thompson, 1826- 1827; Alexander L. Hayes, 1827-1833.

From the many names that have made il- lustrious the bar of Laneaster county, the following may be specially mentioned, though laek of space forbids more than a passing notiee :

George Ross, a native of Delaware, born in 1730, was admitted to praetiee in Laneas- ter in 1750: served in the Colonial Assembly from 1768 to 1776; was a member of the Colonial Congress from 1774 to 1777; was one of the signers of the Declaration of In-

dependence, and in 1779 beeame judge of the Court of Admiralty.

Jasper Yeates, born at Philadelphia in 1745, was admitted to the bar twenty years later, married and settled at Laneaster in 1767, and beeame one of the most sueeess- ful influential lawyers in Pennsylvania, and from 1791 until his death in 1817, served with distinetion as a justiee of the Supreme Court of Pennsylvania.

William Augustus Atlee, a native of Phila- delphia, born in 1735, was admitted to Lan- easter bar in 1858, served on the beneh of the Supreme Court of Pennsylvania from 1777 to 1784, and was president judge of the second judicial distriet from 1791 till his death twenty years later.

John Wilkes Kittera, a native of Laneas- ter eounty, received his degree from Prinee- ton college in 1776, studied law and in 1782 was admitted to praetiee. Served as eon- gressman ten years, 1791 to 1801, and died June 6th, of the last named year while serv- ing as United States distriet attorney.

John Joseph Henry, born in 1758, was ad- mitted to the bar at the age of twenty-seven years. From 1793 till his death in 1811, he served as president judge of the second ju- dieial distriet.

William Clark Frazer, was born in 1776 in Delaware, was graduated from Prineeton in 1797; admitted to the bar in 1801; in 1813 settled at Laneaster and under appoint- ment of President Andrew Jackson, in 1836, served on the Supreme beneh of the terri- tory of Wiseonsin.

William Jenkins, born in Laneaster eoun- ty in 1779, was graduated from Prineeton eollege at the age of eighteen, and in 1801 was admitted to the bar. He was sixteen years, 1808 to 1824, deputy attorney general for Quarter Sessions of Laneaster county, and from 1845 till 1849, when it was abol- ished, he served as reeorder of mayor's court. His death oeeurred in 1853.

Amos Ellmaker, a native of Laneaster

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THE BENCH AND BAR OF PENNSYLVANIA

county, born in 1787, was a graduate of Princeton college. He served as deputy at- torney general of Dauphin county from 1809 till 1815, in the meantime, 1813 to 1814, served in the state legislature ; was president judge of the twelfth judicial district, 1815 to 1816; served as attorney general of Penn- sylvania from 1816 to 1819; settled at Lan- caster in 1821, and in 1828 and 1829 again served as attorney general of the state. He was nominated for Vice President on the Anti-Masonie ticket in 1832.

Samuel Parker, was admitted to practice in 1821 after a course of study in the office of James Buchanan. He served ten years as deputy attorney general of Lancaster county, and in the meantime, 1830 and 1831, was a member of the general assembly. His death occurred in 1859.

Molton C. Rogers, born in Delaware, grad- uated at Princeton, was admitted to the bar in Lancaster in 1811. He was recorder of the mayor's court from 1818 to 1820, and in 1823 became secretary of the state by ap- pointment of Governor Shulze. From 1826 to 1851 he served as one of the Supreme justices of the state and died in Philadelphia in 1863.

Benjamin Champneys, a native of New Jersey, was born in 1800, began the study of law under Chief Justice Ewing, of Trenton, finished his course with Mr. George B. Por- ter, of Lancaster, and was admitted to prac- tice in 1818. He was three years deputy attorney general of his county, and served as president judge of the Second judicial district 1829-32. From 1843 to 1845 he was a state senator and the following year be- came attorney general under appointment of Governor Shunk. He afterwards served both houses in the state legislature, and died in 1871.

James Buchanan, born in 1791 in Franklin county, Pennsylvania, was graduated from Dickinson college in 1809 and admitted to the bar in 1812. He was a member of the

general assembly 1814-15 and served in Congress from 1820 till 1831, when he went as minister to Russia under appointment of President Jackson. He served as United States senator from 1834 to 1845, when he became secretary of state under President Polk, serving till 1849. In 1853 he was sent as minister to the Court of St. James, and three years later was elected President of the United States. After the expiration of this term he resided at his home at Wheat- land till his death on June 1, 1868.

Alexander L. Hayes, a native of Delaware, was born in 1793, graduated from Dickinson college in 1812, three years later was admit- ted to the bar at Dover, moved to Philadel- phia in 1820, thence went to Reading, and from 1827 to 1833 served as associate judge of the District Court of Lancaster and York counties. He afterwards was appointed president judge and filled the office with dis- tinction till 1849. He served a term of ten years, 1854-64, as associate law judge, and was then elected for a second term. He died in 1875.

Thomas E. Franklin, a native of Philadel- phia, was born in 1810, graduated from Yale in 1828, began the practice of law in 1831, and two years later became district attorney for the mayor's court. He served twice as attorney general of the state, closing his last term in 1858.

Reah Frazer, born in Lancaster county in 1804, was admitted to practice in 1825. He was widely known as a successful lawyer, and far famed for his oratorical powers. He died in 1856.

David W. Patterson, after leaving Wash- ington college in 1839, studied law, and in 1842 was admitted to practice. He attained to a high position in his profession, and in 1874 became associate law judge, an office which his eminent qualifications enabled hini to fill to the satisfaction of all parties.

Henry G. Long, born in 1804 at Lancaster, was one of the leading lawyers of his day.

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LANCASTER COUNTY

He was prominent in politics, serving in the state legislature, and in 1851 was commis- sioned president judge for a term of ten years and then re-elected for another term.

Thaddeus Stephens, born at Danville, Vt., in 1792, was graduated from Dartmouth col- lege in 1814. He studied law, was admitted to the bar in Maryland, then settled at Gettysburg, Pa., in the practice of his pro- fession, and soon gained an enviable reputa- tion as a trial lawyer. From 1833 till 1841 he was a member of the general assembly of Pennsylvania. Resuming his law practice, he settled at Lancaster in 1842, and there added to his fame as a successful lawyer. He took an active interest in political affairs and took a determined stand against slavery, and in 1848 was sent to Congress, where his fearless utterances on the slavery question brought him into national prominence. In 1859 he was elected to the House of Repre- sentatives on the Republican ticket, and during the war of the rebellion was a ree- ognized leader as chairman of the ways and means committee, and afterwards took an aetive part in the reconstruction of legisla- tion. He died at the national capital in 1868.

A. Herr Smith, born in 1815, was gradu- ated from Dickinson college at the age of twenty-five, and in 1842, passed his exami- nation and was admitted to the bar. He served in both the lower and upper houses of the state legislature from 1844 to 1848, afterwards resumed his law practiee, and in 1872 was elected Congressman and served by re-election to the close of the Forty-eighth Congress.

Jesse Landis, a native of Laneaster, was born in 1821, and beeame a lawyer at the age of twenty-two. He practiced his profession until 1861, then served eight years as county solieitor, and died in 1873.

Oliver Jesse Dickey, born in Beaver county, Pennsylvania, in 1822, was a law student under, and afterwards a eo-partner

with, Thaddeus Stephens, and after Con- gressman Stephens' death was sent to Con- gress in his place. Re-elected in 1870, he served another term, after which he prac- ticed his profession until his deeease.

Isaac E. Hiester was graduated from Yale college in 1842 at the age of eighteen years, and three years later was admitted to the bar. He served three years as district at- torney of Laneaster county, and as a Whig entered the Thirty-third Congress, where he was active in the stirring issues of the times relating to the extension of slavery. He afterwards assumed his profession at Lan- easter and lived until 1871.

John B. Livingston is a native of Lancas- ter county, and was born in 1821. He stud- ied law under Thaddeus Stephens, and from 1848, when he was admitted to praetiee, till 1871 practiced law, serving three years dur- ing that time as district attorney. Becom- ing president judge in 1871, he, by re-clec- tions, served three terms of ten years each.

Hugh M. North, a native of Pennsylvania, born in 1826, studied law and was admitted to practice in Laneaster county in 1849. He took an active part in political affairs, and in 1854 entered the state legislature. Ten years later he was nominated for Con- gress and made a strong though unsuccessful run against the IIon. Thaddeus Stephens, and in 1872 was nominated and ran against Mr. A. Herr Smith for the same office. Since that time Mr. North has been the recipient of numerous official honors.

George Brubaker, a native of Laneaster county, was born in 1817. His early educa- tional advantages were meager, and it was not until 1851, when he was thirty-four years old, that he began the study of law, though prior to that time he had served one term as register of wills. He pursued his law studies under the direction of Hon. Thad- deus Stephens, and in 1854 passed his exam- ination and entered upon his honorable and

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THE BENCHI AND BAR OF PENNSYLVANIA

successful career. In 1868 he became dis- trict attorney for Lancaster county and served one term.

William B. Givin, born in Lancaster county in 1855, was graduated from the university of Michigan; then studied law at Philadelphia, and in 1876 was admitted to practice and settled at Columbia. Mr. Givin was successful in his practice, and on nu- merous occasions has been the recipient of political honors.

Andrew J. Kauffman, another native of Lancaster county, was born in 1840. He re- ceived a liberal education, and pursued his preliminary law studies under the precep- torship of Mr. Hugh M. North at Columbia. He was admitted to the bar in the year 1864, after which he carried on a suc- cessful law practice, and as collector of internal revenue for the Ninth district added new luster to his already honored namc.

685

NORTHUMBERLAND COUNTY

NORTHUMBERLAND) COUNTY

Northumberland county was erected, by act of Assembly, on March 21, 1772, and the justices forthwith appointed were as fol- lows: William Plunket, Turbutt Francis, Samuel Hunter, James Potter, William Mac- lay, Caleb Graydon, Benjamin Allison, Rob- crt Moodie, John Lowdon, Thomas Lemon, Ellis Hughes and Benjamin Weiser.

The first court was held on April 9, 1772, and was a Court of Private Sessions of the Peace.

The townships of the county thus set off at this term of court, for which officers were appointed by the court, were: Penn's, Au- gusta, Turbut, Buffalo, Bald Eagle, Muncy and Wyoming townships.

The first court of General Quarter Sessions of the Peace for the county was held on May 26, 1772, at Fort Augusta, before Wil- liam Plunket and his associates, and as at the previous session, an exemplified copy of the act erecting the county, was published in open court, commissions of the justices were again read, and the first recorded proceed- ings were petitions for license to sell spiritu- ous liquors and keep houses of public en- tertainment. Then followed road petitions, etc., and for a considerable period the entire attention of the court was evidently directed to the exercise of its administrative func- tions. Actions begun in the county prior to its erection, criminal as well as civil, had been continued in the courts at Reading, Lancaster or Carlisle.

The first grand jury was impaneled on the fourth Tuesday in August, 1772.

The first case recorded was "The King vs. John Williams, alias Thomas Adams." Ad- ims was tried on a larceny charge, and sen- enced to a fine of £5 and to receive twenty-

one lashes on his bare back. At the same term of court Adams was convicted upon a second and third indictment for felony. Upon the second he was fined £5, 7s, 6d and sentenced to receive twenty-one lashes at the common whipping post, and upon the third was fined £3, 5s and twenty-one more lashes. These three indictments were the only cases tried at this term of court, and constitute the first recorded proceedings in the criminal annals of the county.

The Orphans' Court was organized April 9, 1772. The first proceedings of this court were recorded under date of August 13, 1773, Justices William Maclay, Samuel Hunter and Michael Troy presiding. These courts were held very irregularly for some years after the organization of the county. William Maclay was appointed the first pro- thonotary by the governor on March 24, 1772.

The first will recorded was that of Joseph Rotten, of Buffalo township, which was cer- tified to the deputy register August 24, 1774.

The first session of the Court of Common Pleas began on the fourth Tuesday in May, 1772. William Plunket, Samuel Hunter, Ca- leb Graydon, Thomas Lemon, Robert Moodie and Benjamin Weiser were appointed jus- tices. Several admissions were recorded at this session.

The second term opened on the fourth Tuesday in August, same year, Justices Plunket, Hunter, Lemon, Moodie and Potter presiding. The causes entered upon the docket at this term numbered thirty-three, and several admissions were recorded. But meagre information is afforded regarding the early procedure of the Common Pleas Court. There is no record of any special

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rules being formulated for some years after the courts were organized. However, in 1789, there were some special regulation rules in regard to scheduling property by the sheriff.

At the November term, 1799, provision was made for an Argument Court to be held on Saturday of each week during the term. The earliest printed code of rules applying to the courts of this county that has come to our knowledge was published at Philadel- phia in 1801 by William Young. Judge Rush was thien president of the Third district, in which the county was then embraced, and this code continued in force probably throughout his administration and that of Judge Cooper.

Judge Chapman instituted several changes immediately after his accession, perhaps the most important of which related to the trial list. Some considerable time elapsed before further rules were compiled and published, but on April 16, 1836, the bar of the county petitioned a committee-Messrs. Bellas, Jor- dan and McDonald-to revise and collate the rules of court for the Eighth district. The following year a new edition of rules was published under Judge Lewis' auspices, which continued in force during the ad- ministration of his successors, Judges Don- nel, Anthony and Pollock. A new code was formulated upon the accession of Judge Jor- dan, published in 1852. The present rules of practice of the courts of the county were adopted January 21, 1878, six years after Judge Rockefeller's elevation to the bench.

THE BENCH.

Justices commissioned for the county under the provincial regime from 1772 to 1790 were as follows: William Plunket, Tur- butt Francis, Samuel Hunter, James Potter, William Maelay, Caleb Graydon, Benjamin Allison, Robert Moodie, John Lowdon, Thomas Lemon, Ellis Hughes, Benjamin Weiser, William Patterson, Michael Troy,

John Fleming, Samuel Maclay, John Simp- son, Robert Robb, Evan Owen, John Weit- zel, Henry Antes.

The following justices were appointed by the Provincial convention of 1776, which ex- ercised the function of a provisional state government, but there is no record of any le- gal business having been transacted by them :

Samuel Hunter, James Potter, William Maclay, Robert Moodie, John Lowdon, Ben- jamin Weiser, John Fleming, Henry Antes. John Simpson.

Under the constitution of 1776 the fol- lowing justices were commissioned for a term of seven years:

Thomas Hewitt (president). Samuel Hun- ter, John Weitzel, Robert Martin, Michael Troy, Samuel Allen, John Aurand, William Shaw, John Livingston, William Maclay, Da- vid Harris, Frederick Antes (president). Laurence Kecne, Alexander Patterson, Wil- liam Maelay, William Shaw, William Irwin. Simon Snyder, Samuel Wallis, Robert Flem- ing, William Montgomery (president), John Kelly, Abraham Piatt, Eli Mead, William Cooke, John Simpson, Samuel Weiser, Chris- tian Gettig, Joseph Jacob Wallis, George Hughes, John Weitzel, William Hepburn, Jasper Ewing. David Kinney and Matthew Smith.

The title of "President of the Courts" ap- pears to have originated in 1790. superseded by that of "President Judge" in a short while, as the latter occurs in the Constitution of 1873. Under these titles the succession in this county has been as follows :

William Plunket, Thomas Hewitt, Freder- ick Antes, William Montgomery, Jacob Rush, Thomas Cooper, Seth Chapman, Ellis Lewis, Charles G. Donnel, Joseph B. An- thony, James Pollock, Alexander Jordan, William M. Rockefeller and Judge Savidge (present judge).

Hon. William Plunket presided over the county courts under the colonial regime, He

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was a physician by education and profession. Of the twelve justices commissioned he was probably the only one learned in the law and familiar with the methods of procedure in the English courts. He presided over the courts for the last time at May sessions, 1776.

Hon. Thomas Hewitt, the first president of the courts under the Constitution of 1776, re- sided in Chillisquaque township. He was elected to the assembly, and on the 8th of July of the same year he was one of the judges at an election held at George Mc- Candlish's for members of the Constitutional convention. He was also a member of the committee of safety in 1776-77, and on the 9th of June in 1777 he was appointed a jus- tiee of the courts over which he presided from November in that year until 1780.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 11

Author: Publication date: 1903 Publisher: Chicago, H. C. Cooper, jr., bro. & co. Number of Pages: 1180

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180