The twentieth century bench and bar of Pennsylvania, volume II, Part 15

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


USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 15


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THIE BENCH AND BAR OF PENNSYLVANIA


porators of the People's National Bank of Lebanon, is now (1903) vice-president of the Jonestown Bank, vice-president of the Lebanon Mutual Fire Insurance Company, president of the Union Boiler and Man- ufacturing Company, and largely interested in several other industrial establishments.


In February, 1890, Mr. Capp married Miss Clara S., daughter of the late Senator George F. Meily, and by her has two children, Eliza- beth and Emily. Socially, he is free, easy of approach, without affectation, liberal, open- handed with his friends, gracious to all. His residence at Hathaway Park, Lebanon, has afforded an hospitality to every prominent Lebanon visitor in years. In physique he is. tall, broad-shouldered, and has a strong face.


In his religious affiliations, Mr. Capp is an Episcopalian, a member of the vestry of St. Luke's Episcopal church of Lebanon. and its junior warden.


John Weidman Ulrichs, born in Berks county in 1816 to Rev. Daniel and Elizabeth (Weidman) Ulrichs, was graduated from the college of New Jersey, now Princeton, in 1839; studied law under Jacob B. Weidman, at Lebanon, and from the time of his admis- sion to the bar, in 1842, till his decease, in 1864, held a high place among his profes- sional associates and in the community. He was especially proficient by years of study and practice in matters pertaining to the Orphans' court.


Hon. David Krause, Jr., a native of Leban- on, was born on November 2, 1800. After finishing his preliminary studies under Rev. Ernst, a Lutheran minister at Lebanon, he studied law in the office of Mr. Jonathan Walker, at Pittsburgh, and was there ad- mitted to practice. When a young man, he served as private secretary to Governor Schulze; was admitted to the Dauphin coun- ty bar in 1825, and one year later was ap- pointed deputy attorney general, and re- appointed in 1829. In 1835 and 1836 he served as a member of the House of Repre-


sentatives. He was appointed to fill a vacancy in the district comprising Bucks and Montgomery counties in 1845 and served till 1851, when the office of judge became elective under the new law. Judge Krause spent his latter years in retirement, and on June 13, 1871, died at Norristown.


Hon. Frank E. Meily, Lebanon, is one of the honored members of the Lebanon county bar, and ranks among the influential and progressive citizens of his community.


A native of Lebanon, he was born on October 21, 1855, to the late Charles H. and Sarah (Steekbeck) Meily. His father, who was born on the Meily homestead at the cor- ner of Ninth and Walnut streets, Lebanon, in 1827, was one of a family of six children, his brothers and sisters being Elizabeth, widow of the late Joseph H. Light, editor of the Lebanon News; Henrietta, Alice, Eman- uel G., Nora M., and Charles H., Jr., now deceased. In early life he clerked in a gen- eral store at Lebanon, but in 1857 engaged in the lumber trade as a partner with the late Judge Adolphus Reinoecke, under the firm name of Reinoecke & Meily, and con- tinued that relationship until near the time of his decease, in May, 1890. He was active in public affairs and prominent in local poli- tics, holding numerous local offices. He was a member of the Masonic and Odd Fellow Orders.


Our subject's mother was a daughter of Michael Steekbeck, and she died in 1889. His paternal grandfather, Milton Meily, also a native of Lebanon, was by occupation a weaver of carpets and old-fashioned quilts, highly valued specimens of which, with his name woven in the corner, are still to be found in Lebanon. He married a Miss Shoe- maker, and to them were born Emanuel, now living in California; John, now deceased : George, now a resident of Illinois; Edward, Samuel and Joseph, now deceased; Milton, a citizen of South Anvil township, and Charles H.


Типа Д.Сами


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LEBANON COUNTY


Frank E., after finishing his studies in the Lebanon high school, pursued a course of study at Muhlenberg college, Allentown, Pa., where he was graduated in 1876, as valedic- torian of his class. Young Meily reecived his early legal training under the late Wil- liam M. Derr, of Lebanon, and was there admitted to the bar in 1879. In 1892 Mr. Meily was elected eity solieitor, and two years later was appointed by Governor Patti- son judge of the Lebanon county court, then just ereated by the legislature, the same Act making Lebanon eounty a judicial district. Judge Meily has a judicial mind, and in the discharge of the duties of his high office won the confidence and respect of all parties. He is known as a seholarly man, and with his thorough knowledge of the law, his ability and conseientious regard for the rights of men is universally honored and esteemed.


Josiah Funck, a native of Lebanon county, was born in 1825, and in 1851 was admitted to the bar. Three years later he was elected to the office of distriet attorney. In 1863 Mr. Funek, as eaptain of Company H, Forty- eighth Regiment Pennsylvania Militia, en- tered the Union army and served during the war. After its close, he resumed his law practice at Lebanon, and carried it on with good success to the close of his life. In 1873 he served as a member of the state consti- tutional convention.


John P. S. Gobin, who made a brilliant record as a soldier in the war of the Rebel- lion, is no less successful in his profession. A native of Northumberland county, he was born January 20, 1837, and after finishing his preliminary studies in the schools of Sun- bury, his native place, studied law under Messrs. N. L. Shindel and J. Kay Clement, and in 1858 received his lieense to practice. Mr. Gobin responded to President Lincoln's first call for volunteers, and in April, 1861, entered the service as first lieutenant of Com- pany F, Eleventh Regiment Pennsylvania


Volunteer Infantry. At the close of his three months' term, he returned home and recruited what beeamne Company C, Forty-seventh Regiment Pennsylvania Vol- unteer Infantry, and re-entered the ser- vice as its captain. For gallantry he rose to the rank of major, lieutenant colonel, and colonel, and at the time he was mustered ont, in 1866, he held the rank of brevet brigadier general of volunteers. General Gobin re- sumed the practice of law at Lebanon at the close of the war, and has carried it on sue- cessfully ever sinee.


John W. Killinger, who was born in Leban- on county in 1825, was admitted to the bar there when he was twenty-one years of age. He took an active part in publie affairs, and was, after his admission to the bar, elected prosecuting attorney. He served in the gen- eral assembly of the state in 1850 and 1851. and afterwards served three years as a mem- ber of the state senate. He represented Dauphin, Lebanon and Northumberland counties in the thirty-sixth and thirty- seventh Congresses, and in the forty-second and forty-third sessions of that body, per- formed a like service for the district eom- prising Sehuylkill and Lebanon counties, and again in the forty-fifth and forty-sixth Con- gress was the representative from Dauphin, Lebanon and Northumberland counties, serv- ing in all twelve years in the National House.


George W. Kline, who was born at Lebanon in 1833, was graduated from Yale college in 1853. Studied law under the direction of Mr. Levi Kline, his uncle, and after his ad- mission to the Lebanon county bar in 1857, practiced his profession there with good sucecss.


Cyrus Resley Lantz, a native of Lebanon county, was born in Cornwall township in 1842. He received a good high school edu- eation, and after a course of legal training under Mr. Josiah Funck, was admitted to practice in 1869. Mr. Lantz not only took a


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THE BENCH AND BAR OF PENNSYLVANIA


leading place in his profession, but was also . and afterwards pursued a course of study at called to numerous public positions of trust. the Lebanon Valley college, where he was graduated in 1880. Young Light at once turned his attention to the study of law, and after passing his examination was admitted to the Lebanon county bar. Mr. Light rose rapidly in his profession, and soon secured a liberal clientage, among which were some of the leading corporate interests in the county, which Mr. Light still looks after and handles with marked success. He was two years deputy county treasurer, ten years president of the Lebanon county school board, served three years as district attorney, and for four years was state sena- tor from Lebanon county. Abandoning his practice at the opening of the Civil war, he enlisted in Company E, One Hundred and Twenty-seventh Regiment Pennsylvania Vol- unteer Infantry, and served till the close of the war in 1865, when he returned home and resumed his practice.


Charles M. Zerbe, also of Lebanon, was born at Shaefferstown. in 1841; was gradu- ated from Marshall college in 1862, then went to Philadelphia and became a law stu- dent in the office of Mr. Samuel Perkins, and on May 19, 1866, was admitted to the bar, and began his practiee at Lebanon in August of that year.


Simon P. Light, a member of one of the oldest and most influential families of Leban- on county, was born in the city of Lebanon, on August 30, 1861, and is one of a family of nine children born to the late Gideon and Nancy (Witmeyer) Light. The father, also a native of Lebanon, was a son of Jacob Light, and was born on January 28, 1831. He was a large land owner, and at one time owned the greater part of the land in the Sixth and Seventh wards of Lebanon. Mr. Light served many years as treasurer of the United Brethren Aid society, which he helped to organize, and erected its building, now used as the city hall. He was prominent in the councils of the Democratic party, and in 1873 was elected county treasurer for a term of three years. He died April 18, 1902. Our subject's mother was born at Lebanon in 1838, and is a daughter of Mr. Peter Wit- meyer.


Simon P. received a thorough preparatory education in the public sehools of Lebanon,


Mr. Light has always been an enthusiastic supporter and advocate of Democratic prin- ciples, and active in the councils of his party.


He was a delegate to the Democratic Na- tional convention in 1892, and four years later was again chosen as a delegate to the Democratic National Convention from the Fourteenth Congressional district. In 1899 he was elected to the office of county solici- tor, which position he filled acceptably for three years.


Mr. Light has been active in business affairs outside of his profession, and is recog- nized as one of the suecessful business men of Lebanon. He organized the street railway company of Lebanon in 1890, and served as its president until it was absorbed by the United Power & Transportation Company, for which he acts as counsel. From 1892 to 1898 he served as secretary of the Pennsyl -. vania Street Railway Association, and during the same time was a director of the Wilkes- Barre and Wyoming Valley traction com- pany. As one of the organizers of the Peo- ples' Telephone company he served as its president until it was sold to the United Telephone and Telegraph company, of which he is a director. He is also treasurer of the Lebanon Valley Iron company and a member of the board of trustees of Lebanon Valley college. On June 26, 1890, Mr. Light married Miss Ella Smith, a daughter of Mr. Cornelius Smith, of Annville.


F. E. MEILY.


FRANKLIN COUNTY


:11


FRANKLIN COUNTY


BY RICHARD B. TWISS


Cumberland county was erected in the year 1750 in response to a petition presented on behalf of the residents of the valley the previous year by William Magaw and James Silvers, and on the 24th of July the first court convened.


Mr. Samuel Smith presided over this first court, four terms of which were held at Ship- pensburg. Among the justiees we find the names of William Maxwell and Benjamin Chambers. Among those who served on the first grand jury were John Findlay, William Magaw, Adam Hoops and Thomas Brown, all of Franklin county.


The first ease before this eourt, July 24, 1750, was that of Dominus Rex vs. Bridget Hagen, under indietment for lareeny, in which the defendant was found guilty, and senteneed to pay a penalty of six pounds and to receive fifteen lashes on the bare back at the publie whipping post.


The aet ereeting Franklin county was passed at Philadelphia September 9, 1784. Immediately thereafter Edward Crawford, Jr., was duly commissioned by John Diekin- son, president of the Supreme eouneil, pro- thonotary, register, recorder, elerk of Or- phans' Court, clerk of sessions and judge of said eourts, and on September 15, 1784, the first court convened in the second story of John Jaek's tavern, situated at the north- west corner of the diamond. There were present Humphrey Fullerton, Thomas John- ston and James Findlay, all justiees of the peaee for Cumberland county, but residents of the new eounty of Franklin, and who by virtue of their offiee beeame ex-officio judges of the courts of Common Pleas and Quarter


Sessions of the new county. The only busi- ness transacted at this term of eourt was the admission to the bar on his own motion of Mr. John Clark, who had already been admit- ted to practice in the Supreme Court.


At the next term, held in Deeember of the same year, on motion of John Clark, there were admitted to the bar of Franklin county Messrs. Thomas Hartley, Thomas Dunean, Robert Magaw, Thomas Smith, James Hamil- ton, James Ross, Ross Thomson, James Rid- dle, Ralph Bowles, John MeDowell and Stephen Chambers. From that time the courts, four terms of which were held eael year, were held at Chambersburg.


Punishments for petty offenses were often brutal and even inhuman. In 1785 we have the record of several eases, in one of whiel John Thompson, convieted of lareeny, was senteneed to receive twenty lashes on his bare back, well laid on, each day for nine sueeessive days, Sunday excepted, to pay the costs of prosecution and stand committed. In another, Alex Barnes and William John- son, jointly convicted of lareeny, were senteneed to pay a fine of forty pounds, to stand one hour in the pillory, to receive thirty-nine lashes on their bare baeks, well laid on, to have their ears eut off and nailed to the pillory, to be committed to jail six months and pay the costs of prosecution.


The following authentic facts respecting some of the earlier members of the Franklin county bar will be found of interest today.


Thomas Hartley was a lawyer, of ability, an easy and graceful speaker and a man of fine personal qualities. He lived at York and condueted a somewhat extensive practice.


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THE BENCH AND BAR OF PENNSYLVANIA


Hon. Francis M. Kimmell, under the con- stitutional amendment of 1850, making the office of judge elective, became president judge of the Sixteenth district, with James L. Black, Thomas Pomeroy, John Huber, James O. Carson and John Orr as associates.


Mr. Kimmell, a native of Somerset county, was born in 1816, studied law with Hon. Jeremiah S. Black, of Somerset, and was ad- mitted to the bar in 1839. He was known as one of the ablest advocates of the Somerset bar, original and forceful. As judge of the district, he made an enviable record. After his retirement from the bench in 1861, Judge Kimmell resided at Chambersburg till his decease, which occurred May 19, 1900.


In 1862 the Sixteenth district comprised Franklin, Fulton, Bedford and Somerset counties, and James Nill, of Chambersburg, as president judge from December, 1861, till his death, on May 27, 1864. The place thus made vacant was filled by the appointment of Alexander King, of Bedford, June 4, 1864. In the following October he was elected for a term of ten years, and served till his death on January 10, 1871. Associate judges with Judge Nill were John Orr, James O. Carson and W. W. Paxton. With Judge King were James O. Carson, W. W. Paxton, James Fer- guson and John Armstrong, associate judges. and: D. Watson Rowe, as additional law judge, he being appointed March 18, 1868, and in the following October elected for a term of ten years.


Succeeding Judge King, William M. Hall, of Bedford, became president judge of the Sixteenth district by appointment, February 1, 1871, and in the following fall was elected for a term of ten years.


By a division of the district, under the constitution of 1873, Bedford and Somerset counties were continued as the Sixteenth and Franklin and Fulton counties became the Thirty-ninth district. Judge Hall continued to preside in the Sixteenth. His associates were James Ferguson, John Armstrong,


James D. McDowell, from December, 1871. and David Oakes from December, 1872. Judge Rowe continued as additional law judge of the Sixteenth district till April, 1874, when he was commissioned president of the Thirty-ninth district to hold the re- mainder of the term for which he had been elected additional law judge. His associates in the Thirty-ninth were James D. McDowell and David Oakes till his decease, December 2, 1874. Since Judge MeDowell's comnis- sion expired in 1876, Franklin county has had no associate judge.


In 1878 Judge Rowe was elected president judge of the Thirty-ninth district, comprising Franklin and Fulton counties, but when Ful- ton county was detached in 1883, his juris- diction was confined to Franklin county, which then became a separate district.


Hon. John Stewart, born in 1839, educated at Princeton college and in the office of Judge Watts, of Carlisle, succeeded Judge Rowe on the bench of the Thirty-ninth district in January, 1889. After his admission at Car- lisle he removed to Chambersburg and prac- ticed law there until his election to the bench. He was a member of the Constitu- tional convention and of the senate of Penn- sylvania. He was adjutant of the One Hun- dred and Twenty-sixth Regiment Pennsylva- nia Volunteers, U. S. A.


Robert Magaw was a man of commanding influence and a resident of Cumberland county. He was of Irish lineage, and in 1774 served as a delegate to a convention held in Philadelphia with a view to perfecting plans for calling a congress of delegates from all the colonics. He was a colonel in the Revo- lutionary war and after the close of the war lived and practiced his profession for a time in Chambersburg. He subsequently returned to Carlisle, where he closed his busy and useful career.


Hon. James Hamilton was a native of Irc- land, where he studied law and was admitted to the bar, and whence he came to this coun-


FRANCIS M. KIMMELL.


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FRANKLIN COUNTY


try prior to the Revolutionary war. He was a seholarly man, well read in the law and a speaker of more than ordinary power. Ile became president judge in 1806 by appoint- ment of Governor Snyder, and ably filled that offiee until his deeease, in 1819.


Hon. James Riddle, a native of Adams eounty, was an alumnus of Prineeton college. He received his early legal training at York and was thirty years old when admitted to the bar. He carried on a large practice, but in February, 1794, gave it up to aeeept tlie office of president judge under appointment of Governor Mifflin. Judge Riddle had a thorough knowledge of the law, and was es- teemed a seholarly man, being well versed in literature and seienee. He was a eonvine- ing speaker and famous as a trial lawyer before a jury. Resigning his judgeship in 1804, he resumed his professional work and amassed a fortune. His deeease, which oc- curred at Chambersburg in 1837, was deeply mourned by his wide cirele of acquaintances and friends.


Andrew Dunlop, who was born near Ship- pensburg, studied under Hon. Jasper Yeates, of Laneaster, and in 1785 was admitted to the bar at Franklin. A close student, he was well grounded in the seienee of the law; an easy though not eloquent speaker, and espe- eially skilled in the management and trial of cases, he conducted an extensive and luerative practice and aecumulated a fortune. This, however, he lost by unfortunate invest- ments in the iron business in eonnection with his father-in-law, General James Chambers, at London Iron Works.


William Bradford, who ranked among the first men of his day, was a native of Phila- delphia, born September 14, 1755. He was graduated from Prineeton college in 1772, and then began his law studies under Hon. Edward Shippen. On the Deelaration of In- dependenee by the colonies in 1776, young Bradford put aside his law books and joined the army as a volunteer. By a vote of Con-


gress in April, 1777, he was made a colonel and served with distinetion until April, 1779, when ill health forced him to resign his com- mission. Resuming his legal studies he was admitted to practice in the Supreme Court that same year, and in August, 1780, under appointment of Hon. Joseph Reed, president of the Supreme Executive council, beeamc attorney general of the state. He filled that offiee with great credit eleven years, until under appointment of Governor Mifflin, Au- gust 22, 1791, he aceepted the office of asso- ciate judge of the Supreme Court. He served in that eapacity with distinetion until Jan- uary, 1794, when President Washington con- missioned him attorney general of the United States. His brilliant career was eut short by his untimely death August 23, 1795, when in his fortieth year.


Robert McFarland Bard, a native of Franklin county and an eminent lawyer, was born December 12, 1809. His father, Cap- tain Thomas Bard, eommanded a loeal volun- teer company in the defense of Baltimore against the threatened attack of the British in 1814.


Robert attended the academy at Hagers- town, Md., his parents having moved to Washington county, Maryland, in his early life. In 1830 he began his law studies with the Hon. George Chambers, at Chambers- burg, and in 1834 was admitted to the bar. His manly virtues, nobility of eharaeter and pleasing personality attraeted to him univer- sal admiration, while his legal ability soon brought him into public notiee. From 1842 till 1844 he was associated as a partner with Mr. James X. MeLanahan, and such was his professional sueeess, that he beeame known far and wide-his reputation as a great law- yer extending throughout the state, and even beyond. He was a man of intense nature and entered with his whole soul into whatever he undertook. He was aetive in publie af- fairs, took a commendable part in politieal matters, and in 1850 was a nominee for Con-


:14


THE BENCH AND BAR OF PENNSYLVANIA


gress on the Whig ticket. A weakened constitution and continued failing health compelled him finally to abandon his profes- sional work, and his brilliant career was cut short by his untimely decease in January, 1851. In his death the bar of Franklin county sustained the loss of one of its most brilliant and influential members, the com- munity in which he lived a most worthy citizen, and his wide circle of friends a warm- hearted companion whose place none could fill.


George Chambers, another of the able and scholarly lawyers who graced the bar of Franklin county, was born at Chambersburg in 1786. At the age of ten he began the study of Latin and Greck. He had a passion for books and readily mastered his studies, so that in October, 1802, he was prepared to enter the junior class of Princeton college, from which he was graduated with high hon- ors two years later, in a class numbering forty-five. He studied law one year with Mr. W. M. Brown, at Chambersburg, then en- tered the office of Judge Duncan, at Carlisle, and in 1807 was admitted to the bar of Cum- berland county. Returning to Chambers- burg, he began and carried on his practice there. He had a clear, logical and judicial mind and soon took a commanding place at the bar of Franklin county, and in time came to be recognized as one of the ablest lawyers in the state. Throughout his active profes- sional carcer he conducted an extensive prac- tice and there were few cases of any prom- inence in the county in which he was not engaged, and he was largely employed in neigliboring counties. Though his practice was general, he made a special study and ' practice of the land law of Pennsylvania and was authority in that line. He was promi- nent and active in public affairs, and in 1814 was elected manager of the Chambersburg Turnpike Road Company, and afterwards served as its president fifty years. In 1815 he was made a trustee of the Chambersburg


academy, and later became president of the board, resigning after forty-five years' con- tinual service. He was selected as a trustee of the Presbyterian church of Chambers- burg, later served as president of its board till July, 1864. He was first, for many years, a director, and in 1836 became president of the Bank of Chambersburg. In 1832 he was elected to Congress by a large majority, and ably represented Franklin and Adams coun- ties in that body through one term. In 1836 he was elected a delegate from Franklin county to the constitutional convention which met at Harrisburg in May, 1837, to revise the state constitution. A vacancy oc- curring on the State Supreme bench, Governor Johnston on April 12, 1851, com- missioned Mr. Chambers to fill the place. In the following fall he was nominated by the Whig party for the same office, but failed of election. Mr. Chambers accumulated a large fortune, and at the time of his decease, March 25, 1866, was the largest land holder in Franklin county.




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