The twentieth century bench and bar of Pennsylvania, volume II, Part 16

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 16

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James Smith immigrated from Ireland at an early age and settled in the "Barrens" of York. He was admitted to the bar at the September term, 1786, and for more than sixty years was an active practitioner, con- ducting a large and lucrative practice throughout the eastern counties of the state. During the Revolutionary war he com- manded a regiment and in 1776 was elected to Congress.

James Orbison, a courtly gentleman of the old school, was admitted to the bar of Frank- lin county in March, 1791. He was not re- garded as a great lawyer, although he con- ducted a fair practice and had many friends. His decease occurred at Chambersburg about 1812.

Samuel Riddle, a native of Adams county, received his early legal training under his brother, James Riddle, at Chambersburg, and was admitted to the bar in December, 1790. He began his practice at Huntington, then

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FRANKLIN COUNTY

removed to Bradford, where he continued until his brother was made president judge of the district, in 1794. He then settled in Chambersburg, where he oeeupied his broth- · er's former office and suceceded to much of his practice. He died in 1820.

John McDowell Sharpe, a native of Cum- berland eounty, was born October 7, 1830, to Andrew and Rosanna (MeDowell) Sharpe. As a boy he was studious and a lover of books; and before he attained his eighteenth year, in September, 1848, he was graduated from Jefferson college with the highest hon- ors. He studied law under Hon. Frederick Watts, of Carlisle, was admitted to the bar in 1850, and then settled in Chambersburg, where he ever after made his home. Mr. Sharpe rapidly rose to prominence in his pro- fession, and wherever known was regarded as a lawyer of the highest type. Of him Judge Sherwood, after retiring from the Su- preme bench, said: "He regarded Mr. Sharpe as the best prepared and most thor- ough lawyer that eame before him while he sat in that court, and he was recognized generally by the publie as a leader in his profession. But Mr. Sharpe, while first and always a lawyer, was more. He was pre- eminently a man of the people, possessed of a gentle, genial and generous nature ; he was lovable as he was eminent. His ancestors were Federalists, and he in early life was a Whig and heartily supported General Win- field Seott for the presideney in 1852. But when the "Know-nothing" movement set in, lie abandoned the Whig party, and in 1856 supported James Buchanan and ever after- wards advocated the principles of the Dem- oeratie party. In 1863 he represented Frank- lin and Fulton counties in the general assembly of the state, and in 1864 was rep- resentative from Franklin and Perry coun- ties in the same body where he was recognized as an able debater and wise legis- lator.

In 1872 Mr. Sharpe was a delegate to the

constitutional convention from Franklin and Cumberland counties. He was again sent to the state legislature in 1882, and as chairman of the judiciary committee rendered effective service, and was regarded as a leader in that body. Mr. Sharpe did not seck office, but his eminent fitness, rather than popularity led to his selection for the many important trusts that were imposed upon him. An able lawyer, a careful student of men and events, a thorough scholar and a polished gentleman, he won his way by his very force of char- aeter, and maintained always and every- where the universal and unlimited confidener: of the people.

In his decease, which occurred August 23, 1883, the county of Franklin was ealled to mourn the loss of one of her ablest and most honored citizens, and the state lost the ser- vices of one of her greatest and best men. Besides his good work, Mr. Sharpe left as a permanent legaey the memory and example of a noble life.

William M. Brown, who was born at Brown's Mill, in Antrim township, Franklin county, was graduated from Princeton col- lege and then studied law under direction of Attorney General William Bradford, at Philadelphia. After finishing his preliminary studies he settled in Chambersburg, and in September, 1791, was admitted to the bar. Mr. Brown was a thorough lawyer, being especially able as an advocate; his pleasing manner, manly address and convincing elo- quence, making him a power before eourt or jury. He accumulated great wealth, and died in Mississippi in 1843 at the age of eighty years.

James Duncan, who lived at Carlisle, was a brother of the Hon. Thomas Duncan, and was admitted to the Franklin county bar in April, 1792.

James Brotherton held a prominent place at the Franklin bar, but was of a delieate constitution and died about 1806. He was born at Hollywell, Papermill.

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THE BENCH AND BAR OF PENNSYLVANIA

Samuel W. Culbertson was admitted to practice in April, 1801. He studied under Mr. James Osborne, at Chambersburg; prac- ticed there but a short time and then re- moved to the west.

William Osborne, whose admission to the bar dated from 1801, died at his home in Huntington about 1886, after a long and pro- fessional career.

The courts of the Fourth Judicial district, comprising the eounties of Franklin, Bed- ford, Huntingdon and Mifflin, from 1791 to 1794, were presided over by Thomas Smith, the associate judges being James McDowell, James Maxwell, George Matthews and James MeCammons. In 1794 the district was ex- tended by the addition of Cumberland county, and from that time until 1804, James Riddle served as president judge, with Asso- ates James MeDowell, George Matthews, James McCammons and James Chambers, who served from November, 1795, till his de- cease in 1805.

By a readjustment of the distriets in 1806, Franklin county with Adams and Cumber- land, beeame the Ninth distriet, and James Hamilton of Carlisle served as president judge from then till 1819, his associates be- ing James McCammons, who served till his deeease in 1809; James Maxwell, James Mc- Dowell, William McClay, till 1809; Archibald Bard till 1811, and Isaac Eaton till 1815.

In March, 1819, Charles Smith, of Carlisle, beeame president judge and served thirteen months, the associates being Arehibald Bard and Isaac Eaton.

In 1820 Perry eounty was added to the Ninth district, and from that time till March 29, 1824, John Reed, of Carlisle, served as president judge, with associates Archibald Bard, Isaae Eaton and Jaeob Oyster, who served till August 23, 1823.

In 1824 the districts were readjusted and Franklin county was put into the Sixteenth district, together with Bedford and Somerset.

Hon. John Tod, of Bedford, was appointed

president judge, and served till May 25, 1827, when he was promoted to the Supreme bench. The associates during this time were Archi- bald Bard and Jaeob Eyster.

From 1827 till 1842 the courts of the Six- teenth district were presided over by Alex- ander Thompson, the associate judges being Archibald Bard, Jacob Eyster, Matthew Pat- ton, from October, 1830; William McKesson, from November, 1832, and Robert Smith from December, 1836.

A change in the state constitution in 1828 terminated the commissions of the judges then sitting, and provided that the judges should be appointed by the governor with the consent of the senate, the president judges to hold for a term of ten years, and the asso- eiates five years. Under this provision the president judge of the Sixteenth district, from June 30, 1841, to the first Monday in December, 1851, was Jeremiah S. Black, of Somerset, the associates being Robert Smith, James J. Kennedy, Samuel Dun, Harry Ruby and John Orr.

Hon. James Nill, son of Charles Nill, was born on the 16th of December, 1802, in Quiney township, Franklin county, Penn- sylvania. He secured a common sehool edu- cation and on April 8, 1830, at the age of twenty-eight years, began the practice of the law at Chambersburg. His mother wit and prodigious memory, his easy approaeli and aptitude for business soon brought hin a large practice in all the courts. He was appointed president judge of the Court of Common Pleas of Delaware county when still a young lawyer, and served for a short time. Later Thomas B. Kennedy became his partner in the practice of law at Chambers- burg, and the firm had a large clientage at the time of Mr. Nill's election to the bench of the 16th district. His office at one time was a sort of law college from the unusual nun - ber of students he had. Mr. Nill, without being eloquent or rhetorical, was a very witty speaker, heard with pleasure on the

JAMES NILL.

FRANKLIN COUNTY

hustings as well as at the bar. His know]- edge of case law was extensive, but his ser- vice on the benchi was too brief to impress himself on the public mind as a judge.

Hon. David Watson Rowe, hereinbefore mentioned, is a native of Greencastle, and was born on November 12, 1836. After clos- ing his preparatory studies in the public and classical schools of his native place, he en- tercd Marshall college at Mercersburg, being then under fifteen years of age. On leaving college, he studied law with Mr. William Mc- Clellan, of Chambersburg, and on August 15, 1857, was admitted to the bar.

At the opening of the Civil war young Rowe enlisted as a private in Company C, Second Regiment Pennsylvania Volunteers Infantry, and on April 18, 1861, started for the front. A week later he was made ser- geant major of his regiment, afterwards was commissioned first lieutenant of Company C, and was with General Patterson in the opera- tions against Johnson in the valley of Vir- ginia. Returning to Greencastle at the ex- piration of his term of enlistment, July, 1861, the next year he recruited Company K of the One Hundred and Twenty-sixth Regiment In- fantry, of which he was commissioned lieu- tenant colonel. He remained in the service until his regiment was mustered out May 20, 1863, and then returned home and resumed his law practice. In 1868 Governor Geary appointed him additional law judge of the Sixteenth district, and at the following Oc- tober elcetion, he was chosen to the same office for a term of ten years. On the division of the district in 1874, he became president judge of the Thirty-ninth district, compris- ing Franklin county with Fulton county at- tached. At the expiration of his term Judge Rowe was re-elected and served another ten ycars, after which he resumed the practice of law which has since engaged his principal attention.

O. C. Bowers, also a native of Franklin county, born in Antrim township October 11,

1843, is the son of Samuel and Catherine (Wolfe) Bowers. Hc received his prepara- tory education in the public schools, and in the Millersville State Normal school, then spent three years at the Mercersburg college. after which he spent four years in the study of the classics and law, and in November, 1873, was admitted to the bar.

The following year he was elected district attorney on the Democratic ticket, and re- elected in 1877 for a second term. He has ever since been conspicuous as a lawyer in the criminal courts with a large practice in the common pleas.

Thomas R. Gilland was reared on his fath- er's farm in Antrim township, Franklin county, Pennsylvania, where he was born December 25, 1840, to Thomas and Susan (Concord) Gilland.

He received a good English education in the district schools, but in August, 1862, went to the war as a private in Company G, One Hundred and Fifty-eighth Pennsylvania Volunteer Infantry, and served until mus- tered out in the fall of 1863. Mr. Gilland then spent one year in Indiana, and during the next fourteen years was engaged in farming and teaching and studying law. He received his legal training with Messrs. Stenger & McKnight; was admitted to the bar September, 1879, and began practice at Chambersburg, where he continued until his death, carrying on a good practice and being known as a thorough, careful, conscientious lawyer.

Emanuel James Bonbrake, who was ad- mitted to the bar in May, 1858, was born in Franklin county in 1832; there attended the public schools and Marshall college and stud- icd law with Messrs. Cessna & Shannon at Bedford. Mr. Bonebrake began his practice at Chambersburg as a partner with Captain George Eyster in 1859. He rose to a promi- nent place in liis profession; became known as a skillful trial lawyer, but failing health compelled him to relinquish the general

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THE BENCH AND BAR OF PENNSYLVANIA

practice, and for a number of years he has confined his attention to the more quiet prae- tice of the Orphans' Court.

Hon. Alexander Thomson was born in Franklin county, Pennsylvania, January 12, 1788. His grandfather was a Seotehman, who settled on the Conoeoeheague in 1771. His parents both died young, and at the age of fifteen Alexander was apprentieed to his unele to learn the trade of a siekle-maker. While aequiring his trade, he manifested a love for study, and by the time he was through with his apprenticeship he had gained a knowledge of Latin and was thor- oughly versed in the English pocts. Later he entered the family of Rev. Mr. Grier, of Northumberland, the father of the late Jus- tice Grier, of the United States Supreme Court, to instruct his sons, and at the same time to continue his own studies. His health broke down after three years of this life, and he removed to Bedford, hoping to be benefited by a change of climate. Here he took charge of the academy and studied law with Judge Riddle. After his admission to the bar he soon attained public confidenee. He was elected to the house of representa- tives in the state legislature, and afterwards represented the district in Congress from 1823 to 1827. In the discharge of his public duties he displayed untiring industry and serupulous fidelity. During his term in Con- gress he took a warm interest in the welfare of the Distriet of Columbia, and labored so zealously in its behalf that the citizens of Washington, in grateful recognition of his serviees caused his portrait to be painted and placed in the city hall. About the end of his Congressional career he was appointed by the governor to a judgeship in the city of Lancaster. He held the office but a short time before he was appointed, for life, presi- dent judge of the judicial district composed of Somerset, Bedford and Franklin counties. He removed from Bedford to Chambersburg and held this office until his term expired

under the limited tenure of the amended constitution of 1838. He was succeeded in the judgeship by Hon. Jeremiah S. Black, be- fore whom he praetieed successfully, attend- ing the courts of all the counties and being engaged in many important eases. He eon- tinued the practice of his profession until his death, which oeeurred suddenly from paralysis August 2, 1848.

Besides his professional labors in the eourts he filled a professorship in the law school eonneeted with Marshall college. To his pupils he gave diligent attention, and by his valuable instruction and almost paternal eare, won their highest esteem and lasting gratitude. Among his pupils were his nephew, Hon. Thomas A. Hendrieks, late United States senator, governor of Indiana and candidate for Viee-President ; Hon. John Seott, ex-senator from Pennsylvania, and Hon. T. B. Kennedy, a prominent member of the Franklin county bar and president of the Cumberland Valley railroad.

Judge Thomson was not only a busy law- yer, but an aetive, publie-spirited citizen. evineing a hearty interest in everything af- fecting the community in which he resided. As a judge he was laborious and eonseien- tious in the examination of every case; he maintained the dignity of his high offiee and gave opinions which were the result of a sound judgment, guided by the highest learning in his profession. His moral and re- ligious worth, his benevolenee and courtesy, his legal and literary attainments, won for hiin the highest regard of all with whom he became associated. Judge Thomson was twiee married, first to Miss Abbie Blythe, of Bedford, and after her death to Miss Jane Graham, of Stoystown, Somerset county. The children born of both marriages were: Dr. Alexander Thomson, of Mount Savage. Md., and Mrs. John Culbertson, of Spring- field, Mo .; George Thomson, Dr. William Thomson, Frank Thomson, general manager of the Pennsylvania railroad, Mrs. James B.

Alex. Thomson

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FRANKLIN COUNTY

Dayton and Mrs. James Leslie, widow of James Leslie, late chief clerk of the war de- partment.

(For the above sketch we are indebted to the History of Bedford, Somerset and Fulton counties, by Waterman, Watkins & Co.)

George Eyster, a native of Chambersburg, was born in February, 1832. He was gradu- ated from Pennsylvania college in Gettys- burg in 1850, and four years later, on April 12, was admitted to the bar. He was a good lawyer, and in 1860, was elected district at- torney. Mr. Eyster died at Philadelphia on December: 29, 1886, having been United States assistant treasurer there.

W. Rush Gillan, another of Franklin coun- ty's successful lawyers, was born in Hamil- ton township, April 3, 1850, the son of John and Margaret (Walter) Gillan. After leav- ing the public schools he spent one year at Mercersburg college, and in 1875 settled at Chambersburg in the grocery trade. The same year he was elected clerk of the courts for a term of three years, and during that time studied law with Messrs. Stenger & James A. McKnight, and on September 1, 1879, was admitted to the bar, and at once began the practice of the law, which he has since continued with unusual success. In 1891 he was elected to the legislature.

George W. Welsh, who was born in Waynesboro July 10, 1833, received his cdu- cation in his native place, studied law with Mr. McDowell Sharpe and his uncle, Mr. Wilson Reilly, and was admitted to the bar October 29, 1856.

William Tell Omwake, also a native of Franklin county, was born May 23, 1856. Hc received his legal training under Francis M. Kimmel, and in 1881 was admitted to the bar.

William U. Brewer, born April 3, 1844, and a graduate of the Millersville State Normal school, was admitted to the bar on December 15, 1868. He practiced law at Greencastle for a number of years, then re-

moved to Chambersburg, acquired a large practice, especially in the Orphans' Court, and became prominent in the profession. He was a member of the state senate in 1893- 1896.

Walter K. Sharpe, son of J. McDowell and Emma (King) Sharpe, was born in Cham- bersburg, graduated from Princeton col- lege, studied law under the Hon. Jolin Stew- art and was admitted to the bar on the 25th of February, 1889. He soon made a name in the profession, and his practice has stead- ily increased and become large, and he is now counted among the prominent members of the bar of Franklin county. A few years ago he associated with Irvin C. Elder as partner. Avoiding politics, he has devoted himself assiduously to the practice of the law.

Alexander Stewart, son of Hon. John Stew- art, president judge of Franklin county, was admitted to the bar on April 23, 1888, at the age of twenty-two years, having graduated from Princeton, and studied law in the office of his father. Judge Rowe, after retiring from the bench and resuming the practice of law, took Alexander Stewart into partner- ship, though but a year at the bar. He at once displayed superior legal talent and business ability and met with rapid and as- sured success. He had already attained a place among the leaders of the bar and was marked for fame in his profession, when, at the early age of twenty-eight, he died on January 8. 1895, thus ending a career of re- markable promise. 1

List of practicing attorneys of Franklin county bar having offices within the county. Chambersburg postoffice :

William Alexander, 1883; G. W. Ather- ton, 1883: E. J. Bonbrake, 1859; W. U. Brew- er. 1868: O. C. Bowers, 1873; Horace Bender, 1886; N. L. Bonbrake, 1896; George Cham- bers, 1866; Loren A. Culp, 1878; Irvin C. Elder, 1891; Henry P. Fletcher, 1894; J. Gil- more Fletcher, 1897; Ellis E. Foust, 1894;

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THE BENCH AND BAR OF PENNSYLVANIA

Hastings Gehr, 1860; Garnet Gehr, 1893; D. O. Gehr, 1888; W. Rush Gillan, 1879; Arthur W. Gillan, 1898; Walter B. Gilmore, 1899; Linn Harbaugh, 1884; William S. Hoerner, 1890; John W. Hoke, 1893; Samuel F. Hu- ber, 1898; Harry I. Huber, 1900; Charles W. High, 1902; William R. Kecfer, 1888; George A. Kyner, 1891; J. D. Ludwig, 1874; D. Ed- ward Long, 1899; John M. McDowell, 1869; Thad. M. Mahon, 1869; T. Z. Minehart, 1894; W. L. Minick, 1902; Howard F. Noble, 1896; W. O. Nicklas, 1897; Jolin R. Orr, 1858; W. Bronson Orr, 1898; D. Watson Rowe, 1857; John D .- Rice, 1894; D. Edgar Rice, 1901; J.

R. Ruthrauff, 1880; Joshua W. Sharpe, 1875: Walter K. Sharpe, 1889; C. A. Suesserott, 1877; J. A. Strite, 1888; Charles Walter, 1890; Isaac I. Wingert, 1897; W. J. Zacha- rias, 1880.

Greencastle Postoffice: William R. Davi- son, 1900; J. H. Light, 1888; A. G. McLana- han, 1873; William J. Patton, 1900; B. F. Winger, 1871.

Waynesboro postoffice : N. B. Martin, 1878; W. T. Omwake, 1881; Watson R. Davison, 1893; C. W. High.

Mercersburg postoffice: J. C. Rankin, 1891; H. H. Spangler, 1897.

721

NORTHAMPTON COUNTY

BY C. G. BEITEL

Northampton county was erected out of Bucks county by an act of the provincial as- sembly approved March 11, 1752. At that time it embraced within its borders the eoun- ties of Lehigh, Carbon, Monroe, Pike, Wayne and Susquehanna, and parts of Wyoming, Luzerne, Sehuylkill, Bradford and Columbia.

The following mention of the earlier eourts is from the "History of the Lehigh Valley," by M. S. Henry :

One of the reasons assigned by the peti- tioners for a new eounty was that the people were so remote from the seat of justice that it was difficult for them to obtain their rights and rogues took advantage in doing misehief with impunity.

The first eourt was held on the 16th day of June, 1752, and in the session doeket we find this reeord :

"At a court of record **

* held at Easton, for the county of Northampton, the 16th day of June, * A. D. 1752, be- fore Thomas Craig, Timothy Horsefield, Ilugh Wilson, James Martin and William Craig, Justices of the Lord, the King, the peace of said county to keep, and also divers trespassers and felons, and other offenses in said county committed, to hear and deter- mine, assigned. (By commissions dated 7th June inst.)"

This was the starting point for the courts of our county. The court thus organized was compelled to hold their sessions in hotels, be- cause they had no court house in which to mneet. The courts assembled at the hotels till 1766. An act had been passed February 17, 1763, authorizing the building of a court house at Easton.

As already stated, from June 16, 1752, to March 6, 1766, the courts were held in the various hotels. The rents paid were from three to seven pounds, ineluding wood and candles. The sessions would not last more than two or three days the first few years, but as business inereased four days would be consumed. Great formality was used by the justiecs at these gatherings. It was the custom to eseort them from their homes, or lodgings, with constables in front and rear, while the heads of the justiees were graeed with three-cornered coeked hats. The com- mon people gazed at them with amazement. The staves of the constables were beautiful- ly painted, and a bill was paid the United Brethren for painting these emblems of offi- cial power, the amount being $25.

The court house was finished at a cost of $4,589.67, and was built after a model of Car- penter Hall, in Philadelphia. It was quite an imposing strueture for those days, and was a source of pride to the borough and eounty.

Easton has always been the seat of justice, and the first court house was completed and the first eourt held in it in 1766. It was ereet- cd in the center of the square, known as the cirele, upon a lot granted by Thomas and Richard Penn by deed dated September 28, 1764. This deed also embraced another lot, theretofore having been laid out for a prison or common jail ereeted thereon.

The old county house, in which the clerks' offices were located, was situated in the southeast corner of the square. South of the court house, just in the entrance of Third street, stood the pillory and whipping post ;

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THE BENCH AND BAR OF PENNSYLVANIA

those aneient instruments of punishment were in the days and experience of the great apostle, "Five times received I forty stripes, save one, and with Silas was pilloried in Phil- lippi." And here we see in a remote town, in a land of which Paul never heard, the same humiliating instruments stand elose by the jail nearly two thousand years after those dark days. For twenty-four years this beau- tiful spot was disfigured by the relic of an ancient eivilization, and during those long years many had suffered the dread inflietion of the lash.

In 1753 the county jail was completed and was situated on the east side of Pomfret (now South Third street), at the corner of Pine street.

In 1774 a large addition was built to the jail. Here, then, we see the machinery of justice, the eonrt house, the pillory, the whipping post and the jail.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 16

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